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HomeMy WebLinkAbout071218 December 18, 2007 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 8:40 a.m. by President John F. Barr with the following members present: Vice President Terry L. Baker, and Commissioners Kristin B. Aleshire, and James F. Kercheval. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Baker, to convene in closed session at 8:40 a.m. to discuss the appointment, employment, assignment and/or compensation of appointees, employees or officials over whom it has jurisdiction; to discuss personnel matters that affect one or more specific individuals; and consult with counsel to obtain legal advice, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. (Commissioner William J. Wivell arrived at the meeting at 8:50 a.m.) RECONVENE IN REGULAR SESSION Motion made by Commissioner Wivell, seconded by Baker, to reconvene in open session at 9:54 a.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, assignment and/or compensation, of appointees, employees or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; and consulted with counsel to obtain legal advice on a legal matter. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present at various times were Gregory Murray, County Administrator; John Martirano, County Attorney; Andrew Wilkinson, Assistant County Attorney; Kirk Downey, Assistant County Attorney; Joni Bittner, County Clerk; and Michael Thompson, Director of Planning & Community Development. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Barr, followed by the Pledge of Allegiance to the Flag by the full assemblage. BID AWARD - INSURANCE RENEWAL FOR FIRE & RESCUE COMPANIES Motion made by Commissioner Wivell, seconded by Baker, to award the bid for insurance for all fire and rescue companies in the Washington County Fire & Rescue Association to Selective Insurance Company, which submitted the low quote for an annual premium of $373,813 for property and casualty insurance and $188,132 for volunteer Workers Compensation coverage, for FY 2008. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Baker commented on the article in the newspaper regarding revenue sharing. The Commissioners discussed earlier attempts to resolve the issue and Commissioner Kercheval indicated that he provided a spread sheet to the 2+2 Committee with revenue sharing items that have been considered in the past. He stated that he has asked them to let him know how they want to proceed. Commissioner Baker asked the Commissioners to consider holding work sessions on some of the issues before them. He stated that the Town of Williamsport is having “Santa in the Park” this week. Commissioner Kercheval reported on the Public Golf Corporation Board meeting. He informed the Commissioners that Dale Beard has resigned and the Board plans to appoint a new member in January. Commissioner Kercheval stated that he attended a pre-legislative forum sponsored by the Chamber of Commerce. He indicated that the Director of Girls, Inc. has suggested the possibility that their facility be utilized as a senior center since it is not used extensively during the day. A meeting has been scheduled with the Commission on Aging to look into the possibility. Commissioner Kercheval wished County employees a Merry Christmas and Happy New Year. Commissioner Wivell also wished County employees and citizens a Merry Christmas and a safe, happy and healthy New Year. DECEMBER 18, 2007 PAGE TWO Commissioner Aleshire referenced a copy of a letter he received from the elected Board of Education to the Local Delegation to the General Assembly that states there is a “significant gap between CIP and revenue” if the $3 per square foot for excise tax is adopted. He stated that he feels this will confuse the issue since there is no mention of the methodology they used. Commissioner Aleshire suggested that a list of the various fire and rescue banquets be developed that would indicate which Commissioners will be attending the various events. He asked if the Commissioners wanted to send a letter in support of the Board of Education’s request for a change in legislation with regard to practice times for fall athletic programs. Commissioner Aleshire also spoke in support of holding work sessions. He stated that the revenue sharing issue will be resolved through other mechanisms if no comprehensive resolution is agreed upon by both bodies. Greg Murray, County Administrator, informed the Commissioners that he requested information from the City Administration on the structure of work sessions. He stated that they would look into this during the coming year. Commissioner Barr wished County staff and employees a very Merry Christmas. CITIZENS’ PARTICIPATION There was no one who wished to participate. COUNTY ATTORNEY ISSUES John Martirano, County Attorney, stated that his office is currently drafting legislation to submit to the Delegation regarding the building excise tax. He asked the Commissioners if they wanted, as part of their legislative request, to submit a range or cap for the residential excise tax. After discussion, it was the consensus of the Commissioners to include in the draft legislation a cap for residential not to exceed $6.00. WATER QUALITY ADVISORY COMMISSION Motion made by Commissioner Aleshire, seconded by Kercheval to appoint William Breichner to the Water Quality Advisory Commission for a three-year term. Unanimously approved. AIRPORT ADVISORY COMMISSION Motion made by Commissioner Aleshire, seconded by Wivell, to appoint Mitesh Kothari to fill the unexpired term of Spence Perry, which extends to November 30, 2008. Unanimously approved. COMMISSION ON AGING APPOINTMENTS Motion made by Commissioner Aleshire, seconded by Baker, to appoint Rose Wolters and N. Linn Hendershot to the Commission on Aging for three-year terms beginning January 1, 2008. Unanimously approved. HISTORIC DISTRICT COMMISSION Motion made by Commissioner Baker, seconded by Aleshire, to waive the two-term limit policy and reappoint Merry Stinson for a three-year term, to reappoint Robert Bowman and Sandra Izer to a second three-year term, and to appoint Chris Horst for a three-year term. Unanimously approved. REPORTS FROM COUNTY STAFF Stephanie Stone, Director of the Washington County Community Partnership for Children & Families (WCCP), stated that she appeared before the Commissioners at the November 27 meeting to inform them that the WCCP received a grant from the Maryland Affordable Housing Trust in the amount of $61,063 and asked that this be included in the record. The grant will be distributed among the Community Action Council, St. John’s Shelter, the Salvation Army, and REACH, Inc. to provide for 13 transitional housing units. John Latimer, IV, Director of the Division of Fire & Emergency Services asked the Commissioners to approve grant funding from the Emergency Number Systems Board. DECEMBER 18, 2007 PAGE THREE Motion made by Commissioner Aleshire, seconded by Kercheval, to accept two grants from the Emergency Numbers Systems Board, one in the amount of $160,400 for the purchase of a 600-kilowatt generator for the new 911 center and the second for $5,580 for the purchase of five (5) dispatch console chairs with $1,080 to be funded through the Fire & Emergency Services Department Operating Budget. Unanimously approved. Joe Kroboth, Director of Public Works, informed the Commissioners that due to high winds, a dozen County roads in the Highfield/Cascade area were closed because of downed power lines and trees. He commended the Highway Department for their efforts and the extra hours that were worked to clean up the area. Mr. Kroboth stated that the Federal government began shedding its power loads when their generator was overwhelmed. As a result, the County’s emergency communications were taken off of the generator and the County was without communications in that area. Mr. Kroboth stated that this reinforces the need to have our own separate facility for the public communications system. He indicated that staff would be asking them for consideration to acquire a site for this purpose in the near future. SALARY REVIEW COMMITTEE RECOMMENDATIONS Gary Rohrer, Director of Special Projects, met with the Commissioners to review the Salary Review Committee’s recommendations and request that they be approved. The Committee’s recommendations were as follows: - Approve the ten reclassifications presented and extend the Overtime policy to Grade 13 (and below) employees for emergency call-outs only. - Adopt the proposed changes to the performance appraisal system effective January 1, 2008. - Adopt the proposed Grade and Step Wage Classification Scale effective July 1, 2008. - Adopt the proposed Grade and Step Transition effective July 1, 2008. Mr. Rohrer reviewed the Committee’s recommendations for reclassifications/upgrades: Equipment Operator III to be renamed Solid Waste Equipment Operator (Grade 8 to Grade 9); Court Reporter (Grade 9 to Grade 10); Police Communications Operator I (Grade 8 to Grade 10) to be renamed PCO Shift Supervisor; Public Safety Systems Manager (Grade 11 to Grade 12); IT Service Specialist II (Grade 11 to 13), Permits & Inspection Director (Grade 17 to Grade 18), Senior Office Associate– Judicial (Grade 8 to Grade 9) to be renamed Administrative Assistant; Office Associate – Judicial (Grade 6 to Grade 8) to be renamed Senior Office Associate; Sr. Office Associate – Detention (Grade 8 to Grade 9) to be renamed Administrative Assistant; Senior Office Associate – Patrol (Grade 8 to Grade 9) to be renamed Administrative Assistant. Mr. Rohrer stated that the grade and step scale being recommended is similar to that of the Sheriff’s Department. He noted that only new positions would be considered as part of the FY 09 budget, but that this does not address any changes the Sheriff’s Office may request for uniformed personnel. The meeting was opened for discussion and questions from the Commissioners. Commissioner Kercheval expressed concerns that the new structure doesn’t address pay for performance. He stated that he feels the current system could be revamped to improve upon the inequities in the performance rating system. Also discussed was providing a bonus as a one-time incentive for those who are in the “excels” category rather having the increase tied to base pay. Mr. Rohrer explained that the new evaluation form also provides checks and balances. He stated that the step increase is not automatic, and could be considered annually along with the COLA. Motion made by Commissioner Baker, seconded by Aleshire, to adopt the recommendations of the Salary Review Committee and approve the ten reclassifications presented and extend the Overtime Policy to Grade 13 (and below) employees for emergency call-outs only, adopt the proposed changes to the performance appraisal system effective January 1, 2008, adopt the proposed Grade and Step Wage Classification Scale effective July 1, 2008, and adopt the proposed Grade and Step Transition effective July 1, 2008, with the ability to discuss incentives at a later date. DECEMBER 18, 2007 PAGE FOUR Motion carried with Commissioners Baker, Aleshire, Wivell, and Barr voting “AYE” and Commissioner Kercheval voting “NO.” RECESS – ANNUAL WASHINGTON COUNTY FARM BUREAU LUNCHEON The Commissioners recessed at 11:51 a.m. in order to attend the annual legislative luncheon with the Washington County Farm Bureau at the Agricultural Education Center. AFTERNOON SESSION The afternoon session was called to order at 2:05 p.m. by Vice President Terry L. Baker, with the following members present: Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. (President Barr arrived at the meeting at 2:06 p.m. and assumed the Chair.) ADOPTION OF VARIOUS BUILDING CODES & RESOLUTION FOR ESTABLISHMENT OF FEE SCHEDULE FOR CIVIL CITATIONS Motion made by Commissioner Aleshire, seconded by Baker, to adopt the following to be effective March 1, 2008: 1) An Ordinance to Repeal the 2003 International Plumbing Code with Local Amendments adopted by the Board of County Commissioners of Washington County, Maryland as the Washington County Plumbing Ordinance on July 26, 2005 and to enact the 2006 International Plumbing Code, Second Printing with Local Amendments for Washington County (Ordinance No. ORD-07-05); 2) An Ordinance to Repeal the 2003 International Building Code, Fifth Printing, with Local Amendments for Washington County, as Amended, and to enact the 2006 International Building Code, First Printing, with Local Amendments for Washington County, Maryland (Ordinance No. ORD-07-04); 3) An Ordinance to Repeal the 2003 International Mechanical Code, First Printing, with Local Amendments for Washington County, as Amended, and to enact the 2006 International Mechanical Code, First Printing, with Local Amendments for Washington County, Maryland (Ordinance No. ORD-07-06); 4) An Ordinance to Repeal the 2003 International Residential Code for One- and Two-Family Dwellings, Fourth Printing, with Local Amendments for Washington County, and to enact the 2006 International Residential Code for One- and Two-Family Dwellings, First Printing, with Local Amendments for Washington County, Maryland (Ordinance No. ORD-07-03); 5) An Ordinance to Adopt the 2006 International Fuel Gas Code, Second Printing, with Local Amendments for Washington County, Maryland (Ordinance No. ORD-07-07); 6) An Ordinance to Adopt the 2006 ICC Electrical Code – Administrative Provisions, First Printing, with Local Amendments for Washington County, Maryland (Ordinance No. ORD-07-08); 7) An Ordinance to Adopt the Maryland Rehabilitation Code including the Maryland Building Rehabilitation Code Regulations (ordinance No. ORD-07-09); and to approve the proposed Civil Citation Guidelines and to adopt the Resolution for Establishment of Fee Schedule for Civil Citations (Resolution No. RS-07-023). Motion carried with Commissioners Aleshire, Baker, Kercheval and Barr voting “AYE” and Commissioner Wivell voting “NO.” Commissioner Wivell noted for the record that he is opposed to the establishment of civil citations. EMERGENCY MEDICAL SERVICES – A PLAN FOR THE FUTURE John Latimer, IV, Director of the Division of Fire & Emergency Services, met with the Commissioners for a follow-up discussion on the EMS strategic plan (“Plan”) that was presented to them on February 6, 2007. He reviewed the project timeline. Mr. Latimer stated that the Washington County Volunteer Fire & Rescue Association held a formal vote on the Plan on February 16, 2007 and there were 22 companies in favor, 2 in opposition, with one abstaining and one company absent. He stated that Phase I is estimated to cost $1,398,265 and Phase II - $4,564,555. Mr. Latimer noted that they have implemented Phase I with the exception of personnel, and are currently waiting on the Commissioners’ formal approval of the Plan. He noted that the Plan addresses systemic challenges and not just funding issues. Phase I contained a comprehensive review of policies, procedures, and the education program, revision of current service areas, acquisition of a DECEMBER 18, 2007 PAGE FIVE scheduling software package to track utilization of personnel and resources, transport unit maintenance and fuel reimbursement for volunteer corporations, due diligence and planning for centralized billing occurring in phase II, establishment of four geographic battalions in the County with advance life support personnel and equipment assigned to each area, and creation of an Assistant Chief of EMS Operations for personnel management, field support to comply with FLSA requirements and coordination of the transition. The meeting was opened for discussion. Commissioner Wivell asked EMS representatives in attendance to respond to questions regarding funding and their reasons for supporting the plan. Jay Grimes, representing Williamsport EMS, Wayne Williams, Smithsburg EMS, and David Hays, Clear Spring EMS, spoke in support of the proposed Plan. Mr. Latimer explained that Phase II of the Plan included consolidation of staffing to address system depth, quality assurance and equity within the system as determined by the monitoring of an established set of benchmarks or at the request of an individual corporation for assistance; implementation of a centralized billing program as the corporations require individual staffing assistance; supplemental funding for volunteer corporations to help cover physical plant cost based on the level of operational activity; and creation of a volunteer corporation reimbursement program as a financial incentive for volunteer recruitment and retention. Phase II would occur over a period of time based on need. Mr. Latimer explained that the majority of the funding would be for personnel costs, although they hope to recoup roughly half through insurance billing. He noted that Phase I could be “enough of a band aid” in some areas that Phase II would not be needed for awhile. Mr. Latimer estimated that two or three companies may have to go to Phase II during the FY 2009 budget year based on current statistics. Commissioner Wivell indicated that he would like to have additional time to review the fiscal records of the companies before voting on the issue. Commissioner Kercheval stated that the Plan could be endorsed with the budgeting issues to be worked out over time. Commissioner Baker stated that he is not ready to vote at this time. Commissioner Aleshire asked for additional information from the companies to have a better understanding of Phase II. Motion made by Commissioner Kercheval, seconded by Aleshire, to endorse the Emergency Medical Services Strategic Plan as presented for Phases I and II for the core of Washington County with funding and implementation details to be resolved during the budget cycle. Motion carried with Commissioners Aleshire, Kercheval, and Barr voting “AYE” and Commissioners Baker and Wivell “ABSTAINING.” PROPOSED AMENDMENTS TO VOLUNTEER LENGTH OF SERVICE AWARDS PROGRAM (LOSAP) Andrew Wilkinson, Assistant County Attorney, met with the Commissioners to request their adoption of amendments to the LOSAP Program Plan. Mr. Wilkinson stated that the LOSAP Program provides retirement and death benefits to active volunteers of Washington County’s fire, rescue, or emergency medical services or support organizations that are approved by the County Commissioners. The LOSAP Plan Committee suggested changes to the Plan and these have now been incorporated into the Program Plan and are ready for implementation. Mr. Wilkinson stated that changes to the Plan include: 1) requiring a volunteer to be 16 years or older before being considered an Eligible Volunteer, unless the volunteer earned any LOSAP points before turning 16, 2) adding members of the Photo Team as eligible for benefits, 3) adding the Director of Emergency Services and County Attorney (or designee) to the Plan Committee, 4) clarifying the progression of payments to beneficiaries in the event of the death of an Eligible Volunteer, 5) clarifying the burial benefits for a deceased Eligible Volunteer, 6) clarifying when non-service connected benefits cease, 7) adding reporting requirements from volunteer companies. DECEMBER 18, 2007 PAGE SIX Commissioner Wivell stated that he had asked that language be included that an individual would be permanently ineligible to participate in the LOSAP plan if they falsify information. Mr. Wilkinson informed the Commissioners that he had contacted the County’s outside counsel who handles the benefits program for guidance as to whether it would be legal to take away any benefits an individual had already accrued or whether they could simply limit future accrual and participation. He stated that he hadn’t received an answer but would include this item as #8 if he receives approval to do so. Motion made by Commissioner Wivell, seconded by Kercheval, to approve the amendments to the Volunteer Length of Service Awards Program (LOSAP) Plan as presented with the addition of language that would make an individual ineligible to continue to participate in the plan if they have been found to have falsified information or have falsely reported, subject to the approval of this language by outside counsel and the County Attorney’s Office. Unanimously approved. ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Wivell, to adjourn at 3:44 p.m. Unanimously approved. _____________________________, County Administrator _____________________________, County Attorney ________________________ County Clerk