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HomeMy WebLinkAbout050412 April 12, 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 County Administrator Rodney Shoop followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – APRIL 5, 2005 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the minutes of April 5, 2005, as amended. Unanimously approved. PROCLAMATION – NATIONAL CRIME VICTIMS’ RIGHTS WEEK Commissioner Nipps presented a proclamation to Charles Strong, 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 10-16, 2005, 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 them of activities planned to commemorate National Crime Victims’ Rights Week. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps informed the Commissioners that she attended an Eagle Scout ceremony for three young men last week. She reported on the meetings of the Recreation & Parks Board and the Historic District Commission. Commissioner Nipps stated that she attended the ribbon-cutting ceremony for Loyalton’s new th Alzheimer’s unit and the dedication of the 20 Habitat for Humanity House, which was sponsored by John and Teresa Barr. Commissioner Wivell reported on the meeting of the PenMar Development Corporation Finance Committee meeting. He informed the Commissioners that the AFL-CIO Workers’ Memorial Day Service th would be held on April 28. Commissioner Snook informed the Commissioners that he received correspondence from the State regarding agricultural statistics in Maryland and provided a farming profile of Washington County over the past 10 years. He stated that he received information regarding 2005 Homeland Security grants through the Maryland Emergency Management Administration. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, provided an update on the pavement maintenance project and indicated that he anticipates it going out to bid in early May. Motion made by Commissioner Kercheval, seconded by Nipps, to approve advertising to fill the Senior Operator vacancy at the Water Quality Department. Unanimously approved. Motion made by Commissioner Nipps, seconded by Wivell, to approve the request to fill the Shift Supervisor vacancy in the Emergency Services Department. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the City of Hagerstown is beginning the process to update its Comprehensive Plan, and the first meeting is scheduled for April 27. He stated that the Emergency Numbers Board granted funding to the Western Maryland Counties to update their flyover mapping and they also complimented County staff on it’s presentation. APRIL 12, 2005 PAGE TWO CONTRACT RENEWAL – PLUMBING & HEATING MAINTNENANCE SERVICES Motion made by Commissioner Kercheval, seconded by Nipps, to renew the contract for plumbing and heating maintenance services with Beaver Mechanical Contractors, Inc. with a 2% increase in the hourly rate for a plumber’s helper for non-routine hours, a 2% increase in hourly rates for a plumber during routine regular working hours, and a 2% increase in hourly rates for a plumber during evenings, Saturdays, Sundays and holidays. Unanimously approved. CONTRACT RENEWAL – ELECTRICAL SERVICES AT COUNTY FACILITIES Motion made by Commissioner Kercheval, seconded by Nipps, to take the motion from the table and renew the contract for electrician services at County facilities to Kube Electric Co., Inc., for the 7.5% increase requested for FY 2006 with the following labor rates for services: Regular Working Hours - Electrician $21.00, Helper $13.30; Evenings & Saturdays & Sundays and Holidays - Electrician $32.25, Helper $21.00. Unanimously approved. REAPPOINTMENT – BOARD OF ZONING APPEALS Motion made by Commissioner Munson, seconded by Nipps, to reappoint Clinton Wiley to the Board of Zoning Appeals for a one-year term. Unanimously approved. GENERAL FUND BUDGET WORKSHOP – ESTIMATED REVENUES Debra Murray, Director of Finance, met with the Commissioners to review a draft of the FY 2006 revenues. She informed the Commissioners that real and personal property tax revenues are expected to be $87,109,520, income tax and local tax revenues are projected to be $65,820,000, and interest on investments $1,599,000. The total proposed general fund revenue is projected to be $154,528,520. Ms. Murray stated that the total increase in revenues from the 2005 to 2006 budget are property tax - 53%, income tax - 27%, recordation tax – 12%, and other accounts – 8%. Commissioner Kercheval asked for additional information on the re-assessment projections. Ms. Murray provided an overview of each of the revenue items. The meeting was then opened for questions and discussion. PROCLAMATION – NATIONAL COUNTY GOVERNMENT WEEK Commissioner Snook presented a proclamation to Rodney Shoop, County Administrator, designating the week of April 10–16, 2005, as National County Government Week and commending its observance to all citizens, with the theme “Honoring County Heroes.” Among those honored with Certificates of Merit for actions above and beyond the call of normal duties were: Deputy Benjamin Jones, DFC David Norford, and DFC Scott Buskirk; Detention Center personnel DFC Brian Merck, DFC Mary Jane Blickenstaff, Prime- Care nurse Madonna Kelly and Medical Assistant Shannon Rasy; Highway Department employees Diane Mongan and Jack Reynard; Bridge Engineer Scott Hobbs; Hagerstown Regional Airport employees Janet Moats and Phil Ridenour; Division of Public Works Administrative Assistant Tina Rupert; the entire Budget and Finance Division team; and Risk Management Administrator, Annajean McKnight, who is retiring this week after 16 years. Commissioner Snook thanked all County employees for their dedication to Washington County and its citizens. CITIZENS PARTICIPATION Bill Pennington, owner of Fortney Homes, stated that he received approval from the Board of Zoning Appeals to expand his development, and he would like to move forward with the site plan previously approved in 1996. He indicated that the Planning Department is requiring a new site plan and a traffic study. Commissioner Snook stated that the Commissions would have to discuss the situation with staff to obtain additional information. Mr. Pennington cited the need for more affordable housing units in the County. He stated that he does not believe that inclusionary zoning would work. Tom Berry informed the Commissioners that he visited Frederick County to review their zoning regulations and stated that he does not believe that zoning will prevent growth. APRIL 12, 2005 PAGE THREE James Devine had questions on several articles that were recently in the Herald Mail. John Himes expressed his concerns on a variety of issues including rural area rezoning, the placement of a traffic light at Valley Road, and safety concerns. HUMAN RESOURCES BUDGET DISCUSSIONS/REQUESTS David Hankinson, Human Resources Director, reviewed requests made for new positions. He recommended approval of the following positions for funding in fiscal year 2006: 1) Circuit Court – Legal Secretary, Court Reporter, Bailiff, and TPR Coordinator; 2) State’s Attorney – Investigator; 3) County Attorney – Assistant County Attorney; 5) Planning Department – Planner; 6) Sheriff’s Department – Director of Child Advocacy Center (Judicial), Deputy, Public Safety Systems Manager (Patrol), Deputy (Detention); 7) Public Works – Deputy Director; and Engineering – Stormwater Management Technician and Engineering Technician III, for a total net cost of $405,471. The Commissioners reviewed each request and discussed the recommendation with the department head. They agreed to continue discussion to review the reclassification requests after lunch. RECESS – LUNCH The Commissioners recessed at 12:00 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 – PROPOSED MODIFICATION TO CERTAIN LANDFILL USER FEES The Commissioners convened a public hearing to permit any resident of Washington County to appear and testify concerning the proposed modification to certain landfill user fees to become effective May 1, 2005. Robert Davenport, Director of the Solid Waste Department, presented the proposed changes as follows: General Refuse - $43/ton; Rubble, Building and Yard Debris - $48/ton; Sludge - $48/ton (domestic and industrial); Permit Fees for Residential Drop-off - $135/annual, Senior Citizens -$100/annual. Ken Conway, Chair of the Solid Waste Advisory Committee, presented the following recommendations for fee modifications which are being made by the Committee: General Refuse - $45/ton; Rubble, Building and Yard Debris - $50/ton; Minimum Scale Charge - $8.00/320 lbs.; Appliances with refrigeration - $5 per appliance; Sludge - $50/ton; Fill dirt - $4.00/ton; Permit Fees for residential drop-off - $150/annual, Senior Citizens - $110/annual. Mr. Davenport reviewed the rates charged at other landfills in the area for similar services. Commissioner Snook suggested that staff monitor the rates at other landfills on a quarterly basis. The meeting was then opened for questions and discussion from the Commissioners. Commissioner Snook announced that the hearing was open for public comment. Linda & Wayne Taulton presented a petition in opposition to the proposed increase in permit fees for senior citizens. Orville Lane objected to the proposed increase for senior citizen permit fees. The hearing was closed at 1:49 p.m. The Commissioners agreed to make a final decision at next week’s meeting to allow time for citizens to submit comments in writing on this issue. WASHINGTON COUNTY MUSEUM OF FINE ARTS – PROPOSED GARDEN PROJECT Joseph Ruzicka, Director of the Museum of Fine Arts, met with the Commissioners to provide an update on the lake front garden project they plan to create this year in front of the Museum. Mr. Ruzicka distributed copies of the design concept. He informed the Commissioners that Howard and Ann Kaylor have underwritten the project and the City will provide in-kind services. He thanked Ted Wolford, Highway Superintendent, and his crew for supplying the labor to install the drainage system under the lawn. Mr. Ruzicka stated that the garden would be open each day from APRIL 12, 2005 PAGE FOUR 7:30 a.m. to 5:00 p.m. and also during special events taking place in City Park. Commissioner Snook thanked him for giving them an update on the project. REQUEST FOR SUPPLEMENTAL FUNDING - WASHINGTON COUNTY COMMISSION ON AGING/AREA AGENCY ON AGING Susan MacDonald, Executive Director of the Washington County Commission on Aging; William Beard, Jr., President of the Board of Directors; and Michael Manspeaker, of Smith, Elliott, Kearns and Company; met with the Commissioners to request that they grant one-time supplemental funding in the amount of $80,000 to bridge the projected funding gap due to State budget cuts. Ms. MacDonald stated that shortfalls in State funding in FY 2002-03, coupled with a similar reduction in FY 2004-05, have contributed to an agency shortfall of $103,000. She explained that cost- cutting measures have been taken to include the elimination of two full-time administrative positions. Ms. MacDonald stated that any further reductions would have to come from the programmatic side. Mr. Beard noted that they are also seeking assistance from the Maryland Department of Aging in the form of administrative relief. Mr. Manspeaker stated that the Commission on Aging operates on a lean budget with the majority of funding going into its programs. He stated that with the reductions in State funds, they would need some source of working capital. The meeting was opened for questions and discussion. The Commissioners agreed to provide $40,000 to the Commission at this time and agreed that they might provide additional funding if the State does not do so. Motion made by Commissioner Kercheval, seconded by Nipps, to allocate $40,000 to the Washington County Commission on Aging pending the outcome of discussions with the State Office on Aging, with funds to be taken from surplus Recordation Tax revenues. Unanimously approved. CONTRACT AWARD – CONSULTANT FOR LAND DEVELOPMENT ASSESSMENT OF PROPERTY OWNED BY MACK TRUCKS Karen Luther, Purchasing Agent, and Tim Troxell, Executive Director, met with the Commissioners to recommend that the contract for consultant services for a land development assessment of property owned by Mack Trucks be awarded to Keller Engineers for $36,000. Ms. Luther stated that the Commissioners previously approved $7,500 based on the $25,000 cost estimate for the services. Mr. Troxell informed the Commissioners that the Maryland Department of Business and Economic Development has agreed to provide additional funding, leaving a balance of $7,215 to fund the study. Motion made by Commissioner Wivell, seconded by Kercheval, to award the contract for consultant services for a land development assessment of property owned by Mack Trucks, Inc. to Keller Engineers who submitted the lowest responsive, responsible quotation of $36,100 and to allocate an additional $7,215 from the Commissioners’ Contingency Fund to fund the study. Motion carried with Commissioners Wivell, Kercheval, Nipps, and Snook voting “AYE” and Commissioner Munson voting “NO.” TASK FORCE TO DEVELOP AFFORDABLE HOUSING RECOMMENDATIONS Rodney Shoop, County Administrator, presented the following list of agencies for their consideration to provide representation on the Task Force to develop recommendations on affordable housing: 1) City of Hagerstown; 2) Washington County Housing Authority; 3) Hagerstown Housing Authority; 4) Development Community (Home Builders Association); 5) Association of Realtors; 6) Economic Development Commission; 7) Maryland Municipal League; 8) Community Action Council; 9) Habitat for Humanity; 10) REACH; 11) Planning Commission; 12) Residential Financial Services/Banks; 13) Hagerstown Home Store: and 14) citizens at large (other stakeholders). The Commissioners discussed the recommendations. They agreed to limit the task force to 15 members. After discussion, it was the consensus to remove REACH from the list of agencies since they deal primarily with issues facing the homeless and do not actually construct housing, and to add one more stakeholder position, for a total of three positions. Mr. Shoop also suggested the following goals for the Task Force: APRIL 12, 2005 PAGE FIVE 1)Analyze and study the impact of the Washington County property tax on the availability of workforce housing, senior citizens, and urban revitalization. 2)Analyze and study the anticipated impact of the Washington County building excise tax on workforce housing. 3)Consider various means of encouraging the development of workforce housing, including the use of: tax credits, in- fill development, inclusionary zoning, moderately priced dwelling units; bonus density for workforce housing; tiered tax rates; tax rebates; and a “fair share” excise tax similar to that development in Charles County. The Board discussed the proposed goals, as well as how to better publicize the programs currently in place to assist homeowners. They directed Mr. Shoop to draft a letter to the agencies to be represented on the Task Force requesting that they submit the names of their representatives within 30 days. The Commissioners would choose the at-large members. They agreed that the timeframe for the Task Force is critical since the report must be submitted to them in time for review before it is sent to the County Delegation by the November 1, 2005 deadline. ADEQUATE PUBLIC FACILITIES ORDINANCE AND EXTENSION OF MORATORIUM ON MAJOR NEW RESIDENTIAL DEVELOPMENTS OUTSIDE THE GROWTH AREA Michael Thompson, Director of Planning & Community Development, met with the Commissioners to discuss the Adequate Public Facilities Ordinance (APFO) and the extension of the Moratorium. Mr. Thompson stated that the Commissioners directed staff to review the provisions of the APFO in reference to schools. He noted that the Board has the authority to set a cap on new residential lots from zero to “x” number in order to address the issue of school capacity under Section 5.5.3 of the APFO. He said that another option would be to utilize its authority under Section 5.5.2 of the APFO and determine a limit on the number of building permits to be issued in any school district after receiving a recommendation from the Planning Commission. Mr. Thompson informed the Commissioners that one option is to cap the number of new residential lots given final approval within the County at zero for a period of one year, effective today. The Commissioners agreed that they would not consider the option proposed by the Planning Staff to cap the number of new residential lots at zero for one year. Mr. Thompson recommended that they continue the moratorium exempting minor subdivisions or proceed under the proposed zoning. The Commissioners discussed the issues and the consequences of not renewing the moratorium. Mr. Thompson cautioned them that another set of hearings would be required if the rural area zoning regulations are changed substantially. Richard Douglas, County Attorney, recommended that the Board consider extending the moratorium until the APFO amendment could take effect. Mr. Thompson informed the Commissioners that they are also developing a transition policy for their consideration to determine how applications would be handled when the excise tax takes effect on July 1, 2005. The Commissioners discussed several options, including using the APFO to limit growth, allowing the moratorium to expire, and extending the moratorium for six months. Commissioner Nipps asked that, if the moratorium is extended, the Commissioners make a concerted effort with staff to resolve this issue within the timeframe. Motion made by Commissioner Nipps, seconded by Kercheval, to extend the Ordinance to Provide for the Extension of a Moratorium on Major New Residential Developments Outside the Growth Areas for six months, unless terminated earlier by this Board. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Nipps, to adjourn at 3:44 p.m. Unanimously approved. APRIL 12, 2005 PAGE SIX , County Administrator , County Attorney ___________________________, County Clerk