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HomeMy WebLinkAbout11.16.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland November 16, 2010 President John J. Barr called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 8:36 a.m. with the following members present: Vice President Terry L. Baker and Commissioner Kristin B. Aleshire. (Commissioners Kercheval and Aleshire were absent.) CONVENE IN CLOSED SESSION Commissioner Baker, seconded by Aleshire, moved to convene in closed session at 8:36 a.m, to discuss the appointment, employment, assignment, and/or performance evaluation of appointees, employees or officials over whom it has jurisdiction; to discuss a personnel matter that affects one or more specific individuals; to consult with counsel to obtain legal advice; to consult with staff, consultants, or other individuals about pending or potential litigation; and to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed the appointment, employment, assignment, and/or performance evaluation of appointees, employees or officials over whom it has jurisdiction; discussed a personnel matter that affects one or more specific individuals; consulted with counsel to obtain legal advice; consulted with staff, consultants, or other individuals about pending or potential litigation; and considered a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State. Present during closed session were Commissioners John F. Barr, Terry L. Baker, and Kristin B. Aleshire. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney, Kirk C. Downey, Assistant County Attorney, Joe Kroboth, III, Public Works Director, Rob Slocum, Deputy Director, Public Works -Capital Projects, Joe Kuhna, Real Property Administrator, William Sonnik, III, Human Resources Director, Tim Troxell, County EDC Director, Frank Knapp, and Deborah Everhart, City of Hagerstown EDC Director. RECONVENE IN REGULAR SESSION Commissioner Aleshire, seconded by Baker, moved to convene in open session at 9:33 a.m. The motion passed unanimously. INVOCATION AND PLEDGE OF ALLEGIANCE President Barr gave the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. November 16, 2010 Page 2 APPROVAL OF MINUTES — November 9, 2010 Approval of the November 9, 2010 minutes was deferred until the next meeting of the Commissioners. PRESENTATION OF 2010 WASHINGTON COUNTY REDUCE, REUSE, RECYCLE AWARDS Cliff Engle, Deputy Director -Division of Environmental Management, and Cathy Vesely, Chair -Washington County Solid Waste Advisory Commission (SWAG) appeared to present the 2010 "Washington County Reduce, Reuse, Recycle Awards," which were approved by the Commissioners at their meeting held on March 30, 2010. He indicated that nominations were made by the community and evaluated by SWAG. Mr. Engle introduced the following categories and winners: Civic Organization — Boonsboro Green Fest Committee; Non -Profit Business — Habitat for Humanity ReStore; School — Boonsboro High School Recycling Program; Small Business — Hempen Hill BBQ Bar and Catering. Recipients were presented plaques made from recycled material, and a Washington County lapel pin. The recipients thanked the Commissioners for the awards. President Barr indicated that Commissioner Wivell was absent due to a planned vacation and Commissioner Kercheval was attending the convention of the I-81 Corridor Coalition Conference today in Hagerstown and would then be traveling to a meeting in Annapolis. FIRST OUARTER ADJUSTMENTS TO THE BOARD OF EDUCATION'S FY 2011 GENERAL FUND BUDGET Chris South, Chief Financial Officer -Washington County Board of Education (BOE), presented the requested First Quarter Adjustments to the Board's FY 2011 General Fund Budget, which listed increases in the following categories: Revenue ($130,000.00); Instructional Textbooks and Supply ($15,880.00); Student Health Services ($31,500.00); Student Transportation Services ($103,740.00); and Food Service ($15,000.00), and decreases listed in the following categories: Student Personnel Services ($6,000.00); Operation of Plant ($30,120.00), with a net change in fund balance of $0. The Commissioners discussed several line items with Mr. South. Commissioner Aleshire questioned whether extra revenue received from payments made by out -of -county students attending the Barbara Ingram School for the Arts meant that Washington County students were being turned away. Mr. South indicated that he would obtain enrollment information for the School and make it available at the next Commissioners' meeting. COMMISSIONERS REPORTS AND COMMENTS Commissioner Baker stated that he attended a meeting of the Fire and Rescue Communications Advisory Board where the new radio system in mobile units was discussed. He indicated that $10,300.00 had been collected in false alarm fees since the new False Alarm Ordinance was enacted. Commissioner Aleshire had no comments. November 16, 2010 Page 3 Commissioner Barr informed his fellow Commissioners that he attended the annual Veterans' Day Assembly at Clear Spring High School, which featured guest speaker David Sword, coordinator of the new Clear Spring Veterans' Memorial. He indicated that he spoke at a ceremony to honor veterans at the Villages of Robinwood. Mr. Barr described a cutting of the cake ceremony where Paul Shank, a 99 -year old Marine Corps veteran, performed the tradition with a younger veteran. Commissioner Barr also attended the Distinguished Volunteer Recognition Luncheon held by the Western Maryland Chapter of the Association of Fundraising Professionals. Ile noted several Washington County citizens who were honored at the event: Ed Brewer, for over twenty years' service at Fahrney-Keedy I Tome and Village; Roger N. Fairbourn, for his tenacity in fundraising efforts for the Hagerstown Community College Foundation, Inc.; and Pat Halladay, for her work with Brook Lane Health Services. Mr. Barr was present at a Hospice dinner to honor one of its founders, Medical Director Dr. Frederick Kass, III, for thirty years of service and commitment. He reported making opening comments at the 1-81 Corridor Coalition Conference and discussed concerns raised over the projected 70-80% increase in truck traffic on I-81 in the coming years. Commissioner Barr noted that Hagerstown/Washington County Convention and Visitors Bureau President and CEO Tom Riford has been working with a movie production company that was recently filming in Washington County. Mr. Barr and Mr. Riford attended a wrap-up event where the positive impact made to tourism, local hotels, and restaurants in the community was made known. Commissioner Barr reminded his fellow Commissioners and Commissioners -Elect of the Maryland Association of Counties' (MACo) conference to be held on January 5-7, 2011. REPORTS FROM COUNTY STAFF Economic Development Commission Tim Troxell requested approval from the Commissioners to use Recovery Zone Facility Bonds for construction of a three story, 54,000 square foot Class -A professional office building in the Light Business Park off Eastern Boulevard by Capitol Women's Care. He indicated that Washington County had $2.133 million remaining in allocated funds and that Ire successfully lobbied to use $6 million more in leftover funds from other counties for the project, Mr. Troxell advised that the County must first return its $2.133 million to the Maryland Industrial Development Financing Authority for processing. Commissioner Aleshire, seconded by Baker, moved to approve signing the resolution for use of the Recovery Zone Facility Bonds allocation of $2.133 million remaining in the Washington County Fund, to the Maryland Industrial Development Financing Authority, pursuant to the ARRA Act of 2009, for the purpose of issuing Recovery Zone Facility Bonds for the project as described. The motion passed unanimously. (Resolution RS -2010- 22 is located in the County Commissioners' Office) Public Works Public Works Director Joe Kroboth, III reported on discussions held with the Maryland Department of the Environment (MDR) regarding its request that the Commissioners sign a Consent Order for the Devil's Backbone Dam improvement project. Mr. Kroboth November 16, 2010 Page 4 indicated that MDE has agreed to the County's request to extend the start construction duration to sixty days and will clarify that "receipt of permits" implies all permits needed for the project, not only those of MDE. Commissioner Aleshire, seconded by Baker, moved to authorize signing the Consent Order as presented. The motion passed unanimously. OTHER BUSINESS Countv Attornev Assistant County Attorney Andrew F. Wilkinson, requested approval of a resolution to authorize the commencement of condemnation proceedings to acquire 3.6 acres of property for the Runway Protection Zone at the Hagerstown Regional Airport, due to stalled negotiations with the property owner. Commissioner Aleshire, seconded by Baker, moved for approval as presented by Staff. The motion passed unanimously. (Resolution RS -2010-23 is located in the County Commissioners' Office) Assistant County Attorney Kirk C. Downey presented a proposed Decision and Findings of Fact to deny the requested reclassification of zoning for the property in Rezoning Case #RZ-10-003. In that case, the Applicants, Harold Walter and Donald Tollefson, requested a Rural Business floating zone on their property located on the east side of Orchard Ridge Road, north of Millstone Circle near Hancock, consisting of 40 acres. The Commissioners came to a consensus to deny the requested rezoning for reasons outlined in the Decision. Mr. Downey stated that as the Commissioners had read, reviewed, and commented upon the proposed Decision and Findings of Fact, formal adoption was in order. Commissioner Aleshire, seconded by Baker, moved for the adoption of the Decision in Rezoning Case #RZ-10-003. The motion passed unanimously. Commissioner Aleshire asked whether the remand of the Mellott quarry rezoning case would be taken up by the Commissioners before the end of their terms, and if not, whether the hearing process would begin anew with the new Board of County Commissioners. County Attorney John Martirano advised that the current Board would most likely not be considering this matter due to scheduling issues. He further advised that the new Board members would be fully informed about this matter and would be required to review the entire record before participating in any discussions regarding this case. As a result, a new public hearing would be unnecessary. Countv Clerk —Anoointments to Boards and Commissions Public Golf Corooration Commissioner Baker, seconded by Aleshire, moved to appoint Dennis Swope to the Public Golf Corporation for a first, three-year term extending through November 30, 2013. The motion passed unanimously. November 16, 2010 Page 5 Recreation and Parks Commissioner Baker, seconded by Aleshire, moved to appoint Ronald Frey retroactively to the Recreation and Parks Advisory Board for the remainder of his term, from March 11, 2008 through April 30, 2011. The motion passed unanimously. Historical Advisory Committee Commissioner Baker, seconded by Aleshire, moved to appoint Linda Irvin -Craig to the Historical Advisory Committee, as a representative of the Washington County Historical Society. The motion passed unanimously. Department of Environmental Manaeernent Dave Mason, Environmental Engineer -Division of Environmental Management, requested a budget transfer for the Department of Solid Waste to consolidate the Wheel Wash facility, Scale House relocation, and construction and demolition staging area projects into one for better bidding and ease of management purposes, The total amount of project funds after approval of the transfer request would be $1.8 million. Commissioner Aleshire, seconded by Baker, moved for approval as presented. The motion passed unanimously. Countv Administrator County Administrator Greg Murray noted that the MACo Conference scheduled for January 2011 would offer substantial information for newly elected officials. Mr. Murray reported that the present Board of County Commissioners would not meet during the Thanksgiving holiday weck but would be holding its last meeting on November 30. He stated that the Commissioners -Elect would be having orientation sessions with County Staff during the next few weeks. The swearing-in ceremonies for the new Board will be held on December 7 followed by a reception and short business meeting. REPORTS FROM COUNTY STAFF (cont.) Human Resources Cliff Engle, Deputy Director -Division of Solid Waste and William Sonnik, III, Human Resources Director, requested permission to advertise to fill a Motor Equipment Operator (MEO) III position at the Landfill due to a vacancy. He reported that tonnage amounts are down at the landfill but the position is still necessary as supported by a position analysis done by Staff. Commissioner Baker, seconded by Aleshire, moved to approve the request as submitted. The motion passed unanimously. Mr. Sonnik requested a consensus among the Commissioners to submit five names for consideration by the Director of the Maryland Department of Assessments and Taxation, as required by statute, for the position of Supervisor of Assessments. He advised that the November 16, 2010 Page 6 current Director, Jerry Elmore, is retiring at the end of the month, and has recommended Assistant Supervisor Adam Lewis for the position. The successful candidate will be selected by the State of Maryland. Commissioner Aleshire, seconded by Baker, moved to approve the submission of five names to the State of Maryland, as required by law. The motion passed unanimously. CITIZENS PARTICIPATION There was no one present who wished to participate. LEGISLATIVE DISCUSSION — 2011 GENERAL ASSEMBLY Assistant County Attorney Kirk C. Downey presented a list of the 2011 Legislative issues to be discussed with the local Delegation to the General Assembly on December 13, 2010. The issues include: 1) Elimination of mandatory water, sewer, and pretreatment contributions for debt reduction; 2) Authorization for the Sheriff to issue handgun carry permits; 3) Maintenance of the Local Management Board structure and its associated funding; 4) Stormwater Management (SWM) Structure disclosures; and 5) Foreclosure and property maintenance issues. The Commissioners briefly discussed the proposals. Commissioner Baker noted that he might have several additional legislative initiatives to discuss with Staff and the Commissioners before the list is finalized. ADJOURNMENT Commissioner Aleshire, seconded by Baker, moved to adjourn at 10:50 a.m. The motion passed unanimously. County Ad T inistrator 1. ["" 0\'�/-�_ County Attorney e County Clerk