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HomeMy WebLinkAbout07.26.2011 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland July 26, 2011 President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 10:05 a.m. with the following members present: Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. (Commissioner John F. Barr was absent until 10:48 a.m.) INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Mark Sandell of St. Andrew Presbyterian Church offered the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES —June 19.2011 Commissioner McKinley, seconded by Callaham, moved to approve the minutes of July 19, 2011. The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner Cline thanked the Highway Department and Department of Emergency Services for their response to recent storm events. He reported on a Quad State Legislative conference with legislators and their representatives to discuss common issues that affect the respective counties. Mr. Cline attended an Airport Advisory Commission meeting and Chamber of Commerce event sponsored by Ellsworth Electric to discuss the economy with local business leaders. He was present at the State Legislative Redistricting meeting in Hancock. Commissioner Cline described his participation in the Ag Expo event where he judged the Iron Chef competition and thanked Highway Department employee Mike Drake for his volunteerism. He commented on the state Little League Tournament being held at the Maugansville Little League this year and thanked the players and volunteers. Commissioner Callaham reported on the educational and cultural aspects of the Ag Expo and Fair. She noted that the Conococheague Little League won a state championship tournament Little League series game, thereby advancing them in the tournament. Ms. Callaham was present at a Housing Authority meeting and discussed the successful program, supported by the former Board of Commissioners, which has assisted five families in owning their own homes. Commissioner McKinley thanked County staff for responding to the needs of citizens and Commissioners during recent storms and thanked citizens who are involved in the work of local government. He reported on the Commissioners' meeting last week in Keedysville. Mr. McKinley enjoyed attending the Ag Expo and Fair and congratulated the organizers for the wonderful events held this year. He praised the Maugansville Little League for earning the privilege of hosting the state competition this week. Commissioner McKinley reported on the Maryland Municipal League (MML) meeting sponsored by the Town of Williamsport. July 26, 2011 Page 2 Commissioner Baker thanked the citizens and Town of Keedysville for hosting the Commissioners' meeting last Tuesday. He reported on concerns expressed by citizens at the meeting. Mr. Baker attended the MML event and stated that it was a great opportunity for discussion between municipalities. He advised that he would be volunteering at the Ag Expo entrance gate on Saturday. CITIZENS PARTICIPATION Brent Walls, Upper Potomac River Manager for the Potomac Riverkeeper organization, spoke on behalf of several residents in the Walnut Point community. He discussed problems with drinking water and septic systems in the area and the response of the Washington County Health Department. County Administrator Greg Murray addressed several of his concerns. Robert Ebersole of 16432 Kendle Road, Williamsport read a letter that he presented to the Commissioners concerning planning and zoning issues. RURAL LEGACY PROGRAM EASEMENT APPROVAL — SAVILLE Eric Seifarth, Rural Preservation Administrator, and Cody Shaw, Land Preservation Planner, Planning and Zoning Department, recommended approval of the Steven L. Saville and Leona M. Saville Rural Legacy Program Easement Project for approximately $275,000.00, located at 5222 and 5226 Mt. Briar Road, Keedysville. Mr. Seifarth indicated that this would conclude the County's 2010-2011 total grant award of $1.5 million. He provided information on the Rural Legacy Program (RLP) and the priority ranking process, and stated that easement funds are 100% state -paid. The Commissioners discussed the recommendation with Mr. Seifarth. Commissioner Cline, seconded by Callaham, moved to accept the Steven L. Saville and Leona M. Saville Rural Legacy Program Easement Project for approximately $275,000.00 and to approve the acquisition of the rural legacy easement as presented, and to execute such documents, including an ordinance, as may be required. The motion passed unanimously. (Ordinance No. ORD -2011-14 is located in the County Commissioners' Office) (Commissioner Barr arrived at 10:48 a.m.) OTHER BUSINESS Countv Clerk County Clerk Vicki Lumm indicated that the approved July 12, 2011 minutes contained a typographical error in the motion made to accept the Edward Byrne Memorial Justice Assistance Program grant of $16,314.00. She stated that the incorrect amount of $20,860.00 was typed in the motion made to approve the item but it should have been $16,314.00. She requested a curative motion to correct the July 12, 2011 approved minutes to accurately reflect the motion that was made and unanimously passed. July 26, 2011 Page 3 Commissioner Barr, seconded by McKinley, moved to allow the County Clerk to correct the July 12, 2011 approved minutes as presented, to correct a typographical error and accurately reflect the motion that was made and unanimously passed. The motion passed unanimously. County Administrator County Administrator Greg Murray advised that interviews for the Director of Planning and Director of Health and Human Services are complete and that a date would be set for the Commissioners to interview the final candidates. Mi•. Murray discussed a plan to hold a future "Customer Appreciation Month" at the Plan Review and Permitting Department to familiarize citizens with several new processes and ensure them that the County is there to serve them. REPORTS FROM COUNTY STAFF Public Works Joe Kroboth, III, Public Works Director, announced that August 1 would be the initiation date for transfer service at the new Transit Center, which replaces the current West Washington Street railroad overpass location. He advised that notifications were made during the past few weeks to prepare the public for the change. Mr. Kroboth congratulated Pete Loewenheim, Communications Maintenance Manager, who was named Radio Frequency Technologist of the Year for the Delaware, District of Columbia, and Maryland Chapter of the Association of Public Safety Communications Officials in April. He advised that Mr. Loewenheim has now been awarded the honor at the international level. The Commissioners congratulated Mr. Loewenheim for attaining the distinguished award. COMMISSIONER COMMENTS (cont.) Commissioner Barr apologized for missing the meeting this morning due to an important commitment. He reported on his participation in the Ag Expo Fair and praised the volunteers and participants. Mr. Barr urged citizens to support the Ag Market Sale this Thursday evening for the benefit of the organization's scholarship fund. OTHER BUSINESS Miss Marvland Scholarship Paaeant Robert E. Bruchey, II, Mayor, and Karen Giffin, Director of Community Affairs for the City of Hagerstown, along with Tom Riford, President and CEO, Hagerstown -Washington County Convention and Visitors Bureau, discussed renegotiation of the lease for use of the Maryland Theatre for the Miss Maryland Scholarship Pageant held at that venue the past five years. Ms. Giffin indicated that one week's rent for the Theatre is being proposed at $34,000.00, to remain constant for the next five years. She indicated that the City would enter into an agreement with the Theatre under those terms. The City is requesting that the County contemporaneously enter into a Memorandum of Understanding (MOU) with the City, in which the Countywould agree to contribute $16,000.00 per year, the Miss Maryland Scholarship Pageant organization $10,000.00 per year, and the City $8,000.00 July 26, 2011 Page 4 per year towards the above -referenced rent for the next five years. Mr. Riford provided details on the pageant's positive impact to businesses in Washington County. The Commissioners discussed the request. Commissioner Callaham suggested that a broader discussion be held regarding the Maryland Theatre and its role in the community before committing to the agreement. For that reason, she stated that she could not support a five- year commitment at this time, but would support a one-year agreement. Commissioner McKinley, seconded by Cline, moved to support the five-year lease renewal agreement between the City and the Maryland Theatre, and to approve an MOU between the City and County that would provide for a County contribution of $16,000.00 per year as presented, with County funds taken from the Hotel Rental Tax Fund. The, motion passed with Commissioners McKinley, Cline, Barr, and Baker voting "AYE" and Commissioner Callaham "NO." CONTRACT AWARD — WRIGHT ROAD EMERGENCY FORCE MAIN REPAIR Rick Curry, Buyer -Purchasing Department, and Dave Mason, Environmental Engineer - Division of Environmental Management, requested approval of a contract award (PURA 160) for the Wright Road Emergency Force Main Repair Project for the Division of Environmental Management, to the responsive, responsible bidder Fayetteville Construction, Inc., of Fayetteville, Pennsylvania, who submitted a Base Bid of $106,542,00 and a Contingent Bid cost of $1,094.00 for the lowest total sum bid of $107,636.00. Mr•. Curry provided details of the project and the bids received. Mr. Mason answered questions from the Commissioners regarding the wide variations between the bids. Commissioner Barr, seconded by McKinley, moved to approve the contract award to the responsive, responsible bidder Fayetteville Construction, Inc. of Fayetteville, Pennsylvania for the Project as presented. The motion passed unanimously. RECESS The Commissioners recessed at 11:35 p.m. to attend lunch and tour the Washington County Ag Expo and Fair, 7313 Sharpsburg Pike, Boonsboro. AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:50 p.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. CHANGE ORDER - WASHINGTON COUNTY FREE LIBRARY RENOVATION AND EXPANSION Joe Kroboth, III, and Gary Pozzouli, Project Manager, Capital Projects -Engineering, requested Change Order No. 10 for $41,273.22 for the removal of an abandoned underground fuel storage tank found during construction of the Washington County Free July 26, 2011 Page 5 Library Renovation Project. Mi•. Kroboth detailed that the work would include removing the tank, performing environmental testing, evacuating any contaminated soils, and backfilling the void with suitable materials. The Commissioners discussed the request. Commissioner McKinley, seconded by Cline, moved to approve Change Order No. 10 for $41,273.22 for the Washington County Free Library Renovation Project as presented. The motion passed with Commissioners McKinley, Cline, Callaham, and Baker voting "AYE" and Commissioner Barr "ABSTAIN." CONVENE IN CLOSED SESSION Commissioner Cline, seconded by McKinley, moved to convene in closed session at 2:00 p.m. to discuss the appointment, employment, assignment, compensation, 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 staff, consultants, or other individuals about pending or potential litigation; 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 discussed the appointment, employment, assignment, compensation, and/or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; consulted with staff, consultants, or other individuals about pending or potential litigation; 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, County Clerk; John Martirano, County Attorney; Andrew F. Wilkinson, Assistant County Attorney; and Joe Kroboth, III, Public Works Director. RECONVENE IN OPEN SESSION Commissioner Callaham, seconded by Barr, moved to reconvene in open session at 2:35 p.m. The motion passed unanimously. WELCOMING RECEPTION AND DISCUSSION — ECONOMIC DEVELOPMENT COMMISSION BOARD MEMBERS The Commissioners welcomed members of the Economic Development Commission (EDC) Board. Shelby Penn, Chair, and Tim Troxell, EDC Director, provided information on the Board's strategic priorities and action plans for the immediate future and the economic development goals for the County for 2011-14. Ms. Penn introduced Board members in attendance that provided objectives for the various committees on which they serve. The parties discussed how to attract new businesses to Washington County and to support the current businesses in the community. Several initiatives offered included July 26, 2011 Page 6 providing more "pad -ready" sites for businesses, meeting with the Hagerstown/Washington County Industrial Foundation, Inc. (CHIEF) to share expertise, and deferring fees for businesses until the time of permitting. It was the consensus of the group to set a future joint meeting in September 2011 and to continue to meet quarterly thereafter. ADJOURNMENT Commissioner Barr, seconded by Cline, moved to adjourn at 4:17 p.m. The motion passed unanimously. Gregory & Murray, Cq(rnty Administrator John M. Martirano, Qounty- ttorney Vicki C. Lumm, County Clerk