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August 7, 2007
Hagerstown, Maryland
Commissioners Barr, Aleshire and Kercheval met with U.S.
Senator Benjamin Cardin at the Hagerstown Regional Airport
to discuss matters of importance to the Airport and the
County. Senator Cardin announced that the Hagerstown
Regional Airport would receive a $2.9 million grant from
the Department of Transportation to realign and move one of
the Airport’s major taxiways.
The Commissioners met at 12:00 p.m. to attend the Greater
Hagerstown Committee’s New Educators Reception and Luncheon
at South Hagerstown High School.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 2:08
p.m. by President John F. Barr with the following members
present: Commissioners James Kercheval and Kristin B.
Aleshire.
DISTRIBUTION OF 2007 GAMING FUNDS
Jim Hovis, Gaming Director, introduced the Gaming
Commission members in attendance. Penny Pittman, Chair,
informed the Commissioners that the gaming distribution for
FY 2007 is $2,935,931.90. Mr. Hovis stated that this
distribution represents an increase of 1.75% over fiscal
year 2006 revenues. Ms. Pittman said that the funds would
be divided between 74 local charitable organizations and
the Washington County Volunteer Fire & Rescue Association,
which will receive 50% of the revenues totaling
$1,467,965.95. She provided a list of the charitable
organizations that would be receiving gaming funds and the
amount each would receive. Commissioner Barr opened the
floor for comments from representatives of the recipient
organizations who were in attendance. The Commissioners
thanked the Gaming Commission for their dedication and hard
work in reviewing the requests and distributing the
funding.
(Commissioner Wivell arrived at 2:16 p.m.)
SENIOR COMMUNITY CENTERS IN WASHINGTON COUNTY
Susan MacDonald, Executive Director of the Washington
County Commission on Aging; Ed Branthaver, Advisory Council
Chair; and Linn Hendershot, Board of Directors; met with
the Commissioners to request that $800,000 be included in
the County’s FY 2009 Capital Improvement Program (CIP)
budget to provide the required cash match for the State of
Maryland Senior Center Capital Improvement funds and to
leverage other funding sources for a downtown
Senior/Community Center.
Mr. Branthaver reviewed the history of the nutrition sites
in the County, which provide a hot noon meal and the
opportunity for socialization and education for seniors.
He reminded the Commissioners that Washington County is the
only county in the State without a multipurpose senior
center. He stated that the centers serve as focal points
for education, socialization, and offer multiple
opportunities for older citizens to provide community
service. Mr. Branthaver informed the Commissioners that
there are approximately 27,000 persons over the age of 60
in the County and that this number is expected to increase
by more than 70% over the next 12 years.
Mr. Hendershot presented a PowerPoint presentation of other
senior centers in the State. He also provided information
regarding the operation of the national aging network in
Maryland. The meeting was opened for questions and
discussion. Commissioner Aleshire asked the Commission on
Aging to perform a survey of area seniors to determine what
type of activities and services they are interested in
having at a Senior Center. The Commissioners also had
questions regarding the costs involved with the project and
the sites under consideration.
REQUEST FOR APPROVAL OF A SCHOOL MITIGATION PROPOSAL UNDER
SECTION 9.1 OF THE ADQUATE PUBLIC FACILITIES ORDINANCE –
SUNSET MEADOWS DEVELOPMENT
Brian Kurtyka, counsel for Washco Developments, appeared
before the Commissioners to request their approval of a
mitigation proposal under Section 9.1 of the County’s
Adequate Public Facilities Ordinance (APFO). Mr. Kurtyka
stated that Sunset Meadows is a 53-unit single-family
residential subdivision located at the intersection of
Hicksville Road
AUGUST 7, 2007
PAGE TWO
and St. Paul Road in the Clear Spring area. He provided
the history of the previous mitigation proposal for 11 lots
that was presented to the County Commissioners in fall
2006. The developer then prepared his mitigation proposal
from the input given by the Commissioners at that meeting.
Mr. Thompson stated that the request was forwarded to the
Board of Education for comment. Their response indicates
that they cannot recommend further residential growth at
this time as Clear Spring Elementary is over capacity now
and the high school is projected to be over capacity by
2010.
Mr. Thompson recommended that if the Board approves the
mitigation proposal, that the $5,000 mitigation fee be paid
at the time the lots are recorded, and that the normal
excise tax be collected at the time of the application for
building permit to ensure the full mitigation amount goes
to education.
Mr. Kurtyka submitted a proposed mitigation plan for the
remaining 48 lots within the development. The proposal
called for the payment of $5,000 per dwelling above the
existing excise tax for a total of $18,000 per dwelling.
He stated that the developer would agree to phase the
build-out of the remaining 48 lots over a six to eight year
period (6-8 units per year). Sassan Shaool, representing
Washco Development, informed the Commissioners that a
stream mitigation is required by the Maryland Department of
the Environment before the remaining 37 lots can be
developed. Andrew Wilkinson, Assistant County Attorney,
summarized the terms of the most recent mitigation
agreements approved by the Commissioners. Robert Spong,
Facilities Planner for the Board of Education, was in
attendance and answered questions from the Commissioners
regarding the enrollment capacity of the Clear Spring area
schools.
The meeting was opened for questions and discussion. There
was no consensus to support the request, and the
Commissioners took no formal action on the developer’s
proposal. Mr. Shaool asked for recommendations and options
from the Commissioners regarding what they would require to
be included in the mitigation agreement for the project to
proceed.
INTERGOVERNMENTAL COOPERATIVE PURCHASE – ONE TYPE 1 SMALL
TRANSIT BUS – TRANSPORTATION DEPARTMENT
Motion made by Commissioner Wivell, seconded by Aleshire,
to approve the Resolution (Resolution No. RS-07-014)
authorizing the purchase of one (1) Type I Small Transit
Bus for use by the County Transportation Department in the
amount of $57,438 from Shepard Bros., Inc. by utilizing the
State of New York Executive Department – Office of General
Services – Procurement Services Group Contract Award No.
19278 in accordance with the terms and conditions of that
contract pursuant to Section 1-106.3 of the Code of Public
Local Laws of Washington County, Maryland. Unanimously
approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Aleshire, seconded by Wivell,
to convene in closed session at 3:48 p.m. to consult with
counsel to obtain legal advice; discuss public security as
the public body has determined that public discussion would
constitute a risk to the public or to public security;
discuss the appointment, employment, and/or assignment of
appointees, employees, or officials over whom it has
jurisdiction; and to discuss personnel matters that affects
one or more specific individuals in accordance with Section
10-508 of the State Government Article of the Annotated
Code of Maryland. Unanimously approved. Unanimously
approved.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Kercheval, seconded by
Aleshire, to reconvene in open session at 4:25 p.m.
Unanimously approved.
In closed session, the Commissioners consulted with counsel
to obtain legal advice; discussed public security as the
public body determined that public discussion would
constitute a risk to the public or to public security;
discussed the appointment and/or assignment of appointees,
employees or officials over whom it has jurisdiction; and
discussed
AUGUST 7, 2007
PAGE THREE
personnel matters that affect one or more specific
individuals. Present during closed session were
Commissioners John F. Barr, Kristin B. Aleshire, James F.
Kercheval, and William J. Wivell. Also present at various
times were: Gregory Murray, County Administrator; John
Martirano, County Attorney; Andrew Wilkinson, Assistant
County Attorney; Joni Bittner, County Clerk; Joe Kroboth,
Director of Public Works; Jim Sterling, Director of the
Buildings, Grounds, and Parks Department; Colonel Randy
Wilkinson; and Major Mark Faith.
APPOINTMENT – EXCISE TAX TASK FORCE
Motion made by Commissioner Aleshire, seconded by
Kercheval, to appoint Matthew Donegan to the Excise Tax
Task Force (Urban Redevelopment). Unanimously approved.
CHANGE ORDER – ARCHITECTURAL SERVICES FOR SECURITY
ENHANCEMENTS – WASHINGTON COUNTY COURT HOUSE
Motion made by Commissioner Wivell, seconded by Aleshire,
to authorize the Department of Public Works to execute a
change order with BFM Architects, Inc. in the amount of
$50,342 to perform architectural and engineering services
to enhance the security at the Washington County Courthouse
as outlined in the design contract. Unanimously approved.
RECESS
The Commissioners recessed at 4:28 p.m. Unanimously
approved.
EVENING SESSION – TOWN OF SHARPSBURG
The evening session of the regular meeting of the Board of
County Commissioners of Washington County, Maryland was
called to order at 7:00 p.m. at Town Hall in Sharpsburg by
President John F. Barr with the following members present:
Vice President Terry L. Baker, and Commissioners Kristin B.
Aleshire, James F. Kercheval and William J. Wivell.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Commissioner Barr followed
by the Pledge of Allegiance to the Flag by the full
assemblage.
APPROVAL OF MINUTES – JULY 31, 2007
Motion made by Commissioner Kercheval, seconded by Wivell,
to approve the minutes of July 31, 2007. Motion carried
with Commissioners Kercheval, Wivell, Baker and Barr voting
“AYE” and Commissioner Aleshire “ABSTAINING.”
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Wivell congratulated the Mayor and Town
Council on the Memorial Day Parade and other events they
sponsor throughout the year and thanked them for hosting
the meeting.
Commissioner Kercheval stated that he attended the Prince
Hall Mason’s Convention. He also reported on the meetings
of the 2+2 Committee for the Board of Education and the
Planning Commission.
Commissioner Baker thanked the Town of Sharpsburg for
hosting tonight’s Commissioners’ meeting. He stated that
he attended the Recreation and Parks Summer Basketball
League Championship games. He also noted that he had
attended the Sharpsburg Mayor and Council meeting held last
month.
Commissioner Aleshire informed the Commissioners that he
attended an orientation session for the PenMar Development
Corporation and toured the base. He reiterated that two of
his continual goals are to meet with the municipalities on
a rotating schedule and create a local Council of
Governments. Commissioner Aleshire reviewed several
upcoming events and asked for more information regarding
several items that were on the Planning Commission’s agenda
for consideration. He also noted a recent article in the
National Association of Counties (NACo) “County News”
regarding measures that two Virginia counties have taken
against illegal immigration.
AUGUST 7, 2007
PAGE FOUR
COUNTY ADMINISTRATOR’S COMMENTS
Greg Murray, County Administrator, informed the
Commissioners that he has a recording of the Board of
Education’s last meeting with their discussion of the
Barbara Ingram School for the Arts if they would like to
listen to it. Mr. Murray stated that he received an e-mail
message from the U.S. Geological Survey regarding a request
made by the Town of Williamsport to name a stream running
through the Town “Springfield Run.” He indicated that he
would make a formal reply that the County has no objection
to this name. Mr. Murray informed the Commissioners that
he received notification from the Secretary of State’s
Office that William Feuerstein has been reappointed to the
Property Tax Assessment Appeals Board. He reminded the
Commissioners that the Maryland Association of Counties
conference will be held in Ocean City, Maryland next week.
Mr. Murray also reminded those in attendance that they can
listen to the Commissioners’ meetings live through the
County’s Internet website at www.washco-md.net.
APPROVAL TO FILL POSITION – SENIOR PLANT OPERATOR
Motion made by Commissioner Wivell, seconded by Aleshire,
to authorize filling the vacant Senior Plant Operator
position at the Water Quality Department. Unanimously
approved.
GRANT ACCEPTANCE & BUDGET TRANSFER– SHARPSBURG & HIGHFIELD
WATER REHABILITATION AND MAINTENANCE PROJECTS
Motion made by Commissioner Kercheval, seconded by Wivell,
to formally accept a grant from the Maryland Department of
the Environment in the amount of $209,375 for the
Sharpsburg and Highfield Water Rehabilitation and
Maintenance Projects, subject to approval by the Board of
Public Works, and to approve the corresponding budget
transfer of these funds into the project. Unanimously
approved.
TOWN OF SHARPSBURG CONCERNS
Mayor Spielman stated that the Town received an invoice
from the County for snow removal for the first time, and he
asked if the County had changed its policy regarding
billing the municipalities. Mr. Murray responded that the
new Highway Department Director evaluated activities and
found that several which were formerly performed by the
Highway Department were not deemed to be the County’s
responsibility and, therefore, are ineligible to be paid
from Highway User Revenues. He stated that the County
would review the billing.
Councilperson Russell Weaver stated that costs for the
Memorial Day Parade are rising and asked the Commissioners
for direction regarding where the Town could receive
financial assistance. Mr. Weaver also requested
information regarding a major power line that is proposed
to run through the southern part of the County. He
indicated that he is concerned about it being in the
viewshed of the Antietam National Battlefield Park.
Commissioner Barr assured him that he has been in contact
with representatives from Allegheny Power and they have
indicated that ample opportunities would be given for the
County and residents to comment on the placement of the
line. Commissioner Kercheval stated that he is hopeful
that the National Park Service would also voice its concern
regarding this issue.
Jeff Saylor, Councilperson, expressed concerns about the
response of the Washington County Humane Society in the
Town and asked how the organization is funded.
Commissioner Kercheval indicated that the agency is under
contract with the County for animal control but that the
Humane Society is not a county agency.
Gary Hull thanked the Commissioners for coming to
Sharpsburg.
CITIZENS’ PARTICIPATION
Several citizens in attendance voiced their concerns with
excise tax and development issues, juveniles in the area,
and a crime problem within the Town and their frustrations
with the response from the Sheriff’s deputies. Mr. Murray
agreed to facilitate a meeting between town officials and
the Sheriff’s Office to resolve these issues.
AUGUST 7, 2007
PAGE FIVE
ADJOURNMENT
Motion made by Commissioner Baker, seconded by Kercheval,
to adjourn at 8:55 p.m. Unanimously approved.
_____________________________,
County Administrator
_____________________________,
County Attorney
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County Clerk