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July 10, 2007
Hagerstown, Maryland
The Commissioners met at 8:30 a.m. at Next Dimensions Dining and
Catering, to participate in the Washington County Soil
Conservation District’s award ceremony for the Outstanding
Conservation Farmer, Sustaining Conservation Farmer, and
Conservation Stewardship Initiative awards. The award winners
are selected for their commitment to soil and water conservation
through the installation and maintenance of best management
practices relating to their farm operations. The Outstanding
Conservation Farmer award was presented to Samuel Hunter, the
Sustaining Conservation Award was presented to Price and Price
Farming, and the Conservation Stewardship Initiative award was
presented to David and Patricia Schooley.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 10:30 a.m. by
President John F. Barr with the following members present: Vice
President Terry L. Baker, Commissioner Kristin B. Aleshire and
James Kercheval. (Commissioner Wivell was absent.)
CONVENE IN CLOSED SESSION
Motion made by Commissioner Baker, seconded by Kercheval, to
convene in closed session at 10:44 a.m. to discuss the
appointment, employment, and/or assignment of appointees,
employees or officials over whom it has jurisdiction; discuss
personnel matters that affect one or more specific individuals;
and consult with counsel to obtain legal advice, in accordance
with Section 10-508 of the State Government Article of the
Annotated Code of Maryland. Unanimously approved.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Kercheval, seconded by Baker, to
reconvene in open session at 11:01 a.m. Unanimously approved.
In closed session, the Commissioners discussed the appointment,
employment, or assignment of appointees, employees or officials
over whom it has jurisdiction; discussed a personnel matter that
affects one or more specific individuals; and consulted with
counsel to obtain legal advice. Present during closed session
were Commissioners John F. Barr, Terry L. Baker, Kristin B.
Aleshire, and James F. Kercheval. Also present at various times
were Gregory Murray, County Administrator; John Martirano,
County Attorney; and Joni Bittner, County Clerk.
INTRODUCTION OF AUDIO STREAMING – INTERNET ACCESS
Greg Murray, County Administrator, informed the Commissioners
that the County Commissioners meetings will now be transmitted
live through the Internet. He explained that a link on the
Washington County Webpage (www.washco-md.net) “Listen to
Commissioners Meeting Live” will allow citizens to listen to the
meetings in progress.
Mr. Murray reminded the Commissioners that they would be holding
an evening meeting tonight in the Town of Clear Spring at 7:00
p.m. at the Clear Spring Branch Library.
Motion made by Commissioner Kercheval, seconded by Aleshire, to
approve the live audio streaming of the County Commissioners
meetings on the Internet. Unanimously approved.
RADIO COMMUNICATIONS PROJECT – CHANGE ORDER
Joe Kroboth, Director of Public Works, and Pete Loewenheim,
Manager of the Communications Maintenance Department, met with
the Commissioners to request approval of a change order for the
Radio Communications Project in the amount of $150,000. Mr.
Kroboth explained that the change order would allow L. Robert
Kimball & Associates to proceed with consulting services as
needed through the project build-out and implementation phase.
Mr. Loewenheim outlined the consulting services covered in the
contract. He stated that this amount is a not-to-exceed figure
and that the consultant will only be used on an “as needed”
basis. The meeting was then opened for discussion and
questions.
JULY 10, 2007
PAGE TWO
Motion made by Commissioner Kercheval, seconded by Aleshire, to
approve the change order with L. Robert Kimball & Associates in
an amount not to exceed $150,000 for the radio communications
project to continue to provide consulting services as needed
through the project build-out and implementation phase.
Unanimously approved.
