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HomeMy WebLinkAbout08.02.2016 Minutesk BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland August 2, 2016 INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Baker offered a moment of silence 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 10:59 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 from the meeting. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Jeff Cline thanked The Herald Mail and other parties involved with a recent open letter relating to ongoing issues/concerns with I-81 in Washington County. Commissioner Wayne Keefer reminded everyone of this evening's local National Night Out events. Commissioner Terry Baker reminded the group about this week's Clear Spring carnival. REPORTS FROM COUNTY STAFF Hagerstown Regional Airport Phil Ridenour, Director, Hagerstown Regional Airport, recommended a budget transfer for an environmental assessment and an airport layout plan that would be submitted to the Federal Aviation Administration to provide room for growth at the Hagerstown Regional Airport. In the Airport's current Capital Improvement Plan Project (CIP), $75,000 is reserved for a Fuel Pumping System upgrade. It is being recommended that the $75,000 be transferred from the Fuel Pumping System upgrade to the environmental assessment. Commissioner Myers, seconded by Keefer, moved to approve the budget transfer of $75,000 from the current Airport CIP budget, Fuel Pumping System upgrade, to the Hagerstown Regional Airport's environmental assessment account. Motion passed unanimously (4-0, Commissioner Barr was absent). County Administrator Greg Murray, County Administrator, stated that the County has entered into a new budget year and that new goals will be established in order to assure that Washington County Government will continue to run efficiently. Within the new operations of this fiscal year, the Fort Richie redevelopment project will begin. Mr. Murray reminded the group that the Maryland Associations of Counties' annual summer conference would be held in Ocean August 2, 2016 Page 2 City in two weeks. Mr. Murray thanked County staff and road crews for their hard work that has made County operations run smoothly during the summer months. Mr. Murray also reminded citizens that if they have problems or concerns they should contact County departments and to address those issues. Commissioner Jeff Cline Commissioner Cline reported that the Sheriff s Office and County recently received a grant award for the Day Reporting Center. He congratulated all for their efforts to obtain the grant funding. Countv Attornev — Salary Studv Commission Kendall McPeak, Assistant County Attorney, discussed the Salary Study Commission with the Commissioners. State law requires the constitution and appointment of the Salary Study Commission every four years. Statutorily designated groups have submitted individuals for the Commissioners' appointment. In addition to the designated members, the Commissioners will have to make one at -large appointment. The Commissioners will place this item on their August 23 agenda for further discussion. CHILD SUPPORT ENFORCEMENT AGENCY COOPERATIVE AGREEMENT APPROVAL TO SUBMIT APPLICATION Susan Buchanan, Community Grant Management, and Sergeant Valerie Buskirk, Sheriffs Office, recommended the submission of an application for the renewal of the Child Support Enforcement Agency Cooperative Agreement to the Maryland Department of Human Resources in the amount of $248,322 and to accept said funding if awarded. The request will reimburse the wage and benefit expenses of two full-time deputies and provide partial reimbursement of two part-time deputies and two Senior Office Associates. The Sheriffs Office is responsible for child support enforcement services, which include service of summons and warrants, location and relocation services, and security for court proceedings. The Office of Community Grant Management has reviewed and approved the application and program guidelines. The performance period of this agreement is for one year, beginning October 1, 2016 and running through September 30, 2017, and is renewable annually. There is no match requirement associated with the renewal of this agreement. Commissioner Cline, seconded by Commissioner Keefer, moved to approve the submission of the application for the renewal of the Child Support Enforcement Agency Cooperative Agreement to the Maryland Department of Human Resources requesting $248,322 and if awarded by the agency, to accept all said funding. Motion was passed unanimously (4-0, Commissioner Barr was absent). SENIOR CITIZEN ACTIVITIES CENTER OPERATING FUND GRANT APPLICATION Susan Buchanan and Amy Olack, Director, Washington County Commission on Aging, recommended the submission of a grant application for the Senior Citizen Activities August 2, 2016 Page 3 Center Operating Fund Grant to the Maryland Department of Aging in the amount of $171,000, and to accept any such funding as awarded. Ms. Buchanan stated that the funds will be used to create a continuous dual-purpose walking path located on the grounds of the Senior Center. The path will be part of the planned "Garden of Serenity" and will incorporate both a smooth walking path and a therapeutic reflexology path. Ms. Olack discussed the walking path with the Commissioners and showed an example photograph of the type of path proposed. The Commissioners discussed the item. Commissioner Myers, seconded by Commissioner Cline, moved to approve the submission of the grant application for the Senior Citizen Activities Center Operating Fund Grant to the Maryland Department of Aging in the amount of $171,000, and if awarded by the agency, to accept all said grant funding. Motion approved unanimously (4-0, Commissioner Barr was absent). DUVINAGE CONDITIONAL LOAN AGREEMENT MODIFICATION Kassie Lewis, Director, Business Development, presented the modified terms of Washington County's Conditional Loan Agreement with Duvinage, LLC. Ms. Lewis stated that the County provided a conditional loan to Duvinage, LLC (Duvinage) in April 2013 in the amount of $50,000. The terms of the Agreement required Duvinage to maintain 19 existing jobs and to create and fill at least 41 new permanent positions by December 31, 2015. At a minimum, Duvinage was to maintain 60 jobs from December 31, 2015 through December 31, 2017. The company has requested a two-year extension to the existing Agreement that would extend the job creation requirement until December 31, 2017 and the job retention requirement through December 31, 2019. Commissioner Cline, seconded by Keefer, moved to approve the modified terms of Washington County's Conditional Loan Agreement with Duvinage, LLC, as presented. The motion passed unanimously (4-0, Commissioner Barr was absent). TOWN GROWTH AREAS REZONING Jill Baker, Chief Planner, Planning and Zoning, discussed the Town Growth Areas zoning map and text amendments as presented during a May 24, 2016 public hearing, including those requests received during the public comment period. The Town Growth Area zoning map and text amendments are promulgated pursuant to the Comprehensive Plan recommendations and are ready for the County Commissioners' action. The Planning Commission and staff have prepared comprehensive rezoning proposals for the Boonsboro, Smithsburg, Hancock, and Clear Spring Town Growth Areas (TGA). The Planning Commission and staff received citizen comment during several public information meetings held in each town. After careful analysis and consideration of the public input, the Commission voted to recommend adoption of certain zoning map and text amendments to the Board of County Commissioners. In addition to the zoning map changes for individual properties, these amendments also include continued application of changes adopted as part of the Urban Growth Area Rezoning in 2012. Recommended amendments August 2, 2016 Page 4 in this proposal include the elimination of remaining obsolete zoning designations (A, C, RR, and HI -1); updating language throughout the Zoning Ordinance to reflect the elimination of the aforementioned districts; assignment of zoning districts on certain properties with obsolete zoning districts; and adjustment of various Growth Area boundaries. These amendments were the topic of the May 24 public hearing. Ms. Baker sought Board guidance on individual Town Growth Area requests: Boonsboro 1. Eugene Stone Property is currently zoned A. The proposed zoning is RT and the requested zoning is A. The owner is not interested in developing the land. Staff recommendation is to zone RT or P. It was the consensus of the Commissioners to rezone the property to RT. 2. 7830 Old National Pike Property is currently zoned A with a proposed zoning of RT. The requested zoning is A. The owner would like to maintain agricultural and animal husbandry uses existing on the property. Staff Analysis is the property will maintain the ability to continue agricultural and animal husbandry uses under the new RT zoning. Staff recommendation is RT zoning. It was the consensus of the Commissioners to rezone the property to RT. 3. 6619 King Road Property is currently zoned A. The proposed zoning is RT and the requested zoning is A. The owners are concerned that property taxes will increase and they will be required to connect to public water and sewer. Staff analysis is that the property is currently assessed Residential and that category would not change under the RT zoning. Public water and sewer hook ups are not part of this rezoning process. Staff recommendation is RT zoning. It was the consensus of the Board to zone the property to RT. Clear Sorina 1. 13120 Clear Spring Road property is currently zoned HI -1 with a proposed zoning of HI. It is requested that the property be zoned HI. This is an existing commercial use. Staff analysis is that the property owner received a letter indicating that part of the property was proposed to A(R). This was an error and the property is to be classified as HI. Staff recommends the HI zoning. It was consensus of the Board to zone the property to HI. Hancock 1. 14701 Warfordsburg Road property has a current zoning of HI -1 and a proposed zoning of RT. The requested zoning is EC because the owner wants the property to remain rural and is concerned about connection to public water and sewer. Staff analysis is that the property is immediately adjacent to the Town limits. It is surrounded by proposed HI zoning to the north, an area that has long been established as an employment area by the Town of Hancock. Staff recommends the zoning of RT. It was the consensus of the Board to rezone the property as RT. 2. Ms. Iden (Tulip Lane) requested that all properties in the vicinity of Sensel Road, Robinson Rd, Hess Road, and Tulip Lane remain unchanged in lot size, setbacks and all other bulk requirements. Staff analysis is that the Conservation zoning August 2, 2016 Page 5 district is being eliminated. Environmental Conservation is the closest equivalent to the existing zoning in this area. The recommendation is to apply EC zoning. It was the consensus of the Board to rezone the area as EC. Smithsbura 1. Cloverly Hill LLC property is currently zoned AR; the proposed zoning is RT and the requested zoning is RT/BL. The Owner is requesting approximately 12 acres of the parcel closest to its intersection with MD 491 to be zoned BL. Staff thinks there is no defined metes and bounds area for this request. The request is not consistent with the County or Town of Smithsburg Comprehensive Plans. Staff recommends the RT zoning. It was the consensus of the Board to rezone the property as RT. 2. Cavetown Planing LLC is currently zoned RS; the proposed zoning is RS and the requested zoning is IG. The property is part of the overall operations of the planning mill. Staff recommendation is IG. The consensus of the Board is to rezone the property IG. 3. Cavetown Planing LLC property is currently zoned RR; proposed zoning is RT and the requested classification is IG as the property is part of the planing mill. The property is part of a residential subdivision. While providing access to the larger parcels allowing IG uses on this parcel, could have negative impacts on the existing residential area. Staff recommends RT zoning. It is the consensus of the Board to zone the property as IG. 4. 12143 Crystal Falls Drive is currently zoned C; the proposed zoning is RT and the requested zoning is C. There are environmental issues such as wetlands and floodplain areas that should be protected. Staff analysis is that the Conservation zoning district is being eliminated and the RT zoning district is the most compatible with existing development in the area. Environmental conditions such as wetlands and floodplain are considered as part of any development and not governed by zoning classification. Staff recommends the RT zoning. It was consensus of the Board to zone the property as RT. 5. 22637 Cavetown Church Road property is currently zoned RR, is proposed to be RT, and is requested to be BL. The property has good road frontage and access to public water and sewer facilities. The property does have a large amount of road frontage onto MD 64, is adjacent to public water and sewer facilities, and is adjacent to both residential and commercial uses. Staff recommends a BL classification. It was consensus of the Board to zone the property as BL. 6. 12551 Bradbury Avenue is currently zoned RS/A. The proposed classification is RS and the requested zoning is A. The property has no utility crossing and is used for crop and livestock purposes. A portion of the property is currently zoned RS and is being used for Agricultural purposes. Extending RS to the entire property will not affect the agricultural uses on the property. Staff recommends a classification of RS. The consensus of the Board is to zone the property RS. 7. 12601 Bradbury Avenue is currently zoned RS. The zoning proposed is RS and the requested zone is A. The property has a house and barn and is only used for agricultural purposes. Staff recommends RS. It was the consensus of the Board to zone the property as RS. August 2, 2016 Page 6 8. 12543 Bradbury Avenue is currently zoned RS, is proposed to be zoned RS, and is requested to be RS. No change is requested. It was the consensus of the Board to zone the property as RS. 9. 12529 Bradbury Avenue is currently zoned as RS/A. It is proposed to be BL and is requested to be classified as A. There is no business located on the property and it is only being used for agricultural purposes. The property contains a residence and a portion of a parking lot for a funeral home. It is currently assessed as Residential. Staff recommends RS zoning. It is the consensus of the Board to zone the property RS. 10. 12525 Bradbury Avenue is zoned RS. It was previously zoned BL and the requested zoning is RS. The property is primarily used as a residence. This property also contains an existing funeral home. The property is currently being assessed Commercial and rezoning the property to RS would result in the business being a non -conforming use. Staff recommends BL. It was the consensus of the Board to zone the property BL. 11. Parcel 167 is currently zoned AR and proposed to be RS. It is requested to be A. The property is currently used for agricultural purposes and has no utilities. This property is vacant and is currently being assessed as residential use. A change in zoning will not affect taxes or its current use. Staff recommends RS. It is the consensus of the Board to zone the property RS. 12. Bowman Cavetown LLC is currently zoned RR/BL. The BL classification is proposed and requested. The owner supports the recommendation to rezone the property entirely to BL. Staff recommends BL, which would be consistent with the neighborhood. It is the consensus of the Board to zone the property to BL. The Board directed staff to prepare the final draft of the Town Growth Areas zoning map and text amendments. They further directed staff to take any associated amendments to the Comprehensive Plan to public hearing and to take any steps necessary to finalize the Town Growth Area comprehensive rezoning. CITIZENS' PARTICIPATION No citizens were present who wished to participate. CONSTRUCTION BID AWARD — EXTERIOR PAINTING PROJECT COUNTY OFFICE BUILDING, 33-35 WEST WASHINGTON STREET Scott Hobbs, Deputy Director, Engineering and Construction Management, recommended award of a contract for the 33-35 West Washington Street Exterior Painting project to the lowest, responsive, responsible bidder, Mediterranean Construction Company, Inc. of Baltimore, Maryland, for the amount of $58,700.00. Four bids were received on Friday, July 15, 2016. The work at the Washington County Office Building involves the cleaning, scraping, and painting of all wood and metal on the building including windows, doors, frames, copings, vents, flashing, hangers, soffits, gutters, downspouts, trim, and molding. It also involves the removal of lead-based paint in areas identified in the analysis report. August 2, 2016 Page 7 Sidewalk closures along West Washington Street will be coordinated with the City of Hagerstown. This is a 50 consecutive calendar day contract and the project is tentatively scheduled to start in early August. Commissioner Myers, seconded by Cline, moved to award the contract for the 33-35 West Washington Street Exterior Painting project to the lowest responsive, responsible bidder, Mediterranean Construction Company, Inc. of Baltimore, Maryland in the amount of $58,700.00. Motion passed unanimously (4-0, Commissioner Barr was absent). SOLE SOURCE PROCUREMENT - RECORDING EOUIPMENT FOR DIVISION OF EMERGENCY SERVICES Rick Curry, Buyer, Purchasing, and Joshua O'Neal, Deputy Director, Information Systems, recommended a Sole Source procurement of NICE recording equipment (PUR- 1325) for use by the Division of Emergency Services (DES) in the amount of $143,500.00 from NICE of Paramus, New Jersey, based on its written proposal dated March 31, 2016. On April 19, 2016, the Office of Community Grant Management was given approval by the Board of County Commissioners to submit a grant application to the Emergency Number Systems Board in the amount of $143,500.00 for the equipment to be purchased for DES; the Emergency Number Systems Board subsequently approved the requested grant. Pursuant to Sections 1-106.2(a)(1) & (2) of the Code of Public Local Laws of Washington County, Maryland, a sole source procurement may be authorized and permissible when: (1) only one source exists that meets the County's requirements, and the compatibility of equipment, accessories, or replacement parts is the paramount consideration. DES is requesting permission to purchase and install two telephony -logging recorders and two archiving storage servers. One telephony logging recorder and archiving storage server will be housed at the primary Public Safety Answering Point located at Elliott Parkway in Williamsport, Maryland, and the other recorder and storage server will be located at the Backup PSAP located at 120 West Washington Street, Hagerstown, Maryland. If approved, the order will be submitted for the recorders and archiving servers and it will take about two months to receive and install the equipment. Commissioner Cline, seconded by Keefer, moved to approve/award the Sole Source procurement of NICE recording equipment for use by DES in the amount of $143,500.00 from NICE of Paramus, New Jersey, based on its proposal dated March 31, 2016 and pursuant to the pertinent sections of the Code of Public Local Laws as presented. The motion passed unanimously (4-0, Commissioner Barr was absent). CONSTRUCTION BID AWARD — FUEL CENTERS — EASTERN AND CENTRAL SECTION — HIGHWAY DEPARTMENT MAINTENANCE FACILITIES Scott Hobbs, Deputy Director, Engineering and Construction Management, recommended award of a contract for the Fuel Centers at the Eastern Section and Central Section Highway Maintenance Facilities to the lowest responsive, responsible bidder, Total Environmental Concepts, Inc. of Hanover, Maryland, in the amount of $1,465,081.81, which includes the base bid and all, add alternates. The project will involve the August 2, 2016 Page 8 construction of a fuel center at the Eastern Section Highway Maintenance Facility located on Greensburg Road in Smithsburg, Maryland, the construction of a fuel center at the Central Section Highway Maintenance Facility located on Northern Avenue in Hagerstown and upgrades to the fuel center at Southern Section Highway Maintenance Facility located on Coffman Farms Road in Keedysville. The work for the new fuel center projects includes removal of underground storage tanks, soil remediation, installation of above ground fuel tanks, steel canopies, dispenser islands, new fuel dispensers with fleet management and monitoring system, motorized vehicle access gate with electronic controls (Eastern Section only), security cameras, and lighting. The underground fuel tanks at the Eastern and Central Sections will be permanently decommissioned per Maryland Department of the Environment requirements. The work at the Southern Section will involve the installation of a Diesel Exhaust Fluid tank. This is a one hundred and eighty (180) consecutive calendar day contract and the project is tentatively scheduled to start in the middle of August. Commissioner Myers, seconded by Keefer, moved to award the contract for the Fuel Centers at the Eastern Section and Central Section Highway Maintenance Facilities and the upgrades for the Southern Section to the lowest responsive, responsible bidder, Total Environmental Concepts, Inc. of Hanover, Maryland, in the amount of $1,465,081.81, which includes the base bid and all add alternates. Motion passed unanimously (4-0, Commissioner Barr was absent). FEE SIMPLE DEDICATION OF LAND AND ROADWAY TRANSFER AGREEMENT WITH THE TOWN OF SMITHSBURG Susan Small, Real Property Administrator, and Robert Slocum, Director, Engineering and Construction, presented a proposal to 1) dedicate two narrow portions of adjoining land, containing an aggregate area of 2,952 sq. ft. which is part of the area shown on Subdivision Plat No. 5755 labeled "30' R/W To Be Dedicated to the Public," and the conveyance of same to the Town of Smithsburg, and 2) approve a Road Transfer Agreement between the County and the Town for the transfer of 0.13 miles (92,155 SF) of East Water Street from the County to the Town. Through discussions with the Mayor of Smithsburg and County officials, an agreement has been reached, subject to the approval of the Commissioners, to transfer property containing Right of Way of the former Maryland Route 491 (East Water Street) and two narrow portions of adjoining land, containing an aggregate area of 2,952 SF, to the Town for no monetary consideration. The Town has determined that it is in its best interest to accept title to, exercise jurisdiction over, and assume responsibility for maintenance of the said portion of East Water Street to be conveyed and to incorporate the said roadway into the Town's street system. If approved by the Commissioners, the County will repair and pave the roadway this summer and will subsequently convey the said roadway to the Town as provided for the Road Transfer Agreement. The Commissioners discussed the item. Commissioner Myers made a motion to approve the request/proposal as presented. The motion died due to a lack of a second. August 2, 2016 Page 9 CONVENE IN CLOSED SESSION Commissioner Keefer, seconded by Cline, moved to convene in closed session at 1:04 p.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; or 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; to consult with counsel to obtain legal advice on a legal matter; before a contract is awarded or bids opened, to discuss a matter directly related to a negotiating strategy or contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process; to consult with staff, consultants, or other individuals about pending or potential litigation; and to consider the acquisition of real property for a public purpose and matters directly related thereto, in accordance with Section 3-305(b) (1) of the General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously (4-0, Commissioner Barr was absent). In closed session, the Commissioners discussed several personnel recommendations/ matters with County staff, discussed a specific personnel matter and related staffing issues with County staff, discussed staff recommendations relating to negotiating/advertising strategy as its relates to potential proposals; discussed various issues relating to a business entity's proposal to expand its ongoing business operations in the County; discussed issues relating to an ongoing contractual matter that may give rise to litigation; and considered specific details regarding the potential acquisition of real property located in the County that could potentially be needed for public use. During closed session, the Commissioners provided direction to County staff regarding several personnel matters/recommendations; provided instruction to County staff regarding a specific personnel issue/staffing recommendation; provided staff with direction concerning the negotiating strategy/process for the seeking of potential proposals; requested additional information relating to a business entity's proposal to potentially expand its business operations in the County; provided direction to staff relating to an ongoing contractual matter; and requested additional information relating to the potential acquisition of real property located in the County that may be needed for public use. 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; Sarah Sprecher, Assistant County Administrator; Katie Yoder, Executive Assistant; John Martirano, County Attorney; Kirk C. Downey, Deputy County Attorney; Kendall McPeak, Assistant County Attorney; Debra Peyton, Human Resources; Susan Small, Real Property Administrator, and Robert Slocum, Director, Engineering and Construction; Angela Smith, Deputy Director, Permitting; Debra Murray, Chief Financial Officer, Budget and Finance; Lindsay Rader, Bond Counsel; Kassie Lewis, Director, Business Development; Phil Ridenour, Director, Hagerstown Regional Airport; and Jim Sterling, Director, Public Works. August 2, 2016 Page 10 ADJOURNMENT Commissioner Myers, seconded by Cline, moved to adjourn at 2:55 p.m. The motion passed unanimously. Gregory . Murray, ounty Administrator John M. Martirano, County Attorney }� !t Katie R. Yoder, Exec ive Assistant