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HomeMy WebLinkAbout051025 October 25, 2005 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:45 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 Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – OCTOBER 18, 2005 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the minutes of October 18, 2005, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps stated that she attended the Leadership Maryland retreat held in southern Maryland. She informed the th Commissioners that she also attended Goodwill Industries’ 50 anniversary dinner, the groundbreaking ceremony for the FedEx facility, the Boonsboro Trolley Museum program, and the Governor’s announcement of land preservation at St. James Academy. Commissioner Munson reported that he attended the public meeting held by the Washington County Hospital Association at the Robinwood Medical Center. He also attended the FedEx groundbreaking. Commissioner Munson stated that there are 19 days remaining if the Commissioners want to amend the homestead tax program. He voiced concerns regarding the partial waiver from the excise tax that was granted by the County Administrator for a residential property and stated that he feels the Commissioners should make those decisions. The Commissioners discussed the matter and agreed not to make changes to the Ordinance until the Workforce Housing Task Force has made its final report to them, in the event that there would be additional amendments they wish to make. Commissioner Wivell reported on the Board of Social Services meeting. He asked if there was a final decision made on the County’s second appointment to the Home Rule Task Force. The Commissioners agreed to discuss this item in more detail in closed session. Commissioner Kercheval commended all of the personnel who worked to make the Washington County’s Most Wonderful Citizen luncheon a success. He reported on the meetings of the Mental Health Advisory Committee and the Local Management Board. Commissioner Kercheval noted that Governor Ehrlich has initiated a program whereby State employees are automatically notified by text message on their cell phones if the Amber Alert system is initiated. He asked if County employees could be included in this plan. Commissioner Kercheval stated that he attended the FedEx groundbreaking ceremony. He reported that a workshop meeting of the City and County Planning Commissions was held last week and that they have agreed to continue meeting on a quarterly basis. Commissioner Kercheval stated that he read in the “County News” about awards that were given to other counties and suggested that Washington County submit some its programs for consideration. He reported on the public meeting held regarding the proposed new hospital and the “2+2” Committee meeting. Commissioner Kercheval passed along his condolences to Ruth Monroe’s family on her passing and stated that she was a tremendous individual and community-minded citizen. Commissioner Snook stated that officials from FedEx Ground were very complimentary of the County and its employees in the planning and permitting process. The Commissioners discussed who would serve as the County’s representative on the Maryland Association of Counties Legislative Committee next year. Commissioner Snook stated that he is Chair of the Committee this year. Commissioner Nipps agreed to serve as the County’s alternate. Commissioner Snook stated that he received a letter from the Maryland Department of the Environment approving the water and sewer plan amendment outside Boonsboro. He reminded the Commissioners that the Maryland Association of Counties Winter Conference OCTOBER 25, 2005 PAGE TWO is scheduled for January 4-6. He distributed the report outlining the roads that were accepted into the County roads system. Commissioner Snook reported on the Airport Advisory Commission meeting. REPORTS FROM COUNTY STAFF Debra Murray, Director of Finance, informed the Commissioners that she would be sending out the State invoices for the bay restoration fee next week. Gary Rohrer, Director of Public Works, provided an update on some of the road restoration projects. Steve Goodrich, Chief Planner, provided an update on the status of the “Heart of the Civil War Heritage Area” plan. He provided the Commissioners with copies of the draft plan and indicated that, in order to participate, the County must develop a management plan to receive certification. This would allow property owners in the area to be eligible for grants and loans. Mr. Goodrich stated that he would meet with the municipalities who are interested in participating over the next couple of months. He also indicated that the Comprehensive Plan would have to be amended after the plan is adopted. He stated that he would schedule time on the agenda in December to request their formal commitment. Motion made by Commissioner Kercheval, seconded by Nipps, to authorize filling the vacancies for a Permits Technician in the Permits & Inspections Department and Water Plant Operator at the Water Quality Department. Unanimously approved. VICTIM ASSISTANCE PROGRAM/DOMESTIC VIOLENCE ORDER SAFETY CHECKS GRANT Motion made by Commissioner Munson, seconded by Nipps, to grant approval to include a $16,380 grant for “Victims Assistance Program/Domestic Violence Order Safety Checks,” which the Sheriff’s Office received from the Governor’s Office on Crime Control, as revenue in their budget to allow them to provide additional outreach to petitioners of protective orders. The in-kind match is budgeted at $6,734. Unanimously approved. PRESENTATION WORKFORCE HOUSING TASK FORCE Richard Willson, Chair of the Workforce Housing Task Force, met with the Commissioners to present their final recommendations. He reviewed the recommendations made by the Task Force, which include downpayment assistance, consultant services, acquisition with rehabilitation, amendment of the Excise Tax Ordinance, regulatory relief, manufactured housing, graduated tax credits, inclusionary zoning, use of a public land trust, establishment of a trust fund for housing affordability programs, and use of income limits. He reviewed the changes that were made since the public hearings were held. Mr. Willson stated that the recommendation to amend the Excise Tax Ordinance is the only one that would require legislative action. The meeting was then opened for questions from the Commissioners. The Commissioners discussed several of the recommendations including manufactured housing, amending the excise tax, inclusionary zoning, and use of acquisition with rehab. Mr. Willson stated that the Task Force listed the recommendations in priority order of what they thought was implementable by the County. He emphasized that the Commissioners move forward with the recommendations they can agree on. Commissioner Snook thanked the Task Force for their time and dedication. He stated that the Commissioners realize that to make workforce housing programs workable, several of the recommendations must be adopted, not just one. CITIZENS’ PARTICIPATION Monda Sagalkin, representing the League of Women Voters, commented on the Workforce Housing Task Force’s recommendations. She stated that they support most of the recommendations, with the exception of amending the Excise Tax Ordinance to apply a sliding scale rather than a flat rate. Mr. Willson agreed to attend the League’s next meeting to explain the recommendations in more detail. OCTOBER 25, 2005 PAGE THREE COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners of the Greater Hagerstown Committee meeting that is scheduled for October 28. He provided an update on the Boonsboro water project. Mr. Shoop stated that he would be attending the Maryland Association of Counties (MACO) Attorneys and Administrators Fall Conference in Annapolis later this week. BUDGET TRANSFER REQUEST – RUNWAY 9/27 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the request to transfer $20,480,323 in State and Federal grant funding for Package 3 of the Runway 9/27 Improvement Project forward from Fiscal Year 2007 to 2006 to allow them to proceed with the purchase order process. Motion carried with Commissioners Nipps, Kercheval, Munson, and Snook voting “AYE” and Commissioner Wivell voting “NO.” REAPPOINTMENTS – FIRE & RESCUE COMMUNICATIONS ADVISORY BOARD Motion made by Commissioner Munson, seconded by Nipps, to reappoint Dan Grove, Jon Gift, and Leonard Heller for three-year terms. Unanimously approved. REAPPOINTMENT – HISTORIC DISTRICT COMMISSION Motion made by Commissioner Nipps, seconded by Munson, to waive the two-term limit policy and reappoint Michael Gehr to the Historic District Commission for a three-year term. Unanimously approved. PUBLIC HEARING – 2006 LEGISLATIVE PROPOSALS The Commissioners convened a public hearing in order to hear comments about the legislative proposals for the 2006 session. Debi Turpin, representing the Building Development Guaranty Group, explained that five counties in Maryland have been granted the authority to accept certificates of guarantee as a form of bonding. She asked the Commissioners to consider requesting that the legislation be amended to include Washington County in the enabling legislation. Tom Berry asked that the Delegation add a plan to provide compensation to landowners in the County whose land has been downzoned. After hearing all comments, the public hearing was closed. Commissioner Kercheval informed the Commissioners that the Mental Health Advisory Committee would be making a request to the Delegation. He explained that when the State moved from grant-funded programs to a fee-for-service type of structure for mental health programs there were some unintended negative consequences. The Mental Health Advisory Committee will be asking that Washington County be included in a pilot program to provide additional assistance for qualified applicants. Commissioner Kercheval stated that he asked Delegate Weldon to consider recommending that a State Task Force investigate the cost savings similar diversion services would have by offering treatment to affected youth before they enter the juvenile justice system. The Commissioners agreed to put this request on the list as a discussion item. The Commissioners reviewed the list of legislative proposals for 2006. It was the consensus to move forward with the following to present to Delegation: 1) Excise Tax – discretion for the County Commissioners to grant individual exemptions. The Commissioners agreed that the discretion to grant exemptions was not intended for residential development, and that they would support the change only as an incentive for commercial uses for economic development purposes. 2) Jobs Creation Tax Credit – Contractual Employment Position. 3) Civil Citations (Weed Control, Electrical, Plumbing, Building and Mechanical Codes, and Health Department) - request authorization to utilize civil citations in the enforcement of codes to provide a means of enforcement that could be pursued without charging the citizen with a crime. 4) Fire Police - to allow the Sheriff to appoint more than three members of fire companies. 5) County Attorney - propose to update the current language in the Code OCTOBER 25, 2005 PAGE FOUR of the Public Local Laws to allow the employment of more than one county attorney. 6) Local Management Board Reauthorization - to support statewide legislation that would replace the previous law that was allowed to “sunset” on July 1, 2005. The Commissioners agreed to the Sheriff should present his request to extend the probationary period for deputies to the Delegation. The Commissioners also agreed to add the Mental Health Advisory Committee issue and statewide legislation on the use of cell phones while driving as discussion items, as well as a request to include the County in enabling legislation for authorization to accept certificates of guarantee as a form of bonding. They also asked that David Engle, Director of the Department of Social Services, be scheduled on the agenda at the meeting with the Delegation to explain a potential legislative issue involving child care vouchers. Motion made by Commissioner Munson, seconded by Kercheval, to support the items listed above in Washington County’s 2006 legislative proposals to present to the Washington County Delegation to the General Assembly. Motion carried with Commissioners Munson, Kercheval, Nipps, and Snook voting “AYE” and Commissioner Wivell voting “NO.” ADJUSTMENT TO COMMISSION ON AGING ALLOCATION Susan MacDonald, Executive Director for the Commission on Aging, requested that the Commissioners consider adjusting the allocation for the Commission in order to fund increased leasing and fuel costs at its present location. Ms. MacDonald indicated that they anticipate they will need an additional $7,317 for rental payments and $5,000 for increased fuel costs for the period November 1, 2005 through March 31, 2006. The Commission on Aging hopes to relocate to the Aspiring to Serve facility in late February or early March 2006. The meeting was then opened for discussion and questions. Rodney Shoop, County Administrator, informed the Commissioners that meeting was held with the landlords of the current facility to negotiate the increases in rent and fuel costs until the Commission on Aging is relocated. Motion made by Commissioner Kercheval, seconded by Nipps, to provide an increase of $12,317 to the Commission on Aging for increased rental and fuel costs at it’s current location for the period November 2005 – March 2006, with funds to be taken from Commissioners’ Contingency Fund. Motion carried with Commissioners Kercheval, Nipps, Munson, and Snook voting “AYE” and Commissioner Wivell voting “NO.” INTERGOVERNMENTAL COOPERATIVE PURCHASE OF ONE (1) ONE-TON PICK- UP TRUCK FOR USE BY WEED CONTROL PROGRAM Motion made by Commissioner Wivell, seconded by Kercheval, to authorize the Weed Control Program to purchase one (1) one-ton pick-up truck from Norris Ford at a total cost of $28,986 by utilizing the Montgomery County, Maryland contract, in accordance with the terms and conditions of that contract and in Code of Public Local Laws of Washington accordance with the County , Maryland, Section 1-106.3, with funds to be taken from the Commissioners’ Contingency Fund. The Department of Agriculture will fund fifty percent of the costs. Unanimously approved. RECESS – LUNCH The Commissioners recessed at 11:57 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:15 p.m. by President Gregory I. Snook, with the following members present: Commissioners William C. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps. WORKSHOP – PROPOSED AMENDMENTS TO THE ADEQUATE PUBLIC FACILITIES ORDINANCE (ARTICLE II-DEFINITIONS, ARTICLE IV-ROADS, ARTICLE V- SCHOOLS, & ARTICLE IX-EXCEPTION, AGENCY PARTICIPATION) OCTOBER 25, 2005 PAGE FIVE The Commissioners held a workshop meeting to discuss the proposed amendments to the Adequate Public Facilities Ordinance (APFO) and the of Education’s involvement in the review and approval of the plans. He stated that the County Attorney has advised the Commissioners that the Board of Education cannot legally be given veto power over the approval of any mitigation plans as was suggested by some citizens at the hearings. Mr. Thompson summarized the comments that were made at the hearings. Each of the Commissioners reviewed the clarifications and amendments they would like to have included in the document. They agreed to have the staff prepare notes from the comments made today and prepare options for their consideration. Mr. Thompson agreed to schedule time on the agenda to review the options as soon as possible. RE-ESTABLISH DEPUTY DIRECTOR POSITION – HIGHWAY DEPARTMENT Gary Rohrer, Director of Public Works, and Ted Wolford, Highway Department Director, met with the Commissioners to ask that they consider restoring the Deputy Director position at the Highway Department. Mr. Rohrer stated that it would address succession to the director and aid with general supervision and coordination and oversight of field operations. He noted that the Department is financially in a position to support the request. Mr. Rohrer estimated that an additional $35,000 would be required in the FY ’06 budget if the position were filled this fiscal year. The Commissioners discussed the proposal and agreed not to support the position at this time. It was the consensus that when the current Director of the Highway Department decides to retire, they would agree to allow additional time to permit the successor to train with the current Director. They discussed whether to revisit this request in the future. INSTALLMENT PURCHASE PROGRAM ORDINANCE Kirk Downey, Assistant County Attorney, and Eric Seifarth, Agricultural Planner, met with the Commissioners to review the revised Installment Purchase Program (IPP) Ordinance. Mr. Seifarth reviewed the changes made in the document and informed the Commissioner that a State representative is scheduled to meet with them next week regarding this issue. Commissioners Nipps noted that several State officials informed her that State agencies would not look favorably upon the inclusion of a 25-year termination provision in the County’s IPP Ordinance. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Munson, to convene in closed session at 2:28 p.m. to consider personnel issues, consider a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, and discuss public security because the public body has determined that public discussion would constitute a risk to the public or to the public security including the deployment of police services and staff and the development and implementation of emergency plans, 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 Munson, seconded by Wivell, to reconvene in open session at 3:04 p.m. Unanimously approved. In closed session, the Commissioners considered two (2) personnel matters, considered a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, and discussed public security because the public body has determined that public discussion would constitute a risk to the public or to the public security including the deployment of police services and staff and the development and implementation of emergency plans. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, Doris J. Nipps, and John C. Munson. Also present at various times were Rodney M. Shoop, County Administrator; John Martirano, County OCTOBER 25, 2005 PAGE SIX Attorney; Kirk Downey, Assistant County Attorney; Joni Bittner, County Clerk; Tim Troxell, Executive Director of the Economic Development Commission; Joe Kroboth, Director of Emergency Services; Sheriff Charles ades; Lt. Randy Wilkinson and Cpl. Daryl Sanders, Washington County Sheriff’s Office. HOMELAND SECURITY BUFFER ZONE PROTECTION PROGRAM FUNDS Motion made by Commissioner Munson, seconded by Nipps, to authorize the Division of Fire & Emergency Services to execute a Memorandum of Understanding and accept a grant of $48,500 from the Maryland Emergency Management Agency in order to implement the Buffer Zone Protection Program Plan. Unanimously approved. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Kercheval, to adjourn at 3:05 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk