BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland President John F. Barr called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 9:00 a.m. 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. 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 March 9, 2010 Commissioner Aleshire, seconded by Kercheval, moved to approve the minutes of March 9, 2010 with incorporated changes. The motion was unanimously approved. INTRODUCTION OF NEW EMPLOYEES Carrie Aaron, Human Resources Assistant, introduced new County employees David R. Baker, Jr., Detention Officer-Sheriff s Department, and Dustin J. Olden, Motor Equipment Operator I-Southern Section, Highway Department. The Commissioners welcomed the employees and wished them well in their new positions. COMMMISSIONERS REPORTS AND COMMENTS Commissioner Baker had no comments. Commissioner Kercheval reported that he attended a strategic planning event at the Humane Society for Washington County to identify and improve services to the community. He participated in a conference call with the I-81 Coalition (Coalition) where topics included freight infrastructure planning, compiling an inventory of truck parking, and identifying hot spots for truck accidents. Mr. Kercheval informed his fellow Commissioners that a federal request for funding of the Coalition, which the Commissioners voted to support, was filed in 24 offices across the six states along I-81. He indicated that an incident management workshop would be held at Shippensburg University on March 30 to train State police, fire and emergency services regarding incident clearing on interstates and that the I-95 coalition is assisting with funding. He attended a dinner in Annapolis last week with Hagerstown City Council Member Ashley Haywood and spoke to the local lobbyist and State legislators regarding bills of interest and possible funding available to repair the Devil s Backbone dam. He also attended a lobbying coalition meeting with Commissioner Aleshire and noted that the coalition was supporting local bond bills. Commissioner Kercheval reported that he attended a possible final workshop by the Planning Commission regarding the Urban Growth Area and that the plan will be discussed by the Commissioners in the future and opened for public comment. Commissioner Kercheval attended a Black Rock Golf Board meeting where, despite the snowy February weather, revenues for the year were reported to be higher than the
Page two previous year. He noted that Allegheny Energy is installing a new fence along Mt. Aetna Road and a few trees at the course were damaged due to the bad weather. He informed the Commissioners that a CD of the Long Range Transportation Plan has been provided to each of them and that Bob Gordon, Director of the Hagerstown-Eastern Panhandle Metropolitan Planning Organization (MPO) is scheduled for a presentation at the March 30 Commissioners meeting. The public may comment on the Plan on April 1 at the University System of Maryland downtown facility. Commissioner Aleshire reported that he attended a Commission on Women meeting and noted that a Girls Inc. event would be held at 10:00 a.m. next weekend. He attended a meeting of the Agricultural Center Rural Heritage Museum committee where it was noted that funds for a transportation museum were expected to be forthcoming from the State. He reported attending a recent Economic Development Commission Board (EDC) meeting. Commissioner Aleshire visited properties on Angela Court in Smithsburg during the weekend rains to view the water problems encountered by several residents. He was present at the lobbying coalition meeting with Commissioner Kercheval. He discussed the possibility of the State passing teacher pension funding to counties, which would be approximately $60 million, and he objected to the cost being passed on with no County input regarding the type of plan funded. Mr. Aleshire attended the Washington County Democratic Central Committee dinner and the Leitersburg Volunteer Fire Company banquet on Saturday evening. He was present at the Eagle Scout award ceremony at the Downsville Ruritan Club for Robert Jackson Willis, III. He spoke to the Maryland Department of the Environment (MDE) regarding drainage problems in the Beaver Creek area and stated that MDE had followed up on the problem and determined that no apparent action was necessary at this time. Commissioner Aleshire noted that he read the Board of Education (BOE) budget and sent his comments to the BOE and his fellow Commissioners. He stated that it includes a 22% increase for health care costs and questioned why the County, City, and BOE could not combine their health care. Mr. Aleshire discussed senior tax relief in this year s budget and Greg Murray stated that it would be included in upcoming budget discussions. He agreed with the recommendation to schedule some Board meetings at unincorporated towns such as Pleasant Valley in the coming year. Commissioner Aleshire referred to an email received from an individual questioning why realtors must be used in the Hagerstown Housing Authority s new rentto-own program. The Commissioners discussed the program and Greg Murray stated that he would check with the Housing Authority regarding details of the program. Commissioner Barr reported that he was also present at the Eagle Scout ceremony for Robert Willis whose parents are also County employees. He congratulated Robert for maintaining a 4.07 grade point average and achieving the Eagle Scout rank at a young age. Mr. Barr also attended a meeting regarding the Washington County Museum of Fine Arts Courtyard Project where it was reported that bids had come in under budget. He attended the PenMar Development Corporation meeting last week and noted that participation at the Community Center is increasing and lots of activity is going on. He reported that Ft.
