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HomeMy WebLinkAbout02.16.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland February 16, 2010 President John F. Barr called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 9:29 a.m. with the following members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE President Barr gave the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – February 9, 2010 Approval of the February 9, 2010 minutes was deferred until next week. CITIZEN COMMENT Ronald Leggett, 7308 Monroe Road, Boonsboro, introduced himself as President of the Washington County Farm Bureau and a wildlife control operator. He stated that he was a former member of the Animal Control Authority and was appearing to comment on the Animal Control Ordinance to be discussed later in the meeting. Mr. Leggett requested support for a leash law in the County and felt that it would protect landowners and animal owners. CAPITAL IMPROVEMENT BUDGET DISCUSSIONS Debra Murray, Finance Director; and Joe Kroboth, III, Public Works Director, members of the Capital Improvement Budget (CIP) Committee, began review of the FY 2011-2016 budget for General Government, covering Solid Waste, Parks and Recreation, Public Safety and Road Improvements. Ms. Murray stated that the proposed bond issue for utilities would be reduced by $3.9 million by moving projects further out two years. She informed the Commissioners that General Government is proposed for $3.43 million in FY 2011, which includes the planned Senior Center. Ms. Murray discussed the Solid Waste category, which included costs for closing the Rubble Fill, construction of Cell #7, and a leachate pump station-force main and gas flaring at the Hancock Landfill. Mr. Kroboth detailed the Parks and Recreation figures, which include repairs to the Devil’s Backbone Park Dam mandated by the Maryland Department of the Environment (MDE). The Commissioners discussed the mandate and options for project completion and funding. Ms. Murray described the Public Safety portion of the CIP, which includes funds for expansion of the Detention Center in phases beginning in 2015. The Commissioners expressed doubt that some later phases would be accomplished as scheduled. She noted February 16, 2010 Page two that $229,500.00 was included in the coming fiscal year for Geographic Information System Parcel Vectorization. Mr. Kroboth provided information on the Road Improvement section of the CIP and stated that $4.7 million in pavement maintenance funds were included. He noted that safety considerations would be addressed with the intersection improvement project scheduled for Eastern Boulevard and Antietam Drive. Mr. Kroboth described a new traffic signal that is planned at U.S. Route 40 and Earth Care Road that was proposed years ago but not warranted until the recent rise in traffic at the area. CITIZENS PARTICIPATION Delores Hollar, of the Greenberry Hills neighborhood, stated that a vicious dog attacked her beagle on January 16 while she was taking it for a walk. She discussed the need for a leash law in Washington County and more control of animals by their owners. Benjamin Chlebnikow, 17626 York Road, Hagerstown, provided information and photos concerning the attack of Mrs. Hollar’s dog by another dog. He also stated that his own dog was attacked in 2008 by another dog. Mr. Chlebnikow expressed the opinion that in the case of a dog attack, the owner should be subject to a citation and/or fine. REPORTS FROM COUNTY STAFF Human Resources William Sonnik, III, introduced new County employees Lauren Hopkins, Advanced Life Support Technician; and Carmen Harbaugh, Permits Technician. The Commissioners welcomed the new employees and wished them well in their positions. OTHER BUSINESS Economic Development Commission Tim Troxell, Economic Development Commission (EDC) Director, requested a letter of support from the Commissioners regarding Hagerstown business Electromet Corp., which manufactures specialized cabinets for Navy ships. The letter would request funding support for the “Littoral Combat Ship Mission Support Module Equipment Initiative.” Mr. Troxell stated that if the 15-year, $1 million plus contract is approved, Electromet would require approximately 20-35 new employees for good-paying jobs at the company. It was the consensus of the Commissioners to send letters to Senators Barbara Mikulski and Benjamin Cardin requesting their support for the funding. Public Works Joe Kroboth, III reported that snow and ice removal operations from the recent snow events remain ongoing. He reported meeting with Governor O’Malley and the Director of the Maryland Emergency Management Association (MEMA) during their visit to Washington County last week. The Commissioners were informed