Loading...
HomeMy WebLinkAbout160209BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland February 9, 2016 CALL TO ORDER President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland, to order at 10:27 p.m. at 100 West Washington Street, Room 227, with the following members present: Vice President Jeffrey A. Cline and Commissioner John F. Barr. (Commissioner LeRoy E. Myers, Jr. was absent. Commissioner Vincent G. Spong resigned from the board on January 29, 2016.) CONVENE IN CLOSED SESSION Commissioner Barr, seconded by Cline, moved to convene in closed session at 10:27 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 has jurisdiction; and any other personnel matters that affect one of more specific individuals, in accordance with Section 3-305(b) (1) of the General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed the potential reappointment of a specific individual to a commission position over which the Commissioners have appointment authority; discussed the potential appointment of two specific individuals to board positions over which the Commissioners have appointment authority; and discussed several County personnel recommendations/employment matters with County staff. During closed session, the Commissioners instructed staff to bring forth the potential reappointment to a commission over which the Commissioners have appointment authority for further consideration and discussion and a possible vote during the open session portion of today's meeting; instructed staff to bring forth the potential appointments to a board over which the Commissioners have appointment authority for further consideration and discussion and a possible vote during the open session portion of today's meeting; and provided specific direction to County staff regarding a number of County personnel recommendations/employment matters. Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline and John F. Barr. Also present were Gregory Murray, County Administrator; Sarah Sprecher, Assistant County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney; and Kirk C. Downey, Deputy County Attorney; and at various times Tim Lung, Deputy Director/Zoning Administrator, Plan Review Department; Stephen Goodrich, Director, Planning and Zoning; Stephanie Stone, Director, Health and Human Services; John Pennesi, Deputy Director, Parks and Recreation; Mark Bradshaw, Deputy Director, Water Quality; and Ed Plank, Director, Highway Department. February 9, 2016 Page 2 RECONVENE IN OPEN SESSION Commissioner Cline, seconded by Barr, moved to convene in open session at 11:27 a.m. 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 11:28 p.m. at 100 West Washington Street, Room 227, with the following members present: Vice President Jeffrey A. Cline and Commissioner John F. Barr. APPROVAL OF MINUTES — JANUARY 26, 2016 Commissioner Barr, seconded by Cline, moved to approve the minutes of January 26, 2016. The motion passed unanimously. CONTRACT AWARD — CONSULTING SERVICES TO CONDUCT A NEEDS ASSESSMENT IN RELATION TO THE MARYLAND CHILDREN'S CABINET STRATEGIC GOALS Karen Luther, Purchasing Director, and Jim Hovis, Director, Community Grant Management, presented a proposal to award the contract for Consulting Services to Conduct a Needs Assessment in Relation to the Maryland Children's Cabinet Strategic Goals (PUR-1305) to the responsive, responsible proposer, Assessment Stratigix Consulting, LLC of Columbia, Maryland, for $25,000. Ms. Luther indicated that the service to be provided fulfills the requirements of a contractual agreement for Fiscal Year 2016 with the Governor's Office for Children. Mr. Hovis described the Strategic Goals identified by the Governor's Office, which are to: 1) Improve Outcomes for Disconnected Youth, 2) Reduce the Impact of Incarceration on Children, Families, and Communities, 3) Reduce Childhood Hunger, and 4) Reduce Youth Homelessness. The needs assessment involves the collection of data to help identify gaps in services that may exist and to help develop a Community Plan to positively impact the needs, currently available services, gaps in services and strategies to address those gaps. Commissioner Barr, seconded by Cline, moved to award the contract for Consulting Services to Conduct a Needs Assessment in Relation to the Maryland Children's Cabinet Strategic Goals to the responsive, responsible proposer, Assessment Stratigix Consulting, LLC of Columbia, Maryland, for $25,000. The motion passed unanimously. (3-0, Commissioner Myers was absent.) REPORTS FROM COUNTY STAFF Health and Human Services — Advertise to Fill Position Stephanie Stone, Director, Health and Human Services, requested approval to advertise and fill a full-time, Grade 15, Step 1, Golf Course Superintendent position at the Black February 9, 2016 Page 3 Rock Golf Course due to an employee retirement. The position would be advertised internally and externally. Commissioner Cline, seconded by Barr, moved to approve the personnel request as presented. The motion passed unanimously. (3-0, Commissioner Myers was absent.) Ms. Stone requested approval to advertise and fill a full-time, Grade 9, Step 1, Permit Technician position in the Permitting Department due to a vacancy. The position would first be advertised internally and then externally if necessary. Commissioner Barr, seconded by Cline, moved to approve the personnel request as presented. The motion passed unanimously. (3-0, Commissioner Myers was absent.) County Attorney — Application for Map Amendment (RZ-15-004) Deputy County Attorney Kirk C. Downey presented the proposed Ordinance and Decision, including Findings of Fact, for Case No. RZ-15-004 from Applicant Robert G. and Mary O. Rotz. The subject parcel known and designated as 9729 Garis Shop Road is located on the east side of Garis Shop Road between Wagaman Road to the north and Roxbury Road to the south, consisting of approximately 1.0 acre. The applicants are requesting the subject property be rezoned RB -Rural Business floating zone with underlying Agricultural (Rural) from Agricultural (Rural.) The Commissioners reached a consensus to approve the requested zoning reclassification and zoning map amendment of the property following a public hearing held December 15, 2015. Commissioner Barr, seconded by Cline, moved to adopt the Ordinance and Decision granting the requested rezoning for RZ-15-004 as presented. The motion passed unanimously. (Ordinance No. ORD -2016-01 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) County Administrator Comments County Administrator Greg Murray introduced Kevin Lewis, the County's new Director of Training Quality Assurance/Quality Control, and Dave Hays, the new Director of Emergency Services. Employee Recognition — Frank Quillen The Commissioners presented a certificate of recognition to Frank Quillen, Chief Plans Examiner, Permitting Department, for being named the 2015 Plan Reviewer of the Year by the Maryland Building Officials Association. Angela Smith, Deputy Director, Permitting, described the award and the accomplishments of Mr. Quillen, who was recently appointed to the board of directors of the Association. Mr. Quillen recognized his supervisors and co- workers for their assistance and thanked the Commissioners for the recognition. February 9, 2016 Page 4 County Clerk — Appointments to County Boards/Commissions Washington County Animal Control Authority Commissioner Cline, seconded by Barr, moved to reappoint Randall Wagner to serve a second, three-year term through February 28, 2019 as a member at large on the Washington County Animal Control Authority. The motion passed unanimously. (3-0, Commissioner Myers was absent.) Area Agency on Aging Advisory Council Commissioner Barr, seconded by Cline, moved to appoint Meg Cliber to a first, full three- year term through January 31, 2019; reappoint Frank Getz to a second, three-year term through January 31, 2019; and appoint Michael Fitzsimmons to a first, three-year term through January 31, 2019 on the Area Agency on Aging Advisory Council. The motion passed unanimously. (3-0, Commissioner Myers was absent.) Washington County Board of Zoning Appeals Commissioner Cline, seconded by Barr, moved to appoint current alternate member Paul Fulk as a full member to fulfill a term through June 30, 2016; and appoint Michael Zampelli as an alternate member to fulfill the remainder of Mr. Fulk's term through June 30, 2016 on the Board of Zoning Appeals. The motion passed unanimously. (3-0, Commissioner Myers was absent.) Washington County Planning Commission Commissioner Barr, seconded by Cline, moved to appoint Dennis Reeder to serve a second, five-year term through February 28, 2021 on the Washington County Planning Commission. The motion passed unanimously. (3-0, Commissioner Myers was absent.) FISCAL YEAR 2017 CAPITAL IMPROVEMENT PROGRAM DISCUSSION Debra Murray, Chief Financial Officer, and Sarah Greaves, Deputy Director, Budget and Finance, presented an initial overview of the Fiscal Year 2017 Capital Improvement Program (CIP) budget. The budget contains approximately 200 projects totaling $363.4 million, representing a $12 million borrowing amount per year. Ms. Murray advised that the proposed ten-year CIP plan assumes the same State special transportation grants and highway user revenue funding of $6.3 million and also an increase in the general fund contribution over those ten years. She stated that the Capital Improvement Committee received requests for projects totaling $602 million that it trimmed down to $476 million. A summary of operating costs for all projects within the CIP budget would yield about 83 new positions and approximately $5 million in new operating costs if approved, of that, 87% of the positions and 67% of the operating costs are related to the planned expansion of the Washington County Detention Center in the out years. Ms. Murray reviewed major CIP projects contained in the categories of Airport, Bridges, Drainage, and Education. Under the Education category, she indicated that Western Heights Middle School and Springfield Middle School are slated for upgrades and the new Jonathan Hager Elementary School is scheduled to open in fall 2016. Boyd Michael, February 9, 2016 Page 5 Deputy Superintendent, Washington County Public Schools, discussed current funding levels in the CIP for the Board of Education. He commented that the school system could only replace one school (out of 47) every four years using that funding model. The categories of General Government, Public Libraries, General Government, Parks and Recreation, Public Safety, Railroad Crossings, Road Improvements, Solid Waste, Transit and Water Quality were reviewed and discussed. Ms. Murray indicated that $5 million in funding for a planned Fire/Police/Emergency Services Training Center was moved from Hagerstown Community College to the Public Safety category, due to plans for a new, yet to be determined location. She noted that departments are catching up on their vehicle replacement schedules after deferring them during tough economic conditions. Rob Slocum, Director, Engineering and Construction Management, commented that pavement maintenance is still difficult to manage due to the severe State cuts to highway user revenue funding nine years ago. The County must use cost-effective ways to address deteriorating road conditions such as chip sealing rather than asphalt. Sheriff Doug Mullendore discussed systemic improvements necessary to the 32 -year old Detention Center to comply with State mandates. ARTHUR J. WILLIAMSON AND JUDITH R. WILLIAMSON RURAL LEGACY PROGRAM EASEMENT Eric Seifarth, Rural Preservation Administrator, Planning and Zoning, recommended approval of the Arthur J. Williamson and Judith R. Williamson Rural Legacy Program (RLP) Easement Project of $351,150 for 18.05 easement acres located at 6924 Girl Scout Road, Boonsboro, in the Rural Legacy Area. Mr. Seifarth described the land to be protected by the easement purchase. Commissioner Cline, seconded by Barr, moved to approve the Arthur J. Williamson and Judith R. Williamson Rural Legacy Program Easement Project of $351,150 as presented, to adopt an ordinance approving the purchase of the easement, and to authorize the execution of all such documents as may be required to affect the purchase. The motion passed unanimously. (Ordinance No. ORD -2016-02 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) RECESS The Commissioners recessed at 12:46 p.m. AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:38 p.m. with the following members present: Commissioners Jeffrey A. Cline and John F. Barr. SEPTIC BILL AND TIER MAP DISCUSSION Stephen Goodrich, Director, and Jill Baker, Chief Planner, Planning and Zoning, reviewed the status of Washington County's Tier Mapping that is required to comply with the Sustainable Growth and Agricultural Preservation Act of 2012 (also known as the Septic February 9, 2016 Page 6 Bill.) Washington County has not adopted a Tier Map and the Maryland Department of Planning (MDP) has renewed its efforts to assist counties with map adoption. The Septic Bill requires counties to designate all lands in four tiers with the intention of prohibiting the installation of new septic systems in growth areas (Tiers 1 and 2.) Planning staff previously presented several versions to the State but the previous Board of County Commissioners declined to adopt a tier map. Planning and Zoning staff has prepared further versions of the tier maps that were reviewed by the MDP, however; it has indicated it would have negative comments on the proposals. Steve Goodrich noted that the MDP believes County lands zoned Agriculture should be placed in Tier 4; however, Planning and Zoning staff believe it should be Tier 3. MDP representatives have recommended the following: 1) Amend the purpose of the Agriculture Zone to state that a large lot subdivision was a purpose of that district; and 2) Adopt Rural Zone to Rural Zone transferable development rights. Mr. Goodrich stated that to change the purpose statement of the Agriculture Zone would reinforce what it already allows, as the zone already permits large lot residential subdivisions. The purpose statement states that the intent is to preserve agricultural land; however, it does allow large lot residential development. He indicated that at this time, no major subdivisions (over seven houses) may be approved due to the County's non - adoption of tier mapping. He requested guidance from the Commissioners regarding the manner in which to proceed. The Commissioners discussed the matter. Commissioner Barr questioned the effect of tier mapping on subdivision values. The Commissioners briefly discussed transferable development rights. They took the information under advisement. TOWN GROWTH AREA REZONING DISCUSSION Mr. Goodrich and Ms. Baker introduced a discussion of comprehensive rezoning proposals for the Boonsboro, Smithsburg, Hancock and Clear Spring Town Growth Areas (TGA.) The zoning proposals are the third and final step in the implementation of a Countywide zoning update