Meeting Summary Press Release

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.

MONTHLY JOINT MEETING WITH BOARD OF EDUCATION

The Board of County Commissioners held its monthly joint meeting with the Washington County Board of Education. Under discussion was a proposal to build a stadium at North High School. A review of the proposed stadium project, to include funding options, was presented. At last week's Commissioners' meeting the Stadium Committee proposed that the County partner with private donors by contributing $500,000 and providing financing for the project. The Committee asked the City of Hagerstown for $100,000 in support, and will be given $20,000 per year over 5 years. $150,000 in state Program Open Space (POS) funds had been earmarked by the County for the track portion of the project in the fiscal year 2006 budget, and like amounts were approved in FY 2007 and 2008, for a total of $450,000 in County support. The $300,000 in POS money approved at that meeting would be subject to availability of funds, and review by the County Parks and Recreation Board, which makes recommendations to the Board of County Commissioners regarding disposition of POS funds . POS funds are administered by the Maryland Department of Natural Resources, and are derived from land sales and transfers. POS funds are provided for purchase or development of general outdoor recreation and open space opportunities for use by the public.

COMMISSIONERS' REPORTS AND COMMENTS

Commissioner Jim Kercheval reported on this week's Planning Commission meeting. That Commission began discussion of a development near Williamsport that could add 1,267 homes to the community over a 25-year period. Developer Williamsport Ventures has agreed to provide a 50-acre school site, Kercheval said. A Planning Commission Workshop is set for Wednesday from 1-4 p.m. at 80 West Baltimore Street, Kercheval reported, to discuss issues including improving the notification process for County residents regarding annexations. Kercheval also reported on Summer Graduation ceremonies at North Hagerstown High School.

Commissioner John Munson asked that a measure be reconsidered that would allow people who have disabilities on fixed incomes to be charged the same amount for landfill permits as senior citizens. Seniors pay $90 per year, all others pay $120.00. Proof of Social Security Disability or similar restrictions on income would have to be provided at the time of permit purchase. Munson told the Board that 84 fewer permits were purchased this year than last, and revenue is expected to be $23,500 less than last year. The motion died for lack of a second.

Commissioner Dori Nipps reported on a meeting with St. Lawrence Cement officials last week. The quarry operation has exposed an underground stream. The plant is requesting use of 3-5 million gallons of water per day from the Maryland Department of the Environment. A hydrologic study indicated the stream emptied into the Antietam Creek before exposure, and excess water is being pumped back into the creek. The company is requesting permission to block off the stream so that the water table in the area will be renewed, Nipps said.

Commissioners' President Greg Snook reported on a latter from MDE requesting input on application from Fil-Tec in Cavetown in reference to a Candle Wick Process Line at that plant. No comment was given. The Community Free Clinic has thanked the Commissioners for allowing it to lease County-owned property for a short period, to facilitate its annual Mud Volleyball tournament fund-raiser. The Clinic raised about $25,000 this year at that event, Snook said. A letter from the Tri-State Community Health Center in Hancock requested a letter of support for a federal grant of $1.4 million to help provide health services to uninsured and low-income persons in a three-state region. That Center provides services to 10,000 patients annually, the letter reported. The Board will provide the support letter. Notification has been received from MDE of the City of Hagerstown's request for 2.5 million gallons per day additional sewer capacity, Snook said. A letter from the Governor's Office announced an additional $1.6 million for purchase of easements around the Antietam Battlefield. The Emergency Services Council heard the Fire and Rescue Association thank the County for donation of classroom space at the water and Sewer Building for a training center for fire and EMS personnel. A meeting has been set for October with Boonsboro Fire and Rescue officials to discuss provision of emergency services in the rural areas of the County. Citizens' Emergency Preparedness Day has been set for September 10 th at Valley Mall. 46 persons have applied to serve on a task force on emergency services in the County, and the Emergency Medical Services Master Plan should be complete by the end of August. The new Medical Director for the Fire/Rescue Association is Dr. Robert Flint, an Emergency Room physician at Washington County Health Systems, Snook reported.

