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
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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
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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.
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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
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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.
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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
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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.
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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