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HomeMy WebLinkAbout11.30.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland November 30, 2010 President John F. Bair called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 8:43 a.m. 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 The Invocation was given by Garrett Kercheval followed by the Pledge of Allegiance to the Flag led by Jacob Kercheval, sons of Commissioner James F. Kercheval. APPROVAL OF MINUTES — November 9 and November 16, 2010 Commissioner Kercheval, seconded by Aleshire, moved to approve the minutes of November 9,20 10, with incorporated changes, and November 16, 2010. The motion passed with Commissioners Kercheval, Aleshire, Baker, and Barr voting "AYE" and Commissioner Wivell "ABSTAIN." SOLE SOURCE PROCUREMENT — WORKSTATIONS FOR THE DIVISION OF EMERGENCY PREPAREDNESS Rick Curry, Buyer -Purchasing Department, and Bardona Woods, Director -Department of Emergency Communications, recommended that the Commissioners authorize a Sole Source Procurement of twelve (12) workstations for use by the Division of Emergency Services from Xybix Systems, Inc. of Littleton, Colorado. Mr. Curry stated that the bid of $140,157.50 is based on proposal No. 9641 dated August 26, 2010, and is contingent upon approval of the Emergency Number Systems Board. He detailed that the request requires the approval of four of the five Commissioners in order to proceed with a sole source procurement. Ms. Woods indicated that funding for the project would be sought from the Emergency Number Systems Board, which funded 100% of the previous request for workstations in 1985. The Commissioners discussed the recommendation. Commissioner Wivell, seconded by Kercheval, moved to approve the procurement of twelve workstations for use by the Division of Emergency Services, from Xybix Systems, Inc. of Littleton, Colorado for $140,157.50, contingent upon approval by the Emergency Number Systems Board. The motion passed unanimously. MARYLAND'S STATEWIDE SPECIAL TRANSPORTATION ASSISTANCE PROGRAM (SSTAP) FOR WASHINGTON COUNTY TRANSIT (PUR-1106) Karen Luther, Purchasing Agent, and Kevin Cerrone, Transit Director, requested approval from the Commissioners to reject all proposals received for Maryland's Statewide Special Transportation Assistance Program (SSTAP) for Washington County Transit as being non- responsive. Ms. Luther indicated that the request is based on proposers either not meeting the requirements of County Policy P-4 for Independent Contractors or not including the required documentation in the proposal submittals. She further requested approval to November 30, 2010 Page 2 proceed, as recommended by the Maryland Transit Administration (MTA), to establish an approved list of registered providers for use by pre -approved clients at their discretion. Mr. Cerrone described the service provided by the program. The Commissioners discussed the proposal. Commissioner Kercheval suggested that the required insurance amounts should be reviewed and most likely be increased for future bids. Mr. Cerrone and Ms. Luther thanked the Commissioners for their support and work done during the term and wished them well in their future endeavors. Commissioner Kercheval, seconded by Baker, moved to formally reject all proposals received for Maryland's Statewide Special Transportation Assistance Program for Washington County Transit as being non-responsive, due to them not meeting the requirements of County Policy P-4 for Independent Contractors, or not including the required documentation and to proceed with establishing a list of registered providers for use by pre -approved clients at their discretion. The motion passed unanimously. OTHER BUSINESS Countv Attornev Assistant County Attorney Kirk C. Downey requested the adoption of curative ordinances to remove language that was overlooked when the requirement of pull-down stairs for attic access in the previously adopted building codes was removed. Mr. Downey explained that additional language should have been removed to fully reflect the intent of the Commissioners when adopting "An Ordinance to Repeal the 2006 International Mechanical Code, First Printing, with Local Amendments for Washington County, and to Enact the International Mechanical Code, 2009 Edition, as Promulgated by the International Code Council, with Local Amendments for Washington County," and "An Ordinance to Adopt the Maryland Building Performance Standards as Adopted by the State of Maryland (COMAR 05.02.07), with Modifications, and Subject to Local Amendments for Washington County, Maryland." Since the requirement of pull-down stairs was eliminated, other language regarding the same is now surplusage. Commissioner Kercheval, seconded by Aleshire, moved to approve adoption of the curative Ordinances as requested. The motion passed unanimously. (Ordinances Nos. ORD -2010-16 and ORD -2010-17 are located in the County Commissioners' Office.) Boards and Commissions Commissioner Kerclieval stated that there would soon be a vacancy on the Planning Commission due to the resignation of member Linda Kelly. Countv Administrator's Comments County Administrator Greg Murray echoed previous Staff comments regarding the outgoing Board of County Commissioners and their service to the County. He noted the Board's accomplishments during the past four years and thanked them for the guidance given during his tenure. November 30, 2010 Page 3 REPORTS FROM COUNTY STAFF Human Resources William Sonnik, Human Resources Director, requested permission to advertise to fill a full-time, Grade 9, Administrative Assistant position in the Department of Solid Waste, due to a retirement. Commissioner Aleshire, seconded by Kercheval, moved to approve the request as presented. The motion passed unanimously. Mr. Sonnik thanked the Commissioners for their work and support given to County Staff over the past four years. Cliff Engle, Deputy Director -Division of Solid Waste, reiterated the comments and thanked the Commissioners on behalf of his department. Mr. Murray referenced an ad in the Herald -Mail newspaper by Waste Management concerning single - stream recycling currently done at the County's Landfill. Public Works Joe Kroboth, III, Public Works Director, provided an update on the former Trego Road railroad structure that was removed due to its unsafe condition. He stated that the area had been stabilized and that seeding and mulching would be accomplished this week. He added that the final costs, not totaled yet, would be approximately $15,000.00, half of the amount projected. Mr. Kroboth expressed appreciation to the Commissioners for supporting the funding for projects accomplished during the past four years. He stated that those projects, located across Washington County, serve as monuments to their term. CERTIFICATE OF APPRECIATION Commissioner Kercheval presented a certificate of appreciation to Tina Rupert, Documents Coordinator -Department of Public Works, for her time given to assist with the I-81 Corridor Coalition Conference held recently in Hagerstown. Ms. Rupert thanked Mr. Kercheval and the Commissioners for the recognition. STORMWATER MANAGEMENT, GRADING. SOIL EROSION AND SEDIMENT CONTROL ORDINANCE Joe Kroboth and Jennifer Smith, Deputy Director, Public Works -Land Development, presented a recommendation to accept revision comments from the Maryland Department of the Environment (MDE) concerning the County's proposed Stormwater Management, Grading, Soil Erosion, and Sediment Control Ordinance (Ordinance.) Mr. Kroboth indicated that MDE has requested revisions that would replace a reference to a "preliminary" plan with the term "site development" plan, and would streamline approval for single -lot developments. Commissioner Kercheval, seconded by Aleshire, moved to repeal the Ordinance for Erosion and Sediment Control in Washington County, Maryland, which was adopted and effective on October 29, 1985, and also the repeal of the Washington County Stormwater Management Ordinance for Washington County, which was adopted and effective on July November 30, 2010 Page 4 17, 2001, and approval and adoption of the Washington County Stormwater Management, Grading, Soil Erosion, and Sediment Control Ordinance, adopted today and effective as of May 4, 2010, which was the original effective date. Commissioner Baker stated that he had previously voted against approval due to easements that were included in the Ordinance that allowed access across private property. Commissioner Aleshire questioned where the "single lot residential" addition was defined in the document. Mr. Kroboth indicated that he would consult with MDE to see if the term would be consistent with State definitions. Commissioner Kercheval amended his motion to add that the language is to be clarified by MDE to clear up any ambiguities that may exist. Commissioner Aleshire seconded the amended motion. The motion passed with Commissioners Kercheval, Aleshire, and Barr voting "AYE" and Commissioners Wivell and Baker "NO." (Ordinance No. ORD -2010-18 is located in the County