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HomeMy WebLinkAbout021022 October 22, 2002 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 County Administrator Rodney Shoop, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – OCTOBER 8, 15 & 17, 2002 Motion made by Commissioner Iseminger, seconded by Swartz, to approve the minutes of October 8, 15 and 17, 2002, as amended. Unanimously approved. PUBLIC HEARING – ADOPTION OF INDUSTRIAL PRETREATMENT ORDINANCE & FEES The Commissioners convened a public hearing at 9:58 a.m. in order to permit any resident to appear and testify concerning the proposed adoption of an ordinance entitled “Industrial Pretreatment Ordinance,” and the adoption of proposed pretreatment program permit fees. Greg Murray, Director of the Water & Sewer Department, explained that the ordinance would provide uniform requirements for users of Publicly Owned Treatment Works owned and/or operated by Washington County. Mr. Murray reviewed the process for delegation of authority from the State. He stated that the ordinance must be adopted and the fee schedule implemented before the State will delegate authority to a local agency. Mr. Murray indicated that the fees would be effective January 1, 2004. Joe Sutton, Pretreatment Manager, answered questions from the Commissioners. The meeting was then opened for public comment. There was no one present who wished to testify. Motion made by Commissioner Wivell, seconded by Iseminger, to adopt the Industrial Pretreatment Ordinance and the pretreatment program permit fees as presented. Unanimously approved. (A copy of the approved Ordinance is attached.) INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Assistant Director of Human Resources, introduced new County employee Chad Mullenix (Correctional Deputy). The Commissioners welcomed Deputy Mullenix and wished him well in his new position. PROCLAMATION – CHARACTER COUNTS! WEEK Commissioner Iseminger presented a proclamation to Carolyn Brooks, Director of Character Counts!, and Tim Berry, member of the Board of Directors, designating the week of October 20-26, 2002 as Character Counts! Week and encouraging citizens, schools, businesses and government to support the program. The Board recognized the six pillars of character taught by the program: trustworthiness, respect, responsibility, fairness, caring, and citizenship. Ms. Brooks thanked the Commissioners for the proclamation and their support and provided a brief history of the program. CITIZENS PARTICIPATION John Himes asked the Commissioners for the status of the application to rezone property near his home. Commissioner Snook informed him that the applicant amended the request and that it will be heard at the next hearing that is scheduled for January. Commissioner Swartz also informed him that the Transportation Advisory Committee would consider the request that a traffic signal be installed at U.S. Route 340 and Valley/Keep Tryst Road at its November meeting. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Iseminger stated that he attended a candidate forum sponsored by the Chamber of Commerce, a meeting of the South County Democratic Club, the opening ceremonies for the Sister City delegation, and the Lions’ Club pancake breakfast. He also reported on the Planning Commission meeting. Commissioner Iseminger stated that Washington County received $1.8 million from the Board of Public Works for the Rural Legacy Program, which is more than was requested. He thanked Eric Seifarth, OCTOBER 22, 2002 PAGE TWO Farmland Preservation Planner, for administering an outstanding program that is respected throughout the State. Mr. Seifarth displayed a map showing the areas in the County that have preservation easements on them. Commissioner Wivell reported that a meeting is to be scheduled between the Humane Society and volunteer shelter groups. He stated that he spoke to Andy Smith of Brothers United Who Dare to Care regarding their request for funding. Commissioner Snook informed him that they are scheduled on next week’s agenda. Commissioner Wivell reported on the Antietam Battlefield Advisory Committee meeting and the Sister City celebration. He informed the Commissioners that Louise Snodgrass has announced her write-in campaign for State delegate. Commissioner Schnebly reported that he hosted a citizen from Wesel, Germany at his home who was visiting the area as part of the Sister City program. Commissioner Swartz reported on the Commission on Aging meeting. Commissioner Snook reminded the Board of the arrangements for the Alsatia Club Mummers parade on November 2. He stated that the Maryland Board of Public Works approved the County’s request for Program Open Space funds for tennis court improvements. Commissioner Snook distributed information provided at the public hearing held by the State Highway Administration regarding improved signalization at Huyetts Crossroads. He also reported on the Foreign Trade Zone Commission meeting and the Sister City festivities. REPORTS FROM COUNTY STAFF Debra Bastian, Director of Finance, reported on the changes in the audited financial statement that was implemented for FY 2002. Gary Rohrer, Director of Public Works, informed the Board that Leiters Mill Road would be closed for the replacement of the culvert. He stated that the culvert projects on Hells Delight Road and Falling Waters Road should be completed by the end of the week. Mr. Rohrer indicated that he met with members of the Historic Advisory Committee regarding their concerns about stone-arch bridges. Joe Kroboth, Emergency Services Director, met with radio broadcasters who are part of the emergency alert system to review procedures. He informed the Commissioners that Clyde Harris, Co-Chair of the Local Emergency Planning Committee, has resigned. Mr. Kroboth stated that the Shift Supervisor positions have been filled. He stated that the Bioterrorism Coalition will meet later this week, and the Emergency Service Advisory Council meets on October 28. Mr. Kroboth informed the Commissioners that a captain of a New York City fire company would be in the County on October 26 to discuss the events at the World Trade Center. Robert Arch, Director of Planning & Community Development, informed the Commissioners that a grant was received for the Civil War Heritage Area Program from the American Battlefield Program. He provided information on the Hopewell Road sewer interceptor project funded by the Appalachian Regional Commission. Mr. Arch stated that a letter has been sent to municipalities regarding Program Open Space projects. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, stated that the night meeting would be held in Clear Spring next week if a facility with adequate space is available. He informed the Commissioners that measures have been put into place to help with the backlog at the Permits & Inspections Department. Mr. Shoop informed the Commissioners that the County team raised $530 in the Alzheimers Memory Walk. APPOINTMENT – FOREIGN TRADE ZONE COMMISSION Motion made by Commissioner Swartz, seconded by Schnebly, to appoint Deborah Everhart to the Foreign Trade Zone Commission representing the City of Hagerstown to fill the vacancy created by the resignation and retirement of Richard Kautz. Unanimously approved. OCTOBER 22, 2002 PAGE THREE APPOINTMENT – HOUSING REHABILITATION LOAN COMMITTEE Motion made by Commissioner Iseminger, seconded by Swartz, to appoint Patricia McMillian to the Housing Rehabilitation Loan Committee. Unanimously approved. APPOINTMENT – MENTAL HEALTH AUTHORITY Motion made by Commissioner Swartz, seconded by Iseminger, to appoint Pastor Haru Carter, Jr., to the Mental Health Authority Board of Directors to fill the unexpired term of Rev. Yvonne Mercer-Staten. Unanimously approved. COUNTY ATTORNEY ISSUES John Martirano informed the Commissioners that he received the deed from the Board of Education for the site of the new Smithsburg branch library. TEXT AMENDMENT TO THE ZONING ORDINANCE – RZ-02-004 Commissioner Wivell was excused at 11:21 a.m. from the meeting since he is employed by a company related to the corporate applicant. Richard Douglas, County Attorney, briefly reviewed text amendment RZ-02-004 and the changes that were recommended by the Planning Commission. Motion made by Commissioner Iseminger, seconded by Swartz, to adopt zoning text amendment RZ-02-004, amending the text of the Zoning Ordinance to create a new zoning district entitled “Office, Research and Technology” District, and amendments to Articles 4 and 28 in order to implement the new zoning district with some of the changes recommended by the Planning Commission and County Commissioners. Motion carried with Commissioners Iseminger, Schnebly, Swartz, and Snook voting “AYE.” MAP AMENDMENT RZ-02-007 – THE POTOMAC EDISON COMPANY Richard Douglas, County Attorney, reviewed map amendment RZ-02-007, submitted by The Potomac Edison Company and others, to rezone the subject property from Planned Industrial (PI) and Agricultural (A) to Office, Research & Technology (ORT). Mr. Douglas stated that the Planning Commission has recommended that the rezoning be granted. 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 Swartz, 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 Swartz, to find that there has been a substantial change in the character of the neighborhood in which the subject property is located based on the following reasons: 1) The Planning staff report of October 4, 2002. 2) The construction of the Downsville Pike interchange including improvements to Downsville Pike and an increase in traffic. 3) Construction of an oversized water and sewer system to serve anticipated development around the general office site. 4) Conversion of a farmhouse and associated building to a corporate office and equipment garage for a major contracting business, Callas Contractors. 5) Establishment of the Urban Growth Area boundary to include this neighborhood. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Swartz, that there has been a convincing demonstration that the proposed rezoning from Planned Industrial (PI) and Agricultural to Office, Research & Technology (ORT) would be appropriate and logical for the subject property based on the staff report and recommendation of the Planning Commission and the newly adopted Office, Research & Technology district that closely mirrors existing zoning and proposed uses. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Swartz, based upon the previous motions for rezoning case RZ-02- 007, that the proposed rezoning OCTOBER 22, 2002 PAGE FOUR from Planned Industrial (PI) and Agricultural to Office, Research & Technology is granted. Unanimously approved. RECESS – LUNCH The Commissioners recessed at 11:40 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 12:50 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. STATUS OF WIRELESS INFRASTRUCTURE UPGRADE Pete Loewenheim, Manager of the Communications Maintenance Department, met with the Commissioners to provide an update on the State’s wireless infrastructure upgrade. Mr. Loewenheim provided an overview of the County’s existing system. Ed Ryan, Assistant Director of the Telecommunications Division of the Maryland Department of Budget & Management, informed the Commissioners that the State has been upgrading its communications system statewide. The project includes upgrades to existing tower sites and communications equipment that is shared with the Washington County government. They hope to replace the existing fire tower on Lambs Knoll and also install a 330- foot tower at a State Highway Administration facility. Mr. Ryan stated that this would be a needed link in the microwave system to connect Western Maryland. Mr. Ryan explained that the equipment and its location are critical to provide emergency and general local government services to Western Maryland. The project has been delayed in Washington County as a result of requests to the Governor and Federal Communications Commission by the Harper’s Ferry Conservancy. He stated that he hopes to know in the near future whether it will be approved. RECOMMENDATION – OPEN-AIR BURNING BAN Laurie Bucher, Director of the Environmental Health Division of the Washington County Health Department, recommended that the Commissioners lift the ban on open-air burning in Washington County. Ms. Bucher indicated that the State has lifted its burn ban. Joe Kroboth, Emergency Services Director, asked that the public use common sense, in an attempt to discourage open burning, and to be prepared if the fire gets out of control. Motion made by Commissioner Wivell, seconded by Schnebly, to remove the local burn ban as recommended by the Drought Committee and in conjunction with the State’s decision to lift its ban. Unanimously approved. HAGERSTOWN REGIONAL AIRPORT ACQUISITION PROJECT Motion made by Commissioner Schnebly, seconded by Swartz, to approve the purchase of the an aviation easement over property located at 14621 Pennsylvania Avenue, Hagerstown, Maryland, owned by Tina Miller for $19,800. The cost of the purchase would be reimbursed by the Federal Aviation Administration (90%) and by the State Aviation Administration (5%). Unanimously approved. SALE OF SURPLUS PROPERTY – WILLIAMSPORT INDUSTRIAL PARK Motion made by Commissioner Swartz, seconded by Schnebly, to approve the sale of 2.13 acres of surplus property located in the Williamsport Industrial Park on Prosperity Lane to SUPERVALU Holdings, Inc. for $31,950. Unanimously approved. ECONOMIC DEVELOPMENT COMMISSION (EDC) – QUARTERLY UPDATE Tim Troxell, Acting Director of the EDC, and Cassandra Latimer, EDC Marketing Director, met with the Commissioners to provide a general economic overview and an update on EDC projects and events. Mr. Troxell provided information on the unemployment rates in the four-state area and noted that Washington County’s rate was 3.9% in August, the State’s was 4.2% and the national rate was 5.7%. He reviewed the seven leading indicators that are tracked to provide information on the economy in the State. Mr. Troxell stated that manufacturing activity has OCTOBER 22, 2002 PAGE FIVE declined, specialty and residential construction is showing growth, and heavy construction is down. He informed the Commissioners that because of the County’s diversified economic base, client activity remains strong. Ms. Latimer reported on the Maryland Advantage Program for business retention. She indicated that they have developed a list of companies in Washington County that they are going to contact in the near future regarding their business needs. Ms. Latimer stated that a goal of the EDC is to meet with half of the companies on the list by July. She also reported on the upcoming business awards reception and the Celebration of Business event. Ms. Latimer provided copies of the new quarterly newsletter entitled “Intersections.” She stated that it has met with good reviews. Ms. Latimer also informed the Commissioners that the “Choices in College and Careers” event is scheduled for November 11 and this year an essay contest would be included and four $500 scholarships will be awarded to the winners. Mr. Troxell reported on the results for the under- employment study that was funded through the Tri-County Council. Ms. Latimer provided information on the target market analysis that will be undertaken to update marketing efforts. She stated that they would then target the top ranked businesses. Mr. Troxell and Ms. Latimer also provided updates on the Foreign Trade Zone and the enterprise zones. CONVENE IN CLOSED SESSION Motion made by Commissioner Swartz, seconded by Schnebly, to convene in closed session at 2:24 p.m. to discuss a personnel matter, consult with counsel to obtain advice, consult with staff about potential litigation, consider a proposal for a business or industrial organization to locate, expand, or remain in the State, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. (Commissioner Swartz was excused from the meeting at 3:40 p.m.) RECONVENE IN OPEN SESSION Motion made by Commissioner Schnebly, seconded by Wivell, to reconvene in open session at 4:07 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter, consulted with counsel to obtain legal advice on two (2) issues, considered proposals for businesses or industrial organizations to locate, expand, or remain in the State, and consulted with staff, consultants or other individuals about potential litigation. 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; Robert Arch, Director of Planning & Community Development; Tim Troxell, Cassandra Latimer, Sonja Hoover, and Linda Spence, Economic Development Commission (EDC) staff members, and EDC Board members Charles Shindle and Doug Wright. APPOINTMENTS - AIRPORT ADVISORY COMMISSION Motion made by Commissioner Wivell, seconded by Schnebly, to appoint Spence Perry and Gordon Crabb to the Airport Advisory Commission for three-year terms. Unanimously approved. ADJOURNMENT Motion made by Commissioner Iseminger, seconded by Wivell, to adjourn at 4:08 p.m. Unanimously approved. , County Administrator OCTOBER 22, 2002 PAGE SIX , County Attorney ___________________________, County Clerk