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HomeMy WebLinkAbout060328 March 28, 2006 Hagerstown, Maryland The Commissioners attended the annual breakfast meeting sponsored by the Washington County Extension Service at 7:30 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:25 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. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson reported on the Solid Waste Advisory Committee meeting. Commissioner Nipps reported on the meeting of the Community Action Council Board of Directors. Commissioner Wivell reported on the Gang Task Force Steering Committee. Commissioner Kercheval informed the Commissioners that he attended a Board of Education press conference regarding efforts to combat teen drug and alcohol use. He stated that he met with citizens on Roberts Road regarding their concerns. Commissioner Kercheval reported on the Mental Health Advisory Committee’s trip to Annapolis. Commissioner Snook stated that Mayor Myers informed him that the Town of Smithsburg has started discussions again regarding the proposed Cloverly annexation. He read several articles from the Frederick County Gazette regarding the Frederick County Planning Commission process and the required number of acres per unit they are considering. He also provided information on population growth in Maryland in comparison with other states. AUTHORIZATION TO FILL POSITIONS – HIGHWAY DEPARTMENT Motion made by Commissioner Nipps, seconded by Wivell, to authorize filling two vacant Maintenance Equipment Operator II positions at the Highway Department. Unanimously approved. BUDGET PRESENTATION – WASHINGTON COUNTY HUMANE SOCIETY Paul Miller, Executive Director of the Humane Society of Washington County (HSWC), met with the Commissioners to discuss the 2007 proposed budget. Mr. Miller stated that the total request for FY 2007 is $1,174,039, which includes $1,071,188 for operations, $18,000 for the SNAP program, $45,000 for a new vehicle, and $39,851 for a new Animal Control Officer. Mr. Miller reviewed the budget formula and how the HSWC arrived at the number of animal control units for budget purposes. Mr. Miller outlined the number and category of field service calls and provided statistics on animals admitted to the shelter and dispositions. PUBLIC HEARING – REVISED LIVABILITY CODE Daniel DiVito, Director of Permits & Inspections, and Angela Smith, Deputy Director, appeared before the Commissioners to review the proposed amendments to the Livability Code. Mr. DiVito stated that the County adopted a Livability Code in 1988 to govern minimum requirements for a residence in terms of heat, water, power and sanitary facilities for occupancy. He informed the Commissioners that State law requires local jurisdictions to either adopt such a code that is compliant with the statute or enforce the State’s code. Mr. DiVito indicated that the proposed revisions comply with all of the minimum requirements of the statute. He then reviewed the revisions being proposed. Richard Douglas, County Attorney, stated that State law requires the Livability MARCH 28, 2006 PAGE TWO Code and that part of this is an upgrade to comply with the law. Commissioner Snook opened the meeting for public comment. The meeting was then opened for questions from the Commissioners. Thirteen people spoke at the hearing with the majority testifying in opposition to the inclusion of the section on owner-occupied dwellings. After hearing all testimony, Commissioner Snook stated that the Commissioners would accept written comments for seven days. LOCAL EMERGENCY PLANNING COMMITTEE – HOME CHEMICAL SAFETY PROCLAMATION & POSTER CONTEST AWARD WINNERS Commissioner Snook and Mayor Robert Bruchey presented proclamations to John Latimer, IV, and Verna Brown, representing the Local Emergency Planning Committee (LEPC), designating the week of March 26-April 1, 2006, as Home Chemical Safety Week in Hagerstown and Washington County and commending this observance to all citizens. Mr. Latimer and Ms. Brown stated that 14 elementary schools participated in the program – Bester, Boonsboro, Clear Spring, Emma K. Doub, Hancock, Lincolnshire, Maugansville, Old Forge, Paramount, Pleasant Valley, Potomac Heights, Salem Avenue, Sharpsburg, and Smithsburg Elementary Schools. Mr. Latimer outlined the program curriculum, which was presented to fourth grade students in the County. Ms. Brown informed the Commissioners that the County’s Special Operations Team provides lunch for all of the contestants. The Commissioners 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 Kelly Schmidt (Potomac Heights Elementary), the second place winner was Keirsten Kline (Hancock Elementary), and the third place winner was Stephanie Gonzalez (Emma K. Doub Elementary). The winners received U.S. Savings Bonds from the Washington 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 sponsor the event. RECESS – MARYLAND WELCOME CENTERS EVENT LUNCHEON The Commissioners recessed at 12:01 p.m. in order to attend a luncheon in conjunction with the annual Maryland Welcome Centers seminar. The Commissioners presented Nancy Wilson of Maryland’s Office of Tourism Development with a proclamation on her retirement in honor of her 35 years of service. AFTERNOON SESSION The afternoon session was called to order at 1:30 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. FIRE & RESCUE REVOLVING LOAN REQUEST – COMMUNITY RESCUE SERVICE, INC. John Latimer, IV, Chair of the Fire & Rescue Association Revolving Loan Committee, met with the Commissioners to present the Committee’s recommendations regarding a request for a loan from Community Rescue Service, Inc. Mr. Latimer informed the Commissioners that they have requested $111,636 from the revolving loan fund to purchase two (2) ambulances and one (1) duty officer’s vehicle to replace two (2) 1998 ambulances and one (1) 1992 Ford Explorer. Motion made by Commissioner Munson, seconded by Wivell, to approve the recommendation of the Fire & Rescue Revolving Loan Committee to approve a loan from the revolving loan fund in the amount of $111,636 to Community Rescue Service, Inc. for the purchase of two (2) 2006 Ford E450 Super Duty Medtec FD 166 ambulances and one (1) 2005 Chevrolet Tahoe to replace existing units. Unanimously approved. FY 2006 EMERGENCY MANAGEMENT PERFORMANCE GRANT Motion made by Commissioner Nipps, seconded by Kercheval, to authorize execution of a Memorandum of Agreement with the Maryland Emergency MARCH 28, 2006 PAGE THREE Management Agency (MEMA) for a grant of $32,712 to offset personnel, operational and training expenses for local emergency management. Unanimously approved. FY 2005 STATE HOMELAND SECURITY GRANT Motion made by Commissioner Wivell, seconded by Munson, to accept a FY 2005 Homeland Security grant of $70,000 to be used to “prevent, deter, respond to and recover from threats and incidents of terrorism” and to authorize the Director of the Division of Fire and Emergency Services to execute a Memorandum of Agreement with the Maryland Emergency Management Agency. Unanimously approved. SELECTION OF MEMBERS – EMERGENCY SERVICES FEE STRUCTURE TASKFORCE John Latimer IV, Director of the Division of Fire & Emergency Services, met with the Commissioners to discuss the selection of members for the Emergency Services Fee Structure Taskforce. He reviewed the proposed list of names for their consideration: John Latimer IV, Jason Baer, Bert Iseminger, Glenn Fuscsick, Tim Henry, Steven Lohr, and Spence Perry. The Commissioners asked that Mr. Latimer be considered a non-voting member on the Taskforce and asked him to recommend an additional person for the Taskforce to replace him as a voting member. Mr. Latimer agreed to come back with a recommendation at next week’s meeting. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the recommendation to appoint John Latimer IV, Jason Baer, Bert Iseminger, Glenn Fuscsick, Tim Henry, Steven Lohr, and Spence Perry to the Emergency Services Fee Taskforce. Unanimously approved. FISCAL YEAR 2007 SUBSCRIPTION EMPLOYMENT TRANSPORTATION AGREEMENT (JOBS PROGRAM) Motion made by Commissioner Kercheval, seconded by Nipps, to approve the Intergovernmental Grant Agreement between the Maryland Department of Human Resources, the Washington County Department of Social Services and the County, to provide for continued transportation services under the Subscription Employment Transportation Program (JOBS Program) for fiscal year 2007, as outlined in the Inter-Governmental Agreement. Unanimously approved. COUNTY ATTORNEY ISSUES Richard Douglas, County Attorney, informed the Commissioners that the Hagerstown City Council would be considering the latest draft of the APFO tonight and asked if the Commissioners had any comments. He reviewed the revisions that have been made to the proposed Ordinance. Mr. Douglas provided the latest amendments to House Bill 1407 regarding the County’s excise tax. Mr. Douglas stated that the amendment would establish a new exemption for nonresidential additions if the addition is not more than double the size of the original building. It was the consensus that this was not their intent and asked that the Economic Development Commission send comments to the Delegation regarding the proposal. APPOINTMENT – MENTAL HEALTH AUTHORITY Motion made by Commissioner Nipps, seconded by Kercheval, to appoint Rebecca Younkins to the Mental Health Authority for a three-year term. Unanimously approved. PROPOSED NEW FEE STRUCTURE - DEPARTMENT OF PERMITS & INSPECTIONS Daniel DiVito, Director of Permits & Inspections, and Angela Smith, Deputy Director, recommended that the Commissioners consider comprehensive new fee structures for the Department. He indicated that, if the Department is to become self- supporting, it will have to generate enough revenue to cover the cost of providing services. Mr. DiVito then reviewed the changes being recommended. He stated that last time there were overall changes was in 1997. Mr. DiVito reviewed a comparison of the proposed new fee schedule with the City of Hagerstown, Frederick County and the County’s existing fees. The meeting was opened for questions from the Commissioners. Commissioner Snook stated that it MARCH 28, 2006 PAGE FOUR would be taken to public hearing and advertised twice pursuant to the legal requirements. CONSULTANT PRESENTATION – CABLE RELATED NEEDS AND INTERESTS Ronald Whitt, Director of the Information Technologies