HomeMy WebLinkAbout030708
July 8, 2003
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 William J. Wivell and Commissioners James F.
Kercheval, John C. Munson, and Doris J. Nipps.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by County Administrator Rodney
Shoop, followed by the Pledge of Allegiance to the Flag by the
full assemblage.
APPROVAL OF MINUTES - JUNE 24, 2003
Motion made by Commissioner Kercheval, seconded by Munson, to
approve the minutes of June 24, 2003 as amended. Unanimously
approved.
INTRODUCTION OF NEW EMPLOYEES
Dee Hawbaker, Acting Human Resources Director, introduced new
County employees Corinne Stone (State’s Attorney’s Office),
Sharon Hollar (State’s Attorney’s Office), Thomas Kline
(Community Partnership for Children & Families), Keith Small
(Department of Water Quality), Mike Wilhelm (Alternative
Sanctions), and new Sheriff’s Deputies Brian Shiflett, Sr.,
Norman Forsythe, and Ryan Mauck. The Commissioners welcomed the
new employees and wished them well in their new positions.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Munson reported on the Solid Waste Advisory
Committee meeting.
Commissioner Nipps reported on the meetings of the Airport
Advisory Commission, Local Management Board, Youth on Board, and
Historic District Commission. She stated that she does not
support the appointment of the Superintendent of Schools to the
Board of Directors of the PenMar Development Corporation (PMDC)
and explained that she believes the Superintendent’s main focus
should be on the school system.
Commissioner Kercheval reported on the Planning Commission
meeting. He stated that he attended the Miss Maryland luncheon,
Boys & Girls Club graduation, and the National Youth Bowling
Championship grand opening. Commissioner Kercheval indicated
that he also met with a tenant at the Airport.
Commissioner Wivell explained the reasons for the appointment of
Dr. Morgan, Superintendent of Schools, to the PMDC Board. He
reported on his meeting with Charles County Commissioner, Murray
Levy, to benchmark the several areas including education and
growth and development. Commissioner Wivell stated that he met
with a citizen regarding a stormwater management complaint. He
also expressed his disappointment with a recent City Council
decision not to meet with him on water and sewer issues after he
had waited for an hour at their meeting last week.
Commissioner Snook informed the Commissioners that he received
notification from the Maryland Department of the Environment
(MDE) that Martin Marietta Materials is replacing its limestone
crushing and screening plant. It was the consensus not to
request that MDE hold a public informational meeting on this
matter. Commissioner Snook stated that he received a letter
from the Environmental Protection Agency regarding the Early
Action Compact. He also read a letter from a County citizen
thanking a Parks Department employee who returned her lost
wallet. Commissioner Snook stated that Allegheny Power is
upgrading the Town of Boonsboro’s transmission line. He
reported on the Maryland Association of Counties (MACo) Board of
Directors meeting. He also provided a letter from the
Chancellor of the University System of Maryland on the status of
the Hagerstown project. Commissioner Snook reported on his
luncheon meeting with Dr. Altieri, President of Hagerstown
Community College (HCC), and provided an update on various
projects and programs at HCC.
REPORTS FROM COUNTY STAFF
Robert Arch, Director of Planning & Community Development,
reported on the status of the EPA Early Action Compact. Mr.
Arch also provided
JULY 8, 2003
PAGE TWO
information on the meeting regarding the widening of Interstate
81. He stated that a developer of a proposed truck stop would
have to resolve several issues with the Pennsylvania Department
of Transportation before proceeding with the project. Mr. Arch
provided the dates for the workshop meetings to be held on the
revisions to the Zoning Ordinance.
Gary Rohrer, Director of Public Works, informed the
Commissioners of the amount of leachate that was treated due to
the heavy rains. Mr. Rohrer stated that he met with the Clopper
family regarding the relocation of the cemetery at the Forty
West landfill. He noted that the Engineering Department would
be advertising the rehabilitation of the Clopper Road Bridge.
Mr. Rohrer stated that the North County Park regional stormwater
management pond is also being advertised. He informed the
Commissioners that he sent a letter to the State Highway
Administration informing them that the County is unable to
assist them with the statewide bicycle network they are
proposing and the routes in Washington County. Mr. Rohrer
advised the Boarad that he received notification from the State
that they are moving forward to construct a new tower at Lambs
Knoll.
ADEQUATE PUBLIC FACILITIES ORDINANCE – SCHOOL STATUS REPORT
Robert Arch, Director of Planning & Community Development, met
with the Commissioners to review the status of schools as they
relate to the current application of the Adequate Public
Facilities Ordinance (APFO). Mr. Arch stated that there has
been some discussion of changing the method in which the APFO is
applied to schools, and he reviewed the current regulations and
how they are currently applied.
Mr. Arch then reviewed the School Capacity Evaluation and how it
is calculated. He stated that all schools would currently pass
the adequacy test for the APFO. Mr. Arch also noted that the
APFO capacity calculations are based on 25 students per room in
accordance with the School Master Plan and not on the desired
class size of 21 students per room. Also discussed was the
effect of the State mandate for full-day kindergarten.
Mr. Arch asked the Commissioners for direction in amending this
section of the APFO. After discussion, it was the consensus of
the Commissioners not to consider portable classrooms or pre-
kindergarten in the calculations. They also agreed to change
the policy and consider kindergarten students as full-time
equivalents in the calculations. The Commissioners asked Mr.
Arch to forward the changes in the APFO to the Board of
Education.
AUTHORIZATION TO FILL EXISTING POSITION – TRANSPORTATION
DEPARTMENT
Kevin Cerrone, Director of Public Transportation, stated that
his Department currently has a vacancy for an Office Associate
IV (Grade 7) that he would like to fill. He explained the
responsibilities of the position and the impact that the vacancy
has on his department.
Motion made by Commissioner Kercheval, seconded by Nipps, to
authorize filling the Office Associate IV vacancy (Grade 7) at
the Transportation Department. Motion carried with Commissioners
Kercheval, Nipps, Munson, and Snook voting “AYE” and
Commissioner Wivell voting “NO.”
AUTHORIZATION TO FILL EXISTING POSITION – PURCHASING DEPARTMENT
Karen Luther, Purchasing Agent, requested authorization to fill
the vacancy for Procurement Specialist (Grade 9). Ms. Luther
stated that the vacancy exists due to the transfer of the
employee to the Human Resources Department. She also reviewed
the job description and the responsibilities of the position.
Motion made by Commissioner Nipps, seconded by Kercheval, to
authorize filling the Procurement Specialist IV vacancy (Grade
9) in the Purchasing Department. Motion carried with
Commissioners Kercheval, Nipps, Munson, and Snook voting “AYE”
and Commissioner Wivell voting “NO.”
INTERGOVERNMENTAL COOPERATIVE PURCHASES FOR BLACK ROCK GOLF
COURSE
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the Resolution authorizing Black Rock Golf Course to
piggy-back on a bid
JULY 8, 2003
PAGE THREE
processed by Fairfax County, Virginia, Bid #IFB02-536145-23
awarded to G.L. Cornell Company for the following purchases: A)
Two (2) Jacobsen Model 62288 Greens King IV Plus Triplex Greens
Mowers at $21,391.50 each, less trade-in of two (2) Jack Greens
King mowers of $4,200, for a total net purchase price of
$38,583; and B) One (1) Cushman Model 4119652 Core Harvester
attachment for a Cushman Turf Truck in the amount of $2,979.17,
for a total amount of $41,562.17. Motion carried with
Commissioners Nipps, Kercheval, Wivell, and Snook voting “AYE”
and Commissioner Munson voting “NO.”
REVISED BID AWARD – GROUNDS MAINTENANCE CHEMICALS
Motion made by Commissioner Wivell, seconded by Nipps, to
relieve Ikex, Inc., without prejudice, from award of Grounds
Maintenance Chemicals Bid Item #28, per their request, due to an
error in pricing, and to award Bid Item #28 to Helena Chemical
Company, which submitted the next low responsible, responsive
bid meeting specifications of $504.50 per gallon. Unanimously
approved.
CAPITAL IMPROVEMENTS PROGRAM (CIP) – BUDGET REVISION
Gary Rohrer, Director of Public Works (DPW), requested that the
Commissioners consider revising the CIP budget to provide
additional funding for road reclamation. Mr. Rohrer stated that
there are several reclamation candidates located in and around
the Urban Growth Area that are in a serious state of disrepair.
These projects were originally scheduled for the 2002
construction season but were postponed due to insufficient
funding. He then reviewed the roads that are in need for
reclamation and provided photographs of some of the roads in
need of repair. Mr. Rohrer stated that the reduction in State
Highway User Funds and the harsh winter have contributed to the
deterioration of the roads. The meeting was then opened for
discussion and questions.
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the recommendation to transfer $500,000 from the
Pavement Maintenance line items, as presented, to Road
Reclamation in the FY 2004 Capital Improvements Program budget.
Unanimously approved.
LENOX, INCORPORATED – RESOLUTION FOR ENDORSEMENT OF MEDAAF LOAN
AND LOCAL MATCH
Motion made by Commissioner Wivell, seconded by Kercheval, to
adopt the Resolution of Endorsement authorizing the Maryland
Department of Business and Economic Development under the
Maryland Economic Development Assistance Authority Fund (MEDAAF)
to lend $150,000 to Lenox, Incorporated, to be used for the
activities outlined in the Resolution, and to approve a $100,000
contribution from the County in the form of a conditional grant
on the same terms as the MEDAAF loan. Unanimously approved.
(The approved Resolution is attached.)
CITIZENS PARTICIPATION
Jim Laird commented on the APFO for school capacity and
suggested changes that he would like to see made to it.
Mike Nye commented on Mr. Arch’s presentation on the APFO and
asked that the Commissioners consider the number of lots
previously approved and their impact on development.
Commissioner Snook informed him that Mr. Arch would be making a
presentation to them next month to discuss various issues in the
APFO.
Councilwoman Penny Nigh thanked Commissioner Wivell for
attending their meeting last week and personally apologized to
him for his treatment at that meeting. She stated that the two
bodies need better communication to allow them to work together
on issues. She also expressed her concerns that the Police
Athletic League grant was withdrawn by the Local Management
Board and on the State’s reductions in HotSpots funding.
PUBLIC HEARING – PROPOSED PURCHASE OF LAND
The Commissioners convened a public hearing at 11:13 a.m. for
the purpose of considering the purchase of three parcels of land
situate adjacent to Tammany Manor North, in order to satisfy the
requirements of the conversion process of Program Open Space,
from R. Lee Downey. John
JULY 8, 2003
PAGE FOUR
Martirano, Assistant County Attorney, stated that the property
consists of 2.5 acres and would be limited to uses permitted by
the rules and regulations for Program Open Space. The total
consideration for the property is $92,000, of which $27,000
would be paid from the General Fund and the remaining $65,000
from the proceeds of the sale of the “Ditto Knolls” property.
The Ditto Knolls property is the land being exchanged during the
conversion process. The Board expressed their concerns that the
State is requiring the County to pay an amount higher than the
sale price of Ditto Knolls. The meeting was then opened for
public comment. There was no one present who wished to comment.
No action was taken at this time, and the item was tabled by the
Board.
GRANT FUNDED – EMERGENCY PLANNER I POSITION
Joe Kroboth, Director of Emergency Services, informed the Board
that the State of Maryland is offering grant funding to all
political jurisdictions in the State to enhance emergency
planning at the local and regional level. The grant funding is
initially being provided for two years at $60,000 and would
allow the Department to hire an Emergency Planner I. Mr.
Kroboth stated that the general functions of the position would
be to research, write, coordinate, and update emergency response
plans. He noted that this would significantly aid the
Department in meeting planning deadlines established by the
state and federal governments. Mr. Kroboth also reviewed the
proposed budget for the position.
Motion made by Commissioner Nipps, seconded by Kercheval, to
authorize the Department of Emergency Services to execute a two-
year Memorandum of Understanding with the Maryland Emergency
Management Agency to accept $120,000 in grant funding over a
two-year period and approve the hiring of an Emergency Planner I
with this funding. Unanimously approved.
EMERGENCY MEDICAL SERVICES SUPPLIES BILLING
Alan Matheny, Chairman of the Washington County Volunteer Fire &
Rescue Association’s Emergency Medical Services Committee (EMS),
appeared before the Commissioners to inform them that he is
requesting that the County absorb the cost of pre-hospital
emergency medical service supplies used during emergency
incidents. He explained that recent changes in federal law
standardized the way hospitals and ambulance companies replenish
supplies. However, this has had an adverse effect on the
volunteer companies and the Washington County Hospital and does
not allow the hospital to invoice patients for these supplies.
Mr. Matheny reviewed the way the billing is currently done by
the hospital. He stated that the WCVFRA and the EMS Committee
are recommending a program under which the Hospital would
continue to distribute the supplies to the EMS companies and
invoice the County government for the supplies used. The meeting
was then opened for questions and discussion by the
Commissioners. The Commissioners took this matter under
consideration and stated that they hope to make a decision in
the next 30-40 days.
RECESS – LUNCH & TOUR OF SUMMER RECREATION CAMP
The Commissioners recessed at 11:52 a.m. for lunch and to tour
the Summer Day Camp program at Marty Snook Park, which is
operated by the Recreation Department.
AFTERNOON SESSION
The afternoon session was called to order at 1:19 p.m. by
President Gregory I. Snook, with the following members present:
Vice President William J. Wivell and Commissioners James F.
Kercheval, John C. Munson, and Doris J. Nipps.
MARYLAND ASSOCIATION OF COUNTIES LEGISLATIVE INITIATIVES
Rodney Shoop, County Administrator, informed the Board that the
Board of Directors of the Maryland Association of Counties
(MACo) would be developing initiatives for the 2004 legislative
session at their meeting on July 9. He stated that the purpose
of today’s discussions is to decide on the initiatives of
interest to Washington County. The Commissioners discussed
County budget security to include transfer and recordation tax
equity, full day kindergarten, and “Bridge to Excellence”
JULY 8, 2003
PAGE FIVE
funding. Other items discussed were reductions to the highway
user revenue, school capital funding, prevailing wage rate, the
State’s responsibility for funding education, emergency medical
service billing, and changes in repayment funding for prisoners
at the Detention Center.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners
that Casual Day for June raised $368 for United Cerebral Palsy.
He reminded the Commissioners of the request made by the
Election Board to reinstate $1700 to their budget for additional
part-time wages. After discussion, it was the consensus of the
Board not to approve the request. Mr. Shoop also reminded the
Commissioners that the County picnic is scheduled for July 26.
APPOINTMENTS – COMMISSION FOR WOMEN
Motion made by Commissioner Nipps, seconded by Munson, to
appoint Barbara Downey and Rose Wolters to the Commission for
three-year terms. Unanimously approved.
DEPARTMENT OF WATER QUALITY ADVISORY COMMISSION STATUS REPORT
Clarence Scheer, Chair of the Water Quality Advisory Commission,
appeared before the Commissioners to provide an update on long-
term financial and inter-departmental goals. Also present were
Advisory Commission members Ed Renn, Scott Schubel, and Bonnie
Parks.
Mr. Scheer provided information on the potential outcomes of the
reduction or elimination of the General Fund contribution to the
water and sewer fund and the projected revenue increases that
would be needed. He also noted the impact of unfunded mandates
on the Department and the need for continued bond fund
borrowing, in accordance with the County’s Debt Affordability
Policy, to maintain the facilities. Mr. Scheer emphasized that
cost containment efforts must continue as well. He urged the
Commissioners to continue the plan to reduce the General Fund
contribution through 2009. At this time, the meeting was opened
for questions and discussion.
Mr. Scheer stated that the Commissioners should discuss the
potential impact of the strategies of the Economic Development
Commission and Airport Commission on the long-term financial
health of the Department. He suggested the potential of Airport
utilizing the pre-treatment facility, but cautioned them that
this would require well-defined plan to make it succeed. Mr.
Scheer also reviewed a list of potential water and sewer
projects. Commissioner Snook thanked the Commission members for
the time and effort they put into the program.
CITIZEN PARTICIPATION - CONTINUED
T.S. Alphin appeared before the Commissioners to protest the
amount of his T-hangar rent at the Airport. Commissioner Snook
explained that the rent is in line with the other rental fees in
the area and that the Commissioners would not review the rentals
on an individual basis.
HOTSPOTS – REQUEST FOR “BRIDGE” FUNDING
Carolyn Brooks, HotSpots Coordinator, along with Kathy Kelsey,
Rev. Donald Stevenson, Bo Myers, and Princeton Young, members of
the HotSpots Board of Directors, informed the Commissioners of
the impact of losing the after-school projects due to State
budget cuts. Ms. Brooks explained that the program received
partial funding for other initiatives such as community
policing, Character Counts, and community mobilization, but that
the youth prevention and after-chool initiatives were not
funded. She stated that this would eliminate the after-school
programs at Bester, Eastern, Winter Street, and Fountaindale
Elementary Schools. The cost to maintain these programs would
be $90,000.
Ms. Brooks requested “bridge” funding to continue the programs
though this fiscal year to allow them time to investigate other
funding and partnering possibilities in the future. She stated
that the City of Hagerstown has set aside funding for community
policing and nuisance abatement and that she has asked them to
consider transferring this
JULY 8, 2003
PAGE SIX
funding to the youth programs. Dr. Betty Morgan, Superintendent
of Schools, expressed concern for the loss of services to
students and stated that the Board of Education may be able to
partner with HotSpots. The meeting was then opened for questions
and discussion. Commissioner Snook advocated providing funding
of $45,000 toward the youth initiatives and challenging the City
to consider funding the same amount, contingent upon Ms. Brooks
providing a quarterly update on the status of the programs.
Motion made by Commissioner Nipps, seconded by Kercheval, to
provide one-time bridge funding in the amount of $45,000 to the
HotSpots Program to be used for after-school and youth. They
also directed that Ms. Brooks provide a quarterly status report
on the programs. Motion carried with Commissioners Nipps,
Kercheval and Snook voting “AYE” and Commissioners Munson and
Wivell voting “NO.”
CONVENE IN CLOSED SESSION
Motion made by Commissioner Kercheval, seconded by Munson, to
convene in closed session at 2:45 p.m. to discuss a personnel
matter that affects one (1) or more specific individuals,
consult with staff to discuss pending and potential litigation,
consult with counsel to obtain legal advice, and consider the
acquisition of real property for a public purpose and matters
directly related thereto, 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 Nipps, seconded by Wivell, to
reconvene in open session at 4:45 p.m. Unanimously approved.
In closed session, the Commissioners discussed two (2) personnel
matters that affect one (1) or more specific individuals,
consulted with counsel to obtain legal advice on two (2)
matters, consulted with staff to discuss pending and potential
litigation, and considered the acquisition of real property for
a public purpose and matters directly related thereto. Present
during closed session were Commissioners Gregory I. Snook,
William J. Wivell, James F. Kercheval, John C. Munson, and Doris
J. Nipps. Also present at various times were Rodney Shoop,
County Administrator; Richard Douglas, County Attorney; John
Martirano, Assistant County Attorney; Joni Bittner, County
Clerk; Tim Troxell, Executive Director of the Economic
Development Commission (EDC); Cassandra Latimer, EDC Marketing
Specialist; Robert Arch, Director of Planning & Community
Development; Terry McGee, Chief Engineer; and Gary Rohrer,
Director of Public Works.
ADJOURNMENT
Motion made by Commissioner Kercheval, seconded by Wivell, to
adjourn at 4:45 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,
County Clerk