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HomeMy WebLinkAbout10.22.2013 Minutesr BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland October 22, 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 9:09 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 and Jeffrey A. Cline. Commissioner William B. McKinley was absent. APPROVAL OF MINUTES — OCTOBER 15, 2013 Commissioner Barr, seconded by Cline, moved to approve the minutes of October 15, 2013. The motion passed unanimously. OTHER BUSINESS County Attorney - Conveyance of Real Propertv to the Board of Education Kirk C. Downey, Deputy County Attorney, requested approval of an Ordinance Authorizing the Conveyance of Certain Real Property situated on the north side of Hagers Crossing Drive, Election District No. 25, in the City of Hagerstown to the Board of Education. The property, consisting of approximately 16.52 acres, will be used for the construction of the new "West City" Elementary School. Mr. Downey indicated that the City of Hagerstown has amended the property's Planned Unit Development plan to allow for the construction of a school. Commissioner Barr, seconded by Callaham, moved to adopt the ordinance as presented. Commissioner Cline stated that he would vote in favor of the conveyance despite his earlier opposition to the acquisition of the property. Commissioner Baker stated that he would not vote in favor of the motion. The motion passed with Commissioners Barr, Callaham, and Cline voting "AYE" and Commissioner Baker "NO". (Commissioner McKinley was absent.) (Ordinance ORD -2013-28 is located in the County Commissioners' Office.) COMMISSIONERS' REPORTS AND COMMENTS Commissioner Cline thanked the Maugansville Ruritan Club for hosting last week's evening meeting of the Commissioners. He attended the Hagerstown Rotary club meeting where the guest speaker was lobbyist Michael Johansen. Mr. Cline attended the Agricultural Education Center Board meeting and Living History Days. He announced that members would be holding a country breakfast on November 9. Commissioner Cline attended the business outreach visit to the Millstone Manor Alpaca Farm. He was present October 22, 2013 Page 2 at the Washington County Fire and Rescue Association meeting and the Step `n Stride breast cancer walk. Mr. Cline enjoyed Hancock's Fall Fling and Dr. Salvagno's Joint Reunion dinner. Commissioner Callaham thanked all for their concerns for her husband during his current hospitalization. PUBLIC HEARING — PROPOSED TEXT AMENDMENT TO THE ADEOUATE PUBLIC FACILITIES ORDINANCE TO CREATE THE ALTERNATIVE MITIGATION CONTRIBUTION (APF -13-002) President Terry L. Baker convened a Public Hearing at 9:19 a.m. to obtain public comment on a proposed text amendment to the Adequate Public Facilities Ordinance (APFO) to create a process to establish an Alternative Mitigation Contribution (AMC) when schools exceed certain capacity thresholds. Stephen Goodrich, Director, Planning and Zoning, provided information on the proposed text amendment that creates a standardized formula to determine monetary contributions from developers when pupils generated by new development exceed certain adequacy thresholds for public schools. On August 27, 2013, after considering comments from the August 6, 2013 public hearing, the County Commissioners voted to direct staff to finalize the amendment language in the proposed text amendments to the APFO to maintain the senior housing exemption, require the Commissioners to review the AMC factor values prior to the end of the second year of each Board term, and provide that the AMC payment be due prior to plat recordation. On October 1, 2013, it was determined that some verbiage revisions were necessary to the amendment and the resolution establishing the factor values, and the Commissioners voted to take the final version to public hearing again to obtain further public comment. Mr. Goodrich discussed the latest version. He indicated that the proposal sets forth the process for calculating an AMC using average aggregate construction costs and pupil generation rates. He identified the average contribution amounts for townhomes, apartments, and single-family units. The public hearing was opened for public comment. Sassan Shaool, 11012 Shaool Place, Hagerstown, commented in favor of the amendment. Taylor Oliver, 19733 Leitersburg Pike, Hagerstown, commented in favor of the amendment. The meeting was opened for questions from the Commissioners. Commissioners Callaham, Barr, and Baker commented positively on the streamlined process that will allow developers and the County to more efficiently mitigate school inadequacies. The public hearing was closed at 9:31 a.m. Commissioner Barr, seconded by Cline, moved to adopt an Ordinance to Amend Certain Provisions of the Adequate Public Facilities Ordinance and adopt a Resolution to Establish the Values of Factors for Use in Determining an Alternate