HomeMy WebLinkAbout09.13.2011 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
September 13, 2011
President Terry L. Baker called the regular meeting of the Board of County
Commissioners of Washington County, Maryland to order at 9:02 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
Pastor Mark Sandell of St. Andrew Presbyterian Church gave the Invocation followed by
the Pledge of Allegiance to the Flag by the full assemblage. Commissioner McKinley
presented a certificate of appreciation to Pastor Sandell on behalf of the Commissioners for
providing the invocation during their meetings the past few months.
APPROVAL OF MINUTES — Aueust 30.2011
Commissioner McKinley, seconded by Callaham, moved to approve the August 30, 2011
minutes. The motion passed unanimously.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Baker reported that he attended an Economic Development Commission
(EDC) meeting, along with Commissioner McKinley, where Greg Snook was welcomed as
the new President of the Hagerstown -Washington County Industrial Foundation, Inc.
(CHIEF) and Ron Bowers as Chair of its Regulatory Committee. Mr. Baker attended the
Williamsport Town Council meeting where a hock ordinance and open burning in the
community were discussed. He was present at the City of Hagerstown's September 11,
2001 ten-year memorial ceremony at City Park and a meeting of the Recreation and Parks
Board at Devil's Backbone Park. Commissioner Baker reported meeting with
commissioner representatives from five western counties to discuss items of mutual
interest. He advised that the group was considering hiring a lobbyist that would require a
$5,000.00 contribution from each member county.
Commissioner McKinley welcomed Shelby Penn as the new EDC Board Chair and
discussed challenges facing economic development in the current economy. He reported on
meetings of the Water and Sewer Advisory Commission and Airport Advisory
Commission. Mr. McKinley described services he attended to observe the September 11
anniversary held at Lifehouse Church, St. Andrew Presbyterian Church, and Mt. View
Baptist Church. He was present at the dedication of a new flagpole, provided by Woodmen
of the World, at the Smithsburg Volunteer Fire Company.
Commissioner Barr congratulated the Town of Hancock on securing a new business -
Evolve Composites, Inc. He attended the reception for Class XXV of Leadership
Washington County and the ribbon cutting/unveiling of the replica of a Titanic cabin at
Discovery Station. Mr. Barr enjoyed the Valley Art Association's event at the Washington
County Museum Mansion House and a new exhibit at the Washington County Arts
September 13, 2011
Page 2
Council. He noted the memorial services held at Lifehouse Church and Mt. View Baptist
Church in observance of the September 11 anniversary.
Commissioner Callaham reported attending several September 11 anniversary events. She
complimented the Herald -Mail for a front-page article highlighting recycling services
being offered by the Association of Retarded Citizens.
Commissioner Cline attended a ceremony at the Newcomer House at the Antietam
Battlefield honoring the 149`x' Anniversary of the Battle of Antietam. He reported touring
the Lakin Avenue area in Boonsboro during a rainstorm to view water problems
experienced by residents. Mr. Cline attended a Funkstown Mayor and Council meeting
where residents discussed traffic concerns. He attended the welcoming reception in
Hancock for Evolve Composites, Inc. and an Open House at Senator Christopher Shank's
new office on Maryland Avenue in Hagerstown. Commissioner Cline was present at the
groundbreaking ceremony for a new facility at The Salvation Army location and the
Discovery Station exhibit opening. He enjoyed Maugansville Pride Days and praised its
citizens for their involvement in the community. Mr. Cline attended the Historic District
Commission meeting and the Plan Review and Permitting Division's Monday morning
meeting. He described several memorial events that he attended to honor the September 11
anniversary and thanked all military and emergency responders across the country for their
service. Commissioners Cline and McKinley visited Maryland Metals this week for their
ongoing visits to local businesses in the County. Mi•. Cline announced that a March of
Dimes "March for Babies" kickoff fundraiser would be held on September 24 and the
march would be held on Saturday, April 28, 2012.
PUBLIC HEARING — ADMINISTRATIVE AMENDMENTS TO THE BUILDING
EXCISE TAX ORDINANCE
President Baker convened a Public Hearing at 9:30 a.m, to obtain public comment
regarding proposed administrative amendments to the Building Excise Tax Ordinance for
Washington County, Maryland (Revision 8). Andrew F. Wilkinson, Assistant County
Attorney, discussed the recommended amendments that are necessary due to the recent
organizational restructuring within Washington County Government. The updated changes
would remove the term "Planning Director" and replace it with "Director of Plan Review
and Permitting." The Public Hearing was opened for public comment.
