Loading...
HomeMy WebLinkAbout11.29.2011 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland November 29, 2011 The Commissioners attended a breakfast meeting with the Washington County Soil Conservation District Board members and staff at Next Dimensions, 132 National Pike, Hagerstown. President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 10:04 a.m. at 100 West Washington Street, Room 227, 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 Bair gave the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — NOVEMBER 15.2011 Commissioner Cline, seconded by McKinley, moved to approve the minutes of November 15, 2011. The motion passed unanimously. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Callaham stated that she traveled to Texas for the Thanksgiving holiday. She discussed the 2011 Maryland Legislators "Go Back to School with the Arts" event at the Washington County Arts Council that included a tour of the Barbara Ingrain School for the Arts. Ms. Callaham attended the Washington County Free Library -Boonsboro Branch fundraiser and the Maryland Municipal League dinner meeting in Clear Spring. Commissioner Cline reported on meetings of the Agricultural Education Center Board and Maryland Municipal League. He attended a presentation on Broadband capabilities, a Chamber of Commerce meeting, and a meeting of the Washington County Volunteer Fire and Rescue Association (WCVFRA) to elect new officers. Mr. Cline also attended the Arts Council event and a Fellowship of Christian Athletes fundraiser. He attended a presentation by Sheriff Doug Mullendore regarding a potential Day Reporting Program in Washington County. Cornmissioner Cline watched the first participants cross the finish line at the JFK Ultra -Marathon and thanked all volunteers and emergency personnel who assisted during the event. He attended the dedication of a new vehicle for use by the Washington County Rehab 255 and The Salvation Army kettle kickoff at the Valley Mall. He enjoyed the Holly Fest event sponsored by the City of Hagerstown where Santa Claus made an appearance. Commissioner Cline presented a proclamation to Congressman Roscoe Bartlett during a surprise event where he was named lifetime honorary chair for the Antietam National Battlefield Memorial Illumination. Mr. Cline toured Parker Plastics along with various County officials and Economic Development Commission (EDC) staff November 29, 2011 Page 2 and Board members. He was present at the eleventh annual Turkey Trot held at Hagerstown Community College on Thanksgiving morning. Commissioner Cline visited approximately fifteen locally owned and operated businesses during the countrywide "Shop Small Local Business Saturday" promotion. Commissioner McKinley praised the community for its volunteerism in serving those in need during the Thanksgiving holiday. He attended the third annual Washington County Homeless Coalition pancake breakfast. He was present at the Chamber of Commerce and the Economic Development Commission's Ninth Annual Economic Summit. Mr. McKinley also attended the Broadband meeting and the Day Reporting Center presentation by Sheriff Mullendore. Commissioner McKinley attended the Salvation Army kettle campaign kickoff and the ceremony for Senator Bartlett. He reported meeting with various Washington County citizens. Cormnissioner Barr described several Veterans' Day events that he attended and expressed his gratitude to all veterans. He attended the Agriculture Education Center breakfast and the annual meeting of the Friends of the Rural Heritage Museum. He stated that alternate heating equipment might be needed in the community building. Commissioner Barr also attended the Maryland Municipal League dinner. He discussed his role as the County's representative on the Maryland Association of Counties (MACo) Legislative Committee. Commissioner Baker reported that he also attended the Ninth Annual Economic Summit and the WCVFRA meeting. Mr. Baker discussed the JFK Legends Dinner and thanked Mike Spinnler and the Hagerstown -Washington County Convention and Visitors Bureau for organizing the JFK Ultra -Marathon. Commissioner Baker attended the JFK race and thanked all participants. He attended a legislative breakfast of the Republican Central Committee. Commissioner Baker thanked the Soil Conservation District Board members and staff for this morning's breakfast meeting. He also attended the Maryland Municipal League dinner. CITIZENS PARTICIPATION James Devine, P. O. Box 2217, Hagerstown, commented on the "Black Friday" sales and fire regulations in stores. He discussed the promotion of solar energy in Washington County and the dental program at the Washington County Detention Center. Gent' Ditto, 14736 Ditto Road, Clear Spring, commented on the number of spaces available for the public at the County Administration Office parking lot. OTHER BUSINESS County Administrator County Administrator Greg Murray advised that the Commissioners would hold two meetings in December due to the Christmas holidays. He stated that a public hearing would be held during one of those meetings on the final version of the Urban Growth Area rezoning. November 29, 2011 Page 3 REPORTS FROM COUNTY STAFF Public Works Joe Kroboth, III, Public Works Director, stated that the construction bid for the Senior Center would be advertised on November 30, 2011 and due by January 18, 2012. APPALACHIAN REGIONAL COMMISSION FUNDING FOR WASHINGTON COUNTY BROADBAND IMPACT STUDY Robert Mandley, Project Coordinator, Economic Development Commission (EDC), reported that the State of Maryland has been awarded a Federal American Recovery and Reinvestment Act (ARRA) Broadband stimulus grant, and therefore, Washington County will have a fiber optic backbone deployed by 2013. Mr. Mandley stated that this backbone would connect institutions including Hagerstown Community College, the Maryland Department of Corrections, seven public schools, and the Washington County Backup 9-1-1- Center. He indicated that an Appalachian Regional Commission (ARC) grant would assist in funding a study to determine the best technical, cost-effective design, along with an operations and maintenance approach to reach the maximum number of businesses and residents. Washington County will solicit bids from qualified network, telecommunications, and engineering companies to perform the feasibility study to extend Broadband countywide. The cost for completing this project is estimated to be between $50,000.00 and $100,000.00 depending on the final scope of work. Washington County is eligible for a 50/50 match in ARC funding. The Commissioners discussed the proposal with Mr. Mandley and Ron Whitt, Director of Information Technologies. Commissioner McKinley seconded by Callaham, moved to proceed with making application to the Appalachian Regional Commission for grant funding to support a Broadband Impact Study for Washington County and to accept a grant if awarded. The motion passed unanimously. IZi :-11Zyl�lll`►Cl�Alr. u ► ' : 1 : :: ► . ► e7�7:/:�►[e3�y President Baker convened a Public Hearing at 11:01 a.m. to obtain public comment regarding the Maryland Agricultural Land Preservation Foundation (MALPF) purchased easement program and changes to the Easement Priority rankings. Eric Seifarth, Rural Preservation Administrator, and Cody Shaw, Land Preservation Planner, Department of Planning, advised that the Board of County Commissioners approves the priority ranking order from a list recommended by the Agricultural Land Preservation Advisory Board (Ag Board) and then forwards the top ten properties on the ranking list to MALPF. Mr. Seifarth introduced Steve Ernst, Chair of the Ag Board. Mr. Seifarth indicated that easements are bought in order from the priority list until funds are exhausted. Revisions approved by the Ag Board include: Item # 3 (previous applicant) has moved from 5 points to 1 point, Item # 6 (Priority Preservation Area) has moved from 1 point to 2 points, and Item # 8(c) (Best Management Practices) has moved from 2 points to 5 points. In addition, the Competitive bidding process will be up to five add-on points. Cody Shaw discussed the competitive bidding process with the Commissioners. November 29, 2011 Page 4 The Public Hearing was opened for public comment. Gerry Ditto, 14736 Ditto Road, Clear Spring, discussed the point system for priority preservation areas and the easement restrictions within those areas. He asked the Commissioners to look into the ranking system regarding priority preservation areas. Steve Ernst, 13614 Broadfording Road, Clear Spring, discussed best management practices concerning the Easement Priority ranking changes. He stated that the Ag Board has approved the changes. The Public Hearing was closed at 11:20 a.m. The Commissioners discussed the proposal. It was the consensus of the Commissioners to return the revised priority ranking system to the Agricultural Advisory Board for further discussion of the issue of potentially moving points fiom a Competitive Bidding column to the Priority Preservation Area column prior to the Commissioners taking any action on the request. INDUSTRIAL EOUIPMENT LEASE/PURCHASE AND TRADE-IN FOR VARIOUS COUNTY DEPARTMENTS Rick Curry, Buyer, Purchasing Department, Jack Reynard, Fleet Manager, Highway Department, and Jim Sterling, Director of the Parks, Recreation and Facilities Department, requested award of the bid for Industrial Equipment (Lease/Purchase and Trade -In) for Various County Departments (PUR-1164) to the responsive, responsible sole bidder with the lowest bid, contingent upon approval of the final Lease Agreement by the County Attorney's Office. Mr. Curry detailed the bids received, which were all from Jesco, Inc. of South Plain, New Jersey, and noted corrections to the bid tab slreet. The Commissioners discussed the request. Mi•. Curry stated that the County initiated the current Lease/Purchase program for the equipment in 1996 and that the County's cut -rent replacement guidelines for loaders, backhoes, etc. recommends a five year cycle. Commissioner Barr, seconded by McKinley, moved to award the bid to the responsive, responsible sole bidder, Jesco, Inc. for Industrial Equipment (Lease/Purchase and Trade - In) for Various County Departments (PUR-1164) as presented. The motion passed unanimously. WHISTLEBLOWER POLICY Andrew F. Wilkinson, Assistant County Attorney, introduced a new policy for County government entitled "Whistleblower Policy" (Policy.) He stated that the Policy addresses employees who bring to the attention of County government violations of the law or other serious misconduct by officers, employees, or contractors. The Policy provides protection to employees so they are not discharged, suspended, transferred, demoted, or suffer any other adverse personnel action due to making a true report of wrongdoing. The Commissioners discussed the Policy. Mr. Wilkinson detailed the confidentiality process with the Commissioners. November 29, 2011 Page 5 Commissioner McKinley, seconded by Callaham, moved to approve the Whistleblower Policy as presented. The motion passed unanimously. RECESS The Commissioners recessed at 11:43 a.m. for a lunch meeting with the Washington County Commission on Aging at 140 West Franklin Street, Hagerstown. AFTERNOON SESSION President Terry L. Baker called the meeting to order at 1:30 p.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline and William B. McKinley. (Commissioner Barr excused himself from the meeting at this time.) PUBLIC HEARING — HOMEWOOD AT WILLIAMSPORT PROJECT BONDS President Baker convened a Public Hearing at 1:30 p.m. to obtain public comment regarding the proposal to issue economic development revenue bonds for renovation projects at the Homewood at Williamsport campus. Lindsey Rader, Bond Counsel, Funk and Bolton, P.A., stated that the proposed resolution provides for the issuance from time to time by the County Commissioners of Washington County of one or more series of its economic revenue bonds in an aggregate principal amount not to exceed $9,900,000.00. The proceeds from the sale of the bonds will be loaned to Homewood at Williamsport, MD, Inc., Homewood Retirement Centers of the United Church of Christ, Inc., and Homewood Foundation, Inc., which will be used to finance, reimburse or refinance costs of renovating the previous nursing facility located on Homewood at Williamsport campus. Ms. Rader stated that there would be no exposure for the County in that it will not be liable for the payments and the issuance will have no impact on the its borrowing limits or financial position. Conrad Peachey, Vice President of Operations for Homewood Retirements Centers of the United Church of Christ, provided a brief overview of the Center and the proposed project. The Public Hearing was opened for public comment. There was no one present who offered comment. The Public Hearing was closed at 1:36 p.m. The Commissioners discussed the proposal. Commissioner Callaham, seconded by Cline, moved to introduce and consider the adoption of the bond resolution as presented and provided in the information packet. The motion passed unanimously. (Resolution RS -2011-19 is located in the County Commissioners' Office.) (Commissioner Barr returned to the meeting.) November 29, 2011 Page 6 ADMINISTRATIVE AMENDMENTS TO TIP JAR REGULATIONS County Attorney John M. Martirano presented administrative amendments to the Tip Jar Regulations. Mr. Martirano detailed that the amendments are necessary due to the consolidation of the Washington County Gaming Office and the office of Children and Youth into one department. The name of the new department is the "Office of Community Grant Management." The name change is the only revision to the regulations. Commissioner Barr, seconded by McKinley, moved to adopt the amendments to the Tip Jar Regulations as presented. The motion passed unanimously. AMENDMENT TO BYLAWS - RECREATION AND PARKS ADVISORY BOARD Andrew F. Wilkinson, Assistant County Attorney, and Jim Sterling, Director of the Parks, Recreation, and Facilities Department, requested approval of amendments to the bylaws of the Recreation and Parks Advisory Board. Mr. Wilkinson advised that the amendments concern the timing of the election of officers and were requested by members of the Advisory Board. Commissioner Barr, seconded by McKinley, moved to accept the amendments to the bylaws of the Recreation and Parks Advisory Board as presented. The motion passed unanimously. CONVENE INCLOSED SESSION Commissioner McKinley, seconded by Callaham, moved to convene in closed session at 1:51 p.m. to discuss a personnel matter that affects one or more specific individuals; and 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 a persomiel matter that affects 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; Katie Yoder, Executive Assistant; John Martiratio, County Attorney; and Andrew F. Wilkinson, Assistant County Attorney. RECONVENE IN OPEN SESSION Commissioner Cline, seconded by Barr, moved to reconvene in open session at 2:24 p.m. The motion passed unanimously. RECTIFICATION OF CRITICAL HAGERSTOWN REGIONAL AIRPORT ISSUES Phil Ridenour, Detector of the Hagerstown Regional Airport (Airport), and Jef Bohn, EDC Resource Committee Chair, presented a request to rectify critical Airport issues to be ready and responsive to Airport development, as outlined in the Resource Development Committee's Purpose, Priorities and Justification document. Mr. Bohn introduced November 29, 2011 Page 7 members of the Committee in attendance. He stated that the request involves mandatory environmental assessments of all remaining build sites located in the Airport's northwest quadrant that must be completed prior to the Federal Aviation Administration's approval of any airport development. Mr. Bohn indicated that a land valuation analysis by a qualified airport appraiser of all remaining build sites, as well as all existing buildings and facilities located on the Airport, would be required. This analysis would establish a fair market rental rate for land and building leases. Mr. Bohn discussed the two projects with the Commissioners and stated that the anticipated total cost is approximately $105,000.00 ($70,000.00 environmental assessment and $35,000.00 land evaluation) and is requested from the General Fund. The Commissioners discussed the proposal and thanked the EDC Resource Development Committee for its work. Commissioner McKinley, seconded by Barr, moved to support the request as outlined in the Resource Committee's Purpose, Priorities and Justification Document. The motion passed unanimously. Commissioner Barr, seconded by McKinley, moved to transfer $105,000.00 from the General Fund account to a Reserve account specifically for the completion of the two projects at the Hagerstown Regional Airport as outlined in the Purpose, Priorities and Justification Document. The motion passed unanimously. BOARDICOMMISSION APPOINTMENT Economic Development Commission Commissioner Callaham, seconded by Barr, moved to appoint Julie Rohm, General Manager of the Valley Mall, as a non-voting ex -officio member of the Hagerstown Washington County Economic Development Commission for a three-year term, pursuant to Section 2A of the "Ordinance to Amend an Ordinance Establishing an Economic Development Commission" adopted on August 10, 1999. The motion passed unanimously. APPLICATION FOR MAP AMENDMENT (RZ-11-004) MANSOOR EMRAL SHAOOL, APPLICANT Kirk C. Downey, Assistant County Attorney, and Tim Lung, Deputy Director of the Division of Plan Review and Permitting, initiated a discussion of the Application for Map Amendment RZ-11-004 by Applicant Mansoor Emral Shaool to ascertain whether there was a consensus among the Commissioners to approve the revisions to the development plan. The Applicant is requesting approval to revise the Rosewood Village PUD Development Plan to replace some residential use with additional commercial use for property located on the north side of Varsity Lane. Tim Lung noted that the Planning Commission reviewed the application and forwarded its recommendation for approval to the Commissioners. The Commissioners discussed the proposal. It was the consensus of the Commissioners to approve the Application for Map Amendment RZ-11-004. The County Attorney's Office will prepare a Decision for formal adoption of the Commissioners. November 29, 2011 Page 8 LEGISLATIVE ISSUES — 2012 GENERAL ASSEMBLY Kirk C. Downey presented a list of legislative issues of County interest that may need to be addressed during the 2012 General Assembly. Mr. Downey stated that potential items listed require delegation support to correct and/or address certain items for benefit to the County. The Commissioners reviewed and discussed the items with Mr. Downey. It was their consensus to discuss the following items, with the Washington County Delegation to the General Assembly. Reauested Leeislation 1. Gaming. Clarification of the standards for the distribution of gaming proceeds to fire and rescue companies is needed through legislation. 2. Power generation. An existing statutory provision requires that certain proceeds from payments in lieu of property taxes for power generation facilities be distributed to the Town of Williamsport, presumably to protect the Town's tax revenues in the event that the Potomac Edison power facility were ever moved beyond the Town limits. The requested modification would clarify that no payments are due the Town when generation facilities subject to payments in lieu of property taxes are not, and never have been, located in the Town. Requests for Sunnort of Other Initiatives 3. Businesses that Create New Jobs Tax Credit. To incentivize the creation of jobs by small businesses, the number of newly created jobs required to qualify for this tax credit should be reduced. 4. "One Maryland" Tax Credit. Businesses that invest in an economic development project in a "qualified distressed county" may qualify for project tax credits of up to $5 million and start-up tax credits of up to $500,000. Washington County is not included as one of the seven "qualified distressed county," even though its unemployment rate is similar to those counties that are eligible to offer the credits. 5. Foreclosure disclosure. Properties undergoing foreclosure or in the possession of lenders often have property maintenance issues, and County inspectors are unable to find the persons responsible for the condition of the properties. We request that the Maryland Association of Counties (MACo) either seek legislation or a change in court foreclosure rules that would require a foreclosing lender to designate a person responsible for the physical condition of the property during the foreclosure and while the lender has possession of the foreclosed property. 6. Fleeing and eluding. The Court of Appeals has ruled that plain clothed police officers in unmarked police vehicles could not charge drivers with fleeing and eluding. Law enforcement agencies are requesting legislation to change the law to address this ruling. 7. Old, un -served criminal warrants. A large number of old warrants are held by Sheriffs Offices in many jurisdictions. Old warrants go un -served for many reasons (the subject has never come in contact with law enforcement again, the subject may live on the other side of the country and the State's Attorneys are unwilling to extradite, the subject may be dead and law enforcement is unaware of that fact, etc.) The Washington County Sheriff's Office November 29, 2011 Page 9 currently has approximately 700-800 warrants in the old warrant category. Old warrants have to be validated through the National Crime Information Center on a yearly basis, which takes 15 to 30 minutes per warrant. These warrants are very unlikely to be served. Legislative authority to remove them from the computer system would stop the need for a yearly validation, which in turn would save valuable administrative clerk time. Awareness/Watch Items 8. Shifting of liability from the State to local subdivisions (Teachers' Pensions, transportation costs, etc.). 9. P1anMaryland and its implications ADJOURNMENT Commissioner Callaham, seconded by Cline, moved to adjourn at 3:25 p.m. The motion passed unanimously. Gregory t. Murray{, County Administrator . , h I;;._II F John M. Martirano, ount Attorney Vicki C. Lumm, County Clerk