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.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Dori Nipps reported on Leadership Maryland’s tour of Patuxent Naval Air Station last week. Horizon Goodwill, Inc. celebrated 50 years of service to people with disabilities and disadvantages in the community last Friday, Nipps said. The Commissioner commented on Governor Robert Ehrlich's Presentations to the FedEx Ground distribution facility ribbon cutting ceremony, the Boonsboro Trolley Station program and the dedication of 688 acres of farmland into permanent preservation by St. James School on Monday. Nipps commended Boonsboro on the small town atmosphere of its presentation.
Commissioner John Munson commented on attending the Hospital public information meeting last week, and said that event was informative. The Commissioner also attended Monday’s FedEx Ground ribbon cutting. The Board has 19 days in which to make modification to the Homestead Exemption if it chooses to do so, Munson said. The Commissioner also raised a question on the Excise Tax exemption for workforce housing and asked if the exemption should be brought before the Board or administered through the County Administrator’s Office. County Attorney John Martirano said that the current version of the Excise Tax Ordinance allows the County Administrator to make decisions of that nature, to reduce workload on the Commissioners.
Commissioner Bill Wivell commented on the Department of Social Services Board meeting Monday evening. That agency’s 2007 budget was discussed, and issues included a grant for the Child Advocacy Center, the need for additional Adult Foster Care program funds, and rent increases expected for the Family Support Center. DSS has not applied to be the local resettlement agency for Makhesian Turkish refugees because of provisions in a proposed contract, Wivell reported.
Commissioner Jim Kercheval commended the Maryland You Are Beautiful Committee for the event held last week. The Mental Health Advisory Board met with Delegate Richard Weldon last week. The prime issue of discussion was the lack of crisis beds for mental health intervention in the County. The Fee for Service expenditure process initiated by the State several years ago created sime unintended negative consequences in caring for patients with Mental Illness, and action is needed at the state level, Kercheval said. The Metropolitan Planning Organization went through a federal audit last week. Kercheval thanked Jill Baker and Mike Thompson for their efforts in that endeavor. The Commissioner also gave a presentation on the Adequate Public Facilities Ordinance to the Local Management Board at its meeting last week. Governor Ehrlich has initiated a program that allows text messages of “Amber Alerts” to be sent directly to all state employees’ cell phones. Kercheval asked if the same process could be used in County Government. The Planning Commission held a joint workshop with the City of Hagerstown Planning Commission to discuss city land use issues. The two groups, which had not met in joint session for 10 years, will now meet on a quarterly basis, Kercheval said. An article in “County News” magazine described lighted bus stops powered by solar energy, fully funded by federal energy grants. The article has been forwarded to the Transportation Department for review. The County-City 2+2 Committee met and discussed issues related to the Hospital move, the Adequate Public Facilities Ordinance and sewerage flow transfer. Commissioner Kercheval commented on the passing of local community leader Ruth Monroe citing her selfless acts toward betterment of the quality of life in Hagerstown.
Commissioners’ President Greg Snook also praised the late Ruth Monroe for her service to the community. All of the Commissioners attended the FedEx Ground ceremony on Monday, Snook said, and management of the facility had positive comments on the manner in which the County worked to assist with the company's location and facility construction. A letter from the Maryland Association of Counties (MACo) requested nominations to serve on the Legislative committee. Snook will chair that committee, and an additional nominee from the County is needed. The Maryland Department of the Environment has approved a water/sewer plan amendment for the area outside the Town of Boonsboro. That project can now proceed, pending an annexation vote. The Public Works Review Committee accepted 3.3 miles of roadways into the County system at its meeting last week, Snook reported. The Airport Advisory Commission heard Hagerstown Regional Airport consultant URS say that Phase I of the Runway Improvement Project is ahead of schedule. New Air Service will go into effect on December 5th, providing 3 departures and arrivals each day, Snook said.
