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HomeMy WebLinkAbout081202 December 2, 2008 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:00 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 L. 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. APPROVAL OF MINUTES – NOVEMBER 18 & 19, 2008 Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the minutes of November 17 and 19, 2008, with corrections. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval reported on meetings of the Planning Commission and Local Management Board. He stated that he attended the People’s Choice Awards and the retirement reception for Bob Davenport, Director of Solid Waste Management, and thanked him for his years of service to the County. Commissioner Kercheval informed the Commissioners Governing that Magazine reports that the municipal cost index has historically been 4.5% and now has risen to 8.5%. Commissioner Wivell informed the Commissioners that he attended the Washington County Volunteer Fire & Rescue Association meeting held regarding internal issues with the Fairplay Volunteer Fire Company. He stated that he hopes the parties will work together for the good of the community. Commissioner Wivell reported that he attended the Municipal League meeting last month and that the focus was on the legislative agenda. The top three initiatives were to study the municipal revenue source, local government energy assistance programs, and vehicle speed monitoring systems. Commissioner Aleshire reported on the Commission on Aging meeting. He stated that he attended the meeting of the Keedysville Mayor and Council. Commissioner Aleshire said that he was disheartened that no action was taken by the Volunteer Fire and Rescue Association at its meeting regarding the Fairplay Volunteer Fire Company and stated that he hopes the various issues will be further discussed in order to come to a resolution. He stated that he received a copy of Volunteer Fire & Rescue Association bylaws to review. Commissioner Aleshire indicated that he feels the County has a responsibility to play an active role in this necessary public service. Commissioner Barr informed the Commissioners that he attended the Municipal League meeting and the Christmas tree lighting ceremony held by the City of Hagerstown. He thanked the Gossard family for their donation of the tree this Christmas season. Commissioner Barr reported on the Community Foundation Board meeting. He stated that he received a call from the Board of Elections Supervisor regarding the upcoming City of Hagerstown elections. Commissioner Barr indicated that the Election Board would like to utilize the same contract and monetary agreement with the City that was used in 2004 relating to the use of the Diebold voting machines and has asked for approval from the Commissioners. John Martirano, County Attorney, will contact the Board of Elections and review this matter to determine what role, if any, the County should play in this matter. LEASE ARRANGEMENT – AT&T SHARPSBURG WATER TANK Motion made by Commissioner Wivell, seconded by Aleshire, to approve a lease agreement with AT&T Mobile to allow the company to locate its equipment on the Sharpsburg water tank at a monthly rent of $1,995 with a three percent annual escalation clause for five (5) years with options for renewal for three (3) additional five (5) year terms. Unanimously approved. DECEMBER 2, 2009 PAGE TWO COURT HOUSE ANNEX ROOF REPLACEMENT CHANGE ORDER Joe Kroboth, Director of Public Works, and Gary Pozzouli, Project Manager, appeared before the Commissioners to discuss a change order request for the Courthouse Annex Roof Replacement Project. Mr. Kroboth explained that during the design phase, the Parks, Recreation & Facilities Department requested that a walkway be installed around the existing rooftop HVAC units, to improve the working conditions and accessibility for service and repairs. However, the request was received too late to incorporate into the contract. He stated that the change order for this item would be $27,140 in addition to the $30,000 allowance already in the contract. Mr. Kroboth noted that there are adequate funds in the project surplus to cover this item. The meeting was opened for questions and discussion regarding the request. Commissioner Kercheval expressed concerns that the project is too expensive and asked that another option be explored. Mr. Kroboth indicated that he could change the design specifications and bid it as a separate project. Commissioners Barr and Aleshire stated that they were in support of the Staff’s request and recommendation. The Commissioners were divided in their support for the request and directed Mr. Kroboth to explore other options for this project. DISCUSSION OF FAIRPLAY VOLUNTEER FIRE COMPANY ISSUES Kevin Lewis, Director of Fire & Emergency Services, met with the Commissioners to provide an update on a recent meeting held by the Washington County Volunteer Fire & Rescue Association (WCVFRA) relating to the current situation at the Fairplay Volunteer Fire Company. Mr. Lewis summarized the decisions made at the meeting regarding whether the Fairplay Fire Company had an adequate number of personnel to provide fire service and whether the Company would continue to be authorized to provide fire and emergency service in Washington County. He stated that the Association specifically voted as to whether the Association would to continue to recognize Fairplay Fire Company as a fire company in Washington County. With 25 departments in attendance, 16 voted in favor of the recommendation of the Executive Committee of the Fire and Rescue Association to no longer recognize Fairplay Fire Company as a company providing emergency service in Washington County, 8 departments voted against the recommendation of the Executive Committee and therefore to allow the Fairplay Volunteer Fire Company to continue to provide service, and one department abstained. It was determined that the WCVFRA did not have the 2/3 majority vote required to direct Fairplay Volunteer Fire Company to discontinue service in the County. Mr. Lewis reviewed the Association’s bylaws which require that companies have 10 active firefighters. He stated that he has been told that the Association’s Standards Committee has reviewed the list of firefighters submitted by the Fairplay Volunteer Fire Company and found that there are 10 active firefighters. The meeting was opened for questions from the Commissioners. Commissioner Kercheval stated that the County is responsible to provide fire service to County residents and that the County needs to make sure that the company’s response time is adequate. He also indicated that the County may need to intervene to assure that adequate coverage is provided. John Martirano, County