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May 6, 2008
Hagerstown, Maryland
EMPLOYEE SERVICE AWARDS BREAKFAST
The Commissioners met at 7:30 a.m. at Next Dimensions
Restaurant for the annual service/retirement awards
program. Service pins were presented to County employees
for their years of service to Washington County government,
and the following retirees were honored: Bob Hafer,
William Crilly, Douglas Mullendore, Rodney Shoop, Denzil
Viands, Terry Whittington, Johnny Marshall, Edward
Robinson, and Ernest Bishop. Commissioner Barr thanked the
employees on behalf of all the Commissioners for their hard
work and dedication to County government.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 9:43
a.m. by President John F. Barr with the following members
present: Commissioners Kristin B. Aleshire, James F.
Kercheval, and William J. Wivell. Commissioner Terry 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. The Commissioners observed a moment of silence
in remembrance of former City Councilman Linn Hendershot
who died on May 1, 2008.
APPROVAL OF MINUTES – APRIL 29, 2008
Motion made by Commissioner Kercheval, seconded by Wivell,
to approve the minutes of April 29, 2008. Unanimously
approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Wivell had questions regarding a letter
received from a local business regarding Admissions and
Amusement Tax. John Martirano, County Attorney, indicated
that he has discussed this issue with the owner of the
business and he will follow up with the State Comptroller’s
Office who actually collects this tax. Commissioner Wivell
referenced the letter that was received from the Board of
Public Works stating that the State property tax rate is
$0.28 per $100 of assessed value and asked if that had
changed from last year. Greg Murray, County Administrator,
agreed to check on this issue.
Commissioner Aleshire stated that he attended the Halfway
Volunteer Fire and Rescue Company meeting. He thanked the
staff for organizing the employee awards breakfast this
morning. Commissioner Aleshire informed the Commissioners
that he made a presentation to the Citizens for the
Protection of Washington County regarding City/County water
and sewer issues. He stated that he attended the viewing
for Linn Hendershot and urged citizens to participate in
the public process as Mr. Hendershot did. Commissioner
Aleshire indicated that more changes would occur if
individuals got involved and made things happen.
Commissioner Kercheval informed the Commissioners that the
2+2 Committee meeting with the City was cancelled last
week. He stated that he met with a representative of
Petrie/Ross Ventures regarding their proposed development
on Route 40 East and shared some of the County’s concerns
about the project with him. Commissioner Kercheval stated
that he attended the ribbon-cutting ceremony for the new
infield at Municipal Stadium. He stated that he also
attended the viewing for Linn Hendershot and commented that
the loss would be felt in the community. Commissioner
Kercheval thanked the employees recognized during the
awards ceremony. He stated than he was unable to attend
the Planning Commission meeting and that Commissioner Baker
attended the meeting on his behalf.
Commissioner Barr expressed his condolences to the family
of Linn Hendershot and emphasized Mr. Hendershot’s passion
for the community. He informed the Commissioners that he
met with several representatives of Allegheny Energy
regarding the PATH Project, the proposed high voltage
transmission line that would run through part of southern
Washington County, and indicated that there has been no
determination on the project. Commissioner Barr stated
that there is a possibility that it
MAY 6, 2008
PAGE TWO
could miss Washington County. He also commented on the
“Trail” project, which is a similar project going from
Morgantown, West Virginia, to Winchester, Virginia.
Commissioner Barr informed the Commissioners that he
attended the Community Foundation grant awards ceremony.
FY 2009 PROGRAM OPEN SPACE (POS) FUNDING
Jim Sterling, Director of the Buildings, Grounds & Parks
Department, met with the Commissioners to review the FY
2009 Annual Program Open Space Funding as recommended by
the Recreation and Parks Board. Mr. Sterling informed the
Commissioners that the County’s FY 2009 allocation from the
State is $386,558. He noted that the State has drastically
reduced POS funding to the counties due to State budget
issues. Mr. Sterling indicated that the County has met the
State’s acquisition attainment goals, so all funding can be
used for development projects. The Commissioners discussed
the proposed projects as approved by the Recreation and
Parks Advisory Board: Development – Board of Education -
$29,700; Boonsboro - $50,000; Funkstown – $13,770;
Hagerstown – $85,500; Hancock – $50,000; Keedysville -
$10,800; Smithsburg - $18,000; Williamsport – $32,000;
Hagerstown Community College - $27,000; and Washington
County – $69,788. The meeting was opened for questions and
discussion. Mr. Sterling asked for authorization to
proceed with plans for construction of a pavilion at Black
Rock Golf Course using funds from the John Howard Trust.
He also asked that the Commissioners consider utilizing the
land previously used for the rubble landfill for additional
park land and softball and soccer fields if it is
determined that it will not be used as a landfill in the
future.
Motion made by Commissioner Kercheval, seconded by
Aleshire, to approve the annual FY 2009 Program Open Space
program as presented in the amount of $386,558. Unanimously
approved.
