Loading...
HomeMy WebLinkAbout060404 April 4, 2006 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 20, 21, and 28, 2006 Motion made by Commissioner Nipps, seconded by Munson, to approve the minutes of March 20, 21, and 28, 2006, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval stated that he attended an Eagle Scout ceremony for Brandon Brown. He reported on the Planning Commission meeting and the 2+2 Committee. Commissioner Nipps stated that she met with the Leadership Hagerstown Citizens class that was participating in the Citizens Emergency Response Training (CERT). She informed the Commissioners that the recent Habitat for Humanity fundraiser raised $57,500. Commissioner Snook reminded the Commissioners that the rescheduled joint rezoning hearing will be held on April 10 and a budget workshop is scheduled for April 11. He stated that he attended the opening of the new Orrstown Bank branch on Dual Highway. Commissioner Snook informed the Board that the Memorial Day ceremony at Rocky Gap Veterans Cemetery is scheduled for May 29. He reported on the Chamber of Commerce Executive Board meeting and the MACo Legislative Committee. Commissioner Snook noted that the State has agreed to release the FY 2006 highway user funds to the counties. REPORTS FROM COUNTY STAFF Jim Sterling, Director of Buildings, Grounds, and Parks, informed the Board that the Events Committee of the Rural Heritage Museum has scheduled several fundraisers to benefit the Museum and help defray operating costs. He provided information on the events being held this month at the Agricultural Education Center and asked if the Commissioners would consider waiving the rental fee for the facility for the tractor pull. Motion made by Commissioner Munson, seconded by Nipps, to approve the request of the Rural Heritage Museum Events Committee to waive the rental fee for the Agricultural Education Center for the tractor pull to be held on May 21, 2006. Unanimously approved. John Latimer, Director of Emergency Services, informed the Commissioners that the Department of Natural Resources has issued a burning ban on public and private lands due to the dry weather. It was the consensus of the Commissioners to authorize acceptance of a $3,200 grant from the Mid-Maryland Emergency Medical Services to offset operations for emergency services, and it was approved unanimously. (vote not necessary?) Mr. Latimer stated that 35 participants from the 2005-06 Leadership Hagerstown class participated in CERT training classes. He indicated that the next CERT training is scheduled for July 20 and is open to public. Mr. Latimer recommended that William Young be approved as the eighth member of the Emergency Services Fee Structure Task Force. The Commissioners concurred with the appointment of Mr. Young. Mr. Latimer outlined the goals of the Task Force. Commissioner Kercheval stated that he would like to see the goals be more comprehensive. GRANT APPLICATION – GOVERNOR’S OFFICE OF CRIME CONTROL AND PREVENTION Motion made by Commissioner Nipps, seconded by Munson, to approve the submission of a grant application in the amount of $30,950 to the APRIL 4, 2006 PAGE TWO Governor’s Office of Crime Control and Prevention for the salary of the work crew supervisor for the Alternative Sanctions program. Unanimously approved. BID AWARD – LABORATORY SERVICES FOR WATER/WASTEWATER TESTING Motion made by Commissioner Nipps, seconded by Wivell, to award the contract for laboratory services for water/wastewater testing for the Department of Water Quality to Atlantic Coast Laboratories, Inc., which submitted the lowest responsible, responsive bid of $32,170. Unanimously approved. GENERAL FUND BUDGET DISCUSSIONS Debra Murray, Director of Finance, met with the Commissioners to review a draft of the FY 2007 revenues. She informed the Commissioners that real and personal property tax revenues are expected to be $97,474,430; income tax and local tax revenues are projected to be $69,940,000; and interest on investments $2,787,000. Ms. Murray reviewed the increases in fees being proposed by the Permits & Inspections and Planning Departments and how they would affect the budget. She provided an overview of each revenue item. The total proposed general fund revenue is projected to be $170,201,430. Ms. Murray stated that they are projecting an increase in income tax of 5.44% for FY 2007. She provided an update on the FY 2006 current budget and estimated that reviews should be 7.5% over budget, but cautioned the Commissioners that there are still four major income tax distributions in the fiscal year. Ms. Murray indicated that she budgeted on a conservative trend for FY 2007. The meeting was then opened for questions and discussion. RESOLUTION – HOMESTEAD TAX CREDIT Motion made by Commissioner Kercheval, seconded by Munson, to approve a resolution lowering the Homestead Tax credit percentage to 105% for the taxable year beginning July 1, 2007, in accordance with Section 9-105, Tax-Property Article, Annotated Code of Maryland. Unanimously approved. APPROVAL OF HAGERSTOWN ADEQUATE PUBLIC FACILITIES ORDINANCE Richard Douglas, County Attorney, reviewed the City of Hagerstown’s proposed Adequate Public Facilities Ordinance (APFO) and the revisions made to the document. Kathy Maher, Planning Director for the City, was available to answer any questions. The Commissioners agreed to send comments on the companion exemption to the “minor residential subdivisions” exemption granting an equivalent number of new dwelling units per high school attendance area in a given year as were exempted by the County in the prior year in the North Hagerstown High and South Hagerstown High school attendance areas for minor residential subdivisions. Commissioner Wivell suggested that they use a pro-rated number of students inside vs. outside City limits or ratios of geographic area of attendance area in this section. Commissioner Kercheval also suggested that the City remove the amendment requiring that the County provide “specific findings of fact” if a mitigation program is not in compliance. The Commissioners asked Mr. Douglas to contact the Planning staff and Board of Education to get answers to their questions. They agreed to send comments to the City about the APFO. COUNTY ATTORNEY ISSUES Mr. Douglas stated that Delegate Shank has asked that the County to take a position on House Bill 1407 as amended. He informed the Commissioners that the amendment to the Excise Tax Ordinance for non-residential development was changed to exempt additions of up to 50,000 square feet and can only be used once in a five- year period. After discussion, it was the consensus of the Commissioners to support the amendment but agreed that they would prefer that it only apply to non-retail businesses. CITIZENS’ PARTICIPATION Tom Berry spoke with regard to the recommendation made by the Home Rule Task Force. He asked that the Commissioners research the issue and relay the information to the citizens. APRIL 4, 2006 PAGE THREE Diane Eves addressed issues raised by Mr. Berry regarding the Charter Home Rule form of government. She also asked when the Commissioners would discuss whether a tax credit would be considered. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, asked the Commissioners to schedule additional budget workshops. Workshops were scheduled for April 10 from 1:00 p.m. to 4:00 p.m. and April 17 from 9:00 a.m. to 12:00 noon. 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 modifications to certain landfill user fees to become effective July 1, 2006. Robert Davenport, Director of the Solid Waste Department, presented the following changes being proposed by staff: General Refuse - $60/ton; Rubble, Building and Yard Debris - $60/ton; Sludge - $60/ton (domestic and industrial); Permit Fees for Residential Drop-off - $130/annual, Senior Citizens -$95/annual. Ken Conway, Chair of the Solid Waste Advisory Committee, presented the Committee’s recommendations for fee modifications where they differ from those of the staff: Building and Yard Debris - $75/ton; and High Volume/Low Weight - $100/ton. Mr. Davenport reviewed the rates charged at other landfills in the area for similar services. The meeting was then opened for questions and discussion from the Commissioners. Commissioner Snook announced that the hearing was open for public comment. There was no one present who wished to comment and the hearing was closed at 11:22 a.m. The Commissioners agreed to make a final decision at the April 18 meeting to allow time for citizens to submit comments in writing on this issue. HOME RULE TASK FORCE The Commissioners met with Joe Kroboth, III, Chair of the Task Force on Home Rule, to discuss the recommendations made by the Task Force. Also present were Task Force members John Barr, Brien Poffenberger, Donna Brightman, Diane Eves, John Martirano, and Monda Sagalkin. Mr. Kroboth stated that the recommendations made by the Task Force on March 7 were as follows: 1) Adopt some form of home rule; 2) Charter home rule was determined to be the best form of home rule for Washington County; and 3) Propose a mix of geographic and demographic representation on the charter board. The meeting was then opened for questions and discussion. Mr. Kroboth reviewed the process and timeframe needed to take this issue to referendum for the general election in November. The Commissioners thanked the Task Force members for meeting with them to answer questions. RECESS - LUNCH The Commissioners recessed at 12:05 p.m. for lunch. 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 OF WATER AND SEWER RATES AND FEES FOR FY 2007 A public hearing to consider the proposed rates for water and sewer service for FY 2007 was called to order at 1:05 p.m. Greg Murray, Director of the Water Quality Department, reviewed the recommendation for a 3% increase in water revenue and 2% increase in sewer revenue. He stated that the average residential customer would pay $2.15 more per quarter for sewer service and $3.50 more per quarter for water service. Mr. Murray informed the Commissioners that the recommendation is based on the Black & Veatch model. Commissioner Snook noted that since the County has taken over water quality, the actual increases in fees has been less than three percent per year, which is well under what was projected initially by the model. He commended the staff on their management of the facility. APRIL 4, 2006 PAGE FOUR 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. The public hearing was adjourned at 1:15 p.m. Commissioner Snook stated that they would take action on this matter at the April 18 meeting. 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 2007 budget. Mr. Hankinson provided statistics on employment activity for 2005 that indicated some changes should be made. He recommended an increase of 4.5% for the merit increase budget and provided information on increases being given by adjacent counties. Mr. Hankinson projected a 6.5% increase in health care costs this year. He reviewed the County’s prescription drug program and recommended changes in the plan this year. He recommended a small change of $5 in the employee costs for health care co-pays in FY 2007. It was recommended that the emergency room co-pay be increased from $50 to $100. Commissioner Wivell suggested that health savings accounts (HSA) be included as an option in the County’s cafeteria plan when it is rebid next year. The Commissioners discussed HSA accounts and how they could be structured. Mr. Hankinson provided information on the “Housekeys for Employees Program” which is a State program to encourage homeownership. He asked that the County provide $25,000 in the budget which would be used to provide a $5,000 loan for employees participating in the Maryland Mortgage Program. The loans could be used toward downpayment or closing costs and would be a 0% interest deferred loan payable when the property is sold or refinanced. The Commissioners took the recommendations under consideration. Mr. Hankinson stated that he would be presenting the personnel requests at next week’s meeting. PROPOSED NEW FEE STRUCTURE - PLANNING DEPARTMENT Michael Thompson, Director of Planning & Community Development, met with the Commissioners to review the proposed fee structure for his Department. Mr. Thompson stated that the fee structure has been designed to have development review functions funded through fees assessed on projects. He informed the Commissioners that the current fee structure was adopted in the late 1980s and has remained unchanged with the exception of items covered under the Forest Conservation Ordinance. Mr. Thompson also provided a comparison with similar fees charged by the City of Hagerstown, City of Frederick, and Frederick County. He then reviewed the proposed changes to the fee structure. (A copy of the proposed fee structure is attached.) The meeting was then opened for questions and discussion. The Commissioners requested additional information and examples of costs for different types and sizes of subdivisions. It was the consensus to take the proposal to public hearing for comment. DISCUSSION OF CITY APFO The Commissioners discussed the City of Hagerstown’s proposed APFO agreement. Mr. Thompson provided a map of school districts in Hagerstown both in and out of the Urban Growth Area. They agreed to send comments asking the City to include the clause “within existing boundaries” to Section 4.2(c) under exemptions. ROXBURY ROAD BRIDGE EMERGENCY STREAM BANK EROSION REPAIRS Joe Kroboth, III, Deputy Director of the Department of Public Works, met with the Commissioners regarding bids for emergency repairs for erosion and embankment stabilization repairs on Roxbury Road. Mr. Kroboth stated that the Commissioners authorized them to seek bids for the repairs on March 14, 2006. He stated that the Maryland Department of the Environment is allowing the work to be done without stream diversion if it is done from the stream bank. APRIL 4, 2006 PAGE FIVE Motion made by Commissioner Munson, seconded by Nipps, to award the contract for Roxbury Road Bridge emergency stream bank erosion repairs to C. William Hetzer, Inc., which submitted the low responsive, responsible bid of $57,930. Unanimously approved. YOUTH OF THE MONTH AWARDS – FEBRUARY 2006 The Commissioners presented Certificates of Merit to Lindsay Steiner (high school) and Courtney Silvis (middle school), in recognition of their selection as the February 2006 Youths of the Month as recommended by the Washington County Community Partnership for Children & Families (WCCP). The Commissioners commended them for their leadership, academic and extra- curricular activities. Commissioner Snook stated that each of the students would also receive a $100 savings bond from the WCCP. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson seconded by Nipps, to convene in closed session at 3:15 p.m. to discuss personnel matters relating to the appointment of individuals to boards and commissions over which the Commissioners have jurisdiction and any other personnel matter affecting one or more individuals, consult with counsel to obtain advice, consult with staff about pending or potential litigation, and discuss public security, since the public body determined that public discussions would constitute a risk to the public or public security, including the deployment of fire services and staff, 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 4:23 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter, consulted with counsel to obtain legal advice concerning one (1) matter, consulted with staff about pending or potential litigation, discussed public security, since the public body determined that public discussions would constitute a risk to the public or public security, including the deployment of fire services and staff, and to discuss an investigative proceeding on actual or possible criminal conduct. 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 John Martirano, County Attorney; Richard Douglas, County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Joseph Kroboth, III, Deputy Director of Public Works; John Latimer, IV, Director of Emergency Services; and Glenn Fuscsick, President of the Washington County Volunteer Fire & Rescue Association. RECESS The Commissioners recessed at 4:23 p.m. EVENING SESSION – TOWN OF HANCOCK The evening session was called to order at 7:00 p.m. at the Hancock Town Hall by President Gregory I. Snook, with the following Commissioners present: Vice President Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present were Hancock Mayor Daniel Murphy and Council members Randy Pittman and Sinclair Hamilton and Clear Spring Mayor Paul Hose, and Council members Carol Hovermale, Steven Blickenstaff, and Theodore Hovermale. TAX SETOFF – HANCOCK AND CLEAR SPRING 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 setoff program. Commissioner Snook stated that, for fiscal year 2006, Hancock would receive $52,135. Commissioner Snook stated that the Town of Clear Spring would receive the minimum payment of $2,000. He also reviewed the summary and formula for highways, police, and parks. APRIL 4, 2006 PAGE SIX Commissioner Snook informed the town officials that their employees are welcome to participate in any of the safety training sessions sponsored by the County. He stated that the Town might also want to piggyback onto the County’s overlay contract. He thanked the town of Hancock for adopting an Adequate Public Facilities Ordinance to address school capacity issues caused by growth in the town. The Commissioners discussed items of interest to the town officials and citizens in the area, including Program Open Space (POS) funding and proposed raises for deputies. Mayor Hose asked the Commissioners to consider raising the minimum payment for tax setoff. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Kercheval, to adjourn at 7:25 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk