Loading...
HomeMy WebLinkAbout030826 August 26, 2003 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 1:00 p.m. by President Gregory I. Snook with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. APPLICATION FOR REZONING (RZ-03-001) – SYLVIA AND WILLIAM MARTIN Commissioner Snook stated that a letter from William C. Wantz, attorney for Sylvia and William Martin, had been received on August 25, 2003, requesting that the application in case RZ-03- 001 be removed from the agenda and referred back to the Planning Commission for consideration of the appropriate density of single-family residential development, which may be established by the attachment of a condition to a rezoning. Richard Douglas, County Attorney, advised the Board that the Zoning Ordinance allows the attachment of conditions to the granting of a rezoning. The Planning Commission would then make a recommendation on the proposed density to the Commissioners. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the request made by the applicants to refer case RZ-03- 001 back to the Planning Commission for consideration of an appropriate density for the single-family residential development. Unanimously approved. APPROVAL OF GRANT FUNDS FOR STABILIZATION OF FRENCH LANE HOUSE Stephen Goodrich, Interim Director of Planning & Community Development, reviewed the conditions of the Maryland Historical Trust (MHT) grant for stabilization of the French Lane house. Mr. Goodrich informed the Board that one of the conditions of accepting funds from the MHT is that an easement would be placed on the property with the agreement that any future rehabilitation or repairs would conform to their standards. The Commissioners directed Mr. Goodrich to ask the MHT to include a clause in the grant agreement that, if the County chooses to repay the grant funds, it would be released from this condition. Mr. Goodrich also reviewed the status of the curatorship proposals for the property. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the acceptance of a $12,500 grant from the Maryland Historical Trust for the stabilization of the French Lane farm house with the stipulation that the Trust agree to remove the easement if the County repays the funding at some future time. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” FUNDING REQUEST – COMMISSION ON AGING Dr. Frederick Otto, Executive Director of the Commission on Aging, and William Beard, member of the Board of Directors, met with the Commissioners to request supplementary funds of $20,000 to permit them to provide a two-percent salary adjustment for the Commission on Aging staff. Dr. Otto informed the Board that the Commission has made a number of reductions to maintain the level of services to seniors. He stated that he recognizes the downturn in the economy and the State’s financial dilemma. Mr. Beard stated that the organization has over 400 volunteers. The Commissioners discussed the request and informed Dr. Otto that funding for all non-profit organizations remained the same in the FY 2004 budget and that it would not be fair for them to increase the funding for one agency. Motion made by Munson, seconded by Wivell, to deny the request made by the Commission on Aging for $20,000 in additional funding in the FY 2004 budget. Unanimously approved. CONTRACT AWARD – LANDFILL INSPECTION SERVICES Motion made by Commissioner Nipps, seconded by Munson, to award the contract for landfill inspection services to Cumberland Geotechnical Consultants, Inc. based on the following proposal: Construction Inspector – Hourly rate (straight time) - $35, hourly rate (overtime) - $35; and Senior Construction Inspector – Hourly rate (straight time) - $39, hourly rate (overtime) - $39. Unanimously approved. AUGUST 26, 2003 PAGE TWO BID AWARD – JANITORIAL SERVICES FOR WASHINGTON COUNTY OFFICE BUILDINGS Motion made by Commissioner Munson, seconded by Wivell, to award the contract for janitorial services for Washington County Office Buildings under Option 1 to Global Services Corp. in the amount of $112,363.72 for Location Nos. 1 through 4 and Location No. 5 for $11,251, and to Kaleidoscope Cleaning in the amount of $2,880 for Location No. 6. Unanimously approved. HAGERSTOWN-WASHINGTON COUNTY ECONOMIC DEVELOPMENT COMMISSION’S STRATEGIC PRIORITIES Tim Troxell, Executive Director of the Economic Development Commission (EDC), and Peggy Bushey, President of EDC Board presented the strategic priorities developed at its planning retreat held on July 21, 2003. Ms. Bushey reviewed the EDC’s Vision and Mission Statements. The following strategic priorities were adopted by the EDC: 1) Assist and retain existing businesses. 2) Facilitate workforce development partnerships. 3) Support the City of Hagerstown in its economic development objectives. 4) Finalize and implement the marketing plan. 5) Identify infrastructure needs and opportunities for future development. 6) Investigate future governing structure and funding sources for the EDC. The meeting was then opened for discussion and questions. Commissioner Snook stated that the Commissioners asked the City of Hagerstown to prioritize its funding requests and asked the EDC for their input on the best use of the funds. He thanked the EDC members in attendance for their time and service. ENGINEERING REVIEW FEES Gary Rohrer, Director of Public Works, met with the Commissioners to review the proposed review fees for the Engineering Department. Mr. Rohrer explained that the proposed fees would cover the actual costs of services provided by the Department. He stated that the Commissioners postponed action on July 15 and requested additional information. Mr. Rohrer reviewed the information provided by the Homebuilders Association regarding the cost of the additional fees. He noted that the Board approved the addition of two new positions in the Engineering Department with the understanding that the revised fee structure would support the costs. The meeting was then opened for questions and discussion. The Commissioners asked for more detailed information on the revenues which would be generated and asked that time be scheduled on the agenda to review this information. AMENDMENTS TO TIP JAR REGULATIONS OF THE WASHINGTON COUNTY GAMING OFFICE Richard Douglas, County Attorney, reviewed the proposed amendments to the tip jar regulations that were heard at the public hearing on August 19. Mr. Douglas stated that members of the Washington County Delegation to the General Assembly have indicated that they will introduce a bill in their next session to clarify the intent of the original legislation. Commissioner Kercheval indicated that he believes the Commissioners should wait until the Delegation clarifies the language before adopting the proposed amendments. Motion made by Commissioner Munson, seconded by Nipps, to approve the following amendments to the Regulations of the Washington County Gaming Office: 1) Preserve intent of statutory prohibition against wholesaler’s licenses being held by tip jar operators by expanding the class of persons excluded from holding a wholesaler’s license to controlled entities and members of immediate families of such persons. 2) Preserve intent of the same provision by not allowing a wholesaler’s license to be held by an entity owned largely by tip jar operators. 3) Require seal cards to be imprinted with the manufacturer’s serial number. 4) Change the name of the regulations to more clearly reflect the purpose. 5) Clarify that the Gaming Office is directed by the Board of County Commissioners. 6) Update statutory references to the gaming law. Motion carried with Commissioners Munson, Nipps, Wivell, and Snook voting “AYE” and Commissioner Kercheval voting “NO.” ACTIVITY CENTER PROGRAM – ASSOCIATION FOR RETARDED CITIZENS (ARC) AND REPAYMENT OF LOAN Robert DeHaven, Executive Director of the Association for Retarded Citizens (ARC of Washington County), appeared before the Commissioners to provide a status of the Activity Center Program. He also presented them AUGUST 26, 2003 PAGE THREE with a check to repay the $50,000 loan that the Commissioners granted to them five years ago for the project. He thanked the Commissioners for supporting ARC and its projects through the years. RESOLUTION – ANNEXATION OF PROPERTY INTO THE TOWN OF KEEDYSVILLE Lee Brandenburg, Mayor of Keedysville, and Robert Kuczynski, Attorney for the Town, met with the Commissioners to request approval of a resolution for annexation of 30.4 acres of land into the corporate limits of Keedysville. Mr. Kuczynski explained that the request is from Mr. and Mrs. Ronald Milburn. At present, 24 acres of their property is located inside the corporate limits of Keedysville and 30.4 acres is located outside the Town. The current County zoning classification of the property is Agricultural. The Town has determined that it would assign the classification of Suburban Residential “SR” if the annexation were approved. The Keedysville Mayor and Council have voted to approve the request. The meeting was then opened for questions and discussion. Motion made by Commissioner Munson, seconded by Wivell, to approve the resolution granting approval of the proposed zoning classification in connection with the annexation of the Milburn property into the corporate limits of the Town of Keedysville. Unanimously approved. Mayor Brandenburg requested that recycling bin in Keedysville be relocated to the Highway Department’s Southern Section complex. The Commissioners agreed to contact Ted Wolford, Highways Superintendent, to determine if it is feasible to do so. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 3:24 p.m. to discuss a personnel matter that affects one or more specific individuals, consult with staff to discuss pending litigation, consult with counsel to obtain legal advice, consider the acquisition of real property for a public purpose and matters directly related thereto, consider matters that relate to collective bargaining negotiations, and consider a matter that concerns 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. RECONVENE IN OPEN SESSION Motion made by Commissioner Kercheval, seconded by Nipps, to reconvene in open session at 5:02 p.m. Unanimously approved. In closed session, the Commissioners discussed a personnel matter that affected one or more specific individual, consulted with counsel to obtain legal advice on three (3) matters, considered the acquisition of real property for a public purpose and matters directly related thereto, consulted with staff about pending or potential litigation, and considered matters that relate to collective bargaining negotiations. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present at various times were Rodney Shoop, County Administrator; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Ted Wolford, Highway Superintendent; William Sprague, Interim Director of Permits & Inspections; Gary Rohrer, Director of Public Works; and Terry McGee, Chief Engineer. RECESS The Commissioners recessed at 5:02 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 William J. Wivell and Commissioners James F. Kercheval, Doris J. Nipps, and John C. Munson. AUGUST 26, 2003 PAGE FOUR 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 – AUGUST 5, 7 AND 19, 2003 Motion made by Commissioner Nipps, seconded by Munson, to approve the minutes of the meeting of August 5, 7 and 9, 2003, as amended. Unanimously approved. PROCLAMATION – DISABLED AMERICAN VETERANS “FORGET ME NOT” MONTH Commissioner Munson presented a proclamation to Tony Pruchneiwski, representing of the Washington County Chapter of Disabled American Veterans (DAV), proclaiming the month of September 2003 as Disabled American Veterans Forget-Me-Not Month in Washington County and encouraging all citizens to join in their support of those who gave of themselves to protect and preserve our way of life. Mr. Pruchneiwski thanked the Commissioners for the proclamation on behalf of Chapter 14 of the DAV and commented on the generosity of the County’s citizens. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps stated that she attended the open house at th St. Lawrence Cement Company for its 100 anniversary. She also reported on the Airport Advisory Commission meeting. Commissioner Nipps informed the Commissioners that the Airport staff has requested a loan of $15,000 for the emergency roof replacement of T-hangar No. 1. She stated that this would permit the Airport to bid and complete the project before winter. Commissioner Munson reported that he attended the open house at St. Lawrence Cement Company. He asked that the staff at the Solid Waste Department investigate the possibility of providing tires to St. Lawrence Cement for incineration. Commissioner Munson also asked that the Commissioners endorse a request to the University of Maryland to remove the lease restrictions at the Agricultural Education Center to permit the winter storage of recreational vehicles (RVs) on the property. Commissioner Wivell stated that he is also attended the open house at St. Lawrence Cement Company and is interested in tire recycling. He informed the Commissioners that a task force is being formed to address the possible closing of the Potomac Center. The Commissioners designated Norman Bassett, Disabilities Coordinator, as their representative on the task force. Commissioner Kercheval reported on the Public Golf Corporation meeting. He stated that the Planning Commission received additional requests for rezoning of property. Commissioner Kercheval also reported that a newly-formed group is attempting to purchase a building downtown to establish a Cumberland Valley Cultural Heritage Center to house records for collections and those doing genealogical research. Commissioner Snook reported on the Emergency Services Council meeting. He stated that he received information from the Board of Education regarding the proposed changes to the Adequate Public Facilities Ordinance to include schools. APPROVAL OF LOAN – HAGERSTOWN REGIONAL AIRPORT Motion made by Commissioner Nipps, seconded by Kercheval, to loan $15,000 from the Capital Improvements Program (CIP) contingency fund to the Airport to allow them to proceed to replace the roof of T-hangar #1, to be repaid through the increase in hangar rental fees in FY 2005. Unanimously approved. PROPOSAL TO REMOVE LEASE RESTRICTION – AGRICULTURAL EDUCATION CENTER Motion made by Commissioner Munson, seconded by Wivell, to ask the University of Maryland to remove a lease restriction at the Washington County Agricultural Education Center to permit them to use the facility for winter storage of recreational vehicles on the property, with the stipulation that a public hearing be held before instituting the new policy. The Motion was denied with Commissioners Munson and Wivell voting “AYE” and Commissioners Kercheval, Nipps, and Snook voting “NO.” AUGUST 26, 2003 PAGE FIVE CITIZENS PARTICIPATION Dave Kendrick informed the Commissioners of problems that he and his neighbors are experiencing with a pit bull in his neighborhood. He stated that the dog has been declared “vicious and dangerous” and has bitten a child. Mr. Kendrick indicated that he has a petition to have the animal removed from its owner. Commissioner Wivell stated that the Humane Society was planning to file in District Court to have the dog removed from the premises. The Commissioners asked the County Attorney to check on the status of this action. Carrie Gouff, representing the Chewsville, Leitersburg, Smithsburg Athletic League (“CSL”), and Robin Biser, representing the Cascade Committee, met with the Commissioners to express their concerns about the Board of Education’s new policy to charge a fee for the rental of gymnasium space in schools. Commissioner Nipps explained that the Commissioners have no jurisdiction over the policies of the elected Board of Education and suggested that they bring their concerns to that Board. DISCUSSION OF LOCAL GOVERNMENT OPTIONS Evvie Williams and Linda Irvin-Craig, representing the League of Women Voters, and Art Callaham, Director of the Greater Hagerstown Committee, appeared before the Commissioners to discuss the findings of the recent task force formed to study the various options of local government organization in Maryland. Ms. Irvin-Craig provided information about the task force and its membership. She stated that the three forms of local government provided for in Maryland are the county commissioner, charter home rule, and code home rule. Ms. Williams reviewed the three forms of government and provided a comparison of the powers granted under each form. She stated that a change to the home rule form has been attempted twice in Washington County and was defeated by the voters on both occasions. Ms. Williams explained the various options and stated that she feels home rule would bring government closer to the people by allowing legislation to be enacted locally by the Board of County Commissioners. Mr. Callaham informed the Commissioners that 96% of the task force members voted for some type of change in government and he recommended that the County pursue the process proposing a change to Code Home Rule. He stated that the League has volunteered to market the process to the public and to moderate a public hearing. The meeting was then opened for questions and discussion with the Commissioners. The Commissioners thanked them for the presentation and agreed to take the recommendation under consideration. APPOINTMENT – ETHICS COMMISSION Motion made by Commissioner Wivell, seconded by Nipps, to appoint Natalie Rook to the Ethics Commission for a three-year term. Unanimously approved. RE/APPOINTMENTS – HOUSING AUTHORITY OF WASHINGTON COUNTY Motion made by Commissioner Munson, seconded by Kercheval, to reappoint Deborah Cohill to the Housing Authority of Washington County for a five-year term and to appoint Mark Myers to a five- year term. Unanimously approved. AUTHORIZATION TO HIRE PLANS REVIEWER – DEPARTMENT OF PERMITS & INSPECTIONS Motion made by Commissioner Munson, seconded by Nipps, to employ G. Dale Fishack as a Plans Reviewer in the Department of Permits & Inspections at a salary of $40,000. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners that there is no meeting scheduled next week due to the Labor Day holiday. AUGUST 26, 2003 PAGE SIX ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Wivell, to adjourn at 8:25 p.m. Unanimously approved. __________________________, County Administrator , County Attorney ___________________________, County Clerk