HomeMy WebLinkAbout01.10.2012 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
January 10, 2012
President Terry L. Baker called the regular meeting of the Board of County
Commissioners of Washington County, Maryland to order at 9:10 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.
APPROVAL OF MINUTES — DECEMBER 13, 2011
Commissioner Barr, seconded by Callaham, moved to approve the minutes of
December 13, 2011. The motion passed unanimously.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Callaham stated that she attended a Commission on Aging Board meeting.
She served as a judge for the "We the People -The Citizen and the Constitution"
competition, won by the Boonsboro High School team. Ms. Callaham attended the
Maryland Association of Counties' (MACo) Winter Conference last week in Cambridge,
Maryland with several of her fellow Commissioners. She congratulated Commissioner
Barr for being elected Treasurer of the MACo Board of Directors. Commissioner Callaham
attended an event in Hancock to commemorate the 150Th Battle of Hancock.
Commissioner Cline displayed a plaque from the Interfaith Service Coalition recognizing
the Washington County Employees' Day of Caring Team as Volunteers of the Year. He
attended the Chamber of Commerce Eggs and Issues breakfast with the Washington
County Delegation and the Grand Opening of the Blue Goose store in Hancock. Mr. Cline
enjoyed participating in phone calls from the "North Pole" to children in the community
during the Christmas holiday. He attended holiday gatherings at the County Administration
Building, Plan Review and Permitting Department, Water Quality Department, and Board
of License Commissioners. Commissioner Cline attended the computer game development
open house at the Technical High School and a Christmas banquet for the Department of
Social Services' Adult Foster Care Program. He recognized the recent retirement of
County employee Jack Risinger from the Department of Water Quality. Commissioner
Cline announced that he would be Washington County's fundraising chairperson for the
March of Dimes' March for Babies fundraiser this year. He attended a land use meeting of
the Home Builders Association and a code review meeting at the Permits and Inspections
Department. Mr. Cline enjoyed a lecture by Art Callaham in Hancock on the 150th
Anniversary of the Civil War. He attended a Rural Heritage Museum meeting, Funkstown
Mayor and Council meeting and the swearing-in of officers of the Funkstown Volunteer
Fire Department. He congratulated Commissioner Barr on the MACO appointment.
January 10, 2012
Page 2
Commissioner Barr stated that he enjoyed participating in the "We the People"
competition. He reported on the MACo conference and stated that he looks forward to
serving as its Treasurer. Mi•. Barr attended the opening of Blue Goose store in Hancock.
He described the wonderful concerts and events held in the community over the Christmas
holidays.
Commissioner McKinley congratulated Greg Stewart of Sharpsburg for attaining the rank
of Eagle Scout. He commended St. Paul's Episcopal Church for sponsoring a Boy Scout
troop for over fifty years. He enjoyed a tour of the Washington County Museum of Fine
Arts. Mr. McKinley commented on the State government's relationship with counties and
wished for better cooperation in the year to come. He attended the Battle of Hancock
commemoration event, noting that the firing of cannons was impressive. Commissioner
McKinley reported meeting with several citizens and small businesses and attending the
opening of the Blue Goose store.
Commissioner Baker wished citizens a happy and prosperous new year. He attended a
meeting of the Citizens for the Protection of Washington County. He congratulated Dale
Hill on being elected the new president of the Washington County Volunteer Fire and
Rescue Association. Mr. Baker attended the Smithsburg Mayor and Council meeting and a
Williamsport Athletic Booster bonanza. He advised that the Town of Funkstown would be
sponsoring a Civil War re-enactment on July 21-22 with over 100 re -enactor groups
participating and staying in local hotels. Commissioner Baker noted that Hotel Rental Tax
Funds distributed to municipalities allow these types of events to be held. He reported on a
Recreation and Parks Board meeting where Program Open Space funding requests were
discussed. He attended memorial services for former County Commissioner Harry Snook.
Commissioner Baker announced that the Technical High School would be hosting the
Skills USA regional championships on February 11.
FIRST OUARTER BUDGET ADJUSTMENTS — BOARD OF EDUCATION
FY 2012 GENERAL FUND
Chris South, Chief Financial Officer for Washington County Public Schools, requested
adjustments to the First Quarter FY 2012 General Fund Budget by decreasing the
following categories: Administration - $90,100.00, Mid -Level Administration -
$128,740.00, Other Instructional Costs - $13,030.00, Special Education - $455,140.00, and
Capital Outlay - $634,704.00; and by increasing the following categories: Revenue -
$63,625.00, Instructional Textbooks and Supply - $288,475.00, Student Personnel Services
— $218,000.00, Student Health Services - $234,560.00, Maintenance of Plant -
$634,704.00, and Food Service - $9,600.00, for a net change in fund balance of $0. Mr.
South discussed several line items with the Commissioners.
Commissioner Barr, seconded by McKinley, moved to approve the requested FY 2012
First Quarter Budget adjustments for a net change in the fund balance of $0. The motion
passed unanimously.
January 10, 2012
Page 3
URBAN GROWTH AREA COMPREHENSIVE REZONING AND BOUNDARY
ADJUSTMENTS DISCUSSION
Stephen Goodrich, Director of the Planning and Zoning Department, presented an
overview of the process followed, public hearings held, comments received, and
subsequent adjustments determined by the County Commissioners concerning the Urban
Growth Area (UGA) Comprehensive Rezoning and UGA Boundary Adjustments. Mr.
Goodrich discussed the comments made during the December 13, 2011 public hearing and
reviewed those needing direction from the Commissioners. Commissioner Baker
questioned whether the ORI zoning designation required more water and sewer capacity
than ORT. The Commissioners discussed capacity as it pertains to development in the
UGA. Mr. Goodrich reiterated that Agricultural zoning district (A) was being permanently
removed from the UGA. The Commissioners reached a consensus on several properties.
(The discussion was suspended during the scheduled Citizens Participation portion of the
meeting.)
CITIZENS PARTICIPATION
Gerry Ditto, 14726 Ditto Road, Clear Spring, commented on County and State
governments and TDRs.
Barbara Hovermill, 16286 Spielman Road, Williamsport, commented on the UGA process.
URBAN GROWTH AREA COMPREHENSIVE REZONING (continued)
Commissioner Callaham questioned the right of property owners to request future changes
after passage of the UGA. Assistant County Attorney Kirk C. Downey explained the
process involved in piecemeal rezoning requests. The Commissioners continued their
discussion of affected properties and reached a consensus on those requiring a final
recommendation. It was their consensus to approve the proposed comprehensive rezoning,
including the proposed text amendments, boundary adjustments, and property
classifications, as discussed and decided upon. Staff was directed to move forward with
preparation of the legal documentation for formal adoption and enactment.
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Sheriff Douglas Mullendore discussed a proposal to place cameras on the outside of school
buses for the purpose of apprehending violators and reducing the incidents where motor
vehicle operators run flashing red lights and stop bars when buses are loading and
unloading students. He introduced Boyd Michael, Deputy Superintendent, and Barbara
Scotto, Director of Transportation for Washington County Public Schools, who attended in
support of the proposal. Sheriff Mullendore stated that Md. Code Ann., Transportation,
Article 21, Section 706, which became effective October 1, 2011, enables counties to pass
ordinances authorizing law enforcement to use cameras to capture violators and impose
civil penalties. He advised that a third party vendor would install the cameras on specific
January 10, 2012
Page 4
buses for a percentage of any fines collected. All excess revenue collected as a result must
be used for public safety according to the law. Sheriff Mullendore indicated that deputies
would issue warnings during the initial sixty-day period, and thereafter, impose the
appropriate fines.
It was the consensus of the Commissioners to instruct staff to draft an ordinance
authorizing cameras to be placed on school buses in Washington County, as presented,
with said draft to be further discussed at a future meeting. Any proposed ordinance would
ultimately be the subject of a public hearing prior to any formal action taken by the
Commissioners.
RECESS
The Commissioners recessed at 11:49 a.m. to attend a luncheon at the Washington County
Museum of Fine Arts, 401 Museum Drive, Hagerstown.
AFTERNOON SESSION
President Terry L. Baker called the afternoon session to order at 1:38 p.m. with the
following members present: Vice President John F. Barr and Commissioners Ruth Anne
Callaham, Jeffrey A. Cline, and William B. McKinley.
ACQUISITION OF REAL PROPERTY —19332 LONGMEADOW ROAD
Joe Kuhna, Real Property Administrator, requested approval to enter into an option
agreement for partial real property acquisition at 19332 Longmeadow Road to allow for
future widening and intersection improvements planned in that area. Mr. Kuhna stated that
$6,500.00 is available in the Capital hirprovement Project Budget for the acquisition.
Commissioner Callaham, seconded by McKinley, moved to approve an option agreement
for partial real property acquisition at 19332 Longmeadow Road for the purposes stated,
adopt an ordinance approving said purchase, and authorize the execution of the required
documentation as presented. The motion passed unanimously. (Ordinance No.
ORD -2012-01 is located in the County Commissioners' Office)
TRANSFER OF UNUSED RIGHT OF WAY AREA - FOUNTAINHEAD ROAD
Joe Kuhna requested approval from the Commissioners to open negotiations for the
disposal of an unused right-of-way located at Fountainhead Road. He stated that a property
owner along Fountainhead Road has requested the unused portion of the roadbed that
borders his property and the Fountainhead Golf Course. Mr. Kuhna noted that the road was
not built according to the old subdivision plan and therefore, is not required for public use.
The Commissioners discussed the process followed for disposing of unused rights-of-way
with Mr. Kuhna and County Attorney John Martirano.
It was the consensus of the Commissioners to allow the Real Property Administrator to
open negotiations for disposal of unused right of way portion located at Fountainhead
Road, as presented.
January 10, 2012
Page 5
FFY 2011 EMERGENCY MANAGEMENT PERFORMANCE PROGRAM GRANT
Kevin Lewis, Director, Division of Emergency Services, recommended approval of the
FFY 2011 Emergency Management Performance Program Grant of $96,912.00 from the
Maryland Emergency Management Agency (MEMA.) Mr. Lewis indicated that MEMA
distributes funding to all local jurisdictions on an annual basis to enhance and strengthen
emergency management capabilities at the state and local level. He advised that funds are
used to offset costs of personnel, operational and training expenses for local emergency
management and are matched 100% with local funds in the department budget and/or in-
kind assistance. Mr. Lewis answered questions from the Commissioners.
Commissioner Barr, seconded by Callaham, moved to accept the FFY 2011 Emergency
Management Performance Program grant as presented, and to authorize execution of the
necessary documentation. The motion passed unanimously.
BID AWARD — UNIFORM RENTAL SERVICE FOR VARIOUS COUNTY
DEPARTMENTS
Rick Curry, Buyer, Purchasing Department, presented a recommendation to award the
contract for uniform rental service for various County departments (PUR-1173) to Coyne
Textile Services of Colonial Heights, Virginia for $49,946.00. Mr. Curry discussed the
previous rejection of bids by the County Commissioners and provided details of the three
new bids received after re -advertising the contract. He indicated that the contract
tentatively begins on February 1, 2012, with an option by the County to renew for up to
two additional consecutive one-year periods. The Commissioners discussed the proposal
with Mr. Curry.
Commissioner Barr, seconded by McKinley, moved to award the contract for uniform
rental service for various County departments to the responsive, responsible bidder, Coyne
Textile Services of Colonial Heights, Virginia for $49,946.00, as presented. The motion
passed unanimously.
OTHER BUSINESS
County Attorney
Resolution to Endorse Department of Business and Economic Develoument Grant
County Attorney John Martirano presented a proposed Resolution regarding the Strategic
Economic Development Plan and the acceptance of a $50,000.00 grant from the
Department of Business and Economic Development (DBED.) Mr. Martirano stated that
the proposed resolution is a requirement of DBED and designates the Hagerstown -
Washington County Industrial Foundation, Inc. as the agency to apply for and accept the
grant and further provides that the County Commissioners endorse the grant.
Commissioner Barr, seconded by McKinley, moved to approve the Resolution as
presented. The motion passed unanimously. (Resolution RS -2012-01 is located in the
County Commissioners' Office)
January 10, 2012
Page 6
Rescission of Aereement - Robinwood Early Childhood Center Property
Mr. Martirano advised that an agreement is necessary to rescind a 1973 agreement between
Hagerstown Junior College, now Hagerstown Community College (HCC), and the Board
of Education (BOE) relating to the Robinwood Early Childhood Center located on the
HCC campus. He stated that when the real property in question was conveyed by the
County Commissioners to HCC in 1974, the deed was subject to the above -referenced
agreement between HCC and the BOE. The agreement provided for continued use of the
facility by the BOE. The BOE decided to relocate the Early Childhood Center this past
year and as a result, no longer needs to use the facility for educational purposes. HCC
legally holds title to the property but the title is subject to the earlier agreement. The
proposed agreement between HCC and the BOE rescinds the earlier agreement. The BOE
and HCC have requested that the County Commissioners consent to the proposed
Rescission Agreement.
Commissioner Barr, seconded by Callaham, moved to consent to the Rescission
Agreement between HCC and the BOE as presented, and to authorize the execution of any
necessary documentation. The motion passed unanimously.
County Administrator Comments
County Administrator Greg Murray announced that the Commissioners' meeting was not
being streamed today over the internet due to upgrades being performed and to be
completed by the next regular meeting on January 24.
CONTRIBUTION TO WASHINGTON COUNTY COMMUNITY LOBBYING
COALITION
Brien Poffenberger, President of the Hagerstown -Washington Chamber of Commerce,
discussed the Washington County Community Lobbying Coalition (Coalition) and its past
effectiveness of hiring a lobbyist for issues of importance to Washington County. He
indicated that in past years, the Coalition has given the County early warning of legislative
threats to the community. He described several issues to be lobbied by the Coalition and its
plan to host an evening reception for the General Assembly this year at the suggestion of
Senator Christopher Shank. Mr. Poffenberger requested a $10,000.00 contribution from the
County to help fund a lobbyist among partners in the Coalition. President Baker
commented that he was opposed to the requested contribution and objected to the planned
$15,000.00 reception with alcoholic beverages listed in the Coalition budget. Mr.
Poffenberger described the concept of the reception that would highlight Washington
County businesses and services. He defended the Coalition's plans by stating that they
were necessary to be effective in Annapolis. Commissioner Cline also objected to the
$15,000.00 reception. The Commissioners discussed the proposal.
Commissioner Barr, seconded by Callaham, moved to approve a $10,000.00 contribution
to the Washington County Lobbying Coalition for 2012. Ms. Callaham discussed the
importance of Washington County's interests being well represented in Annapolis. Mr.
Poffenberger advised that Delegation members endorsed a reception this year opposed to
January 10, 2012
Page 7
the dinner held in the past. Commissioner Cline stated that he was against having to do so
in order to get funding from a possible gas tax hike. The motion failed with
Commissioners Barr and Callaham voting "AYE" and Commissioners Cline, McKinley,
and Baker "NO."
YOUTH MERITORIOUS AWARDS PRESENTATION — JANUARY 2012
The Commissioners presented certificates of merit to the following students selected by the
Washington County Community Partnership for Children and Families (WCCP) to receive
January 2012 Youth Meritorious Awards: Alison Keelan of Western Heights Middle
School and Grace Ramacciotti of Clear Spring Middle School. Each student received a
$100 Office Max gift card from the WCCP. The Commissioners commended the students
for their leadership, academic, and extra -curricular activities.
CONVENE IN CLOSED SESSION
Commissioner Barr, seconded by McKinley, moved to convene in closed session at
3:09 p.m. to consider the acquisition of real property for a public purpose and matters
directly related thereto; to consider a matter that concerns the proposal for a business to
locate, expand, or remain in the State; 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 considered the acquisition of real property for a
public purpose and matters directly related thereto; considered a matter that concerns the
proposal for a business to locate, expand, or remain in the State; and consulted with
counsel to obtain legal advice. 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 Lumm, County Clerk; John M. Martirano,
County Attorney, Joe Kroboth, III, Public Works Director, and at various times Joe Kuhna,
Real Property Administrator.
ADJOURNMENT
Commissioner Barr, seconded by McKinley, moved to adjourn at 4:24 p.m. The motion
passed unanimously.
Gregory B. �}urray, County Administrator
C /t�
John M. Martirano, Cov y A �rney
Vicki C. Lumm, County Clerk