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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