HomeMy WebLinkAbout220510 OPEN MinutesBoard of County Commissioners of Washington County, Maryland
Open Session Minutes
May 10, 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 10:02 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.
APPROVAL OF MINUTES
Commissioner Wagner, seconded by Commissioner Burkett, moved to approve the minutes of
May 3, 2022. The motion passed 3-1-0, (Commissioner Cline abstained due to an absence,
Commissioner Baker was absent).
COMMISSIONER COMMENTS
The Commissioners provided a brief overview of events attended throughout Washington County.
Commissioner Keefer advised that today is the start of Washington County Gives
(washcogives.org) and asked the community to consider donating.
Commissioner Burkett recommended all to shop local. He added that the Retiree Health Insurance
option is still under consideration.
Commissioner Wagner discussed the Boonsboro reservoir and shared that the dive team was
present last week to repair several leaks; he recommended an additional stipend to compensate for
the assistance. He further discussed the Self-Help section at the Washington County Courthouse.
President Cline announced that the 10:30 a.m. public hearing scheduled for today has been
postponed. He further asked John Martirano, County Administrator, to provide an update on the
system with 911 Communications. He echoed Commissioner Keefer's comments regarding
Washington County Gives.
STAFF COMMENTS
County Administrator
John Martirano advised all that the Public Hearing formerly scheduled for today will be
readvertised. Additionally, he reminded all that the Budget Public Hearing is scheduled for May
17th at 6:00 p.m., Kepler Theater.
Vice President Baker joined the meeting at 10: 10 a. m.
COMMISSIONER COMMENTS (continued}
Vice-President Baker shared that he looks forward to a presentation from Andrew Eshleman,
Public Works, regarding Open Space projects.
Engineering
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OPEN Session, May 10, 2022
Scott Hobbs, Director, Engineering, presented the Board with a request for a letter of support to
the Maryland Department of Transportation regarding the submittal by the State on the 181
Widening, Phase II to the FY23 INFRA Grant Program. Additionally, to provide a recommitment
of local funding.
The Commissioners reached consensus to proceed with a letter of support as requested.
County Clerk
Washington County Planning Commission
Commissioner Wagner, seconded by Commissioner Burkett, moved to approve the reappointment
of Robert Goetz Jr. to serve a second term from May 1, 2022 through April 30, 2027; this is a paid
board.
CITIZEN PARTICIPATION
Dave Williams, 11 West Water Street, Smithsburg, discussed the Board of Education's budget.
Beau Ouimette declined address (Washington County resident), shared comments regarding a
Public Information request.
PUBLIC HEARING -APPLICATION FOR ZONING MAP AMENDMENT RZ-21-005
This matter has been postponed.
EXPENDITURE OF ACCRUED PAYMENT-IN-LIEU OF FUNDS IN ACCORDANCE
WITH THE FOREST CONSERVATION ACT
Travis Allen, Comprehensive Planner, Planning and Zoning, Dee Price, Assistant Manager,
Washington County Soil Conservation District (WCSCD), and Elmer Weibley, District Manager,
WCSCD, recommended approval of the use of payment-in-lieu (PIL) funds for the acquisition and
implementation of easements related to forest conservation for Bryan Forsythe as outlined in the
Memorandum of Understanding (MOU) with the WCSCD. Mr. Allen shared that all work
completed under this task will be funded through the various developers as mitigation fees.
Commissioner Wagner, seconded by Commissioner Keefer, moved to approve the use of PIL
funds for the acquisition and implementation of easements, as presented. The motion passed
unanimously.
STONER RIVER FARM, LLC CONSERVATION ENHANCEMENT PROGRAM
EASEMENT PROPOSAL
Chris Boggs, Rural Preservation Administrator, Planning & Zoning, recommended approval of the
Stoner River Farm, LLC Conservation Enhancement Program (CREP) easement project, paid for
100% by the Maryland Department of Natural Resources, for $65,755.80 for 17. 82 easement acres
located at 7604 Dam 4 Road, Sharpsburg, Maryland, and to adopt an ordinance approving the
easement purchase and to authorize the execution of the necessary documentation to finalize the
easement purchase. In addition to the easement funds, the County will receive up to 3% of the
easement value for administrative costs, a mandatory 1.5% for compliance costs and funds to cover
all the County's legal/settlement costs.
Commissioner Wagner, seconded by Commissioner Balcer, moved to approve the Stoner Farm,
LLC CREP project in the amount of$65,755.80, 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.
Page 3 of 5
OPEN Session, May 10, 2022
(Ordinance No. ORD-2022-08 is recorded among the Acts, Ordinances, and Resolutions of
Washington County and the original is in the County Commissioners' Office.)
STONER RIVER FARM, LLC RURAL LEGACY PROGRAM EASEMENT
Mr. Boggs recommended approval of the Stoner River Farm, LLC Rural Legacy Program (RLP)
project, paid for 100% by the Maryland Department of Natural Resources, for $305,626.00 for
90.89 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 7604 Dam 4 Road, Sharpsburg, Maryland; twenty (20) development rights
will be extinguished with the easement.
Commissioner Balcer, seconded.by Commissioner Wagner, moved to approve the Bowman Farms
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-2022-09 is recorded among the Acts, Ordinances, and Resolutions of
Washington County and the originals are in the County Commissioners' Office.)
MARYLAND AGRICULTURAL LAND PRESERVATION PROGRAM WITH COUNY
SIDE AGREEMENT
Mr. Boggs recommended approval of a side agreement and commitment to the Tracy E. Thomas
and Brenda L. Thomas easement project from the Agricultural Transfer Tax in the amount of
$140,229.30 so that the Maryland Agricultural Land Preservation Program (MALPP) is able to
malce an easement offer on our number three (3) ranked applicant for the fiscal year 2022 cycle.
Commissioner Wagner, seconded by Commissioner Keefer, moved to approve the
recommendation of a side agreement and commitment from the local share of the Agricultural
Transfer Tax in the amount of$140,229.30, as presented. The motion passed unanimously.
PRESENTATION OF PROCLAMATION RECOGNIZING BUILDING SAFETY
MONTH
The Board of County Commissioners presented a proclamation recognizing May as Building
Safety Month to staff from the Permits and Inspections Division.
AGRICULTURE-FACES OF FARMING
Susan Grimes, Director, Business Development, and Leslie Hart, Business Specialist, Business
Development, shared a video showcasing Beckley Farms, and Creek Bound Farms.
FISCAL YEAR 2023 APPALACHIAN REGIONAL COMMISSION {ARC)
PRELIMINARY PROJECT DESCRIPTION REVIEW AND RANKING
Susan Buchanan, Director, Office of Grant Management, recommended approval of the
Preliminary Project Descriptions as prioritized by the County Review Committee and to forward
the ranking to the Tri-County Council of Western Maryland for funding consideration. Ms.
Buchanan stated that funding requests for Washington County's Area Development Projects
include twelve (12) proposed projects requesting $5,179,325 in ARC funding.
Commissioner Baker, seconded by Commissioner Wagner, moved to approve the project
description review and ranking, to allow applicants to begin the application process, and to accept
grant funding for County projects, as requested. The motion passed unanimously.
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OPEN Session, May 10, 2022
CONSTRUCTION BID A WARD -PAVEMENT MAINTENANCE AND
REHABILITATION PROGRAM FOR FISCAL YEAR 2022 -Chip Seal Application (MS-
PMP-298-28)
Scott Hobbs, Director, Engineering, recommended approval to award the bid for the Pavement
Maintenance and Rehabilitation Program Fiscal Year 2022 (FY22) Chip Seal Applications
contract to the lowest responsive, responsible bidder, Russell Standard Corporation, Fayetteville,
Pennsylvania, for the amount of$1,623,364.50 which includes the option to extend the contract
for a period ofup to two (2), one (1) year extensions; this is a budgeted Capital Improvement Plan
(CIP) project (RDI024). Total expenses for the contract are estimated at $1,738,364.50; including
$1,623,364.50 for proposed bid award, and $115,000 for other expenses.
Commissioner Baker, seconded by Commissioner Burkett, moved to award the bid for the
Pavement Maintenance and Rehabilitation Program FY22 Chip Seal Applications contract to
Russell Standard Corporation, for the amount of $1,623,364.50, as presented. The motion passed
unanimously.
