HomeMy WebLinkAbout10.09.2012 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
October 9, 2012
The Commissioners attended a breakfast meeting with the Washington County Soil
Conservation District Board members and staff at the Ramada Plaza, 1718 Underpass
Way, Hagerstown.
President Terry L. Baker called the regular meeting of the Board of County
Commissioners of Washington County, Maryland to order at 9:47 a.m. at 100 West
Washington Street, Room 227, 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 — OCTOBER 2, 2012
Commissioner McKinley, seconded by Barr, moved to approve the minutes of
October 2, 2012. The motion passed unanimously.
PROCLAMATION — DISABILITIES AWARENESS MONTH
Commissioner Cline presented a proclamation to Washington County Disabilities
Advisory Committee members Peggy Martin, Stephanie Stone, and Joe Kuhna in
recognition of Disabilities Awareness Month observed during October 2012 in Washington
County. Ms. Martin discussed the Americans with Disabilities Act passed twenty-two
years ago. The Commissioners thanked the individuals for their volunteerism in the
community.
PROCLAMATION — BREAST CANCER AWARENESS MONTH
Janet Lung, Community Liaison for the Breast Cancer Awareness -Cumberland Valley
Chapter, accepted a proclamation fiom Commissioner Callaham for Breast Cancer
Awareness Month, observed yearly in October. Ms. Lung thanked the Commissioners for
the proclamation and discussed activities planned in the community this month.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Cline attended several portions of the annual Tri -County Council Regional
Summit in Hagerstown. He participated in a business outreach visit to Hoffinan's Meats in
Cearfoss. Mr. Cline was present at the opening ceremonies for the Maryland Municipal
League (MML) fall convention at Hager Hall. He attended the Harvest Hoedown
sponsored by the Williamsport Area Ministries to benefit the local food bank. Mr. Cline
described a ride -along with Deputy Teets of the Washington County Sherriff s Department
as part of his Leadership Washington County class.
October 9, 2012
Page 2
Commissioner Callaham attended the Leadership Prayer Breakfast sponsored by the
Christian Business Men's Connection. She was present during Maryland Comptroller Peter
Franchot's visit to Hagerstown to meet with former Unilever employees. Ms. Callaham
participated in the business visit to Hoffinan Meats. She attended the Hai -vest Hoedown in
the Town of Williamsport and Apple Butter Festival in Berkeley Springs. Commissioner
Callaham toured the improvements made to the Hagerstown Regional Airport terminal
with members of the EDC Marketing Committee. She attended a Washington County Farm
Bureau dinner where attendees discussed State -imposed regulations.
Commissioner Barr attended a meeting with local business owners to discuss downtown
Hagerstown revitalization. He participated in a distribution of dictionaries to students at
Boonsboro Elementary School by the Hagerstown Rotary Club. Mr. Barr attended a
presentation by economist Anirbon Basu during the Tri -County Council Regional Summit.
He noted the return of Allegiant Air flights this month to the Hagerstown Regional Airport
after a September break. Commissioner Barr praised the recent improvements to the
Airport's terminal and baggage -handling facility.
Commissioner McKinley thanked the Washington County Soil Conservation District for
this morning's breakfast awards ceremony. He reported meeting with citizens to discuss
various issues and thanked staff for their assistance. Mr. McKinley described the business
visit to Hoffman Meats.
Commissioner Baker also thanked the Soil Conservation District. He attended the business
visit to Hoffman Meats. Mr. Baker reported on items discussed during a recent Recreation
and Parks Advisory Board meeting. He attended the Hagerstown MML convention and
Clear Spring Mayor and Council meeting. Commissioner Baker served as the official
starter at the Hagerstown Community College (HCC) Cross Country city championships.
He attended a forum for candidates running for City of Hagerstown offices. Mr. Baker
advised of a College Night to be held on Wednesday, October 10 at 6:00 p.m. at HCC, and
a public meeting to discuss details on the Yale Drive construction project at 7:00 p.m. that
same evening at the Ruth Ann Monroe Primary School.
APPALACHIAN REGIONAL COMMISSION GRANT APPLICATION FOR
PROFESSIONAL COURT
Joe Kroboth, III, Public Works Director, requested authorization to make application to the
Tri -County Council of Western Maryland (TCC) for funds through the Appalachian
Regional Commission (ARC) grant program. Mr. Kroboth stated that Washington County
is eligible for a $1,020,275.00 grant that could be used to construct approximately 750 feet
of Professional Court. The proposed construction would begin at the intersection of
Professional Court and Yale Drive and run northwest toward the future bridge crossing
over the Antietam Creek. Mr. Kroboth stated that a local match of $289,213.00 is required
from the County to obtain the grant. If the grant is approved, he recommended a stipulation
that as part of next year's Fiscal Year Budget, the County increase the local project
contribution by $289,213.00, include the $1,020,275.00 grant and the 750 feet in with the
October 9, 2012
Page 3
construction of the Yale Drive project, to competitively bid the project on a larger scale
and obtain lower unit pricing. The Commissioners discussed the request. Commissioner
Baker expressed his non-support of the Yale Drive project.
Commissioner Cline, seconded by Callaham, moved to authorize staff of the Department
of Public Works and the Economic Development Commission Department to make
application to the Tri -County Council of Western Maryland for a $1,020,275.00 grant
through the Appalachian Regional Commission to construct approximately 750 feet of
Professional Court as presented. The motion passed with Commissioners Cline, Callaham,
Barr, and McKinley voting "AYE" and Commissioner Baker "NO."
CITIZENS PARTICIPATION
Individuals commenting in favor of the planned Washington County Senior Center at
Hagerstown Community College (HCC) were Bill Beard, Hagerstown; Rose Anne Fisher,
Hagerstown; Patricia Cross, Hagerstown; Grady Grimm, Hagerstown; Al Martin,
Hagerstown; Wanda Barber, Hagerstown; Mary Lou Wurmb, Hagerstown; and Susan
Griffith, Hagerstown.
Robin Wivell, St James, discussed electrical sub -contractors on bids received for the
Senior Center project.
Edward Wurmb, Hagerstown, Washington County Senior Coalition, announced that the
local delegation would be holding another senior forum on December 11, 2012.
Richard Gruber, Williamsport, commented on plans for the Senior Center and attendance
figures for programs currently offered to seniors at the Girls Inc. location.
Alice Hersom, Hagerstown, commented on the current Girls Inc. facilities used for senior
activities.
WASHINGTON COUNTY BUILDING EXCISE TAX DISCUSSION
During their August 28, 2012 meeting, the Commissioners requested a discussion on the
requirement to pay an excise tax on new building construction in Washington County.
Jennifer Smith, Director, and Angela Smith, Deputy Director, Plan Review and Permitting,
addressed the Commissioners regarding the current Excise Tax Ordinance, including the
revenue generated in past years from the excise tax on new building construction, and how
collected fees are distributed. She discussed the cost of administering the program, the
impact to the current Capital Budget if eliminated, and other options considered to assist in
stimulating economic growth in the County. She also provided information on neighboring
local governments concerning excise tax construction stimulus programs, temporary tax
deferrals, tax rate reductions, and/or the permanent abolishment of excise taxes. The
Commissioners thanked Jennifer Smith and Angela Smith for the information presented.
(Commissioner Barr left the meeting at 11:31 a.m.)
October 9, 2012
Page 4
CONTRACT AWARD — WASHINGTON COUNTY SENIOR CENTER
Joe Kroboth, III, Public Works Director, and Karen Luther, Purchasing Agent, presented
information on the recommendation to award the contract for the Washington County
Senior Center to the responsive, responsible bidder, Roy C. Kline Contractors, LLC of
Smithsburg, Maryland, which submitted a Base Bid of $5,963,204.00 and a Total Bid
including the Base Bid, Allowances, and Unit Price Schedule for the lowest Total Sum Bid
of $6,383,754.00. The bid is contingent upon concurrence of the Maryland Department of
General Services, to include Alternate Pricing Items 9 and 12 relating to gym equipment at
a cost of $18,200.00 and $2,500.00 respectively. Ms. Luther stated that a bid protest letter
regarding Roy C. Kline's bid was received from Building Systems, Inc. As a result of
discussions between the Purchasing Agent, County Attorney, and the MD DHCD Project
Manager, it was concluded that Kline's bid was responsive and the items in the protest
letter relative to the bid could be waived as informalities, corrected prior to award, and that
the Section 3 forms were completed correctly.
Mr. Kroboth described the project which consists of the construction of an approximately
18,728 square feet, one-story, new senior activities center building on the campus of
Hagerstown Community College. He indicated that the installation of new electric, sewer,
gas, public water lines, phone, and cable are required to provide services to the new
facility. Mr. Kroboth stated that incorporating design and engineering costs, the project is
estimated to cost approximately $6.6 million, and that available County funding for the
project is $5.8 million.
The Commissioners discussed the project including the cost of potential change orders and
available funding. Mr. Kroboth questioned whether $800,000.00 in savings from an early
payment of Airport Runway Improvement Bonds was dedicated toward the project, or to
only be available if State funding was not obtained. Commissioner Baker suggested
restarting the process of selecting a site for the Senior Center using a committee of seniors
appointed by each Commissioner. Commissioner McKinley preferred to delay the
construction bid vote for one to two weeks to obtain accurate funding source information,
with the provision that a decision be made by the end of October. Commissioner Cline
agreed with Mr. McKinley. Commissioner Callaham discussed potential change order
costs with Mr. Kroboth and stressed the Commissioners' fiscal responsibility to all County
citizens.
It was the consensus of the Commissioners to delay the vote relating to the
recommendation to award the contract for construction of the Senior Center for one to two
weeks to allow staff time to finalize information on available funding for the project.
RECESS
The Commissioners recessed at 12:28 p.m.
October 9, 2012
Page 5
AFTERNOON SESSION
President Terry L. Baker called the afternoon session to order at 2:23 p.m. with the
following members present: Commissioners Ruth Anne Callaham and William B.
McKinley. (Commissioner Cline was absent from the afternoon session.)
CHANGE ORDER — WASHINGTON COUNTY FREE LIBRARY RENOVATION,
Joe Krobotb,111, Public Works Director, and Cary Pozzouti, Project Manager, Capital
Projects-Enginecring, requested approval of a $33,758.00 change order for increased costs
incurred by Dustin Construction to complete certain elements of work on the central
library project during the winter months that were originally intended to be completed in
milder weather. Mr. Kroboth informed the Commissioners of the poor soil conditions
encountered during construction that delayed certain elements of work, mainly concrete
construction. This shift in time required the contractor to perforin additional work not
intended in the original bid. Mr. Kroboth advised that the architect and County staff have
reviewed the contractor's request, negotiated the costs downward, and he now
recommends approval. The $33,758.00 would be funded from the project change order
contingency fund.
Commissioner Callaham, seconded by McKinley, moved to approve a $33,758.00 change
order for increased costs incurred by Dustin Construction, lnc. to complete certain
elements of work on the central library project during the winter months. The motion
passed unanimously. (Commissioner Barr was absent during the vote.)
(Commissioner Barr returned to the meeting at 2:32 p.m.)
OTHI+;R BUSINESS
County Attornev
Assistant County Attorney Position
County Attorney John Martirano requested approval to hire Kendall Desaulniers as the
Assistant County Attorney in the County Attorney's Office at Grade 17, Step 5 with a
salary of $68,893.00.
Commissioner Barr, seconded by McKinley, moved to approve hiring Kendall Desaulniers
as Assistant County Attorney as presented. The motion passed unanimously.
(Commissioner Cline was absent from the vote.)
Aunointments to Washinuton County Boards and Commissions,
Ethics Commission
Commissioner Barr seconded by Callaham, moved to appoint Walter Bell to a first, three-
year term on the Washington County Ethics Cornrnission through September 30, 2015. The
motion passed unanimously.
October 9, 2012
Page 6
Animal Control Authoritv
Commissioner McKinley seconded by Barr, moved to reappoint Major Sam Billotti as the
sworn officer representative to the Washington County Animal Control Authority for a
second, three-year term through October 31, 2015. The motion passed unanimously.
Plumbine/Mechanical Board
Commissioner Barr seconded by McKinley, moved to appoint Gary Price as the HVAC
Industry representative on the Washington County Plumbing/Mechanical Board, to a first,
three-year term from November 1, 2012 through October 31, 2015. The motion passed
unanimously.
Tri-Countv Council for Western Marvland
Commissioner Callaham seconded by McKinley, moved to appoint Paul Fulk as a citizen
representative to the Tri -County Council for Western Maryland for a term through
December 2, 2014. The motion passed unanimously.
(Commissioner Cline was absent from all four votes.)
REPORTS FROM COUNTY STAFF
Health and Human Services
Dee Hawbaker, Deputy Director, Health and Human Services, requested permission to
advertise and fill two full-time, budgeted positions: 1) Grade 7 Operator Trainee,
Department of Water Quality, and 2) Grade 6 Motor Equipment Operator I, Southern
Section -Highways.
Commissioner Callaham, seconded by Barr, moved to approve both personnel requests as
presented. The motion passed unanimously. (Commissioner Cline was absent from the
vote.)
Public Works
Joe Kroboth, III, Public Works Director, reminded the Commissioners of the annual
meeting on Thursday, October 11 at 10:00 a.m. in the County Administration Building to
discuss transportation issues and priorities with the acting Secretary and officials of the
Maryland Department of Transportation. He also advised of a public meeting on October
10 to review plans for the Yale Drive project, and a separate public meeting on October 24
to address increased traffic using Cornell Avenue to access the Meritus Medical Center.
Countv Administrator
County Administrator Greg Murray commented on recent articles in The Herald -Mail
newspaper regarding County buildings, their current use, and plans being considered for
the future/potential use of those facilities.
ADJOURNMENT
Commissioner Callaham, seconded by McKinley, moved to adjourn at 2:56 p.m. The
motion passed unanimously.
October 9, 2012
Page 7
RECONVENE AT HAGERSTOWN CITY HALL
JOINT MEETING WITH THE HAGERSTOWN MAYOR AND COUNCIL
Mayor Robert Bruchey, II called the joint meeting of the Washington County
Commissioners and Hagerstown Mayor and City Council to order at 4:13 p.m. at City Hall,
One East Franklin Street, Hagerstown. Council Members in attendance were William M.
Breichner, Martin E. Brubaker, Forrest Easton, Ashley C. Haywood, and Lewis C.
Metzner. County Commissioners present were President Terry L. Baker, Vice President
John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B.
McKinley.
PRESENTATION — DEVELOPING AN ARTS, ENTERTAINMENT, AND
EDUCATION CLUSTER IN WASHINGTON COUNTY, MARYLAND
James Pierne, Chair of the Arts, Education, and Entertainment Task Force, introduced
Anirban Basu of Sage Policy Group, Inc., who provided findings of a feasibility study
regarding the development of an Arts, Entertainment, and Education Cluster in
Washington County.
ADJOURNMENT
Mayor Bruchey adjourned the joint meeting at 5:15 p.m.
Gregory B. urray, Court Administrator
John M. Martirano, C my ttorney
Vicki C. Lumm, County Clerk