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HomeMy WebLinkAbout09.01.2015 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland September 1, 2015 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 President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland, to order at 1:09 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. APPROVAL OF MINUTES —AUGUST 25, 2015 Commissioner Barr, seconded by Cline, moved to approve the minutes of August 25, 2015. The motion passed unanimously. REPORTS FROM COUNTY STAFF Health and Human Services — Excess Workers Compensation Tracy McCammon, Risk Administrator, Health and Human Services, referred to the 2015- 2016 Excess Workers Compensation Insurance renewal approved during the August 25, 2015 Commissioners' meeting for $87,710. She indicated that a subsequent email received from AON Risk Solutions stated that National Casualty Corporation is willing to extend that same rate for a second year. Commissioner Myers discussed the proposal and suggested contacting other counties to obtain information on locking in rates for another year. Commissioner Barr stated that he would contact the Maryland Association of Counties (MACo) for its opinion. It was the consensus of the Commissioners to review the information gathered and discuss the matter for a possible vote during their evening meeting in Sharpsburg. Health and Human Services — Advertise to Fill Positions Stephanie Stone, Director, Health and Human Services, requested approval to advertise and fill a full-time, Grade 11, Step 1, Comprehensive Planner position at Planning and Zoning. The position is to be advertised both internally and externally. Stephen Goodrich, Director, Planning and Zoning, discussed the position requirements. Commissioner Barr, seconded by Myers, moved to approve the personnel request as presented. The motion passed unanimously. Ms. Stone also requested approval to advertise and fill a full-time, Grade 6, Step 1, Office Associate position at Water Quality. The position is to be advertised internally for five days and then externally if necessary. Commissioner Barr, seconded by Cline, moved to approve the personnel request as presented. The motion passed unanimously. September 1, 2015 Page 2 Ms. Stone and Ron Whitt, Director, Information Systems, requested approval to hire Mark Mades for the full-time, Grade 17, Step 1, Deputy Director of Wireless Communications position due to an upcoming retirement. Commissioner Cline, seconded by Barr, moved to approve the personnel request as presented. The motion passed unanimously. Emeri!encv Services — Emeri!encv Preparedness Month Kevin Lewis, Director, Emergency Services, announced that the month of September is recognized nationally as Emergency Preparedness Month. He indicated that locally, the Remembrance in the Park tribute would be held September 8 at Hagerstown City Park to honor emergency and law enforcement personnel, citizen volunteers, individuals who currently serve in the military, and those who have lost their lives in the line of duty. He advised that an Emergency Preparedness event for citizens would be held September 19 at the Lowe's Distribution Center on Wesel Boulevard. En2ineerinLr and Construction Management Rob Slocum, Director, Engineering and Construction Management, advised that staff is addressing road improvements needed in the Woodside Development. He also advised that Robinwood Drive area is now open with only some minor work remaining. He reminded pedestrians that they should cross at designated crossing areas at the new roundabout at Hagerstown Community College. Mr. Slocum referenced the just completed pedestrian safety study and audit of U.S. 40 -Dual Highway area that suggests pedestrian education and various sidewalk and road improvements that could be done in that area. He also indicated that improvements to Permitting facilities at 80 West Baltimore Street are now complete. Countv Clerk — Appointments to Boards and Commissions PenMar Development Comoration Commissioner Barr, seconded by Myers, moved to appoint Tom Riford to serve a first, four-year term on the PenMar Development Corporation through June 30, 2019. The motion passed unanimously. Countv Administrator County Administrator Greg Murray discussed the recent Maryland Association of Counties (MACo) Summer Conference and the positive comments received from attendees regarding the County's booth and marketing efforts for the Hagerstown Regional Airport. He also reported positive comments from citizens regarding County staff's assistance with projects. WINEBRENNER WASTEWATER TREATMENT PLANT UPGRADE — CHANGE ORDER REOUEST Mark Bradshaw, Deputy Director, Water Quality, requested approval of Change Order #2 to HRI Bridge Company, Inc. for $40,436.50. He indicated that during enhanced nutrient removal upgrades being made to the Winebrenner Wastewater Treatment Plant, it was September 1, 2015 Page 3 discovered that the roof on the chemical building was leaking into the chemical storage room where the new Ultraviolet Motor Control Center is to be installed. After examination of the roof, it was determined that it had exceeded its life