Loading...
HomeMy WebLinkAbout06.01.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland June 1, 2010 AG MARKETING LUNCHEON AND PRESENTATION The Commissioners attended a luncheon at 11:30 a.m. in Room 255, 100 West Washington Street, Hagerstown, hosted by the Washington County Agricultural Marketing Department. Leslie Hendrickson -Hart, Agricultural Marketing Specialist, who reported on agriculture in Washington County and the events scheduled throughout the year to highlight products produced by area farms. CALL TO ORDER President John F. Barr called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 1:15 p.m. in the Commissioners' Meeting Room 227 with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval and William J. Wivell. CERTIFICATE OF MERIT PRESENTATION Dee Hawbaker, Deputy Director -Human Resources Department introduced Leonard Brosinsky, who was presented a Certificate of Merit from the Commissioners in observance of his two-week internship with the County's Human Resources Department. PROPOSED ZONING ORDINANCE TEXT AND MAP AMENDMENTS: URBAN GROWTH AREA AND ADVISORY COMMITTEE RECOMMENDATIONS Steve Goodrich, Chief Planner -Planning Department, conducted the final workshop being held to review the Urban Growth Area Advisory Committee's (UGAAC) recommendations on the proposed zoning text and map amendments to the Urban Growth Area. The Commissioners discussed the recommendations that included 37 properties to be considered for rezoning. Mr. Goodrich advised that public meetings are planned in the near future to obtain citizen comments regarding the plan and a public hearing would take place prior to its final adoption. CLOSED SESSION Commissioner Baker, seconded by Kercheval, moved to convene in closed session at 2:41 p.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; to discuss 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, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. June 1, 2010 Page 2 In closed session, the Commissioners discussed the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; considered a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State, and consulted with counsel to obtain legal advice. Present during closed session were Commissioners Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk, and at various times Commission President John F. Barr; John M. Martirano, County Attorney; Andrew F. Wilkinson, Assistant County Attorney; Norman Bassett, Public Information Officer/Disabilities Coordinator; Joe Kroboth, IIr, Public Works Director; Greg Larsen, Airport Business Development Director; and Tim Troxell, EDC Director. PUBLIC HEARING — MARYLAND COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION: BOYS & GIRLS CLUB OF WASHINGTON COUNTY A public hearing was convened at 3:23 p.m. to obtain comments from Washington County citizens concerning the proposed submission of an application to the Maryland Community Development Block Grant program. Buck Browning, Director of Development -Boys & Girls Club, Inc. of Washington County (Club), and Susan Buchanan, EDC Fiscal/Research Specialist, requested approval of a resolution authorizing the submission of the application for a $184,000.00 grant to provide emergency funding for the Club's programs serving Cascade Elementary, Hancock Elementary and Hancock Middle/Senior High Schools. Ms. Buchanan detailed that the amount would provide after school programming for 60 children. She stated that the Board of County Commissioners would serve as the recipient and the Club would be the sub -recipient of the grant. Mr. Browning answered questions from the Commissioners. The hearing was opened for public comment. There was no one present who wished to comment. The public hearing was closed at 3:25 p.m. Commissioner Kercheval, seconded by Baker, moved to approve a resolution authorizing the submittal of an application to the Maryland Department of Housing and Community Development for a $184,000.00 grant to provide emergency funding for the Club's programs serving Cascade Elementary, Hancock Elementary and Hancock Middle/Senior High Schools. The motion passed unanimously. (Resolution No. RS -2010-14 is located in the County Commissioners' Office) BID AWARD - SMITHSBURG SCHOOL COMPLEX SIGNAL AND ACCESS IMPROVEMENTS (Contract No. TS -SM -024-16) Rob Slocum, Deputy Director, and Jessica Spring, Project Manager -Capital Projects Engineering, requested approval from the Commissioners to award the Base Bid and Alternate 41 Bid for the Smithsburg School Complex Signal and Access Improvements contract to the lowest responsive, responsible bidder, Huntzberry Brothers, Inc., of 21536 June 1, 2010 Page 3 Chewsville Road, Smithsburg, in the combined total amount of $356,113.00. Mr. Slocum detailed that the project is a joint effort with the Board of Education contributing up to $300,000.00, the Town of Smithsburg $30,056.00, and the remaining amount to be taken from the County's CIP budget. He stated that work should be completed in 65 days during the period when school is out of session. Commissioner Wivell, seconded by Aleshire, moved to approve the bid award Base Bid