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Home My WebLink About07.27.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland July 27, 2010 President John F. Barr called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 9:10 a.m. with the following members: Vice President Terry L. Baker and Commissioners James F. Kercheval, and William J. Wivell. (Commissioner Kristin B. Aleshire arrived later in the meeting) 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 — July 20, 2010 Approval of the July 20, 2010 minutes was postponed until the next meeting. COMMISSIONERS REPORTS AND COMMENTS Commissioner Wivell, seconded by Kercheval, moved to allow the Department of Social Services to use $4000.00 allotted in its FY 2010 budget toward the current relocation costs of the Family Center. The motion passed unanimously. Commissioner Aleshire was absent during the vote. Commissioner Kercheval stated that he attended the Community Coalition held yesterday where issues were gauged for legislative consideration. He reported receiving a call from Commissioner Rick Rubino, Cumberland County, Pennsylvania regarding support needed from the Maryland Delegation for federal government funds. Mr. Kercheval attended the Planning Commission public meeting held on July 21 regarding the Urban Growth Area. He noted that a public hearing before the Commissioners is scheduled for September 20 in Courtroom #1 regarding a rezoning request of campground property in Hancock, but questioned whether it should be held in the Hancock area. County Administrator Greg Murray will discuss the scheduling with the Planning Department since the Commissioners have an evening meeting planned in Hancock on October 5. Mr. Kercheval encouraged the Commissioners to do what they can to spur business growth since it was reported last week that the County's unemployment rate is now over 10%. Commissioner Baker reported that he was present at the Maryland Municipal League meeting held the previous evening in the Town of Williamsport. He praised the Town for refurbishing the Springfield Farm barn. Connnissioner Barr discussed the successful Ag Expo held last weekend and thanked Jim Sterling, Director -Parks, Recreation and Facilities, for the well-maintained grounds and Leslie Hendrickson -Hart, Agricultural Marketing Specialist, for the hard work done to make it a success. He attended the National Park Service meeting with citizens from Sharpsburg and other canal towns who are interested in working with the National Park July 27, 2010 Page 2 Service to reinvigorate the Ferry Hill property at the Shepherdstown Bridge. Commissioner Barr noted that he received a response from First Energy regarding the joint letter sent by the City and County encouraging First Energy to locate its planned local office in Washington County. He stated that Commissioner Aleshire was attending to a water line problem at home and would arrive later this morning. DEVIL'S BACKBONE DAM Joe Kroboth, Public Works Director, and Rob Slocum, Deputy Director -Public Works - Capital Projects, discussed the options available to resolve the deterioration of the Devil's Backbone Dam (Dam). Mr. Kroboth requested direction from the Commissioners on whether to repair, completely remove or partially remove the Dam. Mr. Slocum presented a fourth option for consideration involving stone restoration on the face of the Dam and concrete reinforcement on the back, which would increase costs by approximately $550,000.00. He stated that the Maryland Historic Trust would likely approve this option in a timely manner. The Commissioners discussed the available options and funding methods. Mr. Kroboth and Mr. Slocum were directed to work with the Finance Director to outline possible finding alternatives for Option #4 and then return to the meeting for discussion before the lunch break. CONSTRUCTION BID AWARD (BR -BR -142-14) — REHABILITATION OF BARNES ROAD BRIDGE (W5351) OVER BEAVER CREEK Rob Slocum and Scott Hobbs, Chief -Capital Projects, provided information regarding the single bid received for the Barnes Road Bridge rehabilitation. Mr. Slocum recommended that the Commissioners conditionally award the contract to Building Systems, Inc., for the submitted bid of $696,419.00, while waiting for concurrence from the State Highway Administration - typically received within four weeks of the bid date. Mr. Hobbs described the historic nature of the bridge and the process to be undertaken for its rehabilitation. The Commissioners discussed the option of placing the project out for re -bidding. Commissioner Wivell seconded by Baker, moved to conditionally award the contract, (subject to the concurrence of the State Highway Administration) to Building Systems, Inc. for the submitted bid of $696,419.00. The motion passed with Commissioners Wivell, Baker and Barr voting "AYE" and Commissioner Kercheval "ABSTAINING". Commissioner Aleshire was absent during the vote. REOUEST FOR APPROVAL OF RE' SH ROAD LANDFILL GAS USE AGREEMENT AND LICENSE TO USE REAL PROPERTY LOCATED AT THE RE, SH ROAD LANDFILL, WASHINGTON COUNTY RENEWABLE ENERGY, LLC (CURTIS ENGINE) Julie Pippel, Director -Division of Environmental Management and Cliff Engle, Deputy Director -Solid Waste, Division of Environmental Management, requested approval fiom the Commissioners for the Resh Road Landfill Gas Use Agreement and License to Use Real Property located at the Resh Road Landfill, between Washington Renewable Energy, LLC and the Board of County Commissioners. Mr. Engle detailed that the proposed July 27, 2010 Page 3 Agreement would allow for Washington Renewable Energy, LLC to design, permit, supply, install, operate and maintain a single larger gas flare facility, replacing the multiple flare design, at its own expense. Mr. Engle indicated that the agreement also outlines the sharing of revenue from greenhouse gas destruction credits with the County. Ms. Pippel stated that the County would receive 10% of the revenue annually until the company has recovered its initial investment in construction generated to maintain the process. Commissioner Wivell thanked Ms. Pippel and Mr. Engle for their efforts to bring the project to fruition. (Commissioner Aleshire arrived at 10:28 a.m.) Commissioner Wivell, seconded by Aleshire, moved to approve the Resh Road Landfill Gas Use Agreement and License to Use Real Property located at the Resh Road Landfill, Washington County, Maryland, between Washington Renewable Energy, LLC (Curtis Engine) and the Board of County Commissioners of Washington County. The motion passed unanimously. CITIZENS PARTICIPATION Juanita Grimm, Rob Embly, and Kim Hill, residents of the Town of Clear Spring requested funds from the Commissioners to assist the Clear Spring Little League 9-10 year old All- Star baseball team to travel to Rhode Island this weekend for the Eastern Regional competition. Mr. Embly noted that lodging expenses might be as much as $10,000.00. Commissioner Wivell congratulated the team but stated that he cannot support the use of taxpayer funds for these events. Commissioner Baker, seconded by Kercheval, moved to provide the Clear Spring Little League 9-10 year All -Stars with $5000.00 for travel expenses, taken from the Commissioners' Contingency Fund. The motion passed with Commissioners Baker, Kercheval, and Barr voting "AYE" and Aleshire and Wivell "NO". OTHER BUSINESS: REPORTS FROM COUNTY STAFF Sheriff's Department Sheriff Douglas Mullendore referenced the vote taken during the Commissioners' June 15 meeting where temporary funding was approved through July for a deputy whose position was eliminated by the Town of Williamsport. The Sheriff requested that the position be further extended until a full-time deputy position becomes available within his Department. County Administrator Greg Murray indicated that funds could be used from the anticipated FY 2011 Sheriff's Department end -of -year budget surplus. Commissioner Kercheval, seconded by Baker, moved to support the request as presented by Sheriff Mullendore to fund the deputy's salary until a position opens in the Department. The motion passed unanimously. July 27, 2010 Page 4 Human Resources William Sonnik, Human Resources Director, and Julie Pippel, Director -Division of Environmental Management, requested permission to advertise to fill a full time, Grade 9, Plant Operator position at the Conococheague Wastewater Treatment Plant. Ms. Pippel provided information regarding the position. Commissioner Kercheval, seconded by Baker, moved to authorize to advertise to fill the position as requested. The motion passed unanimously. COMMUNITY LOBBYING COALITION INITIATIVE DISCUSSION Art Callaham, Executive Director -Greater Hagerstown Committee, appeared before the Commissioners to discuss the Community Lobbying Coalition. Mr. Callaham reviewed the accomplishments and possible future issues for the Coalition and requested input fiom citizens and the Commissioners. He provided an update on the development of the coalition's agenda for the 2011 Legislative Session and noted that new discussion sessions would begin on August 9. DEVIL'S BACKBONE DAM (continued) Mi. Kroboth and Mr. Slocum presented a funding alternative analysis for the fourth option to repair the Dam using a structural and aesthetic method. The Commissioners discussed the funding options and several other improvements to the park suggested by the Antietam Creek Watershed Alliance. It was the consensus of the Commissioners to approve funding Funding Option #1, which involves using anticipated leftover funds from the Eastern Primary School Gym Expansion project to cover the gap in available funding. Commissioner Kercheval, moved to approve Design Option #4, which was acceptable to the Maryland Historic Trust, with any new funding being adjusted using Funding Option #1 as presented today, including add alternates for the suggested minor side projects, to be decided in the future, but not including the suggested major projects. Mr. Kroboth requested the addition of a 100 -calendar day extension period of the Notice of Violation Order to the motion and Commissioner Kercheval agreed to its inclusion. The motion was seconded by Cornmissioner Baker and passed with Commissioners Kercheval, Baker, Aleshire, and Barr voting "AYE" and Commissioner Wivell "NO". LUNCH RECESS The Commissioners recessed at 11:31 a.m. to travel to Marty Snook Park in Halfway for the "Happy Camper Day 2010" lunch with children attending the Washington County Recreation Department's Sumner Camp Program. AFTERNOON SESSION President John F. Barr called the afternoon session to order at 1:32 p.m. with the following members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, and James F. Kercheval. July 27, 2010 Page 5 CONVENE IN CLOSED SESSION Commissioner Kercheval, seconded by Baker, moved to convene in closed session at 1:32 p.m. to discuss the appointment, employment, assignment, discipline, demotion, removal, resignation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; to discuss personnel matters that affect one or more specific individuals; 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. (Commissioner Wivell arrived at 1:34 p.m.) In closed session, the Commissioners discussed the appointment, employment, assignment, discipline, demotion, removal, resignation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; and consulted with counsel to obtain legal advice. 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; and at various times Andrew F. Wilkinson, Assistant County Attorney, Kirk C. Downey, Assistant County Attorney, William Sonnik, Human Resources Director, Charles Summers, Deputy Director - Department of Emergency Services, Bardona Woods, Director -Department of Emergency Communications, Tom Brown, Professional Services Administrator -Department of Emergency Communications, Kevin Lewis, Deputy Director -Department of Emergency Services, Charles Summers, Deputy Director—Department of Emergency Services, Rick Blair, Treasurer -Washington County Volunteer Fire and Rescue Association, Keith Bowen, and Jacqueline Guessford. ADJOURNMENT Commissioner Baker, seconded by Kercheval, moved to adjourn at 4:02 p.m. The motion passed unanimously. Count(y� Administrator County Attorney County Clerk