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March 4, 2008
Hagerstown, Maryland
The Commissioners attended the “State of the City” forum
sponsored by the Hagerstown-Washington County Chamber of
Duffy’s on Potomac
Commerce at at 7:30 a.m.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 9:45
a.m. by Vice President Terry L. Baker with the following
members present: Commissioners Kristin B. Aleshire, James
F. Kercheval, and William J. Wivell. (President John F.
Barr was absent for the morning session.)
INVOCATION AND PLEDGE OF ALLEGIANCE
A moment of silence was observed, followed by the Pledge of
Allegiance to the Flag by the full assemblage.
APPROVAL OF MINUTES – FEBRUARY 26, 2008
Motion made by Commissioner Kercheval, seconded by
Aleshire, to approve the minutes of February 26, 2008, with
corrections. Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Kercheval reported on meetings of the Maryland
Association of Counties (MACo) Legislative Committee and
the Planning Commission. He stated that he spoke to
seventh grade students at Western Heights Middle School
during a pep rally to prepare for the Maryland State
Assessment test. Commissioner Kercheval complimented the
City of Hagerstown on the State of the City presentation
this morning.
Commissioner Aleshire also commended the City of Hagerstown
for its State of the City address. He stated that it was
well done and well attended. Commissioner Aleshire
commented that information contained in a local news report
on House Bill 959 was inaccurate. He stated that he
attended a recent meeting of the Sharpsburg Mayor and
Council. Commissioner Aleshire reported on the Solid Waste
Advisory Committee meeting. He stated that he received a
request for funding from students in Boonsboro for the “We
the People” program and asked that staff respond, as the
County does not fund these requests. He indicated that he
would forward an e-mail message he received, regarding a
church group that is considering establishing a campground,
to the appropriate staff.
Commissioner Baker reported on the Community Action Council
meeting.
COUNTY ATTORNEY ISSUES
Kirk Downey, Assistant County Attorney, informed the
Commissioners that he would be circulating the draft
findings of fact on the Arnett rezoning case. He asked
that they review them and provide him with their comments,
so they can be presented for adoption at next week’s
meeting.
COUNTY ADMINISTRATOR’S COMMENTS
Greg Murray, County Administrator, stated that additional
information would be forthcoming on the electronics
recycling program that was recently started at the
landfill.
REPORTS FROM COUNTY STAFF
Joe Kroboth, Director of Public Works, informed the
Commissioners that the low bid for the Mt. Aetna Road and
U.S. Route 40 project was $1,089,268. The low bid to run a
fiber optics line from the Sheriff’s Department to the new
911 Center at Elliott Parkway was $1,075,867. Mr. Kroboth
noted that both bids came in below the estimate. He stated
that the pavement maintenance program would resume on March
24. Mr. Kroboth reminded the Commissioners that a public
information meeting regarding the bridge project on East
Oak Ridge Drive is scheduled for March 6.
Kevin Lewis, Interim Director of the Division of Fire &
Emergency Services, informed the Commissioners that they
were awarded a grant in the amount of $2,232,944.67 from
the Emergency Numbers System Board for various projects at
the new 911 Communications Center. He clarified his
position regarding the rental fees for utilizing space
owned by the Board of Education for training.
MARCH 4, 2008
PAGE TWO
Motion made by Commissioner Wivell, seconded by Kercheval,
to accept a grant in the amount of $2,232,944.67 from the
Emergency Numbers Systems Board for the 911 Communications
Center project as specified. Unanimously approved.
Jim Hovis, Director of the Gaming Office, informed the
Commissioners that a recent news story regarding Senate
Bill 959 and House Bill 1576, aired by the local television
station, contained inaccurate and potentially misleading
information. Mr. Hovis indicated that the bills will not
harm gaming in Washington County. He stated that he would
distribute a news release to rebut the story. Commissioner
Kercheval stated that there is a misconception in Annapolis
regarding the amount of net profits actually realized from
tip jars and the story reaffirmed that belief by
inaccurately overstating those amounts. Mr. Hovis
distributed a flow chart showing the distribution and net
profits for FY 2007.
Phil Ridenour, Airport Fire Chief, informed the
Commissioners that the Airport was awarded a special grant
from the Maryland Aviation Administration for a 50/50
matching grant for promotional and marketing efforts and
security-related projects. Mr. Ridenour stated that the
local match of $22,675 is budgeted in their operating
budget.
Motion made by Commissioner Kercheval, seconded by
Aleshire, to accept a matching grant from the Maryland
Aviation Administration for promotional and marketing
efforts and security related projects at the Airport for
$22,675 and to approve the local match as specified.
Unanimously approved.
William Sonnik, Director of Human Resources, introduced new
County employee Jason Logston (Sheriff’s Patrol Division).
