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May 20, 2003
Hagerstown, Maryland
The Commissioners attended an appreciation and recognition
breakfast for the Highway Department employees at 7:00 a.m.
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 County Administrator Rodney
Shoop, followed by the Pledge of Allegiance to the Flag by the
full assemblage.
INTRODUCTION OF NEW EMPLOYEES
Dee Hawbaker, Assistant Director of Human Resources, introduced
new County employees Tammy Hammond (Accounts Receivable
Supervisor – Budget & Finance) and Janet Grimm (Office Associate
III – State’s Attorney). The Commissioners welcomed the new
employees and wished them well in their positions.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Kercheval stated that he attended a Rotary Club
event at Fort Ritchie and an open house for the new Mental
Health Center.
Commissioner Wivell informed the Commissioners that he attended
the May meeting of the Municipal League. He stated that he
received several complaints from citizens about standing water.
Gary Rohrer, Director of Public Works, agreed to check into
these concerns.
Commissioner Nipps reported on the meetings of the Airport
Advisory Commission and the Commission for Women. She stated
that she attended the Smithsburg High School Success Through
Academic Recognition (STARS) awards program, the Emergency
Medical Services awards dinner sponsored by the Washington
County Hospital, and a dance recital sponsored by the Recreation
Department. Commissioner Nipps expressed concern about the wait
for building permits. After discussion, the Commissioners
directed Rodney Shoop, County Administrator, to develop a plan
outlining ways to resolve the situation for presentation to them
in June.
Commissioner Snook informed the Commissioners that he met with
David Rider to tour the improvements he has made at the Airport.
He stated that Mr. Rider is requesting that the County abate
permit fees of $1,670 for the new facility he is leasing, which
would return to County ownership following expiration of his 20-
year lease. After discussion, it was the consensus of the
Commissioners to deny the request. Commissioner Snook also
reported on his luncheon meeting with Mayor Breichner. He
stated that he attended the grand re-opening of Hagerstown
Kitchens and spoke at the Hagerstown Community College
commencement ceremony. Commissioner Snook provided information
on housing costs in the County. He also informed the
Commissioners that Washington County was recently ranked as a
five-star community by Expansion Management Magazine.
REPORTS FROM COUNTY STAFF
Gary Rohrer, Director of Public Works, reported that 36 roads
were closed last week due to recent storm damage and flooding.
He stated that a change order would be needed for the
Broadfording Road stone arch bridge. Mr. Rohrer also reported
on bulk trash week participation.
Robert Arch, Director of Planning & Community Development,
informed the Commissioners of the Metropolitan Planning
Organization meeting on May 22. He stated that his staff might
apply for Community Development Block Grant funding for a study
of existing and anticipated types of housing stock.
INTER-GOVERNMENTAL AGREEMENT BETWEEN THE MARYLAND DEPARTMENT OF
HUMAN RESOURCES, THE WASHINGTON COUNTY DEPARTMENT OF SOCIAL
SERVICES, AND THE BOARD OF COUNTY COMMISSIONERS FOR SUBSCRIPTION
EMPLOYMENT TRANSPORTATION
MAY 20, 2003
PAGE TWO
Motion made by Commissioner Wivell, seconded by Nipps, to
approve the intergovernmental grant agreement between the
Maryland Department of Human Resources, the Washington County
Department of Social Services and the County to provide for
continued transportation services under the
Subscription Employment Transportation Program (JOBS Program)
for fiscal year 2003. Unanimously approved.
EARTH DAY POSTER CONTEST
Betty Meyers, Chair of the Washington County Soil Conservation
District Board, and Joni Kline, District Secretary, appeared
before the Commissioners to present prizes to the Earth Day
Poster Contest winners. Ms. Meyers stated that each first place
winner will receive a $150 savings bond and each second place
winner will receive a $100 savings bond. She informed the
Commissioners that the theme for this year’s contest was “Food
for the Future.” Ms. Meyers then introduced the first and
second place winners in each category who presented their art
st
work: K-1 Grade - 1st place – Caitlin Cremins, 2nd place –
Jonathan Green; 2nd-3rd Grade - 1st place – Ashley Viar, 2nd
place – Sydney Breidenstein; 4th-6th Grade - 1st place – Lauren
Martin, 2nd place – Anna Wade; 7th-9th Grade - 1st place –
Ashley Taylor, 2nd place – Zach Golden; 10th-12th Grade - 1st
place – Heidi Melin, 2nd place – Corey Broadwater. The
Commissioners thanked the Soil Conservation District for its
efforts, congratulated the winners, and wished them good luck in
the State competition.
INTRODUCTION OF MISS WASHINGTON COUNTY 2003 AND MISS WESTERN
MARYLAND 2003
Tom Riford, a member of the Board of Directors of the Miss
Washington County/Miss Western Maryland Scholarship Program, met
with the Commissioners to introduce the two winning contestants
who will represent the citizens of Washington County at the Miss
Maryland Scholarship Pageant in June. Commissioner Wivell
presented a Certificate of Merit to Stacy Miller, Miss
Washington County, and Commissioner Kercheval presented a
Certificate of Merit to Danielle McGarvey, Miss Western Maryland
congratulating them on their achievements. Miss McGarvey and
Miss Miller provided information on their platforms and their
preparations for the upcoming Miss Maryland Scholarship Pageant.
ADOPTION OF PROPOSED FY 2004 BUDGET
The Commissioners discussed the Fiscal Year 2004 budget and the
testimony given at the public hearing on May 6, 2003. They
reviewed draft #6 of the General Fund summary, which included
changes made at last week’s meeting for funding for an
additional bus for the Board of Education. The Board then
reviewed Commissioner Wivell’s proposed budget adjustments.
After discussion, it was the consensus to reduce funding for the
vacant Human Resources Director position by $16,740, reduce the
Commissioners Contingency fund by $38,000, reduce funding for
office furniture from the Legal Department budget, and reinstate
$1,500 to fully fund the rent request for the Family Center.
The Commissioners also discussed the implementation of the
salary study and the proposed 2% salary increase for employees.
After discussion, it was the consensus to leave these two items
in the budget.
Motion made by Commissioner Kercheval, seconded by Nipps, to
approve the Fiscal Year 2004 budget, as amended, in the
following amounts: General Fund budget of $138,762,664; the
Capital Improvement Projects budget of $43,745,821; the Special
Revenue Funds (Highway Funds - $6,390,956 and Solid Waste Fund
- $5,745,358); the Transportation Fund - $1,735,785; Airport
Fund - $1,479,300; Golf Course Fund - $1,216,539; Utility Fund -
$2,449,099; and Pretreatment Fund - $1,460,000, for a total of
all funds of $213,932,975; to maintain the current property tax
rate of $.948 per $100 of full assessed value and the interest
rate of 1.65% for service charges associated with semiannual
property tax payments. Motion carried with Commissioners
Kercheval, Nipps, and Snook voting “AYE” and Commissioners
Wivell and Munson voting “NO.”
MAY 20, 2003
PAGE THREE
CITIZENS PARTICIPATION
Don Allensworth spoke to the Commissioners about the Adequate
Public Facilities Ordinance, a recent article in The Herald
Mail, and the moratorium.
Paul and Dominick Perini, representing Marsh Run Associates,
outlined their concerns regarding a parcel of property that was
not included in the Urban Growth Area (UGA) in the new
Comprehensive Plan. Paul Perini provided information on the
development they are proposing for this property and spoke in
support of it being included in UGA. Commissioner Snook stated
that they would confer with the Planning Commission and take the
information under consideration.
MENTAL HEALTH FLEX FUNDS APPROVAL
Motion made by Commissioner Kercheval, seconded by Nipps, to
approve the award of $50,000 in Mental Health Flex Funds second
round funding from the Maryland Subcabinet for Children, Youth
and Families for the following projects: Behavioral Health
Services/Urgent Psychiatric Care for Children ($24,999) and
Washington County Department of Social Services/Child Protective
Services ($24,999). Unanimously approved.
DISCUSSION OF FUNDING OPTIONS FOR THE RUNWAY EXTENSION PROJECT
Debra Bastian, Director of Finance, and Lester Guthorn,
Financial Advisor, met with the Commissioners to review funding
options for the runway extension project. Commissioner Snook
noted that he received letters from the Economic Development
Commission, Chamber of Commerce, and Greater Hagerstown
Committee in support of the project.
Ms. Bastian reviewed the first Letter of Intent (LOI) offered by
the FAA for the project for $47 million over a ten-year period.
She stated that after the County sent a counter offer to them,
the FAA provided a revised LOI providing more of the grant money
“up front.” Ms. Bastian expressed her concerns about debt
capacity and whether the County’s cash flow reserves were
adequate to fund a $60 million project when the grant funds were
provided over a a ten-year period. She stated that in order to
support a project of this size, there would have to be some type
of borrowing associated with it.
Mr. Guthorn and Ms. Bastian reviewed a cash flow analysis and
financing scenarios and options. He stated that the first
scenario assumes that the County would issue grant anticipation
notes (GAN) in an amount sufficient to fund the project, in
order to meet the cash flow requirements and the monthly and
yearly inflows from the FAA, MAA and the County. The second
scenario applies the same method of reimbursement but calls for
the issuance of two financings. Mr. Guthorn indicated that
because of cash flow constraints, the first issuance would be
taken out by the second issue, and would, in theory, reduce the
County’s cost of borrowing.
The meeting was then opened for questions and discussion on
methods of financing, rating agencies, the effect on existing
businesses, and various concerns. Commissioner Snook explained
that the FAA has asked for a decision from the Board on the
revised LOI this week. Commissioners Nipps and Kercheval spoke
in support of the project.
Motion made by Commissioner Kercheval, seconded by Nipps, to
accept the FAA’s revised letter of intent (LOI) for the runway
extension project at the Hagerstown Regional Airport. Motion
carried with Commissioners Kercheval, Nipps and Snook voting
“AYE” and Commissioners Wivell and Munson voting “NO.”
RECESS – LUNCH
The Commissioners recessed at 12:34 p.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:30 p.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.
MAY 20, 2003
PAGE FOUR
REQUEST TO FILL VACANCY – COMMUNITY MOBILIZATION LIAISON
Melissa Nearchos, Project Manager at the Washington County
Community Partnership for Children & Families (WCCP), requested
that the Commissioners approve the request to advertise to fill
the Community Mobilization Liaison position (Grade 11). Ms.
Nearchos stated that the position is funded through the
Governor’s Office for Children, Youth, and Families and is
important to achieve the goals that are part of the WCCP’s
agreement with the State of Maryland.
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the request to fill the Community Mobilization Liaison
position (Grade 11) at the Washington County Community
Partnership for Children & Families, contingent upon the grant
funding. Unanimously approved.
CONTRACT RENEWAL – JANITORIAL SERVICES AT WASHINGTON COUNTY
OFFICE BUILDINGS
Karen Luther, Purchasing Agent, and James Sterling, Director of
Building, Grounds, & Parks, addressed the concerns raised by
Commissioner Wivell regarding the janitorial services contract.
The Commissioners asked Ms. Luther to contact the current vendor
to see if they would agree to extend the contract on a month-to-
month basis while the contract is rebid.
Motion made by Commissioner Wivell, seconded by Munson, to rebid
the janitorial services contract with following items being
removed: requirement for a bid bond, the aggregation of the
buildings, and the requirement for a nonworking supervisor, as
well as an adjustment in the specified number of hours.
Unanimously approved.
SOLE SOURCE CONTRACT AWARD – SEWAGE GRINDER UNITS
Motion made by Commissioner Munson, seconded by Nipps, to award
a sole source procurement of three (3) Muffin Monster Sewage
Grinder units for a total of $51,485 from Watermark
Environmental Systems. The award is a sole source procurement
Code of the
based on Sections 1-106.2(a)(1) and (2) of the
Public Local Laws of Washington County
. Unanimously approved.
CONTRACT RENEWAL REQUEST – CONTRACT SERVICES AT TRANSFER
STATIONS
Motion made by Commissioner Munson, seconded by Nipps, to renew
the contract for contract services at transfer stations to
Peck’s Refuse Disposal, LLC in the amount of $239,065 based on
the stated annual estimated number of services from the five
locations specified on the bid tabulation sheet for a one-year
period. Unanimously approved.
PRESENTATION OF HISTORIC PRESERVATION AWARD – JOHN FRYE
Commissioner Nipps presented the 2002 Historic Preservation
Award to John Frye in recognition of the contributions he has
made to historic preservation in Washington County. Preston
Law, representing the Historical Advisory Committee, stated that
Mr. Frye was selected for the award for his lifetime dedication
to historic preservation and specifically for being instrumental
in the organization of the Committee in 1967 and for acting as
its first Chairman. Mr. Frye thanked the Commissioners for the
award and related some of the accomplishments of the Historical
Advisory Committee.
AMENDING RESOLUTION FOR ST. JAMES PARK SPECIAL TAXING DISTRICT
Motion made by Commissioner Wivell, seconded by Kercheval, to
deny the request for a thirty (30) day extension of the Amending
Resolution for the St. James Park Special Taxing District.
Motion carried with Commissioners Wivell, Kercheval, and Munson
voting “AYE” and Commissioners Nipps and Snook voting “NO.”
APPROVAL OF MINUTES – MAY 13, 2003
Motion made by Commissioner Kercheval, seconded by Munson, to
approve the minutes of the meetings of May 13, 2003, as
submitted. Unanimously approved.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, reported on the tabletop
disaster drill that was held last week. He informed the
Commissioners that Bill
MAY 20, 2003
PAGE FIVE
King, Emergency Communications Specialist, received the “Star of
Life” award from the State Emergency Services System in
recognition for providing life saving instructions to a mother
that helped her save her child’s life.
REQUEST TO FILL VACANCY – DIRECTOR OF PERMITS & INSPECTIONS
DEPARTMENT
Robert Arch, Director of Planning & Community Development,
requested that the Commissioners approve the request to
advertise to fill the position of Director of Permits &
Inspections Department (Grade 16). Mr. Arch stated that Paul
Prodonovich, the current Director, is retiring effective July 1,
2003.
Motion made by Commissioner Kercheval, seconded by Wivell, to
approve the request to fill the Permits & Inspections Director
position (Grade 16) Unanimously approved.
APPALACHIAN REGIONAL COMMISSION – PROJECT REVIEW
Mr. Arch informed the Commissioners that, as part of the annual
Appalachian Regional Commission (ARC) funding program, the Tri-
County Council for Western Maryland is requesting that the
Commissioners review and prioritize the projects to be submitted
to them for funding consideration. Mr. Arch explained that
notices are also sent to municipalities in the County and
Hagerstown Community College to give them the opportunity to
apply for available funding. He stated that the following three
projects were submitted: 1) Job Training Institute, Applicant -
Hagerstown Community College ($40,000), 2) Newgate Boulevard
Extension, Applicant – Washington County ($600,000), and 3) City
Farm Business Park, Applicant – City of Hagerstown ($600,000).
Mr. Arch stated that ARC would normally take a secondary
position behind another federal funding grant and would fund
approximately 30% of a project.
Motion made by Commissioner Nipps, seconded by Munson, to
approve the recommendation to submit the following projects to
the Tri-County Council for funding consideration for Appalachian
Regional Commission (ARC) funding as prioritized: 1) Job
Training Institute, 2) Newgate Boulevard Extension, and 3) City
Farm Business Park. Unanimously approved.
YOUTH OF THE MONTH AWARDS – APRIL & MAY 2003
The Commissioners presented Certificates of Merit to Erin Kittel
and Bradley Kretzer in recognition of their selection as the
recipients of the April 2003 and May 2003 youth meritorious
awards respectively by the Washington County Community
Partnership for Children & Families (WCCP). The Commissioners
commended them for their leadership, academic and extra-
curricular activities. Commissioner Snook stated that Erin and
Bradley would also receive a $50 savings bond from the WCCP.
PROPOSED EXCISE AND TRANSFER TAX RATE DISCUSSION
The Commissioners reviewed the options presented for
implementation of the excise and transfer tax to present at
public hearing scheduled for June 10. Revenues from these taxes
would be used to fund the capital improvement program. They
discussed several scenarios for implementation of an excise tax.
It was the consensus to impose a tax for single-family homes on
a three-year graduated basis rate of $0.25/square foot for FY
2004, $0.50 for FY 2005, and $0.75 FY 2006 on finished areas (to
include basements) and $1.00/square foot for semi-detached, two-
family, townhouse, and multi-family units.
Motion made by Commissioner Nipps, seconded by Kercheval, to
present a proposal at public hearing to consider implementation
of an excise tax of $1.00 per square foot on the construction of
all multi-family units (semi-detached, two-family, townhouse,
and multi-family units) and a graduated multi-year rate
beginning on single-family homes of $0.25 per square foot for
fiscal year 2004, $0.50 for fiscal year 2005, and $0.75 for
fiscal year 2006. Motion carried with Commissioner Nipps,
Kercheval, and Snook voting “AYE” and Commissioners Wivell and
Munson voting “NO.”
The Board then discussed implementation of a transfer tax and
considered ways to help lessen the effect on first-time
homebuyers. They also
MAY 20, 2003
PAGE SIX
discussed various rates and the projected revenues that would be
generated.
Motion made by Commissioner Nipps, seconded by Kercheval, to
propose a 0.50% transfer tax on total gross sales of residential
homes, with the first $50,000 to be exempt from the tax, for
presentation at a public hearing on June 10, 2003. Motion
carried with Commissioner Nipps, Kercheval, and Snook voting
“AYE” and Commissioners Wivell and Munson voting “NO.”
.
CLOSED SESSION
Motion made by Commissioner Nipps, seconded by Munson, to
convene in closed session at 3:28 p.m. to discuss a personnel
issue, consult with staff about pending and potential litigation
and consult with counsel to obtain legal advice, 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 Wivell, to
reconvene in open session at 4:27 p.m. Unanimously approved.
In closed session, the Commissioners discussed one (1) personnel
issue, consulted with counsel to obtain legal advice on four (4)
matters and consulted with staff about pending and potential
litigation. Present during closed session were Commissioners
William J. Wivell, John C. Munson, James F. Kercheval, and Doris
J. Nipps. Also present at various times were Rodney Shoop,
County Administrator; Richard Douglas, County Attorney; John
Martirano, Assistant County Attorney; and Joni Bittner, County
Clerk; Gary Rohrer, Director of Public Works; and Robert Arch,
Director of Planning & Community Development.
ADJOURNMENT
Motion made by Commissioner Nipps, seconded by Kercheval, to
adjourn at 4:27 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
,
Clerk