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.
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.
Citing inadequate notification of citizens, Rhett Eckland of the Mount Aetna area appeared to request a delay in a Zoning Commission Public Hearing scheduled for Monday November 15 th on proposed expansion of a quarry in the eastern part of the County. Deputy County Attorney John Martirano said the hearing had been advertised greater that the required 14 days and that the County followed all state requirements for notification. A consensus of the Board was to hold the hearing, but have a continuance in order to gain additional input from citizens.
REACH SHELTER BUILDING PROJECT
Terri Baker, REACH Caregivers Executive Director and REACH Vice-President Tom Newell brought this request for $50,000 from Washington County to assist in completion of the REACH Center, which will house the Cold Weather Shelter for the Homeless. A matching amount has been requested from the City of Hagerstown. The organization has raised over $500,000 towards its goal of $750,000 to complete the center. The Commissioners provided a letter of support for a state grant application from the Maryland Affordable Housing Trust. The group plans to ask for state help, and the state expects support from local governments, Baker said. Commissioners' President Greg Snook said the Board will take the request under advisement and issue a decision within 2 weeks.
MARYLAND TRANSIT ADMINISTRATION GRANTS
County Transportation Manager Kevin Cerrone brought 6 grants and agreements before the Board for approval. The grants are for federal and state funding for the County Commuter's bus and specialized transit operations. The Small Urban Area Public Transportation Operating Grant Agreement between Maryland Department of Transportation(“MDOT”) and Washington County for Fiscal Year 2004 was brought to the Board. The estimated net project cost is $955,000, the project is funded jointly by the Maryland Department of Transportation and the Federal Transit Administration and the combined federal and state shares may not exceed seventy-five (75%) of the actual net project cost or $538,000, whichever is less. The federal share may not exceed $477,500, and the state share may not exceed $60,500. The County’s share is approximately $417,000. The Subscription Employment Transportation Grant , known as the JOBS van program, between the Maryland Department of Transportation and Washington County for Fiscal Year 2004 is funded jointly by the Maryland Department of Transportation and the Federal Transit Administration, with an estimated net project cost of $98,940. The federal share may not exceed 50% of the actual net project cost or $49,470, whichever is less. The State’s share shall not exceed $24,735. The local share is $24,735. The JOBS program for FY2005. has a project cost of $105,500. The federal share may not exceed 50% of the actual net project cost or $52,750, whichever is less. The State’s share must not exceed $26,375, and the local share is $26,375. The Americans with Disability Act (ADA) Assistance Grant Agreement between MDOT and Washington County for Paratransit services for Fiscal Year 2005 is for $209,000. The State share may not exceed the approved net project cost or $188,100 whichever is less. The County will be required to provide local public funds from sources other than revenue from the Project in an amount sufficient, together with the Operating Assistance, to assure payment of the actual net project cost. Local match of $20,900 is part of the Transportation Department’s budget previously approved by the Board of County Commissioners. The Fiscal Year 2005 Statewide Special Transportation Assistance Program (SSTAP) Operating Assistance Grant Agreement between MDOT and the County assists in providing transportation services to elderly persons and/or persons with disabilities. The estimated net project cost is $195,889. The State share may not exceed seventy-five percent of the approved net project cost or $146,917, whichever is less. The County will be required to provide local public funds from sources other than revenue from the Project in an amount sufficient, together with the Operating Assistance, to assure payment of the actual net project cost. The local public funds of $48,972 would be in the form of in-kind services. The Capital Grant Agreement between MDOT and the County for Fiscal Year 2005, will assist the County in the purchase of three small buses with lifts as replacements for older buses and a service vehicle, and assist the County with the costs related to the relocation transfer point and certain facility renovations. The estimated net project cost is $534,000. The combined federal and state shares may not exceed ninety percent of the actual net project cost or $480,600, whichever is less. The federal share may not exceed $427,200, and the state share may not exceed $53,400. The County’s share is $53,400. All County funds have been budgeted in the current fiscal year. The measures were approved by unanimous vote.
SHORT TERM AND LONG TERM FISCAL MANAGEMENT AND REVENUE POLICIES
Budget and Finance Director Debra Bastian brought this request, for approval of new Short and Long-Term Fiscal Management and Revenue policies, before the Board. The policy objective for the Short and Long-term Fiscal Management policy is to provide financial monitoring and control. The policy objective for the Revenue Policy is to identify trends and diversify revenue dependence. It also fulfills the “Best Management Practices” in Fitch’s top 10 lists for rating upgrades. Revenue policies are the key drivers of government operations, but are among the least common type of financial policies employed by governments. The revenue related policies would aid the County in providing public services and help ensure financial stability regardless of economic fluctuations. The Revenue Policies address diversification, stabilization, estimates, user fees, taxes, rate models, ratio analysis, non-recurring revenues, and other related issues. Minor text changes were suggested, to reflect annual monitoring and review of the policies, and the measures were approved by unanimous vote.
WATER AND SEWERAGE PLAN TEXT AMENDMENTS: TOWNS OF BOONSBORO AND FUNKSTOWN
Senior Planner Tim Lung brought these measures before the Board for approval.
The Planning Department has received a request from the Town of Boonsboro for this amendment to the Water and Sewerage Plan, identified as Case Number WS-04-003. The purpose of the amendment is to include in the text of Chapter Four, Existing and Planned Sewerage Systems, updated information concerning proposed upgrades and expansion to the Boonsboro wastewater treatment plant. The existing wastewater treatment plant is located within the corporate limits of the Town of Boonsboro. The proposed expansion and upgrades will also occur at this location. The 2002 Comprehensive Plan for the County indicates that there is a Town Growth Area established for the Town of Boonsboro. The Comprehensive Plan encourages growth and development to occur within designated growth areas where public facilities exist or can be easily extended. The proposed text amendments do not involve any changes to the existing sewerage service area associated with the Town. Based on the fact that the proposed expansion and upgrades to the treatment plan will provide for anticipated population growth and development within a designated growth area, the proposed amendment would be considered consistent with the Comprehensive Plan for the County. In addition, the upgrades to the treatment technology should improve water quality in the area. The measure was approved by 4 of the Commissioners with Commissioner Bill Wivell abstaining. The Planning Department also received a request from the Town of Funkstown for an amendment to the Water and Sewerage Plan, identified as Case Number WS-04-004. The purpose of the amendment is to include in the text of Chapter Four, Existing and Planned Sewerage Systems, updated information concerning the Town’s plans to replace its existing lagoon style wastewater treatment plant with a new sequencing batch reactor (SBR)-style treatment plant and to increase the treatment capacity from 0.15 million gallons per day (m gd) to 0.20 m gd. The existing wastewater treatment plant is located within the corporate limits and the replacement of the existing plant will also occur at this location. The 2002 Comprehensive Plan for the County indicates that the Town of Funkstown is associated with the Hagerstown Urban Growth Area. The Comprehensive Plan encourages growth and development to occur within designated growth areas where public facilities exist or can be easily extended. The proposed text amendment would not involve any changes to the existing sewerage service area associated with the Town. Discussion centered on a lack of information and no Funkstown elected representatives present to present further information. Commissioners' President Greg Snook requested that the town be notified and further discussions take place.
ZONING TEXT AMENDMENT: OUTDOOR ADVERTISING
Planner Jill Baker brought these text amendments to the Zoning Ordinance to the Board for review. The County Commissioners adopted an Ordinance on June 8, 2004 putting in place a moratorium for 90 days against the approval of any Outdoor advertising signs within the county. The Board extended that moratorium for an additional 90 days in early September in order to allow time for amendments to the existing language in the Zoning Ordinance to be amended. The County Commissioners and Planning Commission held a joint public hearing on September 20, 2004 to hear testimony on proposed amendments to the Zoning Ordinance developed by staff dealing with Outdoor Advertising Signs. Testimony was received both for and against the proposal. The record was held open for ten days following the hearing for additional written comments, and six additional pieces of correspondence were received by the Department. The Planning Commission considered the amendments at their regular meeting on November 1st and discussed with staff the proposal as changed in response to the testimony and comments. Following their discussions, the Commission voted to recommend approval of the proposed text amendments as modified by staff following the public hearing and including a number of changes they felt were necessary. The amendments proposed for the Sign Ordinance are an attempt to meet the needs of the business and advertising community, while still maintaining the aesthetic value of Washington County’s viewshed and the quality of life its citizens expect. The proposed amendments prohibit the erection of a new billboard sign unless an already lawfully existing sign is removed. The method is more commonly known as “cap and replace.” Essentially the new ordinance would put a ‘cap’ on the number of billboard signs in the county, but still allow for some new signs to be erected by ‘replacing’ or relocating existing signs to either more appropriate or more productive locations. Signs in existence at the time of adoption will be considered non-conforming uses and allowed to continue as such a use. Limits have been added to existing signs that are to be replaced and/or rehabilitated. Language has been added limiting the size, height, dimension, number of signs per lot, number of faces per sign, and proximity to residential and historically significant structures. The text also prohibits Outdoor Advertising Signs from being attached to anything not considered, by definition, as a structure, and prohibits movement of Outdoor Advertising Signs. It further restricts the zoning districts where the signs will be allowed. In addition to the requirement of removing one sign, new text has been added in respect to the design requirements and location of the new sign. Language was added to protect specific corridors that are scenic and/or historically significant. It also limits new signs to be located within the designated Urban and Town Growth Areas in an effort to protect the rural viewsheds in the County. Other minor revisions were made in the text for clarification purposes including deletion of a section on advertisements painted on buildings. The Board reached consensus to agree with the Planning Department, and the measure will return to the Board for approval next week.
COMPREHENSIVE RURAL AREA REZONING
Planning Director Mike Thompson brought this matter before the Board, to
continue discussions on the equity issue associated with the Rural Area Rezoning proposed for the Agricultural, Environmental Conservation and Preservation Districts. Commissioners Wivell and Kercheval have each suggested ways to address the equity issue and direction is needed from the Board in order that staff can work with the County Attorney to finalize the language for the Rural Rezoning update. On resolution of this issue, the Board would need to adopt the appropriate ordinances and resolutions developed by the County Attorney’s Office to complete the changes to the Zoning Ordinance, Zoning Map and Comprehensive Plan. Commissioner Wivell had posed a plan to preserve Agricultural Land and compensate land owners that would involve payment of about $4,000 per acre for the right to develop acreage above and beyond the 1:5 ratio proposed. For every additional 1-acre house site, 2 acres would be preserved. Commissioner Kercheval proposed a variation on Transfer of Development Rights (TDR's) that would give farmers an up-front preservation incentive of around $300 an acre, and put a 1:50 easement on property until the owner sold TDR's. Current easement programs were discussed, with Agricultural Preservation Administrator Eric Seifarth telling the Board that about $800,000 is currently available for preserving farmland that has been prioritized to state criteria. Commissioners' President Snook told Seifarth to move ahead with the prioritized easements, provide the Board with the list of current prioritized sites and return to the Board for further discussion of the issues.
OTHER BUSINESS
` Planning Director Mike Thompson brought information on the Early Action Compact air quality program to the Board. The Maryland Department of the Environment agreed with the County that the plan should fall within the air quality "Attainment" category. The Federal Environmental Protection Administration has disagreed, and the state has advised that the County take legislative action at the federal level. Thompson requested authority to draft a letter to Senators Mikulski and Sarbanes, and to Representative Bartlett requesting assistance with the EPA. Commissioners' President Snook told Thompson to proceed with the letter.
LEGISLATIVE PROPOSALS
County Attorney Richard Douglas brought these possible legislative proposals for the 2005 session of the General Assembly to the Board for discussion. Douglas presented a collection of ideas for legislation proposed by County staff, many of which have not yet been explored from a legal standpoint. Recommendations for salary increases for the Sheriff, Board of Education, and substitute members of the Board of Election Supervisors were approved in the November 2 nd meeting as was a request to amend the Salary Study Commission statute to provide a replacement for the now-defunct Washington County Taxpayers Association and for recommendations as to the salaries of the County Commissioners to be sent directly from the Commission to the Delegation. The list also included support for the Court’s request for a fifth Circuit Court judge, to Clarify the County’s authority to regulate weeds and provide for the imposition of liens to pay for the cost of county weed control when the property owner fails to comply with the requirements of the ordinance, transfer of the Agricultural Center property to the County, clarification of the authority to charge violations of the Animal Control Ordinance as municipal infractions, sprovision for criminal enforcement of the Animal Control Ordinance, provision of additional flexibility in the County purchasing law by allowing procurement by negotiation in certain circumstances, clarification of the provisions of the New Jobs Tax Credit law known as the “Miller bill” as to the base value on which the credits are to be computed, clarification of the regulatory authority of the Electrical Board, and authorization to employ more than one county attorney. Support was given to these proposals. A proposal by County Attorney Richard Douglas would request change of the effective date for municipal excise tax collections from July 1 st to January 1 st. Commissioner Wivell requested that Douglas look into legality for Agricultural Preservation programs and to look into possibility of abolishing the PenMar Development Corporation when the sale of Fort Ritchie is finalized. On the matter of revisiting sources of funding for school construction through a mix of county transfer tax, building excise tax, impact fees, and APFO fees, Commissioner Jim Kercheval proposed that the caps on the excise tax be lifted and developer school construction fees be transferred to the Excise Tax. This would simplify school construction fee collection across the entire County. County Administrator Rod Shoop requested support for all Counties in Maryland to have the same fiscal reporting deadlines. Last year a bill passed that allowed the five largest counties to make that report by January 1 st, while the remaining jurisdictions report in November. The request is that all counties be treated equally.
The Board attended the Economic Summit Meeting, held at Fountainhead Country Club during the evening hours.