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HomeMy WebLinkAbout05.03.2011 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland May 3, 2011 EMPLOYEE SERVICE AWARDS BREAKFAST The Commissioners met at the Hager Hall Conference and Event Center in Hagerstown at 7:30 a.m. for the annual employee service/retirement awards program. President Terry L. Baker presented awards in appreciation to County employees for their years of set -vice to Washington County government. The following retirees were also recognized: Edward T. Evans, III, Donna M. Fuss, William Graham, Victor Robinson, Julie Cade, Curtis Grove, Theodore Householder, Richard Needy, Robert Mills, Larry Jessop, Harvey Hoch, Ronald Baer, Lillian Bloyer, and Paul Golden. Commissioner Baker thanked the employees on behalf of all the Commissioners for their work and dedication to County government. President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 9:30 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 Commissioner Barr gave the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES —April 12.2011 and ADril 19.2011 Commissioner McKinley, seconded by Callaham, moved to approve the minutes of April 12, 2011 as presented and April 19, 2011 with incorporated changes. The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner Cline congratulated County employees that received service awards this morning. He reported that he attended the Economic Development Commission (EDC) Celebration of Business event. He met with candidates for the Superintendent of Schools position and toured Accella, a local trucking business. Mr. Cline attended an Agricultural Education Center Board meeting and the groundbreaking for the YMCA $1.5 million expansion project, He was present at the Council of Governments meeting, Solid Waste Advisory Committee meeting, and the canal boat launch event at the Cushwa Basin in the Town of Williamsport. Commissioner Cline attended the ribbon -cutting ceremony for the Pittsburgh Institute of Aeronautics (PIA) school at the Hagerstown Regional Airport that was attended by Maryland Governor Martin O'Malley. He visited several museums during the weekend Museum Ramble. Mr. Cline attended the Maryland Symphony Orchestra's (MSO) press conference to announce that it had reached its fundraising goal to hold the annual Celebration of Independence event in July. He attended the Awards for Excellence ceremony at South Hagerstown High School for the Awards for Excellence in Career Technology Education. Commissioner Cline announced that the County Government team May 3, 2011 Page 2 for the March of Dimes "March for Babies" walk surpassed its goal of $2000.00 during the walk this past weekend. He thanked team members and all who helped organize and contribute to the event. Commissioner Callaham also attended the Williamsport canal boat launch. She attended the "Teacher of the Year" awards dinner held by the Washington County Board of Education and a fundraiser for the San Mar School. Ms. Callaham was present for the PIA ribbon -cutting event and participated in the Museum Ramble. Commissioner Bair attended a meeting of the Transportation Advisory Council where traffic flow at intersections was discussed. He noted the successful capital campaign for the new Meritus Medical Center and attended a reception at its conclusion. Mr. Barr recently travelled to Orlando, Florida to attend a conference of the National Advisory Board to The Salvation Army. Commissioner McKinley reported that he enjoyed the EDC Celebration of Business awards banquet. He was present at the announcement by the Doleman Black Heritage Museum concerning the receipt of funds from the Stine Foundation to match some available grants to assist with finding a permanent location for the Museum. Mr. McKinley also attended the canal boat launch at Williamsport. He reported attending the Airport Advisory Commission meeting where economic development discussions were positive. Commissioner McKinley stated that he presented a proclamation on behalf of the Commissioners to observe "National Drinking Water Week" and attended the MSO announcement. Commissioner Baker thanked the Human Resources Department for coordinating the County Employee Service Awards breakfast this morning and thanked all County employees for their service. He attended the EDC business award event and noted the recent closing of small businesses Wolfe's on the Square in Williamsport and Corderman's Hardware in Hagerstown. Mr. Baker attended the PIA ribbon -cutting ceremony and spoke to Governor O'Malley. He was present for the Girls' softball opening game at Kemps Mill Park where he accepted an appreciation plaque from the league to the Commissioners. Commissioner Baker attended a Social Services Board meeting and offered condolences to David Yohman on the loss of his wife. Mr. Baker stated that the Family Center opening would be delayed by a week but that graduation for a family group would be held. He congratulated recipients of the Awards for Excellence in Career Technology Education. PUBLIC HEARING — AGRICULTURAL PRESERVATION DISTRICT APPLICATIONS President Baker convened a Public Hearing at 10:03 a.m. to obtain public comment regarding Agricultural Preservation District Applications for properties owned by Donald Bragunier and Priscilla Harsh. Eric Seifarth, Rural Preservation Administrator, and Cody Shaw, Land Preservation Planner, discussed the program, which preserves acreage by restricting