HomeMy WebLinkAbout10.05.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
October 5, 2010
President John F. Barr called the regular meeting of the Board of County Commissioners
of Washington County, Maryland to order at 2:34 p.m, with the following members: Vice
President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval and
William J. Wivell.
PROCLAMATION - CHARACTER COUNTS! MONTH
Carolyn Brooks, C -Safe Coordinator, distributed information on the "Character Counts!"
Program and accepted a proclamation from President Barr on behalf of the Commissioners
to recognize October 2010 as Character Counts! Month in Washington County. Ms.
Brooks described the program and thanked the Commissioners for the recognition.
UNITED WAY AND COMMUNITY HEALTH CHARITIES CAMPAIGN —
WASHINGTON COUNTY EMPLOYEES
Kathy Kroboth, Washington County Government's Coordinator for the United Way and
Community Health Charities Campaign provided information on this year's campaigns.
Addie Nardi, United Way -Director of Resource Development, and David Jones, Manager
of Campaign Services -Community Health Charities, presented information on their
respective agencies. Ms. Kroboth announced that the Washington County Government
campaign would run from October 1-31, 2010 and that the United Way Day of Caring
would be held on October 22.
PROCLAMATION - DISABILITIES AWARENESS MONTH
Norman Bassett, Disabilities Coordinator -Office on Disability Issues, and Peggy Martin,
Chair -Disabilities Advisory Committee discussed activities that are scheduled for the
October 2010 Disabilities Awareness Month. Ms. Martin indicated that a survey on
disability issues in the community is being distributed via various means. Ms. Martin and
Committee member Joe Kuhna accepted a proclamation from the Commissioners in
recognition of the event.
CONTRACT RENEWAL — JURISDICTIONAL EMS MEDICAL DIRECTOR
Kevin Lewis, Director -Division of Fire and Emergency Services, recommended renewal of
the annual contract of Dr. Vincent Cantone, the County's Jurisdictional Emergency
Medical Services (EMS) Medical Director, for the period of September 1, 2010 to August
31, 2011. Mr. Lewis explained that Title 30 of the Code of Maryland Regulations
(COMAR) requires that each County/jurisdiction appoint a medical director to oversee pre-
hospital care. Dr. Cantone has held the position since 2007.
Commissioner Aleshire, seconded by Wivell, moved to renew the annual contract with the
current EMS Medical Director for the period of September 1, 2010 to August 31, 2011.
The motion passed with Commissioners Aleshire, Wivell, Baker, and Barr voting "AYE"
and Commissioner Kercheval "ABSTAIN."
October 5, 2010
Page 2
YOUTH MERITORIOUS AWARDS PRESENTATION — SEPTEMBER &
OCTOBER 2010
On behalf of the Commissioners, President Barr presented certificates of merit to the
following students selected by the Washington County Community Partnership for
Children and Families (WCCP) to receive the September 2010 Youth Meritorious Award:
Abigail Jones of Boonsboro Middle School, Catherine Rishell of Smithsburg High School,
and Spencer Schultz of Clear Spring Middle School. The October 2010 honors went to
Brittni Reynolds of Smithsburg Middle School, Colby Robinson of South Hagerstown
High School, and Hannah Woods of Clear Spring Middle School. Each student received a
$100 U.S. Savings Bond from the WCCP. The Commissioners commended the students
for their leadership, academic, and extra -curricular activities.
DISCUSSION Or LEGISLATIVE REOUESTS - 2011 GENERAL ASSEMBLY
Assistant County Attorney Kirk C. Downey presented items for possible inclusion in the
2011 legislative request package to be presented to the local Delegation to the Maryland
General Assembly. Mr. Downey advised that a meeting with the local Delegation has been
scheduled for Wednesday, November 17, 2010 to discuss these issues. Commissioner
Kercheval suggested that the new Commissioners be invited to the meeting. The
Commissioners discussed the items that have been compiled by Staff throughout the year
for possible inclusion on the proposed legislative list: 1) Quick -take authority for
condemnations pertaining to public works projects, 2) Lobbying prohibition on convicted
felons, 3) Foreclosure issue, 4) Property tax exemption of land under an agricultural
easement, 5) Authorization for Sheriff to locally issue handgun carry permits, 6) Notice of
an SWM structure on property at closing, 7) Elimination of mandatory water, sewer, and
pretreatment contributions for debt reduction, 8) Local decisional authority through
maintenance of LMB and associated funding, 9) Expansion of civil citation authority, and
10) General lien authority for any amount owed to the County. It was the consensus of the
Commissioners to strike items 1, 2, and 9 from the proposal list. The Commissioners
requested additional information regarding Items 3 and 4 and asked that Staff seek
comments from Sheriff Mullendore regarding Item 5. It was agreed that the local realtor
organization should be contacted for additional information on Item 6. Items 7 and 8 were
approved for inclusion on the legislative request list. In response to a question from
Commissioner Wivell regarding Item 10, Assistant County Attorney Downey stated that he
would prefer to provide legal information to the Commissioners regarding the item in
Closed Session.
