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HomeMy WebLinkAbout040330 March 30, 2004 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 10:00 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. BID AWARD & BUDGET TRANSFER – FORTY WEST LANDFILL WETLAND MITIGATION PROJECT Motion made by Commissioner Nipps, seconded by Kercheval, to award the contact for wetland mitigation at the Forty West Landfill to East Coast Green, Inc., which submitted the low responsive, responsible bid of $110,614.55, and to approve a budget transfer of $50,000 from Cell #3 – Forty West project (Account 31 21010 LDI015) to cover the budget shortfall. Unanimously approved. GRANT APPLICATION APPROVAL – DIVISION OF PAROLE & PROBATION Motion made by Commissioner Wivell, seconded by Nipps, to approve submission of a grant application to the Division of Parole & Probation for $30,950 for the salary of the Work Crew Supervisor in the Alternative Sanctions Office. Unanimously approved. COMMUNITY HOUSING RESOURCES – FUNDING REQUEST FOR FY 2004-2005 Patricia McMillan, R. Lee Downey, and Joe Kuhna, representing the Community Housing Resources Board (CHRB), appeared before the Commissioners to request a $30,000 general fund contribution to replace a shortfall in City of Hagerstown Community Development Block Grant (CDBG) funding. Mr. Downey and Ms. McMillan provided an overview of Community Housing Resources and its mission and programs. Ms. McMillan stated that the City is providing $108,000 in CDBG funds and that they would be requesting an additional $19,000 in City general fund revenue. She informed the Commissioners that there would be a reduction in homebuyer education and counseling services if CHRB cannot obtain additional funding. The meeting was then opened for questions from the Commissioners. Mr. Kuhna informed the Commissioners that he would pursue State funding from other programs. He explained how the Revolving Loan Fund operates and stated that there might be a portion of revenue from this program that could be contributed to CHRB. The Commissioners requested additional information on CHRB’s 2004 budget and asked them to pursue alternative State subsidy before making a commitment on funding. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION Motion made by Commissioner Kercheval, seconded by Nipps, to approve submission of an application to the Maryland Department of Housing & Community Development by Community Action Council for CDBG funding of $30,000 to be used to expand the first time homebuyers counseling and loan packaging program and to implement a computerized Homeless Management Information System. Unanimously approved. PROPOSED MODIFICATIONS TO THE ADEQUATE PUBLIC FACILITIES ORDINANCE TRANSPORTATION FEES Tim Troxell, Director of the Economic Development Commission (EDC), met with the Commissioners to continue discussions on proposed modifications to the Adequate Public Facilities Ordinance (APFO) transportation fees by creating a varying fee schedule. Mr. Troxell reviewed the recommendation that was developed jointly by representatives of EDC and the Public Works Division. The proposal would apply “decimal multipliers” to the current fees on four basic industries. This schedule was presented to the Commissioners at the February 24 meeting. Mr. Troxell reviewed the decimal multiplier fee schedule: residential and retail (1.0), warehouse/distribution center (.75), industrial/manufacturing (.5), and office (.25). The varying fee schedule would assist businesses with projects they are considering developing in the County. Mr. Troxell recommended implementing the schedule with a review in six months regarding how the plan is working. The meeting was then opened for questions and discussion. Commissioner Kercheval expressed concerns with the multiplier assigned to the retail MARCH 30, 2004 PAGE TWO classification. The Commissioners discussed their views and concerns and agreed that they need to make a decision on this issue since there are developers waiting to proceed. Motion made by Commissioner Munson, seconded by Wivell, to adopt the proposed modifications to the Adequate Public Facilities Ordinance Transportation fees as recommended by the Economic Development Commission, and enact the following decimal multiplier fee schedule: residential and retail (1.0), warehouse/distribution center (.75), industrial/manufacturing (.5), and office (.25), with the stipulation that it be reviewed and evaluated in one year. The Commissioners then held further discussion on the motion. Motion made by Commissioner Munson, seconded by Wivell, to amend the main motion to approve only the multiplier fee schedule for the office category (.25). They directed staff to present a recommendation on the other categories in 30 days. The main motion, as amended, was unanimously approved. ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) – TRANSITION POLICY Richard Douglas, County Attorney, reviewed the APFO Transition Policy, which was presented at last week’s meeting for the Commissioners’ consideration. He stated that paragraph one was adopted last week for consistency with the amendment to Section 2 of House Bill 1210 entitled “Washington County – Adequate Public Facilities.” Mr. Douglas indicated that the policy would bring together into one document a number of transitional rules enacted by the Commissioners at different times. He stated that it would also clarify the process and help to make a smooth transition. The Commissioners then discussed the policy as submitted. Mr. Douglas also indicated that, since the Article V amendments were adopted on December 16, 2003, the County had addressed a potential procedural irregularity by conferring with each of the municipalities concerning the APFO. In addition to consolidating all of the transitional rules into one place, paragraph one of the APFO Transition Policy also repeals and reenacts the APFO in its entirety, including the Amendments, identical in every respect to that which is hereby repealed. The Transition Policy operates so that the APFO applies retroactively, continuously and without interruption from its original effective date of December 1, 1990. Motion made by Commissioner Munson, seconded by Nipps, to adopt the Adequate Public Facilities Ordinance Transition Policy as presented, which will be reviewed as part of the APFO policy every six months. Motion carried with Commissioners Munson, Nipps, Kercheval, and Snook voting “AYE” and Commissioner Wivell voting “NO.” (A copy of the adopted policy is attached.) RECESS – LUNCH The Commissioners recessed at 11:42 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:02 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. PUBLIC HEARING - MODIFICATION OF WATER & SEWER RATES FOR FY 2005 A public hearing to consider the proposed rates for water and sewer service for FY 2005 was called to order at 1:02 p.m. Greg Murray, Director of the Water Quality Department, reviewed the recommendation for a three-percent revenue increase for all classes of customers in water and sewer funds. He stated that the average residential customer would pay $3.00 more per quarter for sewer service and $3.28 per quarter for water service. Mr. Murray informed the Commissioners that the recommendation is based on the Black & Veatch model. The Commissioners discussed the recommendations and options presented. Mr. Murray informed the Commissioners that the proposed increases in MARCH 30, 2004 PAGE THREE revenue requirements projected originally by Black and Veatch in 1995-96 were in the 9-11 percent per year range. The Department has been able to keep the increases down to 0-3 percent through the efforts of the Commissioners, efficiencies in the Department, and bond refinancings. Mr. Murray also discussed the possible financial effects of anticipated Enhanced Nutrient Removal (ENR) upgrades. Debra Bastian, Director of Finance, provided an update on Maryland Water Quality bond refinancings. She stated that the refinancing would reduce the interest rate from six percent on the current bonds to .85 percent on the Maryland Water Quality bonds and will save millions of dollars for the County. The hearing wasthen opened for public comment. There was no one present who wished to comment. The public hearing was adjourned at 1:18 p.m. Motion made by Commissioner Nipps, seconded by Kercheval, to adopt the resolution modifying the water and sewer rates and allocation fees for fiscal year 2005 as presented at the public hearing for a three percent increase in water rates and a three percent increase in sewer rates. Unanimously approved. (A copy of the approved resolution is attached.) PUBLIC HEARING – AIRPORT ENTERPRISE ZONE REDESIGNATION The Commissioners convened a public hearing at 1:22 p.m. in order to hear comments regarding the submission of an application for the redesignation of the Airport Enterprise Zone. Sonja Hoover, Fiscal/Research Specialist for the Hagerstown-Washington County Economic Development, stated that the Enterprise Zone designation was granted in 1994 and will expire on June 15, 2004, if redesignation is not applied for and granted. She informed the Commissioners that the Enterprise Zone encompasses 700 acres and includes the Hagerstown Regional Airport, Topflight Airpark, Bowman Air Park Center at Hagerstown, Washington County Business Airpark, and several commercial properties along U.S. Route 11. The meeting was then opened for questions from the Commissioners. Ms. Hoover reviewed the criteria to apply for an enterprise zone designation. Commissioner Snook then opened the meeting for public comment. There was no one present who wished to comment. Motion by Commissioner Nipps, seconded by Kercheval, to recommend approval of the application to the Maryland Department of Business and Economic Development for the redesignation of the Airport Enterprise Zone and to approve the Resolution of Support. Unanimously approved. GENERAL FUND BUDGET DISCUSSION Debra Bastian, Director of Finance, met with the Commissioners to review a draft of the FY 2005 General Fund budget. She informed the Commissioners that real and personal property tax revenues are expected to be $80,206,977, income tax and local tax revenues are projected to be $51,528,286, and interest on investments $583,000. The total proposed general fund revenue is projected to be $147,594,363. Ms. Bastian provided an overview of each of the revenue items. She also reviewed the program revenue projections and grants for operations. Ms. Bastian stated that she used a conservative estimate of 4.5% as the growth factor for FY 2005 income tax projections. She also informed the Commissioners that the County is estimated to receive up to $1.4 million in unclaimed income tax revenue from Senate Bill 509 - Fund Transfers Act of 2004. Ms. Bastian recommended that these funds should not be placed into the baseline budget but be used for “one time” expenditures. David Hankinson, Director of Human Resources, reviewed the recommended changes in the health insurance program. He stated that his recommendation for FY 05 is to increase employee co- pays by $5 and to make minimal increases in the prescription program to assist in absorbing rising health insurance costs. Debbie Peyton, Insurance Administrator, also recommended that inpatient rehabilitation services be added to the benefits offered through the insurance package. She estimated that this would cost $41,981. Mr. Hankinson stated that, if the Board approved these recommendations, it would result in a total savings of $97,230. The Commissioners discussed the recommendations. Commissioner Snook asked Mr. Hankinson to investigate the cost per employee to add the patient rehabilitation services benefit. He asked them to consider making this benefit part of the cafeteria plan, which employees could MARCH 30, 2004 PAGE FOUR choose for an additional cost if they wish to have it included in their insurance coverage. The Commissioners then reviewed the revised list of personnel requests and recommendations for new positions. They approved the following requests: Two (2) Senior Office Associates (State’s Attorney’s Office); Part-time (contractual) Tax Clerk (Treasurer’s Office); Gaming Office Inspector (funded through gaming funds); Two (2) Public Communications Officer I (Sheriff’s Department); Three (3) Deputies (Detention Center); Special Ops Fulltime employee (grant funded); 911 Emergency ommunications Specialist; One (1) Zoning Inspector (Permits & Inspections); and Electronics Technician (Water Quality Department). The Commissioners took the EDC Project Coordinator position request under consideration. They agreed to schedule additional time on the agenda to review the reclassification requests. SOLID WASTE PERMIT SYSTEM – BUDGET COST CENTER Robert Davenport, Director of the Solid Waste Department, and Kenneth Conway, Chair of the Solid Waste Advisory Committee, met with the Commissioners to continue discussions regarding the recommendation to make the Solid Waste Department self supporting. Mr. Conway indicated that the full cost account report for municipal waste services shows that there is a shortfall in revenues in the permit fees that would not allow the Solid Waste Department to be self supporting for current and future outlays. He stated that the Committee’s revised recommendation is to increase the cost of a solid waste permit fee from $105 for a regular permit and $75 for a senior permit to $130 for a regular permit and $115 for senior citizens. Mr. Conway explained that implementing the recommendation would eliminate the present revenue shortfall based on the current number of permits. Mr. Conway informed the Commissioners that the Committee also discussed the possibility of utilizing a County-wide pick-up system. The Commissioners discussed the fees and asked them to consider a four-year phase-in of the rate increases. They thanked Mr. Conway for his presentation and for the work the Committee put into its recommendation. Motion made by Commissioner Munson, seconded by Wivell, to approve the following rate increases in solid waste permit system fees for presentation at public hearing: Regular permit – from $105 to $120, Senior Citizens – from $75 to $90, and increase the general refuse fee to $39 per ton. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 4:17 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, 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 Munson, seconded by Wivell, to reconvene in open session at 5:12 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on two (2) 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; John Martirano, Deputy County Attorney; Robert Davenport, Director of the Solid Waste Department; Carolyn Motz, Airport Manager; Greg Larsen, Business Development Manager for the Hagerstown Regional Airport; William Breichner, Mayor of Hagerstown; and Rodney Tissue, City Engineer. MARCH 30, 2004 PAGE FIVE RECESS The Commissioners recessed at 5:12 p.m. EVENING SESSION – COMMUNITY RESCUE SERVICE The Commissioners toured the Community Rescue Service facility at 6:00 p.m. The evening session was convened at 7:00 p.m. at the Community Rescue Service 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 Nipps, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – MARCH 23, 2004 Motion made by Commissioner Munson, seconded by Nipps, to approve the minutes of March 23, 2004, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson reported on the Solid Waste Advisory Committee meeting. Commissioner Nipps informed the Commissioners that she spoke at the Republican Club meeting last week. She stated that she and Commissioner Snook were judges at the Science Fair at Pangborn Elementary School. Commissioner Nipps provided an update on House Bill 1230 – School Construction Funding and the amendments that have been added to the bill. Commissioner Kercheval reported on the Planning Commission’s workshop meeting regarding water quality issues in rural areas in Washington County. He stated that he has some questions regarding the statistics provided on the number of failing systems. Commissioner Kercheval noted that the Planning Commission also discussed possible incentives that could be offered to developers if they agreed to preserve historic structures located on their properties. Commissioner Wivell stated that he attended the ribbon-cutting ceremony for Elgin Station. He also reported on the Water Quality Advisory Commission meeting and indicated that the Commission has requested that the Commissioners consider increasing their membership to seven to assure continuity when the terms expire for the existing members. Commissioner Snook informed the Commissioners that he was The Washington Post interviewed by a reporter from regarding job growth and housing in Washington County in comparison with other counties in Maryland. He stated that he presented a proclamation to the Parent/Child Center designating April as Child Abuse Prevention Month. Commissioner Snook informed the Commissioners that he met with the Boonsboro Mayor and Council to discuss Adequate Public Facilities Ordinance (APFO) issues. He also reported on the Emergency Services Advisory Council meeting. Commissioner Snook stated that he received notice that the Town of Boonsboro has requested an increase in their water appropriation and authorization to withdraw water from wells #1 and #2. He informed the Commissioners that he received a letter from D.H. Horton Builders thanking the Permits & Inspections Department staff for their assistance. CITIZENS’ PARTICIPATION Brad Fulton spoke to the Commissioners about his attempts to have a parcel of land near the Hagerstown Regional Airport placed in the Urban Growth Area boundary. He stated that he did not realize that the Planning Commission had denied the request. Commissioner Kercheval clarified the process used by the Planning Commission. He stated that they had concerns that it would be premature to accept the request without having public input due to the controversial nature of the intended use. He also indicated that there was no site plan provided for review. MARCH 30, 2004 PAGE SIX Mylin Horst, adjacent property owner, stated that the property in question had previously been in the growth area. He stated that he had an appraisal performed and would like to have it included in the growth area. Commissioner Snook explained that the Commissioners would be scheduling a public hearing on several zoning requests, including this one, and would like to hear public comments before making a determination. REPORTS FROM COUNTY STAFF Steve Goodrich, Interim Planning Director, requested that the Commissioners make a decision on the application of the APFO school adequacy fee on a single lot subdivision under review by the Planning Department. Mr. Goodrich informed the Commissioners that that the property is owned by Shawn Reed. Mr. Reed requested approval of an additional lot on his subdivision, which was rejected by the Planning Department on October 23, 2003 due to the moratorium in place limiting subdivisions to no more than five new lots. He explained how the Planning Department staff originally counted the lots to arrive at the conclusion that the subdivision already had the maximum of five new lots under the moratorium. Mr. Reed then filed an appeal with the Board of Zoning Appeals to allow him to build two houses on the subject parcel. The Board granted the appeal. However, the bank would not lend him the necessary funds because both houses were on one lot. Commissioner Kercheval stated that Mr. Reed then contacted him to look into the situation. After reviewing the calculations, Commissioner Kercheval believed that Mr. Reed’s request should have been allowed, because one of the lots the Planning department counted was actually a subdivision of an existing lot of record before the moratorium and not part of the remaining lands. Therefore, Mr. Reed’s request would have been allowable as the fifth lot subdivided. After discussion the Commissioners agreed to the alternative method of counting the lots. Mr. Reed also requested that the APFO fees for schools be waived, since the original denial of his subdivision request prevented him from final plat approval prior to January 1, 2004 causing the APFO fees for schools to apply. It was pointed out that another lot in this subdivision was applied for in October 2003 and was approved in November 2003 and that his overall approval only took 6 weeks once resubmitted. Therefore, his subdivision would have been approved prior to January 1, 2004. After discussion the Commissioners agreed to waive the APFO fees for this lot. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners that the Rural Zoning Task Force would be meeting tomorrow from 8:45 a.m. – 12:00 p.m. REAPPOINTMENTS – MENTAL HEALTH AUTHORITY Motion made by Commissioner Munson, seconded by Nipps, to reappoint Carolyn Brooks to the Mental Health Authority for a three-year term (retroactive to June 30, 2003) and to reappoint Linda Henesy for a three-year term (retroactive to March 31, 2003). Unanimously approved. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Nipps, to adjourn at 8:10 p.m. Unanimously approved. , County Administrator _____________________________________, County Attorney ___________________________, County Clerk