HomeMy WebLinkAbout130827
BOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
August 27, 2013
The County Commissioners attended the Outstanding Conservation Farmer and Sustaining
Conservation Farmer Awards ceremony at 8:00 a.m. sponsored by the Washington County
Soil Conservation District at the Homewood Suites by Hilton, 1650 Pullman Lane,
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 9:58 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 20, 2013
Commissioner Barr, seconded by McKinley, moved to approve the minutes of August 20,
2013. The motion passed unanimously.
RENTAL ALLOWANCE PROGRAM STATE FISCAL YEAR 2014
APPLICATION
Diana Fulchiron, Grants Manager, and Peggy Martin, Chairman, Board of Directors,
Washington County Community Action Council, Inc., recommended approval of the
submission of the State Fiscal Year (SFY) 2014 Rental Allowance Program (RAP)
Application and Grant Agreements to the Maryland Department of Housing and
Community Development. Ms. Fulchiron indicated that the program offers a monthly
rental subsidy of $220, $250, or $400 depending on household size, paid directly to the
property owner. Participants must be income-eligible and demonstrate a housing crisis.
The FY 2013 RAP allocation is $40,000.
Commissioner Barr, seconded by Callaham, moved to approve the Community Action
Council submitting the SFY 2014 RAP Application and Grant Agreements to the
Maryland Department of Housing and Community Development as presented. The motion
passed unanimously.
PUBLIC HEARING – REQUESTS BY ORGANIZATIONS TO BE ADDED TO
THE SECTION 1-108 LIST
President Terry L. Baker convened a Public Hearing at 10:06 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
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Washington County, Maryland (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. The following
organizations have requested addition to the 1-108 List:
1. C&O Canal Trust, Inc.
2. Community Life Institute, Inc.
3. Maryland Forestry Boards Foundation, Inc.
4. Volunteer Washington County, Inc.
The hearing was opened for public comment. Five individuals offered comment:
Bernadette Wagner, Director, and Julie Barr-Strasburg, Board Member,
Volunteer Washington County, Inc.
Mike Nardolilli, President, C&O Canal Trust
John Brantley, Community Life Institute, Inc.
Celeste Maiorana, Washington County Forestry Board, on behalf of the Maryland
Forestry Boards Foundation, Inc.
The public hearing was closed at 10:31 a.m. The meeting was opened for questions from
the Commissioners.
Commissioner Callaham, seconded by Barr, moved to approve a resolution adding the four
proposed organizations to the 1-108 List. The Commissioners discussed the non-profit
organization funding process. The motion passed unanimously. (Resolution No. RS-2013-
10 is located in the County Commissioners’ Office.)
CITIZENS’ PARTICIPATION
There were no citizens present who wished to participate.
PROCLAMATION - DISABLED AMERICAN VETERANS “FORGET-ME-NOT”
MONTH
The Commissioners presented a proclamation to Jerry Barnhart, Commander, and Doug
Flanagan, Vice Commander, Chapter 14 of the Disabled American Veterans, in recognition
of “Forget-Me-Not Month” observed in September. Mr. Barnhart discussed the free
services offered by the organization to disabled veterans and their families. The
Commissioners thanked the group’s members for their volunteerism in the community.
2013-14 WORKERS COMPENSATION EXCESS INSURANCE RENEWAL
Becky Maginnis, Risk Administrator, and Ed Seward, Sr. of CBIZ Insurance Services, Inc.
recommended renewal of the County’s excess workers’ compensation insurance coverage
with Safety National Casualty Corporation at a rate of $0.205 per $100.00 of payroll, for a
total premium of $83,669 for policy year September 1, 2013 to September 2, 2014. Ms.
Maginnis indicated that the 17% increase in actual premium is reflective of the national
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cost trends in workers compensation. Mr. Seward advised that CBIZ performed a full
market survey and that the only other carrier willing to provide a quote could not meet
Safety National’s premium. The Commissioners discussed the matter and requested figures
on the County’s active workers compensation cases.
