HomeMy WebLinkAbout11.03.2015 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
November 3, 2015
INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner Barr offered the Invocation followed by the Pledge of Allegiance to the
Flag by the full assemblage.
CALL TO ORDER
President Terry L. Baker called the regular meeting of the Board of County
Commissioners of Washington County, Maryland, to order at 10:19 a.m. at 100 West
Washington Street, Room 255, with the following members present: Vice President Jeffrey
A. Cline and Commissioners John F. Barr, LeRoy E. Myers, Jr. and Vincent G. Spong.
MARYLAND ASSOCIATION OF COUNTIES HIGHLIGHTS
Michael Sanderson, Executive Director, and Robin Clark, Policy Analyst, Maryland
Association of Counties (MACo), presented an overview of MACo events and initiatives
for the coming year. Mr. Sanderson discussed the organization's latest priorities that
include returning highway user revenues to Maryland counties, addressing statewide drug
abuse problems, public safety and the use of body cameras, and zoning and licensing
relating to medical cannabis. Ms. Clark discussed policy issues such as school construction
costs and funding. The Commissioners discussed the information presented and praised the
organization for its expertise and support given Maryland counties.
RECESS
The Commissioners recessed at 10:52 a.m.
RECONVENE
The Commissioners reconvened at 11:18 a.m. in Room 227.
APPROVAL OF MINUTES — OCTOBER 27, 2015
Commissioner Barr, seconded by Cline, moved to approve the minutes of October 27,
2015. The motion passed unanimously.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Spong reported attending the Alsatia Mummers Parade on Saturday.
Commissioner Myers rode in the Alsatia Mummers Parade with his wife. He thanked the
County's Highway Department staff for preparing the parade vehicle on their own time.
Commissioner Barr reported attending the MACo Administrator's Conference held last
week in Washington County. He thanked County Administrator Greg Murray and
Assistant County Administrator Sarah Sprecher and staff for their work to make the
conference a success. Mr. Barr noted that he spoke with the Governor of Nam, South
Korea, during his visit to Annapolis last week to join in a ceremony where Lt. Governor
Rutherford and South Korea signed a Memorandum of Understanding.
November 3, 2015
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Commissioner Baker rode in the Alsatia Mummers Parade with his grandchildren. He also
participated in the Hancock Halloween Parade.
Commissioner Cline rode in the Alsatia Mummers Parade and attended the Hancock
Halloween Parade. He presented a certificate of congratulations to Emergency
Management Coordinator Verna Brown during her retirement event last week. Mr. Cline
attended Eagle Scout Court of Honor ceremonies for Adam Metz and Levi Hoover. He
attended the farm tour in Washington County by Agriculture Secretary Joe Bartenfelder.
UPDATE ON UNIVERSITY SYSTEM OF MARYLAND ENROLLMENTS AND
PROGRAMS
Mark C. Halsey, Executive Director of the University System of Maryland -Hagerstown
(USMH), presented information on USMH, which is celebrating its 10th anniversary
serving students in downtown Hagerstown. He noted that 1,513 students have graduated
from USMH during that time with $300,000 in scholarships awarded. Mr. Halsey advised
of increased enrollment, newly added Hospitality Management and Tourism programs and
planned Physician Assistant and Nurse Practitioner programs at USMH. He indicated that
for new programs to succeed, new facilities and scholarships for local students would be
required. He also discussed the need for student housing that would have a positive
economic impact on the downtown area. Mr. Halsey invited the Commissioners to the
USMH Feaste at Yuletide Gala scholarship fundraiser to be held December 4 at Bulls and
Bears restaurant. The Commissioners discussed the information presented and
congratulated the college on its anniversary.
REPORTS FROM COUNTY STAFF
Plan Review and Permittinu - Undated Floodplain Maps
Tim Lung, Chief, Plan Review, and Mark Stransky, Senior Plan Reviewer and Floodplain
Manager, discussed the process begun to adopt updated County floodplain maps. A
Floodplain Open House meeting will be held on November 9 at the Washington County
Free Library with Federal Emergency Management Agency representatives on hand to
discuss updated floodplain maps with affected property owners. Adoption of the maps is
targeted for August 2016.
Plan Review and Permitting — Department Recosnition
Mr. Lung displayed a certificate of appreciation presented to the Plan Review and
Permitting Department by the Homes for Our Troops program that builds mortgage -free
homes for severely injured veterans. The award is to thank staff for its assistance with plan
review and permitting for a home on Shinham Road for local veteran Kevin Jaye.
Health and Human Services — United Wav/Community Health Charities Camoaian
Stephanie Stone, Director, Health and Human Services, discussed this year's County
Employee Campaign for the United Way and Community Health Charities that kicked off
this week. County employees donated $51,000 during last year's campaign.
November 3, 2015
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Health and Human Services — Collections Superintendent Position
Stephanie Stone requested approval to hire William V. Martin, III for the full-time, Grade
15, Step 1, Collections Superintendent position in the Department of Water Quality.
Commissioner Myers, seconded by Barr, moved to approve the personnel request as
presented. The motion passed unanimously.
Countv Clerk — Annointments to Countv Boards/Commissions
Local Management Board
Commissioner Cline, seconded by Spong, moved to appoint Lori Wriston as a community
representative to the Local Management Board to serve an unfulfilled term through June
30, 2017. The motion passed unanimously.
Housina Authoritv of Washington Countv
Commissioner Barr, seconded by Cline, moved to appoint Ayodeji Badaki to serve an
unfulfilled term on the Housing Authority of Washington County through November 30,
2017. The motion passed unanimously.
Board of Social Services
Commissioner Barr, seconded by Spong, moved to appoint Luis Flores to serve an
unfulfilled term on the Board of Social Services through June 30, 2018. The motion passed
unanimously.
BID AWARD — SWIMMING POOL AND WATER/WASTEWATER TREATMENT
CHEMICALS
Rick Curry, Buyer, Purchasing Department, recommended award of the bids for
water/wastewater treatment chemicals (PUR-1296) to the responsive, responsible bidders
with the lowest bids. The award for tie bid # 23 was determined by drawing lots in public,
pursuant to Section 2.9 of the Washington County Purchasing Policy. The following bid
awards were recommended as specified: Item #8 — Sodium Hypochlorite (12,000 gals.) to
Univar USA, Inc., at the unit price of $1.18/gal. (Gallon Bulk); Item #13 — Sodium
Hypochlorite (105 drums) to Univar USA, Inc., at the unit price of $1.78/gal. (55 gal.
drum); Item # 14 — Granular Activated Carbon (5,600 lbs.) to George S. Coyne Chemical
Co., Inc. at the unit price of $3.2922/lb. (50 lb. bag); Item #16 — Liquid Aluminum Sulfate
Alum (30 drums) to Univar USA, Inc. at the unit price of $2.90/gal. (55 gal. drum); Item
#17 — Caustic Soda (Sodium Hydroxide) (325 drums) to Univar USA, Inc. at the unit price
of $2.475/gal. (55 gal. drum); Item #18 — Ferrous Chloride Solution (14,000 bulk gals.) to
Kemira Water Solutions, Inc. at the unit price of $0.84/gal. (Gallon Bulk); Item 419a —
Hydrofluosilic Acid (H2SiF6) (15 gal. pail) to Univar USA, Inc. at the unit price of
$9.14/gal. (15 gal. pail); Item #19b — Hydrofluosilic Acid (H2SiF6) (55 gal. drum) to
Univar USA, Inc. at the unit price of $6.53/gal. (55 gal. drum); Item #20 — Granular
Calcium Hypochlorite (60 containers) to Chemrite, Inc. at the unit price of $1.15/lb. (100 -
lb. container); Item #21 - De1PAC 2000 (423,000 lbs.) to USALCO Baltimore Plant, at the
unit price of $0.1130/lb. (Bulk Pound); Item #23 — Sodium Hypochlorite (47 drums) to
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UNIVAR USA, Inc. at the unit price of $1.78/gal. (53 gal. drum); Item 424 — Cyanuric
Acid (100-200 lbs.) to Amato Industries, Inc./AMCHLOR at the unit price of
$1.37/lb.(Pound); Item #25 — Calcium Chloride (500-600 lbs.) to Amato Industries,
Inc./AMCHLOR at the unit price of $0.57/lb. (Pound); Item #26— Muratic Acid (15-30
lbs.) to Amato Industries, Inc./AMCHLOR at the unit price of $5.99/lb. (15 lb. container);
Item #28 — De1PAC 2020 (40 drums—Winebrenner WwTP) to Univar USA, Inc. at the unit
price of $4.025/gal. (55 gal. drum); and Item #34 — Bacterial Enzymatic Powder to
Maryland Biochemical Co., Inc. at the unit price of $10.32/lb. (Pound). The contract term
is for one year with no renewals, tentatively beginning December 1, 2015.
Commissioner Spong, seconded by Barr, moved to award the bids for water/wastewater
treatment chemicals to the responsive, responsible bidders with the lowest bids specified in
the Commissioners' Meeting Agenda packet and as drawn by lots as required by County
policy. The motion passed unanimously.
CITIZENS' PARTICIPATION
No citizens attending the meeting wished to participate.
AGRICULTURAL LAND PRESERVATION EASEMENT OPPORTUNITY
MARYLAND AGRICULTURAL LAND PRESERVATION PROGRAM AND
WASHINGTON COUNTY INSTALLMENT PAYMENT PROGRAM
Eric Seifarth, Rural Preservation Administrator, Planning and Zoning, provided
information on the Maryland Agricultural Land Preservation Program (MALPP) through
the Maryland Agricultural Land Preservation Foundation purchased easement program. He
presented a proposal to approve a side agreement and commitment to the Donald L. Beard
and Linda E. Beard easement project from the Washington County Installment Purchase
Program (IPP), including a 2% interest rate, so that MALPP may make an easement offer
to the County's second ranked applicant from the Fiscal Year 2015 cycle. The County has
the opportunity to purchase another agricultural preservation easement by combining
funding from two existing programs. Funds remaining in the local agricultural preservation
account after an offer to the top ranking application can be combined with a remaining
balance offer from MALPP. If the County approves providing the balance of the easement
purchase price from its IPP, an additional 135 acres can be placed in a permanent
preservation easement. This will require approval to initiate an additional IPP contract with
the property owner. The IPP will provide the principal amount of $331,000 plus $29,790
interest, which will allow a full offer to the Beard family. The IPP Ordinance was adopted
November 1, 2005 to allow the County to purchase land preservation easements with
payments to property owners spread over a ten-year period. Mr. Seifarth indicated that the
program is funded using $400,000 per year from the County's Transfer Tax. The IPP
payments will be paid over a ten-year period with one tenth being paid at settlement and
the balance plus interest paid over the subsequent nine year period. The Commissioners
discussed the proposal.