The Commissioners welcomed him and wished him well in his
new position.
CITIZENS’ PARTICIPATION
Monda Sagalkin, representing the League of Women Voters,
stated that she came in to pick up surveys on affordable
housing. Mr. Murray volunteered to meet with her to
provide an update on the status of the Affordable Housing
Task Force recommendations.
John Himes expressed concerns regarding the light on Valley
Road that is not working. Joe Kroboth, Director of Public
Works, informed Mr. Himes that he had contacted the State
Highway Administration and advised them that the light was
not working since it is under their jurisdiction. Mr.
Himes also related other concerns in the area.
SHERIFF’S DEPARTMENT – BUDGET PRESENTATION
Sheriff Douglas Mullendore presented the proposed FY 2009
Sheriff's Department budget as follows: Judicial -
$2,088,290; Process Servers - $121,470; Patrol Division -
$8,447,060; and Detention Center - $10,560,290. The
meeting was opened for questions from the Commissioners
regarding the budget requests. Due to time constraints, it
was agreed that Sheriff Mullendore would be rescheduled to
present the proposed budgets for Narcotics Task Force and
Central Booking.
DEPARTMENT OF SOCIAL SERVICES BUDGET PRESENTATION
David Engle, Director of the Department of Social Services,
introduced Ellen Hayes, David Yohman, and David Pool,
members of the Board of Social Services, who presented the
FY 2009 budget request for the Department of Social
Services in the amount of $326,390. The Board members
provided information on various programs and stated that
the request would support Project Home, child welfare
programs, the rental of space for the Family Support
Center, the School/Family Liaison Program, a supplement to
the Director’s salary, and the Safe Place Child Advocacy
Center. Staff members were also present to answer any
questions.
BUDGET PRESENTATION – HEALTH DEPARTMENT
Earl Stoner, County Health Officer, presented the fiscal
year 2009 budget request of $2,381,770 for the County share
of the Health Department’s budget. Also present was Dr.
Elizabeth Morgan, School Superintendent,
MARCH 4, 2008
PAGE THREE
who spoke in support of the School Health Nurse Program.
The FY 2009 budget for School Health Nurses is $3,384,063.
Mr. Stoner reviewed the significant changes requested in
the budget. He noted that the Health Department is
anticipating State reductions in funding estimated at $2-
2.5 million. Mr. Stoner reviewed the programs that would
have to be cut due to lack of funding from federal and
state agencies. He stated that the Department is
attempting to redefine its strategic approach to providing
service and consolidation and realignment plans are being
developed to streamline operations and service provision.
Mr. Stoner also requested the reinstatement of the $10,000
supplement to the Health Officer’s salary. He provided
information on the national average salaries for Health
Officers. The meeting was then opened for questions
regarding the budget and the programs offered.
RECESS – LUNCH
The Commissioners recessed at 12:27 p.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:33 p.m. by
President John F. Barr, with the following members present:
Vice President Terry L. Baker, and Commissioners Kristin B.
Aleshire, and James F. Kercheval.
(Commissioner Wivell arrived at 1:41 p.m.)
BUDGET PRESENTATION – FIRE & EMERGENCY SERVICES
Kevin Lewis, Interim Director of the Division of Fire and
Emergency Services, presented the fiscal year 2009 budget
request for fire and rescue operations of $3,000,800. Kim
Edlund, Assistant Director of Finance, clarified the
request made as Phase I of the EMS Plan. She stated that
nine Technicians were approved; however, three Technicians
and a Supervisor position were not approved last fiscal
year, and the funds were placed in operating reserves. The
funding for these positions was then moved back into the
budget for Phase I request. Mr. Lewis reviewed significant
changes requested in the budget, which include the hiring
of nine ALS Technicians and an Assistant Chief based upon
the Phase II – EMS Plan approved by the Commissioners and
the purchase of an EMS transport vehicle. The meeting was
opened for questions.
(Commissioner Barr arrived at the meeting at 1:56 p.m. and
assumed the chair.)
The Commissioners suspended budget deliberations at 2:00 in
order to hold the advertised public hearing. The remaining
portion of 911 Communications budget that was not presented
will be rescheduled at a later date.
PUBLIC HEARING – ACQUISITION OF REAL PROPERTY
As advertised, the Commissioners convened a public hearing
at 2:01 p.m. in order to allow any interested persons to
appear and testify concerning the County’s intent and use
of general fund money to acquire the following described
parcels of land: 1) All that parcel of land containing
approximately one (1) acre of land, with improvements,
commonly known as 120-128 West Washington Street, 119-121
West Franklin Street, and 123-125 West Franklin Street,
Hagerstown, Maryland; 2) All those parcels of land
containing approximately 1.13 acres of land, commonly known
as 127, 129, 133, 137, 139, 141 and 143 West Franklin
Street, Hagerstown, Maryland; and 3) All that tract of
land, with improvements, commonly known as 149-151 West
Franklin Street, Hagerstown, Maryland. Greg Murray, County
Administrator, outlined the property to be purchased and
stated that the cost would be $4.61 million plus
miscellaneous closing costs. Mr. Murray stated that there
is already a revenue stream with the lease arrangements in
place that would more than cover the County’s monthly
costs. He also indicated that the purchase would create
numerous possibilities for a government-type one-stop shop
to include a permits service center. Mr. Murray outlined
the existing funding available for the purchase and
indicated that the County would not have to borrow funding
for this acquisition. He stated that staff
MARCH 4, 2008
PAGE FOUR
would research ways to attach the adjacent facility to the
current County building. The meeting was opened for
questions from the Commissioners. Since this was a Public
Hearing, Commissioner Barr then opened the meeting for
public comment.
Robert Bruchey, Mayor of the City of Hagerstown, spoke in
favor of the proposed acquisition and stated that it is a
great situation for the City.
Sharon Disque, Executive Director of Hagerstown
Neighborhood Development Partnership, applauded the County
for the proposal. She stated that current market
conditions have created a unique opportunity for the County
and would provide space in proximity to other government
offices.
The public hearing portion of the meeting was closed at
2:27 p.m. Each of the Commissioners commented on the
proposal at this time. Commissioner Aleshire stated that
improvements to the downtown area are high on the list of
priorities and outlined a possible scenario for
consolidation of services and relocating several other
County services. Commissioner Kercheval stated that he
supports the purchase and outlined the positive impacts of
the project. Commissioner Baker indicated that he has a
lot of unanswered questions and can’t support the project
until some of the questions are answered. Commissioner
Wivell stated that a more concrete plan is needed.
Commissioner Barr indicated that he supports the proposed
purchase.
Motion made by Commissioner Kercheval, seconded by
Aleshire, to approve the acquisition of property for public
use and to authorize $4.610 million plus miscellaneous
closing costs for the purchase of the following described
parcels of land: 1) All that parcel of land containing
approximately one (1) acre of land, with improvements,
commonly known as 120-128 West Washington Street, 119-121
West Franklin Street, and 123-125 West Franklin Street,
Hagerstown, Maryland; 2) All those parcels of land
containing approximately 1.13 acres of land, commonly known
as 127, 129, 133, 137, 139, 141 and 143 West Franklin
Street, Hagerstown, Maryland; and 3) All that tract of
land, with improvements, commonly known as 149-151 West
Franklin Street, Hagerstown, Maryland. Motion carried with
Commissioners Kercheval, Aleshire, and Barr voting “AYE”
and Commissioners Baker and Wivell voting “NO.”
YOUTH MERITORIUS AWARDS – JANUARY–MARCH 2008
The Commissioners presented a certificate of merit to
Brigitte Grewe (E. Russell Hicks Middle School) in
recognition of her selection as the Youth of the Month by
the Washington County Community Partnership for Children &
Families (WCCP) for January 2008, to Shelbi Ives (E.
Russell Hicks Middle School) for February 2008, and to
Donovan Mills (Clear Spring Middle School) for March 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.
PUBLIC HEARING – AMENDMENT TO MECHANICAL FEE SCHEDULE
The Commissioners convened a public hearing at 3:00 p.m. in
order to hear comments regarding the consideration of an
amendment to the Mechanical Fee Schedule adopted by
Ordinance on July 25, 2005 and amended on May 23, 2006 by
establishing a registration fee for mechanical contractors
who desire to perform work in Washington County.
Dan DiVito, Director of the Department of Permits and
Inspections, stated that there would be a $40 fee for a
master’s registration and a $20 fee for journeyman. Mr.
DiVito stated that proof of a State license would be
required. Commissioner Barr opened the hearing for public
comment. There was no one present who wished to comment.
The hearing was closed at 3:13 p.m. John Martirano, County
Attorney, stated that pursuant to the Annotated Code of
Maryland, the Commissioners are not permitted to take any
action on the proposed amendment for ten days.
MARCH 4, 2008
PAGE FIVE
CONTRACT AWARD – FOOD SERVICES AT THE WASHINGTON COUNTY
DETENTION CENTER
Motion made by Commissioner Baker, seconded by Wivell, to
award the contract for Food Services at the Washington
County Sheriff’s Detention Center to Aramark Correctional
Services, Inc., which submitted the low responsive,
responsible bid of $501,307.275 based on estimated annual
quantities of meals and the proposer’s unit costs per meal
type. The contract is for one year beginning May 1, 2008
with an option by the County to renew for up to four (4)
additional consecutive one-year periods. Unanimously
approved.
