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January 27, 2004
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 10:30 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.
CITIZEN PARTICIPATION
There was no one present who wished to participate.
The Commissioners welcomed Patrick Bowers who was attending the
meeting as part of the requirements to earn the rank of Eagle
Scout.
POLICY REVIEW – EMPLOYEE DRESS CODE
David Hankinson, Director of Human Resources, presented a Dress
Code Policy for County employees for the Commissioners’ review
and adoption. Mr. Hankinson stated that the policy attempts to
formalize standards for appropriate attire in County offices.
It also makes every Friday a “Business Casual” attire day. He
explained that there have been issues with some departments
having employees dressed in non-suitable attire. Mr. Hankinson
stated that the policy would provide a clearer definition of
appropriate attire. The Commissioners reviewed the policy as
proposed.
Motion made by Commissioner Nipps, seconded by Kercheval, to
adopt policy PR-27 – Employee Dress Code, as presented. Motion
carried with Commissioners Nipps, Kercheval, Wivell, and Snook
voting “AYE” and Commissioner Munson voting “NO.”
APPROVAL OF MINUTES – JANUARY 13 & 20, 2004
Motion made by Commissioner Nipps, seconded by Wivell, to
approve the minutes of January 13 and 20, 2004, as amended.
Unanimously approved.
BUDGET TRANSFER – METROPOLITAN PLANNING ORGANIZATION (MPO)
Motion made by Commissioner Nipps, seconded by Munson, to
approve the budget transfer request to increase the Planning
Department budget by $712,727, the amount of the federal grant
funding for the Hagerstown/Eastern Panhandle Metropolitan
Planning Organization Unified Planning Work Program.
Unanimously approved.
CHANGE ORDER – AIRPORT REHAB RUNWAY 220
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve a change order with P & W Excavating for the
Rehabilitation of Runway 220 (AIP-3-24-0019-23) for a decrease
in the contract of $180,962.04 due to the final adjustment of
project quantities. Unanimously approved.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, reminded the Commissioners
that the meeting with the local Delegation to the General
Assembly is tentatively scheduled for February 4. The
Commissioners agreed to cancel the meeting in Annapolis.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Nipps distributed the latest draft of recommended
options being considered by the Task Force to Study Public
School Facilities. She asked the Commissioners to read the
draft as it may have some implications for Washington County.
Commissioner Nipps expressed concern regarding the impact it
would have on the County in the comparison of models calculating
the State’s share of construction funding for schools. She
noted that, using the model outlined in the draft, Washington
County’s funding would be lowered by six percent. Commissioner
Nipps stated that the Task Force is not taking public comment
but would be taking their recommendation directly to the
Governor. After discussion, the Commissioners agreed to review
the recommended options and present their concerns to the Local
Delegation to the General Assembly.
JANUARY 27, 2004
PAGE TWO
CABLE FRANCHISE AGREEMENT – INITIAL STEP
Ron Whitt, Director of Information Technologies, and members of
the Washington County Public Network (WCPN) met with the
Commissioners to provide information on the initial steps that
need to be taken in order to obtain a cable franchise agreement.
Al Martin, City Finance Director and member of the WCPN, stated
that the first step in the process of cable franchising is to
identify future cable-related needs and interests of the
community and to assess the technical capability of the local
cable providers to satisfy these needs. He noted that a needs
assessment study can be accomplished using public hearings,
surveys, focus groups, interviews, and reports and audits. The
County would set acceptable standards of service and may provide
communication infrastructure and revenue to meet educational and
governmental technology needs. Mr. Martin provided information
about the City’s renegotiation of their existing contract and
the benefits to the community. The meeting was then opened for
questions and discussion. Mr. Whitt stated that WCPN would
develop the request for proposal. He estimated that the needs
assessment survey and technical evaluation of the current cable
system would cost $20,000.
Gene Hager, General Manager of Antietam Cable, stated that there
could be rate increases to County customers if a franchise
agreement is negotiated. Commissioners Wivell and Munson
expressed their concerns about adopting a cable franchise fee.
Motion made by Commissioner Nipps, seconded by Kercheval, to
pursue a needs assessment study for a cable franchise agreement
and to authorize the Washington County Public Network to develop
a request for proposal for the study. Motion carried with
Commissioners Nipps, Kercheval, and Snook voting “AYE” and
Commissioners Wivell and Munson voting “NO.”
SMALL URBAN AREA PUBLIC TRANSPORTATION OPERATING GRANT AGREEMENT
Motion made by Commissioner Nipps, seconded by Kercheval, to
accept a Small Urban Area Public Transportation Operating Grant
from the Maryland Transit Administration for Fiscal Year 2003
for 75% of the estimated net project cost or $490,000, whichever
is less, with the County share of approximately $286,500, which
is budgeted as part of the Transportation Department’s budget.
Unanimously approved.
AMERICANS WITH DISABILITIES ACT (ADA) ASSISTANCE GRANT AGREEMENT
Motion made by Commissioner Wivell, seconded by Nipps, to
approve a grant agreement with the Maryland Transit
Administration for FY 2004 to assist in providing transportation
services to persons with disabilities for the approved net
project cost of $188,100. The County will be required to
provide local public funds of $20,900. Unanimously approved.
CAPITAL GRANT AGREEMENT - TRANSPORTATION
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the grant agreement from the Maryland Transit
Administration (FY 2004) to assist in the purchase of two small
buses with lifts, miscellaneous shop equipment, ADP hardware,
fare box upgrade and facility rehabilitation in the amount of
$196,700 for the net project cost, with the County to provide
local funds for the project in the amount of $19,670.
Unanimously approved.
GRANT AGREEMENT – STATEWIDE SPECIAL TRANSPORTATION ASSISTANCE
PROGRAM
Motion made by Commissioner Nipps, seconded by Wivell, to
approve the agreement with the Maryland Transit Administration
for FY 2004 Statewide Special Transportation Assistance Program
(SSTAP) grant funding in the amount of $156,771, seventy-five
percent of the net project cost, to assist in providing
transportation services to elderly persons and persons with
disabilities, with the County providing up to $52,257 in local
public match through in-kind services. Unanimously approved.
COMMISSIONERS COMMENTS – CONTINUED
Commissioner Nipps reported on the Community Action Council
meeting. She informed the Commissioners that a recommendation
has been made regarding
JANUARY 27, 2004
PAGE THREE
a new director for the Convention & Visitors Bureau.
Commissioner Nipps indicated that she recently viewed a video
regarding urban sprawl.
Commissioner Munson reported on the Solid Waste Advisory
Committee meeting.
Commissioner Wivell informed the Commissioners that he attended
the awards banquet for the Clear Spring Volunteer Fire and
Ambulance Companies. He asked whether the Commissioners were
interested in pursuing a bill to allow local zoning law to be
taken to referendum, similar to the one previously introduced
for Frederick County. Richard Douglas, County Attorney, stated
that he would distribute copies of the Frederick County bill.
Commissioner Wivell expressed his concern over the Governor’s
proposal to include a $2.50 fee on water and sewer charges and
reviewed its potential implications to County budgets and
customers.
Commissioner Kercheval reported on the Public Golf Corporation
meeting. He asked that County staff review the insurance
coverage on the deductible and claim coverage because the golf
course has had several damage claims where they were required to
pay much more than the deductible for repairs. He also asked if
there were any used trucks available in the County system for
use by the golf course employees.
Commissioner Snook informed the Commissioners that the Town of
Clear Spring is requesting a waiver of permit fees for the
upgrades they are making to their water plant. After
discussion, the Commissioners requested additional information
on the amount of the fees. Commissioner Snook reported on the
Transportation Advisory Committee meeting. He informed the
Board that the Maryland Historic Trust approved the application
to place the Leitersburg Historic District on the Register of
Historic Places.
RECESS
The Commissioners recessed at 12:10 p.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:02 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.
WORK SESSION - DISCUSSION OF RURAL AREA ZONING TASK FORCE
Rodney Shoop, County Administrator, stated that on December 9,
2003, the Commissioners voted to establish a 13-member task
force to review issues concerning rural area zoning, among them:
equity and programs dealing with these issues, permitted uses,
small parcels, and lot exemptions. The Commissioners then
reviewed the individuals who were recommended by the various
groups from which recommendations were solicited and voted on
their selections. Mr. Shoop reminded the Commissioners that
each Commissioner would have one appointment to the task force
and the remaining eight members would be appointed by consensus.
Motion made by Commissioner Munson, seconded by Wivell, to
appoint the following individuals to an ad hoc task force to
review issues regarding rural area zoning as outlined in the
Comprehensive Plan: Fred Frederick (Greg Snook), Tom Firey
(William Wivell), Robert Ernst (James Kercheval), Dick Cushwa
(Doris Nipps), Harold Phillips (John Munson), David Herbst
(Agricultural Land Preservation Advisory Board), Tom Newcomer
(Chamber of Commerce), Chuck Ernst (Citizens for the Protection
of Rights), Jason Divelbiss (Greater Hagerstown Committee), Debi
Turpin (Home Builders Association), Steve O’Farrell (Real Estate
Appraisers), Richard Hopkins (Pen-Mar Association of Realtors),
and Donald Schwartz (Farm Bureau and Extension Service).
Unanimously approved.
The Commissioners discussed whether to retain a facilitator to
work with the group. They agreed that the task force should make
its recommendations to them in early May.
JANUARY 27, 2004
PAGE FOUR
CONVENE IN CLOSED SESSION
Motion made by Commissioner Munson, seconded by Nipps, to
convene in closed session at 1:52 p.m. to consider a personnel
matter that affects one or more specific individuals, consult
with counsel to obtain legal advice, consider matters that
concern proposals for businesses or industrial organizations to
locate, expand, or remain in the State, and consult with staff
about pending or potential litigation, all 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 4:04 p.m. Unanimously approved.
In closed session, the Commissioners discussed one (1) personnel
matter that affects one or more specific individuals, consulted
with counsel to obtain legal advice on two (2) matters,
considered a matter that concerns a proposal for a business or
industrial organization to locate, expand, or remain in the
State, and consulted with staff about pending or potential
litigation. 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, Deputy County Attorney; Duane Gigeous,
Part-time Assistant County Attorney; Joni Bittner, County Clerk;
David Hankinson, Director of Human Resources; Jonathan Topazian,
County labor counsel; and Carolyn Motz, Airport Manager.
ADJOURNMENT
Motion made by Commissioner Munson, seconded by Kercheval, to
adjourn at 4:04 p.m. Unanimously approved.
,
County Administrator
_____________________________________,
County Attorney
___________________________,
County Clerk