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HomeMy WebLinkAbout08.05.2014 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland August 5, 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 9:52 a.m. in the County Administration Building located at 100 West Washington Street, Room 227, Hagerstown, with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. APPROVAL OF MINUTES — JULY 22, 2014 Commissioner Barr, seconded by McKinley, moved to approve the minutes of July 22, 2014. The motion passed unanimously. SENATOR AMOSS FUNDING ALLOCATION — FISCAL YEAR 2014 Kevin Lewis, Director, Emergency Services, discussed the recommendation for distribution of the Senator William H. Amoss Fire, Rescue and Ambulance Fund subsidy allotted to counties by the State of Maryland for disbursement to fire and rescue companies. Mr. Lewis stated that the funds may be used toward capital expenses such as firefighting apparatus. A spending report is submitted to Mr. Lewis each year from companies receiving such funds. He indicated that the Fiscal Year 2014 allocation of $228,320 is proposed to be distributed as follows: $173,523.20 divided between the nineteen fire companies (including $54,796.80 divided between the six Hagerstown Fire Departments), and $54,796.80 divided between the six ambulance companies in the County. Commissioner Barr, seconded by McKinley, moved to distribute the Fiscal Year 2014 Senator William H. Amoss Fire, Rescue & Ambulance Fund subsidy of $228,320 as discussed and outlined in the attachment to the Agenda Report Form. The motion passed unanimously. WASHINGTON COUNTY GAMING COMMISSION - ANNUAL REPORT AND 2014 FUNDING ALLOCATION Jim Hovis, Director, Office of Community Grant Management, and Janice Cirincione, Gaming Commission Chair, introduced board members Greg Shank, Earl Baker, Doug Ford, Mark Jordan, and Linda Ebersole, in attendance for the announcement of the Gaming Commission (Commission) allocation awards. Many representatives of non -profits attended to thank the Commission and the Commissioners for the monetary awards. August 5, 2014 Page 2 Ms. Cirincione presented the Commission's annual report, announcing that $1,810,386.86 in gaming funds were collected in FY 2014, representing a 4.7% decrease from Fiscal Year 2013. She indicated that 106 funding applications totaling $1,955,483.38 were received from 92 charitable organizations serving Washington County. In compliance with State statute, 50% of the funds collected, or $905,193.43, was distributed in two installments to the Washington County Volunteer Fire and Rescue Association. The remaining $905,193.43 was made available to the Commission for distribution to 82 of the 92 charitable organizations applying for gaming funds. Mr. Hovis commented that approximately 15% of the decrease in available funds for distribution was attributable to the change in law that now allows tip jar operators to deduct the cost of County gaming stickers from their gross profit. The Commissioners recognized outgoing board member Greg Shank for his years of service and thanked all members for their volunteer work performed on behalf of Washington County citizens. CITIZENS PARTICIPATION Phil Physioc, 20241 Beaver Creek Road, Hagerstown, discussed his request for access across County property in the Mt. Aetna area. The Commissioners and staff reiterated the County's position that has been previously communicated to Mr. Physioc that this matter is closed and the Commissioners will no longer entertain any comments or further discussion relating to this issue. RENEWAL OF THE COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION PLAN, AND ANTI -DISPLACEMENT AND RELOCATION ASSISTANCE PLANS Susan Buchanan, Senior Grant Manager, Community Grant Management, requested renewal of the County's Community Development Block Grant (CDBG) Participation Plan and the Community Development Block Grant Residential Anti -Displacement and Relocation Assistance Plan. Ms. Buchanan indicated that the plans are required and must be in place when the County submits future applications for funding projects since the County is a recipient of CDBG funding. Current plans will expire on August 9, 2014 if not renewed. Ms. Buchanan briefly described the conditions that the County must abide by to participate in the CDBG Plan and the Residential Anti -Displacement and Relocation Assistance Plan. The Commissioners discussed the matter with Ms. Buchanan. Commissioner Barr, seconded by Callaham, moved to approve renewal of the County's Community Development Block Grant (CDBG) Participation