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HomeMy WebLinkAbout040323 March 23, 2004 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:30 a.m. by President Gregory I. Snook with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – MARCH 15 & 16, 2004 Motion made by Commissioner Wivell, seconded by Nipps, to approve the minutes of March 15 and 16, 2004, as amended. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employees Brenda Newton, Marilyn Harris, and Gregory Patterson (Sheriff’s Department), Daniel Baker and Christi Line (Highway Department), John Dunlap (State’s Attorney’s Office), and Chris Turner (Permits & Inspections). The Commissioners welcomed the new employees and wished them well in their new positions. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval informed the Commissioners of a telephone call he received from a citizen requesting a waiver from the Adequate Public Facilities Ordinance (APFO) fees. After discussing the circumstances, it was the consensus to have Steve Goodrich, Interim Planning Director, provide an update on the situation so that they can make a determination. Commissioner Wivell reviewed a bus replacement schedule proposed by the Board of Education to level out the number of buses purchased each year at 10. The Commissioners discussed the information and the options proposed by the Board. Commissioner Wivell stated that he attended the public meeting sponsored by the Board of Education to discuss the increase in the school facilities fees. He informed the Commissioners that he attended the Maryland Municipal League meeting. Commissioner Munson reported on the Agricultural Education Center meeting and provided an update on the property adjacent to the Ag Center that they would like to obtain from the University of Maryland. Commissioner Nipps reported on the Airport Commission meeting and distributed information she received on the economic impact of the runway extension and jet fuel prices in the region. She stated that she attended the Facilities Use Fee meeting held by the Board of Education. Commissioner Nipps reminded the Commissioners that the groundbreaking for the runway extension is scheduled for April 16 and stated that Governor Ehrlich would attend. She stated that the Habitat for Humanity fundraiser raised $40,000 for the program. Commissioner Snook stated that the Maryland Correctional Institution would probably have additional work release crews available for the County later this year. He stated that he received a call from a gentleman who lives on Maugans Avenue regarding television interference in his area. The call will be referred to the Federal Communications Commission, which has sole jurisdiction over such matters. Commissioner Snook reported on the Transportation Advisory Committee meeting. He read a proclamation from Governor Ehrlich proclaiming Maryland th Day on March 25, 2004, which is the 375 anniversary of the founding of Maryland. He then provided housing statistics for the month of February and indicated that the average cost of a home in Washington County was $180,000. The number of housing units sold during the month was up 24%. Commissioner Snook stated that the Exchange Clubs would be sponsoring the “Healing Fields” program at the Antietam National Battlefield Park on July 1 to honor those who lost their lives in the 9/11 terrorist attacks. The Commissioners discussed revisions to House Bill 1251 regarding the PenMar Development Corporation. Richard Douglas, County Attorney, MARCH 23, 2004 PAGE TWO outlined the latest version of the bill. After discussion, it was the consensus of the Commissioners to support House Bill 1251 as amended. The Commissioners discussed whether to place speed humps on Hanging Rock Road. Gary Rohrer, Director of Public Works, stated that it is estimated to cost $25,000 for the placement of eight speed humps along the road. He also voiced his concerns about creating a maintenance problem for the Highway Department. The Commissioners asked Mr. Rohrer to do a cost comparison on the various methods available in an attempt to lower the cost. After discussion, it was the consensus of the Commissioners to install the speed humps and asked staff to use their discretion to determine the best material for the project. They asked Mr. Rohrer to continue to monitor the situation. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, informed the Commissioners that he testified last week regarding highway funding legislation. He was also present for the hearing on House Bill 1210, the County’s adequate public facilities bill. He stated that it appears that the bill has been approved by the House with amendments . He indicated that he is attempting to get additional information on the pavement management system. Mr. Rohrer stated that he learned that the House of Delegates narrowly passed the transportation funding bill. David Hankinson, Director of Public Works, asked the Commissioners to consider a request made by the Highway Department to fill a vacancy for a Motor Equipment Operator I position. The Commissioners agreed to take the request under consideration at this time. Petra Stambaugh, Project Manager for the PeopleSoft upgrade, provided the Commissioners with a progress report. She indicated that they hope to implement the utility billing in June. John Martirano, Deputy County Attorney, asked the Commissioners to authorize the County Administrator and Human Resources Director to execute general agreements relating to the employees’ pension plan with M&T Bank. The Commissioners approved this request. BUDGET PRESENTATION - WASHINGTON COUNTY VOLUNTEER FIRE & RESCUE ASSOCIATION Jay Grimes and Rick Hemphill, representing the Washington County Volunteer Fire & Rescue Association (WCVFRA), and Joe Kroboth, Director of Emergency Services presented the FY 2005 budget request for the WCVFRA. Mr. Kroboth introduced members of the WCVFRA who attended. Mr. Grimes provided the Commissioners with statistics for 2003. Mr. Hemphill stated that the total request is $1,538,457. He also provided information on LOSAP statistics and stated that the program is working well and doing what it was intended to do. Mr. Grimes emphasized the need to begin searching for land for a training center. Tom Altman, WCVFRA President, informed the Commissioners that emergency medical service companies are experiencing problems with staffing and that they are losing people to Frederick County. Mr. Grimes stated that they are requesting to institute a maintenance program for emergency vehicles. He also outlined a one-time request of $57,500 to establish a Rapid Intervention Team. The meeting was then opened for questions from the Commissioners. BUDGET PRESENTATION – SHERIFF’S DEPARTMENT Sheriff Charles Mades, Captain Doug Mullendore, Lt. Randy Wilkinson, and Lt. Van Evans presented the FY 2005 Sheriff's Department budget as follows: Judicial - $992,500; Patrol Division - $5,312,738; and Detention Center - $7,580,290. Also presented was the Narcotics Task Force budget request of $412,670. They each reviewed significant changes requested in the FY 2005 budget. Lt. Mullendore stated that they have been working with Budget & Finance to reduce the request. Sheriff Mades informed the Commissioners that they were recently asked by the District Court to consider processing and serving paperwork for them. He indicated that they were in the process of negotiating fees, but that they are still collecting information on whether it would be feasible. Sheriff Mades MARCH 23, 2004 PAGE THREE noted that it would require two additional positions that are not currently requested in the budget. CITIZENS’ PARTICIPATION There was no one present who wished to participate. CONVENE AS BOARD OF HEALTH AND PRESENTATION OF HEALTH DEPARTMENT BUDGET REQUEST Motion made by Commissioner Munson, seconded by Nipps, to convene as the Board of Health at 10:54 a.m. Unanimously approved. William Christoffel, Health Officer, introduced Tom Pianta, Chair of the Advisory Commission to the Board of Health, and the Health Department management team. Mr. Pianta stated that a recent survey found that school health services are the best way to address health issues and that the Health Department has made it a priority. Mr. Christoffel informed the Commissioners that the teen birth rate continues to increase in Washington County and needs to be addressed. He also noted that Hepatitis C cases are on the rise and that the Health Department hopes to establish a clinic in the County in the near future. Mr. Christoffel stated that the Environmental Health Division is recommending that the fees be increased for septic and well cap inspections. They would also like to institute a fee of $50 for commercial open burning permits. Mr. Christoffel requested that the Commissioners schedule a public hearing for comments regarding these issues. The Commissioners agreed to hold a public hearing on these recommendations. Mr. Christoffel presented the fiscal year 2005 budget request of $3,747,958 for the County’s share of their total budget. He stated that it is a $150,000 increase in last year’s budget. Mr. Christoffel then reviewed significant changes requested in the budget. He informed the Commissioners that the increases in wages are mandated by the State. BUDGET REQUEST – DEPARTMENT OF SOCIAL SERVICES Michael Zampelli, Chairperson of the Board of Social Services and David Engle, Director of the Department of Social Services (DSS), met with the Commissioners to present the fiscal year 2005 budget request of $154,569 for rental of space for the Family Support Center, $40,059 for Adult Foster Care and $62,970 for the School Family Liaison Program. Board members Nicole Houser, Spence Perry, Nettie Anderson, and Freddie Erath attended and spoke in support of the programs. LOCAL EMERGENCY PLANNING COMMITTEE – HOME CHEMICAL SAFETY AWARDS Commissioner Wivell and Mayor William Breichner presented proclamations to John Bentley and Bill Shawley, representatives of the Local Emergency Planning Committee (LEPC), designating the week of March 21-27, 2004, as Home Chemical Safety Week in Hagerstown and Washington County and commending this observance to all citizens. The Commissioners thanked Verna Brown, Emergency Management Coordinator, for her work with the program. Joe Kroboth, Director of the Emergency Services Department, and Verna Brown, Chair of the Educational Committee of the LEPC, stated that eleven elementary schools participated in the program - Salem Avenue, Hickory, Bester, Clear Spring, Emma K. Doub, Lincolnshire, Maugansville, Old Forge, Sharpsburg, Winter Street, and Boonsboro. Mr. Kroboth outlined the program curriculum. Ms. Brown informed the Commissioners that the Washington County Volunteer Fire & Rescue Association provided lunch for all of the contestants. They also expressed appreciation to all of the local businesses that participated in the event. Commissioner Snook presented awards to the winners of the Home Chemical Safety poster contest. The first place winner was Jessica Ambrose (Clear Spring Elementary), the second place winner was Lynsey Miller (Boonsboro Elementary), and the third place winner was Taylor Rockwell (Paramount Elementary). The winners received U.S. Savings Bonds from the Washington MARCH 23, 2004 PAGE FOUR County Volunteer Fire & Rescue Association, gift certificates, and backpacks containing gifts from local businesses. All three of the winning schools will receive pizza parties for their fourth grade classes. Ms. Brown thanked the local businesses that helped sponsored the event. RECESS – LUNCHEON & BUDGET PRESENTATIONAT WASHINGTON COUNTY FREE LIBRARY The Commissioners recessed at 11:47 a.m. to attend a luncheon at the Washington County Free Library. Mary Baykan, Executive Director, provided information on the history of the library, and its mission and vision statements. Suzanne Downey-Hayes, Treasurer of the Board, made the fiscal year 2005 budget presentation for the Library. Ms. Hayes requested county funding of $1,838,929. AFTERNOON SESSION The afternoon session was called to order at 1:41 p.m. by President Gregory I. Snook, with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. BUDGET PRESENTATIONS - COMMISSION ON AGING Dr. Fred Otto, Director of the Commission on Aging, and Paul Swartz, Vice-President of the Board of Directors, presented the fiscal year 2005 budget request for the Commission on Aging. Dr. Otto and his staff introduced themselves and provided information on the programs provided by the Commission and reviewed a copy of the annual report. Linn Hendershot, City Councilman and Commission on Aging Board member, presented a profile and statistics regarding senior citizens in Washington County. Mr. Swartz asked the Commissioners to attempt to fully fund the budget request. Mr. Otto requested county funding of $482,768 for FY 2005 and highlighted the major changes in the budget. The Commissioners thanked the staff and interested citizens for attending the presentation. BASIC EMERGENCY OPERATIONS PLAN Joe Kroboth, Director of Emergency Services, presented the Commissioners with a copy of the Basic Emergency Operations Plan (EOP). He stated that the Department has completed a comprehensive revision to the EOP, which will provide the framework for entities to respond to and recover from public emergencies, to unify efforts, to establish concepts and policies during the time of an emergency, set forth lines of authority, and describe the roles and responsibilities of the groups involved. Mr. Kroboth reviewed the Plan and noted that this is the first revision to the basic plan since 1991. He stated that they would allow three weeks for public comment. Mr. Kroboth indicated that he would schedule time on the April 13 agenda to seek the Board’s approval and adoption for the revised Plan. The meeting was then opened for questions from the Commissioners. YOUTH OF THE MONTH AWARDS: DECEMBER 2003 – FEBRUARY 2004 Commissioner Nipps presented a Certificates of Merit to Aaron Mills in recognition of his selection as the December 2003 Youth of the Month, Commissioner Kercheval