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November 4, 2003
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.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Kercheval reported on the Planning Commission
meeting. He stated that he attended the legislative forum
sponsored by the Chamber of Commerce and the Greater Hagerstown
Committee meeting. Commissioner Kercheval also provided a
summary of the topics discussed at the meeting last week
regarding alternative financing for school capital projects.
Commissioner Nipps reminded the Commissioners that the Chamber
of Commerce’s “Eggs & Issues” forum would be held tomorrow
morning.
Commissioner Munson reported on the Advisory Commission to the
Board of Health meeting. He stated that he would like to
revisit the Hagerstown Housing Authority’s request for a waiver
of the excise tax. Commissioner Munson reviewed an
advertisement in a motor home publication outlining requirements
for convention locations. The Commissioners advised him to
provide the information to the Economic Development Commission
for follow-up.
Commissioner Snook reminded the Board that the Smithsburg Fire
Company would be dedicating its new rescue unit on November 6.
He stated that the Contemporary School of Arts is sponsoring
programs at the Martin Luther King Center on November 15.
Commissioner Snook reported on the meeting of the University
System of Maryland Center Steering Committee, the Chamber of
Commerce Board, and the Maryland Association of Counties
Executive Board. He read a letter from the Washington County
Historical Trust requesting that the Commissioners reimburse
them for an application they submitted to the State for funding
of an architectural survey of Leitersburg. Due to limited State
funding, the grant was not received, and the Trust is now
requesting reimbursement of the $420 application fee. The
Commissioners asked Steve Goodrich, Interim Planning Director,
to review the request and report to them.
REPORTS FROM COUNTY STAFF
Gary Rohrer, Director of Public Works, informed the
Commissioners that he met with Neil Pedersen, Administrator of
the State Highway Administration, to review several County
projects.
Joe Kroboth, Director of the Emergency Services Department,
informed the Commissioners that he requested funding from the
Maryland Numbers Board for a digital recorder. He provided an
update on the new cellular telephone requirements. Mr. Kroboth
also advised the Commissioners of the possibility that his
Department might incur higher long-distance charges due to a
problem caused by the older technology used to transfer
emergency calls. He stated that an after-action critique of the
emergency operation center and activation procedures used during
Hurricane Isabelle is scheduled for November 5. Mr. Kroboth
also reminded the Commissioners that Citizens Emergency
Preparedness Day activities are scheduled for November 15. The
kick-off of the Home Chemical Safety Program will also be held
this month.
Steve Goodrich, Interim Planning Director, reported that the
staff is reviewing the comments regarding the Comprehensive
Zoning. He stated that the joint rezoning hearing is scheduled
for November 10. Mr. Goodrich informed the Commissioners of the
resignation of Kristin DeBold, Office Associate II, and outlined
the need to fill her position.
Motion made by Commissioner Nipps, seconded by Munson, to
approve the request to fill the Office Associate II position in
the Planning Department. Unanimously approved.
NOVEMBER 4, 2003
PAGE TWO
BUDGET TRANSFER – FORTY WEST LANDFILL
Motion made by Commissioner Wivell, seconded by Munson, to
approve a budget transfer of $82,000 to provide for engineering
and construction at various locations to address the wetland
mitigation requirements at the Forty West landfill, with funds
to be transferred from Landfill CIP Reserves. Unanimously
approved.
INTRODUCTION OF NEW EMPLOYEES
Dee Hawbaker, Assistant Resources Director, introduced new
County employees Robert D. Franklin (Water Quality Department)
and Kathleen Hedstrom (State’s Attorney’s Office). The
Commissioners welcomed the new employees and wished them well in
their new positions.
RESOLUTION – DESIGNATION OF AUTHORITY HAVING JURISDICTION FOR
WASHINGTON COUNTY FOR EMERGENCY SERVICES
Motion made by Commissioner Wivell, seconded by Nipps, to
approve the revised Resolution (Designation of Authority having
Jurisdiction for Washington County) delegating the authority
conferred by the Code of Public Local Laws Section 10-402 for
the provision of fire, rescue, and ambulance services in
Washington County to the Director of Emergency Services, with
the stipulation that the Director seek advice from the
Washington County Volunteer Fire and Rescue Association, Inc.
Unanimously approved.
CONTRACT AWARD – PUMP CONTROL SYSTEM
Motion made by Commissioner Nipps, seconded by Kercheval, to
award the contract for the pump control system for the
Department of Water Quality to Freemire & Associates, Inc.,
which submitted the lowest responsive, responsible bid of
$33,500 to include Alternate No. 2. The pump station
improvement costs are 100% developer reimbursable. Unanimously
approved.
CONTRACT AWARD – MOTOR & INDUSTRIAL OILS
Motion made by Commissioner Munson, seconded by Nipps, to award
the contract for motor and industrial oils to H.N. Funkhouser &
Company, which submitted the sole bid of $59,873.10, based on
unit costs and estimated annual quantities, for a one-year
period with no options for renewal. Unanimously approved.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, reminded the Commissioners
that there would be no meeting next week due to the Veterans’
Day holiday.
REAPPOINTMENTS – PUBLIC GOLF CORPORATION
Motion made by Commissioner Kercheval, seconded by Nipps, to
reappoint Richard Roulette and Mary Myers to the Public Golf
Corporation Board of Directors for three-year terms.
Unanimously approved.
APPOINTMENT – SOLID WASTE ADVISORY COMMITTEE
Motion made by Commissioner Munson, seconded by Wivell, to
appoint William Ruland to the Solid Waste Advisory Committee for
a three-year term. Unanimously approved.
DISCUSSION OF 2004 LEGISLATIVE REQUESTS
Richard Douglas, County Attorney, reviewed the list of funding
and legislative requests discussed for submittal to the
Washington County Delegation to the General Assembly for the
2004 legislative session. Mr. Douglas stated that the list was
revised following the discussion at last week’s meeting. He
asked the Commissioners to indicate which items they wish to
support. The staff will then assemble the necessary support
documentation for presentation to the Delegation. The
Commissioners discussed the funding requests and legislative
agenda items.
Funding Requests
Runway Extension Project – request for $8 million in the
following increments to lessen the cost of financing: FY 04 -
$3 million, FY 05 - $3 million, and FY06 - $2 million.
NOVEMBER 4, 2003
PAGE THREE
Support for bond bill for a Central Booking Facility – The
Commissioners agreed to discuss the details of this request with
Sheriff Mades next week before submitting it to the Delegation.
Support for Request for Fifth Circuit Court Judge. Mr. Shoop
stated that they expect the renovations at the Court House to be
completed in FY 2005 to accommodate the new judge.
New Parking Deck for Arts & Entertainment District – This would
be a joint request from the City of Hagerstown and Washington
County for a $500,000 grant toward the construction of a new
parking deck to serve the Arts & Entertainment District and
provide additional parking for the University System of
Maryland. The Commissioners agreed to discuss the City’s
funding priorities with them before submitting the request to
the Delegation.
Highway User Revenues – Request to reinstate highway user
revenues that were removed during FY ‘04 and are scheduled to be
removed in FY ‘05.
Legislative Requests
Addition of Second Deputy State’s Attorney – State’s Attorney
Ken Long has requested an amendment of MD. Code, Article 10,
Section 40, for authorization to create an additional deputy
state’s attorney position. The position would be created from
one of the existing assistant positions.
Bond authorization – It was the consensus of the Commissioners
to request bonding authority of $50 million. Commissioner Wivell
dissented on the amount of bonding authority being requested.
Gaming Legislation – The Gaming Commission is seeking the
following legislation:
The Board of License Commissioners would not issue a license
to an applicant who has outstanding gaming proceeds, payments
or fines.
The County Commissioners may establish an annual fee for non-
profit bingo permits. The present law allows the charging of
fees only to for-profit bingo operations. The Commissioners
discussed the request and decided to make no change in the
current statute.
A wholesale operator’s license may not be held by the holder
of a tip jar operator’s license or certain related parties,
or an association of tip jar operators.
Lengthen the time a school bus may operate from 12 to 15 years –
The Commissioners agreed to submit this request to the
Delegation.
Emergency Services Tax – the Washington County Volunteer Fire &
Rescue Association has made the request that the Commissioners
seek enabling authority to impose a tax. The Commissioners did
not support this request.
Commissioner Kercheval suggested that the Commissioners also
include on the agenda a discussion of fees for agricultural land
preservation and compensation to landowners, such as
transferable development rights (TDRs) and installment purchase
arrangements (IPAs). The Commissioners also discussed the
possibility of assessing a flat fee per real estate tax account
with proceeds to be used for agricultural land preservation.
The requirement could then be removed from the transfer tax
legislation that $400,000 be designated for agricultural land
preservation. The Commissioners agreed to include this on the
agenda for presentation to the Delegation
Commissioner Wivell suggested that they discuss the removal of
the prevailing wage rate requirement for school construction
projects with the Delegation. He indicated that there might also
be the need for legislation dealing with PenMar Development
Corporation.
NOVEMBER 4, 2003
PAGE FOUR
Motion made by Commissioner Munson, seconded by Nipps, to
present the list of legislative requests, as revised, to the
Washington County Delegation to the General Assembly for
consideration for the 2004 session. Unanimously approved.
CITIZENS PARTICIPATION
There was no one present who wished to participate.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Munson, seconded by Nipps, to
convene in closed session at 10:44 a.m. to discuss personnel
matters that affect one or more specific individuals and to
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 Nipps, to
reconvene in open session at 11:34 a.m. Unanimously approved.
In closed session, the Commissioners discussed three (3)
personnel items that affect one or more specific individuals and
consulted with counsel to obtain legal advice on two (2)
matters. Present during closed session were Commissioners
Gregory I. Snook, William J. Wivell, James F. Kercheval, Doris
J. Nipps, and John C. Munson. Also present at various times
were Rodney Shoop, County Administrator; Richard Douglas; County
Attorney; John Martirano, Assistant County Attorney; Duane
Gigeous, Part-time Assistant County Attorney; Joni Bittner,
County Clerk; Carolyn Motz, Airport Manager; and David
Hankinson, Director of Human Resources.
ADJOURNMENT – LUNCHEON & TOUR OF CASA
The Commissioners adjourned at 11:34 a.m. in order to attend a
luncheon and tour at the Citizens Assisting and Sheltering the
Abused (CASA) facility.
,
County Administrator
,
County Attorney
___________________________,
County Clerk