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
April 24, 2007
THE BOARD ATTENDED GROUNDBREAKING CEREMONIES FOR THE new MAUGANSVILLE elementary school DURING THE MORNING
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner
Jim Kercheval reported on the recent trip by Commissioners and staff to New
York City to make this years' bond presentation to the bonding authorities.
Washington County is very well received by all three agencies, Moody's, Standard
and Poor's, and Fitch. The County was commended for its conservative fiscal
approach and budgeting process, specifically not including higher than normal
revenues from the housing market into the operational budget. Also noted was
the County's comprehensive set of fiscal policies and the County's record for
adhering to those policies. Companies cited the GASB-45 accounting requirements
that are close to full funding as a sign of positive financial responsibility.
Overall management of Washington County budgets was rated as very strong by
the agencies. Fort Ritchie development and the Hagerstown Community College
Wet lab incubator were seen as positive signs of a diversifying local economy
and agencies noted that when more higher wage jobs are created, the County's
standing for bond rating increase will improve. Kercheval commended Budget and
Finance Director Debra Murray and her staff for its diligence in budgetary matters.
Opening day of Federal Little League last weekend was very well attended, Kercheval
said. A meeting with Boonsboro officials and developers was held to discuss
annexation issues. A new wastewater treatment plant is being constructed by
the Town, through state loans, grants and USDA bonds. The Town is seeking express
approval from the County for those annexations, due to a deadline required to
secure the financing structure for the bonds. The issue will come before the
Commissioners in late May as an agenda item. The developers in attendance
discussed options for developer-funding of a new Elementary School to handle
the new students created as well as funding Warrior Blvd construction and a
portion of the new wastewater plant.
Commissioner Bill Wivell reported on attending the ribbon cutting ceremony for the greenhouse at Marshal Street School and his tour of the facility. The Commissioner commended Principal Fran Murry and the faculty and staff of that facility for their hard work and dedication to children with special needs.
Commissioner Kristin Aleshire commented on the Boonsboro annexation issue. The County sent a letter to the Mayor and Council in January stating a willingness to work cooperatively. Emails from residents have been received regarding what is being perceived as a "budget cut" for the Free Libraries in FY 2008. Aleshire reiterated his stance that the requested increase of $250,000 be awarded at 50% of the requested amount, with additional funding possible if agreement can be reached on maintenance of the branch libraries. A meeting with Library officials is set for Thursday, Aleshire said.
Commissioners' President John Barr commented on attending the Celebration of Education at Bester Elementary School and commended staff there for doing a good job.
PROCLAMATION: NATIONAL COUNTY GOVERNMENT WEEK
Commissioners'
Vice-President Terry Baker presented a proclamation designating April 22-28
as County Government Week in Washington County. National County
Government Week is commemorated across America. The theme of this year's recognition
is "Protecting the Environment". Washington County and its Communities
work together in many ways to protect and enhance the health, welfare and safety
of our citizens in sensible and cost-effective ways. With proximity to the Potomac
River and its tributaries, Washington County has a duty other counties in the
region may not have, that of making sure that environmental protection standards
are followed to the letter and beyond to help protect not only the various local
watersheds, but also the Chesapeake Bay. County Administrator Greg Murray played
a part in formulating standards for reduction of environmental nutrients that
affect the fragile ecosystem that is Chesapeake Bay through his work with the
Governor's Office and the Local Delegation to the Maryland General Assembly
on Senate Bill 320, the Chesapeake Bay Restoration Act, and as an appointed
member of the Governor's Bay Restoration Fund Advisory Committee. The Department
of Water Quality worked closely with the Environmental Protection Administration
and the Maryland Department of the Environment to improve the quality of wastewater
processed by all County treatment facilities and ensure the quality of water
supplied to customers on the County system. The Department of Solid Waste strives
to meet and exceed all state and federal environmental guidelines in its construction
and management of landfill facilities. Working with the Maryland Department
of the Environment, Solid Waste staff make sure that proper disposal of County-generated
trash is carried out on a daily basis. Recycling of paper, plastics and metals
mean greater landfill life, and special events such as Tire Amnesty Day and
E-Recycling of computers and other electronic items help prevent contamination
of soil and water, and eliminate areas where disease-bearing insects thrive.
