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HomeMy WebLinkAbout12.13.2011 Minutes13OARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland December 13, 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 8:30 a.m. with the Collowing 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 Wayne Ridenour, Edward Forrest, Paul Bailey, Justin Hartings, Karen Harshman, Donna Brightman, and Jacqueline Fischer. CONVENE IN CLOSER SESSION Commissioner Barr, seconded by Callaham, moved to convene in closed session at 8:30 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 or 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, Jeffi-ey A. Cline, and William B. McKinley. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; John M. Martirano, County Attorney; Joe Kroboth, III, Public Works Director; Joe Kuhna, Real Property Administrator; Joe Rathvon, GIS Analyst; Merle Saville, Transportation Engineer; Stephen Goodrich, Director of Planning and Zoning; and Alex Rohrbaugh, City of Hagerstown Planner. Elected Board of Education members present were Wayne Ridenour, Edward Forrest, Paul Bailey, Justin Hartings, Karen Harshman, Donna Brightman, and Jacqueline Fischer; Superintendent of Schools Dr. Clayton M. Wilcox, and Board of Education staff Boyd Michael, Chris South, Michael Markoe, Donna Hanlin, Rob Rollins, Anthony Trolta, Chad Criswell, and Richard Wright. RECONVENE IN OPEN SESSION Commissioner Barr, seconded by Cline, moved to reconvene in open session at 9:38 a.m. President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 10:07 a.m. at 100 West Washington Street, Room 227, Hagerstown, with the following members present: Commissioners John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barr provided the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. December 13, 2011 Page 2 APPROVAL OF MINUTES — DECEMBER 6, 2011 Commissioner Barr, seconded by McKinley, moved to approve the minutes of December 6, 2011. The motion passed unanimously. INTRODUCTION OF VISITORS FROM CHINA County Administrator Greg Murray introduced four student visitors from a Southern China Province, sponsored by Kaplan University, who will be touring the County and visiting various County departments during the next ten days. The County Commissioners welcomed the students and wished them well during their visit to Washington County. COMMISSIONERS REPORTS AND COMMENTS Commissioner Callaham reported that she attended board meetings of the PenMar Development Corporation and Housing Authority. She spoke to Leadership Washington County Class XXV on campaigning for elective office. Ms. Callaham discussed the Washington County Teachers Association (WCTA) legislative breakfast and the Plumb Grove Mansion House candlelight tour that she attended. Commissioner Cline thanked Delegation members for the productive joint meeting held last week to discuss legislative issues of interest to Washington County. Mr. Cline attended a Tri -County Council meeting in Garrett County and the grand opening of a rehabilitation wing at the Williamsport Retirement Center. He participated in the ribbon cutting ceremony for Saunders Tax Service on Crestwood Drive. Commissioner Cline presented a proclamation to Hub Labels to observe two years without accidents in the workplace. He attended legislative breakfasts held by the PenMar Regional Association of Realtors and the WCTA. Mr. Cline enjoyed the Olde Tyme Christmas event in Funkstown and the candlelight tour of the Plumb Grove Mansion. He attended the Eagle Scout ceremony for Nicholas Buonocore. Commissioner Cline traveled to Annapolis for a P1anMaryland rally and discussion held by Senator Edward J. Pipkin. He thanked community groups and organizations that help to spread the Christmas spirit, and wished all County employees a merry Christmas. Commissioner McKinley reported attending the PenMar Regional Association of Realtors' legislative breakfast with local legislators. He attended the event to commemorate two years of safety at Hub Labels. Mr. McKinley enjoyed the Clear Spring Christmas celebration and the Plumb Grove Mansion tour. He reported on an Economic Development Commission (EDC) Board meeting and stated that he met with citizens regarding various issues. Commissioner Barr stated that his term ended as President of the Tri -County Council last week. He praised Executive Director Leanne Mazer and staff for their work to help the three western Maryland counties. Mr. Barr enjoyed holiday events sponsored by Funkstown and Clear Spring and commended the County's towns and municipalities for December 13, 2011 Page 3 activities during the holidays that promote community spirit. He attended a meeting of the PenMar Development Corporation. Commissioner Barr thanked County staff for their work during the past year and wished all a merry Christmas. Commissioner Baker attended an EDC Board meeting and commented that new member Julie Rohm, General Manager of the Valley Mall, is a good source for retail information for the City and County. He attended a board meeting of the Community Action Council and noted that the organization is a finalist for Non Profit of the Year, to be announced in February 2012. Mi•. Baker invited the Commissioners to a Winter Open House at the Technical High School on December 21 featuring computer game development and animation. He thanked Funkstown's Mayor and Council for sponsoring a successful Olde Tyme Christmas event. Commissioner Cline attended the Eagle Scout ceremony for Nick Buonocore, who is a graduate of his carpentry class. He attended the WCTA legislative breakfast, AFL-CIO Christmas party, and Hagerstown Mayor Robert Bruchey's announcement that he would be seeking another term. He wished all a Merry Christmas. Commissioner Baker requested a discussion on hiring lobbyists for a coalition of five western Maryland counties regarding PlanMaryland. He advised that Garrett County would contribute toward a breakfast meeting and not the $5000.00 contributed by other member counties. Greg Murray asked for a consensus among the Commissioners regarding the suggestion to hire Bruce C. Bereano and William R. Miles as lobbyists for the "Maryland Rural Counties Coalition." Commissioner Baker stated that the lobbyists would keep coalition counties informed on a weekly basis, set up and attend meetings with appropriate government officials, and provide consultation strategy. He stated that Frederick County has taken the lead to coordinate the lobbyists and arrange meetings of the coalition. Conmrissioner Cline, seconded by Barr, moved to approve hiring Bruce C. Bereano and William R. Miles as lobbyists for the Maryland Rural Counties Coalition, including Washington County. The motion passed unanimously. REOUEST FOR SUPPORT — HOPEWELL MANOR IMPROVEMENTS Kathy Ebner, Development Director for Homes for America, and Jim Edwards, of the Severn Company, requested support from the Commissioners to rehabilitate the Hopewell Manor housing complex located off Old Hopewell Road in Hagerstown. Ms. Ebner detailed the request to collaborate with Severn to remodel and rehabilitate sixty-four, one and two-bedroom apartment units, and the proposal to construct new units on a vacant 8.5 acre parcel adjacent to the site. She described methods of support that could be considered by the County, such as a payment in lieu of taxes (PILOT), waiver of building permit fees, excise taxes, or the use of Community Development Block Grant (CDBG) program funds. Ms. Ebner stated that the rehabilitation would provide lower energy costs to residents, local employment, and increased state tax revenues to the County. She added that a community building would be added for use by residents, which would contribute to building a stronger community. The Commissioners discussed the proposal and questioned the need for additional apartments in the County, and considered school overcrowding issues that would occur in the Williamsport School District. December 13, 2011 Page 4 It was the consensus of the Commissioners to request additional information regarding project costs and the potential impact on the County before considering what, if any, would be the County's contribution. CITIZENS PARTICIPATION Tony Dahbura of 13056 Gordon Circle, Hagerstown, a partner in the ownership of the Hagerstown Suns, discussed the need to remodel Municipal Stadium and proposed using Hotel Rental Tax funds as a funding source. PRESENTATION OF NOMINEES — 2011 REDUCE, REUSE, RECYCLE AWARD Commissioner Cline thanked Kathy Vesely and Richard Shulman for their service on the Solid Waste Advisory Council and wished them well as they end their terms. Tony Drury, Recycling Coordinator, Department of Solid Waste, and Kathy Vesely, Chairperson, Washington County Solid Waste Advisory Committee (SWAC), presented nominees for the County's "Reduce, Reuse, Recycle Awards" for 2011. Mr. Drury provided a history of the program that recognizes outstanding local community efforts to reduce, reuse, and recycle. Ms. Vesely stated that applications were received from various groups in Washington County, and were evaluated based on qualifications for accomplishments during calendar year 2010. The categories and nominees are: School: Clear Smina Elementary School — designated as a Maryland Green School for its implementation of recycling programs School: Williamsport Elementary Magnet School for Mathematics, Science and Technoloav — perform recycling education and compost and recycling programs Non -Profit Business: Antietam Creek Watershed Alliance, Inc. — over 100 volunteers annually perform a rubbish roundup where trash and recycled materials are collected Non -Profit Business: The ARC of Washinaton County, Inc. — has recycled materials for years and uses disabled adults as its labor force Small Business: Recycled Crochet — members make usable items from recycled materials Commissioner McKinley, seconded by Barr, moved to approve the recommendations of the Solid Waste Advisory Committee for the 2011 "Reduce, Reuse, Recycle Awards." The motion passed unanimously. OTHER BUSINESS County Attorney Issues Application for Map Amendment - Holcim (US), Inc. (RZ-11-001) and Revision to Rosewood Villaae PUD Develooment Plan (RZ-11-004) Assistant County Attorney Kirk C. Downey requested a decision of the Board regarding two previously discussed rezoning applications: Holcim (US) Inc. (RZ-11-001), and Rosewood Village PUD (RZ-11-004). Mr. Downey stated that after a previous consensus of the Commissioners to approve both applications, the County Attorney's Office prepared an Ordinance adopting the Findings of Fact in RZ-11-001 and a written Decision in RZ-11-004, which were circulated among the Commissioners for comment. December 13, 2011 Page 5 Commissioner Barr, seconded by Callaham moved to approve both rezoning applications as discussed and to incorporate the Decisions herein. The motion passed unanimously. (Ordinance No. ORD -11-25 is located in the County Commissioners' Office and the Decision in RZ-11-004 is attached to these minutes.) County Administrator Comments County Administrator Greg Murray requested approval for funds to be taken from the Hotel Rental Tax Fund for the Hagerstown Regional Airport environmental assessment and property evaluation. He indicated that a November 29, 2011 motion specified that funding come from the County's General Fund, but due to its relationship to economic development, it should be taken from the Hotel Rental Tax Fund. Commissioner Cline, seconded by Barr, moved to approve the proposal to use Hotel Rental Tax Funds for the project as presented. The motion passed unanimously. RF.POI2TS FROM COUNTY STAFF. Public Works - Engineering and Construction Robert Slocum, Deputy Director, and Scott Hobbs, Chief of Capital Projects, Division of Public Works, provided a summary of work performed during the past year to improve the Halfivay and Massey Boulevards intersection. Mr. Slocum informed the Commissioners that the project began in February 2011 and was recently completed under budget. He indicated that no businesses were closed during the 292 -day project, and that over 26,000 vehicles traveled the site daily during construction. Mr. Slocum credited Public Works Director Joe Kroboth, III, Real Property Administrator Joe Kuhna, Project Manager Jessica Spring, and Project Inspector Steve Dorsey with the prcaject's success. He thanked General Contractor L.W. Wolfe Enterprises, Inc. for its expedited work on the project. The Commissioners commended staff for the successful endeavor. Health and Human Services Stephanie Stone, Director, Health and Human Services, requested permission to advertise to hire for two currently funded positions: 1) Grade 6, Utility Worker II, due to an internal promotion, and 2) Grade it, Systems Mechanic III, due to a retirement. Commissioner Cline, seconded by Barr, moved to approve the requests as presented. The motion passed unanimously. Public Works Public Works Director Joe Kroboth, 111, advised that the Mt. Tabor Road Bridge repair, a design/build project, has been completed after a three-month construction period. Request for Pronosal - Strategic Economic Plan for Washington Counts and Citic of Hagerstown, Towns, and Other Stakeholder Agencies Timothy R. Troxell, EDC Director, and Stuart Mullendore, Strategic Planning Task Force Chair, presented updated information on a proposal made during the December 6, 2011 Commissioners' meeting to hire a professional consultant at the estimated cost of December 13, 201 I Page 6 $125,000.00 to facilitate the development of a Strategic Economic Plan for Washington County, City of Hagerstown, Towns, and Other Stakeholder Agencies and Entities (SEDP.) Mr. Mullendore stated that since the initial presentation, funding sources for the project were sought and commitments obtained from the Department of Business and Economic Development (DBED) for $50,000.00 and a matching $50,000.00 from the Appalachian Regional Commission (ARC.) The Commissioners discussed the work to be performed by the consultant with Mr. Troxell and whether the City of Hagerstown had provided input to the concept. The Commissioners discussed the involvement of the Hagerstown -Washington County Industrial Foundation, Inc. (CHIEF) and its bidding process. Greg Murray indicated that the County would be authorizing CHIEF, the outside party who holds the funds and contract, to facilitate this strategic plan. The County would be the recipient of the final document when it is completed. Commissioner McKinley, seconded by Callaham, moved to proceed with the process and support funding by DBED and ARC to CHIEF, with CHIEF being the applicant. The County's EDC would be the recipient of the final document, and the County would consider providing additional funding if needed, pending approval of the proposal. The Commissioners discussed what the County is committing with the motion, with "pending approval" being the key words that provide flexibility. County Attorney John Martirano indicated that the bidding process is similar to other events approved in the past through the Hotel Rental Tax Fund guidelines. The County is not committing to any funding at this point, but to moving forward with the grant process. The motion passed with Commissioners McKinley, Callaham, Cline, and Barr voting "AYE" and Commissioner Baker "NO." (Commissioner Callaham left the meeting at 12:10 p.m. to attend an event at the City of Hagerstown.) STRATEGIC COMMUNITY IMPACT PLAN Brad Sell, Executive Director of the Community Foundation of Washington County, and Leah Gayman, Executive Director of the United Way of Washington County, presented information on the recently completed Strategic Community Impact Plan (SCIP), a long- range plan to improve the quality of life in Washington County created by volunteers over the past thirty months. Mr. Sell discussed both short and long-term goals of the study, which may be inexpensive or expensive to accomplish. Ms. Gayman indicated that the document is expected to be used by funding agencies, including Washington County government, during the decision-making and grant -funding processes. The Commissioners thanked the organizations and community volunteers who participated in the project. Commissioner Cline, seconded by Barr, moved to accept the SCIP document as a useful tool for grant decision making. The motion passed unanimously. RECESS The Commissioners recessed at 12:22 p.m. December 13, 2011 Page 7 (Commissioner Callaham was present at the afternoon session.) AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:51 p.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. CONVENE IN CLOSED SESSION Commissioner Barr, seconded by Cline, moved to convene in closed session at 1:51 p.m, to discuss the appointment, employment, assignment, promotion, discipline, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; to discuss any other personnel matter that affects one or more specific individuals; to consult with counsel to obtain legal advice; and discuss an investigative proceeding on actual or possible criminal conduct, 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, promotion, discipline, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed any other personnel matter that affects one or more specific individuals; consulted with counsel to obtain legal advice; discussed an investigative proceeding on actual or possible criminal conduct. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Ruth Anne Callaham, and William B. McKinley. Also present were Gregory Murray, County Administrator; Vicki Lumin, County Clerk; John M. Martirano, County Attorney, and at various times Andrew F. Wilkinson, Assistant County Attorney; Kirk C. Downey, Assistant County Attorney, Jim Sterling, Director, Parks, Recreation and Facilities; Stephanie Stone, Director, Health and Human Services; Julie Pippel, Director, Environmental Management; Stephanie Stone, Director, Health and Human Services; Brian Overcash, Safety Administrator; and Jim Hovis, Director, Community Grant Management. YOUTH MERITORIOUS AWARDS PRESENTATION — NOVEMBER AND DECEMBER 2011 The Commissioners presented certificates of merit to the following students selected by the Washington County Community Partnership for Children and Families (WCCP) to receive November 2011 Youth Meritorious Awards: Michael Bair of Boonsboro Middle School and Alexandiu "Alex" Curca of Western Heights Middle School. The November 2011 honors went to Malin Brokstorp of Northern Middle School and Emily Ragland of Springfield Middle School. Each student received a $100 U.S. Savings Bond from the WCCP. The Commissioners commended the students for their leadership, academic, and extra -curricular activities. December 13, 2011 Page 8 CONSTRUCTION BID AWARD — ERNSTVILLE ROAD. GILARDI ROAD. AND MAUGANSVILLE ROAD CULVERT REPLACEMENTS Rob Slocum, Deputy Director, and Scott Hobbs, Chief, Engineering Design, Public Works, Engineering and Construction, requested approval to transfer the Spur Road Culvert balance of $223,400.00 to the Maugansville Road Culvert project (BR -SR -191-14) account. Mr. Slocum also recommended to award Contract BR -SR -191-14 to the lowest responsive, responsible bidder, Kinsley Construction, Inc. for $622,711.45. He stated that due to further damage sustained at the Maugans Road Culvert in September 2011, its immediate repair is necessary. The Spur Road Culvert project would be deferred to 2016 in the Capital Improvement Project (CIP) budget. He provided information on the work to be performed. Commissioner Callaham, seconded by McKinley, moved to transfer the Spur Road Culvert project balance of $233,400.00 to the Maugansville Road Culvert project. The motion passed unanimously. Commissioner McKinley, seconded by Barr, moved to award the Maugansville Road Culvert project contract to the lowest responsive, responsible bidder, Kinsley Construction, Inc. for $622,711.45 as presented. The motion passed unanimously. PUBLIC HEARING — COMPREHENSIVE REZONING OF THE URBAN GROWTH AREA: URBAN GROWTH AREA REZONING TEXT AND MAP AMENDMENTS AND URBAN GROWTH AREA BOUNDARY ADJUSTMENTS FINAL RECOMMENDATIONS President Terry L. Baker convened a public hearing of the Board of County Commissioners at 3:13 p.m. to hear testimony regarding the proposed Final Recommendations for the Comprehensive Rezoning of the Urban Growth Area (UGA) including the Urban Growth Area Rezoning Text and Map Amendments and Urban Growth Area Boundary Adjustments. Assistant County Attorney Kirk C. Downey described the comprehensive rezoning process thus far and provided guidelines for the public hearing. County Clerk Vicki Lumm swore in those individuals planning to give testimony. On behalf of the Washington County Planning and Zoning Department, Stephen Goodrich, Director of the Planning and Zoning Department, presented an overview of the Final Recommendations for the Urban Growth Area Rezoning Map Amendments and Urban Growth Area Boundary Adjustments. The presentation included revisions made since the July 26, 2011 public hearing held by the County Commissioners, based upon comments made by the Commissioners during their November 15, 2011 meeting. Mr. Goodrich indicated that all comments received prior to this public hearing would be included in the record. December 13, 2011 Page 9 Twenty individuals offered testimony concerning proposed text changes and property classifications, and ten exhibits were submitted into the record (on file in the Planning and Zoning Office): 1) Gregory Snook, on behalf of the Hagerstown -Washington County Industrial Foundation, Inc. (CHIEF) - Mt. Aetna Farms property; 2) Michael Schaefer, Esq. (Exhibit # 1), on behalf of Meritus Health, Inc. — Robinwood Medical Campus property; 3) Tim Thompson (Exhibit #2) - 31 acres near his West Lawn Lane property; 4) Joseph Byers, (Exhibit #3) on behalf of William and Ruby Byers - farm located at 12118 Greencastle Pike; 5) Martin Chamberlain, 11019 Hopewell Road — commented that he did not know of these hearings until today; 6) Gerry Ditto (Exhibit # 4) - spoke on Transferrable Development Rights (TDRs); 7) Mildred Mariner (Exhibit # 10) — Callas Contractors' property on Longmeadow Road; 8) Tim Troxell, EDC Director, on behalf of EDC and CHIEF — Mt. Aetna Farms property; 9) William Fisher — 32 acre property at 17816 Rench Road; 10) Ragen Artz, on behalf of his mother Sally Artz, and himself - 17734 Rench Road; 11) Sassan Shaool (Exhibit #5) - Taylor's Run 1, 11, 111, LLC; 12) Jim Ringer - 11015 Hopewell Road ; 13) Nancy Rcgel in, Esq. (Exhibits #6 and #7) on behalf of Mountainside Teleport Corp,, Friendship Tech Park - Callas Contractors' property on east side of Downsville Pike; 14) Hopewell Cushwa Farms, LLC (Exhibit #8), read into the record by County Administrator Greg Murray —11107-11109 Hopewell Road; 15) Roger Schlossberg, Esq. - Callas Contractors' property on Longmeadow Road; 16) Kevin Beaver, President, Thomas Bennett hunter — I -lump Road property; 17) Shirley Palmer, (Exhibit #9 signed by Dennis Nave) - Callas Contractors' property on Longmeadow Road; 18) Ann Law — Callas Contractors' property on Longmeadow Road; 19) Dr. Gerald Falke - Callas Contractors' property on Longmeadow Road; and 20) Jason Divelbiss, Esq., on behalf of Callas Contractors - Callas Contractors' properties on Longmeadow Road and the east side of Downsville Pike; There being no further testimony offered, Mr. Downey closed the public hearing at 4:43 p.m. APPOINTMENTS(REAPPOINTMENTS TO BOARDS AND COMMISSIONS, Reaunointmcnt — Washington Countv Public Golf Cornoration Commissioner Barr, seconded by McKinley, moved to reappoint Gary Wright to a second, three-year term, extending through November 30, 2014; reappoint Steve Bittner for a December 13, 2011 Page 10 second, three-year term, through December 31, 2014; and appoint Richard Reichenbaugh to a first, three-year term through December 31, 2014, to the Washington County Public Golf Corporation Board. The motion passed unanimously. Appointment – Washineton Countv Commission on Ae_ ine Commissioner Barr, seconded by McKinley, moved to reappoint Dr. Peter Callas to a second, three-year term on the Washington County Commission on Aging Board of Directors from January 1, 2012 through January 1, 2015. The motion passed unanimously. Appointment - Tri-Countv Council Revolvine Loan Fund Committee Commissioner McKinley, seconded by Barr, moved to appoint Brian Selders to serve as a representative from the private/commercial lending sector on the Tri -County Council Revolving Loan Fund Committee for a term through December 2, 2014. The motion passed COUNTY EMPLOYEE BONUS HOLIDAY Commissioner Barr, seconded by Callaham, moved to grant an additional paid holiday to County employees to thank them for their dedication during the past three years without pay raises. The Commissioners discussed the proposal and designated December 22, 2011 as the paid holiday. The motion passed unanimously. ADJOURNMENT Commissioner McKinley, seconded by Barr, moved to adjourn at 5:07 p.m. The motion passed unanimously. A64-1 Gregory B. Murray, Colaty Administrator __ k r Kt John M. Martirano, Couey Vicki C. Lumm, County Clerk