Plan and the Community Development Block Grant Residential Anti -Displacement and Relocation Assistance Plan. The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner Cline thanked Gaming Commission members and non -profits in the community that provide important services to citizens. He commented on Maryland Comptroller Peter Franchot's recent visit to Washington County that included a tour of Funkstown Park. Mr. Cline attended the National Night Out in Williamsport and noted that August 5, 2014 Page 3 such events would be held this evening in Hagerstown, Hancock, Boonsboro, and Smithsburg. He presented a certificate to DOT Foods during its 201h anniversary celebration of operations in Williamsport. He attended a retirement party for Hagerstown Regional Airport employee Ed Rakowski. Commissioner Cline participated in a business outreach visit to Bikle Manufacturing in Smithsburg that has been family owned and operated since 1974. He attended a breakfast tour of the Ag Expo & Fair with fellow Commissioners and praised organizers and participants of the successful event. He also thanked the Farm Bureau for sponsoring a luncheon during Ag Expo. Commissioner Callaham commented on several Ag Expo & Fair events. She attended the Bikle Manufacturing business visit and discussed the positive outcomes of the Commissioners' business visits in the County the past three years. Ms. Callaham attended a quarter auction held by the citizens group working to restore fire service to the Fairplay area. Ms. Callaham encouraged all to visit the website downtownmovement.org, representing a group of young citizens interested in revitalizing downtown Hagerstown. Commissioner Barr commented on the information gained and assistance given to local businesses as a result of the Commissioners' outreach visits. He noted that the Maryland Association of Counties (MACo) summer conference would be held next week in Ocean City. Mr. Barr presented certificates on behalf of the Commissioners to two honorees during an award and scholarship event at the University System of Maryland -Hagerstown Campus. He attended the breakfast visit at the Ag Expo & Fair and thanked participants and organizers. He announced that the Commissioners had purchased the Grand Champion turkey at the market fair using their personal funds. Commissioner Barr thanked Hagerstown Regional Airport staff and Allegiant Air for sponsoring last week's "15 Years of Sunshine" event. He stated that Allegiant would be suspending flights from Hagerstown beginning next week until the first week in November. He attended the Washington County Agricultural Education Center picnic. Mr. Barr requested an update on acquiring the Agricultural Education facility and grounds from the State of Maryland. He reported attending a Hagerstown Regional Airport Advisory Commission meeting, the Bikle Manufacturing business visit, and the Fairplay citizens group's quarter auction. Commissioner McKinley congratulated recipients of gaming funds announced earlier in the meeting. He recognized municipalities for the local events they sponsor. He commented on the Commissioners' business visits and the need for skilled workers in the County to fill jobs, which aligns with one of the five top priorities of the Strategic Economic Development Plan. Mr. McKinley praised the Fairplay citizens group working to restore local fire services. He participated in a student interview project with third grader McKenna Iseminger. Commissioner Baker thanked the Town of Williamsport for hosting the recent Maryland Municipal League meeting. He attended the breakfast and tour of the Ag Expo & Fair with the Agricultural Advisory Board. He thanked Ag Expo & Fair board members and County staff that assisted during the event. Mr. Baker volunteered at the Clear Spring Fireman's carnival. August 5, 2014 Page 4 OTHER BUSINESS Countv Administrator County Administrator Greg Murray discussed a recent Maryland Department of the Environment evaluation of local communities that showed the County being on target with its projections and accomplishments regarding watershed implementation planning and environmental initiatives. He indicated that County staff would be presenting a session on its solar projects and renewable solid waste to energy project during the MACo conference. REPORTS FROM COUNTY STAFF Health and Human Services — Advertise to Fill Position Debra Peyton, Health Benefits Administrator, Health and Human Services, requested approval to advertise and fill a budgeted, full-time, Grade 14 Real Property Administrator position recently vacated in the Division of Engineering and Construction Management. Commissioner McKinley, seconded by Barr, moved to approve the request as presented. The motion passed unanimously. Budaet and Finance — Succession Plan Debra Murray, Budget and Finance Director, Division of Budget and Finance, requested approval to amend the succession plan in the Budget and Finance Division that encompasses the Budget and Finance Department, Purchasing Department, Office of Community Grant Management, and Central Services due to future planned retirements of key personnel. The plan would move Accountant Sarah Greaves into the renamed Assistant Deputy Director of Budget and Finance position at the same grade with expanded responsibilities. Assistant Director Kim Edlund would be made Deputy Director of Budget and Finance with an upgrade to Grade 18. The current position of Assistant Director of Budget and Finance -Capital would be eliminated and the Grants Analyst position would be moved to the Office of Community Grant Management. Ms. Murray advised that the bottom line budget would be reduced by $25,000 by implementing the proposed plan. She also referred to the planned implementation of a grant policy to establish an oversight department, consistent procedures, and one point of contact for departments and agencies handling grants. Commissioner McKinley suggested a change of job title for Ms. Murray to Chief Financial Officer to be consistent with current business terminology. There was a consensus among the Commissioners to approve the change of job title. Commissioner Callaham expressed concern with reorganization plans that may bypass the usual competitive personnel process. The Commissioners further discussed the proposals. Commissioner Barr, seconded by McKinley, moved to approve the revised succession plan, with changes, to move Sarah Greaves to the Assistant Deputy Director of Budget and Finance position; move Kim Edlund to the Deputy Director of Budget and Finance position with an upgrade to Grade 18; eliminate the current position of Assistant Director of Budget and Finance -Capital; approve a change in job title for Debra Murray to Chief August 5, 2014 Page 5 Financial Officer; advertise and fill the position of Accountant; and move the Grants Analyst position to the Office of Community Grant Management as discussed and presented. The motion passed unanimously. Enizineerina, and Construction Management — Aaricuitural Education Center Property Rob Slocum, Director, Engineering and Construction Management, reported that he spoke this morning to State of Maryland representatives who advised that the transfer of the Agricultural Education Center property to the County is proceeding and is now in the legal process. CONSTRUCTION BID AWARD — BEAVER CREEK ROAD, LOCUST GROVE ROAD, AND NEWCOMER ROAD CULVERT REPLACEMENTS Scott Hobbs, Deputy Director, Engineering and Construction Management, requested approval of a $131,000 budget transfer and award of the contract for the Beaver Creek Road, Locust Grove Road, and Newcomer Road Culvert Replacement Projects to the lowest responsive, responsible bidder, Huntzberry Brothers, Inc. of Smithsburg, Maryland for $842,233. Mr. Hobbs described the project that involves the replacement of three one - lane structures due to deterioration and poor conditions in the aftermath of flooding events. Construction is to be completed by August 2015. Mr. Hobbs indicated that a $131,000 budget transfer is requested to cover the total expenses of the project to provide a total budget of $883,364.23. The Commissioners discussed the budget transfer request. Commissioner Barr, seconded by McKinley, moved to award the contract for the Beaver Creek Road, Locust Grove Road, and Newcomer Road Culvert Replacement Projects to the lowest responsive, responsible bidder, Huntzberry Brothers, Inc. of Smithsburg, Maryland for $842,233 and to approve a $131,000 budget transfer as presented. The motion passed unanimously. DISCUSSION OF CONSTRUCTION BID AWARD — LINCOLNSHIRE ELEMENTARY SCHOOL SIDEWALK EXTENSION, SAFE ROUTES TO SCHOOL PROJECT Scott Hobbs recommended that the Commissioners reject the bid of Huntzberry Brothers, Inc. of Smithsburg, Maryland for the total amount of $697,610 and rebid the Lincolnshire Elementary School Sidewalk Extension, Safe Routes to School Project, at a later date. Mr. Hobbs indicated that one bid of $697,610 was received on Wednesday, June 25, 2014 from Huntzberry Brothers, Inc.; however, the bid was found not to be in order. The bid documents submitted were incomplete and did not acknowledge