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HomeMy WebLinkAbout02.12.2013 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland February 12, 2013 President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 8:33 a.m. at 100 West Washington Street, Room 227, with the following members: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Mark Sandell of St. Andrew Presbyterian Church offered the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — FEBRUARY 5, 2013 Commissioner McKinley, seconded by Callaham, moved to approve the minutes of February 5, 2013. The motion passed with Commissioners McKinley, Callaham, Barr, and Baker voting "AYE" and Commissioner Cline "ABSTAIN." CAPITAL IMPROVEMENT PROGRAM DISCUSSION — DRAFT 1 Debra Murray, Finance Director, presented an overview of the Capital Improvement Program (CIP) budget plan for the years 2014-2023. She stated that the Capital Improvement Plan Committee reduced submitted project requests of $793.5 Million to $436.7 Million. Last year's CIP Plan contained $449.3 Million. Total adjustments included approximately $357.3 Million; of which $280 Million involved local funding that had to be adjusted accordingly, and the difference being federal and State funding grants that were moved or adjusted. Ms. Murray indicated that the majority of increases over last year's CIP requests were due to project request changes (moving projects earlier in the CIP Plan and/or increases in those project numbers); and changes in funding sources, i.e., bonds reduced down to $12 Million. She provided a review of the CIP projects and stated that the level of borrowing in the proposed draft CIP is $12 million. The Commissioners discussed the information presented. CONTRACT AWARD — FORTY WEST LANDFILL SEDIMENT BASIN 3 REPAIR Rick Curry, Buyer, Purchasing Department, and Dave Mason, Environmental Engineer, Division of Environmental Management, requested approval to award the contract for the Forty West Landfill Sediment Basin 3 Repair construction project (PUR-1190) for the Solid Waste Department to the lowest responsive, responsible bidder David H. Martin Excavating, Inc. of Chambersburg, Pennsylvania, who submitted a Base Bid of $120,566.00 and a Contingent Bid cost of $7,074.50 for the lowest Total Sum Bid of $127,640.50. Mr. Curry informed the Commissioners that the project should be completed within forty-five days. He advised that funds for the project are budgeted in the Department's Capital Improvement Project. February 12, 2013 Page 2 Commissioner Barr, seconded by McKinley, moved to award the contract for the Forty West Landfill Sediment Basin 3 Repair construction project to the lowest responsive, responsible bidder, David H. Martin Excavating, Inc., of Chambersburg, Pennsylvania, as presented. The motion passed unanimously. APPLICATION FOR TEXT AMENDMENT TO THE WASHINGTON COUNTY ZONING ORDINANCE (FARM WINERIES AND BREWERIES, AND BANOUET/RECEPTION FACILITIES AND CONFERENCE CENTERS) (RZ-12-002) Jill Baker, Chief Planner, Planning and Zoning, introduced a discussion regarding the application for a text amendment to the Washington County Zoning Ordinance pertaining to farm wineries and breweries, and banquet/reception facilities and conference centers (RZ-12-002). Ms. Baker clarified that upon review of the recordings of the Washington County Planning Commission meeting held November 19, 2012, the Commission specifically decided to require a sight distance analysis for farm wineries and breweries, due to safety concerns for the travelling public. Ms. Baker added that the Planning Commission wanted to allow farm wineries and breweries to begin operations with minimal costs; therefore, the Planning Commission recommended the elimination of any requirements for a site plan or zoning permit. The Commissioners discussed the matter. Discussion was suspended in order to accommodate Citizens' Participation at its advertised time. CITIZENS PARTICIPATION Tom Grosh, 12731 Big Pool Road, Clear Spring, a lifetime member of the Clear Spring Volunteer Fire Department, commented on the equipment, fuel, and maintenance costs incurred by volunteer fire companies in the County. Gerry Ditto, 14726 Ditto Road, Clear Spring, commented on farm wineries/breweries and business regulations in Washington County. Scott Miller, Attorney for Big Cork Wines, commented on regulations and zoning for small businesses such as farm wineries/breweries. APPLICATION FOR TEXT AMENDMENT TO THE WASHINGTON COUNTY ZONING ORDINANCE (FARM WINERIES AND BREWERIES, AND BANOUET/RECEPTION FACILITIES AND CONFERENCE CENTERS) (RZ-12-002) (continued) The Commissioners continued their discussion of Text Amendment RZ-12-002. Commissioner Barr, seconded by Cline, moved to approve the recommendation of the Planning Commission's recommended text for RZ-12-002. The Commissioners agreed that future opportunities would be available to further adjust the proposal, should the need arise. Commissioner McKinley reiterated that the Planning Commission's intent was to eliminate the requirements of a site plan and zoning permit. The motion passed unanimously. February 12, 2013 Page 3 CONVENE IN CLOSED SESSION Commissioner Barr, seconded by Cline, moved to convene in closed session at 11:10 a.m. to discuss the appointment, employment, assignment, promotion, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; to discuss other personnel matters that affect one or more specific individuals; to consider the acquisition of real property for a public purpose and matters directly related thereto; and to conduct collective bargaining negotiations or consider matters that relate to the negotiations; in accordance with Section 10-508(a) (1), (3) and (9) of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed the potential appointment and reappointment of a number of individuals to various bodies over which the Commissioners have appointment authority, discussed specific issues related to the potential acquisition of real property with staff, discussed specific aspects of ongoing negotiations/discussions with local union representatives, and discussed with staff the latest information in regard to an investigation relating to possible criminal conduct. During closed session, the Commissioners instructed staff to place the potential appointments and reappointments on a future open session agenda for further consideration and discussion, provided direction to staff regarding continuing negotiations relating to the potential acquisition of real property, instructed staff to place the latest offer from local union representatives on the Commissioners' open session agenda for further discussion and consideration; and provided staff with direction relating to future steps relating to an investigation of possible criminal conduct. Present during closed session were Commissioners Terry L. Baker, John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Also present were Gregory Murray, County Administrator; Sarah Sprecher, Assistant County Administrator, Vicki Lumm, County Clerk; John M. Martirano, County Attorney; Kirk C. Downey, Deputy County Attorney; and at various times Jim Hovis, Director, Office of Community Grant Management; Stephen Goodrich, Director, Planning and Zoning; Jennifer Smith, Director, Plan Review and Permitting; Joe Kroboth, Public Works Director; Joe Kuhna, Real Property Administrator; and Stephanie Stone, Director of Health and Human Services. RECESS The Commissioners recessed at 12:22 p.m. to attend a luncheon meeting at the Washington County Board of Elections, 35 West Washington Street, Hagerstown. RECONVENE IN OPEN SESSION Commissioner Callaham, seconded by Cline, moved to reconvene in open session at 1:35 p.m. The motion passed unanimously. (Commissioners McKinley and Barr were absent.) February 12, 2013 Page 4 AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:37 p.m. with the following members present: Commissioners Ruth Anne Callaham and Jeffrey A. Cline. PUBLIC HEARING — MAP AMENDMENT TO THE WASHINGTON COUNTY ZONING ORDINANCE — ZONING CLASSIFICATION CHANGE FROM RURAL TO BUSINESS LOCAL (RZ-12-003) President Baker convened a Public Hearing at 1:37 p.m. to obtain public comment regarding map amendments (RZ-12-003) to the Washington County Zoning Ordinance. The applicants are requesting a change in their property's zoning classification from Residential Rural (RR) to Business Local (BL.) County Clerk Vicki Lumm administered the oath to those planning to give testimony on the matter. Jill Baker, Chief Planner, Planning and Zoning, presented details of the request. She entered the amendment file into the record for the case. Ms. Baker described the involved properties, which are all located within the Town Growth Area boundary of the Town of Smithsburg, in the Cavetown Rural Village. (Commissioner Barr returned to the meeting at 1:43 p.m.) Jill Baker advised that the Washington County Planning Commission, at its regular meeting on November 5, 2012, recommended approval of Map Amendment RZ-12-003, contingent upon a requirement that a traffic study of Paden Avenue be submitted with any site plan for any and all parcels having access to Paden Avenue. The Public Hearing was opened for public comment. Travis W. Poole, attorney for all applicants, presented their case, stating that the involved neighborhood has grown more commercial in character over time, and the original zoning classification, assigned in 1973, is too restrictive and conflicts with the character of the area. Jason Divelbiss, attorney for AC&T Co., Inc., entered into the record a statement (Exhibit #1) in opposition to the rezoning requests. Attorney Divelbiss requested that the record for RZ-08-001 (Bowman-Cavetown) be entered into the record (Exhibit #2), arguing that it barred the requested rezonings through the doctrine of res judicata. Shirley L. Kline, 11670 Mapleville Road, Smithsburg, commented on increased traffic in the area of the affected properties. She supported the change in zoning. Kevin Lewis, 11814 Paden Avenue, Smithsburg, opposed the rezoning citing traffic concerns. Richard Metzger 14911 Windy Haven, Smithsburg, one of the property owners/applicants, spoke in favor of the rezoning. February 12, 2013 Page 5 Attorney Poole presented a rebuttal of points raised during opponents' testimony. The Public Hearing was closed at 2:37 p.m. (Commissioner McKinley returned to the meeting at 2:37 p.m.) The Commissioners suspended discussion of the matter to move to the next scheduled agenda item. YOUTH MERITORIOUS AWARDS — JANUARY AND FEBRUARY 2013 The County Commissioners presented a certificate of merit to Tucker Almany of St. James School, who was selected by the Washington County Community Partnership for Children and Families (WCCP) to receive the January 2013 Youth Meritorious Award. Two students received the February 2013 awards and were also presented certificates of merit: Garrett Embly and Lisa Weller, both of Clear Spring Middle School. Each student received a $100 Office Max gift card from the WCCP and a County pin from the Commissioners. The Commissioners commended the students for their leadership, academic, and extra- curricular activities. ANNOUNCEMENT OF SCHOOL HEALTH INITIATIVE Jim Hovis, Director, and Melissa Nearchos, Senior Grant Manager, Office of Community Grants Management, announced that Washington County has been awarded a $190,000.00 Maryland Department of Education grant for Meritus Health to administer school-based health initiatives. Ms. Nearchos stated that South Hagerstown High School and Western Heights Middle School will be staffed by a physician and Licensed Practical Nurse to provide primary care to students enrolled in the program. A third location is planned to open in the fall. She recognized individuals in attendance that assisted with initiation of the program: Jesus Cepero Vice President and Chief Nursing Officer, and Jodi Bishop, Director of Professional Practice (Meritus Health); Rhonda Reid, School Health Services Coordinator (Washington County Public Schools); and Dr. Lauren Henderson (Meritus Health.) Ms. Nearchos also thanked Mike Markoe, Assistant Superintendent (Washington County Public Schools); Joseph Ross, CEO (Meritus Health); and County Administrator Greg Murray for their assistance. Mr. Cepero and Dr. Henderson spoke of the merits of the initiative. The Commissioners thanked all for their part in bringing the program to the schools. MAP AMENDMENT TO THE WASHINGTON COUNTY ZONING ORDINANCE ZONING CLASSIFICATION CHANGE FROM RURAL TO BUSINESS LOCAL (RZ-12-003) (cont.) Jill Baker continued the discussion of RZ-12-003. The meeting was opened for discussion and questions from the Commissioners. Following deliberations, it was their consensus to support the requested rezoning based upon the changed character of the neighborhood since it was originally zoned forty years ago. A formal Ordinance effectuating the change and a Decision with findings of fact will be prepared for adoption at a later meeting. February 12, 2013 Page 6 COMMISSIONERS' REPORTS AND COMMENTS Commissioner Cline commented on the Watershed Implementation Plan program and a recent article in The Herald -Mail regarding its enormous cost. He visited the Cycle United event sponsored by the United Way which included County employee participants. Mr. Cline commended the Greater Hagerstown Committee for assisting students with federal student aid applications at a recent event at the Valley Mall. He attended the Rural Heritage Museum luncheon and also the swearing-in for Hancock's elected officials. Commissioner Cline announced that the March of Dimes March for Babies event will be held on April 27. Commissioner Callaham accepted a certificate of appreciation on behalf of the Commissioners during the Smithsburg Community Volunteer Fire Company's banquet. She attended a meeting of the Washington County Historical Advisory Committee where members discussed the strategic planning process and its impact on historic structures in the County. Commissioner Barr was out of town last week. Commissioner McKinley attended the Hancock Winter Festival. He presented a certificate this afternoon to owners of the J & M Grill in honor of its 40th anniversary. Commissioner Baker thanked staff and participants in the evening State of the County address last week. He attended a Fire Chiefs' reception in Annapolis. Mr. Baker attended the Hagerstown Junior League Basketball event sponsored by the Parks and Recreation Department. He was present at the Hancock Winter Festival and the Smithsburg Community Volunteer Fire Company banquet. OTHER BUSINESS Countv Clerk — Ai mointments to Boards/Commissions Washington Countv Gaming Commission Commissioner Cline, seconded by McKinley, moved to reappoint Janice Cirincione to a second, two-year term on the Washington County Gaming Commission through February 28, 2015. The motion passed unanimously. Historic District Commission of Washinaton Countv Commissioner Cline, seconded by Barr, moved to reappoint Tom Clemens and Gary Rohrer to second, two-year terms on the Historic District Commission, retroactively from October 31, 2012 through October 31, 2015. The motion passed unanimously. Washington Countv Building Code Board of Appeals Commissioner Callaham, seconded by McKinley, moved to appoint Kenneth Kline, Kim Shrader, Nicholas Hill, Sr., Scott Bowen, and Leslie Grimm to the Building Code Board of Appeals to initial three-year terms through February 28, 2016. The motion passed unanimously. February 12, 2013 Page 7 Fort Detrick Alliance — Commissioner Representative Commissioner McKinley, seconded by Barr, moved to designate Commissioner Callaham to serve as the Commissioners' liaison to the Fort Detrick Alliance through the Commissioners' term ending December 2, 2014. The motion passed unanimously. Countv Administrator MOU with Council 67 AFSCME County Administrator Greg Murray stated that the County's Memorandum of Understanding (MOU) with Maryland Public Employees Council 67 expires on June 30, 2013. He advised that Council 67 sent a letter to the Commissioners requesting that the MOU be extended in its entirety until the next round of negotiations. The Commissioners discussed the request. Commissioner Cline, seconded by McKinley, moved to defer the upcoming round of negotiations between the County Commissioners and Maryland Public Employees Council 67 until the next round of negotiations in five years. The motion passed unanimously. Mr. Murray discussed legislative developments in Annapolis including a proposal introduced by Frederick County to prohibit synthetic cannabinoids. He asked the Commissioners to consider whether Washington County should be included in the bill. CLOSED SESSION — AMENDED STATEMENT County Attorney John Martirano advised that a last minute Closed Session item was included in this morning's Closed Session discussion. He requested an amended motion to enter into Closed Session for the additional reason "to conduct or discuss an investigative proceeding on actual or possible criminal conduct" in accordance with Section 10-508(a) (12) of the State Government Article of the Annotated Code of Maryland. Commissioner Barr, seconded by Cline, moved to amend the motion to include the additional reason as stated by the County Attorney. The motion passed unanimously. CONVENE IN CLOSED SESSION Commissioner McKinley, seconded by Callaham, moved to convene in closed session at 3:50 p.m. to discuss the appointment, employment, assignment, promotion, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; and to discuss other personnel matters that affect one or more specific individuals; in accordance with Section 10-508(a) (1) of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed staff's recommendation to fill an open County employee position. During closed session, the Commissioners instructed staff to place staff's recommendation to fill an open County employee position on the Commissioners' next open session agenda for further consideration. Present during closed session were Commissioners Terry L. February 12, 2013 Page 8 Baker, John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Also present were Gregory Murray, County Administrator; Sarah Sprecher, Assistant County Administrator, Vicki Lumm, County Clerk; John M. Martirano, County Attorney; and Kirk C. Downey, Deputy County Attorney. ADJOURNMENT Commissioner Cline, seconded by McKinley, moved to adjourn at 3:58 p.m. The motion passed unanimously. 1-16m -) — Gregory B. M�nay, County�Administrator John M. Martirano, County orney �. c,. Vicki C. Lumm, County Clerk