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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. April 20, 2010 Pagetwo 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 Page three 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 April 20, 2010 Page four 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 Apri120, 2010 Page five 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 Page six IS1ZN\anl?A'iDT3eLD�►[H'1�-r/:\►I►[I►[KK�7�Ii 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 April 20, 2010 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. Apri120, 2010 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