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HomeMy WebLinkAbout08.04.2015 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland August 4, 2015 LUNCHEON MEETING AT BEAVER CREEK SCHOOL MUSEUM The Commissioners met with members of the Washington County Historical Society and the Community Foundation of Washington County at 12:00 p.m. at the Beaver Creek School Museum, 9702 Beaver Creek Church Road, Hagerstown. A boiled hot dog picnic lunch was served, as was the tradition every Wednesday during the school week according to former student and current County Commissioner John F. Barr. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barr offered the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. CALL TO ORDER Commissioner John F. Barr called the meeting of the Board of County Commissioners of Washington County, Maryland, to order at 1:00 p.m. with the following members present: President Terry L. Baker, Vice President Jeffrey A. Cline and Commissioners LeRoy E. Myers, Jr. and Vincent G. Spong. APPROVAL OF MINUTES —JULY 14, 2015 Commissioner Cline, seconded Myers, moved to approve the minutes of July 14, 2015. The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner Baker thanked the individuals in attendance for visiting the Beaver Creek School Museum to discuss its future. He reported on the recent tour of Interstate 81 with Secretary of Transportation Pete Rahn. Mr. Baker attended the Washington County Sports Hall of Fame induction ceremony. He presented a certificate to new Eagle Scout Ryan Dick during his Court of Honor ceremony. Commissioner Baker praised the Ag Expo and Fair and thanked Chairperson Sue Hull and organizers for their hard work to make the event a success. He reported speaking to the Longmeadow Rotary Club about positive things happenings in Washington County. Mr. Baker attended a ceremony at the local Korean War Memorial. Commissioner Cline expressed thanks to Maryland Budget and Management Secretary David Brinkley and Transportation Secretary Rahn for their recent visits to Washington County. He reiterated Commissioner Baker's comments about the successful Ag Expo and Fair. Mr. Cline congratulated the Star Community for its new Sensory Trail that is open to the public from dawn to dusk. He praised the great economic news recently released regarding the Hagerstown Regional Airport. Commissioner Cline noted that tonight is the National Night Out. August 4, 2015 Page 2 Commissioner Spong attended a PenMar Development Corporation board meeting where efforts to market the former Fort Ritchie property were discussed. He reported attending the visit by Secretary Rahn and meeting this morning with City of Hagerstown Mayor David Gysberts. Commissioner Myers attended a Planning Commission meeting and commented on the ongoing town meetings to obtain citizens' input regarding the update of the County's Comprehensive Plan. He discussed the Ag Expo and Fair and suggested that a full or part-time position be developed to help oversee the event. Commissioner Barr recalled memories of attending the Beaver Creek School including the boiled hot dog meal provided by teachers every Wednesday. He announced that the Commissioners had purchased the grand champion rabbit during the Ag Expo and Fair using their personal funds. Mr. Barr noted that the Maryland Association of Counties (MACo) would be holding its annual Summer Conference next week in Ocean City, Maryland. The County Commissioners and various staff will be attending the conference and Mr. Barr will also be busy representing MACo as its First Vice President. BEAVER CREEK SCHOOL MUSEUM Linda Irvin -Craig, Executive Director of the Washington County Historical Society, discussed the history of the Beaver Creek School Museum that requires $10,000 per year of Historical Society funds to maintain. She requested ideas from the Commissioners and those in attendance to develop ways to preserve the school and keep it open to the public. The group discussed its significance to the history of Washington County. RECESS The Commissioners recessed at 1:35 p.m. to return to 100 West Washington Street, Hagerstown, for their regular meeting. CALL TO ORDER President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland, to order at 2:19 p.m. at 100 West Washington Street, Room 227, with the following members present: Vice President Jeffrey A. Cline and Commissioners John F. Barr, LeRoy E. Myers, Jr. and Vincent G. Spong. COMMISSIONER COMMENTS — BEAVER CREEK SCHOOL MUSEUM Commissioner Spong commented on the visit to Beaver Creek School and his desire to have the County support its ongoing maintenance. He moved that the Commissioners provide $10,000 annually the next three years to the Washington County Historical Society to be used toward the maintenance/preservation of the Beaver Creek School Museum. Commissioner Barr seconded the motion for discussion. The Commissioners discussed the local significance of the school and their desire to preserve the structure and its history. Commissioners Cline and Myers expressed their preference to seek additional information and develop ideas the next few weeks before committing County funds to the school. August 4, 2015 Page 3 Commissioner Spong withdrew his motion and Commissioner Barr withdrew his second of the motion. The Commissioners plan to further discuss the funding/maintenance issue during the next few weeks. REPORTS FROM COUNTY STAFF Health and Human Services — Advertise to Fill Position Debra Peyton, Benefits Administrator, Health and Human Services, requested approval to advertise and fill a full-time, Grade 10 Court Reporter position in the Circuit Court due to a retirement. Commissioner Barr, seconded by Myers, moved to approve the personnel request as presented. The motion passed unanimously. Public Relations and Communitv Affairs Sarah Sprecher, Assistant County Administrator, announced winners of the County employee contest to voluntarily complete the Community Health Needs Survey promoted by Meritus Health. The community survey is being circulated to County residents and the results will be shared with local health partners. REAL PROPERTY SALE TO STUDENT TRADES FOUNDATON -19327 LONGMEADOW ROAD, HAGERSTOWN Susan Small, Real Property Administrator, Engineering and Construction Management, advised that the Student Trades Foundation has requested to defer payment for the building lot it is purchasing from the County at 19327 Longmeadow Road, Hagerstown, until the house has been constructed and sold. The Commissioners discussed the request and the fact that past boards have approved such requests due to the group's need to first sell the constructed house to provide funds for the purchase. It was their consensus to approve the request. Engineering and Construction — Plan Review and Permitting; Reorganization Rob Slocum, Director, Engineering and Construction, presented a request to reorganize the Department of Plan Review and Permitting in an effort toward efficiency and improved customer service. He proposed to promote Tim Lung to Plan Review Department Head at Grade 17, Step 10; promote Angela Smith to Permitting Department Head at Grade 17, Step 9; upgrade Permit Administrator Becky Shank to Grade 12, Step 3; upgrade Permit Technicians Julie Rice, Kathleen Lang and Monica Lindsay to Grade 9, Step 2; and upgrade Senior Plan Reviewer and Floodplain Manager Mark Stransky to Grade 15, Step 13. He also requested permission to advertise to hire an additional Permit Technician at Grade 9 to make a total of four, which would more efficiently cover employee lunch breaks and vacation times for better public service. Commissioner Cline, seconded by Myers, moved to approve the proposal as presented. The motion passed unanimously. August 4, 2015 Page 4 EnOneerine and Construction — Construction Updates Mr. Slocum updated the Commissioners on various County projects including Yale Drive, Robinwood Drive, Senior Activities Center, Detention Center, 9-1-1 Backup Center, County Administration Building, and summer road paving and maintenance work. He also noted that private development road improvements are being completed at Seneca Ridge on Maugans Avenue the next two weeks. Countv Clerk — Appointme n is to Boards/Commissions Local Manaeement Board Commissioner Cline, seconded by Barr, moved to appoint Patricia Leonard as a community representative to the Local Management Board to serve a first, three-year term from August 1, 2015 through July 30, 2018. The motion passed unanimously. Commission for Women Commissioner Barr, seconded by Cline, moved to appoint Candace DeVore to a first, full three-year term retroactively from May 1, 2015 through April 30, 2018; and appoint Christine Baeth, Sallay Bangura, Lacey Blankenship, Z Sunnee Matema, Linda Mercurio, Jessica Scott, Michele Sines and Shakena Warren to the Commission for Women for three- year terms through July 30, 2018. The motion passed unanimously. MARYLAND STATE DEPARTMENT OF EDUCATION GRANT AWARD FOR SCHOOL BASED HEALTH CENTERS Stephanie Lapole, Grant Manager, Office of Community Grant Management, presented a request to submit a grant application for the provision of School Based Health Centers in Washington County to the Maryland State Department of Education for $200,384. The amount includes $10,019 for County administrative support. Ms. Lapole advised that there are currently two centers in the County located at South Hagerstown High School and Western Heights Middle School operating three days per week that provide exams, prescriptions, immunizations, nutritional assessments and assistance in managing chronic conditions. No County funds are involved in the award. Commissioner Barr, seconded by Myers, moved to approve the submission of a grant application of $200,384 for the provision of School Based Health Centers in Washington County as presented. The motion passed unanimously. REHABILITATION OF TAXIWAYS AT HAGERSTOWN REGIONAL AIRPORT MODIFICATION OF PROJECT FUNDING/GRANT AWARD Jim Hovis, Director, Community Grant Management, and Phil Ridenour, Director, Hagerstown Regional Airport, presented a proposal to approve a modification of Federal Aviation Administration (FAA) grant application for rehabilitation of Taxiways "A" & "D" from a single -year grant to a multi-year grant and to approve the expenditure of County funds to complete this project in advance of reimbursement from the listed funding sources and to approve such expenditures using local funds in the event anticipated grant funding is not received. Mr. Hovis indicated that it was originally anticipated that the FAA August 4, 2015 Page 5 would fund the project using a one-time grant from discretionary funds of $2,659,718, however, it was recently learned that this project will not be funded as planned and funding for the project must come from entitlement funds (based on the number of local enplanements) expected/anticipated to be received. $1,305,503 in entitlement funds are anticipated for Fiscal Year 2015 and entitlement funds at the $1,000,000 per year level are anticipated for fiscal years 2016 & 2017. The total project costs are expected to be $2,799,704.05 with FAA reimbursement covering a three-year period. Funding for current fiscal year is expected awaiting grant approval. Funding for Fiscal Year 2016 is anticipated due to the fact that the Airport has already met the 10,000 enplanements per year to be eligible for the $1,000,000 entitlement. Funding for Fiscal Year 2017 is also anticipated but will be contingent upon the Airport reaching 10,000 enplanements per year. The Office of Community Grant Management has reviewed the grant application and funding guidelines and advised the Commissioners that although funding is expected and/or anticipated it is not guaranteed. Therefore, there is a risk that non -grant funded expenditures could remain the responsibility of the County. The Commissioners discussed the proposal in detail with Mr. Ridenour and Mr. Hovis including what other projects were previously planned for the $1 million entitlement funds. Mr. Ridenour indicated that none of those projects is more important than this and the Airport has already earned $1 million from enplanements this year. All funding is expected and anticipated, however, it is not guaranteed. Commissioner Barr, seconded by Spong, moved to approve a modification of Federal Aviation Administration (FAA) grant application for rehabilitation of Taxiways "A" & "D" from a single -year grant to a multi-year grant, to approve the expenditure of County funds to complete this project in advance of reimbursement from the listed funding sources, and to approve such expenditures using local funds in the event anticipated grant funding is not received as presented. The motion passed unanimously. APPROVAL OF GRANT AGREEMENT AND FUNDING AWARD FOR FISCAL YEAR 2016 JUVENILE DRUG COURT PROGRAM Susan Buchanan, Senior Grant Manager, Community Grant Management, and Eunice Plank, Court Administrator, Circuit Court, requested approval to accept a grant agreement and funding award of $86,585 for a Fiscal Year 2016 Office of Problem Solving Courts Discretionary Grant. Ms. Buchanan indicated that the grant assists with the operational expenses and ancillary services of the Juvenile Drug Court Program. The Drug Court Program offers services to adolescents residing in Washington County who have become involved with the legal system due to an underlying substance use disorder. These grant funds allow better access to justice and substance use services by providing frequent drug and alcohol testing and monitoring, transportation assistance to court and treatment appointments, school and employment, and community service events. No matching funds or in-kind support is required for this program. August 4, 2015 Page 6 Commissioner Barr, seconded by Cline, moved to approve a grant agreement and accept a funding award of $86,585 for the Fiscal Year 2016 Office of Problem -Solving Courts Discretionary Grant as presented. The motion passed unanimously. APPLICATION FOR MAP AMENDMENT — MB REALTY GROUP (RZ-15-001) Kirk C. Downey, Deputy County Attorney, initiated a discussion of whether the application for Map Amendment RZ-15-001 to the Washington County Zoning Ordinance from Applicant MB Realty Group should be approved or denied. The applicant is requesting the rezoning of 1.8 acres of land located at the corner of Jefferson Boulevard and Warrenfeltz Lane, Hagerstown, Maryland, from RT (Residential Transition) to BL (Business Local). Mr. Downey discussed Zoning Ordinance guidelines to be considered by the Commissioners when deciding the issue. The Commissioners discussed the matter. It was their consensus to support the findings of the Planning Commission that found there was insufficient justification to recommend approval of the request. Commissioner Spong expressed concerns about the sharp drop at the railroad tracks to the rear of the property. Other reservations about the requested reclassification included safety and traffic conditions, the lack of need for additional commercial use in the neighborhood, and the failure of the Appellant to convincingly demonstrate that the existing classification was the result of a mistake. A Decision and Findings of Fact will be developed for the Commissioners' future review and adoption. PUBLIC HEARING — APPLICATION FOR TEXT AMENDMENT (RZ-15-003) President Baker convened a public hearing at 3:07 p.m. to obtain public comment regarding the application from the Washington County Department of Planning and Zoning for Text Amendment RZ-15-003 to the Washington County Zoning Ordinance (Ordinance) concerning the proposal to add a new Article 16A — Planned Unit Development and similar amendments to the existing Article 16 — Mixed Use District. Stephen Goodrich, Director, presented the Staff Report and Analysis by the Department of Planning and Zoning to address deficiencies in the Ordinance regarding Planned Unit Development (PUD) plan changes that were identified as the basis for the Circuit Court's reversal of the County Commissioners' decision to approve a Concept and Development Plan change for a PUD. The amendment would incorporate an existing administrative procedure developed to address the need for guidance in the PUD plan amendment procedures into the text of the Zoning Ordinance that is consistent with public review intentions in the Ordinance. The amendment also includes additions that the Planning Commission recommended following feedback during a public information meeting. County staff has long believed that PUDs were not intended to be static or unresponsive to changing community needs and conditions. The Zoning Ordinance was interpreted in light of this belief, and major and minor changes to various PUDs have occurred pursuant to said interpretation. Recently, however, a judge interpreted the PUD language to not allow for a major change to a PUD, even with the approval of the zoning authority that placed the PUD designation on the parcel in the first place. The intent of these amendments is to August 4, 2015 Page 7 "recodify" the County's longstanding stance on PUDs, namely that minor changes are permitted with the assent of the Planning Commission and major changes may be permitted with the approval of the zoning authority. Commissioner Spong questioned whether there was a specific definition in the Ordinance for a "major" or "minor" change. The Commissioners and Mr. Goodrich discussed the procedure as it now stands which includes considerations of various criteria. The hearing was opened for public comment and three individuals offered comments. Michael Stowell, 19254 Jamestown Drive, Hagerstown, (Fox Leigh Meadows) commented on the proposal as it relates to the Emerald Pointe PUD lawsuit and the lack of a mechanism for change available to the County Commissioners. He indicated that the Foxleigh Meadows residents involved in the lawsuit do not oppose this change. Mr. Stowell's written comments were entered into the record (Exhibit 1.) Attorney Andrew Wilkinson, Divelbiss and Wilkinson, 13424 Pennsylvania Avenue, Hagerstown, commented on the Emerald Pointe lawsuit in which he represented the developer of Emerald Pointe. He spoke in favor of the adoption of Article 16A and changes proposed to Article 16, and indicated that the amendment solves the procedural problems identified in the litigation and are appropriate for adoption. Mr. Wilkinson also commented on the definition of a Planned Business Center and the size of shell buildings under Article 28A. He distributed a proposed re -wording of that term in Article 28A (Exhibit 2.) He added that the County should consider the issue of whether a PUD would allow for a convenience store. Dan Kaminsky, 13136 Applewhite Circle, Hagerstown, commented on the Planned Business Center definition indicating that the original authors were clear that the Business Local zone was meant to provide for retail centers supporting the local community of the neighborhood in consideration. He noted that the definition of a Neighborhood Shopping Center limited the use to 25,000 square feet and that such limitation is appropriate in the BL district. The hearing was opened for questions from the Commissioners and there were none. The Public Hearing was closed at 3:54 p.m. Commissioner Myers commented on the definition of a convenience store versus a dairy store. The Commissioners took no action on the rezoning request but requested to further discuss the proposal in a few weeks. FORT RITCHIE - RESOLUTIONS IN SUPPORT OF DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT GRANTS FOR DEMOLITION OF BUILDING 303 AND SEWER RELOCATION PROJECT Dori Nipps, Executive Director of the PenMar Development Corporation (PenMar), requested support from the Commissioners in the form of resolutions for grants being August 4, 2015 Page 8 submitted to the Department of Housing and Community Development (DHCD) by PenMar for the demolition of Building 303 at Fort Ritchie and the relocation of the sanitary sewer line serving the Maryland National Guard facility on Ritchie Road. Ms. Nipps discussed the reasons for the projects that include improving the property and increasing the overall chances for businesses to renovate and reuse the significant historic structures, and relocating the sanitary sewer line from the Fort Ritchie property to Ritchie Road where Washington County sanitary sewer service is provided. She advised that no County funds are involved in the request. PenMar is requesting the Commissioners' endorsement through the requested resolutions. The Commissioners discussed the proposal with Ms. Nipps. Commissioner Cline, seconded by Spong, moved to support the grant requests being submitted to the Department of Housing and Community Development by the PenMar Development Corporation for the demolition of Building 303 at Fort Ritchie and the relocation of the sanitary sewer line serving the Maryland National Guard facility on Ritchie Road. The motion passed unanimously. (Resolutions RS -2015-13 and RS -2015-14 are located in the County Commissioners' Office.) 2015 HOUSING BOND ALLOCATION TRANSFER Stephen Goodrich, Director, Planning and Zoning, requested approval to transfer Washington County's 2015 Housing Bond Allocation of $5,277,608 to the Maryland Community Development Administration for use in issuing housing bonds on behalf of the County. Mr. Goodrich indicated that each year, the State of Maryland invites local governments to collaborate in a statewide bond pool for first-time homebuyers. Washington County has traditionally used its allocation to participate in the program. Mr. Goodrich described the benefit of allocating the money back to the State that might allow more for Washington County residents if excess funds from other counties are returned to the pool for re -distribution. He noted that income limits for homebuyers remain the same but maximum acquisition costs have gone down. Commissioner Barr, seconded by Myers, moved to approve the transfer of Washington County's 2015 Housing Bond Allocation of $5,277,608 to the Maryland Community Development Administration for the issuance of housing bonds on behalf of Washington County. The motion passed unanimously. PUBLIC HEARING — REVISIONS TO BUILDING EXCISE TAX ORDINANCE FOR WASHINGTON COUNTY, MARYLAND President Baker convened a public hearing at 4:12 p.m. to obtain public comment regarding a proposed amendment to the Building Excise Tax Ordinance (BETO) to extend the sunset provision concerning changes in use of nonresidential construction by four years. Deputy County Kirk C. Downey presented details of the proposal. Section 7.08 of the Ordinance provides that certain provisions regarding changes in use of nonresidential structures are not to be given effect until July 1, 2015. Those provisions remain dormant (and thus, impose no tax) until that date. After July 1, 2015, changes in use from nonresidential nonretail to nonresidential retail will be subject to an excise tax of $1 per August 4, 2015 Page 9 square foot for the first 15,000 square feet and $3 per square foot for anything over 15,000 square feet, with addition construction taxed in the same manner. Changes in use from nonresidential retail to nonresidential nonretail will be subject to excise tax of $1 per square foot on existing square and additional construction. Credit is granted for any building excise tax previously paid upon prior construction of a structure since July 12, 2005 toward any excise tax due because of a change in use. This provision is unaffected by the sunset. The Commissioners directed preparation of an amendment to delay the sunset until July 1, 2019. The proposed amendment is now before the Board for public hearing. The hearing was opened for public comment. There were no citizens present who wished to comment. The hearing was opened for questions from the Commissioners and there were none. The Public Hearing was closed at 4:15 p.m. Commissioner Myers, seconded by Cline, moved to adopt the Revisions to the Building Excise Tax Ordinance for Washington County as presented. The motion passed unanimously. (Ordinance No. ORD -2015-12 is located in the County Commissioners' Office.) WD FARMS, LLC RURAL LEGACY PROGRAM EASEMENT Chris Boggs, Land Preservation Planner, Planning and Zoning, recommended approval of the WD Farms, LLC (Edward C. Wurmb, IV and Jennifer M. Dolan) Rural Legacy Program (RLP) Easement Project of $164,490 for 55.83 easement acres in the Rural Legacy Area, and to adopt an ordinance approving the purchase. He advised the Commissioners that Washington County was awarded $1.445 million in RLP grants in Fiscal Year 2015 to preserve farmland and open space containing significant agricultural, environmental and cultural or historic features surrounding the Antietam Battlefield. RLP funds are State funds derived mainly from Department of Natural Resources Open Space funds. Mr. Boggs described the land to be protected under the program. Commissioner Cline, seconded by Myers, moved to approve the WD Farms, LLC Rural Legacy Program Easement Project of $164,490 as presented, to adopt an ordinance approving the purchase of the easement, and to authorize the execution of all such documents as may be required to affect the purchase. The motion passed unanimously. (Ordinance No. ORD -2015-13 is located in the County Commissioners' Office.) HIRRLINGER RURAL LEGACY PROGRAM EASEMENT Chris Boggs recommended approval of the Hirrlinger Rural Legacy Program (RLP) Easement Project of $23,426.03 for ten easement acres in the Rural Legacy Area, and to adopt an ordinance approving the purchase. Mr. Boggs described the land to be protected under the program. Commissioner Barr discussed with Mr. Boggs the method for valuing projects that takes into consideration the acreage and the number of development rights being purchased with the easement, among other factors. August 4, 2015 Page 10 Commissioner Spong, seconded by Barr, moved to approve the Hirrlinger Rural Legacy Program Easement Project of $23,426.03 as presented, to adopt an ordinance approving the purchase of the easement, and to authorize the execution of all such documents as may be required to affect the purchase. The motion passed unanimously. (Ordinance No. ORD - 2015 -14 is located in the County Commissioners' Office.) COGAN RURAL LEGACY PROGRAM EASEMENT Mr. Boggs recommended approval of the Jerrilyn J. Cogan Rural Legacy Program (RLP) Easement Project of $62,520 for 20.04 easement acres in the Rural Legacy Area, and to adopt an ordinance approving the purchase. The Commissioners discussed the land involved located that is located on Lappans Road in Fairplay. Commissioner Spong, seconded by Barr, moved to approve the Jerrilyn J. Cogan Rural Legacy Program Easement Project of $62,520 as presented, to adopt an ordinance approving the purchase of the easement, and to authorize the execution of all such documents as may be required to affect the purchase. The motion passed unanimously. (Ordinance No. ORD -2015-15 is located in the County Commissioners' Office.) WASHINGTON COUNTY GAMING COMMISSION - ANNUAL REPORT AND 2015 FUNDING ALLOCATION Jim Hovis, Director, Office of Community Grant Management introduced board members in attendance for the announcement of the Gaming Commission (Commission) allocation awards. Mr. Hovis introduced many representatives of non -profits that attended to thank the Commissioners for the monetary awards. He recalled recently deceased member John Ford for his work on the Gaming Commission and in the community. Earl Rusty Baker, Gaming Commission Chair, presented the Commission's annual report, announcing that $1,969,732.22 in gaming funds were collected in Fiscal Year 2015, which ended June 30, 2015, representing an 8.8% increase from Fiscal Year 2014. He indicated that 102 funding applications totaling $1,793,288.12 were received from 89 charitable organizations serving Washington County. In compliance with State statute, 50% of the funds collected, or $412,198.46 was distributed in two installments to the Washington County Volunteer Fire and Rescue Association. The remaining $984,866.11 was made available to the Commission for distribution to charitable organizations applying for gaming funds according to distribution guidelines. The Commissioners recognized Gaming Commission members for their volunteer work performed on behalf of Washington County citizens and thanked charitable organizations for their important work done in the community. FEE SIMPLE ACOUISITION — RAILWAY LANE (PART OF MAP 48, PARCEL 860) Susan Small, Real Property Administrator, Engineering and Construction Management, requested approval of an option agreement for the fee simple acquisition of property owned by Bowman Railway, LLC located on Railway Lane for $4,928 to allow for future August 4, 2015 Page 11 intersection improvements in the area along Underpass Way. She described the property consisting of 2,781 square feet and the project that will greatly improve the intersection with a new traffic signal and designated turn lanes. Commissioner Myers, seconded by Barr, moved to approve an option agreement for the fee simple acquisition of property owned by Bowman Railway, LLC on Railway Lane for $4,928 as presented, to adopt an ordinance approving the purchase, and to authorize the execution of all such documents as may be required to affect the purchase. The motion passed unanimously. (Ordinance No. ORD -2015-16 is located in the County Commissioners' Office.) REAL PROPERTY ACOUISITION - 14221 OAK SPRINGS ROAD Susan Small and Phil Ridenour, Airport Director, requested approval of an option agreement for a fee simple acquisition at 14221 Oak Springs Road for $150,000. Ms. Small indicated that the acquisition is part of the expansion of the Airport's Runway Protection Zone. Funding for the acquisition will be reimbursed in the future at the rate of 95% from the Federal Aviation Administration (approved) and 2.5% from the Maryland Aviation Administration (pending). The total cost to the County would be 2.5% of the purchase cost or approximately $3,750 once reimbursement funds are provided. Commissioner Myers, seconded by Barr, moved to approve an option agreement for a fee simple acquisition at 14221 Oak Springs Road as presented, to adopt an ordinance approving the purchase, and to authorize the execution of all such documents as may be required to affect the purchase. The motion passed unanimously. (Ordinance No. ORD - 2015 -17 is located in the County Commissioners' Office.) CITIZENS' PARTICIPATION Jim Devine, P. O. Box 2217, Hagerstown, commented on the City and County's efforts to assist homelessness in the community. CONVENE IN CLOSED SESSION Commissioner Myers, seconded by Barr, moved to convene in closed session at 5:04 p.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, and/or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; to discuss other personnel matters that affect one or more specific individuals; 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 3-305(b) (1) and (4) of the General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed the potential appointment of a specific individual to a local commission over which the Commissioners have appointment authority; discussed the specifics of a business entity's proposal to locate its new business August 4, 2015 Page 12 operations in the County; discussed an ongoing individual personnel matter with County staff, and discussed a specific County personnel recommendation/employment matter with County staff. During closed session, the Commissioners instructed staff to bring forth the potential appointment to a local commission over which the Commissioners have appointment authority for further consideration and discussion and a possible vote during a future open session meeting; instructed staff to continue to work closely with a business entity hoping to locate its business operations in the County; provided specific direction to staff regarding an ongoing personnel matter; and provided specific direction to County staff and the County Administrator regarding a specific County employee matter/personnel recommendation. Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline, John F. Barr, LeRoy E. Myers, Jr. and Vincent G. Spong. Also present were Gregory Murray, County Administrator; Sarah Sprecher, Assistant County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney; Kirk C. Downey, Deputy County Attorney; and at various times Debra Peyton, Benefits Administrator, Health and Human Services; Dan DiVito, Deputy Director, Water Quality, and Kassie Lewis, Director, Business Development. ADJOURNMENT Commissioner Myers, seconded by Cline, moved to adjourn at 5:33 p.m. The motion passed unanimously. G ory B. urray, COLI[ y Administrator John M. Martirano, County Attome Vicki C. Lumm, County Clerk