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HomeMy WebLinkAbout11.15.2016 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland November 15, 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 10:10 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 — NOVEMBER 1. 2016 AND NOVEMBER 7.2016 Commissioner Barr, seconded by Cline, moved to approve the minutes of November 1, 2016. The motion passed with Commissioners Barr, Cline, Keefer and Baker voting "AYE" and Commissioner Myers "ABSTAIN." Commissioner Barr, seconded by Cline, moved to approve the minutes of November 7, 2016. The motion passed with Commissioners Barr, Cline, Myers and Baker voting "AYE" and Commissioner Keefer "ABSTAIN." COMMISSIONERS' REPORTS AND COMMENTS Commissioner Keefer complimented the Board of Elections, staff and volunteers for a job well done during last week's general election. Commissioner Myers commented on last week's election and congratulated the new members elected to serve on the Washington County Board of Education and Hagerstown City Council. Commissioner Barr also congratulated the newly elected members of the Board of Education and City Council. He attended the Chamber of Commerce's annual Economic Summit and the Washington County Community Foundation's People's Choice Awards. He praised the Foundation for its philanthropic work in the community. Commissioner Baker reiterated the previous Commissioners' comments regarding the election. He noted that the JFK Ultramarathon begun in 1963 would be held this weekend. REPORTS FROM COUNTY STAFF County Clerk — Appointments to Boards/Commissions Electrical Board of Examiners and Supervisors Commissioner Barr, seconded by Myers, moved to reappoint Charles E. Shindle, Sr. (Washington County Volunteer Fire and Rescue Association designee) to serve an eleventh, two-year term through June 30, 2018; reappoint Steven Ryan (Public Utility November 15, 2016 Page 2 designee) to serve a third, two-year term through June 30, 2018; and appoint Robert Kochera (Master Electrician designee) to serve a second, two-year term through September 30, 2018 on the Electrical Board of Examiners and Supervisors. The motion passed unanimously. MARYLAND AVIATION ADMINISTRATION GRANT AWARD Stephanie Lapole, Grant Manager, Office of Community Grant Management, and Phil Ridenour, Director, Hagerstown Regional Airport, presented the recommendation to accept a grant award of $45,000 from the Maryland Aviation Administration (MAA) to be used toward marketing efforts for Allegiant Air. Ms. Lapole advised that the grant covers 75% ($45,000) of the cost and requires a County match of 25% ($15,000) for a total project cost of $60,000. The matching funds are included in the Airport's operating budget and funded through the County's Hotel Rental Tax Fund. Commissioner Barr, seconded by Myers, moved to approve acceptance of the $45,000 grant award from the Maryland Aviation Administration as presented. The motion passed unanimously. PRESENTATION OF THE JUNE 30, 2016 AUDITED FINANCIAL STATEMENTS Debra Murray, Chief Financial Officer, Chris Lehman and William Seymour, SB & Company, LLC, presented findings from the audited financial statements of the County's budget year ending June 30, 2016. Ms. Murray discussed the $2 million surplus of capital assets that includes the Highway Department and General Funds, the General Fund having $334,000 and Highway Department Fund $1.1 million. Highway Funds for snow removal costs were under -budgeted in 2015-16 and that $1.1 million was transferred to the Highway Department's Fund to offset the snow removal losses. Mr. Lehman discussed the services performed by SB & Company. He stated that the opinion was unmodified, or "clean," and that the County has conformed to accounting practices generally accepted in the United States. The Commissioners discussed the report and commended Ms. Murray and her staff for the work they perform. ENHANCED NUTRIENT REMOVAL AT WASHINGTON COUNTY'S CONOCOCHEAGUE WASTEWATER TREATMENT PLANT Mark Bradshaw, Deputy Director, Environmental Management, presented a request to approve a $36,000 Change Order to Buchart-Horn, Inc. to prepare a newly required Preliminary Engineering Report to be submitted to the Maryland Department of the Environment (MDE). The County must submit the report to obtain a loan from MDE for the Conococheague Wastewater Treatment Plant upgrade; therefore, it was not in Buchart- Horn's original scope of work. Mr. Bradshaw advised that by taking the loan over issuing bonds, the County would save approximately $150,000 to $250,000 depending on the final loan terms. In addition to this direct savings, the County will receive $462,415 in principal loan forgiveness. November 15, 2016 -� Page 3 Commissioner Barr, seconded by Keefer, moved to approve a $36,000 Change Order to Buchart-Horn, Inc. to prepare a newly required Preliminary Engineering Report to be submitted to the Maryland Department of the Environment as presented. The motion passed unanimously. DISCUSSION OF POTENTIAL 2017 LEGISLATIVE INITIATIVES Deputy County Attorney Kirk C. Downey introduced a preliminary discussion of potential