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HomeMy WebLinkAbout121204 BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland December 4, 2012 President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 9:05 a.m. at 100 West Washington Street, Room 227, with the following members: Vice President John F. Barr and Commissioners Ruth Anne Callaham and Jeffrey A. Cline. (Commissioner William B. McKinley was absent from the meeting.) CONVENE IN CLOSED SESSION Commissioner Barr, seconded by Cline, moved to convene in closed session at 9:05 a.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 had jurisdiction; and to discuss other personnel matters that affect one or more specific individuals; in accordance with Section 10-508 (1) of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. (Commissioner McKinley was absent.) In closed session, the Commissioners discussed the potential appointment of an individual to a County board; and the possible reassignment of several County employees, potential restructuring of several County positions and other related County staffing issues. During closed session, the Commissioners instructed Staff to place the potential appointment on a future open session agenda for further consideration and discussion; and also directed Staff to place the reassignment/restructuring and related staffing issues on the open session agenda for further consideration and discussion. 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; Vicki Lumm, County Clerk; John M. Martirano, County Attorney; and at various times, Jim Sterling, Director, Parks and Facilities; and Gary Wright, Chair, Public Golf Corporation Board. RECONVENE IN OPEN SESSION Commissioner Cline, seconded by Barr, moved to reconvene in open session at 9:53 a.m. The motion passed unanimously. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barr provided the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – NOVEMBER 27, 2012 Commissioner Cline, seconded by Callaham, moved to approve the minutes of November 27, 2012 with incorporated changes. The motion passed unanimously. (Commissioner McKinley was absent.) December 4, 2012 Page 2 COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Cline congratulated the owners of Red Heifer Winery on their new business venture. He announced that the Alzheimer’s Association would be opening a new office in the Aspiring to Serve building on West Franklin Street, Hagerstown, to be staffed every third Thursday beginning December 20. Mr. Cline attended business outreach visits to Turtle’s Subs and Yogi Bear Campground. He enjoyed the Christmas Tree Lighting in Hagerstown City Park and the Santa Breakfast sponsored by the Clear Spring Volunteer Fire Department. Commissioner Cline attended the Town of Smithsburg’s Hometown Christmas Parade. He was present at the Volunteer Recognition Ceremony to honor volunteers for the annual Antietam National Battlefield Illumination. Commissioner Callaham attended the business visits to Turtle’s Subs and Yogi Bear Campground. She stated that she spoke during the Antietam National Battlefield Illumination event, and thanked the hundreds of volunteers that make the event possible. Ms. Callaham attended the Charlie Brown Christmas at Williamsport’s Springfield Barn. Commissioner Barr attended the Tri-County Council Executive Board meeting in Allegany County. He also participated in the business visit to Turtle’s Subs. Mr. Barr reported that he spoke during the Meritus Community Assessment Needs Council meeting at Meritus Medical Center and presented a certificate on behalf of the Commissioners. Commissioner Barr praised the recent Rural Heritage Village by Candlelight event where volunteers wore period costumes and conducted guided tours. He attended the Antietam National Battlefield Illumination. Commissioner Baker congratulated owners of the Red Heifer winery for bringing another small business to the community. He attended a Community Action Council meeting and advised of the possible relocation of its offices. Mr. Baker stated that the organization received a grant of approximately $500,000.00 for heat assistance to County citizens this year. He also attended the Yogi Bear Campground business outreach visit. OTHER BUSINESS County Clerk – Appointments to County Boards/Commissions Washington County Public Golf Corporation Board Commissioner Barr, seconded by Callaham, moved to reappoint Charles Mades to the Washington County Public Golf Corporation Board to a third, three-year term through December 31, 2015. The motion passed unanimously. (Commissioner McKinley was absent.) Tri-County Council for Western Maryland Commissioner Barr, seconded by Callaham, moved to appoint Roger Fairbourn as a private citizen representative to the Tri-County Council for Western Maryland to a first term extending through December 2, 2014. The motion passed with Commissioners Barr, Callaham, and Baker voting “AYE” and Commissioner Cline “ABSTAIN.” (Commissioner McKinley was absent.) December 4, 2012 Page 3 Washington County Housing Authority County Clerk Vicki Lumm requested a motion to correct/amend last week’s motion regarding member appointments to the Washington County Housing Authority. The approved motion stated three-year terms and the Authority’s terms are five years. Commissioner Callaham, seconded by Barr, moved to appoint John Lestitian and Toni Sandridge to the Washington County Housing Authority to first, five-year terms through November 30, 2017. The motion passed unanimously. (Commissioner McKinley was absent.) REPORTS FROM COUNTY STAFF Health and Human Services Deputy Director Dee Hawbaker requested permission to advertise and fill a vacancy for a budgeted, Grade 11, Grant Manager position in Office of Community Grant Management due to an employee resignation. Commissioner Cline, seconded by Barr, moved to approve the request as presented. The motion passed unanimously. (Commissioner McKinley was absent.) Ms. Hawbaker introduced new Comprehensive Planner Justin Linley. The Commissioners wished him well in the position County Administrator Reorganization and Structure Changes for Vacant Positions County Administrator Greg Murray presented recommendations to fill/restructure several currently budgeted positions and to reorganize and streamline operations of the County. He referred the Commissioners to a chart of existing County employee vacancies and salaries (attached to these minutes), as follows: Marketing ($55,687.00), EDC Deputy Director ($81,158.00), EDC Director ($101,406.00), Planning and Zoning Senior Planner ($44,128.00), Planning and Zoning Planner ($37,833.00), Engineering and Construction Senior Building Inspector ($44,128.00), and Engineering and Construction Inspector (37,833.00), (total of $464,421.00.) Proposed New Positions and salaries/amounts shifted would be as follows: Assistant County Administrator ($79,704.00), Public Relations and Community Affairs Manager ($9,660.00), Marketing Specialist ($44,128.00), Communications Coordinator ($32,435.00), Architect ($51,471.00), Senior Plans Examiner ($47,658.00), and Project Liaison ($44,128.00). Due to additional responsibilities assumed through previous actions, salary upgrades are being recommended for the following positions: Community Grants Management Director ($4,263.00), Community Grants Management Senior Office Associate to Administrative Assistant ($2,402.00), and Recreation Department Director ($5,576.00), (total of $302,105.00.) An additional budgetary amount ($45,000.00), also available from existing funds, would be used to support the various departments to accomplish the required tasks. December 4, 2012 Page 4 Greg Murray stated that a portion of the net overall remaining funds ($117,316.00) could be applied toward the salary of an EDC Director in the future if needed. He discussed the rationale for the restructuring/reorganization that includes improved economic development marketing strategies, faster plan and permitting turn-around times, moving projects expeditiously forward for Washington County citizens, improved communication and customer service, and planning for systemic maintenance projects and the effective use of County facilities. Mr. Murray stressed that the proposed changes mostly involve refilling vacant positions and repurposing several positions. Currently budgeted funds would fully cover replacing these positions and repurposing duties as described. Mr. Murray requested approval to advertise to fill the appropriate positions immediately in order to move forward at the beginning of the year and accomplish goals previously set and continue to improve customer service for the residents of Washington County. He again stated that the changes represent no budgetary increase and actually represent a reduction in the overall labor budget for these positions. The Commissioners discussed the proposal. Commissioner Cline stated that the positions are to increase efficiency in County government without any budget increases. Commissioner Callaham spoke in favor of the recommendation that would improve service to County citizens by continuing to build upon a plan begun two years ago. Commissioner Baker expressed his desire not to fill vacant positions in Plan Review and Permitting that have been vacant for a while due to the slowdown in the building industry. He further stated that he could not support the entire package as presented. Commissioner Barr discussed the workload and responsibilities of individual Counties that are still heavy due to increasing State and federal mandates. Commissioner Cline, seconded by Barr, moved to support the restructuring plan as presented by Mr. Murray, to advertise the positions as requested, and also to approve the recommended increases in salary including our Recreation Director. The motion passed with Commissioners Cline, Barr, and Callaham “AYE” and Commissioner Baker “NO.” (Commissioner McKinley was absent.) CITIZENS’ PARTICIPATION Robin Wivell, St. James, commented on the proposal to reorganize/restructure several County Departments. Dave Hanlin, Development Coordinator for the Washington County Free Library, commented on progress of the refurbished downtown facility and advised of the need for donations from the community for its operation. Julie Rivett, Hagerstown, discussed an alternative location for the proposed Senior Center to be located at the former Armory facility on Willard Street, Hagerstown. Terry Randall, Hagerstown, commented on the Forest Conservation Plan. December 4, 2012 Page 5 Gerry Ditto, Clear Spring, commented on the public notice given this week for the Commissioners Agenda. DUVINAGE, LLC LOAN/GRANT DISCUSSION Robert Mandley, Project Coordinator, Economic Development Commission (EDC) presented information on a proposal to provide a $50,000.00 conditional loan/grant to Duvinage, LLC. Mr. Mandley advised that the loan/grant would be contingent upon the condition that Duvinage is able to secure bank financing to allow for the acquisition of Sharon Stairs, and also retain its current twenty-two positions and create at least thirty- eight additional positions by the end of 2015, retaining these sixty jobs through the end of 2017. Mr. Mandley indicated that the total financing of approximately $400,000.00 involves participation by the Susquehanna Bank, Tri-County Council Revolving Loan Fund, and conditional loans from the County and City of Hagerstown. The Commissioners discussed the loan provisions. Commissioner Barr, seconded by Callaham, moved to approve a $50,000.00 conditional loan/grant to Duvinage, LLC, contingent upon the conditions as presented. The motion passed unanimously. (Commissioner McKinley was absent.) LEGISLATIVE ITEMS – 2013 GENERAL ASSEMBLY Deputy County Attorney Kirk C. Downey advised of a meeting to be held December 11 with the local Delegation to the General Assembly and discussed the topics proposed for legislative action, including: 1. Updates of various statutes to come into alignment with the revised Salary Study Commission process; 2. The appointment of municipal law enforcement officers as special Sheriff’s deputies under certain circumstances; 3. Bond authorization authority ($60 Million for funding of Capital Improvement Plan projects through 2018); 4. Clarification of devices defined as “amusement devices”; 5. Authority for Payment in Lieu of Taxes (PILOTs) for personal property taxes relating to technology businesses; 6. Preservation of the Local Management Board and maintenance of its funding; 7. Potential revisions of CPLL § 1-108 in light of changes to the community organization funding process; and 8. Request to the Maryland Association of Counties (MACo) concerning the renewal/recertification schedule for erosion and sediment control plans. Mr. Downey indicated that Item No. 8 would be a request to MACo to consider extending the renewal/recertification schedule for erosion and sediment control plans to lower developers’ and property owners‘ property development costs. Mr. Downey suggested that Item No. 7 be stricken on the advice of staff for a year to see how the new community organization funding process is working. He noted that a previous request for the local December 4, 2012 Page 6 licensing of microbreweries does not need to be addressed because the County has that authority pursuant to previously adopted legislation. Greg Murray discussed the inclusion of disparity grant legislation to revise the process by which disparity grants are determined. Changes in the method of determining local jurisdiction’s disparity grants (based on average income tax revenues) negatively affected Washington County due to an anomaly in the base year used in the formula. The Commissioners discussed the proposals. Commissioner Cline, seconded by Barr, moved to approve the proposed Legislative Items as part of the 2013 legislative package as presented, with the inclusion of the disparity grant eligibility revision as discussed, the removal of Item No. 7, and the understanding that Item No. 8 would be a request to MACo (rather than the Delegation.) The motion passed unanimously. (Commissioner McKinley was absent.) FOREST CONSERVATION ORDINANCE AMENDMENTS AND ISSUES Stephen Goodrich, Director, Planning and Zoning presented information regarding issues and amendments proposed to the Forest Conservation Ordinance (FCO) due to changes in State law governing the program. He advised that a controversial amendment required by a change in the State law was the increase of the “payment in lieu of” mitigation fee from $0.10 per square foot to $0.30 cents per square foot. A previous Board opposed the fee increase, which prevented adoption of many other amendments in the package. Following the last of several hearings on the proposed amendments in 2009, a previous Board appointed a study committee to review the entire Forest Conservation Ordinance to determine if additional changes were needed in the program. That Committee made recommendations for additional changes. Planning Department records indicate that there was an intention to schedule this item for Commissioners consideration in April 2011 with the expectation that another public hearing would be scheduled and the amendments would eventually be adopted. That did not occur. Since then, an additional concern regarding the ten-year period on the Declaration of Intent has been presented to the Planning staff and is included in this presentation for discussion. Mr. Goodrich distributed an itemized list of proposed or potential amendments to the Forest Conservation Ordinance, divided into three sections: 1) amendments needed due to changes in the State law; 2) amendments suggested to improve the operation of the program or provide more options for development; and 3) amendments to address the Study Group recommendations. He discussed the “payment in lieu of planting” fee amount and an approved 2008 amendment to the local FCO (FC-07-001 & ORD-08-05) that removed the fee amount from the ordinance and replaced it with text that said the amount would be adopted by separate resolution. The Commissioners discussed the information. Mr. Goodrich advised that the opportunity for public comment would be available before the Commissioners vote on amending the Ordinance. The Commissioners reached a consensus to move forward with the process. Commissioner Baker requested a list comparing County and State proposals. December 4, 2012 Page 7 PUBLIC HEARING – DRAFT TIERS MAP AND AMENDMENT TO THE WASHINGTON COUNTY SUBDIVISION ORDINANCE, MINOR SUBDIVISION DEFINITION, (SO-12-001) FOR IMPLEMENTATION OF THE SUSTAINABLE GROWTH AND AGRICULTURAL PRESERVATION ACT OF 2012 President Baker convened a Public Hearing at 11:32 a.m. to obtain public comment regarding the Draft Tiers Map and Amendment to the Washington County Subdivision Ordinance, Minor Subdivision Definition, (SO-12-001) for Implementation of the Sustainable Growth and Agricultural Preservation Act of 2012. Stephen Goodrich, Director, and Jill Baker, Chief Planner, Planning and Zoning, presented information on the proposed map developed by Planning and Zoning staff according to the law that is designed to limit the installation of new septic systems in certain areas of the County and to insure that all new development in designated growth areas is served by a public sewer system. He indicated that it would also be necessary to change the definition of a minor subdivision in the Subdivision Ordinance from five lots or less, to seven lots or less, to implement the law to the best advantage for Washington County citizens. Mr. Goodrich distributed a letter from the Maryland Department of Planning disagreeing with some designations proposed by Washington County. He advised that if the tier structures were adopted as presented today, these formal comments would require another public hearing. The public hearing was opened for public comment. Fred Frederick, Professional Engineer and Land Surveyor, Frederick, Seibert & Associates, 128 South Potomac Street, Hagerstown, representing property owners Adna Fulton and Janet Stiles Fulton, discussed how the plan would devalue his clients’ property and requested that three properties be redesignated from Tier 4 to Tier 3. Janet Stiles Fulton, Boonsboro, spoke on the proposal and encouraged the Commissioners to speak out and work with other counties to have a stronger voice against mandates from the State. Gerry Ditto, 14726 Ditto Road, Clear Spring, Maryland, spoke on the tier structures and the effect on lands he owns. The meeting was opened for discussion and questions from for the Commissioners. No comments were offered. The hearing was closed at 12:13 p.m. Mr. Goodrich advised that the item would be presented during the Commissioners’ December 11 meeting agenda for further discussion and a possible vote. Jill Baker stated that other Maryland counties have not submitted their plans and may be waiting to see what is decided by other counties. Ms. Baker also made clear that the proposal put forth by the County complied with the law and minimized the diminution of property rights, noting December 4, 2012 Page 8 that the Maryland Department of Planning seeks materially greater restrictions on developable property than is proposed by the County. The Commissioners discussed the issue further. ADJOURNMENT Commissioner Cline, seconded by Barr, moved to adjourn at 12:25 p.m. The motion passed unanimously. The Commissioners attended a luncheon and presentation at the Washington County Department of Social Services, 122 North Potomac Street, Hagerstown. ___________________________________ Gregory B. Murray, County Administrator ___________________________________ John M. Martirano, County Attorney _______________________________ Vicki C. Lumm, County Clerk