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HomeMy WebLinkAbout980922 September 22, 1998 Hagerstown, Maryland The Regular Meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:30 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 Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. PROCLAMATION - LAWSUIT ABUSE AWARENESS WEEK Commissioner Snook presented a proclamation to Linda Irvin-Craig and Victoria Nelson, representatives of Western Maryland Citizens Against Lawsuit Abuse, designating the week of September 20-26, 1998, as Lawsuit Abuse Awareness Week in Washington County and offering their support and recognition to the Citizens Against Lawsuit Abuse in its continuing efforts to inform the public of the costs associated with frivolous lawsuits. Ms. Irvin-Craig thanked the Commissioners for the proclamation and discussed the activities planned for the week. COMMISSIONERS REPORTS AND COMMENTS Commissioner Snook stated that he has received complaints about Cave Hill Church Road and asked that the Roads Department be notified of the problems. He informed the Commissioners that he received correspondence from the Department of the Environment (MDE) that the Albert Powell Fish Hatchery has applied for an increase in its water appropriation permit and that any comments should be directed to MDE. Commissioner Snook reminded the Commissioners of the Arts Council reception to be held October 2. He also complimented the fine job done by the Picnic Committee in planning the County picnic which was held September 19. Commissioner Downey reported on the annual transportation meeting. Rodney Shoop, County Administrator, stated that representatives from the State Highway Administration will be scheduled on the agenda to present information on roundabouts. Commissioner Shank informed the Commissioners that MiHi Day was held at the Agricultural Education Center last week. HAGERSTOWN ROUNDHOUSE - LETTER OF SUPPORT William Knode, representing the Roundhouse Museum Board of Trustees, and John Darnell, aide to Congressman Roscoe Bartlett, appeared before the Commissioners to provide an update on their efforts to save the Hagerstown Roundhouse from demolition by CSX. Mr. Knode informed the Commissioners that the National Railway Historical Society has agreed to be the recipient of the property from CSX. Mr. Darnell asked the Commissioners to join with Congressal, State, and City elected officials in signing a letter to the President of CSX Real Property supporting the preservation and restoration of the Hagerstown Roundhouse in partnership with the National Railway Historical Society. Mr. Darnell then read the letter to the Commissioners. Motion made by Commissioner Bowers, seconded by Shank, to sign the letter of to CSX Real Property supporting the endeavors of the Hagerstown Roundhouse Museum Board of Directors and National Railway Historical Society to preserve and restore the Hagerstown Roundhouse complex. Unanimously approved. USE OF FEDERAL GRANT MONEY - FARMLAND PRESERVATION Eric Seifarth, Farmland Preservation Administrator, met with the Commissioners to discuss the use of Federal grant monies for farmland preservation. Mr. Seifarth stated that if the County uses $77,777.77 of existing agricultural transfer tax money to match a $77,777.77 federal grant, it could leverage $388,888.85 of funding for easement purchases through the 60/40 program of the State Agricultural Land Preservation Foundation. He informed the Commissioners that the funds could also be used to match Rural Legacy funds, which would yield a total of $155,555.54. Mr. Seifarth recommended using the agricultural transfer tax money to fund easement purchases through the State agricultural land program. Motion made by Commissioner Shank, seconded by Wade, to accept the recommendation to use existing agricultural transfer tax funds in the amount of $77,777.77 to match Federal grant funds for use in the purchase of agricultural land preservation easements. Unanimously approved. PUBLIC HEARING - AGRICULTURAL LAND PRESERVATION DISTRICT The Commissioners convened a public hearing to consider four applications SEPTEMBER 22, 1998 PAGE TWO for the establishment of agricultural land preservation districts. Eric Seifarth, Farmland Preservation Administrator, reviewed the applications. He stated that they have been approved by the Agricultural Land Preservation Advisory Board and that the Planning Commission has 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 Downey, seconded by Bowers, to approve applications from Tom W. Alexander, Sara Jane Ridenour, Jon G. Pennington, and Ruth H. Martin for establishment of agricultural land preservation districts as presented. Unanimously approved. CITIZENS PARTICIPATION Gary Kauffman informed the Commissioners that the SPCA euthanized a dog because its owner could not pay a fine. Commissioner Snook stated that he will send a letter to the SPCA requesting that they consider some type of payment plan for low-income individuals.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners of the October 2 meeting of the Western Maryland County Commissioners. He stated that the Health Department will be giving flu shots to County employees on October 23. TENTATIVE OPERATING RESULTS - FISCAL YEAR 1998 Debra Bastian, Director of Finance, presented the Fiscal Year 1998 tentative operating results for the operating and Capital Improvements Program (CIP) budgets. Ms. Bastian provided a breakdown of how the CIP funds were used in FY 1998. She stated that the total projects in process are $43,578,735 with $15,006,785 projects closed out for the year. Ms. Bastian projected a savings of $358,720 for the year. She also emphasized that the County will not have to borrow funds for Water & Sewer Department projects for the third year in a row. Ms. Bastian stated that the Transportation Fund finished with excess revenue of $386,553 with $347,808 of equipment still to be purchased. The FY 1998 operating results for the Solid Waste Fund showed excess revenues in the amount of $635,757. She indicated that the Airport Fund ended FY 98 with $88,334 in financial statement income and the Public Transportation Fund with $47,674. The financial statement for the Golf Course Fund showed $134,862 in revenue which does not reflect fixed asset purchases of $97,000. Ms. Bastian stated that the Water & Sewer fund is on target with the long- range financial plan put into place by the Commissioners. She indicated that debt reserves are at $564,000 with operational savings of $213,753 and allocation/interest income of $800,000. The estimated excess revenue for the General Fund is 4% of the operating revenue or $4,577,159. Ms. Bastian stated that the amounts previously committed from the surplus are $935,159 to the Board of Education, $907,000 to the stabilization fund, and $135,000 to capital outlay. She stated that income tax and recordation tax revenues made up the majority of the surplus and reviewed the make-up of the surplus funds in more detail. Ms. Bastian made the following recommendation for utilization of the uncommitted portion of the excess revenue: $1,000,000 for the South Hagerstown High School renovation project, $1,000,000 for Y2K compliance costs, and $600,000 for other CIP projects. The Commissioners discussed the recommendations presented and congratulated the department heads for the positive results. Commissioner Bowers asked that the $1,000,000 for the Y2K compliance be placed in the CIP budget to allow the funds to be used for other capital projects if the entire amount is not needed for Y2K compliance. Motion made by Commissioner Bowers, seconded by Shank, to approve the recommendation made by the Director of Finance to utilize the FY 1998 excess funds as follows: $935,159 - Board of Education; $907,000 - Stabilization Fund; $135,000 - Capital Outlay; $1,000,000 - Board of Education - South Hagerstown;$1,600,000 - for various CIP projects and Y2K compliance cost as needed. Unanimously approved. (Commissioner Wade was excused from the meeting at 11:22 a.m.) CONTRACT RENEWAL - VIRGIN SOIL FOR RESH ROAD II LANDFILL Motion made by Commissioner Downey, seconded by Bowers, to renew the contract with Smithfield Enterprises, Inc. to supply, load, haul, and SEPTEMBER 22, 1998 PAGE THREE and deliver virgin soil to the Resh Road II landfill in the amount of $2.11 per ton contingent upon Smithfield Enterprises having a sufficient amount of material as well as the permits required for mining. Unanimously approved. WATER & SEWER PLAN UPDATE Robert Arch, Director of Planning & Community Development, met with the Commissioners to discuss the update of the Water & Sewer Plan. Mr. Arch stated that he contacted State officials at the Maryland Department of the Environment who agreed that the County should not proceed with the update until various water and sewer issues are resolved with the City of Hagerstown. The Commissioners thanked Mr. Arch for the update. RECESS - LUNCH The Commissioners recessed at 11:43 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:05 p.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.  BID AWARD - TAXIWAY C REHABILITATION Motion made by Commissioner Shank, seconded by Downey, to award the contract  for the rehabilitation of Taxiway C at the Washington County Regional Airport to P & W Excavating, Inc. which submitted the low total base bid of including alternates of $874,944.47, contingent upon FAA approval. Unanimously approved. ADEQUATE PUBLIC FACILITIES ORDINANCE(APFO) UPDATE Robert Arch, Planning Director, presented a periodic report indicating whether there is a continuing need for the Adequate Public Facilities Ordinance (APFO) as required by Article XI of the Ordinance. Mr. Arch indicated that the Planning Commission voted to recommend a finding that there is a need to retain the APFO. Mr. Arch reviewed the activity for the period January 1, 1998 to June 30, 1998. He noted that 184 lots were approved during this reporting period, with 130 lots qualifying for school exemptions. Of the lots qualifying for exemptions, 129 were located within the Urban Growth Area or Town Growth Areas. Mr. Arch also reviewed the school capacity ratings. The Commissioners discussed the impact of day care and pre-kindergarten on enrollment. Mr. Arch stated that he will be proposing an amendment to the APFO to allow the periodic report on the APFO to the Commissioners in October and March of each year which will allow the Planning Department to provide more up-to-date school enrollment figures from the Board of Education. Motion made by Commissioner Bowers, seconded by Shank, to adopt the Adequate Public Facilities Ordinance Report for the period January 1 - June 30, 1998, to include a determination of pre-kindergarten enrollment in future reports for planning purposes, and to approve the extension of the Adequate Public Facilities Ordinance for a one-year period. Unanimously approved. ADOPTION OF RESOLUTION - TRANSPORTATION ELEMENT - AMENDMENT TO COMPREHENSIVE PLAN Motion made by Commissioner Bowers, seconded by Downey, to adopt Resolution CP-98-01, an amendment to the Transportation Element of the Comprehensive Plan as requested by the Town of Boonsboro to identify a Major Collector between Md. 68 and Md. 67, crossing over Md. 34 and a Minor Collector from US 40A to Md. 66, as heard at the public hearing on March 31, 1998. Unanimously approved. APPROVAL OF MINUTES - SEPTEMBER 8, 1998 Motion made by Commissioner Bowers, seconded by Downey, to approve the minutes of September 8, 1998, as submitted. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Bowers, seconded by Downey, to convene in closed session at 1:29 p.m. to discuss personnel issues, to consult with counsel to obtain legal advice and to consider proposals 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. SEPTEMBER 22, 1998 PAGE FOUR RECONVENE IN OPEN SESSION Motion made by Commissioner Downey, seconded by Bowers, to reconvene in open session at 3:19 p.m. Unanimously approved. In closed session the Commissioners discussed three (3) personnel issues, one (1) item concerning a proposal for a business or industrial organization to locate, expand, or remain in the State, and consulted with counsel to obtain legal advice on three (3) matters regarding a possible acquisition of property for a public purpose and negotiating strategy for a proposal, since public discussion or disclosure would adversely impact the ability of the Commissioners to participate in the proposal process. ADJOURNMENT Motion made by Commissioner Shank, seconded by Downey, to adjourn at 3:19 p.m. Unanimously approved. County Administrator County Attorney , Clerk