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
August 29, 2006
THE BOARD TOURED LENOX DISTRIBUTION CENTER DURING THE EARLY MORNING
In an effort to stay abreast of the local business community’s needs, the Washington County Board of County Commissioners periodically tours business operations to speak with local owners and entrepreneurs. Lenox Distribution Center provides logistical support for Lenox fine china, crystal, and metal products; Kirk Stieff pewter and silver, and Dansk products
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner John Munson commented on attending Williamsport Days last weekend.
Commissioner Dori Nipps also had positive comments about Williamsport Days
Commissioner Jim Kercheval commented that Augustoberfest, held in the City of Hagerstown last weekend was a very successful event. The annual downtown festival celebrates the City's sister-city affiliation with Wesel, Germany.
Commissioners' President Greg Snook cited real estate data for January through June 2006 indicating that Washington County new housing starts have returned to levels seen in 2003, after sharp spikes in 2004 and 2005. The Maryland Department of Planning has published a pamphlet on Adequate Public Facilities Ordinances that lists needs and actions of municipalities and counties in the APFO process. Snook requested the Commissioners make a decision on the request by the Community Free Clinic for an additional $100,000 for operational needs. The City of Hagerstown has indicated it will increase its annual allocation to $50,000, and Mayor Bob Bruchey suggested the County do the same, Snook said. A motion, for a one-time donation of $50,000 from the Commissioners' Contingency Fund to maintain current levels of service at the Free Clinic for low income residents of Washington County was approved by unanimous vote. Commissioner Nipps said the decision is a good example of County/City cooperation to meet community needs.
Disabled American Veterans Forget-Me-Not month proclaimed. (L-R) Greg Snook,
Clyde Stair, Steve Hansen
DISABLED AMERICAN VETERANS' FORGET-ME-NOT MONTH
Steve Hansen, Commander of the Washington County Disabled American Veterans' Chapter 14, and DAV member Clyde Stair accepted a proclamation declaring September, 2006 as Disabled American Veterans' Forget-Me-Not month from the Board. In presenting the proclamation, Commissioner Snook said the DAV offers free services to disabled veterans and their families in filing claims for government benefits as well as resolution of problems regarding employment, health care and counseling. The DAV responds to emergency needs of families of any disabled veteran. The proclamation cites the need for a continuing sense of gratitude to those veterans who have given so much to protect and preserve the American way of life. September 2006 will see the annual Forget-Me-Not drive in Washington County. All contributions will be utilized for disabled veterans and families in the community. The fund drive will take place at several shopping centers in the County during the month.
COURTHOUSE RENOVATIONS
Public Works Division Director Gary Rohrer and Engineering Project Manager Gary Pozzouli requested budget transfers to the Courthouse Renovations Line Item in the Capital Improvement Project (CIP) Budget. The move would transfer $360,000 from the Interstate Industrial Park Storm Water Management CIP project plus $165,600 from the CIP Contingency to cover cost overruns associated with the Courthouse Renovations project. The increased costs occurred as a result of a latent condition involving asbestos on the upper floors of the structure. There have been additional costs to address unknown subsurface conditions, and extended inspection services. Rohrer said that it is necessary to transfer funds into the project to cover the estimated $560,000 shortfall. A potential for additional costs exists as demolition and excavation continues for the new prisoner elevator. The majority of the work addressed was completed to insure the health and safety of Courthouse employees and the general public. The remaining work would provide adequate protection of all concerned during prisoner transport and movement, Rohrer said. The asbestos removal project has been completed, and portions of the project should be completed in September, Pozzouli said. 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.
Robert Ebersole of Williamsport commented on farm land equity programs, stating that proof of loss of equity would need to be a part of the program, and that recent trends suggest there has been no reduction in farm land values. Commissioners' President Snook agreed, saying that data shows the value of farmlands have gone up in Washington County.
OTHER BUSINESS
Appointments to Boards and Commissions: County Clerk Joni Bittner requested approval of the reappointment of Daniel Murphy to the Ethics Commission and appointment of Monda Sagalkin to fill an unexpired term. Bittner said that Scott Schubel’s first term will expire on October 31, 2006 and said the Commission requested his reappointment. The measures were approved by unanimous vote.
Bittner also informed the Commissioners that due to the resignation of Pat Wolford from the State’s Property Tax Assessment Appeals Board, the Commissioners are required to submit names for the State’s consideration for appointment to that vacancy. Two individuals who have indicated that they are interested in appointment to this Board are Fred Kramer and Christopher McClain. In addition, that Board requested reappointment of John Martin to a second term. The measures were approved by unanimous vote.
