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HomeMy WebLinkAbout260428 - Open MinutesI l I l Board of County Commissioners of Washington County, Maryland Open Session Minutes April 28, 2026 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 9:00 a.m. with the following members present: Vice-President Jeffrey A. Cline, Commissioner Randal A. Leatherman, Commissioner Neil C. Parrott and Commissioner Randall E. Wagner. APPROVAL OF MINUTES Commissioner Leatherman, seconded by Commissioner Wagner, moved to approve the minutes of March 3 I , 2026. The motion passed ( 4-0-1 ). Commissioner Parrott abstained from the vote. COMMISSIONERS' REPORTS AND COMMENTS President Barr welcomed Commissioner Neil Parrott to the Board of County Commissioners. Commissioner Parrott thanked the Republican Central Committee for his appointment, to the Governor for moving his appointment fo1ward and to the State Senate for approving his appointment. He thanked his family for their support, and he thanked God for this opportunity and for our great Country. Commissioner Leatherman attended the Teacher of the Year Awards ceremony. He recognized Robin Papa as being name the Teacher of the Year on April 15, 2026. Commissioner Leatherman shared that Ms. Papa has been teaching students in Washington County for 28 years and she currently teaches Math in Clear Spring. He thanked all of the teachers for their service to our students every day. Commissioner Leatherman attended the Pittsburgh Institute of Aeronautics Graduation service, and he shared that there were 44 students who graduated. He attended the Commission on Aging Legacy Gala at St. James School. He welcomed Commissioner Parrott and thanked him for agreeing to serve the Citizens of Washington County. Commissioner Wagner thanked Commissioner Parrott for accepting the appointment to the Board of County Commissioners. Commissioner Cline welcomed Commissioner Parrott to the Board of County Commissioners, and he looks forward to working with him. He attended the Washington County Volunteer Fire and Rescue Association meeting. Commissioner Cline attended the Washington County Child Welfare Workshop. He attended the Potomac Street Creamery 36th year anniversary ceremony. Commissioner Cline attended Washington County Ea1th Day Tree Planting at Woodland Way Park, and he thanked the volunteers for planting over 70 trees. He attended the Tri-County Council membership meeting in Cumberland. Commission Cline attended the grand opening of Do It Best Hardware on Sharpsburg Pike. He attended the 42nd Annual Bowl for Kids' Sake at Southside Bowl. Commissioner Cline attended the Commission on Aging Legacy Gala Awards banquet, where the Board of County p;:1tP 2 Of (') OPLN 5f1'.;~_;hm, April 2n, 70/'.() Commissioners received the top honor of the Legacy Award. He thanked Ed Lough and Amy Olack for working together with the Board of County Commissioners these past years to help the Senior Citizens of Washington County. Commissioner Barr attended the Commission on Aging Legacy Gala on Saturday and acknowledged receipt of the 2025 Legacy Award to the Board of County Commissioners. Commissioner Barr thanked the Commission on Aging and wished them much success in the years moving forward. He shared information on the services of the Commission on Aging. Commissioner Barr attended the Teacher of the Year Awards, and he congratulated the five finalists and Teacher of the Year Robin Kriner Papa. STAFF COMMENTS Michelle Gordon, County Administrator, welcomed Commissioner Parrott and she looks forward to working with him in the upcoming months. She attended the Commission on Aging Legacy Gala. Ms. Gordon attended the MA Co County Administrator Affiliate meeting. She attended the Earth Day Tree Planting Ceremony in Woodland Way Park, and she thanked staff for coordinating the event and the volunteers who participated in making the County a happier and healthier place to live for generations to come. Ms. Gordon reminded everyone that May 5, 2026, is the FY2027 Budget Presentation and she shared information on signing up for the public comment portion of the presentation. She shared information on calls being received for the Board of Education's budget and she shared the statistics for funding from the Board of County Commissioners for fiscal years 2026 and 2027. Ms. Gordon shared the Board of