Loading...
HomeMy WebLinkAbout010925September 24, 2001 Hagerstown, Maryland JOINT PUBLIC HEARING - RZ-01-005 A joint public hearing of the Board of County Commissioners of Washington County and the Washington County Planning Commission was convened in Court Room #1 at 7:00 p.m. to hear testimony and receive evidence in text amendment case RZ-01-005. Presiding at the hearing were County Commissioners President Gregory I. Snook and Planning Commission Chair Paula Lampton. Also present at the hearing were County Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. Planning Commission members Donald Ardinger, Tim Henry, George Anikis and Ben Clopper were also in attendance. After presentations and public testimony were heard, it was announced that the record would remain open for ten (10) days to allow additional evidence to be submitted in writing. The public hearing was adjourned at 7:10 p.m. County Administrator County Attorney September 25, 2001 Hagerstown, Maryland The regular meeting of the Board Washington County, Maryland, was President Gregory I. Snook with Bertrand L. Iseminger, Jr., John Wivell. Clerk of County Commissioners of called to order at 1:19 p.m. by the following members present: L. Schnebly, and William J. CONVENE IN CLOSED SESSION Motion made by Commissioner Iseminger, seconded by Wivell, to convene in closed session at 1:19 p.m. to discuss personnel matters, consult with counsel to obtain legal advice, and to discuss matters directly related to a negotiating strategy or the contents of a bid or proposal, 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 Schnebly, seconded by Iseminger, to reconvene in open session at 2:40 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter, consulted with counsel to obtain legal advice on one (1) issue, and discussed one (1) matter directly related to a negotiating strategy or the contents of a bid or proposal. Present during closed session were Commissioners Gregory I. Snook, Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. Also present at various times were Rodney Shoop, County Administrator; Richard Douglas, County Attorney; Joni Bittner, County Clerk; Alan Davis, Director of Human Resources; Debra Bastian, Director of Finance; and Greg Murray, Director of the Water & Sewer Department. STATUS REPORT — ANIMAL CONTROL ORDINANCE Richard Douglas, County Attorney; Dana Moylan, counsel for the Humane Society; and Tracey Bowman, President of the Humane Society, met with the Commissioners to provide an update on several issues involving the Humane Society. Ms. Moylan and Ms. Bowman gave a status report on the construction of the new facility. Ms. Bowman stated that they are projecting that the opening will take place on November 2. She also informed the Commissioners that the total amount of the change orders to date is $6,197 with one pending for $2,350. Maria Procopio, Humane Society Director, addressed the Commissioners in regard to the increase in animal removal service fees. She provided information on the additional costs incurred in the FY 2001 budget year and the estimated costs for FY 2002. She stated that she is researching the matter in an effort to lower the costs. Ms. Procopio requested that SEPTEMBER 25, 2001 PAGE TWO the Commissioners compensate the Humane Society for the additional costs incurred in the FY 2001 budget by funding $4,722 (700) and $5,434 of the estimated overrun for FY 2002. Ms. Moylan indicated that there are no provisions in the contract with the County to adjust the funding once it has been established. After discussion, the Board asked Debra Bastian, Director of Finance, to review the Humane Society's year-end financial report and Richard Douglas, County Attorney, to review the County's agreement with them. They also asked that staff review the Humane Society's budget on quarterly basis. Mr. Douglas provided a six-month status report on the Animal Control Ordinance. He informed them that the Animal Control Authority has had two meetings and is scheduled to meet again on October 4 to finalize forms and procedures. Mr. Douglas stated that the first public hearing would be held on October 24 and that there are a number of cases being scheduled. He indicated that they are working closely with Paul Prodonovich, Zoning Administrator, on licensing and zoning issues. Mr. Douglas asked the Commissioners to request the local Delegation to the General Assembly to introduce an amendment to the enabling law to allow the imposition of criminal penalties. This would return the criminal enforcement provisions that were in the previous version of the Animal Control Ordinance and would be comparable to other County laws and ordinances, most of which have similar provisions. He stated that the Delegation denied this request during the last session. The Board asked that the Animal Control Authority provide a letter of support for this request. Ms. Procopio also spoke in support of the recommendation. Mr. Douglas informed the Commissioners that the