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.
Review of Actions Taken in the Washington County
Board of County Commissioners Meeting
February 28,
2006
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Bill Wivell commented on the recent Department of Social Services Board meeting. A topic of discussion was the move of Purchase of Care (childcare vouchers) from the State Department of Human Resources to the Maryland State Department of Education.
Commissioner Jim Kercheval reported on a meeting with the Home Builders Association to discuss school capacity issues and sewer allocation issues. The joint meeting of the County and City Planning Commissions last week brought forth a proposed rezoning in the Howell Road area and the possible realignment of the intersection of Mount Aetna Road and Dual Highway. The joint planning commissions wanted final information from the County on its plans for realignment of the portion of the intersection that lies in the County in order to see how it matches up with the City's plan to build Paul Smith Boulevard from Edgewood Drive to Mount Aetna Road. Public Works Director Gary Rohrer said that the current project is in final design stage and the plan is to have two left turning lanes into Mount Aetna eastbound, and two right lanes into dual highway westbound. To realign that road with the proposed city street would add significant costs to the project and require purchase of various right of ways which may take some time, Rohrer said. Rohrer will meet with the City's staff to discuss the City's plans for Smith Boulevard and report back to the Commissioners. Kercheval also reported on the successful Business Awards event held by the Economic Development Commission and the Chamber of Commerce.
Commissioner Dori Nipps commented on a recent meeting of the Community Action Council Board and a discussion of the proposed Flush Fee exemption with CAC Director Dave Jordan. The County would like to initiate such a rebate of the state-imposed fee for those homeowners who would qualify. Nipps said the state criteria for a rebate specify that persons own the home, occupy the residence and are eligible for the Energy Assistance Program. CAC is working on how to implement such a program, Nipps said. The Greater Hagerstown Committee, Chamber of Commerce and CHIEF held a meeting to report on the day of lobbying in Annapolis recently. County staff made excellent presentations to that meeting, Nipps said.
Commissioners' President Greg Snook told the Board that last week's meeting in Annapolis with MACo discussed bills under consideration by the legislature. There have been $3.4 Billion in requests for school construction funds statewide over the next 5 years, Snook said, and those construction costs are expected to escalate by 12-20% during that period. Minority Leader George Edwards told that meeting that there is a good chance that Counties will receive full funding for Program Open Space this year, but legislators are still seeking $100 million in cuts to the Governor's budget. The Highway User Fund budget is expected to be cut again this year, but County budgets for County Highways operations are not dependent on this revenue source. A bill has been introduced to extend the life of Enterprise Zones by three years, Snook said. The Washington County Roundball Classic, featuring High School all-stars will be held March 17th. A feasibility study on wet labs at Hagerstown Community College is available for review, Snook said.
REPORTS FROM COUNTY STAFF
County Real Property Administrator Joe Kuhna requested approval to subdivide 4.5 acres of land containing dwellings in the French Lane area from the 37 acres that the County owns in order that the property can be sold. The proposal included approval to advertise sale of that property, which includes a stone farmhouse that is on the County's historic register. Sale of the property is supported by local Historic Commissions. Public Works Director Gary Rohrer commented that the County does not have the ability to restore the house like the private sector, and commented on vandalism problems at the site. The Board reached a consensus to move ahead with the plan, with Commissioner Wivell abstaining.
LIVABILITY CODE
County Attorney Richard Douglas, Permits and Inspections Director Dan DiVito and P&I staff brought this matter before the Board. DiVito said that this would be the first major rewrite of the Livability Code since its adoption in 1988. The Code governs such things as the minimum requirements for a residence in terms of heat, water, power, and sanitary facilities that must be in place in order for it to be approved for occupancy. State law requires local jurisdictions to either adopt such a code that is compliant with the statute, or enforce the state model code. The revised version of the Code was adapted from Baltimore County and complies with all of the minimum requirements of the statute with amendments to date. The document would refer to the International building codes that the County adopted last year. Responsibilities of Landlord and Tenant would be better defined, and the appeals process would be formalized. The code conforms to state regulations and guidelines, and provides that violators could be taken to District Court. Coordination with the Health Department and other County departments would be assured, DiVito said. The measure would be taken to Public Hearing even though it is not required, due to the 18 years since the code was put into place and revised building codes adopted since that time. Towns that have adopted the County's code would need to make changes in municipal codes as well. The document will be amended and brought back to the Board for further review.
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.
Tamara Osterman of the PenMar Association of Realtors commented on the proposed Public Hearing for the Livability Code and commented on the need for Landlord notification in code proceedings.
Harry Soffley of Hagerstown requested information on the Robinwood/Edgewood corridor traffic project and the State Property Tax Assessment process. Commissioners' President Snook explained the proposed plan for traffic flow in the area, and also commented on the bill before the legislature that would reduce the property tax assessment cap from 10% in Washington County to 5%.
OTHER BUSINESS
County Attorney Issues: County Attorney Issues: County Attorney Richard Douglas brought the latest revision of the Westfield agreement to the Board for adoption. Douglas told the Board that the latest changes to the document extended the time to ten days after execution of the agreement to provide a deed for the school site to the Board of Education; eliminated a reference to an exhibit in paragraph 2; corrected a several references to the developer; added the words “until the total $4.498 million has been exhausted” to a sentence in paragraph 3 dealing with credits for the advance payment; changed the phasing schedule to provide for recording of lots and issuance of building permits separately in paragraph 4 in light of the advance payment; added the words “and building permits not issued” to the first sentence of paragraph 4(a); added a footnote to the phasing schedule in paragraph 4 to clarify that 346 lots could be approved for recording in 2007 in exchange for the advance payment but that building permits would be granted only in accordance with the phasing schedule. The measure was approved by a 3-1 vote with Commissioner Wivell voting "no".
Senate Bill 475 is enabling legislation that would allow local corrections officers to participate in the state retirement system. Some counties' detention center officers are in the State pension system, while some are County employees. Senator Don Munson asked for the County's position on the matter. The County's current pension plan has better benefits than the state plan, and the Commissioners were not in favor of the bill, as it would apply to Washington County.
House Bill 1075 that would change the Homestead tax credit and place a cap on assessments would not go into effect until 2007 unless it is amended to take effect earlier. Commissioner John Munson requested that the bill be amended so that it would go into effect in July 2006. The bill has not been heard as yet, and amendments would not be added until after the first hearing.
The Board took no position on a request for support of House Bill 672 for regulations of Gangs and Criminal Activities that would increase penalties for Gang activity, as they had not had time to review it.
Appointments to Boards and Commissions: County Clerk Joni Bittner brought a request from the Disabilities Advisory Committee for reappointment of Sondra Funk of Clear Spring for a second three-year term. The measure was approved by unanimous vote. Bittner brought a request from the Emergency Services Department, that Linda Irvin-Craig be appointed to the Fire & Rescue Communications Advisory Board to fill a citizen-at-large vacancy for a three-year appointment. The measure was approved by unanimous vote. The Area Agency on Aging Advisory Council requested that Lorna Thomas be appointed to the to fill an unexpired term on that Board as a representative from the Washington County Hospital. The measure was approved by unanimous vote
EXTENSION OF TIME FOR MUNICIPALITIES TO ADOPT THE ADEQUATE PUBLIC FACILITIES ORDINANCE
County Attorney Richard Douglas brought a resolution granting extension of time for municipalities to adopt APFO ordinances in compliance with Section 2-701 of the Code of Public Laws of Washington County, as amended in Chapter 598, Acts of 2005. On January 10, the Commissioners extended time for municipalities to adopt APFOs in compliance with the statute to 120 days after the adoption of the latest version of the County’s APFO, on November 1, 2005. Time will run out on May 1st and the City of Hagerstown has stated that it cannot meet the deadline without an extension. The previous resolution provided that any municipalities adopted a compliant APFO before the deadline would be entitled to the “municipal share” of the building excise taxes collected in the municipality. Refusing to grant the extension would cut off the rights of some municipalities to recover the municipal share of building excise taxes collected in their jurisdictions, increasing the County’s share. Douglas said that the City's APFO is under review by the Legal Department and that the Town of Clear Spring has yet to submit its APFO plan. The measure was approved by unanimous vote.
BOONSBORO REDEVELOPMENT RESOLUTION
County Attorney Douglas also brought a resolution to the Board for the Town of Boonsboro asking that the County find property in the Town that is zoned “Town Center” under the Town’s Zoning Ordinance, to constitute a “redevelopment area” within the meaning of the County Building Excise Tax Ordinance (BETO), making construction in the area exempt from the building excise tax. The purpose of the resolution is to encourage development in that area. The Commissioners have previously approved a similar resolution for the Town of Smithsburg and, in the BETO an area was designated within the City of Hagerstown. Discussion took place on allowing Residential and Commercial exemptions in the same document. Boonsboro Mayor Skip Kauffman told the Board that the proposal would encourage property owners to revitalize the Town Center area. The measure was approved by unanimous vote
CONTRACT AWARD: PEOPLETOOLS SOFTWARE UPGRADE
County Purchasing Agent Karen Luther and Paul Armstrong of the Information Technologies Department brought this request, to approve a contact for upgrade of the County’s PeopleSoft PeopleTools V8.47 comprehensive budget, finance and human resources management software, to the Board for approval. The award is recommended to Maximus of Rancho Cordova, California at the total lump sum amount of $34,000.00 for provision of training and upgrade services. Maximus was previously known as Carrera, Inc. and was the company that provided initial implementation and training services to IT.. The County is currently on V8.43.10 PeopleTools, supporting V8.8 SP1 of the PeopleSoft Human Resources Module, V8.4 SP1 of PeopleSoft Financials, V8.8 of PeopleSoft CIS Utility Billing, and V8.8 SP1 of PeopleSoft Budgeting. In order to upgrade the applications to the latest revisions and maintain technical support from Oracle, the platform must be upgraded. On-site technical consulting, training and instruction for the IT staff members on how to upgrade and maintain the PeopleSoft platform would be provided. The measure was approved by unanimous vote
THE BOARD HEARD THE WASHINGTON COUNTY MUSEUM OF ART'S BUDGET REQUEST AT THE NOON HOUR.
William Plavcan, President; Katie Fitzsimmons, Chair of 75th Anniversary Committee; Amy Blank, Museum Educator and Joseph Ruzicka, Museum Director presented the Washington County Museum of Fine Arts' (WCMFA) budget request for Fiscal Year 2007. The Commissioners heard WCMFA request a FY 2007 allocation from the County of $215,000, an increase of $78,590 or 57.6 %. FY 2007 marks the 75th year of community service by the Museum. $50,000 of the requested allocation would underwrite free community-based activities, such as the Festival of the Arts on September 16th, a free recital September 17th by Anna Singer, the museum founder’s grandniece, and the Public School Art Exhibition in the spring of 2007. In addition, FY 2007 marks the 25th anniversary of the Maryland Symphony Orchestra, which will partner with the museum on several programs. WCMFA will put the remainder of the requested increase towards funding a full-time Educator. Since 1931, the Museum has been dedicated to art appreciation and studio education. Increased collaborations with the Board of Education, the MSO, the Washington County Arts Council, and the Washington County Free Library would take place. All budgets will be reviewed by the Board prior to the Public Hearing set for April 18th.
COURTHOUSE RENOVATION PROJECT
Public Works Director Gary Rohrer and Gary Pozzouli, Project Manager brought a review of the Court House Renovation Project and request for changes to the contract regarding the Prisoner Elevator and Access Ramp. Rohrer requested that the Board authorize the subject work to proceed under the terms of the contract as a Construction Change Directive. Both the Sheriff's Department and Circuit Court have requested the addition of a prisoner transport elevator requiring a major change in scope to the original contract. The original plans for the new prisoner access ramp could not be built as designed and required major revisions. Rohrer told the Board that the opportunity for redesign has been used to reduce the impact of the cost. Because of the physical constraints imposed on the ramp, the new design includes a snow melt system that would reduce the County’s liability while simplifying winter maintenance. Both of the Contractor’s proposals include compensation for mark-ups outside of the contract conditions. Because time is of the essence in completing these two activities, Public Works strongly recommended that the Board exercise the County’s right under the terms of the contract and authorize the Contractor to proceed with the work while the issue of compensation is resolved at which time a formal Change Order would be issued The elevator request was prompted by a review of Court House security issues following the shootings last year at the Atlanta Court House. The new elevator requires extensive work including selective demolition of an old transformer vault to be replaced by a new masonry and steel security vestibule, relocation of several condensing units and other HVAC equipment, possible sheeting and shoring to construct a foundation at basement level, a shaft rising three stories above the street, plus the elevator equipment and hardware. The project has brought attention to the need for substantial third floor mechanical/electrical and architectural renovations that were omitted from the original contract documents and is estimated to be $25,000. The Architect has completed the elevator design and the Contractor has provided a price proposal that includes compensation for mark-ups outside of the contract conditions and several other major price items that we do not believe will be extensive as reflected in the proposal. The recommended amount of the Construction Change Directive for the elevator is $540,363 vs. the Contractor’s proposal for $655,576. Funds would come from the current CIP budget and from the proposed CIP for fiscal year 2007. Pozzuli told the Board that the majority of the Courthouse renovation will be complete by June, but the additional elevator would extend the contract through December of this year. The measure was approved by unanimous vote.
TAX SET-OFF MEETING WITH FUNKSTOWN
The Board held its annual joint meeting with the Mayor and Council of Funkstown at 7:00 p.m. in Funkstown Town Hall, to discuss the tax set-off for the current fiscal year. The nine municipalities will receive $1.38 million in tax setoff from the County, $112,627 more than 2005. Funkstown will receive $6,057, a 10.01% increase over last year. The Tax setoffs reimburse the towns for services such as roads, parks and police, and are based on assessable tax base, taxable income and population.