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November 15, 2004
Hagerstown, MD 21740
JOINT PUBLIC HEARING – REZONING CASE RZ-04-008
A joint public hearing of the Board of County Commissioners of
Washington County and the Washington County Planning Commission
was convened in Court Room #l at 7:00 p.m. to hear testimony and
receive evidence in rezoning case RZ-04-008. Presiding at the
hearing were County Commissioners President Gregory I. Snook and
Planning Commission Chair Donald Ardinger. Also present at the
hearing were County Commissioners William J. Wivell, James F.
Kercheval, John C. Munson, and Doris J. Nipps and Planning
Commission members Terry Reiber, Benjamin Clopper, Bernie Moser,
Linda Parrish, and George Anikis. After presentations and
public testimony were heard, it was announced that the record
would remain open for ten (l0) days to allow additional evidence
to be submitted in writing. Commissioner Snook also announced
that, due to the complexity of the case, a continuance of the
hearing would be granted, with the date to be announced in the
near future. The public hearing was adjourned at 8:50 p.m.
__________________________,
County Administrator
,
County Attorney
,
Clerk
November 16, 2004
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 8:00 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.
JOINT MEETING WITH BOARD OF EDUCATION
The Commissioners met with the Board of Education at 8:00 a.m.
The following members of the Board of Education were present:
Bernadette Wagner, Edward Forrest, Princeton Young, Russell
Williams, Jacqueline Fischer, and Paul Bailey. Staff members
present were Dr. Elizabeth Morgan, Superintendent of Schools;
Dr. Patricia Abernethy, Deputy Superintendent of Schools; Rodney
Turnbough, Director of Facilities Management; William Blum,
Chief Operating Officer; Christian South, Director of Budget &
Finance; JoEtta Palkovitz-Brown, Executive Director of
Elementary Education; and Boyd Michael, Executive Director of
Secondary Education.
First Quarter General Fund Budget Adjustments
Motion made by Commissioner Nipps, seconded by Munson, to
approve the following first quarter budget adjustments as
requested by the Board of Education, to decrease the following
categories: Administration - $24,745; Mid-Level Administration
- $81,355; Instructional Salaries - $54,360; Student Personnel
Services - $6,605; Operation of Plant - $72,420; and Maintenance
of Plant - $27,910; and to increase the following categories:
Revenue - $682,880; Instructional Textbooks & Supplies - $5,885;
Other Instructional Costs - $13,405; Special Education -
$830,700; Student Transportation Services - $89,845; and Fixed
Charges - $10,440 for a total adjustment to the Fund Balance of
$0. Unanimously approved.
Capital Improvement Program (CIP) Budget Adjustment
Mr. South informed the Commissioners that the Board of Education
is requesting a transfer of $82,592 from three accounts
(Systemic Projects, ADA Project, and Athletic Projects) to be
used for relocatable classrooms due to enrollment issues and to
cover the overage on the Hancock intercom system QZAB project.
He stated that surplus funds are available due to a favorable
bid they received and the closing-out of several older projects.
NOVEMBER 16, 2004
PAGE TWO
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the transfer of $82,592 in the FY 2004 budget, as
requested by the Board of Education, to be used for relocatables
and the Hancock intercom system project as presented.
Unanimously approved.
FY 2006-2011 Capital Improvements Program
Mr. Blum and Mr. Turnbough presented the proposed FY 2006-2011
CIP budget to the Commissioners. Mr. Blum stated that the Board
of Education approved the proposed $88.5 million CIP budget at
its November 3 meeting. The request for FY 2006 would be
$24,146,500 in County funds. He reviewed the projects, which
include adding a fifth round to Salem Avenue Elementary School
and Maugansville Elementary School. He reminded the
Commissioners that, with new housing in the area, Salem Avenue
could be over capacity before the current construction is
completed. Mr. Blum stated that they hope to utilize the
existing contractor for the additional work at Salem Avenue. He
informed the Commissioners that this phase is estimated to cost
$1.1 million. The Commissioners discussed the prevailing wage
rate and suggested that the Board consider bidding the project
with and without the wage rate on County-funded projects to see
if there is an appreciable difference. Elizabeth Morgan,
Superintendent of Schools, stated that they would develop a
timeline to present to the County for a more comprehensive
approach.
Motion made by Commissioner Nipps, seconded by Kercheval, to
support the request of the Board of Education to proceed with
the addition of a fifth round to the Salem Avenue Elementary
School utilizing the current contractor if possible.
Unanimously approved.
Mr. Blum reviewed plans to include adding a fifth round to the
Maugansville Elementary School. The Commissioners asked the
Board to take the new housing developments being planned in this
area into consideration and realign the boundaries before the
new developments are established. Commissioner Snook asked the
Board to apprise the County Planning Director of any potential
sites they are considering for future schools.
Ms. Morgan indicated that they are considering the possibility
of utilizing Conococheague Elementary School or one of the older
schools as a “holding school” for use when renovations or
modernization is being done at other schools. She also
indicated the need for a magnet school in the western section of
the County.
It was the consensus of the Commissioners to hold the next
meeting with the Board at Antietam Academy to tour the facility.
Commissioner Snook thanked Princeton Young for the time he has
served with the Board as his term of office expires in December.
The Commissioners recessed at 9:25 a.m.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Commission Snook, followed by
the Pledge of Allegiance to the Flag by the full assemblage.
APPROVAL OF MINUTES – NOVEMBER 9, 2004
Motion made by Commissioner Kercheval, seconded by Nipps, to
approve the minutes of November 9, 2004, as amended.
Unanimously approved.
INTRODUCTION OF NEW EMPLOYEES
Dee Hawbaker, Human Resources Administrator, introduced new
County employees Lisa Enderline (State’s Attorney’s Office) and
George Palmer (Water Quality Department). The Commissioners
welcomed the new employees and wished them well in their new
positions.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Kercheval reported on the Economic Development
Commission meeting. He informed the Commissioners that he
attended Veterans’ Day ceremonies at the Court House and Martin
L. Snook Park. Commissioner Kercheval stated that he met with
an advocacy group for pain management and also attended the Fall
Maryland Republican State Convention.
NOVEMBER 16, 2004
PAGE THREE
Commissioner Wivell reported on the “Maryland, You Are Beautiful
Awards Ceremony.” He stated that he also attended the Veterans’
Day ceremony in Smithsburg.
Commissioner Nipps informed the Commissioners that she attended
the Veterans’ Day ceremony at the Court House. She reported on
the meetings of the Historic District Commission, Recreation and
Parks Board, and the Historic Advisory Committee. Commissioner
Nipps stated that she attended a tour of the Hub Labels
facility.
Commissioner Munson stated that he attended the Veterans’ Day
ceremony held at Martin L. Snook Park. He emphasized the need
to keep the funding for roads maintenance in the FY 2006 budget.
Commissioner Snook reported that he spoke to two troops of Boy
Scouts regarding citizenship. He stated that he visited the
Tollgate Ridge Road Bridge Project. Commissioner Snook stated
that he received a letter from a citizen regarding traffic on
Knepper Road and will bring up the matter at the Transportation
Advisory Committee meeting. He informed the Commissioners that
the County received notification from the State Highway
Administration that they would be making repairs to US Route 40
between Spickler Road and Route 63. Commissioner Snook reported
on the first meeting of the University System of Maryland
Advisory Board.
REPORTS FROM COUNTY STAFF
Motion made by Commissioner Munson, seconded by Nipps, to
approve filling the following vacancies: MEO I (Highways), MEO
III (Highways), and Permits Technician. Unanimously approved.
Gary Rohrer, Director of Public Works, informed the
Commissioners that McFarland Road is back in service following
repairs made due to storm damage. He also provided an update on
the Broadfording Road Bridge project.
REZONING MAP AMENDMENT RZ-04-008 – DATE FOR CONTINUANCE
The Commissioners discussed scheduling a date for the
continuance of the public hearing on rezoning map amendments RZ-
04-008, submitted by H.B. Mellott Estate, Inc. They agreed to
hold the continuance hearing on December 13 at the Kepler
Theater at Hagerstown Community College if it is available.
John Martirano, Deputy County Attorney, spoke to the
Commissioners regarding the current policy for public hearings.
RESOLUTION – MARYLAND WATER QUALITY
Debra Bastian, Director of Finance, and Timmy Ruppersberger,
Bond Counsel, appeared before the Commissioners to review
authorizing resolutions to authorize and empower the
Commissioners to execute, issue, sell and deliver a general
obligation installment bond in a principal amount not to exceed
$2,549,969. Ms. Ruppersberger answered questions from the
Commissioners. She explained that the net proceeds of the sale
would be used and applied for the public purpose of financing
the cost of acquiring, constructing and equipping certain solid
waste facilities, specifically, Cell Three of the Forty West
Landfill, the development of property, the acquisition and
installation of equipment and furnishings and any related
architectural, financial, legal, planning and engineering
expenses. The resolution also authorizes the execution and
delivery of a loan agreement between the County Commissioners
and the Maryland Water Quality Financing Administration,
providing for the prompt payment of the maturing principal and
interest on the bond.
Motion made by Commissioner Munson, seconded by Wivell, to adopt
the resolution approving the form and authorizing the execution,
issuance, sale and delivery of a general obligation installment
bond of the borrower in a principal amount not to exceed
$2,549,969 with the net proceeds of the sale thereof to be used
and applied for the public purpose of financing the cost of
acquiring, constructing and equipping, certain solid waste
facilities, specifically Cell Three of the Forty West Landfill,
the development of property, the acquisition and installation of
equipment and furnishings and any related architectural,
financial, legal, planning and engineering expenses, and
authorizing the execution
NOVEMBER 16, 2004
PAGE FOUR
and delivery of a loan agreement between the borrower and the
Maryland Water Quality Financing Administration. Unanimously
approved. (A copy of the adopted Ordinance is attached.)
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners
that Casual Day for October raised $376 for Breast Cancer
Awareness. He reminded them that there are several casual day
events scheduled in November and December.
CITIZENS’ PARTICIPATION
Joe Ruzicka, Director of the Washington County Museum of Fine
Arts, distributed information packets about the Museum and
invited the Commissioners to attend the exhibition opening this
Friday. He provided information on the programs and activities
sponsored by the Museum.
John Himes informed the Commissioners that there was another
accident at the intersection of U.S. Route 340 and Valley/Keep
Tryst Road. He stated that the guardrail that the State placed
in that area is unsafe and asked that it be realigned.
Commissioner Snook agreed to discuss the issue at the
Transportation Advisory Committee meeting.
FEDERAL FUNCTIONAL CLASSIFICATION SYSTEM
Michael Thompson, Director of Planning, met with the
Commissioners regarding the Federal Functional Classification
system for highways. Mr. Thompson explained that the Federal
Aid Highway Act of 1973 requires the update of the functional
classifications for roads in both urban and rural areas of the
County. He stated that roads are classified as principal
arterials, minor arterials, collectors, and local roadways. Mr.
Thompson reviewed the criteria used by the State Highway
Administration to complete this effort. He then reviewed the
changes being proposed in Washington County. The Commissioners
took the changes under consideration and agreed to set up
additional time to discuss them in more detail.
RECESS - LUNCHEON AT HIGHWAY DEPARTMENT
The Commissioners recessed at 11:12 a.m. in order to attend the
Highway Department holiday luncheon at the Smithsburg Fire Hall.
AFTERNOON SESSION
The afternoon session was called to order at 1:30 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.
WORKSHOP – 2005 STATE OF THE COUNTY PRESENTATION
Cassandra Latimer, Economic Development Commission (EDC)
Marketing Specialist, met with the Commissioners to discuss
topics for the 2005 State of the County presentation. Ms.
Latimer stated that the Commissioners typically have used the
forum, sponsored by the Hagerstown-Washington County Chamber of
Commerce, as an opportunity to communicate their goals for the
coming year as well as report on the progress being made on
other County objectives. The Commissioners discussed the type
of format used and whether to try a different type of
presentation, such as a question and answer session or film.
The Commissioners then proposed topics for the presentation
including: growth issues, promotion of the County web page,
savings realized from recent bond refinancings, airport runway
extension project, CIP budget for education, the Adequate Public
Facilities Ordinance and excise tax, and City/County cooperation
projects. The Commissioners agreed that they would like a
handout prepared to include basic information, an abbreviated
PowerPoint presentation, and would also extend the question and
answer period. Ms. Latimer indicated that she would make an
outline for their review and include the comments from today as
a starting point.
