HomeMy WebLinkAbout171031BOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY, MARYLAND
Hagerstown, Maryland
October 31, 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 9:42 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 — OCTOBER 24, 2017
Commissioner Keefer, seconded by Myers, moved to approve the minutes of October 24,
2017. The motion passed unanimously.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Cline reported attending the Eagle Scout Court of Honor for Benjamin W.
Koepp.
Commissioner Myers thanked staff at the Highway Department for preparing the
Mummers' Parade vehicle on their own time. He also congratulated Delegate Brett Wilson
for being appointed a Circuit Court Judge.
Commissioner Baker thanked County staff for preparing the parade vehicle.
REPORTS FROM COUNTY STAFF
Emergency Services — Community Volunteer Fire Company of District 12
David Hays, Director, Emergency Services, reported that since the October 29, 2016
reinstatement of the Community Volunteer Fire Company of District 12 (formerly Fairplay
Volunteer Fire Company), the company has gained membership and is able to provide full
service to the Fairplay area. District 12 President Jeb Eckstine arrived later in the meeting
and gave a full report.
Community Grant Management — UIP Public Outreach Campaign
Jim Hovis, Director, Community Grant Management, introduced Ryan Lampton,
President, and Katie Stover, Marketing Executive, HighRock Studios, who presented
information on a public outreach campaign regarding the Downtown Urban Improvement
Project (UIP). Mr. Lampton described the campaign's goal to engage, inspire, envision and
inform the community on the progress of the UIP. HighRock Studios plans to gain the
public's attention through marketing materials, videos, photorealistic 3D art and a website.
October 31, 2017
Page 2
The project's total cost is $126,375; HighRock Studios plans to donate $25,375 toward the
costs. The County is being asked to contribute $10,000 in funding through its Hotel Rental
Tax Funds. Other funding is anticipated to come from public and/or grant funding. The
campaign is expected to generate interest in the UIP. The Commissioners discussed the
proposal and the UIP private/public partnership.
Commissioner Barr, seconded by Myers, moved to provide $10,000 from the County's
Hotel Rental Tax Fund toward the Urban Improvement Public Relations and Outreach
Campaign as presented. The motion passed unanimously.
Report by the Community Volunteer Fire Company of District 12
President Jeb Eckstine of the Community Volunteer Fire Company of District 12 (formerly
Fairplay Volunteer Fire Company), discussed the status of the company. He reported that
firefighting equipment and vehicles were being brought up to date. New and functional
bylaws were enacted and an election was held. Mold abatement in the older portion of the
firehouse has been addressed. The carnival grounds and banquet hall have been restored
and several fundraising activities have been held. The extra land is listed for sale as
required by conditions in the County's loan to the company. Mr. Eckstine reported that
asbestos abatement will have to be performed in the old schoolhouse building before it can
be torn down. The board is developing career staffing, though it still has volunteer
problems as most companies are experiencing. The tanker truck is 37 years old and
members are searching for grants to use towards a new one. A fundraising committee is
doing a great job. Members also give back to the community through events such as a trick
or treat night and assisting a terminally ill resident. The debt to the County now is
approximately $380,000. The company pays $10,000 per quarter on the zero -interest loan.
The Commissioners congratulated Mr. Eckstine and members for the work done to bring
the company back into operation.
County Administrator
County Administrator Rob Slocum reported receiving a letter from Smithsburg Police
Department Chief George Knight commending Highway Department Traffic Supervisor
Doug Levine for assisting the town with traffic and road issues.
Commissioner Barr commented that a citizen presented an issue during last week's
Commissioners' meeting held in Maugansville that was resolved the next day by County
staff. He commended County employees for the work they do.
CITIZENS' PARTICIPATION
Jim Devine, P. O. Box 2217, Hagerstown, commented in favor of the use of speed cameras
in County school zones which was recently approved by the County Commissioners. He
also commented on the early morning dismissal of clients from the cold weather shelter.
