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December 17, 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 William J. Wivell and Commissioners 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 – DECEMBER 10, 2002
Motion made by Commissioner Wivell, seconded by Munson, to
approve the minutes of December 10, 2002, as amended.
Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Munson informed the Commissioners that he visited
the Railroad Museum’s Christmas exhibit. He also stated that he
attended a meeting with Delegate Chris Shank and representatives
of the Citizens for the Protection of Washington County, the
Agricultural Land Preservation Advisory Board, and the Farm
Bureau regarding agricultural land preservation.
Commissioner Nipps stated that she received a letter from the
Pangborn Elementary School CAC inviting the Commissioners to
tour the school. Commissioner Snook stated that the joint
meeting with the Board of Education on January 7 would be held
at Pangborn Elementary. Commissioner Nipps also reported that
the Recreation & Parks Board and Airport Advisory Commission
will each hold meetings on January 19.
Commissioner Kercheval reported on the meetings of the Mental
Health Advisory Committee and the Public Golf Corporation Board.
He asked that the web site information for Permits & Inspections
be updated. Rodney Shoop, County Administrator, informed him
that the departments would soon have the ability to update their
own sites. Commissioner Kercheval also reported that the
Economic Development Commission (EDC) expressed concerns that
the fiber optic line in I-70 has not been tested.
Commissioner Wivell also reported on the EDC meeting. The
Commissioners discussed whether to appoint a task force to
consider privatization of the Economic Development Department.
They also considered the possibility of restructuring the hotel
rental tax legislation to provide a dedicated percentage to fund
economic development. They agreed that it should be made clear
that the recommendation of the task force is not to be perceived
as final. Commissioner Wivell asked that County staff review
the agenda of the City’s annexation committee in order to have
someone present at their weekly meeting if necessary. He also
provided an update on the Water & Sewer Advisory Commission
meeting. John Martirano, Assistant County Attorney, gave an
update on the status of the “Right to Farm” Ordinance.
Commissioner Snook reported on the pre-legislative forum
sponsored by the Chamber of Commerce. He informed the
Commissioners that the State of the County presentation is
scheduled for February 5.
REPORTS FROM COUNTY STAFF
Debra Bastian, Director of Finance, stated that she is working
on the interim budget report. She indicated that Capital
Improvement Program (CIP) requests are due on Friday. Ms.
Bastian informed the Commissioners that she met with the Airport
consultant regarding the runway extension project.
DECEMBER 17, 2002
PAGE TWO
Joe Kroboth, Director of Emergency Services, informed the
Commissioners that the call volume at the 911 Center was
significantly higher last week due to the ice storm.
Gary Rohrer, Director of Public Works, informed the
Commissioners that he had a luncheon meeting with Delegate Shank
last week. He stated that he and Pete Loewenheim,
Communications Maintenance Director met with communications
vendors last week regarding system upgrades. Mr. Rohrer
indicated that he met with Judge Wright on architectural
upgrades to the Court House. He stated that an inspection was
held on the Sheriff’s new patrol facility that is nearing
completion. He also reported on the State’s plans for the Lambs
Knoll tower.
Ted Wolford, Director of the Highway Department, provided a
briefing on snow and ice removal operations. He reviewed the
tracking system used and stated that the total cost to the snow
removal budget was $66,000.
The Commissioners thanked Mr. Wolford for the update.
INTRODUCTION OF NEW EMPLOYEES
Dee Hawbaker, Assistant Director of Human Resources, introduced
new County employees Daniel DiVito (Gaming Director) and Corinne
Baliga (Cook, Detention Center). The Commissioners welcomed the
new employees and wished them well in their positions.
CERTIFICATE OF MERIT – GARY AUSTIN
The Commissioners recognized Gary Austin, Combination Inspector
for the Department of Permits & Inspections, who will graduate
Magna Cum Laude from Frostburg State University with a Bachelor
of Science degree on December 21, 2002. Mr. Austin also was the
winner of the Career Connections Award of Excellence for both
his majors at FSU and was named the winner of the Dynamark-
Freeman Charitable Trust Award.
Commissioner Wivell presented Gary Austin a certificate of merit
in recognition of having received his Bachelor of Science degree
in Liberal Studies with a concentration in Public Administration
and commended him for his dedication and perseverance. Mr.
Austin thanked the Commissioners for the certificate.
CERTIFICATE OF MERIT – STEVEN G. DAVIS
Commissioner Snook presented a Certificate of Merit to Steven G.
Davis in recognition of his 33 years of faithful and dedicated
service with the State Highway Administration. The
Commissioners commended him for his excellent work on behalf of
the citizens. They also extended their best wishes to him on
his retirement.
CERTIFICATE OF MERIT – ROGER FINN
Commissioner Kercheval presented a Certificate of Merit to J.
Roger Finn in recognition of his five years of service on the
Board of Directors of the Public Golf Corporation with the past
two years as Chairman. The Commissioners stated that through
his leadership, the golf course continues to be an asset to
Washington County.
REPORTS FROM COUNTY STAFF – CONTINUED
Robert Arch, Director of Planning and Community Development,
stated that the rescheduled Recreation & Parks meeting would be
held on December 19. He also reminded them that the
Metropolitan Planning Organization meeting would be held on
December 18.
AIR QUALITY – EARLY ACTION COMPACT
Mr. Arch informed the Commissioners that there is a window of
opportunity to submit an early action program with regard to new
Federal legislation on air quality to show that the County is
voluntarily taking measures to improve air quality. He stated
that he would have representatives from EPA make a more formal
presentation in the future. Mr. Arch said that it would lessen
the administrative burden on the County if the action plan is
accepted. He also indicated that it could be withdrawn at any
time.
Motion made by Commissioner Nipps, seconded by Munson, to
authorize the County Planning staff to work with the Maryland
Department of the
DECEMBER 17, 2002
PAGE THREE
Environment to submit the initial document for an Early Action
Program for air quality to the Environmental Protection
Administration. Unanimously approved.
LEGISLATIVE AGENDA FOR 2003 LEGISLATIVE SESSION
The Commissioners continued discussions on the requests to
present to the Washington County Delegation to the General
Assembly for their consideration in the 2003 legislative
session. John Martirano, Assistant County Attorney, briefly
reviewed the following items which had been discussed at the
December 10 meeting: elimination of requirement for advertising
of intent to lease, prohibition of massage parlors without state
certification, prohibition of soliciting at intersections, home
detention for pretrial detainees, criminal background checks,
impact fee statute, animal control enabling law, building excise
tax, and county transfer tax, as well as the waiver of the fee
charged by the Clerk of Court for collecting such a county
transfer tax. The Commissioners discussed each item and made
amendments. They could not reach a consensus on making a
request to the Delegation for the enabling legislation that
would generate additional revenues and asked the staff to
provide additional information. They also agreed to explain to
the Delegation that these items are under consideration and may
be submitted at a later date.
Discussion on the legislative agenda was discontinued at this
time in order to hold citizens participation.
CITIZENS PARTICIPATION
Denise Troxell expressed the concerns of the Citizens for the
Protection of Washington County, the Farm Bureau, and the
Agricultural Land Preservation Advisory Board about preservation
of agricultural land. She also recommended that the
Commissioners ask for enabling legislation for all of the items
they were considering that would generate revenue for the
County.
Jim Laird stated that he feels the excise tax is most reasonable
request due to the complications of the impact fee legislation.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners
that the County received the United Way Spirit Award. He
recognized Tina Rupert, chair of the United Way campaign, for
her efforts in increasing contributions by 60% this year. Ms.
Rupert stated that it was the generosity of County employees
that accounted for the increase.
LEGISLATIVE AGENDA – CONTINUED
The Commissioners continued discussions on the 2003 legislative
package. They discussed whether to request changes to the
Animal Control Enabling Law. Maria Procopio, Executive Director
of the Humane Society, provided information on the role and
training of Animal Control Officers and cited examples of cases
they have had that could have merited criminal charges. The
Commissioners agreed to see if the Delegation is willing to
revisit the State law to tighten its provisions before looking
at the local ordinance. Mr. Martirano stated that the second
request is for a change in the enabling legislation to more
accurately reflect the duties of the Animal Control Authority
as well as the animal control operations in Washington County.
This change would not have any effect on the way the Animcal
Control Authority is currently operating.
The Board indicated that they also wish to discuss unfunded
State mandates, funding for the University System of Maryland,
farming requirements, revitalization areas and the possibility
of State funding for the proposed central booking facility.
RECESS – LUNCH AND CHRISTMAS CAROLING
The Commissioners recessed at 11:56 a.m. for lunch and to join
County employees in singing Christmas carols in front of the
County Administration Building.
