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HomeMy WebLinkAbout10.01.2013 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland October 1, 2013 JOINT MEETING WITH WASHINGTON COUNTY BOARD OF EDUCATION The Board of County Commissioners met jointly with the Board of Education in Room 255, 100 West Washington Street, Hagerstown. County Commissioner President Terry L. Baker called the meeting to order at 8:41 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. FOURTH QUARTER BUDGET ADJUSTMENTS - BOARD OF EDUCATION FY 2013 GENERAL FUND BUDGET Chris South, Chief Financial Officer, Washington County Public Schools, requested adjustments to the Fourth Quarter FY 2013 General Fund Budget by decreasing the following categories: Administration - $91,613, Mid -Level Administration - $8,966, Instructional Salaries - $1,013,315, Other Instructional Costs - $59,603, Special Education - $256,769, Student Personnel Services - $5,616, Student Health Services - $87,485, Operation of Plant - $493,731, Capital Outlay - $4,744, Food Service - $4,611, and Fixed Charges - $854,145; and by increasing the following categories: Revenue - $407,834, Instructional Textbooks and Supply - $42,878, Student Transportation Services - $27,975, and Maintenance of Plant - $223,705, for a net change in fund balance of $2,993,874. Mr. South discussed the details of the category changes. Commissioner Barr, seconded by McKinley, moved to approve the requested Fourth Quarter adjustments to the Board of Education's FY 2013 General Fund Budget. The motion passed unanimously. CONVENE IN CLOSED SESSION Commissioner Callaham, seconded by Barr, moved to convene in closed session at 8:50 a.m. to consider the acquisition of real property for a public purpose and matters directly related thereto, in accordance with Section 10-508(a) (3) of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed the possible acquisition of real property for public use, and discussed various issues related to such an acquisition with the elected members of the Board of Education, WCPS staff, and County Staff. During closed session, the Commissioners provided general direction to staff relating to the County's response to the issues discussed. 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 L. Sprecher, Assistant County Administrator; Vicki C. Lumm, County Clerk; John Martirano, County Attorney; Debra Murray, Finance October 1, 2013 Page 2 Director; Justin Hartings, Paul Bailey, Donna Brightman, Jacqueline Fischer, Karen Harshman, Wayne Ridenour, and Melissa Williams; and Washington County Public Schools staff members Dr. Clayton Wilcox, Chris South, Boyd Michael, Chad Criswell, and Anthony Trotta. RECONVENE IN OPEN SESSION Commissioner Barr, seconded by McKinley, moved to reconvene in open session at 9:20 a.m. in Room 227. The motion passed unanimously. CONVENE IN CLOSED SESSION Commissioner Barr, seconded by Cline, moved to convene in closed session at 9:30 a.m. to consult with counsel to obtain legal advice on a legal matter, in accordance with Section 10-508(a)(7) of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed several legal issues relating to a County ordinance with counsel and staff. During closed session, the Commissioners provided counsel and staff direction as to the legal issues discussed. 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 B. Murray, County Administrator; Sarah L. Sprecher, Assistant County Administrator; Vicki C. Lumm, County Clerk; John M. Martirano, County Attorney; Kirk C. Downey, Deputy County Attorney; and Stephen Goodrich, Director, Planning and Zoning. RECONVENE IN OPEN SESSION Commissioner Cline, seconded by McKinley, moved to reconvene in open session at 9:48 a.m. The motion passed unanimously. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barr gave 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 9:49 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 — SEPTEMBER 24.2013 Commissioner Barr, seconded by McKinley, moved to approve the minutes of September 24, 2013. The motion passed unanimously. October 1, 2013 Page 3 EARLY VOTING LOCATION Roger Schlossberg, Attorney for the Washington County Board of Elections, and Kay Robucci, Election Director, introduced John Benchoff, Board President, and several Board members in attendance. Mr. Schlossberg discussed the ongoing search to locate a permanent location for early voting. The temporary early voting location for next year's election will be the former Phoenix Color building located on Western Maryland Parkway. The Commissioners discussed the issue including the possibility of planning a capital project to accommodate a permanent location. COMMISSIONERS' REPORTS AND COMMENTS Commissioner McKinley attended the Greater Hagerstown Committee's Education Forum and participated in a cystic fibrosis clay bird shoot fundraiser. He attended the Business Roundup at the Rodeo Jam and commended the organizers of both events. Mr. McKinley attended the Girls Inc. Grapes for Girls fundraiser at Cortland Manor and a picnic sponsored by the Citizens for the Restoration of Fire and Rescue Services to District 12. (Commissioner McKinley left the meeting at 10:22 a.m.) Commissioner Barr attended the Miller House "More than Antietam" exhibit and the Startup Maryland bus tour for entrepreneurs. He commended organizers of the Thunder in the Square event in downtown Hagerstown where he judged 410 participating vehicles. Mr. Barr was present at the Rodeo Jam. He sponsored the Wilson Ruritan Club's spaghetti dinner and enjoyed the Maugansville Ruritan Club's pancake breakfast. Commissioner Barr attended the Fairplay citizens' group picnic and spoke at the Home Builders monthly meeting. He stated that he would be in Annapolis later this week for Maryland Association of Counties (MACo) obligations. Commissioner Callaham reported attending the Fairplay citizens' group picnic, Chamber of Commerce annual meeting, and the Startup Maryland event. She and Commissioner Cline attended the Eagle Scout Court of Honor ceremony for Craig Robert Koons, who is joining a Marines reserve unit. Ms. Callaham enjoyed attending the Smithsburg Steam and Craft Show. Commissioner Cline and several Commissioners attended the opening of the new medical center located inside the Volvo Powertrain facility. He visited the new Miller House exhibit. Mr. Cline participated in the Business Roundup at the Rodeo Jam. He congratulated Craig Robert Koons for earning his Eagle Scout designation. Mr. Cline attended the Girls Inc. fundraiser and Thunder in the Square. He enjoyed the Fairplay citizens' group picnic, Wilson Ruritan Club spaghetti dinner, and the Maugansville Ruritan Club pancake breakfast. Commissioner Cline attended the Emergency Services Advisory Council meeting. Commissioner Baker reported presenting a proclamation to Lex Gillette, a blind Paralympic athlete visiting Hagerstown, who is the official record holder for the Men's Long Jump event. He attended the off road vehicle public meeting in Hancock held by the October 1, 2013 Page 4 Department of Natural Resources. Mr. Baker reported on discussions during a Washington County Museum of Fine Arts board meeting concerning conducting a major fundraiser and hiring a museum curator. Mr. Baker referenced the Commissioners' planned public hearing at 3:00 p.m. regarding the redevelopment plan for Emerald Pointe. He recommended that an evening public hearing be held to obtain comments of citizens who are unable to attend the daytime hearing. The Commissioners discussed the proposal and it was their consensus to wait until the afternoon public hearing with the Planning Commission to decide on the recommendation. OTHER BUSINESS Countv Attornev Adeauate Public Facilities Ordinance Alternative Mitip-ation Contribution (AMC) Deputy County Attorney Kirk C. Downey advised that while staff was drafting the final language for the AMC amendment, it was determined that some verbiage revisions were necessary. As a result, staff is recommending that the final version be taken to public hearing to obtain further public comment. The proposed language would be available for the public's review and the public hearing would be properly advertised. Commissioner Barr, seconded by Callaham, moved to hold a public hearing relating to the most recently proposed AMC verbiage in the APFO. (4-0, Commissioner McKinley was absent.) Houck Avenue —Conveyance of Real Prooertv Attorney Downey stated that the construction of the Sleep Inn located in Clear Spring necessitated improvements to Houck Avenue. The State Highway Administration has conveyed certain unneeded land to the County and the County has agreed to convey that land to the property owner who had provided land for the improvements to that roadway. Mr. Downey indicated that the legal advertising requirements have been met. Commissioner Barr, seconded by Cline, moved to convey the Houck Avenue property to Houck Avenue, LLC as presented. The motion passed unanimously (4-0, Commissioner McKinley was absent.) (Ordinance ORD -2013-26 is located in the County Commissioners' Office.) Countv Clerk - Annointments to Boards/Commissions Washinp-ton County Agricultural Marketing Advisory Committee Commissioner Barr, seconded by Cline, moved to reappoint Tom Riford to serve a second, three-year term on the Washington County Agricultural Marketing Advisory Committee through September 30, 2016. The motion passed unanimously. (4-0, Commissioner McKinley was absent.) October 1, 2013 Page 5 Washinaton Countv Emeraencv Services Advisory Council Commissioner Cline, seconded by Barr, moved to appoint C. Kingsley Poole to serve an unfulfilled term on the Washington County Emergency Services Advisory Council through March 31, 2015. The motion passed unanimously. (4-0, Commissioner McKinley was absent.) Washinaton Countv Gamina Commission Commissioner Barr, seconded by Callaham, moved to appoint Mark Jordan to serve a first, two-year term on the Washington County Gaming Commission through September 30, 2015. The motion passed unanimously. (4-0, Commissioner McKinley was absent.) Countv Administrator County Administrator Greg Murray indicated that the Commissioners had previously agreed, as proposed by Commissioner Callaham, to prepare a letter to the Board of Education recommending that a Golden Apple Award be given to the Ag Expo and Fair Board volunteers. It was the consensuses of the Commissioners to have President Baker sign the letter on their behalf. Mr. Murray congratulated the Public Relations staff for the successful Business Roundup event held during the Rodeo Jam. REPORTS FROM COUNTY STAFF Health and Human Services Debbie Peyton, Benefits Administrator, Health and Human Services, requested approval to advertise and hire for two budgeted, full-time positions: 1) Skilled Tradesworker, Grade 9, Division of Environmental Management, and, 2) Senior Grant Manager, Grade 13, Office of Community Grant Management. Commissioner Callaham, seconded by Barr, moved to advertise and fill both positions as presented and to backfill any positions subsequently becoming vacant due to internal hiring. The motion passed unanimously. Commissioner Barr noted that representatives from Hagerstown, Indiana, a potential sister city with the City of Hagerstown, Maryland, are visiting in the area today. CITIZENS PARTICIPATION Gregory Snook, Chair of the Hagerstown Community College (HCC) Board of Trustees, and Carolyn Brooks, Immediate Past Chair, distributed copies of the newly published book "The Remarkable Journey of Hagerstown Community College, 1946-2012" written by Diane Weaver. Mr. Snook discussed the future focus of HCC including job training and Science, Technology, Engineering, and Mathematics (STEM) programs. The Commissioners recognized the individuals for their volunteerism in the community and thanked them for sharing copies of the book. October 1, 2013 Page 6 REPORTS FROM COUNTY STAFF (continued) Public Relations and Communitv Affairs James Jenkins, Public Relations Manager, discussed the new website created to keep citizens informed of progress on the improvements now underway at the Robinwood Drive corridor. He indicated that a dedicated twitter feed and text alert system has been created along with a Facebook page. Purchasina Department — Professional Certification of Tina Daaenhart Purchasing Director Karen Luther recognized Tina Dagenhart, Procurement Specialist I, for attaining her Certified Professional Public Buyer certification. Ms. Dagenhart also recently attained her Bachelor of Arts degree. Ms. Luther stated that Tina has been instrumental in disposing of County surplus items on GovDeals.com and has recouped approximately $50,000 thus far. The Commissioners presented a certificate to Ms. Dagenhart in recognition of the accomplishment and commended her work ethic. PROCLAMATION - ECONOMIC DEVELOPMENT WEEK The Commissioners presented a proclamation to Economic Development Commission (EDC) Board Chair Daniel Pheil and EDC staff in recognition of Economic Development Week, observed September 30 - October 4, 2013. Mr. Pheil recognized staff and individuals who assist in economic development efforts. The Commissioners thanked Mr. Pheil and staff for their volunteer work to accomplish successful economic development endeavors in Washington County. INTENTION TO ABANDON AND CONVEY PROPERTY Joe Kuhna, Real Property Administrator, brought forward the proposal that the County abandon and convey Hollyhock Road, a roadbed located on the east side of Broadfording Road in Hagerstown, to Bowman Hollyhock, LLC, for no monetary consideration. A public hearing was held by the Commissioners on September 17 to obtain public comments regarding the matter. Ed Schreiber, Frederick, Seibert & Associates, discussed the property that is zoned commercial and located next to a proposed retail center. The Commissioners discussed the matter, noting that the property would be placed back on the tax rolls. Commissioner Barr, seconded by Cline, moved to adopt a Resolution to Abandon Hollyhock Road, and adopt an Ordinance to Declare Certain Real Property as Surplus Property and Approve the Conveyance of said Real Property. The motion passed unanimously. (4-0, Commissioner McKinley was absent.) (Resolution RS -2013-12 and Ordinance ORD -2013-27 are located in the County Commissioners' Office.) ALL FOR ONE FUNDRAISING RIBBON -CUTTING CEREMONY The Commissioners participated in a ribbon cutting for All for One Fundraising, a new at- home business operated by husband and wife team Chris and Katie Boggs. Chris Boggs discussed the new business that helps to raise money for individuals who have incurred unexpected financial hardship due to illness and other uncontrollable circumstances. The Commissioners wished Mr. Boggs much success in the couple's new endeavor. October 1, 2013 Page 7 RECESS The Commissioners recessed at 11:28 a.m. to attend a luncheon meeting with Brook Lane Board of Directors and staff, 13218 Brook Lane Drive, Hagerstown. AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 2:05 p.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. ONE MARYLAND BROADBAND NETWORK Ron Whitt, Director of Information Technologies, introduced Gregory Urban, Maryland Department of Information Technology's (MD DoIT) Deputy CIO. Mr. Urban discussed the MD DoIT management philosophy and policy regarding Washington County's One Maryland Broadband Network (OMBN) fiber infrastructure and what is covered under the federal OMBN grant. The first phase of OMBN was to bring broadband access to underserved and unserved areas of Maryland counties. The second phase of grant funding was geared toward government institutions, i.e., K-12 public schools, community colleges, public libraries, public safety, and public health institutions. Mr. Urban advised that 1069 institutions received broadband access and $1.85 million was invested in Washington County. The Commissioners discussed the lack of broadband access in several areas of the County and how to maximize the impact of the OMBN. They thanked Mr. Urban for the presentation. PROPOSED "WALK THROUGH PERMIT" INITIATIVE Jennifer Smith, Director, and Angela Smith, Deputy Director, Plan Review and Permitting, presented a proposal to implement a "Walk Through Permit" Initiative that would provide efficient and customer -friendly service and expedite the building and development permit process. Jennifer Smith described the proposal that offers same day permits for minor residential and commercial building projects such as the construction of a deck or storage shed on an existing residential structure or minor residential additions. She discussed special conditions that must be met prior to the permit application. The process would be implemented on Tuesdays and Thursdays between 8:00 a.m. and 12:00 p.m. and would be contingent upon the office being fully staffed, which it is not at the present time. The program could potentially begin in early November, which allows enough time to train employees in-house and develop educational materials for customers. The Commissioners discussed the proposal. Commissioner Barr, seconded by Callaham, moved to authorize implementation of the proposed Walk Through Permit Initiative as presented by the Division of Plan Review and Permitting. The motion passed unanimously. JOINT PUBLIC HEARING — EMERALD POINTE PUD FINAL DEVELOPMENT PLAN AMENDMENT (RZ-13-005) President Terry L. Baker convened a joint public hearing of the Board of County Commissioners of Washington County, Maryland and the Washington County Planning October 1, 2013 Page 8 Commission at 3:10 p.m. at 100 West Washington Street, Room 255, Hagerstown, to hear testimony regarding the Emerald Pointe Planned Unit Development (PUD) Final Development Plan Amendment (RZ-13-005). The property is owned by Emerald Pointe, Inc. and located on the east side of the Marsh Pike and the south side of Longmeadow Road in Election District 18. The Applicant, Fox & Associates, Inc., is requesting to modify the previously -approved PUD by 1) eliminating the 9,000 square foot commercial building from the interior area of the development; 2) expanding the community center to include additional amenities for the residents of Emerald pointe and the surrounding community; 3) building a new commercial area (in lieu of the interior commercial area) at the corner of Marsh Pike and Maryland Route 60 to replace the previously planned/approved Retirement Living Center; and 4) revising phase lines to reflect existing recorded plats and approved preliminary plats. In attendance were President Terry L. Baker, Vice President John F. Barr, and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Planning Commission members present were Chair Terry Reiber, Sam Ecker, Andrew Bowen, Clint Wiley, and Dennis Reeder. County staff members present were Greg Murray, County Administrator; John Martirano, County Attorney; Kirk C. Downey, Deputy County Attorney; Vicki Lumm, County Clerk; Lisa Kelly, Senior Planner, and Stephen Goodrich, Director, Planning and Zoning. Commissioner Barr announced that he was recusing himself from participation the matter due to his unrelated business interests with the owner of Emerald Pointe, Inc. He left the meeting room. Commissioner Baker inquired whether a Commissioner would entertain a motion to hold a second joint public hearing at 7:00 p.m. on another date due to comments received from citizens who were unable to attend the afternoon hearing. Commissioner Callaham, for discussion purposes, moved to hold a second evening joint public hearing. The motion died for lack of a second. Deputy County Attorney Kirk C. Downey reviewed the procedures for the Joint Public Hearing and County Clerk Vicki Lumm administered the oath to those who planned to give testimony. Lisa Kelly, Senior Planner, presented the Staff Report dated October 1, 2013 for RZ-13-005 on behalf of the Washington County Department of Planning and Zoning. Stephen Goodrich, Director, advised that the redevelopment plan amendment was not a rezoning. He indicated that all public comments received in any form would be made part of the official record of the case. Ms. Kelly stated that citizens may contact the Office of Planning and Zoning to review the case file if desired. Jason Divelbiss, attorney for the developer, presented the Emerald Pointe PUD Final Development Plan Amendment and offered thirteen exhibits into evidence. October 1, 2013 Page 9 Twenty-two speakers provided testimony; eighteen testified against the proposal, three were in favor, and one spoke of the benefits for both sides. There were no questions or comments offered by the County Commissioners or Planning Commission members. Jason Divelbiss provided rebuttal on behalf of the developer. President Baker commented that as President, he could not make a motion to hold a second joint public hearing in the evening, but did support doing so. Commissioner McKinley, seconded by Cline, moved to hold a second joint public hearing with the Planning Commission in the evening to be scheduled in the coming weeks. Commissioner Cline agreed that a second public hearing should be held. Planning Commission Chair Terry Reiber indicated that members reached a consensus to support an additional joint public hearing to be held in the evening at the Washington County Circuit Courthouse. The motion passed unanimously (4-0, Commissioner Barr was absent.) Commissioner Baker adjourned the joint public hearing at 5:25 p.m. r Gregory B. M�irraY, County Administrator John M. Martirano, County orne Vicki C. Lumm, County Clerk