Commissioner McKinley, seconded by Barr, moved to renew the 2013-2014 County’s
excess workers’ compensation insurance coverage with Safety National Casualty
Corporation for the rates and terms presented. The motion passed unanimously.
RECESS
The Commissioners recessed at 11:08 a.m. to attend the announcement of a new business
locating at the former Unilever Plant on Frederick Street in Hagerstown – Shenandoah
Family Farms Cooperative.
AFTERNOON SESSION
President Terry L. Baker called the afternoon session to order at 1:22 p.m. with the
following members present: Vice President John F. Barr and Commissioners Ruth Anne
Callaham, Jeffrey A. Cline, and William B. McKinley.
BROADBAND IMPACT STUDY
Ron Whitt, Director of Information Technologies, introduced members of the County’s
Broadband Impact Study Coordinating Committee. Andrew Cohill, President of Design
Nine, Incorporated, presented information on the County’s Broadband Impact Study
project that was completed by his firm. The study was undertaken to determine the impact
of the One Maryland Broadband Network project on Washington County and how the
County could leverage these and other available local assets to increase broadband
availability in the underserved and unserved areas of the County. Design Nine
recommended that the County invest in the last portion of the network to provide homes
and businesses access to technology. This could be done by establishing an authority that
would own and manage the additional infrastructure or by developing a public-private
partnership that would share upfront costs with the private sector. Startup costs would be in
the $2.5 million range the first three years but the investment would pay off in the out
years by exceeding an estimated $13 million. The Commissioners discussed the study with
Mr. Cohill and Mr. Whitt and thanked the Committee for its efforts.
(President Baker left the meeting room at 2:02 p.m. during the next agenda item due to his
employment by Washington County Public Schools. Vice President Barr assumed the
Chair.)
DECLARATION OF SURPLUS PROPERTY – 18620 MAUGANS AVENUE
Joe Kuhna, Real Property Administrator, recommended that the Commissioners declare
real property located at 18620 Maugans Avenue as surplus property, approve an option
agreement for its conveyance, advertise the County’s intent to convey, and authorize the
execution of the necessary documentation to finalize the sale and conveyance. Mr. Kuhna
indicated that the Commissioners purchased the property and razed the house to
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accommodate road construction and improvements to Maugans Avenue. The Washington
County Student Trades Foundation has requested to purchase the property to be used by
the Foundation to provide a building lot and hands-on construction experience for students
at the Washington County Technical High School. If approved, the Foundation has
requested that payment for the property be delayed until the house to be constructed on the
lot is sold. The recommended consideration to be paid is $28,400, which is 40% of the
lot’s assessed value. The Commissioners discussed the proposal.
Commissioner McKinley, seconded by Cline, moved to declare real property located at
18620 Maugans Avenue as surplus property, approve the option agreement for its
conveyance, advertise the County’s intent to convey, and authorize the execution of the
necessary documentation to finalize the sale and conveyance as presented. The motion
passed unanimously, 4-0.
(President Baker returned to meeting at 2:07 p.m. and assumed the Chair.)
2013 HOUSING BOND ALLOCATION TRANSFER
Stephen Goodrich, Director, Planning and Zoning, requested approval of the transfer of
Washington County’s allocation to the Community Development Administration for the
issuance of housing bonds for first time homebuyers in Washington County. He advised
that each year, State law permits local governments to collaborate in a statewide bond pool
for first-time homebuyers. Washington County has used its allocation since 2007 to
participate in the Maryland Mortgage Program. The 2013 allocation is $4,975,329. Mr.
Goodrich described the benefit of allocating the money back to the State that might allow
more money for Washington County if excess funds from other counties are returned to the
pool for re-distribution.
Commissioner Barr, seconded by McKinley, moved to approve the transfer of Washington
County’s 2013 Housing Bond Allocation of $4,975,329 to the Community Development
Administration for the issuance of housing bonds on behalf of Washington County as
presented. The motion passed unanimously.
