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.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Jim Kercheval thanked the Hagerstown Mayor and Council for passing a school impact fee ordinance at last week's meeting. The measure will do much to bring City and County policies in line and provide needed revenue for school construction. Kercheval reported on a meeting of the Chamber of Commerce task force on downtown revitalization. A federal initiative will address issues of homeless persons, providing grant funds for programs. Kercheval said that local jurisdictions with long-range plans are more likely to receive those funds, and asked County Administrator Rod Shoop to look into development of such a plan.
Commissioner Bill Wivell commented on meetings of the PenMar Development Corporation Finance Committee and the PMDC Board of Directors. The PMDC cash assets are $3.9 million, down slightly from one year ago due to rental housing issues, and certain capital investment Wivell said. A documentary about the fort “The Ritchie Boys” will be shown on January 9 th at 2 and 4:15 p.m. in the post gymnasium by the Cascade Committee, Wivell reported. The Water Quality Advisory Commission elected Glen Fishack chair at its meeting last week. The Hearing Examiner at the Maryland Public Service Commission issued an opinion regarding water and sewer rates that the City of Hagerstown charges county residents, Wivell reported. The proposed order found that water and sewer services were "fair and reasonable", absent evidence to the contrary, and denied further proceedings to review a cost of service study currently underway by the City of Hagerstown. The order becomes final unless an appeal is filed by January 6, 2005, Wivell reported.
Commissioner John Munson asked for a report on the employee vehicle study requested several weeks ago. Public Works Director Gary Rohrer said that his two largest departments, Water Quality and Highways, were told to assess fleet vehicle usage and how fuel use could be reduced. Rohrer said that the most cost-effective alternatives have been put into effect. The County reduced use of county cars by staff 5 years ago in a cost-saving effort.
Commissioner Dori Nipps reported on the Community Action Council meeting last week. About $650,000 in grant funds has been paid out since CAC began its energy assistance program, Nipps said. The Commission for Women assembled 20 gift bags for low-income clients of the Parent-Child center. "Women in the Arts" is the Theme for the Women's Commission essay contest, Nipps reported. The Historic District Commission meeting discussed the Barnes Road Bridge, and Nipps commented on meetings of the Western Maryland Consortium, CSAFE and the Home Builders' Association.
Commissioners' President Greg Snook told the Board that the Western Maryland Consortium has the highest ratings of any such state agency, and that the Maryland Job Service and the Consortiums in Maryland are merging operations and in some cases locations. Consolidation of locations has not taken place in Washington County as yet, Snook said. A letter from the state Department of Assessments and Taxation has advised that approximately 18,000 property owners will be reassessed in the county this year. Snook commented on work underway on the Broadfording Bridge. Public Works Director Gary Rohrer said that the project is on time, and the bridge will be open to traffic in January. The bridge will be re-closed in May for further restoration work, Rohrer said. The Traffic Advisory Committee discussed traffic problems in the Knepper-St. Pauls road area near Route 40 and said there will be a determination made as to how that problem is to be corrected.
REPORTS FROM COUNTY STAFF
Public Works Director Gary Rohrer commented on a meeting of Leadership Hagerstown that discussed growth issues in the county. Rohrer said that he and Planning Director Mike Thompson told that group that the County Commissioners and staff are giving great attention to details in the processes, policies and procedures being used in controlling growth.
Human Resources Director Dave Hankinson requested approval to advertise three positions, a Water Quality Collections and Distribution Operator Trainee, a Motor Equipment Operator I in Highways and a Master Electrician. The measures were approved by unanimous vote.
BID AWARD: AIRPORT TERMINAL APRON MODIFICATIONS
County Buyer Michael Haifley brought this bid, for Terminal Apron Modifications at Hagerstown Regional Airport before the Board. The recommendation was to award the bid to the lowest responsive responsible bidder, P & W Excavating, Inc. of McConnellsburg, PA. for the Base Bid in the amount of $1,083,648.75 and Alternate #2 in the amount of $71,587.50. The base bid consists of removal and reconstruction of approximately 3,500 Square Yards of 12-inch Portland Concrete Cement to comply with National Fire Protection Association regulations. Miscellaneous storm/trench drain installations and airfield electrical and lighting work are also included. Alternate #1 consisting of approximately 19,000 Cubic Yards of unclassified excavation for the future Runway 9 Hold Apron was significantly higher in price than the Engineer's estimate and is not being recommended for award. It is anticipated that this work will be incorporated into a future solicitation. Alternate #2 consists of miscellaneous pavement repairs to the West Apron area. This project was originally Bid in March 2004 and included the Terminal Building Modifications. The Board rejected all bids at that time because the bids exceeded the budgeted funding amounts. The project was divided into two separate bids. The Terminal Building Modification portion of the original package was recently re-bid and an award approved by the Board. This recommendation represents the other half of the original bid package for the Terminal Apron Modifications. The total amount of the recommended award is $1,155,236.25 . Airport consulting firm URS concurs with the recommendation. $979,053 of the funding comes from a 95% Federal Aviation Administration grant. $124,653 comes from a 90% FAA, 5% State grant with a 5% match from the County. The measure was approved by unanimous vote.
CENTURY FARM PROGRAM AWARD
Agricultural Land Preservation Administrator Eric Seifarth introduced the Flook family of Keedysville, winners of the Century Farm Program Award to the Board. The Century Farm Program is a State program that recognizes farms that have been owned by the same family for 100 or more consecutive years. Austin and Joanne Flook along with their son Dwayne Flook are the third and fourth generation owners of Felfoot Farm on Dogstreet Road. Seifarth told the Board that the farm was originally acquired by Austin's grandfather in 1898 and was formally recorded by a deed in 1904. The Flook farm is in an Ag Preservation District and has sold a permanent Rural Legacy Easement. The farm is rich in history. Local Historian Pat Schooley writes. " Felfoot Farm is one of the oldest land grants in Washington County. In 1737, 115 acres of land was patented to Thomas Van Swearingen; and, in 1752, Felfoot Enlarged, a tract of 2100 acres which included the original patent, was granted to Tobias Stansbury. In 1763, Conrad Schnebley purchased a portion of that land and it remained in his family until the end of the century. In 1890, the land was sold to Henry Keedy. In 1904, Keedy's widow sold all but a few acres to Martin Luther Flook, a lock repairman on the C & O Canal. John Jacob Harlan Flook purchased the property from his father, Martin Luther Flook, in 1920 Felfoot Farm lies along both Dog Street Road and the Little Antietam Creek. Felfoot Bridge, a two arched bridge built around 1850 and constructed of coursed local fieldstone, carries Dog Street Road across the Little Antietam Creek. The bridge is in good condition with minimal alterations and is used daily by traffic. The Felfoot Farm contains a two-part stone and brick house. The stone section of the house is dated 1784 and is a two-story structure. Later added to the stone section of the house was a two-story brick structure with a recessed double porch along the front. There are several stone outbuildings on the property and a stone end bank barn constructed sometime during the 18 th century. Felfoot Farm was used during the Civil War by both the 5 th and 9 th Corps. General Braddock used this route on his march to Fort Pitt in 1756 and may have used the barn to store supplies for his army." Another confirmation of the historic integrity of the farm is the fact that the Civil War movie “God's and Generals” was filmed in part on the property. Commissioners' President Greg Snook presented the state award to Austin, Dwayne and Logan Flook, three generations of that family.
AGRICULTURAL LAND PRESERVATION PROGRAM 60/40 MATCH
Land Preservation Administrator Seifarth requested that the Board commit $667,000.00, to the 60/40 match preservation program for FY-05. Washington County annually commits funds to the 60/40 Match Program through the Maryland Agricultural Land Preservation Program. Funding for the County's 40% share will come from the Ag Transfer Tax. As of October 31, 2004, the balance in this fund is $846,072.00. The Ag Advisory Board has a standing policy to participate in the 60/40 match and to maximize funds. Using the maximum allowable funding, the $667,000, the County could leverage up to $1 million in additional funding from the state. The measure was approved by unanimous vote.
LOCAL AGRICULTURAL PRESERVATION FUNDS EXPENDITURES
Land Preservation Administrator Eric Seifarth requested that the Board of County Commissioners take under discussion a program to exhaust the 60/40 match funds through the State Ag Land Preservation Program and then continue to purchase easements using 100% County Ag Transfer Tax funds and the $400,000 per year from the Real Estate transfer tax. Seifarth told the Board that the issue did not require an immediate vote, and that the data is for informational purposes for a process that will involve several months of coordination between the Commissioners and the Ag Board to craft a program to utilize easement funds. Seifarth said that while the State has not yet provided a certified report of funds available for FY '05 easement purchases, the department is estimating that about $900,000 of State/Federal funding will be designated for Washington County easements. With a maximum of $667,000 of local funds being required by Washington County for the 60/40 match portion of the program, at least $2,155,000 of county funds will be available to purchase additional easements not matched with state funds. The Ag Board is proposing that Washington County uses up all State and Federal funds first and then to meet with the County Commissioners again to strategize the expenditure of remaining local funds. Exact appraisal numbers from the State will not be available until early 2005, Seifarth said, and told the Board that under the proposed option, 15 parcels, containing about 2,300 acres could be preserved. The Board reached a consensus to have Seifarth and the Agricultural Land Preservation Board continue with its preservation efforts.
