HomeMy WebLinkAbout220412 (Revised)Washington County
MARYLAND
Board of County Commissioners of Washington County, Maryland
Open Session Minutes (revised)
April 12, 2022
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 9:30 a.m. at 100 West Washington Street, Hagerstown,
Maryland, with the following members present: Vice -President Terry L. Baker; Commissioner
Wayne K. Keefer; Commissioner Randall E. Wagner; and Commissioner Charles A. Burkett.
CLOSED SESSION
Commissioner Keefer, seconded by Commissioner Burkett, moved to convene in closed session
at 9:31 a.m. to consult with counsel to obtain legal advice on a legal matter, in accordance with
Section 3-305(b) (7) of the General Provisions Article of the Annotated Code of Maryland. The
motion passed unanimously.
In closed session, the Commissioners consulted with counsel on a legal matter.
Present during closed session were Commissioners Jeffrey A. Cline, Terry L. Baker, Wayne K.
Keefer, Randall E. Wagner, and Charles A. Burkett; also, present were John M. Martirano, County
Administrator; Kirk C. Downey, County Attorney, and Michelle Priebe, Executive Office
Associate. Additionally, Kevin Karpinski, Esq. was present.
RECONVENE IN OPEN SESSION
Commissioner Wagner, seconded by Commissioner Baker, moved to reconvene in open session
at 10:02 a.m. The motion passed unanimously.
APPROVAL OF MINUTES
Commissioner Keefer, seconded by Commissioner Wagner, moved to approve the minutes of
April 5, 2022. The motion passed unanimously.
COMMISSIONER COMMENTS
The Commissioners provided a brief overview of events attended throughout Washington County.
Vice President Baker recognized the personnel from Emergency Services.
Commissioner Keefer attended the Congressional Fire Service Banquet, thanking the recruits from
Washington County for participating.
He inquired into the status of the telework policy, asking for an update. Additionally, he discussed
the status of the property given to JGBLI in Cascade, which has recently been placed for sale, and
asked staff to investigate documents to ensure that there is no compensation due to the County
should the sale proceed as a condition of the contract.
Commissioner Burkett asked that staff provide an update as to the retiree's health insurance.
Additionally, he attended the Congressional Fire Service Banquet as well. He congratulated
Hagerstown Community College (HCC) on its recent fundraising event.
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OPEN Session, April 12, 2022
Commissioner Wagner recognized National Child Abuse Month event at the Maryland Theater.
He also congratulated those involved in the fundraising event at HCC.
President Cline also congratulated HCC. He recognized National Public Safety
Telecommunication Week and thanked those at the Communications Center, thanking them for
their service. Additionally, he recognized Keith Bowen and congratulated him on his retirement.
President Cline remembered Robert Talbert, a World War II veteran, and shared his condolences
to the family.
STAFF COMMENTS
County Administrator
John Martirano presented a request for appointments to the Washington County Commission for
Women. Commissioner Wagner, seconded by Commissioner Burkett, moved to approve the
appointment of Amber Mowery, Dawn Nally, Mary Hendrickson, and Elise Weber, each to serve
a first three-year term from May 1, 2022 through April 30, 2025. The motion passed unanimously.
Additionally, he reminded all that operations at 80 West Baltimore Street have been relocated to
747 Northern Avenue, Hagerstown; he thanked all staff involved in the process.
There will be no meeting next week due to Easter Holiday.
CITIZEN PARTICIPATION
Beau Ouimette, 15914 Riverbend Court, discussed Dorsey Road; Kirk Downey, County Attorney,
responded that this is a legal matter, and the board does not agree with the characterization of the
facts.
Dave Williams, 11 West Water Street, Smithsburg, discussed the Board of Education's budget.
UPDATE ON THE MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS41
PERMIT
John Swauger, Stormwater Management Coordinator; Dave Mason, Deputy Director, Solid
Waste; and Alex Reed, Watershed Specialist, Environmental Management, provided the
Commissioners with an update pertaining to the MS4 audit performed by the Environmental
Protection Agency and Maryland Department of Environment in 2020, to include progress made
towards mandates on same. Additionally, the staff members provided information on upcoming
events to recognize Earth Day (April 22) and Stormwater Week. Mr. Reed discussed cleanup
efforts throughout Washington County. Additionally, he recognized the Antietam-Conococheague
Watershed Alliance; the Board of County Commissioners presented a Certificate of Recognition.
