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HomeMy WebLinkAbout020402 April 2, 2002 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 Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Schnebly reported on the Municipal League meeting. He stated that he met with Debbie Turpin of the Homebuilders Association regarding their concerns about the new stormwater management ordinance. Commissioner Schnebly also reported on the meeting of the Airport Advisory Commission. Commissioner Swartz reported on the meetings of the Transportation Advisory Committee and the Maryland Theatre Board. He reminded the Commissioners that the retirement “roast” for Dr. Norman Shea, President of Hagerstown Community College, is scheduled for April 5. Commissioner Swartz informed the Commissioners that the kick-off activities of the Wellness Committee are scheduled for April 27. Commissioner Wivell reported on the meetings of the Board of Education’s Management Review Team and the Maryland Association of Counties legislative committee. Commissioner Iseminger asked the Commissioners to proclaim April 11, 2002 as “Faith and Tolerance Day” in Washington County to coincide with the seminar that will be held at Hagerstown Community College that day. He also reported on the meeting of the Public Golf Corporation Board of Directors. Commissioner Snook informed the Commissioners that he received a letter from the Department of Transportation supporting grant funding for the Civil War Driving Tour project. He stated that the Department of Natural Resources has approved the Boonsboro track project as well as playground equipment for Snook Park. The Board of Public Works also approved the Program Open Space project at the Agricultural Education Center. Commissioner Snook stated that he attended the State Fire Chiefs’ meeting. He informed the Commissioners that the Maryland Transit Administration has scheduled a public hearing on April 22 regarding commuter bus service to Shady Grove. The Commissioners discussed a letter they received from Catherine Kershner requesting a letter of support for her application to the Maryland Historical Trust. They agreed to forward the request to the Historic District Commission for comment. The Commissioners also discussed the request made by the Williamsport Ambulance Service to waive the policy prohibiting games of chance at the Agricultural Education Center during their scheduled carnival at that location. After discussion, the Commissioners asked the staff to determine what is permitted under the lease with the State. REPORTS FROM COUNTY STAFF Robert Arch, Director of Planning & Community Development, informed the Commissioners that the Planning Commission would be scheduling its presentation of the draft revised Comprehensive Plan to the Commissioners later this month. He stated that the next Metropolitan Planning Organization meeting is scheduled for April 17. Mr. Arch informed the Commissioners that the Rural Heritage Museum would be holding an open house on April 13 and 14. He also indicated that the information on the conversion of the Ditto Knolls property has been sent to the Department of Natural Resources for approval. Joe Kroboth, Emergency Services Director, stated that he submitted a request to the Maryland Emergency Management Administration for a portion of the grant it received for weapons of mass destruction preparedness. He informed the Commissioners that he received a copy of the business APRIL 2, 2002 PAGE TWO plan for Community Rescue Service. Mr. Kroboth reported that the Emergency Numbers System Board toured the County’s 911 center last week. Gary Rohrer, Director of Public Works, informed the Board that the Solid Waste Department is moving into its new office facility this week. He stated that the Purchasing Department would be moving to the third floor next Thursday. Mr. Rohrer reported on the meeting he attended last week on the Interstate 81 corridor study. He informed the Commissioners that “Children at Play” signs are no longer being installed or replaced if they become damaged. Mr. Rohrer stated that he has gotten no response from CSX Railroad regarding complaints of trains being “parked” on tracks behind a residential neighborhood. Alan Davis, Director of Human Resources, informed the Commissioners that the pre-proposal meeting on the vision plan was held on March 28, and the physician and drug testing service proposals would be out April 4. APPROVAL OF MINUTES – MARCH 11, 12, 19, & 21, 2002 Motion made by Commissioner Iseminger, seconded by Wivell, to approve the minutes of March 11, 12, 19, and 21, 2002, as . amended. Unanimously approved PROCLAMATION – FAIR HOUSING AWARENESS MONTH Commissioner Wivell presented Pat McMillian, Director of the Community Housing Resource Board (CHRB), and R. Lee Downey, President of the Board