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HomeMy WebLinkAbout06.08.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland June 8, 2010 President John F. Barr called a joint meeting of the Board of County Commissioners of Washington County, Maryland, City of Hagerstown, Washington County Public Schools, and Board of Education to order at 8:30 a.m. in Room 255. In attendance were Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also in attendance were City of Hagerstown Mayor, Council members and various Staff, Dr. Elizabeth Morgan, Superintendent, and various Washington County Public Schools Staff and Board of Education members. CLOSED SESSION Commissioner Kercheval, seconded by Baker, moved to convene in closed session at 8:30 a.m. to consider the acquisition of real property for a public purpose and matters directly related thereto, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners considered the acquisition of real property for a public purpose and matters directly related thereto. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. County Staff present were: Vicki Lumm, County Clerk, Joe Kroboth, III, Public Works Director; Joe Kuhna, Real Property Administrator, Joe Rathvon, GIS Analyst. Also in attendance were City of Hagerstown Mayor, Council members and various Staff; Dr. Elizabeth Morgan, Superintendent, and various Washington County Public Schools Staff and Board of Education members. CALL TO ORDER President John F. Barr called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 9:45 a.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. 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 — June 1, 2010 Approval of the June 1, 2010 minutes was deferred until the June 15 meeting. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Barr discussed the Transit Bus Transfer Center bid award last week and apologized for the confusion regarding his vote. He stated that he is in favor of moving forward with the project and that failure to do so would seriously impact the millions in public funds and federal stimulus money that are available for the project. Commissioner June 8, 2010 Page 2 Barr stated that he was in favor of the project because of the importance to the County and because of the significant amount of Federal funding that would be lost if the project was abandoned. He indicated that his intention before the meeting was to abstain because his company had submitted a bid to several of the general contractors who had submitted proposals for the project. After voting for the project at the previous meeting, he immediately sought legal counsel from the County Attorney, and then returned to the meeting and changed his vote to "Abstain". The abstention resulted in a failed motion to award the project. With these factors in mind, he instructed his company, Ellsworth Electric, to recuse itself from the project and remove all bid submissions. Commissioner Baker stated his reasons for not supporting the project; that he was initially against purchasing the property and believed that the County's required match was the land itself. As a green initiative, he proposed that crushed rock be used instead of blacktop in the Transit Project parking area and stated that he would support the project if that could be done. He reported that he was present at the Parks and Recreation Board meeting this week and thanked Dave Barr of the St. James area for the work done in the community. The Board discussed rules that could be implemented to allow the walking of pets in Washington County parks. Commissioner Kercheval stated that he attended the groundbreaking at Hagerstown Community College for the new Science, Technology, Engineering and Mathematics (STEM) building. He was present during a visit by Maryland Transportation Administrator Ralign Wells at the County Commuter's facilities. Mr. Kercheval congratulated Transit Director Kevin Cerrone for his department's presentation during the visit and tour. He reported on a Planning Commission meeting where the Rosewood Planned Unit Development (PUD) at Robinwood Drive was discussed regarding changes proposed to provide for medical office -type buildings. He stated that a hearing on the matter is tentatively scheduled for July 