PROCLAMATION: FAIR HOUSING MONTH
The Board of County Commissioners presented Washington County Community Action Council,
and Habitat for Humanity with a proclamation recognizing Fair Housing Month.
HOTEL RENTAL TAX FUNDING REQUEST: 2022 JUNETEENTH CELEBRATION
Susan Buchanan, Director, Grant Management; Alesia Parson, Project Director, Doleman Black
Heritage Museum; Doleman and Paul Ward, Board Members; and Cheree McCord, Friends of
Black Heritage Museum, presented a request for funding in the amount of $29,000 from the Hotel
Rental Tax Fund for expenses associated with the 2022 Juneteenth Celebration -Hagerstown, a
three (3) day event.
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OPEN Session, April 12, 2022
Commissioner Baker, seconded by Commissioner Keefer, moved to approve the funding request
in the amount of $29,000 from the Hotel Rental Tax Fund, as presented. The motion passed
unanimously,
MILLER RURAL LEGACY PROGRAM EASEMENT
Chris Boggs, Rural Preservation Administrator, Planning and Zoning, recommended approval of
the Joshua J. and Lindsay H. Miller Rural Legacy Program (RLP) project, paid for 100% by the
Maryland Department of Natural Resources, for $444,210 for 138.68 easement acres, to adopt an
ordinance approving the purchase, and to authorize execution of the necessary documentation to
finalize the easement purchase. Mr. Boggs shared that the property is located at 16951 Sprecher
Road, Sharpsburg, Maryland, and composed of primarily woodland with some hayland. Mr. Boggs
shared that seven (7) development rights will be extinguished with the easement.
Commissioner Wagner, seconded by Commissioner Burkett, moved to approve the Miller RLP
Easement, and to adopt an ordinance approving the purchase of the easement and to authorize the
execution of the necessary documentation to finalize the easement purchase. The motion passed
unanimously.
(Ordinance No. ORD-2022-06 is recorded among the Acts, Ordinances, and Resolutions of
Washington County and the originals are in the County Commissioners' Office.)
INTERGOVERNMENTAL PURCHASE (INGT-22-0084): TRAFFIC BARRIERS
Brandi Naugle, Buyer, Purchasing, and Doug Levine, Supervisor of Operations, Highway
Department, recommended authorizing by Resolution, the Intergovernmental Cooperative
Purchase (INGT-22-0084) to purchase traffic barriers at a total cost of $64,273 and to utilize
another jurisdiction's contract that was awarded by the State of Maryland, Department of
Transportation / State Highway Administration (Contract Number 4772161424) to L.S. Lee, Inc.,
York, Pennsylvania (PA); funds are budgeted in the Highway Departments operating budget.
Commissioner Wagner, seconded by Commissioner Baker, moved to authorize by Resolution
purchase of traffic barriers at a cost of $64,273 from L.S. Lee, Inc., York, PA, as presented. The
motion passed unanimously.
(Resolution No. RS -2022-14 is recorded among the Acts, Ordinances, and Resolutions of
Washington County and the original is located in the County Commissioner's Office.)
TRANSPORTATION PRIORIETIES LETTER
Scott Hobbs, Director, Engineering, requested consensus to submit the 2022 Transportation
Priority letter to the Maryland Department of Transportation.
The Commissioners discussed House Bill 1187 and Senate Bill 726 and Highway User Funds.
Andrew Eshleman, Director, Public Works, provided a brief update.
The Commissioners reached a consensus to submit the Transportation Priority letter as presented.
PART-TIME EMPLOYEE POSITION DIFFERENTIAL
Lane Heimer, Administrator, Weed Control, Maryland Department of Agriculture, recommended
approval of a Part -Time Employee Position Differential for Weed Control Technician positions in
response to increased wage, labor shortage, and retention pressures. Mr. Heimer proposed an
increase of $2.50, 17.2% above posted rate, for four (4) current and two (2) vacant Weed Control
Technician positions.
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OPEN Session, April 12, 2022
Commissioner Baker, seconded by Commissioner Wagner, moved to approve the request as
presented. The motion passed unanimously.
REQUEST FOR REALLOCATION OF CAPITAL IMPROVEMENT PROJECT
FUNDING
Dr. James Klauber, President, Hagerstown Community College (HCC), recommended approval to
transfer Capital Improvement Project funding in the amount of $163,526, the balance of the
Learning Resource Center Exterior Metal Panel System and Roof Replacement Project, to the
Center for Business and Entrepreneurial Studies project.
Commissioner Wagner, seconded by Commissioner Burkett, moved to approve the reallocation of
Capital Improvement Project Funding in the amount of $163,526, as presented. The motion passed
unanimously.
FISCAL YEAR 2022 BUDGET ADJUSTMENT: SMITHSBURG WASTEWATER
TREATMENT PLANT ENR UPGRADES
Kelcee Mace, Interim CFO, and Mark Bradshaw, Director, Environmental Management,
recommended approval of a budget adjustment for the Smithsburg Wastewater Treatment Plant
ENR Upgrade project, which would replace a budgeted bond proceeds with proceeds from a state
loan.
Commissioner Wagner, seconded by Commissioner Baker, moved to approve the budget
adjustment, as presented. The motion passed unanimously.
FISCAL YEAR 2023 PROPERTY TAX RATE
Ms. Mace, and Daryl Brown, Supervisor, Budget and Finance, provided the Board with
information as requested, regarding the effect on the Fiscal Year 2023 (FY23) General Fund
budget if the real property tax rate was reduced by $.01 or $.02. Ms. Mace shared that the current
property tax rate is 0.948 per $100 of assessed value; the County's personal property tax rate is 2.5
times the real property tax rate and a reduction in the real property tax rate would result in reduction
of the personal property tax rate. Ms. Mace added that a reduction of $.01 would result in
$1,525,720 reduction in the FY23 budget; a $.02 reduction would result in $3,051,450 reduction
in the FY23 budget.
Commissioner Burkett moved to reduce property tax by $.02 with income tax at 2.95%; no increase
to water and sewer rates. Motion withdrawn.
The Commissioners reached a consensus to present the budget with a $.02 property tax reduction,
2.95% income tax, and no increase to water and sewer rates at the next meeting.
CLOSED SESSION
Commissioner Wagner, seconded by Commissioner Burkett, moved to convene in closed session
at 11:36 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; to consult with staff, consultants, or other individuals about pending or potential
litigation; to conduct collective bargaining negotiations or consider matters that relate to the
negotiations; and to discuss public security, if the public body determines that public discussion
would constitute a risk to the public or to public security, including: (i) the development of fire
and police services and staff; and (ii) the development and implementation of emergency plans, in
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OPEN Session, April 12, 2022
accordance with Sections 3-305(b) (1), (7), (8), (9), and (10) of the General Provisions Article of
the Annotated Code of Maryland. The motion passed unanimously.
In closed session, the Commissioners discussed the filling of personnel vacancies and
reclassification and reorganization of certain personnel. The Commissioners also discussed a legal
dispute concerning public safety and provision of fire suppression services. Additionally, the
Commissioner discussed collective bargaining negotiations.
Present during closed session were Commissioners Jeffrey A. Cline, Terry L. Baker, Wayne K.
Keefer, Randall E. Wagner; and Charles A. Burkett; also, present were John M. Martirano, County
Administrator; Kirk C. Downey, County Attorney, and Michelle Priebe, Executive Office
Associate. Additionally, the following staff member was present at times: Deb Condo, Interim
Director, Human Resources; Danielle Weaver, Director, Public Relations; Dave Hays, Director,
Emergency Services; and Eric Paltell, Esquire.
RECONVENE IN OPEN SESSION
Commissioner Wagner, seconded by Commissioner Burkett, moved to reconvene in open session
at 12:50 p.m. The motion passed unanimously.
STAFF COMMENTS (continued)
Human Resources — Deb Condo. Interim Director
Ms. Condo presented the recommendation to promote Cody Robinson to Technical Support
Analyst II (Grade 13, Step 3).
Commissioner Wagner, seconded by Commissioner Burkett moved to approve the upgrade as
presented. The motion passed unanimously.
Division of Public Relations and Marketing
Danielle Weaver, Director, presented the request to upgrade the Multimedia Specialist position,
currently held by Katie Yoder from a Grade 11 to a Grade 13.
Commissioner Burkett, seconded by Commissioner Wagner, moved to approve the upgrade. The
motion passed unanimously.
ADJOURNMENT
Commissioner Wagner, seconded by Commissioner Baker, moved to adjourn the meeting 12:58
p.m. The motion passed unanimously.
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Kr sta L. Hart, County Clerk