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May 4, 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.
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.
APPROVAL OF MINUTES –APRIL 27, 2004
Motion made by Commissioner Kercheval, seconded by Nipps, to
approve the minutes of April 27, 2004, as amended. Unanimously
approved.
INTRODUCTION OF NEW EMPLOYEES
Dee Hawbaker, Human Resources Administrator, introduced new
County employee L. Dean Wilkins (Water Quality Department).
The Commissioners welcomed Mr. Wilkins and wished him well in
his new position.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Nipps informed the Commissioners that she spoke to
the Government Class at Hagerstown Community College.
Commissioner Munson requested that the Commissioners consider
providing additional funding for road repair from cash reserves
in the FY 2005 budget.
Commissioner Kercheval stated that he attended the farewell
dinner honoring Fred Teeter, previous Executive Director of the
Chamber of Commerce. He was a guest reader for the “Reading
Day” activities at Hagerstown Community College. Commissioner
Kercheval then reported on the Planning Commission meeting and
stated that the Tractor Supply site was approved and that he
would be meeting with representatives of Westfields regarding
development of an amenities schedule. He stated that he and
Gary Rohrer, Director of Public Works, met representatives of
Covenant United Presbyterian Church regarding the proposed
Robinwood Drive extension.
Commissioner Wivell stated that he presented a proclamation at
the Workers Memorial Tribute ceremony. He reported on the
meetings of the Cascade Committee, PenMar Development
Corporation, and Greenberry Hills Neighborhood Watch.
Commissioner Wivell distributed an article from Time Magazine
entitled “The Vexations of Voting Machines” outlining the
problems being encountered with electronic voting machines
throughout the country. The Commissioners discussed the request
made by the Blue Ridge Summit Library for funding in the amount
of $1,500.
Motion made by Commissioner Wivell, seconded by Kercheval, to
provide a donation of $1,500 to the Washington County Free
Library for the Blue Ridge Summit library in the FY 2005 budget.
Unanimously approved.
Commissioner Snook reported on the Chamber of Commerce meeting.
He stated that he received a letter from the State Highway
Administration notifying the County of a project on Pennsylvania
Avenue. He stated that he received notification of the State’s
ongoing financial contribution to the projects at the Airport.
Commissioner Snook reported on the Tri-County Council Executive
Board meeting. He informed the Commissioners that new
legislation was enacted to allow fire and emergency services
personnel to operate with Class C non-commercial drivers’
licenses. The legislation provides authorization for each
jurisdiction to decide which license classification they
require. The Commissioners agreed to provide the information to
the Emergency Services Council for a recommendation.
Commissioner Snook informed the Commissioners that he received
notification from the State Board of Elections on the new salary
schedule adopted for employees of the Election Boards. He also
noted that Realtor magazine cites the average home price in
Washington County in February 2004 as $189,000.
MAY 4, 2004
PAGE TWO
CONVENE SITTING AS THE BOARD OF HEALTH – PUBLIC HEARING TO
CONSIDER PROPOSED MODIFICATION TO ENVIRONMENTAL HEALTH FEES
William Christoffel, Health Officer, informed the Commissioners
that they are proposing to increase well cap fees from $80 to
$160 and to establish a fee for open burning permits of $50. He
stated that all other fees would remain the same. Laurie
Bucher, Director of the Environmental Health Division, provided
information on what other counties in the State are charging for
similar permits. The meeting was then opened for questions and
discussion.
Motion made by Commissioner Nipps, seconded by Wivell, to
convene sitting as the Board of Health at 10:09 a.m.
Unanimously approved.
The Commissioners convened a public hearing in order to hear
comments regarding proposed changes to the fees for services
from the Environmental Health Division of the Washington County
Health Department. Commissioner Snook announced that the meeting
was open for public comment. Barbara Hovermill spoke in favor
of the Health Department’s proposal.
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the fee schedule as proposed by the Environmental Health
Division of the Health Department to increase well cap permits
to $160 which would become effective on July 1, 2004, and to
implement a commercial open burning permit of $50 to become
effective immediately. Unanimously approved.
The Commissioners adjourned as the Board of Health at 10:13
a.m.
CITIZENS’ PARTICIPATION
There was no one present who wished to participate.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, reminded the Commissioners
of the budget hearing tonight at 7:00 p.m.
APPOINTMENT OF THE 2004 SALARY STUDY COMMISSION
Richard Douglas, County Attorney, advised the Commissioners that
the governing statute in the Annotated Code of Maryland requires
that the County Commissioners appoint a Salary Study Commission
to include the individual recommended by certain organizations
to the Commission. The Commission would study the salaries of
specific elected officials, including the County Commissioners,
Sheriff, Treasurer, Board of Education, Board of Supervisors of
Elections, Board of Liquor License Commissioners, and Judges of
the Orphans’ Court, and make a report of their findings. Mr.
Douglas stated that nominations were solicited from the eight
organizations set forth in the statute, with the exception of
the Washington County Taxpayers Association, which has been
disbanded. The slate of nominees is as follows: Rick Hemphill
(Democratic Party Central Committee of Washington County);
Philip Baker-Shenk (Republican Party Central Committee of
Washington County); John Peckyno (Washington County Chamber of
Commerce); Gerald Ditto (Washington County Farm Bureau);
Christine Madeo (League of Women Voters of Washington County);
Charles E. Shindle (Central Maryland AFL-CIO Council); Leslie
LeBlanc and Bonnie Blandford (Washington County Council of
PTAs). Mr. Douglas stated that the Committee would be
responsible for appointing a member to fill the vacant position
of the Taxpayers Association after its first meeting. He
assured the Commissioners that they are not bound by the salary
recommendations made by the Commission, but may not increase
them.
Motion made by Commissioner Nipps, seconded by Munson, to
appoint the following individuals to the 2004 Salary Study
Commission as required by the governing statue: Rick Hemphill
(Democratic Party Central Committee of Washington County);
Philip Baker-Shenk (Republican Party Central Committee of
Washington County); John Peckyno (Washington County Chamber of
Commerce); Gerald Ditto (Washington County Farm Bureau);
Christine Madeo (League of Women Voters of Washington County);
Charles E. Shindle (Central Maryland AFL-CIO Council); Leslie
LeBlanc and Bonnie Blandford (Washington County Council of
PTAs). Unanimously approved.
MAY 4, 2004
PAGE THREE
PROPOSED MORATORIUM ON NEW BILLBOARDS
Richard Douglas, County Attorney, reviewed a draft ordinance
establishing a moratorium on the construction of new billboards.
The Ordinance would allow staff the time to develop amendments
to the existing outdoor advertising regulations in the Zoning
Ordinance. It would be reviewed after ninety days to determine
whether it should be continued. Mr. Douglas stated that a
transition policy could deal with applications for site plans
for the construction of billboards that have already been filed
with the Planning Commission. The Commissioners reviewed the
proposed Ordinance and agreed to hold a public hearing on May
25. The meeting was then opened for questions. The
Commissioners discussed their concerns about applications
submitted prior to the hearing and agreed not to accept
additional applications for the construction of billboards until
the issue is resolved following the public hearing. Stephen
Goodrich, Interim Planning Director, stated that it would take
90 days for the Planning Commission to review the text changes
and make a recommendation.
Motion made by Commissioner Nipps, seconded by Kercheval, to
proceed to public hearing to consider an Ordinance to provide
for a moratorium on the construction of new billboards and to
discontinue accepting applications for billboard construction
effective this date to allow staff time to develop amendments to
the existing outdoor advertising regulations in the Zoning
Ordinance prior to the public hearing on proposed moratorium on
May 25. Motion carried with Commissioners Nipps, Kercheval,
Wivell, and Snook voting “AYE” and Commissioner Munson voting
“NO.”
BID AWARD – ELECTRICIAN SERVICES AT COUNTY FACILITIES
Motion made by Commissioner Munson, seconded by Kercheval, to
award the contract for electrician services at County facilities
to Kube Electric Co., Inc., which submitted the low responsive,
responsible bid of $26,500, with the following labor rates for
services: Regular Working Hours - Electrician $19.50, Helper
$12.40; Evenings & Saturdays - Electrician $30.00, Helper
$19.00; Sundays & Holidays - Electrician $30.00, Helper $19.00;
and Consulting & Design Service $40.00. The contract is a one-
year contract commencing July 1, 2004, with an option by the
County to renew for up to four additional one-year periods.
Unanimously approved.
CONTRACT RENEWAL REQUEST – CONTRACT SERVICES AT TRANSFER
STATIONS
Motion made by Commissioner Munson, seconded by Kercheval, to
renew the contract for contract services at transfer stations to
Peck’s Refuse Disposal, LLC, with the requested increases, for
the total cost of $263,112. Unanimously approved.
PROCESS SERVICE IN DISTRICT COURT
Richard Douglas, County Attorney, informed the Commissioners
that the Honorable W. Milnor Roberts, Administrative Judge of
District 11 of the District Court of Maryland, has indicated
that he would hand-deliver an order directing that the Sheriff
assume the duties of serving all civil and criminal process and
papers for the District Court of Maryland for Washington County
effective July 1, 2004. Mr. Douglas stated that this order is
entered pursuant to Md. Code, Courts and Judicial Proceedings,
Section 2-605. The meeting was then opened for questions and
discussion. The Commissioners asked Sheriff Mades to evaluate
the cost of the program on an annual basis and, if they exceed
projected revenues, to request that the State recoup costs to
the County. The Sheriff stated that he would like to see the
Judicial Division’s budget adjusted accordingly to show these
costs.
Motion made by Commissioner Nipps, seconded by Wivell, to
authorize the Sheriff’s Office to assume the duties of serving
all civil and criminal process and papers for the District Court
effective July 1, 2004, as outlined by Sheriff Mades at his
presentation on April 20, 2004 and adjust his budget
accordingly, upon receipt of an order from the Administrative
Judge. Unanimously approved.
MAY 4, 2004
PAGE FOUR
RECESS – LUNCH
The Commissioners recessed at 11:32 a.m. for lunch.
Commissioner Nipps was excused from the meeting at this time.
AFTERNOON SESSION
The afternoon session was called to order at 1:04 p.m. by
President Gregory I. Snook, with the following members present:
Vice President William J. Wivell and Commissioners James F.
Kercheval and John C. Munson,.
HUMANE SOCIETY BUDGET DISCUSSION
Paul Miller, Executive Director of the Humane Society of
Washington County (HSWC), met with the Commissioners to continue
discussions on the request for additional County funding for the
agency. Mr. Miller provided information on salaries and the
results of a survey showing a comparison of animal control costs
in other counties in the State of Maryland. He stated that they
hope to obtain additional revenues from licensing fees. Mr.
Miller also provided examples of programs they are working on
and provided a chart showing admissions and dispositions in the
shelter in FY 2003. Mr. Miller provided copies of financial
statements and supplementary information for nine months ending
March 31, 2004.
The Commissioners had additional questions about the HSWC’s
budget and asked for information on field service, hours of
operation, and the number of days they hold animals.
Commissioner Kercheval stated that the HSWC should determine a
total dollar figure for animal control costs in order to justify
the increase they are requesting in the budget. He expressed
concerns that the cost in Washington County appears to be higher
than other jurisdictions in the categories of costs per animal
and costs per household. Mr. Miller stated that he would meet
with his Board of Directors and provide the information that was
requested.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Kercheval, seconded by Munson, to
convene in closed session at 2:05 p.m. to consider personnel
issues that affect one or more specific individuals, consult
with counsel to obtain legal advice, consult with staff about
potential litigation, discuss public security, if the public
body determines that public discussion would constitute a risk
to the public or to public security, including the deployment of
fire services and staff, 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 Wivell, seconded by Munson, to
reconvene in open session at 4:08 p.m. Unanimously approved.
In closed session, the Commissioners considered two (2)
personnel issues that affect one or more individuals, consulted
with counsel to obtain legal advice on three (3) matters,
consulted with staff about potential litigation, and discussed
public security, if the public body determines that public
discussion would constitute a risk to the public or to public
security, including the deployment of fire services and staff.
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 W. Douglas, County Attorney; John M.
Martirano, Deputy County Attorney; Duane Gigeous, Part-time
Assistant County Attorney; Joni Bittner, County Clerk; David
Hankinson, Director of Human Resources; and Joe Kroboth, II,
Director of the Department of Emergency Services.
RECESS
The Commissioners recessed at 4:08 p.m.
EVENING SESSION - PUBLIC HEARING - PROPOSED FISCAL YEAR 2004
BUDGET AND CONSTANT YIELD TAX RATE
The evening session of the Board of County Commissioners of
Washington County, Maryland, was called to order in the Kepler
Theater at Hagerstown
MAY 4, 2004
PAGE FIVE
Community College at 7:00 p.m. by President Gregory I. Snook
with the following members present: Vice President William J.
Wivell and Commissioners James F. Kercheval, Doris J. Nipps, and
John C. Munson. The public hearing was held to consider the
proposed Fiscal Year 2005 budget for Washington County and to
set the current property tax rate.
Rodney Shoop, County Administrator, announced that this public
hearing is being held to permit the residents of Washington
County to comment on the Commissioners’ intention to continue
the property tax rate of $.948 per $100 of assessed full value
Section 6-308, Tax-
for the Fiscal Year 2004 as required by
Property Article, Annotated Code of Maryland,
and to review the
proposed Fiscal Year 2004 budget as advertised. Mr. Shoop also
stated that the Commissioners would continue an interest rate of
6% on semi-annual tax payments. Mr. Shoop announced, in
accordance with provisions of the Tax Property Article, that the
Board of County Commissioners hope to adopt the tax rate for
Fiscal Year 2005 on Tuesday, May 11, 2004, in the Commissioners’
meeting room in the County Administration Building. Mr. Shoop
stated that comments may be sent to the Commissioners at 100
West Washington Street or via the Internet at .
www.washco-md.net
Mr. Shoop presented Washington County’s vision and mission
statements and the 2004 goals. He indicated that the proposed
budget is a balanced budget that provides significant increases
in funding for education and improves funding for public safety.
Mr. Shoop stated that the Board of Education funding for FY 2005
is $95.5 million, which includes operations, capital, debt,
school health nurses, crossing guards, and new buses. He also
reviewed the projected revenues for fiscal year 2005 for
property tax, income tax, and other sources. Mr. Shoop reviewed
the proposed General Fund budget of $147,999,415; the Capital
Improvement Projects budget of $30,119,703; the Special Revenue
Funds (Highway Funds - $6,784,570 and Solid Waste Fund -
$6,200,035); the Transportation Fund - $1,771,150; Airport Fund
- $1,480,110; Golf Course Fund - $1.249,700; Utility Fund -
$2,570,706; Water Fund - $1,195,836; Sewer Fund - $9,803,552;
Pretreatment Fund - $1,460,000; Foreign Trade Zone - $7,000;
Agricultural Education Center Fund - $150,530; and Inmate
Welfare Fund - $378,000. He stated that the total proposed
budget is $211,873,442. The hearing was then opened for public
testimony. After all testimony was given, Commissioner Snook
adjourned the hearing at 7:40 p.m.
____________________________
County Administrator
____________________________
County Attorney
,
County Clerk