HomeMy WebLinkAbout02.16.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
February 16, 2010
President John F. Barr called the regular meeting of the Board of County Commissioners
of Washington County, Maryland to order at 9:29 a.m. 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
President Barr gave the Invocation followed by the Pledge of Allegiance to the Flag by the
full assemblage.
APPROVAL OF MINUTES – February 9, 2010
Approval of the February 9, 2010 minutes was deferred until next week.
CITIZEN COMMENT
Ronald Leggett, 7308 Monroe Road, Boonsboro, introduced himself as President of the
Washington County Farm Bureau and a wildlife control operator. He stated that he was a
former member of the Animal Control Authority and was appearing to comment on the
Animal Control Ordinance to be discussed later in the meeting. Mr. Leggett requested
support for a leash law in the County and felt that it would protect landowners and animal
owners.
CAPITAL IMPROVEMENT BUDGET DISCUSSIONS
Debra Murray, Finance Director; and Joe Kroboth, III, Public Works Director, members of
the Capital Improvement Budget (CIP) Committee, began review of the FY 2011-2016
budget for General Government, covering Solid Waste, Parks and Recreation, Public
Safety and Road Improvements. Ms. Murray stated that the proposed bond issue for
utilities would be reduced by $3.9 million by moving projects further out two years. She
informed the Commissioners that General Government is proposed for $3.43 million in FY
2011, which includes the planned Senior Center.
Ms. Murray discussed the Solid Waste category, which included costs for closing the
Rubble Fill, construction of Cell #7, and a leachate pump station-force main and gas
flaring at the Hancock Landfill.
Mr. Kroboth detailed the Parks and Recreation figures, which include repairs to the Devil’s
Backbone Park Dam mandated by the Maryland Department of the Environment (MDE).
The Commissioners discussed the mandate and options for project completion and
funding.
Ms. Murray described the Public Safety portion of the CIP, which includes funds for
expansion of the Detention Center in phases beginning in 2015. The Commissioners
expressed doubt that some later phases would be accomplished as scheduled. She noted
February 16, 2010
Page two
that $229,500.00 was included in the coming fiscal year for Geographic Information
System Parcel Vectorization.
Mr. Kroboth provided information on the Road Improvement section of the CIP and stated
that $4.7 million in pavement maintenance funds were included. He noted that safety
considerations would be addressed with the intersection improvement project scheduled
for Eastern Boulevard and Antietam Drive. Mr. Kroboth described a new traffic signal that
is planned at U.S. Route 40 and Earth Care Road that was proposed years ago but not
warranted until the recent rise in traffic at the area.
CITIZENS PARTICIPATION
Delores Hollar, of the Greenberry Hills neighborhood, stated that a vicious dog attacked
her beagle on January 16 while she was taking it for a walk. She discussed the need for a
leash law in Washington County and more control of animals by their owners.
Benjamin Chlebnikow, 17626 York Road, Hagerstown, provided information and photos
concerning the attack of Mrs. Hollar’s dog by another dog. He also stated that his own dog
was attacked in 2008 by another dog. Mr. Chlebnikow expressed the opinion that in the
case of a dog attack, the owner should be subject to a citation and/or fine.
REPORTS FROM COUNTY STAFF
Human Resources
William Sonnik, III, introduced new County employees Lauren Hopkins, Advanced Life
Support Technician; and Carmen Harbaugh, Permits Technician. The Commissioners
welcomed the new employees and wished them well in their positions.
OTHER BUSINESS
Economic Development Commission
Tim Troxell, Economic Development Commission (EDC) Director, requested a letter of
support from the Commissioners regarding Hagerstown business Electromet Corp., which
manufactures specialized cabinets for Navy ships. The letter would request funding
support for the “Littoral Combat Ship Mission Support Module Equipment Initiative.” Mr.
Troxell stated that if the 15-year, $1 million plus contract is approved, Electromet would
require approximately 20-35 new employees for good-paying jobs at the company. It was
the consensus of the Commissioners to send letters to Senators Barbara Mikulski and
Benjamin Cardin requesting their support for the funding.
