HomeMy WebLinkAbout07.06.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
July 6, 2010
President John F. Barr called the regular meeting of the Board of County Commissioners
of Washington County, Maryland to order at 9:03 a.m. with the following members: Vice
President Terry L. Baker and Commissioners Kristin B. Aleslure, 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.
INTRODUCTION OF NEW EMPLOYEE
William Sonnik, Human Resources Director, introduced new County employee Kevin C.
Hemphill, Motor Equipment Operator I in the Highway Department -Southern Section, The
Commissioners welcomed Mr. Hemphill and wished him well in his new position.
APPROVAL OF MINUTES — June S, 2010 and June 15, 2010
Commissioner Aleshire, seconded by Wivell, moved to approve the minutes of June 8,
2010, and the minutes of June 15, 2010 with incorporated changes. The motion passed
unanimously.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Baker stated that he participated in the awards presentation at the
Recreation Department's Tennis Camp held at Hagerstown Community College (HCC).
He was also pari of a team competing in the Barge Bash held in Hancock, and noted that a
new event was held - the Barge Dash — a one -mile run through Hancock. The Tennis Camp
and Barge Dash were sponsored by the County's Recreation Department. He attended the
Town of Williamsport's Fourth of July activities over the weekend and the Elephant Club
picnic. Mr. Baker indicated that he has received calls fiom citizens who are upset with
their new tax assessments and bills. He also reported on complaints received regarding
weed problems and thanked the Permits Department for its assistance.
Commissioner Kercheval reported that he attended the Hagerstown/Eastern Panhandle
Metropolitan Planning Organization (HEPMPO) meeting where the upcoming budget was
finalized. He was present at the Local Management Board meeting where new officers
were elected: Carolyn Brooks, Chair, Kim Mills, Vice Chair, Pete Thomas, Secretary, and
Charles Strong, Treasurer. It was noted during the meeting that the new local hospital is
approximately 165 days from completion. Mr•. Kercheval stated that the Family Center is
closer to renting a new location. He informed the Commissioners that an Urban Growth
Area (UGA) public information meeting was held on July 1, 2010 and another will be held
on July 21 at Springfield Middle School. Commissioner Kercheval attended a Tri -County
Council meeting where it was announced that $275,000.00 in funding for the Aviation
July 6, 2010
Page 2
Maintenance Program for Washington County, and a grant application of $73,000.00 for
the Hagerstown Community College (HCC) Instrumentation Program will likely be
awarded once final allocations for Appalachian Regional Conunission (ARC) funding are
approved by the federal government. Mi•. Kercheval added that other projects might also
receive funding, including projects in Williamsport, the relocation of Shawley Drive, or
Varsity Lane. He advised that a Tri -County Council representative would be scheduled to
give a presentation regarding the ARC grant process to the new Board of Count),
Commissioners following the elections in November. He thanked those who organized and
attended the July 4°i holiday events held in the area.
Commissioner Aleshire stated that he attended the Star Conmiunity's 40'h Anniversary
celebration and an HCC Alumni Association event where Commissioner Kercheval was
also present. Mr. Aleshire noted that during the Commissioners' evening meeting in
Smithsburg, he requested information from Staff as to how the excise tax waiver program
faired concerning monetary figures and the number of permits drawn during its operation.
He attended one of the subcommittee meetings held by the Community Foundation.
Conunissioner Aleshire stated that, concerning the recent approval to move forward with
additional funding for EMS companies, the Commissioners should discuss County funding
policies for companies that may have questionable funding operations that would be
applicable to the current investigation at the Halfway Volunteer Fire Company. He
requested an update of where the bid awards stand for two recent HCC projects.
Commissioner Wivell noted that he also attended the Hancock Barge Bash. He was present
at the Korean War Ceremony held at HCC, stating that it was a nice recognition of
veterans who served in that war.
Commissioner Barr informed his fellow Commissioners that he attended the
groundbreaking for improvements being undertaken at Williamsport Retirement Village.
He also attended the annual United Way dinner and report meeting. Mr. Barr was present
at the dedication of a major expansion of the Emmanuel Baptist Temple and noted that
Permits and Inspections Director Daniel DiVito gave the blessing for the building.
Commissioner Barr attended the 2nd annual Wine and Dine fundraiser for the Antietam
Health Foundation and the Sparkle Dinner and fundraiser for the Maryland Symphony
Orchestra. He also attended the 25t11 Annual Independence Day Celebration at the Antietam
Battlefield. Mr. Barr reported that he and Hagerstown Mayor Robert Bruchey met with the
Miss Maryland Pageant Contestants over lunch sponsored by McDonald's Restaurant.
Commissioner Barr indicated that he received a certified letter from the Board of License
Commissioners (Liquor Board) requesting that he attend a hearing about noise complaints
from a local establishment. He noted that citizens have contacted him requesting the
enactment of a Washington County Noise Ordinance. Mr. Barr stated that no major
Maryland county has opted out of the residential sprinkler requirement to date.
July 6, 2010
Page 3
PUBLIC HE, —PROPOSED REPEAL. ENACTMENT. AND ADOPTION OF
THE FOLLOWING:
- MARYLAND BUILDING PERFORMANCE STANDARDS WITH LOCAL
AMENDMENTS (I.E., THE INTERNATIONAL BUILDING CODE. THE
INTERNATIONAL RESIDENTL41, CODE. THE INTERNATIONAL ENERGY
CONSERVATION CODE, 2009 EDITIONS)
REPEAL OF THE 2006 INTERNATIONAL BUILDING CODE. WITH
LOCAL AMENDMENTS, AND THE 2006 INTERNATIONAL
RESIDENTML CODE, WITH LOCAL AMENDMENTS
ADOPTION/ENACTMENT OF THE INTERNATIONAL PLUMBING CODE,
2009 EDITION: THE INTERNATIONAL MECHANICAL CODE, 2009 EDITION,
AND THE INTERNATIONAL FUEL GAS CODE, 2009 EDITION, ALL WITH
LOCAL AMENDMENTS
- REPEAL OF THE 2006 INTERNATIONAL PLUMBING CODE, SECOND
PRINTING. WITH LOCAL AMENDMENTS, THE 2006 INTERNATIONAL
MECHANICAL CODE. FIRST PRINTING. WITH LOCAL AMENDMENTS
- ADOPTION/ENACTMENT OF THE 2008 NATIONAL ELECTRICAL CODE.
WITH LOCAL AMENDMENTS
--ADOPTION/ENACTMENT OF THE 2008 NATIONAL ELECTRICAL
CODE. WITH LOCAL AMENDMENTS
- REPEAL OF THE 2005 NATIONAL ELECTRICAL CODE, WITH LOCAL
AMENDMENTS
- ADOPTION OF RESOLUTION RELATING TO REVISED FEE
SCHEDULE FOR CIVIL CITATIONS
President Barr convened a public hearing at 9:34 a.m. to obtain citizen comments
regarding the proposal to repeal, enact and adopt various County codes/ordinances. Dan
DiVito, Director, and Angela Smith, Assistant Director -Department of Permits and
Inspections, discussed the proposals with the Commissioners and recommended adoption
of the codes as presented.
Commissioner Bair opened the hearing for public comment. Those speaking in favor of the
requirement for home fire sprinkler systems in new residential construction, to be included
in the 2009 International Residential Code, were Doug Alexander of Mt. Airy, Maryland -
Maryland State Firemen's Association, L. Jason Baer, Maugansville resident and volunteer
firefighter; Larry Iseminger, Fire Protection Engineer -State Fire Marshall's Office; Jason
Mowbray, Deputy Chief -State Fire Marshall's Office; Kathy Hedrick, Charles County
resident and mother of a fallen firefighter; Kevin Lewis, Director -Washington County
Department of Emergency Services; and Doug DeHaven, Fire Marshall -City of
Hagerstown.
July 6, 2010
Page 4
Those speaking against the requirement for home fire sprinkler systems in new residential
construction were Taylor Oliver, President -Oliver Homes; Wes Churchey, a local
honrebuilder, and Tim Fields, a Clear Spring homebuilder.
The public hearing was closed at 11:02 a.m.
CITIZENS PARTICIPATION
Dave Jordan, Executive Director -Community Action Council (CAC), announced that CAC
has received funding from the Maryland Transit Administration to allow continuance of
the Hopewell Express bus service. The Commissioners congratulated Mi•. Jordan and
expressed thanks to Staff for the work done to obtain funding for the service.
PUBLIC HEARING - DISCUSSION (cont.)
The Commissioners continued discussion concerning the repeal, enactment and adoption
of certain proposed County codes/ordinances and whether the State is mandating adoption
of the home fire sprinkler system requirement. Mr. DiVito advised the Commissioners that
a State code official previously informed him that if the County does not adopt the
requirement, it would be lessening the State Code, which is not permitted. Commissioner
Kercheval requested that the local amendment requiring pull-down stairs for attic access be
removed and there was a consensus of the Commissioners to do so. Commissioner Wivell
questioned whether the residential home sprinkler system requirement could only be
applied to homes that are located further from a fire company or water supply. It was the
consensus of the Commissioners to obtain further clarification on the State Code adoption
guidelines and discuss the issue at a future meeting.
PROPOSED ADOPTION OF RULES AND REGULATIONS OF THE BOARD OF
EXAMINERS AND SUPERVISORS OF WASHINGTON COUNTY RELATING
TO ELECTRICAL APPARATUS AND WIRINGIPROPOSED ADOPTION OF
RULES AND REGULATIONS OF THE WASHINGTON COUNTY PLUMBING
AND MECHANICAL BOARD
Mr. DiVito and Ms. Smith presented the proposed revisions to rules and regulations
concerning electrical apparatus and wiring and the Washington County Plumbing and
Mechanical Board. Mr. DiVito advised that, among other modifications, the provisions for
reciprocation licensing and the display of license numbers on contractor vehicles were
revised. He indicated that the rules and regulations formerly contained in the Plumbing
Code are now located in a separate document.
Commissioner Kercheval, seconded by Baker, moved to approve the adoption of the Rules
and Regulations as presented for Electrical Apparatus and Wiring and the Plumbing and
Mechanical Board. The motion passed unanimously.
PROPERTY CASUALTY INSURANCE RENEWALS FOR 2010-2011
Becky Maginnis, Risk Management Administrator, provided details regarding the
recommendation to renew the 2010-2011 policies regarding property casualty insurance
July 6, 2010
Page 5
with the current insurers. The Commissioners discussed the proposal and how the increase
would be handled in the budget.
Commissioner Kercheval, seconded by Baker, moved for renewal of the liability policies
for 2010-2011 placed with Travelers Insurance Company, property policies placed with
Local Government Insurance Trust, and airport liability policy placed with AIG Aviation,
Inc. The motion passed unanimously.
BARBARA INGRAM SCHOOL FOR THE ARTS — TAKE FLIGHT II
Pieter Bickford and Angie Youngblood, Co -Chairs of the Take Flight II civic arts project
to benefit the Barbara Ingram School for the Arts and the Barbara Ingram School for the
Arts Foundation (BISFA), presented information regarding BISFA's latest civic arts
fundraising project involving decorated hot air balloon sculptures in Washington County.
Artist David Monet unveiled the prototype balloon, which will be locally made. Ms.
Youngblood announced that the decorated balloons would be unveiled in spring 2011 and
will be on display until mid June 201 1,when the project will conclude with a Hot Air
Balloon Festival to be organized and held in Washington County.
Commissioner Kercheval moved to sponsor a Take Flight II Hot Air Balloon Sculpture at
the "Soaring Sponsorship" level of $5,000.00 to support the cultural and tourism aspects,
with funds to be taken from the Hotel Rental Tax Fund. County Attorney John Martirano
advised that BISFA has also requested in-kind logistical assistance from the County in
placing and moving the hot air balloon sculptures. Commissioner Kercheval amended his
motion to include in-kind logistical assistance by the County. Commissioner Baker
seconded the motion as amended. The motion passed with Commissioners Kercheval,
Baker, Wivell, and Barr voting "AYE" and Commissioner Aleshire "ABSTAINING".
