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February 8, 2005
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 9:45 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 – FEBRUARY 1, 2005
Motion made by Commissioner Wivell, seconded by Nipps, to
approve the minutes of February 1, 2005, as amended. Motion
carried with Commissioners Wivell, Nipps, Munson, and Snook
voting “AYE” and Commissioner Kercheval “ABSTAINING.”
INTRODUCTION OF NEW EMPLOYEES
Dee Hawbaker, Human Resources Administrator, introduced new
County employees Kristin Shank (State’s Attorney’s Office),
George Graham (Highway Department), Sam Stouffer, Jr., (Highway
Department), Joshua Bowman (Water Quality Department), and Ray
McGaha (Water Quality Department). The Commissioners welcomed
the new employees and wished them well in their new positions.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Nipps reported on the meetings of the Historic
District.
Commission and the Recreation and Parks Board. Commissioner
Kercheval reported on the Planning Commission meeting. He
informed the Commissioners that he attended a meeting regarding
the C-Safe Program. Commissioner Kercheval distributed a draft
copy of the informational pamphlet on service request procedures
for zoning violations that was developed by the Permits and
Inspections staff. He asked the Commissioners to review it
before it is printed in its final form.
Commissioner Wivell reported on his meeting in Annapolis with
the Delegation regarding several items including the proposed
amendments to the excise tax legislation and the bonus density
program.
Commissioner Snook reported on the Chamber of Commerce Executive
Board meeting. He distributed a proposal on affordable housing
that was presented to the County Commissioners in Jefferson
County, West Virginia. Commissioner Snook informed the
Commissioners of issues discussed at the Maryland Association of
Counties Legislative Committee meeting. He stated that the City
of Hagerstown is developing a plan to deal with the consent
order for interim sewer capacity.
DISCUSSION ON PROPOSED EXCISE TAX LEGISLATION
Commissioner Kercheval reviewed the most recent draft of the
proposed excise tax legislation. He stated that the
Commissioners must get any additional amendments to the
Delegation for a vote. The Commissioners agreed to the following
amendments: 1) Change the term “adopted” to “issued” in
Subsection (a)(2). 2) Raise the ceiling on the excise tax for
nonresidential building types from $1 per square foot to $5 per
square foot in Subsection (b)(2). 3) Include more flexibility in
Subsection (c)(3)(ii) to allow the Commissioners to expend or
encumber funds on any of the specified capital categories. 4)
Agree to the change from fixed amounts to percentages in
Subsection (c)(4). 5) Adapt language in Subsections (d)(1)(i)
and (d)(1)(i) to conform to Md. Code, State Finance and
Procurement Article, Section 5-7B-04(c)(1). 6) Remove Subsection
(3)(1)(i). 7) Request that a multiplier of two on the excise tax
be charged to large developers, which would be defined as
developments of more than twenty-five units. 8) Change “shall”
to “may” in Subsection (g)(1)to allow the Commissioners to
determine whether to grant tax credits for workforce housing. 9)
Eliminate the School Construction Review Committee in Subsection
(h)(1). 10) Eliminate Section 2(a) so that the details of a
transition policy can be adopted by the Commissioners.
FEBRUARY 8, 2005
PAGE TWO
CITIZENS’ PARTICIPATION
Tom Janus spoke to the Commissioners regarding the
recommendation made by the Boonsboro High School CAC to initiate
a County Council of Governments. Mr. Janus also expressed his
ideas on how to solve school enrollment construction problems
and retain small, community-based schools.
Doug Wright, member of the Board of Directors for Senior Living
Alternatives, informed the Commissioners that Holly Place and
North Holly Place would be closing as of March 18 due to new
State regulations that would reduce funding to their residents
who did not receive Medicaid waivers. Mr. Wright stated that
the facilities provide 24-hour assisted living care to 30
elderly low-income residents and that they are the only
facilities of this type in the County. Mr. Wright informed the
Commissioners that they are still working with the State to keep
them open at a reasonable cost and to guarantee 18 Medicaid
waiver slots. He asked for their support in working with the
Governor and Delegation to make this happen. Mr. Wright
indicated that the Board might request bridge funding from the
Commissioners if State funds become available in July.
Karen Riley, a member of the Boonsboro High School CAC,
expressed concerns about the bonus density proposal for
agricultural preservation. She stated that she does not feel it
would control or manage growth but promote subdivision activity
and requested that the Commissioners table it until there is
more public discussion.
AUTHORIZATION TO FILL VACANT POSITIONS
Motion made by Commissioner Nipps, seconded by Kercheval, to
fill the positions of Utility Worker II at the Water Quality
Department and Risk Management Administrator in the Human
Resources Department. Unanimously approved.
AUTHORIZING RESOLUTION TO APPROVE AN ISSUE OF TAXABLE REFUNDING
BONDS FOR COSTS RELATED TO THE COUNTY’S RESH ROAD AND 40 WEST
LANDFILLS
Debra Bastian, Director of Finance, and Timmy Ruppersberger,
Bond Counsel, appeared before the Commissioners to review
resolutions to authorize and empower the Commissioners to
advance refund certain maturities in the amount of $5,775,000 of
the Washington County Maryland Public Improvement Bonds of 1998,
1999, 2000, 2002, and 2003. Ms. Ruppersberger stated that the
resolution would allow the County to advance refund certain
maturities. The amount of $1,017,000 of the proceeds will be
used to reimburse the County for costs of the projects that were
paid from the General Fund. Ms. Bastian stated that the
estimated savings on the refinancing would be from $1,590,000 to
$1,810,000 based on current market conditions. The total loan
would not exceed $7,545,000. She informed the Commissioners
that the Maryland Water Quality (MWQ) loan has a 1.0% interest
rate plus an administration charge of 5% of total debt service.
Ms. Ruppersberger explained taxable vs. nontaxable then reviewed
the authorizing resolutions. Debra Bastian, Director of Budget
and Finance, provided information on the bonds being refunded.
Motion made by Commissioner Munson, seconded by Nipps, to adopt
the resolution approving the form and authorizing the execution,
issuance, sale and delivery of a general obligation installment
bond of the borrower in a principal amount not to exceed
$7,545,000 pursuant to the authority of the Maryland Water
Quality Financing Administration to be known as the “Washington
County, Maryland Water Quality Refunding Bond, Series 2005-Resh
Road/40 West Landfills” with the net proceeds of the sale
thereof to be used and applied for the public purpose of
refinancing the cost of acquiring, constructing and equipping
certain facilities including, as applicable, the development of
property, the acquisition and installation of equipment and
furnishings and any related architectural, financial, legal,
planning and engineering expenses by advance refunding certain
callable maturities of the Washington County, Maryland Public
Improvement Bonds of 1998, 1999, 2000, 2002 and 2003, and
authorizing the execution and delivery of a loan agreement
between the
FEBRUARY 8, 2005
PAGE THREE
borrower and the Maryland Water Quality Financing
Administration. Unanimously approved.
RECESS – LUNCHEON WITH LEAGUE OF WOMEN VOTERS
The Commissioners recessed at 11:48 a.m. in order to attend a
luncheon sponsored by the League of Women Voters.
AFTERNOON SESSION
The afternoon session was called to order at 1:23 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.
RE/APPOINTMENTS – AGRICULTURAL EDUCATION CENTER BOARD
Motion made by Commissioner Munson, seconded by Wivell, to
appoint Cindy Long and Ronald Frey to the Board of Directors of
the Agricultural Education Center and to reappoint Jeff
Poffenberger, Hal Spielman, and Pete Callas for three-year
terms. Unanimously approved.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners
that a draft of the Capital Improvement Programs (CIP) budget
would be available tomorrow.
ADOPTION OF 2005 COUNTY GOALS
The Commissioners discussed the goals reviewed at the January 25
meeting. Rodney Shoop, County Administrator, identified the
department head who would be preparing the action plan for each
goal. He stated that once they are adopted, they will be posted
in each office and the Commissioners would be briefed on a
regular basis regarding the progress of the goals.
Motion made by Commissioner Kercheval, seconded by Nipps, to
adopt the following goals for 2005 as modified: 1)Adopt Rural
Area Zoning after consideration of equity and land preservation.
Begin implementation of the Urban and Town Growth Area Zoning.
2) Work with municipalities to develop residential and business
tax incentive programs in designated areas. 3) Appoint a task
force to develop recommendations to address affordable housing.
4) Improve the planning process for construction and renovation
of school facilities. Develop policies to manage growth as it
relates to school capacity. 5) Develop a long-range plan for the
future use of the Forty West Landfill. 6) Develop policies and
procedures to initiate the implementation of the Emergency
Medical Services Master Plan. 7) Initiate an evaluation of all
plans, policies, procedures and ordinances that relate to growth
management.
HIGHWAY ADEQUACY POLICY
Gary Rohrer, Director of Public Works, and Terry McGee, Chief
Engineer, appeared before the Commissioners to present the final
draft of the Highway Adequacy Policy for their approval. Mr.
Rohrer reviewed the policy and the changes made since the first
draft. He stated that details have been incorporated to address
the condition of existing pavement and the developer’s
responsibilities. The policy also addresses road width
consistent with AASHTO standards while providing appropriate
exemptions. Mr. Rohrer addressed the exemptions outlined in the
document. The Commissioners discussed the policy and asked
questions of the staff. They asked the staff to make some minor
revisions and agreed to set aside additional time for discussion
of the policy.
UPDATED PENSION POLICY AND PENSION PLAN ASSETS
Debra Bastian, Director of Budget and Finance, stated that,
based on the annual review process of the plan, she recommends
updating the plan to establish reasonable expectations,
objectives and guidelines in the investments of the assets of
Washington County Pension Funds. The updated policy encompasses
the Washington County Government Employee’s Pension Plan and the
Washington County Length of Service Award Program (LOSAP). Ms.
Bastian reviewed the policy changes and stated that there is a
completely different format, which now includes general
principles, and better defines the benchmarks used for the
plans. She stated that
FEBRUARY 8, 2005
PAGE FOUR
the revised policy sets more detailed guidelines, performance
objectives, and monitoring procedures. The meeting was then
opened for questions from the Commissioners. Jon Ketzner,
Senior Actuary with BGS&G/CBIZ, was in attendance to answer any
questions the Commissioners might have regarding the pension
funds.
Howard Schwartz, Manny Goebel, and Brendan Burke,
representatives of Mercantile Investment & Wealth Management,
whose firm manages the County’s pension system, met with the
Commissioners regarding the updated Pension Policy and Pension
Plan Assets. Mr. Schwartz reviewed the investment plan for the
pension plan and LOSAP. He stated that the total pension plan
is up 9.2% over the previous year. Mr. Goebel reviewed the make-
up of the equity core as of December 2004 and the tiers of
stocks that make up the plan. Mr. Burke reviewed the fixed
income profile and portfolio for the County’s pension plan and
LOSAP.
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the updated Pension Policy and Pension Plan Assets as
outlined. Unanimously approved.
HOUSE BILL 212 – GAMING ACTIVITIES AND CHARITABLE FUNDING
James Hovis, Gaming Director, and Terry Reiber, Chair of the
Gaming Commission, met with the Commissioners regarding House
Bill 212. Mr. Hovis explained that H.B. 212 proposes State
oversight and/or regulation of gaming activities and charitable
funding within the State of Maryland. He stated that the
requirements proposed would have an adverse effect on charitable
organizations operating within the County. Mr. Hovis explained
that the legislation introduced would allow the State
Comptroller’s Office to draft policy requiring charitable and
non-profit organizations receiving gaming proceeds to justify
the use of funds they receive from gaming activities, including
tip jars, bingo, and raffles. The bill would also require tip
jar operators to submit an overwhelming amount of data and
information concerning their gaming activities. He urged the
Commissioners to take a position in opposition of House Bill 212
and to convey their position to the Washington County Delegation
to the General Assembly.
Mr. Hovis informed the Commissioners that the legislation would
also allow the Comptroller’s Office to develop policy that would
preempt any legislation adopted by local counties or
municipalities. The Commissioners discussed the information and
agreed to send a letter opposing the legislation and asked Mr.
Hovis to send background information to Delegates Myers and
McKee, who serve on the House Ways and Means Committee, as well
as the other members of the Delegation.
BID RECOMMENDATION – NEWGATE INDUSTRIAL PARK INTERCEPTOR SEWER
PHASE II
Karen Luther, Purchasing Agent, and Greg Murray, Director of the
Water Quality Department, appeared before the Commissioners to
recommend that they reject the bid received from Gabe’s
Services, Incorporated for the Newgate Industrial Park
Interceptor Sewer Phase II. Ms. Luther explained that the one
bid received came in $250,000 over the budgeted amount. She
stated that Washington County reserves the right to reject any
and/or all bids, to waive technicalities, and to take whatever
action is in the best interest of Washington County. Mr. Murray
reviewed the project and explained that the project does entail
an unusually high amount of risk since the contractor would be
working within streambeds and wetlands areas. He indicated the
work to be accomplished in this project primarily consists of
installing 6,800 linear feet of PVC sewer pipe in the wetlands
area. Mr. Murray stated that they hope to establish a dialog
with potential bidders in an effort to find a solution to some
of the issues or a less expensive method to mitigate some of the
risks.
Motion made by Commissioner Wivell, seconded by Nipps, to reject
the sole bid of Gabe’s Services, Incorporated in the amount of
$1,555,759 for the Newgate Industrial Park Interceptor Sewer
Phase II, make the appropriate changes to the bid documents, and
rebid the project. Unanimously approved.
FEBRUARY 8, 2005
PAGE FIVE
CHANGE ORDERS #2 & #3 – FORTY WEST LANDFILL, CELL 3 CONSTRUCTION
Motion made by Commissioner Munson, seconded by Wivell, to
approve the following change orders with C. William Hetzer, Inc.
for construction of Cell 3 at the Forty West Landfill: 1)
Change Order No. 2 – for an increase of $234,366.95 for
additional excavation and 2) Change Order No. 3 – to decrease
the contract value of $131,595.20 for value engineering savings,
for a net increase of $131,771.75. Unanimously approved.
BONUS DENSITY PROGRAM – PROPOSED ENABLING LEGISLATION
Commissioner Wivell reviewed the proposed enabling legislation
that was submitted to allow the County the flexibility to adopt
a bonus density program for agricultural preservation. He
stated that this would not change the underlying zoning of a
property. Commissioner Kercheval expressed his concerns and
stated that the County Attorney’s opinion was that it would not
be legal.
BOARD OF EDUCATION - FACILITIES PLAN REPORT
Dr. Elizabeth Morgan, Superintendent of the Board of Education,
introduced Deanna Newman, President of Public Pathways, Inc.,
whose firm was retained by the Board to prepare a draft six-year
enrollment report, review the current Educational Facilities
Plan, reconcile the FY 2006-2011 CIP request, and develop a
report that effectively communicates their strategic plan and
the opportunities and challenges facing our growing school
system over the next six years.
Ms. Newman reviewed the goals, strategy and long-range planning.
She reviewed the demographic analysis, housing trends,
population growth and State projections. Ms. Newman provided
information on the projected student yields from the new
developments in the County. She also provided projections on
projected enrollment versus capacity for elementary, middle, and
high schools. Ms. Newman stated that the 2006-2011 CIP budget
shows an additional 4,445 seats and reviewed the current plans
for renovation and construction. The goals are as follows:
Goal 1 - build space for students and programs; plan the use of
a temporary space until funding is available; evaluate other
solutions to capital needs. Goal 2 – Update schools on a
systemic schedule to guarantee safe, up-to-date facilities that
meet changing educational program needs. Goal 3 – Provide
funding for maintenance and system renovation on a schedule that
ensures that buildings remain environmentally safe and secure
and function efficiently. Goal 4 – Develop a long-range
facilities plan that is fiscally responsible.
The meeting was then opened for questions and discussion.
Commissioner Snook explained how the City of Hagerstown’s
consent order could place limitations on the sewer capacity and
limit growth.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Munson, seconded by Nipps, to
convene in closed session at 5:01 p.m. to consult with counsel
to obtain legal advice, consider matters that concern proposals
for businesses or industrial organizations to locate, expand, or
remain in the State, and to consider the acquisition of real
property for a public purpose and matters directly related
thereto, 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 Wivell, to
reconvene in open session at 5:33 p.m. Unanimously approved.
In closed session, the Commissioners consulted with counsel to
obtain legal advice concerning one (1) matter, considered
matters that concerned proposals for businesses or industrial
organizations to locate, expand, or remain in the State, and
considered the acquisition of real property for a public purpose
and matters directly related thereto. 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; Kirk
Downey, Part-time Assistant
FEBRUARY 8, 2005
PAGE SIX
County Attorney; and Joni Bittner, County Clerk; Gary Rohrer,
Director of Public Works; Michael Thompson, Director of
Planning; Board of Education members Edward Forrest, Roxanne
Ober, Bernadette Wagner, Wayne Ridenour, Jacqueline Fischer,
Paul Bailey, and Russell Williams; Dr. Elizabeth
Morgan, Superintendent of Schools; Rodney Turnbough, Director of
Facilities Management; William Blum, Chief Operating Officer;
Shula Finkelstein, Executive Assistant; and Tammy Turner, legal
counsel for the board of Education.
RECESS
The Commissioners recessed at 5:33 p.m.
EVENING SESSION – TOWN OF SHARPSBURG
The evening session was called to order at 7:00 p.m. at the
Sharpsburg Town Hall by President Gregory I. Snook, with the
following Commissioners present: Vice President William J.
Wivell and Commissioners James F. Kercheval and Doris J. Nipps.
Also present were Hal Spielman, Mayor of Sharpsburg, and
Sharpsburg Council members Ralph Hammond Joseph Eichelberger,
Jeffrey Saylor, and Marjorie Jamison.
Tax Setoff – Sharpsburg and Keedysville
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 setoff program. Commissioner Snook
stated that, for Fiscal Year 2005, the Town of Keedysville is
estimated to receive $2,699 and the Town of Sharpsburg would
receive $3,871. He noted that the tax setoff money for these
municipalities is applied toward the cost of a County deputy for
30 hours per week. He also reviewed the summary and formula for
highways, police, and parks.
Commissioner Snook informed the town officials that their
employees are welcome to participate in any of the safety
training sessions sponsored by the County. He stated that the
Town might also want to piggyback onto the County’s overlay
contract.
The Commissioners then discussed items of interest to the town
officials and citizens in the area, including grant funding for
the resident deputy program and the proposed communications
project.
ADJOURNMENT
Motion made by Commissioner Nipps, seconded by Kercheval, to
adjourn at 7:25 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,
County Clerk