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HomeMy WebLinkAbout081104 November 4, 2008 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:45 a.m. by President John F. Barr with the following members present: Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. (Commissioner Baker was absent from the meeting.) INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Commissioner Barr followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – OCTOBER 28, 2008 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of October 28, 2008. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval informed the Commissioners that he attended the Greater Hagerstown Committee government forum and the Lobbying Coalition meeting. He stated that the main focus for the 2009 legislative session is maintaining funding for the expansion/renovation of the Washington County Free Library. Commissioner Kercheval reported on the Planning Commission meeting and the Local Management Board’s strategic planning session. He stated that he participated in the Alsatia Club Mummer’s Day Parade and thanked the Highway Department employees who volunteered their time to clean and operate the equipment used to transport the Commissioners in the parade. Commissioner Wivell reported on the Board of Social Services meeting. Commissioner Aleshire thanked Spring Ward for hosting the presidential debate at Hagerstown Community College. He congratulated the Alsatia Club for hosting a well-organized event. Commissioner Aleshire stated that he attended the Sharpsburg Mayor and Council meeting. He expressed his support for the issues selected by the Lobbying Committee to pursue in the 2009 legislative session. He stated that he does not support the 2008 Salary Study Commission’s recommendations, as he does not believe that there was an adequate analysis of comparative factors that should go into this review, although he indicated that the compensation for the elected Board of Education and tying the sheriff salary to some cost of living measurement should be examined. Commissioner Barr informed the Commissioners that he attended the Fellowship of Christian Athletes’ annual banquet and the Maryland Symphony Orchestra Ball. He thanked Ed Plank, Director of the Highway Department, and the Highway Department employees who volunteered their time to provide transportation for the Commissioners in the Alsatia Mummer’s Day Parade. He discussed the request to support the Washington County Hospital’s application to the Maryland Health Care Commission for a waiver to perform nonprimary percutaneous coronary intervention (npPCI) at the Washington County Hospital (WCH). After discussion, it was the consensus of the Commissioners to endorse the request and send a letter of support to the Maryland Health Care Commission. TH UPDATE ON 20 ANNUAL MEMORIAL ILLUMINATION AT ANTIETAM NATIONAL BATTLEFIELD Tom Riford, President of the Hagerstown-Washington County Convention and Visitors Bureau (CVB), Georgene Charles, th Chair of the 20 Annual Memorial Illumination at Antietam National Battlefield, and Ed Wenschhof, Chief Ranger and Incident Manager for the Memorial Illumination, met with th the Commissioners to provide an update on plans for the 20 Annual Antietam National Battlefield Memorial Illumination to be held on December 6, 2008. Mr. Riford informed the Commissioners that the American Bus Association named the Illumination as one of the Top 100 events in North America. He reviewed the history of the event and stated that this is the largest memorial illumination in North America, with over 23,000 candles being used, and about 1,400 volunteers assisting with the event. Mr. Riford stated that the CVB is the largest financial supporter of the Illumination with a sponsorship of $2,400. He requested that the County provide $1,000 from its share of the Hotel Rental Tax to assist with the event. NOVEMBER 4, 2008 PAGE TWO Mr. Wenchoff reviewed the plans for this year’s event and thanked the County for its support. Ms. Charles provided information on the volunteers and presented a framed poster of the Antietam Illumination, prepared by Judy Quillen, as a gift from the CVB, Business and Professional Women’s Club, and Antietam National Battlefield Park. Motion made by Commissioner Wivell, seconded by Kercheval, th to approve the request for $1,000 to assist with the 20 Annual Memorial Illumination at Antietam National Battlefield with funds to be taken from the Hotel Rental Tax fund. Unanimously approved. CONTRACT AWARD – ENGINEERING SERVICES REQUIREMENTS CONTRACT Motion made by Commissioner Wivell, seconded by Kercheval, to award a primary requirements contract for Engineering Services to Wallace, Montgomery & Associates, LLP, which submitted the low responsive, responsible proposal of $340,300 at the specified unit costs and estimated hours (no minimum or maximum guaranteed) for a two-year contract with an option by the County to renew for up to three (3) additional one (1) year periods, and, as permitted in the Request for Proposals, to approve a “stand-by list” of consultants as follows: 1) Development Facilitators, Inc.; 2) AB Consultants, Inc & Sabra Wang Associates – Joint Venture; 3) URS Corporation; and 4) Nolan Associates, Inc. Unanimously approved. CITIZENS’ PARTICIPATION There was no one present who wished to participate. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, distributed a memorandum from Gary Rohrer, Director of Special Projects, regarding the Advisory School Design Committee. He indicated that this topic would be scheduled for discussion after the Commissioners have had time to review the information. Mr. Murray informed the Commissioners that the Permits & Inspections Department is providing a customer satisfaction questionnaire to obtain client feedback on how the department can improve its services. He provided additional information on the Partner Community Initiative for the Commissioners' review. Mr. Murray also thanked the Highway Department employees who donated time to prepare the equipment for the Commissioners’ use in the Alsatia Mummer’s Day Parade. ADOPTION OF CURATIVE RESOLUTION – COMPREHENSIVE PLAN AMENDMENT (CP-08-001) Kirk Downey, Assistant County Attorney, asked the Commissioners to adopt a curative resolution relating to text amendment CP-08-001 for amendments to the text of the 2002 Washington County Comprehensive Plan. Mr. Downey stated that the attachment to original resolution was an earlier version of the proposed amendments and therefore did not accurately reflect the actual amendments approved by the Commissioners. Motion made by Commissioner Kercheval, seconded by Aleshire, to adopt the Curative Resolution relating to text amendment CP-08-001 for amendments to the text of the 2002 Washington County Comprehensive Plan. Motion carried with Commissioners Kercheval, Aleshire, and Barr voting “AYE” and Commissioner Wivell voting “NO.” REPORTS FROM COUNTY STAFF William Sonnik, Director of Human Resources, asked the Commissioners for authorization to advertise to fill the following positions: Emergency Services Planner (Grade 9) in the Department of Fire & Emergency Services, and Deputy Director of Solid Waste (Grade 17). Mr. Sonnik stated that the Emergency Services Planner is a grant-funded position and is subject to the grant being renewed. Motion made by Commissioner Wivell, seconded by Aleshire, to authorize the Human Resources Department to advertise to fill the following positions: Emergency Services Planner (Grade 9) in the Department of Fire & Emergency Services, and Deputy Director of Solid Waste (Grade 17). Unanimously approved. NOVEMBER 4, 2008 PAGE THREE UPDATE – SIERRA NEVADA CORPORATION Hal Lucas, Director of the Integrated Aviation Systems Division of Sierra Nevada Corporation, provided a corporate overview of the company and stated that it has 25 locations in the United States and a total of 1300 employees. He stated that the company builds manned reconnaissance platforms for the defense industry. Mr. Lucas indicated that it was the extension of the Hagerstown Regional Airport’s runway and the capability of the Airport that has allowed business to be brought to the company. He provided examples of projects that have been completed by the firm and stated that the growth in the Hagerstown facility has been greater than expected. Mr. Lucas noted that the company has grown from 32 employees in 2005 to 424 today providing $40 million in local wages and bringing $30 million additional into the local economy. The meeting was opened for questions from the Commissioners. They thanked Mr. Lucas for his presentation. COUNTY PAYMENT FOR PUBLIC DEFENDER PANEL ATTORNEYS Andrew Wilkinson, Assistant County Attorney, and Administrative Judge John H. McDowell, met with the Commissioners to inform them of a funding issue that has recently arisen relating to the Public Defender’s Office. Mr. Wilkinson explained that in criminal cases where there are two or more indigent co-defendants, the Public Defender’s office is required to hire outside attorneys, known as panel attorneys, to represent the co-defendants and avoid any conflict of interest. Due to State budget cuts and reductions, the State Public Defender’s Office has decided that it is unable to continue to pay for panel attorneys. Chief Judge Bell of the Court of Appeals of Maryland has asked the State provide additional funding to resolve this issue; however, in the interim he has directed the Circuit and District Courts to appoint panel attorneys as “special counsel” to indigent co-defendants to be paid for by the counties as is required by the Annotated Code of Maryland. Mr. Wilkinson stated that each county in Maryland is dealing with this issue.. John Martirano, County Attorney, indicated that the matter may be resolved by the State; however, the County will be required to pay the fees for these panel attorneys if it is ordered to do so by the Courts. Mr. Wilkinson informed the Commissioners that procedures have been put in place by the Circuit and the District Courts to implement this directive. He noted that the fees for panel attorneys in Washington County in FY 2008 were $200,000. The Maryland Association of Counties (MACo) and the Maryland Bar Association are aware of this issue and are taking steps to try and resolve the matter. Judge McDowell answered questions from the Commissioners. He stated that he believes this could be a statutory issue and that the payment is an obligation of the State RECESS – LUNCH The Commissioners recessed at 11:52 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:10 p.m. by President John F. Barr with the following members present: Commissioners Kristin B. Aleshire and James F. Kercheval. CERTIFICATION OF THE MARYLAND AGRICULTURAL LAND PRESERVATION PROGRAM (MALPP) AGRICULTURE TRANSFER TAX FUND Eric Seifarth, Rural Preservation Administrator, and Sara Edelman, Land Preservation Planner, met with the Commissioners to request approval of a certification application for the Washington County Agricultural Land Preservation Program to be submitted for approval to the Maryland Department of Planning and Department of Agriculture. Mr. Seifarth informed the Commissioners that the Land Preservation staff is required to submit a certification report every two years to allow the County to retain an additional 42% of State agricultural transfer taxes for a total of 75% retention. Ms. Edelman reviewed the certification application and Annual Report. Mr. Seifarth stated that the Planning Commission voted to approve the application. He informed the Commissioners that the funding is usually applied to the 60/40 match program to leverage additional funds. The meeting was opened for questions. Commissioner Aleshire stated that he is philosophically opposed to the method of ranking the NOVEMBER 4, 2008 PAGE FOUR applications but he approves of the application for funding the easement purchases. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the certification application for the Washington County Agricultural Land Preservation Program for submission to the Maryland Department of Planning and Department of Agricultural for approval. Unanimously approved. (Commissioner Wivell arrived at 1:18 p.m.) JOURNEY THROUGH HALLOWED GROUND NATIONAL HERITAGE AREA – SUPPORT FOR ALL AMERICAN ROAD Cate Wyatt, representing the Journey through Hallowed Ground National Heritage Area, met with the Commissioners to provide an update on the Journey Through Hallowed Ground (JTHG). Ms. Wyatt stated that this is a four-state initiative and provided an overview of the following goals for 2008: 1) Develop a national awareness campaign. 2) Develop an educational outreach program. 3) Obtain National Heritage Area designation. 4) Achieve National Scenic Byway status, and 5) Create a socially responsible REIT (real estate investment trust). Ms. Wyatt provided an update on the heritage area legislation that Congress recently signed into law. She indicated that the organization is now working to create a management plan. Tom Riford, Director of the Hagerstown–Washington County Convention and Visitors Bureau, emphasized the importance of this designation to the region. He requested that the Commissioners approve a resolution in support of the request for US Route 15 to be designated an All American Road within the National Scenic Byway Program. Mr. Riford stated that the resolution would have a positive impact on Washington County even though the road is in neighboring Frederick County. He indicated that it also brings in federal grant money to assist with tourism efforts. The meeting was opened for questions. Motion made by Commissioner Aleshire, seconded by Wivell, to approve a resolution in support of the effort to designate US Route 15 an “All American Road” within the National Scenic Byway Program. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Aleshire, to convene in closed session at 1:57 p.m. to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; to discuss the appointment, employment, and/or assignment of appointees, employees, or officials over whom it has jurisdiction; to discuss personnel matters that affect one or more specific individuals; to consult with staff about pending or potential litigation; and to 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 REGULAR SESSION Motion made by Commissioner Kercheval, seconded by Aleshire, to reconvene in open session at 2:48 p.m. Unanimously approved. In closed session, the Commissioners considered a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; discussed the appointment, employment, and/or assignment of appointees, employees, or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; consulted with staff about pending or potential litigation, and consulted with counsel to obtain legal advice. Present during closed session were Commissioners John F. Barr, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present at various times were Gregory Murray, County Administrator; John Martirano, County Attorney; Joni Bittner, County Clerk; Andrew Wilkinson, Assistant County Attorney; Norman Bassett, Public Information Officer; Greg Larsen, Business Development Manager for the Hagerstown Regional Airport; Joe Kroboth, Director of Public Works; Gary Rohrer, Director of Special NOVEMBER 4, 2008 PAGE FIVE Projects; Jennifer Smith, Deputy Director of Public Works for Land Development Review; and Mike Thompson, Director of Planning and Community Development. APPOINTMENT – DISABILITIES ADVISORY COMMITTEE Motion made by Commissioner Kercheval, seconded by Aleshire, to appoint Brenda Laughlin to the Disabilities Advisory Committee to fill the unexpired term of Erin Teach, which extends to November 30, 2010. Unanimously approved. SALARY STUDY REVIEW COMMITTEE Motion made by Commissioner Wivell, seconded by Aleshire, to appoint the following individuals to the Salary Review Committee: Dennis Embly (representative appointed by the bargaining unit), Tina Rupert (clerical representative), Mike Rohrer (Division of Environmental Management), Verna Brown (Fire & Emergency Services), Ron Whitt (Information Technologies), Randy Wilkinson (Sheriff’s Department), Brian Hale (Public Works), Rick Curry (Budget and Finance - Purchasing), Jill Baker (Planning), William Sonnik (Director of Public Works), Dee Hawbaker (Human Resources Administrator), Joe Tischer, and Greg Murray (County Administrator) serving as an ex-officio member, with the understanding that the Commissioners are still considering the appointment of additional personnel from outside County government. The Commissioners designated Randy Wilkinson as Chair of the Committee. Unanimously approved. ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Kercheval, to adjourn at 2:51 p.m. ____________________________ County Administrator ____________________________ County Attorney ________________________ County Clerk