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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. ________________________________ County Administrator ________________________________ County Attorney _____________________________ County Clerk