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HomeMy WebLinkAbout040420 April 19, 2004 Hagerstown, Maryland A workshop meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:00 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. BUDGET WORKSHOP The Commissioners conducted a budget workshop to review a draft of the Fiscal Year 2005 General Fund budget. Debra Bastian, Director of Finance, reviewed Draft #1. She distributed graphs outlining the maintenance of effort funding for the Board of Education, the distribution of new money based on category, allocation of new revenue, and allocation of program expenditures. Ms. Bastian then reviewed the revised estimates of revenues and expenditures. She informed the Commissioners of increased revenue that the County would receive due to the passage of Senate Bill 508. She also provided a summary of the reductions made in expenditures to balance the budget. Ms. Bastian stated that the budget being presented is a balanced budget of $138,762,664. She stated that adjustments might have to be made if the State makes additional budget cuts. The meeting was then opened for questions and discussion. The Commissioners discussed the funding for nonprofit agencies. They agreed to have an in-depth discussion regarding the budget request made by the Humane Society. The Commissioners discussed copy/mail room services being provided to non-profit agencies. It was the consensus to phase out the provision of postage to these organizations, but agreed that Community Action Council and CASA may request an adjustment if necessary. The Commissioners agreed to use the funds from Senate Bill 508 for pavement maintenance ($500,000), Future Fund Balance Reserve ($737,000), and one-time capital costs not to carry beyond FY 2005 ($163,000) for a total of $1,400,000. The meeting was adjourned at 4:10 p.m. April 20, 2004 Hagerstown, Maryland 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 –APRIL 12 & 13, 2004 Motion made by Commissioner Wivell, seconded by Nipps, to approve the minutes of April 12, and 13, 2004, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps stated that she attended the Celebration of Business sponsored by the Economic Development Commission. She reported on two meetings of the Airport Commission and informed the Commissioners that Piedmont Airlines begins its service at Hagerstown Regional Airport on May 1. Commissioner Nipps reported on the groundbreaking ceremony for the runway improvement project and noted that Governor Ehrlich participated in the event. She informed the Commissioners that State funding for the runway improvement project has been accelerated to provide $8 million over 4 years, instead of eight years, which will be helpful for the County. Commissioner Nipps stated that she attended the Lincoln Day dinner. She also informed the Commissioners that she was APRIL 20, 2004 PAGE TWO notified that the new director of the Museum of Fine Arts is Joseph Ruzicka. Commissioner Munson compliment the Airport staff on the groundbreaking ceremony for the runway improvement project. Commissioner Kercheval reported on the meeting of the Public Golf Course Board. He stated that they are considering a lease arrangement for equipment replacement that would allow Black Rock to receive the equipment up front but pay for it over time. He asked if the Commissioners would consider a $250,000 loan to the Golf Course for the equipment with payment over five-years. Commissioner Kercheval stated that he would provide them with additional information for their review and then bring the matter back for consideration. He provided an update on the Board of Zoning Appeals’ (BZA) decision in the Younker case. John Martirano, Deputy County Attorney, stated that the BZA has not finalized its written opinion. Commissioner Kercheval reported that he attended the Celebration of Business, Lincoln Day dinner, Airport groundbreaking, and Mental Health Advisory Commission meeting. Commissioner Snook stated that he received correspondence from the Maryland Department of the Environment that Beaver Creek Country Club has requested an increase in the gallons of water per day it is permitted to use. The Town of Boonsboro has also requested an increase in its permit. He reminded the Commissioners that the Emergency Medical Services Heroes Awards Banquet is scheduled for May 14. Commissioner Snook stated that he received notification from the Department of Housing & Urban Development that a grant of $298,230 was awarded for construction of the new branch of the Smithsburg Library. He also informed the Commissioners that he received a letter from Mayor Breichner suggesting amendments to the Animal Control Ordinance. Commissioner Snook stated that the Memorial Day parade in Boonsboro is scheduled for May 30. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners of upcoming appointments on the Board of Zoning Appeals and the Planning Commission. He stated that Mike Thompson, new Director of Planning & Community Development, would be starting work on May 24. REVENUE ADJUSTMENTS FOR LANDFILL Debra Bastian, Director of Finance, and Robert Davenport, Director of Solid Waste Management, met with the Commissioners to discuss revenue adjustments for the landfill. Ms. Bastian stated that a shortfall of $169,022 remains under the proposed fee for the permit program. Ms. Bastian advised the Commissioners that she is proposing to decrease the $169,022 by reducing principal payments by $103,790 due to a reduction in the interest rate from Maryland Water Quality and recalculating the allocation of landfilling cost due to pre development and future site construction costs related to phase-in of the Full Cost Allocation Accounting Plan. The remaining shortfall would then be $18,516 or sixteen cents per ton. Ms. Bastian recommended approving the tipping fee as presented at $38.00 per ton without increases. She stated that this represents a flat fee for all tonnage with the exception of some miscellaneous items for the difference. Mr. Davenport reviewed the detailed fees and charges and provided an explanation for the changes. The meeting was then opened for questions and discussion. Discussion centered on the tipping fees and it was the consensus of the Commissioners to set the rate at $39 per ton with the understanding that it could be adjusted later if necessary. Mr. Davenport provided an idea of the market rates in the area. Motion made by Commissioner Wivell, seconded by Munson, to adopt the following fee schedule for advertisement for public hearing: Sanitary Landfill – General Refuse, Rubble and Building Debris and Discounted Fee (over 4,000 tons/per year) - $39/ton; Minimum Scale Charge - $5; Tires - $140/ton; Equipment tires and agricultural - $250; Asbestos - $130/ton; Sludge - $38/ton; High volume-low weight - $75/ton; Management/Inspection APRIL 20, 2004 PAGE THREE fee - $50/load; Solid Waste Collection Licensing Fee - $100/annual, small business $10/annual; Fill Dirt - $2.00/ton; Mulch - $15/ton (retail), $5/cubic yard (wholesale); Compost - $12/ton; and Residential permit fee: $120/year and Senior Citizes - $90/year. Motion carried with Commissioners Wivell, Munson and Snook voting “AYE” and Commissioners Nipps and Kercheval voting “NO.” PROCLAMATION OF RECOGNITION – FRED TEETER Commissioner Snook presented a proclamation to Fred Teeter who has served as President of the Hagerstown-Washington County Chamber of Commerce for the past 14 years. The Commissioners recognized Mr. Teeter for his extraordinary contributions as an advocate of business and community service and wished him luck in his new endeavor. Mr. Teeter thanked the Commissioners for the proclamation. PROCLAMATION – NATIONAL CRIME VICTIMS’ RIGHTS WEEK Commissioner Wivell presented a proclamation to Ken Long, State’s Attorney, Jill Ritter, Victim/Witness Coordinator, and the employees from the Victims’ Rights Unit of the State’s Attorney’s Office, designating the week of April 18-24, 2004, as National Crime Victims’ Rights Week and asking all citizens to join forces with victim service programs, criminal justice officials, and concerned citizens in this observance. Ms. Ritter thanked the Commissioners for the proclamation and informed the Commissioners of activities planned to commemorate National Crime Victims’ Rights Week. PROCLAMATION – FRATERNAL ORDER OF EAGLES, HAGERSTOWN AERIE #694 – ONE HUNDREDTH ANNIVERSARY Commissioner Kercheval presented a proclamation to Ed Shuda, Worthy President, and Paul Armstrong and Richard Moore, Past Presidents, representing the Fraternal Order of Eagles, Hagerstown Aerie #694, congratulating them as they celebrate their one-hundredth anniversary and recognizing the members for a long history of community service benefiting both local and national projects. Mr. Armstrong thanked the Commissioners and invited them to attend the anniversary celebration events. APPROVAL OF MINUTES – MARCH 30, 2004 Motion made by Commissioner Wivell, seconded by Nipps to approve the minutes of March 30, 2004, as amended. Unanimously approved. PUBLIC HEARING – REQUEST TO BE ADDED TO THE LIST OF NONPROFIT AGENCIES TO WHICH THE BOARD OF COUNTY COMMISSIONERS MAY CONTRIBUTE FUNDS The Commissioners convened a public hearing at 10:18 a.m. to hear comments regarding the request of the Greenberry Hills Residents Crime Watch, to be added to the list of nonprofit organizations to which the County Commissioners may contribute funds, pursuant to Section 1-108(b), Code of the Public Local Laws