Note: This is a SUMMARY of the Commissioners Meeting for the purposes of a Press Release. These are not the official 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
October 28, 2003

COMMISSIONERS' REPORTS AND COMMENTS
Commissioner John Munson commented on a meeting of the Solid Waste Advisory Committee. Burning of tires at a local cement plant was discussed, action will be delayed three months on that request, Munson said.
Commissioner Dori Nipps reported on the Home Builders’ Association of Washington County’s recent meeting, on a citizen complaint on water pressure in the Greenberry Hills subdivision, and on a meeting of the Task Force on school facilities that discussed alternate sources of funding for Capital projects.
Commissioner Bill Wivell commented on the Department of Social Services’ Board meeting last week. DSS intends to submit its FY ’05 budget to the Commissioners with requests for school-family liaison and adult foster-care programs. A $3,000 rent increase for the Family Center will be included in that request, Wivell said. A request was made to install speed humps on High Rock Road several months ago, and Wivell asked about progress on that request. Commissioners’ President Greg Snook directed that the Highways Department crew install those speed regulating devices in the spring.
Commissioner Jim Kercheval reported on a meeting of the Hagerstown Cultural Heritage Center Committee, which wants to use the Nicodemus Bank building on West Washington Street as a community center for genealogy research.
Commissioners' President Greg Snook told the Board that a letter had been received from the City of Hagerstown requesting that the name of North Street be changed to Charles E. Hodges Avenue to honor a leader in the community. A letter was received from the Hagerstown Housing Authority requesting reconsideration of a decision by the Board not to grant excise tax exemption to the Gateway Housing project on Hagerstown's West Side. Maryland’s Most Beautiful Citizen will be honored on November 12th in Annapolis, Snook said. A meeting with the Mayor of Hagerstown, the City Police Chief and the County Sheriff was held to discuss plans for a Central Booking Facility (CBF). Preliminary plans for such a facility are in the works, and Snook suggested a detailed presentation be made to the Board, and priorities be set for support of Public Safety projects. The need for the CBF and the need for a fifth Circuit Judge need to be analyzed and balanced. A joint meeting between all parties will be set, Snook said.

STAFF REPORTS
Public Works Director Gary Rohrer announced that the Highway Department has completed renovations to Reno Monument Road and that thoroughfare has been reopened. The presentation on Highway User Funds that Rohrer will make to the local Delegation to the Maryland General Assembly will take place at 9 a.m. 0n Thursday November 20th at the Frostburg Center

APPLICATION FOR REZONING
County Attorney Richard Douglas brought Case RZ-03-001 before the Board.
The applicants, Sylvia J. and William D. Martin requested that their property be rezoned from Business General (BG) with conditions to Residential Rural (RR). The property consists of 23.93 acres located in the southeast quadrant of US 340 and Keep Tryst Road. The Commissioners have been discussing the requested rezoning since August, and consensus of the Board at that time was to deny the requested rezoning. The Board then deferred a vote on a final decision for the preparation of a written opinion incorporating the Board’s findings and conclusions. On August 26, at the suggestion of the applicants, this Board referred the case to the Planning Commission for a recommendation as to appropriate density. At its meeting on September 8, the Planning Commission discussed the case but declined to make a recommendation, citing the previous recommendation on the application and the pending comprehensive rural area rezoning. Douglas presented two alternative plans for a possible rezoning. The property could be moved from Business General to Rural Residential, or to the new Rural Village designation. Douglas told the Board that findings have shown that the BG zoning was a mistake made 20 years ago. Discussion on the RR zoning being eliminated when the Comprehensive Zoning takes place had a bearing on the case. The boundary of the Rural Village will be amended to include the property, and a 9-lot density will be allowed. The measure was approved by a 4-1 vote, with Commissioner Wivell voting “no”. The property owner will have 5 days to appeal the decision.

ROBINWOOD CORRIDOR AND ADEQUATE PUBLIC FACILITIES CONTRIBUTIONS
Public Works Director Gary Rohrer requested that the Board establish the APFO fees for all growth and development that has or will have a direct impact on transportation infrastructure in the Robinwood Drive, Edgewood Drive and Mt. Aetna Road corridors. Rohrer presented the Board with two basic options in addressing developer participation for APFO transportation issues. Both require fee assessment based on evening trip generation, the amount of traffic generated by the development, and while sharing in all improvements that benefit the area. Rohrer recommended that the Board adopt an option that requires developers in the region to share the cost of all improvements based on $5,445 per PM peak hour trip. The BCC voted to accept the recommendation and established the recommended fee. Rohrer shared six possible options in dealing with APFO obligation generated by the anticipated traffic impact by the new hospital. Two of the options gave no special considerations to the hospital for prior agreements or prior APFO investments to the current infrastructure. Two were consistent with the minimum requirements of the 1995 agreement developed at the time of construction for the second phase of the Robinwood Medical Center. The remaining two options gave consideration to prior contributions by the Antietam Health System toward major infrastructure improvements in 1996. Rohrer recommended option 5 to the BCC which assesses $2.17 million toward needed improvements while giving credit for the prior work. In his recommendation, Rohrer stated that "others have benefited from prior contributions by Antietam Health. Since we are now expecting them to share in the remaining improvements that will also benefit others, it is only reasonable to show recognition for that which they've already done." The Commissioners requested copies of the prior agreement and its amendment and took the matter under advisement.

CITIZENS PARTICIPATION
Each week the Board of County Commissioners sets aside time to hear from citizens of Washington County on matters of importance to the community.
Engineer Jerry Cump and Developer Manny Shaool discussed a proposed development that has been delayed by EPA regulations. One of 8 subdivisions originally grandfathered under the building moratorium, the development would have to meet certain criteria by October 31st. Shaool requested that deadline be extended. Commissioners’ President Snook said that the issue is up for discussion in the afternoon session.

OTHER BUSINESS
County Administrator's Comments: County Administrator Rod Shoop requested a budget transfer of $134,000.00 be added to the Engineering budget to cover the cost of new plan review personnel, with funding to come from recently enacted engineering fees. That measure was approved by a 4-1 vote with Commissioner Wivell voting “no”.
County Attorney Issues: County Attorney Richard Douglas requested approval of the Ordinance document extending the moratorium on large subdivision construction outside the Urban Growth Areas. The measure was approved by the Board last week, allowing for a one-year extension, with a review at 6 months. The document needed approval, and language relating to formation of a task force was removed. Minor editorial changes were also made. The measure was approved by unanimous vote.

MENTAL HEALTH AUTHORITY
Mental Health Authority (MHA) chair Carolyn Brooks, agency staff and members of its Board of Directors appeared to provide information on the operations of the agency, its staffing and budget. The MHA is the Core Service Agency (CSA) for Washington County, charged with oversight of funding for private non-profit organizations that deliver services to persons who have mental health problems. The MHA was asked to meet with the Health Department to discuss efficiency issues and make a report to the Board of County Commissioners. The Washington County Authority annual budget is $13.4 million with the bulk of that coming from Fee for Services dollars. The MHA has secured $1.4 million in grants for expanded services in FY 2004, and its administrative expenses are at $300,000.00. As the Core Service Agency for Washington County and a 501c.3 private non-profit corporation, the MHA is able to attract more grant funding than if it were part of a state or County organization. A recent grant from the County Gaming Commission was shown as an example. Board member Ethel Nemcek of the Office of Consumer Advocacy (OCA) explained differences in how the CSA operates in Washington County and Allegheny County. A multi-county agency, OCA is better able to provide services due to the flexibility that Washington County’s MHA provides, as Allegheny County is under the auspices of the Health Department there. MHA Board members requested that the status quo be maintained, citing the quality of services currently being provided to the 3,000 clients the MHA serves in Washington County. Further presentations will be provided by MHA to the Commissioners.

PROPOSED LEGISLATION WORKSHOP
Bob Everhart of the Washington County Liquor Board requested Commissioners' support for County inclusion in a bill that requires employees of bars, taverns, clubs and restaurants to take an Alcohol Awareness course taught by the State. One employee of all liquor licensees should take the course, Everhart said. 5 Counties have the course now, and the certifications are good for four years. The Board will consider the request as part of the legislative package for the coming session.

UPDATE ON CONVEYANCE OF FORT RITCHIE TO PMDC
Director of the PenMar Development Corporation (PMDC), Richard Rook, and Army representative Bill Spigler brought this presentation to the Board for informational purposes. Rook reviewed the timeline and legal considerations for the rescreening of potential users through public benefit conveyance. When Fort Ritchie was originally advertised, there were problems in the way the ads were worded according to a federal court. The property must be readvertised to allow for solicitations for public conveyance, which would open the process to many groups and agencies in the community. PenMar Development Corporation was renamed the Planning Local Redevelopment Authority in July. Coordination of Rescreening with Role Models America, a litigant, was done in September. The federal government advertised the rescreening on October 3rd, and the matter was readvertised locally by PMDC on October 10th. Deadline for accepting Notices of Interest (NOI) is January 9th of next year. An Outreach workshop is scheduled for November 20th at which representatives from sponsoring federal agencies and the Department of the Army will describe the process. Within 9 months of the deadline PenMar would submit a reuse plan to the Army, based on the NOI's received. A request to lift the injunction, imposed as part of the Role Models suit, could be filed in March. Rook and Spigler told the Board that 500 acres of property at the former Fort Ritchie have been declared environmentally suitable, and areas around the motor pool and a residential area have yet to be cleared of contaminants or unexploded ordinance.

DEADLINE APPLICATION TO EXEMPTIONS FROM RURAL DEVELOPMENT MORATORIUM
Interim Director of Planning and Community Development Steve Goodrich brought this matter before the Board. When the moratorium on accepting subdivision applications of 6 lots or more was adopted, the Board granted exemption to 8 development proposals that had already been through the Preliminary Consultation review. The 8 were allowed to submit applications for subdivision approval with more than 6 lots under the condition that Preliminary Plat approval be granted by the Planning Commission by October 31, 2003. Goodrich requested that the Board decide if the current deadline for the exempted developments should stay in place. In last week's meeting, the Board agreed to extend the moratorium for one year, with review in 6 months time. Goodrich told the Board that Appletown Estates had reduced its number to 8 lots, and was granted approval of the Preliminary Plat contingent on agency approvals. Limestone Acres reduced the number of lots to 14 and was granted a Preliminary Plat approval. Glen Erin was granted inclusion in the Urban Growth Area on October 14, to allow for water and sewer services, thus removing the plan from the moratorium process. The Bowers Property development was granted Preliminary Plat Approval contingent on agencies' approvals, with a final review mandated. The H.F. Payne Construction Company project situated at the Southwest Side of Monroe Road at Route 34 was originally not accepted due to location in a floodplain and inability to meet approval deadline. That developer is working with the Town of Boonsboro regarding annexation and water and sewer services. By a 3-1 vote, the Board said that 5 of the original 8 developments, including Sunset Meadows had met requirements and could move on through the process.

ADOPTION OF PROPOSED RIGHT TO FARM ORDINANCE
Land Preservation Administrator Eric Seifarth brought the proposed Washington County Right to Farm Ordinance before the Board for further discussion and possible adoption. . A public Hearing on the matter was held on September 30th, with the record remaining open for written comments for the prescribed period. The Ordinance would protect a person's right to engage in agricultural or forestry operations. A draft of the rule says that the Board believes that protection of this right is in the best interests of county citizens. The Ordinance would add to the ability to efficiently regulate land use in the county. The general purpose of the Ordinance is to promote Agricultural operations and preservation and improvement of Ag lands. The Ordinance would promote a more clear understanding between farmers and their non-agricultural neighbors. Complaints are often driven by odors, dust or farm vehicle use of the highways. The rule would limit a right to private action against an agricultural enterprise if the farm or business was operating in accordance with accepted agricultural management practices. Notification of the right to farm would be included in transfer tax documents. The Ordinance also creates an “Agricultural Reconciliation Committee” for the County to arbitrate and mediate disputes involving Ag operations. The Board agreed that it was not in the original intent of the measure to include certain agri-businesses such as feed mills. Equine operations were added to the Ordinance, County Commissioners' authority to remove Board members was added, and several other procedural clarifications were included. An additional Citizen at Large position was added to the Reconciliation Committee structure and the Agri-business representative was eliminated. With corrections as outlined, the Board approved draft #6 of the Right to Farm Ordinance by unanimous vote, to be effective January 1, 2004.

9-1-1 ELECTRONIC ALARM TERMINATION FEE STRUCTURE
Director of Emergency Services Joe Kroboth requested that the Board adopt a proposed policy and fee structure based on industry standards and rates for the amount changes 51 public and private buildings for digitized alarm notifications. Of that number 28 are County-owned buildings, 16 are fire or EMS stations, and 7 are private buildings. The Board had requested the Department to review the fee during the FY 2004 budget preparations. County revenues would increase from $525 per year to $1,750 per year. The current fee of $75.00 per year is far below industry rates and the proposed structure would raise the fee to $250 per connection per year. Volunteer fire and rescue companies would be exempt, as would County owned and operated structures. Goal of the measure, Kroboth said, is to only serve those County-owned or supported organizations, and eliminate competition with the private sector. The measure was approved by a 4-0-1 vote, with Commissioner Munson abstaining.

REIMBURSEMENT FOR MEDICAL SUPPLIES
Kroboth and Emergency Medical Services companies representative Alan Matheny also requested that the Board provide a response to the Washington County Volunteer Fire and Rescue Association (WCVFRA) to fund the cost of Emergency Medical Services supplies used in the pre-hospital environment. Recent changes in federal law has forced the manner in which patients are charged for supplies to change. The County hospital began charging EMS companies for those supplies on October 1st. The WCVFRA requested that the Board absorb the cost of the supplies last July, and the matter was taken under consideration. The estimated impact is $200,000.00 per year. The Board came to a consensus that once the rates have been set by the hospital, that the County be billed for the supplies for 90 days, while the Emergency Services Council has time to take the matter under advisement and issue recommendations to the Commissioners.

CONTRACT AWARD: DISPROPORTIONATE MINORITY ASSESSMENT PLAN
County Purchasing Agent Karen Luther and Washington County Community Partnership (WCCP) Program Administrator Gina Hartley brought this contract before the Board for award.. Disproportionate Minority Representation (DMR) Assessment Plan in Washington County That plan will, assess how minority children, youth and families are served in County-funded or managed service programs. Washington Linkage Group (WLG) is the sole responder to the RFP, and the award would be in the amount of $64, 622. WLG will analyze and assess all youth serving systems in Washington County to develop measurable outcomes to understand disparities that may be present in the child serving systems that place youth at risk. Once the assessment is complete, WLG will ultimately design and submit a comprehensive data-driven plan of action for Washington County that will bring or maintain equity in all systems. This data-driven plan will result in a plan of action for each youth serving system and a comprehensive integrated plan that focuses collectively on the agencies, youth and the community. The Washington Linkage Group will provide 4 experienced staff to the project, which includes the CEO/President of WLG, a program manager, a program facilitator, and a research assistant. The target population will include all Washington County child serving agencies, specifically (but not limited to) the Department of Juvenile Services, health and mental health systems, public school system, and the child welfare system. This target will take into account the departmental personnel working in the agencies, internal and external reporting systems and system processes as well as focusing on how current services are being implemented. The target population that will benefit from the DMR assessment plan are the youth and families in Washington County. The goals of the DMR Assessment Plan are to examine policies, procedures, practices, and programs in an ongoing effort directed towards continual improvement, raise awareness of disparate issues in our child serving systems and collect data in all system processes, with a focus of incorporating a data-driven plan of systemic change to create necessary policy change, actual reductions in disproportionate data, and changes in attitudes, and establish a responsive plan of action to promote equitable services in all child serving systems. The contract would run through June 30th and WCCP personnel would be trained to perform the data collection and analysis in the future. The measure was approved by unanimous vote.