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HomeMy WebLinkAbout091208 December 8, 2009 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:12 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 Commissioner Barr asked citizens to keep in mind the December 7th anniversary of Pearl Harbor this week. He delivered the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – DECEMBER 1, 2009 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of December 1, 2009 with incorporated changes. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Barr reported that there are a number of events that the Commissioners are invited to this time of year and they will try to coordinate attendance. He mentioned attending the Chamber Board meeting held yesterday where he spoke regarding County finances, issues, and activities. He enjoyed attending the Festival of Trees event sponsored by Robinwood Medical Center for the benefit of its endowment fund and noted that the new Regional Medical Center facility is ahead of schedule. He received comments that hospital officials involved with the project have enjoyed a good working relationship with the County’s Permits and Inspections Department. Mr. Barr announced that the 2010 Census will be publicized in a major blitz beginning in January 2010 through various entities, such as the public school system, faith based groups, and minority populations, to encourage participation. He noted the program’s slogan, “It Pays to be Counted,” and that residents will appreciate the new abbreviated, ten-question form being used. Commissioner Barr reported that ten years ago, Washington County ranked lowest in the state for participation, and he stressed that participation equates to approximately $1000/person per year in state funds received. He is working with Senator Munson to improve the return rate and expects Washington County to have the quickest and highest return rate this year. Commissioner Barr discussed his recent trip to Jinhua, China, with Kaplan University representatives, stating that he made the trip on his own and paid his own way. He explained that the memorandum he signed with the Mayor of Jinhua is a “feel good” agreement and that nothing financially had been committed on behalf of the Board. He said that the document’s wording states in part that the parties will “endeavor to promote common prosperity…” Commissioner Aleshire commented, and expressed to Kaplan representatives, that there was a clear difference between the two entities and their governmental structures, and that establishing an agreement should not be taken lightly. He stated that a “possible sister city relationship” was discussed at a previous meeting of the Board, but he was not under the impression that a formal decision had been made. Commissioner Aleshire requested that a formal motion be made concerning the document that was signed on behalf of the Board. Commissioner Kercheval read excerpts and expressed the opinion that it was a “feel good” memorandum intended to open up communications between the two governmental bodies. He felt that this memorandum was not related to China’s human rights issues. Commissioner Barr informed those present that several Maryland counties have similar sister city relationships and one has worked to locate a bio-tech research firm in the State. He also noted that while in China, he met a representative from Tiger Management of Silver Spring, Maryland, who was representing the Maryland Department of Business and Economic Development (DBED). Commissioner Baker felt that it was a goodwill gesture rather than a commitment from Washington County government, and compared it to the sister city arrangement with Wesel, Germany and the City of Hagerstown many years ago. Commissioner Wivell stated that he had no problem with establishing the relationship and applauds Commissioner Barr for taking the initiative and funding his portion of the trip. December 8, 2009 Page two Commissioner Baker reported attending a meeting of the Recreation and Parks Board, noting that it will hear requests in the spring 2010 for approximately $40,000.00 in anticipated Program Open Space (POS) funds. He informed those present that the winter brochure went out last week for programs beginning in January 2010. He stated that the walking trail at Marty Snook Park has been completed and that it is an outstanding trail. He thanked Director Jim Sterling for his excellent work. Commissioner Kercheval stated that he attended the C-Safe Christmas luncheon recognizing its successful after school program and efforts in the community. He stated that the Planning Commission met last night and an Urban Growth Area Rezoning workshop was held prior to the meeting. Items discussed included a variance request and site plan approval for a new office building at the Hagerstown Regional Airport using the fast track program. Commissioner Kercheval attended the Business Tax Reform Commission meeting in Annapolis last week where he viewed a presentation from a national site consultant regarding the evaluation process used and the incentives it seeks when selecting the best economic development site for its client. The consulting group noted the importance of a community offering incentives to attract jobs and that Maryland was deficient when compared to competing states. He noted that the PowerPoint presentation was emailed to his fellow Commissioners. Commissioner Wivell had no comments. Commissioner Aleshire stated that he attended the Keedysville Mayor and Council meeting where concerns regarding the new tax differential method were discussed. The Board noted that its funding was used for the residential deputy program. Mr. Aleshire informed the Town that a one-on-one meeting would be set in the near future with County Administrator Greg Murray to address their concerns. He reported attending the Antietam Battlefield luminary display over the weekend although the weather less than ideal. He also attended the C-Safe luncheon last week and was surprised to find that funding for some activities had been cut and more may be forthcoming. Commissioner Aleshire enjoyed attending the lighting at Hagerstown City Park and mentioned that the Museum of Fine Arts was crowded with children enjoying the planned activities. He also spoke to a Hagerstown Community College Civics class about local issues and noted that recycling was the focus. Mr. Aleshire attended the Solid Waste Advisory Board meeting where recycling was also discussed. He and Commissioner Barr attended a meeting at the Hagerstown Regional Airport with educational institutions that could potentially bring certification programs to the area. Commissioner Aleshire read a memorandum he composed directed to the general public stating that he supports the library renovation project but is concerned that the public has not received full disclosure during the planning stages. Commissioner Kercheval commented that there are different views on what has transpired concerning the library project and noted that he has been present at all of the meetings held and nothing is going on “behind the public’s back.” He explained that the main entrance and parking lots were discussed at a joint City Council/County Commissioner meeting, that the $6 million budget was in the Capital Improvement Plan (CIP) approved several years ago, and that the library will sponsor a capital campaign for funds to cover cost overruns. Mr. Kercheval felt that it is a great project and a nice investment in the downtown core. Commissioner Wivell commented that he was skeptical at first, however, it has evolved well, is in the CIP budget, there is available funding from the State, and it is a good deal at this time. Commissioner Kercheval noted that $3 million is being provided by private funds. Commissioner Aleshire expressed concerns with cost escalations and Commissioner Wivell stated that the Library Board would have to return to the Commissioners if that were to occur. Motion made by Kercheval, seconded by Wivell, to officially approve the memorandum between Jinhua, China, and Washington County, to establish a “sister city” relationship, that was signed by Commission President Barr during his visit to China last month. The motion passed with December 8, 2009 Page three Commissioners Kercheval, Wivell, Baker and Barr voting “AYE”, and Commissioner Aleshire voting “NO”. WORKSHOP SESSION – PROPOSED STORMWATER MANAGEMENT, GRADING, SOIL EROSION AND SEDIMENT CONTROL ORDINANCE Joe Kroboth, III, Director of Public Works; Jennifer Smith, Deputy Director of Public Works – Land Development Engineering; Elmer Weibley, Soil Conservation District Manager; and Dee Price, Soil Conservation District Urban Director, continued a review from November 17 of the proposed Stormwater Management, Grading, Soil Erosion and Sediment Control Ordinance (Ordinance), beginning at Section 3.9. Mr. Kroboth informed the public that the document is posted on the County’s website under the Land Development Engineering Department. The Commissioners discussed the review until 10:30 a.m. to allow time for the Citizens Participation and Other Business portions of the meeting. CITIZENS PARTICIPATION Washington County Free Library Board of Trustees’ President Art Callaham, on behalf of the Board, apologized to the Commissioners and the public for the apparent lack of transparency regarding the Central Library renovation project plans. He presented a brief status report and announced that the Library Board will kick off a capital campaign in 2010 to raise the remaining $1 million in funds needed for the project. Mr. Callaham stated that of the approximately $24 million needed for the project, the following amounts are already set aside: State of Maryland - $11.3 million; Washington County - $7.04 million; City of Hagerstown - $1.5 million; Library endowment fund - $2 million; Capital campaign - $1 million (anticipated); and an anonymous gift of $1 million. He promised that if there are overruns, the Library Board of Trustees would not return to the taxpayers for additional funding. He also thanked the County for offering temporary operating and storage space in the former Phoenix Color building. Commissioner Aleshire commented that many discussions were private and not open to the public. Mr. Callaham recalled at least two public sessions held with the Commissioners concerning the project during the past year. The Commissioners thanked Mr. Callaham, for his efforts on behalf of the community. OTHER BUSINESS: Reports from County Staff Stephanie Stone, Washington County Community Partnership (WCCP) Director, requested formal acceptance of the award for the second year bridge program that provides transitional housing and supporting services to homeless individuals and is a collaborative effort between Washington County Community Action Council, St. John’s Shelter, CASA, the Salvation Army, and REACH. She noted that the $61,000.00 award is expected to assist 25 participants this