TEXT AMENDMENT - ADEQUATE PUBLIC FACILITIES ORDINANCE
ALTERNATE MITIGATION CONTRIBUTION
Stephen Goodrich initiated a discussion of comments of the August 6, 2013 Public Hearing
held on the proposed text amendments to the Adequate Public Facilities Ordinance (File
APF-13-002) that would correct certain language, remove the elderly housing exemption
from the adequacy requirement, increase the time period allowed between adequacy testing
and Planning Commission approval from six months to one year, and provide for a method
of determining adequacy and calculation of the Alternate Mitigation Contribution (AMC).
Mr. Goodrich advised that the Washington County Planning Commission reviewed the
proposed amendments during its August 12, 2013 meeting and voted to recommend that
the amendment be adopted as proposed with the addition of a means and requirement to
review the AMC formula and data used in the formula at the end of the second year of
every County Commissioner term of office.
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The Commissioners discussed the matter. Commissioner Cline advocated that the senior
housing exemption in new developments remain in the Ordinance. Commissioner
McKinley proposed including the Planning Commission’s suggestion that the AMC
formula be reviewed at certain intervals. The Commissioners discussed the matter
including the timing of the developer’s AMC payment.
Commissioner Cline, seconded by McKinley, moved to direct staff to finalize the
amendment language to maintain the senior housing exemption, require the
Commissioners’ review of the AMC prior to the end of the second year of each term, and
provide that the AMC payment be due prior to plat recordation. The motion passed
unanimously.
BYLAWS APPROVAL - EMERGENCY SERVICES ADVISORY COUNCIL
Kevin Lewis, Director of Emergency Services, presented draft bylaws developed by the
members of the Emergency Services Advisory Council. The Council was established to
provide recommendations regarding the provision of emergency services in Washington
County and to serve as an advisory body to the County Commissioners. He indicated that
the Council plans to meet quarterly but has been meeting monthly in its initial stages of
formation. Deputy County Attorney Kirk C. Downey suggested several grammatical
changes to the bylaws. The Commissioners discussed the proposal.
Commissioner Barr, seconded by McKinley, moved to approve the bylaws as presented
including the recommended changes as discussed. The motion passed unanimously.
SENATOR AMOSS FUNDING ALLOCATION
Kevin Lewis presented information on the Senator William H. Amoss Fire, Rescue and
Ambulance Fund subsidy distributed to counties by the State of Maryland for disbursement
to fire and rescue companies. Mr. Lewis advised that the Fiscal Year 2013 allocation is
$230,632. The proposed funding allocation is to divide $175,280.32 between the six
Hagerstown Fire Departments, and $55,351.68 between the nineteen other fire and rescue
companies in the County.
Commissioner Barr, seconded by McKinley, moved to distribute the Fiscal Year 2013
Senator William H. Amoss Fire, Rescue & Ambulance Fund subsidy of $230,632 as
outlined in the attachment to the Agenda Report Form. The Commissioners discussed the
recommendation for disbursement with Mr. Lewis and Dale Hill, President of the
Washington County Volunteer Fire and Rescue Association. The motion passed
unanimously.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner McKinley thanked the Town of Sharpsburg for hosting last week’s evening
meeting of the Commissioners. He also thanked the Soil Conservation District for
sponsoring the morning breakfast ceremony where Lewis Orchards and Farms received the
Outstanding Conservation Farmer Award and Robert Martz and Michael Martz won the
Sustaining Conservation Farmer Award. Mr. McKinley attended the Economic
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Development Commission Infrastructure Committee meeting. He greeted returning
students at the Ruth Ann Monroe Primary School and shared his favorite book with
students at Springfield Middle School. Commissioner McKinley commended Chief
Planner Jill Baker for her presentation to the Town of Hancock regarding proposals for the
Town Growth Area Comprehensive Plan. He attended the Williamsport Lions Club Ox
Roast fundraiser and C&O Canal Days. Mr. McKinley and several Commissioners met
with Executive Director Anne Sheridan of the Governor’s Office for Children.