Education is a completely autonomous unit with the sole authority to make financial decisions regarding their budget allocation and appropriations, the Board of County Commissioners do not have any input or authority to change any decisions made by the Board of Education. Michelle Gordon, County Administrator, recapped information regarding the Federal Governments purchase of the warehouse for the proposed I.C.E. Processing Facility in the County. She shared that Washington County Government was not involved in the site selection process, was not consulted by the Federal Government or the private entity involved in the sales transaction of an existing structure. Any statements on Social Media to the contrary are false, County Officials have not been approached about a non-disclosure agreement, nor has a non-disclosure agreement been signed by any County Officials related to this transaction. This is now prope1ty owned by the Federal Government, as such Washington County has no jurisdiction and are not the governing body that will be overseeing the project. Many suggestions that are being made are asking the County to take adverse reactions against a prope1ty owner. Any action taken by Washington County would require a legal opinion and interpretation of potential liability of all parties involved both for the County and personally for individuals taking potentially adverse actions against another organization. Additionally, interpretation and a legal opinion would be needed regarding the hierarchy in interactions between local, state and federal government authority and jurisdiction all of which we are not able to comment on. She shared information received from the County's meeting with DHS officials on March 16, 2026, regarding the proposed I.C.E. Processing Facility in the County and the projects scope. Ms. Gordon shared that there was not a quorum of County Commissioners at the meeting. She shared information on a water and sewer updates and infrastructure needs and the County's request for a P.1.L.O.T (payment in lieu of taxes), the scope to include humane treatment of detainees and information regarding contracted work of the proposed project. Ms. Gordon shared information on letters that were sent to the Washington County Historical District Commission regarding the proposed I.C.E. facility. She shared that the Board of County Commissioners were not invited to roundtable discussion held by Congresswoman April McClain Delaney in Hagerstown on March 23, 2026, and they were not in attendance. Page 3 of 9 OPEN Session, April 28, 2026 Michelle Gordon, County Administrator, recited the findings of Open Meetings Act opinions 20-131, April 15, 2026, and a complaint from April 27, 2026. RECESS 1. PUBLIC HEARING MODIFICATION OF CHARGES, RENTALS AND FEES AT THE HAGERSTOWN REGIONAL AIRPORT FOR FY2027 President Barr convened a Public Hearing at 9:30 a.m. to obtain public comment for the proposed modification of charges, rentals and fees at Hagerstown Regional Airport for FY2027. Neil Doran, Director, Hagerstown Regional Airport; and Kelcee Mace, Chief Financial Officer, presented the request for a motion to adopt the proposed fee schedule for FY2027, as presented or as modified, at any point after the closure of the public hearing. The public hearing is to permit any member of the public to appear and testify concerning the proposed increase in current charges, rentals, and fees at the Hagerstown Regional Airpmt. The new schedule of rates and charges, if adopted, will become effective July I, 2025. An approximately 3% increase in T-Hangar rental charges is necessary to maintain compliance with fair market value grant assurance required by the FAA as well as a significant increase in fleet, property and liability insurance premium costs, upcoming investment in T-hangar taxi lane paving, and increased maintenance costs related to employee salaries and benefits, supplies, material, equipment and building maintenance. An Increase in terminal ground vehicle parking fees are being requested after consulting with Airport Advisory Commission, the Airport proposes to raise the daily maximum fee to $7.20. The higher rate will allow the airpo1t to recover the cost of credit card processing fees and helps to maintain revenues necessary to cover increased operational costs during times when fewer airline flights are being