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HomeMy WebLinkAbout08.06.2013 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland August 6, 2013 JOINT MEETING WITH WASHINGTON COUNTY BOARD OF EDUCATION The Board of County Commissioners met jointly with the Board of Education at its offices located at 820 Commonwealth Avenue, Hagerstown. County Commissioner President Terry L. Baker called the meeting to order at 8:32 a.m. In attendance were Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Board of Education members present were Justin Hartings, Paul Bailey, Donna Brightman, Jacqueline Fischer, Karen Harshman, Wayne Ridenour, and Melissa Williams. 2013 EDUCATIONAL FACILITIES MASTER PLAN Clayton Wilcox, Superintendent of Schools, and Boyd Michael, Deputy Superintendent, presented a summary of the approved 2013 Educational Facilities Master Plan (EFMP), which is updated annually for submission to the Maryland Department of Planning, Maryland Department of Education, and Public School Construction Program. The 2013 EFMP assists in formulating specific Capital Improvement requests from both the State and County for FY 2015 and serves as a planning tool for future fiscal year requests. The discussion included school facility planning, maximizing existing resources by expanding possibilities for student learning, and considering "land banking" during favorable real estate markets. The group discussed methods of being both proactive and reactive to the changing student population and economic conditions. RECESS The Commissioners recessed at 9:22 a.m. to return to the County Administration Building, 100 W. Washington Street, Room 227, Hagerstown. 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 10:12 a.m. in the County Administration Building located at 100 West Washington Street, Room 227, Hagerstown, with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. APPROVAL OF MINUTES — JULY 16.2013 AND JULY 23, 2013 Commissioner Callaham, seconded by Barr, moved to approve the minutes of July 16, 2013 and July 23, 2013. The motion passed unanimously. August 6, 2013 Page 2 COMMISSIONERS' REPORTS AND COMMENTS Commissioner Cline thanked the Board of Education for the morning's productive joint meeting with the Commissioners. He congratulated the Ag Expo and Fair Committee for a job well done to organize the recent event. Mr. Cline attended a Farm Bureau picnic held during Ag Expo. He and Commissioner Callaham attended an Eagle Scout ceremony for Jared Banzhoff. Commissioner Cline was present at the Hagerstown Firefighters Local #1605 event to award non-profit organizations proceeds from the recent Bonanza Extravaganza. He attended the Walnut Street Community Health Center Fair and the 25 - year Celebration of Business for Cumberland Valley Heating and Air Conditioning. Mr. Cline attended the Clear Spring carnival. He congratulated the Washington County Government's March for Babies team for being this year's sixth highest fundraising team in Western Maryland. Commissioner Callaham reported visiting Docu Trac, a new business being developed at the Hagerstown Community College incubator. She discussed its challenges in finding qualified employees. Ms. Callaham attended a PenMar Development Corporation meeting where The Counselors of Real Estate Consulting Corps discussed options for development of the Fort Ritchie property. She volunteered to compose a recommendation letter for Golden Apple Awards to be given to members of the Ag Expo and Fair Board. Commissioner Barr congratulated the Ag Expo and Fair Board for its work done to organize the well -attended event. He indicated that the Commissioners had purchased the Grand Champion turkey at the Market Fair using their personal funds. Commissioner McKinley commented on the joint meeting with the Board of Education and the spirit of cooperation between the groups and also the Washington County Public Schools' staff. He complimented organizers of the Ag Expo and Fair for the successful event. Commissioner Baker thanked Ag Expo organizers for inviting the Commissioners to a breakfast and tour during the event. He reported that he and his fellow Commissioners has volunteered to collect gate receipts this year. Mr. Baker attended the Farm Bureau luncheon during Ag Expo and volunteered at the Clear Spring carnival. He thanked the Board of Education for the cooperative joint meeting. Commissioner Baker shared a letter from Boonsboro resident and historian Doug Bast inviting Commissioners to tour the Boonsboro Museum of History. OTHER BUSINESS Countv Administrator County Administrator Gregory Murray discussed the County's investments in its Pension Plan, which had dropped from approximately $50 million to $37 million, to be expected during the prior recessionary period. He announced that now five years later, the Plan is valued at over $71 million. August 6, 2013 Page 3 REPORTS FROM COUNTY STAFF Planning and Zoning — Town Growth Area Comprehensive Rezoning Stephen Goodrich, Director, Planning and Zoning, advised that the County is currently in the process of completing its Comprehensive Rezoning Plan by implementing Town Growth Area rezonings affecting the Towns of Hancock, Clear Spring, Smithsburg, and Boonsboro. Mr. Goodrich indicated that the Planning Commission and County staff have reviewed municipal growth areas in the towns and are advertising public informational meetings to be held in those towns to advise citizens of the process and invite their input. He stated that letters were sent to affected property owners and a web page containing the pertinent information had been placed on the County's website. The process will involve public hearings with the County Commissioners. Mr. Goodrich indicated that the first public informational meeting would be held on August 14 in the Town of Clear Spring. CITIZENS' PARTICIPATION Angie Harsh, 11826 Peacock Trail, Hagerstown, commented on the Humane Society of Washington County's policy regarding the impoundment period for stray animals and certain provisions of the County's Animal Control Ordinance. WASHINGTON COUNTY GAMING COMMISSION - ANNUAL REPORT AND 2013 FUNDING ALLOCATION Jim Hovis, Director, Office of Community Grant Management, and Paul Crampton, III, Gaming Commission Chair, introduced board members Jan Cirincione, John Menard, Greg Shank, Earl Baker, Doug Ford, and Linda Ebersole, in attendance for the Gaming Commission announcement of awards. Many representatives of non -profits attended to thank the Gaming Commission and the Commissioners for the monetary awards. Mr. Crampton presented the Commission's annual report, announcing that $1,900,259.09 in gaming funds were collected in FY 2013, representing a 2.23% increase (up for the first time since 2009) from Fiscal Year 2012. Mr. Crampton indicated that 119 funding applications totaling $2,475,057.00 were received. In compliance with State statute, 50% of the funds collected, or $950,129.54, was distributed in two installments to the Washington County Volunteer Fire and Rescue Association. The remaining $950,129.55 was made available to the Commission for distribution to charitable organizations serving Washington County. The Commissioners recognized outgoing Gaming Commission member and former chair John Menard for his volunteer service on the Commission. PUBLIC HEARING — MARYLAND COMMUNITY DEVELOPMENT BLOCK GRANT AND NEIGHBORHOOD CONSERVATION INITIATIVE GRANT President Terry L. Baker convened a Public Hearing at 11:16 a.m. in accordance with 24 CFR 570.486(a)(5) to obtain public comment and provide an update on the Maryland Community Development Block (CDBG) Grant MD -10 -CD -23 and Neighborhood Conservation Initiative Grant MD -NCI -4. Susan Buchanan, Grant Manager, Office of Community Grant Management, informed the Commissioners that the federally funded programs are designed to assist units of local government with activities directed toward neighborhood revitalization, housing opportunities, economic development, and improved August 6, 2013 Page 4 public facilities and services. The State of Maryland — Department of Housing and Community Development has assumed the responsibility for the administration of the programs from the U.S. Department of Housing and Urban Development. In FY 2009, the County was awarded $100,000 in CDBG funds toward the Hagerstown Neighborhood Development Partnership, Inc. to assist in foreclosure issues. This grant was modified in 2010 to increase the funding to $1,010,000. The Washington County Transit Transfer Center was built and the Housing Authority of Washington County purchased four properties for its Lease/Purchase program. 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. The Commissioners discussed details of the rent to own program with Ms. Buchanan. The hearing was closed at 11:22 a.m. PUBLIC HEARING — TEXT AMENDMENTS TO THE WASHINGTON COUNTY ZONING ORDINANCE TO CORRECT ERRORS RELATING TO SOLAR ENERGY GENERATING SYSTEMS (RZ-13-002) President Terry L. Baker convened a Public Hearing at 11:22 a.m. to obtain public comment on proposed text amendments to the Washington County Zoning Ordinance concerning Article 18 (Section 18.2) and Article 21 (Sections 21.42 and 21.43). The amendments (RZ-13-002) are to correct errors relating to Solar Energy Generating Systems. Planning and Zoning Director Stephen Goodrich indicated that RZ-13-002 as originally proposed and advertised included an amendment to Article 28A. It was subsequently discovered that the proposed amendment to Article 28A was previously adopted as a text Amendment in RZ-12-004 and is no longer required in RZ-13-002. The remaining amendments serve as "cleanup amendments." 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. The Commissioners posed no questions. The hearing was closed at 11:26 a.m. Commissioner McKinley, seconded by Barr, moved to adopt the proposed RZ-12-002 text amendments to the Washington County Zoning Ordinance as presented. The motion passed unanimously. (Ordinance No. ORD -2013-25 is located in the County Commissioners' Office.) August 6, 2013 Page 5 SOLID WASTE FACILITY OPERATING ALTERNATIVE County Administrator Greg Murray initiated a discussion of a proposed waste to renewable energy facility for Washington County. He discussed the continuing loss of revenue to the landfill and the need to consider alternatives to deal with expected future losses. Mr. Murray introduced Kevin Whited, President, America First, Inc. (AF) and partners Bob Downey and Steven Morris. Mr. Whited indicated that AF is a waste -to -energy company that uses sorting facilities in which recyclables not usable in the end product are sorted out and the remaining waste is created into pellets (Phase I) that can be sold to various companies as an alternative, or refuse -derived fuel (RDF). This would ultimately create an almost 100% reduction in waste, would reduce overall operating costs and liability to the County, and would generate an immediate revenue stream to the County through a profit sharing agreement with the company. Phase I involves the construction and operation of a facility consisting of two buildings at the Landfill site used to house sorting equipment, and equipment to generate the RDF pellet. To prepare for Phase II, a separate process will use about 10% of the RDF pellet production to fuel a pilot gasification plant that in turn feeds a synthetic fuel production plant to convert the high-energy gas into transportation fuels (gasoline or diesel). Full Phase II operation will then use all RDF generated for conversion to synthetic fuels. Washington County would receive 40% of the profits generated for Phase I and 30% of the profits for Phase II. The existing landfill would be mined to recover the value of the already buried waste and generate additional product. The project does not involve any upfront costs to the County. Greg Murray discussed the Landfill's approximate $800,000 shortfall this year that must be paid using Solid Waste fund balance. Mr. Whited indicated that the State of Maryland has been proposing increasingly restrictive laws that would require volume reductions in landfills by 65% to 95% in the coming years. The plan proposed by AF would position Washington County at the top tier within compliance while earning the County profits and additional jobs in the process. Mr. Murray indicated that the Maryland Department of the Environment (MDE) is aware of all aspects of the plan and current Landfill employees were advised of the proposal. A series of steps would be followed before construction could begin, including holding public hearings and filing for permits as required. The Commissioners discussed the information presented. Commissioner McKinley supported the proposal but questioned if there would be any recourse during the process. Commissioner Baker suggested that the Commissioners obtain more information in writing before proceeding further. Mr. Murray advised that if MDE does not issue a permit or if the County does not modify its Solid Waste Plan, the project would not move forward. Commissioner McKinley moved that Washington County Government move forward toward Phase I of the Solid Waste Facility's operating alternative as described during today's presentation. Commissioner Callaham questioned whether the County was committing to both phases of the proposal by voting today to proceed. Commissioner Barr seconded the motion for discussion purposes. Commissioner Callaham suggested adding August 6, 2013 Page 6 the pilot facility and program for Phase II to the original motion. Greg Murray discussed Phase II and the required permitting process to be taken before a working facility is in operation. He indicated that before Phase II can occur, the pilot facility must demonstrate that the current feedstock would work. Commissioner Callaham moved to amend Commissioner McKinley's pending motion to include the construction and of the pilot facility and the proof of concept for Phase II as described today. Commissioner Barr seconded the motion. The motion passed with Commissioners Callaham, Barr, McKinley, and Cline voting "AYE" and Commissioner Baker "ABSTAIN." The Commissioners then voted on Commissioner McKinley's original motion as amended. The motion passed with Commissioners McKinley, Barr, Callaham, and Cline voting "AYE" and Commissioner Baker "ABSTAIN." RECESS The Commissioners recessed at 12:36 p.m. AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 2:10 p.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. PUBLIC HEARING — PROPOSED TEXT AMENDMENT TO THE ADEQUATE PUBLIC FACILITIES ORDINANCE TO CREATE THE ALTERNATIVE MITIGATION CONTRIBUTION (APF -13-002) President Terry L. Baker convened a Public Hearing at 2:10 p.m. to obtain public comment on a proposed text amendment to the Adequate Public Facilities Ordinance to create a process to establish an Alternative Mitigation Contribution (AMC). Stephen Goodrich, Director, Planning and Zoning, provided information on the proposed text amendment, which would create a standardized formula to determine monetary contributions from developers when students expected to be generated by new development exceed certain adequacy thresholds for public schools affected by new development. Mr. Goodrich explained that the text amendments would correct certain language (Section 5. 1), remove the elderly housing exemption from the adequacy requirement (Section 5.2), increase the time period allowed between adequacy testing and Planning Commission approval from six months to one year (Section 5.5), and would provide for the method of determining adequacy and calculation of the AMC. The proposed AMC formula is as follows: (A/B x C) x D x E = Alternate Mitigation Contribution (AMC) Where A = the average cost of a school seat; B = the expected lifespan of a school seat; C = the pupil generation rate for the dwelling type; D = the number of years a student will spend in the school; and E = the number of units in the development. August 6, 2013 Page 7 The contribution formula would be applied to all schools affected by the new development when any affected school is inadequate. A developer may not use the AMC formula if the existing enrollment in any school affected by the new development exceeds 120% of its State -Rated Capacity. Mr. Goodrich provided copies of comments received by the Planning and Zoning Office and/or the County Commissioners' Office (Exhibit #1). (Commissioner Barr left the meeting at 2:28 p.m.) The public hearing was opened for public comment. Randy Thompson TT&K, LLC, 1850 Dual Highway, Hagerstown, commented on property taxes paid on undeveloped residential property owned by TT&K in the Town of Boonsboro and the school mitigation process. Attorney Jason Divelbiss, 13424 Pennsylvania Avenue, Hagerstown, distributed a memorandum of comments (Exhibit #2) to the Commissioners and staff and spoke on the AMC formula including "soft costs," consideration of the State's contribution toward school facilities, and the time when a developer should be required to pay the mitigation fee. (Commissioner Barr returned to the meeting at 2:36 p.m.) Attorney Divelbiss further commented on the possibility of agreeing to a development phasing schedule and donation of land by a developer as an alternate means of satisfying the mitigation requirement. Attorney Scott Miller, representing TT&K, LLC, expanded on Mr. Thompson's comments regarding his Boonsboro property taxes. He voiced support of the AMC concept and commented on the timing of the mitigation contribution payment. Carlos Mellott, Maryland State Education Association representative, assigned to the Washington County Teachers' Association, questioned school redistricting and its relation to the proposed amendments. Kathy Maher, City of Hagerstown Planning Director, commented on a letter she submitted to the County's Planning and Zoning Office regarding the timing of the mitigation contribution payment, the collection of fees for affected schools not currently over capacity, and the clause pertaining to revitalization projects. The meeting was opened for questions from the Commissioners. Commissioner McKinley noted that the Board of Education could redistrict schools to address overcrowding. The hearing was closed at 3:06 p.m. Commissioner McKinley suggested waiting to vote on the matter until the Planning Commission has provided comments to the Commissioners. August 6, 2013 Page 8 The Commissioners took no action on the proposal. Staff was directed to place the matter on a future agenda after receiving the Planning Commission's comments. ROAD TRANSFER AGREEMENT FOR PORTIONS OF HAVEN ROAD AND OUTER DRIVE Rob Slocum, Deputy Director, Public Works, requested approval of a Road Transfer Agreement with the City of Hagerstown for portions of Haven Road and Outer Drive that were recently annexed by the City of Hagerstown. Mr. Slocum indicated that the County now maintains the roads and execution of the Agreement would provide continuity regarding the road's right of way and the jurisdiction in which it is located. Commissioner Barr, seconded by McKinley, moved to approve a Road Transfer Agreement with the City of Hagerstown for portions of Haven Road and Outer Drive as presented. The motion passed unanimously. PROGRESS STATUS AND UPDATE ON VARIOUS PROJECTS AND CUSTOMER SERVICES PERFORMED BY ENGINEERING AND CONSTRUCTION AND THE DIVISION OF PUBLIC WORKS Rob Slocum presented a progress report on various projects and customer services performed by the Division of Engineering and Construction and the Department of Public Works. He reviewed several key projects including the Valley Mall Road and Marble Quarry Road Bridge improvements, the Washington County Central Library renovation and expansion, Robinwood Drive Il, and Yale Drive. Mr. Slocum reviewed the pavement maintenance and rehabilitation program for this season and advised that 75 miles of roadway are planned to be treated in 2014. Year to date, the inspection staff has responded to 315 service requests from citizens and businesses in Washington County. He displayed design plans for the Senior Community Center that should be completed in late 2014. The Commissioners discussed several projects with Mr. Slocum and thanked him and his staff for the work they perform. CERTIFICATE OF APPRECIATION — DAVID POOL The Commissioners presented a Certificate of Appreciation to David Pool in recognition of his service as a member and past chair of the Board of Social Services. David Engle, Director of the Department of Social Services, enumerated Mr. Pool's contributions and volunteerism while serving on the Board. The Commissioners thanked Mr. Pool for his dedication and service to the community. WASHINGTON COUNTY FIRE AND RESCUE STRATEGIC PLAN Kevin Lewis, Director, Division of Emergency Services, and Oley Griffith, Chief of the Boonsboro Volunteer Fire Company, provided an informational presentation of the Strategic Plan for Washington County Fire and Rescue Services (Plan). Mr. Lewis advised that the Fire Plan Committee comprised of members of the Washington County Division of Emergency Services (DES) and the Washington County Volunteer Fire and Rescue Association (WCVFRA) has met once a month to discuss various components of the Plan. August 6, 2013 Page 9 The goal is to preserve the volunteer component of the fire and rescue system and enhance the level of fire and rescue services provided to the citizens of Washington County. Mr. Lewis indicated that Phase I identified the top needs essential to preserve the volunteer fire and rescue system and began a discussion of standards that would be set for the volunteer companies in turn for receiving additional funding. Chief Griffith discussed issues of importance listed on surveys completed by volunteer companies such as annual equipment testing, fuel reimbursement, staffing, and apparatus/equipment maintenance costs. The Commissioners discussed the information presented and directed that an update be presented in three months during a regularly scheduled Commissioners' meeting. CONVENE IN CLOSED SESSION Commissioner Barr, seconded by McKinley, moved to convene in closed session at 4:12 p.m. discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, and/or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; 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 the potential appointment of an individual to a County Board over which the Commissioners have appointment authority. During closed session, the Commissioners instructed staff to bring forth the potential reappointment for further consideration and discussion during a future open session meeting. Present during closed session were Commissioners Terry L. Baker, John F. Barr, Jeffrey A. Cline, Ruth Anne Callaham, 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 McKinley, seconded by Cline, moved to adjourn at 4:16 p.m. The motion passed unanimously. The Commissioners attended a tour of the Washington County Humane Society, 13011 Maugansville Road, Hagerstown. Gregory B. urray, C my Administrator John M. Martirano, ounty At ey Vicki C. Lumm, County Clerk