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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