DECEMBER 17, 2002
PAGE FOUR
AFTERNOON SESSION
The afternoon session was called to order at 1:17 p.m. by
President Gregory I. Snook, with the following members present:
Vice President William J. Wivell and Commissioners James
Kercheval, John Munson, and Doris Nipps.
COMPENSATION AND CLASSIFICATION STUDY UPDATE
Alan Davis, Director of Human Resources, met with the Board
regarding the status of the compensation and classification
study. He introduced Roger Scott, Senior Vice-President of
Springsted, Inc., whose firm was contracted to perform the
study. Mr. Davis stated that Mr. Scott has met individually
with every department head, has received position analysis
questionnaires from all employees, and has scheduled several
employee meetings. Mr. Scott provided information on the
background of his company. The meeting was then opened for
questions from the Commissioners.
AUTHORIZING RESOLUTION – PUBLIC IMPROVEMENT BONDS OF 2003
Timmy Ruppersberger, Bond Counsel, appeared before the
Commissioners to review a resolution to issue and sell
$7,450,000 in Public Improvement Bonds of 2003. Debra Bastian,
Director of Budget and Finance, reviewed the changes made in the
bond package and reviewed the projects for which the bond funds
would be used.
Motion made by Commissioner Wivell, seconded by Nipps, to
approve the resolution authorizing and empowering the County
Commissioners of Washington County to issue and sell at public
sale, upon its full faith and credit, its General Obligation
Serial Maturity Bonds in the aggregate principal amount of
$7,450,000 to be known as “Washington County, Maryland, Public
Improvement Bonds of 2003,” pursuant to the provisions of
Chapter 110 of the Laws of Maryland of 1999, as amended, for the
public purpose of financing the cost of general public
improvements in Washington County. Unanimously approved. (A
copy of the approved Resolution is attached.)
Motion made by Commissioner Kercheval, seconded by Nipps, to
authorize staff to proceed to file an application for Maryland
Water Quality Bonds in the amount of $1,113,000 for close-out of
the Resh landfill. Unanimously approved.
REQUEST FOR APPLICATION TO MARYLAND EMERGENCY NUMBERS BOARD
Joe Kroboth, Director of Emergency Services, requested
authorization from the Board to submit an application to the
Maryland Emergency Numbers Board for enhanced 911 telephone
equipment and digital recorders. Mr. Kroboth explained that the
Emergency Numbers Board funds major equipment purchases for the
Primary Safety Answering Point in each political jurisdiction.
The funding for this is obtained from 911 service fees charged
on all telephone bills in the State of Maryland. Mr. Kroboth
reviewed several federally-mandated enhancements to the system
and the schedule for implementation of these requirements. He
indicated that the estimated cost of the project is
approximately $1,000,000. Mr. Kroboth stated that the local
share of the funding is limited to minor installation costs that
could be budgeted in next fiscal year’s budget. He estimated
that these costs would be $2,000-$3,000. Mr. Kroboth then
responded to questions from the Commissioners.
Motion made by Commissioner Munson, seconded by Wivell, to
authorize the submission of an application to the Maryland
Emergency Numbers Board for grant funding of the enhanced 911
telephone equipment and digital recorders mandated by the
federal government. Unanimously approved.
ACCEPTANCE OF DEDICATED RIGHT-OF-WAY – DELLINGER ROAD
Motion made by Commissioner Munson, seconded by Nipps, to accept
the dedication of right-of-way from the following individuals at
the west end of Dellinger Road to allow the developer to widen
the road bed by 18 inches and to extend the supporting slopes
and banks to the road bed up to an additional four feet as
required by the County’s Adequate Public Facilities Ordinance:
Parcel 47 – Larry Allen, Parcel 1 (Lot 1) – Colin and Debra
Kelley, Parcel 3 (Lot 2) – Todd and Lori Gardenhour, Parcel 3
DECEMBER 17, 2002
PAGE FIVE
(Lot 3) – Dean and Martha Lowry, Parcel 3 (Lot 4) – Marvin and
Judy Gower, Parcel 5 – Louis and Margaret Perini, Parcel 48 –
Louis and Margaret Ann Perini, Parcel 56, Louis and Margaret Ann
Perini, Parcel 64 – Louis and Margaret Perini, and Parcel 72 -
Shirley Sears. Unanimously approved.
