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HomeMy WebLinkAbout08.30.2016 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland August 30, 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 regular meeting of the Board of County Commissioners of Washington County, Maryland, to order at 10:07 a.m. at 100 West Washington Street, Room 227, with the following members present: Vice President Jeffrey A. Cline and Commissioners John F. Barr, Wayne K. Keefer and LeRoy E. Myers, Jr. APPROVAL OF MINUTES — AUGUST 2, 2016 Commissioner Myers, seconded by Barr, moved to approve the minutes of August 2, 2016. The motion passed unanimously. COMMISSIONERS' REPORTS AND COMMENTS Commissioners Cline, Keefer, and Myers had no comments. Commissioner Barr reported attending the Rural Heritage Village Heritage Spudfest this past weekend at the Agricultural Education Center. Commissioner Baker requested an update on the Memorandum of Understanding with the University System of Maryland. CHANGE ORDER #9 — ENHANCED NUTRIENT REMOVAL AT THE WINEBRENNER WASTEWATER TREATMENT PLANT Mark Bradshaw, Deputy Director, Environmental Management, presented a request to approve Change Order #9 to Buchart-Horn, Inc. for $74,668 regarding the Enhanced Nutrient Removal Project at the County's Winebrenner Wastewater Treatment Plant. Mr. Bradshaw stated that the contract for providing inspection services and project management services needs to be extended because construction contract time was extended from one year to eighteen months due to the complexity and delivery times associated with the BioMag. Buchart-Horn is also crediting the County for a change order issued to the contractor for a design error associated with exhaust fans. He indicated that the project has funds available to cover the cost of the change order. The Commissioners discussed the request including the funds expended thus far for the project. Mr. Bradshaw advised that the project is under budget and partially grant -funded. Commissioner Barr, seconded by Myers, moved to approve Change #9 to Buchart-Horn, Inc. for $74,668 regarding the Enhanced Nutrient Removal Project at the County's Winebrenner Wastewater Treatment Plant. The motion passed unanimously. August 30, 2016 Page 2 CHANGE ORDER #10 — ENHANCED NUTRIENT REMOVAL AT THE CONOCOCHEAGUE WASTEWATER TREATMENT PLANT Mark Bradshaw presented a request to approve Change Order #9 to Buchart-Horn, Inc. for $124,176 regarding enhanced nutrient removal at the Conococheague Wastewater Treatment Plant. The request involves the contract for project management and inspection services for the Plant. Due to the complexity and delivery times associated with the BioMag, the construction duration was extended from one year to eighteen months. Mr. Bradshaw stated that the project has funds available to pay for the change order. The Commissioners discussed the project with Mr. Bradshaw who advised that the project's completion date should be March 2018. Commissioner Barr, seconded by Keefer, moved to approve Change #10 to Buchart-Horn, Inc. for $124,176 regarding enhanced nutrient removal at the Conococheague Wastewater Treatment Plant. The motion passed unanimously. APPOINTMENT OF MEMBERS TO THE 2016 WASHINGTON COUNTY SALARY STUDY COMMISSION Kendall McPeak, Assistant County Attorney, appeared before the Commissioners to discuss the appointment of representatives needed for the 2016 Salary Study Commission. Ms. McPeak advised that the Farm Bureau has not submitted a representative; therefore, according to statute, the Commission may appoint a representative from the public once constituted. Commissioner Barr recommended that former County Commissioner William McKinley serve on the Commission as the County Commissioners' representative. The Commissioners discussed the representatives as proposed: Associated Builders & Contractors, Inc. — Will Seilhamer Board of County Commissioners — William McKinley Central Maryland AFL-CIO Council — Chip Cook Chamber of Commerce — Donna Long Democratic Central Committee — Peter Perini Farm Bureau — to be determined by the Committee Joint Veterans Council — Wayne Taylor League of Women Voters — Richard Willson Republican Central Committee — Stephen Showe Commissioner Barr, seconded by Cline, moved to appoint William McKinley as the Commissioners' representative to the 2016 Salary Study Commission. The motion passed unanimously. Commissioner Myers, seconded by Barr, moved to accept the remaining representatives as set forth to constitute the 2016 Salary Study Commission. The motion passed unanimously. R August 30, 2016 Page 3 CONVENE IN CLOSED SESSION Commissioner Myers, seconded by Barr, moved to convene in closed session at 10:30 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 matter that affects one or 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 several personnel/position recommendations with County staff, discussed the potential appointment of a specific individual to a local board over which the Commissioners have appointment authority; and discussed the potential appointment of a specific individual to a local commission over which the Commissioners have appointment authority. During closed session, the Commissioners provided direction to County staff regarding several personnel matters/recommendations; instructed staff to bring forth the potential appointment to a local board over which the Commissioners have appointment authority for further consideration and discussion and a possible vote during a future open session meeting; instructed staff to bring forth the potential appointment to a commission over which the Commissioners have appointment authority for further consideration and discussion and a possible vote during a future open session meeting. Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline, John F. Barr, Wayne K. Keefer and LeRoy Myers, Jr. Also present were Gregory Murray, County Administrator; Sarah Sprecher, Assistant County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney; and at various times Stephanie Stone, Director, Health and Human Services; and Jim Sterling, Public Works Director. RECONVENE IN OPEN SESSION Commissioner Myers, seconded by Keefer, moved to reconvene in open session at 10:48 p.m. The motion passed unanimously. REPORTS FROM COUNTY STAFF Public Works Doug Levine, Traffic Supervisor, Highway Department, notified the Commissioners that the Federal Emergency Management Administration (FEMA) has approved reimbursement of costs incurred by the County during Winter Storm Jonas in January 2016. FEMA will reimburse 75% of the cost of the storm over the most expensive 48-hour period ($341,260.15 for Saturday through Sunday), or $255,000. Mr. Levine described the work done over the past three months to compile documentation to obtain the reimbursement for the event that cost the County over $1 million. He credited County employees that assisted with compiling the information. The Commissioners commended Mr. Levine and County staff for the work done to obtain the reimbursement. August 30, 2016 Page 4 INTERGOVERNMENTAL COOPERATIVE PURCHASE — PURCHASING CARD PROGRAM SERVICES Karen Luther, Purchasing Director, and Darryl Brown, Accounting Supervisor, Budget and Finance, discussed the proposal to authorize by resolution the Intergovernmental Cooperative Purchase/Use of Commercial Card Services with JP Morgan Chase Bank, N.A. via a County of Fairfax, Virginia contract that provides for a percentage rebate to the County based on the annual combined charge volume and average file turn tier contained in the contract. Ms. Luther described the Purchasing Card Program and policy adopted by the County Commissioners in 2002. Cards are issued to certain County employees for the use of acquiring goods, services, and business travel or entertainment expenses and the County receives a rebate on the amounts charged. A higher rebate is returned by having more participants in the program and by making payment within ten days. Ms. Luther discussed the benefits of participating in the program and Mr. Brown discussed the procedures and limits of using the cards. Commissioner Barr, seconded by Keefer, moved to authorize by resolution the Intergovernmental Cooperative Purchase/Use of Commercial Card Services with JP Morgan Chase Bank, N.A. via a County of Fairfax, Virginia contract as presented. The motion passed unanimously. (Resolution No. RS -2016-13 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) PUBLIC HEARING — PARTIAL RELEASE OF AGRICULTURAL PRESERVATION DISTRICT President Terry L. Baker convened a Public Hearing at 11:06 a.m. to obtain public comment on the request for partial release of an Agricultural Preservation District. Eric Seifarth, Rural Preservation Administrator, and Chris Boggs, Land Preservation Planner, Planning and Zoning, discussed the request to approve a partial release of the Agricultural Preservation District due to "economic hardships" on the current landowner. Mr. Seifarth indicated that Clarivet Torres recently purchased the former Bowers Agricultural Preservation District property (AD -90-064) with the intent to develop several lots on the property. Prior to purchasing the property, Ms. Torres and her husband, Jairo Arciniegas, inquired and received inaccurate information that a release of the district restrictions would be a simple administrative task. After the April 2016 purchase of the property, it was determined that a release of the district restrictions to allow a subdivision required a more complicated procedure including a hardship statement and public hearing. The agricultural preservation district currently contains 110.315 acres. If the partial release is approved, the owners propose to remove up to 18 acres from the eastern portion of the district, leaving approximately 92.315 acres in the agricultural preservation district. The remaining lands will still meet every metric used for qualification to be a preservation district. The Agricultural Preservation Advisory Board voted unanimously in favor of approval of the release. The Planning Commission voted to approve the release with reservations. August 30, 2016 Page 5 The hearing was opened for public comment. Jairo Arciniegas offered comment. The Commissioners discussed the economic hardship encountered by Ms. Torres and Mr. Arciniegas and the procedure to grant approval of their request. The public hearing was closed at 11:18 a.m. Commissioner Cline, seconded by Myers, moved to approve a partial release of the Agricultural Preservation District on the above -reverenced property due to economic hardships on the current landowners, Clarivet Torres and Jairo Arciniegas as requested. The motion passed unanimously. APPLICATION FOR MAP AMENDMENT - WASHCO-ARNETT FARMS, LLC RZ-16-001 Kirk C. Downey, Deputy County Attorney, initiated a discussion of the request by WASHCO Arnett Farms. LLC (RZ-16-01) to rezone a 5.18 acre property on the south side of Arnett Drive, west of the Sharpsburg Pike, from Residential Urban (RU) to Residential Multi Family (RM). The Applicant argued that a mistake was made in the property's receipt of an RU zoning classification during the 2012 comprehensive rezoning. The County Commissioners held a public hearing regarding the request on July 12, 2016. The Commissioners discussed the request and the objections expressed during the public hearing by citizens living in that area. Commissioner Myers commented that much development is happening in that area. Greg Murray discussed the congestion in the area and the future road improvements that will be necessary due to growth. Mr. Myers stated that he voted in favor of the request as a member of the Planning Commission with the intention of having it come before the Commissioners for discussion. It was the Commissioners' consensus to deny the application for map amendment. Staff will prepare the necessary documentation for formal action of the request. RESOLUTION - WASHINGTON COUNTY JOB CREATION AND CAPITAL INVESTMENT REAL PROPERTY TAX CREDITS ORDINANCE Kassie Lewis, Director, Business Development, presented the proposal to adopt a Resolution concerning the Washington County, Maryland Job Creation and Capital Investment Real Property Tax Credits Ordinance. The County implemented certain real property tax credits via the Job Creation and Capital Investment Real Property Tax Credits Ordinance. The Ordinance allows the tax credits to be restricted to certain areas or types of economic development initiatives that are most desirable for the expansion of the local economy. Ms. Lewis indicated that the job creation portions of the Ordinance are targeted at small businesses. To focus growth in desired economic development classes, the Department of Business Development recommends that real property tax credits for certain new or expanded premises (coupled with the creation of certain full-time positions) be allowed for certain economic development projects. r August 30, 2016 Page 6 The Commissioners discussed the proposal. Greg Murray cautioned that the tax credits should be concentrated on areas or types of positions the County wants to foster. Kirk C. Downey, Deputy County Attorney, discussed the tax credits created by the Ordinance based on the number of new full-time positions created, the area of new or expanded premises, or the amount of capital investment. The County Commissioners decided to consider the matter and discuss it at a future meeting. CITIZENS' PARTICIPATION No citizens attending the meeting wished to participate. CONVENE IN CLOSED SESSION Commissioner Barr, seconded by Myers, moved to convene in closed session at 11:50 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 matter that affects 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 appointment of a specific individual to a local commission over which the Commissioners have appointment authority. During closed session, the Commissioners instructed staff to bring forth the potential appointment to a local commission over which the Commissioners have appointment authority for further consideration and discussion and a possible vote during a future open session meeting. Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline, John F. Barr, Wayne K. Keefer and LeRoy Myers, Jr. Also present were Gregory Murray, County Administrator; Sarah Sprecher, Assistant County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney; Kirk C. Downey, Deputy County Attorney; Kassie Lewis, Director, Business Development, and Michael Reyka, Board Member, Economic Development Commission. RECONVENE IN OPEN SESSION Commissioner Myers, seconded by Barr, moved to reconvene in open session at 12:07 p.m. The motion passed unanimously. August 30, 2016 Page 7 REPORTS FROM COUNTY STAFF Countv Clerk — Aanointments to Boards/Commissions Public Golf Corporation (Black Rock Golf Board) Commissioner Barr, seconded by Myers, moved to appoint Roy Lorshbaugh to serve an unfulfilled term through December 1, 2017 on the Public Golf Corporation. The motion passed unanimously. Gamins Commission Commissioner Myers, seconded by Barr, moved to appoint Edwin Covert to serve a first, two-year term from October 1, 2016 through September 30, 2018 on the Gaming Commission. The motion passed unanimously. Economic Development Commission Commissioner Barr, seconded by Keefer, moved to appoint Theresa Shank to serve a first, three-year term through June 30, 2019 as an at -large member of the Economic Development Commission, and Steve Blickenstaff to serve a first, three-year term through June 30, 2019 as the Maryland Municipal League representative. The motion passed unanimously. ADJOURNMENT Commissioner Myers, seconded by Barr, moved to adjourn at 12:08 p.m. The motion passed unanimously. Greg" ory B. urray,C unty Administrator _� 7 r� John M. Mardrano, County Attorney li.rkA 0— . ___-Z - . Vicki C. Lumm, County Clerk