Attorney, reviewed the pertinent sections of the Code of Public Local Laws which state that a person or association may not provide any formally organized fire or emergency services in Washington County unless the department is “incorporated, designated, approved and recognized by the Washington County Fire and Rescue Association, Inc. and the County Commissioners”. He also cited the Code of Public Local Laws relating to standards and requirements and stated that if the County determines that any company has failed to meet those standards or requirements set by the County Commissioners the Commissioners have the authority to direct the company to cease providing services in Washington County. Commissioner Wivell stated that he hopes that all parties will sit down at the table to work out their differences. Commissioner Aleshire indicated that the Commissioners need assurance of public safety and that it is incumbent upon the County to act to assure such safety. He suggested that a meeting be scheduled with the Association and the officers of the Fairplay Volunteer Fire Company as soon as possible. The Commissioners asked Mr. Lewis and County Administrator Greg Murray to meet with members of the DECEMBER 2, 2008 PAGE THREE Association and the Fairplay Volunteer Fire Company before next week’s meeting if possible to resolve the short-term issues and develop a game plan to resolve the other outstanding issues. CITIZENS’ PARTICIPATION Mark Kopp stated that he was one of the ousted firefighters from the Fairplay Volunteer Fire Company. He reviewed his history with the company and stated that he had never been disciplined, counseled, or accused of wrongdoing while he was a member. Mr. Kopp indicated that he was told that he was no longer wanted in the department. He stated that 17 volunteers either resigned or their memberships were not renewed in 2008. Mr. Kopp indicated that he believes the company does not now have the required number of active firefighters to adequately cover the area and feels that the County should address the issue. Robert Fraley informed the Commissioners that he was a firefighter and EMT with the Fairplay Volunteer Fire Company and did not renew his membership. He reviewed recent events that have occurred and stated that he is concerned with the 17% fail rate of the Fairplay Company. Mr. Fraley also cited concerns that the company does not respond to any emergency medical services calls other than for cardiac arrest. AGRICULTURAL PRESERVATION DISTRICTS Eric Seifarth, Rural Preservation Administrator, and Sarah Edelman, Land Preservation Planner, presented information on the history of the Agricultural Preservation District program. Mr. Seifarth explained that the Maryland Agricultural Land Preservation Program eliminated District Agreements in 2008 and is allowing counties to choose whether to continue with the five- and ten-year term programs or allow landowners to apply directly for easement sale. He stated that the Washington County Agricultural Land Preservation Advisory Board voted to continue with the ten-year District Agreements and maintain the tax credit program, as a way for landowners to show their commitment to agriculture while waiting for funding for an easement sale. Ms. Edelman provided information on the proposed ordinance creating County Agricultural Districts. The meeting was opened for questions from the Commissioners. Mr. Seifarth stated that a public hearing will be held on January 6, 2009, and a recommendation will be brought before the County Commissioners on January 13, 2009. COUNTY ATTORNEY ISSUES John Martirano, County Attorney, informed the Commissioners that the Maryland Association of Counties took the lead in discussions with the State regarding the Public Defenders Office and the panel attorney payment issue. He stated that he has been informed by the Maryland Association of Counties, Judge McDowell of the Circuit Court and representatives of the District Count that this issue has recently been resolved as the State has agreed to continue to pay for panel attorneys. Therefore, these costs will not be passed onto the counties. REPORTS FROM COUNTY STAFF Kevin Lewis, Director of Fire & Emergency Services, informed the Commissioners that he was notified that the County received a Maryland Institute of Emergency Medical Services Systems (MIEMSS) Emergency Medical Funding Dispatch Grant in the amount of $1,200 and requested approval to accept and execute the grant. Motion made by Commissioner Kercheval, seconded by Aleshire, to accept and execute a Maryland Institute of Emergency Medical Services Systems (MIEMSS) Emergency Medical Funding Dispatch Grant in the amount of $1,200. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Aleshire, to convene in closed session at 11:17 a.m. to discuss the appointment, employment, and/or assignment 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 discuss a matter DECEMBER 2, 2008 PAGE FOUR directly related to the contents of a bid or proposal as the discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process; 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 Kercheval, to reconvene in open session at 12:55 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, and/or assignment of appointees, employees, or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; considered the acquisition of real property for a public purpose and matters directly related thereto; discussed a matter directly related to the contents of a bid or proposal as the discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process; and consulted with counsel to obtain legal advice. 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; Joni Bittner, County Clerk; Andrew Wilkinson, Assistant County Attorney; Joe Kroboth, Director of Public Works; Gary Pozzouli, Project Manager; and Mary Baykan, Director of the Washington County Free Library. REAPPOINTMENT - PLUMBING BOARD Motion made by Commissioner Kercheval, seconded by Aleshire, to reappoint Roy Ebersole to the Washington County Plumbing Board for a three-year term. Unanimously approved. APPOINTMENT - COMMISSION ON AGING BOARD OF DIRECTORS Motion made by Commissioner Kercheval, seconded by Wivell, to appoint Dr. Peter Callas to the Commission on Aging Board of Directors for a three-year term. Unanimously approved. APPOINTMENT - ANIMAL CONTROL AUTHORITY Motion made by Commissioner Wivell, seconded by Kercheval, to appoint Amy Rounceville, Esq., to the Animal Control Authority to fill the unexpired term of Scott Schubel, Esq., which extends to March 31, 2010. Unanimously approved. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Aleshire, to adjourn at 12:57 p.m. ____________________________ County Administrator ____________________________ County Attorney ________________________ County Clerk