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BOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY, MARYLAND
Open Session Minutes
September 18, 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 8:42 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. Barr, Wayne K. Keefer and LeRoy E. Myers, Jr.
APPROVAL OF MINUTES – August 21, 2018
Commissioner Barr, seconded by Commissioner Cline, moved to approve the minutes of August
21, 2018. The motion passed 4-0. (Commissioner Myers abstained.)
CONVENE IN CLOSED SESSION
Commissioner Myers, seconded by Commissioner Barr, moved to convene in closed session at
8:43 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 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; and to consult with staff, consultants, or other individuals about
pending or potential litigation, in accordance with Section 3-305(b)(1), (3), (4), (7), (8) of the
General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously.
In closed session, the Commissioners discussed the potential appointment of specific individuals
to a local commission and a local board over which the Commissioners have appointing authority;
discussed a specific employment recommendation with staff; considered the potential acquisition
of several parcels of real property needed for a public purpose; discussed specific
proposals/projects relating to companies that may locate, expand, or remain the County/State as
well as potential economic incentives; and discussed an ongoing personnel matter and potential
litigation with staff and counsel.
During closed session, the Commissioners provided direction regarding the filing of a certain
vacancies on a commission and a board including the further discussion and presentation for
approval of certain individuals during today’s open session meeting; provided guidance to staff
relating to an employment recommendation and vacancy; provided direction to staff regarding the
potential acquisition of real property in the County needed for a public purpose; requested that
staff and counsel continue to gather information and provide the Commissioners with an update at
a future meeting; and requested that staff continue to provide regular updates on proposed projects
and other potential economic development opportunities in the County.
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OPEN Session, September 18, 2018
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; John M. Martirano, County Attorney, and at various
times Kirk Downey, Deputy County Attorney; Jim Hovis, Chief Operations Officer; Deb Peyton,
Director, Health and Human Services; Susan Small, Business Leader, Business Development;
Mark Widmyer, Western Maryland Representative, Office of the Governor; Susan Buchanan,
Director, Grant Management; Todd Moser, Real Property Administrator, Engineering; Scott
Hobbs, Director, Engineering; Jim Sterling, Director, Public Works; Michael Piercy, Director,
Washington County Department of Social Services, and Kevin Karpinski, Esquire, Karpinski,
Colaresi & Karp.
RECONVENE IN OPEN SESSION
Commissioner Barr, seconded by Commissioner Keefer, moved to reconvene in open session at
10:08 a.m. The motion passed unanimously.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Barr informed the Commissioners and staff that transportation to a conference at
the White House on October 4, 2018 has been arranged through MACo, should anyone wish to go.
President Baker informed Commissioners and citizens that the previously scheduled agenda item
titled, “Policy No. PR-40 Weapons in County Facilities” has been removed from the agenda,
further stating that no discussion regarding the topic will be held.
President Baker reminded staff of the Board of County Commissioners’ evening meeting
scheduled for tonight, 7:00 p.m., hosted by the Mayor and Council of Smithsburg at Town Hall,
Smithsburg, Maryland.
REPORTS FROM COUNTY STAFF
Division of Engineering
Scott Hobbs, Director, presented a request from the Town of Hancock asking that the cost for
resurfacing a portion of Pennsylvania Avenue (within the town limit), Hancock, Maryland, be paid
for by Washington County. Staff has agreed to bring forward the request provided that the Town
of Hancock agrees to accept ownership (through a Road Transfer Agreement and deed) of the
portion of the road within its’ boundary and full responsibility for all future maintenance. If
approved, the cost would be incurred as part of the County’s Pavement Maintenance Project
(RDI024). Mr. Hobbs has also requested approval of a change order in the amount of $188,417.84
for this expense.
Commissioner Keefer, seconded by Commissioner Myers, moved to approve the request and
recommendation as presented, and to approve a change order in the amount of $188,417.84 for the
Pavement Maintenance Project (RDI024). The motion passed unanimously.
