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HomeMy WebLinkAbout020924 September 23, 2002 Hagerstown, Maryland JOINT PUBLIC HEARING – REZONING CASES RZ-02-004, RZ-02-005, RZ- 02-006 and RZ-02-007 A joint public hearing of the Board of County Commissioners of Washington County and the Washington County Planning Commission was convened in Court Room #l at 7:00 p.m. to hear testimony and receive evidence in rezoning cases RZ-02-004, RZ-02-005, RZ-02- 006 and RZ-02-007. Rezoning case RZ-01-003 was not heard due to an inconsistency with established policies. 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 Paul L. Swartz, Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell and Planning Commission members Donald Ardinger, and George Anikis. Commissioner Wivell was excused prior to hearing cases RZ-02-004 and RZ-02-007. After presentations and public testimony were heard, it was announced that the record would remain open for ten (l0) days to allow additional evidence to be submitted in writing. The public hearing was adjourned at 11:05 p.m. __________________________, County Administrator , County Attorney , Clerk September 24, 2002 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 11:05 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. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Iseminger, to convene in closed session at 11:05 a.m. to discuss personnel matters and consider a proposal for a business or industrial organization to locate, expand, or remain in the State, 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 11:30 a.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel matters and considered a 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; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; and Alan Davis, Director of Human Resources. ECONOMIC DEVELOPMENT COMMISSION – STAFF REORGANIZATION PLAN Doug Wright, Chairman of the Economic Development Commission (EDC), met with the Commissioners to present a plan to reorganize the EDC staff with changes to current positions. He also requested approval to advertise for a Business Development Specialist position. Mr. Wright reviewed a job summary and the essential functions of the following positions: EDC Director, Business Development Specialist, Marketing Specialist, Office Administrator, and Fiscal/Research Specialist. Rodney Shoop, County SEPTEMBER 24, 2002 PAGE TWO Administrator, recommended waiting to have the proposed Office Administrator position (Grade 9) graded through the wage and salary study process instead of having the Commissioners make that decision. After discussion, the Commissioners agreed that they would like to discuss personnel matters in more detail with the EDC Board in closed session before taking action on the proposal. Motion made by Commissioner Schnebly, seconded by Wivell, to support the structure proposed for the reorganization of the Economic Development Commission staff with the exception that the Office Administrator position would be a Grade 7. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Iseminger, to convene in closed session at 11:50 a.m. to discuss personnel matters, 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 Iseminger, to reconvene in open session at 12:15 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter. 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; and EDC Board members Douglas Wright, Peggy Bushey, Gerald Hoak, Charles Shindle, Tom Newcomer, and Roger Johnston. RECESS – LUNCHEON & RECOGNITION OF HOWARD FAMILY ESTATE GIFT TO BLACK ROCK GOLF COURSE The Commissioners recessed at 11:45 a.m. to depart for Black Rock Golf Course for a luncheon. The Commissioners and members of the Washington County Public Golf Corporation Board unveiled a plaque installed on the clubhouse recognizing the bequest of $600,000 given by the Howard Family Estate to the Black Rock Golf Course for land acquisition or improvements to the course. Commissioner Snook stated that 65 acres of land adjacent to the golf course was acquired with the funds and significant improvements to the tee boxes were also made. CERTIFICATE OF MERIT – EMILY BOLTON The Commissioners traveled to Smithsburg Middle School to present a certificate of merit to Emily Bolton. Miss Bolton raised $13,300 to purchase bulletproof vests for police dogs in the Hagerstown Police Department, Washington County Sheriff’s Department and Maryland State Police, which resulted in the Vest-a-Dog project. The Commissioners congratulated Miss Bolton on this accomplishment. Ms. Bolton thanked the Commissioners for the certificate. RIBBON-CUTTING CEREMONY – RUNWAY 02-20 REHABILITATION The Commissioners attended a ribbon-cutting ceremony at the Hagerstown Regional Airport for the rehabilitation of Runway 02- 20. The Commissioners congratulated Ms. Motz for the recent Part 139 Certification Inspection by the FAA, which showed “no discrepancies” and presented a Certificate of Merit to her and the Airport staff. AIRPORT GRANT SUBMISSION – SECURITY GRANT Motion made by Commissioner Swartz, seconded by Iseminger, to approve the submission of a request for grant funding from the Federal Aviation Administration in the amount of $2.5 million in discretionary