HomeMy WebLinkAbout201117 OPEN MinutesBoard of County Commissioners of Washington County, Maryland
Open Session Minutes
November 17, 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 10:07 a.m. at 100 West Washington Street, Room 1113,
Hagerstown, Maryland, with the following members present: Vice-President Terry L. Baker,
Commissioner Wayne K. Keefer, Commissioner Randall E. Wagner, and Commissioner Cort F.
Meinelschmidt.
APPROVAL OF MINUTES
Commissioner Wagner, seconded by Commissioner Baker, moved to approve the minutes ofNovember
3, 2020. The motion passed unanimously.
COMMISSIONERS' REPORTS AND COMMENTS
Vice-President Baker wished all a safe Thanksgiving and shared his thoughts on the rising COVID-19
numbers.
Commissioner Keefer shared his appreciation for those citizens attending for comments. Additionally,
he thanked all Veterans who served to protect our Country.
Commissioner Meinelschmidt echoed Commissioner Keefer's comments.
Commissioner Wagner thanked those in attendance during today's meeting.
President Cline recognized several local Veteran's events and thanked all for their service; he made
special note of Vietnam Veterans Monument in Hagerstown; also adding that he and his father attended
the Veterans event at the Williamsport American Legion, Post 202. Additionally, President Cline
announced that Governor Hogan will be having a press conference at 2pm today to discuss COVID-19
Pandemic.
STAFF COMMENTS
Boards and Commissions
Agricultural Education Center
Commissioner Baker, seconded by Commissioner Meinelschmidt, moved to appoint/reappoint the
following members: reappoint Dave Moore, Darren Olden, mike Starliper, and Jeffrey Semler each to
serve a second term from November 1, 2020 through October 31, 2023; reappoint Dennis Reeder to
serve a fourth term from October 1, 2020 through September 30, 2023 with approval for exception to
the two-term limit as outlined in the by-laws; and to appoint Ryan Shank to serve a first term from
November 1, 2020 through October 31, 2023. This is NOT a paid board.
County Attorney I Interim County Administrator
Kirk Downey presented a request from MACO requesting Commissioner representation for the 2021
General Assembly Session. The Commissioners reached a consensus to select Commissioner
Meinelschmidt and President Cline as alternate.
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OPEN Session, November 17, 2020
The Commissioners reached a consensus to permit the Interim County Administrator to permit County
Offices to close at 1pm on November 25 th in observance of the Thanksgiving holiday. Those
departments considered essential will be compensated.
CITIZENS PARTICIPATION
Robert Bowman thanked the Commissioners for their consideration regarding the matter of the 2A
Resolution presentation.
Timothy Gargana shared his support for the 2A Resolution matter.
SECOND AMENDMENT RESOLUTION
Timothy and Rebecca Hafer requested approval and adoption of a Resolution Expressing Support of
the Second Amendment of the United States Constitution Declaring Washington County a Second
Amendment Sanctuary; which would provide individuals the right to keep and bear arms.
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to approve and adopt the
Resolution as presented. The motion passed unanimously.
(Resolution No. RS-2020-34 is recorded among the Acts, Ordinances, and Resolutions of Washington
County and the originals are in the County Commissioners' Office.)
PUBLIC HEARING: SOLID WASTE MANAGEMENT AND RECYCLING PLAN TEXT
AMENDMENT (SW-20-001)
President Cline convened a public hearing at 10:33 a.m. to obtain public comment regarding the Solid
Waste Management and Recycling Plat Text Amendments, as passed during the 2019 Maryland
General Assembly, which required Counties to include Office Recycling Plans into its Solid Waste
Management and Recycling Plans.
The matter ofrecord will remain open for public comment until November 23 , 2020 at 4:30 p.m. Those
wishing to make comment may do so prior to that date through the County Clerk at khart@washco-
md.net.
Jill Baker, Director, Planning & Zoning, provided the Board with a brief overview of the requirements,
adding that the Maryland Department of Environment has found the amendments to be consistent with
the requirements of the legislation.
The Public Hearing was opened for Commissioner comments.
The Commissioners took no action at this time and instructed staff to return at a later date.
ABANDONMENT OF RIGHT-OF-WAY
Todd Moser, Real Property Administrator, presented the recommendation to abandon a portion of right-
of-way fronting the AC&T property in Big Pool, Maryland. Mr. Moser described the right-of-way as a
25 feet wide strip of land formally known as Big Pool Road/Route 56 and shared that it has not been
used as public access for over twenty (20) years since the redevelopment of land and construction of
the entrance to AC&T.
Vice-President Baker shared that the matter should be considered under a Public Hearing.
Commissioner Keefer shared that the matter should be opened for public comment; he has requested
additional information from developer.
Commissioner Wagner, seconded by Commissioner Meinelschmidt, moved approve the abandonment
of the right-of-way as presented; motion withdrawn. The Commissioners instructed staff to return with
additional information pertaining to this request.
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OPEN Session, November 17, 2020
SELECTION OF WASHINGTON COUNTY BOARD OF EDUCATION MEMBER
Pursuant to Section 3-1301(e)(8) of the Education Article of the Annotated Code of Maryland,
Commissioner Meinelschmidt moved, seconded by Commissioner Keefer, to appoint Darrell Evans to
fill the current vacancy on the Washington County Board of Education. The motion passed
unanimously.
FY21 BUDGET ADJUSTMENTS TO THE WASHINGTON COUNTY BOARD OF
EDUCATION'S GENERAL FUND BUDGET
Jeffrey Proulx, Chief Operating Officer, and David Brandenburg, Executive Director of Finance,
Washington County Public Schools presented for approval, the Budget Adjustments to the Board of
Education's (BOE) Fiscal Year 2021 (FY21) General Fund Budget. Mr. Proulx reviewed the changes
to the budget as approved by the BOE on November 3, 2020.
Commissioner Wagner, seconded by Commissioner Baker, moved to approve the requested
adjustments to the BOE's FY21 General Fund Budget as presented. The motion passed unanimously.
PRESENTATION OF THE JUNE 30, 2020 AUDITED FINANCIAL STATEMENTS
Christopher Lehman, Partner, SB and Company, provided the Board with a report of the audit
opinion for financial statements ending June 30, 2020.
FISCAL YEAR 2020 YEAR END REPORT
Sara Greaves, CFO, provided the Commissioners with information on the FY20 Year End Revenue /
Expenditure reporting.
HAGERSTOWN COMMUNITY COLLEGE/DIVISION OF EMERGENCY SERVICES
PARAMEDIC PROGRAM UPDATE
Dave Hays, Director, Dave Chisholm, Assistant Director, Division of Emergency Services, and Dr.
James Klauber, President, Hagerstown Community College (HCC), provided an update on the matter
of determination by HCC staff through fiscal and enrollment evaluations that it would no longer provide
paramedic level education as a primary component of the educational platform. Mr. Klauber shared
that HCC Administration has contacted the Division of Emergency Services to seek interest in the
potential partnership with HCC to continue to provide paramedic level education. Mr. Hays discussed
potential costs, locations, staff needed, and proposed timeline. Additionally, he shared that today's
discussion was to provide information to the Commissioners which would help to identify and evaluate
future opportunities at the paramedic level education throughout Washington County.
The Commissioners reached a consensus to move forward with the development of said plan and
provided additional direction to staff.
ENVIRONMENTAL MANAGEMENT ADVISORY COMMITTEES' RECOMMENDATIONS
FOR WASTE MANAGEMENT ALTERNATIVES
Brock Shriver, Chair, and Dave Mason, Deputy Director, Solid Waste, presented for acceptance the
Committee's recommendations of a three-point strategy which includes: 1) to expand Washington
County's current recycling program; 2) to expand Washington County 's current composting program,
and 3) to explore palletization options. Mr. Mason requested approval to release a Request for Quotes
to follow through with this recommendation.
The Commissioners instructed staff to continue with working on the initiatives and to request
appearance before the Board for official vote once complete.
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OPEN Session, November 17, 2020
NATHANIAL AND NATALIE KRAFT RURAL LEGACY PROGRAM EASEMENT
Chris Boggs, Land Preservation Planner, Planning & Zoning, recommended approval of the Nathanial
and Natalie Kraft Rural Legacy Program (RLP) Easement Project in the amount of $104,896.95 for
43.89 easement acres located on Mt. Carmel Church Road, Keedysville, and to adopt an ordinance
approving the easement purchase and to authorize the execution of the necessary documentation to
finalize the easement purchase. RLP funding is 100% State funds; the County receives up to 3 % of the
easement value for administrative costs, a mandatory 1.5% for compliance/monitoring costs, and funds
to cover all its legal/settlement costs.
Commissioner Baker, seconded by Commissioner Meinelschmidt, moved to approve the Kraft Rural
Legacy Easement Project of $104,896.95 , to adopt an ordinance approving the purchase of the
easement, and to authorize the execution of all necessary documents required to affect the easement
purchase. The motion passed unanimously.
