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October 16, 2007
Hagerstown, Maryland
JOINT MEETING WITH BOARD OF EDUCATION
County Commissioners John Barr, Kristin Aleshire, Terry
Baker, and James Kercheval met with the Board of Education
at 8:10 a.m. The following Board of Education members were
present: Roxanne Ober, Paul Bailey, Ruth Anne Callaham,
William Staley, Donna Brightman, Wayne Ridenour, and
Bernadette Wagner. Staff members making presentations were
Dr. Elizabeth Morgan, Superintendent of Schools; Boyd
Michael, Assistant Superintendent for School Operations;
Donna Hanlin, Assistant Superintendent for Secondary
Instruction, Boyd Michael, Assistant Superintendent for
School Operations; and Michael Peplinski, Director of
Maintenance and Operations.
Antietam Academy – Follow-up Discussion
Donna Hanlin and Boyd Michael met with the Commissioners to
provide additional information regarding their request that
the County reinstate funding for planning to expand the
Antietam Academy facility and to answer any questions they
may have about the project. Commissioner Kercheval stated
that he has concerns regarding the per-student cost for the
project, not the need for the building. He suggested that
they look at possible ways to lower costs. Mr. Michael
stated that the building would be designed to facilitate
evening high school and summer school students. He
indicated that the Board has investigated the possibility
of purchasing and renovating an existing facility.
Commissioner Aleshire had questions regarding construction
figures. The estimated cost for planning funds is $426,000
which could be taken from the Board’s reserves. Dr. Morgan
stated that she would like to have the Commissioners’
approval for the concept of building the Antietam Academy.
It was the consensus of the Commissioners to support the
project and to give their approval to move forward with the
geotechnical study.
Comprehensive Maintenance Plan for 2009
Mr. Michael and Mr. Peplinski reviewed the Comprehensive
Maintenance Plan for 2009 as approved by the Board of
Education. Mr. Peplinski stated that the Plan outlines the
strategy for maintaining the facilities and includes the
list of scheduled, unscheduled, and deferred maintenance
projects. Mr. Michael noted that they have been “whittling
down” the list over the last 5-7 years. The meeting was
opened for questions.
Future Sites for School System Growth
Mr. Michael distributed a map outlining the areas in the
County that would be appropriate for potential future sites
for a new high school and elementary schools. Also
discussed was the need to acquire land for the proposed
West City Elementary, North County Elementary, and East
City High. Commissioner Aleshire stated that they need to
discuss properties in general terms but reminded them that
they would also have to consider the costs involved to
extend water and sewer services and for adequate road
systems. He asked that they find the most cost-effective,
efficient location. Dr. Morgan indicated that it would be
a four-year process once the site is identified. Mrs. Ober
suggested that they could also consider a land swap. It
was the consensus to appoint a small group consisting of
Board of Education and County staff to identify sites and
provide options for consideration. Greg Murray, County
Administrator, agreed to have the County’s Real Property
Administrator identify the owners of possible sites and
develop a short list for the group to begin discussions.
RECESS
The Commissioners recessed at 9:40 a.m.
CALL TO ORDER
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 9:52
a.m. by President John F. Barr with the following members
present: Vice President Terry L. Baker, and Commissioners
Kristin B. Aleshire; and James F. Kercheval.
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.
OCTOBER 16, 2007
PAGE TWO
APPROVAL OF MINUTES – OCTOBER 2 & 9, 2007
Motion made by Commissioner Aleshire, seconded by
Kercheval, to approve the minutes of October 2 and 9, 2007,
with revisions. Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Aleshire commented on “The Regional Update”
newsletter he received from Frostburg University which
included State economic data. He noted the comment period
for the environmental assessment at the Antietam
Battlefield National Park. Commissioner Aleshire stated
that he attended the South County Democrat Club meeting.
Commissioner Kercheval informed the Commissioners that he
and County Administrator Greg Murray attended the strategic
planning session for a senior-friendly county. He reported
on the Planning Commission workshop. Commissioner
Kercheval commended the County staff that volunteered for
the United Way Day of Caring.
Commissioner Barr stated that he attended the kick-off
ceremony for the United Way Day of Caring event.
INTRODUCTION OF NEW EMPLOYEES
Dee Hawbaker, Acting Human Resources Director, introduced
the following new County employees: Amy Stahl (Water
Quality); Jason Kennedy (Sheriff’s Department); Brian Gsell
(Sheriff’s Department); Rebecca Macuch (Sheriff’s
Department); Casey Nogle (Sheriff’s Patrol); Joseph Gustaf,
II (Solid Waste); Bradley Ditto (Water Quality); and G.
William Sonnik (Human Resources). The Commissioners
welcomed the new employees and wished them well in their
new positions.
(Commissioner Wivell arrived at the meeting at 10:06 a.m.)
HUMAN SERVICE TRANSPORTATION COORDINATION UPDATE
Dave Jordan, Director of the Community Action Council
(CAC), and Elisabeth Fetting, representing KFH Group, Inc.,
appeared before the Commissioners to provide an update on
the Human Service Transportation Coordination Plan. Other
members of the subcommittee in attendance were Rod MacRae,
Washington County Health Department; William Beard, Chair
of the Commission on Aging Board; and Norman Bassett,
Disabilities Coordinator. Mr. MacRae stated that this is
the second year of a possible four-year funding cycle. The
funding from FY 2008 will be used to hire a transportation
coordinator to establish the office and the necessary
infrastructure.
Ms. Fetting provided background information and the results
of the consultant’s study to maximize the transportation
resources of public and private agencies to allow them to
be used more extensively and prevent duplication and/or
improve services if coordinated by a central office. She
stated that the single biggest challenge will be obtaining
vehicles. Ms. Fetting reviewed possible grant funds that
would be available for this purpose. She stated that the
CAC has agreed to serve as the coordinator for portions of
the transportation programs currently being conducted. Ms.
Fetting also reviewed a draft operating budget for the
program. She estimated an annual cost of $740,000 and
provided the costs to each participating agency for the
service.
Mr. Jordan stated that the subcommittee is nearing the
formalization of a memorandum of understanding between the
Commission on Aging, CAC, United Cerebral Palsy of Central
Maryland, Horizon Goodwill Industries, the ARC of
Washington County, Washington County Health Department, and
the Washington County Public Transportation Department. He
informed the Commissioners that they expect the coordinated
services to begin July 1, 2008. Mr. Jordan indicated that
a representative of each participating agency would serve
on the CAC Board of Directors. The meeting was opened for
questions and discussion. The Commissioners thanked the
subcommittee for the information.
OCTOBER 16, 2007
PAGE THREE
CITIZENS’ PARTICIPATION
Cliff Anderson commented on the need for additional
transportation services for disabled persons in Washington
County.
COUNTY ATTORNEY ISSUES
John Martirano, County Attorney, stated that he and his
staff attended the Planning Commission’s workshop yesterday
regarding the pending text amendment and the revised
procedures for rezoning cases.
APPROVAL TO ADVERTISE – GIS SPECIALIST POSITION
Motion made by Commissioner Kercheval, seconded by Baker,
to approve the request to advertise to fill the vacant GIS
Specialist position in the Information Technologies (IT)
Department. Unanimously approved.
REPORTS FROM COUNTY STAFF
Norman Bassett, Disabilities Coordinator, reported on the
Western Maryland Disabilities Forum that was held yesterday
at Robinwood Medical Center.
COUNTY COMMISSIONERS’ COMMENTS – CONTINUED
Commissioner Wivell reported on the meeting held by
Governor O’Malley with County Commissioners from Allegany,
Garrett, and Washington Counties last week to address the
upcoming special legislative session on budget issues. He
stated that the Governor promised that he would not balance
the State budget through reductions to the counties and
reviewed his proposed budget plan. Commissioner Wivell
said that Governor O’Malley indicated that there could be a
reduction in new school construction funding from $400
million to $300 million and a smaller than projected
increase in Thornton funds.
PRESENTATION AND REVIEW OF DRAFT CHARTER
Jeannie Singer, Chair of the Home Rule Charter Board,
appeared before the Commissioners to present the draft of
the proposed Charter for Washington County. Charter Board
members Brien Poffenberger, Mary Ellen Waltemire, David
Hanlin, Lee Downey, Tom Berry, and Sharon Leatherman, were
also in attendance. Ms. Singer stated that the Charter is
still in draft form; however, it will be final when
presented to the Commissioners on October 30. The Charter
provides all rights and powers of local self-government and
home rule. It will be on the ballot in the February 2008
election. Ms. Singer stated that the overall feedback at
the public meetings has been fairly positive. She urged
the Commissioners to ask any questions they have as they go
through the presentation.
Ms. Singer then reviewed the draft Charter. She noted that
the biggest change from the current structure would be
increasing the size of the board from five to seven
Councilmembers, five that would be nominated and elected in
separate Council districts and two members elected at-large
by the entire County. Commissioner Kercheval stated that
he is not a supporter of election by districts and feels
that the Council should look at the County as a whole on
each vote. The Commissioners also had concerns regarding
the composition of the districts and whether the highest
concentration of voters in the metropolitan area would
elect the majority of the council.
Ms. Singer stated that the Board decided not to include an
elected County Executive in the draft but to continue with
an appointed County Administrator, which would be called
the Chief Administrative Officer. She also reviewed the
legislative and executive powers of the Council and noted
that enacting legislation would require four positive
votes. Ms. Singer discussed the Budget and Finance Article
and Miscellaneous provisions. The Commissioners discussed
the borrowing limitations and the limit of outstanding
indebtedness included in the draft of five percent of the
assessable base of the County.
She stated that the Board is requesting the County
Commissioners’ input on the draft Charter and asked that
the Commissioners forward any comments to the Charter Board
by October 23. In answer to the Commissioners’ question,
she indicated that the final vote on the draft
OCTOBER 16, 2007
PAGE FOUR
Charter was 8-1. At this time, Mr. Berry presented a
minority report in opposition to the draft Charter as
presented.
RECESS
The Commissioners recessed at 12:09 p.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:32 p.m. 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.
TRI-COUNTY 911 DATA PROJECT COMPLETION & GIS UPDATE
Bud Gudmundson, GIS Manager, and John Latimer, Director of
the Division of Fire & Emergency Services, informed the
Commissioners that the Tri-County 911 Data Project is now
complete. The geographic data compiled for use in the 911-
dispatch system was installed and is now in use. He stated
that the software locates the source of a 911 call and
displays it on-screen in a detailed mapping context to
allow emergency responders to be routed to them as quickly
as possible. Mr. Gudmundson noted that this project has
been an integral part of the Enterprise GIS implementation.
He stated that the data will be utilized by other County
departments. Mr. Gudmunson provided a history of the
project and stated that Allegany County was the lead agency
on the project. He thanked County staff who participated
in the project as well as those in Allegany and Garrett
Counties. The meeting was opened for questions.
Motion made by Commissioner Kercheval, seconded by Baker,
to adopt the revisions to the Digital Spatial Data
Distribution Policy AT-2 to transfer the data from the
Planning Department to the GIS Office. Unanimously
approved.
PROPOSED FEE INCREASE FOR BOYS & GIRLS HIGH SCHOOL SUMMER
BASKETBALL LEAGUE
Jaime Dick, Recreation Director, met with the Commissioners
to request a fee increase for the Boys & Girls High School
Summer Basketball League. He informed the Commissioners
that the Washington County Basketball Officials Association
has requested an increase to $50 per game for the 2008
Summer League. Mr. Dick stated that they have agreed to
the increase but are requesting that this price be locked
in for a three-year period. He proposed that a sliding fee
be approved to raise League entry fees to offset the
increase for the officials. Mr. Dick reviewed the fee
proposal for 2008: 1-2 County teams - $475; 3-4 County
teams - $450; 5 or more County teams - $400; and Non-County
teams - $600. The meeting was then opened for discussion.
Motion made by Commissioner Wivell, seconded by Kercheval,
to approve the fee increases as presented for the Boys &
Girls High School Summer Basketball League as provided by
Recreation Department.
Commissioner Aleshire proposed an amendment to include that
the fee increase be contingent upon the Washington County
Basketball Officials Association agreeing to a three-year
contract. There was no second to the proposed amendment.
The Main Motion carried with Commissioners Wivell,
Kercheval, Baker and Barr voting “AYE” and Commissioner
Aleshire voting “No.”
Mr. Dick reminded the Commissioners that “The Park at Dark”
Halloween event would be held at Doubs Woods County Park on
October 20. There are 200 participants registered for the
event.
PROCLAMATION – JFK 50-MILE ULTRA MARATHON AND REQUEST FOR
FINANCIAL ASSISTANCE
Mike Spinnler, JFK 50-Mile Ultra Marathon Director, and Tom
Riford, Executive Director of the Hagerstown-Washington
County Convention and Visitors Bureau, appeared before the
Commissioners to provide an update on the JFK 50-Mile Ultra
Marathon. Mr. Riford stated that over 2,600 hotel room
overnight stays are generated in the County that weekend.
Mr.
OCTOBER 16, 2007
PAGE FIVE
Spinnler noted that participant safety is a concern and
reviewed the improvements that have been made for this
year’s race on November 17. Mr. Riford asked the
Commissioners to consider providing $2,500 as a
match to the CVB support to provide for police and
emergency services assistance for the race. He stated that
the funds could be paid through the County’s share of hotel
rental tax. Greg Murray, County Administrator, informed
Mr. Spinnler that Sheriff Mullendore was unable to attend
the meeting but requested that Mr. Spinner meet with him
regarding safety concerns and the possible relocation of
the route on Dam #4 and Spielman Roads. Mr. Spinnler
stated that he would meet with him but was doubtful that
the route could be relocated in that area.
