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Home My WebLink About06.21.2016 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland June 21, 2016 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 10:08 a.m. at 100 West Washington Street, Room 227, with the following members present: Vice President Jeffrey A. Cline and Commissioners John F. Barr, Wayne K. Keefer and LeRoy E. Myers, Jr. APPROVAL OF MINUTES — JUNE 14, 2016 Commissioner Myers, seconded by Keefer, moved to approve the minutes of June 14, 2016. The motion passed unanimously. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Cline had no report. Commissioner Keefer attended Manpower's 35th anniversary celebration and the tree dedication ceremony in memory of former Keedysville mayors Ralph B. Taylor, Jr. and Rome F. Schwagel. Mr. Keefer reported on a visit to the Halfway Volunteer Fire Company and the town of Smithsburg where he met with Mayor Mildred "Mickey" Myers. Commissioner Myers commented on positive changes in the County's Permitting Office over the past year and praised staff for their pleasant attitude in assisting citizens. Commissioner Barr noted that he would be visiting Montgomery and Harford counties today as President of the Maryland Association of Counties (MACo.) He thanked County staff for arranging this week's MACo Spring Staff Retreat hosted locally by Washington County. Commissioner Baker had no comments. REPORTS FROM COUNTY STAFF Health and Human Services — Advertise to Fill Position Stephanie Stone, Director, Health and Human Services, reported on results of this year's United Way campaign and announced that Washington County had received the Outstanding Achievement Award. She thanked staff for coordinating the campaign and praised County employees for their generous participation. June 21, 2016 Page 2 Countv Attornev — Curative Resolution RS -2016-10 Deputy County Attorney Kirk C. Downey presented a curative resolution regarding the Antietam Battlefield Advisory Commission's revised bylaws that were approved by the Commissioners on June 14, 2016. The revision corrects a typographical error. Commissioner Myers, seconded by Keefer, moved to approve Curative Resolution RS -2016-10 as presented. The motion passed unanimously. (Resolution No. RS -2016-10 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) Countv Clerk — Appointments to Boards/Commissions Hagerstown Regional Airport Advisory Commission Commissioner Barr, seconded by Myers, moved to appoint Gary Bockrath to serve an unfulfilled term through October 31, 2017 on the Hagerstown Regional Airport Advisory Commission. The motion passed unanimously. Countv Administrator County Administrator Greg Murray commented on the back page ad in The Herald -Mail from residents in the St. James community thanking the County and Craig Paving for recent roadway improvements. He discussed activities planned for the MACo Spring Staff Retreat that include a tour of the downtown Hagerstown Arts and Entertainment District and dinner at Bulls and Bears. Mr. Murray discussed the Urban Improvement Plan project that is moving forward with different components, including some that will be constructed by the end of 2017. (Commissioner Barr left the meeting at 10:31 a.m. to visit several Maryland counties as President of MACo.) PUBLIC HEARING — AGRICULTURAL PRESERVATION EASEMENT RANKINGS FOR FISCAL YEAR 2017 President Baker convened a Public Hearing at 10:31 a.m. to obtain public comment on the proposed Agricultural Preservation Easement Rankings for Fiscal Year 2017. Eric Seifarth, Rural Preservation Administrator, and Chris Boggs, Land Preservation Planner, Planning and Zoning, provided information on the Maryland Agricultural Land Preservation Program through the Maryland Agricultural Land Preservation Foundation purchased easement program. The Board of County Commissioners approves the priority ranking order from a list recommended by the County's Agricultural Land Preservation Advisory Board and then forwards the top ten farms on the ranking list to the Maryland Agricultural Land Preservation Foundation Board. Mr. Seifarth advised that this year, the State requested eight recommendations; however, ten were submitted for future consideration due to the County's installment payment program. Funding from the State for FY 2017 totals $16 million and additional federal funds will be made available in the future. June 21, 2016 Page 3 Washington County will have the opportunity to contribute funds in the fall of 2016 on a 60% State, 40% County sharing basis using monies derived from local agriculture transfer taxes. Mr. Boggs described the ranking criteria. The hearing was opened for public comment. No one present wished to offer comments. The Commissioners had no comments. The Public Hearing was closed at 10:37 a.m. Commissioner Cline, seconded by Myers, moved to accept the priority rankings for Fiscal Year 2017 as recommended by the Agricultural Land Preservation Advisory Board. The motion passed unanimously. (4-0, Commissioner