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HomeMy WebLinkAbout081118 November 18, 2008 Hagerstown, Maryland JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the elected Board of Education at 8:30 a.m. Commissioners John F. Barr, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell were in attendance. The following Board of Education members were present: Paul Bailey, Ruth Anne Callaham, William Staley, Wayne Ridenour, and Donna Brightman. Board of Education staff members participating were Dr. Elizabeth Morgan, Superintendent of Schools; Boyd Michael, Deputy Superintendent of Schools; and Robert Spong, Facilities Planning Manager. Enrollment Projections Dr. Spong reviewed the 2008-09 student enrollment projections as developed by Public Pathways, Inc. He compared the enrollment figures for September 2007 and 2008. Dr. Spong stated that there was a gain of 107 students in elementary school and 20 students in middle school and a loss of 61 in high school. He explained that the information used in compiling the projections includes trend analysis, birth data, housing trends, boundary changes, population projections, and the State’s forecast. The six-year projections forecast a gain of 966 students for elementary, 252 for middle, and 246 for high school. The meeting was opened for questions. (Commissioner Baker arrived at 8:57 a.m.) Legislative Priorities Ms. Brightman reviewed the 2009 legislative priorities of the Board: 1) Adequate State funding to enhance educational opportunities for students. 2) Equity in funding. 3) Full-funding for any new legislative mandates from the State. 4) Collective Bargaining Bill. 5) Adjustment of the funding formula for Correctional Institutions in the County. 6) Funding adjustments for counties that have higher numbers of special needs students than the State average. 7) Revision of funding formula for LEP students. 8) Adequate state funding to improve school buildings to create capacity and repair aging schools. 9) The QZAB formula should be adjusted so that there is a lower threshold or percent for those school systems that spend less per pupil or have less per pupil wealth. The Board also discussed the potential cost to the school system if legislation is passed with additional physical education requirements. RECESS The Commissioners recessed at 9:33 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:48 a.m. by President John F. Barr with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. 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 – NOVEMBER 4, 2008 Motion made by Commissioner Aleshire, seconded by Baker, to approve the minutes of November 4, 2008. Unanimously approved. LEGISLATIVE AGENDA ITEMS FOR 2009 GENERAL ASSEMBLY Kirk Downey provided an update on the legislative agenda items prior to the meeting with the Delegation to be held tomorrow. He stated that the following items are included in the request: 1) Sheriff’s Office – Revision to Courts & Judicial Proceedings, Section 2-309(w), regarding the Sheriff’s salary and authority, particularly regarding special deputy sheriffs. 2) Public Works – Revision to Title 7 – Roads of the Code of Public Local Laws. Update the Code of Public Local Laws to reflect the current organization and practices of the Division of Public Works (resubmitted from last session.) 3) Clerk of the Circuit Court – Revision to Courts & Judicial Proceedings, Section 2-213 to add NOVEMBER 18, 2008 PAGE TWO Washington County to the list of jurisdictions in which the Clerk may negotiate the amount of his commission on the transfer tax so that the County will see increased revenues. 4) Mental Health Advisory Committee – Amendment to Health General, Section 103-08 to allow the County Commissioners to designate the Mental Health Authority, Inc. as the core service agency for Washington County, as the mental health advisory committee. 5) Salary Study Commission – Adjustment to various salaries set by statute. 6) Electrical Board – Revision to Title 8 of the Code of Public Local Laws regarding the provision of electrical services in the County. 