HomeMy WebLinkAbout010717July 17, 2001
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 9:55 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.
APPROVAL OF MINUTES — JUNE 26, 2001
Motion made by Commissioner Iseminger, seconded by Swartz, to
approve the minutes of June 26, 2001, as presented. Unanimously
approved.
PUBLIC HEARING — ESTABLISHMENT OF ENGINEERING REVIEW FEES
The Commissioners convened a public hearing at 10:00 a.m. in
order to consider the establishment of fees for engineering
review of private development plats and plans performed by the
Washington County Engineering Department. Terry McGee, Chief
Engineer, recommended imposing a flat fee of $50 per plat or
plan requiring formal Engineering Department approval, plus an
additional fee of $80 per controlled acre. Mr. McGee estimated
that the proposed fees would generate $77,510 of new revenue or
fifty percent of the costs to the Department for these services.
He stated that Washington County is one of only three counties
in Maryland that does not charge for engineering fees. After
questions and discussion by the Commissioners, the meeting was
opened for public comment.
Debbie Turpin, representing the Homebuilders Association, spoke
in opposition to the implementation of review fees. She asked
that the Commissioners consider imposing a specific time period
for the new fee structure to allow them to plan for the new
fees. Ms. Turpin also asked the Commissioners to consider
holding an evening hearing on any matter that would have a
financial effect on the public. After hearing all comments,
Commissioner Snook announced that the record would remain open
for ten days to allow the public to provide written comments.
The hearing was closed at 10:17 a.m.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Iseminger reported on the Metropolitan Planning
Organization meeting that he attended on June 27.
Commissioner Wivell reported on the Solid Waste Advisory
Committee meeting. He asked that a summary of the Animal
Control Ordinance be developed, to include the fee structure.
Rodney Shoop, County Administrator, agreed to contact the City
Administrator to see if the City of Hagerstown has adopted the
Animal Control Ordinance.
Commissioner Schnebly reviewed several complaints he received
from citizens.
Commissioner Swartz informed the Commissioners that he attended
the Fatherhood Conference, the Salute to Independence, and the
luncheon sponsored by the Economic Development Commission. He
reported on the meetings of the Disabilities Advisory Committee,
CASA, the Baseball Task Force, and the Area Agency on Aging.
Commissioner Swartz also stated that he provided welcoming
remarks at the National Youth Bowling Tournament, and will meet
with the Arts & Entertainment District committee after the
meeting today. He stated that he met with several residents of
Amber Drive regarding a tree that they would like to have
removed. The tree is located on County right-of-way and is
leaning toward a house.
Commissioner Snook reported that he spoke before the Brownsville
Ruritan Club. He stated that the City of Hagerstown is holding
a public hearing on July 24 concerning rezoning property on
Frederick Street. The Commissioners discussed the letter from
the Maryland Department of the Environment regarding a revision
to a sewage sludge permit for
JULY 17, 2001
PAGE TWO
application on the Carr property. They agreed not to request a
public information meeting for the revision.
The Commissioners discussed the request made by the Junior Fair
Board at the June 26 meeting that the County provide the
services of a County Commuter bus to the Ag Expo in August.
(Action was taken on this matter later in the session.)
CITIZENS PARTICIPATION
Greg Schmura and Bob Devinney, who reside on Amber Drive, asked
the Commissioners to have a tree cut down that is leaning toward
Mr. Schmura's home. Mr. Devinney stated that the tree is
located on a right-of-way owned by County. After discussion, it
was the consensus of the Commissioners to have the tree removed
from the property. They asked the Assistant County Attorney to
meet with the gentlemen to continue discussions about the right-
of-way and its ownership.
Ron Vitkun, owner of Yogi Bear Jellystone Park -Resort and Vice
President of the Maryland Campground Association, had several
questions on the proposed tax on campgrounds. Commissioner
Swartz suggested that the tax could be structured that a portion
of the revenues from the tax be used for tourism and the
promotion of local campgrounds.
REPORTS FROM COUNTY STAFF
Debra Bastian, Director of Finance, introduced Laura Mowen who
was recently hired as Accounting Supervisor.
COUNTY ADMINISTRATOR'S COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners
that the United Way has asked if the County would waive the
landfill fees for the United Way Day of Caring.
Motion made by Commissioner Swartz, seconded by Schnebly, to
approve the request made by the United Way of Washington County
to waive landfill fees and allow them a maximum of $200 in
charges, with the landfill to be reimbursed from the
Commissioners' contingency fund. Unanimously approved.
Mr. Shoop informed the Commissioners that the Governor's
Redistricting Committee would be meeting in Western Maryland on
July 25 and 26. He stated that Glenda Helman has been named
Interim Director at the Community Action Council and that she
will be on the agenda in the near future to discuss the Single
Room Occupancy (SRO) program and the $50,000 committed by the
County for it. Mr. Shoop informed the Commissioners that the
official opening of the Clear Spring branch library is
tentatively scheduled for September 15
RE/APPOINTMENTS - MENTAL HEALTH ADVISORY COMMITTEE
Motion made by Commissioner Iseminger, seconded by Wivell, to
reappoint Judy Brown, Sgt. Rodney Weicht and Fran Shaffer to the
Mental Health Advisory Committee for three-year terms and to
appoint new members Dianne Rivera, Jeff O'Neil, Stan Brown, and
John Budesky to the Advisory Committee for three-year terms.
Unanimously approved.
REAPPOINTMENT - ETHICS COMMISSION
Motion made by Commissioner Wivell, seconded by Iseminger, to
reappoint Mildred "Mickey" Myers to the Ethics Commission for a
three-year term. Unanimously approved.
CONTRACT RENEWAL REQUEST - CONTRACT SERVICES AT TRANSFER
STATIONS
Motion made by Commissioner Iseminger, seconded by Schnebly, to
renew the contract with Waste Management of Martinsburg, West
Virginia, for contract services at the transfer stations for the
revised rates per the June 29 submittal. Unanimously approved.
CONTRACT AWARD - RETURN & DIVERSION PROGRAM
Motion made by Commissioner Swartz, seconded by Schnebly, to
award the contract for the Return and Diversion Program to
Potomac Case Management Services, Inc. in the amount of $50,949
or an annual cost per family of
JULY 17, 2001
PAGE THREE
$10,189.80 or $849.15 per month for a one-year contract with
four one-year renewal options and to grant sole source
contracting for the Washington County Community Partnership for
Children & Families for sub -contracted services provided to
clients for respite care, hospitalization, or residential
placement because of the timeliness of need by the clients and
existing review by professionals on the Local Coordinating
Council. Unanimously approved.
GRANT AGREEMENT - CONTROL & ERADICATION OF NOXIOUS WEEDS
Motion made by Commissioner Schnebly, seconded by Swartz, to
approve the grant agreement with the State of Maryland
Department of Agriculture for the control and eradication of
noxious weeds. Unanimously approved.
PRESENTATION OF HISTORIC PRESERVATION AWARD - DAVID WILES
Commissioner Snook presented the 2000 Historic Preservation
Award to David Wiles in recognition of his contribution made to
historic preservation in Washington County. Commissioner Snook
stated that Mr. Wiles was selected for the award by the
Historical Advisory Commission for his dedication and excellence
in publishing the Clear Spring District historical Association's
quarterly newsletter, "Used To Be."
RECESS - LUNCH
The Commissioners recessed for lunch at 11:50 a.m.
AFTERNOON SESSION
The afternoon session was called to order at 1:05 p.m. by
President Gregory I. Snook, with the following members present:
Vice President Paul L. Swartz, and Commissioners John L.
Schnebly, Bertrand L. Iseminger, Jr., and William J. Wivell.
NATIONAL REGISTER NOMINATION - KEEDYSVILLE & WILLIAMSPORT
HISTORIC DISTRICTS
Stephen Goodrich, Senior Planner, met with the Board to present
applications for the nomination of the Keedysville and
Williamsport Historic Districts to the National Register of
Historic Places. Mr. Goodrich reviewed the applications and
stated that Washington County, as a Certified Local Government,
is permitted to recommend properties for nomination. He then
reviewed the criteria for eligibility for placement on the
National Register. He stated that both the Keedysville Historic
District and Williamsport Historic Districts qualify under
Criterion A as districts associated with events that made a
significant contribution to the broad patterns of our history.
He stated that both applications also qualify for listing under
Criterion C due to the wide range or architectural examples of
the remaining structures still evident in their streetscapes.
Mr. Goodrich indicated that both of the applications were
recommended for approval by the Historic District Commission.
He stated that the designation would allow property owners to
apply for state and federal tax credits. The meeting was then
opened for discussion and questions from the Commissioners
regarding the applications. Commissioner Snook expressed
concerns that the Williamsport Mayor and Council may not be
aware of how the designation would impact future development
projects. The Commissioners agreed to delay taking action on
the Williamsport application until Commissioner Snook can
discuss it with Mayor Slayman.
Motion made by Commissioner Schnebly, seconded by Iseminger, to
submit the application for the Keedysville Historic District to
the Maryland Historical Trust for nomination to the National
Register of Historic Places. Unanimously approved.
CONTRACT AWARD FOR INSURANCE ON COUNTY COMMUTER BUSES
Motion made by Commissioner Swartz, seconded by Schnebly, to
award the contract for insurance on County Commuter buses to the
Hilb, Rogal and Hamilton Company which submitted the low
responsive, responsible bid of $69,488 for $5 million of
liability coverage. Motion carried with Commissioners Swartz,
Schnebly, Wivell and Snook voting "AYE" and Commissioner
Iseminger "ABSTAINING."
JULY 17, 2001
PAGE FOUR
APPROVAL OF REQUEST FOR COUNTY COMMUTER BUS TO AG EXPO
Motion made by Commissioner Swartz, seconded by Schnebly, to
approve the use of a County Commuter bus for two round trips
from the South End Shopping Center to the Ag Expo, as requested
by the 4-H Junior Fair Board, with the total cost of $240 to be
taken from the Commissioners Contingency fund. The approval is
contingent upon the bus schedule being coordinated through the
HotSpots Coordinator and the Extension Office Director to assure
participation by inner-city youth. Unanimously approved.
ADOPTION OF NEW STORMWATER MANAGEMENT ORDINANCE
Motion made by Commissioner Iseminger, seconded by Schnebly, to
repeal 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., to become effective immediately. Unanimously approved.
CAMPGROUND TAX PROPOSAL
The Commissioners discussed the proposal to impose a three (30)
tax on the amount paid for the rental, leasing, or use of any
space, facilities, accommodations or services for recreational
vehicles or camping shelters. A public hearing on this proposal
was held on June 5, 2001. Richard Douglas, County Attorney,
reviewed the written comments that were received. He stated
that the Convention & Visitors Bureau has estimated that such a
tax would generate approximately $51,000 in tax revenue for the
general fund per year.
Motion made by Commissioner Swartz, seconded by Iseminger, to
impose a 3% campground tax with revenues being earmarked for
tourism projects and promotion of campgrounds in our County
through the Convention & Visitors Bureau. The motion did not
carry with Commissioner Swartz voting "AYE" and Commissioners
Iseminger, Schnebly, Wivell and Snook voting "NO."
UPDATE ON THE CONSOLIDATION OF SPECIAL OPERATIONS & CIVIL
DEFENSE
Phil Ridenour, Special Operations Administrator, met with the
Commissioners to provide an update on the consolidation of the
Special Operations Unit and Civil Defense. He stated that new
officers have been elected for the group and they are currently
working on a number of issues. Mr. Ridenour reviewed the items
discussed at the consolidation meetings. He stated that the
chain of command, division of responsibilities, training
requirements, officer requirements and by-laws have been
presented for review. Future items for discussion include a
study of current equipment, update of mission statement, update
of training and personal file folders, and putting the boat back
into service. John Bentley, Chief, thanked the Commissioners
for their support and praised the work of Mr. Ridenour to
accomplish the consolidation. Mr. Bentley also provided a
review of rescue equipment owned by the company.
DEDICATION OF EASEMENT - CITY OF HAGERSTOWN
Motion made by Commissioner Iseminger, seconded by Schnebly, to
approve the request made by the City of Hagerstown to dedicate
799 square feet of land located at the rear of the County Office
Building to allow the City to proceed to widen the alley and
construct a sidewalk and street lights and to approve the
dedication of a utility easement at this location. Unanimously
approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Swartz, seconded by Schnebly, to
convene in closed session at 2:27 p.m. to discuss personnel
issues, proposals for businesses or industrial organizations to
locate, expand, or remain in the State, and to consult with
counsel to obtain legal advice, all in accordance with Section
10-508 of the State Government Article of the Annotated Code of
Maryland. Unanimously approved.
(Commissioner Schnebly was excused from the meeting at 3:50
P.M.)
JULY 17, 2001
PAGE FIVE
RECONVENE IN OPEN SESSION
Motion made by Commissioner Iseminger, seconded by Wivell, to
reconvene in open session at 3:57 p.m. Unanimously approved.
In closed session, the Commissioners discussed two (2) personnel
issues, two (2) proposals for businesses or industrial
organizations to locate, expand, or remain in the State, and
consulted with counsel to obtain legal advice on one (1) 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; Greg Murray, Director of the Water &
Sewer Department; Greg Larsen, Marketing Specialist; Richard
Ellman, President of Spirit Services; Paul Petzrick, Department
of Natural Resources, Energy Administration; D. Bruce Poole,
Esq., attorney for Spirit Services; Clarence Scheer, former
member of the Water & Sewer Commission; Gary Rohrer, Director of
Public Works; and Debra Bastian, Director of Finance.
APPOINTMENT - GAMING COMMISSION
Motion made by Commissioner Swartz, seconded by Iseminger, to
appoint Terry Reiber to the Gaming Commission for a two-year
term beginning October 1, 2001. Unanimously approved.
APPOINTMENT - ETHICS COMMISSION
Motion made by Commissioner Iseminger, seconded by Wivell, to
appoint Dana Moylan to the Ethics Commission for a three-year
term beginning September 1, 2001. Unanimously approved.
RECESS
The Commissioners recessed at 3:57 p.m.
EVENING SESSION
The evening session was convened at 7:00 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.
PROPOSED REORGANIZATION - FIRE & RESCUE SERVUCES
Rodney Shoop, County Administrator, presented a plan for a
proposed reorganization of the fire and rescue services and
related operations. He reviewed the findings of Burracker study,
the County's goals, and funding provided for Fire &
Rescue/Emergency Service.
Mr. Shoop then outlined their proposed plan. He stated that a
Director/Chief position would be established under the plan to
oversee Communications Maintenance, Emergency Communications,
Emergency Management, and Field Operations to include Special
Operations/Emergency Air Unit and the Washington County
Volunteer Fire & Rescue Association (WCVFRA). Mr. Shoop stated
that the primary objectives are to manage and coordinate
budgets, maintain a team of emergency service providers, work
cooperatively with the WCVFRA, report on the state of emergency
services, utilize technology and information management systems,
develop short- and long-range plans, maintain emergency
communication systems, coordinate activities with other
government agencies, and standardize procedures. He noted that
the County hopes that the outcome would create an advocate
within county government for emergency services, improve
communications with the Board, link emergency services
functions, and ensure accountability. The meeting was then
opened for questions and discussion. At this time, each of the
Commissioners provided comments on the plan. It was the
consensus of the Commissioners that the organization chart be
revised to show the WCVFRA reporting directly to the County
Administrator with a dotted line to the Board of County
Commissioners. They also emphasized that the County does not
intend to direct the WCVFRA in the tactical administration of
their duties.
At this time, the meeting was opened for comment. Jason Baer,
President of WCVFRA, stated that he has some concerns with the
proposal and asked that the Commissioners provide a mechanism to
review it with them before
JULY 17, 2001
PAGE SIX
it is adopted. After hearing all comments, the Commissioners
agreed to have the Emergency Services Council review the
proposal and entertain comments from both the fire and rescue
community and County staff and develop a revised plan. The
Emergency Services Council meeting was scheduled for July 31 at
5:00 p.m.
ADJOURNMENT
Motion made by Commissioner Iseminger, seconded by Schnebly, to
adjourn at 8:36 p.m. Unanimously approved.
County Administrator
County Attorney
County Clerk