2004 HISTORIC PRESERVATION AWARD
Commissioner Dory Nipps brought this request before the Board, to present the 2004 Historic Preservation Award as recommended by the Historical Advisory Committee (HAC) to Brent and Julie Stinar of Sharpsburg. HAC Chair Preston Law requested the award be presented to the couple for their efforts in restoring the Noah Rohrbach house on Burnside Bridge Road. A Gentleman Farmer's House, the structure has been in place since the mid 1700's and is made of logs covered with clapboard. The 132-acre farm overlooks Burnside Bridge outside Sharpsburg. Nipps commended the couple for their diligence in preserving the heritage of Washington County.
INTEGRATION OF THE COUNTY'S EARLY ACTION COMPACT FOR OZONE INTO THE STATE IMPLEMENTATION PLAN
County Planner Jill Baker introduced Randy Moser, a representative of the Maryland Department of the Environment to the Board, requesting approval of Integration of the County's Early Action Compact (EAC) for Ozone into the State Implementation Plan (SIP) to meet an Environmental Protection Agency (EPA) milestone. Over the last two years, representatives from the Maryland Department of Transportation (MDOT) and Maryland Department of the Environment (MDE) personnel have been working with County Planning Staff on development of an Early Action Compact to attain the 8-hour standard for ozone in Washington County, Moser said. In March 2004 the final EAC report was submitted to the EPA for review. To meet the next milestone, according to the guidelines set by the EPA, the EAC must be integrated into the State Implementation Plan (SIP) in order to legalize the document. A public hearing was held on December 8th, 2004 to take public input on the EAC implementation as part of the SIP. No one appeared to testify either in favor of or against the document. Discontinuing the effort toward completion of the Early Action Compact would insure that designation of non-attainment would lead to more costly transportation planning and compliance with stricter air quality standards. Moser said that only a handful of voluntary controls are being mandated, including education for businesses and the public on improvements to air quality. The final draft of the document is on display at the Planning Department and at the Washington County Free Library, and may be reviewed by the public. 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.
Roger Worthington of the Beaver Creek area requested that the Commissioners take steps to curb expansion of the Mellott Quarry.
OTHER BUSINESS
Appointments to Boards and Commissions: County Clerk Joni Bittner brought the Board of Directors of the Public Golf Corporation recommendation to the Commissioners, that Chuck Pessagno and Ron Van Reenan be appointed to that Board. The measures were approved by unanimous vote.
Bittner also brought a request from Joe Kroboth, Director of Emergency Services, for the reappointment of Jason Baer and Wayne Williams to the Emergency Services Advisory Council for three-year terms. The measures were approved by unanimous vote.
Bittner brought a request from the Recreation and Parks Board for appointments and reappointments, to the Board. Albert Deal, Edward Masood, and William Sterner were requested to be reappointed for three-year terms. That Board also recommended appointments of Dave Barr and Angela Kershner to two-year terms, in order that terms be staggered. The measures were approved by unanimous vote.
County Administrator Comments: County Administrator Rod Shoop reminded the Board that this is the time of year when annual goals are reviewed and new goals created, and the time that the Vision and Mission for the Co7unty are reviewed. Shoop suggested a work session in the first week of January to brainstorm the issues with staff. The County's bloodmobile goal of 25 units was exceeded, with a total of 36 units given by staff on November 29 th , Shoop reported. A letter from the Association of Builders and Contractors requested support from the Commissioners in ABC's opposition to a bill in the coming legislative session. That bill would alter the low-bid purchasing process practiced by local jurisdictions in Maryland, Shoop said.
PROPERTY ACQUISITION
Real Property Administrator Joe Kuhna and Hagerstown Regional Airport Fire Chief Phil Ridenour brought this request before the Board, for acquisition of the Donald Foster property located at 14229 Maugansville Road, to benefit the Runway Protection Zone at Hagerstown Regional Airport. The administrative settlement is $ 169,800 Kuhna said. The portion of the property including the house is in the Runway Protection Zone for Runway 9. The owners are elderly, and wish to move into an assisted living facility when adequate accommodations can be found. This administrative settlement would include a free rental period of six months and an interim rental rate based on 30% of the owner's gross income or 80% of the market whichever is lower. The acquisition is a 95% Federal Aviation Administration funded project with 2.5% local match and 2.5% state match. The match is budgeted in the FY 2005 Capital Improvement Project budget. Ridenour told the Board that there is no alternative, as the Runway Protection Zone will overlap the property when the runway project is complete. The measure was approved by unanimous vote.
COUNTY EMPLOYEES HELD ANNUAL CAROLING ACTIVITIES ON THE STEPS OF THE ADMINISTRATIVE BUILDING AT THE NOON HOUR.
THE BOARD OF COUNTY COMMISSIONERS ATTENDED THE COMMUNITY ACTION COUNCIL LEGISLATIVE RECEPTION AT THE NOON HOUR
ADEQUATE PUBLIC FACILITIES ORDINANCE FOR TRANSPORTATION
Economic Development Director Tim Troxell brought this issue, Proposed Modifications to the Adequate Public Facilities Ordinance (APFO) Transportation Fees before the Board. Troxell said that the modifications would create a varying fee schedule based on the type of employment offered by new development projects and asked for approval of those rates. Several recent development projects have revealed the difficulty in predetermining APFO transportation fees for commercial/industrial projects. The Board could create an official policy for reducing APFO fees based on industry types or continue to look at each development project on a case-by-case basis. Part of the incentive package for Mack Truck to invest in their Hagerstown plant includes potential funding from the Maryland Department of Business & Economic Development. That development would create a “vendor village” on Mack's excess property. Before spending money on a feasibility study for the property, both Mack and DBED would like to determine the impact APFO transportation fees could have on the project. Discussion centered on commercial development and its contributions to the community, and whether that development should be measured in the same way as residential development for transportation purposes.. A square footage fee was proposed and discussed. Commissioners suggested development of site specific costs and development of a policy that would give credits to companies providing higher-paying jobs. Commissioners' President Snook directed Troxell to pull together an EDC subcommittee and discuss a concept that would base fees on a site-specific case by case basis, with incentives for employers providing jobs paying one and a half times the average wage. The EDC group will present a report at next week's Commissioners meeting.
APPLICATION FOR REZONING
LEGISLATIVE PROPOSALS FOR 2005 GENERAL ASSEMBLY
County Attorney Douglas presented the annual list of requests to the local delegation to the Maryland General Assembly for discussion by the Board. On November 9th, the Board approved requesting the legislature to consider thirteen items with local application. The Commissioners want to accelerate the lifting of the ceiling of $1 per square foot building excise tax rate from the present July 1, 2008 date to July 1, 2005, in order to allow the Board to reduce or eliminate fees charged under the Adequate Public Facilities Ordinance (“APFO”), which would then be used primarily or solely to control and direct growth to assure that public facilities are adequate to serve new development. Discussion centered on moving the fees to one standard. The Excise tax would take all municipalities into account. A request would be made to move the APFO fees into the excise tax and a rate structure developed. The measure would not create a new tax or fee, the Commissioners said. The Board supported requests for a fifth Circuit Court judge; salary increases for the Sheriff, Board of Education and substitute members of the Board of Election Supervisors; amending the Salary Study Commission (SSC) statute to provide a replacement for the now-defunct Washington County Taxpayers Association and request that recommendations as to the salaries of the County Commissioners to be sent directly from the SSC to the Delegation; clarification of authority to regulate weeds and impose liens when the property owner fails to comply; supporting transfer of the Agricultural Center property to the County; clarifying the County's authority to charge violations of the Animal Control Ordinance as municipal infractions; providing for criminal enforcement of the Animal Control Ordinance; supporting additional flexibility in the County purchasing law by allowing procurement by negotiation in emergency circumstances; clarifying the regulatory authority of the Electrical Board is needed; requiring all 23 counties to file financial reports at the same time; and reduction of the role the PenMar Development Corporation plays and distribute its assets once the former Fort Ritchie Army base is sold and all of the property has been transferred. The Board did not support clarifying the provisions of the New Jobs Tax Credit law known as the “Miller bill”. The Board supported a request by Sheriff Charles Mades to establish a "False Alarm Reductions Unit" citing waste of personnel hours and resources in answering alarms at businesses and residences, over 90% of which are false, Mades said. A joint meeting with the local delegation and the City of Hagerstown has been set for Thursday, January 16 th to discuss the legislative requests.