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HomeMy WebLinkAbout07.10.2012 Minutes AmendedBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland July 10, 2012 The Commissioners participated in a "Windshield Road Condition Tour" of south Washington County roads at 8:30 a.m. with Public Works Director Joe Kroboth, III, and Highway Director Ed Plank. President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 1:24 p.m. at 100 West Washington Street, Room 227, with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Mark Sandell of St. Andrew Presbyterian Church offered the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — July 3.2012 Commissioner Barr, seconded by Callaham, moved to approve the minutes of July 3, 2012. The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner Cline participated in the Economic Development Commission (EDC) business outreach visits by the Commissioners to the FedEx World Service Center, Ongoing Operations, Knob Hall Winery, and Clear Spring Creamery. He attended a public meeting in Boonsboro to obtain citizen input regarding the Civil War Rail to Trail Project. Mi•. Cline attended the Barge Bash in Hancock and a groundbreaking ceremony for the Korean War Veterans Memorial on Mealey Parkway. He was present at the groundbreaking ceremony for the First Solar facility and the Salute to Independence event at the Antietam National Battlefield. Commissioner Cline thanked those who planned the Celebration of Life tribute for County Emergency Medical Services Coordinator Brigitte Heller. He thanked the emergency responders and County employees who assisted citizens and helped to clean up after a recent severe storm. Commissioner Callaham requested thoughts and prayers for Sydney Davis, a member of the "Twisters" Volleyball team that was recently recognized by the Commissioners, who is undergoing treatment for leukemia. The Twisters had two wins during a national competition in Columbus, Ohio. Ms. Callaham attended business visits to Ongoing Operations, Knob Hall Winery, and the Clear Spring Creamery. She was present at the Rail to Trail public meeting, First Solar groundbreaking, and the Antietam National Battlefield event. Commissioner Callaham attended the tribute held to honor Brigitte Heller's life. She enjoyed a performance by the Mason-Dixon barbershop chorus at the Washington County Museum of Fine Arts in observance of the 150th anniversary of the Civil War. An exhibit July 10, 2012 Page 2 on railroads during the Civil War will be held there on July 15. She advised that an animal market sale would be held by 4-H members on July 26 to benefit its scholarship fund. Commissioner Barr reported attending many of the same events attended by his fellow Commissioners. He thanked emergency services for their work during the recent storm and heat wave. Cormnissioner McKinley also attended many of the events discussed by his fellow Commissioners. He commented on the outstanding work done by emergency crews and public works employees following the recent storm. Mr. McKinley noted the support of employees who assisted the Heller family during the recent tragedy. He thanked Potomac Edison for sponsoring a reception before the Maryland Symphony Orchestra Salute to Independence concert. Commissioner McKinley was present at the First Solar groundbreaking and the Rail to Trail public meeting. He reported on an Airport Advisory Commission meeting and the positive economic development occurring at the Hagerstown Regional Airport. Commissioner Baker attended the Rail to Trail public meeting and Elephant Club picnic. He attended a bonanza at the Potomac Fish and Game Club for the Twisters volleyball team. He was also present during the EDC business visits and the First Solar groundbreaking mentioned previously by the Cormnissioners. Mr. Baker attended the Korean War Memorial groundbreaking ceremony. Commissioner Baker offered thoughts and prayers to Brigitte Heller's family. He thanked Joe Kroboth and Ed Plank for conducting the informative "Windshield Road Condition Tour" this morning with the Commissioners. CITIZENS PARTICIPATION There was no one present who wished to participate. OTHER BUSINESS Countv Attornev County Attorney John Martirano introduced John Connor, a third year student at the University of Maryland majoring in Economics and Government (Pre -Law) who was observing the Commissioners' meeting and visiting the County Attorney's Office. Countv Administrator County Administrator Greg Murray announced that a public hearing regarding Revision 5 of the Animal Control Ordinance would be held this evening at 7:00 p.m. in the Commissioners' meeting room. He stated that the next business outreach meetings of the Commissioners would occur on July 12 at Flolu• Pools and the Review and Herald Publishing Association. REPORTS FROM COUNTY STAFF Health and Human Services Dee Hawbaker, Deputy Director of the Health and Human Services Department, July 10, 2012 Page 3 requested permission to advertise and fill a Grade 13 Section Supervisor position in the Highway Department's Southern Section and a Grade 6 Motor Equipment Operator I position in the Central Section. Commissioner Barr, seconded by McKinley, moved to approve advertising to fill both positions as presented. Ed Plank, Highway Director, requested that if the supervisor position is filled by an in-house candidate, which then creates another opening (trickle down of positions), the Department be permitted to fill that vacancy or vacancies without additional approval of the Commissioners. Commissioner Callaham made a motion to amend Commissioner Barr's previous motion to state that if the supervisor position is filled fi•om within, creating a vacancy or vacancies within County government, the Highway Department may fill those positions until arriving to the bottom position without further approval of the Commissioners. Commissioner McKinley seconded Commissioner Callaham's Motion