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HomeMy WebLinkAbout06.05.2012 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland June 5, 2012 CONVENE IN CLOSED SESSION Commissioner McKinley, seconded by Callaham, moved to convene in closed session at 9:41 a.m. to consult with counsel to obtain legal advice on a legal matter and consult with staff or other individuals about pending or potential litigation, in accordance with Section 10-508(7) and (8) of the State Govermnent Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed specific legal issues relating to the scope of health insurance coverage with counsel; and discussed various aspects of pending litigation with counsel and staff. The Commissioners provided final direction to staff and counsel relating to the scope of health insurance coverage issue. Present during closed session were Commissioners Terry L. Baker, John F. Barr, Jeffrey A. Cline, Ruth Anne Callaham, and William B. McKinley. Also present were Gregory B. Murray, County Administrator; Vicki C. Lumm, County Clerk; John Martirano, County Attorney; Andrew Wilkinson, Assistant County Attorney; Stephanie Stone, Director, and Debra Peyton, Benefits Administrator, Health and Human Services. CALL TO ORDER President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 10:14 a.m. at 100 West Washington Street, Room 227, Hagerstown, with the following members present: Commissioners John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Callaham offered the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES - MAY 22.2012 REGULAR MEETING AND FY 2013 CONSTANT YIELD TAX RATE/BUDGET PUBLIC HEARING Commissioner Callaham, seconded by Barr, moved to approve the minutes of the May 22, 2012 regular meeting, including minutes of the FY 2013 Constant Yield Tax Rate/Budget Public Hearing. The motion passed unanimously. DISCUSSION OF FINAL FY 2013 BUDGET AMENDMENTS County Administrator Greg Murray presented a discussion of budget items to be finalized by the Commissioners before voting on the Fiscal Year 2013 Operating and Capital Improvement Project (CIP) budgets. It was the consensus of the Commissioners to agree to the following: June 5, 2012 Page 2 Excise Tax Chance — Temporarily change the amount of excise tax charged for non- residential "change of use" structures from $3 per square foot to $0, not including new buildings used for commercial development, for a period through June 30, 2015, at which time it would revert to the current rate. (The Commissioners suspended the discussion of budget items to move to the Citizens Participation portion of the meeting.) CITIZENS PARTICIPATION Nancy Allen of 924 Oak Hill Avenue, Hagerstown, read a letter on behalf of the Hagerstown TEA Party regarding the 287G Program and illegal immigration. DISCUSSION OF AMENDMENTS AND APPROVAL OF FY 2013 OPERATING BUDGET The Conunissioners continued discussions of options to facilitate approval of the Fiscal Year 2013 Operating Budget and agreed by a consensus to the following: Options to Facilitate FY 2013 Budeet — Eliminate School Health Nurse Program funding and apply other income adjustments to make final general fund budget changes that include the restoration of necessary County pension funding, Other Post Employment Benefits (OPEB) funding, State -mandated Board of Education pension costs, and wage adjustments. Water/Sewer Rates — Implement a 3% rate increase for water and 2.9% rate increase for sewer to the average residential user and adopt other fees and charges (Resolution No. RS -2012-09: Modification of Utility Rates and Other Fees and Charges - Department of Water Quality - FY 2013 is located in the County Conunissioners' Office.) Countv Emplovee Increases — Provide a $1000.00 stipend check on July 1, 2012; one additional, permanent personal day beginning FY 2013; a step increase effective January 1, 2013; and a 2% cost of living increase to retirees effective July 1, 2012. Health Insurance Terminoloev — Change the health insurance document definition of spouse to comply with State law and legal decisions. Landfill Reevcline Sticker — Allow the purchase of separate recycling ($36/year) and yard waste ($15/year) stickers for the County Landfill independent of the regular refuse sticker. Commissioner Cline, seconded by McKinley, moved to approve the Fiscal Year 2013 Operating Budget including the items presented by the County Administrator, discussed, and approved by the County Commissioners this morning. The motion passed unanimously. Commissioner Callaham suggested holding a public meeting to obtain public comment regarding the Capital Improvement Project (CIP) Budget and the amendments being discussed today. It was the consensus of the Commissioners to hold a future public meeting for that purpose. June 5, 2012 Page 3 APPROVAL FOR RURAL LEGACY PROGRAM EASEMENT — BONNARD J. MORGAN. TRUSTEE OF THE MORGAN FAMILY TRUST