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HomeMy WebLinkAbout10.23.2012 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland October 23, 2012 President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 9:36 a.m. at 100 West Washington Street, Room 227, with the following members: Vice President John F. Bair and Commissioners 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 — OCTOBER 16, 2012 Commissioner McKinley, seconded by Callaham, moved to approve the minutes of October 16, 2012. The motion passed unanimously. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Cline attended an Agricultural Education Center Board meeting and stated that the organization will soon be announcing that it has raised enough funds to reimburse the County for the Transportation Building loan. The group is holding a country breakfast fundraiser and building dedication on November 10. Mr. Cline noted that he greeted visitors from China sponsored by Kaplan University. He was present at the Red Cross Volunteer Awards Recognition event and thanked the organization for its work in the community. Commissioner Cline attended the America's Promise Alliance event to recognize Washington County as one of the 100 Best Communities in America. He attended the Breast Cancer Step `n Stride walk at Hagerstown Community College and the Living History event at the Agricultural Education Center. He also attended a Williamsport High School Alumni Volleyball game fundraiser. Commissioner Cline participated in a business visit to Pro Pools. Commissioner Callaham presented a proclamation during the America's Promise Alliance event at the Valley Mall. She participated in a small business visit to Automated Office Equipment and attended a Housing Authority Board meeting. Ms. Callaham presented a proclamation to recognize volunteers at the Washington County Community Mediation Center. She was present at a Commission on Aging board meeting and described new programs sponsored by the organization in the community. Commissioner Callaham discussed the interesting demonstrations given during the Living History event at the Rural Heritage Museum, Commissioner Barr stated that he was out of town last week. Commissioner McKinley discussed an article in the October 22, 2012 edition of Sports Illustrated on the Williamsport baseball team and two former players who passed away unexpectedly. He attended various demonstrations at the Living History event at the Rural Heritage Museum. October 23, 2012 Page 2 Commissioner Baker thanked the Town of Keedysville for hosting last week's evening meeting. He attended a business outreach visit to the G.A. Miller Lumber Company in Williamsport that has been in operation for over 100 years. Mr. Baker attended a meeting of the Washington County Volunteer Fire and Rescue Association. ANIMAL CONTROL ORDINANCE — REVISION 5 Deputy County Attorney Kirk C. Downey presented an overview of the process taken thus far to adopt Revision 5 of the Animal Control Ordinance for Washington County, Maryland (ACO) including the holding of a public hearing. He reviewed revisions to the ACO and comments received which included, among other items, a requirement that dogs generally be restrained by a leash, a definition of excessive noise, and a clarification that an attack on farm animals does not disqualify a dog from being designated as Potentially Vicious and Dangerous or Vicious and Dangerous. The Commissioners discussed the revision, including whether to mandate leash standards. It was their consensus to include a provision for a leash law without a maximum length restriction. The revised Ordinance will become effective on January 1, 2013. Commissioner Barr, seconded by Cline, moved to adopt Revision 5 of the Animal Control Ordinance for Washington County as presented, with changes as directed, and that it become effective on January 1, 2013. The motion passed unanimously. POTENTIAL LEGISLATIVE ITEMS — 2013 GENERAL ASSEMBLY Deputy County Attorney Kirk C. Downey presented a preliminary list of legislative issues of County interest that may be addressed during the 2013 General Assembly. Mr. Downey stated that a meeting with the Delegation is tentatively scheduled for December 11, 2012. The Commissioners discussed and approved the following items: 1) Disnaritv Grant. Washington County has not been eligible for a disparity grant (a State grant based on a county's income tax revenue) since 2010, when legislation placed a cap on certain eligible counties. Washington County became ineligible for the grant based on a one-year revenue anomaly. The local Delegation supports its reinstatement at some level to help cover teacher pension cost shifts to the County. 2) Update of various statutes to come into alignment with the revised salary studv process. To update membership requirements for the Salary Study Commission and to align certain statutes setting salaries for various elected officials with the revised salary study process. 3) Inclusion of Washington Countv amongst those with authoritv to license microbreweries. A request that Washington County be amongst the counties authorized to issue licenses for microbreweries. 4) Appointment of municipal law enforcement officers as special Sheriff's deputies. Municipal law enforcement officers would be given Special Deputy status for purposes of law enforcement in certain situations when they are outside.of their jurisdiction. 5) Bond authorization authoritv ($60 million bond authorization for funding of the Capital Improvement Plan through 2018). It is necessary to start the process to gain bond issuance authority for Fiscal Year 2014 through 2018 for funding of projects in the Capital Improvement Plan. October 23, 2012 Page 3 The Commissioners suspended further discussion of legislative proposals to move to the Citizens' Participation portion of the meeting. (Commissioner Cline left the meeting at 10:36 a.m.) CITIZENS' PARTICIPATION Raymond Chaney, Hagerstown, commented on the need for a facility dedicated to Senior Citizen activities. Patricia Cross, Hagerstown, commented in favor of a Senior Citizen Center being located at Hagerstown Community College. Grady Grimm, Hagerstown, commented on the need for a Senior Citizen Center facility POTENTIAL LEGISLATIVE ITEMS — 2013 GENERAL ASSEMBLY The Commissioners resumed discussion of potential legislative items for the 2013 General Assembly and approved the following items: 6) Clarification of devices defined as "Amusement devices." To clarify the definition of an amusement device subject to licensing by the Gaming Office. This item was supported last year by the County Commissioners and Delegation but did not progress past the Committee process. 7) Authoritv for Pavment in Lieu of Taxes (PILOTS) for personal oronerty taxes relating_ to technologv businesses. To clarify the County's authority to enter into personal property PILOTS for certain businesses, mainly those that are largely technology-based, to alleviate the up -front personal property tax burden on capital investments. 8) Preservation of Local Management Boards (LMBs) and maintenance of funding. A request that local LMBs and their funding be maintained. 9) Potential revisions to The Code of the Public Local Laws of Washington County, Marvland, Section 1-108, in light of communitv organization funding process. Adjustment of enabling legislation in light of the revised procedures for funding non-profit organizations due to the formation of the Community Organization Funding Committee. Commissioner Callalram requested the addition of an item to the list that would address site plan review fees that businesses are required to pay every two years due to State stormwater management regulations. BUILDING CODE BOARD OF APPEALS — STRUCTURE AND BYLAWS Jennifer Smith, Director, and Angela Smith, Deputy Director, Plan Review and Permitting, reviewed the proposed structure and bylaws of the Building Code Board of Appeals (BCA) Board. Jennifer Smith stated that Section 113 of the 2012 International Building Code and Section R112 of the 2012 International Residential Code (collectively the "Code") require the formation of a BCA appointed by the governing body. She indicated that during the October Building Advisory Committee meeting, members discussed the need to update the bylaws and reconstitute the BCA. October 23, 2012 Page 4 According to the Code, applications for appeal are to arise from a claim that the hue intent of the Code has been incorrectly interpreted, that the provisions of the Code do not fully apply, or that an equally good or better form of construction is proposed. The BCA may hear and decide appeals, orders, decisions, or determinations made by the building official relative to the application and interpretation of the Code. The BCA does not have the authority to waive requirements of the Code. Members are to be made up of individuals who are qualified by experience and training to pass on matters pertaining to building construction and cannot be employees of the local jurisdiction. The building official will be an ex -officio member of the Building Code Board of Appeals. The Commissioners discussed the proposed bylaws. Commissioner McKinley, seconded by Barr, moved to approve the recommended bylaws for the Washington County Building Code Board of Appeals. The motion passed unanimously. (Commissioner Cline was absent from the vote.) CONVENE IN CLOSED SESSION Commissioner McKinley, seconded by Callaham, moved to convene in closed session at 11:13 p.m, to discuss the appointment, employment, assignment, and/or performance evaluation of appointees, employees, or officials over whom this public body had jurisdiction; discuss other personnel matters that affect one or more specific individuals; and 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 (1) 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 individuals to a County board. The Commissioners also discussed with County staff the details of a Company's Phase 1 proposal to expand its operations in the County/State. During closed session, the Commissioners instructed staff to place the potential appointments on a future open session agenda for further consideration and discussion, and the Commissioners provided direction to staff regarding the County's continued discussions with a company hoping to expand its operations in the County. . Present during closed session were Commissioners Terry L. Baker, John F. Barr, Ruth Anne Callaham, and William B. McKinley. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; John M. Martirano, County Attorney; Kirk C. Downey; Deputy County Attorney; and at various times, Stephen Goodrich, Director, Eric Seifarth, Rural Preservation Administrator, and Chris Boggs, Land Preservation Planner, Planning and Zoning. RECESS The Commissioners recessed at 11:53 p.m. October 23, 2012 Page 5 AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:32 p.m. with the following members: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. UNITED WAY AND COMMUNITY HEALTH CHARITIES OF MARYLAND WASHINGTON COUNTY EMPLOYEE CAMPAIGN Kathy Kroboth, Coordinator of the Washington County Government's United Way and Community Health Charities employee campaign, announced the kickoff of this year's event that will run from October 22, 2012 through November 2, 2012. She introduced Peter Perini, United Way Campaign Co -Chair, and Rosanna Marsh, Senior Manager for Community Health Charities of Maryland, who presented information on their respective agencies. The Commissioners thanked the representatives for the information. (Commissioner Bair excused himself from the meeting during the discussion of the next item due to business reasons.) WASHINGTON COUNTY SENIOR CENTER Joe Kroboth, III, Public Works Director, and Karen Luther, Purchasing Agent, presented information requested by the Commissioners during the October 9, 2012 meeting regarding available funding for the Washington County Senior Center. Mr. Kroboth advised that the following opportunities might be available: Special allocation from County Commissioners (October 25, 2011) $800,000.00 Program Open Space funding surplus from Devil's Backbone Dam project $180,000.00 Program opening space forward -funding from future years $150,000.00 Weinberg Foundation (Board meets in two months) $450,000.00 Commission on Aging contributions for furniture $140,000.00 Mr. Kroboth advised that staff is recommending postponement of the bid award to evaluate other possible sites in lieu of the proposed Hagerstown Community College (HCC) site and bring that information back to the Board. Greg Murray, County Administrator, discussed alternative sites that may be available such as the former National Guard Armory (19,000 square feet), former Richardson's building, and Winter Street School (to be closed in the future), if the project was not awarded today. Joe Kroboth stated that bids are valid through January 17, 2013. The Commissioners discussed the issue. Commissioner McKinley was not in favor of the HCC site at a cost of $7.5 million but stated that the Armory would be a good match within the City of Hagerstown boundaries. He suggested looking into whether the City would collaborate with the County in the endeavor. Commissioner Baker also favored collaborating with the City if it so agreed. He stated that due to current leasing costs, he could not justify moving forward with a new building without relocating the Commission October 23, 2012 Page 6 on Aging offices there. Commissioner Callaham discussed the cost of building a Senior Center and supported spending up to $5 million. She suggested a target opening date within 400 days. Joe Kroboth estimated a possible 20 -month period to perform a complete evaluation of available site options. It was the consensus of the Commissioners to delay the vote to award the contract for construction of the Senior Center for two weeks for further evaluation of the options. OTHER BUSINESS: Alsatia Mummer's Parade County Administrator Greg Murray stated that the Commissioners would be participating in the October 27 Alsatia Mummers Parade. ADJOURNMENT Commissioner McKinley, seconded by Callaham, moved to adjourn at 2:34 p.m. The motion passed unanimously. /�el- ` Greg14y B. Mu{ ay, Cour Administrator John M. Martirano, oun Attorney Vicki C. Lurnm, County Clerk