(Ordinance No. ORD-2020-33 is recorded among the Acts, Ordinances, and Resolutions of Washington
County and the original is in the County Commissioners' Office.)
INTERGOVERNMENTAL COOPERATIVE PURCHASE {INTG-20-0051) PERSONAL
PROTECTIVE EQUIPMENT FOR DIVISION OF EMERGENCY SERVICES
Brandi Naugle, Buyer, Purchasing, and Dave Hays, Director of Emergency Services, recommended
approval by resolution, the purchase of fifty (50) sets of Personal Protective equipment for the Division
of Emergency Services from Witmer Public Safety Group, Inc., Williamsport, Maryland at contracted
unit prices totaling $143,966.50 based on the contract awarded by the State of New Jersey contract
(Solicitation #17DPP00100; New Jersey Contract T0790). Funds are budgeted in the departments
operating account 599999-10-11525.
Commissioner Baker, seconded by Commissioner Meinelschmidt, moved to approve by resolution, the
purchase of fifty sets of Personal Protective equipment from Witmer Public Safety Group through an
Intergovernmental Cooperative Purchase Agreement as presented. The motion passed unanimously.
(Resolution No. RS-2020-35 is recorded among the Acts, Ordinances, and Resolutions of Washington
County and the original is located in the County Commissioners' Office.)
CONTRACT A WARD (PUR1476) FOR GASOLINE AND DIESEL FUEL DELIVERIES
Ms. Naugle presented the recommendation to award the Gasoline and Diesel Fuel Deliveries contract
(PUR1476) under Option No. 1, as four (4) separate contracts to the responsive, responsible bidders
who submitted the lowest bids:
1. Contract for gasoline tank-wagon deliveries to A. C. & T. Company, Inc of Hagerstown, MD,
$108,772.80,
2. Contract for gasoline transport deliveries to Petroleum Traders Corporation of Fort Wayne, IN,
$505,518.99,
3. Contract for diesel tank-wagon deliveries to A. C. & T. Company, Inc of Hagerstown, MD,
$89,982.50,
4. Contract for diesel transport deliveries to Petroleum Traders Corporation of Fort Wayne, IN,
$783,326.32.
The contracts will be for a one (1) year term with no option to renew; contract period to tentatively start
on December 1, 2020 and end November 30, 2021. Ms. Naugle stated this will be a requirement contract
and the County guarantees neither a maximum nor a minimum quantity. Funds are budgeted in various
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OPEN Session, November 17, 2020
accounts for this purchase. The recommendations are for the County's requirements only; the City of
Hagerstown and Board of Education shall make its awards independently from the County.
Commissioner Wagner, seconded by Commissioner Keefer, moved to approve Option 1 for Contract
PUR1476 to the responsive, responsible bidders as presented. The motion passed unanimously.
BID AWARD {PUR1475) SWIMMING POOL AND WATER/WASTEWATER TREATMENT
CHEMICALS
Ms. Naugle, Mark Bradshaw, Deputy Deputy Director, Environmental Management, Water Quality,
and Davina Yutzy, Deputy Director, Operations, recommended award of the bids for Swimming Pool
and Water/Wastewater Treatment Chemicals (PUR1475) to the responsive, responsible bidders with
the lowest bids. The following bid awards were recommended as specified:
ltem#lOB-Sulfuric Acid (110 Gallons) George S. Coyne Co., $6.0281/gal. 55-gallon drum Croydon, PA
ltem#lOB -Sulfuric Acid (Gallon Bulk) NO BID
Item #12 -Sodium Hypochlorite (6050 Chemstream, Inc -Homer $1.98/gal. 55-gallon drum Gallons) City, PA
Item #14 -Caustic Soda (Sodium Chem stream, Inc -Homer $1.45/gal. 55-gallon drum Hydroxide) (11,935 gallons) City, PA
Item #16A -Hydrofluosilic Acid (H2SiF6) George S. Coyne Co., $9.0429/gal. 15-gallon pail (7 5 gallons) Croydon, PA
Item #16B -Hydrofluosilic Acid (H2SiF6) George S. Coyne Co. $4.9149/gal. 55-gallon drum (165 gallons) Croydon, PA
Item #17 A -DelPac 2000 (Polyaluminum USALCO Chloride Hydroxide Sulfate Solution) Baltimore, MD $0.1448/lb. Bulk Pounds
144,000 Pounds
Item #19 -Sodium Hypochlorite (2,585 Chemstream, Inc., Homer $1.85/gal. 55-Gallon Drum gallons) City, PA
Item #20 -Cyanuric Acid ( 100-200 Amato Industries Inc. $1.50/lb. Pound pounds) Si lver Spring, MD
Item #21 -Calcium Chloride (500 -600 Amato Industries Inc. $0.48/lb. Pound pounds) Silver Spring, MD
Item #22 -Muriatic Acid (20-40 Pounds) Amato Industries Inc. $20.00/lb. Pound Silver Spring, MD
Item #24-DelPAC 2020 (Polyaluminum Chemstream, Inc., Homer $4.15/lb. 55-gallon drums Hydroxychlorosulfate Solution) 990 Drums City, PA
Item #29 -Bacterial Enzymatic Powder Maryland Chemical Co, Inc. $9.18/lb. Pound (1,500 pounds) Baltimore, MD
Item #32 -DelPAC 2000 (Aluminum Chemstream, Inc., Homer $4.15/gal. 55-gallon drums Chloride Hydroxide Sulfate) (220 gallons) City, PA
Item #33 -Liquid Aluminum Sulfate Thatcher Co.of NY, Inc., $1.64/gal. Gallon Bulk (8,000 gallons) Salt Lake Citv, UT
Item #34-Micro C 2000 (11,520 pounds) George S. Coyne Co., $3 .6403/lb. Pound Bulk Croydon, PA
Item #37 -Magnetite (210,000 pounds) Gasochem International $0.45/lb Pound Bulk LLC, Houson TX *
*Non-Responsive Bid (did not meet specification
The contract term is for one (1) year period with no option for renewals, tentatively beginning
December 1, 2020 and ending November 30, 2021 with no option for renewal. The recommendations
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OPEN Session, November 17, 2020
are for the County's requirements only; the City of Hagerstown and the Town of Boonsboro shall make
its awards independently from the County.
Commissioner Baker, seconded by Commissioner Keefer, moved to award the bids for contract
PUR1475 to the responsive, responsible bidders with the lowest bids specified above. The motion
passed unanimously.
ENHANCED NUTRIENT REMOVAL AT WASHINGTON COUNTY'S WASTEWATER
TREATMENT PLANT
Mark Bradshaw, Deputy Director, Engineering Services, Division of Environmental Management,
recommended approval for Change Order number 16 and to increase the contract with Buchart Horn,
in the amount of $335,974. Mr. Bradshaw outlined the reasons for the increased and decreased line
items in the contract with Buchart Horn for the Enhanced Nutrient Removal at the Washington
County's Wastewater Treatment Plant, PUR-977.
Commissioner Baker, seconded by Commissioner Wagner, moved to approve the Change Order as
presented, in the total amount of $335 ,974. The motion passed unanimously.
INTERGOVERNMENTAL COOPERATIVE PURCHASE {INTG-20-0052) e-PLAN
SOFTWARE, PLAN REVIEW & PERMITTING
Josh O'Neal, Director, Information Systems, Ashley Holloway, Director, Plan Review & Permitting,
and Rich Eichelberger, Director, Construction, recommended approval by resolution, the purchase of
software and technical services in the amount of $117,360 from ePlanSoft, Irvine, California,
contingent upon successful award of a contract by the City of Chula Vista, CA (Solicitation #P03-20/21
Electronic Plan Review Software Solution) to e-PlanSoft. Funds are available from the CARES Act
grant, specifically set aside for improvements to teleworking infrastructure and improvements to online
citizen services throughout the COVIDl 9 Pandemic.
Commissioner Baker, seconded by Commissioner Keefer, moved to approve by resolution, the
purchase of software and technical services in the amount of $117,360 utilizing funds as provided in
the CARES Act grant. The motion passed unanimously.
(Resolution No. RS-2020-36 is recorded among the Acts, Ordinances, and Resolutions of Washington
County and the original is located in the County Commissioners' Office.)
MICROSOFT OFFICE 365 ANNUAL SOFTWARE LICENSE SUBSCRIPTION RENEWAL
Mr. O'Neal requested approval to renew the Microsoft Office 365 Annual Software License
Subscriptions in the total amount of $127,807.17 from Software House International, Somerset, New
Jersey based on its quote dated November 3, 2020 utilizing Capital Improvement budgeted funds.
Commissioner Keefer, seconded by Commissioner Meinelschmidt, moved to approve the Microsoft
Office 365 Annual Software License Subscription, as presented. The motion passed unanimously.
PURCHASE OF MICROSOFT TEAMS TELEPHONY INTEGRATION LICENSING
Mr. O'Neal, and Rick Curry, Director, Purchasing, recommended approval by Resolution, the sole
source procurement of licensing in the amount of $50,488 from Software House International,
Somerset, New Jersey, based on its quote dated October 27, 2020 utilizing CARES Act grant funding.
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to approve the Microsoft
Teams Telephone Integration Licensing, as presented. The motion passed unanimously.
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OPEN Session, November 17, 2020
PURCHASE OF DELL POWEREDGE R740XD SERVER PRODUCT (PUR1482)
Mr. O'Neal and Mr. Curry recommended award of the procurement of ten (10) Dell 740xd servers to
the low responsible bidder, MNJ Technologies Director, Inc., Buffalo Grove, IL based on their proposal
to the published request for bids in the amount of $348,006.40 utilizing CARES Act grant funding for
this purpose.
Commissioner Meinelschmidt, seconded by Commissioner Keefer, moved to approve the purchase of
ten (10) Dell Servers, as presented. The motion passed unanimously.
PURCHASE POLY TELEPHONY PRODUCTS (PUR1483)
Mr. O'Neal and Mr. Curry recommended award of the procurement of Poly Telephony products to the
lowest responsive bidder Teltek, based on its proposal to the published request for bids in the amount
of $121 ,432.20 utilizing CARES Act grant funding.
Commissioner Meinelschmidt, seconded by Commissioner Keefer, moved to approve the purchase
Poly Telephone Products, as presented. The motion passed unanimously.
BRUCE BEREANO LOBBYIST REQUEST
Kirk Downey, County Attorney/ Interim County Administrator presented the Commissioners with a
letter from Bruce Bereano requesting to represent the County during the 2021 General Assembly
session in Annapolis, in the amount of $10,000.
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to approve the request for
representation during the 2021 General Assembly in the amount of $10,000 as presented. The motion
passed (3-2, Commissioner Baker and Commissioner Keefer voted "NAY").
CONVENE AS THE BOARD OF HEALTH
Commissioner Wagner, seconded by Commissioner Meinelschmidt, moved to convene as the Board of
Health at 12:19 p.m. The motion passed unanimously.
CONTRACT AMENDMENT TO CARES ACT 2020 MERITUS HEALTH
Earl Stoner, Health Officer, and Daniel Triplett, Administrator, recommended approval of a contract
amendment to the CARES Act Meritus Health contract for supplies and equipment purchased by
Meritus Health specifically to address the COVID-19 Pandemic. Mr. Stoner shared that Meritus Health
was previously awarded a $6,000,000 grant using CARES Act funds for reimbursement of COVID-19
related supplies, equipment, testing and personnel costs; an amendment has been presented to grant an
additional $700,000 to Meritus Health with same conditions as previously awarded.
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to approve the award of
$700,000 to Meritus Health under the CARES Act grant funding as presented. The motion passed
unanimously.
RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS
Commissioner Wagner, seconded by Commissioner Baker, moved to reconvene as the Board of County
Commissioners at 12:23 p.m. The motion passed unanimously.
CONVENE IN CLOSED SESSION
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to convene in closed
session at 12:24 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
Page 8 of 8
OPEN Session, November 17, 2020
or more specific individuals, in accordance with Sections 3-305(b) (1) 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 a specific individual or
individuals to boards and commissions over which the Board has jurisdiction; as well as the
employment, recruitment, possible termination and/or assignment of County personnel and the
potential filling of certain personnel vacancies; the Board provided staff direction in regards thereto.
Present during closed session were Commissioners Jeffrey A. Cline, Randy E. Wagner, and Wayne K.
Keefer. Also present were Kirk C. Downey, County Attorney/Interim County Administrator; Krista L.
Hart, County Clerk, and at various times, Deb Condo, Deputy Director, Human Resources; Mark
Bradshaw, Deputy Director, Environmental Management; Davina Yutzy, Deputy Director, Water
Quality; Dave Hays Director, Emergency Services; and Dave Chisholm, Assistant Director, Emergency
Services.
RECONVENE IN OPEN SESSION
Commissioner Meinelschmidt, seconded by Commissioner Wagner, moved to reconvene in open
session at 12: 18 p.m. The motion passed unanimously.
ADJOURNMENT
Commissioner Meinelschmidt, seconded by Commissioner Baker, moved to adjourn at 12: 18 p.m. The
?n passed unanimously.
ti~u-tf-ltf fud
Krista L. Hart, County Clerk