HomeMy WebLinkAbout05.24.2016 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
May 24, 2016
INVOCATION AND PLEDGE OF ALLEGIANCE
The assemblage observed a moment of silence followed by the Pledge of Allegiance to the
Flag.
CALL TO ORDER
President Terry L. Baker called the regular meeting of the Board of County
Commissioners of Washington County, Maryland, to order at 10:13 a.m. at 100 West
Washington Street, Room 227, with the following members present: Vice President Jeffrey
A. Cline and Commissioners Wayne K. Keefer and LeRoy E. Myers, Jr. Commissioner
John F. Barr was absent due to visiting other Maryland counties as President of the
Maryland Association of Counties.
APPROVAL OF MINUTES — MAY 17, 2016
Commissioner Myers, seconded by Cline, moved to approve the minutes of May 17, 2016.
The motion passed unanimously. (4-0, Commissioner Barr was absent.)
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Cline attended the Boonsboro Economic Development Commission
meeting. He noted that long-time Boonsboro Mayor Charles "Skip" Kauffman is retiring in
June. Mr. Cline attended the Maryland Municipal League (MML) meeting hosted by
Washington County Government. He noted that Smithsburg Mayor Mildred "Mickey"
Myers was inducted into the MML Hall of Fame.
Commissioner Keefer attended the MML meeting and the farewell event for the
Conococheague Elementary School. He enjoyed the Washington County Museum of Fine
Arts event showcasing the Norman Rockwell painting "The Oculist" and the artwork of
Washington County Public Schools middle and high school students.
Commissioner Myers commented on Boonsboro Mayor Skip Kauffman's many years of
service as a council member and mayor of the town of Boonsboro.
Commissioner Baker attended the Conococheague Elementary School farewell, the MML
meeting and Washington County Fire and Rescue Association meeting.
REPORTS FROM COUNTY STAFF
Plannine and Zonine — Priority Fundine Areas Amendment
Stephen Goodrich, Director, and Jill Baker, Chief Planner, Planning and Zoning, discussed
the Planning and Zoning Department's intent to submit documentation to amend the
County's Priority Funding Areas (PFAs) in the Urban Growth Area, in support of the
County's application for Bay Restoration Funds to perform enhanced nutrient reduction at
the Conococheague Wastewater Treatment Plant. He described PFAs as designations
created as part of the State of Maryland's Smart Growth legislation in the 1990s that serve
May 24, 2016
Page 2
to identify areas where the State can spend funds to support or promote growth.
Washington County created the PFA boundaries according to the State's criteria. At the
time of funding, the State reviews a project to see if it lies within the PFA boundaries.
State officials found two parcels with businesses on the Downsville Pike that could be
affected and are not currently in the PFA boundary, Callas Contractors and T. Rowe Price.
Two other parcels also not included in the PFA are located in the Town of Sharpsburg and
are to be used for the planned new Sharpsburg Elementary School. The amendment
requests they be included in the County's PFA. The Commissioners discussed the parcels
to be included in the amendment. All are currently in the Urban Growth Area.
Engineering and Construction Management — Correction of Bid Award Amount
Rob Slocum, Director, Engineering and Construction Management, advised that during
their May 3, 2016 meeting, the Commissioners awarded the construction contract for
Underpass Way and Railway Lane to Huntzberry Brothers, Inc. of Smithsburg, Maryland,
for $658,995. He stated that the actual bid amount was $654,995, $4,000 less than
discussed and approved. He requested a confirmatory vote for the correct amount.
Commissioner Myers, seconded by Keefer, moved to award the Underpass Way and
Railway Lane Improvements contract to Huntzberry Brothers, Inc. of Smithsburg,
Maryland, for the correct amount of $654,995. The motion passed unanimously. (4-0,
Commissioner Barr was absent.)
FY 2017 ANNUAL PROGRAM OPEN SPACE PROJECT FUNDING
Jim Sterling, Director, Parks and Facilities, discussed the FY 2017 Program Open Space
(POS) projects funding as recommended by the Washington County Recreation and Parks
Advisory Board. He stated that the anticipated POS allocation for FY 2017 is $451,058.
