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HomeMy WebLinkAbout251104 - Open SessionBoard of County Commissioners of Washington County, Maryland Open Session Minutes November 4, 2025 INVOCATION AND PLEDGE OF ALLEGIANCE Invocation presented by President John F. Barr, 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 9:01 a.m. with the following members present: Vice -President Jeffrey A. Cline, Commissioner Derek Harvey, Commissioner Randal A. Leatherman and Commissioner Randall E. Wagner. APPROVAL OF MINUTES Commissioner Wagner, seconded by Commissioner Leatherman, moved to approve the minutes of October 14, 2025. The motion passed unanimously (5-0). COMMISSIONERS' REPORTS AND COMMENTS Commissioner Wagner thanked the Washington County Board of Education for the ground breaking ceremony for the new Downsville Pike Elementary School. He thanked the Town of Clear Spring for attending the evening meeting. Commissioner Leatherman participated in the Alsatia Mummers Day parade. He attended the Hancock 78th annual Halloween parade. Commissioner Leatherman attended the Operation Warm IAFF 1605 distribution of winter coats at Salem Elementary School. He reminded everyone to test their smoke detectors. Commissioner Harvey shared the upcoming Veteran's Day events throughout the County. He recognized the Commissioners who have served in the military. Commissioner Cline thanked the Washington County Board of Education for the ground breaking ceremony for the new Downsville Pike Elementary School. He attended the Operation Warm IAFF 1605 distribution of winter coats at Salem Elementary School. Commissioner Cline attended the Potters Bowl benefit for the Community Free Clinic at the Elks Lodge. He attended the Distinguished Citizen Award ceremony recognizing Lou Scatty. Commissioner Cline attended the Steam Program at Hagerstown Community College (HCC). He visited the Highways Department as they were preparing their equipment for upcoming winter weather and thanked staff for their preparations. Commissioner Cline thanked all staff who were involved with the preparation of the 250th Anniversary Float. He attended the Trunk or Treat event sponsored by the Sheriff's Department and the Recreation and Parks' Department at HCC. Commissioner Cline attended the Ag Expo banquet and meeting, and he recognized Ad Fulton and his family for their many years of participation and contributions to the Agricultural Education Center. Page 2 of 9 OPEN Session, November 4, 2025 Commissioner Barr attended the Ag Expo banquet and meeting, and he commented on the Ag Expo Fair. He recognized the Fulton family for their support. Commissioner Barr attended the Salvation Army Hallelujah Carnival. He commented on upcoming Veteran's Day events. STAFF COMMENTS Andrew Eshleman, Director, Public Works presented the request for a consensus for a letter of support to be sent to the Secretary of the Maryland Department of Transportation (MDOT), on behalf of the Board of County Commissioners, regarding the MDOT Project prioritization. The scoring system requires the County to submit a request for funding for the Consolidated Transportation Program for Capacity Enhancing Projects which are transit and roadway for I-81. There are three priorities in the letter; 1. The Planning and feasibility phase; 2. The scoring of projects with no regard to the mode where transit and highway projects are lumped together in the same scoring system; and 3. There is no account for regional diversity and variation in regard to rural and urban areas. The Commissioners reached a unanimous consensus (5-0) for a letter of support to be sent to the Secretary of the Maryland Department of Transportation as presented. Michelle Gordon, County Administrator presented the request for a consensus for a letter of support for the Town of Keedysville for the Sustainable Action Maryland Grant for the Taylor Park Mural Project. The mural will celebrate Keedysville's history and showcase native plants and trees, providing both educational and artistic value. Taylor Park is a regional destination, enjoyed by not only Keedysville residents but also visitors from throughout Washington County and the region. The mural will enhance the park's beauty and create a shared space that fosters community pride and engagement across the county. No funding is being requested from the