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HomeMy WebLinkAbout01.26.2016 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland January 26, 2016 INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barr offered the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. CALL TO ORDER President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland, to order at 1:14 p.m. at 100 West Washington Street, Room 225, with the following members present: Vice President Jeffrey A. Cline and Commissioners John F. Barr, and LeRoy E. Myers, Jr. Commissioner Vincent G. Spong was absent. APPROVAL OF MINUTES — JANUARY 12, 2016 Commissioner Barr, seconded by Myers, moved to approve the minutes of January 12, 2016. The motion passed unanimously. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Baker stated that Commissioner Spong was unable to attend the meeting due to being snowed in while out of town. Mr. Baker thanked County staff and emergency personnel that assisted with the snowstorm this weekend that left thirty inches of snow in most areas of the County. Commissioner Cline reiterated Commissioner Baker's comments on the snowstorm and noted that there were no power outages in the County. He asked citizens to be patient if their roads are not yet fully plowed. Commissioner Myers commented that it was fortunate the area did not experience any power outages because of the high winds during the snowstorm. He discussed the County's decision to hire its own lobbyist noting that the benefit was already seen by reports to the County from Bruce Bereano. Commissioner Barr also thanked County staff and emergency services personnel that were well prepared for the snow event. He commended Hagerstown Regional Airport staff for preparing the runway for Allegiant Air's flight the day after the storm and for clearing snow off cars of incoming Allegiant passengers. Mr. Barr stated that he would be in Annapolis tomorrow to testify before the Board of Public Works on the subject of school construction costs. He reported meeting this morning with State Secretary of Minority Affairs Jimmy Rhee at the request of Governor Hogan. Commissioner Baker requested that County Emergency Planner Sam Anderson appear before them at a future meeting to discuss emergency procedures including activation of the Emergency Operations Center. January 26, 2016 Page 2 REPORTS FROM COUNTY STAFF Public Works — Report on Snowstorm Public Works Director Jim Sterling reported that the County's Highway Department had expended over 7,200 staff hours thus far with 22 independent contractors working to open the roads using various equipment. He praised Hagerstown Regional Airport Director Phil Ridenour and staff for clearing the airport runway and loaning equipment to open nearby roads. Mr. Sterling reported that currently one and one-half lanes are open to vehicle traffic in most areas and additional plowing will be accomplished the next few days. He commended County staff for their work to open roads and assist emergency services vehicles needing to reach citizens during the snowstorm. Health and Human Services — Advertise to Fill Positions Stephanie Stone, Director, Health and Human Services, requested approval to advertise and fill a full-time, Grade 6, Step 1 Motor Equipment Operator I position at the Highway Department. Commissioner Myers, seconded by Barr, moved to approve the personnel request as presented. The motion passed unanimously. (4-0, Commissioner Spong was absent.) Ms. Stone requested approval to advertise and fill two full-time, Grade 6, Step 1 Utility Worker II positions at Water Quality. The positions would first be advertised internally. Commissioner Myers, seconded by Barr, moved to approve the personnel requests as presented. The motion passed unanimously. (4-0, Commissioner Spong was absent.) Countv Administrator County Administrator Greg Murray praised the hard work of County staff during the snow event and stated that some plowing was diverted due to emergency needs to clear roads for patient transportation to hospital facilities. He expressed appreciation to all for a job well done. MARYLAND DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT NEIGHBORHOOD CONSERVATION INITIATIVE GRANT AGREEMENT AMENDMENT Susan Buchanan, Grant Manager, Office of Community Grant Management, and Vicki Bender, Hagerstown Neighborhood Development Partnership, Inc., requested approval of an amended grant agreement providing an additional $125,508 from the Maryland Department of Housing and Community Development Neighborhood Conservation Initiative. Ms. Buchanan described the grant that will be used for down payment assistance and housing rehabilitation programs. The funds will be added to an existing grant awarded February 2015 that provided $210,000 for Habitat for Humanity to purchase and rehabilitate homes for resale to low income families. The County will receive $5,508 in administrative funding to be used by the Office of Community Grant Management to cover the cost of administering the grant. No matching funds or in-kind contributions are associated with the grant. January 26, 2016 Page 3 Commissioner Barr, seconded by Myers, moved to accept and approve the amended grant agreement providing an additional $125,508 from the Maryland Department of Housing and Community Development Neighborhood Conservation Initiative and approve the execution of all necessary documentation to effectuate the grant. The motion passed unanimously. (4-0, Commissioner Spong was absent.) COMMUNITY ORGANIZATION FUNDING COMMITTEE — FISCAL YEAR 2017 FUNDING RECOMMENDATIONS Jim Hovis, Director, Community Grant Management, and Harry Reynolds, Community Organization Funding Committee (COFC) Vice Chair, presented the Fiscal Year 2017 funding recommendations to the County Commissioners. Mr. Hovis described the review process where COFC members evaluated thirty-six funding applications submitted by thirty-three separate community-based, non-profit organizations totaling $2,380,090.41. The COFC used the priorities approved by the County Commissioners to develop recommendations for the available funding allocation of $1,683,420, as follows: Arts and Culture, Domestic Violence, Families and Children Programs, Recreation, Seniors, and Other. Mr. Reynolds discussed the Committee's work process and thanked County staff for their assistance. Mr. Hovis noted that the recommendations presented today are subject to acceptance or amendment by the Commissioners during the upcoming budgetary process. The Commissioners discussed the information provided and thanked the COFC members for their time spent developing the recommendations. APPROVAL OF REVISED BYLAWS FOR THE WASHINGTON COUNTY COMMISSION ON AGING, INC./AREA AGENCY ON AGING Amy Olack, Executive Director, Commission on Aging, and William Beard, board member, Commission on Aging, Inc., presented proposed revisions to the bylaws of the Washington County Commission on Aging, Inc./Area Agency on Aging (Area Agency on Aging Advisory Council.) The proposed amendments include removing the January date for the board's annual meeting and that the "Chairperson will determine the date, time and location in coordination with the members and the Board of Directors," while removing "determined by the members." Ms. Olack stated that the revisions were approved by a majority vote of board members as required. Commissioner Barr, seconded by Myers, moved to approve the revised bylaws of the Washington County Commission on Aging, Inc./Area Agency on Aging as presented. The motion passed unanimously. (4-0, Commissioner Spong was absent.) Ms. Olack discussed the ongoing move to the new Senior Citizens Center located at 535 East Franklin Street, Hagerstown, hampered this week by the bad weather. The Commission on Aging offices plan to open next week and the Senior Center will relocate in February. Ms. Olack and Mr. Beard thanked the Commissioners for their support. January 26, 2016 Page 4 MUTUAL AID AGREEMENT WITH FREDERICK COUNTY LAW ENFORCEMENT Sheriff Doug Mullendore advised that the President's Task Force on 21St Century Policing recommends that in -custody deaths by law enforcement be investigated by an independent agency for purposes of transparency to the public. The Mutual Aid Agreement (Agreement) provides that the Frederick County Sheriffs Office will investigate in - custody deaths that involve a law enforcement officer from Washington County to include the Washington County Sheriff s Office. The Agreement also includes the Boonsboro Police Department, Hancock Police Department and Smithsburg Police Department and covers the investigation of deaths occurring within Washington and Frederick County Detention Centers. The Washington County Sheriff s Office would investigate deaths involving law enforcement officers from Frederick County. The Agreement further provides for an independent agency investigation and review by the State's Attorney's Office. Commissioner Baker requested an estimate of costs for investigating an incident. Sheriff Mullendore indicated that the fiscal impact would not be fully known until an incident occurs. Commissioner Myers, seconded by Barr, moved to accept the Mutual Aid Agreement between the Frederick County Sheriff s Office, Washington County Sheriff s Office and other involved parties regarding the investigation of in -custody deaths by law enforcement as presented. The motion passed unanimously. (4-0, Commissioner Spong was absent.) RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $3,400,000 