HomeMy WebLinkAbout190402 OPEN MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY, MARYLAND
Open Session Minutes
April 2, 2019
MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
A moment of silence was observed, followed by the Pledge of Allegiance to the Flag by the full
assemblage.
CALL TO ORDER
President Jeffrey A. Cline called the regular meeting of the Board of County Commissioners of
Washington County, Maryland, to order at 8:07 a.m. at 100 West Washington Street, Room 1113,
Hagerstown, Maryland, with the following members present: Commissioners Wayne K. Keefer,
Cort F. Meinelschmidt, and Randall E. Wagner. (Vice-President Teny L. Baker was absent.)
CONVENE IN CLOSED SESSION
Commissioner Meinelschmidt, seconded by Commissioner Keefer, moved to convene in closed
session at 8:08 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 consult with counsel to obtain legal advice on a
legal matter; to consult with staff, consultants, or other individuals about pending or potential
litigation, in accordance with Section 3-305(b )(1 ), (7), and (8) of the General Provisions Article
of the Annotated Code of Maryland. The motion passed unanimously (4-0, Vice-President Baker
was absent.)
In closed session, the Commissioners discussed the potential appointment of specific individuals
to several boards and committees over which the Commissioners have appointing authority and
discussed several specific employment recommendations with staff concerning the filling of
certain personnel vacancies. The Commissioners provided staff with direction concerning the
appointments and employment matters. The Commissioners discussed a pending litigation matter
to which the County is not a party and provided staff with direction in regards thereto. The
Commissioners also received legal advice from the County Attorney's Office concerning the
County's rights and remedies, if any, arising from a contractual agreement.
Vice-President Baker joined the meeting at 8:16 a.m.
Present during closed session were Commissioners Jeffrey A. Cline, Teny L. Baker, Wayne K.
Keefer, Cort F. Meinelschmidt, and Randall E. Wagner. Also present were Robert J. Slocum,
County Administrator; Krista L. Hart, County Clerk; Kirk C. Downey, County Attorney; and
Kendall McPeak, Deputy County Attorney; and at various times Deb Peyton, Director, Health and
Human Services; Dave Hays, Director, Division of Emergency Management; Dan DiVito,
Director, Environmental Management; Corinne Guglielmini, Executive Director, Housing
Authority of Washington County; Ashley Holloway, Director, Division of Plan Review and
Permitting; Randy Kretzer, Assistant Supervisor, Southern Section, Highway Department; and,
Sky Spradlin, Supervisor, Southern Section, Highway Department.
RECONVENE IN OPEN SESSION
Commissioner Wagner, seconded by Commissioner Keefer, moved to reconvene in open session
at 9:50 a.m. The motion passed unanimously.
RECESS
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OPEN Session, April 2, 2019
The Commissioners recessed at 9:50 a.m. and returned to the meeting at 10:03 a.m.
COMMISSIONERS' REPORTS AND COMMENTS
Vice-President Baker had the opportunity to attend the Fort Ritchie Community Center Breakfast
in Cascade, Maryland, on Saturday; adding that he enjoyed spending time with the children and
thanked staff for the tour; he also thanked Buck Browning for the invitation. Commissioner Baker
shared that while on his tour, he noticed that some deteriorated vacant buildings at Fort Ritchie
had lights on. Rob Slocum, County Administrator, will have staff respond.
Commissioner Keefer shared that he also attended the Fort Ritchie Community Center breakfast
and added that it was a great opportunity to meet with citizens and Board members. He appreciated
being able to participate in the youth development programs.
Commissioner Wagner also attended the Fort Ritchie Community Center breakfast, adding that it
was very relaxing and informative. Commissioner Wagner asked staff to consider a news bulletin
every quarter showing positive actions taken by the County.
Commissioner Meinelschrnidt congratulated his parents for celebrating their 50th wedding
anniversary. He added that on Saturday at I 0:30 a.m., he will be attending a fundraising event and
will be rappelling from the Alexander House. Additionally, he and other church members will be
dining at 28 South on Sunday as part of the downtown Hagerstown support.
President Cline shared that last week, he had the pleasure of attending the Vietnam War Veterans
Memorial Ribbon Cutting with Commissioner Wagner; he thanked all those involved in bringing
the monument to Hagerstown. Additionally, he attended the film festival at the Maryland Theatre
and thanked Governor Hogan for participating. Saturday, Commissioner Cline attended the
Conococheague Little League for opening day ceremonies. He shared that Nelson Deal' s son threw
the opening pitch in honor of his father. Also, on Saturday, Commissioner Cline attended the
Kelly Moore Sheds Grand Opening; and Sunday he attended a tour of Martha's House in Hancock.
REPORTS FROM COUNTY STAFF
Division of Engineering
Scott Hobbs, Director, brought fotih information regarding the 2019 Transportation Priority letter.
He provided information regarding the priorities as outlined in the draft letter.
Commissioners reached a consensus to submit the letter to the State of Maryland Depatiment of
Transportation as drafted.
Office of Grant Management -Hotel Rental Tax Funding
Stephanie Lapole brought forth awards from the Hotel Rental Tax Fund which has met all the
criteria considered for such funding. The first award is in the amount of$!,555.55 to fund the
James Shaull Wagon Train Foundation for expenses associated with the upcoming National Pike
Festival, May 17th through May I 8th. The second award is in the amount of $1,955 to fund the
Antietam Velo Club for the upcoming Hagerstown Challenge -Senior Criterium Championship
Cycling Event on May 26th•
Division of Environmental Management
Dan Divito, Director, provided the Board with an update on the Clean County Initiative, which
includes working with elementary school children on Clean County Kids, where they leatn about
storm water management, clean county, and erosion control.
Budget and Finance
Sara Greaves, Chief Financial Officer, shared that the Washington County Budget and Finance
Department received the Government Finance Officers Association Distinguished Budget
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OPEii! Session, April 2, 2019
Presentation Award for its Annual Budget document for the fiscal year beginning July 1, 2018.
Ms. Greaves stated the document is available online and added that this is the highest form of
recognition in governmental budgeting. Ms. Greaves thanked her staff and congratulated them for
the award. The Commissioners congratulated staff in Budget and Finance and thanked all for a job
well done.
County Administrator
Rob Slocum provided an update regarding the Request for Proposal for the Accounting Services
for the Fire and Rescue Volunteer companies adding that the process is moving forward. Mr.
Slocum also congratulated Ms. Greaves and her staff for the award. Additionally, he shared that
Washington County has worked diligently to save the county money with the initiatives to include
the Clean County Initiative and the Making Connections Initiative. He thanked the Commissioners
for allowing staff to move forward with the initiatives.
County Clerk-Appointment/ Reappointment to Boards and Commissions:
Washington County Environmental Management Advisory Committee
Commissioner Keefer, seconded by Commissioner Wagner, moved to appoint Eric Sarmiento to
serve an unfulfilled term through August 31, 2020; and to appoint Merle Holsinger and Aline
Novak each to serve first full three (3) year terms from April 1, 2019, through March 31, 2022;
this is not a paid board. The motion passed unanimously.
Washington County Electrical Board of Examiners and Supervisors
Commissioner Wagner, seconded by Commissioner Meinelschmidt, moved to approve an
exception to the two-term requirement and to reappoint Terry Molnar as a Member-at-Large
designee to serve a third, two-year term through January 31, 2021; this is a paid board. The motion
passed unanimously.
Housing Authority of Washington County
Commissioner Baker, seconded by Commissioner Meinelschmidt, moved to re-appoint Nicholas
Hill, Sr., to serve a second, five (5) year term from September 1, 2019, through August 30, 2024;
reappoint Ronnie Brezler to serve an additional five (5) year term from August 1, 2019, through
July 31, 2024; and to reappoint David Pool to serve an additional five (5) year term from August
1, 2019, through July 31, 2024; this is not a paid board. The motion passed unanimously.
Emergency Services Advisory Council Appointment
Commissioner Wagner, seconded by Commissioner Keefer, moved to appoint Scott Buskirk as
Commissioner Keefer's at-large representative to serve a first three (3) year term from April 1,
2019, through March 31, 2022; this is not a paid board. The motion passed unanimously.
CITIZENS' PARTICIPATION
John Krowka, 21130 Roy's Lane, Boonsboro, Maryland, thanked the Commissioners for their
service. Mr. Krowka asked about the website updates and why the project is delayed. Also, Mr.
Krowka requested an update regarding the county's plan for workforce development in
Washington County and the Internship Program.
Neil Becker, 10811 Wyncote Drive, Hagerstown, Maryland, shared his appreciation of the county
road crew for a prompt response to the snow events. Mr. Becker also thanked the Commissioners
for partnering with the school system and that he advocates for a fully funded Board of Education
budget.
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OPEii! Session, April 2, 2019
GOVERNOR'S OFFICE FOR CHILDREN FISCAL YEAR 2020 COMMUNITY
PARTNERSHIP
Ms. Lapole requested approval of the submission of the Fiscal Year 2020 (FY20) Community
Partnership Agreement proposal to the Governor's Office for Children requesting $726,447 and to
accept the funding as awarded. The Office of Grant Management (OGM), on behalf of and at the
direction of the Local Management Board (LMB), requests approval to submit the proposal in
response to the FY20 Notice of Funding Availability.
The funding requested by the LMB includes the following programmatic strategies and their
respective vendors: Family Centered Support Services (Department of Social Services) -$69,060;
School Based Mental Health Services (Brook Lane Health Services, Inc.) -$211,560;
Disconnected Youth Program Enhancements (Western Maryland Consortium) -$52,687; Family
Strong Program (Potomac Case Management Services, Inc.) -$100,000; Washington County
Reengagement Center for Disconnected Youth (vendor to be detennined) -$119,740; Local Care
Team Coordinator (Potomac Case Management Services, Inc.)$52,000; and OGM Administration
expenses -$121,400.
Commissioner Meinelschmidt, seconded by Commissioner Baker, moved to approve the
submission of the FY20 Community Partnership Agreement proposal to the Governor's Office for
Children requesting $726,447 and to accept the awarded funding. The motion passed unanimously.
ADMINISTRATIVE OFFICE OF THE COURTS SECURITY FUNDING -APPROVAL
TO ACCEPT GRANT A WARD
Ms. Lapole and Kristin Grossnickle, Circuit Court Administrator, requested approval to accept
grant award funds in the amount of $59,650 for Circuit Court security funding. The grant award
would provide for the installation of bullet proof barrier in the Land Records portion of the
Courthouse.
Commissioner Baker, seconded by Commissioner Wagner, moved to approve the acceptance of
the grant award in the amount of$59,650 as presented. The motion passed unanimously.
EMERGENCY NUMBERS SYSTEMS BOARD -APPROVAL TO SUBMIT
APPLICATION AND ACCEPT AW ARD ED FUNDING
Allison Hartshorn, Grant Manager, Office of Grant Management, and Bardona Woods, Quality
Assurance and Training Coordinator, Division of Emergency Services, requested approval to
submit a funding request to the Emergency Number Systems Board for $61,249.53 to be used to
fund 911 customer premise equipment enhancements, maintenance, and support for one ( 1) year
to facilitate the county's implementation of Text to 911 Services; and to accept awarded funding.
Commissioner Baker, seconded by Commissioner Keefer, moved to approve the submission of a
funding request to the Emergency Number Systems Board for $61,249.53 and to accept the
awarded funding as presented. The motion passed unanimously.
PR-34 LEAVE POLICY REVISION
Deb Peyton, Director of Health and Human Services, and Kendall McPeak, Deputy County
Attorney, requested approval for PR-34 Leave Policy revisions. Ms. Peyton stated that changes
incorporated into the policy include the number of vacation carryover hours changing from 200
annually to 250; employee's vacation, sick, and personal leave will not be terminated upon an
extended illness; and the policy was revised to reflect accrual rates in hours instead of days. Ms.
