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August 18, 1998
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 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 Bowers, followed by the Pledge
of Allegiance to the Flag by the full assemblage.
APPROVAL OF MINUTES - JULY 28 AND AUGUST 11, 1998
Motion made by Commissioner Downey, seconded by Bowers, to approve the
minutes of July 28, 1998, as submitted, and August 11, 1998, as amended.
Unanimously approved.
BID AWARD - CONSTRUCTION OF HEATED EQUIPMENT STORAGE BUILDING AT
CONOCOCHEAGUE WASTEWATER TREATMENT PLANT
Gary Rohrer, Director of Public Works, met with the Commissioners to
recommend that the Commissioners award the contract for the construction of
the heated storage building at the Conococheague Wastewater Treatment Plant
to Myers Building Systems, Inc. Mr. Rohrer stated that Myers Building
Systems submitted the low total sum base bid for the project, however they
did submit an incorrect figure for item A1. He stated A1 was included for
informational purposes only and does not affect the total base bid. Mr.
Rohrer asked that it be waived as a technicality and the bid awarded to the
low bidder.
Motion made by Commissioner Downey, seconded by Wade, to award the contract
for construction of a heated equipment storage building at the Conococheague
Wastewater Treatment Plant to Myers Building Systems, Inc. which submitted
the low total sum base bid of $178,221 and to waive the incorrect figure
submitted in A1 as a technicality. Unanimously approved.
Tim Campbell, representing Excel Construction Company, the second lowest
bidder, was in attendance and stated that the item was confusing and that he
has no problem with the County awarding to the low bidder based on the total
sum base bid.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Bowers reported on a meeting with representatives of the
Economic Development Administration. Commissioner Downey asked for an
update on the proposal made by the Association for Retarded Citizens to
provide centralized pick-up for the pilot curbside recycling program. He
also asked for additional information on the situation at Red Brick Lane.
IMPACT OF SEWAGE SLUDGE APPLICATION & WATER QUALITY IMPROVEMENT ACT
Don Schwartz, Extension Agent - Agricultural & Natural Resources, met with
the Commissioners to provide background information on the Water Quality
Improvement Act (WQIA) of 1998 and its effect on nutrient management plans
in place. Mr. Schwartz informed the Commissioners that the WQIA represents
a major change in the approach to controlling agricultural nutrient
pollution. He stated that the most far-reaching requirement of the WQIA is
that all agricultural operations with annual incomes greater than $2,500
will be required to implement a nitrogen- and phosphorus-based nutrient
management plan. Mr. Schwartz provided information on the soils in the area
and how they are affected by the application of sewage sludge. He stated
that phosphorus is retained in the soils for longer periods and this will
require approximately three times as much land for application. The types
of soils will help govern the application rates and amount of storage on
the fields. Commissioner Shank expressed concerns about the amount of
sewage sludge which will be hauled in from outside the County. He stated
that the Maryland Department of the Environment implements the program and
he feels that the County should contact State representatives to request
that controls be established. Mr. Schwartz stated that the Governors
Advisory Committee has not drafted regulations as of this time so it is not
known how sewage sludge application regulations will be affected. He
indicated that he will report to the Commissioners when he has additional
information.
DISCUSSION OF ROUNDHOUSE PROJECT
Bill Knode, representing the Hagerstown Roundhouse Museum Board, met with
the Commissioners in regard to saving the roundhouse complex from
demolition. Mr. Knode requested that the County submit a letter of intent
to CSX Railroad to acquire the roundhouse property with the reimbursement
AUGUST 18, 1998
PAGE TWO
cost to be paid by the Museum. He stated that the Museum Board has $325,000
pledged toward the purchase and they are confident they can raise the
balance within six months. Mr. Knode also stated that the Museum will
provide insurance for liability. Denise Troxell made a presentation in
support of the request. John Darnell, Aide to Congressman Bartlett,
distributed a letter from the Congressman in support of the project. The
Commissioners voiced their concerns regarding the liability and expense
involved if the site contains hazardous waste. Mr. Darnell stated that if
CSX receives a letter of intent from the County, they will proceed in having
a site characterization study done which will show where the contaminants
are located. He indicated that CSX would then be required to clean up the
site to the Maryland Department of the Environments satisfaction. The
Commissioners had several questions regarding liability, financing, and if
the property can be transferred to another entity. Commissioner Snook asked
Mr. Knode to try to get the answers from CSX in time for the joint meeting
with the City Council. Mayor Robert Bruchey, City of Hagerstown, was also
in attendance and related information they have received from CSX Railroad
in their meetings with them regarding the roundhouse property.
APPROVAL OF REVISIONS - PERFORMANCE MANAGEMENT SYSTEM
Alan Davis, Director of Human Resources, reviewed the proposed revisions to
the performance management system as outlined on August 11. Mr. Davis
provided additional information requested by the Commissioners regarding
time involved with performance evaluations and the estimated cost of staff
time. He also provided organizational charts of County departments.
Motion made by Commissioner Wade, seconded by Downey, to approve the
revisions proposed to the Performance Management System Policy PR-19.
Motion carried with Commissioners Wade, Downey, Shank, and Snook voting
AYE and Commissioner Bowers voting NO.
CITIZENS PARTICIPATION
Don Allensworth voiced concerns regarding the fast track permitting
process.
Commissioner Snook acknowledged County Commissioner candidates Mary Kline
and Paul Schwartz who were in attendance.
REVISION TO MEMORANDUM OF UNDERSTANDING - LOCAL MANAGEMENT BOARD
Motion made by Commissioner Bowers, seconded by Downey, to approve the
revised Memorandum of Understanding with the State of Maryland, Office of
Children, Youth, and Families, for the Local Management Board to ratify the
changes made in the budget figures and the estimated number of households to
be served. Unanimously approved.
SOLE SOURCE CONTRACT WITH DEPARTMENT OF SOCIAL SERVICES - LMB
Motion made by Commissioner Bowers, seconded by Shank, to approve the
revisions to the sole source contract for Family Preservation, Return and
Diversion Services with the Washington County Department of Social Services
for the Local Management Board, as a result of the clarification from the
State regarding eligibility requirements. Unanimously approved.
BUDGET INCREASE - LMB SYSTEM REFORM GRANT
Motion made by Commissioner Bowers, seconded by Shank, to approve the budget
increase to the LMB due to the System Reform Grant from the State in the
amount of $1,840,742. Unanimously approved.
APPROVAL OF GRANT FUNDS - VARIOUS PROGRAMS
Motion made by Commissioner Shank, seconded by Wade, to approve the
following grants: Crisis Intervention/Night Intake Grant - Dept. of Juvenile
Services - to approve a $31,938 grant for the Crisis Intervention/Night
Intake Grant for the Department of Juvenile Services; Restitution Services
Grant - Juvenile Services - to approve grant funds from the State in the
amount of $71,392 for the Restitution Services Grant for the Department of
Juvenile Services; Service-Linked Housing Program Grant - Community Action
Council - to approve grant funding in the amount of $28,844 for the Service-
Linked Housing Program for the Community Action Council; and Housing
Counselor Program Grant - to approve the grant funds in the amount of
$43,961 for the Housing Counselor Grant Program for Community Action
Council. Unanimously approved.
BUDGET TRANSFER FOR OVERLAY PROGRAM - SURPLUS FUNDS
Motion made by Commissioner Wade, seconded by Bowers, to approve a budget
AUGUST 18, 1998
PAGE THREE
transfer of $500,000 to adjust the Fiscal Year 1998 Capital Improvements
Program budget and General Fund budget to provide additional for
appropriation to the overlay program. Unanimously approved.
EXTENSION OF LEASE AGREEMENT - 1260 MARYLAND AVENUE
Motion made by Commissioner Shank, seconded by Wade, to approve extensions
to the lease agreements with the Washington County Extension Service, the
Farm Service Agency, and Central Maryland Farm Credit at 1260 Maryland
Avenue for a one-year period commencing November 1, 1998 and terminating on
October 31, 1999, and to approve an additional one-year extension if
necessary. Unanimously approved.
APPROVAL OF DECLARATION - LAND CONVEYANCE
Motion made by Commissioner Downey, seconded by Shank, to approve the
Declaration to accept the approved subdivision plat for land conveyed from
the Hagerstown-Washington County Industrial Foundation, Inc./Xerxes
Corporation in the 70/81 Industrial Park. Unanimously approved.
REAPPOINTMENTS - ETHICS COMMISSION
Motion made by Commissioner Shank, seconded by Wade, to reappoint Catherine
Drummond and Mildred Mickey Myers to the Ethics Commission for three-year
terms. Unanimously approved.
REAPPOINTMENT OF CHAIRMAN - LOCAL MANAGEMENT BOARD
Motion made by Commissioner Bowers, seconded by Wade, to reappoint Michael
Hardy as Chairman of the Local Management Board for a one-year period.
Unanimously approved.
WESTERN MARYLAND EXHIBIT - MARYLAND ASSOCIATION OF COUNTIES CONFERENCE
Paulette Sprinkle reported to the Commissioners that for the second year in
a row, the exhibit by the three Western Maryland counties won first place
for Best County Booth at the Maryland Association of Counties (MACo) annual
conference. She stated that the booth was titled Western Marylands Mardi
Gras of Festivals which promoted the numerous festivals found in Allegany,
Garrett and Washington Counties. Ms. Sprinkle thanked her counterparts in
Allegany and Garrett Counties for helping to make the booth a success.
Commissioner Snook thanked Ms. Sprinkle for the time and effort she put into
helping to prepare this years exhibit.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wade, seconded by Bowers, to convene in closed
session at 11:14 a.m. to consult with counsel to obtain legal advice, 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 Wade, to reconvene in open
session at 11:55 a.m. Unanimously approved.
In closed session the Commissioners considered consulted with counsel to
obtain legal advice on three (3) legal matters.
RECESS - LUNCH
The Commissioners recessed for lunch at 11:56 a.m.
Commissioner Wade was excused from the meeting at 11:56 a.m.
AFTERNOON SESSION
The afternoon session was called to order at 1:11 p.m. by the Vice President
John S. Shank, with the following members present: Commissioners Ronald L.
Bowers and R. Lee Downey.
STATUS OF ENGINEERING PROJECTS
Terry McGee, Chief Engineer, and Gary Rohrer, Director of Public Works, met
with the Commissioners to review the Engineering Departments current
workload and identify the priority projects. Mr. McGee reviewed the monthly
project status report. He informed the Commissioners that there are 56
active design/right-of-way projects and 10 active construction projects. He
stated that these are considered as priority projects. Mr. McGee also
reviewed the private developer projects. At the Commissioners request, Mr.
McGee provided details on the status of individual projects.
(Commissioner Snook arrived at 1:29 p.m. and assumed the chair.)
AUGUST 18, 1998
PAGE FOUR
RECESS
The Commissioners recessed at 1:54 p.m.
JOINT MEETING WITH CITY OF HAGERSTOWN
The Commissioners met with Hagerstown Mayor Robert Bruchey and City Council
members Al Boyer, Susan Saum-Wicklein, and Wallace McClure, at City Hall at
4:30 p.m.
Update - District Court Project
Debbie Everhart, Economic Development Coordinator for the City of
Hagerstown, introduced Barry Miller, Project Manager for the District Court
project. Mr. Miller presented the artists rendering of the new District
Court facility. He stated that the design will be completed in the Fall and
hope to advertise for bid in early Winter. The construction will begin in
the Spring of 1999. Mr. Miller reviewed the plans for the facility and
opened the meeting for any questions.
Proposed New Business Park
John Howard, Executive Director of the Economic Development Commission, and
Ms. Everhart appeared before the Commissioners and City Council to discuss
the site for a proposed business park in the West End of Hagerstown. Mr.
Howard stated that the 70-acre site is located on Marshall Street near the
Interstate 81 interchange. Ms. Everhart reviewed the current zoning on the
property. Councilman Boyer stated that if the project moves forward, there
should be consideration given to construction of a connector road to
Pennsylvania Avenue. The group suggested that this proceed as an Economic
Development Commission project and not as a City or County project. They
suggested that CHIEF be used as a conduit for development of the project.
Merle Elliott, President of CHIEF, suggested that an economic feasibility
study be done to see if a market exists for a new business park. The
Commissioners and City Council agreed that Mr. Howard and Ms. Everhart
should proceed to discuss the proposed business park with CHIEF.
Roundhouse Museum - Discussions
Commissioner Snook informed the Mayor and City Council of the presentation
made earlier in the session regarding the CSX Roundhouse site. William
Knode and Blaine Weaver, representing the Roundhouse Museum Board of
Trustees, along with John Darnell, Aide to Congressman Roscoe Bartlett, and
Denise Troxell were in attendance to support the request that the City
and/or County purchase the Roundhouse site. Mr. Darnell stated that CSX has
agreed to assume responsibility for clean-up of any contamination found in
the site survey. He indicated that CSX has indicated that they will not
sell the property to the Roundhouse Museum Board but would agree to sell it
to a government agency or large corporation. The Commissioners suggested
that there may be a national railroad organization which could assist as a
conduit in the purchase of the site. Councilwoman Saum-Wicklein suggested a
possible joint venture between the Federal, State and local governments.
Mr. Darnell stated that CSX is looking for a Letter of Intent to purchase
the property which could be made contingent upon the approval of the
Maryland Department of the Environment (MDE) after the site characterization
survey is completed. The purchaser would not receive the property until CSX
has finalized the clean-up. Mr. Darnell then provided information on the
type of possible contaminants on the property. He stated that MDE would
require mitigation or encapsulation of the areas in question. Commissioner
Snook stated that they need to meet with CSX representatives to get answers
to some of their questions before they proceed.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Downey, seconded by Shank, to convene in closed
session at 5:55 p.m. to consult with counsel to obtain legal advice, 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 6:00 p.m. Unanimously approved.
In closed session the Commissioners considered consulted with counsel to
obtain legal advice on one (1) matter regarding a proposed agreement.
ADJOURNMENT
Motion made by Commissioner Downey, seconded by Shank, to adjourn at 6:00
p.m. Unanimously approved.
AUGUST 18, 1998
PAGE FIVE
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