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HomeMy WebLinkAbout01.14.2014 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland January 14, 2014 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 10:09 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 — DECEMBER 17, 2013 Commissioner Cline, seconded by Callaham, moved to approve the minutes of December 17, 2013. The motion passed unanimously. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Cline reported attending many events over the holiday season and expressed his appreciation to local non -profits that provided food, shelter, toys, and relief to County citizens. He also recognized emergency responders and Highway employees for their work during recent snow events. Mr. Cline congratulated Gordon's Grocery on its 90th year of business in the north end of Hagerstown. Commissioner Callaham reported on a meeting of the PenMar Development Corporation and the implementation of a new redevelopment plan for Fort Ritchie. She also attended a Historical Advisory Committee meeting where local author George Anikis spoke on his book about the boys of Ringgold. Ms. Callaham attended a Chamber of Commerce meeting. She described a Rotary Club meeting featuring a presentation on the history of the Maryland Theatre and the repairs needed to this historic "gem." Commissioner Barr wished all a happy new year. He thanked his fellow Commissioners and County staff who volunteered to ring The Salvation Army bell during the holiday season. Mr. Barr reported on time spent in Annapolis serving on the Maryland Association of Counties' Legislative Committee. He indicated that preliminary discussions centered on the restoration of highway user revenue and this year's expected State budget shortfall. Commissioner McKinley echoed Mr. Cline's comments regarding work done by the County's staff during recent weather-related events. He read excerpts of a letter from County citizen Harry Rutter that commended the services received for his tax dollars. Mr. McKinley enjoyed the first New Year's Donut Drop in Hagerstown's City Square. Commissioner Callaham suggested honoring the event organizers with a proclamation. Commissioner McKinley reported on the recent Economic Development Commission January 14, 2014 Page 2 meeting. He also attended the Rotary Club meeting and Maryland Theatre discussion. Commissioner McKinley noted that Jack Miller was selected chair of the County's Airport Advisory Commission. Commissioner Baker thanked County staff for their work done during recent winter weather events. He thanked Commissioner Barr for spearheading The Salvation Army bell -ringing day. Mr. Baker attended the Washington County Volunteer Fire and Rescue Association meeting breakfast and a Hoop Shoot at Williamsport High School sponsored by the Elks Club. Commissioner Baker enjoyed the holiday breakfast sponsored by Department of Environment Management employees. He participated in the Leadership Washington County meeting relating to the quality of life in the County. CERTIFICATE OF RECOGNITION TO DAN SPEDDEN The Commissioners presented a certificate of recognition to Dan Spedden for his thirty years of service to the Maryland Department of Natural Resources. Mr. Spedden recently retired as the Law Enforcement Captain and Manager at the Greenbrier State Park and South Mountain Recreation Area. The Commissioners thanked him for his service and wished him well in future endeavors. VISITORS FROM TOKYO Commissioner Barr recognized two student visitors from Tokyo who are participating in a leadership program through Grace Academy and Broadfording Christian Academy. The students will perform community service and visit educational, medical, and government entities to enrich their leadership skills before returning to Tokyo after a one-year period. The Commissioners presented Washington County lapel pins to the students and wished them well during their visit to Washington County. CITIZENS' PARTICIPATION Phil Physioc, 20241 Beaver Creek Road, Hagerstown, commented on the possibility of obtaining access to property in the Mt. Aetna area. Washington County Community Mediation Center member Bill Pechumer commented on the Center's work, successes, and cost effectiveness. REPORTS FROM COUNTY STAFF Hagerstown Regional Air -Dort Hagerstown Regional Airport (HGR) Director Phil Ridenour advised that a recent appropriations bill included $140 million in funding for the contract tower program that will help keep airport towers, including HGR's, in place. He discussed the positive numbers achieved for Allegiant flights to and from Hagerstown and Sanford, Florida. Mr. Ridenour advised that a Request for Proposal has been developed for the Brumbaugh/Kendle/Grove Farmstead seeking proposals for the adaptive re -use of the property. The Maryland Historic Trust is involved in the final review. January 14, 2014 Page 3 Engineering and Construction Management Rob Slocum, Director, Engineering and Construction Management, advised that he would be meeting this evening with the City of Hagerstown staff to discuss the City's participation in the project regarding the bridge over the Antietam Creek at Eastern Boulevard. Mr. Slocum announced that the State Highway Administration would be participating in the Shawley Drive public safety improvement project. He provided information on the 2014 asphalt paving program, Robinwood Drive improvements, acquisition of property for the Eastern Boulevard Phase I project, and railroad crossings. Mr. Slocum indicated that the State is receptive to the County taking ownership of the Agricultural Education Center facility property. Health and Human Services Stephanie Stone, Director, Health and Human Services, requested approval to advertise and hire for two budgeted, full-time positions: 1) Grade 6, Office Associate, Department of Water Quality, and 2) Grade 15, Deputy Director, Parks and Facilities. Commissioner McKinley, seconded by Cline, moved to advertise and fill both positions as presented. The motion passed unanimously. CONTRACT AWARD — ENGINEERING SERVICES REQUIREMENTS CONTRACT Karen Luther, Purchasing Director, Mark Bradshaw, Deputy Director for Engineering Services, presented a recommendation to award a primary requirements contract (PUR- 1233) for the Division of Environmental Management -Engineering Services (DEM), to URS Corporation of Baltimore, Maryland, the responsive, responsible proposal with the lowest price proposal of $382,338 at the specified unit costs and estimated hours (no minimum or maximum guaranteed); and as permitted, a "stand-by list" of consultants at their specified costs and estimated hours (no minimum or maximum guaranteed). Ms. Luther advised that the services under this contract provide engineering support by qualified engineering consultant firms to perform engineering services for DEM projects in the six-year County Capital Improvement Plan and general operating budget and unanticipated emergencies. Ms. Luther described the contract and the method used by the County's Coordinating Committee to determine the overall lowest cost to the County for the recommended contract award. The four standby companies are CBM Smith, Inc. of Lancaster, Pennsylvania, Charles P. Johnson & Associates, Inc. of Silver Spring, Maryland, EA Engineering, Science, and Technology, Inc. of Hunt Valley, Maryland, and the EADS Group, Inc. of Cumberland, Maryland. The two-year contract provides an option for three, one-year renewals. The Commissioners discussed the matter. Commissioner Barr, seconded by Callaham, moved to award the requirements contract to URS Corporation of Baltimore, Maryland and the standby agreements to the above - referenced four companies as presented. The motion passed unanimously. January 14, 2014 Page 4 CONDUIT DEBT REVIEW APPROVAL — HOMEWOOD WILLIAMSPORT FACILITY Debra Murray, Finance Director, and John Martirano, County Attorney, presented information relating to a letter the County recently received from the Internal Revenue Service (IRS) advising that it has selected the issuance of certain economic revenue bonds to Homewood at Williamsport in 2007 for examination as part of a project/initiative involving qualified 501(c)(3) hospital bonds. Ms. Murray and Mr. Martirano recommended that (A) Harold Altscher of Miles & Stockbridge P.C. and (B) Lindsey A. Rader and David M. Funk, both of Funk & Bolton, P.A., each be appointed and declared a representative of the County before the Internal Revenue Service (IRS) with respect to the examination of the Washington County, Maryland Variable Rate Demand Revenue Bonds (Homewood at Williamsport Facility) Series 2007 originally issued in the aggregate principal amount of $12,000,000 (the "2007 Bonds") pursuant to an Information Document Request, (ii) that the President of the Board of County Commissioners or the Vice President of the Board of County Commissioners is each hereby authorized and empowered to execute and deliver on behalf of the County one or more IRS Forms 2848 providing for such appointments and declarations, substantially in the form of the IRS Form 2848 presented to the County Commissioners herewith, and, with the advice of the Director of Finance, to make any necessary or appropriate amendments or supplements to such Form(s) or to execute and deliver any replacement Form or Forms 2848 deemed appropriate in connection with the examination of the 2007 Bonds, and (iii) that such representatives shall have the powers provided for in such Form(s). Mr. Martirano indicated that Lindsey Rader, the County's bond counsel, has recommended that the County make the requested appointments and declarations so that a proper and timely response can be prepared with the assistance of the firm that served as bond counsel for the issuance and the County's current bond counsel and delivered to the IRS. Most of the information requested is in the records of the borrower (Homewood). The County would incur no liability as Homewood is fully responsible for the debt and any costs involved, including the payment of all legal services incurred in preparing the necessary response to the IRS. The Commissioners discussed the matter. Commissioner Callaham seconded by Barr, moved that (A) Harold Altscher of Miles & Stockbridge P.C. and (B) Lindsey A. Rader and David M. Funk, both of Funk & Bolton, P.A., each be appointed and declared a representative of the County before the Internal Revenue Service (IRS) with respect to the examination of the Washington County, Maryland Variable Rate Demand Revenue Bonds (Homewood at Williamsport Facility) Series 2007 originally issued in the aggregate principal amount of $12,000,000 (the "2007 Bonds") pursuant to an Information Document Request, (ii) that the President of the Board of County Commissioners or the Vice President of the Board of County Commissioners is each hereby authorized and empowered to execute and deliver on behalf of the County one or more IRS Forms 2848 providing for such appointments and declarations, substantially in the form of the IRS Form 2848 presented to the County Commissioners herewith, and, with the advice of the Director of Finance, to make any necessary or appropriate amendments or supplements to such Form(s) or to execute and deliver any replacement January 14, 2014 Page 5 Form or Forms 2848 deemed appropriate in connection with the examination of the 2007 Bonds, and (iii) that such representatives shall have the powers provided for in such Form(s).The motion passed unanimously. ANNUAL REPORT - HOUSING AUTHORITY OF WASHINGTON COUNTY Richard Willson, Executive Director of the Housing Authority of Washington County, presented a report on the history of the Authority and noted its 35th anniversary this year. He discussed 2013 activities including development prospects for 2014 in the context of census data on housing needs in Washington County. (Commissioner Baker left the meeting at 11:28 a.m. and Commissioner Barr assumed the Chair.) The Commissioners posed several questions to Mr. Willson and thanked him for the report. RECESS The Commissioners recessed at 11:34 a.m. AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:41 p.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. YOUTH MERITORIOUS AWARDS — JANUARY 2014 The Commissioners presented certificates of merit to the following students selected by the Washington County Community Partnership for Children and Families (WCCP) to receive January 2014 Youth Meritorious Awards: Nashana Green of Western Heights Middle School, Madeleine Brooks of North Hagerstown High School, and Brycen Pearl of Boonsboro Middle School. Each student received a Washington County lapel pin from the Commissioners and a $100 Staples gift card from the WCCP. The Commissioners commended the students and their families for their accomplishments. CONTRIBUTION TO THE WASHINGTON COUNTY COMMUNITY LOBBYING COALITION John Latimer, IV, Board Chair, Hagerstown -Washington County Chamber of Commerce, discussed the Washington County Community Lobbying Coalition (Coalition) and its past effectiveness in hiring a lobbyist for issues that directly affect Washington County. Coalition members are comprised of the City of Hagerstown, Hagerstown/Washington County Convention and Visitors' Bureau, Washington County Government, Washington County Chamber of Commerce, Hagerstown/Washington County Industrial Foundation (CHIEF), Greater Hagerstown Committee, Washington County Free Library, and Washington County Board of Education. Mr. Latimer provided details of a planned evening trade show/reception on January 30 at the Calvert House in Annapolis where Washington County Government will be sponsoring three booths. The Coalition's agenda items include the expedition of multi -phased improvements to the Eastern Boulevard, the January 14, 2014 Page 6 widening of Interstate 81, and support for revitalization initiatives for Hagerstown's Downtown Core. The Commissioners discussed the request. Commissioner McKinley, seconded by Barr, moved to approve a $10,000.00 contribution to the Washington County Lobbying Coalition for 2014. The motion passed with Commissioners McKinley, Barr, and Callaham voting "AYE" and Commissioners Cline and Baker "NO." CONVENE IN CLOSED SESSION Commissioner McKinley, seconded by Cline, moved to convene in closed session at 2:10 p.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 has jurisdiction; to discuss other personnel matters that affect one or more specific individuals; to consult with staff, consultants, or other individuals about pending or potential litigation; 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/reappointment of a number of specific individuals to several County commissions, agencies, and boards over which the Commissioners have appointment authority; discussed with legal counsel specific legal issues relating to pending litigation; discussed the desirability of legislative changes relating to certain statutory provisions in light of current litigation involving the County; and discussed the performance and employment status of several County employees. During closed session, the Commissioners instructed staff to bring forth the potential appointments/reappointments to several County commissions, agencies, and boards for further consideration and discussion during the open session meeting; provided staff with general direction as to the potential statutory changes discussed; and provided specific direction to staff as to the employment status of several County employees as well as other employee issues discussed. Present during closed session were Commissioners Terry L. Baker, 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; and at various times Commissioner John F. Barr, Kirk C. Downey, Deputy County Attorney; Kendall A. Desaulniers, Assistant County Attorney; Christopher Boggs, Land Preservation Planner, Planning and Zoning; Phil Ridenour, Airport Director; Angela Smith, Chief, Plan Review and Permitting; Stephanie Stone, Director, and Brian Overcash, Safety Administrator, Health and Human Services; Jennifer Smith, Public Works Director; Ed Plank, Highway Director; and Nicole Ingram, President, Commission for Women. January 14, 2014 Page 7 RECONVENE IN OPEN SESSION Commissioner McKinley, seconded by Cline, moved to reconvene in open session at 5:00 p.m. The motion passed unanimously. OTHER BUSINESS Countv Clerk — ADDointments to Boards and Commissions County Clerk Vicki Lumm read the names of individuals recommended for appointment or reappointment to County Boards and Commissions, as follows: Washinjzton Countv Commission on Auina Reappoint Alfred Martin to a second, three-year term through January 15, 2017. Area Aizencv on Aaina Appoint Thomas Ruhf and Mary Johnson to first, three-year terms through January 31, 2017; and reappoint Tim O'Rourke to a second, three-year term through January 31, 2017. Washington County Commission for Women Appoint Sando Adetunji to serve an unexpired term through May 31, 2016 and Candace DeVore to serve an unexpired term through April 30, 2015. Washinaton Countv Aaricultural Reconciliation Board Appoint Jill Miller to serve an unfulfilled term through November 30, 2015. Hagerstown Regional Aimort Advisory Commission Appoint Richard Reichenbaugh and Robert Hackman to serve first, three-year terms on the Hagerstown Regional Airport Advisory Commission through January 31, 2017. Washinaton Countv Plumbing and Mechanical Board Appoint Charlie Semler the Building Industry representative and Arnold Eby the member - at -large representative to serve three-year terms through January 31, 2017. Commissioner McKinley, seconded by Cline, moved to approve all appointments as presented. The motion passed unanimously. (4-0, Commissioner Barr was absent.) ADJOURNMENT Commissioner McKinley, seconded by Cline, moved to adjourn at 5:03 p.m. The motion passed unanimously. Greg&y B. MuIay, County k �. 'John M. Martirano, Courot A Vicki C. Lumm, County Clerk