ANNUAL PUBLIC TRANSPORTATION GRANT FUNDING APPLICATION – FY 2006
Motion made by Commissioner Munson, seconded by Nipps, to
approve the resolution authorizing the Maryland Transit
Administration to file an application for a Section 5307, 5311
and/or 5307 grant under the Federal
NOVEMBER 16, 2004
PAGE FIVE
Transit Act for operational and capital funding for the Public
Transportation Department for fiscal year 2006. The local match
required is $417,000 for the Urban Transportation Program,
$20,900 for ADA Paratransit, and ten percent of approved capital
procurements. Unanimously approved.
RZ-04-007 TEXT AMENDMENT – OUTDOOR ADVERTISING SIGNS
Mike Thompson, Director of Planning, and Jill Baker, Planner,
met with the Commissioners regarding the text amendment for
outdoor advertising signs. Ms. Baker stated that the changes
made at last week’s meeting have been incorporated into the
text. Richard Douglas, County Attorney, distributed copies of
an ordinance containing the amendment for their consideration.
The Commissioners reviewed the Ordinance and made some minor
amendments. The Commissioners agreed to direct staff to review
the ordinance with them in six months.
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve Text Amendment RZ-04-007 with regard to Outdoor
Advertising Signs to amend Articles 11, 12, 13, 14, 17, 18, 19A,
21, 22, and 28 of the Zoning Ordinance, as amended. Motion
carried with Commissioners Nipps, Kercheval, Wivell, and Snook
voting “AYE” and Commissioner Munson voting “NO.” (A copy of the
adopted Ordinance is attached.)
Motion made by Commissioner Kercheval, seconded by Nipps, to
rescind the Outdoor Advertising Moratorium Ordinance when the
Ordinance to Amend Certain Provisions to the Zoning Ordinance
for Rezoning Text Amendment RZ-04-007 is in place. Unanimously
approved.
BID AWARD – SWIMMING POOL-WATER/WASTE WATER TREATMENT CHEMICALS
Motion made by Commissioner Kercheval, seconded by Nipps, to
award the contract for swimming pool and water/wastewater
treatment chemicals to the lowest responsive, responsible
bidders as follows for a one-year period: Item #10 (Sodium
Hypochlorite) – Univar USA, Inc. - $0.75/gal.; Item #12
(Hydrated Lime) – Greer Lime Company - $105.00/ton; Item #14
(Sodium Hypochlorite, 80) – Univar USA, Inc. - $1.45/gallon;
Item #15 (Granular Activated Carbon) – Carbon Activated Corp. -
$0.64/lb.; Item #16 (Soda Ash, Light) – Univar USA, Inc. -
$0.18/lb.; Item #18 (Granular Aluminum) – Univar USA, Inc. -
$0.19/lb.; Item #19 (Powdered Activated Carbon) – Carbon
Activated Corp. - $0.45/lb.; Item #20 (Chlorine Gas) – Univar
USA, Inc. - $96.00/cylinder; Item #21A (Caustic Soda) – Univar
USA, Inc. - $81.40/drum; Item #21B (Caustic Soda) – Univar USA<
Inc. - $1.50/gallon; Item #22A (Ferrous Chloride Solution) –
Coyne Chemical Co. - $88.00/drum; Item #22B (Ferrous Chloride
Solution) – Eaglebrook, Inc. - $0.43/gallon; Item #23
(Hydrofluosilicic Acid) - Univar USA, Inc. - $5.50/gallon; Item
#24 (Granular Calcium Hypochlorite) – Univar USA, Inc. -
$98/lb.; Item 25 (Sulfur Dioxide Gas) - Univar USA, Inc. -
$124/cylinder; Item #26 (DelPac 2020) – Univar USA, Inc. -
$0.15/pound; Item #29 (Sodium Hypochlorite) – Univar USA, Inc. -
$95.15/drum; Item #32 (Muriatic Acid) – Univar USA, Inc. -
$6.50/gallon; Item #34 (Enzymes) – Watec Co. - $695.00/drum; and
Item #37 (DelPAC 2020) – Univar USA, Inc. - $165.00.
Unanimously approved.
