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HomeMy WebLinkAbout040504 May 4, 2004 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:30 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 County Administrator Rodney Shoop followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES –APRIL 27, 2004 Motion made by Commissioner Kercheval, seconded by Nipps, to approve the minutes of April 27, 2004, as amended. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employee L. Dean Wilkins (Water Quality Department). The Commissioners welcomed Mr. Wilkins and wished him well in his new position. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps informed the Commissioners that she spoke to the Government Class at Hagerstown Community College. Commissioner Munson requested that the Commissioners consider providing additional funding for road repair from cash reserves in the FY 2005 budget. Commissioner Kercheval stated that he attended the farewell dinner honoring Fred Teeter, previous Executive Director of the Chamber of Commerce. He was a guest reader for the “Reading Day” activities at Hagerstown Community College. Commissioner Kercheval then reported on the Planning Commission meeting and stated that the Tractor Supply site was approved and that he would be meeting with representatives of Westfields regarding development of an amenities schedule. He stated that he and Gary Rohrer, Director of Public Works, met representatives of Covenant United Presbyterian Church regarding the proposed Robinwood Drive extension. Commissioner Wivell stated that he presented a proclamation at the Workers Memorial Tribute ceremony. He reported on the meetings of the Cascade Committee, PenMar Development Corporation, and Greenberry Hills Neighborhood Watch. Commissioner Wivell distributed an article from Time Magazine entitled “The Vexations of Voting Machines” outlining the problems being encountered with electronic voting machines throughout the country. The Commissioners discussed the request made by the Blue Ridge Summit Library for funding in the amount of $1,500. Motion made by Commissioner Wivell, seconded by Kercheval, to provide a donation of $1,500 to the Washington County Free Library for the Blue Ridge Summit library in the FY 2005 budget. Unanimously approved. Commissioner Snook reported on the Chamber of Commerce meeting. He stated that he received a letter from the State Highway Administration notifying the County of a project on Pennsylvania Avenue. He stated that he received notification of the State’s ongoing financial contribution to the projects at the Airport. Commissioner Snook reported on the Tri-County Council Executive Board meeting. He informed the Commissioners that new legislation was enacted to allow fire and emergency services personnel to operate with Class C non-commercial drivers’ licenses. The legislation provides authorization for each jurisdiction to decide which license classification they require. The Commissioners agreed to provide the information to the Emergency Services Council for a recommendation. Commissioner Snook informed the Commissioners that he received notification from the State Board of Elections on the new salary schedule adopted for employees of the Election Boards. He also noted that Realtor magazine cites the average home price in Washington County in February 2004 as $189,000. MAY 4, 2004 PAGE TWO CONVENE SITTING AS THE BOARD OF HEALTH – PUBLIC HEARING TO CONSIDER PROPOSED MODIFICATION TO ENVIRONMENTAL HEALTH FEES William Christoffel, Health Officer, informed the Commissioners that they are proposing to increase well cap fees from $80 to $160 and to establish a fee for open burning permits of $50. He stated that all other fees would remain the same. Laurie Bucher, Director of the Environmental Health Division, provided information on what other counties in the State are charging for similar permits. The meeting was then opened for questions and discussion. Motion made by Commissioner Nipps, seconded by Wivell, to convene sitting as the Board of Health at 10:09 a.m. Unanimously approved. The Commissioners convened a public hearing in order to hear comments regarding proposed changes to the fees for services from the Environmental Health Division of the Washington County Health Department. Commissioner Snook announced that the meeting was open for public comment. Barbara Hovermill spoke in favor of the Health Department’s proposal. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the fee schedule as proposed by the Environmental Health Division of the Health Department to increase well cap permits to $160 which would become effective on July 1, 2004, and to implement a commercial open burning permit of $50 to become effective immediately. Unanimously approved. The Commissioners adjourned as the Board of Health at 10:13 a.m. CITIZENS’ PARTICIPATION There was no one present who wished to participate. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners of the budget hearing tonight at 7:00 p.m. APPOINTMENT OF THE 2004 SALARY STUDY COMMISSION Richard Douglas, County Attorney, advised the Commissioners that the governing statute in the Annotated Code of Maryland requires that the County Commissioners appoint a Salary Study Commission to include the individual recommended by certain organizations to the Commission. The Commission would study the salaries of specific elected officials, including the County Commissioners, Sheriff, Treasurer, Board of Education, Board of Supervisors of Elections, Board of Liquor License Commissioners, and Judges of the Orphans’ Court, and make a report of their findings. Mr. Douglas stated that nominations were solicited from the eight organizations set forth in the statute, with the exception of the Washington County Taxpayers Association, which has been disbanded. The slate of nominees is as follows: Rick Hemphill (Democratic Party Central Committee of Washington County); Philip Baker-Shenk (Republican Party Central Committee of Washington County); John Peckyno (Washington County Chamber of Commerce); Gerald Ditto (Washington County Farm Bureau); Christine Madeo (League of Women Voters of Washington County); Charles E. Shindle (Central Maryland AFL-CIO Council); Leslie LeBlanc and Bonnie Blandford (Washington County Council of PTAs). Mr. Douglas stated that the Committee would be responsible for appointing a member to fill the vacant position of the Taxpayers Association after its first meeting. He assured the Commissioners that they are not bound by the salary recommendations made by the Commission, but may not increase them. Motion made by Commissioner Nipps, seconded by Munson, to appoint the following individuals to the 2004 Salary Study Commission as required by the governing statue: Rick Hemphill (Democratic Party Central Committee of Washington County); Philip Baker-Shenk (Republican Party Central Committee of Washington County); John Peckyno (Washington County Chamber of Commerce); Gerald Ditto (Washington County Farm Bureau); Christine Madeo (League of Women Voters of Washington County); Charles E. Shindle (Central Maryland AFL-CIO Council); Leslie LeBlanc and Bonnie Blandford (Washington County Council of PTAs). Unanimously approved. MAY 4, 2004 PAGE THREE PROPOSED MORATORIUM ON NEW BILLBOARDS Richard Douglas, County Attorney, reviewed a draft ordinance establishing a moratorium on the construction of new billboards. The Ordinance would allow staff the time to develop amendments to the existing outdoor advertising regulations in the Zoning Ordinance. It would be reviewed after ninety days to determine whether it should be continued. Mr. Douglas stated that a transition policy could deal with applications for site plans for the construction of billboards that have already been filed with the Planning Commission. The Commissioners reviewed the proposed Ordinance and agreed to hold a public hearing on May 25. The meeting was then opened for questions. The Commissioners discussed their concerns about applications submitted prior to the hearing and agreed not to accept additional applications for the construction of billboards until the issue is resolved following the public hearing. Stephen Goodrich, Interim Planning Director, stated that it would take 90 days for the Planning Commission to review the text changes and make a recommendation. Motion made by Commissioner Nipps, seconded by Kercheval, to proceed to public hearing to consider an Ordinance to provide for a moratorium on the construction of new billboards and to discontinue accepting applications for billboard construction effective this date to allow staff time to develop amendments to the existing outdoor advertising regulations in the Zoning Ordinance prior to the public hearing on proposed moratorium on May 25. Motion carried with Commissioners Nipps, Kercheval, Wivell, and Snook voting “AYE” and Commissioner Munson voting “NO.” BID AWARD – ELECTRICIAN SERVICES AT COUNTY FACILITIES Motion made by Commissioner Munson, seconded by Kercheval, to award the contract for electrician services at County facilities to Kube Electric Co., Inc., which submitted the low responsive, responsible bid of $26,500, with the following labor rates for services: Regular Working Hours - Electrician $19.50, Helper $12.40; Evenings & Saturdays - Electrician $30.00, Helper $19.00; Sundays & Holidays - Electrician $30.00, Helper $19.00; and Consulting & Design Service $40.00. The contract is a one- year contract commencing July 1, 2004, with an option by the County to renew for up to four additional one-year periods. Unanimously approved. CONTRACT RENEWAL REQUEST – CONTRACT SERVICES AT TRANSFER STATIONS Motion made by Commissioner Munson, seconded by Kercheval, to renew the contract for contract services at transfer stations to Peck’s Refuse Disposal, LLC, with the requested increases, for the total cost of $263,112. Unanimously approved. PROCESS SERVICE IN DISTRICT COURT Richard Douglas, County Attorney, informed the Commissioners that the Honorable W. Milnor Roberts, Administrative Judge of District 11 of the District Court of Maryland, has indicated that he would hand-deliver an order directing that the Sheriff assume the duties of serving all civil and criminal process and papers for the District Court of Maryland for Washington County effective July 1, 2004. Mr. Douglas stated that this order is entered pursuant to Md. Code, Courts and Judicial Proceedings, Section 2-605. The meeting was then opened for questions and discussion. The Commissioners asked Sheriff Mades to evaluate the cost of the program on an annual basis and, if they exceed projected revenues, to request that the State recoup costs to the County. The Sheriff stated that he would like to see the Judicial Division’s budget adjusted accordingly to show these costs. Motion made by Commissioner Nipps, seconded by Wivell, to authorize the Sheriff’s Office to assume the duties of serving all civil and criminal process and papers for the District Court effective July 1, 2004, as outlined by Sheriff Mades at his presentation on April 20, 2004 and adjust his budget accordingly, upon receipt of an order from the Administrative Judge. Unanimously approved. MAY 4, 2004 PAGE FOUR RECESS – LUNCH The Commissioners recessed at 11:32 a.m. for lunch. Commissioner Nipps was excused from the meeting at this time. AFTERNOON SESSION The afternoon session was called to order at 1:04 p.m. by President Gregory I. Snook, with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval and John C. Munson,. HUMANE SOCIETY BUDGET DISCUSSION Paul Miller, Executive Director of the Humane Society of Washington County (HSWC), met with the Commissioners to continue discussions on the request for additional County funding for the agency. Mr. Miller provided information on salaries and the results of a survey showing a comparison of animal control costs in other counties in the State of Maryland. He stated that they hope to obtain additional revenues from licensing fees. Mr. Miller also provided examples of programs they are working on and provided a chart showing admissions and dispositions in the shelter in FY 2003. Mr. Miller provided copies of financial statements and supplementary information for nine months ending March 31, 2004. The Commissioners had additional questions about the HSWC’s budget and asked for information on field service, hours of operation, and the number of days they hold animals. Commissioner Kercheval stated that the HSWC should determine a total dollar figure for animal control costs in order to justify the increase they are requesting in the budget. He expressed concerns that the cost in Washington County appears to be higher than other jurisdictions in the categories of costs per animal and costs per household. Mr. Miller stated that he would meet with his Board of Directors and provide the information that was requested. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Munson, to convene in closed session at 2:05 p.m. to consider personnel issues that affect one or more specific individuals, consult with counsel to obtain legal advice, consult with staff about potential litigation, discuss public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including the deployment of fire services and staff, 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 Wivell, seconded by Munson, to reconvene in open session at 4:08 p.m. Unanimously approved. In closed session, the Commissioners considered two (2) personnel issues that affect one or more individuals, consulted with counsel to obtain legal advice on three (3) matters, consulted with staff about potential litigation, and discussed public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including the deployment of fire services and staff. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, and John C. Munson. Also present at various times were Rodney Shoop, County Administrator; Richard W. Douglas, County Attorney; John M. Martirano, Deputy County Attorney; Duane Gigeous, Part-time Assistant County Attorney; Joni Bittner, County Clerk; David Hankinson, Director of Human Resources; and Joe Kroboth, II, Director of the Department of Emergency Services. RECESS The Commissioners recessed at 4:08 p.m. EVENING SESSION - PUBLIC HEARING - PROPOSED FISCAL YEAR 2004 BUDGET AND CONSTANT YIELD TAX RATE The evening session of the Board of County Commissioners of Washington County, Maryland, was called to order in the Kepler Theater at Hagerstown MAY 4, 2004 PAGE FIVE Community College at 7:00 p.m. by President Gregory I. Snook with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, Doris J. Nipps, and John C. Munson. The public hearing was held to consider the proposed Fiscal Year 2005 budget for Washington County and to set the current property tax rate. Rodney Shoop, County Administrator, announced that this public hearing is being held to permit the residents of Washington County to comment on the Commissioners’ intention to continue the property tax rate of $.948 per $100 of assessed full value Section 6-308, Tax- for the Fiscal Year 2004 as required by Property Article, Annotated Code of Maryland, and to review the proposed Fiscal Year 2004 budget as advertised. Mr. Shoop also stated that the Commissioners would continue an interest rate of 6% on semi-annual tax payments. Mr. Shoop announced, in accordance with provisions of the Tax Property Article, that the Board of County Commissioners hope to adopt the tax rate for Fiscal Year 2005 on Tuesday, May 11, 2004, in the Commissioners’ meeting room in the County Administration Building. Mr. Shoop stated that comments may be sent to the Commissioners at 100 West Washington Street or via the Internet at . www.washco-md.net Mr. Shoop presented Washington County’s vision and mission statements and the 2004 goals. He indicated that the proposed budget is a balanced budget that provides significant increases in funding for education and improves funding for public safety. Mr. Shoop stated that the Board of Education funding for FY 2005 is $95.5 million, which includes operations, capital, debt, school health nurses, crossing guards, and new buses. He also reviewed the projected revenues for fiscal year 2005 for property tax, income tax, and other sources. Mr. Shoop reviewed the proposed General Fund budget of $147,999,415; the Capital Improvement Projects budget of $30,119,703; the Special Revenue Funds (Highway Funds - $6,784,570 and Solid Waste Fund - $6,200,035); the Transportation Fund - $1,771,150; Airport Fund - $1,480,110; Golf Course Fund - $1.249,700; Utility Fund - $2,570,706; Water Fund - $1,195,836; Sewer Fund - $9,803,552; Pretreatment Fund - $1,460,000; Foreign Trade Zone - $7,000; Agricultural Education Center Fund - $150,530; and Inmate Welfare Fund - $378,000. He stated that the total proposed budget is $211,873,442. The hearing was then opened for public testimony. After all testimony was given, Commissioner Snook adjourned the hearing at 7:40 p.m. ____________________________ County Administrator ____________________________ County Attorney , County Clerk