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
240-313-2077

 

Review of Actions Taken in the Washington County
Board of County Commissioners Meeting
December 16, 2003

 

COMMISSIONERS' REPORTS AND COMMENTS

Commissioner Jim Kercheval commented on attending the Winter meetings of the Maryland Association of Counties (MACo) last week. The Economic Development Commission reported that the City will seek County support for a new downtown parking deck in January, Kercheval said. EDC will begin the process to retain its national certification soon. Kercheval commented on Governor Ehrlich's visit to Mack Truck, and a recent meeting of the Black Rock Golf Course Board.

Commissioner Bill Wivell reported on the recent dedication of a new fire truck by Funkstown Fire Department. That equipment was funded through Homeland Security Grants. The Antietam Battlefield Illumination was impressive and well attended, Wivell said.

Commissioner John Munson commented on the Governor's Mack Truck visit, and said that a groundbreaking ceremony for an addition to that facility will be held on June 11 th .

Commissioner Dori Nipps also reported on the Winter Maco meetings, and on an Open House at the Rural Heritage Museum.

Commissioners' President Greg Snook told the Board that a letter from the State of Maryland relative to the annual mosquito spraying program revealed that the County's portion of the cost would be greater than 50% this year. A letter from the Mayor and Council of Hagerstown was received, outlining Legislative requests the City will make this year. Among those requests is support for a tax credit program, the Central Booking facility, a new parking deck, and the next phase of the Gateway housing project. Snook said that the MACo meetings are beneficial to all who attend, and give the Board an opportunity to interact with governing bodies from other Counties, hear about issues of mutual concern, and receive news on legislative actions.

REPORTS FROM COUNTY STAFF

Interim Planning Director Steve Goodrich gave the Board information on corrected school adequacy figures. Old figures had shown three schools to be over 105% capacity. Funkstown and Emma K. Doub schools function as one unit, and that means Doub is not over capacity. There are only two schools over capacity at this time, Goodrich said.

Emergency Services Director Joe Kroboth reported that the State of Maryland has appointed a new Director of Emergency Management, formerly an employee of Frederick County. The Department of Emergency Services has completed its Federal Homeland Security assessment. Many of the individual Fire/Rescue companies have applied for funding under Homeland Security. Those companies are paying the required match out of their own funds, and the County is not footing the bill for matching funds, Kroboth said.

Public Works Director Gary Rohrer told the Board that a natural gas recovery system could be in the works at the old Resh landfill if shown to be economically feasible. There are 96 gas well heads on the property tied into an automatic flare-off system and residents may notice flare on the property at times. The system is mandated by federal regulation. Public Works Division employees have routinely been signing off on supplemental letters to the Master Agreement for Highway Fund grants. Rohrer asked for Board approval to continue the process, rather than having to bring each letter to the Commissioners for approval. The measure was approved by unanimous vote.

INTRODUCTION OF NEW EMPLOYEES

Human Resources Administrator Dee Hawbaker brought newly hired County employee Raymond Palmer before the Board for introduction. Palmer has taken the post of Plans Examiner in the Department of Permits and Inspections.

TASK FORCE/COMMITTEE TO REVIEW RURAL AREA ZONING

County Administrator Rod Shoop brought this matter back to the Board for discussion. A Task Force to review comprehensive zoning issues was established in the December 9 th meeting of the Board. The Task Force will be charged with review of equity issues, lot exemptions, a "small parcel" program and permitted uses in rural area zoning. Also on the 9 th the Board decided on a 13-member committee, with each Commissioner appointing one member, and the remaining 8 being decided by consensus. A number of community organizations and individuals have requested membership on that Task Force, and discussion centered on representation of organizations. In today's meeting, the Board listed 16 groups that had sought representation or groups the Board felt should be included. Groups included the Farm Bureau, the Farming Community and Agricultural Advisory Board, Citizens for Protection of Rights, Citizens for Protection of Washington County, Greater Hagerstown Committee, Hagerstown/Washington County Chamber of Commerce, local Real Estate appraisers, Builder's groups including the Home Builders Association and the Association of Builders and Contractors, the Maryland Association of Realtors, Banking and Financial interests, Academia to include Hagerstown Community College, Frostburg State University and the University of Maryland, the American Farmland Trust, the Maryland Extension Service, the League of Women Voters, the Economic Development Commission and Legal/land use organizations. Letters will be sent to each of the groups asking that 2 names per group be submitted for consideration within the next two to three weeks. In addition, names of several individuals were received by the Board and the County Clerk. A formula for selection could include 5 nominees from groups, 5 nominees from the County Commissioners and three at-large nominees, for a total of 13 members. A workshop will be held in early January to review nominations and address makeup of the task force.

MARYLAND EMERGENCY MANAGEMENT ASSISTANCE COMPACT RESOLUTION

Director of Emergency Services Joe Kroboth brought the resolution before the Board for adoption. The Maryland Code as amended authorizes the State and local jurisdictions to provide emergency aid and assistance to other political jurisdictions in the event of a disaster or public emergency. Fire services, law enforcement, emergency medical services, transportation, communications, public works, engineering, building inspection, planning and information assistance, mass care, resources support, health and medical services as well as search and rescue support can be provided. The resolution calls for the Department of Emergency Services to be designated as the point of contact for emergency assistance when requested either within Washington County or by an outside jurisdiction. If the County does not enter the intra-state mutual aid agreement, eligibility for State and Federal emergency reimbursement could be placed at risk. The measure was approved by unanimous vote.

BID AWARD : FIRE & RESCUE INSURANCE

Insurance and Risk Management Coordinator AnnaJean McKnight brought this request before the Board, for acceptance of the bid for Fire and Rescue insurance protection from Selective Insurance Company and its agent, Stine, Davis & Peck. Selective has the account now, McKnight said. The quote for Worker's Compensation for Volunteers for calendar year 2004 is $152,531, up from $131,803 for 2003. The Package Policy quote is $418,668 for the same period, up from $359,386 for the past year. The premium reflects a 16% increase but is within budget figures for the current Fiscal Year, McKnight said. The measure was approved by unanimous vote, with Commissioners' President Snook asking for a review of self-insurance to assess possible savings.

ADEQUATE PUBLIC FACILITIES ORDINANCE: SCHOOLS

Public Works Director Gary Rohrer brought this issue back before the Board. Last week a final draft of Article V of the Adequate Public Facilities Orfdinance (APFO), dealing with public school adequacy and capacity, came before the Board for approval and adoption. Several changes were requested in the draft. A multiplier factor of 0.9 was removed from the draft, that factor had been added last week to account for the cost of school furnishings and equipment. Purpose of the amendment is to have the cost of new schools impacted by increased enrollments offset by developer contributions. Minor text changes were made, and discussion of how to handle subdivisions of less than 5 lots took place. A sentence was added to section 5.4 removing a 3-year expiration date for such small developments, in order to make all developers pay a fair share for increasing school adequacy. The measure becomes effective January 1, 2004 for all residential development for which Final Plat Approval has not been granted. The measure was approved by unanimous vote with a 6-month review provision.

RENTAL ALLOWANCE PROGRAM

Community Action Council (CAC) Director David Jordan brought the annual Rental Allowance Program (RAP) grant application and grant agreement to the Board for approval. CAC applies to the State Department of Housing and Community Development for the funds each year. This year's allocation is $58,478, and benefits approximately 60 households, providing a monthly subsidy of $150 to $250 . The initial grant funding is available to households for 6 months, and the householder completes a needs assessment and attends at least 2 follow-up visits to learn about job training and employability, continuing education, housing, and transportation. In addition CAC receives $6,314 from a County Grant-in aid to assist with administrative costs. The program helps homeless families transition into the community. The measure was approved by unanimous vote.

SUBDIVISIONS EXEMPT FROM THE DEVELOPMENT MORATORIUM

Interim Director of Planning and Community Development Steve Goodrich brought a request for approval of a plat before the Board. The Plat, titled Rocky Spring Enterprises, Inc. Lots 6, 7, and 8, has been judged to be consistent with the density guidelines of the adopted Comprehensive Plan. The moratorium on large developments outside the Urban Growth Area provided for exemptions for subdivisions with more than 5 lots if they were consistent with density guidelines of the Comprehensive Plan, and recommended for approval by the Planning Commission. The addition of the three lots increases the size of the development but the plat contains provisions to ensure that future development will not exceed the maximum density of one house per 5 acres. The request has Planning Commission approval. The measure was approved by unanimous vote.

EARLY ACTION COMPACT TO ATTAIN 8 HOUR OZONE STANDARD

Goodrich and representatives from the Maryland Department of Transportation and Maryland Department of the Environment (MDE) brought this request before the Board. MDE's Randy Mozier presented a PowerPoint presentation showing that the County is expected to be included in the April, 2004 designation of the 8-hour ozone non-attainment area within the Washington DC Consolidated Metropolitan Statistical area. An Early Action Compact (EAC) is a commitment to reduce pollution levels and avoid stricter regulatory requirements including transportation planning and air quality. MDOT and MDE are preparing a report regarding the status of the County in meeting EPA requirements. Certain other milestones will have to be reached in order to satisfy the Final Report on the EAC due by March 31 st . A mid-January Public Information meeting must be held, development of proposed actions to reduce ozone levels, a public hearing in mid-February to seek input on the proposed actions, and the final action on the proposal must be taken by the Commissioners prior to the March 31 deadline. If the effort toward completion of the EAC does not go forward, stricter federal and state regulations could be imposed on the County. Commissioners' President Snook questioned whether adjoining counties in West Virginia and Pennsylvania were meeting the regulations. If not, Washington County could stand to lose out on Economic Development benefits. Snook called for a fair and equitable application of the process to the I-81 corridor. The measure, to follow the recommendations put forth in the Compact and meet the March 31 deadline, was approved by unanimous vote.

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.

Tom Berry of Rohrersville discussed rural rezoning issues.

Peter Thomas, Director of the Western Maryland Consortium, told the Board that the organization was recently named the #1 program of its type in Maryland. The WMC administers job training programs and is funded by the Department of Labor in Washington, Allegany and Garrett Counties. WMC will receive extra funding for expansion of training programs as a result, Thomas said.

John Urner, Attorney for the Town of Boonsboro, requested that the Board change its comprehensive plan Urban Growth Area limits to allow development of a section of land at the intersection of Maryland Route 67 and U.S. Alternate 40. The Planning Commission told the Town to send its request directly to the County Commissioners. Commissioner's President Snook questioned the school adequacy provisions of the Town's Adequate Public Facilities Ordinance, said that the Board would take the issue under advisement, and contact Urner prior to the December 28 th approval deadline.

IMPLEMENTATION OF CHANGE IN IRS REGULATIONS FOR HEALTH CARE FLEXIBLE SPENDING

Human Resources Director Dave Hankinson brought this request, to approve a plan document to allow employees to be reimbursed for expenses related to over-the-counter drugs, before the Board. In September, the Treasury Department and IRS released a new ruling that allows for Health Care Flexible Spending Accounts to reimburse expenses for medicines available without a prescription. The Over the Counter drugs would still have to be used for a medical condition, and would include allergy medicines, cold medicines, eye drops, hemorrhoid relief, pain relievers, wart treatment and smoking cessation. Employees could have to provide information showing that the medication is for a certain medical condition. There is no fiscal impact on the County. The measure was approved by unanimous vote.

UPDATE ON 40-WEST CEMETERY RELOCATION

County Chief Engineer Terry McGee and Deputy Chief Engineer Rob Slocum brought this report to the Board. McGee requested approval of a Change Order to the contact for additional relocation of graves found in a cemetery on the site of the 40-West Landfill. The County entered into a Memorandum of Agreement (MOA) with the Army Corps of Engineers, the Advisory Council on Historic Preservation and the Maryland State Historic Trust outlining procedures necessary for relocation of that cemetery. A Work Plan was developed and approved outlining the procedures, methods, and requirements of work to be done by the contractor/consultant. Close contact and cooperation has been maintained throughout the project by all parties involved. In the course of the project, approximately twice as many grave sites as originally projected were discovered. Of the 84 known burial sites, 22 have been identified for detailed archeological study by Physical Anthropologists at Radford University. All skeletal materials and artifacts are being stored in the consultants's laboratory in Frederick, and once details and scheduling issues are finalized, reinterment for all 84 burial sites will be held at St Paul's Church cemetery in Clear Spring. McGee told the Board that the discovery of double the anticipated number of sites increases the work effort on the part of the consultant, and many work items doubled in cost. Additional expenses have been incurred due to a difference in cost for cemetery lots at St. Paul's and a previously proposed burial site. The proposed Change Order reflects the increases and is based on unit cost items included with the original proposal. The contract is lump-sum based and contains a provision to be adjusted up or down based on actual findings in the field. The Change Order amount would be $247,093.05 and brings the total value for this PO to $382,069.75. A Budget Transfer Request in the amount of $76,000.00 is needed because the current budget is not adequate to cover the costs. Federal and State regulations, and the Memorandum of Agreement control work on the project, McGee said. The measure was approved by unanimous vote.

The Board attended Holiday Caroling Activities sponsored by County Employees at the noon hour, then attended the Annual Legislative Luncheon at Community Action Council.

BID AWARD: TRACK LOADER LEASE/PURCHASE

County Buyer Vicky McKenzie and Solid Waste Department Director Bob Davenport brought this request, to accept the low bid for the annual lease payment for a Track Loader to Alban Tractor Company of Baltimore. The annual lease payment would be $68,681.01, and the lease would run for a period of 5 years. At the end of that time, the bidder would repurchased the equipment for $127,000.00. The total adjusted project price would be $296,405.05. Funding is allocated in the Solid Waste Department's budget. The measure was approved by unanimous vote.

BID AWARD: HAULING OF SCRAP TIRES

County Purchasing Agent Karen Luther and Davenport brought this bid, for hauling of scrap tires to be recycled, to The Dirt Express Company of Glen Burnie, Maryland in the amount of $16,349.00. The cost was based on 61 tons of mixed auto/truck tires at $54.00 per ton, 87 tons of mixed auto/truck tires at $140 per ton and 5 tons of heavy equipment tires at $175 per ton. The Contract is for one year with option to renew for up to three additional consecutive one-year periods, to begin January 1, 2004. This contract will provide the opportunity to participate in the St. Lawrence Cement tire-derived fuel program. The Solid Waste Department budget is funded for the next 6 months for this purpose, and the additional contract amount will be placed in the FY '05 budget. The measure was approved by unanimous vote.

OTHER BUSINESS

County Administrator Comments: County Administrator Rod Shoop recommended the appointment of Bill Sprague as Director of the Department of Permits and Inspections. Sprague had been serving as Interim Director since the retirement of Paul Prodonovich from the position last summer. The measure was approved by unanimous vote.

Shoop also recommended appointment of Angela Smith as Deputy Director of Permits and Inspections. Smith had been serving as Interim Deputy Director since August of 2003. The measure was approved by unanimous vote.