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February 5, 2008
Hagerstown, Maryland
The Commissioners participated in the State of the County
forum sponsored by the Hagerstown/Washington County Chamber
of Commerce at the Four Points Hotel at 7:30 a.m.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 10:00
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 delivered by Commissioner Barr, followed
by the Pledge of Allegiance to the Flag by the full
assemblage.
APPROVAL OF MINUTES – JANUARY 29, 2008
Motion made by Commissioner Aleshire, seconded by
Kercheval, to approve the minutes of January 29, 2008.
Unanimously approved.
Commissioner Aleshire commented that, in the future, he
would like to have a summary of any significant discussions
that occur at lunch meetings.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Baker reported on the Community Action Council
Board meeting. He commended President Barr on his
presentation at the State of the County address.
Commissioner Baker informed the Commissioners that he
attended the Planning Commission meeting.
Commissioner Kercheval stated that he attended the Maryland
Association of Counties (MACo) Legislative Committee
meeting. He reported on the Planning Commission meeting.
Commissioner Kercheval informed the Commissioners that he
met with a developer and the staff of the Department of
Public Works regarding traffic generation concerns and
possible ways to resolve these issues.
Commissioner Aleshire stated that he attended the debate on
Charter Home Rule. He indicated that he also attended the
Boonsboro Mayor & Council meeting and that the results of
the recycling survey were discussed at the meeting. He
apologized for not attending the Smithsburg Fire Company
banquet due to illness. Commissioner Aleshire informed the
Commissioners that he attended the community meeting held
by Corporate Offices Property Trust (COPT) regarding the
development of the former Fort Ritchie Army base. He
stated that he heard that Keedysville residents are
concerned about the Board of Education’s school
redistricting proposal. Commissioner Aleshire indicated
that he received an e-mail regarding issues with debris and
he thanked County staff for their timely response. He also
thanked Greg Murray, County Administrator, for his work on
the State of the County presentation.
Commissioner Wivell thanked the Chamber of Commerce for
sponsoring the televised debate on Charter Home Rule. He
stated that he received a letter from a constituent
regarding the issue of landlords passing on higher
assessments to their tenants.
Commissioner Barr informed the Commissioners that he
attended the MACo Legislative Committee meeting, the
Charter Home Rule debate, the Smithsburg Fire Company’s
annual banquet, and the YMCA annual fundraiser. He stated
that he also attended the Washington County North Stars
hockey team’s senior recognition event and the COPT meeting
in Cascade.
INTRODUCTION OF NEW EMPLOYEE
William Sonnik, Human Resources Director, introduced new
County employee William Gonzalez (Detention Center). The
Commissioners welcomed him and wished him well in his new
position.
CITIZENS’ PARTICIPATION
There was no one present who wished to participate.
FEBRUARY 5, 2008
PAGE TWO
COUNTY ADMINISTRATOR’S COMMENTS
Greg Murray, County Administrator, reminded the
Commissioners that the meeting with the Delegation in
Annapolis tomorrow is scheduled for 8:30 a.m. He noted
that the State of the County address can be obtained from
Norman Bassett on CD and can be accessed online at the
County’s website.
REPORTS FROM COUNTY STAFF
William Sonnik requested authorization to advertise to fill
the following positions: Emergency Communications
Supervisor and Senior Plant Operator (Water Quality
Department).
Motion made by Commissioner Kercheval, seconded by Baker,
to advertise to fill the positions of Emergency
Communications Supervisor and Senior Plant Operator.
Unanimously approved.
Norman Bassett, Public Information Officer, stated that the
audio version of the State of the County address is on the
County’s website as well as I-Tunes. Commissioner Barr
thanked Mr. Bassett for his work on the presentation.
Joe Kroboth, Director of Public Works, informed the
Commissioners that the carpet has been installed at the new
Boonsboro Branch Library and that staff will be working
with the Library to schedule the grand opening. He also
responded to questions regarding the Smithsburg Library and
indicated that he is waiting for a response to the County’s
latest correspondence from the contractor.
COUNTY ATTORNEY ISSUES
Kirk Downey, Assistant County Attorney, stated that the
applicant for rezoning request for Map Amendment RZ-07-005
has requested that the County postpone any action to
finalize the decision for 90 days. He stated that the
Commissioners had previously reached consensus to grant
approval subject to the drafting and approval of the
findings of fact. Mr. Downey indicated that the family is
in discussions with the State of Maryland regarding
purchase of the property and wishes to wait until the
appraisal is finalized. He stated that the applicant also
has the right to withdraw the case. After discussion, it
was the consensus of the Commissioners to grant the request
of the applicant to delay formalizing a decision on RZ-07-
005 for 90 days.
BID AWARD – VIDEO PRESENTATION SYSTEM
Motion made by Commissioner Wivell, seconded by Aleshire,
to award the contract for the video presentation system for
the Washington County Circuit Court to MTI Office Systems
d/b/a Nomad Technologies, which submitted the low
responsible, responsive total lump sum bid of $46,282
(which includes Alternate No. 1 for $4,189) being funded
with Narcotics Task Force funds. Unanimously approved.
PUBLIC HEARING – REQUEST TO BE ADDED TO THE LIST OF NON-
PROFIT ORGANIZATIONS – PARENT-CHILD CENTER
The Commissioners convened a public hearing at 11:03 a.m.
to hear comments regarding the request made by The Exchange
Club Parent-Child Center, Inc. to be added to the list of
nonprofit organizations to which the County Commissioners
may contribute funds during the annual budget process,
pursuant to Section 1-108(b), Code of the Public Local Laws
of Washington County, Maryland.
Millie Lowman, Executive Director of the Parent-Child
Center, made a presentation to the Commissioners on the
history and purpose of the group, which provides services
for the prevention of child abuse and teen pregnancy. Ms.
Lowman stated that their program is used as a “bridge”
until clients can receive social services. She indicated
that the Center provides a clothing closet, furniture,
diapers and formula. Ms. Lowman explained that they also
provide in-home services for at-risk families and parenting
classes. Jacqueline Barrett, Parent/Aide spoke in support
of the program and noted that the Center also sponsors a
Christmas party for low-income families as well as the Teen
Choices/Teen Voices pregnancy prevention program. The
meeting was opened for questions from the Commissioners.
The hearing was then opened for public comment. There
FEBRUARY 5, 2008
PAGE THREE
was no one present who wished to comment. The public
hearing was closed at 11:21 a.m.
The Commissioners took this request under consideration and
discussed the current process. They discussed the
possibility of allocating a fund for the non-profit
agencies on the list and any requests for funding would be
allotted from those designated funds. The Commissioners
requested that this item be brought back as part of the
budget discussions.
INTERGOVERNMENTAL COOPERATIVE PURCHASE – ELECTRONICS
RECYCLING SERVICES FOR THE SOLID WASTE DEPARTMENT
Motion made by Commissioner Kercheval, seconded by Wivell,
to approve the Resolution (Resolution No. RS-08-01)
authorizing the purchase of Electronics Recycling Services
with E-Structors, Inc. (ESI) for use by the Solid Waste
Department for removal of material for electronics
recycling at the fee rate of $.059 per pound if serviced by
ESI or $0.039 if delivered by Washington County, by
utilizing the Allegany County contract in accordance with
the terms and conditions of that contract pursuant to
Section 1-106.3 of the Code of Public Local Laws of
Washington County, Maryland. Unanimously approved.
RECESS – LUNCH
The Commissioners recessed at 11:51 a.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:32 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.
REVISED PERSONNEL POLICIES – PR-18 (WAGE & SALARY
CLASSIFICATION PROGRAM) AND PR-19 (PERFORMANCE MANAGEMENT
SYSTEM)
William Sonnik, Director of Human Resources, met with the
Commissioners to review revised Personnel Policies PR-18 –
Wage & Salary Classification Program and PR-19 –
Performance Management System. Mr. Sonnik stated that he
has incorporated the revisions to PR-18 as directed by the
County Commissioners at last week’s meeting and reviewed
the changes that were made. The Commissioners discussed
the changes that had been made to the policy.
Mr. Sonnik then reviewed Policy PR-19 – Performance
Management System and the revisions that were made as a
result of the changes presented by the Salary Review
Committee. The Commissioners discussed the policy and
asked that one revision be made.
Motion made by Commissioner Baker, seconded by Wivell, to
adopt revised Personnel Policies PR-18 - Wage & Salary
Classification Program and PR-19 – Performance Management
System, as amended. Motion carried with Commissioners
Baker, Wivell, Aleshire and Baker voting “AYE” and
Commissioner Kercheval voting “NO.” (Copies of the
approved policies are attached.)
BUDGET DISCUSSION – HOTEL RENTAL TAX
Greg Murray, County Administrator, reviewed options to
disburse the hotel rental tax funds (“hotel/motel tax”).
Mr. Murray stated that expenditure of revenues is
restricted by State statute for tourism promotion to the
Convention and Visitors Bureau (50%), administrative costs,
legal fees, development of tourism attractions, economic
development, and to support cultural and recreational
projects in Washington County. He provided the following
proposal for the disbursement of funds for FY 2009: 1)
Propose to allocate hotel/motel tax proceeds based on the
current fiscal year’s actual collection of the hotel’s
jurisdiction paid on a quarterly basis; 2) The
unincorporated collections will remain within the
hotel/motel fund to be utilized by Washington County; 3)
Both municipalities and the County governments will expend
the funds in FY 2009 and forward under the allowed
expenditures dictated under Article 24, Title 9, Subtitle
3; 4) The Fund will be exempt from the County’s cash
reserve policy, as this fund will function on a cash basis
only. Any interest earnings will be maintained by the
general fund to offset collection, delinquency, and
FEBRUARY 5, 2008
PAGE FOUR
administration of the tax itself and administration of the
hotel/motel tax fund.
Other options discussed included allocation of the funds by
population or allocation by committee. After discussion,
the Commissioners agreed to place the jurisdictional
allocation amount ($270,000) in a special allotment and to
solicit input from the Washington County Chapter of the
Maryland Municipal League (MML) as to how they feel the
funds should be equitably divided among the municipalities.
The Commissioners agreed that they do not feel the funds
should be divided equally for distribution to the nine
municipalities. Mr. Murray stated that the County would
provide population information and any other information
requested by MML. The County would then provide a direct
allocation of some sort, with the County Commissioners
having the final approval.
EAST OAK RIDGE DRIVE BRIDGE REHABILITATION PROJECT
Terry McGee, Chief Engineer, and Joe Kroboth, Director of
Public Works, met with the Commissioners to discuss the
East Oak Ridge Drive Bridge Rehabilitation project. Mr.
McGee stated that several local business owners expressed
concerns about the closing of East Oak Ridge Drive. As a
result of the meeting, the County agreed to explore the
option of constructing a temporary bridge at the project
site to prevent closing the road to traffic. Mr. McGee
noted that the project is a federal aid project and must
follow State and Federal requirements.
Mr. McGee stated that he is now recommending that the
County not include the construction of a temporary bridge
but to proceed consistent with past bridge projects. He
indicated that he solicited a cost proposal to more fully
evaluate the possibility, as the County has had no prior
experience in using a temporary bridge in this fashion.
Mr. McGee explained that he met with the KCI, the project’s
design engineer, who is proposing a fee of $22,442.84 to
prepare concept plans and develop a cost estimate. KCI
estimates that it would cost $672,000 plus right-of-way and
utilities costs for construction of a temporary bridge. He
also noted that the State Highway Administration (SHA)
feels that this would be considered eligible for federal
aid participation at the 80/20 cost share. Mr. McGee
explained that this would add approximately $151,400 to the
local cost. He estimated that advertising the project
would have to be delayed until the fall if a temporary
bridge is included in the bid. Mr. McGee stated that
allocating the additional federal aid funding to this
project would cause other federal aid projects to be
delayed.
Mr. McGee recommended that the County commit to a
compressed schedule for a five-month closure period. He
noted that compressing the time period from six months to
five would result in a cost increase of approximately five
percent. Mr. McGee outlined the following four options:
1) Proceed with the concept plan and then decide whether to
include a temporary bridge; 2) proceed to include the
temporary bridge; 3) proceed as currently planned; or 4)
proceed with a compressed construction schedule. The
meeting was then opened for discussion and questions.
In answer to questions from the Commissioners, Mr. McGee
outlined what a typical incentive/disincentive package for
early completion would entail. Area business owners were
in attendance and expressed their concerns about the bridge
closure and how it would adversely impact their businesses.
Motion made by Commissioner Aleshire, seconded by
Kercheval, to have staff proceed with the East Oak Ridge
Drive Bridge Project using a five-month expedited
construction schedule package. Motion carried with
Commissioners Aleshire, Kercheval, Baker, and Wivell voting
“AYE” and Commissioner Barr voting “NO.”
YOUTH OF THE MONTH AWARDS – NOVEMBER 2007
The Commissioners presented a certificate of merit to
Jeremy Cress (North Hagerstown High School) in recognition
of his selection as the Youth of the Month by the
Washington County Community Partnership for Children &
Families (WCCP) for November 2007. The Commissioners
commended him for
FEBRUARY 5, 2008
PAGE FIVE
his leadership, academic and extra-curricular activities.
Commissioner Barr stated that Jeremy would receive a $100
savings bond from the WCCP.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Aleshire, seconded by
Kercheval, to convene in closed session at 3:59 p.m. to
discuss the appointment, employment, assignment,
discipline, compensation, removal, resignation, and/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 consider the acquisition of real property
for a public purpose and matters directly related thereto;
to consult with counsel to obtain legal advice; and to
consult with staff, consultants, or other individuals about
pending or potential litigation, 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 Kercheval, seconded by Baker,
to reconvene in open session at 4:31 p.m. Unanimously
approved.
In closed session, the Commissioners discussed the
appointment, employment, assignment, discipline,
compensation, removal, resignation, and/or performance
evaluation of appointees, employees or officials over whom
it has jurisdiction; personnel matters that affect one or
more specific individuals; to consider the acquisition of
real property for a public purpose and matters directly
related thereto; to consult with counsel to obtain legal
advice; and to consult with staff, consultants, or other
individuals about pending or potential litigation. 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; Kirk Downey, Assistant County Attorney;
Andrew Wilkinson, Assistant County Attorney; Joni Bittner,
County Clerk; Gary Rohrer, Director of Special Projects;
and James Hovis, Director of the Gaming Office.
ADJOURNMENT
Motion made by Commissioner Aleshire, seconded by Wivell,
to adjourn at 4:31 p.m. Unanimously approved.
_____________________________
County Administrator
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County Attorney
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County Clerk