HomeMy WebLinkAbout060110
January 10, 2006
Hagerstown, Maryland
The Commissioners met with Sheriff Charles Mades and his staff
at 11:30 a.m. for lunch and to tour the Patrol Facility at the
Sheriff’s Department.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 1:30 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.
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.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Munson informed the Commissioners that the State
would release the constant yield rate figures on February 14.
He stated that the Governor is proposing to reduce the State
property tax rate and suggested that the County consider it as
well.
Commissioner Nipps stated that she attended the Maryland
Association of Counties (MACo) Winter Conference last week and
noted that she has requested information from the City of
Rockville on its workforce housing program. She informed the
Commissioners that she attended the annual awards banquet for
the Volunteer Fire Company of Halfway and distributed
information that she received on the National Fallen
Firefighters Foundation.
Commissioner Wivell advised the Commissioners that Ocean City
has started a drywall waste recycling project and suggested that
the County’s landfill staff look into it. He stated that he
attended the MACo Conference and the Delegation’s public meeting
on January 7. Commissioner Wivell indicated that approximately
one-third of the speakers at the meeting expressed concerns
regarding increasing assessments and asked for property tax
relief. He stated that he feels the Commissioners should
address the issue.
Commissioner Kercheval stated that he also attended the MACo
Conference and provided information on seminars that he
attended. He reported on the Planning Commission meeting and
stated that they have scheduled a workshop to discuss Planned
Unit Developments (PUDs) on January 18. The Commission’s review
of the Maugansville Elementary School site plan revealed that
the entrance road would require the demolition of both old
school buildings. Kercheval said that the plan should be
examined to provide alternative access if the County needs to
temporarily keep the old school open to help with capacity
issues at area schools until permanent solutions are completed.
Commissioner Snook stated that the home sales for the first two
weeks in December totaled $44,785,000. He also noted that the
Frederick newspaper listed Washington County as having a 19.5%
increase in assessments over a three-year period. Commissioner
Snook informed the Commissioners that he received correspondence
from the Department of Business and Economic Development
approved the redesignation of the Hancock Enterprise Zone. He
also received a letter from the Department of Natural Resources
approving the overlay project at Marty Snook Park.
Correspondence from the Emergency Numbers System Board stated
that they found that Washington County’s operation “met or
exceeded all expectations.” Commissioner Snook reported on the
Chamber of Commerce Board meeting and stated that a Manpower
survey found that 40% of the respondents indicated that they
plan on adding employees during the first quarter of the year.
Commissioner Snook reported on the MACo conference and stated
that they were informed that they expect the State to approve a
requirement for early voting that would require that a site be
open for seven days prior to an election. He stated that the
Commissioners need to budget for the anticipated costs for this
program.
JANUARY 10, 2006
PAGE TWO
REPORTS FROM COUNTY STAFF
Gary Rohrer, Director of Public Works, asked for permission to
mount a large-scale replica of the County Seal, which was
donated to the County, in the Commissioners’ meeting room.
After discussion, it was the consensus to approve the request.
Dave Hankinson, Director of Human Resources, asked the
Commissioners to approve refilling a position in the Purchasing
Department.
Motion made by Commissioner Munson, seconded by Wivell, to
approve advertising to fill the vacant Buyer position in the
Purchasing Department. Unanimously approved.
APPOINTMENTS – AREA AGENCY ON AGING ADVISORY COUNCIL
Motion made by Commissioner Munson, seconded by Nipps, to
appoint Donna Palmer, Delores Harmon, and Jeffrey Long to the
Area Agency on Aging Advisory Council for three-year terms.
Unanimously approved.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners
that the Interagency Committee (IAC) meeting to hear requests
for additional funding has been scheduled for January 18. He
stated the Board of Education plans to request additional
funding for Maugansville Elementary School, and planning and
approval funding for Pangborn Elementary School and Westfields
Elementary School. Commissioner Snook asked for clarification
on the projects that the IAC would consider for funding.
Commissioner Wivell volunteered to attend the meeting on behalf
of the County Commissioners.
PROPOSED WORKING AGREEMENT WITH MID-MARYLAND LAND TRUST
ASSOCIATION
Eric Seifarth, Land Preservation Planner, and Peter Vorac,
Executive Director of the Mid-Maryland Land Trust Association
(MMLTA), met with the Commissioners to discuss entering into an
agreement with the MMLTA- to allow for donated easements in
Washington County.
Mr. Seifarth stated that the demand for purchased easements is
continuing to be in excess of the funding and that this option
would enable the County to stretch the funding that it does have
available. He then reviewed the proposed working agreement with
the MMLTA. Mr. Seifarth stated that if this is agreeable, he
would proceed to have the County Attorney’s office develop an
agreement. Mr. Vorac stated that the MMLTA would work
cooperatively with the County to acquire donated easements. He
stated that they work in conjunction with the Maryland
Environmental Trust. Mr. Vorac noted that they have received
Farm and Ranchland Protection Program (FRPP) grants for the
purchase of easements and asked that the County provide the 3%
match and out-of-pocket costs when easement goes to settlement.
Commissioner Wivell asked that this matter be clarified in the
memorandum of understanding. Mr. Seifarth recommended that the
three percent match be taken from the Agricultural Transfer Tax.
The meeting was then opened for discussion and questions.
Motion made by Commissioner Wivell, seconded by Munson, to
approve the working agreement with the Mid-Maryland Land Trust
Association, as clarified, for the easements or other
acquisitions of property for preservation purposes and to have
staff proceed to prepare a formal agreement. Unanimously
approved.
ANNUAL REPORT – WASHINGTON COUNTY COMMISSION FOR WOMEN
Natalie Rook, President of the Washington County Commission for
Women, and Joan Erdesky, member of the Commission, presented a
report on the projects that they have completed in 2005. Ms.
Rook provided an overview of projects they are currently working
on, which include a storybook project with Washington County
Detention Center, an essay contest in March to celebrate Women’s
History Month, and compiling a book on women in Washington
County who were first in their field. She stated that the
Commission also prints a semi-annual newsletter; provides
legislative briefings; works with Girls Inc. and the Boy’s and
Girl’s Club; and is represented on a Health Department committee
on teen pregnancy issues. The meeting was opened for questions.
Commissioner Snook thanked the
JANUARY 10, 2006
PAGE THREE
Commission for the report and for volunteering to work with
citizens of the County.
BID AWARD – DEMOLITION OF FOUR RESIDENTIAL PROPERTIES ALONG
MAUGANS AVENUE
Motion made by Commissioner Kercheval, seconded by Commissioner
Munson, to award the contract for the demolition of four
residential properties along Maugans Avenue to Callas
Contractors, which submitted the lowest responsive responsible
bid of $87,100. Unanimously approved.
BID AWARD – EMERGENCY GENERATOR SYSTEM
Motion made by Commissioner Wivell, seconded by Munson, to award
the contract for one (1) 150kw generator and electrical service
upgrades at four (4) Highway Department locations (Option 2) to
Ellsworth Electric Company, which submitted the lowest
responsive, responsible bid of $126,500. Motion did not carry
with Commissioners Wivell and Munson voting “AYE” and
Commissioners Kercheval, Nipps, and Snook voting “NO.”
Motion made by Commissioner Nipps, seconded by Kercheval, to
award the contract for two (2) 150kw generators and electrical
service upgrades at four (4) Highway Department locations
(Option 1) to Ellsworth Electric Company, which submitted the
lowest responsive, responsible bid of $199,500. Motion carried
with Commissioners Nipps, Kercheval and Snook voting “AYE” and
Commissioners Munson and Wivell voting “NO.”
The Commissioners discussed what to do with the current
emergency generators and directed Jack Reynard, Highway Fleet
Manager, to ask the Board of Education if they could utilize
them in the schools.
LAND PRESERVATION STAFFING PROPOSAL
Michael Thompson, Director of Planning, met with the
Commissioners to request that they consider his request to hire
a planner to assist with the County’s land preservation efforts.
Mr. Thompson stated that the County has significantly increased
its preservation efforts over the past four years and feels that
additional help is needed to administer the programs. He
proposed that a Planner (Grade 11) be hired. Funding for the
position could be taken from the Agricultural Land Transfer Tax
or Rural Legacy Program. The meeting was then opened for
questions and discussion. Commissioner Kercheval asked that the
job description for the position be changed to allow other
functions in the Planning Department to be absorbed by this
individual if necessary.
Motion made by Nipps, seconded by Kercheval, to approve the
request to hire an additional planner (Grade 11) to assist with
the County’s land preservation efforts, with the revisions
proposed for the job description. Motion carried with
Commissioners Nipps, Kercheval, Munson and Snook voting “AYE”
and Commissioner Wivell voting “NO.”
APPROVAL TO EXTEND APFO DEADLINE FOR MUNICIPALITES
John Martirano, County Attorney, stated that the Board of County
Commissioners previously agreed to allow municipalities 60 days
from the adoption of the County’s Adequate Public Facilities
Ordinance (APFO) to adopt a town APFO ordinance that is
compliant with the County APFO as required by the Building
Excise Tax Ordinance and Section 2-701 of the Code of Public
Local Laws in order to receive the municipal share of the
building excise tax. Mr. Martirano stated that the time has run
out and, due to the complexity and amendments made to the
ordinance, he asked the Commissioners to consider extending the
deadline to 120 days to allow them to revise or adopt a
compliant ordinance.
Motion made by Commissioner Nipps, seconded by Kercheval, to
extend the deadline to Washington County municipalities to 120
days in order to allow additional time for adoption of a town
APFO that is in compliance with the County ordinance.
Unanimously approved.
BROADFORDING ROAD BRIDGE – CLOSE OUT CHANGE ORDER
Motion made by Commissioner Wivell, seconded by Munson, to
approve the final change order with Building Systems, Inc. for a
decrease of
JANUARY 10, 2006
PAGE FOUR
$32,263.21 to the Broadfording Road Bridge rehabilitation
contract. Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Munson, seconded by Nipps, to
convene in closed session at 3:37 p.m. to consult with counsel
to obtain legal advice, consult with staff about pending or
potential litigation, and discuss an appointment to a board over
which the County Commissioners have jurisdiction, 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 4:32 p.m. Unanimously approved.
In closed session, the Commissioners consulted with counsel to
obtain legal advice on one (1) matter, consulted with staff
about pending or potential litigation, and discussed an
appointment to a board over which the County Commissioners have
jurisdiction. Present during closed session were Commissioners
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;
Gary Rohrer, Director of Public Works; and Mike Thompson,
Director of Planning.
RECESS
The Commissioners recessed at 4:32 p.m.
TAX SETOFF MEETING – TOWN OF BOONSBORO
The evening session was convened at 7:00 p.m. at the Boonsboro
Community Center by President Gregory I. Snook with the
following members present: William J. Wivell, Vice President,
and Commissioners James F. Kercheval, John C. Munson, and Doris
J. Nipps.
Commissioner Snook offered his condolences on the death of
Boonsboro Councilman Gene Smith.
TAX SETOFF PROGRAM
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. He then reviewed
calculations for the services included in the program - parks,
highways, and police. Commissioner Snook stated that, for
Fiscal Year 2006, Boonsboro is estimated to receive $84,715.
Commissioner Snook reminded the Town that their employees are
welcome at any County safety courses that are offered by the
County. He stated that the State has not disclosed the amount
of funding that would be provided through Program Open Space,
but they are hopeful that there will be an increase.
Commissioner Snook also provided a brief update on the radio
communications project.
Commissioner Snook congratulated the Town for taking a pro-
active stance with regard to adoption of an Adequate Public
Facilities Ordinance (APFO). He stated that the County wants to
make sure that the ordinances adopted by the municipalities are
consistent with the County’s APFO. Commissioner Snook noted
that the County’s Finance Director has developed a uniform
reporting process for the towns to report the collection of the
building excise tax. Mayor Kauffman stated that he realizes
that Boonsboro’s APFO must be as strong as County’s in order to
receive 28% of the tax collected in Boonsboro, and provide
adequate school facilities. However, he expressed concerns that
this would bring development to a halt in the Town and would
hinder projects they would like to initiate, such as a by-pass
and the water and sewer project. Commissioners Snook and
Kercheval outlined the mitigation section, which would allow the
development to proceed if an agreement can be negotiated to
provide capacity for the additional students the development
would generate.
JANUARY 10, 2006
PAGE FIVE
Commissioner Kercheval indicated that they are asking that a
permanent solution be instituted within a three-year period, but
that temporary solutions, such as portables, may be considered
until those permanent solutions are in place. The Council also
discussed concerns regarding affordable housing. Commissioner
Snook stated that they are considering various programs outlined
in the Workforce Housing Task Force’s report to help alleviate
the problem.
John Kendle, Town Manager, informed the Commissioners that the
Town would be requesting designation of the downtown area as a
”redevelopment area” to qualify for a building excise tax
exemption under the Washington County Building Excise Tax
Ordinance for both residential and non-residential uses.
Commissioner Snook stated that they would put this item on the
agenda for discussion.
Rich Hawkins, Town Council member, stated that the Friends of
the Boonsboro Library have raised $1,013,117 to date for
construction of the new branch library in Boonsboro, which does
not include the County’s $200,000 contribution. The branch is
estimated to cost $1,352,250. Gary Rohrer, Director of Public
Works, stated that the architect is finalizing design documents
and that they hope to have the notice to proceed to the
contractor by the first part of May, with a spring 2007 opening.
Mr. Rohrer stated that the project was delayed due to
unanticipated stormwater issues on the site. Councilman
Chambers informed the Commissioners that the Library Committee
is recommending that the library be called the Boonsboro Free
Library – a Branch of the Washington County Free Library.
ADJOURNMENT
Motion made by Commissioner Nipps, seconded by Wivell, to
adjourn at 8:10 p.m. Unanimously approved.
,
County Administrator
_____________________________________,
County Attorney
______________________, Clerk