HomeMy WebLinkAbout200225-OPEN-MinutesBoard of County Commissioners of Washington County, Maryland
Open Session Minutes
February 25, 2020
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 9:01 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 Wagner, seconded by Commissioner Baker, moved to approve the minutes of
February 11, 2020. The motion passed 4-0-1, Commissioner Meinelschmidt abstained.
CONVENE IN CLOSED SESSION
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to convene in closed
session at 9:01 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 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), (4), (7), 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 local services boards over which the Commissioners have appointing authority and the
employment assignment of personnel and the filling of certain vacancies. The Commissioners also
discussed the proposal for a business organization to locate, expand, or remain in the State and
County as well as possible financing options of said business locating, expansion or other activity,
and received legal advice concerning contractual matters involving the same; the Commissioners
provided direction to Counsel with respect to those matters. Additionally, the Commissioners
discussed matters which are protected by the attorney-client privilege and/or the work-product
doctrine in order to receive legal advice on said matters.
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 Kirk C. Downey,
County Attorney/Interim County Administrator; Krista L. Hart, County Clerk; Kendall
Desaulniers, Deputy County Attorney; and at various times; Rachel Brown, Director, Human
Resources, and Sara Greaves, CFO.
RECONVENE IN OPEN SESSION
Commissioner Meinelschmidt, seconded by Commissioner Keefer, moved to reconvene in open
session at 9:57 a.m. The motion passed unanimously.
COMMISSIONERS' REPORTS AND COMMENTS
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February 25, 2020
Commissioners provided a brief insight into events attended and support provided throughout
Washington County.
Vice-President Baker would like Commissioner consideration to submit a Letter of Opposition for
the Public Solar Commission regarding the Perennial Solar application.
Commissioner Keefer shared a petition from residents of Hancock regarding opposition to the
address changes in Hancock, adding that there will be a public meeting tonight at 5pm. He
additionally shared that it has been brought to his attention by staff members that some agenda
requests are being denied and not presented to the Board as an entirety; he has requested that all
Agenda Request Forms be shared with the Commissioners, even if they are not placed on the
Agenda.
Commissioner Meinelschmidt shared updates on House Bills 1485, 1496, and 737. He requested
the Board consider submitting letters of support for each bill. Additionally, he shared his support
for an increase to the Capital Improvement funding with the Washington County Public Schools
with a match from the Board of Education. He discussed the Public Safety Training Center and
shared concern for the ability to fund the operation of said facility in future years. Commissioner
Meinelschmidt also shared his opinion by stating that the Board should consider a 5-year budget
approval for future planning.
President Cline recognized Commissioner Keefer for his participation in the Radio-A-Thon to
benefit Doey's House/Hospice and mentioned his personal involvement. He shared a thank to you
Hospice for its services.
REPORTS FROM COUNTY STAFF
Office of Grant Management
Susan Buchanan, Director, shared that up to $5,000 of Hotel Rental Tax funding has been awarded
to the Antietam Velo Club for the cost of funding the Washington County Sheriffs Office overtime
for the traffic control for the Tour of Washington County bike race planned for June 19-21 st.
Ms. Buchanan also shared that $1 ,992 of General Fund Contingency Grant funding has been
awarded to the Sharpsburg Volunteer Fire Company to assist with the cost of replacing a damaged
fire hose. The Contingency Fund grants are intended to assist organizations with unexpected and
unbudgeted expenses or emergencies. The request and organization are eligible for Contingency
Funding.
County Attorney's Office
Kirk C. Downey, County Attorney I Interim County Administrator requested consideration for the
submission of letters of support for the following matters:
Commissioner Meinelschmidt, seconded by Commissioner Keefer, moved to submit a letter of
support on behalf of the Board of County Commissioners for House Bill's 1496 & 1485. The
motion passed unanimously.
Commissioner Meinelschmidt, seconded by Commissioner Keefer, moved to submit a letter of
support on behalf of the Board of County Commissioners for House Bill 73 7. The motion passed
unanimously.
Commissioner Wagner, seconded by Commissioner Meinelschmidt, moved to submit a letter of
support on behalf of the Board of County Commissioners for House Bill 1275. The motion passed
unanimously.
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February 25, 2020
Commissioner Meinelschmidt moved to submit a letter of support for House Bill 1367; motion
failed from lack of second motion. Commissioner Meinelschmidt withdrew his motion. The
Commissioners reached a consensus to hear the matter in detail at a future meeting.
Commissioner Keefer, seconded by Commissioner Meinelschmidt, moved to submit a letter of
support for House Bill 893. The motion passed unanimously.
The Commissioners discussed the request for a letter of support of House Bill 1518 and reached a
consensus to hear the matter in detail at a future meeting.
