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HomeMy WebLinkAbout010123January 23, 2001 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, Jr., John L. Schnebly, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Iseminger, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — JANUARY 16, 2001 Motion made by Commissioner Wivell, seconded by Iseminger, to approve the minutes of January 16, 2001, as amended. Unanimously approved. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Swartz reported on the meetings of the Transportation Advisory Committee, the Maryland Theatre Board of Directors, and the Commission on Aging. He stated that he attended the Health Care for All meeting and proposed that the Board endorse the program. Commissioner Swartz informed the Commissioners that the Children's Council has voted to disband and have the Washington County Community Partnership absorb its programs. He also stated that he attended the Hagerstown Suns Fan Club banquet, the Municipal League meeting, and the retirement dinner for former Board of Education member B. Marie Byers. Commissioner Swartz informed the Commissioners that the Recreation Board voted to approve the Program Open Space application. He also stated that he taped a segment for the League of Women Voters radio program. Commissioner Schnebly reported that the draft report of the School Facilities Review Committee would be presented at next combined meeting with the Board of Education. He stated that the Airport Commission would continue to lobby the State to include money in its Capital Improvement Program for the runway extension at the Airport. Commissioner Iseminger reported that he met with the Washington County Volunteer Fire & Rescue Association regarding a violation by Smithsburg Emergency Services of a directive of the Association regarding its purchase of a new piece of equipment. He also attended the Agricultural Education Center Board meeting. Commissioner Wivell informed the Commissioners that he attended the reception honoring Smithsburg Elementary School as a Blue Ribbon School. He stated that he attended meetings of the Municipal League and the Smithsburg Library Board of Directors. Commissioner Wivell stated that he also attended the inauguration ceremony for President George W. Bush. Commissioner Snook distributed correspondence he received regarding volunteerism in the State and a State bond issue. He informed the Commissioners that Sharpsburg Fire Company and the Sharpsburg Emergency Services have begun discussions of a possible merger of the two companies. Commissioner Snook stated that he has been continuing to meet with several developers on Sharpsburg Pike to resolve issues. REPORTS FROM COUNTY STAFF Debra Bastian, Director of Finance, reported that she has been working on the Capital Improvement Program budget. Alan Davis, Human Resources Director, informed the Commissioners that he has been reviewing health insurance bids and scheduling interviews for the Recreation Director position. Robert Arch, Director of Planning & Community Development, informed the Commissioners that the Recreation Board approved submission of the Program Open Space application to the State. He stated that he attended a meeting held by the Maryland Office of Planning for a presentation of new programs being promoted by Governor Glendening. JANUARY 23, 2001 PAGE TWO Gary Rohrer, Public Works Director, informed the Commissioners that he is assisting Hagerstown Community College in their selection of an architect for the administration building. He indicated that the Street Acceptance Policy would be scheduled for presentation in the near future. Ted Wolford, Superintendent of the Highway Department, provided an update on the snow removal budget. He stated that 70-800 of the funds have been expended and that he would be ordering additional materials today. PRESENTATION OF IDEA AWARD - JOE KROBOTH III Rodney Shoop, County Administrator, presented a certificate of merit to Joe Kroboth III, Deputy Chief Engineer, as the recipient of the Innovative, Dedicated Employee Award (IDEA) for the quarter. Mr. Shoop stated that Mr. Kroboth was nominated by co-worker, Mark Stransky, and by Public Works Director Gary Rohrer. Mr. Rohrer commended Mr. Kroboth in his nomination for doing a stellar job of delivering the Forty West Landfill project on time. He stated that this was one of the most critical County projects in nearly a decade and that Mr. Kroboth worked tirelessly to address every issue of concern. Mr. Kroboth was also commended for completing his Bachelor of Science Degree in Civil Engineering at the University of Maryland and becoming a Registered Professional Engineer while working on this project. Mr. Stransky stated in his nomination that Mr. Kroboth has accepted a workload beyond what would normally be expected and is an indispensable member of the Engineering staff. As recipient of the award, Mr. Shoop presented him with a $500 check and an additional personal day. Mr. Kroboth thanked the Commissioners for the award. USS COLE MEMORIAL PLAQUE James Sprechner and Ray Linebaugh, representing the Joint Veterans Council of Washington County, appeared before the Board to request approval to place a plaque at the Veterans Wall in the Marty Snook Park in honor of Seaman Craig B. Wibberley and Fireman Patrick Roy, who lost their lives in the bombing of the USS Cole. Both of the young men were residents of Washington County. Mr. Sprecher displayed the proposed design of the plaque for consideration. He stated that the cost of the plaque and installation is $1,180. Mr. Linebaugh recommended that it be presented at Memorial Day ceremonies. The Commissioners discussed the request and agreed to fund the plaque. They asked Mr. Sprecher to ensure that it is in concert with the wishes of the families. Motion made by Commissioner Schnebly, seconded by Swartz, to approve the request made by the Joint Veterans Council of Washington County to place a plaque in honor of Seaman Craig B. Wibberley and Fireman Patrick Roy at the Veterans Wall in the Marty Snook Park and to provide funding for it from the Commissioners' Contingency Fund. Unanimously approved. BID AWARD - INDUSTRIAL EQUIPMENT FOR THE HIGHWAY DEPARTMENT Motion made by Commissioner Swartz, seconded by Wivell, to award the contract for three (3) large chemical and material spreaders to Chemung Supply Corp. which submitted the lowest responsive, responsible bid meeting specifications of $8,499 (each) or $25,497 (3). Unanimously approved. PUBLIC HEARING - ANIMAL CONTROL ORDINANCE REVISIONS The Commissioners convened a public hearing at 10:00 a.m. to hear comments regarding the proposed amendments to the Animal Control Ordinance that were originally adopted in 1990. Richard Douglas, County Attorney, stated that earlier public hearings was held on January 19, 1999, and January 18, 2000, and that the revisions have also been discussed at three public meetings. Mr. Douglas reviewed the major revisions which address certain deficiencies in the present ordinance: 1) The Animal Control Authority would now be a quasi-judicial body similar to the Board of Zoning Appeals, to hearing animal complaints filed by citizens or citations filed by animal control officers. 