Gerry Ditto, 14736 Ditto Road, Clear Spring, commented on the 5% contribution amount
under the special excise tax fund, provided in Section 8.03 of the Ordinance. He felt that it
was too low.
The public hearing was closed at 9:38 a.m. The meeting was opened for discussion and
questions from the Commissioners.
Commissioner Barr, seconded by McKinley, moved to approve the Ordinance amending
the Building Excise Tax Ordinance as presented. The Commissioners discussed why
September 13, 2011
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percentages are not listed in certain areas of the Ordinance. The motion passed
unanimously. (Ordinance ORD -2011-19 is located in the County Commissioners' Office)
ANTIETAM CREEK WATERSHED ALLIANCE RUBBISH ROUNDUP
Ashley Haywood, President of the Antietam Creek Watershed Alliance (ACWA) discussed
the sixth annual Rubbish Roundup set for September 17 at 9 a.m. and presented
information on the organization, She encouraged the public's participation by signing up at
the group's website. The Commissioners thanked Ms. Haywood for her presentation.
BID AWARD FOR ELECTRIC SUPPLY SERVICES
Karen Luther, Purchasing Director, and Richard Anderson, Consultant for CQI Associates,
LLC, recommended to award the bid for Electric Supply Services to the responsive,
responsible bidder, Hess Corporation of Woodbridge, New Jersey based on Bid #2011-67
with the lowest "Fixed All -Inclusive" rate for accounts in bid Attachment B-1 and
Attachment B-2, starting on the November 2013 meter read date and effective for 12
Months (through November 2014) in the amount of $0.0687 per KWH, and with the
lowest "Fixed All -Inclusive" rate for accounts in Attachment A only starting on the
September 2011 meter read date and effective for 26 months (through November 2013) in
the amount of $0.0579 per KWH. Ms. Luther provided information on the cooperative
group and its participants. Mr. Anderson detailed the bids received and stated that the
contract is full service on demand, with no minimum or maximum guaranteed amounts.
The Commissioners discussed the issue.
Commissioner McKinley, seconded by Callaham, moved to award the bid for Electric
Supply Service to Hess Corporation of Woodbridge, New Jersey, based on Bid 92011-67,
as presented. The motion passed unanimously.
PROCLAMATION — FORGET-ME-NOT MONTH
The Commissioners recognized September 2011 as "Forget -Me -Not Month" to honor the
Disabled American Veterans Association and its services offered to veterans and their
families. A proclamation was previously forwarded to the organization.
JFK 50 MILE ULTRA -MARATHON
Tom Riford, President and CEO of the Hagerstown -Washington County Convention and
Visitors Bureau, and Mike Spinnler, Director of the JFK 50 -Mile Ultra -Marathon Event,
discussed the 49th annual race. Mr. Riford noted its positive economic impact to the
community. Mr. Spinnler described the race and its participants, which includes many
veterans. He requested funding assistance for police and emergency services for the
upcoming race on November 19, 2011.
Motion made by Commissioner Callaham, seconded by Barr, to provide up to $4,000.00 in
financial assistance for police and emergency services for the 49th Annual JFK 50 -Mile
Ultra -Marathon, with funds to be taken from the County's Hotel Rental Tax Fund. The
motion passed unanimously.
September 13, 2011
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President Baker presented a proclamation to Mi•. Spinier and Mr. Riford on behalf of the
Commissioners to commemorate the 49`x' annual event.
CITIZENS PARTICIPATION
Walter Williams, President of the Conococheague Little League, requested assistance for
expenses incurred during the 11-12 year old Little League All-Star Team's trip to compete
in the Mid -Atlantic Regional Tournament in Bristol, Connecticut. The Commissioners
discussed the request and their desire to formulate a method using criteria to be considered
for such requests.
Commissioner Barr, seconded by Cline, moved to provide $5,000.00 to the
Conococheague Little League, to be taken from the Commissioners' Contingency Fund.
The motion passed with Commissioners Barr, Cline, and Baker voting "AYE" and
Commissioners Callaham and McKinley, "NO."
OTHER BUSINESS
Countv Administrator Comments
County Administrator Greg Murray stated that stimulus money may be available from the
federal government and that discussion would occur between and Commissioners and staff
concerning possible use of the funds if plausible. He described the events held to honor the
September 11 ten-year anniversary and noted that the "Remembrance in the Park"
ceremony would be held this evening at City Park, to dedicate a World Trade Center relic.
Mr. Murray indicated that he attended the dedication of a memorial wall for Flight 93 in
Shanksville, Pennsylvania. He stated that he met recently with Superintendent of Schools
Dr. Clayton Wilcox regarding the Board of Education budgetary process and other issues.
Appointment of Health and Human Services Denartment Director
Greg Murray recommended Stephanie Stone as the new Director of the Health and Human
Services Department. Ms. Stone currently serves as Director of the Washington County
Community Partnership for Children and Families, holds several educational and
management degrees, and has experience in the human resources field.
Commissioner Callaham, seconded by Barr, moved to appoint Stephanie Stone as the new
Director of the Health and Human Services Department. The motion passed unanimously.
Appointment of Plannine and ZoninH Denartment Director
Mr. Murray recommended Stephen Goodrich as the new Director of the Planning and
Zoning Department. Mr. Goodrich has served as Chief Planner, Deputy Director, and
Interim Director of the Department. He holds several degrees and certificates in the field
and has thirty-two years experience with the County.
Commissioner Barr, seconded by McKinley, moved to appoint Stephen Goodrich as the
new Director of the Planning and Zoning Department. The motion passed unanimously.
September 13, 2011
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Reuorts from Countv Staff
Health and Human Services
Acting Health and Human Services Director Dee Hawbaker requested approval to
advertise to hire for the following budgeted positions: 1) Full -Time Senior Planner in the
Plan Review and Permitting Department; 2) Full -Time Accounts Receivable Specialist in
the Budget and Finance Department; 3) Full -Time Building Maintenance Supervisor in the
Parks and Facilities Department, and 4) Full -Time, Chief Planner in the Planning and
Zoning Department. Commissioner McKinley recommended delaying the decision until
obtaining further information on the need to fill the positions. It was the consensus of the
Commissioners to discuss the recommendations during their next meeting.
Public Works
Joseph Kroboth, III, Public Works Director, presented a recommendation to award the Mt.
Tabor Road Bridge Superstructure Replacement contract to the lowest responsive,
responsible bidder, Building Systems, Inc. of Hagerstown, Maryland for $87,600.00, and
to approve a budget transfer of $100,000.00 from the Capital Improvement Program (CIP)
Contingency Fund to an account established for the project. Mr. Kroboth described the
need for the replacement project due to the deteriorated condition of the bridge's
superstructure, that was found upon due diligence by several experienced County
engineers.
Commissioner Barr, seconded by Callaham, moved to award the contract and approve the
budget transfer as presented. The motion passed unanimously.
Mr. Kroboth indicated that his staff met with state officials last week for the Pre -
Transportation Tour meeting to discuss issues for the upcoming October 6 Annual
Transportation Tour meeting. He was advised that State Secretary Beverly Swaim Staley
would like more dialog with commissioners during this year's Tour.
Mr. Kroboth reported on a drainage maintenance problem that occurred in Maugansville
this morning, where several roads had to be closed due to a partial road collapse.
Division of Plan Review and Permittine
Jennifer Smith, Director of the Division of Plan Review and Permitting, informed the
Commissioners of improvements made within the Division to improve efficiency and
avoid duplication of efforts. She described innovations such as increased automation, cross
training of staff, a new fee payment system allowing credit card payment, and
standardization of formats for providing comments. Ms. Smith noted plans for increased
public information that include a newsletter and sponsoring a Customer Appreciation
Week where some reduced fees would be offered. She stressed the need for filling the
vacant Senior Planner position in the Division.
September 13, 2011
Page 6
ADEQUATE PUBLIC FACILITIES ORDINANCE AMENDMENT
Assistant County Attorney Andrew F. Wilkinson initiated the continuance of past
discussions by the Commissioners concerning the school mitigation process contained in
the Adequate Public Facilities Ordinance (APFO). He presented potential changes being
considered to standardize and/or streamline the process that developers must follow to
present mitigation plans for developments. The Commissioners discussed items that
included how to rate school capacity, when to process mitigation payments, and factoring
unbuilt development units. Commissioner Baker stated that the current ordinance has
worked fairly well and should be kept as written. Boyd Michael, Deputy Superintendent of
Washington County Public Schools, commented from the audience that an ordinance was
needed that can work in both good and bad economic times. The County Attorney's Office
will work with County staff to incorporate the Commissioners' requested changes into an
amended draft Ordinance to be presented at a future meeting for further consideration.
RECESS
The Commissioners recessed at 12:27 p.m.
AFTERNOON SESSION
President Terry L. Baker called the afternoon session to order at 2:00 p.m. with the
following members present: Vice President John F. Barr and Commissioners Ruth Anne
Callaham, Jeffrey A. Cline, and William B. McKinley.
ACOUISITION OF SEWER EASEMENT
Joe Kuhna, Real Property Administrator, and Mark Bradshaw, Deputy Director of
Engineering Services -Division of Environmental Management, presented a request to
acquire a sewer easement at 17023 Allison Avenue, Hagerstown. Mr. Kulma stated that the
$30,000.00 easement purchase is necessary to permit construction of a new force main
sewer line to assist in the reduction of flows through the current overburdened line. Mark
Bradshaw answered questions regarding the project that will help to handle new growth
within the Sharpsburg Pike corridor.
Commissioner Barr, seconded by McKinley, moved to permit the Real Property
Administrator to close negotiations for acquisition of the sewer line easement for a new
force main line installation as presented. The motion passed unanimously.
RENEWAL OF EMS MEDICAL DIRECTOR CONTRACT
Kevin Lewis, Director of the Division of the Fire and Emergency Set -vices, recommended
renewal of the annual contract for Jurisdictional Emergency Medical Services (EMS) with
current EMS Medical Director Vincent Cantone, M.D. Mr. Lewis stated that Title 30 of the
Code of Maryland Regulations (COMAR) requires each County/jurisdiction to appoint a
medical director to oversee pre -hospital care. He indicated that the contract would be
extended for the period of September 1, 2011 to June 30, 2012 if agreed. The
Commissioners discussed the recommendation.
September 13, 2011
Page 7
Commissioner Barr, seconded by Callaham, moved to renew the annual contract with
Vincent Cantone, M.D. for the period of September 1, 2011 to June 30, 2012. The motion
passed unanimously.
RESIDENTIAL STIMULUS PROGRAM UPDATE
Jennifer Smith, Director of the Division of Plan Review and Permitting, discussed the
current Residential Stimulus Program that was approved by the Commissioners on
February 22, 2011 and set to expire on October 31, 2011. She provided figures on permits
issued for new single-family, two-family dwellings, and residential addition construction
projects approved under the guidelines. The total credited excise tax from March 1, 2011
through August 31, 2011 was $494,553.00, representing 78% of the total excise tax due the
County for the projects. Ms. Smith recommended extending the program through June 30,
2012 and allowing up to twelve permits instead of the current six. The Commissioners
discussed the benefits derived fiom the program through the employment of workers,
business to construction suppliers, and property taxes paid. Commissioner Callaham
requested an update on the program in ninety days to include the calculation of property
tax figures.
Commissioner McKinley, seconded by Cline, moved to extend the 2011 Residential
Stimulus Program through June 30, 2012, and to increase the number of permits allowed
from six to twelve during the full term of the Program. The motion passed unanimously.
CONVENE IN CLOSED SESSION
Commissioner Cline, seconded by McKinley, moved to convene in closed session at
2:32 p.m. to discuss the appointment, employment, assignment, and/or performance
evaluation of appointees, employees, or officials over whom it has jurisdiction; to discuss
persomrel matters that affect one or more specific individuals; to consider matters that
concern the proposal for businesses or industrial organizations to locate, expand, or remain
in the State; to consider the acquisition of real property for a public purpose and matters
directly related thereto; 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.
In closed session, the Commissioners discussed the appointment, employment, assignment,
and/or performance evaluation of appointees, employees, or officials over whom it has
jurisdiction; discussed personnel matters that affect one or more specific individuals;
considered matters that concern the proposal for a businesses or industrial organizations to
locate, expand, or remain in the State; considered the acquisition of real property for a
public purpose and matters directly related thereto; 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 at various times Joe Kroboth, Public Works; Angela Smith, Deputy
September 13, 2011
Page 8
Director of the Division of Plan Review and Permitting; Jennifer Smith, Director of the
Division of Plan Review and Permitting, Leslie Hart, Agricultural Marketing Specialist;
Tim Troxell, EDC Director; Greg Larsen, Business Development Manager; and Phil
Ridenour, Airport Director.
Commissioner Callaham, seconded by McKinley, moved to reconvene in regular session at
4:22 p.m. The motion passed unanimously.
ADJOURNMENT
Commissioner Callaham, seconded McKinley moved to adjourn at 4:22 p.m. The motion
passed unanimously.
Grego`r(y� B.Mrray, Cour Administrator
John M. Martirano, C my ttorney
7� C . _._.
Vicki C. Lumm, County Clerk