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
July 18, 2006
Due to Elevator Maintenance at the Administration Building, the meeting was held in the Public Meeting Room of the Department of Water Quality Building, 16232 Elliott Parkway, Williamsport, Maryland.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner John Munson asked if an employee could be stationed at the
Highways Department on Fridays to answer telephone calls so that an answering
service would not have to be utilized. Highways works a four-day 10-hour work
week during the summer.
Commissioner Jim Kercheval commented on Public Works Director Gary Rohrer's
Eggs and Issues presentation on Pavement Management last week. The "2+2" committee
met last week and discussed Hopewell Valley economic issues. The Economic
Development Commission met for the first time under new Chair John Schnebly,
Kercheval reported. Under discussion were new clients and prospects for EDC
services, City of Hagerstown tax credits for downtown revitalization, non-residential
excise taxes, and a report on marketing efforts in FY 2006.
Commissioner Dori Nipps reported on making a presentation on the Radio Communications
system to the Williamsport Rotary Club. The Historic District Commission meeting
last week discussed new regulations that will be enforced on construction
in the "Rural Village" planning designation. The HDC will look
at construction with regard to the historic nature of the communities involved,
and approve or disapprove plans. A test case was a home built in Cascade following
a fire. Nipps said that the Commission will only take exception when plans
are "very different" from the existing neighborhoods.
Commissioner Bill Wivell asked about the status of moviemaker Ron Maxwell's
loan with the County. Commissioners' President Greg Snook said that a payment
had recently been received as part of an amortization schedule. Maxwell is
still in negotiation with motion picture companies on making another movie
in Washington County, Snook said. Wivell also asked about difficulty builders
have experienced in submitting mitigation plans to the Board of Education.
Letters were sent to 6 builders by the BOE in early July on that subject,
Commissioner Snook said.
Commissioners'
President Greg Snook told the Board that the Maryland Department of the Environment
sent a letter informing the Board that an air operating permit has been submitted
by Engineered Polymer Solutions on Elliot Parkway. The permit is for continuation
of existing operations, Snook said. Rural Development funds have been received
from the U.S. Department of Agriculture for the Cedar Springs sewer pumping
station, Snook said, in the amount of $360,000. A letter from Eric Seifarth,
Agricultural Land Planner, indicates that closing on an Individual Payment Plan
for 130 acres of farmland will take place near the end of July. That acreage
will be placed in permanent easement Snook said.
DISCOVERY STATION BUSINESS AND FINANCIAL PLANS
Discovery
Station Director Marie Byers and the organizations' Board Treasurer Dr. John
Davidson brought this update to the County Commissioners. During a previous
presentation by Discovery Station, the Commissioners requested submittal of
a financial plan and business plan for the hands-on interactive science museum. Byers
and Davidson presented both plans for the Commissioners review and consideration.
The organization showed planned budget expenditures for calendar year 2006 of
$342,150.00, but year to date revenues of $82,300.15. Only $1,550 of $100,000
corporate pledged donations have been received to date. Some state bond money
will be forthcoming to help offset expenses, Davidson said. The organization
has asked for $25,000 from the Gaming Commission and requested an additional
$30,000 from the Commissioners. The Board donated $20,000 to the museum in April.
The City of Hagerstown gave the organization $10,000 for the year. Byers said
a corporate sponsor is being sought for the museum. The organization is listed
on the "Section 1-108 list" as one of the private non-profit groups
to which the Commissioners may make direct donations of funds, and was added
to that list in 2000. The measure was tabled for further discussion.
BID AWARD: MARBLE QUARRY ROAD BRIDGE
County Engineer
Terry McGee brought this request, to conditionally award the contract to the
low bidding firm of C. William Hetzer, Inc. for the bid amount of
$748,768.05. Because this is a Federal Aid project, conditional award
is recommended, pending State Highway Administration (SHA) concurrence. Concurrence
is typically provided within four weeks of the bid date. The request also
asked for approval of a budget transfer of $173,000 to be from $138,400
federal funds and $34,600 local match from the Barnes Road Bridge project
to cover the budget shortfall. The project involves the replacement of the
Marble Quarry Road Bridge over Little Antietam Creek furthest away from Maryland
Route 67, and reconstruction of approach roadways. The work includes
grading, storm drainage, hot mix asphalt pavement, existing bridge removal,
new timber bridge construction, sediment control, and traffic control. All
permits have been received. This is a 275- calendar day contract and includes
a provision for liquidated damages of $500.00 per calendar day. Assuming
prompt bid award, the anticipated notice to proceed date would be on or about
August 14, 2006, with a final completion date of May 15, 2007. Traffic
will be detoured for the duration of the project. The measure was approved by
unanimous vote.
SEX OFFENDER AND COMPLIANCE ENFORCEMENT GRANT
Washington
County Sheriff Charles Mades brought this request, to add a line item to the
appropriate budget in order to receive the Washington County - Sex Offender
And Compliance Enforcement In Maryland Initiative Grant from the Governor's
Office of Crime Control & Prevention in the amount of $30,000 for the period
from July 1, 2006 to June 30, 2007. Mades told the Board that the program
provides monitoring of sexual offenders who are required to register or re-register
with the program. Grant funds would be used to hire a part-time office
associate to act as the Sex Offender Registrar. In addition, funds
would be used to pay overtime for a contractual sworn deputy to conduct compliance
checks and investigations. Mades told the Board that the program would benefit
the entire population of Washington County by ensuring that sex offenders are
in compliance with Maryland's laws. The measure was approved by unanimous vote.
FUEL AND VEHICLE TASK GROUP FINDINGS AND RECOMMENDATIONS
Public Transportation
Department Director Kevin Cerrone, Highways Department Fleet Manager Jack
Reynard and Human Resources Department Risk Administrator Becky McGinnis
and members of the Fuel and Vehicle Task Group (F&VTG) brought this
report to the Board. County Administrator Rod Shoop reminded the Board that
for a period after Hurricane Katrina, delivery of fuel was at risk. Shoop
and Director of Public Works Gary Rohrer formed the F&VTG in response to
high fuel prices and those potential fuel shortages. The F&VTG included
members from County and City government agencies and met to discuss the County’s
dependence on oil, the availability of fuel and the County’s ability to
function and maintain necessary services during a fuel crisis. Issues discussed
included air quality, advances in technology, hybrid vehicles and alternative
fuel sources. The presentation gave an overview of the Group’s findings
and recommendations as well as methods to incorporate newer technology into
the County’s policies
for fuel and vehicle use. Major items the group considered included• a
plan to network existing fuel sites. This was seen as possible for the entire
system with software and equipment upgrades, and is partially achievable
now at no cost using Highways locations. The group recommended developing
a plan to purchase fuel outside the network of County sites during emergencies,
but recommended further study due to need for regulatory compliance. Use
of bio-diesel and ethanol to reduce consumption of diesel fuel and gas was considered.
The Task Force said that future use could be phased in as the supply becomes
more plentiful, cost-effective and stable, but the cost of vehicles being
retrofitted to accommodate alternative fuels would have to be addressed.
Use of waste oil instead of regular fuels for standby generator systems was
researched, citing the Water Quality Department's current use of waste oil
for heat generation. This method was not recommended for generators
due to critical County operations, due to the possibility of unreliable fuel
sources and quality
. Increase of fuel storage capacity would carry with it a large capital investment.
The group recommended a request for legislative priority for fuel deliveries
in crisis situations. Jack Reynard said that the County currently has
4 months of diesel fuel in reserve and 1.6 months of gasoline. Efforts are
underway to bring the gas amounts to a 4-month level. Above-ground storage
tanks will be installed at various county facilities, starting with the Southern
Highways Section at Keedysville. A review of vehicle use included a look
at the feasibility of hybrid vehicles and alternative fuel vehicles by the
County. Test vehicles are being purchased by the Sheriff’s Office Judicial
Division but maintenance costs and fuel savings would have to be determined
after a significant period of those vehicles' use. A review of vehicle replacement
guidelines recommended further study on the cost impact of replacing equipment
at 10 years rather than 5 or 7. Hybrids would require replacement in
5-7 years the study found. A process to provide preventive maintenance oversight
and consistency drew a recommendation to form a subcommittee to explore technology
and necessary infrastructure. The task force's recommendations on review
of vehicle use and take home policies and assignments, and imposition of mileage
limits on those vehicles were to form a subcommittee to conduct a full review
of current policies and incorporate elements for efficient fuel use, alternative
fueling stations, safe driving recommendations, and standards for driving
privileges. Cost projections show little impact on take home vehicle costs
when compared to personal vehicle use reimbursement costs.. Ensuring optimum
vehicle fuel efficiency through scheduled preventive maintenance can be implemented
immediately at a minimal cost and mandated through the Vehicle Use policy,
the group found. Organization Efficiency was reviewed. The group found that
a suggestion on training by teleconferencing or seminars via the
internet would have little impact on current operations but could be useful
in the future as technology improves. A suggestion to cut down on the use
of County vehicles by filing time cards electronically found that the comprehensive PeopleSoft management
software will not be able to perform that task until a scheduled upgrade
in 2013.
Consideration of alternative payroll distribution and mail delivery would
also have minimal impact, as departments already maximize use of the time
involved. Other suggestions the task force considered included alternative
employee work schedules, such as a 10-hour day, 4-day work week. Such a schedule
is currently practiced in the Highways and Parks departments during the summer
months, and is under discussion by Permits and Inspections. Consideration
of vehicle size with regard to intended use is already a part of the budget
approval process. County Commuter bus transportation would be useful in national
emergencies and in county-wide disaster planning, the group found.
Task group members included Cerrone, Reynard, Maginnis, Rocky Bishop of the Department of Water Quality, the Sheriff's Department's Mark Faith, Brenda Lampard of Budget and Finance, Department of Permits and Inspections' Rob Smith, Director of Fire and Emergency Services John Latimer, Rodney Unger from the Solid Waste Department, Planner Jill Baker, and City representatives Eric Deike of Public Works and Budget Department Assistant Director Ray Foltz. Cerrone requested approval of the Board to have staff look into the issues in further detail. Consensus was reached to move ahead with those plans.
CITY OF HAGERSTOWN REQUEST: EXEMPTION FROM ADEQUATE PUBLIC FACILITIES ORDINANCE
FEES
Kathleen
Maher, Planning Director for the City of Hagerstown, Scott Armiger, Vice President
of Orchard Development, and Sharon Disque, Executive Director, of the Hagerstown
Neighborhood Development Partnership, Inc. (HNDP) brought this proposal before
the Commissioners. The request is for a revitalization exemption from the Adequate
Public Facilities Ordinance for redevelopment of 2.7 acres on East Baltimore
Street in Hagerstown. The Adequate Public Facilities Ordinance (APFO) of the
City of Hagerstown gives the Mayor and City Council or its designee the ability
to approve a mitigation program, subject to the approval of the Board of County
Commissioners, that allows a development to proceed in a school attendance area
otherwise designated as inadequate for development under the following conditions:
The Mayor and Council determined that approving this development benefits the
community by encouraging certain types of development that offer advantages
to the community, such as development in designated revitalization areas; renovation
of abandoned or under-utilized structures; affordable or workforce housing;
or community revitalization projects. HNDP, a non-profit community development
corporation, and Orchard Development requested a waiver from the City of Hagerstown’s
APFO for the Potomac Square redevelopment project on East Baltimore Street in
Hagerstown. This waiver request includes waiver from the APFO provision in Section
8.3A(c) requiring improvement of the school within three years. HNDP, owner
of the Massey Properties, has entered into an agreement for the sale of 2.7
acres to Orchard Development for construction of 47 town homes. Construction
would include remediation of a brownfield and alleviation of blighted
conditions created by vacant structures; the modest size of the town home units
is within the limit recommended by the Washington County Workforce Housing Task
Force; and the project would have significant impact upon the surrounding neighborhood
by adding middle income families to a Census tract with a high concentration
of poverty. No existing residence would be displaced. HNDP earnings generated
by the project will be reinvested in the community. The Mayor and Council agreed
that the project should be considered for the revitalization and instructed
staff to seek comment from the County on the exemption proposal. The Board of
Education’s Facilities Committee considered the mitigation proposal at
its June meeting, finding that the project failed the BOE’s mitigation
policy, but met the criteria for the revitalization exemption. BOE staff reported
that the area is experiencing minimal growth; that no new subdivisions of more
than 40 units are in the planning stages for this Elementary School attendance
area; that, with the opening of three new elementary schools in 2008, the BOE
would be reviewing redistricting which will affect Bester Elementary School;
that enrollment at Bester Elementary dropped from 552 students in September
2004 to 507 students in March 2006; and improvements to Bester Elementary
would add over 200 seats in FY 2010. The group said that when complete the project
will increase the assessed value of the East Baltimore Street property from
$720,732 to an estimated value of $11 million. The measure to allow a waiver
with the specific reasons for classification as a revitalization project, as
outlined by the City, as part of the approval was adopted by a 4-1 vote with
Commissioner Wivell voting "no".
