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March 28, 2006
Hagerstown, Maryland
The Commissioners attended the annual breakfast meeting
sponsored by the Washington County Extension Service at 7:30
a.m.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 9:25 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.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Munson reported on the Solid Waste Advisory
Committee meeting.
Commissioner Nipps reported on the meeting of the Community
Action Council Board of Directors.
Commissioner Wivell reported on the Gang Task Force Steering
Committee.
Commissioner Kercheval informed the Commissioners that he
attended a Board of Education press conference regarding efforts
to combat teen drug and alcohol use. He stated that he met with
citizens on Roberts Road regarding their concerns. Commissioner
Kercheval reported on the Mental Health Advisory Committee’s
trip to Annapolis.
Commissioner Snook stated that Mayor Myers informed him that the
Town of Smithsburg has started discussions again regarding the
proposed Cloverly annexation. He read several articles from the
Frederick County Gazette
regarding the Frederick County Planning
Commission process and the required number of acres per unit
they are considering. He also provided information on
population growth in Maryland in comparison with other states.
AUTHORIZATION TO FILL POSITIONS – HIGHWAY DEPARTMENT
Motion made by Commissioner Nipps, seconded by Wivell, to
authorize filling two vacant Maintenance Equipment Operator II
positions at the Highway Department. Unanimously approved.
BUDGET PRESENTATION – WASHINGTON COUNTY HUMANE SOCIETY
Paul Miller, Executive Director of the Humane Society of
Washington County (HSWC), met with the Commissioners to discuss
the 2007 proposed budget. Mr. Miller stated that the total
request for FY 2007 is $1,174,039, which includes $1,071,188 for
operations, $18,000 for the SNAP program, $45,000 for a new
vehicle, and $39,851 for a new Animal Control Officer.
Mr. Miller reviewed the budget formula and how the HSWC arrived
at the number of animal control units for budget purposes. Mr.
Miller outlined the number and category of field service calls
and provided statistics on animals admitted to the shelter and
dispositions.
PUBLIC HEARING – REVISED LIVABILITY CODE
Daniel DiVito, Director of Permits & Inspections, and Angela
Smith, Deputy Director, appeared before the Commissioners to
review the proposed amendments to the Livability Code. Mr.
DiVito stated that the County adopted a Livability Code in 1988
to govern minimum requirements for a residence in terms of heat,
water, power and sanitary facilities for occupancy. He informed
the Commissioners that State law requires local jurisdictions to
either adopt such a code that is compliant with the statute or
enforce the State’s code. Mr. DiVito indicated that the
proposed revisions comply with all of the minimum requirements
of the statute. He then reviewed the revisions being proposed.
Richard Douglas, County Attorney, stated that State law requires
the Livability
MARCH 28, 2006
PAGE TWO
Code and that part of this is an upgrade to comply with the law.
Commissioner Snook opened the meeting for public comment. The
meeting was then opened for questions from the Commissioners.
Thirteen people spoke at the hearing with the majority
testifying in opposition to the inclusion of the section on
owner-occupied dwellings. After hearing all testimony,
Commissioner Snook stated that the Commissioners would accept
written comments for seven days.
LOCAL EMERGENCY PLANNING COMMITTEE – HOME CHEMICAL SAFETY
PROCLAMATION & POSTER CONTEST AWARD WINNERS
Commissioner Snook and Mayor Robert Bruchey presented
proclamations to John Latimer, IV, and Verna Brown, representing
the Local Emergency Planning Committee (LEPC), designating the
week of March 26-April 1, 2006, as Home Chemical Safety Week in
Hagerstown and Washington County and commending this observance
to all citizens.
Mr. Latimer and Ms. Brown stated that 14 elementary schools
participated in the program – Bester, Boonsboro, Clear Spring,
Emma K. Doub, Hancock, Lincolnshire, Maugansville, Old Forge,
Paramount, Pleasant Valley, Potomac Heights, Salem Avenue,
Sharpsburg, and Smithsburg Elementary Schools. Mr. Latimer
outlined the program curriculum, which was presented to fourth
grade students in the County. Ms. Brown informed the
Commissioners that the County’s Special Operations Team provides
lunch for all of the contestants. The Commissioners 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 Kelly Schmidt (Potomac Heights Elementary), the
second place winner was Keirsten Kline (Hancock Elementary), and
the third place winner was Stephanie Gonzalez (Emma K. Doub
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 pizza
parties for their fourth grade classes. Ms. Brown thanked the
local businesses that helped sponsor the event.
RECESS – MARYLAND WELCOME CENTERS EVENT LUNCHEON
The Commissioners recessed at 12:01 p.m. in order to attend a
luncheon in conjunction with the annual Maryland Welcome Centers
seminar. The Commissioners presented Nancy Wilson of Maryland’s
Office of Tourism Development with a proclamation on her
retirement in honor of her 35 years of service.
AFTERNOON SESSION
The afternoon session was called to order at 1:30 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.
FIRE & RESCUE REVOLVING LOAN REQUEST – COMMUNITY RESCUE SERVICE,
INC.
John Latimer, IV, Chair of the Fire & Rescue Association
Revolving Loan Committee, met with the Commissioners to present
the Committee’s recommendations regarding a request for a loan
from Community Rescue Service, Inc. Mr. Latimer informed the
Commissioners that they have requested $111,636 from the
revolving loan fund to purchase two (2) ambulances and one (1)
duty officer’s vehicle to replace two (2) 1998 ambulances and
one (1) 1992 Ford Explorer.
Motion made by Commissioner Munson, seconded by Wivell, to
approve the recommendation of the Fire & Rescue Revolving Loan
Committee to approve a loan from the revolving loan fund in the
amount of $111,636 to Community Rescue Service, Inc. for the
purchase of two (2) 2006 Ford E450 Super Duty Medtec FD 166
ambulances and one (1) 2005 Chevrolet Tahoe to replace existing
units. Unanimously approved.
FY 2006 EMERGENCY MANAGEMENT PERFORMANCE GRANT
Motion made by Commissioner Nipps, seconded by Kercheval, to
authorize execution of a Memorandum of Agreement with the
Maryland Emergency
MARCH 28, 2006
PAGE THREE
Management Agency (MEMA) for a grant of $32,712 to offset
personnel, operational and training expenses for local emergency
management. Unanimously approved.
FY 2005 STATE HOMELAND SECURITY GRANT
Motion made by Commissioner Wivell, seconded by Munson, to
accept a FY 2005 Homeland Security grant of $70,000 to be used
to “prevent, deter, respond to and recover from threats and
incidents of terrorism” and to authorize the Director of the
Division of Fire and Emergency Services to execute a Memorandum
of Agreement with the Maryland Emergency Management Agency.
Unanimously approved.
SELECTION OF MEMBERS – EMERGENCY SERVICES FEE STRUCTURE
TASKFORCE
John Latimer IV, Director of the Division of Fire & Emergency
Services, met with the Commissioners to discuss the selection of
members for the Emergency Services Fee Structure Taskforce. He
reviewed the proposed list of names for their consideration:
John Latimer IV, Jason Baer, Bert Iseminger, Glenn Fuscsick, Tim
Henry, Steven Lohr, and Spence Perry. The Commissioners asked
that Mr. Latimer be considered a non-voting member on the
Taskforce and asked him to recommend an additional person for
the Taskforce to replace him as a voting member. Mr. Latimer
agreed to come back with a recommendation at next week’s
meeting.
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the recommendation to appoint John Latimer IV, Jason
Baer, Bert Iseminger, Glenn Fuscsick, Tim Henry, Steven Lohr,
and Spence Perry to the Emergency Services Fee Taskforce.
Unanimously approved.
FISCAL YEAR 2007 SUBSCRIPTION EMPLOYMENT TRANSPORTATION
AGREEMENT (JOBS PROGRAM)
Motion made by Commissioner Kercheval, seconded by Nipps, 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
2007, as outlined in the Inter-Governmental Agreement.
Unanimously approved.
COUNTY ATTORNEY ISSUES
Richard Douglas, County Attorney, informed the Commissioners
that the Hagerstown City Council would be considering the latest
draft of the APFO tonight and asked if the Commissioners had any
comments. He reviewed the revisions that have been made to the
proposed Ordinance.
Mr. Douglas provided the latest amendments to House Bill 1407
regarding the County’s excise tax. Mr. Douglas stated that the
amendment would establish a new exemption for nonresidential
additions if the addition is not more than double the size of
the original building. It was the consensus that this was not
their intent and asked that the Economic Development Commission
send comments to the Delegation regarding the proposal.
APPOINTMENT – MENTAL HEALTH AUTHORITY
Motion made by Commissioner Nipps, seconded by Kercheval, to
appoint Rebecca Younkins to the Mental Health Authority for a
three-year term. Unanimously approved.
PROPOSED NEW FEE STRUCTURE - DEPARTMENT OF PERMITS & INSPECTIONS
Daniel DiVito, Director of Permits & Inspections, and Angela
Smith, Deputy Director, recommended that the Commissioners
consider comprehensive new fee structures for the Department.
He indicated that, if the Department is to become self-
supporting, it will have to generate enough revenue to cover the
cost of providing services. Mr. DiVito then reviewed the
changes being recommended. He stated that last time there were
overall changes was in 1997. Mr. DiVito reviewed a comparison
of the proposed new fee schedule with the City of Hagerstown,
Frederick County and the County’s existing fees. The meeting
was opened for questions from the Commissioners. Commissioner
Snook stated that it
MARCH 28, 2006
PAGE FOUR
would be taken to public hearing and advertised twice pursuant
to the legal requirements.
CONSULTANT PRESENTATION – CABLE RELATED NEEDS AND INTERESTS
Ronald Whitt, Director of the Information Technologies
Department, introduced Thomas Robinson, Executive Vice President
of CBG Communications, Inc., which performed the Report on
Cable-Related Needs and Interests within Washington County. Mr.
Robinson reviewed the key findings and recommended that the
County pursue cable communication franchises with Antietam,
Adelphia, and Comcast.
Mr. Robinson reviewed the Community Needs and Interests section
and cited concerns regarding the variety of cable programming,
quality of cable programming, and cost versus value. He
concluded that the franchise should include the following:
provisions to establish customer service standards; provisions
that help facilitate critical public safety communications,
establish and enforce technical standards, establish reasonable
density requirements; provisions that help bolster economic
development; and provisions that ensure the continuation,
development and expansion of educational and governmental access
services. Mr. Robinson further recommended that the franchise
include provisions to ensure state of the art delivery of
Educational and Governmental Access services; development of
reasonable support mechanisms to help access programming meet
subscriber needs and interests; provisions requiring the
approval of transfers, provisions that ensure that the County’s
and public schools’ networking needs are met cost-effectively in
the future; protections for the public rights-of-way; and
protections for the County and its citizens. Mr. Whitt stated
that the Washington County Public Network is recommending that
the Commissioners consider cable franchise agreements with the
local cable television providers.
The meeting was then opened for questions and discussion.
Commissioners Munson and Wivell expressed their opposition to
cable franchising. Gene Hager, General Manager of Antietam
Cable, and Steve Horvitz, counsel for Antietam Cable, were
provided the opportunity to comment regarding the study and the
recommendation. The Commissioners thanked Mr. Robinson for the
presentation and stated that they would take the issue under
consideration.
GENERAL FUND BUDGET WORKSHOP – ESTIMATED REVENUES
Debra Murray, Director of Finance, met with the Commissioners to
review a draft of the FY 2007 revenues. Ms. Murray provided a
brief overview of revenues and stated that the estimated
baseline for FY 2007 is $17.2 million or a projected 10.7
percent increase. However, the expenditure requests before cuts
are made is $19 million. She informed the Commissioners that
real estate tax revenues would come in higher than budgeted if
trends continue. Ms. Murray stated that the increase reflected
in the base for 2007 reflects new growth and assessment
increases. The proposed FY 2007 budget for real estate tax is
$87,072,850.
Ms. Murray then provided information on the proposed reduction
of the property tax cap from 10% to 5%. She stated that the cap
would take effect in FY 2008 and would result in a projected
loss of revenue of $3,081,001. Ms. Murray also reviewed the
cumulative effect of the cap through FY 2011. She outlined the
assumptions used regarding the percentage of growth the County
would experience in making the projections.
The Commissioners discussed providing a tax credit or rate
adjustment in FY 2007 since the property tax cap would not take
effect until FY 2008 and agreed to have further discussions on
this subject in the future after reviewing the entire budget
picture. Commissioner Kercheval indicated that the staff should
work with the State to assure that tax records are correct.
Motion made by Commissioner Munson, seconded by Wivell, to lower
the property tax cap for Washington County from 10% to 5% to
take effect in FY 2008. Unanimously approved.
MARCH 28, 2006
PAGE FIVE
(Commissioner Wivell was excused from the Meeting at 4:41 p.m.)
CONVENE IN CLOSED SESSION
Motion made by Commissioner Munson, seconded by Nipps, to
convene in closed session at 4:42 p.m. to consult with counsel
to obtain legal advice, discuss personnel matters relating to
the employment of individuals over whom the Commissioners have
jurisdiction and any other personnel matter affecting one or
more individuals, and consider a matter that concerns a proposal
for a business or industrial organization 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 Nipps, seconded by Kercheval, to
reconvene in open session at 5:30 p.m. Unanimously approved.
In closed session, the Commissioners consulted with counsel to
obtain legal advice on one (1) matter, discussed personnel
matters relating to the employment of individuals over whom the
Commissioners have jurisdiction, and considered a matter that
concerns a proposal for a business or industrial organization to
locate, expand, or 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, County Attorney; Joni Bittner,
County Clerk; Gary Rohrer, Director of Public Works; Joseph
Kroboth, Deputy Director of Public Works; David Hankinson,
Director of Human Resources; and Ed Plank, Interim Director of
the Highway Department.
EMPLOY – DIRECTOR OF HIGHWAY DEPARTMENT
Motion made by Commissioner Munson, seconded by Kercheval, to
approve the recommendation to hire Ed Plank as the Director of
the Highway Department to fill the existing vacancy.
Unanimously approved.
ADJOURNMENT
Motion made by Commissioner Kercheval, seconded by Munson, to
adjourn at 5:32 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,
County Clerk