Summary of Commissioners Meeting - May 6, 2003

Note: This is a SUMMARY of the Commissioners Meeting for the purposes of a Press Release. These are not the actual minutes of the meeting.

FOR IMMEDIATE RELEASE
CONTACT: NORMAN BASSETT
240-313-2130


Review of Actions Taken in the Washington County
Board of County Commissioners Meeting
May 6, 2003

INTRODUCTION OF NEW EMPLOYEE
Interim Human Resources Director Dee Hawbaker introduced Samuel Mowery to the Board. Mowery has been hired as a Welder in the Highways Department.

COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Dori Nipps reported on the Women at the Table events that honored former Park and Recreation Director Edith Sweigert, and on a meeting of the Recreation and Parks Board. Nipps told the Board that there are some concerns that takeover of recreation and park facilities at Fort Ritchie may have an adverse impact on other parks in the County. Nipps also commented on throwing out the first pitch for Opening Day ceremonies for the Pinesburg and Kemp's Mill softball fields.
Commissioner Jim Kercheval reported on a meeting of the Republican Club, and a Rotary Club District Conference as well as meetings with the Citizens for Preservation of Washington County (CWPC) and with Hagerstown Mayor Bill Breichner.
Commissioner Bill Wivell commented on the CWPC meeting, which discussed the moratorium on development in certain areas of the County, on D.A.R.E. day at Lincolnshire Elementary School, on speaking to the Rotary District meeting, and on meeting with City of Hagerstown Officials to discuss water and sewer issues. The Friends of the Smithsburg Library is holding a raffle, with first prize a hand-made quilt, Wivell said.
Commissioners' President Greg Snook commented on a recent vacation trip to Hawaii, and said that local governments in the islands are dealing with many of the same issues affecting Washington County, such as consolidation of government functions. Snook thanked Vice-President Bill Wivell for serving as head of government in his absence. A meeting with EDC Director Tim Troxell and new Allegheny Energy Real Estate Director Tracy Mundy discussed future development of the Allegheny Energy Park, and a visit to Mountainside Teleport was educational, Snook said. A letter from the Leitersburg Ruritan requested waiver of electrical and construction permits for installation of a walk-in cooler at that organization's location. The measure was approved by unanimous vote.

OTHER BUSINESS:
County Administrator Issues: County Administrator Rod Shoop presented Commissioners' Vice-President Bill Wivell with a "Parliamentarian Award" for service rendered during President Snook's absence.
Appointments to Boards and Commissions: County Clerk Joni Bittner brought a request from the Economic Development Commission for reappointments of J.D. Rinehart, Franck Erck, Noel Williams and Peggy Bushey. The measure was approved by unanimous vote.

CITIZENS PARTICIPATION
Each week the Board of County Commissioners sets aside time to hear from the Citizens of Washington County on matters of community interest.
Elizabeth Vahey of the Committee to Save Our Rural Areas presented 300 petitions signed by area citizens requesting that the moratorium on new large developments outside the Urban Growth areas not be lifted until new rezoning, text amendments and map amendments to the Zoning Ordinance are put into place.
Don Allensworth of Hagerstown commented on the recent "Unigovernment" discussion and asked if all municipal charters of the 9 local governments would be revoked, not just Hagerstown's. Transfer and Excise taxes have not been signed into law by the Governor as yet, and are not 100% guaranteed, Allensworth said.

CONTRACT AWARD: INDEPENDENT AUDITING SERVICES
County Purchasing Agent Karen Luther brought this recommendation before the board, to award the contract for independent auditing services to the lowest responsive, responsible proposer, Smith Elliott Kearns & Company, LLC, of Hagerstown, Maryland for a total lump sum price of $272,500 for Fiscal Years 2003 through 2007. Proposals were received from four firms consisting of Qualifications and Experience (Q&E) submittals and Price Proposals. The qualifications of all firms were evaluated and two firms were considered to be responsive. The contract term is for a one-year period with an option by the County to renew for up to four additional consecutive one-year periods. The next low bid was $40,000 above the bid from Smith, Eliot, Kearns. The County reserves the right to accept or reject any request for renewal. The measure was approved by unanimous vote.

SEMI-ANNUAL SCHOOL VISIT
Commissioners' President Snook introduced teachers and students from Paradise Mennonite School, who visit the Board of County Commissioners' Meetings twice each year. Snook described actions taking place and their significance, described a typical Commissioners' day, and discussed the role of the County Administrator.


PROPOSED EXCISE AND TRANSFER TAX DISCUSSION
Budget and Finance Director Debra Bastian and Planning and Community Development Director Bob Arch brought this discussion before the Board. The Fiscal Year '04 budget proposes a transfer and excise tax at a rate consistent with providing $2.4 million in annual revenue. Funds from this revenue source are currently budgeted to support the capital improvement program for FY 2004-2009. A public hearing on these taxes is scheduled for June 10th. Tax rates are required to be set before the beginning of the new Fiscal Year. This revenue level supports "Pay-Go" funding for the CIP program. State law requires $400,000 of the Excise Tax to fund Agricultural Preservation. A Transfer Tax of 4.4% would generate $1.7 million, and an Excise Tax rate of 2% would generate $696,000.00. Excise taxes apply to residential structures such as modular homes, apartments, townhomes and stick built homes. Transfer taxes apply to all real estate transactions and include commercial sales by business and industry. Arch told the Board that a number of options have been looked at by Planning, and policies would need to be set by the Commissioners. Municipalities will be affected, and need to be considered in the rulemaking. Planning is putting together data on the number of permits issued in the current year and potential revenue generation. Limits on transfer and excise taxes were discussed, with Commissioner Nipps commenting that of 17 Counties in Maryland that have transfer taxes, 10 have set rates of 1%. Arch told the Board that a detailed breakdown of tax options will be available by Next week. Commissioners' President Snook directed Arch to bring that report before the Board on May 13th.

OFFICE OF INTERGOVERNMENTAL AFFAIRS PRESENTATION
Robin Frazier of Governor Ehrlich's Office of Inter-Governmental Relations held a courtesy meeting with the Board of County Commissioners. Meetings are being held in each Maryland County as the new administration begins. Frazier, a former Carroll County Commissioner told the Board that the Governor has pledged better communications with all Counties, and that answers will be provided to all concerns Commissioners express. Commissioner Kercheval requested up to date information on the Governor's choice to replace Dori Nipps on the Washington County School Board, and discussed the limitations on long-term planning due to lack of information on duration of state cuts to Counties' budgets. Commissioner Wivell described the effects of Prevailing Wage on Washington County's school construction plans. Commissioner Kercheval asked about the need to fund new voting machines, saying that the old system worked well and that the state mandate had no value to Washington County. Commissioner Nipps cited the lack of funds for state mandated All-Day Kindergarten. Frazier told the Board that Governor Ehrlich wants to hear County needs and promises fair treatment for all Counties. Commissioner Snook commented that this is the first time a representative of the Governmental Relations Office has journeyed to Western Maryland. A list of upcoming major events in the County will be sent to Frazier so that state officials can plan to attend, Snook said.

ALCOHOL AND DRUG MISUSE POLICY
Transportation Director Kevin Cerrone and Risk Management Administrator Annajean McKnight brought policy PR-5B before the Board for adoption. County HR staff has been working on the amendments to the County policy for some months, but a recent audit by the Maryland Transportation Administration instituted a deadline of May 19th for an updated policy to be implemented. Federal Transportation Administration regulations covering "Safety Sensitive" transit workers are more stringent than the regulations covering other County employees. County employment Counsel Jonathan Topazian of Semmes, Bowen, Semmes drafted the regulation, and included a zero-tolerance requirement. Thus, this policy will be more strict that either the Federal or State policies. Under the rules affecting transportation workers, pre-employment drug testing, reasonable suspicion testing and post-accident testing will be implemented. Among other provisions the new policy designates the Risk Management Administrator as contact person, increases the number of transportation workers considered "safety sensitive" and changes the percentages of alcohol that may be in the subject's system. If the policy is not adopted by the due date, federal funding could be lost. The measure was approved by unanimous vote.

TEXT AMENDMENT: SUBDIVISION ORDINANCE
County Attorney Richard Douglas and Planning and Community Development Director Bob Arch brought the Subdivision Ordinance - Text Amendment - SO-03-01 before the Board. The amendment was proposed by the Planning Department staff, but the Planning Commission recommended denial of the amendment. Douglas told the Board that the amendment to would require that all subdivisions and development proposals be consistent with the policy areas and densities identified in Chapter 12 "Land Use Plan" of the Washington County Comprehensive Plan. Arch said that the Board should consider this amendment in the larger context of the Plan, the Moratorium Ordinance that was intended to preserve the status quo pending the implementation of the Plan, and the creation of the new Zoning Ordinance and maps. The Board is required to review the Moratorium Ordinance some time after April 29, 2003. The Ordinance applies only to new major residential subdivisions outside the Growth Areas. If the Moratorium Ordinance remains in effect, it may not be necessary for the Board to take action on the amendment at this time. Arch said that this amendment might be needed at a later stage, but might also be ultimately be rendered unnecessary by the adoption of substantial portions of the Zoning Ordinance, particularly those portions governing the rural parts of the County. The Arch presented a number of "interim growth options" to the Board looking at Major and Minor Subdivisions both within and outside the growth areas and effects of approval or denial of the Subdivision ordinance as well as continuation of the moratorium. Arch presented a timeline for Rural Policy Area Comprehensive Rezoning to begin this month and end in October to contain public information meetings and presentations to the Board. No action was required at the present time. The moratorium on large developments outside the Urban Growth areas will be reviewed at a later date.

BID AWARD: LABORATORY SERVICES FOR WATER/WASTEWATER TESTING
Purchasing Agent Karen Luther and Water and Sewer Department Director Greg Murray brought this request before the Commissioners, to award the low bid for Laboratory Services for Water and Wastewater testing to Fairway Laboratories, Inc. of Altoona, PA, in the amount of $32,460.00. The contract is for one year with option to renew for up to two consecutive one-year periods, to begin as soon as possible. The prior contract was in the amount of $37,190.00. The scope of work includes pickup, preservation and transport of samples twice weekly. Analyses are to be completed within two weeks. The measure was approved by unanimous vote.

The Board held the annual Public Hearing on the coming Fiscal Year Budget at Hagerstown Community College's Kepler Theater at 7 p.m.

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