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September 14, 2009
Hagerstown, Maryland
JOINT PUBLIC HEARING - WASHINGTON COUNTY WATER AND SEWERAGE
PLAN 2006 UPDATE - WS-09-001
The Board of County Commissioners held a joint public
hearing with the Washington County Planning Commission
regarding the Water and Sewerage Plan 2006 Update (WS-09-
001), in Courtroom No. 1 at the Washington County
Courthouse, 95 West Washington Street, Hagerstown,
Maryland. Presiding at the hearing was Planning Commission
Chairman George Anikis who called the meeting to order at
7:02 p.m. In attendance were Planning Commission members
Linda Parrish, Clint Wiley, Sam Ecker, and Terry Reiber;
and County Commissioners President John L. Barr, Vice
President Terry L. Baker and Commissioners William J.
Wivell, Kristin B. Aleshire and James F. Kercheval. County
Staff in attendance was Michael Thompson, Planning
Director; Julie Pippel, Director of Environmental
Management; and Tim Lung, Senior Planner. Mr. Lung
presented the County Staff report and the Commissioners
discussed the matter with the Planning Commission. There
was no one present who offered testimony. Mr. Anikis
stated that the record was closed and the public hearing
was concluded. The hearing was adjourned at 7:48 p.m.
__________________________
County Administrator
__________________________
County Attorney
County Clerk
September 15, 2009
Hagerstown, Maryland
JOINT MEETING WITH WASHINGTON COUNTY BOARD OF EDUCATION
The Board of County Commissioners held a joint meeting with
the Washington County Board of Education at the Washington
County Technical High School, 50 West Oak Ridge Drive,
Hagerstown, Maryland. County Commissioners President John
F. Barr called the meeting to order at 8:32 a.m. In
attendance were County Commissioners President John F.
Barr, Vice President Terry L. Baker and Commissioners
Kristin B. Aleshire (at 8:35 a.m.), William J. Wivell and
James F. Kercheval (at 8:38 a.m.). The following Board of
Education members were present: Paul Bailey, Ruth Anne
Callaham, William Staley, Wayne Ridenour, Donna Brightman,
Justin Hartings, and Edward Forrest.
Fourth Quarter Budget Adjustments
Chris South, Chief Financial Officer for Washington County
Public Schools, presented requested adjustments to the
Fourth Quarter FY 2009 budget. Motion made by Commissioner
Wivell, seconded by Aleshire, to approve the following
fourth quarter FY 2009 budget adjustments, as requested by
the Washington County Board of Education by decreasing the
following categories: Administration - $14,014.00; Mid-
Level Administration - $82,007.00; Instructional Textbooks
and Supply - $1,717.00; Other Instructional Costs -
$59,298.00; Special Education - $566,150.00; Student Health
Services - $13,416.00; Student Transportation Services -
$460,449.00; Operation of Plant - $428,047.00; Capital
Outlay - $8,296.00; Food Service - $2,753.00; and Fixed
Charges - $516,992.00; and by increasing the following
categories: Revenue - $184,267.00; Instructional Salaries -
$33,957.00; Student Personnel Services - $3,342.00; and
Maintenance of Plant - $580,493.00 for a net change in the
Fund Balance of $1,719,614.00.
Commissioner Kercheval complimented the Board of Education
members and its staff on the recent smooth start of the new
school year and the steps taken to transition students
moving to new schools.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Kercheval, seconded by Wivell,
to convene in closed session at 8:55 a.m. to consider the
acquisition of real property for a public purpose and
matters directly related thereto, in accordance with
Section 10-508 of the State Government Article of the
Annotated Code of Maryland. Unanimously approved.
In closed session, the Commissioners considered the
acquisition of real property for a public purpose and
matters directly related thereto. Present during closed
session were President John F. Barr, Vice President Terry
L. Baker and Commissioners Kristin B. Aleshire, James F.
Kercheval and William J. Wivell. Also present were Gregory
Murray, County Administrator; Vicki Lumm, County Clerk; Joe
Kroboth, III, Public Works Director; Joe Kuhna, Real
Property Administrator; Mike Thompson, Planning Director;
and elected Board of Education members Paul Bailey, Ruth
Anne Callaham, William Staley, Wayne Ridenour, Donna
Brightman, Justin Hartings, and Edward Forrest; Washington
County School personnel in attendance were Chris South,
Chief Financial Officer, Dr. Elizabeth Morgan,
Superintendent of Schools; Boyd Michael, Deputy
Superintendent; Rob Rollins, Director of Facilities
Planning and Development; and Mike Markoe, Assistant
Superintendent for Elementary Education.
RECESS
The Commissioners recessed at 9:49 a.m. to attend the
groundbreaking for the Antietam Academy on the grounds of
the Washington County Technical High School.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Aleshire, seconded by Kercheval
to reconvene in open session at 10:46 a.m. at Room 226, 100
West Washington Street, Hagerstown, Maryland.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Aleshire, seconded by Kercheval
to convene in closed session at 10:47 a.m. to discuss the
appointment, employment,
September 15, 2009
Page two
assignment, and/or compensation 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 a 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; to consult with staff or other individuals
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.
In closed session, the Commissioners discussed the
appointment, employment, assignment, and/or compensation of
appointees, employees, or officials over whom it has
jurisdiction; discussed personnel matters that affect one
or more specific individuals; considered a matter that
concerns a 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; consulted
with staff or other individuals about pending or potential
litigation; and consulted with counsel to obtain legal
advice. Present during closed session were President John
F. Barr, Vice President Terry L. Baker and Commissioners
Kristin B. Aleshire, James F. Kercheval and William J.
Wivell. Also present were Gregory Murray, County
Administrator; Vicki Lumm, County Clerk; and at various
times, John Martirano, County Attorney; Kirk C. Downey,
Assistant County Attorney; Andrew Wilkinson, Assistant
County Attorney; Carolyn Motz, Airport Manager; Greg
Larsen, Airport Business Manager; Debra Murray, Finance
Director; Rob Ferree, EDC Deputy Director; Joe Kroboth,
Public Works Director; and Jim Hovis, Gaming Director.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 1:39
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.
APPROVAL OF MINUTES – September 1, 2009
Motion made by Commissioner Aleshire, seconded by
Kercheval, to approve the minutes of September 1, 2009.
Unanimously approved.
PROPOSED BUDGETARY ACTIONS – FY 2010 and 2011
Debra Murray, Finance Director, presented the proposed
budgetary recommendations for the County’s fiscal years
2010 and 2011 to offset funding cuts by the State of
Maryland. She outlined the proposed policy changes for the
current fiscal year. The Commissioners discussed the
proposals and Greg Murray, County Administrator, stated
that County Staff is being proactive during the changing
economic situation.
INTERGOVERNMENTAL AGREEMENT – USED OIL AND USED ANTIFREEZE
COLLECTION FACILITIES
Motion made by Commissioner Kercheval, seconded by
Aleshire, to enter into an intergovernmental agreement with
Maryland Environmental Service, (MES) for used oil and used
antifreeze collection facilities at the Landfill.
Unanimously approved.
INTERIM CERTIFICATION OF THE MARYLAND AGRICULTURAL LAND
PRESERVATION PROGRAM (MALPP) AGRICULTURE TRANSFER TAX FUND
AND THE PRIORITY PRESERVATION AREAS
Eric Seifarth, Rural Preservation Administrator, informed
the Commissioners that every two years, the Land
Preservation staff is required to prepare and submit a
certification report in order to retain an additional 42%
(total 75% retention) of state agricultural transfer taxes.
He introduced Joe Tassone and Dan Rosen of the Maryland
Department of Planning, who provided background information
on the MALPP Program and answered questions from the
Commissioners. After discussion, it was the consensus of
the Commissioners to schedule the item on a future agenda
for a final decision.
