HomeMy WebLinkAbout170627BOARD 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 was also there. 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) in which he is still actively involved.
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 Downey, Assistant County Attorney, reminded Commissioners that the County's
Floodplain Management Ordinance was recently adopted; municipalities were encouraged
to also adopt this Ordinance. He then presented a request to approve the execution of a
resolution, to be signed by President Baker on behalf of the Washington County Board of
County Commissioners, in which the County will enforce the County's Floodplain
Management Ordinance for each municipality that has adopted it.
Commissioner Barr, seconded by Commissioner Myers, moved to approve the execution
of the Resolutions as presented during the Commissioners' June 27, 2017 meeting. The
motion passed unanimously (5-0).
Department of Business Development
Sarah Sprecher, Assistant County Administrator, and Cassie Lewis, Director, Department
of Business Development, discussed the joint meeting of the Economic Development
Commission (EDC) and the BOCC held last month. Priorities, expectations and ways to
measure the success of Economic Development in the County were discussed. A survey
was distributed and results indicate the top three priorities are business retention and
expansion, marketing and attraction, and workforce development. Also discussed was a
joint meeting 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, Mt. Aetna Farms development project, economic development week and
celebration of business event planning, Gigabit City marketing, workforce development,
employer case studies, etc.
Cassie 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 for
Property Tax Credit Program. The proposed expansion and the creation of new jobs will
entitle the company to a six year property tax credit. A 30% credit during years 1 and 2, a
20% credit during years 3 and 4 and a 10% credit during years 5 and 6 will be given.
Maryland Paper Company will be constructing a 35,000 square foot addition and will be
adding 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 in years 2018 and
2019. There would be approximately 800 participants. USA Cycling representatives
recently attended a bicycle race held in Hagerstown to observe the event and to choose 3
routes they would like to use.
Robert Slocum, County Administrator, 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.
Robert Slocum, County Administrator, reported that a public open house was held last
week regarding the I -70/1\4D 65 interchange. An alternative is being proposed and a letter
was circulated to the County Commissioners in support of an option to keep the existing
loop ramp that allows for free flow into the City of Hagerstown rather than creating a
conflicting movement.
Robert Slocum, County Administrator, reported that Vicki Lumm is recuperating from her
surgery and will return before the County Commissioners meet again in three weeks.
CITIZENS' PARTICIPATION
No citizens attending the meeting wished to participate.
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 of
Washington County, Maryland 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 year period
commencing July 1, 2017 and ending on June 30, 2018.
The OCGM wishes to apply Section 1-106.2(a)(1) to the Code of Local Public 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
during the Commissioners' June 27, 2017 meeting. 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 farms 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.
Chris 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 Myers left the meeting at 11:00 a.m., returned at 11:02; he was not present
for the vote.
Commissioner Barr, seconded by Commissioner Keefer, moved to approve Washington
County's participation in the Next Generation Farmland Acquisition Program (NGFAP) as
presented during the Commissioners' June 27, 2017 meeting. The motion passed 4-0;
Commissioner Myers was not present during the vote.
CONTRACT AWARD (PUR-1346) TREATMENT FOR SUBSTANCE USE
DISORDERS AT THE WASHINGTON COUNTY SHERIFF'S OFFICE, DAY
REPORTING CENTER
Mr. Curry, CPPO, Buyer, Purchasing Department and Sheriff Doug Mullendore,
Washington County Sheriff's Office, presented a request to award the contract for the
Treatment for Substance Use Disorders at the Washington County Sheriff's 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 for Children (State) 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 Washington County Office of Community Grant Management
(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
Sheriff's 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 Sheriff's Office,
Day Reporting Center to Serenity Treatment Center, Inc. in the amount of $92,230.00 as
presented during the Commissioners' June 27, 2017 meeting. The motion passed
unanimously (5-0).
APPROVAL OF AN OFFER ON 12408 LEARNING LANE (FORMER
CONOCOCHEAGUE ELEMENTARY SCHOOL)
Ms. Small, Real Property Administrator, Engineering Department, presented for approval
the terms of sale for the property located at 12408 Learning Lane (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; contingent
upon approval of the Board of Public Works; kickout clause if better offer is presented by
a third party; and $5,000 down to be held in seller's agent escrow.
Commissioner Myers, seconded by Commissioner Keefer, moved to approve the offer on
12408 Leaning Lane (former Conococheague Elementary School) as presented during the
Commissioners' June 27, 2017 meeting. 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, Washington County Sheriff's Office, presented the Ordinance which
is to establish school zones within Washington County and to authorize the use of speed
monitoring systems in established school zones pursuant to MD 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 by law; however, these positions can 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 12 miles per hour or
more over the speed limit and it establishes school zones within 1,000 feet of the perimeter
of the school. The speed monitoring system would be operated Monday thru Friday only
from 6:00 a.m. to 6:00 p.m. per Maryland law. Citations may be contested.
No public comment was received.
The public hearing was closed at 9:50 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 during the Commissioners' June 27, 2017
meeting. The motion passed 3-2 with Commissioner Barr, Commissioner Keefer and
Commissioner Myers voting in favor of the motion; Commissioner Baker and
Commissioner Cline voted against the motion.
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. The motion passed 4-1 with Commissioner Cline voting against the
motion. Commissioner Cline stated, "I will not be attending this Closed Session in
protest.... too many general personnel issues are issued, perhaps those people should be
leaving the room. There was obvious evidence, or my opinion of that during our last
meeting. So therefore I am not participating."
In closed session,
During closed session, the Commissioners
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 Downey, 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, FEDEERAL AID PROJECT NO. STBG-
E470E
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. Conditional award is based on receiving
concurrence in award from the Maryland State Highway Administration (SHA). The
recommended bid of $1,066,261 includes the Base Bid in addition to 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 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 during the
Commissioners' June 27, 2017 meeting. The motion passed unanimously (4-0);
Commissioner Cline was not present.
CHANGE ORDER — ROBINWOOD DRIVE CORRIDOR
Scott Hobbs, P.E., Director, Department of Engineering, 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 presented during
the Commissioners' June 27, 2017 meeting. The motion passed 3-0; Commissioner Barr
abstained from the vote; Commissioner Cline was not present.
CONCURRENCE — HANCOCK PUBLIC LIBRARY
Scott Hobbs, P.E., Director, Department of Engineering, 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 the County reimbursement occurring in 2022.
WASHINGTON COUNTY ORGANIZATIONAL CHART
Robert Slocum, County Administrator, presented a request to change the Organizational
Chart to reflect 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 Organizational to reflect the Chief Financial Officer and Director of the Department of
Budget & Financial will report directly to the County Administrator.
Commissioner Keefer commented that because of Mr. Slocum's involvement in the public
budget hearings and assembly of the annual budget, he believes this change makes the
most sense.
Robert Slocum, County Administrator, commented that he has worked closely with Ms.
Murray and Budget & Finance staff on many CIP projects involving millions of dollars
and this partnership will continue to be productive.
The motion passed 3-1 with Commissioner Barr opposed to the change; Commissioner
Cline was not present.
Robert Slocum, County Administrator, 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%
for five years with an option for an additional five (5) years for any remaining balance, at
a rate to be determined after the first five 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 because he has a contract of employment 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.
Robert J. Slocum, County Administrator
John M. Martirano, County Attorney
Debra Sue Eckard, Administrative Assistant