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February 15, 2005
Hagerstown, Maryland
The Commissioners met for breakfast with the Washington County
Volunteer Fire and Rescue Association. The Association members
discussed several issues with the Commissioners including the
Resource Task Force Report, training, funding issues, and task
force committee appointments.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 9:45 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 County Commissioner Gregory
Snook, followed by the Pledge of Allegiance to the Flag by the
full assemblage.
RENTAL ALLOWANCE PROGRAM (RAP) 2005 APPLICATION RENEWAL
Motion made by Commissioner Nipps, seconded by Wivell, to submit
an application to the State Office of Rental Services Programs
for the renewal of the Rental Allowance Program (RAP)
application for FY 2005 and Grant Agreement for an amount up to
$57,630. Unanimously approved.
CAPITAL IMPROVEMENT PROGRAM BUDGET DISCUSSION
Debra Bastian, Director of Finance; Gary Rohrer, Director of
Public Works; and Mike Thompson, Director of Planning, met with
the Commissioners to provide an initial overview of the 2007-
2011 Capital Improvement Program (CIP) budget for the
Commissioners’ review. Ms. Bastian emphasized that it is a draft
document and will require revisions before it is finalized for
consideration at the budget hearing. She reviewed the process
used and the revenues included in the draft.
Ms. Bastian informed the Commissioners that the first draft of
the FY 2006 CIP budget totals $59,698,887. She outlined the
funding sources to be used for the projects and noted that 10 of
the 12 revenue line items are restricted in use for particular
areas. The non-restricted revenues include the General Fund and
bond proceeds. Ms. Bastian stated that the revenue structure
assumes a major change in the excise tax structure based on
pending legislation, as well as some funding from recordation
tax from FY 2005 being brought forward to FY 2006. She then
reviewed the major changes from last year’s budget.
At this time, the Commissioners began a page-by-page review of
the specific projects requested in the general government
category.
The Commissioners agreed to continue the CIP budget review
following Citizens’ Participation.
CITIZENS PARTICIPATION
Tom Lynch, counsel for Westfields, LLC, which is developing a
400-acre housing subdivision in Washington County, requested
assistance in obtaining a grading permit for Section 3 of the
development. He reviewed the status of the project and stated
that he feels that they have done everything legally required.
The Commissioners stated that they would take the request under
consideration.
FISCAL YEAR 2006-2011 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET
PRESENTATION – CONTINUED
The Commissioners continued with the CIP review of specific
projects in the categories of drainage projects and road
improvement.
RECESS – LUNCH
The Commissioners recessed at 12:03 p.m. for lunch.
FEBRUARY 15, 2005
PAGE TWO
AFTERNOON SESSION
The afternoon session was called to order at 1:02 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.
ADDENDUM TO LEASE AGREEMENT – AGRICULTURAL EDUCATION CENTER
John Martirano, Deputy County Attorney, and Jim Sterling,
Director of Buildings, Grounds, and Parks, met with the
Commissioners to review the proposed addendum to the lease
agreement with University of Maryland System to expand the range
of permitted uses at the Agricultural Education Center and
obtain their approval.
Motion made by Commissioner Munson, seconded by Nipps, to
authorize sending the addendum to the lease agreement for the
Agricultural Education Center to the University Sysem of
Maryland for approval. Unanimously approved.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners
that the January Casual Day raised $351 for the Victory Junction
Gang Camp.
COMMISSIONERS’ REPORTS AND COMMENT
Commissioner Nipps informed the Commissioners that Claire Mumma,
a member of the Commission for Women, recently passed away. She
stated that the dedication ceremony for the Habitat for Humanity
house in Boonsboro was held last week. Commissioner Nipps
reported on the C-Safe strategic planning meeting.
Commissioner Munson stated that he feels the Commissioners
should attempt to lower the County’s real property tax rate to
the constant yield rate.
Commissioner Wivell reported on the meetings of the PenMar
Development Commission (PMDC) Finance Committee, the Economic
Development Commission (EDC), and the Water Quality Advisory
Commission. He stated that the EDC has scheduled the
Celebration of Business for April 6.
Commissioner Kercheval reported on the meetings of the EDC,
Maryland Association of Counties Legislative Committee,
University System of Maryland-Hagerstown marketing committee,
and the “2-Plus-2” Committee.
Commissioner Snook provided information from the Maryland
Association of Counties directory regarding the property tax
rate vs. the constant yield tax rate. He informed the
Commissioners that the University System of Maryland-Hagerstown
is planning a scholarship fundraiser for April 22. Commissioner
Snook stated that the Town of Funkstown has requested a
modification of its sewer permit from the Maryland Department of
the Environment (MDE). He informed the Commissioners that he
received notification from the MDE that Mack Trucks has
requested a permit to modify its gas boiler. It was the
consensus of the Commissioners not to ask for an informational
meeting on this request. Commissioner Snook also reported on
the increase in the fuel flow fees collected at the Regional
Airprot.
REPORTS FROM COUNTY STAFF
Dan DiVito, Director of Permits & Inspections, informed the
Commissioners that he is attempting to establish an
International Code Council (ICC) testing site in Hagerstown. He
stated that his department recently hosted a regional ICC
meeting at the University System of Maryland-Hagerstown.
MACK TRUCKS PROPERTY DEVELOPMENT ASSESSMENT
Tim Troxell, Executive Director of Hagerstown-Washington County
Economic Development Commission (EDC), and Robert Mandley, EDC
Project Coordinator, met with the Commissioners to request their
approval for the preparation of a Request for Proposal (RFP) for
a development assessment of approximately 100 acres of Mack
Trucks property. Mr. Troxell stated that the RFP would
determine if the concept is feasible to construct a
business/vendor park on the site and would include such items as
a
FEBRUARY 15, 2005
PAGE THREE
development assessment, site planning and cost analysis,
environmental impact, and traffic impact analysis. He stated
that it is anticipated that the Maryland Department of Business
& Economic Development would fund 70% of the estimated $25,000
cost. The meeting was then opened for questions and discussion.
Motion made by Commissioner Wivell, seconded by Kercheval to
accept the proposal made by the Economic Development Commission
to prepare a Request for Proposal (RFP) for a development
assessment for approximately 100 acres of Mack Trucks property,
with funding to be taken from the Commissioners’ Contingency
Fund. Unanimously approved.
PROPOSED AMENDMENT TO THE TIP JAR REGULATIONS OF THE WASHINGTON
COUNTY GAMING OFFICE
Jim Hovis, Director of the Gaming Office, and Richard Douglas,
County Attorney, met with the Commissioners to recommend an
amendment to the Gaming Regulations. The proposed amendment
would add a paragraph under Section 1-105, Tip Jar Operations,
prohibiting the operation of tip jars on property owned by the
Board of Education of Washington County. Mr. Douglas stated
that it is also prohibited in the State statute and this
amendment would bring the regulations into alignment. The
meeting was then opened for discussion and questions.
Motion made by Commissioner Nipps, seconded by Munson, to
approve the amendment to Section 1-105, Tip Jar Operations, to
prohibit the operation of tip jars on property owned by the
Board of Education of Washington County. Unanimously approved.
EMERGENCY SERVICES HAZARD PRE-MITIGATION PLAN
Verna Brown, Emergency Management Coordinator, informed the
Commissioners that the County Emergency Services Department has
obtained a grant from the Maryland Emergency Management Agency
to complete the Hazard Pre-Mitigation Plan. She provided the
Commissioners with a draft copy of the plan for their review.
Ms. Brown explained that the plan evaluates the hazards that
have the potential to impact the County and the municipalities
within the County. She stated that she would schedule time in
the future to request formal adoption of the plan.
REQUEST FOR FEE INCREASE – SEDIMENT AND EROSION CONTROL PLANS
Elmer Weibley, District Manager for Washington County Soil
Conservation District (WCSCD), appeared before the Commissioners
to request their approval of a proposed fee increase to cover
the costs associated with plan review and approval for sediment
and erosion control plans. Mr. Weibley stated that plans are
required for all construction activities that disturb 5,000
square feet of soil or more. The WCSCD is requesting fees based
on the amount of soil disturbance associated with each project.
He reviewed the current and proposed fee schedules. The meeting
was then opened for questions and discussion.
Motion made by Nipps, seconded by Kercheval, to approve the
request made by the Washington County Soil Conservation District
to adopt a revised fee schedule and resolution authorizing the
revised fee schedule for sediment and erosion control plans
required for construction activities that disturb 5,000 square
feet of soil or more. Unanimously approved. (A copy of the
adopted Resolution is attached.)
CLOSED SESSION
Motion made by Commissioner Munson, seconded by Nipps, to
convene in closed session at 2:41 p.m. to consider matters that
concern proposals for businesses or industrial organizations 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 Kercheval, seconded by Wivell, to
reconvene in open session at 3:10 p.m. Unanimously approved.
In closed session, the Commissioners considered a matter that
concerned a proposal for a business or industrial organization
to locate, expand, or
FEBRUARY 15, 2005
PAGE FOUR
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 M. Shoop, County Administrator; John
Martirano, Deputy County Attorney; Joni Bittner, County Clerk;
Gary Rohrer, Director of Public Works; Greg Murray, Director of
the Water Quality Department; and Tim Troxell, Executive
Director of the Economic Development Commission.
RECESS
The Commissioners recessed at 3:10 p.m.
JOINT MEETING WITH CITY OF HAGERSTOWN
The Commissioners met with Mayor William Breichner and City
Council members Linn Hendershot, Kristin Aleshire, Lewis
Metzner, Penny Nigh, and Carol Moller at City Hall at 4:00 p.m.
Tax Setoff – City of Hagerstown
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. He reviewed the
calculations made for the services included in the program -
parks, highways, and police. Commissioner Snook stated that,
for fiscal year 2005, the City is estimated to receive
$1,018,423.
Commissioner Snook reminded the Mayor and Council that City
employees are invited to utilize the safety programs offered by
the County. He stated that the City might also want to
piggyback onto the County’s overlay contract The Commissioners
.
commended the Mayor and Council for adopting an ordinance
similar to the County’s Adequate Public Facilities Ordinance for
schools. The group also discussed the proposed excise tax
legislation that is before the General Assembly.
Rodney Tissue, City Engineer, made a presentation on the plans
for the parking deck in the Arts and Entertainment District. He
provided a fact sheet and the proposed budget and financing plan
for the project. Mr. Tissue stated that the County had agreed
to provide $300,000 for the project in fiscal years 2004 and
2005, and the City is requesting an additional $300,000 in FY
2006. The meeting was then opened for questions.
In response to a question of Council member Nigh, the members of
the City/County “2+2” Committee outlined the issues they have
been working to resolve. Items include annexation, sewer
issues, revenue sharing, and the sewer allocation policy.
ADJOURNMENT
Motion made by Commissioner Wivell, seconded by Nipps, to
adjourn at 4:45 p.m. Unanimously approved.
,
County Administrator
County Attorney
________________________________,
___________________________,County
Clerk