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.
July 12, 2005
INTRODUCTION OF NEW EMPLOYEES
Human Resources Administrator Dee Hawbaker brought one new employee before the Board for introductions. Corey Mowen was recently employed as a Collections/Distribution Operator Trainee in the Department of Water Quality.
Rural Zoning Update
Planning and Community Development Director Mike Thompson and Chief Senior Planner Steve Goodrich brought this update before the Board, and requested adoption of the final version of the rural zoning proposal, which includes changes to the Zoning Ordinance text, zoning map amendments, and Comprehensive Plan map amendments. Changes to the documents were proposed at previous meetings and have been revised to reflect the tentative decisions reached at those meetings. The changes provide for possible additional exemptions for historic properties. The documents presented were the culmination of efforts by citizens, the Planning Commission, the Rural Area Zoning Task Force, the Commissioners and County staff to develop changes to the Zoning Ordinance in order to implement the Comprehensive Plan adopted by the Board in 2002. Discussion centered around efforts of the Agricultural Land Preservation Board to develop acceptable plans for Transfer of Development Rights and other programs to preserve equity. Commissioner Bill Wivell suggested a 60-day delay in approving the measure until the Ag Board could complete its task. That motion was defeated on a 3-2 vote. Commissioner John Munson, calling the measure unfair to property owners made a motion to not enact the changes, and take the measure to a referendum at the 2006 election. That motion died for lack of a second. Commissioner Dori Nipps recommended a vote be taken due to the amount of work by citizens and the Commissioners that had taken place to develop the plan. Nipps said the Board gained nothing in delaying the vote and cited responsibility to County citizens to move on and begin work on the next phase of the rezoning effort. Commissioners’ President Snook reminded the community that the changes to Zoning in the rural areas came from citizen input in public hearings and meetings. Recommended maximum densities of 1 residential unit to 5 in the Agricultural areas, 1 to 20 in the Environmental Conservation area and 1 to 30 in Preservation areas were developed by a citizen advisory panel. Commissioner Jim Kercheval discussed the need for changes to setbacks for residential side yards and setbacks for developments adjoining agricultural properties. Kercheval proposed adoption of the densities as presented, with a TDR or bonus density program to be developed by the Agricultural Preservation Board no later than August 1 st of 2006. Staff would be required to submit monthly updates as to the amount of subdivisions in each zoning category, with limits imposed. Current parcels in the rural areas would be limited to no more than 25 new subdivisions per year until the compensation program is developed. Staff would monitor the impact and report to the Board at 6-month intervals. Tracking of subdivisions would begin on the date of approval. The measures were approved on a 3-2 vote, with Commissioners Wivell and Munson voting “no”.
ADOPTION OF PROPOSED ADEQUATE PUBLIC FACILITIES ORDINANCE.
County Attorney Richard Douglas and Planning Director Mike Thompson brought this request, to adopt the Adequate Public Facilities Ordinance (APFO) as amended and determine the effective date. Revisions made since the public hearing on June 14 include clarification of the definition of Minor Subdivision as containing 5 lots or less. Commissioner Kercheval suggested adding a third designation to school capacity. In addition to the current "Adequate" and "Inadequate" designations, a "Failing" category would be added to address schools that have reached absolute maximum capacity and for which temporary measures would no longer function. It was suggested that staff revise the proposal to include suggestions and refine Article 9 to better define "mitigation plan" for developers as regards school capacity. A motion, to delay the approval for two weeks, was approved by a 4-1 vote with Commissioner Wivell voting "no".
ADOPTION OF PROPOSED BUILDING EXCISE TAX ORDINANCE
Douglas and Thompson requested that the Board Adopt the Building Excise Tax Ordinance as amended. A public hearing was held on June 21, 2005. Since then, changes to the text of the Ordinance have been made, including a footnote clarifying that campgrounds be treated the same as hotels and motels for excise tax purposes. The Board recommended the use of the term "cabins" instead of campgrounds. The Board recommended lowering some fees contained in the excise tax matrix. Non-residential retail construction of 25,000 square feet (sf) would fall from $5 per sf to $3; from 25,000 sf to 500,000 sf from $5 to $4; and above 500,000 sf would be assessed at $3.50. Hotels and Motels were seen as contributing little to school or road adequacy issues, and fees were reduced from $5 to $3 on construction of 25,000 sf or less; from $4.50 to $3 on 25,000-50,000 sf; from $4 to $2.50 on 50,000-100,000 sf; from $3.00 per sf to $2.50 on 100,001 to 250,000 sf; and from $2.00 to $1.00 per sf on hotel-motel construction of greater than 250,001 square feet. Under developer contributions, "Board of Education" was added so that recommendations of the school Board and the Planning Commission would be needed for approval of real property donations. A temporary Workforce/Affordable Housing credit policy would be added to say that semidetached, single family and town homes under 1,500 square feet would be assessed at a rate of $1 per square foot. Apartments would not be included in that credit. But could request an exemption if certain criteria were met. Developers in the County or in the Municipalities with projects they feel are workforce/affordable housing projects could request a similar credit from the County Planning Director, and if denied would be granted right of appeal to the BOCC. That measure was to be in force until the recommendations of the Affordable Housing Task Force submits its recommendations this fall. In other clarifications, under the definition of Nonresidential use building, taxation is to be based upon the primary use in the building, as determined by the Director of Permits and Inspections. Under Exemption for small developments, clarification that this applies only to nonresidential, non-retail developments was made. The Religious Corporations exemption applies only to those structures that are owned by tax-qualified religious corporations, and used for religious, educational, or community purposes. The procedures for Appeals from a decision of the Director of Permits and Inspections to the County Administrator were clarified and a provision for reports to the Commissioners was added. Effective date was set as July 12. The measures were approved by unanimous vote.
CITIZENS PARTICIPATION
Each week the Board of County Commissioners sets aside time to hear from citizens of Washington County on matters of importance to the community.
Sharon Bowers of Clear Spring requested assistance with a manufactured housing location permit due to hardship.
Denise Pennington of Hagerstown commented on the affordable housing crisis. Commissioners' President Greg Snook stated that the County is looking into these issues through its task force on the subject.
Cascade area business owners Greg DeLauter and Roy Sanders presented a 750-name petition to the Board requesting that the Cascade community be allowed to move ahead and that redevelopment of Fort Ritchie be allowed, to return jobs to that area.
Jerry Ditto, representing the Ag Land Preservation Board commented on the process that group is developing on Transfer of Development Rights and other equity compensation for landowners.
Fay Cohen of the PenMar area requested assistance with sewer gas odors in a Cascade neighborhood. Commissioners' President Snook said the problem would be rectified.
Robin Biser of Cascade commented on a lawsuit filed in regards the Fort Ritchie sale, the water system there and the historic nature of the facility.
Tom Berry of Rohrersville commented on concerns with the comprehensive rezoning of the rural area.
John Himes of Sandy Hook requested explanation of some zoning terms and issues.
May Fruehauf brought the issue of a restroom for County Commuter bus drivers before the Board.
REQUEST FOR SUPPORT: NEW SPACE FOR COMMISSION ON AGING
Susan MacDonald, Executive Director of the Washington County Commission on Aging (COA) and Deborah Everhart, City of Hagerstown Planning Director presented information to the Board in support of increased County funding for the ( WCCOA) relocation to Aspire to Serve’s building on East Franklin Street. The request was to increase the WCCOA’s allocation by $47,500 to make relocation to accessible program space possible for senior citizens. MacDonald told the Board that program and administrative offices of the WCCOA located at 9 Public Square, present serious barriers for elderly clients such as a lack of on-site parking, a dangerously congested drop-off space on Washington Street, a difficult approach to building entrances, and an interior described as a maze, complicated by steps and elevations difficult to navigate with walkers and wheelchairs. Relocation of offices to the Aspire to Serve space would enable the WCCOA to provide completely handicapped accessible programs and services, on-site parking, sufficient meeting and training space, and increased coordination of services. The funds requested $47,600 represent the difference between the present annual space costs of approximately $36,000 and the cost for the Aspire to Serve space of $83,600. The square footage costs include utilities, and Aspire to Serve would provide the cost of the build-out. Square footage costs would increase from $3.70 at 9 Public Square to $11.00 at the Franklin Street location. If assistance were obtained in the project build-out, the rental cost could be lowered to $8.50 per square foot, MacDonald said. Commissioners President Greg Snook said that there is the possibility of some funding being available from the Tri-County Council. Costs would increase for transportation of clients from the Alexander house, where the COA now has its nutrition site, to the Franklin Street location. MacDonald said.
ECONOMIC DEVELOPMENT COMMISSION STRATEGIC PRIORITIES
Economic Development Commission Director Tim Troxell and EDC Chair
Strategic Priorities for FY 2006 include: Assist with the Retention and Growth of Existing Businesses; Attract New Businesses to Washington County Emphasizing Targeted Industries; Facilitate Workforce Development for Existing and Target Businesses; Identify and Prioritize Economic Development; Infrastructure Needs and Opportunities; Support Continued Cooperation within the Public and Private Sectors; Toward Achieving Economic Development Objectives.
COMMUNITY PARTNERSHIP BOARD MEMBERS
Carolyn Brooks, Chair of the Washington County Community Partnership for Children and Families nominating Committee brought a recommendation of new board members to the Commissioners for approval. Individual Voting Members: recommended were Patsy Campbell and Nicole Perini. The Ex Officio Voting Agency/Public Agency Representative is recommended to be Norma Sappington of Washington County Circuit Court. The Nominations Committee met with applicants and selected these candidates as potential new board members. Approval from the full Board was given in it's meeting on June 17 th. The measures were approved by unanimous vote.
PUBLIC HEARING: REPEAL AND ENACTMENT OF PLUMBING, MECHANICAL AND ELECTRICAL CODES
Permits and Inspections (P&I) Director Dan Divito, Chief Plans Reviewer Kelley Vantz and Chief Inspector Rob Smith brought a series of recommendations relating to Building Codes to Public Hearing. Recommendations included repeal the 1997 International Plumbing Code, with Local Amendments and Enact the 2003 International Plumbing Code, with Local Amendments; repeal the 1996 BOCA National Building Code, with Local Amendments, and Enact the 2003 International Building Code, with Local Amendments; repeal the 1996 International Mechanical Code, with Local Amendments and enact the 2003 International Mechanical Code, with Local Amendments; repeal the 1995 First Printing of the CABO One and Two-Family Dwelling Code, with Local Amendments and enact the 2003 International Residential Code for One- and Two-Family Dwellings, with Local Amendments; repeal the 2002 National Electrical Code, with Local Amendments and enact the 2005 National Electrical Code, with Local Amendments. In addition, Divito requested repeal of the current electrical fee schedule and enacting a new fee schedule incorporating all fees governing work performed under the 2003 International Codes and the 2005 National Electrical Code. Divito told the Board that the codes have not been updated since 1997, with the exception of the Electrical Code, which was updated in 2002. The revisions were requested in order to comply with Maryland law and to protect the citizens of Washington County. The fee schedule governing electrical work performed was adopted by the Commissioners in 2004, and should be repealed and be reenacted as part of a comprehensive new fee schedule incorporating all fees governing work performed under the new codes. Divito told the Board that training will be necessary for the building community as well as County inspectors while a transition period is taking place. Debi Turpin of the Home Builders' Association testified for the changes, but told the Board that a 180-day transition period is needed. Turpin said that seminars are planned by HBA in cooperation with Permits and Inspections. Builder Tim Fields testified for the changes, and requested a gradual implementation or transition period. Divito stated that it would take about three months to get through the backlog of permits that will be implemented under the old codes, which would give enough time for the seminars. The International Code Council has stated that the County should have the codes revision in place prior to August first. The record will remain open for 10 days so that written comments can be accepted from the public.
OTHER BUSINESS
Appointments to Boards and Commissions. County Clerk Joni Bittner brought several recommendations for appointments and reappointments before the Board.
The Electrical Board requested that Mitchell Gladhill be reappointed to the Board of Examiners and Supervisors for Electricians for a three-year term as the City of Hagerstown’s representative. The measure was approved by unanimous vote.
The Mental Health Advisory Committee recommended that Eugene Smith, and Carol Lourie be reappointed for three-year terms and that Stan Brown be appointed to a first term. The measures were approved by unanimous vote.
The Commission for Women is requesting that Joan Erdesky be appointed for a three-year term. The by-laws of the Commission state that it “shall consist of 15 members appointed by the Commissioners," and at present, there are 12 members. The measure was approved by unanimous vote.
County Administrators' Comments: County Administrator Rod Shoop requested a budget transfer request of $59,000 to replace furnaces at the Highways Department's Western and Central Divisions. Funding would come from departmental savings. The measure was approved by unanimous vote.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Jim Kercheval reported on a citizens' meeting regarding the Fish Hatchery in the Beaver Creek area and problems caused by sedimentation in Beaver Creek. That group is sponsoring a long-term study of water resources in the area. The County-City "2+2" Committee is continuing to discuss sewer allocation and agreements, Kercheval said. The Planning Commission voted to deny a Water-Sewer amendment outside the Urban Growth Area, Kercheval reported.
Commissioner Bill Wivell commented on a Neighborhood Watch meeting last week, and on an Eagle Scout Ceremony at Chewsville. George Griffin was elected Chair of the PenMar Development Corporation Board at its annual meeting this week, Wivell said. A trip is planned to Charles County on Thursday to discuss that government's implementation of a Central Dispatch facility, Wivell said.
Commissioner John Munson reported on a meeting of the Solid Waste Advisory Committee. A letter from the Disability Advisory Committee to the Solid Waste Advisory Committee (SWAC) had requested Landfill permit fees be the same for people with disabilities on fixed income, as for Senior Citizens, $90 per year. The measure was not approved by the SWAC at its meeting on Thursday, June 23 rd. Munson commented that SWAC members feared the reduced fees might spread to other County utilities. Munson requested that the Commissioners approve the reduction in rates. Commissioner Kercheval advised waiting until figures on permit sales for this year become available.
Commissioner Dori Nipps reported on a regional Aviation meeting held last week, and commented on discussion of I-70 and I-81 issues with Maryland Secretary of Transportation Robert Flanagan. Many small airports in the region are struggling, as funding from the FAA and Maryland Aviation Administration is reduced, and see Washington County as being lucky to have secured funding for its runway improvement project. Nipps reminded the Board that contrary to recently published reports, passenger air service does not make up the bulk of the business conducted at Hagerstown Regional Airport, rather is responsible for 2 to 3% of the annual revenues. The airport is a business park, Nipps said, and the business it serves is aviation. The Historic District Commission is planning a letter to the Planning Commission requesting developer preservation of a historic structure on a planned 1267 unit development site.
Commissioners' President Greg Snook told the Board that the Maryland Realtor Magazine has reported that home sales increased 5% to 7% in March and April, with the average new home price $243,000 in Washington County. The state average is $320,000, Frederick County is $333,000 and the high average in the state is Talbot County at $500,000 plus. A letter from the state Board of Public Works announced that the Water Quality Department will receive a $640,000 grant for the Inflow and Infiltration project at Halfway, Snook said. The Maryland Association of Counties' officers meeting last week discussed recycling. Counties are required to recycle 15% of generated solid waste. MACo also discussed annexation issues across the state. A MACo Committee has been formed to discuss Maintenance of Effort in Schools and how Counties will fund that cost, and the Summer MACo meeting has double the number of attendees from last year. A new statewide program on voting registration for early voting may impact on County revenues, Snook reported.
OTHER BUSINESS
Human Resources Director Dave Hankinson brought requests to fill several positions before the Board. Slots are open for a Motor Equipment Operator position at Highways, a Bus Operator and Part Time Van and Shuttle Driver at County Commuter, and an Emergency Communications Specialist at the Department of Emergency Services, Hankinson said. The measures were approved by unanimous vote.
BID AWARD: GROUNDS MAINTENANCE CHEMICALS
County purchasing Agent Karen Luther and John Kain, Superintendent of Black Rock Golf Course brought these requests before the Board. Each year a number of chemicals are purchased for grounds maintenance use by several County departments including Black Rock, Water Quality, Highways, Weed Control and Buildings, Grounds & Parks, as well as City of Hagerstown departments. The recommendation is to award the low bid for 37 chemicals in pound, case, gallon and drum lots. One of the chemicals received no bids, one is no longer being made, and seven chemicals bid amounts were tied between vendors. In the case of a tie, lots are drawn by the Commissioners in the Public Session. Three companies submitted low bids for individual chemicals. Chemicals are purchased on an as-needed basis. Several hundred thousand dollars are included in the budgets of the various using departments for the chemicals, each fiscal year. Lots were drawn for the seven chemicals and the measures were approved by unanimous vote.
APPLICATION FOR AMENDMENT TO THE COMPREHENSIVE PLAN
Senior Planner Tim Lung brought this proposal before the Board for approval.
The Planning Department, as Applicant, has requested that an amendment be made to the 2002 Comprehensive Plan for the County, which would change the adopted Land Use Plan involving the town growth area boundary associated with the Town of Boonsboro
A joint public hearing was held on March 14th, by the Planning Commission and the Board of County Commissioners to deal with the issue. Testing by the Washington County Health Department (WCHD) and the Maryland Department of the Environment (MDE) found serious water quality problems with wells in an area consisting of approximately 90 acres of land located west of Boonsboro in the vicinity of U.S. Route 40A and Mill Point Road that pose serious health threats to the persons who drink the water both in homes and businesses in this area. WCHD and MDE recommended that a water line be extended from the Town to the affected area. To address this recommendation, the Boonsboro Utilities Commission agreed to design and construct an extension of the 8-inch water main along Alternate Route 40 from its current termination in the vicinity of the Bast Funeral Home to Mill Point Road and along Scenic View Court and Mill Point Road. According to the adopted Comprehensive Plan Land Use Plan Map, the property is currently designated as being in the “Rural Area” of the County with a Land Use Designation of “Agriculture.” Inclusion of the Property in the Growth Area with a land use designation of “Low Density Residential” would be considered consistent with the policies of the Comprehensive Plan based on the proximity to the existing growth area, existing land use, existing development density, and the proposed availability of public water to this area to address the public health issues identified by the Washington County Health Department. The Planning Commission approved the amendment. The measure was approved with Commissioner Wivell abstaining.
TEXT AMENDMENMT: WATER AND SEWER PLAN
Senior Planner Lung, brought this Application for Text Amendment to the Washington County Water & Sewerage Plan on behalf of the Applicant, the Washington County Health Dept. (“WCHD”) A public hearing was held on March 14th on WCHD’s request for an amendment to the Water and Sewerage Plan, that would change the service priority classification for the affected property from No Planned Service to Planned Service. The change would create text and map amendments. The request is in tandem with the prior Comprehensive Plan amendment dealing with water quality problems with wells near Boonsboro. The measure was approved by unanimous vote.
Transfer of force main to City of Hagerstown
Water Quality Department Director Greg Murray brought this request, to transfer a portion of the force main extending from Maugansville to the City of Hagerstown sewer system, and adjacent to annexed property in the City, to the City of Hagerstown for their use in serving said property to the Board for approval. The County owns a force main sewer line that extends approximately 13,500 feet from the Maugansville Pumping Station to the gravity sewer system owned by the City of Hagerstown. Through annexation initiatives the City now extends into areas that could be served by the existing force main owned by the County. The County has no use for the line in this area other than for transmission purposes. The portion of force main in question, approximately 3,600 feet, would allow service to Collegiate Acres without construction of a duplicate line. A duplicate line would double the cost of serving this area and subsequently add to the overall housing costs. In addition, it would place two lines in the Maugansville Road area instead of one. This is more detrimental to overall pavement maintenance programs and causes higher overall long-term operating costs. It would not be beneficial for the County to maintain this portion of line since it would place a “piece” of County line between the two sections of City infrastructure. This practice is also consistent with prior use of infrastructure to serve annexed areas such as Cortland Manor. That was also a County line that was turned over to the City, in that case for a fee. In the case of this line, it is mutually beneficial to turn it over to the City in that it eliminates a substantial portion of line that the County is required to maintain. Payment for the prior line was generally used to compensate for fees that may have been received had the County retained the line, which is not applicable in this case. Discussion took place on value of the line to the County. Cost to reconstruct the line was estimated at $500,000.00. Commissioner Munson suggested that the developer pay for its acquisition. Commissioners' President Snook asked Murray to negotiate a price with the developer and report back to the Commissioners at a later date.
CITY OF HAGERSTOWN ANNEXATION REQUEST
Planning and Community Development Director Mike Thompson brought this recommendation, to approve a City of Hagerstown Annexation request, before the Board. Thompson asked that the Commissioners concur that the proposed annexation is consistent with the Comprehensive Plan. Known as the Green Annexation, the property has been presented to the City of Hagerstown for annexation. Maryland Law 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 0.371-Acre property that is located on Mt. Aetna Road between Eastern Boulevard and the Dual Highway. The property is currently developed with a residence and the applicant is requesting C2 commercial zoning for the property upon annexation. The property is currently zoned BG (Business, General) under the County Zoning Ordinance and is designated for commercial development on the 2002 adopted Comprehensive Plan for the County. The applicants had requested inclusion in the City's Water and Sewer utility. The measure was approved as being consistent with the Comprehensive Plan.
OTHER BUSINESS
The Board was previously asked to support a request by Leadership Hagerstown for $40,000 in reorganization costs, and an annual stipend of $10,000 for operating costs. The program offers training to selected businesspersons and government employees to promote better community leadership. Commissioners' President Snook suggested the funds be appropriated, with tuition for County employees going through the program deducted as a "reimbursement". Commissioner Dori Nipps suggested that $20,000 be allocated, with discussion of ongoing support at a later date. The measure was approved by a 3-2 vote with Commissioners Wivell and Munson voting "no".
SOLE SOURCE PROCUREMENT: MEDICAL SYSTEMS EMERGENCY EQUIPMENT
Purchasing Agent Karen Luther and Department of Emergency Services Director Joe Kroboth brought this request before the Board, to accept a sole source procurement for a Medical Systems Self-Contained Deployable Shelter with Power generation, environmental controls and ancillary equipment. The contract would be in the amount of $139,812.10 and the vendor would be CDI Medical Systems of Fort Meade, Maryland. The unit would be a demonstration set and would allow setup of mobile medical facilities in case of disaster. Kroboth also told the Board that the unit could be utilized at major community events such as the Antietam Independence Day Celebration. The Maryland Institute for Emergency Medical Services (MIEMSS) awarded a grant to the County for the purpose of supporting regional mass casualty preparedness. The tent shelter would be connectable with other such units, being purchased by all jurisdictions in Maryland and Washington D.C. and could be used in case of a mass casualty event. The measure was approved on a 4-1 vote with Commissioner Wivell voting "no"