and Alternate #1 Bid for the Smithsburg School Complex Signal and Access Improvements contract to the lowest responsive, responsible bidder, Huntzberry Brothers, Inc., of 21536 Chewsville Road, Smithsburg, in the combined total amount of $356,113.00. The motion passed unanimously. BID AWARD - TRANSIT BUS TRANSFER CE NTE R (PUR-1126) Karen Luther, Purchasing Director, and Rob Slocum, Deputy Director -Capital Projects Engineering recommended awarding the Transit Bus Transfer Center contract to the responsive, responsible bidder, Callas Contractors, hie., of Hagerstown, with the lowest Base Bid in the amount of $940,000.00 and Alternate Nos. 1 and 2 in the amount of $64,000.00 and $6,750.00 respectively, for a Total Amount of $1,010,750.00 and contingent upon "Concurrence in Award" by the Maryland Department of Transportation — Maryland Transit Administration (MTA). Mr. Slocum detailed that the project would be located on County -owned property at the corner of West Franklin and North Prospect Streets. He stated that $875,225.00 in ARRA funding and $248,500.00 from the Neighborhood Conservation Initiative Program is available for the project. Commissioner Aleshire questioned why an apparent low -bidder on the project was deemed unresponsive and Staff provided the Cormnissioners with the background information relating to that determination. The Commissioners discussed Staffs recommendation and the short timeline to approve the project and receive the available funding. Commissioner Kercheval, seconded by Aleshire, moved to award the Transit Bus Transfer Center contract to the responsive, responsible bidder, Callas Contractors, hie., of Hagerstown, with the lowest Base Bid in the amount of $940,000.00 and Alternate Nos. 1 and 2 in the amount of $64,000.00 and $6,750.00 respectively, for a total amount of $1,010,750.00 and contingent upon "Concurrence in Award" by the Maryland Department of Transportation — Maryland Transit Administration. Mr. Aleshire thanked Staff for their efforts to obtain funding for the project and that he objected to some of the process in getting to this point, but that he would still support this important project. Commissioners Barr, Kercheval and Aleshire voted "AYE" and Commissioners Wivell and Baker "NO. (President Barr left the meeting and Vice President Baker assumed the Chair) FISCAL YEAR 2011 PROJECT OPEN SPACE (POS) FUNDING Jim Sterling, Director -Parks, Recreation, and Facilities, informed the Commissioners that distribution of Program Open Space (POS) funds of $262,000.00 to the Towns of Hagerstown, Boonsboro, Smithsburg, Williamsport, Funkstown, the County, and Board of June 1, 2010 Page 4 Education this year was approved by the Recreation and Parks Board. He indicated that the funds, which are provided by the State of Maryland, would not be accessible until FY 2012. (President Barr returned to the meeting at 4:07 p.m.) The Commissioners discussed the funding methods used by the State and expressed concern that the money might be spent by the recipients before being received. Mr. Sterling indicated that the County would not begin its projects until the money is actually provided by the State. Commissioner Barr, seconded by Kercheval, moved to approve the annual FY 2011 POS program as recommended in the amount of $262,000.00. Mr. Sterling stated that the motion should include the statement that $82,890.00 from existing funds from closed -out POS projects would be used to upgrade the Williamsport High School track. Commissioner Barr amended the motion to include $82,890.00 for the track upgrade at Williamsport High School. The motion passed with Commissioners Barr, Kercheval, Wivell, and Baker voting "AYE" and Commissioner Aleshire "NO". (Vice President Baker relinquished the Chair to President Barr) BID AWARD - TRANSIT BUS TRANSFER CENTER (PUR-1126)- DISCUSSION County Administrator Greg Murray clarified the earlier motion concerning the Transit Bus Transfer Center and announced that the motion failed due to a lack of majority. He stated that Commissioner Barr had changed his vote to "ABSTAIN", after initially voting "AYE", making the vote 2-2. Mr. Murray indicated that the project was approved in the CIP budget along with the funding, but that this vote was for award of the project. He further stated that the item may be brought back for further discussion later in today's meeting by a motion for reconsideration if such a motion is made by a commissioner who was on the prevailing side during the vote on the previous motion. Commissioner Kercheval expressed concern for the project's future due to the end -of -the month deadline. Commissioner Barr asked whether there were any other motions relating to the Transit Bus Center issue or to go into closed session. CLOSED SESSION Commissioner Aleshire, seconded by Kercheval, moved to convene in closed session at 4:33 p.m. specifically for reason number four, as stated on the closed session agenda sheet (to consult with counsel to obtain legal advice), in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. The motion passed with Commissioners Aleshire, Kercheval, Baker and Wivell voting "AYE" and Commissioner Barr "ABSTAINING". June 1, 2010 Page 5 In closed session, the Commissioners consulted with counsel to obtain legal advice. Present during closed session were Commissioners Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; and at various times Commission President John F. Bair, John M. Martirano, County Attorney, Andrew F. Wilkinson, Assistant County Attorney, Joe Kroboth, III, Public Works Director; Greg Larsen, Airport Business Development Director; and Tim Troxell, EDC Director, OPEN SESSION The Commissioners reconvened in regular session at 4:39 p.m. CLOSED SESSION Commissioner Aleshire, seconded by Baker, moved to convene in closed session at 4:39 p.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; and to discuss any other 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 passed unanimously. (Commissioner Baker was excused from the meeting at 4:45 p.m.) In closed session, the Commissioners discussed the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; and discussed other personnel matters that affect one or more specific individuals. Present during closed session were Commissioners John F. Barr, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present were Gregory Murray, County Administrator; and Vicki Lumm, County Clerk; and at various times Commissioner Terry L. Baker, and John M. Martirano, County Attorney. RECESS The Commissioners recessed at 4:58 p.m. EVENING MEETING — TOWN OF CLEAR SPRING President John F. Barr called the evening session of the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 7:03 p.m. at the Clear Spring Library, 12624 Broadfording Road, Clear Spring, with the following members: Commissioners Kristin B. Aleshire, James F. Kercheval and William J. Wivell. Commissioner Barr sent regards on behalf of Commissioner Terry L. Baker who was absent from the meeting due to attending graduation ceremonies at the Washington County Vocational Technical High School. June 1, 2010 Page 6 INVOCATION AND PLEDGE OF ALLEGIANCE President Bair gave the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — Mav 18.2010 and Mav 25.2010 Commissioner Aleshire, seconded by Kercheval, moved to approve the minutes of May 18, 2010 as presented, and those for May 25, 2010 with incorporated changes. The motion passed unanimously. MAYOR AND COUNCIL COMMENTS Mayor Paul D. Hose, Jr. welcomed the Commissioners and thanked them for holding a meeting in the Town. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Aleshire stated that he attended the Sharpsburg Memorial Day Parade this past weekend. He reported on a telephone call from a Clear Spring resident who was assisted by County crews to clear out a drain near his property. He noted a letter received from the County's Planning Department stating that the County Comprehensive Zoning Plan was found to be consistent with Board of Education Facilities Master Plan. Mr. Aleshire reported on a letter received from Lewis Orchards requesting assistance with a permitting issue. He attended Halfway Park Days this past weekend. Commissioner Aleshire referred to a recent Herald Mail newspaper article that he felt compartmentalized one negative issue being experienced by a fire and rescue company in the County. He expressed thanks to the volunteer companies who provide services on a regular, consistent, and successful basis. Greg Murray addressed two of Commissioner Aleshire's comments, stating that Lewis Orchards was being assisted with the permitting issue; and that Staff would address some missing numbers in the Herald -Mail article and the measures being taken by the County to greater assure accountability among fire and rescue companies. Commissioner Kercheval noted that this would be his last meeting in Clear Spring before the end of his term as Commissioner in December. He thanked Mayor Hose and Town Council members for welcoming the Commissioners to the Town over the years. Mr. Kercheval reported that the Long -Range Transportation Plan had been approved at the federal level with no additional comments. He stated that he was away over the Memorial Day holiday but commended all who held ceremonies to honor those who served or are now serving in the armed forces. Commissioner Kercheval was present for the recent visit by State Treasurer Nancy Kopp during which she toured various Washington County schools. He also attended the Washington County Museum's groundbreaking for the courtyard enclosure project. Mr. Kercheval reported that during a Business Tax Reform Commission meeting last week, single sales apportionment was discussed, which would benefit Washington County. June 1, 2010 Page 7 Commissioner Wivell reported that he also attended the school tour with Treasurer Kopp and appreciated her taking time to visit the schools. He participated in the Sharpsburg Memorial Day Parade and ceremony and thanked the Town for its commemoration. Commissioner Barr thanked Mayor Hose and the Council for the opportunity to meet in the Town this evening. He thanked Commissioner Kercheval for the many hours he worked on the Long -Range Transportation Study. Mr. Barr also