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HomeMy WebLinkAbout030506 May 6, 2003 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. 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 – APRIL 22 & 29, 2003 Motion made by Commissioner Nipps, seconded by Wivell, to approve the minutes of the meetings of April 22 and 29, 2003, as amended. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Assistant Director of Human Resources, introduced new County employee Samuel Mowry (Welder – Highways Department). The Commissioners welcomed Mr. Mowry and wished him well in his new position. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps stated that she attended the leadership dinner sponsored by Women at the Table. She reported on the Recreation and Parks Board meeting, and informed the Board that she attended the grand opening of the Kemps Mill Softball Complex. Commissioner Nipps stated that she received a certificate of recognition from the Washington County Girls’ Softball League on behalf of the Commissioners. Commissioner Kercheval reported on the Rotary Club’s District Conference. He stated that he met with members of the Committee to Save our Rural Areas, a subcommittee of Citizens for the Protection of Washington County, regarding the subdivision moratorium and other planning issues. Commissioner Kercheval reported on the Planning Commission meeting. He stated that he met with Mayor Breichner regarding water and sewer issues. Commissioner Wivell stated that he attended the groundbreaking of the new facility of the Washington County Chapter of the American Red Cross, D.A.R.E. Day at Lincolnshire Elementary, and the Rotary Club District Conference. He reported that he met with City representatives for water and sewer negotiations. Commissioner Wivell informed the Commissioners of the Smithsburg Library Board’s fundraising activities. Commissioner Snook thanked Commissioner Wivell for chairing the meetings while he was on vacation. He stated that he met with Tracy Bundy, the new Marketing & Real Estate Director for Allegheny Energy. Rodney Shoop, County Administrator, presented Vice President Wivell with a certificate of appreciation for his excellent work while Commissioner Snook was on vacation. REQUEST FOR WAIVER OF PERMIT – LEITERSBURG RURITAN CLUB Commissioner Snook stated that the Leitersburg Ruritan Club, Inc. requested a waiver of electrical and installation permit fees of $120. Motion made by Commissioner Munson, seconded by Wivell, to approve the request of the Leitersburg Ruritan Club, Inc. to waive the electrical permit and installation permit fees for their new facility and to approve up to $120 from the Commissioners’ contingency fund to reimburse the Permits & Inspections. Unanimously approved. REAPPOINTMENTS – ECONOMIC DEVELOPMENT COMMISSION Motion made by Commissioner Wivell, seconded by Kercheval, to reappoint Franklin Erck and Noel Williams to the Economic Development Commission for three-year terms and to reappoint J.D. Rinehart and Peggy Bushey for one-year terms. Unanimously approved. CITIZENS PARTICIPATION “Hank” Livelsburger and Elizabeth Vahey, representing the the Committee to Save our Rural Areas, a subcommittee of Citizens for the Protection of MAY 6, 2003 PAGE TWO Washington County, presented over 300 petitions from County residents asking that the moratorium on major, rural subdivisions be extended until the rezoning, text and map amendments needed to implement the Comprehensive Plan are in place. Don Allensworth commented on Delegate McKee’s proposal to consolidate City and County governments. He also commented on the proposed excise and transfer taxes and recommended implementing an excise tax at one-half of Frederick County’s tax rate. CONTRACT AWARD – INDEPENDENT AUDITING SERVICES Motion made by Commissioner Wivell, seconded by Nipps, to award the contract for independent auditing services to Smith, Elliott Kearns & Company, LLC, which submitted the low responsive, responsible bid of $272,500, which is a one-year contract with options for four one-year renewals. Unanimously approved. WELCOME – PARADISE MENNONITE SCHOOL th Commissioner Snook welcomed the 9 grade class from the Paradise Mennonite School which was in attendance to observe the meeting. Commissioner Snook reviewed some of the items on the agenda that the Commissioners dealt with earlier in the meeting. He then opened the meeting for questions or comments from the students. PROPOSED EXCISE AND TRANSFER TAX RATE DISCUSSION Debra Bastian, Director of Finance, and Robert Arch, Director of Planning & Community Development, met with the Commissioners to discuss the proposed excise and transfer taxes. Mr. Arch informed the Commissioners that he is developing several options for the Commissioners to consider for implementation of an excise tax. He stated that policy decisions would need to be made on several issues. Ms. Bastian stated that the revenues would be used to support increases in “pay go” funding for the Capital Improvements Program (CIP). She reminded the Board that $400,000 of the transfer tax is mandated by State law to be used to fund agricultural preservation. She also provided projected revenues of the transfer tax and the excise tax at various rates. The meeting was opened for questions and discussion with the Commissioners. The Board discussed the shortfalls predicted for State funding of school construction projects. Commissioner Kercheval distributed copies of transfer tax rates and yields for each county in the State. Commissioner Snook asked staff to include the final version of legislation in their presentation. The Commissioners also discussed information provided by the Homebuilders Association. They agreed to schedule time on next week’s agenda to discuss the options being developed. Mr. Shoop informed the Commissioners that a public hearing has tentatively been scheduled for June 10. VISIT FROM ROBIN FRAZIER FROM GOVERNOR EHRLICH’S OFFICE ON INTER-GOVERNMENTAL RELATIONS The Commissioners met with Robin Frazier from Governor Robert Ehrlich’s Office of Inter-Governmental Relations. Ms. Frazier introduced herself and explained that she would be a liaison with the Governor’s Office. Ms. Frazier stated that Governor Ehrlich has pledged to build better communications and relations with local governments. She informed the Commissioners that she would be meeting with County staff today to discuss their concerns. The Commissioners discussed several items of interest including the Governor’s appointment to the Board of Education vacancy, State budget cuts affecting local government and education, and State mandates on new voting machines, prevailing wage rate, and all-day kindergarten. Commissioner Wivell requested an update on the State budget. Ms. Frazier stated that she would inform the Governor of their concerns and get answers to their questions. RECESS – LUNCH The Commissioners recessed at 12:06 p.m. for lunch. MAY 6, 2003 PAGE THREE AFTERNOON SESSION The afternoon session was called to order at 1:18 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. ALCOHOL MISUSE AND PROHIBITED DRUG ABUSE POLICY (PR-5B) – TRANSPORTATION DEPARTMENT Kevin Cerrone, Transportation Department Director, and Annajean McKnight, Risk Management Administrator, met with the Board to review the new Alcohol Misuse and Prohibited Drug Abuse Policy. Mr. Cerrone explained that the new policy is required by the Maryland Transit Administration, which enforces Federal Transit Administration regulations governing “safety-sensitive” transit workers. He informed the Commissioners that an effort was made to conform the new policy to the provisions of the County policy PR-5 governing other County employees holding commercial drivers’ licenses wherever possible. Mr. Cerrone stated that a principle of “zero tolerance” is included in the proposed policy. He explained that, among other provisions, the new policy: 1) designates the Risk Management Administrator as the contact person, 2) increases the number of transit workers considered “safety-sensitive,” and 3) changes the percentage of alcohol that may be in the subject’s system. The Commissioners discussed the proposed policy. Motion made by Commissioner Nipps, seconded by Munson, to adopt the Alcohol Misuse and Prohibited Drug Misuse Policy (PR-5B) to apply to all transit employees and applicants for employment in the Public Transportation Department in order to satisfy the requirements of the Omnibus Transportation Employee Testing Act of 1991 and regulations promulgated by the U.S. Department of Transportation, 49 CFR, Part 40, as amended, and the Federal Transit Administration, 49 CFR, Part 655, as may be amended. Unanimously approved. SUBDIVISION ORDINANCE TEXT AMENDMENT (SO-03-01) The Commissioners discussed the proposed Subdivision Ordinance Text Amendment S0-03-01 which would require that all subdivisions and development proposals be consistent with the policy areas and densities identified in Chapter 12 “Land Use “Plan” of the Washington County Comprehensive Plan (the “Plan”). Richard Douglas, County Attorney, stated that the Board is required to review the Moratorium Ordinance some time after April 29, 2003. He indicated that, if the Moratorium Ordinance remains in effect, it might not be necessary for the Board to take action on the amendment at this time. Mr. Douglas stated that the Board should consider this amendment in the larger context of the implementation of the Plan. Robert Arch, Director of Planning & Community Development, stated that the amendment might ultimately be rendered unnecessary by the adoption of substantial portions of the Zoning Ordinance. He outlined information showing interim growth management options and the effects of the moratorium in combination with the subdivision ordinance. Mr. Arch also reviewed other factors that the Commissioners might want to consider. He provided a tentative timetable for establishing the Rural Policy Area Comprehensive rezoning. Mr. Arch recommended that the Board continue the moratorium for the remaining six months. The Commissioners discussed the options and agreed to schedule additional time on next week’s agenda for further review. BID AWARD – LABORATORY SERVICES FOR WATER/WASTEWATER TESTING FOR THE WATER & SEWER DEPARTMENT Motion made by Commissioner Nipps, seconded by Kercheval, to award the bid for laboratory services for water/wastewater testing for the Water & Sewer Department to Fairway Laboratories, Inc., which submitted the low responsible, responsive bid of $32,560 for a one-year period with an option by the County to renew for two additional consecutive one-year periods. Unanimously approved. AIRPORT RUNWAY EXTENSION FUNDING, FINANCING OPTIONS, AND FAA LETTER OF INTENT Debra Bastian, Director of Finance, Lester Guthorn, Financial Advisor, and Steve Luchesi, consultant from the URS Corporation, met with the MAY 6, 2003 PAGE FOUR Commissioners to discuss financing options for the Airport’s runway extension project. Commissioner Snook thanked Airport Advisory Commission members for attending the meeting. Ms. Bastian informed the Commissioners that the FAA’s Letter of Intent (LOI) offer was received on April 16, 2003. The LOI outlined amounts and timeframes differing from the County application request and offered to pay $47 million for the project over a ten-year timeframe. She expressed concern about the “up front” money that the County would have to provide for the project and recommended that the County not accept the FAA proposed counter-offer. Mr. Luchesi recommended that the County make a counter-offer to the FAA of $50.7 million or accept the current offer with the condition that the County also be provided with the $3.5 million awarded for runway design offered prior to the LOI. Mr. Luchesi stated that the FAA needs a decision by May 9. Mr. Guthorn informed the Commissioners that several financing options have been reviewed and analyzed. He then reviewed two possible methods to structure the project. Mr. Guthorn stated that if the County were to take on the financial responsibility for the project, it would require a substantial commitment and could alter the debt profile of the County dramatically. He then discussed the risk factors involved in various forms of financing. Ms. Bastian stated that there is a significant gap in funding the project. She also expressed concern about interest costs and that the LOI does not guarantee payment in the “out” years. The meeting was then opened for questions. The Commissioners discussed the possibility of funding the project in four distinct phases. They also considered other possible sources of revenue. Anton Dahbura, Chair of the Airport Advisory Commission, stated that the Commission fully supports extension of the runway. He indicated that the positive economic impact would outweigh the risk. Carolyn Motz, Airport Manager, stated that the runway improvements are needed to meet FAA’s safety mandates and that passenger service could otherwise be discontinued. The Commissioners authorized the Financial Advisor and Budget and Finance staff to develop a detailed financing package along with several options for their consideration. Motion made by Commissioner Kercheval, seconded by Nipps, to proceed to make a counter-offer to the FAA’s Letter of Intent as proposed for the Runway 09-27 Improvement Project in order to meet the specified deadline. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Nipps, seconded by Kercheval, to convene in closed session at 3:54 p.m. to, consult with staff about pending and potential litigation, consult with counsel to obtain legal advice, and consider matters that relate to collective bargaining negotiations, 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 Kercheval, to reconvene in open session at 4:51 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on three (3) matters, considered matters that relate to collective bargaining negotiations, and consulted with staff about pending and potential litigation. Present during closed session were Commissioners William J. Wivell, John C. Munson, James F. Kercheval, and Doris J. Nipps. Also present at various times were Rodney Shoop, County Administrator; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Ted Wolford, Director of the Highways Department; and Gary Rohrer, Director of Public Works. RECESS The Commissioners recessed at 4:51 p.m. MAY 6, 2003 PAGE FIVE 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 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 2004 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. He also noted that the State is now requiring the County to pay one-third of the state assessment costs. To offset this mandate,the County is proposing to reduce the discount for early payment of property tax from 1% to .5%. 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 2004 on Tuesday, May 13, 2003, 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 2003 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. He reviewed the projected revenues for fiscal year 2004 for property tax, income tax, and other sources. Mr. Shoop reviewed the proposed General Fund budget of $138,601,264; the Capital Improvement Projects budget of $43,745,821; the Special Revenue Funds (Highway Funds - $6,390,956 and Solid Waste Fund - $5,745,358); the Transportation Fund - $1,735,785; Airport Fund - $1,479,300; Golf Course Fund - $1,216,539; Utility Fund - $2,449,099; and Pretreatment Fund - $1,460,000. He stated that the total proposed budget is $213,771,575. The hearing was then opened for public testimony. After all testimony was given, Commissioner Snook adjourned the hearing at 8:10 p.m. ____________________________ County Administrator ____________________________ County Attorney , Clerk