Requests for consideration of POS funds were submitted from various municipalities, the
Board of Education, Hagerstown Community College, City of Hagerstown, and
Washington County. After adoption by the County Commissioners, program sponsors may
apply for funding after July 1, 2016. The recommendations are as follows: Boonsboro:
Park Trail, Phase II - $50,000; Hagerstown: A&E Walking Trail Acquisition - $50,000,
and Park Amenities - $26,486; Funkstown: Land Acquisition - $62,764; Hancock:
Kirkwood/Widmeyer Park Pedestrian Trail Planning - $25,769; Smithsburg: Veterans Park
Utility Development - $27,000; Williamsport: Byron Park Sidewalk Project, Phase II;
$30,000; Hagerstown Communitv College: Soccer Field Renovation - $55,039; and
Washington Countv: Ag Center Drainage Improvements - $18,000, Tennis Court
Resurfacing - $37,000, Doubs Woods Art Pavilion Roof Replacement - $24,000, Pavilion
Apron Replacement for Various Parks - $18,000, and M.L. Snook Park Return Grate
Replacement - $27,000.
Mr. Sterling stated that previous legislation expired that allowed the County to use 100%
of its development funds after reaching its land attainment goals; therefore, this year it
must use 25% of its allocation. He has discussed the possible introduction of legislation
during next year's legislative session that would return that figure to 100%. The
Commissioners discussed the proposed projects with Mr. Sterling.
May 24, 2016
Page 3
Commissioner Cline, seconded by Keefer, moved to approve the annual FY 2017 Program
Open Space Program as presented and recommended by the Washington County
Recreation and Parks Advisory Board. The motion passed unanimously. (4-0,
Commissioner Barr was absent.)
CONSTRUCTION BID AWARD — MT. AETNA ROAD CULVERT AND
MT. LENA ROAD BRIDGE SUPERSTRUCTURE
Scott Hobbs, Deputy Director, Engineering and Construction Management, recommended
award of the contract for the Mt. Aetna Road Culvert and Mt. Lena Road Bridge
Superstructure to the lowest responsive, responsible bidder, Lonestar Builders, Inc. of
Hagerstown, Maryland, for $421,716. The project involves the replacement of a culvert on
Mt. Aetna Road and replacement of a bridge superstructure on Mt. Lena Road. The work
includes stream stabilization, concrete construction, asphalt paving and the installation of a
traffic barrier. The project is tentatively scheduled to begin in June. The Commissioners
discussed the recommendation.
Commissioner Myers, seconded by Cline, moved to award the contract for the Mt. Aetna
Road Culvert and Mt. Lena Road Bridge Superstructure to the lowest responsive,
responsible bidder, Lonestar Builders, Inc. of Hagerstown, Maryland, for $421,716. The
motion passed unanimously. (4-0, Commissioner Barr was absent.)
REJECTION OF CONSTRUCTION BID — FUEL CENTER AT THE EASTERN
SECTION HIGHWAY MAINTENANCE FACILITY
Scott Hobbs recommended rejection of the bid for the Fuel Center at the Eastern Section
Highway Maintenance Facility in the best interest of the County since the bid exceeds the
project budget. The project involves the construction of a fuel center at the Eastern Section
Highway Facility located on Greensburg Road in Smithsburg. The contractor's bid from
Octagon Services, Inc. was $881,035 and the engineer's estimate $575,000. Due to funding
issues, the department re-evaluated the project for alternative ways to reduce the cost. Mr.
Hobbs suggested that utilizing County personnel to perform some of the work could reduce
project costs, in addition to providing add/deduct alternate items in the contract and
bidding the project together with the upcoming Fuel Center project at the Highway
Department's Central Section.
The Commissioners discussed the possible reasons why other companies did not submit
bids. Mr. Hobbs stated that feedback indicated the companies were located out of the area,
had other projects and/or did not want to travel to Hagerstown. Commissioner Myers
suggested that staff evaluate pricing estimates to see if they are accurate.
Commissioner Myers, seconded by Keefer, moved to reject the bid of $881,035 from
Octagon Services, Inc. for the construction of a Fuel Center at the Eastern Section
Highway Maintenance Facility since the bid exceeds the budget and to re -bid the project
with the planned Fuel Center project at the Highway Department's Central Section. The
motion passed unanimously. (4-0, Commissioner Barr was absent.)
May 24, 2016
Page 4
HEALTHY FAMILIES HOME VISITING PROGRAM GRANT APPROVAL
Susan Buchanan, Senior Grant Manager, Community Grant Management, recommended
acceptance of an award from the Maryland State Department of Education for the
provision of Healthy Families Home Visiting Services Program for Fiscal Year 2017 of
$277,993. The comprehensive program is modeled after a national renowned initiative,
Healthy Families America. The Washington County Health Department is the vendor
contracted to provide the services that seek to prevent child maltreatment through early
intervention, promote healthy growth and development, and strengthen the parent-child
relationship. This is the third year of a four-year contract. Funding of $6,950 is included in
the award for County administrative support and no County funds are involved. The Local
Management Board has approved the recommendation.
