HomeMy WebLinkAbout210914 OPEN MinutesWashington County
Board of County Commissioners of Washington County, Maryland
Open Session Minutes
September 14, 2021
MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
President Cline asked that Vice -President Baker be kept in everyone's thoughts and prayers.
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 8:41 a.m. at 100 West Washington Street, Hagerstown,
Maryland, with the following members present: Commissioner Wayne K. Keefer, Commissioner
Randall E. Wagner, and Commissioner Charles A. Burkett (Vice -President Terry L. Baker was
absent for the duration of the meeting).
APPROVAL OF MINUTES
Commissioner Wagner, seconded by Commissioner Keefer, moved to approve the minutes of
August 31, 2021. The motion passed unanimously (4-0, Commissioner Baker was absent).
COMMISSIONER COMMENTS
The Commissioners provided a brief overview of events attended throughout Washington County.
Commissioner Keefer shared prayers for friend and colleague, Terry Baker. Additionally, he
requested review and discussion regarding COVID-Premium Pay for County retirees.
Commissioner Keefer further discussed the mandated vaccine for staff at the Circuit Courthouse
and requested staff create a plan for a central testing of those County staff members who report to
the Administrative Judge at the Courthouse.
Commissioner Burkett welcomed NFL vet, Jason Ankrah as the new football coach for Clear
Spring. He touched on Washington Goes Purple month and commented on the kick-off event
recently held; he encouraged all to participate and support the efforts. Additionally, he welcomed
Nathan's Ridge and shared information on how to donate to the facility.
Commissioner Wagner concurred with Commissioner Keefer's comments regarding COVID-
Premium pay. He thanked staff from the Washington County Humane Society and Marty Snook
Park for a successful Pooch Plunge recently held. He noted the 9/11 Event recently held by County
staff and thanked all those involved.
President Cline recognized staff who organized and attended the 9/11 Event at the Hagerstown
Regional Airport. Additionally, he thanked those involved in the Boonsboro Remembrance
Parade.
STAFF COMMENTS
Budget and Finance
Sara Greaves, CFO, recommended approval to transfer $9 million of General Fund money to the
Capital Fund.
The Commissioners discussed the request in detail, to include the amount of revenue as it relates
to the COVID-Pandemic.
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OPEN Session, September 14, 2021
Commissioner Keefer requested that staff provide an update on the COVID-Premium Pay for
retirees.
Commissioner Wagner, seconded by Commissioner Keefer, moved to approve the budget transfer
as presented. Commissioner Keefer requested that staff return at a future meeting with information
pertaining to projects in which the funds would be allocated toward. The motion passed
unanimously (4-0, Commissioner Baker was absent).
County Clerk
Local Management Board
Commissioner Wagner, seconded by Commissioner Keefer, moved to accept the recommendation
to reappointment Dennis Whitmore to serve a first full three-year term from July 1, 2021, through
June 30, 2024, as the Community Representative; to appoint Gerard Kendle and Kimberly Duncan
each to serve a first three-year term from September 1, 2021, through August 31, 2024, as
Community Representatives. The motion passed unanimously (4-0, Commissioner Baker was
absent).
County Administrator
John Martirano shared that the County is supporting the Washington Goes Purple campaign. He
added that United Way Day of Caring is upcoming on Thursday, he thanked all staff involved in
the organization of the event. He also thanked Krista Hart, Clerk, and Tom Brown, Emergency
Management for organizing the 9/11 Remembrance Event at the Hagerstown Regional Airport and
shared a video from that event.
CITIZENS PARTICIPATION
None
CONVENE AS THE BOARD OF HEALTH
Commissioner Wagner, seconded by Commissioner Keefer, moved to convene as the Board of
Health at 9:23 a.m. The motion passed unanimously (4-0, Commissioner Baker was absent).
AWARD OF THE PROGRAM "ADOLESCENT CLUBHOUSE" — WASHINGTON
COUNTY HEALTH DEPARTMENT #RFP-2022-01
Earl Stoner, Health Officer, and Dan Triplett, Health Department, presented the recommendation
to award the program "Adolescent Clubhouse", RFP#2022-01 to Horizon Goodwill Industries,
Hagerstown, Maryland (MD), in the amount of $250,000. Mr. Stoner shared that the proposed
project would be funded by the Behavioral Health Administration (BHA) and is 100% Federally
funded. The total amount of grant award to Washington County Health Department from BHA
was $350,000; the remainder of monies will be used for indirect cost.
