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HomeMy WebLinkAbout12.18.2012 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland December 18, 2012 President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 8:39 a.m. at 100 West Washington Street, Room 227, with the following members: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barr offered the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — DECEMBER 11, 2012 Commissioner McKinley, seconded by Callaham, moved to approve the minutes of December 11, 2012. The motion passed unanimously. 'REPORTS AND COMMENTS Commissioner Cline offered thoughts and prayers for the families of New Hope, Connecticut in light of the recent school shooting tragedy that occurred there. He congratulated Health and Human Services Deputy Director Dee Hawbaker on her retirement. Commissioner Callaham offered condolences to the town of New Hope and recognized all emergency responders. She reported attending the Department of Water Quality's holiday breakfast and thanked all County employees for the jobs they perform. Commissioner Barr congratulated Ms. Hawbaker on her retirement. He complimented the Maryland Symphony Orchestra (MSO) for its holiday show that included choirs from Northern Middle School and Hagerstown Choral Arts. Mr. Barr noted that a graduation ceremony for the Pittsburgh Institute of Aviation would be held this Saturday. He stated that the Commissioners and staff would be ringing The Salvation Army bell tomorrow at the Valley Mall. Commissioner McKinley commented on the incident in New Hope. He wished Dee Hawbaker the best in her retirement. Mr. McKinley enjoyed the MSO concert as well. He visited the "Scales and Tails" demonstration at Paramount School and participated in the dedication of Fahmey Keedy's new rehabilitation center. Commissioner McKinley thanked staff for the holiday party and caroling by employees in the County Administration Building. He visited the Senior Center at Western Maryland Hospital to see the programs offered there. Commissioner Baker stated that he also attended the Department of Water Quality's holiday breakfast. He was present at a Republican Club Christmas party and Hagerstown Community College Boosters' holiday social. Mr. Baker attended an Economic Development Commission (EDC) board meeting where discussions revolved around tier December 18, 2012 Page 2 mapping and land rights. He announced that the City of Hagerstown has designated new Council members Kristin Aleshire and Don Munson as its representatives to the EDC Board. Commissioner Baker thanked Dee Hawbaker for twenty-six years of service to Washington County. He wished all County employees a Merry Christmas and Happy New Year. REAL PROPERTY ACOUISITION —11063,11115. AND 11131 ROBINWOOD DRIVE Real Property Administrator Joe Kuhna requested approval to enter into option agreements for partial real property acquisitions located at 11063, 11115, and 11131 Robinwood Drive to allow for future road widening and improvements at Robinwood Drive. Mr. Kuhna stated that the properties are the last parcels needed for the project. He advised that $374,550.00 is available in the Capital Improvement Project Budget for the acquisitions. The Commissioners discussed details of the purchase and the overall Robinwood Drive project. Commissioner Barr, seconded by McKinley, moved to approve option agreements for partial real property acquisitions at 11063, 11115, and 11131 Robinwood Drive for the purposes stated, adopt an ordinance approving said purchase, and authorize the execution of the required documentation for the property acquisitions as presented. The motion passed unanimously. (Ordinance No. ORD -2012-37 is located in the County Commissioners' Office.) 2012 SALARY STUDY COMMISSION RECOMMENDATIONS Deputy County Attorney Kirk C. Downey discussed recommendations presented to the Commissioners on November 27 by the 2012 Salary Study Commission (SSC) regarding its study of the salaries of various elected positions in Washington County. Mr. Downey advised that the Commissioners are required by statute to make recommendations to the County's General Assembly Delegation regarding the future salaries of the County Commissioners and the Sheriff, and must set the other positions' salaries by local law. Recommendations of the SSC were as follows: County Commissioner (member salary from $30,000.00 to $35,000.00, President's Salary from $33,000.00 to $40,000.00); Board of Education (member salary from $6,100.00 to $7,000.00, President's salary fiom $6,200.00 to $7,200.00); Orphans' Court Judge (Judge's salary from $7,000.00 to $7,800.00, with a reduction of the expense stipend from $1,000.00 to $500.00); Sheriff (salary from $88,000.00 to $100,000.00); Treasurer (no change); and Board of License Commissioners (member salary from $9,600.00 to $10,600.00, Chair's salary from $9,850.00 to $10,850.00.) The Commissioners discussed the Salary Study Commission's recommendations and the salary study process. Commissioner Barr, seconded by McKinley, moved that the Treasurer's salary continue to remain on the County's step and grade process. The motion passed unanimously. December 18, 2012 Page 3 Commissioner McKinley moved to adopt the Salary Study Commissions' recommendation for salary increases for the County Commissioners and the Sheriff. Commissioner McKinley withdrew the motion. Commissioner McKinley, seconded by Barr, moved to accept the Salary Study Commission's recommendations regarding salary increases for the County Commissioners. Commissioner Callaham stated that she could not support the motion due to the large jump recommended by the SSC. The motion failed with Commissioners McKinley and Barr voting "AYE" and Commissioners Callaham, Cline, and Baker "NO." Commissioner Callaham moved to recommend that the County Commissioner President's salary be increased to $35,000.00 and the Commissioners' salary be increased to $32,000.00. Commissioner McKinley seconded the motion for discussion. He stated that the difference between the motion made and the SSC recommendations was not very significant. Commissioner Callaham stated that her motion was made in the spirit of compromise. The motion failed with Commissioners Callaham and McKinley voting "AYE" and Commissioners Barr, Cline, and Baker "NO." Commissioner Cline, seconded by Barr, moved that the salaries for the County Commissioners remain at the current level. The motion passed with Commissioners Cline, Barr, and Baker voting "AYE" and Commissioners Callaham and McKinley "NO." Commissioner Callaham commented that her'NO" vote was based on her objection to the process for setting the salaries, which provided no opportunity to change or affect the process. The Commissioners discussed the salary and responsibilities of the position of Sheriff. Commissioner Barr, seconded by McKinley, moved to recommend to the Delegation that the salary for the office of Sheriff be increased as proposed by the Salary Study Commission. The motion passed with Commissioners Barr, McKinley, Cline, and Callaham voting "AYE" and Commissioner Baker "NO." The Commissioners briefly discussed the salaries for Board of Education members and Orphans' Court Judges. Commissioner Callaham stated that she would like to receive comments from Board of Education members regarding the SSC recommendations before voting on the matter. It was the consensus of the Commissioners to revisit the matter at a future meeting. PUBLIC HEARING — ENACTMENT OF ADDRESSING ORDINANCE FOR WASHINGTON COUNTY President Baker convened a public hearing at 9:48 a.m. to obtain public comment regarding the proposed enactment of an Addressing Ordinance for Washington County, Maryland (Ordinance.) Kirk C. Downey, Deputy County Attorney, indicated that following a previous public hearing, changes were made to the draft Ordinance, including: 1) mandating December 18, 2012 Page 4 that numbers identifying a structure be the height as required in the applicable building code; 2) rear address identification on properties having rear access to a street, alley, or thoroughfare; and 3) providing that violations of the Ordinance are civil, rather than criminal, penalties with a fine. Mr. Downey stated that a proposed Resolution establishing a $75.00 civil penalty would accompany the Ordinance. The public hearing was opened for public comment. 'There was no one present who wished to comment. The hearing was closed at 9:52 a.m. The meeting was opened for discussion and questions from the Commissioners. Commissioner McKinley endorsed the Ordinance as presented. Commissioner Barr, seconded by Cline, moved to adopt the Addressing Ordinance and Resolution as presented. The motion passed unanimously. (Ordinance No. ORD -2012-38 and Resolution RS -2012-21 are located in the County Commissioners' Office.) PUBLIC HEARING — AMENDMENTS TO TIIE WASHINGTON COUNTY STORMWATER MANAGEMENT", GRADING, SOIL EROSION AND SEDIMENT CONTROL ORDINANCE (REVISION 1) President Baker convened a public hearing at 9:53 a.m. to obtain public comment regarding amendments to the Washington County Stormwater Management, Grading, Soil Erosion and Sediment Control Ordinance (Revision 1.) Jennifer Smith, Director, Plan Review and Permitting, provided details of the amendments mandated by Maryland regulations that require local jurisdictions to adopt a revised Ordinance that incorporates State -required changes by January 27, 2013. Ms. Smith described proposed revisions to the existing Ordinance, along with additional revisions to help streamline the plan approval process for minor development projects, to meet these requirements. The public hearing was opened for public comment. Elmer Weibley, District Manager of the Washington County Soil Conservation District, read a statement on behalf of the organization in support of the adoption of the revised Ordinance. The hearing was closed at 10:00 a.m. The meeting was opened for questions and discussion by the Commissioners, Mr. Weibley answered questions from the Commissioners and stated that the Ordinance is nearly verbatim from the model Ordinance promulgated by the Maryland Department of the Environment. Commissioner Callaham, seconded by McKinley, moved to adopt the amendments to the Washington County Stormwater Management, Grading, Soil Erosion and Sediment Control Ordinance (Revision 1) as presented. The motion passed unanimously. (Resolution RS -2012-39 is located in the County Cormnissioners' Office.) December 18, 2012 Page 5 CONTRACT RENEWAL — LANDFILL INSPECTIONS SERVICES Rick Curry, Buyer, Purchasing, and Dave Mason, Environmental Engineer -Division of Environmental Management, presented a recommendation to renew the contract for Landfill Inspection Services (PUR-1076) with Duffield Associates of Carlisle, Pennsylvania for Contract Year 5 based on its letter of request dated November 29, 2012 at the following specified rates: Construction Insnector: Hourly Rate for straight time: Contract Year 5 - $43.00 Hourly Rate for overtime: Contract Year 5 - $47.25 Senior Construction Inspector Hourly Rate for straight time: Contract Year 5 - $47.95 Hourly Rate for overtime: Contract Year 5 - $52.65 Mr. Curry stated that this renewal is the last installment under the existing contract. Services consist of providing inspection set -vices for landfill related construction projects located throughout the County. Dave Mason described the services covered under the contract. Commissioner McKinley, seconded by Barr, moved to renew the contract for Landfill Inspection Services with Duffield Associates of Carlisle, Pennsylvania for Contract Year 5 as presented. The motion passed unanimously. CITIZENS PARTICIPATION There were no citizens present who wished to participate. OTHER BUSINESS Countv Attornev Deputy County Attorney Kirk C. Downey requested approval of a Resolution to reestablish certain designations, fees, and penalties pursuant to the Animal Control Ordinance. He advised that Revision 5 of the Ordinance authorizes the County Commissioners to make certain designations concerning its administration and enforcement and to set by resolution certain fees and penalties arising under the Ordinance. The proposed resolution designates the Department of Plan Review and Permitting to provide administrative support to the Animal Control Authority and the Humane Society for Washington County, Maryland, Inc., pursuant to contractual agreement, as the agency responsible for enforcement of the Ordinance. The resolution also sets forth license fees and penalties for violation of the Ordinance. The designations, fees, and penalties are equivalent to those made under Revision 4 of the Ordinance and do not increase any fees or penalties. Commissioner Barr, seconded by Callaham, moved to approve the Resolution as presented with an effective date of January 1, 2013. The motion passed unanimously. (Resolution No. RS -2012-22 is located in the County Commissioners' Office.) December 18, 2012 Page 6 Countv Administrator County Administrator Greg Murray thanked County employees for the work they do and wished them well during the holiday break. REPORTS FROM COUNTY STAFF Health and Human Services Stephanie Stone, Director, Health and Human Services, requested permission to advertise and fill a vacancy for a budgeted, full-time, Grade 11 Utilities Construction Inspector position in the Department of Water Quality due to a vacancy. Commissioner McKinley, seconded by Callaham, moved to approve the request as presented. The motion passed unanimously. Ms. Stone and Dan DiVito, Deputy Director of the Division of Environmental Management, requested permission to upgrade a current employee position in the Department of Water Quality from a Grade 6 Office Associate to a Grade 8 Senior Office Associate. Mr. DiVito indicated that in order to increase efficiency in the Department, one position would be upgraded and a vacant position not filled. A current employee in the Department would fill the upgraded position. Commissioner Cline, seconded by McKinley, moved to approve the request as presented. The motion passed unanimously. Office of Communitv Grant Manaeement Jim Hovis, Director of the Office of Community Grant Management, stated that his office has received preliminary approval for the provision of student health services at South Hagerstown High School and Northern Middle School, which would supplement and enhance the current School Nurse Program. The new program would allow a full-time physician to provide primary care in the schools as of January 21, 2013 for students that do not have access to those services. Mr. Hovis indicated that he would