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HomeMy WebLinkAbout08.26.2014 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland August 26, 2014 The County Commissioners attended the Outstanding Conservation Farmer and Sustaining Conservation Farmer Awards ceremony at 7:30 a.m. sponsored by the Washington County Soil Conservation District at the Homewood Suites by Hilton, 1650 Pullman Lane, Hagerstown. At 9:00 a.m., the Commissioners attended a project launch with representatives of the Washington County Commission on Aging at the site of the new Washington County Senior Activities Center, 21 Willard Street, 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 10:11 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 — AUGUST 5, 2014 Commissioner Barr, seconded by McKinley, moved to approve the minutes of August 5, 2014. The motion passed unanimously. PUBLIC HEARING — REOUESTS BY ORGANIZATIONS TO BE ADDED TO THE SECTION 1-108 LIST President Terry L. Baker convened a Public Hearing at 10:12 a.m. to obtain public comment regarding requests received from Washington County nonprofit organizations to be added to the list of organizations to which the Board of County Commissioners may contribute funds, pursuant to Section 1-108 of the Code of Public Local Laws of Washiniaton Countv. Marvland (1-108 List). County Attorney John Martirano reviewed the process and indicated that being added to the list does not guarantee an organization will receive funding; that decision is made separately as part of the Community Organization Funding process and ultimately during the County's budgetary process. Two organizations requested addition to the 1-108 List: 1. Pittsburgh Institute of Aeronautics, Inc., a/k/a Pittsburgh Institute of Aeronautics 2. The Salvation Army The hearing was opened for public comment. Rochelle Morrell, Director of Development, The Salvation Army, spoke on behalf of the organization. August 26, 2014 Page 2 The public hearing was closed at 10:17 a.m. The meeting was opened for questions from the Commissioners. Commissioner Barr, seconded by Callaham, moved to approve a resolution adding the two proposed organizations to the 1-108 List. The motion passed unanimously. (Resolution No. RS -2014-15 is located in the County Commissioners' Office.) BUSINESS DEVELOPMENT DIRECTOR UPDATE Greg Murray, County Administrator, discussed the County's interview process conducted to secure a new Director of Business Development. He introduced Kathleen Lewis and recommended that she be hired for the position at a salary of $ 81,823 (Grade 17, Step 10.) Commissioner Barr, seconded by Callaham, moved to approve Kathleen Lewis as the Director of the Department of Business Development at a salary of $81,823 (Grade 17, Step 10.) Commissioner Baker wished Ms. Lewis well in the position but preferred that the vote be taken in November after a new County Commissioner Board is elected. The Commissioners discussed the recommendation. The motion passed with Commissioners Barr, Callaham, Cline, and McKinley voting "AYE" and Commissioner Baker "NO." CITIZENS PARTICIPATION Rose Marie Suder, 11415 Rock Hill Road, Hagerstown, thanked the Commissioners for placing a fence between neighboring property and a methadone clinic. She commented on the need for additional treatment methods for affected individuals. Bob Miller, 11405 Kemps Mill Road, Williamsport, commented on the methadone clinic location and recognized the Sheriff's Department for the police presence. Barbara Hovermill, 16286 Spielman Road, Williamsport, requested zoning amendments regarding clinic locations. R. Lee Downey, 11211 Kemps Mill Road, Williamsport, commented on the methadone clinic and suggested that this type of land use should be a special exception in the Highway Interchange zoning district. Elaine Fulcher 10518 Honeyfield Road, Williamsport, commented in favor of zoning amendments regarding methadone clinic locations. COMMISSIONERS REPORTS AND COMMENTS Commissioner Cline expressed his support of zoning amendments regarding methadone clinic locations. He attended the recognition event at Pen Mar Park to honor Jim and Fay Powers for their many years volunteering. He attended Augustoberfest in downtown Hagerstown and applauded the Pop -Up Shop vendors that participated in the event. Mr. Cline attended the morning groundbreaking ceremonies with his fellow Commissioners for the Senior Activities Center. August 26, 2014 `l Page 3 Commissioner Callaham praised the successful Pop -Up Shops event and recognized the Downtown Movement group working to improve Hagerstown's City Center. She reported speaking to a group of Japanese students from Tokyo attending an Orientation Camp on business in America. Ms. Callaham thanked the Soil Conservation District for sponsoring the morning awards ceremony. She thanked citizens who spoke on the methadone clinic and encouraged them to contact State regulatory boards that license such establishments regarding their concerns. Commissioner Barr reported on the recent Maryland Association of Counties (MACo) Summer Conference in Ocean City attended by several Commissioners and staff. He recognized Public Relations Manager James Jenkins and staff for their outstanding efforts during the conference to highlight Washington County. Mr. Barr noted the positive comments expressed to him by attendees regarding Washington County's educational and waste to energy initiatives. He recognized the Daughtridge family that was instrumental in initiating the Pop -Up Shop concept. Commissioner McKinley commented on a session he attended during the MACo conference regarding drug abuse in Maryland. He discussed the County's recent bond rating upgrade, a business magazine report rating Washington County as number one in the country for its economic recovery during recent poor economic times, and the Maryland Department of the Environment's positive review of the County's implementation of watershed planning. Mr. McKinley congratulated the Shank and Anvil Acres farms for receiving awards during the Soil Conservation District awards breakfast. He commented on the groundbreaking event for the Senior Activities Center. Commissioner Baker discussed the recent flooding event experienced by the Town of Clear Spring and requested the Commissioners' support to organize a "Day of Caring" in that community. The Commissioners indicated their support of the event. Mr. Baker attended Everybody's Day at Pen Mar Park and presented a proclamation on behalf of the Commissioners to long-time volunteers Jim and Fay Powers. Commissioner Barr reported attending an impromptu visit by Governor O'Malley to Washington County where he viewed flood damage in the Town of Clear Spring. PUBLIC HEARING — APPLICATION FOR TEXT AMENDMENT (RZ-13-004) President Baker convened a Public Hearing at 11:18 a.m. to obtain public comment on proposed Text Amendment RZ-13-004 to the Washington County Zoning Ordinance (Ordinance.) Jill Baker, Chief Planner, Planning and Zoning, presented the Staff Report and Analysis proposed by the Department of Planning and Zoning to add a new section to the Ordinance entitled "Division XII—Limited Multiple Parcel Clustering Program." She requested the case file be entered into the record. Ms. Baker advised that the proposed amendments would assist in the continued efforts of the County to optimize its August 26, 2014 Page 4 opportunities for land preservation while balancing the land use needs of landowners. The Planning Commission held a public meeting and subsequently endorsed the text amendment in its recommendation letter dated May 15, 2014. The hearing was opened for public comment. Roger Worthington, 9775 Beaver Creek Church Road, Hagerstown, commented on the type of activities allowed in certain areas. Pat Schooley, 20702 Old Forge Road, Hagerstown, commented on the proposal and requested more publicizing of the matter and the use of clearer language. She recommended that the Commissioners not make a decision today relating to this matter. Jim Stayer, 13318 Edgemont Road, Smithsburg, commented that the amendment language was hard to understand. He questioned the impact on citizens and the motive for the proposed change. He also requested that the Commissioners not make a decision today relating to this matter. The Public Hearing was closed at 11:35 a.m. The meeting was opened for questions from the Commissioners. Jill Baker answered questions posed by Commissioners Callaham and McKinley. She advised that it is voluntary on the part of property owners whether to cluster their property/lots, and that clustering does not allow additional lots on top of zoning. Commissioner McKinley recommended delaying the vote on the matter to consider the comments received. It was the consensus of the Commissioners to not take any formal action on this matter at this time. PUBLIC HEARING — APPLICATION FOR MAP AND TEXT AMENDMENT (RZ-14-002) President Baker convened a Public Hearing at 11:36 p.m. to obtain public comment on the application for Map and Text Amendment RZ-14-002 to the Washington County Zoning Ordinance (Ordinance.) Jill Baker, Chief Planner, Planning and Zoning, presented the Staff Report and Analysis proposed to repeal, in its entirety, Article 5E -Rural Business -Existing, and amend Article 517 -Rural Business -New to amend the definitions of Home Occupation and Resident Business; and the proposed text amendment to the Zoning Map. Ms. Baker referenced an earlier error made in wording the map titles as "Rural Overlay Map"; the correct terminology is "Floating Zone Map." She requested the case file be entered into the record. The proposed map and text amendments are intended to eliminate confusion and interpretation when a business wishes to expand or change its operation, provide more flexibility and predictability to property owners to market land commercially and to property owners and/or purchasers who wish to cease commercial operations in favor of having a residential use. August 26, 2014 Page 5 Ms. Baker indicated that the Planning Commission held a public meeting on April 21, 2014 where business and community leaders voiced concerns with a section of the proposed text that placed restrictions on the amount of expansion a rural business could seek in the future. Due to those comments, the Planning Commission recommended approval of the amendments with the recommendation to remove language dealing with expansion limitations; deeming that land development ordinances such as the Adequate Public Facilities Ordinance and other sections of the Zoning Ordinance would adequately address commercial expansion opportunities in this area so that no additional limitations on the businesses are necessary. The hearing was opened for public comment. Roger Worthington, 9775 Beaver Creek Church Road, Hagerstown, commented on the amendments regarding business expansions and floating zones. Pat Schooley, 20702 Old Forge Road, Hagerstown, commented against the amendment and requested that the language be clarified. Jason Divelbiss, Esquire, 13124 Pennsylvania Avenue, Suite 301, Hagerstown, representing several business entities, commented on the amendments regarding three sections: 1) Criteria - regarding the cost of traffic impact studies (Section 5F.2), 2) Procedure for Creation - regarding the cost of preliminary site plans (Section 5F.4), and 3) Procedure for Creation - regarding split zoning (Section 5F.4). Jill Baker addressed Attorney Divelbiss' comments concerning the cessation of a business making the floating zone go away. She stated that the floating zone was applied by legislative action and cannot be removed without legislative action. The Public Hearing was closed at12:11 p.m. The meeting was opened for questions from the Commissioners. It was their consensus to not take any formal action on this matter at this time. MARYLAND AVIATION ADMINISTRATION GRANT Phil Ridenour, Airport Director, Hagerstown Regional Airport (HGR) recommended the acceptance of two grant offers from the Maryland Aviation Administration (MAA) totaling $69,649. Grant Number One would be used to upgrade existing landscaping equipment, acquire airfield line -striping equipment and an all-purpose four-wheel drive utility terrain vehicle to assist in weed and ice control, and modify an existing vehicle exhaust extraction system in the HGR fire station. Grant Number Two would provide financial assistance for HGR's Marketing Plan Cooperative Agreement with Allegiant. Mr. Ridenour indicated that the combined cost of both projects is $92,865, with MAA providing 75% ($69,649) and the County 25% ($23,216.) The County's share is available in HGR's Operations budget. August 26, 2014 Page 6 Commissioner Barr, seconded by Callaham, moved to accept the two grant offers from the Maryland Aviation Administration (MAA) totaling $69,649 as presented. The motion passed unanimously. RECESS The Commissioners recessed at 12:15 p.m. to attend a luncheon reception in Room 255 with the new Director of Business Development Kathleen Lewis and guests. AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:45 p.m. with the following members present: Commissioners John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. UMBERGER CONSERVATION RESERVE ENHANCEMENT PROGRAM EASEMENT PROJECT Eric Seifarth, Rural Preservation Administrator, and Chris Boggs, Land Preservation Planner, Planning and Zoning, recommended approval of the Umberger Conservation Reserve Enhancement Program (CREP) Project of $114,572.16. Mr. Seifarth noted that CREP funds are 100% State -paid. Washington County has been funded to purchase CREP easements on 315 acres of land since 2010. The program serves to protect water quality by removing marginal agricultural land from production and replacing it with best management practices. Chris Boggs described the 38.83 total easement acres owned by Paul and Julia Umberger situate along the south side of Hogmaw Road in Keedysvillle. He noted that landowners may now use the land in matching acreage for agricultural operations, orchards, etc. The Commissioners discussed the proposal and the criteria for participation by CREP participants. Commissioner McKinley, seconded by Cline, moved to approve the Umberger Conservation Reserve Enhancement Program Project of $114,572.16 as presented, adopt an ordinance approving the purchase of the easement, and authorize the execution of all such documents as may be required to affect the purchase. The motion passed unanimously. (Ordinance No. ORD -2014-14 is located in the County Commissioners' Office.) OTHER BUSINESS County Administrator County Administrator Greg Murray requested approval of a $221,000 budget adjustment regarding a State grant received from the Numbers Board for partial costs in completing the backup 9-1-1 Emergency Center. Commissioner Barr, seconded by McKinley, moved to approve the budget adjustment as requested. The motion passed unanimously. August 26, 2014 -� Page 7 Mr. Murray reported on accolades received from the engineering community regarding the County's improved permitting process. He commended staff for the achievement and the Commissioners for their support. REPORTS FROM COUNTY STAFF Health and Human Services Stephanie Stone, Director, Health and Human Services, requested approval to advertise