Ordinance has been adopted in all of the smaller municipalities with the exception of Sharpsburg and that the City of Hagerstown has elected to wait to review any amendments made to the document before adopting it. FRENCH LANE FARMHOUSE - CERTIFIED LOCAL GOVERNMENT SUBGRANT CONTRACT Stephen Goodrich, Chief Senior Planner, informed the Commissioners that Washington County is eligible to apply for funding for preservation planning projects because of its Certified Local Government (CLG) status. Mr. Goodrich stated that the proposal this year is for a complete historical and architectural analysis and documentation of the French Lane stone farmhouse as well as an itemized restoration plan and training for the Historic District Commission in the structure's construction and rehabilitation. He indicated that CLG projects are funded on a 60/40 matching basis. The County's 40o share of $4,000 was approved as part of the Historic District Commission's FY 2002 budget. Motion made by Commissioner Schnebly, seconded by Wivell, to approve the Certified Local Government subgrant contract with the Maryland Historical Trust Commission, and to provide the County's 40o matching share of $4,000, to have a complete historical and architectural analysis and documentation completed for the French Lane stone farmhouse, and to provide training for the Historic District. Unanimously approved. PROPOSAL TO INSTITUTE A PROCESS FOR HOTEL RENTAL TAX DISTRIBUTION Robert Arch, Director of Planning & Community Development, presented a proposed application for use in providing funding from proceeds of the hotel rental tax for various projects. He recommended that the Commissioners develop a procedure to provide for applications for funding and processing of the requests. Mr. Arch stated that it would be advertised in the local newspaper that applications are being received as part of the budget process. He recommended that the screening and initial ranking of the applications could be performed by the Planning Department. Mr. Arch stated that the requests would then be reviewed by the Commissioners during the budget adoption process. The Board discussed the proposal and reviewed the draft application. The Commissioners asked for a review of how the hotel rental tax funds have been allocated to date. BID AWARD — ROADWAY RECLAMATION PROJECT CONTRACT Motion made by Commissioner Iseminger, seconded by Wivell, to award the contract for the Reidtown Road, Poffenberger Road and Salem Church Road SEPTEMBER 25, 2001 PAGE THREE roadway reclamation projects to C. William Hetzer, Inc., which submitted the low responsive, responsible bid of $323,156 (Option 3). Motion carried with Commissioners Iseminger, Wivell and Snook voting "AYE" and Commissioner Schnebly "ABSTAINING." Terry McGee, Chief Engineer, stated that he may be able to negotiate to include Washington Monument Road and the Agricultural Education Center Access Road in the current contract. He informed the Commissioners that, if it is possible to have these roads included within the current budget, he would present a change order to them for their approval. BID AWARD - 40 WEST LANDFILL ADMINISTRATION BUILDING Motion made by Commissioner Schnebly, seconded by Iseminger, to award the contract for construction of the 40 West Landfill administration building to GRC General Contractors, Inc., which submitted the low responsive, responsible bid of $218,932. Motion carried with Commissioners Schnebly, Iseminger, and Snook voting "AYE" and Commissioner Wivell voting "NO." UPDATE - PROPOSAL TO ESTABLISH A MEMBER -BASED 501(C) ADJUNCT ORGANIZATION SUPPORTING THE ECONOMIC DEVELOPMENT COMMISSION Jim Pierne and Thomas Newcomer, representing the Economic Development Commission (EDC), presented the results of the report made by National Community Development Services, Inc. (NODS), on the feasibility of establishing a private sector, non-profit corporation to support the EDC. Mr. Pierne reviewed the background and timeline of the study. Mr. Newcomer stated that the interviews revealed the types of jobs desired for the community, opinions on the work of the EDC, and the importance of job retention. He informed the Commissioners that NCDS recommended the following: 1) that the EDC set a feasible funding goal of $2.5 million as a four-year goal; 2) the creation of an "umbrella" organization and an oversight group to address the perceived redundancy with other economic development related organizations; 3) creation of a refinement task force to review the proposed campaign initiatives and four-year estimated costs; and 4) that the campaign be launched in September with the understanding that the actual fundraising will require 10 months to complete. Mr. Pierne stated that they are recommending that the conceptual organizational structure of the umbrella organization include the Chamber of Commerce, CHIEF, PenMar Development Corporation and EDC. He indicated that the first step is to bring these organizations together to work more closely