HomeMy WebLinkAbout05.08.2012 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
May 8, 2012
President Terry L. Baker called the regular meeting of the Board of County
Commissioners of Washington County, Maryland to order at 9:50 a.m. in Room 227 at 100
West Washington Street, with the following members present: Comrnissioners Ruth Anne
Callaham, Jeffrey A. Cline, and William B. McKinley. Commissioner Barr was absent
from the meeting.
INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner Baker offered the Invocation followed by the Pledge of Allegiance to the
Flag by the full assemblage.
APPROVAL OF MINUTES — MAY 1. 2012
Commissioner McKinley, seconded by Cline, moved to approve the minutes of
May 1, 2012. The motion passed unanimously.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Cline extended condolences to families of the Williamsport youths killed in
an automobile accident over the weekend. Mr. Cline congratulated Ghattas Enterprises for
its new construction project at Fountainhead Plaza. He described a visit to local business
Antietam Metals by the Commissioners and Economic Development Commission (EDC)
staff. Commissioner Cline complemented County Administrator Greg Murray,
Commissioner McKinley, and EDC Chair Hal Lucas for their presentation on economic
development at the Chamber of Commerce's recent Eggs and Issues breakfast. Mr. Cline
attended a Land Use Committee meeting of the Home Builders Association and a
ceremony at the Halfway Little League at Nick Adenhart Memorial Field. He enjoyed the
"Washington County Reads" event at the Valley Mall including a performance by the
Hagerstown Children's Theatre Broadway Bound performing arts group. Commissioner
Cline attended an open house for the Tom Betts farm and served as a judge at the "Bark for
Life" event to benefit the American Cancer Society. He visited the Williamsport Town
Museum during the weekend Museum Ramble and presented a proclamation to nursing
professionals at Meritus Medical Center in recognition of Nurses' Day.
Commissioner Callaham attended the Halfway Little League ceremony. She enjoyed the
"Ride Through the Streets of Hagerstown" event hosted by Hub City Cycles where she
spoke with attendees at a Boy Scout Camporee at Hagerstown City Park. Ms. Callaham
attended a Hagerstown Suns baseball game and discussed the importance of scouting and
baseball in the lives of young persons. She described the open meeting held this morning
by the EDC Board where members discussed the new direction for the Board.
Commissioner McKinley discussed recent EDC meetings and the excitement regarding
economic development in Washington County. He reported on a Planning Commission
meeting where members approved all requests submitted by citizens. He attended a
May 8, 2012
Page 2
Long Meadow Rotary Club meeting where Saint Maria Goretti High School Principal
Richard Fairley was introduced. Mr. McKinley congratulated Betsy Ayers on her
equestrian business endeavor during the open house at the Tom Betts farm. He attended a
ribbon cutting at Hagerstown Imaging and a tour of the Volvo Powertrain plant. Mr.
McKinley indicated that Volvo officials have been invited to make a presentation at a
future County Commissioners' meeting. He enjoyed a reception at the Washington County
Museum of Fine Arts. Commissioner McKinley was pleased with the Eggs and Issues
presentation and the support shown by attendees for economic development efforts. He
extended condolences to the families of the Williamsport youths.
Commissioner Baker attended the morning EDC meeting. He attended the Lincoln -Reagan
Day dinner where speaker Dave Craig complemented Washington County on its stable
financial position and its low costs for delivery of services to citizens. During a recent
Rotary Club dinner, Mr. Baker introduced speaker Elizabeth Morgan, former Washington
County Public School Superintendent and member of President Obama's task force to
lower the high school student dropout rate. He discussed the Science, Technology,
Engineering, and Math (STEM) building dedication at Hagerstown Community College
(HCC) attended by Governor Martin O'Malley. Mr. Baker attended the Local Delegation's
public legislative wrap-up presentation at HCC. He congratulated Ghattas Enterprises on
its new construction project. Commissioner Baker discussed stadium funding ideas that he
presented during last week's Commissioners' meeting and stressed the need for employee
and retiree pay raises.
County Administrator Greg Murray announced that Commissioner Barr was absent from
today's meeting to attend meetings with airline representatives.
OTHER BUSINESS
Countv Attornev
Animal Control Ordinance — Potential Revision
Assistant County Attorney Kirk C. Downey presented a draft of Revision 5 to the Animal
Control Ordinance for Washington County, Maryland (ACO) containing various revisions
that staff has determined are necessary since Revision 4. Mr. Downey advised the
Commissioners that interested parties have requested changes to the ACO regarding a
leash law, and although that change is included in the draft Revision, the Commissioners
have not discussed or requested the change. He requested permission to schedule a public
hearing to obtain comment on the revisions. It was the consensus of the Commissioners to
hold an evening public hearing to obtain comments regarding Revision 5 of the ACO.
Annointments to Countv Boards and Commissions
Washington Countv Recreation and Parks Advisory Board
Commissioner McKinley, seconded by Callaham, moved to appoint Daniel Kerns to a first,
three-year term the Recreation and Parks Advisory Board through April 30, 2015. The
motion passed unanimously.
May 8, 2012
Page 3
Washineton Countv Aericultural Education Center
Commissioner Cline, seconded by McKinley, moved to reappoint Donna Schmidt and Phil
Mertz to second, three-year terms on the Washington County Agricultural Education
Center through April 30, 2015; to appoint John Shank, Sr. to a first full, three-year term
through April 15, 2015; and to appoint Sue Hull to fill an unfulfilled term through April
30, 2014. The motion passed unanimously.
Countv Administrator Comments
County Administrator Greg Murray referred to The Herald Mail's recent editorial entitled
"Secrecy is Not Good Policy for County Commissioners" and discussed the difference
between secrecy and confidentiality. He described methods for offering economic
development incentives and the reasons for maintaining confidentiality during certain
periods of discussion.
Mr. Murray addressed recycling options that are available to Washington County residents
and the comments received by citizens regarding the Commissioners' efforts to foster
curbside recycling. The Commissioners discussed the recycling options being offered to
citizens by private companies.
CITIZENS PARTICIPATION
There was no one present who wished to participate.
ACOUISITION OF REAL PROPERTY —11351 ROBINWOOD DRIVE
Joe Kuhna, Real Property Administrator, requested approval to enter into an option
agreement for partial real property acquisition at 11351 Robinwood Drive to allow for
future widening and improvements planned in the area. Mr. Kuhna stated that $133,710.00
is available in the Capital Improvement Project Budget for the acquisition. The
Commissioners discussed the improvements planned at Robinwood Drive near
Hagerstown Community College. Commissioner Baker expressed concerns regarding the
purchase price.
Commissioner McKinley, seconded by Cline, moved to approve an option agreement for
partial real property acquisition at 11351 Robinwood Drive for the purpose stated, adopt an
ordinance approving said purchase, and authorize the execution of the required
documentation as presented. The Commissioners discussed the traffic issues in the area.
The motion passed with Commissioners McKinley, Cline, and Callaham voting "AYE"
and Commissioner Baker "NO." (Commissioner Barr was absent from the meeting.)
(Ordinance No. ORD -2012-10 is located in the County Commissioners' Office)
AWARD OF BIDS FOR WASHINGTON COUNTY GENERAL OBLIGATION
BONDS OF 2012
Les Guthorn, Financial Advisor, Public Advisory Consultants, and David Funk, Bond
Counsel, Funk and Bolton, reviewed the online bids via the Parity Service for Washington
County, Maryland General Obligation Bonds in two series: Public Improvement Bonds of
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2012 for $17,765,000.00 and Refunding Bonds of 2012 for $8,120,000.00. The
Commissioners viewed the bids online and evaluated the ones representing the lowest
interest rate to the County. Mr. Guthorn announced that the low bid received for Public
Improvement Bonds was offered by Davenport and Co., LLC at the True Interest Cost of
2.72%, a substantial bid that was apart from others received.
Mr. Guthorn reviewed bids received for $8,120,000.00 Refunding Bonds of 2012 and
announced the apparent low bid of 1.64% from J.P. Morgan Securities. He subsequently
confirmed by telephone the bids offered. David Funk explained the process to approve the
Supplemental Resolution.
Commissioner Cline, seconded by McKinley, moved to award the bids for the General
Obligation Bonds of 2012 to the bidders with the lowest interest cost to Washington
County and to approve the Supplemental Resolution as presented. Commissioner Baker
commented that he would be voting against the motion due to his stance on borrowing
amounts. The motion passed with Commissioner Cline, McKinley, and Callaham voting
"AYE" and Commissioner Baker "NO." (Commissioner Barr was absent from the
meeting.) (Resolution No. RS -2012-07 is located in the County Commissioners' Office.)
ACOUISITION OF REAL PROPERTY — EASTERN BOULEVARD
Joe Kuhna, Real Property Administrator, requested approval to enter into an option
agreement for partial real property acquisition at the Allegheny Power substation
(Antietam Substation) located on Eastern Boulevard for future widening and
improvements planned in that area. Mr. Kuhna stated that $15,108.00 is available in the
Capital Improvement Project Budget for the acquisition.
Commissioner Callaham, seconded by Cline, moved to approve an option agreement for
partial real property acquisition at Antietam Substation, Eastern Boulevard for the purpose
stated, adopt an ordinance approving said purchase, and authorize the execution of the
required documentation as presented. The motion passed unanimously. (Commissioner
Barr was absent from the meeting.) (Ordinance No. ORD -2012-11 is located in the County
Commissioners' Office)
MUTUAL FIREFIGHTING AND RESCUE ASSISTANCE AGREEMENT
Kevin Lewis, Director of Emergency Services, recommended that the Commissioners
execute an agreement (Agreement) with the Board of Supervisors of Loudoun County,
Virginia and the Loudoun County Department of Fire, Rescue and Emergency
Management regarding the provision of fire, rescue, and ambulance services in the event of
disasters or emergencies. Mr. Lewis discussed the Agreement that sets forth provisions for
cooperation among jurisdictions when local assistance is required or requested.
Commissioner McKinley, seconded by Cline moved to approve the Mutual Firefighting
and Rescue Assistance Agreement as presented. The motion passed unanimously.
(Commissioner Barr was absent from the meeting.)
May 8, 2012
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FFY 2007 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT
Kevin Lewis recommended the acceptance of a FFY 2007 Public Safety Interoperable
Communications Grant of $67,904.43. He advised that funding is part of the Washington,
Allegany, and Garrett County Interoperability Network (WAGIN) project for the
installation of additional interoperable communications equipment. Mr. Lewis advised that
Allegany County would be paying the required 25% match ($16,976.10) as part of site
work being done at locations within that county.
Commissioner McKinley, seconded by Callaham, moved to accept the FFY 2007 Public
Safety Interoperable Communications grant of $67,904.43 and authorize the execution of
the required documentation as presented. The motion passed unanimously. (Commissioner
Barr was absent from the meeting.)
ADDRESSING ORDINANCE FOR WASHINGTON COUNTY
Kevin Lewis presented information on an Addressing Ordinance for Washington County,
Maryland that sets forth the policy and procedures for providing a reliable and consistent
system of assigning addresses to habitable structures, commercial and industrial structures,
communication towers, and certain public utilities within the County. The Commissioners
discussed the proposal with staff that were present. It was the consensus of the
Commissioners to schedule a public hearing to obtain continents regarding the proposed
Ordinance.
RECESS
The Commissioners recessed at 11:45 a.m. to attend the Youth Meritorious year-end
luncheon at the Elgin Station Community Center, 40 Elgin Boulevard, Hagerstown.
AFTERNOON SESSION
President Terry L. Baker called the afternoon session to order at 1:42 p.m. with the
following members present: Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and
William B. McKinley.
RECOGNITION OF HEATHER KEELS
The Commissioners presented a County lapel pin and tabletop flag to The Herald -Mail
reporter Heather Keels, who is leaving her employ at the newspaper. The Commissioners
wished her well in her new position with the State Highway Administration.
BID AWARD — MAUGANS AVENUE AT CRAYTON BOULEVARD SIGNAL
Rob Slocum, Deputy Director, and Scott Hobbs, Chief of Engineering Design, requested
approval to award the Maugans Avenue at Crayton Boulevard Signal contract (MS -CB -96-
12) to Valley Quarries, Inc. of Chambersburg, Pennsylvania for $282,646.00. Mr. Slocum
advised that the project includes a traffic signal and the installation of an Americans with
Disabilities Act accessible sidewalk on the north side of the intersection. He also requested
a budget transfer of $282,646.00 in order to award the project as recommended.
May 8, 2012
Page 6
Commissioner McKinley, seconded by Callaham, moved to award the Maugans Avenue at
Crayton Boulevard Signal contract to Valley Quarries, Inc. for $282,646.00 and approve a
budget transfer of $282,646.00 to accommodate the project. The motion passed
unanimously. (Commissioner Barr was absent from the meeting.)
RESOLUTION — SENIOR CITIZEN SUPPLEMENTAL HOMEOWNERS'
PROPERTY TAX CREDIT
Kirk C. Downey, Assistant County Attorney, introduced a Resolution establishing a tax
credit for individuals meeting certain qualifications who are 65 years of age or older. The
current Resolution provides for a combined minimum income level of $12,000.00. The
Commissioners approved a $15,000.00 level during their April 17, 2012 regular meeting.
The Commissioners discussed the proposal with County Treasurer Todd L. Hershey.
Commissioner Cline, seconded by McKinley, moved to adopt the Senior Citizen
Supplemental Homeowners' Property Tax Resolution as presented. The motion passed
unanimously. (Commissioner Barr was absent from the meeting.) (Resolution No.
RS -2012-08 is located in the County Commissioners' Office.)
APPALACHIAN REGIONAL COMMISSION PRELIMINARY PROJECT
DESCRIPTIONS
Robert Mandley, Project Coordinator, Economic Development Commission (EDC), and
Guy Winterberg, Assistant Director of the Tri -County Council for Western Maryland
presented a list of requests developed from submittals of various municipalities and
organizations for funding through the Appalachian Regional Commission (ARC.) Mr.
Mandley reported that approximately $1.3 million is anticipated to be available for ARC
projects between the three western counties. The Commissioners reviewed the submittals
and recommended the following project rankings: 1) Washington County Public Works
Airport Marketing Plan (Economic Development) - $75,000.00; 2) Town of Hancock
Municipal Fiber Extension (Community Development) - $7,500.00; 3) Hagerstown
Community College Energy House Building (Education) - $150,000.00; 4) Hagerstown -
Washington County EDC Manufacturers Supply Chain Study (Economic Development) -
$25,000.00; 5) Leadership Washington County Development Program (Community
Development) - $10,000.00; and 6) City of Hagerstown Wastewater Collection System
(Infi•astructure) - $200,000.00. Washington County is eligible for a 50/50 match in ARC
funding. In addition, the Commissioners approved the submittal of a request for
$750,000.00 toward the extension of Professional Drive through the ARC Transportation
Equity Act for the 21st Century (TEA -21) funds. Approximately $1 million is anticipated
to be available in TEA -21 funds between the three member counties.
Commissioner Cline, seconded by McKinley, moved to accept the Appalachian Regional
Commission Preliminary Project Descriptions prioritization as discussed, and to forward
the list to Tri -County Council of Western Maryland for funding consideration, and further
moved to approve and allow applicants to proceed with application submission to the ARC
May 8, 2012
Page 7
for those projects that receive Tri-County Council's funding recommendation to accept
grant funding approved and provided by the ARC. The motion passed unanimously.
(Commissioner Barr was absent from the meeting.)
ANNUAL CONVENTION AND VISITORS BUREAU REPORT AND,
TOURISM WEEK PROCLAMATION
Tom Riford, President and CEO, Hagerstown-Washington Convention and Visitors Bureau
(CVB) and Julie Rohm, CVB Chairperson, provided information the CVB and tourism in
Washington County. Ms. Rolan reported on the CVB budget and the amounts spent to
promote Hagerstown and Washington County. Mi. Riford indicated that the past year
showed a 9% increase in tourism sales tax categories for Washington County. He stated
that the annual finaneial audit of the organization, completed by Smith Elliott Kearns and
Company, LLC of Hagerstown was "clean." President Baker presented a proclamation to
Mr. Riford, Ms. Rohm, and staff in attendance to recognize May 5-13 as Maryland and
National Tourism Week. The Conunissioners congratulated the organization on the audit
and the accomplishments made during the past year.
GRANT APPLICATION - EMERGENCY AND TRANSITIONAL IIOUSING AND,
SERVICES PROGRAM
Sherry Neil, Deputy Director, Washington County Community Action Council, provided
details of the FY 2013-15 Emergency and Transitional Housing'and Services and
Homelessness Prevention Program (ETHS/HPP) grant applications and requested that the
Commissioners approve their submittal. Ms. Neil indicated that the program assists
families by providing funds for shelter operation and maintenance by the Community
Action Council, CASA, the Salvation Army, and St. Join's Shelter.
Commissioner Cline, seconded by Callahan, moved to approve the submission of the FY
2013-15 ETHS/HPP grant applications and forthcoming grant agreements to the Maryland
Department of Iluman Resources as presented. The motion passed unanimously.
RECOGNITION OF KNOB HALL WINERY
The Commissioners presented a certificate of recognition to Knob Hall Winery co-owner
Richard Seibert for receiving a gold medal at the recent International Wine Competition
held in Santa Rosa, California, noting that it earned Maryland's only gold medal in the
competition between 800 wines. Mr. Seibert accepted the certificate on behalf of himself
and wife, Mary Beth, who could not attend the presentation. He provided information on
the local winery and plans for expansion.
CONVENE IN CLOSED SESSION
Commissioner Cline, seconded by McKinley, moved to convene in closed session at
3:10 p.m. to consider the acquisition of real property for a public purpose and matters
directly related thereto; to consult with staff about potential litigation; to consult with
counsel to obtain legal advice; to discuss the appointment, employment, assignment,
promotion, compensation, and/or performance evaluation of appointees, employees, or
May 8, 2012
Page 8
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 two matters relating to the potential
purchase of real property and a matter relating to the possible restructuring of certain
functions within a county department and the potential impact on individual county
employees. The Commissioners decided not to pursue the acquisition of one property and
advised Staff to notify the other property owners that the County may consider other
alternatives. Staff was also given direction to continue reviewing the possible restructuring.
Present 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; John M. Martirano, County Attorney; and at various times Joe
Kuhna, Real Property Administrator.
ADJOURNMENT
Commissioner Cline, seconded by McKinley, moved to adjourn at 4:10 p.m. The motion
passed unanimously.
Gregory B. Murfay, Coun Administrator
--I rI
John M. Martirano, C my ttomcy
Vicki C. Lumm, County Clerk