recommended by the 2002 Comprehensive Plan. The Rural Area rezoning was completed in 2005 and the Urban Growth Area (UGA) in 2012. The UGA rezoning approved in 2012 implemented significant changes in the Zoning Ordinance text maps intended to encourage development to locate where supporting infrastructure could be provided in the most efficient manner. Town growth areas provide the infrastructure to support development and relieve development pressure on rural areas where preservation is the priority. The Planning Commission and staff prepared the zoning proposals for each town growth area and received citizen comment during public meetings in each town. The lands proposed for change are positioned between the municipal boundary and the County designated growth area. The proposals were modified to address citizen comments. Mr. February 9, 2016 Page 7 Goodrich stated that the Planning Commission voted to recommend adoption of the current proposal and the next step in the process would be a public hearing before the County Commissioners. Ms. Baker advised of concerns voiced by citizens during town public hearings including the possibility of annexation of their land into municipal boundaries, mandatory water and sewer hookups and potential tax increases. She also noted that several text amendments previously approved by the Commissioners, including the elimination of irrelevant zoning areas, would be included in the adoption of the TGA. The Commissioners discussed the matter and agreed to provide further direction to staff at a later date. PUBLIC HEARING — APPLICATION FOR MAP AMENDMENT (RZ-15-002) President Baker convened a Public Hearing at 3:16 p.m. to obtain public comment on the application by Brian Kurtyka, Esquire, on behalf of property owner Heritage Huyett, LLC, to rezone property located at 16422 National Pike, Hagerstown, north of Huyett's Crossroads (RZ-15-002.) Commissioner Baker reviewed procedures for the Public Hearing and County Clerk Vicki Lumm administered the oath to those who planned to give testimony in the matter. Jill Baker, Chief Planner, Planning and Zoning, presented the staff report dated November 5, 2015 for RZ-15-002 on behalf of the Washington County Department of Planning and Zoning. The subject parcels totaling 90.5 acres are located on the west side of Maryland Route 63 (Greencastle -Williamsport Pike) and requested to be rezoned from RT -Residential Transition to BL -Business Local (24.06 acres) and PI - Planned Industrial (61.41 acres.) The Applicant has suggested a mistake was made in the property's RT zoning. In 2005, the property was slated for a PI zoning designation; however, the owner at that time was interested in using the property for residential housing. The housing market took a downturn after that period and the residential development never occurred. Ms. Baker indicated that the Planning Commission found there was sufficient justification to recommend approval of the request during its October 19, 2015 meeting. Brian Kurtyka of Kurtyka & Associates, LLC, 33 West Franklin Street, Hagerstown, attorney for the Applicant, presented the Applicant's case for map amendment. He noted that the concerns of local residents would be addressed including fencing and/or natural screening to mitigate any possible noise and lighting emitted from the planned office, retail and restaurant facilities. The hearing was opened for public comment. Sam Croteau, 12515 Huyett Lane, Hagerstown, stated that he lives across from the property's entrance at the north end and expressed concerns as to what type of businesses may be located in the planned facility and their effect on his property. February 9, 2016 Page 8 Wes McNamee, 12515 Greencastle Pike, Hagerstown, expressed concerns with traffic near the entrance to his property and whether he would be required to connect to public sewer. Attorney Kurtyka presented rebuttal on behalf of the Applicant. He indicated that the businesses to be located there are allowed in the BL zoning. Mr. Kurtyka referred to State Highway Administration requirements that would govern the area. He expressed the desire to work with neighboring property owners regarding their concerns. Ed Schreiber, Project Developer, Frederick Seibert Associates, discussed the BL versus BG concept, commenting that BL is generally to serve local community and does not involve large superstores. The Commissioners discussed the matter. The Public Hearing was closed at 3:52 p.m. It was the consensus of the Commissioners to further discuss the matter during a future meeting. CITIZENS PARTICIPATION No citizens were present who wished to comment. RECESS The Commissioners recessed at 3:55 p.m. EVENING MEETING — TOWN OF FUNKSTOWN An evening meeting of Board of County Commissioners of Washington County, Maryland, was held at Funkstown Town Hall, 30 East Baltimore Street, Funkstown. (Commissioner LeRoy E. Myers, Jr. was absent. Commissioner Vincent G. Spong resigned from the board on January 29, 2016.) 