LANCASTER COUNTY COMMISSIONERS’ MEETING WEDNESDAY, MAY 2, 2012 The Board of County Commissioners met today in their weekly Commissioners’ Meeting. Present at today’s meeting were: Scott F. Martin, Chairman Dennis P. Stuckey, Vice Chairman Craig E. Lehman BOARD OF COUNTY COMMISSIONERS Andrea M. McCue CHIEF CLERK Crystal Clark, Esquire COUNTY SOLICITOR Others present were: Dan Bachman, Athletic Director SOLANCO HIGH SCHOOL Tim Brown, Chairman LONG TERM RECOVERY COMMITTEE James Cowhey, Executive Director PLANNING COMMISSION Charles Douts, Director FACILITIES MANAGEMENT Randy Gockley, Coordinator EMERGENCY MANAGEMENT AGENCY Dave Haines, FATHER OF THOMAS HAINES Thomas Haines, Student SOLANCO HIGH SCHOOL Eunice Haynes, MOTHER OF TIMMY HAYNES Timmy Haynes, Player CHALLENGER LITTLE LEAGUE SENIORS TEAM Dave Hoglund, Project Manager RETTEW Matt Knepper, Director AGRICULTURAL PRESERVE BOARD James Laughman, Executive Director MENTAL HEALTH/MENTAL RETARDATION/EARLY INTERVENTION PROGRAM David Mueller, Director JUVENILE PROBATION OFFICE Dave Royer, Director for Transportation Planning PLANNING COMMISSION Mike Tafelski, Commissioner CHALLENGER LITTLE LEAGUE OF LANCASTER COUNTY Mike Weaver, Director COUNTY-WIDE COMMUNICATIONS Commissioner Martin called the meeting to order at 9:17 a.m. followed by the Pledge of Allegiance. -Continued- -2- County Commissioners’ Meeting Minutes Wednesday, May 2, 2012 Commissioner Martin announced the approval of April 11, 2012 Commissioners’ Meeting Minutes and the postponement of approval of the April 4, 2012 Commissioners’ Meeting Minutes and the April 18, 2012 Commissioners’ Meeting Minutes. Presentation of Proclamation – Challenger Little League of Lancaster County Commissioner Stuckey presented a Proclamation to honor the Challenger Little League of Lancaster County. Mike Tafelski thanked the Board of Commissioners for the recognition. Mike Tafelski also stated that it is a wonderful honor to be recognized for the opportunity to allow so many children to be able to play baseball. Mike Tafelski added that 150 to 175 children with a variety of special needs are given a chance to play baseball and it is a pure joy to witness. Timmy Haynes presented the Board of Commissioners with a Challenger Little League buddy hat. Commissioner Stuckey thanked Timmy Haynes for the hat and continued to state that it has been many years since he played baseball however, it was an enjoyable experience and he is proud to wear the baseball cap in honor of the Challenger Little League. Commissioner Lehman stated that beyond anything else this organization lets kids be kids and it makes a difference in their lives and he congratulated Mike Tafelski for his work. Commissioner Martin stated that he is honored to recognize the Challenger Little League as well and he is thankful that the community has opportunities such as this. Presentation of Letter of Commendation to Thomas Haines, 2012 PIAA Class AAA State Wrestling Champion Commissioner Martin presented a Letter of Commendation to Thomas Haines in recognition of being named the 2012 PIAA Class AAA State Wrestling Champion. Commissioner Lehman stated that Thomas Haines should be very proud of all of his accomplishments and that he is convinced that his early success will lead to future success. Commissioner Stuckey stated that it is no small task to win a state wrestling championship, the level of mental toughness, dedication, and maturity that is needed to win two state titles in a row is outstanding. Commissioner Martin stated that he heard that Thomas Haines was the first freshman in the State of Pennsylvania to win the state championship who was not in the 103 pound weight class. Commissioner Martin continued to state that the amount of success Thomas has had is truly amazing and he should be very proud. RESOLUTION NO. 35 OF 2012 On motion of Commissioner Stuckey, seconded by Commissioner Lehman; BE IT RESOLVED By the Board of Commissioners of Lancaster County, Pennsylvania to authorize the approval and execution of the Master Reimbursement Agreement with the Commonwealth of Pennsylvania, Department of Transportation, and the County of Lancaster, acting on behalf of the Lancaster County Planning Commission, for funding for the development of transportation projects and transportation related projects pursuant to the terms and conditions set forth in the Master Reimbursement Agreement, for a total amount not to exceed five million dollars ($5,000,000.00). The term of this agreement shall be for five years from the execution date, and may be extended by letter amendment for single or multi-year extensions, but the term shall not continue for more than ten years from the execution date. Motion passed unanimously. RESOLUTION NO. 36 OF 2012 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF LANCASTER COUNTY URGING THE PENNSYLVANIA GENERAL ASSEMBLY TO ELIMINATE OR AMEND THE STATE PREVAILING WAGE ACT 442 OF 1961 On motion of Commissioner Martin, seconded by Commissioner Stuckey; WHEREAS , The Pennsylvania Prevailing Wage Act requires that workers on public construction, reconstruction, demolition, alteration and/or repair projects with an estimated cost greater than $25,000, which has not been adjusted since 1960, be paid a wage set by the Secretary of Labor and Industry rather than local market rates; and WHEREAS , The prevailing wage rates set by the Secretary of Labor and Industry are generally 10 to 30 percent higher than local market labor rates; and WHEREAS , Current state law and regulations that determine prevailing wage rates are fundamentally vague and often favor collective bargaining agreements and union wages, which skews rates unnecessarily higher than they otherwise would have been if determined under alternative means; and -Continued- -3- County Commissioners’ Meeting Minutes Wednesday, May 2, 2012 RESOLUTION NO. 36 OF 2012 - Cont’d – WHEREAS , Local contractors often choose to not bid on prevailing wage projects due to the administrative and financial overhead required crippling local governments from participating in the free market and ultimately prohibiting local taxpayers from receiving the lowest prices; and WHEREAS , Counties across the Commonwealth, including the County of Lancaster, are finding it financially challenging to just keep up with general maintenance and repairs and adding 10 – 30 percent prevailing wage cost results in a tremendous and unnecessary burden on local government entities; and WHEREAS , The cost and burden of these artificially inflated wages are borne by taxpayers in the form of higher construction costs and higher taxes than would otherwise be necessary; and WHEREAS , It is estimated that the County of Lancaster would save over 3 million tax dollars on current projects if the Prevailing Wage Act was not in place; and WHEREAS , The County Commissioners Association of Pennsylvania (CCAP) supports relief from Prevailing Wage Act requirements, including increasing the threshold for prevailing wage projects or allowing a local option. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF LANCASTER COUNTY, PENNSYLVNAIA To urge members of the General Assembly to support any proposal that would offer relief to Pennsylvania’s local governments and taxpayers from the burdens of the Prevailing Wage Act either through its elimination or at minimum by increasing the threshold to reflect current local market rates. Commissioner Martin stated that there has been a lot of focus in tough economic times about how government spends its money and he has been involved with many different entities that have had these discussions, first and foremost, a motion that was recently passed by the MPO which talks about fixing the transportation funding system but also addressing the prevailing wage portion and excessive regulations that occur with limiting how we can use our transportation dollars. Commissioner Martin continued to state that he is also fortunate enough to serve on the Governor’s Local Government Advisory Commission with other supervisors, council members, mayors, and many others and of the top four issued named the prevailing wage is probably the top one that needs to be changed in order to make dollars go farther. Commissioner Martin added that this interference in free markets leads to excessive costs and diminishes our capacity to get more projects done and there are municipalities and counties across the Commonwealth that are asking legislation to take some action even if it is to adjust the minimum cap which has not changed in over 40 years from $25,000 to $185,000 and he is happy to support this resolution. Commissioner Stuckey stated that his experiences on Lititz Borough Council felt hamstrung by the restrictions and it is time for something to be done, at the very minimum to raise the level to $185,000. Commissioner Stuckey added that prevailing wages have raised the cost to taxpayers in his opinion and a change needs to be made. Commissioner Lehman stated that over the years, the public has been misinformed about prevailing wage. It has been oversimplified into an anti-union versus pro-union issue and evolved into a litmus test for many partisans on both sides. Those opposed to prevailing wage question why government cannot operate like the private sector and why public sector construction must pay prevailing wage while private sector construction does not. Simply put: Government does not operate within the same rules as the private sector. By law, public sector entities must select the lowest responsible bidder in a competitively bid process. While this is an important law that protects against favoritism and the potential for financial kick- backs, low bid laws skew the market and can create a “race to the bottom”, incentivizing the use of under-skilled and unskilled workers in order to produce the lowest possible bid at the expense of project quality. The everyday consumer clearly understands that as price drops quality suffers. Competitive, low bid laws coupled with prevailing wage prevent the race to the bottom while protecting project quality and ensuring competition at the same time. Together these rules provide necessary checks and balances in public construction projects to ensure that the public is protected.