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April 28, 2009
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 8:30 a.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.
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 – APRIL 21, 2009
Motion made by Commissioner Kercheval, seconded by Aleshire, to
approve the minutes of April 21, 2009, as revised. Unanimously
approved.
PROCLAMATION – NATIONAL CRIME VICTIMS’ RIGHTS WEEK
Commissioner Barr presented a proclamation to employees
representing the Victims’ Rights Unit of the State’s Attorney’s
Office, designating the week of April 26–May 2, 2009, as
National Crime Victims’ Rights Week and asking all citizens to
join forces with victim service programs, criminal justice
officials, and concerned citizens to raise awareness of this
observance. Jill Ritter, Victims Rights Coordinator, thanked
the Commissioners for the proclamation and informed them of
activities planned to observe National Crime Victims’ Rights
Week.
INTRODUCTION OF NEW EMPLOYEES
William Sonnik, Human Resources Director, introduced new County
employees Dawn Noonan and Mary Wilson (Sheriff’s Department).
The Commissioners welcomed the new employees and wished them
well in their new positions.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Kercheval stated that he attended the “Take Flight”
event to unveil the butterfly sculptures, which raised funds for
the Barbara Ingram School for the Arts Foundation. He informed
the Commissioners that he participated in interviewing
candidates for the Maryland Theatre Executive Director position.
Commissioner Kercheval indicated that he provided comments on
the Brumbaugh-Kendle-Grove farmstead to the FAA at its recent
meeting regarding the proposed Memorandum of Agreement and
provided a summary of the comments.
Commissioner Aleshire informed the Commissioners that he
attended the Master Gardener plant sale at the Agricultural
Education Center and met with Airport staff regarding the
Aircraft Maintenance Technician program. He remarked that he
would like to have more details on the scope of the Library’s
“Plan B” expansion plan and the City’s contribution to the
project. Commissioner Aleshire stated that he received a letter
from the Boonsboro Athletic Boosters seeking financial
assistance in meeting its share of the match for site
preparation for construction of a new locker room structure at
the athletic fields.
Commissioner Barr stated that he attended the Museum of Fine
Arts Board meeting and the Teacher of the Year Awards. He asked
the Commissioners to notify him of their availability to attend
several events that are scheduled when he will be out of town.
Greg Murray, County Administrator, stated that the unveiling of
the butterfly sculptures generated interest in the downtown
area, and he commended the County employees who helped with the
event. In response to Commissioner Aleshire’s comments
regarding Plan B, Mr. Murray stated that the Library provided
its architect with the footprint of the site and asked for its
recommendations.
PUBLIC HEARING - AGRICULTURAL LAND PRESERVATION DISTRICT
APPLICATIONS
The Commissioners convened a public hearing at 9:04 a.m. to
consider applications AD-08-005, AD-08-007, AD-08-013, AD-08-
002, AD-08-003, AD-08-011, AD-08-006, AD-08-004, and AD-06-011
for ten-year agricultural preservation districts. Eric
Seifarth, Rural Preservation Administrator, provided background
information regarding the program. Sara Edelman, Land
Preservation Planner, reviewed each of the applications for
APRIL 28, 2009
PAGE TWO
consideration. Mr. Seifarth noted that the Agricultural Land
Preservation Advisory Board has approved the applications and
the Planning Commission has found that granting the applications
would be consistent with the Comprehensive Plan. The meeting
was opened for questions from the Commissioners. Commissioner
Barr opened the hearing for public comment. Alice and Per Olaf
Bachman spoke in support of their application in an effort to
preserve the property from future development. Dwight Miller
had questions regarding application AD-06-011, which is adjacent
to his property. The hearing was closed at 9:20 a.m.
Motion made by Commissioner Aleshire, seconded by Wivell, to
approve applications AD-08-005 (submitted by Hopkins Revocable
Trust), AD-08-007 (submitted by Robert Jennings Smith, John
Howard Smith, and Donald Page Smith), AD-08-013 (submitted by
Rodney & Mariann Saloom), AD-08-003 (submitted by Alice
Bachman), AD-08-011 (submitted by Donald Beard), AD-08-006
(submitted by Brian and Terri Baker), AD-08-004 (submitted by
Thomas and Mary Holder and Jeffery and Krista Payne), and AD-06-
011 (submitted by Antietam Farm), as corrected, for 10-year
agricultural land preservation districts and to approve the
corresponding agreements as presented by Staff. Unanimously
approved.
GENERAL BUDGET DISCUSSIONS
Debra Murray, Director of Finance, and Kim Edlund, Assistant
Director, met with the Commissioners to review the second draft
of the FY 2010 budget. Ms. Murray provided a comparison of the
FY 2010 budget with the current FY 2009 budget. She stated that
the total increase in the operating budget for FY 2010 is .75%
compared to FY 2009 and the capital budget shows a 6% increase,
for an overall 2.1% increase over FY 2009.
Ms. Murray summarized the reductions from the State government,
which total $5.4 million on the surface for fiscal years 2010
and 2011. She stated that the per diem monies that the
Sheriff’s Department receives for State prisoners has been cut
in FY 2010 but is scheduled to be partially reinstated in FY
2011. Ms. Murray also noted that the money provided for State
Park fees has been eliminated, and Highway User Revenues show a
two-year reduction of $4.3 million overall. The meeting was
opened for discussion with the Commissioners. Ms. Murray
indicated that the County was prepared for the downturn in the
economy and is not in the position that many other counties are
currently in.
The Commissioners reviewed the Library’s request and the staff’s
recommendation to reduce the increase to three percent to
correspond to its recommendation for other outside agencies.
After discussion, the Commissioners agreed to fund the two
positions requested at the Boonsboro branch library for the full
year and the 3% salary increase for an additional $110,000 to
take to public hearing.
The Commissioners discussed proposed salary increases for County
personnel. Greg Murray, County Administrator, spoke in support
of providing a three percent cost-of-living adjustment with no
step increases and provided justification for his proposal. No
decision was made at this time. Ms. Murray asked that the
Commissioners make a decision as soon as possible as this will
initiate several changes that would have to be made to the
budget.
The Commissioners reviewed the budget request for Animal Control
and the revisions made by County staff. Mr. Murray reviewed the
specifications in the agreement with the Humane Society. After
discussion, the Commissioners agreed to fund the Humane Society
at the same amount as in FY 2009.
CITIZENS’ PARTICIPATION
Tom Janus asked that the Commissioners consider the Army Reserve
Center and Fairgrounds Park as locations for a senior center.
He stated that the demographics call for larger facility than
Richardsons for future needs.
APRIL 28, 2009
PAGE THREE
Louise Dawson stated that she is in support of a senior center
but is opposed to entering into a 15-year lease with a private
entity. She suggested that the County continue to rent the
Girls, Inc. facility on a month-to-month basis until a site is
selected.
Polly Wetzel, Ronald Spoonire, Marvin Sampson, and Eve McGrory
spoke in support of the Richardson’s location for a new senior
center.
Mike Fotta, owner of Governor’s Landing, stated that he is
interested in renting the Richardson’s site to expand his
current restaurant.
Ed Brandthaver, Chair of the Commission on Aging Advisory
Council, stated that the seniors want a decision from the
Commissioners regarding a new senior center.
APPOINTMENT – EMERGENCY SERVICES ADVISORY COUNCIL
Motion made by Commissioner Wivell, seconded by Kercheval, to
appoint Michael Wasiljov to the Emergency Services Advisory
Council as a citizen-at-large representative for a one-year
term. Unanimously approved
APPOINTMENT – AGRICULTURAL LAND PRESERVATION ADVISORY BOARD
Motion made by Commissioner Wivell, seconded by Kercheval, to
appoint Matt Harsh to the Agricultural Land Preservation
Advisory Board for a five-year term. Unanimously approved.
APPOINTMENTS - AGRICULTURAL EDUCATION CENTER BOARD OF DIRECTORS
Motion made by Commissioner Kercheval, seconded by Aleshire, to
appoint Daniel Massey, Phil Mertz and Donna Schmidt to the Board
of Directors of the Agricultural Education Center for three-year
terms. Unanimously approved.
REAPPOINTMENT – RECREATION & PARKS ADVISORY BOARD
Motion made by Commissioner Wivell, seconded by Baker, to waive
the two-term limit policy and reappoint Deborah Murphy to the
Recreation & Parks Advisory Board for a three-year term. Motion
carried with Commissioners Wivell, Baker, Kercheval, and Barr
voting “AYE” and Commissioner Aleshire voting “NO.”
GRANT ACCEPTANCE – MARYLAND INSTITUTE OF EMERGENCY MEDICAL
SERVICES SYSTEMS BIO-TERRORISM PREPAREDNESS GRANT
Motion made by Commissioner Aleshire, seconded by Kercheval, to
accept a Bio-Terrorism Preparedness Grant in the amount of
$37,200 from the Maryland Institute of Emergency Medical
Services Systems (MIEMSS) to the Division of Fire & Emergency
Services for the purchase of mobile data computers and
associated hardware. Unanimously approved.
COUNTY ADMINISTRATOR’S COMMENTS
Greg Murray, County Administrator, stated that the financial
information requested from the Community Free Clinic was
received in the past week. The Commissioners discussed the
information with Michael Stanford, President of the Community
Free Clinic Board of Directors. Commissioner Aleshire stated
that he would support the County donating $60,000, if the City
and Free Clinic would contribute the same amount. After
discussion, Mr. Stanford stated that he would request that his
organization’s treasurer meet with the Commissioners to better
answer questions regarding the budget.
CERTIFICATES OF MERIT – GIS CERTIFICATION INSTITUTE
Commissioner Barr presented Certificates of Merit to John “Bud”
Gudmundson, Sarah Kozal, and Jennifer Kinzer, for earning
certification from the GIS Certification Institute (GISCI) as
Certified Geographic Information Systems Professionals. The
GISCI provides recognition of a GIS professional’s
accomplishments in the field to include ethics, professional
development, and education. The Commissioners recognized the
employees for hard work and initiative in seeking this
certification.
AUTHORIZING RESOLUTION - PUBLIC IMPROVEMENT & REFUNDING BONDS OF
2009
Lindsey Radar, Bond Counsel, appeared before the Commissioners
to review a resolution to issue and sell $22,400,000 in Public
Improvement and
APRIL 28, 2009
PAGE FOUR
Refunding Bonds. Ms. Radar reviewed the changes made in the
bond package and reviewed the projects for which the bond funds
would be used. She stated that the refunding of the 1999 bonds
is in the amount of $5,770,000 and noted that this is subject to
adjustment based on market conditions. Ms. Radar stated that
the Public Improvement Bonds would be used to fund a portion of
the projected cost of environmental, infrastructure, public
safety, public facilities improvement projects, and issuance
costs are in the amount of $16,630,000. The meeting was opened
for questions. Lester Guthorn, Financial Advisor, informed the
Commissioners that the rating agencies indicated in a recent
teleconference with the County that they have no issues with the
County and that they felt that the prudence displayed by the
County in financial matters has been exemplary.
Motion made by Commissioner Kercheval, seconded by Aleshire, to
approve the resolution authorizing and empowering the County
Commissioners of Washington County to issue and sell at public
sale, upon its full faith and credit, its General Obligation
Serial Maturity Bonds in the aggregate principal amount of
$22,400,000 to be known as “Washington County, Maryland, Public
Improvement and Refunding Bonds of 2009” pursuant to the
provisions of Chapter 205 of the Laws of Maryland of 2004, as
amended, for the public purpose of financing the cost of general
public improvements in Washington County. Unanimously approved.
(A copy of the approved Resolution RS-09-006 is located in the
County Commissioners’ Office.)
CONTRACT RENEWAL – JANITORIAL SERVICES FOR WASHINGTON COUNTY
OFFICE BUILDINGS
Motion made by Commissioner Kercheval, seconded by Aleshire, to
renew the contract for janitorial services at Locations No. 5
and 6 (Extension Services Office, Rural Heritage Museum Office,
and Solid Waste Department Buildings) with Superior Cleaning
Systems, Inc., based on its March 27, 2009 letter requesting a
three (3%) percent increase for Fiscal Year 2010 for a total
annual price of $10,660.50 for Location No. 5 and $4,120 for
Local No. 6. Unanimously approved.
RECESS – LUNCH AND BUDGET PRESENTATION - HAGERSTOWN COMMUNITY
COLLEGE
The Commissioners recessed at 11:36 a.m. in order to attend a
luncheon and presentation of the FY 2010 budget with the Board
of Trustees of Hagerstown Community College.
MEETING WITH BOARD OF TRUSTEES – HAGERSTOWN COMMUNITY COLLEGE
The Commissioners met with the Board of Trustees of Hagerstown
Community College (HCC) and Dr. Guy Altieri, President of HCC,
to provide an overview of the budget, the budgeting process, and
the funding breakdown between the State and County. HCC is
requesting $9,045,010 from Washington County in FY 2010. The
Trustees also reviewed HCC’s Capital Improvement Program (CIP)
budget requests.
AFTERNOON SESSION
The afternoon session was called to order at 2:08 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.
WASHINGTON COUNTY HISTORY WEEK AND MUSEUM RAMBLE
Bill Knode, President of the Washington County Association of
Museums and historical Sites, Tom Riford, Executive Director of
the Convention & Visitors Bureau, and James Neville, Executive
Director of the Washington County Historical Society and Miller
House Museum, appeared before the Commissioners to provide
information about the Fourth Annual Museum Ramble, which is
being held on May 2-3, 2009. Mr. Riford stated that the ramble
is a special self-guided tour of the many museums throughout
Washington County. He distributed brochures on the event and
the museums that would be featured and informed the
Commissioners that the ramble would start at the Visitors
Welcome Center. Mr. Riford presented the Commissioners with the
Museums & Historical Sites Guide highlighting all of the museums
in Washington County.
APRIL 28, 2009
PAGE FIVE
Commissioner Barr presented a proclamation to Mr. Neville, Mr.
Knode, and Mr. Riford in celebration of Washington County
History Week April 27–May 3, 2009, recognizing the efforts of
the Association of Museums and Historic Sites and in celebration
of the Sixth Annual Museum Ramble to promote these sites in
Washington County.
Commissioner Barr presented a proclamation to “Captain” South
Lynn who purchased and restored the Kennedy Farm House, which
served as the residence for John Brown and his army of
abolitionists. The house was used as a staging area for his
raid on Harpers Ferry. The Commissioners recognized him for a
lifetime of service to the citizens of Washington County and the
.
United States
GENERAL BUDGET DISCUSSIONS
The Commissioners resumed budget discussions. The FY 2010
budget request for Hagerstown Community College (HCC) was
reviewed for a 4% increase and the staff’s recommendation to
reduce it to 3% over the existing budget. After discussion, it
was the consensus of the Commissioners to place 4% in the budget
for the public hearing.
Also discussed was the FY 2010 budget request made by the
Washington County Volunteer Fire & Rescue Association. The
Commissioners agreed to include $40,000 for the AED
purchase/monitoring program and $81,000 for the three
substations as a placeholder in the budget until additional
information is received. It was also the consensus to fund the
rehab unit or $100,000 as one-time funding. The Commissioners
agreed to remove the positions for Phase II funding from the FY
2010 budget to use for these one-time costs.
The Commissioners discussed capital requests. Ms. Murray stated
that the Maryland Theater has requested $175,000 for roof
replacement and the Town of Williamsport has requested $30,000
for an upgrade to the HVAC system at the branch library. It was
the consensus to fund these projects using the FY 2009 hotel
rental tax funds. It was indicated that the Williamsport
project would have to be put out for bid.
The Commissioners discussed the recently received Senior Center
proposal relating to the Richardson’s site. Brad Fulton, owner
of the Richardson’s site, and Jason Divelbiss, attorney for the
Owner, were in attendance to answer any questions the
Commissioners might have regarding the Owner’s proposal and the
property. Greg Murray, County Administrator, reviewed the
Owner’s proposal. He stated that the basic terms of the proposal
are a five-year initial lease term with two five year extensions
for a total of 15 years with buy-out provisions beginning in
year 5. The Commissioners generally discussed the proposal and
agreed to continue discussions of the various legal issues
relating to the Owner’s proposal with the County Attorney in
closed session.
It was the consensus of the Commissioners to approve the
advertising (as is required by the Annotated Code of Maryland)
of the public hearing relating to the Commissioners intent to
adopt a tax rate, which is above the constant yield tax rate.
UPDATE OF SOLID WASTE INITIATIVES
Julie Pippel, Director of the Division of Environmental
Management; Cliff Engle, Deputy Director of Solid Waste; and
Harvey Hoch, Recycling Coordinator, met with the Commissioners
to provide an update on initiatives for the Solid Waste
Department. Mr. Engle stated that his department is proposing
the following initiatives: 1) Purchase a Tarp Deployment
Systems model TDS 30 from Mercer Motor Works for $29,635 to
piggyback onto a Carroll County Government contract. 2) Enter
into an agreement with Valley Protein to recycle kitchen
oil/grease at no cost to the County. 3) Purchase equipment to
begin a Styrofoam recycling center. 4) Approve entering into an
Agreement with UNICOR for the recycling of electronics. 5)
Enter into an Agreement with Maryland Environmental Service for
a Household Hazardous Waste Day. The details of each of the
proposed options were reviewed with the Commissioners.
Commissioner Kercheval noted that he supported the styrofoam
recycling initiative but
APRIL 28, 2009
PAGE SIX
needed to see examples where the product was successfully used
at landfill operations before supporting the purchase of
equipment.
Motion made by Commissioner Wivell, seconded by Kercheval, to
proceed with the proposal to purchase a Tarp Deployment Systems
model TDS 30 and to piggyback onto a Carroll County Government
contract for the purchase from Mercer Motor Works for $29,635.
Unanimously approved.
Mr. Engle outlined a proposed pilot project to recycle kitchen
oil and grease using the Forty West Landfill as a drop-off site.
He stated that Valley Protein has agreed to place a container at
the Landfill for collection. Mr. Engle stated that this would
be at no cost to the County. Commissioner Wivell asked that the
department consider expanding the program to include the
transfer stations.
Motion made by Commissioner Kercheval, seconded by Aleshire, to
authorize the County Attorney’s Office and Water Quality Staff
to negotiate and finalize an agreement with Valley Protein for
the collection of used vegetable oils and grease at the Forty
West Landfill and request that Valley Protein expand the program
to the transfer stations as quickly as is feasible. Unanimously
approved.
Motion made by Commissioner Aleshire, seconded by Wivell to
proceed to purchase machinery needed to initiate the proposed
Styrofoam recycling program, as outlined by staff. Motion
carried with Commissioners Aleshire, Wivell, Baker and Barr
voting “AYE” and Commissioner Kercheval voting “NO.”
Motion made by Commissioner Aleshire, seconded by Kercheval, to
enter into an Intergovernmental Agreement with the Maryland
Environmental Service for a Household Hazardous Waste Day to be
held on June 6, 2009, as proposed. Unanimously approved.
Mr. Hoch reviewed a proposed electronics recycling program. He
provided a history of the program at the landfill and asked that
the Commissioners enter into an agreement with UNICOR at
$.18/pound for televisions and CRTs, and computers for free. He
stated that the County would stipulate that it will not be
responsible for assuring that all information has been removed
from hard drives.
Motion made by Commissioner Kercheval, seconded by Wivell, to
authorize the County Attorney’s Office to negotiate and finalize
an agreement with UNICOR at $.18/pound relating to a monthly
electronics recycling program. Unanimously approved.
PRESENTATION – CURTIS ENGINE
Tom Koch, representing Curtis Engine, met with the Commissioners
to provide a proposal to convert methane gas into electricity at
the Forty West Landfill. Mr. Koch explained that his company
would provide a two-phase approach. Phase One would be the
collection and flaring of the gas to collect carbon credits.
Phase two would utilize the gas to generate electricity. Mr.
Koch stated that 10% of the carbon credits would be returned to
the County. After repayment of documented costs, Curtis Engine
would pay the County 25% of carbon credits. The Commissioners
discussed the gas rights agreement and the license that are
necessary to use the property for the initiative. Commissioner
Kercheval noted that he supported the reuse of methane, but did
not feel he had enough comparative information to support a
long-term commitment with this vendor at this time.
Motion made by Commissioner Wivell, seconded by Baker, to
authorize County staff to proceed to develop the proposal made
by Curtis Engine to convert methane gas into electricity at the
Forty West Landfill and to negotiate and finalize an agreement
relating to this project. Motion carried with Commissioners
Wivell, Baker, Aleshire, and Barr voting “AYE” and Commissioner
Kercheval voting “NO.”
APRIL 28, 2009
PAGE SEVEN
PROCLAMATION – CHRISTOPHER LEWIS DAY
Commissioner Barr read a proclamation that will be presented to
Christopher Lewis designating April 30, 2009 as “Christopher
th
Lewis Day” in Washington County in honor of his 9 birthday and
recognizing his brave fight against a cancerous brain tumor.
The proclamation honored him for spreading good cheer in the
midst of his fight.
CONVENE IN CLOSED SESSON
Motion made by Commissioner Kercheval, seconded by Baker, to
convene in closed session at 5:22 p.m. to discuss the
appointment, employment, assignment, and/or performance
evaluation of appointees, employees, or officials over whom it
has jurisdiction; to discuss personnel matters that affect one
or more specific individuals; 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 5:43 p.m. Unanimously approved.
In closed session, the Commissioners discussed the appointment,
employment, assignment, and/or performance evaluation of
appointees, employees, or officials over whom it has
jurisdiction; discussed personnel matters that affect one or
more specific individuals; 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;
and Joni Bittner, County Clerk.
ADJOURNMENT
Motion made by Commissioner Wivell, seconded by Kercheval, to
adjourn at 5:43 p.m.
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County Administrator
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County Attorney
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County Clerk