Loading...
HomeMy WebLinkAbout02.23.2016 Agenda BOARD OF COUNTY COMMISSIONERS February 23, 2016 Agenda 7:30 a.m. FUTURE FARMERS OF AMERICA BREAKFAST AND PROCLAMATION READING CEREMONY LOCATION: CLEAR SPRING HIGH SCHOOL, 12630 BROADFORDING ROAD CLEAR SPRING 9:45 a.m. Depart for 100 West Washington Street 10:00 a.m. INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER, President Terry L. Baker APPROVAL OF MINUTES – February 9, 2016 10:05 a.m. COMMISSIONERS’ REPORTS AND COMMENTS 10:15 a.m. JAMES H. MATHENY AND ELLEN I. MATHENY RURAL LEGACY PROGRAM EASEMENT PROPOSAL – Chris Boggs (Map, RLP, Info Sheet and Ordinance) 10:30 a.m. SOLE SOURCE CONTRACT AWARD OXIDATION DITCH AND BIOMAG EQUIPMENT FOR THE DEPARTMENT OF WATER QUALITY – Karen Luther and Mark Bradshaw (Proposals) 10:45 a.m. REPORTS FROM COUNTY STAFF 10:55 a.m. BUDGET TRANSFER – TRANSFER STATION SAFETY UPGRADES David Mason 11:10 a.m. HAGERSTOWN/EASTERN PANHANDLE METROPOLITAN PLANNING ORGANIZATION BUDGET AMENDMENT REQUEST Matt Mullenax and Jill Baker (Budget Amendment Form) 11:20 a.m. CITIZENS PARTICIPATION 11:30 a.m. CLOSED SESSION (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 consult with counsel to obtain legal advice on a legal matter; and to consider a matter that concerns the proposal for a business or industrial organization to locate, expand or remain in the State.) Terry L. Baker, President Jeffrey A. Cline, Vice President John F. Barr LeRoy E. Myers 100 West Washington Street, Room 226 | Hagerstown, MD 21740-4735 | P: 240.313.2200 | F: 240.313.2201 WWW.WASHCO-MD.NET Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting. Open Session Item SUBJECT: Hagerstown/Eastern Panhandle Metropolitan Planning Organization (HEPMPO) Budget Amendment Request PRESENTATION DATE: February 23, 2016 PRESENTATION BY: Matt Mullenax, Executive Director, HEPMPO; Jill Baker, Chief Planner, Department of Planning and Zoning RECOMMENDED MOTION: Move to approve the budget amendment in the amount of $45,959.00. REPORT-IN-BRIEF: Each year the Federal Highway Administration and Federal Transit Authority provide funding to all 50 states including the States of Maryland and West Virginia for the purpose of conducting planning activities for transportation related issues. The respective States each then filter money to regional authorities known as Metropolitan Planning Organizations (MPO's) to carry out planning activities in accordance with federal regulations. Washington County acts as the cognizant agency for the Hagerstown/Eastern Panhandle MPO. These funds are provided for planning related activities only and may not be used for engineering or construction costs associated with transportation projects. Funding is provided at an 80/10/10 (80% Federal, 10% State, 10% Local) cost sharing ratio for both Maryland and West Virginia. Since adoption of the FY 2016 HEPMPO budget, additional Federal funding has become available in WV. The requested budget amendment is in the amount of $45,959.00 ($36,767 Federal; $4,596 WV State Match; $4,596 WV Local Match). The revenue source will be from Federal and State grants as well as local match funds (Miscellaneous Revenue) from the State of WV. There are no Washington County funds included in this request. DISCUSSION: The Hagerstown/Eastern Panhandle Metropolitan Planning Organization (HEPMPO) was officially established on July 1, 1996 as a re-designation/expansion of the Hagerstown Urbanized Area MPO. The HEPMPO is established to conduct regional transportation planning for a federally designed tri-state planning area. The HEPMPO’s planning process brings together representative from three states (MD, WV, PA), four counties (Washington County, MD; Berkeley and Jefferson Counties, WV; and Franklin County, PA) the cities of Hagerstown, MD, Martinsburg, WV, Charles Town, WV and various towns and municipalities in the planning region. The HEPMPO has the responsibility to implement the federal requirements relating to Metropolitan Planning as set forth in the Code of Federal Regulations (CFR). Board of County Commissioners of Washington County, Maryland Agenda Report Form FISCAL IMPACT: There are no Washington County funds included within this request. The fiscal impact would be on the HEPMPO budget should this request not be granted. CONCURRENCES: HEPMPO Interstate Council; WV Department of Transportation, and the Eastern Panhandle Regional Planning and Development Council (Region 9) ALTERNATIVES: ATTACHMENTS: Budget Amendment Form AUDIO/VISUAL NEEDS: Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: James H. Matheny and Ellen I. Matheny Rural Legacy Program Easement proposal PRESENTATION DATE: February 23, 2016 PRESENTATION BY: Chris Boggs, Land Preservation Planner, Dept. of Planning & Zoning RECOMMENDED MOTION: Move to approve the James H. Matheny and Ellen I. Matheny RLP Easement project, paid for 100% by the State, in the amount of $144,900.00 for 49.3 easement acres and to adopt an ordinance approving the easement purchase and to authorize the execution of all the necessary documentation to finalize the easement purchase. REPORT-IN-BRIEF: Since 1998, Washington County has been awarded over $17 million to purchase RLP easements on more than 5,000 acres near Antietam Battlefield in the Rural Legacy Area. RLP is a sister program to the Maryland Agricultural Land Preservation Program (MALPP), with the exceptions of including environmental and historic features in addition to agricultural parameters. For the purpose of establishing easement values, MALPP requires appraisals and RLP uses an easement valuation system. DISCUSSION: For FY 2015, Washington County was awarded RLP grants totaling $1,445,000. The Matheny RLP Easement uses a part of those funds. Easement applicants were ranked based on four main categories: the number of development rights available, the quality of the land/land management (agricultural component), natural resources (environmental), and the historic value. In addition the State prefers properties which have CREP projects and ones which donate a portion of the easement. FISCAL IMPACT: RLP funds are 100% State dollars, mainly from DNR Open Space funds. In addition to the easement funds, the County receives up to 3% of the easement value for administrative costs, a mandatory 1.5% for compliance/monitoring costs, and funds to cover all of its legal/settlement costs. CONCURRENCES: Both the State RLP Board and the State Department of Natural Resources (DNR) staff have approved and support the County’s program. A final money allocation will be approved by the State Board of Public Works. ALTERNATIVES: If Washington County rejects State funds for RLP, the funds will be allocated to other counties in Maryland. ATTACHMENTS: Map, RLP Info Sheet, Ordinance AUDIO/VISUAL TO BE USED: PDF map of the proposed easement. Open Session Item SUBJECT: Sole Source Contract Award for Oxidation Ditch and BioMag equipment for use by the Department of Water Quality (DWQ) PRESENTATION DATE: February 23, 2016 PRESENTATION BY: Karen R. Luther, CPPO, Director of Purchasing – Purchasing Department and Mark Bradshaw, Deputy Director - Engineering, Department of Water Quality (DWQ) RECOMMENDED MOTION: Move to award a sole source contract for the procurement of oxidation ditch equipment totaling $1,787,260.00 from Ovivo USA, LLC of Salt Lake City, UT, per Proposal No. 2-05-0082 REV1 dated January 29, 2016 and to award a sole source contract for the procurement of BioMag equipment totaling $3,085,800.00 from EWT Holdings III Corp/Evoqua Water Technologies, LLC of Lowell, MA, per Quotation No. 45550 Rev 2 dated February 1, 2016, contingent upon approval by the County Attorney of each company’s contract agreement. REPORT-IN-BRIEF: A request was received from the DWQ regarding procurement of oxidation ditch equipment and BioMag equipment. The DWQ wishes to apply Section 1- 106.2(a)(1) & (2) of the Code of Public Local Laws of Washington County, Maryland, to the procurement requested. These sections state that a sole source procurement is authorized and permissible when: (1) Only one source exists that meets the County’s requirements and (2) The compatibility of equipment, accessories, or replacement parts is the paramount consideration. The BioMag technology recommended for the upgrades to this WwTP are a new technology that is only manufactured by Evoqua Water Technologies, LLC. This technology was pilot tested at the County’s Winebrenner WwTP and proved to be an effective technology for the purpose of nitrogen treatment. Therefore, the County’s Consultant has included the BioMag technology as a key component of ENR upgrade for the Conococheague WwTP. Thus, the County solicited a quote from Evoqua Water Technologies, LLC, who owns the BioMag Technology, to supply all the BioMag equipment required for said upgrade. There is no other comparable product available on the market which makes Evoqua Water Technologies, LLC the sole source provider. In interactions between our consultant RK&K and Ovivo over a period of several months to determine the equipment needs in the oxidation ditches, it became apparent that Ovivo was in a unique position in being able to provide 1) the requisite combination of process and hydraulic expertise to integrate the BioMag technology into the existing oxidation ditches, 2) equipment that would be compatible with the existing gearboxes, enabling a cost saving to be realized by the County, 3) the existing control systems were all designed by Ovivo using specialized software so integrating the existing and new equipment into the control system will be seamless, and 4) Ovivo will provide a performance warranty. Board of County Commissioners of Washington County, Maryland Agenda Report Form This request requires the approval of four of the five Commissioners in order to proceed with the sole source procurements. If approved, the following steps of the process will occur as outlined by the law: 1) Not more than ten (10) days after the execution and approval of a contract under this section, the procurement agency shall publish notice of the award in a newspaper of general circulation in the County, and 2) An appropriate record of the sole source procurement shall be maintained as required. DISCUSSION: N/A FISCAL IMPACT: The equipment is to be procured through the following account Capital Improvement Plan (CIP) account TRP 018 in the amount of $25,662,858.41. CONCURRENCES: Director of the Division of Environmental Management ALTERNATIVES: N/A ATTACHMENTS: Evoqua and Ovivo Proposals AUDIO/VISUAL NEEDS: N/A Open Session Item SUBJECT: Budget Transfer – Transfer Station Safety Upgrades PRESENTATION DATE: February 23, 2016 PRESENTATION BY: David A. Mason, P.E., Deputy Director Department of Solid Waste and Watershed Programs RECOMMENDED MOTION: Move to approve Budget Transfer of $81,400 from Close Out Cap – Rubblefill to Transfer Station Safety Upgrades. REPORT-IN-BRIEF: In December 2015, the Maryland Occupational Safety and Health conducted an inspection of the Kaetzel Road Transfer Station in the Southern part of Washington County. The inspector stated that the County needs to address specific safety issues at this facility and if similar issues exist at the other County owned transfer stations, they should be addressed also. The issue is that there is currently no/minimal guardrail in place around the residential drop off areas to protect citizens from falling or vehicles driving over the wall at the trash containers. DISCUSSION: The Safety upgrades will include installation of a cable guardrail system at all of the transfer stations around the residential drop off areas. The cable guardrail allows the residents easy access to the containers and the strength to stop a vehicle if needed. The cost will include the installation of approximately 1,000 feet of cable guardrail and pavement restoration at the four transfer stations. FISCAL IMPACT: The funding is from prior approved funds for the Close out Cap of the Rubble Landfill. The funds will be replaced in FY2021, which is currently the anticipated start date of the project. CONCURRENCES: Julie Pippel, Director, Division of Environmental Management ALTERNATIVES: N/A ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Rural Legacy Program (RLP) Information Purpose of Program: RLP seeks to protect farmland and open space which contains significant agricultural, environmental and cultural/historic features. The Maryland Department of Natural Resources (DNR) funds the program and protects land mainly with the use of permanent easements. However, the Board of County Commissioners (BOCC) of Washington County is the holder of RLP easements. Easement Valuations: The price paid for permanent easements is determined using a valuation worksheet. The more of the above listed features on the property, the higher the easement values. Priority of Properties: As with most programs of this sort, there is a chronic shortage of funds available. Therefore, properties that are contiguous to existing permanently protected land are given priority. Other priorities include: prime agricultural lands; prime woodland (CREP is encouraged); land with environmental features needing protection such as endangered species, streams, sinkholes, and properties with historic value such as Antietam Battlefield area. Processing of Applications: Each year, Washington County applies to DNR for RLP funding. Negotiations then begin with landowners who have expressed interest in the program. There are many steps until easement settlement occurs and the process takes about a year to complete once properties are chosen for processing. After the BOCC approves the applications, the Board of Public Works in Annapolis makes final selections for funding. For More Information: Contact Eric Seifarth using information in the above letterhead or by E-mail: eseifarth@washco-md.net I:LandPreservation/RuralLegacy/basicinformation.doc FAIRPLAY RDSPIELMAN RD DIPARMA LNROS E COT T AGE L NExhbit E - Matheny ® 0 0.045 0.09 0.135Miles WARNING!: This map is for internal use by the Washington County Planning Department. It is not forgeneral distribution to the public, and should not be scaled or copied. Sources of the data contained hereonare from various public agencies which may have use restrictions and disclaimers The parcel lines shown on this map are derived from a variety of sources which have their own accuracystandards. The parcel lines are approximate and for informational purposes ONLY. They are not guaranteedby Washington County Maryland or the Maryland Department of Assessments and Taxations to be free oferrors including errors of omission, commission, positional accuracy or any attributes associated with realproperty. They shall not be copied, reproduced or scaled in any way without the express prior writtenapproval of Washington County Maryland Planning and Zoning Department. This data DOES NOT replacean accurate survey by a licensed professional and information shall be verified using the relevant deeds,plats and other recorded legal documents by the user. 0 180 360 540 720 900Feet Printed: Tuesday, January 19, 2016Printed by: cboggs SPIELMAN RD FAIRPLAY RDABBOTT DRREICHARD RDDIPARMA LNExhbit F - Matheny ® 0 0.1 0.2 0.3Miles WARNING!: This map is for internal use by the Washington County Planning Department. It is not forgeneral distribution to the public, and should not be scaled or copied. Sources of the data contained hereonare from various public agencies which may have use restrictions and disclaimers The parcel lines shown on this map are derived from a variety of sources which have their own accuracystandards. The parcel lines are approximate and for informational purposes ONLY. They are not guaranteedby Washington County Maryland or the Maryland Department of Assessments and Taxations to be free oferrors including errors of omission, commission, positional accuracy or any attributes associated with realproperty. They shall not be copied, reproduced or scaled in any way without the express prior writtenapproval of Washington County Maryland Planning and Zoning Department. This data DOES NOT replacean accurate survey by a licensed professional and information shall be verified using the relevant deeds,plats and other recorded legal documents by the user. 0 410 820 1,230 1,640 2,050Feet Printed: Tuesday, January 19, 2016Printed by: cboggs ORDINANCE NO. ORD-2016-__ AN ORDINANCE TO APPROVE THE PURCHASE OF A CONSERVATION EASEMENT UNDER THE MARYLAND RURAL LEGACY PROGRAM (Re: Matheny RLP Conservation Easement) RECITALS 1. The Maryland Rural Legacy Program ("RLP") provides the funding necessary to protect large, contiguous tracts of land and other strategic areas from sprawl development and to enhance natural resource, agricultural, forestry and environmental protection through cooperative efforts among State and local governments. 2. Protection is provided through the acquisition of easements and fee estates from willing landowners and the supporting activities of Rural Legacy Sponsors and local governments. 3. For FY 2015, Washington County (the "County") was awarded RLP grants totaling $1,445,000.00 (the "RLP Funds"). 4. James H. Matheny and Ellen I. Matheny (the "Property Owners") are the fee simple owners of real property consisting of 49.3 acres, more or less, (the "Property") in Washington County, Maryland. The Property is more particularly described on Exhibit A attached hereto. 5. The County has agreed to pay the sum of approximately ONE HUNDRED FORTY- FOUR THOUSAND NINE HUNDRED DOLLARS ($144,900.00), which is a portion of the RLP Funds, to the Property Owners for a Deed of Conservation Easement on the Property (the "Matheny RLP Conservation Easement"). THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington County, Maryland that the purchase of a conservation easement on the Property be approved and that the President of the Board and the County Clerk be and are hereby authorized and directed to execute and attest, respectively, all such documents for and on behalf of the County relating to the purchase of the Matheny RLP Conservation Easement. ADOPTED this ____ day of __________________, 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND __________________________ BY: Vicki C. Lumm, Clerk Terry L. Baker, President Approved as to legal sufficiency: Mail to: _____________________________ Office of the County Attorney John M. Martirano 100 W. Washington Street County Attorney Hagerstown, MD 21740 EXHIBIT A DESCRIPTION OF PROPERTY All those lots, parcels, or tracts of land, and all the rights, ways, privileges and appurtenances thereunto belonging or in anywise appertaining, situate in Election District No. 12, Washington County, Maryland, and being the property identified by the State Department of Assessments and Taxation as tax account no. 12-011008, as follows: Tract No. 1: All that tract of parcel of land, situate along the South side of MD Route 63 in Election District No. 12, Washington County, Maryland, and BEGINNING at an iron pipe on the South side of Maryland 63, and being at the end of the fifth (5th) or South 06 degrees 09 minutes 03 seconds West 18.50 foot line of a parcel of land conveyed by Dolores Myers Smith, et al, to Jack A. Gertz, et al, by Deed dated December 30, 1977 and recorded in Liber 652, folio 135 among the Land Records of Washington County, Maryland, thence along the South side of said road and with a portion of the sixth (6th) line of said Deed North 89 degrees 29 minutes 08 seconds East 536.99 feet to a rebar; thence leaving said road and running back therefrom with three (3) lines of division made South 15 degrees 37 minutes 27 seconds West 2428.30 feet to a rebar; thence North 75 degrees 44 minutes 05 seconds West 594.19 feet to a rebar; thence North 17 degrees 34 minutes 38 seconds East 2294.46 feet to the point of beginning; containing 30.00 acres of land, more or less; and being shown graphically as “Lot 1” on a Plat prepared by and on file among the records of Fox & Associates, Inc., as Drawing No. C-1445, entitled “LOT 1 PARCEL TO BE CONVEYED BY JACK A. GERTZ, et al” recorded at Plat Folio 3015 among the Plat Records of Washington County, Maryland. Tract No. 1 BEING all of the same property which was conveyed from Dorothy Q. Gertz, et al, to James H. Matheny and Ellen I. Matheny, his wife, by Deed dated April 27, 1990 and recorded in Liber 952, folio 513 among the Land Records of Washington County, Maryland. Tract No. 2: All that tract or parcel of land, situate along the South side of Spielman Road, in Election District No. 12, Washington County, Maryland, and being all of Parcel ‘A’ on a Plat(s) entitled “Preliminary/Final Plat of Subdivision of Lots 4 & 5 and Simplified Plat of Subdivision of Parcel ‘A” for JAMES SHAULL” recorded at Plat Folios 5919-5920 among the aforesaid Plat Records; containing 15.50 acres of land, more or less; which Parcel A was added to and made a part of the existing lands of Matheny, as shown on said Plats. Tract No. 2 BEING all of the same property which was conveyed from James G. Shaull to James H. Matheny and Ellen I. Matheny, his wife, by Deed dated February 26, 1999 and recorded in Liber 1477, folio 973 among the aforesaid Land Records. Tract No. 3: All that lot or parcel or land, situate along the West side of Fairplay Road, in Election District No. 12, Washington County, Maryland, and being shown and designated as all of Parcel ‘A’ on a Plat entitled “SIMPLIFIED PLAT OF LANDS OF RICHRD A. MORRIS” recorded at Plat Folio 10093 among the aforesaid Plat Records; containing 10.00 acres of land, more or less; and which Parcel A was added to and made a part of the existing lands of Matheny, as shown on said Plat, and which Plat also depicts the above described Tract Nos. 1 and 2, to which said Parcel A was annexed. Tract No. 3 BEING all of the same property which was conveyed from Richard A. Morris to James H. Matheny and Ellen I. Matheny, his wife, by Deed dated August 13, 2012 and recorded in Liber 4344, folio 338 among the aforesaid Land Records.