HomeMy WebLinkAbout181127 - Open MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY, MARYLAND
Open Session Minutes
November 27, 2018
INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner John F. 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 9:08 a.m. at 100 West Washington Street, Room 1113,
Hagerstown, Maryland, with the following members present: Vice President Jeffrey A. Cline and
Commissioners John F. Batt, Wayne K. Keefer and LeRoy E. Myers, Jr.
APPROVAL OF MINUTES
November 13, 2018
Commissioner Myers, seconded by Commissioner Barr, moved to approve the minutes of
November 13, 2018. The motion passed unanimously.
CONVENE IN CLOSED SESSION
Commissioner Barr, seconded by Commissioner Myers, moved to convene in closed session at
9:09 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 protect the privacy or reputation of individuals concerning a
matter not related to public business; 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; to discuss public security, if the public body determines that public
discussion would constitute a risk to the public or to public security, including: (i) the development
of fire and police services and staff; and (ii) the development and implementation of emergency
plans, in accordance with Section 3-305(b)(1), (2), (4), (7), (10) of the General Provisions Article
of the Annotated Code of Maryland. The motion passed unanimously.
In closed session, the Commissioners discussed certain appointments and the filling of certain
personnel positions and discussed other employment matters concerning certain specific
employees over which the Board has jurisdiction. The Commissioners provided direction
regarding the appointment of an individual and the filling of certain job vacancies. The
Commissioners also discussed a matter implicating the privacy or reputation of certain individuals.
Furthermore, the Commissioners discussed matters concerning the development of emergency
services and received information about the potential location or expansion of certain business
entities in the State and County. The Commissioners received legal advice on a variety of matters.
The Commissioners also provided staff with certain directions concerning the topics discussed.
Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline, John F. Barr,
Wayne K. Keefer, and LeRoy E. Myers Jr. Also present were Robert J. Slocum, County
Administrator; Krista L. Hart, County Clerk; Kirk C. Downey, Interim County Attorney; Kendall
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OPEN Session, November 27, 2018
A. McPeak, Assistant County Attorney; and at various times, Jim Hovis, Chief Operations Officer;
Deb Peyton, Director, Health and Human Services; Dan DiVito, Director, Division of
Environmental Management; Dave Hays, Director, Emergency Services; Susan Small, Director,
Business Development; Rick Rock, Executive Director, Washington County Mental Health; David
Chisholm, Assistant Director of Emergency Services; Rick Blair, Treasurer, Washington County
Volunteer Fire and Rescue Association; and Stephen Barnhart, Chief, Hancock Rescue Squad, Inc.
RECONVENE IN OPEN SESSION
Commissioner Cline, seconded by Commissioner Myers, moved to reconvene in open session at
10:48 a.m. The motion passed unanimously.
Commissioners recessed at 10:49 a.m. and returned to the meeting at 10:56 a.m.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioners Cline, Keefer, and Baker extended their appreciation for outgoing Commissioners
Barr and Myers. They each, individually, thanked Commissioner Myers and Commissioner Barr
for their service to Washington County.
Commissioner Myers expressed his appreciation to staff members and fellow Commissioners for
their support. Additionally, Commissioner Myers thanked his wife Nicole, for her support during
his time in office.
Commissioner Barr thanked the citizens for their support over the past twelve (12) years.
Commissioner Barr also thanked the staff at MACo for allowing him to be a part of their
organization, and he thanked Washington County staff for their professionalism.
President Baker recognized former Commissioner Ron Bowers for attending the Board of County
Commissioners meeting.
All Commissioners wished Commissioners elect Meinelschmidt and Wagner good luck on their
upcoming swearing -in and term of office.
REPORTS FROM COUNTY STAFF
Chief Operations Officer
Jim Hovis thanked Commissioner Myers and Commissioner Barr for their support and service to
Washington County.
County Administrator
Rob Slocum thanked Commissioner Barr and Commissioner Myers for their service. He also
honored David Sexton, a former Emergency Communications Operator who recently passed away.
County Clerk — Appointment / Reappointment to Boards and Commissions:
Washington County Mental Health Authority
Commissioner Cline, seconded by Commissioner Barr, moved to appoint Anthony Ryan to serve
a first, three (3) year term as Consumer Representative, from January 1, 2019 through December
31, 2021. The motion passed unanimously.
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OPEN Session, November 27, 2018
CITIZENS' PARTICIPATION
None
DIAKON REFUNDING (CONDUIT DEBT)
Sara Greaves, Chief Financial Officer, Budget and Finance, requested consensus to move forward
with the refunding process of the 2014C Note for Diakon Lutheran Social Ministries. Ms. Greaves
explained that on April 29, 2014, the County issued its $18,798,000 County Commissioners of
Washington County Revenue Note, Series C of 2014 (2014C Note), and loaned the proceeds to
Diakon Lutheran Social Ministries (Diakon); with interest rates rising, Diakon is looking to refund
the debt with fixed rate bonds. Ms. Greaves stated that proceeds of the 2014C Note were used to
finance, reimburse, or refinance costs of capital improvements undertaken by Diakon at two (2)
facilities: Diakon Lutheran Senior Living, at 1183 Luther Drive, Hagerstown, Maryland; and
Diakon Lutheran Senior Living, at 19800 Tranquility Circle, Hagerstown, Maryland.
Commissioner Barr, seconded by Commissioner Myers, moved to approve the refunding process
of the 2014C Note for Diakon Lutheran Social Ministries as presented. The motion passed
unanimously.
APPROVAL TO TERMINATE COOPERATIVE AGREEMENT AND APPROVAL TO
CHANGE FUNDING
Stephanie Lapole, Senior Grant Manager, Office of Grant Management, and Eric Seifarth, Rural
Preservation Administrator, Planning and Zoning, recommended approval to terminate the
Cooperative Agreement with the National Resource Conservation Service (NRCS) and to approve
the change of funding source from NRCS to the Department of Natural Resources (DNR). Mr.
Seifarth stated that on October 6, 2015, the Board approved the acceptance of the award for the
Agricultural Conservation Easement Program (ACEP) funding in the amount of $760,000, with a
50/50 match requirement associated with the grant and Rural Legacy funding had been approved
to be utilized as the required match. Ms. Lapole stated that the County has been awarded
$2,388,000 for Fiscal Year 2019 in Rural Legacy funding, funds for the two (2) projects will be
drawn from that award.
Commissioner Myers, seconded by Commissioner Cline, moved to approve the termination of the
Cooperative Agreement with the National Resource Conservation Service and to approve the
change of funding source as presented. The motion passed unanimously.
HAGERSTOWN EASTERN PANHANDLE METROPOLITAN PLANNING
ORGANIZATION — APROVAL TO ACCEPT AWARDED FUNDING
Stephanie Lapole, Senior Grant Manager, Office of Grant Management; Jill Baker, Deputy
Director, Planning and Zoning; and Mat Mullenax, Director, Metropolitan Planning Organization,
requested approval to accept the award from the West Virginia Department of Transportation in
the amount of $150,000 as part of the collaborative efforts for a marketing study for the MARC
transit line in West Virginia; there is no match requirement for the project.
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OPEN Session, November 27, 201B
Commissioner Barr, seconded by Commissioner Myers, moved to approve the acceptance of
funding from the West Virginia Department of Transportation in the amount of $150,000 as
presented. The motion passed unanimously.
PROCLAMATION — JANET LUNG
Commissioner Barr presented Ms. Janet Lung with a resolution of appreciation for her many years
of service with the Breast Cancer Awareness support organization. Ms. Lung has served as
Community Liaison and Executive Director for fifteen (15) years. The Commissioners thanked
her for her service.
CONSTRUCTION BID AWARD — COLONEL HENRY K DOUGLAS DRIVE
EXTENDED
Scott Hobbs, P.E., Director of Engineering, presented a request to conditionally award the Colonel
Henry K Douglas Drive contract to the lowest responsive, responsible bidder, David H. Martin
Excavating, Inc. of Chambersburg, Pennsylvania in the amount of $2,739,113.30. Conditional
award is based on receiving concurrence in award from the Maryland State Highway
Administration (SHA) / Federal Highway Administration (FHWA). This is a 300 -consecutive
calendar day contract and the project is tentatively scheduled to start in mid -January 2019.
