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July 14, 2009
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 10:47
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 – June 23, 2009
Motion made by Commissioner Kercheval, seconded by
Aleshire, to approve the minutes of June 23, 2009.
Unanimously approved.
At this time, President Barr relinquished the chair to Vice
President Terry L. Baker.
APPOINTMENT - COUNTY CLERK
Commissioner Barr made a motion to appoint Vicki C. Lumm to
serve as the County Clerk for Washington County.
Commissioner Kercheval seconded the motion and it was
unanimously approved.
SWEARING-IN CEREMONY - COUNTY CLERK
Circuit Court Clerk Dennis J. Weaver came forward and asked
Vicki Lumm to sign the official Circuit Court Test Book.
He administered the oath of office and presented her with a
Certificate of Qualification, offering his congratulations.
Ms. Lumm thanked the Commissioners for the honor and for
the support and well wishes of her family, friends, and
fellow County employees.
Vice President Baker offered his congratulations and
returned the chair to President Barr.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Baker had no comments.
Commissioner Kercheval gave a “hats off” to the many events
th
held in Washington County during the July 4 weekend
including the annual Antietam National Battlefield “Salute
to Independence” celebration. He attended a meeting of the
1-81 coalition, and the Tri-County Council with Economic
Development Commission (EDC) Director Tim Troxell.
Commissioner Kercheval met with a large local employer
looking to change its operations to zero landfill using
energy measures such as solar and wind power. He also
congratulated Black Rock Golf Course for being awarded
4 1/2 stars out of 5 and being named the “Best Publicly
Owned Golf Course in Maryland” by Golf Digest magazine.
Commissioner Aleshire attended the Williamsport Mayor and
Council meeting, a “Friends of the Rural Heritage Museum”
meeting, and a function for Korean War Veterans held at the
Washington County Library. He also attended a meeting of
the EDC and a “Go Green” conference held in Frederick
County supported by Congressman Roscoe Bartlett.
Commissioner Aleshire stated that he was at a meeting of
the Greater Hagerstown Committee where Carolyn Motz gave a
presentation regarding the Hagerstown Regional Airport. He
was also present at the Solid Waste Advisory Board meeting
and the welcome luncheon for Miss Maryland contestants.
Commissioner Wivell had no comments.
PUBLIC HEARING – ACQUISITION OF REAL PROPERTY
A public hearing was convened at 11:02 a.m., in accordance
with Section 1-301(b) of the Code of the Public Local Laws
of Washington County Maryland, to allow interested persons
to testify concerning the proposed acquisition of two
parcels of land to be used for a public purpose:
approximately 0.39 acres and approximately 17.74 acres of
unimproved land, both located on the north side of Reiff’s
Church Road. Airport Manager Carolyn Motz informed the
Commissioners that the consideration to be paid is
$506,738.00, of which 2 1/2 percent will be expended from
the General Fund. She stated that the Federal Aviation
Administration (FAA) approved acquisition of the parcels on
May 28, 2009 and that a purchase price appraisal was
completed. Ms. Motz also confirmed that the owner would
like to lease the land back from the County following the
purchase.
President Barr opened the meeting for public comment.
Gerry Ditto, 14736 Ditto Road, Clear Spring, Maryland,
stated that he serves on the Urban Growth Area Advisory
Committee that will make recommendations to the
Commissioners in the near future. He voiced concerns
regarding the Airport’s authority over uses on neighboring
properties and requested a copy of any agreement/document
that the County may have signed with the FAA regarding the
property. There were no other public comments. The public
hearing was closed at 11:10 a.m.
County Attorney John Martirano explained that following the
required public hearing the Commissioners are free to take
action on this item now or at some future date as there is
no required waiting period.
Motion made by Commissioner Kercheval to approve the
purchase of the two parcels, which are needed for a public
purpose (the runway protection zone), for $506,738.00, with
The Federal Aviation Administration and the State of
Maryland funding 97.5%, and a portion (2 ½%) being expended
from the County’s General Fund. The motion was seconded by
Commissioner Aleshire and unanimously approved.
GRANT PROPOSALS – WASHINGTON COUNTY SHERIFF’S DEPARTMENT
Colonel Randy E. Wilkinson, and James Brown, Grants
Administrator, of the Sheriff’s Department, appeared before
the Commissioners to request acceptance of four grant
proposals, all of which are “no-match” grants:
1) RECOVERY ACT JAG PROGRAM
A $94,721.00 grant from the Department of Justice, Office
of Justice Programs – Bureau of Justice Assistance entitled
the “Recovery Act JAG Program.” Funds will be used to
purchase various law enforcement equipment required for
proper completion of law enforcement functions. The total
grant will be expended over the next three budget years at
the approximate rate of $25,000 per year throughout the
life of the grant, with a portion of the funding being used
to pay for any unforeseen and unusual expenses that may
occur.
2) SEX OFFENDER COMPLIANCE AND ENFORCEMENT IN MARYLAND
A $26,649.00 (ongoing) grant from the Governor’s Office of
Crime Control & Prevention – “Sex Offender Compliance and
Enforcement in Maryland – Monitoring Support/Training.”
This program tracks compliance of local sex offenders who
are required to register/re-register with the Maryland Sex
Offender Registry. Grant funds will provide training costs
and salary/benefits for two part-time employees who
register and physically check on the 187 registered
offenders living and working in Washington County. In
answer to President Barr’s question regarding
discontinuation of funding in the future, Colonel Wilkinson
stated that if this were to occur that he would most likely
return to the Commissioners to request County funding for a
position.
3) DOMESTIC VIOLENCE ORDER ENTRY/SERVICE
A $3,436.00 (ongoing) grant from the Governor’s Office of
Crime Control & Prevention – “Domestic Violence Order
Entry/Service.” The project maintains a database for
reporting purposes and provides overtime support for timely
entry and service of Protective Orders. Colonel Wilkinson
informed the Commissioners that the amount has been reduced
over several years.
4) OVERTIME PATROLS - SCHOOL BUS SAFETY ENFORCEMENT
A $13,000 (ongoing) grant from the Governor’s Office of
Crime Control & Prevention – “Overtime Patrols” – School
Bus Safety Enforcement. The grant will support overtime
for deputies who are assigned specific school areas and
school buses to ensure safety enforcement of laws and to
monitor “hot spot” problem areas.
Motion made by Commissioner Kercheval, seconded by Baker,
to approve the acceptance of the four grants to the
Sheriff’s Department as presented, with no local match
being required. Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS (cont.)
Commission President Barr reported that he also attended
the luncheon for the Miss Maryland contestants, and the
changing of the guard at the Maryland Correctional
Institute (MCI) with Delegate Andrew Serafini. He viewed
the Fort Ritchie Mountain Heritage Days fireworks display.
Mr. Barr informed the Commissioners that he, Senator Donald
Munson, Colonel South Lynn, and Tom Riford, attended the
unveiling of a marker and trail designation at the Kennedy
Farm (known as the John Brown House.)
Commissioner Baker asked Commissioner Barr to request
thoughts and prayers for Washington County School Board
member Paul Bailey on the passing of his close friend,
Marge Gossard.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Kercheval, seconded by Baker,
to convene in closed session at 11:25 a.m. to discuss the
appointment, employment, assignment, promotion, discipline,
demotion, compensation, removal, resignation, or
performance evaluation of appointees, employees, or
officials over whom it has jurisdiction; to discuss
personnel matters that affect one or more specific
individuals; to consider a matter that concerns the
proposal for a business or industrial organization to
locate, expand, or remain in the State; to consider the
acquisition of real property for a public purpose and
matters directly related thereto; 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.
Motion carried with Commissioners Baker, Kercheval, and
Wivell voting “AYE” and Commissioner Aleshire voting “NO.”
In closed session, the Commissioners discussed the
appointment, employment, assignment, promotion, discipline,
demotion, compensation, removal, resignation, performance
evaluation of appointees, employees, or officials over whom
it has jurisdiction; discussed personnel matters that
affected one or more specific individuals; considered a
matter that concerns the proposal for a business or
industrial organization to locate, expand, or remain in the
State; considered the acquisition of real property for a
public purpose and matters directly related thereto; 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; Vicki Lumm, County Clerk; William J.
Sonnik, Human Resources Director; Brian Overcash, Safety
Administrator; Brien Poffenberger, Carolyn Motz, Airport
Director; and Rob Ferree, Deputy Director of the Economic
Development Commission.
RECESS
The Commissioners recessed for lunch at 12:45 p.m.
(President John Barr was absent for the afternoon session
to attend a ceremonial event at Kaplan University.)
RECONVENE IN REGULAR SESSION
Vice President Terry Baker called the meeting to order at
2:18 p.m.
LOCAL ECONOMIC BOOST DISCUSSION
Rob Ferree, EDC Deputy Director, presented revised program
definitions to the Commissioners for the proposed
Washington County Employment Boost Program, which is
designed to stimulate economic activity and generate short
and long-term job growth. Discussion centered on the
incentives of a special accelerated County review and
approval process, a three (3) year payment program for
excise taxes and sewer connection fees, and additional
financial incentives based on job creation. Commissioner
Wivell voiced concerns that the program may not have a
large enough impact as intended and Commissioner Baker
agreed. Commissioners Aleshire and Kercheval voiced
support for an accelerated County review and approval
process, a five (5) year payment program for excise taxes,
and financial incentives based on job creation and wage
rates. County Attorney John Martirano stated that once the
Commissioners have made a determination as to the details
of the program, his office would draft a resolution and
present it to the Commissioners for approval. After
discussion, the Commissioners were unable to reach a
consensus on the details of the program so the issue may be
brought back for further discussion at a future meeting.
GRANT PROPOSAL - MARYLAND ENERGY ADMINISTRATION
Julie Pippel, Director of Environmental Management, brought
forth a $15,000 grant proposal from the Maryland Energy
Administration (MEA) to perform energy efficiency building
analysis. She is proposing that it be used for the
Environmental Management Administration building at Elliott
Parkway, and the control building and maintenance buildings
at that facility. It is a “no match” grant and would help
the department plan for more efficient energy use in the
future.
Motion made by Commissioner Wivell, seconded by Aleshire to
accept the “no match” $15,000 MEA grant to perform energy
efficient building analysis of the Environmental Management
Administration building at Elliott Parkway, and the control
building and maintenance buildings at that facility.
Unanimously approved.
GRANT PROPOSAL- MARYLAND DEPARTMENT OF THE ENVIRONMENT
Harvey Hoch, Recycling Coordinator, Division of Solid
Waste, requested approval of a grant up to $40,500 from the
Maryland Department of the Environment (MDE) to help cover
the difference between the previous contract for
electronics recycling with E-Cycling at the rate of $0.05
cents per pound and the new contract with UNICOR at the
rate of $0.18 per pound. Mr. Hoch stated that there were
202,400 pounds of electronics recycled in 2008 and the
current amount in 2009 is at 131,640 pounds.
Motion made by Commissioner Wivell, seconded by Aleshire to
accept the grant of up to $40,500 from MDE for the stated
purposes. Unanimously approved.
WASHINGTON COUNTY REDUCE, REUSE AND RECYCLE AWARD
Cliff Engle, Deputy Director, Division of Environmental
Management – Department of Solid Waste, appeared before the
Commissioners to request approval for an annual award to be
given for outstanding Reduce, Reuse and Recycling efforts
in Washington County. The Washington County Solid Waste
Advisory Committee (SWAC) proposed the award to publicly
acknowledge outstanding local community efforts. The
award, in the form of a plaque, would be given annually in
April with the following categories: 1) Small Business -
less than 50 employees; 2) Large Business - more than 50
employees; 3) Residents - individuals or families; 4)
Schools, civic organizations, clubs, non-profits or other
formal groups; and 5) Municipalities or other geographic
designation, such as a neighborhood. Applications would be
reviewed by the SWAC and the list of winners would be
submitted to the Commissioners for approval, modification
or rejection. The Commissioners discussed details of the
proposal including additional or alternative incentives or
awards.
Motion made by Commissioner Aleshire, seconded by Wivell to
approve the proposal for a “Washington County Reduce,
Reuse, Recycle Award” as presented, but to also develop
additional award incentives. Unanimously approved.
HIRING OF DEPUTY DIRECTOR – DEPARTMENT OF WATER QUALITY
Motion made by Commissioner Kercheval, seconded by
Aleshire, to hire Greg Spaulding as the Deputy Director of
the Department of Water Quality at an annual salary of
$71,304 (Grade 17, Step 6) to fill an existing vacancy.
Unanimously approved.
WASHINGTON COUNTY WATER & SEWERAGE PLAN DRAFT 2006 UPDATE
Tim Lung, Chief Planner, Planning & Community Development,
and Julie Pippel, Director, Division of Environmental
Management, informed the Commissioners that the draft 2006
Water and Sewerage Plan update is complete, although House
Bill 1141 mandates another update soon after this. The
last comprehensive update was in 1994. A thirty-day
preliminary review period has been provided to MDE and its
formal review will occur following adoption of the Plan by
the Commissioners. The Staff’s recommendation is to hold a
public hearing to receive public comment followed by
adoption of the Plan. Mr. Lung is recommending a 30-day
lead-time that would be around mid August 2009.
It was the consensus of the Commissioners to schedule a
Public Hearing for late August or early September 2009 as
recommended by Staff.
REPORTS FROM COUNTY STAFF
William Sonnik, Human Resources Director, requested
permission to advertise to fill a vacancy in the Highway
Department for a full-time Maintenance Equipment Operator
(MEO II, Grade 7) position. He also requested authority to
advertise to fill six vacant full-time positions for
Emergency Communication Specialists in the newly
consolidated 911 Center. Two openings are due to
resignations of Hagerstown City personnel not moving over
to the Center and the other four are newly-authorized
positions in the budget for staffing the new Center.
Motion made by Commissioner Wivell, seconded by Aleshire to
approve advertising to fill the positions requested by Mr.
Sonnik. Unanimously approved.
BUDGET TRANSFER REQUEST – DEPARTMENT OF EMERGENCY SERVICES
Kevin Lewis, Director of Emergency Services, requested a
$30,000 budget transfer adjustment for computer software
equipment for fire and rescue operations. Due to the delay
in moving the 911 Communications Center this amount would
transfer from the 2009 budget to the 2010 budget for
implementation of TeleStaff software.
Motion made by Commissioner Kercheval, seconded by Aleshire
to approve the budget transfer as proposed. Unanimously
approved.
ADJOURNMENT
Motion made by Commissioner Wivell, seconded by Kercheval,
to adjourn at 3:18 p.m. to attend a ribbon-cutting ceremony
for the second museum building at the Rural Heritage
Museum.
____________________________
County Administrator
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County Attorney
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County Clerk