Commissioner Wagner, seconded by Commissioner Keefer, moved to submit a letter of support
for the completion of a Hydrological Survey Study as requested by the Interagency Environmental
Health Group. The motion passed unanimously.
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to submit a letter of
support for the Town of Sharpsburg application to the Maryland Historical Trust for a portion of
the roof at Antietam Station. The motion passed unanimously.
Appointment / Reappointment to Boards and Commissions; Krista Hart, County Clerk
Board of Social Services
Commissioner Wagner, seconded by Commissioner Meinelschmidt, moved to appoint Cynthia
Brown to serve an unfulfilled term through June 30, 2020. This is NOT a paid board. The motion
passed unanimously.
Antietam Battlefield Advisory Committee
Commissioner Baker, seconded by Commissioner Meinelschmidt, moved to appoint Howard Ford
to serve a first full three-year term from March 1, 2020 through February 28, 2023 and Landon
Grove to serve an unfulfilled term through February 28, 2021. This is NOT a paid board. The
motion passed unanimously
Washington County Veterans Advisory Committee
Commissioner Wagner, seconded by Commissioner Baker, moved to appoint the following
members to each serve a first three-year term from March 1, 2020 through February 28 , 2023:
Starlene Hamilton, Gregory Edens, Teresa Spruill, and David Swain. This is NOT a paid board.
The motion passed unanimously.
County Administrator's Office
Kirk Downey, County Attorney/Interim County Administrator, presented a new position request
for an Assistant to the County Clerk and requested approval for advertisement of said position.
Commissioner Meinelschmidt, seconded by Commissioner Keefer, moved to approve the request
as presented. The motion passed unanimously.
CITIZENS' PARTICIPATION
Greg Snook, Chair, Board of Directors, Meritus Medical Center, introduced Dr. Maulik Joshi as
the new President and Chief Executive Officer of Meritus Health.
Roger Vincent, 16845 Longfellow Court, Hagerstown; Steven McDonough, 16906 Pickwick
Lane, Hagerstown, and Jessica Lumen, 16926 Alcott Road, Hagerstown, each shared opposition
to the Mobile Home Park tax.
Dr. Boyd Michael, Superintendent of Washington County Public Schools, presented challenges
faced in the local schools and additional support necessary for the students through funding
requirements.
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Lt. Josh McCauley, Washington County Sheriff's Office, and Emily Keller, Washington Goes
Purple, discussed information as previously provided by Delegate Parrott regarding the Harm
Reduction program and the Syringe Program; she requested that the Board reconsider its position
of opposition in the matter. Lt. McCauley spoke on behalf of the Washington County Sheriff's
Office, and Sheriff Doug Mullendore and shared full support of the Harm Reduction and Syringe
Program in Washington County.
Robert Zellner, Director of Client Services, Awakenings Recovery Center, Hagerstown, and Cathy
Dorman, shared support for the Syringe Program and Harm Reduction Program.
Tom Grosh, Clear Spring, MD discussed the laws surrounding gun owners and requested that the
States Attorney's office end the plea bargaining and the dismissing of gun charges in Washington
County. Additionally, he discussed the Hotel Rental Tax and address changes under the NextGen
911 project.
Kelly Fitzgerald and Brandon Bushey, 550 Highland Way, Hagerstown, shared support for the
Syringe Exchange Program and the Harm Reduction Program.
Raj Patel, 13672 Oliver Drive, Hagerstown; Mr. Patel, Red Roof Inn, and representation of the
Ecolodge, Hagerstown, discussed the Hotel Rental Tax proposed increase currently in legislation.
Craig Marley, Sabillisville, MD discussed the Fort Ritchie contract and concessions entered after
the contract of the property. Additionally, he represents an interested party in the property.
PRESENTATION OF CERTIFICATE OF RECOGNITION TO REBECCA MASSIE
LANE
The Commissioners, and Roger Fairboum on behalf of the Washington County Museum of Fine
Arts, presented Rebecca Massie Lane with a Certificate of Recognition and congratulated her for
being a recipient of the Sue Hess Maryland Arts Advocate of the Year Award.
CONTRACT AW ARD {PUR1421) ENGINEERING SERVICES
Scott Hobbs, Director, Engineering, recommended award of the Traffic Count Data Collection and
Pavement Condition Survey projects (PURI 421) to the lowest, responsible proposer, Pennoni
Associates, Inc. and Development Facilitators, Inc. (DFI), Joint Venture (N) in the amount of
$176,100.00 and $143,040.00, respectively. Mr, Hobbs added that the project will utilize available
funds from the Pavement Maintenance & Rehabilitation Program budget (RDI024) in the Capital
Improvement Plan (CIP).
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to award PUR1421 to
Pennoni Associates, Inc. and Development Facilitators, Inc. (DFI), Joint Venture (N) in the
amount of $176,100.00 and $143,040.00, respectively. The motion passed unanimously.
