HomeMy WebLinkAbout06.11.2013 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
June 11, 2013
INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner Barr 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 8:46 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 — MAY 28, 2013
Commissioner Cline, seconded by McKinley, moved to approve the minutes of May 28, 2013.
The motion passed unanimously.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Cline congratulated local Chapter 312 of the Korean War Veterans on the newly
placed monument on Mealey Parkway. He attended Eagle Scout Courts of Honor for Thomas
Eric Kersting and Devon Little. Mr. Cline participated in ribbon cutting ceremonies for the
Parkway Neuroscience Center, Freightliner, and the Western Maryland Hospital Center's new
fitness trail. He was present for the time capsule opening at Williamsport Elementary School and
the graduation ceremonies for the Washington County Public Schools Fire and Rescue Academy.
Commissioner Cline attended the Nick Adenhart Memorial SK Run and the open house at the
new Potomac Street location of the Antietam Fire Company. He attended reopening ceremonies
for the Singer Memorial Gallery at the Washington County Museum of Fine Arts. Mr. Cline
participated in a business outreach to Mercury Endurance Cycles and also visited the Blues Fest
in downtown Hagerstown.
Commissioner Callaham reported attending seven events; many were the same as her fellow
Commissioners, including the Williamsport Elementary time capsule opening, Fire and Rescue
Academy graduation, and several ribbon -cutting ceremonies. She discussed her travels to six
states during a recent vacation and commented on their agricultural activities.
Commissioner Barr was also out of town last week during the Commissioners' break. He
thanked the agricultural community for the hard work they do to feed citizens.
Commissioner McKinley commented on the agricultural community and also the Korean War
Veterans monument. He and Commissioner Callaham attended a meeting with emergency
medical services (EMS) personnel to discuss concerns. Mr. McKinley reported meeting with Bill
Beard, MINI Director, to discuss plans for the Senior Citizen Center. He attended the Time
June 11, 2013
Page 2
Capsule opening, the Fire and Rescue Academy graduation, the Freightliner ribbon cutting, and a
Planning Commission meeting. Commissioner McKinley was present at a meeting of the
Antietam Battlefield Advisory Committee and described the group's work to connect the
National Parks Service with the Sharpsburg community. He attended the EMS meeting at The
Volunteer Fire Company of Halfway. He was present at the Mercury Endurance Cycles business
visit and the Antietam Fire Company's new facility opening. Mr McKinley commented on an
editorial in The Herald -Mail regarding the Economic Development Commission (EDC) that
implied the EDC is "in limbo" without an appointed director. He discussed the positive
economic business accomplishments during the past year. The Commissioners generally
concurred with those comments.
Commissioner Baker attended the Fire and Rescue Academy graduation ceremonies and the
ribbon cutting events for Parkway Neuroscience Center and Freightliner. He toured downtown
Hagerstown with gubernatorial candidate David Craig during his recent visit to Hagerstown. Mr.
Baker attended the new exhibit opening at Discovery Station and graduation ceremonies Tor the
Technical High School.
PROCLAMATION - KOREAN WAR VETERANS,
Les Bishop, Jim Ensminger, Dr. Lawrence Johns, and Jim Mobley, representing Chapter 312 of
the Korean War Veterans of Washington County, accepted a proclamation from the
Commissioners proclaiming 2013 as "Year of the Korean War Veteran." The individuals were
also recognized for their work in erecting a Korean War monument on Mealey Parkway to be
dedicated on June 23, 2013.
PROCLAMATION - WASHINGTON COUNTY DAIRY MONTH
Leslie Hart, Marketing Specialist, introduced Washington County Dairy Queen Carol DeBaugh,
Ag Expo Queen Janai Heise, David Herbst, President of Washington County Farm Bureau, and
Janet Stiles Fulton, Economic Development Commission Board member, who accepted a
proclamation from the Commissioners proclaiming June as Dairy Month in Washington County.
Dairy Month offers an opportunity to honor both farm families and the food processors that
provide County residents with a wide variety of fresh, wholesome dairy products. The
Commissioners joined the individuals in a milk toast to Dairy Month.
OTHER BUSINESS
County Clerk - Appointments to Boards and Commissions,
Property Tax Assessment Appeals Board
Commissioner Barr, seconded by McKinley, moved to send a letter to the State Office of
Appointments recommending the reappointment of Donna Long and the appointment of Gregory
Weaver to the Washington County Property Tax Assessment Appeals Board. The motion passed
unanimously.
June 11, 2013
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Countv Administrator
County Administrator Greg Murray commented on the County's summer activities including
highway projects and parks and recreational activities, and ongoing initiatives concerning
economic development and marketing. He thanked County employees for the important work
they do. Commissioner Callaham requested branding materials that the Commissioners could
distribute to businesses and industries encountered during their travels.
REPORTS FROM COUNTY STAFF
Health and Human Services
Health and Human Services Director Stephanie Stone requested permission to advertise and fill a
budgeted full-time, Grade 8 Permits Technician position in the Division of Plan Review and
Permitting. She advised that a Permit Technician was the successful candidate for the
Administrative Assistant position in the EDC office. Commissioner Callaham proposed the
practice of keeping an internal employee in his or her current position until it is filled, in order to
keep a continuity of service.
Commissioner Callaham, seconded by Cline, moved to approve the request and to advertise for
the position both internally and externally as presented. The motion passed unanimously.
INTERGOVERNMEN'T'AL COOPERATIVE PURCHASE - RADIO EOUIPMENT
Karen Luther, Purchasing Director, and Kevin Lewis, Director, Division of Emergency Services,
requested approval of a Resolution for the Division of Emergency Services to purchase radio
equipment from Motorola Solutions of Chicago, Illinois, via a City of Baltimore, Maryland
contract for $69,438.50, with funding provided from the Interoperable Emergency
Communications Grant Program. Ms. Luther advised that using the cooperative purchase process
allows the Division of Emergency Services to procure the equipment through a City of Baltimore
contract that will result in cost benefits and administrative efficiencies. Mr. Lewis discussed the
proposal with the Commissioners, which was previously presented during their May 28, 2013
regular meeting.
Commissioner Barr, seconded by McKinley, moved to authorize by Resolution, the purchase of
radio equipment from Motorola Solutions of Chicago, Illinois by the Division of Emergency
Services, via a City of Baltimore, Maryland contract for $69,438.50, with funding provided from
the Interoperable Emergency Communications Grant Program as presented. The motion passed
unanimously. (Resolution No. RS -2013-09 is located in the County Commissioners' Office.)
BID AWARD - PLUMBING AND HEATING MAINTENANCE SERVICE AT COUNTY
FACILITIES
Rick Curry, Buyer, Purchasing, and Jim Sterling, Director, Parks and Facilities Department,
requested award of the contract for Plumbing and Heating Maintenance Service at various
County Facilities (PUR-1214) to the responsive, responsible low bidder, Beaver Mechanical
Contractors, Inc., of Hagerstown, Maryland, for the Base Bid amount of $41,365. Mr. Curry and
Mr. Sterling described the services to be performed under the "as -needed" contract.
June 11, 2013
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Commissioner McKinley, seconded by Barr, moved to approve award of the contract for
Plumbing and Heating Maintenance Service at various County Facilities to the responsive,
responsible low bidder, Beaver Mechanical Contractors, Inc., of Hagerstown, Maryland, for the
Base Bid amount of $41,365.00 as presented. The motion passed unanimously.
BID AWARD - GROUNDS MAINTENANCE CHEMICALS FOR VARIOUS COUNTY
DEPARTMENTS
Rick Curry and John Kain, Superintendent of the Black Rock Golf Course, recommended bid
awards for Grounds Maintenance Chemicals for Various County Departments (PUR-1216) to the
responsible companies with the lowest responsive bids that meet the specifications for each
chemical item and that tie bid items be awarded by drawing lots. Mr. Curry stated that this
contract primarily provides the needed chemicals for the Black Rock Golf Course, County
Highway Department and Department of Water Quality, and that the City of Hagerstown may
utilize the contract if desired. The contract term is one (1) year tentatively commencing July 1,
2013 and ending June 30, 2014. Mr. Curry indicated that the bids for Item Nos. 4, 6, 9, 14; 16,
20, 24, 25, 26, and 27 are contingent upon proof of good standing with the State Department of
Assessments and Taxation (SDAT) no later than June 25, 2013. The awards for two tie bids for
Nos. 14 and 26 were determined by drawing lots, pursuant to Washington County Purchasing
Policy P-2.
Commissioner McKinley, seconded by Cline, moved to award the bid for grounds maintenance
chemicals for various County Departments to the following companies, which submitted the low
responsible, responsive bids meeting specifications for each chemical as follows, including the
tie bid items; and that the award of Item Nos. 4, 6, 9, 14, 16, 20, 24, 25, 26 and 27 be contingent
upon receipt of proof that the awarded company is in "Good Standing" with SDAT no later than
June 25, 2013. If not, the next lowest bidder in good standing with SDAT will be used: Item #1:
Agrium. - $452/gal.; Item #2: Agrium. - $35/gal.; Item 93: John Deere Landscape - $60/gal.; Item
#4: Green Resource, LLC - $113.05/gal.; Item #5: John Deere Landscape - $96/gal.; Item #6:
Helena Chemical - $51/gal.; Item #7: Agrium - $14/lb.; Item #8: Genesis - $42.97/gal.; Item #9:
Helena Chemical - $22/gal.; Item #10: John Deere Landscape - $25.60/gal.; Item #11: Agrium -
$50/gal.; Item 412: Agrium. - $54.50/lb.; Item #13: Agrium - $7/lb.; Item #14: Genesis -
$417/gal.; Item #15: John Deere Landscape - $60/gal.; Item #16: Helena Chemical - $460/case;
Item 417: John Deere Landscape - $45.25/gal.; Item #18: Agrium. - $50.25/gal.; Item #19:
Genesis - $120.15/gal.; Item #20: Helena Chemical - $138/gal.; Item #21: Agrium. - $420/gal.;
Item #22: Agrium - $13/gal.; Item #23: Agrium — $320/gal.; Item #24: Helena Chemical -
$41/gal.; Item #25: Helena Chemical - $14.25/lb.; Item #26: Helena Chemical - $35.50/gal.; and
Item #27: Greene Resource, LLC - $136.98/gal. The motion passed unanimously.
BID AWARD LEACHATE HAULING FROM THE SOLID WASTE DEPARTMENT
FOR DISPOSAL
Rick Curry and Steve Zies, Assistant Solid Waste Director, requested award of the Leachate
Hauling Contract for the Solid Waste Department (PUR-1218) to the responsive, responsible
bidder, A. C. & T., Inc. of Hagerstown, Maryland based on the estimated quantities at the unit
June 11, 2013
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price cost with the lowest Total Base Bid sum of $295,395. The contract involves the hauling of
leachate from various County facilities to Spirit Services. Mr. Curry indicated that staff had
recommended that the previous bids (PUR-1205) be rejected due to the misinterpretation of the
bid documents by the previous bidders. The County Commissioners voted to do so on April 16,
2013, and on May 22, 2013, the County accepted new bids for Leachate Hauling services. The
County guarantees neither a minimum/maximum number of calls nor quantity of material for this
contract, which is for a one year period tentatively commencing July 1, 2013, with an option by
the County to renew for up to two additional consecutive one year periods with the first term
ending June 30, 2014. The Commissioners discussed the proposal.
Commissioner McKinley, seconded by Barr, moved to award the Leachate Hauling Contract for
the Solid Waste Department to the responsive, responsible bidder, A. C. & T., Inc. of
Hagerstown, Maryland, based on the estimated quantities at the unit price cost with the lowest
Total Base Bid sum of $295,395 as presented. The motion passed unanimously.
PUBLIC HEARING - AGRICULTURAL PRESERVATION DISTRICT APPLICATIONS
President Baker convened a Public Hearing at 10:04 a.m. to obtain public comment regarding the
County's ten-year Agricultural Land Preservation District agreements for property owned by
Robert Martz and Michael Martz, and property owned by Lawrence and Karen Matson. If
approved, the applicants would be restricted to agricultural use only for a period of ten years. In
exchange, the landowners will not pay County property tax on their agricultural land or buildings
and will receive a credit of up to $711 on their farmhouses. Rural Preservation Administrator
Eric Seifarth and Land Preservation Planner Chris Boggs provided information on the program
and indicated that the properties receive tax credits that equal approximately $13,890 for the full
ten-year period for approximately 110 acres. Mr. Seifarth indicated that the Agricultural Land
Preservation Advisory Board has approved the proposal.
The Public Hearing was opened for public comment. There were no individuals present who
wished to comment.
The Public Hearing was closed at 10:07 a.m. The meeting was opened for discussion by the
Commissioners, who generally spoke in favor of continuing the program.
Commissioner Cline, seconded by McKinley, moved to continue the ten-year Agricultural Land
Preservation District agreements for the Martz and Matson properties as presented. The motion
passed unanimously.
(Commissioner McKinley left the meeting at 10:09 a.m.)
EASEMENT ACQUISITIONS —12836 AND 12936 GREENSBU_ RG_ ROAD,
SMITHSBURG
Joe Kuhna, Real Property Administrator, requested approval of option agreements for easement
acquisitions at 12836 ($13,330) and 12936 Greensburg Road ($3,285) to allow for stream bank
June 11, 2013
Page 6
stabilization and future control issues, and to adopt an ordinance approving the said purchase and
to authorize the execution of the necessary documentation to finalize the easement acquisition.
Mr. Kuhna stated that funds of $16,615 for the acquisitions are available in the County's Capital
Improvement Project budget.
Commissioner Barr, seconded by Cline, moved to approve the option agreements for easement
acquisitions at 12836 and 12936 Greensburg Road for the purpose stated, to adopt an ordinance
approving the purchase, and to authorize the execution of the necessary documentation to
finalize the easement acquisitions. The motion passed unanimously (4-0, Commissioner
McKinley was absent.) (Ordinance No. ORD -2013-20 is located in the County Commissioners'
Office.)
(Commissioner McKinley returned to the meeting at 10:32 a.m.)
CITIZENS PARTICIPATION
Joe Lane, 12030 Hippan Hill Road, Smithsburg, commented on the Collegiate Acres mitigation
proposal being discussed next on the Commissioners' agenda.
ADEQUATE PUBLIC FACILITIES ORDINANCE MITIGATION PROPOSAL —
THE RESERVE AT COLLEGIATE ACRES
Stephen Goodrich, Director, Planning and Zoning, presented an Adequate Public Facilities
Ordinance (APFO) school mitigation proposal relating to The Reserve at Collegiate Acres
submitted by Attorney Jason Divelbiss. The proposed development is located within the
municipal limits of Hagerstown on the northeast side of Salem Avenue. Mr. Goodrich indicated
that using adopted pupil generation rates, the development would generate 98 elementary school
students, 41 middle school students and 44 high school students. Washington County's school
adequacy testing procedure reveals that Maugansville Elementary would be 193 students over its
local rated capacity, Western Heights 52 students over, and North High 454 students over. The
mitigation proposal contains no monetary offer to alleviate the over -capacity issue but proposes
"to limit and control the development of the Project to the following phasing schedule: Phase #1:
148 units, Building Permit(s) in Calendar Year 2013; and Phase #2: 124 units, Building Permits)
in Calendar Year 2015." The phased in plan would generally coincide with the construction of
the new West City Elementary School.
Attorney Divelbiss and Collegiate Acres Managing Member Trey Alter discussed the
development proposal that contains 272 multi -family units (apartments). Mr. Divelbiss stated
that the development is located within the City of Hagerstown limits and if approved by the
County Commissioners, would be approved by the City. Attorney Divelbiss and Mr. Alter
requested movement now on the proposal due to the summer construction period and the fact
that there is no formula in place on which to base school mitigation offers.
The Commissioners discussed the proposal. Commissioner McKinley stated that a phasing
schedule alone was not sufficient and that the parties should return next week with a mitigation
June 11, 2013
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offer involving a cost per unit. Commissioner Callaham advised of her intention not to vote on
the matter due to a business connection with certain involved parties and commented on the need
for further parameters for the mitigation process. Commissioner Cline raised a concern relating
to Ms. Callaham's participation in the discussion of this item as she has now decided not to vote
on the issue. Attorney Divelbiss and Mr. Alter advised that they would return with another
mitigation proposal during the next Commissioners' meeting.
(Commissioner Cline left the meeting at 11:29 a.m.)
PUBLIC HEARING - TEXT AMENDMENT TO SECTION 3.1 OF THE WASHINGTON
COUNTY ZONING ORDINANCE
President Baker convened a Public Hearing at 11:29 a.m. to obtain public comment regarding a
proposed text amendment to Section 3.1 of the Washington County Zoning Ordinance
(RZ-13-001) to update language relating to the implementation and maintenance of the Official
Zoning Map for Washington County, Maryland. Jill Baker, Chief Planner, Planning and Zoning,
presented information on the proposed text amendment requested as a result of the
Comprehensive Rezoning of the Rural Areas of Washington County (RZ-03-005). As part of the
rezoning adoption, the Commissioners agreed that official zoning maps for the County would
now be maintained digitally in the Geographic Information System (GIS) by the Department of
Planning. This amendment would update language in Section 3.1 to clarify and support this
decision.
The Public Hearing was opened for public comment. There were no individuals present who
wished to comment.
The Public Hearing was closed at 11:33 a.m. The meeting was opened for discussion by the
Commissioners. The Commissioners agreed to the proposal by consensus.
COMMISSIONER COMMENT
Commissioner Callaham commented on the difference between abstention and recusal regarding
the earlier mitigation discussion.
(Commissioner Cline returned to the meeting at 11:35 a.m.)
CONVENE IN CLOSED SESSION
Commissioner Barr, seconded by McKinley, moved to convene in closed session at 11:36 a.m. to
discuss the appointment, employment, assignment, promotion, compensation, and/or
performance evaluation of appointees, employees, or officials over whom this public body has
jurisdiction; and to discuss other personnel matters that affect one or more specific individuals,
in accordance with Section 10-508(a) (1) of the State Government Article of the Annotated Code
of Maryland. The motion passed unanimously.
June 11, 2013
Page 8
In closed session, the Commissioners discussed the potential appointment of an individual to a
County board over which the Commissioners have appointment authority; discussed the potential
appointment of an individual to a County authority over which the Commissioners have
appointment authority; and discussed the proposed upgrade of several current County positions
including the impact/effect that said upgrades would have on specific County employees.
During closed session, the Commissioners instructed staff to bring forth the potential
appointments of individuals to a County board and County authority over which the
Commissioners have appointment authority for further consideration and discussion during a
future open session meeting; and instructed the Director of Health and Human Services to bring
forward the proposed position upgrades for further consideration and discussion during a future
open session meeting.
Present during closed session were Commissioners Terry L. Baker, John F. Barr, Jeffrey A.
Cline, Ruth Anne Callaham, and William B. McKinley. Also present were Gregory Murray,
County Administrator; Sarah Sprecher, Assistant County Administrator; Vicki Lumm, County
Clerk; Kirk C. Downey, Deputy County Attorney; and at various times Stephanie Stone,
Director, Health and Human Services; and David Pool, Randy Schultz, and Gladys Rojas,
Department of Social Services Board members.
ADJOURNMENT
Commissioner Callaham, seconded by Barr, moved to adjourn at 11:56 p.m. The motion passed
unanimously.
The Commissioners attended a luncheon at 12:00 p.m. with Children In Need, Inc. at 131 West
North Avenue, Hagerstown.
Gregory B. Mu ray, County Administrator
\Itr�
�hn M. Martirano, Countyey
Vicki C. Lumm, County Clerk