Commissioner Burkett, seconded by Commissioner Wagner, moved to award the "Adolescent
Clubhouse" program to Horizon Goodwill Industries, Hagerstown, MD in the total amount of
$250,000, as presented. The motion passed unanimously (4-0, Commissioner Baker was absent).
RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS
Commissioner Wagner, seconded by Commissioner Burkett, moved to reconvene as the Board of
County Commissioners at 9:26 a.m. The motion passed unanimously (4-0, Commissioner Baker
was absent).
PROPOSED PILOT AGREEMENT FOR SGC POWER, LLC
Zachary Kieffer, Esquire, The Law Office of Zachary J. Kieffer LLC, and Jack Hovis, Partner,
SGC Power, presented the recommendation to accept a proposal for a PILOT Agreement with
SGC Power, LLC. Mr. Kieffer shared that on December 2, 2020, the Board of Zoning Appeals
approved a two (2) megawatt SEGS on +/- ten (10) acres of land located at 14455 Weller Road,
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OPEN Session, September 14, 2021
Hancock, Maryland. Under the Maryland Code, Tax -Property § 7-514(a) (1-2), the County is
permitted to "enter into an agreement with the owner of a facility for the generation of electricity
that is located or locates in the county for a negotiated payment by the owner in lieu of taxes on
the facility".
Under the contemplated PILOT agreement, SGC Power, LLC would pay $13,000.00 per year
($6,500 per megawatt), totaling $260,000.00 over the 20 -year term of the lease for the real property
between SGC Power, LLC, and the landowner. In the event the lease was to be renewed, SGC
Power's payments to the County would equal $390,000.00 over 30 years and $520,000.00 the full
40 -year term of the lease.
Commissioner Keefer advised the Board that he abstains from any and all communication and vote
on the matter due to a potential conflict of interest.
Commissioner Burkett requested additional review time.
The Commissioner reached a consensus to grant additional review time and instructed staff to
return on October 12, 2021, for consideration of the matter. (Commissioner Keefer abstained from
the consensus).
RENEWAL OF WASHINGTON COUNTY'S COMMUNITY DEVELOPMENT BLOCK
GRANT PLANS
Rachel Souders, Senior Grant Manager, Office of Grant Management, requested approval to renew
the Fair Housing and Equal Opportunity (FHEO), Minority Business/Women Owned Business
(MBE/WBE), and Section 3 Plans policies. Ms. Souders stated that, if approved, the policies would
be effective for a five (5) year period, allowing the County to continue eligibility for CDBG
funding through September 2026.
Commissioner Wagner, seconded by Commissioner Burkett, moved to approve renewal of the
FHEO, MBE/WBE, and Section 3 Plans as presented. The motion passed unanimously (4-0,
Commissioner Baker was absent).
EDWARD J. BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
Ms. Souders and Captain Mark Knight, Washington County Sheriff's Office, requested approval
to submit a grant application in the amount of $30,095 for the Edward J. Byrne Memorial Justice
Assistance Grant to the Governor's Office of Crime Control and Prevention and to accept the
award funding. Grant funds would be used to cover the entire cost of an AVATAR Tactical Robot
to be used by the Special Response Team. There are no matching funds required to accept the
grant.
Commissioner Wagner, seconded by Commissioner Burkett, moved to approve the submission of
a grant application in the amount of $30,095 for an Edward J. Byrne Memorial Justice Assistance
Grant to the Governor's Office of Crime Control and Prevention and to accept the funding as
awarded, as presented. The motion passed unanimously (4-0, Commissioner Baker was absent).
ONLINE SALES AND TELEWORKING GRANT
Ms. Souders and Linda Spence, Business Specialist, Business Development, recommended
approval to accept awarded funding from the Department of Commerce for Online Sales and
Teleworking in the amount of $125,164. Grant funds would be used to assist businesses in setting
up online sales frameworks and offering employees telework opportunities.
The Office of Grant Management has reviewed the grant funding guidelines and grant application.
The funds must be distributed to eligible grantees by December 1, 2021. The total anticipated grant
funding to be received, including the initial grant received in March, is $137,680.41. Matching
funds are not required.