REPORTS FROM COUNTY STAFF
Public Information Office
County Administrator Greg Murray stated that the Property Tax Differential method had
become effective as of July 1. Norman Bassett, Public Information Officer, detailed the
media outlets used to disseminate information to citizens regarding the change, such as
The Herald -Mail, Hancock Gazette, and Pickett newspapers, WJEJ radio, and the Channel
6 public information television channel. Mr. Bassett also stated that the Town of
Smitlrsburg distributed flyers that are also available in the Washington County Treasurer's
Office, Commissioner Kercheval commented that the recently mailed tax bills could be re-
designed to be more easily read and understood by citizens.
LUNCH RECESS
The Cormnissioners recessed for lunch at 12:12 p.m.
July 6, 2010
Page 6
AFTERNOON SESSION
President John F. Barr called the afternoon session to order at 1:25 p.m. with the following
members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire and
James F. Kercheval.
(Commissioner Wivell was absent from the afternoon session.)
REOUEST TO FILL VACANT POSITIONS
Julie Pippel, Director -Solid Waste Department, and William Sonnik, Human Resources
Director, requested approval to advertise to fill three vacant positions: Deputy Director -
Department of Water Quality, Superintendent of Operations -Department of Water Quality,
and Recycling Coordinator -Department of Solid Waste. Ms. Pippel detailed that the
positions were responsible for performing and ensuring that applicable state and federal
regulations are met and that the positions are essential to the performance and function of
the respective Departments. The Commissioners discussed the first two positions and their
duties.
Cormnissioner Kercheval, seconded by Baker, moved to advertise to fill the Deputy
Director and Assistant Superintendent of Operations positions at the Department of Water
Quality, which are previously budgeted positions that are necessary to take over new
operations that will be coming online in the fall. The motion passed unanimously.
Mr. Engle discussed the duties of the Recycling Coordinator position with the
Commissioners and Commissioner Kercheval suggested changes to the job description to
incorporate the ability for expanded hours, including weekends, to better support the times
when citizens use the recycling services.
Commissioner Kercheval, seconded by Baker, moved to approve to advertise for the
position of Recycling Coordinator, with changes to the job description, including the
ability to work on weekends. The motion passed unanimously.
DRAFT 2009 WATER & SEWERAGE PLAN UPDATE
Tim Lung, Chief Planner -Planning Department, presented the draft 2009 Water and
Sewerage Plan Update to the Commissioners. Mr. Lung noted that various data had been
updated and policy issues were included as previously requested by the Commissioners.
He stated that a public hearing would be scheduled, regulatory requirements would be met,
and a vote for adoption would then be taken. The Commissioners discussed the Plan.
Commissioner Aleshire stated that he did not support how Chapter 5 was written regarding
subsidiary plans.
Commissioner Kercheval, seconded by Baker moved to proceed to a public hearing
relating to the 2009 Water and Sewerage Plan Update as presented. The motion passed
with Commissioners Kercheval, Baker and Barr voting "AYE" and Commissioner
Aleshire "NO".
July 6, 2010
Page 7
CONVENE INCLOSED SESSION
Commissioner Kercheval, seconded by Aleshire, moved to convene in closed session at
2:20 p.m. to discuss the appointment, employment, assignment, discipline, demotion,
removal, resignation, or performance evaluation of appointees, employees, or officials over
whom it has jurisdiction; and to discuss other personnel matters that affect one or more
specific individuals, in accordance with Section 10-508 of the State Govennnent Article of
the Annotated Code of Maryland. The motion passed unanimously.
In closed session, the Commissioners discussed the appointment, employment, assignment,
discipline, demotion, removal, resignation, or performance evaluation of appointees,
employees, or officials over whom it has jurisdiction; and discussed other personnel
matters that affect one or more specific individuals. Present during closed session were
Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, and James F. Kercheval.
Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk;
John Martirano, County Attorney; William Somiik, Director -Human Resources; and at
various times Kevin Lewis, Director -Department of Emergency Services; Tom Brown,
Professional Set -vices Administrator -Department of Emergency Communications; and
Bardona Woods, Director, Department of Emergency Communications.
ADJOURNMENT
Commissioner Aleshire, seconded by Kercheval, moved to adjourn at 2:40 p.m. The
motion passed unanimously.
Cou4ily Adiynistrator
County Attorney
County Clerk