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HomeMy WebLinkAbout091222 December 22, 2009 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:14 a.m. by President John F. Barr with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. 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 – December 8, 2009 & December 15, 2009 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of December 8 and 15, 2009 with incorporated changes. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES William Sonnik, Human Resources Director, introduced new Department of Water Quality employees Kenneth T. Ward, Plant Operator Trainee, and Thomas M. Smith, Sr., Electronics Technician; and Department of Emergency Services 911 Call Taker Joseph D. Arch. The Commissioners welcomed the employees and wished them well in their new positions. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Wivell wished all a Merry Christmas and Happy New Year and thanked the emergency services and road crews for the work performed during the weekend snowstorm. Commissioner Aleshire stated that he attended the Commission on Aging meeting where attendees expressed their approval of plans for the proposed Senior Center. Mr. Aleshire related that he was asked whether senior citizen tax relief would be considered during upcoming 2010 budget talks. County Administrator Greg Murray stated that the item is presently included in the 2010 budget model to be discussed. Commissioner Aleshire reiterated Mr. Wivell’s comments regarding handling of the recent snow event by County, City and State crews. Commissioner Kercheval reported that he took part in a teleconference regarding long range transportation planning and thanked Debra Murray for providing the necessary figures. He commented that the snow clearing was done using fewer employees who performed well for the 18-24 inches of snow received in the area. He wished all a Merry Christmas and Happy New Year. Commissioner Baker wished all County departments and citizens a Merry Christmas and Happy New Year and echoed previous comments regarding the snowstorm. Commissioner Barr reiterated a Merry Christmas and Happy New Year to County Staff and citizens and expressed hope that all stay safe and well during their holiday traveling. AIRCRAFT RESCUE FIREFIGHTING FACILITY CHANGE ORDER Commissioner Barr introduced Phil Ridenour, Airport Fire Chief; and Mahesh Kukata, Airport Design Consultants, Inc. He relinquished the Chair to Vice President Baker and exited the room due to his company’s involvement in the matter. Mr. Ridenour explained that due to calculating errors, the $87,457.00 in savings stated in the agenda report form is actually $79,861.00 for Change Order Number 1 to the Aircraft Rescue Firefighting Facility Project. He stated that it represented savings of $110,768.00 in value engineering and an increase of $30,907.00 for architectural changes inside the facility and miscellaneous field changes. The Commissioners discussed the project and Mr. Kukata described the work performed. Motion made by Commissioner Wivell, seconded by Aleshire, to approve Change Order No. 1 regarding the savings of $79,861.00 to the contract price for the Aircraft Rescue Firefighting Facility Project. The motion passed with Commissioners Wivell, Aleshire and Baker voting “AYE” and Kercheval “ABSTAINING.” December 22, 2009 Page two Commissioner Barr returned to the meeting and assumed the Chair. County Administrator Greg Murray explained that the previously scheduled item on the agenda regarding School Mitigation Requests had been postponed at the Board of Education’s request. Mr. Kercheval suggested that a blanket high school plan be discussed in the future. DISCUSSION – DRAFT CITY OF HAGERSTOWN POLICY FOR EXTENSION OF UTILITIES County Administrator Greg Murray introduced discussion of a draft policy for extension of City of Hagerstown (City) water utilities outside of the Medium Range Growth Area that was originally considered at a joint meeting of the two governmental bodies on November 17. The City is requesting compensation for extending water service to the Hopewell Valley Industrial Park. Discussion was held regarding the City’s proposal, how to address the revenue sharing model, and the assistance the County has provided to the City for other projects in the past. It was decided that data would be compiled by the County’s Economic Development Commission, working with Deborah Everhart, the City’s Economic Development Director, and Greg Murray, to be presented to the City in the near future for comment. INTERGOVERNMENTAL COOPERATIVE PURCHASE OF GEOGRAPHIC INFORMATION SYSTEM (GIS) MAPPING SERVICES – PARCEL VECTORIZATION BY THE INFORMATION TECHNOLOGIES (IT) DEPARTMENT Karen Luther, Purchasing Agent; and Bud Gudmundson, GIS Manager, appeared before the Commissioners to request acceptance of a grant of $65,694.00 from the Appalachian Regional Commission, and to authorize by Resolution the Intergovernmental Cooperative Purchase of GIS Mapping Services – Parcel Vectorization for the IT Department to Smart Data Strategies, Inc. of Franklin, Tennessee. Ms. Luther explained that the proposal would be piggybacking on a Baltimore County contract. Mr. Gudmundson gave an overview of the services provided in the project which was endorsed by GIS Steering Committee. The project’s total cost will be $413,712.00 which is expected to be funded through grants. Motion made by Commissioner Kercheval to authorize the acceptance of a grant of $65,694.00 from the Appalachian Regional Commission, and to authorize by Resolution the Intergovernmental Cooperative Purchase of GIS Mapping Services – Parcel Vectorization for the IT Department to Smart Data Strategies, Inc. of Franklin, Tennessee for $350,576.45 based on a Baltimore County, Maryland contract via Request for Proposal No. 203572 and additional services as required at the unit prices contained in the contract; and to authorize the processing of a Request for Proposal for contracting with an independent quality assurance/quality control consultant. Commissioner Wivell seconded the motion. He questioned sole sourcing of the contract versus placing it out for bids. Ms. Luther and Mr. Gudmundson explained the advantages of piggybacking on an existing contract, the renewals, and that the company is highly recommended and used by many other counties. The motion was unanimously approved. (Resolution RS-09-13 is located in the County Commissioners’ Office) CITIZENS PARTICIPATION There was no one present who wished to comment. OTHER BUSINESS APPOINTMENT - ECONOMIC DEVELOPMENT COMMISSION Motion made by Commissioner Wivell, seconded by Aleshire, to appoint Fred Frederick to fill the unexpired term of Michael Deming, as a City of Hagerstown representative on the Washington County Economic Development Commission, extending to June 30, 2010. Unanimously approved. REAPPOINTMENT - ADVISORY COMMISSION TO THE BOARD OF HEALTH Motion made by Commissioner Aleshire, seconded by Kercheval, to reappoint Kimberly Murdaugh to a second, three-year term on the Advisory Commission to the Board of Health, extending through October 30, 2012. Unanimously approved. December 22, 2009 Page three County Administrator Greg Murray, County Administrator, reported on meeting with a solar energy company that will perform a pilot program at the Division of Environmental Management located at Elliott Parkway. The project will involve construction of solar panels at no cost to the County that may result in 50% energy savings at the facility. Reports from County Staff Julie Pippel, Director of Environmental Management, reported that the Halfway Inflow and Infiltration (I & I) construction project is substantially complete except for the restoration of grass which will be completed in the spring. Commissioner Aleshire questioned a resident’s complaint on Beckley Road regarding a flow across his driveway and Ms. Pippel stated that she would discuss it with Mr. Aleshire. Joe Kroboth, III, Public Works Director, reported that he appreciated the Highway Department and Emergency Services Department’s work performed during the snowstorm. He also thanked the Landfill operators who provided assistance in removing snow removal apparatus that went off the road during plowing. He stated that the event caused a significant amount of snow that stressed the capacity of the County’s clearing efforts. Mr. Kroboth explained the goal of keeping the main roads open to support fire and rescue operations for medical emergencies. The costs are still being tallied but he expects that there will be significant towing expenses, repair costs for damaged equipment, and harm done to property that will appear after the snow melts. William Sonnik, Human Resources Director, appeared with Rob Slocum, Deputy Director-Capital Projects, to discuss the retirement of the County’s Survey Party Chief, who is retiring at the end of the year. Mr. Slocum explained the work of the Survey Chief and stated that the Technician had also recently retired. He stressed the need for a two- person team. He requested approval to advertise the positions internally. Motion made by Commissioner Baker, seconded by Aleshire, to approve the request to advertise internally to fill the Survey Party Chief (Grade 11) and keep the survey team at two persons. Unanimously approved. Rob Ferree, Deputy EDC Director, requested approval to reduce the amount of the County’s conditional loan to T. Rowe Price from $810,000.00 to $739,206.00. Mr. Ferree explained that the loan was approved in February 2009 as an incentive for the company to construct a 60,000 square foot backup data-recovery center at the intersection of Maryland Route 632 and Rench Road. The company’s projected cost of $75 million fell to $68 million due to lower construction costs. County Attorney John Martirano stated that an amending Resolution has been prepared by his office to that effect. (Resolution RS-09-14 is located in the County Commissioners’ Office) Motion made by Commissioner Kercheval, seconded by Wivell, to approve the amended resolution relating to T. Rowe Price which fully endorses the County’s loan of $739,206.00 and reduces it from $810,000.00 as stated in a previously approved resolution. Unanimously approved. Dan DiVito, Director, Permits and Inspections Department, introduced Angela Smith, Deputy Director, who reported on charitable activities of the Department and challenged other County Departments to get involved in similar activities. Ms. Smith recognized Mr. DiVito for being elected as the first Vice President to the Maryland Builders’ Officials Association (MBOA) which is comprised of 400 building code officials in the State of Maryland. It was noted that Mr. DiVito was also appointed by the Governor to the Maryland Rehabilitation Committee. The Commissioners congratulated Mr. DiVito on the accomplishments. Mr. DiVito thanked Ellsworth Electric and Commissioner Barr for being a major sponsor of the training seminar held recently at the Barr Academy. Electrical manufacturer Leviton provided an instructor at the Academy for approximately 85 attendees that included City and County officials discussing the 2008 Electrical Code transition. Mr. DiVito distributed a December 22, 2009 Page four booklet prepared for the seminar that was done in-house and commended employees Brennan Garrett, Ray Palmer, and Kathy Kroboth for their contributions. He also recognized Taylor Oliver, Les Grim, Brent Feight, Manny Shaool, Hank Livelsberger, Mike Stanford, Commissioner Aleshire, Mike Thompson, Jennifer Smith, and Brad Fulton for their assistance. Commissioner Barr commented on the nice job done by all. LIQUOR BOARD REQUEST FOR COMMENTS ON A PROPOSAL FROM THE WASHINGTON COUNTY RESTAURANT AND BEVERAGE ASSOCIATION Robert Everhart, Chairman, and Charles Mades, Treasurer, Board of License Commissioners (BLC) appeared on behalf of the BLC to discuss the proposal by the Washington County Restaurant and Beverage Association (WCRBA) to change how beer and light wine liquor licenses for consumption on the premises are obtained. Mr. Everhart explained that Maryland law caps the number of liquor licenses in an election district to one per 1,000 persons, but licenses that allow restaurants to serve beer and light wine are exempt from the population-based limit. The Commissioners discussed the proposal, noting that the BLC would not be allowed to issue any new licenses in those districts that are considered overpopulated. It was the unanimous consensus of the Commissioners to oppose changes to the present policy and send a letter to the local Delegation to the General Assembly to that effect by December 31, 2009. YOUTH MERITORIOUS AWARDS – DECEMBER 2009 On behalf of the County Commissioners, President Barr presented a certificate of merit to Jonathan Henesy, and Zachary Robertson, both from Clear Spring Middle School, to honor and acknowledge their selection by the Washington County Community Partnership for Children and Families (WCCP) for the December 2009 Youth Meritorious Award. The Commissioners commended the students for their leadership, academic and extra-curricular activities. Each student was presented a $100 U.S. Savings Bond from the WCCP. RESH ROAD LANDFILL CLOSURE CAP – QUANTITY ADJUSTMENT David Mason, Environmental Engineer, and Mark Bradshaw, Deputy Director, Division of Environmental Management, requested approval for Change Order No. 6 for $720,743.22 to Kinsley Construction for the Resh Road Landfill Phase II Closure Cap for quantity adjustments. Mr. Mason explained that some previously unknown items appeared during construction including leachate seep repairs and the need to process cover material from the rubble fill to meet specifications. He stated that the project would be complete after clean up and EPA approval. Motion made by Commissioner Kercheval, seconded by Baker, to approve Change Order No. 6 to Kinsley Construction for quantity adjustments to the Resh Road Landfill Phase II Closure Cap in the amount of $720,743.22. Unanimously approved. ENHANCED NUTRIENT REMOVAL AT WASHINGTON COUNTY’S WASTEWATER TREATMENT PLANT Mark Bradshaw, Deputy Director, Division of Environmental Management, requested approval of Change Order No. 3 to Buchart-Horn, Inc. for $78,700.00 for Enhanced Nutrient Removal at Washington County’s Wastewater Treatment Plant. Mr. Bradshaw explained that Buchart-Horn, Inc. completed and submitted the preliminary design report for upgrading the County’s Plant for compliance with the State Enhanced Nutrient Removal strategy. Greg Murray explained that if the project is successful, it would be eligible for payment by the State; if it fails, the County would receive a return of the money from the company it had paid. Motion made by Commissioner Wivell, seconded by Kercheval, to approve Change Order No. 3 for $78,700,000.00 to Buchart-Horn, Inc. for Enhanced Nutrient Removal at Washington County’s Wastewater Treatment Plant. Unanimously approved. RECESS The Commissioners recessed at 11:35 p.m. for lunch. December 22, 2009 Page five AFTERNOON SESSION President John F. Barr called the afternoon session to order at 1:28 p.m., with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. TEXT AMENDMENTS TO THE FOREST CONSERVATION ORDINANCE (FCO-09-001) Mike Thompson, Planning Director; and Bill Stachoviak, Environmental Planner, Planning Department, discussed the proposed amendments to the Forest Conservation Ordinance (FCO) which were generated to comply with new legislation adopted by the State of Maryland. Mr. Stachoviak reviewed the latest proposals noting that the latest version had been approved by the Department of Natural Resources. During discussion, a majority of the Commissioners objected to the 30 cents per square foot reforestation fee and expressed concern that the fee structure would have a negative impact on economic development in the County. Motion made by Commissioner Aleshire to approve an Ordinance to Repeal and to Reenact, with amendments, the Washington County, Maryland Forest Conservation Ordinance as presented, as well as the accompanying Resolution. The motion died for lack of a second. Commissioner Kercheval stated that he cannot support the Ordinance and Commissioner Wivell agreed. Commissioner Aleshire stated that he assumed the State would monitor for compliance. Mike Thompson stated that the County would compile the annual reports. Commissioner Barr felt that the local Delegation should hear about the issue. Assistant County Attorney Kirk C. Downey expressed concern whether there was time to add the item to the legislative requests this session. Staff was directed to request that the State modify the fee structure as discussed. CONVENE IN CLOSED SESSION Motion made by Commissioner Baker, seconded by Kercheval, to convene in closed session at 2:01 p.m. to discuss the appointment, employment, assignment, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; to discuss personnel matters that affect one or more specific individuals; to protect the privacy or reputation of individuals with respect to a matter that is not related to public business; to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; to consider the acquisition of real property for a public purpose and matters directly related thereto; to consult with staff, consultants, or other individuals about pending or potential litigation; and to consult with counsel to obtain legal advice; in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, assignment, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; considered a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; considered the acquisition of real property for a public purpose and matters directly related thereto; consulted with staff, consultants, or other individuals about pending or potential litigation; and consulted with counsel to obtain legal advice. Present during closed session were Commissioners Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell; Gregory Murray, County Administrator, and Vicki Lumm, County Clerk. Also present at various times were: Commission President John F. Barr; John Martirano, County Attorney; Kirk C. Downey, Assistant County Attorney; Andrew F Wilkinson, Assistant County Attorney; Rob Ferree, EDC Deputy Director; Rob Slocum, Deputy Director, Capital Projects; Joe Kuhna, Real Property Administrator; Joe Kroboth, III, Public Works Director; Mike Thompson, Planning Director; William Sonnik, Human Resources Director; Greg Larsen, Airport Business Manager; Dan DiVito, Director, and Angela Smith, Deputy Director, Permits and Inspections Department; and Hal Lucas. December 22, 2009 Page six RECONVENE IN REGULAR SESSION Motion made by Commissioner Kercheval, seconded by Baker, to reconvene in open session at 4:56 p.m. Unanimously approved. ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Wivell, to adjourn at 4:56 p.m. Unanimously approved. ____________________________ County Administrator ____________________________ County Attorney _________________________ County Clerk