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
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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
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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
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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
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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
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John NVartirano, County Attorne
Vicki C. Lumm, County Clerk