Eric Seifarth, Rural Preservation Administrator, and Chris Boggs, Land Preservation Planner, Planning and Zoning, recommended approval of the Morgan Family Trust Rural Legacy Program (RLP) Easement Project for $37,004.40. Mr. Boggs described the ten -acre easement located in a landlocked area off the west side of Chestnut Grove Road. Mr. Seifarth indicated that Rural Legacy Program (RLP) Easement funds are 100% state -paid and used to preserve farmland and open space containing significant agricultural, environmental and cultural or historic features surrounding the Antietam Battlefield. Commissioner Barr, seconded by McKinley, moved to accept the Morgan Family Trust Rural Legacy Program (RLP) Easement Project for $37,004.40 as presented, adopt an ordinance approving the purchase, and authorize the execution such documents as may be required. The motion passed unanimously, (Ordinance No. ORD -2012-12 is located in the County Commissioners' Office). SHERIFF'S DEPARTMENT - BULLETPROOF VEST PARTNERSHIP GRANT Sheriff's Department Deputy Carly Hose requested approval to apply for a Bulletproof Vest Partnership Grant of $29,402.00 from the U.S. Department of Justice. She advised that the grant would cover the costs of body armor replacement with no fiscal impact to the County. Commissioner Barr, seconded by Cline, moved to approve application for the grant as presented. The motion passed unanimously. SHERIFF'S DEPARTMENT - EDWARD J. BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Deputy Carly Hose requested approval to apply for the Edward J. Byrne Memorial Justice Assistance Grant of $32,139.95 for the "Simulated Impaired Driving Experience" program. Ms. Hose advised that the program simulates the effects of distraction and impairment from alcohol and other drugs on a motorist's driving skills, and is used in schools and community groups. Commissioner Barr, seconded by McKinley, moved to approve submission of the grant as presented. The motion passed unanimously. APPROVAL OF FY 2013 CAPITAL IMPROVEMENT PROJECT BUDGET The Commissioners discussed final budget amendments to be made before approving the FY 2013 Capital Improvement Project (CIP) Budget. Commissioner Baker stated that he favored cutting the $14 million borrowing amount by $2 million. The Commissioners discussed potential methods that could be used to achieve the lowered borrowing amount. Finance Director Debra Murray advised that the County typically does not borrow funds for the next fiscal year until well into the budget year and could potentially have $2 million in leftover project funds. The Commissioners discussed potential savings that may be recovered from the downtown library renovation project. June 5, 2012 Page 4 Commissioner Cline, seconded by Barr, moved to approve the Fiscal Year 2013 Capital Improvement Project Budget, with up to $2 million in savings from various future projects being used to pay down this current year's debt. The Commissioners discussed the verbiage contained in the motion. Mr. Cline restated his motion to approve the Fiscal Year 2013 Capital Improvement Project Budget, which includes a $14 million borrowing amount, with the first $2 million of any project savings going toward reducing that borrowing amount. The motion passed unanimously. Enmlovee Retirement Options — Greg Murray advised the Commissioners of potential savings that could be attained by offering up to three years of eligibility toward retirement, without penalty, for qualified County employees. It was the consensus of the Commissioners to agree to the recommendation and begin the process of eliminating the penalty to facilitate routine savings. PUBLIC HEARING — BUILDING/TRADE CODES (REPEAL, ENACTMENT, AND ADOPTION OF VARIOUS ORDINANCES AND RESOLUTIONS) Greg Murray stated that the Commissioners' published agenda listed a public hearing at 1:30 p.m. regarding the Building/Trade Codes; however, it was advertised in the local newspaper for 11:30 a.m. Therefore, the Commissioners would be holding a public hearing at this time and at 1:30 p.m. this afternoon. County Attorney John Martirano advised that this item would be scheduled for discussion and potential vote during the June 19, 2012 Commissioners' meeting. Mr. Murray announced that the agricultural structure occupancy definition as proposed is currently how that program is managed. The County's definition substantially reduces what State law requires and memorializes how the law is currently managed. President Baker convened a Public Hearing at 11:45 a.m. to permit any interested persons to appear and testify concerning the proposed repeal, enactment, and adoption of various building/trade codes, ordinances and or resolutions. The Public Hearing was opened for comments fiom the public Steve Ernst, 13646 Broadfording Road, Clear Spring, opposed the treatment of agricultural structures in the proposed amendments