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HomeMy WebLinkAbout011023October 23, 2001 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:30 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 County Administrator Rodney Shoop, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES - OCTOBER 16, 2001 Motion made by Commissioner Iseminger, seconded by Wivell, to approve the minutes of October 16, 2001, as amended. Unanimously approved. COMMISSIONERS' REPORTS & COMMENTS Commissioner Wivell provided follow-up information on security measures at High Rock. He stated that the Sheriff's Department has agreed to close the gate in the evenings, and the gentleman living adjacent to the property has agreed to open the gate in the morning. Commissioner Wivell indicated that he attended the recent deliberations of the Board of Zoning Appeals in the appeal of the Zoning Administrator's ruling that the Bowman truck stop proposal constituted a principal permitted use. Commissioner Iseminger informed the Commissioners that he chaired the Metropolitan Planning Organization (MPO) meeting on behalf of Commissioner Snook. Commissioner Swartz stated that he attended the hearing on the foreign- trade zone. He reported on the meetings of the Transportation Advisory Committee, the Local Management Board (LMB), and the Commission on Aging. Commissioner Swartz informed the Commissioners that he attended the Maryland Youth Forum at the Career Technology High School. He also met with Lt. Governor Townsend following an awards ceremony for John Budesky. Commissioner Swartz stated that he attended a STAR rally and also toured Shifler Equipment last week. Commissioner Schnebly reported on the MPO and LMB meetings. He informed the Commissioners that the joint City/County committee on water/wastewater issues would be meeting this week. Commissioner Snook informed the Commissioners that he received a copy of the Detention Center audit that was done by the Department of Safety & Correctional Services. Commissioner Snook indicated that he received notification from the Governor that the Board of Public Works has approved a $650,000 grant for the inter -connector for the sewer line. He distributed a letter he received from Leadership Maryland regarding retention and recruitment of quality teachers. Commissioner Snook stated that he received notification from the Department of the Environment that the sewage sludge disposal permit for the Rhoton farm has been modified to allow an additional company to dispose of material on the site. Commissioner Snook asked that the Howard estate be recognized for its bequest to the Black Rock Golf Course. He stated that he testified at the public hearing in support of the foreign -trade zone. He reported that he presented a proclamation to the Maryland Symphony congratulating them on the beginning of their 20th season. He also attended the open house for the new YMCA. REPORTS FROM COUNTY STAFF Alan Davis, Director of Human Resources, reported on the Safety Committee meeting. He stated that he and his staff would be meeting on a monthly basis with employees at different locations regarding concerns over health insurance and benefits. Mr. Davis informed the Commissioners that he would be attending a session sponsored by the Local Government Insurance Trust regarding "reasonable suspicion" drug testing. He stated that he hopes to have a proposal on gain sharing to the Commissioners for their review by mid-November. Mr. Davis informed the Commissioners that the County is sponsoring a training session on diplomacy and tolerance in the workplace. OCTOBER 23, 2001 PAGE TWO Gary Rohrer, Director of Public Works, stated that he met with Joe Kroboth, Emergency Services Director, to address operational concerns. He informed the Commissioners that the water and sewer flow diversion begins today from the Nicodemus plant to the Conococheague domestic treatment plant. He indicated that he met with the Director of Solid Waste Management regarding ways to address household hazardous waste. Mr. Rohrer stated that the Engineering Department sent out a courtesy letter on the new stormwater management regulations. He provided an update on road reclamation projects. Mr. Rohrer informed the Commissioners that the Maryland Historic Trust approved the cemetery relocation at the Forty West landfill. Debra Bastian, Director of Finance, informed the Commissioners that Lisa Kalkbrenner started work as the new Gaming Director. She stated that she has a meeting next week regarding the purchasing card. Ms. Bastian indicated that she hopes to meet with the bond rating agencies in February. She informed the Commissioners that staff will begin meeting this week on the revenue projections in order to plan any modifications that may be needed. Robert Arch, Director of Planning & Community Development, stated that the Planning Commission is meeting to review the revised Comprehensive Plan. He provided an update on the Program Open Space program. He also provided an update on the MPO meeting. Mr. Arch stated that he has made arrangements for the Commissioners to visit the Gods & Generals film set. Ron Whitt, Director of the Information Technologies Department, provided an update on the new telephone system. He stated that the preliminary work will begin in mid-to-late November and the installation of hardware is scheduled for December 3. BID AWARD - HALFWAY BOULEVARD EXTENDED Motion made by Commissioner Swartz, seconded by Schnebly, to award the bid for the construction of Halfway Boulevard Extended to P & W Excavating, Inc., which submitted the low responsive, responsible bid of $2,056,213.40. Unanimously approved. EARLY INTERVENTION PROGRAM Diane Sanford, Director of the Washington County Early Intervention Program, and Fanny Crawford, Co -Chair for the Local Interagency Coordinating Council, met with the Commissioners regarding the Program. They explained that the program provides services to infants and toddlers with disabilities and their families. Ms. Crawford informed the Commissioners that eligibility is based upon a diagnosed physical or mental condition, atypical development or behavior, or a 25% delay in any domain. Ms. Sanford stated that the program provides a single point of entry for referrals. The Program also provides an assessment of strengths, needs and priorities of the child and a written plan for the provision of early intervention services. She informed the Commissioners that the three primary agencies for referrals are the Board of Education, Department of Social Services, and the Health Department. Bernardo Gomez related his