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HomeMy WebLinkAbout03.30.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland March 30, 2010 The Commissioners attended a breakfast forum with the Cooperative Extension Service at its facility located at 7303 Sharpsburg Pike, Boonsboro, Maryland at 7:30 a.m. President John F. Barr called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 9:17 a.m. with the following members: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE President Barr gave the invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — March 16 and 23, 2010 Commissioner Baker, seconded by Aleshhe, moved to approve the minutes of March 16, 2010 with incorporated changes. The motion passed with Commissioners Baker, Aleshire, Kercheval, and Barr voting "AYE" and Commissioner Wivell "ABSTAINING". Commissioner Aleshire, seconded by Kercheval, moved to approve the minutes of March 23, 2010. The motion passed unanimously. INTRODUCTION OF NEW EMPLOYEE William Sonnik, III, introduced new County employee Garrett E. Culler, Survey Party Chief, Public Works Department -Capital Projects. The Commissioners welcomed Mr. Culler and wished him well in his position. BUDGET PRESENTATION — DEPARTMENT OF WATER OUALITY Julie Pippel, Director -Division of Environmental Management, reviewed the budget proposals for the Department of Water Quality. Ms. Pippel noted that overall, the Department's operating budgets would be reduced by 8.21% to balance revenues, which are expected to drop by $891,530.00. She described adjustments based on the need for a 4% revenue increase in 2011 that recommends an increase to the base rate of $4.50 per quarter for residential water service and an increase to the base rate of $3.70 per quarter for residential sewer service, with the overage rate for sewer service also increasing by $0.20 per thousand gallons over base usage. For the average residential customer using 12,000 gallons per day, the increase to the quarterly bill would be $4.50 for water, and $4.90 for sewer service. Ms. Pippel requested that a Public Hearing be held on April 13 at 9:00 a.m. regarding the rate proposals. Commissioner Aleshire, seconded by Baker, moved to take the proposed rate increases, as presented, to Public Hearing on April 13, 2010. The motion was unanimously approved. March 30, 2010 Page two BUDGET DISCUSSION — BOARD OF EDUCATION Boyd Michael, Deputy Superintendent, and Chris South, Chief Financial Officer - Washington County Public Schools, offered a PowerPoint presentation of the proposed FY 2011 General Fund Budget for Washington County Public Schools (WCPS). Mr. South stated that WCPS is requesting a $603,805.00 maintenance of effort amount above last year's budget to cover additional educational expenses associated with increased enrollment. He indicated that the largest increase to its budget would be $4 million for employee health care. The Commissioners discussed the proposed budget with Mr. South and Mr. Michael, including teacher pension funding. Mr. South described the efforts taken by WCPS to cut costs including staff, energy use, and extending the life of computers and HVAC units in the schools. Commissioner Aleshire questioned whether savings could be obtained through a group partnership of WCPS, Hagerstown Community College (HCC), the County, and City of Hagerstown for health care. Mr. South noted that only small amounts of administrative and stop -loss savings were realized years ago when WCPS collaborated with the County on such a plan. CITIZENS PARTICIPATION Jay Wandalowski of 23327 Angela Court, Smithsburg, Maryland, thanked Commissioner Barr for responding to his request for assistance regarding water problems on his property. He noted that he has been running water pumps for 66 straight days and would like to meet soon with County Staff to discuss possible solutions to his problem. Jim Laird, speaking on behalf of the Citizens for the Protection of Washington County (CPWC), stated that the organization has always been a proponent of Smart Growth. He informed the Commissioners that CPWC is against the Northeast Bypass (NEB) being mentioned in the Long Range Transportation Plan (LRTP), and that the solution would be to add additional lanes to the affected interstates. Hagerstown resident Pat Schooley expressed the opinion that the NEB should be considered, but not selected as part of the primary transportation plan. She displayed maps illustrating the overlay of the NEB passing through the County. Ms. Schooley was advised that the County has no alignment for a NEB and the map she presented showing an alignment was created by someone outside of County Government. Dave Schooley, 20702 Old Forge Road, Hagerstown, informed the Commissioners that the entire LRTP process should be addressed through the County's Comprehensive Plan, where citizens can provide input and vote on whether the NEB is the best way to address growth. Mr. Schooley expressed the need for orderly growth in Washington County. Sally Hatch, Hagerstown, spoke on behalf of Col. Clyde Tate, U.S. Army Retired, regarding the planned renovations to the Washington County Free Library. She and Col. Tate are requesting support from the Commissioners to provide space in the renovated facility for a War Veterans exhibit, after receiving no official response from the Library March 30, 2010 Page three Board. Ms. Hatch described a national project being worked on through the Library of Congress to record veterans' history. Lisa Conrad of Conrad Homes, Hagerstown, spoke in favor of extending the Economic Stimulus Program to lower excise taxes and create jobs in the construction industry. OTHER BUSINESS Countv Administrator's Comments County Administrator Gregory Murray introduced Brian Lynch, President and General Manager of Antietam Cable Television, Inc, Mx. Murray noted that Antietam Cable has posted the recent "State of the County" address on its "Video on Demand" site. Mr. Lynch described the plans for Antietam Cable and the County to work together on future programming that would facilitate more community access to local govermnent. Mr. Murray presented a County pin to Mr. Lynch. GRANT APPLICATION — WEEKEND INTAKE CENTER Charles P. Strong, State's Attorney, and Sharon Cunningham, Director of Alternative Sanctions -State's Attorney's Office, requested approval of a $30,950.00 grant application for "Weekend Intake Center' for the salary of the Work Crew Supervisor. Ms. Cunningham detailed that the Work Crew Supervisor oversees persons who have agreed to perform voluntary community service as an alternative to possible fines or jail time as part of the disposition for a criminal court proceeding. The grant money will keep the program operational and would be applied to the Work Crew Supervisor's salary, thereby reducing the amount needed from the State's Attorney's Office budget. Commissioner Wivell seconded by Aleshire, moved to approve submission of an application to the Governor's Office of Crime Control and Prevention for a "Weekend Intake Center" grant of $30,950.00 for the Work Crew Supervisor salary. The motion passed unanimously. GRANT APPLICATION — OFFICE MEDIATION PROJECT Sharon Cunningham, Director of Alternative Sanctions -State's Attorney's Office, and Clifford Kurt, Executive Director to the Washington County Mediation and Conflict Resolution Office, requested approval to submit a grant application for $35,200.00 to the Maryland Mediation and Conflict Resolution Office (MACRO) for a giant titled "State's Attorney's Office Mediation Project" for Caseworker Salary. Ms. Cunningham indicated that the State's Attorney's Office has collaborated with the Washington County Mediation Center the last three years to resolve minor criminal matters through mediation. She stated that the Caseworker keeps records and reports the outcome of the mediation session to the Alternative Sanctions Office. The grant money will support the salary for a caseworker to manage mediation cases. The Commissioners discussed the request. Mr. Kurt stated that the Caseworker's position has been in existence for three years and was previously fully funded by the State. March 30, 2010 Page four Commissioner Kercheval, seconded by Aleshire, moved to approve the submission of a grant application of $35,200.00 for the "State's Attorney's Office Mediation Project" requested through the Maryland Mediation and Conflict Resolution Office (MACRO). The motion passed unanimously. REPORTS FROM COUNTY STAFF Plannine Department Dan DiVito, Planning Department Director, provided results of the County's Economic Stimulus Program (Program) that ran from October 2009 through February 1, 2010, and was then extended by the Commissioners through April 1, 2010 -or when the allocation of 200,000 square feet was attained. He stated that the square footage allocation was reached on March 26, 2010 and the Program was suspended. Mr. DiVito felt that it made a dramatic impact on the construction industry and in keeping workers employed. He indicated that 78 new home building permits were issued during the Program period compared to 25 during this time last year. Commissioner Aleshire felt that transfer tax should have been included and the fee for additions should have been waived. After discussion, it was the consensus to review the results and discuss possible reimplementation of the Program at a future date. Human Resources William Sonnik, III, Human Resources Director, requested permission to advertise for two budgeted, full-time, Grade 6, Maintenance Worker positions in the Parks, Recreation and Facilities Department. He informed the Commissioners that the positions have remained unfilled since fall 2009 but are now imperative for seasonal work that must be performed. The Commissioners discussed the request. Jim Sterling, Director -Parks, Recreation and Facilities Department, explained that there are currently 4-5 part-time seasonal employees for the summer months that cannot take on the work needed to be performed for normal operations. Commissioner Kercheval, seconded by Baker, moved to approve advertising to fill the two positions as presented. The motion passed with Commissioners Kercheval, Baker, Aleshire and Barr voting "AYE" and Commissioner Wivell "NO". LONG RANGE TRANSPORTATION PLAN UPDATE Bob Gordon, Director, Hagerstown/Eastern Metropolitan Panhandle Metropolitan Planning Organization (MPO) provided details of the Long Range Transportation Plan (LRTP) Update. Mr. Gordon stated that the MPO is represented by the cities of Hagerstown, and Martinsburg, West Virginia, plus Washington County, Berkeley and Jefferson Counties in West Virginia. One of its primary tasks is to develop and adopt a Long Range Multi -modal Transportation Plan every five years and indicated that the LRTP is required to address all modes of transportation within the region and plan for their future needs. He informed those present that three public work sessions are scheduled: 1) tonight in Berkeley County, 2) tomorrow in Charles Town, and 3) Thursday at the University System of Maryland in downtown Hagerstown, at 7:00 p.m. The Commissioners discussed the LRTP and whether March 30, 2010 Page five the current inclusion of an "Interstate Congestion Study" should include a paragraph mentioning a Northeast Bypass (NEB) as a specific alternative to be studied. Mr. Gordon reiterated that the NEB is not listed as a project in the LRTP, only as one of several alternatives in a recommended study. Conunissioner Aleshire expressed his opposition to the inclusion of the NEB in the LRTP, stating that "this body" did not provide direction to the MPO. Commissioner Kercheval, a member of the MPO, presented maps showing the many current barriers to establishing an alignment if it was ever decided that a NEB was needed. The Commissioner stated that even though the possibility of a NEB would be decades into the future, if ever, a study to assess the need for its existence should be addressed now so that if a need is identified, land may be preserved before more development occurs. Commissioner Aleshire, seconded by Wivell, moved that as part of the formal comments from the Commissioners to the MPO regarding the proposed Long Range Transportation Plan Update, that the specific paragraph regarding the Northeast Bypass, listed on page 6-29 of the Update, be stricken from the Long Range Transportation Plan. The Commissioners discussed the issue. Commissioner Wivell questioned why the NEB would not be listed in the County's Comprehensive Zoning Plan. Commissioner Aleshire reiterated that his motion, that was seconded, keeps the Hagerstown Regional Interstate Congestion Study section of the LRTP intact. The motion passed with Commissioners Aleshire, Wivell, and Baker voting "AYE" and Commissioners Kercheval and Barr "NO". RECESS FOR LUNCH The Commissioners recessed at 12:21 p.m. for lunch. AFTERNOON SESSION President John F. Barr called the afternoon session to order at 1:31 p.m., with the following members: Commissioners Kristin B. Aleshire and James F. Kercheval. PUBLIC HEARING — ADDITION TO NONPROFIT ORGANIZATIONS LIST A public hearing was convened at 1:32 p.m. to consider a request by the Doleman Black Heritage Museum, Inc. (Museum) to be added to the list of nonprofit organizations to which the Commissioners may contribute funds in its annual budget, pursuant to the Section 1-108 of the Code of the Public Local Laws. John Martirano, County Attorney, explained that inclusion on the 1-108 list does not guarantee funding from the Board; that the decision is made separately by the Commissioners during the annual budgetary process. Alesia Parson -McBean, representing Friends of the Doleman Black Heritage Museum, provided an overview of plans, including purchasing property to display the 4,200 -piece collection of the Doleman family. Vice President Terry L. Baker and Commissioner William J. Wivell arrived at 1:36 p.m. Ms. Parson -McBean introduced Tonya Hardy, former Executive Director of the Banneker- Douglass Museum in Annapolis. Ms. Hardy indicated that she has been working with the March 30, 2010 Page six Doleman family regarding their collection of memorabilia, which has been requested by the Smithsonian Institute. The Commissioners expressed support for the Museum, but due to the current economic status, doubted that they would add another organization to the Section 1-108 list. Commissioner Aleshire recommended that the group apply for Gaming and Hotel Rental Tax funds. There was no one present who wished to offer comment. The public hearing was closed at 2:16 p.m. PUBLIC HEARING — MAP AMENDMENT APPLICATION (RZ-10-001) President Barr convened a public hearing at 2:20 p.m. to take testimony regarding a Zoning Map Amendment Application (RZ-10-001) on property owned by Christopher D. and Tara L. Horst at 718 and 728 Antietam Drive. The properties total 0.99 acre located outside the corporate boundary of the City of Hagerstown, and include the Horst residence. Steve Goodrich, Chief Planner -Planning Department, discussed the request indicating that it would place an "HP" (Historic Preservation) zoning overlay on top of existing residential zoning. The change would not affect the general use of the property but would protect historical features regarding any changes made to the exterior of the residence. Mr. Goodrich noted that the Planning Commission recommended approval of the request. The public hearing was opened for comment. Property owner Christopher Horst described his residence dating from the 18°i century that reflects the craftsmanship of early German settlers in Hagerstown. He noted that it was listed on the National Register of Historic Places in 1978. Mr. Horst said that he fully understands the additional review that accompanies the zoning request. There was no one else present who offered continent. The public hearing was closed at 2:32 p.m. It was the consensus of the Commissioners to approve Map Amendment Application RZ-10-001 for the reasons stated. The County Attorney's Office will return with the Findings of Fact for formal approval at a future meeting. PRESENTATION OF NOMINEES — 2010 REDUCE, REUSE, RECYCLE AWARD Cliff Engle, Deputy Director, Division of Environmental Management, and Kathy Vesely, Chairperson, Washington County Solid Waste Advisory Committee (SWAC), appeared before the Commissioners to recommend the nominees for the newly -created "Reduce, Reuse, Recycle Awards" for 2010. Mr. Engle provided a history of the program's inception and introduced Harvey Hoch, former Recycling Coordinator for Washington County, who worked on the program. Ms. Vesely stated that the awards would be issued on Earth Day -April 22, 2010. The categories and nominees are: Civic Organization: Boonsboro Green Fest Committee Non -Profit Business: Habitat for Humanity-ReStore School: Boonsboro High School Recycling Program Small Business: Hempen Hill BBQ Bar and Catering March 30, 2010 Page seven Commissioner Kercheval, seconded by Baker, moved to approve the recommendations of the SWAC for the 2010 "Reduce, Reuse, Recycle Awards." The motion passed unanimously. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM, Kevin Lewis, Director -Department of Emergency Services, presented a request to the Commissioners to authorize the Director of the Division of Emergency Services to execute a Memorandum of Agreement with the Maryland Emergency Management Agency (MEMA) for a no -match grant of $97,042.80. Mr. Lewis detailed that the funding is for the purposes of the Washington, Allegany, and Garrett County Interoperability Network (WAGiN) for the creation of governance structure, tactical planning, training, and exercise development and evaluation. Commissioner Kercheval, seconded by Baker, moved to authorize the Director of the Division of Emergency Services to execute a Memorandum of Agreement with the Maryland Emergency Management Agency (MEMA) for a $97,042.80 no -match grant as presented. The motion passed with Commissioners Kercheval, Baker, Aleshire and Barr voting "AYE". Commissioner Wivell was absent during the vole. COMMISSIONERS REPORTS AND COMMENTS Commissioner Kercheval reported that he attended the visit on Monday by Senator Barbara Mikulski to the newly consolidated 9-1-1- Center. During her visit, the Senator announced an award to the City of Hagerstown for radio equipment funding. Mr. Kercheval noted that the County has received over $8 million in grants this past year submitted through various fire and rescue departments. He indicated that he was present at the U.S. Department of Agriculture (USDA) meeting, along with Commissioners Aleshire and Barr, where opportunities for grant finding were presented. He attended the Dick Phoebus tribute at Hagerstown Community College (HCC) where over $100,000.00 for scholarships was raised. In answer to Mr. Kercheval's question regarding status of the County's broadband application, County Administrator Greg Murray stated that lie is working through the process of providing additional financials to support the application. Commissioner Baker stated that he attended the "Celebration of Hope" event where Dr. Louise Bias gave an inspirational presentation. Ms. Bias' son, Len, a top NBA draft pick in 1986, died from a drug overdose. He noted that Kelly Wright, Fox Television newscaster and Hagerstown resident, was the Master of Ceremonies. Mr. Baker assisted with the Easter Egg Hunt at the Ag Center where there was a large turnout of parents and children. He stated that he would like to present another option for dealing with the Trego Road structure that was recently condemned by the County and is to be scheduled for demolition after proposals are received and analyzed by the County. In order to save taxpayer money, he volunteered to tear down the structure, and asked for volunteers from his fellow Commissioners. The Commissioners discussed the possibility, and Public Works Director Joe Kroboth, Ill, indicated that the bid specifications for the demolition proposals are currently being written and should be ready for distribution soon. Assistant County March 30, 2010 Page eight Attorney Kirk Downey advised that it would be best to proceed with the Commissioners' previous direction, at least to see what demolition proposals are received by the County. Mr. Downey reminded the Commissioners that this action is being taken under the authority provided for in the Building Code. Mr. Kroboth, Mr. Martirano, and Mr. Sonnik also advised against the proposal. Commissioner Aleshire attended the BOE budget hearing held two weeks ago and commented on the list of questions that he had submitted. He noted with disappointment that only five people asked questions during the hearing, despite the BOE's budget being the second largest local public government budget in Washington County. Mr. Aleshire attended the Ag Board meeting and the 4-H Youth Awards function with President Barr. He described attending a Pregnancy Coalition presentation where candid and broad information was presented to train adults on teen pregnancy prevention. He was present at the Maryland Municipal League (MML) dinner held in Williamsport where an update on the new hospital facility was presented. Commissioner Aleshire also attended a meeting of the Boonsboro Elementary PTA. He complimented Public Works Director Joe Kroboth, III for an excellent presentation regarding the long-term transportation needs within the Urban Growth Area given at an Eggs and Issues breakfast. He discussed water and sewer billing for individual homes that have been foreclosed upon and taken over by a bank, where the deed has not yet been transferred, and the owner of record continues to receive utility bills. Mr. Aleshire attended the USDA presentation and the first Council of Governments meeting. He reported on the SWAC Board meeting where members asked whether the position of Recycling Coordinator would be filled since the retirement of Harvey Hoch. Mr. Aleshire described his participation in the Antietam Creek cleanup last weekend where volunteers ran out of dumpster space due to the large amount of trash collected, including about 150 tires. He asked about the status of a mowing bill to a property owner from the County and Greg Murray explained that some fees had been paid but those in excess of actual costs were waived. In closing, Commissioner Aleshire discussed the zoning issue for the proposed temporary location of library materials in a north end shopping center. He expressed concern that the temporary site needs to be open and in operation before April 30 and he does not want the public to think or have the impression that any holdup caused by this issue is the fault of the County. Assistant County Attorney Kirk C. Downey explained that the proposed location is not zoned for library use, and the applicant would have to either address the issue through an appeal to the Board of Zoning Appeals (BZA) alleging administrative error, or by requesting a text amendment to the Zoning Ordinance, with either option taking up to 75-90 days. Commissioner Wivell had no comments. Commissioner Barr noted that he attended the 4-H Youth Awards ceremony and a YMCA fundraiser. He flew to Florida on Allegiant Airlines over the weekend and was impressed with the service and airport employees. He described the crowded conditions at the local terminal for 150 persons leaving and arriving on Allegiant flights and hoped that March 30, 2010 Page nine improvements to the terminal could be made in the near future. Mr. Barr thanked those who participated in the Antietam Creek cleanup. LAND ACOUISITION — 28-50 EAST BALTIMORE STREET Joe Kroboth, III, Public Works Director, requested approval from the Commissioners to move forward with the process to acquire 2.8 acres at East Baltimore Street from the Hagerstown Neighborhood Development Corporation (HNDP) for $1,170,000.00. The property is necessary for the Washington County Free Library Renovation and Expansion Project, Mr. Kroboth detailed that the City of Hagerstown will reimburse the funds as part of its $1.5 million contribution toward the library project. Mr. Kroboth advised that a public hearing would be advertised and held during a regular County Commissioner meeting. Commissioner Aleshire expressed his desire for an evening public hearing to allow for more citizen participation. Commissioner Kercheval, seconded by Baker, moved to authorize staff to schedule a public hearing for the acquisition of real property located at 28-50 East Baltimore Street Hagerstown, Maryland, from the HNDC, for purposes of the Washington County Free Library Renovation and Expansion project. The motion passed with Commissioners Kercheval, Baker, Wivell and Barr voting "AYE" and Commissioner Aleshire "NO". BID AWARD (PUR-1121) WASHINGTON COUNTY DETENTION CENTER EMERGENCY HOUSING UNIT, PHASE IA Karen Luther, Purchasing Agent, and Rob Slocum, requested approval to award the bid to the responsive, responsible bidder; Palmer Construction Company, Inc. of McConnellsburg, Pennsylvania with the lowest base bid of $2,610,000.00 and Alternates 2, 3, and 4, for $85,000.00, $67,000.00, and $49,000.00 respectively, for a total of $2,811,000.00, and to approve a budget transfer of $290,000.00 from Account 10500 ADM002 Contingency -General to Account 30 22310 BLD059. Mr. Slocum described the project, which includes construction and related site work for renovations and additions to the Washington County Detention Center in the construction of the 96 Bed Emergency Housing Unit and Connecting Corridor. Ms. Luther noted that the Commissioners had given approval in October 2009 for the budget transfer. Commissioner Aleshire, seconded by Kercheval, moved to approve the bid award for Phase IA Emergency Housing Unit—Washington County Detention Center to Palmer Construction Company, Inc. of McConnellsburg, Pennsylvania for a total amount of $2,811,000.00, which includes a base bid of $2,610,000.00, and Alternates 2-4, as provided in the documentation provided by Staff. The motion passed unanimously. WAIVER OF APFO SCHOOL ADEOUACY REOUIREMENTS FOR THE ADAPTIVE RE -USE OF THE FORMER HAMILTON HOTEL Kathy Maher, Planning Director -City of Hagerstown, requested a waiver of the school adequacy portion of the Adequate Public Facilities Ordinance (APFO) under the revitalization clause in the Ordinance. Ms. Maher described the plan to adaptively re -use March 30, 2010 Page ten the upper floors of the old Hamilton Hotel building on 90-96 West Washington Sheet by turning it into 24 multi -family condominium units. She detailed that the units would be marketed to young professionals and should have a minimal impact to schools due to only seven units having two or more bedrooms. Ms. Maher indicated that the City's Mayor and Council have recommended granting the waiver. The Commissioners discussed the proposal and the consensus was that it was a great project. However, Commissioners Baker and Wivell expressed their reluctance to grant any waivers. Commissioner Kercheval, seconded by Aleshire, moved to support the City's request for a waiver of the APFO school adequacy requirements for the adaptive re -use of the old Hamilton Hotel building located at 90-96 West Washington Street. The motion passed with Commissioners Kercheval, Aleshire and Barr voting "AYE" and Commissioners Wivell and Baker "NO". GENERAL FUND BUDGET DISCUSSIONS Debra Murray, Finance Director, presented a discussion of the Operating Budget for the Detention Center. She first noted that a request for a new hot water boiler at the facility was cut from the FY 2011 budget but could be funded from the FY 2010 General Contingency Fund and approved for purchase today. Col. Randy Wilkinson of the Sheriff's Department stated that the need to replace the failing boiler was immediate. Commissioner Aleshire, seconded by Kercheval, moved to approve the request as presented with funds to be taken from the FY 2010 General Contingency Fund. The motion passed unanimously. Debra Murray requested direction from the Commissioners regarding two credits included in the budget for senior property taxes and non -owner occupied properties. She indicated that the State of Maryland has requested direction before April 15, 2010 so that it may begin to design computer programs to print tax bills. Ms. Murray informed the Commissioners that 90% of seniors now enrolled are age 60 and older and receive a State tax credit averaging $1045.00. She asked whether the Commissioners would like to continue piggybacking on the State credit or expand the program. Ms. Murray discussed the non owner -occupied property tax credit where those who own non-commercial rental properties could see a potential reduction of 10%. The Commissioners discussed the options and directed Ms. Murray and Staff to begin to design the parameters of the credits being considered and then present the details to the Board. CONVENE IN CLOSED SESSION Commissioner Kercheval, seconded by Wivell, moved to convene in closed session at 4:34 p.m. to consult with staff, consultants, or other individuals about pending or potential litigation, and to consult with counsel to obtain legal advice, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. The motion was approved with Commissioners Kercheval, Wivell, Baker and Barr voting "AYE" and Commissioner Aleshire "NO". March 30, 2010 Page eleven In closed session, the Conunissioners consulted with staff, consultants, or other individuals about pending or potential litigation; and consulted with counsel to obtain legal advice. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William Wivell. Those also present were Gregory Murray, County Administrator, Vicki Lumm, County Clerk; John Martirano, County Attorney; Andrew F. Wilkinson, Assistant County Attorney; Kirk C. Downey, Assistant County Attorney, Jennifer Smith, Deputy Director of Public Works—Land Development Review, Mark Stransky, Plan Reviewer, and Joe Kroboth, III, Public Works Director. ADJOURNMENT Commissioner Kercheval, seconded by Baker, moved to adjourn the meeting at 5:44 p.m. The motion passed unanimously. County (Adr�jnistrator f County Attorney County Clerk