12 at 7:00 p.m. at 80 West Baltimore Street. Commissioner Kercheval thanked all the teachers, educators, bus drivers, and service personnel for their efforts given on the job the past school year and wished all an enjoyable summer. Commissioner Aleshire reported that he was present at the recent Boonsboro Mayor and Council meeting where the poor condition of the road leading to the Town's sewer plant was discussed. He also attended a meeting with two property owners and a representative from the Maryland Department of the Environment regarding flood plain issues at the Beaver Creek Road area. Mr. Aleshire attended a Home Builders Association function last week and the Blues Fest. He was also present during Mr. Well's visit to the Transit Department. Commissioner Aleshire stated that he believes this Board has placed itself in a bad situation regarding the Transit Project. He stated that due to the time sensitive nature of the Project, he would consider making a renewal motion to award the project to the low bidder as long as Ellsworth Electric was not involved with the project. June 8, 2010 Page 3 Commissioner Aleslrire, seconded by Kercheval, moved to approve the award as presented during last week's meeting, subject to the exclusion that the specific sub -contractor that is listed, be deemed ineligible, and approve the award to the second lowest bidder for the price presented. Commissioner Kercheval discussed the need for the Transit Project and requested proper procedure from legal counsel regarding the motion and vote. Legal Staff advised that the motion is a renewal motion and not a reconsideration motion, and should include the specific contractor, Callas Contractors, hie., the lowest responsive, responsible bidder at $1,010,750.00, with the understanding that Ellsworth Electric be specifically excluded. Commissioner Aleshire agreed to amend his motion to include the verbiage and Commissioner Kercheval seconded the amended motion. Commissioner Wivell commented that a blogger had stated inaccurate information on The Herald -Mail's webpage that Mr. Wivell was opposed to mass transit and wanted to give land to developers. He said that these statements were inaccurate. Mr. Wivell stated that he would consider a motion that included modifications using crushed stone in the parking area, though he believes that there is a higher and better use for the property and that it is not a wise use of the taxpayer's money. Public Works Director Joe Kroboth, III informed the Commissioners that the City of Hagerstown's Zoning Ordinance requires paved surfaces for parking areas and that the planned parking area was less than the present paved area. He also outlined the time constraints involved if the bid contract would be amended. The Commissioners discussed the amended motion. The motion passed with Commissioners Aleshire, Kercheval, and Barr voting "AYE" and Commissioners Wivell and Baker "NO". Commnissioner Barr stated for the record that neither he, nor his family, and company, Ellsworth Electric, has any interest in the project and that he voted in favor to move it forward. CONSTRUCTION BID AWARD: FUEL CENTER, SOUTHERN SECTION HIGHWAY MAINTENANCE SHOP (CONTRACT NO. MI -SH -131-28) Rob Slocum, Deputy Director, and Scott Hobbs, Chief -Capital Projects Engineering, requested approval from the Commissioners to award a contract for the construction of a Fuel Center at the Southern Section Highway Maintenance Shop to the low bidding firm of Commercial Fuel Systems, Inc. for $289,965.00. Mr. Slocum indicated that the facility could be used by all County, Sheriff, and Board of Education vehicles that have fueling agreements with the County. The Commissioners discussed the planned location of the facility and its use by fire and rescue companies. Commissioner Wivell, seconded by Kercheval, moved to award the contract for the construction of a Fuel Center at the Southern Section Highway Maintenance Shop to the low bidding firm of Commercial Fuel Systems, Inc. for $289,965.00. The motion passed unanimously. CITIZENS PARTICIPATION Washington County resident Sally Hatch informed the Commissioners that a public forum, sponsored by the Antietam Creek Watershed Alliance and Beaver Creek Watershed June 8, 2010 Page 4 Association is scheduled for Monday, June 14 from 7-9 p.m. at the Beaver Creek Country Club to discuss the ecological benefits of removing the Devil's Backbone Dam. OTHER BUSINESS County Attornev's Comments Assistant County Attorney Kirk C. Downey requested that the Commissioners finalize the documentation regarding the application filed by Christopher D. and Tara L. Horst (RZ-10-001) for a zoning reclassification and zoning map amendment on their property located at 718 and 728 Antietam Drive, Hagerstown, Maryland. Mr. Downey stated that due to the consensus of the Commissioners to move forward to adopt the placement of a Historic Overlay Zone over the property, he has prepared a Decision and Ordinance to Amend the Zoning Map. Commissioner Aleshire, seconded by Wivell, moved for adoption of the Decision and Findings of Fact in RZ-10-001 as well as the accompanying Ordinance to Amend the Zoning Map. The motion passed unanimously. (Ordinance No. ORD -2010-07 is located in the County Commissioners' Office) (Conmrissioner Baker was excused from the meeting at 10:45 p.m.) PROPOSED ADOPTION/ENACTMENT OF THE MARYLAND BUILDING PERFORMANCE STANDARDS (i.e. the 2009 International Buildine Code. the 2009 International Residential Code. and the 2009 International Enerev Conservation Code). WITH LOCAL AMENDMENTS: THE REPEAL OF THE 2006 INTERNATIONAL BUILDING CODE AND THE 2006 INTERNATIONAL RESIDENT)AL CODE, WITH LOCAL AMENDMENTS, THE PROPOSED ADOPTION/ENACTMENT OF THE 2009 INTERNATIONAL PLUMBING CODE, THE 2009 INTERNATIONAL MECHANICAL CODE. THE 2009 INTERNATIONAL FUEL GAS CODE. AND THE 2008 NATIONAL ELECTRICAL CODE. ALL WITH LOCAL AMENDMENTS; AND THE REPEAL OF THE 2006 INTERNATIONAL PLUMBING CODE, WITH LOCAL AMENDMENTS. THE 2006 INTERNATIONAL MECHANICAL CODE. WITH LOCAL AMENDMENTS. THE 2006 INTERNATIONAL FUEL GAS CODE, WITH LOCAL AMENDMENTS. AND THE 2005 NATIONAL ELECTRICAL CODE, WITH LOCAL AMENDMENT Dan DiVito, Director, and Angela Smith, Deputy Director- Permits and Inspections Department, appeared to recommend the adoption/enactment of the Maryland Building Performance Standards (MBPS), with local amendments for Washington County, Maryland. The MBPS consists of the International Building Code, the International Residential Code, and the International Energy Conservation Code, 2009 Editions. If adopted, the 2006 International Building Code, with local amendments, and the 2006 International Residential Code, with local amendments would be repealed. It is also recommended that the 2009 Editions of the International Plunnbing Code, the International Mechanical Code, and the Inlernational Fuel Gas Code, with local amendments, be adopted and the 2006 Editions, with local amendments, be repealed. Mr. DiVito thanked June 8, 2010 Page 5 Legal Assistant Vicki Grimm in the County Attorney's Office for her assistance in preparing the drafts of the documents. He detailed the adoption process and requirements by new State law to gain consistency in all jurisdictions. Mr. DiVito indicated that after public comment is received on July 6, the record would be held open for two weeks with final adoption to be scheduled shortly thereafter. Ms. Smith thanked the Code Review Committee for their participation in reviewing the changes being proposed. Mr. DiVito presented a review of the proposed code revisions. Commissioner Aleshire reported that he has received correspondence regarding the proposed requirement for home sprinkler systems in newly constructed homes. Commissioner Kerclreval discussed the proposal to require pull down steps to an attic and outside deck sprinklers. (Commissioner Baker returned to the meeting at 11:42 a.m.) CONTRACT AWARD (PUR-1132) — PHYSICAL EXAMINATION SERVICES Rick Curry, Buyer -Purchasing Department, and Becky Maginnis, Risk Management Administrator, recommended awarding the contract for physical examination services to the responsive, responsible sole proposer, Health@Work of Hagerstown, Maryland. Mr. Curry stated that the total base proposal is $72,211.60 per year dated May 5, 2010 based upon estimated quantities (no guaranteed minimum/maximum) at per unit prices for the indicated services. Ms. Maginnis stated that among other things, the contract covers employees' on-the-job injuries, drug and