HomeMy WebLinkAbout03.27.2012 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
March 27, 2012
President Terry L. Baker called the regular meeting of the Board of County
Commissioners of Washington County, Maryland to order at 9:22 a.m. at 100 West
Washington Street, Room 227, Hagerstown, 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 provided the Invocation followed by the Pledge of Allegiance to the
Flag by the full assemblage.
APPROVAL OF MINUTES — MARCH 20, 2012
Commissioner McKinley, seconded by Callaham, moved to approve the minutes of
March 20, 2012. The motion passed unanimously.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Cline wished his father a happy 89" birthday this week. The Commissioner
was a guest speaker at a meeting of Boy Scout Troop 4. He attended an Agricultural
Education Center Board meeting and reported on fundraising progress for the
Transportation Museum. Mr. Cline attended a Chamber of Commerce mixer at the
Potomac Edison facility and welcomed Potomac Edison back to the community. Mr. Cline
was present at the Hagerstown Regional Airport for the announcement of the return of
passenger service by Allegiant Air to Sanford, Florida. He attended the Keller Williams
Realty 5K race fundraiser at the Antietam Battlefield. Commissioner Cline thanked Jersey
Mikes and Always Ron's for their fundraising efforts toward the March of Dimes "March
for Babies" walk. He attended the Maryland Municipal League (MML) meeting.
Commissioner Callaham attended a Hagerstown/Eastern Panhandle Metropolitan Planning
Organization meeting and the Chamber of Commerce mixer. She attended a Farm Bureau
meeting and the MML meeting. Ms. Callaham praised the tribute to Don and Jone
Bowman that raised funds for Hagerstown Community College (HCC) scholarships. She
served as a judge for History Day at the middle school level. Commissioner Callaham
suggested, and the Commissioners agreed, to send a certificate of merit to the Hagerstown
Municipal Band for many years of entertaining citizens and on the occasion of its April 1
appearance at the Maryland Theatre.
Commissioner Barr reported that he attended a Transportation Advisory Committee
meeting and Allegiant Air's announcement. He enjoyed the Chamber of Commerce mixer
and praised Potomac Edison for its community involvement. Mr. Barr attended the
Maugansville Ruritan Club pancake breakfast and the equine event at the Agricultural
Education Center. He thanked Agricultural Marketing Specialist Leslie Hart for organizing
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the event. Commissioner Barr attended the scholarship fundraiser at HCC in honor of the
Bowmans. He publicly thanked soon-to-be retired Lieba Cohen for her years spent
coordinating fundraising efforts for HCC.
Commissioner McKinley commented on the MML meeting and the Bowman tribute. He
reported attending an Economic Development Commission (EDC) site planning meeting
and Allegiant Air's announcement. Mr. McKinley enjoyed the mixer with Potomac Edison
that included Frederick County. He noted two fundraising events being held next month —
a clay bird shoot on April 14 for the Mason-Dixon Council of Boy Scouts, and a concert
on April 22 at St. John's Episcopal Church for the HCC Hawk scholarship foundation.
Commissioner Baker attended meetings of the Republican Club and MML. He reported on
a Community Action Council (CAC) meeting where its audit was reported as
"outstanding." Mr. Baker attended a Social Services Board presentation on the `Rester
Community Cares" group. He noted that the Family Center graduation would be held on
May 22. Commissioner Baker congratulated Knob Hall Winery owner Mary Beth Seibert
for receiving a gold medal at the International Wine Competition held in Santa Rosa,
California, noting that it earned Maryland's only gold medal in a competition between 800
wines. He thanked Marketing Specialist Greg Larsen and Airport Director Phil Ridenour
for their successful efforts to return passenger air service to Washington County.
DISCUSSION — EFFECTIVE DATE OF THE URBAN GROWTH AREA
COMPREHENSIVE REZONING AMENDMENTS
Stephen Goodrich, Director, Planning and Zoning, and Jennifer Smith, Director, Plan
Review and Permitting, advised that the Urban Growth Area (UGA) Comprehensive
Rezoning Amendments are scheduled to be brought before the Commissioners on April 17,
2012. They sought direction from the Commissioners regarding which date to use as the
effective date of the UGA provisions and how to treat plan submittals currently under
review. Mr. Goodrich suggested that site plans and preliminary plats filed with the County
before the effective date would continue to be reviewed under the zoning regulations in
effect as of the time of filing. For the period between April 17 and the effective date, he
suggested that individuals wishing to submit plans for review, pursuant to the UGA
provisions could do so, but that approval under the new provisions would not occur before
the effective date. The Commissioners discussed the matter. It was their consensus to agree
to staff's recommendations regarding the procedures to be followed in implementing the
UGA, and to make July 1, 2012 the effective date of the UGA amendments. Mr. Goodrich
indicated that staff is currently being trained on the new zoning provisions.
CONTRACT AWARD — SCALE HOUSE RELOCATION AND WHEEL WASH
FACILITY
Rick Curry, Buyer, Purchasing Department, and Dave Mason, Environmental Engineer,
Division of Environmental Management, requested approval to award the contract for the
Scale House Relocation and Wheel Wash Facility construction project (PUR-1170) for the
Solid Waste Department to the lowest responsive, responsible bidder C. William Hetzer,
Inc. of Hagerstown, Maryland, who submitted a Base Bid of $1,297,344.50 and a
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Contingent Bid cost of $600.00 for the lowest Total Sum Bid of $1,297,944.50. Mr. Curry
informed the Commissioners of the four bids received and stated that $1,803,710.00 is
budgeted in the Department's Capital Improvement Project (CIP) account for the project.
The Commissioners discussed details of the project with Mr. Mason,
Commissioner McKinley, seconded by Cline, moved to award the contract for the Scale
House Relocation and Wheel Wash Facility construction project for the Solid Waste
Department to the lowest responsive, responsible bidder C. William Hetzer, Inc. of
Hagerstown, Maryland, as presented. The motion passed with Commissioners McKinley,
Cline, Callaham, and Barr voting "AYE" and Commissioner Baker "NO."
CONTRACT AWARD — LANDFILL MONITORING SERVICES
Karen Luther, Purchasing Agent, and Cliff Engle, Director of the Solid Waste Department,
requested award of the Landfill Monitoring Services Requirements Contract (PUR-1177)
to the lowest responsive, responsible proposer, Environmental Alliance, Inc. of
Millersville, Maryland, with the lowest annual total cost of $71,640.00. Ms. Luther stated
that in 2011, the Commissioners voted to reject all bids for the services due to changes
needed in the contract language as well as notification requirements in the current contract
with Maryland Environmental Services (MES). She advised that the contract is a
requirements contact that is utilized on an as -needed basis, with no guarantee of minimum
or maximum number units of services. In addition, Ms. Luther requested that the
appropriate notice to terminate services be provided to the current contractor MES. The
Commissioners discussed the services performed with Mr. Engle. He advised that funds to
cover the services are contained in the department's budget.
Commissioner Barr, seconded by McKinley, moved to award the Landfill Monitoring
Services Requirements Contract to the lowest responsive, responsible proposer,
Environmental Alliance, Inc. of Millersville, Maryland, with the lowest annual total cost of
$71,640.00, and to provide notice to Maryland Environmental Services within sixty
calendar days of the contract expiration of the County's intention to terminate the County's
contract with MES. The motion passed unanimously.
Ms. Luther stated that her staff is hosting a luncheon today in the County Administration
Building to recognize "Purchasing Month" in March. The Commissioners thanked Ms.
Luther and her staff for the work they perform.
CITIZENS PARTICIPATION
There were no citizens present who wished to participate.
OTHER BUSINESS
County Administrator
County Administrator Greg Murray discussed the ramifications of the building excise tax
charged on certain projects such as small businesses wanting to change their designated
use. The Commissioners expressed the desire to have the flexibility to react at the "speed
of business" and agreed to hold future discussions on the subject.
March 27, 2012
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Mr. Murray indicated that the County's current Residential Stimulus Program expires on
June 30, 2012. He stated that a number of contractors have reached their building limit but
would like to continue building and thereby keep their employees working. The
Commissioners discussed the results of the Program and whether the building limit
allowed per developer should be expanded.
Commissioner Callaham, seconded by Cline, moved to expand the Residential Stimulus
Program by allowing an additional six building permits per developer. The motion passed
unanimously.
Mr. Murray discussed a funding request of $1,500.00 for Hotel Rental Tax Funds by the
Historical Society for its Mad Hatter's Ball. He stated that Jim Hovis, Director of the
Office of Community Grant Funding, has evaluated the request, and the Commissioners
had provided the same amount to the organization last year. It was the consensus of the
Commissioners to discuss the request at a future meeting and make a decision based upon
the guidelines to be determined for granting such requests through the Office of
Community Grant Management,
REPORTS FROM COUNTY STAFF
Office of Communitv Grant Management
James Hovis, Director, Office of Community Grant Management, updated the
Commissioners on various gaming bills that are moving through the legislative process.
HOTEL RENTAL TAX FUND ALLOCATION PROCESS
Debra Murray, Finance Director, and James Hovis, Director, Office of Community Grant
Management (OCGM), discussed the revised process by which County Hotel Rental Tax
Fund (HRTF) money will be allocated. Mr. Hovis reviewed four documents developed or
revised by the OCGM pertaining to the process - the Application, Guidelines, Instruction,
and Grant Report Form. He stated that the OCGM will review and process the Application
for approval and disbursement by the County Administrator for requests $25,000.00 and
below. Greg Murray advised that no more than 30% of the grant funds would be awarded
using that method. Applications exceeding $25,000.00 will be brought before the County
Commissioners for consideration and ultimate approval and disbursement. Organizations
receiving funds will be required to report how funds were used, to detail the success of the
event, and describe the event's impact to the local economy. The Commissioners reviewed
the documents and discussed the new process. It was the consensus of the Commissioners
to move forward with the allocation process as presented.
CITY OF HAGERSTOWN'S ARTS AND ENTERTAINMENT DISTRICT
Karen Giffin, Community Affairs Manager, and Christy Blake, Downtown Business
Recruitment and Retention Manager, City of Hagerstown, stated that the City is currently
renewing its Arts and Entertainment District (A&E) designation. Ms. Giffin requested a
letter of support for the renewal and acknowledgment that the incentives offered in the
District may affect the County's income tax and property tax revenue. She referred to a
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2006 resolution adopted by the Commissioners that provides for a County tax credit on
certain manufacturing, commercial, or industrial buildings in the A&E. The
Commissioners discussed the tax implications and suggested that the EDC be involved.
They also requested a report from the City of Hagerstown on the number of properties
affected by the designation.
Commissioner Barr, seconded by McKinley, moved to provide a letter to the City of
Hagerstown supporting the renewal of the City's Arts and Entertainment District and
acknowledging awareness of the impact of the District's incentives on County income tax
and property tax revenue. The motion passed unanimously.
BID AWARD —COLE ROAD AT MASSEY BOULEVARD INTERSECTION
IMPROVEMENTS
Rob Slocum, Deputy Director of Public Works -Engineering and Construction, and Scott
Hobbs, Chief of Engineering Design, recommended award of the Cole Road at Massey
Boulevard Intersection Improvements Contract (No. RD -CM -221-10) to the lowest
responsive, responsible bidder, Huntzberry Brothers, Inc., for $159,834.00. Mr. Slocum
provided details of the project and advised that County engineers had estimated its total
cost to be $175,000.00.
Commissioner McKinley, seconded by Barr, moved to award the Cole Road at Massey
Boulevard Intersection Improvements contract to the lowest responsive, responsible
bidder, Huntzberry Brothers, Inc., for $159,834.00. The motion passed unanimously.
RECESS - LUNCHEON WITH WASHINGTON COUNTY FREE LIBRARY
BOARD OF TRUSTEES
The Commissioners recessed at 11:41 a.m. to attend a luncheon and budget presentation by
the Washington County Free Library Board of Trustees, at its temporary location at 101
Tandy Drive, Hagerstown.
AFTERNOON SESSION
President Terry L. Baker called the afternoon session to order at 2:01 p.m. with the
following members present: Commissioners John F. Barr, Ruth Anne Callaham, Jeffrey A.
Cline, and William B. McKinley.
EMERGENCY SOLUTIONS GRANT SUPPLEMENTAL APPLICATION
Dave Jordan, Director, and Sherry Neil, Deputy Director of the Washington County
Community Action Council, provided details of the FFY 2011 Emergency Solutions Grant
(ESG) supplemental application (formerly the Emergency Shelter Grant) and requested
approval of its submittal to the Department of Housing and Community Development. Mr.
Jordan advised that $25,000.00 became available for the program that helps to prevent
homelessness by providing funding for the operation and maintenance of the Community
Action Council, CASA, and REACH, Inc.
March 27, 2012
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Commissioner McKinley, seconded by Barr, moved to approve submission of the FFY
2011 Emergency Solutions Grant supplemental application and forthcoming grant and
sub -recipient agreements to the Department of Housing and Community Development.
The motion passed unanimously.
HOMELESS PREVENTION AND RAPID RE -HOUSING PROGRAM
SUPPLEMENTAL FUNDING
Sheny Neil requested approval of amended grant agreements for the Homeless Prevention
and Rapid Re -Housing Program (HPRP) to be submitted to the Maryland Department of
Housing and Community Development for supplemental funding of $7,633.00. She
indicated that the HPRP program works similarly to the Rental Allowance Program offered
by the Community Action Council in which a monthly rental subsidy will be paid directly
to the landlord. Ms. Neil indicated that this is supplemental funding from the American
Recovery and Reinvestment Act of 2009 and that no matching funds are required to
received the grant funds.
Commissioner Barr, seconded by McKinley, moved to approve the amended grant
agreements for the Homeless Prevention and Rapid Re -Housing Program to be submitted
to the Maryland Department of Housing and Community Development for supplemental
funding. The motion passed unanimously.
BUDGET PRESENTATION — BOARD OF EDUCATION
Dr. Clayton M. Wilcox Superintendent, and Boyd Michael, Chief Financial Officer, of
Washington County Public Schools (WCPS), presented a balanced budget of
$245,953,614.00 for FY 2013. Dr. Wilcox stated that the Board is requesting maintenance
of effort from the County of $89,857,481.00, which represents an increase of $339,000.00
over FY 2012. Dr. Wilcox and Mr. Michael reviewed projected revenue and expenses for
WCPS. The bodies discussed raises to be given to school system employees and teacher
pension costs that may be transferred from the State to local jurisdictions.
HOTEL RENTAL TAX FUND ALLOCATION PROCESS (cont.)
Jim Hovis and Debra Murray discussed specific categories of events that the
Commissioners feel are most appropriate to receive the highest level of consideration for
Hotel Rental Tax (HRTF) funding. The Hagerstown -Washington County Convention and
Visitors Bureau, municipalities, and economic development projects will not fall under the
Office of Community Grant Management (OCGM) application process to receive funds.
The Commissioners discussed general criteria to be considered. It was their consensus to
favor projects that generate overnight hotel stays, encourage support of County businesses,
restaurants, attractions; that reach a broad spectrum of the community, seek multiple
sources of support, yield benefits to the community, promote cooperation to reduce costs,
and enhance or improve the community. Requests that would not be considered for HRTF
funding would be funding for individuals, normal operating/administrative expenses,
organizations that support political candidates or exist to influence legislation, for-profit
ventures, endowments, and organizations with budget deficits.
March 27, 2012
Page 7
GENERAL FUND BUDGET DISCUSSION
Debra Murray, Finance Director, and Kim Edlund, Assistant Finance Director, discussed
general fund budget revenues for FY 2013 including real estate tax, corporate personal
property tax, income tax, and recordation tax. Ms. Murray advised that a drop in revenue is
expected. She discussed expenses listed for the Board of Education and Public Safety,
where rising fuel costs negatively affect those operating budgets. Ms. Murray indicated a
$56,420.00 net increase in personnel costs. She stated that the budget contains a proposal
for a one-time $600.00 stipend in July 2012 for County employees, instead of raises.
County employees have not received raises in four years. The Commissioners discussed
the proposal, which would cost $325,000.00 — the same amount it would cost to give all
employees a 2% raise. The one-time distribution was recommended due to the uncertainty
of providing higher pay rates in the future. An additional personal day for each employee is
being recommended that would allow a scheduled day off instead of an additional holiday.
Greg Murray referred to the excise tax line item and stated that the Commissioners would
have to discuss what could be done to overcome a $1 million deficit next year. He
indicated that the budget being presented is balanced and erring on the side of caution.
The Commissioners discussed pension fund contributions and library funding.
CONVENE IN CLOSED SESSION
Commissioner Barr, seconded by McKinley, moved to convene in closed session at
3:33 p.m. to discuss the appointment, employment, assignment, promotion, discipline,
demotion, compensation, removal, resignation, 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 counsel to obtain legal
advice, and to discuss a matter directly related to a negotiating strategy as public disclosure
or discussion would adversely impact the ability of the public body to participate in the
competitive bidding and/or proposal process, 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,
promotion, discipline, demotion, compensation, removal, resignation, 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 counsel to
obtain legal advice; and discussed a matter directly related to a negotiating strategy as
public disclosure or discussion would adversely impact the ability of the public body to
participate in the competitive bidding and/or proposal process. Present during closed
session were Commissioners John F. Barr, Terry L. Baker, 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 Kirk C. Downey, Assistant County Attorney; Andrew F. Wilkinson,
March 27, 2012
Page 8
Assistant County Attorney; Phil Ridenour, Airport Director; Angela Smith, Deputy
Director of the Division of Plan Review and Permitting; Jennifer Smith, Director of the
Division of Plan Review and Permitting; Julie Pippel, Director, Division of Environmental
Management; and Stephanie Stone, Director of Health and Human Services.
ADJOURNMENT
Commissioner Barr, seconded by Cline, moved to adjourn at 5:32 p.m. The motion passed
unanimously.
Gregory B. �4urray, C unty Administrator
k M.4
John M. Martirano o try
Vicki C. Lumm, County Clerk