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October 20, 2009
Hagerstown, Maryland
JOINT MEETING WITH WASHINGTON COUNTY DELEGATION REGARDING 2010
LEGISLATIVE PROPOSALS
The Board of County Commissioners held a joint meeting with the
Washington County Delegation in Room 255, 100 West Washington Street,
Hagerstown, Maryland. County Commissioners President John F. Barr called
the meeting to order at 9:02 a.m. In attendance were County
Commissioners President John F. Barr, Vice President Terry L. Baker, and
Commissioners Kristin B. Aleshire, James F. Kercheval and William J.
Wivell. Washington County Delegation members in attendance were Senators
Donald Munson and George Edwards; Delegates LeRoy Myers, Christopher
Shank, Andrew Serafini, and Richard Weldon; and Anne Gawthrop, Policy
Analyst for the Maryland General Assembly.
Kirk C. Downey, Assistant County Attorney, reviewed the County
Commissioners’ legislative proposals for the upcoming 2010 legislative
session:
1)PenMar Board – Executive Director Position – to outline and define
the Commissioners’ authority in the appointment of the Executive
Director.
2)Salary Study Process – potential changes to the salary study process
of certain elected officials and the manner in which the salary
recommendations are acted upon.
3)Abolition of Treasurer as Elected Position – discussion of the
position of Treasurer and the Treasurer’s Office and the legislative
authority that would be required, if determined, to remove the
Treasurer as an elected position and allow the Commissioners to
reorganize governmental structures.
4)Procurement of Professional or Technical Services – to remove any
potential ambiguity in Section 1-106 of the Code of Public Local
Laws to clarify that professional and technical services may be
procured, when authorized by the Commissioners, without the
necessity of public bidding.
5)Aid to Manufactories – to abolish Section 1-107 of the Code of
Public Local Laws that limits county aid to manufactories due to
being obsolete.
6)CAC’s Participation in LGIT Insurance Pool – to give CAC the
authority to participate in the Local Government Insurance Trust
(LGIT) to receive necessary insurance coverage at reduced rates.
7)School Design Advisory Board – adjustments to the process to insure
that the School Board has the opportunity to consider comments of
the Advisory Board at an appropriate time in the design process.
8)County Contributions to Private or Cooperative Public Improvement
Projects – to increase from $50,000 to $100,000 the limit stated in
Section 1-106.1(b)(1) of the Code of Public Local Laws regarding the
County Commissioners’ authority to partner with public or private
entities for public improvement projects without advertising for
bids.
9)Office of the County Attorney – to add language to the Code of
Public Local Laws concerning the role and responsibilities of the
Office of the County Attorney.
The delegation members and the County Commissioners discussed each
proposal, and members of the audience offered comments on various
proposals.
Emergency Communications Center – Delegate Myers questioned whether the
Commissioners desired to carry forward the request received late during
last year’s session regarding authorization of lie detector tests for
potential employees of the new 911 Center, due to employees now being
October 20, 2009
Page two
under the 911 Center and not the Detention Center. The consensus was to
bring the item forward this year.
Delegate Shank mentioned that he and Senators Munson and Edwards attended
a recent Washington County Club Association banquet, where they were
presented with comments from several Washington County Volunteer Fire and
Rescue Association (WCVFRA) members regarding the Commissioners’ request
for additional accountability to the Gaming Office for funds raised.
County Administrator Greg Murray explained that the Commissioners’
request involved additional disclosure reporting for bingo and tip jars,
which was to be reported on one form. He stated that the reason for such
accounting would be to show what funds a company had on hand when
requesting financial assistance from the County Commissioners. Mr.
Murray noted that he would be attending the next WCVFRA meeting to
discuss the accounting questions with the companies.
On behalf of the County Commissioners, President Barr thanked the
delegation members for attending the meeting. He also thanked Mr. Downey
for work done in assembling the requests. Anne Gawthrop, Policy Analyst
for the Maryland General Assembly, was introduced and lauded for the work
she performs during the legislative session.
The joint meeting was adjourned at 10:35 a.m.
RECONVENE IN REGULAR SESSION
The regular meeting of the Board of County Commissioners of Washington
County, Maryland was called to order at 10:42 a.m. in the Commissioners’
Meeting Room 226 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 – October 13, 2009
Approval of the October 13, 2009 minutes will be scheduled for the
October 27, 2009 meeting.
CITIZENS PARTICIPATION
There were no citizens present who wished to comment.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Baker thanked the delegation members for attending the
legislative issues meeting this morning. He mentioned attending the
Hancock municipal meeting held last week and congratulated the Hancock
High School Marching Band for placing first in a competition, which was
the first time in the history of the school. He conveyed thanks from the
town council to Bob Mandley, EDC Project Coordinator, for his assistance
with leads for leasing the former Fleetwood facility in Hancock.
Commissioner Baker mentioned that a square dance would be held at town
hall on November 15. He also expressed the town’s appreciation to Dan
DiVito, Permits and Inspections Director, for assisting the town with
some permitting issues.
Commissioner Kercheval stated that he participated in the recent United
Way Day of Caring, working with other County employees at the Discovery
Station building. He also attended the I-81 Corridor Coalition’s annual
conference held in Roanoke, Virginia and noted its new website:
www.I-81coalition.com. The event was sponsored by the Rail Solutions
Organization and event speakers informed the attendees of improvements
planned to rails to enable more trucks to be loaded and double-stacked
onto trains which would help alleviate interstate congestion.
Commissioner Kercheval attended the Local Management Board meeting last
week where discussions centered on state finances. He was also present
at the Lobbying Coalition meeting and noted that its agenda items will be
discussed with the Commissioners in the near future. Mr. Kercheval
stated that he attended the recent Black Rock Golf Board meeting where it
was noted that revenues were up in September.
Commissioner Wivell had no comments.
October 20, 2009
Page three
Commissioner Aleshire informed those present that he attended the
Commission on Aging meeting where attendees were updated on plans for the
new Senior Center. He also attended the Senior Coalition meeting with
delegation members where four legislative items were presented for
consideration, and many seniors questioned whether the Commissioners
would entertain a credit for seniors in the upcoming budget discussions.
Commissioner Aleshire, along with President Barr, attended the Washington
County Club Association meeting where gaming funds and accountability
issues were discussed with members. He also attended the Boonsboro
Middle School PTA meeting in an effort to obtain input from PTAs across
the County. He mentioned that he received a copy of a letter regarding a
martial arts business’ zoning issue where the Attorney General had become
involved. Commissioner Aleshire mentioned that he had an informative
pamphlet available that described the planned Senior Center. He stated
that he received questions from several citizens last week concerning the
effective date of the Stimulus Program that was passed during the October
13 Commissioners’ meeting. After discussion, County Administrator Greg
Murray stated that the program went into effect immediately upon approval
of the motion by the Commissioners on October 13, 2009. It was also
stated that if an applicant had not yet paid for permit fees and work had
not yet commenced, a permit application could be withdrawn and reapplied
for, to take advantage of the stimulus program. Mr. Murray noted that
ten applications had been received since the program’s approval.
President Barr stated that he attended the Order of the Arrow ceremony
held by Scout Troop 58 in Downsville where Austin Robert Huff was awarded
the rank of Eagle Scout. He also attended the Washington County Club
Association meeting reception. Mr. Barr noted that he attended a chicken
dinner fundraising event for the Eby family, whose daughter has a brain
tumor, where there was a large outpouring of support from Washington
County citizens, and he remarked that the community spirit is well in
Washington County. He reported that he would be unable to attend the
Greater Washington County Leadership Prayer Breakfast where Sheriff’s
Department Major Sam Billotti will be the host. He recommended that two
tables be purchased for the Commissioners and County staff to attend and
show support.
OTHER BUSINESS
County Attorney – County Attorney John Martirano introduced David Jordan,
Community Action Council (CAC) Director, who requested approval of a
grant award from the Maryland Department of Housing and Community
Development (DHCD) to be used for the Homeless Prevention Rapid Re-
Housing Program. He stated that the Commissioners had previously
approved CAC’s request to apply for approximately $39,000.00 in funds,
but due to the availability of recent federal stimulus money, he was
notified that CAC could now request a larger sum and DHCD has agreed to
provide funds in an amount not to exceed $152,668.00.
Motion made by Commissioner Kercheval, seconded by Baker, to accept the
additional funds being offered, and approve the sub-recipient agreement
between the County and CAC. Unanimously approved.
Resolution (Exemptions Related to Recordation Tax) -
Assistant County Attorney Andrew F. Wilkinson stated that a Resolution
has been drafted to allow the exemption of up to $200,000.00 on the
buyer’s side for recordation tax on the transfer of residential property
in Washington County. Upon approval, the Resolution would go into effect
October 21, 2009 at the opening of business, and would end on February 1,
2010 at 12:01 a.m., unless specifically extended by further act or
resolution of the Commissioners. Mr. Wilkinson stated that the
Resolution has been reviewed by Clerk of Court Dennis Weaver, who
approved the language to allow the exemption.
Motion made by Commissioner Wivell, seconded by Aleshire, to approve the
Resolution as stated. Unanimously approved.
Appointments to County Boards and Commissions – none.
October 20, 2009
Page four
County Administrator – Greg Murray announced that the Commissioners would
be attending a grand opening and luncheon at noon today for the Clear
Spring Senior Nutrition Site and Meals on Wheels Program, where Secretary
Gloria Lawlah of the Maryland Office on Aging will be speaking.
Reports from County Staff – none.
CANDIDATE SITE FOR FOREST CONSERVATION ACT PROGRAM
Elmer Weibley, District Manager of the Washington County Soil
Conservation District, presented a proposed project that would create a
permanent easement on approximately 12.2 acres of existing forest and
would involve planting 17.7 acres of new forest hardwoods at the property
of Larry and Vicky Rollins, located at 4912 Creek Road, Hancock. He
stated that the Planning Commission approved the project for forest
conservation on October 5, 2009. Mr. Weibley added that all costs for
the project would be drawn from the Forest Conservation Fund at an
estimated cost of $96,000.00. The Commissioners discussed the proposal,
noting that the cost was only 13.6 cents per foot, opposed to 30 cents
per foot for the State’s rate, which was just raised.
(Commissioner Aleshire left the meeting at 11:14 a.m.)
Motion made by Commissioner Kercheval, seconded by Baker, to approve the
proposal for the Rollins property as presented in the agenda packet.
Unanimously approved.
WORKSHOP SESSION – ZONING ORDINANCE TEXT AMENDMENT
RZ-09-003
Mike Thompson, Planning Director, and Jill Baker, Senior Planner,
appeared before the Commissioners to request staff guidance on the final
language to be adopted in the Zoning Ordinance text amendments regarding
Off-Street Parking regulations. Mr. Thompson mentioned the prior review
of the Planning Commission and that a Public Hearing that was held by the
Commissioners in June 2009. He also stated that the current regulations
would be repealed. Ms. Baker discussed the amendments that were
suggested in the agenda attachment, and stated that the proposal was the
result of collaboration between the Planning Department, Permits and
Inspections Department, and the Public Works – Land Engineering
Department. The Commissioners discussed the proposals until it was
necessary to recess, stating that the issue would be further discussed
after lunch.
RECESS
The Commissioners recessed at 11:56 p.m. to attend the grand opening and
luncheon of the Clear Spring Senior Nutrition Site and Meals on Wheels
Program in Clear Spring.
AFTERNOON SESSION
President John F. Barr called the afternoon session to order at 2:00
p.m., with the following members present: Commissioners Kristin B.
Aleshire and James F. Kercheval.
WORKSHOP SESSION – ZONING ORDINANCE TEXT AMENDMENT
RZ-09-003 (continued)
Mike Thompson, Planning Director, and Jill Baker, Senior Planner,
appeared before the Commissioners to continue the discussion from the
morning session regarding Zoning Ordinance Text Amendment RZ-09-003.
(Commissioners Baker and Wivell arrived at 2:08 p.m.)
Further discussion ensued but, due to time constraints, it was decided to
resume deliberation on the proposals at next week’s meeting.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Kercheval, seconded by Baker, to convene in
closed session at 2:33 p.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.
October 20, 2009
Page five
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; John Martirano, County
Attorney; Kirk C. Downey, Assistant County Attorney; Joe Kroboth, III,
Public Works Director; Gary Pozzouli, Project Manager; James Sterling,
Buildings, Grounds and Parks Director; Mary Baykan, Library Director, Art
Callaham, Chairman, Library Board of Trustees and several Trustee
members; Brent Feight, and Gary Shane.
ADJOURNMENT
Motion made by Commissioner Kercheval, seconded by Baker, to adjourn the
meeting at 3:21 p.m. to attend the ribbon cutting ceremony for the
Barbara Ingram School for the Arts at 7-11 South Potomac Street,
Hagerstown, Maryland. Unanimously approved.
____________________________
County Administrator
____________________________
County Attorney
___________________________
County Clerk