alcohol testing, and pre-employment testing. She noted that the quote is based on an estimated worst-case scenario, and that the County is only billed for services provided. Commissioner Kerclreval, seconded by Aleshire, moved to award the contract for physical examination services to the responsive, responsible sole proposer, Health@Work of Hagerstown, Maryland for the total base proposal of $72,211.60 per year dated May 5, 2010 based upon estimated quantities (no guaranteed minimum/maximum) at per unit prices for the indicated services. The motion passed unanimously. GOVERNOR'S OFFICE FOR CHILDREN — NOTICE OF FUNDING AVAILABILITY FY 2011 FOR WASHINGTON COUNTY COMMUNITY PARTNERSHIP FOR CHILDREN AND FAMILIES (WCCP) Stephanie Stone, Director-WCCP, proposed that the Commissioners approve a grant for $701,399.00 from the Governor's Office for Children (GOC) Notice of Funding Availability FY 2011 Submittal for Washington County Community Partnership for Children and Families as approved by the Local Management Board (LMB) on April 16, 2010 and submitted to the GOC on May 17, 2010. Ms. Stone outlined the programs, which cover youth programs and family support services, and discussed their funding allocations. She informed the Commissioners that funding was through a Notice of Funding Availability (NOFA) agreement that ends on June 30, 2010. In order to avoid a gap in services to program participants, Ms. Stone requested that the motion include an extension of the Juvenile Delinquency Prevention and Diversion Initiative until a Request for Proposal can be distributed. June 8, 2010 Page 6 Commissioner Kercheval, seconded by Baker, moved to accept the Governor's Office for Children (GOC) Notice of Funding Availability FY 2011 submittal for the Washington County Connnunity Partnership for Children and Families, as approved by the Local Management Board on April 16, 2010 and submitted to the GOC on May 17, 2010, and to extend the current contract for Juvenile Delinquency Prevention and Diversion Initiative for a period of 2-6 months until a Request for Proposal can be placed out to the public. The motion passed unanimously. RECESS FOR LUNCH The Commissioners recessed at 12:04 p.m. for lunch. AFTERNOON SESSION President John F. Barr called the afternoon session to order at 1:09 p.m. with the following members: Commissioners William J. Wivell and Terry L. Baker. BID AWARD — GROUND MAINTENANCE CHEMICALS FOR VARIOUS COUNTY DEPARTMENTS (PUR 1136) Rick Curry, Buyer -Purchasing Department, and John Kain, Superintendent -Black Rock Golf Course, recommended bid awards to the responsible companies with the lowest responsive bids that meet the specifications for each chemical item and that tie bids be awarded by drawing lots. Motion made by Commissioner Wivell, seconded by Baker, to award the bid for grounds maintenance chemicals for various County/City Departments to the following companies which submitted the low responsible, responsive bids meeting specifications for each chemical as follows: Item #1 — Winfield - $446.40/gal.; Item #2 — Helena - $28.30/gal.; Item #3 — Winfield - $239.00/gal.; Item #4 — John Deere Landscape - $325.00/gal.; Item #5 — Helena - $80.50/gal.; Item #6 — Winfield - $110.22/gal.; Item #7 — Winfield - $22.09/lb.; Item #8 — Helena - $51.14/gal.; Item #9 — Helena - $17.83/gal.; *Item #10 — John Deere Landscape $7.75/lb.; Item #12 — Univar - $5.43/lb.; *Item #13 — Agrium Advance Tech. - $405.00/gal.; Item #14 — Agrium Advance Tech. - $153.80/gal.; *Item #15 — Univar - $2,350.00/case; Item 1116 — John Deere Landscape - $63.80/lb.; *Item #17 — Univar - $96.00/lb.; Item #18 — Winfield - $24.55/gal.; Item #19 — CWC - $52.00/gal.; *Item #20 — Univar - $275.00/gal.; Item #21 — Winfield - $120.00/gal.; Item #22 — Helena - $368.00/case; Item #23 — Winfield — $24.50/gal.; *Item 924 — Agrium Advance Tech. - $499.00/gal.; Item #25 — Winfield - $31.50/gal.; Item #26 — Helena - $12.15/lb.; Item #27 — Helena - $27.85/gal.; Item 28 — Winfield - $382.50/gal. The motion passed unanimously. (* Items #10, #13, #15 , #17, #20 and #24 were tie bids, and the Commissioners drew lots, pursuant to Washington County Purchasing Policy P-2, to determine the successful bidder. (Commissioners Aleshire and Kercheval arrived at 1: 26 p.m.) June 8, 2010 Page 7 BID AWARD — SNOW REMOVAL EQUIPMENT AT HAGERSTOWN REGIONAL AIRPORT (PUR-1135) Commissioner Wivell, seconded by Baker, moved to award the bid for snow removal equipment to the responsible bidder with the lowest responsive bid, Truck Enterprises, Hagerstown, Inc., of Hagerstown, Maryland for one (1) Radius Dump Truck with Spreader at $165,296.00 and one (1) Dump Truck with Snow Plow at $227,850.00; contingent upon Federal Aviation Administration (FAA) bid approval. The motion passed unanimously. AMENDMENT TO EXCISE TAX ORDINANCE - DISCUSSION Andrew F. Wilkinson, Assistant County Attorney, asked whether the Commissioners wished to consider a change to the Excise Tax Ordinance relating to the provision providing a doubled excise tax for building permits under certain conditions. He indicated that the changes would affect subdivisions where 25 permits have been issued in a fiscal year, provided that certain criteria are indicated. The Commissioners discussed the matter and whether to allow "no doubling" of the tax if a developer agrees to a phasing schedule approved by the Commissioners. It was the consensus that Legal Staff will research the issue raised by the Commissioners and return at a future meeting with several options for further discussion. CHANGE ORDER — PUBLIC SAFETY COMMUNICATIONS PROJECT Joe Kroboth, III, Public Works Director, requested authorization to execute Change Order 45 for $535,194.94 for fire department subscriber units and three computer console positions. Mr. Kroboth detailed that the grant was provided by the "Assistance to Firefighters" organization that facilitates purchasing equipment for public safety communication projects. Commissioner Wivell, seconded by Aleshire, moved to authorize execution of Change Order #5 for $535,194.94 for various equipment as presented. The motion passed unanimously. REQUEST TO CLOSE AND RELOCATE A PORTION OF OLD FORGE ROAD Joe Kroboth detailed a request by Holcim. Cement (Holcim) to relocate Old Forge Road near their operations on Security Road. Mr. Kroboth indicated that Holcim would convey a right of way for the future Eastern Blvd. Extended Project and also lease 90 acres to the County at no cost for a future park. Mr. Kroboth advised that a public hearing to obtain citizen comment on the proposal is scheduled on the July 13 Commissioners' agenda. The Commissioners agreed to schedule the public hearing for that date. DISCUSSIONAMPLEMENTATION OF EMERGENCY MEDICAL SERVICES STAFFING AGREEMENT AND FINANCIAL AUDITING OF VOLUNTEER FIRE AND RESCUE COMPANIES Charles Summers, Deputy Director Services; and Glenn Fishack, President -Washington County Volunteer Fire and Rescue Association (WCVFRA) presented, for consideration, the Emergency Medical Service Staffing Agreement (Agreement) to provide staffing June 8, 2010 Page 8 subsidies to volunteer Emergency Medical Service (EMS) companies. Mr. Summers noted that a "Financial Auditing of Volunteer Fire and Rescue Companies" was being updated in conjunction with the Staffing Agreement, and that it requires volunteer companies to submit an annual financial report to the County and agree to full financial reporting. The Agreement also provides penalties for late reports and crew understaffing. The Commissioners discussed details of the Agreement. Commissioner Kercheval expressed the opinion that the agreement should be made stronger and more specific. Commissioner Wivell, seconded by Baker, moved to adopt the EMS Medical Service Staffing Agreement with the following amendments: Section 2.3 — the EMS Operational Program be defined to include Medical Director or President of the Association and the Director of Emergency Services; and Schedule A — be modified to include a formula as to exactly how those amounts were derived and also to request that a billing policy be included as an exhibit to the document; and to adopt the proposed amendments to the Standard Operating Procedures Number I.05.03 - Full Financial Auditing of Volunteer Fire and Rescue Companies and to include language providing that if a qualified or adverse opinion is rendered by the auditing firm, then the cost of the audit would be paid by the company and not the Board of County Commissioners. Legal Staff advised that the motion should include authority to address some stylistic and linguistic errors and suggested that the funding formula included on a separate exhibit and not Schedule A. Commissioner Wivell agreed to the suggestions. The Commissioners discussed the Agreement further and the consensus was to move it forward. The motion passed with Commissioners Wivell, Baker, Aleshire, and Barr voting "AYE" and Commissioner Kercheval "NO". Mr. Fishack thanked the Commissioners and stated that he felt it was not a perfect agreement, but a workable one. Countv Administrator's Comments County Administrator Greg Murray reported that the Commissioners have been invited to two events: Dedication of the Emmanuel Baptist Temple's new sanctuary on June 20 at 11:00 a.m. with tours given from 9:00 -10:40 a.m.; and a ribbon -cutting ceremony to dedicate two new bike lanes at the Cushwa Basin in Williamsport on June 15 at 2:00 p.m. (Commissioner Aleshire was excused from the meeting) REPORTS FROM COUNTY STAFF Countv Attornev's Office Assistant County Attorney Kirk C. Downey reported that the Department of Natural Resources (DNR) is proposing to remove the dilapidated structure on Trego Road, which has been condemned. Mr. Downey recommended that the County Attorney's Office be given permission to negotiate a Memorandum of Agreement (MOU) for the demolition of the structure and finalize it for signature. June 8, 2010 Page 9 Commissioner Kercheval, seconded by Baker, moved to authorize staff to move forward to negotiate an MOU with the DNR to raze the structure and contribute in a partnership as outlined by Staff, and to authorize John Barr to execute the MOU on behalf of the County. The motion passed unanimously. CLOSED SESSION Commissioner Kercheval, seconded by Baker, moved to convene in closed session at 4:03 p.m. to discuss the appointment, employment, assignment, promotion, compensation, resignation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; and to discuss personnel matters that affect 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. In closed session, the Commissioners discussed the appointment, employment, assignment, promotion, compensation, resignation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; and discussed personnel matters that affect one or more specific individuals. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleslihe, James F. Kercheval, and William J. Wivell. Also present were Greg Murray, County Administrator; Vicki Lumm, County Clerk; John Marthano, County Attorney; and at various times, Kirk C. Downey, Assistant County Attorney; Dan DiVito, Permits and Inspections Director; Joe Kroboth, III, Public Works Director, Carolyn Metz, Airport Director, and John Kenney. RECONVENE IN OPEN SESSION Commissioner Kercheval, seconded by Baker, moved to reconvene in open session at 4:45 p.m. The motion passed unanimously. APPOINTMENTS TO BOARDS AND COMMISSIONS Board of Zoning ADDeals (BZA) — Commissioner Kercheval, seconded by Baker, moved to reappoint Dr. Thomas A. Oyster to a second, three-year term on the BZA, extending to June 30, 2013; to appoint Hampton Wedlock to a first three-year term as a full member, extending to June 30, 2013; and to appoint Neal Glessner as an alternate to fulfill the unexpired term of Hampton Wedlock, extending through June 30, 2011. The motion passed unanimously. Economic Develooment Commission (EDC) - Commissioner Baker seconded by Kercheval, moved to appoint Pete Thomas to a first full, three-year term as an at -large representative to the EDC for a term from July 1, 2010 through June 30, 2013; and to appoint Paul Crampton, Jr. to the EDC Board as the Maryland Municipal League (MML) representative, to a first three-year term, beginning July 1, 2010 through June 30, 2013. The motion passed unanimously. June 8, 2010 Page 10 Adult Public Guardianship Review Board - Commissioner Kercheval, seconded by Baker moved to appoint John Kenney to his second three-year term on the Adult Public Guardianship Review Board, extending to June 30, 2013. The motion passed unanimously. ADJOURNMENT Commissioner Baker, seconded by Wivell, moved to adjourn the meeting at 4:47 p.m. The motion passed unanimously. County Adnjinistrator County Attorne County Clerk