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September 9, 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, Terry L. Baker,
Kristin B. Aleshire, James F. Kercheval, and William J.
Wivell were in attendance. The following Board of
Education members were present: Roxanne Ober, Paul Bailey,
Ruth Anne Callaham, William Staley, Wayne Ridenour, Donna
Brightman and Bernadette Wagner. Staff members making
presentations were Dr. Elizabeth Morgan, Superintendent of
Schools; Boyd Michael, Deputy Superintendent of Schools;
Chris South, Chief Financial Officer, Robert Spong,
Facilities Planning Manager; Michael Peplinski, Director of
Maintenance and Operations; and Rob Rollins, Director of
Facilities Planning and Development.
Fourth Quarter Budget Adjustments
Motion made by Commissioner Wivell, seconded by Aleshire,
to approve the following fourth quarter budget adjustments,
as requested by the Board of Education, by decreasing the
following categories: Administration - $485,110; Mid-Level
Administration - $171,112; Instructional Salaries -
$615,447; Instructional Textbooks & Supply - $37,587;
Special Education - $279,833; Student Personnel Services -
$8,144; Student Health Services - $24,947; Student
Transportation Services - $13,607; Operation of Plant -
$44,949; Capital Outlay - $2,043,112; Food Services -
$12,887; and Fixed Charges - $385,872 and by increasing the
following categories: Revenue - $10,110; Other
Instructional Costs - $19,571; and Maintenance of Plant -
$2,070,253; for a net change in the Fund Balance of
$2,042,893. Unanimously approved.
Commissioner Kercheval pointed out that the Board’s fund
balance had increased from $300,000 in FY 2002 to nearly $8
million in FY 2009 and asked for information regarding the
amount of reserves kept by other school boards in the
State. He stated that the County and State’s reserve funds
and maintenance of effort requirements account for budget
protection for the Board of Education, and surplus funds
could be better utilized by applying them to the backlog of
capital/maintenance projects. Dr. Morgan indicated that
she would find out if there is a benchmark for school
systems regarding the percentage of funds to be held in
reserve. Mr. South indicated that the surplus funds would
still need to go in the fund balance to close out the
fiscal year, and could be moved from there to a specific
project in the future.
State Capital Improvement Program – FY 2010 – FY 2015
(Draft)
Mr. Michael presented an overview of the proposed State
Capital Improvement Program (CIP) for the period FY 2010 –
2015 and stated that the total State CIP funding request is
$17,484,000. He stated that the CIP goals are to
prioritize capital project needs, identify and resolve seat
capacity issues, address systemic needs, and address
renovation/modernization needs. Mr. Michael reviewed the
FY 2010 CIP funding requests and the future requests, which
include replacement of Bester Elementary School, a new
“East City” High School and a new “West City” Elementary as
well as systemic projects. Mr. Michael informed the
Commissioners that the State has changed its policy and
will now fund 73% of eligible construction costs if the
prevailing wage rate is used for the project. The meeting
was then opened for questions.
Antietam Academy Schematic Design Review
Gary Rohrer, Chair of the Advisory School Design Review
Committee, distributed copies of the Committee’s review of
the schematic design phase of the Antietam Academy project.
Mr. Rohrer stated that it was the consensus of the
Committee to advocate using a geothermal system for this
project. He indicated that they feel the payback on such a
system is within the 5-7 year range. Mr. Michael also
discussed LEED certification and stated that the paperwork
for this alone would cost $45,000-$50,000.
RECESS
The Commissioners recessed at 9:47 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.
SEPTEMBER 9, 2008
PAGE TWO
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 – AUGUST 26, 2008
Motion made by Commissioner Kercheval, seconded by
Aleshire, to approve the minutes of August 26, 2008.
Unanimously approved.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Baker stated that he attended the Volvo/Mack
Truck 5K road race. He reported on the Recreation and
Parks Advisory Board meeting and stated that he would
provide more information on the decrease in State Program
Open Space funding in the future.
Commissioner Kercheval informed the Commissioners that he
attended a presentation for elected officials at Hagerstown
Community College (HCC) on life sciences in our community
and initiatives to attract this type of business to the
area. He stated that he had made a proposal earlier that
the Economic Development Commission (EDC) organize a
workshop for this purpose, but suggested that they now
collaborate with HCC instead of working separately. It was
the consensus of the Commissioners to have the EDC staff
work jointly with HCC on this effort. Commissioner
Kercheval stated that the Lobbying Coalition is working to
prioritize issues for the 2009 legislative session. He
also reported on the Planning Commission meeting.
Commissioner Aleshire stated that he attended the meeting
of the Funkstown Mayor and Council and noted that they have
had difficulty getting speed limit signs for their park.
He informed the Commissioners that he attended the
presentation at HCC and reported on the Solid Waste
Advisory Committee meeting. Commissioner Aleshire
indicated that he attended last month’s EDC meeting and the
Republican Club picnic. He stated that the annual Antietam
Creek Watershed Association Clean-up is this weekend. He
commended the Board of Education on resolving the North
Hagerstown High School track issue.
