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HomeMy WebLinkAbout030930 September 30, 2003 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 1:00 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. LETTER OF APPRECIATION – AMY SHORT Commissioner Snook presented a letter of appreciation to Amy Short, Senator Mikulski’s Western Maryland Representative, as she leaves her position, thanking her for all of her assistance. The Commissioners wished her the best of luck in her future endeavors. INTRODUCTION OF NEW HUMAN RESOURCES DIRECTOR – DAVID HANKINSON Rodney Shoop, County Administrator, introduced new Human Resources Director David Hankinson, and provided information on his background. Commissioner Snook welcomed Mr. Hankinson on behalf of the Commissioners. ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) WORKSHOP Gary Rohrer, Director of Public Works, and Stephen Goodrich, Interim Director of the Planning Department, reviewed the current APFO. Mr. Rohrer reviewed the items that were discussed at last week’s workshop. Mr. Goodrich provided a chart outlining the capacity evaluation for elementary schools. The chart showed the effect of reducing the capacity threshold to 85% and how it would influence school capacity issues. Mr. Goodrich informed the Commissioners that six of the County elementary schools would be considered to have available capacity if the threshold is reduced, and only two schools would meet capacity if modifications for pre- kindergarten were factored into the calculations. He stated that this chart emphasizes the need to deal with the pressure of development on the schools. The Commissioners discussed ways to implement APFO charges during the various phases of a development, after it meets the 85% threshold, and how to monitor it. Mr. Goodrich and Mr. Rohrer recommended applying the provisions from the date that the ordinance is adopted. They stated that they would review the technicalities with the legal staff. Other items discussed included whether the APFO would apply to lots of record, if they would be grandfathered into the Ordinance, and whether the APFO would apply to both major and minor subdivisions. Motion made by Commissioner Wivell, seconded by Nipps, to apply the APFO provisions at the time of subdivision approval and that existing lots of record would not be subject to the provisions of the revised requirements. Unanimously approved. The Commissioners also reviewed the exemptions listed in Article V, Section 5.1 and agreed to remove the family exemption for application under the school section of the APFO. The Commissioners discussed the model to determine school adequacy, which was developed by Robert Arch, Director of Planning. Mr. Rohrer agreed to prepare a final draft on the School section for their review before addressing the other sections of the APFO. PUBLIC HEARING – PROPOSED INCREASE TO CHARGE IN ADDITION TO 9-1-1 FEE The Commissioners convened a public hearing at 2:34 p.m. to hear comments about the proposed increase to impose a charge in addition to the 9-1-1 fee to be added to current bills for switched local exchange access service, Commercial Mobile Radio Service or other 9-1-1 accessible service in Washington County, Maryland. The amount of the additional charge may not exceed $.75 per month per bill. The current local surcharge is $.50. Bardonna Woods, Chief of Communications/911, stated that the amounts distributed to the County from the local surcharge may be used only to supplement levels of spending by the County for 9-1-1 maintenance or operations. Mr. Martirano reviewed the proposed draft ordinance. The Commissioners had several questions regarding the general fund contribution to the Department. After discussion, the meeting was opened for public comments. There was no one present who wished to SEPTEMBER 30, 2003 PAGE TWO speak. Commissioner Snook stated that the record would be held open for ten (10) days in order to receive written comments. AUTHORIZING RESOLUTION – PUBLIC IMPROVEMENT BONDS OF 2003 Walter Calvert, County tax counsel of the Venable law firm, appeared before the Commissioners to review a resolution to issue and sell $5,400,000 in Public Improvement Bonds of 2003 and to refund certain outstanding maturities of County bonds and loans of the following issues: Consolidated Public Improvement Bonds of 1993; Sanitary District Refunding Bonds of 1993, Series F; Public Improvement Bonds of 1994 and Maryland Industrial Land Act Loan of 1996. Lester Guthorn, Financial Advisor, was also present to answer questions. He stated that they hope to save over $750,000 to $950,000 through the refinancing of several previous bond issues. Mr. Guthorn also reviewed the upcoming Maryland Water Quality Bond issues on $7.9 million. Debra Bastian, Director of Budget and Finance, reviewed the changes made in the bond package and the savings that would be realized through use of Maryland Water Quality Bond funds. Motion made by Commissioner Munson, seconded by Kercheval, to approve the resolution authorizing and empowering the County Commissioners of Washington County to issue and sell at public sale, upon its full faith and credit, its General Obligation Serial Maturity Bonds in the aggregate principal amount of $5,400,000 to be known as “Washington County, Maryland, Public Improvement Bonds of 2003”, pursuant to the provisions of Chapter 110 of the Laws of Maryland of 1999, as amended, for the public purpose of financing the cost of general public improvements in Washington County, and to refund certain outstanding maturities of County bonds and loans of the following issues: Consolidated Public Improvement Bonds of 1993; Sanitary District Refunding Bonds of 1993, Series F; Public Improvement Bonds of 1994 and Maryland Industrial Land Act Loan of 1996. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Nipps, to convene in closed session at 3:12 p.m. to 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 Nipps, to reconvene in open session at 3:40 p.m. Unanimously approved. In closed session, the Commissioners 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 Shoop, County Administrator; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; and Tim Troxell, Executive Director of the Economic Development Commission. DISCUSSION OF DEVELOPER AGREEMENTS Gary Rohrer, Director of Public Works, met with the Commissioners to discuss several developer agreements in the Maugans Avenue/Longmeadow Road corridor. Mr. Rohrer stated that the developers want to make sure that the APFO contribution is fairly assessed. Commissioner Kercheval indicated that the North Village and Seneca Ridge developments would like to be placed on the October Planning Commission agenda for approval. The Commissioners agreed to proceed with these two developments contingent upon having signed APFO agreements with them. The Board also discussed the Paradise Manor subdivision and agreed that it would have to wait until it receives approval for City water. It was the consensus that all other developments in the area would have to wait until the revised APFO is in place before proceeding. SEPTEMBER 30, 2003 PAGE THREE CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Nipps, to convene in closed session at 4:05 p.m. to discuss a personnel matter that affects one (1) or more specific individuals, consult with staff, consultants, or other individuals about pending or potential litigation, and consult with counsel to obtain legal advice, 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 Kercheval, seconded by Nipps, to reconvene in open session at 5:18 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter that affects one (1) or more specific individuals, consulted with counsel to obtain legal advice on two (2) matters, consulted with staff, consultants, or other individuals about pending or potential litigation, and consulted with counsel to obtain legal advice. 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; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; William McC. Schildt, Esq. and Peter Greenburg, Esq. RECESS The Commissioners recessed at 5:18 p.m. EVENING SESSION – SMITHSBURG VOLUNTEER FIRE COMPANY SOCIAL HALL The evening session was convened at 7:00 p.m. at the Smithsburg Volunteer Fire Company Social Hall 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. 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 – SEPTEMBER 15, 16, & 23, 2003 Motion made by Commissioner Munson, seconded by Nipps, to approve the minutes of the meeting of September 15, 16, and 23, 2003, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson reported on the Solid Waste Advisory Committee meeting. He also addressed the comments he made at last week’s meeting regarding the possibility of closing down the County Commuter bus system. Commissioner Munson proposed involving the private sector to discuss ways to make the bus system more productive. Commissioner Nipps reported on the Community Action Council Board meeting and Greater Hagerstown Committee’s meeting with the Board of Education. She stated that she attended the Smithsburg Steam and Craft Show last weekend. Commissioner Wivell stated that he attended the Chamber of Commerce awards ceremony and a meeting with the Halfway Neighborhood Crime Watch group. Commissioner Wivell informed the Commissioners that he also attended the Smithsburg Steam and Craft Show. He stated that the Maryland Association of Counties Legislative Committee is scheduled for October 1. Commissioner Kercheval commented on the Chamber of Commerce event and the Greater Hagerstown Committee meeting. He reported on Governor Ehrlich’s visit to Washington County last week. Commissioner Kercheval reviewed several concerns he received from citizens last week. Commissioner Snook reminded the Commissioners of the Discovery Station reception on October 10 and the reception in Annapolis honoring Millie SEPTEMBER 30, 2003 PAGE FOUR Fiery on October 6. He also reported on the Transportation Advisory Committee meeting and the Governor’s visit last week. Commissioner Snook welcomed the local government class from Hagerstown Community College that was in attendance to observe the meeting. CITIZENS PARTICIPATION Judith Ferro, Chair of the Smithsburg Library Committee, reviewed upcoming fundraising events for the new branch library. She stated that the Committee has raised $725,000 to date. Bob Darby commented on the County Commuter schedule, plans for the Washington County Hospital building, and repairs that are needed on Cave Hill Road. Carrie Gouff, representing the Chewsville, Leitersburg, Smithsburg Youth Athletic League (“CSL”), asked the Commissioners for an update on the request to lease the gymnasium at Fort Ritchie. Ms. Gouff also questioned the facility fees charged by the Board of Education. Jim Lemon urged the Commissioners to move expeditiously to lease the Fort Ritchie gymnasium. Glenn Fishack, President of the Smithsburg Fire Department, commended the County Highway Department on their work following Hurricane Isabel. Robin Biser expressed concerns about CSX Railroad placing old railroad ties in the storm drains and on private property on Cascade Road. She also commented on funding issues at the Board of Education. Several unidentified participants commented on the need for reflective signs for house numbering and suggested that landfill fees be waived for brush and trees immediately following a large storm or hurricane. PUBLIC HEARING – PROPOSED RIGHT TO FARM ORDINANCE The Commissioners convened a public hearing at 7:40 p.m. in order to hear testimony regarding the proposed Right to Farm Ordinance. John Martirano, Assistant County Attorney, stated that the Board has been granted the authority, as codified in Section 1-110 of the Code of the Public Local Laws of Washington County, Maryland, to adopt ordinances or regulations and take other action to protect a person’s right to farm or to engage in agricultural or forestry operations. Eric Seifarth, Agricultural Planner, outlined the changes made to the ordinance and reviewed it as proposed. After questions and discussion, the meeting was opened for public comment. After hearing all comments, Commissioner Snook stated that the record would be held open for ten (10) days in order to receive any additional public comment. He indicated that the Commissioners would vote on this matter at the October 21 meeting. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Wivell, to adjourn at 8:25 p.m. Unanimously approved. , County Administrator , County Attorney ____________________, County Clerk