The URL can be used to link to this page

Home My WebLink About12.01.2015 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland December 1, 2015 President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland, to order at 2:02 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. CONVENE IN CLOSED SESSION Commissioner Myers, seconded by Spong, moved to convene in closed session at 2:02 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. The motion passed unanimously. In closed session, the Commissioners discussed the potential appointment of a specific individual to a board position over which the Commissioners have appointment authority; and discussed several specific County personnel recommendations/employment matters with County staff. During closed session, the Commissioners instructed staff to bring forth the potential appointment to a board over which the Commissioners have appointment authority for further consideration and discussion and a possible vote during the open session portion of today's meeting; and provided specific direction to County staff regarding several County personnel recommendations/employment matters. 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; and at various times Jim Sterling, Director, Public Works; Stephanie Stone, Director, Health and Human Services; and Ed Plank, Director, Highway Department. RECONVENE IN OPEN SESSION Commissioner Myers, seconded by Spong, moved to reconvene in open session at 2:16 p.m. The motion passed unanimously. APPROVAL OF MINUTES — NOVEMBER 17, 2015 Commissioner Myers, seconded by Cline, moved to approve the minutes of November 17, 2015. The motion passed unanimously. December 1, 2015 Page 2 COMMISSIONERS' REPORTS AND COMMENTS Commissioner Cline thanked the Commissioners and staff for condolences offered on the passing of his mother, Elaine Cline. Commissioner Spong attended the Heart of the Civil War Heritage Area ten-year anniversary celebration. He also attended the retirement dinner for Department of Social Services (DSS) Director Dave Engle. Commissioner Myers had no report. Commissioner Barr extended a thank you for jobs well done by DSS Director Dave Engle and Executive Assistant Martha West, who are both retiring at the end of this year. He thanked DSS for hosting a luncheon today for the Commissioners that included individuals speaking on successful DSS programs. Mr. Barr reported attending the Maryland Association of Counties' (MACo) Fall Conference. He stated that he is looking forward to being sworn in as President of MACo next week during the Winter Conference. Commissioner Baker noted the recent passing of Sarah Dwyer, who served as the first female County Commissioner after the death of her husband, Commissioner William Dwyer. Ms. Dwyer stepped in to fulfill her husband's term of office in 1978. She was also the mother of Circuit Court Judge Daniel Dwyer. REPORTS FROM COUNTY STAFF Health and Human Services — Advertise to Fill Position Ms. Stone requested permission to advertise to hire a Utility Construction Inspector at the Water Quality -Engineering Services Department at Grade 11, Step 1, due to the promotion of a previous employee. The position would be advertised both internally and externally. Commissioner Cline, seconded by Myers, moved to approve the personnel request as presented. The motion passed unanimously. Countv Clerk — Appointments to Countv Boards/Commissions Washington County Planning Commission Commissioner Barr, seconded by Myers, moved to appoint Jeremiah Weddle to serve an unfulfilled term through May 31, 2016 on the Washington County Planning Commission. The motion passed unanimously. Washington County Public Golf Corporation Commissioner Spong, seconded by Cline, moved to appoint Jonny Barr to serve a first, three-year term from January 1, 2016 through December 31, 2018 on the Washington County Public Golf Corporation Board. The motion passed with Commissioners Spong, Cline, Myers and Baker voting "AYE" and Commissioner Barr "ABSTAIN." December 1, 2015 Page 3 CITIZENS' PARTICIPATION Hagerstown City Councilmember Penny Nigh commented on the proposed Academic Hub and her desire that all entities work together to move the project forward. 27TH ANNUAL MEMORIAL ILLUMINATION AT THE ANTIETAM NATIONAL BATTLEFIELD Georgene Charles, founder of the Antietam National Battlefield Memorial Illumination, provided information on the 27th annual event on December 7 and its positive impact on the community. Ms. Charles recognized the 403,000 volunteer hours performed by over 1,500 individuals that equates to over $8.9 million of in-kind services. She thanked Don Bowman for donating three container trailers for the event each year since its inception. She noted that a professional drone company is providing donated video/photo services during the ceremonies. Ms. Charles added that members of Buglers Across America would be playing echo taps for the first time during the event. The Illumination has also been selected as one of premier events to be focused on by the National Parks Service during its centennial year celebration this coming year. The Commissioners praised Ms. Charles and the volunteers for their important work done to make the Illumination a success for so many years. PUBLIC HEARING — REPEAL. ENACTMENT AND ADOPTION OF 2015 INTERNATIONAL BUILDING/TRADE CODES UPDATE President Baker convened a public hearing at 3:06 p.m. to obtain public comment regarding the proposed repeal, enactment and adoption of building/trade codes, and local amendments. Rob Slocum, Director/Code Official, and Rich Eichelberger, Deputy Director/Deputy Code Official, Engineering and Construction Management, discussed the code adoption required by Maryland law that includes the Maryland Building Performance Standards, (i.e., the 2015 International Building Code, the 2015 International Residential Code, and the 2015 International Energy Conservation Code) and related trade codes, all with local amendments for Washington County. Local amendments allow for some modification to the new codes for consistency and coordination with customers and external agencies. The proposal includes the following: • An Ordinance to Adopt the 2015 Maryland Building Performance Standards as Adopted by the State of Maryland (COMAR 05.02.07) with Modifications, and Subject to Local Amendments for Washington County, Maryland; • An Ordinance to Adopt and Enact the International Existing Building Code, 2015 Edition; • An Ordinance to Repeal the 2012 International Plumbing Code and Enact the International Plumbing Code, 2015 Edition; • An Ordinance to Repeal the International Mechanical Code, 2012 Edition, and Enact the International Plumbing Code, 2015 Edition; • An Ordinance to Repeal the 2012 International Fuel Gas Code and Enact the International Fuel Gas Code, 2015 Edition; December 1, 2015 Page 4 • An Ordinance to Repeal the 2011 National Electrical Code with Local Amendments and Enact the 2014 Edition of the National Electrical Code; • An Ordinance to Amend an Ordinance Entitled "An Ordinance to Adopt the 2006 ICC Electrical Code -Administrative Provisions, First Printing, with Local Amendments for Washington County, Maryland; • An Ordinance to Adopt Fee Schedules Providing for the Collection of Fees for All Building/Trade Work Performed in Washington County, Maryland; and • A Resolution Adopting Fee Schedule for Civil Citations and Repealing Resolution No. RS -2012-10. Mr. Slocum distributed two letters commenting on the proposed amendments from Colin Williams of Mountain View Solar, 11500 Valley Road, Berkeley Springs, West Virginia (Exhibit #1), and R. Matt and Mary Harsh, 78 Acres, LLC, 23340 Fruit Tree Drive, Smithsburg, Maryland (Exhibit #2.) The hearing was opened for public comment and seven individuals offered comments. John Christensen, 512 Stoney Lick Road, Martinsburg, West Virginia, representing Mountain View Solar, Berkeley Springs, West Virginia, read the comments contained in Exhibit #1 above that were against the three-foot setback requirement for solar panels to be installed on residential roofs. Ron Brais, 15740 Falling Waters Road, Williamsport, Maryland, owner of R&R Communications, commented against the three-foot setback requirement for solar panels to be installed on residential roofs. Chris Voutrin, 16532 Fairview Road, Hagerstown, Maryland, Senior Solar Engineer for Solar City, commented against the three-foot setback requirement for solar panels to be installed on residential roofs (Exhibit #3.) Tom Brudenelle, 5049 Smith Road, Rohrersvillle, Maryland, commented against the three- foot setback requirement for solar panels to be installed on residential roofs (Exhibit #4.) Dennis Shaw, 12364 Harvey Road, Clear Spring, Maryland, commented against the three- foot setback requirement for solar panels to be installed on residential roofs (Exhibit 95.) Michael Roehm, 16505 Virginia Avenue, Hagerstown, Maryland, commented against the three-foot setback requirement for solar panels to be installed on residential roofs. Charles Shindle, 11020 Coffman Avenue, Hagerstown, Maryland, a local firefighter, commented that firefighters need adequate access to roofs to fight fires. December 1, 2015 Page 5 The hearing was opened for questions from the Commissioners. Commissioner Spong discussed the flip power switch recommended for houses having solar power that can cut off power in the event of an emergency. Commissioner Baker questioned the setback requirements for residential houses in Montgomery and Prince George's counties. Commissioner Myers discussed steep roofs and metal roofs. Commissioner Barr commented that solar panels are usually installed on only one side of residential roofs. Dan Hoang, Fire Protection Engineer, Maryland State Police, 18345 Colonel H.K. Douglas Drive, Hagerstown, Maryland, commented that the individuals that write the code know all the background information and if there were a problem with the three-foot setback, it would be addressed in subsequent code amendments. The Public Hearing was closed at 3:53 p.m. The matter will be discussed during the County Commissioners next meeting. AMENDMENT NO. I TO THE AMENDED AND RESTATED EMPLOYEES' RETIREMENT PLAN OF WASHINGTON COUNTY Stephanie Stone, Director, Health and Human Resources, presented information on a proposal to adopt a resolution adopting Amendment No. 1 to the Amended and Restated Employees' Retirement Plan of Washington County, adopted on October 27, 2015 (Plan.) Ms. Stone indicated that Amendment No. 1 clarifies language to reflect the Plan's administrative practices and procedures that were consistently utilized and communicated to participants regarding the operation of the Deferred Retirement Option Plan (DROP.) Commissioner Myers, seconded by Spong, moved to adopt a resolution adopting Amendment No. 1 to the Amended and Restated Employees' Retirement Plan of Washington County as presented. The motion passed unanimously. (Resolution No. RS -2015-22 is located in the County Commissioners' Office.) ADJOURNMENT Commissioner Spong, seconded by Myers, moved to adjourn at 3:57 p.m. The motion passed unanimously. Greory B. M rray, Cou y Administrator J John M. Martirano, County Attorney C.. � _ Vicki C. Lumm, County Clerk