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HomeMy WebLinkAbout04.12.2011 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland April 12, 2011 President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 8:37 a.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Dean Miller of Boonsboro First Christian Church gave the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES —April 5.2011 Commissioner McKinley, seconded by Barr, moved to approve the minutes of April 5, 2011. The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner Cline thanked the Town of Funkstown for hosting the Commissioners' evening meeting last week. He reported attending the Chamber of Commerce "Eggs and Issues" breakfast where FirstEnergy officials addressed the attendees. Commissioner Cline stated that he and Commissioner McKinley continued their visits to various local business owners to listen to any concerns they may have. He attended the Historic District Commission meeting where the planned Southern Boulevard was discussed. Mr. Cline participated in the Bowl for Kids' Sake event sponsored by the Big Brothers Big Sisters organization. He reminded all that the March for Babies Walk would be held in less than two weeks and the Washington County team has already met 50% of its fundraising goal. Commissioner Callaham reported attending the Eggs and Issues breakfast with Commissioners Cline, McKinley, and Barr. She participated in an I-81 Coalition conference call and stated that its interim Executive Director was travelling from Canada to Tennessee to seek funds to build the Coalition. Mrs. Callaham attended the National Association of Active and Retired Federal Employees luncheon where County Administrator Greg Murray was the guest speaker. She also attended a PenMar Board meeting and noted that thousands of dollars were awarded for local events to be held at the Fort Ritchie Community Center. Commissioner Callaham referred to a recent Herald -Mail article stating that auditors for developer Corporate Office Properties Trust (COPT) had "zero -valued" COPT's investment at Fort Ritchie. She stressed that it was an auditing procedure and that developers are still working on future projects that would provide jobs at that location. Mrs. Callaham attended a Historical Advisory Committee luncheon and stated that the Committee would present John Howard, former administrator at the Antietam Battlefield, and Donald Bragunier historic preservation awards at a future banquet, which the Commissioners will attend. April 12, 2011 Page 2 Commissioner Barr reported that he attended a concert at the Hagerstown Church of the Brethren. He also discussed the Chamber of Commerce breakfast with FirstEnergy and the positive effects of having the Potomac Edison name back in the community. Mr. Barr attended a Maryland Symphony Orchestra reception before a performance of Phantom of the Opera by students of the Barbara Ingram School for the Arts (BISFA.) He described the wonderful performance and commended all who were involved. Commissioner Barr noted that the first shot of the Civil War occurred at Fort Sumter, South Carolina on this day 150 years ago. Commissioner McKinley discussed the 150`x' anniversary of the Civil War, commenting that casualties from all the wars fought since then by the United States had only recently equaled the number of deaths occurring from that war. He noted his attendance at the Chamber of Commerce breakfast and felt that FirstEnergy would bring good economic development opportunities to the community. Mr. McKinley described the visits made by him and Commissioner Cline to local businesses last week and stated that a followup meeting would be held with one business owner. Commissioner Baker reported on letters received from citizens concerning problems with several vicious dogs in Washington County and noise problems anticipated this summer from events held at a facility on Manor Church Road. He requested assistance for a new oxygen supply business in the community. Commissioner Baker thanked County staff and his fellow Commissioners for their participation at the Business Advisory Breakfast held last week at the Technical High School. Commissioner Barr commented that he had previously received a petition from Manor Church Road residents that was forwarded to the County Attorney's Office. PROCLAMATION — NATIONAL CRIME VICTIMS' RIGHTS WEEK Commissioner Baker, on behalf of the Commissioners, presented a proclamation to employees representing the Victims' Rights Unit of the State's Attorney's Office, designating the week of April 10-16, 2011, as National Crime Victims' Rights Week. Charles Strong, State's Attorney, and Jill Ritter, Victims Rights Coordinator, thanked the Commissioners for the proclamation and described activities planned to observe National Crime Victims' Rights Week. The Commissioners expressed their appreciation for the assistance given to victims of crime and thanked those advocate on their behalf. WORK SESSION — ADEOUATE PUBLIC FACILITIES ORDINANCE MITIGATION Mike Thompson, Planning and Zoning Director, and Andrew F. Wilkinson, Assistant County Attorney, initiated a discussion of the County's Adequate Public Facilities Ordinance (APFO) as it relates to school mitigation. The Commissioners had previously requested that staff develop alternatives to amend the current process. Each of the seventeen alternatives developed was discussed. The Commissioners stressed their desire to provide a mitigation process that includes clarity and simplicity. It was decided April 12, 2011 Page 3 that each Commissioner would advise staff of their desired alternative(s) so that they could be narrowed down and discussed at a future meeting. CITIZENS PARTICIPATION Gerry Ditto of 14736 Ditto Road, Clear Spring, addressed the Commissioners regarding Priority Preservation Areas, to be discussed later in the meeting today. EXTENSION OF CONTRACT — RECYCLING DROP-OFF CENTER SERVICES Karen Luther, Purchasing Agent, and Cliff Engle, Deputy Director -Division of Environmental Management, requested approval to extend a contract for recycling drop-off center services (PUR-990) with Allied Waste Services of Hagerstown, Maryland (Allied) at the current contract rate of $166.02 per trip based on the original Option `B" bid award for a maximum period of up to three months, beginning July 1, 2011. Ms. Luther indicated that due to the contract's imminent expiration date, the proposal would cover services for containers located in the City of Hagerstown, which may be discontinued, upon concurrence by the Mayor and Council. Greg Murray advised that removal of the containers would be discussed during the Commissioners' joint meeting with the City this afternoon. Commissioner Cline, seconded by Barr, moved to extend the current contract for drop-off center services to Allied Waster Services of Hagerstown, Maryland, for up to three months, as presented. The motion passed unanimously. OTHER BUSINESS: County Administrator County Administrator Greg Murray noted the excellent performances of Phantom of the Opera presented by BISFA students at the Maryland Theatre this past weekend and attended by over 4000 persons. Mr. Murray distributed a letter received from the I-81 Coalition requesting funding of $5,000.00 per year for a three-year commitment period to support its work and the Memorandum of Understanding signed with the Virginia Tech Transportation Institute for its work performed to study the I-81 Corridor. Commissioner Barr, seconded by Callaham, moved to provide $5,000.00 annually to the I-81 Corridor Coalition for a three-year commitment period as requested. The motion passed unanimously. FINAL CERTIFICATION OF THE MARYLAND AGRICULTURAL LAND PRESERVATION PROGRAM AGRICULTURAL TRANSFER TAX FUND AND THE PROPERTY PRESERVATION AREAS Eric Seifarth, Rural Preservation Administrator, and Cody Shaw, Land Preservation Planner recommended that the Commissioners approve the final certification of the Maryland Agricultural Land Preservation Program Agricultural Transfer Tax fund and the April 12, 2011 Page 4 Priority Preservation Areas. Mr. Seifarth indicated that Land Preservation staff is required to submit a certification report every two years to the Maryland Department of Agriculture to retain an additional 42% (total 75% retention) of state agricultural transfer taxes. The certification report assesses the County's Land Preservation Program and its compliance with the Comprehensive Plan (including the new Priority Preservation Areas.) The Commissioners discussed the issue. Commissioner McKinley, seconded by Callaham, moved to approve the Final Certification application of the Washington County Agricultural Land Preservation Program and present it to the Maryland Departments of Planning and Agriculture for approval. The motion passed unanimously. AMENDMENT TO THE CONSOLIDATED GENERAL SERVICES AGREEMENT FOR THE PROVISION OF SANITARY SEWER Julie Pippel, Director of the Division of Environmental Management, recommended approval of the Joint Resolution of the Board of County Commissioners and the Mayor and Council of the City of Hagerstown, amending the Consolidated General Services Agreement (CGSA) for Provision of Sanitary Sewer Service. Ms. Pippel stated that the CGSA establishes the parameters for wastewater service to, and the expansion of, the Joint Sewer Service Area (JSA.) She indicated that Amendment No. 10 to the CGSA would incorporate the property identified as Parcel 257 on Tax Map 25 (Hunter Hill Reserve) into the JSA. Ms. Pippel stated that The Hunter Hill Reserve submitted a request to the City of Hagerstown for inclusion of the property into the JSA and the City approved it. Commissioner Callaham, seconded by McKinley, moved to approve Amendment No. 10 to the Consolidated General Services Agreement and the Joint Resolution as presented and to authorize the execution of any required documentation. The motion passed unanimously. (Resolution No. RS -2011-03 is located in the County Commissioners' Office) CONSTRUCTION BID AWARD — REHABILITATION OF DEVIL'S BACKBONE PARK Robert Slocum, Deputy Director, Division of Public Works, and Scott Hobbs, Chief of Capital Projects, Division of Public Works, recommended the award of a construction contract for rehabilitation of the Devil's Backbone Park Dam to the low bidder, C. William Hetzer, Inc. for $1,569,768.00. Mr. Slocum indicated that the project involves the rehabilitation of the stone dam and stabilization of eroded stream banks along the Antietam Creek at Devil's Backbone Park south of Hagerstown. He stated that the project also includes additional improvements such as canoe access, a historical plaque, and additional trees and grass to be planted in the Park. Mr. Slocum further stated that the project would include roadwork to Maryland Route 68 at the request of the State Highway Administration (SHA) and that the SHA will reimburse the County for this work. The Commissioners discussed the project with Mr. Slocum and Mr. Hobbs. April 12, 2011 Page 5 Commissioner Barr, seconded by Cline, moved to award the contract for rehabilitation of the Devil's Backbone Park Dam to C. William Hetzer, Inc. for $1,569,768.00 as presented and authorized execution of the Memorandum of Understanding with the SHA. The motion passed unanimously. CONTRACT AWARD — REAL PROPERTY ACOUISITION SERVICES Karen Luther, Purchasing Agent, and Joe Kuhna, Real Property Administrator, presented a recommendation to award the primary requirements contract for Real Property Acquisition Services (PUR-1150) to Diversified Property Services, Inc. (DPSI) of Timonium, Maryland, based on the responsive, responsible proposal with the lowest sum total amount of $124,000.00, and, as permitted in the Request for Proposals, to award a secondary requirements contract to Johnson, Mirmiran and Thompson of Sparks, Maryland for its responsive, responsible proposal with the next lowest sum total amount of $137,500.00, at the specified unit costs and estimated hours (no minimum or maximum guaranteed) in each firm's price proposal. Ms. Luther advised that this is a requirements contract where no minimum or maximum amount is guaranteed to the bidder, and that any amounts expended would be contained in individual project budgets. Mr. Kulma reviewed previous amounts spent for real property acquisition services for various County projects. Commissioner McKinley, seconded by Barr, moved to award the contract for Real Property Acquisition Services — Requirements Contract (PUR-1150) as presented. The motion passed unanimously. RECESS The Commissioners recessed at 11:50 a.m. AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:20 p.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. HOTEL RENTAL TAX FUND REOUEST — THE MARYLAND SYMPHONY ORCHESTRA, INC. Tony Dahbura, President, and April Dowler, Interim Director of the Maryland Symphony Orchestra, Inc. (MSO) presented a request for $20,000.00 from the Hotel Rental Tax Fund to be used for the MSO's 26th Annual Salute to Independence to be held this year on Saturday, July 2. Mr. Dahbura stated that the event, held annually at the Antietam National Battlefield, drew approximately 40,000 people last year positively impacts the local economy. He noted the recent loss of some corporate sponsorship funds and stated that the National Park Service was unsure of its contribution toward this year's event. The Commissioners praised the event and noted its positive effect on tourism. April 12, 2011 Page 6 Commissioner McKinley, seconded by Barr, moved to provide $20,000.00 from the County's portion of the FY 2011 Hotel Rental Tax Funds to the Maryland Symphony Orchestra's Salute to Independence event. The motion passed unanimously. GENERAL FUND BUDGET DISCUSSIONS Debra Murray, Finance Director, and Kim Edlund, Assistant Finance Director, discussed Draft #2 of the County's Operating Budget. Ms. Murray advised that the Maryland General Assembly had just voted to pass 90% of the operating costs of local Tax Assessment Offices to counties for the next two years, with the intent of returning to a 50% level after that period. She noted that Washington County's cost would be 90% of approximately $963,000.00. Greg Murray requested a consensus among the Commissioners to eliminate several "small project" fees charged by the County from the proposed budget as a relief to citizens. The Commissioners discussed the fees and recommended their elimination. Mr. Murray also requested a decision regarding pay for Election Board members. The Commissioners discussed the figures and it was their consensus to support a salary of $3,500.00 for the Election Board President and $3,000.00 for each of the four Board members. Mr. Murray discussed the proposal to eliminate recycling drop boxes located inside Hagerstown City limits, which would save approximately $200,000.00 in operating costs. The Commissioners agreed to their removal upon the concurrence of the Mayor and Council Members. It was also the consensus of the Commissioners to eliminate the proposed higher mattress disposal fee and to increase the minimum landfill scale fee from $8.00 to $10.00. Ms. Murray and Joe Kroboth, III, Public Works Director, led a discussion concerning the Capital Improvement Project Fund proposals. Ms. Murray proposed to adjust policy to allow for Capital outlay for equipment costs for Public Safety, Highways, and the Landfill departments. She noted that large equipment purchases had not been made by those departments in the last two to four years. She also advised that following passage of the state budget this year, the County would receive a one-time stipend of $160,000.00 to its Highway User Fund that would assist the Pavement Maintenance Program. The Commissioners discussed the Yale Drive project and whether it would address congestion problems in that area. YOUTH MERITORIOUS AWARDS — MARCH AND APRIL 2011 The Commissioners presented certificates of merit to the following students who were selected by the Washington County Community Partnership for Children and Families (WCCP) to receive the March 2011 Youth Meritorious Awards: Cassie Downs of April 12, 2011 Page 7 Boonsboro Middle School and Olivia Rowe of Clear Spring Middle School. The April 2011 awards went to Dana Getka of Boonsboro Middle School and Jessica Rivas of Western Heights Middle School. Each student received a $100 U.S. Savings Bond from the WCCP. The Commissioners presented Washington County pins to the students and commended them for their leadership, academic, and extra -curricular activities. RECESS The Commissioners recessed at 3:25 p.m. to attend a joint meeting with the City of Hagerstown Mayor and Council at City Hall. JOINT MEETING WITH THE HAGERSTOWN MAYOR AND COUNCIL The Commissioners met with the Mayor and Council of the City of Hagerstown at City Hall, 1 East Franklin Street, Hagerstown. Mayor Robert E. Bruchey, II convened the meeting at 3:48 p.m. In attendance were President Terry Baker and Commissioners John F. Barr, Ruth Anne Callaham, Jeffi-ey A. Cline, and William B. McKinley; Mayor Robert E. Bruchey, II and City Council Members William M. Breichner, Martin E. Brubaker, Ashley C. Haywood, and Lewis C. Metzner. CONVENE INCLOSED SESSION Council Member Breichner, seconded by Haywood, moved to convene in closed session at 3:48 p.m. to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. The motion passed with Council Members Breichner, Haywood, and Brubaker voting "AYE" and Metzner "NO." In closed session, the Commissioners considered a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State. Present during closed session were Commissioners Terry L. Baker, John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley; Mayor Robert E. Bruchey, II and Council Members William M. Breichner, Martin E. Brubaker, Ashley C. Haywood, and Lewis C. Metzner. County Staff present were Gregory B. Murray, County Administrator; Vicki Lumm, County Clerk; Kirk C. Downey, Assistant County Attorney, Joe Kroboth, III, Public Works Director; and Debra Murray, Finance Director. City Staff present were Bruce Zimmerman, City Administrator; Donna Spickler, City Clerk; John H. Urner, City Attorney; Rodney Tissue, City Engineer; Al Martin, Finance Director; Michelle Barker, Acting Finance Director; Kathleen Maher, Director of Planning; and John Lestitian, Community Relations Director, and an individual who discussed a business opportunity/proposal. April 12, 2011 Page 8 ADJOURNMENT Mayor Bruchey adjourned the meeting at 5:20 p.m. Gre6ry B. �uiray, Co my Administrator Kirk C. Downey, Assistant Eo -un red Vicki C. Lumm, County Clerk