legislative initiatives the County may like to see addressed during the 2017 session of the General Assembly, as follows: 1) Dissolution of the PenMar Development Corporation 2) Revision to the Code of Public Local Laws, Section 1-I06.2(b)(2) — Sole Source Procurement (regarding sole source procurements that require the approval of four of the five Commissioners), the potential change would be to require three of four if there was a vacancy in office, 3) Support of the Maryland Association of Counties' (MACo) anticipated bill regarding maintenance of local land use control over small-scale energy generation facilities (i.e., wind farms, solar farms.) Some tribunals have ruled that the Public Service Commission is the sole regulatory authority concerning these types of systems; County zoning would be irrelevant and the County would lose land use control relating to the siting of these types of uses. 4) Legislation required by the Salary Study Commission process, if any; (some recommendations not yet received may require legislative action), and 5) Support for funding of the Downtown Urban Improvement Plan Project. The Commissioners discussed each item. Commissioner Myers commented that the revision to the Code of Public Local Laws, Section 1-I06.2(b)(2) item might not be desirable. It was the Commissioners' consensus to move forward with the legislative items as presented. APPLICATION FOR MAP AMENDMENT - WASHCO-ARNETT FARMS, LLC RZ-16-001 Kirk C. Downey, Deputy County Attorney, presented the proposed Decision and Findings of Fact concerning the application of WASHCO Arnett Farms. LLC (RZ-16-01) for Map Amendment Case No. RZ-16-001. The request concerns the proposal 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 RU zoning classification during the 2012 comprehensive rezoning. The County Commissioners held a public hearing on July 12, 2016 regarding the request and reached a consensus on August 30, 2016 to deny the application for the map amendment. They concluded that the Applicant failed to establish that the RU classification was a mistake. Furthermore, they concluded that the requested upzoning of the property was not warranted. November 15, 2016 Page 4 Commissioner Cline, seconded by Keefer, moved to deny the requested map amendment for RZ-16-001 and adopt the Decision and Findings of Fact as presented. The motion passed unanimously. The Decision is attached hereto. SUPPORT FOR INTERSTATE 81 IMPROVEMENTS Rob Slocum, Director, Engineering and Construction Management, and Matthew Mullenax, Executive Director, Hagerstown/Eastern Panhandle Metropolitan Planning Organization (HEPMPO), presented the recommendation to support the application for FASTLANE grants by the Maryland Department of Transportation (MDOT) to widen and improve Interstate 81 (1-81). On October 28, 2016, the U.S. Department of Transportation issued an Official Notice of Funding Opportunity by Secretary Pete Rahn. The MDOT and the HEPMPO have been preparing the application in advance; however, it will require support from the community and County Commissioners. Mr. Slocum indicated that the FASTLANE grant is extremely competitive. MDOT has positioned the project well by completing all necessary steps in advance. Phase I from West Virginia to the Williamsport exit is underway. MDOT has budgeted $5 million for additional design. Phase 11 spans from the Williamsport Exit to Interstate 70. Applications are due December 15 and MDOT is seeking input on or before December 1. Mr. Mullenax stated that letters from citizens and businesses alike should be directed to Senator Andrew Serafini's office so they may be included in the MDOT application. The County Commissioners have drafted a letter of support for the application. The Commissioners discussed the impact of frequent backups and accidents on I-81, not only to citizens but also to businesses. Rob Slocum stated that the project has been on the horizon for 16 years as a necessary project. State Secretary of Transportation Pete Rahn has been a proponent of the project. Commissioner Myers, seconded by Keefer, moved to support the application for FASTLANE grants by the Maryland Department of Transportation to widen and improve Interstate 81 as presented. The motion passed unanimously. BUDGET AMENDMENT FOR HEPMPO DUE TO I-81 FASTLANE GRANT APPLICATION Jill Baker, Chief Planner, Planning and Zoning, and HEPMPO member, stated that as part of the I-81 FASTLANE grant process, additional funding was received from MDOT to proceed with this application. She requested a budget amendment increase of $35,290, the majority of which are federal and State grants, but that includes a $520 local match to cover the allocation from the State. Commissioner Barr, seconded by Myers, moved to approve a $35,290 budget amendment to HEPMPO, of which $560 is a local match from Washington County as presented. The motion passed unanimously. November 15, 2016 IL Page 5 RECESS The Commissioners recessed at 11:25 a.m. to attend a luncheon meeting at the Schmankerl Stube, 58 South Street, Hagerstown, with Dr. Ronald Nowaczyk, President, Frostburg State University, and representatives from the University System of Maryland -Hagerstown Campus. AFTERNOON SESSION Commissioner Baker reconvened the meeting at 1:28 p.m. in Room 226 with the following members present: Vice President Jeffrey A. Cline and Commissioners John F. Barr, Wayne K. Keefer and LeRoy E. Myers, Jr. PAYMENT IN LIEU OF TAXES FOR SOLAR FACILITY AT MASON DIXON ROAD Ryan Gilchrist, Project Developer, Coronal Energy, requested approval of a Payment in Lieu of Taxes (PILOT) proposal regarding a proposed 18.337 Megawatt AC solar generating facility along Mason Dixon Road. The facility will consist of arrays of solar photovoltaic panels to generate electricity for sale to the grid. The final size of the project will be determined at buildout. Given the low margin environment of the alternative energy industry, a PILOT is necessary for Coronal's business model to work. The proposed PILOT is for $6,000 per Megawatt AC over a twenty-year term. Mr. Gilchrist indicated that a utility -scale solar facility requires a large capital investment with revenues to extend over the multi-year lifespan of the project. A PILOT enables the developer to offset the upfront capital expenditures against the lifetime revenue of the project. The fiscal impact is estimated to be $110,000 in annual tax revenue to the County. The Commissioners discussed the proposal. County Administrator Greg Murray advised that this request is the same as was agreed to for the solar facility at the County landfill. Full buildout of the project will take approximately nine months according to Mr. Gilchrist. Commissioner Myers, seconded by Cline, moved to approve a PILOT agreement of $6,000 per Megawatt AC of the solar facility being developed by Coronal Energy along Mason Dixon Road as presented. The motion passed unanimously. CONTRACT AWARD (PUR-1326) FOR PUMP STATION UPGRADES Rick Curry, Buyer, Purchasing Department, and Mark Bradshaw, Deputy Director, Water Quality, recommended award of the contract for Pump Station Upgrades (PUR 1326) at Governor Land Boulevard, Williamsport (PO #1), to the responsible, responsive bidder, Callas Contractors, Inc. of Hagerstown, Maryland, that submitted the lowest total sum bid of $717,800 (for Item No. 1 Plus Contingent Items C1 through C4). Mr. Bradshaw described the work to be performed that includes labor, materials, excavation, electrical work, structural modification to the existing building, and seeding disturbed areas. Funds of $1,477,647 are available in the department's Capital Improvement Project account. November 15, 2016 Page 6 Commissioner Barr, seconded by Cline, moved to award the contract for Pump Station Upgrades to the responsible, responsive bidder, Callas Contractors, Inc. of Hagerstown, Maryland, that submitted the lowest total sum bid of $717,800 (for Item No. 1 Plus Contingent Items C 1 through C4). The motion passed unanimously. BID AWARD — BULK ROAD SALT Rick Curry, Buyer, Purchasing Department, recommended that the Commissioners terminate the Bulk Road Salt contract previously awarded to Global Ventures of North America, LLC of Durham, North Carolina, that submitted the lowest bid price of $60 per ton for breach of contract. He further recommended that the contract for the purchase/delivery of Bulk Road Salt (PUR-1324) be awarded to the next responsible, responsive bidder, Eastern Salt Company, Inc. of Lowell, Massachusetts, which submitted the next lowest bid price of $64 per ton. Mr. Curry indicated that on September 20, 2016, the County Commissioners awarded the bulk road salt contract to Global Ventures. The delivery terms in the bid documents and the contract require the vendor to deliver road salt to the various locations within forty-eight hours of request. On October 26, 2016, a purchase order was issued to Global to deliver 1,500 tons of road salt. Global failed to deliver salt as required by the contract, therefore; staff is recommending the Board terminate the Global contract due to its breach of contract. Commissioner Myers, seconded by Barr, moved to terminate the Bulk Road Salt contract awarded to Global Ventures of North America, LLC of Durham, North Carolina, that submitted the lowest bid price of $60 per ton for breach of contract as presented, and to award the contract for the purchase/delivery of Bulk Road Salt to the responsible, responsive bidder, Eastern Salt Company, Inc. of Lowell, Massachusetts, which submitted the next lowest bid price of $64 per ton as presented. The motion passed unanimously. AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JG BUSINESS LINK INTERNATIONAL FOR THE DEVELOPMENT OF THE CASCADE TOWN CENTRE County Administrator Greg Murray introduced representatives of JG Business Link International (JGBLI), Wonro Lee, CEO, Gunseon Lee, Chairman, and Joe Lee. Mr. Murray described the development plan for the proposed Cascade Town Centre at Fort Ritchie. Since the County took ownership of Fort Ritchie, the County's consultant, JGBLI, has moved forward aggressively and is poised to commence redevelopment. It is anticipated that some firm concepts will be in hand by the end of 2017. Chief Executive Officer Wonro Lee expressed appreciation to the Commissioners for the joint work done thus far and advised that JGBLI is ready to execute several agreements for development at the proposed Cascade Town Centre. The Commissioners discussed the proposal. Commissioner Myers discussed the funds spent thus far and stated that the opportunity is ripe for redevelopment. He discussed the no -risk opportunity and noted that no taxpayer dollars were needed to follow through with November 15, 2016 Page 7 the proposed plans. He commented that the Hotel Rental Tax Funds used to this point were well spent. Mr. Murray reiterated the comments about no risk to the citizens. Mr. Wonro estimated the maximum investment that could take place at the Cascade Town Centre to be $500 million to $2 billion. Commissioner Keefer commented on what would have happen if a developer were not found. He complimented JGBLI on its work with the County and as a host during the visits to South Korea to meet with potential investors. Commissioner Barr reiterated the comments stating that JGBLI has proven its value while working on economic development projects in Montgomery County, Maryland. Commissioner Cline discussed the minimum risk and maximum opportunity proposal to redevelop the former Fort Ritchie property. Commissioner Barr, seconded by Myers, moved to approve the Master Developer Agreement between the County Commissioners and JGBLI as presented. The motion passed unanimously. EMERGENCY COMMUNICATION CENTER (9-1-1) STAFF SCHEDULE CHANGE AND BRIEFING ON EMERGENCY SERVICES COMPREHENSIVE PLAN David Hays, Director, Emergency Services, Dale Hill, Vice President/Immediate Past President, Washington County Volunteer Fire and Rescue Association (WCVFRA), and Alan Crawford, Operations Manager, Emergency Communications Center, requested authorization to modify the full-time Emergency Communications work schedule to include a twelve hour work shift that would include eight hour power shifts to augment the Emergency Communications Center (ECC) capacity during peak call volumes as indicated through internal Computer -Aided Dispatch (CAD) and 9-1-1 data analysis. This is a common work schedule in other 9-1-1 Centers according to Mr. Hays. Mr. Crawford indicated that ECC management has been working on employee recruitment and retention activities due to a noticeable increase in staff turnover rates the past few years. He described information gathered on surrounding 9-1-1 call center operations and comments by exiting employees regarding more attractive work schedules that may be a factor in their decision to leave Washington County employment. Mr. Hays stated that the new schedule consists of four shifts, each representing differing shift times of days of the week. The twelve hour schedule also includes the delineation and staffing of power shifts during peak call times. A second supervisory positon has been built into the matrix to allow better floor supervision across all staff functions. The plan does not include a request for additional full time personnel but would have a budget impact of $65,000 for the remaining current fiscal year and $130,000 for a full budget year. The plan also includes filling three vacant Call -Taker positions, upgrading three Grade 11 Supervisors and three Grade 10 Assistant Supervisors; all six Supervisors would be reclassified at Grade 11. Mr. Hays indicated that under the restructuring, overall efficiency is expected to improve by ensuring a minimum of ten staff members at any given time in the ECC, including two supervisors. November 15, 2016 Page 8 The Commissioners discussed the proposal including the frequent turnover of employees and the associated cost of training. If approved, the plan will go into effect sometime in January 2017. Greg Murray indicated that the local unions would be required to vote on any amendment to the current Memorandum of Understanding (MOU). Commissioner Barr, seconded by Myers, moved, subject to review and final approval by County staff, including the County Administrator, the County Attorney, the Department of Health and Human Services and the Division of Budget & Finance to: (1) authorize the Division of Emergency Services to modify its full time Emergency Communication employees' work schedule to include a twelve-hour work shift that will include eight-hour power shifts that will augment the Emergency Communication Center's capacity during peak call volume time periods; (2) approve an amendment to the Memorandum of Understanding between the Board of County Commissioners of Washington County, Maryland and the Maryland Public Employees Council 67, AFSCME, AFL-CIO and it's Local 2677, AFL-CIO, relating to the implementation and modification of said twelve hour shifts; and, (3) to authorize the filling of three budgeted positions and posting for the promotion of supervisors as presented. The motion passed unanimously. CITIZENS' PARTICIPATION No citizens attending the meeting wished to participate. ADJOURNMENT Commissioner Myers, seconded by Cline, moved to adjourn at 2:40 p.m. The motion passed unanimously. Gregory B. M xray, Count Administrator John M. Martirano, County Attorney Vicki C. Lumm, County Clerk