HomeMy WebLinkAbout02.23.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
February 23, 2010
President John F. Barr called the regular meeting of the Board of County Commissioners
of Washington County, Maryland to order at 10:02 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.
(President Barr was excused from the meeting at 10:03 a.m. Vice President Baker assumed
the Chair.)
CAPITAL IMPROVEMENT BUDGET DISCUSSIONS
Debra Murray, Finance Director, and Joe Kroboth, III, Public Works Director, both
members of the Capital Improvement (CIP) Committee, discussed the budgets for the
Board of Education, Hagerstown Community College, railroad crossing projects, Transit
Department and the Water Quality Department. Ms. Murray began discussion on the Board
of Education (BOE) and Hagerstown Community College (HCC) budgets where projects
were projected for ten years out instead of six years as previously listed. She stated that
Board of Education capital funding of $7.4 million would be cut from maintenance
projects due to reduced revenue. Ms. Murray indicated that total capital project funding
costs for HCC were projected at $10.1 million for FY 2011, noting that HCC has seen
large student growth in the past six semesters. The Commissioners stated that school
funding would be discussed at the MACo meeting this week in Annapolis.
Ms. Murray stated that no new railroad crossing projects are scheduled in the CIP for 2011
and that projected costs are estimated at $1.4 million over the six-year period.
(Commissioner Barr returned to the meeting at 11:27 a.m. and assumed the Chair)
In the Transit budget, Ms. Murray showed one category for funding for busses in FY 2011
for $418,000.00 and stated that this reflects the scheduled portion of a $1.7 million, 6-year
project.
The Water Quality CIP budget for FY 2011 is $1.74 million which includes $13 million in
reductions due to changes in construction schedules for projects. Ms. Murray noted that the
Smithsburg Wastewater Treatment Plant upgrade, the PO-2 Pump Station, and the Force
Main relocation projects were all moved forward.
Joe Kroboth, III, distributed a draft report regarding funding for the Washington County
Free Library renovation project and discussed the information with the Commissioners.
February 23, 2010
Page two
The Commissioners also discussed the Devil’s Backbone Dam repair project with Mr.
Kroboth.
HOUSE BILL 734 - ADVISORY SCHOOL DESIGN REVIEW COMMITTEE
Kirk C. Downey, Assistant County Attorney, briefly discussed a letter from the Board of
Education (BOE) to the Local Delegation received by the County this morning requesting
amendments to House Bill 734 as submitted to the Local Delegation by the Commissioners
relating to the Advisory School Design Review Committee. He indicated that the item is
scheduled for a hearing before the Appropriations Committee this afternoon. The
Commissioners discussed the bill and the various issues proposed by the BOE and
determined that the amendments would make the committee virtually ineffective. It was
the unanimous consensus of the Commissioners to support the bill as originally filed and to
authorize a letter to be sent on behalf of the Commissioners to the Local Delegation to that
effect.
RECESS FOR LUNCH
The Commissioners recessed for lunch at 12:35 p.m.
AFTERNOON SESSION
President John F. Barr called the afternoon session to order at 1:35 p.m., with the following
members: Vice President Terry L. Baker, Commissioners Kristin B. Aleshire, James F.
Kercheval, and William J. Wivell.
GANG ANALYST POSITION
Sheriff Doug Mullendore and City of Hagerstown Police Chief Arthur Smith appeared
before the Commissioners to request approval for continuation of the Gang Analyst
position that supports the Gang Investigation Unit established several years ago by the
Sheriff’s Office and the Hagerstown Police Department. Sheriff Mullendore stated that the
current federal grant for the position expires on June 30, 2010. He detailed that the gang
analyst organizes and analyzes data that is collected in the field and coordinates
information with local, State, and federal agencies. Sheriff Mullendore and Chief Smith
requested that the Gang Analyst position be made a full-time, County/City position when
the grant expires on June 30, 2010. The salary would be $37,833.12 with benefits of
$5,309.72 for a total of $43,142.84. Sheriff Mullendore explained that funding would be
shared with both government bodies through the Narcotics Task Force, and the County’s
50% share would be $21,571.42. The Commissioners discussed the proposal.
Commissioner Kercheval, seconded by Aleshire, moved to continue the gang analyst
position by making it a full-time County/City position when the grant runs out on June 30,
2010. Commissioner Wivell indicated that he could not support the motion as presented as
it did not include funding of the position from within the existing Sheriff’s Department
budget. The motion passed with Commissioners Kercheval, Aleshire, Baker and Barr
voting “AYE”, and Commissioner Wivell voting “NO”.
February 23, 2010
Page three
ACTION ON REVISION TO WEED CONTROL ORDINANCE
Assistant County Attorney Kirk C. Downey presented the revised “Weed Control
Ordinance for Washington County, Maryland” for adoption. He discussed the revisions
made to the document as requested by the Commissioners during their February 9, 2010
meeting. Mr. Downey stated that all legal requirements necessary for adoption of the
newly revised ordinance have been met. The Commissioners discussed the language
regarding fines and Dan DiVito, Permits and Inspections Director, answered questions
regarding field correction notices and the typical timeframe before a County Highway crew
is sent to mow a non-complying property. Commissioner Wivell questioned the language
regarding fines in the “Enforcement” section and took exception to the $250 amount
imposed for mowing expenses. The Commissioners discussed the proposed 15-foot buffer
area required for lots over one acre where the owner is maintaining an environmentally
responsible wildlife habitat and suggested several changes to the draft Ordinance. The
Commissioners directed Mr. Downey to make the requested changes.
Commissioner Aleshire, seconded by Kercheval, moved to adopt the “Weed Control
Ordinance for Washington County, Maryland” as amended. Commissioner Wivell stated
that he could not support the adoption of the Ordinance as proposed as he thought the
proposed $250.00 fine was excessive and that the ten-day period for compliance should be
thirty days. The motion passed with Commissioners Aleshire, Kercheval and Barr voting
“AYE”, and Commissioners Wivell and Baker “NO”. (Ordinance ORD-2010-03 is located
in the County Commissioners’ Office)
(Commissioner Kercheval was excused from the meeting at 2:23 p.m.)
HOTEL RENTAL TAX FUND REQUEST – FEDERAL LITTLE LEAGUE
Douglas Fiery, Field and Facilities Chair, and Mike Conrad, President, Federal Little
League (Federal), appeared before the Commissioners to request approval for a $15,000.00
interest-free loan from the Hotel Rental Tax Fund, to be paid over a five-year period. Mr.
Conrad detailed that Federal plans to construct a new batting cage at the league to provide
players with practice and coaching time while the one existing field is unavailable. Federal
is providing $22,000.00 toward the $37,000.00 project according to Mr. Conrad. The
Commissioners discussed the proposal and Commissioner Aleshire felt that the funds
should be used for projects that generate tourism in the County. Commissioner Baker
expressed concerns that other organizations would be requesting the same. In addition,
Finance Director Debra Murray stated that using monies from this fund as revolving loan
funds may affect the County’s audit. County Administrator Greg Murray advised Mr.
Conrad and Mr. Fiery that Federal may wish to apply for gaming funds or contact the City
of Hagerstown for assistance. Mr. Conrad and Mr. Fiery thanked the Commissioners and
presented them a commemorative book from the 2008 Little League World Series in which
Federal participated.
(Commissioner Kercheval returned to the meeting at 2:37 p .m.)
February 23, 2010
Page four
SENIOR CENTER AGREEMENT - HAGERSTOWN COMMUNITY COLLEGE
Assistant County Attorney Andrew F. Wilkinson presented drafts of the Senior Center
Agreement and Land Lease Agreement for discussion. These agreements relate to the
proposed Senior Center that will be located at Hagerstown Community College (HCC).
Mr. Wilkinson discussed the changes made thus far during continuing discussions of the
Agreement with HCC and the Commissioners. Under the proposed terms, the County will
lease the required land from HCC for fifty years at a rental rate of $1.00 per year with the
option to renew for another fifty-year term. In addition, the parties will mutually agree to
the exterior design of the facility. Mr. Wilkinson stated that other changes made to the
draft Agreement and Lease include clarification of several insurance provisions, revision of
language relating to the size of the initial facility to 27,000 square feet, and the addition of
language concerning future expansion of the building within the area of the leased
property.
Commissioner Wivell, seconded by Aleshire, moved to adopt the Senior Center Agreement
and Land Lease Agreement as amended. The motion was unanimously approved.
CAPITAL IMPROVEMENT BUDGET DISCUSSIONS (cont.)
Debra Murray continued discussions of long-range projects that have been submitted to-
date. She informed the Commissioners that the General Fund budget is continuing to see
cuts that will result in long-range funding concerns for the County. Ms. Murray stated that
operating budgets would be reviewed during the March 2 meeting. County Administrator
Greg Murray referenced a Fitch Ratings newsletter on public finance that he forwarded to
the Commissioners.
CONVENE IN CLOSED SESSION
Commissioner Aleshire, seconded by Baker, moved to convene in closed session at 3:31
p.m. to discuss the appointment, employment, assignment, and/or performance evaluation
of appointees, employees, or officials over whom it has jurisdiction; and to discuss
personnel matters that affect 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, assignment,
and/or performance evaluation of appointees, employees, or officials over whom it has
jurisdiction; and discussed personnel matters that affect 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; and Vicki Lumm, County Clerk.
RECESS
The Commissioners recessed at 3:38 p.m.
February 23, 2010
Page five
EVENING MEETING – TOWN OF SHARPSBURG
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 7:03 p.m. at
Sharpsburg Town Hall, 106 Main Street, Sharpsburg, with the following members: Vice
President Terry L. Baker and Commissioners Kristin B. Aleshire, and James F. Kercheval.
Commissioner William J. Wivell was absent from the meeting.
MAYOR AND COUNCIL COMMENTS
Mayor Hal Spielman welcomed the Commissioners and thanked them for holding a
meeting in the Town.
APPROVAL OF MINUTES – February 9, 2010 and February 16, 2010
Commissioner Kercheval, seconded by Aleshire, moved to approve the minutes of
February 9, 2010. The motion was unanimously approved.
Commissioner Kercheval, seconded by Baker, moved to approve the minutes of February
16, 2010 with incorporated changes. The motion was unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Baker thanked Mayor Spielman and the Town Council for hosting the
evening meeting in Sharpsburg.
Commissioner Aleshire also thanked the Mayor and Council for their hospitality. He noted
that he attended the Lobbying Coalition meeting in Annapolis where the State’s bleak
economic outlook was discussed. Mr. Aleshire commended his fellow Commissioners for
the ability to discuss issues in a civil manner despite their differences and then move on.
He stated that he felt Art Callaham’s remarks made during the Coalition’s meeting with the
Delegation and Leadership Washington County last week regarding the Senior Center were
inappropriate and did not reflect well on the civil manner in which this elected Board
conducts the public’s business. Commissioner Aleshire also commented that it was
difficult to understand the fact that citizens are sending local elected representatives to
Annapolis and paying for Coalition lobbying efforts, but elected officials were not invited
to join in the meeting during certain portions such as Senator Miller’s, while others not
footing the bill were invited.
Commissioner Kercheval stated that he also attended the meeting in Annapolis and spoke
with State Comptroller Peter Franchot, House Speaker Michael Busch, and P. J. Hogan,
Vice Chancellor-University System of Maryland. He indicated that the Coalition’s goal
this year is to preserve State funding that has been budgeted or promised. He stated that no
large projects are being requested due to the tight money situation. Commissioner
Kercheval described the Lobbying Coalition’s members as City, County, and Board of
Education representatives that work together for Washington County efforts. He reported
attending the United Way luncheon held last week where it fell short of its goal but raised
$1.575 million, which was a very good effort in tough economic times. County
February 23, 2010
Page six
Government employees Kathy Kroboth and Sarah Lankford spearheaded the County
employee drive and were recognized at the luncheon for their outstanding efforts. Mr.
Kercheval thanked County employees for their generosity and all who were involved in the
fundraising efforts. He reported that the Emergency Services Council met last night and
that Car #1810 is in service and fully staffed. A second car in the Rohrersville area is
expected to be in operation in August 2010 and will support emergency services in
Sharpsburg, Boonsboro and Pleasant Valley. He stated that implementation of the new
emergency radio system is moving along with some issues still being worked out. Mr.
Kercheval attended a meeting of the Black Rock Golf Board where it was reported that
revenue was down due to the weather but several new tournaments had been booked for
the season. He noted that Black Rock is selling sponsorships for tee markers and has raised
approximately $6,500.00. He also reported that the Metropolitan Planning Organization
(MPO) is meeting this week for final review of the long-range transportation plan.
Commissioner Barr thanked Mayor Spielman for the opportunity to meet in the Town this
evening. He echoed the comments expressed by Commissioner Kercheval regarding
County employees Kathy Kroboth and Sarah Lankford for their volunteer efforts to
coordinate the United Way and Community Health Charities fund drives for the County
this year. He stated that he attended the Utility Relief Concert held recently at the
Maryland Theatre and congratulated the participants and organizers of the event for their
worthwhile efforts.
OTHER BUSINESS
APPOINTMENTS -ANIMAL CONTROL AUTHORITY
Commissioner Kercheval, seconded by Aleshire, moved to appoint Scott Wishard to a first
full, three-year term as a regular member of the Animal Control Authority, extending to
February 28, 2013; and to appoint Cindy Jackson to a first full, three-year term on the
Authority, extending to January 30, 2013. The motion was unanimously approved.
REAPPOINTMENT/APPOINTMENTS –AREA AGENCY ON AGING
Commissioner Aleshire, seconded by Kercheval, moved to reappoint Elias Shilling to a
second, three-year term on the Agency, extending through January 30, 2013; and to
appoint Blanton Croft and Elizabeth Creech to their first, three-year terms on the Agency,
extending through February 28, 2013. The motion was unanimously approved.
COUNTY ADMINISTRATOR’S COMMENTS
County Administrator Greg Murray reported on the 9-1-1 Emergency System
consolidation and the items that have impacted the merger. He advised that a meeting with
the Sharpsburg EMS went well and some issues were worked out during the meeting. Mr.
Murray explained the tax differential implementation in the municipalities and stated that
the change in procedure allows citizens to be billed by the County and municipalities for
services actually provided.
February 23, 2010
Page seven
CITIZENS PARTICIPATION
Bill Poffenberger, residing on Mondell Road, Sharpsburg, stated that the Commissioners
are doing a great job. He mentioned that many potholes are appearing since the snowstorm,
especially on Mondell Road.
Mayor Spielman requested information on reimbursement for the recent snow events.
Commissioner Kercheval discussed the procedures involved and stated that the
Commissioners would assist the Town in obtaining the forms needed for reimbursement.
ADJOURNMENT
Commissioner Aleshire, seconded by Baker, moved to adjourn the meeting at 7:36 p.m.
The motion was unanimously approved.
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County Administrator
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County Attorney
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County Clerk