September 15, 2009
Page three
URBAN GROWTH AREA ADVISORY COMMITTEE FINAL REPORT, TASK 6
(ZONING ORDINANCE TEXT AND MAP AMENDMENT RECOMMENDATIONS)
Richard Phoebus, Chair, Urban Growth Area Advisory
Committee (UGAAC), presented a summary of the Committee’s
recommendations on the proposed zoning text and map
amendments prepared by Planning Staff for the comprehensive
rezoning of the Urban Growth Area. He stated that the
committee was appointed in 2007 and was made up of fourteen
citizens with varied backgrounds, all of whom gave many
hours to complete the study. The Commissioners discussed
the report and thanked UGAAC members who were in
attendance. Mr. Phoebus stated that the UGAAC is advising
that future workshops be set for further review of the
recommendations. County Administrator Greg Murray stated
that he would be scheduling these workshops for the
Commissioners.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Baker stated that he attended the Parks and
Recreation Board meeting where it was reported that the
irrigation system located on the field at Marty Snook Park
has been completed and that the popular foot trail is being
extended. He noted that the summer programs held this year
by the Department went well and commended the Staff.
Commissioner Kercheval informed the Commissioners that he
attended a Tri-County Council meeting where funding cuts
and how to handle them was discussed. He stated that the
Council has now formally abandoned the Federal Procurement
Technical Center grant. Commissioner Kercheval said that
30% in grant money may be available for the Water Resources
Element (WRE) consultant study and a representative from
the Maryland Department of Planning will be contacting
Planning Director Mike Thompson. He also attended a
Business Tax Reform Committee meeting in Annapolis and
spoke to Secretary Johansen of the Maryland Department of
Economic Development (DBED) while there regarding some
prospective Washington County business clients.
Commissioner Kercheval thanked County Staff, especially the
EDC Department, for the extra efforts taken to bring new
businesses and jobs to the County. He reminded the
Commissioners that the State Highway Administration’s (SHA)
Annual State Transportation Tour would be held on October 1
in Room 255 of the County Administration Building and
requested time on a future agenda to discuss the issues to
be presented by the County to the SHA.
Commissioner Wivell requested a change in the minutes of
September 1, 2009 regarding his Commissioner comments from
the MACo Conference. He stated that he attended the
Boonsboro Trolley dedication. Commissioner Wivell
mentioned a phone call he received from a citizen who hoped
that local government was performing “bare bones” functions
in these lean economic times.
Commissioner Wivell questioned whether it had been decided
to use in-house staff to perform the Water Resources
Element (WRE) Study item that was presented at last week’s
meeting. Mr. Murray stated that he had discussed the issue
with County Staff and decided that it could be performed
in-house. County Staff informed the Commissioners that all
bids for the study must be formally rejected if the project
is to be performed in-house.
Motion made by Commissioner Wivell, seconded by Aleshire,
to formally reject the bids presented at last week’s
Commissioners’ meeting for the Water Resources Element
Study (PUR-1098) by outside consultants. Commissioner
Kercheval stated that he objected to the matter being taken
to a vote because he believes it should be an agenda item,
and because the option of performing the study in-house
should have been discussed months ago before going through
the bidding process. Motion carried with Commissioners
Wivell, Aleshire and Baker voting "AYE" and Commissioner
Kercheval "NO”.
Commissioner Aleshire reported that he enjoyed
Boonesborough Days held last weekend. He noted that he had
attended his first Women’s Commission meeting and an EDC
Board Meeting. Commissioner Aleshire stated that he
attended a Health Department meeting and felt that more
applicants should
September 15, 2009
Page four
be recruited for membership on the Board due to low
attendance. He attended a Water Quality Advisory Board
meeting where City of Hagerstown representatives were
present. Commissioner Aleshire mentioned receiving
a letter regarding the “puppy mill” issue and stressed that
a licensing and permit procedure needs to be included in
the revised Animal Control Ordinance concerning breeding
animals as a commercial operation. He reported that he has
been receiving numerous emails regarding the I-270 toll
lane proposal. Joe Kroboth, III, Public Works Director,
agreed to contact the State Highway Administration to
obtain accurate details regarding the proposal.
Commissioner Barr reported that he attended the trolley
dedication in Boonsboro and the City of Hagerstown’s “9/11”
commemorative service. He also attended a ceremony at the
Volunteer Fire and Rescue Association offices on
Pennsylvania Avenue, where a second flagpole that was
donated by the Woodmen of the World was dedicated.
Commissioner Barr noted that he was present at the
Boonsboro Remembrance Parade held last week and also
attended an open house hosted by Don and Jone Bowman for a
“Reach the Stars” fundraising event. He mentioned that
both he and Senator Munson were present for a blessing of
the grapes at the Knob Hill Winery. He attended the
monthly PenMar Development Corporation meeting, stating
that membership is up and the facilities are being used
often. Commissioner Barr noted that no recent development
is occurring on the grounds due to current economic
conditions but that Hagerstown Community College’s
satellite facility is doing well.
OTHER BUSINESS
Human Resources Deputy Director Dee Hawbaker and EDC Deputy
Director Rob Ferree requested approval to advertise to fill
a full-time Fiscal/Research Specialist position, Grade 10,
in the EDC office due to an employee transfer. Mr. Ferree
described the duties of the position and answered questions
from the Commissioners regarding justification for filling
the position.
Motion made by Commissioner Kercheval, seconded by
Aleshire, to approve the request to advertise to fill the
position as presented. The vote was tied with
Commissioners Kercheval and Aleshire voting “YEA” and
Commissioners Wivell and Baker voting “NO”. The motion was
approved with President Barr voting “YEA”.
(Commissioner Baker left the meeting at 3:34 p.m.)
Joe Kroboth, III, Public Works Director, requested the
Commissioners’ approval to enter into two Memorandums of
Understanding (MOUs) with the Maryland State Highway
Administration (SHA). He stated that the MOUs are for
Transportation, Community and System Preservation (TCSP)
“Earmark Funds” that would provide $380,000.00 toward the
widening of Eastern Boulevard, and $95,000.00 for planning
the “Northeast Bypass” also known as Eastern Boulevard
Extended.
Motion made by Commissioner Aleshire, seconded by Kercheval
to approve execution of the MOUs with the State Highway
Administration as presented. Discussion was held regarding
the money being passed through the SHA to the County and
the obligation to follow the federal procedures as
outlined. Mr. Kroboth stated that the funds do not have to
be accepted after execution of the MOUs and may be rejected
in the future. The motion was unanimously approved.
County Administrator Greg Murray requested approval of two
change orders, 1) a final closeout to Wolfe Enterprises for
the U.S. Rt. 40/Mt. Aetna Road Intersection for an
approximate $30,000.00 reduction and, 2) D.A. Foster
Company for Public Safety Fiber optic conduit for an
approximate $274,000.00 reduction for final closeout.
Motion made by Commissioner Wivell, seconded by Aleshire,
to approve the change orders as presented. Unanimously
approved.
September 15, 2009
Page five
APPOINTMENT – GAMING COMMISSION
Motion made by Commissioner Kercheval, seconded by
Aleshire, to approve the appointment of John Menard to the
Washington County Gaming Commission for a two-year term
ending on September 30, 2011. Unanimously approved.
REAPPOINTMENT/APPOINTMENT – AGRICULTURAL MARKETING ADVISORY
COMMITTEE
Motion made by Commissioner Aleshire, seconded by
Kercheval, to reappoint Richard Seibert to a second three-
year term; and to appoint Katie Long to a three-year term
to the Agricultural Marketing Advisory Committee, both
extending until September 30, 2012. Unanimously approved.
REAPPOINTMENT – AGRICULTURAL LAND PRESERVATION ADVISORY
BOARD
Motion made by Commissioner Aleshire, seconded by
Kercheval, to reappoint Steve Ernst to a second five-year
term on the Agricultural Land Preservation Advisory Board,
extending to September 30, 2014. Unanimously approved.
(Commissioner Baker returned to the meeting at 3:43 p.m.)
ADJOURNMENT
Motion made by Commissioner Kercheval, seconded by
Aleshire, to adjourn the meeting at 3:43 p.m. in order to
attend a “Meet and Greet” at the Washington County Humane
Society with the Board of Directors, at 13011 Maugansville
Road, Hagerstown, Maryland. Unanimously approved.
____________________________
County Administrator
____________________________
County Attorney
________________________
County Clerk