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
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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.
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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
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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
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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
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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
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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
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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