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BOONSBORO MAYOR AND COUNCIL

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									                                    MAYOR AND COUNCIL OF BOONSBORO
                                           REGULAR MEETING
                                             MARCH 2, 2009


The Mayor and Council of Boonsboro Regular Meeting Session convened at 7:00 PM in the Eugene C. Smith Community
Center with the pledge and invocation. In attendance were Mayor Charles Kauffman, Jr., Assistant Mayor Howard Long,
Council Members Kevin Chambers, Natalie Mose, Barbara Wetzel, and newly appointed Council Member Cynthia Kauffman
who was sworn in by the Clerk of the Circuit Court. Also present were Town Manager Debra Smith, Police Chief Jeff Hewett,
and Administrative Assistant Kimberly Miller. Attorney William Wantz joined the meeting at 8:40 PM. Council Member
Richard Hawkins, Sr. and Planning Director Megan Clark were excused due to illness.

Motion by Assistant Mayor Long, second by Council Member Chambers to approve the February 2, 2009 Regular Session
Minutes with amendments made, and motion carried.
Motion by Assistant Mayor Long, second by Council Member Kauffman to approve the February 23, 2009 Workshop Session
Minutes with amendments made, and motion carried.
Motion by Council Member Chambers, second by Council Member Mose to approve the December 1, 2008 Amended
Executive Session Minutes with amendments made, and motion.
Motion by Assistant Mayor Long, second by Council Member Chambers to approve the February 2009 Treasurers Report and
motion carried.
Motion by Assistant Mayor Long, second by Council Member Mose to approve the February 2009 Bills to be Paid, and motion
carried.

GUESTS
The Mayor and Chief Hewett conducted a formal recognition of Boonsboro Police Sergeant Richard Poffenberger and Officer
Shawn Faith for their direct involvement in the apprehension and arrest of escaped fugitive, Kandelario Garcia-Ramos, on
January 22, 2009.

CORRESPONDENCE
      Newsletter from Fahrney Keedy Nursing Home, announcing the relocation of the original Nursing Home building to the
       Ag Center
      Boonsboro Ambulance & Rescue Company Appreciation Banquet at Next Dimensions Restaurant on March 7, 2009
      Habitat for Humanity Fundraiser on March 21, 2009 at 5:00 PM at the ARC in Hagerstown
      Minutes from the February 20, 2009 Gang Steering Meeting
      Letter from BOE member Ruth Ann Callaham requesting to be on the MML mailing list
      Letter from the State Highway Administration announcing Anthony Crawford as the District Engineer for the State
       Highway Administration and District 6
      Request from BOE President, Wayne Ridenour, to have a Liaison from the Board of Education attend Boonsboro Mayor
       and Council meetings
      Thanks you letter from Leadership Hagerstown’s tour of Boonsboro
      The Mayor noted that Pastor Kurtz of Boonsboro was seriously injured on his motorcycle at Bike Week in Daytona,
       Florida and asked that he be kept in your prayers.
      Delegate Chris Shank arranged for members of the fire department, the Mayor and Council, staff and others to be
       recognized by the House and Senate and a meet and greet with Governor O’Malley in Annapolis on Wednesday,
       February 25, 2009 for their help during the fire on Main Street in February 2008.
      The Mayor read to the children at Mount Nebo Pre-School on February 3, 2009 for Dr. Seuss’s Birthday.
      A positive email was received from Kathy Marshal regarding the Mayor and Mrs. Kauffman meeting her granddaughter
      “If I Were The Mayor” contest, open for 4th graders, essay deadline is April 1, 2009
      Email from Governor O’Malley regarding the Senate vote on the State Death Penalty
      Notice from Antietam Cable that cable television rates will increase
      4HBanquet March 14, 2009 at 7:00 PM at the Ag Expo Center
      Maryland Municipal League Meeting to be held on March 23, 2009, hosted by the Town of Funkstown

Council Member Chambers acknowledged and congratulated Kathy Vesely on her appointment by the County Commissioners to
the Solid Waste Advisory Committee. Mrs. Vesely will represent South County and Boonsboro.

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Council Member Wetzel announced that she attended the Sponsorship Reception on February 19th to assist in the selection of
the towns butterfly design for the “Take Flight” Butterfly Sculpture being donated to the town by Randy Thompson and his
family as part of the civil arts project benefiting the Barbara Ingram School for the Arts Foundation. She presented the drawing
of the butterfly “Flight of Ulysses” designed by Jessica Kyner and Augusta McAlhany of Shippensburg University. The
butterflies will be unveiled on April 24, 2009 and will be on display in Hagerstown until the end of June, at which time the
butterfly will be moved to Boonsboro.

NEW BUSINESS
Alternate 40 Waterline Extension Bid Results – The Town Manager presented the results from the Thursday, February
19, 2009 bid opening for the construction of the Alternate 40 Waterline Extension Project. Eleven (11) bids were submitted to
the Town with bids totals ranging from $903,395.94 to $2,266,815.15. The three lowest bids, along with the contractors DBE
and WBE documentation have been submitted to the Maryland Department of the Environment for review and approval, which
is expected to take between thirty (30) to ninety (90) days.
The low bidders were;
      W.F. Delaughter & Son, Inc. at $903,395.94;
      David H. Martin Excavating, Inc. at $967,780.33
      Fayetteville Contractors, Inc. at $987,124.16
There is no further action required from the Mayor and Council at this time.

Delegate Shank Office Lease Approval - The Town Manager stated that Delegate Shank and his assistant Liz Jones
submitted a twenty-two (22) month lease renewal for their current office space in Town Hall to begin March 1, 2009 and end
December 31, 2010 for the amount of $350 per month. The Town Manager stated that she asked Delegate Shank if he would be
interested in the availability of the Police Department office as a possible relocation site prior to renewing his current lease,
taking into consideration the additional office space available at that location. Delegate Shank responded by saying that he
would prefer to stay in the current office location in the old Library at Town Hall. Motion by Council Member Chambers,
second by Assistant Mayor Long to approved Delegate Shank’s office lease renewal, and motion carried.

Replacement Quotes for Town Hall Flooring - The Town Manager explained that $12,000 was placed in the current
Fiscal Year 2009 budget to replace the broken tile flooring throughout Town Hall, as well as the buckled carpet on the second
floor of Town Hall.
Three quotes were obtained;
     Dorsey Brothers at $17,470.00
     Hagerstown Floors at $17,300.00
     Burkholder’s Flooring at $16,088.04
She further explained that the additional $4,088 could be allocated from the long term Capital Improvement Funds which were
not used for the Town Hall computer upgrades to compensate for the lowest bid provided by Burkholder’s Flooring in the
amount of $16,088.04. Motion by Council Member Kauffman, second by Assistant Mayor Long to replace the flooring in Town
Hall and accept the low bid from Burkholder’s Flooring, and motion carried.

Replacement Quotes for Park Pavilion #1 Garage Doors - The Town Manager explained that the three overhead garage
doors on Shafer Park pavilion #1 where town equipment is stored are in disrepair, with one no longer functioning at all. Three
quotes were obtained for commercial grade insulated garage doors to be installed with new tracking, and these quotes were
discussed at the Mayor and Council Workshop held on February 23, 2009. It was requested at that time to obtain additional
quotes for the installation of electric garage door openers as well.

Company                                     Garage Doors W/O Electric Opener            Garage Doors With Electric Opener
Overhead Door Co. of Hagerstown             $5,202.00                                   $7,641.00
Interstate Garage Doors, Inc.               $2,604.00                                   N/A
Horst Family Garage Door                    $2,600.00                                   $3,380.00

The Town Manager consulted with the Public Works staff for their opinion concerning the garage doors who stated that their
preference is to not to have the electric garage door openers installed for 2 reasons;
    1. When there is a power outage, as there was the morning of March 1, 2009, the staff cannot access the building because
        there are no other access doors on the building

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    2. They have found that electric garage door openers require a lot of maintenance
The Town Manager recommends the contract be awarded to Horst Family Garage Door for $2,600.00 without the installation of
electric door openers, with funding to be reallocated from the long term Capital Improvement Fund and transferred to the
Building Maintenance Fund to cover the purchase of the replacement doors. Motion by Council Member Mose, second by
Council Member Chambers to replace the three (3) garage doors on pavilion #1 and accept the low bid from Horst Family
Garage Door, and motion carried.

Police Department Communications Upgrade - Chief Hewett provided an update on the Police Department’s required
communications equipment upgrade and associated expense in regard to the County wide emergency system upgrade. He
explained that the Police Department has ordered laptop computers for all four (4) Police vehicles under the County Grant,
which will allow complete access to all data and information provided by Washington County. He explained that the
Department does not want to switch over to the County’s Record Management System because it is not compatible with the
Department’s current Record Management System, and the purchase of Alvarion Radios would allow the Department to
continue using their present Record Management System. Chief Hewett made a request to purchase four (4) Alvarion Radios,
which will allow access through Washington County’s Broadband System, at the price of $2,000 per radio under the County’s
Bid Contract. Motion by Council Member Kauffman, second by Assistant Mayor Long to purchase four (4) Alvarion Radios
through the County’s Bid Contract, and motion carried.

Procurement of Recycling Containers for Town Events - Council Member Wetzel stated that she obtained several
quotes for portable recycling containers to be used during Town events, with the lowest quote coming from Clear Tainers at the
price of $250 for five (5) recycling containers. Council Member Wetzel explained that the recycling containers are easy to store,
transport, and setup. The containers are equipped with clear changeable bags, which can be purchased for an additional cost of
$58 per 100 bags. She stated that the Recycling Task Force suggests purchasing 15 containers at the cost of $750 and one box of
additional bags, for the total purchase price of $808. Motion by Council Member Wetzel, second by Council Member
Chambers to purchase the recycling containers and liners from Clear Tainers, and motion carried.

Planning Commission Reappointment – The Planning Commission recommends the reappointment of Julie Green to
another 5-year term on the Planning Commission, with her term ending March 2014. Motion by Assistant Mayor Long, second
by Council Member Chambers to reappoint Julie Green to the Planning Commission, and motion carried.

Maryland Historical Trust Capital Grant Application for Boonsboro Heritage Museum – The Town Manager
stated that an application was submitted to the Maryland Historic Trust Grant in Fiscal Year 2007 to renovate the hardware store
on Main Street into the Boonsboro Heritage Museum, but it was not funded due to limited allocations. Maryland Historical Trust
Capital Grants provide a maximum of $50,000 and applications are due on March 27, 2009. The Town Manager explained that
she would like to submit an application on behalf of the National Road Heritage Foundation, stating that the Foundation is now
better prepared because it officially hold the lease to the building and also have a 501c3 status. A few items need to be clarified
and confirmed by the Foundation prior to submitting the application;
      Determine a new estimated construction cost for the Heritage Museum from Cronise Construction.
      Depending on if the estimated construction cost exceeds the $50,000 Grant, will the Foundation be able to fund the
         difference in construction cost?
      Obtain four (4) support letters from the State Senator, State Delegate, Board of County Commissioners, and the Mayor.
Motion by Council Member Wetzel, second by Council Member Kauffman to move forward with obtaining the four (4) letters
of support and submitting the Maryland Historical Trust Capital Grant Application, and motion carried.

Donation Requests:
   Clopper-Michael Post 10 for Annual Easter Egg Hunt - A letter was received from the Clopper-Michael Post 10
        for a donation for the Easter Egg Hunt held in Shafer Park on April 12, 2009. Motion by Council Member Chambers,
        second by Council Member Mose to donate $100 to the Post 10 Annual Easter Egg Hunt, and motion carried.
       Muscular Dystrophy Association Sponsorship - Support in the form of donation to be made to the Muscular
        Dystrophy Association during the MDA Lock-Up in which Assistant Mayor Howard Long is participating. Motion by
        Council Member Mose, second by Council Member Kauffman to donate $100 to the Muscular Dystrophy Association,
        with Assistant Mayor Long opposing and motion carried 4-1.




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Event Requests:
    Clopper-Michael Post 10 for Annual Easter Egg Hunt in Shafer Park, Sunday, April 12, 2009 - The Park
        Board approved this request. Motion by Council Member Chambers, second by Council Member Mose to approve the
        Post 10 Annual Easter Egg Hunt in Shafer Park, and motion carried.
       Annual Boonsboro Rescue Company Carnival Event in Shafer Park, May 22 through May 30, 2009 -
        The annual request from the Boonsboro Rescue Company for the use of Shafer Park from the evening on May 17, 2009
        until June 4, 2009 for their Annual Carnival Event. The Town Manager stated that the Carnival can not move into
        Shafer Park until the Wagon Train completely disbands on Sunday, May 17, and until the possible 7:00 PM concert by
        the BHS Band is finished. The Park Board approved this request. Motion by Assistant Mayor Long, second by Council
        Member Mose to approve the Annual Boonsboro Rescue Company Carnival Event in Shafer Park, and motion carried.
       Memorial Day Parade on Sunday, May 24, 2009 - Wreath laying ceremony at 1:00 PM on Main Street in front of
        Town Hall, and parade to begin at 2:00 PM. Event is sponsored by the Clopper-Michael Unit #10 Ladies Auxiliary.
        Motion by Council Member Chambers, second by Council Member Kauffman to approve the Memorial Day Parade on
        Main Street, and motion carried
       Leesburg Poker Run for Special Olympics, Saturday, June 6, 2009 – Request to reserve Shafer Park pavilions
        #1 and #2 for use by the Leesburg Police Department during their Poker Run for Special Olympics as one of their
        stopping points. Chief Hewett has been in contact with Officer Bill Wolff of the Leesburg Police Department in
        organizing their stop in Shafer Park. The Park Board approved this request. Motion by Assistant Mayor Long, second
        by Council Member Chambers to approve Shafer Park as a stop point on the Leesburg Poker Run for Special Olympics,
        and motion carried
       Boonsboro Warriors Volleyball Tournament, Saturday, June 13, 2009 – Request to reserve Shafer Park for a
        fundraiser and all day event to help raise money for the Boonsboro Warriors Volleyball Program. The Park Board
        approved this request. Motion by Assistant Mayor Long, second by Council Member Kauffman to approve the
        Boonsboro Warrior Volleyball Tournament at Shafer Park, and motion carried
       Boy Scouts Troop 20 Request – Request submitted for the use of Shafer Park pavilion #4 on March 14, 2009 for a
        supervised camp out and use of fireplace. Motion by Council Member Kauffman, second by Assistant Mayor Long to
        approve Boy Scouts Troop 20 use of Shafer Park, and motion carried

Assistant Mayor Long stated that Mr. Clarence Webber has shown interest in restoring the Shafer Park cannon. Mr. Webber
restored the cannon in Brunswick, Maryland for the American Legion. Mr. Webber will be in contact with Assistant Mayor
Long in the next three to four months.

Status of Amended Annexation Agreements - Attorney Wantz stated that in 2006 the Town annexed 900 acres of property,
which included the Easterday and 8486, LLC properties and has received the finalized Amendments to the Easterday and 8486,
LLC properties Annexation Agreements, along with checks for their allocated share of sewer taps based on a percentage of the
debt service financing provided by MDE and USDA for the Waste Water Treatment Plant.
     The Amendment to the Easterday Agreement provides the commitment to pre-purchase 20 sewer taps at $11,000 per
        tap, to fund $231,166.71 of the Debt Service in the first five years with USDA, Maryland Water Quality Financing
        Administration, and the Interim Construction Financing through Susquehanna Bank. Motion by Council Member
        Chambers, second by Assistant Mayor Long to accept the Amendment to the 2006 Easterday Annexation Agreement,
        with Council Member Wetzel opposing and motion carried 4-1.
     The Amendment to the 8486 LLC Agreement provides the commitment to pre-purchase 9 sewer taps at $11,000 per tap,
        to fund $107,238.65 of the Debt Service in the first five years with USDA, Maryland Water Quality Financing
        Administration, and the Interim Construction Financing through Susquehanna Bank. Motion by Council Member
        Kauffman, second by Assistant Mayor Long to accept the Amendment to the 2006 8486, LLC Annexation Agreement,
        with Council Member Wetzel opposing, Council Member Chambers abstaining, and motion carried 3-2.

COMMISSION REPORTS
Planning Commission- D. Smith for M. Clark. Meeting held on February 25, 2009. Approved a corrected plat for Phase I,
SWM access and easement for Fletcher’s Grove. Mount Nebo United Methodist Church addition site plan reviewed with
comments from various agencies pending. Recommended approval to the Board of Zoning Appeals for a Special Exception
request to change the use of the Town owned farmhouse located at 241 Potomac Street from residential to a public office for the
Police Department. The hearing is scheduled for March 17, 2009 at 7:00 PM in the Community Center. Commission
recommended that SHA be consulted regarding a commercial entrance into the property. Consensus for a joint meeting between
the Planning Commission and the Mayor and Council to review the draft Comprehensive Plan on March 25, 2009.

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Police & Public Safety – H. Long. Meeting held on February 12, 2009. Street lines and arrows on Stouffer Avenue
recommended to be re-painted in the spring. White stripe proposed to be painted at the 4-way stop at Lakin Avenue and Center
Street. Approval given to the Police Department to use the new park road to access the King Farmhouse when the Department is
relocated there. Concerns over the ice coming off of the roof of Vesta.

Police Chief Report – J. Hewett. The Police Department received 353 calls for service, which included 64 motor vehicle
violations and 18 parking citations. Arrests for the month of February included two (2) adults (1 for violation of Parole Warrant
and 1 for driving while suspended and related offenses) and one (1) juvenile (Disorderly conduct). The $500 scholarship
application has been submitted to Boonsboro High School for students interested in the Criminal Justice Field.

Utilities – K. Chambers. Meeting held on February 12, 2009. 40A Water Line Extension Project bid opening was held on
February 14, 2009, bids have been forwarded to MDE for their review. Waste Water Treatment Plant Construction project is at
82.7% completion. Plant start up dates should begin in the end of March and throughout April. Updates were given on
Developer Agreements. Discussion was held concerning the Water Rate Study Review, and how to proceed. Discussed
Warrenfeltz Spring modifications and reviewed a proposal for installing stone on the building. Boonsboro Keedysville Regional
Water Board held their annual Post-Holiday Dinner on February 4, 2009.

Park Board - D. Smith for R. Hawkins. Meeting held on February 23, 2009. Approved the use of Shafer Park for the
Boonsboro Rescue Company Annual Carnival, Boonsboro Warrior Volleyball Tournament, and the Leesburg Police Department
Poker Run to benefit Special Olympics. Summer Concert Series performers and dates schedule almost complete. Park picnic
tables are repaired and painted. Basketball poles will be straightened and new backboards and rims will be ordered. Decision
was made to not use the new practice field in the Park expansion until next year due to the grass not being rooted completely.
     Ray Grove voiced concerns over the Town hosting the Annual Fishing Derby in May, and whether the Park Expansion
         area will be ready to use as parking during the Derby. The Town Manager stated that at this point a decision has not
         been reached.

Town Manager – D. Smith.
       Stimulus Funding: A series of Stimulus Workshops is being offered to assist local government leaders in better
        understanding and accessing the stimulus funds coming to the State from the American Recovery and Reinvestment Act.
        Each of the State agencies with a role in distributing these funds will be offering up-to-date information on how to apply
        for these much-needed and highly anticipated federal dollars. Western Maryland Workshop will be held on Monday,
        March 9, 2009 from 1:00 to 2:00 PM at Hagerstown Community College.
       Keedysville Water Leak: Superintendent received a call from Central Alarm at 12:50 AM on March 2, 2009 regarding a
        water main break in Keedysville. Additional staff was called to assist with the Keedysville Plant which had shut down
        due to a power outage and the reservoir dropped 38-inches (Well 8 was off at the time and had to be turned back on).
        Huntzberry Brothers were called to the scene and found a split main at 47 South Main Street in Keedysville. The
        remainder of the public works staff was called in to work around 4:30 AM to begin salting the streets.

CITIZEN COMMENTS – N/A

Meeting closed at 9:00 PM, with a motion by Council Member Chambers and second by Assistant Mayor Long to move into an
Executive Closed Session to discuss a personnel matter and consult with legal council as stated under Article §10-508 Section
(1)(i) and Section (7) of the Maryland Annotated Code. Motion carried.



Respectfully submitted,



Kimberly A. Miller
Administrative Assistant



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