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HomeMy WebLinkAbout08.23.2016 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland August 23, 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 10:11 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 — JULY 26, 2016 Commissioner Myers, seconded by Keefer, moved to approve the minutes of July 26, 2016. The motion passed unanimously. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Cline congratulated Commissioner Barr on a successful Maryland Association of Counties (MACo) conference last week in Ocean City. Mr. Cline reported attending the Eagle Scout Court of Honor for William Hildebrand. Commissioner Keefer also offered compliments to Commissioner Barr on the MACo conference attended by all County Commissioners. Commissioner Myers congratulated Commissioner Barr for his achievements during his current term as MACO's President. Commissioner Barr commented on his duties as MACo President and having accomplished his goal of visiting each of the 24 jurisdictions in Maryland between sine die and the MACo Summer Conference. He discussed the conference where members of Governor Hogan's staff were available to discuss issues with attendees. Mr. Barr personally spoke to the Governor and thanked him for the Day Reporting Center grant. Mr. Barr complimented the Public Relations and Business Development departments for the exceptional booth display at the conference co-sponsored by the Hagerstown -Washington County Convention and Visitors Bureau. Commissioner Baker reiterated previous comments and thanked County staff for the excellent work done at the MACo conference. REPORTS FROM COUNTY STAFF Countv Attornev's Office — Annlication for Man Amendment RZ-16-002 Kirk C. Downey, Deputy County Attorney, presented the proposed Decision and Findings of Fact for the application from Carlin and Cheryl Martin for Map Amendment Case No. RZ-16-002. The subject parcel is requested to be rezoned from AR—Agricultural Rural, to August 23, 2016 Page 2 RB -Rural Business floating zone with underlying Agricultural Rural (on 1.3 acres of the parcel.) The County Commissioners held a public hearing on July 19, 2016 concerning the requested map amendment after which they reached a consensus to approve the request. Commissioner Cline, seconded by Keefer, moved to approve the requested map amendment for RZ-16-002 and adopt the Decision and Findings of Fact as presented. The motion passed unanimously. (Ordinance No. ORD -2016-15 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) The Decision is attached hereto. Appointments to Boards/Commissions Justice Reinvestment Commission County Clerk Vicki Lumm discussed a request from the Governor's Office of Crime Control and Prevention that each County appoint a representative to serve on the newly established Justice Reinvestment Commission. The Commission is charged with advising the Justice Reinvestment Oversight Board on matters relating to implementing the Justice Reinvestment Act. Commissioner Keefer nominated Jordan Lysczek, Esquire, as the County's representative and discussed her qualifications. Commissioner Cline, seconded by Keefer, moved to appoint Jordan Lysczek, Esquire, as Washington County's representative to the Justice Reinvestment Commission. The motion passed unanimously. Countv Administrator County Administrator Greg Murray stated that the Commissioners would be holding an evening meeting tonight at the town of Smithsburg. He reiterated the positive comments regarding Commissioner Barr's term as President of MACo. Mr. Murray commented on the positive things happening in County Government and Washington County with the Commissioners being at the forefront of many activities. APPOINTMENT OF MEMBERS TO THE 2016 WASHINGTON COUNTY SALARY STUDY COMMISSION Kendall McPeak, Assistant County Attorney, appeared before the Commissioners to discuss the appointment of members to the 2016 Salary Study Commission. Maryland law requires the County Commissioners to appoint a Salary Study Commission every four years to make recommendations concerning the salaries of certain elected officials including the County Commissioners. Ms. McPeak advised of the following individuals recommended for appointment to the Commission, noting that representatives still are needed from the Farm Bureau and County Commissioners: Associated Builders & Contractors, Inc. — Will Seilhamer Board of County Commissioners — Central Maryland AFL-CIO Council — Chip Cook Chamber of Commerce — Donna Long Democratic Central Committee — Peter Perini August 23, 2016 Page 3 Farm Bureau — Joint Veterans Council — Wayne Taylor League of Women Voters — Richard Willson Republican Central Committee — Stephen Showe Ms. McPeak stated that she anticipates receiving the name of a Farm Bureau representative in the near future. The Commissioners discussed their responsibility to the Commission and the fact that a final report to the Washington County Delegation is no longer required. The salaries of the positions studied as recommended by the Commission may be accepted, rejected or decreased, but not increased by the County Commissioners. Any changes to salaries would apply subsequent to the next election and would not affect any current seated positions. It was their consensus to discuss their representative during next week's meeting. PROCLAMATION FOR DISABLED AMERICAN VETERANS "FORGET-ME- NOT" MONTH The Commissioners presented a proclamation to Commander Gordon Fairman and Senior Vice Commander J. R. Arnold of Chapter 14 of the Disabled American Veterans in recognition of "Forget -Me -Not Month" in September. Mr. Fairman noted that all monies collected at various locations in the community go toward local veterans' needs. The men discussed services provided by the group including free rides to appointments and $100 to spouses of deceased veterans. The Commissioners commended the organization for its service to the community. MARYLAND DEPARTMENT OIC HOUSING AND COMMUNITY DEVELOPMENT NEIGHBORHOOD CONSERVATION INITIATIVE GRANT AGREEMENT Susan Buchanan, Senior Grant Manager, Community Grant Management, and Joyce Heptner, Habitat for Humanity of Washington County, requested approval of a Maryland Department of Housing and Community Development Neighborhood Conservation Initiative Grant Agreement of $45,000. Ms. Buchanan advised that the grant would provide Habitat for Humanity additional funds needed to complete its rehabilitation of a foreclosed home that will be sold to a qualified low income family. The property was purchased using funds from a previous Neighborhood Conservation Initiative Grant. During the course of renovations, extensive asbestos and lead paint issues were discovered. The new grant will reimburse additional expenses associated with remediating those issues. A sub -recipient agreement is to be executed between the County and Habitat for Humanity outlining the terms and conditions of the grant. No matching funds or in-kind contributions are associated with the grant. Commissioner Barr, seconded by Cline, moved to accept the Maryland Department of Housing and Community Development Neighborhood Conservation Initiative Grant Agreement of $45,000 as presented and approve the execution of all necessary documents including the required sub -recipient agreement to effectuate the grant. The motion passed unanimously. August 23, 2016 Page 4 COMMUNITY ORGANIZATION FUNDING — SERVICE PRIORITY AREAS FOR FISCAL YEAR 2018 Jim Hovis, Director, Office of Community Grant Management, presented the proposed service priority areas developed by the Community Organization Funding Committee (COFC) in preparation for the Fiscal Year 2018 application process. Mr. Hovis indicated that $1,700,000 is available for disbursement subject to adjustments that may be made during the budget year. The COFC developed the following six service priority areas for consideration by the County Commissioners: Arts and Culture (13.4%), Domestic Violence (18%), Families and Children (15%), Recreation (1.6%), Seniors (51.4%), and Other (0.6%). Mr. Hovis stated that the COFC retains the latitude to move 10% from one category to another. County Administrator Greg Murray discussed the history of the development of the COFC, the process used to rank the recommendations and the report by organizations to show accountability for the funds received. Commissioner Cline, seconded by Barr, moved to approve the Community Organization Funding priorities and funding percentages for Fiscal Year 2018 as recommended by the Community Organization Funding Committee. The motion passed unanimously. PUBLIC HEARING — REOUESTS BY ORGANIZATIONS TO BE ADDED TO THE SECTION 1-108 LIST President Terry L. Baker convened a Public Hearing at 11:01 a. in. to obtain public comment regarding certain requests received from four Washington County nonprofit organizations to be added to the list of organizations to which the Board of County Commissioners may contribute funds, pursuant to Section 1-108 of the Code of Public Local Laws of Washington County, Maryland (1-108 List.) County Attorney John Martirano reviewed the process and stated that being added to the list does not guarantee an organization will receive funding; that decision is made separately as part of the Community Organization Funding process and ultimately during the County's budgetary process. Four organizations requested to be added to the 1-108 List: 1. Fahmey-Keedy Home & Village 2. Washington County Housing Solutions, Inc. 3. Brave HEART Program, Inc. 4. National Road Heritage Foundation, Inc. The hearing was opened for public comment. The following individuals spoke on behalf of their organizations: Dick Keesecker, Vice President of the National Road Heritage Foundation, Inc. and Cassandra Weaver, Executive Director, Fahmey-Keedy Home & Village. The public hearing was closed at 11:08 a.m. The meeting was opened for questions from the Commissioners. August 23, 2016 Page 5 Commissioner Myers, seconded by Barr, moved to approve a resolution adding the four organizations to the 1-108 List as presented. The motion passed unanimously. (Resolution No. RS -2016-12 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) NINETY -DAY REPORT FROM DELEGATE MIKE McKAY Delegate Mike McKay, District 1 C, provided a report compiled of his votes on bills brought forward during the 436th Legislative Session of the Maryland General Assembly. He also distributed a "90 -Day Report" that is a review of the legislative session compiled each year by the Department of Legislative Services for the President of the Senate, Speaker of the House and members of the General Assembly. The Commissioners thanked Delegate McKay for the information and wished him well during the 2017 Legislative Session. HAGERSTOWN-WASHINGTON COUNTY CONVENTION AND VISITORS BUREAU REPORT Hagerstown -Washington County Convention and Visitors Bureau (CVB) President Dan Spedden and Treasurer Al Martin provided information on the CVB, a 501(c)(6) corporation, and tourism in Washington County. Mr. Spedden discussed tourism in Washington County and commented how it raises the community's profile and encompasses over 6,500 tourism -related jobs, $34 million in annual lodging receipts and over $9 million in direct tax revenues. Mr. Spedden discussed increased digital marketing and the new "Visit Hagerstown" mobile application launched August 1 that covers amenities and attractions in and surrounding Washington County. The organization won a digital marketing award last year due to its efforts. Mr. Spedden noted that the CVB is bidding on a USA Cycling National Championship in 2018 and 2019. Al Martin reviewed the "clean" financial audit of the organization performed by independent auditor Smith Elliott Kearns and Company, LLC of Hagerstown. He described the CVB's excellent financial status noting that room revenues continue to grow. The Commissioners discussed the group's initiatives and commended it for the positive audit. Commissioner Barr thanked Mr. Spedden for the CVB's participation during the MACo Summer Conference and Commissioner Keefer congratulated Mr. Spedden for being appointed to the State Convention and Visitors Bureau. Commissioner Barr, seconded by Myers, moved to accept the annual report as presented. The motion passed unanimously. 2016 HOUSING BOND ALLOCATION TRANSFER Stephen Goodrich, Director, Planning and Zoning, requested approval to transfer Washington County's 2016 Housing Bond Allocation of $5,261,328 to the Maryland Community Development Administration for issuing housing bonds on behalf of the County. Mr. Goodrich indicated that the State of Maryland invites local governments to collaborate each year in a statewide bond pool for first-time homebuyers. Washington August 23, 2016 Page 6 County has traditionally used its allocation to participate in the program. Allocating the money back to the State might allow more for Washington County residents if excess funds from other counties are returned to the pool for re -distribution. Commissioner Barr, seconded by Keefer, moved to approve the transfer of Washington County's 2016 Housing Bond Allocation of $5,261,328 to the Maryland Community Development Administration for the issuance of housing bonds on behalf of Washington County. The motion passed unanimously. MARYLAND STATE DEPARTMENT OF EDUCATION SCHOOL BASED HEALTH CENTERS GRANT AWARD Stephanie Lapole, Grant Manager, Office of Community Grant Management, presented a request to submit a grant application for the provision of School Based Health Centers in Washington County to the Maryland State Department of Education for $200,384. Ms. Lapole stated that there are currently two centers in the County, one located at South Hagerstown High School operating three days per week and one at Western Heights Middle School operating two days per week providing exams, prescriptions, immunizations, nutritional assessments, ordering lab work and assisting in the management of chronic conditions. Funding of $10,019 is included in the award for County administrative support. Commissioner Cline, seconded by Keefer, moved to approve the submission of the grant application of $200,384 for the provision of School Based Health Centers in Washington County as presented. The motion passed unanimously. QUOTATION AWARD — EMERGENCY MEDICAL SERVICES -MEDICAL DIRECTOR SERVICES David Hays, Director, and David Chisholm, Assistant Director, Emergency Services, presented the recommendation to award the contract for Emergency Medical Services - Medical Director Services (Q-16-623) to the responsible, responsive sole bidder, Janelle Martin, M.D. of Mount Airy, Maryland, for the first year ($21,000), second year ($23,000), and third year ($25,000) for a Total Sum of $69,000. Mr. Chisholm discussed the Request for Quotation for qualified medical physicians to provide Emergency Medical Services -Medical Director Services as required by the Maryland Institute of Emergency Medical Services and COMAR Title 30. Funding is available in the department's operating budget. Commissioner Cline, seconded by Barr, moved to award the contract for Emergency Medical Services—Medical Director to the responsible, responsive sole bidder, Janelle Martin, M.D. of Mount Airy, Maryland for the first year ($21,000), second year ($23,000), and third year ($25,000) for the Total Sum of $69,000 as presented. The motion passed unanimously. CITIZENS' PARTICIPATION No citizens attending the meeting wished to participate. August 23, 2016 Page 7 CONVENE IN CLOSED SESSION Commissioner Myers, seconded by Keefer, moved to convene in closed session at 12:01 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; 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 to 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. (4-0, Commissioner Cline was absent from the vote.) In closed session, the Commissioners discussed several personnel/position recommendations with County staff, discussed a specific personnel recommendation and related staffing issues with County staff, discussed various issues relating to a business entity's proposal to expand its ongoing business operations in the County; and considered specific details and proposed action regarding the potential acquisition of real property located in the County. During closed session, the Commissioners provided direction to County staff regarding several personnel matters/recommendations; provided instruction to County staff regarding a specific personnel issue/staffing recommendation; provided direction to staff relating to a business entity's proposal to potentially expand its business operations in the County; and instructed staff to move forward in the most efficient manner possible regarding the potential acquisition of real property located in the County needed for public use. 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 Stephanie Stone, Director, Health and Human Services; David Hays, Director, Emergency Services; Dave Chisholm, Director, Emergency Medical Services; Debra Murray, Chief Financial Officer; Bob Mandley, Business Development Specialist, Business Development; Lindsey Rader, Bond Counsel for Washington County; Ed Plank, Director, Highway Department; John Pennesi, Deputy Director, Parks and Recreation; Rob Slocum, Director, and Susan Small, Real Property Administrator, Engineering and Construction Management; and Greg Snook, President, Hagerstown -Washington County Industrial Foundation. RECONVENE IN OPEN SESSION Commissioner Cline, seconded by Keefer, moved to reconvene in open session at 1:26 p.m. The motion passed unanimously. August 23, 2016 Page 8 RECESS The Commissioners recessed at 1:26 p.m. JOINT MEETING WITH THE WASHINGTON COUNTY BOARD OF EDUCATION — URBAN IMPROVEMENT PLAN PROJECT The Board of County Commissioners met with the Washington County Board of Education at the Center for Education Services, 10435 Downsville Pike, Hagerstown. Commission President Terry L. Baker called the meeting to order at 2:10 p.m. In attendance were Vice President Jeffrey A. Cline and Commissioners John F. Barr, Wayne K. Keefer and LeRoy E. Myers, Jr. Board of Education members present were Donna Brightman, Justin Hartings, Jacqueline Fischer, Michael Guessford, Karen Harshman, Wayne Ridenour and Melissa Williams. Also participating in the meeting were Washington County Public Schools Superintendent Dr. Clayton Wilcox, State Senator Andrew Serafini and University System of Maryland -Hagerstown Campus Executive Director Mark Halsey. County Administrator Greg Murray updated the parties regarding the Urban Improvement Plan Project that involves expanded facilities for the Maryland Theatre and the University System of Maryland -Hagerstown Campus (USMH)/Board of Education partnership referred to as the Urban Educational Campus (UEC). The parties discussed the multiple funding sources required for the project. Senator Serafini stated that the State's Interagency Committee on School Construction has discussed providing as much as $5 million for the high school classroom building that would support the BOE component of the UEC to be used for possible additional high school programming in Hagerstown's City Center. A draft Memorandum of Understanding has been developed between the School Board and USMH regarding the school system's planned use of the college's space in a privately owned former bank building. BOE students would use the space during the day and USMH students in the evening. Additional hospitality facilities would also be available to serve as cafeteria space. The County has designated funding of $4 million for the high school classroom building and $500,000 for theater design. The School Board has reserved $4 million for the downtown project. Greg Murray indicated that the total project cost would be approximately $27 million; the theatre project $11 million, the high school classroom building $13 million and a plaza (behind the UEC/Maryland Theatre) $3 million, with remaining partnerships with the State, City of Hagerstown and developer contribution supporting the project. The County requested that the BOE move forward with a commitment to the shared space concept for the UEC so that funding can be pursued and construction of the USMH facilities initiated, followed by approval of the detailed MOU necessary to finalize the agreement after legal and Board review. The commitment to the project concept is of paramount importance so that the Board of Regents with the USMH can provide final commitment to the project. RECESS The Commissioners recessed at 3:00 p.m. August 23, 2016 Page 9 EVENING MEETING — TOWN OF SMITHSBURG The evening session of the regular meeting of Board of County Commissioners of Washington County was held at Smithsburg Town Hall, 21 West Water Street, Smithsburg. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barr gave 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 7:00 p.m. with the following members present: Vice President Jeffrey A. Cline and Commissioners John F. Barr, Wayne K. Keefer and LeRoy E. Myers, Jr. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Cline commented on last week's Maryland Association of Counties (MACo) Summer Conference stating that as its President, John Barr was the first in many years to visit all Maryland counties during his term to discuss issues. He reported attending the Eagle Scout Court of Honor for William Hildebrand. Commissioner Keefer introduced himself to attendees. He reported meeting last month with Smithsburg Mayor Myers and several staff members to discuss issues in Smithsburg. Commissioner Myers reiterated the positive comments on the MACo Summer Conference and Commissioner Barr's presidency. Commissioner Barr thanked the Mayor and attendees for the warm welcome. He discussed his visits to Maryland counties during the past few months stating that he would soon be meeting with Governor Hogan to discuss his findings during those visits. Commissioner Baker reported attending the MACo Summer Conference. He also volunteered to serve ice cream during the recent Smithsburg Carnival. MAYOR AND COUNCIL COMMENTS Smithsburg Mayor Mildred "Mickey" Myers requested an update on the proposal to have the County dedicate two narrow strips of land to the town of Smithsburg and approve a Road Transfer Agreement (Agreement) relating to 0.13 miles of East Water Street with the town. The Commissioners discussed the proposal. Under the terms of the Agreement, the County would repair and pave the described portion of the roadway and subsequently convey it to the town. Resurfacing costs are estimated at $76,000 with the town agreeing to pay approximately $20,000 toward those costs. Mayor Myers stated that five properties on East Water Street have previously been annexed and given a five-year grace period before being required to pay town taxes. August 23, 2016 Page 10 Commissioner Cline, seconded by Myers, moved to approve the Road Transfer Agreement between the town and the County that would transfer a portion (0.13 miles/92,155 square feet) of East Water Street to the town of Smithsburg. County Attorney John Martirano advised that the motion should include the acceptance of the previous dedication of two small narrow strips of land containing an aggregate of 2,952 square feet which is part of the area shown on Subdivision Plat No. 5755 labeled "30" R/W to be Dedicated to the Public" and the subsequent conveyance of those two small areas of land to the town by the County. Commissioner Cline restated his motion to include the acceptance of the previously dedicated parcels of land and the subsequent conveyance of the said land to the town as presented, and Commissioner Myers seconded. The Commissioners discussed the proposed transfer and Commissioner Cline reiterated that the County would have no interest in the property after its transfer to the town. The restated motion passed unanimously. Mayor Myers discussed an ongoing issue with the Washington County Board of Education regarding safe routes to school for students from the Whispering Hills subdivision that must cross an often -wet stormwater maintenance pond on their walk to school. She stated that Dr. Wilcox has acknowledged an invitation to a meeting on September 19 at 5 p.m. at Town Hall to discuss the problem. The mayor invited the County Commissioners to attend. REPORTS FROM COUNTY STAFF County Clerk — Appointment to Boards/Commissions Adult Public Guardianship Review Board Commissioner Barr, seconded by Myers, moved to appoint Alice Dagenhart and Ronnie Hooten-Santiago as community representatives to the Adult Public Guardianship Review Board to serve first, three-year terms through August 31, 2019. The motion passed unanimously. Communitv Organization Fundine Committee Commissioner Barr, seconded by Keefer, moved to appoint Linda Ebersole as Commissioner Myers' representative to the Community Organization Funding Committee to serve an unfulfilled term through June 30, 2017. The motion passed unanimously. County Administrator — Assistant Director of Fire Services Position County Administrator Greg Murray discussed the recent restructuring of the County's Division of Emergency Services and the vacant position of Assistant Director of Fire Services. He reported that interviews were conducted with many excellent candidates for the positon and Jonathan Hart is recommended to be hired at Grade 16, Step 4. Mr. Hart is a retired Division Chief for the Baltimore County Fire Department with 25 years of service and is a volunteer firefighter. Commissioner Cline, seconded by Barr, moved to hire Jonathan Hart as the Assistant Director of Fire Services for Washington County at Grade 16, Step 4. The motion passed unanimously. August 23, 2016 Page 11 CITIZENS PARTICIPATION Council Member Jack Wenthe welcomed the Commissioners to Smithsburg. Council Member Rich Hetherington commented on the safe route to school issue discussed by Mayor Myers. Concerned parents in attendance discussed the matter with the Commissioners and possible solutions to the problem. Many parents expressed their opinion that the best answer is to provide school buses for all students in the subdivision. Elementary students are bused to school but middle and high school students are required to walk based on the school system's distance policy. Commissioner Myers stated that he would call Dr. Wilcox regarding the matter and he requested to be shown the area in question after the meeting. ADJOURNMENT Commissioner Myers, seconded by Cline, moved to adjourn at 7:50 p.m. The motion passed unanimously. Gregory B. rray, Coun Administrator �Y— John M. Martirano, County Attorney Vicki C. Lumm, County Clerk