HomeMy WebLinkAbout191022 OPEN MinutesBoard of County Commissioners of Washington County, Maryland
Open Session Minutes
October 22, 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 8:05 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 Keefer, moved to approve the minutes of
October 15, 2019. The motion passed unanimously.
CONVENE IN CLOSED SESSION
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to convene in closed
session at 8:06 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; and to comply with specific constitutional, statutory, or judicially
imposed requirement that prevents public disclosures about a particular proceeding or matter, in
accordance with Sections 3-305(b)(l), (4), (7), (8), and (13) 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 and a local board over which the Commissioners have appointing
authority. They also discussed specific employment requests and recommendations and gave staff
further direction regarding specific individuals and positions pertaining to said requests and
recommendations. The Commissioners received information regarding proposals for business
organizations to locate, expand, or remain in the State. Also, the Commissioners discussed and
received legal advice/information on certain matters protected by the attorney-client privilege and
the attorney-work product doctrine, including pending litigation, other pending legal matters, and
potential litigation.
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 Krista L. Hart, County
Clerk; Kirk C. Downey; County Attorney; Kendall McPeak, Deputy County Attorney; Andrew
Bright, Assistant County Attorney, and at various times Robert J. Slocum, County Administrator;
Deb Condo, Deputy Director, Human Resources; Ashley Holloway, Director, Plan Review and
Permitting; Dan DiVito, Director, Environmental Management; Susan Small, Director, Business
Development; Rachel Brown, Director, Human Resources; Garrison Plessinger, Director,
Hagerstown Regional Airport; and John Pennesi, Deputy Director, Parks and Facilities.
RECONVENE IN OPEN SESSION
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OPEN Session, October 22, 2019
Commissioner Wagner, seconded by Commissioner Keefer, moved to reconvene in open session at
9:56 a.m. The motion passed unanimously.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioners provided a brief insight into events attended and support provided throughout
Washington County community.
Commissioner Keefer discussed an offer from Mrs. Hershey for a tour of Rosehill Manor,
Williamsport, and asked that staff proceed with scheduling. He added that the Historical Advisory
Committee will be coming before the Board to provide an update. Additionally, Commissioner
Keefer shared that he was contacted by Judith Byron, citizen of the Cearfoss community, regarding
an upcoming Public Service Commission (PSC) hearing concerning the proposed solar project
planned for her neighborhood. Ms. Byron has requested that the Commissioners submit a letter of
support for a postponement of said hearing, which may allow time for the County's Planning
Commission to provide recommendations on solar projects and the placement, and secondly, that
the Commissioners become a part of the PSC hearings regarding any proposed solar projects in
Washington County.
Commissioner Wagner welcomed the students in attendance for Student Government Day. He also
congratulated Washington Chicken for being recognized as Comptroller Franchot's Facebook Best
Chicken Sandwich.
Commissioner Meinelschmidt shared that he would like to have the County Ordinance set prior to
the Public Hearing of the PSC.
President Cline shared that Ray Gladhill passed away, adding that Mr. Gladhill was a 30-year
County highway employee who retired in 2009. Additionally, President Cline discussed the October
11, 2019 letter from Bruce Bereano offering to represent the Commissioners as their government
relations consultant and lobbyist in Annapolis during the upcoming 2020 session of the General
Assembly, at the proposed fee of $10,000. Commissioners Baker and Keefer shared their support
for the local lobbying coalition group.
Vice-President Baker inquired as to the procedure for processing of daily Commissioner mail.
REPORTS FROM COUNTY STAFF
Human Resource Personnel Requests; Rachel Brown, Director of Human Resources
Structural Engineer, Division of Engineering
Commissioner Wagner, seconded by Commissioner Meinelschmidt, moved to approve the
advertisement of this position (Grade 15, Step 1, $59,634). This position is vacant due to the
resignation of John Van Riper on September 27, 2019. The motion passed unanimously.
Division of Plan Review and Permitting
Ashley Holloway, Director, presented information regarding a reorganization within his office and
two positions created as a result. He shared that the position of Planner (Grade 12, Step 1), and the
position of Permit and Zoning Coordinator (Grade 12, Step 1) would be a combination of other
vacant positions.
Administration Office
Machelle Dwyer, Administrative Support Specialist, introduced the students participating m
Student Government Day.
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OPEN Session, October 22, 2019
Commissioner Meinelschmidt shared that no response to the request for support of a postponement
of the PSC hearing had been given.
Commissioner Meinelschmidt, seconded by Commissioner Keefer, moved to submit a letter of
request for the postponement of the Public Service Commission hearing regarding the proposed
solar facility in Cearfoss. The motion passed unanimously.
Appointment/ Reappointment to Boards and Commissions; Krista Hart, County Clerk
Washington County Environmental Management Advisory Committee
Commissioner Baker, seconded by Commissioner Meinelschmidt, moved to re-appoint Rebecca
Beecroft and Dennis Cumbie to each serve a first full, three (3) year term from October 1, 2019
through September 30, 2022; this is not a paid board. The motion passed unanimously.
Washington County Electrical Board o[Examiners and Supervisors
Commissioner Meinelschmidt, seconded by Commissioner Baker, moved to re-appoint Daniel
Sterling to serve a second, two (2) year term as the Member-at-Large, from November 1, 2019
through October 31, 2021; this is a paid board. The motion passed unanimously.
CITIZENS' PARTICIPATION
Roger Vincent, 16845 Longfellow Court, Hagerstown, requested that the mobile home tax be
abolished.
Steven McDonough, 16906 Pickwick Lane, Hagerstown, asked the Commissioners for an update
on the status of the mobile home tax review. Commissioner Meinelschmidt shared that the
Commissioners have taken the matter under review and will provide an update at a future meeting.
PRESENTATION OF PROCLAMATION RECOGNIZING MARY BAYKAN
Commissioner Cline presented a proclamation to Mary Baykan in recognition of her twenty-five
(25) years of service as Library Director for the Washington County Free Library.
PRESENTATION OF PROCLAMATION RECOGNIZING OCTOBER20-26TH AS
ECONOMIC DEVELOPMENT WEEK
Commissioner Wagner presented a proclamation to Susan Small and Department of Business
Development staff members in celebration of Economic Development Week.
REQUEST TO ABANDON SANITARY EASEMENT
Todd Moser, Real Property Administrator, Engineering, and Mark Bradshaw, Deputy Director,
Environmental Management, Water Quality, requested the abandonment of sewer easement located
at 16144 Elliott Parkway, Williamsport, Maryland, at the request of Maryland Paper.
Commissioner Wagner, seconded by Commissioner Meinelschmidt, moved to approve the request
to abandon the sewer easement as presented. The motion passed unanimously.
SUBDIVISION OF FORT RITCHIE COMMUNITY CENTER
Mr. Moser, and Andrew Eshleman, Director of Public Works, recommended approval of the
subdivision of Fort Ritchie Community Center. Mr. Moser explained that the subdivision would
include the Community Center building and 3.766 acres+/-at Fort Ritchie.
Commissioner Wagner, seconded by Commissioner Meinelschmidt, moved to approve the
subdivision of the Fort Ritchie Community Center as presented. The motion passed unanimously.
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OPEN Session, October 22, 2019
WASHINGTON COUNTY COMMUNITY COALITION REQUEST FOR SUPPORT
Paul Frey, President of the Washington County Chamber of Commerce, and Jim Kercheval,
Executive Director of the Greater Hagerstown Committee (GHC), presented a request for a $10,000
contribution from the County Commissioners toward the Community Lobbying Coalition
(Coalition). Coalition partners include the Convention Center and Visitors Bureau, GHC, City of
Hagerstown, Washington County Free Library, Washington County Public Schools, Chamber of
Commerce and Hagerstown/Washington County Industrial Foundation, Inc. (CHIEF), whose
purpose is to advocate for local and State initiatives during the 2020 General Assembly session by
hiring a lobbyist for representation in Annapolis.
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to approve a $10,000
contribution to the Washington County Community Coalition as presented. The motion passed
unanimously.
BID A WARD (PUR-1443) BULK DELIVERY OF ROAD SALT
Brandi Naugle, Buyer, Purchasing, and Zane Rowe, Deputy Director, Highways, recommended
award of the contract for the purchase/delivery of Bulk Road Salt (PUR1443) to the responsible,
responsive bidder, Morton Salt, Inc. of Chicago, Illinois, at the lowest bid price of $61.80 per ton.
The salt would be purchased on an as-needed basis to be used on County maintained roads for snow
and ice control. Ms. Naugle indicated that the County uses an average of fifteen thousand (15,000)
tons ofroad salt annually. The contract period would tentatively begin on October 1, 2019 and end
April 30, 2020, and the County guarantees neither a minimum/maximum quantity of bulk road salt
to be purchased under this contract. Ms. Naugle added that this recommendation would be for the
County's requirements only; the City of Hagerstown shall make its award independently from the
County. Funds are budgeted in various accounts for the product.
Commissioner Baker, seconded by Commissioner Keefer, moved to award the contract for the
purchase/delivery of Bulk Road Salt to the responsible, responsive bidder, Morton Salt, Inc. of
Chicago, IL, at the lowest price submitted of $61.80 per ton. The motion passed unanimously.
