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HomeMy WebLinkAbout07.01.2014 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland July 1, 2014 CALL TO ORDER President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 12:08 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 Jeffrey A. Cline and William B. McKinley. Commissioner Ruth Anne Callaham was absent. DEPARTMENT OF BUSINESS DEVELOPMENT - AGRICULTURAL MARKETING REPORT Leslie Hart, Agricultural Specialist, Department of Business Development, and Steve Ernst, outgoing President of the Agricultural Marketing Advisory Committee, presented a year-end report of the Committee. Ms. Hart introduced board members Kevin Ford, Dan Norris, Tom Riford, Janet Stiles Fulton, David Herbst, and Katie Long. The report showed that there are approximately 860 farms in Washington County; 159 equine, 23 with orchards or berry operations, 143 dairy operations, with 72% of the County's farmland planted in crops. Ms. Hart indicated that 62% of farms have internet access. Washington County produces approximately $83 million annually and thirty local producers sell to local and regional markets including Washington County Public Schools. Steve Ernst reported participating in several in-service training sessions with County science teachers who visited local farms. The Commissioners presented a certificate of appreciation to Mr. Ernst in recognition of his years of service. RECESS The Commissioners recessed at 12:30 p.m. to attend a luncheon in Room 255 with members of the Agricultural Marketing Advisory Committee. The luncheon featured locally produced meat and dairy products sponsored by David Herbst of Misty Meadows Farms, recently named 2014 Farm of the Year. 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 Jeffrey A. Cline and William B. McKinley. Commissioner Ruth Anne Callaham was absent. CONTRACT AWARD — CITY/COUNTY LEACHATE UPGRADES Rick Curry, Buyer, Purchasing, and Dave Mason, Deputy Director, Environmental Management, recommended award of the City/County Leachate Upgrades Project (PUR-1238) for the Solid Waste Department to the responsive, responsible bidder, Kinsley Construction, Inc. of Timonium, Maryland, that submitted the lowest total sum bid of $2,499,500 (for Items Nos. 1 through 5 plus contingent Items C1 through C7). The work to be performed by the contractor generally includes labor, materials, equipment, placement of a 3" leachate line and two leachate tanks with pump station at the former City/County July 1, 2014 Page 2 landfill off Maryland Route 63 that is no longer in use. Approval of a budget transfer totaling $1,567,000 from various line items is necessary to accomplish the project. The Commissioners discussed the project with Mr. Mason and Julie Pippel, Director, Division of Environmental Management. Commissioner Barr, seconded by McKinley, moved to award the City/County Leachate Upgrades Project for the Solid Waste Department to the responsive, responsible bidder, Kinsley Construction, Inc. of Timonium, Maryland, the lowest total sum bid of $2,499,500 and to approve a $1,567,000 budget transfer from various line items, as presented. The motion passed unanimously. (4-0, Commissioner Callaham was absent.) BUDGET TRANSFER — ROBINWOOD DRIVE CORRIDOR Rob Slocum, Director, Engineering and Construction Management, presented a request for a $510,000 budget transfer from the Stormwater Retrofits budget to the Robinwood Drive Corridor budget to fund the installation of several stormwater retrofits along Robinwood Drive. Mr. Slocum discussed project developments that necessitate the transfer request. The County has implemented a Watershed Implementation Plan in accordance with the State's Total Maximum Daily Loads (TMDLs) program. Both programs address the federal Clean Water Act. Mr. Slocum advised that new and existing impervious areas, including roadways, are subject to TMDL reduction requirements. This is a budgeted CIP project with an unencumbered balance of $904,909. The Commissioners discussed the matter. Commissioner Barr, seconded by McKinley, moved to approve the budget transfer of $510,000 from the Stormwater Retrofits budget to the Robinwood Drive Corridor budget to fund water quality improvements constructed on the project. The motion passed unanimously. (4-0, Commissioner Callaham was absent.) RIGHT OF WAY ACQUISITION —11150 ROBINWOOD DRIVE Joe Kuhna, Real Property Administrator, requested approval of an option agreement for a fee simple acquisition at 11150 Robinwood Drive for $550. He indicated that several properties along Robinwood Drive would require partial acquisition to allow for future widening and improvements in the area. Commissioner McKinley, seconded by Barr, moved to approve the acquisition of right of way at 11150 Robinwood Drive for $550 as presented, 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 Callaham was absent.) (Ordinance No. ORD -2014-10 is located in the County Commissioners' Office.) REAL PROPERTY ACOUISITION — 22614 GARDENHOUR ROAD Joe Kuhna requested approval of an option agreement for real property acquisition at 22614 Gardenhour Road for $5,617. He advised that the acquisition is necessary to accomplish bridge replacement and improvements at Newcomer/Gardenhour Roads. July 1, 2014 Page 3 Commissioner Barr, seconded by Cline, moved to approve an option agreement for real property acquisition at 22614 Gardenhour Road for $5,617, 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 Callaham was absent.) (Ordinance No. ORD -2014-11 is located in the County Commissioners' Office.) INTERGOVERNMENTAL COOPERATIVE PURCHASE OF DELL COMPUTER WORKSTATIONS AND SERVERS Karen Luther, Purchasing Agent, and Mike Loudenslager, Tech Support Analyst, Information Systems (IS), requested authorization by resolution of an Intergovernmental Cooperative Purchase of thirteen Dell computer workstations for $48,714.77 and three servers for $96,238.71 from Dell Computer/Marketing Corp. USA LP, of Round Rock, Texas via a Western States Contracting Alliance (WSCA) contract for a total of $144,953.48. The new computer workstations and servers are for the new backup 9-1-1 Emergency Center, to be located at 120-128 West Washington Street. Acquisition of the workstations and servers utilizing the WSCA contract eliminates the need for the County's bid process and results in administrative efficiencies and cost savings for the IS and Purchasing Department. The Commissioners discussed the request. Commissioner Barr, seconded by Cline, moved to authorize by Resolution, the Intergovernmental Cooperative Purchase of thirteen Dell computer workstations for $48,714.77 and three servers for $96,238.71 from Dell Computer/Marketing Corp. USA LP, of Round Rock, Texas via a Western States Contracting Alliance (WSCA) contract #1327160 for a total of $144,953.48 as presented. The motion passed unanimously. (Resolution No. RS -2014-13 is located in the County Commissioners' Office.) (4-0, Commissioner Callaham was absent.) CONTRACT AWARD — TELECOMMUNICATIONS MAINTENANCE SERVICES Karen Luther, Purchasing Agent, and Ron Whitt, Director, Information Systems, recommended award of the contract for Telecommunications Maintenance Services (PUR-1204) to the responsive, responsible proposer, Delta Telephone & Cabling, Inc. of Crofton, Maryland, with the next lowest Total (Annual) Sum Fee of $39,398.40, contingent upon the approval of the final agreement by staff and the County Attorney's Office. Ms. Luther described the previous contract with Heavy Water, LTD that included an option by the County to renew for up to four, additional consecutive one-year periods. However, the County recently learned that Heavy Water, LTD had been sold. Because the County did not receive a written request from the company to renew the contract for another year, as required under the terms of the contract, the County decided not to renew. The recommendation is to accept the third lowest bidder due to the incorrect bid submitted by the second lowest bidder. Commissioner Barr, seconded by McKinley, moved to award the contract for Telecommunications Maintenance Services to the responsive, responsible proposer, Delta Telephone & Cabling, Inc. of Crofton, Maryland, with the next lowest Total (Annual) Sum July 1, 2014 Page 4 Fee of $39,398.40, contingent upon the approval of the final agreement by staff and the County Attorney's Office as presented. The motion passed unanimously. (4-0, Commissioner Callaham was absent.) BUDGET ADJUSTMENT REOUEST Jill Baker, Chief Planner, Planning and Zoning, and Matthew Mullenax, Director, Hagerstown/Eastern Panhandle Metropolitan Planning Organization (HEPMPO), requested approval of a budget transfer of $858, representing a 10% local match amount to cover a local budget increase to cover the federal funding to be received. Ms. Baker indicated that each year the Federal Highway Administration and Federal Transit Authority provides funding to all fifty states for conducting planning activities for transportation related issues. The respective states filter money to regional authorities known as Metropolitan Planning Organizations (MPOs) to carry out planning activities in accordance with federal regulations. Washington County acts as the cognizant agency for HEPMPO. Funds are provided for planning related activities at an 80% federal, 10% State, 10% local cost sharing ratio for both Maryland and West Virginia. Since adoption of the HEPMPO budget, additional federal grant money has become available in both Maryland and West Virginia. The budget transfer shows a total increase of $78,538. The majority of new revenue will be from federal and State grants as well as local match funds from the State of West Virginia. There was a minor increase of $6,864 in Maryland grant funding that will require a local match of $858. Washington County's current general fund match for Fund 29 in FY 2014 is $8,360. An increase of $858 would bring the total general fund local match to $9,218. The Commissioners briefly discussed the matter. Commissioner Barr, seconded by McKinley, moved to approve a budget transfer of $858 to bring the total general fund local match to $9,218 as presented. The motion passed unanimously. (4-0, Commissioner Callaham was absent.) CONVENE IN CLOSED SESSION Commissioner Cline, seconded by Barr, moved to convene in closed session at 2:14 p.