scheduled. There are no other fee increases being proposed in the FY27 budget. The Public Hearing was opened for public comment: Shaun Porter Cmtis Reigh Justin Holder Amber Dwyer The Public Hearing was opened for Commissioner questions. The Public Hearing was closed at 9:52 a.m. The Public Hearing was opened for Commissioner comments. Commissioner Leatherman, seconded by Commissioner Wagner moved to approve the 3% increase to T-Hangar rental charges as presented and to approve a modification of the requested increase to the terminal ground vehicle parking fees to 20% or $6.00 daily. At the request of Commissioner Parrott, the motion was amended to two motions as follows: Commissioner Leatherman, seconded by Commissioner Wagner moved to approve the 3% increase to T-Hangar rental charges as presented. The motion passed unanimously (5-0). P;iw:' 4 of 9 OPl:N Si')S~.inn, /\pr1! ?:81 2.026 Commissioner Leatherman, seconded by Commissioner Wagner moved to approve a modification of the requested increase to the terminal ground vehicle parking fees to 20% or $6.00 daily. The motion passed ( 4-1 ). Commissioner Parrott opposed the motion. 2. PUBLIC HEARING-MODIFICATION OF WATER AND SEWER RATES FY2027 President Barr convened a Public Hearing at 9:55 a.m. to obtain public comment for the proposed modification of water and sewer rates FY2027. David Mason, Interim Director, Environmental Management; and Kelcee Mace, Chief Financial Officer, presented the request for a motion to adopt the proposed fee schedule for FY2027, as presented or as modified, at any point after the closure of the public hearing. A proposed modification for An increase in Connection Fees for both the water and sewer funds is required to help offset the capital costs of new treatment facilities, water and sewer infrastructure, water tanks, pump stations, capacity management projects, etc. Estimated additional revenue is based on an average of IO connection fees per year for water and 117 sewer connection/allocation fees/year. Rates will be adjusted incrementally over time to reach the appropriate long-term fee structure. Prior to FY2026 the last increase was on 7/1/2021. Proposed Connection Fee increases are: Water: $3,200.00 in FY26 to $3,800.00 in FY27, $600.00 increase. Sewer: $8,600.00 in FY 26 to $10,300.00 in FY27, $1,700.00 increase. The Public Hearing was opened for public comment: Shaun Porter Justin Holder Amber Dwyer Seth Funk RECESS The Public Hearing was opened for Commissioner questions. The Public Hearing was closed at 10:20 a.m. The Public Hearing was opened for Commissioner comments. Commissioner Cline, seconded by Commissioner Wagner moved to approve the proposed water and sewer fee rate increases as presented. The motion passed ( 4-0-1 ). Commissioner Parrott abstained from the vote. 3. PUBLIC HEARING: WASHING TON COUNTY COMMUNITY REINVESTMENT AND REPAIR FUND President Barr convened a Public Hearing at 10:21 a.m. to obtain public comment for Washington County Community Reinvestment and Repair Fund. Maria Kramer, Director, Grant Management; and Allison Hartshorn, Opioid Restitution Fund Manager, Grant Management, presented the purpose of this public hearing is to receive public comment on the Community Reinvestment and Repair Fund (CRRF), including input gathered through the public survey regarding how funds should be distributed and managed. Following the closure of the public hearing, the Board of County Commissioners may choose to approve or deny the proposed framework Page S of 9 OPEN Session, April 28, 2026 or defer action to a later date for further deliberation. In 2022, Maryland voters approved the legalization of adult-use recreational cannabis. As part of this legislation, a portion of cannabis sales tax revenue is directed to the Community Reinvestment and Repair Fund (CRRF). The purpose of the CRRF is to reinvest in communities disprop01tionately impacted by the enforcement of cannabis prohibition prior to July I, 2022. In Washington County, restricted CRRF funds may only be used for initiatives serving ZIP Code 21740, which includes portions of the City of Hagerstown and surrounding unincorporated areas. CRRF funds may be used only for: Community-based initiatives benefiting low- income communities; Programs serving disprop01tionately impacted areas, as defined in§ 36-101; Administrative expenses necessary to