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HomeMy WebLinkAbout08.09.2011 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland August 9, 2011 President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 8:33 a.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barr gave the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — JULY 26, 2011 REGULAR MEETING AND JULY 26.2011 URBAN GROWTH AREA PUBLIC HEARING Commissioner Cline, seconded by Callaham, moved to approve the minutes of the July 26, 2011 meeting. The motion passed unanimously. Commissioner McKinley, seconded by Callaham, moved to approve the minutes of the July 26, 2011 Urban Growth Area Public Hearing. The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner Cline attended public hearings for the Urban Growth Area (UGA) and the Holcim Quarry (RZ-11-001) rezonings. He announced that the five Commissioners had purchased a 250 -pound swine at the Ag Expo Market Fair with their own funds and donated it back to Hannah Krull. Mr. Cline attended a luncheon at the Washington County Rural Heritage Museum, a volleyball fundraiser at Hagerstown Community College, and a National Day of Dance event at Rockland Woods Elementary School. He was present at the Hagerstown Premium Outlets for Maryland Comptroller Peter Franchot's announcement of tax-free week to be observed August 14-20. Commissioner Cline enjoyed the National Night Out event at Byron Memorial Park in Williamsport. He attended a Chamber of Commerce Eggs and Issues breakfast and a Tri -County Council budget meeting in Frostburg. Mr. Cline announced that lie would be serving as the 2012 Washington County Fundraising Chair for the March of Dimes. Commissioner Callaham stated that she attended a Planning Commission hearing on the text amendment regarding solar energy. She enjoyed the well -attended Buck Wild Hunter's Expo at the Ag Center. Ms. Callaham participated in the "Tyler's Trot" SK benefit run for Charge Syndrome. She reported on the New Educator's luncheon to welcome 71 new teachers to the school system. Commissioner Callaham was also present at Comptroller Franchot's tax-free week announcement. She commented on the Chamber of Commerce breakfast with a Norfolk Southern Corporation official who discussed a successful intermodal terminal. August 9, 2011 Page 2 Commissioner Barr reported that he enjoyed the Buck Wild Hunter's Expo and observed that many local vendors benefitted from the event. He thanked Parks and Recreation Director Jim Sterling and staff for their work during Ag Expo and other events taking place at the Ag Center facility. Mr. Barr also attended the UGA and Holcim public hearings, and the New Educator's luncheon. Commissioner McKinley stated that he was present at most of the events previously mentioned by his fellow Commissioners. He noted that the Conococheague Little League All-Star team is still in competition to represent the State at the national level. Mr. McKinley commented on the solar energy hearing held by the Planning Commission. He reported meeting with a citizen regarding recycling proposals. He congratulated the Buck Wild Hunter's Expo for a successful event. Commissioner McKinley reported on a meeting attended by Commissioner Baker, Public Works Director Joe Kroboth, I11, Senator Barbara Mikulski's representative Julianna Albowicz, Governor O'Malley's representative Christopher Uhl, and Senator Ben Cardin's representative Robin Summerfield to discuss the Mt. Aetna Farms area and its future opportunities. Commissioner Baker reported attending many of the same events as his fellow Commissioners. He attended a meeting with Greg Murray to discuss issues with a local company. Mi•. Baker volunteered at the Ag Expo Fair and the Clear Spring Carnival. He reported on a telephone call regarding the County's Animal Control Ordinance and concerns with the Humane Society of Washington County. He congratulated the Conococheague Little League All-Star team for its successful wins earned thus far. RENEWAL OF COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION PLAN. AND RESIDENTIAL ANTI -DISPLACEMENT AND RELOCATION ASSISTANCE PLANS Susan Buchanan, Fiscal/Research Specialist -Economic Development Commission (EDC) requested renewal of the County's Community Development Block Grant (CDBG) Citizen Participation Plan and the Community Development Block Grant Residential Anti - Displacement and Relocation Assistance Plans (Plans). Ms. Buchanan stated that federal regulations require that each unit of local government receiving or expecting to receive CDBG funds adopt these Plans. She indicated that Washington County initially adopted the Plans in 2008, which were in effect for a three-year period and must now be renewed for another three-year period to maintain compliance with the Department of Housing and Community Development regulations. Commissioner Callaham, seconded by Barr, moved to renew the County's Community Development Block Grant Citizen Participation Plan and the Community Development Block Grant Residential Anti -Displacement and Relocation Assistance Plan as presented. The motion passed unanimously. (The Plans are attached to these minutes.) August 9, 2011 Page 3 PUBLIC HEARING — MARYLAND NEIGHBORHOOD CONSERVATION INITIATIVE GRANT President Baker convened a Public Hearing at 9:02 a.m. in accordance with 24 CFR 570.486(a)(5) to obtain public comment regarding the acceptance of a grant agreement of $400,000.00 from the Maryland Neighborhood Conservation Initiative Program. Susan Buchanan informed the Commissioners that the State of Maryland is awarding the grant under the Neighborhood Stabilization Program to assist communities in acquiring and redeveloping abandoned and foreclosed homes in neighborhoods that have been impacted by foreclosure and sub -prime lending. Ms. Buchanan and Sharon Disque, Director, Hagerstown Downtown Neighborhood Partnership, Inc. (HDNP) advised that the use of NCI funds was restricted to twelve census tracts within the Hagerstown city limits and would be distributed to three community organizations, namely, Habitat for Humanity of Washington County, Inc. (HFHWC), Washington County Community Action Council, Inc. (CAC), and HDNP. Dave Jordan, Director, CAC, and Noel Williams, President, HFHWC, described the proposed projects: 1) the acquisition and rehabilitation of two abandoned and/or foreclosed homes for sale to low/moderate income persons by HFHWC; 2) acquisition of and rehabilitation of one abandoned and/or foreclosed home for rent to low/moderate income persons by CAC, and 3) providing down payment assistance and home counseling to low/moderate income persons in the qualifying census tracts through HDNP. The meeting was opened for discussion and questions fiom for the Commissioners. The Commissioners discussed the program with the presenters. The Public Hearing was opened for public comment. There was no one present who wished to comment. The Hearing was closed at 9:16 a.m. Commissioner Barr, seconded by McKinley, moved to approve a resolution authorizing the acceptance of the Maryland Neighborhood Conservation Initiative's Neighborhood Stabilization Program grant agreement for $400,000.00. The motion passed unanimously. (Resolution RS -2011-16 is located in the County Commissioners' Office) PROCLAMATION - CHILD SUPPORT AWARENESS MONTH David Engle, Director, Jill Meyers, Child Support Specialist, and Barbara Moyer, Assistant Director for Child Support Services, Department of Social Services (DSS), accepted a proclamation from the Commissioners proclaiming August 2011 as "Child Support Awareness Month." Ms. Meyers stated that the observance serves to encourage families who are not receiving child support services to apply for it and the event recognizes the outstanding efforts of the local Child Support staff. She indicated that DSS has been successful in collecting $14,587,051 for 6,050 single parent families in the community and has the highest collection percentage of 73% for the State of Maryland. The Commissioners commended the Department for its success and the assistance given to deserving families. August 9, 2011 Page 4 Commissioner McKinley, seconded by Barr, moved to proclaim August 2011 as Child Support Awareness Month. The motion passed unanimously. SALE OF REAL PROPERTY - FRENCH LANE FARMHOUSE Joe Kuhna, Real Property Administrator, requested permission to proceed with closing on 4.70 acres known as the "French Lane Farmhouse." He indicated that the property was taken to public auction on June 28, 2011 and an offer of $75,000.00 was received. Mr. Kuhna provided information on the history of the French Lane farmhouse and stated that its sale would generate future real estate tax revenue for the County. Commissioner Cline, seconded by Callaham, moved to proceed with closing on the property for $75,000.00 as presented and to adopt an ordinance approving said sale and the execution of the necessary documentation to finalize the sale. The motion passed unanimously. (Ordinance ORD -2011-15 is located in the County Commissioners' Office) ACOUISITION OF REAL PROPERTY —10152 GARIS SHOP ROAD Joe Kuhna requested approval of an option agreement for property located at 10152 Garis Shop Road, Hagerstown to allow for future widening and improvements in the Alternate Route 40/Poffenberger Road/Garis Shop Road area to include a traffic circle. He indicated that $120,000.00 is contained in the Capital Program Budget for the acquisition. The Commissioners discussed details of the project. Commissioner Barr, seconded by McKinley, moved to approve the option agreement for real property acquisition at 10152 Garis Shop Road for the purpose stated, to adopt an ordinance approving said purchase, and to authorize the execution of the necessary documentation to finalize the acquisition. The motion passed unanimously. (Ordinance ORD -2011-16 is located in the County Commissioners' Office) ACQUISITION OF REAL PROPERTY —13415 MARSH PIKE, 13418 MARSH PIKE. PARCEL 118. TAX MAP 25, AND PARCEL 158, TAX MAP 25 Mr. Kuhna requested approval of four option agreements for partial real property acquisitions located at 13415 Marsh Pike, 13418 Marsh Pike, Parcel 118, Tax Map 25, and Parcel 158, Tax Map 25, located in Washington County, to allow for future widening and intersection improvements in the Longmeadow Road/Marsh Pike area. He stated that $209,568.00 is contained in the Capital Program Budget for the acquisitions. The Commissioners discussed the scope of the project with Mr. Kuhna. Commissioner McKinley, seconded by Barr, moved to approve four option agreements for partial real property acquisitions at 13415 Marsh Pike, 13418 Marsh Pike, Parcel 118, Tax Map 25, and Parcel 158, Tax Map 25 for the purpose stated, to adopt an ordinance approving said purchase, and to authorize the execution of necessary documentation to finalize the acquisitions. The motion passed unanimously. (Ordinance ORD -2011-17 is located in the County Commissioners' Office) August 9, 2011 Page 5 OTHER BUSINESS Appointments to Boards and Commissions Advisory School Desien Review Committee Commissioner Barr, seconded by McKinley, moved to appoint Tim Bryan to fulfill an unexpired term as the mechanical contractor representative on the Advisory School Design Review Committee; to reappoint Rob Rollins as the Board of Education, Director of Facilities representative; to reappoint Donna Hardin as the Educator representative; and to appoint Paul Fulk as a citizen -at -large representative, all to three-year terms through August 31, 2014. The motion passed unanimously. Reports from County Staff Countv Administrator County Administrator Greg Murray noted that August 10 marks the one-year anniversary of the "'Video on Demand" service provided by Antietam Cable that gives the public greater access to County government. He advised that a public information meeting on recycling would be held on Tuesday, August 23 at 7:00 p.m. at North Hagerstown High School where citizens would have the opportunity to discuss the subject with the Commissioners and staff. Human Resources Acting Human Resources Director Dee Hawbaker requested approval to advertise to fill a full-time, Grade 7, Airport Maintenance Worker/Firefighter position at the Hagerstown Regional Airport due to a resignation. The Commissioners discussed the request. Comnnissioner Barr, seconded by McKinley, moved to approve the request as presented. The motion passed unanimously. Public Works Joe Kroboth, III, Public Works Director, commented that an agreement had been reached for Essential Air Service (EAS) now provided by Cape Air, to be continued through December 31, 2011 at the Hagerstown Regional Airport. He stated that in January 2012, the County would need to send a notice to the Secretary of Transportation at the federal level to request continuation of the service. The Commissioners discussed the effects of losing EAS with Phil Ridenour, Airport Director. He advised that five local positions and the landing fees would be lost if the service is discontinued. CONVENE IN CLOSED SESSION Commissioner Barr, seconded by McKinley, moved to convene in closed session at 9:57 a.m. to discuss the appointment, employment, assignment, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; to discuss personnel matters that affect one or more specific individuals, and to consult with counsel to obtain legal advice, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. August 9, 2011 Page 6 In closed session, the Commissioners discussed the appointment, employment, assignment, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed other personnel matters that affect one or more specific individuals, and consulted with counsel to obtain legal advice. Present during closed session were Commissioners Terry L. Baker, John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; John M. Martirano, County Attorney; and Joe Kroboth, III, Public Works Director, RECONVENE IN REGULAR SESSION Commissioner Barr, seconded by McKinley, moved to reconvene in regular session at 10:33 a.m. The motion passed unanimously. CITIZENS PARTICIPATION Tom Berry, Park Hall Road, Rohrersville, discussed his concerns regarding a procedural requirement for an oath that arose during the recent comprehensive rezoning public hearing. Mr. Berry advised that he has filed a Public Information Request with the County Attorney's Office and presented a copy of the request to President Baker. ANNUAL REPORT AND FUNDING ANNOUNCEMENT — GAMING COMMISSION Jim Hovis, Director of Gaming, and Michael Hansen, Gaming Commission Chair, introduced persons in attendance for the Gaming Commission (Commission) announcement of awards: Michael Hansen, Commission Chair; Larry Kessler, Vice Chair; and Commission members John Menard, Greg Shank, Jan Cirincione, John Zeigler, Paul Crampton, III; and Rebecca Fishack, representing Delegate Andrew Serafini. Michael Hansen presented the Commission's annual report and announced that $1,897,369.42 in gaming funds were collected in FY 2011, representing a 5.61% decrease from FY 2010. He stated that in compliance with state statute, 50% of the funds collected, or $948,684.71, were distributed to the Washington County Volunteer Fire and Rescue Association. The remaining $948,684.71 was made available to the Commission for distribution. Mr. Hansen indicated that 127 funding applications from 107 separate organizations were received, totaling $2,715,754.50. The Commissioners presented Mr. Hansen a Certificate of Appreciation for his set -vice to the Gaming Commission. He thanked the Commissioners for the opportunity to serve and for supporting the work of the Gaming Commission, CONVENE IN CLOSED SESSION Commissioner Cline, seconded by Barr, moved to convene in closed session at 11:25 a.m. to discuss the appointment, employment, assignment, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction, and to August 9, 2011 Page 7 discuss personnel matters that affect one or more specific individuals, 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, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction, and discussed other personnel matters that affect one or more specific individuals. Present during closed session were Commissioners Terry L. Baker, John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; John M. Martirano, County Attorney; and at various times, Jim Sterling, Director, Recreation and Parks Department; and Jim Hovis, Gaming Director. RECONVENE IN REGULAR SESSION Commissioner McKinley, seconded by Callahan, moved to reconvene in regular session at 11:54 a.m. The motion passed unanimously. RECESS The Commissioners recessed at 11:54 a.m. to attend a luncheon meeting with Aspiring to Serve at the offices of the Washington County Commission on Aging, 140 West Franklin Street, Hagerstown. AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:20 p.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. ALL-AMERICAN SOAP BOX DERBY WORLD CHAMPIONSHIP WINNER The Commissioners presented a Certificate of Merit and Washington County pin to Emily Fox, winner of the Superstock Division of the All American Soap Box Derby World Championship held in Akron, Ohio. Hancock Mayor Daniel Murphy and Megan's family, known as her "Pit Crew," attended the recognition. Megan discussed the race and the work and support needed to reach that level of achievement. CONTRACT AWARD — LONGMEADOW ROAD AND MARSH PIKE INTERSECTION IMPROVEMENTS Rob Slocum, Deputy Director, and Scott Hobbs, Chief, Engineering Design, Public Works, Engineering and Construction, recommended a bid award to the lowest responsive, responsible bidder Concrete General, Inc. of Gaithersburg, Maryland for $2,227,279.35 for the Longmeadow Road and Marsh Pike Intersection Improvements Project (RD -LM -180- 10.) Mr. Slocum discussed the bids received and the improvements to be performed under the contract. He indicated that $3,392,016.00 is contained in the project's budget, but it may incur a slight overrun due to the necessary relocation of utilities. Mr. Slocum Project August 9, 2011 Page 8 requested a budget transfer of $160,000.00 from the Halfway and Massey Boulevard (CIP Project #RDI009) to the Longmeadow Road/Marsh Pike Project (CIP Project #RDI036 due to the budget shortage of $155,598.00. Commissioner Callaham, seconded by McKinley, moved to award the Longmeadow Road and Marsh Pike Intersection Improvements Project contract to Concrete General, Inc. of Gaithersburg, Maryland, and to approve the budget transfer as presented. The motion passed unanimously. CONTRACT AWARD — DEMOLITION OF STRUCTURES AT LONG MEADOW ROAD Rob Slocum and Scott Hobbs recommended awarding the contract for demolition of three structures owned by the County on Longmeadow Road to the lowest responsive, responsible bidder, United Wreckers and Excavators for $47,335.00. He detailed the scope of the project that includes demolition of three vacant houses purchased by the County at 19327, 19329, and 19331 Longmeadow Road to accommodate intersection improvements at Longmeadow Road and Marsh Pike. Mr. Slocum stated that the project is fully budgeted. The Commissioners discussed the recommendation with Mi•. Slocum and Mr. Hobbs. Commissioner Cline, seconded by Callaham, moved to award the bid to United Wreckers and Excavators as presented. The motion passed unanimously. PLANMARYLAND DRAFT Steve Goodrich, Chief Planner, Planning and Zoning Department presented an overview of P1anMaryland, a State Development Plan for Maryland that is authorized by law and intended to serve as a guide for Maryland agencies and local governments in making land use and funding decisions. Mr. Goodrich indicated that it is a comprehensive plan for the state that could also affect local planning. He recommended that the Commissioners review the Plan, discuss its focus, and decide what comments should be forwarded to the State before its adoption. The Commissioners discussed aspects of the Plan and the differences between urban counties and mostly rural Washington County. Greg Murray noted that P1anMaryland would be discussed during a session of the Maryland Association of Counties' (MACo) convention next week and a presentation by Maryland Department of Planning officials on August 23. Boards/Commissions Annointments: Washineton Countv Gamine Commission Commissioner Barr, seconded by Cline, moved to reappoint John Menard to a second, two-year term on the Washington County Gaming Commission through September 30, 2013. The motion passed unanimously. August 9, 2011 Page 9 Washineton Countv Recreation and Parks Advisory Board Commissioner Callaham, seconded by Cline, moved to appoint Loretta Wright to a first, three-year team on the Recreation and Parks Advisory Board through April 30, 2014. The motion passed unanimously. Washineton Countv Aericultural Education Center, Inc. Commissioner Cline, seconded by Callaham, moved to appoint John S. Shank, Sr. to the Agricultural Education Center, Inc. Board to fulfill an unexpired term through April 30, 2012. The motion passed with Commissioners Cline, Callaham, and Baker voting "AYE" and Commissioners Barr and McKinley "ABSTAIN." CONVENE IN CLOSED SESSION Commissioner Cline, seconded by Bair, moved to convene in closed session at 2:43 p.m. to discuss the appointment, employment, assignment, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction, to discuss personnel matters that affect 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 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, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction, discussed other personnel matters that affect one or more specific individuals, 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, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Also present were Gregory Murray, County Administrator; Vicki Lamm, County Clerk; John M. Martirano, County Attorney; and Joe Kroboth, III, Public Works Director. ADJOURNMENT Commissioner Barr, seconded McKinley moved to adjourn at 3:06 p.m. The motion passed unanimously. Gregory B. Murray, Cgirmy Administrator John M. Martirano, ounty, Attorney Vicki C. Lumm, County Clerk