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
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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