PRESENTATION – PENMAR DEVELOPMENT CORPORATION (PMDC) AND
CORPORATE OFFICE PROPERTIES TRUST (COPT)
George Griffith, PMDC Chair, provided an update on the contract
for the sale of the former Fort Ritchie Army Base. Mr. Griffith
stated that the Board accepted the plan presented by COPT at its
November 12 meeting. He then addressed some of the concerns
expressed by the media. Mr. Griffith stated that COPT is
proposing the creation of 1500 permanent jobs in Phase I, which
would provide additional tax and other revenues for the State
and Washington County. He noted that the lingering court
injunction and remediation from the Army preclude the outright
sale of the property at this time. Mr. Griffith stated that they
will remain in discussions with COPT for leasing the property
until the sale is consummated. He listed the approved uses for
reinvestment of the proceeds as outlined in the Federal Base
Reduction and Closure Act. The meeting was opened for questions
to the PMDC Board.
NOVEMBER 16, 2004
PAGE SIX
Mr. Griffith then introduced Peter Garver, Director of
Development Services for COPT, and Dwight Taylor, President of
Corporate Development Services and Corporate Office Services for
COPT, to the Commissioners. Mr. Taylor provided background
information on COPT. He noted that they are involved in the
communities where they operate. He also reviewed PMDC’s
objectives, which include job creation and economic development,
no financial burden for improvements, property tax revenues, and
community involvement andenhancement.
Mr. Garver then reviewed the plans of the proposed development
and maps showing uses for housing, business, historic area,
general development, forest preserve, and a community center.
He stated that they are proposing that the gymnasium, currently
being leased by the Chewsville Smithsburg Athletic League, be
renovated as a community center and run by the community. Mr.
Garver explained that virtually all of the structures in the
historic district would be retained. He reviewed the summary of
estimated costs for utilities and for each of the three phases
of the 20-year project. The total costs are estimated at
$114,950,857 with 4,541 jobs projected by the end of all three
phases. The meeting was then opened for questions from the
Commissioners. Commissioner Snook thanked Mr. Garver and Mr.
Taylor for the presentation.
CONVENE SITTING AS THE BOARD OF HEALTH – CONTRACT AWARD OF BID
FOR AMBULANCE/WHEELCHAIR/TAXI SERVICES ISSUED ON BEHALF OF THE
WASHINGTON COUNTY HEALTH DEPARTMENT
Motion made by Commissioner Munson, seconded by Kercheval, to
convene as the Board of Health at 4:14 p.m. Unanimously
approved.
Karen Luther, Purchasing Agent for the County, and Health
Department representatives Brenda Cole, Procurement and
Facilities Manager, and Connie Talbert, Transportation
Supervisor, appeared before the Commissioners to present their
recommendation for award of the bid for
Ambulance/Wheelchair/Taxi Services for the Washington County
Health Department.
Motion made by Commissioner Munson, seconded by Nipps, to
terminate for cause the Memorandum of Understanding between the
Washington County Health Department and Mid-Maryland Medical
Transport dated June 15, 2004, and to award a contract to Mid-
Maryland Medical Transport, LLC, which submitted the low
responsive, responsible bid of $367,537.64 based on unit costs
and estimated quantities for each trip type for a 19-month
period. The contract shall commence on December 1, 2004 and end
June 30, 2006 with an option by the WCHD to renew for up to two
(2) additional consecutive one (1) year periods. Unanimously
approved.
The Commissioners adjourned sitting as the Board of Health at
4:25 p.m.
UPDATE ON STATE ELECTRIC SERVICE BID
Karen Luther, Purchasing Agent, and Jim Sterling, Director of
Buildings, Grounds & Parks, gave an update on the reverse bid by
the State of Maryland for electricity. Ms. Luther stated that
they did not accept any bids nor did the State or City of
Hagerstown. She indicated that they might want to remain with
the incumbent provider until March. Ms. Luther informed the
Commissioners that they are considering a partnership with the
City of Hagerstown for the purpose of a bid. Mr. Sterling noted
that the County could see a 35% increase in rates, even if they
go with the incumbent Allegheny Power.
ADJOURNMENT
Motion made by Commissioner Wivell, seconded by Nipps, to
adjourn at 4:34 p.m.
,
County Administrator
,
County Attorney
____________________, County Clerk