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
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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
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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
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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
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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
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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
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'John M. Martirano, Courot A
Vicki C. Lumm, County Clerk