Land Preservation Planners also do their part, by facilitating preservation
of forestlands and promotion of re-forestation programs through the conservation
process. Development of clean air plans and monitoring of air quality is also
part of the Department of Planning and Community Development's duties in helping
keep pour environment clean and safe. Engineering assists in the effort by reviewing,
approving, and inspecting all stormwater management ponds constructed. protecting
water quality and reducing local flooding associated with the effects of land
development through the use of best management practices. Environmentally safe
land, air and water are vital to our County. So much so that the County
Commissioners are moving forward with new initiatives like the creation of a
Division of Environmental Management that will help evaluate new processes such
as alternative solid waste disposal methods, enhanced recycling programs, and
environmental strategies that allow Washington County to further meet the goals
of State Tributary Strategy initiatives for overall basin-wide nutrient
management strategies. In presenting this proclamation, the Commissioners ask
that all County citizens do their share in preserving our County's quality of
life by helping to maintain and improve our environment through proper management
of air, water and land resources. National County Government Week (NCGW) is
an annual celebration of county government. First held in 1990, the goal of
county government week is to raise public awareness and understanding about
the roles and responsibilities of the nation's counties.
AMENDMENTS TO NEW JOBS TAX CREDIT ORDINANCE
Assistant
County Attorney Andrew Wilkinson and Cassandra Latimer, Deputy Director of the
Economic Development Commission brought this request before the Board. The County
Attorney’s Office and EDC proposed amendments to the New Jobs Tax Credit
Ordinance in order to fix possible ambiguities in the current Ordinance. The
Ordinance gives businesses creating new jobs and building or renovating business
space certain tax credit against real property and business personal property
taxes for a period of 6 years if requirements are met. One company, Mountainside
Teleport, has taken advantage of the New Jobs Tax Credit Ordinance in the past. However,
Mountainside Teleport failed to maintain the required criteria for the requisite
time period. This Board authorized recapture of some of the credits previously
provided. In dealing with the Mountainside Teleport issue, the County
Attorney’s Office and EDC recognized potential ambiguities in the Ordinance
and propose revisions to resolve the issues. 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.
Donovan Corum of Hagerstown discussed the Transfer of Development Rights and Urban Growth Area rezoning issues, and stated that both being discussed at the same time was positive for the County.
John Himes of the Sandy Hook area commented on road and development issues.
OTHER BUSINESS
Appointments
to Boards and Commissions: County Clerk Joni Bittner brought a request from
the Adult Public Guardianship Review Board (APGRB) for the reappointments of
Ann Kendall and Sandra Weaver to the Board. This would be the second
term for Ms. Weaver and a third term for Ms. Kendall. The APGRB is also
requesting the appointment of John Kenney for a three-year term as the representative
from the Department of Social Services. The measures were approved by
unanimous vote.
County Administrator's Comments: County Administrator Greg Murray told the Board that a Character Counts conference will be held on Wednesday and Thursday of next week and that the keynote speaker will be Michael Joesephson, a founder of that movement. A local Government Exchange workshop is scheduled for May 16th, hosted by the Maryland Extension Service. The topic will be information sharing about Agriculture for Western Maryland Counties. Commissioner Kercheval will address the gathering on growth issues, along with representatives of the University System of Maryland, and the Maryland Department of the Environment.
Reports from County Staff: Director of Special Projects Gary Rohrer presented a spreadsheet of highway transportation priorities rated by funding agency to the Board. Commissioner Aleshire had requested such a breakdown by Federal, State, County and City/County criteria. Rohrer said the list was developed to explain where new roads would be built if funding were not an issue, in response to a Maryland Department of Transportation May deadline.
Buildings, Grounds and Parks Director Jim Sterling reported that the Washington County Girls Softball League will open play this weekend at Kemp's Mill Park.
Acting Human Resources Director Dee Hawbaker recommended advertisement of an Engineering Tech II position due to a transfer. The measure was approved by unanimous vote.
TRANSFERABLE DEVELOPMENT RIGHTS STUDY
Land Preservation Planners Eric Seifarth and Holly Thibault, Consultants Tyson Smith and Jim Nicholas of White & Smith, LLC/Planning and Law Group brought this preliminary report to the Board. Transfer of Development Rights (TDR) programs shift development from important agricultural areas to designated growth zones closer to municipal services. The programs provide market incentives for developers to purchase TDR credits from willing landowners. TDR programs also offer a low-cost mechanism for agricultural land protection that doesn't rely on public funding. Washington County first began considering TDRs in 1990, but concerns about implementing a program resulted in a Board of County Commissioners appointed committee instead opting for stepped up purchased easement efforts. With easement values on the increase, the Commissioners approved hiring of a TDR consultant to develop possible options for Washington County. The report stated that estimated TDR value would be about $10,000 per TDR. Three Pressure Zones, which run generally north-south, and have experienced varying levels of development pressure were identified. The easternmost zone experienced the most pressure, while the westernmost had the least. An evaluation of whether TDR values vary in accordance with these "pressure zones” would be useful, the report states. Sending Areas and Receiving Areas were discussed. Conclusions included that a TDR program is both a short-term and a long-term tool. The First goal would be to structure the program so that TDRs are used immediately.