of Directors of CHRB, with a proclamation designating April 2002 as Fair Housing Awareness Month in Washington County and commending this observance to all citizens. Ms. McMillian thanked the Commissioners for the proclamation, and she and Mr. Downey provided information on their programs and activities. CITIZEN OF THE MONTH AWARD – JAMES WINTERS The Commissioners honored Jim Winters as the Citizen of the Month for March 2002 and presented him with a certificate for his work at South Hagerstown High School and his volunteer contributions to the athletic department by raising funds, mowing grass and helping with maintenance projects. Commissioner Schnebly presented the award to Mr. Winters and thanked him for being an indispensable asset to the SHHS athletic department and student community. Mr. Winters thanked the Commissioners for this honor. BUDGET PRESENTATION - HAGERSTOWN COMMUNITY COLLEGE Dr. Norman Shea, President of Hagerstown Community College (HCC), and William Reuter, Chairman of the HCC Board of Trustees, met with the Commissioners to present the fiscal year 2003 budget request for a County appropriation of $4,922,771. Also in attendance were HCC Board of Trustees members Carolyn Brooks, Merle Elliott, and Florence Murdock. Mr. Reuter reviewed the increases in tuition that will become effective this year. He also reviewed the projected revenues, expenditures, and personnel costs for FY 2003. Mr. Reuter and staff then answered questions from the Commissioners on the request. Commissioner Snook thanked Dr. Shea for his 16 years of service with HCC and wished him the best of luck with his retirement. RESOLUTION DESIGNATING AUTHORIZED REPRESENTATIVE – ENVIRONMENTAL PROTECTION AGENCY Motion made by Commissioner Wivell, seconded by Iseminger, to approve the resolution authorizing Gregory I. Snook, President of the Board of County Commissioners, as the authorized representative of the governing body to transact and execute any and all documents necessary to secure funds from the Environmental Protection Agency for the biological nutrient removal (BNR) project. Unanimously approved. PUBLIC HEARING – WATER & SEWER RATES - FISCAL YEAR 2003 A public hearing to consider the proposed rates for water and sewer service for FY 2003 was called to order at 10:04 a.m. Greg Murray, Director of the Water and Sewer Department, reviewed the recommendation for a two-percent sewer revenue increase. He stated that the average APRIL 2, 2002 PAGE THREE residential customer would pay $1.38 more per quarter. The only option presented for the water fund was a zero percent increase in water rates. The Commissioners discussed the recommendations and options presented. The hearing was then opened for public comment. There was no one present who wished to comment. Commissioner Snook stated that the record would be held open for ten (10) days in order to receive any written comments. The public hearing was adjourned at 10:20 a.m. CITIZENS PARTICIPATION Norma Heaton stated that the supplemental findings of fact with regard to compatibility in the H.B. Mellott rezoning case do not represent a complete picture. Ms. Heaton reviewed the sections of the findings and presented her concerns. She asked that the Commissioners delay making a decision until further studies have been completed. Laura Wright informed the Commissioners that a new Beaver Creek Watershed Association is being formed in an attempt to restore the creek to a pristine condition. Ron Bowers and Dr. Shahab Siddiqui invited the Commissioners to an interfaith conference on “Faith and Tolerance” that is being held at Hagerstown Community College on April 11. The Board informed them that they are having a proclamation prepared for the event designating April 11 as a day of faith and tolerance in Washington County. BUDGET DISCUSSIONS – FY 2003 GENERAL FUND BUDGET The Commissioners conducted a budget workshop to review a draft of the Fiscal Year 2003 General Fund budget. Debra Bastian, Director of Finance, stated that she reviewed a summary of the changes made to date. The Commissioners reviewed and discussed the proposed operating budget. They also reviewed the budget requests for the non-profit agencies. Ms. Bastian stated that the current budgeted shortfall is $191,708 after the adjustments were made at the last meeting. After discussion, it was the consensus of the Commissioners to reduce the funding to the non- profit agencies by three percent, with the exception of the Washington County Free Library and the Humane Society. The Commissioners also agreed to fund the substation of the Volunteer Fire Company of Halfway in the amount of $20,000. The Commissioners then reviewed the operational budgets of County departments. Ms. Bastian stated that the last budget session prior to the public hearing would be held on April 16. RECESS – LUNCHEON & TOUR OF HIGHAY DEPARTMENT’S NEW EASTERN SECTION SHOP The Commissioners recessed at 11:29 a.m. to attend a luncheon and tour of the new Eastern Section shop facility near Smithsburg. AFTERNOON SESSION The afternoon session was called to order at 1:33 p.