HomeMy WebLinkAbout04.20.2010 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
April 20, 2010
President John F. Barr called the regular meeting of the Board of County Commissioners
of Washington County, Maryland to order at 8:35 a.m. with the following members: Vice
President Terry L. Baker and Commissioners Kristin B. Aleshire, and James F. Kercheval.
INVOCATION AND PLEDGE OF ALLEGIANCE
President Bair gave the invocation followed by the Pledge of Allegiance to the Flag by the
full assemblage.
APPROVAL OF MINUTES — ADril 13.2010
Commissioner Kercheval, seconded by Aleshire, moved to approve the minutes of April
13, 2010 with incorporated changes. The motion passed unanimously.
Commissioner Wivell arrived at 8:39 a.m.
PROCLAMATION — VICTIMS' RIGHTS WEEK
Jill Ritter, Director, and Cheryl Grimm, Victims' Assistant -Victims' Rights Unit of the
State's Attorney's Office, received a proclamation from the Commissioners in recognition
of "Victims' Rights Week" being observed April 18-24, 2010. President Barr read the
proclamation and the Commissioners expressed their appreciation to Ms. Ritter and Ms.
Grimm. Ms. Ritter mentioned events being held to observe the occasion, including
honoring Officer Brent McKoy for the work he performs as a School Resource Officer at
South Hagerstown High School. She stated that three City of Hagerstown Police Officers
would be honored today for peacefully apprehending a suspect while serving a warrant:
Officer Crouse, Sergeant Langston, and Detective Kovak.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Baker congratulated Recreation and Parks Director Jaime Dick for
completing the Boston Marathon this past weekend in 2 hours, 48 minutes and 12 seconds.
He finished 439 out of approximately 13,000 male runners in the event. Mr. Baker also
reported attending the opening day for the Washington County Girls' Softball League. He
presented the Commissioners a plaque from the league in appreciation of their continuing
support.
Commissioner Kercheval reported that he attended a meeting of the Hagerstown/Eastern
Panhandle Metropolitan Planning Organization (MPO) where comments received on the
Long Range Transportation Plan (LRTP) were reviewed. He stated that language regarding
the Northeast Bypass was removed. Mr. Kercheval indicated that final adoption is
scheduled for April 28. He attended a meeting of the Local Management Board (LMB)
where it was noted that over 400 applications were received by the Department of Social
Services for financial or medical assistance - its largest amount ever received. He noted
funding cuts made to the C -SAFE program and the Mental Health Authority.
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Commissioner Kercheval stated that bills proposed in the legislature to remove work done
by LMBs at the local level did not survive and some restoration of program funds did
occur. The LMB is awaiting word on final figures since the General Assembly ended, but
it will receive an approximate 50% cut to administration funding. Mr. Kercheval stated that
the LMB discussed a prescription card service called "Family -Wise" that is being
circulated in the area for prescription service discounts. He noted that some other counties
have supported these types of "no cost' plans and that Staff should compare this service
with a similar program offered by the National Association of Counties (NACO) and bring
their findings back to the Commissioners for discussion. He reported on a Planning
Commission workshop concerning the UGA. Commissioner Kercheval indicated that the
Black Rock Golf Course had a busy month in March. He noted that Allegany Energy is
replacing the fencing at the course along Mt. Aetna Road due to power lines being placed
in the area. Mn Kercheval mentioned that it was his 14th wedding anniversary and he
thanked his wife and the spouses of his fellow Commissioners for their support and
understanding of the responsibilities of the job.
Commissioner Aleshire indicated that he was present at a meeting of Antietam Creek
Watershed Alliance. He reported that during a meeting of the Commission on Women, he
was asked whether the County would be cutting back on its funding to non -profits. He
noted an email received from Center Marvland regarding teacher pension funding being
short by the billions and that nation-wide, there are 5 million new retirees entering the
system every year, more than the number of new hires. Mr. Aleshire attended the
Washington County Volunteer Fire and Rescue Association (WCVFRA) meeting last
week. He reported that a citizen in the Brownsville area is requesting assistance regarding
a hookup with Allegheny Power.
Commissioner Wivell had no comments.
Commissioner Barr reminded citizens of the Census 2010 Campaign. He noted that
nationally, three out of ten households have not returned their form.
GENERAL FUND BUDGET DISCUSSIONS
Debra Murray, Finance Director, presented further review of the proposed General Fund
Budget for FY 2011. Categories reviewed were State Agency, Non -Profit, General
Operations, Buildings, Public Works, Planning and Permits, Parks and Recreation, and
Economic Development.
The State Agency category includes the Health Department, Social Services, State and
County Extension Services, Agricultural Marketing, Election Board, Soil Conservation,
Weed Control and the Gypsy Moth Program, which receive partial funding from the
County. Overall requests were reduced by $163,000.00 for FY 2011.
April 20, 2010
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The Commissioners discussed the Non -Profit category. Commissioner Aleshire expressed
the opinion that organizations should share in the cuts applied to County departments.
Commissioners Wivell and Baker agreed. Commissioners Kercheval and Barr felt that the
amount contributed to non -profits should not be cut since the County notified them earlier
that their budgets would be flat -funded. It was the consensus of the Commissioners to cut
the County's contributions to nonprofit organizations by 2% in FY 2011, with the
exception of the Miss Maryland Pageant and the Tri -County Council, due to contractual
obligations.
The General Operations category would total $8.28 million, or 12.82%, for FY 2011,
which is $1.2 million less than FY 2011. The Planning and Permit Department budgets
would be decreased by 9.09% for FY 2011, mainly due to the elimination of four vacant
positions not being replaced during the poor economic conditions.
The Public Works budget was cut by 6.64% down to $2.45 million and Parks and
Recreation was reduced by 4.9% or $129,570.00. Public Works Director Joe Kroboth, III
answered questions from the Commissioners regarding Capital Improvement projects
scheduled in the CIP, including the Senior Center, Central Library expansion, and fit out of
the building next the the County Administration Building to be occupied by the
Engineering Department.
The Economic Development category was reduced by 5.11%, or $33,720.00 lower that FY
2011.
The Commissioners discussed the Employee Sick Day incentive program and decided to
suspend the program for one year, which would save $80,000.00.
PUBLIC HEARING — AGRICULTURAL PRESERVATION DISTRICT
APPLICATIONS
The Commissioners convened a public hearing at 10:07 a.m. to consider four applications
for ten (10) year term District Agreements: AD -09-03 (151.84 acres, submitted by John
Schnebly), AD -09-05 (33.11 acres, submitted by Nicholas V. Hill, Sr.), AD -09-06 (108.94
acres, submitted by Lois Stoner) and AD -09-10 (178.21 acres, submitted by Richard
Seibert). Eric Seifarth, Rural Preservation Administrator and Sara Edelman, Land
Preservation -Planning Department, indicated that if approved, the applicants would be
restricted to agricultural use only for a period of ten years. In exchange, the landowners
would not pay County property tax on their agricultural land or buildings and would
receive a credit of up to $711.00 per year on their farmhouse. Mr. Seifarth indicated that if
approved, the total cost would be $48,000.00 for the full ten (10) years. Mr. Seifarth
provided background information on the program, stating that on January 13, 2009, the
Commissioners voted to continue the ten (10) year District Agreements to maintain the tax
credit program, and as a way for landowners to show a commitment to agriculture while
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waiting for funding for an easement sale. Ms. Edelman reviewed each application being
considered. The hearing was opened for questions from the Commissioners. It was noted
that three out of the four applications are currently in the Priority Preservation Area.
Commissioner Barr opened the hearing for public comment. There was no one present who
wished to comment. The hearing was closed at 10:16 a.m.
Commissioner Kercheval, seconded by Aleshire, moved to approve the ten (10) year term
Agricultural Land Preservation Districts as set forth in the Commissioners' agenda packet.
The motion passed unanimously.
CITIZENS PARTICIPATION
Jay Wandalowski of 23327 Angela Court, Smithsburg, Maryland updated the
Commissioners regarding water problems on his property.
Darren Andrews, 17528 Lexington Avenue, Hagerstown, appeared to discuss the County's
Zoning Ordinance and a violation he received last year. County Attorney John Martirano
stated that County Staff would follow up with Mr. Andrews.
REPORTS FROM COUNTY STAFF
Public Works
Joe Kroboth, III, Public Works Director, reported that the Oak Ridge Drive railroad
replacement project was successfully completed over the weekend and that the crossing
had reopened earlier than planned. He thanked Rob Slocum, Ed Plank, and their Staff for
assistance and the local businesses who worked with his Department to accommodate the
update.
Mr. Kroboth indicated that he is continuing to work the National Park Service and the
Citizens for the Protection of Washington County (CPWC) regarding the South County
radio tower site. He stated that a public hearing would be held on May 10 at 7:00 p.m. at
Pleasant Valley Elementary School.
Mr. Kroboth informed those present that Highway department crews are continuing to
work on debris removal from various storms this winter. He noted that debris from the
Harpers' Ferry Road Bridge has mostly been cleared and departments will be working next
on the Wilson Bridge, Keedysville Road Bridge, and the Broadfording Road Bridge.
Economic Develonment Commission
Tim Troxell, EDC Director, and Susan Buchanan, EDC Fiscal/Research Specialist
requested approval of the Commissioners for an amendment to a grant agreement for the
Neighborhood Conservation Initiative (NCI) Grant Program Grant Agreement (MD -NCI
4) dated June 22, 2009. Ms. Buchanan indicated that the County would be receiving an
additional $130,000.00 for the Housing Authority's program that will allow it to purchase
one additional foreclosed home to be renovated and purchased by clients. The
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Commissioners discussed the proposal and Commissioner Wivell stated that he would not
be supporting the motion since he did not support the original program.
Commissioner Kercheval, seconded by Aleshire, moved to approve the Amendment to the
Grant Agreement dated June 22, 2009 with the Maryland Department of Housing and
Community Development to accept an additional $130,000.00 for the Housing Authority
of Washington County. The motion passed with Commissioners Kercheval, Aleshire,
Baker, and Barr voting "AYE" and Commissioner Wivell "NO".
PUBLIC HEARING — ACOUISITION OF REAL PROPERTY
President John Barr opened a public hearing at 11:04 a.m. in accordance with The Code of
the Public Local Laws of Washington County, Maryland to permit any interested persons
to appear and testify concerning the acquisition of property necessary for a public purpose.
Assistant County Attorney Andrew F. Wilkinson detailed that the property contains the
former Massey Auto Body Shop situate along East Baltimore Street in the City of
Hagerstown, containing an aggregate total of 120,966 square feet or 2.77 acres, more or
less. The purchase price is $1,170,000.00, of which all, or a portion, may be expended
from the General Fund, Mr. Wilkinson stated that the property is necessary for the
expansion project being undertaken by the Washington County Free Library.
The hearing was opened for questions from the Commissioners and no comments were
made. Commissioner Barr opened the hearing for public comment. There was no one
present who wished to comment.
Commissioner Wivell asked about the appraised value of the property and Joe Kroboth
replied that an April 2009 appraisal was $1,130,000.00. The Commissioners discussed the
purchase price, whether the property had been cleared of asbestos, and future maintenance
costs that may be incurred. Mr. Kroboth stated that the City of Hagerstown has offered
$1.5 million toward the total cost of land acquisition needed for the Library project and
that the seller of this specific property would not consider an offer below $1,170,000.00.
The Public Hearing was closed at 11:22 a.m.
Commissioner Kercheval, seconded by Baker, moved to purchase the real property as
described in the Commissioners' agenda packet as needed for the Library construction
project for a total purchase price of $1,170,000.00. Commissioner Aleshire commented
that he was only in favor of purchasing the property needed for parking purposes. He was
not in favor of purchasing the property in the entirety and felt that there should be some
analysis of future implications of costs and marketability of the other property.
Commissioner Wivell stated that he would abstain from voting at this time because the
taxpayers should know the full costs of acquisition before considering acquiring any
property. The motion passed with Commissioners Kercheval, Baker, and Barr voting
"AYE", Commissioner Aleshire' O" and Commissioner Wivell "ABSTAINING".
April 20, 2010
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SAFETY PROCLAMATION & POSTER CONTEST AWARD WINNERS
Commissioner Bair introduced Kevin Lewis, Director, and Verna Brown, Emergency
Management Coordinator -Department of Emergency Services, to observe the week of
April 18-24, 2010 as Home Chemical Safety Week in Hagerstown and Washington
County. Mr. Lewis outlined the program curriculum, presented to fourth grade students in
the County. Hagerstown Mayor Robert Bruchey and Commissioner Barr read
proclamations from the City and County respectively. Mr. Lewis informed the
Commissioners that the County's Special Operations Team would treat all of the finalists
to lunch. The Commissioners expressed appreciation to all of the local businesses that
participated in the event. Mr. Lewis read the names of the finalists, who attended: Jake
Rowe (Boonsboro Elementary), Caroline Reinhart (Pleasant Valley Elementary), Sara
Hynen (Sharpsburg Elementary), Thomas Bunce (Smithsburg Elementary), and Andrea
Morgan (Hancock Elementary). Jasmine Romero (Pangborn Elementary) was absent. Mr.
Lewis announced the finalists: 3`a Place: Thomas Bunce, 2"d Place: Sara Hynen, and I't
Place: Caroline Reinhart. The winners received gold medals and prizes from participating
sponsors. The finalists received a tee shirt and a silver medal. Mr. Lewis announced that
WHAG-TV would be showing commercials sponsored by the Local Emergency Planning
Committee beginning April 21 where all contest posters would be displayed. Ms. Brown
noted that new this year is a $100.00 gift card presented to the winner's school.
RECESS
The Commissioners recessed for lunch at 11:52 p.m.
AFTERNOON SESSION
Vice President Terry L. Baker called the afternoon session to order at 1:06 p.m. with the
following members present: Commissioners Kristin B. Aleshire, James F. Kercheval, and
William J. Wivell.
Commissioner Barr was absent from the afternoon session until 1:40 p.m.
STORMWATER MANAGEMENT, GRADING, SOIL EROSION AND SEDIMENT
CONTROL ORDINANCE
Elmer Weibley, District Manager of the Washington County Soil Conservation District
introduced Mike Stoner as the new Soil Conservation Technician working in the Antietam
Creek Watershed. Joe Kroboth, III, Public Works Director, and Jennifer Smith, Deputy
Director -Land Development Review presented an update regarding the proposed
Stormwater Management, Grading, Soil Erosion and Sediment Control Ordinance. Mr.
Kroboth indicated that the State of Maryland has adopted new regulations with respect to
stormwater management control for development and redevelopment projects. The
proposed ordinance combines the Stormwater Management grading activities and the
existing Sediment and Erosion Control Ordinance. Mr. Kroboth stated that a public hearing
is scheduled for Tuesday, May 4 during the regular meeting of the County Comrnissioners.
He advised that several changes have taken place at the State level since February 2010 to
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Page seven
Section 1.6.1 regarding the process/options available to developers under the
grandfathering provision in the document found on the Division of Land Development's
website. The Commissioners discussed the recommended changes. Commissioner Baker
questioned whether fees would increase project costs. Mr. Kroboth stated that it would in
many cases.
CONTRACT AWARDS (PUR-1122) GROUP HEALTH INSURANCE -
MEDICAL. PRESCRIPTION. CARE MANAGEMENT. DENTAL. VISION AND
STOP LOSS COVERAGE
Karen Luther, Purchasing Agent, introduced Rebecca Mowen Lewis and Liz Logsdon of
CBIZ Benefits and Administration, to present the proposal for awarding medical,
prescription, care management, dental, vision and stop loss coverage services for the
County. The Coordinating Committee recommended that TriState Health Partners (THP)
in partnership with Care First Administrators, InforMed Health Care Solutions, and
Highmark of Hagerstown, Maryland be the County's Medical/Care Management/Stoploss
Coverage provider; Express Scripts of St. Louis, Missouri the prescription drug
administrator; Delta Dental of Pennsylvania, Mechanicsburg, Pennsylvania, the provider
for dental care; and National Vision Administrators, LLC of Clifton, New Jersey the vision
provider; Ms. Luther thanked the Coordinating Committee for its work performed during
the process. Ms. Lewis presented information regarding the analysis done in order to
provide a recommendation for the services.
Commissioner Barr returned to the meeting at 1:40 p.m. and assumed the Chair.
The Commissioners discussed the recommendations. County Administrator Greg Murray
stated that the average increase to employees would be 7% or approximately $4 per pay
period. The contracts will save the County approximately $319,370.00.
Commissioner Kercheval, seconded by Aleshire, moved to award County employee health
insurance coverage contracts to the responsive, responsible proposers as follows: TriState
Health Partners (THP) in partnership with Care First Administrators, InforMed Health
Care Solutions, and Highmark of Hagerstown, Maryland be the County's Medical/Care
Management/Stoploss Coverage provider; Express Scripts of St. Louis, Missouri the
prescription drug administrator; Delta Dental of Pennsylvania, Mechanicsburg,
Pennsylvania, the provider for dental care; and National Vision Administrators, LLC of
Clifton, New Jersey the vision provider, as unanimously recommended by the
Coordinating Committee; and to reject the proposals for Over 65 Retirees due to budgetary
constraints. In answer to questions regarding the motion stating, "and to reject the
proposals for Over 65 Retirees..." Ms. Lewis advised that the Committee had considered
offering a prescription Plan for retirees; however, it was not feasible. The motion passed
unanimously.
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Page eight
GENERAL FUND BUDGET DISCUSSIONS
Debra Murray, Finance Director, and Sonja Hoover, EDC Fiscal/Research Specialist,
Budget and Finance Department, resumed FY 2011 budget discussions. The
Commissioners discussed capital improvement projects and how to cut costs to lower the
proposed $13.5 million borrowing level. Commissioner Wivell suggested that the amount
be limited to $12.5 million or lower. It was the consensus to work toward developing a $12
million borrowing limit and return next week with recommendations on how to reach that
amount. Greg Murray directed the Finance Department to develop options for
consideration and provide a report to the Commissioners this week. Debra Murray
indicated that the May 4 Public Hearing date and its advertising timeline would remain on
schedule if the Commissioners were prepared with final changes at the April 27 meeting.
CONVENE IN CLOSED SESSION
Commissioner Aleshire, seconded by Wivell, moved to convene in closed session at 4:04
p.m. to discuss the appointment, employment, assignment, and/or performance evaluation
of appointees, employees, or officials over whom it has jurisdiction; to discuss personnel
matters that affect one or more specific individuals; and to consider a matter than concerns
the proposal for a business or industrial organization to locate, expand, or remain in the
State, in accordance with Section 10-508 of the State Government Article of the Annotated
Code of Maryland. The motion passed unanimously.
In closed session, the Commissioners discussed the appointment, employment, assignment,
and/or performance evaluation of appointees, employees, or officials over whom it has
jurisdiction; personnel matters that affect one or more specific individuals; and considered
a matter than concerns the proposal for a business or industrial organization to locate,
expand, or remain in the State. Present during closed session were Commissioners John F.
Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William Wivell. Also
present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; John
Martirano, County Attorney; Joe Kroboth, III, Public Works Director; and Greg Larsen,
Airport Business Development Manager.
APPOINTMENT - AREA AGENCY ON AGING
Commissioner Aleshire, seconded by Baker, moved to appoint Andrea Bowers to a first
three-year term on the Area Agency on Aging, as a representative to the Hancock area,
extending through January 30, 2013. The motion passed unanimously.
ADJOURNMENT
Commissioner Baker, seconded by Aleshire, moved to adjourn the meeting at 4:40 p.m.
The motion passed unanimously.
Co I tyty Adnistrator
County Attorneyl
County Clerk