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November 1, 2005
Hagerstown, Maryland
JOINT MEETING WITH BOARD OF EDUCATION
The Commissioners met with the Board of Education at 8:00 a.m.
The following Board of Education members were present: Paul
Bailey, Russell Williams, and Jacqueline Fischer. Staff members
making presentations were Dr. Elizabeth Morgan, Superintendent
of Schools; William Blum, Chief Operating Officer; Boyd Michael,
Executive Director of Secondary Education; and Donna Hanlin,
Director of Elementary Education.
State of Education Report
Several members of the Board of Education and staff presented
the State of Education Report outlining the progress that
Washington County Public Schools have made over the last five
years. Mr. Michael stated that a conscious decision was made to
move the school system from “good” to “great.” He reviewed the
substantial increases in test results that have been made at the
pre-kindergarten level and in the student achievement results in
reading and mathematics. Mr. Michael cited some of the reasons
for the change and explained that the Board has addressed
mobility issues, made changes in its approach to teaching
reading and math, and initiated intervention programs for
reading and math. He stated that “No Child Left Behind” and
“Bridge to Excellence” legislation has also impacted the
changes.
Ms. Hanlin addressed the topic of elementary schools and the
changes that have been made. She stated that the schools now
provide comprehensive County-wide reading, math, and science
programs. Monthly and quarterly benchmarks are implemented to
measure student achievement. Ms. Hanlin also noted the growth
in the percentage of students who are proficient or advanced in
reading. They also reviewed the changes that have occurred in
secondary education and high school. Dr. Morgan noted that the
drop-out rate has declined from 5.5% in 2000 to 1.87% in 2005.
Dr. Morgan outlined future goals and stated that they hope to
expand some of the programs and provide more choice for high
school students. She invited the Commissioners to join them in
their study groups to help shape the vision.
Board of Education Proposed Policy on “Developer-Funded School
Construction Projects”
Mr. Blum presented the Board’s proposed policy on “Developer-
Funded School Construction Projects.” The policy states that
the Board of Education would determine the size and
specifications for the amelioration of the schools impacted by
the proposed development. The proposed mitigation plan would be
forwarded to the County Commissioners with a recommendation from
the Board for approval or denial. Mr. Blum stated that funding
for the project must be guaranteed prior to the design and
construction. He also stated that the Public Schools’ staff
would manage the design, procurement, and construction of the
project. The meeting was then opened for discussion and
comment. The Commissioners suggested several revisions and
agreed to discuss the matter further during a work session. Mr.
Blum also provided two proposed changes to the Commissioners’
Adequate Public Facilities Ordinance.
RECESS
The Commissioners recessed at 9:31 a.m.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 9:40 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 Commissioner Snook,
followed by the Pledge of Allegiance to the Flag by the full
assemblage.
APPROVAL OF MINUTES – OCTOBER 25, 2005
Motion made by Commissioner Wivell, seconded by Nipps, to
approve the minutes of October 25, 2005, as amended.
Unanimously approved.
NOVEMBER 1, 2005
PAGE TWO
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Munson reported on the Solid Waste Advisory
Committee meeting.
Commissioner Nipps reported on the Community Action Council
Board meeting. She stated that she attended the REACH ribbon-
cutting ceremony and the Annual Leadership Prayer Breakfast.
She thanked Commissioner Snook for inviting the Commissioners
and staff to the breakfast.
Commissioner Wivell informed the Commissioners that he attended
the REACH ribbon cutting, the Leadership Prayer Breakfast,
Greater Hagerstown Committee meeting, and the Mummers Day
parade.
Commissioner Kercheval stated that he attended the same events
as the other Commissioners. He thanked those who participated
in the Emergency Operations Center for the Mummers Parade.
Commissioner Kercheval stated that he attended the Chamber of
Commerce’s Legislative meeting and reported on several items
that were discussed at that function. He suggested that school
construction needs and funding levels be placed on the agenda
for their meeting with the County delegation to the General
Assembly.
Commissioner Snook reported on the Emergency Services Advisory
Council meeting. He stated that the final plan for emergency
services has not been completed. He also asked that time be
scheduled on the agenda to discuss the task force on special
taxing for fire and rescue services. Commissioner Snook
reviewed an article from The Frederick Gazette on current
housing fees in the City of Frederick and the proposed increases
to them. He stated that the Commissioners received a card from
the United Way staff thanking County employees for their
participation in the “Day of Caring” event.
REPORTS FROM COUNTY STAFF
Gary Rohrer, Director of Public Works, reported that he denied a
request from a developer to utilize Mill Point Road as a detour.
He stated that improvements to the County Administration
Building parking lot would begin this week. Mr. Rohrer informed
the Commissioners that the Advisory School Design Review
Committee would be meeting later this week to begin review of
the North Hagerstown High School stadium project. He stated
that he met last week with the staff of the Facilities
Department at the Board of Education to review school projects.
RESCIND AWARD - ONE (1) ONE-TON PICK-UP TRUCK FOR USE BY WEED
CONTROL PROGRAM AND RE-AWARD CONTRACT
Karen Luther, Purchasing Agent, and Lane Heimer, Director of the
Weed Control Program, appeared before the Commissioners to
request that they rescind the motion to purchase a one-ton pick-
up truck through an intergovernmental purchase agreement. Ms.
Luther explained that they noticed when placing the order that
the truck under this contract was not a super cab. She stated
that they located a vehicle under the City of Harrisburg’s
Pennsylvania Capital City (PACC) contract that could accommodate
the request made by Weed Control. She requested that the
original award be rescinded and the contract awarded through the
PACC contract. Ms. Luther noted that this would be a savings of
$1,183.23.
Motion made by Commissioner Munson, seconded by Nipps, to
rescind the motion to authorize the Weed Control Program to
purchase a one-ton pick-up from Norris Ford through an
intergovernmental purchase award and authorize the purchase of
one (1) one-ton pick-up truck from Phillips Ford Sales at a
total cost of $27,802.75 by utilizing the City of Harrisburg’s
PACC contract, in accordance with the terms and conditions of
Code of Public Local
that contract and in accordance with the
Laws of Washington County
, Maryland, Section 1-106.3, with funds
to be taken from the Commissioners’ Contingency Fund. The
Department of Agriculture will fund fifty percent of the costs.
Unanimously approved.
UPDATE ON DISCOVERY STATION OPERATIONS
Marie Byers, President of the Discovery Station Board, appeared
before the Commissioners to provide an update on its operations.
Ms. Byers stated that since its opening in May there have been
over 1,600 visitors
NOVEMBER 1, 2005
PAGE THREE
from across the country and four foreign nations. She explained
that Discovery Station is run by a totally volunteer staff and
provides a hands-on learning environment for people of all ages.
Ms. Byers informed the Commissioners of upcoming exhibits and
displays. She stated that they hope to establish partnerships
with the Washington County Free Library and Museum of Fine Arts.
Ms. Byers stated that the admission price is minimal and they
hope to cover their operating costs through a combination of
admissions, in-kind business donations, visitor memberships,
grants and endowments. She indicated that any assistance the
Commissioners could provide would be helpful. Commissioner
Snook explained that Discovery Station would have to be included
on the list of nonprofits to which the County may contribute in
order for them to provide funding. The Commissioners asked
staff to see if they were already included on the list.
Commissioner Snook thanked Ms. Byers for her presentation and
the Commissioners agreed to tour the facility in the near
future.
CITIZENS PARTICIPATION
John Himes expressed concerns regarding a variety of issues,
including unsafe traffic conditions in south county, issues with
canoe outfitters, the need for a toll-free telephone number for
County agencies, flu shot clinics, and animal control.
Kercheval suggested that the County Administrator send a letter
to the canoe outfitters outlining the concerns of the citizens
in the area and asking these companies to address these
concerns.
Zachary Trail, representing Washco Developments, had questions
and comments regarding the Board of Education’s proposed policy
on developer-funded school improvements and mitigation.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, reported on the Annual
County Administrators and Attorneys Conference in Annapolis. He
stated that issues discussed included affordable housing,
annexation, maintenance of effort, school construction funding,
and GASB 45.
RE/APPOINTMENTS – MENTAL HEALTH AUTHORITY
Motion made by Commissioner Nipps, seconded by Kercheval, to
reappoint Connie Pauley, Joseph Rutkowski, and William Nairn to
the Board of Directors of the Mental Health Authority for three-
year terms and to appoint Susan MacDonald to the Board for a
three-year term. Unanimously approved.
COUNTY ATTORNEY ISSUES
Kirk Downey, Assistant County Attorney, informed the
Commissioners that the Board of Zoning Appeals hearing on the
request by Washington County Health System, Inc. regarding the
new hospital is scheduled for November 21 and 22 in Court Room
#1.
TRANSPORTATION COORDINATION SUB-COMMITTEE
William Beard, Rod MacRae, and Peggy Martin appeared before the
Commissioners to present the recommendations of the
Transportation Coordination Sub-committee. Mr. Beard informed
the Commissioners that the Committee was established as a sub-
committee of the Disabilities Advisory Committee in 2005. He
stated that they are recommending that a coordinator of
transportation be hired to review the routes and destinations of
human service vehicles and develop alternatives to the current
methods. Mr. MacRae indicated that there are often multiple
agencies/vehicles serving clients living in the same area who
are traveling to similar destinations. These vehicles could be
utilized in “off peak” hours through interagency cooperation.
He stated that the Maryland Transportation Administration has
funding for rural coordination that is available on a sliding
scale for four years. Ms. Martin indicated that the cut-off
date is January 2006 to apply for grant funding.
Ms. Martin stated that they have reviewed three separate models
for transportation and that the plan could be a regional plan to
include more
NOVEMBER 1, 2005
PAGE FOUR
than just Washington County. She noted that the ultimate goal
is to have transportation that operates on a 24/7 basis. She
estimated that the cost of personnel and start-up costs would be
$45,000. Ms. Martin indicated that several non-profit agencies,
including the Department of Social Services, Commission on
Aging, and Health Department have agreed to be a part of the
project. The group also recommended that the Washington County
Health Department be the lead agency for the grant funding and
housing the position. The meeting was then opened for questions
and discussion.
Motion made by Commissioner Wivell, seconded by Nipps, to
authorize the Transportation Coordination Sub-committee to apply
for a transportation grant from the Maryland Transportation
Administration in order to fund a comprehensive transportation
service program for clients of human service agencies. The Sub-
Committee members agreed to provide additional information to
the Commissioners showing their agreements with the non-profit
agencies and specifics on how the program would be funded, prior
to the Commissioners’ providing final approval. Unanimously
approved.
PRESENTATION OF THE FY 2005 AUDITED FINANCIAL STATEMENTS
Mike Manspeaker, representing Smith Elliott Kearns & Company,
appeared before the Commissioners to present the County's Fiscal
Year 2005 audit report. Mr. Manspeaker introduced his staff
members who worked on the audit. He provided an explanation of
the different funds, component units, notes to the financial
statement, and the supplemental information included in the
audit.
Mr. Manspeaker reported that the County has a “clean”
unqualified financial report again this year. He stated that a
management discussion analysis is included and designed to
present an overview in discussion format. Mr. Manspeaker then
provided a detailed review of the audit report, including the
General Fund, Highway Fund and Capital Improvements Projects.
He stated that the General Fund ended with a surplus of $4.4
million in revenues over expenditures. He noted that there is a
$1 million deficit in assets from depreciation. When asked if
the County was in a healthier financial position this year than
last year, Mr. Manspeaker commented “absolutely.” He also
reviewed the proprietary funds (business-type activities): Water
Quality, Solid Waste, Transportation, Airport, and Black Rock
Golf course. The Commissioners thanked Mr. Manspeaker for his
presentation, and the Finance Department staff for their
efforts.
RECESS – LUNCH – EXECUTIVE LEVEL TRAINING FOR THE NATIONAL
INCIDENT MANAGEMENT SYSTEM (NIMS)
The Commissioners recessed at 12:03 p.m. for lunch and to attend
the executive level training session for the National Incident
Management System.
AFTERNOON SESSION
The afternoon session was called to order at 2:30 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.
DISCUSSION OF INSTALLMENT PAYMENT PROGRAM – MARYLAND DEPARTMENT
OF PLANNING
Eric Seifarth, Land Preservation Planner, introduced Joe Tassone
and Dan Rosen from the Maryland Department of Planning (MDP).
Mr. Seifarth stated that the MDP has raised concerns about the
25-year buyout clause that the County had included in its
proposed Installment Payment Program (IPP) and that state
easement funds may be in jeopardy since state officials do not
want to purchase easements contiguous to properties with
potential buyout provisions.
Mr. Tassone provided background information to further explain
the State’s position on this issue. He noted that they are
attempting to ensure that the State’s investment of preservation
funds is being protected so that residential subdivisions do not
surround easements. Mr. Tassone indicated that the provision
for a 25-year option to
NOVEMBER 1, 2005
PAGE FIVE
terminate easements was removed in order to complement other
State programs. He also voiced concerns about rural area zoning
exemptions that were adopted by the Commissioners. Mr. Rosen
stated that the previous Maryland Agricultural Land Foundation
(MALF) regulations were virtually permanent because the hurdles
were so high to terminate an easement. He reviewed the steps
needed to terminate an easement. The meeting was then opened
for discussion and questions. Commissioner Kercheval clarified
that 25-year buyout clause was a recommendation of the County’s
Agricultural Land Preservation Advisory Board and that the
Commissioners have not made a final decision. He indicated that
the Commissioners were unaware that State was not happy with
decisions that were made on the adopted rural area zoning and
exemptions until a few weeks ago.
Motion made by Commissioner Wivell, seconded by Munson to adopt
the Installment Payment Program for the purchase of rural
easements as recommended by the Agricultural Land Preservation
Advisory Board without provisions for a 25-year buyout.
Unanimously approved.
PROPOSED AMENDMENTS – ADEQUATE PUBLIC FACILITIES ORDINANCE
Michael Thompson, Director of Planning, reviewed the minor
revisions that were requested at the work session on October 25.
Changes to Article II include a definition for minor
subdivisions and clarification for each. Section 4.1.1 has been
revised for clarity. Section 5.2(d) has been added to list
minor subdivisions as being exempt from the provisions of the
APFO under most circumstances. It was shifted from the
mitigation section to the exemption section. Mr. Thompson
reviewed two options for language as proposed by staff for minor
subdivisions. Section 5.2 – has been added to list minor
subdivisions as being exempt from the APFO under most
circumstances. It was the consensus to choose Option #1 “minor
subdivisions.” Mr. Thompson stated that a definition has been
added to Section 5.5 to incorporate a reference to the
mitigation policy adopted by the Board of Education. Section
5.6.1 has been revised to reflect school attendance areas rather
than districts and by adding language stating that “upon
receiving a recommendation from the Board of Education taking
into consideration the adequacy” of the immediately adjacent
attendance areas. Language has been proposed to Section 9.1 to
state: “Prior to entering any such agreement, the Board shall
invite comment from the Board of Education regarding same.”
Section 9.3A(a)(i) has been renumbered due to changes that were
made.
The Commissioners also discussed the proposed mitigation plan
submitted by the Board of Education earlier today and how it
would apply in the APFO process. Commissioner Nipps expressed
concerns that the policy asked developers to address previously
existing capacity problems in addition to those created by their
development. After discussion, they agreed to include a
provision to Section 5.1(b) that excludes developer funded
projects from the calculations for adequacy testing in section 5
of the APFO, as requested by the Board of Education.
Motion made by Commissioner Nipps, seconded by Wivell, to adopt
amendments to the Adequate Public Facilities Ordinance as
amended today. The Commissioners directed that the Planning
Director meet with them in three months to discuss the
Ordinance. Unanimously approved. (A copy of the adopted
Ordinance is attached.)
CONTRACT AWARD - #2 HEATING FUEL
Motion made by Commissioner Munson, seconded by Nipps, to
piggyback the Board of Education’s bids for #2 heating fuel
based on the OPIS index and award the County’s contract as
follows: Tank wagon – AC&T Company – bidder factor of +$.1424;
Transport (tanker) – AC&T Company - bidder factor of +$.0455,
pending the Board of Education’s bid award. Unanimously
approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Munson, seconded by Wivell, to
convene in closed session at 4:18 p.m. to discuss a personnel
matter that affects one or more specific individuals, to consult
with counsel to obtain legal advice on a legal matter, and
consult with staff about pending or
NOVEMBER 1, 2005
PAGE SIX
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 Kercheval, seconded by Wivell, to
reconvene in open session at 5:21 p.m. Unanimously approved.
In closed session, the Commissioners discussed a personnel
matter that affects one or more specific individuals, consulted
with counsel to obtain legal advice on a legal matter, and
consulted with staff about pending or potential litigation.
Present during closed session were Commissioners Gregory I.
Snook, William J. Wivell, James F. Kercheval, Doris J. Nipps,
and John C. Munson. Also present at various times were Rodney
M. Shoop, County Administrator; John Martirano, County Attorney;
Kirk Downey, Assistant County Attorney; Joni Bittner, County
Clerk; David Hankinson, Director of Human Resources; Joe
Kroboth, Director of Emergency Services; Gary Rohrer, Director
of Public Works; Michael Thompson, Director of Planning; Dan
Divito, Director of Permits and Inspections; and John Latimer,
IV.
EMPLOY – EMERGENCY SERVICES DIRECTOR
Motion made by Commissioner Nipps, seconded by Munson, to
approve the recommendation to employ John Latimer, IV, as
Director of the Emergency Services Department. Unanimously
approved.
ADJOURNMENT
Motion made by Commissioner Wivell, seconded by Nipps, to
adjourn at 5:22 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,
County Clerk