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OPEN Session, September 14, 2021
Commissioner Keefer, seconded by Commissioner Burkett, moved to approve the acceptance of
awarded funding in the amount of $125,164 from the Department of Commerce for Online Sales
and Teleworking, as presented. The motion passed unanimously (4-0, Commissioner Baker was
absent).
UTILITY BUDGET TRANSFER - WATER QUALITY
Mark Bradshaw, Director, Environmental Management, and Davina Yutzy, Deputy Director,
Water Quality, recommended approval of a budget transfer in the amount of $40,000 from
Contingency Utility Admin (ADM003) to the Local Limits Study (STY025).
Commissioner Burkett, seconded by Commissioner Wagner, moved to approve the budget transfer
in the amount of $40,000, as presented. The motion passed unanimously (4-0, Commissioner
Baker was absent).
APPLICATION FOR ZONING TEXT AMENDMENT RZ-21-004
Jill Baker, Director, Planning and Zoning, recommended approval of Zoning Text Amendment
RZ-21-004, and to adopt the Ordinance amending the test of Section 4.26 of the Zoning Ordinance.
This text amendment was presented to the Washington County Planning Commission at a Public
Information Meeting on June 7, 2021. On July 19, 2021, the Planning Commission unanimously
recommended approval of the proposed amendment. A Public Hearing before the Board of County
Commissioners of Washington County was held on August 31, 2021. The Commissioners reached
a consensus to approve the amendment. The ordinance effectuating the amendment is ready for
adoption.
Commissioner Wagner, seconded by Commissioner Keefer, moved to approve Zoning Text
Amendment RZ-21-004 and to adopt the Ordinance, as presented. The motion passed unanimously
(4-0, Commissioner Baker was absent).
(Ordinance No. ORD-2021-18 is recorded among the Acts, Ordinances, and Resolutions of
Washington County and the original is in the County Commissioners' Office.)
ADMINISTRATION OF AN END -OF EMPLOYMENT ACTION IN CONJUNCTION
WITH THE EXHAUSTING OF ALL FMLA, PAID SICK LEAVE, AND SHORT-TERM
DISABILITY PLAN BENEFITS
Larry Etchison, Director, Human Resources, recommended approval of a revision to the EB-4
Short Term Disability Policy authorizing the Director of Human Resources (with County
Administrator review and concurrence) to administer end -of -employment actions to Employees
who have exhausted all FMLA, Paid Sick Leave and Short -Term Disability Plan Benefits.
Commissioner Burkett motioned to approve and withdrew motion for additional discussion.
The Commissioner's discussed a timeline for the decision to be made and who would be included
in final decision.
The Commissioners reached a consensus to bring the matter forth at a future meeting for additional
language to include a timeline.
CLOSED SESSION
Commissioner Wagner, seconded by Commissioner Keefer, moved to convene in closed session
at 10:10 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 consult with counsel to obtain legal advice on a
legal matter; and to conduct collective bargaining negotiations or consider matters that relate to
the negotiations, in accordance with Sections 3-305(b) (1), (7), and (9) of the General Provisions
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OPEN Session, September 14, 2021
Article of the Annotated Code of Maryland. The motion passed unanimously (4-0, Commissioner
Baker was absent).
In closed session, the Commissioners discussed the filling of certain personnel vacancies and the
hiring of certain individuals and the appointments to certain boards. The Commissioners also
discussed a collective bargaining negotiation matter, consulted with counsel, and provided staff
with direction thereto.
Present during closed session were Commissioners Jeffrey A. Cline, Wayne K. Keefer, Charles A.
Burkett, and Randall E. Wagner; also, present were John M. Martirano, County Administrator;
Kirk C. Downey, County Attorney, and Krista L. Hart, County Clerk. Additionally, the following
staff member was present at times: Larry Etchison, Director, Human Resources; (Commissioner
Terry L. Baker was absent).
RECONVENE IN OPEN SESSION
Commissioner Wagner, seconded by Commissioner Keefer, moved to reconvene in open session
at 10:44 a.m. The motion passed unanimously (4-0, Commissioner Baker was absent).
ADJOURNMENT
Commissioner Wagner, seconded by Commissioner Burkett, moved to adjourn the meeting at
10:45 a.m. The motion passed unanimously (4-0, Commissioner Baker was absent).
Krista L. Hart, County Clerk