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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 Page 2 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 Page 3 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 November 3, 2015 Page 4 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 Page 5 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 Page 6 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. =7� � GregorLa(rtirano, yI . urr ay, C. )unty Administrator John County A ey Vicki C. Lumm, County Clerk