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March 19, 2002
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 Paul L. Swartz and Commissioners Bertrand L.
Iseminger, Jr., John L. Schnebly, and William J. Wivell.
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.
BUDGET PRESENTATION – WATER & SEWER DEPARTMENT AND PRETREATMENT
PLANT
Greg Murray, Director of the Water & Sewer Department, and Dawn
Barnes, Assistant Director of Finance, met with the
Commissioners to present the proposed FY 2003 budget for the
Water & Sewer Department.
Mr. Murray reviewed an operating budget comparison for fiscal
years 2002 and 2003 for each fund. The proposed FY 2003 budget
is as follows: Utility Administration (total) - $2,389,627;
Water Fund - $970,000 (general fund appropriation of $332,400);
Sewer - $9,152,249 (general fund appropriation of $2,437,600);
and Pretreatment Fund - $1,435,000 (general fund appropriation
of $350,000). Mr. Murray also reviewed the projected revenues
for each department. The increase in revenue is due to a
combination of user fees, allocation fees, and projected rate
increase. He stated that a slight increase in the connection
fee is projected. The Commissioners then reviewed the budget in
more detail.
PROPOSED RATE SETTING - WATER & SEWER DEPARTMENT
Mr. Murray met with the Commissioners to set rates for water and
sewer services for fiscal year 2003. He distributed a summary
of the major changes that allowed a reduction in the projected
rate increases. Mr. Murray reviewed projections for fiscal years
2003 through 2012. He recommended no increase in the water
rates and a 2% increase in the sewer rates. Mr. Murray reviewed
the schedule of proposed water and sewer rates for FY 2003. He
stated that the increase in sewer rates to the average
residential customer would be $1.38 per quarter.
The Commissioners then discussed the recommendations and options
presented. Debra Bastian, Director of Finance, also explained
the early pay-off of three loans that total $669,864.
Motion made by Commissioner Schnebly, seconded by Swartz, to
accept the rate options for water and sewer as recommended by
staff, including a 2% increase to the sewer fund and no rate
increase in the water fund for fiscal year 2003, for
presentation at a public hearing to be held on April 2, 2002.
Unanimously approved.
BUDGET PRESENTATION – SOLID WASTE DEPARTMENT
Robert Davenport, Director of the Solid Waste Department, and
Harvey Hoch, Recycling Coordinator, presented the budget request
for the Solid Waste Department for FY 2003 in the total amount
of $4,576,915 for all landfill budgets. Mr. Davenport stated
that they are taking steps to identify trends developing in the
“out” years. The staff answered questions from the Board and
discussed proposed rate changes, capping fees, and other items
related to the landfill. Ms. Bastian reviewed long-range
forecasts for the period 2003 – 2012 using various assumptions
to inform the Commissioners of cash reserve issues facing the
Solid Waste Department in the future. The Commissioners asked
that a workshop be scheduled to determine the impact of
increased fees for high-volume users on the cash reserves and to
provide direction to the staff.
BUDGET PRESENTATION – SHERIFF’S DEPARTMENT
Sheriff Charles Mades, Captain Doug Mullendore, and Lt. Van
Evans presented the FY 2003 Sheriff's Department budget as
follows: Judicial - $878,852; Patrol Division - $4,446,783; and
Detention Center - $6,833,051. They each reviewed significant
changes requested in the FY 2003 budget. Sheriff Mades also
requested an increase in the shift differential for Detention
Center employees and provided information on the rates per hour
in other Maryland jurisdictions. He also requested that the
position of “Internal Investigator” be added.
MARCH 19, 2002
PAGE TWO
RESOLUTION DESIGNATING RESIDENT AGENT
Motion made by Commissioner Wivell, seconded by Iseminger, to
approve a resolution designating Richard W. Douglas, County
Attorney, with the State Department of Assessments and Taxation,
as the resident agent for Washington County upon whom process
may be served under certain circumstances. Unanimously
approved.
CITIZENS PARTICIPATION
Paula Worthington asked the Commissioners when proceedings are
scheduled on the remand of the zoning for the Beaver Creek
Quarry from the Court of Special Appeals. Richard Douglas,
County Attorney, informed her that the discussion is scheduled
on the April 2 agenda for the Commissioners to make additional
findings of fact and conclusions.
John Himes informed the Commissioners of his attempts to have a
traffic signal placed at the intersection of US Route 340 and
Valley/Keep Tryst Road. He stated that the State Highway
Administration determined that it is not warranted at that
location. Mr. Himes stated that it is a dangerous intersection
and that the caution lights have been out since November 2000.
