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March 8, 2005
Hagerstown, Maryland
The Commissioners attended the annual breakfast meeting
sponsored by the Washington County Extension Service at 7:30
a.m.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 9:15 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 Kercheval followed
by the Pledge of Allegiance to the Flag by the full assemblage.
APPROVAL OF MINUTES – MARCH 1, 2005
Motion made by Commissioner Kercheval, seconded by Wivell, to
approve the minutes of March 1, 2005, as amended. Unanimously
approved.
CITIZEN OF THE MONTH AWARD – FEBRUARY 2005
The Commissioners honored the Massey family as the Citizens of
the Month for February 2005. Alvin Massey and Tommy Massey
accepted a certificate of merit, on behalf of the Massey family,
for donating the parcel of land adjacent to the Washington
County Free Library for use as a parking lot. The Massey family
has leased this land to the Library for $1 per year for the past
41 years. Alvin Massey thanked the Commissioners for the honor
and asked them to support the proposed expansion plans for the
Library.
INTRODUCTION OF NEW EMPLOYEES
Dee Hawbaker, Human Resources Administrator, introduced new
County employee R. Jason Malloy (Emergency Communications
Department) who is moving from part-time employee to full time.
The Commissioners welcomed Mr. Malloy and wished him well in his
new position.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Munson stated that he feels the County should
formalize its unofficial policy of having the candidate who
receives the most votes appointed as President of the Board of
County Commissioners and the second-place finisher appointed as
Vice President prior to the next election.
Commissioner Nipps reported on the Recreation & Parks Board
meeting. She informed the Commissioners that University of
Maryland personnel have decided not to sign the addendum to the
lease for the Agricultural Education Center property because
they want approval over the uses at the Center. John Martirano,
County Attorney, summarized the language in the current lease
agreement and how the uses are approved. Commissioner Nipps
also reported on the Historic District Commission meeting. She
urged the Commissioners to send a letter to the County
Delegation to the General Assembly and the House Ways and Means
Committee opposing House Bill 1186 – Washington County Property
Tax Commission. Commissioner Nipps stated that she believes
there has been a misunderstanding by the Delegation that the
Commissioners support this bill. It was the consensus of the
Commissioners to send a letter in opposition to H.B. 1186 and
explain that property taxes are the responsibility of elected
County officials and not state government. They also agreed
that the time allotted in the bill is not sufficient for an
appointed group to make an informed recommendation back to the
County and Delegation regarding property tax rates.
Commissioner Snook noted that Washington County has the lowest
tax rate west of Baltimore, the fourth lowest assessment in the
State, and a 10% cap in place for assessments.
Motion made by Commissioner Munson, seconded by Nipps, to send a
letter and fax to each member of the County Delegation to the
General Assembly and to the members of the House Ways and Means
Committee in opposition to House Bill 1186 – Washington County
Property Tax Commission. Unanimously approved.
Commissioner Kercheval reported on the MACo Legislative
Committee meeting. He stated that he attended the Washington
County Business
MARCH 8, 2005
PAGE TWO
Awards and commended the Economic Development Commission staff
and the Chamber of Commerce for organizing the event.
Commissioner Kercheval provided a summary of the Planning
Commission meeting. He stated that the Delegation is meeting
tomorrow to discuss the excise tax legislation and will probably
approved Option 2 with several amendments to be considered.
Commissioner Kercheval informed the Commissioners that he met
with representatives from the City of Hagerstown regarding their
concerns on the bill.
Commissioner Wivell reported on the Board of Social Services
meeting. He stated that he received a request from The Cascade
Committee that the Commissioners continue to provide a stipend
to the Blue Ridge Summit Library in the amount of $1,500.
Commissioner Wivell informed the Commissioners that he toured
four County schools with representatives from the Board of
Education. He distributed a copy of a letter requesting Program
Open Space funds for the North Hagerstown High School stadium
project. The Commissioners agreed that they would consider this
request during the next funding cycle. The Commissioners
discussed the request made by the Blue Ridge Summit Library.
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 2006 budget.
Unanimously approved.
Commissioner Snook stated that he attended the Washington County
Business Awards dinner. He reported on the Chamber of Commerce
Board meeting. Commissioner Snook informed the Commissioners
that the Chamber elected not to support the Council of
Governments concept. He stated that he attended Kohl’s grand
opening. Commissioner Snook stated that he received a letter
from the Town of Clear Spring thanking Water and Sewer employees
for their help in repairing a leak at their reservoir.
REPORTS FROM COUNTY STAFF
Gary Rohrer, Director of Public Works, informed the
Commissioners that he met with the Smithsburg Library Building
Committee and they are very pleased with the design changes that
were made. He stated that he hopes to have a draft of Article 4
of the Adequate Public Facilities Ordinance for Roads in the
next 30-45 days for the Commissioners’ review. Mr. Rohrer
provided a progress report on the newMaugansville Elementary
School project.
APPROVAL TO FILL VACANCY – INFORMATION TECHNOLOGIES
Motion made by Commissioner Kercheval, seconded by Nipps, to
approve the request to fill the Services Specialist I position
(Grade 11) in the Information Technologies Department. Motion
carried with Commissioners Kercheval, Nipps, Munson and Snook
voting “AYE” and Commissioner Wivell voting “NO.”
CONTRACT RENEWAL – UNIFORMS FOR SHERIFF’S DEPARTMENT
Motion made by Commissioner Kercheval, seconded by Nipps, to
renew the contract with Red the Uniform Tailor, Inc. for Section
1 (Sheriff’s Patrol and Judicial) with the requested price
increases, and to rebid the contract on Section II (Correctional
Officers) since the present contractor, Jimmie Muscatello’s, did
not wish to renew its contract. Unanimously approved.
BID REJECTION – DIESEL POWERED SINGLE AXLE DUMP TRUCK
Motion made by Commissioner Munson, seconded by Wivell, to
reject the bid for purchase of a 26,000 lb. gross vehicle weight
diesel powered single axle dump truck as submitted by
Freightliner of Hagerstown, the sole responsive bidder, for
their bid of $74,801, since the Department’s needs had changed
since the truck was bid. The Buildings, Grounds, and Parks
Department agreed to purchase a one-ton dump truck and, if
sufficient funds remained, a new prison crew van and to re-
budget the items in the FY 2006 Capital Outlay Budget for the
Buildings, Grounds & Parks Department. Unanimously approved.
INTERGOVERNMENTAL COOPERATIVE PURCHASE – THREE PARA-TRANSIT
BUSES FOR COUNTY COMMUTER
MARCH 8, 2005
PAGE THREE
Motion made by Commissioner Wivell, seconded by Munson, to
authorize the Transportation Department to purchase three (3)
para-transit buses from American Bus Sales & Services, to
replace three Goshen mid-sized buses at a total cost of $192,333
by utilizing the Prince George’s County, Maryland contract
#P032382C03042(112305), in accordance with the terms and
Code of
conditions of that contract and in accordance with the
Public Local Laws of Washington County
, Maryland, Section 1-
106.3. Unanimously approved.
CITIZENS’ PARTICIPATION
James Devine distributed a magazine article on a cost-efficient
solar energy system. He reviewed the benefits and suggested
utilizing this type of system to supply energy in new schools.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners
that the March 17 CIP budget workshop has been cancelled and has
been rescheduled for March 22. He stated that the Commissioners
would also be meeting with Senator Barbara Mikulski that day
following the dedication of her new office at the University
System of Maryland facility.
EMPLOY FACILITIES ENGINEER – WATER QUALITY DEPARTMENT
Motion made by Commissioner Kercheval, seconded by Nipps, to
employ Mark Bradshaw as Facilities Engineer (Grade 15) at a
salary of $60,000 to fill an existing vacancy at the Water
Quality Department. Motion carried with Commissioners
Kercheval, Nipps, and Snook voting “AYE” and Commissioners
Munson and Wivell voting “NO.”
RE/APPOINTMENTS – ECONOMIC DEVELOPMENT COMMISSION
Motion made by Commissioner Wivell, seconded by Kercheval, to
reappoint James Hamill (Greater Hagerstown Committee) and Roger
Johnston (at large) to the Economic Development Commission for
three-year terms and to appoint Gary Davis (at large) and
Timothy Henry (Chamber of Commerce) for three-year terms.
Unanimously approved.
SOIL CONSERVATION DISTRICT – SENSITIVE AREA REVIEW FEES
Michael Thompson, Director of Planning & Community Development,
met with the Commissioners to recommend that the Sensitive Area
Review fee be increased from $20 to $50 per review effective
April 1, 2005. Mr. Thompson explained that the fee was adopted
in 1997 to compensate the Soil Conservation District (SCD) for
its time in reviewing site plan provisions regarding stream
buffers and steep slope development limitations for new
developments. He stated that the fee has not been adjusted
since its inception and the costs and amount of time required by
SCD have dramatically increased. Commissioner Wivell stated
that he feels that large subdivisions should paying a higher
amount than small subdivisions. After discussion, the
Commissioners directed Mr. Thompson to review the fees to
incorporate this into the fee schedule. Mr. Weibley agreed to
have his staff track the amount of time spent on larger
subdivisions.
Motion made by Commissioner Nipps, seconded by Wivell, to
increase the Sensitive Area Review Fees to $50 per review
effective April 1, 2005, with the understanding that staff will
return in a year with additional data regarding the fee
schedule. Unanimously approved.
REZONING TEXT AMENDMENT – WS-03-003 – TOWN OF KEEDYSVILLE
Tim Lung, Senior Planner, reviewed text amendment WS-03-003,
submitted by the Town of Keedysville to amend the Water and
Sewerage Plan. The amendment would include in the text of
Chapter Three, Existing and Planned Water Supply Systems,
updated information concerning the Town’s plans to upgrade and
improve the Town’s aging water infrastructure to accommodate new
growth and improve fire flow. The public hearing was held on
November 8, 2004 and the Planning Commission has recommended
approval of the text amendment. The meeting was then opened for
questions and discussion.
Motion by Commissioner Wivell, seconded by Nipps, to approve
Text Amendment WS-03-003, as submitted by the Town of
Keedysville, to amend
MARCH 8, 2005
PAGE FOUR
Chapter Three of the Water and Sewerage Plan, as presented at a
joint public hearing held November 8, 2004. Unanimously
approved.
REZONING TEXT AMENDMENT – WS-04-007 – MARYLAND ENVIRONMENTAL
SERVICE ON BEHALF OF MARYLAND CORRECTIONAL INSTITION
Tim Lung, Senior Planner, reviewed text amendment WS-04-007,
submitted by Maryland Environmental Service (MES) on behalf of
the Maryland Correctional Institution (MCI) to amend the Water
and Sewerage Plan. The amendment would include in the text of
Chapter Four, Existing and Planned Sewerage Systems, references
to a new wastewater treatment facility constructed in the mid-
1990’s and to make the Plan information consistent with the
existing facilities and capacities at the treatment plant
serving MCI. Mr. Lung stated that the public hearing was held
on November 8, 2004 and the Planning Commission has recommended
approval of the amendment.
Motion by Commissioner Kercheval, seconded by Munson, to approve
Text Amendment WS-04-007, submitted by Maryland Environmental
Service (MES) on behalf of the Maryland Correctional Institution
(MCI) to amend the Water and Sewerage Plan. The amendment would
be included in the text of Chapter Four, Existing and Planned
Sewerage Systems. Unanimously approved.
BYLAW CHANGES – WASHINGTON COUNTY COMMUNITY PARTNERSHIP FOR
CHILDREN AND FAMILIES
Jenny Belliotti, Chair of the Local Management Board (LMB),
appeared before the Commissioners to request their approval of
bylaw changes for the Washington County Community Partnership
for Children and Families (WCCP). Ms. Belliotti stated that the
County Attorney has reviewed the changes and that they were
approved by the full board on February 18, 2005. She then
reviewed the proposed changes to the bylaws. The Commissioners
discussed the revisions and suggested that language be added to
clarify whether an agency designee may vote or serve as an
officer on the sub-committees. The Commissioners agreed that
an agency designee could serve as an officer but could only vote
on issues if the appointed member was not present. They stated
that each agency could only have one vote.
Motion made by Commissioner Nipps, seconded by Wivell, to adopt
the bylaw changes as requested by the Washington County
Community Partnership for Children & Families, as amended this
date. Unanimously approved.
RECESS – LUNCH
The Commissioners recessed at 12:05 p.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:04 p.m. by
President Gregory I. Snook, with the following members present:
Commissioners James F. Kercheval, John C. Munson, and Doris J.
Nipps.
AGRICULTURAL LEASE – BLACK ROCK GOLF COURSE PROPERTY
Motion made by Commissioner Nipps, seconded by Munson, to
approve the lease of approximately 50 acres of Black Rock Golf
Course property for agricultural purposes to Paul Rhoderick for
$20 per acre for the first and second year and $40 per acre for
the third through fifth year of the lease, with the provision
that the County may void the lease at anytime. Motion carried
with Commissioners Nipps, Munson, and Snook voting “AYE” and
Commissioner Kercheval voting “NO.”
BUDGET PRESENTATION - BLACK ROCK GOLF COURSE
Dick Roulette, Chairperson of the Public Golf Corporation Board
of Directors, Darrell Whittington, Director of Golf, and John
Kain, Golf Course Superintendent, presented the FY 2006 budget
request for Black Rock Golf Course of $1,262,240. Mr. Roulette
outlined the minor rate increases proposed for next fiscal year.
He expressed concerns about the increase in insurance premiums.
Mr. Roulette also outlined measures the Board is taking to help
increase play at Black Rock. The meeting was then opened for
questions from the Commissioners.
MARCH 8, 2005
PAGE FIVE
(Commissioner Wivell arrived at the meeting at 1:17 p.m.)
BUDGET PRESENTATION – HAGERSTOWN REGIONAL AIRPORT
Carolyn Motz, Airport Manager, and Phil Ridenour, Special
Operations Administrator, presented the Airport budgets for FY
2006. Ms. Motz projected revenues of $1,351,443 for FY 2006.
She indicated that the decrease is due to the uncertainty of the
status of commercial air service and there is no planned revenue
for this item in the budget. Ms. Motz stated that they are
hoping that the Essential Air Service designation is reinstated
which could account for an increase in revenue. She reviewed
the major changes in budget categories and line items and the
reasons for the proposed changes. The meeting was then opened
for questions from the Commissioners regarding the proposed
budget.
BUDGET PRESENTATION – HIGHWAY DEPARTMENT
J. Theodore Wolford, Superintendent of the Highway Department,
introduced the following members of his staff who helped to
prepare the budget: Diane Mongan, Office Associate; Jack
Reynard, Fleet Manager; Zane Rowe, Building Maintenance
Supervisor; Dave Shrader, Traffic & Safety Supervisor; and John
Phillips, Section Supervisor. Mr. Wolford stated that highway
user revenues fund the Department, which is distributed by the
State to maintain the road system. He provided statistics on
roads in the County and the employees. Mr. Wolford then
presented the Highway Department’s FY 2006 budget request in the
total amount of $6,519,576. He highlighted the major changes in
budget categories and line items, the reasons for the proposed
increases and reductions, and answered questions from the
Commissioners. Mr. Reynard explained the impact the reduction
of State highway user funds has had on the replacement
guidelines. Commissioner Snook commended the Department for
doing a good job with the State reductions in Highway User
Funds.
BUDGET PRESENTATION – TRANSPORTATION DEPARTMENT
Kevin Cerrone, Transit Manager, outlined the services and
programs offered by the County Commuter and reviewed the
operating summary of revenues and expenditures. He indicated
that the County Commuter is primarily funded by fare box
revenues and State and Federal grants, although a General Fund
contribution is required as a matching fund for the grants. Mr.
Cerrone presented the proposed budget for FY 2006 in the total
amount of $1,993,975. He stated that the requested General Fund
appropriation for FY 2006 is $426,155. At this time, the
meeting was opened for questions from the Commissioners.
CODIFICATION OF CODE OF PUBLIC LOCAL LAWS AND ORDINANCE
Richard Douglas, presented a proposal to recodify the Code of
Public Local Laws and principal ordinances. He informed the
Commissioners that the State Department of Legislative Services
prepared the latest supplement of the Code of Public Local Laws
and is willing to do the update. Mr. Douglas stated that he
would prefer the creation of a Washington County Code that would
incorporate the Code of Public Local Laws together with selected
County ordinances. He explained that an outside legal publisher
could integrate all of the separate ordinances into one cohesive
document. The meeting was then opened for questions from the
Commissioners.
Motion made by Commissioner Munson to accept the County
Attorney’s proposal to recodify the Code of Public Local Laws
and selected County ordinances as outlined. Motion died for
lack of a second.
The Commissioners continued discussion and it was the consensus
to wait to codify County ordinances since they can foresee major
changes in some of them.
Motion made by Commissioner Wivell, seconded by Nipps, to update
the Code of Public Local Laws through the Department of
Legislative Services. Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Munson, seconded by Nipps, to
convene in closed session at 3:25 p.m. to discuss a personnel
matter, consult with
MARCH 8, 2005
PAGE SIX
counsel to obtain legal advice, consult with staff about pending
or potential litigation, 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.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Wivell, seconded by Kercheval, to
reconvene in open session at 3:48 p.m. Unanimously approved.
In closed session, the Commissioners discussed one (1) personnel
matter, consulted with counsel to obtain legal advice concerning
one (1) matter, consulted with staff about pending or potential
litigation, and considered matters that concerned 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, County Attorney; Joni Bittner, County Clerk; Gary
Rohrer, Director of Public Works; David Hankinson, Director of
Human Resources; James Sterling, Director of Buildings, Grounds
and Parks; and Tim Troxell, Executive Director of the Economic
Development Commission.
REAPPOINTMENT – RECREATION & PARKS BOARD
Motion made by Commissioner Munson, seconded by Nipps, to waive
the two-term limit policy and reappoint Gerald Poffenberger as
the representative from the Agricultural Education Center Board
to the Recreation & Parks Board for a three-year term.
Unanimously approved.
RECESS
The Commissioners recessed at 3:48 p.m.
FISCAL YEAR 2006 BOARD OF EDUCATION BUDGET HEARING
The evening session was called to order at 7:00 p.m. in the
Kepler Theater at Hagerstown Community College 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. Also present
were Board of Education members Bernadette Wagner, Edward
Forrest, Roxanne Ober, Paul Bailey, Jacqueline Fischer, Wayne
Ridenour, and Russell Williams. Ms. Fischer reviewed the
information concerning the types of funding included in the
total budget, the process, and how the budget relates to the
master plan. William Blum, Chief Operating Officer, outlined the
expected incremental revenues from State and County sources. He
stated that the Board of Education is projecting an incremental
increase of $15,806,692 from the State of Maryland, $3,800,000
from the County, and $696,218 in prior years’ surplus, for a
total expected incremental revenue of $20,302,910. The budget
request for fiscal year 2006 for County appropriation is
$81,686,468 (unrestricted revenues). He stated that the County
portion would include maintenance of effort and funding for new
buses. Dr. Abernethy reported on hiring and Dr. Morgan spoke
regarding the increases related to employee compensation and
benefits. Following the presentations, the meeting was opened
for questions and comments from the County Commissioners.
The meeting was then opened for comments from the public. After
hearing all comments, the meeting was adjourned at 8:45 p.m.
,
County Administrator
,
County Attorney
,
Clerk