GOVERNOR’S OFFICE FOR CHILDREN – FY 2008 BUDGET FOR WASHINGTON
COUNTY COMMUNITY PARTNERSHIP FOR CHILDREN AND FAMILIES
Stephanie Stone, Director of the Washington County Community
Partnership for Children and Families (WCCP), and Bob Jones,
Fiscal Specialist, presented the FY 2008 Community Partnership
Agreement budget as awarded to the WCCP by the Governor’s Office
for Children. The budget is proposed for the following
projects: Early Intervention and Prevention Funding - $92,150;
Diversion Program - $137,700; Child and Family Team Facilitator
- $60,000; Child Advocacy Center Detective - $40,000; Washington
County Teen Pregnancy Prevention Coalition - $98,941; Hagerstown
Community College Teen Parent Program - $42,000; Family Center
Support Services - $30,000; Infants and Toddlers Program -
$17,000; Workforce Development - $43,000 (Transitional Youth
Work Experience Program and Summer Youth First Time Work
Experience Program); Substance Abuse Prevention - $70,000 for a
total of $630,791. Ms. Stone stated that the WCCP
administrative budget is $269,354 and program awards/contracts
budget is $897,366 for a total of $1,166,720. Ms. Stone stated
that this is a three-year agreement with the State.
Motion made by Commissioner Baker, seconded by Kercheval, to
approve the FY 2008 Community Partnership Agreement budget as
awarded to the Washington County Community Partnership for
Children and Families by the Governor’s Office for Children for
a total of $1,166,720, which will not require any local funding.
Unanimously approved.
GENERAL DISCUSSIONS – EXCISE TAX
John Schnebley, Chair of the Excise Tax Task Force, met with the
Commissioners to discuss general goals for the Task Force. Mr.
Schnebly stated that the Task Force had held a preliminary
meeting with County staff and reviewed the ordinances that are
now in effect. He noted that they discovered certain “safe
havens’ that are being taken advantage of under the current
ordinance, including senior housing and homes under 1,500 square
feet. Commissioners Kercheval and Aleshire provided handouts of
suggested items for the Task Force to consider in its review of
the Excise Tax. They also provided more specific information on
their recommendations and asked that the Task Force attempt to
address these issues. The Commissioners also discussed the
possibility of using a sliding scale based on square footage to
determine the excise tax for a home rather than a set fee.
Commissioner Kercheval asked that the Task Force research and
establish a model to determine what needs to be generated from
the excise tax to meet the infrastructural needs for schools.
Commissioner Baker stated that he feels the residential fees
should be based on square footage and asked that the Task Force
help address any existing loopholes in the Ordinance. The
Commissioners recommended some type of incentive be established
to encourage more redevelopment of existing housing in the urban
areas.
The Commissioners also discussed commercial fees, which are
focused on meeting transportation needs. They agreed that the
main focus of the Task Force should be on residential
development due to the deadline for the report of September 30
as included in the legislation. Mr. Schnebly summarized that
the Commissioners would like the Task Force to construct their
own needs analysis based on assumptions regarding the number of
units being constructed and number of students coming out of
those units and develop a calculation on the County’s revenue
requirements based on the cost of school construction.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Baker, seconded by Kercheval, to
convene in closed session at 12:27 p.m. to discuss the
appointment, employment, and/or assignment of appointees,
employees or officials over whom it has jurisdiction; discuss
personnel matters that affect one or more specific individuals;
and consult with counsel to obtain legal advice, in
JULY 10, 2007
PAGE THREE
accordance with Section 10-508 of the State Government Article
of the Annotated Code of Maryland. Unanimously approved.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Aleshire, seconded by Baker, to
reconvene in open session at 12:27 p.m. Unanimously approved.
In closed session, the Commissioners discussed the appointment,
employment, or assignment of appointees, employees or officials
over whom it has jurisdiction; discussed personnel matters that
affect one or more specific individuals; and consulted with
counsel to obtain legal advice. Present during closed session
were Commissioners John F. Barr, Terry L. Baker, Kristin B.
Aleshire, and James F. Kercheval. Also present at various times
were Gregory Murray, County Administrator; John Martirano,
County Attorney; Dee Hawbaker, Acting Human Resources Director;
and Joni Bittner, County Clerk.
RECESS
The Commissioners recessed at 1:34 p.m.
EVENING SESSION – TOWN OF CLEAR SPRING
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 7:00 p.m. by
President John F. Barr with the following members present: Vice
President Terry L. Baker, and Commissioners Kristin B. Aleshire,
and James F. Kercheval.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Commissioner Barr, followed by
the Pledge of Allegiance to the Flag by the full assemblage.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Aleshire stated that he attended the groundbreaking
ceremony for the new wet labs at Hagerstown Community College
(HCC). He also attended the luncheon for the Miss Maryland
Scholarship Pageant contestants as well as the Salute to
Independence and the City of Hagerstown’s fireworks display on
July 4. Commissioner Aleshire informed the Commissioners that
he has received a number of calls from residents in the Beaver
Creek area who are in opposition to a rezoning application for
property in that area. He indicated that it is important for
residents to understand that turning down the rezoning would not
prohibit commercial development from being constructed in this
area since the majority of the parcel and adjoining land is
currently zoned for that use and included in the Urban Growth
Area. Commissioner Aleshire thanked the County staff for their
prompt responses to his recent e-mail requests.
Commissioner Kercheval informed the Commissioners that he
attended the HCC groundbreaking and the City of Hagerstown’s
fireworks display. He provided an overview of items discussed
at the Planning Commission meeting. Commissioner Kercheval
stated that Maryland Association of Counties Legislative
Committee meets tomorrow in Annapolis. He suggested that the
Commissioners send a letter to Governor O’Malley thanking him
The Baltimore Sun
for the comments he made in that he would not
balance the State budget through local government cuts.
Commissioner Kercheval commented on an electrical transmission
line that would be routed through the southern part of
Washington County. He asked staff to keep close contact on the
progress and future location of the project and keep the
Commissioners updated in order to allow ample time for them to
comment to approving agencies regarding the County’s concerns.
Commissioner Barr provided additional information and stated
that he spoke to a representative from Allegheny Power who
agreed to update him on the status of the project.
Commissioner Baker stated that he is glad that they have resumed
evening meetings in the municipalities. At Commissioner Baker’s
request, Greg Murray, County Administrator, provided information
on the new live audio streaming that allows citizens to listen
to the Board of County Commissioners’ meetings live through
Internet access. Commissioner Baker stated that he attended a
ribbon-cutting ceremony in Hancock for the re-watering of the
C&O Canal and the rehabilitation of Berm Road. He
JULY 10, 2007
PAGE FOUR
informed the Commissioners that he assisted with the Recreation
Commission’s annual 5-K road race in Williamsport and with the
Mason-Dixon Tractor Pull event.
Commissioner Barr informed the Commissioners that he visited
with the Greenway Sojourners when they were in Williamsport. He
stated that the Sojourners are the first group making the
bicycle trek from Washington,
D.C. to Pittsburgh, Pennsylvania, using the Great Allegheny
Trail.
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Commissioner Barr stated that he attended the 22 Salute to
Independence
at the Antietam Battlefield. He also participated in a CEO
orientation held at the University System of Maryland campus and
presented a proclamation at the Hagerstown Suns baseball game
designating “Nora Roberts Night.” Commissioner Barr stated that
he attended the opening of the “Key Ingredients – America By
Food” display at the Rural Heritage Museum. He indicated that
he met with property owners of the farm adjoining the
Agricultural Education Center regarding the possibility of their
contributing additional acreage for the Center.
APPROVE THE CONVEYANCE OF SURPLUS PROPERTY TO TOWN OF CLEAR
SPRING
Joe Kuhna, Real Property Administrator, asked the Commissioners
to approve the conveyance of surplus property no longer needed
for public use to the Town of Clear Spring. Mr. Kuhna explained
that the two parcels were conveyed to the County in 1974 to
address drainage issues. He stated that both parcels are within
the 100-year flood plan and have no development potential. Mr.