LOCAL EMERGENCY PLANNING COMMITTEE – HOME CHEMICAL SAFETY AWARDS
Commissioner Iseminger and Mayor William Breichner presented
proclamations to John Bentley and Clyde Harris, representatives
of the Local Emergency Planning Committee (LEPC), designating
the week of March 17-23, 2002, as Home Chemical Safety Week and
commending this observance to all citizens. Commissioner
Iseminger thanked Verna Brown for her work with the program.
Commissioner Iseminger, who acted as one of the judges in the
poster contest, and Verna Brown, Chairperson of the Educational
Committee of the LEPC, presented awards to the winners of the
Home Chemical Safety poster contest. John Festerman, Director of
Elementary Education for the Board of Education, stated that the
pilot educational program was offered to fourth graders at Salem
Avenue, Hickory, and Boonsboro Elementary Schools and presented
certificates of achievement to all the participants. Ms. Brown
informed the Commissioners that the Washington County Volunteer
Fire & Rescue Association provided lunch for all of the
contestants. The finalists were Tyler Palladino (Hickory
Elementary School) and Devon Crawford (Salem Avenue Elementary
School), and the grand finalist was Amber Wright (Boonsboro
Elementary School). Each of the winners received U.S. Savings
Bonds from the Washington County Volunteer Fire & Rescue
Association. Ms. Brown thanked the local businesses that
sponsored the event.
BID OPENING - 2002 PUBLIC IMPROVEMENT AND 2002 REFUNDING BONDS
Lester Guthorn, Financial Advisor, and Timmy Ruppersberger, Bond
Counsel, appeared before the Commissioners at 11:00 a.m. to
receive and evaluate electronic bids for the 2002 Public
Improvement Bonds and the 2002 Refunding Bonds via the Parity
service. The Commissioners viewed the bids on-line and
evaluated the bid representing the lowest interest rate to the
County. At this time, Mr. Guthorn and Ms. Ruppersberger left the
meeting to review and verify the bids. They stated that they
would return during the afternoon session for award of the bid.
DROUGHT RELIEF MEASURES – LOANS AND GRANTS
Joe Kuhna, Community Development Coordinator, and Colleen
Cashell, representing the Farm Service Agency, brought two
proposals to the Commissioners for their consideration. Mr.
Kuhna recommended using revolving loan funds through the
Maryland Housing Rehabilitation Program to make reduced interest
loans and grants available to farmers for measures that conserve
water and for special agricultural uses in light of the drought
problems across the county. He stated that loans or grants
could be made available for needed repairs for plumbing,
installation of conservation measures, or to provide assistance
to
dairy and livestock farms with the costs of drilling of new
wells. Ms. Cashell explained that the Farm Service Agency could
provide a 50% grant to farmers for the cost of drilling a new
well to get water to the livestock. She then reviewed the
criteria for eligibility in the
MARCH 19, 2002
PAGE THREE
program. Mr. Kuhna recommended that the County collaborate with
the Farm Service agency to provide a 50% match to the loan or
provide funds for hook-up costs. He suggested a cap of $20,000.
The Commissioners suggested that the Rehabilitation Loan Review
Board make the determination whether the funding would be in the
form of a grant or a loan. The Commissioners took this under
consideration.
RECESS– LUNCHEON & BUDGET PRESENTATIONAT WASHINGTON COUNTY FREE
LIBRARY
The Commissioners recessed at 11:52 a.m. to attend a luncheon at
the Washington County Free Library. John Frye, curator of the
Western Maryland Room, made a presentation on the history of
Washington County. Suzanne Downey-Hayes, member of the Board of
Trustees, made the fiscal year 2003 budget presentation for the
Library. Ms. Hayes requested county funding of $1,551,640.
AFTERNOON SESSION
The afternoon session was called to order at 1:37 p.m. by
President Gregory I. Snook, with the following members present:
Vice President Paul L. Swartz and Commissioners Bertrand L.
Iseminger, Jr., John L. Schnebly, and William J. Wivell.
PROCLAMATION - TALL CEDAR OF LEBANON WEEK
Commissioner Swartz read into the record a proclamation
designating the week of March 17-23, 2002, as Tall Cedars of
Lebanon Week and commending this observance to all citizens.
YOUTH OF THE MONTH NOMINATIONS – SEPTEMBER 2001 – DECEMBER 2001
The Commissioners presented Certificates of Merit to the
following youths in recognition of their selection as Youths of
the Month by the Washington County Children's Council:
September 2001 – Hannah Smith, Clear Spring Middle School;
October 2001 – Sondra Lavigne, Clear Spring Middle School;
November 2001 – Joel Footen, Technical High School; and December
2001 – Jessica Meagher, E. Russell Hicks Middle School. The
Commissioners commended them for their leadership, academic and
extra-curricular activities and reviewed the accomplishments of
each student. The students also received a $50 savings bond.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Iseminger stated that he attended the Annual Flower
and Garden Show at Hagerstown Community College (HCC). He
informed the Commissioners that a presentation on faith and
tolerance would be held at HCC on April 11.
Commissioner Wivell reported on the Water & Sewer Advisory
Commission meeting. He had several questions on funding for the
Blue Ridge Summit library. Commissioner Wivell stated that Phil
Physioc contacted him regarding a billing he received from the
County for requests under the Public Information Act. He also
reported that he attended the kick-off meeting of the management
team for the Board of Education.
Commissioner Schnebly reported on the Economic Development
Commission meeting.
Commissioner Swartz reported on the meetings of the Disabilities
Advisory Committee, the Local Management Board, Commission on
Aging, and the Traffic Advisory Committee. He informed the
Commissioners that he attended CASA’s annual dinner and
presented a community partnership award to Commissioner Snook
that he received on behalf of the Board. Commissioner Swartz
stated that he read to students at Salem Avenue Elementary
School and attended the graduation ceremony for students from
the Maryland Correctional Training Center. He also informed the
Board that the opening day for the Hagerstown Suns is April 8.
Commissioner Snook informed the Commissioners that the grand
opening of the new Sears store at the Valley Mall is scheduled
for March 23. He also reviewed a letter from the State Highway
Administration outlining its position on installation of a
traffic signal at US Route 340 and Valley/Keep Tryst Road.
MARCH 19, 2002
PAGE FOUR
APPOINTMENT – DISABILITIES ADVISORY COMMITTEE
Motion made by Commissioner Swartz, seconded by Iseminger, to
appoint Sondra Funk to the Disabilities Advisory Committee, to
fill the unexpired term of Peter Perini extending to November
30, 2002. Unanimously approved.
ADOPTION OF RESOLUTION – AWARD OF THE BID FOR THE 2002 PUBLIC
IMPROVEMENT AND 2002 REFUNDING BONDS
Motion made by Commissioner Iseminger, seconded by Schnebly, to
accept the low bid of Merrill Lynch & Co. at the true interest
cost (TIC) of 4.8% for the sale of $10,700,000 Public
Improvement Bonds of 2002 and to accept the low bid of Merrill
Lynch & Co at the true interest cost of 4.4% for the sale of
$11,055,000 in Refunding Bonds of 2002, and to adopt a
resolution for the Declaration of Official Intent to Reimburse
for the Six-Year Capital Improvement Program. Unanimously
approved. (A copy of the Supplemental Resolution is attached.)
REPORTS FROM COUNTY STAFF
Alan Davis, Human Resources Director, informed the Commissioners
that the Highways Department received an excellent rating from
Maryland Occupational Safety & Health inspector following an
inspection last week. Mr. Davis stated that he met with Solid
Waste Department employees. He reported that he attended a
third-step grievance hearing and a pre-proposal conference on a
vision care program last week. Mr. Davis informed the
Commissioners that the physician and drug testing specifications
are out for bid.
Robert Arch, Director of Planning & Community Development,
provided additional information on the request made by
Keedysville to lease a portion of the Weaverton to Roxbury
right-of-way within the Town limits to develop a park. The
Commissioners agreed to support the request. Mr. Arch informed
the Commissioners that Jaime Dick, Recreation Department
Director, agreed to serve as the County’s representative on the
Board of Directors of the Hagerstown Ice and Sports Complex. He
stated that the Economic Development Administration approved the
extension of the Newgate road project. Mr. Arch informed the
Commissioners that the Planning Commission hearing on the
revised Comprehensive Plan would be held tonight at 7:00 p.m.
Gary Rohrer, Director of Public Works, reported that Rob Slocum,
the new Deputy Chief Engineer, begins work next Monday.
LEASE PURCHASE AGREEMENT – EQUIPMENT AT HIGHWAY DEPARTMENT
Motion made by Commissioner Swartz, seconded by Schnebly, to
approve the Resolution authorizing the execution and delivery of
a Master Equipment Lease/Purchasing Agreement for five (5) John
Deere 310SG backhoe loaders and six (6) John Deere 624H wheel
loaders to be used at the Highways Department. Unanimously
approved.
JOINT USE AGREEMENTS – TENNIS COURTS
Motion made by Commissioner Iseminger, seconded by Swartz, to
approve the joint use agreement with the Washington County Board
of Education and the Maryland Department of Natural Resources
for tennis courts at North Hagerstown High School, South
Hagerstown High School, Smithsburg High School, Williamsport
High School, and Hancock High School that were improved with
Program Open Space funding. Unanimously approved.
