HomeMy WebLinkAbout190827 OPEN MinutesWashington County
M ARYLA N D
Board of County Commissioners of Washington County, Maryland
Open Session Minutes
August 27, 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 8:03 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, Cort F. Meinelschmidt, and Randall E. Wagner.
APPROVAL OF MINUTES
Commissioner Baker, seconded by Commissioner Meinelschmidt, moved to approve the minutes of
August 13 , 2019. The motion passed unanimously.
CONVENE IN CLOSED SESSION
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to convene in closed
session at 8:04 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; and to consult with counsel to obtain
legal advice on a legal matter, in accordance with Sections 3-305(b) (1), (4), and (7), 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
local advisory committees over which the Commissioners have appointing authority and discussed
specific employment recommendations with staff. 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 interests on
contractual matters involving real estate and gave staff direction regarding these matters. The
Commissioners also discussed and received legal advice/information on the status of a pending legal
claim.
Present during closed session were Commissioners Jeffrey A. Cline, Terry 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 Attomey; Kendall McPeak,
Deputy County Attomey; Andrew Bright, Assistant County Attorney, and at various times, Susan
Small, Director of Business Development; Ashley Holloway, Director of Plan Review and
Permitting; Deb Condo, Deputy Director of Human Resources; John Pennesi, Deputy Director, Public
Works, Parks & Facilities; Todd Moser, Real Property Administrator; Scott Hobbs, Director of
Engineering; Dan Divito, Director, Environmental Management; and Oliver Terver, Plant Manager;
Mike Noll, Environmental and Public Affairs Manager, John Favazza, and Jill Benoit, Regional
Manager, with Holcim Management.
RECONVENE IN OPEN SESSION
Commissioner Keefer, seconded by Commissioner Wagner, moved to reconvene in open session at
9:56 a.m. The motion passed unanimously.
COMMISSIONERS' REPORTS AND COMMENTS
Page 2 of7
OPEN Session, August 27, 2019
Commissioners provided a brief insight into events attended and suppo1t provided throughout
Washington County community.
Commissioner Keefer recognized members of the County team, Dave Hays, Director of EMS, and
Brittany Higgins, Public Relations, for a very informative presentation during MACo. Additionally,
he requested an item be added to an upcoming agenda regarding redline zoning appeal process for
citizens.
Commissioner Meinelschmidt requested an agenda item regarding solar and potential ordinances to
include Les Knapp from the Maryland Association of Counties (MACo ).
Commissioner Wagner asked for an approximate dollar amount that the County has saved relative to
the recent reorganization and the "freeze" on certain positions, as well as the effectiveness of not
filling certain positions.
President Cline asked staff to recognize upcoming Parks and Facilities retiree, Earl Pereschuk.
REPORTS FROM COUNTY STAFF
Human Resources
Deb Condo requested approval of an upgrade for Christopher Boggs, Land Preservation Planner,
from a grade 12 to a grade 13, within the Division of Planning and Zoning, retroactive to July 16,
2019.
Commissioner Meinelschmidt, seconded by Commissioner Baker, moved to approve as presented.
The motion passed unanimously.
Ms. Condo requested approval to promote Rebecca Calimer to the position of Chief of Plan Review,
Division of Plan Review & Permitting, grade 16, step 1.
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to approve the promotion
as presented. The motion passed unanimously.
The Commissioners reached a consensus to promote Michael Nelson to the position of Maintenance
Lead Worker, grade 9, step 11.
Division of Emergency Services
Dave Chisholm provided the Board with an update on the financial status of the Smithsburg Volunteer
EMS. Jonathan Hart provided the Board with an update on the status of the SAFER grant, as well as
the candidate search process, as outlined in the grant.
Division of Engineering
Todd Moser, Real Property Administrator, and Mark Bradshaw, Deputy Director of Environmental
Management, requested that the Board place a 21.34-acre parcel on Pennersville Road into an on-site
forest conservation mitigation bank.
Commissioner Wagner, seconded by Commissioner Baker, moved to approve the request as
presented. The motion passed unanimously.
County Clerk -Boards and Commissions
Washington County Community Health Advisory Commission
Krista Hart, County Clerk, recommended the appointment of Jennifer Foltz to serve a first full three-
year term from September 1, 2019 through August 31, 2022.
Washington County Disabilities Advisory Committee
Ms. Hart recommended the appointment of Sarah Thorton to serve a first full three-year term from
September 1, 2019 through August 31, 2022.
CITIZENS' PARTICIPATION
None
Page 3 of7
OPEN Session, August 27, 2019
PROPERTY ACQUISITION FOR WIDENING OF EASTERN BOULEVARD
Mr. Moser, and Scott Hobbs, Director of Engineering, recommended approval of option agreements
for partial property acquisitions including fee simple and/or easements for 1118 Klick Way; 521, 531,
905, 907, 909, and 913 Antietam Drive, and to approve an ordinance approving said purchases and
to authorize the execution of the necessary documentation to finalize the acquisitions for the widening
of Eastern Boulevard project. Mr. Moser briefed the Board on each property to include the following
details:
1118 Klick Way
(Commercial)
521 Antietam Drive
531 Antietam Drive
2,012 sq. ft. fee simple acquisition
4,895 sq. ft. temporary construction easement
1,155 sq. ft. perpetual drainage easement
978 sq. ft. temporary construction easement
1,195 sq. ft. fee simple acquisition
1,206 sq. ft. temporary construction easement
$26,600
$150
$1,300
905,907,909, and 1,041 sq. ft. temporary construction easement $700
913 Antietam Drive 349 sq. ft. perpetual drainage easement
Mr. Moser shared that the total amount of $28,750 is budgeted in the Capital Improvement Project
for Eastern Boulevard Widening.
Commissioner Wagner, seconded by Commissioner Baker, moved to approve the option agreements
for partial property acquisitions as presented, and to approve an ordinance authorizing said purchases,
and execution of the necessary documentation. The motion passed unanimously.
CLAGGETT'S MILL -DISSOLUTION OF APFO (ADEQUATE PUBLIC FACILITIES
ORDINANCE) AGREEMENT
Kirk Downy, County Attorney, presented the request of Jason Wiley, Manager of Claggett's Mill,
LC, to dissolve and rescind the Claggett's Mill APFO Agreement dated April 25, 2007. Mr. Downey
explained that, under the APFO agreement, Claggett's Mill is required to pay $22,000 per lot to
mitigate school capacity issues; however, without the agreement, the contribution required from
Claggett's Mill would be $2,891.46 per lot.
Steve Cvijanovich, Senior Project Manager, Fox and Associates, shared that there are 48 lots platted.
Section II of the development would add an additional 100 lots with a total of 148 lots on the south
side of Poffenberger Road. (101 lots would be affected by the APFO, which includes the 100 lots
unplotted plus one lot of the 48 platted which is not developed.)
Commissioners reached a consensus that further information is needed relative to school capacity.
No motion was made pending the Board's receipt of additional information as requested and
presented at a future meeting.
EXPRESS APPROVAL: FUNKSTOWN PROPOSED ANNEXATION
Steve Goodrich, Director, Planning and Zoning, requested express approval be granted to the Town
of Funkstown to allow development on annexed property in conformance with the Funkstown Town
Residential zoning on 111.19 acres. Mr. Goodrich provided the Board with information regarding
each prope1iy owner under the request, to include cun-ent zoning.
Commissioner Wagner, seconded by Commissioner Keefer, moved to grant the express approval to
the Town of Funkstown as presented. The motion passed unanimously.
Page 4 of7
OPEN Session, August 27, 2019
PUBLIC HEARING: REQUESTS BY ORGANIZATIONS TO BE ADDED TO THE LIST
OF NONPROFIT ORGANIZATIONS TO WHICH THE BOARD OF COUNTY
COMMISSIONERS MAY CONTRIBUTE FUNDS, PURSUANT TO §1-108 OF THE CODE
OF THE PUBLIC LOCAL LAWS OF WASHINGTON COUNTY, MD
President Cline convened a public hearing at 11: 12 a.m. to obtain public comment regarding requests
by various Washington County nonprofit organizations to which the Board of County Commissioners
may contribute funds, pursuant to § 1-108 List. Mr. Downey presented the letters of request received
from:
• Maryland Crime Victims' Resource Center
• Brooke's House
• Rise Up Hagerstown
• Conococheague Little League
• American Red Cross -Western Maryland Chapter
• Leitersburg Ruritan Club, Inc.
Mr. Downey explained that approval by the Board for the nonprofit organizations to be added to the
§ 1-108 list does not assure that the organizations will receive funding from the County. That decision
is made separately as a part of the Community Organization Funding process and ultimately the
County's budgetary process.
The hearing was opened for public comment. Joharm Wehrle, representing MD Crime Victims'
Resource Center, made a brief presentation to the Commissioners. The public hearing was closed at
11: 19 a.m. The meeting was opened for questions from the Commissioners, and there were none.
Commissioner Baker, seconded by Commissioner Meinelschmidt, moved to approve a resolution
adding the six (6) organizations to the§ 1-108 List as presented. The motion passed unanimously.
(Resolution No. RS-2019-16 is recorded among the Acts, Ordinances, and Resolutions of
Washington County and the original is located in the County Commissioners' Office.)
SOLID WASTE SUPERVISOR CONSOLIDATION PLAN
Dan Divito, Director of Environmental Management, and Dave Mason, Deputy Director of Solid
Waste, recommended approval of a consolidation plan for the Department of Solid Waste, to include
a new position of Superintendent of Landfill and Recycling Operations (Grade 15, non-exempt)
which would be a combination of Anthony Drury's position as current Recycling/Operations
Coordinator position and a vacant Assistant Solid Waste Director position. Additionally, Mr. Divito
shared that, in order to maintain internal equity within the Division, he has requested to change the
status of the other Superintendents to non-exempt. Mr. Divito also requested to fill a new part time
position of Customer Service Representative (Grade 11 ).
The Commissioners discussed the request and reached a consensus to make no decision and instructed
staff to bring the matter forward at a future meeting for further consideration.
APPROVAL OF THE BY-LAWS FOR THE COMMUNITY ORGANIZATION FUNDING
COMMITTEE
Susan Buchanan, Director, Office of Grant Management, and Krista Hart, County Clerk, requested
approval of by-laws, as amended, for the Community Organization Funding Committee. Ms.
Buchanan discussed the proposed changes with the Board, to include changing the member term from
a two (2) year term to a four ( 4) year term so that it runs consecutively with the Commissioners'
terms.
Commissioner Baker, seconded by Commissioner Meinelschmidt, moved to approve the by-laws for
the Community Organization Funding Committee as presented. The motion passed unanimously.
Page S of7
OPEN Session, August 27, 2019
HAGERSTOWN URBAN IMPROVEMENT PROJECT GRANT AGREEMENT AND
AMENDED SUB-RECIPIENT AGREEMENTS REVIEW AND APPROVAL
Ms. Buchanan recommended approval of sub-recipient agreements for execution to the Urban
Improvement Project (UIP) partners for consideration and formal approval by their respective Boards,
and to allow for non-substantive modifications to the sub-recipient agreements with the concurrence
of the County Attorney; and upon execution of all three sub-recipient agreements, approve the
execution of the Fiscal Year 2019 Capital Projects Grant Agreement between the State of Maryland,
and the County.
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to approve the execution
of the Fiscal Year 2019 Capital Projects Grant Agreement between the State of MD and the County.
The motion passed unanimously.
Commissioner Baker, seconded by Commissioner Meinelschmidt, moved to approve the sub-
recipient agreements for execution to the UIP partners for consideration and formal approval by their
respective Boards, and to allow for non-substantive modifications to the sub-recipient agreements
with the concurrence of the County Attorney. The motion passed unanimously.
COMMUNITY ORGANIZATION FUNDING-SERVICE PRIORITY AREAS FOR FISCAL
YEAR 2021 {FY21}
Ms. Buchanan presented the proposed service priority areas developed by the Community
Organization Funding Committee (COFC) in preparation for the FY21 application process. Ms.
Buchanan indicated that $774,000 is available for disbursement subject to any adjustments that may
be made during the budget year. The COFC developed the following six (6) service priority areas for
consideration by the County Commissioners: Arts and Culture (14%), Domestic Violence (39.6%),
Families and Children (33%), Recreation (3.5%), Seniors (8.7%), and Other (1.2%). Ms. Buchanan
stated that the COFC retains the latitude to move 10% from one category to another. The
Commissioners discussed the process involved in the disbursement of funds.
Commissioner Wagner, seconded by Commissioner Keefer, moved to approve the request as
presented. Motion withdrawn by Commissioner Wagner.
Commissioner Wagner, seconded by Commissioner Meinelschmidt, moved to approve the request as
presented with a revised available percentage of 20% of approved amounts which can be moved
between service priority areas by the COFC annually. The motion passed 4-1 (Commissioner Cline
voted "NAY")
PROPOSED PAYMENT IN LIEU OF TAXES {PILOT} AGREEMENT FOR SOLAR
HAGERSTOWN, LLC
Justin Fike, Principal for Aperture Power, requested approval for a PILOT Agreement with Solar
Hagerstown, LLC. Mr. Fike described the project as a 1 0MWac solar project called Solar Hagerstown
in Washington County, which will utilize approximately 70 acres of land adjacent to the Holcim
Cement Plant and is proposed to sell electricity to Holcim under a long-term power purchase
agreement. Mr. Fike shared that the proposed annual payment would be $6,000 per MWac of installed
capacity, beginning the year that the Project's business personal property is subject to County tax,
and would continue through the initial 35-year term of the ground lease with the landowner.
Commissioner Wagner moved to approve with amendment to include a change to $6,500 per MWac
of installed capacity for 25 years. The motion failed for lack of a second. (Commissioner
Meinelschmidt recused himself from the matter due to professional regulations.)
Page 6 of7
OPEN Session, August 27, 2019
EMEGENCY MEDICAL SERVICES (EMS) SPECIAL PROCEDURES AND AUDITING
SERVICES
Dave Hays, Director, EMS, and Kim Edlund, Director of Budget and Finance, brought forth a draft
Request for Proposals (RFP) for special procedures and auditing services of the various volunteer fire
and EMS organizations. Mr. Hays shared that Option 1 for the RFP would entail an audit based on a
set of agreed upon procedures and Option 2 would include a financial statement audit.
The Commissioners reached a consensus to move forward with the RFP, and to obtain pricing for
both options as presented.
CITY/ COUNTY MEMORANDUM OF UNDERSTANDING BRIEF
Mr. Hays, and Chief Lohr, City of Hagerstown, presented for consideration a DRAFT
Automatic/Mutual Aid Memorandum of Understanding (MOU) which would identify each elected
body's responsibility and stated commitment relative to providing the citizens of Washington County
with timely and effective emergency services.
RECESS
The meeting recessed at 12:40 p.m. and resumed at 2:04 p.m.
JOINT MEETING WITH THE CITY OF HAGERSTOWN MAYOR AND COUNCIL
A joint meeting of Board of County Commissioners of Washington County, Maryland and the City
of Hagerstown Mayor and Council was held at 100 West Washington Street, Suite 1113, Hagerstown.
In attendance were Commissioners Jeffrey A. Cline, Terry L. Baker, Wayne K. Keefer, Cort F.
Meinelschmidt, and Randall E. Wagner. In attendance for the City of Hagerstown were Mayor Robert
E. Bruchey, II, and City Council members Kristin Aleshire, Austin Heffernan, Emily Keller, and
Shelley McIntire (Councilman Lewis Metzner was absent). Also in attendance were City
Administrator Scott Nicewarner, and City Clerk Donna Spickler.
Mayor Bruchey opened the meeting by thanking the Commissioners for hosting the joint meeting.
The agenda as proposed by the Citv of Hagerstown included:
TAX SALE PROPERTIES
Jonathan Kerns, Community Development Manager, and Paul Fulk, Code Administration, presented
information regarding several vacant properties which remain unsold during tax sales and discussed
a proposed solution, modeled after Dorchester County's Tax Sale Property Repmpose Program.
The Commissioners discussed options for implementing a pilot program to work with the City of
Hagerstown to reduce the number of vacant properties in the City of Hagerstown. Staff will continue
to discuss the matter and return at a later date with a more-definite proposal.
ANNUAL PAYMENT FOR CONSOLIDATED COMMUNICATIONS CENTER
Dave Hays, Director of EMS, discussed an annual payment of$400,000 from the City of Hagerstown
to Washington County for the consolidated communications center, which includes two (2) City of
Hagerstown Police Department staff members. Agreement was reached that there has been no found
document or contract which stipulates the terms requiring the $400,000 payment; Commissioners and
Town Council members reached a consensus that further discussion at a staff level will need to be
held relative to a resolution prior to bringing the matter forth for Commissioner/Council review.
AUTOMATIC AND MUTUAL AID FIREFIGHTING, RESCUE, AND EMS AGREEMENT
Chief Steve Lohr and Director Hays discussed a DRAFT Automatic/Mutual Aid Memorandum of
Understanding (MOU) with the City of Hagerstown, which would identify each elected body's
responsibility and stated commitment relative to providing the citizens of Washington County with
timely and effective emergency services.
Page 7 of 7
OPEN Session, August 27, 2019
Council Member Emily Keller asked that tax differential and funding, relative to EMS and Fire, be
discussed at a future meeting.
MEDIUM-RANGE GROWTH AREA (MRGA) AND ECONOMIC DEVELOPMENT
GOALS
City Administrator Scott Nicewarner introduced the matter and asked that Kathy Maher, Planning
Director, provide additional info1mation.
Ms. Maher and Steve Goodrich, Director of Washington County Planning and Zoning, provided the
Town Council and Commissioners with information relative to the wastewater exemption requests
which have been submitted for properties beyond the MGRA. Mr. Goodrich discussed areas as
covered by the MGRA and areas as covered by the County's Urban Growth Area, sharing that joint
discussion is underway with the City of Hagerstown in attempts to find a resolution for those parcels.
ADJOURNMENT
Commissioner Wagner, seconded by Commissioner Baker, moved to adjourn at 3 :40 p.m. The motion
passed unanimously.
Krista L. Hart, County Clerk