HomeMy WebLinkAbout09.21.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
September 21, 2010
JOINT MEETING WITH WASHINGTON COUNTY BOARD OF EDUCATION
The Board of County Commissioners met with the Board of Education in its auditorium
located at 823 Commonwealth A venue, Hagerstown, Maryland. County Commissioner
President John F. Barr called the meeting to order at 8:37 a.m. In attendance were
President Barr, Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, and
James F. Kercheval. Board of Education (BOE) members in attendance were Paul Bailey,
Ruth Anne Callaham, Wayne Ridenour, Donna Brightman, and Justin Hartings.
CONVENE IN CLOSED SESSION
Commissioner Kercheval, seconded by Baker, moved to convene in closed session at 8:37
a.m. to consider the acquisition of real property for a public purpose and matters directly
related thereto, in accordance with Section 10-508 of the State Government Article of the
Annotated Code of Maryland. The motion passed with Commissioners Kercheval, Baker
and Barr voting "AYE", and Commissioner Aleshire voting "NO". Commissioner Wivell
was absent during the vote.
In closed session, the Commissioners considered the acquisition of real property for a
public purpose and matters directly related thereto. Present during closed session were
Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, and James F. Kercheval.
Commissioner William J. Wivell arrived at 8:43 a.m. Board of Education members present
were Paul Bailey, Ruth Anne Callaham, Wayne Ridenour, Donna Brightman, and Justin
Hartings. Also present were Gregory Murray, County Administrator; Vicki Lumm, County
Clerk; Joe Kroboth, III, Public Works Director; Mike Thompson, Planning Director; and
various Washington County Public School (WCPS) staffmembers.
RECONVENE IN REGULAR SESSION
Commissioner Kercheval, seconded by Baker, moved to reconvene in open session at 9:20
a.m. The motion passed unanimously.
PROCLAMATION TO DR. ELIZABETH MORGAN -2010 NATIONAL
SUPERINTENDENT OF THE YEAR
President Barr presented a proclamation to Dr. Elizabeth Morgan, on behalf of the
Commissioners, in honor of being named "20 IONational Superintendent of the Year". Dr.
Morgan thanked the Commissioners for the recognition. She also displayed her portrait,
commissioned by the Washington County Retired School Administrators and painted by
local graduate Marjorie Tressler, to recognize her achievements. Dr. Morgan noted that she
has been invited to participate in a panel for "Education Nation", a weeklong special
segment to be aired on NBC next week.
September 21,2010
Page 2
FOURTH OUARTER BUDGET ADJUSTMENTS -FY 2010
Washington County Public Schools (WCPS) Director of Accounting David E.
Brandenburg, presented the requested adjustments to the Fourth Quarter FY 2010 General
Fund Budget, by decreasing the following categories: Administration $152,847.00,
Instructional Salaries $450,167.00, Special Education $23,679.00, Student Health Services
$40,536.00, Student Transportation Services $26,808, Operation of Plant $254,668.00,
Capital Outlay $4,657.00 and Fixed Charges $75,133.00; and by increasing the following
categories: Revenue $155,918.00, Mid-Level Administration $33,221.00, Instructional
Textbooks and Supply $47,502.00, Other Instructional Costs $27,895.00, Student
Personnel Services $7,370.00, Maintenance of Plant $1,093,312.00, and Food Service
$252.00 for a net decrease in fund balance of$25,139.00.
Commissioner Kercheval, seconded by Baker, moved to approve the requested FY 2010
Fourth Quarter Budget adjustments for a net change in the Fund Balance of $25,139.00.
The motion passed unanimously.
CALL TO ORDER
President John F. Barr called the regular meeting of the Board of County Commissioners
of Washington County, Maryland to order at 10:05 a.m. in Room 227, 100 West
Washington Street, Hagerstown, Maryland 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 -August 30 and August 31, 2010
Commissioner Kercheval, seconded by Aleshire, moved to approve the minutes of August
30 and August 31,2010. The motion passed unanimously.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Baker stated that he attended the "Princess Day" event at Hagerstown
Community College sponsored by the County's Recreation Department. He also reported
on the Emergency Services Advisory Council meeting where members reviewed a
progress report on false alarms.
