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March 2, 2004
Hagerstown, Maryland
The Commissioners attended the “State of the City” forum
sponsored by the Hagerstown-Washington County Chamber of
Commerce at the Clarion Inn & Convention Center at 7:30 a.m.
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.
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.
INTRODUCTION OF NEW EMPLOYEES
Dee Hawbaker, Human Resources Administrator, introduced new
County employees Tina Bowers (Emergency Services Department),
Jesse Burcker (Permits & Inspections), and Norma Harne (State’s
Attorney’s Office). The Commissioners welcomed the new
employees and wished them well in their new positions.
CITIZEN OF THE MONTH AWARD – FRANK MURRAY
The Commissioners honored Frank Murray as the Citizen of the
Month for February 2004. Commissioner Munson read the
proclamation, which will be presented to Mr. Murray at his home
later today. Mr. Murray was honored for serving more than 20
years as a volunteer Emergency Services Technician with the
Community Rescue Service and as Chief for 10 years. Mr. Murray
continued to serve the citizens of the community while living
with the challenges that Multiple Sclerosis imposed on him and
set an example for all citizens through his courage and
dedication to public safety.
APPROVAL OF MINUTES – FEBRUARY 24, 2004
Motion made by Commissioner Wivell, seconded by Nipps, to
approve the minutes of February 24, 2004, as amended.
Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Munson reported on the Solid Waste Advisory
Committee meeting. He informed the Commissioners that he spoke
to a citizen who is planning to build a community center and
park near Maugansville and conveyed questions about the possible
changes in zoning that could occur due to the implementation of
the Comprehensive Plan. The Commissioners responded that upon
final plat approval he could proceed even if the zoning would
change.
Commissioner Nipps informed the Commissioners of her meeting
with State Treasurer Nancy Kopp and Delegation members regarding
House Bill 1230. The proposed legislation deals with options
recommended by the Task Force to Study Public School Facilities.
She noted that, using the model outlined in the draft, the State
funding percentage for school construction projects in the
County would be lowered by six percent. Commissioner Nipps
stated that she testified at a Generaly Assembly session on
Thursday regarding the legislation and asked the Committee to
consider amending the options.
Commissioner Wivell reported on the MACo Legislative Committee
meeting. He stated that they voted to support the Public
Schools Facilities bill with the proposed amendments. He stated
that the Maryland Department of the Environment and the Health
Department have “backed off” their position regarding Devil’s
Backbone Park and are allowing use of the restrooms with the
condition that the sinks be disconnected.
Commissioner Kercheval reported on the Planning Commission
meeting. He stated that owners of several small subdivision
lots met with them to discuss the transition policy adopted last
week. Commissioner Kercheval reminded the Commissioners of the
rezoning hearing scheduled for March 8. He stated that he met
with Secretary Flanagan of the Department of Transportation and
City representatives to discuss a partnership for
MARCH 2, 2004
PAGE TWO
funding of improvements to Route 40 East. Secretary Flanagan
indicated that the State was willing to proceed with the
engineering study. Commissioner Kercheval informed the
Commissioners of the Mental Health Advisory Committee’s new web
site.
Commissioner Snook informed the Commissioners that Roxanne Ober
is the Board of Education’s liaison to the County. He reminded
them that the next Municipal League meeting is scheduled for
March 22. Commissioner Snook noted that he received a letter
from Associated Builders & Contractors asking the Commissioners
to support House Bill 396, which would increase the State
percentage of funds for school construction. He reported that
the Board of Education Facilities Committee would meet on March
18. Commissioner Snook stated that he received a letter from a
citizen in the Cascade area thanking the County Highway
Department for doing such a fine job in snow removal operations.
He also reported on the meeting of the Board of Directors of the
Chamber of Commerce.
REPORTS FROM COUNTY STAFF
Revision on Contract – Aramark Correctional Services, Inc.
Karen Luther, Purchasing Agent, informed the Commissioners that
Lieutenant Van Evans had been negotiating with Aramark
Correctional Services, Inc. regarding the additional $.02/meal
increase to inmate meals that was to be charged in the contract
that was approved last week. She stated that they received a
decision from Aramark that they would not be charging the County
the additional $.02 per meal. Ms. Luther indicated that this
would save the County approximately $7,500 per year.
Motion made by Commissioner Munson, seconded by Wivell, to
rescind the additional $.02/meal increase to inmate meals on the
contract approved with Aramark Correctional Services, Inc. for
inmate meals at the Detention Center, as approved on February
24, 2004. Unanimously approved.
Permission to Fill Position – Water Quality Utility Worker II
Motion made by Commissioner Wivell, seconded by Kercheval, to
authorize filling the vacant Utility Worker II position at the
Water Quality Department (Grade 6). Unanimously approved.
PROPOSED PAVEMENT MANAGEMENT PROGRAM
Gary Rohrer, Director of Public Works, met with the
Commissioners to provide information on the implementation of a
pavement management system, which is one of the County’s 2004
goals. Mr. Rohrer stated that he would be returning to the
Board for final approval before retaining the services of a
consultant to implement the system.
Mr. Rohrer explained that the pavement management software would
assist the staff in assessing and projecting the cost of repair
of County highway pavement as well as ranking them in priority.
He stated that the Division of Public Works is still in the
process of gathering information but they feel that the County
could “piggyback” onto the contracts of other Maryland counties
that have developed the same system to document their highway
network assets and establish pavement ratings. Mr. Rohrer
provided a diagram from a video-based asset tracking process and
outlined the advantages of having a pavement management system.
The meeting was then opened for questions and discussion.
Mr. Rohrer stated that it his goal to have the system up and
running this spring in order to obtain data to prepare next
year’s CIP budget.
CITIZENS PARTICIPATION
There was no one present who wished to participate.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners
that an administrative interpretation was made by staff to
charge mobile homes the same rate as multi-family homes under
the Building Excise Tax Ordinance. The multi-family rate is
$1.00 per square foot versus $.25
MARCH 2, 2004
PAGE THREE
per square foot for single-family residences. Mr. Shoop
recommended amending the Ordinance to allow mobile homes to be
charged the single-family fee and to refund the difference to
the mobile home owners who had paid the multi-family rate.
After discussion, the Commissioners agreed to take this matter
under consideration. It was the consensus to consider all
definitions in the ordinance to assure that it is consistent in
how it is addressed.
CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET DISCUSSION
The Commissioners conducted a budget workshop to discuss the
projects submitted for the Capital Improvement Program (CIP) for
Fiscal Years 2005 - 2010. Debra Bastian, Director of Finance,
provided a summary of the projects and the changes made at the
last workshop meeting.
Mr. Shoop reviewed the funding sources involved in the CIP
budget. He stated that the Commissioners need to decide the
level of borrowing for the projects. Mr. Shoop indicated that
the staff is recommending going to the bond market for $10
million, which is $2 million below the limit of $12 million
outlined in the Debt Affordability Analysis. He stated that the
largest programs driving CIP budget are for projects submitted
by the Board of Education, Hagerstown Community College and the
emergency communications system.
RECESS – LUNCH
The Commissioners recessed at 11:57 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.
WASHINGTON COUNTY READING DAY – REQUEST FOR FUNDING
Kathleen O’Connell, representing the Washington County Free
Library, appeared before the Commissioners regarding Washington
County Reading Day. Ms. O’Connell stated that Partners in
Literacy have joined together to sponsor the second annual
reading day. She asked the Commissioners to proclaim May 1, 2004
as Washington County Reading Day and outlined the activities and
events that have been planned. She asked the Commissioners to
provide $1,000 to help defray the costs of transportation and
material.
Motion made by Commissioner Nipps, seconded by Munson, to
provide up to $1,000 from the Commissioners Contingency Fund to
assist the Washington County Free Library with Reading Day
events. Unanimously approved.
CIP BUDGET DISCUSSION – CONTINUED
The Commissioners continued discussions about the CIP budget and
possible bond funding. Commissioner Kercheval voiced his
support for following the Debt Affordability Policy and
borrowing $10 million. He stated that it would not save money
by delaying borrowing with the backlog of projects facing them
and considering the low interest rates that are available at
present. Commissioner Munson stated that he would not vote for
borrowing more than $8 million. Commissioner Nipps stated that
she feels the Commissioners need to come to a joint agreement
with the Board of Education regarding CIP projects and to better
utilize the recommendations made by a consolidation committee
report which was presented a few years ago. Commissioner Wivell
recommended using new revenues to lower projected borrowing.
Joe Kroboth, Director of Emergency Services, reviewed two
projects regarding the Department of Emergency Services. The
project listed in the FY ’05 CIP budget would be to renovate the
existing emergency services facility. He stated that the
projected cost is $350,000 for engineering and furniture. The
renovations would expand the office to include a new 911 console
and fire/rescue dispatch operations room. The second project is
preliminarily scheduled to begin in FY 2009 and would
consolidate emergency services operations in the County into one
facility. Mr. Kroboth stated that the proposed complex would
include a
MARCH 2, 2004
PAGE FOUR
new 911 Center, consolidated Police and Fire/Rescue
Communications Center, Emergency Operations Center, Fire
Department Special Operations Team, Emergency Air Unit, and the
Volunteer Fire & Rescue Association Office.
OVERVIEW OF FUNCTIONAL HIGHWAY CLASSIFICATION SYSTEM
Terry McGee, Chief Engineer, met with the Commissioners to
provide an overview of the functional highway classification
system. Mr. McGee explained that the Federal Highway Act of
1973 requires that all roads throughout the United States have
an assigned functional classification. Washington County
adopted a system in cooperation with the Maryland State Highway
Administration (SHA). The classification is determined by the
character of service that the roadway is intended to provide. He
then reviewed the types of road classifications and how changes
are reviewed. Mr. McGee informed the Commissioners that SHA
works with local jurisdictions to update the functional
classification system after the completion of each census or
when changes are made to urban boundaries. He stated that
County staff has met with SHA officials and endorsed a revision
to the urban boundary on the basis of the 2000 census data. Mr.
McGee indicated that staff would be meeting with SHA this spring
to address specific classification changes.
The Commissioners discussed the standards used for
classification. Mr. McGee stated that they recognize there are
problems with the standards and their relation to functional
classification. He indicated that the County would benefit from
the expertise of a transportation planner. Commissioner Snook
suggested using Metropolitan Planning Organization (MPO) funding
for a transportation study. Mr. McGee stated that a long-range
transportation planning study is in progress.
OVERVIEW OF TRIP GENERATION ESTIMATES FOR NEW DEVELOPMENT
Mr. McGee provided an overview of the procedures used to
estimate future traffic that can be expected from a proposed
development. He stated that most of the guidance for this work
is from the Institute of Transportation Engineers (ITE) and is
based on data collected from numerous types of development
throughout the United States.
Mr. McGee informed the Commissioners that the ITE Trip
Generation Manual and Trip Generation Handbook contain graphs,
equations and figures that have been developed by applying
statistical procedures to actual traffic data. He emphasized
the importance of correct trip estimates. The meeting was then
opened for questions from the Commissioners.
BID AWARD – CITICORP/NORTH COUNTY REGIONAL STORMWATER MANAGEMENT
POND PROJECT
Motion made by Commissioner Nipps, seconded by Wivell, to award
the bid for the Citicorp/North County Regional Stormwater
Management Pond project to David H. Martin Excavating, which
submitted the low responsive, responsible bid of $352,042.28 and
to relieve Environmental Construction Group, LLC without
prejudice. Unanimously approved.
PENMAR DEVELOPMENT CORPORATION
Ron Sulcheck, Chair of the Pen Mar Development Corporation
(PMDC) and PMDC members George Griffith, Peggy Bushey, John
Hershey III appeared before the Commissioners. Also present was
PMDC Executive Director Richard Rook. Mr. Sulchek asked the
Commissioners for their support in asking the Delegation to
withdraw House Bill 1251. He stated that PMDC would have no
continuity if the current Board were dismantled. Mr. Sulcheck
cited their ongoing negotiations with Lerner Enterprises for a
master developer lease as one of the major items that would be
affected by the legislation. He also questioned the
Delegation’s designation of it as emergency legislation.
Commissioner Snook stated that had requested that the Delegation
change the status from emergency legislation to allow for a
smooth transition of the Board, but that the Commissioners had
not taken a position on other provisions in the legislation.
Mr. Sulcheck also provided information on their presentation
before the Chamber of Commerce. The meeting was then opened for
questions and discussion. Mr. Sulcheck indicated that no formal
vote was taken by PMDC to oppose the legislation; however, it
was the
MARCH 2, 2004
PAGE FIVE
consensus of the Board to do so at their strategic planning
meeting. The Commissioners agreed to take this request under
consideration.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wivell, seconded by Nipps, to
convene in closed session at 3:48 p.m. to discuss a personnel
matter that affects one or more specific individuals, consult
with staff or other individuals about pending or potential
litigation, 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 Nipps, seconded by Munson, to
reconvene in open session at 4:45 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,
consulted with staff or other individuals about pending or
potential litigation, 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, John C. Munson, and Doris J. Nipps. Also present at
various times were Rodney Shoop, County Administrator; Richard
Douglas, County Attorney; Joni Bittner, County Clerk; John
Martirano, Deputy County Attorney; Duane Gigeous, Part-time
Assistant County Attorney; Cassandra Latimer, Economic
Development Commission (EDC) Marketing Specialist; Stephen
Christian, EDC Business Development Specialist; Robert Garver,
Regional Office of the Department of Business & Economic
Development;Richard Rook, Executive Director of the Pen Mar
Development Corporation (PMDC); and PMDC members Ronald Sulchek,
George Griffith, John Hershey, III, and Peggy Bushey.
RECESS
The Commissioners recessed at 4:45 p.m.
TAX SET-OFF MEETING – TOWN OF FUNKSTOWN
The evening session was convened at 7:00 p.m. at the Funkstown
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. Also present were Mayor Robert Kline, Assistant Mayor
Paul Crampton; and Funkstown Town Council members Kim Ramer,
John Phillips, Robert Rodgers, Jr., and Richard Nigh.
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 is estimated to receive $5,656.
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.
Adequate Public Facilities Ordinance
Commissioner Snook reviewed the County’s Adequate Public
Facilities Ordinance (APFO) with Town officials. He urged the
Town to adopt the County’s Ordinance or something similar to
address school capacity issues caused by growth in the Town.
Commissioner Snook explained that any fees collected by the Town
or 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.
MARCH 2, 2004
PAGE SIX
The Commissioners then discussed items of interest to the Town
officials. Mayor Kline informed the Commissioners of
difficulties the Town is having with the Permits & Inspections
Department in attaining the status of building permits using the
automated system for assigning permit numbers. The
Commissioners agreed to investigate this matter and develop a
better system. Barry Warrenfeltz, a resident of Funkstown, also
discussed his difficulties in obtaining information on permits.
Also discussed were the State’s new Enhanced Nutrient Removal
regulations and the need for a turn arrow at the traffic signal
near the Funkstown Fire Hall. Commissioner Snook agreed to
discuss this item with State Highway Administration officials at
the next Transportation Advisory Committee meeting. Council
member Kim Ramer read a letter regarding the loss of jobs at
Garden State Tanning and questioned how the County and State
determine the amount of funding provided for job retention.
Commissioner Kercheval explained how the process works in
funding incentives for economic development prospects.
ADJOURNMENT
Motion made by Commissioner Wivell, seconded by Kercheval, to
adjourn at 8:10 p.m. Unanimously approved.
,
County Administrator
_____________________________________,
County Attorney
___________________________,
County Clerk