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HomeMy WebLinkAbout07.31.2012 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland July 31, 2012 President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 10:38 a.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. FAIRPLAY AREA EMERGENCY SERVICES RESPONSE COVERAGE Kevin Lewis, Director of Emergency Services, presented a recommendation to immediately suspend operations of the Fairplay Volunteer Fire Company (Fairplay) due to its inability to provide adequate emergency services to the Fairplay area that affect the public's health, safety, and welfare. Mr. Lewis discussed the large amount of failed responses by Fairplay, particularly during the day on weekdays. He advised that Williamsport, Funkstown, Sharpsburg, and Boonsboro fire companies are expected to cover Fairplay's calls during the suspension. Mr. Lewis recommended the following: • Move to immediately suspend the operations of the Fairplay Volunteer Fire Company (the Company) and notify the corporation of the same. The company will be required to cease all fire and emergency medical support operations indefinitely upon said notice. • Establish a Task Force for the purposes of assisting the Fairplay Volunteer Fire Company with reestablishing service and providing assistance with reorganization of the Company, if necessary. The Task Force should consist of the following: (2) Representatives of Fairplay Volunteer Fire Company; (1) Representative of the Volunteer Fire and Rescue Association; (1) Representative of the Division of Emergency Services; (4) Representatives of the Volunteer Fire Companies - one from each surrounding company: First Hose Company of Boonsboro, Funkstown Volunteer Fire Company, Sharpsburg Volunteer Fire Company, and Williamsport Volunteer Fire Company; and (5) Citizens of the Fairplay Volunteer Fire Company Response Area as appointed by the County Commissioners. • Withhold all future funding and quarterly disbursements, including Base County Allocation ($48,000.00 annually); Utility Costs Reimbursements ($22,316.00 based upon previous year's usage), and future Senator Amoss (508) grant awards. • Suspend or withhold any and all insurance coverage for the Company. July 31, 2012 Page 2 • Allow review of the developed plan at the six-month mark to determine if service provisions from the company can be authorized to resume. • Approve redistribution of funds to companies responding to cover the area in question. Dale Hill, President of the Washington County Volunteer Fire and Rescue Association, spoke during the presentation and advised that one paid career person began working Monday, July 30 at Fairplay to provide daytime coverage. He indicated that shutting down the fire company might not in the best interests of the citizens in the area. Mr. Hill recommended sanctions but not the shutdown of Fairplay while the Task Force performs its work. The Commissioners discussed the issue. Commissioners Cline, Callaham, McKinley, and Barr were in favor of the plan presented by Mr. Lewis, with a change in the proposed review period from six months to three months and the continuance of insurance coverage to Fairplay to allow the use of its social hall by the community. Commissioner Baker expressed support of an alternate plan before suspending Fairplay, which would place the company on probation for thirty to forty-five days while it attempts to improve its performance. Commissioner McKinley moved to support Director Lewis' recommendations as presented with all of the conditions listed with two modifications; 1) to maintain the insurance coverage the company currently has, and 2) to allow review of a developed restructuring plan, if any, at the three-month mark to determine if service by the Company may be authorized to resume. The Commissioners discussed the motion. Commissioner McKinley stated that the motion includes all conditions listed, including the Task Force and all definitions provided there. Commissioner Cline seconded the motion. The Commissioners discussed the appointment of members to the Task Force and agreed that each would appoint a member through the regular Boards/Commissions appointment process. The motion passed with Commissioners McKinley, Cline, Barr, and Callaham voting "AYE" and Commissioner Baker "NO." CITIZENS PARTICIPATION Ten citizens commented on the Fairplay Volunteer Fire Company. issue: Tim Almany, 8404 Norman Court, Fairplay Rocky Willis, 7911 Pendleton Court, Fairplay Jeb Eckstine 7104 Barrett Court, Fairplay Mark Kopp, 18042 Knoll Drive, Fairplay Michael and Stacy Carder 7198 Dustin Drive, Sharpsburg Doug Moyers 17821 Spielman Road, Fairplay William Ball, 204 South Artizan Street, Williamsport Tim Warrenfeltz, 7832 Fairplay Road, Fairplay Kevin Clipp, 8337 Sharpsburg Pike, Fah -play July 31, 2012 Page 3 RECESS The Commissioners recessed at 12:20 p.m. for lunch and a tour of the downtown Washington County Free Library construction site at 100 South Potomac Street, Hagerstown. AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 2:50 p.