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HomeMy WebLinkAbout10.25.2011 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland October 25, 2011 President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 9:37 a.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barr gave the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — OCTOBER 4, 2011, OCTOBER 11, 2011, AND OCTOBER 18, 2011 REGULAR AND JOINT PUBLIC HEARING (RZ-11-004) Commissioner McKinley, seconded by Callaham, moved to approve minutes of the October 4, 2011, October 11, 2011, and October 18, 2011 regular meetings, and the October 18, 2011 Joint Public Hearing for RZ-11-004. The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner Cline attended the Washington County Technical High School open house and a Chamber of Commerce mixer at Cellular One. He was present at the grand opening of a new Jiffy Lube located on Wesel Boulevard. He commended the County's Recreation and Fitness Department for "The Park at Dark" Halloween event at Doub's Woods. Mr. Cline recognized the Maugansville Ruritan Club for its community events and enjoyed the recent pancake breakfast. He participated in the Breast Cancer Awareness - Cumberland Valley "Step and Stride" walk at Hagerstown Community College (HCC) and enjoyed the 15'x' annual Joint Reunion sponsored by Dr. Ralph Salvagno of the Center for Joint Surgery and Sports Medicine. Commissioner Cline announced that the first annual country breakfast buffet would be held on November 12 at the Agricultural Education Center to benefit and Rural Heritage Museum Blacksmith Shop. Commissioner Callaham reported on a Housing Authority of Washington County Board meeting and distributed flyers used to promote membership on the Board. She attended the Jiffy Lube ribbon cutting and a Commission on Aging Board meeting. Ms. Callaham stated that she was present at the kickoff breakfast for Maryland Education Week with Commissioners McKinley and Cline. Commissioner McKinley attended the Technical High School open house that introduced prospective students to the school. He discussed the Maryland Education Week event. Mr. McKinley noted telephone calls and emails received that were against or in favor of the proposed roundabout at the HCC entrance. He enjoyed a recent concert by the Maryland Symphony Orchestra and expressed how fortunate the County is to have a locally based orchestra. October 25, 2011 Page 2 Commissioner Barr was present at a Transportation Advisory Council meeting and stated that the group addresses all transportation concerns expressed by citizens. He attended a reception at HCC for the new Science, Technology, Engineering, and Math (STEM) building and the refurbished Kepler Theatre, both now undergoing construction. He presented a proclamation to volunteers serving on the Washington County Community Mediation Center to observe Conflict Resolution Day. Mr. Barr attended the Jiffy Lube grand opening and the "Read and Shine" event hosted by author Nora Roberts to raise funds for local public libraries. He praised the Maryland Symphony Orchestra, echoing the comments made by Commissioner McKinley. Commissioner Ban advised the Commissioners that Delegate LeRoy Myers contacted him regarding a meeting in Annapolis on October 28 to discuss the PlaWaryland comprehensive growth plan document and its effect on Western Maryland counties. Commissioner Baker discussed the open house at the Technical High School, where he teaches carpentry. Commissioner Callaham interjected that she would like to discuss the possibility of accommodating additional students at the Technical High School during the next joint meeting of the Commissioners and the Board of Education. Mr. Baker reported meeting with a delegation of Western Maryland commissioners to discuss the proposal to hire a lobbyist to follow developments of the P1anMaryland document and represent the interest of those counties. He advised of a meeting planned in Carroll County on October 31, where twelve counties would hear a speaker on P1anMaryland. He invited the Commissioners and staff who are involved to attend the meeting. Commissioner Baker noted that the Commissioners would be participating in the Mummer's Parade on Saturday, October 29. He announced that a two-mile "Spooky Sprint" foot race would be held on Potomac Street before the parade, sponsored by the Washington County Recreation and Fitness Department, City of Hagerstown, and The Alsatia Club of Hagerstown. Commissioner Barr asked about the correlation of meetings on October 28 and October 31 for the PlanMaryland document. County Administrator Greg Murray advised that the October 31 meeting would present Carroll County's views on the document. The October 28 meeting, sponsored by State Senator Edward J. Pipkin, is to request letters of support to require legislative approval for P1anMaryland. Commissioner Barr commented that Recreation and Fitness Department Director Jaime Dick spoke at the Antietam Exchange Club breakfast this morning. He commended Mr. Dick and his staff for the excellent events offered to County citizens. APPROVAL OF CONDUIT BONDS FOR HOMEWOOD RETIREMENT CENTER Debra Murray, Finance Director, and Lindsey Rader, Bond Counsel for Washington