HomeMy WebLinkAbout01.29.2013 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
January 29, 2013
President Terry L. Baker called the regular meeting of the Board of County
Commissioners of Washington County, Maryland to order at 1:04 p in. at 100 West
Washington Street, Room 227, with the following members present: Vice President
John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B.
McKinley.
INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner Baty gave the Invocation followed by the Pledge of Allegiance to the Flag
by the full assemblage.
APPROVAL OF MINUTES — JANUARY 15.2013
Commissioner Barr, seconded by Callaham, moved to approve the minutes of January 15,
2013. The motion passed with Commissioners Barr, Callaham, and Baker voting "AYE"
and Commissioners Cline and McKinley "ABSTAIN."
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Cline congratulated Daniel Murphy on his re-election as Mayor of the
Town of Hancock. Mr. Cline thanked all for the well wishes received during his
recuperation from recent surgery. He attended a memorial service at the Agricultural
Education Center for past board member and local volunteer Bill Poffenberger.
Commissioner Cline attended the Boonsboro Volunteer Fire Department's annual banquet
with Commissioners McKinley and Barr.
Commissioner Callaham congratulated candidates who ran for office in the Hancock
election. She attended the Maryland Association of Counties' (MACo) legislative meeting
last week in Annapolis. Ms. Callaham attended the open house to celebrate Cake Walk's
second anniversary. She was present at the EDC Strategic Economic Development Plan
(SEDP) presentation. Commissioner Callaham enjoyed the Maugansville Goodwill
Volunteer Fire Company's recognition dinner. She attended the Habitat for Humanity new
home dedication and a Maryland Municipal League (MML) meeting.
Commissioner Barr congratulated Hancock's elected officials. He reported on MACo
meetings in Annapolis concerning various Washington County issues. He met with the
Maryland Rural Counties Coalition where the eleven member counties discussed
PlanMaryland and other land issues. Commissioner Barr attended the MML meeting. He
attended the Boonsboro and Clear Spring Volunteer Fire and Emergency Medical Service
(EMS) banquets. Mr. Barr was present for most of the three-hour SEDP presentation at the
Maryland Theatre. He distributed information on a presentation given during a MACo
meeting concerning the flying of Prisoners of War/Missing in Action flags in counties.
January 29, 2013
Page 2
Commissioner McKinley reported on topics discussed during a recent Hagerstown
Regional Airport Advisory Commission meeting including the progress of the Pittsburgh
Institute of Aeronautics building, new hangars being developed at the Airport, and
initiatives that may be necessary to gain support for improving the Airport's control tower.
He attended the amniversary celebration of Cake Walk. Mr. McKinley attended the SFDP
presentation and the MML meeting. Ile enjoyed the Boonsboro Volunteer Fire and EMS
banquet and noted that Commissioner Cline was presented a plaque by the company for his
assistance and volunteerism.
Conunissioner Baker reported on the EDC business outreach meeting to Allegany Door
and Hardware on Security Road. He attended a Republican Club meeting and a Home
Builders Association banquet. Mr. Baker discussed the SFDP presentation. He enjoyed the
Maugansville Raritan Club Pancake Breakfast, Senior Idol competition, and the Clear
Spring Volunteer Fire and Rescue banquet. Commissioner Baker reported on events
planned and statistics disclosed during a recent Social Services board meeting. Ile also
congratulated the newly elected Hancock officials.
SALARY STUDY COMMISSION RECOMMENDATION
Deputy County Attorney Kirk C. Downey introduced a discussion of the recommendation
by the Salary Study Commission that the salaries of the elected Board of Education (BOE)
members be increased from $6,100.00 to $7,000.00, and the BOE President's salary from
$6,200.00 to $7,200.00. In response to the Commissioners' earlier request for input from
current BOE members, Dr. Clayton M. Wilcox sent a letter on their behalf, stating that "the
WCBOE accepts the decisions of the Commissioners with regard to any or all of the
recommendations in the study."
Commissioner Callaham, seconded by Barr, moved to set the Board of Education member
salaries at $7,000.00 and the Board of Education President's salary to $7,200.00 as ..
recommended. The motion passed unanimously. A resolution establishing those salaries
will be presented for formal adoption at a future meeting.
PUBLIC HEARING — APPLICATION FOR TEXT AMENDMENT TO THE,
WASHINGTON COUNTY ZONING ORDINANCE (FARM WINERIES AND,
BREWERIES, AND BANOUETJRECEPTION FACILITIES AND CONFERENCE,
CENTERS) - RZ-12-002
President Baker convened a Public Hearing at 1:30 p.m. to obtain public continent
regarding the application for text amendments to the Washington County Zoning
Ordinance pertaining to farm wineries and breweries, and banquet/reception facilities and
conference centers (RZ-12-002.) Jill Baker, Chief Planner, Planning and Zoning, presented
information on the proposed text amendments to Sections 3.3, 11.1, 12.2, and Article 28A
for Farm Wineries, Farm Breweries, Non -farm Wineries, Non -Farm Breweries, Banquet
and Reception facilities and Convention Centers. Ms. Baker stated that the Washington
County Planning Commission recommended approval of R'Z-12-002 during a special
meeting held on November 19, 2012, after making changes to the original proposal.
January 29, 2013
Page 3
The public hearing was opened for public comment.
Scott Miller, an attorney representing Rohrersville Vineyard, LLC, known as Big Cork
Wines, commented on the issue and supported the removal of any site plan requirement
from the proposed amendment.
Gent' Ditto, 14726 Ditto Road, Clear Spring, Maryland, commented on regular agriculture
use versus commercial use, noting that a winery with its associated activities was different
in kind and intensity than agricultural uses.
The public hearing was closed at 2:18 p.m. The meeting was opened for discussion and
questions from the Commissioners. It was their consensus to bring the matter back for
further discussion during a future Commissioners' meeting.
COMMUNITY ORGANIZATION FUNDING COMMITTEE'S FISCAL YEAR
2014 FUNDING RECOMMENDATIONS
Jim Hovis, Director, Community Grant Management, and Michael Guessford, Vice Chair
of the Community Organization Funding Committee (COFC), presented the Fiscal Year
2014 funding recommendations. The newly formed committee was charged with reviewing
and evaluating annual general fund requests submitted to the County by community-based,
non-profit organizations. The COFC used six priorities established earlier by the
Commissioners, which were Families and Children, Domestic Violence, Cultural/Ants,
Senior Services, Recreation, and Other. Thirty-nine funding applications were reviewed
from thirty-two separate organizations, totaling $2,610,835.66 in requests. The available
funding allocation is $1,683,420. The Commissioners thanked COFC members for their
many hours spent reviewing applications and developing the proposed funding allocation
list. They also thanked representatives of organizations who attended today's meeting to
show their support. The recommendations presented today are subject to acceptance or
amendment by the Commissioners during the upcoming budgetary process.
CITIZENS PARTICIPATION
Wayne Hose, 7918 Pendleton Court, Boonsboro, commented on the Fairplay Volunteer
Fire Company situation.
OTHER BUSINESS
Countv Administrator
County Administrator Greg Murray stated that the Commissioners recently sent a letter to
Governor Martin O'Malley, also signed by the Washington County Board of Education,
regarding the reinstatement of disparity grant funds that are not currently available to
several counties including Washington County. The possible $7.7 Million in funds would
be available for capital projects and road maintenance, among other items.
Mr. Murray discussed the current legislative proposal that would clarify devices defined as
"amusement devices". The request would change the definition of some amusement
devices defined as "coin operated" that now use debit cards and/or swipe cards.
January 29, 2013
Page 4
Greg Murray indicated that the Delegation is currently discussing how tip jar operators
claim expense for licenses of tip jars they purchase, whether taken out of net or gross
proceeds. The difference between net or gross proceeds affects the profits of small
businesses and also the gaming fund distributions to non -profits. The Delegation asked
whether the Commissioners would be opposed to the change or are neutral on the subject.
There was no opposition stated by the Commissioners regarding the proposal.
Commissioner Callaham expressed her desire to assist non -profits including volunteer fire
companies to raise funds for their operations.
FAIRPLAY AREA EMERGENCY SERVICES TASK FORCE FINAL REPORT
AND RECOMMENDATIONS
Paul Miller, Chair of the Fairplay Area Emergency Services Task Force (Task Force), and
Charles Summers, Deputy Director, Department of Emergency Services, presented the
final report and recommendations of the Task Force. The Commissioners appointed the
Task Force on August 7, 2012 after suspending operations of the Fairplay Volunteer Fire
Company (Fairplay) due to its inadequate and unacceptable response rate for service calls.
The Task Force was charged with evaluating the cause for the unacceptable rate and
making recommendations to the Board. Mr. Miller reviewed the report, stating that its
main goal was to get Fairplay back into operation. The Task Force recommends that
Fairplay be reinstated subject to thirty-one conditions, including undergoing a twenty-four
month probationary period, a detailed audit, an evaluation at six -months, and a
modification of the current administration.
The Commissioners discussed the issue. County Administrator Greg Murray stated that the
EMS Master Plan contains specific standards for the money provided by the County to all
volunteer fire and emergency companies. Commissioner McKinley thanked the Task Force
and the Funkstown, Boonsboro, Sharpsburg and Williamsport Fire and EMS companies for
covering Fairplay's response area during its suspension.
Commissioner McKinley, seconded by Cline, moved that the County no longer designate,
approve, or recognize the Community Volunteer Fire Company, Inc. of District No. 12 for
the provision of fire protection or firefighting service, rescue, or ambulance service in
Washington County; accordingly the company shall not be eligible for or entitled to any
appropriation or in kind assistance from the County, and current service providers will
continue at this time to serve the area in the manner in which they've done since Fairplay
was suspended. Commissioner Callaham asked, should the motion pass, whether there is
any opportunity for Fairplay to petition for re -recognition, if the Task Force
recommendations and the proposals presented by Fairplay were combined. Commissioner
McKinley stated the affirmative under certain conditions. The motion passed with
Commissioners McKinley, Cline, Callaham, and Barr voting "AYE" and Commissioner
Baker "NO."
January 29, 2013
Page 5
Commissioner Cline requested that County staff gather and provide to the Commissioners
information relating to a means to support the provision of emergency medical assistance
in the Fairplay area to be discussed at a future Commissioners' meeting. It was the
consensus of the Commissioners that staff provide this information as soon as possible.
RIDER JET CENTER LEASE AMENDMENTS
Phil Ridenour, Airport Director, and Joe Kroboth, I1I, Public Works Director, discussed
proposed amendments to several leases at the Hagerstown Regional Airport (HGR)
between Rider Jet Center (RJC) and the County. Changes to affected leases involving
Buildings 26, 64, 65, 66, and 67 would indicate that these buildings would be owned by
Washington County and leased to RIC, who built the buildings and currently leases the
land upon which the buildings are located. The State Department of Assessments and
Taxation (SDAT) has determined that because of the specific use of the buildings by RJC
taxes are to be assessed for Buildings 26, 64, 65, 66 and 67. After discussions with SDAT,
it was determined that for the facilities to be eligible to be tax exempt under Maryland law,
if formally approved by Washington County, the buildings must be owned by Washington
County and leased to Rider Jet Center, Rider Jet Center has specifically requested that the
parties seek a long-term solution to this issue.
The Commissioners discussed the proposal. Commissioner Baker suggested holding a
public works session to further clarify and discuss the issue.
Commissioner Cline, seconded by Barr, moved to amend the leases for Buildings 26, 64,
65, 66 and 67 to indicate that the buildings in question are owned by Washington County
and to lease the buildings and land to Rider Jet Center, who built the buildings and
currently leases the land upon which the buildings are located, for the remainder of the
various lease terms under the same terms and conditions. The motion passed with
Commissioners Cline, Barr, Callaham, and McKinley voting "AYE" and Commissioner
Baker "NO."
Commissioner Callaham, seconded by Barr, moved to exempt Buildings 26, 64, 65, 66,
and 67 located at the Hagerstown Regional Airport from County real property tax for the
length of the current lease terms. The motion passed with Commissioners Callaham, Barr,
McKinley, and Cline voting "AYE" and Commissioner Baker `ATO."
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Commissioner McKinley, seconded by Cline, moved to adjourn at 4:20 p.m. The motion
passed unanimously.
Gregory B. �un•ay, C myAdministrator
,-\ �- ,"\,
John M. Martirano,Coyrii} Attorney
\ Vicki C. Lumm, County Clerk