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HomeMy WebLinkAbout060808 August 8, 2006 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 William J. Wivell and Commissioners James F. Kercheval, John C. Munson and Doris J. Nipps. The meeting was held at the Department of Water Quality, 16232 Elliott Parkway due to elevator maintenance at the County Administration Building. 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 – JULY 11 & 18, 2006 Motion made by Commissioner Nipps, seconded by Munson, to approve the minutes of July 11 and 18, 2006. Unanimously approved. CERTIFICATE OF MERIT – BENJAMIN JONES Commissioner Snook presented a Certificate of Merit to Deputy First Class Benjamin Jones, in recognition of his exemplary actions in the line of duty on January 26, 2006 in the apprehension of the suspect who shot Corrections Officer Jeffrey Wroten. Deputy Jones thanked the Commissioners for the Certificate and related the events of that evening. Sheriff Mades informed the Commissioners that Deputy Jones also received the Law Enforcement Officer of the Year Award from the American Legion. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps stated that she attended the New Educators Reception, the Barge Bash in Hancock, and the presentation made by Jim Rzepkowski, Assistant Secretary of the Department of Business and Economic Development, at the Chamber of Commerce meeting. She reported on the meetings of the Community Action Council and Historic District Commission. Commissioner Munson informed the Board that he followed up on a complaint from a resident regarding the delay of a building permit. He stated that the delay was caused by the need for approvals from outside agencies. Commissioner Munson suggested that the County consider purchasing the Phoenix Color facility on Western Maryland Parkway for an expansion of the Detention Center. Commissioner Kercheval stated that he attended the New Educators reception and the C-SAFE Night Out Celebration. He informed the Commissioners that he attended a meeting with representatives of the Board of Education to discuss possible changes that would add more flexibility to the Board of Education’s mitigation policy. He reported on the Strategic Planning Meeting for the Downtown Summit and the Planning Commission meeting. Commissioner Snook informed the Commissioners that Senator Mikulski has submitted an application for $200,000 in grant funding for the new Boonsboro Library Branch. He stated that he received a letter from the Maryland Department of Transportation that there are 113 school bus drivers in Washington County that have not received their School Bus Knowledge Test certification. Commissioner Snook received notification from the State Highway Administration regarding a resurfacing and safety improvement project they are doing on State Rt. 67. He stated that the ISO lowered the classification in the Fairplay area, which could cause increased fire insurance premiums in that area. Rodney Shoop, County Administrator, stated that the Fire & Emergency Services Department is working with the fire company in that area to address the current issues. Commissioner Snook stated that he attended the press conference at Hagerstown Community College regarding the new wet labs, the Tri-County Council meeting, and the Chamber of Commerce Executive Board meeting. MAUGANS AVENUE RIGHT-OF-WAY Motion made by Commissioner Munson, seconded by Nipps, to approve the purchase of right-of-way from Burgerbusters III, LC for property that is needed for the Maugans Avenue project as follows: 833 square feet in fee AUGUST 8, 2006 PAGE TWO simple, 922 square feet in revertible construction easement for the total acquisition price of $30,000. Unanimously approved. EMERGENCY SHELTER GRANT APPLICATION – FY 2006 Motion made by Commissioner Nipps, seconded by Wivell, to approve the submission of an Emergency Shelter Grant application for FY 2006 to the Department of Housing and Community Development in the amount of $50,000 that would provide funding for the Community Action Council, CASA, St. John’s Shelter, and REACH, Inc., and to approve the grant agreements and sub- recipient agreements subject to the review and approval of the County Attorney. Unanimously approved. DISTRIBUTION OF GAMING FUNDS Jim Hovis, Gaming Director, introduced the Gaming Commission members in attendance. William McKinley, Chair, informed the Commissioners that the gaming distribution for FY 2006 is $2,884,489.46. He stated that this distribution represents a four percent decrease from last fiscal year’s record amount. Mr. McKinley said that the funds would be divided between 83 charities and the Washington County Volunteer Fire & Rescue Association. He provided a list of organizations that would be receiving gaming funds. Mr. McKinley introduced the current and past Board members who were in attendance. PRESENTATION OF CERTIFICATES OF MERIT - GAMING COMMISSION MEMBERS Commissioner Snook presented certificates of merit to Robert Schleigh, Mary Ellen Waltemire, and Ralph Wachter in recognition of their outstanding service as members of the Washington County Gaming Commission. He commended them for their leadership and dedication. The Commissioners offered their appreciation to the outgoing members for the contribution of their time to improve the quality of life for citizens of Washington County. BID AWARD – HAGERSTOWN REGIONAL AIRPORT – EAST AND WEST APRON REHABILITATIONS & TAXIWAY A/G MODIFICATIONS – PHASE I Motion made by Commissioner Nipps, seconded by Kercheval, to award the contract for East and West Apron Rehabilitations and Taxiway A/G Modifications – Phase I – at the Hagerstown Regional Airport to C. William Hetzer, Inc., which submitted the lowest responsive, responsible total base bid of $2,066,728.25 with Alternate No. 1 - $55,800 and Alternate No. 2 - $242,900 for a total of $2,365,428.25, contingent upon FAA approval. The motion also includes approval of a budget transfer request in the amount of $55,800 from Airport Operation Reserves ($25,000) and Airport CIP Reserves ($30,800). Motion carried with Commissioners Nipps, Kercheval, Munson, and Snook voting “AYE” and Commissioner Wivell voting “NO.” AMENDED FEDERAL AVIATION ADMINISTRATION (FAA) GRANT Motion made by Commissioner Nipps, seconded by Kercheval, to approve the new grant agreement from the Federal Aviation Administration (FAA) for a previous grant that was amended downward to $2.5 million due to lower bids than anticipated on the contract for East and West Apron Rehabilitations and Taxiway A/G Modifications – Phase I – at the Hagerstown Regional Airport . Unanimously approved. MARYLAND AVIATION ADMINISTRATION (MAA) GRANT (MAA-GR-07-004 & MAA-GR-07-005) Motion made by Commissioner Nipps, seconded by Kercheval, to approve Maryland Aviation Administration (MAA) Grant Agreement MAA-GR-07-004 for $157,895 for the construction of the Runway 9/27 safety area (Phase IV) and Special Grant Agreement MAA-GR- 07-005 for up to $175,438 for use at the Hagerstown Regional Airport. Unanimously approved. RENEWED AGENCY AGREEMENT – HAGERSTOWN REGIONAL AIRPORT Motion made by Commissioner Kercheval, seconded by Nipps, to approve the Renewed Agency Agreement to allow the State to act as the agent for pass-through grant monies for FAA projects at the Hagerstown Regional Airport. Unanimously approved. AUGUST 8, 2006 PAGE THREE PROPERTY ACQUISITION – RUNWAY PROTECTION ZONE Motion made by Commissioner Nipps, seconded by Kercheval, to approve the purchase of 25.20 acres of agricultural land located on Reidtown Road from Anna Martin for the price of $646,120. The property is in the Runway 27 “Runway Protection Zone” and is 95% FAA funded. Unanimously approved. CONTRACT RENEWAL – COMMUNITY SERVICE AND NIGHT INTAKE – DEPARTMENT OF JUVENILE SERVICES Motion made by Commissioner Wivell, seconded by Munson, to renew the one-year contract for the Juvenile Community Service/Informal Supervision program with the Department of Juvenile Services, in the amount of $77,000 and Night Intake Services in the amount of $34,779, as provided by the State Department of Juvenile Services for FY 2007. Unanimously approved. COMMUNITY PARTNERSHIP AGREEMENT AND CONTRACTS FOR SERVICES WITH MARYLAND STATE DEPARTMENT OF EDUCATION Motion made by Commissioner Munson, seconded by Wivell, to accept the Community Partnership Agreement as submitted to the Governor’s Office for Children for a one-year extension in FY 2007 and to accept the current programs that have been transferred from the Governor’s Office for Children to the Maryland State Department of Education as outlined. Unanimously approved. CITIZENS’ PARTICIPATION Jeff Kline, Williamsport Town Council Member, thanked the Commissioners for their support of the Town. He informed the Commissioners that the State grant funding for the playground equipment the Town ordered for Byron Playground did not completely cover the increase in the equipment costs and he asked the Commissioners for assistance for the additional amount of $14,000. Motion made by Commissioner Munson, seconded by Wivell, to approve the request for $14,000 for the additional cost of the playground equipment for the Town of Williamsport with funds to be taken from the Commissioners Contingency Fund. The Commissioners discussed the request. Commissioner Nipps recommended that the Town’s Program Open Space request be amended