HomeMy WebLinkAbout06.27.2017 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
June 27, 2017
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 10:00 a.m. at 100 West Washington Street,
Room 1113, with the following members present: Vice President Jeffrey A. Cline and
Commissioners John F. Barr, Wayne K. Keefer and LeRoy E. Myers, Jr.
APPROVAL OF MINUTES — JUNE 13, 2017
Commissioner Keefer, seconded by Commissioner Myers, moved to approve the minutes of
June 13, 2017. The motion passed unanimously (5-0).
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Barr reported his attendance at the Tri -County Council annual business
meeting in Garrett County, Maryland. He also attended Governor Hogan's picnic in
Annapolis on Saturday afternoon; Lt. Governor Rutherford also attended. Commissioner
Barr reported that on Sunday evening he attended the opening ceremonies of the Maryland
Municipal League in Ocean City, Maryland. Also in attendance at the MML meeting was
Mayor Spielman (Sharpsburg), Mayor Crampton (Funkstown), and numerous municipality
staff members. Commissioner Barr reported that he attended the Mayor's luncheon for the
Miss Maryland pageant. He also attended the two day MACO spring retreat in Towson
(Baltimore County), as he is still actively involved with the association.
Commissioner Baker reported that he attended the Mayor's luncheon for the Miss Maryland
pageant. Commissioner Baker thanked County staff for quickly responding to citizens on
various issues and concerns that were reported to him.
REPORTS FROM COUNTY STAFF
Kirk C. Downey, Deputy County Attorney, reminded Commissioners that the County's
Floodplain Management Ordinance was recently adopted. Local municipalities are expected
to adopt this Ordinance, with administration and enforcement to be provided by the County.
To effectuate this, the municipalities will execute joint resolutions with the County
acknowledging the County's administration and enforcement of the Ordinance. He asked the
Commissioners to approve the resolutions and authorize President Baker to execute them on
behalf of the Board of County Commissioners.
Commissioner Barr, seconded by Commissioner Myers, moved to approve the execution of
the Resolutions as presented. The motion passed unanimously (5-0).
Department of Business Development
Sarah Sprecher, Assistant County Administrator, and Kassie Lewis, Director, Department
of Business Development, discussed the joint meeting of the Economic Development
Commission (EDC) and the Board of County Commissioners held last month. Priorities,
expectations, and ways to measure the success of Economic Development in the County
were discussed. A survey was completed and results indicate the top three priorities are
business retention and expansion, marketing and attraction, and workforce development.
Also discussed was a proposal for joint meetings to be held on a quarterly basis to review
updated information. A different agenda format will be used in these future meetings. Work
groups will be formed to discuss state business development, incentives and legislation, the
urban improvement project, the Mt. Aetna Farms development project, economic
development week and celebration of business event planning, Gigabit City marketing,
workforce development, employer case studies, and the like.
Ms. Lewis reported that the Maryland Paper Company is proposing an expansion of its
facility and will be taking advantage of The New Job Creation and Capital Investment
Property Tax Credit Program. The proposed expansion and the creation of new jobs will
entitle the company to a six (6) year property tax credit. The company is expected to qualify
for a thirty -percent (30%) credit during years one (1) and two (2), a twenty -percent (20%)
credit during years three (3) and four (4) and a ten -percent (10%) credit during years five (5)
and six (6). Maryland Paper Company will be constructing a thirty-five thousand (35,000)
square foot addition and will be adding fifty (50) new employees.
Robert Slocum, County Administrator, reported that Washington County and the City of
Hagerstown competed with the City of San Diego for a bicycle race to be held in 2018 and
2019. There would be approximately eight -hundred (800) participants. USA Cycling
representatives recently attended a bicycle race held in Hagerstown to observe the event and
to choose three (3) routes they would like to use.
Mr. Slocum reported on a recent presentation given for an out-of-town employer and
business owner considering relocating to Washington County. Commissioners Baker and
Cline attended the presentation. Positive feedback was received from the business owner.
Mr. Slocum also reported that a public open house was held last week regarding the I-70/MD
65 interchange. A letter was circulated to the County Commissioners in support of an
alternative option to keep the existing loop ramp to allow for the free flow of traffic into the
City of Hagerstown rather than creating a conflicting movement.
CITIZENS' PARTICIPATION
No citizens attending the meeting wished to present remarks.
SOLE SOURCE PROCUREMENT AWARD (PUR-1357) FOR WESTERN
MARYLAND CONSORTIUM DISCONNECTED YOUTH SERVICES IN
WASHINGTON COUNTY, MARYLAND
Stephanie Lapole, Grant Manager, Office of Community Grant Management, presented a
request to approve a sole source procurement to the Western Maryland Consortium in the
amount of $52,687 for enhancements to existing programming offered to disconnected
youth, contingent upon approval of the funding award from the Maryland Governor's Office
for Children, and as approved by the Washington County Local Management Board at its
meeting on Friday, January 20, 2017. No County funds are requested.
The purpose of the service to be provided is to fulfill the requirements contained in a
Community Partnership Agreement between the Board of County Commissioners and the
State of Maryland acting through the Sub -Cabinet for Children, Youth and Families, which
in turn is acting through the Washington County Office of Community Grant Management
(OCGM). The contract is for a one (1) year period commencing July 1, 2017 and ending on
June 30, 2018.
The OCGM wishes to apply Section 1-I06.2(a)(1) to the Code of the Public Local Laws of
Washington County, Maryland to the procurement requested. This section states that sole
source procurements are authorized and permissible when: (1) only one source exists that
meets the County's requirements. This request requires the approval of four (4) out of the
five (5) Commissioners in order to proceed with a sole source procurement. If approved, the
following remaining steps of the process will occur as outlined by the law: 1) not more than
ten (10) days after the execution and approval of a contract under this section, the
procurement agency shall publish a notice of award in a newspaper of general circulation in
the County; and 2) an appropriate record of the sole source procurement shall be maintained
as required.
Commissioner Barr, seconded by Commissioner Keefer, moved to approve a sole source
procurement to the Western Maryland Consortium in the amount of $52,687 as presented.
The motion passed unanimously (5-0).
NEXT GENERATION FARMLAND ACQUISITION PROGRAM
Eric Seifarth, Rural Preservation Administrator, and Chris Boggs, Land Preservation
Planner, Washington County Department of Planning & Zoning, presented a request to
approve Washington County's participation in the Next Generation Farmland Acquisition
Program (NGFAP).
The NGFAP was authorized by the Maryland General Assembly to enable the Maryland
Agricultural and Resource -Based Industry Development Corporation (MARBIDCO) to
provide financial assistance to qualified young and beginning farmers to acquire their first
farm. The NGFAP is designed to help facilitate the transfer of farmland to a new generation
of farmers, while also effectively helping to preserve the subject agricultural land from future
development and promote a sustainable rural economy.
If any Washington County applicants are selected, MARBIDCO will fund 51% of the Fair
Market Value of the Landowner's purchase of the farm (or a maximum of $500,000).
MARBIDCO will also pay for the property appraisal associated with the program; the
landowner may be responsible for administrative costs such as title work and closing costs,
if a conservation easement is settled.
Mr. Boggs reported that MALPF (Maryland Agricultural Land Preservation Foundation)
will be the easement holder. There will be a ranking system for the Program: 1) property
must meet requirements that make it eligible to be a MALPP easement; 2) property must be
a working farm with cropland; 3) applicant must be a beginning farmer with limited access
to farmland; 4) applicant must provide documentation showing difficulty in obtaining
funding for start-up costs; and 5) a farm business plan must be provided.
Commissioner Barr, seconded by Commissioner Keefer, moved to approve Washington
County's participation in the Next Generation Farmland Acquisition Program (NGFAP) as
presented. The motion passed 4-0. Commissioner Myers left the meeting at 11:00 a.m., and
returned at 11:02, and was not present for the vote.
CONTRACT AWARD PUR-1346 TREATMENT FOR SUBSTANCE USE
DISORDERS AT THE WASHINGTON COUNTY SHERIFF'S OFFICE DAY
REPORTING CENTER
Rick Curry, CPPD, Buyer, Purchasing Department, and Sheriff Doug Mullendore,
Washington County Sheriffs Office, presented a request to award the contract for the
Treatment for Substance Use Disorders at the Washington County Sheriffs Office Day
Reporting Center (DRC) in Washington County, Maryland, to the responsible proposer,
Serenity Treatment Center Inc. of Hagerstown, Maryland, in the amount of $92,230.00.
Funds are available from the Governor's Office of Crime Control and Prevention in the
amount of $92,500.
The contract is for an initial term tentatively to commence July 1, 2017 and end June 30,
2018, with an option by the OCGM) to renew the awarded contract for up to one (1)
additional year through fiscal year 2019. Renewal of the agreement is at the discretion of the
Washington County Sheriffs Office and is contingent upon: 1) the continual award of funds
from the Governor's Office of Crime Control and Prevention; 2) the performance of the
Contractor; and 3) the goals/outcomes desired by the GOCCP and the Washington County
Sheriff s Office.
Commissioner Myers, seconded by Commissioner Barr, moved to award the contract for the
Treatment for Substance Use Disorders at the Washington County Sheriffs Office Day
Reporting Center to Serenity Treatment Center, Inc. in the amount of $92,230.00, as
presented. The motion passed unanimously (5-0).
APPROVAL OF AN OFFER ON 12408 LEARNING LANE FORMER
CONOCOCHEAGUE ELEMENTARY SCHOOL)
Susan Small, Real Property Administrator, Engineering Department, presented for approval
the terms of sale for the property located at 12408 Learning Lane (the former
Conococheague Elementary School) and to execute the necessary documentation for an
agreement of sale.
The proposed offer includes the following: $500,000 purchase price; 100% buyer paid
closing costs (to include all fees and commissions); 90 -day feasibility period; approval of
the Board of Public Works contingency provision; kickout clause if a better offer is presented
by a third party; and $5,000 deposit to be held in seller's agent's escrow account.
Commissioner Myers, seconded by Commissioner Keefer, moved to approve the offer on
12408 Learning Lane (former Conococheague Elementary School) as presented and
authorized the execution of an agreement of sale and related steps necessary to consummate
the transaction.. The motion passed unanimously (5-0).
PUBLIC HEARING — PROPOSED ENACTMENT OF AN ORDINANCE
ESTABLISHING SCHOOL ZONES AND AUTHORIZING THE USE OF SPEED
MONITORING SYSTEMS IN WASHINGTON COUNTY, MARYLAND
President Baker convened a Public Hearing at 10:45 a.m. to obtain public comment on the
Proposed Enactment of an Ordinance entitled "An Ordinance Establishing School Zones and
Authorizing the Use of Speed Monitoring Systems in Washington County, Maryland" (the
"Ordinance").
Sheriff Mullendore presented the Ordinance, the purpose of which is to establish school
zones within Washington County and to authorize the use of speed monitoring systems in
established school zones pursuant to Maryland Code, Transportation Article, §§21-803.1
and 21-809. Implementation will require two new positions with the Sheriff's Office to run
and administer the program; however, these positions will be funded through the revenue
generated by the program. The Ordinance would allow civil citations to be issued in the
amount of $40.00 for anyone traveling twelve (12) miles per hour or more over the speed
limit within school zones established within 1,000 feet of the perimeter of a defined school.
The speed monitoring system would be operated Monday through Friday only, from 6:00
a.m. to 8:00 p.m., per Maryland law. Citations may be contested.
No public comment was received.
The public hearing was closed at 10:50 a.m.
Commissioner Keefer, seconded by Commissioner Barr, moved to approve "An Ordinance
Establishing School Zones and Authorizing the Use of Speed Monitoring Systems in
Washington County, Maryland" as presented. The motion passed 3-2 with Commissioners
Barr, Keefer and Myers voting "AYE" and Commissioners Baker and Cline voting "NO".
CONVENE IN CLOSED SESSION
Commissioner Keefer, seconded by Commissioner Barr, moved to convene in closed session
at 10:50 a.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 the acquisition of real
property for a public purpose and matters directly related thereto; to consider a matter than
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 3-305(b), (1), (4), (7) and (8) of the General Provisions Article of
the Annotated Code of Maryland. The motion passed 4-1 with Commissioner Cline voting
against the motion. Commissioner Cline left the meeting at 10:50 a.m.
In closed session, the Commissioners considered filling a number of staff vacancies;
discussed the potential appointment of members to a County board; received information
concerning pending or potential litigation; received updates concerning personnel matters
over which the Board has jurisdiction; considered a proposal for various entities to locate,
expand, or remain in the State; and discussed the potential acquisition of real property to
effectuate same.
During closed session, the Commissioners directed staff to take certain actions concerning
the matters discussed.
Present during closed session were Commissioners Terry L. Baker, John F. Barr, Wayne K.
Keefer and LeRoy Myers, Jr. Also present were Robert J. Slocum, County Administrator;
Sarah Sprecher, Assistant County Administrator; Debra Eckard, Administrative Assistant;
Kirk C. Downey, Deputy County Attorney; Kendall A. McPeak, Assistant County Attorney;
Debra Murray, Chief Financial Officer; Stephanie Stone, Director, Health and Human
Services; Scott Hobbs, Director, Department of Engineering; Rich Eichelberger, Director,
Department of Construction; Tim Lung, Director, Department of Plan Review & Permitting;
Dan Divito, Deputy Director, Operations, Division of Environmental Management; and
Delegate Brett Wilson.
The closed session adjourned at 12:02 p.m.