ALLEGIANT DE-ICING/ANTI-ICING AGREEMENT
Kirk Downey, County Attorney, and Garrison Plessinger, Director, Hagerstown Regional Airport,
recommended approval of the annual De-Icing / Anti-Icing Airport Services Agreement to
Allegiant Airlines, at a rate of $120 per event plus materials; estimated revenue for this season is
$7,000.
Commissioner Wagner, seconded by Commissioner Baker, moved to approve the annual agreement
with Allegiant Airlines for the De-Icing I Anti-Icing services at $120 per event plus materials. The
motion passed unanimously.
PASSENGER TERMINAL EXP ANSI ON-APPROVAL TO ACCEPT A WARDED
FUNDING
Mr. Plessinger and Allison Hartshorn, Grant Manager, Office of Grant Management, recommended
acceptance of the awarded funding from the Federal Aviation Administration in the amount of
$1,000,000 which will be used to reimburse Washington County for the purchase of two properties
at 14231, and 14235 Oak Springs Road, and the professional services for TopFlight Airpark
Runway Visibility Zone, Grove Farm Demolition, the DBE Plan Update and the construction phase
services associated with the Terminal Building Expansion. Ms. Hartshorn shared that there is a 5%
match association with this grant, in the amount of $55,556 which is approved in the Airport's
Capital Project budgets LAN018 and BLD082.
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OPEN Session, October 22, 2019
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to accept the awarded
funding from Federal Aviation Administration, in the amount of $1,000,000 as presented. The
motion passed unanimously.
COMMUNITY ORGANIZATION FUNDING -CAPITAL EXPENSES
Susan Buchanan, Director, Office of Grant Management, presented information pertaining to a
request to expand the Community Organization Funding Grant eligibility to allow the funding of
capital projects or assets. Ms. Buchanan stated that currently, the guidelines consider those requests
as ineligible. Capital assets include land, improvements to land, easements, buildings, building
improvements, vehicles, machinery, equipment, and all other tangible and intangible assets that are
used in operations and have initial useful lives extending beyond a two-year reporting period.
Commissioners discussed the options and changes as presented, to include potential requests for
capital projects or assets.
Commissioner Meinelschmidt, seconded by Commissioner Keefer, moved to approve the request
to allow the funding of capital projects or assets in the Community Organization Funding guidelines
as requested. The motion failed (2-3, President Cline, Vice-President Baker, and Commissioner
Wagner voted "NAY").
Ms. Buchanan was asked to bring the matter forward for further discussion to permit additional
review time.
PROPOSED AMENDMENTS TO THE WASHINGTON COUNTY ZONING
ORDINANCE TO INCLUDE AIR BNB TYPE LODGING
Ashley Holloway, Director of Plan Review and Permitting, and Jill Baker, Deputy Director of
Planning and Zoning, briefed the Commissioners on proposed amendments to the Washington
County Zoning Ordinance to include Airbnb type lodging to residential buildings. Mr. Holloway
shared that the County would not have purview over zoning requirements in the local
municipalities. The Commissioners discussed adjustments to the ordinance as presented and
instructed staff to move the matter forward for additional discussion.
CONTRACT A WARD {PUR1439) INVESTMENT GRADE ENERGY AUDITS
Rick Curry, Director, Purchasing, and Scott Hobbs, Director, Engineering, recommended award of
the Investment Grade Energy Audits (PUR1439) to the responsive, responsible proposer, Schneider
Electric, Hagerstown, Maryland, for zero dollars.
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to award contract
PUR1439 to Schneider Electric, at zero dollars, as presented. The motion failed (2-3, President
Cline, Vice-President Baker, and Commissioner Keefer voted "NAY").
CONVENE IN CLOSED SESSION
Commissioner Baker, seconded by Commissioner Keefer, moved to convene in closed session at
11 :46 a.m. to consult with counsel to obtain legal advice on a legal matter and to comply with
specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures
about a particular proceeding or matter, in accordance with Sections 3-305(b)(7) and (13) of the
General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously.
In closed session, the Commissioners discussed and received legal advice/information on a pending
legal matter protected by the attorney-client privilege and the attorney-work product doctrine,
including potential litigation.
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OPEN Session, October 22, 2019
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 Krista L. Hart, County
Clerk; Kirk C. Downey; County Attorney; Kendall McPeak, Deputy County Attorney; and Andrew
Bright, Assistant County Attorney.
The Commissioners recessed at 11: 4 6 a. m. and returned to closed session at 12: 48 p. m.
RECONVENE IN OPEN SESSION
Commissioner Wagner, seconded by Commissioner Baker, moved to reconvene in open session at
12:57 p.m. The motion passed unanimously.
ADJOURNMENT
Commissioner Wagner, seconded by Commissioner Meinelschmidt, moved to adjourn at 12:57
p.m. The motion passed unanimously.
Krista L. Hart, County Clerk