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. ANNUAL REPORT AND FUNDING ANNOUNCEMENT OF WASHINGTON COUNTY GAMING COMMISSION Jim Hovis, Director, Office of Community Grant Management, and John Menard, Gaming Commission Chair, introduced Paul Crampton, III, Vice Chair, and board members in attendance for the Gaining Commission (Commission) announcement of awards: Larry Kessler, Greg Shank, John Ziegler, Jan Cirincione, and Earl Baker. Also present were Liz Jones representing Senator Christopher Shank, and Delegate LeRoy Myers, who was also representing Delegate Andrew Serafini. John Menard presented the Commission's annual report, announcing that $1,858,769.65 in gaming funds were collected in FY 2012, representing a two percent decrease from Fiscal Year 2011. In compliance with state statute, 50% of the funds collected, or $929,384.82, was distributed to the Washington County Volunteer Fire and Rescue Association. The remaining $929,384.83 was made available to the Commission for distribution to charitable organizations serving Washington County. Mr. Hansen indicated that 108 funding applications from 98 separate organizations were received, totaling $2,412,081.23. Outgoing Commission members John Zeigler and Larry Kessler were recognized for their service. PUBLIC HEARING — ADDRESSING ORDINANCE FOR WASHINGTON COUNTY President Baker convened a public hearing at 3:15 p.m. to obtain public comment regarding the proposal to enact an "Addressing Ordinance for Washington County." Steve Goodrich, Director, Planning and Zoning, reviewed the ordinance, which codifies the process by which addresses have been assigned for over twenty years. He advised that passage of the Ordinance would not result in wholesale reassignment of addresses; however, a small number of erroneous addresses that present a substantial threat to public safety may need to be corrected. Kirk C. Downey, Assistant County Attorney, advised that accurate addresses are critical so that fire and emergency service providers, law enforcement, and mail carriers can accurately locate a structure. The hearing was opened for public comment. One person offered comments: William Ball, 204 South Artizan Street, Williamsport July 31, 2012 Page 4 The public hearing was closed at 3:24 p.m. The Commissioners discussed the proposal and directed that the issue be scheduled on the Commissioners' agenda in the near future for further discussion and action. MAP AMENDMENT (RZ-12-001) REZONING APPLICATION OF CORNERSTONE COMMUNITY CHURCH OF HAGERSTOWN Assistant County Attorney Kirk C. Downey stated that a consensus was previously reached by the Commissioners to approve a Zoning Map Amendment Application (RZ-12-001) on property owned by the Cornerstone Community Church of Hagerstown at 20519 Beaver Creek Road, Hagerstown. The entire parcel would be designated "Rural Village" for zoning purposes. He advised that the Ordinance and Decision have been drafted and are ready to be adopted to effectuate the rezoning. Commissioner Barr, seconded by Callaham, moved to approve the Ordinance ORD -2012-23, which grants the rezoning request in RZ-12-001 made by Frederick, Seibert and Associates on behalf of Cornerstone Community Church of Hagerstown for a Rural Village zoning classification, for the reasons set forth in the attached Decision. The motion passed unanimously. PARTIAL RELEASE OF DECLARATION OF COVENANTS Assistant County Attorney C. Kirk Downey requested that the Commissioners authorize the execution of a Partial Termination of Amended Declaration of Restrictions and Covenants regarding property located along Western Maryland Parkway owned by McC,B, LLC. Commissioner McKinley, seconded by Barr, moved to authorize execution of the Partial Termination of Amended Declaration of Restrictions and Covenants as presented. The motion passed unanimously. REAL PROPERTY ACOUISITION — MAUGANS AVENUE Joe Kuhna, Real Property Administrator, recommended the purchase of portions of real property located at 18217 Maugans Avenue ($124,800.00) and Parcel 510, Tax Map 24, ($114,075.00), Hagerstown, for the future realignment of Shawley Drive. Mr•. Kuhna advised that $238,875.00 is available in the Capital Improvement Project budget: The Commissioners discussed details of the acquisitions with Mr. Kuhna. Commissioner Callaham, seconded by Barr, moved to approve two option agreements and purchase of the real property as presented. The motion passed unanimously. (Ordinance No. ORD -2012-24 is located in the County Commissioners' Office) OTHER BUSINESS County Attornev's Office — Emolovee Uoarade County Attorney John Marthano recommended that Kirk Downey be upgraded from Assistant County Attorney Grade 17, Step 12 to Deputy County Attorney, Grade 18, July 31, 2012 Page 5 Step 11. If approved, there would be no need for a second Assistant County Attorney position and the position currently held by Mr. Downey would be eliminated. Commissioner McKinley, seconded by Barr, moved to approve the request as presented. The motion passed unanimously. CKI]�P/��U�[►[�ix9 o I ��YCi7�1 Commissioner Barr, seconded by McKinley, moved to convene in closed session at 3:43 p.m. to discuss the employment, assignment, discipline, demotion, compensation, removal, and/or performance evaluation of an employee or official over whom the public body has jurisdiction; to discuss a personnel matter that affects one or more specific individuals; and to consult with counsel to obtain legal advice, in accordance with Section 10-508(a)(1) and (7) of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners considered the job performance of an individual County employee and issues related thereto. During closed session, the Commissioners provided specific direction to staff regarding the individual employee. 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, Count}, Attorney. RECESS The Commissioners recessed at 4:38 p.m. EVENING MEETING — TOWN OF FUNKSTOWN President Terry L. Baker called the evening session of the Board of County Commissioners of Washington County, Maryland to order at 7:01 p.m. at Funkstown Town Hall, 30 East Baltimore Street, Funksto-%vn, 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. APPROVAL OF MINUTES —JULY 17.2012 AND JULY 24.2012; AND AMENDED JULY 10. 2012 MINUTES Commissioner McKinley, seconded by Cline, moved to approve the minutes of July 17, 2012 and July 24, 2012. The motion passed unanimously. County Clerk Vicki Lumm requested an amendment of the July 10, 2012 minutes approved on July 17, 2012 to correct verbiage in the Civil War Rail to Trail vote. July 31, 2012 Page 6 Commissioner Cline, seconded by Barr, moved to amend the previously adopted minutes of July 10, 2012 as discussed, and to direct County Clerk Vicki Lumm to make a notation of the correction thereto. The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner McKinley reported on a business outreach meeting to HBP, Inc. He attended the naming ceremony for the AC&T Arena at the Ag Center to honor Adna Fulton for his generous financial contributions and support of the Center. Mr. McKinley collected gate receipts during last week's Ag Expo and Fair. He attended the Doleman Black Heritage Tea at the Academy Theatre Banquet and Conference Center. Commissioner Barr reported on a Board of Directors' meeting of the Washington County Mental Health Authority. He described numerous events he attended at the Ag Expo, including the animal sale, where he purchased two pigs. Mr. Barr stated that the Commissioners pooled their personal funds to buy a grand champion market goat during the sale to benefit student education and scholarships. Commissioner Cline also attended many events at Ag Expo last week. He thanked all volunteers who organized and worked during the event. Mr. Cline commended the Fulton Family for their support of the Ag Center and the naming of the AC&T Arena. He thanked Parks and Facilities Director Jim Sterling and staff for their behind the scenes work to make the event a success. Commissioner Cline reported on business outreach visits to the Wetsuit Wearhouse and HBP, Inc. He commended the Town of Funkstown for last week's breakfast, park tour, and Civil War reenactment camp in the town. Commissioner Callaham reported attending the Wetsuit Wearhouse business visit. She attended the fust Chamber of Commerce morning mixer, sponsored by U.S. Cellular. Ms. Callaham recognized the Fulton family for the AC&T Arena. She also collected gate receipts during the Ag Expo. Commissioner Baker thanked Mayor Paul N. Crampton, Jr. and council members present for the warm welcome to the town. He reported on business visits to HBP, Inc. and the Wetsuit Wearhouse. Mr. Baker collected gate receipts at Ag Expo during the Demolition Derby, which was well attended. He recognized the Fultons for the AC&T Arena. Commissioner Baker attended the Clear Spring carnival this week. MAYOR AND COUNCIL COMMENTS Mayor Crampton welcomed the Commissioners to Funkstown. Council member Rich Gaver noted that a 49 -member Boy Scout troop has been formed in the Town. He discussed planned activities including Civil War commemoration events and the Olde Tyme Christmas. Council members thanked the County for providing municipalities with Hotel Rental Tax Funds to support those type events. July 31, 2012 Page 7 Council Members present included Luke Barnette, Richard Nigh, and Robert Rodgers. Mr. Rodgers requested new signage at the Funkstown bridge. Council members discussed the progress of Southern Boulevard and were advised that land acquisitions are being negotiated. Assistant Mayor Sharon Chirgott welcomed all. Mayor Crampton thanked the Commissioners and County department directors for their assistance with town issues. CITIZENS PARTICIPATION Funkstown resident Barry Warrenfeltz commented on the proposed Multi -Use Stadium in downtown Hagerstown and traffic problems in the Town of Funkstown. OTHER BUSINESS County Administrator — Accrued Liabilitv for Health Department Emnlovees County Administrator updated the Commissioners on the Health Department School Health Nurse issue regarding accrued liability pay for sick and vacation time due to laid - off Health Department employees, amounting to $537,372.65. Mr. Murray advised that neither the local Health Department nor the Maryland Department of Health and Mental Hygiene have funding to cover that amount. He recommended that the County pay the liability on the condition that its yearly contribution to the local Health Department, which annually has been funded above the required amount, be lowered by approximately $134,343.00 a year for four years. The Commissioners discussed several options to afford the funding. Mr. Murray recommended that the County assist by providing upfront the $537,372.65 from unbudgeted tax revenue that becomes available from tax appeals settled through the Maryland Department of Assessments and Taxation. The expense would be a one-time expense covered by one-time funding. Commissioner Callaham recommended that the parties sign a Memorandum of Understanding containing the agreed upon terms. Commissioner Callaham, seconded by Barr, moved to offer the Health Department $537,372.65 to offset the accrued liability, on the condition that both parties sign a Memorandum of Understanding that approximately $135,000.00 per year, over a four- year period, be used to recover that amount. The motion passed unanimously. Countv Administrator — Reauest to Fill Budeeted Position Mr. Murray requested permission to advertise for a Plant Operator position in the Department of Environmental Management and fill the position with a maintenance - orientated employee at the same grade level to keep up with necessary work at the County's wastewater treatment plants. Commissioner Barr, seconded by Cline, moved to approve the request as presented. The motion passed unanimously. July 31, 2012 Page 8 ADJOURNMENT Commissioner Clinc, seconded by McKinley, moved to adjourn at 7:56 p.m. The motion passed unanimously. Gregory B. Murray, Coin ty Administrator John M. Martirario, Vicki C. Lumm, County Clerk