implement and manage the program. Funds may not be used for law enforcement agencies or activities. Additionally, CRRF funding must supplement, not replace, existing local government funding. Michelle Gordon, County Administrator pointed out that per the Ordinance the was previously approved regarding the CRRF funding establishes that the Board of County Commissioners will approve all grants upon the recommendation approval of staff. The Public Hearing was opened for public comment: Shaun P01ter Justin Holder Michael Farrell The Public Hearing was opened for Commissioner questions. The Public Hearing was closed at I 0:45 a.m. The Public Hearing was opened for Commissioner comments. Commissioner Cline, seconded by Commissioner Wagner moved to approve the Community Reinvestment and Repair Fund as presented. The motion passed unanimously (5-0). 4. BID AWARD {PUR-1805) DUMPSTER SERVICES AT CONOCOCHEAGUE WASTEWATER TREATMENT PLANT AND CLEAN COUNTY Brandi Kentner, Director, Procurement; and David Mason, Interim Director, Environmental Management, presented the request for a motion to award the contract for the Dumpster Services at Conococheague WwTP and Clean County to the responsible, responsive bidder BF! Waste Services, LLC dba Republic Services of Hagerstown, MD, for the total amount of $62,853.00. Commissioner Wagner, seconded by Commissioner Leatherman, moved to approve to award the contract for the Dumpster Services at Conococheague WwTP and Clean County to BF! Waste Services, LLC dba Republic Services as presented. The motion passed ( 4-0-1 ). Commissioner Parrott abstained from the vote. 5. CONTRACT AWARD /PUR-1795)-TREATMENT FOR SUBSTANCE USE DISORDERS AT THE WASHINGTON COUNTY SHERIFF'S OFFICE-DAY REPORTING CENTER Brandi Kentner, Director, Procurement; and Meaghan Willis, Program Director, Day Reporting, Center presented the request for a motion to award the contract for the Treatment for Substance Use Disorders at the Washington County Sherriffs Office, Day Reporting Center (DRC) in Washington County, Maryland to the responsible proposer, Recovery and Rise, of Frederick, MD, with the responsive proposal in the amount of $90,000.00. The contract is for the initial term that commenced on July 1, 2026, and end June 30, 2027, with an option to renew the awarded contract for up to four (4) additional one (1) periods. PagP G of 9 ( Jl 1FN \:~:;:;Jon, April LIi, zo;:r; Commissioner Wagner, seconded by Commissioner Leatherman, moved to approve to award the contract for the Treatment for Substance Use Disorders at the Washington County Sherriff's Office, Day Reporting Center to Recovery and Rise as presented. The motion passed unanimously (5-0). 6. SOLE SOURCE PROCUREMENT AWARD (PUR-1812) FOR WESTERN MARYLAND CONSORTIUM DISCONNECTED YOUTH SERVICES IN WASHING TON COUNTY MARYLAND Brandi Kentner, Director, Procurement; and Richard Lesh, Grant Manager, Grant Management, presented the request for a motion to approve a sole source procurement to the Western Maryland Consottium in the amount of $53,480.00 for enhancements to existing programing offered to disconnected youth contingent upon approval of the funding award from the Governor's Office of Crime Prevention, Youth, and Victim Services and as approved by the Washington County Local Management Board at its meeting on Friday, March 20, 2026. The total funding allocated is $53,480.00. No County funds were requested. Commissioner Parrott, seconded by Commissioner Wagner, moved to approve the sole source procurement to the Western Maryland Consortium for enhancements to existing programing offered to disconnected youth, Youth, and Victim Services as presented. The motion passed unanimously (5-0). 7. SOLE SOURCE PROCUREMENT AWARD (PUR-1813) SCHOOL BASED HEALTH CENTERS Brandi Kentner, Director, Procurement; and Richard Lesh, Grant Manager, Grant Management, presented the request for a motion to award a sole source procurement to Meritus Medical Center in the amount of $317,957.00, for operating expenses of School-Based Health Centers operated at Western Heights Middle School and South Hagerstown High School. The contract is for a one-year period commencing July I, 2026, and ending June 30, 2027, with an option by the Board to renew it for two (2) additional consecutive years. The total funding allocated is $317,957.00. No County funds were requested. Commissioner Wagner, seconded by Commissioner Leatherman, moved to award the sole source procurement to Meritus Medical Center for operating expenses of School-Based Health Centers at Western Heights Middle School and South Hagerstown High School as presented. The motion passed unanimously (5-0). 