all of the Minority and Disadvantaged Business Enterprise (MBE/DBE) requirements on the project. The bid was also well above the engineer's estimate of $375,000.00. This sidewalk extension project in the Halfway area is entirely funded by the State of Maryland and meeting MBE/DBE requirements on the project are necessary to receive State Highway Administration concurrence in the award. Huntzberry Brothers, Inc. submitted a bid with no MBE/DBE participation and did not complete SHA Form E (Good Faith Efforts) included in the bid August 5, 2014 Page 6 documents. The project is recommended to be rebid this winter for construction to begin in the summer of 2015 so that the majority of work can be completed with school out of session. The Commissioners discussed the matter. Commissioner McKinley, seconded by Cline, moved to reject the bid of Huntzberry Brothers, Inc. of Smithsburg, Maryland for $697,610 and rebid the Lincolnshire Elementary School Sidewalk Extension, Safe Routes to School Project, at a later date. The motion passed unanimously. CONSTRUCTION BID AWARD — WASHINGTON COUNTY COURTHOUSE BOILER REPLACEMENT PROJECT Scott Hobbs recommended award of the contract for the Washington County Courthouse Boiler Replacement Project to the lowest responsive, responsible bidder, Musser Mechanical, Inc. of Mercersburg, Pennsylvania for $104,525. This amount includes a Base Bid of $93,300.00 plus the Alternate No. 1 amount of $11,225.00. Mr. Hobbs indicated that Alternate No. 1 provides for, if needed, temporary heat for the Washington County Courthouse facilities, if so directed by the County for a period of fourteen calendar days. The contract also allows for a cost per day ($957.85) for providing heat after the initial fourteen days. Mr. Hobbs described the project that will replace five existing boilers that are obsolete with two new boilers. Commissioner McKinley, seconded by Callaham, moved to award the contract for the Washington County Courthouse Boiler Replacement Project to the lowest responsive, responsible bidder, Musser Mechanical, Inc., of Mercersburg, Pennsylvania for $104,525.00 as presented. The motion passed unanimously. RECESS The Commissioners recessed at 11:44 p.m. AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:17 p.m. with the following members present: Commissioners John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. CONVENE IN CLOSED SESSION Commissioner McKinley, seconded by Callaham, moved to convene in closed session at 1:17 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 matters that affect one or more specific individuals; to consider matters that concern the proposals for a businesses or industrial organizations to locate, expand, or remain in the State; and to consult with counsel to obtain legal advice on a legal matter, in accordance with Section 10-508(a) (1), (4) and (7) of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. August 5, 2014 Page 7 In closed session, the Commissioners discussed the potential appointment of specific individuals to an authority and to an advisory committee; discussed a specific personnel matter concerning a member of an appointed committee; and considered a proposal from a business entity wanting to locate in the County. During closed session, the Commissioners instructed staff to bring forth the potential appointments to an authority and to an advisory committee over which the Commissioners have appointment authority for further consideration and discussion during a future open session meeting; directed staff to take specific action regarding a certain personnel issue; requested that staff seek additional information from other interested parties concerning the potential location of a new business in the County; and generally discussed the possibility of several new businesses locating in the County. 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 Martirano, County Attorney; and at various times, Leslie Hart, Agricultural Marketing Specialist, Business Development; Andrew Sargent, Downtown Manager, City of Hagerstown; and a representative of a business entity who discussed the company's business proposal. RECONVENE IN OPEN SESSION Commissioner Callaham, seconded by Barr, moved to reconvene in open session at 2:37 p.m. The motion passed unanimously. PUBLIC HEARING — SOLID WASTE MANAGEMENT AND RECYCLING PLAN AMENDMENT President Baker convened a Public Hearing at 2:40 p.m. to obtain public comment on proposed amendments to the Solid Waste Management and Recycling Plan. Stephen Goodrich, Director, Planning and Zoning, discussed the