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.
INTRODUCTION OF NEW EMPLOYEES
Human Resources Administrator Dee Hawbaker brought 5 new employees before the Board for introductions. Kristin Shank was recently hired as a Senior Office Associate in the State’s Attorney Office. George Graham and Sam Stouffer are new Equipment Operator I's in the Highways Department, Graham going from Part-Time to Full-Time. Josh Bowman has taken a Collection/Distribution Operator Trainee position with the Department of Water Quality (DWQ). David McGaha is an Electronics Technician at DWQ.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Dori Nipps reported on the Historic District Advisory Committee’s recent meeting. That group heard Public Works Director Gary Rohrer discuss the Barnes Road Bridge project. The Recreation and Parks Board approved the various Program Open Space funds requests, pending funding by the state. Winter recreation programs served 1,121 citizens, an increase over last year. Most popular program is Water Aerobics, with 92 participants, Nipps reported.
Commissioner Jim Kercheval commented on Monday evening’s Planning Commission Meeting. Preliminary plat approvals were given for Rosehill Manor and Elmwood Farms developments, Kercheval said. Preliminary consultations were heard on two hotels planned for the Halfway area. Westfields subdivision gave the Planning Commission an update on its development project, which will utilize a propane heating fuel system. Developers of Phase III of the Rosewood Village subdivision were told to work out Adequate Public Facility Ordinance issues on Phases I and II of that project before applying for approval of Phase III. Kercheval reported on a meeting with Delegate Chris Shank, on the Growth Management Bill for Washington County, and requested discussion of that bill later in the Commissioners’ meeting. Kercheval thanked staff for its work on developing the informational pamphlet handed out with Field Correction Notices and distributed a draft of that document to the Commissioners for review.
Commissioner Bill Wivell also commented on meetings in Annapolis relative to the County’s proposed excise tax bill.
Commissioners’ President Greg Snook told the Board that the Chamber of Commerce Board of Directors meeting discussed the Chamber’s financial status, and was approving of the change in format of the recent State of the County Address. The Chamber plays host to that meeting each year. A Jefferson County, West Virginia Affordable Housing proposal basing housing costs on median income is very complicated and would be costly in terms of staff time. Snook said. A Maryland Association of Counties’ Board meeting in Annapolis last week heard from state officials on School Construction funding. There have been $590 million in requests for school construction funds statewide and $520 million in related capacity needs requested by the Counties this year. The state is looking at a cost per-square-foot formula designed so that all counties get a fair share of funding and to help contain costs. Governor Bob Ehrlich is considering extra funding for school construction if the slots bill is passed, Snook said. Currently, the projected funding for Washington County would be about $1 million. Other legislative issues discussed included voting verification matters. The new touch-screen machines were seen as having worked well in the recent election. Washington County population growth projections were reported at 2.4% from 2004 to 2005, an increase of about 900 people. Frederick County’s growth rate was considerably higher, about 5,000 more residents in 2005 than 2004 or about 4.2%. A letter from the City of Hagerstown has requested that the County develop a strategy for its part of the sewer allocation. Planning and Water Quality are working on that strategy currently. Planning and Community Development Director Mike Thompson said that the department is taking a slow approach to final plat approvals until the sewer allocation issues are resolved.
LEGISLATIVE WORKSHOP
Commissioner Jim Kercheval brought a discussion of a proposed bill by the Washington County Delegation before the Board. The legislation is to be discussed at a joint meeting of the Commissioners and Delegation in Annapolis on Wednesday, and discussion of the Delegation's draft of the legislation was needed. The bill gives the County authorization to enact an ordinance for collecting building excise taxes. Language clarification was discussed for non-residential development. The legislation would give the County the ability to give tax credits for development of affordable or workforce housing, to remove the $1 per square foot excise tax cap, and would give municipalities the ability to use revenues collected from the tax for their own purposes. The Board substituted the word “may” for “shall” in the bill, and specified that the funds generated may only be used for “capital projects”, which would give municipalities greater latitude in expenditures. The Board requested that the same limitations and language apply to the municipalities as well as the County, for uniformity. The Delegation was requested to reinstate a section on subdivision size, and impose limitations on subdivisions of 25 lots or greater. Language requiring a School Construction Review Committee to review any capital school project submitted by the School Board was requested to be removed, and reports on revenue generated by development were requested to be reported by School Attendance Area rather than school district. The Board also requested that the County be allowed to develop a transition strategy rather than basing tax or fee collection on the date of a housing unit’s signed contract of sale, or date of initial building permit submission. The bill is subject to additional discussion and would become effective on July 1 st of this year.
CITIZENS’ PARTICIPATION
Tom Janus of Hagerstown stated support for development of a council of governments in the county, and suggested construction of small neighborhood schools at a cost of $1 million each.
Doug Wright of the Holly Place Board of Directors updated the Board on the assisted living homes for Seniors, which may be forced to close by March 18 th unless funding strategies can be developed. At issue is a change in the Medicaid Waiver process. Wright asked for the Board’s support in requesting the Governor and Delegation to the General Assembly to assist in finding a solution.
Karen Riley of Boonsboro commented on agricultural preservation programs, rezoning of the rural areas of the county and the proposed Bonus Density program.
REPORTS FROM COUNTY STAFF
Human Resources Director Dave Hankinson requested approval to advertise two positions, a Utility Worker II position at Water Quality and the Risk Management Administrator position in the Department of Human Resources. Long-time employee Annajean McKnight is retiring in May, Hankinson said. The measures were approved by unanimous vote.
AUTHORIZING RESOLUTION: TAXABLE REFUNDING BONDS FOR LANDFILL COSTS
County Budget and Finance Director Debra Bastian and Bond Counsel Timmy Ruppersberger brought this item before the Board. The resolution authorizes and empowers the Board to advance refund bonds in the amount of $5,775,000 of the Public Improvement Bond issues of 1998, 1999, 2000, 2002, and 2003. In addition, approximately $1.017 million of the proceeds will be used to reimburse the County for costs of the projects that were paid from the General Fund. Refinancing is being done to assist with costs associated with the 40-West and Resh Landfills. The loan will be financed by the Maryland Department of Water Quality. The refinancing will take advantage of lower interest rates that will reduce debt service cost for the related projects. Interest rate for the loan is 1.0%, plus an administrative charge of 5% of the total debt service. Estimated savings on the refinancing will be between $1.59 million and $1.8 million. The measure was approved by un unanimous vote.
OTHER BUSINESS
Appointments to Boards and Commissions: County Clerk Joni Bittner brought a request from Agriculture Education Center Board that that Jeff Poffenberger, Hal Spielman, and Pete Callas be reappointed for three-year terms and Cindy Long and Ron Frey be appointed to their first terms. The Board also requested that John Staub be appointed an ex-officio member. The by-laws will be consulted to ascertain if ex-officio members are authorized. The initial 5 appointments and reappointments were approved by unanimous vote.
County Administrator Comments: County Administrator Rod Shoop told the Board that at next week's meeting, the Capital Improvement Budget process for Fiscal Year 2006 will begin.
PROPOSED 2005 GOALS
County Administrator Rod Shoop brought this item, back before the Board. Shoop requested that Commission and Staff Goals for 2005 be finalized, individual departments responsible for completion of those goals be recognized, and the Goals be adopted.
On January 6 and 25 th, the Commissioners conducted workshop meetings to develop a list of proposed goals for 2005. The following are the suggested goals and the assigned staff/group responsible to carry out the goal. The goal to "Adopt Rural Area Zoning after consideration of equity and land preservation and begin implementation of the Urban and Town Growth Area Zoning" would be carried out by the Department of Planning and Community Development. A goal to "Work with municipalities to develop residential and business tax incentive programs in designated areas" would be the responsibility of the Economic Development Commission. The Commissioners Goal to "Appoint a task force to develop recommendations to address affordable housing" would be effected by the County Commissioners and County Administrator. The goal titled "Improve the planning process for construction and renovation of school facilities and develop policies to manage growth as it relates to school capacity," would be carried out by the Division of Public Works and the Department of Planning and Community Development. A Goal to "Develop a long-range plan for the future use of the Forty West Landfill," would be the responsibility of the Division of Public Works and the Department of Solid Waste.
The Goal "Develop policies and procedures to initiate the implementation of the Emergency Medical Services Master Plan," would be completed by the Department of Emergency Service. The final goal, titled "Initiate an evaluation of all plans, policies, procedures and ordinances that relate to growth management," would be undertaken by the Division of Public Works and the Department of Planning and Community Development. Once adopted and approved, the 2005 Goals would be posted in each County department and appropriate action plans to initiate these goals developed. The Commissioners would be briefed on a regular basis regarding the progress of these goals.
The measures were approved by unanimous vote, with a request that quarterly progress reviews be given to the Commissioners.
Highway Adequacy Policy
Division of Public Works (DPW) Director Gary Rohrer and County Chief Engineer Terry McGee brought this request, to adopt the final draft of that policy to the Commissioners. Rohrer told the Board that staff worked closely with interested stakeholders in the community to develop a workable policy in the best interest of all County citizens. The adoption of the final draft would make the policy effective immediately for all subdivision plats that have not been submitted to the County for final approval. The policy would incorporate condition of existing pavement and the developer’s related responsibilities. The policy also addresses road width that sets the minimum requirements to be consistent with American Association of State Highway and Transportation Officials (AASHTO) standards while providing for exemptions. The previous policy did not address existing pavement, and lead to numerous roads throughout the County’s highway network that satisfied width but did not hold developers responsible for addressing pavement conditions. DPW’s staff has developed a simplified approach to assessing existing pavement conditions on a case-by-case basis. Previous discussions have defined the policy's minimum road width requirements as 20 feet, which is consistent with AASHTO standards. Staff has kept exemptions intact for subdivisions with four or fewer lots and relaxed the requirement to 18 feet within the UGA and Town Growth Areas. Commissioners' President Greg Snook stated that additional time would be needed for discussion, at a later date.
UPDATED PENSION POLICY AND PLAN ASSETS
Budget and Finance Director Debra Bastian and Fund Manager Howard Schwartz of the firm of Mercantile Investment and Wealth Management brought this request, to approve the updated Pension Policy, before the Board. Bastian told the Board that the annual review process of the County’s Pension Plan Investment Policy has been completed. Based on this review, the Pension Policy was updated to establish reasonable expectations, objectives and guidelines in the investments of the assets of Washington County Pension Funds. County Administrator Rod Shoop told the Board that on average, over the last 20 years, the pension plan has been right on target. This updated policy covers both the Washington County Government Employee’s Pension Plan and the Washington County Length of Service Award Program (LOSAP) for Volunteer Fire and Rescue personnel. In reviewing the plan, Schwartz told the Board that the program creates a framework for a well-diversified asset mix to generate acceptable long-term returns at a level of risk suitable to the pension funds. The Pension Committee, Investment Manager, and its Advisor monitor the pension funds, which are guided by the Pension Policy document. Mercantile representatives also reviewed current assets within those plans. County Administrator Rod Shoop, Human Resources Director Dave Hankinson, Jon Ketzner of financial firm CBIZ, and Schwartz concur with the updated policy. Commissioners' President Snook asked that Mercantile include the amount of market activity in the portfolio for the quarterly reports. The measure was approved by unanimous vote.
HOUSE BILL 212: GAMING ACTIVITIES AND CHARITABLE FUNDING
Gaming Office Director Jim Hovis and Gaming Commission Chair Terry Reiber brought this discussion to the Board. A Bill before the legislature, House Bill 212, Gaming Activities and Charitable Funding, would alter the manner in which gaming activities are controlled in Washington County and the method whereby contributions are made to charitable organizations by the Gaming Commission. Hovis recommended that the Commissioners t ake a position in opposition of House Bill 212 and convey their position to the Washington County Delegation. The Bill proposes State oversight and/or regulation of gaming activities and charitable funding within the State of Maryland. Legislation has been introduced that would allow the State Comptroller’s Office to draft policy requiring charitable and non-profit organizations receiving gaming proceeds, to justify their use of funds received from the proceeds of gaming activities. Included in the scope of gaming are tip jars, bingo, raffles, and like games. The legislation proposes that organizations receiving proceeds from gaming prove their bona fide nature, character, and viability. The bill would also require tip jar operators to submit an overwhelming amount of data and information concerning their gaming activities. The requirements of this proposed legislation would have an adverse effect on the charitable organizations operating within the county. The legislation would also allow the State Comptroller’s Office to develop policy, which would preempt any legislation adopted by local counties or municipalities. The number of tip jar operators would be decreased, resulting in less funding for charitable and non-profit organizations. Although the fiscal impact of this legislation is unknown, it would undoubtedly result in less funding available for charitable organizations in Washington County. Commissioners' President Snook directed staff to develop a letter for circulation to the delegation on the issue, development of talking points about how the gaming laws are administered by the County, uses of funds, and the agencies and organizations assisted. The letter would be submitted to the Maryland Association of Counties as well as to the Local Delegation to the Maryland General Assembly. Agencies that could be affected should contact their state legislators, Snook said.
BID RECOMMENDATION: NEWGATE INDUSTRIAL PARK INTERCEPTOR SEWER PHASE II
County Purchasing Agent Karen Luther and Department of Water Quality Director Greg Murray brought the request before the board, to reject the sole bid of Gabe’s Services, Incorporated of Frederick, Maryland in the amount of $1,555,759.00, make appropriate changes to the bid documents and rebid the project. This project primarily consists of installing approximately 6,800 Linear Feet of PVC Sewer Pipe. The project also entails working in a streambed and wetlands areas, and subsequent necessary stream diversions and wetland dewatering. Installation of the lines requires a Jack and Bore under Hopewell Road and Interstate 81. It also entails constructing a flow diverter on existing force main and gravity flow sewer lines to facilitate manhole work and other incidentals necessary to complete an operational flow diversion system. The only bid received was approximately $250,000.00 above the existing budget. The contractor has many potential areas of risk in completing this work including working within the streambeds and wetland areas themselves, complying with Maryland Department of the Environment requirements. The jack and bore operations, especially the Interstate 81 jack and bore is very critical and there is a minimum amount of space within the easements for the contractor to conduct the operations. It is hoped that if this bid is rejected a dialog can be had with this bidder and other potential bidders in an effort to find solutions to some of these issues, a less expensive method, a way to mitigate some of the risks, or shift the risk to the County. Funding agencies have been advised of the potential for re-bidding this work and have agreed to extend, where necessary, the funding deadlines. The measure was approved by unanimous vote.
CHANGE ORDERS FOR CELL 3 CONSTRUCTION: FORTY-WEST LANDFILL
Deputy Chief Engineer Rob Slocum and Project Coordinator Vickie McKenzie brought this request before the Board, to approve proposed Change Order No. 2 and proposed Change Order No. 3 for the Forty West Landfill Cell 3 Construction Contract. Change Order No. 2 – C. William Hetzer, Inc. will be required to excavate approximately 736,215 cubic yards (CY) from the limits of Cell 3, rather than the estimated bid quantity of 650,000 CY. The result is an additional 86,215 CY of excavation at the unit bid price of $2.73/CY, or a total of $235,366.95. 23 additional days would be required to complete Stage I and 14 additional days to complete Stage II. The bid quantity of 650,000 CY was based upon survey and estimation conducted during removal of the stockpile in Cell 3 limits by the contractor under the Airport Runway Contract. Because the stockpile laid within the Cell 3 limits, the original ground elevation, which is the limit between Cell 3 Contract excavation below and Airport Runway Contract excavation above, was estimated. The original ground elevation was estimated to be lower and flatter than the actual ground elevation. The final excavation quantity will be calculated with survey measurements, as stated in the Cell 3 Contract, to ensure accurate measurement and payment. Under Change Order No. 3 – the County requested a reduced unit price for excavation that Hetzer hauls directly from the Cell 3 limits to the Airport Runway. Hetzer has agreed to a unit price reduction from $2.73/CY to $1.93/CY; resulting in a saving of $0.80/CY. Currently, the quantity that has been hauled off site to the Airport Runway Project is 164,494 CY resulting in a savings of $131,595.20. Hetzer is paid to use the stockpiled material at the Landfill site for fill under the Airport Runway Contract and is also paid to excavate Cell 3 and haul those materials to a second stockpile under the Cell 3 Contract. Because Hetzer holds both contracts, they have elected to haul material directly from the Cell 3 site to the Airport Runway, thereby saving handling expenses. The net increase of both change orders would be would be $103,771.75. The measure was approved by unanimous vote.
The Board met in joint session with the Board of Education to hear a report on Public Schools Facilities Planning and Enrollment for the next 6 years
FACILITIES PLAN/ENROLLMENT REPORT
Washington County Public Schools and Public Pathways, Inc. the School Board's
consultant presented a draft six-year enrollment report, providing information relevant to discussions regarding land acquisition for new schools. Deanna Newman representing Public Pathways reviewed the current Educational Facilities Plan, reconciled the 2006-2011 Fiscal Years' Capital Improvement Project budget request, and developed a report on the BOE strategic plan and the opportunities and challenges facing the growing school system. A Demographic Analysis l ooked at Population growth/projections, Housing completions/projections, Student Yield Trends, Birth rates and in-migration, Program and boundary changes and ‘Choice’ programs such as No Child Left Behind, Charters, and the like. Statistics presented showed increases in student population in the County from the projected 2005 level of
21,228 to a total of 24,203 by 2010. The increase in population from 2004 to 2005 is seen at 485 students, rising in increments to 643 students per year by 2010. Average school population at this time is about 500 students, and the increase would be one new school per year. The growth would have the greatest impact on elementary and high schools, the report said. Challenges ahead include developing a strategy that is flexible and goal driven,
building an equitable facilities plan that provides new capacity for growth communities as well as preserving and updating schools in older communities, as well as
balancing revenue and expenditures. Goals would include building space for students and programs; planning the use of temporary space until funding is available and evaluating other solutions to capital needs. A draft plan to serve an estimated 4,445 additional students by 2011 include renovations and new construction, plus use of portable classrooms until funding becomes available to construct and modernize facilities. A second Goal would Update schools on a systematic schedule to guarantee safe, up-to-date facilities that meet changing educational program needs. A third Goal would provide funding for maintenance and system renovation on a schedule that ensures that buildings remain environmentally safe and secure and function efficiently. A fourth Goal would encompass development of a long-range facilities plan that is fiscally responsible. The budget for school construction and renovation through 2011 shows Washington County funding about $10 million in FY 2006, with a high of almost $40 million in 2008 before tapering off to below the $10 million mark by 2011. The projection shows the state portion of funding needs averaging $4 million per year. The presentation was made for informational purposes only, and the County will not finalize budgets for Fiscal Year 2006 until May.