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 Jim Kercheval reported on attending the Home Builders Association annual holiday event last week as well as the Board of Zoning Appeals meeting to decide the Hospital's variance requests. The BZA approved that request and all the Board should be commended for their efforts in carefully reviewing all sides of the case in making their final decision, Kercheval said. The Greater Hagerstown Education Task Force discussed the School for the Arts planned for downtown Hagerstown and possible advantages in developmenting partnerships with neighbors in the downtown area. For example, the University System of Maryland-Hagerstown classrooms could be used during the daytime when rooms are not currently needed, a portion of the Maryland Free Library could be used as that school's library, or the Maryland Theater's stage could be used for theater or dance performances. The group heard a Board of Education presentation stating that the architect being used in the feasibility study was able to get 40% of a similar project in another city paid for with grants and federal tax credits. Discussion also took place with Public School personnel on the various layouts that could be developed there. Kercheval told the group that the County has a tight Capital Improvement Project budget for the upcoming years, and any funding requests should be developed as soon as possible to find room in future CIP budgets. A meeting with a developer looking to build a 550 unit subdivision on the Artz Farm discussed school capacity issues and possible mitigation needed in the area, Kercheval reported.
Commissioner Bill Wivell reported on the Water Quality Advisory Commission meeting last week. Budgets were discussed and revenues were at or above projections while expenditures were generally below projected figures year-to-date. The PenMar Development Corporation Board of Directors met and was given an updated financial report. A review of the minutes of meetings on the North High School stadium show no mention of the County Commissioners assuming financing of the project. The Commissioners should discuss the issue next week and make a decision, Wivell said.Commissioner John Munson commented on legality of “Local Government” license plates on vehicles that are not owned by true government entities. This could affect some non-profit agencies or fire/rescue companies. Munson said. The issue is being researched by staff.
Commissioner Dori Nipps reported on the Community Action Council meeting last week. With the colder weather CAC is seeing an increase in applications for energy assistance. The Historic District Commission meeting last week discussed a proposed development near Bower Avenue on a parcel containing historic buildings. There is a stone house and a number of outbuildings that are historic in nature, and the HDC is asking the developer to preserve those buildings, Nipps said.
Commissioners' President Greg Snook reported on the latest trends in home sales in the County. During the last two weeks in November, there were $31 million in home sales in the County. Snook said. The public street acceptance committee accepted Premier Circle and Splendor View Circle in Fieldstone Acres into the County’s road maintenance program. Retail Sales were up in the third quarter in Washington County, Snook said, at $409 million. That figure represents a 4% increase over this time last year, Snook said. A letter from the Attorney for the Town of Funkstown has announced adoption of the National Incident Management System by the Town, Snook reported. The recent runway accident at Chicago’s O’Hare Airport indicated that the runway did not have a proper safety zone of 1,000 feet. The recent land purchases at Hagerstown Regional Airport are for this public safety purpose, and the County will be in full compliance with all regulations when the runway improvement project is complete. The Hopewell Road Sewer Interconnector project is on track and should be completed in April, Snook reported. The Bay Restoration Fund contains a provision for Counties to provide a policy for hardship case exemptions from the $30 annual "flush fee". The Board should discuss this option after the beginning of the year, Snook said.
REPORTS FROM COUNTY STAFF
Public Works Director Gary Rohrer said a meeting with the state, the Sheriff and the Project Architect regarding the Central Booking Facility showed substantial progress. A request for proposal will be issued for design of that facility soon, Rohrer said. State Highway Department representatives, the City of Hagerstown and the County met last week to discuss the Edgewood Drive and U.S. 40 intersection project. Meetings are being held monthly. The project could go to bid in the spring of 2007, Rohrer said. A meeting with Department of Water Quality staff discussed the feasibility of supplying water and sewer service to Conococheague Elementary School. Highways Director Ted Wolford is expected to be off the job for 5-6 weeks and a temporary Director was named. Ed Plank, Western Section Supervisor, will serve in that capacity. The Western Section battled 12 inches of snow in the areas west of Fairview Mountain last weekend, Rohrer said.
County Human Resources Director Dave Hankinson requested approval to advertise a Senior Plant Operator position in the Department of Water Quality. The measure was approved by unanimous vote.
Hagerstown Regional Airport Manager Carolyn Motz updated the Board on the Scheduled Air Service at the airport. The Essential Air Service designation went into effect December 1 st, and there are three flights a day into and out of the airport. HGR Marketing Manager Greg Larsen told the Board that marketing activities are taking place in anticipation of the runway extension project completion in 2007. Larsen has been attending “market place” trade shows, and has discussed the expansion with 10 air carriers to date. There has been much interest in the ability of larger aircraft to use HGR, Larsen said.
Division of Fire and Emergency Services Director John Latimer told the Board that the fatal fire in Keedysville over the weekend was a textbook operation by the fire and rescue companies involved. Issues with the radio system occurred, as expected, and will be resolved with the new interoperable radio system the County is putting into place. Fire/Rescue personnel affected by the tragedy are eligible to receive counseling through the County’s Employee Assistance Program, Latimer said.
PUPIL GENERATION RATES FOR SCHOOL ADEQUACY UNDER THE ADEQUATE PUBLIC FACILITY ORDINANCE
Mike Thompson, County Director of Planning, Bill Blum, Board of Education Chief Operating Officer, and Monika Jenkins, BOE Facilities Planner requested approval of Pupil Generation Rates to be utilized in determining School Adequacy under the Adequate Public Facilities Ordinance (APFO) The Ordinance says that pupil generation rates are to be determined using formulas proposed by the BOE and adopted by the Board of County Commissioners and should reflect the characteristics of the school attendance area where a proposed development is located.Recent amendments to the APFO focused primarily on matters dealing with schools and determining their adequacy to accommodate new developments. One of the new provisions deals with Pupil Generation Rates that are to be utilized in formulas that have been developed to predict development impact. Staff has pointed out, at previous meetings between the Board and the BOE, that making predictions is not an exact science due to the many variables involved. The BOE conducted a project, with the help of a consultant, to develop a model to predict school enrollment, which resulted in a Six-year Enrollment and Facilities Report. One aspect of the report dealt with housing yields and was based on a survey of newer developments to determine their student yields. The result was a significant change in student yield from 0.41 developed in the 1990’s as part of a fiscal impact study. The most recent report released by BOE staff has Single family residences impacting Elementary Schools at a bate of .36, Middle Schools at .18 and High Schools at .22 for a total of .77, a significant reduction from a previous total of 1.06. Town Homes have been seen to impact Elementary Schools at .24, Middle Schools at .06 and High Schools at .07 for a total of .37, again a reduction from the previous prediction of .48. Multi-Family units were rated the same in both models, Elementary at .13, Middle at .057 and High Schools at .066 for a total of .253. Refinement of these figures will be ongoing. Thompson told the Board that Staff of both bodies is recommending that the Pupil Generation Rates be approved as presented and that they be brought back to the Board on an annual basis for approval following the reporting of the September 30 th enrollment figures to the State. Blum told the Board that the Public School system has a five-year model for pupil projections, but the need for a 10-year model is seen. The multi-family figures were recommended to be rounded to the next highest decimal point, to .06 and .07 respectively. The measure was approved by unanimous vote.
CITY OF HAGERSTOWN ANNEXATION REQUEST: BOWERS
Planning Director Mike Thompson brought a request from the City of Hagerstown for approval of the Bowers Annexation consisting of 5,595 square feet that is adjacent to the City of Hagerstown, located at 304 Woodpoint Avenue just north of West Church Street. The applicant proposes to develop the property with a single-family detached dwelling upon annexation. The applicants, Michael And Marisa Bowers are requesting R-1 zoning, which is consistent with the existing RU (Residential Urban) County zoning designation. The proposed zoning is also consistent with the Low Density Residential designation on the 2002 adopted Comprehensive Plan. Thompson asked that the Board make a finding of consistency that the proposed annexation is consistent with the adopted Comprehensive Plan. Thompson said that the property has been presented to the City of Hagerstown for annexation. Maryland Code states that a municipality may not place a property into a zoning classification that permits a land use substantially different from the use permitted under the adopted comprehensive plan. The measure was approved by unanimous vote.
CITY OF HAGERSTOWN ANNEXATION REQUEST: CLEMMER
A second City of Hagerstown Annexation Request for a single lot consisting of 6,502 square feet that adjacent to the City of Hagerstown, located on Pangborn Boulevard just north of Security Road. The applicant proposes to develop the property with a duplex dwelling upon annexation. The applicants, Andrew and Pamela Clemmer, are requesting R-1 zoning upon annexation, which is consistent with the existing RU (Residential Urban) County zoning designation. The proposed zoning is also consistent with the Low Density Residential designation on the 2002 adopted Comprehensive Plan. Planning Director Thompson requested that the Board make a finding of consistency that the proposed annexation is consistent with the adopted Comprehensive Plan. The property has been presented to the City of Hagerstown for annexation. Maryland Code states that a municipality may not place a property into a zoning classification that permits a land use substantially different from the use permitted under the adopted comprehensive plan. The measure was approved by a 3-0-1 vote with Munson abstaining.
CITY OF HAGERSTOWN ANNEXATION REQUEST: TODD SNOOK
Thompson brought a third City of Hagerstown Annexation request, for the Snook Annexation, before the Board. Commissioners’ President Greg Snook recused himself from the discussion, and Commissioners’ Vice-President Bill Wivell took the chair. The City of Hagerstown conducted a public hearing on the issue in November. Planning Staff recommended that the Board concur that the proposed zoning for the annexation is consistent with the adopted Comprehensive Plan for the area between US 40 and MD 144 and that the area south of MD 144 is inconsistent with the plan and no “express approval” should be granted for this area. The applicant, Todd Snook, made a request to the City of Hagerstown for annexation of 66.67 acres of land west of I-81. There are no development plans for the property at this time. The proposal has been revised since the October 18, 2005 meeting when it was presented to the Board. The City Council held a public hearing on the annexation on November 22, 2005 and will be discussing the request at a future meeting. The annexation is contiguous with the City at the north end in the vicinity of US 40 West and the Centre at Hagerstown. The property can be described as being two areas. First, is the area between US 40 and MD 144, which is proposed for R-1 residential in the city, consistent with the current Residential Suburban (RS) designation. This change is acceptable to staff as it is in keeping with the City Planning Commission recommendation and is consistent with the 2002 Comprehensive Plan. The second area to the south of MD 144 is designated on the Comprehensive Plan for Industrial Flex and is currently zoned Highway Interchange HI-1. The applicant request for the area to be zoned a combination of R-2 residential and General Commercial C2. This aspect of the request is not consistent with the adopted plan and an “express approval” is required from the Board or while the annexation could still take place, the applicant would have to wait for a period of five years to develop the property unless it was to be developed consistent with the County Plan. Industrial/Flex reflects an area that is comprised of different types of economic development associated land uses. These areas would fall under the county zoning designations of: Industrial Restricted, Planned Industrial, Airport and a large portion of the areas designated HI-1. The plan further states that these areas are anticipated to be developed for light industrial parks, business parks and minor commercial uses that support job centers. The applicant has revised its request in this area. In essence, the applicant is proposing to develop approximately 32 acres as residential south of 144, with the stipulation that the northern most property near MD 144 will be developed with single-family detached homes fronting onto MD 144 with the exact area to be determined during the development process. The remaining R-2 area will not be restricted in its development, but will be developed in accordance with the R-2 requirements and uses. The remaining area south of MD 144, approximately 22 acres, is being requested for C-2 zoning, but the request has been modified to limit the permitted uses. Staff would agree that these uses are consistent with uses permitted in the County zoning districts that would fall under the Industrial/Flex designation. However, staff is concerned with contractually limiting the uses within a specific development and is of the opinion that the Residential Zoning request south of MD 144 is clearly inconsistent with the Comprehensive Plan. The request for the 22.03 acres of general commercial is also inconsistent as the plan envisioned minor commercial uses to support the industrial and business uses and without a firm development plan staff cannot recommend to the Board a finding of consistency. The applicant met with the EDC Board in November, following the October meeting in order to present its revised proposal. In response to the meeting, the EDC Board reaffirmed it's opposition to the to the use of industrial and commercial zoned property for residential use. On December 5, 2005 the Planning Commission reviewed the request and offered its recommendation as well. The members of the commission discussed the proposal, including the changes offered by the applicant and unanimously approved a motion recommending to the Board that the request be found to be consistent with the adopted Comprehensive Plan for the area north of MD 144, but the request is inconsistent with the Plan for the area south of MD 144 and “express approval” should not be granted. Discussion centered on the requests for three zoning districts as defined by the City, and plan revisions were requested from the developer. A sewer easement would need to be granted to the County by developer agreement in order to route flow to the Conococheague plant. The Board took three separate actions on the request, finding the area north of Maryland Route 144 consistent with the County Comprehensive Plan, as recommended by staff. A motion to find the parcel consistent was approved by unanimous vote. The lower portion of the parcel would be divided into two zoning areas, with 34 acres just South of MD 144 requested as R-2. A motion to concur with staff and the EDC recommendations to find the parcel not consistent with the Comprehensive Plan and to not grant Express Approval was passed by unanimous vote. The remaining 22.03 acres at the southern end of the parcel was requested to be zoned C-2 with limitations on uses. A motion to agree with the staff and EDC recommendations not to approve the parcel as consistent with the comprehensive plan and not to grant express approval was passed by unanimous vote. Jason Divilbiss, representing the developer was told that new plans could be developed for the parcels in question and presented to the Planning Commission and the Board of County Commissioners during the ensuing five-year period in which annexation is barred. The Commissioners, Planning Staff, the Planning Commission and the Economic Development Commission all had opposed the mixing of residential and industrial/commercial zoning that the developer’s plan would have afforded.
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 on this day to give comment.
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OTHER BUSINESS
County Administrator's Comments: County Administrator Rod Shoop requested approval o the final Change Order for the Hagerstown Regional Airport Terminal and Apron modification project. A decrease in the project contract of $34,838 would be seen if the change was approved. The measure was approved by unanimous vote.
Casual Day was recently held for the Toys for Tots campaign sponsored by the Marine Corps Society. County employees donated $719 in cash and toys.
The final Commissioners' meeting of 2005 will be held next week, on December 20 th. There will not be meetings for the next two weeks due to holiday schedules and the first meeting of the New Year will be held on January 10 th.
BID AWARD: GOLF CARTS FOR BLACK ROCK GOLF COURSE
County Purchasing Agent Karen Luther and Darrell Whittington, Golf Pro at Black Rock Golf Course (BRGC), brought this matter to the Board for approval. The request is to award the bid for Purchase or Lease and Supplying of Golf Carts for Washington County’s Black Rock Golf Course to the lowest responsive, responsible bidder E-Z-GO, Textron of Bristow, Virginia, based on Option No 1, a 6-year lease, for a total amount of $55,693.44 per year for a total 6-year cost of $334,160.64, subject to final approval of the lease documents by the County Attorney’s Office. The award option is for leasing and supplying of 72 rental golf carts and one 1 heavy-duty range cart, with a requirement of the exchange for new carts at the end of three 3 years. This recommended option also includes a service agreement of weekly maintenance, wintertime service of the fleet, and 24-hour emergency service. At the end of the 6-year lease, the golf carts are returned to the vendor. Should the County wish to own the carts at the end of a lease, it would need to pay fair-market value to purchase the carts as well as purchase an additional maintenance service agreement. Due to wear and tear on the carts, the BRGC Board originally decided to replace its carts every 3 years. It has been common practice to also raise the cart fee $1.00 upon receiving new carts every 3 years. As requested by the Commissioners 6 years ago, vendors are requested to state the purchase price as an Option in order to investigate our own leasing. Option No. 3 requested the straight purchase cost of the carts including the service agreement with an exchange for new carts at the end of 3 years as also required under Option No. 1. The County would own the carts at the end of the 6-year term of any lease obtained by the County to accommodate the purchase of carts under Option No. 3. At the end of that 6-year lease term and upon awarding a contract for new carts under this scenario, there would be no guarantee that they could be traded in or that the proposed trade-in allowance would be satisfactory to the County. Also, there would be no guarantee as to the amount of revenue that could be obtained to apply towards new carts. If new carts arrive prior to disposition of the old carts, there could also be a storage issue and revenue cash flow issue. The present 6-year lease with E-Z-GO, successor to the original area distributor, Mid-Atlantic Equipment Corp., (out of business) is $64,448.64 annually and expires February 28, 2006. The recommended option would result in an annual cost reduction of $8,755.20. Commissioner Bill Wivell requested a clarification of some aspects of the bid process and abstained from the vote, which approved the measure 3-0-1.
COUNTY STAFF PARTICIPATED IN ANNUAL HOLIDAY CAROLING ON THE STEPS OF THE ADMINISTRATION BUILDING AT 100 WEST WASHINGTON STREET AT THE NOON HOUR
STATE OF MARYLAND APPOINTMENTS FOR DIRECTOR OF FIRE AND EMERGENCY SERVICES
John Latimer, Director of the Division of Fire and Emergency Services, requested that the Board approve two customary State of Maryland appointments. Letters are needed from the Commissioners to the State of Maryland for appointment of the Director as Emergency Program Manager for the Maryland Emergency Management Agency, and as Highest Emergency Medical Services Officer for the Maryland Institute of Emergency Medical Services System. Latimer told the Board that the appointments are necessary to transfer the authority and responsibility of the positions from the former Director of Fire and Emergency Services to the new Director. Both the Emergency Program Manager and the Highest Emergency Medical Services Officer are necessary appointments because they establish Washington County’s liaison to the respective State of Maryland agencies.The measures were approved by unanimous vote.
250 th ANNIVERSARY OF FORT FREDERICK
David Kuder, Ralph Young, Betsey Lillard, and Jane Hershey, members of the Fort Frederick Anniversary Committee requested the assistance of the Commissioners with funding of event expenses. The 250 th Anniversary celebrates the construction of Historic Fort Frederick by the Colony of Maryland during the French and Indian War. In 2006, the Friends of Fort Frederick State Park will be helping the Maryland Park Service celebrate Fort Frederick’s 250 th Anniversary as part of the National Commemoration of the French and Indian War. A Capital Campaign is underway to raise funds for the reconstruction of the “Governor’s House” and a major celebration on Memorial Day weekend. The reconstruction of the Governor’s House and Anniversary celebration are expected to more than double the annual visitation at Fort Frederick State Park with a significant economic impact on Washington County. Young, Retired Park Manager said the fort, built in 1756 played a key role in the development of the United States. Campaign Chair Lillard said that a number of activities, including battle reenactments, would take place during the Memorial Day Weekend celebration. Kuder said that the Local Delegation to the Maryland General Assembly supports the campaign, and wants to see evidence of local support. A Public Broadcasting System series on the French and Indian War is expected to focus on the Fort and its role in peace keeping along the Western Maryland frontier. The committee has a goal of $1 million and the Clear Spring Foundation, the Henson Foundation and the Washington County Foundation have all expressed interest in supporting the project. Commissioners' President Snook told the group that the Board is interested in supporting the project, but that non-profit organizations must be on the Approved List to which the Commissioners make direct donations. That the State is involved could make a difference, Snook said. The group was advised to talk with the Planning Department about the possibility of obtaining funds from the Metropolitan Planning Organization. The County would supply letters of support to the Delegation and to the Governor. The Committee should also apply to the Gaming Commission for funding to support some of the activities, and the County will give further consideration to the request, Snook said.