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December 16, 2004
Hagerstown, MD 21740
Joint Meeting with the Washington County Delegation to the
General Assembly
A special meeting of the Board of County Commissioners and
Hagerstown Mayor and City Council was called to order at
11:00 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. Also present was Mayor William Breichner and
Council members Lewis C. Mentzer, Carol N. Moller, Kristin
B. Aleshire, Penny M. Nigh, and N. Linn Hendershot.
Members of the County Delegation in attendance included
Senators John Hafer and Alexander Mooney and Delegates
Robert McKee, Christopher Shank, Richard Weldon, and Leroy
Myers.
Joint Item – Building Excise Tax Revision
Commissioner Snook stated that the County is requesting
that the present ceiling on the building excise tax rate of
$1.00 per square foot be lifted as of July 1, 2005, which
would reduce or eliminate reliance on the Adequate Public
Facilities Ordinance (APFO) for revenues for public
infrastructure. He informed the Delegation that APFO fees
are being collected to assist with school construction
costs and, if this request is approved, the County would
then utilize the excise tax fees for school construction
costs. Commissioner Snook thanked City officials for
recently enacting an impact fee for schools.
Commissioner Snook reported that the County is only
projected to receive $2.8 million from the State in 2005
for school construction funding. Commissioner Kercheval
reviewed a spread-sheet proposing how the revision in
excise tax fees would generate additional funding for items
such as schools, roads, libraries, emergency services, and
parks. He also outlined the County’s Capital Improvement
Program (CIP) requirements and how the excise tax would be
applied. Commissioner Kercheval stated that the excise tax
fee revenues could be distributed on a more equal basis
county-wide than the APFO fees. Mayor Breichner indicated
that this request has the support of City officials as
well. The meeting was then opened for questions and
discussion. Delegate Shank asked that the final proposal
be provided to them in early January in order to allow
public comment at the hearing scheduled for January 8.
City Council members informed the Delegation that they are
awaiting the results of a study they commissioned on growth
in Hagerstown and its impact. The Delegation indicated
that they would be willing to be flexible but that there
has to be some predictability. Commissioner Snook stated
that the biggest variable is the state funding for future
school construction. The Commissioners agreed to consider
models that other counties have in place.
Commissioner Snook then briefly reviewed the following
items the Commissioners are requesting:
False Alarms
Sheriff Mades requested legislation authorizing the Board
of County Commissioners to adopt a system to regulate
residential and commercial burglar alarms. He stated that
some type of system is needed to hold the owner responsible
for invalid calls, and indicated that an exorbitant amount
of time is taken in responding to false alarms.
Salary Study Commission Recommendations
Recommendations for salary increases for the Sheriff, Board
of Education, and substitute members of the Board of
Election Supervisors. Amend the Salary Study Commission
statute to provide a replacement for the now defunct
Washington County Taxpayers Association and for
recommendations as to the salaries of the County
Commissioners to be sent directly from the Commission to
the Delegation.
Weed Control
Clarify the County’s authority to regulate weeds and
provide for the imposition of liens to pay for the cost of
county weed control when the property owner fails to comply
with the requirements of the ordinance.
DECEMBER 16, 2004
PAGE TWO
Animal Control Ordinance
Clarify the County’s authority to charge violations of the
Animal Control Ordinance as municipal infractions. Provide
for criminal enforcement of the Animal Control Ordinance.
Purchasing/Procurement
Provide additional flexibility in the County purchasing law
by allowing procurement by negotiation in certain emergency
circumstances, among others.
Electrical Board
Clarify the regulatory authority of the Electrical Board.
The Commissioners also expressed their support for a fifth
Circuit Court judge, transfer of the Agricultural Education
Center property to the County, operational funding for the
University Systems of Maryland Hagerstown campus, and
legislation to clarify the New Jobs Tax Credit.
Commissioner Snook stated that supporting documentation is
included in the packet for each item.
City of Hagerstown Requests:
Mayor Breichner then reviewed the following City requests:
1)Central Booking
2)USMD Operating Funds
3)Edgewood Drive/Dual Highway Intersection
Improvements
4)Hotel Room Tax
5)School for the Arts
6)Bond Projects
7)Maryland Municipal League priorities
8)House Bill 258 – Special Taxing Districts
9)Washington County Free Library – support for
expansion
10)Licensing of Taxi Operators
11)Support Associated Builders & Contractors request
to oppose the “Best Value” bill
12)Malpractice Insurance – resolve issues
Delegate Shank stated that the agricultural community has
requested that an Agricultural Marketing Specialist be
hired. He indicated that this position could be under the
control of the Convention & Visitors Bureau or hired as a
Washington County employee. Delegate Weldon urged the
County to take on the position and outlined the benefits to
the County.
The meeting was adjourned at 12:41 p.m.
,
County Administrator
,
County Attorney
___________________________,
County Clerk