OTHER BUSINESS
County Attorney
Issues: Assistant County Attorney Kirk Downey told the Board that the Hospital
Flow Transfer Agreement is ready to be signed. No decision has been rendered
by Judge Kennedy Boone as yet in the hearing challenging the Board of
Zoning Appeals decision on the Hospital location, Downey said.
County Administrator's
Comments: County Administrator Rod Shoop requested approval of a change order
in the amount of $41,568 for the elevator repair currently underway in the County
Administration Building. Buildings, Grounds and Parks Assistant Director Bob
Graff told the Board that the additional work had been anticipated. The measure
was approved by unanimous vote.
A change
order in the amount of $80,000 was requested for hiring of a Transfer of Development
Rights consultant. Planning Director Mike Thompson told the Board that the funding
had been included in the FY '06 budget and the action would move funds from
the fund balance reserve into a line item in Planning's FY '07 budget. The measure
was approved on a 3-2 vote with Commissioners Wivell and Snook voting ":no".
A presentation on land equity issues will be made at the next Commissioners'
meeting, Thompson said.
A Board of
Education budget transfer request would move $43,600 excess funds from an ADA
project at Boonsboro to an Information Technology project at Emma K. Doub Elementary
School. The measure was approved by unanimous vote.
A second
BOE change order, to move $67,165 from a boiler project to design services for
the proposed School for the Arts was held, pending information from the BOE.
Staff Comments:
Fire and Emergency Services Director John Latimer re quested
reappointment of Kingsley Poole as County representative to the Maryland Fire
Certification Board and Latimer as Alternate to that Board. Poole has served
in that capacity since 1986. The measure was approved by unanimous vote.
CITIZENS PARTICIPATION
Each week
the Board of County Commissioners sets aside time to hear from citizens of Washington
County on matters of importance to the community.
Manny Shaool
and Paul Prodonovich of Washco Development Inc. appeared to request Commissioner
intervention with the Board of Education on a school mitigation issue for a
development in Clear Spring. Commissioners' President Snook said that the Commissioners
and the Board of Education will discuss the policies.
PUBLIC HEARING: ECONOMIC DEVELOPMENT REVENUE BONDS
Bond Counsel
Timmy Ruppersberger of Venable, LLP brought this matter before the Board for
Public Hearing. The public hearing concerned proposed issuance by the
County Commissioners of Washington County of one or more series of its economic
development revenue bonds in a principal amount not to exceed $6,000,000. Proceeds
from the sale of the Bonds will be used to finance the construction of an approximate
56,875 square foot addition to the existing manufacturing plant of Packaging
Services of Maryland, Inc. located at 16461 Elliott Parkway, in Williamsport,
and acquisition of furnishings, fixtures and equipment, landscaping, roads or
other rights of access, utilities and other facilities as may be necessary or
suitable for the development. The proceeds would also be used for capitalized
interest on the bonds; funding a debt service reserve fund for the bonds; and
payment of bond issuance costs. Washington County would be only a conduit to
issue the Economic Development Revenue Bonds, which would be sold, and the proceeds
provided in a loan to Packaging Services of Maryland, Inc. There would be no
exposure for the County, in that the County would not be liable for the
payments. The issuance will have no impact on the County's borrowing limits
or financial position. Packaging Services of Maryland, Inc. will pay the
costs of the bond issue. The measure was approved by unanimous vote.
THE BOARD ATTENDED LUNCH AND TOURED THE RECREATION SUMMER DAY CAMP PROGRAM AT MARTY SNOOK PARK AT THE NOON HOUR.
DEDICATION CEREMONY: NEWGATE INDUSTRIAL PARK INTERCEPTOR SEWER PROJECT
The Commissioners,
along with Hagerstown Mayor Bob Bruchey, members of the Local Delegation to
the Maryland General Assembly, representatives of Senators Mikulski and
Sarbanes, the U.S. Department of Agriculture Rural Development Office and County
and City Water and Sewer Utility staffs cut the ribbon officially marking completion
of the interconnector project. The Newgate Industrial Park Interceptor SEWER
connects the County sewer system to the City's sewer system at the pump station
along Western Maryland Parkway. The cooperative project allows the City
to transfer some of the existing sewerage flow to the County's Conococheague
Wastewater Treatment Plant. The sewer flow transfer line took care of 500,000
gallons of flow from the Hagerstown Water and Sewer Department during the recent
9-inch rain event. Washington County, the City of Hagerstown, the U.S.
