HomeMy WebLinkAbout02.04.2014 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
February 4, 2014
The Commissioners participated in the State of the County forum at 7:30 a.m. at Fountain
Head Country Club, 13316 Fountain Head Road, Hagerstown, sponsored by the
Hagerstown -Washington County Chamber of Commerce.
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. at 100 West
Washington Street, Room 227, with the following members present: Vice President John
F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B.
McKinley.
INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner Barr offered the Invocation followed by the Pledge of Allegiance to the
Flag by the full assemblage.
APPROVAL OF MINUTES — JANUARY 28, 2014
Commissioner Barr, seconded by McKinley, moved to approve the minutes of January 28,
2014. The motion passed unanimously.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Barr stated that he would be leaving the meeting this morning to attend
Maryland Comptroller Peter Franchot's press conference at Spicher's Appliances to
announce "Shop Maryland Energy" tax-free weekend on February 15-17. He congratulated
Public Relations Manager James Jenkins and staff for this morning's State of the County
video presentation. Commissioner Barr reported on meetings in Annapolis for the
Maryland Association of Counties (MACo) and commented on the well -attended
Washington County trade show/reception held at the Calvert House on January 30.
(Commissioner Barr left the meeting at 10:20 a.m.)
Commissioner McKinley echoed Commissioner Barr's comments regarding the State of
the County presentation. He thanked the Washington County Lobbying Coalition for co-
sponsoring the reception in Annapolis.
Commissioner Callaham reported attending the Funkstown Volunteer Fire Company
awards banquet. She attended the Fort Detrick Alliance banquet and shared its 2013 annual
report with the Commissioners.
Commissioner Cline attended the Funkstown Volunteer Fire Company banquet and
thanked members for their service to the community. He traveled to Annapolis for the
Washington County reception and praised all participants. Mr. Cline attended the State
Fire Chief's reception and thanked Rick Blair for serving as president last year. He
attended the Potomac Valley Volunteer Fire Company breakfast in Dargan. Commissioner
February 4, 2014
Page 2
Cline thanked Senator Chris Shank for inviting the Commissioners to join him on the
Senate floor last week. He reported riding along with a County plow truck during last
week's snow event and commended those employees for the work they do.
Commissioner Baker thanked the Chamber of Commerce and County staff for the well-
received State of the County video presentation. He reported attending the Skills USA
Technical High School championship event in Frederick. Mr. Baker attended the
Funkstown Volunteer Fire Company banquet and congratulated the award recipients. He
attended last week's public meeting in Clear Spring regarding the Town Growth Area
Comprehensive Rezoning. Commissioner Baker expressed support to include a step
increase for County employees in this year's budget. He referenced recent emails to the
Commissioners requesting official support to make English the official language of
Washington County. He advised that Delegate Neil Parrott has requested a letter from the
Commissioners regarding the County's stance on the minimum wage bill. Mr. Baker will
obtain more information on the proposal from Delegate Parrott.
CITIZENS PARTICIPATION
Washington County citizen Tom Grosh advised that he would be testifying in Annapolis
on February 11 regarding the proposed Sunday hunting bill. He discussed maintenance
costs for volunteer fire companies and the issue of making English the County's official
language. Mr. Grosh distributed information on improvements requested to the Four Locks
area along the C&O Canal near Clear Spring that would promote tourism.
REJECTION OF BIDS - COLLEGE ROAD PUMP VALVE VAULT AND WET
WELL INSTALLATION
Rick Curry, Buyer, Purchasing, and Mark Bradshaw, Deputy Director, Engineering and
Construction Services, recommended the rejection of all bids received for the College
Road Pump Station Valve Vault and Wet Well Installation (PUR-1236). Mr. Curry
indicated that original scope of work involved the replacement of a ten -foot diameter wet
well and accompanying work. However, budgeted funds for the project were way below
the $541,657 low bid received. Due to these funding issues, the project was re-evaluated
and it was determined that the wet well could be refurbished in lieu of being replaced. It is
estimated that the project, using County personnel to perform some of the work, could be
completed for approximately $99,000. The Commissioners discussed the recommendation.
Commissioner Callaham, seconded by Cline, moved to take action that is in the best
interest of the County and reject all bids received for the College Road Pump Station Valve
Vault and Wet Well Installation for the reasons stated. The motion passed unanimously.
(4-0, Commissioner Barr was absent.)
OTHER BUSINESS
Countv Administrator — Leeislative Issues
Return of Hiahwav User Revenue — SB 664
County Administrator Greg Murray discussed Senate Bill 664 sponsored by Senator
Edwards requesting the return of highway user funds to the Counties. The Senator has
February 4, 2014
=� Page 3
requested that a letter of support from the County Commissioners be sent to the Chair of
the Budget and Taxation Committee. The Commissioners discussed the matter and decided
to seek further information from Legislative Services regarding the proposed
amounts/percentages being requested from the State before acting on the request.
Salary Recommendations — County Commissioners and Sheriff
Mr. Murray advised that the Delegation is requesting reaffirmation from the
Commissioners regarding their 2012 vote to request no changes to the current
compensation for the County Commissioners but to support an increase to $100,000 a year
for the elected Washington County Sheriff, which would take effect after the November
2014 election. County Attorney John Martirano stated that the Delegation took no action
last year regarding these recommendations but would like to include them in this year's
legislative discussions. The Delegation further plans to discuss the issue of whether the
compensation levels for the County Commissioners and Sheriff should be set locally by the
County Commissioners.
It was the consensus of the Commissioners to affirm their salary recommendations as
voted on in December 2012 and to further advise the Delegation that they would prefer to
have the compensation levels for the Commissioners and Sheriff continue to be set by the
legislature.
Sunday Hunting — HB 406
The Commissioners discussed whether to support House Bill 406 that would expand
hunting hours to Sundays. It was their consensus to send a letter of support to the
Delegation regarding HB 406.
PUBLIC HEARING — ECONOMIC DEVELOPMENT REFUNDING REVENUE
BONDS FOR BENEFIT OF DIAKON LUTHERAN SOCIAL MINISTRIES
President Baker convened a Public Hearing at 11:10 a.m. to obtain public comment on the
County's proposal to issue and sell its economic development refunding revenue bonds in
one or more series in an aggregate principal amount not to exceed $23,000,000 (the
"Bonds"), and to loan the proceeds from the sale of such bonds to Diakon Lutheran Social
Ministries (the "Borrower"). Lindsey Rader, Bond Counsel, indicated that the public
hearing is required by the federal tax code with respect to a Resolution pending before the
Board of County Commissioners of Washington County. The bonds originally issued in
2003 were for Ravenwood Lutheran Village and the Village at Robinwood; pursuant to a
merger/reorganization, the campuses are now known as Diakon Lutheran Senior Living -
Hagerstown and The Village at Robinwood. Ms. Rader advised that Diakon's Letter of
Intent requests that the County issue and loan the proceeds to Diakon to currently refund,
in whole or in part, those outstanding 2003 bonds to pay the cost of issuance of the new
bonds to pay any necessary reserves and pay any other costs authorized by revenue act.
The County would not be pledging its full faith and credit or its taxing power toward
payment of the bonds. Diakon's letter of intent indicates that the refinancing money would
be freed for planned reinvestment through construction on two of its campuses.
February 4, 2014
Page 4
The public hearing was opened for public comment. There were no individuals present
who wished to comment.
The meeting was opened for questions from the Commissioners. Ms. Rader reaffirmed that
the County was acting as a conduit and would not incur any liability or costs by agreeing to
the proposal. Commissioner Callaham disclosed that her mother resides at one of the
Diakon facilities.
The hearing was closed at 11:16 a.m.
Commissioner McKinley, seconded by Callaham, moved to approve the resolution
authorizing the issuance from time to time by the County Commissioners of one or more
series of its economic development refunding revenue bonds in an aggregate principal
amount not to exceed $23,000,000 (the "Bonds"). The motion passed unanimously. (4-0,
Commissioner Barr was absent.) (Resolution No. RS -2014-01 is located in the County
Commissioners' Office.)
REPORTS FROM COUNTY STAFF
Public Works
Jennifer Smith, Director, Public Works, recognized the roadwork done by staff during the
recent weather events. The Commissioners expressed their appreciation to staff.
REAL PROPERTY ACOUISITION — EASTERN BOULEVARD
Joe Kuhna, Real Property Administrator, requested permission to close negotiations for the
acquisition of a right of way at 917 Antietam Drive that is necessary for the Eastern
Boulevard Phase II Improvements Project. The vacant property consists of 7,660 square
feet of land. Mr. Kuhns indicated that budgeted funds of $140,000 are available for the
acquisition. The Commissioners discussed the project.
Commissioner McKinley, seconded by Callaham, moved to close negotiations to approve
the acquisition of a right of way at 917 Antietam Drive, to adopt an ordinance approving
said purchase, and to authorize execution of the necessary documentation to finalize the
acquisition. The motion passed unanimously (4-0, Commissioner Barr was absent.)
(Ordinance No. ORD -2014-01 is located in the County Commissioners' Office.)
STATE OF THE COUNTY EVENING VIDEO PRESENTATION
Sarah Sprecher, Assistant County Administrator, reminded citizens that a free evening
presentation of the State of the County video, followed by a question and answer period
with the Commissioners, would be held tonight at 6:00 p.m. at the Washington County
Free Library.
RECESS
The Commissioners recessed at 11:30 a.m. to attend a luncheon and tour of the
Washington County Museum of Fine Arts, 401 Museum Drive, Hagerstown.
February 4, 2014
Page 5
AFTERNOON SESSION
President Terry L. Baker called the afternoon session to order at 1:49 p.m. with the
following members present: Commissioners John F. Barr, Ruth Anne Callaham, Jeffrey A.
Cline, and William B. McKinley.
REOUEST TO DECLARE REAL PROPERTY AS SURPLUS PROPERTY —13534
SPRIGGS ROAD
Joe Kuhna, Real Property Administrator, requested permission to declare certain real
property located at 13534 Spriggs Road, Hagerstown, as surplus property, approve an
option agreement for its conveyance, and authorize advertising the County's intent to
convey. Mr. Kuhna indicated that the County purchased the property to accommodate road
construction and improvements to Maugans Avenue. The house on the property was razed
to make way for the needed right of way and road improvements. Habitat for Humanity
has requested to purchase the property for constructing a house. The recommended
consideration is 40% of the assessed value or $24,120.
Commissioner Barr, seconded by McKinley, moved to declare certain real property located
at 13534 Spriggs Road, Hagerstown, as surplus property, approve an option agreement for
its conveyance, and authorize advertising the County's intent to convey. The motion
passed unanimously.
REAL PROPERTY ACQUISITION —18502 BURNSIDE BRIDGE ROAD
Joe Kuhna and Scott Hobbs, Deputy Director, Engineering and Construction Management,
requested approval of an option agreement for real property acquisition at 18502 Burnside
Bridge Road, Sharpsburg, to perform bridge repairs and road widening in the area. Mr.
Kuhna described plans to repair and widen the bridge structure at Burnside Bridge Road,
which requires acquisition of property owned by Brent and Julie Stinar. Mr. Hobbs advised
that $8,275 is contained in the Capital Improvement Project budget for the acquisition. The
Commissioners discussed the matter.
Commissioner Barr, seconded by McKinley, moved to approve the option agreement for
real property acquisition at 18502 Burnside Bridge Road, Sharpsburg, for the purpose
stated, adoption of an ordinance approving said purchase, and authorization to execute the
necessary documentation to finalize the acquisition as presented. The motion passed
unanimously. (Ordinance No. ORD -2014-02 is located in the County Commissioners'
Office.)
RURAL LEGACY EASEMENT PROPOSAL - MULLENDORE
Eric Seifarth, Rural Preservation Administrator, and Chris Boggs, Land Preservation
Planner, Planning and Zoning, recommended approval of the Mullendore Rural Legacy
Program (RLP) Easement Project of $617,310. Mr. Seifarth advised that since 1998,
Washington County has been awarded over $15 million to purchase Rural Legacy Program
easements on nearly 5,000 acres near the Antietam Battlefield in the Rural Legacy Area
that are used to preserve farmland and open space containing significant agricultural,
environmental and cultural or historic features surrounding the Antietam Battlefield.
February 4, 2014
Page 6
Mr. Boggs described the 205.77 total easement acres consisting of two separate parcels
located in southern Washington County. He noted that RLP easement funds are 100%
state -paid.
Commissioner Cline, seconded by Callaham, moved to approve the Mullendore Rural
Legacy Program Easement Project of $617,310 as presented, adopt an ordinance approving
the purchase of the easement, and authorize the execution of all such documents as may be
required to effect the purchase. The motion passed unanimously. (Ordinance No. ORD -
2014 -03 is located in the County Commissioners' Office.)
LOCAL MANAGEMENT BOARD — REVISIONS TO BYLAWS
Stephanie Lapole, Grant Manager, Office of Community Grant Management, presented
proposed revisions to the bylaws for the Local Management Board (LMB) that address
inadequate attendance, breach of confidentiality, and inappropriate behavior by LMB
board officers. The LMB reviewed and approved the proposed revisions during its January
17, 2014 meeting.
Commissioner Barr, seconded by McKinley, moved to approve Revision #6 of the Bylaws
for the Local Management Board as drafted and presented. The motion passed
unanimously.
OFFICE OF COMMUNITY GRANT MANAGEMENT — REVISIONS TO TIP JAR
REGULATIONS
Director Jim Hovis presented proposed revisions to the Tip Jar Regulations (Revision 17)
of the Office of Community Grant Management. Mr. Hovis stated that the proposed
revisions codify the reporting requirements of tip jar wholesalers and require reports to be
submitted by County -compatible electronic methods. The Commissioners discussed the
proposal.
Commissioner McKinley, seconded by Barr, moved to approve the proposed revisions to
the Tip Jar Regulations (Revision 17) of the Office of Community Grant Management. The
motion passed unanimously.
COMMUNITY ORGANIZATION FUNDING COMMITTEE — FISCAL YEAR 2015
FUNDING RECOMMENDATIONS
Jim Hovis, Director, Community Grant Management, and April Dowler, Committee
member, Community Organization Funding Committee (COFC), presented the Fiscal Year
2015 funding recommendations. COFC members reviewed and evaluated forty funding
applications submitted to the County by thirty-one separate community-based, non-profit
organizations. The COFC used four priorities to develop recommendations for the
available funding allocation of $1,683,420: Arts and Culture, Domestic Violence, Families
and Children Programs, and Other. The Commissioners discussed the information
provided and thanked COFC members for their time spent developing the proposed list.
Greg Murray indicated that the recommendations presented today are subject to acceptance
or amendment by the Commissioners during the upcoming budgetary process.
�'J
February 4, 2014
Page 7
CONVENE IN CLOSED SESSION
Commissioner Cline seconded by Barr, moved to convene in closed session at 2:28 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 had 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.
In closed session, the Commissioners discussed the potential appointment of a specific
individual to a County authority over which the Commissioners have appointment
authority; and discussed the potential appointment of an individual to an open County
employee position.
During closed session, the Commissioners instructed staff to bring forth the potential
appointment to a County authority for further consideration and discussion during an open
session meeting; and provided direction to County staff regarding the potential
appointment of an individual to an open County employee position including bringing the
matter forth for further consideration and discussion during a future open session meeting.
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; and at various times, Jennifer
Smith, Director, Public Works; Stephanie Stone, Director, Health and Human Services;
and Ed Plank, Highway Director.
ADJOURNMENT
Commissioner Cline, seconded by Barr moved to adjourn at 2:58 p.m. The motion passed
unanimously.
The Commissioners and County staff attended an evening presentation of the State of the
County Address at 6:00 p.m. at the Washington County Free Library, 100 South Potomac
Street, Hagerstown.
Grego Y B. M rray, Courv Administrator
John M. Martirano, County Alt ley
Vicki C. Lumm, County Clerk