Barr was absent.) FOREST MITIGATION BANK APPROVALS Stephen Goodrich, Director, and Fred Nugent, Park and Environmental Planner, Planning and Zoning, recommended approval of Forest Mitigation Bank applications for the Town of Boonsboro (FB -16-001) and Michael H. and Beth D. Shifler (FB -16-002.) Mr. Goodrich described forest banking as an additional method to meet forest removal mitigation requirements approved by the County Commissioners in a 2014 amendment to the Washington County Forest Conservation Ordinance. A property owner voluntarily accepts restrictive easements on a newly planted or existing forest. The forest bank owner may then sell credits from the easement area to land developers who need credits to meet their mitigation requirements for development approval. The Boonsboro acquisition involves 43.08 acres of easement on 40.36 acres of existing forest and 2.5 acres of adjacent land with sufficient stock to develop into qualifying forest in the near future through natural regeneration. The acquisition is within town limits. The Shifler application is for 18.72 acres of existing hardwood forest on a parcel of 36.61 acres on the south side of Swinging Bridge Road. The parcel is midway between Hagerstown and Boonsboro. The Commissioners discussed the proposal. Commissioner Cline, seconded by Keefer, moved to approve the Forest Mitigation Bank applications for the Town of Boonsboro (FB -16-001) and Michael H. and Beth D. Shifler (FB -16-002.) The motion passed unanimously. (4-0, Commissioner Barr was absent.) CONVEYANCE OF REAL PROPERTY TO MACK TRUCK, INC./VOLVO Susan Small, Real Property Administrator, Engineering and Construction Management, presented the proposal to adopt an Ordinance declaring property consisting of 19,306 square feet located approximately twelve hundred feet south of its intersection with Maugans Avenue as surplus, approve the conveyance of same and authorize the execution of the necessary documentation to finalize the conveyance. Ms. Small indicated that the County's intent to convey this property to Volvo was advertised as required. The property will be conveyed for no monetary consideration and there is no fiscal impact to the County. Volvo plans to make improvements to widen its existing entrance to provide three incoming lanes and facilitate stormwater maintenance upgrades. June 21, 2016 Page 4 Commissioner Cline, seconded by Myers, moved to adopt an Ordinance declaring property consisting of 19,306 square feet located approximately twelve hundred feet south of its intersection with Maugans Avenue as surplus, approve the conveyance of same and authorize the execution of the necessary documentation to finalize the conveyance. The motion passed unanimously. (4-0, Commissioner Barr was absent.) CONVENE IN CLOSED SESSION Commissioner Myers, seconded by Cline, moved to convene in closed session at 10:52 a.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; and 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 3-305(b) (1), (4), and (7) of the General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed the potential appointment/reappointment of several individuals to an appeals board over which the Commissioners have appointment authority; discussed a County personnel hiring recommendation with County staff, discussed a specific personnel matter and related staffing issues with County staff and counsel; discussed ongoing issues relating to a contractual matter that may give rise to litigation; discussed issues relating to a business entity's request relating to its ongoing business operation in the County. During closed session, the Commissioners instructed staff to bring forth the potential appointments/reappointments of several individuals to board positions for discussion and a possible vote during their next open session meeting; provided direction to County Staff regarding a County personnel hiring recommendation; provided instruction to County Staff regarding a specific personnel issue/recommendation; provided specific direction relating to an ongoing contractual matter; and provided instruction regarding a business entity's request relating to its business operations in the County. Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline, Wayne K. Keefer and LeRoy Myers, Jr. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney, and at various times Kendall McPeak, Assistant County Attorney; Stephanie Stone, Director, Health and Human Services; and Kassie Lewis, Director, Business Development. RECONVENE IN OPEN SESSION Commissioner Myers, seconded by Cline, moved to reconvene in open session at 11:37 a.m. The motion passed unanimously. (4-0, Commissioner Barr was absent.) June 21, 2016 Page 5 BID AWARD — GROUNDS MAINTENANCE CHEMICALS FOR VARIOUS COUNTY DEPARTMENTS Rick Curry, Buyer, Purchasing, and John Easterday, Superintendent, Black Rock Golf Course, recommended bid awards for Grounds Maintenance Chemicals for Various County Departments (PUR-1317) to the responsible companies with the lowest responsive bids that met the specifications for each chemical item. The contract primarily provides needed chemicals for the Black Rock Golf Course, Highway Department, and Department of Water Quality. The City of Hagerstown may use the contract if desired. Mr. Curry advised that the contract term is for one year tentatively commencing July 1, 2016 and ending June 30, 2017. The Commissioners drew lots to award for tie bids for Nos. 13, 16 and 23, pursuant to Section 2.9 of the Washington County Purchasing Policy. Commissioner Myers, seconded by Keefer, moved to award the contract for grounds maintenance chemicals for various County Departments to the following companies that submitted the low responsible, responsive bids meeting specifications for each chemical as follows, including the tie bid items: Item #1: Crop Production Services - $458.80/gal.; Item #2: Helena Chemical - $38.29/gal.; Item #3: Helena Chemical - $51/gal.; Item #4: Crop Production Services - $287.74/gal.; Item 45: Helena Chemical - $108/gal.; Item #6: Crop Production Services - $44.08/gal.; Item #7: Crop Production Services - $13.73/lb.; Item #8: Crop Production Services - $41.42/gal.; Item #9: Crop Production Services - $33.35/gal.; Item #10: Genesis Turfgrass, Inc. - $40.64/gal.; Item #11: Helena Chemical Company - $61/lb.; Item #12: Crop Production Services - $6.95/lb.; Item #13: Genesis Turfgrass - $417/gal.; Item #14: Crop Production Services - $47.49/gal.; Item #15: Crop Production Services - $359.64/case; Item #16: Genesis Turfgrass - $48.95/gal.; Item #17: Crop Production Services - $45.24/gal.; Item #18: Genesis Turfgrass, Inc. - $104.80/gal.; Item #19: Crop Production Services - $122.22/gal.; Item #20: SiteOne Landscape Supply - $520/case; Item #21: Crop Production Services - $10.99/gal.; Item #22: Helena Chemical Company - $340/gal.; Item 423: Crop Production Services — $33/gal.; Item 424: Genesis Turfgrass, Inc. - $35.20/gal.; Item #25: Helena Chemical Company - $152/gal.; and Item #26: Crop Production Services - $15.55. The motion passed unanimously. (4-0, Commissioner Barr was absent.) BID AWARD — LEACHATE HAULING CONTRACT Rick Curry recommended award of the contract to the responsive, responsible bidder, AmTran, Inc. of Baltimore, Maryland, for the total lump sum of $249,888 for Primary Leachate Hauling (PUR-1311) and as permitted in the Invitation to Bid, to award a standby contract to AC&T Co., Inc. of Hagerstown, Maryland, based on the responsive bidder with the next lowest total lump sum amount of $256,045. Mr. Curry discussed the services to be provided by the contractor that include loading, hauling, delivery and unloading leachate to Spirit Services at the Department of Water Quality's Conococheague Wastewater Treatment Plant. The contract tentatively commences July 1, 2016 with an option by the County to renew for up to two additional consecutive one-year periods with the first term ending June 30, 2017. The County guarantees neither a minimum/maximum of calls nor quantity of material for this contract. The Commissioners discussed the proposal and the County's policy not to award bids based on local preference. June 21, 2016 Page 6 Commissioner Myers, seconded by Cline, moved to award the contract for Primary Leachate Hauling to the responsive, responsible bidder, AmTran, Inc. of Baltimore, Maryland, for the total lump sum of $249,888 for Primary Leachate Hauling and as permitted in the Invitation to Bid, and to award a standby contract to AC&T Co., Inc. of Hagerstown, Maryland, based on the responsive bidder with the next lowest total lump sum amount of $256,045. The motion passed unanimously. (4-0, Commissioner Barr was absent.) CITIZENS' PARTICIPATION No citizens attending the meeting wished to participate. HOTEL RENTAL TAX FUNDING REOUEST - MARYLAND SYMPHONY ORCHESTRA Jim Hovis, Director, Community Grant Management, and Michael Jonnes, Executive Director, and Emily Socks, Director of Advancement, Maryland Theatre, appeared before the Commissioners to request $30,000 in Hotel Rental Tax funding toward direct expenses associated with the 31St Annual Salute to Independence event at the Antietam National Battlefield held July 2 this year. Mr. Jonnes discussed the popular event and its positive impact on hotels and businesses in Washington County. The total budget is $242,000; $102,541 has been received from private sources and $109,459 from in-kind contributions, community partners, and the Antietam National Battlefield. The Commissioners praised the event and commended its organizers. Commissioner Cline, seconded by Myers, moved to approve $30,000 in Hotel Rental Tax funding toward direct expenses associated with the 31 st Annual Salute to Independence event at the Antietam National Battlefield. The motion passed unanimously. (4-0, Commissioner Barr was absent.) ADJOURNMENT Commissioner Myers, seconded by Keefer, moved to adjourn at 11:59 a.m. The motion passed unanimously. 15 Gregory B. qrray, County Administrator -�` ohn M. Martirano, County Attorney C . Z;4. - Vicki C. Lumm, County Clerk