Commissioners' Office) ANIMAL CONTROL ORDINANCE - FEES Assistant County Attorney Kirk C. Downey provided details on the proposed Resolution to Adopt Certain Fees, as provided in Revision 4 of the Animal Control Ordinance, adopted by the Board of County Commissioners on October 19, 2010. Mr. Downey reviewed the proposed fees and distributed a printed email received from Paul Miller, Director - Washington County Humane Society, comparing fees set by other counties in the United States. The Commissioners discussed the proposed fee structure, rabies requirements, altered dog requirements, and collection agency fees. Commissioner Wivell moved to approve dog -licensing fees of 1 year - $5, 2 years - $9, 3 years - $13, lifetime - $25, potentially vicious and dangerous dogs - $75, vicious and dangerous dogs - $150, with the understanding that the potentially vicious and dangerous and vicious dog license fees are additional annual fees. Kennel licensing would remain at $100, civil penalties - $25 (first offense), $100 (second offense), and $250 (third offense.) The lifetime fee would be available after a dog has received its second, three-year rabies vaccination booster. Commissioner Wivell amended his motion to allow third party collection agencies to charge up to $3 per license issued. Commissioner Baker seconded the motion and amendment. Mr. Downey indicated that fees would become effective as of January 1, 2011. Commissioner Kercheval stated that he could not support the motion due to the exclusion of different fees for altered/unaltered dogs. Commissioner Aleshire stated that lie would vote against the motion since it allowed vicious and dangerous dogs to be returned to their owner. The motion passed with Commissioners Wivell, Baker, and Barr voting "AYE" and Commissioners Aleshire and Kercheval "NO." FEDERAL AVIATION ADMINISTRATION MEMORANDUM OF AGREEMENT BRUMBAUGH-KENDLE-GROVE FARMSTEAD Joe Kroboth and Carolyn Metz, Airport Director, presented a Memorandum of Agreement (MOA) reached between the County, Federal Aviation Administration, and the Maryland Historical Trust, concerning the Brumbaugh-Kendle-Grove Farmstead located at the Hagerstown Regional Airport. Ms. Motz requested approval and execution of the MOA by the Commissioners and stated that it would then be forwarded to the FAA for execution by November 30, 2010 Page 5 the Maryland Historical Trust. She read a statement submitted by Brett Wilson, Chair - Hagerstown Regional Airport Advisory Commission, regarding the work done to reach an agreement in the matter and urging support of the MOA. The Commissioners discussed the document. Commissioner Wivell questioned the procedure to be followed if an amendment was requested or a dispute develops. Ms. Motz indicated that the FAA would be the coordinating agency. It was alleged by members in the audience representing the Washington County Historic District Commission, Historic Trust, and the Historical Society that they had not seen the latest draft document and had questions pertaining to it. Commissioner Baker stated that he would like to hear from local historic groups before moving forward and Commissioner Wivell agreed that he could not vote for approval today. Commissioner Kercheval expressed the desire to finalize the issue before a new Board takes office. It was the consensus of the Commissioners that the final draft document be distributed to local interested groups and brought back after their comments are received. Ms. Motz noted that those comments would also have to be routed again through the Maryland Historical Trust. Commissioner Barr thanked Ms. Motz for the work done by her, her Staff, consultants, and other parties regarding the effort to reach an agreement in the matter. He also recognized her work done as Airport Director under the current Board's term and wished her well in her upcoming retirement. CITIZENS PARTICIPATION Gary Rohrer, the former County Director of Public Works, thanked the Commissioners for the opportunity to serve under them. Jacob and Garrett Kercheval wished the future board good luck and thanked their father for his work on behalf of the County. Commissioner Kercheval's wife, Clair, commented on his two terms and stated that she sees that it as a full-time position with much responsibility. She wished the new Board the best of luck in the future. COMMISSIONERS REPORTS AND COMMENTS Commissioner Baker thanked Commissioners Kercheval, Wivell, and Aleshire for their dedicated service to the citizens of Washington County and wished them well in their future endeavors. He congratulated all of the participants, organizers, and volunteers participating in the JFK 50 Mile Ultra -marathon held last week. Commissioner Baker noted that the County's Recreation Department collaborated with Hagerstown Community College to host the 10th Annual Turkey Trot at the College's campus and that proceeds would benefit the school's Athletic Scholarship Fund. He indicated that 1516 pounds of food was collected for Food Resources. Commissioner Kercheval commented that the I-81 Coalition Conference was a very successful event and that federal and State representatives from states along the I-81 corridor attended. He reported attending a Chamber of Commerce Development forum and a meeting of the Fort Detrick Alliance. Mr. Kercheval attended a Tri -County Council November 30, 2010 Page 6 meeting and noted that it is restructuring its organization. He was present at a meeting of the Planning Commission and described its progress reviewing comments regarding the Urban Growth Area (UGA) recommendations. He attended a Hagerstown/Eastern Panhandle Metropolitan Planning Organization (MPO) meeting to work on updating its bylaws. Commissioner Kercheval thanked those involved in County Government during his two terms in office. He especially thanked his family for their support and understanding. Mr. Kercheval thanked his colleagues for discussing issues in a civil manner and for leading by example. He expressed thanks to the many volunteers who serve on County Boards and Commissions that contribute much with their volunteerism. He noted that Herald -Mail reporters Heather Keels and Josh Bowman always tried to be fair in communicating all sides of an issue to the public. Commissioner Kercheval felt that the County's Staff was the best he had ever worked with. Commissioner Aleshire reported attending an Eagle Scout ceremony where he stressed self-reliance and civic responsibility as important character traits. He expressed that it was an honor to serve on the Board of County Commissioners and that he thought he had helped to improve County -municipality relationships during his term. Mr. Aleshire stated that he felt President Barr was an outstanding leader and a good steward of the community trust. He referred to the election "robocall" event and stated that elected office and politics are not, and should not, be considered a sport. Commissioner Aleshire thanked County and local government Staff for their work and expressed the desire to keep the community moving forward. Commissioner Wivell requested an update on the delegation topic of legislation needed to clarify the responsive, responsible bidding requirement for outside agencies. He reported meeting with the Department of Social Services Advisory Board to finalize its budget. He expressed regret that he was unable to attend the Meritus Medical Center ribbon -cutting ceremony due to the over -capacity crowds arriving for the tour that had to be turned away. Mr. Wivell thanked his wife, family, and the citizens of Washington County, stating that it was an honor to serve the community. He indicated that it was a difficult decision to leave the Board since he had enjoyed the job and that the experience had been immeasurable. Commissioner Wivell expressed the opinion that Washington County was the best County in the State in which to reside. He noted the communications system project that was accomplished during his tenure and the money that was saved due to competent Staff. Mr. Wivell wished the best to the new Board. Commissioner Barr participated in ribbon -cutting ceremonies at the new Meritus Medical Center this past weekend and congratulated the Washington County Health System and President and CEO James Hamill on the new facility. He felt that much was accomplished by the Board of Commissioners during the past four years for the citizens of Washington County. Mr. Barr expressed thanks to his fellow Commissioners and wished each well in their future endeavors. November 30, 2010 Page 7 Greg Murray thanked the Commissioners on behalf of County Staff and invited all to attend an open house reception for the outgoing Commissioners immediately after adjournment of the meeting. ADJOURNMENT Commissioner Aleshire, seconded by Wivell, moved to adjourn at 11:08 a.m. The motion passed unanimously. A reception was held by Staff in the County Commissioners' meeting room to honor outgoing Commissioners Aleshire, Kercheval, and Wivell. County Admrinist`�! 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