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HomeMy WebLinkAbout971118 November 18, 1997 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 the President, Gregory I. Snook, with the following members present: Vice President John S. Shank, and Commissioners Ronald L. Bowers and R. Lee Downey. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES - NOVEMBER 4, 1997 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of November 4, 1997, as submitted. Unanimously approved. PROCLAMATION - AMERICAN EDUCATION WEEK Commissioner Snook presented a proclamation to Sharon Chirgott and Bonnie Parks, representing the Board of Education, designating the week of November 16-22, 1997, as American Education Week and urging all citizens to make a commitment to public education and the future of County schools by donating their time and talents.  COMMISSIONERS REPORTS AND COMMENTS Commissioner Shank reported on the Recreation & Parks Board meeting. Commissioner Bowers stated that he enjoyed meeting with Herman Bartlett, Superintendent of Schools. Commissioner Downey reported on the meeting of the Advisory Commission to the Board of Health and the reception held by the Boonsboro Historical Society. JOINT RESOLUTION TO AMEND THE CONSOLIDATED GENERAL SERVICE AGREEMENT FOR THE PROVISION OF SANITARY SEWER SERVICE Richard Douglas, County Attorney, reviewed the Joint Resolution to Amend the Consolidated General Service Agreement for the Provision of Sanitary Sewer  Service (the Agreement), previously approved by the City of Hagerstown. Mr. Douglas stated that the resolution will expand the existing joint service area to include the Barkdoll tract under the Agreement. He indicated that the City has agreed to grant an allocation of 23,000 gallons per day (gpd) which is needed for the full build-out of the Prime Retail project. Commissioner Snook asked if the County must request additional allocation from the City each time a new development locates in the Sharpsburg Pike service area. Mr. Douglas stated that the boundary would have to be amended and additional allocation NOVEMBER 18, 1997 PAGE TWO requested each time it is needed, absent a comprehensive agreement for the area. Commissioner Downey agreed that the issue of allocation in the service area should be resolved with the City, but urged the Commissioners not to postpone adoption of the resolution because of this concern. He asked that the staff provide a realistic amount of allocation which will be needed for future development in the Sharpsburg Pike sewer service area so that the Commissioners could then make the City of Hagerstown an appropriate request. Motion made by Commissioner Downey, seconded by Bowers, to adopt the joint resolution with the City of Hagerstown to amend the Consolidated General Service Agreement for the provision of sanitary sewer service to the Barkdoll tract used by Prime Retail, to include this property as part of the joint service area, and to recognize that the City of Hagerstown has agreed to provide the additional allocation of 23,000 gallon per day. The Commissioners reviewed a map showing the Sharpsburg Pike service area and discussed the issues involved with Austin Abraham, Project Coordinator for the City of Hagerstown, and Gary Rohrer, Director of Public Works. Mr. Abraham informed the Commissioners that requests for additional allocation over 5,000 gpd are considered on a case-by-case basis by the Mayor and City Council. Requests under that amount can be granted by staff. He stated that the Mayor  and Council would have to approve a block of allocation for this area. The Commissioners agreed to discuss the issue today at their meeting with the Mayor and Council. Motion made by Commissioner Bowers, seconded by Downey, to table the motion to adopt the joint resolution with the City of Hagerstown to amend the Consolidated General Service Agreement until November 22 pending further discussion with the Hagerstown Mayor and Council. Unanimously approved. ACCEPTANCE OF PERFORMANCE BOND - CROSS CREEK Motion made by Commissioner Bowers, seconded by Shank, to accept a performance bond in the amount of $48,000 for a portion of Manassas Drive (formerly Shiloh Drive), a portion of Wilderness Way, and all of Cold Harbor Drive, located in the Cross Creek Subdivision. Unanimously approved. SUBDIVISION STREET ACCEPTANCES - ROXBURY HILL SUBDIVISION, HUYETTS BUSINESS PARK, WALNUT POINT HEIGHTS SUBDIVISION, AND VAN