Note: This is a SUMMARY of the Commissioners Meeting for the purposes of a Press Release. These are not the official minutes of the meeting.
INTRODUCTION OF NEW EMPLOYEES
Human Resources Administrator Dee Hawbaker brought 5 new employees before the Board for introductions. Harold L. Renner is the IT Services Specialist I in the Information Technologies Department. Christopher J. McCormack is the most recently hired Assistant State’s Attorney II. Durell W. Baker, Jr. was recently employed as an Equipment Operator I at the Highways Department. Norman D. Hann, Jr. is the new Emergency Communications Specialist in the Department of Fire and Rescue and Emergency Management. Lisa J. Johnson has been employed as an Accounts Payable Technician by the Department of Budget & Finance
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner John Munson proposed adoption of a resolution that would spell out the County's position on Eminent Domain property seizures. Munson said the Legal Department worked on the resolution, which would affirm federal and state positions that property can only be taken by Eminent Domain for public use or public necessity. The proposal will be placed on next week's agenda, in order that the public can be aware that a discussion on the subject is to take place.
Commissioner Dori Nipps reported on last week's Maryland Association of Counties (MACo) meetings. Under discussion were a number of statewide issues of interest to the County including growth management, water and sewer issues, and capacity analysis for schools. 12 members of the current "Leadership Maryland" class attended MACo, Nipps reported.
Commissioner Bill Wivell commented on attending a Gang Awareness seminar sponsored by the City of Hagerstown Department of Police last week. The Economic Development Commission meetings last week discussed Project Worm Burner, to introduce prospective Economic Development clients to the community, to be held on September 30 th. Permits and Inspections and the Planning Department made presentations to EDC, Wivell said. The Hancock Enterprise Zone will expire in December, and the renewal application for that area is in process. A discussion of an Agriculture Specialist, to promote county agriculture as a tourism attraction, will take place soon, Wivell reported. The Water Quality Advisory Commission discussed the Cascade Water System at a recent meeting. The Agriculture Land Preservation Board is continuing its review of equity programs to benefit farmers affected by downzoning and to prepare for coming rezoning of urban areas, Wivell said. Planning Director Mike Thompson reported that Henrietta Livelsberger of Citizens for the Protection of Washington County has volunteered to assist in the equity process by conducting a survey of properties that would be affected across Washington County. Livelsberger has already done such a survey in the southern portion of the County. Consensus was reached to ask Mrs. Livelsberger to continue that project. PenMar Development Corporation's Board of Directors heard the COPT corporation make a presentation including the suggestion that a community center be built at Fort Ritchie. Wivell reported that the $3.3 million project would be funded with PMDC's assistance.
Commissioner Jim Kercheval reported on The Economic Development Commission meeting, which accepted a new proposal for fast-tracking business into the County . Presentations were also made by Planning Director Mike Thompson and Permits and Inspections Director Dan Divito. Kercheval said the most meaningful meetings at the MACo summer conference were one-on-one discussions with Maryland Department of the Environment Secretary Kendl Philbrick on sewer allocation and growth issues, and with Maryland Planning Secretary Audrey Scott on growth issues.
Commissioners' President Greg Snook requested information on finalized plans to collect the "flush fee" for septic users. Budget and Finance Director Debra Murray said that initial letters of notification went out several months ago. Snook requested follow-up letters be sent, as the time for collection approaches. A letter to the Board from the Tri-County Council (TCC) indicates the County would be eligible for 30% of funding required to build out office space for Commission on Aging staff in the Aspire to Serve Building. The total allocation could be as high as $136,000.00, as the price tag on that renovation is $456,000. About $70,000 would be available now, Snook said, and the Commission on Aging will be able to move ahead with its relocation. An additional $40,000 for internet connectivity will be available in FY 2006 from the Appalachian Regional Commission, Snook said. The Commissioners' President will serve as Chair of the program committee for the MACo wsinter and summer meetings.
DISCUSSION: PROPOSED ADEQUATE PUBLIC FACILITIES ORDINANCE AMENDMENTS
Planning Director Mike Thompson brought this discussion, of proposed amendments to the Adequate Public Facilities Ordinance (APFO) Article V, Schools before the Commissioners. Following the last meeting on the proposed APFO changes in July, staff met with Commissioner Kercheval to discuss several concerns, and as a result, some of the language has been revised. Prior to finalizing the documents for a vote, staff felt it appropriate to bring the amendment back to the Board for a discussion. Discussion took place on the recommendation to increase the state rated capacity ratio to 90%. Thompson cited a change by the State Board of education that reduced the ideal number of students per classroom from 25 to 23 after the original County figure was estimated. The goal requested in Washington County is 21 pupils per class, and that would equate to 90% of the revised state pupil to teacher ratio. A third change would be to Section 5.5 (f) that states if a project is found to be inadequate, the project is to be denied. An additional phrase has been added to this item; “except as provided in Section 9.3A.” That section provides that even if a school is determined to be inadequate, the Board of County Commissioners can allow the development to proceed under certain circumstances. Those circumstances would include: development within designated revitalization areas, renovation of abandoned or under-utilized structures, affordable or workforce housing projects, minor subdivisions, or projects having preliminary plat approval prior to July 1, 2005, filling short-falls in the capital improvement program budget, and addressing areas of the housing supply. These changes would address concerns outlined by staff in regards to the transition policy. A motion, to take the proposals to public hearing, with the understanding that some Board members have concerns and want public input before finalizing the amendments. That measure was approved on a 3-2 vote with Commissioners Wivell and Munson voting "no".
ZONING ORDINANCE TRANSITION POLICY
On April 27, 2004, the Board adopted a transition policy to take effect with the new amendments to the Zoning Ordinance. The policy was included in the minutes of the meeting in somewhat general terms. That policy allowed subdivision plats and site plans to be filed under the previous version of the Zoning Ordinance for a period of 90 days after the effective date of the new amendments. Now that the amendments to the Zoning Ordinance have become effective, it has been found that a more formal and detailed policy would be preferable to the general policy set forth in the minutes. The policy formalizes that which was previously adopted and spells out additional provisions and limitations. The Policy applies only to subdivision plats and site plans, not to building permits or other planning or zoning matters, including preliminary consultations. Unlike the proposal presented on August 9, it excludes matters of density, meaning that the densities in the new amendments to the Zoning Ordinance will apply. Any use or variance permitted by the Policy would be considered a nonconforming use and could not be altered or expanded except with the permission of the Board of Appeals. Any application must be in acceptable form and must be acted upon within a reasonable time, as determined by the Planning Director. A measure to adopt the Policy as outlined was approved on a 3-2 vote with Commissioners Munson and Wivell voting "no".
Resolution: Adopt the National Incident Management System (NIMS) in Washington County, Maryland
Deputy Director of Public Works Joe Kroboth brought this issue before the Board. The President of the United States, in Homeland Security Presidential Directive 5, directed the Secretary of that Department to develop and administer a National Incident Management System (NIMS) to provide a consistent nationwide approach to federal, state and local governments to work together more efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. Likewise, Governor Ehrlich has also adopted NIMS by Executive Order. The Presidential Directive requires formal adoption of NIMS to ensure continued federal funding assistance to the local government. After adoption the Division will facilitate an aggressive implementation program that includes training of all personnel who might be involved in the response to a disaster event in the principals of the incident command system. Emergency Services has been working with state and local officials to coordinate the implementation process. A Division and Department level coordination/information meeting has been scheduled for August 25, 2005 to begin the training process. A resolution pledging County compliance was approved by unanimous vote.
PUBLIC HEARING: MODIFICATION TO HEALTH DEPARTMENT FEES
The Board of County Commissioners, sitting as the Board of Health, heard County Health Officer Bill Christoffel and Environmental Health Officer Ted Gordon present proposed modification of that Department's Environmental Health Fees. Those fee increases and some new fees are necessary to cover the Health Department's cost of service delivery and ensure budget neutrality, Christoffel said. The fees would impact food permit costs for non-profit organizations as well as some lab fees, plan reviews, water quality sampling, sewer and septic permits, and complaint investigations. Burn permits, water and septic fees for Daycare centers and Rabies vaccination costs would not rise under the plan. Discussion took place over the complaint investigation fee proposed. The initial complaint investigation would cost the complainant $100.00. If a second enforcement inspection were necessary, the investigation would cost $1,000.00. A sliding scale was recommended for that fee, based on severity of the complaint. Commissioner Dori Nipps stated opposition to imposing food preparation fees ons non-profit organizations. Fees could go from the current zero cost to $25 for single-event permits and from zero to $150.00 for non-profit agencies that serve meals on a regular basis. Nipps objected to those fees, citing the Commission on Aging as an example. COA has multiple nutrition sites around the county that serve meals to elderly persons. In the Public Hearing, no one spoke either in favor of, or against the proposals. Commissioners' President Snook requested re-study of the fee proposals and a follow-up public hearing in three weeks' time.
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.
No one appeared to comment on this date.
OTHER BUSINESS
County Administrator's Comments: County Administrator Rod Shoop requested approval of a Budget Transfer from the Board of Education, for $131,632 from various FY'05 budget categories to BOE Maintenance Projects. The funds would be used to renovate the welding shop at Technical High School to allow the move of the schools' Printing Department from its Commonwealth Avenue location. The Commissioners requested further details from the Board of Education, and approved the measure on a 4-1 vote with Commissioner Wivell voting "no".
Shoop requested a budget transfer of $49,000 from the Department of Water Quality for replacement of the Vacuum Truck that was destroyed in an accident last spring. The funds would come from Water Quality's reserves and would supplement insurance payments to purchase a new vehicle. The measure was approved by unanimous vote.
STAFF COMMENTS:
Public Works Director Gary Rohrer told the Board that the cost to rehabilitate the Tollgate Road Bridge to historic requirements would be about $492,000.00. That bridge was damaged in a storm in 2004, and all 4 wingwalls will have to be replaced. The work could be completed by April of 2006. Rohrer told the Board that funds exist within several Engineering Department line item budgets to support the project. A motion to accept the change order was approved by unanimous vote.
Community Partnership Director Stephanie Stone reminded the Commissioners that Governor Robert Ehrlich will present a check to the Local Management Board/WCCP for FY 2006 funding, on Thursday, August 25 th at 11:30 at the university Plaza Park in Downtown Hagerstown.
Human Resources Director Dave Hankinson requested approval to advertise a Project Coordinator position in the Engineering Department. The measure was approved by unanimous vote.
FY 2005 CITIZENS CORPS GRANT PROGRAM
Emergency Services Department Director Kroboth brought this request, to authorize the Division of Emergency Services to accept the grant award totaling $10,000 to support the Citizen’s Emergency Response Training through the County. The Citizen’s Corps Grant Program is provided to support the Citizen Corps Council with all-hazard planning, public education and communication, training, exercises, equipment and management of other initiatives to prepare for disaster response. The Citizen Corps is a sub-committee of the Local Emergency Planning Committee (LEPC). Washington County’s funds are planned for supporting the Citizen Emergency Response Training Program, the Citizen’s Emergency Preparedness Day activities and a new outreach initiative to support local businesses with emergency preparedness and response training for employees. The measure was approved by unanimous vote.
MIEMSS REGION II BIO-TERRORISM GRANT ACCEPTANCE
DES Director Kroboth also brought this request, to authorize the Department to accept a grant award totaling $55,784 to purchase mass casualty equipment and supplies, to the Board for approval.Washington and Frederick Counties comprise the Maryland Institute for Emergency Medical Services (MIEMSS) Region II. The two counties, acting for the region, prepared and submitted a joint application to the MIEMSS for equipment and supplies to support the response to a mass casualty/terrorism incident. A mass casualty event is defined as one where numerous patients are injured and require triaging to rapidly determine patient priority for treatment and transport to a medical facility. On July 7, 2005, MIEMSS notified the Department of Emergency Services of the award. No local funds are necessary for this project. The grant award provides for the purchase of medical supplies and equipment to support the response to a mass casualty event. The State required one agency to serve as the lead for the region. Washington County was chosen to serve as the lead. Therefore, all of Frederick County’s funds would pass through Washington County and all applicable reporting woulds be provided by Frederick County. The measure was approved by unanimous vote.
COMMISSIONERS' GOALS UPDATE
Deputy Public Works Director Joe Kroboth told the Board that in the update presented by staff on August 9 th, Commissioners' Goal #6 was not discussed. Kroboth told the Board that progress has been made on the Emergency Medical Services Master Plan. That plan is to be completed this month, Kroboth said, and a timeline for public informational meetings, evaluation of recommendations, preparation of related policies and final presentation to the Board was laid out. Kroboth said that a recommendation in the plan is that all fire stations agree to participate in the Medic-Assist program, in which firefighters supply emergency medical assistance if first on the scene. An objective is to have the Communications Center earn an accreditation of Excellence in Emergency Dispatch. An agreement was formulated with the Emergency Services Medical Director, Dr. Robert Flint on July 25 th, Kroboth said. A Quality Assurance and Quality Improvement Plan has been implemented, with EMS companies complying by August 1 st, Kroboth reported.
SOLE SOURCE PROCUREMENT: MASS CASUALTY TRAILERS AND MEDICAL EQUIPMENT
County Purchasing Agent Karen Luther and DES Director Kroboth brought this request, to award a sole source procurement of 2 mass casualty trailers and equipment from Southeastern Emergency Equipment, of Wake Forest, North Carolina for a total amount of $93,272.60, before the Board. The Code of Public Local Laws of Washington County, states that the sole source procurement is authorized and permissible when the compatibility of equipment, accessories, or replacement parts is the paramount consideration. On April 27th, 2005 the Maryland Institute for Emergency Medical Services awarded a special bio-terrorism grant to Washington and Frederick Counties for the purpose of enhancing regional response to a mass casualty incident involving 10 or more patients. The grant was accepted by the BOCC on May 17th. The grant provides for the purchase of two fully equipped trailers with sufficient medical supplies necessary to treat 25 critically injured patients. One trailer would be retained by Washington County and the other woulds be given to Frederick County. The sole source procurement is being requested because as a condition of the grant the equipment must be used as part of a regional response system and numerous trailers of this type are in use in Frederick County and the Washington metropolitan region. To ensure efficiency and compatibility during a major event, all trailers and medical supplies must be identical in type, quantity, physical location, and trailer shelving layout. 4 of five Commissioners must approve the sole source bid. The measure was approved by unanimous vote.
THE COMMISSIONERS HELD GROUNDBREAKING CEREMONIES FOR THE NEW SMITHSBURG BRANCH LIBRARY AT THE NOON HOUR, AT VETERANS PARK IN SMITHSBURG.
CITY OF HAGERSTOWN ANNEXATION REQUEST: FAISON PROPERTY
Planning Director Mike Thompson and City of Hagerstown Planner Stuart Bass brought this request, that the Board concur with the staff determination that the proposed annexation and zoning is consistent with the adopted Comprehensive Plan, for approval. The Faison property , a 30.293-acre tract of land along the east side of Maryland Route 60 opposite the Long Meadow Shopping Center , has been presented to the City of Hagerstown for annexation. Maryland Code sates 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 application is C-4 zoning, shopping center, which is consistent with the existing PB (Planned Business district) zoning in the County. This proper ty is designated as commercial in the 2002 adopted Comprehensive Plan. The Planned Business designation is for Shopping Centers. The proposed zoning is C-4 (Regional Shopping Center), which is consistent with the PB zoning in staff’s opinion and no further a ction is required by the Board. A new shopping center is being proposed for the site, which may include the conversion of the existing house as office space. The property is bordered on the north by commercial and residential zoning, the east by residential, the south by AT, and the west by shopping center zoning, all within the limits of the municipality. Traffic will be analyzed during the development review process. In addition, the availability and allocation of water and sewer will be determined in accordance with the City’s Sewer Capacity Allocation Program. Commissioners' President Greg Snook asked Bass to explain the process that the City uses in annexation and notification of persons in areas adjoining the annexed property. Bass said the City process requires advertisement in the local newspaper. Snook requested that the City contact the Planning Department when annexation of properties is scheduled to take place, so that adjoining or nearby property owners can be provided advance notification. The Faison annexation was supported as consistent with the County's Comprehensive Plan.
HOTEL RENTAL TAX RESOLUTION
County Attorney Richard Douglas brought this issue before the Board. The Annotated Code of Maryland authorizes the Board of County Commissioners to provide for the collection of a hotel rental tax in the County by resolution. An ordinance that was passed for this purpose has become outdated by virtue of the passage of legislation in the 2005 session of the General Assembly, changing the percentage of hotel rental taxes that may be retained by the County. The change allowed the County to retain 50% and the Convention and Visitors' Bureau to receive 50%. CVB had previously received 45% of the tax. The measure was approved by unanimous vote.
CONTRACT RENEWAL: LANDFILL INSPECTION SERVICES
County Purchasing Agent Karen Luther and Deputy Chief Engineer Rob Slocum brought this request, to renew the contract with Cumberland Geotechnical Consultants, Inc. (CGCI), of Carlisle, PA, for Landfill Inspection Services for Contract Year 3based on its letter of request dated July 7 th. Construction inspection fees would increase from $35.00 to $36.75 per hour for straight time and overtime. The Senior Construction Inspector fee would increase from $39.00 to $41.00 per hour for straight time and overtime. The services under this contract consist of providing inspection services for landfill related construction projects located throughout the County. The projects involve the construction of sanitary landfill cell floor construction, landfill capping, leacheate collection systems, leacheate storage tanks, sediment basins, leacheate collection pump station and transfer facility; landscaping, construction of scale house, electrical utility services and distribution, office building and installation of groundwater monitoring wells/probes, roads, drainage structures, and related tasks. Both full time and part time oversight may be needed. This is a requirements contract; inspectors will be utilized on an as-needed basis with no guarantee of minimum or maximum number of hours. The duration of the contract is for a period of one (1) year from the issuance of the notice-to-proceed with an option by the County to renew for up to four (4) additional one (1) year periods. The subject contract was originally awarded by the Board on August 26th, 2003 and renewed for Contract Year 2 by the County without any increase to the original hourly rates for each inspector classification. The measure was approved by unanimous vote.
BID AWARD: Hagerstown Regional Airport, Runway 9-27 Improvement Program – Package 3
County Purchasing Agent Karen Luther, Hagerstown Regional Airport Manager Carolyn Motz and URS Consultant Engineer Mahesh Kukata brought this request, to award the bid for package #3 of the runway extension project to New Enterprise Stone & Lime Co., Inc., of New Enterprise, PA for the Base Bid amount of $17,299,464.50, plus Alternate No. 1 - $105,663.90 and Alternate No. 2 - $38,590.00 for a total of $17,443,718.40, contingent on Federal Aviation Administration approval. This project is part of the Airport CIP program at a cost of approximately $61,000,000. Prior appropriations are $29,056,667 with the remaining funds coming in Fiscal Year 2007 and FY ’08. Grant funds from the FAA will be reimbursed to the County over a 10-year period. Funding for this project will be primarily from Federal Aviation Administration and Maryland Aviation Administration grants. The bid is consistent with the established budget of $18.5 million for Package 3 and no budget adjustments are necessary at this time. The measure was approved by a 4-1 vote, with Commissioner Wivell voting "no".
CERTIFICATES OF RECOGNITION: CODE COMMITTEE
Department of Permits and Inspections Director Dan Divito brought this request, to present a certificate of merit to those individuals who served on the Committee to review new codes. Certificates were presented to Engineer Dan Matonak,
Architect Norman Morin, City of Hagerstown Engineer Mike Heyser, and Tim Fields of the Home Builders Association, represented by Debi Turpin. In citing the four, Commissioner Greg Snook said that they donated significant amounts of personal time to review new codes, at least 4 hours per week for 6 months, in addition to preparation time prior to each weekly meeting. Turpin told the Board that the P&I Department and the Home Builders Association held a Seminar last week for builders and code enforcement officials to learn about the new International Residential Codes the Commissioners adopted on July 12th. Over 60 persons attended and the department conducted a training seminar on those newly adopted codes. Additional joint seminars are being set for the fall, Turpin said.
HIGHWAY PRIORITY LIST
Public Works Director Gary Rohrer brought this item before the Board.
It has been County practice, encouraged by the State Highway Administration, to formalize an annual request for highway projects and transmit them by letter to either the State Highway Administrator or the Secretary of Transportation prior to the Annual Transportation Tour, which is scheduled for Thursday, October 6th. After discussion with staff, DPW recommended that two highway improvement projects be requested. First would be the U.S. 40/Edgewood Drive Intersection Improvements, and second, the I-81 Safety Improvements Project. Discussion took place on the need to improve traffic flow along I-70 through the County. A third priority item, that the State Highway Administration include a study of widening I-70 was included . The measure, to support the Highway Priority List as presented, was approved by unanimous vote.