October 31, 2017
Page 3
BID AWARD — SWIMMING POOL AND WATER/WASTEWATER TREATMENT
CHEMICALS
Brandi Naugle, Buyer, Purchasing, recommended award of the bids for Swimming Pool
and Water/Wastewater Treatment Chemicals (PUR-1365) to the responsive, responsible
bidders with the lowest bids. The following bid awards were recommended as specified:
Item 412 — Sodium Hypochlorite (110 drums) to Univar USA, Inc. at the unit price of
$2.425/gal. (55 gal. drum); Item 414 — Caustic Soda (Sodium Hydroxide) (11,935 lbs.) to
Univar USA, Inc. at the unit price of $3.06/gal. (55 gal. drum); Item 415 - Ferrous
Chloride Solution (14,000 bulk gals.) to Kemira Water Solutions, Inc. at the unit price of
$0.92/gal. (Gallon Bulk); Item 416A — Hydrofluosilic Acid (75 gals.) to Univar USA, Inc.
at the unit price of $12.90/gal. (15 gal. pail); Item 416B — Hydrofluosilic Acid (165 gals.)
to Univar USA, Inc. at the unit price of $6.53/gal. (55 gal. drum); Item 417 - DeIPAC 2000
(144,000 lbs.) to USALCO Baltimore Plant at the unit price of $0.11/lb. (Bulk Pounds);
Item 419 - Sodium Hypochlorite (47 drums) to Univar USA, Inc. at the unit price of
$2.425/gal. (55 gal. drum); Item 4 20 - Cyanuric Acid (100-200 lbs.) to Amato Industries,
Inc./AMCHLOR at the unit price of $1.58/lb. (Pound); Item 421 - Calcium Chloride (500-
600 lbs.) to Amato Industries, Inc./AMCHLOR at the unit price of $0.4312/lb. (Pound);
Item 422 — Muriatic Acid (20-40 lbs.) to Amato Industries, Inc./AMCHLOR at the unit
price of $10/lb. (Pound); Item 424 — DeIPAC 2020 (40 drums) to Univar USA, Inc. at the
unit price of $3.71/lb. (55 -gallon drums); Item 4 30 — Bacterial Enzymatic Powder (1,500
lbs.) to Maryland Company, Inc. at the unit price of 9.88/lb. (Pound); Item 433 — DeIPAC
2000 (4-55 gal. drums) to Univar USA, Inc. at the unit price of $4.53/gal. (55 -gal. drum);
Item 4 34 — Liquid Aluminum Sulfate (8,000 gals.) to Univar USA, Inc. at the unit price of
$1.49/gal. (Gallon Bulk); and Item 435 - Micro C 2000 (48 — 240 gal. totes) to Univar
USA, Inc. at the unit price of $3.48/gal. (240 gal. tote). The contract term is for one year
with no option for renewals, tentatively beginning December 1, 2017.
Commissioner Barr, seconded by Keefer, moved to award the bids for Swimming Pool and
Water/Wastewater Treatment Chemicals to the responsive, responsible bidders with the
lowest bids specified in the Commissioners' Meeting Agenda packet and listed above. The
motion passed unanimously.
CONTRACT AWARD — GASOLINE AND DIESEL FUEL DELIVERIES
Brandi Naugle presented the recommendation to award the Gasoline and Diesel Fuel
Deliveries contracts (PUR 1362) to the responsive, responsible bidders who submitted the
lowest bids as follows:
Gasoline — Option I (multiple contract award): Tank Wagon Loads Total Bid - A, C & T
Co., Inc. of Hagerstown, Maryland, at the unit price stated in its bid - $127,440.59; and 2)
Transport Loads Total Bid - Petroleum Traders Corp. of Fort Wayne, Indiana, at the unit
price stated in its bid - $647,470.
October 31, 2017
Page 4
Diesel: Option I (multiple contract award): Tank Wagon Loads Total Bid - A, C & T Co.,
Inc. of Hagerstown, Maryland, at the unit price stated in its bid - $113,598.29; and IPC
(USA), Inc. of Columbia, Maryland, Transport Loads Total Bid - $1,121,972.61.
Gasoline and Diesel: Option II (single contract award): Transport -Tank Wagon Loads
Total Bid — A, C & T Co., Inc. of Hagerstown, Maryland, $2,031,858,97.