INTERGOVERNMENTAL COOPERATIVE PURCHASE {INTG-19-0029) PERSONAL
PROTECTIVE EQUIPMENT, EMERGENCY SERVICES
Rick Curry, Director, Purchasing, and Dave Hays, Director, Emergency Services, recommended
authorizing by Resolution, the approval for purchase of twenty-four (24) sets of Personal
Protective Equipment (PPE) (coats $1,370.60 each and pants $971.30 each) for the Division of
Emergency Services from Witmer Public Safety Group, Inc. of Williamsport, Maryland at
contracted unit prices totaling $56,205.60 based on the contract awarded by the State of New
Jersey (Solicitation #17DPP00100; New Jersey Contract T0790). Mr. Curry shared that funding is
available in the department's FY20 operating budget account 5 99999-10-11525.
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Commissioner Keefer, seconded by Commissioner Meinelschmidt, moved to authorize by
Resolution, INTG-19-0029 for the purchase of twenty-four sets of PPE in the total amount of
$56,205.60 as presented. The motion passed unanimously.
(Resolution No. RS-2020-04 is recorded among the Acts, Ordinances, and Resolutions of
Washington County and the originals are located in the County Commissioners' Office.)
BID A WARD {PUR1456) AR15 RIFLES WITH ACCESSORY BUNDLE, SHERIFF'S
OFFICE
Mr. Curry, and Captain Mark Knight, Sheriffs Office, recommended award of the contract for the
purchase of sixty-six (66) AR15 rifles with accessory bundle (PUR1456) to the responsive,
responsible bidder with the lowest price per unit of $1,450 for the Total Sum Bid of $95,700 to
Precision Firearms, of Martinsburg, West Virginia and the procurement is contingent upon the
company being registered and providing proof of being in "Good Standing" with the Department
of Assessment and Taxation. Mr. Curry shared that funds are available in the Sheriffs Office
budget, account 51-51010 for the purchase.
Commissioner Wagner, seconded by Commissioner Baker, moved to award PUR1456 to Precision
Firearms in the amount of $95,700, as presented. The motion passed unanimously.
HOTEL RENTAL TAX FUNDING REQUEST, HagerstownBMX Track
Scott Cantner, Marketing Director, and Lori Swain, Track Director, HagerstownBMX Track; and
Dan Spedden, Executive Director, Hagerstown-Washington County Convention and Visitor's
Bureau, presented a request for funding support from the Hotel Rental Tax fund in the amount of
$150,000 for direct expenses associated with the HagerstownBMX Track Capital Improvement
project.
Commissioner Wagner, seconded by Commissioner Meinelschmidt, moved to approve the request
for funding support from the Hotel Rental Tax fund in the amount of $150,000 to
HagerstownBMX, as presented. The motion passed unanimously.
SECOND QUARTER ADJUSTMENTS TO THE WASHINGTON COUNTY BOARD OF
EDUCATIONS FISCAL YEAR 2020 GENERAL FUND BUDGET
Jeffrey Proulx, Chief Operating Officer, and David Brandenburg, Executive Director of Finance,
Washington County Public Schools presented for approval, the second quarter budget adjustments
to the Board of Education's (BOE) Fiscal Year 2020 (FY20) General Fund Budget. Mr. Proulx
reviewed the changes to the budget as approved by the BOE on February 18, 2020.
Commissioner Keefer, seconded by Commissioner Wagner, moved to approve the second quarter
budget adjustments to the BOE FY20 General Fund Budget as presented. The motion passed
unanimously.
WATER AND SEWER BONDS -TERM OF BONDS
Sara Greaves, CFO, requested consensus to move forward with a 30-year term rather than the
previously used 20-year term for the FY20 bond issue for water and sewer projects only.
The Commissioners reached a consensus that additional information and discussion would be
needed on the matter.
Commissioner Wagner left the meeting at 12:07 p.m. and returned at 12: IO p.m.
PRESENTATION OF THE FY21-FY30 CAPITAL BUDGET, DRAFT TWO
Ms. Greaves and Kelcee Mace, Deputy Director, Budget and Finance, brought forth draft two of
the 2021-2030 Capital Budget for the Boards review. Ms. Greaves outlined the various portions
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February 25, 2020
of the budget where changes occurred to the proposed budget of$60,631,000. Ms. Greaves
shared that in this draft, no substantial funding changes or difference in assumption has been
made, except for an increase to tax supported bonds of $12 million.
The Commissioners asked staff to contact the Board of Education (BOE) regarding the potential
for funding contributions from the BOE.
FY21 HEALTH INSURANCE RATE INCREASE AND ALLOCATION
Ms. Greaves, Ms. Brown, and Steve Dillman, CBIZ, presented a review of the FYI 9 and FY20
medical expenses, which recommend an increase of 5% for FY21 over the FY20 budget. Ms.
Greaves proposed the employee's portion at 7.5% for the low medical plan option and 12.5% for
the high medical plan option. Additionally, the FY21 budget includes a proposed 2.5% step and a
1 % COLA. Ms. Greaves added that there will be no recommended increase to the Vision and/or
Dental portion of the insurance, to include the co-pays.
The Commissioners reached a consensus to move forward with a 5% budget increase, with the
employees portion at 7.5% and 12.5% respectively.
MOBILE HOME PARK TAX ORDINANCE FOR WASHINGTON COUNTY
Andrew Bright, Assistant County Attorney; Ms. Greaves; and Todd Hershey, Treasurer, presented
information regarding the Mobile Home Park Tax Ordinance and proposed that the Board consider
the matter of changes to the tax rate and/or a monthly cap amount prior to adopting the proposed
Ordinance.
The Commissioners discussed options to include double taxation, repealing the tax, or changes to
the tax.
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to authorize a 7.5%
fee or $20 per month, whichever is less, as seen on the tax bill. The motion passed 3-2
(Commissioner Baker and Commissioner Keefer voted "NAY").
(Ordinance No. ORD-2020-04 is recorded among the Acts, Ordinances, and Resolutions of
Washington County and the originals are located in the County Commissioners' Office.)
ETHICS ORDINANCE REVISION
Mr. Bright presented the matter of changes as recommended by the Ad Hoc Ethics Committee and
requested direction to schedule proposed revisions to the Ethics Ordinance for public hearing.
Commissioner Meinelschmidt recommended that the Commissioners be removed from the process
of appointing members and asked for consideration of said recommendation. Additionally,
Commissioner Meinelschmidt added that this matter is a subject of discussion with the State of
Mary land Ethics Commission and it would be his suggestion that the local discussion be postponed
until the State completes its review.
Commissioner Keefer recommended that the County Attorney's Office be removed from the
complaint review process by the Ethics Committee. The Commissioners discussed the potential
for community stakeholders to form a nominating committee and who that committee could consist
of.
The Commissioners reached a consensus to discuss the matter at a future meeting, pending review
by the Maryland State Ethics Commission.
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February 25, 2020
AGREEMENT BETWEEN CITY OF HAGERSTOWN AND BOARD OF COUNTY
COMMISSIONERS FOR NORTHPOINT DEVELOPMENT PROJECT ROADWAY
IMPROVEMENTS
Susan Small, Director, Business Development, and Jill Thompson, City of Hagerstown Economic
Development, recommended approval of an agreement between the City of Hagerstown (City) and
the Board of County Commissioners (County) for funding towards reconstruction of Wesel
Boulevard in Hagerstown. Ms. Small shared that the agreements confirm funding for up to
$6,000,000 and define respective role contributions from the City, County, and Developer of
Northpoint Development.
Commissioner Wagner, seconded by Commissioner Meinelschmidt, moved to approve the
agreement between the City of Hagerstown and the Board of County Commissioners for funding
towards reconstruction ofWesel Boulevard for funding up to $6,000,000 as requested. The motion
passed unanimously.
RECONVENE IN CLOSED SESSION
Commissioner Meinelschmidt, seconded by Commissioner Baker, moved to convene in closed
session at 1 :00 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 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 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), (4), (7), 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 local services boards over which the Commissioners have appointing authority and the
employment assignment of personnel and the filling of certain vacancies. The Commissioners also
discussed the proposal for a business organization to locate, expand, or remain in the State and
County, and received legal advice concerning contractual matters involving the same; the
Commissioners provided direction to Counsel with respect to those matters. Additionally, the
Commissioners discussed matters which are protected by the attorney-client privilege and/or the
work-product doctrine in order to receive legal advice on said matters.
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 Kirk C. Downey,
County Attorney/Interim County Administrator; Krista L. Hart, County Clerk; Kendall
Desaulniers, Deputy County Attorney; and at various times; Rachel Brown, Director, Human
Resources; Dave Hays, Director, Emergency Services; Oley Griffith, Volunteer Coordinator;
Jeremy Mose, Director, Environmental Management; Lindsay Rader, Bond Counsel (via phone);
Sara Greaves, CFO; Susan Small, Director, Business Development; and Dave Mason, Deputy
Director, Solid Waste.
RECONVENE IN OPEN SESSION
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to reconvene in open
session at 2:14 p.m. The motion passed unanimously.
ADJOURNMENT
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February 25, 2020
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to adjourn at 2: 15 p.m.
T=otion passed unanimously.
K1.c:Jb (fl . f-(ut
Krista L. Hart, County Clerk