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HomeMy WebLinkAbout970318 March 18, 1997 Hagerstown, Maryland The Regular Meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 10:30 a.m. by the President, Gregory I. Snook, with the following members present: Vice President John S. Shank, and Commissioners Ronald L. Bowers, R. Lee Downey and James R. Wade. CONVENE IN CLOSED SESSION Motion made by Commissioner Bowers, seconded by Wade, to convene in Closed Session at 10:30 a.m. regarding 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 Bowers, seconded by Downey, to reconvene in Regular Session at 11:34 a.m. Unanimously approved. In Closed Session the Commissioners discussed one personnel issue. Commissioner Bowers was excused from the meeting at this time. RECESS - MEETING WITH BOARD OF EDUCATION AND LUNCH The Commissioners recessed at 11:34 a.m. in order to travel to Smithsburg High School to observe the new technology laboratory. JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with Board of Education members B. Marie Byers, Dori Nipps, Robert Kline, Andrew Humphreys and Edwin Hayes. Also present were Superintendent Wayne Gersen and Chris South, Director of Budget and Finance. Excess Funds in Self-Insurance Fund Balance Chris South, Director of Budget and Finance, provided background information on the decisions which led to the debate regarding the size of the Self Insurance Fund. He stated that, as of December 31, 1996, the Self Insurance Fund had a balance of $3,421,121. Mr. South stated that the Board of Education feels that the best approach to reduce the fund balance is to repay the 1992 transfer from the General Fund and suspend premium payments for one pay period. He explained the rationale for this choice. If this recommendation is approved, the new fund balance would be $1,598,000. After discussion, the Commissioners took this under consideration. At this time, the Commissioners toured the new technology laboratory. AFTERNOON SESSION The Afternoon Session was called to order at 2:30 p.m. by the President Gregory I. Snook, with the following members present: Vice President John S. Shank, and Commissioners R. Lee Downey, and James R. Wade. BUDGET TRANSFER REQUEST - DEPARTMENT OF PUBLIC WORKS Motion made by Commissioner Downey, seconded by Wade, to approve the transfer of $2,467 from Account 40-5-0100-581-030 to Account 40-5-0100-581-035 as requested by the Department of Public Works for the purchase of additional diffusers for the air conditioning system in Court Rooms #1 and #3. Unanimously approved. CONTRACT RENEWAL - RECYCLING DROP-OFF SERVICES AGREEMENT Motion made by Commissioner Shank, seconded by Wade, to renew the contract with Browning-Ferris Industries for a one-year period for recycling drop-off services at the current rates in the contract. Unanimously approved. MARCH 18, 1997 PAGE TWO DEPARTMENT OF NATURAL RESOURCES - PROPOSAL TO PURCHASE PROPERTY Rodney Shoop, County Administrator, informed the Commissioners that the Department of Natural Resources is considering the purchase of a tract of land in Washington County which abuts Fort Frederick State Park. The State asked the Commissioners to submit any comments they have regarding this proposal. The Commissioners indicated that they had no comments to submit. BUDGET REQUEST - WASHINGTON COUNTY HEALTH DEPARTMENT Dr. Robert Parker, Health Officer, and Gene Jenkins, Director of Finance, presented the Fiscal Year 1998 budget request from the Washington County Health Department in the amount of $2,656,374 as the County's local share of the total budget. Dr. Harold Gist, President of the Advisory Commission to the Board of Health, expressed his support of the budget presented. The Commissioners also received updates on several of the programs offered by the Health Department. FISCAL YEAR 1998 REVENUE BUDGET PROJECTIONS Debra Bastian, Director of Finance, and Kimberly Edlund, Assistant Director, presented the revenue projections for Fiscal Year 1998. Mr. Bastian stated that they are projecting a 3.68% increase in revenue from property tax, real estate tax and income tax. She stated that property tax assessments provide 91% of County revenues. Ms. Bastian explained that this percentage will provide a $3.3 million increase overall based on current tax rates, and she also provided projections for all County revenue sources. The Commissioners discussed the budget requests received for Fiscal Year 1998. Ms. Bastian reviewed the larger requests and informed the Commissioners that the requests are $15 million in excess of the $3.3 million projected increase in revenues. Ms. Bastian reviewed the past projections of budgeted and actual revenues for income tax and indicated that she is projecting a 7% increase for FY 1998. Commissioner Bowers arrived at 4:08 p.m. SMART GROWTH AND RURAL LEGACY ADMINISTRATION Robert Arch, Director of Planning & Community Development, met with the  Commissioners to review the Governors Smart Growth legislation after the most recent revisions. He stated that there appears to have been a substantial change from the initial version. Mr. Arch stated that the three major areas of concern are the criteria for certified heritages areas, the rural village designations, and the provisions for identifying priority funding areas. After questions and discussion, the Commissioners agreed to  send a letter supporting the most recent version of the Smart Growth legislation with the condition that it support industrial and commercial areas along the I-81 corridor and expressing the concerns identified by Mr. Arch. NEW LANDFILL OPTIONS Gary Rohrer, Director of Public Works; Steven Zies, Acting Director of Solid Waste Management; Harvey Hoch, Recycling Coordinator; and Terry McGee, County Engineer, met with the Commissioners to present various projections for the life of the current landfill and how the projected life relates to plans for the construction of the road and bridge for the Lund tract. Mr. Rohrer presented the best-case and worst-case scenarios. After discussion, the Commissioners agreed to postpone funding for construction of the bridge to the Lund tract until Fiscal Year 1999. CONVENE IN CLOSED SESSION Motion made by Commissioner Wade, seconded by Downey, to convene in Closed Session at 5:17 p.m. to consider personnel issues and to consider issues relating to collective bargaining, in accordance with Section 10-508 of the MARCH 18, 1997 PAGE THREE State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Bowers, seconded by Downey, to reconvene in Regular Session at 6:08 p.m. Unanimously approved. In Closed Session the Commissioners discussed four (4) personnel matters and collective bargaining issues. EMPLOYMENT DECISIONS - SEASONAL PARK ATTENDANTS AND AIRPORT MAINTENANCE Motion made by Commissioner Shank, seconded by Downey, to employ William Mills, Michael Keefer, and Lester Mazur as Seasonal Park Attendants at $4.75 per hour and to authorize advertising to fill the Maintenance Person vacancy at the Airport. Unanimously approved. ADOPTION OF RESOLUTION REPEALING THE COLLECTIVE BARGAINING RESOLUTION Motion made by Commissioner Downey, seconded by Wade, to adopt a Resolution Repealing Collective Bargaining Resolutions, dated April 13, 1993 and a subsequent Resolution adopted on February 1, 1994. Motion carried with  Commissioners Downey, Wade, Shank, and Snook voting AYE and Commissioner  Bowers voting NO. RECESS The Commissioners recessed at 6:09 p.m. EVENING SESSION - TOWN OF FUNKSTOWN The Evening Session was called to order at 7:00 p.m. at the Funkstown Town Hall by the President Gregory I. Snook, with the following Commissioners present: Vice President John S. Shank, and Commissioners Ronald L. Bowers, R. Lee Downey, and James R. Wade. 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. TAX REBATE - FUNKSTOWN Commissioner Snook stated that, pursuant to Section 6-306, of the Tax-Property Article of the Annotated Code of Maryland, the Commissioners are required to meet with each municipality annually to discuss the tax differential or payment-in-lieu-of-services program. Commissioner Snook stated that for Fiscal Year 1997, Funkstown is estimated to receive $5,744. He also explained that the estimated amounts will be subject to an audit of expenditures. TOWN OF FUNKSTOWN - CONCERNS Mayor Robert Kline asked the Commissioners to consider amending the agreement that the Town has with Permits & Inspections Department regarding the percentage of fees received by the Town from permit applications. The Commissioners stated that they would have the Director of Permits & Inspections supply them with information regarding the feasibility of amending the agreement. Mayor Kline also asked that the Commissioners repair the roadway at Coopers Shop Hill and requested a right-turn lane on Beaver Creek Road at the Memorial. The Commissioners informed him that this is under the jurisdiction of the State Highway Administration. MARCH 18, 1997 PAGE FOUR Also discussed was the status of the proposed Funkstown by-pass. WAGAMAN ROAD RAILROAD CROSSING PROJECT Terry McGee, County Engineer, reviewed a 1981 report evaluating railroad crossings in the County for safety concerns. He provided a history of the project and stated that the Wagaman Road railroad crossing and Shawley Road railroad crossing are currently being designed, and they hope to begin construction this fall. Mr. McGee explained the scope of the project and stated that they hope to flatten the vertical curve and widen the road to 20 feet. He also stated that drainage work would be involved. The Commissioners then opened the meeting for comments. Several individuals who reside on Wagaman Road expressed their dissatisfaction with the project and voiced their concerns regarding drainage issues in the area. They indicated that this project would allow drivers to use increased speed on Wagaman Road and would cause additional drainage problems. After hearing all concerns, the Commissioners agreed to review the situation and make a decision on whether to proceed with the project as written. CITIZENS PARTICIPATION Joe Swope expressed concerns with the site for the construction of the Moose Club. He also commented on the King Road Bridge project and on several rezoning cases. Rick Hockensmith expressed concerns regarding the weight of the trucks crossing Rose Mill bridge which he feels exceed the posted weight limit. GAMING COMMISSION - AMENDMENTS TO REGULATIONS Sue Tuckwell, Chairperson of the Gaming Commission, along with Gaming Commission members Clarence Scheer and Donald McKenrick, and Kathy Sterling, Gaming Coordinator, met with the Commissioners to outline the changes they feel should be made to the Gaming Rules and Regulations in order to streamline operations. Ms. Tuckwell explained that these revisions do not require legislative changes.  Ms. Tuckwell requested the elimination of Section 1-111(g), Washington  County Gaming Fund, which limits the amount given to charitable organizations to $15,000 in a given year. The Commissioners discussed raising the cap. Commissioner Shank stated that there should be a minimum amount given to all non-profit agencies which apply for funds. Motion made by Commissioner Wade, seconded by Bowers, to eliminate Section 1-  111(g), Washington County Gaming Fund, regarding the $15,000 per year funding cap to charitable organizations, for a one-year period, with the stipulation that the decision be reviewed at that time. Unanimously approved. Motion made by Commissioner Shank, seconded by Wade, to eliminate the word  "expire" in Section 1-104(d) Licensing Procedure in the regulations. Unanimously approved. BOONSBORO FIRE COMPANY BOUNDARIES Roger Schlossberg, attorney for the First Hose Company of Boonsboro (the  Company), informed the Commissioners that the Company has been given property to construct a substation off the Rohrersville Road. He stated that an agreement has been negotiated with the Potomac Valley Fire Company and Sharpsburg Fire Company regarding the boundary issues. Mr. Schlossberg presented a signed agreement between the affected companies and reviewed the boundaries. Jay Grimes, President of the Washington County Fire & Rescue Association, informed the Commissioners that the Association approved the MARCH 18, 1997 PAGE FIVE agreement and feels it will enhance the level of fire protection in the area. Commissioner Wade stated that he would like to review the factors which are considered by the Association to determine if a substation is needed. After discussion, the Commissioners took this matter under consideration. COMMISSIONERS REPORTS & COMMENTS Commissioner Snook reported that the Children's Council will be sponsoring a Children's Fair on April 12. Commissioner Snook asked if the Commissioners wished to request that the Department of the Environment hold a public information meeting on a sewage sludge application to transport sludge from Sideling Hill to the Maryland Correctional Institution. It was the consensus of the Commissioners not to request the State to hold a public meeting on the application. The Commissioners discussed a complaint they received from residents of the Cohill Road area regarding the application of sewage sludge. The residents stated that they were not informed of the permit. Commissioner Shank suggested that the farmer in question be contacted to ask if he would consider staying a greater distance from adjoining properties. The Commissioners agreed to contact the Department of the Environment to inform them of the complaints and to ask that they intervene to assure that all regulations are being followed. APPROVAL TO PROVIDE WAGE INCREASE AND BONUS Motion made by Commissioner Wade, seconded by Shank, to provide a lump sum payment of $500, to increase the base rate by $500, and to provide a two (2%) percent increase in base pay to all Roads, Landfill, and Transportation Department employees who did not previously receive this increase. The increase is to be retroactive to January 4, 1997. Unanimously approved. APPROVAL TO SPONSOR REZONING AMENDMENT Motion made by Commissioner Shank, seconded by Bowers, as the Fort Ritchie Local Redevelopment Authority, to sponsor the rezoning amendment requesting the creation of a special planning area for Fort Ritchie. Motion carried with Commissioners Shank Bowers, Wade, and Snook voting "AYE" and Commissioner Downey voting "NO." BUDGET TRANSFERS - WATER & SEWER DEPARTMENT Motion made by Commissioner Downey, seconded by Bowers, to transfer $1,200 from CIP 006-712-71400-422 to CIP 006-712-71400-429 to cover the cost of overruns for repairs at the Nicodemus Treatment Plant, as requested by the Water & Sewer Department. Unanimously approved. Motion made by Commissioner Wade, seconded by Bowers, to transfer $2,000 from CIP 006-712-71400-412 to CIP 006-711-71400-250, as requested by the Water & Sewer Department, to purchase a water meter test bench for the Smithsburg Wastewater Treatment Plant. Unanimously approved. Motion made by Commissioner Wade, seconded by Shank to transfer $8,000 to complete emergency repairs to the concrete roof at the Nicodemus Treatment Plant, as requested by the Water & Sewer Department. Unanimously approved. APPROVAL OF MOSQUITO CONTROL AGREEMENT Motion made by Commissioner Bowers, seconded by Wade, to approve the 1997 Mosquito Control Agreement with the State Department of Agriculture, as presented. Unanimously approved. MARCH 18, 1997 PAGE SIX EMPLOY - WATER & SEWER DIRECTOR Motion made by Commissioner Wade, seconded by Downey, to employ Greg Murray as Director of the Water & Sewer Department at the salary of $49,428, to fill an existing vacancy. Unanimously approved. APPOINTMENT - ADVISORY COMMISSION TO THE BOARD OF HEALTH Motion made by Commissioner Bowers, seconded by Downey, to appoint Marion Miller to the Advisory Commission to the Board of Health for a three-year term. Unanimously approved. COMMENTS REGARDING GAMING COMMISSION Funkstown Town Councilman, Kim Raymer, expressed his objection about the Gaming Commission Rules and Regulations and stated that he feels they are unfair to clubs. ADJOURNMENT Motion made by Commissioner Wade, seconded by Downey, to adjourn at 9:20 p.m. Unanimously approved. County Administrator County Attorney , Clerk