Ms. Naugle stated that nine bids were received for this requirements contract that
guarantees neither a maximum nor a minimum quantity of deliveries. The contract period
tentatively begins December 1, 2017 and ends November 30, 2018. Contracts are for a
one-year term with no option to renew.
Commissioner Myers, seconded by Keefer, moved to approve Option I for Gasoline Tank
Wagon Loads and Transport Loads, Option I for Diesel Tank Wagon Loads and Transport
Loads; and Option II for Gasoline and Diesel Transport -Tank Wagon Loads as specified in
the Commissioners' Meeting Agenda packet and listed above. The motion passed
unanimously.
FIREFIGHTER STAFFING PLAN FOR WASHINGTON COUNTY
David Hays, Director, Emergency Services, and James Sprecher, President, Washington
County Volunteer Fire and Rescue Association (WCVFRA), discussed a firefighter
staffing plan for Washington County volunteer companies. Mr. Hays was directed by the
County Commissioners in May 2017 to draft a career Firefighter Staffing Plan (Plan) to
augment the shortage of volunteer firefighters throughout Washington County. The action
followed a presentation by the WCVFRA and Division of Emergency Services regarding
critical volunteer staffing shortages. The Potomac Valley Volunteer Fire Company
(Potomac Valley) had previously requested assistance to address staffing shortages. The
Plan includes five phases of staffing support and is designed to anticipate future needs and
provide a template for supplemental career firefighter staffing. There is no established
implementation timeline for the Plan.
Phase I includes hiring eight full-time firefighters for the Special Operations Unit and
providing funding for the use of existing part-time career firefighters that will work in
volunteer fire stations in the County. Having full-time firefighters at the Special Operations
Unit would free up part-time employees to supplement volunteer stations. The first goal
with implementation of the staffing will be to work with Potomac Valley to provide
staffing assistance. David Hays indicated that other volunteer companies are experiencing
the same issues. Additional County firefighter staffing may be provided to other fire
stations throughout the County as requested and available. Mr. Hays advised that
emergency medical service staffing will also need to be addressed in the future. Phase I is
expected to cost $418,374 for the remainder of Fiscal Year 2018 and $510,374 next fiscal
year. The Division of Emergency Services would undergo some reorganization including
October 31, 2017
Page 5
moving the 9-1-1 Administrations Manager into the new positon of Emergency Services
Programs Manager, making a 9-1-1 Trainer an Emergency Management Specialist and
moving an Emergency Management Specialist to a new position of Operations Manager,
for a total cost of $10,374.
Phase II would cost an additional $3.93 million and would only be implemented if the
system continues to show a need. Phases II, III, IV and V are a roadmap plan for now. Mr.
Hays stated that the Plan shows the value that volunteer firefighters give the County every
day. He commented that he and others do not believe this is the end of the volunteer
system.
Commissioner Myers, seconded by Cline, moved to accept the Division of Emergency
Services Strategic Firefighter Staffing Plan and Reorganization as drafted and submitted;
to immediately implement Phase I as outlined, to implement the Division of Emergency
Services' staff realignments and the execution of budget transfers as submitted by the
Office of Budget and Finance. The motion passed unanimously.
SOLE SOURCE CONTRACT AWARD — ELECTRONIC DOOR CONTROLS AND
INTERCOM SYSTEM UPGRADE
Rick Curry, Director, Purchasing, and Major Craig Rowe, Washington County Detention
Center, presented the recommendation to award a Sole Source Procurement to upgrade
electronic door controls and the intercom system at the Washington County Detention
Center (PUR-1373) to Montgomery Technology Systems, LLC (MTS) of Greenville,
Alabama, for $89,750. The Code of the Public Local Laws of Washington County allows
for sole source procurement (1) when only one source exists that meets the County's
requirements and, (2) the compatibility of equipment, accessories or replacement parts is
the paramount consideration. The upgrade will replace aging equipment and MTS will
integrate some of the existing equipment. The County will be responsible for providing the
network for the system operation.
