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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 Page 2 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 Page 3 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 October 21, 2014 Page 4 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 Page 5 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 Page 6 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 Page 7 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