OF ECONOMIC DEVELOPMENT REVENUE BONDS TO BE ISSUED FOR THE BENEFIT OF SAINT JAMES SCHOOL, INCORPORATED Lindsey Rader, Bond Counsel, Funk and Bolton, appeared by telephone to present the recommendation that Washington County issue and sell economic development refunding revenue bonds (the "Bonds") in one or more series in an aggregate principal amount not to exceed $3,400,000 and loan the proceeds from the sale of such bonds to the Saint James School, Incorporated (the "Borrower.") The Borrower has indicated it plans to use the bond proceeds to refund in whole or in part, the outstanding 1999 Bonds issued by the County, to lower its annual operating costs and obtain fixed rate bonds. Those issued in 1999 were variable rate bonds. Ms. Rader added that the Borrower is solely responsible for payment of the debt service and the County is not pledging its full faith and credit or its taxing power toward payment of the bonds. The Borrower pays all costs, including legal fees, in connection with the transaction, regardless of whether or not the bonds are issued. Ms. Rader advised that the bonds are issued on a tax-exempt basis according to the local tax code. William Wivell, Business Manager, and Father D. Stuart Dunnan, Saint James School, discussed the bond issuance that will allow it to reduce debt from $5 million to $3.4 million by locking in an interest rate for the remaining fourteen -year term. Mr. Wivell reiterated that no tax dollars go toward supporting the refinancing and all payments will be made by the school. January 26, 2016 Page 5 Commissioner Barr, seconded by Myers, moved to adopt the proposed Resolution that Washington County issue and sell economic development refunding revenue bonds (the "Bonds") in one or more series in an aggregate principal amount not to exceed $3,400,000 and loan the proceeds from the sale of such bonds to the Saint James School, Incorporated. The motion passed with Commissioners Barr, Myers, and Cline voting "AYE" and Commissioner Baker "ABSTAIN." (3-0, Commissioner Spong was absent.). (Resolution No. RS -2016-01 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) (Commissioner Barr left the meeting at 2:41 p.m.) CONVENE IN CLOSED SESSION Commissioner Myers, seconded by Cline, moved to convene in closed session at 2:41 p.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; or any other personnel matter that affects one of 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 consult with staff, consultants or other individuals about pending or potential litigation; and to consult with counsel to obtain legal advice on a legal matter, in accordance with Section 3- 305(b) (1), (4), (7) and (8) of the General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously. (Commissioner Spong was absent.) In closed session, the Commissioners discussed the specifics of a business entity's proposal to locate its business operations in the County. During closed session, the Commissioners provided direction to staff and further instructed them to continue to work closely with the company regarding its proposal to locate its business operation in the County. Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline, John F. Barr, and LeRoy E. Myers, Jr. Also present were Gregory Murray, County Administrator; Sarah Sprecher, Assistant County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney; Kirk C. Downey, Deputy County Attorney; and Kendall McPeak, Assistant County Attorney. RECONVENE IN OPEN SESSION Commissioner Myers, seconded by Barr, moved to reconvene in open session at 2:58 p.m. The motion passed unanimously. (4-0, Commissioner Spong was absent.) (Commissioner Barr left the meeting at 2:58 p.m.) January 26, 2016 Page 6 PUBLIC HEARING — APPLICATION FOR CONCEPT AND DEVELOPMENT PLAN AMENDMENT (RZ-15-005) President Baker convened a Public Hearing at 3:14 p.m. to obtain public comment on the application by Fox & Associates, Inc. to modify the Emerald Pointe Planned Unit Development (PUD) Concept and Development Plan (RZ-15-005) for the 11.3 acre property located on the east side of the Marsh Pike and the south side of Longmeadow Road. Commissioner Baker reviewed procedures for the Public Hearing and County Clerk Vicki Lumm administered the oath to those who planned to give testimony in the matter. Stephen Goodrich, Director, Planning and Zoning, presented the Staff Report dated October 5, 2015 for RZ-15-005 on behalf of the Washington County Department of Planning and Zoning. He described the Applicant's request to amend the approved concept and development plans to eliminate the 9,000 square foot commercial building from the interior of the residential portion of the development, expand the community center to include additional amenities but retain a commercial component, substitute a mixed office/retail use for the previously approved retirement living center and revise phase lines to reflect past approvals. Mr. Goodrich noted that an appeal of a 2013 attempt to amend the PUD resulted in the Circuit Court's finding that there was no County procedure in place to allow for a major (as opposed to minor) change in an approved PUD. The County has since adopted an amendment to its Zoning Ordinance detailing the method for obtaining minor and major changes to a PUD. Property owner Emerald Pointe, Inc. now proposes to abandon plans for a convenience store with gas pumps in the interior of the development and expand the community center. A new commercial area at the corner of Marsh Pike and Maryland Route 60 would replace the previously planned retirement living center and substitute a planned bank facility with mixed office -retail use for the previously approved retirement living center. Mr. Goodrich stated that the Washington County Planning Commission held a public meeting to obtain comments on the proposal. Notices were placed on the property and adjacent property owners were informed by letter of the meeting. During its meeting held November 2, 2015, the Planning Commission voted to recommend approval by the County Commissioners of the concept and development plan amendment. It also recommended that underground infrastructure for a traffic signal at the intersection of Gentry Drive and Marsh Pike be installed during the initial construction of that access point and construction on the site. Jason Divelbiss, Divelbiss and Wilkinson, 13424 Pennsylvania Avenue, Hagerstown, attorney for the Applicant, presented the Applicant's case for the concept plan amendment. He indicated that the developer has no objection to installing all the necessary infrastructure for a future traffic signal as recommended by the Planning Commission. Mr. Divelbiss introduced nine exhibits (Applicant's Exhibits #1-9) to be entered into the record. The hearing was opened for public comment. January 26, 2016 Page 7 Dan Kaminsky, 13136 Hepplewhite Circle, Foxleigh Meadows, Hagerstown, commented against the concept plan amendment citing reasons why he believes it does not conform to the Business Local District zoning requirements. (Mr. Kaminsky introduced one exhibit (Opponent's Exhibit #1) to be entered into the record. Dennis Zerance, 13121 Gentry Drive, Foxleigh Meadows, Hagerstown, commented that he hopes the proposal will result in a development that is compatible with the existing residential neighborhoods in the immediate vicinity of the property. Owner/Developer Paul Crampton, II, 334 East Oak Ridge Drive, Funkstown, Maryland, commented on the changes made to the concept plan to accommodate citizen concerns. Karen Spessard, 19421 Moonstone Drive, Emerald Pointe, Hagerstown, spoke in favor of the proposal indicating that it will be good for the community. Attorney Divelbiss presented rebuttal on behalf of the Applicant and addressed the concerns of those making public comments. The Public Hearing was closed at 4:14 p.m. The Commissioners discussed the proposal. Commissioners Myers commented that Paul Crampton, II has a good reputation in the community as a developer and he commended him for personally meeting with affected neighbors to address their concerns with the earlier proposed concept plan. It was the consensus of the Commissioners (Myers, Cline and Baker) to approve the application and allow amendment of the concept plan as presented. Staff will prepare the required documentation and present it to the Commissioners for further consideration and formal approval at a future meeting. (Commissioner Barr returned to the meeting at 4:18 p.m.) WASHINGTON COUNTY COMMUNITY ACTION COUNCIL — SALE OF 101 SUMMIT AVENUE Geordie Newman, President/CEO, Washington County Community Action Council (CAC), requested permission/approval from the County Commissioners to sell property at 101 Summit Avenue, retain the proceeds, and apply them toward its programs and operations, including a new facility it purchased, the former Maidstone building at 117 Summit Avenue. The deed to the 101 Summit Avenue property contains a provision stipulating that ownership of the property would revert to the County if it were no longer used for community purposes. The CAC has outgrown its 101 Summit Avenue location and is now refitting the former Maidstone property to accommodate its need for additional space for staff and clientele. January 26, 2016 Page 8 Commissioner Myers, seconded by Barr, moved to allow and approve the Community Action Council to retain the proceeds from the sale of its property located at 101 Summit Avenue, Hagerstown. The motion passed unanimously. (4-0, Commissioner Spong was absent.) CITIZENS' PARTICIPATION Dan Kaminsky, 13136 Hepplewhite Circle, Hagerstown, commended Hagerstown Regional Airport staff for their community spirit in clearing off cars of passengers arriving from Florida on Allegiant Air during the weekend snow event. William Allen Tweed, Mace Energy Supply, 23327 Ringgold Pike, Smithsburg, spoke against the "Urban Reforestation" plan by the State Highway Administration (SHA) to plant trees in the right-of-way in front of his business near Smithsburg. The Commissioners mentioned that they had received other complaints from citizens relating to the plan that involves the SHA's attempt to mitigate the impact of nutrients in several areas of the County. Commissioner Barr noted that the SHA was made aware of the local concerns but that a coordinated effort is needed to address the proposed plan. The Commissioners plan to meet with County staff to discuss the best way to address the issue including a proposal to plant trees in other areas. Dean Woodward, 23409 Ringgold Pike, Hagerstown, spoke against the SHA tree -planting proposal and his concern that it might hinder the sale of his property. CONVENE IN CLOSED SESSION Commissioner Myers, seconded by Barr, moved to convene in closed session at 4:47 p.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; or any other personnel matter that affects one of 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 consult with staff, consultants or other individuals about pending or potential litigation; and to consult with counsel to obtain legal advice on a legal matter, in accordance with Section 3- 305(b) (1), (4), (7) and (8) of the General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously. (Commissioner Spong was absent.) In closed session, the Commissioners discussed with staff ongoing issues relating to several county employees and the County's response thereto; discussed the potential reappointment of a specific individual to a local authority board position over which the Commissioners have appointment authority; discussed the potential appointment/reappointment of specific individuals to a local agency board position over which the Commissioners have appointment authority; discussed the specific details of an ongoing operational matter that may lead to litigation; discussed a specific personnel recommendation with County staff, discussed several specific County personnel hiring January 26, 2016 Page 9 recommendations/employment matters with County staff; discussed the specifics of a business entity's recent proposal to locate its business operations in the County; and discussed a specific personal issue with the County Administrator. During closed session, the Commissioners requested that staff research various aspects of ongoing employee issues and provide recommendations as to how best to proceed; instructed staff to bring forth the potential appointment to an authority board over which the Commissioners have appointment authority for further consideration and discussion and a possible vote during a future open session meeting; instructed staff to bring forth the potential appointments/reappointment to an agency board over which the Commissioners have appointment authority for further consideration and discussion and a possible vote during a future open session meeting; provided specific direction to staff regarding the ongoing operational matter and the potential resolution thereof, provided direction to County staff regarding a specific personnel recommendation; provided direction to County staff regarding several County personnel hiring recommendations/employment matters; provided instruction to staff regarding a business entity's proposal to locate its business operation in the County; and provided direction to the County Administrator regarding a specific County employee matter. Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline, John F. Barr, and LeRoy E. Myers, Jr. Also present were Gregory Murray, County Administrator; Sarah Sprecher, Assistant County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney; Kirk C. Downey; Deputy County Attorney, and Kendall McPeak, Assistant County Attorney; and at various times, Angela Smith, Deputy Director/Deputy Code Official, Plan Review and Permitting; Stephanie Stone, Director, and Tracy McCammon, Risk Management Administrator, Health and Human Services; Jim Sterling, Director, Public Works; Ed Plank, Director, Highway Department; Jim Hovis, Director, Community Grant Management; and Mark Bradshaw, Deputy Director, Water Quality. ADJOURNMENT Commissioner Myers, seconded by Cline, moved to adjourn at 6:17 p.m. The motion passed unanimously. Gregory . Murray, aunty Administrator John M. Mart rano, County Attorne 11c� Vicki C. Lumm, County Clerk