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July 29, 2004
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 9:30 a.m. by
President Gregory I. Snook with the following members present:
Vice President William J. Wivell and Commissioners James F.
Kercheval, John C. Munson, and Doris J. Nipps.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Commissioner Snook followed by
the Pledge of Allegiance to the Flag by the full assemblage.
BID AWARD – 2004 PAVEMENT MAINTENANCE PROGRAM & BUDGET TRANSFER
Terry McGee, Chief Engineer, and Rob Slocum, Deputy Chief
Engineer, met with the Commissioners to present a recommendation
to award the bid for the 2004 pavement maintenance program. Mr.
McGee stated that the low bid received was from Craig Paving for
$1,159,575.38, which is $242,555 over the budgeted amount.
Debra Bastian, Director of Finance, recommended that that the
shortfall be taken from the FY 2004 surplus. She provided a
report on the tentative final surplus and stated that $2.5
million of the surplus has been encumbered by the Commissioners
for various projects. Ms. Bastian stated that, if the final two
income tax distributions meet budget, the final surplus would be
approximately $2.5 million. She cautioned the Commissioners that
this would give the County an 11% surplus, and the adopted
Financial Policy recommends holding a 14% surplus, which is in
accordance with the County’s target peer group.
Motion made by Commissioner Munson, seconded by Wivell, to award
the contract for the 2004 pavement maintenance program to Craig
Paving, Inc., which submitted the low responsive, responsible
bid of $1,159,575.38 to include the alternate, and to approve
funding the $242,555 shortfall from the FY 2004 budget surplus.
Unanimously approved.
BID AWARD – FORTY WEST LANDFILL CELL 3 CONSTRUCTION & BUDGET
INCREASE
Mr. McGee informed the Commissioners that the low bid for
construction of Cell 3 at the Forty West Landfill was submitted
by C. William Hetzer, Inc. for $5,166,210. He stated that this
is $678,067 over the budgeted amount for the project. Debra
Bastian, Director of Finance, recommended funding the shortfall
through a combination of Maryland Water Quality Bonds and the
supporting issue portion of General Obligation Bonds. She
stated that Maryland Water Quality Bond funds have a 1.5%
interest rate and she would recommend utilizing these funds to
the extent possible.
Motion made by Commissioner Kercheval, seconded by Nipps, to
award the contract for construction of Cell 3 of the Forty West
Landfill to C. William Hetzer, Inc., which submitted the lowest
responsive, responsible bid of $5,166,210 and to approve the
recommendation to utilize a combination of Maryland Water
Quality bond funds and General Obligation Bonds as necessary to
cover the $687,067 shortfall. Unanimously approved.
BID REJECTION – BROADFORDING ROAD BRIDGE
Terry McGee, Chief Engineer, appeared before the Commissioners
to recommend that they reject the bid received from George Hann
for the Broadfording Road bridge project without prejudice. Mr.
McGee explained that the only bid received came in $1,755,829
over the engineer’s estimate for the project and he does not
feel it is in the County’s best interests to award the bid at
this amount. He stated that Washington County reserves the
right of the Commissioners to reject any and/or all bids, to
waive technicalities, and to take whatever action is in the best
interests of Washington County. The meeting was then opened for
questions from the Board.
Commissioner Munson suggested that a new bridge be built in the
area to replace the stone-arch bridge. Mr. McGee stated that
the bridge is eligible to be included on the National Historic
Register and that the Maryland Historical Trust would have to be
involved in any decisions of this nature. He also noted the
time factor and cost involved to construct a new bridge.
JULY 29, 2004
PAGE TWO
Mr. McGee explained that the State Highway Administration has
given its approval for the County to use a negotiated proposal
process. He stated that the County would select three firms
that have shown interest in the project to negotiate a contract.
He stated that the Broadfording Road Bridge project is funded
80% through the Federal Aid Bridge Program. The Commissioners
asked that he investigate to determine whether additional
federal funds were available for the project given the increase
in the bids amounts.
Motion made by Commissioner Wivell, seconded by Kercheval, to
approve the recommendation to reject the single bid received for
the Broadfording Road Bridge project from George Hann without
prejudice in the amount of $2,646,794 (alternate) and $3,181,480
(standard), to authorize staff to use the negotiated proposal
process approved by the State Highway Administration for the
project, and to investigate whether additional federal funding
would be available. Unanimously approved.
WATER & SEWER INFRASTRUCTURE COMMISSION – APPOINTMENT OF
DESIGNEE
Motion made by Commissioner Wivell, seconded by Munson, to
authorize Greg Murray, Director of the Water Quality Department,
to serve as Commissioner Snook’s designee on the Water & Sewer
Infrastructure Commission. Unanimously approved.
APPOINTMENTS – PEN MAR DEVELOPMENT CORPORATION BOARD OF
DIRECTORS
Motion made by Commissioner Nipps, seconded by Munson, to
appoint George Stone to the Pen Mar Development Corporation to
fill the unexpired term of Steve Hull which extends to June 30,
2005. Motion carried with Commissioners Nipps, Munson, Wivell,
and Snook voting “AYE” and Commissioner Kercheval “ABSTAINING.”
Motion made by Commissioner Wivell, seconded by Munson, to
appoint Dr. John Simpson to the Pen Mar Development Corporation
for a four-year term. Motion carried with Commissioners Wivell,
Munson, Kercheval, and Snook voting “AYE” and Commissioner Nipps
voting “NO.”
CONVENE IN CLOSED SESSION
Motion made by Commissioner Munson, seconded by Nipps, to
convene in closed session at 10:43 a.m. to consult with counsel
to obtain legal advice, consult with staff about pending or
potential litigation, and consider matters that concern
proposals for businesses or industrial organizations to locate,
expand, or remain in the State in accordance with Section 10-508
of the State Government Article of the Annotated Code of
Maryland. Unanimously approved.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Nipps, seconded by Wivell, to
reconvene in open session at 11:43 a.m. Unanimously approved.
In closed session, the Commissioners consulted with counsel to
obtain legal advice on two (2) matters, consulted with staff
about pending or potential litigation on two (2) matters, and
considered a matter that concerns a proposal for a business to
locate, expand, or remain in the State. Present during closed
session were Commissioners Gregory I. Snook, William J. Wivell,
James F. Kercheval, John C. Munson, and Doris J. Nipps. Also
present at various times were Rodney Shoop, County
Administrator; Richard W. Douglas, County Attorney; Joni
Bittner, County Clerk; and Terry McGee, Chief Engineer.
ADJOURNMENT
Motion made by Commissioner Kercheval, seconded by Nipps, to
adjourn at 11:43 a.m. Unanimously approved.
,
County Administrator
_________________________,
County Attorney
______________________, Clerk