of Washington County, Maryland. Claire Mumma, President of the Greenberry Hills Residents Crime Watch, and Benjamin Chlebnikow, Treasurer, made a presentation to the Commissioners on the history and purpose of the group. Mr. Chlebnikow read a letter into the record from Deputy Holsinger of the Sheriff’s Department. He stated that the group would be making application to receive a determination of its tax-exempt status from the Internal Revenue Service. Ms. Mumma and Mr. Chlebnikow then answered questions from the Board. Commissioner Wivell suggested that they apply to the Gaming Commission for funding. Commissioner Kercheval suggested adding a line item in Sheriff’s Office budget for requests from neighborhood watch groups. The hearing was then opened for public comment. There was no one present who wished to comment. The hearing was closed at 10:31 a.m. The Commissioners agreed to take the request under advisement. CONSTRUCTION BID AWARD – GREENSBURG ROAD BRIDGE REPAIRS & CORRESPONDING BUDGET TRANSFER Motion made by Commissioner Wivell, seconded by Nipps, to award the contract for Greensburg Road Bridge Repairs to Building Systems, Inc., which submitted the low responsive, responsible bid of $143,760 (Alternate B) and to approve the corresponding budget transfer of $73,655 APRIL 20, 2004 PAGE FOUR from three CIP bridge projects (Harpers Ferry Road Culvert, Crystal Falls Drive Bridge and Scour Analysis). Motion carried with Commissioners Wivell, Nipps, Munson and Snook voting “AYE” and Commissioner Kercheval “ABSTAINING.” CITIZENS’ PARTICIPATION John Himes discussed several concerns with the Commissioners including the increase in the rate for landfill permit fees for senior citizens, highway issues, and the traffic signal at the intersection of U.S. Route 340 and Valley/Keep Tryst Road. David Shaool asked the Commissioners to consider allowing private construction inspections in Washington County in an attempt to avoid delays. Commissioner Snook informed him that the Commissioners are considering this for larger developments but that it has not been finalized at this time. GENERAL FUND BUDGET WORKSHOP The Commissioners continued discussions on the FY 2005 General Fund budget. Debra Bastian, Director of Finance, presented a proposal to offset the anticipated increase in debt service of $450,000 in FY 2006. Also discussed was the funding request for school bus replacement (11). They agreed to provide funding for ten buses each year for the Board of Education. In FY 2005, one of them would be funded through Senate Bill 508 funds. Ms. Bastian also addressed other questions from yesterday’s workshop meeting. Commissioner Munson proposed reducing the property tax rate by two cents and reducing the Board of Education’s allocation by $1.5 million to account for the corresponding loss in revenue. Motion made by Commissioner Nipps, seconded by Kercheval, to take the Fiscal Year 2005 General Fund budget to public hearing on May 4, 2004 as proposed by staff, with the adjustments made to date. Unanimously approved. CIP Budget The Commissioners then considered Draft #2 of the Capital Improvement Program (CIP) budget. They agreed to the proposed increase in pavement maintenance to $1 million. Ms. Bastian stated that she moved the radio communications project out one year to account for the loss in APFO revenue for schools that occurred due to a change in the formula. The Commissioners discussed the APFO revenue projections and the borrowing projections. The Commissioners discussed increasing APFO revenues back to the original projection. Ms. Bastian stated that she reallocated debt based on the new State funding regulations for school construction by assigning debt proceeds for schools and using excise and transfer tax revenues to pay for infrastructure and public safety. She indicated that this changes the mix and application of funding and how it is applied but not the total. RECESS – LUNCH The Commissioners recessed at 12:11 p.m. for lunch. AFTERNOON SESSION The afternoon session 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. PUBLIC HEARING – SUPPORT OF COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS FOR COMMUNITY ACTION COUNCIL AND COMMUNITY HOUSING RESOURCES Joe Kuhna, Community Development Administrator, appeared before the Commissioners to request their support to submit applications to the State Department of Housing & Community Development for Community Development Block Grant (CDBG) funds on behalf of the Community Action Council (CAC) and Community Housing Resources Board (CHRB). Mr. Kuhna stated that CAC is requesting a two-year grant totaling $30,000 and CHRB is requesting $60,000 over two years. He then fielded questions from the Commissioners regarding the applications