Commissioner Barr, seconded by Keefer, moved to authorize the Sole Source Procurement
to upgrade the electronic door controls and intercom system at the Washington County
Detention Center to Montgomery Technology Systems, LLC (MTS) of Greenville,
Alabama, for $89,750 as presented. The motion passed unanimously.
DISCUSSION OF TEXT AMENDMENT RZ-16-005
Jill Baker, Chief Planner, Planning and Zoning, initiated a discussion of an application
from the Washington County Department of Planning and Zoning for Text Amendment
RZ-16-005 to the Washington County Zoning Ordinance (Ordinance) concerning the
proposal to amend Article 3, Section 3.3 (1) Table of Land Use Regulations, Article 4,
General Provisions — Section 4.10 Accessory Structures; Section 4.26 Solar Energy
Generating Systems, Article 11, Business Local District, Section 11.1 Principle Permitted
Uses, Article 12, Business General District, Section 12.1 Principle Permitted Uses, Article
October 31, 2017
Page 6
14, Industrial General District, Section 14.1 Principle Permitted Uses, Article 22, Special
Provisions, Division V, Section 22.54 Mobile Homes, and Article 28A, Definitions to the
existing Article 16 — Mixed Use District. The Commissioners held a public hearing on
February 28, 2017 regarding the application, at which time they directed staff to follow up
on questions relating to the application. The application serves to amend several sections
of the Zoning Ordinance by addressing updates, correcting and clarifying language,
removing errors, ambiguous language and conflicts within the Zoning Ordinance as well as
with other ordinances. The nine topics being contemplated are:
A) Alcohol manufacturing land uses including breweries, wineries and distilleries;
B) Delineation of different levels of use intensity for Mineral Extractive Operations;
C) Clarification of uses related to automotive sales, service and repair;
D) Accessory uses permitted in front yard setbacks;
E) Administrative error correction to Section 4.26;
F) Inclusion of car washes as listed uses in the Ordinance;
G) Revised definition of convenience stores and allowance in other districts;
H) Definition and building setbacks for manufactured/mobile homes and
replacements; and
I) Classification of sewerage pumping stations as essential utilities.
Ms. Baker stated that after the public hearing, three areas required additional research, 1)
setbacks for accessory use structures, 2) the definition of convenience stores, and, 3)
setbacks for manufactured or mobile homes.
The Commissioners discussed the further setbacks recommended for manufactured or
mobile homes that relate to right of way and sight distance issues. Ms. Baker advised that
staff researched the frequency of requests to replace mobile homes between 2007 and 2017
which totaled 121. Most requests were for mobile homes located in parks or subdivisions
that are not affected under this section. The other 52 permits issued the last ten years have
been on individual lots of record; none needed setback review as they were already in
compliance. Commissioner Baker spoke against changing the setback requirement from 40
feet to 50 feet. Commissioner Myers suggested allowing a 10% change from the current
location of the mobile home and the Commissioners reached a consensus to agree to that
proposal.
The Commissioners discussed the proposal to change the definition of convenience stores.
Ms. Baker stated that the Planning Commission recently reviewed the proposed
amendments and raised some concerns that they would have a limited effect and may not
adequately address the issue. Staff is requesting that this proposal be removed from
consideration for now and be addressed in the future.
The Commissioners agreed to move forward with the proposals as discussed and to include
a 10% change allowed when replacing a mobile or manufactured home. Staff will prepare
the necessary documents to be presented at a future Commissioners' meeting.
October 31, 2017
Page 7
CONOCOCHEAGUE TREATMENT PLAN ENR UPGRADE
Mark Bradshaw, Deputy Director, Environmental Management, introduced Nia Williams,
a new environmental engineer at Environmental Management. Mr. Bradshaw presented a
request to approve Change Order 43 to HRI Bridge Company, Inc. for $76,058 regarding
the Enhanced Nutrient Removal Project at the County's Conococheague Wastewater
Treatment Plant. Mr. Bradshaw discussed the changes that pertain to, 1) an increased
platform size around the centrifuge ($7,335 plus one calendar day), 2) a change in new
wage rates by $1.25 per hour ($6,165), 3) a new SCADA system that has virtually
unlimited alarm points ($2,230 plus two calendar days), 4) the extension of the centrifuge
hoist beam ($4,899 and one calendar day), 4) the installation of solid top grating over the
re -aeration channel of the post anoxic tank ($4,899 and one calendar day), 5) the
installation of punched plank vented grating ($4,942), 6) providing functioning oil pressure
switches on the existing primary aerators ($3,030 plus one calendar day), 7) non -working
days due to bad weather ($4,780 plus eight calendar days, 8) the addition of two additional
structural supports to the BioMag mixer support steel ($2,373 plus one calendar day, 9) a
sump pump change from precast to cast in place ($11,698), 10) the addition of a wall
extension for the primary aerator ($19,724 plus seven calendar days), 11) an increase in
height of five slide gates ($2,932 plus ten calendar days), and 12) the roofing contractor
installing one additional 1 inch of insulation over the entire roof beyond what was called
for in plans ($5950).
The Commissioners and Rob Slocum discussed the proposal including having to comply
with new wage rates issued within ten days of the bid opening. Mr. Slocum questioned the
change order amount of $4,780 for bad weather/no work days that typically are not
included in such a contract. He suggested review of the contract regarding that issue and
the Commissioners agreed. Mr. Bradshaw stated that he could reissue the change order and
exclude that amount for now.
Commissioner Barr, seconded by Myers, moved to approve Change Order 43 to HRI
Bridge Company, Inc. for $71,278 ($76,058 minus $4,780), regarding the Enhanced
Nutrient Removal Project at the County's Winebrenner Wastewater Treatment Plant. The
motion passed unanimously.
CHANGE ORDER - CAPACITY MANAGEMENT PROJECT AT SHOWALTER
ROAD
Mark Bradshaw requested Change Order 43 to C. William Hetzer, Inc. for $102,788.95
regarding the Capacity Management Project at Showalter Road due to actual field
quantities varying from the bid quantities due to site conditions and development plans
being approved after the project was advertised for bid. Mr. Bradshaw indicated that the
overruns were associated with increasing the length of certain casings and one 8 inch
casing to avoid a fiberoptic line. He stated that there are adequate funds available and the
project is still under budget with the change order.
October 31, 2017
Page 8
Commissioner Barr, seconded by Myers, moved to approve Change Order 43 to C.
William Hetzer, Inc. for $102,788.95 regarding the Capacity Management Project at
Showalter Road as presented. The motion passed unanimously.
2017-2018 WASHINGTON COUNTY FARM OF THE YEAR AWARD
Leslie Hart, Agricultural Marketing Specialist, Department of Business Development, and
Dan Norris, President, Washington County Agricultural Marketing Advisory Committee,
thanked the Commissioners for their support of agriculture in the County. Ms. Hart
announced that the seventh generation Ernst Grain and Livestock Farm in Clear Spring is
the recipient of the 2017-2018 Washington County Farm of the Year award. The Ernst
family raises purebred sheep and swine as well as crops. Steve Ernst and family members
Josh and Kimberly Ernst accepted a plaque of recognition and an outdoor sign to
acknowledge the accomplishment. Leslie Hart stated that the Ernst family often volunteers
to instruct and mentor students at Clear Spring High School. The Commissioners
congratulated the Ernst family for the award.
REVISED AND UPDATED COUNTY POLICIES
Stephanie Stone, Director, Health and Human Services, and Kendall McPeak, Assistant
County Attorney, presented updated County policies that have been revised, reorganized
and consolidated. Some of the updates pertain to County, State and federal regulations that
have changed over time. Others involve issues related to the new Oracle Cloud software
being implemented in the County. Ms. Stone briefly reviewed the policies with the
Commissioners. She noted that three untitled policies will be discussed after the upcoming
presentation of the Salary Study report. Several new policies cover topics such as
insurance, confidentiality, and leave policies. New policies establishing a tobacco -free
campus, including vaping, and guidelines for the appropriate use of social media are
proposed. Another new policy prohibiting the use of cell phones during board meetings
and proceedings before the Commissioners was discussed. Commissioner Myers objected
to the policy due to taking cell phone pictures of participants and guests during the
Commissioners' meetings. County Administrator Rob Slocum pointed out that he uses his
cell phone to check the time as there is presently no clock in the Commissioners' meeting
room. The Commissioners discussed the need to be reached during the meeting in the
event of an emergency. Staff will review the policy and return to the November 7 meeting
with suggested revisions in anticipation of a vote regarding the updated policies.