Commissioner Kercheval noted that he attended meetings of the Local Management Board,
Black Rock Golf Board, and Downtown Development Committee. He participated in a
teleconference of the 1-81 Corridor Coalition and announced that Washington County
would be host to the Coalition's conference scheduled for November 15-16,2010 at the
Plaza Hotel. Mr. Kercheval stated that he enjoyed judging the "Candidate Karaoke" contest
during the recent Maugansville Pride Days and congratulated the Ruritan Club for holding
a nice community event. He indicated that the Hagerstown Eastern Panhandle Metropolitan
September 21, 2010
Page 3
Planning Organization (MPO) met last week and is updating its bylaws. Commissioner
Kercheval attended the Strategic Planning event sponsored by the Economic Development
Commission (EDC), which considered the development of a long-term Economic
Development Infrastructure Needs Plan(Plan) in Washington County. The Plan would
allow the Commissioners to consider prioritized lists of the infrastructure needed to
stimulate economic development in the County when developing the annual ClP budget.
He noted the importance of Senator Mikulski's announcement last week ofa $115 million
federal grant to Washington County for the expansion of high-speed broadband Internet.
Commissioner Kercheval mentioned the recent passing of local businessman John
Waltersdorf and offered condolences to his family. He recognized the many
accomplishments and philanthropic efforts of Mr. Waltersdorfin the community.
Commissioner Aleshire indicated that he attended a meeting of the Hancock Mayor and
Council. He participated in the Antietam Creek cleanup sponsored by the Antietam Creek
Watershed Alliance, and thanked the 145 volunteers who took part in the event. Mr.
Aleshire also participated in the EDC Strategic Planning meeting and attended the
dedication of the Newcomer House at the Antietam National Battlefield. He reported
attending the "Remembrance in the Park" Service held last week in Hagerstown's City
Park and Maugansville Pride Days. Commissioner Aleshire was present at the local
Lobbying Coalition meeting and the rededication held at historic Rose Hill Cemetery. He
participated in a focus group subcommittee meeting sponsored by the Community
Foundation. Mr. Aleshire requested updated information on the contract for the STEM
building contract at Hagerstown Community College (HCC). He informed his fellow
Commissioners that he had submitted a separate letter of comment regarding the Record of
Environmental Consideration (REC) for the transfer of Fort Ritchie. Commissioner
Aleshire stated that he would like to discuss the possibility of sponsoring another
Residential Stimulus Program after reviewing the report from the first one held in the
spring. He reported attending a Commission on Aging meeting. Commissioner Aleshire
publicly thanked Senator Donald Munson for his years of service to Washington County
and noted the "Recipe for Good Government" that he received from the Senator at the start
of his political career. He congratulated Delegate Chris Shank for his primary election win.
Mr. Aleshire indicated that he had obtained a list of Frederick County's proposed
legislative items and that he may be presenting some of them during the County's
legislative list development discussion.
Commissioner Wivell referred to the letter of comment sent by the Commissioners on the
REC for Fort Ritchie and stated that he felt the words "at zero cost" should be inserted
regarding the transfer of the water system to the County. He planned to send his own
follow-up letter. Mr. Wivell commented that an email received from Planning Director
Mike Thompson outlined an aggressive Urban Growth Area (UGA) schedule. He
questioned whether transferable development rights (TDRs) would be incorporated into the
document. County Administrator Greg Murray stated that TDRs are addressed in the Water
Resources Element, which is part of the UGA. In answer to his question of the progress
being made on the Transit Center behind 100 West Washington Street, Mr. Murray advised
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Page 4
that rock-digging tools had to be obtained to work on the underground drainage system and
an old storm drain had to be completely replaced. He stated that all work done to date had
been anticipated.
Commissioner President Barr reported that he attended the Rose Hill Cemetery
rededication and the 95 th Anniversary Celebration fundraiser for the Maryland Theatre. He
was present at a flag dedication ceremony in Hancock sponsored by the Woodmen of the
World to honor fire and rescue personnel killed in the 9111/01 event. Mr. Barr indicated
that he and hundreds of participants enjoyed the Knob Hall Winery's first "Wine Fest"
held to benefit Breast Cancer Awareness. He noted that he and Greg Murray attended a
meeting with HCC President Guy Altieri to sign the final Memorandum of Understanding
(MOD) for the Senior Center to be built at the College. Commissioner Barr stated that he
attended the Washington County Arts Council cookbook fundraiser and also spoke at the
Newcomer House and Visitor Center dedication. He attended the Remembrance in the
Park event and National Anthem Day at Old Forge Elementary. Mr. Barr was present at the
EDC summit and presentation at HCC on Monday. He also publicly thanked Senator
Mikulski for the recent broadband grant and all of her efforts made on behalf of Western
Maryland. Commissioner Barr read an email from John and Pam Schnebly, a seventh
generation Clear Spring farming family, expressing their appreciation for a recent tax relief
to farmers and urging continued agricultural funding.
CITIZENS PARTICIPATION
There was no one present who wished to participate.
JFK 50-MILE ULTRA-MARATHON
Tom Riford, President, Hagerstown-Washington County Convention and Visitors Bureau,
and Mike Spinnler, Director-JFK 50-Mile Ultramarathon Event, appeared before the
Commissioners to request funding assistance for police and emergency services for the
upcoming race on November 20,2010. Mr. Riford noted the history of the 48-year old
event and praised its positive publicity and economic impact to the community. Mr.
Spinnler indicated that the race attracts over 1,000 participants and that some of the
proceeds are donated to veterans groups and other charities. He estimated that 88 hours of
police and emergency services would be required at a cost of approximately $3,960.00.
Motion made by Commissioner Baker, seconded by Wivell, to provide the requested
assistance for the JFK 50-Mile Ultramarathon event, in the approximate amount of
$3,960.00, with funds to be taken from the County's Hotel Rental Tax Fund. The motion
passed unanimously.
Commissioner President Barr presented a proclamation to Mr. Spinnler and Mr. Riford in
commemoration of the event.
September 21,2010
Page 5
OTHER BUSINESS
County Administrator's Comments
Greg Murray noted that the Maryland Theatre's recent fundraising campaign kickoff was
in anticipation of its 100th Anniversary in five years. He also stated that the Commissioners
had previously approved the Senior Center MOU mentioned by Commissioner Barr. Mr.
Murray commented that Washington County is fortunate to be hosting the 1-81 Coalition
event described by Commissioner Kercheval and indicated its importance to the
community.
Rob Slocum, Deputy Director, Public Works-Capital Projects, provided an update to the
Commissioners on the progress of the Transit Center. He described several situations
encountered during excavation and stated that the project was moving along well. In
response to questions from the Commissioners, he stated that he was not aware of whether
the privately owned parking garage in Wareham Alley would to be torn down or
refurbished.
REPORTS FROM COUNTY STAFF
Human Resources
Dee Hawbaker, Deputy Director-Human Resources, requested permission to advertise to
hire a Senior Office Associate, Grade 8, in the Sheriff's Patrol Records Division. Sheriff's
Department Sgt. Robert Leatherman described the position's duties and responsibilities.
Commissioner Kercheval, seconded by Aleshire, moved to approve the request as
presented. The motion passed unanimously.
Public Works
Joe Kroboth, III, Public Works Director, informed the Commissioners that the Washington
County Free Library project bid would occur on October 6. He announced that a public
information meeting would be held on September 29 at 7:00 p.m. at Shaffer Park in
Boonsboro regarding the Marble Quarry Bridge project. He advised that staff met with
Maryland Department of Transportation officials last week for a pre-tour discussion before
the Annual Transportation Tour meeting scheduled for September 30 at 10:00 a.m. in the
County Administration Building.
Commissioner Kercheval questioned rights-of-way and road construction on Yale Drive.
Mr. Kroboth described the 3-lane road currently being constructed with a center turn lane,
which could be converted into a 4-lane divided highway in the future.
FINAL ALIGNMENT OF SOUTHERN BOULEVARD PHASE I (RDI 040)
Joe Kroboth, III, Public Works Director, and Rob Slocum, Deputy Director, Public Works
Capital Projects, requested approval from the Commissioners for the final alignment of
Southern Boulevard-Phase I, and also to request the State Highway Administration's
(SHA) participation in the right-of-way settlement at the intersection of Southern
September 21, 2010
Page 6
Boulevard and Frederick Streets, pending SHA's direction on design of the intersection.
Mr. Kroboth provided details of the two phases of the project, the options being
considered, and the approximate cost estimates. Engineering staff has determined that a
roundabout would be preferable at a proposed intersection due to sight distance limitations,
noting that SHA is moving toward the use of roundabouts versus traffic lights to eliminate
vehicle idling exhaust. It was the consensus of the Commissioners to direct Mr. Kroboth to
discuss the options with SHA including the proposed roundabout.
CHANGE ORDER (RD-RW-211-10) ROBINWOOD DRIVE CORRIDOR
Rob Slocum and Scott Hobbs, Chief-Capital Projects, requested approval for Change
Order #3, Contract No. RD-RW-211-10 at the Robinwood Drive Corridor for $79,696.00.
Mr. Hobbs detailed that stormwater management issues present a unique challenge on the
project and that an underground solution may address the problem. He noted that an
additional 141 days would be required to complete the design but that the project is
currently under budget.
Commissioner Kercheval, seconded by Aleshire, moved to approve the Change Order to
AB Consultant/Sabra Wang Associates (AB/SWA) for $79,696.00 and 141 additional days
for Robinwood Drive Corridor engineering services. The motion passed unanimously.
RECESS FOR LUNCH
The Commissioners recessed at 11 :50 p.m. for lunch.
AFfERNOON SESSION
President John F. Barr called the afternoon session to order at 1: 15 p.m. with the following
members: Vice President Terry L. Baker, Commissioners Kristin B. Aleshire, James F.
Kercheval, and William J. Wivell.
PUBLIC HEARING -2011-2021 SOLID WASTE MANAGEMENT
AND RECYCLING PLAN
The Commissioners convened a public hearing at 1:15 p.m. to obtain public comment on
the proposed Solid Waste Management and Recycling Plan for 2011-2021 (Plan). Bill
Stachoviak, Environmental Planner-Planning Department, detailed the proposed
recommendations. He requested that the Commissioners adopt the Plan and authorize its
submission to the Maryland Department of the Environment (MDE) in accordance with the
Code of Maryland Regulations (COMAR). The Commissioners discussed the document.
Commissioners Aleshire and Kercheval stated that the Plan lacked action details on how to
accomplish goals and was generally not strong enough. Commissioner Barr felt that it was
a "worst case scenario" plan.
Commissioner Barr opened the hearing for public comment.
Richard Schulman of7711 Dam No.4 Road. Williamsport, and a member of County's
Solid Waste Advisory Commission (SW AC), commented on the Plan. He felt that some
September 21, 2010
Page 7
sections were inconsistent and wondered why there was nothing mentioned regarding
government waste reduction and the prison system. He noted that SWAC would be
meeting on Thursday and would discuss the Plan. The Commissioners requested that
SWAC's comments be forwarded to staff after the meeting.
Barbara Wetzel of 112 Della Lane, Boonsboro, and a representative of the Boonsboro
Recycling Task Force and Town Council member, spoke on behalf of the Task Force. She
expressed the opinion that the Plan lacked detail, particularly in its Plan of Action section.
The public hearing was closed at 1 :52 p.m.
By consensus, the Commissioners directed Mr. Stahoviak to develop changes that would
improve the document, with staff obtaining comments from SW AC, and then return before
them at a future meeting before the end-of-year deadline.
ROSEWOOD VILLAGE PLANNED URBAN DEVELOPMENT (PUD) REVISION
fRZ-IO-004)
Mike Thompson, Planning Director, and Tim Lung, Chief Planner-Planning Department,
presented information regarding proposed revisions to the Rosewood PUD (RZ-l 0-004) as
outlined in the application and presented at the public hearing held on August 30, 2010.
The Applicant is seeking to increase the percentage of commercial uses in the PUD from
12% to 17.89%. Mr. Lung detailed the request and stated that the Washington County
Planning Commission has recommended approval of the proposed amendment. The
Commissioners discussed the proposal.
Commissioner Kercheval, seconded by Wivell, moved to approve the proposed revisions
to the Rosewood PUD as outlined in the application for RZ-l 0-004 and presented at a
public hearing held on August 30, 2010. The motion passed with Commissioners
Kercheval, Wivell, Baker, and Barr voting "AYE" and Commissioner Aleshire voting
''NO''.
RESOLUTION FOR ENDORSEMENT OF MEDAF LOAN AND LOCAL
INCENTIVE -VT INDUSTRIES, INC.
Tim Troxell, EDC Director, appeared before the Commissioners to recommend approval
ofa resolution endorsing the State of Maryland's $150,000.00 Maryland Economic
Development Assistance Fund (MEDAF) loan and a $112,500.00 conditional loan from
the County to VT Industries, Inc. (VT). Mr. Troxell indicated that VT would bring
approximately 75 new jobs to the County at an average wage of$14.50 per hour. The
company is moving into the former location of Kongsberg Automotive in the Western
Maryland Parkway and plans to invest $8-12 million in the facility and be in operation by
the first quarter of2011.
September 21, 2010
Page 8
Commissioner Wivell, seconded by Kercheval, moved to approve the resolution as
presented. The motion passed unanimously. (Resolution RS-2010-19 is located in the
County Commissioners' Office)
CONTRACT A WARD -MOUNT AETNA SlJPPLEMENT AL WATER SlJPPLY
(PlJR-1140)
Karen Luther, Purchasing Agent, presented information on the bid award proposed for the
Mount Aetna Supplemental Water Supply (PUR-l 140). Mark Bradshaw, Deputy Director,
Environmental Management-Engineering, described the project and indicated that
Fayetteville Contractors, Inc. of Fayetteville, Pennsylvania, was the responsible,
responsive bidder with the lowest bid.
Commissioner Kercheval, seconded by Aleshire, moved to award the bid to the
responsible, responsive bidder with the lowest bid, FayettevlIIe Contractors, Inc. of
Fayetteville, Pennsylvania, for the grand total bid (base and contingent) of $456,562.00.
The motion passed unanimously.
AlJTHORIZE USE OF CERTIFICATES OF GlJARANTEE FOR PRIVATE
DEVELOPMENT
Joe Kroboth presented information on the proposal to provide private developers with
another method ofposting sureties for infrastructure projects by using Certificates of
Guarantee. Mr. Kroboth indicated that the company is a cooperative collaboration among
developers from various areas throughout the State who have posted assets as guarantees
for infrastructure projects in the State.
Commissioner Wivell, seconded by Kercheval, moved to authorize the use of Certificates
of Guarantee for private developers to post for subdivision infrastructure in addition to the
traditional performance bonds, letters of credit, and maintenance bonds. The motion passed
unanimously.
DISABLED AMERICAN VETERANS DISCUSSION
Ernie Unger, Adjutant, Disabled American Veterans Chapter 14 addressed the
Commissioners regarding a request from the organization for the abatement of landfill
fees. The Commissioners discussed the request and other service member-connected
benefits/services that are available to veterans. Greg Murray noted that the landfill operates
as an enterprise fund that is dependent on fees to cover its costs of operation.
Commissioner Wivell stated that the subject should be addressed during the budget
discussions in the spring. Commissioner Aleshire agreed, but questioned what criteria
would be used in considering relief that may be requested by other organizations.
September 21,2010
Page 9
CONVENE IN CLOSED SESSION
Commissioner Kercheval, seconded by Baker, moved to convene in closed session at 2:55
p.m. to discuss the appointment, employment, assignment, compensation, and/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
consider a matter that concerns the proposal for a business or industrial organization to
locate, expand, or remain in the State; to discuss a matter directly related to the contents of
a bid or proposal, as public discussion or disclosure would adversely impact the ability of
the public body to participate in the competitive bidding or proposal process; and to
consult with counsel to obtain legal advice, in accordance with Section 10-508 of the State
Government Article of the Annotated Code of Maryland. The motion passed with
Commissioners Kercheval, Baker, Wivell and Barr voting "AYE" and Commissioner
Aleshire "NO".
In closed session, the Commissioners discussed the appointment, employment, assignment,
compensation, and/or performance evaluation of appointees, employees, or officials over
whom it has jurisdiction; discussed personnel matters that affect one or more specific
individuals; considered a matter that concerns the proposal for a business or industrial
organization to locate, expand, or remain in the State; discussed a matter directly related to
the contents of a bid or proposal, as public discussion or disclosure would adversely impact
the ability of the public body to participate in the competitive bidding or proposal process;
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 Carolyn
Motz, Airport Director; Greg Larsen, Airport Business Development Manager; Joe
Kroboth, III, Public Works Director; Rob Slocum, Deputy Director, Public Works-Capital
Projects; Vicky McKenzie, Project Manager; and Karen Luther, Purchasing Agent.
ADJOURNMENT
Commissioner Aleshire, seconded by Wivell, moved to adjourn at 4:13 p.m. The motion
passed unanimously.
County Clerk