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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 August 27, 2013 Page 2 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 August 27, 2013 Page 3 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 August 27, 2013 Page 4 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. August 27, 2013 Page 5 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 August 27, 2013 Page 6 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. August 27, 2013 Page 7 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