Commissioner Keefer, seconded by Myers, moved to approve the submission of the grant
application for the provision of Healthy Families Home Visiting Services Program for
Fiscal Year 2017 and accept the award funding of $277,993 from the Maryland State
Department of Education. The motion passed unanimously. (4-0, Commissioner Barr was
absent.)
CONTRACT AWARD — PROVISION OF RURAL OUT-OF-SCHOOL TIME
INITIATIVE
Susan Buchanan and Karen Luther, Purchasing Director, recommended award of the
contract to provide and implement the Rural Out -of -School Time Initiative in Washington
County to the responsive, responsible sole proposer, The Boys and Girls Club of
Washington County, Inc. for $105,000. Ms. Luther noted that the Local Management
Board and the Governor's Office for Children have approved the recommendation. The
service fulfills the requirements contained in Washington County's Community
Partnership Agreement for Fiscal Year 2017 with the Governor's Office for Children. The
contract tentatively begins August 1, 2016 and ends June 30, 2017, with an option by the
County to renew for up to one additional period through Fiscal Year 2018. Funding is
provided by the Governor's Office for Children. Ms. Buchanan described the services
provided under the contract, noting that the program traditionally has a waiting list of
applicants.
Commissioner Cline, seconded by Myers, moved to award the contract for the Provision of
the Rural Out -of -School Time Initiative in Washington County to the responsive,
responsible sole proposer, The Boys and Girls Club of Washington County, Inc. for
$105,000 as presented. The motion passed unanimously. (4-0, Commissioner Barr was
absent.)
CONTRCT AWARD — STOP LOSS INSURANCE COVERAGE
Karen Luther, Purchasing Director, and Steve Dillman, Account Executive for the
County's consultant, CBIZ Benefits & Insurance Services, Inc., presented the
recommendation to award of the contract for Stop Loss Insurance to Reliastar Life
Insurance Company (a member of the Voya family of companies) of Minneapolis,
May 24, 2016
Page 5
Minnesota, which submitted a proposal with no special terms for high claimants for a total
annual premium of $693,761 with specific stop loss at $175,000 per claimant. Ms. Luther
stated that nine firms requested bid documents and five submitted quotes to provide the
coverage. The firms then were provided additional information regarding a claimant with
extensive medical expenses that was a concern to many of the stop loss carriers; as a result,
the pricing was refreshed on May 13, 2016. The amount budgeted in Fiscal Year 2017 is
$15,151,081 based on an 8.91% increase to the Fiscal Year 2016 approved budget amount
of $13,911,308.
Mr. Dillman discussed the summary sheet and the specific stop loss involving claims
exceeding $175,000. The County would not be responsible for such claims since Reliastar
would accept that liability. Based on its size and risk profile, the County is advised to
remain at that amount. Mr. Dillman described the practice of "lasering" claims by stop -loss
insurance companies; however, Voya companies do not practice that method. Based on the
projected liability of this self-funded program, the aggregate liability is roughly $15.7
million. If County claims exceed that, the insurance company would be responsible for the
loss up to 125% of the expected liability.
Commissioner Myers, seconded by Cline, moved to award the contract for Stop Loss
Insurance to Reliastar life Insurance Company (a member of the Voya family of
companies) of Minneapolis, Minnesota, which submitted a proposal with no special terms
for high claimants for a total annual premium of $693,761 with specific stop loss at
$175,000 per claimant. The motion passed unanimously. (4-0, Commissioner Barr was
absent.)
DISABLED VETERANS' REAL PROPERTY TAX CREDIT ORDINANCE
Kirk C. Downey, Deputy County Attorney, reviewed a proposed Ordinance adopting the
Washington County, Maryland Disabled Veterans' Real Property Tax Credit. He advised
that the 2016 General Assembly passed enabling legislation allowing the County
Commissioners to provide a real property tax credit for the dwelling house of a disabled
veteran (having a 50% or more service -related disability) or the disabled veteran's
surviving spouse. The current ordinance allows a credit for veterans with a 100%
disability. The proposed ordinance implements the legislative authority granted and allows
for the issuance of tax credits to qualified veterans for the 2017 taxable year and beyond.
The Commissioners discussed the proposal including the estimated 564,000 veterans that
are eligible to participate and how they would learn of the program. Douglas Dellinger,
retired Commander, U.S. Navy, commented on the tax credit and the process to qualify
that includes a veteran's honorable discharge and certification of the disability percentage.
Commissioner Myers, seconded by Keefer, moved to adopt the Ordinance adopting the
Washington County, Maryland Disabled Veterans' Real Estate Property Tax Credit. The
motion passed unanimously. (4-0, Commissioner Barr was absent.) (Ordinance No. ORD -
2016 -12 is recorded among the Acts, Ordinances, and Resolutions of Washington County
and the original is located in the County Commissioners' Office.)
May 24, 2016
Page 6
CITIZENS' PARTICIPATION
Assistant County Administrator Sarah Sprecher introduced Randy Lohman, an intern this
summer in the Public Relations and Community Affairs Office, who attends Messiah
College. The Commissioners wished him well.
CONVENE IN CLOSED SESSION
Commissioner Cline, seconded by Myers, moved to convene in closed session at 11:16
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 of more specific individuals; to consult with staff,
consultants, or other individuals about pending or potential litigation; and to consult with
counsel to obtain legal advice on a legal matter, in accordance with Section 3-305(b) (1),
(7) and (8) 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 specific individuals to an advisory council over which the Commissioners have
appointment authority; discussed the potential appointment of specific individuals to an
advisory board over which the Commissioners have appointment authority; and discussed
with staff and counsel the specifics of an ongoing contractual/legal matter.
During closed session, the Commissioners instructed staff to bring forth the potential
appointments/reappointments to an advisory council over which the Commissioners have
appointment authority for further consideration and discussion and a possible vote during a
future open session meeting; instructed staff to bring forth the potential appointments to an
advisory board over which the Commissioners have appointment authority for further
consideration and discussion and a possible vote during a future open session meeting; and
provided specific direction to County staff/counsel as to how to proceed with the ongoing
contractual/legal issue.
Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline,
Wayne K. Keefer and LeRoy E. Myers, Jr. Also present were Gregory Murray, County
Administrator; Sarah Sprecher, Assistant County Administrator; Vicki Lumm, County
Clerk; John Martirano, County Attorney; and at various times Stephanie Stone, Director,
Health and Human Services; Eric Seifarth, Rural Land Preservation Administrator,
Planning and Zoning; Jim Sterling, Director, Public Works; James Hovis, Director,
Community Grant Management; and Debra Murray, Chief Financial Officer, Budget and
Finance.
ADJOURNMENT
Commissioner Cline, seconded by Myers, moved to adjourn at 11:48 a.m. The motion
passed unanimously.
May 24, 2016
Page 7
The County Commissioners hosted the annual Employee Service/Retirement Awards
luncheon at 12:00 p.m. at the Hager Hall Conference and Event Center, 901 Dual
Highway, Hagerstown. The Commissioners presented awards in appreciation to employees
for their years of service to Washington County Government and the following retirees
were recognized: Scott Canfield, Teddy Ellis, Sharon Mellott, Jim Wolfensberger,
Timothy Baker, Kenneth Cain, Robert Waugh, Daniel Shindle, Carol Miller, Michael
Shifler, Verna Brown, Ernest Shoemaker, George Miller, Keith Robinson, Jay Stenger,
John Webber, Tina Rupert, John Mellott, Brian Brandt, Peter Loewenheim, and David
Davis.
,'A) � i
Gr�ory 13. Yurray, Cot ty Administrator
John M. Martirano, County Attorney
Vicki C. Lumm, County Clerk
BOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
May 24, 2016
PUBLIC HEARING — TOWN GROWTH AREA COMPREHENSIVE REZONING
A public hearing of the Board of County Commissioners of Washington County,
Maryland, and the Washington County Planning Commission was convened at 6:06 p.m. at
the Washington County Free Library, 100 South Potomac Street, Hagerstown, to hear
testimony regarding the proposed Town Growth Area Comprehensive Rezoning. Present
were County Commissioners President Terry L. Baker, Vice President Jeffrey A. Cline and
Commissioner John F. Barr. Commissioners Wayne K. Keefer and LeRoy Myers, Jr. were
absent due to other commitments.
President Terry L. Baker reviewed the procedures for the Public Hearing and County Clerk
Vicki Lumm administered the oath to those who planned to give testimony. Stephen
Goodrich, Director, and Jill Baker, Chief Planner, Planning and Zoning, presented
information on the Town Growth Area Comprehensive Rezoning that involves the areas
outside the town limits of Hancock, Clear Spring, Smithsburg and Boonsboro.
The hearing was opened for public comment. Twelve individuals gave testimony and Eric
Davis (Exhibit # 1) and Fred Frederick (Exhibit # 2) submitted exhibits. After all testimony
was heard, Commissioner Baker announced that the record would remain open for seven
days to allow for the submission of any further comments.
The public hearing was closed at 7:11 p.m.
Gregory B. i Lffniy, County Administrator
John M. Martirano, County Attorney
Vicki C. Lumm, County Clerk