participated in the tour with Treasurer Kopp and attended the Museum's groundbreaking. He acknowledged receipt of a letter regarding dissatisfaction with Clear Spring Elementary teacher relocations and noted that this issue would be within the Board of Education's domain. Commissioner Barr indicated that he had been following the energy acquisitions regarding Allegheny Power and its plan to return to local districts. He recommended that a letter be sent to First Energy from the Commissioners to support such an effort. OTHER BUSINESS Annointments to Boards and Commissions Disabilities Advisory Committee (DAC) - Commissioner Kercheval seconded by Wivell, moved to appoint Jay Seipler and Kevin Boyer to their first full, three-year terms as a regular member of the DAC, extending to June 30, 2013. The motion passed unanimously. Local Manaeement Board (LMB) - Commissioner Aleshire, seconded by Kercheval, moved to reappoint Kim Mills as the Community Representative to the LMB for a second, three-year term extending to June 30, 2013. The motion passed unanimously. Board of Social Services - Commissioner Wivell seconded by Aleshire, moved to reappoint David Pool to a second, three-year term as a regular member of the DAC, extending to June 30, 2013. The motion passed unanimously. Countv Administrator's Comments County Administrator Greg Murray thanked the Mayor and Council for hosting the Commissioners' meeting in the Town. Chance Order Request - Pavement Maintenance Contract Greg. Murray presented a Change Order request to the Commissioners for closeout of the 2010 Pavement Maintenance and Rehabilitation Program contract with $30,916.49 remaining, that will be deducted from the contract and carried over to the FY 2011 CIP pavement maintenance fund. Commissioner Wivell, seconded by Kercheval, moved to approve the change order in the amount of $30,916.49 as a reduction to last year's pavement maintenance program. The motion passed unanimously. June 1, 2010 Page 8 Excise Tax Waiver Request — Candlelight Inn Mr. Murray presented a request from owners of the Candlelight Inn, a Bed and Breakfast located near the C & O Canal in Williamsport, which underwent extensive rehabilitation. The owners have requested a waiver of the $3,900.00 excise tax, in consideration of the tourism aspect of the business and their low funds due to rehabilitation expenses. The Town of Williamsport has recommended waiving the fee but would like direction from the Commissioners on how to accomplish it. The Commissioners discussed the request and the methods that could be used to grant the waiver. It was the consensus of the Commissioners that Greg Murray should determine the options for waiving the $3,900.00 excise tax, including the donation of Hotel Rental Tax funds. Mr. Murray noted receipt of a thank you letter sent to Julie Pippel from Josh Yoder, an Eagle Scout candidate. Josh received assistance from Ms. Pippel's department to construct a playground project toward the Eagle Scout award. REPORTS FROM COUNTY STAFF Sheriff's Department Sheriff Douglas Mullendore requested approval of a U.S. Department of Justice, Office of Community -Oriented Policing and Crime Prevention (COP) grant for $590,000.00. The Sheriff stated that the grant would cover 100% funding for salary and benefits for six deputies for three years. The funds would be used for community policing and crime prevention activities. Commissioner Aleshire, seconded by Kercheval, moved for approval of the grant request as presented. Commissioner Wivell asked what the commitment would be in the following years. Sheriff Mullendore stated that the program would have to be maintained for one year after the three-year period. The motion passed unanimously. In response to Commissioner Aleshire's inquiry regarding implementation of the Immigration and Customs Enforcement (ICE) program, Sheriff Mullendore responded that the program would soon be in full operation. He stated that illegal immigrants are now identified during their processing through the Detention Center. The Sheriff indicated that after serving their time, the individuals are released to ICE for disposition. Department of Water Quality Julie Pippel, Director- Solid Waste Department, informed the Commissioners that a meeting regarding the Watershed Implementation Plan will be held by the Maryland Department of the Environment on June 15 from 1-3 p.m. at Hagerstown Community College. CITIZENS PARTICIPATION Clear Spring resident Gerry Ditto discussed the impact of TMDLs (total maximum daily load) on County loadings to tributaries and how that ties into land use initiatives. June 1, 2010 Page 9 Mayor Hose thanked the Commissioners for their assistance given throughout the year. Gerry Ditto spoke on the Urban Growth Area (UGA) Rezoning report that was discussed during the Commissioners' daytime session. He commented on the proposed environmental plan for streams and wildlife management in the Airport Zone. ADJOURNMENT Commissioner Aleshire, seconded by Kercheval, moved to adjourn the meeting at 8:03 p.m. The motion was unanimously approved. County County Attorney County Clerk