with each other. Mr. Pierne stated that the next step is to continue discussion regarding the creation of a development council and to pursue creation of a 501(c) organization for the purpose of launching a community campaign. He indicated that he would keep the Commissioners informed during the process. The meeting was then opened for discussion and questions. Commissioner Iseminger outlined his concerns about the establishment of a dues -driven 501(c) organization. He indicated that the County Commissioners need to decide if this is the direction they want to take. Commissioner Snook emphasized the need for setting a realistic amount as a funding goal, and Commissioner Schnebly indicated that the Board has doubts that the needed private sector financial commitments can be obtained in order to proceed with the plan. The Commissioners thanked the EDC for the presentation and for time that have put into the study. RECESS The Commissioners recessed at 4:58 p.m. EVENING SESSION - FUNKSTOWN VOLUNTEER FIRE COMPANY The evening session was convened at 7:00 p.m. at the Funkstown Volunteer Fire Company Fire Hall by President Gregory I. Snook with the following members present: Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. SEPTEMBER 25, 2001 PAGE FOUR 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 - SEPTEMBER 11, 2001 Motion made by Commissioner Iseminger, seconded by Wivell, to approve the minutes of the meeting of September 11, 2001, as amended. Unanimously approved. PROCLAMATION - MARYLAND STATE PARKS WEEK Commissioner Snook presented a proclamation to Ralph Young, Manager of Fort Frederick State Park, and Chas Rittenhouse, President of Friends of Fort Frederick, designating the week of September 29 - October 7, 2001 as Maryland State Parks Week and honoring Fort Frederick State Park for the quality outdoor recreation it provides to the people of Washington County, as well as the protection and preservation of natural, historical and cultural resources. Mr. Young and Mr. Rittenhouse thanked the Commissioners for the proclamations and informed them of some of the upcoming events at the Park. COMMISSIONERS' REPORTS & COMMENTS Commissioner Schnebly reported on the annual meeting with Department of Transportation officials and the Associated Builders & Contractors (ABC) legislative meeting. Alan Davis, Director of Human Resources, provided information on the Local Management Board meeting. Rodney Shoop, County Administrator, outlined the new security measures that are in place at the Airport. Commissioner Wivell expressed his concerns about the Board of Education's Capital Improvement Program budget. He stated that he attended the ribbon -cutting ceremony at Halfway Boulevard and I-81. Commissioner Wivell also reported on the ABC legislative meeting and the Board of Social Services meeting. Commissioner Iseminger stated that he attended a recent program sponsored by the Greater Hagerstown Committee. He reported on the Agricultural Education Advisory Board meeting. Commissioner Iseminger informed the Commissioners that he presented a proclamation at the American Junior Golf Association tournament last week. He also reported that he attended the annual Department of Transportation meeting, the joint rezoning hearing, and the Planning Commission workshop on the revised Comprehensive Plan. He stated that he met with a committee dedicated to the creation of a program promoting nutrition, exercise, and healthy lifestyles. Commissioner Snook stated that he received a letter from the American Heart Association that the HeartWalk has been postponed until spring. He reported that the Mass Transit Administration would hold a hearing on October 3 regarding the possibility of adding additional stops in Hagerstown for the MARC buses. Commissioner Snook reminded the Commissioners that the hearing on the Foreign -Trade Zone application is scheduled for October 17. He reported that the Maryland Emergency Management Administration has grant funds available. Commissioner Snook stated that the Attorney General's office informed him that the County would be receiving $2,000 from a settlement involving paper products. He stated that the Western Maryland booth won first prize at the Maryland Association of Counties conference. He read a letter from the Garrett County EDC congratulating the County on their contribution to the exhibit. CITIZENS PARTICIPATION Laura Parrish, representing the National Pike Festival Wagon Train, informed the Commissioners that the festival is scheduled for May 18-19, 2002 and asked that the County support the event by providing law enforcement, insurance coverage, and a small amount of copy services and postage. Motion made by Commissioner Wivell, seconded by Iseminger, to approve up to $700 from the Commissioners Contingency to pay for overtime for SEPTEMBER 25, 2001 PAGE FIVE Sheriff's Department deputies for the National Pike Festival on May 18-19, 2002. Unanimously approved. Bill Unger expressed concerns that school