HomeMy WebLinkAbout040309
March 8, 2004
Hagerstown, MD 21740
JOINT PUBLIC HEARING – REZONING CASES RZ-04-001 and RZ-04-002
A joint public hearing of the Board of County Commissioners of
Washington County and the Washington County Planning Commission
was convened in Court Room #l at 7:00 p.m. to hear testimony and
receive evidence in rezoning case RZ-04-001 and RZ-04-002.
Presiding at the hearing were County Commissioners President
Gregory I. Snook and Planning Commission Chair Paula Lampton.
Also present at the hearing were County Commissioners William J.
Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps
and Planning Commission members Donald Ardinger, Terry Reiber,
Benjamin Clopper, Bernie Moser, and George Anikis. After
presentations and public testimony were heard, it was announced
that the record would remain open for ten (l0) days to allow
additional evidence to be submitted in writing. The public
hearing was adjourned at 8:45 p.m.
__________________________,
County Administrator
,
County Attorney
, Clerk
March 9, 2004
Hagerstown, Maryland
JOINT MEETING WITH BOARD OF EDUCATION
The Commissioners met with the Board of Education at 8:00 a.m.
The following members of the Board of Education were present:
Bernadette Wagner, Edward Forrest, Roxanne Ober, Russell
Williams, Jacqueline Fischer, Princeton Young, and Paul Bailey.
Staff members present were Dr. Elizabeth Morgan, Superintendent
of Schools; William Blum, Chief Operating Officer; and Christian
South, Director of Budget & Finance.
Home Chemical Safety Program Overview
Verna Brown, Emergency Management Coordinator, provided an
overview of the Home Chemical Safety Program. She stated that
the Department of Emergency Services and Local Emergency
Planning Committee (LEPC) work to educate citizens regarding the
safe storage, use, and disposal of chemicals used in the home.
The program targets fourth grade students in area elementary
schools. Ms. Brown provided an overview of the program outline
and stated that each student receives a Home Chemical Safety
Guidebook and Chemical Wheel. Students are then asked to
participate in a poster contest depicting a chemical safety
theme to demonstrate the knowledge they have gained through the
curriculum. Ms. Brown stated that the program is funded through
grants from the Maryland Emergency Management Agency, the Board
of Education, and private contributions. She then answered
questions from the Commissioners and Board members regarding the
program.
Second Quarter Budget Adjustments
Motion made by Commissioner Munson, seconded by Nipps, to
approve the following second quarter budget adjustments as
requested by the Board of Education by decreasing the following
categories: Administration - $51,965; Instructional Salaries -
$675,310; Student Personnel Services - $1,195; Operation of
Plant - $94,880; and Fixed Charges - $440,000; and to increase
the following categories: Revenue - $15,803; Instructional
Textbooks & Supplies - $591,245; Other Instructional Costs -
$337,660; Special Education - $24,470; Student Health Services -
$200; Student Transportation Services - $97,445; Capital Outlay
- $18,933; and Maintenance of Plant - $$209,200, for a total
adjustment to the Fund Balance of $0, contingent upon the fund
balance being used for one-time expenses. Unanimously approved.
Facilities Use Fees
Mr. Forrest and Mr. Blum reviewed the current Facilities Use Fee
Policy with regard to groups utilizing schools. They discussed
the costs associated with maintaining facilities and the
information they received
MARCH 9, 2004
PAGE TWO
from other counties regarding their facilities charges. Mr.
Blum indicated that they want to attempt to recapture their
costs for operation of the facilities. He stated that the
current policy considers four groups of users: 1) Scouts and
youth groups, 2) education users who charge fees, 3)
church/adult social/adult recreation, and 4) profit-making
activities. The Commissioners voiced their concerns about the
fee increases for some of the groups being charged. The Board
stated that they would review the policy in more detail.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 9:20 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 – MARCH 2, 2004
Motion made by Commissioner Kercheval, seconded by Nipps, to
approve the minutes of March 2, 2004, as amended. Unanimously
approved.
CERTIFICATE OF MERIT – DIETER H.B. PROTSCH
Commissioner Snook presented a certificate of merit to Dieter
H.B. Protsch in recognition of his outstanding service as a
member of the Washington County Gaming Commission and commended
him for his leadership and dedication. The Commissioners
offered their appreciation to Mr. Protsch for the contribution
of his time to improve the quality of life for citizens of
Washington County. Mr. Protsch thanked the Commissioners for
the certificate and stated that it was an honor to serve on the
Gaming Commission.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Munson reported on the meetings of the Agricultural
Education Advisory Committee and the Advisory Commission to the
Board of Health.
Commissioner Nipps stated that she attended the Chamber of
Commerce Business Awards and congratulated the winners. She
reported on the Recreation & Parks Board meeting and informed
the Commissioners that the staff is going to contact the
University of Maryland to discuss whether games of chance are
permitted during events being held at the Agricultural Education
Center. Commissioner Nipps invited the Commissioners to attend
the Commission for Women meeting on March 10 to recognize the
essay contest award winners.
Commissioner Kercheval also reported on the Business Awards
ceremony. He stated that he met with a developer in the Maugans
Avenue area regarding the newly adopted APFO. Commissioner
Kercheval informed the Board that the Planning Commission would
be holding a workshop on March 28 regarding water and sewer
issues in rural areas.
Commissioner Wivell provided an update on MACo’s position
regarding various bills before the General Assembly.
Commissioner Snook informed the Commissioners that the State’s
Transportation Program has presented a plan for a four-year
paykback of $1.4 million in Highway User Revenues that were
taken from Washington County. He reported on the Transportation
Advisory Committee meeting and stated that the State Highway
Administration is studying the request made by the Town of
Funkstown for a turn arrow at the traffic signal near the Fire
Hall. Commissioner Snook informed the Commissioners that the
Governor appointed John Martin, Jr. and William Feuerstein to
the Property Tax Assessment Appeals Board for Washington County
to fill existing vacancies. The Commissioners also approved
participation in the 2004 Mosquito Control Program through the
State Department of Agriculture.
MARCH 9, 2004
PAGE THREE
BUDGET PRESENTATION - BLACK ROCK GOLF COURSE
Dick Roulette, Chairperson of the Public Golf Corporation Board
of Directors, Dirk Schultz, PGA Golf Professional, and John
Kain, Golf Course Superintendent, presented the FY 2005 budget
request for Black Rock Golf Course of $1,249,700. Mr. Roulette
outlined the minor rate increases proposed for next fiscal year.
He asked the County to review the increases in insurance costs
to assure that they are correctly distributed. Mr. Roulette
also outlined measures the Board is taking to help increase play
at Black Rock. Mr. Kain stated that they would be replacing the
tee box markers with new granite markers this year. The markers
would be paid for through sponsorships. The meeting was then
opened for questions from the Commissioners.
BUDGET PRESENTATION – HAGERSTOWN REGIONAL AIRPORT
Carolyn Motz, Airport Manager, and Phil Ridenour, Special
Operations Administrator, presented the Airport budget for FY
2005 in the total amount of $1,480,110. Ms. Motz explained that
$95,000 is being requested from the General Fund. She
highlighted the projected revenues and reviewed the major
changes in budget categories and line items and the reasons for
the proposed increases. Ms. Motz stated that the Airport
Commission feels that the County should consider increasing the
insurance coverage, and asked the Commissioners to consider this
item. The meeting was then opened for questions from the
Commissioners regarding the proposed budget.
CITIZENS PARTICIPATION
Robert Swartz expressed concerns regarding the Airport’s budget
and new procedures being instituted. Commissioner Nipps
commented on the development of the Airport’s Guiding Documents
and stated that they would be adopted in the near future. She
stated that the Guiding Document would provide a better
structure for airport administration
Theresa Spruill discussed concerns about the legislation being
proposed by the Delegation to the General Assembly regarding the
PenMar Development Corporation, as it is currently written and
noted its potential impact on the community.
T-MOBILE CELL TOWER LEASE AT SANDY HOOK WATER TOWER PROPERTY
Dean Lowry, Real Property Administrator, informed the
Commissioners that T-Mobile approached the County with a
proposal to place an 80-foot monopole cellular telephone tower
on the Sandy Hook water tank property. Mr. Lowry stated that
they had received zoning approval for the proposed tower. He
indicated that this lease would generate income for the
Department of Water Quality. The tower would improve cellular
telephone service in the southern portion of the County and
would benefit the planned improvements to the communications
system. The meeting was then opened for questions and
discussion.
Motion made by Commissioner Munson, seconded by Nipps, to
proceed with a lease agreement with T-Mobile for placement of an
80-foot monopole cellular telephone tower on the Sandy Hook
water tank property. Unanimously approved.
BUDGET PRESENTATION – HIGHWAY DEPARTMENT
J. Theodore Wolford, Superintendent of the Highway Department,
introduced the following members of his staff who helped to
prepare the budget: Diane Mongan, Office Associate; Jack
Reynard, Fleet Manager; Zane Rowe, Building Maintenance
Supervisor; Dave Shrader, Traffic & Safety Supervisor; and John
Phillips. Mr. Wolford stated that the Department is funded by
highway user revenues, which are distributed by the State to
maintain the road system. He then presented the Highway
Department’s FY 2005 budget request in the total amount of
$6,784,570. Mr. Wolford highlighted the major changes in budget
categories and line items, the reasons for the proposed
increases and reductions, and answered questions from the
Commissioners. Commissioner Snook commended the Department for
doing a good job with the State reductions in Highway User
Funds.
MARCH 9, 2004
PAGE FOUR
BUDGET PRESENTATION – TRANSPORTATION DEPARTMENT
Kevin Cerrone, Transit Manager, outlined the services and
programs offered by the County Commuter and reviewed the
operating summary of revenues and expenditures. He indicated
that the County Commuter is primarily funded by fare box
revenues and State and Federal grants, although a General Fund
contribution is required as a matching fund for the grants. Mr.
Cerrone presented the proposed budget for FY 2005 in the total
amount of $1,780,500. He stated that the requested General Fund
appropriation for FY 2005 is $415,830. At this time, the
meeting was opened for questions from the Commissioners. Mr.
Cerrone also provided an update on moving the downtown bus
transfer stop. He stated that the City of Hagerstown has
approached him about moving the stop now located at Public
Square and has come up with an alternative location on East
Washington Street. He stated that the Transportation Department
supports this proposal and is waiting for the City to respond
with a plan.
RECESS – LUNCH AND RIBBON-CUTTING CEREMONY FOR NEW LIBRARY
BOOKMOBILE
The Commissioners recessed at 11:39 a.m. for lunch and to attend
a ribbon-cutting ceremony for the new bookmobile at the
Washington County Free Library.
AFTERNOON SESSION
The afternoon session was called to order at 1:50 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.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, reminded the Commissioners
that a budget workshop is scheduled for March 15.
REAPPOINTMENT – SOLID WASTE ADVISORY COMMITTEE
Motion made by Commissioner Munson, seconded by Nipps, to
reappoint David McMullen to the Solid Waste Advisory Committee
for a three-year term. Unanimously approved.
MOTION OF SUPPORT – BOND FUNDING FOR SCHOOL FOR THE ARTS
Motion made by Commissioner Wivell, seconded by Nipps, to send a
letter to the Senate Budget & Taxation Committee in support of
the request for bond funds for the school for the arts in
downtown Hagerstown. Unanimously approved.
REQUEST TO FILL VACANCIES - BUILDINGS, GROUNDS & PARKS
DEPARTMENT
Jim Sterling, Director of Buildings, Grounds & Parks, met with
the Commissioners to discuss vacancies in his Department. Mr.
Sterling informed the Commissioners that he currently has three
vacant full-time maintenance worker positions budgeted. He
requested permission to hire one full-time maintenance worker
and four seasonal maintenance workers. The seasonal workers
would be employed from April through October. Mr. Sterling
stated that most of the mowing in the parks is in the months of
April through October and the maintenance work is deferred until
later in the season. He also indicated that this would be the
most cost-effective way to perform maintenance and sustain the
current level of service. The meeting was then opened for
questions and discussion.
Motion made by Commissioner Munson, seconded by Nipps, to fill
the three Maintenance Worker vacancies at the Buildings, Grounds
& Parks Department with one full-time Maintenance Worker and
four seasonal maintenance workers. Unanimously approved.
REVISED POLICY (PR-25) – USE OF OFFICIAL CARS & EQUIPMENT
David Hankinson, Director of Human Resources, reviewed the
revisions in policy PR-25 – Use of Official Cars and Equipment.
He informed the Commissioners that the newly revised IRS
regulations do not allow for the distinction between “essential”
and “non-essential” personnel to be made. The revised policy
would reflect the fact that employees assigned County vehicles
would be charged a uniform amount per the IRS guidelines for
MARCH 9, 2004
PAGE FIVE
that benefit. Mr. Hankinson stated that other revisions in the
policy would require employees driving County vehicles to put
the vehicle in park with the emergency brake engaged when they
exit the vehicle. The revision would also prohibit the use of
tobacco products in County-owned vehicles. The meeting was then
opened for questions and discussion. Commissioner Munson stated
that he would like to include in the policy that vehicles be
turned off when the driver is out of the vehicle. After
discussion, it was the consensus of the Commissioners to remove
the item regarding placing the vehicle in park when exiting.
They also agreed that the use of tobacco products would be at
the discretion of the department heads. The Commissioners
decided to revisit the policy in a year to see if it needs to be
modified.
Motion made by Commissioner Nipps, seconded by Kercheval, to
adopt Policy PR-25 Use of Official Cars and Equipment as
amended. Unanimously approved. (A copy of the approved Policy
PR-25 is attached.)
SOLID WASTE PERMIT SYSTEM – BUDGET COST CENTER
Robert Davenport, Director of the Solid Waste Department, and
Kenneth Conway, Chair of the Solid Waste Advisory Committee, met
with the Commissioners to discuss their recommendation for the
Solid Waste permit system. Mr. Conway indicated that the
Advisory Committee received a presentation by the Budget &
Finance Department showing that there is a shortfall in
revenues, which does not allow the Solid Waste Department to be
self-supporting. Mr. Davenport commended the Committee for the
time and study they put into the recommendation. Mr. Conway
stated that the short-range recommendation is to increase the
permit fee from $105 for a regular permit and $75 for a senior
permit to $130 for all permits. He explained that this would
eliminate the present revenue shortfall based on the current
number of permits. Mr. Conway estimated that the short-range
recommendation would be in effect at least 3-5 years while other
recommendations are being studied. The meeting was opened for
questions and discussion. The Commissioners also discussed ways
to lower costs at the satellite locations.
Mr. Conway reviewed the executive summary outlining how the
Advisory Committee arrived at its recommendations. The
Committee’s long-range recommendation is for the County to
implement a countywide system of waste collection and disposal.
He stated that they envision contracting with a commercial waste
disposal company for countywide service. The billing would then
be added to the citizens’ tax bill. The Commissioners took the
recommendation under consideration.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Nipps, seconded by Munson, to
convene in closed session at 3:12 p.m. to consult with staff or
other individuals about pending or potential litigation, consult
with counsel to obtain legal advice and consider matters that
concern proposals for businesses or industrial organizations to
locate, expand, or remain in the State, all 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 5:26 p.m. Unanimously approved.
In closed session, the Commissioners consulted with counsel to
obtain legal advice on two (2) matters, consulted with staff or
other individuals about pending or potential litigation, and
considered matters that concern proposals for businesses or
industrial organizations 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; Richard Douglas, County Attorney;
Joni Bittner, County Clerk; John Martirano, Deputy County
Attorney; Duane Gigeous, Part-time Assistant County Attorney;
Tim Troxell, Director of the Economic Development Commission
(EDC); Cassandra Latimer, EDC Marketing Specialist; Douglas
Wright, EDC Board member; Carolyn Motz, Airport Manager; Phil
Ridenour, Director of Emergency
MARCH 9, 2004
PAGE SIX
Operations; Greg Larsen, Business Development Manager for the
Hagerstown Regional Airport; Debra Bastian, Director of Finance;
Gary Rohrer, Director of Public Works; and Stephen Goodrich,
Interim Planning Director.
RECESS
The Commissioners recessed at 5:26 p.m.
TAX SET-OFF MEETING – TOWN OF WILLIAMSPORT
The evening session was convened at 7:00 p.m. at the
Williamsport Town Hall by President Gregory I. Snook with the
following members present: William J. Wivell, Vice President,
and Commissioners James F. Kercheval, John C. Munson, and Doris
J. Nipps. Also present were Assistant Mayor Walter Tracy; and
Williamsport Town Council members Earle Pereschuk, Gloria
Bitner, James McCleaf, and Roxanne Long.
TAX SET-OFF PROGRAM
Commissioner Snook stated that, pursuant to Section 6-306 of the
Tax-Property Article of the Annotated Code of Maryland, the
Commissioners are required to meet with each municipality
annually to discuss the tax set-off program. He then reviewed
calculations for the services included in the program - parks,
highways, and police. Commissioner Snook stated that, for
Fiscal Year 2004, the Town is estimated to receive $51,397.
Commissioner Snook reminded the Mayor and Council that Town
employees are invited to utilize the safety programs offered by
the County. He stated that the Town might also want to
piggyback onto the County’s overlay contract. Commissioner
Snook indicated that the County has not yet heard whether there
would be Program Open Space funds available from the State this
year.
Adequate Public Facilities Ordinance
Commissioner Snook reviewed the County’s Adequate Public
Facilities Ordinance (APFO) with Town officials. He urged the
Town to adopt the County’s Ordinance or something similar to
address school capacity issues caused by growth in the Town.
Commissioner Snook explained that any fees collected by the Town
or on their behalf would be used for area schools and
infrastructure. The meeting was then opened for questions. The
Commissioners stated that County staff would be available to
discuss the APFO in more detail.
The Commissioners then discussed items of interest to the Town
officials. They asked whether the County would designate a
spring clean-up day at the landfill. Town officials also asked
for an update regarding the State deliberations regarding making
I-81 a toll road. The Commissioners provided an update and
suggested that they contact Delegate McKee’s office to obtain
additional information regarding this matter. Also discussed
were the Board of Education’s revised facilities use fees.
ADJOURNMENT
Motion made by Commissioner Nipps, seconded by Wivell, to
adjourn at 8:00 p.m. Unanimously approved.
,
County Administrator
_____________________________________,
County Attorney
___________________________,
County Clerk