Peyton shared that the policy was also updated in accordance with the Maryland Sick and Safe
Leave Act to include: sick leave accrual payout upon termination; sick leave benefit for part-time
employees; definition of family members; full and part-time employees now entitled to use up to
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OPEN Session, April 2, 2019
fmiy ( 40) hours of their accumulated sick leave per calendar year for absences that are necessary
due to domestic violence, sexual assault, or mental health attention; services from a victim services
organization; legal services or proceedings; or temporary relocation. Additionally, language was
added to the Abuse of Sick Leave section; and Administrative Leave of Absence with Pay has
been updated to include eight (8) hours of Administrative leave annually to work an election event
for the Board of Elections.
Commissioner Wagner, seconded by Commissioner Keefer, moved to approve the revisions to
Policy PR-34 as presented. The motion passed unanimously.
PR-36 TOBACCO-FREE CAMPUS POLICY REVISION
Ms. Peyton and Ms. McPeak requested approval for PR-36 Tobacco-Free Campus Policy
revisions. Ms. Peyton stated that Section IV Procedures (B) has been updated to state, "With the
exception of Black Rock Golf Course where tobacco use is permitted outdoors only, the
Washington County Agricultural Center where tobacco use is permitted outdoors only in rental
areas during scheduled events ... ".
Commissioners Baker and Meinelschmidt discussed concern regarding acceptable distance from
exterior of building to permit smoking.
Commissioner Wagner, seconded by Commissioner Meinelschmidt, moved to approve the
revision to Policy PR-36 as presented. The motion passed unanimously.
INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-19-0015} OF ONE
COMPACT TRACK LOADER AND ONE COMPACT EXCAVATOR
Rick Curry, Director, Purchasing, and Mark Bradshaw, Deputy Director, Engineering Services,
Division of Environmental Management, recommended authorizing by resolution the Department
of Water Quality to purchase one (1) John Deere 331G Compact Track Loader at a cost of
$65,037.59, and one (1) John Deere 85G Compact Excavator at a cost of$101,658.72, from Jesco,
Inc., South Plainfield, New Jersey, and to utilize another jurisdiction's contract (#032515-JDC)
that was awarded by Sourcewell (formerly National Joint Powers Alliance) to John Deere. The
existing four ( 4) pieces of equipment; a 1986 Case 580E rubber tire backhoe, 1998 Case 688 track
excavator, 1998 Case 580K rubber tire backhoe, and a 1998 Case WllB rubber tire front-end
loader, will be auctioned/sold on GovDeals.com.
The Commissioners discussed the option of leasing/renting versus purchase, due to financial
shortfalls within the County. Mr. DiVito shared that purchase of the mini-excavator would provide
financial savings versus rental. The Commissioners discussed the life expectancy and rental costs
associated with the John Deere 331G Compact Track Loader. Mr. Bradshaw shared that, with
regard to the John Deer 85G Compact Excavator, there would be no rental fees for comparison as
his department has been using old equipment and this request would be to replace four older units.
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to approve the
purchase of one (1) John Deere 331 G Compact Track Loader as presented and to delay the
purchase of the John Deere 85G until such time that information showing a return on investment
is received. The motion passed unanimously.
(Resolution No. RS-2019-06 is recorded among the Acts, Ordinances, and Resolutions of
Washington County and the original is located in the County Commissioners' Office.)
Commissioner Baker left the meeting at 10:52 a.m. and returned to the meeting at 10:54 a.m.
ETHICS ORDINANCE
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OPEN Session, April 2, 2019
The Board brought forth a previously discussed matter from March 19, 2019, concerning the Ethics
Ordinance, which is currently under review by the Board and the Washington County Ethics
Commission to address changes which must be adopted for local government compliance with the
requirements of the State's Public Ethics Law.
Commissioner Keefer stated that he would like to form an ad hoc committee to provide input on
the Ethics Ordinance and Ethics Commission, and that it would include members such as current
or retired judges, former County Commissioners ( one Republican and one Democrat), and member
of the media. He added that he would like the assignment of the ad hoc committee to be review of
the appointment method for members of the Ethics Commission and revisions to the Ethics
Ordinance, including consideration of the scope of what defines an ethics violation and screening
of the ethic complaint process. Commissioner Keefer would also like to include a member of the
Maryland Municipal League. Commissioner Meinelschmidt added that the ad hoc committee
should be required to provide the Commissioners with suggestions within ninety (90) days.
