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HomeMy WebLinkAbout010626June 26, 2001 Hagerstown, Maryland The regular meeting of the Board County, Maryland, was called to President Gregory I. Snook with Commissioners Bertrand L. Isemin J. Wivell. PLEDGE OF ALLEGIANCE of County Commissioners of Washington order at 1:00 p.m. in Court Room #1 by the following members present: ger, Jr., John L. Schnebly, and William The meeting began with the Pledge of Allegiance to the Flag by the full assemblage. RESOLUTION OF APPRECIATION - RONALD KARN Commissioner Snook presented a Resolution of Appreciation to Ronald Karn, Chief of Fire & Rescue Communications, for his 26 years of service to Washington County and to extend best wishes on the occasion of his retirement. The Commissioners commended Mr. Karn for being instrumental in the development of the County's 9-1-1 communication system, computer aided dispatch, and the Emergency Medical Dispatch Certification Program. Mr. Karn thanked the Commissioners for the resolution and stated that he enjoyed his association with County government. RESOLUTION OF APPRECIATION - TERRY SHIVES Commissioner Schnebly presented a Resolution of Appreciation to Terry Shives in honor of his 32 years of service at the Washington County Parks Department. The Commissioners thanked him for being instrumental in the development and growth of the County parks system. They offered their best wishes for his retirement. Mr. Shives thanked the Commissioners for the resolution. Commissioner Snook read a letter submitted by Ray Linebaugh of the Joint Veteran's Council, commending Mr. Shives for his assistance with the Council's projects at Marty Snook Park and the Veteran's wall project. He stated that working with Mr. Shives has been a pleasure. BID AWARD - PUBLIC OFFICIALS LIABILITY POLICY Motion made by Commissioner Iseminger, seconded by Schnebly, to award the contract for the public officials liability policy to BB&T - Frederick Underwriters which submitted the low responsive, responsible bid of $56,590 for the optional quote for a $5 million liability limit on a one year policy with two consecutive one-year renewal periods. Unanimously approved. REQUEST FOR CONTRACT RENEWAL - CONTRACT SERVICES AT TRANSFER STATIONS Karen Luther, Purchasing Agent, and Steve Zies, Operations Manager at the Solid Waste Department, informed the Commissioners that Waste Management, Inc. has requested to renew its contract with the County for contract services at the transfer stations. She stated that Waste Management has requested an increase in rates for these services. The staff recommended that the Commissioners deny the request and rebid the contract due to the amount of increase requested by Waste Management. After discussion, it was the consensus of the Commissioners to have staff attempt to negotiate a reasonable increase with Waste Management. They agreed to authorize the Purchasing Agent to rebid the contract if she is not able to negotiate reasonable rates. PUBLIC HEARING - ADOPTION OF NEW STORMWATER MANAGEMENT ORDINANCE The Commissioners convened a public hearing at 1:30 p.m. in order to consider the repeal of an existing ordinance entitled "An Ordinance for Stormwater Management in Washington County, Maryland," adopted on July 24, 1984, and to enact a new ordinance entitled "Stormwater Management Ordinance for Washington County, Maryland," pursuant to Md. Code, Environment Article, Section 4-203 and Code of Maryland Regulations, Section 26.17.02.01, et seq. Terry McGee, Chief Engineer, explained that Maryland law requires all incorporated jurisdictions to adopt and implement an approved SWM Ordinance. He reviewed the requirements in the Code of Maryland Regulations (COMAR) and the regulatory changes that must be included in the Ordinance. Mr. McGee informed the Commissioners that the Maryland Department of the Environment (MDE) formed a technical committee in 1997 JUNE 26, 2001 PAGE TWO to revise the regulations. The new regulations became effective in October 2000. He stated that the final form of the ordinance must be approved by MDE. The meeting was then opened for public comment. David Eshleman voiced his concerns regarding the proposed ordinance. Dennis Swope, President of Washington County Homebuilders Land Use Council, thanked Gary Rohrer and Terry McGee for working with them on the Ordinance. He stated that the County needs to assure that the appeal process works well. After hearing all comments, Commissioner Snook stated that the record would remain open for ten (10) days to allow the public to file written comments. The hearing was closed at 1:55 p.m. REVIEW OF COUNTY DEBT/DEBT ANALYSIS Debra Bastian, Director of Finance, and Lester Guthorn, Financial Advisor for the County, met with the Commissioners to review the County's debt analysis report and financial condition. Mr. Guthorn applauded the County for developing a debt analysis report. He stated that the County has a strong cash position and is within all of the established ratios used by the rating agencies to determine whether the County's financial condition is sound. Mr. Guthorn indicated that, although the County limited some of its financial flexibility when it agreed to create the Water & Sewer Department, the County aggressively addressed the reduction of debt for this department. He advised the Commissioners that the Water & Sewer Department should become a self-supporting agency with the rates and charges paying for the cost of operations. Mr. Guthorn also recommended carving out pay-as-you-go funds from excess revenue, but cautioned against setting debt limits as this would decrease the County's financial flexibility. In summary, he stated that the County has been very prudent and, if the Commissioners continue to develop and maintain the adopted plan, it will remain prudent. He also complimented the County's Finance Director and staff for the clear and concise policies they have developed. After discussion, the Commissioners thanked Mr. Guthorn for meeting with them. DISTRIBUTION OF STATE FIRE, RESCUE AND AMBULANCE APPROPRIATION Kim Edlund, Assistant Director of Finance, met with the Commissioners regarding Senator William H. Amoss Fire, Rescue and Ambulance Fund allocated to Washington County by the State for fire and rescue companies. Ms. Edlund stated that a total of $229,089.03 was awarded to Washington County for disbursement to the companies. She reviewed two options for allocating the funds. The first option would be to distribute the funds equally among all companies, allocating $8,484.78 to each company. The second option would allocate the minimum amount to the City of Hagerstown ($13,045) and the remainder to the other companies in equal shares. The Commissioners discussed the options and agreed to allocate the funding in equal shares to all companies. Motion made by Commissioner Schnebly, seconded by Iseminger, to distribute the fiscal year 2000 Senator William H. Amoss Fire, Rescue & Ambulance State grant funds in equal shares to all fire and rescue companies in Washington County. Unanimously approved. SEMIANNUAL BOARD OF HEALTH MEETING Motion made by Commissioner Iseminger, seconded by Wivell, to convene as the Board of Health at 3:10 p.m. Unanimously approved. (Separate minutes will be kept of this session.) The Commissioners adjourned as the Board of Health at 3:45 p.m. REZONING CASE RZ-01-001 - WILLIAMSPORT STORAGE BINS, INC. John Martirano, Assistant County Attorney, reviewed map amendment RZ-01- 001, submitted by Williamsport Storage Bins, Inc., to rezone the subject property from Agricultural (A) to Business Transitional (BT). Mr. Martirano stated that the Planning Commission recommended approval of the application. Commissioner Snook abstained from discussion and voting. JUNE 26, 2001 PAGE THREE Motion made by Commissioner Iseminger, seconded by Schnebly, to accept the definition of the "neighborhood" for the subject property as described by the applicant. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly, to adopt the findings of fact set forth in the report of the County Attorney, a copy of which is attached to these minutes, and the recommendation of the Planning Commission. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly, to find that there has been a substantial change in the character of the neighborhood in which the subject property is located due to the many rezoning cases in the subject neighborhood and the build out of these properties, the substantial improvements made to Robinwood Drive at its intersection with Mt. Aetna Road, the development of the Antietam Health medical campus, the various commercial developments and planned unit developments (PUDs) being developed in the area, the recent extension of water and sewer to that area, increased population in both residential and commercial growth, and the increase of traffic on Robinwood Drive. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly, that there has been a convincing demonstration that the proposed rezoning from Agricultural to Business Transitional (BT)) would be appropriate and logical for the subject property based on the staff report and recommendation of the Planning Commission, the definition as stated in the Zoning Ordinance to provide a transition between the commercial and institutional uses, the fact that the character of the neighborhood is becoming more urbanized, the diminished agricultural use in the area in addition to the fact that the parcel is suited to low intensity, and is consistent with the pattern of development occurring in the area. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly, based upon the previous motions for rezoning case RZ-01-001, that the proposed rezoning from Agricultural to Business Transitional be granted. Unanimously approved. FULL COMMUNITY PARTNERSHIP AGREEMENT BETWEEN THE WASHINGTON COUNTY COMMUNITY PARTNERSHIP (WCCP) & THE GOVERNOR'S OFFICE FOR CHILDREN, YOUTH & FAMILIES Lisa Kalkbrenner, Fiscal Specialist for the Washington County Community Partnership for Children & Families (WCCP), met with the Commissioners to review the Full Community Partnership Agreement with the State for fiscal year 2002. Ms. Kalkbrenner informed the Commissioners that the agreement outlines the scope of the work of the WCCP Board to include the monitoring, evaluating, and fiscal/programmatic accountability of the programs in Washington County along with the distribution of grant funds. Ms. Kalkbrenner indicated that the draft agreement was approved by the Commissioners on May 1, 2001, and the WCCP is now seeking final approval. She stated that the Full Partnership will bring $250,000 per year to the County for the next five years with additional one-time funding of $300,000 to address the issues of teen pregnancy, family violence and substance abuse. She informed the Commissioners that the State award is for $2.37 million, but that the WCCP monitors a total of $3,116,056 in grant dollars at this time. She also stated that the WCCP has received State approval to carry forward unspent funds. Ms. Kalkbrenner indicated that John Martirano, Assistant County Attorney, and William Schildt, attorney for the WCCCP, have reviewed the agreement. Motion made by Commissioner Schnebly, seconded by Iseminger, to approve the FY 2002 Full Community Partnership Agreement with the State of Maryland for the Washington County Community Partnership for Children & Families as presented. Unanimously approved. RIGHT-OF-WAY ACQUISITION - NEWGATE SANITARY SEWER INTERCEPTOR PROJECT Joe Kroboth, Deputy Chief Engineer, informed the Commissioners that he has negotiated an agreement with James and June Haddock to acquire right- of-way needed for the Newgate sewer project. He stated that the JUNE 26, 2001 PAGE FOUR agreement was executed by Mr. and Mrs. Haddock on June 14, 2001. Mr. Kroboth indicated that the Engineering Department and the Water & Sewer Department have reviewed the letter agreement and concur that the conditions are reasonable and workable. Motion made by Commissioner Wivell, seconded by Schnebly, to purchase 1.17 acres of perpetual easement from James and June Haddock that is necessary for the completion of the Newgate Sewer project in the agreed amount of $40,000. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Iseminger, seconded by Schnebly, to convene in closed session at 4:10 p.m. to discuss personnel matters and to consult with counsel to obtain legal advice, 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 Iseminger, to reconvene in open session at 4:20 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel matters. 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; John Martirano, Assistant County Attorney; and Joni Bittner, County Clerk. RECESS The Commissioners recessed at 4:20 p.m. EVENING SESSION - LEITERSBURG VOLUNTEER FIRE HALL The evening session was convened at 7:00 p.m. at the Leitersburg 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. 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 - JUNE 19, 2001 Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the minutes of the meeting of June 19, 2001, as amended. Unanimously approved. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Wivell informed the Commissioners that he attended the Miss Maryland Scholarship Pageant kick-off and presented a proclamation on behalf of the Commissioners. He reported on the Board of Social Services meeting and stated that the Smithsburg carnival is being held this week. Commissioner Schnebly stated that he attended the capital campaign kick- off for the Hagerstown chapter of the American Red Cross. He also attended a reception at the Port of Baltimore on behalf of the Western Maryland Delegation to the General Assembly. Commissioner Iseminger reminded the Commissioners that the meeting of the Hagerstown -Eastern Panhandle Metropolitan Planning Organization is scheduled for June 27 in Martinsburg, West Virginia. Commissioner Snook informed the Commissioners that he received a letter from the Hagerstown Model Railroad Museum requesting $10,000 from the hotel rental tax proceeds for restoration of the Antietam Station. He also indicated that he received a letter from the Department of Natural Resources informing him that Program Open Space funding has been approved for a project at Camp Harding Park. Commissioner Snook stated that he has received a number of complaints regarding the Weed Control Ordinance. He asked John Martirano, Assistant County Attorney, to outline the JUNE 26, 2001 PAGE FIVE process used to deal with complaints. Commissioner Snook reported on the MACo Executive Board meeting. Commissioner Snook stated that he received a letter from the Executive Vice President of Century Pacific, owner of the Halfway Manor housing project, requesting that the Commissioners send a letter of support on behalf of their request for additional HUD funding to upgrade the facility. Motion made by Commissioner Schnebly, seconded by Iseminger, to send a resolution of support on behalf of the request made by Century Pacific for additional federal funding for upgrades to the Halfway Manor housing project. Unanimously approved. CITIZENS PARTICIPATION Representatives of the Washington County Junior Fair Board provided information on the upcoming Ag Expo and requested that the Commissioners schedule a County Commuter bus from Hagerstown to the Agricultural Education Center each day during the week of Ag Expo. The Commissioners took this request under consideration. Albert Mumma, member of the Greenberry Hills Residents Association, stated they have three HUD -funded homes in their neighborhood. He asked if there were any restrictions or guidelines on the number of homes that can be purchased by HUD in one neighborhood. The Commissioners stated that they would have Richard Willson, Director of the Washington County Housing Authority, contact him to answer his questions. Eugene Leatherman complained that there are too many State Highway workers assigned to a project. The Commissioners provided Mr. Leatherman with a contact person at the State Highway Administration. Members of the Leitersburg Peach Festival Committee invited the Commissioners to attend the Festival on August 11 and 12 and stated that they will be selling raffle tickets for a quilt. The proceeds from the raffle will go to MIHI and the Washington County Free Clinic. REPORTS FROM COUNTY STAFF Debra Bastian, Director of Finance, informed the Commissioners that her staff is working on closing out the year-end budget. She stated that CHIEF may pay off one of its loans. Ms. Bastian said that she is in the process of revising the County's travel and entertainment policy. She also informed the Commissioners that notification of the April -May tax distribution should come this week. Gary Rohrer, Director of Public Works, stated that he met with the State's Attorney and the Sheriff regarding security issues at the County Office Building. He also informed them that he met with Joan Warner, Director of Associated Builders & Contractors. Mr. Rohrer also informed them that he will be attending a stormwater management utility seminar in Boston later this week. Commissioner Snook advised him of a complaint he received from a constituent about signage near Spriggs Road and asked Mr. Rohrer to look into the problem. Alan Davis, Director of Human Resources, reported that the CareFirst Blue Cross/Blue Shield insurance cards for employees were mailed out today and that CareFirst will officially be the County's new insurance carrier beginning July 1. Robert Arch, Director of Planning & Community Development, informed the Commissioners that he will be attending the Metropolitan Planning Organization meeting tomorrow and the Tri -County Council meeting on Thursday. He stated that Leiter's Fine Catering is not interested in renewing its contract at the Agricultural Education Center and that he will investigate other