CONVENE IN CLOSED SESSION
Commissioner Kercheval, seconded by Baker, moved to convene in closed session at 4:28
p.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 consult with staff about pending litigation; and
to consult with counsel to obtain legal advice, in accordance with Section 10-508 of the
October 5, 2010
Page 3
State Government Article of the Annotated Code of Maryland. The motion passed with
Commissioner Kercheval, Baker, and Barr voting "AYE" and Commissioners Aleshire and
Wivell "NO."
In closed session, the Commissioners discussed the appointment, employment, assignment,
promotion, discipline, demotion, compensation, removal, resignation, or performance
evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed
personnel matters that affect one or more specific individuals; consulted with staff about
pending litigation; 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 were Gregory Murray, County
Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney; and at
various times Joe Kroboth, III, Public Works Director; and William Sonnik, Human
Resources Director.
I�'/�►1Jr;[lir� 1 tN DY Y 1►Ll;DI ICI]`�'l�[I]_OII1►[KIZ�.1
President John F. Barr called the evening session of the regular meeting of the Board of
County Commissioners of Washington County, Maryland to order at 7:15 p.m, at Hancock
Town Hall, 126 West High Street, Hancock, with the following members: 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 delivered by Commissioner Barr followed by the Pledge of Allegiance
to the Flag by the full assemblage.
APPROVAL OF MINUTES — Sentember 28.2010
Approval of the September 28, 2010 minutes was deferred until the October 19, 2010
meeting.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Wivell commented on the Veterans' parade and memorial dedication he
recently attended in Clear Spring that was both inspirational and well received.
Commissioner Aleshire reported that he attended a recent Community Lobbying Coalition
meeting and noted several legislative items that were discussed. He also attended the Star
Community and the REACH Shelter events. Mr. Aleshire was present at the meeting of the
Maryland State Transportation Agency to study transportation needs for disabled citizens.
He noted his attendance at a forum of the Community Impact Forum to study issues of
concern in the County. Commissioner Aleshire attended the Maryland Department of
Transportation's (MDOT) Annual Tour meeting held last week in Washington County and
discussed the high percentage of lost highway revenue funds to Maryland counties across
the board compared to Baltimore City's loss of only 33%.
October 5, 2010
Page 4
Commissioner Baker thanked the citizens of Hancock for turning out in large numbers. He
also thanked the Mayor and Council and expressed the desire that the new Board of
County Commissioners hold more meetings during the year in municipalities.
Commissioner Kercheval thanked Mayor Murphy for his support over the years, noting
that this was his last meeting in the Town as County Commissioner. He praised the
Hancock Council and staff for a well-run Town. Mr. Kercheval gave a "Happy Birthday"
greeting to his son, Jacob. He thanked Joe Kroboth for the excellent job done to coordinate
last week's MDOT Tour. Commissioner Kercheval attended a lobbying effort meeting and
listed action items such as gaming funds and avoiding further shifting of costs to local
government.
Commissioner Barr reported that he traveled to Annapolis for the Maryland Association of
Counties (MACo) legislative discussions and indicated that the Commissioners met with
MACo representatives today during lunch. He reiterated the praises given to the Town of
Clear Spring for the fine Veterans Memorial dedication ceremony and thanked David
Sword for spearheading the event.
ANNUAL NATIONAL PIKE FESTIVAL WAGON TRAIN
Tom Riford, President and CEO, Hagerstown -Washington County Convention and
Visitors Bureau, provided details of the 23`d Annual National Pike Festival Wagon Train to
be held on May 20-22, 2011. Mr. Riford introduced this year's event organizers - Jamie
and Christy Baker. Jamie Baker revealed plans for next year's event, which involves a
wagon train covering 32 miles and crossing over the Wilson Bridge. He requested
assistance for the event from the Commissioners, as provided in the past: 1) that the
festival is added to the County's event insurance rider, 2) that the County provide two
Sheriff s deputies for the front and rear of the parade on May 21 and 22, and 3) that the
organizers may use the County's mailroom service.
Commissioner Wivell, seconded by Kercheval, moved to support the event as presented,
with the general fund costs to be reimbursed from the Hotel Rental Tax Fund. The motion
passed unanimously.
CITIZENS PARTICIPATION
Mayor Dan Murphy welcomed the Commissioners to the Town. He indicated that despite
bad economic conditions, positive things are happening in Hancock with citizens and
organizations working together for the good of the Town. Mayor Murphy noted that the
former Fleetwood property is still being marketed with assistance from the County's
Economic Development Commission. He praised the relationship between the Town's
police officers and County Sheriff Doug Mullendore. The Mayor indicated that a
$100,000.00 grant was received by the Town to initiate a solar system at its lagoon which
will assist with energy needs. Mayor Murphy stated that he and the local building
community continue to be frustrated with the County's permitting process. He thanked
outgoing Commissioners Kercheval and Wivell for their past service to the County. The
October 5, 2010
Page 5
Mayor suggested that the Hancock Library be next on the list for significant
improvements. Greg Murray mentioned the opportunity for the Town to take advantage of
new fiber cable coming to the area in the near future. President Barr introduced Delegate
LeRoy Myers who was in the audience this evening.