7) Public Works – Prohibition of parking of Class G trailers, alone or in combination, on county roads in residential subdivisions under certain circumstances. Mr. Downey stated that the statute requires the Board of County Commissioners to submit its recommendations on the Salary Study Commission’s report to the Local Delegation to the General Assembly by December 15. The meeting was opened for questions. Commissioner Aleshire expressed his desire to revise the language regarding the Salary Study Commission and indicated that additional factors should be considered in its review. Andrew Wilkinson, Assistant County Attorney, stated that any procedural changes to the law would not take effect until next year. The Commissioners agreed to include the Salary Study Commission’s report in the legislative packet that will be presented to the Delegation at tomorrow morning’s meeting. Commissioner Aleshire also asked the Commissioners if the issue of the State’s decrease in compensation for housing State prisoners in the County’s Detention Center could be discussed with the Delegation. Debra Murray, Director of Budget & Finance, stated that she attended a meeting with individuals from the Fahrney Keedy Home who are requesting that the Commissioners seek legislation to allow individuals living in the continuing care cottages be eligible for the Homestead Property Tax Credit in Washington County. Ms. Murray stated that the cottages are not owned by the individuals but by the corporation, which pays the property tax and then assesses the fees to the individuals living in the cottages. It is anticipated that this issue will be raised by the Delegation at tomorrow’s meeting. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval informed the Commissioners that he spoke to a government class at Hagerstown Community th College. He congratulated Hagerstown Trust on its 75 anniversary. Commissioner Kercheval stated that he attended the luncheon honoring centenarians hosted by the Commission on Aging and the Economic Summit sponsored by the Chamber of Commerce and Economic Development Commission. He reported on the Public Golf Corporation Board meeting and the joint meeting with the City and County Planning Commissions. Commissioner Wivell reported on the Water Quality Advisory Commission meeting. He requested information on the job description for the Deputy Director of Solid Waste Management and asked why the requirements were changed. Commissioner Wivell congratulated Joan Sweigert in the Budget & Finance Department on 37 years of service and wished her well in her retirement. Commissioner Aleshire asked for a status report on the 2008 County Goals. He also read his response to the e-mails he has received in regard to recent internal issues with the Fairplay Fire Company. Commissioner Aleshire stated that he also attended the Economic Summit. He stated that he received a financial report from Senator Munson regarding the state of the global economy and the effects on the State of Maryland. Commissioner Aleshire indicated that he has received several messages and e-mails regarding the Washington County Humane Society and enforcement issues and he hopes that the Commissioners will schedule time to discuss these issues soon. Commissioner Barr informed the Commissioners that he attended the Veteran’s Day ceremony at Clear Spring High School. He reported on the NOVEMBER 18, 2008 PAGE THREE PenMar Development Corporation meeting. Commissioner Barr thanked Marge Peters, Chair of the Rural Heritage Museum Committee, for her time and effort in the project to relocate the medical museum from Fahrney Keedy Home to the Rural Heritage Village. He stated that he attended the recent Economic Summit and the centenarian luncheon. Commissioner Barr described his trip last weekend on Allegiant Air’s inaugural flight from Hagerstown Regional Airport to Orlando, Florida. CITIZENS’ PARTICIPATION There was no one present who wished to participate. REPORTS FROM COUNTY STAFF Dee Hawbaker, Human Resources Administrator, asked for authorization to fill the vacancies for a Maintenance Equipment Operator I at the Highway Department and Deputy Director of Operations at the Water Quality Department. Motion made by Commissioner Wivell, seconded by Aleshire to approve filling vacancies for a Maintenance Equipment Operator I at the Highway Department and Deputy Director of Operations at the Water Quality Department. Unanimously approved. Joe Kroboth, Director of Public Works, reported that the Maugans Avenue project should be completed by the first or second week in December. He stated that the Devil’s Backbone Park pedestrian bridge and the SanMar Road drainage projects are on schedule and the Funkstown Bridge project is on or slightly ahead of schedule and should be completed by mid-January. Mr. Kroboth indicated that the Maryland Department of the Environment (MDE) would be holding a public hearing regarding general discharge permits for stormwater management as it relates to construction activity. He noted that MDE is making significant changes that could impact the County’s fast- track projects. Mr. Kroboth stated that the Maryland Department of Transportation is hosting a presentation on December 10 regarding the increase of freight transportation in the region. MIEMSS CARDIAC DEFIBRILLATOR MATCHING GRANT Motion made by Commissioner Wivell, seconded by Kercheval, to accept a Cardiac Defibrillator Matching Grant from the Maryland Institute of Emergency Medical Services Systems (MIEMSS) in the amount of $36,817 for the purchase of 47 LifePak Express, 7 LifePak 1000 Kit 2,and one LifePak 1000 Kit 6 automatic external defibrillators, and to approve the matching contribution of $35,000 from the Washington County Fire & Rescue Association with the remainder to be taken from the operating budget of the Department of Fire & Emergency Services. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, responded to the Commissioners’ earlier questions regarding the job description for the position of Deputy Director of Solid Waste Management. He stated that Kevin Lewis, Director of the Division of Fire & Emergency Services, and the Washington County Volunteer Fire & Rescue Association have been working to address the Fairplay Fire Department issues to ensure that the area has a first-due fire company responding and is adequately covered for fire protection. PRESENTATION OF THE FY 2008 AUDITED FINANCIAL STATEMENTS Debra Murray, Director of Budget & Finance, introduced William Seymour and Graylin Smith, representing SB & Company, LLC, who will be presenting the County's Fiscal Year 2008 audit report. Ms. Murray thanked her staff for their assistance in compiling the year-end reports. She provided a brief summary of the major funds and stated that the County’s asset base is near $1 billion and total net assets are $665,549,772. Ms. Murray reviewed the General Fund revenues and expenditures and stated that the fund balance for total governmental funds for the year ended June 30, 2008 is $123,699,698. NOVEMBER 18, 2008 PAGE FOUR Mr. Smith stated that the Management’s Discussion and Analysis is designed to give an overview in discussion format. He provided an explanation of the different funds, component units, notes to the financial statement, and the supplemental information included in the audit. Mr. Smith reported that the County has a “clean” unqualified financial report and stated that the General Fund ended with a surplus of $929,021 in revenues over expenditures. He noted that Washington County is in better financial condition than many local governments in dealing with reductions in revenue and federal requirements. Also included in the audit is a component unit for the Board of Education. He reviewed the scope of services, industry observations, the impact of GASB 45 for Other Post Employment Benefits, investment portfolio, aging infrastructure, review of potential environmental liabilities, and impacts of State and Federal budget cuts on revenue. The meeting was opened for questions from the Commissioners. RECESS – LUNCHEON WITH NARCOTICS TASK FORCE AND PRESENTATION ON DRUG/GANG AWARENESS The Commissioners recessed at 11:41 a.m. in order to attend a luncheon with the Narcotics Task Force and an overview of drug/gang trends in Washington County. AFTERNOON SESSION The afternoon session was called to order at 2:07 p.m. by President John F. Barr with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. CITY OF HAGERSTOWN ANNEXATION (A08-07) – KENNETH JORDAN Michael Thompson, Director of Planning, met with the Commissioners to review annexation request A08-07 from the City of Hagerstown. The property is located on Lots 180 and 181 on Harwood Road adjacent to the southwestern boundary of the City of Hagerstown west of Virginia Avenue. Mr. Thompson explained that the requested zoning is consistent with the existing County zoning, and “express approval” for the development of the property is not necessary. Mr. Thompson stated that the property is currently zoned RU - Residential Urban and the proposed zoning would be R-1 (Residential), which is consistent with County zoning. The meeting was opened for questions. The Commissioners concurred with the Staff’s determination that the requested zoning is consistent with existing County zoning and that express approval is not necessary. CITY OF HAGERSTOWN ANNEXATION (A08-06) – S & H PARTNERSHIP/SUMMIT RIDGE LLC Michael Thompson, Director of Planning, met with the Commissioners to review annexation request A08-06 from the City of Hagerstown. The property is located on the south side of MD 144 on the east side of Hump Road. Mr. Thompson stated that the property is currently zoned IG-Industrial General and the proposed zoning would be IR-Industrial Restricted. He explained that the proposed zoning is consistent with the 2002 adopted Comprehensive Plan, which designated the area as industrial. Staff believes that while the existing and proposed zonings are similar, they are substantially different (more restrictive) and therefore, under Article 23A, Section 9 of the Annotated Code of Maryland, “express approval” is necessary. The meeting was opened for questions. Motion made by Commissioner Kercheval, seconded by Aleshire, to grant express approval relating to City of Hagerstown Annexation Request A08-06 (S & H Partnership/ Summit Ridge LLC) which will annex the subject property into the City of Hagerstown with a zoning designation of IR - Industrial Restricted. Unanimously approved. CITY OF HAGERSTOWN ANNEXATION (A08-09) – VALLEY CAR WASH Michael Thompson, Director of Planning, met with the Commissioners to review annexation request A08-09 from the City of Hagerstown. The property is located on the east side of the City of Hagerstown at the NOVEMBER 18, 2008 PAGE FIVE intersection of Eastern Boulevard and Diamond Drive. Mr. Thompson explained that the requested zoning is consistent with the existing County zoning, and “express approval” for the development of the property is not necessary. Mr. Thompson stated that the property is currently zoned BG - Business General and the proposed zoning would be C2 (General Commercial). The meeting was opened for questions. The Commissioners concurred with Staff’s determination that the requested zoning is consistent with the existing County zoning and that express approval is not necessary. PROPOSED AMENDMENTS TO COMMISSION FOR WOMEN BYLAWS Dori Nipps and Laedetra Robinson, representing the Commission for Women, appeared before the Commissioners to request that amendments be made to its bylaws concerning membership, appointments, officer duties, meetings and committee structure. Ms. Nipps reviewed the proposed changes to the bylaws and the meeting was then opened for questions. Commissioner Kercheval asked that language be included that the County Commissioners approve all future changes to the bylaws. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the proposed amendments to the bylaws for the Commission for Women with the revision proposed. Unanimously approved. Ms. Nipps provided an update on the vacancies currently on the Commission. She informed the Commissioners of the details of the Commission’s annual essay contest and stated that the topic this year is “Women in the American Military.” Ms. Nipps noted that the Commission has been working with the Blossom School for Etiquette, W-House, and also participated in Habitat for Humanity’s “Woman Build” project. BID AWARD – GASOLINE AND DIESEL FUEL TRANSPORT DELIVERIES Motion made by Commissioner Kercheval, seconded by Aleshire, to award the contract for Gasoline and Diesel Fuel Transport Deliveries to the low responsive, responsible bidders for a one-year period with an option by the County to renew for two (2) additional one (1) year terms: Gasoline Transport Loads – A.C.& T. Co., Inc. - $944,911.88; and Diesel Transport Loads – Petroleum Traders Corp - $1,751,182.87. The contract will begin tentatively on December 1, 2008 and end on November 30, 2009. Unanimously approved. BID AWARD – SWIMMING POOL AND WATER/WASTEWATER TREATMENT CHEMICALS Motion made by Commissioner Aleshire, seconded by Kercheval, to award the contract for swimming pool and water/wastewater treatment chemicals to the lowest responsive, responsible bidders as follows for a one-year period: Item #10 (Sodium Hypochlorite) – Univar, Inc. - $1.59/gal.; Item #12 (Hydrated Lime) – Greer Lime Co. - $152/ton; Item #14 (Sodium Hypochlorite, 105 drums) – Amato Industries - $2.09/gal.; Item #15 (Granular Activated Carbon) – George S. Coyne - $2.91/lb.; Item #16 (Soda Ash, Light) – Univar, Inc. - $0.299/lb.; Item #18 (Liquid Aluminum Sulfate) – Univar, Inc. - $2.35/gal.; Item #19 (Powdered Activated Carbon) – Univar, Inc. - $0.99/lb.; Item #20 (Chlorine Gas) – JCI Jones Chemicals, Inc. - $100/150 lb. cylinder; Item #21A (Caustic Soda) – Univar, Inc. - $2.84/gal.; Item #21B (Caustic Soda) – No Bid; Item #22 (Ferrous Chloride Solution) – Kemira Water Solutions - $1.28/bulk gal.; Item #23 (Hydrofluosilcic Acid) - Univar, Inc. - $6.99/gal.; Item #24 (Granular Calcium Hypochlorite) – Univar, Inc. - $1.49/lb.; Item 25 (Sulfur Dioxide Gas) – JCI Jones Chemicals, Inc. - $150/cylinder; Item #26 (DelPAC 2000) – Univar, Inc. - $0.185/lb.; Item #29 (Sodium Hypochlorite) – Amato Industries, Inc. - $2.09/gal.; Item #30 (Cyanuric Acid) – Amato Industries, Inc. - $1.0356/lb.; Item #31 (Calcium Chloride) – Amato Industries, Inc. - $.3421/lb.; Item #32 (Muriatic Acid) – Amato Industries, Inc. - $.3211/gal.; and Item #34 (DelPAC 2020) – Univar, Inc. - $3.74/55 gal. drum. Unanimously approved. YOUTH MERITORIUS AWARDS – SEPTEMBER-OCTOBER 2008 The Commissioners presented certificates of merit to Leah M. Harrell (Clear Spring Middle School) and Lily Anna Mackley (Smithsburg Middle School) in recognition of their selection for the Youth Meritorious NOVEMBER 18, 2008 PAGE SIX Awards for September 2008 by the Washington County Community Partnership for Children & Families (WCCP). Commissioner Barr presented certificates of merit to Morgan Pettner (Clear Spring Middle School) and Christopher Bradford (North Hagerstown High School) for October 2008. The Commissioners commended them for their leadership, academic and extra-curricular activities. Commissioner Barr stated that they would each receive a $100 savings bond from the WCCP. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Baker, to convene in closed session at 3:08 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, assignment, discipline, demotion, compensation, removal, resignation, or performance evaluation 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; to discuss public security as the public body determined that public discussion would constitute a risk to the public or public security; 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. Motion carried with Commissioners Kercheval, Baker, Wivell, and Barr voting “AYE” and Commissioner Aleshire voting “NO.” RECONVENE IN REGULAR SESSION Motion made by Commissioner Kercheval, seconded by Aleshire, to reconvene in open session at 6:48 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, assignment, discipline, demotion, compensation, removal, resignation, or performance evaluation 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, discussed public security as the public body has determined that public discussion would constitute a risk to the public or public security;and consulted with counsel to obtain legal advice. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present at various times were Gregory Murray, County Administrator; John Martirano, County Attorney; Andrew Wilkinson, Assistant County Attorney; Joni Bittner, County Clerk; G. William Sonnik, Director of Human Resources; Joe Kuhna, Real Property Administrator; Joe Kroboth, Director of Public Works; Jim Sterling, Director of Parks, Recreation & Facilities; Ed Plank, Director of the Highway Department; Brian Overcash, Safety Compliance Administrator; Kevin Lewis, Director of Fire & Emergency Services; Glenn Fishack, President of the Washington County Volunteer Fire and Rescue Association; st and Roger Powell, 1 Vice President of the Maryland State Fireman’s Association. REAPPOINTMENTS – PUBLIC GOLF CORPORATION BOARD Motion made by Commissioner Kercheval, seconded by Baker, to waive the two-term limit policy and reappoint Richard Roulette to the Public Golf Corporation Board of Directors, to appoint Gary Wright for a three-year term, and to name the Director of the Hagerstown-Washington Convention & Visitor Bureau as permanent ex-officio member. Motion carried with Commissioners Kercheval, Baker, and Barr voting “AYE,” Commissioner Aleshire voting “NO,” and Commissioner Wivell “ABSTAINING.” APPROVAL TO ADVERTISE POSITION – OPERATOR TRAINEE Motion made by Commissioner Aleshire, seconded by Kercheval to authorize advertising to fill an Operator Trainee position at the Water Quality Department. Unanimously approved. NOVEMBER 18, 2008 PAGE SEVEN ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Kercheval, to adjourn at 6:50 p.m. ____________________________ County Administrator ____________________________ County Attorney ________________________ County Clerk