Kuhna recommended that the County retain a perpetual drainage
easement on both parcels.
Motion made by Commissioner Aleshire, seconded by Kercheval, to
approve the conveyance of two parcels (Parcel 323-1/North Martin
Street and Parcel 28/Bragunier Farms) of surplus property no
longer needed for public use to the Town of Clear Spring as
presented with the County to retain perpetual drainage easements
on both parcels. Unanimously approved.
COUNTY ADMINISTRATOR COMMENTS
Greg Murray, County Administrator, thanked the citizens of the
Town of Clear Spring for attending the meeting. Mr. Murray
stated that the first meeting of the Urban Growth Area Task
Force is scheduled for July 26.
APPROVAL TO ADVERTISE POSITIONS – HIGHWAY DEPARTMENT
Motion made by Commissioner Aleshire, seconded by Baker, to
approve advertising to fill two vacant Equipment Operator II
positions at the Highway Department. Unanimously approved.
EMPLOY DIRECTOR OF ENVIRONMENTAL MANAGEMENT
Motion made by Commissioner Kercheval, seconded by Baker, to
employ Julie Pippel to the position of Director of Environmental
Management (Grade 19) at a salary of $72,000. Unanimously
approved.
CITIZENS’ PARTICIPATION
Jeff Cline, District Vice-President for Maryland Municipal
League, stated that it is a positive sign that the Commissioners
are holding their meetings in the municipalities.
Betty Shank cited the need for an updated Historical Sites
Survey in Washington County and asked the Commissioners to
consider budgeting the necessary funds. She urged them not to
allow more intensive development around the smaller
municipalities. She asked that the Commissioners appoint a
municipal representative to the Urban Growth Area Task Force.
Commissioner Kercheval provided her with a roster of the Task
Force and informed her that Jeff Cline was appointed to
represent the local Maryland Municipal League and that there is
also a representative from the City of Hagerstown’s Planning
Commission. Ms. Shank suggested the need for additional
recycling regulations to lessen the flow going into the
landfill. Commissioner Kercheval provided information on the
plasma arc gasification technology that is being used to prolong
landfill space in other areas.
JULY 10, 2007
PAGE FIVE
Jerry Ditto informed the Commissioners that the Maryland
Department of Agriculture has a pesticide container-recycling
program that could possibly be expanded to include other plastic
containers. He emphasized the need for additional parking space
at the Agricultural Education Center.
Jack Grier, a resident of the Beaver Creek area, expressed
concerns regarding a proposed rezoning in that area. He urged
the Commissioners to deny the pending rezoning application to
place a parcel of land on Beaver Creek Road in the Urban Growth
Area (UGA). Commissioner Aleshire noted that, even if the
rezoning application is denied, the property owner could still
build a large-scale commercial development on adjoining land
which is currently zoned Highway Interchange and is located in
the UGA.
Phillip Downs questioned a recent article in the Herald Mail
that indicated that the Commissioners may consider reducing the
current excise tax fee. Commissioner Aleshire explained that it
was an editorial article and that the Commissioners have not
given the Excise Tax Task Force that directive. Commissioner
Kercheval stated that they want to make sure that the excise tax
fees cover the cost of infrastructure.
Alliene Downs stated that developers and purchasers of new homes
should help provide for additional new services.
David Wiles, President of the Clear Spring Historical Society,
spoke in support of updating the Historical Sites Survey and
requested information on why they did not receive Gaming
Commission funds.
Tom Grosh stated that better signage is needed on State roads
and Interstate 70 to better direct motorists to the C&O Canal
and Clear Spring County Park. He indicated that additional land
is needed for the park.
ADJOURNMENT
Motion made by Commissioner Baker, seconded by Kercheval, to
adjourn at 8:45 p.m. Unanimously approved.
_____________________________,
County Administrator
_____________________________,
County Attorney
________________________
County Clerk