it to agricultural use only for ten years. In exchange, the landowners pay no May 3, 2011 Page 3 County property tax on the agricultural land or buildings and receive a credit of up to $711.00 on a farmhouse. Mr. Seifnth advised that the Agricultural Advisory Board approved the Districts and the Planning Commission found the applications to be consistent with the County's Comprehensive Plan. The Commissioners discussed the program. The Public Hearing was opened for public comment. Steve Ernst of Clear Spring commented that he works in the farming community and has been a member of the Agricultural Land Preservation Advisory Board for many years. He spoke in favor of the priority rankings and the program. The Public Hearing was closed at 10:13 a.m. Commissioner Callaham, seconded by McKinley, moved to approve the ten-year term County Agricultural Land Preservation Districts as presented. The motion passed unanimously. OTHER BUSINESS: Countv Administrator Comments County Administrator Greg Murray stated that the County's March Financial Undatc report is- available online, along with the Citizen's Guide to the Budget. He noted the positive gains on the County's financial investments during the last quarter. Mr. Murray stated that the Citizen's Guide contains major budgetary issues for citizens to review and comment upon, if desired, at the public hearing on May 12 at Hager Hall, 7:00 p.m. Senior Citizen Tax Credit and Residential Non-Homeowner-Occunied Homestead Tax Credit Assistant County Attorney Kirk C. Downey requested approval to adopt resolutions that would lower the eligibility for the Senior Citizen Supplemental Homeowners' Property Tax Credit to individuals from age 70 and older, to age 65 and older, and to repeal the Residential Non -Homeowner -Occupied Tax Credit, as agreed earlier by a consensus of the Commissioners. The Commissioners discussed the issue. Commissioner Barr, seconded by McKinley, moved to approve the "Resolution Regarding the Washington County, Maryland Senior Citizen Supplemental Homeowners' Property Tax Credit and Extension to Those Eligible Individuals 65 Years of Age or Older" and "Resolution to Repeal the Residential Non -Homeowner -Occupied Tax Credit" as presented. The motion passed unanimously. Annointments/Reannointments to Countv Boards and Commissions Solid Waste Advisory Committee Commissioner Cline, seconded by Barr, moved to appoint David Gysberts to a first, three- year term on the Solid Waste Advisory Committee through April 30, 2014, and Joseph May 3, 2011 Page 4 Caha, Jr. to fulfill an unexpired term through June 30, 2012. The motion passed unanimously. Economic Development Commission Commissioner Baty, seconded by McKinley, moved to reappoint Stuart Mullendore as an at -large member of the Washington County Economic Development Commission (EDC) Board of Directors for a three-year term beginning July 1, 2011 through June 30, 2014. The motion passed unanimously. Commissioner Cline, seconded by Callaham, moved to appoint Daniel Pheil as the Greater Hagerstown Committee, Inc. representative, Andrew Sargent as the Chamber of Commerce representative, and Ronald L. Bowers as an at -large member of the EDC, all for three-year terms beginning July 1, 2011 through June 30, 2014. The motion passed unanimously. Countv Attornev County Attorney John M. Martirano thanked the County Attorney's Office staff and the Commissioners for their support during his extended absence. CITIZENS PARTICIPATION Bob Harsh, co-owner of County Medical Transport, commented on the Washington County Health Department's purchasing procedures. COMSTOCK CENTER UPDATE Josef Coresh, MD, PhD, Director -George W. Comstock Center (Center) for Public Health Research and Prevention, provided an update on the Center for informational purposes. Dr. Coresh discussed the ongoing health studies conducted by the facility and information gathered regarding public health. He indicated that the Center plans to relocate to 1100 Dual Highway, Hagerstown, broaden its employment and activities, and engage a wider community of experts in the science and health fields. The Commissioners thanked Dr. Coresh for the informative presentation. CONVENE IN CLOSED SESSION Commissioner McKinley, seconded by Barr, moved to convene in closed session at 11:18 a.m. to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the state; and 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. 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; and consulted with counsel to obtain legal advice. Present during closed session were Commissioners Terry L. Baker, John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Also present were Gregory Murray, County Administrator; Vicki Lumm, May 3, 2011 Page 5 County Clerk; John M. Martian, County Attorney, Kirk C. Downey, Assistant County Attorney, Julie Pippel, Director -Division of Environmental Management; Cliff Engle, Deputy Director -Solid Waste Department -Division of Environmental Management; and individuals who discussed a business opportunity/proposal. RECESS The Commissioners recessed at 11:28 p.m. AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:42 p.m. with the following members present: Commissioners John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. FY 2012-2014 HOUSING COUNSELING PROGRAM Sherry Neil, Deputy Director of the Community Action Council (CAC), requested approval from the Commissioners for submission of the Housing Counselor Program Application and Grant Agreements to the Maryland Department of Human Resources for State Fiscal Year (SFY) 2012 through 2014. Ms. Neil indicated that the program's purpose is to assist households who are experiencing a housing crisis by helping families to secure and maintain affordable housing and provide assistance to pursue job training and employment opportunities that lead to self-sufficiency. She stated that the total funding available for the Program for SFY 2012-2014 is $110,748.00 or $36,916.00 per year, and that no local government funds are required. The Commissioners discussed the request. Commissioner McKinley, seconded by Barr, moved to approve the submission of the Housing Counselor Program Application and Grant Agreements to the Maryland Department of Human Resources for SFY 2012 through 2014 as presented. The motion passed unanimously. CONTRACT AWARD — FORTY WEST LANDFILL CELL 6 AND 7 CONSTRUCTION PROJECT Rick Curry, Buyer, Purchasing Department, and Dave Mason, Environmental Engineer, Division of Environmental Management, presented a recommendation to award the contract for the Forty West Landfill Cell 6 and 7 Construction Project (PUR-1153) to the responsive, responsible bidder C. William Hetzer, Inc. of Hagerstown, Maryland, who submitted the lowest Total Sum Bid of $6,287,415.00 Mr. Curry indicated that funding is budgeted in the Solid Waste's Capital Improvement Project (CIP) account. Mr. Mason advised that construction should begin in June 2011 and the cells would be used in spring 2012. Commissioner Callaham, seconded by Barr, moved to award the contract award for the Forty West Landfill Cell 6 and 7 Construction Project to C. William Hetzer, Inc. for $6,287,415.00 as presented. The Commissioners discussed the project, which came in under budget, and how excess funds would be used. The motion passed unanimously. May 3, 2011 Page 6 ACOUISITION OF REAL PROPERTY — LONGMEADOW ROAD AND MARSH PIKE Joe Kuhna, Real Property Administrator, requested approval from the Commissioners to enter into five Option Agreements for partial acquisition of real estate located at 19330, 19325, 19420, and 19333 Longmeadow Road, and 13402 Marsh Pike, which are necessary for future widening and improvements planned in the area. He advised that $24,450.00 is contained in the CIP Budget for the acquisitions. Commissioner Barr, seconded by Callaham, moved to approve the five Option Agreements for partial real property acquisitions for $24,450.00 as presented and to authorize the execution of any necessary documentation. The motion passed unanimously. (Ordinance No. ORD -2011-10 is located in the County Commissioners' Office) PUBLIC SERVICE RECOGNITION WEEK Commissioner McKinley presented a certificate of appreciation in observation of "Public Service Recognition Week" during May 1-7, to Dee Hawbaker, Deputy Director of the Human Resources Department. Ms. Hawbaker accepted the certificate on behalf of all public employees to honor their service and dedication to the community. She thanked the Commissioners for the recognition. APPALACHIAN REGIONAL COMMISSION PRELIMINARY PROJECT DESCRIPTIONS Tim Troxell, Director, and Robert Mandley, Project Coordinator, EDC, requested concurrence of the Commissioners on the six recommend Appalachian Regional Commission (ARC) Area Development Projects totaling $1.259 million, and one Transportation Equity Act for the 21St Century (TEA -21) Access Road Project totaling $600,000.00, proposed for the annual ARC FY 2012 funding program. Mr. Troxell indicated that the Tri -County Council for Western Maryland (TCC), local administrator for the federal funds, requires that the County review and prioritize the projects submitted for grant funding consideration. He described the projects, the top-ranked one being located in the Town of Williamsport to build a visitor center and bike/boat rental facility near the Cushwa Basin and C & O Canal. Mr. Troxell advised that a 50% match is required for the Area Development Projects, and a 20% match is required for road projects. The Commissioners discussed the proposals. Commissioner Cline, seconded by Barr, moved to accept the preliminary project descriptions prioritization as discussed and to forward them to the Tri -County Council for Western Maryland for funding consideration; and to move for approval of the applicants to proceed with application submission to the Appalachian Regional Commission for those projects that receive Tri -County Council's funding recommendation. The motion passed unanimously. Tim Troxell requested a decision by the Commissioners whether to move forward with the proposal to perform Phase II of Yale Drive using $600,000.00 in ARC TEA -21 funds. May 3, 2011 Page 7 This is a continuance of Phase I that will complete the first access road to support the development of the newly created Mt. Aetna Farm Technology Park. Greg Murray stated that the Commissioners had already signed off to accept Phase I funds. Commissioner Baker expressed conceals regarding the County's building of roads for the project, the associated future costs to citizens, zoning issues, and the rush to accomplish the project. IIe recommended postponing the Yale Drive extension and forming a committee to determine the taxpayers' "fair share" of the roads. Commissioners McKinley, Chine, and Callaham voiced support to move forward with Yale Drive in order to offer a second entrance to Hagerstown Community College, help alleviate congestion in the area, and avoid losing the federal funding. The Commissioners discussed the issue. Commissioner Callaham, seconded by Barr, moved to accept the recommendation for the Yale Drive Bxtcnded Phase Il, contingent upon the commitment to have at Ieast one workshop session in the month of May 2011 to discuss the subject. The motion passed with Commissioners Callaham, Barr, McKinley, and Cline voting "AYE," and Commissioner Baker "NO. " Greg Murray stated that a May 17 workshop would be scheduled to discuss the issue. TRANSFER SCOPE OF WORK FOR APPALACHIAN REGIONAL COMMISSION GRANT FUNDING Phil Ridenour, Airport Director, and Mahesh Kukata of Airport Design Consultants, presented a request to the Coimmissioners to transfer the scope of work for the Appalachian Regional Commission (ARC) grant funding fiom the Northwest Quadrant Site Preparation, to Terminal Modifications at the Hagerstown Regional Airport, Mr. Ridenour indicated that the current terminal is not designed to house the number of passengers, their luggage, and visitors that will be arriving and departing the facility when Direct Air begins service in July 2011. He stated that the scope of work includes a baggage conveyor system. Mr. Ridenour stated that $200,000.00 is available from ARC with a matching amount required from the County. The Commissioners discussed the proposal. Commissioner Barr, seconded by McKinley, moved to permit the Airport to transfer the Scope of Work for the ARC funding from the Northwest Quadrant Site Preparation (CIP FY 2012 Project 1101) to Terminal Modifications (CIP TY 2012 Project 1014.) Commissioner Callaham asked if the Alport Advisory Commission agreed with the proposal and Mr. Ridenour stated that it had been advised. The motion passed unanimously. GOVERNOR'S OFFICE OF CRIME CONTROL AND PREVENTION GRANTS, Major Robert Leatherman and Cody Miller, Grants Coordinator, Sheriffs Department, requested approval to apply for four grants from the Governor's Office of Crime Control and Prevention (GOCCP) and one from Community Oriented Policing Services (COPS): May 3, 2011 Page 8 Sexual Offender Compliance and Enforcement Grant To support the salaries of two part-time civilian staff to assist the full-time registrar of sex offenders - $52,824.00 no -match grant. School Bus Safety Enforcement Grant To provide overtime for deputies monitoring school bus traffic enforcement - $14,960.00 no -match grant. Domestic Violence Unit Proeram Grant To support and train deputies to serve and monitor protective orders - $3,140.00 no -match grant. Body Armor Grant To replace aging bulletproof vests and body armor - $23,666.00 - match required, but the Sheriffs Department will apply for federal funding in September 2011 to cover the matching amount. Community Oriented Policing Services Grant Major Leatherman requested approval to submit a Community Oriented Policing Services grant of $464,000.00 to supplement crime prevention efforts by covering the cost of three deputies' salaries and benefits for a three-year period, after which the County is obligated to cover their salaries and benefits for a one-year period match. The Commissioners discussed the proposal and the likelihood that the positions would be covered in the fourth year through employee attrition. Commissioner McKinley, seconded by Barr, moved to accept all the grants as presented. The motion passed unanimously. CHANGE ORDER — TRANSIT BUS TRANSFER CENTER Rob Slocum, Deputy Director, and Scott Hobbs, Chief of Engineering Design, requested approval for Change Order No. 4 for the Transit Bus Transfer Center construction contract with Callas Contractors, Inc. for additional work known as "Wareham Place Sidewalk Improvements" for $125,277.03. Mr. Slocum indicated that the work includes demolition, excavation, and stormwater components, to provide a safe access route along Wareham Alley to the new Transit Center. Commissioner McKinley, seconded by Cline moved to approve Change Order No. 4 for $125,277.03 as presented. The motion passed unanimously. CONVENE IN CLOSED SESSION Commissioner Cline, seconded by Barr, moved to convene in closed session at 3:15 p.m. to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the state; to consult with counsel to obtain legal advice, to discuss the appointment, employment, and/or assignment of appointees, employees, or May 3, 2011 Page 9 officials over whom it has jurisdiction; and to discuss a personal matter that affects one or 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 considered a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the state; consulted with counsel to obtain legal advice, discussed the appointment, employment, and/or assignment of appointees, employees, or officials over whom it has jurisdiction; and discussed a personal matter that affects one or specific individuals. Present during closed session were Commissioners Terry L. Baker, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; Kirk C. Downey, Assistant County Attorney; and at various times Tim Troxell, EDC Director; Rob Ferree, EDC Deputy Director, Julie Pippel, Director -Division of Environmental Management; Eric Seifarth, Rural Preservation Administrator; D. Bruce Poole, Esq., Jason Divelbiss, Esq., and individuals who discussed a business opportunity/proposal. Commissioner Cline, seconded McKinley moved to adjourn at 4:22 p.m. The motion passed unanimously. Gregory B. M>(irray, County Administrator A &ZA—us Kirk C. Downey, sl= oun o re Vicki C. Lumm, County Clerk