year. Motion made by Commissioner Kercheval, seconded by Baker, to approve acceptance of the award as stated. Unanimously approved. Greg Larsen, Hagerstown Regional Airport Business Development Manager, informed the Commissioners that the three prime businesses at the airport - Agusta Westland, Inc., Northrup Grumman, and Sierra Nevada Corporation, have been challenged with workforce issues so a familiarization tour was quickly organized and held last week. Mr. Larsen stated that leading schools across the country offering aeronautical education were invited and five attended to tour the businesses and become familiar with what is happening in Hagerstown. He thanked the airport businesses for their cooperation on such short notice and stated that he believes it will result in future programs being available to train individuals for jobs with the businesses. Commissioner Barr, who attended the event, thanked Mr. Larsen and Airport Director Carolyn Motz, and stated that much good should come from the efforts taken. Public Works Director Joe Kroboth, III, reported on several items: Communications Tower Balloon Test - The balloon test was conducted on several parcels proposed for the Keep Tryst Communications Tower site. December 8, 2009 Page four The consulting firm was able to perform the test but one of the balloons was off site by approximately 500 feet, so the balloon will be floated again this week to accurately photograph the correct location. He noted, however, that the site was the Committee’s third preference. Oak Ridge Drive at Funkstown - Mr. Kroboth discussed a high accident location at Oak Ridge Drive heading toward Funkstown at the bridge that is being reviewed by the Traffic Advisory Committee. He stated that the accidents seem to be speed-related but efforts to improve the area are being studied. Mills Road Bridge Project - Mr. Kroboth stated that construction was begun in August on the Mills Road Bridge in the Sharpsburg area and that it is scheduled to be reopened as soon as paving can be completed. Stimulus Funding for Pavement Maintenance - Mr. Kroboth informed the Commissioners that a Pre-Bid Conference was held for the $2.3 million Stimulus Funding Pavement Maintenance Project. County Commuter Bus Station Project - Commissioner Kercheval requested an update on the progress of the planned bus station at Prospect and Franklin Streets. Mr. Kroboth stated that the site plan has been approved and he is awaiting authorization from the Maryland Transit Authority (MTA) to advertise the project. He mentioned that as a condition of the permit, the State Highway Administration (SHA) is asking the County to reconstruct four off-site handicap ramps on the corners of the intersection. Mr. Kroboth questioned that requirement and has scheduled a meeting with SHA. County Administrator’s Comments Greg Murray referenced the tax differential method discussions being held with the municipalities and noted that he met with the Town of Boonsboro last night. Mr. Murray mentioned recent State cuts that did not affect Washington County’s weed control program, due to the program’s self-sufficiency. The County has one of the few self-supporting programs in the State. WORKSHOP SESSION – STORMWATER MANAGEMENT (cont.) Jennifer Smith continued the review at Section 3.14. She commented that more individual stormwater management facilities may be necessary in the future for single lots due to new requirements. Elmer Weibley was introduced to discuss the sediment control portion of the ordinance, which has not been updated since 1985. Commissioner Kercheval suggested that a compliance requirement be added to Section 5.3.7 and 5.3.8, suspending a sediment control plan until a site is back into compliance, and Mr. Weibley agreed. Mr. Kroboth felt that in order to balance roads that don’t function well, requiring closed sections (curbs) was the most appropriate way to proceed, opposed to open sections (no curbs/ditch.) He stated that he would be holding a meeting with consultants on December 17 to discuss the proposals and obtain feedback. A final workshop with the Commissioners would be scheduled after the first of the year. He requested that comments be forwarded to him in the meantime. CONTRIBUTION TO WASHINGTON COUNTY COMMUNITY LOBBYING COALITION Brien Poffenberger, President of the Hagerstown-Washington County Chamber of Commerce, thanked the Commissioners for their five year participation in the Washington County Community Lobbying Coalition (Coalition). He explained that the Coalition’s goals are agenda development, and identifying a need and linking it to opportunity by pooling resources. Mr. Poffenberger stated that contributions to the Coalition provide a strategic lobbying program, a day in Annapolis presenting a broad front, meet and greets, year-long advocacy updates, tracking legislation, and advice on specific events. It serves as a “trip-wire service with eyes and ears” if something happens that may affect Washington County, such as the threat to gaming revenue issue that arose several years ago. He informed the Commissioners that this year, the Coalition partners agreed that the need is to protect the State’s current commitments to Washington County. He mentioned that the Big Slackwater Project on the C & O Canal December 8, 2009 Page five will also be supported by the Coalition. Mr. Poffenberger requested that the County continue to be a Coalition partner with a $10,000.00 contribution toward lobbying coalition efforts. Commissioner Aleshire commented that it is a good partnership but he has questioned the process and the Coalition’s selections the past two years. Commissioner Kercheval noted that he attended all the Coalition meetings and supports the plan to work on maintaining State funding commitments. In response to Commissioner Baker’s question, Mr. Poffenberger stated that so far, all funding partners have agreed to fund at the required level. Motion made by Commissioner Kercheval, seconded by Baker, that the County support the request for $10,000.00 for the community-wide lobbying effort for the upcoming year. Commissioner Wivell commented that he would register the same vote as in the past; that he does not see government hiring lobbyists as its function. County Administrator Greg Murray requested that additional funding be taken from the Commissioners’ contingency fund as done in the past. Commissioner Kercheval agreed. The motion passed with Commissioners Kercheval, Baker and Barr voting “AYE” and Commissioners Wivell and Aleshire voting “NO.” RECESS The Commissioners recessed at 12:04 p.m. for lunch. RECONVENE The Commissioners reconvened the meeting at 1:17 p.m. DISTINGUISHED BUDGET AWARD PRESENTATION Commissioner Barr presented a Certificate of Merit to Debra Murray, Director of Budget and Finance, in recognition of the office having received the Distinguished Budget Presentation Award from the Government Finance Officers Administration (GFOA) for Fiscal Year 2010. He stated that this award is the highest form of recognition in governmental budgeting and represents the commitment of staff to meet the highest standards, and that the Department has earned this award six years in a row. The Commissioners congratulated Ms. Murray on this achievement. Ms. Murray thanked the Commissioners for the Certificate and recognized her staff for assistance. FIRE & RESCUE COMPANIES INSURANCE RENEWAL Becky Maginnis, Risk Management Administrator, appeared before the Commissioners to recommend insurance placement for policy year January 2010 to January 2011 for all fire and rescue companies in the Washington County Fire and Rescue Association. She introduced Jim Elkhart of Willis of Maryland, Inc., whose company performed a renewal market survey, and is recommending Selective Insurance Company for an annual premium of $353,293.00 for property and casualty and $233,138.00 for volunteer workers compensation coverage. Ms. Maginnis stated that there was a slight increase from last year for property casualty, mostly due to claim cost and frequency. Kevin Lewis, Director of Emergency Services, informed the Commissioners that he has asked Willis to develop a risk analysis assessment for fire and rescue departments in an effort to control and reduce future claims. Motion made by Commissioner Kercheval, seconded by Baker, to award package insurance placement for policy year January 2010 to January 2011 for all fire and rescue companies in the Washington County Fire and Rescue Association to Selective Insurance Company for an annual premium of $353,293.00 for property and casualty and $233,138.00 for volunteer workers' compensation coverage. Unanimously approved. JOB ATTRACTION AND CREATION PROGRAM Rob Ferree, EDC Deputy Director, presented a report on a Job Attraction and Creation (JAC) Program to encourage existing companies to expand and add jobs and to attract new businesses to the County. He stated that the Commissioners had previously set aside $1 million in the FY 2010 budget for a “Stimulus Program” and were working on a project that did not come to fruition. Mr. Ferree stressed that there is still a need for such a program to encourage existing companies to expand. Mr. Ferree described December 8, 2009 Page six the program concepts and the Commissioners amended and agreed to the following: 1) a $1,500.00 cash incentive per non-retail job created paying at least 150% of the federal minimum wage or 200% of the federal minimum wage for retail jobs. The jobs must continue for at least three years; 2) a three-year payment program for any required excise tax, with the first payment due one year from the issuance of a building permit. Retail businesses must create at least ten new jobs to qualify; 3) a reduction of fees for building, electrical, HVAC and plumbing permits on a qualifying business’s new or expansion construction project. Fees would be reduced by 75% for all projects other than retail and residential projects and 25% for retail projects; and 4) fast track approval for projects creating at least ten jobs. The Commissioners appointed Greg Murray to monitor the fast track projects and quickly resolve any construction-related issues that occur within County departments or outside approving agencies and consultants. In addition, the program includes a provision that allows the County to force a company to repay the incentive if it does not follow through on the requirements. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve a Washington County Job Attraction and Creation (JAC) Program as discussed in today’s meeting, with amendments, to be limited to a half million dollars, and renewable, to be effective on December 14, 2009. The motion passed with Commissioners Kercheval, Aleshire, Wivell and Barr voting “AYE” and Commissioner Baker voting “NO.” Commissioner Baker commented that he sees loopholes in the program and wants to be assured that jobs will go to County residents and not to outside residents. FEDERAL AID FUNDING FOR BRIDGE REHABILITATION - AGREEMENT BETWEEN THE CITY OF HAGERSTOWN AND BOARD OF COUNTY COMMISSIONERS Joe Kroboth, III, Public Works Director; and Scott Hobbs, Chief of Capital Projects, requested approval of a formality agreement between the City of Hagerstown and Washington County for repair to three city bridges. Mr. Kroboth explained that the Federal Highway Administration provides funding to the County for major bridge reconstruction and rehabilitation and the County would be distributing 80% of the funds with the City being responsible for the other 20%. Motion made by Kercheval, seconded by Wivell, to approve a draft agreement and authorize the execution of the agreement between the City of Hagerstown and the County Commissioners for federal aid funding for bridge rehabilitation. The motion passed with Commissioners Kercheval, Wivell, Barr and Baker voting “AYE”. Commissioner Aleshire was absent during the vote. SENIOR CITIZEN CENTER PROJECT DISCUSSION County Administrator Greg Murray introduced discussion regarding the new Senior Citizen Center and stated that $3 million has been set aside for the project. Some issues to be finalized include final site location at Hagerstown Community College (HCC), design, and identifying funding sources and/or constraints. Mr. Murray displayed designs prepared by Brent Feight, of Bushey Feight Morin Architects, Inc., who donated his services. He has also been advised of funds that may be available if the new Senior Center incorporates programs for special needs participants and/or “Meals on Wheels.” Mr. Feight described the plans as they now stand, which incorporate staff office space on a second floor with an elevator, computer rooms, small confidential counseling rooms, café and kitchen areas, and a flexible design that can be changed or expanded in the future. The Commissioners discussed details of the project, including the road access, roof slope requirements, the timeline, and additional operational costs. Mr. Murray explained that utilities are currently part of the Aspiring to Serve lease, and that the new facility will be a high efficiency building. He stated that if the funds do not come through or the costs rise substantially, the plans would be scaled back. He advised that an agreement between the County and HCC is currently being worked on. December 8, 2009 Page seven It was the consensus of the Commissioners to approve the general concept of the project and move forward as long as funding is secured, the legal agreements are acceptable to the Board, and everything is signed and in place. In response to Commissioner Aleshire’s question if the additional funding does not come forth, the Commission on Aging indicated that the project will be scaled back to its original design and cost. Commissioner Baker gave Commissioner Wivell credit for having the foresight to place the Senior Center at HCC. Commissioner Kercheval commented that it was a nice plan but he still feels that the investment should have been in the downtown core. He stressed that the facility should have other uses during down times. Commissioner Barr thanked Brent Feight and Susan McDonald on behalf of the Commissioners and stated that it will be a state-of-the-art facility that will be owned by the County. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Kercheval, to convene in closed session at 3:25 p.m. to discuss the appointment, employment, assignment, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; to discuss a personnel matter that affects one of more specific individuals; to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; and to consider the acquisition of real property for a public purpose and matters directly related thereto, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. The motion passed with Commissioners Wivell, Kercheval, Baker, and Barr voting “AYE” and Commissioner Aleshire voting “NO.” In closed session, the Commissioners discussed the appointment, employment, assignment, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed a personnel matter that affects one of 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 considered the acquisition of real property for a public purpose and matters directly related thereto. Present during closed session were President John F. Barr, Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney; and Andrew F. Wilkinson, Assistant County Attorney; and at various times Joe Kroboth, III, Public Works Director; Greg Larsen, Airport Business Development Manager, Jim Sterling, Parks Recreation and Facilities Department Director, and Steve Goodrich, Chief Planner. RECONVENE IN REGULAR SESSION Motion made by Commissioner Baker, seconded by Aleshire, to reconvene in open session at 4:51 p.m. Unanimously approved. REAPPOINTMENT – PUBLIC GOLF CORPORATION Motion made by Commissioner Kercheval, seconded by Baker, to appoint Charles Mades to a second, three-year term on the Public Golf Corporation Board, extending through December 30, 2012. Unanimously approved. APPOINTMENT – HISTORIC DISTRICT COMMISSION Motion made by Commissioner Wivell, seconded by Baker, to appoint Dr. Thomas Clemens to a first, three-year term on the Historic District Commission, extending through December 30, 2012. Unanimously approved. ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Baker, to adjourn the meeting at 4:53 p.m. Unanimously approved. ____________________________ County Administrator ____________________________ County Attorney __________________________ County Clerk