bring forth a request to the Commissioners in January 2013 for acceptance of a no -match grant of approximately $200,000.00. The Commissioners discussed the program and expressed their desire to approve the grant at this time. Commissioner Cline, seconded by Callaham, moved to accept a grant from the Maryland State Department of Education and to accept the grant funds as described and presented. The motion passed unanimously. RURAL LEGACY PROGRAM EASEMENT - ELMER A. STONE, JR. Eric Seifarth, Rural Preservation Administrator, and Chris Boggs, Land Preservation Planner, Planning and Zoning, recommended approval of the Elmer A. Stone, Jr. Rural Legacy Program (RLP) easement project of $495,000.00 for 137.26 easement acres. Mr. Seifarth indicated that funds and fees are 100% State -paid, mainly from the Department of Natural Resources Open Space funds, used to protect land near the Antietam Battlefield in December 18, 2012 Page 7 the Rural Legacy Area. Mr. Boggs described the property located along Nicodemus Road in Boonsboro that is surrounded by other protected lands. The Commissioners discussed the formula used for deriving monetary figures offered for RLP properties. Commissioner Callaham seconded by Cline, moved to approve the Elmer A. Stone, Jr. Rural Legacy Program easement project as presented, to adopt an Ordinance approving the easement purchase, and to authorize the execution of all necessary documentation to finalize the acquisition. The motion passed unanimously. (Ordinance No. ORD -2012-40 is located in the County Commissioners' Office) MARYLAND INSTITUTE OF EMERGENCY MEDICAL SERVICES SYSTEMS MATCHING FUND GRANT Kevin Lewis, Director, Emergency Services, requested acceptance of a Maryland Institute of Emergency Medical Services Systems (MIEMSS) matching fund grant of $16,125.00. Mr. Lewis advised that MIEMSS offers a matching grant program on an annual basis for cardiac defibrillators to all fire, rescue and emergency medical services organizations in the State. The County was awarded matching funding for the purchase of one LifePak 15 monitor/defibrillator. He indicated that acceptance of the matching funds reduces the cost of the project by 50% to the Department of Emergency Services' current operating budget. Commissioner Barr, seconded by McKinley, moved to authorize the execution of the required documentation and accept a MIEMSS Matching Fund Grant of $16,125.00 as presented. The motion passed unanimously. 2012 SALARY STUDY COMMISSION RECOMMENDATIONS (cont.) The Commissioners continued a discussion of salary recommendations by the Salary Study Commission (SSC) for the positions of Board of Education, Board of License Commissioners and Orphans' Court Judges. The Commissioners reached a consensus to adopt the recommendations put forth by the SSC for the Board of License Commissioners and Orphans' Court Judges, and to wait until receiving comments from current Board of Education members before making a recommendation on that position. INSURANCE RENEWAL — WASHINGTON COUNTY FIRE AND RESCUE COMPANIES. COMMERCIAL PROPERTY. AUTO AND CASUALTY AND WORKERS COMPENSATION COVERAGES Becky Maginnis, Risk Management Administrator, and Ed Seward of CBIZ Insurance Services, Inc., recommended placement of the County's excess workers' compensation insurance coverage with Selective Insurance Company (Selective) for the renewal quote of $571,402.00 for the commercial property, auto and casualty package, and an $801,513.00 premium for renewal of the workers compensation coverage for volunteers. Ms. Maginnis indicated that coverage options and policy non -renewals, along with premium increases, are occurring in the industry. CBIZ negotiated with Selective to reduce its workers compensation premium from an initial quote of $848,974.00. The commercial package policy was negotiated successfully from an initial $609,093.00 to $571,402.00. In total, December 18, 2012 Page 8 $99,122.00 remains over the Fiscal Year 2013 budget. Total premium payments for FY2013 will be $1,227,546.00 representing a 10.3% increase over the FY2013 budget. The Commissioners discussed the matter with Ms. Maginnis and Mr. Seward. Commissioner McKinley, seconded by Cline, moved to accept the Selective Insurance Company renewal quote of $571,402.00 for renewal of the commercial property, auto and casualty package and an $801,513.00 premium for renewal of the workers compensation coverage for volunteers as stated in the Agenda Report form. The motion passed unanimously. CONTRIBUTION TO WASHINGTON COUNTY COMMUNITY LOBBYING COALITION John Latimer, IV, Chair of the Government Affairs Committee, Hagerstown -Washington County Chamber of Commerce, discussed the Washington County Community Lobbying Coalition (Coalition) and its past effectiveness of hiring a lobbyist for issues that directly affect Washington County. He indicated that Coalition members are comprised of the City of Hagerstown, Hagerstown/Washington County Convention and Visitors' Bureau, Washington County Government, Washington County Chamber of Commerce, Hagerstown/Washington County Industrial Foundation (CHIEF), Greater Hagerstown Committee, Washington County Free Library, and Washington County Board of Education. Mr. Latimer discussed several occurrences of the early warning of legislative threats to the community provided by the Coalition in past years. He provided details of a planned evening trade show/reception sponsored by the Coalition to be held in Annapolis highlighting Washington County businesses and services to General Assembly members. Mr. Latimer requested a $10,000.00 contribution from the County to help fund a lobbyist among Coalition partners. The Commissioners discussed the request. Commissioner Barr, seconded by McKinley, moved to approve a $10,000.00 contribution to the Washington County Lobbying Coalition for 2013. The motion passed with Commissioners Barr, McKinley, and Callaham voting "AYE" and Commissioners Cline and Baker "NO." SUSTAINABLE GROWTH AND AGRICULTURE PRESERVATION ACT TIERS DESIGNATION MAP WITH AMENDMENTS AND AMENDMENT OF MINOR SUBDIVISION DEFINITION Stephen Goodrich, Director, and Jill Baker, Chief Planner, Planning and Zoning, discussed recent information on the Sustainable Growth and Agricultural Preservation Act Tiers map and the amendment of a minor subdivision definition. Mr. Goodrich referred to a consensus reached among the Commissioners during their December 11, 2012 meeting to adjust the Tiers map prior to its adoption. Ms. Baker updated the Commissioners on the status of other Maryland counties' adoption of tier maps, stating that five counties had adopted a plan thus far and others are discussing various alternatives. The bill requires the counties to adopt their own tier maps by December 31, 2012 or lose the ability to approve major subdivisions (those with more than seven lots) with septic systems. Ms. Baker stated December 18, 2012 Page 9 that Countywide in rural areas only, approximately 34,000-35,000 development rights are now available (Tiers 2, 3, 4 in rural areas out of designated growth areas.) Should the County not comply, the number of development rights would drop to approximately 17,000-18,000. Mr. Goodrich recommended that the Commissioners adopt a Subdivision Ordinance amendment regardless of the Tier mapping, so that the amendment will increase the number of allowable lots from five to seven. Commissioner Cline seconded by McKinley, moved to adopt an Ordinance to Amend the Text of the Washington County Subdivision Ordinance as presented. The motion passed unanimously. (ORD No. SO -12-41 is located in the County Commissioners' Office.) The Commissioners discussed the proposal and the ramifications of not approving a plan by the deadline. Commissioner Barr expressed his frustration that the County's legislators have not taken a stand on the matter and indicated that perhaps collaboration among counties was necessary. He also suggested that legislators push to extend the compliance deadline until the end of the legislative session on April 8. Commissioner Callaham stated that two sessions on sustainable growth would be held during the Maryland Association of Counties' Winter Conference in early January 2013 and perhaps pertinent questions can be circulated beforehand to be posed during the meeting. It was the consensus of the Commissioners to take no action regarding adoption of the Tier maps at this time and to wait until the end of the legislative session to see what transpires regarding what action the County can take to facilitate change. CONVENE IN CLOSED SESSION Commissioner Barr, seconded by McKinley, moved to convene in closed session at 12:21 p.m. to discuss the appointment, employment, assignment, promotion, compensation, and/or performance evaluation of appointees, employees, or officials over whom this public body had jurisdiction; and to discuss any other personnel matter that affects one or more specific individuals; in accordance with Section 10-508 (1) of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed the potential appointment of an individual to a County board. During closed session, the Commissioners instructed Staff to place the potential appointment on a future open session agenda for further discussion and consideration. 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 Murray, County Administrator; Vicki Lumm, County Clerk; John M. Martirano, County Attorney; Sarah Sprecher, Assistant County Administrator; and at various times, Jim Sterling, Director, Parks and Facilities. December 18, 2012 Page 10 ADJOURNMENT Commissioner Cline seconded by McKinley, moved to adjourn at 12:31 p.m. The motion passed unanimously. Gregory B. rray, Conn Administrator 19 John M. Martirano, Co Attorney Vicki C. Lumm, County Clerk