REPORTS FROM COUNTY STAFF
Budget and Finance Director Debra Murray told the Board that some 15,215 bills are set to be mailed out for the State of Maryland Bay Restoration Fund fee on homeowners using septic tanks. The state has required Counties to collect that fee. Letters of explanation were sent to about 18,000 homes and businesses last month, Murray said.
Human Resources Director Dave Hankinson requested approval of a Water Plant Operator position and a Permits Technician position made vacant due to resignations. The measures were approved by unanimous vote.
Public Works Director Gary Rohrer told the Board that Slurry Seal paving projects in the Ritchie Road/Highfield area have proved successful. Additional slurry will be applied on Rench Road soon, Rohrer said.
Chief Senior Planner Steve Goodrich told the Board that the state has designated Washington County as part if the “Heart of Civil War Heritage Area” in Maryland, and presented the Board with draft copies of a state management plan. The designation will provide economic benefit to towns and to property owners. Goodrich told the Board that he will visit several communities in the County to request amendments of the towns’ comprehensive plans to include the management plan. More information is available at www.heartofthecivilwar.org, Goodrich said.
VICTIMS' ASSISTANCE PROGRAM/DOMESTIC VIOLENCE ORDER SAFETY CHECKS GRANT
County Sheriff Charles Mades requested Commissioners' approval so that the Budget and Finance department can add a line item to the current budget for disbursement purposes. The grant was awarded for the period from October 1, 2005 to September 30, 2006.
The program has been designed to offer local law enforcement agencies the resources necessary to provide outreach to petitioners of protective orders in the western, southern and northeastern regions of the county, as well as those living closer to Hagerstown. Law Enforcement services such as victim assistance, transportation, and information, along with follow-ups on petitioners, and random checks on the welfare of the petitioner will be performed. Awarded Funds total $16,380.00, with In-Kind Matching Funds of $6,734.00, for a project Total of $23,114.00. Mades said the program is a continuation of grant funding. The measure was approved by unanimous vote.
PRESENTATION: WORKFORCE HOUSING TASK FORCE
Housing Authority of Washington County Director, Chair of the Workforce Housing Task Force brought this report to the Commissioners for consideration. On April 12 th of this year, the Board of County Commissioners voted to appoint a eighteen- member task force to develop recommendations to address affordable housing in the county in response to Goal #3 of the County’s 2005 Goals, and to address similar requirements in Maryland House Bill 1272 signed into law by Governor Ehrlich on May 6, 2005. The group has conducted meetings since June and made recommendations for provision of affordable housing. Highlights include: possible Down payment Assistance, Consultant Services, Acquisition with Rehabilitation, Amending the Excise Tax Ordinance, Pursuit of Regulatory Relief, allowing greater use of Manufactured Housing in the County, Graduated Tax Credits, Inclusionary Zoning, creating a Land Trust, Initiating a Trust Fund and the Use of Income Limits. Willson told the Board that a change in the report requests elimination of the provision for voluntary inclusionary zoning. A major problem is that persons who are starting life in the community cannot afford the cost of a new home, currently at median price of $300,000.00. Median incomes are not keeping pace with the median housing costs. Other counties to the east are influencing the cost of housing in Washington County as residents move westward to take advantage of the relatively lower housing costs than those in the metropolitan area. Willson said the Task Force feels that amendments to the Excise Tax Ordinance are necessary as is state legislation targeted at high property reassessments. The Task Force wants less excise tax burden on workforce housing purchasers, and would look at a sliding scale for that tax based on income. Manufactured housing is excluded from residential areas by local code. The recommendation is for a better definition of manufactured housing and review of the prohibitive codes. Commissioners’ President Greg Snook said that no community in the nation has been able to fully solve the affordable housing problem. The Task Force report reflects processes being used in other Maryland Counties and nationwide. The Commissioners will study the recommendations presented by the Task Force and take necessary local actions and make recommendations to the Local Delegation to the Maryland General Assembly.
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.
Monda Sagalkin of the League of Women Voters commented on the workforce housing recommendations.
OTHER BUSINESS
Appointments to Boards and Commissions: County Clerk Joni Bittner brought a request from the Fire and Rescue Communications Advisory Committee that Dan Grove, Jon Gift, and Leonard Heller be reappointed to the Board for their second three-year terms The measures were approved by unanimous vote.
Bittner also brought a letter of request from the Historic District Commission requesting that the two-term limit policy be waived and that Michael Gehr be reappointed to a three-year term on that Commission. The measure was approved by unanimous vote.
County Administrator's Comments: County Administrator Rod Shoop told the Board that the Greater Hagerstown Committee joint meeting with the Commissioners and City Council will take place on Friday at 7:30 a.m. The Boonsboro water project is moving ahead, with funding in place from the state of Maryland. If an annexation vote is approved, the project could require forward funding from the Commissioners, Shoop said. Hagerstown Regional; Airport requested a budget transfer of $20.48 million into its Runway Improvement Project budget from Federal and State sources, Shoop said. The funds, originally earmarked for the FY 2007 budget, should be moved ahead in order to proceed with the project, which is ahead of schedule. The measure was approved by a 4-1 vote with Commissioner Wivell voting “no”.
PUBLIC HEARING-PROPOSED 2006 LEGISLATIVE PROPOSALS
County Attorney John Martirano and Assistant Attorney Kirk Downey brought this matter to Public Hearing. Public comment relating to the proposed 2006 legislative proposals to be presented to the Washington County Delegation to the General Assembly was sought. The list of 10 proposals contains: Excise Tax – discretion for the County Commissioners to grant individual exemptions; Jobs Creation Tax Credit - contractual employment position; Weed Control – authority for civil citations; Electrical, Plumbing, Building and Mechanical Codes – authority for civil citations; Health Department – civil citations; Fire Police – increase in number permitted ; Sheriff’s Deputies – extension of probationary period; County Attorney - ability to hire more than one; Local Management Board reauthorization; and regulation of Cell phone use while driving. Debi Turpin, representing a Montgomery County bonding group appeared and requested consideration for asking that the County be included in a Cooperative Bonding Group that would allow the County to accept Certificates of Guarantee for bonding. Several other Maryland Counties have the ability to accept the certificates, Turpin said. Tom Berry of Rohrersville commented on the need for legislation from the state to compensate farmers whose land has been downzoned. The Commissioners discussed the proposals, coming to consensus to support the list, with Commissionmers’ President Snook asking that Health Department fine structures be graduated. The Board also agreed to discussions with the legislators on the cell phone issue and the Mental Health crisis care issues. The Board would include the Certificate of Guarantee Information on bonding, but did not reach consensus on a request from Commissioner Munson to have the legislature exempt the County from paying state fuel taxes. A consensus vote was taken, which passed 4-1 with Commissioner Wivell voting “no”.
ADJUSTMENTS TO COMMISSION ON AGING ALLOCATION FUND
Commission on Aging (COA) Director Susan MacDonald brought this matter before the Commissioners. The COA is requestingadjustment to its current allocation in order to fund increased leasing and fuel costs for its present location in the Alexander House from November 1, 2005 through March 31, 2006. COA would need $7,317 for increased rental payments and an estimated $5,000 for increased fuel costs in the current location for an estimated total of $12,317 for the period. COA will relocate to the Aspiring to Serve building on Franklin Street in late February or early March 2006. COA was notified in late summer of an increase in leasing costs for its current location. Since this increase was not known to the COA at the time of its 2006 allocation request to the Board of County Commissioners, the increase in the allocation is requested in order to cover the unanticipated costs. A breakdown of the costs includes November-an additional $813 in lease payments for the month, with December through March seeing an additional $1,626.00 per month in lease costs. The monthly fuel cost, not previously charged to the COA, has been estimated by Alexander House management to be approximately $2,200.00 per month. The COA’s share of that cost would be around 45%. MacDonald and County Administrator Rod Shoop told the Board that a meeting had been conducted with Alexander House management and the results of the negotiation were the increases proposed. Commissioners' President Greg Snook said that additional funds might be available from the Tri-County Council for this purpose. The measure, to fund the COA's temporary request from the Commissioners' Contingency, was approved on a 4-1 vote with Commissioner Wivell voting "no".
INTERGOVERNMENTAL COOPERATIVE PURCHASE: PICKUP TRUCK
County Purchasing Agent Karen Luther and Weed Control Director Lane Heimer brought this request, for approval of a cooperative purchase so that the Weed Control Department can purchase a One-Ton Pickup Truck from a bid processed by Montgomery County, Maryland and awarded to Norris Ford of Baltimore, Maryland, at a cost of $28,986.00. After review of the vehicle contract information from the State, it was determined that the vehicle required was not available through State contract. Montgomery County has an existing contract that could provide the vehicle . The proposed vehicle purchase replaces a 1992 GMC truck with mileage in excess of 155,000 and was recommended by the County Highway Department for replacement. It is necessary to the Weed Control Program operation that the vehicle be replaced during the department’s “off season” so that equipment can be switched from the vehicle being replaced to the new vehicle without disrupting Weed Control Program’s operation. Delivery of a vehicle resulting from a bid would occur at about the same time as the beginning of Weed Control Program’s season. While the vehicle is being prepared for operation, Weed Control’s service operations would be delayed. The Code of Public Laws of Washington County provides that the Board of County Commissioners may procure goods and services through a contract entered into by another governmental entity, in accordance with the terms of the contract, regardless of whether the County was a party to the original contract. If the Board of County Commissioners determines that participation by Washington County would result in cost benefits or administrative efficiencies, it could approve the purchase of this equipment in accordance with the Public Local Laws referenced above by resolving that participation would result in cost benefits or in administrative efficiencies. Acquisition of the truck would result in administrative efficiencies to both the Weed Control Program and Purchasing Department. Heimer told the Board that his department contracts with the state and private developers and the County is reimbursed for services performed. Cost of the truck would be a 50-50 split between the County and the Maryland Department of Agriculture. The measure was approved by unanimous vote.
ADEQUATE PUBLIC FACILITIES ORDINANCE WORKSHOP
Planning and Community Development Director Mike Thompson brought this workshop before the Board. A public hearing was held on September 19 th to obtain input on the proposed changes to the Adequate Public Facilities Ordinance (APFO). Due to the turnout the hearing was continued to October 12th. These hearings were the result of changes proposed to the original amendments outlined at the public hearing on June 12th, after a determination was made that the changes were substantial and warranted an additional hearing. The focus of the changes was on moving the adequacy measurement of elementary schools from 85% to 90% and a revision to Article IX dealing with possible mitigation options. Comments received from the public during the two recent hearings focused on the mitigation options and the involvement of the Board of Education in the review and approval of the mitigation plans. Some residents suggested that the Board of Education be given veto power over the approval of any mitigation plans, which the County Attorney has advised cannot legally be allowed. Discussion took place on input from the Board of Education that would be sought on the mitigation issues and BOE review and comment to be included throughout the process. Members of the public also expressed concerns that the amendments should be expanded to include emergency services and the sheriff department, but these changes cannot be considered at this time as they were not advertised or language proposed. It was pointed out that the without the mitigation section, there could be a point where no revenue would be collected to fund the necessary school construction. Another point was that minor subdivisions should be exempt from the APFO in order to help the smaller builders within the county. Others commented on the type of schools (Open Space) and the need to renovate these schools and questioned the State Rated Capacity of them. Open Space schools were not seen as part of this discussion, although schools with that design could be moved up in the Public Schools' renovation schedule. The Board of Education also requested that the Commissioners consider the idea of using a Local Rated Capacity instead of the State Rated Capacity, which would better reflect what is happening within Washington County. Commissioner Nipps took issue with how such a local rate would be derived, and said the State capacity rate would be the legal standard. In addition there were comments made concerning the amount of the excise tax and its impact on the affordability of new homes in the County. A review of the appeals process was also suggested, and language adding exemptions for minor subdivisions of 5 lots or less was also proposed. The Planning staff will review the proposed changes and bring a revised document before the Board for a further review.
HIGHWAY DEPARTMENT DEPUTY DIRECTOR DISCUSSION
Public Works Director Gary Rohrer and Ted Wolford, Director of the Highways Department brought this request, to re-establish the position of Deputy Director of Highways before the Board for approval. Rohrer told the Board thatthere is the need for a Deputy Director to address succession to the director and to aid with general supervision, coordination, and oversight of field operations. The need for this position has arisen quite rapidly for several reasons. The County did not fill this position when vacated five years ago due to funding constraints due to decreased Highway User Revenues. Highways needs someone in the position with good technical knowledge of field operations in addition to strong leadership skills. The need to address the County’s succession plan addresses the process for preparing people to meet an organization’s needs for talent over time. The County has begun identifying and developing the best people for key leadership roles critical for the future success in meeting the needs of the community. Rohrer said it is imperative for an agency of the size and significance of the Highway Department to have qualified people in leadership roles who are capable of assuming larger roles, when the need arises, and that the department is now in a strong financial position to support the request. Estimated annual salary for this position would be $60,000. The measure was tabled so that an adequate job description could be presented and time set aside on the agenda for further discussion.
INSTALLMENT PURCHASE PROGRAM ORDINANCE
Agricultural Land Preservation Administrator Eric Seifarth brought this item before the Board. On October 11th, the Board asked staff to make several changes to the IPP Ordinance and requested the State Planning Office to appear before the Board to discuss the IPP. Changes were requested to the section covering Payment.Payment would be made by installment purchase agreements. Once a landowner agrees to accept a County offer to purchase his or her development rights, an installment purchase agreement (IPA) between the County and the individual seller will be written. This agreement includes the total amount of money that the County has agreed to pay the landowner and sets the terms of that agreement including a fixed 3% interest rate on outstanding principal. These IPAs would be paid over a period of 10 years, with 10% of the principal being paid at settlement . After the initial principal payment of 10% of the easement value, the second annual payment shall be 10% of the easement value, plus the established interest rate times 90% of the easement value, the third annual payment shall be 10% of the easement value, plus the established interest rate times 80% of the easement value; and so on until the final payment would be 10% of the easement value, plus the established interest rate times 10% of the easement value. At issue was the provision, suggested by the Agland Preservation Board, that the landowners have a 25-year buy-back provision. The State Planning Department has opposition to the buy-back program and to other aspects of the County's rural rezoning efforts. Seifarth told the Board that representatives of the State Planning Office will be on hand at next week's meeting to discuss the program. Commissioner Dori Nipps commented that during the Leadership Maryland meeting last week, a conversation with state officials indicated the buy-back program "wouldn't fly". The measure was tabled until November 1 st.
HOMELAND SECURITY BUFFER ZONE PROTECTION PROGRAM
Joe Kroboth, Director of Fire and Emergency Services and Lt. Randy Wilkinson of the Sheriff’s Office brought a request to seek Homeland Security Buffer Zone Protection Program funds to the Board. Kroboth requested that the Board authorize the Division of Fire and Emergency Services to execute a Memorandum of Understanding and accept a grant offer of $48,500 from the Maryland Emergency Management Agency to implement the Buffer Zone Protection Program Plan (BZPP). The BZPP is designed to reduce vulnerabilities of critical infrastructure and key resources through supporting prevention and preparedness efforts of local first responders. All of the funds for this grant program shall be distributed to the Washington County Sheriff’s Office for protection and prevention efforts and equipment.
Kroboth told the Board that this was the first grant that has required adoption of the National Incident Management System by the local jurisdiction. The measure was approved by unanimous vote.