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November 12, 2002
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 8:30 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. Also
present were Commissioners-elect James F. Kercheval, John C.
Munson, and Doris J. Nipps.
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 29, 2002
Motion made by Commissioner Iseminger, seconded by Schnebly, to
approve the minutes of October 29, 2002, as amended.
Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
The Commissioners discussed the State funds appropriated for the
purchase and demolition of the former McCrory’s building on West
Washington Street as an open space area for the University
System of Maryland campus adjacent to the location. They asked
the County Administrator to ensure that the City of Hagerstown
would jointly participate with them to fund the remaining
project costs.
Commissioner Iseminger stated that he attended the State of
Education forum that was sponsored by the Chamber of Commerce.
He reported that he met with Williamsport Ambulance personnel
regarding emergency services issues. Commissioner Iseminger
informed the Commissioners that he participated in the Kids
Voting parade at Maugansville Elementary School, the Alsatia
Club Mummers Parade, and the church service at Emmanuel Baptist
Church. He reported on the meetings of the Advisory Commission
to the Board of Health and the Planning Commission.
Commissioner Wivell stated that he participated in the Kids
Voting Parade at Maugansville Elementary School and the Alsatia
Club Mummers Parade. He also attended the Veterans’ Day
Ceremony at Marty Snook Park and the public hearing at North
Hagerstown High School regarding the proposed athletic complex.
Commissioner Schnebly stated that he also participated in the
Alsatia Club’s Mummers parade.
Commissioner Swartz informed the Commissioners that he
participated in the Kids Voting Parade, Alsatia Club Mummers
Parade, and the church service at Emmanuel Baptist Temple. He
reported on the Commission on Aging meeting and stated that they
asked him to remain on the Board as an ex-officio member.
Commissioner Swartz stated that he would be attending the
“Maryland, You Are Beautiful” reception in Annapolis tomorrow
night. He also made a recommendation that funds be taken from
the County’s cash reserves toward a scholarship at Hagerstown
Community College. He suggested that the Commissioners
challenge local businesses to contribute toward a full
scholarship.
Commissioner Snook reported on the Chamber of Commerce board
meeting. He stated that he met with representatives of the
Girls’ Softball League who have requested that the County assist
in the construction of restrooms and a concession stand at the
softball fields at Kemps Mill. Commissioner Snook stated that
he attended the public hearing at North Hagerstown High School.
He reminded the Commissioners that the Highway Department’s
Christmas party will be held on December 7. The Commissioners
also discussed a request that County Commuter buses go into the
Francis Murphy elderly housing complex since the residents have
difficulty walking to the nearest bus stop. The Commissioners
agreed to discuss this with Kevin Cerrone, Transportation
Director.
REPORTS FROM COUNTY STAFF
Joe Kroboth, Director of Emergency Services, informed the
Commissioners that he spoke to the Hagerstown Kiwanis Club last
week. He commended dispatcher Bill King who provided telephone
instruction to a father who
NOVEMBER 12, 2002
PAGE TWO
delivered his wife’s baby at home. Mr. Kroboth informed the
Commissioners that the State Emergency Numbers Board held its
inspection of the 911 center last week and they received a good
report with several recommendations. He stated that the
Governor’s Flood Mitigation Task Force would be meeting in
Frostburg this week.
Gary Rohrer, Director of Public Works, stated that he attended
the American Public Works Association board meeting last week.
He informed the Commissioners that the County’s bridge
inspection program received rave reviews from the Federal
Highway Administration and State Highway Administration. Mr.
Rohrer stated that the Engineering Department is meeting with
the Maryland Department of the Environment regarding the
stormwater management program. He reported that Cell #2 at the
landfill is a week ahead of schedule. He also reported that the
Solid Waste Department staff is working with the Planning
Department in scheduling public meetings on the update of the
Solid Waste Management Plan.
Alan Davis, Human Resources Director, stated that he met with
Union representatives last week. He stated that Brian Overcash,
Safety Administrator, is in the process of teaching the annual
CPR and AED classes. Mr. Davis informed the Commissioners that
representatives of the Economic Development Commission (EDC)
participated in the interviews conducted for the position of EDC
Director. He stated that he met with representatives of
Nationwide Retirement Solutions regarding new programs being
offered to County employees. Mr. Davis indicated the Local
Management Board would be meeting on Friday and Greater
Hagerstown’s Consolidation Task Force subcommittee is scheduled
to meet on November 14.
Debra Bastian, Director of Finance, thanked her staff for
implementing the new government accounting GASB 34 regulations.