to delay the Town’s current project and allow those funds to be used to complete the Town’s playground project. Councilman Kline was amenable to the recommendation and thanked the Commissioners for their assistance. At this time, Commissioner Munson withdrew his motion. James Devine had several questions regarding the biodiesel project that will be discussed during the afternoon session. Jerry Ditto reminded the Commissioners that one of the conditions relating to the adoption of the Rural Area Rezoning was that a Transferable Development Rights (TDR) program be developed and presented by August 1, 2006. Mr. Ditto stated that he feels the motion should be void since this condition was not met. Commissioner Snook stated that the Commissioners approved the hiring of a consultant to assist the County staff in developing a TDR program and that the project is ongoing but that it has not been completed at this time. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, announced that the August 22 meeting would be held at the Regional Airport. A tour of the Airport will be conducted following the meeting and casual dress is recommended. He stated that the elevator repairs in the County Administration Building should be completed by the end of August. ORDINANCE – DECLARING PROERTY AS SURPLUS AND APPROVING SALE OF SAID REAL PROPERTY John Martirano, County Attorney, stated that the Commissioners agreed to convey a parcel of real property declared as surplus and no longer needed for public use located on West Church Street in Hagerstown to Roy N. and AUGUST 8, 2006 PAGE FOUR Delight L. Jones in 2005. The County Attorney’s Office has received a request that the Commissioners provide a confirmatory ordinance relating to the conveyance. Motion made by Commissioner Munson, seconded by Wivell, to approve an Ordinance to declare certain real property located on West Church Street in the City of Hagerstown as surplus property and no longer needed for public use and to approve the conveyance of said real property, which was properly advertised, to Roy N. and Delight L. Jones for the purchase price of $87,500. Unanimously approved. REAPPOINTMENTS – ANTIETAM BATTLEFIELD ADVISORY COMMITTEE Motion made by Commissioner Nipps, seconded by Wivell, to waive the two-term limit policy and reappoint Edwin Itnyre and John Powell to the Antietam Battlefield Advisory Committee, and for three-year terms as representatives of the Civil War Roundtable. Unanimously approved. APPOINTMENT – HOUSING AUTHORITY OF WASHINGTON COUNTY Motion made by Commissioner Nipps, seconded by Wivell, to appoint James Black to the Housing Authority of Washington County to fill the unexpired term of Marty Roberson, which extends to August 31, 2007. Unanimously approved. APPOINTMENTS - MENTAL HEALTH ADVISORY COMMITTEE Motion made by Commissioner Nipps, seconded by Kercheval, to appoint William Kidwell and Juanita Fasenbaker to the Mental Health Advisory Committee for three-year terms. Unanimously approved. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, informed the Commissioners that the bid opening for the new Boonsboro Library branch would be held on August 22. He stated that the reclamation of Kaetzel Road began today and the project initiation meeting for the emergency communications project is scheduled for August 24. Motion made by Commissioner Nipps, seconded by Kercheval, to approve three change orders totaling $68,768 to L. Robert Kimball & Associations for various environmental and emissions studies that are required for the new public safety radio communications system and to approve a change order to LRK in the amount of $72,800 to provide project management and inspection through the existing contract. Unanimously approved. BUDGET TRANSFER – ENGINEERING DEPARTMENT Motion made by Commissioner Munson, seconded by Nipps, to approve a Budget Transfer Request in the total amount of $76,000 for the Toms Road Culvert Replacement and Lanes Run Culvert Replacement with funds to be taken from six bridge and culvert projects as outlined in the request, to cover the cost of contract inspection. Unanimously approved. APPROVAL TO FILL VACANT POSITIONS Motion made by Commissioner Kercheval, seconded by Munson, to approve the request to fill an Engineering Project Manager position in the Engineering Department. Motion carried with Commissioners Kercheval, Munson, Nipps, and Snook voting “AYE” and Commissioner Wivell voting “NO.” Motion made by Commissioner Munson, seconded by Wivell, to approve hiring a Permits Processor to fill an upcoming vacancy in the Planning Department. Unanimously approved. Motion made by Commissioner Wivell, seconded by Munson, to approve the request to fill the