funds for land acquisition reimbursements, air easements and terminal improvements and for $1.2 million for various security projects. Unanimously approved. AFTERNOON SESSION The afternoon session was called to order at 4:05 p.m. by President Gregory I. Snook, with the following members present: Vice President Paul SEPTEMBER 24, 2002 PAGE THREE L. Swartz and Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. SEMIANNUAL BOARD OF HEALTH MEETING Motion made by Commissioner Swartz, seconded by Iseminger, to convene as the Board of Health at 4:05 p.m. Unanimously approved. (Separate minutes will be kept of this session.) The Commissioners adjourned as the Board of Health at 4:41 p.m. NEW SMITHSBURG LIBRARY – LAND CONVEYANCE John Martirano, Assistant County Attorney, informed the Commissioners that the new branch library in Smithsburg will be built on two acres of land located in Veterans’ Park in Smithsburg. The State has agreed to remove the Program Open Space (POS) designation from the parcel, in exchange for placing that designation on another two-acre parcel in the Town. The Board of Education has agreed to convey two acres of land located at Smithsburg Elementary School to the Town in order that the POS designation can be placed on those two acres. Mildred “Mickey” Myers, Mayor of Smithsburg, stated that the Town supports this conveyance. Commissioner Snook indicated that the Board would like to meet with the Smithsburg Mayor and Council to discuss operational funding for the new branch library. He asked for information on what funding the Town currently provides to the branch library. Motion made by Commissioner Wivell, seconded by Iseminger, to accept two (2) acres of land from the Board of Education and convey these same two (2) acres to the Town of Smithsburg in order to facilitate the building of a new branch library. Unanimously approved. DISPOSITION OF SURPLUS HIGHWAY USER FUND REVENUES Gary Rohrer, Director of Public Works, met with the Board to continue discussions from last week regarding the disposition of the estimated FY 2003 Highway User Fund surplus. Ted Wolford, Highways Superintendent, asked that the surplus be allocated to cover equipment replacement (two dump trucks, van, and tractor mower w/cab) estimated to cost $194,000, and that the balance be allocated for pavement management projects. He stated that the Highway Department budget was established based on anticipated revenues of $6.8 million and the latest estimate stands at $7.2 million. Mr. Wolford informed the Commissioners that bid requests for additional equipment would have to be advertised immediately in order to obtain the equipment during this fiscal year. After discussion, it was the consensus of the Board to approve the recommendation. Motion made by Commissioner Iseminger, seconded by Wivell, to approve the recommendation to allocate funding for the purchase of four additional pieces of equipment as requested by the Highway Department from the FY 2003 Highway User Fund, with any additional surplus to remain in the Fund for appropriation at a later date. Unanimously approved. Motion made by Commissioner Wivell, seconded by Iseminger, to approve the transfer of the $1.5 million surplus of the FY 2002 Highway User Fund to the Capital Improvement Program, with $38,776 to be used for the pavement maintenance program to reduce FY 2003 borrowing, reserving $1.3 million for road reclamation, the Maugans Avenue project, and pavement maintenance to reduce borrowing for FY 2004. The use of remaining balance will be determined through the FY 2004 budget process. Unanimously approved. RECESS The Commissioners recessed at 5:10 p.m. Commissioner Wivell was excused from the meeting at this time. EVENING SESSION – MAUGANSVILLE GOODWILL VOLUNTEER FIRE COMPANY The evening session was convened at 7:00 p.m. at the Maugansville Goodwill Volunteer Fire Company by President Gregory I. Snook with the following members present: Vice President Paul L. Swartz and Commissioners Bertrand L. Iseminger, Jr., and John L. Schnebly. SEPTEMBER 24, 2002 PAGE FOUR 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 – SEPTEMBER 10 & 17, 2002 Motion made by Commissioner Iseminger, seconded by Swartz, to approve the minutes of the meetings of September 10 and 17, 2002, as amended. Unanimously approved. COMMISSIONERS REPORTS AND COMMENTS Commissioner Swartz reported on the meetings of the Transportation Advisory Committee, Greater Hagerstown Committee, Washington County Community Partnership for Children & Families, and the Commission on Aging. He stated that he attended the State Highway Administration’s Annual Transportation Tour Meeting, a fundraiser for Speaker Casper Taylor, and the meeting of the State and Local Democratic Women. Commissioner Iseminger reported on the quarterly rezoning hearing, the Planning Commission meeting, the Agricultural Education Advisory Board, the joint Greater Hagerstown Committee/Chamber of Commerce Downtown Task Force, and the Greater Hagerstown Committee meeting with the Board of Education. He informed the Commissioners that he attended the Mack Trucks Bulldog round-up and a ceremony honoring the Washington County Detention Center for receiving 100% compliance with the Maryland State Accreditation Board. Commissioner Schnebly reported on the Airport Advisory Commission meeting. Commissioner Snook reported on the University System of Maryland steering committee meeting and provided an update on the project. REPORTS FROM COUNTY STAFF Joe Kroboth, Director of Emergency Services, informed the Commissioners that residents of the Jefferson Boulevard area were without telephone service due to a fire in that area. He informed them of the measures taken to provide service. He stated that he attended the Mid-Maryland Emergency Services meeting and also met with Frederick County Emergency Services personnel and Volunteer Association. Robert Arch, Director of Planning & Community Development, informed the Commissioners that the County received the reimbursement from the Economic Development Administration for the Hopewell Road project. Mr. Arch stated that Hagerstown- Eastern Panhandle Metropolitan Planning Organization meeting would be held in October. He indicated that he and representatives from Carroll and Frederick Counties would be meeting with the consultant regarding the Civil War Heritage Area. He reported the all necessary agencies have approved the transfer of the Ditto Knolls property for Program Open Space. The Commissioners thanked Mr. Arch for his work on the re- enactment of the Battle of Antietam. CITIZENS PARTICIPATION Gerry Ditto, speaking on behalf of the Agricultural Land Preservation Advisory Board, recommended that the Commissioners place a moratorium on new sub-divisions or lots of record based on the groundwater supplies and the continuing pressure of development. Jay Stouffer, representing the Maugansville Ruritan, asked the Commissioners to consider purchasing the property adjoining the Little League baseball fields in Maugansville using Program Open Space funding. Mike France expressed concerns with development in the County. Alice White expressed concerns with the drought situation and the development taking place. Phil Ridenour, Chief of the Maugansville Community Volunteer Fire Company, welcomed the Commissioners to their facility. He also informed them that he is the team captain for the County’s Alzheimer’s Memory Walk this year. SEPTEMBER 24, 2002 PAGE FIVE Debbie Bennett raised concerns about the drought and how new development would affect wells in the area. Commissioner Snook stated that the Commissioners would be discussing whether to hold a public hearing to consider establishment of a moratorium on development due to the drought conditions. Lynn Lowry indicated that she would like to know more about the water situation. She stated that moderate growth should not harm the area. Greg Haugh stated that the County has the ability to control growth in place and that the majority of wells going dry are shallow wells. He recommended that hydrological studies be required before new development is approved. Jason Baer, President of the Washington County Volunteer Fire & Rescue Association, welcomed the Commissioners to the Maugansville facility. He asked the Commissioners to support the upgrade of the State communications system. A gentleman at the meeting stated that he is against a moratorium being imposed and stated that reasonable restrictions could be placed on growth. Denise Troxell volunteered to help the Planning Commission and requested that a moratorium be imposed until the revisions are in place. REPORT FROM COUNTY DROUGHT ASSESSMENT COMMITTEE Donald Schwartz and Laurie Bucher, members of the Drought Assessment Committee, provided an update to the Commissioners on the drought situation in the County. Mr. Swartz stated that applications are still being received for emergency wells for farms. He indicated that 50% of County users are served through surface water and 50% through groundwater. He stated that they have been watching indicators to determine whether to request that the State change the status of the County from a drought “watch” to a drought “warning.” Mr. Schwartz informed the Commissioners that there has been a deficit in the “recharge” areas the past two years. Ms. Bucher provided information on surface water, stream flows, and groundwater levels. She stated that the flows of the Antietam and Conococheague Creeks are at record lows, although the Potomac River is holding its own. Ms. Bucher stated that it is highly significant that there were 117 replacement wells drilled this year and that the average depth of the wells is 125 feet, compared to 60 feet for those dug last year. She noted that this means that the groundwater table has dropped significantly. Mr. Arch provided information on building permits issued. He indicated that there is more activity taking place outside of the growth area. He stated that the Planning staff does not recommend a blanket moratorium but would support a process of limiting larger subdivisions in rural areas. Mr. Arch stated that farmland needs to be preserved as a way of life and as an economic industry. The meeting was then opened for questions from the Commissioners. Each of the Commissioners expressed their views on imposing a moratorium. The Commissioners asked the County Attorney to draft an ordinance with the intent to impose a moratorium on new subdivisions of more than five lots located outside of the growth areas for a one-year period. A public hearing would then be scheduled. RENTAL ALLOWANCE PROGRAM – FY 2003 APPLICATION Motion made by Commissioner Swartz, seconded by Iseminger, to submit an application to the State Office of Rental Services Programs for the Rental Allowance Program (RAP) application for FY 2003 and Grant Agreement for an amount up to $58,477. Motion carried with Commissioners Swartz, Iseminger, and Snook voting “AYE” and Commissioner Schnebly “ABSTAINING.” SEPTEMBER 24, 2004 PAGE SIX APPOINTMENT – ECONOMIC DEVELOPMENT COMMISSION Motion made by Commissioner Iseminger, seconded by Swartz, to appoint Noel Williams to the Economic Development Commission to fill the unexpired term of James Pierne that extends to June 30, 2003. Unanimously approved. REAPPOINTMENT – AIRPORT ADVISORY COMMISSION Motion made by Commissioner Schnebly, seconded by Swartz, to reappoint Anton Dahbura to the Airport Advisory Commission for a three-year term. Unanimously approved. EMPLOY – DIRECTOR OF WASHINGTON COUNTY COMMUNITY PARTNERSHIP FOR CHILDREN & FAMILIES Motion made by Commissioner Schnebly, seconded by Iseminger, to employ Stephanie Stone as Director of the Washington County Community Partnership at a salary of $40,000 annually. Unanimously approved. ADJOURNMENT Motion made by Commissioner Swartz, seconded by Schnebly, to adjourn at 9:10 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk September 24, 2002 Board of Health Minutes The Board of County Commissioners of Washington County convened at 4:05 p.m., sitting as the Board of Health, with Commissioners Gregory I. Snook, PauL L. Swartz, Bertrand L. Iseminger, Jr., and William J. Wivell present. Also present were William Christoffel, Health Officer, Rod MacRae, Administrative Officer, and Laurie Bucher, Director of the Environmental Health Division. Environmental Health: Ms. Bucher provided an update on the West Nile virus. She stated that the Health Department has been collecting birds and that 33 of them have tested positive for the virus in Washington County. Ms. Bucher stated that three horses have also tested positive. She informed the Commissioners of statistics on the cases and measures being taken by the Health Department to help control the spread of the virus. Ms. Bucher indicated that they have begun mosquito collection and testing, larvaciding, and have expanded the tire amnesty day collection program. Plans are also under way for the 2003 mosquito season. Drought Update: Ms. Bucher reviewed data on the following drought indicators: precipitation, stream flows, ground water levels, and reservoir storage. She stated that the Antietam Creek and Conococheague Creek are at record lows, although the Potomac River seems to be steady. Ms. Bucher informed the Commissioners that the Health Department has approved 117 replacement wells in 2002 compared to 91 in 2001. She provided a comparison of static water levels, flow rates, and well depths in Washington County in 1984, 1994, and 2002. Ms. Bucher stated that the data shows that the water table has significantly dropped since 1994. Disaster Response – Bioterrorism: William Christoffel, Health Officer, provided information on the Health Department’s disaster response planniing. He stated that they have been assessing resources and vulnerabilities, fostering relationships and cooperation between associated health and emergency agencies, and preparing for mass prophylaxis and immunizations. Mr. Christoffel also stated that they are preparing for implementation of Senate Bill 234 - “Catastrophic Health Emergencies,” partnering with local businesses to meet emergency community health needs, performing constant surveillance and reporting of communicable disease and health threats. Pediatric Dental Program: Mr. Christoffel informed the Commissioners that the goal of the Health Department is to establish a network to increase access to dental care for Medicaid recipients. The target populations include Medicaid- eligible children and pregnant women. He reviewed the services provided at the Health Department and the W.H. Murphy Community Health Care Clinic. Mr. Christoffel stated that they hope to partner with dental practices to provide improved access to services. Cameo House: Mr. Christoffel informed the Commissioners that the Cameo House project just celebrated its one-year anniversary. He explained that the program provides services for women with substance abuse problems who have young children. The program provides training programs in areas such as parenting skills and preparing for job interviews. He stated that four women have graduated from the program in the first year. FY 2003 Funding Summary: Mr. Christoffel stated that he anticipates a shortfall of $255,005 in the FY 2003 budget in the area of school health. He provided information on the measures being taken to counteract the shortfall and promised to update the Commissioners on the budget. The Commissioners adjourned sitting as the Board of Health at 4:41 p.m. , County Administrator Board of Health Minutes Page Two , County Attorney ___________________________, County Clerk