HomeMy WebLinkAbout10.27.2015 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
October 27, 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 10:11 a.m. at 100 West
Washington Street, Room 227, with the following members present: Vice President Jeffrey
A. Cline and Commissioners John F. Barr and LeRoy E. Myers, Jr. Commissioner Vincent
G. Spong was absent from the meeting until 10:32 a.m.
APPROVAL OF MINUTES — OCTOBER 20, 2015
Commissioner Myers, seconded by Barr, moved to approve the minutes of October 20,
2015. The motion passed unanimously. (4-0, Commissioner Vincent G. Spong was
absent.)
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Cline reported attending the dedication of the new Student Center at
Hagerstown Community College (HCC). He attended the second annual Disabilities
Awareness Fair sponsored by Meritus Health that featured speaker William Frank,
Maryland Deputy Secretary of Disabilities. Mr. Cline presented a certificate on behalf of
the Commissioners to retiring organist Nancy Guyer of the First Christian Church of
Boonsboro in honor of her 63 years of service.
Commissioner Myers reported visiting the Keedysville Senior Center to determine what
repairs or updates are needed at the facility.
Commissioner Barr attended the Meritus Health Disabilities Awareness Fair. He discussed
the recent publicity regarding the Beaver Creek School Museum that may require
assistance from the community to remain open.
Commissioner Baker attended the ribbon -cutting ceremony for the new HCC Student
Center. He assisted with the parochial school cross-country championships held at the
Washington County Regional Park.
PROCLAMATION — CHARACTER COUNTS! MONTH
The Commissioners presented a proclamation to Carolyn Brooks, founder/coordinator of
Character Counts! of Washington County to recognize Character Counts! Month in
October. Ms. Brooks described the volunteer program's beginnings and the sponsored
activities that aim to build the character of today's youth. The Commissioners thanked the
organization for their important work in the community.
October 27, 2015
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(Commissioner Spong arrived at the meeting at 10:32 a.m.)
PROPOSED 2015 WASHINGTON COUNTY BUILDING CODES ADOPTION
Rob Slocum, Director, and Rich Eichelberger, Deputy Director, Engineering and
Construction Management, presented the proposal to move forward with advertising and
holding a public hearing regarding the proposed adoption of the 2015 Maryland Building
Performance Standards, the 2015 International Existing Building Code, trade codes, and
local amendments thereto and related ordinances and resolutions, as follows:
• An Ordinance to Adopt the 2015 Maryland Building Performance Standards as
Adopted by the State of Maryland (COMAR 05.02.07) with Modifications, and
Subject to Local Amendments for Washington County, Maryland;
• An Ordinance to Adopt and Enact the International Existing Building Code, 2015
Edition;
• An Ordinance to Repeal the 2012 International Plumbing Code and Enact the
International Plumbing Code, 2015 Edition;
• An Ordinance to Repeal the International Mechanical Code, 2012 Edition, and
Enact the International Plumbing Code, 2015 Edition;
• An Ordinance to Repeal the 2012 International Fuel Gas Code and Enact the
International Fuel Gas Code, 2015 Edition;
• An Ordinance to Repeal the 2011 National Electrical Code with Local
Amendments and Enact the 2014 Edition of the National Electrical Code;
• An Ordinance to Amend an Ordinance Entitled "An Ordinance to Adopt the 2006
ICC Electrical Code -Administrative Provisions, First Printing, with Local
Amendments for Washington County, Maryland;
• An Ordinance to Adopt Fee Schedules Providing for the Collection of Fees for All
Building/Trade Work Performed in Washington County, Maryland; and
• A Resolution Adopting Fee Schedule for Civil Citations and Repealing Resolution
No. RS -2012-10.
Rob Slocum stated that the code adoption required by Maryland law includes State
Building Performance Standards and Washington County local amendments. Local
amendments allow for some modification to the new codes for consistency and
coordination with customers and external agencies. Various government, design and
construction representatives whose purpose was to consider safety, consistency, common
sense and customer service across agencies in the proposed amendments reviewed the
2015 Building Code.
The Commissioners discussed the proposal including the current need for the Fire Marshal
to review applications for permits for certain agricultural shed/barn structures. Rob Slocum
indicated that the proposed definition should clear up the discrepancy between the building
codes and the Fire Marshal's Life Safety Code. Mr. Slocum also noted that the code
amendments designate the Deputy Director of Construction and the Deputy Director of
Permitting, Division of Engineering and Construction Management, as Deputy Code
Officials with the authority to make decisions at the local level.
October 27, 2015
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The Commissioners reached a consensus to proceed with advertising and holding a public
hearing relating to the proposed adoption of the 2015 Maryland Building Performance
Standards, the 2015 International Existing Building Code, trade codes, local amendments
thereto, and the related ordinance and resolution.
REPORTS FROM COUNTY STAFF
Countv Administrator
County Administrator Greg Murray announced that Washington County would be hosting
a County Administrators Conference on October 28-29 sponsored by the Maryland
Association of Counties (MACo). Incoming MACo President John Barr will be
accompanying attendees on tours of local attractions such as the Maryland Theatre and
businesses such as Volvo Powertrain. In addition, Chris Shank, Executive Director of the
Governor's Office of Crime Control and Prevention, will be a featured speaker at seminars
held during the conference.
Greg Murray stated that a contingency of nineteen visitors from South Korea would be
touring/visiting the County on November 5-6. He referred to the Sister County relationship
established and letters of intent signed during the recent visit to South Korea by
Commissioners Baker and Barr, Mr. Murray, and Chief Financial Officer Debra Murray.
He noted that the contingency also would be participating in a technology conference in
Montgomery County during their visit.
Health and Human Services — Advertise to Fill Position
Stephanie Stone, Director, Health and Human Services, requested approval to advertise
and fill a full-time, Grade 9, Step 1, Lead Construction Specialist at the Highway
Department's Central Section, and a full-time, Grade 9, Step 1, Golf Course Mechanic
position at the Black Rock Golf Course, both due to retirements.
Commissioner Myers, seconded by Barr, moved to approve the personnel requests as
presented. The motion passed unanimously.
EMPLOYEES' RETIREMENT PLAN OF WASHINGTON COUNTY
Greg Murray introduced a discussion of the Employees' Retirement Plan (Plan)
amendments approved by the County Commissioners during the past few years but have
not been formally incorporated into the document by resolution. Stephanie Stone, Director,
Health and Human Services, recommended approval of the amendments to the Plan, as
follows:
1) to provide for certain in-service retirement distributions under the 2012 Plan and
make corresponding changes to the Deferred Retirement Option Program (DROP)
benefit, to be generally effective January 1, 2013 (as approved by the County
Commissioners during their February 26, 2013 meeting);
October 27, 2015
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2) to modify the mandatory employee contribution percentages and to provide for an
unreduced normal retirement benefit for certain non -uniformed employees, to be
generally effective July 1, 2013 (as approved by the County Commissioners during
their May 14, 2013 meeting);
3) to add language to clarify provisions relating to disability benefits, to be generally
effective July 1, 2012; and
4) to add language to permit the County to authorize early retirement incentive
programs from time to time to be generally effective January 1, 2015 (as approved
by the County Commissioners during their November 18, 2014 meeting.)
Commissioner Cline, seconded by Myers, moved to adopt by resolution Amendment Nos.
1, 2, 3 and 4 to the amended and restated Employees' Retirement Plan of Washington
County, generally effective July 1, 2012 (the "2012 Plan"). The motion passed
unanimously. (Resolution No. RS -2015-19 is located in the County Commissioners'
Office.)
Commissioner Barr, seconded by Myers, moved to adopt by resolution an amended and
restated Employee's Retirement Plan of Washington County, generally effective July 1,
2015 (the "2015 Plan"). The motion passed unanimously.. (Resolution No. RS -2015-20 is
located in the County Commissioners' Office.)
COMMERCIAL PROPERTY STIMULUS PROGRAM
Kassie Lewis, Director, Department of Business Development (DBD), requested approval
of the proposed Commercial Property Stimulus Program Resolution that repeals
Resolution No. RS -2012-19 and provides the ongoing terms of the Commercial Property
Stimulus Program. Ms. Lewis stated that the Commissioners enacted the Pad -Ready Site
Commercial Stimulus Program in August 2011, which provided expedited review process
of site and building plans, deferment of review fees and a tax credit of four tenths of one
percent (0.004) of associated construction costs. The County Commissioners rescinded
RS -2011-18 in November 2012 and replaced it with RS -2012-19, which modified and
clarified certain aspects of the Program, one of which was the addition of a "sunset date,"
November 5, 2015. The DBD reviewed the eleven applications received since 2011 and
found that the program has not had the impact or use as was expected to develop land to a
"pad -ready" condition. However, it has provided local landowners and new businesses
entering the County to do so in a more expedited manner. Ms. Lewis discussed two
businesses that sought and received the credit. Continuing the program will provide DBD
an additional tool to assist new and expanding businesses in Washington County.
The Commissioners discussed whether a new "sunset date" would be established if the
program were extended. Staff advised that the resolution as proposed would not include a
sunset date and would continue the program until the County Commissioners choose to
end it. The Commissioners questioned how companies are made aware of the stimulus
program and requested that further efforts be made to advise them upfront of the program.
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Commissioner Myers, seconded by Spong, moved to approve the Commercial Property
Stimulus Program Resolution as presented. The motion passed unanimously. (Resolution
No. RS -2015-21 is located in the County Commissioners' Office.)
PROJECT AND LICENSE APPLICATION UPDATE FROM GTI MARYLAND,
LLC
Pete Kadens and Matthew Levine, representatives of Green Thumb Industries, LLC (GTI),
provided an update on GTI's process to acquire a Maryland license for a proposed medical
cannabis cultivation facility to be located on Hopewell Road in Washington County. Mr.
Kadens advised that final applications are due the State of Maryland by November 6, 2015.
He indicated that GTI has secured site plan approval and the necessary permits to break
ground on the property soon after award of the license. He credited the County
Commissioners, County staff and the community for supporting their efforts.
Mr. Kadens and Mr. Levine discussed GTI's commitment to community involvement that
thus far has supported an Association of Retarded Citizens fundraiser and contributed to
Brooke's House, a planned drug and alcohol recovery facility. GTI has met with the local
Hospice, Sheriff Doug Mullendore, and Meritus Medical staff and physicians. It will also
look to hire disabled individuals and veterans. GTI's first harvest will likely be toward the
end of 2016 if all goes according to schedule. The Commissioners discussed various
aspects of the company's operations including the licensing process and security. They
commended GTI for conducting business in a thorough and professional manner.
BID AWARD — BULK ROAD SALT
Rick Curry, Buyer, Purchasing Department, and Ed Plank, Director, Highway Department,
recommended award of the contract for the purchase/delivery of Bulk Road Salt (PUR-
1300) to the responsible, responsive bidder, Mid -Atlantic Salt, LLC, of Narberth,
Pennsylvania, which submitted the lowest price of $73.90 per ton. Mr. Curry described the
bids received for supplying road salt to be purchased on an as -needed basis for snow and
ice control on County -maintained roads. Last year's bid award was $83. The County
guarantees neither a minimum nor a maximum quantity of bulk road salt purchased under
this contract. The contract will tentatively begin November 1, 2015 and end April 30,
2016. The Commissioners discussed the proposal.
Commissioner Myers, seconded by Barr, moved to as presented. The motion passed
unanimously.
CONTRACT AWARDS FOR GASOLINE AND DIESEL FUEL DELIVERIES
Rick Curry recommended award of the Gasoline and Diesel Fuel Deliveries contracts
(PUR 1297) to the responsive, responsible bidders who submitted the lowest bids as
follows: 1) Gasoline Tank -Wagon Deliveries — A C &T Company, Inc. of Hagerstown,
Maryland, at the unit prices stated in its bid - $122,195.70; Gasoline Transport Deliveries —
Mansfield Oil Co. of Gainesville, Inc., of Gainesville, Georgia, at the unit prices stated in
its bid - $653,049.36; Diesel Tank Wagon Deliveries to James River Solutions of Ashland,
Virginia, at the unit prices stated in its bid - $103,761.44; and Diesel Transport Deliveries
October 27, 2015
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to Cato, Inc. of Salisbury, Maryland, at the unit prices stated in its bid - $1,086,248.55. Mr.
Curry advised that the requirements contract guarantees neither a maximum nor a
minimum quantity. He provided specifics of the contracts and bids evaluated based on the
Oil Price Information Service. The contract requirements for the City of Hagerstown,
Washington County Public Schools and Hagerstown Community College are also included
in the recommendations. Those entities make their own formal contract awards.
Mr. Curry noted that James River Solutions of Ashland, Virginia, is registered with the
Maryland State Department of Assessments and Taxation (SDAT) as James River
Petroleum, but has been requested to register as James River Solutions to be in good
standing before the contract is officially awarded. Mr. Curry requested permission to award
the Diesel Tank Wagon Deliveries bid to the next lowest bidder if James River Solutions
does not complete the full registration process with SDAT. The Commissioners discussed
the matter.
Commissioner Myers, seconded by Spong, moved to award the bids for Gasoline and
Diesel Fuel Deliveries as presented, with the stipulation that James River Solutions of
Ashland, Virginia, is properly registered with SDAT. The motion passed unanimously.
CITIZENS' PARTICIPATION
There were no citizens present who wished to participate.
CONVENE IN CLOSED SESSION
Commissioner Spong, seconded by Barr, moved to convene in closed session at 12:28 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, in accordance with Section 3-305(b) (1) 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 specific
individuals to two boards over which the Commissioners have appointment authority;
discussed the recommendation relating an outside director position for which the
Commissioners have concurrence authority; discussed the potential appointment of a
specific individual to an authority over which the Commissioners have appointment
authority; and discussed specific County personnel recommendations/employment matters
with County staff.
During closed session, the Commissioners instructed staff to bring forth the potential
appointments to two boards over which the Commissioners have appointment authority for
further consideration and discussion and a possible vote during a future open session
meeting; provided direction to staff relating to the Commissioners' concurrence with a
recommendation relating to an outside director position; instructed staff to bring forth the
October 27, 2015
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potential appointment to a local authority over which the Commissioners have appointment
authority for further consideration and discussion and a possible vote during a future open
session meeting; and provided specific direction to County staff regarding several County
personnel recommendations.
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 David Engle,
Director, Department of Social Services; Social Service Board members Bill Beard, David
Pool, Norma Sappington and Phil Kelly; Stephanie Lapole, Grant Manager, Community
Grant Management; Corinne Guglielmini, Executive Director, and Richard Keesecker,
Board Member, Housing Authority of Washington County; Stephanie Stone, Director,
Health and Human Services; Dan DiVito, Deputy Director, Water Quality; and Ed Plank,
Director, Highway Department.
ADJOURNMENT
Commissioner Spong, seconded by Cline, moved to adjourn at 1:31 p.m. The motion
passed unanimously.
Gregory B. urray, Cou ty Administrator
John M. Martirano, County Attorne
Vicki C. Lumm, County Clerk