HomeMy WebLinkAbout10.21.2014 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
October 21, 2014
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. in the County
Administration Building located at 100 West Washington Street, Room 227, Hagerstown,
with the following members present: Vice President John F. Barr and Commissioners Ruth
Anne Callaham, Jeffrey A. Cline, and William B. McKinley.
APPROVAL OF MINUTES — SEPTEMBER 30, 2014 AND OCTOBER 14, 2014
Commissioner Barr, seconded by McKinley, moved to approve the minutes of September
30, 2014 and October 14, 2014. The motion passed unanimously.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Cline reported attending the grand opening of Cumberland Truck Parts in
Hagerstown. He and his fellow Commissioners attended the Maryland Department of
Transportation (MDOT) annual meeting to discuss transportation priorities in the County.
Mr. Cline attended a Chamber of Commerce mixer held at Leitersburg Cinemas. He
thanked volunteers of the Rural Heritage Museum for sponsoring the Agricultural
Education Center Heritage Festival. Commissioner Cline congratulated St. Mark's
Lutheran Church on its 125th anniversary celebration.
Commissioner Callaham discussed the MDOT meeting and commented that the City of
Hagerstown and local Delegation were firm in their request to widen Interstate 81. She
attended the 18th Joint Reunion dinner sponsored by Dr. Ralph Salvagno. Ms. Callaham
reported on a Black Rock Golf Board meeting. Assistant County Administrator Sarah
Sprecher provided information on efforts being made to increase the golf course's
exposure. She advised that Public Relations staff is working with other Maryland counties
to establish a "Golf Trail" in the State. Ms. Callaham reported meeting with the Chamber
of Commerce's new Executive Director Paul Frey.
Commissioner Barr commented that Allegiant air service to Florida would resume next
week at the Hagerstown Regional Airport.
Commissioner McKinley attended the 100th birthday celebration for former local educator
Joe Scott.
Commissioner Baker reported attending a Washington County Volunteer Fire and Rescue
Association (WCVFRA) meeting and Joe Scott's birthday celebration. Mr. Baker
presented a certificate to the Rohrersville Ruritan Club on its 65th anniversary.
October 21, 2014
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OTHER BUSINESS
Countv Administrator
Greg Murray referenced the business update to be presented later in the meeting and
indicated that more updates are scheduled for next week's meeting. He discussed the
successful marketing efforts between the County and local organizations and commented
that the County's new professional Public Relations Department was organized at an
overall cost savings and has been very successful in its efforts.
CITIZENS PARTICIPATION
No citizens were present who wished to participate.
PROCLAMATION - DISABILITIES AWARENESS MONTH
The Commissioners presented a proclamation to Peggy Martin, Chair, Disabilities
Advisory Committee, and Stephanie Stone, Director, Health and Human Services, in
recognition of Disabilities Awareness Month observed in October. Ms. Martin stated that
next year is the 25th Anniversary of the Americans with Disabilities Act. She advised of a
Disabilities Awareness Fair to be held on October 27 at Meritus Medical Center. The
Commissioners thanked her and committee members for their work regarding disability
issues in the community.
WEAVER CONSERVATION RESERVE ENHANCEMENT PROGRAM
EASEMENT PROPOSAL
Eric Seifarth, Rural Preservation Administrator, Planning and Zoning, recommended
approval of the Weaver Conservation Reserve Enhancement Program (CREP) Project of
$91,888.52. The 28.6 total easement acres owned by James E. Weaver are situate near St.
James. Mr. Seifarth advised that since 2010, Washington County has been funded to
purchase CREP easements on 315 acres of land. CREP funds are 100% State -paid and
derived mainly from Program Open Space funds. The program serves to protect water
quality by removing marginal agricultural land from production and replacing it with best
management practices.
Commissioner Callaham, seconded by McKinley, moved to approve the Weaver
Conservation Reserve Enhancement Program Project of $91,888.52 as presented, adopt an
ordinance approving the purchase of the easement, and authorize the execution of all such
documents as may be required to effectuate the purchase. The motion passed unanimously.
(Ordinance No. ORD -2014-19 is located in the County Commissioners' Office.)
INTERGOVERNMENTAL COOPERATIVE PURCHASE AND CONTRACT
AWARD — PROFESSIONAL BOULEVARD BRIDGE AND EXTENSION
Karen Luther, Director of Purchasing, and Rob Slocum, Director of Engineering and
Construction Management, recommended the Commissioners authorize by Resolution an
Intergovernmental Cooperative Purchase of Planning and Engineering Services for Design
and Contract Documents for the Professional Boulevard Bridge and Extension (PUR-1256)
to the responsive, responsible firm, Rummel, Klepper & Kahl, LLP (RK&K) of Baltimore,
Maryland for a total lump sum fee of $1,118,965.15, by utilizing the State Highway
October 21, 2014
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Administration (SHA) Bridge Design Services Statewide Contract, contingent upon
approval by the Maryland State Highway Administration (SHA). Ms. Luther discussed the
bidding process and the County's "piggy -backing" on the SHA Statewide contract. Mr.
Slocum described the five -phase project that will extend Professional Court including a
bridge over the Antietam Creek and a roadway extension to Yale Drive Extended. The
Maryland Department of Transportation is providing $1.12 million for the design of the
bridge, which requires SHA approval. Mr. Slocum discussed future budget planning and
involved partners for the bridge and Professional Boulevard Extension that should cut five
to ten minutes off commute times from Eastern Boulevard to Hagerstown Community
College. The Commissioners discussed the project that is expected to begin in November
2014.
Commissioner Barr, seconded by McKinley, moved to award and authorize by resolution,
the Intergovernmental Cooperative Purchase/Award of the planning and engineering
services contract for the design and contract documents of Professional Boulevard Bridge
and Extension to the responsive, responsible firm, Rummel, Klepper & Kahl, LLP
(RK&K) of Baltimore, Maryland, for a total lump sum fee of $1,118,965.15 by utilizing
the State Highway Administration Bridge Design Services Statewide Contract, contingent
upon approval by the Maryland State Highway Administration. The motion passed
unanimously. (Resolution No. FS -2014-18 is located in the County Commissioners'
Office.)
RESOLUTION — ADMINISTRATIVE CHANGES TO RETIREE HEALTH PLAN
TRUST AGREEMENT
Stephanie Stone, Director, Health and Human Services, and Debra Murray, Chief Financial
Officer, recommended approval of a Resolution regarding Administrative Changes to the
Retiree Health Plan Trust Agreement for Washington County, Maryland. Ms. Stone
advised that Washington County established the Retiree Health Plan Trust on April 1, 2008
and PNC Bank was the interim trustee. PNC Bank was awarded the contract for
Investment Services on February 25, 2014. M&T Bank is currently the custodian for the
County's Defined Retirement Plan and LOSAP funds. The Resolution removes PNC Bank
as the current custodian and appoints M&T Bank as Directed Trustee and Custodian, and
authorizes and directs PNC Bank to transfer the assets of the trust to M&T, the successor
custodian. The process will eliminate any potential conflict of interest between investment
advisors and custodians of funds. The Commissioners discussed the proposal.
Commissioner McKinley, seconded by Barr, moved to adopt the Resolution regarding
Administrative Changes to the Retiree Health Plan Trust Agreement for Washington
County, Maryland as presented. The motion passed unanimously. (Resolution No. RS -
2014 -19 is located in the County Commissioners' Office.)
UPDATE FROM DEPARTMENT OF BUSINESS DEVELOPMENT
Kathleen "Kassie" Lewis, Director, Department of Business Development, reported on
various business relationship -building and economic development endeavors undertaken
since she assumed the Director's position. She discussed innovative ideas to engage the
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current business community in promoting Washington County and to interest other
businesses in locating to the County. Ms. Lewis indicated that she has met with the
municipalities, Chamber of Commerce, Maryland Municipal League, CHIEF, Hagerstown
Community College, and the Hagerstown -Washington County Convention and Visitors
Bureau (CVB) to discuss economic development. She described the "Love My Business"
campaign that involved the mailing of 7,000 cling -type logos to businesses for display and
the chance to receive prizes from a County prize patrol next week. Ms. Lewis advised of
plans to rebuild the County's agricultural advisory committee. She also discussed a
company recognition program, a program to welcome newly licensed businesses, and one
targeted at encouraging budding entrepreneurs to launch their business idea. In partnership
with the CVB, a representative from the Maryland Department of Economic Development
is planning to visit the municipalities and document attractions that would encourage film
production crews to film locally. Assistant County Administrator Sarah Sprecher discussed
workforce marketing development efforts being developed in meetings of the Economic
Development Commission. The Commissioners discussed the information presented and
expressed their support of the innovative and energetic programs to enhance economic
development in Washington County.
RECESS
The Commissioners recessed at 11:50 a.m.
AFTERNOON SESSION
President Terry L. Baker called the afternoon session to order at 1:35 p.m. with the
following members present: Commissioners John F. Barr, Ruth Anne Callaham, Jeffrey A.
Cline, and William B. McKinley.
PUBLIC HEARING — PROPOSED AMENDMENT TO THE FOREST
CONSERVATION ORDINANCE TO ADD FOREST BANKING (FCO -14-0011
President Baker convened a Public Hearing at 1:35 p.m. to obtain public comment on
proposed amendment FCO -14-001 to the Washington County Forest Conservation
Ordinance (FCO). Stephen Goodrich, Director, Planning and Zoning, presented the Staff
Report and Analysis of the proposal to amend the FCO to add forest banking as an
alternative mitigation device, which was directed to be brought forth by the County
Commissioners. He described the forest banking process whereby private property owners
could place restrictive easements on newly -planted or existing forests. The property
owners are then able to sell credits from their "bank" to developers who need them to meet
mitigation requirements to receive development approval. The proposed text amendment
contains new definitions (Article 2), revisions and additions to the sequence of preferred
mitigation techniques to include banking and the amount of credit available from the bank
(Article 10), the guidelines to be followed to establish a mitigation bank and the
procedures to obtain and apply new credits (new Article 20) and prohibition against the use
of a mitigation bank in violation of the Forest Conservation Ordinance or the banking
agreement.
October 21, 2014
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Stephen Goodrich indicated that the cost of mitigation credits would be strictly between
the banker and developer; the Ordinance does not address that issue and the County is not
involved. He discussed multiple benefits including additional forest cover that would likely
be created in areas where they are most needed. Mr. Goodrich advised that the Maryland
Department of Natural Resources informed the County after the document was published
that the State's definition of banking does not include easements on existing forests, which
is contained in the County's FCO. Offsite preservation is still an allowable form of
mitigation but is not included in the definition of banking. Fred Nugent, Parks and
Environmental Planner, Planning and Zoning, discussed the banking process and the
proper documentation that will be necessary to set up banked land, including real estate
documents, a planting plan, and a forest bond.
The hearing was opened for public comment.
Barry Miller, Safety, Environmental, and Quality Manager for Redland Brick, Inc., spoke
in favor of the proposed amendment to allow land banking but recommended that property
owners be provided an option to extinguish agreements for certain reasons. He also
suggested the County maintain a list of those lands in banking agreements, which can be
provided to those who need banked acreage.
Fred Frederick, Frederick, Seibert & Associates, encouraged approval of the proposed
amendment to the FCO.
The Public Hearing was closed at 2:14 p.m.
The meeting was opened for discussion by the Commissioners. Commissioner McKinley
suggested that the Commissioners consider amending the proposal to allow for the removal
of banked land under certain circumstances. It was the Commissioners' consensus to direct
staff to develop possible language to allow for such extinguishment and to discuss the
matter at a future meeting.
TOURIST AREA AND CORRIDOR SIGNING PROGRAM IN WASHINGTON
COUNTY
Robert Firth, President, Informing Design, and Brian Grandizio, Project Manager, FK&K,
provided an overview of a Tourist Area and Corridor (TAC) signing program that is free
for participants. Mr. Grandizio indicated that the program provides supplemental signing
for non -retail tourist attractions that draw visitors from outside the area and provide
recreational, historical, or cultural activities to the public. The State Highway
Administration (SHA) funding covers design and initial implementation of the program
and maintenance along State roads is SHA's responsibility. Maintenance along local roads
is a joint effort between the local jurisdiction or County and SHA. The Commissioners
discussed the program.
Commissioner McKinley, seconded by Barr, moved to approve a preliminary endorsement
of the TAC signing program's goals, consensus building and the collaborative maintenance
efforts along County -maintained roads. The motion passed unanimously.
October 21, 2014
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CONVENE IN CLOSED SESSION
County Attorney John Martirano informed the Commissioners that an additional item was
added to closed session after the agenda was published. The reason for that item to be
discussed in closed session is "To discuss the appointment, employment, assignment,
promotion, discipline, demotion, compensation, removal, resignation and/or performance
evaluation of appointees, employees, or officials over whom this public body has
jurisdiction; or any other personnel matter that affects one or more specific individuals."
Commissioner Barr, seconded by McKinley, moved to convene in closed session at
2:50 p.m. to discuss the appointment, employment, assignment, promotion, discipline,
demotion, compensation, removal, resignation and/or performance evaluation of
appointees, employees, or officials over whom this public body has jurisdiction, or 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 10-508(a) (1) (4) and (7) of the State Government Article of the
Code of Maryland. The motion passed unanimously.
In closed session, the Commissioners received an update from staff regarding a business
entity's plans to locate/expand its operations in the County; discussed specific legal issues
with staff and counsel; and discussed several personnel matters (recommendations for
hiring) with staff.
During closed session, the Commissioners briefly discussed the plans of a business entity
to expand/locate its business operations in the County; provided direction to staff and
counsel relating to issues raised by staff and counsel; and instructed staff to bring for the
employment recommendations for further discussion and consideration in a future open
session meeting.
Present during closed session were Commissioners Terry L. Baker, John F. Barr, Ruth
Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Also present were Gregory
Murray, County Administrator; Sarah Sprecher, Assistant County Administrator; Vicki
Lumm, County Clerk; John Martirano, County Attorney; and at various times Kendall
McPeak, Assistant County Attorney, Kathleen "Kassie" Lewis, Director, and Bob
Mandley, Business Development Specialist, Department of Business Development.
RECONVENE IN OPEN SESSION
Commissioner Barr, seconded by McKinley, moved to reconvene in open session at 3:30
p.m. The motion passed unanimously.
October 21, 2014
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ADJOURNMENT
Commissioner Barr, seconded by McKinley moved to adjourn at 3:30 p.m. The motion
passed unanimously.
Gregory B. urray, County Administrator
John M. Martirano, County
Vicki C. Lumm, County Clerk