Commissioner Myers, seconded by Cline, moved to approve a side agreement and
commitment to the Donald L. Beard and Linda E. Beard easement project from the
November 3, 2015
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Washington County Installment Purchase Program fund, including a 2% interest rate, so
that MALPP may make an easement offer to the County's second ranked applicant from
the Fiscal Year 2015 cycle as presented. The motion passed unanimously.
POTENTIAL LEGISLATIVE INITIATIVES
Kirk C. Downey, Deputy County Attorney, introduced a discussion of potential legislative
initiatives to be brought forward by the local delegation, including:
1) Authority to Update Trade/Buildins Codes on a Six -Year. Rather Than Three -Year
Cycle — This proposal put forth during the 2015 legislative session of the General
Assembly relates to the current three-year cycle and short turnaround time that is
costly for staff time and contractors who must purchase revised Code editions.
2) Nuisance Abatement Lien Authority; Ability to Recover Costs — The request
involves certain circumstances where dilapidated or blighted properties are
declared a nuisance and the County is authorized by a court to abate the nuisance.
Such abatement efforts incur costs and recovery of those costs could be enhanced if
a lien could be served against the property.
3) Code of Public Local Laws (CPLL), Section 1-108 Process Revision— The
proposal involves amendments to the CPLL to revise and streamline certain
procedures in administering funds to non-profit organizations as part of the
County's regular budget cycle.
4) Sewer Collection Authority, Unnaid Bill Recovery; Liens — The request involves
the County's difficulties with collecting its sewer bills if the sewer cannot be
plugged or the County is not the agency providing water service. A mechanism is
needed where the unpaid amount goes onto a tax bill if the owner has not complied
with deficiency and collection notices and refuses to pay.
5) Local Emeraencv Management Authority, Declaration of Emergency — This
proposal would consider strengthening the County's authority to make decisions
during the early stages of a state of emergency without such declaration by the
governor.
6) Emerizencv Communications — Microwave Path Protection, Interior Building
Coverage — The proposal involves a review for tall structures proposed for
construction that might block microwave communications paths the County relies
on to communicate during emergencies.
7) Disabled Veterans Pronertv Tax Credit — To allow a property tax credit to disabled
veterans using a sliding scale (50%-100% disabled) that lowers the limit to qualify
for the credit and provides additional relief. The proposal was discussed last year
but the legislative session ended before a bill could be passed.
November 3, 2015
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The Commissioners discussed the initiatives. Mr. Downey indicated that a meeting would
soon be scheduled with the local delegation.
CONVENE IN CLOSED SESSION
Commissioner Myers, seconded by Barr, moved to convene in closed session at 12:47 p.m.
to discuss the appointment, employment, assignment, promotion, discipline, demotion,
compensation, removal, resignation, or performance evaluation of appointees, employees,
or officials over whom this public body has jurisdiction; or any other personnel matter that
affects one of more specific individuals; to consult with counsel to obtain legal advice on a
legal matter; and to consult with staff, consultants or other individuals about pending or
potential litigation, in accordance with Section 3-305(b) (1), (7) and (8) of the General
Provisions Article of the Annotated Code of Maryland. The motion passed unanimously.
In closed session, the Commissioners discussed the potential appointment of a specific
individual to a review board over which the Commissioners have appointment authority;
and discussed specific legal issues relating to a legal/litigation matter with counsel and
staff.
During closed session, the Commissioners instructed staff to bring forth the potential
appointment to an outside review board over which the Commissioners have appointment
authority for further consideration and discussion and a possible vote during a future open
session meeting; and instructed counsel/staff to continue to follow the ongoing legal
situation but to take no further action at this time.
Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline, John
F. Barr, LeRoy E. Myers, Jr. and Vincent G. Spong. Also present were Gregory Murray,
County Administrator; Sarah Sprecher, Assistant County Administrator; Vicki Lumm,
County Clerk; John Martirano, County Attorney; and at various times Kirk C. Downey,
Deputy County Attorney, and Kendall McPeak, Assistant County Attorney; Nikki Snider,
Adult Protective Services Supervisor, and Dave Engle, Director, Department of Social
Services.
ADJOURNMENT
Commissioner Cline, seconded by Spong, moved to adjourn at 1:08 p.m. The motion
passed unanimously. The Commissioners toured the Senior Activity Center under
construction at 535 East Franklin Street, Hagerstown.
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GregorLa(rtirano,
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Vicki C. Lumm, County Clerk