Motion made by Commissioner Kercheval, seconded by
Aleshire, to authorize the use of funds from the John
Howard Trust for construction of a pavilion at Black Rock
Golf Course. Unanimously approved.
APPROVAL FOR CHANGE OF DEPARTMENT NAME
Jim Sterling, Director of Buildings, Grounds & Parks,
proposed that that the name of his department be changed to
“Parks, Recreation & Facilities” as part of the
reorganization that was approved on March 4, 2008 to better
reflect the changes made. After discussion, the
Commissioners agreed to change the name of the department
as recommended by staff.
COUNTY ADMINISTRATOR’S COMMENTS
Greg Murray, County Administrator, informed the
Commissioners that in answer to Commissioner Wivell’s
question earlier in the meeting, the State property tax
rates are the same as last year. Mr. Murray reminded the
Commissioners that the “Capital for a Day” event is
scheduled in Hagerstown for May 8 and reviewed the
Governor’s tentative schedule.
REPORTS FROM COUNTY STAFF
Joe Kroboth, Director of Public Works, informed the
Commissioners that the State has started construction on
the bridges on Interstate 70 over Black Rock Road. Mr.
Kroboth also stated that the intersection improvement
project at Md. Route 40 and Mt. Aetna Road has begun. He
noted that the two rest areas on I-70 have been closed for
renovation and the temporary location will be at Prime
Outlets. Mr. Kroboth stated that he is coordinating the
second public information meeting for the Funkstown Bridge
project and asked the Commissioners to advise him of their
availability. The Commissioners agreed to tentatively set
the date for May 14 at 7:00 p.m. Mr. Kroboth stated that
he would advertise the meeting when the location is
determined.
Bill Sonnik, Director of Human Resources, introduced Leslie
Hendrickson who was recently promoted to the position of
Agricultural Marketing Specialist.
CITIZENS’ PARTICIIPATION
There was no one present who wished to participate.
MAY 6, 2008
PAGE THREE
WORKERS’ COMPENSATION FOR VOLUNTEER MEMBERS OF FIRE AND
RESCUE COMPANIES
Andrew Wilkinson, Assistant County Attorney, met with the
Commissioners regarding workers’ compensation coverage for
volunteer members for fire and rescue companies. Mr.
Wilkinson explained that pursuant to Md. Code, Labor &
Employment Article, Section 9-234(a)(3), a county
government may provide by resolution that members of
volunteer fire or rescue companies be considered covered
employees for purposes of workers’ compensation coverage
provided by the county government. He stated that the
County does not have a resolution in place, although it has
considered such members as covered employees in the past.
Mr. Wilkinson indicated that, if the Commissioners wish to
allow members of volunteer fire or rescue companies to be
considered covered employees while on duty, a formal
resolution should be adopted to clarify the issue. He
stated that each volunteer company would then elect whether
its members would be considered as covered employees for
workers’ compensation coverage. The meeting was opened for
questions and discussion.
Motion made by Commissioner Kercheval, seconded by
Aleshire, to adopt the Resolution allowing members of
volunteer fire or rescue companies to be considered covered
employees while on duty for purposes of workers’
compensation coverage provided by the County. Unanimously
approved.
PROCLAMATION – BUILDING SAFETY WEEK
Commissioner Barr presented a proclamation to Dan DiVito,
Director of Permits & Inspections, Angela Smith, Deputy
Director, and Rob Smith, Building Inspector, designating
the week of May 5-11, 2008 as Building Safety Week in
Washington County to remind the public about the critical
role of building safety and fire prevention officials,
architects, engineers, builders and others in the
construction industry to ensure the safe construction of
buildings through enforcement of the building codes. Mr.
DiVito thanked the Commissioners for the proclamation and
spoke on the importance of building code enforcement. Mr.
Smith provided information of their plans to promote
Building Safety Week and informed the Commissioners that
staff made a presentation on the benefits of the codes to
Technical High School students. He stated that they hope
to expand to other areas to talk about the importance of
building codes and inspections.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Aleshire, seconded by Wivell,
to convene in closed session at 11:04 a.m. to discuss the
appointment, employment, assignment, and/or compensation of
appointees, employees or officials over whom it has
jurisdiction; and to discuss personnel matters that affect
one or more specific individuals, 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 Wivell,
to reconvene in open session at 11:38 a.m. Unanimously
approved.
In closed session, the Commissioners discussed the
appointment, employment, assignment, and/or compensation of
appointees, employees or officials over whom it has
jurisdiction; and discussed personnel matters that affect
one or more specific individuals. 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; and Joni
Bittner, County Clerk.
ADJOURNMENT
Motion made by Commissioner Kercheval, seconded by
Aleshire, to adjourn at 11:38 a.m. Unanimously approved.
_____________________________,
County Administrator
MAY 6, 2008
PAGE FOUR
_____________________________,
County Attorney
________________________
County Clerk