Public Works
Joe Kroboth, III reported that snow and ice removal operations from the recent snow
events remain ongoing. He reported meeting with Governor O’Malley and the Director of
the Maryland Emergency Management Association (MEMA) during their visit to
Washington County last week. The Commissioners were informed that the two storms
February 16, 2010
Page three
would be considered as one with all expenses being grouped together. Mr. Kroboth stated
that, if approved, 75% of the County’s expenses would be reimbursed through MEMA. He
provided a notebook of photos taken during the recent weather events.
COMMMISSIONERS REPORTS AND COMMENTS
Commissioner Baker thanked Highway Department Director Ed Plank, his staff and crews
for the outstanding job performed during both storm events. He congratulated Dr.
Elizabeth Morgan on being named the 2010 National Superintendent of the Year.
Commissioner Kercheval echoed the snow removal comments and the honor given to Dr.
Morgan. He noted that Washington County also has a nationally recognized librarian. He
reported attending the Planning Commission workshop relating to the Urban Growth Area.
Mr. Kercheval stated that the Commission discussed zoning designations for 37 different
properties. He reminded those present that tomorrow is the Lobbying Coalition’s effort in
Annapolis, and if any citizens were interested, he would inform them of the available
transportation.
Commissioner Aleshire stated that he attended the Smithsburg Community Volunteer Fire
Company banquet along with Commissioner Wivell. He requested the Lobbying
Coalition’s agenda for tomorrow. Mr. Aleshire referred to the Kiplinger Letter distributed
previously by Commissioner Barr. He felt that it supports the evidence that fiscal restraint
should be exercised during budget planning specifically as it relates to a letter recently
received from the Washington County Board of Education requesting an additional $6.5
million in wages to cover a benefit package approved between it and its employee base “in
2008, when the economy was stable.”
Commissioner Wivell reported that he attended the Smithsburg Community Volunteer Fire
Company banquet. He reiterated the previous comments expressed concerning the snow
removal efforts and congratulated Dr. Morgan.
Commissioner Barr thanked the County departments for the excellent snow removal
efforts, especially by employees in departments that are not normally involved. He
reported leaving Dr. Morgan a congratulatory voice message on behalf of the
Commissioners. Mr. Barr attended the Walnut Street Community Health Center’s first
annual Sweetheart Banquet/Auction fundraiser. He enjoyed the Maryland Symphony
Orchestra’s weekend concert, expressing that the County is blessed to have such talent
locally. He noted various upcoming events that require coverage by his fellow
Commissioners, including the grand re-opening of the Columbia Bank, the University of
Maryland Young Artists downtown reception, and the Crystal Ball held by the Antietam
Care Foundation.
February 16, 2010
Page four
INTERGOVERNMENTAL COOPERATIVE PURCHASE OF ARCHITECTURE
AND ENGINEERING SERVICES FOR THE DESIGN OF THE SENIOR CENTER
BUILDING AND SITE
Karen Luther, Purchasing Agent; and Joe Kroboth, III, Public Works Director, presented a
proposal to award an architecture and engineering services contract for $293,171.00 to
Bushey Feight Morin Architects (BFM) of Hagerstown, Maryland as the lead design
professional for the building and site design of the proposed Senior Center to be located at
Hagerstown Community College. County Administrator Greg Murray explained that to in
an effort to move this project forward as quickly as possible, and for numerous
administrative efficiencies and significant cost benefits, other governmental contracts were
looked at which could be used by Washington County through the “piggybacking” process
which is permitted under the Code of Public Local Laws. Ms. Luther determined that the
County may enter into an Intergovernmental Cooperative Purchase agreement for
architecture and engineering services by piggybacking on a Board of Education of
Frederick County, Maryland (also known as Frederick County Public Schools) contract.
She detailed that the Board of Education of Frederick County, Maryland contract is for
technical proposals from licensed consultants for architectural, structural, civil,
mechanical, electrical, environmental, and other engineering services. Mr. Kroboth stated
that although BFM President Brent Feight had donated his services for the preliminary
design work of the proposed senior center; that fact did not influence the decision to use
the piggybacking method and the Board of Education of Frederick County, Maryland. The
Commissioners discussed the proposal and Commissioners Aleshire and Kercheval felt
that by not using the normal bidding process the County would be giving the impression of
preferential treatment for BFM. Commissioners Baker and Wivell agreed but did not want
to risk losing the $1 million funding grant and also encounter the significantly higher
stormwater management costs that will go into effect in May 2010.