and fill three budgeted, full-time positions: (1) Grade 15 Civil Engineer, Engineering and Construction, (1) Grade 10 Payroll Manager, Budget and Finance, and (1) Grade 10 Assistant Supervisor, 9-1-1 Emergency Services. Due to the nature of the job, she requested approval to advertise and fill subsequent vacated positions in Emergency Services without prior approval if the positions are filled from within. Commissioner Callaham, seconded by Barr, moved to approve the requests as presented, including advertising and filling positions in Emergency Services vacated from within. The motion passed unanimously. Enaineerina and Construction Management Rob Slocum, Director, Engineering and Construction Management, advised of a letter sent to Secretary Robert Summers, Maryland Department of the Environment, regarding the coordination of work needed as the result of Clear Spring flooding event. He announced that the State Highway Administration's annual visit to Washington County to discuss priority projects would be held in October at the Washington County Free Library. Mr. Slocum noted that a public meeting would be held this evening to discuss repairs to the single lane bridge at Leiter's Mill on the Leitersburg Pike. He also advised that bid awards for the Yale Drive project and ADA improvements to the rear of 100 and 120 West Washington Street would be brought before the Commissioners in the next few weeks. COMMUNITY ORGANIZATION FUNDING — SERVICE PRIORITY AREAS FOR FISCAL YEAR 2016 Jim Hovis, Director, Office of Community Grant Management, presented the proposed service priority areas developed by the Community Organization Funding Committee (COFC) in preparation for the Fiscal Year 2016 application process. Mr. Hovis indicated that $1,682,420 is available for disbursement, subject to adjustments that may be made during the budget year. The COFC developed the following six service priority areas for consideration by the County Commissioners: Arts and Culture (12.9%), Domestic Violence (18.2%), Families and Children (14.8%), Recreation (1.6%), Seniors (51.9%), and Other (0.6%). The Commissioners discussed the categories and past funding provided to nonprofits. Commissioner Barr, seconded by McKinley, moved to approve the Community Organization Funding priorities and funding percentages for Fiscal Year 2016 as determined by the Community Organization Funding Committee. The motion passed unanimously. August 26, 2014 Page 8 ADDITION OF CLOSED SESSION ITEM County Attorney John Martirano advised of an additional matter that will be discussed during Closed Session. As a result, he requested that an additional reason for closed session be added to the list already included in the Commissioners' Agenda - to consider the acquisition of real property for a public purpose and matters related thereto. CONVENE IN CLOSED SESSION Commissioner Barr, seconded by McKinley, moved to convene in closed session at 2:17 p.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; or any other personnel matters that affect one or more specific individuals; to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; to consult with counsel to obtain legal advice on a legal matter; and to consider the acquisition of real property for a public purpose and matters related thereto; in accordance with Section 10-508(a) (1), (3) (4) and (7) of the State Government Article of the Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed a personnel matter/recommendation relating to several County employees and a position upgrade; discussed a proposal from a business entity relating to its plans to locate/expand its operations in the County; discussed specific legal issues with staff and counsel; and considered specific details regarding the potential acquisition of real property for public use. During closed session, the Commissioners instructed staff to bring forth the recommended new/upgraded position and the related proposed personnel change for further consideration and discussion during a future open session meeting; generally discussed a business proposal and requested that staff seek additional information and documentation from the business entity relating to its proposed plans to expand its business operations in the County; requested that staff and counsel bring forth certain issues for further discussion and consideration during a future open session meeting; and provided staff with general direction relating to the potential acquisition of real property for public use. 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 Martirano, County Attorney; Kendall McPeak, Assistant County Attorney; and at various times Phil Ridenour, Airport Director; Bob Mandley, Business Development Specialist, Department of Business Development; and two representatives of a business entity who discussed a company's business proposal. -t, August 26, 2014 -t� Page 9 i ADJOURNMENT Commissioner McKinley, seconded by Cline, moved to adjourn at 3:47 p.m. The motion passed unanimously. Gregory B. urray, County Administrator k M. John M. Martirano, County At mey Vicki C. Lumm, County Clerk