to Amend. The motion passed unanimously. The Commissioners then voted on Commissioner Barr's original motion as amended. The motion as amended passed unanimously. Public Works Joe Kroboth advised that the revised plans for the Senior Center are now under review by the Public Works Department and that the project bid should be ready for advertisement in two to fourweeks. Public Works - Civil War Rail to Trail Proiect Mr. Kroboth stated that the Maryland Department of Transportation has notified him that it could provide $100,000.00 for a feasibility study of the Civil War Rail to Trail Project if the Commissioners vote to accept the proposal. The Commissioners discussed the offer. Commissioner McKinley was not in favor of accepting funding at this time due to the uncertainty of issues surrounding the project. Commissioner Cline stated that he was also not in favor of the project and was opposed to pursuing it any further. Commissioner Callaham agreed but requested a timeline of plans from Mr. Kroboth regarding development of the project due to unanswered questions such as land ownership along the proposed trail. Commissioner Baker referred to numerous public comments he received opposing the project and stated that he was not in favor of it. The Commissioners discussed issues surrounding the project. Commissioner McKinley, seconded by Cline, moved that this Board of Commissioners discontinue further discussions and any pursuit of the er�verten Rail Trail Project. Commissioner Callaham requested clarification of what the motion meant to the future of the project. Mr. Kroboth advised that future Boards of County Commissioners would not be tied to the motion. Ms. Callaham stated that individuals with the initiative to pursue a Rail to Trail project should continue to do so if they wish. She reiterated that supporters of the trail should continue to work on the issue of land ownership even though this Board of Commissioners chooses not to be involved in the project. The motion passed unanimously. yqu ,A,� av�c,ticlaG(, 6� VD�Ic-�ai�:ut- �V July 10, 2012 Page 4 Commissioner Callaham requested the status of the Yale Drive Project. Mit Kroboth advised that the design plans are 60% complete, air quality studies were acceptable, and noise studies are now being conducted. SENATOR AMOSS FY 2012 FUNDING ALLOCATION Kevin Lewis, Director of Emergency Services, presented information on the Senator William H. Amoss Fire, Rescue, and Ambulance Fund distributed by the State of Maryland to counties for disbursement to fire and rescue companies. Mr. Lewis advised that the Fiscal Year 2012 allocation is $231,616.00. The Commissioners discussed the recommendation for disbursement with Mr. Lewis and Dale Hill, President of the Washington County Volunteer Fire and Rescue Association. The proposed funding allocation is as follows: $53,449.60 to be divided between the six Hagerstown Fire Departments, and $8,908.32 each to the twenty other fire and rescue companies in the County. Commissioner Barr, seconded by Cline, moved to distribute the fiscal year FY 2012 Senator William H. Amoss Fire, Rescue & Ambulance Fund subsidy of $231,616.00 as outlined in the attachment to the Agenda Report Form. The motion passed unanimously. SALGADO CONSERVATION RESERVE ENHANCEMENT PROGRAM EASEMENT Chris Boggs, Land Preservation Planner, Planning and Zoning, recommended approval of a Conservation Reserve Enhancement Program (CREP) Easement Project at a price of $57,556.55 for Marie Salgado. Mr. Boggs described the 17.1 easement acres located along the east side of St. Paul Road in Washington County. He indicated that CREP Easement funds are 100% State -paid, administered by the Land Acquisition and Planning Unit, and funded from Program Open Space funds. The focus of the program is to protect water quality by removing marginal agricultural land from production and replacing it with best management practices. The Commissioners discussed the request. Commissioner Barr, seconded by McKinley, moved to accept the Salgado Conservation Reserve Enhancement Program (CREP) Easement Project as presented at a price of $57,556.55 for 17.1 easement acres, adopt an ordinance approving the easement purchase, and authorize the execution of the necessary documentation to finalize the purchase. The motion passed unanimously. (Ordinance No. ORD -2012-22 is located in the County Commissioners' Office). RECESS The Commissioners recessed at 2:08 p.m. EVENING SESSION PUBLIC HEARING REVISION 5 OF THE ANIMAL CONTROL ORDINANCE FOR WASHINGTON COUNTY MARYLAND July 10, 2012 Page 5 Ordinance for Washington County, Maryland (ACO). Assistant County Attorney Kirk C. Downey presented an overview of the proposed Revision 5 of the ACO which includes, among other things, a provision for a leash law, a definition of excessive noise, and clarifications to the manner in which the Authority shall conduct its hearings. Commissioner Callaham questioned whether the excessive noise definition is consistent with ordinances in other jurisdictions. Mr. Downey stated that the proposed definition was a starting point for further conversation and was an amalgation of the standards used in other jurisdictions. The Public Hearing was opened for public comment. The following citizens testified: Ellen Gilbert; Laura Cooke; Becky Stanley; Holly Leatherman; Bette Jo Shifler; Joe Frey; Paul Miller, Executive Director of the Humane Society of Washington County; Maryland, Tom Berry; Angie Harsh; Betty Reedy; Bob Waugh; Penny Nigh; and Gary Nalven. The Public Hearing was closed at 7:53 p.m. The proposed revisions will be scheduled for discussion on a future Commissioners' agenda. The Commissioners will receive comments from the public for seven days from today. ADJOURNMENT Commissioner Barr, seconded by McKinley, moved to adjourn at 7:54 p.m. The motion passed unanimously. Gr6gorMlriray, Coun� Administrator 4 - � Q K John M. Martira �� Vicki C. Lumm, County Clerk