HomeMy WebLinkAbout240507 - Open MinutesI
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o Washmgton County
MARYLAND
Board of County Commissioners of Washington County, Maryland
Open Session Minutes
May 7, 2024
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 John F. Barr called the regular meeting of the Board of County Commissioners of Washington
County, Maryland, to order at 8:02 a.m. with the following members present: Vice-President Jeffrey
A. Cline, Commissioner Derek Harvey, Commissioner Randall E. Wagner and Commissioner Wayne
K. Keefer.
FIRST CLOSED SESSION
Commissioner Wagner, seconded by Commissioner Cline, moved to convene in closed at 8:02 a.m. to
consult with counsel to obtain legal advice on a legal matter and to consult with staff, consultants, or
other individuals about pending or potential litigation. The motion passed unanimously.
In closed session, the Commissioners discussed legal matters.
Present during closed session at various times were Commissioners John F. Barr, Jeffrey A. Cline,
Derek Harvey, Wayne Keefer and Randall E Wagner; Dawn Marcus, County Clerk; Zachary J. Kieffer,
County Attorney; Michelle Gordon, County Administrator; Rosalinda Pascual, Assistant County
Attorney, Aaron Weiss, Assistant County Attorney and Roger Schlossberg, Attorney.
RECESS
RECONVENE IN OPEN SESSION
Commissioner Wagner, seconded by Commissioner Harvey, moved to reconvene in open session at
9:00 a.m. The motion passed unanimously.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Wagner attended the Hagerstown Aviation Museum East Coast Military Vehicle Rally.
He helped to kick off the Washington County Girls Softball League. Commissioner Wagner
congratulated Eagle Scout Aubrey Rayhel. He attended the UAWl 71 Central Maryland Workers
Memorial Service and thanked Dan Tedrick for hosting the event. Commissioner Wagner commented
both he and his father were members of the UAW 171 for many years.
Commissioner Keefer shared his condolences to the family of former Commissioner Ron Bowers in
the passing of his mother Ms. Pearl Bowers. He commented on the communication received regarding
a blighted prope1ty, with wild animal concerns, in Hancock and requested conversations to enhance
our code enforcement and to involve the necessary agencies to avoid future occurrences.
Couty Attorney, Zachary Kieffer commented staff is working on the issue.
Page 2 of 14
OPEN Session, May 7, 2024
Commissioner Harvey attended the soft opening of the Flying Boxcars at Meritus Park and
congratulated eve1yone who made that happen. He shared we are in day six of early voting and shared
the early voting sites. Commissioner Harvey commented on concerns regarding deteriorating buildings
and restoring historical homes in downtown Williamsport and Hancock and would like staff to address
the issue. He noted May is Military appreciation month and recognized all who are currently serving
in the militaiy. Commissioner Harvey shared tomorrow is Vict01y in Europe Day celebrating the end
of World War II in Europe and commented on antisemitism then and today. He shared there will be
Memorial Day wef 1•0 11d parades in Sharpsburg and Boonsboro.
Commissioner Cline commented he voted early at the Boonsboro American Legion location and, he
thanked the Election Board and Election workers. He commented on honoring former Mayor Mickey
Myers at the evening meeting and thanked her for her years of service. Commissioner Cline attended
the grand opening ceremony at the Community Foundations Office on Marsh Pike. He recognized this
National Teachers Week and National Nurses Week. Commissioner Cline attended the Williamspo11
Community Band Conceit at the Springfield Barn. He attended the soft opening of the Flying Boxcars
at Meritus Park. Commissioner Cline attended the kickoff of the Washington County Girls Softball
League. He watched as the Highways Department clear the debris from Broadfording Bridge.
Commissioner Cline attended the Eagle Scout Ceremony for Aubrey Rayhel. He attended the ribbon
cutting ceremony for the playground at Veteran's Park in Boonsboro. Commissioner Cline attended
the Western Maryland Delegation Economic Development Summit at Hagerstown Airp011 and thanked
Jonathan Horowitz for his detailed presentation. He attended the Big Brothers and Big Sisters Bowl
for Kids fundraiser event and recognized Tom Kline. Commissioner Cline attended Thunder in the
Square. He attended the UAW171 Central Maryland Workers Memorial Service and thanked Dan
Tedrick for hosting the event.
Commissioner Barr thanked his fellow Commissioners for reaching out to the Community and
attending many events. He attended the 75th Annual Banquet at Brook Lane and recognized JeffO'Neal
and the staff for their services and critical resources for the Community. Commissioner Barr thanked
Dan Tedrick for the UA WI 71 Central Maiyland Workers Memorial Service and commented it is near
and dear to his heait. He shared multiple upcoming events to include the dedication and unveiling at
the Clara Barton Memorial Park today at I :30 p.m.
STAFF COMMENTS
Dawn Marcus, County Clerk presented the request to approve the appointment of Timothy Ammons to
serve a first full, three-year term from June I, 2024, through May 31, 2027, as a regular member on the
Board of Zoning and Appeals. This is a paid board.
Commissioner Wagner, seconded by Commissioner Harvey moved to approve the appointment of
Timothy Ammons as presented. The motion passed unanimously.
Dawn Marcus, County Clerk presented the request to approve the re-appointment of Mayor William
Green to serve a fourth two-year term from May I, 2024, through April 30, 2026, as the Washington
County Municipalities Representative on the Hagerstown/Eastern Panhandle Metropolitan Planning
Organization. This is not a paid board.
Commissioner Keefer, seconded by Commissioner Wagner moved to approve the reappointment of
Mayor William Green as presented. The motion passed unanimously.
Page 3 of 14
OPEN Session, May 7, 2024
Dawn Marcus, County Clerk presented the request to approve the appointment of Karen Hays to serve
a first-full three-year term from May 1, 2024, through April 30, 2027, on the Washington County
Commission for Women. This is not a paid board.
Commissioner Wagner, seconded by Commissioner Keefer moved to approve the appointment of
Karen Hays as presented. The motion passed unanimously.
Dawn Marcus, County Clerk presented the request to approve the appointment of Catherine Magi to
serve a first-full three-year te1m from May 1, 2024, through April 30, 2027, on the Washington County
Commission for Women. This is not a paid board.
Commissioner Wagner, seconded by Commissioner Keefer moved to approve the appointment of
Catherine Magi as presented. The motion passed unanimously.
Zacha1y Kieffer, County Attorney presented a request to approve a revision to the Ethics Ordinance
which was adopted on March 26, 2024. The revision was to correct a typographical e1rnr on page ten
(10) of the Ordinance the correct number of days for a candidate to file for candidacy should be eight
(8) not the listed twenty (20).
Commissioner Wagner, seconded by Commissioner Harvey moved to adopt the correction to the Ethics
Ordinance as presented. The motion passed unanimously.
Michelle Gordon, County Administrator attended the Maiyland Theater Board meeting as the County
representative. She shared last week Chief Financial Officer Kelcee Mace, Budget Director Kim
Edlund and Director of Business and Economic Development Jonathan Horowitz presented
information to rating agencies, she thanked them for their outstanding job representing the County's
economic and financial conditions to the tlu·ee rating agencies and noted we expect to have the review
completed by May 13, 2024. Ms. Gordon attended the 34th Annual National Fire and Emergency
Services dinner presented by the Congressional Fire Services Institute in Washington D.C. The
symposium highlighted critical factors that impact the health and safety of firefighters and emergency
services personnel and honored individuals' and organizations for their dedicated services. She
attended the Post Legislative Forum relating the 2024 General Assembly programs and bills impacting
Washington County. Ms. Gordon shared the second meeting of the Pe1mits and Inspections staff
regarding the transition to the new building codes will be held May 15, 2024, and the next meeting will
be May 14, 2024.
CITIZEN PARTICIPATION
Hope Cline, Hagerstown commented on the Kirwan Blueprint and the need for funding for the
Washington County Public Schools.
Bernadette Wagner, Hagerstown is a former Board of Education Member she shared her support to
fund education tlu·ough the school systems.
Julie Dagenhart, Hagerstown shared her concerns of speeding and racing on Route 40 and requested
additional police patrol officers.
Joyce Shull, Hagerstown is a public educator currently teaching at Roxbmy Institution. She requested
the Commissioners fully fund the Washington County Schools budget.
Page 4 of 14
OPEN Session, May 7, 2024
Genie Massey, Boonsboro shared her children attend Washington County Public Schools and requested
the Commissioners fully fund the Washington County Schools budget.
Mary Heeringa, WCTA Hagerstown recognized this week as National Teacher's Week and welcomed
the Commissioners to visit the schools.
PUBLIC HEARING -MODIFICATION OF CHARGES, RENTALS, AND FEES AT THE
HAGERSTOWN REGIONAL AIRPORT FOR FY2025
President Barr convened a Public Hearing at 9:41 a.m. to obtain public comment for modification of
charges, rentals, and fees at the Hagerstown Regional Airport for FY2025.
Neil Doran, Director, Hagerstown Regional Airport, Kelcee Mace, Chief Financial Officer presented
the proposed increase in current charges, rentals, and fees at the Hagerstown Regional Airport. The
new schedule of rates and charges, if adopted, will become effective July 1, 2024. An approximate 4%
increase in T-Hangar rental charges is necessary to maintain compliance with fair market value grant
assurance required by the FAA as well as aging facilities and operations. Increases in parking and
landing fees are necessaiy to maintain a fee and rental structure for the facilities and services at
Hagerstown Regional Airp011 which will make the airport as self-sustaining as possible, taking into
account such factors as the volume of traffic and economy of collection. Based on the proposed rate
schedule, approximately $21,110.00 in revenue will be generated from T-Hangar rental charges;
$25,025.00 in revenue from badge and accesso1y charges; and $12,970.00 for other miscellaneous fees
related to operations.
