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HomeMy WebLinkAbout04.19.2016 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland April 19, 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 Commissioner John Barr called the regular meeting of the Board of County Commissioners of Washington County, Maryland, to order at 8:05 a.m. at 100 West Washington Street, Room 227, with the following members present: Commissioners Wayne K. Keefer and LeRoy E. Myers, Jr. President Terry E. Baker was absent from the meeting until 8:47 a.m. due to presenting a proclamation at the Annual Child Welfare Workshop. Vice President Jeffrey A. Cline was absent. APPROVAL OF MINUTES — APRIL 12, 2016 Commissioner Myers, seconded by Keefer, moved to approve the minutes of April 12, 2016. The motion passed unanimously. (3-0, Commissioners Baker and Cline were absent.) COMMISSIONERS' REPORTS AND COMMENTS Commissioner Keefer reported attending the Washington County Historical Advisory Committee meeting as an ex -officio representative of the Commissioners. He invited citizens to participate in the Walk to End Child Abuse on Saturday, April 30 in Widmeyer Park, Hancock, with funds going toward organizations that assist children and families. Commissioner Myers reminded citizens that primary election early voting has begun and he encouraged all to participate in the election process. Commissioner Barr expressed his appreciation to the Western Maryland Delegation members for their service in Annapolis the past three months. He stated that he would begin visiting all Maryland counties in early May as President of the Maryland Association of Counties (MACo.) Mr. Barr noted that the Spring MACo Conference in June would be hosted by Washington County. REVISION TO EMPLOYEE SICK LEAVE BANK POLICY Debra Peyton, Benefits Administrator, Health and Human Services, discussed the proposal to remove item "B" from the County Employee Sick Leave Bank Policy, which states, "In order to be eligible for Sick Leave Bank benefits from the general Sick Leave Bank during a fiscal year, an employee must have donated to the general Sick leave Bank during the same fiscal year. However, donation to the general Sick Leave Bank will not be a prerequisite for an employee to receive Sick Leave Bank benefits donated specifically to that employee." Ms. Peyton indicated that there are now currently 10,000 hours in the Sick April 19, 2016 Page 2 Leave Bank. Due to the balance, no sick leave hours will be collected this year. The Health and Human Services Department normally collects Sick Leave Bank hours during open enrollment; therefore, the policy change is necessary to allow employees to use those hours. The Commissioners discussed the Sick Leave Bank policy. Commissioner Myers, seconded by Keefer, moved to approve the removal of item `B" form the County Employee Sick Leave Bank Policy as discussed and presented. The motion passed unanimously. (3-0, Commissioners Baker and Cline were absent.) LOBBYIST REPORT ON THE 2016 GENERAL ASSEMBLY SESSION Bruce Bereano, the lobbyist hired this session by the County Commissioners, discussed the recent legislative session and reported on items affecting Washington County. He described testifying before committees and having regular meetings with Senator Andrew Serafini, Delegate Parrott and other elected representatives to keep local issues in the forefront. Mr. Bereano also provided in-depth reports to the Commissioners and staff during and after the legislative session and acted as a "watchdog" for statewide issues that may have affected Washington County, such as the mandatory sick leave bill that ultimately did not move forward. (Commissioner Baker arrived at the meeting at 8:47 a.m.) The Commissioners discussed ways to enhance Washington County's image among other Maryland governmental representatives. Mr. Bereano suggested that the County invite several key legislators and senior committee members from around the State to visit the area to see firsthand the County's attributes. The Commissioners thanked Mr. Bereano for his work done on behalf of Washington County. WASHINGTON COUNTY PUBLIC SCHOOLS 2016 PUPIL GENERATION RATES Stephen Goodrich, County Planning and Zoning Director, and Chad Criswell, Senior Project Manager and Planning Supervisor for the Washington County Board of Education (BOE), presented the 2016 pupil generation rates developed for Washington County Public Schools (WCPS.) Mr. Goodrich described the yearly process performed to estimate the number of new students expected in the public schools system as a result of the construction and occupancy of new dwelling units. Mr. Criswell outlined the criteria used by the Board of Education and the County's Planning and Zoning Department to develop figures to meet the requirements of Section 5.5 of the Adequate Public Facilities Ordinance entitled "Measuring for Available Capacity." The Commissioners discussed the information presented and the process used to arrive at the figures. Commissioner Myers, seconded by Baker, moved to approve the 2016 Pupil Generation Rates prepared by Washington County Public Schools in accordance with the Adequate Public Facilities Ordinance, Section 5.5, as follows: Single-Familv - Elementary 0.43, Middle 0. 18, High School 0.21 average per household, Townhomes — Elementary 0.33, April 19, 2016 Page 3 Middle 0. 10, High School 0.11 average per household, and Multi-Familv — Elementary 0.33, middle 0.13, High School 0.14 average per household. The motion passed unanimously. (4-0, Commissioner Cline was absent.) SECOND QUARTER ADJUSTMENTS TO THE WASHINGTON COUNTY BOARD OF EDUCATION'S FISCAL YEAR 2016 GENERAL FUND BUDGET Chris South, Chief Financial Officer, Washington County Public Schools, requested adjustments to the Second Quarter Fiscal Year 2016 General Fund Budget by increasing the following categories: Revenue - $160,000; Instructional Textbooks and Supply - $290,302; Other Instructional Costs - $328,325; Special Education - $354,000; and Maintenance of Plant - $1,340,563; and by decreasing the following categories: Instructional Salaries - $908,220; Student Personnel Services - $5,735; Student Transportation Services - $425,785; Operation of Plant - $473,575; Capital Outlay - $34,475; and Fixed Charges - $305,400, for a net change in fund balance of $0. The Commissioners were previously provided information requested during their April 5 meeting regarding the specific projects toward which the BOE plans to use the $1.125 million transfer requested for the local match for State CIP funding. Commissioner Baker, seconded by Keefer, moved to approve the requested adjustments to the Washington County Board of Education's Second Quarter Fiscal Year 2016 General Fund Budget as presented. The motion passed unanimously. (4-0, Commissioner Cline was absent.) EMERGENCY NUMBER SYSTEMS BOARD — APPROVAL TO SUBMIT FUNDING REOUEST Stephanie Lapole, Grant Manager, Community Grant Management, and David Hays, Director, Emergency Services, requested approval to submit a funding request to the Emergency Number Systems Board for $143,500 to replace the current 9-1-1 telephone recorders and archiving equipment at the primary and backup 9-1-1 centers at Elliott Parkway and 128 West Washington Street. The Emergency Numbers Board was established by the Maryland General Assembly to coordinate the implementation, enhancement, maintenance and operation of County or multi -county 9-1-1 systems. David Hays described a problem discovered earlier this year where the archiving data system failed sometime in 2015. The system normally archives calls for three years. He recommended an annual maintenance contract. Mr. Hays indicated that there would be a recurring annual maintenance expense of $25,190, which will be a continuing additional expense reflected for the first time in the Fiscal Year 2018 Emergency Services proposed operating budget. The Commissioners discussed the request. Commissioner Myers, seconded by Keefer, moved to approve the submission of a funding request to the Emergency Numbers Systems Board for $143,500 to replace the current 9-1-1 telephone recorders and archiving equipment as presented, and to accept the award funding. The motion passed unanimously. (4-0, Commissioner Cline was absent.) April 19, 2016 Page 4 URBAN IMPROVEMENT PLAN FUNDING DISCUSSION - BOARD OF EDUCATION Commissioner Myers initiated a discussion of the proposed downtown Urban Improvement Plan (Plan) and available funds of Washington County Public Schools (WCPS.) Dr. Clayton Wilcox, Superintendent, and Boyd Michael, Deputy Superintendent, discussed the WCPS budget and ongoing meetings of parties regarding the Plan for downtown Hagerstown that includes the Barbara Ingram School for the Arts (BISFA.) Dr. Wilcox stated that looking forward; the Board of Education (BOE) is holding a total of $9.7 million that could be moved toward a downtown Plan. Those funds were moved to the fund balance to specifically pay off early in 2017 the BISFA $5.7 million loan; however, Board of Education members would like feedback as to what the Commissioners would propose/prefer. If the BISFA loan is prepaid as discussed, a savings of $632,000 in operating money would be freed up for the Plan. He also discussed savings to be achieved by not constructing a fifth floor to BISFA, as proposed earlier. Dr. Wilcox indicated that he understands the fifth floor would not be necessary if lab space is used at the University System of Maryland -Hagerstown. He also believes a majority of the BOE feels it would be beneficial to pay off the loan early. County Administrator Greg Murray briefly discussed the Plan noting that the City of Hagerstown's Walking Trail will end near the District Court building where a plaza would be constructed as a functional grand entrance including a busing area for BISFA students. It would serve as an anchor point for what is being discussed for construction. Dr. Wilcox expressed the desire for the BOE and Commissioners to meet soon to discuss the Plan. EARTH DAY PROCLAMATION Julie Pippel, Director, and Dave Mason, Deputy Director, Environmental Management, and Tony Drury, Recycling Coordinator, Solid Waste, accepted a proclamation from the Commissioners in observance of Earth Day on April 22. Ms. Pippel discussed positive recycling rates that show Washington County having the top recycling rate the past two years in the State of Maryland. She recognized local businesses that report recycling rates. The Commissioners discussed the positive aspects of increased recycling efforts including the extended life of the landfill now projected to be over 100 years. RECESS The Commissioners recessed at 9:42 a.m. AFTERNOON SESSION Commissioner John F. Barr called the afternoon session to order at 1:02 p.m. with the following members present: Commissioners Wayne K. Keefer and LeRoy E. Myers, Jr. Commissioners Terry E. Baker and Jeffrey A. Cline were absent. CONVENE IN CLOSED SESSION Commissioner Keefer, seconded by Myers, moved to convene in closed session at 1:02 p.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, April 19, 2016 Page 5 employees, or officials over whom this public body has jurisdiction; and 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 consider the acquisition of real property for a public purpose and matters directly related thereto; to consult with staff, consultants or other individuals about pending or potential litigation; and consult with counsel to obtain legal advice on a legal matter, in accordance with Section 3-305(b) (1), (3), (4), (7), and (8) of the General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously. (3-0, Commissioners Baker and Cline were absent.) In closed session, the Commissioners discussed the potential appointment/reappointment of four specific individuals to an advisory council over which the Commissioners have appointment authority; discussed a specific County staffing/employment issue with County staff; discussed a number of specific County personnel recommendations/employment matters with County staff; and discussed the specifics of an ongoing legal matter which may give rise to potential additional litigation in the future with staff and counsel. During closed session, the Commissioners instructed staff to bring forth the potential appointments/reappointments to an advisory council over which the Commissioners have appointment authority for further consideration and discussion and a possible vote during the open session portion of today's meeting, provided direction to County staff regarding a County employment/staffing matter; provided specific direction to County staff regarding a number of County personnel recommendations/employment matters; and provided instruction to staff as to how to proceed with an ongoing legal issue. Present during closed session were Commissioners John F. Barr, Wayne K. Keefer and LeRoy 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; Kendall McPeak, Assistant County Attorney, and at various times David Hays, Director, Emergency Services; Stephanie Stone, Director, Health and Human Services; Stephen Goodrich, Director, Planning and Zoning; and Angela Smith, Deputy Director/Deputy Code Official, Plan Review and Permitting. RECONVENE IN OPEN SESSION Commissioner Myers, seconded by Keefer, moved to reconvene in open session at 2:20 p.m. with the following members present: Commissioners John F. Barr and Wayne K. Keefer. Commissioners Terry E. Baker and Jeffrey A. Cline were absent. CITIZENS' PARTICIPATION No citizens attending the meeting wished to participate. PUBLIC HEARING — ACOUISITION OF REAL PROPERTY Commissioner John F. Barr convened a public hearing at 2:22 p.m. to obtain public comment regarding the County's intention to acquire two parcels or tracts of land April 19, 2016 Page 6 containing an aggregate area of 16,703 square feet or 0.3834 acres of land, more or less, situate in Election District No. 25, Washington County, Maryland, commonly known as 111-117 West Franklin Street, Hagerstown, Maryland. Susan Small, Real Property Administrator, presented information relating to the property to be purchased for $425,000 using funds from the County' General Fund for alley widening and providing additional parking for citizens and staff behind the County Administration Building. Commissioner Barr questioned whether environmental studies were performed on the property. Ms. Small advised that a phase I study performed found nothing significant. The hearing was opened for public comment. No individuals were present who wished to comment. The public hearing was closed at 2:31 p.m. The meeting was opened for discussion by the Commissioners. Commissioner Myers, seconded by Keefer, moved to acquire the property described as two parcels or tracts of land containing an aggregate area of 16,703 square feet or 0.3834 acres of land, more or less, situate in Election District No. 25, Washington County, Maryland, commonly known as 111-117 West Franklin Street, Hagerstown, Maryland, for $425,000 as presented, and adopt the proposed ordinance approving the purchase. The motion passed unanimously. (3-0, Commissioners Baker and Cline were absent.) (Ordinance No. ORD - 2016 -08 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) FUNDING FOR DEVELOPING PROPERTIES ACOUIRED BEHIND THE COUNTY ADMINISTRATION BUILDING Commissioner Myers, seconded by Keefer, moved to fund $750,000 for the purchase and subsequent development of the properties located at 111-117 West Franklin Street and 37 Jonathan Street, Hagerstown. The motion passed unanimously. (3-0, Commissioners Baker and Cline were absent.) DOWNTOWN URBAN IMPROVEMENT PLAN PROJECT FUNDING Commissioner Myers discussed the Urban Improvement Plan Project (Plan) for downtown Hagerstown for which the County is taking the lead, and suggested setting aside $4.5 million by moving the funds now to a line item in the Fiscal Year 2017 budget. Greg Murray indicated that the involved parties are ready to move forward, including the County, City of Hagerstown, developers and the Maryland Theatre. The Plan will require funding from those parties. He anticipates having a concept plan finalized in the next thirty days and advertising for construction in early July 2017. The Commissioners discussed the proposal. Commissioner Barr expressed concern with his participation in voting on the proposal in that his company, Ellsworth Electric, may be involved later in the project. It was the Commissioners' consensus to wait until the full Board is present for a discussion and possible vote on the proposal. April 19, 2016 Page 7 CLOSED SESSION Commissioner Myers, seconded by Keefer, moved to convene in closed session at 2:41 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 3-305(b) (4) of the General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously. (3-0, Commissioners Baker and Cline were absent.) In closed session, the Commissioners discussed the specifics of a business entity/developer's proposal to locate its business operations in the County; and considered details relating to the potential acquisition of real property in the County. During closed session, the Commissioners directed staff to continue to work closely with the business entity/developer regarding their plans to locate their business operations in the County and further instructed staff to initiate discussions with the current owner regarding the acquisition of certain real property in the County. Present during closed session were Commissioners John F. Barr, Wayne K. Keefer and LeRoy 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; Rob Slocum, Director, Engineering and Construction Management; and Aaron Stoner, Project Liaison, Public Relations. RECONVENE IN OPEN SESSION Commissioner Myers, seconded by Keefer, moved to reconvene in open session at 3:15 p.m. The motion passed unanimously. (3-0, Commissioners Baker and Cline were absent.) RECESS The Commissioners recessed at 3:15 p.m. EVENING MEETING — TOWN OF WILLIAMSPORT An evening meeting of Board of County Commissioners of Washington County, Maryland, was held at Williamsport Town Hall, 2 North Conococheague Street, Williamsport. 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 meeting to order at 7:11 p.m. with the following members present: Commissioners John F. Barr, Wayne K. Keefer and LeRoy E. Myers, Jr. Commissioner Jeffrey A. Cline was absent. April 19, 2016 Page 8 COMMISSIONERS REPORTS AND COMMENTS Commissioner Baker thanked the town for hosting the evening meeting. He reported attending the Fellowship of Christian Athletes banquet at the Ringgold Church where former Los Angeles Lakers team member Adrian Branch was the guest speaker. Newly appointed Commissioner Wayne Keefer introduced himself to attendees. He reported meeting with Mayor James McCleaf and Council member Donnie Stottlemyer earlier today at the Cushwa Basin. MAYOR AND COUNCIL COMMENTS Mayor James McCleaf welcomed the Commissioners to Williamsport. He noted that the town is continuing to work on the aqueduct project and has many upcoming events. He thanked County staff and the Commissioners for all they do to assist the town. Council member Donnie Stottlemyer discussed the sidewalk project at the town's library that will soon be going out for bid. He noted the need for new carpeting and updated LED lighting for which the main library is responsible for funding. Council member James Kalbfleish discussed funding for road resurfacing. County Administrator Greg Murray advised that municipalities would be receiving funding from the State and they may piggyback on the County's contract for those services. REPORTS FROM COUNTY STAFF Countv Administrator County Administrator Greg Murray advised that the County's Public Relations and Community Affairs Department could be contacted to assist with promoting events planned in the town. Assistant Mayor Joan Knode invited all to attend a book signing/open house on May 15 for author John Beaks' book on General Otho Williams. Countv Clerk- Appointments to Boards/Commissions Emeraencv Services Advisory Council Commissioner Keefer, seconded by Myers, moved to appoint Michael Reid as one of three Washington County Volunteer Fire and Rescue Association representatives to serve a first term through March 31, 2019; reappoint Robert Lunsford as Commissioner Keefer's at - large representative to serve a second, three-year term through March 31, 2019; appoint Brian Albert as Commissioner Myers' at -large representative to serve a first, three-year term through March 31, 2019; and appoint Michael Hosier as Commissioner Barr's at - large representative to serve an unfulfilled term through March 31, 2017. The motion passed unanimously. (4-0, Commissioner Cline was absent.) CITIZENS PARTICIPATION County resident Dick Stoner distributed a brochure on the Battle of Falling Waters 1863 Foundation, Inc. and noted that the Civil War Trust would be settling May 4 on land acquired on Falling Waters Road where a sizable battle was held. April 19, 2016 Page 9 ADJOURNMENT Commissioner Myers, seconded by Barr, moved to adjourn at 7:33 p.m. The motion passed unanimously. Gregory B. M in -ay, Count Administrator John M. Martirano, County Attorney Vicki C. Lumm, County Clerk