October 28, 2008 Hagerstown, Maryland

October 28, 2008 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 8:30 a.m. by President John F. Barr with the following members present: Vice President Terry L. Baker, and Commissioners Kristin B. Aleshire, and James F. Kercheval. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Commissioner Barr followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES OCTOBER 21, 2008 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of October 21, 2008 as amended. Unanimously approved. COMMISSIONERS REPORTS AND COMMENTS Commissioner Kercheval stated that he attended the Academic Excellence in Higher Education Awards ceremony and the ribbon-cutting ceremony for the Cinetic Landis Corporation. He reported on meetings of the Downtown Task Force and the Emergency Services Council. Commissioner Kercheval informed the Commissioners that he was recently appointed to the Governor s Business Tax Study Commission as a representative of the Maryland Association of Counties (MACo). Commissioner Aleshire thanked staff for assisting with the bus trip for veterans to visit the World War II Memorial in Washington, D.C. He stated that he attended a meeting of the Washington County Dental Society to hear its concerns. Commissioner Aleshire stated that he compiled a comprehensive report regarding parking in the City of Hagerstown when he served on the City Council and indicated that the Downtown Task Force may be able to utilize the information. He stated that he had received several e- mails from residents regarding the final determination of several rezoning cases. John Martirano, County Attorney, provided an update on the status of the cases. Commissioner Barr thanked the Commissioners for covering events while he was out of town. He stated that he received notification from Allegheny Power that the PATH

project is no longer being considered for Washington, Jefferson, or Morgan Counties. PARTNER COMMUNITY INITIATIVE Christopher Motz, President of Kaplan College, and Larry Glenn, Director of Workforce Development at Kaplan College, appeared before the Commissioners regarding the Partner Community Initiative. Mr. Glenn explained that the initiative is similar in concept to the Sister City program and asked that the County consider entering into a Partner Community relationship with Jinhua, China. He indicated that Jinhua has already established a partnership with Kaplan College. He provided information on Jinhua and the ways that it is similar to Washington County. Mr. Glenn stated that the partnership could facilitate economic development, cultural, and educational opportunities. Greg Murray, County Administrator, provided additional information on similar relationships that the State of Maryland and other counties in Maryland have entered into with China and the opportunities it brings for economic development. The meeting was opened for questions and discussion. The Commissioners agreed to take the request under consideration at this time. BID AWARD CENTRAL BOOKING FACILITY WASHINGTON COUNTY DETENTION CENTER Motion made by Commissioner Kercheval, seconded by Aleshire, to award the bid for construction of the Central Booking Facility to Morgan-Keller, Inc., which submitted the lowest responsible, responsive bid of $2,824,000. Unanimously approved. URBAN GROWTH AREA ADVISORY COMMITTEE REPORT Richard Phoebus, Chair of the Urban Growth Area (UGA) Advisory Committee, informed the Commissioners that the Urban Growth Area Advisory Committee has finalized its report and recommendations related to the comprehensive rezoning of the Urban Growth Area. Mr. Phoebus introduced members of the Committee who were in attendance and thanked County staff for their hard work and input on the project. He reviewed the six tasks that were

OCTOBER 28, 2008 PAGE TWO assigned to the Committee and stated that Task 6 regarding the recommendations on the assignment of zoning districts to properties in the growth area will require additional study and discussion. He stated that the Committee is providing its conclusions on the first five tasks because the Commissioners input and response may have bearing on the growth and zoning changes in Task 6. (Commissioner Wivell arrived at 9:40 a.m.) Mr. Phoebus reviewed the executive summary. Mike Armel, Chair of the Incentives Subcommittee, summarized the key points outlined in the subcommittee s report which includes incentives for the following - mixed use zoning, allowing structures of greater height, allowing increased densities of development to include PUDs, engendering timely responses from non-county agencies, bringing the Fire Marshall under County government jurisdiction, having EDUs available for water and wastewater services, encouraging developers to follow the recommendations set forth in the Comprehensive Plan, workforce housing, utilizing sustainable development techniques, and establishing fiscal incentives for re-use or redevelopment of underutilized properties with existing infrastructure. He indicated that incentives should be considered to encourage developers to link greenways/parkways throughout the UGA to promote pedestrian and bike traffic through and/or between cultural historic and park sites. Linda Irvin-Craig, Chair of the Housing Subcommittee, stated that members reviewed obstacles to having workforce housing built. She indicated that the subcommittee had examined the report of the Workforce Housing Taskforce and is recommending that the County create and adopt inclusionary zoning (require large developments to dedicate a percentage of development to workforce housing), and amending the excise tax legislation to encourage workforce housing. Ms. Irvin-Craig indicated that the subcommittee is recommending that individuals qualifying for workforce housing be required to complete a program taught by a Certified Housing Counselor. She stated that the subcommittee also noted the need for senior housing in the future.

Mr. Phoebus and Jerry Ditto reviewed the highlights of the TDR Subcommittee s recommendation. Mr. Phoebus stated that the Committee reviewed White & Smith s report on TDRs and is recommending that the County adopt a TDR Program to help preserve rural lands and focus development in the UGA. He noted that the elephant in the room is the sewer capacity issue and stated that a developer must be assured of the ability to obtain sewer service before agreeing to participate. The Committee recommended that agricultural use be grandfathered into the plan. The meeting was opened for questions, which centered on TDRs and sewer capacity. The Commissioners thanked the Advisory Committee for the report and agreed to hold a joint workshop to discuss it in detail when Task #6 is completed. CITIZENS PARTICIPATION Monda Sagalkin thanked the members of the Urban Growth Area Advisory Committee for their hard work. Jerome Martin had questions regarding how the zoning in the Urban Growth Area would affect the decision for TDRs. COUNTY ADMINISTRATOR S COMMENTS Greg Murray, County Administrator, reported on topics discussed at the Fall County Administrator s Conference that was sponsored by the Maryland Association of Counties. REPORTS FROM COUNTY STAFF William Sonnik, Director of Human Resources, asked for authorization to advertise to fill a Maintenance Equipment Operator II (Grade 7) vacancy at the Highway Department.

OCTOBER 28, 2008 PAGE THREE Motion made by Commissioner Aleshire, seconded by Baker, to approve the request to advertise to fill a Maintenance Equipment Operator II vacancy in the Highway Department. Unanimously approved. 2008 SALARY STUDY COMMISSION Andrew Wilkinson, Assistant County Attorney, outlined the task of the 2008 Salary Study Commission and introduced Monda Sagalkin, Chair. Ms. Sagalkin reviewed membership of the 2008 Salary Study Commission, introduced members in attendance, and thanked County staff for their assistance. Ms. Sagalkin explained that the Commission studied the salaries of the Board of Education, Orphans Court judges, Sheriff, State s Attorney, Treasurer, Board of Supervisors of Elections, including substitute members, and Board of Liquor License Commissioners. The recommendations of the Salary Study Commission will be considered by the County Commissioners when it makes its recommendations to the Washington County Delegation relating to potential salary changes for these various elected positions. Ms. Sagalkin noted that these changes if approved would take affect in 2010. The Salary Study Review Commission made the following recommendations: 1) County Commissioners The Committee recommended an increase from $30,000 to $38,000 in the current member salaries and an increase the current President s salary from $33,000 to $41,000. This represents an approximate 3% annual increase since 2002. 2) Board of Education An increase in salary from the current member salary of $5,500 to $6,100 and the current President s salary from $5,600 to $6,200 is being recommended. 3) Orphans Court Judges The present salary and benefits were deemed to be sufficient and no increase is recommended at this time. 4) Sheriff An increase in salary from $80,000 to $96,000 is recommended. The Salary Study Commission also felt that the Sheriff s salary should be comparable to the employees he oversees and equivalent with surrounding jurisdictions. 5) State s Attorney The Committee felt that the current salary is appropriate and consistent with other jurisdictions. No increase is being recommended at this time. 6) Treasurer No increase is recommended at this time. 7) Board of Election Supervisors No increase is being recommended at this time. 8) Board

of Liquor License Commissioners No increase is recommended at this time. The recommendations were discussed during the presentation. The Commissioners expressed concerns with the process as outlined in the legislation, which requires that the Commissioners make a recommendation to the local delegation regarding the various salaries studied by the Salary Study Commission, including the salary of the County Commissioners. The Commissioners thanked the Committee members for their service. RECESS LUNCHEON AND GROUNDBREAKING NEW FEDERAL EXPRESS FREIGHT TERMINAL The Commissioners recessed at 11:17 a.m. for a luncheon and groundbreaking ceremony at the new Federal Express Freight Terminal located at 16114 Transportation Circle. AFTERNOON SESSION The afternoon session was called to order at 1:36 p.m. by Vice President Terry L. Baker with the following members present: Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. FY 2010 ANNUAL TRANSPORTATION GRANT FUNDING APPLICATION Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the resolution authorizing Washington County Transit to file an application to the Maryland Transit Administration for Federal and State operational and capital grant funding through the Annual Transportation Improvement Plan for grant funding for the following programs: Section 5307 Public Transportation Program-Fixed Route, the Statewide Special Transportation Assistance Program (SSTAP) Ride Assist/Taxi Vouchers, the Americans with Disabilities (ADA) Paratransit Program, the Rural and Community Based Services Program JOBS Shuttle, and the Section 5303/5304 Planning Assistance Program Transportation Development Plan

OCTOBER 28, 2008 PAGE FOUR and the Capital Assistance, for fiscal year 2010 as presented, and to approve the local match required for the grants and for ten percent of approved capital procurements. Unanimously approved. LEED CERTIFICATION - PRESENTATION BY ATTUNE DEVELOPMENT CONSULTANTS David and Corinne Cheairs of Attune Development Consultants met with the Commissioners to provide information on the LEED certification program. Ms. Cheairs provided background information on LEED certification and the process to become certified. She stated that LEED is the U.S. Green Building Council s Leadership in Energy and Environmental Design program for designing, constructing, operating and certifying green buildings. Ms. Cheairs explained that certain criteria must be met under five basic sections to become LEED certified under a voluntary, consensus-based rating system. Point levels indicate whether a building is considered certified silver, gold, or platinum. Mrs. Cheairs reviewed the percentages of savings in energy consumption and water use that can be realized by having a LEED certified building. The meeting was opened for questions. The Commissioners thanked them for the presentation. AMENDMENT TO HAGERSTOWN REGIONAL AIRPORT PRIMARY GUIDING DOCUMENTS Carolyn Motz, Director of the Hagerstown Regional Airport, and Greg Larsen, Business Development Manager for the Hagerstown Regional Airport, asked the Commissioners to adopt the Commercial Service Development Policy and to amend the Airport s Primary Guiding Documents to include this new policy. Ms. Motz stated the Commercial Service Development Policy outlines the concessions that the County may make to a qualifying airline operator as an incentive to encourage incumbent airlines to add seats to non-stop destinations being served by the incumbent airline and to encourage incumbent and new airlines to enter the Hagerstown Regional Airport market with services to new cities. The Commissioners asked that the verbiage be modified regarding non-stop flights to indicate that they are preferred but not required in order to consider incentives. The meeting was opened for public comment and input by operators, lessees, consumers, users, and the

community as required by Section 1.13.4 of the Primary Guiding Documents. There was no one present who wished to comment. (Commissioner Barr arrived at 2:11 p.m. and assumed the Chair.) Motion made by Commissioner Kercheval, seconded by Wivell, to approve a resolution adopting the Commercial Service Development Policy with the revisions discussed and amending the Hagerstown Regional Airport Primary Guiding Documents as recommended by staff including the revisions proposed by the Commissioners. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Baker, to convene in closed session at 2:17 p.m. to discuss the appointment, employment, and/or assignment of appointees, employees, or officials over whom it has jurisdiction and to discuss 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. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Wivell, seconded by Baker, to reconvene in open session at 2:41 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, and/or assignment of appointees, employees, or officials over whom it has jurisdiction and discussed personnel matters that affect one or more specific individuals. Present during closed session were Commissioners John F. Barr, Kristin B. Aleshire, James F. Kercheval, Terry L. Baker and William J. Wivell. Also present at various times were Gregory Murray, County Administrator; John Martirano, County Attorney; and Joni Bittner, County Clerk.

OCTOBER 28, 2008 PAGE FIVE ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Kercheval, to adjourn at 2:41 p.m. County Administrator County Attorney County Clerk