CONSTRUCTION BID A WARD -MOUSETOWN CULVERT REPLACEMENTS
Mr. Hobbs recommended approval to award the bid for the Mousetown Road Culvert
Replacements contract to the lowest responsive, responsible bidder, Service All, Inc., Mitchel ville,
Maryland in the amount of $593,481.00. The project is a 200 consecutive calendar day contract
with an anticipated notice to proceed in June 2022, completion in December 2022; liquidated
damages in the amount of $500 per calendar day for work beyond the completion day will be
assessed.
Commissioner Wagner, seconded by Commissioner Keefer, moved to award the bid for the
Mousetown Road Culvert Replacements contract to Service All, Inc., for the amount of
$593,481.22, as presented. The motion passed unanimously.
CONSTRUCTION BID AW ARD -CLEAR SPRING LIBRARY HEAT PUMP
Andrew Eshleman, Director, Public Works, recommended approval to award the bid for the Clear
Spring Library Heat Pump contract to the lowest responsive, responsible bidder, NOV A Facility
Solutions., McLean, Virginia, in the amount of $56,549.00; funds are budgeted in the Capital
Improvement Plan budget account 515000.30.11910 BLD075.
Commissioner Burkett recommended consideration be given to local contractors, Commissioner
Keefer concurs, noting Local Preference. Kirk Downey, County Attorney, noted that per the Code
of Local Public Laws, the County is required to accept the lowest responsible, responsible bidder.
Commissioner Wagner, seconded by Commissioner Keefer, moved to award the bid for the Clear
Spring Library Heat Pump Replacement contract to NOV A Facility Solutions, for the amount of
$56,549, as presented. The motion passed unanimously.
AMENDMENT TO ANIMAL CONTROL AGREEMENT
Kirk Downey, County Attorney, recommended authorization to execute the proposed Second
Amendment to the June 16, 1999 Animal Control Agreement between Washington County,
Maryland and the Humane Society of Washington County, Inc., as finalized by the County
Attorney's Office and the Humane Society. Mr. Downey shared that the Animal Control
Agreement between the County and the Humane Society will expire on or about August 14, 2022.
The proposed Second Amendment preserves the contractual agreement through August without
allowing for an automatic five-year extension.
Adam Greivell discussed, on behalf of the Humane Society, the automatic renewal of said
agreement and the intent to present updates.
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OPEN Session, May 10, 2022
Commissioner Wagner, seconded by Commissioner Burkett, moved to approve the execution of
the Second Amendment to the 1999 Animal Control Agreement, as presented.
The motion was amended with the date of October 31, 2022 with a potential extension to
November 2022 if needed. The motion passed unanimously.
REMOTE WORK POLICY
Charles Brown, Emergency Manager, Emergency Management; Danielle Weaver, Director,
Public Relations, and Marketing; and Deb Condo, Interim Director, Human Resources,
recommended adoption, and implementation of the remote work policy for Washington County
Government.
The Commissioners discussed the proposed remote work policy presented, to include potential
compensation to those staff members who cannot work remotely. Commissioner Burkett discussed
Workers Compensation, safety in the home, and liability. President Cline asked for a 90-day
update, following the in-place date of July 1, 2022.
Commissioner Keefer, seconded by Commissioner Burkett, moved to approve the adoption of the
Remote Work Policy, effective July 1, 2022, on a 90-day period, as presented. The motion passed
unanimously.
CLOSED SESSION
Commissioner Wagner, seconded by Commissioner Keefer, moved to convene in closed session
at 11 :52 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, in accordance with Section 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 compensation and filling of certain personnel
vacancies with specific candidates.
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 Krista L. Hart, County Clerk. Additionally,
the following staff member was present at times: Deb Condo, Interim Director, Human Resources.
RECONVENE IN OPEN SESSION
Commissioner Baker, seconded by Commissioner Wagner, moved to reconvene in open session
at 12:06 p.m. The motion passed unanimously.
ADJOURNMENT
Commissioner Baker, seconded by Commissioner Wagner, moved to adjourn the meeting 12:06
p.m. The motion passed unanimously.
Kris'ta L. Hart, County Clerk