The Commission for Women requested the appointments of Kris Hoellen, Mary Jane Koontz, Brandi Koontz, Sharon Hawkins, and Betsy Devore to that Board. The appointments were approved by unanimous vote. Commissioner Nipps commented that Brandi Koontz is 14 and a half years of age and that the appointment is the first step in bringing younger people onto that Board.
Staff Comments: Human Resources Director Dave Hankinson requested approval to advertise an Airport Maintenance Worker/Firefighter position and two Permits and Inspections positions. P&I Director Dan DiVito told the Board that the two positions, Zoning Inspector and a Building Inspector were made vacant due to promotions. DiVito said that although Residential inspections have dropped by 7.6% in 2006, Commercial inspections are up by 1.3%. 65,098 inspections have been performed by the department to date this calendar year. The measures were approved by a 3-1 vote with Commissioner Bill Wivell voting "no".
Public Works Director Gary Rohrer notified the Board that the State Department of Natural Resources Potomac Tributary Strategy Team will hold a meeting at the Water Quality Department on September 27th. Pavement Maintenance work in the southern portion of the county will be finished soon, Rohrer reported. Meetings with the Mayor and Council of Boonsboro on issues involving the Free Library branch are being held, and Rohrer will attend the Boonsboro Planning Commission meeting this week. Commissioners' President Snook said a letter will be drafted to that Town Council outlining the County's position on Library operations.
Budget and Finance Director Deb Murray distributed copies of the Final Annual Operations and Capital Improvement Budgets document for Fiscal Year 2007, which were dedicated to Greg Snook. Information contained in the book will be posted to the County website soon, Murray said.
MARYLAND COMMUNITY DEVELOPMENT BLOCK GRANT: PENMAR WATER CONNECTION ASSISTANCE
Sonja Hoover, Fiscal and Research Specialist for the Hagerstown-Washington County Economic Development Commission and Dave Jordan, Executive Director of the Washington County Community Action Council (CAC) brought an update on the PenMar Water Assistance Program before the Board. A public hearing was held on May 23, 2006 at Lakeside Hall in Cascade to consider the submission of a Community Development Block Grant (CDBG) application for the PenMar Water Connection Assistance Program. A resolution was signed by the Commissioners in May giving support to the application. CDBG funds for $206,600 have been approved for Washington County to provide needed assistance to low and moderate income households for the installation of public water in the PenMar area. CAC, on behalf of the County Commissioners, is coordinating that project. Jordan told the Board that the assistance will be in the form of 0%, deferred loans to eligible low to moderate income households. The Washington County Department of Water Quality is completing the installation of the water distribution system, including a storage facility and fire protection for the PenMar area. The PenMar project will serve a residential area consisting of 78 units, a church, and a county park. Approximately 38% of the 78 households that will connect to the system will be income eligible for assistance through the CDBG program. Eligible costs would include connection fees and related costs to hook up the housing unit to the public water system, averaging $7,800 per hookup. Jordan said that the loans would be "no payback" for qualifying homeowners that continue to live in the residence for a period of 5 years.
COMMUNITY LEGACY AREA: TAX CREDIT PROGRAM
Economic Development Commission Chair John Schnebly and Deborah Everhart, Director of Economic Development for the City of Hagerstown brought this request before the Board. Schnebly is also the Chair of the EDC Intragovernmental Committee. A recommendation that the County Commissioners adopt tax credit programs similar to the City of Hagerstown’s “Community Legacy Area” Residential Rehabilitation Tax Credit Program and Conversion of Multi-Family to Single-Family Residences Tax Credit Program was presented. The EDC Intragovernmental Committee has been working with both the City of Hagerstown and Washington County staff to develop a tax credit program for residential rehabilitation and conversion of multi-family dwellings into single-family residences in the City of Hagerstown’s Community Legacy Area. City staff introduced the tax credit programs to the Hagerstown Mayor and Council on June 20th, 2006, and the measures were adopted on July 25th, 2006. The Intragovernmental Committee proposes the Washington County Board of County Commissioners adopt similar tax credit programs to coincide with the City. If the assessment on the property increases following a qualifying improvement project, the City and County would grant a tax credit on the increase in assessment up to the maximum amount of the cost of qualifying improvements. The City would administer the program and applications would be available through the City. The measure was approved by unanimous vote.
PUBLIC HEARING: ECONOMIC REVENUE BOND FOR CONSERVIT, INC.
Timmy Ruppersberger, the County's Bond Counsel with Venable, LLP brought $5,000,000 in Economic Development Revenue Bonds for Conservit, Inc to public hearing. The public hearing concerns the proposed issuance by the County of one or more series of its economic development revenue bonds in an aggregate principal amount not to exceed $5,000,000. The proceeds from the sale of the Bonds would be used to finance equipment used in an expansion of Conservit, Inc's recycling facility on Maryland Route 65. 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 Conservit. There will be no exposure for the County in that the County will not be liable for the payments. Conservit CEO Jack Metzner told the Board that a 4,500 square foot building is being built to house the expanded operation. No one appeared to comment either in favor of or in opposition to the request. The measure, to go forward with issuance of the bonds, was approved by unanimous vote.
THE BOARD TOURED CHILDREN IN NEED AT 113 NORTH AVENUE IN HAGERSTOWN, AT THE NOON HOUR.
REQUEST FOR SCHOOL MITIGATION: CLAGGETTS MILL DEVELOPMENT
Director of Planning and Community Development Michael Thompson and representatives of Elm Street Development brought to the Board a request for Approval of a School Mitigation Proposal for the Clagett’s Mill Development under the Adequate Public Facilities Ordinance. The Board of Education (BOE) has stated the request does not meet the criteria of their current mitigation policy, which is under review. The preliminary plat for the development was approved by the Washington County Planning Commission on September 13, 2004, for a total of 238 single-family lots. In addition, final plat approval was granted for the first 87 lots and it was noted that there were a number of Adequate Public Facilities Ordinance (APFO) items that need to be addressed dealing with roads and schools. The developer has been working with the BOE and staff on ways to address school capacity issues keeping other development in the area in mind. The developer proposes to pay $1,131,000 in excise tax due on the project up front for the first 87 lots, with that money credited to the lots at the time building permits are issued. If more than 25 lots are permitted in a year then the additional $13,000.00 per unit would be paid, as stipulated in the ordinance. The project would be phased, in that the first 87 lots would be recorded this year. Building permits would be phased over 2007 and 2008, coinciding with the timetable for the opening of the new Westfield’s Elementary School, in the fall of 2008. The remaining 151 lots would not be recorded until 2009 and permits would be phased over three years starting in 2010. The developer also proposed to pay for a total of four portable classrooms, two each at E. Russell Hicks Middle School and South High School to accommodate students generated by the development. Approval of the mitigation plan would permit the development to proceed on a phased schedule and provide excise tax revenue necessary for the funding of school projects within the CIP. Board of Education representatives told the Commissioners that policies are being worked on by a subcommittee of that Board but new policies might not be available until spring. None of the Commissioners considered portable classrooms as viable mitigation alternatives. Commissioner Wivell asked that a regional approach be undertaken, and that multiple developers in a given area be allowed to participate in such a mitigation. Consensus was reached not to support the current proposal, and Planning staff should continue to work with developers in the County.
ZONING AMENDMENT: REMOVE INDUSTRIAL-MINERAL OVERLAY
Planning Director Mike Thompson and Planner Sara Henke brought a request to remove Industrial Mineral (IM) Overlay from a 20-acre parcel adjacent to Martin Marietta's Quarry, which was never mined by that company. The request also asked that the Commissioners schedule a public hearing to establish the appropriate underlying zoning for the parcel. An overlay can be removed, but the zoning reverts to the previous category. There was no underlying zoning on the parcel when the overlay was applied, in 1973. The property is designated for industrial/flex use under the 2002 Comprehensive Plan. In addition, the majority of the land in the vicinity is zoned IG (Industrial-General) with this designation abutting the property on three sides, with some Agriculture and IR (Industrial Restricted) on the other side. The applicant has also filed a rezoning request to change the zoning of the property from IM to Industrial General and this request asked for a joint hearing to be scheduled for September 18, 2006. Staff has asked if the applicant should be charged the rezoning fee as the Board needs to establish an underlying zone under the IM overlay designation. The Planning Commission requested an inquiry be made to the County Attorney in order to obtain an opinion as to the best way to proceed and that opinion would have a public hearing held prior to the Board establishing the underlying zoning classification. Consensus was reached to move to public hearing and to allow the applicant to receive full credit for fees paid.
CONTRACT AWARD: TRANSFERABLE DEVELOPMENT RIGHTS PROGRAM CONSULTANT
County Purchasing Agent Karen Luther and Land Preservation Planner Eric Seifarth brought this request, to approve a Contract Award for the services of a Consultant to Design a Transferable Development Rights Program before the Board. The recommendation was to accept the bid of White & Smith, LLC, Planning and Law Group of Lee’s Summit, Missouri for the Total Lump Sum Fee of $42,955.00. The contract would retain a consulting firm to provide design services for a Transferable Development Rights Program in Washington County. The Consultant would begin work on the project within thirty calendar days of the issuance of the Notice to Proceed (NTP). The project would be completed 150 calendar days following the NTP. Sewer capacity problems were discussed, as was bringing the measure back before the next elected Board. A measure, to not accept the award and delay until after the election was defeated by a 2-3 vote with Commissioners Kercheval, Nipps and Snook voting "no". A measure to award the low bid was approved on a 3-2 vote with Commissioners Wivell and Munson voting "no".