Department of Agriculture, Maryland Department of the Environment (MDE), the
Appalachian Regional Commission, and a local developer all partnered to make
the project a success. The interconnector project was one of the issues
that the County Commissioners and City Council worked on in its "2+2" committee
meetings over the last several years. The project is an outcome of the Flow
Transfer Agreement between the City of Hagerstown and the County Commissioners
that was approved and became effective in 2003. Project construction began in
September of last year, and involved installation of 6,500 linear feet of PVC
sewer pipe with some of the construction occurring in streambeds and wetland
areas. A "jack and bore" procedure allowed construction to occur under
Interstate 81. The ability of the system to handle part of the total flow caused
by inflow and infiltration (I&I) due to the so called "300-year rain" last
month was an indicator of the project's benefit in emergency situations.
ANIMAL RESCUE GROUP POLICIES/SPAY NEUTER PROGRAM
County Administrator
Rod Shoop and Humane Society Director Paul Miller brought this discussion before
the Board regarding proposed policy recommendations involving Rescue Groups
unlimited access to the County's Spay Neuter (SNAP) Program funding. Rescue
groups have made demands to have such access. Miller told the Board that the
program is set up to benefit private citizens and that unlimited access to the
funding would severely limit the availability for citizen assistance. The non-profit
rescue groups have the option of applying for private and governmental funding,
and/or either real donations or in-kind donation of services to offset their
expenses. Miller said that currently “Rescue” groups work as independent
agencies and usually specialize in a particular species, operate as 501c3 non-profit
organizations under regulation set by the State and the IRS. Taking an animal
from the “streets” eliminates that animal from reproducing, Miller
said. Rescue organizations receive discounts from vets for altering and vaccinations
and free food through the PetSmart program, donations, and the like. Non-profit
organizations can apply to the Gaming Commission or to appear on the approved
non-profit list and to national grant foundations. Local rescue sometimes operate
as an arm of large national rescue that is funded through grants, memberships
or donations Current SNAP guidelines mandate that funds cannot be used to offset
adoption surgery costs and most rescues recover expenses either in full and/or
part -through adoption fees. If all local rescues have unlimited access to SNAP
funding, the availability of funds for private individuals would be greatly
reduced, Miller said. Commissioner Bill Wivell said that a concern is where
would the animals come from. Would the program be using County taxpayer funds
to alter animals from other counties or states. Recommendations for Objectives
of the SNAP Program would be to assist individuals with
the altering of their domestic dog or cat in an effort to reduce the overpopulation
of homeless animals according to guidelines passed by the Commissioners in October
of 2005. In addition establishment of a task force was recommended in order
to develop a county wide domestic dog and cat overpopulation reduction plan,
develop a plan to ensure all dogs, cats and ferrets 4 months of age or older have current rabies
vaccinations and, to develop a financial plan and possible funding sources to
implement these plans. Miller's recommendation was to leave the policy in place
in its current form. Representatives of local rescue organizations and a Veterinary
clinic supported the recommendation, to leave the program intact for the time
being, until a task force can be formed to develop an equitable policy. The
Board reached consensus to appoint a task force to look into the issue.
HAGERSTOWN/EASTERN PANHANDLE MPO BUDGET FOR FY 2007
Planner Jill
Baker brought this request, for acceptance of grant funding for the Metropolitan
Planning Organization (MPO) office, in the Planning Department.
Each year the Federal Highway Administration and Federal Transit Authority
grants funds for the purpose of conducting planning activities for transportation
related issues in Maryland and West Virginia. The respective States
each filter money to regional authorities known as MPO's to carry out planning
activities in accordance with federal regulations. Washington County
acts as the Cognizant Agency for the Hagerstown/Eastern Panhandle MPO. Funds
are provided for planning related activities only and may not be used for
engineering or construction costs associated with transportation projects. Starting
this fiscal year the funding is provided at an 80% Federal, 10% State, 10%
Local cost-sharing ratio for both Maryland and West Virginia. The total
budget for FY 2006 is $642,457, with the Maryland share $355,460 and the
West Virginia share $286,997. Baker said that all but $16,000 of the County
Match is provided through in-kind services. The measure was approved by unanimous
vote.