County, advised the Commissioners of a request by the Homewood Retirement Center (Homewood) to issue conduit debt for the expansion of its facilities in Williamsport, Maryland. Ms. Rader advised that Maryland and federal laws allow for the issuance of tax- exempt bonds to borrowers that are 501(c)(3) corporations. She stressed that the borrower October 25, 2011 Page 3 is responsible for the debt and any costs involved, including the payment of legal services. Ms. Murray noted that the procedure is a common practice and her Department must only disclose the financial aspect to the County's auditors. She advised that the County now has eight outstanding bond issuances of this type totaling $52 million. The Commissioners discussed the request and the amount of time expended by County staff to accomplish the work, which was deemed as being minimal. It was the consensus of the Commissioners to approve the request as presented. Commissioner Barr stated that he was abstaining from consenting or voting on the matter due to his company's involvement with the Homewood project. REDEMPTION OF 2006 MARYLAND RUNWAY EXTENSION PROJECT BONDS AND APPROVAL OF $800.000.00 FUNDS TRANSFER Debra Murray and Lindsey Rader discussed the process to redeem the County's 2006 Maryland Runway Extension Project Bonds (Bonds) that were used to finance the Hagerstown Regional Airport's Runway Extension Project until federal and State grants were received. Ms. Rader stated that Bonds maturing after January 1, 2012 are subject to redemption prior to their maturities at the option of the County. She advised that redeeming the Bonds now saves approximately $4 million in interest costs and reduces debt by $12,225,000.00. Ms. Rader indicated that the call date would be December 1, 2011. The Commissioners discussed details of the redemption process. Commissioner Barr, seconded by McKinley, moved to approve the Resolution authorizing the County Commissioners to call for redemption of the 2006 outstanding Runway Extension Project Bonds as presented. The motion passed unanimously. (Resolution No. RS -2011-17 is located in the County Commissioners' Office) Commissioner Barr, seconded by Cline, moved to transfer $800,000.00 in savings from the redemption of the 2006 Runway Extension Project Bonds to the Senior Center Capital Improvement Project. The motion passed unanimously. UNITED WAY AND COMMUNITY HEALTH CHARITIES CAMPAIGNS Kathy Kroboth, Coordinator of the Washington County Government's United Way and Community Health Charities campaign, announced the kickoff of this year's campaign. Ms. Kroboth stated that the County's campaign would run from October 24, 2011 through November 15, 2011. She praised the sixty-six employees that participated in the recent United Way Day of Caring. Addie Nardi and Leah Gayman, of the United Way, and David Jones, Manager of Campaign Services for Community Health Charities, presented information on their respective agencies. Mr. Jones presented a plaque to the Commissioners to recognize the County's past contributions to Community Health Charities. The Commissioners thanked all the representatives and commended County employees for their generous contributions. October 25, 2011 Page 4 CITIZENS PARTICIPATION Washington County resident Carroll Earp expressed concerns regarding traffic and the deterioration of road conditions at Mt. Aetna Road between Whitehall Road and Route 66. OTHER BUSINESS Renorts from Countv Staff Health and Human Services Health and Human Services Director Stephanie Stone introduced new Highway Department employee Eddie Timmons. The Commissioners welcomed Mi•. Timmons and wished him well in the position. Ms. Stone requested approval to hire Shawn Harbaugh as the Transit Fleet Manager in the Transit Department at the Grade 13, Step 6 level. The Commissioners discussed the request. Commissioner Barr moved to approve the request as presented. Commissioner Baker stated that his personal preference would be to hire a Washington County resident and he favored the promotion of an applicant from within the Department. Commissioner Cline also favored the practice of promoting from within County departments. Commissioner McKinley seconded the motion. The motion passed with Commissioners Barr, McKinley, and Callaham voting "AYE" and Commissioners Cline and Baker "NO." Ms. Stone requested to advertise to hire an Auto Services Technician in the Highway Department at Grade 9 due to an employee's retirement. Highway Department Director Ed Plank described the duties of the position with the Commissioners. Commissioner Cline, seconded by McKinley, moved to approve the request as presented. The motion passed unanimously. Ms. Stone requested permission to advertise to hire for three positions in the Department of Water Quality: Office Associate - Grade 6, Electrician - Grade 11, and Systems Mechanic I, Grade 9. The Commissioners discussed the requests with Dan DiVito, Deputy Director of the Division of Environmental Management. Mr. DiVito requested the authority to advertise to hire if an internal position became open due to filling any of the approved positions from within the Department. Commissioner Barr, seconded by McKinley, moved to approve the request to advertise to hire for the three