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HomeMy WebLinkAbout970819 August 19, 1997 Hagerstown, Maryland The Regular Meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 7:30 a.m. by the President, Gregory I. Snook, with the following members present: Vice President John S. Shank, and Commissioners Ronald L. Bowers and R. Lee Downey. CONVENE IN CLOSED SESSION Motion made by Commissioner Downey, seconded by Bowers, to convene in at 7:30 a.m. to consider personnel matters 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 Downey, seconded by Shank, to reconvene in open session at 8:40 a.m. Unanimously approved. In the Commissioners considered six (6) personnel issues and one (1) issue related to the location, expansion or retention of business or industrial organization. Commissioner Snook was excused from the meeting at this time, and Commissioner Shank assumed the chair. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full assemblage. STREET ACCEPTANCE - CROSS CREEK SUBDIVISION PHASE II Motion made by Commissioner Downey, seconded by Bowers, to conditionally accept 230 linear feet of Wilderness Way, 145 linear feet of Manassas Drive (formerly known as Shiloh Drive), 845 linear feet of Bush Willow Way, 135 linear feet of Bull Run Drive, and 195 linear feet of Warm Springs Court, located in Cross Creek Subdivision Phase II, and to accept a two-year maintenance bond in the amount of $15,500. Unanimously approved. RIGHT-OF-WAY - SHAWLEY DRIVE RAILROAD CROSSING Motion made by Commissioner Downey, seconded by Bowers, to accept a deed of easement for a conveyance of 4,013 square feet from General Electric and to acquire 2,284 square feet of right-of-way from DDS LLP, a Maryland limited liability partnership, and 540 square feet in revertible easement for the amount of $6,500 for the Shawley Drive Railroad Crossing project. Unanimously approved. SHAWLEY DRIVE ROAD IMPROVEMENTS Motion made by Commissioner Bowers, seconded by Downey, to approve the following dedicated deeds of right-of-way needed for the Shawley Drive Road improvement project: Dahbura Real Estate Partnership - 2,360 square feet; Wayne and Irma Weber - 8,059 square feet; and Abbud and Mary Dahbura - 1,752 square feet. Unanimously approved. RUNWAY PROTECTION ZONE -OPTION AGREEMENT Motion made by Commissioner Bowers, seconded by Downey, to approve an Option Agreement with Donald and Lois Horst for the purchase of 3.28 acres of land for the Airport Runway Protection Zone for the amount of $45,920. Unanimously approved. REVIEW OF FISCAL YEAR 1998 BOARD OF EDUCATION BUDGET Linda Barkdoll, Interim School Superintendent, and Chris South, Director of AUGUST 19, 1997 PAGE TWO Budget and Finance for the Board of Education, met with the Commissioners to discuss the FY 1998 Operating Budget for the Board of Education. Also present were Board of Education members Marie Byers, Dori Nipps, Robert Kline, Edwin Hayes, and Andrew Humphreys. Mr. South stated that after the salary increases were budgeted, they found they had an excess of approximately $184,000 due primarily to turnover credit. He indicated that they would like to make the following adjustments: 1) Add $10,000 to the budget for expenses related to the search for a new Superintendent, 2) Add $15,000 to legal fees, 3) Increase  the Superintendents salary line by $15,000 to reflect the advertised salary range, 4) Add $1,500 to Outdoor Schools instructional materials, and 5) Adjust Special Education Nonpublic Placement revenues and expenses by $143,000. The Commissioners reviewed the proposal and recommended that a portion of the turnover credit be used to purchase additional textbooks. (Commissioner Snook returned to the meeting at 9:24 a.m. and assumed the chair.) Motion made by Commissioner Bowers, seconded by Shank, to approve the proposed amendments to the fiscal year 1998 Operating Budget for the Board of Education with the stipulation that $50,000 of the turnover credit be added to the materials and instruction category. Unanimously approved. Mr. South stated that the Board of Education approved a list of equipment they wish to purchase with the $940,332 allocated by the Commissioners for non- recurring costs. He distributed a summary of the projects and a list of the equipment. He stated that the Director of Computer Related Instruction will use $94,923.31 from his unrestricted allocation to avoid splitting one of the projects. The Commissioners reviewed and approved the plan for the expenditure of non-recurring costs. The Commissioners suggested that the Board of Education consider a feasibility study with the County and Hagerstown Junior College to consider a joint bid for health insurance coverage. He stated that this would result in a lower rate due to the economies of scale. Mrs. Byers indicated that employee labor groups also review the health insurance plans, but that they would consider this proposal. Mrs. Byers and Mr. Kline requested that the Commissioners consider a modification to the Capital Improvements Plan. They indicated that if the Commissioners allocate an additional $500,000 for the Capital Improvements Program (CIP) budget for fiscal years 1999 and 2000, it would allow the Board to proceed with Phase I of the renovation of South Hagerstown High School and several elementary schools. Dennis McGee, Director of Facilities Management, stated that if the Commissioners approve the additional funding the Board could leverage an additional $1 million per year in State funds. At this time Mr. McGee reviewed the architectural plans for South High. The Commissioners agreed to take this request under consideration. PUBLIC HEARING - AGRICULTURAL LAND PRESERVATION DISTRICTS The Commissioners convened a public hearing to consider applications AD-97-06, AD-97-07, and AD-97-08 for the establishment of Agricultural Land Preservation Districts. Eric Seifarth, Associate Planner - Agriculture, reviewed the applications and stated that they have been approved by the Agricultural Land Preservation Advisory Board and that the Planning Commission found the applications to be consistent with the Comprehensive Plan. No one was present to speak in favor of or in opposition to the applications. Motion made by Commissioner Shank, seconded by Bowers, to approve application AD-97-06, submitted by Arlan and Doris Martin; AD-97-07, submitted by Beverly Shriver; and AD-97-08, submitted by Donald Harding, for establishment of AUGUST 19, 1997 PAGE THREE Agricultural Land Preservation Districts as presented. Unanimously approved. PUBLIC HEARING - ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT COMMISSION The Commissioners convened a public hearing at 10:18 a.m. in order to consider an ordinance establishing an Economic Development Commission. Beth Evans, Assistant County Attorney, stated that the enabling legislation which was enacted requires the establishment of an Economic Development Commission by ordinance. She reviewed a draft of the proposed ordinance. The Commissioners discussed the language regarding the recommendation from the Commission on hiring of a Director and a proposed time frame for receiving a recommendation. At this time Commissioner Snook opened the meeting for public comments. Donald Allensworth stated that Washington County and the City of Hagerstown should have separate economic development offices, and he proposed that language be added to the ordinance regarding conflict of interest provisions. Tom Newcomer, member of the Economic Development Commission, indicated that it is important to leave the language in the ordinance giving the Director the authority to recommend employment or removal of any other employee. The public hearing was closed at 10:43 a.m. The Commissioners took this matter under consideration.  CITIZENS PARTICIPATION Donald Allensworth spoke about requirements for annexation. LOCAL MANAGEMENT BOARD (LMB) ENABLING RESOLUTION Michael Hardy, Chairperson of the Local Management Board (LMB), and Kristin Grosh, Coordinator for the Office of Children & Youth, met with the Commissioners to discuss the draft resolution which would define the LMB. Mr. Hardy stated that the LMB has reviewed the draft and asked that one sentence be deleted under the Mission Statement and Duties and Powers section. The Commissioners reviewed the resolution and agreed to modify the language to more clearly state their intent. After discussion, the Commissioners directed the Assistant County Attorney to revise the resolution to more clearly state the intent of the Commissioners and work with Mr. Hardy on this revision. GAMING COMMISSION UPDATE Sue Tuckwell, Chairperson of the Gaming Commission, and Kathy Sterling, Gaming Commission Coordinator, appeared before the Commissioners to provide an update on the monies distributed by the Gaming Commission. Ms. Tuckwell reported on the tip jar activity from July 1, 1996 through March 31, 1997. She provided information on the distribution of gaming funds to non-profit agencies and the amount each agency received. Ms. Tuckwell stated that a total of $2.3 million has been distributed to non-profit agencies and volunteer fire and rescue companies. She indicated that the