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HomeMy WebLinkAbout08.28.2012 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland August 28, 2012 President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 10:09 a.m. 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 Barr offered the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. 2012-2013 WORKERS' COMPENSATION EXCESS INSURANCE RENEWAL Becky Maginnis, Risk Management Administrator, and Ed Seward of CBIZ Insurance Services, Inc. recommended placement of the County's excess workers' compensation insurance coverage with Safety National Casualty Corporation at a rate of $0.174 per $100.00 of payroll, for a total premium of $69,295.00 for policy year September 1, 2012 to September 2, 2013, at a self-insured retention level of $600,000.00, subject to an end of year policy audit and pending approval of the increased retention by the Maryland Workers' Compensation Commission. Mr. Seward advised that CBIZ performed a full market survey given that workers' compensation rates have increased throughout the market. Ms. Maginnis indicated that the $600,000.00 quote was very competitive. The Commissioners discussed the proposal. Commissioner Barr, seconded by McKinley, moved to place the County's excess workers' compensation insurance coverage with Safety National Casualty Corporation for the rates and terms as presented. The motion passed unanimously. (Commissioner Barr recused himself from discussion of the next item due to business reasons and left the meeting at 10:20 a.m.) PROPOSED CHANGE ORDER - WASHINGTON COUNTY FREE LIBRARY RENOVATION AND EXPANSION Joe Kroboth, III, Public Works Director, and Gary Pozzouli, Project Manager, Capital Projects -Engineering, requested approval of a Change Order for the Washington County Free Library Renovation and Expansion Project in an amount not to exceed $460,000.00 to mediate unsuitable soil conditions under the parking and vehicle travel areas. Mr. Kroboth stated that the conditions were anticipated during the design phase and that unit prices for the work were obtained as part of the bid process. The full extent of the work cannot be determined until excavation is completed in each respective area. He indicated that the Board's approval at this time would help to avoid any significant delay in the work and eliminate any additional delay claims from the Contractor. The Commissioners discussed the issue. August 28, 2012 Page 2 Commissioner Cline, seconded by Callalram, moved to approve the Change Order for the Washington County Free Library Renovation and Expansion Project in an amount not to exceed $460,000.00 as presented. The motion passed with Commissioners Cline, Callaham, McKinley, and Baker voting "AYE." Commissioner Barr was absent from the vote. (Commissioner Barr returned to the meeting at 10:38 a.m.) DAVID CONSERVATION RESERVE ENHANCEMENT PROGRAM EASEMENT Eric Seifarth, Rural Preservation Administrator, and Chris Boggs, Land Preservation Planner, Planning and Zoning, recommended approval of a Conservation Reserve Enhancement Program (CREP) easement for Edwin E. David (David CREP easement) for $235,419.26. Mr. Seifarth indicated that CREP funds are 100% State -paid and used to protect highly erodible land. Mr. Boggs described the property, which is approximately 65.28 acres on the east side of Mariah Furnace Road near Boonsboro. The Commissioners discussed the recommendation. Commissioner McKinley, seconded by Cline, moved to approve the David Conservation Reserve Enhancement Program easement for $235,419.26 as presented, to adopt an Ordinance approving said purchase, and to authorize the execution of all necessary documentation to finalize the acquisition. The motion passed unanimously. (Ordinance No. ORD -2012-25 is located in the County Commissioners' Office.) SUSTAINABLE GROWTH AND AGRICULTURAL PRESERVATION ACT OF 2012 -"SEPTIC BILL" Stephen Goodrich, Director, Planning and Zoning, and Jennifer Smith, Director, Plan Review and Permitting, presented information on the Sustainable Growth and Agricultural Preservation Act of 2012, also known as the "Septic Bill" which became effective July 1, 2012. Mr. Goodrich stated that staff presented information on the Septic Bill during the June 12, 2012 Commissioners' meeting. Staff is now requesting direction from the Commissioners on whether/how to "participate" regarding the subdivision ordinance amendments, map designations, and submission to the Maryland Department of Planning to comply with the requirements of the law. The Commissioners discussed the issue and its effect on the number of lots the County could approve in rural areas. Mr. Goodrich advised that his staff would need to notify developers as soon as possible of any expected changes. It was the consensus of the Commissioners to postpone the decision for two weeks, obtain a position statement from the Maryland Association of Counties (MACo), and return for further discussion of this issue. 2012 HOUSING BOND ALLOCATION TRANSFER Stephen Goodrich requested approval of the transfer of Washington County's allocation to the Community Development Administration for the issuance of housing bonds for first time homebuyers in Washington County. He advised that each year; State law August 28, 2012 Page 3 permits local governments to collaborate in a statewide bond pool for first time homebuyers. Washington County has traditionally used its allocation to participate in the Maryland Mortgage Program. Mr. Goodrich indicated that the 2012 allocation is $4,948,522.00. The Commissioners discussed the recommendation and directed Mr. Goodrich to obtain details of how funds are administered through the Maryland Mortgage Program and return with the information during this afternoon's meeting. REMOVAL OF UNDERGROUND STORAGE TANK AT HAGERSTOWN REGIONAL AIRPORT Airport Director Phil Ridenour requested permission for Rider Jet Center (RJC) to remove an underground storage tank and associated equipment at the Hagerstown Regional Airport at its expense, while complying with all federal, State and local laws, ordinances, regulations and standards. He advised that the tank and pumping system were originally installed in 1982, and older underground storage tanks are expensive to maintain and present liability issues. David Rider of RJC wishes to remove the tank and equipment and Airport staff supports its removal. Commissioner Barr, seconded by McKinley, moved to allow Rider Jet Center to remove an underground storage tank and associated equipment at the Hagerstown Regional Airport at its expense, while complying with all federal, State and local laws, ordinances, regulations and standards. The motion passed unanimously. 2012 MARCH FOR BABIES AWARD Jessica Wagoner, Director of the Western Maryland Division of the March of Dimes, presented an award to Commissioner Jeff Cline in recognition of his efforts as Chair of the 2012 "March for Babies" campaign. Commissioner Cline helped form a team that raised over $111,000.00, a 29% increase over last year's fundraising amount. Washington County Government earned the distinction of fourth highest fundraising team in the County. Ms. Wagoner introduced the 2013 Chair, Dr. Jesus Cepero, Chief Nursing Officer and Vice President of Nursing for Meritus Medical Center. Commissioner Cline thanked all participants for making the campaign a success. PROCLAMATION — FORGET-ME-NOT MONTH The Commissioners presented a proclamation to Jerry Barnhart, Commander of the Hagerstown Chapter of Disabled American Veterans Association, in recognition of September 2012 as "Forget -Me -Not Month." Mn•. Barnhart discussed activities and services provided by the Association to veterans and their families. RECESS The Commissioners recessed at 11:52 a.m. August 28, 2012 Page 4 AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:40 p.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Acme Callaham, Jeffrey A. Cline, and William B. McKinley. PUBLIC HEARING — AMENDMENTS TO THE BUILDING EXCISE TAX ORDINANCE FOR WASHINGTON COUNTY (REVISION 9) President Baker convened a public hearing at 1:40 p.m. to obtain public comment regarding proposed amendments to the Building Excise Tax Ordinance (Revision 9) for Washington County. Kirk C. Downey, Deputy County Attorney, reviewed the amendments that would change the amount of excise tax charged for non-residential "change of use" structures from $3 per square foot to $0, not including new buildings used for commercial development, for a period through June 30, 2015, to further the adaptive reuse of existing structures. The hearing was opened for public comment. Three individuals offered comment: Jerry Cump, 119 East Baltimore Street, Hagerstown Barbara Hovermill, 16286 Spielman Road, Williamsport Ron Bowers, 13933 Distant View Avenue, Maugansville The public hearing was closed at 1:52 p.m. The Commissioners discussed the proposal including suggestions to eliminate the Excise Tax Ordinance or modify it according to levels of development. LeRoy Myers, 14627 National Pike, Clear Spring, commented on Frederick County's excise tax, which was eliminated last year. Developers were refunded the excise tax on projects that had not begun construction. The Commissioners discussed how a cutoff date would be determined for refunds of excise taxes should they chose to do so. Commissioner Callaham, seconded by McKinley, moved to approve the amendments to the Building Excise Tax Ordinance (Revision 9) as presented to be effective today. The motion passed unanimously. (Ordinance No. ORD -2012-26 is located in the County Commissioners' Office.) The Commissioners requested that staff research and develop criteria, if permitted, for a potential "look back" process to determine a cutoff line of how far along a project could be before an excise tax rebate would be made. PROPOSED REVISIONS TO THE 2012 BUILDING CODE OF WASHINGTON COUNTY ORDINANCE Jennifer Smith, Director, Plan Review and Permitting, requested a consensus among the Commissioners whether to take the Proposed Revisions to the 2012 Building Code of Washington County (Ordinance ORD -2012-15) to public hearing. Ms. Smith advised that August 28, 2012 Page 5 a June 28, 2012 interpretation of House Bill 366 states that local jurisdictions may remove the residential sprinkler system requirements for one and two family dwellings if local amendments exempting those dwellings are adopted by October 1, 2012. These exemptions would be in place July 1, 2015, when the next version of the Building Performance Standards is expected to be adopted. The Commissioners discussed the issue. It was their consensus to schedule the proposed revisions for public hearing. COMMUNITY ORGANIZATION FUNDING — SERVICE PRIORITY AREAS Jim Hovis, Director, and Melissa Nearchos, Senior Grant Manager, Office of Community Grant Management, presented the proposed service priority areas developed by the Conmrunity Organization Funding Committee (COFC) in preparation for the Fiscal Year 2014 application process. Mi•. Hovis advised that the COFC used funding categories from previous years to develop the following six service priority areas: Families and Children (14.81/o), Domestic Violence (18.2%), Cultural/Arts (12.9%), Senior Services (51.90/o), Recreation (1.6%), and Other (0.6%). The Commissioners discussed whether they would add, delete, or maintain the same priorities and funding amounts provided to each category. It was their consensus to approve the recommendations and allow percentage adjustments to each category as determined by the COFC. County Attorney John Martirano indicated that thirty-three organizations have submitted requests to be added to the Section 1-108 Code of the Public Local Laws of Washina_ ton Countv list of approved organizations that could potentially receive funding. Commissioner Barr, seconded by McKinley, moved to approve the Community Organization Funding priorities and funding percentages as determined by the Community Organization Funding Committee, and allow it to choose the degree of flexibility in each category. The motion passed unanimously. ADDRESSING ORDINANCE FOR WASHINGTON COUNTY Stephen Goodrich, Director, Planning and Zoning, and Kevin Lewis, Director, Division of Emergency Services, discussed the proposal to enact an "Addressing Ordinance for Washington County." Mr. Goodrich advised that the Ordinance codifies the process by which addresses have been assigned for over twenty years. He indicated that cormnents received concerning the Ordinance included a request for rear address numbering on commercial properties. The Commissioners discussed the fine for non-compliance. Deputy County Attorney Kirk C. Downey recommended the Commissioners keep the maximum fine in the Ordinance at $1000.00 per day and then pass a resolution setting the fine to maintain flexibility. It was the consensus of the Commissioners to further discuss this item at a future meeting. The Commissioners specifically requested that staff include the requirement of rear address numbering for commercial properties as discussed, and draft a resolution setting the fine at $75.00 per day for non-compliance. August 28, 2012 Page 6 2012 HOUSING BOND ALLOCATION TRANSFER (cont.) Stephen Goodrich advised the Commissioners of information obtained regarding the Maryland Mortgage Program. He stated that Housing Authority Director Richard Willson, and several other involved parties that were consulted, advised of no known problems or complications in the past concerning the Program. Mr. Goodrich described the benefit of allocating the money back to the State that might allow more money for Washington County if excess funds from other counties are returned to the pool for re -distribution. In addition, the costs of creating a separate County program might be prohibitive. Commissioner McKinley, seconded by Cline, moved to approve the transfer of Washington County's 2012 Housing Bond Allocation of $4, 948,522.00 to the Community Development Administration for the issuance of housing bonds on behalf of Washington County. The motion passed unanimously. CONVENE IN CLOSED SESSION Commissioner Barr, seconded by McKinley, moved to convene in closed session at 3:17 p.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, and/or performance evaluation of employees or officials over whom this public body has jurisdiction; discuss personnel matters that affect one or more specific individuals; consider the acquisition of real property for a public purpose and matters directly related thereto; and consider matters that concern the proposals for businesses or industrial organizations to locate, expand or remain in the State, in accordance with Section 10-508(a)(1), (3), and (4) 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 certain individuals to several County boards; the specific aspects of the potential purchase of real property with County Staff, the specific job performance of an individual County employee and issues related thereto; the specifics of several proposals from businesses to expand/remain in the County/State; and the staffing aspects of a County department and its direct affect/impact on specific County employees. During closed session, the Commissioners directed staff to schedule the proposed appointments/reappointments for a future open session discussion; provided Staff with direction as to the ongoing negotiations with the current property owner regarding the potential purchase of real property; provided specific direction to Staff regarding the employment of an individual County employee; provided Staff with general direction regarding various County staffing issues which ultimately will impact specific County employees; and provided general direction regarding the recently received proposals of several businesses/companies to expand/remain in the County. August 28, 2012 Page 7 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; and John M. Martirano, County Attorney; and at various times Rob Ferree, EDC Deputy Director; Phil Ridenour, Airport Director; Joe Kroboth, I11, Public Works Director; Joe Kuhna, Real Property Administrator; Stephanie Stone, Health and Human Services Director; Ed Plank, Highway Director; Steve Pearl, David Rider, and Ben Rider. RECESS The Commissioners recessed at 5:17 p.m. EVENING MEETING — TOWN OF SHARPSBURG President Terry L. Baker called the evening session of the Board of County Commissioners of Washington County, Maryland to order at 7:05 p.m. at Funkstown Town Hall, Sharpsburg Town Hall, 106 Main Street, Sharpsburg, with the following members: Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley, (Vice President John F. Barr was absent from the meeting.) INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Callaham offered the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — AUGUST 7.2012 Commissioner McKinley, seconded by Callaham, moved to approve the minutes of August 7, 2012. The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner Cline attended a business outreach visit to the Gerald Taylor Company in Williamsport and the inaugural celebration of Volvo Group's Automated Manual Transmission Assembly Area. He was present for the graduation ceremony of the first Pittsburgh Institute of Aeronautics (PIA) Hagerstown Campus graduating class and the Pooch Plunge at the Potterfield Swimming Pool. Mt•. Cline attended the Public Service Commission meeting regarding FirstEnergy's response to a severe storm in June 2012. He attended Hagerstown Police Chief Arthur Smith's retirement celebration and The Herald -Mail Tech Fair, Commissioner Cline discussed a Planning and Permit outreach meeting he participated in last week. He also attended the Spud Fest and Farm of the Year Presentation at the Agricultural Education Center. He congratulated Misty Meadows Farm for the award. Mr. Cline attended an economic development meeting in the Town of Boonsboro and visited "Everybody's Day" at PenMar Park. Commissioner Callaham thanked Mayor Spielman for welcoming the Commissioners to the Town. She discussed events planned in commemoration of the 150th anniversary of the Civil War. Ms. Callaham attended a kickoff for the Hagerstown Church Softball League at Fairgrounds Park. Commissioner Callaham described economic development August 28, 2012 Page 8 track seminars she attended during the recent Maryland Association of Counties (MACo) summer conference. She attended the Augustoberfest keg tapping by Hagerstown Mayor Robert Bruchey and noted that the Hagerstown City Market recently marked its 229,' year in operation. Commissioner McKinley discussed the MACo conference and information obtained during his attendance. He thanked the citizens of Boonsboro for comments received during the town's EDC business forum. Mr. McKinley provided several details of the planned Senior Center at Hagerstown Community College. He attended the Augustoberfest in Hagerstown and C & O Canal Days in Williamsport. Commissioner McKinley participated in a land development meeting between Planning and Zoning, Plan Review and Permitting staff, and business individuals. He congratulated Chief Smith on his retirement. Mr. McKinley reported on a recent Hagerstown Regional Airport Commission Board meeting. He also attended an EDC business visit to the Don Spickler Insurance Agency. Commissioner Baker thanked Mayor Hal Spielman for the warm welcome. He reported on a recent Hancock mayor and council meeting. Mr. Baker attended the MACo conference and reported on the sharing of information between Maryland counties. He attended a bake sale in memory of Samantha Kelly to benefit a scholarship fund in her name. Commissioner Baker attended the Republican and Democratic Club picnics and a bull ox roast sponsored by the Williamsport Lions Club. He was present at the SpudFest and The Herald -Mail Tech event. MAYOR AND COUNCIL COMMENTS Mayor Hal Spielman welcomed the Commissioners to Sharpsburg. There were no council members present. CITIZENS PARTICIPATION There was no one present who wished to participate OTHER BUSINESS Annointment to Boards/Commissions Tri-Countv Council for Western Marvland Revolvine Loan Fund Commissioner Cline, seconded by McKinley, moved to appoint David Kline to fulfill a term on the Tri -County Council of Western Maryland Revolving Loan Fund through December 2, 2014. The motion passed unanimously. Commission for Women Commissioner McKinley, seconded by Callaham, moved to appoint Cleonica Sutch to the Commission for Women for a first, three-year term through August 31, 2015. The motion passed unanimously. August 28, 2012 Page 9 Economic Develonment Commission Commissioner Cline, seconded by McKinley, moved to appoint Janet Stiles Fulton as an at -large member of the Economic Development Commission for a first, three-year term through June 30, 2015. The motion passed unanimously. Countv Administrator County Administrator Gregory Murray thanked Mayor Spielman and the Town's emergency response companies for supporting the surrounding communities. ADJOURNMENT Commissioner Callaham, seconded by McKinley, moved to adjourn at 7:26 p.m. The motion passed unanimously. Gregdi-y B. M rray, Count , Administrator John M. Martirano, Co ;Atto ey 1, �. Vi Lumm, County Clerk