experiences with the program from a parent's perspective. Ms. Sanford requested that the Commissioners send a letter to the State in support of their request for additional State grant funding. The Commissioners agreed to comply with the request and also to discuss it with the local Delegation to the General Assembly at their meeting with them. REVISED SEWER FLOW AGREEMENT WITH CITY OF HAGERSTOWN Greg Murray, Director of the Water & Sewer Department, reviewed the revised Joint Resolution Amending the Consolidated General Service Agreement that was modified to incorporate the transfer of flows. Mr. Murray stated that this version was presented and recommended by the Joint City/County committee on water and wastewater issues on April 17, 2000 and was agreed upon by City and County governments in a Memorandum of Understanding titled "Joint City -County Growth Plan" dated November 21, 2000. He explained that interconnection of existing City/County systems allows for utilization of all infrastructure to support new planned growth and provides benefits to both the City and County. Mr. OCTOBER 23, 2001 PAGE THREE Murray stated that funding for the project has been approved by the State for the interconnection. Commissioner Iseminger commended both City and County staff for their efforts. Rick Thomas, Director of the City's Water Pollution Control Department, stated that the Mayor and Council are prepared to approve a slightly different version of the agreement. Motion made by Commissioner Schnebly, seconded by Swartz, to adopt the Joint Resolution of the Board of County Commissioners of Washington County, Maryland and the Mayor and Council of the City of Hagerstown Amending the Consolidated General Service Agreement to incorporate the transfer of flows as it was presented on April 17, 2000. Unanimously approved. CITIZENS PARTICIPATION William Peters spoke in support of the proposed text amendment on the definition of truck stops. COUNTY ADMINISTRATOR'S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the meeting with the local delegation to the General Assembly has been confirmed for November 15. He reminded the Commissioners of the Greater Hagerstown Committee meeting scheduled for October 26. UPDATE - BIO -TERRORISM TASK FORCE Bill Christoffel, Health Officer, Dr. John Newby, Infectious Disease Control Officer for the Washington County Hospital, and Joe Kroboth, Emergency Services Director, appeared before the Commissioners as members of the Bio -Terrorism Task Force to provide an update on their meetings. Mr. Christoffel stated that the group established a protocol on how to respond to the recent anthrax threats. He stated that a bio -terrorism plan is in place. Dr. Newby informed the Commissioners that they were charged with the responsibility of bringing preparedness to a level that could deal with any events in the community. He also reviewed some of the other types of bacteria that could be used as weapons of bio -terrorism. Mr. Kroboth provided an update on the activities and responsibilities of the Special Operations unit. GRANT AGREEMENT - MARYLAND AVIATION ADMINISTRATION Motion made by Commissioner Schnebly, seconded by Swartz, to approve a grant agreement with the Maryland Aviation Administration for $1,231,898 for the rehabilitation of Runway 2/20. Unanimously approved. COUNTY ATTORNEY ISSUES John Martirano, Assistant County Attorney, informed the Commissioners that the Animal Control Authority would hold its first set of hearings tomorrow night. RE/APPOINTMENTS - HISTORIC DISTRICT COMMISSION Motion made by Commissioner Swartz, seconded by Schnebly, to reappoint Michael Gehr and Frank Artz to the Historic District Commission for three-year terms and to appoint Merry Stinson, Carla Viar, Donald Corbett and Eleanor Lakin for three-year terms. Unanimously approved. REAPPOINTMENTS - AGRICULTURAL EDUCATION CENTER BOARD OF nTRF'("TnPQ Motion made by Commissioner Swartz, seconded by Iseminger, to reappoint John Staub, Ben Clopper, Frank Newcomer and Jeffrey Poffenberger to the Agricultural Education Center Board of Directors for three-year terms. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Swartz, seconded by Schnebly, to convene in closed session at 11:15 a.m. 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 REGULAR SESSION Motion made by Commissioner Schnebly, seconded by Wivell, to reconvene in open session at 11:48 a.m. Unanimously approved. OCTOBER 23, 2001 PAGE FOUR In closed session, the Commissioners 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; Paul Prodonovich, Zoning Administrator; Stephen Goodrich, Chief Senior Planner; and Robert Arch, Director of Planning & Community Development. RECESS - LUNCHEON WITH BOARD OF TRUSTEES OF HAGERSTOWN COMMUNITY COLLEGE The Commissioners recessed at 11:48 a.m. in order to attend a luncheon with the Board of Trustees of Hagerstown Community College at the College. AFTERNOON SESSION The afternoon session was called to order at 1:56 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. TEXT AMENDMENT RZ-01-006 Richard Douglas, County Attorney, reviewed proposed text amendment RZ-01-006 to the Zoning Ordinance concerning the definitions for truck stops and truck terminals. Mr. Wivell read a prepared statement and expressed his concerns with the perceived ambiguities in the definitions since the Planning staff and legal staff cannot agree on them. He also stated that he is concerned with retro -active law making. Commissioner Iseminger indicated that the text of the amendment is patterned after ones used in Baltimore and Frederick Counties and that he is comfortable that it will accomplish its purpose. Motion made by Commissioner Swartz, seconded by Iseminger, to approve Text Amendment RZ-01-006 repealing Sections 28.72 and 28.81 and enacting new Sections 28.702 and 28.81 in the Zoning Ordinance with regard to the definition of truck stops and truck terminals, finding that the amendment is compatible with the Comprehensive Plan. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Swartz, seconded by Wivell, to convene in closed session at 2:23 p.m. to discuss personnel issues, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Iseminger, seconded by Schnebly, to reconvene in open session at 3:53 p.m. Unanimously approved. In closed session, the Commissioners discussed five (5) personnel issues. 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 Paul Prodonovich, Director of Permits & Inspections. ADJOURNMENT Motion made by Commissioner Schnebly, seconded by Swartz, to adjourn at 3:53 p.m. Unanimously approved. County Administrator County Attorney County Clerk