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HomeMy WebLinkAbout970805 August 5, 1997 Hagerstown, Maryland The Regular Meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:00 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. 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. COMMISSIONERS REPORTS AND COMMENTS Commissioner Snook reminded the Commissioners that Senator Mikulski will be visiting on Friday and reviewed the proposed agenda items. He also informed the Commissioners that H.B. Mellott Co. is applying for an air quality permit from the Department of the Environment and asked the Commissioners if they wished to make any comments regarding this application. Commissioner Snook stated that a draft copy of the Environmental Impact Statement for Fort Ritchie was received for their review and that the Department of the Army has scheduled a public hearing on this report for September 11. The Commissioners asked that the PenMar Development Corporation request an extension of the comment period. Commissioner Shank reported on the Ag Expo which is being held at the Agricultural Education Center this week. Commissioner Wade stated that the meeting with the Water & Sewer Advisory Commission went well and he would like to see another meeting scheduled in the fall. Commissioner Downey asked that several items regarding the pre- treatment plant be included on the agenda for this meeting. Commissioner Bowers apologized for being unable to attend the tour of the Ag Expo this afternoon with the Commissioners. He asked if local banks were  given the opportunity to bid on the Countys pension investment services. Karen Luther, Purchasing Agent, was called to the meeting, and she explained the procedure that was followed to advertise for this service. Commissioner Downey asked that the debt for the pre-treatment facility be included in the General Fund debt rather than the Water & Sewer debt. Rodney Shoop, County Administrator, gave an update on the seepage of leachate at the landfill. He explained that the Maryland Department of Environment (MDE) was called to the scene after dead fish were found both upstream and downstream from this site. MDE then tested the stream and determined that the leachate from the landfill did not cause the problem but rather low oxygen levels in the water. UPDATE - EXHIBIT FOR MARYLAND ASSOCIATION OF COUNTIES CONFERENCE AND MARYLAND, YOU ARE BEAUTIFUL PROGRAM Paulette Sprinkle met with the Commissioners to provide an update on the exhibit for the Maryland Association of Counties (MACo) conference. Ms. Sprinkle stated that the exhibit is a regional undertaking with Allegany and Garrett Counties to market Western Maryland. She stated that the theme will be the Old National Pike which runs through all three counties and displayed a scale model of the exhibit. Ms. Sprinkle also provided application forms and information on the Maryland, You Are Beautiful Program, which recognizes citizens for making the county and state a better place in which to live. RURAL LEGACY PROGRAM - UPDATE Robert Arch, Director of Planning & Community Development, and Eric Seifarth, AUGUST 5, 1997 PAGE TWO  Associate Planner, met with the Commissioners regarding the States Rural Legacy Program. Mr. Arch informed the Commissioners that they may be submitting a multi-county application with Frederick and Montgomery Counties. They reviewed a map showing the proposed area to be included in the application. After discussion, the Commissioners agreed to send a letter in support of this application. PUBLIC HEARING - AGRICULTURAL LAND PRESERVATION EASEMENT The Commissioners convened the public hearing to hear comments regarding the applications for submittal to the State for the Agricultural Land Preservation Easement Sale. Eric Seifarth, Associate Planner - Agriculture, met with the Commissioners to explain the criteria used to prioritize the applications, and informed them that the State has requested that they forward the 13 top-ranked applications out of the 16 submitted for consideration in this cycle. Mr. Seifarth stated that the Agricultural Land Preservation Advisory Board is recommending that only ten applications be submitted. He then reviewed each of the applications. The hearing was then opened for public testimony. There was no one present who wished to testify although Mr. Seifarth presented a letter from Diane Arena for submittal into the record. The Commissioners  agreed to the staffs recommendation to send the top thirteen applications to State. Motion made by Commissioner Wade, seconded by Shank, to send the thirteen highest-ranked applications to the Maryland Agricultural Land Preservation Foundation for consideration for easement sale. Unanimously approved. PROPOSED CONSOLIDATION - HIRT TEAM/CO. 28/REHAB UNIT/AIR UNIT Alan Davis, Director of Human Resources, reviewed the recommendation to consolidate the Hazardous Incident Response Team (HIRT), Civil Defense Company 28, the Rehab Unit, and the Air Unit into the Office of Specialty Operations. He stated that the proposal is to house the HIRT Team and Company 28 at the Frederick Street site and the Air Unit and Rehab Unit at the York Road site. Mr. Davis also reviewed the administrative chain of command for these units. He indicated that these departments will be included as part of the study requested by the Emergency Services Council. The Commissioners discussed the proposal and agreed that these units should be consolidated at two locations. Motion made by Commissioner Shank, seconded by Bowers, to proceed with the consolidation of the HIRT Team, Company 28, Rehab Unit, and Air Unit, into the Office of Specialty Operations at the two locations designated under the proposed administrative chain of command, and to specify that this consolidation take place within 30 days. Unanimously approved. CITIZENS PARTICIPATION Pat Schooley asked the Commissioners to provide a letter to the Department of  Assessments and Taxation regarding the Historical Societys project to input historic data into the computer system. The Commissioners agreed to this request.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners of Senator  Mikulskis visit on August 8. He also informed them that the air show will be held September 6-7 at the Regional Airport. PEN MAR DEVELOPMENT CORPORATION - APPROVAL OF TERMS (*Amended 10/7/97) Motion made by Commissioner Shank, seconded by Wade, to approve the recommendation for the following terms for the members of the PenMar Development Corporation: Four-year terms (Expiration June 30, 2001) - Wayne AUGUST 5, 1997 PAGE THREE Alter, Nancy Campbell, Steve Hull, and Terry Randall; Three-year terms (Expiration June 30,2000) - Howard Bowen, Mack Davis, Paul Mellott, Steve Swayne, and Brett Wilson; Two-year terms (Expiration June 30, 1999) - Herman Hartman, Joann Hersh, Kenneth Jones, Kathleen Riley, and Greg Snook. Unanimously approved. (*William Reuter - term expiration June 30, 2001) ELK RIDGE WATER SUPPLY PROJECT Mr. Shoop informed the Commissioners that they have not awarded the design contract for the Elk Ridge project and asked if the Commissioners wanted to have this project done in-house as recommended by the Water & Sewer Advisory Commission. He stated that the project would cost considerably less money to design in-house; however, he is concerned that it might delay preventive maintenance projects. After discussion, the Commissioners agreed to have the Water & Sewer Department staff design the project. Commissioner Wade stated that he would like to know what impact this has on scheduled maintenance projects. The Commissioners asked that the staff monitor these projects to assure that they do not get too far behind schedule. Motion made by Commissioner Downey, seconded by Bowers, to have the Water and Sewer Department staff to proceed to design the Elk Ridge Water Supply project rather than utilize an outside consultant. Unanimously approved. CHANGE ORDER PROCEDURES Mr. Shoop explained the current change order procedure and approval process. Mr. Shoop stated that he has final authority on change orders for all projects as long as the project will still remain within budget. He stated that if the change order would cause the project to go over budget, the Commissioners would then have the approval of the change order and budget transfer request. The Commissioners discussed the current procedures, and it was the consensus to set a dollar amount for approval of change orders. They agreed with the recommendation that the County Administrator review any change orders over $25,0000 with them for their approval. EXCESS FUNDS - FISCAL YEAR 1997 Debbie Bastian, Director of Budget & Finance, met with the Commissioners to review the Fiscal Year 1997 budget excess. She stated that she is in the process of closing out the year-end budget for the auditors and estimated that excess revenues may be $3 to $4 million. She indicated that this is due to moving the date of the real estate tax sale, income tax revenues, and a strong stock market. Ms. Bastian stated that the overall average above last year is 8.6 percent from the four major distributions. She recommended increasing cash reserves to the five percent industry standard. Ms. Bastian suggested that the water and sewer debt of $2,160,000 to the General Fund could be forgiven. After discussion, the Commissioners agreed to increase the overlay program by $250,000, provide $2 million for capital projects, and $1 million to cash reserves. The Commissioners asked Ms. Bastian and Mr. Davis to determine the costs for providing a cost of living increase for County government retirees and the cost to offer a one-day fall clean-up at the landfill. Commissioner Wade stated that he would like to have discussions in the future on the constant yield tax rate. ROLE OF THE COUNTY IN ANNEXATION PROCEDURE Beth Evans, Assistant County Attorney, informed the Commissioners that the County plays a limited role in annexation procedures. Ms. Evans explained that this is a power granted to municipalities by the State legislature. Municipalities can annex contiguous and adjoining property upon the petition of or the consent of at least 25 percent of the persons who reside in the area. She stated that the County can demand a referendum within 45 days after AUGUST 5, 1997 PAGE FOUR the municipality passes a resolution. Ms. Evans noted that the municipality cannot zone the property to permit a land use which is substantially different for the land in the current County Master Plan until five years have passed without the express approval of the Board of County Commissioners. RESOLUTION - ANNEXATION OF LAND INTO THE CORPORATION LIMITS OF FUNKSTOWN The Commissioners discussed the request made by the Mayor and Council of Funkstown for the express approval of the proposed zoning of 67.37 acres of land into the corporate limits of the Town of