Department, introduced Thomas Robinson, Executive Vice President of CBG Communications, Inc., which performed the Report on Cable-Related Needs and Interests within Washington County. Mr. Robinson reviewed the key findings and recommended that the County pursue cable communication franchises with Antietam, Adelphia, and Comcast. Mr. Robinson reviewed the Community Needs and Interests section and cited concerns regarding the variety of cable programming, quality of cable programming, and cost versus value. He concluded that the franchise should include the following: provisions to establish customer service standards; provisions that help facilitate critical public safety communications, establish and enforce technical standards, establish reasonable density requirements; provisions that help bolster economic development; and provisions that ensure the continuation, development and expansion of educational and governmental access services. Mr. Robinson further recommended that the franchise include provisions to ensure state of the art delivery of Educational and Governmental Access services; development of reasonable support mechanisms to help access programming meet subscriber needs and interests; provisions requiring the approval of transfers, provisions that ensure that the County’s and public schools’ networking needs are met cost-effectively in the future; protections for the public rights-of-way; and protections for the County and its citizens. Mr. Whitt stated that the Washington County Public Network is recommending that the Commissioners consider cable franchise agreements with the local cable television providers. The meeting was then opened for questions and discussion. Commissioners Munson and Wivell expressed their opposition to cable franchising. Gene Hager, General Manager of Antietam Cable, and Steve Horvitz, counsel for Antietam Cable, were provided the opportunity to comment regarding the study and the recommendation. The Commissioners thanked Mr. Robinson for the presentation and stated that they would take the issue under consideration. GENERAL FUND BUDGET WORKSHOP – ESTIMATED REVENUES Debra Murray, Director of Finance, met with the Commissioners to review a draft of the FY 2007 revenues. Ms. Murray provided a brief overview of revenues and stated that the estimated baseline for FY 2007 is $17.2 million or a projected 10.7 percent increase. However, the expenditure requests before cuts are made is $19 million. She informed the Commissioners that real estate tax revenues would come in higher than budgeted if trends continue. Ms. Murray stated that the increase reflected in the base for 2007 reflects new growth and assessment increases. The proposed FY 2007 budget for real estate tax is $87,072,850. Ms. Murray then provided information on the proposed reduction of the property tax cap from 10% to 5%. She stated that the cap would take effect in FY 2008 and would result in a projected loss of revenue of $3,081,001. Ms. Murray also reviewed the cumulative effect of the cap through FY 2011. She outlined the assumptions used regarding the percentage of growth the County would experience in making the projections. The Commissioners discussed providing a tax credit or rate adjustment in FY 2007 since the property tax cap would not take effect until FY 2008 and agreed to have further discussions on this subject in the future after reviewing the entire budget picture. Commissioner Kercheval indicated that the staff should work with the State to assure that tax records are correct. Motion made by Commissioner Munson, seconded by Wivell, to lower the property tax cap for Washington County from 10% to 5% to take effect in FY 2008. Unanimously approved. MARCH 28, 2006 PAGE FIVE (Commissioner Wivell was excused from the Meeting at 4:41 p.m.) CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 4:42 p.m. to consult with counsel to obtain legal advice, discuss personnel matters relating to the employment of individuals over whom the Commissioners have jurisdiction and any other personnel matter affecting one or more individuals, and consider a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State 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 Kercheval, to reconvene in open session at 5:30 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on one (1) matter, discussed personnel matters relating to the employment of individuals over whom the Commissioners have jurisdiction, and considered a matter that concerns a proposal for a business or industrial organization 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 M. Shoop, County Administrator; John Martirano, County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Joseph Kroboth, Deputy Director of Public Works; David Hankinson, Director of Human Resources; and Ed Plank, Interim Director of the Highway Department. EMPLOY – DIRECTOR OF HIGHWAY DEPARTMENT Motion made by Commissioner Munson, seconded by Kercheval, to approve the recommendation to hire Ed Plank as the Director of the Highway Department to fill the existing vacancy. Unanimously approved. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Munson, to adjourn at 5:32 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk