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January 21, 2003
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 10:00 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 – JANUARY 13 & 14, 2003
Motion made by Commissioner Wivell, seconded by Nipps, to
approve the minutes of January 13 and 14, 2003, as amended.
Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Kercheval reported on the meeting of Public Golf
Corporation. He informed the Commissioners that he reviewed the
Maryland Lottery website and found that Washington County
contributed $21 million in lottery sales last year, which
generated $7 million for State projects. Commissioner Kercheval
asked the staff to research the matter to determine if County
projects receive revenues from the State for a portion of the
proceeds from lottery sales.
Commissioner Wivell reported on the meeting with animal rescue
groups and stated that he would place the questions raised at
that meeting in a format to be put on the website. He asked the
County Administrator to attempt to resolve the concerns that
were discussed with the spay/neuter program. Commissioner
Wivell stated that he participated in the ceremony to install
the new Commission on Aging members. He informed the
Commissioners that he followed up on several items that he
discussed with County Commissioners from other counties at the
Maryland Association of Counties Winter Conference, including a
subdivision model and a list of interview questions for Planning
Commission candidates. Commissioner Wivell stated that the Water
& Sewer Advisory Commission has agreed to reduce its membership
from seven to five. He asked the Commissioners if they would
consider meeting with members of the Volunteer Fire & Rescue
Association to discuss rescinding or amending the resolution
that designated the Director of Emergency Services as the
“authority having jurisdiction” for the provision of fire,
rescue, and ambulance services in Washington County. The
Commissioners agreed to include this item on next week’s agenda.
Commissioner Munson reported on the meeting of the Board of
Directors of the Agricultural Education Center.
Commissioner Nipps reported on the meetings of the Airport
Advisory Commission and the Local Management Board.
Commissioner Snook stated that he was copied on a letter from
the Gaming Commission to the Delegation asking for an amendment
to the Gaming law to change the cap on distributions since the
distribution schedule was changed. He reported on the
Transportation Advisory Committee meeting. He also distributed
information he received from the Board of Education on the bus
replacement schedule. Commissioner Snook indicated that the
Airport Manager was compiling information on T-hangar rentals to
address the concerns raised by Mr. Alphin last week. He
informed the Commissioners that Allegheny Energy announced the
sale of 55 acres of land in the Friendship Technology Park to
Intelsat. Intelsat has started construction of a state of the
art satellite facility. Commissioner Snook thanked Tim Troxell,
Executive Director of the Economic Development Commission (EDC)
and the EDC members for an outstanding job. He reminded the
Commissioners that the meeting with the local Delegation to the
General Assembly is scheduled for tomorrow in Annapolis.
CITIZENS PARTICIPATION
Jim Lemmon, representing the Cascade Committee, and Robin Biser,
Recreation Committee Director, appeared before the Commissioners
regarding the need for a gymnasium in the Cascade area. He
stated that they are in dire need of space for youth programs.
He asked for a status
JANUARY 21, 2003
PAGE TWO
report on the gymnasium at Fort Ritchie and asked that it be
opened to residents of the area. Commissioner Wivell stated
that the PenMar Development Corporation (PMDC) has concerns
about the exterior work that is needed on the gymnasium. He
stated that the main focus of the PMDC is to bring jobs to the
area. Commissioner Wivell indicated that one option would be
for a non-profit agency to purchase or lease the facility at a
low rate and then manage and operate it. He stated that
operation and maintenance of the facility is not in the County’s
budget. He asked the Cascade Committee to work with the other
groups in the area and submit a business plan for the facility
that addresses operation and maintenance concerns.
APPROVAL OF AGREEMENT – MARYLAND DEPARTMENT OF HOUSING &
COMMUNITY DEVELOPMENT
Motion made by Commissioner Wivell, seconded by Nipps, to
approve the agreement with the Maryland Department of Housing &
Community Development to act as the Local Administrator for HOME
Program Funds for the Special Targeted Applicant Rehabilitation
(STAR) loan program. Unanimously approved.
APPOINTMENTHISTORIC DISTRICT COMMISSION
–
Motion made by Commissioner Nipps, seconded by Wivell, to waive
the policy on serving two consecutive terms on a Board or
Commission, and reappoint Jane Hershey to the Historic District
Commission for a three-year term. Unanimously approved.
RE/APPOINTMENTS – DISABILITIES ADVISORY COMMITTEE
Motion made by Commissioner Wivell, seconded by Kercheval, to
reappoint Bill Beard, Ed Branthaver, Sharon Landis, Gary Swartz,
and Sondra Funk to the Disabilities Advisory Committee for
three-year terms and to appoint Paul Swartz to his first three-
year term. Unanimously approved.
TEACHER EXTERNSHIP PROGRAM
The Commissioners discussed the request made at last week’s
meeting for them to provide $15,000 to partially fund the
Teacher Externship Program. It was the consensus of the
Commissioners to fund $8,000 and to challenge them to raise the
additional funding requested.
Motion made by Commissioner Wivell, seconded by Nipps, to
provide $8,000 toward the costs of the Teacher Externship
Program from the Commissioners’ Contingency fund. Unanimously
approved
REPORTS FROM COUNTY STAFF
Gary Rohrer, Director of Public Works, informed the
Commissioners that the landfill is providing free Christmas tree
recycling. He stated that a public information meeting would be
scheduled on the Maugans Avenue Project at Maugansville
Elementary School in February.
Robert Arch, Director of Planning & Community Development,
informed the Board that the Recreation Commission met with
residents of the Cascade area regarding the provision of
programs at the Fort Ritchie gymnasium if it would become
available. He stated that the Agricultural Education Center
Board is attempting to raise matching funds for construction of
a second museum building.
TRANSFERABLE DEVELOPMENT RIGHTS
Eric Seifarth, Land Preservation Planner, met with the
Commissioners to discuss Transferable Development Rights (TDRs).
Mr. Seifarth informed the Commissioners that the Agricultural
Land Preservation Advisory Board has discussed using TDRs in the
County.
Mr. Seifarth explained that TDRs are a mechanism used to assist
with the preservation of agricultural land to return equity to
landowners when a “downzoning” has occurred. He provided
information on programs that are in use and the reasons why a
program has not been implemented in the past. Mr. Seifarth
provided an overview of the agricultural land preservation
program and how TDRs would fit in. He stated that “send” and
“receive” areas would have to be established. The developer
would purchase the rights from a “send” area to allow him to
“receive” more
JANUARY 21, 2003
PAGE THREE
density for a project to be built in a more appropriate area for
development. Robert Arch, Director of Planning & Community
Development, explained that the developer would have to have a
market willing to build at a higher density and the neighbors in
the area of the development have to be willing to accept the
additional density. He stated that they might have the ability
to create a TDR program in rural areas that could work. The
meeting was then opened for questions and discussion.
David Herbst, Chairman of the Agricultural Land Preservation
Advisory Board, and Gerald Ditto, member of the Board, were also
in attendance to help explain the use of TDRs. Commissioner
Snook asked the Board to develop a proposal and make a
recommendation to them for their consideration. He also asked
Mr. Arch to arrange a joint meeting between the Agricultural
Land Preservation Advisory Board and the Planning Commission.
RECESS – LUNCH
The Commissioners recessed at 11:51 a.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:04 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.
FINALIZATION OF LEGISLATIVE INITIATIVES FOR THE 2003 SESSION
The Commissioners reviewed the 2003 legislative initiatives in
order to finalize their request to the local delegation to the
General Assembly at their meeting tomorrow in Annapolis. Richard
Douglas, County Attorney, provided an update on the proposals.
The Commissioners discussed each item and asked Mr. Douglas to
prepare the information for discussion with the Delegation.
PROPOSED VISION STATEMENT, MISSION STATEMENT, AND DISCUSSION OF
FOUR-YEAR INITIATIVES
Rodney Shoop, County Administrator, reviewed the amended vision
statement as follows: “The Vision of Washington County
government is to become the regional leader in providing and
coordinating efficient and effective public services in an open
and cooperative manner.” They also reviewed the mission
statement. Mr. Shoop stated that he hopes to have the four-year
initiatives and goals adopted next week so they can be used in
the State of the County presentation on February 5.
The Commissioners discussed items to include in the four-year
initiatives. Commissioner Wivell presented his recommendations.
Debra Bastian, Director of Budget and Finance, informed the
Commissioners that she was recently notified of reductions in
the Highway Fund budget for fiscal years 2003 and 2004 and
reductions in the disparity grant funding.
Mr. Shoop stated that he would take the information, classify it
into four-year initiatives or goals for 2003, and present it to
them for discussion next week in that format.
YOUTH OF THE MONTH AWARDS – DECEMBER 2002
Commissioner Nipps presented a Certificate of Merit to Danielle
Hose in recognition of her selection as the December 2002 Youth
of the Month by the Washington County Community Partnership for
Children & Families (WCCP). The Commissioners commended Danielle
for her leadership, academicand extra-curricular activities.
Commissioner Nipps stated that Danielle would also receive a $50
savings bond from the WCCP.
REQUEST TO EXPEND REINVESTMENT/INCENTIVE FUNDS – WASHINGTON
COUNTY COMMUNITY PARTNERSHIP FOR CHILDREN & FAMILIES
Stephanie Stone, Director of the WCCP, asked for support to
expend $506,732 of the earned reinvestment/incentive funds as
follows: Child Advocacy Program – to provide a full-time police
officer assigned to the Program - $135,000; Autism Waiver
Matching Funds - $100,000; Mental Health Services Flex Funds -
$100,000; and Local Management Board Flex Funds - $171,732. She
stated that Special Secretary Bonnie Kirkland has approved the
expenditures. The Commissioners asked Ms. Stone to ask for
JANUARY 21, 2003
PAGE FOUR
a more complete breakdown of the costs to hire a police officer
to be assigned to the Child Advocacy Center.
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the request of the Washington County Community
Partnership for Children & Youth, to expend $506,732 of the
earned reinvestment/incentive funds as presented. Unanimously
approved.
HOTSPOT NEIGHBORHOOD OPPORTUNITY FUNDS
Gina Hartley, Project Manager for the Washington County
Community Partnership for Children & Families (WCCP), requested
approval for the award of the HotSpot Neighborhood Opportunity
Funds. She informed them that the Maryland subcabinet for
Children, Youth & Families provides $25,000 per year for use in
the HotSpots area in amounts not to exceed $5,000. Ms. Hartley
reviewed each of the programs.
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the award of the HotSpot Neighborhood Opportunity Funds
as follows: Each One Teach One for “African American Heritage
in Hagerstown” - $4,500; Camp Challenge Ministries - $5,000 for
the “Camp Challenge Summer Camp”; Girls Inc. – $2,631 for
“Creation Not Destruction”; Hagerstown Leo Club - $3,869 for
“Community Forum”; North High PTSA - $5,000 for “Motivating &
Enriching Our Youth”; and REALITY USA - $4,000 for “Reality
Parent Program.” Unanimously approved.
AWARD OF COMMUNITY MOBILIZATION FUNDS
Paula Fisher, Project Manager for the Community Partnership for
Children and Families, informed the Commissioners that they
recently reviewed concept applications from the community for an
award of $8,000 in Community Mobilization Funds that is
available for projects outside the designated HotSpot area. All
of the programs must involve the community in combating three
major issues: teen pregnancy, family violence, and substance
abuse. Ms. Fisher requested the award to the following
programs: Boys & Girls Club - $5,000 for “Cascade Outreach”;
Girls Inc - $2,000 for “No Horsing Around”; and Parent-Child
Center - $1,000 for the “Teen Voices/Teen Choices Program.”
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the award of $8,000 in Community Mobilization Funds as
recommended by the Washington County Community Partnership for
Children and Families to the areas outside the HotSpot
community, for projects to create an awareness of, or reduce,
teen pregnancy, family violence and/or substance abuse.
Unanimously approved.
DISCUSSION OF FUNDING TO PURCHASE A SOUND SYSTEM
The Commissioners asked Gary Rohrer, Director of Public Works,
for an estimate of the cost to update the sound system in
Commissioners’ meeting room. Mr. Rohrer estimated that it would
cost $16,000. The Commissioners asked that he come back with a
detailed proposal and possible alternatives.
Commissioner Snook also asked about the cost of expanding the
second floor conference room.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wivell, seconded by Kercheval, to
convene in closed session at 3:49 p.m. to discuss personnel
matters, consult with counsel to obtain legal advice, and
consult with staff to discuss pending and 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 Kercheval, to
reconvene in open session at 4:11 p.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 to discuss pending and
potential litigation.
JANUARY 21, 2003
PAGE FIVE
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; and Gary Rohrer, Director of Public Works.
TAX SET-OFF MEETING – TOWN OF SMITHSBURG
The evening session was convened at 7:00 p.m. at the Smithsburg
Town Hall by President Gregory I. Snook with the following
members present: William J. Wivell, Vice President, and
Commissioners James F. Kercheval, John C. Munson and Doris J.
Nipps.
TAX SET-OFF
Commissioner Snook stated that, pursuant to Section 6-306 of the
Tax-Property Article of the Annotated Code of Maryland, the
Commissioners are required to meet with each municipality
annually to discuss the tax setoff or payment-in-lieu-of-
services program. Commissioner Snook stated that, for fiscal
year 2003, Smithsburg would receive $52,591.
The Commissioners then discussed items of interest to the Town
officials.
Mayor Mildred “Mickey” Myers provided an update on fundraising
efforts for the new branch library in Smithsburg. Judith Ferro,
Chair of the Smithsburg Library Board, informed the
Commissioners that they have raised almost $650,000 to date for
the library. She also informed them of upcoming fundraisers for
the Library. Ms. Ferro stated that she would be meeting with
Gary Rohrer, Director of Public Works, in the near future to
discuss the project. She indicated that a decision needs to be
made whether the County or the Town would own the building.
The Commissioners discussed the bidding process and how the in-
kind or donated services are to be included in the process.
Mayor Myers informed the Commissioners that Veterans’ Park would
be opening in the spring. She also introduced new council
member, Shirley Aurand.
Commissioner Kercheval briefly reviewed the distinction between
tax rebate and tax differential and asked the Town if they have
a preference in the method used. Mayor Myers stated that she
feels they would probably favor the tax rebate method currently
being used.
ADJOURNMENT
Motion made by Commissioner Nipps, seconded by Munson, to
adjourn at 7:45 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,County
Clerk
January 22, 2003
Hagerstown, Maryland
The Commissioners met in Annapolis with the local Delegation to
the General Assembly to discuss the proposed 2003 legislative
agenda.
January 23, 2003
Hagerstown, Maryland
Commissioners Kercheval and Nipps met at Hagerstown Community
College from 8:30 a.m. to 12:30 p.m. to discuss the operations
of the College and to tour the facility.