HomeMy WebLinkAbout090113
January 13, 2009
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 8:35
a.m. by President John F. Barr with the following members
present: Commissioners Kristin B. Aleshire, James F.
Kercheval, and William J. Wivell.
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 – JANUARY 6, 2009
Motion made by Commissioner Kercheval, seconded by
Aleshire, to approve the minutes of January 6, 2009.
Motion carried with Commissioners Kercheval, Aleshire and
Barr voting “AYE” and Commissioner Wivell “ABSTAINING.”
(Commissioner Baker arrived at 8:41 a.m.)
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Kercheval provided highlights of the Winter
Maryland Association of Counties (MACo) Conference and the
seminars he attended. He stated that a tribute was held in
honor of David Bliden, Executive Director of MACo, who is
retiring.
NACo News
Commissioner Aleshire cited an article in the
regarding an IRS proposal and the effect it could have on
capital projects. He reported on the Economic Development
Commission meeting. Commissioner Aleshire stated that he
received a letter from the Citizens for Preservation of
Pleasant Valley regarding a proposal to locate a cellular
tower in that area. He indicated that there seems to be
some confusion over what is being proposed and asked that
the Director of Public Works respond to the organization.
Commissioner Baker reported that the Recreation & Parks
Advisory Board heard presentations from several
municipalities regarding requests for Program Open Space
(POS) funds. He stated that he attended the Mayor and
Council meetings for the Towns of Clear Spring and
Williamsport. Commissioner Baker informed the
Commissioners that he received several telephone calls in
opposition to the alarm ordinance proposal as well as the
new tax assessments.
Commissioner Barr reported on the MACo Winter Conference
and the sessions he attended.
ADOPTION OF AGRICULTURAL PRESERVATION DISTRICTS
Eric Seifarth, Rural Preservation Administrator, and Sara
Edelman, Land Preservation Planner, met with the
Commissioners regarding whether to continue with the five
and ten year Agricultural District Programs. Mr. Seifarth
reviewed comments that were made at the public hearing held
on January 6, 2009. He stated that several changes were
made to the proposed Ordinance based on those comments.
Motion made by Commissioner Kercheval, seconded by Wivell,
to adopt an Ordinance for the Establishment of Agricultural
Preservation Districts with the revisions presented.
Unanimously approved.
Motion made by Commissioner Aleshire, seconded by
Kercheval, to approve the Regulations for the Establishment
of Agricultural Preservation Districts as presented.
Unanimously approved.
SECURITY SYSTEM FALSE ALARM ORDINANCE
Andrew Wilkinson, Assistant County Attorney, and Sheriff
Douglas Mullendore met with the Commissioners regarding the
revised ordinance regulating security system alarms.
Sheriff Mullendore stated that a public hearing was held on
September 11, 2007 and a presentation made to the Board on
September 25, 2007. At that time, the Board directed them
to meet with the City of Hagerstown to consider a mutual
ordinance for use in the joint emergency operations center.
Mr. Wilkinson stated that both Sheriff Mullendore and City
Police Chief Arthur Smith have reviewed
JANUARY 13, 2009
PAGE TWO
and updated the draft Ordinance. Sheriff Mullendore
outlined the changes made to the proposed Ordinance and
indicated that the Mayor and Council are expected to repeal
the City’s current ordinance and adopt the County
Ordinance. Sheriff Mullendore estimated that the total
wage cost to his Department for responding to false alarms
in 2006 was $96,000. He noted that out of 3,500 calls, one
percent was from actual criminal activity and one percent
was weather related. Chief Smith provided information on
the City of Hagerstown’s current system. The meeting was
opened for questions and discussion. Commissioners Wivell
and Baker indicated that they were opposed to establishing
a permit fee for alarm systems, but stated that they could
support instituting fines for repeat offenders. After
discussion, it was the consensus to schedule another public
hearing relating to the proposed ordinance and the proposed
fees and fines.
DISCUSSION OF COUNTY GOALS – CONTINUATION
County staff continued its update from last week on current
term goals and discussion of any possible new goals.
Washington County Community Partnership for Children &
Families (WCCP)
Stephanie Stone, Director of the WCCP, informed the
Commissioners that the goal to review and update its bylaws
has been completed. She stated that WCCP is working in
conjunction with the Teen Pregnancy Prevention Task Force
to develop a comprehensive strategy to reduce teen
pregnancy by a measurable goal but that this goal will
continue into next year. Ms. Stone reviewed the strategies
being pursued. She stated that WCCP is working with the
County purchasing requirements on bidding available grants
and initiatives.
Economic Development Commission (EDC)
Tim Troxell, Executive Director of the EDC, stated that the
goal to develop a refined policy to allow new developments
to proceed through the process in an expedient manner has
been accomplished. Mr. Troxell indicated that efforts have
begun to implement the goal to develop an action plan and
facilitate involvement of the EDC in key economic
development areas. Commissioner Aleshire suggested that
green initiatives be included in the goals.
Purchasing
Karen Luther, Purchasing Agent, informed the Commissioners
that the Purchasing Department now advertises bids on the
State’s E-Marketplace and provides information on the
County’s website. She stated that vendors are notified of
changes in the process online but that there are no plans
in the near future to use electronic bidding online.
Budget & Finance
John Martirano, County Attorney, indicated that he
researched the issue of bi-annual budgeting at the request
of Budget and Finance and has determined that the County
would need to seek specific legislative authority to change
Code of Public Local Laws
the in order to institute a bi-
annual budget process with alternating years for the CIP
and operating budgets.
Environmental Management
Julie Pippel, Director of the Division or Environmental
Management, stated that she is working with the Department
of Natural Resources on the goal to form a Local
Implementation Team to develop a local basin level
Tributaries Strategy Plan.
Solid Waste
Ms. Pippel stated that her department is proceeding to work
with several companies regarding the goal to develop a
comprehensive approach toward recycling and the reduction
of solid waste as well as evaluating possibilities for
methane extraction and use. She indicated that more
information will be available later this month and she will
report on it in the next 30-60 days.
Water Quality
Ms. Pippel informed the Commissioners that she is working
with the Planning Department on the goals to tie the County
Capacity Management
JANUARY 13, 2009
PAGE THREE
Plan into the Planning Department’s goals, preparing the
water/sewer component of the comprehensive plan in
conjunction with HB 1141 requirements, and supporting the
Planning Department in completing the Water and Sewer
Master Plan update.
The Commissioners agreed to continue the review of
departmental goals at next week’s meeting.
CITIZENS’ PARTICIPATION
Monda Sagalkin, representing the League of Women Voters,
asked the Commissioners to begin the process of adding
inclusionary zoning for workforce housing units.
Commissioner Kercheval stated that the rezoning of the
Urban Growth Area, currently underway, could significantly
impact the zoning densities and that any consideration of
an inclusionary zoning program would need to wait and be
incorporated into those changes.
Joan and Steve Tucker spoke in opposition to the False
Alarm Ordinance. Mrs. Tucker stated that they are not
against assessing fees for abuse, but are against paying a
permit fee for their alarm. Mr. Tucker responded to
statistics given by Sheriff Mullendore and stated that he
feels that the system is working fine without an additional
tax.
REPORTS FROM COUNTY STAFF
Julie Pippel provided an update on the Federal stimulus
packages and the funds targeted to water quality. Ms.
Pippel stated that it is the Maryland Department of the
Environment’s intention to follow the procedures now in
place for the State revolving loan funds to distribute the
monies. She reviewed the process and indicated that her
department would utilize the current plan and the priority
list. Joe Kroboth, Director of Public Works, reviewed the
three categories of priority projects. He provided the
Commissioners with a list of County projects that fall
within those categories. Mr. Kroboth noted that the County
has seven projects that meet all three categories. He
stated that he is still working with the municipalities to
obtain project lists. Mr. Kroboth asked for direction
regarding which projects the Commissioners would like to
submit. Commissioner Aleshire stated that the projects
that are submitted should be those that rank high on the
County’s priority ranking system as well.
Mr. Kroboth distributed a draft of the policy regarding the
disposal of surplus County property. He indicated that it
is listed as a 2009 operational goal for the Department of
Public Works. John Martirano, County Attorney, stated that
the County Commissioners should have input into the policy.
Mr. Kroboth stated that the contractor for the Funkstown
Bridge Project would be addressing “punch list” items this
evening to finalize the project and that traffic would be
flagged to allow the work to be completed.
DISTINGUISHED BUDGET PRESENTATION AWARDS PROGRAM
Commissioner Barr presented a Certificate of Merit to Debra
Murray, Director of Budget and Finance, in recognition of
having received the Distinguished Budget Presentation Award
from the Government Finance Officers Administration (GFOA)
for Fiscal Year 2009. He stated that this award is the
highest form of recognition in governmental budgeting and
represents the commitment of staff to meet the highest
standards. The Commissioners congratulated Ms. Murray on
this achievement. Ms. Murray thanked the Commissioners for
the Certificate and recognized her staff for its
assistance.
COMMUNITY FOUNDATION SCHOLARSHIP FUND
Gregory Murray, County Administrator, reviewed details of
the Community Foundation Scholarship Fund. Mr. Murray
noted that the previous Board of County Commissioners
provided $50,000 toward funding a County scholarship and
that details of the scholarship need to be formalized.
Brad Sell, Director of the Community Foundation, explained
that the actual scholarship awards will not be available
until 2011, when the Waltersdorf-Henson challenge is met.
However, the fundraising activities
JANUARY 13, 2009
PAGE FOUR
have been so successful that the Board decided to take
funds from those activities and make 10 scholarships
available for the spring semester.
The Commissioners agreed that the requirements of its
scholarship in the amount of $2,500 would include a grade
point average of at least 2.50 and a household income of
between $0-75,000. The Commissioners also stipulated that
the recipients must be a Washington County resident and/or
have graduated from a Washington County high school or
college and that community involvement would be considered.
Commissioner Aleshire suggested that it exclude anyone with
a criminal background. The Commissioners directed Staff
to review Commissioner Aleshire’s suggestion with the
Community Foundation and the University System of Maryland
to see if it is a permitted.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wivell, seconded by Kercheval,
to convene in closed session at 11:46 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 discuss public security as the public body
has determined that public discussion would constitute a
risk to the public or to public security; 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 2:15 p.m. Motion carried
with Commissioners Aleshire, Kercheval, and Barr voting
“AYE” and Commissioners Baker and Wivell voting “NO.”
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; discussed public security as the
public body has determined that public discussion would
constitute a risk to the public or to public security; 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; Joni Bittner, County Clerk; Joe Kroboth, Director
of Public Works; Carolyn Motz, Airport Director; Phil
Ridenour, Airport Fire Chief; Airport Advisory Commission
members Kent Oliver and Harry Reynolds; Federal Aviation
Administration representatives Tom Priscilla and Jennifer
Mendlesohn; Mahesh Kukata, Airport Design Consultants,
Inc.; Staci Quesenberry, representing the URS Corporation;
and Caleb Eby.
APPROVAL OF PMDC EXECUTIVE DIRECTOR
Motion made by Commissioner Aleshire, seconded by
Kercheval, to approve the PenMar Development Commission
(PMDC) Board’s proposal to appoint Doris Nipps as Executive
Director, as presented by its Executive Committee. Motion
carried with Commissioners Aleshire, Kercheval, and Barr
voting “AYE” and Commissioners Wivell and Baker voting
“NO.”
BOARD APPOINTMENTS – GAMING COMMISSION, BOARD OF SOCIAL
SERVICES AND DISABILITY ADVISORY COMMITTEE
Motion made by Commissioner Kercheval, seconded by Aleshire
to make the following appointments: 1) Gaming Commission –
to reappoint Judith Ferro for a two-year term; 2) Board of
Social Services – to appoint Bonnie Elgin to fill the
unexpired term of Roland Smith which extends to June 30,
2010; and 3) Disability Advisory Committee - to appoint
Forrest Easton, Patricia Ieraci, and William Vance for
three-year terms and to appoint Melinda Propst to fill the
unexpired term of Jennifer Maust which extends to July 31,
2011. Unanimously approved.
ADJOURNMENT
Motion made by Commissioner Aleshire, seconded by Baker, to
adjourn at 2:18 p.m.
JANUARY 13, 2009
PAGE FIVE
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County Administrator
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County Attorney
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County Clerk