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HomeMy WebLinkAbout091215 December 15, 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 The Invocation was given by Commissioner Barr followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – December 8, 2009 The minutes of December 8 will be scheduled for approval next week. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Baker stated that he attended the Community Action Council meeting. He expressed his appreciation to County Staff that assisted with the solar panel issue for the Smile Design Centre that needed resolving before the end of the year. Commissioner Kercheval reported that he attended a Pre- Legislation forum hosted by the Chamber of Commerce. He noted that the Planning Commission held a workshop regarding the Urban Growth Area (UGA) update. He attended two Metropolitan Planning Organization (MPO) meetings; one with representatives from the Norfolk Southern Railroad who are applying for Tiger Grant money from the federal government to upgrade lines and pull truck traffic off the road; the second with members of MPO’s executive committee to discuss budgetary issues. Commissioner Kercheval reported that he also attended a long range transportation plan update with MPO. He requested that County Administrator Greg Murray schedule a meeting with Budget and Finance to obtain figures projecting local road improvement funding needed to complete the plan due to a public hearing set for early spring. Commissioner Aleshire informed the Commissioners that he also attended the Chamber Pre-Legislation forum where Senator Edwards discussed flat-funding, and Delegate Serafini spoke about controlling pension plan increases, especially in the education system. He was present at the Citizens’ Legislative forum, where various individuals, including Department of Corrections’ employees, spoke about economic matters and guard/prisoner ratios. Commissioner Aleshire enjoyed the holiday party at the AFL-CIO and was present at the Clear Spring Mayor and Council meeting. Greg Murray mentioned that he would be meeting with the Town concerning the Tax Differential matter this Thursday at 4:00 p.m. Mr. Aleshire attended the Washington County Fire and Rescue Association (WCFRA) special meeting to discuss the EMS Master Plan, which was generally favored. He referred to an email from Committee Chair Alesia Parson- McBean requesting a letter of support from the Commissioners for the “Friends of the Coleman Black Heritage Museum” to be able to apply for State and Federal funding. He received another email regarding the proposed reopening of a commercial establishment in the Long Meadow Shopping Center area. Mr. Murray stated that he provided details on the matter in a recent email. Mr. Aleshire expressed the opinion that the County should consider an ordinance, currently being considered by Frederick County, relating to the use of illegal employees by contractors. He also noted an email received from Public Works Director Joe Kroboth, III, on environmental initiatives from several local groups regarding stormwater and bay restoration efforts in the Environmental Protection Agency’s hands. In response to several other questions from Commissioner Aleshire, Mr. Murray stated that the Restaurant and Beverage Association matter would be presented at the December 22 meeting and the draft policy for City extension of utilities would be scheduled on a future agenda for a cohesive response. Commissioner Wivell wished all a Merry Christmas and a Happy New Year. Commissioner Barr attended the Leadership Washington County holiday party where the entrance fee went to Safe Place and Potomac Case Management. He was present at the PenMar Development Board meeting where discussion centered on the Lemon/Biser lawsuit to cease and desist. He stated that December 15, 2009 Page two Corporate Office Properties Trust (COPT) has requested that the Commissioners send a letter to the court stating the hardships encountered as a result of the suit. Mr. Barr reported that he and Greg Murray spent time recently with Delegates Chris Shank and LeRoy Myers, area farmers, and Marketing Specialist Leslie Hendrickson-Hart, at the Ag Center regarding vineyards as a potential industry in Washington County. He felt that the Commissioners should assist the Planning Department in being flexible and creative toward conforming uses that are now major stumbling blocks. The Commissioners requested that the PenMar matter be placed on a future Commissioners’ agenda for future discussion. HAGERSTOWN SOFTBALL ASSOCIATION FUNDING ASSISTANCE Tom Riford, President, Hagerstown/Washington County Convention & Visitor’s Bureau,; and Mike Kelbaugh, representing the Hagerstown Fairground Softball Association, Inc. (Association), requested approval from the Commissioners for funding assistance of $20,000.00 to pay off the loan for lighting at the softball fields located at Fairgrounds Park. Mr. Riford explained that the tournaments held by the Association have had a significant economic local impact and that lodging tax is created from the tournaments, therefore, it would be appropriate to use funds from the Hotel Rental Tax Fund. Mr. Kelbaugh stated that the City of Hagerstown previously committed approximately $40,000.00 in Program Open Space funds for electric service to the Park, and the Association has raised $105,000.00 separate from today’s request. The Association is currently paying $19,000.00 per year for a five-year period. Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the Hotel Rental Tax Fund request from the Hagerstown Fairground Softball Association, Inc. in the amount of $20,000.00 as provided in the Association’s application. The motion passed with Commissioners Aleshire, Kercheval, Wivell and Baker voting “AYE”, and Commissioner Barr ”ABSTAINING.” Commissioner Barr noted for the record that he was abstaining from the vote due to some involvement with the Association. RECOVERY ZONE FACILITY BONDS Tim Troxell, EDC Director; and Greg Cole, Maryland Department of Business and Economic Development (DBED) appeared before the Commissioners to recommend the approval of a resolution to designate Washington County’s Priority Funding Areas as Washington County’s Recovery Zone. He explained that the American Recovery and Reinvestment Tax Act of 2009 (ARRA) created a new tax-exempt financing option known as the Recovery Zone Facility Bonds (RZFB) to help finance private development projects in areas with significant poverty, unemployment, rate of home foreclosures or general distress. Mr. Cole stated that Washington County has been allocated $13,958,000.00 for the program. He noted that communities around the State are taking a broad approach and making the program applicable to priority funding areas, where funds can already be used. He informed the Commissioners that DBED is willing to administer the program. The Commissioners discussed the program and the areas covered. Mr. Cole stated that the funds are “pass-through” funds, and the companies using them will pay the financing costs. Motion made by Commissioner Kercheval, seconded by Baker, to approve the proposed resolution designating Washington County’s Priority Funding Areas as Washington County’s Recovery Zone for the disbursement of the County’s Recovery Zone Facility Bonds. County Attorney John Martirano requested clarification that the motion specifically includes Map 57 of the County Comprehensive Plan as the priority funding area to be designated. It was affirmed by Commissioner Kercheval. Unanimously approved. (Resolution RS-09-12 is located in the County Commissioners’ Office) CITIZENS PARTICIPATION L. Jason Baer of Maugansville, Maryland, appeared to thank the Commissioners for several projects; the roundabout completed in the Cearfoss area several years ago, which is a good safety device, and the Maugans Avenue Improvement Project, which has improved the traffic issues in the Maugansville area. December 15, 2009 Page three TRANSIT DEVELOPMENT PLAN Kevin Cerrone, Transit Director; and Michael Felschow, of LSC Transportation Consultants, provided a draft report to the Commissioners regarding a preferred service and implementation plan for the Washington County Transit (WCT) for the general public, minority, elderly, disabled, low- income, and school children populations in Washington County. Mr. Cerrone stated that every five years, federal regulations require an update to the transportation development plan. He noted that the MPO’s long-range plan is also currently being updated. He introduced Michael Felschow, who presented a PowerPoint demonstration to detail the plan. He stated that it would be developed in three phases with an estimated annual operating cost of about $2.2 million. Ridership was expected to increase from about 350,000 to 580,000 over the five year plan period. The Commissioners thanked Mr. Felschow for the information presented and stated that a final report will be discussed in January 2010. EMS MASTER PLAN UPDATE AND DISCUSSION County Administrator Greg Murray presented an update and discussion on the Emergency Medical Services (EMS) Master Plan (Plan), which was developed to ensure that adequate ambulance coverage is present in the County at all times. He introduced Glenn Fishack, President of the Washington County Volunteer Fire and Rescue Association (WCVFRA), several WCVFRA members who were in attendance; Jon Snyder, Chair of the EMS Committee; Kevin Lewis, Director of the Department of Emergency Services; and several EMS members. Mr. Murray read a report that was provided in the Commissioners’ agenda packet outlining the latest proposed plan. Mr. Murray stated that the vote taken last week among rescue companies regarding the revamped plan was 22 in favor, 2 opposed, and 2 abstaining. He reviewed each section of the Plan and several members in the audience made comments, including, William Ball, Fire Chief, Halfway; Jason Baer of the Maugansville area; Dave Hays, Assistant Chief, Community Rescue Service (CRS); and Wayne Williams, Smithsburg EMS and past Emergency Services Advisory Council member. Mr. Murray stated that the Plan revision provides the eight EMS companies with approximately $1.7 million additional funds each year for Basic Life Support (BLS) and Advanced Life Support (ALS) personnel, ensures competitive salaries, and provides an ALS “chase car” in the southern region of the County for better ambulance response. It also includes adequate funding to ambulance companies for a 24 hour/7 day per week service, and requires reporting and tracking of billing information, fundraising data and subsidies by electronic methods. RECESS The Commissioners recessed at 12:21 p.m. to attend a luncheon and program presentation at the Department of Social Services, 122 North Potomac Street, Hagerstown. AFTERNOON SESSION President John F. Barr called the afternoon session to order at 2:01 p.m., with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval and William J. Wivell. EMS MASTER PLAN UPDATE AND DISCUSSION (cont.) The Commissioners continued review of the proposed EMS Plan, where discussion included the shift to a standard pay scale and the costs involved; the conditions allowing the County to track billing, review financial audits and fundraising activities; and to track staffing by electronic means. Commissioner Kercheval expressed the opinion that the Plan was too expensive. Commissioner Aleshire requested a more detailed outline of the Plan before voting. Commissioner Wivell stated that he was ready to move forward with the Plan as presented. Motion made by Commissioner Wivell, seconded by Baker, to move forward with the Plan as presented today with the understanding that the details will be worked out by the County Administrator as far as the actual operation agreements to be signed with each EMS company. Commissioner Wivell expressed his concerns with billing. Commissioner Baker requested a meeting in the Commissioners’ chambers to discuss with EMS members December 15, 2009 Page four present to come back with a plan that covers all citizens in Washington County 24/7. Commissioner Kercheval stated that he would not be supporting the Plan due to the burden on taxpayers in this economic climate. Commissioner Barr stated that it is not a perfect plan but he would like to move forward. Commissioner Aleshire expressed the opinion that he would prefer a consensus rather than a motion so that a detailed document could be approved. The motion passed with Commissioners Wivell, Baker and Barr voting “AYE”, Commissioner Kercheval “NO”, and Commissioner Aleshire “ABSTAINING”. CONTRACT AWARD (PUR-1118) AVIATION ENGINEERING SERVICES FOR HAGERSTOWN REGIONAL AIRPORT Karen Luther, Purchasing Agent; and Carolyn Motz, Airport Director, appeared before the Commissioners to recommend award of the contract for Aviation Engineering Services for the Hagerstown Regional Airport (PUR-1118) to Airport Design Consultants, Inc. (ADCI) of Columbia, Maryland, contingent upon Federal Aviation Administration (FAA) approval. Ms. Luther noted that airport contract proposals need not be based on price proposals but only on consultants’ qualifications and experience. She advised that five proposals were received. The contract is for a two-year period with an option to renew for up to three consecutive one-year periods and funding for services is within the Airport’s budget. Motion made by Commissioner Aleshire, seconded by Kercheval, to select Airport Design Consultants, Inc. of Columbia, Maryland, in association with The LPA Group (Belair, Maryland), URS (Hunt Valley, Maryland), Hillis- Carnes Engineering Associates, Inc. (Williamsport, Maryland), and Fox & Associates, Inc. (Hagerstown, Maryland), with the contract agreement being contingent upon Federal Aviation Administration (FAA) approval. Unanimously approved. BID AWARD (PUR-1112) HAGERSTOWN REGIONAL AIRPORT/RICHARD A. HENSON FIELD – BUILDING DEMOLITION AND MISCELLANEOUS AIRFIELD WORK Karen Luther, Purchasing Agent; and Phil Ridenour, Airport Fire Chief; requested approval of a bid award for Building Demolition and Miscellaneous Airfield Work at the Hagerstown Regional Airport – Richard A. Henson Field (PUR- 1112), to Yarnell P. Wastler & Sons., Inc. of Frederick, Maryland for the sum total base bid in of $104,040.00, contingent on FAA approval. Ms. Luther noted that 16 bids were received and the project is funded through the FAA Runway 9/27 Improvement Program. Mr. Ridenour stated that a motel and two residential structures near the airfield would be demolished as soon as the contract is awarded, and that it did not involve the historic Brumbaugh-Kendle-Grove Farmstead. Motion made by Commissioner Kercheval, seconded by Baker, to award the bid for Building Demolition and Miscellaneous Airfield Work at the Hagerstown Regional Airport – Richard A. Henson Field, to Yarnell P. Wastler & Sons., Inc. of Frederick, Maryland for the sum total base bid in of $104,040.00, contingent on FAA bid approval. Unanimously approved. WASHINGTON COUNTY BROADBAND FOR SCHOOLS AND HOUSEHOLDS RURAL/STIMULUS GRANT APPLICATION PROJECT James Herbert, President and CEO of Global Broadband Services, LLC (Global), appeared before the Commissioners to request a letter of support to assist in the development of rural broadband service to schools and homes in Washington County. Greg Murray introduced Arnold Hamman, Washington County Public Schools’ Information Technologies (IT) Director, who was in the audience. Mr. Herbert introduced Alfred Schulte, Chairman of Global, Clark Meissel, Chief Technical Officer; and his son, Jim Herbert. James Herbert presented information on the project, which is being considered by the United States Department of Agriculture (USDA) Rural Development Telecommunications Program for Broadband Initiatives Program (BIP) grant. The Governor’s Office previously evaluated the program and forwarded it to the USDA for consideration. Mr. Herbert explained that the project’s focus is to provide broadband capability to 15 underserved schools and their surrounding communities in Washington County, and the grant application provides for full grant funding by the USDA. He said that the Broadband December 15, 2009 Page five Technology Opportunities Program (BTOP) grant specifies a 20 percent third party match, including financial support from local governmental entities, for the requested $9.5 million funding. He noted that the programs are part of the American Reinvestment and Recovery Act (ARRA) and there would be no cost to the County general fund. If approved, Mr. Herbert stated that the system would provide computer broadband service to schools and rural broadband service to households. He answered questions from the Commissioners. Motion made by Commissioner Kercheval, seconded by Aleshire to write a letter of support relating to Global Broadband Services, LLC’s application for a grant for ARRA funds based on the commitment requested from the Commissioners in the agenda packet. County Attorney John Martirano raised a question as to the wording needed for the letter of support. Ron Whitt, Washington County’s IT Director, provided a recent letter signed by Dr. Elizabeth Morgan, Washington County Public Schools, supporting the project. Mr. Murray read Dr. Morgan’s letter of support and Commissioner Kercheval amended the motion to include similar language in the Commissioners’ letter of support. (attached to these minutes) The amended motion was seconded by Commissioner Wivell. Commissioner Aleshire commented that the fifteen schools cited were primarily located in rural areas and he felt the Commissioners’ letter should state municipalities in general. Commissioner Baker questioned whether Washington County taypayers’ funds would be spent and it was noted that the Commissioners’ letter of support is for application for the grant and if the grant is received the issue will be brought back to the Commissioners for further discussion and a vote at a later date. Unanimously approved. LOAN REQUEST FOR MUSEUM COURTYARD ENCLOSURE Tom Newcomer, Chair of the Washington County Museum of Fine Arts (Museum) Board; Rebecca Massie Lane, Museum Director; and Denis Rocco, Chair of the Courtyard Project and a member of the Board, came before the Commissioners regarding a project to enclose the Museum’s central courtyard and provide an additional 3,000 square feet of programmatic space. Mr. Newcomer distributed a proposal detailing the $2.5 million project and the funds needed to bring the project to fruition. He advised that approximately $1.26 million has been raised privately and $400,000.00 in bond money is being requested through Delegate Donoghue. Mr. Rocco displayed plan drawings and described the project. Mr. Newcomer and Ms. Massie stated that the Board is requesting a 5-7 year, no interest loan from the Commissioners of $500,000.00 while it continues to raise funds, and perhaps a capital contribution. The Commissioners discussed the poor economy and Commissioner Wivell suggested that the Hotel Rental Tax Fund could be used for the project. Finance Director Debra Murray provided figures on the Fund’s balance and the Commissioners discussed the options. Motion made by Commissioner Kercheval, seconded by Baker, to approve a $300,000.00 loan to be paid back over five years, and to take $150,000.00 this year (FY 2010), and $150,000 next year (FY 2011), from the Hotel Rental Tax Fund, to be used for the project, with the understanding that if the bids for the project work out to be less than anticipated, the Museum should return to the Commissioners for further discussion; and if the bids come back higher than anticipated, the Museum should return to the Commissioners for further discussion as to what additional assistance what can be offered. Finance Director Debra Murray clarified that the loan’s repayment terms should be a no-interest loan, paid back at the rate of $60,000.00 beginning in FY 2011, and at the same rate for the next four years. Commissioner Kercheval amended his motion to include those figures and Commissioner Baker seconded. Commissioner Aleshire stated that he was not in favor of the proposal and Commissioner Wivell stated that he was in favor of a grant. Commissioner Kercheval offered that a grant discussion could be held at the end of January 2010 after the project’s bid amounts are received. The motion passed with Commissioners Kercheval, Baker, and Barr voting “AYE,”, and Commissioners Wivell and Aleshire voting “NO.” December 15, 2009 Page six STATE OF MARYLAND HOMELAND SECURITY GRANT PROGRAM AND CITIZENS CORP GRANT PROGRAM Kevin Lewis, Director of Emergency Services, requested authority to execute a Memorandum of Agreement with the Maryland Emergency Management Agency (MEMA) to accept a Homeland Security grant and Citizens Corp grant of $352,493.41 for multiple projects and initiatives in emergency services and public safety to include communications equipment, mobile data and satellite equipment. Motion made by Commissioner Wivell, seconded by Kercheval, to approve the request as stated. Unanimously approved. OTHER BUSINESS None. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to convene in closed session at 5:01 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 personnel matters that affect one or 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 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 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 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 were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney; and at various times, Kirk Downey, Assistant County Attorney; Tim Troxell, EDC Director; Joe Kroboth, III, Public Works Director; and William Sonnik, Human Resources Director. ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Wivell, to adjourn at 5:47 p.m. Unanimously approved. ____________________________ County Administrator ____________________________ County Attorney ________________________ County Clerk