expectancy and needed replacing at the associated cost change of $20,011. Mr. Bradshaw described several other proposed changes to the original contract that include simplifying the overall control system of the BioMag equipment installation for a decrease of $2,065; having the contractor install a rollup door for an equipment storage room at the cost of $10,299; a value engineering proposal by the contractor regarding the supply of potable water that would save $12,337.50; upsizing the horsepower on new blowers at the cost of $22,067; and eliminating unnecessary seal water to proposed sludge loading pumps at a cost savings of $5,482. The Commissioners discussed the project and Commissioner Myers requested additional information on the roof replacement. Commissioner Myers, seconded by Spong, moved to approve Change Order #2 to HRI Bridge Company, Inc. for $40,436.50 as presented. The motion passed unanimously. PROCLAMATION - DISABLED AMERICAN VETERANS "FORGET-ME-NOT" MONTH The Commissioners presented a proclamation to Commander D.P. Fairman and Senior Vice Commander J. R. Arnold of Chapter 14 of the Disabled American Veterans in recognition of "Forget -Me -Not Month." Mr. Arnold noted that all monies collected at various locations in the community go toward local veterans' needs. The men discussed several projects including the Fisher House and the VetDogs program at local prisons helped by the organization. The Commissioners commended the group for its service to the community. RURAL BUSINESS COMPREHENSIVE REZONING - RZ-14-002 Deputy County Attorney Kirk C. Downey presented proposed Ordinances and the Decision, including Findings of Fact, for Case No. RZ-14-002, an application for Map and Text Amendments by the Washington County Department of Planning and Zoning relating to the Rural Business Districts of the Washington County Zoning Ordinance. The proposed text and map amendments would repeal in its entirety Article 5E -Rural Business -Existing, and amend Article 5F -Rural Business -New to merge the two zoning districts into one new district called Rural Business; amend the definitions of Home Occupation and Resident Business; and amend the Zoning Map. The County Commissioners held a public hearing August 25, 2015 on the requested amendment. Following the public hearing, the Commissioners reached a consensus to approve the requested rezoning. Commissioner Cline, seconded by Spong, moved to adopt the ordinances approving the map and text amendments for RZ-14-002 and the Decision and Findings of Fact as presented. The motion passed unanimously. (Ordinances No. ORD -15-20 and ORD -15-21 are located in the County Commissioners' Office.) September 1, 2015 Page 4 APPLICATION FOR MAP AMENDMENT — RZ-15-001 Deputy County Attorney Downey presented a proposed Ordinance and Decision, including Findings of Fact, for Rezoning Case No. RZ-15-001. Applicant MB Realty Group 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). The County Commissioners held a public hearing August 4, 2015 after which they reached a consensus to support the findings of the Planning Commission that found there was insufficient justification to recommend approval of the request. The Commissioners discussed their reasons for denying the requested rezoning. Commissioner Cline, seconded by Barr, moved to deny the requested rezoning in Case No. RZ-15-001 and adopt the Decision and Findings of Fact as prepared in support of the denial. The motion passed with Commissioners Cline, Barr, Spong and Baker voting "AYE" and Commissioner Myers "ABSTAIN." (The Decision and Findings of Fact is attached to these minutes.) CITIZENS' PARTICIPATION No citizens were present who wished to participate. CONVENE IN CLOSED SESSION Commissioner Myers, seconded by Barr, moved to convene in closed session at 2:04 p.m. to consult with staff, consultants or other individuals about pending or potential litigation, in accordance with Section 3-305(b) (8) of the General Provisions Article_ of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed the specifics of an ongoing contractual matter and potential litigation related thereto. During closed session, the Commissioners instructed staff to meet directly with the other party regarding an ongoing contractual matter and the possibility of future legal action related thereto. 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 Julie Pippel, Director, Environmental Management. RECONVENE IN OPEN SESSION Commissioner Myers, seconded by Barr, moved to reconvene in open session at 2:52 p.m. The motion passed unanimously. RECESS The County Commissioners recessed at 2:52 p.m. September 1, 2015 Page 5 EVENING MEETING — TOWN OF SHARPSBURG The evening session of the regular meeting of Board of County Commissioners of Washington County, Maryland, was held at Sharpsburg Town Hall, 106 East Main Street, Sharpsburg. 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 President Terry L. Baker called the meeting to order at 7:00 p.m. with the following members present: Vice President Jeffrey A. Cline and Commissioners John F. Barr, LeRoy E. Myers, Jr. and Vincent G. Spong. COMMISSIONERS REPORTS AND COMMENTS Commissioner Cline thanked the town for the warm welcome. He reported attending a fundraiser for "Brook's House" that will assist individuals struggling with drug addiction. He attended "Everybody's Day" at PenMar Park and recognized the late Jim Powers who organized it for years with his wife, Fay. Mr. Cline attended funeral services for J.R. Harrison, a local paramedic who volunteered at Community Rescue Service in Washington County. Commissioner Spong reported that his family history includes a relative who operated a canal boat on the C&O Canal. He reported attending meetings of the Hancock Mayor and Council and the Hagerstown -Eastern Panhandle Metropolitan Planning Organization (MPO). The MPO has compiled a pedestrian safety study and audit of U.S. 40 -Dual Highway area that proposes safety improvements to that area. Mr. Spong attended a picnic sponsored by Commissioner Cline at the Potomac Fish and Game Club. Commissioner Myers thanked all for sympathies expressed during the death of his father, LeRoy Ellsworth Myers, Sr. He noted that his father was born in Sharpsburg and many years ago reconstructed the stone arch Conococheague Bridge at Wilson when it was recommended to be demolished. Commissioner Barr thanked all for the support shown during the passing of Mr. Myers, who was his father-in-law. Commissioner Baker thanked the Town for hosting the Commissioners' meeting. He reported attending "Homes for Our Troops" events in Clear Spring and Smithsburg. He attended picnics hosted by Commissioner Cline and the Republican Club. Commissioner Baker indicated that the Commissioners have discussed starting their regular meetings earlier than 1:00 p.m. It was their consensus to do so when necessary. September 1, 2015 Page 6 MAYOR AND COUNCIL COMMENTS Council member Russ Weaver expressed the need for increased police protection in the town and assistance with speeding traffic on Main Street especially in the school zone. Mayor Hal Spielman questioned the formula used for the disbursement of Hotel Rental Tax Fund monies to municipalities. Council member Weaver requested input for the future use and development of the former American Legion building purchased last year by the town. He indicated that he has been working with Stephen Goodrich and Jill Baker in the County's Department of Planning and Zoning and would be meeting with individuals in the Department of Business Development regarding the property. Mayor Spielman and Council member Weaver requested information on the town's past receipt of some type of funds to pay for a Sheriff s deputy shared by Keedysville and Sharpsburg that was discontinued. Assistant County Administrator Sarah Sprecher will research the matter and provide information to the town. Mayor Spielman discussed a recent notice from the State requiring mandatory recycling at events attended by over 200 persons. Council member Weaver requested to be kept informed of plans for the new Sharpsburg Elementary School and any new traffic patterns planned in that area. REPORTS FROM COUNTY STAFF Excess Workers Comaensation Second Year Rate Sarah Sprecher, Assistant County Administrator, referred to the matter discussed during the Commissioners' afternoon meeting to extend for a second year the County's Excess Workers Compensation insurance with National Casualty Corporation at the rate of $87,710. Commissioner Myers discussed information he found concerning the two-year rate offer and recommended its acceptance. Commissioner Barr advised that he consulted the Director of MACo who informed him that it prefers locking in the rate for an additional year. Commissioner Myers, seconded by Barr, moved to extend the current policy with National Casualty Corporation at the quoted premium of $87,710 for the 2016-2017 year. The motion passed unanimously. Assistant Countv Administrator Sarah Sprecher, Assistant County Administrator, advised that the County partners with others in the community to advise citizens about County services and events. She distributed information on the Remembrance in the Park Tribute in Hagerstown City Park on September 8, the Comprehensive Plan meeting at the Washington County Free Library where Planning and Zoning staff will be explaining the process on September 10, a Children's Halloween -themed event at the Agricultural Education Center on October 23, and the Wings and Wheels Expo at the Hagerstown Regional Airport on October 3. September 1, 2015 Page 7 CITIZENS PARTICIPATION Oscar Evans, 16943 Sprecher Road, Sharpsburg, commented on contacting the County Commissioners regarding issues and how road repair funds are being spent. He expressed concern with drugs in Washington County and his opposition to allowing cannabis - growing facilities in Maryland/Washington County. Mr. Evans discussed the shutdown of the Fairplay Fire Company. Danny Rohrer, 6853 Willow Road, Boonsboro, expressed concerns about the Humane Society of Washington County. ADJOURNMENT Commissioner Myers, seconded by Barr, moved to adjourn at 8:11 p.m. The motion passed unanimously. ,4617 Gregory B. urray, C unty Administrator k(V� John M. Martirano, County Attor� I '0— . Vicki C. Lumm, County Clerk