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HomeMy WebLinkAbout981215 December 15, 1998 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:30 a.m. by President Gregory I. Snook with the following members present: Vice President Paul L. Swartz, and Commissioners Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES - DECEMBER 8, 1998 Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the minutes of December 8, 1998, as submitted. Unanimously approved.  COMMISSIONERS REPORTS AND COMMENTS Commissioner Snook distributed the legal notice he received from the City of Hagerstown regarding the public hearing scheduled to consider the annexation of 37 acres located southwest of Hagerstown. He reminded the Commissioners of the dates of the joint rezoning hearings scheduled for 1999. Commissioner Schnebly reported on the legislative forum sponsored by the Chamber of Commerce. He distributed a list of proposed issues for discussion. The Commissioners agreed to schedule a workshop on January 14 to develop planning initiatives. They also agreed to hold workshop sessions on Thursday evenings in January. Commissioner Schnebly suggested that it would be more efficient if they consider a liaison system to deal with joint issues with the Mayor and Council rather than hold monthly meetings as they have done in the past. Commissioner Swartz reported that he and Commissioner Wivell toured the Conococheague and Nicodemus Wastewater Treatment plants last week. Commissioner Wivell reported on the Water & Sewer Advisory Commission meeting last week. After discussion, the Commissioners agreed to reschedule their meeting with the Advisory Commission to January 5. APPROVAL OF 1999 LEGISLATIVE AGENDA Richard Douglas, County Attorney, reviewed the 1999 legislative requests which were amended at the meeting held last week. The Commissioners discussed each of the items and agreed to endorse the requests made with regard to purchasing, zoning, short-term borrowing authority, the Local Management Board purchasing exemptions, and bond financing authority. It was the consensus not to submit the position statements as part of the legislative requests. Commissioners Schnebly and Iseminger stated their support for the request to eliminate the sunset provision in the Collective Bargaining Act so that would not expired June 30, 1999.  Charles Jim Mobley, Secretary to the Board of Election Supervisors, appeared before the Commissioners in support of the request to increase compensation for the Board of Election Supervisors. Mr. Mobley distributed information on the duties of the Board and the pay scale of all boards of election supervisors in Maryland. Commissioner Iseminger suggested that Alan Davis, Human Resources Director, review the request because of his expertise in compensation matters and make a recommendation to the Commissioners. He asked that the level of compensation requested be compared with that of the Board of Education and other boards in the County. Clarence Scheer, Chairperson of the Water & Sewer Advisory Commission, stated that the request for additional funding from State for biological nutrient removal (BNR) should be submitted to the General Assembly. After discussion, the Commissioners agreed to discuss this with the Delegation to see how other counties in the State received a percentage higher than 50 percent for BNR. Motion made by Commissioner Schnebly, seconded by Iseminger, to authorize submittal of requests for legislation to add additional language to: 1) language require bids to be responsive, 2) allow minor zoning adjustments to be granted by the Zoning Administrator, 3) the authority to utilize line of credit borrowing for up to $5 million, 4) exempt the Local Management Board from the purchasing law, 5) authorize the County to borrow up to $50 million by issuance of general obligation bonds, to the Washington County Delegation to the General Assembly, subject to amendment after further discussion. Unanimously approved. (A copy of requests are attached). ANNOUNCEMENT OF UNIVERSITY OF MARYLAND SYSTEMS CAMPUS Commissioner Snook announced plans for a community partnership between the University of Maryland, Hagerstown Community College, Frostburg State University, local businesses and city and county governments to bring a new institution of higher education to the Hagerstown area. Robert Sweeney, Executive Director of PenMar Development Corporation, explained that a University of Maryland system campus will offer four-year  bachelors degrees plus advanced graduate and professional degreesand would be modeled after the Shady Grove Center. A steering committee made of up business, education and government leaders will consider possible sites in the County. He stated that the business community has been challenged to raise $1 million to help make this become a reality. They are also seeking a donation of 20 acres of land for the facility. Mr. Sweeney indicated the need to formalize the structure of the steering committee. DECEMBER 15, 1998 PAGE TWO The Commissioners agreed to request that the current ad hoc committee members, along with representatives from the City of Hagerstown and the Chamber of Commerce, act as the steering committee for development of a University of Maryland systems campus center in Washington County. The following individuals would continue to serve on the steering committee: Wayne Alter, William Reuter, Robert Sweeney, Michael Callas, Dr. Robert Cirincione, Del. John Donoghue, Merle Elliot, Dr. Catherine Gira, James Latimer, Michael Looney, Sen. Donald Munson, Alan Noia, Terry Randall, Dr. James Shaw, Dr. Norman Shea, Rodney Shoop, Gregory Snook and Paul Swartz. BID AWARD - INDUSTRIAL EQUIPMENT Motion made by Iseminger, seconded by Schnebly, to award the contracts for low bids meeting specifications for each item of equipment as follows: Cab & Chassis - Keystone Ford $37,314; Muni-Dump-Utility Truck - Keystone Ford $47,195; Traffic Control Truck with Aerial Lift - Keystone Ford $67,690; Mower - All Terrain - Middletown Repair Shop $25,103.69; Asphalt Maintenance Machine - RSC/Siems Rental & Sales $55,975; and Asphalt Paver - RSC/Siems Rental & Sales - $57,126. Unanimously approved. BID AWARD - LABORATORY SERVICES FOR WATER/WASTEWATER TESTING Motion made by Commissioner Wivell, seconded by Swartz, to award the contract for laboratory services for water/wastewater testing to Atlantic Coast Laboratories, Inc. d.b.a. Artesian Laboratories which was the lowest responsive, responsible bidder of $33,108 for the testing services specified in the bid package on an as-needed basis for a one-year period with an option to renew for up to two (2) additional consecutive one-year periods. Unanimously approved. CONTRACT AWARD - DESIGN FOR PLANT UPGRADES TO MEET STATE-MANDATED REQUIREMENTS FOR BIOLOGICAL NUTRIENT REMOVAL (BNR) AT THE CONOCOCHEAGUE WASTEWATER TREATMENT PLANT Greg Murray, Director of the Water & Sewer Department, presented the history behind the recommendation to close the Nicodemus Wastewater Treatment Plant (WWTP) and transfer flow to the Conococheague plant. He provided a summary of the benefit and cost savings for this proposal. Mr. Murray stated that the Maryland Department of the Environment has mandated upgrades for biological nutrient removal (BNR). Mr. Murray stated that 50% funding is available through the State to bring the plant into compliance. The Commissioners had questions and asked for additional details on the requirements. Clarence Scheer, Chairperson of the Water & Sewer Advisory Commission, introduced the members in attendance. He stated that the Advisory Commission is not prepared to make a recommendation to the Commissioners to close the Nicodemus WWTP and award the contract for BNR. Mr. Scheer stated that he would like to see discussion with City on closure of the Nicodemus plant. He indicated that the Advisory Commission has not seen a complete plan. It was the consensus of the Commissioners to allow the Advisory Commission to make recommendation on the plan to close the Nicodemus plant. Motion made by Commissioner Iseminger, seconded by Schnebly, to award the contract to George, Miles & Buhr, Inc. which submitted the low lump sum fee of $347,158 for design of plant upgrades to meet the State-mandated requirements for biological nutrient removal at the Conococheague Wastewater Treatment Plant, contingent upon the approval of the Maryland Department of the Environment, and to request that the Water & Sewer Advisory Commission make a recommendation on this matter. Unanimously approved. RECESS - LUNCHEON AT WASHINGTON COUNTY HEALTH DEPARTMENT The Commissioners recessed at 11:30 a.m. to attend a luncheon and meeting at the Washington County Health Department with the Advisory Commission to the Board of Health. CONVENE SITTING AS THE BOARD OF HEALTH Motion made by Commissioner Schnebly, seconded by Swartz, to convene as the Board of Health at 12:00 p.m. Unanimously approved. Separate minutes will be kept of this session. The Commissioners adjourned as the Board of Health at 1:25 p.m. AFTERNOON SESSION The afternoon session was called to order at 1:45 p.m. by the President, Gregory I. Snook, with the following members present: Vice President Paul L. Swartz, and Commissioners Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell. PROPERTY DEDICATION - HOPEWELL VALLEY LINEAR PARK Robert Arch, Director of Planning & Community Development, introduced Jeff Camp, representing Tiger Development (Tiger). He informed the Commissioners that Tiger has agreed to dedicate property for the development of a linear park. Although the majority of the area runs through the property owned by Tiger, the park would require the dedication of property from CHIEF and other properties in the area. Mr. Arch indicated that the concept is to acquire the properties through the dedication of rights-of-way as the properties develop, with construction of the trail to be completed by the County with sponsorship from the corporate entities in the area. He stated that the proposed park would be approximately 1.6 miles long and would primarily be used as a walking trail with picnic tables and benches for a passive recreational area. Mr. Arch stated that the area anticipated for DECEMBER 15, 1998 PAGE THREE the park property consists mainly of flood plain areas planted to mitigate forest conservation responsibilities. Mr. Arch stated that the Planning Commission and Recreation and Parks Board have expressed their support of this program. Motion made by Iseminger, seconded by Swartz, to accept the offer of dedication of property by Tiger Development for the development of a linear park to be known as the Hopewell Valley Linear Park as presented by the Planning Department. Unanimously approved.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator informed the Commissioners that the Solid Waste Department will be offering a free Christmas tree drop-off program  again this year. He reminded them of the employees pot luck luncheon is planned for Thursday from 12:00 -2:00 p.m. Mr. Shoop stated that the ribbon-cutting scheduled for December 23 at the Bowman facility has been rescheduled for January 12. He informed the Commissioners that the annual Leadership Hagerstown breakfast has been scheduled for February 1 at 8:30 a.m. REAPPOINTMENT - WATER & SEWER ADVISORY COMMISSION Motion made by Commissioner Schnebly, seconded by Iseminger, to reappoint Gordon Crabb to the Water & Sewer Advisory Commission for a three-year term. Unanimously approved. APPOINTMENT - WASHINGTON COUNTY HOUSING AUTHORITY Motion made by Commissioner Schnebly, seconded by Iseminger, to appoint C. Lee Butts, Jr. to the Washington County Housing Authority to fill the unexpired term of Richard Kittle which expires on August 1, 2002. Unanimously approved. APPOINTMENT - AREA AGENCY ON AGING Motion made by Commissioner Swartz, seconded by Iseminger, to appoint John Costopoulos to the Area Agency on Aging to fill the unexpired term of Wanda Allenback which expires January 31, 2001. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Swartz, seconded by Schnebly, to convene in closed session at 2:10 p.m. to consult with counsel to obtain legal advice, and to consider businesses relocating to Washington County in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Iseminger, seconded by Schnebly, to reconvene in open session at 4:09 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on three (3) issues regarding a developer agreement, settlement of current litigation, and a status report of current litigation and considered two (2) proposals for businesses or industrial organizations to locate, expand, or remain in the State. Present during closed session were Commissioners Gregory I. Snook, Paul L. Swartz, Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell. Also present were Rodney Shoop, County Administrator; Richard Douglas, County Attorney; Beth Evans, Assistant County Attorney; Joni Bittner, County Clerk; Robert Arch, Director of Planning and Community Development; Gary Rohrer, Director of Public Works; Debra Bastian, Director of Finance; Gregory Murray, Director of the Water & Sewer Department; John Howard, Director of the Economic Development Commission; Timothy Troxell, Assistant Director of the Economic Development Commission; and Thomas Riford, Marketing Specialist. APPROVAL OF DEVELOPER AGREEMENT - CROWN AMERICAN Motion made by Schnebly, seconded by Swartz, to approve an agreement with Crown American contingent upon a decision of the Chief Engineer that the traffic study submitted by Crown American does not identify additional areas which are inadequate and must be improved in order to comply with the Adequate Public Facilities Ordinance. Unanimously approved. SETTLEMENT AGREEMENT - SAMUEL AND EVELYN DIXON Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the settlement agreement with Samuel and Evelyn Dixon presented by the Assistant County whereby the County and the Dixons agree to execute: 1) a Stipulation of Dismissal for the civil lawsuit filed in the Circuit Court, 2) a Confirmatory Easement for the purpose of granting an express easement over the real property improved by the drainage swale as such swale has been located by post-construction field work performed by the County, and 3) a release. The County agreed to pay the Dixons $20,000 in the settlement agreement. Unanimously approved. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Swartz, to adjourn at 4:15 p.m. Unanimously approved. At this time the Commissioners attended the presentation of a market, financial, and economic impact analysis related to a proposed Class A ballpark in Hagerstown, prepared by Conventions, Sports and Leisure DECEMBER 15, 1998 PAGE FOUR  International, which was held at Frostburg State Universitys Hagerstown Center. The study was commissioned by the City of Hagerstown. County Administrator County Attorney , Clerk December 15, 1998 Board of Health Minutes The Board of County Commissioners of Washington County convened at 12:00 p.m. sitting as the Board of Health at the Washington County Health Department with Commissioners Gregory I. Snook, President; Paul L. Swartz, Vice President; Bertrand L. Iseminger, John L. Schnebly; and William J. Wivell present. Also present were members of the Advisory Commission to the Board of Health; Dr. Robert Parker, Health Officer; and members of the Health Department staff. Dr. Parker welcomed the new Commissioners and introduced members of the Advisory Commission to the Board of Health and staff members. He provided a progress report and overview of the programs and services provided by the Health Department. Orientation Program Dr. Parker reviewed the organizational chart for the Health Department, its mission statement, and a copy of State law pertaining to Boards of Health and Health Officers. He provided a summary of the services for each department and information containing more detailed information for them to review if they desire. Dr. Parker informed the Commissioners that 56% of the Health Department budget is funded through State/Federal funds, 26% local funds, and 18% through collections for a total budget of $11,124,252. Program Presentations At this time, each division director presented a brief overview of the programs administered by their staff. Semi-Annual Update - Advisory Commission to the Board of Health Jack Costa, Chairperson of the Advisory Commission to the Board of Health, and Dr. Parker provided information on the activities of the Health Department and the Advisory Commission since its last meeting with the Commissioners. Dr. Parker gave an update on implementation of the new  childrens health insurance program, the HealthChoice managed care program for senior citizens, the immunization campaign, the adolescent health needs project, and expansion of the dental services program. Dr. Parker also provided information on expanded air quality services. He indicated that additional data is needed to determine the extent of lead poisoning cases in the County. Dr. Parker discussed the recent complaint alleging inappropriate billing procedures used by the Addictions Division. He explained that internal auditors from the Department of Health & Mental Hygiene investigated the complaint and feel that the response and information provided by the Health Department satisfied all areas of concern. Dr. Parker stated that the State is now investigating claims of retaliation against the employee which brought the complaint. He indicated that only one instance of over billing in was found, and it occurred in 1995. At this time, the meting was opened for questions and answers. Dr. Parker explained that the major areas of concern the Advisory Board has identified are substance use, teen-age pregnancies, and mental health issues. The Commissioners adjourned sitting as the Board of Health at 1:25 p.m. County Administrator County Attorney , Clerk December 22, 1998 Hagerstown, Maryland The Commissioners met at Wingrove Manor at 8:30 a.m. to attend a presentation on Core County Services presented by County Administrator, Rodney Shoop. They then toured the new landfill site as well as the Resh sanitary landfill, and the Hagerstown Regional Airport. CONVENE IN CLOSED SESSION Motion made by Commissioner Schnebly, seconded by Swartz, to convene in closed session at 1:50 p.m. to consult with counsel to obtain legal advice, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Swartz, seconded by Schnebly, to reconvene in open session at 3:30 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on two (2) issues. Present during closed session were Commissioners Gregory I. Snook, Paul L. Swartz, Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell. Also present were Rodney Shoop, County Administrator; Richard Douglas, County Attorney; Joyce Wyckoff, Executive Administrative Assistant; Robert Arch, Director of Planning and Community Development; Gary Rohrer, Director of Public Works; Terry McGee, Chief Engineer; Alan Davis, Director of Human Resources; Greg Murray, Director of the Water & Sewer Department; Robert Davenport, Director of Solid Waste Management; Kevin Cerrone, Transit Supervisor; Greg Pennsinger, Roads Department Safety Supervisor; J. Theodore Wolford, Superintendent of the Transportation Department, and James Sterling, Assistant Superintendent. BUDGET WORKSHOP The Commissioners then convened in a workshop session to review the long- range budget and revenue projections for the County. Debra Bastian, Director of Finance, provided a financial overview and presentation. ADJOURNMENT Motion made by Commissioner Iseminger, seconded by Swartz, to adjourn at 5:16 p.m. Unanimously approved. County Administrator County Attorney , Clerk