CONSTRUCTION BID AWARD — GARIS SHOP ROAD BRIDGE W-4021, BRIDGE
REHABILITATION PROJECT, COUNTY CONTRACT NO. BR -GS -178-14, SHA
CONTRACT NO. WA384ZM2, FEDERAL AID PROJECT NO. STBG-E(470)E
Scott Hobbs, P.E., Director, Department of Engineering, presented a request to conditionally
award the Garis Shop Road Bridge W-4021, Bridge Rehabilitation contract to the lowest
responsive, responsible bidder, Building Systems, Inc. of Hagerstown, Maryland, in the
amount of $1,066,261. The conditional award is based on receiving concurrence from the
Maryland State Highway Administration (SHA). The recommended bid of $1,066,261
includes the Base Bid and Add Alternative Groups 1, 3 and 4.
This project involves the rehabilitation of an existing one -lane, three -span, stone arch bridge
over Antietam Creek on Garis Shop Road, located approximately three miles south of
Hagerstown, Maryland. This is a one -hundred and eighty (180) consecutive calendar day
contract. The anticipated Notice to Proceed is late July 2017 with an anticipated completion
date in late January 2017.
This project was rebid because the original bid was rejected in open session on February 28,
2017, in order to re-evaluate the original contract design for alternate ways that would allow
for cost savings given the limited local funding to cover the work and any cost overruns. The
cost for the project was reduced by establishing a Base Bid, as well as providing four (4)
Add Alternate Groupings to the contract for various work elements. Add Alternate Group 1:
performing structure excavation and lightweight concrete infill with temporary shoring; add
Alternate Group 2: performing the same work as Group 1 without the use of the temporary
shoring; add Alternate Group 3: masonry work associated with the existing mill race; and
add Alternate Group 4 installing utility conduits.
This is a budgeted CIP project (BRG061) and a federal aid bridge project (80% federal, 20%
local share). Total expenses are estimated at $1,166,261, including $1,066,261 for the
proposed bid award; $50,000 inspection/testing/right-of-way/utilities; and $50,000 for
construction contingency. The construction cost will be reimbursed by SHA at an 80/20
share.
Commissioner Barr, seconded by Commissioner Myers, moved to conditionally award the
Garis Shop Road Bridge W-4021, Bridge Rehabilitation contract to Building Systems, Inc.
of Hagerstown, Maryland in the amount of $1,066,261 as presented. The motion passed
unanimously (4-0); Commissioner Cline was not present.
CHANGE ORDER — ROBINWOOD DRIVE CORRIDOR
Scott Hobbs presented for approval a change order for the Robinwood Drive Corridor in the
amount of $507,766.00. The contract value for Milani Construction LLC will be increased
accordingly and the final change order will close out the construction project. This is a
budgeted CIP project (RDI022) at a construction cost of $9,291,972.24.
Commissioner Myers, seconded by Commissioner Keefer, moved to approve the change
order for the Robinwood Drive Corridor in the amount of $507,766.00 as. The motion passed
3-0. Commissioner Barr abstained from the vote, and Commissioner Cline was not present.
CONCURRENCE — HANCOCK PUBLIC LIBRARY
Scott Hobbs presented the bid results for the Hancock Public Library for informational
purposes and concurrence on the project. The contract will be executed by the Board of
Trustees of the Washington County Free Library. This project includes the construction of a
new public library in the Town of Hancock and includes parking and stormwater
management facilities. The library will be built with County funding not to exceed
$1,000,000 (BLD077). The Washington County Free Library will forward fund project costs
with County reimbursement occurring in 2022.
WASHINGTON COUNTY ORGANIZATIONAL CHART
Robert Slocum presented a request to change the County's Organizational Chart to reflect
that the Chief Financial Officer and Director of the Department of Budget & Finance will
report directly to the County Administrator.
Commissioner Keefer, seconded by Commissioner Myers, moved to approve the change to
the County's Organizational Chart as proposed.
The motion passed 3-1, with Commissioner Barr opposed to the change. Commissioner
Cline was not present.
URBAN IMPROVEMENT PROJECT FUNDING LETTER
Mr. Slocum presented a request that the Board of County Commissioners provide a letter of
support to the University System of Maryland to forward fund the Urban Improvements
Project (UIP) in the amount of $10.5 million at 0% interest for five (5) years, with an option
for an additional five (5) years repayment for any remaining balance, at a rate to be
determined after expiration of the first five (5) year period. The total project currently totals
approximately $36 million, the majority of which is committed among the stakeholders'
budget.
The Commissioners reached a consensus to provide a letter to the University System of
Maryland. Commissioner Keefer abstained out of an abundance of caution because he has a
contract to teach an evening class with the University System of Maryland; Commissioner
Cline was not present.
Commissioner Myers, seconded by Commissioner Keefer, made a motion to adjourn the
meeting at 12:25 p.m.
u
Robert J. Slocum, County A ministrator
i rk C, Downey, D Attorney
Debra Sue Eckard, Administrative Assistant