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HomeMy WebLinkAbout01.27.2015 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland January 27, 2015 LUNCHEON MEETING WITH ECONOMIC DEVELOPMENT COMMISSION The Washington County Board of County Commissioners attended a luncheon meeting at 1:12 p.m. at 100 West Washington Street, Room 255, Hagerstown, Maryland, with members of the Washington County Economic Development Commission (EDC) Board and Department of Business Development staff. Board members in attendance reported on various EDC sub -committees that are working on specific initiatives to promote business in Washington County and improve Hagerstown's City Center. The meeting ended at 2:28 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Myers 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 2:52 p.m. in the County Administration Building located at 100 West Washington Street, Room 227, Hagerstown, with the following members present: Vice President Jeffrey A. Cline and Commissioners LeRoy E. Myers, Jr. and William J. Wivell. (Commissioner John F. Barr arrived later in the meeting due to business in Annapolis for his role as First Vice President of the Maryland Association of Counties.) APPROVAL OF MINUTES — JANUARY 20, 2015 Commissioner Cline, seconded by Wivell, moved to approve the minutes of January 20, 2015. The motion passed unanimously. REPORTS FROM COUNTY STAFF Countv Clerk — Appointments to Boards/Commissions PenMar Development Corporation Commissioner Wivell, seconded by Myers, moved to appoint John Slidell to serve an unfulfilled term through June 30, 2017 on the PenMar Development Corporation. The motion passed unanimously. Area ARencv on Aainiz Commissioner Cline, seconded by Wivell, moved to appoint Meg Cliber to fulfill an unexpired term through January 31, 2016; appoint Karen Cook to serve a first, full three- year term through January 31, 2018; and reappoint Karen Starliper to serve a second, three-year term through January 31, 2018 on the Area Agency on Aging Advisory Council. The motion passed unanimously. January 27, 2015 Page 2 Electrical Board of Examiners and Sunervisors Commissioner Myers, seconded by Wivell, moved to appoint Terry Molnar to serve a first, two-year term through January 31, 2017 as a member -at -large on the Electrical Board of Examiners and Supervisors. The motion passed unanimously. Mental Health Authority, Inc. Commissioner Cline, seconded by Myers, moved to reappoint Phyllis Keliher to the Washington County Mental Health Authority, Inc. to serve a second, three-year term through December 31, 2017. The motion passed unanimously. County Administrator Hiahwav Department Budaet Adiustment Due to Insurance Recovery Payment County Administrator Greg Murray requested approval of a $37,900 increase in the Highway Department's operating budget as an unanticipated expense due to repairs to electronic message boards that were damaged in a flooding event. The funds will be recovered through an insurance company payment. Commissioner Cline, seconded by Myers, moved to approve adjusting the Highway Department's budget by $37,900 to accept the insurance recovery payment as presented. The Commissioners discussed the flood damage with Highway Director Ed Plank. The motion passed unanimously. (4-0, Commissioner Barr was absent.) BID AWARD/REJECTION — VEHICLES AND ON -ROAD INDUSTRIAL EOUIPMENT (PUR-1260) Rick Curry, Buyer, Purchasing, and Ed Plank, Director, Highway Department, recommended rejection of the bid received from Potomac Mack Sales and Service, Inc. for three 4x2 Single Axle Dump Trucks due to its bid exceeding the Highway Department's $525,000 budget for these trucks. Mr. Curry discussed the purchase of the vehicles by utilizing the Montgomery County, Maryland Office of Procurement contract awarded to Potomac Mack Sales and Service, Inc. of Bladensburg, Maryland, contingent upon Montgomery County's approval of a price increase of approximately 3%. The Code of the Public Local Laws of Washinaton County, Maryland provides that the County Commissioners may procure goods and services through a contract entered into by another governmental entity, in accordance with the terms of the contract, regardless of whether the County was a party to the original contract. Mr. Curry indicated that only one bid was received for the Extended Chassis/Cab and the three Dump Trucks. He recommended the Commissioners re -advertise and solicit bids for the Regular Cab/Chassis with 10' Dump Body and award the bids for the following equipment to the responsive responsible bidder with the lowest bid as follows: 1) One Ride -On, 1 -Ton Double Drum Vibratory Asphalt Compactor to Valley Supply & Equipment, Hagerstown, Maryland for $14,300, 2) One Ride -On, 2-1/2 Ton Double Drum Vibratory Asphalt Compactor with 2 Drum Function to Valley Supply & Equipment of Hagerstown, Maryland for $25,300, January 27, 2015 Page 3 3) One Extended Cab/Chassis with 30' Aerial Bucket/Aerial Traffic Signal to Altec Industries, Inc. of Elizabethtown, Kentucky, and 4) One Self -Propelled Broom Sweeper with Cab to Alban Tractor Co., Inc. of Baltimore, Maryland for $65,829 (Alt. #1 ($4,890). The Commissioners discussed the reasons for the small number of bidders, which Mr. Curry attributed to busy dealerships and some dealers knowing they cannot compete with the other bidders. Commissioner Cline, seconded by Wivell, moved to reject the bid from Potomac Mack Sales and Service, Inc. for three 4x2 Single Axle Dump Trucks for the reasons stated, to re -advertise and solicit bids for the Regular Cab/Chassis with 10' Dump Body, purchase three 4x2 Dump Trucks by utilizing the Montgomery County, Maryland Office of Procurement contract awarded to Potomac Mack Sales and Service, Inc. of Bladensburg, Maryland, contingent upon Montgomery County's approval of a price increase of approximately 3%, and to award the bids for various vehicles and on -road equipment to the responsive, responsible bidders as discussed and recommended by staff. The motion passed with Commissioners Cline, Wivell, and Baker voting "AYE" and Commissioner Myers "ABSTAIN" due to business connections with Baltimore Mack. (Commissioner Barr was absent.) (Resolution No. RS -2015-01 is located in the County Commissioners' Office.) SENECA RIDGE DEVELOPMENT CONDOMINIUM REQUIREMENT Deputy County Attorney Kirk C. Downey advised that the developer of Seneca Ridge has sought approval of a site plan for a principally permitted use of the property. Mr. Downey indicated that Magnum Center, LLC was the previous owner and developer of the development that included the planned construction of apartments. Apartments are a principally permitted use of the subject property. Due to changes in the regulatory environment in 2005 and the amendment of the County Adequate Public Facilities Ordinance and Building Excise Tax Ordinance, a lawsuit was filed against the County by Magnum alleging that these regulatory changes threatened the viability of the then current project. A settlement between the parties was reached at that time which provided, among other things, that Magnum could construct condominiums rather than apartments. The planned construction of condominiums allowed Magnum to reduce its excise tax burden to a level that allowed the project to remain viable. The excise tax rate has subsequently been reduced. After 2007, the current owner purchased the project and submitted a new site plan for approval to construct apartments on the subject property, which the Planning Commission approved. Mr. Downey indicated that there is no difference in the amount of excise tax the County will collect from either apartment or condominium construction. The Commissioners discussed the proposal, including the impact to Maugansville-area residents by the construction of apartments rather than condominiums. They requested further legal clarification on whether the settlement agreement is enforceable against the ` "J current owner. January 27, 2015 Page 4 (Commissioner Barr entered the meeting at 3:30 p.m.) 2015 LEGISLATIVE ITEMS AND ISSUES Deputy County Attorney Kirk C. Downey presented items to be considered for legislative action during the current legislative session: 1) Tax Increment Financina (TIF) Act — to amend the current TIF statute to provide the County with additional authority to engage in TIF proposals. Maryland law allows the use of TIF for public infrastructure projects but an amendment would allow a developer or company to issue bonds and use a portion of taxes to repay the debt. Several Maryland counties have already instituted the approach. The Commissioners discussed the TIF process. Commissioner Wivell requested information from staff on currently available tax credits. Commissioner Myers recommended that a decision be made on the TIF proposal during the next Commissioners' meeting due to the time needed to present it to the local Delegation. 2) Hotel Rental Tax Fund — to change the due date for reporting hotel rental tax income from September 1 to November 1 of each year. 3) Countv Clerk's Duties — Code of the Public Local Laws of Washinaton Countv, Marvland — to remove/update obsolete language concerning the duties and bonding requirements of the County Clerk. 4) Buildina Codes — to allow Washington County to move to a six-year, rather than three-year, adoption of certain building codes. The Commissioners discussed the proposal with Rob Slocum, Director, Engineering and Construction. He indicated that the current three-year cycle involves a short turnaround time and is costly for staff time and contractors who must purchase revised Code editions. Mr. Slocum indicated that the County still would be required to adopt the latest version of the Energy Conservation Code and would have to comply with the latest Americans with Disabilities Act regulations. He recommended adopting, with local amendments, the 2015 Maryland Building Performance Standards this year and introducing a six-year cycle moving forward for those portions of the Standards containing the International Building Code and International Residential Code. The Commissioners plan to further discuss the initiatives. CITIZENS PARTICIPATION No citizens were present who wished to participate. January 27, 2015 Page 5 EMPLOYEE RECOGNITION Bud Gudmundson, GIS Manager, Information Technology, introduced three employees in that office that have earned the designation of Geographic Information Systems Professional - Joe Rathvon, Bonn Poland, and Meghan Jenkins. He described the certification process that each employee pursued on their own initiative. The Commissioners presented certificates and County pins to the employees in recognition of their achievements. CONTRACT AWARD — AVIATION ENGINEERING SERVICES FOR THE HAGERSTOWN REGIONAL AIRPORT Karen Luther, Purchasing Director, and Phil Ridenour, Airport Director, presented the recommendation to award the contract for On -Call Aviation Engineering Services at the Hagerstown Regional Airport (PUR-1269) to Airport Design Consultants, Inc. (ADCI) of Columbia, Maryland, in association with Bushey Feight Morin Architects, Hagerstown, Maryland; RHL Engineering Company, Frederick, Maryland; URS, Hunt Valley, Maryland; Hillis -Carnes Engineering Associates, Inc., Williamsport, Maryland; Fox & Associates, Inc., Hagerstown, Maryland; Argus Consulting, Inc., Kansas City, Missouri; OR Colan Associates, Warwick, Rhode Island; and Johnson, Mirmiran & Thompson, Inc., Sparks, Maryland, with the contract Agreement being contingent upon approval from the Federal Aviation Administration. The services to be performed include aviation planning services, architectural/engineering services, airport development projects, and incidental services. Ms. Luther advised that the selection of an aviation engineering consultant is not to be based on price proposals but only on consultants' qualifications and experience. Mr. Ridenour discussed the tentative list of Airport projects that include the acquisition of snow and ice control equipment, lawn care equipment, airfield improvements, fuel farm relocation, land acquisition and development, terminal expansion, and airport layout plan updates. The Commissioners discussed the infrequent practice of awarding a bid based on qualifications and experience and not on price proposals. Ms. Luther indicated that the contract is a full service, on-call contract where no amount of work is guaranteed. Bidders are not allowed to provide rates in the proposals for any of their services. Mr. Ridenour discussed the discretionary federal grant money obtained from a set number of enplanements at the Airport, typically $1 million, which may be used toward the projects described. Commissioner Myers, seconded by Barr, moved to award the contract for On -Call Aviation Engineering Services at the Hagerstown Regional Airport to Airport Design Consultants, Inc. of Columbia, Maryland, and associated companies as presented, contingent upon approval from the Federal Aviation Administration. The motion passed unanimously. J January 27, 2015 Page 6 MARYLAND INSTITUTE OF EMERGENCY MEDICAL SERVICES SYSTEMS MATCHING FUND GRANT Dave Chisholm, Assistant Director of Emergency Medical Services Operations, Emergency Services, recommended acceptance of a Maryland Institute of Emergency Medical Services System (MIEMSS) matching fund grant of $16,575. He indicated that MIEMSS on an annual basis offers a matching grant program for cardiac defibrillators to all fire, rescue, and emergency medical services organizations in the State. The County was awarded matching funding for the purchase of one LifePak 15 monitor/defibrillator and one CR Plus AED. The LifePak 15 is a replacement for a ten-year old unit. Commissioner Cline, seconded by Barr, moved to accept the MIEMSS Matching Fund Grant of $16,575 and to authorize the execution of all required documentation relating to said grant as presented. The motion passed unanimously. County Administrator Greg Murray informed the Commissioners that a designation must be made as to where the matching funds come from, since this was not a budgeted item. Commissioner Cline made a motion to amend his previous motion to include that the matching funds of $16,575 would be taken from the general fund contingency. Commissioner Barr seconded the motion. The amended motion passed unanimously. DESIGNATION OF A JOB CREATION TAX CREDIT PRIORITY FUNDING AREA Stephen Goodrich, Director, Planning and Zoning, and Kassie Lewis, Director, Department of Business Development, recommended designation of a Priority Funding Area (PFA) that is concurrent with the County's Urban Growth Area as the PFA where the reduced job creation threshold of Maryland's Job Creation Tax Credit Program will be applicable. He advised that the State of Maryland offers businesses income tax credits as an incentive for the creation of new jobs during an expansion in Maryland or a relocation to Maryland. These job creation tax credits are available if the business creates 60 new jobs in a two- year period. In a designated PFA, the job creation threshold is reduced to 25 new jobs. A local jurisdiction must designate a specific PFA as the target for the reduced job creation threshold and only one PFA in the jurisdiction can receive this designation. The County Urban Growth Area PFA contains the municipalities of Hagerstown, Williamsport, and Funkstown and surrounding areas of the County where urban development exists or is encouraged. The tax credit for the business is equal to 2.5% of the total wages of the new jobs created up to $1000 per job, not to exceed a total of $1 million. There will be fiscal benefits to Washington County as a result of the new jobs created that provide additional business and personal income tax revenues. The Commissioners discussed the decreased job creation requirements that would allow existing businesses to expand and new businesses to locate in the County. Commissioner Wivell questioned the PFA and incorporated municipalities that are separate from the _j January 27, 2015 -t Page 7 County's PFA. Mr. Goodrich indicated that they are not undermined from this designation, as they are already a designated PFA through another avenue. Commissioner Myers requested additional information from staff on programs and tax credits available to small businesses. Commissioner Cline, seconded by Myers, moved to designate the Priority Funding Area (PFA) that is concurrent with the County's Urban Growth Area as the PFA where the reduced job creation threshold of Maryland's Job Creation Tax Credit Program will be applicable. The motion passed unanimously. Commissioner Baker reminded all of this evening's public meeting being held by the National Parks Service concerning proposed fees to be charged for use of the C&O Canal Park. ADJOURNMENT Commissioner Barr, seconded by Wivell, moved to adjourn at 4:35 p.m. The motion passed unanimously. Gregory B.�Murray, C unty Administrator John M. Martirano, County orney Vicki C. Lumm, County Clerk