and the funding process. The meeting was then opened for public comment. APRIL 20, 2004 PAGE FIVE Motion made by Commissioner Nipps, seconded by Munson, to approve the submission of Community Development Block Grant applications to the State Department of Housing & Community Development on behalf of Community Action Council and Community Housing Resources Board as requested. Unanimously approved. INTER-GOVERNMENTAL AGREEMENT FOR SUBSCRIPTION EMPLOYMENT TRANSPORTATION (JOBS PROGRAM) AND FY 2005 JOBS TRANSIT PROGRAM VEHICLE LEASES Motion made by Commissioner Wivell, seconded by Nipps, to approve the Intergovernmental Grant Agreement between the Maryland Department of Human Resources, the Washington County Department of Social Services and the County to provide for continued transportation services under the Subscription Employment Transportation Program (JOBS Program) for fiscal year 2005, and to approve the vehicle lease document for two accessible seven-passenger vans to provide continued transportation services under the Subscription Employment Transportation Program (JOBS Program) for fiscal year 2005 as outlined in the Inter-Governmental Agreement previously approved. Unanimously approved. BUDGET DISCUSSION – HUMANE SOCIETY OF WASHINGTON COUNTY Paul Miller, Executive Director of the Humane Society of Washington County (HSWC), Dana Moylan, President of the Board of Directors, and Tracey Bowman, member of the Board, met with the Commissioners to continue discussions regarding the funding request made by the Humane Society. Mr. Miller stated that, based on their formula, the percentage of animal control-related activities has increased from 70% to 84% of their expenses and the current payment from the County of $510,620 is only 49% of the total budget. The HSWC is proposing an increase of $789,380. Mr. Miller stated that the HSWC employs 20 full-time and 11 part-time employees and provided a breakdown in categories. He indicated that the proposal calls for an increase of six new positions (two officers, two animal care technicians, and two administrative positions). Mr. Miller and Ms. Moylan then answered questions from the Commissioners regarding the proposal. Ms. Moylan informed the Commissioners that she researched the matter of the animals accepted in the shelter from out of the County and found that this was not a significant percentage of the increase since most of the animals were the responsibility of the HSWC and not the County. Ms. Moylan stated that there was a ten percent increase in the number of animals received last year. She noted that the HSWC might take over administration of licensing and kennel permits from the County. She asked the Commissioners which services should be reduced in order to lower the budget. The Commissioners expressed concerns on the formula used and the increases in salaries. Commissioner Snook requested additional information on the 2003-04 numbers, information on cost per animal per day, number of after-hour emergencies, and salary information. They agreed to meet with them again in the next few weeks. Ms. Moylan asked the Commissioners to determine what level of care and priorities they are willing to fund. GENERAL DUTIES – WASHINGTON COUNTY DISTRICT COURT CONSTABLE POSITIONS Sheriff Charles Mades met with the Commissioners to discuss he possibility of assuming the duties of the District Court Constable positions. He introduced Administrative Judge Milner Roberts, and Ginny Danko, District Court Clerk. Sheriff Mades informed the Commissioners that Washington County is one of only two counties in the State that still utilizes a constable system. All of the other counties now utilize the Sheriff or police for process service. He stated that, with the recent passing of one of the constables, the District Court has asked the Sheriff to take over these duties. Sheriff Mades reviewed the general duties and outlined the estimated costs. He explained that, with the revenues received from the charges, the positions should be self-supporting. The projected annual revenue would be $21,267.45. Sheriff Mades indicated that he would attempt to hire retired police officers for this work. The meeting was then opened for discussion. APRIL 20, 2004 PAGE SIX Judge Roberts explained that the Chief Judge could require the County to assume these duties. The Commissioners expressed concerns over the reasoning behind the State dropping a program that is said to be profitable, as well as accepting the responsibility for all the expenses without having any authority to set fees to cover their costs. After discussion, the Board asked that the County Attorney’s Office research the matter. They also requested that District Court provide them with additional information regarding the history on the warrants served. CONVENE IN CLOSED SESSION Motion made by Commissioner Nipps, seconded by Munson, to convene in closed session at 2:46 p.m. to consider personnel issues that affect one or more specific individuals, 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 Wivell, seconded by Munson, to reconvene in open session at 3:51 p.m. Unanimously approved. In closed session, the Commissioners considered two (2) personnel issues that affect one or more individuals, consulted with counsel to obtain legal advice on two (2) matters, 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 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 W. Douglas, County Attorney; John M. Martirano, Deputy County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; and David Hankinson, Director of Human Resources. SITE VISIT – HANCOCK POND DAM BREACH AND STREAM RESTORATION The Commissioners visited the Hancock Pond, which was the site of a stream restoration project managed by the Washington County Soil Conservation District. Elmer Weibley, District Manager, informed the Commissioners that the Hancock Pond is the first of the stream restoration projects to be completed. The project also assisted the Town of Hancock by meeting the requirement imposed by the Maryland Department of the Environment that the 40-year old pond be breached due to its unsafe condition. Mr. Weibley also provided an update of the remaining projects at 40 West Landfill, Beaver Creek, and Black Rock Creek. TOUR – KIRKWOOD PARK The Commissioners met James Sterling, Director of Buildings, Grounds, and Parks, to tour Kirkwood Park in Hancock. Mr. Sterling stated that the Town of Hancock has requested that the County accept Kirkwood Park into the County parks system. Mayor Daniel Murphy has indicated that the Town could not afford to properly develop and maintain the park. Mr. Sterling informed the Commissioners that Kirkwood Park consists of 155.75 acres of which 130 acres are wooded and 25 acres are maintainable. It currently has five baseball/softball fields of which three are utilized. Mr. Sterling informed the Commissioners that the Recreation & Parks Board has endorsed this request. He also reviewed the fiscal impact of the improvements needed if the park is taken into the County system. RECESS - DINNER The Commissioners recessed at 6:00 p.m. for dinner which was hosted by the Town of Hancock. TAX SET-OFF MEETING – TOWN OF HANCOCK The evening session was convened at 7:00 p.m. at the Hancock Town Hall by President Gregory I. Snook with the following members present: William J. Wivell, Vice President and Commissioners James F. Kercheval, and Doris J. Nipps. APRIL 20, 2004 PAGE SEVEN TAX SET-OFF PROGRAM – HANCOCK AND CLEAR SPRING 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 setoff program. Commissioner Snook stated that, for fiscal year 2003, Hancock would receive $47,462. He also reviewed the summary and formula for highways, police, and parks. Commissioner Snook stated that the Town of Clear Spring would receive the minimum payment of $2,000. Also present were Hancock Mayor Daniel Murphy and Council members Darwin Mills, and Greg Yost; Clear Spring Mayor Paul Hose, Julianna Albowicz, Vice Mayor, and Council member Terry Baker. Commissioner Snook reminded the Towns that their employees are welcome at any County safety courses that are offered. He also provided an update on the overlay program and the County’s Internet web site. Adequate Public Facilities Ordinance Commissioner Snook reviewed the County’s Adequate Public Facilities Ordinance (APFO) with town officials. He urged the towns 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 Towns or on their behalf would be used for their 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 towns. Mayor Murphy asked the Commissioners for an update on Berm Road and when repairs would be made. He also asked if the municipalities would be able to rent voting machines for town elections. The Commissioners advised him to contact the Election Board regarding this matter. Mayor Murphy outlined some difficulties he has had with the Permits & Inspections Department. He also asked them to check into a report that Hagerstown Community College was discontinuing classes in Hancock. Mayor Hose provided updates on the water treatment plant project and new water tower in Clear Spring. He thanked the Board for the assistance of County employees on these projects. There was also a question from a citizen in attendance regarding the enterprise zone in Hancock. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Kercheval, to adjourn at 7:35 p.m. Unanimously approved. , County Administrator __________________________, County Attorney ___________________________, County