Loading...
HomeMy WebLinkAbout10.11.2016 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland October 11, 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 10:08 a.m. at 100 West Washington Street, Room 227, with the following members present: Vice President Jeffrey A. Cline and Commissioners John F. Barr, Wayne K. Keefer and LeRoy E. Myers, Jr. APPROVAL OF MINUTES — SEPTEMBER 20, 2016 Commissioner Myers, seconded by Keefer, moved to approve the minutes of September 20, 2016. The motion passed with Commissioners Myers, Keefer, Barr and Baker voting "AYE" and Commissioner Cline "ABSTAIN." COMMISSIONERS' REPORTS AND COMMENTS Commissioner Keefer noted three local anniversary events, the 50"' anniversary of the Potomac Valley Fire Company in Dargan, the 80`h anniversary of the Washington County Fraternal Order of Police and the 70th anniversary of Hagerstown Community College. Commissioner Cline stated that he abstained from voting on the September 20 minutes due to being absent from that meeting. Commissioner Myers commented on the recent trip to South Korea by a contingency from Washington County Government to develop business at Cascade Town Centre (Fort Ritchie). Commissioner Barr commented on the Washington County Museum of Fine Arts 85th anniversary celebration this past weekend attended by Maryland's First Lady Yumi Hogan. Commissioner Baker thanked Engineering and Construction Management Director Rob Slocum and staff for last week's presentation of County transportation priorities during the State Department of Transportation's Consolidated Transportation Program Tour. Mr. Baker reported on the Recreation and Parks Advisory Board meeting. REPORTS FROM COUNTY STAFF Ememencv Services David Hays, Director, Emergency Services, introduced Jonathan Hart, the County's new Assistant Director of Fire Services. Mr. Hart previously served as a division chief in Baltimore County and is also an active volunteer firefighter. The Commissioners wished him well in the position. October 11, 2016 Page 2 Eneineerint! and Construction Management Rob Slocum, Director, Engineering and Construction Management, announced that the County's Senior Activities Center design won a statewide architectural award for the firm of Murphy & Dittenhafer. He noted that the Railway Underpass project is now complete with a new traffic signal and that the Yale Drive ribbon cutting would be held October 25. Countv Administrator County Administrator Greg Murray commented on the recent trip to South Korea that included Commissioners Barr, Myers and Keefer. He stated that a full briefing would be held in the near future to discuss potential business prospects developed during the trip. Mr. Murray noted that Governor Hogan would be holding a cabinet meeting on October 13 at the Maryland Theatre followed by a tour of downtown Hagerstown. Senator Andrew Serafini, Delegate Brett Wilson and Mr. Murray will be presenting information during the visit regarding plans for the downtown revitalization project in anticipation of securing funding from the State Appropriations Committee. FISCAL YEAR 2016 STATE HOMELAND SECURITY GRANT Stephanie Lapole, Grant Manager, Community Grant Management, and Charles Summers, Assistant Director, Emergency Services, requested approval of the submission of a $66,726 Fiscal Year 2016 State Homeland Security Grant application to the Maryland Emergency Management Agency and to accept the award funding. The original award amount was $116,615, making the total award $183,341. The grant is administered through the State Emergency Management Agency for distribution to local jurisdictions. Ms. Lapole stated that the grant would be used to purchase multi -band radios to be in operation in Washington County in 2017 that will provide connectivity and interoperability to the State of Maryland's new radio system. Commissioner Barr, seconded by Myers, moved to approve the submission of a $66,726 Fiscal Year 2016 State Homeland Security Grant application to the Maryland Emergency Management Agency, to accept the funding if awarded and to execute all required documentation necessary to accept said funding. The motion passed unanimously. APPROVAL OF AMENDED BYLAWS — EMERGENCY SERVICES ADVISORY COUNCIL David Hays, Director, Emergency Services, requested approval of updated bylaws for the Emergency Services Advisory Council relating to the Council's meeting schedule. The original bylaws specify that meetings be held quarterly each calendar year. In an effort to address system needs in a timely and effective manner, the ESAC requests that its bylaws reflect monthly meetings. (Commissioner Barr left the meeting at 10:24 a.m. but advised that he was in favor of the amended bylaws.) October 11, 2016 Page 3 Commissioner Keefer, seconded by Myers, moved to approve the amended bylaws of the Emergency Services Advisory Council Bylaws as presented. The motion passed unanimously. (4-0, Commissioner Barr was absent during the vote.) PUBLIC HEARING — ACOUISITION OF REAL PROPERTY President Terry L. Baker convened a public hearing at 10:26 a.m. to obtain public comment regarding the County's intention to acquire approximately 49 acres of property for $672,000 known as 9238 Sharpsburg Pike, Washington County, Maryland. Susan Small, Real Property Administrator, Engineering and Construction Management, presented information regarding the property that is to be used for a future central training facility for countywide fire, police and emergency medical systems operations. The hearing was opened for public comment. There were no individuals present who wished to comment. The public hearing was closed at 10:28 a.m. The meeting was opened for discussion by the Commissioners. Commissioner Cline, seconded by Myers, moved to acquire the property for $672,000 as presented and adopt the proposed ordinance approving the acquisition. County Administrator Greg Murray commented that the location was developed with input from the Washington County Volunteer Fire and Rescue Association, the County's Department of Emergency Services and other local entities. The motion passed unanimously. (4-0, Commissioner Barr was absent from the vote but earlier indicated his approval.) (Ordinance No. ORD -2016-17 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) (Commissioner Barr returned to the meeting at 10:38 a.m.) CONVENE IN CLOSED SESSION Commissioner Myers, seconded by Barr, moved to convene in closed session at 10:39 a.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; any other personnel matter that affects one or more specific individuals; 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 3-305(b) (1) and (4) of the General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed the potential appointment of a specific individual to a local commission over which the Commissioners have appointment authority; discussed a personnel/employee recommendation with County staff, and discussed various issues relating to a business entity's proposal to expand its ongoing business operations in the County. October 11, 2016 Page 4 During closed session, the Commissioners instructed staff to bring forth the potential appointment to a local commission over which the Commissioners have appointment authority for further consideration and discussion and a possible vote during today's open session meeting; provided specific direction to County staff regarding a personnel/employee recommendation; and provided direction to staff relating to a business entity's proposal to potentially expand its business operations in the County. Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline, 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; and at various times Jim Hovis, Director, Community Grant Management; Krista Shipley, Human Resources Administrator, Health and Human Services; and Kassie Lewis, Director, Business Development. RECONVENE IN OPEN SESSION Commissioner Myers, seconded by Keefer, moved to reconvene in open session at 11:00 a.m. The motion passed unanimously. REPORTS FROM COUNTY STAFF. Appointments to Boards/Commissions Gamine Commission Commissioner Barr, seconded by Myers, moved to appoint Brian Getz to serve an unfulfilled term on the Washington County Gaming Commission through September 30, 2018. The motion passed unanimously. PUBLIC HEARING — COMPREHENSIVE PLAN AND LAND USE PLAN MAP AMENDMENTS (CP -13-001) President Terry L. Baker convened a public hearing at 11:01 a.m. to obtain public comment on recommendations for amendments to the Comprehensive Plan and the Land Use Plan Map affected by the Town Growth Area Rezoning (TGA) proposal to 1) align growth area boundaries to follow property boundaries, and 2) shift properties in or out of growth areas, depending upon new information gained from individual property owners as part of the public input and public hearing processes. Jill Baker, Chief Planner, Planning and Zoning, discussed the process to review recommendations to the TGA pursuant to the County's Comprehensive Plan that was adopted in 2002. The document contains recommendations for the continuation of, or changes to, land use policies and rules to create and preserve a desirable physical environment for citizens. Staff discussed the proposals during the County Commissioners' August 2 meeting during which the Commissioners approved adjustments in several areas affected by those recommended changes. Kirk C. Downey, Deputy County Attorney, indicated that this public hearing concerns the County's Comprehensive Plan and adjustments being made to the Comprehensive Plan and the land use plan and land use plan map. The County is adjusting boundaries of town October 11, 2016 Page 5 growth areas in the Comprehensive Plan to match what is proposed to be the area that is part of the Town Growth Area rezoning. The hearing was opened for public comment. There were no individuals present who wished to comment. The public hearing was closed at 11:15 a.m. ADOPTION OF THE TOWN GROWTH AREA REZONING AND ACCOMPANYING COMPREHENSIVE PLAN AMENDMENT (RZ-13-003) Jill Baker and Kirk C. Downey discussed the Town Growth Areas (TGA) zoning map and text amendments affecting the towns of Boonsboro, Smithsburg, Hancock and Clear Spring presented during the May 24, 2016 County Commissioners' public hearing with changes recommended during the August 2, 2016 regular meeting. Ms. Baker indicated that the next step in the process is to approve the TGA zoning map and text amendments and corresponding Growth Area boundary and Land Use Plan Map amendments in the Comprehensive Plan. In addition to the zoning map changes for individual properties, these amendments also include continued application of changes adopted as part of the Urban Growth Area Rezoning in 2012. Ms. Baker noted that some of the recommended zoning map amendments also impact the Town Growth Area boundaries as defined in the Comprehensive Plan. These changes are minor and reflect a refinement of the growth areas rather than large changes in proposed land use areas or classifications. The Commissioners discussed the matter. Commissioner Myers requested a summary of comments by individuals attending hearings in towns. Ms. Baker stated that the most prominent concerns were taxes possibly being raised, connections being required to public water and sewer facilities, and the possible annexation into a municipality. Commissioner Keefer noted that he was not present during the May 24 public hearing but has since listened to an audio provided by the County Clerk. Commissioner Myers moved to approve the Town Growth Areas zoning map and text amendments presented during the May 24, 2016 County Commissioners' public hearing with changes recommended during the August 2, 2016 regular meeting, and to approve the corresponding Growth Area boundary amendments in the Comprehensive Plan and amendments to the Land Use Plan Map. Kirk C. Downey reiterated the motion adding that it includes the adoption of the Decision and Findings of Fact supporting the rezoning map amendments. Commissioner Barr seconded the motion. The motion passed with Commissioners Myers, Barr, Cline and Keefer voting "AYE" and Commissioner Baker "NO". (Resolution No. RS -2016-18 (CP -13-001), Ordinance No. ORD -2016-18 (RZ-13-003) and Ordinance No. ORD -2016-19 (RZ-13-003) are recorded among the Acts, Ordinances, and Resolutions of Washington County and the originals are located in the County Commissioners' Office.) October 11, 2016 Page 6 LAWRENCE H. AND KAREN L. MATSON RURAL LEGACY PROGRAM EASEMENT Chris Boggs, Land Preservation Planner, Planning and Zoning, recommended approval of the Lawrence H. and Karen L. Matson Rural Legacy Program Easement Project for $68,100 for 23.7 easement acres located at 6367 Coffman Farms Road, west of Keedysville, Maryland, in the Rural Legacy area. Mr. Boggs described the historic nature of the property which was traversed by the Union Army in route to the Battle of Antietam. Four development rights will be extinguished with this easement. Mr. Boggs noted that the County has been awarded nearly $18 million since 1998 to preserve land in the Rural Legacy area. RLP funds are 100% State funds. Commissioner Barr, seconded by Keefer, moved to approve the Lawrence H. and Karen L. Matson Rural Legacy Program Easement Project for $68,100 as presented, to adopt an ordinance approving the purchase of the easement and to authorize the execution of all such documents as may be required to affect the purchase. The motion passed unanimously. (Ordinance No. ORD -2016-20 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) REOUEST FOR RETURN TO SERVICE — COMMUNITY VOLUNTEER FIRE COMPANY, INC. OF DISTRICT 12 David Hays, Director, Emergency Services, Dale Hill, Vice President, Washington County Volunteer Fire and Rescue Association (WCVFRA), and Kingsley Poole, Chair, Emergency Services Advisory Council (ESAC), presented the recommendation to return to service the Community Volunteer Fire Company, Inc. of District 12 (CVFC), formerly known as the Fairplay Volunteer Fire Company, to provide fire protection or firefighting service, rescue or ambulance service in Washington County. The return to service is contingent upon the execution of a Memorandum of Understanding (MOU) between the CVFC and the County. Mr. Hays provided an overview of the proposed MOU. The reinstatement terms include a probationary period of not less than 36 months with oversight by the County's ESAC. A ten-year, zero percent interest loan up to $400,000 would be provided by the County to assist the company with paying its debts related to maintenance costs and for equipment purchases, insurance, subdivision expenses and legal fees incurred as a result of Fairplay's suspension and a membership suit resulting in the Court finding that its leaders engaged in oppressive conduct and placing the company in receivership. In addition, the dilapidated old schoolhouse building on company property would be demolished. Mr. Hays stated that the proposal is fully supported by the WCVFRA and ESAC. The WCVFRA unanimously voted to reinstate CVFC during its September meeting. Deputy County Attorney Kirk C. Downey added that the loan would be secured by a deed of trust on the property. The company would be required to list for sale all excess property including 29 acres of land not including the fire station, to be sold for additional revenue to repay the outstanding balance of the loan. Finally, the company expressly warrants that it will comply with all procedures from this board, the ESAC and WCVFRA. V1 October 11, 2016 Page 7 The Commissioners discussed the matter including the proposed loan, demolition of the old the schoolhouse property, and the sale of the company's excess land and its value. Attorney Byron Black, court-appointed receiver, discussed the CVCF bylaws that were changed to include safety mechanisms to avoid problems that occurred in the past. He advised that an election of officers would be held in December to take effect in January 2017. Commissioner Cline thanked all the individuals involved in the long process to bring the company back into service, noting that no citizens were in danger during the intervening period. He moved that, pursuant to Section 10-401(a) of the Code of Public Local Laws for Washington County, Maryland, the Board designates, approves and recognizes the Community Volunteer Fire Company, Inc. of District No. 12 for the provision of fire protection or firefighting service, rescue or ambulance service in Washington County, Maryland, contingent upon its execution of a Memorandum of Understanding with the Board in a form satisfactory to the Board and any necessary documents related thereto, with a return to operational status contingent on the approval of the Director of Emergency Services. Commissioner Barr seconded the motion. He also thanked all the individuals involved for their tireless efforts to return the company to service. Commissioner Myers reiterated the comments and praised the fire and rescue coverage to the Fairplay area provided by Funkstown, Williamsport, Boonsboro and Sharpsburg during that period. He also praised the determination of Fairplay area citizens to bring back their local fire company. Commissioner Keefer noted that he was present during the WCVFRA meeting where members voted unanimously to return the company to service, stating that it has the full support of its fellow fire and rescue companies and the County Commissioners. Commissioner Baker congratulated all for their efforts and wished the new company well. The motion passed unanimously. FOURTH OUARTER (FINAL) 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 Fourth Quarter Fiscal Year 2016 General Fund Budget by decreasing the following categories: Revenue - $148,045; Instructional Salaries - $129,822; Other Instructional Costs - $92,508; Special Education - $230,110; and Maintenance of Plant - $915,287; and by decreasing the following categories Administration - $173,983; Mid - Level Administration - $97,994; Instructional Textbooks and Supply - $167,088; Student Personnel Services - $6,937; Student Health Services - $9,091; Student Transportation Services - $214,397; Operation of Plant - $839,002; Capital Outlay - $2,630; Food Service - $2,334; and Fixed Charges - $499,897 for a net change in fund balance of $793,671. Mr. South discussed several categories of budget adjustments and advised that the latest amount brings the General Fund Balance to $8.25 million. Of that amount, $580,000 is committed to public/private partnerships, $4 million is committed to the downtown educational partnership and $3.7 million is currently unassigned. October 11, 2016 Page 8 Commissioner Myers, seconded by Barr, moved to approve the requested adjustments to the Washington County Board of Education's Fourth Quarter (Final) Fiscal Year 2016 General Fund Budget as presented. The motion passed unanimously. CITIZENS' PARTICIPATION James Devine, P.O. Box 22, Hagerstown, commented in favor of speed cameras in school areas for the safety of school children. Tad Tweed, Mace Energy Supply, Ringgold Pike, Smithsburg, expressed opposition to the State Highway Administration's Urban Reforestation Plan that includes trees planted in the right-of-way in front of his business near Smithsburg. He stated that he received a letter from the State notifying him that the plan is moving forward. The Commissioners discussed the matter and their intention to further discuss the issue with State officials. ADJOURNMENT Commissioner Cline, seconded by Myers, moved to adjourn at 12:37 p.m. The motion passed unanimously. Gregory B Murray, C unty Administrator John M. Martirano, County Attorney Vicki C. Lumm, County Clerk IV=