Mitigation Contribution a October 22, 2013 ' Page 3 Pursuant to Article 5 of the Adequate Public Facilities Ordinance. The motion passed unanimously. (4-0, Commissioner McKinley was absent.) (Ordinance No. ORD -2013-29 and Resolution RS -2013-14 are located in the County Commissioners' Office.) EMERGENCY SERVICES FISCAL POLICY Debra Murray, Finance Director, reviewed an amended Emergency Services Fiscal Policy that creates a clearer, more transparent reporting process for both the County and Emergency Service companies. Ms. Murray thanked the Washington County Volunteer Fire and Rescue Association (WCVFRA), the County's legal department, the Division Emergency Services, and other advisors for their input regarding the policy revisions that address various areas of compliance and reporting. The revised policy moves all fiscal reporting to the County's Finance office, makes electronic filing an option, and includes Internal Revenue Service Form 990. The Commissioners discussed the matter. Dale Hill, WCVFRA President, endorsed the amended policy and thanked Debra Murray and staff for full cooperation between the parties. Commissioner Cline, seconded by Callaham, moved to approve the Emergency Services Fiscal Policy as presented. The motion passed unanimously. (4-0, Commissioner McKinley was absent.) (Commissioner Callaham left the meeting at 9:50 a.m.) PUBLIC HEARING — INTENTION TO ABANDON AND CONVEY PROPERTY President Terry L. Baker convened a Public Hearing at 10:00 a.m. to obtain public comment regarding the County's intention to abandon and convey part of an old County roadbed located at 13931 Heavenly Acres Ridge, Hancock, consisting of 0.539 acres for no monetary consideration. Joe Kuhna, Real Property Administrator, stated that property owner Charolette Northcraft has requested that the County abandon the roadbed that runs through her property. He indicated that it is not functioning as a public roadway and the County and State Highway Administration have no interest in the roadbed. The hearing was opened for public comment. Attorney Edward Kuczynski, representing property owner Charolette Northcraft and her son Steven Northcraft, submitted copies of correspondence and suggested survey descriptions of the subject property for the official record (Exhibit 1). The public hearing was closed at 10:05 a.m. The meeting was opened for questions from the Commissioners. The Commissioners confirmed with Mr. Kuhna that the property would now become a taxable property. Commissioner Cline, seconded by Barr, moved to abandon and convey part of an old County roadbed located at 13931 Heavenly Acres Ridge, Hancock, for no monetary consideration as presented, and to approve the proposed ordinance and resolution. The October 22, 2013 Page 4 motion passed unanimously. (3-0, Commissioners McKinley and Callaham were absent.) (Resolution RS -2013-15 and Ordinance ORD -2013-30 are located in the County Commissioners' Office.) MARYLAND STATE DEPARTMENT OF EDUCATION GRANT AWARD FOR SCHOOL BASED HEALTH CENTERS Susan Buchanan, Grant Manager, Office of Community Grant Management, recommended acceptance of a grant award from the Maryland State Department of Education for the provision of School Based Health Centers in Washington County for fiscal 2014. The total award is $200,384. Ms. Buchanan indicated that Meritus Medical Center is the current recipient and sub -contractor for the funds. The centers, located at South Hagerstown High School and Western Heights Middle School, operate two days per week and provide exams, prescriptions, order lab work and assist with the management of chronic conditions. Commissioner Barr, seconded by Cline, moved to accept the $200,384 award from the Maryland State Department of Education for the provision of School Based Health Centers in Washington County for fiscal 2014. The motion passed unanimously. (3-0, Commissioners McKinley and Callaham were absent.) COMMISSIONERS REPORTS AND COMMENTS (cont.) Commissioner Barr reported on meetings he attended in Annapolis for the Maryland Association of Counties. Commissioner Baker offered condolences to the family of recently deceased County employee Bob Graff. He also offered well wishes to Art Callaham. Mr. Baker attended the Living History Days at the Agricultural Education Center. REPORTS FROM COUNTY STAFF Department of Business Development — Volvo Powertrain County Administrator Greg Murray discussed the recent announcement regarding the expansion of Volvo Powertrain that will result in the creation of approximately 240 jobs at the facility along with the retention of its current employees. The project is slated to occur over the next eighteen months. Robert Mandley, Project Coordinator, Department of Business Development, described the assistance given by the Department in negotiating the terms and conditions of incentives from the County and State of Maryland to accomplish the project. The Commissioners