Commissioner Barr attended the business outreach meeting to GS Images owned by Doug
Wright. He commended Mr. Wright for his volunteerism in the community and efforts on
behalf of Holly Place. Mr. Barr visited the Barbara Ingram School for the Arts and
attended the Williamsport Lions Club Ox Roast.
Commissioner Callaham commented on the awards given during the morning breakfast
event sponsored by the Soil Conservation District. She attended the Farm of the Year
presentation to Aliabaad Farms. Ms. Callaham attended C&O Canal Days in Williamsport
and Augustoberfest in downtown Hagerstown. Commissioner Callaham discussed citizen
interactions with the permitting and planning process.
Commissioner Cline visited students attending the Ruth Ann Monroe Primary School. He
reported on a meeting of the Agricultural Education Center board and announced that a
rodeo is planned for September 28. Mr. Cline attended the Town Growth Area public
workshop in Hancock. He participated in the business outreach visit to GS Images and
enjoyed the Lions Club Ox Roast and C&O Canal Days. Commissioner Cline described
the Spudfest held at the Agricultural Education Center and congratulated Aliabaad Farms.
He visited Augustoberfest in downtown Hagerstown and Devil’s Backbone Park for the
announcement of a program sponsored by PetSmart to establish pet waste management
stations. He attended the local visit by Anne Sheridan of the Governor’s Office of
Children. Commissioner Cline congratulated the Lewis and Martz families for receiving
awards sponsored by the Soil Conservation District and the Shenandoah Family Farm
Cooperative for purchasing the former Unilever facility on Frederick Street.
Commissioner Baker attended the Agricultural Education Center’s Spudfest and presented
the Farm of the Year award to the Aliabaad Farms. He was present at the Williamsport
Lions Club Ox Roast in Williamsport and the Democratic Club picnic. He wished
Shenandoah Family Farms well in its new business endeavor.
OTHER BUSINESS
Health and Human Services
Stephanie Stone, Director, Health and Human Services, requested permission to advertise
and fill the following full-time positions: (2) Grade 9, Emergency Communication
Specialists in the Division of Emergency Services due to vacancies; (1) Grade 6, Motor
Equipment Operator I position in the Highway Department’s Southern Section due to a
resignation; and (1) Grade 13, Project Manager position in the Engineering and
Construction Department due to a resignation.
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Commissioner Cline, seconded by Callaham, moved to advertise and fill all positions as
presented. The motion passed unanimously.
CONVENE IN CLOSED SESSION
Commissioner Barr, seconded by Callaham, moved to convene in closed session at
3:38 p.m. to discuss the appointment, employment, assignment, compensation, and/or
performance evaluation of appointees, employees, or officials over whom this public body
has jurisdiction; and to consult with counsel to obtain legal advice on a legal matter, in
accordance with Section 10-508(a) (1) and (7) of the State Government Article of the
Annotated Code of Maryland. The motion passed unanimously.
In closed session, the Commissioners discussed the potential appointment and
reappointment of several individuals to a County board, authority, or commission over
which the Commissioners have appointment authority, and discussed legal issues related to
the interpretation of a County ordinance.
During closed session, the Commissioners instructed staff to bring forth the potential
appointment and reappointment of individuals to a board, authority, or commission over
which the Commissioners have appointment authority for further consideration and
discussion during a future open session meeting; and provided specific direction to counsel
regarding the legal issue that was discussed.
Present during closed session were Commissioners Terry L. Baker, John F. Barr, Jeffrey
A. Cline, Ruth Anne Callaham, 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; Kirk C. Downey, Deputy
County Attorney; and at various times Richard Willson, Executive Director, Housing
Authority.
ADJOURNMENT
Commissioner McKinley, seconded by Barr, moved to adjourn at 3:53 p.m. The motion
passed unanimously.
___________________________________
Gregory B. Murray, County Administrator
___________________________________
John M. Martirano, County Attorney
______________________________
Vicki C. Lumm, County Clerk