Page three Ritchie Community Center Executive Director Joe Jacobs has departed the facility. Commissioner Barr attended the San Mar Children s Home Celebrity Star Program fundraiser. He reminded the community of the Big Brothers/Big Sisters Bowl for Kids Sake event scheduled for Sunday, April 18, at Turner s Dual Lanes. BUDGET PRESENTATION SOLID WASTE DEPARTMENT Cliff Engle, Deputy Director, and Julie Pippel, Director-Solid Waste Department, presented the FY 2011-2016 budget for the Department. Mr. Engle detailed that the department s proposed operating budget has been reduced by 10.47% below FY 2010 and that the total budget was balanced at $7.3 million. Mr. Engle informed the Commissioners that revenue was down due to decreased volume at the landfill. There are no proposed increases for residential permits or commercial tipping fees in the coming year. He noted that some part-time positions have been developed to avoid overtime expenses and that the Recycling Coordinator position has not been filled since recently becoming vacant. NATIONAL REGISTER OF HISTORIC PLACES - NOMINATIONS Steve Goodrich, Chief Planner-Planning Department, presented information on the South Mountain Battlefields (Crampton s, Turner s, and Fox s Gaps) and the Jacob Funk Farm (Owners-Tom and Norma Heaton) that are being recommended for placement on the National Register of Historic Places (Register). Mr. Goodrich detailed that the Register is a Federal Government listing of properties deemed worthy of recognition and preservation for their significance in American history and culture. A listing on the Register is beneficial for certain tax credits and consideration in the planning of federal and State projects. He indicated that the Hughes and R. Oswald families do not wish to be included in the Register and were instructed to contact the Maryland Historic Trust given that the County cannot remove them from the application. Mr. Goodrich explained the process stating that recommendations are forwarded to the Register even if the Commissioners oppose it. However, if the Historic Trust and the Commissioners both oppose it, the nomination process would end at that point. Commissioner Aleshire expressed concern that the designation would create future limitations on property rights and that information should be included in the letter sent to applicants and affected property owners. The Commissioners discussed the passive manner of notifying property owners and felt that this was not favorable. The Board directed Mr. Goodrich to send notification letters to surrounding property owners enclosing self-addressed, stamped envelopes, requesting their response. He was asked to follow up on the letters if no response is received. Commissioner Kercheval, seconded by Aleshire, moved to support listing of the Jacob Funk Farm in the National Register of Historic Places since the historical background in the packet supports the application, if all stakeholders and parties are in favor. The motion was unanimously approved. CITIZENS PARTICIPATION Peter Crawford of 23331 Angela Court and Jay Wandalowski of 23327 Angela Court, Smithsburg, appeared to thank the Commissioners for visiting and sending Staff to their
Page four development this past weekend to observe flooding conditions during the heavy rainfall and for past efforts taken to alleviate the problem. James Devine, P. O. Box 2217, Hagerstown, commented on the recent hearing held for adoption of the Weed Control Ordinance. He also stated that he was asked to leave the Hagerstown Community College campus after accessing its library several times, because he was not a current student at the facility and did not have a parking permit. He felt that since the college accepts public tax money, it should share its resources with the public. Courtney Lowery of Gapland, joined by Carlene Cado and Henrietta Livelsberger, representing the Citizens for the Preservation of Pleasant Valley, invited the Commissioners to hold an evening meeting in the community. County Administrator Greg Murray stated he would plan a meeting on the July-December 2010 schedule. OTHER BUSINESS County Administrator s Comments County Administrator Greg Murray stated that the City of Hagerstown has requested support from the Board by sending letters in favor of requesting a grant for replacement of a 24 transmission main from their facility and federal transportation funds for Professional Court and Eastern Boulevard to allow funding for a bridge that would potentially connect to Robinwood Drive. The Commissioners discussed the requests. Commissioner Aleshire expressed that the public should not be responsible for funding the bridge since private development will probably occur there. Commissioner Kercheval stated that it should be funded both privately and publicly. It was the consensus of the Commissioners to give support to the water system grant and the bridge funding request as requested by the City of Hagerstown. REPORTS FROM COUNTY STAFF Airport Carolyn Motz, Airport Director, requested the Commissioners approval of a Grant Agreement regarding reimbursement of $925,000.00 relating to the original Letter of Intent with the Federal Aviation Administration (FAA) for the runway extension project. She detailed that the Airport has applied for the funds and is awaiting word that Congress has appropriated the money. The County will return the Grant Agreement to the FAA upon execution. Ms. Motz stated that the County is entitled to $1 million in FY 2010 and she will be applying for those funds at the proper time. Commissioner Kercheval, seconded by Aleshire, moved to approve the Grant Agreement for $925,000.00 as presented by Staff contingent upon Congress approving the funds. The motion was unanimously approved.
Page five Public Works Joe Kroboth, III, Public Works Director, stated that repairs are planned by CSX to the East Oak Ridge Drive railroad crossing on April 16 at 8:00 a.m. through April 18 at 8:00 p.m. The crossing will be closed during that time and a detour plan is being discussed that should alleviate the additional truck traffic to surrounding areas, including Funkstown. Mr. Kroboth also informed the Commissioners that the balloon test for the South County communications tower site has been set for tomorrow. The test will be coordinated with the National Park Service and all area residents and interested parties have been notified. He commented on the flooding conditions during the weekend rains and snow melting and that a County team went out, as usual, to identify any damage to County structures. He noted that significant debris would have to be removed around several stone-arch bridges, including the Harpers Ferry Road Bridge. Mr. Kroboth discussed the procedure for closing roads versus posting high water signs and said that he is currently reviewing the County s procedures. Planning Dan DiVito, Permits and Inspections Director, reported on the Residential Stimulus Program that was implemented by the Commissioners in late 2009 and ends on April 1, 2010. He stated that 14,000 square feet remain after permits for 70 single-family residences and 44 additions were approved. He compared the figures to last year where only 20 single-family permits were issued. Mr. DiVito will return to the Commissioners in April to provide results of the program but he feels that it accomplished what it was designed to do. Treasurer Todd Hershey, Treasurer, referred to his previous request to fill a vacant position in the Treasurer s Office, and detailed the reasons supporting why it should be filled. Greg Murray stated that he is waiting for Mr. Hershey to submit documents that are first to be discussed with Staff before being brought forth for a vote by the Commissioners. The Board discussed the operation and responsibilities of the Treasurer s Office with Mr. Hershey. Mr. Murray directed Mr. Hershey to submit the requested documentation to his office and then the process would be followed as previously stated. County Attorney John Martirano advised that an additional topic for discussion has been added to Closed Session and the legal justification for discussion is to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State. CONVENE IN CLOSED SESSION Commissioner Kercheval, seconded by Baker, moved to convene in closed session at 11:23 a.m. to consult with counsel to obtain legal advice; to consult with staff about pending or potential litigation; and to consider a matter that concerns the proposal for a
Page six 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. Commissioner Aleshire objected to discussing the first agenda item in closed session. The motion passed with Commissioners Kercheval, Baker and Barr voting AYE and Commissioner Aleshire NO. In closed session, the Commissioners consulted with counsel to obtain legal advice; consulted with staff 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, Kristin B. Aleshire, and James F. Kercheval. Also present were Gregory Murray, County Administrator, Vicki Lumm, County Clerk; John Martirano, County Attorney; Kirk C. Downey, Assistant County Attorney; Dan DiVito, Permits and Inspections Director; and Tim Troxell, EDC Director. RECESS FOR LUNCH The Commissioners recessed at 11:48 a.m. to attend a budget presentation by the Hagerstown Community College Board of Directors and luncheon at 11400 Robinwood Drive, Hagerstown, Maryland. AFTERNOON SESSION President John F. Barr called the afternoon session to order at 2:09 p.m., with the following members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, and James F. Kercheval. CONVENE IN CLOSED SESSION Commissioner Aleshire, seconded by Baker, moved to convene in closed session at 2:09 p.m. 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 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, Kristin B. Aleshire, and James F. Kercheval. Also present were Gregory Murray, County Administrator, Vicki Lumm, County Clerk; John Martirano, County Attorney; and Tim Troxell, EDC Director. Public Works Joe Kroboth, III, discussed a privately owned property on Trego Road that has recently been determined to be in an unsafe condition. He inspected the structure and the Permits and Inspections Department subsequently condemned it. Mr. Kroboth detailed the status of ownership of the property, which consists of several parties including an estate in probate,
Page seven as well as the State of Maryland. He requested approval from the Commissioners to seek proposals to demolish the building. An initial estimate of $26,700.00 for demolition was received but Mr. Kroboth believes it could be done for much less. The Commissioners discussed the issue and the alternatives to tearing it down at the County s expense. Commissioner Baker objected to using taxpayer money, even though it is a safety issue, since he believes the County will not recover its costs. It was the consensus of the Commissioners to direct Mr. Kroboth to proceed to begin the process to obtain the best proposal and return to the Commissioners for approval. John Martirano informed the Board that certified letters would be sent to the various owners, again notifying them of the unsafe condition of the structure, requesting that they take immediate action to alleviate the unsafe condition; and putting them on notice that if they fail to timely remedy the problem, the County will remove the structure and will expect reimbursement of all costs from the responsible property owners. Commissioner Aleshire, seconded by Kercheval, moved to authorize staff to begin the process to remove/demolish the unsafe structure located on Trego Road. The motion passed with Commissioner Aleshire, Kercheval and Barr voting AYE and Commissioner Baker NO. MEMORANDUM OF AGREEMENT WASHINGTON COUNTY FREE LIBRARY Joe Kroboth, III, Public Works Director, requested authorization from the Board of Commissioners to execute a Memorandum of Agreement (MOA) with various State agencies regarding the Washington County Free Library. Mr. Kroboth detailed that the State is contributing approximately $11.3 million toward the construction of the Central Library. Maryland law requires that projects funded by the State must pass through a historical review before proceeding to construction. He indicated that the project includes removal of the former bus shelter canopy at 29 East Antietam Street, which has been deemed potentially historical, and the MOA stipulates various obligations and necessary steps to be taken during the review process. Mr. Kroboth detailed that the agreement is between the Maryland Historic Trust (MHT) and the Board of County Commissioners. He is awaiting direction from the State of Maryland-Department of General Services (which may change to the Maryland Department of Education if it is the actual funding source.) The Commissioners discussed the canopy and the library project. Commissioner Aleshire, seconded by Kercheval, moved to approve the Memorandum of Agreement between the Maryland Historic Trust, Maryland Department of General Services and the Board of County Commissioners of Washington County, Maryland, regarding the Washington County Regional Library, as provided and conditioned upon final determination of whether it be the Maryland Department of General Services or Maryland Department of Education. The motion was unanimously approved.
Page eight YOUTH MERITORIUS AWARDS MARCH 2010 President Barr presented certificate of merits to students who were selected by the Washington County Community Partnership for Children and Families (WCCP) to receive the March 2010 Youth Meritorious Awards: Matthew Breakall of Clear Spring Middle School and Tiffany Arnett of Hancock Middle/Senior High School. Each student received a $100 U.S. Savings Bond from the WCCP. The Commissioners commended the students for their leadership, academic and extra-curricular activities. ADJOURNMENT Commissioner Baker, seconded by Aleshire, moved to adjourn at 2:55 p.m. The motion was unanimously approved. County Administrator County Attorney County Clerk