This is a budgeted Capital Improvement Plan project (RDI067). Total expenses in the construction
phase of the project are estimated at $2,989,113.30, including $2,739,113.30 for the proposed bid
award, $150,000 for inspection/testing services, and $100,000 for construction contingency. This
is an Appalachian Regional Commission federal aid project and the County will receive a
$2,000,000 grant for this project.
Commissioner Myers, seconded by Commissioner Barr, moved to conditionally award the Colonel
Henry K Douglas Drive Extended contract to the lowest responsive, responsible bidder, David H.
Martin Excavating, Inc. of Chambersburg, Pennsylvania, in the amount of $2,739,113.30 as
presented. The motion passed unanimously.
SOLE SOURCE PROCUREMENT (PUR-1045): THREE (3) PORTABLE TRANSPORT
VENTILATORS FOR THE DIVISION OF EMERGENCY SERVICES
Rick Curry, Director, Purchasing, and David Chisholm, Assistant Director, Emergency
Management, presented the recommendation to award a Sole Source Procurement for three (3)
Portable Transport Ventilator units for use by Division of Emergency Services (DES) to
CareFusion 203, Inc., Yorba Linda, California, in the amount of $17,061 per unit (approximate
shipping cost of $110) for a total cost of $51,293. The Code of the Public Local Laws of
Washington County allows for sole source procurement when: (1) only one source exists that
meets the County's requirements, and (2) the compatibility of equipment, accessories or
replacement parts is the paramount consideration. Currently, there is one (1) Revel unit in use in
the County; to introduce a different type of unit would require that Advance Life Support (ALS)
personnel be trained on multiple units, which could lead to confusion and poor patient outcome.
Commissioner Barr, seconded by Commissioner Myers, moved to authorize the Sole Source
Procurement for three (3) Portable Transport Ventilator units to CareFusion 203, LLC, of Yorba
Linda, California in the total amount of $51,293 as presented. The motion passed unanimously.
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OPEN Session, November 27, 2018
APPLICATION FOR ZONING MAP AMENDMENT RZ-18-004, PERRY AND
MELISSA BRAZIL
Jill Baker, Deputy Director, Planning and Zoning, brought forward Zoning Map Amendment
application RZ-17-003 from. Applicant Perry and. Melissa Brazil for consideration and discussion
by the Commissioners. The subject property consists of three (3) acres located at 11200 Wolfsville
Road, Smithsburg, Maryland; the application concerns a request for a partial termination of the
Rural Business Floating Zone. With the removal of the floating zone from the three (3) acres, the
underlying zoning of Environmental Conservation would be reactivated as the governing zoning
district; the Rural Business Floating Zone would continue to be applied to the remaining 4.47 acres
of the parcel.
Ms. Baker explained that regulations regarding the application and removal of floating zone
districts are different. Amendments to Euclidean -zoned properties require the applicant to prove
that there has been a change in the character of the neighborhood since the last comprehensive
rezoning or that there was a mistake in the zoning of the property. In this case, the Rural Business
Floating Zone removal is governed by Article SE of the Zoning Ordinance; which states that the
floating zone may be removed completely or partially by the Commissioners after Planning
Commission review and consideration (a public hearing is not required). This request has been
reviewed and recommended for approval by the Washington County Planning Commission at the
regular meeting on November 5, 2018.
Commissioner Barr, seconded by Commissioner Myers, moved to approve the partial termination
of the Rural Business Floating Zone from three (3) acres at 11200 Wolfsville Road, Smithsburg,
Maryland, and to adopt an ordinance approving the termination as presented. The motion passed.
unanimously.
(Ordinance No. ORD-2018-33 is recorded among the Acts, Ordinances, and Resolutions of
Washington County and the original is located in the County Commissioner's Office.)
ADJOURNMENT
Commissioner Myers, seconded by Commissioner Bair, moved to adjourn at 11:57 p.m. The
motion passed unanimously.
A reception was held in Suite 1115 for outgoing Commissioners John Barr and LeRoy Myers, Jr..
Kris L. Hart, County Clerk