8. SOLE SOURCE PROCUREMENT AWARD (PUR-1814) SCHOOL-BASED MENTAL HEALTH PROGRAM IN WASHINGTON COUNTY, MARYLAND Brandi Kentner, Director, Procurement; and Richard Lesh, Grant Manager, Grant Management, presented the request for a motion to award a sole source procurement to Brook Lane in the amount of $283,335.00 for Operating expenses for the School-Based Mental Health Program, contingent upon contract approval and the subsequent funding award from the Maryland Governor's Office for Children (GOC), and was approved by the Washington County Local Management Board at its meeting on March 20, 2026. The total funding allocated is $283,335. 00. No county funds were requested. Commissioner Wagner, seconded by Commissioner Leatherman, moved to approve to award a sole source procurement to Brook Lane for Operating expenses for the School-Based Mental Health Program as presented. The motion passed unanimously (5-0). Page 7 of 9 OPEN Session, April 28, 2026 9. BID AWARD RENEWAL (PUR-1552) MATTRESS BED BASE REMOVAL AND DISPOSAL RECYCLING Carin Bakner, Buyer, Procurement; and David Mason, Interim Director, Environmental Management, presented the request for a motion to renew the contract for the Mattress and Bed Base Removal and Disposal Recycling services at the 40 West Landfill with Turbo Haul, Inc., of Annapolis Junction, MD per the rate included in its letter dated March 6, 2026. Turbo Haul, Inc. is requesting a 2.7% increase above the current rate for work performed for the subject services. This increase is based on the January 2026 twelve (12) month average increase for the U.S. Department of Labor Consumer Price Index (CPI) for the Washington Metro Area. The new rate will be $880.66 per ton. The last request for an increase was made in the Fiscal Year 2024. Commissioner Wagner, seconded by Commissioner Leatherman, moved to approve to renew the contract for the Mattress and Bed Base Removal and Disposal Recycling services at the 40 West Landfill with Turbo Haul, Inc. as presented. The motion passed unanimously (5-0). 10. RUBBLE RECLAMATION LANDFILL CAPPING -CHANGE ORDER #1 FINAL CLOSEOUT David A. Mason, Interim Director, Environmental Management, presented the request for a motion to approve Change Order # I for the capping of the Rubble Reclamation Landfill in the amount of $67,203.43. This is the final closeout change order for the Construction of the Closure Cap for the Rubble Reclamation Landfill. Overages during the project were from additional liner materials to complete the cap. During construction of the Landfill Cap, the location of the cap anchor trench needed to be adjusted to meet the anchor trench of the cell floor. All contract line items were adjusted based on actual quantities used. Commissioner Wagner, seconded by Commissioner Leatherman, moved to approve the change order # I Final Closeout as presented. The motion passed unanimously (5-0). 11. HANCOCK EMS MOU R. David Hays, Director, Emergency Services; David Chisholm, Deputy Director, Emergency Services; and Oley Griffith, Volunteer Coordinator, Emergency Services, presented the request for a motion to authorize the execution of a Memorandum of Understanding between the Hancock Rescue Squad (HRS) and the Washington County Board of County Commissioners (WCBOCC) which authorizes the Division of Emergency Services (DES) to assume interim oversight and management of all administrative and operational functions of the HRS. On March 31, 2026, the WCBOCC directed the DES and other County Depa11ments to immediately begin a review of the overall operations of the HRS, to include financial accountability and spending. This review was deemed necessary to determine the viability and sustainability of the HRS. Commissioner Wagner, seconded by Commissioner Cline, moved to approve to authorize the execution ofa Memorandum of Understanding between the Hancock Rescue Squad and the Washington County Board of County Commissioners as presented. The motion passed unanimously (5-0). 12. RECOMMEDATION TO HIRE DIRECTOR, PLANNING AND ZONING Chip Rose, Director, Human Resources, presented the request to extend an offer of employment to Alyssa Sebatto for position #139, Director, Planning & Zoning. The offer is for Grade 18, Step 14, $61.95 /hour, $128,856.00 annually. P;-1ge Hof 9 n1 1LN se~;~•ion, /\pril 2fi, /02fi Commissioner Wagner, seconded by Commissioner Leatherman, moved to approve to extend an offer of employment to Alyssa Sebatto as presented. The motion passed unanimously (5-0). 13. WASHINGTON COUNTY GAMING COMMISSION REAPPOINTMENT Michelle Priebe, Executive Assistant to the County Administrator presented the request for a motion to re-appoint Selena Wilkes to serve a second, two-year term from January 31, 2026, through January 31, 2028, on the Washington County Gaming Commission. This is not a paid board. Commissioner Wagner, seconded by Commissioner Leatherman, moved to approve the reappointment of Selena Wilkes as presented. The motion passed unanimously (5-0). 14. WILLIAMSPORT LIBRARY REPLACEMENT LETTER OF COMMITMENT Kelcee Mace, Chief Financial Officer; and Jenny L. Bakos, Executive Director, Washington County Free Library, presented the request for a motion to approve the letter of commitment for the Williamsport Library replacement project as presented. The Washington County Free Library is requesting a letter of commitment for a grant application for the Williamsport Library replacement project. The Washington County Free Library is applying for grant funding from the Maryland State Library for the Williamspott Library replacement project. This project is in the current CIP plan for FY27-FY30. The project total is $21,943,060.00 with the County contributing a total of$4,489,060.00. The County contribution scheduled for FY27 is $402,000.00 and for FY28 is $671,000.00. Commissioner Cline, seconded by Commissioner Wagner, moved to approve the letter of commitment for the Williamsport Library replacement project as presented. The motion passed ( 4-l ). Commissioner Parrott opposed the vote. CLOSED SESSION Commissioner Leatherman, seconded by Commissioner Wagner, moved to convene in closed session at 11 :28 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. (I) Personnel Matters are Confidential and not appropriate for open session discussion. • Discussion of open County position • Discussion of open County position • Discussion of job duty assignment for member of County staff. • Discussion of employment of staff member • Discussion of staffing assignments within division of County government. To consult with counsel to obtain legal advice on a legal matter (7). Open session discussion would breach attorney/client privilege. • Update from County Attorney on County involved legal matter. • Legal advice from County Attorney re contract interpretation. In closed session, the Commissioners discussed; and/or reached a consensus regarding: • Appointments to the Washington County Board of Zoning Appeals; • Hiring recommendation for the Business Specialist position, Business and Economic Development; 1 1 Page 9 of 9 OPEN Session, April 28, 2026 • Economic Developments incentive programs to businesses withing the cannabis industry; • Received legal advice and updates on pending litigation matters for which the County is a pa,ty. Present during closed session at various times were Commissioners John F. Barr, Jeffrey A. Cline, Randal A. Leatherman, Neil C. Parrott and Randall E. Wagner: Michelle Priebe, Executive Assistant and Zachary J. Kieffer, County Attorney; Michelle Gordon, County Administrator; Rosalinda Pascual, Deputy County Attorney; Victor Scarpelli, Assistant County Attorney; Chip Rose, Director Human Resources; Alan Matheny, Director, Emergency Management and Communications; Greg Ca11rette, Director/Code Official, Permits and Inspections; Andrew Eshleman, Director, Public Works; R. David Hays, Director, Division of Emergency Services; David Chisholm, Deputy Director, Division of Emergency Services; and Oley Griffith, Volunteer Coordinator, Emergency Services RECONVENE IN OPEN SESSION Commissioner Leatherman, seconded by Commissioner Wagner, moved to reconvene in open session at 2: 10 p.m. The motion passed (4-0). Vice President Cline left the meeting at 2:03 p.m. ADJOURNMENT Commissioner Wagner, seconded by Commissioner Leatherman, moved to adjourn at 2: 10 p.m. The motion passed (4-0). Vice President Cline left the meeting at 2:03 p.m. Dawn L. Marcus, County Clerk