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.
JOINT MEETING WITH THE BOARD OF EDUCATION
The Board of County Commissioners and the Board of Education met jointly to discuss second quarterly adjustments to the BOE General Fund Budget. Several of the changes that the Board of Education approved on January 24th cross major categories. Therefore, the Board of County Commissioners must also approve these requested adjustments. The Board of Education’s Finance Committee reviewed these adjustments on January 20, 2006, and recommended them to the full Board. The meeting also discussed a letter, signed by all members of the BOE, to be sent to the Delegation in Annapolis, expressing concern over a request for a "regionalized" elected Board of Education. The BOE letter cited improvements in student test scores in recent years, and asked what would be accomplished by such a regionalized approach.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner John Munson commented that the State Assessment Office reported this morning that the Constant Yield rate for the year is $.873.
Commissioner Dori Nipps reported on attending a MACo legislative meeting last week, and on the recent League of Women Voters seminar on cooperation between local governments. Also on that panel were Commissioner Jim Kercheval, City Councilmen Lew Metzner and Kristin Aleshire, along with Smithsburg Mayor Mickey Meyers.
Commissioner Bill Wivell discussed attending meetings of the Economic
Development Commission, the Water Quality Advisory Commission, and the PenMar Development Commission. EDC will soon have a vacancy on its Board, Wivell reported.
Commissioner Jim Kercheval also reported on the EDC meeting and its election of Officers for the upcoming year. John Schnebly will serve as President, Jim Loblay as V-P, and Tim Henry as Treasurer. The League of Women Voters seminar brought to light the extent of cooperation that exists between local governments. A meeting with a Smithsburg Developer discussed mitigation options and school issues for a planned 10-lot subdivision, Kercheval said. The Metropolitan Planning Commission approved the Air Quality application at its meeting last week. The CSAFE annual application for state funding is due, and a letter of support from the Commissioners is being requested, Kercheval said. A weekend meeting with Councilmen Metzner and Aleshire discussed the Adequate Public Facilities Ordinance and concerns over how the Ordinance would affect development inside City limits. Kercheval reported that the City wants equal number of exemptions that the County would give in small subdivisions. Small subdivisions in the County of 5 lots or less are exempted under the current APFO, however the City rarely sees that type development. The City would also like to see student generation rates determined by region, as rates in the County may differ from actual City development. The City wants developer mitigation plans to be submitted to the Board of Education for their recommendations first, then to the City, then to the County for final approval. The need to support revitalization efforts of old buildings downtown was also discussed and the City would like the County to consider this when reviewing mitigation plans. The City could pass an APFO draft in March, then would need 60-90 days for Public Hearings and final adoption. The County would need to extend deadlines for APFO adoption in order to allow that process to be completed and not penalize the City's past collection of excise tax revenue, Kercheval said.
Commissioners’ President Greg Snook reported meeting with Sharon Disque, Director of the City's Neighborhood Development project on how the County can help with that imitative. An article in the Baltimore Sun commended Business Incubators such as the one at Hagerstown Community College for assisting high-tech business in Maryland. The Maryland Association of Counties Legislative Committee heard that over 200 bills were submitted to the State Legislature in one week. Of particular interest to MACo is the bill on Early Voting, which could have a financial impact on Counties, and the Community College Funding Formula, which would penalize fast growing institutions such as HCC. The College could lose $500,000 in the coming year’s budget because it is moving from smaller institution status to the mid-level. Legislation proposed by MACo would phase the reduction out over several years rather than allow it to occur in a single year.
REPORTS FROM COUNTY STAFF
Permits and Inspections Director Dan Divito introduced Brennan Garrett as the new Chief Plan Reviewer for the County. Brennan comes to Washington County from a similar post in Frederick, and is a resident of Smithsburg. Gaming Office Director Jim Hovis reported on House Bill 1325, which is in preparation for filing in Annapolis, regulating Gaming operations in a number of Maryland Counties. The bill has been a subject of concern, in that the State of Maryland would gain control over the revenues from Tip Jars, and other forms of Gaming in Washington County. Those revenues are used to fund operations of Private Non-Profit Charitable Organizations and the Washington County Fire and Rescue Companies. Language in the Bill was unclear as to whether the County was to be included. New information indicates Washington County would not be included in the bill, Hovis said.
Recreation Department Director Jaime Dick requested approval of the department's plan to increase charges for summer play camps by $5. The ten-hour play camps, at Marty Snook Park and Clear Spring Park, would increase from $40-45 per week. The 8-hour play camps at other parks would increase from $35-40 per week, Dick said. The measure was discussed last week, but no formal vote was taken. A decision was needed now because the Spring-Summer Catalog of Recreation Programs must be printed soon in time to be mailed to consumers. The measure was approved by unanimous vote.
A&E district tax credit resolutions
Economic Development Commission President John Schnebly and County Attorney Richard Douglas brought two resolutions dealing with Tax Credits and exemptions for the Hagerstown Arts and Entertainment District before the Board for review and approval. The two resolutions, for admission and amusement tax exemption, and property tax credits for eligible arts and entertainment activities. The purpose of adopting the resolutions would be to support the existing arts and entertainment district in the City of Hagerstown, along with any others that may later be designated. The first resolution would eliminate admissions tax on eligible activities in any designated arts and entertainment district. The existing ruling was adopted in 1994, and a second purpose in adopting this resolution would be to update the existing one, to conform to changes in the enabling law and to eliminate some confusion that persists in the existing resolution. The second resolution would adopt an exemption of 50% of property taxes for a 10-year period for certain properties in a district, not only for the use of property, but also for the increased value of a property due to renovations. The measures were approved by unanimous vote.
COMMISSION ON AGING BUDGET PRESENTATION
John Kenney, President of the Commission on Aging Board and Susan MacDonald, COA Executive Director made the operating budget presentation for that agency for FY 2007. The agency is asking for an increase of $90,247.00 to cover staff wage and salary increases, and to fund the difference in lease costs for 140 West Franklin Street. MacDonald told the Board that COA staff was instrumental in finding new nursing home placements for 39 elders when a local residential facility was closed. Part B Medicare Changes have seen a sharp increase in service provided elderly persons. COA restructured its entire accounting system over the past fiscal year, MacDonald reported. The local COA is the only stand-alone non-profit aging agency serving a single county that is not physically a part of County government, Kenney said, and discussions may take place in the future to bring the COA into the County as a Department. COA will move from its current facility on the Square to the Franklin Street address in March. Prison Crews will facilitate that move, County Administrator Rod Shoop said. COA will get additional state funding this year, but the future of Federal funds is uncertain at this time, MacDonald said. Commissioners President Snook commended COA staff for its endeavors and said the request will be reviewed in greater detail later in the budget process. All budget items will be reviewed prior to the Public Hearing in April.
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.
Tom Grosh of Clear Spring requested that the reported $2 million surplus be used for Agricultural Land Preservation instead of tax rebates, and to make sure the new radio system was interoperable with other nearby county and state systems.
Nathan Wunderlich, a Boy Scout working on a Local Government merit badge, was recognized.
OTHER BUSINESS
County Attorney Comments: County Attorney John Martirano brought an FAA requested Master Agreement for Airport Program Grants before the Board for approval. The document contains all of the regulatory information needed for Applications for FAA grants. Instead of having all of the information included in each grant the Airport applies for, the one set of documents would be submitted, and utilized for each subsequent grant. The measure was approved by unanimous vote.
County Attorney Richard Douglas brought a report on the County's Legislative priorities to the Board. All of the current County requests for legislation regarding Fire Police, Sheriff's Deputies, Certificate of Guarantee, Number of County Attorneys and the Excise Tax have had bills filed, except the General Authority for Enforcement of Violations of Ordinances, Douglas reported. A question was raised concerning excise taxes on non-residential construction and any exemptions for new construction due to size of a previous building. Douglas was requested to talk to the Delegation about that wording.
INTERGOVERNMENTAL cooperative purchase: purchase of network data switches
County Purchasing Agent Karen Luther and Information Technologies Director Ron Whitt brought this request to the Board for an Intergovernmental Cooperative Purchase of Network Data Switches for the IT Department. The IT Department wants to purchase network data switches from Foundry Networks, Inc. of Alviso, CA in the amount of $63,906.25 in order to create a converged ultra-high capacity data communication institutional network (I-Net) for use by the Washington County Public Network (WCPN) membership and supported institutions. On December 20, 2005, the Board approved a budget transfer request of funds for this procurement in the amount of $65,000. Acquisition of the network data switches by “piggy-backing” the Prince George’s County Public Schools bid and eliminating the County bid process would result in administrative efficiencies for both the IT Department and the Purchasing Department. The measure was approved by unanimous vote.
CONTRACT AWARD: DESIGN OF CELL #4 AT 40-WEST LANDFILL
Luther and Deputy Chief Engineer Rob Slocum brought this request, to award the contract for the services to firm, URS Corporation, of Cleveland, Ohio, with the lowest Total Lump Sum Fee of $130,500.00. The purpose of the contract is to retain the services of an engineering firm to coordinate, design and prepare construction plans for Cell 4 at the Forty-West Landfill. Cell 4 has an approximate footprint of 14.17 acres. Slocum told the Board that the cell would be similar in design to Cells 2 and 3, and design work included in the contract would assist in planning future cells, aid in control of landfill gasses, analyze leacheate and remaining earthwork balances. The tentative schedule for these activities begins in late February, to the contract completion, scheduled for December, 2007. The measure was approved by unanimous vote.
2006 MARYLAND STATE RIGHT-to-know and emergency number systems board grants
Fire and Emergency Services Division Director John Latimer brought these requests before the Board. The first request would be to authorize the Division of Fire and Emergency Services to accept a grant awarded to the Local Emergency Planning Committee (LEPC) by the 2006 Maryland State Right-To-Know Fund. The Maryland Department of the Environment offers grant funding to local jurisdictions to assist with the operational costs of the LEPC. The total award is $10,000. The measure was approved by unanimous vote. The second request was to authorize the Division of Fire and Emergency Services to accept an Emergency Number Systems Board Grant Award for fiber diversity at Fire and Rescue Communications in the amount of $179,017.00. The Maryland Department of Public Safety and Correctional Services, Emergency Number Systems Board grant will enable the 911 Center to install fiber optic diversity on its incoming telephone lines. The fiber will replace existing copper cable telephone lines and lessen the exposure to lightning and other electrical impulses adversely effecting the operation. The measure was improved by unanimous vote.
PUBLIC HEARING: INSTALLMENT PAYMENT PROGRAM EASEMENTS
Land Preservation Administrator Eric Seifarth brought these measures to Public Hearing. The request is for the BOCC to approve the FY ’06 IPP easement payment schedules for Bruce Barr, Terry Price and Tony Arena. Seifarth said that in an effort to expand the land preservation program the Board of County Commissioners adopted an Installment Payment Program to be able to leverage County Excise tax funds of $400,000 per year for agricultural easements, over a ten-year payment plan. Using data acquired from unfunded properties from the FY ’05 state program, easement values for the IPP properties were established and about $4,500 in appraisal costs for these three farms has been saved. In addition, the Commissioners previously approved a 3% interest rate, paid annually on the remaining balances. Using County excise tax funds, the cost for these 3 projects at easement value plus interest, equals $1,883,452.22. Estimated title and settlement costs average about $1,800 for each property. Total projected cost for these 3 properties is $1,888,852.22. The measures were taken to Public Hearing. No one appeared to make comment on this day. The IPP's were approved by unanimous vote.
WESTFIELD'S ADEQUATE PUBLIC FACILITIES ORDINANCE AGREEMENT
County Attorney Richard Douglas brought the revised draft of this ordinance before the Board for approval. Since the most recent discussion of the agreement by the Commissioners on January 24th, in which the Commissioners authorized transmission of a revised draft agreement to Westfields, changes have been made by Westfields in response to the County's proposed language, and other changes have been made on behalf of the County. These changes were discussed with Westfields by members of staff at a meeting held on January 30th. The changes generally concern such issues as Stormwater management and sediment and erosion control; Installation of fiber optic cable and other infrastructure; a Timetable for completion of improvements; an Agreement on fulfilling Westfields' school adequacy contribution; Notice to Westfields of delay in completion of school.; Good faith inclusion of Westfields in sewer allocation plan.; Good faith dealing with Westfields in development processes; Cooperation on a plan for advance payment of building excise taxes to assist in funding construction of the new school. Late alanguage changes included working with the County on "up-front" payment of a significant portion of excise taxes as advance paynment for school site development. The developer would not be getting a tax break, and would pay the full amount of excise taxes. Commissioner Bill Wivell commented that the measures ignore needs of middle and high-schools. Commissioner Dori Nipps said that the construction of Westfields Elementary would help solve problems at 3 other schools. A motion to accept the measure as modified was approved on a 3-1-1 vote with Commissioner Wivell voting "no and Commissioner Munson abstaining.
CAPITAL IMPROVEMENT PROGRAM (CIP) REVIEW
Budget and Finance Director Debra Bastian, Planning Director Mike Thompson and Public Works Director Gary Rohrer brought this review of the CIP budget for fiscal year 2007 before the Board. In last week's meeting, the Road Improvement budget was not reviewed. The 8.1 million Road Improvement CIP would see $4.09 million go to the Pavement Maintenance and Rehabilitation Program, $441,000 to two phases of the Robinwood Corridor project, $5,000 to the intersection and Massey and Halfway Boulevards, $6,000 for the intersection and Long Meadow Road and Marsh Pike, $1.73 million to the Edgewood Drive and U.S. 40 interchange, $601,000 to the U.S. 40 and Mount Aetna intersection, and $1.176 million to the Maugans Avenue realignment project. Primary funding sources would be bond proceeds and excise taxes. The Commissioners review each line item expenditure prior to budget approval. ###
TAX SETOFF MEETING WITH CITY OF HAGERSTOWN
The Board attended a joint meeting with the Hagerstown City Council during the afternoon to discuss the Tax Setoff for FY '06. Property Tax setoff funds are paid to municipalities annually to help reimburse costs for Police services, Roads and Parks. For fiscal year 2006 Hagerstown's allocation increased by 8.87% over FY 2005 to $1,108,797.00, up from its 2005 allocation of $1,018,423.00. Allocations for all 9 municipalities were at or above the previous year's funding level. Hagerstown's Police allocation was $882,728.00 and the Parks allocation was $1226,069.00. Roads allocations for all municipalities remain at $0.00 for 2006.