County at this time. The Commissioners reached a unanimous consensus (5-0) for a letter of support for the Town of Keedysville for the Sustainable Action Maryland Grant as presented. Michelle Gordon, County Administrator presented the request for a consensus for a letter of support for the Washington County Volunteer Fire and Rescue Association (WCVFRA) for a grant application to the Maryland Professional and Volunteer Firefighters Cancer Screening Grant Program. The Board is prepared to offer administrative assistance as needed or required to facilitate a successful application and administration of the grant program and to fulfill reporting requirements. The letter of support does not commit the County to any funding; however, it commits county staff to assist the WCVFRA, if needed, with administration and reporting related to the grant if awarded. The Commissioners reached a unanimous consensus (5-0) for the Washington County Volunteer Fire and Rescue Association letter of support as presented. Michelle Gordon, County Administrator, presented a request received from the Greater Hagerstown Committee and Washington County Coalition regarding 2026 Legislative Priorities for a consensus to add the continued funding for the George Edwards Fund which is used for grants for Economic Development Projects in Washington County, Garrett County and Allegheny County to the Legislative Priorities. The Commissioners reached a unanimous consensus (5-0) to add continued funding for the George Edwards fund to the 2026 Legislative Priorities as presented. Page 3 of 9 OPEN Session, November 4, 2025 Michelle Gordon, County Administrator shared the times for Washington County's meeting with the Delegation at the Pre -Legislative Forum on November 5, 2025. She has attended meetings with the Maryland Appropriations Committee, Budget and Finance Affiliates for MACo, Community Partners regarding food resources, and Maryland Theatre events. Ms. Gordon attended the ground breaking ceremony for the new Downsville Pike Elementary School. Michelle Gordon, County Administrator, recited two recent Open Meetings Act opinions. 1. END OF YEAR FY25 BUDGET ADJUSTMENTS TO THE WASHINGTON COUNTY BOARD OF EDUCATION'S GENERAL FUND BUDGET Jeffrey Proulx, Chief Operating Officer, Washington County Public Schools; and Eric Sisler, Executive Director of Finance, Washington County Public Schools presented the request to approve the FY2025 budget adjustments to the Washington County Board of Education's General Fund Budget. The Washington County Board of Education approved the list of changes attached to the Agenda Report Form to its FY2025 General Fund Budget at its October 21, 2025, meeting. The Board of Education approved the changes on October 21, 2025, the changes cross major categories. Therefore, these requested adjustments must also be approved by the Board of County Commissioners. Commissioner Wagner, seconded by Commissioner Cline, moved to approve the Washington County Board of Education's budget adjustment as presented. The motion passed unanimously (5-0). 2. OPTIONAL 4Tn EARLY VOTING CENTER FOR WASHINGTON COUNTY Barry Jackson, Director, Washington County Board of Elections, presented the request for approval of Washington County Election Center as a fourth early voting center in Washington County. Election Law § 10.301.1(b) requires that counties with at least 100,000 registered voters but fewer than 200,000 registered voters shall have three (3) Early Voting centers. The law also allows local boards of elections (LBE) to select one additional Early Voting Center, with the approval of the local governing body and the State Board of Elections (SBE). At its October 14, 2025, regular meeting, the Washington County Board of Elections selected the Fletcher Branch of the Washington County Free Library as Early Voting Center 1, the Boonsboro American Legion as Early Voting Center 2, and the Clear Spring American Legion as Early Voting Center 3. At that same meeting, they selected, as an optional fourth site, the Washington County Election Center, pending approval from the County Commissioners and SBE. The Commissioners reached a unanimous consensus (5-0) to wait for the State to provide its final guidance on geographic considerations before making a decision and to bring this item back for further discussion with the Board of Elections Commissioners at the Board of County Commissioners meeting on November 18, 2025. 