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HomeMy WebLinkAbout050510 May 10, 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 – MAY 3, 2005 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the minutes of May 3, 2005, as amended. Unanimously approved. COMMISSIONERS’ REPORTS & COMMENTS Commissioner Kercheval reported on the meetings of the “2 + 2” Committee and the Planning Commission. He stated that he spoke to Dan Murphy, Mayor of Hancock, regarding a less expensive option to replace the bridge at Kirk Woods Park. Commissioner Kercheval stated that he met with Greater Hagerstown Committee’s panel on education. Commissioner Wivell stated that he represented the Board at the Elks Club Teenager of the Year Awards. He also reported on the PenMar Development Corporation meeting. Commissioner Nipps informed the Commissioners that she attended the Chamber of Commerce’s Eggs & Issues forum. She stated that she also attended the Washington County Homemakers Annual Meeting. Commissioner Nipps advised the Commissioners that she has been invited to be a member of a new panel being formed by St. Lawrence Cement to help facilitate better communications with those living in the surrounding neighborhood. Commissioner Snook read a letter from the State Highway Administration regarding resurfacing and safety improvements that they would be making on US 340 to the Frederick County line. He stated that he received a letter from the Intergovernmental Committee of the Economic Development Commission regarding the City of Hagerstown’s Smart Growth and Arts & Entertainment property tax credits. Rodney Shoop, County Administrator, informed the Commissioners that the Committee would be making a presentation to them on this issue. Commissioner Snook provided an overview of their trip to New York City to meet with three rating agencies to request an upgrade to the County’s bond rating. He commended the staff on the comprehensive presentation and stated that the presentations went very well. REPORTS FROM COUNTY STAFF Joe Kroboth, Director of Emergency Services, stated that the Washington County Volunteer Fire & Rescue Association (WCVFRA) has expressed the need for classroom space for training programs. Mr. Kroboth suggested that they consider one of the vacant rooms at the Water Quality Department facility on Elliott Parkway. After discussion, the Commissioners agreed to allow Mr. Kroboth to negotiate a short-term lease for the WCVFRA for use of the space. Ron Whitt, Director of Information Technologies, informed the Commissioners that a survey would be sent out this week regarding cable franchising. He stated that several meetings have been scheduled to allow the public, as well as the business and educational communities to discuss broadband telecommunications and its potential applications in the County. Commissioner Snook asked Mr. Whitt to forward copies of the surveys to the Commissioners before they are mailed. Mr. Whitt stated that employees can now access County resources from their home computers if they have broadband access. BUILDING EXCISE TAX TRANSITION POLICY Richard Douglas, County Attorney, outlined a proposed transition policy for the building excise tax. Mr. Douglas explained that the policy would determine the application of the tax and covers applications for permits filed after July 1, 2005, but exempts those applications filed in proper MAY 10, 2005 PAGE TWO form and accepted for filing prior to July 1, in accordance with the policies of the County. He stated that those who have paid fees or posted acceptable security under the Adequate Public Facilities Ordinance would be granted a credit in the amount paid or secured toward the amount of the tax that would otherwise be due. Mr. Douglas noted that the policy also continues the current limitation of six applications for permits in one week from any person and provides that the permits are valid for a period of six months from the date of issuance. Also in attendance was Michael Thompson, Director of Planning & Community Development. The Commissioners discussed the proposed policy and had several questions regarding the wording of the document. After discussion, they requested that several changes be made to the proposed policy. They asked that the transition policy be very clear that it pertains to both residential and non-residential development. Mr. Douglas stated that he would make the requested revisions to the policy and bring it back for further review. PURCHASE OF RIGHT-OF-WAY & EASEMENTS – MAUGANS AVENUE PROJECT Motion made by Commissioner Munson, seconded by Wivell, to approve the purchase of the following rights-of-way and easements from Cumberland Valley Insurance for the cost of $132,000: 9,169 square feet in fee simple, 8,546 square feet for drainage easement, 3,281 square feet in revertible slope easement, and a temporary construction easement of 5,769 square feet. Unanimously approved. PUBLIC IMPROVEMENT AND REFUNDING BONDS OF 2005 - AUTHORIZING RESOLUTION Timmy Ruppersberger, Bond Counsel, appeared before the Commissioners to review a resolution to issue and sell $10,000,000 in Public Improvement Bonds of 2005 and to advance certain outstanding callable maturities of the Washington County, Maryland Public Improvement Bonds of 1996, 1997, 1998, and 2000. The refunding amount of $21,160,000 is subject to change depending on market conditions. Debra Murray, Director of Budget and Finance, reviewed the changes made in the bond package and reviewed the projects for which the bond funds would be used. She stated that they have the option to remove the refunding bonds from the sale if the savings are not above two percent. Ms. Bastian estimated that refinancing these bonds would save over a million dollars. Motion made by Commissioner Wivell, seconded by Nipps, to approve the resolution authorizing and empowering the County Commissioners of Washington County to issue and sell at public sale, upon its full faith and credit, its General Obligation Serial Maturity Bonds in the aggregate principal amount of $31,160,000 to be known as “Washington County, Maryland, Public Improvement and Refunding Bonds of 2005,” pursuant to the provisions of Chapter 110 of the Laws of Maryland of 1999, as amended, for the public purpose of financing the cost of general public improvements in Washington County and to approve the advance of certain outstanding callable maturities of the Washington County, Maryland Public Improvement Bonds of 1996, 1997, 1998, and 2000. Unanimously approved. (A copy of the approved Resolution is attached.) INTERGOVERNMENTAL AGREEMENT FOR SUBSCRIPTION EMPLOYMENT TRANSPORTATION (JOBS PROGRAM) Motion made by Commissioner Kercheval, seconded by Wivell, to approve the Intergovernmental Grant Agreement between the Maryland Department of Human Resources, the Washington County Department of Social Services and the County, to provide for continued transportation services under the Subscription Employment Transportation Program (JOBS Program) for fiscal year 2006, as outlined in the Inter-Governmental Agreement. Unanimously approved. CITIZENS’ PARTICIPATION Tom Berry spoke to the Commissioners about Article 20 of the Comprehensive Plan regarding the duties of the Historic District Commission. Commissioner Nipps, who is the Commissioner representative on the Commission, outlined its purpose and duties. MAY 10, 2005 PAGE THREE Tom Keadle had questions regarding the development on Mill Point Road. Commissioner Snook stated that County staff would meet with him to resolve the issues. Danny Lane stated that the County is at a crossroad regarding its development. He stated that he supports the comprehensive rezoning and asked the Commissioners to save the land. Merritt Birky voiced concerns about the rural area zoning and asked the Commissioners to assure that the zoning is equitable. John Himes discussed the proposed improvements to his son’s driveway entrance and asked about the regulations. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that copies of tonight’s budget presentation would be available this afternoon for their review. REAPPOINTMENT – BOARD OF ZONING APPEALS Motion made by Commissioner Wivell, seconded by Munson, to reappoint David Williams to the Board of Zoning Appeals for a three-year term. Unanimously approved. REAPPOINTMENT – BOARD OF EXAMINERS & SUPERVISORS FOR ELECTRICIANS Motion made by Commissioner Munson, seconded by Kercheval, to reappoint Thomas Ernst to the Board of Examiners & Supervisors for Electricians for a three-year term. Unanimously approved. PRESENTATION - FEASIBILITY OF COMMUTER RAIL SERVICE BETWEEN WASHINGTON COUNTY, MARYLAND AND WASHINGTON, D.C. Gregory Dahbura, a local student and train enthusiast, appeared before the Commissioners to present his proposal requesting a formal feasibility study for commuter rail service between Washington County and Washington, D.C. Mr. Dahbura proposed that a study, funded by the State of Maryland and the Federal Government, be performed to determine if commuter rail service is warranted. He reviewed maps of the existing rail lines in Western Maryland and the current MARC system. The four realistic options are as follows: 1) Norfolk Southern line, 2) Winchester & Western line, 3) CSX, and 4) Baltimore & Ohio. All options would then take CSX lines to Washington. He then reviewed the advantages and disadvantages of each option. Mr. Dahbura concluded that timing and demand, among other factors, would impact the decisions. He asked that the County help to ensure that all of the routes remain as options by preserving rights-of-way. He noted that a funding request for a feasibility study has been submitted by Senator Munson to Secretary Flanagan. The presentation was then opened for questions and discussion. Commissioner Snook stated that there are opportunities to receive federal funding through the Metropolitan Planning Organization and that he would make them aware of the proposal. Bob Rawlins recommended that the Commissioners attempt to preserve the B&O right-of-way and to consider this in any zoning. Also discussed was the possibility of implementing light rail service to Brunswick. RECESS – LUNCH The Commissioners recessed at 11:37 a.m. for lunch. RIBBON-CUTTING FOR TEEN LOFT – WASHINGTON COUNTY FREE LIBRARY The Commissioners attended the ribbon-cutting ceremony to officially open the new teen loft area at the Washington County Free Library. AFTERNOON SESSION The afternoon session was called to order at 1:42 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. MAY 10, 2005 PAGE FOUR CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 1:42 p.m. to consider matters that concern proposals for businesses to locate, expand or remain in the State, discuss the appointment of an employee and members of a board over whom it has jurisdiction and discuss any personnel matter that affects one or more specific individuals; and consult with counsel to obtain legal advice, 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 Nipps, seconded by Munson, to reconvene in open session at 2:43 p.m. Unanimously approved. In closed session, the Commissioners considered matters that concern proposals for businesses to locate, expand or remain in the State, discussed the appointment of an employee and members of a board over whom it has jurisdiction and any personnel matter that affects one or more specific individuals; and consulted with counsel to obtain legal advice. 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; Joni Bittner, County Clerk, John Martirano, County Attorney; David Hankinson, Director of Human Resources; Terry McGee, Chief Engineer; Mike Thompson, Director of Planning; and Rodney Turnbough, Director of Facilities Management and William Blum, Chief Operating Officer for the Board of Education. EMPLOY – PLAN REVIEWER AT ENGINEERING DEPARTMENT Motion made by Commissioner Nipps, seconded by Munson, to approve the recommendation to hire Lucinda Rini-Stevens as Plan Reviewer (Grade 14) at $56,000 to fill the existing vacancy at the Engineering Department. Unanimously approved. RECESS The Commissioners recessed at 2:44 p.m. EVENING SESSION - PUBLIC HEARING - PROPOSED FISCAL YEAR 2006 BUDGET AND CONSTANT YIELD TAX RATE The evening session of the Board of County Commissioners of Washington County, Maryland, was called to order in the Kepler Theater at Hagerstown Community College at 7:00 p.m. by President Gregory I. Snook with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, Doris J. Nipps, and John C. Munson. The public hearing was held to consider the proposed Fiscal Year 2006 budget for Washington County and to set the current property tax rate. Rodney Shoop, County Administrator, announced that this public hearing is being held to permit the residents of Washington County to comment on the Commissioners’ intention to continue the property tax rate of $.948 per $100 of assessed full value Tax- for the Fiscal Year 2006 as required by Section 6-308, Property Article , , Annotated Code of Marylandand to review the proposed Fiscal Year 2006 budget as advertised. Mr. Shoop also stated that the Commissioners would continue an interest rate of 6% on semi-annual tax payments. Mr. Shoop announced, in accordance with provisions of the Tax Property Article, that the Board of County Commissioners hope to adopt the tax rate for Fiscal Year 2006 on Tuesday, May 24, 2005, in the Commissioners’ meeting room in the County Administration Building. Mr. Shoop stated that comments may be sent to the Commissioners at 100 West Washington Street or via the Internet at www.washco-md.net. Mr. Shoop presented Washington County’s vision and mission statements and the 2005 goals. He indicated that the proposed budget is a balanced budget that provides significant increases in funding for education and improves funding for public safety. Mr. Shoop stated that the funding for education in FY 2006 is $98.5 million, which includes operations, capital, debt, school health nurses, crossing guards, and new buses. He also reviewed the projected revenues for fiscal year 2006 for property MAY 10, 2005 PAGE FIVE tax, income tax, excise tax, and other sources. Mr. Shoop reviewed the proposed General Fund budget of $160,869,866; the Capital Improvement Projects budget of $52,075,824; the Special Revenue Funds (Highway Funds - $6,519,576 and Solid Waste Fund - $8,651,020); the Transit Fund - $1,999,455; Airport Fund - $1,351,433; Golf Course Fund - $1,262,240; Utility Fund - $3,008,231; Water Fund - $1,031,170; Sewer Fund - $10,907,386; Pretreatment Fund - $1,480,000; Foreign Trade Zone - $7,000; Agricultural Education Center Fund - $161,200; Community Partnership Fund - $123,680; and Inmate Welfare Fund - $384,415. He stated that the total proposed budget is $249,831,976. The hearing was then opened for public testimony. After all testimony was given, Commissioner Snook adjourned the hearing at 8:05 p.m. , County Administrator , County Attorney ___________________________, County Clerk