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 Dori Nipps reported on the dedication of the new gymnasium at Girls, Inc. Last week, and renovations to other areas of that organization's facility. Nipps commended the community for responding to the need for the gym and for making donations to allow that construction. The Airport Commission heard a report from consultant URS last week and reviewed the construction schedule for "package three" of the Airport project. That contract is set to be bid next summer and includes relocation of U.S. 11. Negotiations are continuing with Verizon on relocating of telephone lines in the area, Nipps said.
Commissioner John Munson told the Board that the Agricultural Education Center Park was featured prominently in a recent edition of a national magazine, profiling the antique car show held there earlier this year.
Commissioner Jim Kercheval commended staff for the recent county administration building employee luncheon and those who made contributions to the event. The County/City two plus two committee discussed the excise tax at a meeting last week, Kercheval said. The Black Rock Golf Course Board reported revenues continue ahead of this time last year. In order to stay ahead, rounds fees may have to be increased by several dollars, Kercheval said. Representatives of the Westfield subdivision have requested a meeting with Board of Education officials to discuss a proposed school site at the development off Sharpsburg Pike in January, Kercheval reported.
Commissioner Bill Wivell reported on a meeting of the Agricultural Education Center Board last week.
Commissioners’ President Greg Snook reported on last week's joint meeting with the Local Delegation to the Maryland General Assembly and the Mayor and Council of Hagerstown. School construction funding was a primary topic of discussion. Washington County's School Construction fund requests remain reasonable, Snook said. Last year the County requested $8.8 million in state funding and received $2.8 million. Frederick County requested $41 million and received a $3.4 million appropriation s Snook said. Board President Snook expressed thanks for the hard work that the Commissioners and County Staff performed during calendar year 2004 to achieve County goals.
PROJECT AWARE GRANT REQUEST
Emergency Management Administrator Verna Brown and Martha Middleton of the Western Maryland Area Health Education Center (AHEC) brought this item before the Board, recommending that Washington County join in partnership with AHEC to provide the Project Aware program. Last fall AHEC was one of 12 agencies nationwide awarded a three-year Project Aware Volunteer Program grant from the Corporation for National and Community Service to strengthen regional volunteer response to Homeland Security needs in public health, public safety, emergency response and disaster preparedness. Focus of the project is to encourage and equip people age 55 and older to perform meaningful and constructive volunteer service to support public health, public safety, disaster preparedness and response organizations, to minimize damage from Homeland Security threats and aid in the recovery from any such attack. Washington County is considered Region III and this three-year grant program allows for s establishment of a regional field office. Each region would be served by a Field Coordinator whose duties would be to work with local organizations to assess the Homeland Security volunteer needs within their regions, recruit volunteers at the local level, assist in training volunteers and input accurate database information on these volunteers. Washington County's support for this project would come in the form of providing office space and coordination from the Department of Emergency Services. The position would be a County employee. The field representative would also serve Berkeley and Morgan Counties in West Virginia and Frederick County, Virginia. Commissioners' President Snook requested quarterly updates on progress. The measure was approved by unanimous vote.
Regional Homeland Security Funding
Department of Emergency Services Director Joe Kroboth brought this request, to accept a Grant Award from the Maryland Emergency Management Agency to purchase mobile incident command and communications units. MEMA has awarded the Western Maryland Region consisting of Washington, Allegany and Garrett counties a grant totaling $401, 297.32 with each county receiving $133,765.77. Kroboth told the Board the funding is 100% federal. The unit would consist of a pickup truck or van and utility trailer that would house the communications equipment. The trailer could be used by Fire and Rescue, Public Works, and police agencies for a variety of incident-command purposes and would be housed at the Special Operations Unit. Commissioners discussed the need for development of policies regulating use of the unit. The measure was approved by unanimous vote.
CITIZEN OF THE MONTH
Commissioner Dori Nipps presented Citizen of the Month honors for December to the local charitable organization Children In Need. The group was founded Washington County citizen Art Richards in December 1998 on learning that there were local children that do not attend school because they do not have the proper clothing to wear. Richards told the Board that Children In Need accepts donations of slightly used and new clothing for school aged children ages kindergarten through grade 12. New school supplies and personal items are also provided. The agency operates from space provided by the Board of County Commissioners, free of charge, in the Martin Luther King Center building. The school board, volunteers or other sources identify children to be served. Families can shop for clothing, which allows the child the opportunity to select their own clothes. In the past year, Children In Need has assisted approximately 2,000 children and provided an estimated 800 coats, 2,500 pairs of socks, 1,500 pairs of jeans and 5,000 pads of paper. Citizen of the Month honors are bestowed on County citizens who make a positive impact on the well-being of the community.
ADEQUATE PUBLIC FACILITY ORDINANCE AGREEMENT FOR WASHINGTON COUNTY HEALTH SYSTEM
Public Works Director Gary Rohrer brought this issue before the Board f or approval. The Washington County Health System, Inc. wants to replace the current hospital facility located in downtown Hagerstown, with a new facility to be located on Robinwood Drive. Rohrer presented the Board with a document representing agreements resulting from negotiations over the past 18 months regarding developer's payments to the county for Adequate Public Facility Ordinance (APFO) fees for road improvements and development. The sum, $1,720,432.00 was the result of a Traffic Impact Study conducted in the area assessing impact of the development on the traffic flow and patterns. The provisions of the agreement require the developer to make annual adjustments for construction cost increases for each year that the hospital project is delayed. In addition, the execution of the agreement would subject the prior agreement to a “sunset” provision if the new hospital is built. If building permits for the new hospital are not issued within 5 years from the date of the agreement, this agreement becomes null and void. In addition, the developer would convey all easements necessary to the County at no cost, and make improvements to stormwater management systems. Although the fiscal impact is significant, the terms of the agreement are consistent with the prior agreement and an addendum approved by a prior board and the Washington County Health System, Rohrer said. Any action regarding annexation by the City of Hagerstown would not have an adverse impact on the agreement. Commissioners requested clarification of language in the Agreement and it was approved by a 4-0-1 vote with Commissioner Dori Nipps abstaining for personal reasons.
CAPITAL ASSET POLICY
Budget and Finance Director Debra Bastian brought this request before the Board, to adopt a new Capital Asset Policy. This policy’s objective is to set guidelines for adequate physical and financial control over County capital assets. It also supports one of the “Best Management Practices” in Fitch’s top 10 list for rating upgrades for depreciation of fixed assets. Bastian told the Board that the Capital Asset Policy provides accountability and operational efficiencies in managing the County’s capital assets and provides detailed guidance to users on asset acquisition, maintenance, and disposition, while meeting control objectives. Capitalization thresholds are identified, as are inventoriable items and controllable assets. The policy revises the capitalization threshold, which is considered a change in accounting estimate. The National Advisory Council on State and Local Budgeting Recommended Budget Practices recommends such a policy, and concurrences have been given by the County Administrator, the County Financial Advisor and the external Auditor. Bastian told the Board that the County holds $1.3 billion in assets including real property. 48% of those assets have a cost of under $10,000, and represent only six-tenths of one percent of the asset total. This means that some Budget and Finance staff spend 50 percent of their time dealing with less than one percent of County assets. The new policy would simplify the process, Bastian said. 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.
Attorney Harry DeMoll requested comment regarding the Mellott Quarry on behalf of clients, the Easterday Family of Boonsboro. Commissioners' President Greg Snook advised that the record had been closed at the end of the public hearing on the issue last week. County Attorney Richard Douglas stated that a written Legal Memorandum would be accepted by the County if submitted by January 15 th.
Henrietta Livelsberger of Citizens to Protect Washington County provided the Board with information collected on number of exempt lots of record that exist from the Boonsboro area south to the County line. 2,160 small lots have been registered, and of those about 500 would probably be eligible for development, Livelsberger said.
SERVICE REQUEST PROCEDURES
Planning and Community Development Director Mike Thompson, Zoning Coordinator Kathy Kroboth and Zoning Inspector Chris Nichols brought this matter before the Board. Earlier this year, the Commissioners agreed to provide for the issuance of civil citations for zoning violations in lieu of proceeding directly to court. The Board also requested that the staff develop procedures for handling complaints from citizens from the initial request to the issuance of a citation. Thompson said that the staff has been working closely with the County Attorney’s Office and believe a fair and effective set of procedures has been developed. Complaints could be filed by telephone, in person, by mail or e-mail, but the complainant's name, address and telephone number and the name and/or address of the property alleged to be in violation must be given. The information may be verified prior to initiating a formal investigation . The complainant’s personal information would not be divulged unless required by law. A service request would be initiated and copies of the records attached to the service request. An inspection would usually be conducted within 24 hours of receiving a complaint of a health or safety nature; otherwise within 72 hours of receipt. If a violation is found, a field correction notice would be prepared includinglocation of the property, the service request number, property owner’s name(s), applicable sections of the Zoning Ordinance, copies of sections violated, the applicable Zoning district, a brief description of the violation, requirements for compliance and the deadline for compliance If the compliance date is not met, a citation would be issued imposing a fine of $100.00 per day from the date of issuance. The deadline would be 15 days, and the notice would be posted on the property on highly visible yellow paper, in a conspicuous location noticeable to the owner and occupant. If contact is made with the owner or occupant, the Notice would be delivered to the individual, whose name and relationship to the Property would be obtained. The inspector would photograph the violation on the Property, the posted Notice, the address of the dwelling, and an overall picture of the Property. Close-up photographs may be taken of vehicles to verify license information. The inspector would download the photographs into a computer “folder” labeled with the service request number and the last name of the first listed owner of the Property. The inspector would document all pertinent findings on the property, including the name of the person interviewed, if applicable, any relationship to the property owner, a brief description of the individual, and the content of the conversation. The compliance date for inspection would be entered into the calendar. Then a letter confirming the issuance of the Notice would be mailed to the owner’s last known address as obtained from State Department of Assessments and Taxation records, mailed certified, “return receipt requested,” and a second copy by first-class mail, “address correction requested.” This letter would include a copy of the Notice with the compliance date and copies of the sections from the Ordinance allegedly being violated. On the 16th day following issuance of the Notice, the inspector would perform an inspection to verify compliance. If the Property is in compliance, the Property would be photographed for documentation for future reference. The inspector would download the photographs, label them accordingly, document the inspection under “inspections,” and the file would be closed. If the Property is still in violation on the 16th day, a citation would be issued in the amount of $100.00 per day from the date of issuance of the citation with an additional 15-day compliance date. If, after the notice compliance date an inspection has shown significant progress has been made, an extension may be granted. The owner of the Property may request an extension in writing, stating the reason for the extension and the amount of time needed for compliance. The zoning inspector or zoning coordinator would provide a written response to the owner’s request, either refusing the request for extension or establishing a modified deadline for full compliance. No extensions would be granted once a citation has been issued. Repeat offenders would be subject to a $500.00 per day fine. Discussion centered on the need for a time limitation on repeat violators, flexibility of the 15-day compliance deadline, use of good judgment by staff in enforcement, and the addition of an appeal notification to the field correction notice form. Commissioners' President Snook asked that policies and procedures be refined to incorporate Commissioners' suggestions and be submitted for review in two weeks.
Construction/Building Inspection Services - Requirements Contract
County purchasing Agent Karen Luther and Deputy Chief Engineer Rob Slocum brought this request, To renew the contract with Development-Facilitators, Inc. (DFI) of Severna Park, Maryland, before the Board. This a renewal for Contract Year 2 , as recommended by the County Engineering Department. The original vendor's response showed rates increasing for an average of $1.25 per hour for straight and overtime, about 10%. Negotiations reduced that amount to 5%, Slocum said. Services under the contract consist of providing construction and building inspection for various projects located throughout the County that may include roads, traffic signals, bridges, drainage structures, waterlines, sewer lines, and related public improvement projects. The Board originally awarded the contract on February 17, 2003. The measure was approved by unanimous vote.
OTHER BUSINESS
Appointments to Boards and Commissions: County Clerk Joni Bittner brought a request from the Historic District Commission that Sandra Izer be appointed to fill the vacant position. The measure was approved by unanimous vote.
County Administrator Comments: County Administrator Rod Shoop recommended approval of a budget transfer in Hagerstown Regional Airport's budget. A Closeout of the Rehabilitation Project for Runway 220 yielded $656,742 to be transferred to the Terminal and Terminal Apron projects that are currently underway. The transfer makes maximum use of FAA and State Grant funds, Shoop said. The measure was approved by unanimous vote.
County Attorney Richard Douglas brought this Case, RZ-04-001 before the Board. The applicant, Perini Industrial Land, LLC has requested that the property that is the subject of its rezoning request be rezoned from RS – Residential Suburban to HI-1 – Highway Interchange 1. The subject property consists of 1.07 acres located approximately 200 feet west of Pennsylvania Avenue, 0.7 miles south of Showalter Road. This matter is on the agenda for decision by the Commissioners on the issue of whether to grant or deny the rezoning requested. The Planning Commission recommended granting the rezoning based upon its determination that there had been a mistake in the original zoning, and that granting the request was logical, appropriate and consistent with the Comprehensive Plan.
The case underwent preliminary review last week, with a consensus that the Attorney continue with the process. Discussion centered on buffer zones with a width of 75 feet. The Findings of Fact and Articulation of Reasons for the Opinion were approved by unanimous vote.