MAUGANS AVENUE PHASE I – SURPLUS PROPERTY
Gary Rohrer, Director of Public Works, informed the Board that
the residential properties recently purchased at 13526
Pennsylvania Avenue and 18620 Maugans Avenue have been inspected
for compliance with the County’s Livability Code. The staff is
recommending making the repairs and improvements required to
satisfy the Code and rent these properties until such time as
the final design of the Maugans Avenue property is accepted and
all easements and/or properties have been purchased. He
estimated that the cost of the repairs would be $4,000.
Motion made by Commissioner Wivell, seconded by Kercheval, to
authorize the staff to make necessary repairs to the properties
at 13526 Pennsylvania Avenue and 18620 Maugans Avenue and
proceed to rent them until such time as the Maugans Avenue Road
improvement project is ready to proceed.
BID AWARD – ONE TANDEM AXEL, CAB & CHASSIS – SOLID WASTE
DEPARTMENT
Motion made by Commissioner Nipps, seconded by Munson, to award
the contract for one (1) tandem axle, cab and chassis with 3500
gallon water system for dust control for the Solid Waste
Department to Grimes Truck Center, which submitted the low
responsive, responsible total bid of $97,916. Motion carried
with Commissioners Nipps, Munson, Kercheval and Snook voting
““AYE” and Commissioners Munson voting “NO.”
BID AWARD – POOL AND WATER/WASTE WATER TREATMENT CHEMICALS
Motion made by Commissioner Kercheval, seconded by Nipps, to
“piggyback” on the Anne Arundel County contract and award the
contract for pool and water/wastewater treatment chemicals to
the lowest responsive, responsible bidders as follows: Item #20
(Ground Aluminum Sulfate) – Delta Chemical Co. - $246.00/ton and
Item #43 (sodium hypochlorite bulk) – Univar USA, Inc. -
$.48/gallon. Unanimously approved.
CONTRACT AWARD – PEER EDUCATION PROGRAM IN HOTSPOT DESIGNATED
AREA
Motion made by Commissioner Nipps, seconded by Kercheval, to
award the contract for the peer education program in the HotSpot
designated area of Hagerstown to the Boys & Girls Club of
Washington County in the amount of $150,000 for a two-year
contract with funding to be provided from the Maryland
Governor’s Office of Crime Control & Prevention. Motion carried
with Commissioners Nipps, Kercheval, Munson and Snook voting
“AYE” and Commissioner Wivell voting “NO.”
YOUTH OF THE MONTH AWARD
Commissioner Nipps presented a Certificate of Merit to Jesse
Latta in recognition of his selection as the November 2002 Youth
of the Month by the Washington County Community Partnership for
Children & Families (WCCP). The Commissioners commended Jesse
for his leadership, academic and extra-curricular activities.
Commissioner Snook stated that Jesse would also receive a $50
savings bond from the WCCP.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Kercheval, seconded by Wivell, to
convene in closed session at 3:12 p.m. to discuss personnel
issues, consult with counsel to obtain legal advice, consult
with staff to discuss pending and potential litigation, and
consider a matter that concerns a proposal for a business or
industrial organization to locate, expand, or remain in the
State, 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 Kercheval, seconded by Munson, to
reconvene in open session at 5:17 p.m. Unanimously approved.
DECEMBER 17, 2002
PAGE SIX
In closed session, the Commissioners discussed one (1) personnel
issue, consulted with counsel to obtain legal advice on three
(3) matters, consulted with staff to discuss pending and
potential litigation, and considered a matter that concerns a
proposal for a business or industrial organization to locate,
expand, or remain in the State. Present during closed session
were Commissioners Gregory I. Snook, William J. Wivell, James F.
Kercheval, John C. Munson, and Doris J. Nipps. Also present at
various times were Rodney Shoop, County Administrator; Richard
Douglas, County Attorney; John Martirano, Assistant County
Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of
Public Works; Greg Murray, Director of the Water & Sewer
Department; Debbie Turpin, Executive Director of the
Homebuilders Association (HBA); HBA members Dennis Swope and
Paul Crampton; Joseph Kroboth, Emergency Services Director;
Timothy Troxell, Director of the Economic Development Commission
(EDC); Cassandra Latimer, EDC Marketing Specialist; and Douglas
Wright and Gerald Hoak, EDC Board members.
ADJOURNMENT
Motion made by Commissioner Nipps, seconded by Wivell, to
adjourn at 5:17 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,
County Clerk