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.
CERTIFICATE OF MERIT: IMPLEMENTATION OF ACCELA WIRELESS
Dan DiVito, Director of Permits & Inspections and Deputy Director Angela Smith, brought 16 staff members before the Commissioners for presentation of Certificates of Merit
The employees recently assisted in implementation of the Accela Wireless technology for Permits & Inspections. Smith told the Board that this implementation resulted in receipt of national recognition as Leader of the Year in implementing Mobile Government Solutions. The award was presented at the annual Accela Conference in San Diego and recognized Washington County as the leader among 75 jurisdictions nationally. Commissioners presented certificates to Angela Smith, Rob Smith , Rich Gaver , Mark Mummert , Mike Kidwell , Ed Parker , Rich Eichelberger , Gary Austin and Steve Blickenstaff of the Permits Department . Karen Dickie, Mike Loudenslager and Doug Oliver from Information Technologies, Randy Smith, Daniel Jones and Steve Bowders from the Highway Department. Recognition was also given to Tom Evans of the Department of Water Quality and Jack Reynard of Highways for their invaluable assistance.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner John Munson discussed last week's budget adjustment that gave the Commission on Aging $320,000 to assist in moving its operation from the Alexander House to the Aspiring to Serve building on Franklin Street. New information was received, Munson said, that cast some doubt on the cost figures presented by COA last week. Munson said the decision to grant the funds to the organization should be held until actual cost of moving is known.
Commissioner Dori Nipps reported on a presentation made to the Women's Club of Hagerstown last week on changes to the community in terms of population and culture and ways the Commissioners are dealing with growth issues. Nipps commented on last week's Agland Preservation Committee meeting, and the City presentation on Cost of Services.
Commissioner Bill Wivell reported on the Agland Preservation meeting and said that Board had voted to move forward with a Transfer of Development Rights (TDR) or other equity program and would be looking into hiring a consultant to assist with program development . Wivell also discussed the City of Hagerstown's briefing on its cost of service study for water and sewer , the PenMar Development Corporation Public Hearing, and the Water-Sewer Infrastructure task force meeting. The new Fire and Rescue Association classroom at the Water and Sewer building was utilized for a two-hour training o n terrorism given by FBI and CIA representatives, Wivell said. There were approximately 100 Fire, Emergency Medical Service and Law Enforcement personnel on hand for that class. The Maryland Municipal League me e ting Monday night in Keedysville was well attended, Wivell said.
Commissioner Jim Kercheval reported on the Metropolitan Planning Organization's meeting last week, and on the Agland Preservation meeting. Berkeley County, West Virginia is one of the fastest growing counties in the nation, and the stated of West Virginia is growing at a rate twice that of Washington County. A meeting with a local developer looked at deeding some properties for age-restricted housing. Housing sold only to persons 55 or older could be exempt from portions of APFO testing for school capacity. PenMar Development Corporation held a Public Hearing to meet HUD requirements for discussion ofhousing for the homeless options in redevlopment of Fort Ritchie. Kercheval mentioned testimony presented at the hearing including an Army representative's support of the proposed redevelopment plan by COPT. That company has a contract to purchase the Fort Ritchie property. The City of Hagerstown Water and Sewer rate study meeting showed adjustments made to the originally recommended rate structure that Kercheval said were the result of dialog with County and City staff.
Commissioners President Greg Snook discussed delivering welcoming remarks to the Quad-State Legislative Conference last week. That meeting in Hagerstown focused on Public Safety, Economic Development and Tourism issues, Snook said. The Retired School Administrator's organization heard Snook speak on growth issues last week, ands welcoming remarks were presented to the terrorism seminar presented at the Water Quality building on Elliott Parkway last Saturday. The Traffic Advisory Committee discussed mass transit, signage and traffic issues at its meeting last week. A new stop light will be erected at the entrance to the Centre at Hagerstown, to be coordinated with the light on U.S. 40 outside the shopping center, to better control traffic on Garland Groh Boulevard and from nearby housing, Snook reported. Pedestrian signs that "count down" the number of seconds may be erected downtown, Snook said, to assist in traffic control and safety. Signs on highways leading into Hagerstown are being changed to reflect the sUniversity System of Maryland-Hagerstown designation. Prior signs referred to Frostburg University. Beginning October 24 th, motorists can expect delays on Washington Street, as steel spans for construction of the City of Hagerstown's new parking deck are brought into town. Trucks hauling that cargo cannot make the downtown turns, Snook said, and traffic delays may well last through the month of November. Snook asked the group to select a date for the next Adequate Public Facilities Ordinance Public Hearing. The meeting must be advertised for two weeks. The meeting was set for Wednesday, October 12 th, at 7:00 p.m. in Courtroom #1 of the Washington County Courthouse.
