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HomeMy WebLinkAbout050118 January 18, 2005 Hagerstown, Maryland The Commissioners toured the Fleetwood Travel Trailers Inc.’s Williamsport facility prior to the meeting. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 10:30 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 – JANUARY 11, 2005 Motion made by Commissioner Kercheval, seconded by Nipps, to approve the minutes of January 11, 2005, as amended. Unanimously approved. CITIZENS’ PARTICIPATION There was no one present who wished to comment. EXTENSION OF MORATORIUM ORDINANCE Richard Douglas, County Attorney, met with the Commissioners to discuss the Ordinance to Provide for the Extension of a Moratorium on Major New Residential Developments Outside the Growth Areas, which was extended on October 26, 2004 and is scheduled to expire on January 26, 2005. Mr. Douglas stated that although extensive discussions have been held and considerable progress made toward finalizing the amendments, it seems clear that additional time will be needed. Commissioners Wivell and Kercheval indicated that they have been working to resolve outstanding issues regarding an agricultural easement and preservation program and feel that 90 days would be sufficient time to finalize the details for adoption by the Commissioners. Motion made by Commissioner Nipps, seconded by Kercheval, to extend the Ordinance to Provide for a Moratorium on Major New Residential Developments Outside the Growth Areas entitled “Moratorium Extension Ordinance for Washington County, Maryland” for up to 90 days, with a review after the passage of sixty (60) days, with the understanding that the moratorium will be terminated sooner if possible, in order to allow time to adopt a plan dealing with agricultural preservation and compensation. Motion carried with Commissioners Nipps, Kercheval, Wivell, and Snook voting “AYE” and Commissioner Munson voting “NO.” COMMUNITY-BASED CORRECTIONS PROGRAM – LEGISLATIVE PROPOSAL Mr. Douglas informed the Commissioners that Sheriff Mades has requested that an additional item be included in the legislative package to the Local Delegation to the General Assembly to allow more inmates into the home detention and work release programs than are now permitted. He stated that the Sheriff believes the current language is too restrictive and eliminates many good candidates because they have minor charges pending in other jurisdictions. Mr. Douglas explained that the amended statute would retain existing prohibitions against the release of those convicted of crimes of violence, child abuse, and escape. An amendment could be added to allow the Sheriff or his designees to deny admission to any inappropriate candidate as an additional safeguard. The Commissioners supported the Sheriff’s request with the additional amendment. Motion made by Commissioner Nipps, seconded by Kercheval, to include the amendments to the community based corrections program to the legislative package for the Washington County Delegation as requested by Sheriff Mades. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that he met with representatives from Antrim Township in Franklin County, Pennsylvania, regarding the installation of a traffic signal at Mason Dixon Road and Citicorp Drive. He stated that this portion of the road is in Pennsylvania. Mr. Shoop informed the Commissioners that CHIEF JANUARY 18, 2005 PAGE TWO would facilitate and bid the project. A meeting has been tentatively scheduled with the members of the Antrim Township council on issues of joint interest. Mr. Shoop informed the Commissioners that County employees held two special Casual Day programs and raised $260 for a special trust fund for the children of Brent McKoy, a Hagerstown City Policeman whose wife died suddenly, and over $1800 for the American Red Cross’s tsunami relief fund. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval reported on the budget meeting of the Public Golf Corporation and distributed a copy of the rates of other golf courses in the area. He stated that he met with the Boonsboro Community Action Committee regarding growth issues and the proposed excise tax legislation. Commissioner Kercheval reported on the meetings of the Economic Development Commission and the “2 + 2” Committee. Commissioner Munson reported on the Washington County Housing Authority meeting. Commissioner Nipps reported on the meetings of the Commission for Women and Area Agency on Aging Advisory Council. Commissioner Snook informed the Commissioners that he received a letter from the Mayor of Boonsboro requesting that the County abate the landfill fees for an expansion project underway at Shaffer Park. He stated that the material is from a barn that is being torn down. The Commissioners asked the County Administrator to contact the Town Manager for more details to determine if the barn could be sold or disposed of in another manner. Commissioner Snook stated that he attended the Williamsport Volunteer Fire Company’s annual banquet. He also reported on the meeting with the Boonsboro Area CAC. The Commissioners agreed to discuss a letter regarding the marketing proposal for the University System of Maryland at a later date. Mr. Shoop informed the Commissioners that the County has not yet selected an electric provider and hopes to do so by March. Commissioner Snook provided information on growth and home prices in Loudoun County, Virginia. REPORTS FROM COUNTY STAFF Joe Kroboth, Director of the Emergency Services Department, reported that they are in the early stages of planning for a disaster drill to be held in the County. He stated that the committee on radio communications held a progress meeting. Mike Thompson, Director of Planning, informed the Commissioners that the Kaizen event was held at the Planning Department last week and, after the follow-up meetings are held, a presentation will be made to the Commissioners on the findings. MARYLAND WATER QUALITY REFINANCING LOAN FOR SOLID WASTE Debra Bastian, Director of Finance, met with the Commissioners to request approval for the Finance Department to pursue a Maryland Water Quality (MWQ) refinancing loan for solid waste projects. She stated that the MWQ is considering allowing the County to refinance the Resh Landfill capping project for all eligible costs as a taxable loan. Since part of the project was paid for with pay-go funds, a portion of the loan would be used to refinance bonds and the remaining portion would be used to fund the 2006 capital improvement program (CIP) for General Fund projects. The interest rate of the MWQ loan would be approximately 1.1 percent plus the administration fee. Ms. Bastian stated that the County could take advantage of the lower interest rate funding by increasing the MWQ loan for the pay-go funding portion of the loan eligible costs and this would allow them to borrow less in general obligation bond funds in 2006. She reviewed the projects that would be refinanced and stated