Note: This is a SUMMARY of the Commissioners Meeting for the purposes of a Press Release. These are not the actual minutes of the meeting.

FOR IMMEDIATE RELEASE
CONTACT: NORMAN BASSETT
240-313-2130

Review of Actions Taken in the Washington County
Board of County Commissioners Meeting
June 17, 2003

INTRODUCTION OF NEW EMPLOYEES
Interim Human Resources Director Dee Hawbaker introduced Brett Wilson to the Board, who has been recently employed as a full-time State's Attorney II. Wilson had been employed part time as the Nuisance Abatement Attorney with the Narcotics Task Force. The fulltime appointment will give backup to State's Attorneys working with NTF, Wilson said.

COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Dori Nipps reported on the retirement event for Board of Education Athletic Coordinator Yogi Martin. An open house at the Technical High School House showed off the works of School System students over the last year. The house, located off Sterling Road, sold within two days of advertisement, Nipps said. The Association of Builders and Contractors Trade Show at the Agricultural Education Center was a success, and several Commissioners from other Counties were in attendance. Nipps also discussed the Transfer of Development Rights workshop held by the Planning Commission on Monday.
Commissioner John Munson told the Board about a Recreational Vehicle gathering in Michigan, and stated that the County should have a facility that could handle large numbers of RV's as an Economic Development tool.
Commissioner Jim Kercheval reported on A meeting of the Black Rock Golf Course Road. The recent heavy rains have taken a toll on golf course operations. The Course may not make the break-even point this year, but it will be only the third year out of 13 years of operation that the course has not shown a profit. School Board member Princeton Young will be sworn in during tonight's meeting of the Board of Education, Kercheval reported. The Planning Commission discussed rezoning issues at its Monday meeting. Public Workshops will be held soon on the rezoning called for in the revised Comprehensive Plan, Kercheval said.
Commissioner Bill Wivell commented on a proposed study of groundwater in Washington County and asked for an update on that proposal. Commissioners' President Snook said that a study had been performed by the Maryland Geological Survey in the past, and asked for an update on the issue from Planning and Community Development Director Bob Arch. Wivell reported on a situation at Walnut Point Heights in Williamsport involving drainage issues due to a development constructed near a wetlands area. The Board will send a letter to the developer and ask for a plan of action on mitigating that water problem. Wivell also reminded the public that it is illegal to hook up storm drains or sump pumps into the County sewage system. The Water and Sewer Advisory Commission has requested time on the Commissioners' agenda to address issues involving the pretreatment facility, Wivell said. Talks with the City of Hagerstown regarding Water and Sewer issues are moving ahead. Minutes of the Planning Commission should be posted on the Web, Wivell said. Planning and Community Development Director Arch said that the minutes are not finalized until all issues are resolved, and that sometimes it is a period of months before that can happen.
Commissioners' President Greg Snook told the Board that the County is clearing debris from beneath bridges on the Antietam and Conococheague creeks as fast as is feasible. St. James School has sent a letter of thanks to Water and Sewer Department personnel for their prompt action in repairing a broken water line to the school just hours before the annual graduation ceremonies. The first annual meeting of the Foreign Trade Zone Board reported on development of a procedures manual and operator agreements. The first request for activation will be for the Zone located at Hagerstown Regional Airport. The State Highway Administration has advised the County that a project will begin soon on Maryland Route 66 at San Mar Road. Three tenths of a mile of road will be affected, and there will be single lane closures. There will also be an SHA project taking place soon on I-70 near Tonoloway Creek involving bridge deck replacement, and lane closures will take place there as well, Snook said.

REPORTS FROM COUNTY STAFF
Planning and Community Development Director Bob Arch said there will be two Public Hearings on the agenda next week regarding Community Development Block Grant and Housing Study Grant applications. Arch said that Transfer of Development Rights, the Adequate Public Facilities Ordinance, and public meetings on Comprehensive Plan Zoning updates will all come before the Board in July.
Budget and Finance Director Debra Bastian reported that a change in employee paychecks has taken place due to recent federal tax regulations. With the retirement of Paul Prodonovich, long-time Director of Permits and Inspections, certain duties assigned to that department are being redistributed. For example, the Gaming Office is looking to manage Video Game, Entertainment and Bingo Licensing in the County, Bastian said. The move puts all gaming issues under one office and was an idea brought forward by Gaming Office Director Daniel Devito, Bastian said. The State could make additional mid-year budget adjustments, Bastian reported, and any surplus from the current fiscal year should be set aside to help deal with that possibility, or for possible support to the Fiscal Year '05 budget, which will also be impacted.
Public Works Director Gary Rohrer reported that the new sound system for the Commissioners' meeting room will be installed in time for next week's meeting. The new system will also improve communications for persons with hearing impairments. The public is advised to abide by and follow all posted detour signs in Washington County, Rohrer said. At issue is the detour in place while work is being done on Alternate Route 40 on South Mountain. The state detours traffic on state routes. Therefore, the posted detour takes motorists from Boonsboro to I-70 by way of MD Route 66 then onto MD Route 17 at Myersville to Middletown. Drivers are ignoring that route, then realizing that the road is closed and end up using inappropriate alternatives. Alternate County roads, such as Clevelandtown Road, are not capable of high traffic volumes and speeds. The public should pay attention to posted detour patterns for safety sake, Rohrer said.

CERTIFICATE OF AWARD: PAUL PRODONOVICH
Commissioners' President Greg Snook presented Paul Prodonovich, Department of Permits and Inspections Director a Certificate of Award for his 30 years of faithful service to Washington County. Prodonovich, who will retire on June 30th, has been responsible for enforcement of all building codes and Zoning ordinances. Prodonovich said he felt pride in his 30-year service to the Citizens of Washington County, and thanked the Permits and Inspections staff and the Boards of County Commissioners for support for the department over the years.

ECONOMIC DEVELOPMENT TARGET MARKETING STUDY
Suzanne Hays of the Economic Development Commission Marketing Committee and Cassandra Latimer, EDC Marketing Specialist brought this report to the Board. The Marketing Committee has completed an in-depth study of growth industries in the U.S. A list of ten industry types that best match Washington County resources has been developed, and the Committee is looking to use the list as a focus for future marketing efforts. Industries named included Plastics Material and Resin manufacturing; Light Truck and Vehicle manufacturing; Search, Detection, Guidance, Aeronautical and Nautical System and Instrument manufacturing; Machine Tool manufacturing; Wineries; On-Line Information Services; Process, Physical Distribution and Logistics Consulting Services; Administrative Management and General Management Consulting Services; Satellite Telecommunications; and Cellular and Other Wireless Communications. Funding for the marketing efforts are a party of the EDC budget for the coming fiscal year. Hays said the study will be used as a roadmap by the new EDC Business Development Specialist. Latimer told the Board that the study is a starting point, and once an agreement is reached on the list of industries, the best use of marketing dollars will be made. The study does not eliminate broad-based marketing strategies that have worked well in the past. Commissioner Snook suggested that the Print Industry not be ignored in that effort. The Board agreed that the marketing strategy should proceed. EDC Director Tim Troxell introduced Steve Christian as the new Business Development Specialist. Christian comes to the County after serving in similar capacities in West Virginia and Montgomery County.

ELECTION BOARD LEASE AGREEMENT
Dorothy Kaetzel, Director of the Board of Election Supervisors Office and County Purchasing Agent Karen Luther brought this matter before the Board. The request was to extend the lease agreement between the County and Elections Systems & Software, Inc. for the Electronic Election System. The original lease was for 7 years, and was extended for two years in 2001. The contract included the City of Hagerstown at that time. Total cost will be $137,280 payable in two installments. In 2001 the City of Hagerstown opted out of the contract. The City is dealing directly with that company regarding its extension options. The extension would be for two years, with equal payments coming in July of 2003 and 2004. The measure was approved by unanimous vote.

BUILDING AND CONTENTS INSURANCE COVERAGE
Annajean McKnight, Risk Management Administrator in the Human Resources Department, brought a recommendation for the award for Buildings and Contents Insurance coverage before the Board. Local Government Insurance Trust was low bidder, McKnight said, in the amount of $78,522.00. Duration of the policy is for one year with two consecutive one-year renewal periods. The measure was approved by unanimous vote
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PUBLIC OFFICIALS LIABILITY AND EMPLOYMENT PRACTICES LIABILITY
McKnight requested award of the contract for these insurance coverages to BB&T-Frederick Underwriters, who submitted the low bid. McKnight requested the Board consider amending the deductible to $50,000, and increase the premium by $6,250.00. Three options were submitted with the recommended option reducing the deductible by $25,000.00 while raising the premium. The measure was approved by unanimous vote.

CONTRACT AWARD: PHASE III ARCHAEOLOGICAL INVESTIGATIONS AT 40-WEST LANDFILL
Purchasing Agent Karen Luther and Assistant Chief Engineer Rob Slocum brought this request to the Board, to award the contract for the Archaeological study at 40-West Landfill to R. Christopher Goodwin & Associates, Inc., of Frederick, MD, for the lowest total proposal amount of $134,976.70. Prior to construction of the 40-West landfill, a small cemetery was found to be located on the site. The contract will enable the relocation of a historic cemetery from the landfill site, in accordance with State and Federal regulations while also gaining knowledge of and properly recording a significant piece of Washington County history. The time for completion is 350 calendar days after Notice to Proceed. The Phase I archeological investigation identified a historic cemetery as the single potentially significant archeological resource. In Phase II, the cemetery was confirmed to be eligible for the National Register of Historic Places. The cemetery contains an estimated fifty graves in a rectangular space of approximately 60 feet by 75 feet. The work conducted will address relocation in a respectful manner, and all steps will be taken to preserve the remains with grave goods and markers. Descendants will be contacted again about the relocation and be given the opportunity to choose the place of reinterment. The measure was approved by unanimous vote.

CITIZENS PARTICIPATION
Each week the Board of County Commissioners sets aside time to hear from the Citizens of Washington County on matters of community interest.
Joe Lane of Smithsburg commented on school capacity issues and asked that developers be required to cover costs of building or renovating schools.
Jim Laird of Hagerstown expressed support for the excise and transfer taxes.
Debbie Turpin of Hagerstown said that excise and transfer taxes are shouldered by homebuyers and the Adequate Public Facilities Ordinance should address road and school capacity.
Don Allensworth of Hagerstown commented on the Runway Extension at Hagerstown Regional Airport and said that Water and Sewer issues at Boonsboro would be that Town's responsibility.
Carroll Earp of Hagerstown commented that new excise and transfer taxes will not deter new homeowners from coming to Washington County.

PROPOSED EXCISE AND TRANSFER TAXES
County Attorney Richard Douglas brought these two proposals before the Board for adoption. A public hearing was held on both of the taxes last week, and the record remained open for 5 working days in order to gather written comment. The Excise Tax ordinance would levy a $1.00 per square foot tax on the construction of all multi-family residential units including semi-detached, two-family, townhouses, and multi-family units, and a graduated multi-year rate on single-family homes of $0.25 per square foot for fiscal year 2004, $0.50 for fiscal year 2005, and $0.75 for fiscal year 2006. Revenues from the building excise tax may only be used for school renovation and construction, public safety capital expenditures, public infrastructure projects, and debt reduction. Commissioner Wivell said he would not support a graduated increase in the excise tax. A motion to approve the Excise Tax as taken to public hearing was approved on a 3-2 vote with Commissioners Munson and Wivell voting "no. The Transfer Tax ordinance would impose a tax of .5% on transfers of residential properties with an exemption for the first $50,000 of consideration. Each fiscal year, at least $400,000 of the revenues from the transfer tax would be used for agricultural land preservation and other measures to enhance the viability of agriculture in Washington County. Remaining revenues from the transfer tax would be used only for school renovation and construction, public safety, including grants and loans to volunteer fire and rescue companies for capital expenditures, transportation projects, and debt reduction. Discussion centered on possible exemptions for first time homeowners in the County. Commissioner Kercheval suggested adoption of the exemption on the first $50,000.00 of all home sales, as originally written, adding that Washington County residents who were first time home buyers would receive a 50% reduction of the transfer tax credited to the buyer for homes priced under $115,000.00.
The measure was approved on a 3-2 vote with Commissioners Munson and Wivell voting "no".

FIRST HOSE COMPANY OF BOONSBORO
Don Shumaker of the First Hose Company of Boonsboro brought this request before the Board. The Fire Company is requesting a loan in the amount of $208,000.00 for the purchase of a 2003 Pierce Fire Truck, and security agreements in order to refinance a 1999 Pierce Fire Truck in the amount of $290,000.00. In addition, the company wants to refinance 7.265 acres located on Rohrersville Road in the amount of $345,000.00. The County would have a slight increase in insurance obligations under the agreement. Commissioner Snook asked if the Company would be requesting additional support in the future and was told "no". Shumaker told the Board that debt payments would be lower when the refinancing takes place. The measure was approved by unanimous vote.

TEXT AMENDMENTS TO FOREST CONSERVATION ORDINANCE
County Attorney Richard Douglas and Planning and Community Development Deputy Director Steve Goodrich brought this measure before the Board. A joint public hearing was held on January 13th with the Planning Commission, to hear recommendations for proposed amendments. Changes were recommended that would bring the Ordinance into full compliance with existing or modified State law. Amendments included definitions of "Net tract or parcel area", "Special Planning Area", and "Stream Buffer" plus other minor amendments. The Preferred Sequences of Techniques and Areas for Aforestation and Reforestation was amended, as was the section regarding Fees. The Ordinance applies to all municipalities in the County except the City of Hagerstown, which has its own regulation. The measures were approved as submitted by unanimous vote.

The Board toured the renovated Teen Center at the Boys and Girls Club at 805 Pennsylvania Avenue at the lunch hour. That facility was improved through a $22,000 grant from Staples. The Boys and Girls Club serves 3,000 children and youth each year.

OTHER BUSINESS
County Administrator's Comments: County Administrator Rod Shoop requested approval of $27,000 from the Commissioners' Contingency Fund to pay for overtime for Sheriff's Deputies at the Antietam Battlefield Fourth of July Celebration. Commissioner Munson suggested development of a Special Events line item in future budgets. The measure was approved by unanimous vote.
The Board of Education requested a budget transfer of $244,000.00 from several facilities projects to cover cost overruns of renovations at South Hagerstown High School. The measure was approved by unanimous vote.
An additional budget transfer was requested that would move funds from the Halfway Boulevard Project Phase I line item to the Phase II line item. Shoop explained the funds had been placed in that line item by mistake. The measure was approved by unanimous vote.
Appointments to Boards and Commissions: Commissioners' Vice-President Bill Wivell presented a request from the Commission for Women for reappointments of Kelly Wilhelm and Pat Crowley for three-year terms, and Mary Bray for a one-year term. The measures were approved by unanimous vote.
County Attorney's Issues: Assistant County Attorney John Martirano and Real Property Administrator Dean Lowry brought an agreement for sale of County-owned property to Robert Bricker of Hagerstown. A parcel containing .89 acre at Doub's Woods Park is proposed for sale to Bricker and would facilitate commercial development of property located off Maryland Avenue. Sale of the parcel would have no impact on the operation of the park, and proceeds would fund improvements to Doub's Woods Park. $40,000.00 would be realized from the sale, and the County would be granted ingress and egress into the Park from Bricker's property, giving access to Downsville Pike. A small service road in the Park will be relocated at developer expense, and a Cross Country Running Course will be rerouted. The measure was approved by a 3-0-1 vote with Commissioner Munson abstaining.

SUBDIVISION STREET ACCEPTANCE
Public Works Director Gary Rohrer and Real Property Administrator Dean Lowry brought this request, to accept 7 new streets into the County's Highway System. The greater than 5,000 linear feet addition is part of some 40 streets not currently part of the system. Delay in processing these streets has been due in part to workload of the Real Property Administrator, turnover in Engineering and developer problems. Rohrer told the Board that the presentation is the inauguration of a new process that involves a more comprehensive and thorough team effort in street acceptance designed to better protect County interests. Streets recommended for acceptance are Luella Place and Gregory Court in Burgessor Subdivision, Paxton Drive Part 4, Bratton Court and Anderson Drive in Van Lear Manor, Will Rich Drive Extended in the Doris Doub subdivision, Bivens Lane in section 1 of the Homer Bivens subdivision. Trickling Spring Lane at the Interstate Warehouse site was on the original list, but pulled because of inadequate paving on the roadway. The measures were approved by unanimous vote.

PROPOSED NAME CHANGE FOR WATER AND SEWER DEPARTMENT
Rohrer and Water and Sewer Department Director Greg Murray requested change in the department's name to the Washington County Department of Water Quality. Citing the current name as being archaic given the department's diverse mission, Rohrer told the Board that the name change would use current terminology to better coincide with environmental regulations. Murray said that the 75 employees use $204 million in specialized equipment for water quality improvement daily. At the same time, the name would serve to separate the County department from other local entities bearing the same name. The Water and Sewer Advisory Commission supports the change as do department employees. That Commission would also change its name to reflect the departmental change. The change would have little, if any impact on County budgets, Rohrer said. The measure was approved by unanimous vote.

PROPOSED CLOSING OF STARLIPER AND HART ROADS
Rohrer also recommended conveyance of roads and rights of way to the National Park Service. the C&O Canal Park has requested closing of the two roads, located in the Four Locks vicinity. The County has not maintained the roads for some time and has no objection to disposing of the properties. Both roads are in the 100-year flood plain and are located on the Prather's Neck oxbow of the Potomac River. The closures would be advertised for 30 days and a Public Hearing held. The measure was approved by unanimous vote.

LOCAL GOVERNMENT INSURANCE TRUST GRANT
County Sheriff Charles Mades introduced John Burrel, Executive Director of the Local Government Insurance Trust (LEGIT). The trust presented Mades with a grant check in the amount of $2,500 for the purchase of one Automated External Defibrillator (AED). LEGIT was created in the mid-1980's by the state Association of Counties and Municipalities and its 13-member Board is made up of elected and appointed County Officials. Washington County was one of 6 Counties awarded grants this year.

CENTRALIZED BOOKING UPDATE
Mades also gave the Board an update on discussions with the state on the possibility of constructing a Centralized Booking Facility at the Detention Center. Mades said the anticipated cost of $1.5 to $2 million could be offset through a State Bond Bill by the local Delegation to the Maryland General Assembly. A five-year Capital Improvement Project plan would be put into place if the legislation was passed. The County would have provide half of a 50% match with state funds, Mades said, with the other half coming from the City of Hagerstown. A request for Capital Improvement Projects requiring state funding would need to be submitted to the Maryland Department of Public Safety and Correctional Services Division of Capital Construction and Facilities Maintenance by June 30th. Mades said information could be provided quickly, if the Board approved the application. City of Hagerstown Councilperson Penny Nigh and City Police Chief Art Smith pledged support for the facility, with Nigh saying she would fight for the funding from City Council. If the state does not have the funds to support the issue, it would be dead at both the City and County level. Public Works Director Gary Rohrer told the Board that $3,000 to $5,000 would be needed for preliminary architectural work. The City would provide half of that amount, Councilperson Nigh said. Mades told the Board that 64% of current bookings at the Detention Center come from City arrests. The measure of support for the application was approved by unanimous vote. The measure regarding funds for architectural planning was approved, with a letter to be sent to the City requesting reimbursement of 50% of the cost, by unanimous vote.

VIOLENT CRIME ATTORNEY GRANT REQUEST
Washington County State's Attorney Ken Long brought a request to support a grant for a joint City-County Violent Crime prosecutor before the Board. An increase in domestic violence and the rise in violence related to drug activity are of concern. The increase in sales of illicit drugs has added a new dimension to violence seen as the result of domestic disputes, Long said. The overall goal of the Violent Crime Prosecutor project would be to provide an attorney whose sole mission would be to consolidate and coordinate the investigative efforts of the Law Enforcement community within the County. The grant would provide $120,000.00 for the attorney, an Office Associate and support equipment. The coordinated effort would produce a more effective response to the overall goal of eliminating domestic violence and violent activity related to the drug trade. Fiscal impact to the County would be $13,885.00 and would be one-half of a 25% match, with the remainder provided by the City of Hagerstown. The measure, to apply for the funding and provide half the match, with the City providing the other half, was approved by unanimous vote with a provision that if the grant should be terminated so would the positions.

ADOPTION OF PROGRESSIVE DISCIPLINARY SYSTEM POLICY
Interim Human Resources Director Dee Hawbaker and County Attorney Richard Douglas requested adoption of the revised County Policy PR-2, Progressive Discipline. County employment counsel Jonathan Topazian has revised a number of personnel policies, including this one. Some of the existing language conflicted with the At-Will employment basis of County Government and needed to be changed. The policy had not been revised since July of 1988, and had never been formally adopted. The policy provides for several steps in the disciplinary process, including verbal reprimand, written reprimand, suspension, withholding of a pay increase, demotion and dismissal. An employee could be terminated without the steps being followed if an offense was judged to be serious enough. The Board felt that if a suspension was warranted, the County Administrator should notify the Commissioners prior to taking action. The employee right to appeal had been removed under a section titled "Employee Rights" but was reinstated after discussion from the Board. The measure was approved by unanimous vote.

 

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