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HomeMy WebLinkAbout04.16.2013 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland April 16, 2013 INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barr requested a moment of silence for the victims of yesterday's Boston Marathon bombing. He then gave 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 9:18 a.m. in the County Administration Building located at 100 West Washington Street, Room 227, Hagerstown, with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. APPROVAL OF MINUTES — APRIL 9.2013 The April 9, 2013 minutes will be presented for approval during the next regularly scheduled meeting of the County Commissioners. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Callaham thanked the Hancock Mayor and Council for hosting last week's evening meeting of the Commissioners. She reported attending the Maryland International Film Festival where the Academy Award-winning film "Argo" was shown and a reception was held for local author Tony Mendez. Ms. Callaham attended the YMCA Achievers banquet to honor student achievers in grades 6-12. She was present at the Friends of Scouting Community Campaign breakfast where Congressman Delaney gave the address. Commissioner Callaham reported discussing several issues of importance to Washington County with the Congressman. Commissioner Cline attended the Washington County Historical Society's annual dinner and the Sharpsburg Volunteer Fire Company's breakfast fundraiser. He attended a session of Leadership Washington County and the opening day of the Washington County Girls Softball League at Kemps Mill. Mr. Cline attended the press event for the placement of a new emergency chase vehicle at the Washington County Agricultural Education Center. He attended the Awards Ceremony for Rehab Unit 255. Commissioner Cline represented the Commissioners at viewings held for Ron Van Metre and Lee Ridenour. Commissioner McKinley thanked the Town of Hancock for the warm welcome last week and wished the best to resident Jerry Spessard on the development of an electronic home plate. Mr. McKinley attended an Economic Development Commission (EDC) meeting where discussions continued on the priorities to be developed from the Strategic Economic Development Plan. He congratulated teacher Heather Placie for winning the Golden Apple Award which was presented by State Comptroller Peter Franchot. Commissioner McKinley also attended the reception for Tony Mendez and the screening of "Argo". He commented that the Maryland International Film Festival was a boost to local tourism. April 16, 2013 Page 2 Commissioner Barr also attended the Friends of Scouting Community Campaign and spoke to Congressman Delaney. Mr. Barr thanked James Jenkins, Public Relations Manager, for giving a presentation on the County's new Public Relations and Community Affairs office to the Antietam Exchange Club this morning. Commissioner Baker offered condolences to those affected by Monday's Boston Marathon bombing. He attended the reception for Tony Mendez and praised his heroism. Mr. Baker was present at the Williamsport Lions Club event to recognize scholars and State championship teams from Williamsport High School. Commissioner Baker attended the opening day for the Girls Softball League at Kemp's Mill and accepted a plaque of appreciation from the organization. He also attended the Washington County Rehab Unit 255 banquet. GENERAL FUND BUDGET — OPERATING EXPENDITURES, Debra Murray, Finance Director, and Kim Edlund, Assistant Finance Director, discussed operating expenditures for various County departments. The Election Board budget is being recommended at its current level with proposed increases in the salaries of Election Board members being afforded using operational expenses that have historically remained below budget. The Commissioners discussed the recommendation and agreed by consensus to support an increase in Election Board salaries (four members at $5,000.00 each and the President at $5,500.00) so that their duties performed are included in their overall salary. The Commissioners briefly discussed the search for a permanent early voting site or sites. County Administrator Greg Murray stated that as it now stands, the Public Hearing on the FY 2014 budget is scheduled for May 7, and it does not include a tax increase. The Commissioners deliberated the idea of assisting large water and sewer users by allowing the payment of allocation fees to be made over time versus being paid up front. The positive and negative aspects of such a policy were discussed. It was their consensus to allow the practice on a case-by-case basis to be used as another tool for economic development. Greg Murray referred to the Public Hearings held during the Commissioners' meeting on April 9 regarding proposals to increase water and sewer rates per quarter for the average residential user by 2.1% for water and 3.0% for sewer, also including other user classes, and to increase laboratory sample collection fees from $15.00 to $25.00; and also to increase certain hangar fees by 4% at the Hagerstown Regional Airport. He polled the Commissioners as to whether they approve the rates being proposed in order to include those figures in the budget to be presented at the May 7 Public Hearing. Commissioner Barr, seconded by McKinley, moved to approve the rate increases as, summarized by County Administrator Greg Murray. The motion passed unanimously. (Resolution RS -2013-05 is located in the County Commissioners' Office.) April 16, 2013 Page 3 CITIZENS PARTICIPATION There was no one present who wished to comment. (Commissioner Barr left the meeting at 10: 36 a.m.) REOUEST TO CANCEL LOAN AGREEMENT — T. ROWE PRICE Robert Mandley, Project Coordinator, Economic Development Commission (EDC), recommended the acceptance of T. Rowe Price's request to cancel/terminate the remaining terms of its Loan Agreement (Agreement) with the County dated August 3, 2010. T. Rowe Price has requested to cancel the remaining terms of the Agreement and to repay previous payments extended to them under the Agreement terms. Mr. Mandley indicated that the County would be reimbursed $287,715.00 in disbursed funds including interest and would save future payments of $492,804.00 that would have been made over the next four years. Commissioner Callaham, seconded by McKinley, moved to accept T. Rowe Price's request to cancel the remaining terms of the Agreement dated August 3, 2010 as recommended. The motion passed unanimously. (Commissioner Barr was absent.) LOAN AGREEMENT — VTI OF MARYLAND. LLC Robert Mandley requested a modification of the employment goals for the Loan Agreement (Agreement) dated May 10, 2011 with VTI of Maryland, LLC (VTI) by changing the calculation date to begin on December 31, 2013 and adding a one-year extension to the calculation dates through December 31, 2016. Mr. Mandley advised that VTI is currently in breach of the Agreement which required the employment of 75 employees as of December 31, 2012. VTI was three employees short of the requirement. The Company was to have employed 75 employees by that date and retain those employees through December 31, 2015. VTI expects to meet or exceed the employment goal by December 31, 2013. The Maryland Department of Business and Economic Development has agreed to modify its agreement with VTI to reflect the Company's request. Commissioner Cline, seconded by McKinley, moved to modify the employment goals for the Loan Agreement with VTI of Maryland, LLC as stated. The motion was passed unanimously. (Commissioner Barr was absent.) INCENTIVE MODIFICATION — DUVINAGE LLC Robert Mandley advised that Duvinage LLC (Duvinage) has requested to modify the baseline employment number previously approved by the Commissioners on December 4, 2012 from 22 employees to 19 employees, with the understanding that all other terms and conditions of the conditional loan/grant approved by the Commissioners remain in force. The Commissioners previously approved the $50,000.00 conditional loan/grant to provide assistance to Duvinage in its acquisition of an additional product line and the relocation of the operation to Maryland. The loan/grant was contingent upon the company's ability to secure all other necessary financing to close on the acquisition of Sharon Stairs, maintain its current 22 employees and add at least 38 additional positions for a total number of Apri116, 2013 Page 4 employees of 60 by the end of 2015. Mr. Mandley stated that the State of Maryland, City of Hagerstown, and Washington County have been working together to assist Duvinage in obtaining the alternative financing by utilizing the City's Hagerstown Redevelopment Loan Fund (HRLF). Duvinage's HRLF application was approved by the Hagerstown Redevelopment Authority on April 5, 2013, contingent on the State's funding the HRLF. The Commissioners discussed the details of the loan. (Commissioner Barr returned to the meeting at 10:45 a.m.) Commissioner Callaham, seconded by Cline, moved to modify the baseline employment number previously approved from 22 employees to 19 employees with the understanding that all others terms and conditions of the conditional loan/grant approval by the Commissioners of December 4, 2012 remain in force. The motion passed unanimously. BID AWARD — LEACHATE HAULING FROM SOLID WASTE DEPARTMENT Rick Curry, Buyer, Purchasing Department, and Cliff Engle, Deputy Director, Department of Solid Waste, recommended awarding the Leachate Hauling contract for the Solid Waste Department (PUR-1205) to the responsive, responsible bidder, Duffield Hauling, Inc., of Sealston, Virginia, based on the estimated quantities at unit costs with the lowest Total Base bid sum of $324,750.00. The contract involves the hauling of leachate from various facilities to Spirit Services at the Department of Environmental Management. Mr. Curry stated that six bids were received with one bid being a "No Bid". He indicated that a number of bidders had improperly completed the written unit price section on their proposals and were therefore disqualified. The Commissioners discussed the bid document issue and whether to reject all bids and rebid the contract. Mr. Curry advised that if the Commissioners decided to choose that option, he could ask the current contractor for a two-month extension in the interim period. Commissioner Callaham, seconded by McKinley, moved to reject all bids for the Leachate Hauling contract for the Solid Waste Department based on the information presented, authorize staff to rebid the contract, and authorize staff to extend the current contract. The motion passed with Commissioners Callaham, McKinley, Cline, and Baker voting "AYE" and Commissioner Barr "NO." BID AWARD — UNIFORMS FOR WASHINGTON COUNTY SHERIFF'S OFFICERS Rick Curry, Buyer, Purchasing Department, and Captain Pete Lazich, Sheriff's Department, recommended award of the contract for Uniforms for Washington County Sheriff's Officers (PUR-1206) to the responsible, responsive bidder, Red the Uniform Tailor, Inc., of Lakewood, New Jersey, with the lowest Total Sum Bid of $57,140.00, based on estimated quantities (no guaranteed minimum/maximum) of each uniform piece at per unit bid prices. Mr. Curry indicated that three bids were received, with two bids being deemed "No Bid." The Commissioners discussed the recommendation. April 16, 2013 Page 5 Commissioner McKinley, seconded by Cline, moved to award the contract to the responsible, responsive bidder, Red the Uniform Tailor, Inc., of Lakewood, New Jersey, as presented. The motion passed unanimously. CONVENE IN CLOSED SESSION Commissioner Cline, seconded by Callaham, moved to convene in closed session at 10:59 a.m. to discuss the appointment, employment, assignment, compensation, and/or performance evaluation of appointees, employees, or officials over whom this public body had jurisdiction; to discuss other personnel matters that affect one or more specific individuals; consider a matter that concerns the proposal for a business to expand in the State; and consult with counsel to obtain legal advice on a legal matter, in accordance with Section 10-508(a) (1) (4) and (7) of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed the potential reappointment of several individuals to various bodies over which the Commissioners have appointment authority; discussed the potential hiring of an individual for a full-time position and related compensation issues; and began discussions relating to the specifics of a proposal from a local company to expand its operation in the County. During closed session, the Commissioners instructed staff to bring forth the potential reappointments during a future open session agenda for further consideration and discussion; agreed to discuss and consider in a future open session the potential hiring of an individual for a full-time County position; and agreed to have further discussions relating to the proposal of a company to expand its operations in the County during a future closed session. Present during closed session were Commissioners Terry L. Baker, John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Also present were Gregory B. Murray, County Administrator; Vicki C. Lumm, County Clerk; John Martirano, County Attorney; Sarah Sprecher, Assistant County Administrator, and at various times Kendall Desaulniers, Assistant County Attorney; Jim Sterling, Director, Parks and Facilities; and Jennifer Smith, Director, Plan Review and Permitting. RECONVENE IN OPEN SESSION Commissioner Callaham, seconded by McKinley, moved to reconvene in open session at 12:10 p.m. The motion passed unanimously. RECESS The Commissioners recessed at 12:10 p.m. AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:48 p.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. April M, 2013 I Page 6 DONATE LIFE MONTH PROCLAMATION ' The Commissioners presented a proclamation to Latrice Price, Living Legacy Foundation representative, designating the month of April 2013 as "Donate Life Month." Ms. Price discussed the Foundation that promotes the gift of life through organ, eye, and tissue recovery. She introduced those in attendance who have personally been affected by the program and noted that Washington County citizens can make their donation decision by designating so on their driver's license or signing up online at DonateLifeMaryland.org. The Commissioners thanked all individuals for promoting the work of the Foundation. ENGINEERING AND CONSTRUCTION PROJECTS — STATUS AND UPDATE, Robert Slocum, Deputy Director, Public Works, presented a progress report on various projects and customer services performed by the Division of Engineering and Construction and Department of Public Works staff. Mr. Slocum reported on major Capital Improvement Projects as well as private development inspections and customer service requests. Several projects discussed were the Washington County Central Library Renovation and Expansion, Senior Community Center, Robinwood Drive 11, Yale Drive, and Professional Court Extended. Mr. Slocum also reviewed the pavement maintenance and rehabilitation program for this season and discussed other services performed by the Division of Public Works. He noted that the department is working with the Town of Boonsboro to address water problems on Lakin Avenue. Year to date, the inspection staff has responded to 127 service requests from citizens and businesses in Washington County. The Commissioners discussed several projects with Mr. Slocum and thanked him and his staff for the work they perform. CONSTRUCTION BID AWARD — LEITE RSBURG — SMITHSBURG ROAD' AND, STEVENSON ROAD STRUCTURE REPLACEMENTS, Robert Slocum and Scott Hobbs, Chief of Engineering Design, recommended awarding the contract for the Leitersburg-Smithsburg Road and Stevenson Road Structure Replacements (BR -SR -203-14) to the lowest, responsive, responsible bidder, Huntzberry Brothers; Inc. for $569,518.00. Mr. Slocum stated that eight bids were received for the project that involves the replacement of three drainage culverts at three locations; two on Stevenson Road, and one at the Leitersburg-Smithsburg Road. The completion date is estimated to be on or about December 16, 2013. Commissioner Barr, seconded by McKinley, moved to award the contract for the Leitersburg-Smithsburg Road and Stevenson Road Structure Replacements as presented. The motion passed unanimously. REMOVAL AND REPLACEMENT OF MICHAEL SWEENEY FOREST, CONSERVATION EASEMENT. Stephen Goodrich, Director, Planning and Zoning, brought forth the recommendation to remove a portion of the Forest Conservation easement on the property of Michael Sweeney (Michael Sweeney Forest Conservation Easement) located at 16210 Fairview Road and replace it with an equal amount of easement area of equal quality determined by a Forest April 16, 2013 Page 7 Stand Delineation. Mr. Goodrich indicated that if approved, Mr. Sweeney would be responsible for all costs associated with delineation of the replacement area, and the preparation and recordation of new easement documents. Mr. Goodrich discussed all aspects of allowing the removal and replacement of a forest conservation easement. The Commissioners posed several questions to Mr. Sweeney, who was in attendance. Commissioner Barr, seconded by McKinley, moved to remove a portion of the Forest Conservation easement on the property of Michael Sweeney (Michael Sweeney Forest Conservation Easement) located at 16210 Fairview Road and replace it with an equal amount of easement area of equal quality determined by a Forest Stand Delineation; with Mr. Sweeney being responsible for all costs associated with delineation of the replacement area and preparing and recording the new easement documents. The motion passed unanimously. LAUNCHING OF THE ANTIETAM HIGHLANDS WINE TRAIL Thomas B. Riford, President and CEO of the Hagerstown -Washington County Convention and Visitors Bureau, introduced Dr. Kevin Atticks, Executive Director of the Maryland Wineries Association. He introduced the owners of four County wineries that are now welcoming visitors as part of the'Antietam Highlands Wine Trail: Knob Hall Winery, Red Heifer Winery, Orchid Cellar, Inc. and Distillery Lane Ciderworks. Dr. Atticks announced the grand opening of the Trail which is the creation of participating wineries in Washington County, Frederick County, and the Maryland Wineries Association. Three new wineries will be opening later this year and joining the Trail. Mr. Riford announced that the ribbon -cutting event would take place today at 3:30 p.m. at the Knob Hall Winery near Clear Spring. The Commissioners praised the parties for hosting the Trail and investing in Washington County. UPDATE ON NEWLY AUTHORIZED BORROWING LEVELS AND FISCAL POTENTIAL Senator George Edwards and Delegate LeRoy Myers discussed the low borrowing rates available for public projects and recommended that the County borrow $14 Million in Fiscal Year 2014 to afford various projects including a new Hancock Library building. This amount would be $2 Million above the amount proposed in the current Capital Improvement Program draft budget. The Commissioners discussed details of the Hancock Library project and thanked the representatives for the information presented. LEGISLATIVE UPDATE Delegate Andrew Serafini provided a review of the 2013 Maryland General Assembly session that ended April 8. He advised of the passage of most of the County's legislative requests. Delegate Serafini stated that Maryland's debt authorizations that have skyrocketed and continue to grow. He discussed real estate tax and General Obligation Bonds. The Delegate referred to the new gas tax and stated that local trends show an increase in the use of local highways while public transportation is down, the exact opposite of what is occurring in larger counties. The reality is that bridges and roads need April 16, 2013 Page 8 more attention due to more driving being done in Washington County. Delegate Serafini discussed the impact of teacher pension payments. He praised Washington County for being conservative with its money and gave credit to those who helped the County obtain a disparity grant. He stated that growth should occur in the private sector, not governmental. CONVENE IN CLOSED SESSION Commissioner McKinley, seconded by Callaham, moved to reconvene in closed session at 3:30 p.m. to continue the session from earlier in the day to consider a matter that concerns the proposal for a business to expand in the State; and consult with counsel to obtain legal advice on a legal matter, in accordance with Section 10-508(a) (4) and (7) of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners continued their discussion relating to the specifics of a proposal of a local company to expand its operations in the County; and discussed with Counsel and staff specific legal issues relating to regulatory issues over which the County has jurisdiction. During closed session, the Commissioners provided direction to staff relating to further discussions with the local company relating to its proposal to expand its operations in the County and instructed staff, when ready, to bring the matter to open session for further discussion and consideration; and also provided Staff with direction relating to the various legal issues discussed. Present during closed session were Commissioners Terry L. Baker, John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Also present were Gregory B. Murray, County Administrator; Vicki C. Lumm, County Clerk; John Martirano, County Attorney; Sarah Sprecher, Director, Assistant County Administrator; and Kirk C. Downey, Deputy County Attorney; and at various times Jim Hovis, Director, Office of Community Grant Management. RECONVENE IN OPEN SESSION Commissioner Barr, seconded by Cline, moved to reconvene in open session at 4:01 p.m. The motion passed unanimously. (Commissioner Callaham left the meeting at 4:01 p.m.) YOUTH MERITORIOUS AWARDS — APRIL 2013 The County Commissioners presented certificates of merit to students selected by the Washington County Community Partnership for Children and Families (WCCP) to receive April 2013 Youth Meritorious Awards: Alexandria El Mohandes and Zane Poffenberger, both of Boonsboro Middle School. Each student received a $100 Office Max gift card from the WCCP and a County pin from the Commissioners. The Commissioners commended .. the students' families for their parenting skills and the students for their leadership, academic abilities, and participation in extra -curricular activities. April 16, 2013 Page 9 NATIONAL GOLDEN TISSUE — GUESTS FROM CHINA Economic Development Commission Vice Chair Ron Bowers introduced Randy Suliga, President and Chief Operating Officer of National Golden Tissue, who in turn introduced guests from China representing a company associated with National Golden Tissue. National Golden Tissue was founded in 2007 and locally manufactures household paper products. The Commissioners welcomed the visitors and presented them County pins and a County flag. ADJOURNMENT Commissioner McKinley, second by Barr, moved to adjourn at 4:34 p.m. The motion passed unanimously. !11 7 Gregory B(Murray, C unty Administrator John M. Martirano, Cou Attorney Vicki C. Lumm, County Clerk