HomeMy WebLinkAbout06.14.2011 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
June 14, 2011
President Terry L. Baker called the regular meeting of the Board of County
Commissioners of Washington County, Maryland to order at 10:46 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 — JUNE 7.2011 MEETING AND MAY 24.2011
JOINT PUBLIC HEARING
Commissioner Barr, seconded by McKinley, moved to approve the minutes of the
June 7, 2011 regular meeting of the Commissioners. The motion passed unanimously.
Commissioner Barr, seconded by McKinley, moved to approve the minutes of the May 24,
2011 Joint Public Hearing with the Washington County Planning Commission. The motion
passed unanimously.
PUBLIC HEARING — PROPOSED MODIFICATION TO LANDFILL USER FEES
President Baker convened a Public Hearing at 10:50 a.m. to obtain public cormnent
regarding the proposal to modify certain landfill user fees adopted by the Board of County
Commissioners on April 19, 2011, effective July 1, 2011. County Administrator Greg
Murray, provided information on the proposal to establish an optional $15.00 annual
permit fee for the unlimited disposal of residential yard debris, which would be added to
the previously approved $130.00 and $95.00 residential municipal solid waste drop-off
permit fees for total fees of $145.00 and $110.00. The Public Hearing was opened for
public comment.
Richard Shulman of 7711 Dam #4 Road, Williamsport, stated that the Solid Waste
Department should find another business model to address its structural deficit.
Robert Bloyer of 10901 Greystone Drive, Hagerstown, expressed support for the $15.00
yard waste sticker.
James Bonds of 10852 Garrison Hollow Road, Clear Spring, questioned possible out of
state dumping and the use of employees to observe landfill activities.
Sue Allen of 15548 Falling Waters Road, Williamsport, commented on the high cost of
disposing debris from her two -acre property.
June 14, 2011
Page 2
Diane Palladino of 17845 Reiff Church Road, Hagerstown, spoke against raising the rates
for the disposal of yard waste.
Mike Nye of 20346 Ayoub Lane, Hagerstown, commented that the $15 additional fee is a
better method than using the scale.
David Earley of 11846 White Pine Drive, Hagerstown, commented that the $15 charge is
too high according to his calculations for the cost of average yard waste disposal.
Charles Sanders of 2000 Hoffmaster Road, Hagerstown discussed the $65 charge for an
additional permit sticker for a second vehicle.
Audrey Coffelt of 17823 Garden View Road, Hagerstown, stated that she has observed
improper materials being placed in landfill dumpsters.
The Public Hearing was closed at 11:31 a.m. Commissioner McKinley suggested that a
separate yard waste permit could be offered for various fees. The Commissioners discussed
the various options. It was their consensus to gather data on the use of yard waste stickers
in the coming year for review during next year's budget discussions.
Commissioner Callaham, seconded by Cline, moved to establish an optional $15.00 annual
permit fee for the unlimited disposal of residential yard debris, which would be added to
the previously approved $130.00 and $95.00 residential municipal solid waste drop-off
permit fees, for a total of $145.00 and $110.00 respectively. The motion passed
unanimously. (Resolution RS -2011-12 is located in the County Commissioners' Office)
WATER RESOURCES ELEMENT AMENDMENT TO THE COMPREHENSIVE
PLAN
Steve Goodrich, Acting Director/Chief Planner -Department of Planning and Zoning,
presented information on the proposed Water Resources Element Amendment (WRE) to
the Washington County Comprehensive Plan (CP -11-001), required by Section 1.03 of
Article 66B of the Annotated Code of Marvland. He stated that the Washington County
Planning Commission has recommended its approval. Mr. Goodrich indicated that the
WRE meets the future needs of the County's land use plan and that it would be evaluated
every six years, providing an opportunity for its continued analysis. He recommended its
approval. The Commissioners discussed the proposal.
Commissioner McKinley, seconded by Barr, moved to adopt the Water Resources Element
as presented at a Public Hearing on May 24, 2011, as an amendment to the Washington
County Comprehensive Plan. The motion passed unanimously. (Resolution RS -2011-13 is
located in the County Commissioners' Office)
June 14, 2011
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CONTRACT AWARD - MEDICAID AMBULANCE/WHEELCHAIR/TAXI
SERVICES FOR THE WASHINGTON COUNTY HEALTH DEPARTMENT
CONVENING AS A BOARD OF HEALTH:
Commissioner Callaham, seconded by Barr, moved to convene sitting as the Board of
Health at 11:56 a.m. The motion passed unanimously.
Earl Stoner, Health Officer, presented a request to the Commissioners regarding the
contract for ambulance/wheelchair/taxi services (#PUR-2011-02) issued on behalf of the
Washington County Health Department. Mr. Stoner provided details of the two bids
received. He advised that County Medical Transport was deemed to be non-responsive,
since it does not have a Specialty Care Transport License as required by the State of
Maryland, and did not bid on the full package as required. Mr. Stoner recommended that
the contract be awarded to All American Ambulance and Transport, Inc. (AM -VAN, Inc.)
for $694,640.00 from the period of July 1, 2011 -June 30, 2012 with an option to renew for
two additional consecutive one-year periods. The Commissioners discussed the proposal.
Commissioner Barr, seconded by Cline, moved to award the contract for Medicaid
Ambulance/Wheelchair/ Taxi Services to the All American Ambulance and Transport,
Inc., the low and responsive bidder, for $694,640.00 as presented, with contract funds
being 50% state funded and 50% federally funded. The motion passed unanimously.
Commissioner Cline, seconded by Barr, moved to reconvene in regular session as the
Board of County Commissioners at 12:05 p.m. The motion passed unanimously.
ADOPTION OF DECISION - MARTIN MARIETTA MATERIALS, INC.
(RZ-07-007)
Kirk C. Downey, Assistant County Attorney, presented the proposed Decision and
Findings of Fact developed in the Martin Marietta Materials, Inc. rezoning case to formally
amend the County's zoning map in Rezoning Case No. RZ-07-007. The prior decision was
remanded to the Board of Commissioners by the Circuit Court. The Commissioners
discussed the expansion of quarry operations, the mitigation efforts undertaken by the
quarry to protect nearby water supplies, and the standards governing the imposition of an
Industrial Mineral (IM) zone. The Commissioners agreed that Martin Marietta had met its
burden for an IM zone.
Commissioner Barr, seconded by McKinley, moved to adopt the Decision upon Remand in
Rezoning Case No. RZ-07-007 and the accompanying Ordinance to Amend the Zoning
Map for Washington County, Maryland in the case. The motion passed with
Commissioners Barr, McKinley, Callaham, and Cline voting "AYE" and Commissioner
Baker "NO." (Ordinance ORD -2011-12 is located in the County Commissioners' Office)
June 14, 2011
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RECESS
The Commissioners recessed at 12:17 p.m. for a luncheon meeting with the Washington
County Soil Conservation District at Homewood Suites, 1650 Pullman Lane, Hagerstown.
AFTERNOON SESSION
President Terry L. Baker called the afternoon session to order at 2:07 p.m. with the
following members present: Vice President John F. Barr and Commissioners Ruth Anne
Callaham, Jeffrey A. Cline, and William B. McKinley.
2011-2012 PROPERTY CASUALTY INSURANCE RENEWALS
Becky Maginnis, Risk Management Administrator, and Ed Seward, Broker with CBIZ
Insurance Services, Inc., provided details regarding the recommendation to renew the
policies in place during the prior policy year for Liability Policies placed with Travelers
Insurance Company, Property Policies placed with Local Government Insurance Trust, and
Airport Liability Policy placed with AIG Aviation, Inc. Ms. Maginnis indicated that
renewal premiums for all lines of coverage were held to a 1.70% increase, which is well
below budgeted premiums and increases for the insurance market. The Commissioners
discussed the bidding process and the recommendation with Mr. Seward.