that the two storms February 16, 2010 Page three would be considered as one with all expenses being grouped together. Mr. Kroboth stated that, if approved, 75% of the County’s expenses would be reimbursed through MEMA. He provided a notebook of photos taken during the recent weather events. COMMMISSIONERS REPORTS AND COMMENTS Commissioner Baker thanked Highway Department Director Ed Plank, his staff and crews for the outstanding job performed during both storm events. He congratulated Dr. Elizabeth Morgan on being named the 2010 National Superintendent of the Year. Commissioner Kercheval echoed the snow removal comments and the honor given to Dr. Morgan. He noted that Washington County also has a nationally recognized librarian. He reported attending the Planning Commission workshop relating to the Urban Growth Area. Mr. Kercheval stated that the Commission discussed zoning designations for 37 different properties. He reminded those present that tomorrow is the Lobbying Coalition’s effort in Annapolis, and if any citizens were interested, he would inform them of the available transportation. Commissioner Aleshire stated that he attended the Smithsburg Community Volunteer Fire Company banquet along with Commissioner Wivell. He requested the Lobbying Coalition’s agenda for tomorrow. Mr. Aleshire referred to the Kiplinger Letter distributed previously by Commissioner Barr. He felt that it supports the evidence that fiscal restraint should be exercised during budget planning specifically as it relates to a letter recently received from the Washington County Board of Education requesting an additional $6.5 million in wages to cover a benefit package approved between it and its employee base “in 2008, when the economy was stable.” Commissioner Wivell reported that he attended the Smithsburg Community Volunteer Fire Company banquet. He reiterated the previous comments expressed concerning the snow removal efforts and congratulated Dr. Morgan. Commissioner Barr thanked the County departments for the excellent snow removal efforts, especially by employees in departments that are not normally involved. He reported leaving Dr. Morgan a congratulatory voice message on behalf of the Commissioners. Mr. Barr attended the Walnut Street Community Health Center’s first annual Sweetheart Banquet/Auction fundraiser. He enjoyed the Maryland Symphony Orchestra’s weekend concert, expressing that the County is blessed to have such talent locally. He noted various upcoming events that require coverage by his fellow Commissioners, including the grand re-opening of the Columbia Bank, the University of Maryland Young Artists downtown reception, and the Crystal Ball held by the Antietam Care Foundation. February 16, 2010 Page four INTERGOVERNMENTAL COOPERATIVE PURCHASE OF ARCHITECTURE AND ENGINEERING SERVICES FOR THE DESIGN OF THE SENIOR CENTER BUILDING AND SITE Karen Luther, Purchasing Agent; and Joe Kroboth, III, Public Works Director, presented a proposal to award an architecture and engineering services contract for $293,171.00 to Bushey Feight Morin Architects (BFM) of Hagerstown, Maryland as the lead design professional for the building and site design of the proposed Senior Center to be located at Hagerstown Community College. County Administrator Greg Murray explained that to in an effort to move this project forward as quickly as possible, and for numerous administrative efficiencies and significant cost benefits, other governmental contracts were looked at which could be used by Washington County through the “piggybacking” process which is permitted under the Code of Public Local Laws. Ms. Luther determined that the County may enter into an Intergovernmental Cooperative Purchase agreement for architecture and engineering services by piggybacking on a Board of Education of Frederick County, Maryland (also known as Frederick County Public Schools) contract. She detailed that the Board of Education of Frederick County, Maryland contract is for technical proposals from licensed consultants for architectural, structural, civil, mechanical, electrical, environmental, and other engineering services. Mr. Kroboth stated that although BFM President Brent Feight had donated his services for the preliminary design work of the proposed senior center; that fact did not influence the decision to use the piggybacking method and the Board of Education of Frederick County, Maryland. The Commissioners discussed the proposal and Commissioners Aleshire and Kercheval felt that by not using the normal bidding process the County would be giving the impression of preferential treatment for BFM. Commissioners Baker and Wivell agreed but did not want to risk losing the $1 million funding grant and also encounter the significantly higher stormwater management costs that will go into effect in May 2010. Commissioner Wivell, seconded by Baker, moved to approve awarding the contract to Bushey Feight Morin Architects based on piggybacking on the Board of Education of Frederick County, Maryland (also known as Frederick County Public Schools) for architectural and engineering services as presented by Staff. Mr. Kroboth requested an addition to Commissioner Wivell’s motion to authorize execution of a resolution to that effect as is required under the Code of Public Local Laws. Commissioner Wivell so amended his motion. Commissioner Aleshire reiterated his previous comment regarding the integrity of the process and noted that this is the second time in less than a year that this Board has provided special accommodation for BFM in obtaining contracts for large public projects, the first of which was the Washington County Free Library. Commissioner Kercheval felt that the Commissioners were not given adequate time to review the 45-page proposal before voting on it and noted that other architects in the Frederick contract had lower hourly rates. He also stated that he believed the Commissioners could have used the normal procurement process within the timeline needed to acquire grant funding and save on additional stormwater management costs. The motion passed with Commissioners February 16, 2010 Page five Baker, Wivell, and Barr voting “AYE” and Commissioners Aleshire and Kercheval voting “NO”. (Resolution RS-2010-02 is located in the County Commissioners’ Office) CONVENE IN CLOSED SESSION Commissioner Aleshire, seconded by Kercheval, moved to convene in closed session at 12:05 a.m. to discuss the appointment, employment, and/or assignment of appointees, employees, or officials over whom it has jurisdiction; and to discuss a personnel matter that affects one or more specific individuals, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. The motion was unanimously approved. In closed session, the Commissioners discussed the appointment, employment, and/or assignment of appointees, employees, or officials over whom it has jurisdiction; and discussed a personnel matter that affects one or more specific individuals. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present were Gregory Murray, County Administrator, Vicki Lumm, County Clerk; John Martirano, County Attorney; Andrew F. Wilkinson, Assistant County Attorney; and Jim Hovis, Gaming Director. RECESS FOR LUNCH The Commissioners recessed at 12:10 p.m. for lunch. AFTERNOON SESSION President John F. Barr called the afternoon session to order at 1:36 p.m., with the following members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. APPOINTMENT – WASHINGTON COUNTY GAMING COMMISSION Commissioner Aleshire, seconded by Wivell, moved to appoint Gregory Shank to the Washington County Gaming Commission for a first two-year term, extending through February 28, 2012. The motion was unanimously approved. ANIMAL CONTROL ORDINANCE – WORKSHOP SESSION Kirk C. Downey, Assistant County Attorney, presented the latest revisions to the Animal Control Ordinance in preparation for a future public hearing. Mr. Downey reviewed the sections of the Ordinance and introduced Paul Miller, Washington County Humane Society Director, and Dan DiVito, Permits and Inspections Director, who answered questions and provided information concerning the proposed amendments. The Commissioners requested modifications concerning several sections, including definitions concerning animal attacks while on the owner’s property, and dog licensing requirements. Mr. Miller stated that he would provide examples of other jurisdiction’s licensing requirements. It was the consensus of the Commissioners to schedule a future workshop to discuss further the proposed amendments to the Ordinance. February 16, 2010 Page six YOUTH MERITORIUS AWARDS – JANUARY AND FEBRUARY 2010 President Barr presented certificate of merits to the following students who were selected by the Washington County Community Partnership for Children and Families (WCCP) to receive the January 2010 Youth Meritorious Award: Elsie Martinez of Clear Spring Middle School and Zeynep (Naz) Yildirim of Northern Middle School. The February 2010 honors went to David Drawbaugh of Boonsboro Middle School and David Lewis, II of Western Heights Middle School. Each student was presented a $100 U.S. Savings Bond from the WCCP. The Commissioners commended the students for their leadership, academic and extra-curricular activities. ADJOURNMENT Commissioner Wivell, seconded by Aleshire, moved to adjourn at 3:14 p.m. The motion was unanimously approved. __________________________________ County Administrator __________________________________ County Attorney ______________________________ County Clerk