alternatives. COUNTY ADMINISTRATOR'S COMMENTS Rodney Shoop, County Administrator, reported that the County employees exceeded the goal set by the American Red Cross during the recent blood drive. JUNE 26, 2001 PAGE SIX CHANGE ORDER - STATE PAYMENT FOR THE STANDING MASTER POSITION Motion made by Commissioner Schnebly, seconded by Iseminger, to approve the transfer of $27,846 originally budgeted for the Standing Master position to the contingency fund, due to the unanticipated payment of this amount by the State of Maryland in support of this position. Unanimously approved. APPOINTMENT OF INTERIM EMERGENCY PROGRAM MANAGER - VERNA BROWN Motion made by Commissioner Iseminger, seconded by Wivell, to appoint Verna Brown as the Interim Emergency Program Manager for the County due to the retirement of Ronald Karn. Unanimously approved. RE/APPOINTMENTS - ADULT PUBLIC GUARDIANSHIP REVIEW BOARD Motion made by Commissioner Schnebly, seconded by Iseminger, to reappoint Charles Breakall and Ann Kendall to the Adult Public Guardianship Review Board for three-year terms and to appoint Dr. Matthew Wagner and Sandra Weaver for three-year terms. Unanimously approved. RE/APPOINTMENTS - COMMISSION FOR WOMEN Motion made by Commissioner Iseminger, seconded by Wivell, to reappoint Victoria Nelson for a three-year term on the Commission for Women, reappoint Charlotte Walsh for a one-year term, appoint Maria Figueroa, Claire Mumma, Ida Taylor, and Jennifer Taylor -Gray for three-year terms, and appoint Mary Bray, Claudia Martin, and Angela Mulligan for two-year terms on the Commission. Unanimously approved. w?2L•11j:.-"r1:4-"Mw Motion made by Commissioner Iseminger, seconded by Wivell, to adjourn at 8:00 p.m. Unanimously approved. County Administrator County Attorney Clerk June 26, 2001 Board of Health Minutes The Board of County Commissioners of Washington County convened at 3:10 p.m., sitting as the Board of Health at the Washington County Health Department with Commissioners Gregory I. Snook, Bertrand L. Iseminger, John L. Schnebly, and William J. Wivell present. Also present were Dorothy Boone, Chairperson of the Advisory Commission to the Board of Health; William Christoffel, Health Officer; and members of the Health Department staff. Ms. Boone brought comments from the Advisory Commission to the Board of Health. She provided an update on issues being addressed by the Advisory Commission and outlined the agencies represented on the Commission. Semi-annual Report of the Health Officer William Christoffel, Health Officer, thanked the Commissioners for their support of the Health Department's programs. He stated that Washington County is relatively healthy county, however, problems such as teen pregnancy and repeat teen pregnancies, child abuse and neglect, and substance abuse remain as major health issues. Mr. Christoffel reported that approximately 830 of the people receiving substance abuse treatment in the County have indicated that alcohol was one of the reasons for seeking treatment. He stated that this is higher than the State average. Mr. Christoffel noted that there has been an increase in treatment for cocaine, but alcohol is still the most abused drug in the County. Mr. Christoffel informed the Commissioners that there was a reduction in the teen pregnancy rates for 2000, although the County birth rate for teens still exceeds that of the State. He stated that the Health Department is working with the Local Management Board to implement a five-year program that focuses on reducing teen pregnancy. Major accomplishments for Fiscal Year 2000 included the establishment of weekly health clinics at Walnut and Potomac Towers, the opening of CAMEO House to provide substance abuse counseling to women with young children, the introduction of cigarette restitution fund activities, increasing public awareness of health issues, full implementation of the school health program, and improvement of the financial management process. Mr. Christoffel also reviewed the challenges for next fiscal year. They include encouraging healthier lifestyles, assurance of adequate substance abuse treatment, expansion of transportation services for Medicaid clients, reduction of teen pregancy rates, and evaluation and possible expansion of services to the western and southern parts of the County. The meeting was then opened for questions from the Commissioners. The Commissioners adjourned as the Board of Health at 3:45 p.m. County Administrator County Attorney County Clerk