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HomeMy WebLinkAbout070227 February 27, 2007 Hagerstown, Maryland Commissioners Barr, Baker, and Aleshire met at the Sheriff’s Department on Western Maryland Parkway on February 26, 2006 as part of the newly elected County Commissioners’ orientation program to discuss operations and tour the facilities. The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 8:30 a.m. by President John F. Barr with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Barr, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – FEBRUARY 20, 2007 Motion made by Commissioner Aleshire, seconded by Baker, to approve the minutes of February 20, 2007. Unanimously approved. APPOINTMENT – COUNTY ADMINISTRATOR Motion made by Commissioner Wivell, seconded by Aleshire, to appoint Gregory B. Murray as County Administrator to replace Rodney M. Shoop who is retiring. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval reported on the meeting in Annapolis last week with representatives from the Chamber of Commerce, Greater Hagerstown Committee, and City of Hagerstown. He stated that he and former Commissioner Greg Snook spoke to the University System of Maryland’s Administration class. Commissioner Kercheval informed the Commissioners that he met with members of the Teenage Pregnancy Task Force regarding allocation of funding. He stated that he distributed information received from a County Commissioner in Cumberland County, Pennsylvania, and asked whether the Board wanted to have representation in the coalition. After discussion, it was the consensus that they were interested in having representation in the group. Commissioner Baker stated that he attended the Community Action Council Board meeting and the orientation at the Sheriff’s Department. Commissioner Barr reported on the Agricultural Education Center Board meeting and the Rural Heritage Museum Committee. The Commissioners discussed the proposal to appoint two Commissioners to serve on a “2+2” Committee with two members of the elected Board of Education to address mitigation policy issues. Commissioners Kercheval and Aleshire volunteered to serve as the Commissioners’ representatives. REORGANIZATION OF DEPARTMENT OF PUBLIC WORKS Motion made by Commissioner Wivell, seconded by Kercheval, to promote Joseph Kroboth, III, as the Director of the Division of Public Works, and to appoint Gary Rohrer as Director of Special Projects. Unanimously approved. REVIEW OF FEASIBILITY STUDY FOR SOYBEAN EXTRACTION AND BIODIESEL REFINING FACILITY Robin Ferree, Economic Development Commission (EDC) Business Development Specialist, stated that in August of 2006, Chesapeake Bio-Energy, LLC expressed interest in locating a 30 million gallon per year biodiesel production facility in Washington County and requested financial support to fund an independent feasibility study to verify that the County was a suitable location. The Maryland Department of Business & Economic Development (DBED), the County Commissioners, and the Hagerstown/Washington County Industrial Foundation, Inc. (CHIEF) agreed to fund the study. Mr. Ferree stated that BBI International, Inc. was chosen to perform the study. He then introduced Mark Soutter, Technical Analyst with BBI International, who reviewed the findings regarding the feasibility of a soybean extraction and biodiesel refining facility in Washington County and provided information on biodiesel fuels in general. FEBRUARY 27, 2007 PAGE TWO Mr. Soutter informed the Commissioners that there are adequate sources for the soybean and available markets for the biodiesel, soy meal and other byproducts. He stated that, based on current federal subsidies, the plant would be profitable. Mr. Soutter explained that the study considered such items as feedstock availability, road and rail access and transportation infrastructure, utilities, biodiesel and co-product market proximity, labor availability, community services, and location relative to communities and homes. The meeting was opened for questions and discussion. CAPITAL IMPROVEMENT PLAN (CIP) REVIEW Debra Murray, Director of Finance; Gary Rohrer, Director of Special Projects; and Mike Thompson, Director of Planning & Community Development, met with the Commissioners to review the 2007-2012 Capital Improvement Program (CIP) budget. The Committee then continued their review of the General Government and Drainage projects. The Commissioners agreed to continue their review of the CIP budget during the afternoon session. CITIZENS’ PARTICIPATION Jeff Cline, Councilman for the Town of Williamsport, offered congratulations regarding the new County appointments. He thanked the County for their assistance with infrastructure problems and recent improvements that were made in the Town. He presented Greg Murray, Joe Kroboth, and Gary Rohrer with Town of Williamsport lapel pins. Hagerstown Mayor Robert Bruchey thanked the Commissioners who traveled to Annapolis last week. He stated that a Downtown Summit is being planned with the goal of presenting Hagerstown and Washington County as a destination for future developers. He requested a grant of $5,000 from the County to match the City’s funding of the project. After discussion, the Commissioners asked for additional information and took the matter under consideration. Mayor Bruchey promised to provide the information to them by the end of the week. COUNTY ATTORNEY ISSUES Kirk Downey, Assistant County Attorney, informed the Commissioners that Delegation Chair LeRoy Myers has asked the Commissioners to take a position on House Bill 1148 which provides that no local government or municipality may engage in rent control. He stated that Washington County now has specific authority to enact rent control. After discussion, the Commissioners agreed to wait until this issue could be discussed with Maryland Association of Counties (MACo) representatives at the Legislative Committee meeting tomorrow in Annapolis. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, reminded the Commissioners that the EDC Business Awards are scheduled for February 28 and that March 6 is the State of the City presentation. Mr. Murray informed them that the orientation session scheduled that afternoon at the Recreation Department would be rescheduled. He also asked if the Commissioners wanted to schedule a workshop on strategic initiatives in order to establish goals. After discussion, Mr. Murray agreed to return next week with proposed dates for the workshop. REPORTS FROM COUNTY STAFF Motion made by Commissioner Kercheval, seconded by Aleshire, to approve filling the following vacancies: Skilled Trades Worker (Water Quality Department); Utility Worker II (Water Quality Department); and Equipment Operator III at the Highway Department. Unanimously approved. Joe Kroboth, III, Director of Public Works, informed the Commissioners that performance testing with gas flares will soon be completed at the Resh Road Landfill. Mr. Kroboth provided an update on the house fire in southern Washington County on Sunday. Mr. Kroboth indicated that the Highway Department had a truck in the area within 10 minutes of receiving a call about the fire. He stated that he would continue to work closely with the Emergency Services Department to assure that all agencies are working cooperatively. FEBRUARY 27, 2007 PAGE THREE BUDGET PRESENTATION – HAGERSTOWN REGIONAL AIRPORT Carolyn Motz, Airport Manager, and Phil Ridenour, Special Operations Administrator, presented the Airport budget for FY 2007. She introduced the Airport Advisory Commission members who were in attendance. Ms. Motz projected revenues of $2,783,430 for FY 2008. She reviewed the major changes in budget categories and line items and the reasons for the proposed changes. The meeting was then opened for questions and discussion. RECESS – LUNCHEON AND RIBBON CUTTING CEREMONY – SPRINGHILL SUITES The Commissioners recessed at 11:30 a.m. in order to attend a luncheon and ribbon cutting ceremony for the grand opening of the new SpringHill Suites. Commissioner Barr presented a proclamation designating February 27, 2007 as SpringHill Suites by Marriott Hotel Day in celebration of the grand opening of this facility. AFTERNOON SESSION The afternoon session was called to order at 1:42 p.m. by President John F. Barr, with the following members present: Vice President Terry L. Baker, and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. DONATED CONSERVATION EASEMENT – ALAN F. STONEBRAKER & FAMILY Eric Seifarth, Rural Preservation Administrator; Holly Thibault, Land Preservation Planner; and Peter Vorac, Director of the Mid- Maryland Land Trust, met with the Commissioners to request approval of the use of Agricultural Transfer Tax funds for administrative and settlement costs for a donated conservation easement. Mr. Seifarth explained that Alan F. Stonebraker and family are donating an easement on a 98.58 acre parcel of property near Hancock, Maryland. He stated that an appraisal is presently being done by Ritter Appraisal Services. He estimated that the administrative costs would be approximately $10,500 and $4,000 would be needed to cover the settlement costs and appraisal. Mr. Vorak reviewed the process and the details of the property and easement agreement. The meeting was opened for questions from the Commissioners. Motion made by Commissioner Kercheval, seconded by Baker, to approve the use of Agricultural Transfer Tax funds for administrative and settlement costs relating to the donated conservation easement by Alan F. Stonebraker and family as presented by Staff. Unanimously approved. REVIEW OF HOUSE BILLS 125 AND 260 AND THEIR IMPACT TO CHARITABLE GAMING James Hovis, Director of the Washington County Gaming Office, met with the Commissioners to discuss the impact of House Bill 125 and House Bill 260 on Washington County’s charitable gaming. Mr. Hovis stated that House Bill 125 calls for the formation of a task force to study charitable gaming and make recommendations to the Governor. When a task force was formed in 2003 for this same purpose, the recommendation called for state control of all charitable gaming activities. If this same recommendation is made, it would have an adverse impact on Washington County’s charitable gaming. Mr. Hovis stated that Delegate Hixon assured him that this bill is intended to address issues on the Eastern Shore and that Washington County’s program would not be affected. House Bill 260 calls for the formation of the Maryland Gaming Commission and provisions would place regulation of all charitable gaming activities under the control of the Maryland Gaming Commission. The Bill would preempt the current gaming legislation and Washington County gaming would be nonexistent. He recommended that the Commissioners oppose this bill since it could lead to State control. The meeting was then opened for discussion and questions. It was the consensus to take a position in opposition of House Bill 260 and to voice the County’s concerns on House Bill 125, but not to publicly oppose the bill. SCHOOL MITIGATION PROPOSAL – CLAGGETT’S MILL DEVELOPMENT Michael Thompson, Director of Planning & Community Development, Jason Wiley, President for Elm Street Development, and Krista McGowan, counsel, met with the Commissioners to discuss the proposed mitigation agreement with the developer for the Claggett’s Mill Development as it relates to FEBRUARY 27, 2007 PAGE FOUR school capacity under the Adequate Public Facilities Ordinance (APFO). Mr. Thompson stated that the developer submitted an amended mitigation plan on December 27, 2006. The new plan involves the entire 238 units, and the developer is proposing to pay the current $13,000 excise tax and $9,000 mitigation amount per unit. The phasing schedule is proposed as follows: 2006 – 0; 2007 – 20; 2008 – 50; 2009 – 17 from Phase 1 (50 total if the next phase receives final plat approval); 2010 – 50; and then 50 units each year until the project is completed. The developer is proposing that there be no doubling of the excise tax in a year if more than 25 building permits sought. Mr. Thompson stated that, as presented, the proposal for the entire development would produce $5,236,000 of excise tax and mitigation funds. The meeting was then opened for questions and comments. Mr. Wiley stated the advantages of moving forward to address school mitigation issues for the entire project rather than only addressing Phase I of the project. The meeting was opened for questions from the Commissioners. Mr. Thompson recommended that the County collect the $9,000 per dwelling mitigation amount when the plats are recorded and the excise tax fees when the developer obtains the building permits. It was the consensus of the Commissioners to approve the proposal for school mitigation issues only for Claggett’s Mill and to have staff proceed to draft an agreement outlining the payment issues. Motion made by Commissioner Wivell, seconded by Kercheval, to approve the proposed mitigation agreement with the developer of the Claggett’s Mill Development, as it relates to school capacity only under the Adequate Public Facilities Ordinance (APFO) as presented, with the understanding that a written agreement will be drafted by the County Attorney’s Office which will be provided to the Commissioners for final approval.Motion carried with Commissioners Wivell, Kercheval, Baker, and Barr voting “AYE” and Commissioner Aleshire voting “NO.” CIP BUDGET REVIEW – CONTINUED The Commissioners continued their review of the projects submitted for the Capital Improvements Program (CIP) for Fiscal Years 2008-2013. Debra Murray, Finance Director, Mike Thompson, Planning Director, and Gary Rohrer, Director of Special Projects, attended the workshop and continued their review of projects. YOUTH OF THE MONTH AWARD – FEBRUARY 2007 The Commissioners presented a certificate of merit to Evan Hardy (Springfield Middle School) in recognition of his selection as the Youth of the Month by the Washington County Community Partnership for Children & Families (WCCP) for February 2007. The Commissioners commended him for his leadership, academic, and extra-curricular activities. Commissioner Barr stated that he would also receive a $100 savings bond from the WCCP. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Wivell, to convene in closed session at 3:32 p.m. to discuss the appointment, employment, assignment, promotion, compensation, or performance evaluation of appointees, employees, or officials over whom the Commissioners have jurisdiction; personnel matters that affect one or more specific individuals; consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; and consult with counsel to obtain legal advice, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Kercheval, seconded by Aleshire, to reconvene in open session at 5:34 p.m. Unanimously approved. In closed session, the Commissioners discussed four (4) personnel matters relating to the appointment, employment, assignment, promotion, or performance evaluation of appointees, employees or officials over whom it FEBRUARY 27, 2007 PAGE FIVE has jurisdiction; personnel matters that affect one or more specific individuals; considered a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; and consulted with counsel to obtain legal advice. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present at various times were: Rodney Shoop, former County Administrator; Gregory Murray, County Administrator; John Martirano, County Attorney; Andrew Wilkinson, Assistant County Attorney; Joni Bittner, County Clerk; Dee Hawbaker, Acting Director of Human Resources; Pete Loewenheim, Communications Maintenance Director; Joe Kroboth, Director of Public Works; Tim Troxell, Director of the Economic Development Commission (EDC); Cassandra Latimer, Deputy Director of EDC; Sonja Hoover, EDC Fiscal/Research Specialist; Robin Ferree, EDC Business Development Specialist; and Robert Garver, Regional Office of the Department of Business & Economic Development. APPROVAL – EMPLOY EQUIPMENT INSTALLER/TECHNICIAN Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the recommendation to employ Brian Frye as an Equipment Installer/Technician (Grade 8) in the Communications Maintenance Department at a salary of $36,400. Motion carried with Commissioners Aleshire, Kercheval and Barr voting “AYE” and Commissioners Baker and Wivell voting “NO.” SALARY - DIRECTOR OF PUBLIC WORKS Motion made by Commissioner Aleshire, seconded by Wivell, to approve upgrading Joseph Kroboth, Director of Public Works, to Grade 19 with a 6% salary increase. Unanimously approved. RESTRUCTURING – COUNTY DEPARTMENT OF WATER QUALITY Motion made by Commissioner Aleshire, seconded by Wivell, to approve the creation of the Division of Environmental Management, which would include the Department of Water Quality and Solid Waste Department, creation of a Deputy Director of Operations and a Deputy Director of Engineering Services, and to appoint Julie Pippel as the Temporary Acting Director of the Division of Environmental Management until such time as Director of the Division of Environmental Management position is filled. Unanimously approved. Motion made by Commissioner Wivell, seconded by Aleshire, to approve the creation of the position of Director of the Division of Environmental Management (Grade 19) with a job description to be established and to include two Deputy Director positions (Grade 16) at the Department of Water Quality that would report to the Director and to reclassify the Director of the Department of Solid Waste to Deputy Director (Grade 16) in this new Division, with the salary level of the current director to remain intact at its present level. Unanimously approved. SALARY – COUNTY ADMINISTRATOR Motion made by Commissioner Wivell, seconded by Kercheval, to set the salary for Gregory Murray, County Administrator, at $105,000, including the assignment of a County vehicle, and that approximately 12½ years of previous County service be restored to Mr. Murray for retirement purposes. Unanimously approved. ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Baker, to adjourn at 5:42 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk