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HomeMy WebLinkAbout050405 April 5, 2005 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 – MARCH 29, 2005 Motion made by Commissioner Kercheval, seconded by Munson, to approve the minutes of March 29, 2005, as presented. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employees Becky Maginnis (Human Resources) and Stephen Teagarden (Emergency Management Project Aware). The Commissioners welcomed the new employees and wished them well in their new positions. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval informed the Commissioners that he and several staff members from the Planning Department met with the consultant regarding the transportation study. He provided a report on the Planning Commission meeting. Commissioner Kercheval reported that the Planning Commission unanimously recommended denial of the Mellott Quarry rezoning requrest due to compatibility issues with the surrounding area. He stated that there was also a consultation on the Mt. Aetna Farms development. Commissioner Kercheval informed the Commissioners that he was contacted by a developer of a small-lot subdivision who had been granted permission to pay the required APFO fee at the time of application for building permit. The APFO fee at that time was $7,355 per unit but has since been raised by the Commissioners to $8,500. The gentleman has not yet paid the fee but feels he should still be able to pay the $7,355 rate if he pays before the excise tax fee goes into place. After discussion, it was the consensus of the Commissioners that, if there is no written agreement, the fee in place at the time of application for building permit is the amount that must be paid. Commissioner Kercheval expressed his appreciation to the Hagerstown Mayor and Council for voting to keep the APFO school fees in place. Commissioner Wivell reported on the Greenberry Hills Neighborhood Watch meeting. He stated that he attended last night’s Planning Commission meeting. Commissioner Munson informed the Commissioners that a letter of appreciation was received from the Victory Junction camp for the donation from the County’s Casual Day event. He announced that his first grandson, Matthew John, was born on Friday night. Commissioner Nipps reported on the Community Action Council meeting. She stated that she attended the dedication of the universally-designed house, which was constructed by Habitat for Humanity and sponsored by MIHI. The dedication for the house sponsored by John and Teresa Barr will be held on Sunday. Commissioner Snook stated that he received information from Senator Munson regarding two different versions of legislation for additional school construction funding. He indicated that the County would not receive any additional allocation under the Senate version of the legislation. Commissioner Snook reported on the Chamber of Commerce Board meeting. He stated that he attended the open house for Bill Bowen’s new appraisal office and the MACo Executive Board and Legislative Committee meetings. He reviewed the status of legislation that is of interest to Washington County. Commissioner Snook stated that reductions in highway user revenues are expected again this year. APRIL 5, 2005 PAGE TWO REPORTS FROM COUNTY STAFF Joe Kuhna, Real Property Administrator, requested permission to declare the old Detention Center site located on West Church Street in Hagerstown as surplus property and allow him to place it on the market. He stated that there is a 30 x 50’ concrete building on the quarter acre site. After discussion, it was the concurrence of the Commissioners to declare the property as surplus and market it for sale. Joe Kroboth, Director of the Department of Emergency Services, informed the Commissioners that he would be appearing before the Emergency Numbers Board to request funding for a $2.1 million project to have aerial photographs taken of the three Western Maryland Counties and develop mapping for use in the new wireless 911 system. Debra Murray, Director of Finance, introduced staff members Terri Shoemaker-Kreit and Jeannine Klein, who worked on the project to allow utility customers to pay their bills by credit card. Ms. Shoemaker-Kreit provided an update on the project and stated that they “went live” last week. She stated that they are also working with the Permits & Inspections Department to allow the Permit Technicians to enter credit card payments manually on the Internet. The Commissioners asked for additional information on the discounts given for volume with the credit card processing company. EXTENSION OF THE MORATORIUM ORDINANCE John Martirano, 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 January 18, 2005 and is scheduled to expire on April 18, 2005. Mr. Martirano stated that it appears additional time will be needed to address the various issues relating to the proposed Comprehensive Rezoning. Mike Thompson, Director of Planning, stated that County staff has drafted a revised APFO section for schools based upon Frederick County’s APFO model and he has not yet received comments on it from the Board of Education. Mr. Thompson stated that the Board of Education has indicated it would be proposing revisions to the initial draft. He also informed the Commissioners that a public hearing would be required if they wish to amend the APFO. Mr. Thompson stated that the Commissioners have the authority under the APFO to limit building permits and recordation of lots if they chose to limit development. Commissioner Nipps said that she would like to have this issue resolved by June 1. Mr. Thompson stated that additional hearings might be required. The Commissioners requested Mr. Thompson to return next week with specific recommendations. WORKSHOP – IMPACT OF PROPERTY ASSESSMENTS Rodney Shoop, County Administrator, stated that, in accordance with the requirements of House Bill 1272, the Commissioners are required to develop a plan to “analyze and study how the population growth rate in Washington County is impacting property assessments on the taxpayers of Washington County.” He noted that House Bill 1272 (unofficial) also requires a study of property assessments regarding the impact on the availability of workforce housing, senior citizens and urban revitalization, and the impact of the building excise tax on workforce housing. The bill also requires that the Commissioners consider various means of encouraging the development of workforce housing and decreasing the property tax burden on the citizens. Mr. Shoop informed the Commissioners that at least one public hearing must be held on the issues and a final report submitted to the local delegation on or before November 1, 2005. Mr. Shoop reminded the Commissioners that Goal #3 of their 2005 goals is to “Appoint a task force to develop recommendations to address affordable housing.” The Commissioners discussed the make-up of the task force. They proposed a committee including representatives from the City of Hagerstown, Housing Authority, development community, citizens at large, County APRIL 5, 2005 PAGE THREE departments, and other stakeholders. The Commissioners agreed that the task force should develop its agenda items and should be a manageable size of not more that 15 members. The Commissioners agreed that property tax assessments and workforce housing were two separate issues. Richard Willson, Director of Housing & Community Development, outlined some of the programs in place for low-income housing. He stated that ideally they should be integrated into the County as much as possible and that zoning could be used as a tool. Commissioner Kercheval stated that language could be included in the PUD requiring that workforce housing be included. Commissioner Munson suggested that the County sub-contract the work and have affordable housing units built. The Commissioners asked for additional information on the Homestead Tax Credit program and the ways it could be expanded as well as information on the current State tax credit program. They agreed that Todd Hershey, County Treasurer, Tim O’Rourke, Director of Assessments, and Ron Bowers, Director of the Appeals Tax Board should be included to study property tax assessments. They also agreed that several County staff members should be included and asked that recommendations be reviewed at next week’s meeting. CITIZENS PARTICIPATION Tom Berry discussed several items of concern, including rural area zoning and devaluation of land through downzoning. He also read language from a Supreme Court case, which he feels is applicable to this situation. Jerry Ditto expressed concern that the Commissioners are considering using the Adequate Public Facilities Ordinance in an attempt to direct growth. Dave Herbst, Chair of the Agricultural Land Preservation Advisory Board, and Priscilla Harsh, President of the Washington County Farm Bureau, referenced areas in the Comprehensive Plan pertaining to agricultural land preservation. They requested that the Commissioners establish a plan to preserve agricultural land by December to allow time to request enabling legislation during the 2006 General Assembly Session. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, reported on his quarterly meeting with the Antrim Township staff. He stated that they would schedule a meeting to include elected officials when the issue is resolved with regard to the traffic signal at Citicorp. The Commissioners discussed a citizen’s complaint regarding the location of the sidewalk in front of his home and his request that it be relocated. John Martirano informed the Commissioners that he had reviewed the matter and determined that, although the Commissioners do not have the authority to alter a previous Planning Commission decision such as this, they could request the Planning Commission to revisit the issue. He stated that there could also be issues with adjacent homeowners if the sidewalk is relocated. The homeowners association in the development did not take a position on this matter. After discussion, it was the consensus of the Commissioners not to ask the Planning Commission to revisit the issue. APPOINTMENT – ANTIETAM BATTLEFIELD ADVISORY COMMITTEE Motion made by Commissioner Munson, seconded by Nipps, to appoint Louis Clark to the Antietam Battlefield for a three-year term, beginning June 1, 2005. Unanimously approved. APPOINTMENT – ADVISORY COMMISSION TO THE BOARD OF HEALTH Motion made by Commissioner Munson, seconded by Nipps, to appoint Dale Bannon to the Advisory Commission to the Board of Health for a three-year term. Unanimously approved. APRIL 5, 2005 PAGE FOUR APPOINTMENT – MENTAL HEALTH AUTHORITY Motion made by Commissioner Nipps, seconded by Kercheval, to Nipps, to appoint Charlton “Tony” Reeder to the Board of Directors of the Mental Health Authority for a three-year term. Unanimously approved. WESTFIELDS SUBDIVISION – PROPANE DISTRIBUTION SERVICE Kirk Downey, Assistant County Attorney, informed the Commissioners that Thompson Distribution, Inc. has requested permission to construct a propane distribution service in the Westfields Subdivision. He reviewed a proposed Order that would allow them to proceed with the approval of the plans by the Division of Public Works. The Order also requires that Thompson restore any affected County right-of-way to a condition substantially similar to its condition prior to the installation activities. John Martirano, County Attorney, stated that the Annotated Code of Maryland requires the Commissioners’ consent before a gas company can put pipe in a County right-of-way. The meeting was then opened for questions. The Commissioners made minor revisions to the document and asked for additional information before making a decision on this matter. GRANT APPLICATION – GOVERNOR’S OFFICE OF CRIME CONTROL AND PREVENTION Motion made by Commissioner Nipps, seconded by Wivell, to approve the submission of a grant application in the amount of $50,500 to the Governor’s Office of Crime Control and Prevention for the salary of the work crew supervisor and the purchase of a crew cab pick-up for the Alternative Sanctions program. Unanimously approved. PURCHASE RECOMMENDATION – 19,000 LB GVW DUMP TRUCK Motion made by Commissioner Munson, seconded by Nipps, to approve the recommendation and Resolution to purchase a 19,000 lb. GVW dump truck from Norris Ford for $38,906 by utilizing the Montgomery County, Maryland, Off-the-Lot Contract in accordance with the terms and conditions of that contract. Unanimously approved. LOCAL EMERGENCY PLANNING COMMITTEE – HOME CHEMICAL SAFETY PROCLAMATION & POSTER CONTEST AWARD WINNERS Commissioner Snook and Mayor William Breichner presented proclamations to Joe Kroboth, Director of Emergency Services, and Bill Shawley, representating the Local Emergency Planning Committee (LEPC), designating the week of April 3-9, 2005, as Home Chemical Safety Week in Hagerstown and Washington County and commending this observance to all citizens. The Commissioners thanked Verna Brown, Emergency Management Coordinator, for her work with the program. Mr. Kroboth and Verna Brown, Chair of the Educational Committee of the LEPC, stated that 16 elementary schools participated in the program – Bester, Boonsboro, Clear Spring, Eastern, Emma K. Doub, Hancock, Hickory, Lincolnshire, Maugansville, Old Forge, Pangborn, Paramount, Pleasant Valley, Potomac Heights, Sharpsburg, and Smithsburg Elementary Schools. Mr. Kroboth outlined the program curriculum, which was presented to 1,000 fourth grade students in the County. Ms. Brown informed the Commissioners that the Washington County Volunteer Fire & Rescue Association provided lunch for all of the contestants. They also expressed appreciation to all of the local businesses that participated in the event. Commissioner Snook presented awards to the winners of the Home Chemical Safety poster contest. The first place winner was Emily Harvey (Hancock Elementary), the second place winner was Sarah Elwood (Clear Spring Elementary), and the third place winner was Clay Thomas (Maugansville Elementary). The winners received U.S. Savings Bonds from the Washington County Volunteer Fire & Rescue Association, gift certificates, and backpacks containing gifts from local businesses. All three of the winning schools will receive ice cream parties for their fourth grade classes. Ms. Brown thanked the local businesses that helped sponsor the event. RECESS – LUNCH The Commissioners recessed at 11:52 a.m. for lunch. APRIL 5, 2005 PAGE FIVE AFTERNOON SESSION The afternoon session was called to order at 1:05 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 - MODIFICATION AND ESTABLISHMENT OF WATER & SEWER RATES AND FEES FOR FY 2006 A public hearing to consider the proposed rates for water and sewer service for FY 2006 was called to order at 1:05 p.m. Greg Murray, Director of the Water Quality Department, reviewed the recommendation for a 2% revenue increase in water and sewer funds. Mr. Murray explained that the required increase had been reduced from a 3% requirement that was originally projected last year, to the current 2% requirement. He stated that the average residential customer would pay $2.33 more per quarter for sewer service and $0.72 per quarter for water service. Mr. Murray informed the Commissioners that the recommendation is based on the Black & Veatch model. The Commissioners discussed the recommendations and options presented. The hearing was then opened for public comment. There was no one present who wished to comment. Mr. Murray informed the Commissioners that an Infrastructure Management Program Fee and Infrastructure Development Plan Fee ($1,000/EDU) is also being recommended. He stated that these fees would be used to offset infrastructure development/improvement costs required to insure available capacity, and to offset the administrative personnel costs associated with operating the program. The public hearing was adjourned at 1:11 p.m. Motion made by Commissioner Wivell, seconded by Kercheval, to adopt the resolution modifying the water and sewer rates and allocation fees for fiscal year 2006 as presented at the public hearing for a two percent revenue increase and to institute an Infrastructure Management Program Fee and Infrastructure Development Plan Fee as proposed. Unanimously approved. (A copy of the approved resolution is attached.) BUDGET WORKSHOP – SALARY AND BENEFITS RECOMMENDATIONS David Hankinson, Director of Human Resources, met with the Commissioners to present salary and benefits recommendations for the fiscal year 2006 budget. Mr. Hankinson provided statistics on employment activity for 2004. He recommended an increase of 4% for the merit increase budget and provided information on increases being given by other companies in the area. Mr. Hankinson recommended a 2% cost of living increase for retirees. Mike Marchini, Senior Employee Benefits Consultant with CBIZ/BGS&G, participated in the discussion regarding County health insurance benefits. Mr. Hankinson reviewed the County’s prescription drug program and recommended no changes in the plan this year. He recommended a small change in the employee costs for health care in FY 06. Mr. Hankinson also outlined pro- active steps the County has taken this past year including holding a wellness fair for employees, purchasing wellness literature for distribution, and working with Health-At-Work to provide employees with educational awareness on health related issues. Mr. Hankinson stated that plans are also in the works to develop a Wellness Challenge to encourage healthier lifestyles. Mr. Hankinson reviewed the workers compensation claims history. Mr. Hankinson recommended making changes in the following personnel policies: 1) Tuition Reimbursement Program - to make the program more accessible and attractive for employees to utilize. He proposed an increase in the amount of annual reimbursement that employees are eligible to receive from $1,000 to $2,500 based on the successful completion of the course at a “C” or above. 2) Short-term Disability Policy – increase the maximum amount of weekly compensation that employees are eligible to receive from $400 to $500. 3) Wage and Salary Classification Program – to begin a formalized process that would insure that every job is reviewed once every three years. This would be done APRIL 5, 2005 PAGE SIX with internal staff and eliminate the need to hire consultants to do salary studies. Another change recommended is to increase the amount that employees are eligible to receive when they agree to a leadership role. 4) Job Posting Policy and Procedure – formalizes the language that is currently in the employee handbook and provides specific circumstances when a job can be posted both internal and external concurrently, and presents instances when a job posting would not be done. The Commissioners discussed the changes and directed that jobs be posted in all instances. Also included for their review was the Actuarial Valuation report for the retirement plan for plan year beginning July 1, 2004. The Commissioners took the recommendations under consideration. Mr. Hankinson stated that he would be presenting the personnel requests at next week’s meeting. CONTRACT RENEWAL – TRASH REMOVAL SERVICES AT COUNTY FACILITIES Motion made by Commissioner Kercheval, seconded by Nipps, to renew the contract of the original sole bidder, BFI Waste Services, LLC for trash removal services at twenty (20) County facilities with the requested two