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January 17, 2006
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 9:00 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 – DECEMBER 20, 2005 & JANUARY 10, 2006
Motion made by Commissioner Nipps, seconded by Munson, to
approve the minutes of December 20, 2005 and January 10, 2006,
as amended. Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Kercheval reported on the meetings of the Economic
Development Commission, Planning Commission, and Mental Health
Advisory Committee.
Commissioner Nipps reported on the Commission for Women meeting.
She informed the Board that she and Guy Altieri, President of
Hagerstown Community College (HCC), made a presentation to HCC’s
leadership class.
Commissioner Snook reminded the Commissioners that the Maryland
Municipal League meeting is scheduled for January 23 and the
League of Women Voters forum is scheduled for February 8. He
stated that a Frederick newspaper reported that Frederick County
has increased its budget for wet labs at the Community College
and has included additional funding for high school science
labs. Commissioner Snook also provided a report on home sales
in Washington County for September and October 2005.
REPORTS FROM COUNTY STAFF
Gary Rohrer, Director of Public Works, stated that the Maryland
Department of the Environment has completed a cursory review of
the Resh Road Landfill closeout. He informed the Commissioners
that he met with State Highway Administration representatives
last week regarding the Edgewood Drive/Route 40 project. Mr.
Rohrer noted that the Statewide Interoperability group awarded
Washington County $83,000 for the radio communications project.
He stated that the School Design Review Committee would be
meeting to review Maugansville Elementary and Callas stadium.
John Latimer, Emergency Services Director, provided a brief
update on the anthrax threat that occurred last week. Mr.
Latimer applauded the cooperative effort between City and County
agencies. He stated that he would review the relevant policies
at the next quarterly staff meeting. Mr. Latimer then answered
questions from the Commissioners regarding how the threat was
handled.
EMERGENCY AND TRANSITIONAL HOUSING & SERVICES GRANT APPLICATION
AND HOMELESSNESS PREVENTION PROGRAM GRANT APPLICATION
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve submission of grant applications by the Community Action
Council to the Department of Human Resources for Emergency and
Transitional Housing and Services for a two-year grant of
$166,821 and a Homelessness Prevention Program Grant for a two-
year total of $500,463, on behalf of four sub-recipient
agencies. Unanimously approved.
YOGI BEAR’S JELLYSTONE CAMPGROUND - SEWER CONNECTION FEES
Tim Troxell, Executive Director, and Robert Mandley, met with
the Commissioners to discuss the sewer connection fees and
benefit charges for Yogi Bear’s Jellystone Campground. Mr.
Troxell explained that the campground expansion would require a
new pump station and force main due to the topography in the
area. He stated that when the Commissioners approved Rehoboth
United Methodist Church’s petition to allow their future
development to connect to the system, it affected the design of
the pump station for the upgrades to support the additional
development.
JANUARY 17, 2006
PAGE TWO
The costs to construct the pump station and force main to
specifications are approximately $797,000. Jellystone is
prepared to proceed and will absorb the additional costs, but
has requested approval of a five-year payment plan for the sewer
connection fees and benefit charges for the project. Mr.
Troxell stated that the Budget and Finance Department suggested
that the project be funded through the Economic Development
budget and unused capital outlay funds. He also provided an
amortization schedule for the proposed plans. The meeting was
then opened for questions and discussion. The Commissioners
discussed the length of the payback period and agreed that a
policy should be established to deal with future requests and
how they would be handled.
Motion made by Commissioner Munson to approve a three-year
payment schedule and to include the amount of taxes that would
be lost in the payments. Motion died for lack of a second.
The Commissioners continued the discussion and agreed to develop
a policy for such matters. It was the consensus to take the
matter under consideration.
LANDMARK EQUIPMENT – EXCISE TAXES ASSOCIATED WITH PROPOSED
EXPANSION/RELOCATION
Mr. Troxell informed the Commissioners that Landmark Equipment
is considering an expansion/relocation of their business, which
may include construction of “for lease” buildings, and has
submitted a site plan for the project. They have not applied
for a building permit. The company would like the Commissioners
to consider granting an exemption or reduction in the excise tax
for the portion of the building dedicated to agricultural/farm
construction. Dave Quirple, owner of Landmark Equipment, read a
definition in the Excise Tax Ordinance regarding agricultural
property and stated that he feels they meet the criteria for
exemptions. The meeting was then opened for discussion of the
request. Commissioner Kercheval stated that the staff should
re-evaluate the matrix for nonresidential development based on
the questions that have resulted from its application.
Commissioner Snook indicated that he would like clarification
from the County Attorney before making a decision. He stated
that the Commissioners would make a decision as soon as
possible.
CHANGE ORDER – NEWGATE INDUSTRIAL PARK INTERCEPTOR SEWER, FIBER
OPTIC CONDUITS
Motion made by Commissioner Wivell, seconded by Nipps, to
approve the change order with Gabe’s Services, Inc. in the
amount of $60,042 and an allocation of $2,665.13 for the
purchase of materials to be provided by the County from the CIP
Technology Development & Upgrades account, for the construction
of (2) four-inch conduits from the vicinity of Western Maryland
Parkway to Hopewell Road along the proposed sanitary sewer route
to provide connectivity to the Elliott Parkway facility, for a
total change order of $62,707.13. Unanimously approved
CITIZENS’ PARTICIPATION
There was no one present who wished to participate.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners
that budget review for FY 2007 would begin in the near future.
He stated that he has scheduled time on next week’s agenda to
discuss goals for 2006.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Munson, seconded by Nipps, to
convene in closed session at 10:22 a.m. to consult with counsel
to obtain legal advice, consult with staff about pending or
potential litigation, and consider a matter that concerns a
proposal for a business or industrial organization 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.
JANUARY 17, 2006
PAGE THREE
RECONVENE IN OPEN SESSION
Motion made by Commissioner Wivell, seconded by Kercheval, to
reconvene in open session at 11:41 a.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 considered a matter
that concerns a proposal for a business or industrial
organization to locate, expand, or remain in the State. 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;
Gary Rohrer, Director of Public Works; Tim Troxell, Executive
Director of the Economic Development Commission (EDC); Robert
Mandley, EDC Project Coordinator, and Mike Thompson, Director of
Planning.
RECESS – LUNCH AND MEETING WITH BOARD OF EDUCATION
The Commissioners recessed at 11:41 a.m. for a luncheon meeting
with the Board of Education at Salem Avenue Elementary School.
JOINT MEETING WITH BOARD OF EDUCATION
The Commissioners met with the Board of Education at Salem
Avenue Elementary School. The following Board of Education
members were present: Paul Bailey, Russell Williams, Roxanne
Ober, Ed Forrest, and Jacqueline Fischer. Staff members making
presentations were Dr. Elizabeth Morgan, Superintendent of
Schools; William Blum, Chief Operating Officer; and Dr. Patricia
Abernethy, Deputy Superintendent of Schools.
SAT EXAMS AND ADVANCED PLACEMENT RESULTS
Dr. Abernethy reviewed the latest results for SAT tests and
Advanced Placement (AP) testing with the Commissioners. She
reviewed data on the tests from 2000 – 2005. Dr. Abernethy
informed the Commissioners that 734 seniors (55%) took the SAT
test in 2005 compared to 574 (51%) in 2000. The scores for 2005
declined slightly over the 2004 scores, with verbal scores
averaging 489 and math scores at 511. She stated that the
County scores are a little below the state and national
averages. Dr. Abernethy then reviewed initiatives taken by the
Board of Education to assist students in preparing for the SAT
exam.
The Advanced Placement (AP) results were then reviewed. The AP
class enrollment was 1,677 in 2005 and is 1,897 in 2006. Dr.
Abernethy provided a breakdown of the AP classes being taken by
the students. She stated that a recent study found that 85
percent of high school students who took AP courses continued
their education after high school, and that taking AP courses
contributed to students’ ability to complete their degree
requirements. Dr. Abernethy noted that all-time highs in 2005
were: 1,677 enrolled in AP courses, 1,147 exams taken, 645
different exam takers, and 511 exams scored a 3 or higher on a
scale of 1-5.
GASB 45 ANALYSIS AND PROCESS
William Blum, Chief Operating Officer, informed the
Commissioners that the Board of Education is in the early stages
of developing a GASB 45 compliance plan. He stated that they
are currently working with their consultant to develop the plan
as well as the liability and recommended funded expense amounts.
Mr. Blum indicated that they hope to have the final report in
December.
STATE CHANGES TO RETIREMENT PLAN
Dr. Morgan informed the Commissioners that, at a statewide
meeting of school superintendents, they were informed that there
is a $300 million deficit in their retirement system. She
indicated that the main issue is that the State overestimated
the rate of returns on investments to bolster the retirement.
Dr. Morgan stated that there will be more information
forthcoming.
TOUR OF SALEM AVENUE ELEMENTARY SCHOOL FACILITY
JANUARY 17, 2006
PAGE FOUR
The Commissioners toured the renovations at Salem Avenue
Elementary School.
RECESS
The Commissioners recessed at 2:00 p.m.
EVENING SESSION – TOWN OF SMITHSBURG
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.
Commissioner Snook offered his condolences on the death of
former Smithsburg Councilman Charles Slick.
Tax Setoff – Smithsburg
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 2006, the Town of Smithsburg is
estimated to receive $64,859. 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
County has not heard if the State is increasing Program Open
Space (POS) funding for next fiscal year. Councilman Martin
suggested that the County consider ways to make the Greensburg
transfer station more accessible and efficient for the recycling
drop-off program. The Commissioners asked that he send his
suggestions to Harvey Hoch, Recycling Coordinator. Mr. Shoop
suggested that the Town piggyback onto the County’s recycling
contract.
Adequate Public Facilities Ordinance (APFO)
Commissioner Snook stated that the County wants to make sure
that the ordinances adopted by the municipalities are consistent
with the County’s APFO. He informed the Town officials that the
County’s Finance Director has developed a uniform process for
the towns to report the collection of the building excise tax.
Mayor Myers stated that the Town has adopted an APFO but that it
has to be revised to be consistent with the County’s ordinance.
Commissioner Snook indicated that the County extended the
deadline to 120 days to allow the municipalities to revise or
adopt a compliant ordinance in order to receive building excise
tax proceeds retroactive to July 1, 2005. He also reviewed the
Board of Education’s capital projects planned for Smithsburg
area schools. The meeting was then opened for questions and
discussion. Commissioner Kercheval explained how the mitigation
process could work in negotiating with developers.
Smithsburg Branch Library Project – Update
Rodney Shoop, County Administrator, stated that 36 percent of
the branch library was completed as of December 31, 2005. He
indicated that the project is a few weeks behind schedule and
should be completed by the end of April. Mayor Myers stated
that they need to meet with the County to resolve the land
issues.
ADJOURNMENT
Motion made by Commissioner Wivell, seconded Nipps, to adjourn
at 8:10 p.m. Unanimously approved.
,
County Administrator
___________________________,
County Attorney
______________________, Clerk