positions as presented. The motion passed unanimously. COMMERCIAL STIMULUS PROGRAM - PAD READY SITES Assistant County Attorney Andrew F. Wilkinson discussed the proposed Resolution for a Pad Ready Site Commercial Stimulus Program, suggested by the Economic Development Commission (EDC) and previously endorsed by the County Commissioners. Mr. Wilkinson provided an overview of the Program, including the EDC Board's recommendations that: 1) the Program run for three years instead of two, and 2) the Program include demolition or renovation of existing buildings. He indicated that during October 25, 2011 Page 5 the review process, the Division of Plan Review and Permitting expressed concerns regarding a revision suggested by the EDC Board concerning the definition of "pad ready", said revision including the language "not require the developer to do work that would need to be removed and re -done to accommodate final completion of the project." Attorney Wilkinson advised that the phrasing might be too broad and may restrict the application of regulatory changes that may occur in the future. Commissioner Callaham, seconded by McKinley, moved to approve the Resolution adopting the Pad Ready Site Commercial Stimulus Program as presented. Mr. Wilkinson asked whether the motion included all changes shown in the revision attached to the Commissioners' Agenda Report Form (ARF.) Ms. Callaham stated that it did not. Commissioner Callaham amended the motion to accept the Resolution but to remove the language added by the EDC Board to the definition of "pad ready." Commissioner McKinley seconded the amended motion. Commissioner Cline expressed concerns that the changes recommended by the Division of Plan Review and Permitting had not been reviewed by the EDC or EDC Board. To ensure clarity, County Clerk Vicki Lumm read the amended motion. The Commissioners discussed the issue. The motion passed with Commissioners Callaham, McKinley, Barr, and Baker voting "AYE" and Commissioner Cline `210." (Resolution RS -2011-18 is located in the County Commissioners' Office) DISCUSSION OF THE DEVELOPMENT FINANCING POLICY/HIGH PERFORMANCE BUILDING CREDITS Greg Murray provided a history of the High Performance Building Credits Policy, which was discussed and subsequently approved by the previous Board of County Commissioners. He stated that the Policy is a tool to foster development and pay for infiastructure and other public improvements within a specified development area. Mr. Murray discussed high performance building standards, used in LEED certified buildings, and why it is prudent to encourage the use of those structures. He added that by providing a tax incentive, the County is actually netting out by the higher tax rate to facilitate "green" buildings. Debra Murray discussed the development of a Financing Policy that would establish procedures to follow when considering applications for economic development and redevelopment put -poses. She stated that to date, the program had only been used by the Prime Outlets (now Premium Outlets.) The Commissioners discussed the proposal. Commissioner Baker requested further review by the EDC and Ms. Murray suggested that the County's Bond counsel also review the document. Commissioner Callaham favored the review of both policies. It was the consensus of the Commissioners to have the EDC review the documents before proceeding with full development of the program. PROCLAMATION - ECONOMIC DEVELOPMENT WEEK The Commissioners presented a proclamation to Economic Development Commission Director Tim Troxell and Board Chair Shelby Penn in recognition of Economic October 25, 2011 Page 6 Development Week, observed October 24-28, 2011. Mr. Troxell announced this year's 50rh anniversary of the Maryland Economic Development Association and noted various events being held this week. Ms. Penn discussed recent EDC developments at the State level and thanked Commissioners Callaham, McKinley, and Cline for attending a recent conference. RECESS The Commissioners recessed at 11:45 a.m. to attend a luncheon meeting and tour the Cinetic Landis Corporation facility at 16778 Halfway Boulevard, Hagerstown, AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 2:10 p.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. DISCUSSION OF REVOLVING LOAN FUND BUSINESS LOAN APPLICATION Debra Murray opened a discussion regarding additional programs to support the attraction and retention of businesses. Ms. Murray indicated that the previous Board of Commissioners discussed a revolving loan fund (Fund) in 2009 and developed a $1 million economic development incentive package. She stated that the Fund was not included in the final program. Greg Murray indicated that it would be geared toward specific targets such as local small businesses or specific industries. The program could be offered in the form of guarantees or other types of loans, or actual cash disbursements on a revolving basis. He discussed various details that could be included in Fund guidelines, including an EDC review committee. The Commissioners discussed criteria to be considered in the Fund guidelines, including whether the program would be competing with local financial institutions and Tri -County Council of Western Maryland. Debra Murray stated that the Fund would be intended as gap financing, where an applicant would have previously been turned down by two lenders. Greg Murray advised that the Tri -County Council uses different criteria and targets specific areas for its funding. The intention would be to provide a local fund to deal with local businesses. It was the consensus of the Commissioners to have EDC review the plan and make recommendations about loan eligibility and how the program would be administered. MEMORANDUM OF AGREEMENT — GARIS SHOP ROAD AND POFFENBERGER ROAD IMPROVEMENTS Joe Kroboth, III, Public Works Director, requested approval from the Commissioners to allow President Baker to sign a Memorandum of Agreement (MOA) between Claggett's Mill, LLC and the Board of County Commissioners for proposed improvements at Garis Shop Road and Poffenberger Road. Mr. Kroboth stated that due to capacity limitations and safety concerns at the intersection of Old National Pike and Poffenberger Road, the developer, Elm Street Development, was limited to 87 of the 238 lots until the intersection was improved. Mr. Kroboth described the improvements, estimated at $3.2 million, and indicated that a partnership was devised between the State Highway Administration, Washington County, and the developer. Washington County's funding share is October 25, 2011 Page 7 $1.3 million, State funding is $1.2 million, and the developer would contribute $700,000. The Commissioners discussed the project. Commissioner Baker expressed his discomfort with the amount of funding being contributed by the developer, stating that it should be more. The Commissioners discussed the proposal. Commissioner Callaham, seconded by Barr, moved to authorize the officers of the Board of County Commissioners to execute the Memorandum of Agreement between the County Commissioners and Claggett's Mill, LLC relating to the improvements to the intersection of U.S. Route 40 Alternate and Poffenberger/Garis Shop Roads. The Commissioners further discussed the issue. The motion passed with Commissioners Callaham, Barr, Cline, and McKinley voting "AYE" and Coimnissioner Baker "NO." REAL PROPERTY ACOUISITION — GILARDI ROAD Joe Kuhna, Real Property Administrator, requested authorization to close negotiations for the acquisition of a right of way necessary for bridge repairs to the existing Gilardi Road Bridge culvert and related structures. Mr. Kuhna stated that acquisition of the parcel is required to permit construction of a new box culvert and related structures to repair the road that was washed out during flooding to the area in April 2011. He indicated that compensation would be $12,100.00. The Commissioners discussed the request. Commissioner Barr, seconded by McKinley, moved to authorize the Real Property Administrator to close negotiations for the acquisition of a right of way for bridge repairs as stated, to adopt an ordinance approving said purchase, and to authorize the execution of the necessary documentation to finalize the acquisition. The motion passed unanimously. (Ordinance No. ORD -2011-24 is located in the County Commissioners' Office) REAL PROPERTY ACOUISITION — ERNSTVILLE ROAD Joe Kuhna requested approval to close negotiations for the acquisition of a right of way for repairs to the Ernstville Road Bridge culvert that has shown signs of deterioration, Mr. Kuhna indicated that the right of way is necessary to allow placement of new headwalls and correctly sized drainage pipe. He advised that compensation would be $1,650.00. Commissioner Barr, seconded by McKinley, moved to authorize the Real Property Administrator to close negotiations for the acquisition of a right of way for culvert repairs as stated, to adopt an ordinance approving said purchase, and to authorize the execution of the necessary documentation to finalize the acquisitions presented. The motion passed unanimously. (Ordinance No. ORD -2011-24 is located in the County Commissioners' Office) CONVENE INCLOSED SESSION Commissioner Barr, seconded by Callaham, moved to convene in closed session at 2:52 p.m. to discuss the proposal for a business or industrial organization to locate, expand, or remain in the State; to discuss the appointment, employment, assignment, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has October 25, 2011 Page 8 jurisdiction; and to discuss other personnel matters that affect one or more specific individuals, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed the proposal for a business or industrial organization to locate, expand, or remain in the State; discussed the appointment, employment, assignment, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; and discussed other personnel matters that affect one or more specific individuals. Present during closed session were Commissioners Terry L. Baker, John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Also present at various times were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; Debra Murray, Finance Director; and Tim Troxell, EDC Director. ADJOURNMENT Commissioner Barr, seconded by Callaham, moved to adjourn at 4:30 p.m. The motion passed unanimously. Gregory B.Purray, Co�nty Administrator U- /Vu a- John M. Martirano, 2m ttorney ULL , 0 - Vicki ;Vicki C. Lumm, County Clerk