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HomeMy WebLinkAbout180821 BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND Open Session Minutes August 21, 2018 INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner John F. 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 8:05 a.m. at 100 West Washington Street, Room 1113, Hagerstown, Maryland, with the following members present: Vice President Jeffrey A. Cline and Commissioners John F. Barr, Wayne K. Keefer and LeRoy E. Myers, Jr. CONVENE IN CLOSED SESSION Commissioner Barr, seconded by Commissioner Cline, moved to convene in closed session at 8:06 a.m. to discuss 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 3-305(b)(4) and (7) of the General Provisions Article of the Annotated Code of Maryland. The motion passed 3-2 with President Baker and Commissioner Keefer voting “NAY”. In closed session, the Commissioners discussed specific issues relating to a proposal from a business entity hoping to locate in the County. During closed session, the Commissioners provided direction to staff regarding a proposal by a company hoping to locate in the County. Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline, John F. Barr, Wayne K. Keefer, and LeRoy E. Myers Jr. Also present were Robert J. Slocum, County Administrator; Krista L. Hart, County Clerk; John M. Martirano, County Attorney, and at various times Jim Sterling, Director, Division of Public Works and Sara Greaves, Chief Financial Officer; Scott Hobbs, Director, Engineering & Construction Management; and Todd Moser, Real Property Administrator. RECONVENE IN OPEN SESSION Commissioner Cline, seconded by Commissioner Keefer, moved to reconvene in open session at 9:19 a.m. The motion passed unanimously. COUNTER PROPOSAL TO PURCHASE THE REMAINING LANDS OF CASCADE TOWN CENTRE Jim Sterling, Director of Public Works, requested a consensus from the Commissioners to proceed with the most recent proposal of terms and conditions of the potential sale of for the remaining lands of Cascade Town Centre. Representatives of JG Business Link International (JGBLI) were invited to join the conversation; in attendance were Wonro Lee, CEO, JGBLI; Gun Seon Lee, Chairman, JGBLI; Joe Lee, President, Washington Realty Management, and Greg Murray, Washington Realty Management. Page 2 of 2 Open Session, August 21, 2018 President Baker asked Mr. Lee to elaborate on any concerns the potential buyer may have with regard to the revised Agreement of Sale of Real Property, as presented by County staff. Mr. Wonro Lee stated that there are concerns with several modifications to the proposal, including an issue with providing utilities to the Fort Ritchie Community Center, the easement with the Maryland Historical Trust (MHT), and the property where the cell tower is located. Staff discussed the concern regarding the cell tower property ownership and stated that the County may be amenable to a co-location agreement. Greg Murray discussed the MHT historic easement issue stating that the buyer needs to be confident that if the easement is not conveyed by the County to MHT before the property conveyance to the buyer that the County will continue to cooperate with the buyer and MHT in regard to the historic easement. John Martirano, County Attorney, stated that if the easement is not conveyed to MHT before the property is conveyed to the buyer the County will provide assistances to the buyer as needed with the MHT easement process. Mr. Lee discussed also mentioned the issue of the buyer assuming full liability for utility infrastructure and maintenance after the conveyance. Mr. Slocum confirmed that the language, “Infrastructure may be conveyed by the Buyer and accepted by the Seller in accordance with the generally applicable policies governing the County’s acceptance of infrastructure” is clear within the most recent proposal. Mr. Lee further stated that the buyer has requested that an indemnification clause be included in the terms of the proposal. Mr. Martirano stated that the County is unable to pledge its full faith and credit as to an unknown issue. Mr. Slocum stated that there is language in the proposed agreement which references catastrophic damage; however, Mr. Murray stated he would be more concerned with potential lawsuits which may delay closing. Mr. Lee also requested good faith language relating to the current zoning of the property as well as the Tax Increment Financing Resolution (TIF) which is in place until 2022. ADJOURNMENT Commissioner Barr, seconded by Commissioner Cline, moved to adjourn at 10:11 a.m. The motion passed unanimously. ___________________________________ Robert J. Slocum, County Administrator ___________________________________ John Martirano, County Attorney _______________________________ Krista L. Hart, County Clerk