Funkstown. Robert Kuczynski, attorney for the Town of Funkstown, and Paul Crampton, Jr., owner of this property, appeared before the Commissioners to answer any questions they may have regarding the request. The Commissioners discussed their concerns that the classification of Neighborhood Commercial proposed for a portion of the property owned by the Cramptons has not, as yet, been adopted by the Town. Mr. Kuczynski assured the Commissioners that the Town will be approving this zoning classification on August 11, 1997. The Commissioners also discussed issues concerning the proposed bypass road through Funkstown which would run through this property and the need for future right-of-way. They asked Mr. Crampton to keep the alignment for this future road in mind when planning this area. (Commissioner Bowers was excused from the meeting at 11:50 a.m.) Motion made by Commissioner Wade, seconded by Shank, to approve the Resolution as submitted for the purpose of providing express approval to the Mayor and Council of Funkstown of the proposed zoning classifications in connection with the annexation of approximately 67.37 acres of land into the corporate limits of the Town of Funkstown. Unanimously approved. UPDATE ON COLLECTIVE BARGAINING NEGOTIATIONS  Alan Davis, Director of Human Resources, and Frank Kollman, the Countys labor attorney, met with the Commissioners to provide a status report on collective bargaining negotiations and to get direction from them. Mr. Kollman stated that there are three specified areas for bargaining - mandatory, permissive, and illegal. Mr. Kollman defined each of the three categories. He stated that the Maryland State Law that became effective July 1, 1997, requires Washington County to negotiate the following items: personal days off, grievance and arbitration procedures, bereavement leave, hours of work and wages, overtime pay, safety and health, meal periods, and military leave as mandatory to the collective bargaining process. He reviewed items discussed during bargaining and some of the comments made during negotiations. He stated the union representatives have agreed to a 3% increase with the understanding that they will not seek any additional economic increases until the opener next year. Mr. Kollman stated that they have met in good faith and have reached agreement on all mandatory subjects of bargaining. He asked if the Commissioners wanted to engage in further discretionary bargaining on permissive subjects or, since the obligations have been fulfilled under State law, if they want him to prepare a memorandum of understanding for adoption.  Motion made by Commissioner Wade, seconded by Downey, to direct the Countys labor attorney, Frank Kollman, to prepare a memorandum of understanding for signature by the union on the mandatory subjects agreed upon, having complied fully with the Maryland Collective Bargaining law, for a three-year agreement. Unanimously approved. RECESS - LUNCH AND TOUR OF AG EXPO The Commissioners recessed at 12:01 p.m. in order to attend a luncheon and tour of Ag Expo at the Agricultural Education Center. AUGUST 5, 1997 PAGE FIVE AFTERNOON SESSION The Afternoon Session was called to order at 2:24 p.m. by the President, Gregory I. Snook, with the following members present: Vice President John Shank, and Commissioners R. Lee Downey and James R. Wade. BID AWARD - ROOF REPLACEMENT - ROADS DEPARTMENT Motion made by Commissioner Shank, seconded by Downey, to award the bid for roof replacement at the specified Roads Department facilities to Bonded Applicators which submitted the low bid of $27,341. Unanimously approved. CHANGE ORDER REQUEST NO. 2 AND BUDGET TRANSFER - RECONSTRUCTION OF STORMWATER MANAGEMENT POND A Joe Kroboth, Assistant County Engineer, met with the Commissioners regarding the repairs to stormwater management pond A at the landfill. Mr. Kroboth stated that change order #2 is for $27,75l.50 which would allow the construction of a manhole and collection piping to intercept the leachate for treatment to drain into the manhole. He indicated that there will be a third phase needed to complete this project. Motion made by Commissioner Wade, seconded by Downey, to approve Change Order No. 2 in the amount of $27,751.50 as presented by the Assistant County Engineer, and to approve the budget transfer necessary to this work. Unanimously approved. CONVENE IN CLOSES SESSION Motion made by Commissioner Downey, seconded by Wade, to convene in at 2:33 p.m. to consider personnel issues, to consult with counsel to obtain legal advice, and to consider matters that concern the proposal for businesses or industrial organizations 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 Wade, seconded by Shank, to reconvene in open session at 3:59 p.m. Unanimously approved. In the Commissioners considered three (3) personnel issues, consulted with legal counsel on one (1) issue, and one (1) issue related to the location, expansion or retention of business or industrial organizations. APPROVAL OF MINUTES - JULY 29, 1997 Motion made by Commissioner Downey, seconded by Wade, to approve the minutes of July 29, 1997, as submitted. Unanimously approved. ADJOURNMENT Motion made by Commissioner Shank, seconded by Downey, to adjourn at 4:00 p.m. Unanimously approved. County Administrator Assistant County Attorney , Clerk * Minutes were amended on October 7, 1997, to include the four-year term of William Reuter on the PenMar Development Corporation.