LANDFILL FEE – WASHINGTON COUNTY FREE CLINIC
Motion made by Commissioner Schnebly, seconded by Swartz, to
fund the landfill fees in an amount not to exceed $225 for one
dumpster load for the Washington County Free Clinic’s mud
volleyball fundraiser, and to reimburse the Department of Solid
Waste from the Commissioners’ contingency fund. Unanimously
approved.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, stated that the tennis
courts at Smithsburg High School, North Hagerstown High School,
and Williamsport High School are scheduled for repair in next
fiscal year’s budget.
MARCH 19, 2002
PAGE FIVE
CONVENE IN CLOSED SESSION
Motion made by Commissioner Schnebly, seconded by Swartz, to
convene in closed session at 2:33 p.m. to consult with counsel
to obtain legal advice and consult with staff about pending or
potential litigation, 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 Wivell, seconded by Iseminger, to
reconvene in open session at 3:43 p.m. Unanimously approved.
In closed session, the Commissioners consulted with counsel to
obtain legal advice on one (1) matter and consulted with staff
about one (1) matter of pending or potential litigation.
Present during closed session were Commissioners Gregory I.
Snook, Paul L. Swartz, Bertrand L. Iseminger, Jr., John L.
Schnebly, and William J. Wivell. Also present at various times
were Rodney Shoop, County Administrator; Richard Douglas, County
Attorney; John Martirano, Assistant County Attorney; Joni
Bittner, County Clerk; Robert Arch, Director of Planning &
Community Development; Gary Rohrer, Director of Public Works,
Greg Murray, Director of the Water and Sewer Department; and
Water & Sewer Advisory Commission members Ed Renn, Christopher
Diehl, Bonnie Parks, and Scott Schubel.
RECESS
The Commissioners recessed at 3:43 p.m.
JOINT MEETING WITH CITY OF HAGERSTOWN
The Commissioners met with Mayor William Breichner and City
Council members Linn Hendershot, Kristin Aleshire, and Carol
Moller at City Hall at 4:00 p.m.
Allocation of Sewer Services
Mayor Breichner introduced George Keller, Maryland Department of
the Environment (MDE), Jim Noonan, Maryland Department of
Planning, and Shari Wilson, Office of Smart Growth. He stated
that the staff arranged for representatives from these agencies
to attend the joint meeting to discuss issues and questions that
have been raised regarding the allocation of sewer capacity and
the proposed modifications to the Consolidated General Services
Agreement for sewer services.
Ed Norman, Staff Engineer, presented a map showing the location
of new developments being proposed in the City and County and
where they are located in relation to the designated Urban
Growth Area boundary and Priority Funding Areas (PFAs). Rick
Thomas, Director of the Water Pollution Control Department for
the City of Hagerstown, stated that the proposed interconnection
agreement would transfer wastewater flow from the City of
Hagerstown to the County. He also reviewed the rated design
capacity of the Hagerstown plant and outlined how the actual
flow was allocated. He stated that no building permits are
issued unless the water and sewer capacity is secured.
Commissioner Iseminger stated that a letter from MDE urged
cooperation between the City and County as the most efficient
way to operate on a regional basis. He reminded them that the
interconnection would save $1.5 million for both entities and
allow the City to delay the expansion and upgrades to its
current facility. The interconnection would also provide the
needed capacity to allow all projects to be served.
Commissioner Iseminger stated that this plan was approved in
concept and a Memorandum of Understanding was developed based on
these concepts.
Commissioner Schnebly stated that geography dictated the most
efficient use of the infrastructure.
Councilman Aleshire had questions with regard to providing City
water and sewer service to areas outside the designated funding
areas and if this would affect their State funding. Mr. Noonan
stated that if the area was in a designated service area that it
could be served. Mr. Keller informed them that municipalities
may have their own water and sewer plan but that it would be
subsidiary to the County’s plan and should be
MARCH 19, 2002
PAGE SIX
submitted to the County for approval. Mr. Noonan stated that
the issues raised are local issues and not issues for the State
to decide. He said that the interconnection agreement could be
a “win-win” situation for both the City and County and that
annexation is a separate issue and should not slow down the
approval of the agreement. Bruce Zimmerman, City Administrator,
informed the State officials that the City is struggling with
the downtown core and the loss of revenue and is looking to
annexation as a way to build the City’s tax base. Ms. Wilson
indicated that the State is doing what it can to focus
development into the urban areas. Commissioner Schnebly stated
that annexation is not a panacea for all of the City’s problems
and cited other areas that should be explored. He indicated
that the County Commissioners have included urban revitalization
as one of their goals for 2003.
ADJOURNMENT
Motion made by Commissioner Schnebly, seconded by Iseminger, to
adjourn at 5:45 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,
County Clerk