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HomeMy WebLinkAbout11.01.2016 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland November 1, 2016 INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner John F. 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 10:16 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 — OCTOBER 25, 2016 Commissioner Keefer, seconded by Barr, moved to approve the minutes of October 25, 2016. The motion passed with Commissioners Keefer, Barr, Cline and Baker voting "AYE" and Commissioner Myers "ABSTAIN." COMMISSIONERS' REPORTS AND COMMENTS Commissioner Barr thanked all citizens involved in the reinstatement of the Community Volunteer Fire Company of District 12 (formerly Fairplay Volunteer Fire Company). A "Back in Service" ceremony was held October 29. Commissioner Myers discussed the reinstatement of Company 12 and congratulated all involved in those efforts. Commissioner Cline reiterated the comments of his fellow Commissioners regarding Company 12. He thanked the County's Highway Department staff for preparing the Alsatia Mummers Parade vehicle for the Commissioners on their own time. Commissioner Keefer commented on the reinstatement of Company 12. He reported touring the Humane Society of Washington County with Director Kim Intino. Commissioner Baker also congratulated Company 12 for being back in service. He reported on ribbon -cutting ceremonies at Holcim Cement for its plant modernization and Horizon Goodwill for its new solar panel installation. Mr. Baker thanked the Highway Department for preparing the Alsatia Mummers Parade vehicle and the Alsatia Club for sponsoring its 91 st parade. REPORTS FROM COUNTY STAFF County Administrator — Hirina of Lobbyist for Countv Legislative Issues County Administrator Greg Murray discussed a letter of proposal from lobbyist Bruce Bereano to represent Washington County's legislative needs during the upcoming November 1, 2016 Page 2 legislative session in Annapolis. Mr. Bereano represented the County last year and is offering to provide the same services at the same fee of $10,000 including any reasonable expenses. The Commissioners discussed Mr. Bereano's proposal. Commissioner Myers, seconded by Cline, moved to approve entering into an agreement with lobbyist Bruce Bereano for $10,000 as set forth in his letter of proposal to the Commissioners. The motion passed unanimously. WEDDLE CONSERVATION RESERVE ENHANCEMENT PROGRAM EASEMENT Eric Seifarth, Rural Preservation Administrator, and Chris Boggs, Land Preservation Planner, Planning and Zoning, requested approval of the James K. and Bonnie J. Weddle and Jeremiah A. and Janelle R. Weddle Conservation Reserve Enhancement Program (CREP) Easement Project to be fully donated by the landowners for no monetary consideration. The easement property consists of 20 acres located at 9313 Garis Shop Road, Hagerstown, and is valued at $48,084. Eric Seifarth described the CREP that serves to buffer waterways and highly erodible areas. A landowner must first enter into a fifteen - year contract with the federal government to be eligible to apply for a permanent easement under this program. Purchased easements are only in the Rural Legacy Area; outside those areas, they must be donated. CREP funds are derived mainly from Program Open Space funds. The County and the Department of Natural Resources will jointly hold the easement. Chris Boggs described the property that is mostly a wooded area along the Antietam Creek. (Commissioner Myers left the meeting at 10:29 a.m.) Commissioner Cline, seconded by Keefer, moved to approve the James K. and Bonnie J. Weddle and Jeremiah A. and Janelle R. Weddle Conservation Reserve Enhancement Program Project which is an easement covering 20 acres to be fully donated by the property owners as presented, to adopt an ordinance approving the donation of the easement, and to authorize the execution of all documents as may be necessary to complete the easement acquisition. The motion passed unanimously. (4-0, Commissioner Myers was absent during the vote.) (Ordinance No. ORD -2016-22 is located in the County Commissioners' Office.) KEFAUVER-CANFIELD RURAL LEGACY PROGRAM EASEMENT Chris Boggs recommended approval of the William Neill Kefauver and John Wayne Canfield Rural Legacy Program (RLP) Easement Project for $131,850 covering 44.95 acres located at 18377 Mansfield Road, Sharpsburg. The RLP easement will protect three agricultural fields, would further buffer a stream protected by a CREP easement and fill an unprotected gap in the preservation of the Antietam Battlefield. The County has been awarded nearly $18 million since 1998 to preserve more than 5,600 acres in the Rural Legacy area. RLP funds are 100% State funds. The property has an existing CREP November 1, 2016 Page 3 easement and these remaining lands proposed for an RLP easement will encumber the entire area. The Commissioners discussed the CREP and RLP easement programs with Mr. Seifarth and Mr. Boggs. Commissioner Cline, seconded by Barr, moved to approve the William Neill Kefauver and John Wayne Canfield Rural Legacy Program (RLP) Easement Project for $131,850 as presented, to adopt an ordinance approving the purchase of the easement, and to authorize the execution of all documents as may be necessary to complete the acquisition of the easement. The motion passed unanimously. (4-0, Commissioner Myers was absent during the vote.) (Ordinance No. ORD -2016-23 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) MYRON AND FERN MILLER INSTALLMENT PAYMENT PROGRAM EASEMENT Eric Seifarth and Chris Boggs requested approval of the Myron and Fern Miller Installment Payment Program (IPP) Easement Project for $270,000 plus interest at the rate of 2%, to be paid in installments over a ten-year period, covering 71.25 acres. The property located at 22408 Ringgold Pike, Hagerstown, will protect 66 acres of tillable cropland. The IPP was established in 2005 as an additional method for the County to procure easement land as part of its continuing efforts to attain a goal of permanently preserving 50,000 acres in the County. Participants are selected from ranked applications for Maryland Agricultural Land Preservation Program easements and are paid in installments over a ten-year period. Six development rights will be extinguished with the easement. The program is funded by the County's real estate transfer tax; the first $400,000 of real estate transfer tax collected each year is dedicated to the IPP program. (Commissioner Myers returned to the meeting at 10:40 a.m.) Commissioner Cline, seconded by Keefer, moved to approve the Myron and Fern Miller Installment Payment Program (IPP) Easement Project for $270,000, plus interest at the rate of 2%, to be paid in installments over a ten-year period as presented, to adopt an ordinance approving the purchase of the easement, and to authorize the execution of all documents as may be necessary to complete the purchase/acquisition. The motion passed unanimously. (Ordinance No. ORD -2016-24 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) JAY AND ROBIN MILLER INSTALLMENT PAYMENT PROGRAM EASEMENT Chris Boggs requested approval of the Jay and Robin Miller Installment Payment Program (IPP) Easement Project for $673,500 plus interest at the rate of 2%, to be paid in installments over a ten-year period covering 117.3 acres, paid for by the County's Real Estate Transfer Tax. The property is located at 16606 Shaffer Road, Sharpsburg. The easement will protect 120 acres of tillable cropland. The farm is listed on the Maryland Inventory of Historic Places and includes a stone barn dating to 1818. Six development November 1, 2016 Page 4 rights will be extinguished with this easement. IPP participants are selected from ranked applications for Maryland Agricultural Land Preservation Program easements and are paid in installments over a ten-year period. Commissioner Keefer, seconded by Cline, moved to approve the Jay and Robin Miller Installment Payment Program (IPP) Easement Project for $673,500 plus interest at the rate of 2%, to be paid in installments over a ten-year period as presented, to adopt an ordinance approving the purchase of the easement, and to authorize the execution of all such documents as may be necessary to complete the acquisition/purchase. The motion passed unanimously. (Ordinance No. ORD -2016-25 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) SALGADO INSTALLMENT PAYMENT PROGRAM EASEMENT Chris Boggs requested approval of the Marie E. Salgado Installment Payment Program (IPP) Easement Project for $543,287.87 plus interest at the rate of 2%, covering 162.78 acres. The property is located at 14405 Saint Paul Road, Clear Spring. This easement will protect 144 acres of tillable cropland and a historic cemetery. Seven development rights will be extinguished with this easement. Mr. Boggs advised the property has an existing 17.1 -acre CREP easement. This easement covers the entire property including the CREP easement and payment for that portion would be deducted from the total value of this easement property. Commissioner Keefer, seconded by Cline, moved to approve the Marie E. Salgado Installment Payment Program (IPP) Easement Project for $543,287.87 plus interest at the rate of 2%, to be paid in installments over a ten-year period as presented, to adopt an ordinance approving the purchase of the easement, and to authorize the execution of all such documents as may be necessary to complete the acquisition/purchase. The motion passed unanimously. (Ordinance No. ORD -2016-26 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) CONSTRUCTION BID AWARD — SOUTHERN BOULEVARD Scott Hobbs, Deputy Director, Engineering and Construction Management, recommended award of the contract for the Southern Boulevard Roadway Project to the lowest responsive, responsible bidder, C. William Hetzer, Inc. of Hagerstown, Maryland, for $6,881,500.05 and to accept State funding for work within State Highway Administration (SHA) rights of way not to exceed $2,300,000. Conditional award of the contract is contingent upon receiving concurrence in award from the SHA. The project involves the construction of Southern Boulevard, a new one-half mile long roadway that will connect East Oak Ridge Drive to U.S. Route 40 Alternate (Frederick Street). Mr. Hobbs described the project that will relieve traffic congestion and is scheduled to begin in early December 2016. The County will be reimbursed by the SHA for up to $2.3 million of work within the SHA right-of-way at Frederick Street. The Commissioners discussed the project. November 1, 2016 Page 5 Commissioner Cline, seconded by Barr, moved to award the contract for the Southern Boulevard Roadway Project to the lowest responsive, responsible bidder, C. William Hetzer, Inc. of Hagerstown, Maryland, for $6,881,500.05 and to accept State funding for work within State Highway Administration (SHA) rights of way not to exceed $2,300,000, contingent upon receiving concurrence in award from the SHA. The motion passed unanimously. INTERGOVERNMENTAL COOPERATIVE PURCHASE OF FURNITURE TO ACCOMMODATE THE 100 WEST WASHINGTON STREET BUILDING RENOVATION Karen Luther, Purchasing Director, and Brennan Garrett, Senior Architectural Project Manager, Engineering and Construction Management, requested authorization by formal resolution the Intergovernmental Purchase and installation of furniture via the National Joint Powers Alliance contract with Hyperspace (a division of OSI of Hagerstown) of Hagerstown, Maryland, for $113,528.85 as identified in Hyperspace's Quote Number 17094 dated October 17, 2016 and Quote Number 17096 dated October 13, 2016. Hyperspace is the authorized vendor for Steelcase and an authorized vendor for HON under The Cooperative Purchasing Network. Ms. Luther described the Intergovernmental Purchase guidelines that allow the County to use this process to attain cost benefits and/or administrative efficiencies and savings. As part of the renovations to the County Administration Building at 100 West Washington Street, upgrades in the building and enhancements in customer service, accessibility and security are being made that necessitate the reconfiguration of office space and the purchase of furniture systems to accommodate the new offices of the County Commissioners, County Administrator and staff, County Clerk, County Attorney and staff and a new expanded public meeting room. Commissioner Myers, seconded by Barr, moved to authorize by formal resolution the Intergovernmental Purchase and installation of furniture via the National Joint Powers Alliance contract with Hyperspace (a division of OSI of Hagerstown) of Hagerstown, Maryland, for $113,528.85 as identified in Hyperspace's Quote Number 17094 dated October 17, 2016 and Quote Number 17096 dated October 13, 2016. The motion passed unanimously. (Resolution No. RS -2016-19 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) The Commissioners discussed the status of the construction project at the County Administration Building. Brennan Garrett, Senior Project Manager, Engineering and Construction Management, advised that the facilities should be ready for occupancy in January 2017. INTERGOVERNMENTAL COOPERATIVE PURCHASE OF INTEROPERABLE RADIO EOUIPMENT FOR WASHINGTON COUNTY EMERGENCY SERVICES Karen Luther and Charles Summers, Deputy Director, Emergency Services, recommended authorization by formal Resolution the Intergovernmental Cooperative Purchase of Fixed and Portable Radio Equipment to provide for Interoperability between the Washington November 1, 2016 Page 6 County UHF Radio System and the State of Maryland's new 700 MHz Radio System, consisting of Multi -Band subscriber radios (and accessories) along with Consolettes Radios from Motorola Solutions, Inc. of Columbia, Maryland, at contracted unit prices totaling $216,728.72 based on the contract awarded by the City of Baltimore, Maryland (07-14145/MJR). In 2015, the Maryland Emergency Management Agency (MEMA) awarded Washington County $150,000.00 to assist in developing an interoperability solution between Washington County's UHF Radio system and the State's New 700 MHz Radio System. Charles Summers discussed the MEMA award to Washington County that provided an additional $66,000.00 for the same initiative. The radio equipment requested is needed to provide that connectivity and interoperability to the State of Maryland's new 700 MHz, radio system which is due to be in operation in Washington County in 2017. Ms. Luther stated that the County receives an 80/6-28% discount by using the Intergovernmental Cooperative Purchase Program. Ms. Summers described the radio system and the $150,000 funding provided in 2015 by the Maryland Emergency Management Agency to assist in developing an interoperability solution. The Commissioners discussed the associated savings and advantages of using the system. Commissioner Barr, seconded by Myers, moved to authorize by formal resolution the Intergovernmental Cooperative Purchase of Fixed and Portable Radio Equipment to provide for Interoperability between the Washington County UHF Radio System and the State of Maryland's new 700 MHz Radio System, consisting of Multi -Band subscriber radios (and accessories) along with Consolettes Radios from Motorola Solutions, Inc. of Columbia, Maryland, at contracted unit prices totaling $216,728.72 based on the contract awarded by the City of Baltimore, Maryland. The motion passed unanimously. (Resolution No. RS -2016-20 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) Mr. Barr advised that he would not be participating in the discussion of the following agenda item due to his business interests. PERMIT FEE SCHEDULE ADJUSTMENT Rob Slocum, Director, Engineering and Construction Management, and Angela Smith, Deputy Director, Permitting, presented proposed fee schedule modifications for the Permit Department. Mr. Slocum discussed the adjustments that were partially derived from citizen feedback pertaining to fee schedules for various building, electrical, plumbing and mechanical permits. Each fee schedule is intended to represent a significant portion of the cost incurred by the County to permit and inspect the work being proposed. The proposed electrical fee changes are a reduced fee for above ground residential pools, additional commercial amperage on the same service, and fewer commercial outlets for a single permit application only. The four proposed mechanical fee changes would serve to make all charges for dwelling units (single and multi -family) consistent under individual permits for each dwelling unit. The modifications would result in a revenue reduction of approximately $16,000; however, additional participation in the permit and inspection process is anticipated to reduce that expense to approximately $10,000. November 1, 2016 Page 7 The Commissioners discussed the proposal. Commissioner Myers questioned the higher fees for inspecting LP gas tanks for commercial facilities as compared to residential. Commissioner Keefer commended the new fees that represent a savings to customers and noted that they should help to increase participation in the process. It was the consensus of the Commissioners (Baker, Cline, Myers and Keefer) to take to the reduced fee proposal to public hearing subject to Rob Slocum reviewing the Commissioners' comments regarding commercial and residential LP gas inspection fees. CONTRACT AWARD — GASOLINE AND DIESEL FUEL DELIVERIES Rick Curry, Buyer, Purchasing, presented the recommendation to award the Gasoline and Diesel Fuel Deliveries contracts (PUR 1329) to the responsive, responsible bidders who submitted the lowest bids as follows: 1) Gasoline and Diesel Tank -Wagon Deliveries — A C &T Company, Inc. of Hagerstown, Maryland, at the unit prices stated in its bid - $116,960.56; Gasoline Transport Deliveries — Papco, Inc. of Aston, Pennsylvania, at the unit prices stated in its bid - $573,073.24; and Diesel Transport Deliveries to IPC (USA), Inc. of Columbia, Maryland, at the unit prices stated in its bid - $952,033.82. Mr. Curry advised that this requirements contract guarantees neither a maximum nor a minimum quantity of deliveries. He provided specifics of the contracts and bids received. The contract period tentatively begins December 1, 2016 and ends November 30, 2017. Contracts are for a one-year term with no option to renew. These are requirements contracts and the County guarantees neither a maximum nor a minimum quantity. Commissioner Cline proposed using Option 2 with a single contract award of $1,763,122.71 to A.C. & T. Co., Inc. of Hagerstown, Maryland. Mr. Curry advised that Option 2 is 1.3% higher than what was proposed in Option 1. The Commissioners discussed the Option 2 proposal as it involves an award to a local business. Commissioners Myers and Keefer expressed their desire to consider a local preference policy in the future that may assist local companies and the local economy. Commissioner Myers, seconded by Keefer, moved to approve Option 2 for $1,763,122.71 to A.C. & T. Co., Inc. of Hagerstown, Maryland, for combined Bulk Gasoline and Diesel Fuel Deliveries. County Attorney John Martirano suggested that no formal action be taken today so that staff can have an opportunity to review the two options before the award. Mr. Curry advised that upon recommendation by the County Commissioners, the bidding was reformulated last year to provide an Option 1 and Option 