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HomeMy WebLinkAbout07.20.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland July 20, 2010 President John F. Banc called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 8:40 a.m. with the following members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire and James F. Kerclieval. INVOCATION AND PLEDGE OF ALLEGIANCE President Barr gave the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — JuIv 13.2010 Commissioner Kercheval, seconded by Aleshire, moved to approve the minutes of July 13, 2010. The motion passed unanimously. REPORTS AND COMMENTS Commissioner Baker reported that he received comments from individuals in favor of repairing the Devil's Backbone Dam. He also reported receiving calls regarding real estate tax bills. Mr. Baker thanked those working and volunteering at the Ag Expo held this week. Commissioner Aleshire noted that the Commissioners received a letter from the Maryland Department of the Environment regarding the C. William Hetzer Shale Pit and its installation of a crushing and screening plant. Mr. Aleshire attended the first meeting of the Lobbying Coalition to begin discussion of next year's legislative issues. He stressed that the County Commissioners and municipalities need to provide input. He attended Smithsburg Pride Days and also met with Columbia Gas regarding initiatives for extension of utilities. Commissioner Aleshire attended the Commission on Women Board meeting and indicated that there are open positions on the Board. He reported attending a meeting of the Rural Heritage Museum at the Ag Center, visiting Ag Expo, and attending a luncheon of the Farm Bureau. He was present at a meeting of the Economic Development (EDC) Board. Mr. Aleshire attended events held by the Chamber of Commerce and Jaycees. Referring to the annual report of the Washington County Detention Center, he noted the low percentage of graduates from the enrollees in its GED program. Cormnissioner Kercheval informed the Commissioners that he also attended the Lobbying Coalition meeting and requested citizens' input for legislative requests. He attended a meeting of the Black Rock Golf Board and indicated that it appears net figures will be better than last year. He thanked Jim Sterling and the Black Rock Staff for cutting expenses and implementing new marketing efforts. Mr. Kercheval attended the Governor's Task Force for Business Tax Reform where a subcormnittee recommended broader authority to counties to offer economic development incentive programs. He reminded those present that another Urban Growth Area public information meeting would be held on July 21 at Springfield Middle School. July 20, 2010 Page 2 Commissioner Barr stated that he attended the Maryland Association of Soil Conservation District meeting. He congratulated Steve and Carlton Ernst of Clear Spring and John and J.D. Rinehart of Rinehart Orchards in Smithsburg for being the first two farms to receive certification in the new Fann Stewardship Certification program. Mi•. Barr stated that he attended a contract signing between the Associated Builders and Contractors, the Barr Academy, and the State Department of Education regarding a pre -apprenticeship program for juveniles at the Victor Cullen Center. He attended the civil war reenactment and community activities held Saturday in Funkstown. Commissioner Barr noted that he was on the last incoming flight from Florida by Allegiant Airlines and stated that Airport Staff are working to obtain a new carrier to provide the service. He mentioned that the commuter service provided by Cape Air was doing well with four flights per day between Hagerstown and BWI Airport. Commissioner Barr reported that he participated in the "Bone to be Wild" motorcycle ride fundraiser for the Humane Society and also the Shriners motorcycle ride fundraising event. (Commissioner Wivell arrived at 9:05 a.m.) REOUEST FOR APPROVAL OF SCHOOL MITIGATION PROPOSAL FOR PROPOSED SINGLE-FAMILY SUBDIVISION UNDER THE ADEOUATE PUBLIC FACILITIES ORDINANCE Mike Thompson, Planning Director, and Fred Frederick, Professional Engineer and land surveyor with Frederick, Seibert and Associates, Inc., representing the Applicants, presented a request to the Commissioners for approval of a School Mitigation Proposal for a single-family subdivision consisting of five additional lots under Section 9.1 of the Adequate Public Facilities Ordinance (APFO). The proposed development is located in the Clear Spring Elementary, Middle and High School Districts, of which the elementary school is rated over capacity. Mr. Frederick provided information on the applicants, Jolmr and Linda Horst, who intend to continue farming but would use the lots as collateral for fanning operations. The Commissioners discussed the proposal. Commissioner Aleshire expressed the desire to modify the APFO to address these types of requests. Commissioner Kerclreval stated his concern that the mitigation should be similar to other mitigation agreements previously completed. Commissioner Wivell, seconded by Baker, moved to enter into an APFO agreement with the Applicant, with an additional $4000.00l1ot APFO mitigation fee that would be due at the time of sale of a lot, unless the proceeds of the sale are used to support the fanning operation and/or purchase of additional farm land by the Applicant. Commissioner Kerclreval questioned how the "support of farming operations" could be defined. The motion passed with Commissioners Wivell, Baker, and Barr voting "AYE" and Commissioners Kercheval and Aleshire "NO". July 20, 2010 Page 3 FOREST CONSERVATION ORDINANCE TEXT AMENDMENT (FCO -09-001) AND RESOLUTION TO REVISE FEE SCHEDULE Mike Thompson, Planning Director, and Bill Stahoviak, Environmental Planner -Planning Department, discussed the proposed amendments to the Forest Conservation Ordinance (FCO), which were generated to comply with new legislation adopted by the State of Maryland. Mr. Stahoviak detailed the process and recent legislation that goes into effect on October 1, 2010. Mr. Thompson requested that a public hearing be scheduled on the revised text changes to the Ordinance and the Resolution for the payment -in -lieu of amounts. The Commissioners discussed the issue and decided to first obtain public comment and then further modify the Ordinance if necessary. It was the consensus of the Commissioners to direct Staff to set a date for a Public Hearing on the revised text of the Forest Conservation Ordinance and Resolution. CERTIFICATE IN MANAGEMENT RECOGNITION On behalf of the Board of County Commissioners, President Barr presented Certificate of Management awards to Mike Rolner, Chief Plant Operator -Division of Environmental Management, and Rob Slocum, Deputy Director, Public Works -Capital Projects. The management course is a leadership skills program administered by Hagerstown Community College. The Commissioners congratulated the employees for their achievements. CERTIFICATION OF AFSCME AS THE EXCLUSIVE REPRESENTATIVE OF THE EMPLOYEES OF THE COLLECTIONS AND MAINTENANCE WORK GROUPS OF THE DIVISION OF ENVIRONMENT MANAGEMENT FOR THE PURPOSE OF COLLECTIVE BARGAINING William Sonnik, Human Resources Director, and James Bestpitch, International Representative of AFSCME, appeared before the Commissioners to provide details on the request for unionization by Washington County's Wastewater Collections and Maintenance employees. Mr. Bestpitch stated that the employees have taken a formal vote in favor of representation by AFSCME Local 2677. The Commissioners discussed the process involved with the request. Commissioner Baker, seconded by Wivell, moved to modify the existing MOU and certify that AFSCME is hereby recognized as the exclusive representative of the employees of the Collections and Maintenance Work Groups for the purpose of collective bargaining, subject to the current Memorandum of Understanding and the side letter dated July 20, 2010 attached to the Resolution. The motion passed with Commissioners Baker, Wivell, Aleshire, and Barr voting "AYE" and Commissioner Kercheval "ABSTAINING". (Resolution No. RS -2010-17 is located in the County Commissioners' Office.) STORMWATER MANAGEMENT, GRADING, SOIL EROSION AND SEDIMENT CONTROL ORDINANCE Joe Kroboth, III, Public Works Director, and Jennifer Smith, Deputy Director, Public Works -Land Development, provided information on the recommended Stormwater July 20, 2010 Page 4 Management, Grading, Soil Erosion and Sediment Control Ordinance (SWM). Mr. Kroboth distributed recent comments received from the Maryland Department of the Environment (MDE) and proposed that they be incorporated into the draft Ordinance. The Commissioners discussed the Ordinance and the comments submitted by MDE. Mr. Kroboth stated that the proposed Ordinance would be posted on the Land Development Engineering Department's website and that copies may be obtained from the County's Public Works Department. It was the consensus of the Commissioners to schedule a public hearing relating to the new proposed Ordinance on August 3. CITIZENS PARTICIPATION There was no one present who wished to comment. EMERGENCY SHELTER GRANT APPLICATION FY 2010 Sherry Neil, Deputy Director, and Dave Jordan, Executive Director -Washington County Community Action Council, provided information on the FY 2010 Emergency Shelter grant application and requested that the Corrunissioners approve submittal of the agreements. Corrunissioner Kercheval, seconded by Baker, moved to approve the submission of the Emergency Shelter Grant application, the forthcoming grant agreement, and the sub - recipient agreements for FY 2010 to the Department of Housing and Community Development for $50,000.00 to provide funding for the operation and maintenance of Community Action Council, CASA, SL John's Shelter, and REACII, Inc. The motion passed unanimously. OTHER BUSINESS: REPORTS FROM COUN'T'Y STAFF County Administrator County Administrator Greg Murray advised that Channel 6 on Antietam Cable television is playing a segment every few hours to explain recent tax changes. He indicated that a DVD of the presentation is available and a link is being placed on the County's website. Mr. Murray informed the Commissioners that beginning in August, the Board's term goals and accomplishments over the past four years would be reviewed. Ile indicated that he would be attending annual meetings of the Environmental Protection Agency this week in Washington, DC. Public Works Joe Kroboth, III, Public Works Director, reported that work at the Transit facility was now underway and that the Franklin Street transit project would begin construction on July 26. Mr. Kroboth stated that Staff has held discussions with the Maryland Historic Trust and a meeting is planned with the Antietam Creek Watershed Alliance and agencies regarding the Devil's Backbone Dam, Mr. Kroboth advised that Airport Manager Carolyn Motz has announced her retirement effective December 31, 2010. He requested authorization to July 20, 2010 Page 5 update the job description and begin the process to fill the position. It was the consensus of the Commissioners to proceed as requested. Commissioner Aleshire questioned the status of the demolition of the Trego Road structure. Mr. Kroboth detailed the process that is underway, indicating that the Department of Natural Resources would be onsite September 20, 2010 to prepare the site for demolition. Sheriff's Deoartment James W. Brown, Grants Administrator -Sheriff's Department, recommended the acceptance of a no -match grant adjustment for $60,000.00 in funding to purchase eight additional in -car computers to run specialized programs for deputies in the field. Commissioner Aleshire, seconded by Wivell, moved to accept the Governor's Office of Crime Control and Prevention — Edward Byrne Memorial Justice Assistance Grant — JAG - for $60,000.00 as presented. The motion passed unanimously. COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR GRANT — SENIOR CENTER FUNDING Susan Buchanan, Fiscal Specialist -Economic Development Commission, requested approval of a grant agreement for $677,123.69 in Community Development Block Grant (CDGB) funding for the construction of a Senior Center. The Commissioners discussed the grant and whether there were any restrictions attached that would make the building ineligible for other uses such as recreation and night courses, and if the size of the final building was tied to the grant. The County Attorney's Office was directed to research the issue. Commissioner Baker, seconded by Kercheval, moved to approve acceptance of grant agreement MD -10 -CD -7 of $677,123.69 for funding of the construction of the Senior Center, contingent upon the County Attorney's Office review of the grant agreement concerning the legal issues noted above. The motion passed unanimously. LUNCH RECESS The Commissioners recessed at 11:28 a.m. to visit the Agriculture Education Fair being held at the Agricultural Center this week. AFTERNOON SESSION President John F. Barr called the afternoon session to order at 1:48 p.m. with the following members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval and William J. Wivell. CONVENE IN CLOSED SESSION Commissioner Wivell, seconded by Kercheval, moved to convene in closed session at 1:48 p.m. to discuss the appointment, employment, assignment, discipline, demotion, removal, resignation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; to discuss personnel matters that affect one or more specific July 20, 2010 Page 6 individuals; to consult with staff or other individuals about pending or potential litigation; to consult with counsel to obtain legal advice; to discuss public security as the public body has determined that public discussion would constitute a risk to the public or public security; to discuss an investigative proceeding on actual or possible criminal conduct; 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 10-508 of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed the appointment, employment, assignment, discipline, demotion, removal, resignation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; consulted with staff or other individuals about pending or potential litigation; consulted with counsel to obtain legal advice; discussed public security as the public body has determined that public discussion would constitute a risk to the public or public security; discussed an investigative proceeding on actual or possible criminal conduct; and considered a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present were Gregory Murray, County Administrator; Vicki Lurnm, County Clerk; and at various times Andrew F. Wilkinson, Assistant County Attorney; Kirk C. Downey, Assistant County Attorney, William Sonnik, Human Resources Director; Julie Pippel, Solid Waste Department Director; Tim Troxell, EDC Director, Rob Ferree, EDC Deputy Director, Stephanie Stone, LMB Director, Kevin Lewis, Department of Emergency Services Director; Greg Larsen, Airport Business Development Manager, and Jeffrey Trite. RECONVENE IN OPEN SESSION Commissioner Wivell, seconded by Kercheval, moved to reconvene in open session at 3:44 p.m. The motion passed unanimously. VOLUNTEER FIRE DEPARTMENT OF HALFWAY — UPDATE Kevin Lewis, Director -Department of Emergency Services, provided an update on the financial issues of the Volunteer Fire Company of Halfway (Halfway). He referenced a meeting held on July 29 between Halfway, the Washington County Volunteer Fire and Rescue Association, and County Staff regarding the Company's ability to provide proper service levels. Mr. Lewis reported that Halfway's fire and EMS service levels were being monitored and he saw no concerns. The Commissioners discussed Halfway's financial situation with President Jim Kimball and Treasurer Kingsley Poole, who stated that the company's finances were more stable. Mr. Kimball indicated that Halfway intends to sign the Memorandum of Understanding (MOU) to receive County funding for Emergency Medical Services (EMS) staffing. Commissioners Baker and Wivell expressed the desire to fund Halfway during the ongoing investigation into missing funds including EMS staffing, since proper service levels are being maintained and dialogue is continuing between all parties. Commissioner Aleshire commented that additional new funding should be July 20, 2010 Page 7 withheld until the investigation into missing revenue is completed. Commissioner Kercheval felt that current funding should be maintained but additional new funding should be withheld until County Staff complete a financial review. Commissioners Baker and Wivell commented that all funding should continue, respectively, as the provision of services remains adequate and no one has been proven guilty of any wrongdoing. County Administrator Greg Murray noted that a fixture meeting with the parties is scheduled and would include a financial review. APPOINTMENTS — PENMAR DEVELOPMENT CORPORATION Commissioner Wivell, seconded by Aleshire, moved to appoint John Van Der Cruyssen and Eleanor Lakin to serve on the PenMar Development Corporation Board to fill the unexpired terms of Mark DiLandro and Judith Robinson, extending through June 30, 2013. ADJOURNMENT Commissioner Aleshire, seconded by Baker, moved to adjourn at 4:13 p.m. The motion passed unanimously. County County Attorney (rre�o�. lam. County Clerk