buses will not travel on Republican Avenue because of the inadequacy of the road width and sight distance. Mr. Under discussed several possible options for improving the road with the Commissioners. Gary Rohrer, Director of Public Works, informed the Commissioners that one of the intersections that would need to be improved is under the jurisdiction of the State Highway Administration. He explained that the property owner at the intersection at the other end of the road is not willing to sell a portion of the property to allow the County to make improvements. The Commissioners asked Mr. Rohrer to make an attempt to meet with the property owner again. They also directed him to have this matter placed on the agenda for review by the Transportation Advisory Committee. Lisa Johnson and Tracey Friend also spoke to the Commissioners regarding needed improvements to Republican Avenue to allow the school buses to utilize it. Pam Newhouse, representing the Funkstown Citizens Committee, asked for information on the proposed southern bypass around Funkstown. Commissioner Snook provided an update to Ms. Newhouse. The Commissioners also emphasized the need for State support in funding this project. Citizens' Committee members George Wheelock and Ed Owens also pledged their support and stated that they were willing to assist to help the project move forward. Nancy Baer, representing the Antietam Garden Club, informed the Commissioners that they are planning to rebuild the flower gardens at the Hager House. She stated that the total cost of the project is $500 and the City Parks Department has pledged $200. Ms. Baer asked the Commissioners to provide $300 to finish the project. Commissioner Snook stated that he would contact some private businesses to see if they would donate the additional funds. Denise Troxell asked the Commissioners to consider using proceeds from the hotel rental tax for the renovation of the Antietam Station in Sharpsburg. She stated that she was waiting to make the request until a process was put into place to rank the requests, but was disappointed to learn that the funds for this year have already been committed. She asked that the Commissioners assure that the funds are dispersed equitably among the municipalities in the County. She also asked that the water and sewer billing be waived for the Station as it is not being utilized. Commissioner Snook advised Ms. Troxell that this request should be heard by the Water & Sewer Advisory Commission. REPORTS FROM COUNTY STAFF Debra Bastian, Director of Finance, informed the Commissioners that the auditors should be finished their work this week. She stated that she met with Commissioners Iseminger and Wivell regarding the proposed tax differential module. Alan Davis, Director of Human Resources, stated that he turned the keys to the 911 office over to Joe Kroboth, the new Director of Emergency Services. He stated that the Safety Committee is working to update the accident reporting process. Mr. Davis informed the Commissioners that the Chief Engineer has begun recruiting for the vacancies in the Engineering Department. Gary Rohrer, Director of Public Works, informed the Commissioners that he has met with Terry McGee, Chief Engineer, to revisit the priorities in that department and stated that they will be making recommendations on what projects might be delayed. He stated that Delegate Cas Taylor was a speaker at the County Engineers conference and spoke to them regarding infrastructure issues. Commissioner Snook asked for an update on the overlay project. SEPTEMBER 25, 2001 PAGE SIX Robert Arch, Director of Planning & Community Development, stated that he met with the State Highway Administration's interagency group to discuss the I-81 study. He reported that he met with CHIEF on the need for right-of-way as part of the Halfway Boulevard extension project. Mr. Arch also gave an update on the Program Open Space (POS) conversion of property for the Smithsburg library project. He informed them that the POS staff made an error in the application of the new regulations for funding and that he would make the necessary adjustments. COUNTY ADMINISTRATOR'S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the Casual Day for the Red Cross disaster relief fund raised $2,457 plus a pick-up truck load of dry goods for distribution. He reminded the Commissioners of the meeting with the Greater Hagerstown Committee on Friday. Mr. Shoop reported on the topics discussed at the quarterly staff meeting last week. He also stated that he was the guest speaker at the Hagerstown Lion's Club today. APPOINTMENT - TRANSPORTATION ADVISORY COMMITTEE Motion made by Commissioner Iseminger, seconded by Schnebly, to appoint Joseph Kroboth, III, Emergency Services Director, to the Transportation Advisory Committee (TAC). Unanimously approved. ADJOURNMENT Motion made by Commissioner Schnebly, seconded by Wivell, to adjourn at 8:45 p.m. Unanimously approved. County Administrator County Attorney County Clerk