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. MELLOTT QUARY REZONING APPEAL REMAND Richard Douglas, County Attorney, stated that the Court of Special Appeals of Maryland has remanded the H.B. Mellott Estate rezoning case to the Board of County Commissioners “for sufficient findings of fact and reasonably articulated conclusions regarding compatibility.” He explained that the Court essentially upheld the action of the Board granting the rezoning to an Industrial Mineral floating zone, with conditions, but decided that the record needed additional support for one element of the decision, that of compatibility. Mr. Douglas then provided supplemental findings of fact and articulation of reasons in support of the finding of compatibility for the Commissioners’ review. He asked that the additional findings of fact be incorporated with the original findings and be adopted as part of the proceedings. The Commissioners then discussed the decision. Motion made by Commissioner Iseminger, seconded by Schnebly, to adopt the Supplemental Findings of Fact and Articulation of Reasons in Support of APRIL 2, 2002 PAGE FOUR Findings of Compatibility, as amended. Motion carried with Commissioners Iseminger, Schnebly, and Snook voting “AYE” and Commissioners Swartz and Wivell voting “NO.” (A Copy of the Supplemental Findings is attached.) RESOLUTIONS FOR ENFORCEMENT OF THE STORMWATER MANAGEMENT ORDINANCE IN MUNICIPALITIES Motion made by Commissioner Schnebly, seconded by Iseminger, to approve resolutions for enforcement of the Stormwater Management Ordinance in the Towns of Boonsboro, Clear Spring, Funkstown, Hancock, Keedysville, Smithsburg, and Williamsport, pursuant to Maryland Code, Article 23A, Section 2B. Unanimously approved. ADULT COMMUNITY SERVICE WEEKEND WORK CREW GRANT Motion made by Commissioner Swartz, seconded by Schnebly, to approve the grant application for the Washington County Adult Community Service Weekend Work Crew in the amount of $25,000. Unanimously approved. AWARD – HOTSPOTS NEIGHBORHOOD OPPORTUNITY FUNDS Motion made by Commissioner Iseminger, seconded by Swartz, to approve the award of $38,858.33 in HotSpots Neighborhoods Opportunity Funds, as recommended by the Washington County Community Partnership for Children and Families, inside the Hotspots community to the following agencies: Ballet And All That Jazz Dancers - $419.19; Bethel Gardens (Each One Teach One”) - $2,725.20; Boys and Girls Club of Washington County - $5,000; Broadway North Neighborhoods First - $3,356; Camp Challenge Ministries, Inc. - $5,000; Department of Juvenile Justice of Washington County - $4,517; Fountaindale Elementary School - $3,205.52; Girls, Inc. of Washington County - $2,631 (“Swimming Shapes Young Lives”); Girls, Inc. of Washington County - $2,446 (“Divas on Ice”); Head Start of Washington County - $3,600(contractual services for at-risk children); Head Start of Washington County - $1,000 (enrollment campaign); Otterbein United Methodist Church - $2,013; West End Against Trouble, Crime and Harassment - $1,595 (recruitment/support volunteers); and West End Against Trouble, Crime and Harassment - $1,350 (National Night Out). Unanimously approved. HOTEL RENTAL TAX DISCRETIONARY FUNDS DISTRIBUTION Robert Arch, Director of Planning & Community Development, met with the Commissioners to review the requests for funding and the distribution of the FY 2003 hotel rental tax funds as discussed at the meeting on March 21, 2002. Motion made by Commissioner Schnebly, seconded by Wivell, to approve the following distribution of the FY 2003 hotel rental tax special fund proceeds: Economic Development Commission - th $300,000; Civil War Event (140 re-enactment) - $25,000, Hagerstown Model Railroad Museum, Inc. (Antietam Station project) - $25,000, Washington County Free Library - $10,000 each for the new Boonsboro and Smithsburg branch libraries, Hagerstown Soccer Club, Inc. - $10,000 (site improvements to the soccer complex), Corporation of Keedysville - $7,500 (Civil War trail head marker), Western Maryland Heritage Foundation - $5,000 (renovations to South Mountain Interpretive Center), th Friends of Fort Frederick, Inc. - $5,000 (250 anniversary celebration), Sharpsburg Heritage Festival Committee - $4,000 (special event), Cumberland Valley Athletic Club - $3,500 (JFK 50-Mile Run), Antietam Velo Club, Inc. - $3,000 (Maryland Cycling Championship series events), Rohrersville Ruritan Club - $2,500 (playground equipment for the town park), City of Hagerstown - $5,000 (Sister City Program), Clear Spring Garden Club, Inc. - $300 (“Christmas in Clear Spring”), and to reserve $150,000 to promote one major economic development project. Unanimously approved. APPROVAL OF DROUGHT RELIEF MEASURES Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the utilization of the housing rehabilitation loan fund to make grants available for drought relief measures and provide up to $500 per household for water conservation and consumption efforts to a maximum of $10,000 and to provide for the cost of drilling expenses only (electrical and plumbing expenses excluded) for new farm wells in the event that the APRIL 2, 2002 PAGE FIVE United Stated Department of Agriculture is unsuccessful in obtaining additional funds, to a maximum of $40,000. Unanimously approved. REQUEST FOR RESCUE SQUAD STATUS – SMITHSBURG VOLUNTEER FIRE COMPANY Joe Kroboth, Director of Emergency Services, and Jason Baer, President of the Washington County Volunteer Fire & Rescue Association (WCVFRA), met with the Commissioners to present the recommendation of the WCVFRA regarding the provision of rescue squad service to the Smithsburg area. Mr. Kroboth stated that the WCVFRA has recommended that right to provide the service be granted to the Smithsburg Volunteer Fire Company. He explained that the WCVFRA assigned a special committee to review the request. The meeting was then opened for discussion and questions. Commissioner Swartz stated that he supports both Smithsburg Volunteer Fire Company and Smithsburg Emergency Medical Services having rescue squad status and equipment. Glenn Fishack, President of the Smithsburg Volunteer Fire Company, stated that the company has met all criteria and specifications for the rescue squad designation. Motion made by Commissioner Iseminger, seconded by Wivell, to accept the recommendation of the Washington County Volunteer Fire & Rescue Association to grant rescue squad status to the Smithsburg Volunteer Fire Company for provision of these services to the Smithsburg area. Motion carried with Commissioners Iseminger, Wivell, Schnebly and Snook voting “AYE” and Commissioner Swartz voting “NO.” CONVENE IN CLOSED SESSION Motion made by Commissioner Iseminger, seconded by Schnebly, to convene in closed session at 3:23 p.m. to discuss personnel matters, to consult with counsel to obtain legal advice, and to discuss the acquisition of real property for a public purpose, 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 Wivell, seconded by Swartz, to reconvene in open session at 5:15 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter, consulted with counsel to obtain legal advice on two (2) matters, and discussed the acquisition of real property for a public purpose. 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; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Alan Davis, Director of Human Resources; Mary Jane Ewing, Human Management Solutions; Debra Bastian, Director of Finance; Carolyn Motz, Airport Manager, Phil Ridenour, Special Operations Administrator; Ed Rakowski, Operations Manager; Greg Larsen, Business Development Manager for the Hagerstown Regional Airport; and Stephen Pearl and Dr. Norman Shea, members of the Airport Advisory Commission. RECESS The Commissioners recessed at 5:15 p.m. FISCAL YEAR 2003 BOARD OF EDUCATION BUDGET HEARING The evening session was called to order at 7:00 p.m. at the Kepler Theatre at Hagerstown Community College 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. Also present were Board of Education members Edward Forrest, Dori Nipps, Roxanne Ober, Bernadette Wagner, Paul Bailey, Herb Hardin, and Mary Wilfong. Dr. Elizabeth Morgan, Superintendent of Schools, welcomed the Commissioners and provided an overview of the Board of Education's total budget request for fiscal year 2003. Roxanne Ober, Chairperson of the Finance Committee, stated that the total request for county funding is $74,045,754 or an 8.47% increase over the FY 2002 appropriation. She also explained the new programmatic format being used for the budget this year. Mr. Hardin reviewed the requests for the APRIL 2, 2002 PAGE SIX following categories: salary increases ($3,973,779), health insurance ($1,687,000), and instructional enhancement ($592,600). Mr. Bailey reviewed requests for the categories of high school improvement ($532,415), building repair, modernization and security ($178,900), and replacing obsolete school buses ($896,000). Mr. Forrest then made closing comments. Following the presentation, the meeting was opened for questions and comments from the County Commissioners. The meeting was then opened for comments from the public. After hearing all comments, Commissioner Snook stated that the hearing on the County budget is scheduled for May 7 at the Kepler Theater at Hagerstown Community College. The meeting was adjourned at 8:10 p.m. , County Administrator , County Attorney , Clerk