LEAR MANOR SUBDIVISION Motion made by Commissioner Downey, seconded by Bowers, to accept the  extension of Bettys Avenue located in the Roxbury Hill Subdivision and to accept a $12,700 maintenance bond. Unanimously approved. Motion made by Commissioner Shank, seconded by Downey, to accept the second phase of Business Parkway located in the Huyetts Business Park and Hibiscus Drive and Azalea Drive located in Walnut Point Heights Section I and to accept a maintenance bond in the amount of $46,000. Unanimously approved. Motion made by Commissioner Shank, seconded by Bowers, to accept Connor Drive, Bowen Court, and Paxton Drive located in the Van Lear Manor Subdivision, Sections l4 and 15, and to accept a $26,000 maintenance bond. Motion carried  with Commissioners Shank, Bowers, and Snook voting AYE and Commissioner  Downey ABSTAINING. OPTION ACCEPTANCES - ELK RIDGE WATER LINE Motion made by Commissioner Bowers, seconded by Shank, to approve the following Option Agreements needed for the Elk Ridge water line project: 4,852 square feet in perpetual easement and 3,287 square feet in revertible construction easement from Randy and Amelia Jones for the amount of $2,150; NOVEMBER 18, 1997 PAGE THREE 2,500 square feet in fee simple and 6,200 square feet in perpetual easement from Darryl Yost for the amount of $3,500; and to accept the deeds for the dedication of easement from James and Margaret Crawford and Donald and Theresa Beachley needed for the future widening of Chestnut Grove Road. Unanimously approved. POTOMAC VALLEY VOLUNTEER FIRE CO. - APPROVAL OF REVOLVING LOAN FUND REQUEST Motion made by Commissioner Bowers, seconded by Shank, to accept the recommendation of the Fire & Rescue Revolving Loan Fund Committee and approve the request made by the Potomac Valley Volunteer Fire Company for a loan in the amount of $100,000 from the Fire & Rescue Revolving Loan Fund to complete improvements to the existing fire station and new addition. Unanimously approved. UPDATE - QUAIL RUN STORMWATER MANAGEMENT POND RECONSTRUCTION Terry McGee, Chief Engineer, provided the history of the Quail Run stormwater management pond and the flooding problems experienced in that area. He stated that the pond is being reconstructed at this time by the County. Mr. McGee indicated that the developer has paid for the design work and will own and maintain the pond due to HUD requirements. PUBLIC HEARING - AMENDMENT TO SOLID WASTE PLAN REQUESTED BY TEMPICO MID- ATLANTIC LLC The Commissioners convened the public hearing to consider an amendment to the 1996 Solid Waste Management and Recycling Plan for Washington County, Maryland, to add Tempico Mid-Atlantic, LLC as a private operation to process medical waste by autoclave technology. Seymour Stern, counsel for Tempico, stated that in order for Tempico to obtain a permit from the Maryland Department of the Environment, the firm must have a letter stating that the  use is consistent with the Countys Solid Waste Plan. Mr. Stern stated that the Solid Waste Advisory Commission has recommended that the proposed amendment be approved. He indicated that the Planning Commission has not  heard Tempicos presentation. Mr. Stern introduced Dr. Robyn Gershon from Johns Hopkins University; David Wine from D. M. Bowman, Inc.; and Fred Barrett  from Perini Services, who would be speaking in favor of Tempicos application. At this time Doyle Payne, principal of Tempico, played a video tape showing  how Tempicos Rotoclave system is utilized to sterilize medical waste. Mr. Payne outlined how the site in the Washington County Business Park was chosen and the licensing requirements Tempico must meet. Dr. Gershon spoke about the safety of the system, and the hearing was then opened for questions from the public. All questions and comments from those in attendance opposed amending the plan to allow Tempico to operate its facility in Washington County. Commissioner Downey stated that he feels that an additional hearing should be held to allow the Planning Commission to make a recommendation on this request. Motion made by Commissioner Bowers, seconded by Shank, to deny the request made by Tempico Mid-Atlantic, LLC, to amend the Solid Waste Management and Recycling Plan to allow the operation of a medical waste processing facility.  Motion carried with Commissioners Bowers, Shank, and Snook voting AYE and  Commissioner Downey voting NO. CITIZENS PARTICIPATION Alvin Jones, a resident of Holiday Acres Subdivision, spoke in opposition to the proposed sewer project for this subdivision. Eddie Knight, acted as spokesman for homeowners in the Holiday Acres Subdivision, presented the Commissioners with a petition in opposition to the NOVEMBER 18, 1997 PAGE FOUR proposed sewer project. Donald Allensworth commented on the public hearing held earlier to amend the Solid Waste and Recycling Plan and stated that there is no zoning classification which allows a medical waste processing facility. Inez Stabline stated that the majority of people living in the Holiday Acres Subdivision are retired and they do not want public sewer service. Wayne Lafferty stated that he does not feel his property should be included in the service area for the project. Lillian Burke asked for information regarding when the public information meetings were held for the sewer project. Greg Murray, Director of the Water and Sewer Department, provided information on the history of the project. Ed Stabline indicated that he feels another public meeting should be held. Commissioner Snook stated that the Commissioners will review this matter and notify the residents whether they will proceed with the project. UPDATE ON PRE-TREATMENT MARKETING Greg Larsen, Marketing Coordinator, met with the Commissioners to provide an update on the marketing efforts to increase usage of the Conococheague industrial pre-treatment facility. Mr. Larsen stated that the identified objectives for marketing are as follows: 1) be more responsive to existing clientele; 2) market to suitable businesses within a 70-mile radius; 3) expand existing customer base through collaboration with rail services; and 4) reduce or remove contractual limitations imposed by the State funding agency. Clarence Scheer, Chairperson of the Water & Sewer Advisory Commission, commended Mr. Larsen for his efforts and discussed some of the goals the Advisory Commission has given Mr. Larsen for 1998. The Commissioners discussed the objectives and thanked Mr. Larsen for the update. BIOSOLIDS DISPOSAL OPTIONS Greg Murray, Director of the Water & Sewer Department, appeared before the Commissioners to discuss options for the disposal of biosolids generated at the Water & Sewer Department. Mr. Murray stated that biosolids are currently disposed of by deposit in the landfill. This process is costly and does not provide any beneficial reuse of the material. An alternative would be to apply the biosolids to land which would save landfill costs and also benefit  the end user. Mr. Murray stated that an agreement has been reached with the Maryland Environmental Service to allow the Department to construct a facility to store the material at its existing site. He indicated that by using funds currently available in the Water & Sewer Department budget, the total savings would be approximately $90,000 per year. Mr. Murray reviewed the permitting process for the site, and asked the Commissioners for authorization to pursue this option. The Commissioners discussed the information presented. Motion made by Commissioner Shank, seconded by Downey to authorize the Water and Sewer Department to proceed with the recommendation to implement the program for land application of biosolids which are generated at the Water & Sewer Department facilities. Unanimously approved. RECESS - LUNCH The Commissioners recessed at 12:06 p.m. for lunch. NOVEMBER 18, 1997 PAGE FIVE AFTERNOON SESSION The Afternoon Session was called to order at 12:58 p.m. by the President, Gregory I. Snook, with the following members present: Vice President John Shank, and Commissioners Ronald L. Bowers, R. Lee Downey, and James R. Wade. PRETREATMENT UTILIZATION FOR EXISTING WASTE STREAMS & TRANSFER OF FUNDS Mr. Murray met with the Commissioners to discuss options for the treatment of septage, raw sewage, and chemical toilet waste which is currently trucked in for treatment. He explained that this type of waste contains large amounts of grit and debris which must be removed prior to treatment to prevent damage to downstream equipment and this has required substantial upgrades to the two facilities which currently handle the septage. Mr. Murray proposed switching these waste streams to the pre-treatment plant which will eliminate the substantial capital and operational costs incurred, improve efficiency for haulers and the Department, and improve the viability of the plant. He outlined a list of the benefits resulting from this modification. He explained that the funds currently in the Capital Improvements Program (CIP) budget for the upgrades to the Nicodemus plant and grit removal at the pretreatment plant could be used for this project. Mr. Murray stated that the total savings from this proposal would be $711,000 in capital costs. Motion made by Commissioner Wade, seconded by Bowers, to approve the recommendation made by the Director of the Water & Sewer Department to effect the necessary changes to transfer the referenced waste streams to the Conococheague Industrial Pretreatment Facility and to approve the transfer the funds from the CIP budget which are needed to implement this recommendation. Unanimously approved. DISCUSSION OF 1998 LEGISLATIVE ISSUES Richard Douglas, County Attorney, reviewed the 1998 legislative requests which the staff have submitted for consideration. Requests for changes in legislation were in the following areas: gaming, housing, water and sewer,  States Attorney salary, revenue sources, budget and finance, Board of Zoning Appeals, purchasing, agricultural easements, economic development, Local Management Board, including various amendments to the Code of Public Local Laws. The Commissioners discussed the requests submitted and modified the language in some of the requests. They asked that the list also include the extension of BNR requirements or additional funding from the State to make these changes, support for legislation requiring the State to pay costs of operating the Circuit Court operations, forgiveness of Water Quality Revolving Loan Fund loans for the Water & Sewer Department, and additional funding for school CIP projects. It was the consensus of the Commissioners to remove the request for authority to impose a fire tax. Mr. Douglas stated that these requests will be presented to the Washington County Delegation to the General Assembly on November 20 at a joint meeting with the Hagerstown Mayor and City Council.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, reported on the number of residents participating in the free bulk trash clean-up week at the landfill. He informed the Commissioners that a $3,000 grant has been received to allow the County to hire a student intern to assist with Internet access. Mr. Shoop gave an update of the Leadership Odyssey program and the development of a strategic plan for the County. BUDGET TRANSFER - TRI-COUNTY COUNCIL LOAN FUND Motion made by Commissioner Shank, seconded by Bowers, to approve the transfer of $28,125 from the Contingency fund (01-5-0109-579) to the Tri-County Council NOVEMBER 18, 1997 PAGE SIX  Revolving Loan Fund (01-5-0191-575-010) to fund Washington Countys contribution to the Tri-County Council Revolving Loan Fund. Unanimously approved. CONVENTION AND VISITORS BUREAU - REQUEST FOR FURNITURE & EQUIPMENT Motion made by Commissioner Shank, seconded by Downey, to allow the Visitors  and Convention Bureau to retain the executive furniture in the directors office and the laser printer, as requested, with a total estimated value of $1,800. Unanimously approved. APPROVAL OF LEASE - AIRPORT DELICATESSEN Motion made by Commissioner Shank, seconded by Bowers, to approve the lease with Cornerstone Culinary Corporation for operation of the delicatessen at the Regional Airport Terminal as presented. Unanimously approved. AGRICULTURAL LEASE - REGIONAL AIRPORT Motion made by Commissioner Downey, seconded by Bowers, to approve the five- year lease of 3.28 acres of land at the Regional Airport for agricultural use by Donald and Lois Horst for the amount of $1 per year. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Wade, seconded by Shank, to convene in closed session at 2:32 p.m. to consider personnel matters, to consult with counsel to obtain legal advice, to consider the acquisition of real property for a public purpose and matters directly related thereto, and to consider issues relating to collective bargaining, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. Commissioner Wade was excused from the meeting from 2:36 p.m. to 3:05 p.m. RECONVENE IN OPEN SESSION Motion made by Commissioner Wade, seconded by Downey, to reconvene in open session at 3:52 p.m. Unanimously approved. In closed session the Commissioners consulted with counsel to obtain legal advice on seven (7) issues, considered one (1) issue regarding the acquisition of real property for a public purpose and matters directly related thereto, considered one (1) personnel matter, and discussed negotiations relating to collective bargaining. RECESS The Commissioners recessed at 3:52 p.m. to meet with the Hagerstown Mayor and City Council at City Hall. JOINT MEETING WITH HAGERSTOWN MAYOR AND COUNCIL The Commissioners met with Hagerstown Mayor Robert Bruchey and City Council members Lewis Metzner, Susan Saum-Wicklein, Wallace McClure, and Al Boyer in the Council chambers at City Hall at 4:00 p.m. Narcotics Task Force Update  Ken Long, States Attorney; Sheriff Charles Mades; Dale Jones, Police Chief for the City of Hagerstown; and Sgt. Charles Summers, Director of the Narcotics Task Force, met with the group to provide an update on the Narcotics Task Force (NTF). Chief Jones stated that this is not a short-term effort but there has been a significant increase in the number of drug-related arrests. Sgt. Summers informed the group that there have been 242 cases to date this year and that the total number of arrests has doubled. He distributed a  summary of cases and provided information on the open air operation which NOVEMBER 18, 1997 PAGE SEVEN resulted in over 100 arrests this summer. He provided a profile of dealers and buyers in the area and stated that all law enforcement organizations have to keep the pressure on all fronts and all levels. Sgt. Summers stated that he could use four additional officers as well as additional resources. Commissioner Wade indicated that he would like to see the Circuit Court judges invited to attend the next update. Sheriff Mades stated that 35% of the inmates incarcerated at the Detention Center are there for drug-related offenses. He stated that he has an average daily count of 403 and approximately 155 are there awaiting trial. Sheriff Mades informed the Commissioners that Washington County ranks seventh in the State for housing  in-mates. Kenneth Long, States Attorney, stated that he feels a fifth Circuit Court Judge is needed to allow additional court time to try the cases. The Commissioners agreed to discuss this with the Delegation. Mr. Long  introduced Duane Gigeous, Assistant States Attorney, who provided information on the number of cases being handled by the NTF. Legislative Issues  Commissioner Snook reviewed the Countys 1998 legislative package and the changes made during the meeting earlier today. Mayor Bruchey stated that the  Citys requests include funding for a stadium, residency requirements,  inclusion of municipalities in the enhanced pension system, the States surplus, a parking agreement for the new District Court, and the need for a fifth Circuit Court judge. Commissioner Wade was excused from the meeting at 5:25 p.m. Sewer Service Allocation and Approve of Joint Agreement Gary Rohrer, Director of Public Works, and Austin Abraham, Project Coordinator, provided a summary of the issues the staff has outlined to date. They categorized them under the headings of opportunities, concerns, and issues. Councilman Boyer stated that he feels it is in the best interest of all citizens to work together on these issues. Commissioner Snook said that the County needs additional allocation for the Sharpsburg Pike sewer service area and explained his concerns with the City approving allocation for this area on a case-by-case basis. Commissioner Bowers stated that the County originally requested 200,000 gpd in 1988 but that it in negotiations the allocation was reduced down to 30,000 gpd. He suggested that the City grant the County an allocation for the entire area. After discussion, Mayor Bruchey suggested that this issue be discussed at the December 16 meeting to allow additional time for discussion. Motion made by Commissioner Bowers, seconded by Downey, to take from the table the motion relating to approval of the Joint Resolution to amend the Consolidated General Service Agreement. Unanimously approved. Motion made by Commissioner Downey, seconded by Bowers, to adopt the joint resolution with the City of Hagerstown to amend the Consolidated General Service Agreement for the provision of sanitary sewer service to the Barkdoll tract used by Prime Retail, to include this property as part of the joint service area, and to recognize that the City of Hagerstown has agreed to provide the additional allocation of 23,000 gpd. Unanimously approved. ADJOURNMENT Motion made by Commissioner Downey, seconded by Bowers, to adjourn at 6:15 p.m. Unanimously approved.