presented a Certificate of Merit to Amber Morris as the January 2004 Youth of the Month, and Commissioner Munson presented a Certificate of Merit to Derek Reichard as February 2004 Youth of the Month, as recommended by the Washington County Community Partnership for Children & Families (WCCP). The Commissioners commended them for their leadership, academic and extra-curricular activities. Commissioner Snook stated that each of the students would also receive a $50 savings bond from the WCCP. PUBLIC HEARING – AGRICULTURAL LAND PRESERVATION DISTRICT The Commissioners convened a public hearing to consider applications AD-03-004, AD-03-006, and AD-03-007 for ten-year agricultural preservation districts. Eric Seifarth, Farmland Preservation Planner, reviewed the applications and provided information regarding the program. He stated that they have been approved by the Agricultural Land Preservation Advisory Board and that the Planning Commission has found that granting the applications would be consistentwith the Comprehensive Plan. The MARCH 23, 2004 PAGE FIVE hearing was then opened for public comment. There was no one present who wished to speak. Motion made by Commissioner Munson, seconded by Nipps, to approve applications AD-03-004 (submitted by Bowman Farms, LLC), AD-03-006 (submitted by David and Linda Shank), and AD-03-007 (submitted by Harold and Sharon Carbaugh), for 10-year agricultural land preservation districts as presented. Unanimously approved. RESOLUTION – TRANSITION POLICY FOR ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) Richard Douglas, County Attorney, outlined a transition policy for the amendments to Article V of the APFO that were adopted by the Commissioners on December 16, 2003 (the “Amendments”). The policy states that: 1) The Amendments shall not apply to any development or proposed development in Washington County with respect to which a preliminary plat was formally approved prior to July 1, 2003; 2) The Amendments shall not apply to any development or proposed development in Washington County with respect to which a final plat was formally approved prior to January 1, 2004; 3) Owners of developments with five lots or fewer applied for but not approved prior to January 1, 2004, may pay fees at the building permit application stage; and 4) The resolution shall be effective retroactively to January 1, 2004. The Commissioners discussed the policy and asked that it be placed on the agenda next week for their consideration. Motion made by Commissioner Nipps, seconded by Munson, to approve paragraph one of the Transition Policy for Article V – Schools of the Adequate Public Facilities Ordinance, providing that the Amendments shall not apply to any development in Washington County with respect or proposed development to which a preliminary plat was formally approved prior to July 1, 2003. Motion carried with Commissioners Nipps, Munson, Kercheval and Snook voting “AYE” and Commissioner Wivell voting “NO.” IMPACT OF PROPOSED ZONING REGULATONS ON RURAL BUSINESSES William Sprague, Director of Permits & Inspections, and Fred Frederick, Frederick Seibert & Associates, Inc., met with the Commissioners to discuss the impact of proposed zoning regulations on new rural businesses. Mr. Sprague informed the Commissioners that a several prospective businesses are concerned that there are no assurances under the proposed zoning regulations that rural businesses would be grandfathered into the new zoning regulations or would be accorded the right to expand their businesses. Mr. Frederick stated that he currently has two clients who wish to purchase property for new business ventures. The properties are currently principally permitted uses at their respective locations, but the owners were informed that the Commissioners might not grandfather those projects in the site plan process once the new zoning regulations are approved, and they are reluctant to proceed. Commissioner Kercheval stated that the new proposal is being interpreted in a much stricter manner than it was meant to be. He indicated that the Commissioners were attempting to find a way to permit rural businesses to expand and balance the impact on the surrounding neighborhood in the event the business expansion proposes a significant change in the use. The Commissioners discussed the matter and agreed that a date should be established for businesses to be grandfathered. They requested that staff provide them with a recommendation for their consideration. Commissioner Nipps stated that this was one of the charges given to the Rural Zoning Task Force and she feels the Commissioners should wait for their recommendation before making a decision. The Commissioners decided to take this matter under consideration and agreed that they may have to enact a transition policy. They asked that this item be placed on the agenda for consideration on April 13. REVISIONS TO ENFORCEMENT OF BUILDING EXCISE TAX COLLECTION Mr. Sprague stated that the Permits & Inspections Department has received appeals from two purchasers of mobile homes requesting relief from the provisions of the Building Excise Tax Ordinance. The current enforcement MARCH 23, 2004 PAGE SIX and collection was based on an administrative interpretation of the Ordinance that assesses mobile homes at the $1.00 per square foot rate applicable to multifamily dwellings rather than the $.25 per square foot rate charged other single-family dwellings. Mr. Sprague stated that mobile homes are treated as single- family dwellings under the Zoning Ordinance. He asked for guidance on how to administer the Ordinance. The Commissioners discussed the matter and agreed that mobile homes should be assessed at the same rate as single-family dwellings. Motion made by Commissioner Munson, seconded by Wivell, to assess mobile homes as single-family dwellings for enforcement and collection of the building excise tax and to refund any overpayments made for those who paid at the multifamily rate, retroactive to the original effective date of the Building Excise Tax Ordinance. Unanimously approved. DISCUSSION OF ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) REVISIONS The Commissioners discussed the recently adopted revisions to Article V – Schools of the APFO. The Commissioners considered options to amend the language, including amendments to Section 5.5 – Residential Building Permit Approval, to give the County the flexibility to stop the issuance of building permits once school capacity reaches either 85% of the State rated capacity in the case of elementary schools or 100% of State rated capacity in the case of middle and high schools. They also considered whether to include language to limit the number of permits being issued once these capacities are reached. Commissioner Wivell asked the County Attorney if the existing language in the APFO is clear regarding the authority of the Board of County Commissioners or if it needs to be clarified in the event of legal challenges. Mr. Douglas readSection 5.5.2 that outlines the Commissioners’ authority to limit or suspend building permits in a school district if it became necessary. Mr. Douglas stated that the language is clear and is preserved in the amendments. The Commissioners discussed Article V and directed Mr. Douglas to research the issue and give his interpretation on whether further language is needed in the Ordinance to clarify the Commissioners’ ability to limit building permits until appropriate school capacity is in place. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Wivell, to convene in closed session at 4:19 p.m. to consult with staff or other individuals about pending or potential litigation, consult with counsel to obtain legal advice and consider matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State, and collective bargaining issues, all in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Nipps, seconded by Munson, to reconvene in open session at 4:32 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on three (3) matters, consulted with staff about potential litigation, and considered matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present at various times were Rodney Shoop, County Administrator; Richard Douglas, County Attorney; Joni Bittner, County Clerk; and John Martirano, Deputy County Attorney. RECESS The Commissioners recessed at 4:32 p.m. FISCAL YEAR 2004 BOARD OF EDUCATION BUDGET HEARING The evening session was called to order at 7:00 p.m. at Kepler Theater at Hagerstown Community College by President Gregory I. Snook, with the MARCH 23, 2004 PAGE SEVEN following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present were Board of Education members Bernadette Wagner, Edward Forrest, Roxanne Ober, Paul Bailey, Jacqueline Fischer, and Russell Williams. Roxanne Ober, Chairperson of the Finance Committee, reviewed the accomplishments of the recent school year. William Blum, Chief Operating Officer, outlined the Master Plan adopted by the Board of Education. Mr. Blum stated that the Board of Education's total budget request for fiscal year 2005 for county funding is $78,728,806 and $4,722,338 incremental funding. Following the presentation, the meeting was opened for questions and comments from the County Commissioners. The meeting was then opened for comments from the public. After hearing all comments, the meeting was adjourned at 8:30 p.m. , County Administrator , County Attorney Clerk ,