RECESS
The Commissioners recessed at 11:55 a.m. (Commissioner Myers left the meeting at
approximately 12:10 p.m.)
LUNCH MEETING WITH THE ECONOMIC DEVELOPMENT COMMISSION
AND DEPARTMENT OF BUSINESS DEVELOPMENT
Commissioners Baker, Cline, Barr and Keefer met at 12: 16 p.m. with members of the
Economic Development Commission (EDC) to discuss economic development in
Washington County. Kim Edlund, Director; and Sara Greaves, Deputy Director, Budget
October 31, 2017
Page 9
and Finance, provided the County's quarterly report and fiscal and economic update. Julie
Rohm, EDC Chair, reported that "business ambassadors" visited 35 companies last week
and heard from many business owners regarding problems with workforce development
and employee soft skills. Ms. Rohm stated that there are over 5,000 job openings in the
area but employers are having trouble finding people with the proper skills. The group
discussed the need for job counseling starting at the middle school level and perhaps a
second technical school. EDC member Mike Fitzgerald suggested that Washington County
market itself not just to businesses but also to workers that might find jobs here and
appreciate the lower cost of living. He suggested using targeted marketing such as tracked
postcards to promote the County's assets and job openings.
RECESS
The Commissioners recessed at 1:26 p.m. and returned to Room 1113 to continue their
regular meeting.
COMMISSIONERS COMMENTS (cont.)
Commissioner Keefer asked if the County could support a Fahrney Keedy fundraiser on
November 3 for expansion of its senior living community. He received an email requesting
$250 and above in financial support. The Commissioners discussed the request that is
similar to several others they have received in the past. Rob Slocum stated that he would
check with staff regarding potential funding for the request.
CONVENE IN CLOSED SESSION
Commissioner Barr, seconded by Keefer, moved to convene in closed session at 1:42 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 a proposal for a
business or industrial organization 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 3-
305(b)(1), (4) and (7) of the General Provisions Article of the Annotated Code of
Maryland. The motion passed unanimously. (4-0, Commissioner Myers was absent.)
In closed session, the Commissioners discussed the potential appointment of a specific
individual to a local board over which the Commissioners have appointment authority;
discussed two County employee hiring recommendations with staff, discussed several
personnel matters/recommendations and related staffing issues with staff, and considered
issues relating to proposals by business entities hoping to locate, expand or remain in the
County/State.
During closed session, the Commissioners agreed to further discuss and present for
approval the individual being considered for appointment to a local board during a future
open session meeting; requested that staff obtain additional information and documentation
relating to proposals by business entities hoping to locate, expand, or remain in the
October 31, 2017
Page 10
State/County; provided direction to staff regarding two specific hiring/employment
recommendations; requested additional information relating to specific personnel matters
and related staffing issues; instructed staff to move forward with the process regarding
various personnel and staffing issues including making a formal presentation to the
Commissioners in a future open session meeting; and requested additional information
relating to specific personnel issues.
Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline, John
F. Barr and Wayne K. Keefer. Also present were Robert J. Slocum, County Administrator;
Vicki C. Lumm, County Clerk; John M. Martirano, County Attorney; and at various times
Stephanie Stone, Director, and Debra Peyton, Benefits Administrator, Health and Human
Services; Susan Small, Real Property Administrator, and Scott Hobbs, Director,
Engineering; Jodi Bell, ReMax Realtors; Ron Whitt, Director, Information Technologies;
Rebecca Gander, Chief of Permitting, and Tim Lung, Director, Plan Review and
Permitting.
ADJOURNMENT
The closed session meeting adjourned at 3:57 p.m.
Robert J. Slocum, County Administrator
John M. Martirano, County Attorney
Vicki C. Lumm, County Clerk