2. He stated that this is how the bid was written. Mr. Martirano advised that since the bid clearly provided for an Option 1 and Option 2, the Commissioners may move to approve either option today. The motion passed unanimously. TRANSFER STATIONS SAFETY UPGRADES BID REJECTION Rick Curry and Dave Mason, Deputy Director, Water Quality, recommended that the County Commissioners reject the bid for Transfer Stations Safety Upgrades (PUR-1323) from Building Systems Inc. of Hagerstown, Maryland (Building Systems), the sole bidder, due to its bid of $360,725 that exceeds the budget for the project. The project involves the November 1, 2016 Page 8 installation of standard three -strand cable median barriers in front of the trash bin containers located at the Greensburg, Kaetzel, Dargan and Hancock Transfer Stations as recommended by the Maryland Occupational Safety and Health Division. Commissioner Myers, seconded by Barr, moved in the best interest of the County to reject the bid for Transfer Stations Safety Upgrades due to the bid exceeding the budget for the project. The motion passed unanimously. CITIZENS' PARTICIPATION Angie Harsh, 11826 Peacock Trail, Hagerstown, commented on a dog being held by the Humane Society of Washington County. TEMPORARY LOAN FOR ACQUISITION OF THE ARTZ PROPERTY, ET AL. TOWN OF FUNKSTOWN Paul Crampton, Jr., Mayor, and Brenda Haynes, Administrator, Town of Funkstown, presented a proposal that the Town borrow monies from the County to purchase the Artz farm property for $779,380 and the 65 Old National Pike property for $200,000 to add to the Town's existing park land. The Artz farm consists of 41.02 acres and 65 Old National Pike 3.5 acres. The two parcels would be annexed into the Town of Funkstown. The Town is proposing to borrow the money under a ten-year loan from the County to the Town to be paid by a one-time grant of $389,690 from the Land and Water Conservation Fund (LWCF) with the remainder to be paid over a ten-year period from future Program Open Space (POS) funding. The Town would be responsible for the full repayment of the loan amount with an interest rate to be determined by the County. The Commissioners discussed the Town's proposal with Public Works Director Jim Sterling. He advised that a POS funding allocation of $62,000 was approved this year for the acquisitions. The County is now required to use 25% of its POS funding allocation toward acquisitions. Similar arrangements have been made previously with the City of Hagerstown and Town of Boonsboro. Mr. Sterling stated that the County is low on the number of recreational fields and this acquisition would help that situation. The Commissioners discussed the fact that all County citizens would be able to use the park. County Administrator Greg Murray stated that funds would be taken from the County's general fund reserves for a ten-year period at the rate of I% interest. Commissioner Barr, seconded by Myers, moved to approve a loan of up to $1 million from the County's general fund reserves to the Town of Funkstown for ten years at a I% interest rate to be used by the Town to purchase the Artz Farm property for $779,380 and the 65 Old National Pike property for $200,000. The motion passed unanimously. CONVENE IN CLOSED SESSION Commissioner Myers, seconded by Keefer, moved to convene in closed session at 12:13 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; any other personnel November 1, 2016 Page 9 matter that affects one or more specific individuals, in accordance with Section 3-305(b) (1) of the General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners considered a specific personnel/position recommendation; discussed the potential reappointment of several individuals to a local board over which the Commissioners have appointment authority; and discussed a specific personnel matter with staff. During closed session, the Commissioners provided direction to staff regarding a personnel recommendation; instructed staff to bring forth the potential reappointments to a local 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 guidance to and requested additional information from staff regarding an ongoing personnel matter. Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline, John F. Barr, Wayne K. Keefer and LeRoy Myers, Jr. Also present were Gregory B. Murray, County Administrator; Vicki C. Lumm, County Clerk; John M. Martirano, County Attorney; Kirk C. Downey, Deputy County Attorney, and at various times Debra Peyton, Benefits Administrator, Health and Human Services; Angela Smith, Deputy Director, Permitting; and Rob Slocum, Director, Engineering and Construction Management. ADJOURNMENT Commissioner Myers, seconded by Keefer, moved to adjourn at 1:21 p.m. The motion passed unanimously. Gre�ory B. urray, Cou zty Administrator b— m - John M. Martirano, County Attorney Vicki C. Lumm, County Clerk