Kirk Downey, County Attorney, advised the Commissioners that the Ethics Commission has been
discussing updates to the rules and procedures to address recent concerns, particularly regarding
screening. He added there are minimum standards that are promulgated by the State of Maryland,
and noted that anything that the County would adopt into the local Ordinance would need to be
approved by the State of Maryland Ethics Commission. Mr. Downey suggested that a distinction
be kept between the Ethics Commission, an adjudicatory body versus an ad hoc committee which
would be the body making recommendations to the Commissioners as a legislative body.
Mr. Emmitt Burke, Chair of the current Ethics Commission, shared that the Commission is
strongly in favor of the review and stated that the members have agreed to maintain a position of
neutrality and asked that they not be active members of the ad hoc committee. Dr. Burke indicated
that the Commission would be glad to provide information regarding its experiences in interpreting
and practically applying the provisions of the current Ethics Ordinance.
The Commissioners discussed potential representatives or recommendations for the ad hoc
committee. Commissioner Baker suggested a member at large be part of the committee.
Commissioner Meinelschmidt, seconded by Commissioner Keefer, moved to approve the
formation of an ad hoc committee for the purpose of reviewing the Ethics Ordinance and the
appointment process for the Ethics Commission and to provide a report containing suggestions to
the Commissioners within ninety (90) days of formation; and to include the following
representatives: current and/or retired judge, member of the press, member as recommended
MML, member as recommended by MA Co, and a member at large.
Commissioner Cline stated that there is a possibility that one or more of the groups mentioned in
the motion may not wish to participate. He asked if the members listed in the motion were a
suggestion only or specific selections. Commissioner Meinelschmidt stated that his motion
included one individual from each specific group. The County Clerk was asked to contact the
specific groups for recommendations as potential appointments at a later date.
Commissioner Meinelschmidt moved to amend his prior motion to include one (1 ), no more than
three (3) members at large, seconded by Commissioner Wagner. The amendment passed
unanimously.
Commissioner Meinelschmidt, seconded by Commissioner Keefer, moved to approve the
formation of the ad hoc committee as outlined. The motion passed unanimously.
r
FISCAL YEAR 2020 (FY20) GENERAL FUND BUDGET, Draft 2
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OPEN Session, April 2, 2019
Sara Greaves, Chief Financial Officer, and Rob Slocum, County Administrator, presented the
FY20 General Fund (draft 2) Budget of$228,584,630, which includes revenues of $228.6 million,
a decrease from FYI 9 budget of $1.1 million. Mr. Slocum provided a summary of the budget to
be presented and shared that a rate hearing is scheduled for April 16th at 6:00 p.m. Additionally,
Mr. Slocum shared that the Budget Hearing is scheduled for May 14th at Kepler Theatre,
Hagerstown Community College.
Ms. Greaves shared a projected five (5) year plan showing the deficit figures for each upcoming
year and added that the county is in need of a revenue increase. She shared that Draft 2 includes a
proposed increase to prope1iy tax of $.05 per $100 of assessed value, providing revenue in the
amount of $8,600,000, in 2020, an income tax increase from 2.8% to 3%, or .20%, providing a
combined revenue of $8,600,000 in FY20. There are no proposed increases to sewer rates, water
rates, and solid waste fees in FY20; and a 3% proposed increase to solid waste in FY2 l. She added
that, as proposed, the real property tax is to increase in FY21 an additional $. 04 per $100 of
assessed value and a proposed income tax increase of .10%, providing a combined revenue of
$6,100,000. She added that the FY21 increase may be in the form of a fire tax through legislation.
Commissioner Baker shared his concern for the proposed property tax increases in FY20 and
FY2 l, and for the proposed income tax increases. The Commissioners shared concerns for the
proposed increases and discussed budget deficits.
The Commissioners reached a consensus to move forward with the proposed $.05 increase to
prope1iy tax and the proposed income tax rate change to 3 % in budget documents and for review
at the rate increase hearing. (Commissioners Baker and Keefer did not join in the consensus.)
ADJOURNMENT
Commissioner Keefer, seconded by Commissioner Wagner, moved to adjourn at 12:12 p.m. The
motion passed unanimously.
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Krista L. Hait, County Clerk