Gaming Commission would like to schedule a meeting with the County Commissioners and the Washington County Delegation to the General Assembly regarding legislative requests for the 1998 legislative session. The Commissioners thanked them for providing the update. RESCIND CONTRACT AWARD - ENGINEERING & DESIGN SERVICES FOR IMPROVEMENTS TO THE ELK RIDGE WATER SUPPLY Motion made by Commissioner Bowers, seconded by Downey, to rescind the contract awarded on July 15, 1997 to John E. Harms, Jr. and Associates, Inc. for engineering and design services for the Elk Ridge water supply pursuant to the decision made by the Board on August 5, 1997, to have the Water & Sewer Department staff design this project in-house. Unanimously approved. BID AWARD - CAVETOWN SEWAGE COLLECTION SYSTEM, PHASE II Motion made by Commissioner Shank, seconded by Bowers, to award the bid for engineering and design of the Cavetown Sewage Collection System, Phase II, to AUGUST 19, 1997 PAGE FOUR C. William Hetzer, Inc., which submitted the low total base bid of $275,875, contingent upon Part B approval by the Maryland Department of the Environment. Unanimously approved. RENEWAL OF AGRICULTURAL LEASE - LUND TRACT Motion made by Commissioner Bowers, seconded by Downey, to renew the agricultural lease with Arnold Horst for a three-year period beginning in 1998 for the Lund tract at the existing rent. Unanimously approved. SETTLEMENT AGREEMENT - MARYLAND OCCUPATIONAL SAFETY & HEALTH Motion made by Commissioner Shank, seconded by Bowers, to approve the settlement agreement with the Maryland Occupational Safety & Health Department with regard to the Shives case, as presented by the County Attorney. Unanimously approved. RECESS - VISIT TO REFORESTATION SITE AND LUNCH The Commissioners recessed at 11:24 a.m. in order to make a field visit to the Lawrence Izer property which was used as a pilot reforestation site and for lunch at the Agricultural Education Center. Motion made by Commissioner Shank, seconded by Downey, to continue using Forest Conservation Funds for the reforestation program as outlined by the Planning Department and Soil Conservation District. Unanimously approved. AFTERNOON SESSION The Afternoon Session was called to order at 1:51 p.m. by the President, Gregory I. Snook, with the following members present: Vice President John Shank, and Commissioners Ronald L. Bowers and R. Lee Downey. HOPEWELL ROAD AREA DEVELOPMENT - KCI TECHNOLOGIES PRESENTATION Gary Rohrer, Director of Public Works, introduced Nathan Beil, Brian Bernstein, Steve Drumm and John Erdman from KCI Technologies who will be presenting a draft final report for Phase I - Alignment and Environmental Studies for Halfway Boulevard Extended and Newgate Boulevard. Mr. Rohrer provided an overview of the project. He stated that the project area is 1,800 acres which is bordered by Interstate 70 to the south, US 40 to the north, Hopewell Road to the east and MD Route 63 to the west. April Fehr, from Goodwin & Associates, Inc., provided a summary of the historical and cultural resources on the site. Brian Bernstein reviewed the environmental data for the area and Steve Drumm, Project Manager, reviewed the  land use plan. He displayed composite GIS maps showing the build able areas, the applied land use plan, and the stormwater management areas and floodplains. John Erdman presented the traffic study. Mr. Drumm stated that KCI has developed three alternatives for roadway alignment for Halfway Boulevard Extended and Newgate Boulevard. He reviewed the constraints and advantages of each alternative. He indicated that each of the alternatives would cost $12-13 million to construct. The meeting was then opened for questions from the Commissioners and the land owners in attendance. Mr. Rohrer stated that the maps outlining Alternatives A-C will be available in the Public Works office for further review.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners of the September 26 meeting with the Greater Hagerstown Committee and the Hagerstown Mayor and City Council. He informed them that the Casual Day for Terry Stouffer raised $392. Mr. Shoop stated that other activities in September AUGUST 19, 1997 PAGE FIVE include the Air Show on September 6 and 7 and the 135th commemorative re- enactment of the Battle of Antietam on September 12-14. The Commissioners asked Mr. Shoop to obtain additional information on the notification from the Department of General Services that the State may acquire land in Washington County near Indian Springs. The Commissioners discussed the letter from the Hagerstown Housing Authority regarding the proposed consolidation with the Washington County Housing Authority. The Commissioners directed Mr. Shoop to draft a letter to the Hagerstown Housing Authority for their review and they will address the conditions outlined in the proposal in the interim. BUDGET TRANSFER REQUEST - WATER & SEWER DEPARTMENT Motion made by Commissioner Bowers, seconded by Shank, to approve the transfer of $22,000 from Account 006-712-71400-405 (Water Storage Reservoir - Conococheague), as requested by the Water & Sewer Department, to provide funds for materials and labor to install two mechanical mixers in SBR No. 2 at the Conococheague Water Treatment Plant. Unanimously approved. CHANGE ORDER - LUND TRACT PHASE II - ENGINEERING & DESIGN SERVICES Motion made by Commissioner Bowers, seconded by Downey, to approve the change order with SCS Engineers in the amount of $28,861.00 to provide the additional geotechnical services required by the Maryland Department of the Environment. Unanimously approved. CHANGE ORDER REQUEST NO. 3 AND BUDGET TRANSFER - RECONSTRUCTION OF STORMWATER MANAGEMENT POND A Motion made by Commissioner Downey, seconded by Shank, to approve a change order in the amount of $59,070 to cover the expense for more extensive reconstruction of Pond A at the landfill, and to approve the budget transfer for this work from 1997 close-out savings to Account 40-5-1430-580-115. Unanimously approved. PERSONNEL AND EMPLOYMENT DECISIONS Motion made by Commissioner Bowers, seconded by Shank, to approve the following personnel actions: Part-time Cart Attendants - Black Rock Golf Course - to employ William Lingenfelter and Matthew Sullivan as Part-time Cart Attendants at $4.75 per hour; Golf Maintenance Mechanic - Black Rock Golf Course - to employ Mike Berger, Grade 6, to fill an existing vacancy; ; Chief Plant Operator I - Water & Sewer Department - to promote Julie Pepple to the position of Chief Plant Operator I at the Water & Sewer Department at Grade 10 to fill an existing vacancy; Part-time Spray Assistant - Weed Control - to employ Henry Lebo as Part-time Spray Assistant for the Weed Control Program at $7.00 per hour and Fire & Rescue Communications Technician - to promote Robert Hoopengardener from Part-time to Full-time Fire and Rescue Communications Technician, Grade 7, to fill an existing vacancy. Unanimously approved. PIPELINE EASEMENT AGREEMENT - CSX TRANSPORTATION, INC. Motion made by Commissioner Shank, seconded by Bowers, to approve the one-time fee of $1,500 to CSX Transportation, Inc., for a pipeline easement crossing needed for the Beaver Brook project. Unanimously approved.  COMMISSIONERS REPORTS AND COMMENTS Commissioner Snook reported that he received a letter from the Maryland Department of the Environment (MDE) that a public information meeting will be held on September 10 regarding an application to apply sewage sludge on the Rhoton farm. He also reviewed correspondence from MDE regarding a surface dewatering application which was approved for the Mellott quarry. AUGUST 19, 1997 PAGE SIX Commissioner Snook informed the Commissioners that the joint exhibit of Washington, Allegany, and Garrett Counties won first place at the MACo conference. He distributed a letter from the Department of Social Services notifying the Commissioners that an application has been filed to expand a Certified Adult Residential Environment home from three to five individuals. He also informed the Commissioners that MDE will be holding a public meeting on September 17 at Hagerstown Junior College in order to get input from them on environmental issues. Commissioner Shank reported on the Twilight Tattoo held at Fort Ritchie. He related information given to him on the public information meeting held by the Maryland Racing Commission at the Ramada regarding a request to establish an off-track betting parlor in Washington County. Commissioner Bowers reported on the State loan approved for the International Masonry Institute. APPROVAL OF MINUTES - JULY 31, AUGUST 5 AND 8, 1997 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of July 31, 1997, as presented, August 5, l997, as amended, and August 8, 1997, as presented. Unanimously approved. RE/APPOINTMENTS - ETHICS COMMISSION Motion made by Commissioner Shank, seconded by Bowers, to reappoint Omer T. Kaylor, Jr. to the Ethics Commission for a three-year term and to appoint Allan Powell for a three-year term. Unanimously approved. ADJOURNMENT Motion made by Commissioner Shank, seconded by Downey, to adjourn at 3:55 p.m. Unanimously approved. County Administrator County Attorney , Clerk