ELDERLY HOUSING PROPOSAL
On August 15th John Schuster of Greenspring Housing Limited Partnership brought a request for Elderly Housing support before the Board. Schuster requested that the County Commissioners agree to enter into a Payment In Lieu of Taxes Agreement (PILOT) on the same terms and conditions as those approved for Hagerstown Robinwood Senior Associates, and exempt the project from 70% of the excise tax. The request also asked for a Resolution of Support for the proposed development to the Maryland Department of Housing & Community Development. The project would build a 24 unit Elderly Housing facility adjacent to Greenside Apartments in Maugansville. 8 of the units would serve households at or below 40% of median income and would rent for $330 per month. 8 units would serve households at or below 50% of median income and rent at $450 per month. 8 of the units would serve households at or below 60% of median income and rent at a rate of $485 per month. The PILOT Agreement would reduce County real estate taxes to $200 per unit flat fee, escalated at 2% per year as opposed to payment based on assessed value and the Excise Tax would be paid in accordance with thecurrent Tax Ordinance. The Commissioners had requested additional time to review the project and promised to make a decision on the measure in time for the developer to meet a September 5th deadline. Commissioners did not concur with the PILOT, or reduction of property taxes, but supported a resolution that would be conveyed to the applicant before the deadline.
CANDIDATE SITES FOR FOREST CONSERVATION ACT PROGRAM
Elmer Weibley, Director of the Washington County Soil Conservation District (WCSCD) brought a request for approval of two projects proposed for the Forest Conservation Act program. At its August meeting, The Planning Commission recommended the projects for approval. The Hutson project on Weller Road near Hancock, would place 87 acres of existing forest under easement at a cost of $110,000.00. The Ellis project on Resley Road near Hancock would place 216 acres of existing forest under easement and plant 104 acres of new forest at a total cost of $662,000.00. The Hutson and a portion of the Ellis projects would be implemented as soon as possible using available funds. The remaining lands of the Ellis project would be completed as funds become available through collection of funds under the Forest Conservation Act. The approach would provide significant efficiencies for the Soil Conservation District in administering this program over the next several years and more than adequately meet state mandated requirements of the program, Weibley said. All costs for the project would be drawn from the Forest Conservation Fund. The measures were approved by unanimous vote.
BEAVER CREEK WATERSHED STUDY
Dr. Mike Saylor, President of the Beaver Creek Watershed Association and Elmer Weibley, Director of the Washington County Soil Conservation District presented an update to the Commissioners on accomplishments in the Beaver Creek watershed by both of their organizations working as partners and the completion of the watershed study. Future involvement of County government and citizens groups regarding natural resource conservation in the Beaver Creek watershed was discussed. Weibley showed examples of WCSCD efforts in mitigation of stream banks and buffers along Beaver Creek. The $253,594 project used funds from the County, State Department of Natural Resources, the Seneca Valley Chapter of Trout Unlimited, the Mid Atlantic Federation OF Fly Fishers, the Beaver Creek Watershed Association, and the Maryland Department of the Environment. A County mitigation project at the Landfill provided $163,831 of that total. Stream restoration and tree planting have helped remove 54,000 pounds of nitrogen from flowing into the Antietam Creek each year, Weibley said. The Black Rock Creek restoration project is next on the list, Weibley said, and will cost $369,000. Funds for a portion of that project will come from County mitigation project funding. Saylor discussed the need for cooperation by farmers along the creek to provide buffers along banks, and recommended establishing regulations for farms along that tributary. The Beaver Creek Watershed Association also recommended that the County establish a Department of Environmental Matters to coordinate conservation efforts and volunteerism. Beaver Creek should be given special status with regard to future development, Saylor said. Weibley stated he did not agree with a recommendation for regulations on the farming community, but promoted voluntary cooperation by farmers.
PERSONNEL MATTERS
The Commissioners approved filling two County positions.
Andrew Wilkinson was hired as Assistant County Attorney. Wilkinson holds a BA degree from the University of North Carolina and a JD from Emory University, has been in private practice for 8 years, and served as Law Clerk in Circuit Court.
Darryl Brown was employed as Accounting Supervisor in the Department of Budget and Finance, with a stipulation that he become a CPA within 4 years. Brown was ranked top among 9 candidates. He has knowledge and experience in day-to-day accounting within a corporate setting, experience with payroll, billing, fixed asset, and all other accounting processes.