REPORTS FROM COUNTY STAFF

Fire and Emergency Services Division Director Joe Kroboth told the Board that the Emergency Air Unit experienced equipment malfunction last week and about $3,000 will be needed for repairs. The funds will come from other departmental projects, Kroboth said. The 9-1-1 emergency dispatch center took two direct hits from last week's lightning storm, damaging equipment and knocking communications out for a period of several minutes. Most of the system has been repaired and communications are 75% of normal, Kroboth said.

Human Resources Director Dave Hankinson requested permission to advertise a Transportation Mechanic position at County Commuter and a Buyer position in the Purchasing Department those requests were approved by unanimous vote.

MARYLAND TRANSIT ADMINISTRATION GRANTS

Transportation Department Manager Kevin Cerrone brought this set of requests for approval of several transportation grants for Fiscal Years 2005 and 2006 before the Board.

The Fiscal Year 2005 Small Urban Area Public Transportation Operating Grant Agreement between Maryland Department of Transportation (“MDOT”) and Washington County assists the County in providing public transportation services under MTA’s public transportation program for Maryland’s small urbanized areas. The County applied to MTA for assistance in financing the eligible net cost of the Project. The Project is funded jointly by the Maryland Department of Transportation and the Federal Transit Administration, with an estimated net project cost of $1,035,239. The combined federal and state shares may not exceed 75% of the actual net project cost or $618,239, whichever is less. The federal share may not exceed $517,619, and the state share may not exceed $100,620. The County’s share is approximately $417,000. The program pays operating costs for County Commuter fixed-route transit services.

The Fiscal Year 2006 Americans with Disability Act (ADA) Assistance Grant Agreement between MDOT and Washington County provides transportation services to persons with disabilities in Washington County, Maryland The County applied to MTA for financial for the eligible net cost of the Project of $209,000. The State share may not exceed the approved net project cost or $188,100 whichever is less. The County will be required to provide local public funds of $20,900 from sources other than revenue from the Project, to assure payment of the actual net project cost. Those funds are part of the Transportation Department’s budget previously approved by the Board of County Commissioners.

The Fiscal Year 2006 Statewide Special Transportation Assistance Program (SSTAP) Operating Assistance Grant Agreement between MDOT and Washington County, assists in providing transportation services to elderly persons and persons with disabilities in Washington County, Maryland. The estimated net project cost is $195,889. The State share may not exceed 75% of the approved net project cost or $146,917, whichever is less. The County will be required to provide local public funds from sources other than revenue from the. The local public funds of $48,972 would be in the form of in-kind services.

The Fiscal Year 2006 Subscription Employment Transportation Grant between MDOT and Washington County assists the County in providing transportation service under MTA’s Job Access and Reverse Commute program. The County applied to MTA for financial assistance for the eligible net cost of the Project. The Project is funded jointly by the Maryland Department of Transportation and the Federal Transit Administration. Of the estimated net project cost of $157,588, the federal share may not exceed 50% or $38,211, whichever is less. The State’s share is not to exceed $33,002. The local share, of $86,375 is provided by the Washington County Department of Social Services.

The Capital Grant Agreement between MDOT and Washington County

assists the County in the purchase of three 30-foot buses with lifts, which are replacements for buses numbered 433, 434, and 437. The grant will also help replace Shop Tools, purchase new ADP Software for scheduling, and provide preventive maintenance for the bus fleet.The Project is funded jointly by the Maryland Department of Transportation and the Federal Transit Administration, with an estimated net project cost of $675,000. The combined federal and state shares may not exceed 90% of the actual net project cost or $607,500, whichever is less. The federal share may not exceed $540,000, and the state share may not exceed $67,500, and the County’s share is $67,500.

The local funds are part of the Transportation Department’s budget previously approved by the Board of County Commissioners.

Cerrone told the Board that diesel fuel costs have increased by 100% over last year. The state has agreed to provide additional grant funds to cover fuel expenses, reducing the County operating portion of the FY 2006 budget by about $35,000. Cerrone was asked to look into the possibility of installing racks on the buses so that items that riders purchase could be stored while in transit.

All measures were approved by unanimous vote.

CITIZENS PARTICIPATION

Each week the Board of County Commissioners sets aside time to hear from the Citizens of Washington County on matters of community interest.

Attorney Tom Lynch, representing Westfields development, requested information on timing of the Adequate Public facilities Ordinance and the Transition Policy. County Administrator Rod Shoop stated there will be a meeting on Friday to discuss projects in progress with regard to the fee programs.

OTHER BUSINESS

County Administrator's Comments: County Administrator Rod Shoop told the Board that the August Employee Casual Day on Thursday, August 18th will benefit the United Way Day of Caring. Weekly intergovernmental meetings are being held by Shoop, Water Quality Director Greg Murray and Planning Director Mike Thompson with City Administrator Bruce Zimmerman and city staff on zoning and sewer issues, Shoop reported. Bi-weekly meetings have been initiated with the Economic Development Commission, Washington County Health System officials and other interested parties on the hospital project. Shoop said the project at $235 million would be the largest economic development project ever to take place in the County. Shoop said that approximately $60 million would be returned to the economy in terms of wages, salaries and purchased services.

ADVISORY SCHOOL DESIGN REVIEW COMMITTEE

County Administrator Rod Shoop brought this matter before the Board for discussion. The Building Excise Tax Ordinance requires the Commissioners to appoint theAdvisory School Design Review Committeeto review construction plans for school capital improvement projects that exceed $2M. After discussions with Department of public Works Gary Rohrer and the School System's Bill Blum, Eight Committee Categories were considered for the make up of the committee. Shoop recommended that the categories include the County Director of Public Works , a Citizen-at-Large individual with children in the school system, the Board of Education Director of Facilities, a Mechanical Contractor, an Electrical Contractor, a General Contractor, one Educator, and the BOE Facilities Manager. An additional citizen at large position was added to bring the total on the committee to 9. The Nortyh High Stadium and the Maugansville Elementary School will be the first plans the committee will review. Commissioners will consider specific committee nominations at the August 9 th meeting. The measure was approved by unanimous vote.

DISPOSITION OF PROPERTY: OLD DARGAN SCHOOL BUILDING

County Attorney Richard Douglas brought this matter before the Board for review. The old Dargan School building was owned by the County and was been used for a variety of community activities over many years. In the mid-90's it was conveyed to the Antietam-Dargan Ruritan, then to the Dargan Mennonite Church, whose successor is the New Life Fellowship, Inc., which makes this request. New Life Fellowship Church holds the property under a deed subject to the County's right of reverter, which provides in part that “the said property shall revert to the Board if the property is not used for the public community, civic or recreational purposes of the residents of the Village of Dargan and the vicinity, approximately two days each month. Church Pastors Chester Martin and Darrell Strite said the Church has indicated an interest in investing in needed repairs and improvements to the church building, but it is loath to do so in view of such a wide-open contingency that could cause the loss of the building at any time. The existence of the reverter clause also makes it more difficult for the Church to obtain appropriate mortgage financing. The Church pledges to continue to keep the building open to community events, although the only public uses over the last two years consist of a wedding shower and two birthday parties. The Church has never refused a request for public use of the facility. A Health Department plan to use the building for a couple of days each month as an outreach center never came to fruition, and that Department has no interest in using the building. An outright transfer of the building to the Church would be the cleanest method of accomplishing this end, Dopuglas said, and the Church would be able to feel secure in improving the property. A motion to enter into a short Public Use Agreement and release of the reverter clause was approved by unanimous vote.

THE COMMISSIONERS ATTENDED THE NEW EDUCATORS RECEPTION AT HAGERSTOWN COMMUNITY COLLEGE SURING THE MID-DAY HOURS.

REZONING: JAMES REMSBURG, SR.

County Attorney Richard Douglas brought this rezoning request before the Board on July 26th. The applicants, James Remsburg, Sr. et al requested that the property, consisting of .59 acres located on the east side of Pennsylvania Avenue, opposite Showalter Road be rezoned from A-Agricultural to BL – Business Local. The Board reached consensus to support the application at that time. The matter was on the agenda for final decision in the form of findings of fact and articulation of reasons for the decision as prepared by the County Attorney's Office for review and approval by the Commissioners. A motion to support the rezoning request and accept the findings of fact and list of reasons for the rezoning as presented at last week's meeting was approved by unanimous vote.

ENGINEERING DEPARTMENT REVIEW FEES

Public Works Director Gary Rohrer and Chief County Engineer Terry McGee brought Engineering Department Review Fees before the Board for discussion and approval. The Engineering Department first began charging review fees for private development work in August 2001. In September 2003, the Board of County Commissioners approved an increase in these fees in order to recover a larger share of the departmental costs associated with private development. The revised fees are a continuation of the effort to have private development pay for all costs incurred by the Engineering Department for the review, approval, inspection and administration of private development projects. Although $275,000 was the target revenue budget for FY 2005, County records indicate only $194,291 was actually generated from the Engineering Department review fees. No single issue could be identified to account for the shortfall, instead it would appear to be a combination of issues. The 2003 fees were based upon the actual workload for FY 2003, with the assumption that subsequent years would be similar. As expected, the number of projects, types of projects and size of projects did change, in a way that was detrimental to revenue since as all of these features affect the fee amounts. It was also determined that significant time was being spent on several items not subject to a fee such as floodplain, Board of Zoning Appeals items and rezonings. The Department underestimated the time spent, and correspondingly the fee charged, on some of the smaller projects, regardless of type, that are subject to the base fee. The Engineering Department’s FY 2006 Operating Budget was prepared with an anticipated revenue budget from the review fees of $350,000. This represents 77% of the $452,609 of the department’s Operating Budget attributed to private development. The new position approved for FY 06 a Storm Water Management (SWM) Technician is included in the cost derivation. In order to meet the $350,000 revenue budget, a summary of the fee changes includes: Preliminary Plat, Preliminary Site Plan, Site Plan and Subdivision Plat all would see both the base rate of $110 go up to $150 and the per lot or per acre unit price go up about 40% each. The Preliminary Site Plan and Site Plan would see the minimum rate increase from $400 to $600. A Simplified Plat would see the flat rate of $100 go up to $150. Traffic Impact Studies would have the unit rate of $225 per intersection go up to $300. Grading Plans would see the base rate of $110 go up to $150, and the $25 per acre unit price increase to $75. SWM Exemptions saw the flat rate of $75 go up to $150. More so than the 40% concept, this increase is a result of our reevaluation of staff time used on these. Each of these require a field visit and the significant number that are rejected takes a tremendous amount of time that is not recovered in any other fee. Simplified SWM Plans would see the flat rate of $125 go up to $200. Floodplain Permits and Inquiries are new to the fee structure. Floodplain Inquires reflect the screening of all Building Permits for activities located on properties identified by the County’s GIS as having floodplain located somewhere on the property. Currently, a Floodplain Permit is $35. For those considered as inquiries, the corresponding Building Permit fee should be increased by $150 or $300 for those without and with a Hydrologic & Hydraulic study, respectively. Rezonings and Board of Zoning Appeals actions are also new to the fee structure. Most BZA cases involve fieldwork of some sort. The Department established these fees to be $150 each and should be added onto the fees already established by Planning and P & I for these items. Currently, fees for a rezoning are $200 and the BZA cases are variable depending upon the type and range from $75.00 - $175.00. Minor Site Plans are also new, and are defined as the site plans that typically involve a change in use or some other situation were the normal plan is not required. The Department has established these fees to be $150 each with the fee being due directly to Engineering. Date for adoption of the fee increases was set for August 15 th and the measure was approved by unanimous vote.

ADDITIONAL PAVEMENT MAINTENANCE PROJECTS

Public Works Director Rohrer and Chief Engineer McGee brought a proposal for Additional Pavement Maintenance Projects to the Board for approval. During the award of the current paving contract, additional availability of $650,000 from departmental savings was discussed. The Commissioners requested Public Works to develop a list of additional roads in order of priority. 12 additional projects would include Rench Road, Snook Park roads, Leitersburg/Smithsburg Road, Underpass Way, Railway Lane, Entrance Loops from Halfway Boulevard to Underpass way, two Robinwood Drive projects, Yale Driver, Wise Road and Air Park Drive. The Rench Road and Snook Park projects deal with increased quantities. There have been discussions about the prudence in proceeding with patchwork on Rench Road in light of potential development. The amount of degradation that occurred in the one-year delay has amounted to $63,000. $650,480.48 is available for the projects. McGee told the Board that the list includes the most cost effective repairs based on recommendations from Highways Department Section Supervisors and Engineering Department inspections. A motion to support the list as submitted was approved by unanimous vote.

EMERGENCY FOOD ASSISTANCE AGREEMENT

County Attorney John Martirano and Food Resources Director Ruth Ann Callaham brought this request, for renewal of the Agreement for Distribution of Commodities and Funds for the Emergency Food Assistance Program between Maryland State Department of Human Resources and Washington County, before the Board for approval. The U. S. Department of Agriculture requires the execution of a new agreement with sponsors distributing commodities under The Emergency Food Assistance Program (TEFAP) at least every 3 years. The current agreement expires on September 30, 2005. Previously, Food Resources, Inc. has been designated as the Emergency Feeding Organization (EFO) under the TEFAP Agreement. A separate agreement between Washington County and the EFO is required by DHR. The measure was approved and Food Resources will continue in the role of distribution agent.

FINANCIAL REPORTING AND AUDITING OF VOLUNTEER FIRE AND RESCUE COMPANIES

Director of the Division of Fire and Emergency Services Joe Kroboth requested approval of a policy requiring financial reporting and auditing of the Volunteer Fire and Rescue Companies in Washington County. The Code of the Local Public Laws for Washington County grants authority to the Board of County Commissioners to establish standards and policies relating to fire, ambulance and rescue services. The BOCC distributes a significant amount of public funds to individual fire and rescue companies for these services each year. The policy is proposed to monitor proper and appropriate use of public funds raised by and distributed to Washington County’s Fire and Rescue Companies. This policy would aid in safeguarding the public’s trust for private donations and public funds distributed. The policy was distributed to the Washington County Volunteer Fire and Rescue Association on April 21st, 2 for a 60-day comment period. All companies received policies of the proposal for review. To date, there have been no comments received, Kroboth said. To make informed decisions regarding allocation of funds for public safety services, the Board needs financial information at least annually. Public funds are distributed to volunteer fire, rescue and ambulance companies in Washington County for the purpose of supporting fire protection and life safety initiatives and to ensure the provision of public safety services to the citizens. Furthermore, citizens contribute to these companies with the expectation that their donations are being used for the direct provision of emergency services, Kroboth said. The procedure would be established to ensure confidence in the use of those financial resources, requiring reporting and auditing the financial activity of volunteer fire, rescue and ambulance companies. The policy would authorize the Board to pay the cost of auditing any company at the Board's discretion. An audit could range from $3,000 to $30,000, based on the financial activity of the company and the quality of the record keeping process . Annual reporting documents would be required within three months of the close of each fiscal year. Funding could be withheld for non-compliance. The Emergency Services Council reached consensus to support the policy. Commissioner Bill Wivell amended a motion by Commissioner Munson to support the policy, with an amendment to allow audits to be conducted "by the County or a contractor retained by the County," which was approved by unanimous vote.