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HomeMy WebLinkAbout12.13.2016 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland December 13, 2016 INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Baker 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 10:23 a.m. at 100 West Washington Street, Room 227, with the following members present: Commissioners Wayne K. Keefer and LeRoy E. Myers, Jr. Commissioners Barr and Cline were absent. APPROVAL OF MINUTES — NOVEMBER 29, 2016 AND DECEMBER 6, 2016 Commissioner Keefer, seconded by Myers, moved to approve the minutes of November 29, 2016 and December 6, 2016. The motion passed unanimously. (3-0, Commissioners Barr and Cline were absent.) Commissioner Baker noted that Commissioners Barr and Cline would not be present at the meeting. He welcomed Julie Greene, the new County reporter from The Herald -Mail. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Keefer also welcomed The Herald -Mail reporter Julie Greene. Commissioner Myers commented that it was the last Commissioners' meeting of the year and he wished all a happy holiday and new year. Commissioner Baker wished all a merry Christmas and happy new year. REPORTS FROM COUNTY STAFF Purchasins — Bid Award Correction Rick Curry, Buyer, Purchasing, requested a corrected vote concerning the bid award approved by the County Commissioners on November 29, 2016 for swimming pool and Water/Wastewater Treatment Chemicals. He stated that due to a typographical error, Item #21 for De1PAC 2000 awarded to USALCO Baltimore Plant at the unit price of $0.1130/lb. should be awarded to Kemira Water Solutions at the unit price of $0.1095/lb. Commissioner Myers, seconded by Keefer, moved to rescind the previous award to USALCO Baltimore Plant at the unit price of $0.1130/lb. and approve the award of Item #21 for De1PAC 2000 to Kemira Water Solutions at the unit price of $0.1095/lb. as presented. The motion passed unanimously. (3-0, Commissioners Barr and Cline were absent.) December 13, 2016 Page 2 Ensineerina and Construction Management Rob Slocum, Director, Engineering and Construction Management, informed the Commissioners that an application for $1 million is being prepared for the Appalachian Regional Commission relating to the Halfway Boulevard road extension to the Greencastle Pike. The award is anticipated in the summer of 2017. The proposal will be brought before the Commissioners in January 2017. Mr. Slocum also stated that the proposal to transfer the Agricultural Center property to the County is working its way through State government and is now before the State Board of Public Works. Final Closeout Chanize Orders for Two Proiects Mr. Slocum requested approval of final closeout change orders for the following projects: 1) Devil's Backbone Park Stream Stabilization Project - $61,331.82 in savings to be returned to the department's budget. 2) Underpass Way and Railway Lane Intersection Improvement Project - $63,215.93 in savings to be returned to the department's budget. Commissioner Myers, seconded by Keefer, moved to approve the Devil's Backbone Park Stream Stabilization Project final closeout change order of $61,331.82 and the Underpass Way and Railway Lane Intersection Improvement Project final closeout change order of $63,215.93 as presented. The motion passed unanimously. (3-0, Commissioners Barr and Cline were absent.) Countv Administrator County Administrator Greg Murray referred to the year's accomplishments and projects supported by County Commissioners through the budget. He thanked County staff for their efforts to assist citizens and save money. YALE DRIVE EXTENDED CHANGE ORDER Scott Hobbs, Deputy Director, Engineering and Construction Management, presented the recommendation to approve a $250,000 budget transfer from the Yale Drive Extended Project to the Professional Boulevard Project as part of the project closeout, and to approve a $429,330.45 change order due to unsuitable material and additional excavation work on the project. Mr. Hobbs stated that the Yale Drive Extended Project was completed on time and under budget and those cost savings will be transferred to the next phase of work, the Professional Boulevard Phase I/II Project. The contract value for C. William Hetzer would be increased by the change order to account for the additional unsuitable material and excavation. Mr. Hobbs indicated that additional excavation was required to construct the regional stormwater pond and additional unsuitable materials were encountered during construction. To address the additional excavation, excess material was placed to extend Professional Boulevard, which will reduce the cost and amount of fill required on the next phase of the project. The project is under budget according to Mr. Hobbs. Commissioner Myers, seconded by Keefer, moved to approve a budget transfer of $250,000 from the Yale Drive Extended Project to the Professional Boulevard Project as part of the project closeout, and to approve a $429,330.45 change order to account for December 13, 