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February 24, 2004
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 9:30 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.
ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) TRANSPORTATION FEES
Tim Troxell, Director of the Economic Development Commission
(EDC), and Peggy Bushey, Chair of the EDC, met with the
Commissioners to discuss proposed modifications to the APFO
transportation fees. Mr. Troxell indicated that the fees could
have an impact on economic development prospects who are
considering developing in the area. He stated that
representatives of EDC and the Division of Public Works worked
together to develop “decimal multipliers” for four basic
industry types which would be applied to the current fees. Mr.
Troxell proposed the following decimal multiplier fee schedule:
residential and retail (1.0), warehouse/distribution center
(.75), industrial/manufacturing (.5), and office (.25).
The Commissioners discussed the proposal and the method used to
develop the multiplier. Gary Rohrer, Director of Public Works,
suggested that they schedule additional time to permit Terry
McGee, Chief Engineer, to outline the transportation standards
upon which the formula was based. Commissioner Snook asked the
Commissioners to list their questions for Mr. McGee to address
at next week’s meeting.
BID AWARD – ONE-TON DUMP TRUCK - BUILDINGS, GROUNDS & PARKS
Motion made by Commissioner Nipps, seconded by Kercheval, to
award the contract for a one-ton dump truck for the Buildings,
Grounds & Parks Department to Hagerstown Ford based on Option
one (dump truck with 4-wheel drive) for the lump sum bid of
$37,995, to include Alternate No. 2 (snow v-plow) for $2,620,
and Alternate No. 3 (extended warranty) for $2,620, for a total
award of $43,235. Motion carried with Commissioners Nipps,
Kercheval, and Snook voting “AYE” and Commissioners Wivell and
Munson voting “NO.”
BUDGET TRANSFER REQUEST – DEVIL’S BACKBONE PARK WATER
IMPROVEMENTS
Jim Sterling, Director of Buildings, Grounds, and Parks,
requested a budget transfer of $25,600 to make upgrades to the
water supply to the restrooms at Devil’s Backbone Park. Mr.
Sterling explained that State agencies have mandated the
improvements because a water survey revealed that surface water
is infiltrating the well at the park. He stated that the
County’s plan was rejected by the State. The Commissioners
discussed the matter and agreed to close the restroom facilities
and to rent portable sanitary facilities for placement in the
park if State agencies did not support the County’s plan.
Motion made by Commissioner Munson, seconded by Wivell, to deny
the budget transfer request for improvements to the water supply
at Devil’s Backbone Park and to rent portable sanitation
facilities for installation at the park. Unanimously approved.
APPOINTMENT – AGRICULTURAL RECONCILIATION BOARD
Eric Seifarth, Land Preservation Planner, met with the
Commissioners regarding the appointment of an attorney to the
Agricultural Reconciliation Board. He provided the names of
three local attorneys who expressed interest in serving on the
Board. The Commissioners discussed the applicants and agreed to
appoint Marcia Watters to the Board.
Motion made by Commissioner Wivell, seconded by Nipps, to
appoint Marcia Watters to the Agricultural Reconciliation Board
for a three-year term. Motion carried with Commissioners
Wivell, Nipps, Munson, and Snook voting “AYE” and Commissioner
Kercheval voting “NO.”
EARLY INTERVENTION PROJECTS FUNDING
Melissa Nearchos, Project Manager for the Washington County
Community Partnership for Children and Families (WCCP), informed
the Commissioners that they recently reviewed concept
applications for the award of Early
FEBRUARY 24, 2004
PAGE TWO
Intervention Projects for a short-term project or short
services, which meet a “gap” or short-term need locally. Ms.
Nearchos stated that $3,765is available for projects that meet
the program guidelines. She reviewed the applications submitted
and stated that the Review Panel is recommending that funds be
awarded to the Washington County Early Intervention Program for
the project entitled “Closing an Early Intervention
Speech/Language Service Gap for Infants and Toddlers.”
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the recommendation to award $3,765 in Early Intervention
Projects Funds to the Washington County Early Intervention
Program for the “Closing an Early Intervention Speech/Language
Service Gap for Infants and Toddlers” project. Unanimously
approved.
BUSINESS EXPENSE POLICY REVISION
Debra Bastian, Director of Budget & Finance, met with the
Commissioners to review the revisions made to the Business
Expense Policy as presented to the Commissioners at the January
20 meeting. She stated that the revised document provides for
reimbursement to employees for the cost of a rider on their
personal car insurance policies to allow for business use of
personal vehicles. Ms. Bastian indicated that some Commissioners
suggested that this be added when it was reviewed at the January
20 meeting. The Commissioners discussed whether the County
would give employees the choice of mileage reimbursements or the
reimbursement for the rider. It was the consensus of the
Commissioners to remove this item from the policy. Commissioner
Kercheval asked staff to look into the costs of providing an
umbrella rider policy.
Motion made by Commissioner Kercheval, seconded by Munson, to
approve the revised Business Expense Policy with the recommended
changes and to remove the provision to provide reimbursement for
a rider to insurance policy for business use of personal
vehicles. Unanimously approved.
CONTRACT RENEWAL – FOOD SERVICES AT THE WASHINGTON COUNTY
DETENTION CENTER
Motion made by Commissioner Munson, seconded by Wivell, to renew
the contract for food services at the Washington County
Detention Center with Aramark Correctional Services, Inc., to
include a Producer Price Index (PPI) increase of 4.87% to inmate
and staff meals and an additional $.02/meal increase to inmate
meals for changes requested by the Warden, for a one-year
period. Unanimously approved.
RECESS – LUNCH
The Commissioners recessed at 11:52 a.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:00 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.
PUBLIC HEARING – PROPERTY ACQUISITION NEAR THE HAGERSTOWN
REGIONAL AIRPORT
The Commissioners convened a public hearing at 1:00 p.m. for the
purpose of considering the acquisition of two parcels of land,
with improvements, as approved by the Commissioners at the
January 13, 2004 meeting. The parcels total 0.51 acres owned by
the Hagerstown-Washington County Industrial Foundation, Inc. and
are identified as Tax ID No. 27-001939 and Tax ID No. 27-001955,
known as 14606 and 14612 Pennsylvania Avenue, Hagerstown,
Maryland. The consideration to be paid for the property is
$500,000, of which $475,000 would be paid by FAA and MAA and
$25,000 would be paid by the County. The parcels are needed for
the Runway 220 Land Acquisition project at the Hagerstown
Regional Airport. The meeting was then opened for public
comments. James Devine commented on the cost of the properties.
CAPITAL IMPROVEMENTS PROGRAM (CIP) BUDGET WORKSHOP
The Commissioners conducted a budget workshop to discuss the
projects submitted for the Capital Improvements Program (CIP)
for Fiscal Years
FEBRUARY 24, 2004
PAGE THREE
2005 - 2010. Debra Bastian, Director of Finance, provided a
summary of the projects and the changes made at the last
workshop meeting.
The Commissioners reviewed projects proposed for the Board of
Education and Hagerstown Community College (HCC). Dr. Guy
Altieri, President of HCC, requested $1.65 million in FY 05 for
renovations to the Career Programs Building. William Blum,
Chief Operating Officer for the Board of Education, reviewed
their requests for the CIP budget. Mr. Blum indicated that
their request is for $10 million with the majority of funds
being used for the new Maugansville Elementary School. Other
funding would be used for Salem Avenue Elementary and ADA
projects.
The Commissioners then reviewed projects submitted by the Solid
Waste Department, Water Quality Department, Airport, and
Transportation Department. Greg Murray, Director of the Water
Quality Department, explained the upgrades necessitated by the
Enhanced Nutrient Removal (ENR) project mandated by the Maryland
Department of the Environment.
(Commissioner Nipps was excused from the meeting at 2:00 p.m.)
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wivell, seconded by Munson, to
convene in closed session at 3:07 p.m. to consult with counsel
to obtain legal advice and consider matters that concern
proposals for businesses or industrial organizations to locate,
expand, or remain in the State, 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 Wivell, to
reconvene in open session at 4:28 p.m. Unanimously approved.
In closed session, the Commissioners consulted with counsel to
obtain legal advice on two (2) matters and considered matters
that concern proposals for businesses or industrial
organizations to locate, expand, or remain in the State.
Present during closed session were Commissioners Gregory I.
Snook, William J. Wivell, James F. Kercheval, and John C.
Munson. Also present at various times were Rodney Shoop, County
Administrator; Richard Douglas, County Attorney; Joni Bittner,
County Clerk; Tim Troxell, Executive Director of the Economic
Development Commission (EDC); Gerald Hoak, EDC member; and Gary
Rohrer, Director of Public Works.
RECESS
The Commissioners recessed at 4:28 p.m.
EVENING SESSION – KEEDYSVILLE MUNICIPAL BUILDING
The evening session was convened at 7:00 p.m. at the Keedysville
Municipal Building by President Gregory I. Snook with the
following members present: Vice President William J. Wivell and
Commissioners James F. Kercheval, and John C. Munson. Also
present were Keedysville Mayor Lee Brandenburg, and Council
members Matt Hull, Jackie Stranathan, and Barry Levey, as well
as Sharpsburg Mayor Hal Spielman and Council members Ralph
Hammond, Cathy Hammond, and Jeff Saylor.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Commissioner Kercheval followed
by the Pledge of Allegiance to the Flag by the full assemblage.
APPROVAL OF MINUTES – FEBRUARY 17, 2004
Motion made by Commissioner Munson, seconded by Wivell, to
approve the minutes of February 17, 2004, as amended.
Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Wivell reported on the MACo Legislative and
Taxation Committee meeting and provided an update on several
bills that they reviewed.
FEBRUARY 24, 2004
PAGE FOUR
Commission Munson reported on the meetings of the Fire & Rescue
Communications Advisory Board and the Agricultural Education
Center Board. He also provided each Commissioner with a copy of
President Bush’s State of the Union address.
Commissioner Kercheval reported on meetings of the Mental Health
Advisory Committee and the Public Golf Corporation Board. He
stated that Black Rock Golf Course has had some difficulty in
receiving insurance claims and asked that staff provide them
with an update. He stated that he met with a citizens group at
Pangborn Elementary School and with a representative of New Life
Fellowship Church regarding the old Dargan School property that
had been originally acquired from the County.
Commissioner Snook informed those in attendance that
Commissioner Nipps was absent due to a meeting in Annapolis. He
reported on the meetings of the Transportation Advisory
Committee and the Hagerstown-Washington County Metropolitan
Planning Organization (MPO).
CITIZENS PARTICIPATION
Ken Grove, attorney for Paul Crampton, indicated that he had
delivered a letter to each of the Commissioners earlier today
concerning the application of the Adequate Public Facilities
Ordinance (APFO). Mr. Grove stated that he and his client
recognize that the Commissioners have not had time to digest the
points raised in the letter, but asked that they consider their
comments regarding implementation of Article V of the APFO.
Tom Clemens commended the Commissioners for passing the APFO.
He stated that legislation introduced to provide the Washington
County Higher Education Association with collective bargaining
rights was not passed because the Commissioners did not support
it. He asked each of them to explain their position on this
issue. Commissioner Snook stated that it was the consensus of
the Board to remain neutral, as it correctly should be decided
between the Delegation and Hagerstown Community College. At
this time, Commissioners Wivell, Munson, and Kercheval outlined
their positions.
Ralph Hammond, Vice Mayor of Sharpsburg, asked about the
capacity remaining at the Sharpsburg wastewater treatment plant.
The Commissioners advised him to contact Greg Murray, Director
of the Water Quality Department, for the updated figures at the
plant.
Jackie Stranathan, Keedysville Town Council member, asked if the
Commissioners were aware of any plans to make any changes to the
Keedysville Library due to construction of the new branch
library in Boonsboro. The Commissioners stated that they are
not aware of any changes being contemplated by the Board of
Trustees of the Washington County Free Library for the branch in
Keedysville.
Barry Levey, Keedysville Town Council member, asked if the
Commissioners were considering making revisions to the Animal
Control Ordinance to give it more “teeth” than the existing
Ordinance. He stated that the Town has revised the Ordinance
and asked if the County wanted to adopt its amendment.
Cathy Hammond, Sharpsburg Town Council member, asked the
Commissioners to outline the actions they are taking with regard
to cable franchising.
APPOINTMENT – ANIMAL CONTROL AUTHORITY
Motion made by Commissioner Munson, seconded by Wivell, to
appoint Dr. Virginia Scrivener to the Animal Control Authority
for a three-year term. Unanimously approved.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, asked if the Commissioners
were interested in sending a letter to the Town of Williamsport
in support of the zoning changes required for Spirit Services.
It was the consensus of the Commissioners to send a letter of
support.
FEBRUARY 24, 2004
PAGE FIVE
TAX SET OFF PROGRAM
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 set off program. He then reviewed
calculations for the services included in the program - parks,
highways, and police. Commissioner Snook stated that, for
Fiscal Year 2004, the Town of Keedysville is estimated to
receive $2,772 and the Town of Sharpsburg would receive $3,976.
He noted that the tax setoff money for these municipalities is
applied toward the cost of a County deputy for 30 hours per
week. Commissioner Snook reminded the Mayor and Council that
Town employees are invited to utilize the safety programs
offered by the County. He stated that the Town might also want
to piggyback onto the County’s overlay contract.
Mayor Brandenburg discussed concerns about improvements needed
to Mt. Hebron Road. Commissioner Snook stated that there has
been some question whether this portion of the road is within
the Town limits or is a County-maintained road.
Adequate Public Facilities Ordinance
Commissioner Snook reviewed the County’s Adequate Public
Facilities Ordinance (APFO) with Town officials. He urged the
Towns to adopt the County’s ordinance or something similar to
address school capacity issues caused by growth in the Towns.
Commissioner Snook explained that any fees collected by the Town
on their behalf would be used for area schools and
infrastructure. The meeting was then opened for questions. The
Commissioners stated that County staff would be available to
discuss the APFO in more detail.
ADJOURNMENT
Motion made by Commissioner Kercheval, seconded by Wivell, to
adjourn at 8:20 p.m. Unanimously approved.
,
County Administrator
_____________________________________,
County Attorney
___________________________,
County Clerk