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HomeMy WebLinkAbout11.05.2013 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland November 5, 2013 The Commissioners attended a tree planting ceremony at 8:30 a.m. at Fountaindale Elementary School, 901 Northern Avenue, Hagerstown, as part of the Governor's Stream Restoration Challenge. 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 9:58 a.m. in the County Administration Building, Room 227, 100 West Washington Street, Hagerstown, with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, William B. McKinley. APPROVAL OF MINUTES — OCTOBER 29.2013 Commissioner Barr, seconded by McKinley, moved to approve the minutes of October 29, 2013. The motion passed unanimously. PUBLIC HEARING - $4.6 MILLION ECONOMIC DEVELOPMENT REVENUE BONDS TO BE ISSUED BY THE TOWN OF SMITHSBURG FOR BROOK LANE HEALTH SERVICES, INC. President Terry L. Baker convened a public hearing at 10:00 a.m. to obtain public comment regarding the proposed issuance and sale by the Town of Smithsburg of one or more series of its economic development revenue bonds (Bonds) in an aggregate principal amount not to exceed $4,600,000. Lindsey Rader, the County's Bond Counsel, indicated that the proceeds from the sale of the Bonds will be used to finance or refinance: (a) the construction, equipping and furnishing of a new fourteen -bed addition and physician outpatient offices totaling approximately 23,767 square feet at Brook Lane's existing hospital facility located on approximately 114 acres of land owned by Brook Lane; (b) the construction of a new waste water treatment facility to serve the existing hospital facility; (c) the building out, furnishing and equipping of approximately 7,664 square feet of office space leased by Brook Lane in Frederick County; and, (d) the financing of certain costs relating to the issuance of the Bonds and other related eligible costs. Ms. Rader advised that the bonds, known as qualified 501(c)(3) bonds under the Federal Tax Code, need "host approval" of another jurisdiction in which the facility is located. On October 1, 2013, the Town of Smithsburg adopted a resolution authorizing the issuance and sale of the Bonds and the financing and refinancing of costs of the project by Brook Lane. The public hearing was opened for public comment. There was no one present who wished to comment. November 5, 2013 Page 2 The meeting was opened for questions from the Commissioners. Ms. Rader advised that Washington County would not be the issuer of the Bonds, and there will be no exposure for the County in that it will not be the issuer or have any liability for the payments. Brook Lane will pay all costs of the issue, including the County Bond Counsel's legal fees, and would benefit by saving financing costs. The public hearing was closed at 10:05 a.m. Commissioner Callaham commented that she was pleased to support the project that will enable mental health services to be provided to more individuals. Lynn Rushing, Brook Lane's Executive Director, commented that the facility has operated for sixty-five years in the community and has had to turn away patients due to the lack of available beds. Commissioner Cline, seconded by Barr, moved to adopt a Resolution authorizing the issuance and sale of the Bonds and refinancing of costs of the project by Brook Lane as presented. The motion passed unanimously. (Resolution No. RS -2013-16 is located in the County Commissioners' Office.) COMMISSIONERS' REPORTS AND COMMENTS Commissioner Cline commented on the morning tree planting ceremony at Fountaindale Elementary School. He attended Hancock's Halloween Parade and the groundbreaking for the Humane Society of Washington County's planned spade and neuter facility. Mr. Cline attended a local press conference by Senator Benjamin Cardin to gain support for a National Blue Alert System. He was present for a seminar on social media and website design conducted by High Rock Studios. Commissioner Cline attended the Hagerstown Lions Club breakfast and the grand opening of Kristi's in Boonsboro. He enjoyed the Turkey Tasting event at the Agricultural Education Center hosted by Corner Oaks Farm. Mr. Cline attended the Washington County Museum of Fine Arts' Treasure Sale. He recognized the retirement of Dan Spedden as Superintendent of five State parks. Commissioner Callaham attended Senator Cardin's press conference to promote the National Blue Alert System. She discussed the work performed and duties of the position of County Commissioner during a recent Chamber of Commerce board meeting. Ms. Callaham praised the organization for its work in the community. Commissioner Barr reported speaking at the annual Greater Hagerstown Committee's political meeting. He referred to a letter from the Rural Maryland Council requesting support of an initiative from the Commissioners. Mr. Barr discussed meetings of the Maryland Association of Counties (MACo) to prepare for the Maryland Legislative session beginning in January 2014. He advised that he would be attending MACo's Winter Conference in December. Commissioner Barr praised organizers of the Maryland Symphony Orchestra's (MSO) dinner and auction, including his wife, Teresa. He commented on educational programs for students sponsored by the MSO. November 5, 2013 Page 3 Commissioner McKinley reported attending the MSO fundraiser and a Planning Commission meeting. He commented on calls received from concerned citizens regarding Walgreens buying Antietam Health and the closing of the Williamsport and Smithsburg pharmacy facilities. Commissioner Baker acknowledged the retirement of Dan Spedden. He thanked those involved in the tree -planting event at Fountaindale Elementary School this morning. Mr. Baker reported on a recent Department of Social Services board meeting. CITIZENS' PARTICIPATION There were no citizens present who wished to participate. OTHER BUSINESS Countv Clerk — Annointments to Boards and Commissions Hagerstown Regional Airport Advisory Commission Commissioner Barr, seconded by McKinley, moved to appoint Bert Iseminger to the Hagerstown Regional Airport Advisory Commission to serve a first, three-year term from December 1, 2013 through November 30, 2016. The motion passed unanimously. Countv Administrator County Administrator Gregory Murray commented on information included in the first quarter fiscal and economic update publication that is now available and would be provided to the Commissioners. He discussed the letter received from the Rural Maryland Council requesting a letter of support from the Commissioners to the Governor for $6 million in funding for the Rural Maryland Prosperity Investment Fund. The fund is for certain purposes such as encouraging entrepreneurism, reducing unemployment, and improving the quality of life in Maryland's eighteen rural counties. The Commissioners discussed the request. It was their consensus to send a letter of support to the Governor to include $6 million funding for the Rural Maryland Prosperity Investment Fund in the State's next operating budget. REPORTS FROM COUNTY STAFF Division of Enaineerina and Construction Management — Proiect Updates Rob Slocum, Director of Engineering and Construction Management, discussed a forthcoming Memorandum of Understanding from the State regarding funding provided under the "Safe Routes to Schools" sidewalk program. The no -match funds will be used to construct sidewalks from Paramount Elementary School to the Spring Valley area. Commissioner Callaham requested signage to advise citizens of the positive project. Mr. Slocum advised that the Yale Drive project has received a categorical exclusion for environment clearance this week. The design plans have been submitted for approval to the State Highway Administration, as required under Appalachian Regional Commission funding. He indicated that consultants are currently performing semi-annual inspections of November 5, 2013 Page 4 certain bridges in the County. He also announced that the Leitersburg-Smithsburg Pike would reopen this week. The Commissioners briefly discussed with Mr. Slocum plans for a larger Commissioner meeting room on the first floor of the County Administration Building. INTERGOVERNMENTAL COOPERATIVE PURCHASE — HAGERSTOWN REGIONAL AIRPORT Rick Curry and Phil Ridenour, Director, Hagerstown Regional Airport, requested approval to authorize by resolution, an Intergovernmental Cooperative Purchase for the Airport to purchase from Smith's Implements, Inc. of Hagerstown, Maryland, one John Deere Model 6125M Tractor at $80,537.38 and one Alamo 30 foot Maverick Mower at $92,248.70 for a total of $172,786.08, and to utilize another jurisdiction's contracts awarded by the National Joint Powers Alliance, Contract #031711 -DAC, to John Deere of Cary, North Carolina and Contract #031711 -AGI to Alamo Industrial of Seguin, Texas. Mr. Curry advised the Commissioners of the cost savings realized through the intergovernmental cooperative purchase procedure. Mr. Ridenour described the items and stated that funds for their purchase are available in the Airport's Capital Improvement Project account. The Commissioners discussed the matter. Commissioner Barr, seconded by Callaham, moved to authorize by resolution an Intergovernmental Cooperative Purchase for the Hagerstown Regional Airport as presented. The motion passed unanimously. (Resolution RS -2013-17 is located in the County Commissioners' Office.) INTERGOVERNMENTAL COOPERATIVE PURCHASE — HIGHWAY DEPARTMENT Rick Curry and Ed Plank, Director, Highway Department, requested approval to authorize by resolution, an Intergovernmental Cooperative Purchase for the Highway Department to purchase three 4x2 Mack Dump Trucks from Potomac Mack Sales and Service, Inc. of Bladensburg, Maryland, at $165,610.00 each for a total of $496,830.00, and to utilize another jurisdiction's contract 41015061 awarded by the Montgomery County, Maryland Office of Procurement. Mr. Plank described the purchase that will replace vehicles well past the County's ten-year usage guidelines. Funds for the purchase are available in the Department's Capital Improvement Plan account. Commissioner McKinley, seconded by Barr, moved to authorize by resolution an Intergovernmental Cooperative Purchase for the Highway Department as presented. The motion passed unanimously. (Resolution RS -2013-18 is located in the County Commissioners' Office.) County Administrator Greg Murray commented that the purchase of the Mack trucks would support a local manufacturer, Volvo Powertrain, and that Volvo officials would be present at their delivery. November 5, 2013 Page 5 CONTRACT AWARD - GASOLINE AND DIESEL FUEL DELIVERIES Rick Curry recommended award of the Gasoline and Diesel Fuel Deliveries contracts (PUR 1234) to the responsive, responsible bidders who submitted the lowest bids as follows: 1) Gasoline and diesel tank -wagon deliveries - Mansfield Oil Company of Gainesville, Inc., at the unit prices stated in its bid ($1,170,938.76), 2) Gasoline transport deliveries - Petroleum Traders Corporation of Fort Wayne, Indiana, at the unit prices stated in its bid ($231,786.57), and 3) Diesel transport deliveries - Cato, Inc. of Salisbury, Maryland at the unit prices stated in its bid ($206,089.79). Mr. Curry stated 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. Commissioner Barr, seconded by McKinley, moved to award the bids for Gasoline and Diesel Fuel Deliveries as presented. The motion passed unanimously. HAGERSTOWN REGIONAL AIRPORT ENVIRONMENTAL ASSESSMENT ADDITIONAL FUNDING Phil Ridenour, Director, Hagerstown Regional Airport, presented a request to transfer $23,067 from the Hotel Rental Tax Fund into Account # 5020 00027 27010 to pay for Change Order #1 in the amount of $22,883 for Airport Design Consultants, and the remaining $184 to pay for advertising for the environmental assessment performed by the consultants. Mr. Ridenour detailed that four additional projects were proposed for construction outside the assessment area once the environmental assessment for the Northwest Quadrant began. Those proposals included the Rider Jet Center Fixed Base Operation expansion, a proposed 31,000 square foot aircraft hangar, a new facility for the Pittsburgh Institute of Aeronautics (PIA), and three Box Hangars in the T -Hangar area. The PIA facility and Box Hangars have been built and the Rider Jet Center is ready to begin construction. Those projects would have been delayed if the environmental assessment were not completed for these projects. The engineers' estimate for this work was $70,000 and the original Scope of Work for the project was $74,749. On July 3, 2012, the Board of County Commissioners approved the additional $4,749 for the original Scope of Work. If the additional funding is approved, it will bring the project total to $97,816. The Commissioners discussed the positive aspects of the environmental assessment. Commissioner Barr, seconded by Callaham, moved to approve the transfer of funds from the Hotel Rental Tax Fund into Account # 5020 00027 27010 to pay for Change Order #1 in the amount of $22,883 for Airport Design Consultants and the remaining $184 to pay for advertising for the Environmental Assessment as presented. The motion passed unanimously. MECAER AVIATION GROUP, INC. - FINANCIAL INCENTIVE AGREEMENT Robert Mandley, Business Development Specialist, Department of Business Development, presented a recommendation to modify the Financial Incentive Agreement entered into between Mecaer Aviation Group, Inc. (MAG) and the County that provided $100,000 in November 5, 2013 Page 6 $20,000 increments over five years beginning 2012 and ending 2016. MAG is currently in default of the Agreement and Promissory Note and has requested a modification/one year extension from September 1, 2013 to September 1, 2014 to meet the required minimum job creation number of eighteen permanent full-time jobs. MAG has filled seven of the required eighteen positions. Mr. Mandley indicated that the Economic Development Commission's Executive Committee reviewed the request from MAG and accepted the following modifications to the Agreement: A) grant a one year extension from September 1, 2013, to September 1, 2014, for MAG to meet the required minimum job creation number of eighteen (18) permanent full-time jobs, B) require MAG to maintain all eighteen (18) newly created jobs through September 1, 2018, C) suspend any further payments required from the County unless and until the minimum job creation number is achieved, and D) impose the claw back provisions of the Agreement if the minimum job creation number is not met within the one year extension. Commissioner Barr, seconded by McKinley, moved to modify the Agreement and Note with MAG as presented. The motion passed unanimously. McKinley praised Mr. Mandley for his work to advance this project and for other economic development successes including the planned expansion at Volvo Powertrain. CONVENE IN CLOSED SESSION Commissioner McKinley, seconded by Barr, moved to convene in closed session at 11:02 a.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, 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; and to consult with counsel to obtain legal advice on a legal matter, in accordance with Section 10-508(a) (1) (7), and (8) of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed the potential appointment of an individual to a County commission over which the Commissioners have appointment authority; discussed the potential nomination of an individual to a State appointed appeals board; and discussed with counsel specific legal issues relating to pending litigation. During closed session, the Commissioners instructed staff to bring forth the potential appointment to a County commission for further consideration and discussion during a future open session meeting; and instructed Staff to seek additional applicants for potential nomination to a State appointed appeals board. 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 Murray, County Administrator; Sarah Sprecher, Assistant County Administrator; Vicki Lumm, County Clerk; John M. Martirano, County Attorney; Kirk C. Downey, Deputy County Attorney; and Kendall A. Desaulniers, Assistant County Attorney. November 5, 2013 Page 7 ADJOURNMENT Commissioner Callaham, seconded by McKinley, moved to adjourn at 11:44 a.m. The motion passed unanimously. The Commissioners were invited to attend the dedication of a new sound system at 3:30 p.m. at The Maryland Theatre. Gregory B. 4urray, County Administrator John M.,Martirano, County A ey Vicki C. Lumm, County Clerk A 3 I