Commissioner Wivell reported on the Water & Sewer Advisory
Commission meeting.
Commissioner Barr reminded the Commissioners that the
opening of the new Martin’s supermarket on Pennsylvania
Avenue is this evening and the official ribbon cutting is
tomorrow. He stated that he attended a meeting last week
with the City of Hagerstown regarding the Arts and
Entertainment District project and encouraged the
Commissioners to assist with the final aspects of this
project. Commissioner Barr informed the Commissioners that
he attended an appreciation luncheon sponsored by the
Economic Development Commission for the Department of
Business & Economic Development staff. He reported on the
PenMar Development Corporation meeting and stated that the
ribbon-cutting and dedication ceremony for the new
community center is scheduled for September 27.
Commissioner Barr reminded the Commissioners that he would
not be at next Tuesday’s meeting and reminded them of the
dedication of Rockland Woods Elementary School.
st
21 ANNUAL NATIONAL PIKE FESTIVAL AND WAGON TRAIN
Laura Bowman, representing the National Pike Festival Wagon
Train, informed the Commissioners that the festival is
scheduled for May 16-17, 2009 and asked that the County
support the event by providing use of mailing facilities,
providing funding for an escort from the Sheriff’s
Department, and allowing the festival to be included on the
County’s event insurance coverage. Ms. Bowman presented
the Commissioners with a framed photograph of the event.
Motion made by Commissioner Kercheval, seconded by
Aleshire, to approve funding from the Commissioners’
Contingency Fund to pay overtime costs
SEPTEMBER 9, 2008
PAGE THREE
for two Sheriff’s deputies for the National Pike Festival
on May 16-17, 2009, to provide access to the mail room, and
to include them on the County’s event insurance coverage.
Unanimously approved.
CITIZENS’ PARTICIPATION
Phil Physioc discussed an issue regarding his property off
of Mt. Aetna Road.
Robyn Jones appeared before the Commissioners to express
concerns regarding a situation in Fair Acres Subdivision
off Mondell Road. Ms. Jones stated that a complaint was
filed with the County’s Permits & Inspections Department
regarding a violation of the Weed Control Ordinance by
Deane Joyce. Ms. Jones stated that she felt Mr. Joyce had
misrepresented information about his property’s involvement
in various Federal and State programs. She indicated that
his participation in the Wildlife Habitat Incentive Program
(WHIP) ended on August 28 and asked that the County proceed
to have the weeds removed. Ms. Jones informed the
Commissioners that they are working with an attorney to
have the covenants in their subdivision revised so that
this situation would not happen again in a residential
community. She also asked that the Commissioners revisit
the Ordinance to clarify various issues.
Phil and Trish McNamee, who are also neighbors in the Fair
Acres Subdivision, expressed their concerns and asked that
the Weed Control Ordinance be enforced on Mr. Joyce’s
property. John Martirano, County Attorney, stated that the
County Attorney’s Office has reviewed the information
provided to the County and has some thoughts they would
like to share with the Commissioners regarding this issue.
The Commissioners discussed the issue, and agreed to
continue discussions after the scheduled public hearing.
PUBLIC HEARING – CITY OF HAGERSTOWN/WASHINGTON COUNTY
ENTERPRISE ZONE JOINT APPLICATION
The Commissioners convened a public hearing at 11:01 a.m.
in order to hear comments regarding the joint application
for expansion of the Enterprise Zone on property located
within the corporate boundaries of the City of Hagerstown
and Washington County. Sonja Hoover, Fiscal/Research
Specialist with the Economic Development Commission stated
that an application was submitted to the Maryland
Department of Business and Economic Development for the re-
designation of the Enterprise Zone in 2002 and that
designation will remain in effect until 2012. She stated
that this expansion would add parcels 557, 559, and 560 of
Wellers Alley to the current Enterprise Zone. The meeting
was then opened to the public for public comment. Deborah
Everhart, City of Hagerstown Economic Development Director,
spoke in support of the application. She stated that the
City has also held its public hearing on this issue and
will adopt the Resolution at its next meeting. Ms.
Everhart commended Ms. Hoover for her administration of the
Enterprise Zone program.
Motion made by Commissioner Kercheval, seconded by
Aleshire, to support the joint application with the City of
Hagerstown for the expansion of the Enterprise Zone to
include parcels 557, 559, and 560 of Wellers Alley and to
adopt the Resolution (Resolution No. RS-08-012)in Support
of Expansion and the map of the area. Unanimously
approved.
BID AWARD – MT. AETNA WATER STORAGE TANK
Motion made by Commissioner Kercheval, seconded by Baker,
to award the contract for construction of the Mt. Aetna
Water Storage Tank to PSI Pumping Solutions, Inc., which
submitted the lowest responsible, responsive total base bid
of $265,100, contingent upon the approval of the Department
of Environment and its grant funding. Unanimously
approved.
CONTINUED DISCUSSION ON THE WEED CONTROL ORDINANCE
Andrew Wilkinson, Assistant County Attorney, stated that
County staff now believes that Mr. Joyce’s property does
not fall under any exemption to the Weed Ordinance and the
Weed Ordinance should be enforced. Commissioner Aleshire
asked about the exception in the Ordinance for a
SEPTEMBER 9, 2008
PAGE FOUR
Nature Study Area and suggested that that term be better
defined. Commissioner Kercheval stated that he does not
believe that these types of programs belong in
subdivisions. The Commissioners discussed whether the Weed
Control Ordinance could be reviewed in the future. It was
the consensus of the Commissioners to support staff’s
recommendation to enforce the Weed Ordinance on the Joyce
property and to have staff come back in the future with an
update to the Weed Control Ordinance to clarify any
ambiguities.
COUNTY ADMINISTRATOR’S COMMENTS
Greg Murray, County Administrator, commented on the live
video streaming of the Commissioners’ meeting that began
today. He stated he hopes to try to re-broadcast the
meetings at a later date. Mr. Murray informed the
Commissioners that Norman Bassett, Public Information
Officer, will no longer be writing the meeting summaries as
they now exist but will continue to publish news releases
and public notices. He reminded the Commissioners that the
County picnic is September 13 at Antietam Recreation. Mr.
Murray also reviewed some of the upcoming events for the
Commissioners.
RECESS – LUNCH AND “REMEMBRANCE IN THE PARK” MEMORIAL
CEREMONY
The Commissioners recessed at 11:33 a.m. for lunch and to
attend the “Remembrance In the Park” memorial ceremony to
honor fallen heroes who have made the ultimate sacrifice to
keep our community safe since September 11, 2001.
AFTERNOON SESSION
The afternoon session was called to order at 1:36 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.
FIRE & EMERGENCY SERVICES 911 CENTER RENOVATION
Joe Kroboth, Director of Public Works, and Gary Pozzouli,
Project Manager, appeared before the Commissioners to
request their approval of a change order in the amount of
$104,318.44 for the Fire & Emergency Services 911 Center
renovation project. Mr. Kroboth stated that the change is
for the purpose of adding additional electric power panels
and wiring to serve computer and electric equipment. The
meeting was then opened for questions.
Motion made by Commissioner Kercheval, seconded by
Aleshire, to approve a change order for the Fire &
Emergency Services 911 Center renovation project in the
amount of $104,318.44 to Palmer Construction for the
purpose of adding additional electric power panels and
wiring.
COMPENSATION RECLASSIFICATION POLICY
William Sonnik, III, Director of Human Resources, met with
the Commissioners to request that they approve the
Compensation Reclassification Policy. Mr. Sonnik stated
that the policy outlines the procedures for
reclassification on a regularly scheduled basis and
reviewed the proposal with them. Mr. Sonnik informed the
Commissioners that the words “no fewer than eight members”
should be added to Section IV. The meeting was then opened
for discussion and questions. Commissioner Wivell asked
that individuals outside of County government be included
on the Committee. He also suggested that the policy be
changed to read that final approval of the members be given
by the Board of County Commissioners instead of the County
Administrator. The Commissioners asked that language be
added to the policy to allow the inclusion of other members
as deemed appropriate. Mr. Sonnik recognized Carrie Aaron
for her work on the policy.
Motion made by Commissioner Kercheval, seconded by Baker,
to approve the Compensation Reclassification Policy PR-29,
to include the changes requested by the Commissioners.
Unanimously approved. (A copy of the adopted policy is
attached.)
SEPTEMBER 9, 2008
PAGE FIVE
APPROVAL TO FILL POSITION – PROCUREMENT SPECIALIST
Motion made by Commissioner Kercheval, seconded by
Aleshire, to advertise to fill the vacant Procurement
Specialist position (Grade 9) in the Purchasing Department.
Unanimously approved.
APPROVAL TO PURCHASE FLAG POLE FOR REMEMBRANCE AREA
Commissioner Barr informed the Commissioners that there are
four flagpoles needed to complete the remembrance area in
City Park. He asked if the Commissioners would consider
purchasing one for $800. Commissioner Barr suggested that
the City and veterans groups might fund the remaining three
poles needed.
Motion made by Commissioner Kercheval, seconded by Wivell,
to purchase a flagpole for the memorial at Hagerstown City
Park in the amount of $800 with funds to be taken from the
Commissioners Contingency Fund. Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Aleshire, seconded by
Kercheval, to convene in closed session at 2:09 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 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 Baker,
to reconvene in open session at 3:34 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;
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,
Terry 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; Carolyn Motz, Airport
Director; Brett Wilson, member of the Airport Advisory
Commission; Phil Ridenour, Airport Fire Chief; Joe Kuhna,
Real Property Administrator; Joe Kroboth, Director of
Public Works; and Rob Slocum, Deputy Director of Public
Works.
ADJOURNMENT
Motion made by Commissioner Aleshire, seconded by Wivell,
to adjourn at 3:34 p.m. Unanimously approved.
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County Administrator
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County Attorney
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County Clerk