that the total loan would be for approximately $6,937,745. The meeting was then opened for questions and discussion. Motion made by Commissioner Nipps, seconded by Munson, to give their approval to permit the Finance Department to pursue a Maryland Water JANUARY 18, 2005 PAGE THREE Quality refinancing loan for the solid waste projects as presented. Unanimously approved. RECESS – LUNCH The Commissioners recessed at 11:47 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:16 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. THIRD PARTY INSPECTION PROGRAM Dan Divito, Director of Permits and Inspections; Mike Thompson, Director of Planning; and Angela Smith, Deputy Director of Permits & Inspections met with the Commissioners to request approval of a third-party inspection program. Mr. Divito proposed that, under certain circumstances, inspections normally performed by the Department of Permits & Inspections would be done by licensed, certified independent professional inspectors. These inspectors would be employed by the contractor or developer and required to meet certain qualifications, file the approved forms, and be subject to random monitoring by the Department. Mr. Divito reviewed the procedures to be followed and the certification program. He indicated that the staff would like to limit this program initially to commercial inspections. The meeting was then opened for questions and discussion on the proposal. It was the consensus of the Commissioner to authorize staff to proceed with the program for commercial only at this time. Mr. Divito indicated that they hope to have it in place by March following the legal review. MEMORANDUM OF UNDERSTANDING – HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT Motion made by Commissioner Kercheval, seconded by Munson, to authorize the Department of Emergency Services to execute a Memorandum of Understanding with the Maryland Emergency Management Agency for a Hazardous Materials Emergency Preparedness Grant and accept $12,000.50 in grant funding to train emergency responders in hazardous materials awareness, conduct a tabletop or full-scale exercise to test the local emergency operations plan and hazardous materials response plan, and authorize the Department of Emergency Services to execute a Memorandum of Understanding with the Maryland Institute for Emergency Medical Services for an Emergency Medical Dispatch Training Grant to accept $5,263 in grant funding to provide new certification and recertification of emergency medical dispatchers. Unanimously approved. REZONING APPLICATION RZ-04-002 (JOANNE, DOUGLAS, AND PATRICIA LEAZIER) Motion made by Commissioner Munson, seconded by Kercheval, to adopt the findings of fact for rezoning map amendment RZ-04-002 (Joanne, Douglas, and Patricia Leazier) and articulation of reasons, finding that the applicant has made a convincing demonstration that the proposed rezoning from Agricultural to Business General would be appropriate and logical for the subject property, and to grant the requested rezoning. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 2:08 p.m. to discuss a personnel issue, consult with counsel to obtain legal advice, and discuss collective bargaining issues 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 Munson, to reconvene in open session at 2:43 p.m. Unanimously approved. JANUARY 18, 2005 PAGE FOUR In closed session, the Commissioners discussed one (1) personnel issue, consulted with counsel to obtain legal advice regarding one (1) matter, and discussed collective bargaining issues. 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 M. Shoop, County Administrator; Richard Douglas, County Attorney; John Martirano, Deputy County Attorney; Joni Bittner, County Clerk; David Hankinson, Director of Human Resources; and Kevin Cerrone, Transportation Manager. WORKSHOP SESSION – BUILDING EXCISE TAX The Commissioners held a workshop session at 2:50 p.m. regarding the request to the Washington County Local Delegation to the General Assembly to remove the present ceiling on the building excise tax rate of $1.00 per square foot as of July 1, 2005. Richard Douglas, County Attorney, reviewed background information regarding the excise tax and the differences in the way the excise tax and Adequate Public Facilities Ordinance (APFO) can be utilized. Commissioner Kercheval stated that the Delegation wants to consider the excise tax legislation in the near future and has asked that the Commissioners determine a cap on the amount charged before they proceed. The Commissioners agreed to meet with the Delegation on January 26 in Annapolis. Commissioner Kercheval stated that he has been meeting with members of the Washington County Homebuilders Association (HBA) and they have discussed using a flat fee rather than a square footage formula per home. He also reviewed the projected revenues from collection of the excise tax. After discussion, it was the consensus of the Commissioners to agree to a cap of $13,000 per single-family home, and $15,500 per multi-family home for presentation to the Delegation. The funding would be reserved as follows: $9,000 – schools, $3,000 – roads, $1,000 - libraries, public safety, and parks. Debi Turpin, Executive Director of the HBA, stated that a $.75 per square foot cap for non-residential has been proposed for roads only. The Commissioners agreed that they need additional information and decided to postpone discussion on this item. RECESS The Commissioners recessed at 3:56 p.m. EVENING SESSION – TOWN OF WILLIAMSPORT The evening session was called to order at 7:00 p.m. at the Williamsport Town Hall by President Gregory I. Snook, with the following Commissioners present: Vice President Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present were Williamsport Mayor John Slayman, and Council members Walter Tracey, Roxanne Long, James McCleaf, Gloria Bitner, and Earle Pereschuk. Tax Setoff - Williamsport 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 2005, Williamsport would receive $51,855. He also reviewed the summary and formula for highways, police, and parks. Commissioner Snook informed the town officials that their employees are welcome to participate in any of the safety training sessions sponsored by the County. He stated that the Town might also want to piggyback onto the County’s overlay contract. Commissioner Snook urged the towns to adopt an Adequate Public Facilities Ordinance or something similar to the County’s Ordinance to address school capacity issues caused by growth in the towns. The Commissioners also outlined the difference between the APFO and the excise tax. The meeting was then opened for questions and discussion on the APFO and proposed excise tax legislation. JANUARY 18, 2005 PAGE FIVE The Commissioners then discussed items of interest to the town officials and citizens in the area . ADJOURNMENT Motion made by Commissioner Nipps, seconded by Wivell, to adjourn at 7:30 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk