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HomeMy WebLinkAbout04.17.2012 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland April 17, 2012 The Commissioners attended a breakfast meeting at 8:30 a.m. with the Washington County Volunteer Fire and Rescue Association at the 1110P restaurant, 17820 Garland Groh Boulevard, Hagerstown. President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 10:12 a.m. at 100 West Washington Street, Room 227, Hagerstown, with the following members present: Vice President John F. Barr and Commissioners Ruth Arne Callaham, Jeffrey A. Cline, and William B. McKinley. CONVENE IN CLOSED SESSION Commissioner Barr, seconded by McKinley, moved to convene In closed session at 10:12 aan. to discuss the appointment, employment, assigmnent, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; to discuss personnel matters that affect one or more specific individuals; and to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State, in accordance with Section 10-508 of die State Government Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed a proposal for a new business to locate in Washington County. Staff was instructed to continue discussions with the prospective business. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley; Gregory B. Murray, County Administrator; Vicki C. Lumm, County Clerk; John M. Martirano, County Attorney, and at various tunes Kirk C. Downey, Assistant County Attorney; Phil Ridenour, Airport Director; Tim Troxell, Economic Development Commission (EDC) Director; and Greg Larsen, EDC Business Development Manager, RECONVENE IN OPEN SESSION Commissioner Callaham, seconded by McKinley, moved to reconvene in open session at 10:35 a.m. The motion passed unanimously. 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 — APRIL 10. 2012. Commissioner Barr, seconded by McKinley, moved to approve the minutes of April 10, 2012. The motion passed unanimously. April 17, 2012 Page 2 CITIZENS PARTICIPATION Gerald Ditto, 14726 Ditto Road, Clear Spring, commented on the scheduled adoption today by the Commissioners of the Urban Growth Area Comprehensive Rezoning Amendments. OTHER BUSINESS: Countv Attornev Discussion/Adoption of Economic Development Commission Ordinance County Attorney John M. Martirano presented the proposed revised Economic Development Commission Ordinance (Ordinance) to the Commissioners for their consideration. He advised that the County Commissioners held a public hearing on April 13, 2012 and that all legal requirements to adopt the new Ordinance had been met. Commissioner Baker requested a consensus among the Commissioners to change the proposed Ordinance to allow no more than two EDC Executive Committee members to be non -County residents. The Commissioners discussed several proposals relating to the membership of non -County residents on the Executive Committee. It was their consensus to add three additional members to the Executive Committee, to be chosen by the EDC at its annual meeting. Commissioner McKinley, seconded by Cline, moved to adopt an ordinance entitled "Economic Development Commission Ordinance for Washington County, Maryland" as presented, with the addition of three additional members to the Executive Committee as determined by a majority vote of members at the annual meeting of the EDC. The motion passed with Commissioners McKinley, Cline, Callaham, and Baker voting "AYE" and Commissioner Barr "NO." (Ordinance No. ORD -2012-06 is located in the County Commissioners' Office.) Commissioner McKinley commented on the contributions made by non -County members who have businesses or work in the County and voluntarily serve on the EDC Board. ADnointments to Boards and Commissions Disabilities Advisory Committee Commissioner Barr, seconded by Callaham, moved to appoint David Dodson, Peggy Martin, and Toni Nelson to first, three-year terms on the Disabilities Advisory Committee through April 30, 2015; and reappoint William "Kelly" Vance to a second, three-year term through January 31, 2015. The motion passed unanimously. Washineton Countv Housing Authoritv Commissioner Barr, seconded by Callaham, moved to appoint Rev. Stan Steele to fill an unexpired term on the Washington County Housing Authority through August 31, 2013. The motion passed unanimously. April 17, 2012 Page 3 ADOPTION OF URBAN GROWTH AREA COMPREHENSIVE REZONING AMENDMENTS (RZ-10-005) Stephen Goodrich, Planning and Zoning Director, and Kirk Downey, Assistant County Attorney presented a proposal to adopt the Comprehensive Zoning Map for the Urban Growth Area (UGA) of Washington County, Maryland (RZ-10-005) as presented. Mr. Goodrich reviewed the rezoning process undertaken over the past several years to bring the proposed UGA before the Commissioners, which included recommendations from a Citizens Advisory Committee, the Planning Commission, Planning staff, and three public hearings. The Commissioners discussed zoning modifications requested by affected property owners during the process. Mr. Goodrich advised that at least 75% of those specific requests received from property owners were approved. Mr. Goodrich stated that that there would be future opportunities to address certain areas of the UGA if the Commissioners wished to do so. The Commissioners thanked the citizens who served on the Advisory Committee, those who provided comments during the process, the Planning Commission, and County staff for their input and work performed throughout the process. Commissioner Cline, seconded by Callaham, moved to approve the comprehensive rezoning of the Urban Growth Area of Washington County, Maryland (RZ-10-005) by adopting the following: 1. The resolution entitled, "Resolution to Adopt a Revised Comprehensive Plan Map for the Urban Growth Area of Washington County, Maryland," 2. The ordinance entitled, "An Ordinance to Amend Certain Provisions of the Zoning Ordinance for Washington County, Maryland and to Reenact Said Ordinance with Changes Relating to Its Text," and 3. The ordinance entitled, "An Ordinance to Adopt a Comprehensive Zoning Map for the Urban Growth Area of Washington County, Maryland" and its accompanying Findings of Fact. The motion passed with Commissioners Cline, Callaham, Barr and McKinley voting "AYE" and Baker "NO." (Resolution No. RS -2012-05, Ordinance No. ORD -2012-07, and Ordinance No. ORD -2012-08 are located in the County Commissioners' Office.) LEGISLATION DISCUSSION Senator Christopher Shank and Delegate Andrew Serafini, Delegation Chair, provided an overview of certain legislation passed during the recent Maryland Legislative Session and its effect on Washington County. Delegate Serafini stated that Governor Martin O'Malley would likely call a special session in May due to outstanding budget issues. He commented on the passage of several bills, including HB 216 — Distribution of Amounts to the Town of Williamsport; HB 1005 — Washington County Tip Jars Accountability and Oversight; and HB 125 - Frederick and Washington Counties — Property Tax Credit for Job Creation by Small Businesses. Delegate Serafini advised that after redistricting, Washington County district lines remain fairly intact, with Districts 2A and 2B merging into one sub -district with two Delegates, beginning with the 2014 election. He discussed the teacher pension shift and stated that as of now, those costs have not been transferred to the counties. However, it appears as though it will happen and the full shift of all normal pension costs April 17, 2012 Page 4 to the counties will be complete by FY 2016. Delegate Serafini noted that although Washington County is entitled to receive a disparity grant, one is not forthcoming this year. He further indicated that the State has reached its debt service limits. General Obligation Bonds are being exceeded by $150 million and revenue from State property taxes has dropped severely. Senator Shank discussed the possibility of property tax increases in the 6% range at the State level. He indicated that the only solutions to the State's strained budget would be general fund contributions, increased property taxes, or the curbing of capital spending. Senator Shank advised that a Maintenance of Effort (MOE) bill did pass, and counties must meet the MOE or apply for a waiver. If a county fails to meet the required MOE amount, the State will intercept the income tax due the County from the Comptroller to meet this obligation. The Senator discussed land issue bills such as the Septic Bill, PlanMaryland, and the Flush Tax. The Commissioners thanked Senator Shank, Delegate Serafini, and his Assistant, Rebecca Fishack, for the work done to compile the report. RECESS The Commissioners recessed at 11:59 a.m. to attend the 24th Annual Child Welfare Workshop and luncheon at Lifehouse Church Bethel, 515 East Wilson Blvd., Hagerstown. AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:35 p.m. with the following members present: Commissioners John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. BID AWARD Rick Curry, Buyer, Purchasing Department, and Sherry Alidoosti, Chief of Laboratory Testing, Department of Water Quality, recommended award of the bid for Laboratory Services for Water/Wastewater Testing for the Department of Water Quality (PUR-1179) to the responsive, responsible bidder Analytical Laboratory Services, Inc. d/b/a ALS Environmental of Middletown, Pennsylvania, who submitted the lowest (annual) total bid sum of $40,590.00. Mr. Curry advised that the scope of services to be provided by the contractor include preserving and transporting samples (which could be water/wastewater and/or solids) fi•om the Department of Water Quality's Laboratory twice per week. The contract is for a period of one year with an option by the County to renew for up to two additional consecutive one-year periods, tentatively to commence May 1, 2012. Mr. Curry stated that this is a requirements contract, utilized on an as -needed basis with no guarantee of minimum or maximum number of units of services. Funds for these services are included in the Department's operating budget. Commissioner Barr, seconded by McKinley, moved to award the winning bid for Laboratory Services for Water/Wastewater Testing for the Department of Water Quality to the responsive, responsible bidder Analytical Laboratory Services, Inc. d/b/a ALS April 17, 2012 Page 5 Environmental of Middletown, Pennsylvania, who submitted the lowest (annual) total bid sum of $40,590.00. The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner McKinley attended the Red Cross "Heroes Breakfast" and the visit by Maryland Comptroller Peter Franchot to Municipal Stadium. He was present at an Economic Development Commission (EDC) meeting and a clay bird shoot at the Austin Flook farm to benefit the local Boy Scout organization. Mr. McKinley advised that the Washington County Water and Sewer Advisory Commission has suspended its meetings since the Board has not been presented any issues in the past few years. County Administrator Greg Murray stated that the County's Solid Waste Advisory Committee remains active and that matters would be consolidated into that Board. He thanked members for their volunteer service to the County. Commissioner Barr attended the Agricultural Education Center breakfast for 4-H youth. He also attended the Wilson Ruritan breakfast and the Red Cross "Heroes Breakfast." Mr. Barr congratulated Food Resources Director Lynn Jackson and staff for receiving the William Donald Schaefer "Helping People Award" from State Comptroller Peter Franchot during his visit to Hagerstown. He attended a volunteer recognition brunch at Mt. Aetna Academy and participated in the State of Maryland Fire Chiefs Association meeting where local fire and rescue volunteer Rick Blair was named its new president. Commissioner Barr congratulated Mr. Blair, who was in the audience. He praised the monthly concert series sponsored by the Washington County Museum of Fine Arts. Commissioner Callaham attended many of the same events as her fellow Commissioners, including the "Heroes Breakfast," Comptroller's visit, 4-H pancake breakfast, Boy Scout fundraiser, and Mr. Blair's installation. She discussed a meeting held with Delegate Neil Parrott concerning measures being taken to improve the Route 340 and Harper's Ferry Road intersection. Ms. Callaham advised that during the Black Rock Golf Course Board meeting, members voted to increase cart rental fees by $1, which would attain an expected $20,000.00 in revenue. Commissioner Cline was present at events visited by State Comptroller Peter Franchot. He reported on meetings of the Disabilities Advisory Committee and Rural Heritage Museum Board. Mr. Cline participated in an emergency preparedness drill in the County Administration Building to prepare for a possible earthquake. He attended open discussions of the 2012 Cyber Security Regional Conference at Hagerstown Community College hosted by Congressman Roscoe Bartlett and a Boys and Girls Club Steak and Burger dinner. Commissioner Cline congratulated Desmond Ingram for being named Boys and Girls Club 2012 Youth of the Year. He attended Delegate Parrott's meeting, the 4-H pancake breakfast, and the opening pitch for the Washington County Girls Softball League at Kemps Mill. Commissioner Cline briefly attended the Mason Dixon Council Boy Scout fundraiser in Keedysville and stopped by the Valley Mall for the WHAG-TV 25 Parent Child Telethon. He was present at the awards ceremony for the Rehab Air Unit. He April 17, 2012 Page 6 congratulated Rick Blair for being elected President of the Fire Chiefs Association. Commissioner Cline reminded all of the March for Babies walk on April 28 and Uno's fundraiser to support the event on April 19, 20 and 21. Commissioner Baker thanked the Washington County Volunteer Fire and Rescue Association (WCVFRA) for the breakfast meeting this morning. He also thanked organizers of the annual Child Welfare workshop and luncheon today. Mr. Baker advised that he presented a proclamation for Child Abuse Awareness Month at the Valley Mall. He reported on discussions during a recent EDC meeting on a revolving loan fund. He attended Delegate Parrott's meeting and the Agricultural Education Center pancake breakfast. Commissioner Baker was present at the Boy Scout event and the opening ceremonies of the Kemp's Mill Girls Softball League. He attended the Rehab Air Unit dinner and Rick Blair's swearing in ceremony. Mr. Baker attended a Recreation and Parks Board meeting where members discussed the Land Preservation Parks and Recreation Plan, Project Open Space funding, and the possible addition of horse riding trails, dog parks, and disc golf in the County. GENERAL FUND BUDGET Debra Murray, Finance Director, and Kim Edlund, Assistant Finance Director, requested decisions by the County Commissioners on certain adjustments to the proposed FY 2013 General Fund Budget. Several items were discussed and decided: Budgeted and Part -Time 9-1-1 Positions - It was the consensus of the Commissioners to approve the requested budgeted 9-1-1 Emergency Call Taker position and an increase in available wages for 9-1-1 part-time salaried employees, with the part-time positions to begin on January 1, 2013. Purchase of Emereencv Mobile Command Unit - The Commissioners discussed the funding sources and operating expenses of a mobile command unit with Sheriff Doug Mullendore and Emergency Services Director Kevin Lewis, who indicated that the vehicle would be used as a Countywide vehicle. It was the consensus of the Commissioners to approve the purchase with no more than $2,000.00 in operating expenses provided by General Fund money. Senior Tax Credit - The Commissioners considered whether to modify the County's Supplemental Homeowners' Property Tax credit so that seniors age 65 and older with a minimum income level of $15,000.00 per year or less do not pay any County property tax. Mr. Murray advised that the proposal would cost the County approximately $26,000.00 in revenue. It was the consensus of the Commissioners to approve the change from the current $12,000.00 income level to $15,000.00. Landfill Recvcline Fee or $200.000.00 General Fund Subsidv - The Commissioners discussed whether to institute a $3 per month fee to those who use recycling services at the landfill or to provide $200,000.00 from the County's General Fund to balance the landfill budget. Greg Murray indicated that if the Commissioners desired to fund the Washington April 17,2012 Page 7 County Volunteer Fire and Rescue Association's request for physicals, using either the General Fund savings from implementing the sticker fee, or using money from the $300,000.00 currently allocated for additional EMS funding would both be options. The Commissioners discussed the issue. It was their consensus to approve instituting a $3 per month recycling fee for use of recycling bins to support the service, but no specific dollar amount was discussed for funding of the physicals. Buildine Excise Tax Ordinance - The Commnissioners discussed whether to reduce commercial excise tax for retail fi•om $3 to $1 or residential excise tax from $3 to $1. The discussion included a concept similar to the Residential Stimulus Program and temporary changes to the Ordinance for a flexible method that would be adjusted with the economy. It was their consensus to discuss the issue further during next week's meeting. Debra Murray discussed the pension shift issue, stating that she was working with Board of Education staff regarding funding methods. She indicated that the County's budget must be approved by June 1, but that the May 8 public hearing date may have to be moved to May 15 or 22. CONVENE IN CLOSED SESSION Commissioner McKinley, seconded by Barr, moved to convene in closed session at 2:45 p.m, to discuss the appointment, employment, assignment, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; and to discuss personnel matters that affect one or more specific individuals, 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 potential appointment of several individuals to County Boards and Commissions. Staff was directed to place these potential appointments on a future open session agenda. Those present during closed session were Commissioners John F. Barr, Terry L. Baker, Ruth Anne Callaham, Jeffiey A. Cline, and William B. McKinley; Gregory B. Murray, County Administrator; Vicki C. Lumm, County Clerk; and John M. Martirano, County Attorney. RECESS The Commissioners recessed at 2:52 p.m. to attend a joint meeting with the Hagerstown Mayor and Council at Hagerstown City Hall, 1 East Franklin Street, Hagerstown. RECONVENE - HAGERSTOWN CITY HALL The Commissioners reconvened at 3:13 p.m. at City Hall for a joint meeting with the Hagerstown Mayor and Council, with the following members present: President Terry L. Baker, Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffiey A. Cline, and William B. McKinley. Hagerstown Mayor Robert E. Bruchey, II was present as were Council Members William M. Breichner, Martin E. Brubaker, Forest Easton, Ashley C. Haywood, and Lewis C. Metzner. April 17, 2012 Page 8 PRESENTATION OF RIPKEN DESIGN STUDY ON MULTI -USE FACILITY IN DOWNTOWN HAGERSTOWN Jill Estavillo, City of Hagerstown Economic Development Manager, presented an overview of the proposal to locate a multi -use facility in downtown Hagerstown. She introduced representatives from Ripken Design, who presented key findings of the newly completed feasibility study for the facility: Dan Taylor, Project Manager; Patrick Forno, Project Coordinator; and Jeff Eiseman, Vice President of Ripken Baseball and Ripken Design. Ms. Estavillo also introduced Bruce Quinn, Partner, Hagerstown Baseball, LLC; and Eric Krupa, President of South Atlantic League Professional Baseball. Dan Taylor presented the Ripken Design report, which indicated that a multi -use facility in downtown Hagerstown would offer the prospect for downtown revitalization, business retention, and Minor League baseball. Ripken Design's financial models showed that revenues generated from the project over the first ten years of operation could fund the local debt service payment for the cost of the project. Delegate Andrew Serafini and Senator Christopher Shank were in attendance and commented on the information presented and discussed funding that may be provided by the Maryland Stadium Authority. Both bodies discussed the project with Ripken Design representatives and presented questions regarding the findings of the feasibility study. It was the consensus of the bodies to separately discuss whether the project was feasible, how it would be funded, and to schedule another joint meeting in two weeks. FRUIIIUN0113ID10II Commissioner Cline, seconded by McKinley, moved to adjourn at 4:56 p.m. The motion passed unanimously. Gregory B.qu rray, Con ty Administrator r John M. Martis Vicki C. Lumm, County Clerk