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
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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
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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
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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
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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
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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