FOR IMMEDIATE RELEASE
CONTACT:
NORMAN BASSETT
240-313-2130
Review of Actions Taken in the Washington
County
Board of County Commissioners Meeting
April 27, 2004
APPROVAL OF WASHINGTON COUNTY COMMUNITY PARTNERSHIP/LOCAL MANAGEMENT
BOARD BYLAWS
Washington County Community Partnership /Local Management Board
(LMB) Director Stephanie Stone brought this matter before the
Board for approval. Every three years the By-laws Committee,
a sub committee of the LMB, updates those operating rules. Discussion
centered on the number of meetings members must attend each year.
70% of the scheduled meetings must be attended or members will
be asked to resign. The Community Partnership serves as the local
management board mandated by State law. A Memorandum of Understanding
executed by and between the State of Maryland, the Subcabinet
for Children, Youth and Families, the Office for Children, Youth
and Families, the Commissioners and the LMB assists in disseminating
and monitoring state and federal grant funds. The measure was
approved by unanimous vote.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Bill Wivell reported that a letter from the group
studying Human Resources activities at the County and the Board
of Education had not found enough common ground to warrant consolidation
of those services. The group reviewed 7 functional areas, and
stated there was little overlap in the kinds of work performed,
computer systems were non-compatible, and other disparities which
would not generate cost savings substantial enough to support
consolidation of the HR services. The recent meeting of the Department
of Social Services Board of Directors heard a report on the state
Child Support Central Call Center. That project has allowed 3
DSS employees to be reassigned to other duties, Wivell reported.
A local model airplane association has requested use of the Resh
Landfill as a site for its activities. The County is in process
of closing and capping that site, and completion will not take
place for another 2-3 years. Commissioners' President Greg Snook
requested staff to take a look at a reuse plan for that landfill,
and said consideration could be given to the proposal, but there
are several issues the Board must consider.
Commissioner Jim Kercheval told the Board that in a recent
meeting in Hancock, a question was raised regarding continued
operation of a class in the town by Hagerstown Community College.
HCC President Guy Altieri said the class would be continued,
Kercheval reported. The Educator of the Year event was well-attended.
The children's library at Citicorp was dedicated last week in
honor of Betty Clopper, long-time Washington County educator.
The meeting with citizens of the Robinwood corridor last week
helped clarify some issues regarding the proposed road project
in that area, Kercheval said.
Commissioner John Munson reported on the recent meeting of
the Solid Waste Advisory Committee. Landfill revenues were again
above projected levels this spring. Munson said that long lines
and delays at the Landfill scales are due in part to loads of
yard waste that the County converts to mulch and resells. If
that waste were allowed to be dumped for free, and mulch fees
raised to offset the cost, the flow of traffic would be improved.
Public Works Director Gary Rohrer said that proposal could be
explored. Commissioners' President Snook said a long-term goal
could be a second set of scales. The State Highway Administration
will be asked to consider installing a traffic signal at Showalter
Road and U.S. 11 due to the increased truck traffic from the
runway project, Snook said.
Commissioner Dori Nipps commented on the Women at the Table
Life Leadership event, and said a presentation will be given
to an HCC class on government soon.
Commissioners' President Greg Snook told the Board that the
Robinwood Drive meeting was productive. Public Works Director
Rohrer said that a meeting of members of a church in the area
will be held this week as well. A Fax from Lincolnshire Elementary
School announced a special Career Day event on May 27 th. A letter
from the Smithsburg Library committee has asked about progress
on the Request for Proposal for bids on that project. Public
Works Director Rohrer said the draft RFP has been completed.
REPORTS FROM COUNTY STAFF
Public
Works Director Gary Rohrer told the Board that the Mayor and
Council of Keedysville have requested a meeting on Adequate
Public Facilities Ordinance issues. Berm Road near Hancock
is in federal land, part of the C&0 canal, and as such,
the County will not maintain the road. Federal officials are
in agreement, Rohrer said. Pavement damage on County roads
is so severe and funds so limited that a number of less-traveled
rural roads will be returned to gravel, Rohrer said, until
complete reconstruction us possible. Priority for repair will
be given to roads in the Urban Growth Area, where the majority
of travel occurs. The next step in the Adequate Public Facility
Ordinance fee structure will be the section requiring developers
to pay for roads in subdivisions. Commissioners' President
Snook also advised looking at drainage issues in the affected
areas.
PROCLAMATION: WASHINGTON COUNTY READING DAY
Kathleen
O'Connell of the Washington County Free Library received this
proclamation from Commissioner Greg Snook, designating May
1 st, 2004 as Reading Day in Washington County (Photo). The
proclamation cited reading as the foundation of all learning,
and said that literacy is essential to the quality of life
in Washington County. Our Citizens recognize that sharing enthusiasm
for reading is the best way to encourage children to develop
reading skills. Literacy shows the way to better medical care
and nutrition, gives people a sense of self-worth, helps strengthen
the economy through creating a productive and educated workforce.
The Partners in Literacy subcommittee of the Business Education
Partnership of Hagerstown-Washington County encourages all
citizens to participate in the 2 nd annual Reading Day activities
on May 1st, the proclamation read.
CONSTRUCTION BID AWARD: FORD DRIVE
County Chief Engineer Terry McGee brought this request, to
approve the Construction Bid Award to the low bidder, L.W. Wolfe
Enterprises of Myersville, Maryland for the amount of $1,913,707.64,
and approve a corresponding FY '05 budget allocation of $231,000.
McGee told the board that the contract involves extension of
Ford Drive in Hancock, to join Tollgate Ridge Road and Maryland
Route 144 East of the Town. The project will assist in improvement
of economic development in the area and road access for the Rayloc
Facility. A 360 Calendar Day contract, the anticipated Notice
to proceed would be June 9 th, with completion date June 6 th,
2005. Sections of Tollgate Ridge Road and Ford Drive will be
closed at times as the project progresses. Appropriate detour
markers will be posted. The measures were approved by unanimous
vote.
CONTRACT AWARD: HAZARDS MITIGATION PLAN CONSULTANT
County
Purchasing Agent Karen Luther and Emergency Management Coordinator
Verna Brown brought this contract award to the Board for approval.
To award the contract for consulting services to S & S
Consulting, LLC of Cumberland Maryland, based
on its proposal dated March 28, 2004, for the total lump sum
amount of $28,950.00. The Hazards Mitigation Planning Grant from
the Maryland Emergency Management Agency provides funding for
the development of a such a Plan for Washington County and its
municipalities. The Plan will address winter storms, wildland
and urban fires, drought, flooding, tornadoes, hurricanes, extreme
temperatures, karst topography/sinkholes, hazardous material
transport, dam failure, fire explosion, and transportation accidents
that threaten the health and welfare of communities in Washington
County. The consultant will assist various County departments
and municipalities in establishing goals and objectives and identifying
activities that will help prepare for and reduce the impact of
a natural disaster. The Plan will address the requirements of
various public safety and non-public safety departments/agencies.
The Mitigation Plan is required by the Federal Government in
order to obtain reimbursement after a declared disaster, and
will be updated in 5-year cycles. The measure was approved by
unanimous vote.
ELECTION INFORMATION SYSTEMS SPECIALIST
Dorothy Kaetzel, Director of the Board of Elections Supervisors
Office and Charles Mobley, President of the Board of Elections
Supervisors brought this request before the Board, to approve
hiring of an Election Information Systems Specialist to begin
January 1, 2005. The state created the position after the Election
Board submitted its FY '05 budget. The Maryland Board of elections
has requested that all election offices in the state have at
least one full-time IT position. Recently, computer aided touch-screen
election machines replaced paper ballots statewide. In addition
a new voter registration system has been put into place by the
federal government. The position would cost $22,093 in FY '05
and $44,185 in future years. In addition, Mobley told the Board
that the state Board of Elections has authorized wage and salary
increases that would total $12,000.00 for the coming fiscal year.
Although the positions are state jobs, the County pays wages
and salaries. Questions were raised about the duties an Information
Technology Specialist would have during the months when there
are no elections, and why raises were approved after passage
of the state budget. The measure was tabled pending further review.
PUBLIC HEARING-AMENDMENTS TO THE ADEQUATE PUBLIC FACILITIES
ORDINANCE
County
Attorney Richard Douglas brought this matter to public hearing
for the purpose of considering amendments to the Adequate Public
Facilities Ordinance dealing with two major issues the Commissioners
directed staff to address and others that arose in the review
and revision process. Formulas in Section 5.4.2 were "fine-tuned" for computing monetary compensation
to address school inadequacy on a school-by-school basis. Authority
of the County to control the pace of development as necessary
to ensure the adequacy of public facilities, not only at the
building permit stage, but at the subdivision and site plan approval
stage as well, was clarified. Other non-substantive, legalistic, “clean-up” amendments
were made to other sections of the Ordinance. The current formula
addresses children in all levels of public education through
grade 12. Elementary schools are considered the greatest problem
area, having the greatest tendency to fail if numbers are too
great per class. Public Works Director Gary Rohrer illustrated
the formula for APFO fees for schools, which currently have a
household factor of .41. If only elementary students are factored
the formula is .20. The formula assumes 115 square feet of space
per student in a new school per state standard, and a school
construction cost of $156 per square foot. Using the formula,
the APFO fee for a 40 unit development would be $142,900.00.
This sum does not include cost for books and equipment. A second
issue is clarification of authority for the Board of County Commissioners
to control development pace through stopping issue of permits.
Jim Laird of Citizens to Protect Washington County appeared in
opposition to the formula, saying that it weakened the process.
Laird said the original fee proposal of $7,500 per unit has been
lowered to $3,500 per unit under the new formula. Debbie Turpin,
representing the Home Builders Association of Washington County
also appeared in opposition to the measures, citing the need
for developers to be able to make payments over a period of time,
and opposition to the County controlling growth by ceasing to
issue building permits. The record will remain open for 5 business
days to allow for public comment, and a decision to approve or
not approve the measures will be made within the next several
weeks.
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.
Commissioners' President Greg Snook recognized a government
class from the Paramount Mennonite School, in attendance.
James Socks of Clear Spring presented a petition of signatures
from residents of the Broadfording Bridge area, requesting temporary
repairs be made to the bridge to allow for car and light truck
traffic. County Chief Engineer Terry McGee explained that a new
contractor will be in place by the end of June, and the bridge
should be repaired by the end of the calendar year. Additional
damage was caused by the previous contractor, and no traffic
can be allowed over the bridge due to its dangerous condition,
McGee said. The structure is one of a number of historic stone
arch bridges over creeks in the County. Commissioners President
Snook said the petition will be taken under consideration.
Larry
Gerber, representing local towing companies, commented on a
series of fees proposed by the Sheriff's Department that would
place a "cap" on
what towing companies can charge. Assistant County Attorney
Dwayne Gigeous said that the fees are for non-consensual towing
where companies are chosen by rotation. Further the fees are
still subject to adjustment, and no fees have been set in stone.
Commissioners' President Snook explained that certain fees
are set by the Sheriff, who as an elected official has the
same status as a County Commissioner. Snook asked that Gigeous
request the Sheriff's Department to conduct further discussions
and follow-up with the towing companies on those fees.
HAGERSTOWN NEIGHBORHOOD DEVELOPMENT PARTNERSHIP, INC.
Dick Phoebus, Executive Director of the Hagerstown-Washington
County Industrial Foundation (CHIEF) brought this information
before the Board. Hagerstown Neighborhood Development Partnership,
Inc. is a Community Development Corporation and a 501c3 non-profit
organization, dedicated to the redevelopment of the Hagerstown
core area. Phoebus said the area would be three to four blocks
from the square in any direction, and that developers are looking
for a square block to rehabilitate, or raze and build new housing.
Phoebus told the Board that a three-acre site within one block
of the center of the City had been identified. Grant funds would
be available from the U.S. Department of Housing and Urban Development
under Community Development Block Grants. CHIEF could purchase
the properties, and be reimbursed at a later date. There is $300,000
in the City budget earmarked for the project. Commissioner Snook
said the Board will discuss the project with the Mayor and Council.
IMPACT OF PROPOSED ZONING REGULATIONS ON RURAL BUSINESS
County
Attorney Richard Douglas, Interim Planning Director Steve Goodrich
and Permits and Inspections Department Director Bill Sprague
brought this issue before the Board, calling for the Commissioners
adopt a transition policy for the implementation of the amendments
to the Zoning Ordinance. Site plans and subdivision plats filed
in acceptable form within 90 days of the effective date of
the new Zoning Ordinance and completed in good faith would
be permitted. Uses reflected in site plans and subdivision
plats accepted within the 90‑day transition period would
essentially be “grandfathered” by creating a category
of nonconforming uses that would be legal so long as they were
not expanded or changed. Any change or expansion would require,
as with any other nonconforming use, a rezoning, such as to one
of the rural business categories, or an appeal to the Board of
Zoning Appeals (BZA). BZA approval of a use prior to the effective
date of the comprehensive rezoning would “grandfather” all
of the subsequent steps, like site plan approval, even if not
submitted within the 90-day window. The period of time adopted
by the Board should consider that the longer the transition period,
the more nonconforming uses will be created; the shorter the
period, the more pressure there is to file applications that
are of poor quality and not in keeping with the applicable ordinances.
Nonconforming uses are generally not favored in the law and are
expected to be amortized out of existence over time. The favored
method from a planning standpoint would be for the uses to be
rezoned to the new classifications as soon as possible. The transition
policy, to allow the 90-day "grandfather" period from
the future date of adoption of the Zoning Amendments, was approved
by unanimous vote.
REGULATION OF BILLBOARDS
Goodrich
and Douglas also brought the issue of billboard regulation
before the Commissioners for consideration. A moratorium on
new billboards was suggested, to give staff and the Planning
Commission time to study and formulate amendments to the current
sign ordinance. Currently, the Ordinance lacks specific regulations
for billboards. It is possible to control the construction
and placement of billboards through the general Ordinance,
but the process would be more effective if provisions were
tailored to a specific type of sign. This would allow the County
to unambiguously prohibit, limit, or amortize one type of sign
while permitting another. Drafting a separate ordinance or
making small or extensive amendments to the existing document
were suggested as ways to bring this about. The changes should
include a definition, conditions on new construction, and methods
for maintaining or eliminating existing structures. An examination
of how other Maryland counties and municipalities have treated
this issue will assist the County in creating its own billboard
regulations. As the Ordinance is currently worded, any regulation
of billboards would likely fall under the “Outdoor Advertising Signs" section. This
section covers a broad range of signs including billboards, roof
signs, and any sign that touts a product, service or activity
and is located outside. A change in the ordinance could be drafted
distinguishing billboards while leaving the portions that regulate
other types of outdoor signs. Current regulations allow for outdoor
signs up to 1,000 square feet in 7 zoning districts, smaller
signs in two districts, and prohibit outdoor advertising signs
in all residential districts. Size and location restrictions
are the best way allow the existence of billboards and control
their proliferation, Goodrich said. Washington County’s
choice of 1,000 square feet far exceeds the size restrictions
used by other counties. For example, Frederick County restricts
billboards to 360 square feet. The amended sections could allow
billboards in business and industrial districts while banning
them in other districts. This would keep pace with neighboring
Maryland counties while not affecting the use of small outdoor
signs as already permitted. Billboards are usually confined to
business, industrial or highway zones and in some cases, are
permitted in only one district. In addition to location and size
restrictions, an amended ordinance should contain setback, distance,
and maintenance requirements, Goodrich said. Distance requirements
vary from county to county, but they generally mirror those in
Washington County. Maintenance requirements are essential if
billboards are to be permitted as a continuing or a non-conforming
use. Common provisions include landscaping, repairs, preventative
maintenance and replacement. Although some Maryland counties
allow the construction of new billboards, Kent, Anne Arundel,
Montgomery, Worcester, and Talbot have banned them. If the county
wishes to rid itself of all billboards, existing and new, it
should consider a new construction ban and amortization. The
amortization period should reasonably allow owners to recover
any loss. Other options include permitting existing billboards
as a non-conforming use, either as-is or with conditions. A 90-day
moratorium, with those projects already in the pipeline allowed
to proceed, was proposed. The Board felt the Ordinance needs
to be tightened up, and that the legal department needs time
to prepare the necessary paperwork for such a move. Legal was
requested to make a recommendation on the proposed moratorium
at next week's meeting.
CANDIDATE SITE FOR FOREST CONSERVATION ACT PROGRAM
Elmer Weibley, District Manager of the Washington County Soil
Conservation District and Goodrich brought this information before
the Board. A candidate site for the Forest Act Conservation Program
has been chosen. The project would involve creating easement
on 87 acres of existing forests land and planting up to 9 new
acres of forest at the property of Robert and Anna Hoffman and
Janet Fisher, West of Hancock. The site has been approved for
forest conservation by the Planning Commission. Costs for the
project, approximately $125,000 come from the Forest Conservation
Fund and are paid by developers for mitigation of forest lands
disturbed by residential or commercial construction. The measure
was approved by unanimous vote.
MAUGANS AVENUE REALIGNMENT PROJECT PROPERTY PURCHASE
Real Property Administrator Dean Lowry brought this request
before the Board, to purchase property owned by Terry Porter
at the corner of Maugans Avenue and Spriggs Road. The Realignment
Project underway in that area requires the property for expansion
of highway right of way. The property and dwelling has a cost
of $191,000, plus $48,000 replacement housing costs and settlement
costs, coming from the right-of-way budget for the project. The
measure was approved by unanimous vote.
TRANSFER OF SURPLUS PROPERTY
Lowry also requested that property located at the southeast
corner of the intersection of U.S. 40 and Ashton Road be transferred
from the State of Maryland to Tommy's Girls LLC. When U.S. 40
was realigned, the County was given 3418 square feet of land
at that intersection, which has since become part of the front
lawn of Thompson Funeral Home. Washington County has no need
for the property, has the required 60 feet of right of way, and
would do a quit-claim deed transferring any rights it holds in
the property as well. There is no fiscal impact on County citizens.
The measure was approved by unanimous vote.
OTHER BUSINESS
Appointments to Boards and Commissions: County Clerk Joni Bittner
brought a request from the Economic Development Commission for
reappointments of John Barr as City of Hagerstown representative,
J.D. Rinehart as Municipal League representative, and John Schnebly
as the Greater Hagerstown Committee representative. Appointments
of Robert Ernst as Chamber of Commerce representative, James
Lobley and Dana Moylan as at-large representatives were also
requested. The measures were approved by unanimous vote.
County Administrator's Comments: County Administrator Rod Shoop
told the Board that the Miss Maryland Pageant has requested $2,200
from the Commissioners to pay for security services for the competition.
An annual request, those funds would come from the Commissioners'
Contingency Fund. The measure was approved by unanimous vote.
Kathleen
O'Connell of the Washington County Free Library received this
proclamation from Commissioner Greg Snook, designating May
1 st, 2004 as Reading Day in Washington County.
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