OTHER BUSINESS
Countv Administrator's Comments
Greg Murray thanked the Mayor and Council for hosting the meeting in Hancock, his
former hometown. He requested approval to advertise to fill an Information Systems
Specialist position at Grade 17, due to an upcoming retirement.
Commissioner Kercheval, seconded by Aleshire, moved to advertise to fill the position as
presented. The motion passed unanimously.
Mr. Murray requested approval to advertise to fill the Airport Director position, Grade 18,
due to the planned retirement of Carolyn Motz on December 31, 2010. He advised that the
job description has been expanded to include other essential functions. The Commissioners
reviewed the revised job description and suggested some changes and additions.
Commissioner Kercheval mentioned the possibility of establishing an Airport Authority in
the future.
Commissioner Aleshire, seconded by Kercheval, moved for approval to advertise to fill the
Airport Director position with changes to the job description as suggested this evening by a
consensus of the Commissioners. The motion passed unanimously.
PUBLIC HEARING — MAP AMENDMENT RZ-10-003
County Commissioner President John F. Barr convened a public hearing at 8:07 p.m. to
obtain comments regarding Map Amendment RZ-10-003, as requested by Applicant
Harold Walter. Assistant County Attorney Kirk C. Downey identified the property as
13619 Orchard Ridge Road, Hancock, containing 40 + acres, currently zoned EC
(Environmental Conservation). He advised that the Applicant is requesting a RB -N (Rural
Business -New) floating zone designation for the property. Mr. Downey outlined the
procedures to be followed during the public hearing. County Clerk Vicki Lumm
administered the oath to those who planned to give testimony. Jill Baker, Senior Planner -
Planning Department, presented staff reports on behalf of the County. Ms. Baker submitted
the Staff Report and Anaylsis dated July 21, 2010 for the record. She stated that the
Washington County Planning Commission recommendations were approved after the
public meeting held on August 2, 2010.
Ms. Baker answered questions from Commissioner Aleshire.
Attorney Jason Divelbiss presented the Applicant's case. He answered questions posed by
the Commissioners including proposed campground operations and the condition of the
road providing access to the planned facility.
October 5, 2010
Page 6
The hearing was opened for public comment. Individuals speaking in favor of the
application were:
1) Sam Strauss of 405 North Potomac Street, Hagerstown. He commented that Mr. Walter
is his Hagerstown neighbor and that he is responsible, takes good care of his property, and
conducts business in a professional manner.
2) Lois Twigg of 119 Catawba Place, Hagerstown, commented that she is the realtor who
sold the property to the Applicant at a time when it was approved for campground use. She
expressed disappointment that Mr. Walter's intended use was frustrated by a subsequent
zoning change.
Those speaking against approval were:
1) Delegate LeRoy Myers of 14627 National Pike, Clear Spring. Delegate Myers stated
that he has been contacted by a large amount of citizens expressing opposition to the
proposed campground. He felt that it was unfair to think that the community of Orchard
Ridge is saying anything against the individual owners when citizens have valid concerns
that need addressed.
2) Paul J. Smith, Sr. of 8238 Millstone Road, Hancock stated that he lives in the area
involved and questioned traffic numbers.
3) Glen Bond of 11037 Hopewell Road, Hagerstown, past president of the Western
Maryland Sportsman Club, spoke on its behalf. He stated that the Club's biggest concern
is safety.
4) Darlene Smith of 8238 Millstone Road, Hancock advised that she must cross the road
many times a day and that drivers are often speeding.
5) Roy Lloyd Funk of 13719 Orchard Ridge Road, Hancock discussed potential problems
regarding water contamination and inadequate roads.
6) Rev. Jeffrey N. Hawbaker of 14128 Orchard Ridge Road, pastor of the church located at
13642 Orchard Ridge Road, expressed concern with the narrow road conditions that will
be encountered by recreational vehicles. He noted that the church's parking lot has been
damaged in the past by drivers who miss the turn and use the church lot.
7) Ray Givens of 7404 Millstone Road, Hancock, President of the Washington County
Federation of Sportsmen's Clubs, expressed the opinion that a proposed privacy fence
would cause more problems that it would solve.
8) Marvin Leslie Golden of 13466 Roundtop Road, Hancock discussed the nearby Happy
Hills Campground and compared its problems to those that may be encountered if the
proposed campground is approved.
Attorney Jason Divelbiss presented a rebuttal on behalf of his clients.
The public hearing was closed at 9:44 p.m.
October 5, 2010
Page 7
"I1111J"I tt111 ILY
Commissioner Aleshire, seconded by Baker, moved to adjourn the meeting at 9:44 p.m.
The motion passed unanimously.
County Administrator
`county Attorney
County Clerk