vacant Maintenance Equipment Operator I position in the Highway Department. Unanimously approved. Motion made by Commissioner Munson, seconded by Wivell, to deny the request to fill the vacant Building Inspector position in the Permits & Inspections Department. Motion was denied with Commissioners Munson and Wivell voting “AYE” and Commissioners Kercheval, Nipps, and Snook voting “NO.” AUGUST 8, 2006 PAGE FIVE Motion made by Commissioner Kercheval, seconded by Nipps, to approve the request to fill the vacant Building Inspector position in the Permits & Inspections Department. Motion carried with Commissioners Kercheval, Nipps, and Snook voting “AYE” and Commissioners Munson and Wivell voting “NO.” PROCEDURES FOR ADOPTION OF HOME RULE Joe Kroboth, Chairman of the Task Force on Home Rule, met with the Commissioners to establish a schedule for appointing the Charter Board members. Mr. Kroboth explained that August 19, 2006 is the earliest date that Board members can be appointed and October 19 is the latest. He stated that the membership must be an odd number between 5 and 9. Mr. Kroboth informed the Commissioners that he recommends the appointment of one attorney, one representative from the Chamber of Commerce, one representative from the Greater Hagerstown Committee, one representative from the League of Women Voters and three citizens-at-large members, for a total of 7 members. Mr. Kroboth explained that the Commissioners can give the Charter Board specific instructions relating to the Charter Document. He stated that once the nominations are made, the process will begin and will continue through its completion. The Commissioners discussed the process, number of members, and whether a balanced party affiliation should be considered. They also had questions regarding the time commitment involved and whether the Board should be compensated. Commissioner Wivell stated that he would like each Commissioner to have one appointment and then include two individuals from the groups that were suggested. Commissioners Nipps and Munson agreed that they feel nine members should be appointed to include representation from different geographical areas of the County. It was the consensus to appoint nine members with each Commissioner making one appointment and the remaining four individuals chosen with the consensus of the Board. They agreed to have an application form for the Charter Board placed on the County’s website for submission by individuals interested in appointment and to address the issue at its September 19 meeting. CONTRACT AWARD – ARCHITECTURAL AND ENGINEERING SERVICES FOR RENOVATIONS TO THE PUBLIC WORKS ANNEX FOR FIRE & EMERGENCY SERVICES ADMINISTRATION AND COMMUNICATIONS CENTER Motion made by Commissioner Munson, seconded by Kercheval, to award the contract for architectural and engineering services for renovations to the Public Works Annex for Fire & Emergency Services Administration and Communications Center to Betzwood Associates for the lump sum fee of $60,000 plus the add alternate of $1,380 for a total of $61,380 to include the option for design of a sprinkler system. Unanimously approved. RECESS – LUNCH The Commissioners recessed at 11:42 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:30 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. INTERGOVERNMENTAL COOPERATIVE PURCHASE OF PAINTED PAVEMENT MARKING SERVICES – HIGHWAY DEPARTMENT Motion made by Commissioner Munson, seconded by Nipps, to authorize the Highway Department to purchase services from Alpha Space Control Co., Inc., to line strip 2,142,857 linear feet at $0.042 per linear foot on various roads located in the Eastern, Southern, and Western sections of the County in the amount of $90,000, through the City of Hagerstown’s Painted Pavement Marking Contract #04-04-PM-03, in accordance with the terms and conditions of that contract and approval of a Resolution pursuant to Section 1-106.3 of the Code of Public Local Laws of Washington County, Maryland. Unanimously approved. AUGUST 8, 2006 PAGE SIX REQUEST FOR APPROVAL OF MITIGATION PROPOSAL – DEERFIELD KNOLLS Kathleen Maher, Planning Director for the City of Hagerstown, and Bruce Pitts, representing Revere Development Company, met with the Commissioners to request approval of a mitigation proposal under Section 8.3A of the City’s Adequate Public Facilities Ordinances (APFO) for Deerfield Knolls. Ms. Maher informed the Commissioners that the Mayor and City Council adopted an ordinance on May 23 to create a Planned Unit Development overlay on property on the west side of North Burhans Boulevard for an 82-unit townhouse development known as Deerfield Knolls. Ms. Maher outlined the neighborhood revitalization