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May 13, 2003
Hagerstown, Maryland
The Commissioners attended the dedication of the Sheriff’s
Department new patrol building at 8:30 a.m.
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 – MAY 6, 2003
Motion made by Commissioner Kercheval, seconded by Nipps, to
approve the minutes of the meetings of May 6, 2003, as amended.
Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Kercheval reported on the meetings of the Planning
Commission and Economic Development Commission. He informed the
Commissioners that a letter had been sent to Governor Ehrlich
regarding the appointment to the Board of Education. He stated
that the Hagerstown Rotary Club is hosting a contingent from
Korea this week.
Commissioner Wivell stated that he attended the Lincoln Day
dinner sponsored by the Republican Central Committee. He also
reported on the PenMar Development Corporation (PMDC) meeting.
Commissioner Wivell indicated that PMDC approved funding $10,000
toward the Business Development Specialist position.
Commissioner Munson stated that he spoke with the Director of
Intergovernmental Affairs at the White House regarding the
runway extension project at the Hagerstown Regional Airport. He
stated that they might be able to help with funding of the
project.
Commissioner Nipps reported on the meetings of the Historic
District Commission meeting and the Commission on Aging. She
stated that she attended the Senior Fair and the Lincoln Day
dinner. Commissioner Nipps also noted that the Historical
Advisory Committee met last week.
Commissioner Snook distributed copies of the Annual Report of
Foreign Trade Zone Boards for their review. He informed the
Board that the State Highway Administration would begin
construction on Alternate Route 40. Commissioner Snook provided
information about the Citizen Planners Association through the
Maryland Department of Planning. He also informed them that the
Extension Office would begin its “Youth on the Board” training
in the near future in an effort to get more youth involved on
advisory boards in the County. Commissioner Snook stated that
the Department of Natural Resources has approved Program Open
Space monies for several projects in Washington County. He
stated that he attended the annual meeting of the Washington
County Homemakers Club and the Emergency Services Advisory
Council meeting.
CERTIFICATE OF MERIT – CINDY EICHELBERGER
Commissioner Nipps presented Cindy Eichelberger with a
certificate of merit in recognition of her Associate of Arts
degree in Accounting and Business Administration and commended
her for her dedication and perseverance. The Commissioners
offered their congratulations on this accomplishment. Ms.
Eichelberger thanked the Commissioners for the certificate and
her co-workers for their support and encouragement.
CITIZENS PARTICIPATION
Don Allensworth informed the Commissioners that he would be
appealing the City’s approval of water service for the Emerald
Pointe development. Mr. Allensworth also commented on
annexation and the proposed merger of City and County
governments.
MAY 13, 2003
PAGE TWO
Ben Hart, Executive Director of the Hagerstown-Washington County
Convention & Visitors Bureau, asked the Commissioners to
consider implementing a 6% tax on the rental of sites for
recreational vehicles and camping shelters at campgrounds. He
indicated that the legislature passed legislation increasing the
tax from 3% to 6% during the 2003 session. Commissioner Snook
asked Mr. Hart for an estimate of revenue that would be
generated by the tax. After discussion, the Commissioners took
this request under consideration.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners
that the April employee casual day raised $336 for the Maryland
Chapter of the Juvenile Diabetes Association.
APPROVAL OF OVERTIME FUNDS – NATIONAL PIKE FESTIVAL
Motion made by Commissioner Wivell, seconded by Nipps, to
approve funding from the Commissioners’ Contingency Fund to pay
for overtime for Sheriff’s deputies to provide an escort for the
National Pike Festival wagon train on May 16-18, 2003.
Unanimously approved.
APPOINTMENT – BOARD OF SOCIAL SERVICES
Motion made by Commissioner Wivell, seconded by Nipps, to
appoint John Miller to the Board of Social Services for a three-
year term. Unanimously approved.
RECESS – 30th ANNIVERSARY CELEBRATION AND LUNCHEON AT YOGI
BEAR’S JELLYSTONE PARK
The Commissioners recessed at 11:02 a.m. in order to attend a
luncheon and the 30th anniversary celebration at Yogi Bear’s
Jellystone Park campground.
AFTERNOON SESSION
The afternoon session was called to order at 1:09 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.
REQUEST TO FILL VACANCY – PART-TIME INMATE GUARD – HIGHWAYS
DEPARTMENT
Ted Wolford, Highways Superintendent, requested that the
Commissioners approve his request to advertise to fill the Part-
time Inmate Guard position at $10.50 per hour. Mr. Wolford
stated that Inmate Guards supervise the inmate crews. The
positions are filled by retired correctional guards and who work
40 hours per week every other week. He informed the
Commissioners that it is a budgeted position.
Motion made by Commissioner Munson, seconded by Wivell, to
approve the request to fill the position of Part-time Inmate
Guard at the Highways Department. Unanimously approved.
REQUEST TO FILL VACANCY – PLANT OPERATOR III – WATER & SEWER
DEPARTMENT
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the request to fill the vacant position of Plant
Operator III (Grade 9) at the Water & Sewer Department.
Unanimously approved.
ADOPTION OF 2004 PROGRAM OPEN SPACE ANNUAL PROGRAM
James Sterling, Director of Buildings, Grounds & Parks, met with
the Board to present the fiscal year 2004 Program Open Space
(POS) budget and to review the acquisition and development
projects for the County and the municipalities. Mr. Sterling
stated that the County’s FY 2004 allocation for FY 2004 is
$415,328, which includes $15,675 in Land and Water Conservation
Funds. Mr. Sterling reviewed the proposed annual POS program
for acquisition and development that was approved by the
Recreation and Parks Board. The Commissioners then discussed
and approved the proposed projects.
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the FY 2004 Program Open Space program, as presented.
Unanimously approved.
MAY 13, 2003
PAGE THREE
REVIEW OF FY 2004 PROPOSED BUDGET
Debra Bastian, Director of Finance, met with the Commissioners
to discuss the Fiscal Year 2004 budget and the testimony given
at the public hearing held on May 6, 2003. The Commissioners
then considered the various requests for funding that were made
at the hearing.
Ms. Bastian reviewed Draft #5 of the proposed budget, which
transfers $124,000 from one-time costs to maintenance of effort
in the Board of Education’s budget. The Commissioners agreed
not to provide additional part-time wages as requested by the
Election Board. They also agreed that the elimination of one
position in the school health nurse program was an
administrative decision made by the Health Department.
The Commissioners requested that the Board of Education consider
requesting legislation next year to allow an extension of the
life of school buses. They also discussed potential State
funding cuts in education and compared the funding level in FY
2002 to that proposed for FY 2003. The Commissioners asked the
Board to consider averaging the number of buses needed over the
next four years. William Blum, Chief Operating Officer, stated
that nine buses would be needed each year for the next four
years. Mr. Shoop stated that he would provide information next
week on where the revenues for an additional bus could be found.
Ms. Bastian then reviewed the Capital Improvements Program (CIP)
budget as well as projected revenues and borrowing.
Commissioner Snook asked the Commissioners to submit any
questions they may have regarding the budget to Mr. Shoop this
week in order to allow the staff time to address them so the FY
2004 budget can be adopted at next week’s meeting.
DISCUSSION ON MORATORIUM
The Commissioners continued discussions on the moratorium that
was enacted on October 29, 2002 relating to new major
residential subdivisions outside the County’s designated growth
areas. The recitals in the Ordinance specify that it be
reviewed after the passage of six months for the purpose of
continuing the moratorium. Richard Douglas, County Attorney,
stated that if the Commissioners take no action, then the
moratorium would continue through October 2003.
At this time, Commissioner Snook polled each of the
Commissioners regarding their positions on the moratorium and
Subdivision Text Ordinance SO-03-001. Robert Arch, Director of
Planning & Community Development, stated that the text amendment
would not be necessary if it is their decision not to repeal the
moratorium. After discussion, it was the consensus of the
Commissioners not to repeal the moratorium. They also agreed
not to enact the subdivision text amendment.
Commissioner Wivell recommended that a timeline be developed to
consider the implementation of transferable development rights
(TDRs), compensation for downzoning, and inclusion of school
capacity guidelines in the Adequate Public Facilities Ordinance
(APFO). Mr. Arch stated that he would schedule time on the
agenda in June to review school capacity guidelines but that
TDRs and compensation issues would take considerably longer to
develop and may involve more than just the Planning staff. The
Commissioners emphasized the need to stay on schedule with the
zoning amendments, especially for the agricultural zoning.
Commissioner Kercheval asked Mr. Arch to provide additional
information on the eight major subdivisions that were in the
pipeline when the moratorium went into effect, as well as
consideration for immediate family members. Mr. Arch stated
that he would schedule time on the agenda in the near future to
review the information with them.
PROPOSED EXCISE AND TRANSFER TAX RATE DISCUSSION
The Commissioners reviewed the options presented for
implementation of the excise and transfer tax. Robert Arch and
Debra Bastian, Director of Finance, provided additional
information for their review. Mr. Arch outlined a detailed
breakdown of the number of building permits issued in Washington
County in 2002, the types of permits, and a summary of the
average number of permits issued each year over the last six
years. He stated that 2002 was probably a record year for the
number of building
MAY 13, 2003
PAGE FOUR
permits issued in Washington County. Mr. Arch also provided
information on square footage of various types of housing. The
Commissioners discussed the information provided as well as the
findings from the Tischler study. They agreed that additional
discussion of the information is needed and asked Mr. Arch to
schedule time on next week’s agenda to allow them time to
analyze the information.
Ms. Bastian provided information from the State on transfer tax
and recordation tax as well as a copy of the “Washington County
Growth Management Act” legislation that was approved in the 2003
legislative session. She also provided information on projected
revenues from the transfer tax at various levels. The Board
took this under consideration.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Wivell, seconded by Nipps, to
convene in closed session at 4:31 p.m. to discuss a personnel
matter, consult with staff about pending and potential
litigation, consult with counsel to obtain legal advice, 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 Munson, seconded by Kercheval, to
reconvene in open session at 5:06 p.m. Unanimously approved.
In closed session, the Commissioners discussed a personnel
matter, consulted with counsel to obtain legal advice on two (2)
matters, consulted with staff about pending and potential
litigation, 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 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; and Joni
Bittner, County Clerk.
ADJOURNMENT
Motion made by Commissioner Nipps, seconded by Wivell, to
adjourn at 5:06 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
,
Clerk