and discussed inspections of agricultural buildings performed by the Division of Plan Review and Permitting. Matt Harsh, 13220 Edgemont Road, Smithsburg, submitted letters from the farming community opposing the agricultural structure defurition of "human occupancy." He suggested that the definition be changed to "any structure associated with an agriculture operation that is utilized for the production of or associated tasks for the production and distribution of agriculture products." Henry Allenberg, 20424 Splendor View Terrace, Hagerstown, commented against the proposed agricultural structure definition and submitted letters from the farming community to that effect. June 5, 2012 Page 5 Charles Semler, 11664 Mapleville Road, Smithsburg, submitted a letter and discussed his opposition to the proposed changes regarding agricultural structures and the costs associated with the permitting process. David Herbst, 14230 Misty Meadow Road, Smithsburg, opposed changes to regulations regarding agricultural structures and commented on inspections performed for new structures. The Public Hearing was closed at 12:08 p.m. 2012 MARYLAND STATE COMMUNITY RIGHT -TO -KNOW FUND GRANT Charles Summers, Deputy Director, and Verna Brown, Emergency Management Coordinator, Division of Emergency Services, recommended utilizing $1,920.00 of the total grant award of $7,843.00 for the 2012 Maryland State Community Right -To -Know Fund Grant to fund an internship program. Mr. Summers stated that this annual award from the Maryland Department of the Environment might be used by the Washington County Local Emergency Planning Committee for miscellaneous planning and training activities. The internship program would fund a part-time employee for $1,920.00 and required benefits. Commissioner Callaham, seconded by McKinley, moved to authorize the Division of Emergency Services to utilize $1,920.00 of the $7,843.00 2012 Maryland State Community Right -To -Know Fund Grant Program as presented. The motion passed unanimously. DISCUSSION/APPROVAL OF FINAL FY 2013 BUDGET AMENDMENTS (cont.) CAPITAL IMPROVEMENT BUDGET ITEM Greg Murray stated that a roof replacement project for the Hagerstown Community College Athletic Recreation and Community Center (ARCC) requires a 25 -year warranty roof according to the State. He indicated that the college is requesting $119,552.00 in 2014 to cover the difference between what is required and the budgeted 15 -year roof. The increased funding would be provided from the Commissioners' Contingency Fund, which funds are derived from prior years of project savings. The Commissioners discussed the request. Commissioner Callaham, seconded by McKinley, moved to approve the request with funds to be taken from the Commissioners Contingency Fund. The motion passed unanimously. RECESS The Commissioners recessed at 12:14 p.m. President Terry L. Baker called the afternoon session to order at 1:37 p.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. June 5, 2012 Page 6 PUBLIC HEARING — BUILDING/TRADE CODES (REPEAL, ENACTMENT, AND ADOPTION OF VARIOUS ORDINANCES AND RESOLUTIONS) President Baker convened a Public Hearing at 1:38 p.m. to permit any interested persons to appear and testify concerning the proposed repeal, enactment, and adoption of various building/trade codes, ordinances and or resolutions. Jennifer Smith, Director, and Angela Smith, Deputy Director, Plan Review and Permitting, presented an overview of the proposed changes. The Public Hearing was opened for comments from the public. Steve Ernst, 13646 Broadfording Road, Clear Spring, stated that after the morning hearing, lie received clarifications of the agricultural structure proposal from Jennifer Smith and Angela Smith. The agricultural community is planning to submit proposed language to the County regarding the issue. Larry Iseminger, Chief Engineer, State Fire Marshall's Office, discussed the Office's recommendation to adopt the requirement of residential sprinkler systems in new homes constructed in Washington County. Dale Hill, President of the Washington County Volunteer Fire and Rescue Association, commented in favor of the requirement of residential sprinkler systems. Rob Smith, retired Washington County Building Inspector, discussed code enforcement issues dealt with during his employment with the County. The Public Hearing was closed at 1:59 p.m. County Attorney John Martirano advised that this item would be scheduled for discussion and potential vote during the June 19, 2012 Commissioners' meeting. APPOINTMENT OF MEMBERS TO THE 2012 WASHINGTON COUNTY SALARY STUDY COMMISSION Andrew Wilkinson, Assistant County Attorney, appeared before the Conimissioners regarding the appointment of members to the 2012 Salary Study Commission. He stated that Maryland law requires the County Commissioners to appoint a Salary Study Commission every four years to make recommendations concerning the salaries of certain elected officials, including the County Commissioners. Mr. Wilkinson indicated that the Commission must hold its first meeting before July 1, 2012 and issue a report with recommendations to the Board of County Commissioners by December 1, 2012. The following individuals are recommended for appointment to the Commission: Democratic Party Central Committee of Washington County — Elizabeth Paul; Republican Party Central Committee of Washington County — Stephen M. Showe; Washington County Chamber of Commerce — Ted Reeder; Washington County Farm Bureau — Ralph Shank; June 5, 2012 Page 7 League of Women Voters of Washington County — Barbara Rice; Central Maryland AFL-CIO Council — Boyd "Chip" Cook; Cumberland Valley Associated Builders and Contractors, Inc.— Wilford Seilhamer; and Joint Veterans Council of Washington County — R. Wayne Taylor. Mr. Wilkinson stated that the Commissioners have no discretion in making the appointments, as the statute requires that the Commissioners appoint the individuals recommended by each organization. The Commissioners discussed the issue. Commissioner Barr, seconded by McKinley, moved to appoint the individuals as indicated on the attached agenda report. The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner Cline attended the 50th anniversary celebration of Conococheague Elementary School and "World No Tobacco Day" at Meritus Medical Center. He reported on the Economic Development Commission (EDC) business outreach visits to Crist Instruments and Duvinage Corporation. Mr. Cline participated in the Allegiant Air inaugural flight kickoff and the Emergency Medical Services facility tour. He escorted Vietnam veteran Gary Grimes in the Sharpsburg Memorial Day parade. Commissioner Cline stated that his he rode in the Boonsboro Memorial Day parade with his father, Harry Cline, age 89, and Vicki Lumen's father, Jack Charles, age 93, both World War II veterans. Commissioner Cline attended the Shining Star recognition event to honor public high school seniors. He welcomed visitors from around the world to the Agricultural Education Center and attended the Washington County Evening High School graduation. He congratulated the many State and County championship sports teams this year. Commissioner Callaham stated that she attended the business outreach visits to Crist Instruments and Duvinage Corporation. She boarded the inaugural flight of Allegiant Air and thanked Airport Director Phil Ridenour and staff for their hard work to make the air service to Florida a reality. Ms. Callaham described a visit to Houston, Texas where she attended a local Chamber of Commerce meeting. She thanked all veterans for their service. Commissioner Barr commented on the Fiscal Year 2013 budget hearing at Hagerstown Community College and the Pixels and Games program presented by the Technical High School at the Washington County Museum of Fine Arts. He attended the Conococheague Elementary School anniversary celebration and the business outreach visits with his fellow Commissioners. Mr. Barr attended the Senior Caregivers' Expo at Hager Hall. He flew on the inaugural Allegiant Air flight from Hagerstown to Orlando and described the warm reception received from its crew. Commissioner Barr participated in meetings of the Western Maryland Consortium Board and Tri County Council. He reported meeting with officials of the Pittsburgh Institute of Aeronautics. Mr. Barr participated in the "Operation: God Bless America Motorcycle Ride" from Greencastle, Pennsylvania to the Martinsburg Veterans Medical Center that raised funds for veteran services. June 5, 2012 Page 8 Commissioner McKinley congratulated all graduates of local high schools this week. He attended the Fishing Rodeo for children at the Cushwa Basin sponsored by the Williamsport Rotary Club. Mr. McKinley enjoyed the Shining Star event at Fountain Head Country Club and the Senior Caregivers' Expo. He was present at the kickoff for Allegiant Air. He advised of meetings with several businesses that are considering locating in Washington County. Commissioner McKinley took part in the business outreach visits. He attended the graduation ceremony for students attending the University System of Maryland -Hagerstown Campus and an agricultural preservation meeting. Mr. McKinley thanked County Plamier Fred Nugent for presenting the annual report on growth and change during the recent Planning Commission meeting. Cormmissioner Baker attended the Evening High School graduation and Conococheague Elementary School's 50th Anniversary event. He took part in the Western Maryland Consortium Executive Council meeting in Hancock. Mr. Baker reported on the Shining Star recognition dinner. He attended the public meeting regarding the planned closing of Conococheague and Winter Street Elementary Schools. Commissioner Baker presented a proclamation during the Senior Caregivers' Expo at Hager Hall. He offered congratulations to the graduates of the Technical High School, whose ceremony will be held this evening. OTHER BUSINESS Annointments to Boards and Commissions Washineton Countv Board of Social Services Commissioner Cline, seconded by McKinley, moved to reappoint Gladys Rojas and Bonnie Elgin to second, three-year terms on the Washington County Board of Social Services through June 30, 2015; and appoint Loretta Wright to a first, three-year term from July 1, 2012 through June 30, 2015. The motion passed unanimously. Washineton Countv Mental Health Authoritv. Inc. Commissioner Barr, seconded by McKinley, moved to appoint Mervin Yoder to the Washington County Mental Health Authority, Inc. to a first, three-year term through May 31, 2015; and appoint Elisabeth Creech as an elder advocate representative to a first, three- year term through May 31, 2015. The motion passed unanimously. Countv Administrator Comment County Administrator Greg Murray commented that the business outreach visits sponsored by EDC have been informative and beneficial to all parties. Commissioner Callaham Comment Commissioner Callaham commented on a recent report of federally operated control towers across the United States that affects Federal Aviation Administration funding. She noted that Hagerstown Regional Airport's tower saw a 12% increase above the previous year. June 5, 2012 Page 9 REPORTS FROM COUNTY STAFF Health and Human Services Stephanie Stone, Director of Health and Human Services, requested permission to advertise and hire for three budgeted, Grade 8, 9-1-1 Emergency Call Taker positions due to upcoming vacancies. Commissioner Cline, seconded by Callaham, moved to fill the positions as recommended. The motion passed unanimously. Parks and Facilities Jim Sterling, Director, Parks and Facilities, stated that the third annual Rural Heritage Museum Garden Tour would be held on June 9 and the Walker Circus would be held on June 7 at the Agricultural Education Center. BID AWARD - ELEVATOR MAINTENANCE SERVICES Rick Curry, Buyer, Purchasing Department, and Jim Sterling presented a recommendation to award the bid for Elevator Maintenance Services to the responsible, responsive bidder, Eastern Elevator Service and Sales Company of Windber, Pennsylvania for the lowest total sum bid of $17,700.00. Mr. Curry advised that the bidder is to furnish all labor, materials, supervision, equipment; insurance, permits, as necessary to provide for repair, adjustments, and services for a dumbwaiter and elevators at County office buildings and various locations. He noted that the contract includes the Washington County Health Department and that the Washington County Free Library would be included once construction of the new facility is completed. Commissioner Barr, seconded by Cline, moved to award the bid for Elevator Maintenance Services to the responsible, responsive bidder, Eastern Elevator Service and Sales Company of Windber, Pennsylvania for the lowest total sum bid of $17,700.00. The motion passed unanimously. BID AWARD — TRASH REMOVAL SERVICES AT COUNTY FACILITIES Rick Curry and Jim Sterling, Director, Parks and Facilities, presented a recommendation to award the bid for Trash Removal Services at County Facilities to the responsible, responsive bidder, Allied Waste Services of Hagerstown, who submitted the lowest total sum bid of $38,799.00. The contract covers trash removal services at twenty-three County facilities. Commissioner Barr, seconded by McKinley, moved to award the bid for Trash Removal Services at County Facilities to the responsible, responsive bidder, Allied Waste Services of Hagerstown, who submitted the lowest total sum bid of $38,799.00.The motion passed unanimously. June 5, 2012 Page 10 BID AWARD — RECYCLING DROP-OFF CENTER SERVICES Rick Curry and Cliff Engle, Deputy Director of the Solid Waste Department, presented a recormnendation to award the contract for Recycling Drop -Off Services to the responsible, responsive bidder Allied Waste Services of Hagerstown for Option B (dual stream) of $124,125.00 for the Drop -Off Center service, and Segregated Cardboard Containers of $23,712.00, for the lowest total sum bid of $147,837.00 for the first year of the contract. Mr. Curry advised that the contract does not contain any annual guaranteed minimum or maximum number of trips. The Commissioners discussed the recormnendation. Commissioner Barr, seconded by McKinley, moved to award the contract for Recycling Drop -Off Services to the responsible, responsive bidder Allied Waste Services of Hagerstown, who submitted the lowest total sum bid, as presented. The motion passed unanimously. ADJOURNMENT Commissioner Barr, seconded by Callaham, moved to adjourn at 2:43 p.m. The motion passed unanimously. Gregory B Mirray, _l_Q lv� ' John M. Martirano, a Attorney Vicki C. Lumrn, County Clerk