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January 24, 2006
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 8:30 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 – JANUARY 17, 2006
Motion made by Commissioner Munson, seconded by Nipps, to
approve the minutes of January 17, 2006, as amended.
Unanimously approved.
INTRODUCTION OF NEW EMPLOYEES
Dee Hawbaker, Human Resources Administrator, introduced new
County employees Mary Nelson (County Commuter), Kristin DeBold
(Engineering), and Robert Long II, Brandon Physioc, and Robert
Harris (Detention Center). The Commissioners welcomed the new
employees and wished them well in their positions.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Munson suggested that the Commissioners consider
lowering the assessment cap to 5% on residential property and
reducing the property tax rate to the constant yield tax rate.
Commissioner Wivell stated that he believes they would have had
to lower the rate last November. He asked Richard Douglas,
County Attorney, to check the regulations on this matter.
Commissioner Wivell also asked that the Budget & Finance
Department make a presentation to them regarding the constant
yield tax rate. Rodney Shoop, County Administrator, suggested
that they include it in the budget presentation when revenues
are presented.
Commissioner Nipps stated that she attended the Planning
Commission’s workshop on planned unit developments (PUDs) and
the presentation of the City of Hagerstown’s Comprehensive Plan.
She stated that she attended the installation ceremony for the
new officers on the Commission on Aging Board of Directors.
Commissioner Nipps reported on the Airport Advisory Commission
meeting and provided an update on the runway improvement
project.
Commissioner Wivell informed the Commissioners that he attended
the Board of Public Works meeting to appeal for additional money
for Maugansville and Pangborn Elementary Schools. He stated
that he attended the presentation on the City’s Comprehensive
Plan and the ribbon-cutting ceremony for the new Sheetz store on
Pennsylvania Avenue. Commissioner Wivell stated that he also
attended Williamsport Volunteer Fire Company’s awards banquet
and participated in Citizens on Patrol. He reported on the
Board of Social Services meeting. Commissioner Wivell stated
that he met with the Sheriff regarding the central booking
procedure and will work with City Council member Penny Nigh to
draft an operating agreement with the City. He informed the
Commissioners that the State budget does not provide adequate
funding for the salary and wage increases being proposed for
Health Department employees and asked that the Maryland
Association of Counties make this one of their initiatives.
Commissioner Kercheval reported on the Planning Commission
workshop and Local Management Board meeting. He also attended
the presentation of the City’s Comprehensive Plan and commented
that, based on their 20 year growth plan, there may be a need
for four new elementary schools, one new middle school, and one
new high school to support the City’s growth. Future
consideration should be given to finding land for these new
schools as the City continues to grow. Commissioner Kercheval
stated that they learned at the recent Metropolitan Planning
Organization (MPO) meeting that Washington County was designated
a “non-attainment” area for particulate matter. New federal
clean air regulations on particulate matter levels would require
that all major road projects in the County be tested for
compliance with these regulations. He also indicated that,
JANUARY 24, 2006
PAGE TWO
based on comments in the recent Federal audit of the MPO, a
full-time administrator would be required for future
administration of the MPO. Funding of this position would be
shared by Maryland and West Virginia out of designated MPO
monies and would require a County match in cash or “in-kind”
services. Commissioner Kercheval informed the Commissioners
that he met with Boonsboro’s Town Manager to discuss a
subdivision in that area.
Commissioner Kercheval stated that he met with members of the
Greater Hagerstown Committee, Chamber of Commerce, and CHIEF
regarding hiring a lobbyist to assist the Delegation on issues
of importance to Washington County. He stated that these three
agencies have asked County government to join their efforts and
be an equal funding partner, with each agency contributing
$3,000, for a total cost of $12,000. Commissioner Kercheval
outlined the following four issues where efforts would be
focused: 1) water and sewer funding upgrades, 2) gaming issues,
3) Edgewood Drive and Route 40 improvements, and 4) the
emergency radio communications system. The lobbyist would also
schedule a day in Annapolis to meet with legislators on issues
of importance to the County. The County’s contribution would be
$3,000. The meeting was then opened for discussion and
questions.
Motion made by Commissioner Kercheval, seconded by Nipps, to
contribute $3,000 to participate with Greater Hagerstown
Committee, the Hagerstown-Washington County Chamber of Commerce,
and CHIEF, to hire a lobbyist to promote Washington County’s
interests during the 2006 legislative session, with funds to be
taken from the Commissioners’ contingency fund. Motion carried
with Commissioners Kercheval, Nipps, and Snook voting "AYE" and
Commissioners Wivell and Munson voting “NO.”
Commissioner Snook expressed concerns with the air conformity
issues that were discussed at the MPO meeting. He stated that
the County would have to go through an analysis for each major
project. Commissioner Snook stated that he received a
notification from FEMA that the County’s mitigation plan was
approved and the County is now eligible for federal assistance
for disasters.
REPORTS FROM COUNTY STAFF
Gary Rohrer, Director of Public Works, informed the
Commissioners that the School Design Review Committee completed
its review of Callas stadium. He stated that he would be
meeting with the Budget and Taxation Committee on the impacts of
withholding highway user revenues. Mr. Rohrer indicated that a
transition plan has been developed for the Highway Department in
light of the announcement of Ted Wolford’s retirement as
Superintendent.
John Latimer, IV, Emergency Services Director, informed the
Commissioners that the Williamsport Ambulance Company has merged
with the Williamsport Volunteer Fire Company and will be
relocating to the Fire Company’s facility. He stated that this
is a positive move and commended them for their efforts.
Mike Thompson, Director of Planning, stated that the quarterly
rezoning hearing in March will be expanded to at least two
meetings due to the number of cases.
RECOGNITION OF THEODORE “TED” WOLFORD – HIGHWAY SUPERINTENDENT
Commissioner Snook presented a Certificate of Merit to Ted
Wolford in recognition of his faithful and dedicated service to
County government in serving as a department head at the
Highways Department for 34 years. Mr. Wolford thanked the
Commissioners for the Certificate and stated that his success is
due to the employees who have worked with him over the years.
CAPITAL IMPROVEMENT PROGRAM (CIP) REVIEW
Debra Murray, Director of Finance; Gary Rohrer, Director of
Public Works; and Mike Thompson, Director of Planning, met with
the Commissioners to provide an initial overview of the 2007-
2012 Capital Improvement Program (CIP) budget for the
Commissioners’ review. Ms. Bastian emphasized that
JANUARY 24, 2006
PAGE THREE
it is a draft document and will require revisions before it is
finalized for consideration at the budget hearing. She stated
that it would be done slightly differently this year since she
is still waiting for submissions from an outside agency and does
not have a total budget figure.
At this time, the Commissioners began a page-by-page review of
the specific projects requested in drainage projects, bridges,
and water and sewer projects.
CITIZENS’ PARTIPATION
Ron Maynards asked about construction work being awarded to
local contractors. Commissioner Snook explained the County’s bid
process.
CHANGE ORDER – PEN MAR WATER FACILITIES PROJECT
Motion made by Commissioner Munson, seconded by Wivell, to
approve a change order with Mid-Atlantic Utilities for the
PenMar Water Facilities project for a decrease of $245,877.50,
due to adjustments in the contract decreasing the depth of pipes
from 4½” to 3”. Unanimously approved.
PUBLIC SAFETY RADIO COMMUNICATIONS STATUS REPORT
Gary Rohrer, Director of Public Works, and David McCobin, lead
consultant from L. Robert Kimble & Associates, met with the
Commissioners to provide a status report on the public safety
radio communications project.
Mr. Rohrer reviewed the project timeline and Mr. McCobin
outlined the scope of the project. He stated that the current
equipment is aging and would soon become obsolete. He also
stated that the project upgrade would provide better radio
coverage, better interoperability, and allow for future
enhancements. Mr. McCobin reviewed the scope of the project and
the timeline. He indicated that they hope to begin
implementation in the third quarter of 2006. At this time the
meeting was opened for questions from the Commissioners.
RECESS – LUNCH
The Commissioners recessed at 11:49 a.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:06 p.m. by
President Gregory I. Snook with the following members present:
Commissioners James Kercheval, John Munson, and Doris Nipps.
(Commissioner Wivell arrived at 1:18 p.m.)
UPDATE – WATER & SEWER INFRASTRUCTURE COMMISSION
Merle Elliott, Chairman of the Water & Sewer Infrastructure
Commission, met with the Commissioners to provide an update on
the Commission’s activities and their preliminary observations,
conclusions and recommendations. Mr. Elliott stated that the
Commission members were divided into the following sub-
committees: Facilities and Organization; Debt, Finance and
Accounting Structure; Legal Issues and Labor Relations; and
Planning and Environmental. He reviewed the responsibilities
and goals of each workgroup and the committee members assigned
to each workgroup.
Mr. Elliott outlined the responsibilities of the Commission as
delineated in House Bill 1211 and their charge to identify
critical areas of need with regard to water and sewer services
in Washington County and how to meet Washington County’s water
and sewer needs through 2055, to include the options of
consolidation or regionalization of services, joint service
agreements, or regional authorities. He stated that the
Commission has begun to fine-tune its recommendations with the
final report due in June 2006. Mr. Elliott indicated that he
did not want to get into specifics about what would be in the
final report but emphasized the need for compliance with state
and federal regulations, careful planning, and establishing
priorities. He noted that all entities should coordinate
facilities in the County to assure maximum benefit for the
citizens and suggested that this be done on a more formalized
basis. Mr. Elliott stated that if a merger or consolidation is
considered, it would
JANUARY 24, 2006
PAGE FOUR
require careful consideration of financial values and more study
than the Commission is capable of providing, as well as the
creation of an independent body to provide oversight. The
meeting was then opened for questions.
REVIEW OF 2005 GOALS
Rodney Shoop, County Administrator, reviewed the process used to
update the County’s goals. Staff members reviewed the 2005 goals
and the action plans and outcomes associated with each one.
Goal #1 - Adopt rural area zoning after consideration of equity
and land preservation.
Mike Thompson, Planning Director, reviewed the action planning
worksheet for this goal. Mr. Thompson stated that Rural Area
Zoning was adopted in July 2005. He indicated that they are
still working with the Agricultural Preservation Advisory Board
with a target date of August to present recommendations to the
Commissioners on consideration of an equity and land
preservation program. Mr. Thompson indicated that they are also
working to review Comprehensive Plan regulations and other
ongoing issues.
Goal #2 - Work with municipalities to develop residential and
business tax incentive programs in designated areas.
Tim Troxell, Executive Director of the Economic Development
Commission (EDC), reviewed the action plan for Goal #2. Mr.
Troxell stated that the Commissioners approved recommendations
from the EDC Intergovernmental Committee on excise tax area
exemptions. He indicated that the Committee is scheduled to
meet next week and they are expecting requests from Boonsboro
and Funkstown to designate redevelopment areas. Mr. Troxell
noted that the Town of Hancock had its enterprise zone
redesignated. He stated that the Commissioners have not yet
adopted a resolution regarding tax credits for the Arts and
Entertainment District. Mr. Troxell indicated that the
Committee would like the City of Hagerstown to approve a plan
regarding residential tax credits before they bring it before
the Commissioners for consideration.
Goal #3 - Appoint a task force to develop recommendations to
address affordable housing.
Richard Willson, Chair of the Workforce Housing Task Force,
reviewed the action plan and stated that the Task Force
presented its recommendations to the Commissioners in October
2005. He stated that the Committee is working on a list of
strategies that the County could consider and are close to
making recommendations. He urged the County to have staff take
a stronger role and suggested that the County establish a
housing trust fund.
Goal #4 - Improve the planning process for construction and
renovation of school facilities. Develop policies to manage
growth as it relates to school capacity.
Mike Thompson, Director of Planning, reviewed Goal #4 and the
associated action plan. He stated that the Board of Education
has hired a planner and they are working with her regarding
school sites. Mr. Thompson informed the Commissioners that they
are working with the Board regarding the other issues. The
Board of Education has adopted a School Facilities Plan.
Goal #5 - Develop a long-range plan for the future use of the
Forty West Landfill.
Robert Davenport, Director of the Department of Solid Waste,
reviewed the progress on the 2005 goal to develop a long-range
plan for the future use of the Forty West Landfill. Mr.
Davenport stated that waste reduction and recycling strategies
were prioritized and a flow chart developed for capacity
efficiency. Harvey Hoch, Recycling Coordinator, provided
information on e-cycling and the recycling program that is being
instituted by the City. Mr. Rohrer stated that the staff is
considering reactivating the rubble landfill.
Goal #6 - Develop policies and procedures to initiate the
implementation of the Emergency Medical Services Master Plan.
JANUARY 24, 2006
PAGE FIVE
John Latimer, Emergency Services Director, discussed the action
plan for Goal #6. He stated that the Plan should be in draft
form by next month and presented to the City Council in
February. Mr. Latimer indicated that they hope to have it
formally adopted in late spring.
Goal #7 - Initiate an evaluation of all plans, policies,
procedures and ordinances that relate to growth management. Mr.
Rohrer stated that action item 4 was implemented. He informed
the Commissioners that the staff determined that the pivotal
point is the subdivision regulations. Mr. Rohrer stated that it
was the consensus to look at one ordinance at a
time and make changes to other documents as it affects them. He
indicated that they hope to meet with the Planning Commission in
March and feel this goal should be continued into 2006.
PURCHASE OF RIGHT-OF-WAY FEE SIMPLE AND EASEMENTS – MAUGANS
AVENUE
Motion made by Commissioner Munson, seconded by Kercheval, to
approve the purchase of right-of-way fee simple and easements
from Charles and Fern Weaver at 18545 Maugans Avenue in the
amount of $11,260, which are needed for the Maugans Avenue
improvement project. Unanimously approved.
BID AWARD – SANDY HOOK WASTEWATER TREATMENT PLANT IMPROVEMENTS &
BUDGET TRANSFER REQUEST
Motion made by Commissioner Nipps, seconded by Wivell, to award
the contract for improvements to the Sandy Hook Wastewater
Treatment Plant to Callas Contractors, Inc., which submitted the
lowest responsible, responsive bid of $494,000 and Alternate A
in the amount of $44,900 for a total of $538,900, and to approve
the budget transfer of $125,804 from the Oak Ridge Pump Station
project to the Sandy Hook Treatment Plant Upgrade to cover
expenses of the bid award and adjustment of grant amount. The
award is contingent upon Department of Environment approval.
Unanimously approved.
CONSTRUCTION INSPECTION SERVICES – APPROVAL TO PROCEED WITH NEXT
LOW PROPOSER
Karen Luther, Purchasing Agent, stated that, due to the non-
responsiveness of the present contractor to supply inspectors to
the County, she is requesting authorization to proceed in
contacting the next lowest responsive, responsible proposer,
Hillis-Carnes Engineering Associates, for the
Construction/Building Inspection Services, until a new contract
can be awarded. After discussion, it was the consensus of the
Commissioners to approve Ms. Luther’s request.
YOGI BEAR’S JELLYSTONE PARK CAMPGROUND SEWER CONNECTION FEES
The Commissioners discussed the request made by Ron Vitkun,
owner of Yogi Bear’s Jellystone Park Campground, to allow them
to establish a five-year payment plan for the sewer connection
fees and benefit charges for the upgraded design of the sewage
pump station and force main. Tim Troxell, Executive Director of
the Economic Development Commission, 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. Commissioner
Nipps provided information on additional taxes that would be
raised by the expansion of the campground. The Commissioners
discussed the issue.
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the request made to establish a five-year payment plan
for the sewer connection fees and benefit charges for Yogi
Bear’s Jellystone Park Campground, with no interest. Motion
carried with Commissioners Nipps, Kercheval, and Snook voting
“AYE” and Commissioners Wivell and Munson voting “NO.”
LANDMARK EQUIPMENT – EXCISE TAXES ASSOCIATED WITH PROPOSED
EXPANSION/RELOCATION
The Commissioners discussed the request heard at last week’s
meeting toconsider granting an exemption or reduction in the
excise tax for the
JANUARY 24, 2006
PAGE SIX
portion of Landmark Equipment’s expansion/relocation that meets
the criteria for an agricultural exemption.
Mr. Troxell, Executive Director of the Economic Development
Commission, provided information from Landmark Equipment
documenting the percentage of business sales that are
agricultural over the last two years. Mr. Troxell stated that
an average of 84.35% were agricultural sales. The meeting was
then opened for questions and discussion.
Motion made by Commissioner Munson, seconded by Wivell, to
approve the request made by Landmark Equipment, LLC and exempt
85% of the portion of the excise tax for the new buildings
dedicated to agricultural/farm construction that qualifies under
the agricultural exemption. Unanimously approved.
UNITED WAY AND COMMUNITY HEALTH CHARITIES UPDATE
Angela Helfrick, Chair of the County’s United Way and Community
Health Charities campaign, provided an update to the
Commissioners on the contributions made in 2005. Ms. Helfrick
stated that County employees donated a total of $59,759, with
$49,657 going to United Way and $10,102 to Community Health
Charities. She noted that this amount was $9,759 over the goal
for 2005. Mr. Shoop congratulated Ms. Helfrick on receiving the
2005 Spirit Award from United Way for her efforts. Ms.
Helfrick recognized Bardonna Woods, Bob Jones, Paula Fisher,
John Pennesi, Henry Renner, and Sgt. Daryl Long for their
assistance in serving as team leaders or helping with projects
during the United Way Day of Caring. She stated that Washington
County employees received an outstanding achievement award. The
Commissioners then drew names to determine the winners of the
incentive prizes for the 2005 United Way campaign. Henry Pepple,
Jan Davenport, and Robert Whittington were the winners of three
Prime Outlet gift certificates.
EARLY INTERVENTION PROJECTS FUND – FY 2006
Stephanie Stone, Director of the Washington County Community
Partnership for Children and Families (WCCP), informed the
Commissioners that they recently reviewed concept applications
for the award of Early Intervention Projects for a short-term
project or short services that meet a “gap” or short-term need
locally. Ms. Stone stated that $5,391 is available for projects
that meet the program guidelines. She stated that the Review
Panel recommended that $2,000 be awarded to the Maryland
Symphony Orchestra Guild for “Using Music As An Early
Intervention Tool” and $3,391 to APPLES for Children, Inc. for a
seminar project with the Washington County School Readiness
Collaboration for Dr. Becky Bailey’s “Conscious Discipline
Professional Development for Early Caregivers and Educators,
Parents and Other Family Members” program.
Motion made by Commissioner Nipps, seconded by Wivell, to
approve the recommendation to award $2,000 to the Maryland
Symphony Orchestra Guild for “Using Music As An Early
Intervention Tool” and $3,391 to APPLES for Children, Inc. for a
seminar project with the Washington County School Readiness
Collaboration for Dr. Becky Bailey’s “Conscious Discipline
Professional Development for Early Caregivers and Educators,
Parents and Other Family Members” program. Unanimously
approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Munson, seconded by Nipps, to
convene in closed session at 4:02 p.m. to consult with counsel
to obtain legal advice, consult with staff about pending
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.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Kercheval, seconded by Wivell, to
reconvene in open session at 4:57 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
JANUARY 24, 2006
PAGE SEVEN
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; Richard Douglas, County; Kirk
Downey, Assistant County Attorney; Joni Bittner, County Clerk;
Gary Rohrer, Director of Public Works; Michael Thompson,
Director of Planning; and Greg Murray, Director of the
Department of Water Quality.
ADJOURNMENT
Motion made by Commissioner Nipps, seconded by Kercheval, to
adjourn at 4:57 p.m. Unanimously approved.
,
County Administrator
_____________________________________,
County Attorney
______________________, Clerk