Loading...
HomeMy WebLinkAbout091117 November 17, 2009 Hagerstown, Maryland GROUNDBREAKING CEREMONY AT EASTERN PRIMARY SCHOOL The Board of County Commissioners attended the groundbreaking for the future Eastern Primary School at 9:30 a.m., at Yale Drive in Hagerstown, with elected Board of Education members and Washington County Public School officials. CALL TO ORDER The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 11:02 a.m. in the County Commissioners’ Meeting Room 226 by President John F. Barr with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, and James F. Kercheval. (Commissioner William J. Wivell was absent from the morning session.) 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 – November 3, 2009 and November 10, 2009 Motion made by Commissioner Kercheval, seconded by Baker, to approve the minutes of November 3, 2009 as submitted. Unanimously approved. Commissioner Kercheval requested an addition to the November 10 minutes under his Commissioner Comments. County Clerk Vicki Lumm also noted that Commissioner Baker’s affirmative vote for the Tax Setoff method, while sitting as Chair, would be added to the minutes. Motion made by Commissioner Kercheval, seconded by Baker, to approve the minutes of November 10, 2009 with the incorporated changes. The motion passed with Commissioners Kercheval, Baker and Aleshire voting “AYE” and Commissioner Barr “ABSTAINING”. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Baker apologized for arriving late at the Emergency Medical Services meeting held last Thursday evening and expressed his displeasure that it was held while Mr. Barr was out of town. Commissioner Kercheval stated that he attended the Tri- County Council quarterly meeting and mentioned that its clean financial audit was announced. He learned that it has received requests for revolving loan funds from Washington County businesses for operating money but it cannot address that type of loan – which shows that the market is still very tight. Commissioner Kercheval mentioned that representatives from the Department of Planning stated that the ARC-funded grant should be approved next week for the GIS program managed by GIS Manager Bud Gudmundson. He noted that the Council is experiencing the problem of federal allocations for operating funds. Commissioner Kercheval attended the Black Rock Golf Board meeting reporting that October’s sales were down but the mild November weather may make up the difference. He stated that the Planning Commission is continuing to hold workshops on the Urban Growth Area rezoning work and will be presenting suggested changes to the Commissioners in the future. Commissioner Kercheval reported attending the bi-weekly meeting of the Governor’s Task Force on Business Tax Reform Commission and requested that if fellow Commissioners hear comments from the business community that Maryland’s incentive programs need revamping to inform him. He offered to loan an informative folder he received from the Department of Business and Economic Development (DBED) regarding incentive tax programs offered in Maryland to anyone interested. Commissioner Aleshire reported that he attended the Emergency Medical Services meeting and noted that it was well attended by parties who have a vested interest in the issue. He felt that even though issues and concerns were voiced, a sense of clarity is still lacking on what the Association is supporting. Commissioner Aleshire mentioned that he attended the Greater Washington County Leadership Prayer Breakfast held last week. He also was present at the EDC Board meeting where the City of Hagerstown was well represented and discussed economic development November 17, 2009 Page two opportunities in the City. He reported that he attended the Veterans’ Day Services held at the County Courthouse. Commissioner Barr requested that a Commissioner be available on January 8 to participate in a panel discussion on Local Government by the current Leadership Washington County class, since he will be attending the Winter MACo Conference at that time. Mr. Barr noted that he had just returned from a County business trip to China with representatives from Kaplan University. He traveled throughout China for ten days, four with Kaplan University President Chris Motz and Director Larry Glenn, visiting several educational facilities that have ongoing mutual agreements with the University. He also reported meeting with the Mayor of Jinhua and discussed a possible sister relationship with the province and Washington County. President Barr stated that he invited Jinhua’s mayor to visit Washington County next year as his guest. He noted that a joint press release is being prepared with Kaplan University regarding the trip. County Administrator Greg Murray mentioned that one Chinese province had a 5 percent economic increase while the rest of the world was in an economic slump. He also noted that Montgomery County has a relationship with a neighboring Chinese province and is partnering in a bio-tech research facility. Mr. Murray stated that Jinhua’s topography is very similar to Washington County’s but it has 4.5 million residents. BID AWARD (PUR-1115) – FINANCIAL ADVISOR SERVICES Karen Luther, Purchasing Agent and Debra Murray, Finance Director, recommended awarding the contract for Financial Advisor Services (PUR-1115) to Public Advisory Consultants, Inc. of Owings Mills, Maryland. The total proposal value is $50,000.00 (5 years at an annual cost of $10,000.00) plus out-of-pocket expenses related to bond issues); and the hourly rates for each employee classification to be used for any requested extra work, as follows: Managing Director $170.00 per hour; Senior Consultant $160.00 per hour; Consultant $140.00 per hour; Associate $125.00 per hour; and Analyst $95.00 per hour. Ms. Luther explained that the initial term of the contract is for one (1) year, tentatively to have commenced on November 1, 2009 and ending October 31, 2010, with an option to renew for up to four (4) consecutive one (1) year periods thereafter. She stated that the rates quoted are the same as the previous 5-year contract awarded in 2004 to the same firm. In response to Mr. Baker’s question regarding past costs incurred, Ms. Luther answered that additional costs were approximately $221,243.19 over five years. Motion made by Commissioner Baker, seconded by Kercheval, to award the contract for Financial Advisor Services (PUR- 1115) to Public Advisory Consultants, Inc. of Owings Mills, Maryland, for the total proposed value of $50,000.00, that is five years at an annual cost of $10,000.00, plus out of pocket expenses related to bond issues, at the hourly rates of: Managing Director $170.00 per hour; Senior Consultant $160.00 per hour; Consultant $140.00 per hour; Associate $125.00 per hour; and Analyst $95.00 per hour. Unanimously approved. OTHER BUSINESS County Administrator Greg Murray mentioned that the Commissioners would meet at 4:00 p.m. today with the City of Hagerstown Mayor and Council at City Hall, and then would attend a 6:00 p.m. meeting with MACO representatives. He noted that there would be no County Commissioners' meeting next week due to the Thanksgiving holiday and that the next meeting would be held the first week in December. BID AWARD (PUR-1116) - SWIMMING POOL AND WATER/WASTEWATER TREATMENT CHEMICALS Rick Curry, Purchasing Department Buyer, recommended awarding the bids for Swimming Pool and Water/Wastewater Treatment Chemicals (PUR-1116) for each specified product below, to the responsive, responsible bidders with the lowest bid: Item #10 – Sodium Hypochlorite (12,000 gals.) to George S. Coyne at the unit price of $1.24 (Gallon Bulk); Item #12 – Hydrated November 17, 2009 Page three Lime (110 tons) to Carmeuse Lime Inc. at the unit price of $146.29 (Ton); Item #14 – Sodium Hypochlorite (105 drums) to Univar, Inc. at the unit price of $1.99/gal. (55-gallon drums); Item # 15 – Granular Activated Carbon (5,600 lbs.) to George S. Coyne at the unit price of $3.15/lb. (50 lb. bag); Item #16 – Soda Ash. Light (10,000 lbs.) to Univar, Inc. at the unit price of $0.319/lb. (50 lb. bag); Item #18 – Liquid Aluminum Sulfate Alum (30 drums) to Univar, Inc. at the unit price of $2.57/gal. (55-gal. drums); Item #19 – Powdered Activated Carbon (1,000 lbs.) to George S. Coyne at the unit price of $1.29/lb. (40 lb. bag); Item #20 – Chlorine Gas (33 cylinders) to JCI Jones Chemicals, Inc. at the unit price of $120.00 (150 lb. cylinder); Item #21a – Caustic Soda (Sodium Hydroxide)(325 drums) to Univar, Inc. at the unit price of $1.98/gal. (55-gal. drums); Item 21b – Caustic Soda (Sodium Hydroxide)(1,500 bulk gals.) to Univar, Inc. at the unit price of $1.98/gal. (bulk gallon); Item #22 – Ferrous Chloride Solution (14,000 bulk gallons) to Gulbrandsen Tech., Inc. at the unit price of $0.694 (bulk gallons); Item #23 – Hydrofulosilcic Acid (H2SiF6)(15 pails) to Univar, Inc. at the unit price of $8.13/gal (15- gal. pails) and $5.99/gal. (55-gal. drums); Item #24 – Granular Calcium Hypochlorite (60 containers) to F2 Industries, Inc. at the unit price of $1.39/lb. (100-lb. containers); Item #25 - Sulfur Dioxide Gas (25 cylinders) to Univar, Inc. at the unit price of $142.00 (150-lb. cylinder); Item #26 – DelPAC 2000 (423,000 lbs.) to Univar, Inc. at the unit price of $0.164 (pound); Item #29 – Sodium Hypochlorite (47 drums) to Univar, Inc. at the unit price of $1.99/gal. (55-gal. drums); Item #30 – Cyanuric Acid (100-200 lbs.) to Amato Industries, Inc. at the unit price of $1.10 (pounds); Item #31 – Calcium Chloride (500-600 lbs.) to Amato Industries, Inc. at the unit price of $0.63 (pound); Item #32 – Muratic Acid (15-30 lbs.) to Amato Industries, Inc. at the unit price of $5.99/gal. (15-gallon pails); and Item #34 – DelPAC 2020 (40 drums – Winebrenner WWTP) to Univar, Inc. at the unit price of $4.24 (55-gallon drums). Mr. Curry mentioned that the contract period is one (1) year with no renewals and that this year’s bids were 13 percent less than last year, based on the quantities listed. Motion made by Commissioner Kercheval, seconded by Aleshire, to award the bids for Swimming Pool and Water/Wastewater Treatment Chemicals (PUR-1116) to the responsive, responsible bidders with the lowest bid as described in the agenda packet. Unanimously approved. BID AWARD (PUR-1117) – DIESEL FUEL TRANSPORT DELIVERIES Rick Curry, Purchasing Department Buyer, recommended awarding the bid for diesel fuel transport deliveries to the responsive, responsible bidder, Petroleum Traders Corporation of Ft. Wayne, Indiana, which submitted the low bid of $1,028,242.56. Mr. Curry stated that the contract period is tentatively to begin on December 1, 2009 and end on November 30, 2010, and is for one (1) year with no option for renewal. He explained that it is a requirement contract where the County guarantees neither a maximum nor minimum quantity. Mr. Curry said that due to market fluctuation, it was decided to make this a yearly contract from this point forward. He also noted that Petroleum Traders provided the service to the County last year and this year’s quote is $700,000.00 less due to the drop in fuel prices. He informed the Commissioners that the transport charge was also lower and would not fluctuate. Commissioner Kercheval questioned what the projections were for County fuel use this year. Mr. Murray stated that he would have to check figures but the County is presently under budget due to lower fuel costs. Motion made by Commissioner Kercheval, seconded by Baker, to award the bid for Diesel Fuel Transport Deliveries (PUR- 1117) to the responsive, responsible bidder, Petroleum Traders Corporation of Ft. Wayne, Indiana, which submitted the low bid of $1,028,242.56. Unanimously approved. RECESS The Commissioners recessed at 11:41 a.m. for lunch. RECONVENE IN AFTERNOON SESSION The Commissioners reconvened the meeting at 1:07 p.m. November 17, 2009 Page four WORKSHOP SESSION – PROPOSED STORMWATER MANAGEMENT, GRADING, SOIL EROSION AND SEDIMENT CONTROL ORDINANCE Joe Kroboth, III, Director of Public Works; Jennifer Smith, Deputy Director of Public Works – Land Development Engineering; Elmer Weibley, Soil Conservation District Manager; and Dee Price, Soil Conservation District Urban Director informed the Commissioners that, due to the Stormwater Management Act of 2007, the proposed Stormwater Management, Grading, Soil Erosion and Sediment Control Ordinance is planned to be combined with the Stormwater Management Ordinance. Mr. Kroboth explained the history of the process and the current draft status, referring to the notebook that was previously distributed to the Commissioners. He stated that a draft would be sent to the State for review and in December, a forum would be held with stakeholders and then the Planning Commission to obtain comments. After collecting all comments, the approved changes would be incorporated during December – January and the final phase would involve working with the County Attorney’s Office to process the document for final adoption. (Commissioner Wivell arrived at 1:16 p.m.) Mr. Kroboth and Ms. Smith presented sections of the document and the Commissioners posed questions and suggested some changes. Mr. Kroboth stated that they would return in a few weeks to finish the review, and in the meantime, requested permission to send the first draft comments to the State for review. Commissioner Kercheval requested that the document’s cover letter note that it is a first look draft document. The consensus was to send the document to the State as requested. FIRE AND EMERGENCY SERVICES DISCUSSION Kevin Lewis, Director of Emergency Services, introduced a follow up discussion regarding the meeting held last Thursday evening at the Kepler Theatre with various representatives from emergency medical services and fire and rescue companies (EMS). He stated that it was a two hour forum where the history of the plan’s inception and the development phases were discussed. He explained the County’s involvement in the hiring process, and that there is currently one “chase car” in service in the Clear Spring area with three of the four positions filled. The Commissioners discussed the views expressed at the forum and stated that a consensus needs to be reached. Greg Murray stated that EMS is requesting a 45-day study period to look at statistics and see if the proposed plan is the right way to go. Mr. Lewis said that he has not heard recommendations to the contrary of Phase One and Two. Several emergency company representatives in the audience discussed the plan of implementing chase cars versus providing companies with supplemental funding. Mr. Lewis was concerned of the overtime costs involved when employees are pulled to work in other areas needing coverage. President Barr expressed his disappointment that the forum was held while he was in China. He noted that the Board is currently split over the issue and he is concerned that it will cost dearly now and in the future when another County Commissioner Board is in place. Mr. Barr felt that another 30 or 45 days are needed to insure that all issues are totally resolved. Motion made by Commissioner Baker, seconded by Wivell, to direct Greg Murray to discuss the issues with the companies and report back no later than January 12, 2010. Commissioners Baker and Wivell voted “AYE” and Commissioners Aleshire and Kercheval voted “NO”. The motion passed with President Barr voting “AYE”. RECESS The Commissioners recessed at 3:06 p.m. to travel to Hagerstown City Hall to attend a joint meeting with the Mayor and Council. RECONVENE - HAGERSTOWN CITY HALL The Commissioners reconvened at 3:34 p.m. at Hagerstown City Hall, for a joint meeting with the Mayor and Council. November 17, 2009 Page five CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Aleshire, to convene in closed session at 3:35 p.m. to consider the acquisition of real property for a public purpose and matters directly related thereto, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. In closed session, the Commissioners considered the acquisition of real property for a public purpose and matters directly related thereto. Present during closed session were President John F. Barr, Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval and William J. Wivell. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney; Debra Murray, Finance Director; Joe Kroboth, III, Public Works Director; Tim Troxell, EDC Director, and at various times, Mary Baykan. Individuals present from the City of Hagerstown elected Board were Mayor Robert E. Bruchey, II; Council members Lewis C. Metzner, Martin E. Brubaker, Forrest Easton, William M. Breichner, and Ashley C. Haywood; City Administrator Bruce Zimmerman, and City staff members Deborah Everhart, Rodney Tissue, Al Martin and City Attorney John Urner. RECONVENE IN OPEN SESSION The joint meeting was reconvened in open session at 5:00 p.m. by Mayor Bruchey. LIBRARY UPDATE Joe Kroboth, III, Director of Public Works; and Mary Baykan, Washington County Free Library Director, provided information regarding the status of the Central Library Renovation and Expansion Project. Mr. Kroboth introduced Brent Feight, Architect, Bushey, Feight, Morin Architects, Inc., Hagerstown, Maryland, the design team hired for the project, who gave an overview of the concept plan. Mr. Feight stated that the project consists of an approximately 40,000 square feet expansion of the existing building creating an 80,000 square foot facility plus adjacent parking for approximately 150 vehicles. He stated that construction design documents will soon be finalized and bids would be due mid-April 2010. Mayor Bruchey announced that an unveiling of the project renderings is scheduled for tomorrow at 3:00 p.m. in front of the downtown library and he introduced Mary Baykan, Library Director. Ms. Baykan stated that plans are all on schedule and that Speaker of the House Michael Busch would be present at the unveiling. Commissioner Aleshire questioned whether the City had received information on the schematic design and had been involved from the project’s inception. Mr. Feight noted that Rodney Tissue, City Engineer, has been involved and present at all meetings of the committee. HOPEWELL VALLEY UTILITY SERVICE/REVENUE SHARING The Commissioners and Council discussed the draft policy for extension of service to Hopewell Valley to ease concerns for commercial growth in the area. The City has proposed exempting Hopewell Valley from its annexation policy in exchange for 50 percent of the tax revenue the City would have received if a property were annexed and the owner paid City taxes. The County would be responsible for paying this fee out of current revenues. Discussion was held regarding the 50 percent level method and the annexation issue. The two bodies did not come to a consensus regarding the matter. TAX DIFFERENTIAL DISCUSSION County Administrator Greg Murray presented information regarding the history of the tax setoff that has been provided to municipalities by the County since the 1980s and the plan to convert to a tax differential program. He stated that a letter was sent to the City and all municipalities on September 29 informing them of the plan to move to a tax differential program in FY 2011 but he had received no specific comments. Mr. Murray stated that it was the right thing to do for the citizens because they would not be double-taxed for services already provided by the municipalities. He noted that the County would be losing money with the method change and the municipalities may be charging November 17, 2009 Page six additional taxes to cover services provided. The Commissioners and Council discussed the tax figures affected by the change. Council members Breichner, Easton and Haywood spoke in favor of the change, and Council members Metzner and Brubaker requested time to review the figures and perhaps phase in the tax differential method over time. Council member Haywood suggested that other methods of revenue sharing be addressed such as the Hotel Rental Tax Fund and the share received by municipalities. FLOW TRANSFER AGREEMENT DISCUSSION County Administrator Greg Murray provided background information on the Flow Transfer Agreement between the City and County, and made a recommendation to rescind the Agreement until such time that it is shown that there is a need/mutual benefit for both City and County agencies/customers. Mr. Murray stated that the agreement has been interpreted differently by the parties. Comments were made by both bodies that the agreement does not now benefit both parties. Mayor Bruchey stated that a resolution is needed, that Staffs are meeting on December 2, and that he would request a summary from that meeting. (Commissioner Kercheval left the meeting at 5:56 p.m.) GENERAL DISCUSSION Commissioner Aleshire thanked City officials for distributing a recent recycling survey. He also questioned the Lobbying Coalition’s goal that was chosen this year and presented to the bodies with little advance notice at a Greater Hagerstown Committee meeting. He noted that they do not contribute to the Coalition fund, and since both elected bodies do, he wondered if either body had formally agreed on the top priority that was chosen. ADJOURNMENT The joint meeting was adjourned at 6:05 p.m. ____________________________ County Administrator ____________________________ County Attorney ____________________________ County Clerk