HomeMy WebLinkAbout12.15.2015 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
December 15, 2015
LEGISLATIVE FORUM WITH WASHINGTON COUNTY DELEGATION
The County Commissioners attended a pre -legislative meeting at 10:20 a.m. with
Washington County Delegation members Andrew Serafini, Neil Parrott, Michael McKay,
Brett Wilson, and William Wivell at the Hager Hall Conference and Event Center, 901
Dual Highway, Hagerstown. The Commissioners discussed proposed legislation initiatives
for the coming year, as follows:
1) Code of the Public Local Laws of Washington County, Marvland (CPLL,). Section
1-108 Process Revision — To be eligible to receive funding as part of the County's
annual budget process, a non-profit organization must be on a list as specified by
Section 1-108 of the CPLL. The process by which non-profit organizations may be
placed and maintained on the "1-108" needs to be clarified and amended to reflect
current practices and the County's budget and funding cycle.
2) Bttildlrl�_, Performance Standards (building and trade codes —The State mandates
that local jurisdictions update the Maryland Building Performance Standards
(building and trade codes) on a three-year cycle. This bill would authorize the
County to adopt the Standards codes on a six-year cycle.
3) Sewer Liens and Collections — The County experiences difficulty collecting
outstanding bills for sewer service when the property receives water service from a
different source. This bill would clarify that outstanding, long overdue water and
sewer bills could be collected in the same manner as taxes. They are already liens
upon the realty.
4) Fire, Rescue, and Ambulance Authoritv — The CPLL requires clarification to
acknowledge that the Board of County Commissioners is the ultimate authority
having jurisdiction over the provision of fire, rescue, and ambulance services in the
County.
5) Disabled Veterans Proverty Tax Credit —Disabled veterans are currently eligible for
a County real property tax credit only if they are 100% disabled. This legislation
would allow them to qualify for a County real property tax credit proportional to
their disability from 50%-100%.
The group also discussed the possibility of increased highway user funding from the State
and the relatively small percentage of vehicle emissions program fees received by counties.
Delegation members advised that they would be pursuing a revenue -neutral flat tax and a
review of school construction mandates that escalate the costs of new school construction.
RECESS
The County Commissioners recessed at 11:03 a.m.
December 15, 2015
Page 2
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 12:15 p.m. at 100 West
Washington Street, Room 225, 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 Barr, seconded by Myers moved to convene in closed session at 12:09 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; to consider a matter that concerns the proposal for
a business or industrial organization to locate, expand or remain in the State; to consider
the acquisition of real property for a public purpose and matters directly related; and to
consult with counsel to obtain legal advice on a legal matter, in accordance with Section 3-
305(b) (1), (3), (4) and (7) of the General Provisions Article of the Annotated Code of
Maryland. The motion passed unanimously.
In closed session, the Commissioners discussed several specific County personnel
recommendations/employment matters with County staff, considered specific details
regarding the potential acquisition of several parcels of real property located in the County
needed for public use; and discussed specific County personnel issues/staffing issues with
the County Administrator.
During closed session, the Commissioners provided specific direction to County staff
regarding several County personnel recommendations/employment matters; provided
direction regarding the potential acquisition of several parcels of real property needed for
public use, and provided instruction to the County Administrator regarding specific County
staffing issues moving forward.
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 Kirk C. Downey,
Deputy County Attorney; Stephanie Stone, Director, Health and Human Services; and Rob
Slocum, Director, Susan Small, Real Property Administrator, and Scott Hobbs, Deputy
Director, Engineering and Construction Management.
RECONVENE IN OPEN SESSION
Commissioner Spong, seconded by Myers, moved to reconvene in open session at 1:16
p.m. The motion passed unanimously.
December 15, 2015
Page 3
APPROVAL OF MINUTES — DECEMBER 1, 2015
Commissioner Barr, seconded by Myers, moved to approve the minutes of December 1,
2015. The motion passed unanimously.
PROPOSED REPEAL, ENACTMENT OR ADOPTION OF VARIOUS
ORDINANCES/RESOLUTIONS RELATING TO BUILDING/TRADE CODES
AND FEE SCHEDULES RELATING TO CIVIL CITATIONS AND THE
COLLECTION OF PERMIT FEES
Rob Slocum, Director, and Rich Eichelberger, Deputy Director, Engineering and
Construction Management, presented the proposal to repeal, enact and adopt the 2015
Building/Trade Codes and Fee Schedules Relating to Civil Citations and the Collection of
Permit Fees, as follows:
• Repeal the 2012 Maryland Building Performance Standards, with local
amendments (i.e., the International Building Code, with local amendments; the
International Residential Code, with local amendments; and the International
Energy Conservation Code, 2012 Editions);
• Enact the 2015 Maryland Building Performance Standards, with local amendments
(i.e., the International Building Code, the International Residential Code, the
International Energy Conservation Code, 2015 Editions);
• Enact the 2015 International Existing Building Code, with local amendments;
• Repeal the 2012 International Plumbing Code, with local amendments; the 2012
International Mechanical Code, with local amendments; and the 2012
International Fuel Gas Code, with local amendments;
• Enact the International Plumbing Code, 2015 Edition; the International
Mechanical Code, 2015 Edition; and the International Fuel Gas Code, 2015
Edition, all with local amendments;
• Repeal the 2011 National Electrical Code, with local amendments;
• Enact the 2014 National Electrical Code with local amendments;
• Adopt an amendment to Ordinance No. ORD -07-08 adopting the 2006 ICC
Electrical Code -Administrative Provisions, First Printing, with local amendments
and Repeal ORD No. ORD -2012-20;
• Adopt a Resolution Adopting Fee Schedule for Civil Citations and Repealing
Resolution No. RS -2012-10;
• Adopt an Ordinance entitled "An Ordinance to Adopt Fee Schedules Providing for
the Collection of Fees for all Building/Trade Work Performed in Washington
County, Maryland."
Mr. Slocum referenced the public hearing held by the County Commissioners on
December 1 to consider the repeal, enactment or adoption of the above -referenced codes,
ordinances or resolutions. Local amendments allow for some modification to the new
codes for consistency and coordination with customers and external agencies. He noted
certain modifications made by County staff to the provisions regarding solar panels due to
comments received during the public hearing.
December 15, 2015
Page 4
The Commissioners discussed the proposal and it was noted that detached structures such
as barns, sheds or carports are exempt from the policy. Commissioner Myers requested that
the Department of Permits and Inspections track permits for residential solar panels noting
any obstacles citizens might encounter.
Commissioner Cline, seconded by Myers, moved to adopt the building/trade codes, the
local amendments thereto as modified after the public hearing, and the associated
ordinances and resolution as presented. The motion passed unanimously. (Resolution No.
RS -2015-23 and Ordinances No. ORD -2015-27, 28, 29, 30, 31, 32, 33 and 34 are located
in the County Commissioners' Office.)
RECOGNITION OF PETER THOMAS
The Commissioners welcomed Peter Thomas, Director of the Western Maryland
Consortium, who will be retiring this year after 41 years of service to Washington County.
Mr. Thomas commented on the work done by the Consortium to provide training and job
opportunities to unemployed citizens. He introduced his successor, Dawn Hatzer, who will
be taking over the position on December 23. The Commissioners thanked Mr. Thomas for
his service and presented him a certificate of recognition.
BROWNSVILLE POND DISCUSSION
Delegate Neil Parrott presented options to repair/rebuild the Brownsville Pond (Pond) built
in 1956 by the Maryland Game and Fish Commission. It was partially drained in August
2012 due to safety concerns caused by severe erosion. Delegate Parrott discussed the use
of the Pond by the community and local fire companies to fill tanker trucks. He advised
that the latest cost estimate to reconstruct and refill the Pond is $375,000, with fifty percent
($187,500) to be paid by the DNR and the other fifty percent by Washington County. If the
Commissioners agree to commit the funds, the project could go out to bid by the end of the
year. The State would take over the ownership and future maintenance of the Pond and
would stock it with trout.
Oley Griffith, Chief, First Hose Fire Company of Boonsboro, commented on the
importance of the Pond to firefighters because it is the closest source to fill tanker trucks.
The Commissioners discussed the proposal. County Administrator Greg Murray indicated
that the funds could be taken from the County's Capital Reserve Fund.
Commissioner Cline, seconded by Spong, moved to approve the State of Maryland's
proposal to reconstruct and refill the Brownsville Pond for $375,000, with fifty percent
($187,500) paid by the DNR and the remaining fifty percent by Washington County using
its Capital Reserve Fund. Commissioner Myers discussed the chance of obtaining
additional funding from the State and the possibility that the engineer's estimate may come
in under $375,000. The motion passed unanimously.
December 15, 2015
Page 5
REPORTS FROM COUNTY STAFF
Health and Human Services — Advertise to Fill Position
Stephanie Stone, Director, Health and Human Services, requested approval to advertise
and fill a full-time, Grade 9, Step 1, Grant Analyst position in the Office of Community
Grant Management due to an upcoming employee retirement. The position would be
advertised internally and externally.
Commissioner Barr, seconded by Myers, moved to approve the personnel request as
presented. The motion passed unanimously.
Ms. Stone requested approval to advertise and fill a full-time, Grade 7, Step 1, Motor
Equipment Operator II position at the Highway Department. The position would be
advertised internally for five days, then externally.
Commissioner Barr, seconded by Cline, 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 7, Step 1, Plant
Operator Trainee in Water Quality. The position would be advertised internally for five
days, then externally.
Commissioner Cline, seconded by Barr, moved to approve the personnel request as
presented. Commissioner Spong discussed filling a subsequent position when the position
is filled from within. The motion passed unanimously.
Engineering and Construction Management — Ashton Road Bridge Repairs
Rob Slocum, Director, Engineering and Construction Management, distributed information
on immediate repairs planned for the Ashton Road Bridge due to erosion found through an
underwater bridge inspection. He advised that the County is receiving bids under
emergency conditions for the repair work. The bridge should reopen by February 2016.
INSURANCE RENEWAL — WASHINGTON COUNTY FIRE AND RESCUE
COMPANIES
Tracy McCammon, Risk Management Administrator, and Patrick Hancock, AON Risk
Solutions, discussed quoted premiums for Washington County Fire and Rescue Companies
commercial property, auto and casualty, and workers compensation insurance coverage.
VFIS Insurance Company's quoted premium for commercial property, auto and casualty
coverage is $530,313 and Chesapeake Employers Insurance Company's quoted premium
for workers compensation insurance is $724,557. Mr. Hancock indicated that the lower
premium quote from VFIS was due to the reduced amount of claims and the availability of
accurate data. He commended the County's staff, fire and rescue companies, and the
Washington County Volunteer Fire and Rescue Association for their part in keeping the
premium low.
December 15, 2015
Page 6
Commissioner Myers, seconded by Barr, moved to renew the commercial property, auto
and casualty package with VFIS Insurance Company at the quoted premium of $530,313
and workers compensation insurance with Chesapeake Employers Insurance Company at
the quoted premium of $724,557. The motion passed unanimously.
GOVERNOR'S OFFICE OF CRIME CONTROL AND PREVENTION - SAFE
STREET PROGRAM GRANT
Susan Buchanan, Senior Grant Manager, Community Grant Management, and Sheriff
Doug Mullendore, Sheriff's Department, requested permission to accept a $66,925 grant
award from the Governor's Office of Crime Control and Prevention (GOCCP) Safe Streets
Grant Program that would cover the cost of hiring one Deputy Sheriff and one Drug Re -
Entry Coordinator. Both are new positions created as a condition of the award. Ms.
Buchanan indicated that the no -match grant would require County funding to retain those
positions beyond June 30, 2017.
Sheriff Mullendore stressed the need for such programs due to increased heroin use and the
abuse of prescription drugs in the community and nationwide. He advised that the GOCCP
has assured him an additional year of funding through July 1, 2017. The Commissioners
discussed the loss of the funding after that date. The Sheriff indicated that he was
proposing to submit the positions for approval in the department's FY 2017 budget request
before the funding became available. He now plans to submit the positions for approval
during subsequent budget discussions so that the program may be continued. He discussed
the work being done by current narcotics investigators to analyze drug overdoses through
intelligence gathering methods and identify drug dealers for prosecution.
Commissioner Cline, seconded by Barr, moved to accept a $66,925 grant award from the
Governor's Office of Crime Control and Prevention Safe Streets Grant Program to cover
the cost of hiring one Deputy Sheriff and one Drug Re -Entry Coordinator as presented.
The motion passed unanimously.
FISCAL YEAR 2016 RESOURCE DEVELOPMENT GRANT
Stephanie Lapole, Grant Manager, Community Grant Management, requested permission
to accept a $25,000 grant award from the Governor's Office for Children to contract with a
consultant for data collection and analysis on each of the Governor's Four Strategic Goals.
Ms. Lapole advised that these goals concern disconnected youth; the impact of
incarceration on children, families and communities; youth homelessness; and childhood
hunger. A needs assessment must first be conducted to determine the needs of the
community and develop programs to impact these goals. No County funds are involved in
the award.
Commissioner Myers, seconded by Barr, moved to accept a $25,000 grant award from the
Governor's Office for Children to contract with a consultant for data collection and
analysis on each of the Governor's Four Strategic Goals as presented. The motion passed
unanimously.
December 15, 2015
Page 7
PUBLIC HEARING — NOT TO EXCEED $1.500.000 OF ECONOMIC
DEVELOPMENT REVENUE BONDS TO BE ISSUED BY THE MAYOR AND
COUNCIL OF BOONSBORO FOR THE BENEFIT OF THE HUMANE SOCIETY
OF WASHINGTON COUNTY. INCORPORATED AND PROPOSED
RESOLUTION
President Baker convened a public hearing at 2:39 p.m. to obtain public comment
regarding the proposal that the Town of Boonsboro be allowed to issue and sell its
economic development refunding revenue bonds (the "Bonds") in one or more series in an
aggregate principal amount not to exceed $1,500,000 for the benefit of the Humane
Society of Washington County, Incorporated, and to loan the proceeds from the sale of
such bonds to the Humane Society of Washington County, Incorporated (the "Borrower.")
Lindsey Rader, Bond Counsel, Funk and Bolton, indicated that the public hearing is
required by the federal tax code with respect to a Resolution pending before the Board of
County Commissioners of Washington County. The County would not be pledging its full
faith and credit or its taxing power toward payment of the bonds. The Town of Boonsboro
is able to act as "host" for the issuance despite the fact that the Borrower's facility is
located outside the Town's limits. The facility is located within the corporate boundaries of
the County. Ms. Rader indicated that the Town held a public hearing and adopted a
resolution relating to the proposed bond issuance. The Borrower is using the procedure to
refinance outstanding debt.
The public hearing was opened for public comment. There were no individuals present
who wished to comment.
The meeting was opened for questions from the Commissioners and there were none.
The hearing was closed at 2:42 p.m.
Commissioner Barr, seconded by Myers, moved to adopt the proposed Resolution to
approve the Town of Boonsboro issuing and selling its economic development refunding
revenue bonds in one or more series in an aggregate principal amount not to exceed
$1,500,000 for the benefit of the Humane Society of Washington County, Incorporated
(the "Bonds"), and to loan the proceeds from the sale of such bonds to the Humane Society
of Washington County. The motion passed unanimously. (Resolution No. RS -2015-24 is
located in the County Commissioners' Office.)
Countv Administrator's Comments
County Administrator Greg Murray discussed the recent Maryland Association of
Counties' Winter Conference where Governor Hogan swore in Commissioner John Barr as
its President.
PUBLIC HEARING — APPLICATION FOR MAP AMENDMENT — RZ-15-004
President Baker convened a public hearing at 3:00 p.m. to obtain public comment
regarding the application for Map Amendment RZ-15-004 to the Washington County
Zoning Ordinance from Applicant Robert G. and Mary O. Rotz. Commissioner Baker
December 15, 2015
Page 8
reviewed the procedures for the public hearing and County Clerk Vicki Lumm
administered the oath to those who planned to give testimony in the matter. Stephen
Goodrich, Director, Planning and Zoning, presented the staff report dated October 5, 2015
for RZ-15-004 on behalf of the Washington County Department of Planning and Zoning.
The subject parcel is located on the east side of Garis Shop Road between Wagaman Road
to the north and Roxbury Road to the south, consisting of approximately 1.0 acre. The
applicants are requesting the subject property be rezoned RB -Rural Business floating zone
with underlying Agricultural (Rural) from Agricultural (Rural.) The Applicant's house is
located on the subject parcel and they operate a recreational day camp, Antietam
Recreation, on 31.67 acres adjacent to the eastern or rear parcel line of the proposed
rezoning site. A major rezoning was undertaken in 2005 and the RB was created and
applied to the 31 acres of Antietam Recreatiori property but not to the one -acre parcel,
which is the subject of the public hearing. At that time, no comments were received from
the property owners. The Applicant is now considering expanding the use of the subject
property and subsequently discovered the RB zoning on the one -acre parcel. The Applicant
has suggested a mistake was made in the property's zoning when it was not zoned the
same as the Antietam Recreation property owned and operated by Mr. and Mrs. Rotz. Mr.
Goodrich indicated that the Planning Commission recommended approval of the
application during its November 2, 2015 meeting.
Applicant Mary Rotz, 9729 Garis Shop Road, Hagerstown, discussed the operation of the
business and the reason for the request.
The hearing was opened for public comment and there were no individuals present who
offered comments.
The hearing was opened for questions from the Commissioners. Commissioners Spong and
Myers discussed the mistake in zoning and the costs incurred by the Applicant to go
through the map amendment process.
The Public Hearing was closed at 3:17 p.m. The Commissioners took no action on the
rezoning request.
The Commissioners reached a consensus to approve the application for RZ-15-004. A
Decision and Findings of Fact will be developed for the Commissioners' future review and
adoption.
(Commissioner Myers left the meeting at 3:20 p.m.)
FINAL REPORT - MANUFACTURING SUPPLY CHAIN STUDY
Dr. Tobin Porterfield, Associate Professor, and Dr. Chaodong Han, Towson University,
presented the final report of the Manufacturing Supply Chain Study for Washington
County's manufacturing community and surrounding areas. The comprehensive study
identified an analysis of supply chain gaps and opportunities that include recommendations
to address weaknesses identified during manufacturing focus groups and company surveys.
December 15, 2015
=� Page 9
Mr. Porterfield indicated that there are over 100 various manufacturing firms in the County
that manufacture a wide spectrum of products; this is a positive aspect of the study. Other
positives included a convenient geographic location, rail infrastructure, competitive labor
rates, and the availability of government trade and grant support. Several weaknesses
involve a low unemployment rate, the lack of new entrants to the manufacturing workforce
and the low presence of advanced manufacturing. Dr. Porterfield discussed several threats
such as increasing competition from nearby counties in attracting manufacturers and the
reluctance of existing manufacturers to expand operations in the County. Study
recommendations include establishing a formal manufacturing community network,
increasing the diversity of the manufacturing portfolio, enhancing workforce development
initiatives, increasing participation in global supply chains, continuing to improve logistics
infrastructure, and enhancing manufacturing support.
CONSTRUCTION BID AWARD — LEITERS MILL ROAD BRIDGE
REHABILITATION PROJECT
Scott Hobbs, Deputy Director, Engineering and Construction Management, recommended
the conditional award of the Leiters Mill Road Bridge Rehabilitation Project to the lowest
responsive, responsible bidder, Building Systems, Inc. of Hagerstown, Maryland, for
$710,075. The conditional award is based on receiving concurrence from the Maryland
State Highway Administration. Mr. Hobbs described the project that involves the
rehabilitation of the one -lane, two -span historic stone arch bridge built in 1839 over the
Antietam Creek on Leiters Mill Road near the town of Leitersburg. He indicated that 80%
of the project costs would be reimbursed by federal funds through the Federal Highway
Bridge Program. The bridge will be closed to traffic and detour signs will be posted during
construction.
Commissioner Barr, seconded by Spong, moved to award the Leiters Mill Road Bridge
Rehabilitation Project to the lowest responsive, responsible bidder, Building Systems, Inc.
of Hagerstown, Maryland, for $710,075, subject to the concurrence of the Maryland State
Highway Administration. The motion passed unanimously.
CITIZENS' PARTICIPATION
No citizens attending the meeting wished to participate.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Barr wished all a Merry Christmas and Happy New Year. He commended
Leslie Hart, Agricultural Marketing Specialist, Department of Business Development, for
assisting the Hagerstown Garden Club in collecting local items needed to decorate a tree
this season at the State House. He thanked staff and other individuals who assisted with his
recent swearing-in as President of the Maryland Association of Counties. Mr. Barr read a
congratulatory letter from his sister and displayed a Maryland -themed bow tie from
Commissioner Spong that he wore during the ceremony. Sarah Sprecher presented Mr.
Barr a photo of his installation by Governor Hogan.
December 15, 2015
Page 10
Commissioner Baker wished all a Merry Christmas and Happy New Year.
ADJOURNMENT
Commissioner Spong, seconded by Cline, moved to adjourn at 4:26 p.m. The motion
passed unanimously.
Grejory B. M array, Cour'ty Administrator
John M. Martirano, County Attorney
Vicki C. Lumm, County Clerk