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December 7, 2004
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 8:30 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.
APPROVAL OF MINUTES – NOVEMBER 30, 2004
Motion made by Commissioner Wivell, seconded by Nipps, to
approve the minutes of November 30, 2004, as amended.
Unanimously approved.
INTRODUCTION OF NEW EMPLOYEES
Dee Hawbaker, Human Resources Administrator, introduced new
County employees Patrick Kemmerer (Sheriff’s Patrol), Jason
Eckstine (Airport), and Anthony Mace (Engineering). The
Commissioners welcomed the new employees and wished them well in
their new positions.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Nipps reported on the sessions she attended at the
Maryland Association of Counties (MACo) winter conference.
Commissioner Munson reported on the Solid Waste Advisory
Committee meeting.
Commissioner Wivell stated that he attended the MACo conference,
the Antietam Battlefield Memorial Illumination, and the Highway
Department Christmas party. He informed the Board that he and
Commissioner Kercheval met with the Agricultural Land
Preservation Advisory Board to discuss preservation programs.
He stated that he received a letter regarding the implementation
of T-hangar regulations at the Hagerstown Regional Airport.
Commissioner Nipps, the Commissioner representative on the
Airport Advisory Commission, explained that the new measures are
being taken to meet FAA security regulations and that the
Commission has discussed the matter and given its support of the
new requirements.
Commissioner Kercheval provided highlights from the MACo
conference, which included sessions on text messaging for
Permits & Inspections inspectors, green buildings, and all-
terrain vehicles (ATVs). He informed the Commissioners that the
Hagerstown Mayor and City Council would be discussing the
adoption of an APFO policy at its meeting tonight. He stated
that the County should forward its comments to them before the
meeting. Commissioner Kercheval provided a summary of the
Planning Commission meeting.
Commissioner Snook reported on the Chamber of Commerce board
meeting. He provided information on the Convention and Visitors
Bureau’s annual meeting. He also informed the Board that he
received a letter from the State Comptroller’s office promoting
electronic filing for income tax. Commissioner Snook
complimented Joe Kroboth, Director of Emergency Services, and
his staff for the manner in which they handled the recent
situation involving the City’s water main break. The
Commissioners agreed to schedule a joint meeting with the City
of Hagerstown and the Local Delegation to the General Assembly
to review 2005 legislative initiatives. Rodney Shoop, County
Administrator, stated that a meeting has been tentatively
scheduled for December 16.
REPORTS FROM COUNTY STAFF
Michael Thompson, Director of Planning, informed the Board of a
proposed amendment to subdivision regulations regarding the
length of cul-de-sacs.
Gary Rohrer, Director of Public Works, informed the
Commissioners that the County’s salt domes are fully stocked for
de-icing purposes. He stated that the Water Quality Department
offered to make its resources available to assist the City in
repairing the water main break. Mr. Rohrer indicated that he
was working with the development community regarding road
adequacy regulations.
DECEMBER 7, 2004
PAGE TWO
Jaime Dick, Director of the Recreation Department, and John
Whitman, Program Administrator, provided an update on the
success of the Recreation Department’s summer programs. They
distributed copies of the winter program schedule.
FOREST GLEN COMMONWEALTH HISTORY HERITAGE GROUP
Tom Riford, Director of the Hagerstown-Washington County
Convention and Visitors Bureau (CVB), introduced Rick Lank and
Rebecca Rush representing the Forest Glen Commonwealth (FGC), a
non-profit organization that is proposing to develop a new
museum in the Cearfoss area with a goal to energize history.
Mr. Riford outlined other projects that FGC has done in the
area. Mr. Lank and Ms. Rush stated that the Heritage Education
Center project at Cearfoss would be for multi-state heritage
tourism routes and would compile data and stories linking
battlefields with care facilities located across America.
Mr. Lank distributed information on their plans to purchase a
property in Cearfoss. He requested that the County provide a
low-interest loan of $60,000 to secure the property.
Commissioner Snook explained that the group must first be
included on the list of approved organizations to which the
County may contribute funds. He suggested that they contact the
County Attorney’s office if they wish to be included on the
list. He also asked that they also submit their business plan.
PROPOSED ADDRESS CHANGE FOR PRIVATE DRIVE
Michael Thompson, Director of Planning, met with the
Commissioners to discuss the proposed address change for a
private lane off of Rohrersville Road. Mr. Thompson stated that
the Planning Department staff reached this decision as it
determined that up to ten lots would be utilizing the private
lane. He informed the Board that it has been the policy of the
County since the addressing system was implemented in the late
1980s to name lanes that serve over three lots to assist
emergency services in locating residences. The residents asked
that the County not change the name of the lane and indicated
that they believe they would still receive timely fire and
rescue service if it were not changed. Mr. Thompson stated that
the residents did not like the proposed name submitted by the
Planning staff but they had submitted two other names that were
acceptable to the County. The Commissioners discussed the
information provided. Mr. Thompson informed the Commissioners
that the staff is also working on other cases that were brought
to their attention.
Motion made by Commissioner Nipps, seconded by Kercheval, to
adhere to County policy and make the address changes to the
private lane off Rohrersville Road. They agreed to allow the
residents up to one year to make the change and to allow them to
choose the name for the lane within the next 60 days.
Unanimously approved.
FEDERAL FUNCTIONAL CLASSIFICATION SYSTEM
Michael Thompson, Director of Planning, and Terry McGee, Chief
Engineer, met with the Commissioners regarding the Federal
Functional Classification system for highways. Mr. Thompson
explained that the Federal Aid Highway Act of 1973 requires the
update of the functional classifications for roads in both urban
and rural areas of the County. He stated that the Commissioners
originally heard the changes being proposed at the November 16
meeting and had asked for additional information. Mr. Thompson
explained the criteria used by the State Highway Administration
to classify the roadways and reviewed the changes being proposed
in Washington County. He emphasized that the system does not
limit the County on how it views roadways in the context of the
Comprehensive Plan and does not set design standards. This
system assists SHA in obtaining funds from the Federal Highway
Administration. Mr. McGee reviewed the proposed changes.
Motion made by Commissioner Nipps, seconded by Munson, to
authorize Gregory I. Snook, as President of the Board of County
Commissioners, to send a letter to the State Highway
Administration supporting the proposed changes in the Federal
Functional Classifications of highways for Washington County.
Unanimously approved.
DECEMBER 7, 2004
PAGE THREE
COUNTY ADMINISTRATOR’S COMMENTS
Commissioner Snook asked Rodney Shoop, County Administrator, to
have the Highway Department check the roadway on Oak Ridge Drive
at its intersection with Sharpsburg Pike for possible
improvements that may be needed. The Commissioners also agreed
to send a letter to the Transportation Advisory Committee
regarding the striping at the left-turn lane on Leitersburg Pike
onto Eastern Boulevard. Mr. Shoop informed the Commissioners
that he attended the Greater Hagerstown Committee’s (GHC)
meeting with the Local Delegation and reviewed their legislative
priorities for 2005.
FINAL CLOSE OUT CHANGE ORDER – ROADWAY RECLAMATION AND
RECYCLING
Motion made by Commissioner Nipps, seconded by Wivell, to
approve the final close-out change order with C. William Hetzer,
Inc. for the 2004 Roadway reclamation and recycling program for
the decreased amount of $49,971.88. Unanimously approved.
REAPPOINTMENTS – AREA AGENCY ON AGING ADVISORY COUNCIL
Motion made by Commissioner Nipps, seconded by Kercheval, to
reappoint Emma Lou Comstock and Carl Howe to the Area Agency on
Aging Advisory Council for three-year terms and to appoint Mary
Alice Schaeffer for a three-year term. Unanimously approved.
CITIZENS’ PARTICIPATION
There was no one present who wished to participate.
PUBLIC HEARING – AGRICULTURAL PRESERVATION DISTRICTS (AD-04-001
AND AD-04-002)
The Commissioners convened a public hearing to consider
applications AD-04-001 and AD-04-002 for ten-year agricultural
preservation districts. Eric Seifarth, Farmland Preservation
Planner, reviewed the applications and provided information
regarding the program. He stated that the Agricultural Land
Preservation Advisory Board has approved them and that the
Planning Commission has found that granting the applications
would be consistentwith the Comprehensive Plan. The hearing was
then opened for public comment. Mrs. Barr spoke in support of
her application. Tabitha Gargano, Bonnie Welty, and Shelley
Smith, also spoke in support of the Barr application.
Motion made by Commissioner Munson, seconded by Kercheval, to
approve applications AD-04-001 (submitted by Phyllis Barr) and
AD-04-002 (submitted by Karl Werder), for 10-year agricultural
land preservation districts as presented. Unanimously approved.
CANDIDATE SITE FOR FOREST CONSERVATION ACT PROGRAM
Elmer Weibley, District Manager of the Washington County Soil
Conservation District, met with the Commissioners to review a
candidate for a planting and retention site utilizing the Forest
Conservation Fund. Mr. Weibley stated that Frank and Joan
Taylor own the site. It has a total new planting of 2.2 acres
and existing forest of 3.3 acres, located at Geeting Road in
Keedysville. All costs for the project will come from the
Forest Conservation Fund.
Motion made by Commissioner Munson, seconded by Nipps, to
approve the property owned by Frank and Joan Taylor for planting
and retention sites for the Forest Conservation Fund.
Unanimously approved.
RENTAL ASSISTANCE PROGRAMS
Commissioner Munson presented Richard Willson, Director of the
Housing Authority of Washington County, with a Certificate of
Merit in recognition of the 100% score the Housing Authority
received from the Department of Housing and Urban Development
for its management of the Section 8 Voucher Program in fiscal
year 2004. Mr. Willson thanked the Commissioners for the
certificate. He stated that the scoring system looks at key
statutory requirements that show that waiting lists are being
properly maintained, rents are being tested to assure that they
are reasonable, income is being verified, and rents are being
correctly calculated. Mr. Willson stated that financial
resources to assist lower
DECEMBER 7, 2004
PAGE FOUR
income families are shrinking while home prices and rents are
rapidly rising. He asked the Commissioners to consider adopting
an inclusionary zoning or affordable housing program that could
assist with homeownership.
RECESS – ANNUAL DEPARTMENT OF SOCIAL SERVICES LUNCHEON
The Commissioners recessed at 11:41 a.m. in order to attend the
annual Department of Social Services luncheon.
AFTERNOON SESSION
The afternoon session was called to order at 1:32 p.m. by
President Gregory I. Snook, with the following members present:
Vice President William J. Wivell and Commissioners James
Kercheval, John Munson, and Doris Nipps.
WASHINGTON COUNTY REAL ESTATE PROPERTY TAX CREDITS
Todd Hershey, County Treasurer, reviewed the list for
authorization to grant real estate property tax credits for
fiscal year 2004. The credits are granted in accordance with
Section 9-301 of the Tax-Property Article of the Annotated Code
of Maryland, among other provisions.
Mr. Hershey reported that there are several types of credits
included in the "Authorization to Write Off Uncollectible Taxes"
report: 1) Payment-in-Lieu-of-Taxes; 2) Ruritan clubs and civic
organization credits; 3) Special credits; 4) Enterprise zone -
Airport; 5) Enterprise zone - Hancock; 6) Enterprise zone -
Interstate 81; 7) Enterprise zone - Hagerstown. The adjustments
are made in accordance with Section 9-323 of the Tax-Property
Article of the Annotated Code of Maryland, among other
provisions.
Motion made by Commissioner Wivell, seconded by Munson, to
approve the "Authorization to Write Off Uncollectible Taxes" for
2004 as presented. Unanimously approved.
PROPOSED REVISIONS – WASHINGTON COUNTY HIGHWAY ADEQUACY POLICY
Gary Rohrer, Director of Public Works, and Terry McGee, Chief
Engineer, met with the Board to review the proposed revisions to
the Washington County Highway Adequacy Policy. Mr. Rohrer
explained that the revisions would place more responsibility on
new and redevelopment projects for their impact on the highway
infrastructure. He stated that he would review the changes with
interested parties over the next several weeks and return to the
Board with the final document for adoption. He then reviewed
the changes being proposed in the categories of Road Elements,
Pavement Condition, Clear Width, Weight Limit Minimums, Traffic
Operations, and Exemptions. The meeting was opened for
questions and discussion. Mr. Rohrer stated that today’s
presentation was for informational purposes and that they would
allow time for the Commissioners to review the information and
make comments before bringing it back for future discussion.
UNITED WAY CAMPAIGN RESULTS AND DRAWING
Angie Helfrick, Chairperson for the County’s 2004 United Way and
Community Health Charities annual campaign, appeared before the
Commissioners to provide the results of this year’s campaign.
Ms. Helfrick stated that County employees raised $50,549 of
which $39,808 was for the United Way and $10,741 for Community
Health Charities. This was a 19% increase over 2003. She
informed the Commissioners that 43 employees also volunteered at
four different locations during the United Way “Day of Caring.”
The Commissioners then drew names to determine the winners of
the incentive prizes for the 2004 United Way campaign.
Commissioners recognized Deputy Billy Nutter with a Certificate
of Merit for his outstanding support and assistance of the
United Way campaign at the Sheriff’s Department where 99 out of
102 employees participated. Guy Knepper, Rick Needy, and Dave
Izat were the winners of three Valley Mall gift certificates and
Gina Cirincion won the American Eagle statue donated by
Commissioner Nipps. Rodney Shoop, County Administrator, thanked
Ms. Helfrick for serving as the United Way chairperson.
DECEMBER 7, 2004
PAGE FIVE
YOUTH OF THE MONTH AWARDS – OCTOBER 2004
Commissioner Kercheval presented a Certificate of Merit to
Dereck R. Hewitt in recognition of his selection as the October
2004 Youth of the Month (High School) and Commissioner Nipps
presented a Certificate of Merit to Kelsey Hovermale as the
recipient of the October 2004 Youth of the Month (Middle School)
as recommended by the Washington County Community Partnership
for Children & Families (WCCP). The Commissioners commended them
for their leadership, academic and extra-curricular activities.
Commissioner Snook stated that they would also receive a $50
savings bond from the WCCP.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wivell, seconded by Munson, to
convene in closed session at 2:36 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; and consider matters that concern
proposals for businesses or industrial organizations to locate,
expand, or remain in the State, in accordance with Section 10-
508 of the State Government Article of the Annotated Code of
Maryland. Unanimously approved.
(Commissioner Kercheval was excused from the meeting at 3:35
p.m.)
RECONVENE IN OPEN SESSION
Motion made by Commissioner Munson, seconded by Wivell, to
reconvene in open session at 4:01 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 one (1) matter; 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 M. Shoop, County Administrator; John
Martirano, Deputy County Attorney; Joni Bittner, County Clerk;
Gary Rohrer, Director of Public Works; Michael Thompson,
Director of Planning; and Tim Troxell, Executive Director of the
Economic Development Commission.
APPOINTMENT – BOARD OF ZONING APPEALS
Motion made by Commissioner Wivell, seconded by Munson, to
appoint David Williams to the Board of Zoning Appeals to fill
the unexpired term of Kirk Downey, which extends to June 30,
2005. Unanimously approved.
ADJOURNMENT
Motion made by Commissioner Nipps, seconded by Kercheval, to
adjourn at 4:02 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,
County Clerk