Commissioner Barr requested clarification on the one-time charges vs. annual charges and a rationale
for the badge charges.
Mr. Doran clarified the dumpster cost recovery fee is for the cost of two dumpsters, the transient ramp
fees and overnight aircraft parking fees are a one-off request at the terminal area and are not charged
to the FBO, they are not changing the Landing fees which is different from the agenda report, they are
not changing the fuel flow fees.
Michelle Gordon, County Administrator requested clarification on the new fees that were not charged
before. She went through each fee individually to clarify the confusion.
Mr. Doran clarified the security fee for the air operation area would apply to a small number of users
at the airport. The badge fees are issued annually there is a mistake noting the monthly fee for the
badges are an annual fee and badge holder and badge return fees are one time airport operations fees.
The fee listing on the agenda is a mistake.
The Public Hearing was opened for public comment:
Carolyn Motz, Director Business Development Rider Jet Center shared her disappointment in not
getting input from the airp011 stakeholders regarding the changes. She commented the dumpster fee
should be a part of the rent, they are the fuelers for Allegiant airlines the badge fees for the Airport
Rider Jet Center employees' cost are $100.00 and they have twenty (20) employees who will need to
have that badge each year which would be a cost of$2,000.00. She does not suppo11 of the badge fees.
Rider Jet Center receives Allegiant's fuel; they are responsible for making sure it is pure they work at
cost to keep Allegiant at the airport. She did not hear about the airp011 maintenance fees until this
week, and she is opposed to the fees stating they could be more reasonable.
Page 5 of 14
OPEN Session, May 7, 2024
Ale Hernandez, Plane Care, Hagerstown, expects that while leasing the land he is provided with the
services that the fees are being requested for. He understands that there should be an increase in the T-
Hangar fee however does not support the individual fees such as the dumpster fees. The badge fees
should be airport personnel and not a tenant responsibility. He shared the disparity in airport fuel costs
and recommended lower fuel costs. Mr. Hernandez commended the airport on being easy to work with
however he commented he did not receive any information regarding the proposed increase of fees.
Commissioner Wagner questioned if the badge fee is brand new and shared that the tenants should not
be charged for the badges, the tenants are always willing to help regardless of the problem or situation.
He commented our fuel costs are acceptable. He believes the I-Hangar increases are acceptable
however would like a quicker turnaround time for maintenance responses. He does not want to penalize
the tenants with proposed fees.
Mr. Doran shared the badge fees are new as the airport has been absorbing the cost. The airpmi is
cmTently a TSA categmy, if the TSA upgrades the security category it could create a need for hundreds
of badges which would require training. The current cost is approximately $100.00 per badge and an
additional cost for software. He shared aviation fees on the fuel are common.
Commissioner Keefer requested clarification on the use of AOA and Cita badges.
Mr. Doran shared the Cita badge is for the highest level of security where the airliner sits. Airport staff
including firefighters, Rider Jet Center fuelers and the contracted mechanics who provide maintenance
service for Allegiant are required to have the badges.
Commissioner Harvey commented that he is not a private user of the airport however he has learned
that Allegiant and our commercial service is on edge. He shared concerns of charging Allegiant more.
He had questions regarding fuel costs, and costs not being included in normal tenant fees due to the
difference in quantities needed such as the dumpster fees.
Mr. Doran shared they are not in control of Ryder Jet Center fees; however, the airpo1i has not increased
the fuel flowage fee in many years. The costs such as dumpster fees are being spread out so as not to
charge any one business or individual user is facing a large fee for the month or the year.
Commissioner Cline requested an updated fee schedule before voting on the issue as information in the
fee schedule provided is inconect and he requested to make sure the information is provided to the
tenants in advance as well.
Mr. Doran shared it was not intentional that the tenants were not notified, they value the relationships
with the tenants.
Commissioner Barr requested the status of the terminal parking fees and passenger facility fees. He
discussed the cost of paid parking to circumvent some of the fees.
Mr. Doran shared that the terminal parking fee is listed on the bottom, the first hour is free. They are
preparing the application for the passenger facility fees which will need to go to the FAA and public
hearings.
The Public Hearing was closed at 10:22 a.m.
Page 6 of 14
OPEN Session, May 7, 2024
The Public Hearing was opened for Commissioner comments: There were no additional Commissioner
comments.
The Commissioners reached a unanimous consensus (5-0) to have the fees schedule properly updated
and tenants notifierl of the fees prior to bringing this back before the commissioners for a vote.
Commissioner Keefer asked 1tthe changes would be effective this budget season.
Michelle Gordon, County Administrator shared that the adjustments would need to be made to the
airport budget before the public hearing. Additional public comment can be made at the budget hearing
on May 15, 2024, at 6:00 p.m. at the Public Safety Training Center.
PUBLIC HEARING -MODIFICATION OF WATER AND SEWER RA TES FY2025
President Barr convened a Public Hearing at 10:24 a.m. to obtain public comment for the modification
of water and sewer rates FY2025.
Mark Bradshaw, Director, Environmental Management; and Kelcee Mace, Chief Financial Officer
presented the proposed modification of water and sewer rates. Water and Sewer revenue requirements
show that an increase in water and sewer rates is necessary to facilitate the Department of Water
Quality's long-range financial plans. The presented rate schedule provides rates for the next three years.
Having set rates for multiple years will provide clear directions for the budget in those years as well as
letting rate payers know what to expect. Rate changes project a revenue impact of $562,000.00 for
Sewer and $48,000.00 for Water for FY 2025. The proposed multiyear increase is 4.5% to 5.5%. The
summary of the proposed schedule of utility rates for FY2025 -FY2027 is attached to the Agenda
Report Fom1.
Kelcee Mace, Chief Financial Officer shared the 4.5% is average per year for over the three years. The
proposed rate for FY2025 would be an average 6% for sewer and a 5.6% increase for water, for FY2026
a 3.5% increase for sewer and 5% for water and for FY 2027 a 3/5% increase for sewer and 5% for
water. For FY2025 the average customer at 6000 gallons would be an additional $ I 0.97 increase for
sewer and $10.61 increase for water. Overall, for the three years the total increase combined would be
$24.80 or 13.65% for sewer and $31.30 per quarter or 16.47% over the three years. There are no
proposed changes to the allocation fees, administrative fees or laboratory fees just the water and sewer
rates.
Michelle Gordon, County Administrator shared in FY 2020, FY2021 and FY2023 there was a 0%
increase in the water fees and FY2023 and FY2024 there was a 0% increase in sewer fees for customers.
The average increase in the five-year period was cumulatively 2 to 3%.
The Public Hearing was opened for public comment: There was no public comment.
Commissioner questions:
Commissioner Cline commented that a 0% increase affects the enterprise fund in a negative way with
the increase of inflation and requested Ms. Mace explain this issue and shared it would not be the best
practice of the County to continue to draw from the general fund.
Ms. Mace shared during those years they do not increase the rates and do not draw enough revenue,
they take the funds from the general fund for the water and sewer which draws the fund down and can
create an issue of not having the required 25% of operating revenue in the general fund. During those
Page 7 of 14
OPEN Session, May 7, 2024
years we were drawing from the general fund balance and the rate increases are required to bring the
fund balance back to the required amount. Not bringing the fund balance to the required amount could
affect our ratings. They will still run the rate model through the years, this would create a base and if
there is a change it would come back before the Commissioners.
Commissioner Keefer discussed the needs for future upgrades and the rates needed to meet the upgrades
and the need for future investment.
Mr. Bradshaw share information regarding upgrades for lead to copper line and PFOSS requirements
that will be coming out in the near future which will require for additional treatments which will likely
be a three-to-five-year timeframe.
The Public Hearing was closed at 10:35 a.m.
The Public Hearing was opened for Commissioner comments:
Commissioner Keefer shared they generally wait to vote on an increase with the budget to give
additional time for public comment.
The Commissioners reached a unanimous consensus (5-0) to approve the request simultaneously with
the budget.
PUBLIC HEARING -APPLICATION FOR ZONING TEXT AMENDMENT RZ-24-001
President Barr convened a Public Hearing at 10:36 a.m. to obtain public comment for application for
Zoning: Text Amendment RZ-24-001.
Jill Baker, Director, Planning and Zoning presented the Application is being made to amend Section
23.4 (a) of the Washington County Zoning Ordinance to remove exemptions for height restrictions on
high-density warehouse structures.
Washington County is located at the intersection of two significant interstates (I-70 and I-81) thus
attracting transpottation related uses including warehouses and distribution facilities. These uses are
currently allowed only in the Industrial Restricted (IR), Planning Industrial (PI) and Highway
Interchange (HI) zoning districts.
The Washington County Zoning Ordinance currently has no definition of high-density warehouse
structures. In researching a definition to clarify this type of use, several definitions were found which
varied slightly. However, the general concept is that high-density warehousing is the concept of
condensing stored items into the smallest amount of space and eliminating aisle ways. In today's
workplace environment, this definition would likely apply to most, if not all, new warehouses and
distribution centers being built. In each of the districts mentioned, there is a height limitation of 7 5 feet.
However, there is an exemption included within the exemptions and modifications section of the
ordinance that allow for several specifically mentioned uses to exceed the zoning district height
requirements without limitation. One of the uses listed as having no height limitation is "high-density
warehouses". All of the other uses listed under this section are accessmy structures that do not have
need for occupancy. That makes the warehouse use stand out as an anomaly in this list of uses to be
exempt. The County's Emergency Services depmtment indicates that the highest ladder tluck in the
County is 100 feet; however, when the apparatus is fully set, the maximum height that can be reach is
Page 8 of 14
OPEN Session, May 7, 2024
75 feet. Given the proliferation of warehouses and distribution centers in the County, this exemption
could easily overw''"lm our local fire resources and cause potential life safety issues.
This amendment was reviewed by the Planning Commission at a public information meeting held on
March 4, 2024. At their April I, 2024, regular meeting, the Planning Commission voted unanimously
to recommend approval of this text amendment.
The Public Hearing was opened for public comment: There was no public comment.
Commissioner Keefer requested clarification on current height requirements for warehouses and would
we be lifting that restriction, and commented what we are striking in the proposed amendment is high-
density warehousing. He requested clarification for the path for a high-density warehouse to move
forward despite concerns from emergency services does not require a public hearing or a special
exemption.
Ms. Baker shared in the districts where they are permitted the ctment height cam10t exceed seventy-
five (75) feet that restriction would stay in place. The restriction we are lifting is an exemption that a
structure to exceed seventy-five (75) feet without any public paiticipation or modifications from the
jurisdiction. It is stated warehouses and all of the other uses within these districts is restricted to a
height of seventy-five (75) feet and they may not exceed that height, there is a section within the zoning
ordinance called exceptions and modifications that provide already codified exemptions so that people
do not have to keep going back to the Board of Zoning Appeals or the Planning Commission to get
modifications. She shared her concerns on how the high-density warehouses came in, and the
exceptions that might allow for the height exemptions that would permit an unlimited height. This
stems from the Ordinance put in place in 1973. The Planning Commission wants to limit the height on
the high-density warehouses as it is an occupiable structure. This would require the facility to come
back to the Planning Commission to request any variance to the height restriction. This would require
them to go through the Board of Zoning and Appeals and request a public hearing for a variance over
the seventy-five (75) feet.
Commissioner Cline clarified that they want to remove the automatic exemption from outside of the
growth area and the automatic exemption allowing them to go from seventy-five (75) feet to one
hundred and fifty (150) feet for high density warehouses.
Commissioner Wagner shared we are facing antiquated language in the zoning that someone has used
for high density warehouses.
Commissioner Keefer thanked Ms. Baker for her explanations, and he suppo11s the amendment.
The Public Hearing was closed at 10:51 a.m.
The Public Hearing was opened for Commissioner comments: There were no Commissioner
comments.
Commissioner Wagner, seconded by Commissioner Cline moved to approve to amend Section 23.4 (a)
of the Washington County Zoning Ordinance to remove exemptions for height restrictions on high-
density warehouse structures as presented. The motion passed unanimously (5-0)
Page 9 of 14
OPEN Session, May 7, 2024
PUBLIC HEARING -FY25 COMMUNITY DEVELOPMENT BLOCK GRANT
APPLICATION
President Barr convened a Public Hearing at 10:52 a.m. to obtain public comment for the FY25
Community Development Block Grant application.
Nicole Phillips, Senior Grant Manager, Grant management; Keith Fanjoy, CEO, San Mar Family and
Community Services; Jerica Washington, Deputy Director, San Mar Family and Community Services
presented the request to approve a resolution of support authorizing the submission of the County's
application for FY25 Community Development Block Grant funding for San Mar Family and
Community Services requesting $800,000.00 and accept funding as awarded.
In accordance with 24 CFR 570.486(a) (5), Washington County must provide a public hearing for the
purpose of obtaining citizens' views before submission of an application to the Community
Development Block Grant Program. The County intends to submit an application requesting
$800,000.00 for San Mar Family and Community Services.
The Ma1yland Community Development Block Grant Program (CDBG) is a federally funded program
designed to assist units oflocal government with activities directed toward neighborhood revitalization,
housing opportunities, economic development and improved public facilities and services. The State
of Maryland, specifically the Department of Housing and Community Development (DHCD), has
assumed the responsibility for the administration of the program from the U.S. Depai1ment of Housing
and Urban Development (HUD). The State provides CDBG funds for eligible projects based on
meeting one of three national objectives: 1) benefit to persons of low and moderate income 2)
prevention or elimination of slum or blight; or 3) meet an urgent need that is an immediate threat to
community health, safety, or welfare. During state fiscal year 2025, the State of Maryland anticipates
receiving an award of $8,165,077.00. These funds will be distributed throughout the state based on a
competitive grant process. If approved today, the County will submit an application requesting
$800,000.00. If funding is awarded, the County will enter into a subrecipient agreement with San Mar
Family and Community Services, and San Mar will use the funding towards their campus renovation
to create full-service housing for transition age youth. The grant application will be available for public
review on May 30, 2024, until June 5, 2024, at the Washington County Office of Grant Management
located at 100 W. Washington Street, Suite 1601. The grant will provide up to $800,000.00 for San
Mar Family and Community Services.
The Public Hearing was opened for public comment: There was no public comment.
Commissioner Harvey requested the timeframe for the transition period.
Mr. Fanjoy shared that the target is two years for the necessaty training and to establish bank accounts
to get the young person ready to move forward in life.
Commissioner Keefer requested how many individuals will be served, how many apa11ments?
Mr. Fanjoy shared that there are approximately fifteen (15) apat1ments to offer optimal space for the
individuals.
The Public Hearing was closed at 10:59 a.m.
Page 10 of 14
OPEN Session, May 7, 2024
The Public Hearing was opened for Commissioner comments: There were no Commissioner
comments.
Commissioner Wagner, seconded by Commissioner Cline moved to approve to approve a resolution of
supp01i authorizing the submission of the County's application for FY25 Community Development
Block Grant funding for San Mar Family and Community Services requesting $800,000.00 and accept
funding as awarded. The motion passed unanimously (5-0).
NATIONAL DRUG COURT MONTH (MAY 2024)
Board of County Commissioners presented a proclamation to Jennifer Bricker, Drug Comi
Coordinator, Circuit Comi for Washington County, Gray Barton, Director, Office of Problem-Solving
Comis and The Honorable Brett R. Wilson, Administrative Judge, Circuit Court for Washington
County. The Commissioners were invited to the Drug Comi Graduation on May 31. 2024, an invitation
will be sent out.
COUNTY COMMISSIONERS OF WASHINGTON COUNTY PUBLIC IMPROVEMENT
AND REFUNDING BONDS OF 2024 AUTHORIZING RESOLUTION
Lindsay Rader, Bond Counsel for Washington County; Kelcee Mace, Chief Financial Officer presented
the request to approve the resolution authorizing County Commissioners of Washington County (the
"County") to issue and sell, at public sale by solicitation of competitive bids, upon its full faith and
credit, a series of general obligation bonds in the original aggregate principal amount not to exceed
$28,555,000 for the purpose of financing or reimbursing costs of certain public facilities and projects
and currently refunding certain outstanding County general obligation bonds, as presented.
Certain Chapter Laws of Maryland, County Code provisions and provisions of the Annotated Code of
Maiyland, as applicable, authorize the County to issue and sell, upon its full faith and credit, general
obligation bonds for the purpose of (I) financing or reimbursing the cost of certain public facilities and
projects, as such terms are used in such statut01y provisions (see attachment for the contemplated public
facilities and projects)-such purpose is typically referred to as a "new money purpose," and (2)
cul'l'ently refunding in whole or in paii the outstanding County Commissioners of Washington County
Public Improvement Bonds of 2013 that mature on or after July 1, 2025 and the outstanding County
Commissioners of Washington County Public Improvement Bonds of2014 that mature on or after July
1, 2025. The County anticipates issuing a single series of its general obligation bonds for both new
money and current refunding purposes. The maximum original aggregate principal portion of the
contemplated series of bonds to be issued for new money purposes will not exceed $13,555,000.00 (a
maximum of$12,000,000.00 expected to be tax-suppo1ied and a maximum of$1,555,000.00 expected
to be self-supp01ied), and the maximum original aggregate principal portion of the contemplated series
of bonds to be issued for current refunding purposes will not exceed$ I 5,000,000.00. The amortization
schedule for the bonds set forth in the resolution assumes an original aggregate principal amount of
$25,455,000.00 which is less than the maximum original aggregate principal amount of the bonds
authorized by the resolution. Ce1iain details of the bonds are subject to adjustment based on market
conditions, due to legal or tax considerations or for other reasons identified in the resolution. The Chief
Financial Officer is authorized to make ce1iain determinations and adjustments with respect to the
bonds prior to release of the Preliminaiy Official Statement provided for in the resolution or following
such release but prior to the sale of the bonds, including (without limitation) adjusting the original
aggregate principal amount of the bonds, adjusting the amo1iization schedule for the bonds, postponing
the sale date, changing the principal, interest and/or optional redemption dates, and/or determining that
either some of the potential refunded bonds will not be currently refunded in whole or that none of the
potential refunded bonds will be currently refunded ( and, accordingly, that no portion of the bonds will
Page 11 of 14
OPEN Session, May 7, 2024
be issued for refunding purposes). In addition, authority to award or reject the bonds at the sale, and to
make ce1tain post-sale bond sizing adjustments contemplated by the resolution, is delegated to the Chief
Financial Officer, who shall act by order. Specified officials are authorized to finalize the form of the
Preliminary Official Statement presented to the Board and to approve the final Official Statement. The
resolution expresses the Board's intention that post-receipt of bids adjustments be made on the sale
date in order to allocate net original issue premium resulting from the successful bid not needed for
underwriter's discount, to the extent such additional net original issue premium is so available to the
purposes for which the bonds are issued, thereby reducing the final par amount of the bonds to be
issued. The resolution also provides for the County Administrator or the County Administrator's
designee to take ce1tain actions in connection with the issuance of the bonds that are typically taken by
the County Clerk, due to any vacancy in the County Clerk's position or any unavailability of the County
Clerk ( attesting to the County seal and making ce1tifications or representations in closing documents
that are typically made by the County Clerk).
Commissioner Harvey requested information on how much of our bond do we pay off every year, how
much new borrowing does this include and overall does the debt go up or down.
Kelcee Mace, Chief Financial Officer shared we generally pay off about $15,000,000.00 to
$16,000,000.00 million dollars each year, for new bo1rnwing the maximum is $13,500,000.00, because
of how they have been sized over the past few years the debt has gone down normally we do a
$12,000,000.00 issue where the $12,000,000.00 is obligated, since we have done the sizing it has gone
down with last year being a little over a $9,000,000.00 for the general fund which we committed to pay
back.
Commissioner Cline, seconded by Commissioner Wagner moved to approve the Resolution as
presented. The motion passed (4-1). Commissioner Harvey was a Nay vote.
PRESERVATION MONTH {MAY 2024)
Meghan Jenkins, GIS Coordinator, Planning and Zoning; and Greg Smith, Chair of the Historic District
Commission thanked the Commissioners for their recent increase to tax credit program for the HDC
sharing she has had significant increase in interest in the program and has received a lot of positive
feedback from the citizens. She shared they will be posting on Social Media and challenged the
Commissioners to share their photos of their favorite historic structures in the County. They will be
co-hosting an event with the Washington County Historic Trust and Preservation Maryland May 22,
2024, at 6:00 p.m. at the public library and also the John Frye Awards tlu·ough the Historical Advisory
Committee on May 16, 2024. Mr. Smith thanked the Commissioners for their help and support over
the years and helping to directly assist the prope1ty owners. The Commissioners presented a
proclamation to the Historic District Commission.
SUNNY LAND CORPORATION RURAL LEGACY PROGRAM {RLP} EASEMENT
Chris Boggs, Rural Preservation Administrator, Planning and Zoning presented the request to approve
the Sunny Land Corporation RLP Easement project, in the amount of $831,438.86 for 202.13249
easement acres, paid for I 00% by the Mmyland Department of Natural Resources, and to adopt an
ordinance approving the easement purchase and to authorize the execution of the necessary
documentation to finalize the easement purchase. The Sunny Land Corporation prope1ty is located at
Dam 4 Rd., Williamspmt, and the easement will serve to permanently preserve a valuable agricultural,
scenic and environmental prope1ty in the County. The parcel is mostly woods with some agricultural
areas. It lies in a patt of Washington County that was heavily trafficked during the Civil War and the
Battle of Antietam and is adjacent to a stone farmstead, a 19th Centmy farmstead, and the Dr. William
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OPEN Session, May 7, 2024
H. Grimes House, all on the Matyland Inventory of Historic Places. Additionally, the property is within
close proximity to the C&O Canal and Potomac River, buffering approximately 3900 linear feet of
those waterways. The parcel adds on to a block of thousands of acres of contiguous preserved farmland
near Antietam Battlefield and Williamsport. Eight (8) development rights will be extinguished with
this easement.
Commissioner Cline questioned how the prope1ty is valuated and who is the Sunnyland Corpo1tation.
Commissioner Keefer questioned the acreage on the map of 188 acres.
Commissioner BatT requested information on where the prope1ty line ends.
Mr. Boggs shared the Bergers of Williamsport own the prope1ty; the survey came back with more
acreage than what was in the GIS map which changed the number of acres to 202.13249 and the
property line does not go all of the way down to the canal, the National Park Service owns that property.
Commissioner Wagner seconded by Commissioner Harvey moved to approve the Sunny Land
Corporation RLP Easement project, as presented. The motion passed unanimously (5-0)
IZER RURAL LEGACY PROGRAM (RLP) EASEMENT
Chris Boggs, Rural Preservation Administrator, Planning and Zoning presented the request to approve
the Jean E. Izer Revocable Living Trust RLP Easement project, in the amount of $500,544.00 for
118.78 easement acres, paid for I 00% by the Matyland Department of Natural Resources, and to adopt
an ordinance approving the easement purchase and to authorize the execution of the necessaiy
documentation to finalize the easement purchase. The Izer propetty is located at 16152 Natural Well
Rd., Williamsport, and the easement will serve to permanently preserve a valuable agricultural, historic,
scenic and environmental pro petty in the County. The parcel is mostly pasture land and cropland with
some wooded areas. It lies in a part of Washington County that was heavily trafficked during the Civil
War and the Battle of Antietam, sits along the historic Natural Well Road and is the site of a stone
farmhouse listed on the Matyland Invent01y of Historic Places. Additionally, the prope1ty serves to
buffer approximately 1300 linear feet of a small tributaiy to the Potomac River. The parcel adds on to
a block of thousands of acres of contiguous preserved farmland near Antietam Battlefield and
Williamsport. Six (6) development rights will be extinguished with this easement.
Commissioner Cline seconded by Commissioner Keefer moved to approve the Jean E. Izer Revocable
Living Trust RLP Easement project as presented. The motion passed unanimously (5-0).
BID AWARD RENEWAL (PUR-1567)-ELECTRONIC RECYCLING
Brandi Naugle, Buyer, Purchasing; Dave Mason, Deputy Director, Solid Waste presented the request
to approve to renew the contract for Electronic Recycling Services at the 40 West Landfill with PC
Recycler/dba Securis, of Chantilly, VA per the rates included in its letter dated April 2, 2024. Securis
is requesting an approximate 2.6% increase above the current rates for the services.
Commissioner Harvey seconded by Commissioner Wagner moved to approve to approve to renew the
contract for Electronic Recycling Services as presented. The motion passed unanimously (5-0).
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OPEN Session, May 7, 2024
PURCHASE OF ONE (1} 2024 FORD TRANSIT VAN FOR THE INFORMATION SYSTEMS
DEPARTMENT
Rick Curry, Director, Purchasing; David Elliott, Director, Information Systems presented the request
to approve for the Information Systems Depai1ment to purchase one (1) Ford Transit van from
Hagerstown Ford of Hagerstown, MD in the amount of $60,215.00. The purchase of vehicles has
become ve1y time-consuming and exhausting. Prior to the pandemic there were vetted programs in
place to help local governments to expedite and streamline the procurement process of purchasing
vehicles; that has changed to due manufacturer's business model of accepting vehicle orders that don't
align with our fiscal year. Information Systems has made several attempts to purchase a vehicle from
various dealership inventmy only to have the vehicle sold prior to requesting Board approval to
purchase the vehicle. This vehicle is available and is sitting on the dealership's car lot.
Commissioner Wagner seconded by Commissioner Cline moved to approve to purchase one (1) Ford
Transit van from Hagerstown Ford of Hagerstown, MD in the amount of$60,215.00 as presented. The
motion passed unanimously (5-0).
HAGERSTOWN REGIONAL AIRPORT TAXIWAY C OBJECT FREE AREA DESIGN AND
CONSTRUCTION AND RUNWAY 02-20 DESIGN PROJECTS APPROVAL TO SUBMIT
RELATED APPLICATIONS
Neil Doran, Director, Hagerstown Regional Airport presented the request for conditional approval to
submit F AAIMAA grant applications, sign related paperwork and later accept awarded grants based
upon the total project cost being below what is already programmed and approved in previous County
budgets.
These are already previously identified and budgeted projects. The previously budgeted numbers are
believed by staff and our consulting engineers to be more than adequate to cover the costs. In order to
meet deadlines, requesting permission to move forward with applications to FAA and MAA as swiftly
as possible, despite not yet having the construction bids in hand for the TWY C OFA Construction
p011ion.
Commissioner Wagner seconded by Commissioner Keefer moved to approve the conditional approval
to submit FAA/MAA grant applications as presented. The motion passed unanimously (5-0).
APPROVAL TO APPLY/ACCEPT GRANT FUNDING AND ISSUE PURCHASE ORDERS -
AIRPORT RVZ/ROFA PROJECT
Neil Doran, Director, Hagerstown Regional Airport presented the request for conditional approval to
sign/submit FAAIMAA grant applications and related paperwork for this "Grant 71" project based
upon total costs being below amounts programmed and approved in previous County budgets; and for
approval to issue Purchase Order for ADCI Design, Bid & Construction Phase Services totaling
$418,038.00; and for approval to issue Purchase Order for ADCI to subcontract with Taffy Pippen
Consulting, LLC to perform DBE Program Update Services totaling $40,500.00
Commissioner Wagner seconded by Commissioner Cline moved to approve the conditional approval
to sign/submit FAA/MAA grant applications and related paperwork for this "Grant 71" project as
presented. The motion passed unanimously.
SECOND CLOSED SESSION
Commissioner Cline, seconded by Commissioner Keefer, moved to convene in closed at 11 :43 a.m. to
discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation,
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OPEN Session, May 7, 2024
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 related to the negotiations. The motion passed unanimously.
In closed session, the Commissioners discussed, personnel matters, a business proposal and legal
matters.
Present during closed session at various times were Commissioners John F. Barr, Jeffrey A. Cline,
Derek Harvey, Wayne Keefer and Randall E Wagner; Dawn Marcus, County Clerk; Zachary J. Kieffer,
County Attorney; Michelle Gordon, County Administrator; Rosalinda Pascual, Assistant County
Attorney; Aaron Weiss, Assistant County Attorney; Chip Rose, Director Human Resources; Jonathan
Horowitz, Director, Business and Economic Development; Andrew Eshleman, Director of Public
Works; Sheriff Brian Albert, Washington County Sheriffs Office; and Andrew Bright, Attorney for
Washington County Sheriff's Office.
RECONVENE IN OPEN SESSION
Commissioner Harvey, seconded by Commissioner Keefer, moved to reconvene in open session at
12:31 p.m. The motion passed unanimously.
ADJOURNMENT
Commissioner Harvey, seconded by Conunissioner Keefer, moved to adjourn at 12:31 p.m. The
motion passed unanimously.
THE BOARD OF COUNTY COMMISSIONERS ATTENDED A DEDICATION CEREMONY
FOR THE CLARA BARTON STATUE, PARK CIRCLE AREA,
HAGERSTOWN MARYLAND AT 1:30 P.M.