Motion made by Commissioner Wivell, seconded by Baker, to
reimburse the Washington County Sheriff’s Department for
overtime costs for the JFK 50-Mile Ultra Marathon, in an
amount not to exceed $2,500, to be taken from the hotel
rental tax fund. Unanimously approved.
Commissioner Baker presented Mike Spinnler a proclamation
commending the JFK 50-Mile Organization for the positive
impact of the race on County residents. The Commissioners
recognized it as the largest, oldest, and most prestigious
athletic event of its kind.
DISCUSSION OF RECOMMENDATIONS MADE BY EXCISE TAX TASK FORCE
The Commissioners discussed the recommendations made by the
Excise Tax Task Force at the October 9 meeting. Mr. Murray
presented information based on forecasted revenues for
residential permits for the FY 2008-2013 budgets and the
corresponding revenue that should have been derived, and an
adjusted program based on the current forecast based on the
market conditions. He noted the shortfall from the
original number given the current projects. Mr. Murray
reviewed four scenarios based on gradual, moderate and
rapid recovery. He stated that the Commissioners need to
decide what they feel is the proper rate of recovery and
the rate to recover as far as infrastructure needs.
Commissioner Aleshire debated the scenarios stating that
they assume that the same services would still be needed in
the same amount of time if growth is slowed. He stated
that the school deficiencies are due to current conditions
and not because of new homes. Commissioner Kercheval
indicated that new homes have impacted current inadequacies
and without the necessary funds to complete the currently
proposed school projects on time, the Adequate Public
Facilities Ordinance would stop the development of many new
homes. The Commissioners discussed the amounts that would
be generated through new construction, including multi-
family projects and additions. They indicated that
additional information was needed regarding developments
built within the municipalities, commercial development,
and clarification on how the components of the tax are
applied. The Commissioners discussed the recommendation of
the Task Force to charge $2.00 per square foot. No
consensus could be reached on this issue and they agreed to
review this matter again when they receive the additional
information requested.
It was the consensus of the Commissioners to, in concept,
approve the Task Force’s recommendations to eliminate the
exemption for elderly housing and to develop a separate
policy with regard to affordable/workforce housing; to base
excise tax on residential construction on construction
activity instead of dwelling units; to assess residential
additions at a rate of 50% of the indicated rate for new
construction; that the excise tax amount for multi-family
residential units be charged at a rate comparable to that
of single-family residential units based on total gross
square footage; to exempt farm construction, government
construction, residential accessory structures, schools,
redevelopment areas, enterprise zones and religious
corporations, based upon the review and clarification of
definitions; to revise Section 7(e) of the ordinance to
eliminate “that primarily provide additional capacity.”; to
eliminate Section 13 dealing with Affordable and Workforce
Housing from the Ordinance; to clarify the intent of
Section 3A(b); and to strike “including additions” from the
flat rate to be charged for habitable square footage for
single-family, duplexes and
OCTOBER 16, 2007
PAGE SIX
townhouses. The Commissioners agreed to discuss the
remaining recommendations in the near future.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wivell, seconded by Aleshire,
to convene in closed session at 4:19 p.m. to discuss the
appointment, employment, assignment, promotion,
compensation, and/or performance evaluation of appointees,
employees, or officials over whom it has jurisdiction; and
other personnel matters that affect one or more specific
individuals, 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 Aleshire, seconded by
Kercheval, to reconvene in open session at 4:26 p.m.
Unanimously approved.
In closed session, the Commissioners discussed the
appointment, assignment, and/or compensation of appointees,
employees or officials over whom it has jurisdiction; and
discussed personnel matters that affect one or more
specific individuals. Present during closed session were
Commissioners John F. Barr, Terry L. Baker, Kristin B.
Aleshire, James F. Kercheval, and William J. Wivell. Also
present at various times were: Gregory Murray, County
Administrator; and Joni Bittner, County Clerk.
APPOINTMENTS – AGRICULTURAL MARKETING ADVISORY COMMITTEE
Motion made by Commissioner Wivell, seconded by Baker, to
appoint Richard Seibert, J.D. Rinehart, Marlin Martin, Hal
Spielman, and David Herbst to the Agricultural Marketing
Advisory Committee for three-year terms and to appoint
Brien Poffenberger (Chamber of Commerce), Lynn Little
(Extension Office), and Tim Troxell (Economic Development
Commission) or their designees as ex-officio, non-voting
members. Unanimously approved.
ADJOURNMENT
Motion made by Commissioner Aleshire, seconded by Baker, to
adjourn at 4:27 p.m. Unanimously approved.
_____________________________,
County Administrator
_____________________________,
County Attorney
________________________
County Clerk