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July 30, 2002
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 9:15 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 Swartz, followed by
the Pledge of Allegiance to the Flag by the full assemblage.
APPROVAL OF MINUTES – JULY 23, 2002
Motion made by Commissioner Iseminger, seconded by Schnebly, to
approve the minutes of July 23, 2002, as amended. Unanimously
approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Swartz informed the Commissioners that he attended
meetings to develop campaign strategies for Kathleen Kennedy-
Townsend and met with House Speaker Casper Taylor. He stated
that he met with the Hancock Development Corporation and also
met with residents of the Summerlin development regarding their
concerns. Commissioner Swartz commended the Information
Technologies (IT) Department for organizing the County
employees’ annual picnic. He stated that he would like
information on the funding for the summer concert series at
PenMar Park.
Commissioner Schnebly reported on a meeting regarding the runway
extension project. He stated that he met with the Economic
Development Commission subcommittee on urban issues.
Commissioner Schnebly informed the Commissioners that he filmed
a public service announcement for the Board of Education. He
stated that he also attended the County picnic.
Commissioner Wivell reported on the meetings of the Solid Waste
Advisory Committee and the Water & Sewer Advisory Committee. He
also expressed his thanks to the IT Department for organizing
the County picnic.
Commissioner Iseminger stated that he met with the Airport
Manager regarding marketing issues at the Airport. He informed
the Commissioners that he met with City Council member Penny
Nigh regarding the sewer allocation policy. Commissioner
Iseminger reported on the meetings of the Emergency Services
Council and the Wellness Committee. He stated that he attended
the County picnic and the public hearing on the State’s proposal
to construct a new communications tower.
Commissioner Snook asked for information on the State Highway
Administration’s plan to install a traffic signal at the
intersection of Longmeadow Road and Leitersburg Pike. He
informed the Commissioners that they would be receiving an
invitation to the opening of the Civil War Trails in September.
REPORTS FROM COUNTY STAFF
Joe Kroboth, Emergency Services Director, informed the
Commissioners that the Emergency Services Council discussed the
distribution of State 508 funding and agreed that the funds
should continue to be equally distributed among all companies.
He stated that the emergency operations center was partially
activated last week due to the plane crash on Fairview Mountain.
Mr. Kroboth reported that his quarterly meeting with Community
Rescue Service (CRS) representatives was held last week and that
CRS finished the year in a positive cash position. He stated
that he testified at a public hearing on the closing of the
trauma center at Washington County Hospital. Mr. Kroboth
informed the Board that he had been invited to participate on
the Trauma Center Task Force. Kroboth noted that he would be
meeting with the Maryland Emergency Management Agency
representatives later this week.
Robert Arch, Director of Planning & Community Development,
stated that he is working with CHIEF to finalize the contract
language on the Economic Development Administration grant for
Halfway Boulevard Extended. Mr. Arch also provided an update on
th
the 140 re-enactment of the Battle of Antietam scheduled in
September.
JULY 30, 2002
PAGE TWO
Debra Bastian, Director of Finance, informed the Commissioners
that the auditors would begin next week. She stated that she
would be meeting with the City Finance Director on the tax
differential model and that the Gaming Commission is now holding
workshops on its annual distribution.
Alan Davis, Director of Human Resources, stated that he is
preparing information for the actuarial report. He informed the
Commissioners that MacKay Shields is scheduled on the agenda for
August 20 to give an update on investments and the LOSAP
program.
APPOINTMENT – BOARD OF ZONING APPEALS – ALTERNATE
Motion made by Commissioner Swartz, seconded by Iseminger, to
appoint Thomas Oyster to the Board of Zoning Appeals as an
alternate for a three-year term. Unanimously approved.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Attorney, informed the Commissioners that
next week there would be a brief session in the morning followed
by a trip to the Agricultural Education Center for the Ag Expo.
APPROVAL OF BUDGET TRANSFER – HAGERSTOWN COMMUNITY COLLEGE
Motion made by Commissioner Schnebly, seconded by Swartz, to
approve the budget transfer requested by Hagerstown Community
College (HCC) for $120,000 to be used for close-out of the
Library Conversion project with funds to be transferred from the
following projects: Renovation of the Administration Building
($112,800) and the Learning Resource Center project ($7,200).
The Commissioners requested that they receive an update on HCC’s
capital projects at a later date. Unanimously approved.
CITIZENS PARTICIPATION
Mike Mowen appeared before the Commissioners to express concerns
about the debris and flooding that occurs since the construction
began at the church adjoining his property on Brookfield Avenue.
Commissioner Snook informed Mr. Mowen that he would have the
County Engineer contact him to review the situation and discuss
what could be done to resolve the problem.
Nelson Smith, also a resident of Brookfield Avenue, distributed
pictures and copies of correspondence he received from the
pastor of Emmanuel Baptist Temple in his attempts to resolve the
drainage issues. Terry McGee, County Engineer, arrived at the
meeting and agreed to meet with Mr. Mowen and Mr. Smith to
review their information and make a recommendation.
Willie Conyers, President of the Board of Directors of Memorial
Recreation Center, thanked the Commissioners for the funding
they received. He also thanked them for the repairs made to the
North Street Center facility.
LAND ACQUISITION APPROVALS – AVIGATION EASEMENT AND MAUGANS
AVENUE REALIGNMENT PROJECT
Motion made by Commissioner Schnebly, seconded by Swartz, to
approve the avigation easement of .85 acres from Bobby and
Saundra Jones for $11,500 for property located at 14629
Pennsylvania Avenue, in order to meet FAA runway protection zone
requirements. Unanimously approved
Motion made by Commissioner Iseminger, seconded by Schnebly, to
purchase the Hatfield property located at 18620 Maugans Avenue
at a cost of $115,000, which is needed for the Maugans Avenue
realignment project, with the provision that the lot be resold
in the future consistent with the road improvement plans and
that there is a review by staff regarding whether the house
should be rented. Unanimously approved.
WORKSHOP – COMPREHENSIVE PLAN
Robert Arch, Director of Planning & Community Development, met
with the Commissioners to discuss the comments made at the
recent public hearing on the proposed revisions to the
Comprehensive Plan. Mr. Arch provided an overview of the
comments made at the hearing and the written comments
JULY 30, 2002
PAGE THREE
that were submitted. He also provided individual map changes
that were requested and changes in the Urban Growth Area
boundaries. The Commissioners discussed the State’s position on
Smart Growth principles and the financial incentives involved.
Mr. Arch described the process that would be used to amend
documents such as the Zoning Ordinance, Adequate Public
Facilities Ordinance, and Subdivision Ordinance. He stated that
the changes would be made concurrently with the adoption of the
revised Comprehensive Plan. He estimated that it would take a
year or more to implement the Plan. Mr. Arch explained that the
Comprehensive Plan is a planning tool for the vision of the
County and is not a static document.
Commissioner Swartz asked about implementing a moratorium on
development until the Plan is finalized. Mr. Arch stated that
there is validity to that suggestion, but recommended that the
moratorium be limited to non-processing of major subdivisions in
the rural areas. He indicated that his staff was discussing the
possibility of offering low-interest loans to farmers to assist
them. Commissioner Schnebly stated that he met with Senator
Haines from Carroll County regarding how the changes in
densities would affect agricultural land values. He indicated
that the Senator stated that Carroll County’s plan is more
restrictive and has had little effect on land values. The
Commissioners agreed to schedule time on the August 20 agenda to
hold another workshop meeting to discuss the Plan and individual
map changes that were requested.
ZONING ORDINANCE TEXT AMENDMENT RZ-02-002 – ANIMAL CONTROL
Richard Douglas, County Attorney, briefly reviewed text
amendment RZ-02-002. Commissioner Wivell stated that he
listened to the tape of the hearing since he was not present.
Motion made by Commissioner Iseminger to adopt zoning text
amendment RZ-02-002, to amend and add certain provisions to the
Zoning Ordinance and to reenact said Ordinance with the changes
relating to its text. The Amendment would create a new
definition and adding and deleting existing verbiage in the
Ordinance in relation to dog kennels and the number of dogs
allowed per household before a kennel license is required, pet
shops, farm animals, animal hospitals, and the acreage and
setback requirements for each. Motion died for lack of a
second.
RECESS – LUNCH
The Commissioners recessed at 12:15 p.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:10 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.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Iseminger, seconded by Schnebly, to
convene in closed session at 1:10 p.m. to discuss personnel
issues 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 Swartz, seconded by Schnebly, to
reconvene in open session at 3:21 p.m. Unanimously approved.
In closed session, the Commissioners discussed four (4)
personnel matters and consulted with counsel to obtain legal
advice on two (2) 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; Debra Bastian, Director of
Budget & Finance;
JULY 30, 2002
PAGE FOUR
Lisa Kalkbrenner, Gaming Director; and Deborah Murphy, Mary
Ellen Waltemire, Terry Reiber, William McKinley, Orlyn
Oestereich, Deiter H.B. Protsch, and Kim Kidd, members of the
Gaming Commission.
ADJOURNMENT
Motion made by Commissioner Iseminger, seconded by Wivell, to
adjourn at 3:21 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________,
County Clerk