amendments requested by the Maryland Department of the Environment that include 1) multiple references to the Recycling Rate and Waste Diversion — Statewide Goals Act (2012) that changes the mandated recycling goal from 20% to 35% when a County population exceeds 150,000; 2) move the discussion of the Rubble Landfill from the section titled "Closed County Facilities" to "County Owned and Operated Facilities"; 3) update the 2011's recycling rate of 46.81 % to 2012's rate of 55.11 %; and 4) move the Public School recycling Program from Chapter 5 to Chapter 3. Counties and municipalities are required by State law to have a Solid Waste Management and Recycling Plan (SWMRP) as a documentation of current practices and a discussion of general plans for the future. Julie Pippel, Director, Environmental Management, provided information on the County's recycling rates. The hearing was opened for public comment. No one was present who wished to comment. The Commissioners had no comments. The Public Hearing was closed at 2:49 p.m. August 5, 2014 Page 8 Commissioner McKinley, seconded by Barr, moved to approve the proposed amendments to the Solid Waste Management and Recycling Plan and the submission of same to the Maryland Department of the Environment. The motion passed unanimously. PUBLIC HEARING — APPLICATION FOR MAP AMENDMENT (RZ-14-001) President Baker convened a Public Hearing at 3:01 p.m. to obtain public comment on the application for Map Amendment (RZ-14-001) to the Washington County Zoning Ordinance from Applicant Edward C. Wurmb, IV (Cumberland Valley Veterinary Clinic Real Estate, LLC.) Commissioner Baker reviewed procedures for the Public Hearing and County Clerk Vicki Lumm administered the oath to those who planned to give testimony in the matter. Jill Baker, Chief Planner, Planning and Zoning, presented the Staff Report dated April 7, 2014 for RZ-14-001 on behalf of the Washington County Department of Planning and Zoning. The subject parcels are located east of the intersection of Halfway Boulevard and Virginia Avenue consisting of approximately 5.69 acres that are requested to be rezoned from RU -Residential, Urban, to BG—Business General. The Applicant has suggested that a mistake was made in the zoning of the property in 2012. Ms. Baker advised of comments made during a public rezoning informational meeting held April 21, 2014. William C. Wantz, attorney for the Applicant, 123 West Washington Street, Hagerstown, presented the Applicant's case for map amendment to accommodate an expansion of the Cumberland Valley Veterinary Clinic. He referenced documents already submitted in the record. Applicant Edward C. Wurmb, IV, 17227 Spielman Road, Fairplay, provided testimony in favor of the map amendment request. The hearing was opened for public comment. Larry Michaels, 17753 Virginia Avenue, Hagerstown, testified against the map amendment due to his complaint of barking dogs, but indicated that he had no objection to the BG zoning change request. Mr. Wantz presented rebuttal on behalf of the Applicant and discussed plans to resolve the barking problems. The Commissioners discussed with Mr. Wurmb and Mr. Wantz how the barking problem would be resolved. Mr. Michaels commented that if the kennels were moved to the back of the building it might be resolved. The Commissioners also discussed conditions that may be placed on the map amendment request if approved. Deputy County Attorney Kirk C. Downey advised that conditions are best addressed during the Board of Zoning Appeals process. The Public Hearing was closed at 3:41 p.m. The Commissioners discussed the requested change in zoning with Jill Baker. August 5, 2014 Page 9 It was the consensus of the Commissioners to further discuss the matter during a future open session meeting. OTHER BUSINESS (cont.) Countv Clerk – Appointments to Boards/Commissions Housing Authority of Washington County Commissioner McKinley, seconded by Callaham, moved to appoint Nicholas Hill, Sr. and David Pool to first, full five-year terms on the Housing Authority of Washington County through August 30, 2019. The motion passed unanimously. Agricultural MarketinLy Advisory Committee Commissioner Barr, seconded by McKinley, moved to appoint James Matheny to the Agricultural Marketing Advisory Committee to a first, three-year term through July 31, 2017. The motion passed unanimously. ADJOURNMENT Commissioner Cline, seconded by Callaham moved to adjourn at 3:52 p.m. The motion passed unanimously. —46 Gregory B. urray, Cou ty Administrator John M. Martirano, County At ney Vicki C. Lumm, County Clerk