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 meeting to order at 7:00 p.m. with the following members present: Vice President Jeffrey A. Cline and Commissioner John F. Barr. COMMISSIONERS REPORTS AND COMMENTS Commissioner Cline attended fire company banquets for the Clear Spring, Maugansville and Funkstown volunteer companies. He attended the legislative reception of the Maryland Fire Chiefs in Annapolis. Mr. Cline reported that he presented a certificate of recognition to new Eagle Scout Michael Carter during his Court of Honor ceremony. February 9, 2016 Page 9 Commissioner Barr commented that he traveled last week to Annapolis to testify during legislative meetings as President of the Maryland Association of Counties (MACo.) He discussed the return of highway user revenue to counties and the high cost of school construction. Commissioner Baker also attended the Fire Chief's legislative reception in Annapolis that included students enrolled in the local public schools' Fire Academy program. He attended the ribbon -cutting ceremony for the "Homes for Our Troops" home built for injured veteran Sgt. Kevin Jaye. Mr. Baker thanked staff for work done on last week's State of the County presentation. He presented a certificate to Dorothy Poffenberger in honor of her 101't birthday. REPORTS FROM COUNTY STAFF Engineering and Construction Management Rob Slocum, Director, Engineering and Construction Management, reported on the Southern Boulevard bypass project start in February that was delayed due to the recent snowstorm. He discussed House Bill 721 and Senate Bill 711 concerning the prevailing wage format and the new minimum rate for projects $25,000 or above. Commissioner Barr discussed the use of incentives to contractors to complete projects early and under budget. Mr. Slocum reported that two County projects achieved success under those premises. MAYOR AND COUNCIL COMMENTS Mayor Paul N. Crampton, Jr. welcomed the Commissioners to Funkstown. He discussed the Southern Boulevard project that will help alleviate traffic congestion in the town. He reported that Funkstown is in the process of acquiring 40 acres just outside the town to add to its park. The town is looking for ways to fund $770,000 over a ten-year period while awaiting Program Open Space monies committed toward the purchase in approximately ten years. The mayor discussed the poor condition of its streets and the possibility of having the County serve as a conduit to borrow money at low interest rate if possible, to overlay/repave some streets in the Town and cover the land purchase for the park. County Administrator Greg Murray discussed options that may be available, including leveraging the State's borrowing at a lower interest rate as was done years ago and paid back through future highway revenues. Mayor Crampton thanked the County staff for help with snow removal and other issues in the town. Council member J.D. Taylor discussed the cost of numerous emergency incidents covered by the Funkstown Volunteer Fire Company due to its location near Interstate 70. Commissioner Cline advised that the County's Emergency Services Advisory Council could discuss the topic. CITIZENS' PARTICIPATION Mark Gamerman, Hagerstown, discussed the Barbara Ingram School for the Arts (BISFA) and the need for the downtown Academic Hub. February 9, 2016 Page 10 BIFSA creative writing student Max Gamerman discussed the program and spoke in favor of the Academic Hub. Chris Lane, Hagerstown, whose daughter attends BISFA, spoke highly of the school and the Academic Hub. Renee Scott, Hagerstown, whose daughter attends BISFA, commented in favor of the downtown Academic Hub. Dana Hadigian, Hagerstown, and daughter Emily, spoke in favor of the Academic Hub. Robert Young, Hagerstown, whose son attends BISFA, discussed how well his son does at the school and was in favor of the Academic Hub that would accommodate more students. County Administrator Greg Murray discussed developments with the Academic Hub proposal and the Commissioners' desire to include partners such as the City of Hagerstown, Board of Education, Convention and Visitors' Bureau, Maryland Theatre, Washington County Free Library, and the University System of Maryland -Hagerstown. He provided an overview of the Commissioners' concept to provide more space for BISFA students while allowing the school to keep its autonomy. The Commissioners would like to promote the expansion of the project to include downtown partners such as the Maryland Theatre that could attain sustainable revenue, and to leverage projects that allow all partners to find success. Mr. Murray advised that the first meeting among the involved parties to discuss the scope of the project would occur tomorrow. BISFA Principal Rob Hovermale asked the Commissioners not to leave the school behind in their plans. ADJOURNMENT Commissioner Barr, seconded by Cline, moved to adjourn at 8:13 p.m. The motion passed unanimously. Gregory B. Murray, County Administrator John M. Martirano, County Attorney Vicki C. Lumm, County Clerk