percent price adjustment above the current pricing. Unanimously approved. CONTRACT RENEWAL – PLUMBING & HEATING MAINTENANCE SERVICES Karen Luther, Purchasing Agent, recommended renewing the plumbing and heating maintenance contract with Beaver Mechanical Contractors, Inc., based on the increased proposed in its March 16, 2005 letter. After review, the Commissioners asked for additional clarification in the hourly rate increases being proposed for regular working hours before taking action on the request. Ms. Luther agreed to contact Beaver Mechanical for clarification and bring the matter back for consideration at next week’s meeting. CONTRACT RENEWAL – ELECTRICIAN SERVICES AT COUNTY FACILITIES Motion made by Commissioner Munson, seconded by Kercheval, to renew the contract for electrician services at County facilities to Kube Electric Co., Inc., with the requested 7.5% increase in rates. Motion made by Commissioner Wivell, seconded by Munson, to table the previous motion until next week to allow the staff to attempt to negotiate a lower rate increase. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 2:58 p.m. to consult with counsel to obtain legal advice on a legal matter, consider matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State, and to discuss public security as public discussion of certain issues would constitute a risk to the public or public security, 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 3:49 p.m. Unanimously approved. In closed session, the Commissioners considered a matter that concerned a proposal for a businesses or industrial organization to locate, expand, or remain in the State, consulted with counsel to obtain legal advice on one (1) matter, and discussed public security as public discussion of certain issues would constitute a risk to the public or public security. 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, County Attorney; Kirk Downey, Assistant County Attorney; Joni Bittner, County Clerk; Tim Troxell, Executive Director of the Economic Development Commission (EDC); and Gary Rohrer, Director of Public Works. APRIL 5, 2005 PAGE SEVEN RECESS The Commissioners recessed at 3:49 p.m. TAX SET-OFF MEETING – TOWN OF BOONSBORO The evening session was convened at 7:00 p.m. at the Boonsboro Community Center by President Gregory I. Snook with the following members present: William J. Wivell, Vice President, and Commissioners James F. Kercheval, and John C. Munson. 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 2005, Boonsboro is estimated to receive $77,810. Commissioner Snook reminded the Town that their employees are welcome at any County safety courses that are offered. He stated that the Town might also want to piggyback onto the County’s overlay contract. Commissioner Snook briefly discussed State Program Open Space (POS) funding. The Commissioners reviewed the status of the excise tax legislation. Commissioner Kercheval explained the need for the Town to have an APFO in place as well as the excise tax. Mayor Kauffman asked the Commissioners to waive $3,547 in landfill fees that they were charged for the debris from the demolition of a barn on their park property. Motion made by Commissioner Kercheval, seconded by Wivell, to approve the request of the Town of Boonsboro to waive the landfill fees for demolition materials and to approve taking $3,547 from the Commissioners’ contingency fund to reimburse the Solid Waste Department. Unanimously approved. The group discussed the water extension project and the Water & Sewer Plan Amendment heard at the recent rezoning hearing. Commissioner Kercheval informed the Mayor and Council that the Planning Commission recommended approval of both items at its meeting last night. He stated that it would now come to the Commissioners for their decision. Mayor Kauffman discussed several items of interest to the Town, including a stormwater run-off issue. He asked that the County consider reinstating County Commuter bus service to the Town of Boonsboro. He also invited the Commissioners to attend the meetings of the local chapter of the Maryland Municipal League and discussed the request made to create a Council of Governments. John Kendle, Town Manager, provided an update on the park expansion. Rich Hawkins, Town Council member, stated that the Friends of the Boonsboro Library have raised $1,075,000 to date for construction of the new branch library in Boonsboro. This includes a $200,000 County contribution. Commissioner Kercheval noted that the excise tax legislation generates funding earmarked for libraries. Commissioner Nipps provided a brief update on Program Open Space funding for the upcoming year. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Kercheval, to adjourn at 8:05 p.m. Unanimously approved. , County Administrator _____________________________________, County Attorney ______________________, Clerk