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; or any other personnel matter that affects one or more specific individuals; to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; to consult with counsel to obtain legal advice on a legal matter; and to consult with staff, consultants, or other individuals about pending or potential litigation; in accordance with Section 10- 508 (1), (4), (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 reappointment of a specific individual to a County appointed authority; discussed the potential reappointment of a specific individual to a County appointed commission; discussed with Counsel and staff various aspects and issues relating to proposals by several business entities to locate, July 1, 2014 Page 5 expand or maintain their operations in the County/State; discussed with Counsel and staff legal issues relating to potential litigation; discussed with Counsel a potential legal liability issue; and discussed a specific personnel/employee matter with Counsel and staff. During closed session, the Commissioners instructed staff to bring forth the potential reappointments to a commission and an authority over which the Commissioners have appointment authority for further consideration and discussion during a future open session meeting; directed staff to request additional information from a business entity relating to its proposal to expand its business opportunities in the County; provided direction to staff and Counsel relating to a personnel/employee matter; instructed staff and Counsel to move forward with the incentive process relating to a business entity's plan to expand its operations in the County; and provided direction to Counsel and staff as to various issues relating to potential litigation. Present during closed session were Commissioners Terry L. Baker, John F. Barr, 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, Stephen Goodrich, Director, Planning and Zoning; Kirk C. Downey, Deputy County Attorney; Kendall Desaulniers, Assistant County Attorney; Debra Murray, Finance Director; and Bob Mandley, Business Development Specialist, Department of Business Development. RECONVENE IN OPEN SESSION Commissioner Cline, seconded by McKinley, moved to reconvene in open session at 3:43 p.m. The motion passed unanimously. RECESS The Commissioners recessed at 3:43 p.m. EVENING MEETING — TOWN OF BOONSBORO The evening session of the regular meeting of Board of County Commissioners of Washington County was held at the Eugene C. Smith Community Center, 37 Park Drive, Boonsboro. 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 evening session of the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 7:08 p.m. with the following members present: Vice President John F. Barr and Commissioners Jeffrey A. Cline and William B. McKinley. Commissioner Ruth Anne Callaham was absent. July 1, 2014 Page 6 APPROVAL OF MINUTES — JUNE 17, 2014 Commissioner Barr, seconded by McKinley, moved to approve the minutes of June 17, 2014. The motion passed unanimously. (4-0, Commissioner Callaham was absent.) COMMISSIONERS' REPORTS AND COMMENTS Commissioner Cline commented that he participated in the recent Veterans Day Parade sponsored by the Town accompanied by his father and Vicki Lumm's father, both veterans of World War II. Commissioner Barr reported attending graduation ceremonies for trade students of the Barr Academy. Commissioner McKinley enjoyed participating in the Town's Veterans Day Parade with his grandson and Commissioner Barr. Commissioner Baker, and all Commissioners, commented on Coach Dwight Scott and the recent passing of his wife. Mr. Baker attended the appearance of comedian Bill Cosby at the Maryland Theatre. He thanked the Town for the warm welcome. MAYOR AND COUNCIL COMMENTS Assistant Mayor Howard Long welcomed the Commissioners on behalf of Mayor Charles F. "Skip" Kauffman and Council member Cynthia Kauffman who could not attend the meeting. Town Manager Megan Clark discussed several accomplishments of the Town including its designation as a Maryland Smart Energy Community and receiving the Tawes Environmental Award for sponsoring a Boonsboro Environmental Commission. She advised that the Town hosts a monthly economic development meeting. Ms. Clark thanked the Commissioners for supporting its grant application to the Appalachian Regional Commission. She commented on the need for a new school site in Boonsboro. Council member Barbara Wetzel requested information on the County's waste to energy project at the Forty West Landfill and its relation to recycling efforts. County Administrator Greg Murray discussed the project that will take in all refuge, including recyclables, to fuel the project. Ms. Wetzel thanked the Commissioners for assistance with several projects in the Town. Council member Janeen Solberg, liaison for the Boonsboro Economic Development Commission, commented on Boonsboro's economic development efforts including promoting the "Shop Local" movement. The Town is trying to fill empty storefronts and would like to attract a hardware store. CITIZENS' PARTICIPATION Nicki Woodhams, Rohrersville, commented on the Big Cork Winery being constructed in Rohrersville and text/zoning amendments regarding farm wineries. July 1, 2014 Page 7 OTHER BUSINESS County Clerk — Appointments to Boards and Commissions Washington County Planning Commission Commissioner Barr, seconded by McKinley, moved to appoint David Kline to the Washington County Planning Commission to serve a first full, five-year term through June 30, 2019. The motion passed unanimously. (4-0, Commissioner Callaham was absent.) Local Management Board Commissioner McKinley, seconded by Barr, moved to reappoint R. Lynn Rushing to the Local Management Board as a community representative to a second, three-year term through June 30, 2017. The motion passed unanimously. (4-0, Commissioner Callaham was absent.) Washington Countv Historic District Commission Commissioner Barr, seconded by Cline, moved to retroactively reappoint Christine Toms to the Washington County Historic District Commission to a second, three-year term from April 1, 2014 through March 31, 2017; and appoint Edith Wallace to a first, three-year term through June 30, 2017. The motion passed unanimously. (4-0, Commissioner Callaham was absent.) Washington Countv Mental Health Authority Commissioner Cline, seconded by Barr, moved to appoint Sandra Rogers as a consumer representative to the Washington County Mental Health Authority, Inc. to serve a first, full three-year term through June 30, 2017. The motion passed unanimously. (4-0, Commissioner Callaham was absent.) Countv Administrator County Administrator Greg Murray thanked the Town for hosting the meeting and congratulated Megan Clark on being appointed Town Manager. He discussed the County's waste to energy project and welcomed involvement from interested citizens. He mentioned the school site selection process that includes Boonsboro and Sharpsburg school areas. Justin Hartings, Board of Education President, and Donna Brightman, board member, attended the meeting and discussed the process of choosing school sites and a developer's offer of land in Boonsboro as part of a mitigation plan. REPORTS FROM COUNTY STAFF Hagerstown Regional Airport Airport Director Phil Ridenour announced the upcoming retirement of Ed Rakowski, Operations Manager at the Hagerstown Regional Airport, and requested permission to advertise and hire for the budgeted, full-time Grade 13 position. Commissioner Cline, seconded by McKinley, moved to approve advertising and filling the position as presented. The motion passed unanimously. (4-0, Commissioner Callaham was absent.) July 1, 2014 Page 8 Envineerina and Construction Manaizement Rob Slocum, Director, Engineering and Construction Management, reported on a meeting today in town of Clear Spring regarding the recent flood damage estimates and the federal assistance process. He advised that local infrastructure had incurred approximately $1.4 million in damages; however, that estimate may be modest, and private property damages would surpass that amount. Further reports will be given the Commissioners in the coming weeks. Mr. Slocum indicated that the Yale Drive Project should be advertised tomorrow and the final agreement for the connection between Meritus and Eastern Boulevard is being finalized. Commissioner Barr commented on the continued pressure being placed on the State by the Maryland Association of Counties for the return of highway user revenue. County Administrator Greg Murray discussed the $361,000 in funding for pothole repairs offered by the State to Washington County and requested a motion for its formal acceptance. Commissioner McKinley, seconded by Barr, moved to accept $361,000 in funding from the State of Maryland for pothole repairs to Washington County. The motion passed unanimously. (4-0, Commissioner Callaham was absent.) Budget and Finance Debra Murray, Finance Director, discussed the new policy approved in the fall for volunteer fire and rescue company reporting and provided each Commissioner a copy of the "Emergency Services Annual Financial Update 2013." She briefly summarized the information contained in the report that shows an analysis from each fire and rescue company regarding expenses, revenue, total fundraising, and how much government support it receives. The Commissioners complimented Ms. Murray and staff for the compilation that provides comparison numbers and a high level of accountability. ADJOURNMENT Commissioner Barr, seconded by McKinley, moved to adjourn at 8:13 p.m. The motion passed unanimously. Gregory B. urray, Co ty Administrator \ K r/�- �-- fohn M. Martirano, County Attorn Vicki C. Lumm, County Clerk