HomeMy WebLinkAbout190716 OPEN MinutesBoard of County Commissioners of Washington County, Maryland
Open Session Minutes
July 16, 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 9:33 a.m. at 100 West Washington Street, Room 1113,
Hagerstown, Maryland, with the following members present: Vice President Terry L. Baker and
Commissioners Wayne K. Keefer, Co1i F. Meinelschmidt, and Randall E. Wagner.
APPROVAL OF MINUTES
Commissioner Baker, seconded by Commissioner Meinelschmidt, moved to approve the minutes of July
9, 2019. The motion passed 4-1, Commissioner Wagner abstained.
CONVENE IN CLOSED SESSION
Commissioner Baker, seconded by Commissioner Meinelschmidt, moved to convene in closed session at
9:34 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 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; to
consult with staff, consultants, or other individuals about pending or potential litigation, in accordance
with Sections 3-305(b )(1 ), ( 4), (7), and (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
advisory committee over which the Commissioners have appointing authority; discussed a specific
employment recommendation with staff; and received information regarding the employment status of a
specific employee and gave staff further direction regarding the matter. Also, the Commissioners received
information regarding the proposals for business organizations to locate, expand, or remain in the State.
Additionally, the Commissioners received legal advice concerning property rights and contractual rights
and gave staff direction regarding these matters. The Commissioners were also updated on the status of
pending or potential litigation.
Present during closed session were Commissioners Jeffrey A. Cline, Terry L. Baker, Wayne K. Keefer,
Co1i F. Meinelschmidt, and Randall E. Wagner. Also present were Robert J. Slocum, County
Administrator; Krista L. Hart, County Clerk; Kirk C. Downey, County Attorney; Kendall McPeak, Deputy
County Attorney, and at various times Andrew Bright, Assistant County Attorney; Deborah Condo,
Deputy Director, Human Resources; Ashley Holloway, Director of Plan Review and Permitting; Jonathan
Horowitz, Business Leader, Business Development; Garrison Plessinger, Director of Hagerstown
Regional Airport; Scott Hobbs, Director of Engineering; Todd Moser, Real Property Administrator;
Andrew Eshleman, Director of Public Works; John Pennesi, Deputy Director of Parks and Recreation;
Dave Hays, Director of Emergency Services (DES); Dave Chisholm, Assistant Director, DES; Todd
Smith, Vice-President, WCVFRA; Joanie Gerber, President, Smithsburg EMS; and Bruce Poole, Esquire,
and Kathy Poole, The Poole Law Group.
RECONVENE IN OPEN SESSION
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OPEii! Session, July 16, 2019
Commissioner Wagner, seconded by Commissioner Meinelschmidt, moved to reconvene in open session
at 11 :58 a.m. The motion passed unanimously.
COMMISSIONERS' REPORTS AND COMMENTS
Vice-President Baker thanked all participants at the Agricultural Education Center Expo.
Commissioner Keefer shared that he attended the second Ad Hoc Ethics Ordinance Review Committee.
President Cline made note of several events he attended in support of Washington County.
REPORTS FROM COUNTY STAFF
Division of Engineering
Scott Hobbs, Director, shared that he will be attending the evening meeting in Sharpsburg.
Washington County Detention Center
Major Craig Rowe, Warden, provided the Commissioners with an update on the status of the former
Comprehensive Health Care Services for Inmates contract, as requested in the June 11 th meeting. Major
Rowe shared that he initiated contact with the Regional Vice President to discuss payment for services
not rendered but was unsuccessful in his effort. He advised the Board that he cmTently holds a final invoice
in the amount of$122,559.35.
Commissioners reached a consensus to submit a letter stating the County intends to withhold payment in
the amount of$122,559.35 until negotiation effort is made regarding the discrepancy in services provided.
County Administrator
Rob Slocum discussed the transition of the 911 Emergency Services to the back up location at 100 West
Washington Street. He noted that proactive actions of Brennan GaJTett, Engineering and 911 staff have
created an effective transition. He reminded staff of an evening meeting in Sharpsburg at 6:00 p.m.
CITIZENS' PARTICIPATION
None
COMMUNITY COALITION RECAP
Paul Frey, President/CEO, Washington County Chamber of Commerce, and Jim Kercheval, Executive
Director, The Greater Hagerstown Committee, presented an update on the 2019 legislation promoted by
the Community Coalition, of which the County is a member.
CONVENE AS THE BOARD OF HEALTH
Commissioner Baker, seconded by Commissioner Meinelschmidt, moved to convene as the Board of
Health at 12:38 p.m. The motion passed unanimously.
A WARD OF THE MOBILE FARMERS' MARKET
Earl Stoner, Deputy Health Officer, and Daniel Triplett, Administrator, Washington County Health
Department, recommended award of the Mobile Farmers' Market project to Edward Kilpatrick,
Boonsboro, in the amount of $62,000; grant award in the amount of $135,000 has been received by the
MD Department of Health.
Commissioner Baker, seconded by Commissioner Keefer, moved to award the Mobile Farmers' Market
project as presented. The motion passed unanimously.
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OPEN Session, July 16, 2019
AW ARD OF PERSONAL RESPONSIBILITY EDUCATION PROGRAM FOR THE
WASHINGTON COUNTY HEALTH DEPARTMENT
Mr. Stoner and Mr. Triplett recommended award of the Personal Responsibility Education Program for
July 1, 2019 -June 30, 2020 to Girls, Inc. of Hagerstown, in the amount of$35,000; grant award in the
amount of $55,000 has been received from the MD Department of Health.
Commissioner Baker, seconded by Commissioner Meinelschmidt, moved to award the Personal
Responsibility Education Program as presented. The motion passed unanimously.
A WARD OF THE SEXUAL RISK AVOIDANCE EDUCATION PROGRAM FOR 6™ GRADERS
PROGRAM
Mr. Stoner and Mr. Triplett recommended award of the Sexual Risk Avoidance Education Program for
July 1, 2019 -June 30, 2020 to Girls, Inc. of Hagerstown, in the amount of$68,000; grant award in the
amount of$107,877 has been received from the MD Department of Health.
Commissioner Meinelschmidt, seconded by Commissioner Keefer, moved to award the Sexual Risk
Avoidance Education Program as presented. The motion passed unanimously.
RECONVENE IN REGULAR SESSION AS THE BOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Commissioner Wagner, seconded by Commissioner Meinelschmidt, moved to reconvene in regular
session as the Board of County Commissioners of Washington County at 12:44 p.m. The motion passed
unanimously.
BUDGET TRANSFER FOR FIRE TRUCK REPAIR -AIRPORT
Garrison Plessinger, Director of Hagerstown Regional Airport, recommended approval of a budget
transfer in the amount of $145,000 to EQP03 l -Capital Equipment, Airport for repair to a fire truck.
Commissioner Wagner, seconded by Commissioner Baker, moved to approve the budget transfer in the
amount of $145,000 as requested. The motion passed unanimously.
BUDGET TRANSFER FOR COMP ACTOR REPAIR-SOLID WASTE
Dave Mason, Deputy Director of Solid Waste, recommended approval of a budget transfer in the amount
of $249,800 to VEH0l 1 -SW Equipment/Vehicle Replacement for repair to the Caterpillar 826H
Compactor.
Commissioner Keefer, seconded by Commissioner Wagner, moved to approve the budget transfer in the
amount of $249,800 as requested. The motion passed unanimously.
APPROVAL OF THE BYLAWS OF THE BUILDING CODE BOARD OF APPEALS
Rich Eichelberger, Director of Construction, and Krista Hart, County Clerk, recommended approval of
the bylaws as revised for the Building Code Board of Appeals.
Commissioner Keefer thanked Ms. Hart for her efforts in renewing Boards and Commissions as necessary.
Commissioner Keefer, seconded by Commissioner Wagner, moved to approve the bylaws as presented.
The motion passed unanimously.
APPROVAL OF THE BYLAWS OF DIVERSITY AND INCLUSION COMMITTEE
Arthur Hicks, Chair, and Ms. Hart, recommended approval of the bylaws as revised for the Diversity and
Inclusion Committee. Revisions include the addition of a non-voting, ex-officio, City of Hagerstown
Council person.
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OPEN Session, July 16, 2019
Commissioner Keefer, seconded by Commissioner Baker, moved to approve the bylaws as presented. The
motion passed unanimously.
REJECTION OF CONTRACT RENEW AL {PUR1387} -RECYCLING DROP OFF CENTER
SERVICES
Brandi Naugle, Buyer, Purchasing, and Mr. Mason, recommended that the bid renewal for contract
PUR 13 87 with Apple Valley Waste Services, Inc. of Kearneysville, WV be denied based on its letter
dated May 14, 2019 requesting an increase of257% for FY20; services will be resolicited.
Commissioner Wagner, seconded by Commissioner Keefer, moved to reject contract PUR1387 as
presented. The motion passed unanimously.
REJECTION OF CONTRACT RENEW AL {PUR1388} -TRANSFER STATIONS, ON-SITE AT
FORTY WEST LANDFILL AND CARDBOARD TRANSPORTS
Ms. Naugle and Mr. Mason recommended that the bid renewal for contract PURl388, also with Apple
Valley Waste Services, be denied based on its letter dated May 1, 2019 requesting an increase for FY20,
and to extend the contract at the current contract rates for a one (1) month period beginning August 1,
2019 to solicit new pricing.
Commissioner Wagner, seconded by Commissioner Meinelschmidt, moved to reject contract PUR1388,
and to extend the cmTent contract for one (1) month as presented. The motion passed unanimously.
The Commissioners recessed at 1:02 p.m. and returned to the meeting at 1:15 p.m.
SMITHSBURG EMERGENCY MEDICAL SERVICES {SEMS} UPDATE
Dave Hays, Director, Emergency Services (EMS); Dave Chisholm, Assistant Director, EMS; Todd Smith,
Vice-President, Washington County Volunteer Fire and Rescue Association; and Joanie Gerber, President,
SEMS, provided the Board with an update on the SEMS staffing and financial efforts; as well as business
inefficiencies found.
Commissioners discussed future accounting review for other Fire and EMS agencies tlu·oughout
Washington County and a need for future audits of same.
Vice-President Baker left the meeting at 1:41 p.m. and returned during Closed Session at 2:08 p.m.
RECONVENE IN CLOSED SESSION
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to reconvene in closed session
at 1 :43 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 consult with counsel to obtain legal advice on a legal matter; to consult with staff,
consultants, or other individuals about pending or potential litigation, and to comply with a specific
constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a
particular proceeding or matter, in accordance with Sections 3-305(b) (1), (7), (8), and (13) 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 received information regarding employment status of specific
individuals. The Commissioners also received legal advice/information on certain matters, including
potential legal action, alternative dispute resolution, and reviewed a legal document with Counsel.
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
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OPEN Session, July 16, 2019
Administrator; Krista L. Hart, County Clerk; Kirk C. Downey, County Attorney; and Kendall McPeak,
Deputy County Attorney.
RECESS
The Commissioners recessed at 2:57 p.m.
EVENING MEETING -TOWN OF SHARPSBURG
The evening session of the regular meeting of Board of County Commissioners of Washington County
was held at Sharpsburg Town Hall, 106 East Main Street, Sharpsburg.
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 evening session of the regular meeting of the Board of County
Commissioners of Washington County, Maryland, to order at 5:59 p.m. with the following members
present: Vice President Terry L. Baker and Commissioners Wayne K. Keefer, Cort F. Meinelschmidt, and
Randall E. Wagner. Also present: Kirk C. Downey, County Attorney, Robert J. Slocum, County
Administrator, and Krista L. Hart, County Clerk.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioners thanked the Council for hosting the evening meeting. Commissioners Baker, Keefer, and
Cline shared that they participated in the Sharpsburg Parade.
REPORTS FROM COUNTY STAFF
In attendance was Doug Levine, Skye Spradlin, and Zane Rowe, Highway Department; Dan DiVito,
Environmental Management; Tom Brown, and Oley Griffith, Emergency Management; Jonathan
Horowitz, Business Development; Ashley Holloway, Plan Review and Permitting; Scott Hobbs and Blair
Reynolds, Engineering; Rich Eichelberger, Construction, and Andrew Eshleman, Public Works.
Environmental Management
Mr. Divito provided information regarding the current process of bagged fire hydrants in the Town of
Sharpsburg. He shared that this routine maintenance will include the removal of the water tank, cleaning,
resurfacing, fill and disinfection of the tank. The service is expected to be completed July 30th with no
interruption of service to the community.
Division of Construction
Mr. Eichelberger provided an update on the Sharpsburg Elementary School project.
Division of Engineering
Mr. Hobbs provided an update on the roads involved in the South County flood. Mr. Reynolds provided
an update regarding Pavement Maintenance projects.
Division of Plan Review and Permitting
Mr. Holloway shared that Tasha Shifflett has recently been promoted to the position of Permit Technician.
County Administrator
Mr. Slocum discussed several changes to the Division of Planning and Zoning, to include the promotion
of Chris Boggs. He also discussed the upcoming advertising of positions within that Division.
MAYOR AND TOWN COUNCIL COMMENTS
Russ Weaver, Vice-Mayor, discussed County's involvement in unpermitted short-term rentals. Mr.
Holloway shared that his team has been involved in that matter.
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OPEN Session, July 16, 2019
Mr. Weaver also discussed the future of solar energy farms and the effect they may have on the
environment. Commissioners responded to Mr. Weavers concern by addressing the State mandates, MD
Public Service Commission requirements, and County regulations on Solar Energy, and PILOT programs.
CITIZENS' PARTICIPATION
Oscar Evans, 16943 Sprecher Road, Sharpsburg, discussed various decisions made by the County
Commissioners and shared his dissatisfaction with said decisions.
Keny Anderson, 205 South Church Street, Sharpsburg, discussed traffic issues on Burnside Bridge Road.
Amy Vincent, 138 West Main Street, Sharpsburg, discussed unpermitted, untaxed short-term rentals,
adding that she cunently runs a permitted bed and breakfast.
Chris Vincent, 138 West Main Street, Sharpsburg, asked if there are any grants or funding that the County
could provide to the Town of Sharpsburg to assist with sidewalk repair, or any type of beautification due
to high quantity of tourists and visitors to the Antietam National Battlefield.
ADJOURNMENT
Commissioner Wagner, seconded by Commissioner Keefer, moved to adjourn at 7:04 p.m. The motion
passed unanimously.
~u;0 -uJ.J~
Krista L. Hart, County Clerk