3. VOLUNTEER FIRE AND EMS REVOLVING LOAN FUND (VFERLF) R. David Hays, Director, Emergency Services; and Oley Griffith, Coordinator Volunteer Services, presented the request to approve the recommended modifications to the Volunteer Fire and EMS Revolving Loan Fund (VFERLF). Staff are recommending several modifications, including increasing the maximum loan fund balance, increasing from the current $1,000,000.00 of funding to $2,500,000.00 of available funding. Recommendations also include graduated percentages and maximum loan values, identified by the proposed purpose of the loan. Modifications to the committee's structure and membership are also included in the recommendation. Page 4 of 9 OPEN Session, November 4, 2025 Commissioner Cline, seconded by Commissioner Wagner, moved to approve the modifications to the Volunteer Fire and EMS Revolving Loan Fund as presented. The motion passed unanimously (5-0). 4. FIRST HOSE COMPANY OF BOONSBORO EMS TRANSPORT UNIT - ROHRERSVILLE FIRE STATION R. David Hays, Director, Division of Emergency Services; Oley Griffith, Coordinator, Volunteer Services, Division of Emergency Services; Vern Wachter, Chief, First Hose Company of Boonsboro; and George Meyer, President, First Hose Company of Boonsboro, presented the request to approve the First Hose Company to Boonsboro to establish Emergency Medical Services (EMS) transport services from its current sub -station on MD Route 67 (Rohrersville Road), Fire Station 8. If EMS transport services are approved under this request, DES would utilize the two (2) existing County employees to cross staff the transport unit. The EMS Memorandum of Understanding is attached to the Agenda Report Form. Commissioner Cline, seconded by Commissioner Leatherman, moved to approve the EMS Memorandum of Understanding to establish EMS transport services from its current sub -station on MD Route 67 (Rohrersville Road), Fire Station 8. as presented. The motion passed unanimously (5-0). S. BID AWARD (PUR-1771) WATER SEWAGE PLAN UPDATE Brandi Kentner, Director, Purchasing; and Jill Baker, Director, Planning and Zoning, presented the request to award the procurement of a Water Sewerage Plan Update to Rummel, Klepper & Kahl, LLP (RK&K) of Baltimore, MD for the total sum amount of $51,500.00. This approval is contingent upon the final approval of the contract by the County Attorney's office. The awardee will draft a Water and Sewerage Master Plan that conforms to the requirements of the Environmental Article of the Annotated Code of Maryland as well as COMAR. The draft should include all analysis, maps, charts, models, and drawings as required by Maryland State law. All draft and final plans will be reviewed by county and municipal staff, Maryland Department of the Environment, the county Planning Commission, and local elected officials. Commissioner Wagner, seconded by Commissioner Leatherman, moved to approve to award the procurement of a Water Sewage Plan Update to Rummel, Klepper & Kahl, LLP as presented. The motion passed unanimously (5-0). 6. SOLE SOURCE PROCUREMENT (PUR-1782) 250" ANNIVERSARY COIN Brandi Kentner, Director, Purchasing; and Danielle Weaver, Director, Public Relations and Marketing, presented the request to authorize the purchase of 250th Anniversary coins in the amount of $69,600.00 for 4,000 sets from Everything Promo of New York, NY. These commemorative coins will be available for resale through an online store launched by the Washington County Public Relations and Marketing Department, as well as at the July 4, 2026, celebration honoring both America's and Washington County's anniversaries. Commissioner Leatherman, seconded by Commissioner Harvey, moved to approve the purchase of 250'x' anniversary commemorative coins as presented. The motion passed unanimously (5-0). Page 5 of 9 OPEN Session, November 4, 2025 7. INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-25-0217) - DEBTBOOK, DEBT AND LEASE MANAGEMENT PRODUCTS AND SERVICES FOR THE DEPARTMENT OF BUDGET AND FINANCE Brandi Kentner, Director, Purchasing; and Zane Garrett, Deputy Director, Budget and Finance, presented the request to authorize by Resolution, the approval for the purchase of debt and lease products and services for a cloud -based software for the Department of Budget and Finance from DebtBook of Charlotte, NC at the contracted pricing totaling $158,875.00 for a five-year term, based on the contract awarded by Omnia National Cooperative Purchasing Alliance (NCPA) RFP #14-03. This is contingent on the final approval by the County Attorney's office of the contract agreement. Commissioner Wagner, seconded by Commissioner Leatherman, moved to approve to authorize by Resolution, the approval for the purchase of debt and lease products and services for a cloud -based software from DebtBook as presented. The motion passed unanimously (5-0). 8. RESCIND BID AWARD (PUR-1772) -- HANGAR 22 HVAC SYSTEM REPLACEMENT FOR THE HAGERSTOWN REGIONAL AIRPORT Carin Balmer, Buyer, Purchasing; and Neil Doran, Director, Hagerstown Regional Airport, presented the request to approve to relieve Digital Career Opportunities Worldwide LLC of Middle River, MD, from their bid submission dated October 7, 2025, without prejudice for the procurement of the Hagar 22 HVAC System Replacement at the Hagerstown Regional Airport. On October 22, 2025, the Purchasing Office received notification from Digital Career Opportunities Worldwide LLC requesting to rescind their bid submission for this project. Commissioner Wagner, seconded by Commissioner Leatherman, moved to approve to relieve Digital Career Opportunities Worldwide LLC as presented. The motion passed unanimously (5-0). 9. BID AWARD (PUR-1772) - HANGAR 22 HVAC SYSTEM REPLACEMENT FOR THE HAGERSTOWN REGIONAL AIRPORT Carin Bakner, Buyer, Purchasing; and Neil Doran, Director, Hagerstown Regional Airport presented the request to award the Hangar 22 HVAC System Replacement at the Hagerstown Regional Airport contract to the responsive, responsible bidder MS Johnston Co. Inc., of Hagerstown, MD, based on the Total Lump Sum bid of $72,000.00. Commissioner Harvey, seconded by Commissioner Wagner, moved to approve to award the Hangar 22 HVAC System Replacement at the Hagerstown Regional Airport to MS Johnston Co. Inc., as presented. The motion passed unanimously (5-0). 10. CONTRACT AWARD (PUR-1773) FOR GASOLINE AND DIESEL FUEL DELIVERIES Carin Balmer, Buyer, Purchasing; and Zane Rowe, Deputy Director, Highways Department, presented the request to award the bids for gasoline and diesel fuel transport deliveries under four (4) separate contracts to the responsive, responsible bidders who submitted the lowest bids. Item No. 7 of the bid will be contingent upon individual departmental requirements. 1. Contract for gasoline tank -wagon deliveries to AC&T Company, Inc. of Hagerstown, MD, at the unit bidder factor prices as stated in its bid dated October 21, 2025. 2. Contract for gasoline transport deliveries to Petroleum Traders Corporation of Fort Wayne, IN., at the unit bidder factor prices as stated in its bid dated October 21, 2025. Page 6 of 9 OPEN Session, November 4, 20Th 3. Contract for diesel tank -wagon deliveries to AC&T Company, Inc. of Hagerstown, MD, at the unit bidder factor prices as stated in its bid dated October 21, 2025. 4. Contract for diesel transport deliveries to Petroleum Traders Corporation of Fort Wayne, IN., at the unit bidder factor prices stated in its bid dated October 21, 2025. Commissioner Harvey, seconded by Commissioner Leatherman, moved to approve to award the contracts 1-4 for gasoline and diesel fuel transport deliveries as presented. The motion passed unanimously (5-0). 11. LETTER OF SUPPORT - CHALLENGE TO MARYLAND DEPARTMENT OF THE ENVIRONMENT (MDE) INTERPRETATION OF "MINOR SUBDIVISION" Jill Baker, Director, Planning and Zoning, presented the request to approve to provide a letter of support to Oliver Homes, LLC for their challenge of MDE interpretation. The Annotated Code of Maryland, Environment Article §9-206(a)(6)(i)(1)(B) states that a local jurisdiction may define or describe a minor subdivision within their ordinances provided the regulation "does not exceed seven new lots, plats, building sites, or other divisions of land." (Emphasis added). MDE, however, appears to interpret this provision as only allowing six new lots, with the "remaining lands" being treated as "Lot 7" rather than recognizing the "remaining lands" as having its own vested right that existed prior to the subdivision. Commissioner Wagner, seconded by Commissioner Harvey, moved to approve to provide a letter of support to Oliver Homes, LLC presented. The motion passed unanimously (5-0). 12. RE -APPOINTMENT OF JEFF SEMLER TO A 2ND TERM ON THE PLANNING COMMISSION Jill Baker, Director, Planning and Zoning, presented the request to approve the appointment of Jeff Semler to serve a second, five-year term, from October 1, 2025, through September 30, 2030, on the Planning Commission. This is a paid board. Commissioner Harvey, seconded by Commissioner Wagner, moved to approve the appointment of Jeff Semler as presented. The motion passed unanimously (5-0). 13. POTOMAC EDISON AIRPORT EASEMENT Andrew Eshleman, Director, Public Works, presented the request to approve the easement and to authorize the execution of the necessary documentation to finalize the easement. The County and the Hagerstown Regional Airport received a State Rural Development Fund grant to extend underground utilities along Air Park Road on airport property and construct a digital air park sign. Potomac Edison is requesting a 10 ft easement over the underground power utility service and equipment. Commissioner Wagner, seconded by Commissioner Leatherman, moved to approve the Potomac Edison Airport Agreement as presented. The motion passed unanimously (5-0). Page 7 of 9 OPEN Session, November 4, 2025 14. SMITHSBURG WWTP NEW ELECTRIC SERVICE — EASEMENT AGREEMENT Joseph W. Moss, Deputy Director, Engineering, Environmental Management, presented the request to approve to execute and notarize the Right -of -Way agreement for new electric service to Smithsburg Waste Water Treatment Plant (WWTP). As part of the Smithsburg WWTP ENR Upgrade, Potomac Edison will be installing a larger electric service. They have requested the County execute a new easement agreement that covers the underground cables and new transformer being installed. Commissioner Wagner, seconded by Commissioner Harvey, moved to approve to execute and notarize the Right -of -Way agreement for Smithsburg WWTP as presented. The motion passed unanimously (5-0). 15. PERMITS OPERATIONS MANAGER Chip Rose, Director of Human Resources, presented the request to approve to promote Paula Cauffman as the new Permit Operations Manager at a Grade 13, Step 3, at $33.06/ hourly, $68,765.00 annually. Commissioner Wagner, seconded by Commissioner Harvey, moved to approve the promotion of Paula Cauffman as presented. The motion passed unanimously (5-0). 16. RECOMMENDED OVERFILLING STRATEGY FOR EMERGENCY COMMUNICATION SPECIALISTS (ECS) Chip Rose, Director of Human Resources, presented the request to approve to overfill the ECS I by a conservative 10% (4) of an approved HC budget in anticipation of the 25% turnover to develop a staffing strategy that anticipates an extended training window for ECS. The data shows it takes 12 months to train a new hire to become proficient as an ECS I (generally referred to as a call taker). It will take another 6 months to become proficient as an ECS II and a total of 24 months to become proficient as an ECS III. Commissioner Harvey, seconded by Commissioner Leatherman, moved to approve to overfill the ECS I position as presented. The motion passed unanimously (5-0). 17. WASHINGTON COUNTY MENTAL HEALTH AUTHORITY, INC.: APPOINTMENTS Dawn Marcus, County Clerk presented the request to approve the appointments of Tyeshia Clark to serve a first, full three-year term, from November 1, 2025, through October 31, 2028, as a Child Advocate and Jessica McKinley to serve a first, full three-year term, from November 1, 2025, through October 31, 2028, as a Citizen at Large on the Mental Health Authority. This is not a paid board. Commissioner Leatherman, seconded by Commissioner Wagner, moved to approve the appointments of Tyeshia Clark and Jessica McKinley as presented. The motion passed unanimously (5-0). 18. ADOPTION OF FINDINGS OF FACT AND DECISION FOR ZONING MAP AMENDMENT RZ-25-006 Zachary Kieffer, County Attorney, presented the request to approve to adopt a written Findings of Fact and Decision for Zoning Map Amendment RZ-25-006. The Board of County Commissioners voted to approve (5-0) the request for a zoning map amendment by Fast Gas Company from RT — Residential, Transition to HI — Highway Interchange. Page 8 of 9 OPEN Session, November 4, 2025 Commissioner Wagner, seconded by Commissioner Leatherman, moved to approve to adopt a written Findings of Fact and Decision for Zoning Map Amendment RZ-25-006 as presented. The motion passed unanimously (5-0). 19. RETENTION OF GOVERNMENT RELATIONS CONSULTANT AND LOBBYIST Zachary Kieffer, County Attorney, presented the request to approve to retain Bruce C. Bereano as the County's government relations consultant and lobbyist for the 2026 Session of the Maryland General Assembly upon the terms set forth in the proposed retainer letter dated October 20, 2025. Bruce C. Bereano has served the Board of County Commissioners as its government relations consultant and lobbyist for the past nine (9) years. Mr. Bereano has offered to again serve in this role for the 2026 General Assembly session, for a fixed engagement fee of $10,000.00 plus $100.00 for the lobbying registration fee. The term of his representation would be the calendar year 2026. Commissioner Cline, seconded by Commissioner Harvey, moved to approve to retain Bruce C. Bereano as the Government Relations Consultant and Lobbyist as presented. The motion passed unanimously (5-0). 20. APPROVAL OF APPLICATIONS FOR INCLUSION ON THE 1-108 LIST AND ONGOING MAINTENANCE OF THE 1-108 LIST Zachary Kieffer, County Attorney, presented for discussion and provision of legal advice pertaining to inclusion on the 1-108 List. The Board held its annual public hearing for entities requesting inclusion on the 1-108 List. The BOCC has the discretion to add organizations to the list. The following are approved for addition to the 1-108 List: 1. Senior Services Network, Inc. 2. Mediation First, Inc. 3. Good News Hagerstown, Inc. 4. Global Visions Christian School Broadfording 5. Fierce Cheer Sponsors, Inc. 6. Congregation B'nai Abraham 7. Boonsboro Town Alliance Commissioner Harvey, seconded by Commissioner Wagner, moved to approve the 1-108 list as presented. The motion passed unanimously (5-0). CLOSED SESSION Commissioner Leatherman, seconded by Commissioner Wagner, moved to convene in closed session at 10:22 a.m. The motion passed unanimously (5-0). 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 (1). Personnel matters are confidential, precluding discussion in open session. • Discussion of appointments to Planning Commission • Discussion of appointment to open position in County Government. • Discussion of compensation of County employee. Dawn L. Marcus, County Clerk Page 9 of 9 OPEN Session, November 4, 2025 To consider a matter that concerns the proposal for a business to locate, expand or remain in the State. Open session discussion would divulge confidential information provided by business to County. • Update from Business and Economic Development on efforts to bring business entity to the County. To consult with counsel to obtain legal advice on a legal matter (7). Open session discussion would breach attorney/client privilege. • Legal advice pertaining to termination of certain existing lease agreements. • Status update and legal advice from County Attorney on two County -involved legal matters. In closed session, the Commissioners discussed; and/or reached a consensus regarding: • Appointments to the Planning Commission; • Hiring recommendation for the Chief of Surveys, Engineering; • Compensation of County employee; • Update from Business and Economic Development; • Received legal advice and updates on termination of certain existing lease agreements and pending litigation matters for which the County is a party. Present during closed session at various times were Commissioners John F. Barr, Jeffrey A. Cline, Derek Harvey, Randal A. Leatherman and Randall E. Wagner: Dawn Marcus, County Clerk and Zachary J. Kieffer, County Attorney; Michelle Gordon, County Administrator; RosaIinda Pascual, Deputy County Attorney; Aaron Weiss, Assistant County Attorney; Victor Scarpelli, Assistant County Attorney; Todd Moser, Real Property Administrator, Engineering, Scott Hobbs, Director, Engineering; Andrew Eshelman, Director, Public Works; Jill Baker, Director, Planning and Zoning; Jonathan Horowitz, Director, Business and Economic Development; Machelle Dwyer, Business Leader, Business and Economic Development; and Chip Rose, Director Human Resources. RECONVENE IN OPEN SESSION Commissioner Wagner, seconded by Commissioner Harvey, moved to reconvene in open session at 1:01 p.m. The motion passed unanimously (5-0). ADJOURNMENT Commissioner Harvey, seconded by Commissioner Wagner, moved to adjourn at 1:01 p.m. The motion passed unanimously (5-0).