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.
June 14, 2005
BUILDING Excise tax ordinance
County Attorney Richard Douglas brought this request before the Board,
to resolve the remaining open issues and approve a draft of the Building Excise Tax Ordinance to be taken to public hearing scheduled for June 21. Douglas told the Board that revisions were made to a draft of the Ordinance as a result of comments made in discussions at the June 14 meeting. The Commissioners discussed the latest draft, reviewing and approving, with minor changes, revisions from last week’s meeting. Additional revisions were discussed and approved. The excise tax matrix proposed by the Economic Development Commission for non-residential construction was approved, with an added exemption on projects under 5,000 square feet. An enhanced tax of $26,000 for single-family dwellings and $31,000 for multifamily dwellings in subdivisions of over 25 units in a single fiscal year was approved, provided that school inadequacy exists. The tax would apply to the 26 th unit and above. The tax would be exempted in the City of Hagerstown’s C3 and Conversion zoning districts and in redevelopment areas that may be designated in Hagerstown and in the other municipalities. The tax would be exempted in all of the County’s Enterprise Zones. An Administration fee of 2% for collection of the County portion of the tax by the municipalities was approved. Churches and other places of worship as established under IRS regulation would be exempt. A provision was added for satisfaction of building excise taxes by contribution of real property or other items of comparable value by developers at the discretion of the Commissioners, to be governed by Article IX of the adequate Public Facilities Ordinance. The amended Ordinance was approved to be taken to Public Hearing on June 21 st by unanimous vote.
RESOLUTION: WORKFORCE HOUSING TASK FORCE
County Attorney Douglas also brought this matter before the Board, requesting adoption of a Resolution establishing a Workforce Housing Task Force. Last week the Commissioners appointed members of the Task Force, and a resolution formally establishing that entity and setting forth its charge as excerpted from the Washington County Growth Management Act of 2005 was needed. An additional member, City of Hagerstown employee Larry Bayer, was requested to be added by Commissioner Dori Nipps, and a provision that the committee select its own chairperson was added. The amended measure was approved by unanimous vote.
CITY OF HAGERSTOWN ANNEXATION REQUEST
Planning and Community Development Director Mike Thompson brought this request, that the Board make a finding of consistency that the proposed City of Hagerstown annexation request, knowns as the Crumrine Annexation, is consistent with the Comprehensive Plan. The property has been presented to the City for annexation. Maryland Code states that a municipality may not place a property into a zoning classification that permits a land use substantially different from the use permitted under the adopted comprehensive plan. The request for annexation is for a property that will be adjacent to the City on completion of the Light annexation, which was considered by the Commissioners at the June 7 th meeting. The property is located off Eastern Boulevard immediately east of the Light annexation and is consistent with the adopted plan. The property owner signed a pre-annexation agreement in order to secure City water service. The original City request called for an Agricultural Transition or AT zoning classification. The City Planning Commission has recommended R1 (Residential) as the zoning designation. The measure was approved as consistent with the current Comprehensive Plan under the AT designation by unanimous vote. Should changes in that zoning take place, the Commissioners would have to hear the matter again.
CITIZENS' PARTICIPATION
Each week the Board of County Commissioners sets aside time to hear from citizens on matter of importance to the community.
Daniel Moller of Keedysville commented on the Recreation and Parks Plan, and questioned a lack of clarity on lot exemption information on the County website. Commissioners’ President Greg Snook said that the Information Technology Department and the Planning Department will resolve that issue.
Tom Berry of Rohrersville commented on Downzoning issues and the need to develop the plan slowly to avoid errors.
May Fruehauf of Hagerstown commented on the need for sanitary facilities for bus drivers on County Commuter routes.
THE BOARD TOURED LANDFILL SITES AT RESH ROAD, THE RUBBLE LANDFILL, AND 40-WEST LANDFILL DURING THE MORNING.
PUBLIC HEARING: REVISIONS TO ADEQUATE PUBLIC FACILITIES ORDINANCE-ARTICLE V, SCHOOLS
Planning and Community Development Director Mike Thompson brought this request, proposed amendments to the Adequate Public Facilities Ordinance (APFO) section for Schools, to public hearing.County staff, with the assistance of Board of Education staff, has revised the provisions with regard to schools. Language for schools set forth in the Frederick County APFO was requested to be examined for applicability in Washington County at a recent joint meeting between the Commissioners and the Board of Education. The amendments proposed are primarily to Article V. Two changes to other sections are proposed to be made as well. Section 2.3.12.1 is proposed to add a definition for minor subdivisions, while a change was made to Section 4.1.1 to increase the number of lots from four to five for consistency throughout the ordinance. Numerous changes are proposed to Article V, adding language to allow for a determination of adequacy if there are funds for construction of additional seats in the area in the current or next year of the approved Capital Improvement Program. That language would also apply if the Board of Education has approved a redistricting plan based on a school being constructed within the same attendance area. Discussion included exempting minor subdivisions and public and private schools. In addition, enrollment data would be gathered on a quarterly basis in lieu of the current annual reporting. Recommendations included development of a transition policy, allowing 50 units per year in large developments, and methods of determining school adequacy. The revisions went to Public Hearing. Leslie Blake, of a Citizens' school advisory group expressed support for the APFO in allowing school construction in a timely manner. Attorney Jason Divilbiss of Hagerstown suggested that the mitigation criteria outlined in the Excise Tax Ordinance be included in the school APFO. Kathy Maher of the Hagerstown Planning Department called for language clarification in the Ordinance that would permit the 1,000 units per year needed to fund the CIP to be generated. The City will supply language for review. The record will remain open for 10 days to allow citizens to give comments in writing. Letters should be sent to the Board of County Commissioners, 100 West Washington Street, Hagerstown Maryland 21740. Email may be sent to commissioners@washco-md.net.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Dori Nipps commented on a recent meeting of the Commission for Women. Several seats on that Commission have become vacant and suggestions for filling those positions will be heard later in the Commissioners' meeting.
Commissioner Bill Wivell reported on the recent Water Quality Advisory Commission meeting held at Cascade. The water system proposed for the area has generated concern among some of that area's citizens. Wivell asked County Attorney Richard Douglas if hookup to water systems in Washington County is mandatory, and is that a matter of state or local law. Wivell asked that Frederick County's law be researched to see how that county handles similar problems. Wivell suggested a transition policy be created that would allow residents to maintain private wells if those wells were tested and found to be adequate, if such a policy were allowable under law. The Economic Development Commission's infrastructure committee is requesting an update on water-sewer issues. The EDC intergovernmental affairs committee discussed a property tax abatement proposal, and an EDC Agriculture Specialist position was discussed. The Washington County Free Library's 100-year Anniversary will be celebrated on October 1 st. EDC staff have attended several important conferences and trade shows recently, and terms of EDC members Doug Wright and Charles Shindle will expire at the end of this month, Wivell reported.
Commissioner Jim Kercheval also reported on the EDC meeting, and announced that the Maryland Department of Business and Economic Development annual luncheon is set for June 28 th. A citizens meeting in the Keep Tryst Road area discussed traffic and public safety issues with Delegate Richard Weldon, Officials of the State Highway Administration, Washington County Sheriff's Department and Maryland State Police. Issues raised included speeding on U.S. 340, and possible illegal activity near the C&O Canal towpath. Delegate Weldon asked the County to write a letter to the state Public Service Commission to ask that body to look into the increases in electric costs affecting the EastAlco aluminum plant in Frederick County. Electricity is a major component in the aluminum-making process, and costs have increased dramatically. 200 Washington County citizens work at that plant, Kercheval reported. A letter will be drafted to the PSC and to the County Delegation to the state legislature. Black Rock Golf Course has addressed a citizen's complaint concerning a flag and fence on the property, Kercheval said.
Commissioners’ President Greg Snook told the Board that a letter from the State Crime Control and Prevention Office announced award of $30,000 to the County's Alternative Sanctions office for its work crew program. Judge Fred Wright sent a letter to the Commissioners announcing receipt of $250,000 from the State to help address elevator security costs at the Courthouse. A letter from Antietam Partners outlined Civil War battlefield preservation issues and their impact on the County's economy. Meetings with Hagerstown Mayor Dick Trump will discuss County/City issues on a regular basis, Snook said.
OTHER BUSINESS
Appointments to Boards and Commissions: County Clerk Joni Bittner brought requests from the Commission for Women for first-time appointments and reappointments. Brenda Haynes was recommended to be reappointed for a one-year term and Natalie Rook for a three-year term. That Commission is also recommending the appointment of Marie Guedenet, Bonnie Erica, and Ladetra Robinson for initial three-year terms. The measures were approved by unanimous vote.
County Administrator's Comments: County Administrator Rod Shoop reminded the Board that a workshop meeting on Rural Area Zoning will be held on Monday, June 20 th from 9 a.m. until noon, open to the public.
BID AWARD: GOSSARD MILL BRIDGE
Deputy Chief Engineer Rob Slocum brought this request, to award a Construction Bid Award, for the Gossard Mill Road Bridge Abutment Stabilization, to Callas Contractors, of Hagerstown, in the amount of $178,055. The project includes the stabilization of eroded stream banks at the bridge abutments. Repairs include building gabion walls at the abutments, as well as the excavation and grading of the stream banks. Recent bridge inspections and subsequent testing revealed moderate to severe erosion at the stream bank and abutments, thereby exposing a portion of the bridge foundation.
This is a 60 Calendar Day Contract. Assuming prompt bid award, the anticipated Notice toProceed is June 27 th with an anticipated completion date of August 25 th. The road will remain open for the project duration with a temporary lane closure with flagmen as required. This is a budgeted CIP project with a current budget balance of $340,631 and is adequate to cover the costs of the project. Slocum told the Board that no practical alternative exists. The bridge itself is in good condition but the abutments are exposed and vulnerable to further deterioration. If left unaddressed, the bridge will eventually have to be closed to traffic and would require a greater repair effort. The measure was approved by unanimous vote.
BID AWARD: PAVEMENT MAINTENANCE PROGRAM
Deputy Chief Engineer Slocum also brought this request, to award the bid for the Pavement Maintenance Program to the lowest, responsible, responsive bidder, C. William Hetzer, Inc., of Hagerstown, for the Alternate Base Bid in the amount of $3,325,235.92. The recommendation also included adding additional roads into the program to take advantage of a budget surplus. Pavement Maintenance Program work is generally described as asphalt preservation, repair and rehabilitation including, but not limited to, Crack Filling, Crack Repair, Slurry Seal, Full Depth Patch, Hot Mix Asphalt Overlay, and Full Depth Pavement Reclamation. The contract as bid for the County projects includes: 6 miles of Hot Mix Asphalt overlay, which includes patching, milling, wedging and leveling; 4.2 miles of Full Depth Reclamation; 21 miles of Crack Fill sealing; 9.7 miles of Slurry Seal and Miscellaneous items including pavement markings and loop detectors. This contract includes a unit price schedule to allow for adjustment of quantities, with unit prices held for a one-year term. Based on an anticipated Notice to Proceed date of June 27th, the unit price schedule will expire June 26, 2006. The contract also includes provisions to account for liquid asphalt price fluctuations. The total available budget for this project is $4,267,544. Accounting for testing and inspection costs, estimated at $119,214, as well as possible price increases due to asphalt price changes and variability in estimated quantities the total project cost as bid would be approximately $3,610,712, resulting in a $656,832 budget surplus. It is recommended that additional work be added to the contract to take advantage of this surplus. The Board was reminded that last year the County paving projects totaled $1 million. This year the projects will total $4 million. The bid was approved by unanimous vote.
SENATOR AMOSS GRANT DISTRIBUTION FOR FIRE AND RESCUE
Department of Emergency Services (DES) Director Joe Kroboth brought this matter before the Board, with a request to approve the distribution of Senator Amoss Fire, Rescue and Ambulance Funding equally to all county volunteer fire and EMS companies and the City of Hagerstown Fire Department for FY 2005. State law establishes a state funding source for fire, rescue and ambulance services to the citizens of Maryland. Funding is distributed to the county political jurisdictions of the state and Baltimore City for re-distribution to qualifying agencies. Funds awarded from this program are limited in use for acquisition or rehabilitation of fire/rescue apparatus, capital equipment used in connection with fire fighting, EMS and rescue services and may not be used for administrative costs, compensation for employees, travel expenses, fuel or utility expenses, fund raising or new water system expansions. The receiving companies must certify how the funding was used. The law requires the County to establish the distribution method provided the conditions of the law are met.A total of $227,862.10 was awarded to Washington County for FY 2005. Excepting, as required by law, the distribution of funding for the city companies be directly distributed to the City of Hagerstown as opposed to the individual volunteer fire companies within the city. Using the equal distribution formula, the City of Hagerstown would receive $50,635.96; each County fire and EMS Company would receive $8,439.34. The measure was approved by unanimous vote.
MEMORANDUM OF UNDERSTANDING: COMMUNITY RIGHT TO KNOW GRANT
DES Director Kroboth also brought this request to the Board, to authorize the Department of Emergency Services to execute a Memorandum of Understanding Between the Maryland Department of the Environment (MDE) and Washington County and accept $6,210 in grant funding. Kroboth told the Commissioners that each year MDE provides funding to support emergency management agencies with the cost and maintenance of chemical inventories maintained by the department. The amount of funding provided to the counties is determined by an equal distribution formula across the state. The amount of funding awarded to Washington County for the EMPG program is $ 6,210. The MDE funding is used to supplement the Emergency Management Department operating budget. The funds are used to purchase or maintain computer database systems, chemical response equipment and references, cover contracted services and other directly related expenditures. The grant reduces local fiscal obligation of a federally mandated service.
The measure was approved by unanimous vote.
MEMORANDUM OF UNDERSTANDING: EMERGENCY MANAGEMENT PERFORMANCE GRANT
Kroboth also recommended that the Commissioners authorize the Department of Emergency Services to execute a Memorandum of Understanding Between the Maryland Emergency Management Agency (MEMA) and Washington County and accept $32,712 in Emergency Management Performance Grant (EMPG) funding. Each year MEMA provides funding to support emergency management activities across the state. A formula dependant on population determines the amount of funding provided to the counties, amount of prior funding contributed by the local jurisdiction, land area and other factors. The amount of funding awarded to Washington County for the EMPG program is $32,712. EMPG funding is used to supplement the Emergency Management Department operating budget expenses for salaries, supplies and materials. The grant requires 50% matching funds that are provided from existing approved budgets in Emergency Management. The measure was approved by unanimous vote.
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