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HomeMy WebLinkAbout10.04.2011 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland October 4, 2011 JOINT MEETING WITH THE WASHINGTON COUNTY BOARD OF EDUCATION The Board of County Commissioners met with the Board of Education at its offices located at 820 Commonwealth Avenue, Hagerstown. President Terry L. Baker called the meeting to order at 8:38 a.m, with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Board of Education members present were Paul Bailey, Justin Hartings, Karen Harshman, Donna Brightman, and Jacqueline Fischer. Fourth Ouarter (Final) Budeet Adiustments — FY 2011 General Fund Chris South, Chief Financial Officer for Washington County Public Schools, requested adjustments to the Fourth Quarter FY 2011 General Fund Budget by decreasing the following categories: Administration - $31,792.00; Instructional Salaries - $357,452.00 Student Personnel Services — $12,352.00; Student Health Services - $20,994.00; Student Transportation Services - $78,150.00; Operation of Plant - $183,122.00; Capital Outlay - $1,202.00, Food Service - $12,438.00, and Fixed Charges - $67,124.00; and by increasing the following categories: Revenue - $182,571.00; Mid -Level Administration - $62,245.00; Instructional Textbooks and Supply - $6,995.00; Other Instructional Costs - $38,919.00; Special Education - $248,329.00; Maintenance of Plant - $123,133.00, for a net fund balance change of $467,576.00. Mr. South discussed several line items with the Commissioners. Commissioner Barr, seconded by Callaham, moved to approve the requested FY 2011 Fourth Quarter (Final) Budget Adjustments for a net change in the Fund Balance of $467,576.00. The motion passed unanimously. (Board of Education member Wayne Ridenour arrived at 8:47 a.m.) CONVENE IN CLOSED SESSION Commissioner Callaham, seconded by Barr, moved to convene in closed session at 8:47 a.m. to consider the acquisition of real property for a public purpose and matters directly related thereto, 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 considered the acquisition of real property for a public purpose and matters directly related thereto. 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; Joe Kroboth, III, Public Works Director; and Joe Kuhna, Real Property Administrator. Elected Board of Education members present were Paul Bailey, Wayne Ridenour, Justin Hartings, Karen Harshman, Donna Brightman, and Jacqueline Fischer; Superintendent of Schools Clayton M. Wilcox, and Board of Education Staff October 4, 2011 Page 2 Chris South, Boyd Michael, Michael Markoe, Donna Hanlin, Rob Rollins, Anthony Trotta, David Brandenburg, and Richard Wright. RECONVENE IN OPEN SESSION Commissioner Callaham, seconded by Barr, moved to reconvene in open session at 9:46 a.m. President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 1:35 p.m. at 100 West Washington Street, Room 227, Hagerstown, with the following members present: Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. (Commissioner Jolm F. Barr was chairing a meeting of the Tri -County Council for Western Maryland and was absent during the afternoon session.) INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Baker provided the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — September 27.2011 Commissioner Cline, seconded by McKinley, moved to approve the minutes of September 27, 2011. The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner McKinley reported that after discussing the revised P1anMaryland document, the Planning Commission Board felt that it was important to take a formal vote, unanimously approved, to "recommend that the Board of County Commissioners work with the Maryland Delegates to communicate its concern regarding PlanMaryland and to represent the best interest and protect the future planning of Washington County." Commissioner McKinley attended a Chamber of Commerce banquet to install its new officers. He enjoyed the HangarFest fundraiser at the Hagerstown Regional Airport to benefit Discovery Station, and the Harvest Hoedown at Williamsport Community Park to benefit the Williamsport Food Bank. Mr. McKinley attended a meeting of the Agricultural Land Preservation Advisory Board where a speaker from the Maryland Agriculture Land Preservation Program (MALPP) discussed converting MALPP districts to County districts. Commissioner Cline attended a Department of Business and Economic Development luncheon in Baltimore sponsored by the County's EDC. He presented a proclamation from the Commissioners to Keller Williams Realty during its grand opening at the Valley Mall. Mr. Cline reported on the five-year anniversary celebration he attended at the Smithsburg Library. He enjoyed the Hancock Volunteer Company Bonanza, Williamsport's Harvest Hoedown, and Everybody's Day at PenMar Park. Commissioner Cline thanked Washington County Department of Social Services Director Dave Engle for today's tour by the Commissioners of the newly relocated Family Center on McRand Court. He October 4, 2011 Page 3 congratulated VT Industries for locating in Washington County and bringing seventy jobs to the community. Commissioner Callaham reported presenting a proclamation, on behalf of the Commissioners, to the National Business and Professional Women's Club. She participated in the Freedom's Run sponsored by West Virginia University and the designer bra contest to raise awareness during Breast Cancer Awareness Month held in October. PROCLAMATION - ALSATIA CLUB. INC. MONTH Karen Luther, representing the Alsatia Club, Inc., introduced members in attendance to recognize the club's 1001" anniversary. Ms. Luther introduced life members Jim Mills, Marvin House, and Downs Hewitt, and added that her late father was also a life member. Mr. Mills discussed the history of the club, including its long running Mummer's Parade. President Baker presented a proclamation to the members to commemorate "Alsatia Club Month." CITIZENS PARTICIPATION There was no one present who wished to participate. PUBLIC HEARING — TEXT AMENDMENTS TO THE WASHINGTON COUNTY ZONING ORDINANCE (RZ-11-003) President Baker convened a public hearing at 2:03 p.m. to obtain public comment regarding the proposed text amendments to the Washington County Zoning Ordinance (RZ-11-003) to allow stand-alone Solar Energy Generating Systems in the County. Jill Baker, Senior Planner, Planning and Zoning Department, reviewed the amendments and discussed several proposals now being developed by companies. She advised that the systems are not being recommended in the Urban Growth Area due to the large amount of land they require that could be put to better use. The public hearing was opened for public comment. There was no one present who wished to comment. The public hearing was closed at 2:20 p.m. The meeting was opened for discussion and questions from the Commissioners. Several issues were discussed with Ms. Baker and Kirk C. Downey, Assistant County Attorney. Commissioner Cline, seconded by McKinley, moved to adopt the text amendments as presented with the changes recommended by the Planning Commission in its Report and Recommendation dated September 6, 2011. The motion passed unanimously. (Ordinance ORD -2011-21 is located in the County Commissioners' Office) WASHINGTON COUNTY TRANSIT DRUG AND ALCOHOL PROGRAM Becky Maginnis, Risk Management Administrator, presented amendments being recommended to the County's Policy No. PR -513 entitled "Transit Department -Alcohol Misuse and Prohibited Drug Use Policy" due to recent changes in federal law regarding drug and alcohol program procedures. Ms. Maginnis provided details of the proposed amendments October 4, 2011 Page 4 that would strengthen drug testing procedures for Transit Department drivers. The Commissioners discussed the amendments. Commissioner McKinley, seconded by Callaham, moved to adopt Policy No. PR-513—Transit Department, Alcohol Misuse and Prohibited Drug Use Policy, as amended. The motion passed unanimously. MEMORANDUM OF UNDERSTANDING WITH MARYLAND STATE HIGHWAY ADMINISTRATION FOR MARBLE OUARRY ROAD BRIDGE REPLACEMENT Joe Kroboth, III, Public Works Director, requested permission to enter into a Memorandum of Understanding (MOU) between the County, the Maryland State Highway Administration (SHA), and the Maryland State Historic Preservation Officer for the Marble Quarry Road Bridge (Bridge) Replacement Project. Mr. Kroboth indicated that the Bridge is scheduled for replacement in the County Capital Improvement Project budget and that federal funds would pass through the SHA to Washington County. He stated that the bridge is eligible to be listed on the National Register of Historic Sites. The MOU requires the County to cooperate and coordinate with all parties on the Project, including providing the Maryland State Historic Preservation Officer with photographic documentation of the bridge's elevation, architectural and engineering details, and its context, to provide an accurate record of the bridge and its setting. Mr. Kroboth indicated that the project is 80 % federally funded with a 20% local match. The Commissioners discussed the MOU. Commissioner Cline, seconded by McKinley, moved to approve the MOU between the Board of Board of County Commissioners and the Maryland State Highway Administration for the Marble Quarry Road Bridge Replacement Project, and to authorize President Baker to execute the MOU on behalf of the Board. The motion passed unanimously. TAX SALE — REDEMPTION INTEREST RATE Washington County Treasurer Todd Hershey presented a recommendation to amend the tax sale redemption rate from 6% to 12%, in an effort to secure minimum bids on properties being offered for tax sale. Mr. Hershey indicated that the County was unable to secure minimum opening bids on 38 parcels offered for tax sale on June 7, 2011. He provided details on the procedure where owners may redeem properties placed for sale due to non-payment of taxes before a final order is signed by a Circuit Court judge. Mr. Hershey indicated that the average redemption rate throughout Maryland is 12.26%. The Commissioners discussed the proposal with Mr. Hershey. Commissioner Callaham, seconded by McKinley, moved to amend the tax sale redemption rate fiom 6% to 12%. Commissioner Baker expressed his discomfort with supporting the request due to financial hardships being experienced by families in the community. He October 4, 2011 Page 5 requested figures from other counties on properties not being sold at tax sale. The Commissioners discussed the issue further with Mr. Hershey. Commissioner McKinley moved to delay the motion on the floor in an effort to bring the matter before the Commissioners in two weeks. Commissioner McKinley's motion died for lack of a second. Commissioner Callaham's original motion failed with Commissioner Callaham voting "AYE" and Commissioners Cline, McKinley, and Baker "NO." OTHER BUSINESS Countv Administrator Comments County Administrator Greg Murray stated that several Highway Department employees would again prepare a vehicle, on their own time, for the Commissioners to use during the October 29 Mummer's Parade. Mr. Murray advised that the Community Organization Funding issue would be discussed at a future meeting and requested that the Commissioners review several options being proposed and provide comments before that discussion. He indicated that an appeal regarding the Urban Growth Area Rezoning proposals was received by Planning and Zoning Director Stephen Goodrich and that the issue would be brought before the Commissioners in the next few weeks. Calline Of Airport Proiect Bonds Commissioner Callaham stated that Delegate John Donoghue contacted her to advise that he would make an effort to have the $800,000.00 funding restored for the Senior Center Project, perhaps during a special legislative session. She requested information on the procedure to call Airport Project bonds to cover the $800,000.00 and keep the project on track, and what would happen if the funding was restored. Mr. Murray advised that the interest on the Airport Project bonds is due January 1, 2012. If funds were restored during a special session, the bonds would still be called. If funds were restored during the regular legislative session, the funds would return to the Capital Improvement Project (CIP) budget that would be discussed by the Commissioners during the CIP budget process. Residential Customer ADpreciation Week Sarah Lankford Sprecher, Public Relations and Community Affairs Director, and Jennifer Smith, Director of the Division of Plan Review and Permitting, announced details of the first Washington County Residential Customer Appreciation Week to be held October 10-14,2011. Ms. Sprecher and Ms. Smith described planned events to include a Department open house with refreshments, drawings for $50 permit or plan review fee vouchers, and live chat sessions on Facebook. "VALLEY OF THE SHADOW" EXHIBITION AND EDUCATIONAL PROGRAM FUNDING Rebecca Massie Lane, Director of the Washington County Museum of Fine Arts (Museum), Tom Newcomer, Treasurer, and Clarissa Stanton Beeler, of the Exhibition Planning Committee, provided details of the "Valley of the Shadow" exhibition planned at October 4, 2011 Page 6 the Museum on June 16, 2012 through July 13, 2013. Ms. Lane stated that the exhibit would commemorate the sesquicentennial of the American Civil War, particularly the Battle of Antietam and Washington County's role in the conflict. She indicated that the State of Maryland has provided $47,000.00 in support if the Museum provides a dollar for dollar match. She advised that $17,000.00 has been secured thus far in donations, leaving a balance of $20,000.00. The Commissioners discussed several methods of funding the request and tying it to a previous interest-free County -backed $20,000.00 loan to the Museum. It was the consensus of the Commissioners to postpone the decision while the Museum Board checks on approved methods of funding the match. Commissioner Callaham stated that she would abstain from voting due to her husband's position on the Museum's Board of Directors. COMMERCIAL STIMULUS PROGRAM - PAD -READY SITES Andrew Wilkinson, Assistant County Attorney, presented a draft Resolution adopting a new County stimulus program concerning pad -ready sites. He stated that the Commissioners previously approved a proposal from the Economic Development Commission (EDC) that would incentivize commercial developers to bring undeveloped land to pad ready status. Mr. Wilkinson provided an overview of the details of the program outlined in the Resolution including the definition of "pad ready" and tax credits, among other items. The Commissioners discussed whether the EDC Board had discussed the final details of the proposal. Tim Troxell, EDC Director, provided details on meetings held to date by the EDC Board to discuss or approve the Pad -Ready Site proposal. Commissioner Baker favored waiting an additional week for the EDC Board to review the final draft resolution and return the item to the Commissioners at a future date. Commissioner Callaham stated that she was prepared to move forward. Ron Bowers, Chair of the EDC Board Regulatory Committee, questioned whether EDC Board members had fully reviewed the proposals for the program. He requested further review by the EDC Board. It was the consensus of the Commissioners to bring the proposal back in two weeks to allow the EDC Board to review the details during its October 13 meeting. DISCUSSION - ROUTE 340 CONGESTION Delegate Neil Parrott requested a letter of support from the Commissioners to be presented to the Maryland Department of Transportation (MDOT) during its Annual Transportation Tour meeting scheduled for October 6, 2011 in Washington County. He stated that the traffic congestion experienced at U.S. 340 needs immediate relief and requires a joint effort between Maryland, Virginia, and West Virginia. He presented a PowerPoint presentation outlining traffic studies performed by his private firm, Traffic Solutions, Inc. Delegate Parrott suggested two alternatives to alleviate the problem, at the approximate cost of $750,000.00, to be split among the three affected states. The Commissioners discussed the proposal with Delegate Parrott and Joe Kroboth, III, Public Works Director. Mr. Kroboth provided information on efforts being worked on by the three states. It was the consensus of the Commissioners to support drafting a letter to support the proposal, to be presented to MDOT during the October 6 Annual Transportation Tour meeting. October 4, 2011 Page 7 CONVENE IN CLOSED SESSION Commissioner McKinley, seconded by Callaham, moved to convene in closed session at 4:17 p.m. to consult with staff, consultants, or other individuals about potential litigation, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. (Commissioner Jeffrey A. Cline left the meeting at 4:17 p.m.) In closed session, the Commissioners consulted with staff, consultants, or other individuals about potential litigation. Present during closed session were Commissioners Terry L. Baker, Ruth Anne Callaham, and William B. McKinley. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; Kirk C. Downey, Assistant County Attorney; Joe Kroboth, III, Public Works Director, and Gary Pozzouli, Project Manager, Capital Projects -Engineering. ".11 _0111 DQ1 Y Commissioner McKinley, seconded by Callaham, moved to adjourn at 4:34 p.m. The motion passed unanimously. _ZJNI - Gregor'y B. My ay, CoYY Administrator John M. MartiranoKounAttomey Vicki C. Lumm, County Clerk