Todd Moser, Real Property Administrator, Engineering, requested approval of an ordinance for
real property acquisitions to include part of Map 50, Parcel 1658 (Lot 8); part of Map 50, Parcel
295; part of Map 50, Parcel 1718; part of Map 50, Parcel 1658 (Lot 9) (Property), as related to the
Professional (Court) Boulevard Extension – Eastern Boulevard to Yale Drive road project. Mr.
Moser stated that the County approved the purchase of the Property during its regular meetings on
August 14, 2018 and August 28, 2018. A public hearing was not required as the funds utilized to
purchase the Property are not to be expended from the General Fund of the County.
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OPEN Session, September 18, 2018
Commissioner Barr, seconded by Commissioner Cline, moved to adopt an Ordinance approving
the real property acquisitions/easement purchase and to authorize execution of all necessary
documentation to finalize the easement purchase. The motion passed unanimously.
Chief Operations Officer
Jim Hovis stated that staff has been very involved in the monitoring of the path of Hurricane
Florence and any potential impact it may have on Washington County. He added that Dave Hays,
Director, Emergency Services, has done an extraordinary job of providing constant updates to the
Commissioners and staff. Mr. Hovis thanked all staff for their efforts in assisting to keep the
citizens well informed on the path of Florence to include any potential road closures.
County Administrator
Rob Slocum thanked all those involved in the tracking of Hurricane Florence.
County Clerk – Appointment / Reappointment to Boards and Commissions:
Washington County Gaming Commission
Commissioner Barr, seconded by Commissioner Myers, moved to reappoint Brian Getz to serve a
second, two (2) year term through September 30, 2020. The motion passed unanimously.
Washington County Board of Social Services
Commissioner Barr, seconded by Commissioner Keefer, moved to appoint William Beard to serve
a first, three (3) year term through June 30, 2021. The motion passed unanimously.
CITIZENS’ PARTICIPATION
Tim Hafer, 15411 National Pike, Hagerstown, Maryland, does not support Policy No. PR40;
stating the verbiage in the policy was very vague.
Robert Bowman, 12351 Harvey Road, Clear Spring, Maryland, does not support proposed Policy
No. PR40.
Sam Billotti, 23435 Ringgold Pike, Hagerstown, Maryland, does not support the proposed Policy
No. PR40, adding that staff currently does not have the authority to prohibit permitted (LEOSA)
firearms, citing 18 U.S. Code §926C – Carrying of concealed firearms by qualified retired law
enforcement officers.
POLICY NUMBER PR-40, WEAPONS IN COUNTY FACILITIES
This item has been removed from the Agenda.
TRACY LYNNE MCCLEARY FARM RURAL LEGACY PROGRAM EASEMENT
Eric Seifarth, Rural Preservation Administrator, Department of Planning and Zoning, requested
approval of the McCleary Rural Legacy Program (RLP) Easement (McCleary RLP Easement)
purchase in the amount of $669,600 for 188 easement acres, and to adopt an ordinance approving
the easement purchase, and to authorize the execution of the necessary documentation to finalize
the easement purchase. Mr. Seifarth explained that the RLP Easement will be paid 100% by the
Maryland Department of Natural Resources (DNR).
Mr. Seifarth stated that the property address is 7608 University Road, Boonsboro, Maryland, and
consists of 109 acres (more or less) of cropland, 24 acres (more or less) of pasture, and 50 acres
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OPEN Session, September 18, 2018
(more or less) of woodland. The McCleary RLP Easement will serve to permanently preserve a
valuable scenic, environmental, agricultural, and historic property in the County. Mr. Seifarth
explained that the farm is in an area of the County adjacent to thousands of acres of preserved
farmland near Antietam National Battlefield and will serve to add to the current block of protected
lands. Additionally, approval of McCleary RLP Easement would extinguish seven (7)
development rights.
Mr. Seifarth explained that for FY2019, Washington County was awarded RLP grants totaling
$2,301,545; the McCleary RLP Easement uses part of those funds and a small portion of remaining
FY18 RLP funds. RLP funds are 100% State dollars, mainly from DNR Open Space funds. In
addition to the easement funds, the County would receive up to 3% of the easement value for
administrative costs, 1.5% for compliance/monitoring costs, and funds to cover all legal/settlement
costs.
Commissioner Barr, seconded by Commissioner Keefer, moved to approve the McCleary RLP
Easement project in the amount of $669,600 for 188 easement acres, to adopt an Ordinance
approving the easement purchase, and to authorize execution of the necessary documentation to
finalize the easement purchase. The motion passed unanimously.
COMMUNITY DEVELOPMENT BLOCK GRANT PLANS FOR RENEWAL
Tina Wilson, Senior Grant Manager, Office of Grant Management, requested approval to renew
the Fair Housing and Equal Opportunity (FHEO), Minority Business/Women Owned Business
(MBE/WBE), and Section 3 Plans policies. Ms. Wilson explained that the Department of Housing
and Community Development (DHCD) requires recipients of Community Development Block
Grants (CDBG) to renew three policies to maintain eligibility for DHCD funding. Ms. Wilson
stated that, if approved, the policies would be effective for a three (3) year period, allowing the
County to continue eligibility for CDBG funding.
Commissioner Cline, seconded by Commissioner Barr, moved to approve renewal of the FHEO,
MBE/WBE, and Section 3 Plans as presented. The motion passed unanimously.
The Commissioners recessed at 10:39 a.m.
EVENING MEETING - TOWN OF SMITHSBURG
An evening meeting of the Board of County Commissioners of Washington County, Maryland
was held at the Town of Smithsburg (Town), Town Hall, 21 West Water Street, Smithsburg,
Maryland.
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 meeting to order at 7:04 p.m. with the following members
present: Vice President Jeffrey A. Cline and Commissioners John F. Barr, and Wayne K. Keefer.
(Commissioner LeRoy Myers, Jr. was absent.)
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OPEN Session, September 18, 2018
MAYOR AND COUNCIL COMMENTS
None
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Cline thanked the Mayor and Town Council for hosting the evening meeting of the
Board of County Commissioners.
Commissioner Keefer thanked the Mayor and Town Council for hosting the evening meeting.
Commissioner Barr thanked the Mayor and Town Council for hosting the evening meeting and
added that he looks forward to meeting with all municipalities and towns.
President Baker thanked the Mayor and Town Council for hosting the meeting, and thanked
Washington County staff for preparing the information which will be presented and discussed
during the meeting.
REPORTS FROM COUNTY STAFF
Dave Mason, Deputy Director, Solid Waste, Division of Environmental Management, discussed
Maryland’s NPDES Municipal Separate Storm Sewer System (MS4) Permit. Mr. Mason stated
that County staff has been organizing different workshops which could assist municipalities in
education of the MS4 permit requirements.
Mr. Mason stated that the County is developing a Memorandum of Understanding (MOU) between
Washington County and the towns which will outline requirements and assist all in understanding
roles in the MS4 process.
Mr. Mason also stated that the County is developing a discharge ordinance, currently under review
by the County Attorney’s office. Mr. Mason added that if the Town chooses to adopt the ordinance,
one of its MS4 permit requirements will have been met.
County Administrator
Rob Slocum stated that the County welcomes an open dialogue discussion regarding any topic that
the Town may have questions on. Mr. Slocum requested that County staff in attendance introduce
themselves to the Mayor and Council; also in attendance were Jeff Culton, P.E., Buchart Horn;
Robert Andryszak, P.E. RK&K; and Kevin Nash, P.E., RK&K.
CITIZENS PARTICIPATION
None
SMITHSBURG WASTEWATER TREATMENT PLANT UPGRADE
Dan DiVito, Director, Division of Environmental Management; Mark Bradshaw, Deputy Director,
Engineering Services; Jeff Culton, P.E., Buchart Horn; Robert Andryszak, P.E., RK&K; and Kevin
Nash P.E., RK&K, presented an update regarding the proposed upgrade to 0.45 million gallons
per day (MGD) at the Smithsburg Wastewater Treatment Plant (WwTP).
Mr. DiVito stated that staff has determined that the Smithsburg WwTP can be upgraded up to 0.45
MGD for less than the original estimate and still meet all the development requirements of the
Town.
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OPEN Session, September 18, 2018
Mr. Bradshaw provided a response to questions which had been presented to staff during a
Smithsburg Mayor and Town Council meeting on August 28, 2018. Question 1) Will the BioMag
system work? Per Mr. Bradshaw, yes, definitely; the BioMag system will do what they propose it
will do. Question 2) What will the plant’s capacity be in equivalent dwelling units (EDUs)? The
0.45 MGD upgrade will add an additional 540 EDU’s, combined with the current EDU’s available
of 161; a total of 701 EDUs (more or less) would be available for developmental purposes.
Question 3) What is the timeframe for completion? Since the upgrade is to 0.45 MGD, review time
will be considerably less than an upgrade to 0.60 MGD. Mr. Bradshaw stated that they estimate to
have the 0.45 MGD upgrade completed by 2020; should they elect to upgrade to 0.60 MGD,
completion would be 2021. Question 4) Is BioMag an interim or long-term solution? Mr.
Bradshaw stated that it would be correct to say both, regardless of upgrade option selected.
Question 5) Can the new equipment be utilized for the 0.60 MGD upgrade? Yes, Mr. Bradshaw
stated that the UV System will need upgraded for the 0.45 MGD upgrade and will be able to be
utilized in the 0.60 MGD upgrade. Question 6) What is the proposed construction cost? Mr.
Bradshaw stated that the proposed cost has been reduced from $15 million to $13.5 million for the
ultimate upgrade to 0.60 MGD.
Several members of the Town Council expressed concern regarding the use of the BioMag; asking
why it is being proposed for Smithsburg. Mr. Slocum stated that the system is used at different
plants in the County when it can be.
Mr. Bradshaw stated that staff would monitor the town’s need for additional EDUs and once the
need for the 0.60 MGD upgrade is met, which is the use of 90% EDU’s, the Capital Improvement
budget would be adjusted accordingly.
Debra Smith, Town Manager, expressed concern that the Maryland Department of Environment
(MDE) permit would not allow any future upgrades once the intermediate upgrade has been
completed. Mr. DiVito confirmed that the full upgrade has already been written into the permit
and would be submitted to MDE as a minor upgrade which would not require a full process of
opening the permit for review.
Mr. DiVito has offered the use of County camera system to the Town of Smithsburg so that inflow
and infiltration of the town’s sanitary sewer system can be monitored for issues. Mr. DiVito added
that the Division of Environmental Management staff will evaluate the systems.
Jason Divelbiss asked if the County is prepared to commit to the $2 million upgrade, which would
allow developers to proceed with plans and permitting of projects. President Baker stated that the
upgrade has previously been approved during the County’s approval of the budget.
Daniel Cross, owner of Cloverly Hill, LLC, stated that he would need to demonstrate to his bank
that should he build the roads and connect utilities, that the needed EDU’s would be available. Mr.
Slocum stated that the County’s projection is to have 701 EDU’s (more or less) available in 2020,
which is when Mr. Cross has planned development.
President Baker thanked all staff involved.
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OPEN Session, September 18, 2018
ADJOURNMENT
Commissioner Keefer, seconded by Commissioner Barr, moved to adjourn at 7:57 p.m. The
motion passed unanimously. (4-0, Commissioner Myers was absent.)
___________________________________
Robert J. Slocum, County Administrator
___________________________________
John Martirano, County Attorney
_______________________________
Krista L. Hart, County Clerk