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 told the Board that the Monday evening Planning Commission meeting began an hour earlier than usual to accommodate the large caseload. The Department of Water Quality was approved to subdivide a parcel on County-owned land at the Pretreatment facility. The plat for Springhill Courtyard and Suites at Valley Mall was approved, and a preliminary plat reviewed for Phase Three of the Rosewood development comprised of 170 units. The Planning Commission reviewed between 800 and 1,000 units at the meeting, Kercheval said, including the Artz property on Rench Road. School capacity issues will impact many of the proposed developments. The planning commission recommended that the developer of Freedom Hills not demolish a historic barn on the property. The house associated with the barn is likely to remain intact, Kercheval said. The County/City 2+2 Committee met last week and discussed the City's Sewer Allocation Plan. The County requested that several policy items in this plan regarding the interconnector be changed, Kercheval reported. Commissioner Kercheval also attended the swearing in of Hagerstown City Council.
Commissioner Bill Wivell reported on attending a public hearing on the proposed PenMar water system on May 25 th. The issue is controversial, Wivell said, with a number of citizens of the area opposed to a water system in the area. Of major concern are homeowners who have drilled new wells with new home construction. The County could ask the Local Delegation to the General Assembly to modify state laws to allow use of newly developed wells in areas where water systems are established, Wivell said. The Water Quality Advisory Committee will hold its next meeting in the PenMar/Cascade area. Wivell discussed attending the Sharpsburg Parade and Memorial Service at the National Cemetery on Memorial Day weekend, and the swearing-in of the Hagerstown Mayor and Council on May 3oth. The Agricultural Preservation Advisory Board heard a presentation from Water Quality Director Greg Murray at its recent meeting. Wivell said. A meeting with the Sheriff’s Department last week discussed consolidated public safety dispatch issues, Wivell reported.
Commissioner Dori Nipps commented on last week’s Community Action Council volunteer recognition ceremony. The Historic District Commission discussed issues relating to preservation of a house on the Ridenour Farm near Clear Spring. An application has been approved for the National Register of Historic Places for that structure. The Recreation and Parks Board met last week, and discussed an updated list of activities at the Agricultural Education Center Park on Sharpsburg Pike. The group is continuing to look at feasibility of a community center that would contain an indoor pool and house other recreational activities. The Recreation Department has included a needs assessment survey in its mailings, Nipps said. The Recreation Department is also looking into providing a basketball program for Elementary grades at Hancock and the possibility of a Horse Park locating in Washington County was also on the agenda, Nipps said. The City of Hagerstown has submitted new priorities for its Program Open Space funding allocations for the fiscal years 2004-2005 and 2005-2006. Break-ins at Marty Snook Park have caused considerable damage, Nipps reported, and the County Sheriff’s Department is conducting a thorough investigation.
Commissioners’ President Greg Snook reported on an article from the Frederick News-Post on that County’s Commissioners’ plan to provide tax relief for elderly and fixed-income individuals. A letter from Bill Blum of the Public Schools staff outlined priorities for a $2.7 million supplemental request to Capital Improvement Projects. That request will receive further discussion later in the meeting. Snook noted that the Boonsboro lighting project was third in priority after projects at Hancock and Williamsport. The Town of Hancock has requested assistance in reprinting brochures advertising its Rail-Trail park. The Board voted to allocate $2,145.00 from either the Hotel-Motel Tax fund or the Commissioners’ Contingency fund. The Chamber of Commerce heard a presentation on possible Hagerstown East End projects including a new stadium at its recent Eggs and Issues meeting, Snook said. The Convention and Visitors’ Bureau reports that filmmakers currently in Washington County to make a movie about the Battle of Gettysburg have spent $200,000 in hotel costs. Dr. Betty Morgan reported that a conference of all State School Superintendents will be held in Hagerstown this fall, Snook said.
REPORTS FROM COUNTY STAFF
Public Works Director Gary Rohrer requested that the Board fill a vacant Motor Equipment Operator II position at the Highways Department. The measure was approved by unanimous vote. Rohrer also told the Board that bids for the Pavement Management Project will be opened on Wednesday, and the bids for Gossard Mill Bridge rehabilitation will be opened soon. A meeting with the I-81 improvement study group discussed truck weigh stations and high-tech equipment used in those activities. Statistics from the State Highway Administration indicate 1,000 trucks per hour may be using the southbound lane of I-81 through Washington County, Rohrer reported.
Community Partnership Director Stephanie Stone asked for Board approval on the Local Management Board's new slate of officers which includes Millie Lowman as Chairperson, Dave Engel as Vice-Chair, Paul Pittman as Treasurer and Milissa Sibley as Secretary. The measure was approved by unanimous vote.
Planning and Community Development Director Mike Thompson introduced Derrick Myers, an intern serving in the Department this summer. A meeting with planners from the Maryland and Pennsylvania counties along the Mason-Dixon Line focused on like issues across state boundaries including growth and agricultural preservation. The Town of Boonsboro has placed a cap on new taps into its water system until July 2007. Fletcher's’ Grove, currently under development would not be affected, Thompson said. Public Meetings on the Parks master plan get under way Wednesday, with a meeting at Boonsboro’s Shafer Park Community Center at 7:00 p.m.
PUBLIC HEARING AMENDMENTS TO THE SOLID WASTE COLLECTION LICENSING ORDINANCE
Bob Davenport, Director of the Solid Waste Department, and County Attorney Richard Douglas brought this matter to Public Hearing. Certain amendments to the Solid Waste Collection Licensing Ordinance were proposed. Some wording and technical changes have been incorporated in Section 1 to bring it up to date. Section 2 changes licensing requirements and also establishes the Washington County Health Department as the permitting and enforcement agency for proposed burning. Section 3 changes the listing of materials because the rubble fill is no longer in operation. Due to the length of the ordinance, a version showing all of the individual changes will be made available upon request to the County Attorney’s office. Commissioners’ President Greg Snook requested a 6-month review of how the changes in language function. No one testified either for or against the amendments. The record will remain open for 10 days to receive written public comment.
WORK SESSION TO DISCUSS WORKFORCE HOUSING TASK FORCE
County Administrator Rod Shoop brought a continuation of this item before the Commissioners. On April 12 th the Commissioners voted to appoint a task force of 15 people to develop recommendation to address affordable housing. The Commissioners also determined a group of organizations from which to solicit requests for nominations. Letters to these organizations were sent April 25th, with a May 20th, deadline to make a recommendation for consideration. The Commissioners also agreed that the task force should analyze and study the impact of the Washington County property tax on the availability of workforce housing; analyze and study the anticipated impact of the Washington County building excise tax on workforce housing and consider various means of encouraging the development of workforce housing in the county, including the use of: Tax credits, In-fill development, Inclusionary zoning, Moderately priced dwelling units, Bonus density for workforce housing, Tiered tax rates, Tax rebates and a “Fair share” excise tax as developed in Charles County in 2002. The Commissioners would like the task force to provide their recommendations no later than October 1, 2005. A final report will then be submitted to the Washington County Legislative Delegation on or before November 1, 2005. Commissioners reviewed a list of potential candidates and selected 15 members, and a chairperson. Richard Willson of the Housing Authority of Washington County was appointed Chair. Members appointed were: Joan McLernon, PenMar Association of Realtors; Barbara Spielman, Hagerstown Home Store; Martin Brubaker, City of Hagerstown; Oliver Taylor, Homebuilders Association; James Lobley, Economic Development Commission; Chuck Wagaman, Maryland Municipal League; David Jordan, Community Action Council; Sherry Brown Cooper, Habitat for Humanity; George Anikis, Planning Commission; Ted Shankle, Hagerstown Housing Authority; Mark Harrell, Hagerstown Trust Company; Bill Pennington, At-Large; Alan Levin, Chamber of Commerce; Debi Turpin, Homebuilders Association; and Dick Phoebus, CHIEF.
CITIZENS' PARTICIPATION
Carroll Earp of Hagerstown commented on the need for maintenance along a fence line at Black Rock Golf Course.
Tom Berry of Rohrersville asked about work sessions and public meetings on the Downzoning issue. The next work session on the subject will be on June 14 th, beginning at 8:40 a.m., Commissioners’ President Snook said.
Jim Devine of a Hagerstown mailing address questioned Zoning Inspection procedures in the County and Livability issues.
RUNWAY 9-27 LAND ACQUISITION
Hagerstown Regional Airport Fire Chief Phil Ridenour and Mahesh Kukata of consulting firm URS brought this request, for approval of an administrative settlement of $31,000 to Dellaposta Properties, LLC for partial take of 2,584 square feet as fee-simple purchase for Byers Road right-of-way, 5,265 sq. ft. as temporary construction easement and a 3,485 sq. ft. utility easement to accommodate Byers Road construction at the airport. Approval of an administrative settlement of $91,770 to Enos and Loretta Rudolph for fee-simple partial take of 2.69 acres off Paradise Church Road was also requested. The Dellaposta property is required to prepare for the realignment and reconstruction of Byers Rd during Package 3 of the runway improvement program. The Rudolph land is needed to establish the required Runway Protection Zone for the extended Runway 9-27 end. Settlement will be contingent on FAA approval. That farmland would be leased back to the Rudolphs for $100 per year and maintained in agriculture. The project is funded 95% FAA, 2.5% State and 2.5% County. The measures were approved by unanimous vote.
HAGERSTOWN REGIONAL AIRPORT RUNWAY IMPROVEMENTS SITE VISIT AND TERMINAL IMPROVEMENTS DEDICATION
Airport Manager Carolyn Motz, and URS Engineers, Mahesh Kukata, and Steve Lucchesi played host to the Board of County Commissioners for a tour of the runway improvement project and dedication of recent improvements to the airport terminal. The Runway Improvement Program began in April of 2004. The 22-month project has approximately 1.3-million cubic yards of fill now on site. In addition, the duct bank for the NAVAIDS is substantially complete, as is the base for the localizer. The associated 9-acre, Regional Storm Water Management Pond is about two weeks from completion. URS designed and oversees the project’s construction. The airport’s already small, passenger “holding area” was restricted further in size by the developments of 09/11/01. Federal, State and County funding supported building out of this area that is used to screen and accommodate passengers preparing to travel by commercial air carrier. The addition provides needed space and restroom facilities, while complementing the passenger terminal’s original architectural merit. This 120-day project, which also included improvements to the building’s existing restroom facilities and administrative offices, was completed for slightly more than $950,000 by Excel Contractors, Inc. of Hagerstown, Maryland. Funding for the project is 95% Federal, 2.5% State and 2.5% County. Federal grant money is not income tax money, but comes from the Aviation Trust Fund, comprised of aviation user fees such as ticket taxes, aviation fuel taxes and cargo taxes. The Board, Delegate Chris Shank, Jo Ann Evans of Delegate John Donoghue's office and members of the Airport Advisory Commission cut a ribbon officially opening the holding area to the public.THIRD QUARTER BUDGET ADJUSTMENTS TO THE BOARD OF EDUCATION FY 2005 GENERAL FUND
Board of education Finance Director Chris South brought this request before the aboard, for approval of a number of proposed category changes.State Law requires local school systems to periodically re-forecast their financial needs and make necessary changes to their budget. To that end, the Washington County Board of Education approved the attached list of changes to their FY2005 General Fund Operating Budget at their May 3, 2005 meeting. Several of the changes that the Board of Education approved cross major categories, and those requested adjustments must be presented to the Board of County Commissioners for their approval. There will be an $87.9K increase to the Board of Education’s general fund balance as a result of these requested budget changes. The requests included an increase in Plant Maintenance items of about $438,000, an increase in transportation costs of $87,000 due to the cost of diesel fuel, an increase of $98,000 for computers, and an increase of $13,600 in Special Education out-of-county placement costs. These increases would be offset by decreases in Administration costs, Instructional Salaries, Textbooks and Supplies costs for computers, Student Personnel service costs, Plant Operations, and Fixed Costs, plus an increase in revenue of $58,925 from increased interest income. Commissioners discussed conflicting amounts for projects stemming from two separate lists provided by the School Board's staff. Commissioner Wivell stated dissatisfaction with the priorities set, and Commissioners' President Snook called the information presented very confusing. The measures were approved by a 4-1 vote with Commissioner Wivell voting "no".
AMENDMENTS TO THE JOBS CREATION TAX CREDIT ORDINANCE
County Attorney Richard Douglas brought this matter before the Board for approval. The amendments to the Ordinance are intended to clarify an ambiguity that appears in the enabling law as to the assessment on which the tax credits are to be computed. The enabling law is also known as the "Miller bill." A bill was introduced in the 2004 session of the General Assembly to clarify the issue, but the bill failed. These amendments will clarify that the tax credits are to be computed on the "base real property tax assessment" prior to the construction of "new or expanded premises" as assigned by the State Department of Assessments and Taxation . The measure was approved as amended by unanimous vote.
PUBLIC HEARING: FORD DRIVE PROGRESS
County Real Property Administrator Joe Kuhna brought this matter to public hearing. The County was awarded funds through the Maryland Department of Business and Economic Development, for financing assistance to help with construction costs for Ford Drive in Hancock, Maryland. The road construction assists Rayloc, an automotive parts manufacturer and distributor, with improved access to Maryland Route 144.
Rayloc, an automotive parts remanufacturer, employs over 400 people in their Hancock facility. A realignment of Ford Drive was needed to safely negotiate turning on and off Maryland route 144. Kuhna stated that only the road portion of the project was subject to the hearing. The road project is near completion and the purpose of this hearing was to review the progress of the project. No one appeared to testify either in favor of or in opposition to the measure.
SALE OF SURPLUS PROPERTY
Real Property Administrator Kuhna brought this request, for approval of the sale of property owned by Washington County, before the Board. The property is the former Juvenile Detention Center now left vacant by the State’s construction of a new facility, and consists of a 30 foot by 50 foot block building, on .263 acres of land in Hagerstown. The County no longer needs the property. No other agencies have indicated a need for the space. The interior of the building is limited to readily converted space due to the current configuration and holding cells. The parcel has 31 feet of frontage on West Church Street and the appraisal was $51,600. The property was advertised, and sealed bids were requested. One bid was received, but the offer was only $31,100. Discussion took place regarding the method of advertisement. Kuhna was advised to readvertise the property in the real estate section of the local newspaper and take bids a second time.
BUILDING EXCISE TAX ORDINANCE
County Attorney Richard Douglas, Planning Director Mike Thompson and City of Hagerstown Planning Director Kathleen Maher brought this request, for guidance in amending the Building Excise Tax ordinance, before the Board. The Commissioners were asked to consider a number of mostly policy issues that have arisen in the drafting process, some of which have been raised by the City of Hagerstown. The City is in the process of drafting its own building excise tax ordinance as it pertains to collection of that tax and retention of a portion of it attributable to roads and other capital expenditures. Hagerstown is also in the process of adopting an adequate public facilities ordinance that will entitle it to retain a portion of the proceeds of the tax. Although the City will not be able to have its own APFO in place until well after July 1, it has asked to retain any tax proceeds to which it would have been entitled had its ordinance been in effect on that date. A number of issues have been raised by the City that it says should be resolved by the Commissioners. The City asks that projects in its 1999 revitalization zone be exempt from the tax, in accordance with the Board's revitalization goal. The City also asks that the Board reconsider or eliminate the enhanced tax for some or all of the kinds of construction in the City now defined as multifamily. The City has expressed concern that the County Adequate Public Facilities Ordinance lacks a "safety valve," now that developers may no longer enter into mitigation agreements to remedy school inadequacy by paying APFO fees. The City's concern is that, if all City schools are found inadequate, as they now are, growth in the City could be brought to a standstill. Other areas of concern include whether or not to exempt agencies and organizations such as the Public School system, churches, private schools, hospitals, or nursing homes from the Ordinance. The Commissioners should also adopt a set of standards governing the treatment of nonresidential construction, Douglas said and need to review a proposed enhanced tax for subdivisions of over 25 units. The statute requires a definition of workforce housing based upon the average family median income and a separate set of regulations, both of which may need to wait for the outcome of the mandated workforce housing task force, appointed by the Board. Discussion took place relative to using the City/County Enterprise zone as an alternative to a "Revitalization area", to expand scope of the programs. A number of other wording changes were discussed. Douglas will make those revisions and bring the document back before the Board on June 14 th for adoption.
CITY OF HAGERSTOWN ANNEXATION REQUEST
Planning Director Mike Thompson brought this request by the City of Hagerstown, that the Board grants an “express approval” to a proposal inconsistent with the County Comprehensive Plan, for approval. At the April 26th meeting, the Commissioners reviewed the annexation; and after some discussion, the request was tabled so that additional information could be obtained on what was being envisioned for the property. The Light annexation is located off Eastern Boulevard and is not consistent with the adopted plan. An “express approval” is required from the Board or, while the annexation could still take place, the applicant would have to wait for a period of five years to develop the property unless it was to be developed consistent with the County Plan. In this case consistent development would have to be residential. The concept plan, which will be presented at the meeting, shows a total of 19 commercial lots with primary access from Cameo Drive. Discussion took place on traffic control at a proposed intersection, and buffering needed between commercial and residential properties. Express approval was granted by a 4-1 vote with Commissioner Kercheval voting "no".
MARYLAND HORSE PARK REQUEST
Economic Development Commission Project Coordinator Bob Mandley brought this request before the Board for discussion. The Maryland Stadium Authority has invited counties and municipalities to nominate real property located in the State of Maryland to be the site for a proposed Maryland Horse Park. The proposed site would require between 500 and 1200 contiguous acres. Horse Parks are used for, among other things, show jumping and similar show ring oriented sports steeplechase, fox chasing, endurance riding, dressage, polo, rodeos, carriage driving, jousting, police horse training, trail riding, pony riding, boarding, kennels, equine retirement centers, equine business offices, museums, and other recreational activities. A Horse Park would be designed as a destination, which will attract out-of-state visitors. A recent report indicated a population of some 4,400 horses in the county. Mandley proposed use of the Agricultural Education Center Park on Sharpsburg Pike and adjacent property owned by the State of Maryland. Discussion took place on interference with the University of Maryland's Agricultural Extension Service Research Facility. Other proposals would have included identification of property held under agricultural easement and purchase of that privately held land. With the price of Ag land at $20-$30,000 per acre, that option was not deemed feasible. Mandley asked the Board if Washington County wished to pursue this opportunity and respond to Maryland’s Request for Proposal. The Board reached consensus to put forth a proposal for the park to be located on property already owned by the State adjacent to the Ag Center.
INTERGOVERNMENTAL PURCHASE AGREEMENT: ARMORED SWAT TRUCK
County Purchasing Agent Karen Luther and Sergeant Mark Knight of the Washington County Sheriff's Office brought this request, to award the purchase of an Armored Swat Truck to Lenco Industries, Inc. of Pittsfield, MA in the amount of $209,000.00 via an Intergovernmental Agreement using a Federal GSA Contract, as allowed by local and state law. Through the National Defense Authorization Act, Washington County can purchase this vehicle using the General Services Administration’s Federal Supply Schedule with Lenco Industries, Inc. if it is used in the performance of counter drug activities. Further, the Department of Emergency Services has received a Homeland Security Grant, the use of which is restricted to law enforcement purposes only, that could fund this purchase. This vehicle would replace the existing vehicle that is no longer acceptable for use for the types of activities envisioned for this vehicle. The Narcotics Task Force and Joint City/County Special Response Team would use the vehicle in carrying out law enforcement activities primarily, but the vehicle could also be used for Homeland Security Purposes. The grant monies could be applied to the County's radio project but there are no known purchases that can be made for the project before the grant expires in October of this year. Continued use of the existing vehicle and/or not having the appropriate vehicle available jeopardizes operations and compromises the safety of all those involved in such operations. The measure was approved by unanimous vote.
EMPLOYMENT ACTION
The Board hired Mark Stransky as a Plan Reviewer in the Engineering Department.