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May 2, 2006
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 9:30 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 – APRIL 25, 2006
Motion made by Commissioner Nipps, seconded by Wivell, to
approve the minutes of April 25, 2006, as amended. Unanimously
approved.
UPDATE – NORTH HIGH STADIUM AND TRACK PROJECT
John Williamson, Chair of the Mike Callas Stadium Committee, met
with the Commissioners to provide an update on the North High
Stadium and Track Project. Mr. Williamson stated that the
Committee has raised $2,300,000 in pledges to date and has in-
kind gift donations of $657,000, for a total of $2,957,000. He
stated that Program Open Space (POS) funds of $150,000 have been
programmed each year for fiscal years 2006-2008. Mr. Williamson
stated that the private donations would meet the matching fund
requirement for POS funds. He provided background information on
the project. He explained that the total cost of the project is
$4.4 million but, due to in-kind services, actual costs will be
$3,830,000. Mr. Williamson also cited an increase in
construction costs of 50-80% since the original estimates were
obtained. He informed the Commissioners that the Cumberland
Valley Track and Field Association approached them to see if
they would be willing to upgrade the track to meet U.S. Track &
Field certification standards if they paid the additional
$60,000 needed for the project. Mr. Williamson requested that
the Commissioners commit an additional $300,000 in unallocated
POS funds for the project. The meeting was then opened for
questions from the Commissioners. Commissioner Snook thanked
Mr. Williamson and the committee for the update and stated that
the Commissioners appreciate their hard work on this project.
He stated that the Board would be reviewing the recommendation
on POS funds later today.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Wivell stated that he attended the Workers Memorial
Day ceremony and presented a proclamation on behalf of the
Commissioners. He informed the Commissioners that the Gang
Awareness Task Force has requested that the County contribute
used Sheriff’s Department cruisers to the City’s “Citizens on
Patrol” program.
Motion made by Commissioner Wivell, seconded by Munson, to
donate up to three used Sheriff’s Department cruisers to the
City of Hagerstown for use in its Citizens on Patrol program
with the understanding that the City would assume all liability
and maintenance for the vehicles. Unanimously approved.
Commissioner Kercheval stated that he attended the Workers
Memorial Day ceremony and the groundbreaking ceremony for
Landmark Equipment Company. He informed the Commissioners that
he was a judge at the Maugansville Volunteer Fire Company’s
barbeque cook-off fundraiser and participated in a cow milking
competition at the Hagerstown Suns baseball game. Commissioner
Kercheval reported on the Planning Commission meeting and the
Strategic Planning Event held by the Economic Development
Commission.
Commissioner Munson indicated that he attended the Arbor Day
tree-planting ceremony at the Fairview Outdoor School and the
groundbreaking ceremony for Landmark Equipment Company.
Commissioner Nipps stated that she participated in the Arbor Day
ceremony at the Fairview Outdoor School. She informed the
Commissioners that the Board of Education staff would like the
Commissioners to hold one of its joint meetings at the Outdoor
School. Commissioner Nipps reported that she attended the Women
at the Table recognition dinner.
MAY 2, 2006
PAGE TWO
Commissioner Snook informed the Commissioners that he attended
the Chamber of Commerce board meeting. He stated that he
received a call from Mayor Hose of the Town of Clear Spring
asking the Commissioners to abate up to $500 in landfill charges
for the Town’s spring clean-up.
Motion made by Commissioner Wivell, seconded by Kercheval, to
allocate up to $500 from the Commissioners’ Contingency Fund for
landfill costs for the Town of Clear Spring clean-up day.
Unanimously approved.
Commissioner Snook stated that there were several events he
would not be able to attend and asked the other Commissioners if
they would be able to attend on behalf of the Board.
REPORTS FROM COUNTY STAFF
Gary Rohrer, Director of Public Works, informed the Board that
the Roxbury Road project is complete. He provided an update on
the asbestos abatement issues at the Court House and stated that
some staff has been relocated until the removal is complete. He
then answered questions from the Commissioners.
Motion made by Commissioner Kercheval, seconded by Munson, to
approve the second year of grant funding for the Volunteer
Program Grant (Project Aware) from the Corporation for National
and Community Service and the Western Maryland Area Health
Education Center (AHEC) for Citizens Emergency Response
Training. Unanimously approved.
CITIZENS’ PARTICIPATION
Matt Amalfitano, student representative on the North Hagerstown
High School Stadium Committee, spoke in support of the stadium
project and requested that the Commissioners grant additional
POS funds for the project.
Tom Berry expressed concerns regarding the text amendment on the
Heart of the Civil War Heritage Area and the Reality Check Plus
visioning exercise.
John Himes spoke to the Commissioners regarding a number of
issues including a toll-free telephone number for residents in
the southern part of the County, needed repairs on Valley Road,
traffic concerns, and rural rezoning issues.
STATE OF MARYLAND BAY FEE EXEMPTION PROGRAM
Debra Murray, Director of Finance; Al Martin, City of Hagerstown
Finance Director; and Dave Jordan, Executive Director of
Community Action Council, met with the Commissioners to
recommend that the Commissioners approve the application for a
State Bay Restoration Fund (SBRF) fee exemption program for
financial hardship. Ms. Murray explained that the application
would be sent to the State of Maryland for consideration if the
Commissioners approve it. Mr. Jordan stated that the proposed
program would exempt users based on the State guidelines for
financial hardship criteria. The Community Action Council has
agreed to administer the program and would mail out applications
annually with the Maryland Energy Program forms to assist
residents. Ms. Murray stated that a fee of $1.50 per
application would be charged against the SBRF fee program and
remitted to the State of Maryland. Ms. Murray indicated that
she expects that administrative costs would be reimbursed by the
State of Maryland. Mr. Martin indicated that the City of
Hagerstown voted to enter into an agreement with CAC for this
program. The meeting was then opened for questions and
discussion.
Motion made by Commissioner Kercheval, seconded by Nipps, to
approve the application for a State Bay Restoration Fund (SBRF)
fee exemption program for financial hardship for submission to
the State as presented. Unanimously approved.
RESOLUTION MODIFYING THE CHARGES, RENTALS AND FEES – HAGERSTOWN
REGIONAL AIRPORT
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve a resolution modifying the FY 2007 proposed rates and
charges for the
MAY 2, 2006
PAGE THREE
Hagerstown Regional Airport, as outlined, to become effective
July 1, 2006. Unanimously approved. (A copy of Resolution RS-
06-15 can be found in the County Commissioners’ Office.)
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Snook, County Administrator, asked if any of the
Commissioners were attending Reality Check Plus. Commissioner
Kercheval stated that he would be attending the meeting.
TEXT AMENDMENT CP-06-001 – HEART OF THE CIVIL WAR HERITAGE AREA
AND MANAGEMENT PLAN
Motion made by Commissioner Nipps, seconded by Kercheval, to
adopt text amendment CP-06-001 – Heart of the Civil War Heritage
Area and Management Plan as proposed to amend the text of the
Washington County Comprehensive Plan. Unanimously approved.
(Resolution RS-06-16 can be found in the County Commissioners’
Office.)
WASHINGTON COUNTY HISTORY WEEK AND MUSEUM RAMBLE
Mindy Marsden, Executive Director of the Washington County
Historical Society, and Tom Riford, Executive Director of the
Convention & Visitors Bureau, appeared before the Commissioners
to provide information about the Third Annual Museum Ramble,
which is being held on May 6 and 7, 2006. Ms. Marsden stated
that the ramble is a special self-guided tour of the many
museums throughout Washington County. She distributed brochures
on the event and the 17 museums that would be featured and
informed the Commissioners that the ramble would start at the
Visitors Welcome Center. Ms. Marsden indicated that there are
35 museums throughout Washington County that hold treasures of
historical interest and display our art and heritage. Mr.
Riford presented the Commissioners with the Museums & Historical
Sites Guide highlighting all of the museums in Washington
County.
Commissioner Snook presented a proclamation to Ms. Marsden and
Mr. Riford in recognition of the efforts of the Association of
Museums and Historic Sites and in celebration of the Third
Annual Museum Ramble to promote these sites in Washington County
PROCLAMATION – COVER THE UNINSURED WEEK
Commissioner Snook presented a proclamation to Joy Taylor,
Carrie Hummel, and Mark Smith, representing the Western Maryland
Area Health Education Center, designating May 1-7, 2006, as
“Cover the Uninsured Week” in an effort to recognize the urgency
of seeking solutions to this problem.
RECESS - LUNCH
The Commissioners recessed at 11:40 a.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:00 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.
REVISIONS TO TIP JAR REGULATIONS – WASHINGTON COUNTY GAMING
OFFICE
James Hovis, Director of the Washington County Gaming Office,
met with the Commissioners to review the requested revisions to
the Tip Jar Regulations. Mr. Hovis stated that the revisions
would adjust the County regulations so that they are not more
restrictive than the State statute allows. He added that two
new sections address loopholes in the current regulations that
would allow for unfair play on behalf of the tip jar operators.
Mr. Hovis reviewed each section that was revised. The meeting
was then opened for questions from the Commissioners.
Motion made by Commissioner Nipps, Seconded by Wivell, to
approve the revisions made to the Tip Jar Regulations, as
presented. Unanimously approved.
TOWN OF BOONSBORO ANNEXATION REQUEST
Mr. Thompson reviewed the request made to annex 197.57 acres in
order to provide public water service in an area that has been
determined to
MAY 2, 2006
PAGE FOUR
contaminate ground water wells. The application proposes to
zone the properties SR – Suburban Residential, TR- Town
Residential, and GC – General Commercial, upon annexation. The
Town will extend a new water line along Alternate Route 40 to
Mill Point Road if the annexation is approved. Mr. Thompson
stated that the request is consistent with the adopted County
Comprehensive Plan, which designated the properties as either
low-density residential or commercial. The meeting was then
opened for questions and discussion.
Motion made by Commissioner Nipps, seconded by Wivell, to concur
with the determination of the Planning staff that the proposed
annexation requested by the Town of Boonsboro for 197.57 acres
along Alternate Route 40 to Mill Point Road is consistent with
the adopted County Comprehensive Plan. Unanimously approved.
PROPOSED AMENDMENTS – BUILDING EXCISE TAX ORDINANCE
Richard Douglas, County Attorney, and Mr. Thomas reviewed the
proposed amendments to the Building Excise Tax Ordinance
Revision 4, following the public hearing on April 11, 2006. The
Commissioners discussed the item included for the exclusion of
elderly housing school exemption from the tax for schools. It
was the consensus to leave this section in the ordinance.
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve Revision 4, the proposed amendments to the Building
Excise Tax Ordinance with the final revisions indicated today.
Motion carried with Commissioners Nipps, Kercheval, Munson, and
Snook voting “AYE” and Commissioner Wivell voting “NO.” (A copy
of Ordinance OR-06-04 can be found in the County Commissioners’
Office)
FY 2007 PROGRAM OPEN SPACE FUNDING
Jim Sterling, Director of Buildings, Grounds & Parks, met with
the Commissioners to review the FY 2007 Program Open Space
Funding proposals as recommended by the Recreation and Parks
Board. Mr. Sterling informed the Commissioners that the
County’s FY 2007 allocation from the State is $2,867,918. The
Commissioners then discussed the proposed projects as
recommended by the Board: Development – Board of Education -
$1,446,900; Boonsboro - $100,500; Funkstown – $58,500;
Hagerstown – $373,860; Hancock – $275,306; Williamsport –
$63,000; Washington County –$198,825; Acquisition: Boonsboro –
$50,078; Hagerstown Community College - $182,815; and Reserve
Funds - $299,677 for future acquisition and/or development. The
Commissioners discussed the request made this morning to commit
an additional $300,000 from the reserve funds for the North
Hagerstown High School Track. Commissioner Nipps stated that it
was the position of the Recreation and Parks Board that
reserve funds be banked for future acquisition or construction
of a community recreation center. Commissioner Snook proposed
taking the funding for the track from the Westfields School
allocation since the project will probably not be built this
fiscal year. Commissioner Kercheval suggested that the
Maugansville Community Recreation Center be reduced to $600,000
and Westfields to $350,000, to provide the additional $300,000
toward the North High track. Mr. Sterling also suggested that
they consider setting aside funding for artificial turf at the
junior league football field at Marty Snook Park because of the
large number of games that are played on that field. He
estimated that the project would cost $700-800,000.
Motion made by Commissioner Kercheval, seconded by Munson, to
approve the FY 2007 Program Open Space program as presented in
the amount of $2,867,918, with the following adjustments:
Maugansville Community Recreation Center - $600,000, Westfields
Recreation Center - $350,000, North Hagerstown High School Track
– an additional $300,000, and reserves kept in place. Motion
carried with Commissioners Kercheval, Munson, and Snook voting
“AYE” and Commissioners Nipps and Wivell voting “NO.”
CONTRACT AWARD – WORKERS’ COMPENSATION THIRD PARTY ADMINISTRATOR
Motion made by Commissioner Munson, seconded by Kercheval, to
award the contract for Workers’ Compensation Third Party
Administrator to The Schaffer Companies, Ltd., which submitted
the lowest proposal cost of
MAY 2, 2006
PAGE FIVE
$47,520 per year for each of fiscal years 2007 through 2009,
totaling $142,560. Unanimously approved.
INTERGOVERNMENTAL COOPERATIVE PURCHASE – LINE STRIPING CONTRACT
Motion made by Commissioner Wivell, seconded by Munson, to
authorize by resolution the Highway Department to piggy-back the
City of Hagerstown’s contract with Alpha Space Control Co., Inc.
for line striping of 1,632,735 linear feet at $.04 a linear foot
on various roads within the County in the amount of $65,309.40,
in accordance with the terms and conditions of that contract
resolution pursuant to Section 1-106.3 of the Code of Public
Local Laws of Washington County, Maryland. Unanimously
approved. (A copy of Resolution RS-06-17 can be found in the
County Commissioners’ Office.)
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wivell, seconded by Munson, to
convene in closed session at 2:58 p.m. to discuss personnel
matters relating to the appointment, employment and/or promotion
of individuals over whom the Commissioners have jurisdiction and
any other personnel matters affecting one or more specific
individuals and consult with counsel to obtain legal advice, 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 Munson, to
reconvene in open session at 3:50 p.m. Unanimously approved.
In closed session, the Commissioners discussed two (2) personnel
matters relating to the employment of individuals over whom the
Commissioners have jurisdiction and other personnel matters
affecting one or more individuals and consulted with counsel to
obtain legal advice. 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 John Martirano, County Attorney; Kirk Downey,
Assistant County Attorney; Rodney Shoop, County Administrator;
Joni Bittner, County Clerk; David Hankinson, Director of Human
Resources; Ed Plank, Highway Superintendent; Joe Kroboth, Deputy
Director of Public Works; Samuel Ecker; and Matthew Harsh.
APPOINTMENTS – PLANNING COMMISSION & ADVISORY COMMISSION TO THE
BOARD OF HEALTH
Motion made by Commissioner Kercheval, seconded by Munson, to
appoint Samuel Ecker to the Planning Commission for a five-year
term and to appoint Craig Spriggs to the Advisory Commission to
the Board of Health for a three-year term. Unanimously
approved.
ADJOURNMENT
Motion made by Commissioner Munson, seconded by Wivell, to
adjourn at 3:51 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,
County Clerk