discussed the project, the economic benefits to Washington County, and Volvo's history and importance in the community. Commissioner Barr, seconded by Cline, moved to provide the $200,000 incentive specified for the project from the County's Hotel Rental Tax Fund, and to receive/accept $4 million from the Maryland Economic Development Assistance Authority and Fund (MEDAAF) from the State of Maryland that will pass through Washington County Government to Volvo Powertrain as an economic development incentive for the jobs to be retained and created by Volvo Powertrain during its planned expansion. The motion passed unanimously. (3-0, Commissioners McKinley and Callaham were absent.) October 22, 2013 Page 5 CITIZENS PARTICIPATION Phil Physioc, 20241 Beaver Creek Road, commented on gaining access to property in the Mt. Aetna area. Christopher Smith, Manor House Builders, commented on the Commissioners' successful Residential Stimulus Program and requested its extension. RESIDENTIAL STIMULUS PROGRAM SUMMARY Jennifer Smith, Public Works Director, and Angela Smith, Deputy Director, Division of Plan Review and Permitting, discussed results achieved by the County's Residential Stimulus Program sponsored by the Commissioners for various periods between March 2011 and September 2013. The program was developed to address high unemployment in the County by providing an incentive to new construction and was extended three times before expiring on September 30, 2013. Jennifer Smith reported the issuance of 690 permits during the period that resulted in approximately 1.2 million square feet of new residential space and 134,000 square feet of home additions. Total credits given by the County amounted to $2,537,674.24 or approximately 66% of the total excise tax that would have been due to the County. The new development raised the County's taxable base by approximately $1,023,840, which will result in future property tax revenue. Ms. Smith stated that homebuilders have indicated that additional worker layoffs in the industry were prevented because of the stimulus program. The Commissioners thanked the individuals for the report. CONVENE IN CLOSED SESSION Commissioner Cline, seconded by Barr, moved to convene in closed session at 10:31 a.m, to 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 had jurisdiction; and to discuss other personnel matters that affect one or more specific individuals; in accordance with Section 10-508(a) (1) of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. (3-0, Commissioners McKinley and Callaham were absent.) RECONVENE IN OPEN SESSION Commissioner Cline, seconded by Barr, moved to reconvene in open session at 10:32 a.m. The motion passed unanimously. CONVENE IN CLOSED SESSION Commissioner Cline, seconded by Barr, moved to convene in closed session at 10:33 a.m. to 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 had jurisdiction; and to discuss other personnel matters that affect one or more specific individuals; and to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain October 22, 2013 Page 6 in the State, in accordance with Sections 10-508(a) (1) and (4) of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. (3-0, Commissioners McKinley and Callaham were absent.) In closed session, the Commissioners discussed the potential appointment of an individual to a County Authority over which the Commissioners have appointment authority; discussed the potential reappointment of an individual to a County appointed position on a Planning Organization; briefly discussed a legal issue with counsel; and discussed the specifics relating to a proposal (including potential incentives) for a company to expand or locate its business operation in the County. During closed session, the Commissioners instructed staff to bring forth the potential appointment for further consideration and discussion during a future open session meeting; instructed staff to bring forth the potential reappointment for further consideration and discussion during a future open session meeting; and provided direction to staff relating to the continuing discussions with a company hoping to expand or locate its business operation in the County. Present during closed session were Commissioners Terry L. Baker, John F. Barr, Jeffrey A. Cline, and Ruth Anne Callaham. Also present were Gregory Murray, County Administrator; Sarah Sprecher, Assistant County Administrator; Vicki Lumm, County Clerk; John M. Martirano, County Attorney; and Robert Mandley, Project Coordinator, Department of Business Development. ADJOURNMENT Commissioner Cline, seconded by Barr, moved to adjourn at 11:12 a.m. The motion passed unanimously. The Commissioners attended a 40th Anniversary celebration of the Washington County Commission on Aging at 140 West Franklin Street, Hagerstown. Gre �ro� ; B. 11rra , C'oui-t Administrator Y Y Y John NVartirano, County Attorne Vicki C. Lumm, County Clerk