Commissioner Callaham, seconded by Barr, moved to renew the policies that were in place
during the previous year for 2011-2012 as recommended. The motion passed unanimously.
Ms. Maginnis requested approval from the Commissioners for execution of a Resolution
that is necessary to amend the Restated Tryst Agreement of the Local Government
Insurance Trust. County Attorney John Martirano detailed the need for the resolution and
recommended its approval.
Commissioner Barr, seconded by McKinley, moved to approve the Resolution Approving
and Consenting to the Ninth Amended and Restated Trust Agreement of the Local
Government Insurance Trust. The motion passed unanimously. (Resolution RS -2011-15 is
located in the County Commissioners' Office)
OTHER BUSINESS
County Attorney
John Martirano stated that the Gaming Office had requested, during budget discussions, an
increase in the fee for the two-part gaming sticker, from $1.25 to $2.00, which increase
was ultimately approved as part of the FY 2012 General Fund Budget. He advised that the
change must be reflected in the Washington County Tip Jar Regulations and requested
approval from the Commissioners to make the necessary revisions.
Commissioner McKinley, seconded by Barr, moved to amend the Tip Jar Regulations of
the Washington County Gaming Office as presented, to reflect the change in the fee for the
two-part gaming sticker. The motion passed unanimously.
June 14, 2011
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ADDointments to Boards and Commissions:
Disabilities Advisoty Committee
Commissioner Cline, seconded by Callaham, moved to reappoint Melinda Propst to a first,
full term on the Disabilities Advisory Committee from August 1, 2011 through July 31,
2014; and to appoint Renee Clark to a first, full term extending through June 30, 2014. The
motion passed unanimously.
Electrical Board of Examiners and Supervisors
Commissioner Barr, seconded by McKinley, moved to reappoint Raymond Higgins and
Wayne Steenburg as Master Electrician representatives to the Electrical Board of
Examiners and Supervisors, to second, two-year terms through June 30, 2013. The motion
passed unanimously.
Washineton Countv Board of Social Services
Commissioner McKinley, seconded by Barr, moved to reappoint Sheryl Goree to a second,
three-year term on the Washington County Social Services Board, extending to June 30,
2014; and to appoint Evelyn Williams, Randy Schultz, and Bill Beard to serve first, three-
year terms from July 1, 2011 through June 30, 2014. The motion passed unanimously.
Countv Administrator
County Administrator Greg Murray advised that there are no County Commissioner
meetings scheduled until July 12 due to a planned vacation break. He noted that the first
Direct Air flight to Lakeland, Florida and Myrtle Beach, South Carolina would be on June
23. Commissioners Baker, Barr, and Callaham, along with a delegation from the Economic
Development Commission Office, will be on the inaugural flight to greet Direct Air
officials and local government representatives fiom Lakeland.
REJECTION OF BIDS — DESKTOP DELIVERY OF OFFICE SUPPLIES
Karen Luther, Purchasing Agent, and Brandi Naugle, Procurement Specialist II,
Purchasing Department, presented the recommendation to reject all bids for Office
Supplies -Desktop Delivery of Office Supplies (PUR-1157) to County Departments in the
best interest of the County and to "piggy -back" on a bid processed by Los Angeles County,
California U.S. Communities' contract with Independent Stationers; and to extend the
existing contract with Office Max through July 31, 2011. Ms, Luther detailed that this
contract would enable departments to take advantage of sales through other distributors by
not being committed to specific bid requirements as in the past. She also requested
approval to extend the current contract with Office Max through July 31, 2011. Brandi
Naugle provided details on U.S. Communities and the advantages of its cooperative buying
power. She indicated that employee training would be necessary to transition to the new
vendor.
Commissioner Callaham, seconded by Barr, moved to accept the recommendation to reject
all bids for PUR-1157 and to award the contract as presented, including the extension of
June 14, 2011
Page 6
the existing contract with Office Max through July 31, 2011. The motion passed
unanimously.
CONTRACT AWARD — RECORD-KEEPING AND ACTUARIAL CONSULTING
SERVICES
Karen Luther and Dee Hawbaker, Acting Director -Human Resources, provided
information regarding the recommendation to award the contract for Record -Keeping and
Actuarial Consulting Services for the Retirement Plan, Length of Service Award Program
(LOSAP) and other Post Employment benefits under GASB -45 (PUR-1161.) Ms. Luther
stated that CBIZ Benefits and Insurance Services of Cumberland, Maryland is the
recommended bidder for the contract, which is for an initial one-year term, with an option
by the County to renew for up to four additional consecutive one-year periods for the total
sum of $120,000.00. Ms. Hawbaker described the services provided in the contract.
Commissioner Barr, seconded by McKinley, moved to approve the Contract Award for
PUR-1161 as presented. The motion passed unanimously.
BID AWARD — GROUND MAINTENANCE CHEMICALS FOR VARIOUS_
COUNTY DEPARTMENTS (PUR 1162)
Rick Curry, Buyer -Purchasing Department, and John Kain, Superintendent -Black Rock
Golf Course, recommended bid awards to the responsible companies with the lowest
responsive bids that meet the specifications for each chemical item and that tie bids be
awarded by drawing lots. Mr. Curry requested permission to relieve Helena Chemical
Company of Pottstown, Pennsylvania (Helena) from its bid for #16, without prejudice, due
to a pricing error. Mr. Curry stated that the bids are for various County departments for a
one-year period, tentatively commencing July 1, 2011 through June 30, 2012. He stated
that bidders have indicated that price increases are expected on October 1, 2011. The
awards for tie bids #3, #18, and #29 were determined by drawing lots, pursuant to
Washington County Purchasing Policy P-2.
Commissioner Barr, seconded by Callaham, moved to award the bid for grounds
maintenance chemicals for various County Departments to the following companies, which
submitted the low responsible, responsive bids meeting specifications for each chemical as
follows, including the tie draw; and to relieve Helena from its bid as requested:
Item #1: VET - $452.55/gal.; Item #2: Helena - $28.31/gal.; Item #3: CWC Chemical -
$211.00/gal.; Item #4: VET - $345.45/gat.; Item #5: Helena - $80.50/gal.; Item #6: VET -
$108.15/gal.; Item #7: VET - $22.05/lb.; Item #8: VET - $33.60/gal.; Item #9: Helena -
$18.17/gal.; Item #10: VET - $7.50/lb.; Item #10: VET - $14.44/lb.; Item #12: Helena -
$51.75/lb.; Item #13: VET - $6.51/lb.; Item #14: VET - $400.00/gal.; Item #15: VET -
$130.00/gal.; Item #16: VET - $2,300.00/case; Item #17: Helena - $96.00/lb.; Item #18:
John Deere Landscape - $96.00/lb.; Item #19: no bid; Item #20: CWC - $53.50/gal.; Item
#21: VET - $270.00/gal.; Item #22: VET - $123.64/gal.; Item #23: Helena — $388.00/case;
Item #24: VET - $28.35/gal.; Item #25: VET - $495.00/gat.; Item #26: Genesis —
June 14, 2011
Page 7
$35.24/gal.; Item #27: Helena - $12.78/lb.; Item 28: Helena - $28.00/gal.; and Item #29:
John Deere Landscape - $398.00/gal. The motion passed unanimously.
U.S. DEPARTMENT OF JUSTICE — OFFICE OF JUSTICE PROGRAMS
BULLETPROOF VEST PARTNERSHIP GRANT
Captain Pete Lazich, Washington County Sheriff's Department, presented a
recommendation to accept the U.S. Department of Justice, Office of Justice Programs,
Bulletproof Vest Partnership "WCSO 2011 Body Armor Replacement" two-year matching
grant for $23,666.00. Captain Lazich detailed that the grant covers bulletproof vests and
that the 50% match funding would be applied for through the Governor's Office of Crime
Control and Prevention (GOCCP.)
Commissioner Cline, seconded by Barr, moved to accept the grant recommendation as
presented. The motion passed unanimously.
GOVERNOR'S OFFICE OF CRIME CONTROL AND PREVENTION — EDWARD_
J. BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT — DATA DRIVEN
APPROACH TO TRAFFIC CRIME
Captain Lazich requested acceptance of the Governor's Office of Crime Control and
Prevention Edward J. Byrne Memorial Justice Assistance Grant of $43,000.00 for "Data
Driven Approaches and Mobile Digital Technology." Captain Lazich provided details of
the no -match grant and advised that $30,000.00 would be used for in -car cameras for
deputy cruisers and $13,000.00 for overtime pay associated with the program.
Commissioner Barr, seconded by Cline, moved to accept the Governor's Office of Crime
Control and Prevention Edward J. Byrne Memorial Justice Assistance Grant for
$43,000.00 for "Data Driven Approaches and Mobile Digital Technology" as presented.
The motion passed unanimously.
WORKSHOP SESSION — URBAN GROWTH AREA COMPREHENSIVE
REZONING AND BOUNDARY ADJUSTMENTS
The Commissioners held a workshop session at 3:08 p.m. in Room 255, 100 West
Washington Street, Hagerstown, regarding updates to the proposed Urban Growth Area
(UGA) Comprehensive Rezoning and Boundary Adjustments to the County's
Comprehensive Plan. Steve Goodrich, Acting Director/Chief Planner -Department of
Planning and Zoning, presented an overview of the UGA, stating that it is a long-term
guide for making land use decisions to achieve an even more desirable living environment
for Washington County citizens when growth occurs. Mr. Goodrich discussed the changes
made to the UGA after obtaining citizen comments at public hearings held on October 12
and 14, 2010.
(Commissioner Baker left the meeting at 3:25 p.m.)
June 14, 2011
Page 8
The Commissioners discussed the information presented. Mr. Goodrich stated that the next
step would be to hold a public hearing in July.
CONVENE IN CLOSED SESSION
Commissioner Callaham, seconded by Cline, moved to convene in closed session at 4:30
p.m. to discuss the appointment, employment, assignment, compensation, and/or
performance evaluation of appointees, employees, or officials over whom it has
jurisdiction; and to discuss other personnel matters that affect one or more 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 discussed the appointment, employment, assignment,
compensation, and/or performance evaluation of appointees, employees, or officials over
whom it has jurisdiction; and discussed other personnel matters that affect one or more
specific individuals. Present during closed session were Commissioners John F. Barr, Ruth
Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Also present were Gregory
Murray, County Administrator; Vicki Lumm, County Clerk; John M. Martirano, County
Attorney; and at various times, David Engle, Director -Department of Social Services, and
Andrew F. Wilkinson, Assistant County Attorney.
RECONVENE IN REGULAR SESSION
Commissioner Cline, seconded by McKinley, moved to reconvene in regular session at
5:32 p.m.
RECESS
The Commissioners recessed at 5:32 p.m.
EVENING MEETING — TOWN OF SMITHSBURG
President Terry L. Baker called the evening session of the regular meeting of the Board of
County Commissioners of Washington County, Maryland to order at 7:04 p.m. at the
Smithsburg Town Hall, 21 West Water Street, Smithsburg, 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.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Cline reporting attending the Disabilities Advisory Committee meeting and
the Nick Adenhart 5K Run. He congratulated Father Steve McCarty, a former State Police
Trooper and Washington County Deputy Sheriff, for being ordained into the priesthood.
Mr. Cline attended the ribbon -cutting event for the new atrium addition at the Washington
County Museum of Fine Arts and the Washington County Humane Society's "LuHowl"
June 14, 2011
Page 9
fundraiser. Commissioner Cline praised the Hagerstown -Washington County Chamber of
Commerce and Maryland Public Television special premiere of "Our Town -Hagerstown"
series that explores different Maryland communities through the eyes of its citizens.
Commissioner McKinley reported on the Economic Development Commission Board
meeting and the positive energy shown by its members. He thanked Leslie Hart,
Agriculture Marketing Specialist, for the presentation given at the meeting. He attended the
Association of Builders and Contractors' (ABC) bull roast fundraiser to fund scholarships
to the Barr Academy and adult education. Mr. McKinley was present at the opening
ceremony for the new atrium addition at the Museum.
Commissioner Barr advised that he also attended the ABC fundraiser. He was recognized
at the Museum's donor reception and attended the ribbon -cutting ceremony held the next
day for the new atrium. He praised the museum and noted the contributions made over the
years by the County.
Commissioner Callaham recognized the celebration of Flag Day today and thanked all who
have worked to keep our county free. She commented on Smithsburg's contribution to the
agriculture industry. Ms. Callaham attended a meeting of the Washington County
Volunteer Fire and Rescue Association (WCVFRA.) She participated in a conference call
with the I-81 Corridor Coalition. Commissioner Callaham attended the Leadership
Washington County graduation luncheon and the Eagle Scout Court of Honor for
Benjamin Lyles Seibert. She also enjoyed the museum atrium event.
Commissioner Baker attended the EDC meeting where he presented Gary Davis, Dick
Seibert, and outgoing President Tim Henry certificates for their set -vice on the Board. He
was present at the PenMar Development Corporation Board meeting at Fort Ritchie where
discussions centered on how to keep the community centered in the tough economic times.
He also attended the WCVFRA meeting in Dargan.
Greg Murray advised that the Agricultural Marketing Specialist and the Airport Business
Development Manager positions have now been combined within the EDC Department by
this new Board of Commissioners to work together on business development. He noted
that Direct Air is starting flights from the Hagerstown Regional Airport on June 23 and
that several Commissioners will be on board to meet officials in Lakeland, Florida.
Commissioner McKinley discussed the potential for businesses coming to Washington
County as a result of the air service.
MAYOR AND COUNCIL COMMENTS
Mayor Mildred Myers welcomed the Commissioners to Smithsburg. She praised the
meetings of the Council of Governments where issues are discussed and ideas are shared
with the Commissioners and other municipalities. Randy Dick, Planning and Zoning
Administrator/Building Inspector for the Town, thanked Greg Murray and the
Commissioners for passing the Watershed Implementation Plan.
June 14, 2011
Page 10
Commissioner Baker recognized Becky Fishack, Representative of Delegate Andrew
Serafini, who was in attendance.
APPOINTMENTS TO BOARDS AND COMMISSIONS
Adult Public Guardianship Review Board
Commissioner Barr, seconded by McKinley, moved to reappoint Forrest Easton for a
second three-year term through June 30, 2014; to reappoint Dr. Allen W. Ditto, Attorney
Catherine A. Drummond, and Mary Jane Sharer to additional three-year terms through
June 30, 2014; and to appoint Elisabeth Creech to fill an unexpired term through June 30,
2012; and Jill Parker to a first, three-year term through June 30, 2014. The motion passed
unanimously.
Commission on Women
Commissioner McKinley, seconded by Callaham, moved to appoint Anastasia Broadus,
Renee Clark, Mary Ellen Waltemire, and Virgie Small to the Washington County
Commission for Women, to first, three-year terms, extending through June 30, 2014. The
motion passed unanimously.
CITIZENS PARTICIPATION
James Ulrich, Deputy Chief of the Smithsburg Emergency Medical Services, thanked the
Commissioners and Greg Murray for making Emergency Medical Services funding a
priority.
Owen Schupp of Boy Scout Troop 62 was in attendance to observe the meeting and earn
his Communications Merit Badge.
ADJOURNMENT
Commissioner Barr, seconded McKinley moved to adjourn at 7:32 p.m. The motion passed
unanimously.
Gr`ego�. qurr
John M. Martirar
Vicki C. Lumm, County Clerk