REPORTS FROM COUNTY STAFF
Public Works Director Gary Rohrer told the Board that despite some late problems with guardrail installation, the opening of Broadfording Road Bridge would take place at 5:30 this afternoon. Pavement Maintenance and Management projects are move ahead smoothly, Rohrer said.
Department of Fire and Emergency Services Joe Kroboth told the Board that a serious Hazardous Materials incident occurred between Midnight Sunday and 4 a.m. Monday in Hancock involving ammonia gas. Some residents of the town had to be evacuated. Kroboth said that the Accela Wireless laptop computers installed in DFES vehicles worked very well in coordination of activities by County and State agencies.
Planning Director Mike Thompson and Agland Preservation Administrator Eric Seifarth brought a request, to retain consultant Grant Dehart to conduct research on development of a Transfer of Development Rights (TDR) land equity program for Washington County. Commissioner Wivell requested that information be provided relative to other vendors of such a service. A motion, to support the request after additional details on rates are gathered, was approved by unanimous vote.
Human Resources Director Dave Hankinson requested approval to advertise a Water Quality Department Plant Operator Trainee position. The measure was approved by unanimous vote.
APPROVE MEMBERSHIP OF HOME RULE TASK FORCE
County Administrator Rod Shoop brought this discussion of nominees for the Home Rule Task Force before the Commissioners. In previous meetings, Deputy Director of Public Works Joe Kroboth has been nominated to Chair the group, and County Attorney John Martirano was named as legal representative. Monda Sagalkin, of the League of Women Voters was named previously, as were Brien Poffenberger as Chamber of Commerce representative, and Ed Zayas as the Greater Hagerstown Committee representative. In addition there would be two appointments made of citizens-at-large made by the County Commissioners and one Delegates' representative, nominated by the Local Delegation to the Maryland General Assembly. The name of former Extension Director Mary Ellen Waltemire was proposed as one of the Commissioners' appointees. . Shoop told the Board that to date no name has been put forth by the Local Delegation, and requested input from the Board on the remaining appointee. Once the Task Force is in place, it would make a report,on the feasibility of changing the form of government the County uses, to the Commissioners on December 6 th. A Day time Public Hearing would be held on January 10 th, 2006, a night time Public Hearing held on February 7 th, and on February 14th the Board would put a decision, whether or not to take the issue to public referendum, to a vote. Discussion took place on review of both Code Home Rule and Charter Home Rule forms of government. County Attorney John Martirano commented that the additional review would not significantly impact the time line need for inclusion on the November ballot. A motion to move ahead with the studies of both forms of government was approved by unanimous vote.
OVERVIEW OF ANTIETAM BATTLEFIELD ADVISORY COMMITTEE
Nancy Kefauver and Members of the Antietam Battlefield Advisory Committee brought this discussion to the Board. Kefauver presented an Overview of Antietam Battlefield Advisory Committee to acquaint the Commissioners with the Committee and its work, and to receive suggestions of needs that the Commissioners might have from the Committee. The 12-person committee meets regularly to discuss issues of importance to preservation of the Battlefield, and acts as liaison between the Commissioners and the U.S. Parks Service on matters regarding the national park. Kefauver told the Board that the committee was formed in 1993. Discussion took place regarding the work that Current Battlefield Superintendent John Howard has done in creating new educational programs. The Commissioners learned that land that the Robert E. Lee statue rests on has been purchased by the Parks service.
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.
Faye Cohen of Cascade discussed the recent PenMar Board meeting, plus water and preservation issues at Fort Ritchie.
John Himes of the Sandy Hook area discussed water and sewer issues and Ag land preservation.
PUBLIC HEARING: 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 modifications of that Department's Environmental Health Fees on August 23rd. 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. Commissioners' President Greg Snook requested further study of the rates and a second Public Hearing scheduled. Christoffel told the Board that modifications to the original fee structure included a $25 across the board fee for non-profit organizations that sell food. Non-profits such as REACH, or the Commission on Aging, which sell but do not dispense food, would not be charged Christoffel said. Late fees would be at a uniform $25.00. Failure to comply with inspection would be reduced to a $500.00 fine. Christoffel told the Commissioners that Environmental Health (EH) is understaffed, that there are some 1,100 business in Washington County regularly inspected by EH, and there are 10 nursing positions vacant due to lack of funding. The Health Officer said that the goal of the revised fee structure is 70% self-sufficiency for EH, and that the proposed fees will bring the department up to 65% of self-sufficiency. One of the primary reasons for funding difficulties is a 3.5% state-mandated Cost of Living adjustment. The state did not provide funding for those salary adjustments, Christoffel said. In the Public Hearing, no one appeared to either support or oppose the request. A weritten statement from the HomeBuilders Association of Washihngton County opposed the fee increases. A motion to accept the fee changes as amended was approved by a 3-2 vote with Commissioners Wivell and Munson voting no.