PROCLAMATION – AMERICAN RED CROSS MONTH
Commissioner Barr presented a proclamation to Julie Barr-
Strasburg, Executive Director of the Washington County
Office of the American Red Cross, designating March 2008 as
“American Red Cross Month” in recognition of the volunteers
who donate time, blood or money, coordinate blood drives,
teach lifesaving courses, and provide emergency services.
Ms. Barr-Strasburg thanked the Commissioners for the
proclamation.
Commissioner Barr left the meeting at this time and
indicated that he would be abstaining on the following
issue. Commissioner Baker assumed the Chair at 3:30 p.m.
CHANGE ORDER REQUEST – COURT HOUSE SECURITY ENHANCEMENTS
Motion made by Commissioner Aleshire, seconded by
Kercheval, to authorize the execution of a change order
with Callas Contractors for Court House Security
Enhancements to remove existing security panels in the
holding cell area, install conduits for security cameras
and replace the ceiling panels for the amount of
$72,428.25. Motion carried with Commissioners Aleshire,
Kercheval, Wivell, and Baker voting AYE and Commissioner
Barr “Abstaining”.
(Commissioner Barr returned to the meeting and resumed the
Chair 3:39 p.m.)
PROPOSED REORGANIZATION OF THE ENGINEERING DEPARTMENT
Joe Kroboth, III, Director of Public Works, appeared before
the Commissioners to outline a proposal to reorganize the
Division of Public Works. Mr. Kroboth explained that, with
the recent resignation of the Chief Engineer, the existing
organizational structure of the division was evaluated and
it was observed that the Engineering Department basically
functions in two distinct operations. He recommended that
the Engineering Department be separated into two distinct
operating cost centers – Public Works, Capital Projects,
and Public Works, Land Development Review. Those employees
involved in capital project development, design and
construction management would remain in Public Works–
Capital Projects and those involved with land development
review would be separated into the new department with the
respective budgetary costs divided between the two
departments. He asked for approval that all references to
”County Engineer” and “Chief Engineer” within ordinances,
policies, and resolutions be interpreted as the Director of
Public Works.
Mr. Kroboth recommended that the vacant Deputy Director of
Public Works position be changed to the Deputy Director of
Land Development Review at a Grade 17 and the Chief
Engineer position be renamed Deputy Director of Capital
Projects and downgraded to a Grade 17. The Transportation
Planner position in the Planning Department would be
retitled Transportation Engineer (Grade 15) and placed
under the Land Development Review and the GIS Analyst would
be transferred to the Public Works Department. Mr. Kroboth
also asked that the Director of Transportation position be
changed to Director of Transit and the Director of
Buildings, Grounds, and Parks be changed to Director of
General Services.
Mr. Kroboth recommended that the Deputy Director for
Environmental Management for Engineering Services, Deputy
Director, Environmental Management–Water & Wastewater
Operations, and the Deputy Director, Environmental
Management–Solid Waste be reclassified from the current
Grade 16 to Grade 17 with no adjustment in wages and
benefits, to ensure
MARCH 4, 2008
PAGE SIX
equity throughout the County. He also proposed that the
Airport Operations be moved into the Division of Public
Works with the remaining transportation related operations.
The meeting was opened for discussion and questions.
Commissioner Aleshire stated that he is in agreement with
the proposed reorganization with the exception of naming
the Buildings, Grounds and Parks Department the Department
of General Services. He suggested calling it the
Department of Parks and Properties. The Commissioners
indicated that they would revisit this issue after
consulting with the Director of this department.
Motion made by Commissioner Aleshire, seconded by
Kercheval, to approve the proposed reorganization of the
Division of Public Works as proposed, subject to
identifying an acceptable name for the Buildings, Grounds &
Parks Department. Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Aleshire, seconded by Wivell,
to convene in closed session at 3:54 p.m. to consider
matters that relate to collective bargaining negotiations;
to consider a matter that concerns the proposal for a
business or industrial organization to locate, expand, or
remain in the State; 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 Aleshire, seconded by Baker, to
reconvene in open session at 4:36 p.m. Unanimously
approved.
In closed session, the Commissioners considered matters
that relate to collective bargaining negotiations;
considered a matter that concerns the proposal for a
business or industrial organization to locate, expand, or
remain in the State; 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; Kirk Downey,
Assistant County Attorney; Joni Bittner, County Clerk; Joe
Kroboth, Director of Public Works; William Sonnik, Director
of Human Resources; and Gary Rohrer, Director of Special
Projects.
ADJOURNMENT
Motion made by Commissioner Baker, seconded by Kercheval,
to adjourn at 4:36 p.m. Unanimously approved.
___________________________
County Administrator
___________________________
County Attorney
________________________
County Clerk