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November 30, 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 Commission Snook, followed by
the Pledge of Allegiance to the Flag by the full assemblage.
APPROVAL OF MINUTES – NOVEMBER 15 & 16, 2004
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the minutes of November 15 and 16, 2004, as amended.
Unanimously approved.
CITIZENS’ PARTICIPATION
John Bartlett expressed his concerns with the Planning
Department’s policy to name the private lane where he resides in
the Rohrersville area to assist emergency services in finding
the residences. He stated that the residents of the lane were
notified that it must be named because there were more than
three dwellings on the lane. Other residents were in
attendance, including Wendy Smallwood, Christy Rogers, and
Michael Haller, who voiced their opposition to changes in their
addresses by naming the lane.
James Devine suggested that the Commissioners consider adopting
an ordinance, similar to the one adopted by the City of
Hagerstown, regarding landlord/tenant concerns to provide better
protection for tenants.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Kercheval reported on the meetings of the Local
Management Board and Public Golf Corporation. He stated that
there is additional acreage near Black Rock Golf Course that
could possibly be utilized as a site for a new school in the
future. He stated that he met with the Homebuilders’
Association and the Downtown Task Force for Revitalization. The
“2 + 2” Committee met with representatives of the Economic
Development Commission to discuss economic development in the
City of Hagerstown.
Commissioner Wivell stated that he attended an open house in the
Royal Oaks Subdivision, which was built by Oak Hill Enterprises.
He informed the Commissioners that he sat in on the Board of
Education meeting when they presented their legislative
priorities to the Washington County Delegation to the General
Assembly. Commissioner Wivell indicated that he attended a
recent tax seminar and suggested that the County may want to
consider utilizing health savings accounts.
Commissioner Munson stated that he recently attended Eagle Scout
ceremonies for two Boy Scouts. He asked when a plan on the use
of County vehicles and fuel conservation information would be
presented to the Board for their consideration. Rodney Shoop,
County Administrator, stated that they still need additional
information for the report but should be able to discuss this
issue in the near future.
Commissioner Nipps reported on the meetings of the Mental Health
Authority and the Airport Advisory Commission.
Commissioner Snook stated that he heard complimentary reports on
the flu shot clinic held by the Health Department. He reminded
the Commissioners that the Roads Department Christmas party is
scheduled for December 4. Commissioner Snook stated that
notification letters regarding the new State Bay restoration
fund were sent out last week. He informed the Commissioners
that the Street Acceptance Committee met and accepted 12,000
feet of roads into the County system. He stated that he
received notification from the Maryland Department of the
Environment that they granted a renewal of an air control permit
to St. Lawrence Cement. Commissioner Snook reported on the
meetings of the Emergency Services Committee and the
Transportation Advisory Committee. He stated that he recently
spoke at the Board of Realtors meeting regarding APFO fees.
NOVEMBER 30, 2004
PAGE TWO
UPDATE – SMITHSBURG BRANCH LIBRARY PROJECT
Gary Rohrer, Director of Public Works, along with Mary Baykan,
Director of the Washington County Free Library, Judith Ferro and
Lynn Shaw representing the Friends of the Smithsburg Library,
and Mickey Myers, Mayor of Smithsburg, met with the
Commissioners to provide an update on the Smithsburg Branch
Library project. Mr. Rohrer informed the Commissioners that the
design development stage is approximately 80% complete. He
noted that the final design stage with construction and bid
documents should be complete in late February 2005. Mr. Rohrer
reviewed the schematics of the proposed plan. He stated that
the architect’s current design is less than 9,000 square feet.
They hope to have the Notice to Proceed for the project in early
April.
Ms. Ferro and Ms. Baykan informed the Commissioners that a
total of $1,115,303.46 for the project is available. Ms. Ferro
listed the fundraising projects that were undertaken in the
community since the project began in 2002. Ms. Baykan
congratulated the community, which raised over 80% of the funds.
She also thanked the Town of Smithsburg which donated the land
and is waiving the hook-up fees. Commissioner Snook thanked the
group for the presentation and stated that the Board would like
to meet with Town officials to discuss the operational side of
the project.
CONTRACT AWARD – MARYLAND’S STATEWIDE SPECIAL TRANSPORTATION
ASSISTANCE (SSTAP) FOR THE WASHINGTON COUNTY PUBLIC
TRANSPORTATION DEPARTMENT
Motion made by Commissioner Nipps, seconded by Munson, to award
the contract to provide services to the Washington County Public
Transportation Department for Maryland’s Statewide Special
Transportation Assistance Program (SSTAP) to Turner Charter,
Inc., trading as Turner Van Service, the sole responsive,
responsible bidder, based on the bidder factor addition of ten
(10%) percent (fuel surcharge) to its 2004 Turner Charter
Service Pricing, a ten (10%) administrative fee or invoicing
surcharge, and a monthly cost of $1,000 per month for a wheel
chair lift equipped vehicle, for a six (6) month contract with
an option to renew for up to four (4) additional consecutive
one-year periods, contingent upon concurrence from the Maryland
Transit Administration. Unanimously approved.
BUDGET TRANSFER REQUEST – AGRICULTURAL EDUCATION CENTER
Motion made by Commissioner Munson, seconded by Kercheval, to
approve the request for a budget transfer request of $34,000
from the completed Agricultural Education Center Barn 4 (Phase
I) project to the stormwater management system upgrade project
at the Agricultural Education Center. Unanimously approved.
REAPPOINTMENT – AGRICULTURAL RECONCILIATION BOARD
Motion made by Commissioner Wivell, seconded by Kercheval, to
reappoint Michael Main to the Agricultural Reconciliation Board
for a three-year term. Unanimously approved.
RECESS – LUNCH
The Commissioners recessed at 12:02 p.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.
PROPOSED AMENDMENTS – TIP JAR REGULATIONS OF THE WASHINGTON
COUNTY GAMING OFFICE
Dan DiVito, former Gaming Director, and James Hovis, Gaming
Director, met with the Commissioners to review proposed
amendments to the Tip Jar Regulations of the Washington County
Gaming Office. Mr. DiVito explained that the majority of the
changes in the regulations are being requested to bring them
into conformity with the State statute. He reviewed each of the
proposed amendments and explained the reason for requesting the
changes in the regulations.
NOVEMBER 30, 2004
PAGE THREE
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the amendments in the Tip Jar Regulations of the
Washington County Gaming Office, as outlined by the former
Gaming Director. Unanimously approved.
UPDATE OF GEOGRAPHIC INFORMATION SYSTEM (GIS) SUBCOMMITTEE
Bud Gudmundson, GIS Coordinator, Alison Rice, representing
Environmental Systems Research Institute (ESRI), and Doug Adams,
GIS Manager for Baltimore County, appeared before the
Commissioners to provide an update on the GIS subcommittee. Mr.
Gudmundson explained that in this presentation he would provide
background information on the GIS system and how it is used in
Washington County and other counties. A second presentation in
January will deliver the final report complete with conclusions
and recommendations. He stated that the subcommittee was
appointed by the IT Steering Committee to address how to better
implement the GIS system in Washington County. The Steering
Committee has been meeting for the past year to provide a needs
analysis, determine what other counties in Maryland are doing
with GIS, and meet with software and service providers. All the
information will be placed in the report and recommendations to
be presented in January.
Mr. Gudmundson stated that GIS is a system for management,
analysis, and display of geographic knowledge, represented using
a series of information sets such as maps, layers, geographic
data sets, processing and work flow models, data models, and
metadata. He explained that more informed decisions can be made
since the data can be visualized and greater efficiencies in
operations could be achieved. Mr. Gudmundson informed the
Commissioners that Washington County began using GIS in 1991 in
the Planning Department. He stated that there is a need for
this technology in many departments.
Ms. Rice informed the Commissioners that she previously worked
for Allegany County and discussed various applications for GIS
in County departments. She stated that centralization of GIS is
now the trend in Maryland and reviewed its benefits. Ms. Rice
recommended that the County adopt an implementation plan before
proceeding. Mr. Adams provided examples of lessons he has
learned in working with GIS in both Harford and Baltimore
Counties. He reviewed information from a cost-benefit analysis
he performed in Baltimore County and spoke on budgeting for the
GIS system and the integration of GIS. The Commissioners
thanked them for the presentation and stated that they look
forward to hearing the Steering Committee’s recommendations in
January.
ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) – SCHOOL FEES
Gary Rohrer, Director of Public Works, and Mike Thompson,
Director of the Planning Department, met with the Commissioners
to discuss increasing APFO school fees from $7,355 to $8,500 per
dwelling. Mr. Rohrer stated that Section 5.4.2 of the
Washington County Adequate Public Facilities Ordinance provides
for annual adjustments due to cost increases in school. He
explained that when the Board instituted the APFO fees, the
initial amount used for the formula did not include site work
costs, which increases the average from $157 per square foot to
$180 per square foot. Mr. Rohrer outlined the formula used to
derive the monetary compensation paid by developers and reviewed
the school APFO tracking sheet by development. He provided a
hand-out showing different cost variables used in developing the
formula to determine “cost per student.” Mr. Rohrer stated that
the cost only reflects “bricks and mortar” costs and not
textbooks, furnishings, or equipment. The meeting was then
opened for questions and discussion.
Dr. Elizabeth Morgan, Rodney Turnbough and William Blum
attended, representing the Board of Education. Mr. Blum stated
that the formula assumed that the State would fund construction
of schools at its prior levels (65%), but this has not happened.
He indicated that the County would probably have to forward fund
or singularly fund the construction of new schools.
Commissioner Kercheval stated that the projections indicate that
there will be a shortfall in the amount needed for funding.
Commissioner Munson stated that he feels that existing schools
should be renovated rather than building new schools. The
Commissioners discussed
NOVEMBER 30, 2004
PAGE FOUR
the possibility of getting legislative approval to use excise
tax revenues for school construction to allow for more
flexibility. It was
the consensus of the Commissioners to increase the APFO for
schools as outlined with implementation to occur on December 1
for any subdivision phase/section that has not received final
approval from the Planning Commission.
Motion made by Commissioner Wivell, seconded by Kercheval, to
approve the recommendation to increase the APFO school fees as
stated in Section 5.4.2 from $7,355 to $8,500 per dwelling, to
become effective December 1, 2004, for any subdivision that has
not received final approval from the Planning Commission.
Unanimously approved.
FUNKSTOWN WATER & SEWER PLAN AMENDMENT – WS-04-004
Greg Murray, Director of the Water Quality Department, met with
the Commissioners regarding the Funkstown Water and Sewer Plan
Amendment. Mr. Murray stated that the Town has requested an
amendment for the purpose of building a new 200,000-gallon per
day wastewater treatment plant. The Town considered several
options that were presented, including one that would
alternatively transfer the Town’s flow through the City of
Hagerstown’s collection system to the County’s Conococheague
Wastewater Treatment plant. Mr. Murray reviewed in detail a
summary of costs associated with both options and explained how
the costs were derived. He informed the Commissioners that,
although the original financial analysis showed a benefit to the
Town in building its own facility, these factors have been re-
evaluated. The result shows that the regional concept could be
less costly long term and would accomplish the additional goals
of inflow and infiltration correction.
The Commissioners discussed Mr. Murray’s comments and opened the
meeting for comments from Town officials. Mayor Robert Kline,
Assistant Mayor Paul Crampton, and Council members Kim Rayer,
John Phillips, and Richard Nigh were in attendance. They
indicated that they were under a consent order from the Maryland
Department of the Environment and requested that the
Commissioners approve the request for water and sewer amendment
WS-04-004, to allow them to move forward with construction of a
new wastewater treatment plant if they decide to do so. Mr.
Crampton stated that the Mayor and Council have reviewed the
numbers and will consider the new information heard today before
making a decision.
Motion by Commissioner Kercheval, seconded by Wivell, to approve
Text Amendment WS-04-004, as presented at a joint public hearing
held September 20, 2004. Unanimously approved. (It was noted
for the record that, although Commissioner Wivell was not in
attendance at the public hearing on September 20, 2004, he did
listen to a recording of the hearing.)
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wivell, seconded by Nipps, to
convene in closed session at 3:57 p.m. to discuss the
appointment of appointees or officials over whom the Board has
jurisdiction and consider any other personnel matter that
affects one or more specific individuals; consult with counsel
to obtain legal advice, discuss a personnel matter that affects
one or more specific individuals, and consult with staff,
consultants or other individuals about pending or potential
litigation, 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 Kercheval, to
reconvene in open session at 5:11 p.m. Unanimously approved.
In closed session, the Commissioners discussed the appointment
of appointees or officials over whom the Board has jurisdiction
and consider any other personnel matter that affects one or more
specific individuals; consulted with counsel to obtain legal
advice on two (2) matters, and consulted with staff, consultants
or other individuals about pending or potential litigation.
Present during closed session were Commissioners Gregory I.
Snook, William J. Wivell, James F. Kercheval, John C. Munson,
NOVEMBER 30, 2004
PAGE FIVE
and Doris J. Nipps. Also present at various times were Rodney
M. Shoop, County Administrator; Richard Douglas, County
Attorney; John Martirano, Deputy County Attorney; Joni Bittner,
County Clerk; Gary Rohrer, Director
of Public Works; Joe Kroboth, Director of the Emergency Services
Department; Daniel DiVito, Director of Permits & Inspections;
Jim Hovis, Director of the Gaming Office; and Greg Murray,
Director of the Water Quality Department.
ADJOURNMENT
Motion made by Commissioner Munson, seconded by Wivell, to
adjourn at 5:11 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,
County Clerk