MARYLAND ASSOCIATION OF COUNTIES (MACo) REPRESENTATIVES TOUR
Maryland Association of Counties (MACo) Executive Director David S. Bliden and MACo President Nelson Bolender met with the Board to discuss issues of mutual importance. MACo representatives tour Maryland each year, to talk with employees, administrators and elected officials. Bolender, President of the Cecil County Board of County Commissioners said that growth issues abound in Western Maryland, and that even Garrett County is experiencing growing pains. Bliden discussed a list of items MACo will highlight in the next legislative session. Washington County has been a leader in taking the cost of public education to MACo and the cost of schools will be high on the legislative agenda. Bliden commended Public Works Director Gary Rohrer for taking the case for restoration of Highway User Funds, cut by the state two years ago, to the organization. As a result, funding has been restored, but not the $204 million total that was cut statewide, Bliden said. In the last legislative session MACo also opposed bills calling for state-mandated recycling of computers and monitors, a costly program with no funding for its support. MACo also lobbied against bills designed to make disciplining government employees more difficult. Bliden told the Board that MACo is already seeing the effects of the two hurricanes on construction costs in Maryland. The first post-Katrina contract for school construction in the state increased from an original estimate of $19 million to $25 million. MACo is prepared to ask the state for increases in new school construction funding this year. Bliden asked the Board to support a letter to Governor Bob Ehrlich in support of the organization's position on listed issues.
PUBLIC HEARING; AG PRESERVATION INSTALLMENT PAYMENT EASEMENT PROGRAM
Planning Director Mike Thompson and Agland Preservation Administrator Eric Seifarth brought this request to Public Hearing, that the Board of County Commissioners adopt the Installment Payment Program Ordinance while deciding whether to make the IPP easements permanent or to allow the 25-year clause. Earlier this year, the Commissioners directed the Agricultural Preservation Advisory Board to implement an IPP for the protection of agricultural land. 10% of the easement value would be paid at settlement with annual payments equal to 10% of the easement value being paid over a 9-year period. Interest payments in the amount of 3% of the remaining balances would be paid each year. The Ag Advisory Board approved the IPP program with the condition that while the easements are designed to be in perpetuity, an option would be available after 25 years for the landowner to buy back the development rights if profitable farming is no longer possible and the County approves the buyback. However, it should be noted that all state programs have eliminated the 25-year buyback clause and easements are now permanent with emphasis on clustering easements through priority rankings to prevent agricultural “islands.” Fiscal impact would be $5,260,948. That figure includes a base easement cost of $4,626,776 as well as 3% interest per year for 9 years, for an interest cost of $614,172 and estimated title work/settlement costs of $20,000. Funding of $4.8 million would come from the local real estate transfer tax, which has a current balance of $1.2 million, plus $400,000 annually from the local real estate transfer tax
per year for 9 years =for a total of $3.6 million. The remaining $460,948 would come from the agriculture transfer taxes, either local or stat, which has a current balance of $2.9 million. Discussion took place on the 25-year buyback proposal and what it would mean to the program. In the Public Hearing, Agricultural Land Preservation Advisory Board Chair David Herbst said that Board is unanimously in favor of supporting the proposal. No one commented against the proposal. The Commissioners reached consensus on support for the plan, but requested wording be included in the Ordinance clarifying the 25-year buyback. The measure will be brought before the Board again in two weeks for further discussion.
REZONING CASE RZ-05-007: HEIDI MACKLEY
County Attorney Richard Douglas brought this rezoning case before the Board. The applicant, Heidi Mackley, Trustee has requested that the property subject property consisting of 1.31 acres located on the southeast corner of the intersection of MD Route 40 and Mt. Aetna Road be rezoned from RU – Residential Urban to BG – Business General. The matter is on the agenda for discussion by the Commissioners on the issue of whether to grant or deny the rezoning requested. The Planning Commission recommended denial of the rezoning based upon its determination that this request is not logical or appropriate and is not consistent with the Comprehensive Plan. Staff had been directed to investigate other business zoning categories that could work on the site and allow less intensity of use. The Business Local (BL) designation would provide proper zoning for such development as medical offices, and the applicant agreed with the zoning category. Adequate buffering would be provided. The rezoning was approved by unanimous vote, with clarification and presentation of finding of facts to be supplied at next week's meeting.
LEGISLATIVE PROPOSALS FOR 2006 SESSION
County Attorney Richard Douglas brought this request, to review legislative requests to submit to the Delegation for the 2006 session, before the Commissioners. Ideas for legislation were proposed by various Commissioners and County staff, and 7 proposals were formed. Then Board discussed a partial list of the proposals. Changes to the Excise Tax law requested would allow the Commissioners to grant individual exemptions from the tax, report receipts to the Delegation in some manner other than by school district, and eliminate "income" from the definition of workforce housing. A Jobs Creation Tax Credit Ordinance amendment would allow credits to be granted for certain contractual employees. The enabling statute now permits credits only for permanent full-time jobs. Regarding Civil Citations, a number of the items concern the use of civil citations in connection with weeds and junk control, violations of the Electrical Code, and enforcement of laws regarding nuisances by the Health Department. This is the same legal mechanism that was authorized last year for the Animal Control Ordinance and has also been authorized in connection with violations of the Zoning Ordinance. It is more efficient as it allows for charges to be filed on a uniform citation similar to a speeding ticket, which is later filed in the District Court to be heard along with other cases involving municipal infractions. Regarding the appointments of Fire Police, to allow the Sheriff to appoint more than three members of fire companies as deputy sheriffs, also known as fire police. A Probationary period for deputies amendment would remove the one-year period of probation for new deputies from the Washington County statute and allow the Sheriff to set the appropriate period of time. An amendment dealing with County Attorneys would update the Code of Public Local Laws, providing that the County Commissioners may hire more than one County attorney, as the current statute allows only one. Finally, an amendment would provide Exemption from the motor fuel tax for Washington County government. Present exemptions from the state motor fuel tax include agricultural use, aircraft, volunteer fire and rescue apparatus, municipal transportation system buses, the federal government, and nonprofit organizations, among others, but do not include the state or County government. This would be statewide legislation. The Excise Tax and Jobs creation Tax Credit Ordinance were discussed, with the remainder of the list to be discussed next week.
BIOTECHNOLOGY LABS AT HAGERSTOWN COMMUNITY COLLEGE
Hagerstown Community College (HCC) President Guy Altieri and Chris Marschner, Director, Technical Innovation Center (TIC) brought this request before the Board. Altieri cited a need to build a Biotechnology Lab in HCC’s Technical Innovation Center for economic development purposes, and said that before the college can apply for State funding, a feasibility study must be conducted. The Maryland Technology Development Corporation (TEDCO) has expressed interest in co-sponsoring the study and would match up to $25,000 on a dollar for dollar basis. Altieri requested that the Commissioners authorize up to $16,000 to cover 50% of the costs to fund a feasibility study for a biotech lab. Recent studies in both Frederick and Montgomery Counties have shown unmet need for so-called "wet labs" in those areas. The labs would be part pf the Technical Innovation Center's Business Incubator and would help in development of early-stage biotech and life science companies in the County. Senator Don Munson is working with the College to secure State funding for such a facility, Altieri said. The plan could either involve renovation of the TIC, or new construction and could cost from $500,000 to $1.5 million, depending on the option chosen. Discussion took place on the need for a feasibility study versus applying the $36,000 to construction costs. Altieri and Marschner told the Board that the study is a requirement for the state funding. A motion, to grant the $16,000.00 from the Commissioners' Contingency Fund was approved by unanimous vote.
OTHER BUSINESS
Appointments to Boards and Commissions: County Clerk Joni Bittner brought a request from the Airport Advisory Commission, that Wayne Alter be appointed to a three-year term on that advisory board. A request was also made for second terms for Gordon Crabb and Spence Perry on that Board. The appointments and reappointments were approved by unanimous vote.
Bittner told the Board that the Mental Health Authority requested appointment of Melissa Kline as an at-large representative. The measure was approved by unanimous vote.
County Administrator's Comments: County Administrator Rod Shoop requested a budget transfer of the value of an easement for the Newgate Pumping Station be added to the project budget in the amount of $31,070.00. The measure was approved by unanimous vote.
THE BOARD TOURED HAGERSTOWN KITCHENS ON LONGMEADOW ROAD IN HAGERSTOWN DURING THE AFTERNOON.
BROADFORDING ROAD BRIDGE REOPENING
The Board cut a ribbon formally reopening Broadfording Road Bridge over the Conococheague Creek to through traffic at 5:30 p.m. One of a number of historic stone arch bridges spanning creeks and streams in Washington County, the bridge, built in 1829, was closed in 2003 for rehabilitation. While under rehabilitation, severe weather and flooding caused additional damage, delaying completion. The bridge was open from January until June of this year, but was re-closed so that final repairs could take place. Work performed during the project included the forming and pouring of concrete collars, repointing of spandrel walls, reconstruction of piers, reconstruction of parapet caps and portions of the parapet walls, repointing of the arches and repointing of other portions of the structure. A new asphalt surface was applied, along with installation of new traffic barrier. The Broadfording Bridge had been closed for nearly two years, because of flooding damage from Hurricane Isabel and other weather events.