benefits and improvements provided by the development. She noted that the Board of Education’s Facilities Committee found that the project failed the Board of Education’s current mitigation policy; however, the Board found that the project does meet the criteria for a revitalization project. Ms. Maher stated that the mitigation program associated with this development proposes a reasonable limitation of 35 building permits per year starting in 2007. This would prolong the build-out of the community until 2010, which is when Winter Street Elementary is scheduled to double in capacity, providing significantly more than the 20 seats required for this development. The Board of Education’s review of this application noted that there is adequate capacity in the middle and high schools serving the development. The meeting was then opened for questions and discussion. Commissioner Kercheval expressed concern regarding the impact to South Hagerstown High School and with the phasing schedule for sewer capacity allocation with regard to the developers that are already waiting for allocation. He also asked for additional information on the improvements planned for Winter Street Elementary School. After discussion, Commissioner Snook suggested that this item be tabled until the developer can meet with Board of Education and representatives from the City and County staff to determine if the area could be redistricted for high school students to attend North High and to resolve the mitigation issues. The Commissioners agreed to address the matter in September if possible. INTERGOVERNMENTAL COOPERATIVE PURCHASE – OFFICE FURNISHINGS FOR COURT HOUSE ANNEX RENOVATION PROJECT Motion made by Commissioner Wivell, seconded by Munson, to authorize the Circuit Court Administration to purchase office furnishings from Office Suppliers, Inc. for the Court House Annex Renovation Project in the amount of $53,068.30, through the U.S. Communities Contract No. RQ01-411313-16, in accordance with the terms and conditions of that contract and approval of a Resolution pursuant to Section 1-106.3 of the Code of Public Local Laws of Washington County, Maryland. Unanimously approved. FINAL REPORT OF THE WATER & SEWER INFRASTRUCTURE COMMISSION Merle Elliott, Chair of the Water & Sewer Infrastructure Commission, appeared before the Commissioners to outline the Commission’s final report. He provided an overview of the report and stated that the County would be faced with finite limits on availability and discharge limits. He recommended that careful and coordinated planning be done between all governmental bodies in the County and emphasized the need to increase overall cooperation and coordination among all county jurisdictions on planning related to the ultimate limitations on water sources and regulatory restrictions on nutrient discharges into Chesapeake Bay tributaries. “Observations and Conclusions” of the Infrastructure Commission include the findings that countywide procedures or processes should be implemented to assure maximization to the entire county of its total available capabilities and resources. The report also noted that there is limited coordination between governmental bodies and agencies. Recommendations included update of Comprehensive Plans, update of the County’s Water and Sewer Plan, Coordination of water and sewer facilities in Washington County, and consideration of evaluation of merger or consolidation of water and sewer operations. Wastewater loading AUGUST 8, 2006 PAGE SEVEN limitations must be seriously addressed. The report stated that “Immediate steps to develop cooperative approaches among all governmental bodies and all water and sewer utilities in the county are necessary to insure that the interests of the entire county are carefully addressed.” The meeting was opened for questions and discussion regarding the report. Commissioner Snook thanked Mr. Elliott and the Infrastructure Commission for their work in developing the report. UPDATE ON GOAL #2 – URBAN GROWTH AREA ZONING IMPLEMENTATION PLAN AND SCHEDULE Michael Thompson, Director of Planning, and Stephen Goodrich, Chief Planner, met with the Commissioners to review the proposed plan and schedule to implement Goal #2 – Urban Growth Area Zoning Implementation Plan and Schedule. Mr. Goodrich stated that, as a result of lessons learned during the rural area rezoning, it should be attempted to obtain focused community input in the beginning of the project. He recommended that an advisory committee be assigned specific issues to address. Mr. Goodrich also recommended that the membership should cover a broad spectrum of community interests and concerns, but is not a substitute for citizen input. He outlined specific tasks that could be assigned to them. After input from the Commissioners, Mr. Goodrich agreed to provide additional information regarding their concerns. REZONING MAP AMENDMENT RZ-06-002 (HASHEMPOUR CONSULTING & MANAGEMENT, LLC, ET AL.) Misty Wagner-Grillo, Senior Planner, and Michael Thompson, Director of the Planning Department, reviewed the staff report and Planning Commission findings for rezoning case RZ-06-002, as submitted by Hashempour Consulting & Management, LLC, et al. to rezone 178.80 acres of land located on the west side of MD Route 65 from A -Agricultural to RV – Rural Village. Ms. Wagner- Grillo stated that the subject property includes three (3) parcels of land. She stated that the Planning Commission recommended denial of this map amendment. Kirk Downey, Assistant County Attorney, stated that the purpose of today’s session is for the Commissioners to discuss the case with the hope that they will reach a consensus. He would then develop findings of fact and an articulation of reasons for the decision, which would be brought back for a final vote at the next Commissioners’ meeting. Each Commissioner then commented on the application. Commissioner Kercheval stated that he does not support the request and noted that the application is not consistent with the Comprehensive Plan, which would increase the size of the Rural Village of Lappans by 169 percent. He indicated that there is no water and sewerage service planned for the subject property and that staff followed guidelines from the State that did not recommend adding large vacant parcels to existing rural villages. Commissioner Kercheval stated that the existing agricultural classification is appropriate. It was the consensus of the Commissioners to deny the request RZ-06-002, and the Commissioners asked Mr. Downey to draft the appropriate findings for a final vote at its next meeting. CITY OF HAGERSTOWN ANNEXATION REQUEST – A06-03 – SHAOOL Michael Thompson, Director of Planning & Community Development, met with the Commissioners to review the annexation request before the City of Hagerstown for the Shaool property. Mr. Thompson stated that the property consists of 5.948 acres of land on the east side of Eastern Boulevard between Security Road and the YMCA. The proposed zoning R-1 – Residential is consistent with the RS-Residential Suburban zoning. The plan was reviewed by the Planning Commission which recommended a second entrance be provided and provisions for school bus access be addressed. The staff found the request to be consistent with the adopted 2002 Comprehensive Plan. It was recommended that the developer be required to provide any additional rights-of-way necessary for the widening of Eastern Boulevard and make a final commitment in the amount agreed upon by the City and County toward the construction of the AUGUST 8, 2006 PAGE EIGHT improvements along the frontage of the development. Mr. Thompson stated that these recommendations have been forwarded to the City. Mr. Thompson stated that Maryland Code does not allow a municipality to place a property into a zoning classification that permits land use substantially different from the use permitted in the adopted comprehensive plan. The meeting was then opened for questions and discussion. Commissioner Nipps cited concerns with flooding on the parcel, access onto Eastern Boulevard, the inadequacy of Antietam Drive, and traffic issues. She noted that the development should have access to Klick Way. The Commissioners asked Mr. Thompson to find out if Eastern Boulevard is a limited access road and expressed concerns about the entrance. Commissioner Kercheval stated that the density proposed does not fit with the exiting homes in area. He also commented about the need for the developer to dedicate rights-of-way for road improvements and buffering. Motion made by Commissioner Kercheval, seconded by Wivell, to concur with the determination of the Planning staff that the proposed annexation or R-1 for the Shaool property as submitted to the City of Hagerstown is consistent with the adopted Comprehensive Plan and asked that their numerous concerns and comments regarding the project be forwarded to the City for the City’s consideration. Unanimously approved. 2006 ON BEHALF OF (OBO) LOCAL GOVERNMENT HOUSING BOND ALLOCATION PROGRAM Motion made by Commissioner Munson, seconded by Nipps, to assign Washington County’s 2006 housing bond allocation in the amount of $3,943,196 to the Community Development Administration for use in the Maryland Mortgage On Behalf of (OBO) Program for first-time homebuyers. Unanimously approved. INDEPENDENT FEASIBILITY STUDY OF PROPOSED BIO-DIESEL FACILITY Tim Troxell, Executive Director of the Economic Development Commission (EDC), and Robin Ferree, EDC Business Development Specialist, requested approval of a Resolution to Endorse Grant of an Amount not to Exceed $42,000 from the Maryland Economic Development Assistance Authority and Fund (MEDAAF) to the Hagerstown-Washington County Industrial Foundation, Inc. for a bio-diesel facility feasibility study. Mr. Troxell informed the Commissioners that the EDC has been working with a Chesapeake Bio-Energy, LLC, that intends to construct a large integrated soybean extraction and bio-diesel facility in Western Maryland. Representatives of the company have met with the Maryland Department of Business and Economic Development (DBED). The State and private financing community are requiring that an independent feasibility study be conducted before funding is finalized. DBED would provide 70% of the cost of the study with Washington County’s concurrence to fund the remaining 30%. Mr. Troxell stated that a not-to-exceed cost of $60,000 has been estimated for the study. Washington County’s local match would not exceed $18,000 for the study. Motion made by Commissioner Munson, seconded by Kercheval, to approve the Resolution to Endorse Grant of an Amount not to Exceed $42,000 from the Maryland Economic Development Assistance Authority and Fund (MEDAAF) to the Hagerstown-Washington County Industrial Foundation, Inc. for a bio-diesel facility feasibility study, and to approve a County match not to exceed $18,000. Unanimously approved. CERTIFICATE OF MERIT – JULIE PIPPEL Commissioner Snook presented Julie Pippel with a certificate of merit in recognition of having received her Bachelors Degree in Business Administration, graduating magna cum laude, and commended her for her dedication and perseverance. The Commissioners congratulated her on this achievement. Ms. Pippel thanked the Commissioners for the Certificate. FAA GRANT – HAGERSTOWN REGIONAL AIRPORT Motion made by Commissioner Munson, seconded by Nipps, to approve an FAA grant in the amount of $289,085 for engineering services for the addition AUGUST 8, 2006 PAGE NINE to the Rescue and Firefighting Building at the Hagerstown Regional Airport. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Munson, seconded by Nipps, at 4:45 p.m. to discuss personnel matters relating to the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, and/or resignation of an appointee, employee, or official over whom the Commissioners have jurisdiction and any other personnel matters affecting one or more specific individuals, to consult with counsel to obtain legal advice, consider a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, and to consider the acquisition of real property for a public purpose and matters directly related thereto, 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 Wivell, seconded by Kercheval, to reconvene in open session at 5:29 p.m. Unanimously approved. In closed session, the Commissioners discussed four (4) matters relating to the employment, appointment, assignment, promotion, discipline, demotion, compensation, removal and/or resignation of an appointee, employee or official over whom the Commissioners have jurisdiction and other personnel matters affecting one or more specific individuals, consulted with counsel to obtain legal advice, considered a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, and considered one matter relating to the acquisition of real property for a public purpose. 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 John Martirano, County Attorney; Kirk C. Downey, Assistant County Attorney; Rodney Shoop, County Administrator; Joni Bittner, County Clerk; David Hankinson, Director of Human Resources; Tim Troxell, Director of the Economic Development Commission (EDC); Robin Ferree, EDC Business Development Specialist; Debra Murray, Director of Finance; and Greg Murray, Director of the Water Quality Department. EMPLOY ENGINEERING TECHNICIAN II AND UTILITIES CONSTRUCTION INSPECTOR AT WATER QUALITY DEPARTMENT AND APPROVE PROPOSED REORGANIZATION OF THE PURCHASING DEPARTMENT Motion made by Commissioner Munson, seconded by Nipps, to approve hiring Raymond Riner as Engineering Technician II and Randy McPeak as Utilities Construction Inspector at the Water Quality Department and to approve the proposed reorganization of the Purchasing Department to delete a Buyer position, create a Procurement Specialist II position (Grade 10), to promote Brandi Naugle to this new position, and to fill the Procurement Specialist I vacancy. Unanimously approved. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Nipps, to adjourn at 5:30 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk