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HomeMy WebLinkAbout12.17.2013 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland December 17, 2013 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 9:20 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 — DECEMBER 10, 2013 Commissioner Barr, seconded by Callaham, moved to approve the minutes of December 10, 2013. The motion passed unanimously. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Cline reported that he and his fellow Commissioners divided their attendance between breakfasts this morning sponsored by the Hagerstown/Washington County Convention and Visitors Bureau and the Washington County Volunteer Fire and Rescue Association. He reported attending the Maryland Association of Counties (MACo) Winter Conference last week in Cambridge, Maryland. Mr. Cline congratulated Commissioner Barr for being elected the Second Vice President of MACo. He attended the Leadership Washington County holiday gathering at the Washington County Museum of Fine Arts and the Olde Tyme Christmas event in Funkstown. Commissioner Cline attended the naming ceremony at Hagerstown Community College's Athletic, Recreation, and Community Center (ARCC) for Jim Brown, Marlys Palmer, and Al Shaffer, Sr. Commissioner Callaham reported on a joint committee meeting of the Hagerstown -Eastern Panhandle Metropolitan Planning Organization to discuss its search for a new executive director. She attended the informative presentation of the Yale Drive project to the Hagerstown Rotary last week by Director of Engineering and Construction Management Rob Slocum. Ms. Callaham reported meeting with House Minority Leader Delegate Nick Kipke during last week's MACo Winter Conference. She also spoke with Senator Barbara Mikulski's State Director who indicated that additional Housing and Urban Development funds were being released for jurisdictions impacted by Hurricane Sandy. Commissioner Callaham reported on a Black Rock Golf Board meeting and thanked the County's Public Relations team for helping to develop a new logo that will soon be revealed. Commissioner Barr reported on meetings he attended during the MACo Winter Conference and his new position as its Second Vice President. December 17, 2013 Page 2 Commissioner McKinley attended the Agricultural Land Preservation Board meeting where conversation centered on the best use of limited preservation dollars to maintain the rural atmosphere of Washington County. He attended the ARCC naming dedication ceremony and acknowledged senior volunteers working the concession stand that earns funds toward HCC scholarships. The ARCC foyer was named after Al Shaffer and his volunteers. Mr. McKinley praised the Funkstown Olde Tyme Christmas event sponsored by the town. He publicly thanked outgoing Hagerstown/Washington County Convention and Visitors Bureau President Tom Riford for his work to on behalf of County citizens and wished him well in his future employment. Commissioner Baker attended the Social Services Board and office staff Christmas luncheon and recognized the organization for its important work in the community. He attended the Washington County Fire Police holiday gathering and conveyed the volunteers' appreciation to the Commissioners for providing new emergency coats. Mr. Baker attended several Toys for Tots restaurant fundraising events and the ARCC naming ceremony. He wished County citizens a merry Christmas and the local Delegation much success in the 2014 legislative session. OTHER BUSINESS Countv Administrator County Administrator Gregory Murray reported attending the MACo Winter Conference and indicated that State Senate President Mike Miller discussed the statute that requires State's Attorneys' involvement in bail bond review. Mr. Murray recently met with Washington County State's Attorney Charles Strong regarding this "unfunded mandate" that may affect the County's upcoming budget. REPORTS FROM COUNTY STAFF Health and Human Services Stephanie Stone, Director, Health and Human Services, requested approval to advertise and hire a budgeted full-time, Grade 6, Motor Equipment I Operator position in the Highway Department due to a retirement. Commissioner Barr, seconded by McKinley, moved to advertise and fill the position as presented. The motion passed unanimously. Public Relations and Communitv Affairs Sarah Sprecher, Assistant County Administrator, introduced new Communications Coordinator, Lauren Pogue. Lauren is currently pursuing a degree in graphic design. The Commissioners welcomed Ms. Pogue and wished her well in the position. ADOPTION OF ZONING ORDINANCE TEXT AMENDMENT (RZ-13-006) DEFINITION OF SANITARY LANDFILL Kirk C. Downey, Deputy County Attorney, advised that all legal requirements have been met regarding the adoption of the text amendment RZ-13-006 that amends the definition of a "Sanitary Landfill" in the Washington County Zoning Ordinance. He indicated that the December 17, 2013 Page 3 existing definition does not reflect current landfill technology and practices, including recycling and other options for the treatment and conversion of waste. Mr. Downey indicated that the Commissioners requested clarification that the provision for recycling activities as a Sanitary Landfill does not preclude the institution of Recycling Facilities at other locations in the County. That language has been added pursuant to the direction given during the December 10, 2013 meeting. Commissioner Barr, seconded by McKinley, moved to adopt an ordinance amending the definition of "Sanitary Landfill" in the Zoning Ordinance under application No. RZ-13- 006. The motion passed unanimously. (Ordinance ORD -2013-34 is located in the County Commissioners' Office.) SUSTAINABLE GROWTH AND AGRICULTURE PRESERVATION ACT OF 2012 (SEPTIC BILL OR TIERS MAP) Stephen Goodrich, Director, and Jill Baker, Chief Planner, Planning and Zoning, presented an update and sought direction from the County Commissioners regarding the Sustainable Growth and Agricultural Preservation Act of 2012, also known as the Septic Bill or Tiers Map. County Administrator Greg Murray provided a brief history of the controversial matter that affects development in rural counties more than urban counties. The County Commissioners have not yet approved the septic tiers maps for Washington County. Mr. Goodrich referred to the County's December 4, 2012 public hearing on a proposed tier map that the County declined to adopt. Long term repercussions of not adopting a tier map, such as additional legislation, are speculation (or unknown) at this time. However, it is certain that not adopting a tier map is the most restrictive situation for local development approval. Jill Baker discussed the process taken thus far to have the Maryland Department of Planning review alternative tier mapping proposals. She referred to the County's Draft Map 1 and Map 3, with Map 3 consisting of the most restrictive zoning districts. The Commissioners debated the impact of adopting either map and the effect on local development. They discussed the Rural County Coalition's involvement in the matter and the discussions among similar rural county representatives during the recent MACo Winter Conference. It was the consensus of the Commissioners not to adopt a map at this time, but to direct staff to review additional options regarding development planned in the near future and proposals for maps that may be acceptable to the County and State. PUBLIC HEARING — LAND PRESERVATION, PARKS, AND RECREATION PLAN President Terry L. Baker convened a public hearing at 10:22 a.m. to obtain public comment on proposed amendments to the County's Land Preservation, Parks and Recreation Plan (LPPRP). Stephen Goodrich, Director, Planning and Zoning, indicated that Maryland's Program Open Space (POS) laws require the State and all Maryland counties to have current and adopted LPPRPs in place as a guide for related activities and December 17, 2013 Page 4 expenditures of POS funds. The County's current LPPRP plan was approved in 2005. The amendment process included a complete evaluation of the document to update population, acreage and use data, State and County land use policies, and recommendations for future implementation. The amended document was presented in multiple public informational meetings and citizen comments were included in the draft Plan. Fred Nugent, Parks and Environmental Planner, Planning and Zoning, reviewed the LPPRP and noted that it serves to evaluate current open space opportunities, analyze future impacts from growth, and develop a coordinated plan to address future open space needs. He recommended that Washington County continue its compliance with State requirements to continue the benefits to citizens that come with the related State funding of parks and recreation and expend funds in a cost-effective manner. The public hearing was opened for public comment. Phil Physioc, 20241 Beaver Creek Road, Hagerstown, commented on government involvement in land use. The meeting was opened for questions from the Commissioners. Commissioners Baker and Cline commented on the acreage per person figures recommended by the State. Commissioner Callaham referred to Number 9 under "Recommendations" that states the construction of an indoor pool would be based on survey results. She recommended that the decision be based on an economic analysis of benefits versus cost. The public hearing was closed at 10:42 a.m. Commissioner Cline, seconded by Callaham, moved to approve the proposed amendment and update of the Washington County Land Preservation, Parks and Recreation Plan. The motion passed unanimously. CITIZENS' PARTICIPATION Phil Physioc, 20241 Beaver Creek Road, Hagerstown, commented on the possibility of gaining access to property in the Mt. Aetna area. INSURANCE RENEWAL — WASHINGTON COUNTY FIRE AND RESCUE COMPANIES COMMERCIAL PROPERTY, AUTO AND CASUALTY AND WORKERS COMPENSATION COVERAGE Becky Maginnis, Risk Management Administrator, and Ed Seward of CBIZ Insurance Services, Inc., discussed increased costs for Washington County Fire and Rescue Companies Commercial Property, Auto and Casualty, and Workers Compensation insurance coverage. The fire and rescue insurance program premium for renewal year January 1, 2014 to January 1, 2015 shows an overall 34.5% increase (4.4% for commercial coverage and 56% for workers compensation). Ms. Maginnis explained the rationale as to why insurance coverage costs for this risk exposure continue to rise nationwide, including presumption claims that allow volunteers, including social volunteers, to seek payment for illnesses or injuries they believe are work-related. Such claims are a statutory requirement December 17, 2013 Page 5 in Maryland. Mr. Seward indicated that he negotiated a reduction of the initial workers compensation premium quote from Selective Insurance Company down from $1.6 million to $1,250,093. The commercial package premium quote is $595,405. The Commissioners discussed the proposal including quotes from other insurance companies, presumption claims, and whether the County's increased contribution toward member physicals is serving to ensure healthy volunteers and contain the cost of premiums. Commissioner Callaham requested to obtain alternatives to stem the tide of rising costs and the statutory requirement of presumption claims that insurance companies must abide by. Commissioner Callaham, seconded by McKinley, moved to accept the Selective Insurance Company quote of $1,250,093 for renewal of the workers compensation premium, and $595,405 for renewal of the commercial package premium, as stated in the Agenda Report Form. Commissioner Baker requested an earlier presentation of the matter in 2014, if possible. The motion passed unanimously. FIRST OUARTER BUDGET ADJUSTMENTS - BOARD OF EDUCATION FY 2014 GENERAL FUND BUDGET Chris South, Chief Financial Officer, Washington County Public Schools, requested adjustments to the First Quarter FY 2014 General Fund Budget by decreasing the following categories: Revenue - $1,068,617, Other Instructional Costs - $172,240, Capital Outlay - $490,855, and Fixed Charges - $547,707; and by increasing the following categories: Administration - $42,000, Mid -Level Administration - $61,985, Instructional Textbooks and Supply - $6,700, and Student Health Services - $31,500, for a zero net change in the fund balance. Mr. South provided details of the category changes. Commissioner Barr, seconded by McKinley, moved to approve the requested First Quarter adjustments to the Board of Education's FY 2014 General Fund Budget. The motion passed unanimously. PUBLIC HEARING - FOREST CONSERVATION ORDINANCE AMENDMENTS President Baker convened a public hearing at 11:19 a.m. to obtain public comment on proposed amendments to the Forest Conservation Ordinance (FCO). Stephen Goodrich, Director, and Fred Nugent, Parks and Environmental Planner, Planning and Zoning, presented information on the three categories of amendments that include reducing the threshold where mitigation may be required from 40,000 square feet of disturbance to 20,000 square feet. The second category involves recommendations from a study committee appointed by the County Commissioners and includes the modification of stream definition, extending the maintenance period for bare root seedlings to three years, disallowing overlapping easements, and requiring a variance to disturb or remove trees that are endangered, historic, champion, or greater than thirty inches in diameter. The third category of changes are recommended by staff to improve the administration and effectiveness of the FCO to accommodate other land use rules that have changed, and to modify some procedures based on twenty years of implementation experience. These December 17, 2013 Page 6 include adding new definitions and zoning district references, allowing mitigation with street trees, and limiting the use of retention and planting easements in large subdivisions on individual and/or small lots. A final amendment is included at the suggestion of an individual landowner, Trust Properties Inc., that changes the effective period for Declarations of Intent to five years, the minimum required by the State law, instead of the County's current longer, but permissible, ten years. The Commissioners discussed the "payment in lieu of planting" fees that would increase from $0.10 per square foot to $0.30 per square foot for properties within the County's Priority Funding Areas, and $0.36 per square foot outside those areas, all as a result of State mandates. The County's current fee of $0.10 per square foot does not comply with the State standard that sets the minimum standards to be met when applied during the development review process. Mr. Goodrich noted that the fees are not punitive but serve to discourage planting off-site. All monies collected go toward planting new forests, protecting existing forests, or the long-term maintenance of forests in Washington County. The fees are proposed to be set via an accompanying resolution. The public hearing was opened for public comment. Elmer Weibley, District Manager, Washington County Soil Conservation District, read comments on behalf of the District, and requested that the printed copy of those comments be entered into the record (Exhibit #1). He recommended adoption of the revised ordinance and resolution as submitted. The meeting was opened for questions from the Commissioners. Commissioner McKinley discussed the practice of "banking" and offering credit for off-site mitigation. Mr. Goodrich advised that banking could be added to the FCO later when the proper mechanisms are in place. He indicated that twice the amount of forest must be put under easement if off-site credit is used. The State's top priority is to protect or create new forest on-site versus compensatory planting off-site. Commissioner Callaham referred to email comments received this morning and Commissioner Baker discussed timber harvesting. The public hearing was closed at 11:50 a.m. Commissioner Callaham, seconded by Cline, moved to approve the proposed amendments to the Washington County Forest Conservation Ordinance and the companion resolution "Enacting Fee System for Washington County, Maryland Forest Conservation Ordinance." The motion passed with Commissioners Callaham, Cline, and McKinley voting "AYE" and Commissioners Barr and Baker "NO." (Ordinance No. 2013-35 and Resolution RS - 2013 -20 are located in the County Commissioners' Office.) TRANSIT DEPARTMENT - INTERGOVERNMENTAL COOPERATIVE PURCHASE OF TWO BUSES Karen Luther, Purchasing Director, and Kevin Cerrone, Transit Director, requested approval to authorize by resolution, an Intergovernmental Cooperative Purchase for the Transit Department to purchase two medium -duty buses from Eldorado National - California, Inc. of Riverside, California, dealing through American Truck and Bus, Inc., December 17, 2013 Page 7 doing business as American Bus Sales and Service of Annapolis, Maryland. Ms. Luther stated that the cost of each bus is $219,540.80 for a total of $439,081.60. Local funds of 10% or $44,000 are budgeted in the Transit Department's Capital Improvement Project plan. The Federal Transportation Administration (FTA) is contributing 80% or $352,000 and the Maryland Transit Administration (MTA) 10% or $44,000. The County is proposing to utilize another jurisdiction's contract that was awarded by the State of Minnesota Department of Administration—Materials Management Division, and approved by the FTA. The award will be contingent upon approval by the MTA. Mr. Cerrone described the buses that will replace two vehicles that are nine years old with over 210,000 miles each, which exceeds the MTA standard useful life criteria. The Commissioners discussed the purchase. Commissioner McKinley, seconded by Callaham, moved to authorize by resolution an Intergovernmental Cooperative Purchase for the Transit Department as presented. The motion passed unanimously. (Resolution RS -2013-21 is located in the County Commissioners' Office.) WASHINGTON COUNTY EMPLOYEES — GOING FOR THE GOLD GRADUATION Stephanie Stone, Director, and Brian Overcash, Safety Administrator, Health and Human Services, introduced twenty graduates of the "Going for the Gold" employee training program sponsored by Washington County Government and conducted by Hagerstown Community College (HCC). Mr. Overcash described the program that enables employees to take non-credit, continuing education classes that enhance their skills and may enhance the possibility of future promotion. He also introduced several HCC personnel. Graduates honored were Becky Shank, Plan Review and Permitting; Alan Crawford, Emergency Services; Davina Yutzy, Dave Mason, Bill Blair, Ben Harbaugh, Sarah Cappachione, and Alex Reed, Water Quality; Paul Hottinger, Mark Trumpower, Gary Naile, Tyler Priest, and Travis Lantz, Highway; Jessica Spring, Engineering; Corey True, Parks and Facilities; Sara Greaves and Brenda Lampard, Budget and Finance; and Rick Curry, Purchasing. The Commissioners congratulated all individuals for attaining the certification. RECESS The Commissioners recessed at 12:05 p.m. to attend a luncheon with the Going for the Gold recipients. AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:37 p.m. with the following members present: Commissioners John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. CONVENE IN CLOSED SESSION Commissioner Barr, seconded by McKinley, moved to convene in closed session at 1:37 p.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, December 17, 2013 Page 8 employees, or officials over whom this public body had 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 interviewed two potential candidates interested in serving on a County commission over which the Commissioners have appointment authority. During closed session, the Commissioners directed staff to schedule an interview with the third potential candidate for early January 2014. 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; and at various times two individuals who interviewed for a position on a County -appointed commission. RECONVENE IN OPEN SESSION Commissioner Barr, seconded by McKinley, moved to reconvene in open session at 2:01 p.m. The motion passed unanimously. INTERGOVERNMENTAL COOPERATIVE PURCHASE AND INSTALLATION OF SOFTBALL FIELD LIGHTING AT MARTY SNOOK MEMORIAL PARK Jim Sterling, Director, Parks and Facilities, and Rick Curry, Buyer, Purchasing, requested approval to authorize by resolution, an Intergovernmental Cooperative Purchase of light poles, accompanying electrical equipment, and installation services for softball field lighting at Marty Snook Memorial Park from Dalton Electric Service, Inc. of Burtonsville, Maryland for $189,633.60 (Softball Field No. 1) and 186,694.00 (Softball field No. 2) for the total sum of $379,327.60, and to utilize another jurisdiction's contract pricing that was awarded by Howard County, Maryland. Mr. Sterling indicated that the project involves replacing sixteen wooden light poles, 40 feet and 45 feet in height, with twelve metal light poles 60 feet and 70 feet in height, and accompanying light fixtures, wiring, and control panel. Funding of $385,000 for the project is budgeted in the Parks and Facilities Department's Capital Improvement Project account. The Commissioners discussed the project, the bid process, and their preference to use local contractors when appropriate. Commissioner Cline, seconded by Callaham, moved to authorize by resolution an Intergovernmental Cooperative Purchase of light poles, accompanying electrical equipment, and installation services for softball field lighting at Marty Snook Memorial Park as presented. Commissioners Cline and McKinley expressed concerns with the notice of bid process used for this matter and their preference to use local contractors when appropriate. The motion passed with Commissioners Cline, Callaham, and Baker voting "AYE" and Commissioners Barr and McKinley "NO." (Resolution RS -2013-22 is located in the County Commissioners' Office.) December 17, 2013 ' Page 9 HAGERSTOWN REGIONAL AIRPORT - COMPREHENSIVE MARKETING PLAN UPDATE Phil Ridenour, Airport Director, and James Jenkins, Public Relations Manager, presented information on the Airport Marketing Plan for the Hagerstown Regional Airport (HGR). Mr. Jenkins revealed a new logo and informative materials developed to market HGR that were displayed during the recent MACo Winter Conference. He discussed plans to promote Washington County as a "fly to" destination to individuals residing in the Orlando, Florida area via Allegiant Air flights into HGR. Mr. Jenkins stated that HGR is advertising in this month's What's Nxt magazine. Mr. Ridenour discussed the no cost "Ambassador Program" packets containing information on HGR that were developed to be used by the Commissioners, residents, and local businesses to display and/or distribute to outside individuals or groups. The Commissioners discussed several aspects of the marketing plan and thanked the individuals for the presentation. ADOPTION OF NEW COMMUNITY DEVELOPMENT BLOCK GRANT PLANS Susan Buchanan, Senior Grant Manager, Community Grant Management, requested adoption of the Fair Housing and Equal Opportunity (FHEO), Minority Business/Women Owned Business (MBE/WBE), and Section 3 Plans. The FHEO Plan ensures that the County complies with all statutes, regulations, and Executive Orders relating to civil rights, fair housing, non-discrimination and equal opportunity. As part of this plan, the County will commit to further fair housing by adopting a Fair Housing Proclamation and annually celebrating the month of April as Fair Housing Month. The Minority Business Plan requires the County to make good faith efforts to contract with MBE/WBE when contracting for goods and/or services for projects utilizing Community Development Block Grant (CDBG) funding. Once adopted, this plan will be incorporated into the County's Purchasing Policy. The Section 3 Plan requires the County to comply with Section 3 of the Housing and Urban Development Act of 1968 (as amended). Section 3 requires the Board to ensure, to the greatest extent possible and consistent with existing federal, State, and local laws and regulations, that employment and contracting opportunities are provided to low and very low-income persons. Section 3 applies to all contracts awarded for CDBG funded projects exceeding $100,000. These three policies, if adopted, will be effective for a three-year period and the County will continue to be eligible to receive funds throughout that time. Commissioner Cline, seconded by Barr, moved to adopt the Fair Housing and Equal Opportunity, Minority Business/Women Owned Business, and Section 3 Plans as presented. The motion passed unanimously. YOUTH MERITORIOUS AWARDS PRESENTATION — DECEMBER 2013 Jim Hovis, Director, Community Grant Management, introduced new Grants Manager Stephanie Lapole. The Commissioners welcomed Ms. Lapole and wished her well in the position. December 17, 2013 Page 10 The Commissioners presented a certificate of merit to Chase Dorsey, who was selected by the Washington County Community Partnership for Children and Families (WCCP) to receive a December 2013 Youth Meritorious Award. He was presented a Washington County lapel pin from the Commissioners and a $100 Staples gift card from the WCCP. The Commissioners commended him and his family for the accomplishment. ADJOURNMENT Commissioner Cline, seconded by McKinley, moved to adjourn at 2:50 p.m. The motion passed unanimously. Gregory B. urray, Co my Administrator John M. Martirano, County rmey Vicki C. Lumm, County Clerk