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HomeMy WebLinkAbout10.06.2015 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland October 6, 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 10:16 a.m. at 100 West Washington Street, Room 227, with the following members present: Vice President Jeffrey A. Cline and Commissioners John F. Barr and Vincent G. Spong. Commissioner LeRoy E. Myers, Jr. was absent. APPROVAL OF MINUTES — SEPTEMBER 29, 2015 Commissioner Barr, seconded by Spong, moved to approve the minutes of September 29, 2015. The motion passed unanimously. (4-0, Commissioner Myers was absent.) REPORTS FROM COUNTY STAFF Eneineerine and Construction Management —13529 Sariees Road Property Susan Small, Real Property Administrator, referred to the Commissioners' decision during their September 29 meeting to declare improved real property located at 13529 Spriggs Road surplus property and advertise it for sale. She indicated that Habitat for Humanity has tentatively offered $26,000 for the property currently assessed at $140,000. The Commissioners discussed the offer noting that a nearby vacant lot was previously conveyed by the County to Habitat for 40% of its assessed value or $24,120. The Commissioners reached a consensus to place the property on the market as previously decided. Health and Human Services — Advertise to Fill Position Debra Peyton, Benefits Administrator, Health and Human Services, requested approval to advertise and fill two full-time, Grade 10, Step 1, 9-1-1 Emergency Call Taker positions in Emergency Management Department. The Commissioners discussed the relatively high turnover of 9-1-1 Call Takers with Alan Crawford, Deputy Director, Emergency Communications. He discussed various reasons that may be related to salary and work hours. The Commissioners expressed their desire to address the issue through salary reviews during the Fiscal Year 2017 budget discussions. Commissioner Barr, seconded by Cline, moved to approve the personnel requests as presented. The motion passed unanimously. (4-0, Commissioner Myers was absent.) Enidneerin2 and Construction Manaeement Rob Slocum, Director, Engineering and Construction Management, reminded all of the Maryland Department of Transportation's annual public meeting in Washington County to discuss transportation priorities to be held at the Washington County Free Library on October 6, 2015 Page 2 Thursday, October 8 at 10:00 a.m. He discussed the Americans with Disabilities Act (ADA) related improvements being made to the County Administration Building that include first floor public restrooms and a rear ramp access to the building. Mr. Slocum noted that the new Senior Center would exceed ADA parking requirements by 50%. PROCLAMATION - DISABILITIES AWARENESS MONTH The Commissioners presented a proclamation to Peggy Martin, Chair, Disabilities Advisory Committee, in recognition of Disabilities Awareness Month observed in October. Ms. Martin discussed the second annual Disability Awareness Fair on October 26 sponsored by Meritus Medical that includes a town hall meeting and visit by State Department of Disabilities Secretary Carol Beatty. The Commissioners thanked Ms. Martin and the County's Disabilities Advisory Committee for their work regarding disability issues in the community. HAMMOND CONSERVATION RESERVE ENHANCEMENT PROGRAM EASEMENT Chris Boggs, Land Preservation Planner, Planning and Zoning, recommended approval of the David K. and Karen Hammond Conservation Reserve Enhancement Program (CREP) Project of $247,089.25 for 73.41 total easement acres. Mr. Boggs advised that Washington County has been funded to purchase CREP easements on 580 acres of land. CREP funds are 100% State -paid and derived mainly from Program Open Space funds. The program serves to protect water quality by removing marginal agricultural land from production and replacing it with best management practices. The Commissioners discussed the proposal. Commissioner Cline, seconded by Spong, moved to approve the Hammond Conservation Reserve Enhancement Program Project of $247,089.25 as presented, adopt an ordinance approving the purchase of the easement, and authorize the execution of all documents as may be required to effectuate the purchase. The motion passed unanimously. (4-0, Commissioner Myers was absent.) (Ordinance No. ORD -2015-26 is located in the County Commissioners' Office.) RECESS The Commissioners recessed at 12:15 p.m. to attend a tour and luncheon with CASA (Citizens Assisting and Sheltering the Abused.) AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:45 p.m. with the following members present: Commissioners Jeffrey A. Cline, John F. Barr and Vincent G. Spong. Commissioner Myers was absent. DISCUSSION OF BOARD OF EDUCATION'S FISCAL YEAR 2015 FOURTH QUARTER BUDGET TRANSFER REOUEST County Administrator Greg Murray initiated further discussion of the September 15 request by the Washington County Board of Education (BOE) to approve its Fiscal Year 2015 Fourth Quarter Budget Transfer that showed a net change in fund balance of October 6, 2015 Page 3 $4,409,139. He indicated that due to it being a year-end request, that amount would go into the BOE's undesignated fund balance. Commissioner Spong asked why the $1.3 million funds listed for unused instructional textbooks and supplies in the fourth quarter request were not spent. Chris South, Chief Financial Officer, Washington County Public Schools (WCPS), responded that the amount was deferred due to the timing of hiring Dr. Peggy Pugh as its new Chief Academic Officer. It was determined at that time that the funding would be deferred into the coming year for Dr. Pugh's team to discuss its use, including adopting a new technology plan relating to online textbooks, now scheduled to be voted on by the BOE in December. Commissioner Spong discussed calls he received from teachers not having enough materials for their classrooms. He requested an organizational chart from WCPS. Commissioner Barr requested the definition of Fixed Charges in the budget transfer request. Mr. South replied that they include majority benefits charges, social security, pension, medical, dental, and tuition reimbursements; basically employee benefits. Commissioner Cline, seconded by Spong, moved to deny the fourth quarter budget transfer request and further that the fund balances are not to be used for school construction projects until approved by the Board of County Commissioners during the budget process. The Commissioners discussed the motion in relation to the definition of school construction projects. Commissioner Cline stated that his motion comprises any project, including the Academic Hub Project. The motion passed with Commissioners Cline, Spong and Baker voting "AYE" and Commissioner Barr "ABSTAIN." (Commissioner Myers was absent.) Greg Murray questioned the benchmark used by the BOE when determining that its budget is passed. Mr. South indicated that whatever amount is included for the BOE in the County's approved budget is assumed as its approved budget. FISCAL YEAR 2017 STATE AID FOR POLICE PROTECTION GRANT Jim Hovis, Director, Community Grant Management, and Sara Greaves, Deputy Director, Budget and Finance, requested approval to submit a grant application to the Governor's Office of Crime Control and Prevention for Fiscal Year 2017 for an estimated $700,000 and accept the awarded funding. Mr. Hovis advised that the funding provides support for law enforcement and is intended to be used exclusively to provide adequate police protection in the subdivision and qualifying municipalities of Maryland. No County funds are involved in the award. Ms. Greaves noted that this funding request is presented each year and is included in the County's operating budget. Commissioner Barr, seconded by Spong, moved to submit the grant application to the Governor's Office of Crime Control and Prevention for Fiscal Year 2017 and accept the awarded funding as presented. The motion passed unanimously. (4-0, Commissioner Myers was absent.) October 6, 2015 Page 4 AGRICULTURAL CONSERVATION EASEMENT PROGRAM GRANT Jim Hovis and Eric Seifarth, Rural Preservation Administrator, Planning and Zoning, requested approval to accept funds of $760,000 from the Maryland Department of Natural Resources for the Fiscal Year 2016 Agricultural Conservation Easement Program (ACEP). Mr. Hovis discussed the new program that would allow Washington County to purchase agricultural land easements that limit future development from landowners with exceptional agricultural, environmental and historic features. The County plans to apply the funding toward its goal of preserving 50,000 acres in the Rural Legacy Area. Mr. Seifaith indicated that there is a 50% match requirement to receive the funds, which will be derived from landowner donations and Rural Legacy Program funding. He also noted that $300 per year would be expended from the Department of Planning and Zoning's budget for eight hours of inspections. Mr. Seifarth stated that there are currently over 28,000 acres in Washington County protected under the program. Commissioner Cline, seconded by Barr, moved to accept funds of $760,000 from the Maryland Department of Natural Resources for the Fiscal Year 2016 Agricultural Conservation Easement Program as presented. The motion passed unanimously. (4-0, Commissioner Myers was absent.) WASHINGTON COUNTY FARM OF THE YEAR AWARD Leslie Hart, Agricultural Marketing Specialist, Department of Business Development, announced Larkspur Lane Farm as the recipient of the 2015 Washington County Farm of the Year award. Ms. Hart noted that winning farms showcase excellence in agriculture and promote a greater understanding of the challenges faced by today's farmers. Farms are judged on production, conservation, preservation, community involvement, and agricultural heritage. Larkspur Lane Farm owners Jeffrey and Laura Unsworth raise Ole Line Soays, a rare breed of British Soay Sheep. The farm also serves as a home to the Brave HEART Program (Heroes Equine Adventure and Riding Therapy); created by the owners, that hosts visits by Wounded Warrior families. The owners received a plaque of recognition and an outdoor sign recognizing the accomplishment. COMMUNITY COALITION UPDATE AND DISCUSSION Paul Frey, Director, Hagerstown/Washington County Convention and Visitors' Bureau, provided updates on 2015 Coalition Agenda initiatives. Items under the category of Transportation included the widening of Interstate 81 and the expansion of the Professional Boulevard Bridge/Road. Mr. Frey noted recent visits by State Transportation Secretary Pete Rahn and Budget and Management Secretary David Brinkley where the items received attention. Economic Development/Tourism items included improvements to the Williamsport C&O Canal and Aqueduct that recently received over $6.5 million in funding from the State Transportation Alternatives Program (TAP), and the change of liquor laws approved in July for Designated Downtown Festival Areas. He credited the Coalition's Lobbyist John Favazza for authoring the language in the initiative. Under the category of Community Development, funding of $175,000 was secured for the Maryland Theatre. Mr. Frey stated that Delegate Brett Wilson plans to introduce enabling legislation for a City October 6, 2015 Page 5 Revitalization and Improvement Zone (CRIZ) to promote redevelopment efforts. He requested input from the Commissioners as to any legislative initiatives that need addressed by the Coalition during the 2016 legislative session. He indicated that Coalition members would be appearing before the Commissioners in the near future to discuss initiatives and request that the Commissioners join the partnership and contribute funding. CITIZENS' PARTICIPATION There were no citizens present who wished to participate. CONVENE IN CLOSED SESSION Commissioner Barr, seconded by Cline, moved to convene in closed session at 3:10 p.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; or any other personnel matter that affects one of more specific individuals, in accordance with Section 3-305(b) (1) of the General Provisions Article of the Annotated Code of Maryland. County Attorney John Martirano informed the Commissioners of two additional reasons for closed session; "to consult with counsel to obtain legal advice on a legal matter; and to consult with staff, consultants, or other individuals about pending or potential litigation" in accordance with Section 3-305(b) (7) and (8) of the General Provisions Article of the Annotated Code of Maryland. Commissioner Barr agreed to revise his motion to add the additional reasons for closed session and Commissioner Cline seconded the revised motion. The motion passed unanimously. (4-0, Commissioner Myers was absent.) In closed session, the Commissioners discussed the potential appointment of a specific individual to an advisory committee over which the Commissioners have appointment authority; discussed the potential appointment/reappointment of specific individuals to a commission over which the Commissioners have appointment authority; discussed a specific County personnel matter with legal counsel and staff, and discussed specific legal issues relating to an ongoing litigation matter with legal counsel and staff. During closed session, the Commissioners instructed staff to bring forth the potential appointment to an advisory committee 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 contact current commission members regarding whether they would be interested in being reappointed and to bring the matter back to the Commissioners at a later date; provided specific instruction to staff regarding an ongoing personnel matter; and provided specific direction to counsel relating to pending litigation. Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline, John F. Barr and Vincent G. Spong. Also present were Gregory Murray, County Administrator; Sarah Sprecher, Assistant County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney; and at various times Kirk C. Downey, Deputy County October 6, 2015 Page 6 Attorney, Kendall McPeak, Assistant County Attorney; Jamie Dick, Director, Recreation and Fitness; Debra Peyton, Benefits Administrator, Health and Human Services; and Attorney Albert B. Randall. ADJOURNMENT Commissioner Cline, seconded by Spong, moved to adjourn at 4:45 p.m. The motion passed unanimously. �Gre or BMurra , ounty Administrator John Nt: Martirano, County Attorn Vicki C. Lumm, County Clerk