She stated that they implemented the changes in house with no
additional cost to the County. Ms. Bastian indicated that she
hopes to save $10,000 by doing the Official Statement for bond
issue in house as well. She informed the Commissioners that
interest income is not doing well. Ms. Bastian stated that she
should know the first income tax distribution amounts for the
new fiscal year with the next few weeks. She stated that she
hopes to present several options to reduce borrowing on the
approved bond issue amount to the Commissioners in the next few
weeks.
Robert Arch, Director of Planning & Community Development,
stated that the Recreation & Parks Board heard presentations
from municipalities last week on their requests for Program Open
Space (POS) funding. Mr. Arch provided an update on the road
alignment studies being done by the Metropolitan Planning
Organization. He stated stadium project at North High is not a
good candidate for POS funds. Mr. Arch informed the
Commissioners that there would be a special meeting of the
Planning Commission next week. He asked the Commissioners to
th
consider paying two two invoices from the 140 Re-enactment of
the Battle of Antietam – one for the overtime costs of the
Sheriff’s Department ($17,380) and one for mulch ($6,569). The
Board took the request under consideration and asked Mr. Arch to
provide a more detailed presentation of the expenses incurred.
PRESENTATION OF AUDITED FINANCIAL STATEMENTS – FISCAL YEAR 2002
Mike Manspeaker, representing Smith Elliott Kearns & Company,
appeared before the Commissioners to present the County's Fiscal
Year 2002 audit report. Mr. Manspeaker also reviewed the
changes that occurred in the audit presentation due to the new
GASB 34 regulations. Debra Bastian, Director of Finance, stated
that she and her staff developed the implementation plan to deal
with the new regulations.
Mr. Manspeaker stated that the full accrual accounting basis was
used in the GASB statement on governmental funds and is
significantly different from the way in which it has been
presented in the past. He also stated that it includes
depreciation of the County’s assets. Mr. Manspeaker provided an
explanation of the different funds, component units, notes to
the financial statement, and the supplemental information
included in the audit.
NOVEMBER 12, 2002
PAGE THREE
Mr. Manspeaker reported that the County has a “clean”
unqualified financial report again this year. He then provided
a detailed review of the audit report, including the General
Fund, Highway Fund and Capital Improvements Projects. Mr.
Manspeaker stated that the General Fund ended with an excess of
$3.6 million in revenues over expenditures. The Commissioners
thanked Mr. Manspeaker for his presentation, and the Finance
Department staff for their efforts.
UNITED WAY/COMMUNITY HEALTH CHARITIES INCENTIVE DRAWING
Tina Ruppert, Brian Overcash, and Julie Nichols, co-chairs of
the County’s 2002 United Way campaign, met with the Board to
provide a summary of the fund drive. Ms. Ruppert informed them
that the fund drive officially ended November 8 and that the
pledges totaled $39,472. She stated that this is 16% above the
goal set for 2002. Ms. Ruppert stated that the added incentive
of drawings for two $300 gift certificates contributed to the
success of the campaign. She also recognized the Sheriff’s
Department, which had an 80% participation rate. Commissioner
Swartz and Schnebly then drew names to determine the winners of
the gift certificates. Robert Ankorbrand from the Sheriff’s
Department and Janet Moats from the Airport were the winners of
the gift certificates.
PUBLIC HEARING – AMENDMENTS TO ADEQUATE PUBLIC FACILITIES
ORDINANCE
The Commissioners held a public hearing at 10:10 a.m. to permit
any resident to appear and testify concerning the proposed
adoption of an ordinance entitled “An Ordinance to Amend Certain
Provisions of the Adequate Public Facilities Ordinance.” Also
present were Planning Commission members Paula Lampton, Ben
Clopper, and George Anikis.
Robert Arch, Director of Planning & Community Development,
stated that the proposed amendments to the Ordinance consist of
two amendments to Article V – Schools. He explained that the
first amendment would delete the exemption from adequacy testing
for single and two-family dwellings within designated growth
areas. The second amendment would change the baseline data upon
which school capacity is tested from school enrollment figures
in June and December to the most current month that the school
district has provided data to the Washington County Department
of Planning & Community Development. The meeting was then
opened for public comment. There was no one present who wished
to comment. Commissioner Snook stated that the record would be
held open for ten (10) days in order to allow additional
comments to be submitted in writing. The public hearing was
adjourned at 10:18 a.m.
JOB CREATION TAX CREDIT ORDINANCE
The Commissioners considered adopting an ordinance to provide
tax credits for businesses creating jobs in Washington County,
and a resolution setting forth exclusions from the coverage of
the ordinance. Richard Douglas, County Attorney, stated that
Md. Code, Tax-Property Article 9-230 provides that the County
Commissioners have the authority to adopt an ordinance granting
tax credits to businesses that create jobs. Tim Troxell, Acting
Director of the Economic Development Commission, stated that if
the Ordinance were adopted, it would provide credits against
county property taxes for creation of jobs in the county under
certain circumstances. The ordinance would also provide
qualifications for such tax credits. Mr. Douglas explained that
the resolution that accompanies the ordinance also provides for
certain exclusions from the coverage of the ordinance by type of
business entity, type of position, and geographic area. The
meeting was then opened for discussion and questions. The
Commissioners agreed to amend the Ordinance to make it
applicable only to businesses locating in priority funding areas
and designated growth areas.
Motion made by Commissioner Iseminger, seconded by Schnebly, to
adopt an Ordinance to Provide Tax Credits for Businesses
Creating Jobs in Washington County, and adopt a Resolution
setting forth exclusions from the coverage of the Ordinance, as
amended to make it applicable only to businesses locating in
priority funding areas and designated growth areas. Unanimously
approved. (A copy of the approved Ordinance and Resolution is
attached.)
NOVEMBER 12, 2002
PAGE FOUR
CITIZENS PARTICIPATION
Laura Parrish, representing the National Pike Festival Wagon
Train, informed the Commissioners that the festival is scheduled
for May 17-18, 2003 and asked that the County support the event
by providing law enforcement, insurance coverage, and a small
amount of copy services and postage.
Motion made by Commissioner Wivell, seconded by Iseminger, to
approve funding from the Commissioners’ Contingency Fund to pay
for overtime for
Sheriff’s deputies for the National Pike Festival on May 17-18,
2003. Unanimously approved.
Don Spickler thanked the outgoing Commissioners for their
commitment to the County and for their professionalism.
Wayne Lafferty spoke in support of the implementation of impact
fees.
Jim Laird commended the Commissioners on the adoption of the
Ordinance to Provide Tax Credits for businesses creating jobs in
Washington County.
RURAL LEGACY GRANT AGREEMENT
Motion made by Commissioner Iseminger, seconded by Swartz, to
approve the grant agreement with the State of Maryland for $1.8
million in Rural Legacy funds for Cycle 5. Unanimously
approved.
COUNTY COMMUTER – CAPITAL GRANT AGREEMENT
Motion made by Commissioner Schnebly, seconded by Iseminger to
approve the following three grant agreements for the County
Commuter: 1) A FY 2003 Section 5307 Capital Grant Agreement in
the amount of $65,165 from the Federal Transit Administration
and Maryland Transit Administration for the purchase of office
equipment, facility repairs, miscellaneous shop equipment, and
an engine rebuild. The County share would be $6,517. 2) FY
2003 Maryland Comprehensive Transit Plan (Capital Assistance
Grant) for $42,500 from the Maryland Transit Administration to
repair/rebuild vehicle engines/transmissions under the Capital
Maintenance Project. Washington County’s cost would be $4,250.
3) To approve the submittal of the grant application for FY 2004
to the Maryland Transit Administration for operating assistance
and capital improvements. Unanimously approved.
The Commissioners discussed the request to have the County
Commuter serve the Francis Murphy assisted-living apartments.
Mr. Cerrone agreed to try it for one month to determine if there
is adequate ridership.
BUDGET TRANSFER REQUEST
Motion made by Commissioner Schnebly, seconded by Swartz, to
approve a budget increase of $86,000 from a State FY 2003 grant
to the Planning & Community Development Department to pay for
the Civil War Heritage Area management plan. Unanimously
approved.
BUDGET TRANSFER – DOMESTIC PREPAREDNESS GRANT
Motion made by Commissioner Swartz, seconded by Iseminger, to
approve a grant in the amount of $159,211 from the Federal
Office of Justice Programs for Domestic Preparedness to be used
for equipment to improve the capability of emergency services.
Unanimously approved.
RE/APPOINTMENTS – FIRE & RESCUE COMMUNICATIONS ADVISORY BOARD
Motion made by Commissioner Iseminger, seconded by Schnebly, to
reappoint Chris Amos, Leonard Heller, Gail “Cookie” McDowell,
and William Shawley to the Fire & Rescue Communications Advisory
Board for three-year terms, contingent upon their acceptance of
the appointment, and to appoint Stoyan Russell, Jon Gift, Dane
Grove, and Terry Gearhart for three-year terms. Unanimously
approved.
VOLUNTEER FIRE COMPANY OF HALFWAY – RESOLUTION RELATING TO THE
PROPOSED ISSUANCE OF TAX-EXEMPT OBLIGATIONS
Motion made by Commissioner Wivell, seconded by Swartz, to grant
approval to the Volunteer Fire Company of Halfway Maryland, Inc.
to issue and sell one or more series of its obligations for the
purpose of refinancing the
NOVEMBER 12, 2002
PAGE FIVE
costs of the acquisition, construction, reconstruction, or
improvement of certain real property located at 11114 Lincoln
Avenue, Hagerstown, Maryland, pursuant to Sections 150(e) and
147(f) of the Internal Revenue Code of 1986, as amended.
Unanimously approved. (A copy of the approved Resolution is
attached.)
RECESS – HIGHWAY DEPARTMENT CHRISTMAS CELEBRATION
The Commissioners recessed at 11:10 a.m. in order to attend the
Highway Department’s Christmas celebration at the Eastern
Section Shop.
AFTERNOON SESSION
The afternoon session was called to order at 1:12 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 – COMPREHENSIVE STUDY OF TOTAL COMPENSATION
PROGRAM (WAGES & BENEFITS) AND BUDGET TRANSFER
Motion made by Commissioner Schnebly, seconded by Swartz, to
award the contract for a comprehensive study of the County’s
total compensation program (wages and benefits) to Springsted
Incorporated, which submitted the low responsive, responsible
total lump sum bid of $61,530. Motion carried with
Commissioners Schnebly, Swartz, Iseminger, and Snook voting
“AYE” and Commissioners Wivell voting “NO.”
BID AWARD – MOTOR AND INDUSTRIAL OILS
Motion made by Commissioner Swartz, seconded by Schnebly, to
award the contract for motor and industrial oils to A.C&T Co.,
Inc., which submitted the low responsive, responsible bid of
$38,508.13. Unanimously approved.
CONTRACTUAL SERVICES – FOOD SERVICES FOR WASHINGTON COUNTY
DETENTION CENTER
Sheriff Charles Mades met with the Commissioners to request that
the Purchasing Department be authorized to do a “request for
proposal” for food services at the Washington County Detention
Center. Sheriff Mades stated that of the four cooks at the
Detention Center, one has retired and another will be retiring
in December. He indicated that there also could be significant
cost savings if this service was contracted to an agency
providing food services.
After discussion, it was the consensus of the Board to have the
Purchasing Department advertise a request for proposals to
provide food preparation services at the Detention Center.
SALE OF REAL PROPERTY – WASHINGTON COUNTY BUSINESS PARK
Motion made by Commissioner Iseminger, seconded by Swartz, to
formally approve the agreement of sale with Richard E. McCleary
dated November 27, 2001, for $248,694.55 relating to the sale of
the following four parcels: 1) 1.2193 acres required for a
stormwater management pond along Western Maryland Parkway; 2)
Parcel B-1 containing 16.8625 acres situated along Western
Maryland Parkway; 3) Lot #3 containing 0.9545 acres as recorded
on Plat #2203; and 4) Lot #7 containing 2.7504 acres as shown on
recorded plat #3142. Motion carried with Commissioners
Iseminger, Swartz, Schnebly and Snook voting “AYE” and
Commissioner Wivell voting “NO.”
SALE OF REAL PROPERTY – ELK RIDGE DEVELOPMENT
Motion made by Commissioner Iseminger, seconded by Swartz, to
sell Lot #29 in the Elk Ridge Development to Dean Moore for
$12,500, contingent upon an agreement that Mr. Moore remove the
abandoned well house and two large in-ground water tanks and
close four wells on the said property at his own expense.
Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Swartz, seconded by Schnebly, to
convene in closed session at 2:03 p.m. to discuss personnel
matters, consult with counsel to obtain advice, consider a
proposal for a business or industrial organization to locate,
expand, or remain in the State, and consult with staff about
pending litigation, in accordance with Section
NOVEMBER 12, 2002
PAGE SIX
10-508 of the State Government Article of the Annotated Code of
Maryland. Unanimously approved.
(Commissioner Wivell and Commissioner-elect Munson excused
themselves from the meeting at 2:45 p.m.)
RECONVENE IN OPEN SESSION
Motion made by Commissioner Iseminger, seconded by Schnebly, to
reconvene in open session at 3:02 p.m. Unanimously approved.
In closed session, the Commissioners discussed two (2) personnel
matters, consulted with counsel to obtain legal advice on one
(1) matter, considered a proposal for a business or industrial
organization to locate, expand, or remain in the State, 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; and Commissioners-elect James F. Kercheval, John C.
Munson, and Doris J. Nipps.
APPOINTMENT – PUBLIC GOLF CORPORATION BOARD OF DIRECTORS
Motion made by Commissioner Schnebly, seconded by Iseminger, to
appoint Leo Burke and Michael Twigg to the Public Golf
Corporation Board of Directors for three-year terms.
Unanimously approved.
ADJOURNMENT
Motion made by Commissioner Swartz, seconded by Iseminger, to
adjourn at 3:02 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,
County Clerk