Second, the study recommended
that a TDR program become part of the County’s long-term planning framework.
Future rezoning requests and market increases in demand should be considered
in light of the TDR program, the study said. Commissioners discussed the
process for determining the findings, and requested further time to evaluate
the report.
PUBLIC HEARING: NON-PROFIT PROGRAMS
County Attorney
John Martirano, brought these requests before the Board.
Three organizations have applied to be added to the list of nonprofit organizations
to which the Board of County Commissioners may contribute funds, pursuant
to Section 1-108 of the Code of the Public Local Laws of Washington County,
Maryland.
This public hearing is being held to consider requests made by The Exchange Club Parent-Child Center, Inc., Antietam Healthcare Foundation, Inc., and Washington County Leadership Development Program, Inc. to be added to the list. The approval by the Board of County Commissioners of the request of a nonprofit organization to be added to the list does not assure that the organization will receive funding from the Board. That decision is made separately as a part of the budgetary process. The decision of the Board on the requests need not be delayed for 10 days. Representatives of the three groups made comment in favor of the additions. No one appeared to give comment from the public, and no comment was received in writing. The measures will be taken to a vote at a later date.
VICTIMS RIGHTS WEEK PROCLAMATION
Commissioners'
President John Barr presented a proclamation to States' Attorney's Office
Victims Rights Coordinator Jill Ritter and staff designating April 22-28 as
Victims' Rights Week in Washington County. This annual commemorative week, first
marked in 1981, allows Washington County to demonstrate its support for crime
victims and those who serve them. It also educates our citizens about violence,
victimization and the importance of support for victims’ rights and services.
The proclamation lends official recognition to the important work of helping
crime victims and serving their needs.
CONTRACT AWARD: COMMUNITY PLANNING AND RESOURCE DEVELOPMENT CONSULTANT
County Purchasing
Agent Karen Luther and Kathy Saxman, Project Coordinator for the Washington
County Community Partnership for Children & Families (WCCP) brought this
request to the Board, to award a contract for providing the subject services
to the responsive, responsible proposer, Shattuck & Associates, Inc. of
Mt. Airy, MD, for the total amount of $100,000.00, as approved by the WCCP Board.
The purpose of the Request for Proposals was to contract with a Consultant who
would complete a comprehensive, community-wide needs assessment, assist
the WCCP in strategic planning and research, identify and write grant
proposals for sources of local, State, federal and private funding that will
address community needs identified during the needs assessment and strategic
planning process. The Consultant would fulfill the requirements contained
in the WCCP's Summary of Concept Ideas for the use of carry forward funds from
the State of Maryland through the Governor's Office of Children (GOC) which,
in turn, is acting through the WCCP. The measure was approved by a 3-1-1
vote with Commissioner Wivell voting "no", and Commissioner Aleshire
abstaining.
INTERGOVERNMENTAL PURCHASE: SERVICE BODY TRUCK
County Purchasing
Agent Karen Luther and Department of Water Quality (DWQ) Maintenance Superintendent
brought this request, to authorize by Resolution an intergovernmental cooperative
purchase of a 2007 Dual Rear Cut-away Service Body Truck for use by the DWQ
from Criswell Chevrolet, Inc. of Gaithersburg, MD in the amount of $32,028.98
via a contract of Montgomery County, Maryland Funding
in the amount of $38,000 is budgeted in the DWQ’s FY '07 budget
for the purchase. The request was approved by unanimous vote.
REZONING APPLICATION: ANTIETAM INVESTMENTS LLC AND SHELDON EBY
Senior Planner
Steve Goodrich, and Assistant County Attorney Kirk Downey brought RZ-06-016,
an Application for Rezoning from Antietam Investments, LLC and Sheldon Eby before
the Board for discussion. The applicant has requested that the property, 3.1
acres located near the intersection of Virginia Avenue and Massey Boulevard
be rezoned from Residential, Urban (RU) to Business, Local (BL). A joint
public hearing was held on this rezoning request on January 22, 2007. This
matter is now on the agenda for discussion by the Board of County Commissioners
on the issue of whether to grant or deny the rezoning. The matter comes to the
Board without a recommendation from the Planning Commission. Planning staff's
conclusion was that the BL zoning for the site is inconsistent with the County
Comprehensive Plan. The Planning Commission tied 3-3 giving no recommendation.
Commissioners' discussions centered on need for adequate buffers between proposed
development and the existing neighborhood. Comment was made that in extending
Massey Boulevard several years ago, significant change was made to that neighborhood.