Commissioner Wivell, seconded by Baker, moved to approve awarding the contract to
Bushey Feight Morin Architects based on piggybacking on the Board of Education of
Frederick County, Maryland (also known as Frederick County Public Schools) for
architectural and engineering services as presented by Staff. Mr. Kroboth requested an
addition to Commissioner Wivell’s motion to authorize execution of a resolution to that
effect as is required under the Code of Public Local Laws. Commissioner Wivell so
amended his motion. Commissioner Aleshire reiterated his previous comment regarding
the integrity of the process and noted that this is the second time in less than a year that this
Board has provided special accommodation for BFM in obtaining contracts for large
public projects, the first of which was the Washington County Free Library. Commissioner
Kercheval felt that the Commissioners were not given adequate time to review the 45-page
proposal before voting on it and noted that other architects in the Frederick contract had
lower hourly rates. He also stated that he believed the Commissioners could have used the
normal procurement process within the timeline needed to acquire grant funding and save
on additional stormwater management costs. The motion passed with Commissioners
February 16, 2010
Page five
Baker, Wivell, and Barr voting “AYE” and Commissioners Aleshire and Kercheval voting
“NO”. (Resolution RS-2010-02 is located in the County Commissioners’ Office)
CONVENE IN CLOSED SESSION
Commissioner Aleshire, seconded by Kercheval, moved to convene in closed session at
12:05 a.m. to discuss the appointment, employment, and/or assignment of appointees,
employees, or officials over whom it has jurisdiction; and to discuss a personnel matter
that affects one or more specific individuals, in accordance with Section 10-508 of the
State Government Article of the Annotated Code of Maryland. The motion was
unanimously approved.
In closed session, the Commissioners discussed the appointment, employment, and/or
assignment of appointees, employees, or officials over whom it has jurisdiction; and
discussed a personnel matter that affects one or more specific individuals. 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; Andrew F.
Wilkinson, Assistant County Attorney; and Jim Hovis, Gaming Director.
RECESS FOR LUNCH
The Commissioners recessed at 12:10 p.m. for lunch.
AFTERNOON SESSION
President John F. Barr called the afternoon session to order at 1:36 p.m., with the following
members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F.
Kercheval, and William J. Wivell.
APPOINTMENT – WASHINGTON COUNTY GAMING COMMISSION
Commissioner Aleshire, seconded by Wivell, moved to appoint Gregory Shank to the
Washington County Gaming Commission for a first two-year term, extending through
February 28, 2012. The motion was unanimously approved.
ANIMAL CONTROL ORDINANCE – WORKSHOP SESSION
Kirk C. Downey, Assistant County Attorney, presented the latest revisions to the Animal
Control Ordinance in preparation for a future public hearing. Mr. Downey reviewed the
sections of the Ordinance and introduced Paul Miller, Washington County Humane
Society Director, and Dan DiVito, Permits and Inspections Director, who answered
questions and provided information concerning the proposed amendments. The
Commissioners requested modifications concerning several sections, including definitions
concerning animal attacks while on the owner’s property, and dog licensing requirements.
Mr. Miller stated that he would provide examples of other jurisdiction’s licensing
requirements. It was the consensus of the Commissioners to schedule a future workshop to
discuss further the proposed amendments to the Ordinance.
February 16, 2010
Page six
YOUTH MERITORIUS AWARDS – JANUARY AND FEBRUARY 2010
President Barr presented certificate of merits to the following students who were selected
by the Washington County Community Partnership for Children and Families (WCCP) to
receive the January 2010 Youth Meritorious Award: Elsie Martinez of Clear Spring
Middle School and Zeynep (Naz) Yildirim of Northern Middle School. The February 2010
honors went to David Drawbaugh of Boonsboro Middle School and David Lewis, II of
Western Heights Middle School. Each student was presented a $100 U.S. Savings Bond
from the WCCP. The Commissioners commended the students for their leadership,
academic and extra-curricular activities.
ADJOURNMENT
Commissioner Wivell, seconded by Aleshire, moved to adjourn at 3:14 p.m. The motion
was unanimously approved.
__________________________________
County Administrator
__________________________________
County Attorney
______________________________
County Clerk