2016 Page 3 unsuitable material and additional excavation work on the project as presented. The motion passed unanimously. (3-0, Commissioners Barr and Cline were absent.) PAYMENT IN LIEU OF TAXES FOR PINESBURG SOLAR, LLC Attorney Jason Divelbiss, representing Pinesburg Solar, LLC, a Maryland limited liability company, presented a request to execute a Payment in Lieu of Taxes (PILOT) agreement for a solar power project on approximately 60 acres at 14868 Schetrompf Lane, Williamsport. The anticipated total size of the project is approximately seven megawatts (MW) of installed capacity. Mr. Divelbiss indicated that the project would contribute to Maryland's Renewable Portfolio Standard law, which mandates that 20% of Maryland's electricity must be generated from renewable energy sources by 2022 and that 2% of that electricity must come from solar power. The proposal is to approve annual payments of $6,000 per MW of installed capacity beginning the first year the project breaks ground and continuing through the entire 30 -year term of the project's ground lease. The Commissioners discussed the proposal that is similar to another recent solar project. The project provides the County a constant revenue stream and is a good use of the property. The Public Service Commission and Board of Zoning Appeals previously approved the project. Commissioner Keefer, seconded by Myers, moved to approve a PILOT agreement of $6,000 per Megawatt AC of the solar facility being developed by Pinesburg Solar, LLC at 14868 Schetrompf Lane, Williamsport, as presented. The motion passed unanimously. (3-0, Commissioners Barr and Cline were absent.) CHURCHEY GROUP. LLC APFO AGREEMENT Attorney Jason Divelbiss, representing developer Churchey Group, LLC, requested an extension of time for payment of its Adequate Public Facilities Ordinance (APFO) School Mitigation payment to January 31, 2017 or to avail itself of the Alternate Mitigation Contribution (AMC) process in the amended APFO. Mr. Divelbiss indicated that Churchey Group had previously entered into an Adequate Public Facilities Ordinance (APFO) school mitigation agreement for a development that called for payments to be made by a certain date. Churchey Group has requested an extension of the May 31, 2016 payment due date, now outstanding, to January 31, 2017, and furthermore, to avail itself of the AMC formula adopted by the County Commissioners in 2013. The Commissioners discussed the request that would amend Churchey Group's 2009 APFO agreement and allow it to use the AMC formula. Mr. Divelbiss provided a history of Churchey Group's APFO payment that is $5,800 per unit based on negotiations at that time. The AMC would allow a $3,000 per unit payment. Churchey Group plans to pay the amount due in one lump sum by the end of 2016 according to Mr. Divelbiss. If after review Churchey Group does not qualify for the AMC formula, the present agreement would remain in effect and the Commissioners could extend the deadline for payment to January 31, 2017. December 13, 2016 Page 4 Commissioner Myers, seconded by Keefer, moved to approve the Second Amendment to the APFO School Mitigation Agreement by Churchey Group, LLC for Regent Park as requested. The motion passed unanimously (3-0, Commissioners Barr and Cline were absent.) PRICE RURAL LEGACY PROGRAM EASEMENT Chris Boggs, Land Preservation Planner, Planning and Zoning, recommended approval of the Leon S. and Beverly A. Price Rural Legacy Program (RLP) Easement Project of $96,330 for 33.1 easement acres located at 6209 Mondell Road, Sharpsburg, in the Rural Legacy area. Mr. Boggs described the parcel located adjacent to the C&O Canal comprised of a majority of woodland and 6 acres of pasture with a stream running to the Potomac River. Six development rights would be extinguished with this easement. The County has been awarded approximately $990,000 in RLP grants during Fiscal Year 2016 to purchase easements in the Rural Legacy area near the Antietam Battlefield. RLP funds are 100% State funds. In addition, the County receives up to 3% of the easement value for administrative costs, a mandatory 1.5% for compliance/monitoring costs, and funds to cover all of its legal/settlement costs. Commissioner Keefer, seconded by Myers, moved to approve the Leon S. and Beverly A. Price Rural Legacy Program (RLP) Easement Project of $96,330 as presented, to adopt an ordinance approving the purchase of the easement, and to authorize the execution of all necessary documents required to affect the purchase. The motion passed unanimously. (3- 0, Commissioners Barr and Cline were absent.) (Ordinance No. ORD -2016-27 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) INSURANCE RENEWAL — WASHINGTON COUNTY FIRE AND RESCUE COMPANIES COMMERCIAL PROPERTY, AUTO AND CASUALTY AND WORKERS COMPENSATION COVERAGE Tracy McCammon, Risk Management Administrator, Health and Human Services, and Patrick Hancock of AON Risk Solutions, discussed quoted premiums for Washington County Fire and Rescue Companies Commercial Property, Auto and Casualty, and Workers Compensation insurance coverage. The current contracts with VFIS Insurance Company for commercial property, auto and casualty coverage and Chesapeake Employers Insurance Company for workers compensation insurance, entered into on January 1, 2015, have been satisfactory to the Washington County Volunteer Fire and Rescue Association (WCVFRA). An analysis of property and auto premiums over the last year showed a decrease of 1.24% or $6,843. Low losses have helped to keep rates down; therefore, VFIS has offered a decrease in premiums of $6,843 or 1.24% for 2017. The workers compensation insurance premium for 2016 was $678,785. Due to a reduction in volunteers, Chesapeake Employers Insurance has agreed to reduce the premium by $13,510 or 1.99% for 2017. December 13, 2016 Page 5 Dale Hill, Vice President/Immediate Past President, WCVFRA, commented in favor of the proposal. Commissioner Keefer remarked on the positive aspect of low losses but the negative aspect of the lower number of fire and rescue volunteers. Commissioner Myers, seconded by Keefer, moved to renew the commercial property, auto and casualty package with VFIS Insurance Company at the quoted premium of $545,497 and workers compensation insurance with Chesapeake Employers Insurance Company at the quoted premium of $665,275. The motion passed unanimously. (3-0, Commissioners Barr and Cline were absent.) 2016 SALARY STUDY COMMISSION REPORT AND RECOMMENDATIONS Elizabeth Paul, Chair of the 2016 Salary Study Commission (SSC), which is required by statute to be convened every four years to study and make recommendations regarding salaries for the Board of County Commissioners, Board of Education, Board of License Commissioners, Orphans' Court Judges, Sheriff and County Treasurer, presented its findings. She discussed the SSC process, committee member makeup and recommendations, which include increased salaries for the following positions: County Commissioner - member salary from $30,000 to $38,000, president's salary from $33,000 to $41,000; Board of Education - member salary from $7,000 to $12,000, president's salary from $7,200.00 to $12,500; and Sheriff - $100,000 to $110,000. No increases are recommended for the Judges of the Orphans' Court, Board of License Commissioners or Treasurer. Ms. Paul discussed the reasoning behind the recommended increases that encompass job responsibilities, time commitments and the comparison of salaries of neighboring jurisdictions. The Commissioners discussed the proposals and requested more information regarding salaries of officials serving in counties of similar size to Washington County. The matter will be brought forward during a future County Commissioner meeting. YOUTH MERITORIOUS AWARDS — DECEMBER 2016 The Commissioners presented certificates of merit to students selected by the Washington County Office of Community Grant Management (OCGM) for their scholastic achievement, leadership qualities, community service performed or other positive contributions to their school or community. The following students received December 2016 Youth Meritorious Awards: Michael Hershey of North Hagerstown High School, John "Logan" Saunders of Boonsboro High School, Ashley Goetz of Boonsboro High School and Faith Geraci of Boonsboro High School. Each student received a Washington County lapel pin from the Commissioners and a $100 Staples gift card from the OCGM. The Commissioners commended the students for their achievements and the families for their support. CITIZENS' PARTICIPATION Brent Walls, Upper Potomac Riverkeeper and Williamsport resident, commented on the proposal by TransCanada to install a natural gas pipeline from Bedford, Pennsylvania, and under the Potomac River ending in Morgan County, West Virginia. He commented that the December 13, 2016 Page 6 public needed to be fully informed of the project. Mr. Walls requested that the County Commissioners send a letter to the National Park Service requesting it to incorporate a public process regarding its authorization to allow TransCanada to drill under park property. Kim Alexander of Friendsville, Maryland, commented on hydraulic fracturing in Maryland and its effect on climate change. She also promoted permaculture. RESOLUTION CONCERNING THE WASHINGTON COUNTY. MARYLAND JOB CREATION AND CAPITAL INVESTMENT REAL PROPERTY TAX CREDITS ORDINANCE Kassie Lewis, Director, and Bob Mandley, Business Development Specialist, Business Development, presented the recommendation to adopt a Resolution Concerning the Washington County, Maryland Job Creation and Capital Investment Real Property Tax Credits Ordinance (Resolution). Ms. Lewis stated that the Resolution focuses on growth in desired economic development areas such as existing small businesses looking to expand or relocate in the County. The County received enabling legislation from the State to adopt certain tax credits in May 2016. The recommendation provides real property tax credits to businesses expanding premises and creating certain new full-time positons for economic development projects that are: a) a retail facility less than 3,000 square in area, b) a restaurant less than 2,500 square feet in area, c) a warehouse less than 30,000 square feet in area, d) a distribution facility less than 30,000 square feet in area, e) paying 100% of the average weekly wage per Washington County worker as reported by the Maryland Department of Labor, Licensing and Regulation for newly created full-time positions at the end of the previous calendar year, f) business entities located within a Priority Funding Area, and, g) not located within an Enterprise Zone. The Commissioners discussed the proposal geared toward small business development and the fact that larger businesses have access to existing tax credit programs. Commissioner Keefer suggested that the Commissioners consider using a 90% average weekly wage per worker figure for the new full-time jobs created in lieu of 100%. Commissioner Myers suggested that the matter be brought back before the Commissioners when the full board is present. Bob Mandley advised that his office has received two letters of intent from prospective applicants for the program that could apply at this point since the criteria has not been narrowed down. The Commissioners discussed that fact and whether they should adopt the proposed resolution now and review it if necessary in 2017. Commissioner Keefer, seconded by Myers, moved to adopt a Resolution Concerning the Washington County, Maryland Job Creation and Capital Investment Real Property Tax Credits Ordinance, using the 90% average weekly wage per worker figure for the new full- time jobs created as discussed. The motion passed unanimously. (3-0, Commissioners Barr and Cline were absent.) (Resolution No. RS -2016-21 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) December 13, 2016 Page 7 CONVENE IN CLOSED SESSION Commissioner Myers, seconded by Keefer, moved to convene in closed session at 12:30 p.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; any other personnel matter that affects 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 on a legal matter, in accordance with Section 3-305(b) (1), (4) and (7) of the General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously. (3-0, Commissioners Barr and Cline were absent.) In closed session, the Commissioners reviewed various aspects of several proposals by local entities hoping to expand their operations in the County with staff and counsel; considered a specific personnel/position recommendation, and discussed a personnel matter and related staffing issues. During closed session, the Commissioners provided direction to staff regarding the proposals of local entities hoping to expand their operations in the County, directed staff to bring the employment recommendation before the Commissioner in a future open session meeting for further discussion and consideration; and provided staff with specific direction regarding a specific personnel matter. Present during closed session were Commissioners Terry L. Baker, Wayne K. Keefer and LeRoy Myers, Jr. Also present were Gregory B. Murray, County Administrator; Sarah Sprecher, Assistant County Administrator, Vicki C. Lumm, County Clerk; John M. Martirano, County Attorney; Kirk C. Downey, Deputy County Attorney, Kendall McPeak, Assistant County Attorney, and at various times Rob Slocum, Director, Susan Small, Real Property Administrator, and Scott Hobbs, Deputy Director, Engineering and Construction Management; Jim Sterling, Director, Public Works; Ed Plank, Director, Highway Department; Karen Luther, Director, Purchasing, Kevin Cerrone, Director, Shawn Harbaugh, Transit Fleet and Facility Manager, Transit; and Stephanie Stone, Director, Health and Human Services. RECONVENE IN OPEN SESSION Commissioner Myers, seconded by Keefer, moved to reconvene in open session at 1:11 p.m. The motion passed unanimously. (3-0, Commissioners Barr and Cline were absent.) Commissioner Keefer, seconded by Myers, moved to promote Doug Murray to the position of Section Supervisor in the Highway Department's Western Section, at Grade 13, Step 8. The motion passed unanimously. (3-0, Commissioners Barr and Cline were absent.) December 13, 2016 Page 8 CONVENE IN CLOSED SESSION Commissioner Myers, seconded by Keefer, moved to convene in closed session at 1:13 p.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; 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. (Commissioners Barr and Cline were absent.) In closed session, the Commissioners discussed a specific personnel matter and related staffing issues. During closed session, the Commissioners agreed to gather additional information relating to a personnel matter and to further discuss at a future meeting. Present during closed session were Commissioners Terry L. Baker, Wayne K. Keefer and LeRoy Myers, Jr. Also present were Vicki C. Lumm, County Clerk; and John M. Martirano, County Attorney. The meeting adjourned at 1:30 p.m. Gregory B. urray, Count Administrator John M. Martirano, County Attorney Vicki C. Lumm, County Clerk