2) The Ordinance clarifies the regulation of kennels. 3) The amendments clarify the classification of "vicious and dangerous animals" and "animals at large," providing enforcement authority to the Agency to allow it to properly protect the public from these animals. 4) Farm Animals are exempt from JANUARY 23, 2001 PAGE THREE the Ordinance except for provisions dealing with cruelty, licensing, and animals at large. 5) Adds a definition for "farm animal," combining language suggested by the Farm Bureau with a definition from an earlier draft. 6) Provisions for licensing of cats and catteries have been deleted from the ordinance due to lack of authority in the enabling law to regulate them. 7) Amendments have been made to the animal control provisions of the Zoning Ordinance and will be ready to present to the Board for adoption in the near future. 8) Provisions for criminal penalties have not been included in the Ordinance due to lack of authority in the enabling law. A request to add authority for the imposition of criminal penalties along with other changes to the law, was made a part of the legislative agenda. Mr. Douglas reviewed the proposed ordinance. After discussion and questions of the revisions by the Commissioners, the hearing was opened for public comment. Concerns were expressed with regard to the need for a public information program, kennel licenses, the amounts of civil monetary penalties, and rabies testing. Several citizens voiced their support for the proposed changes and adoption of a revised ordinance. Steve Ernst and Priscilla Harsh, representing the Washington County Farm Bureau, voiced their support for the proposed Ordinance. After all comments were heard, Commissioner Snook stated that the Commissioners would be making a decision at next week's meeting. The hearing was closed at 12:08 p.m. CITIZENS PARTICIPATION Mary Duran voiced concerns regarding parking violations on Bentwood Drive. She suggested that guardrails be placed in the area. The Commissioners asked that she meet with appropriate staff members to resolve the issue. Jim Stone, local attorney, appeared before the Commissioners on behalf of County Medical Transport. He stated that there could be a problem with volunteer emergency service companies that are providing non- emergency transports. He stated that he understands the reasons for it but that it could jeopardize the availability of emergency response units. Robert Harsh, owner of County Medical Transport, indicated that there are issues that he needs to resolve with the Washington County Hospital and how they handle the transportation of patients. Commissioner Snook recommended that they ask the Washington County Volunteer Fire & Rescue Association to take a formal position on this issue. Michael Nye, Interim Director of Community Rescue Service, supported Mr. Harsh's claim and said that rescue companies might seek assistance from the County for financing of additional ambulances for non -emergency transport. RECESS - LUNCH The Commissioners recessed at 12:15 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:15 p.m. by President Gregory I. Snook, with the following members present: Vice President Paul L. Swartz and Commissioners John L. Schnebly, Bertrand L. Iseminger, and William J. Wivell. CONVENE IN CLOSED SESSION Motion made by Commissioner Iseminger, seconded by Wivell, to convene in closed session at 1:15 p.m. to discuss personnel issues, to consult with counsel to obtain legal advice, and to discuss a proposal for a business or industrial organization to locate, expand, or remain in the State, all 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 3:00 p.m. Unanimously approved. JANUARY 23, 2001 PAGE FOUR In closed session, the Commissioners discussed one (1) personnel issue, consulted with counsel to obtain legal advice on two (2) issues, and discussed one (1) proposal for a business or industrial organization to locate, expand, or remain in the State. Present during closed session were Commissioners Gregory I. Snook, Paul L. Swartz, Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. Also present at various times were Rodney Shoop, County Administrator; Joni Bittner, County Clerk; John Martirano, Assistant County Attorney; Tim Troxell, Assistant Director of the Economic Development Commission; James LaFleur, Executive Director of PenMar Development Corporation (PMDC); Steve Hull and Mack Davis, members of PMDC Board of Directors; Eileen Kerslake, Edward Shimanski, and Barry Malonis, PMDC staff; Robert Kresslein, Joan Calambokidis, and Joseph Poveromo, representing International Masonry Institute; Terrence McGee, Chief Engineer; Greg Murray, Director of the Water & Sewer Department; Paul Prodonovich, Director of Permits & Inspections; Robert Arch; Director of Planning & Community Development; Alan Davis, Director of Human Resources; Brian Overcash, Safety Coordinator; and Karen Luther, Purchasing Agent. SCRAP TIRE RECYCLING AMNESTY DAY PROJECT Motion made by Commissioner Schnebly, seconded by Iseminger, to approve an intergovernmental agreement with Maryland Environmental Service for implementation of a 2001 Amnesty Day event to provide a responsible disposal alternative free of charge for County homeowners who have accumulated a small number of scrap tires prior to the adoption of the Maryland scrap tire law. Unanimously approved. Motion made by Commissioner Swartz, seconded by Schnebly, to adjourn at 3:02 p.m. Unanimously approved. County Administrator County Attorney County Clerk