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October 29, 2002
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 11:00 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.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Swartz, seconded by Iseminger, to
convene in closed session at 11:00 a.m. to discuss personnel
matters, consult with counsel to obtain advice, and consult with
staff about pending 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 Schnebly, seconded by Swartz, to
reconvene in open session at 11:50 a.m. Unanimously approved.
In closed session, the Commissioners discussed one (1) personnel
matter, consulted with counsel to obtain legal advice on one (1)
matter, and consulted with staff about pending 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; John Martirano,
Assistant County Attorney; Joni Bittner, County Clerk; and Alan
Davis, Director of Human Resources; Terry McGee, Chief Engineer;
Gary Rohrer, Director of Public Works; Debi Turpin, Executive
Director of the Home Builders Association (HBA), members of the
HBA Board, and Peter Greenburg, Esq., counsel for the HBA.
RECESS – LUNCH
The Commissioners recessed at 11:45 a.m. for lunch
AFTERNOON SESSION
The afternoon session was called to order at 1:00 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.
CONTRACT AWARD – ARCHITECTURAL SERVICES FOR RENOVATIONS –
WASHINGTON COUNTY COURT HOUSE & ANNEX
Motion made by Commissioner Swartz, seconded by Schnebly, to
award the contract for architectural services for renovations to
the Washington County Court House and Annex to Bushey Feight
Morin Architects, Inc., which submitted the low responsive,
responsible bid of $179,180. Motion carried with Commissioners
Swartz, Schnebly, Wivell and Snook voting “AYE” and Commissioner
Iseminger “ABSTAINING.”
BID AWARD – GOLF COURSE MAINTENANCE EQUIPMENT
Motion made by Commissioner Iseminger, seconded by Schnebly, to
award the contract for golf course maintenance equipment to G.
L. Cornell Company, which submitted the low responsive,
responsible bid of $25,916.50. Unanimously approved.
EMPLOYMENT – ENGINEERING TECHNICIAN IV
Motion made by Commissioner Swartz, seconded by Schnebly, to
employ Graydon Hebb to fill the Engineering Technician IV (Grade
12) vacancy in the Engineering Department at $44,000, with the
agreed upon conditions. Unanimously approved.
INTRODUCTION OF NEW LAW CLERK
John Martirano, Assistant County Attorney, introduced Tom Haynes
who is the new part-time Law Clerk in the County Attorney’s
Office. The Commissioners welcomed Mr. Haynes.
JOINT MEETING WITH BOARD OF EDUCATION
The Commissioners met with the Board of Education at 2:30 p.m.
The following members of the Board of Education were present:
Dori Nipps, Mary Wilfong, Herbert Hardin, Ed Forrest, Roxanne
Ober, and Paul Bailey.
OCTOBER 29, 2002
PAGE TWO
Staff members present were Dr. Elizabeth Morgan, Superintendent
of Schools; Dennis McGee, Director of Facilities Management;
William Blum, Chief Operating Officer; and Christian South,
Director of Budget & Finance.
Elementary School Space Needs Study
Dennis McGee reported on the effects of the federal “Bridge to
Excellence in Public Schools Act” on all-day kindergarten and
pre-kindergarten planning. He stated that the legislation
mandates that schools in Maryland transition from half-day
kindergarten to all-day kindergarten during the 2002-08 school
years and that half-day pre-kindergarten be available to all
Title 1 schools under certain conditions. Mr. McGee stated that
this would increase the number of children in the schools by 750
and will have a significant impact on the school system. He
informed the Commissioners that the space needs study shows that
29 additional portable classrooms would be required to
accommodate the increased number of children. The cost of
relocatable classrooms is approximately $100,000 per unit. Other
costs associated with the transition include additional teachers
and transportation. Mr. McGee stated that the study provides
recommendations to phase-in the project. He also reviewed the
information on the space needs for pre-kindergarten classes.
The meeting was then opened for questions and discussion. Mr.
McGee indicated that the study estimates that capital costs
would be increased by $600,000 per year for the next five years
and that there would be an additional $400,000 per year in
operating costs.
School System Technology Update
William Blum, Chief Operating Officer, and David Mundey, Network
Manager, provided an update on the current status and needs of
the school system’s technology. They addressed the strengths
and weaknesses of the system, current infrastructure, and
critical needs, as well as solutions and cost analysis. Mr.
Blum also outlined cost summaries of one-time and annual
expenses that would be required to upgrade the technology. He
stated that the system requires constant care for upgrades and
maintenance.
Commissioner Snook informed the Board of Education that the
Commissioners designated $319,741 from FY 2002 surplus funds for
various one-time initiatives of the Board of Education. He
explained that the items are not part of the maintenance of
effort formula for ongoing funding purposes.
REDUCED/FREE COUNTY COMMUTER STUDENT BUS FARES
Kevin Cerrone, Transportation Director, met with the
Commissioners regarding a proposal to offer reduced or free
student bus fares on County Commuter buses. Mr. Cerrone stated
that the current student fare is $.85 one way. He recommended a
six-month pilot program and asked the Commissioners to reimburse
the County Commuter for lost fare box revenues during the
promotion. Mr. Cerrone estimated that it would cost $8,000-
$10,000 based on actual ridership. Stacey Powell and Eric
Rollins, Washington County school students, made a presentation
to the Commissioners asking for assistance with the student bus
fares. They stated that school buses are not provided to their
neighborhood because they live within 1.5 miles of their school.
They also informed the Commissioners that they are involved with
the Boys & Girls Club and help with outreach programs in the
community. Commissioner Iseminger suggested that the program be
tied to an incentive program. Mr. Cerrone recommended that the
students be issued a punch ticket for 42 rides.
Motion made by Commissioner Iseminger, seconded by Swartz, to
approve a pilot program to provide free student ridership on
County Commuter buses for a six-month period (January – June),
with eligibility to be based on an incentive plan based on
grades or community service, and to reimburse the County
Commuter for lost farebox revenues during the promotion based on
the actual ridership of free rides. After discussion,
Commissioner Iseminger withdrew his motion and Commissioner
Swartz his second.
Motion made by Commissioner Iseminger, seconded by Swartz, to
approve a pilot program to provide free student ridership on
County Commuter buses to and from school for a six-month period
(January 2003 – June 2003), and
OCTOBER 29, 2002
PAGE THREE
to reimburse the County Commuter for farebox revenues lost
during the promotion rides from the Commissioners’ Contingency
fund, based on actual ridership. Unanimously approved.
WATER SUPPLY FROM FRACTURED/KARST TOPOGRAPHY
Gary Rohrer, Director of Public Works, introduced Earl Greene,
District Groundwater Specialist from the US Geological Survey.
Mr. Rohrer explained that Mr. Green had spent the morning
touring the County to examine a variety of groundwater supply
systems in the area. Mr. Greene presented a Power-Point
presentation describing the basic physical concepts of
groundwater flow in fractured and karst aquifers, the source of
water to wells, and the use of a water budget analysis to
determine the availability of water from a fractured rock or
karst aquifer for a given watershed.
Mr. Greene stated that karst aquifers pose unique and difficult
problems. He indicated that research could help with management
of growth and determining the sustainable long-term yields from
aquifers, effective use of the large volume of water stored in
the aquifer, preservation of ground-water quality, and
integration of ground water and surface water into a
comprehensive management system. The meeting was then opened
for questions from the Commissioners. Mr. Greene provided
examples of water budget analyses done in other areas. He
recommended that, if the Commissioners decide to have a water
budget analysis performed, that
it include the entire watershed area and consider land use and
proposed development. Commissioner Snook thanked Mr. Greene for
the presentation and stated that they would take the information
under consideration.
EMERGENCY SHELTER GRANT AGREEMENT – COMMUNITY ACTION COUNCIL
Motion made by Commissioner Swartz, seconded by Iseminger, to
approve the grant agreement with the Department of Housing &
Community Development for an Emergency Shelter Grant for FY 2002
in the amount of $30,155 that would provide funding for the
Community Action Council, CASA, St. John’s Shelter, and REACH,
Inc. Motion carried with Commissioners Swartz, Iseminger,
Wivell and Snook voting “AYE” and Commissioner Schnebly
“ABSTAINING.”
CHARACTER COUNTS! UPDATE
Carolyn Brooks provided an update on the Character Counts!
program and its impact in the community. She asked the
Commissioners to consider providing continued financial
assistance for their efforts. Lt. Margaret Kline of the
Hagerstown City Police Department; Drenna Reineck, Principal at
Bester Elementary School; Joe Sidlowski, Hagerstown Community
College; Paul Pittman, Director of the Head Start Program; and
Tim Berry, Director of Williamsport Retirement Village, each
spoke to the Commissioners regarding the benefits of the
Character Counts! program and how it has affected their
agencies.
Motion made by Commissioner Swartz, seconded by Iseminger, to
provide $5,000 to the Character Counts! program for the purchase
of banners, with funds to be taken from the Commissioners
Contingency fund. Unanimously approved.
FUNDING REQUEST – BROTHERS UNITED WHO DARE TO CARE, INC.
Andy Smith and Frances Campbell of Brothers United Who Dare to
Care, met with the Board to request $3,000 to fund a project
that will target Washington County’s African American
population. He stated that the funds would assist with
operating expenses for computer cable modem installation,
website maintenance and technical assistance. The meeting was
then opened for questions from the Commissioners. Commissioner
Wivell suggested that the request be split with the City of
Hagerstown. After discussion, the Commissioners took the
request under consideration and agreed to meet with the Brothers
United Who Dare to Care to tour their office and library.
RECESS
The Commissioners recessed at 5:15 p.m.
OCTOBER 29, 2002
PAGE FOUR
EVENING SESSION
The evening session was convened at 7:05 p.m. at the
Commissioners Meeting Room in the County Administration Building
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.
APPROVAL OF MINUTES – OCTOBER 22, 2002
Motion made by Commissioner Iseminger, seconded by Swartz, to
approve the minutes of the meeting of October 22, 2002, as
amended. Unanimously approved.
YOUTH OF THE MONTH AWARDS – SEPTEMBER 2002
Commissioner Snook presented a Certificate of Merit to Emily J.
Myers in recognition of her selection as the September 2002
Youth of the Month by the Washington County Community
Partnership for Children & Families (WCCP). The Commissioners
commended Emily for her leadership, academic and extra-
curricular activities. Commissioner Snook stated that Emily
would also receive a $50 savings bond from the WCCP.
CITIZEN OF THE MONTH AWARD – SYLVIA LYON
The Commissioners honored Sylvia Lyon as the Citizen of the
Month for October 2002. Commissioner Schnebly presented her
with a certificate for her work with the Washington County Red
Cross where she has volunteered for the past 15 years in various
positions. Ms. Lyon is also an active member of St. Ann’s
Church and the Maugansville Senior Friendship Group. Mrs. Lyon
thanked the Commissioners for this honor.
PROCLAMATION – A.G. BOBBY FOUCHE
Commissioner Swartz presented a proclamation to A.G. “Bobby”
Fouche honoring him for his many accomplishments over the years.
Mr. Fouche has served as President of the Central Maryland AFL-
CIO Council, Hagerstown City Councilman, and volunteered with
numerous organizations in the County including the American
Heart Association, March of Dimes, Central Maryland AFL-CIO
Council, League of Women Voters, and the Hagerstown Roundhouse
Museum. Commissioner Swartz also presented him with a
watercolor print that he had painted. Mr. Fouche thanked the
Commissioners for this honor.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Iseminger informed the Commissioners that he
attended the Farm Bureau dinner, the Greater Hagerstown
Committee meeting, Washington County’s Most Wonderful Citizen
reception, Hagerstown Community College/League of Women Voters
candidate forum, and the Emergency Services Council meeting.
Commissioner Wivell reported that he met with residents of the
Cascade area concerning the possibility of utilizing the
gymnasium at Fort Ritchie. He stated that he attended the
Parent/Child Center dinner and the Greater Hagerstown Committee
meeting.
Commissioner Schnebly reported on the Greater Hagerstown
Committee meeting.
Commissioner Swartz stated that he was interviewed last week on
WHAG/WQCM radio. He attended the Retired School Administrators
breakfast, the Parent/Child Center dinner, Greater Hagerstown
Committee meeting, Washington County’s Most Wonderful Citizen
reception, and the Commission on Aging meeting. Commissioner
Swartz stated that he met with citizens regarding the Airport
and participated in the Hagerstown Community College/League of
Women Voters candidate forum.
Commissioner Snook informed the Commissioners that the State
awarded $750,000 to reimburse the City and County for the
purchase and demolition of the old McCrory’s building. He
stated that the Planning Department is
OCTOBER 29, 2002
PAGE FIVE
now placing their agenda on the web site. Commissioner Snook
reminded the Commissioners that the Joint Veterans Council would
hold its Veterans’ Day ceremony on November 11 at Snook Park.
He stated that he also met with a gentleman regarding a right-
of-way issue on Harpers Ferry Road.
CITIZENS PARTICIPATION
Norma Heaton stated that she was in attendance for Mr. Greene’s
presentation earlier in the session. She urged the
Commissioners to have a water budget analysis performed for the
drought area.
Thomas Grosh asked Commissioners to consider the implementation
of impact fees. He also spoke in favor of the proposed
moratorium on large residential development. Mr. Grosh stated
that he supported the Clear Spring Fire Department’s purchase of
land for construction of a new fire company. He also informed
the Commissioners of damage to Mt. Aetna Road from large
construction vehicles.
James Devine stated that he feels impact fees are important.
Gerry Ditto, speaking on behalf of the Agricultural Preservation
Board, supported a moratorium on building permits until the
revised Comprehensive Plan is fully implemented.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, reminded the Commissioners
that there is no meeting scheduled for November 5. He stated
that the audit report is scheduled on the November 12 agenda.
SERVICE LINKED HOUSING PROGRAM
Motion made by Commissioner Schnebly, seconded by Iseminger, to
approve an inter-governmental agreement with the Maryland
Department of Human Resources for a grant award of $214,917 over
a three-year period to provide linkages for low-income persons
living in permanent housing to supportive services within the
community. Unanimously approved
CONSIDERATION OF MORATORIUM ORDINANCE
The Commissioners discussed the moratorium ordinance relating to
new major residential subdivisions outside the County’s
designated growth areas. John Martirano, Assistant County
Attorney, reviewed the changes made to the Ordinance following
the public hearing on October 17, 2002. The meeting was then
opened for questions and comments from the Commissioners.
Motion made by Commissioner Swartz, seconded by Iseminger, to
adopt an Ordinance to Provide for a Moratorium on Major New
Residential Developments Outside the Growth Areas entitled
“Moratorium Ordinance for Washington County, Maryland” as
revised. Motion carried with Commissioners Iseminger, Schnebly,
and Swartz voting “AYE” and Commissioners Wivell and Snook
voting “NO.” (A copy of the approved Ordinance is attached.)
ADJOURNMENT
Motion made by Commissioner Iseminger, seconded by Schnebly, to
adjourn at 8:10 p.m. Unanimously approved.
,
County Administrator
,
Assistant County Attorney
___________________________,
County Clerk