The need for additional buffering if construction height is increased was also
discussed. Conditions will be added to the amendment, and Attorney Downey will
bring findings of fact back to the Board at a later date for approval.
SCHOOL MITIGATION PROPOSAL: ELMWOOD FARM DEVELOPMENT
Planning
Director Mike Thompson and Scott Miller, representing Elmwood Realty, L.L.L.P.,
brought this request for Approval of a School Mitigation Proposal under Section
9.1 of the Adequate Public Facilities Ordinance for the remaining phases of
the Elmwood Farm Development before the Board. In 2004 the developer received
preliminary plat approval for the Elmwood Farm development located on Kendall
Road and a final plat was approved for Phase I of 39 lots in 2005. Final
plats were submitted for approval of the remaining four phases in 2006. In July,
2006 the final plat for Phase II was approved by the Planning Commission upon
receiving input from the Board of Education stating that capacity existed for
the students generated by the additional 35 lots; however, the BOE could not
recommend approval of any additional sections until additional school capacity
was found or an acceptable mitigation plan was approved by the Board of County
Commissioners. The total development consists of 173 lots according to the developer,
one less than originally approved by the Planning Commission, all single-family
detached units. The Board of Education was invited to comment on the proposed
mitigation plan and stated that it cannot support further enrollment growth
in the feeder pattern from new residential growth. Fountain Rock Elementary,
Springfield Middle, and Williamsport High School serve the development. The
developer is proposing a dual approach in the mitigation plan. Phasing is being
proposed for the remaining 98 lots consisting of no more than 35 building permits
per year with no building permits being issued prior to May 31st, 2008. This
would in essence be a build out of three years for the future sections beginning
in 2008. The second aspect of the applicant’s proposal is the payment
of a mitigation fee over and above the standard excise tax. The developer is
offering to pay $18,000.00 per lot for the remaining 98 lots. This would be
today’s $13,000.00 excise tax and an additional $5,000.00 for school mitigation. The
proposal is to pay $1,234,800.00 of the total obligation in three annual installments
of $411,600.00 beginning June 1, 2008 and to pay $5,400.00 at the time of issuance
of building permits for each of the lots. Staff’s suggestion would be
for a payment schedule to be established for the payment of the $5,000.00 per
dwelling mitigations fee, at the time of plat recordation, with the standard
excise tax being collected for each dwelling at the time of building permit.
The measure was compared to other similar mitigations, including the recently
approved Claggett's Mill development, which agreed to pay $22,000 per unit in
mitigation costs, and additional sums if the County Excise Tax rate should increase.
The Board will take the matter under advisement and render a decision at a later
date.
YOUTH MERITORIOUS AWARDS
Commissioners' President
John Barr presented Youth Meritorious Awards to Joel Bates of Clear Spring
Middle School and Megan Duckworth of E. Russell Hicks Middle School. Joel ,
son of Debra
Rauer is 8th Grade Student, Clear Spring Middle School, and has been on both
the Distinguished honor and honor roll many times throughout middle school.
Joel helps others with work they don’t understand, stands up for what’s
right even under pressure, gives compliments when others do right, encourages
others when they are down and helps with his mother’s daycare. In the
community, Joel visits nursing homes, picks up trash along the street, and
plays an instrument in church. His teachers say Joel is a kind person to everyone
he knows.
Megan Duckworth, daughter of John and Tina Duckworth is an 8th Grade Student, at E. Russell Hicks Middle School. Megan has been a member of the Distinguished honor roll and honor roll throughout middle school, has been selected for 2 years for the STARS program, and has taken merit classes throughout middle school. She is a point guard for the basketball team and a team leader. She has assumed leadership roles in children's programs her church . In the community Megan volunteers time to help her father with his work, and volunteers time at her church. Her teachers say Megan is a very polite, energetic and interesting young lady. The Washington County Community Partnership selects outstanding students each month based on academic, leadership and community service criteria.
URBAN GROWTH AREA ADVISORY COMMITTEE CANDIDATES
Department
of Planning and Community Development Senior Planner Steve Goodrich brought
this request before the Board, to Select Urban Growth Area Advisory Committee
members from list of candidates and determine assigned tasks. The
Commissioners directed staff to collect the names of citizens interested
in serving on an urban growth area rezoning advisory committee. Staff solicited
input from 21 organizations and also received nominations as a result of a press
release and news items on the County’s web page. 23 names were received. Also
to be determined is the Committee’s assignment. As an advisory committee,
staff suggested that the primary role be that of review and recommendation of
staff’s final proposal for the rezoning in the Urban Growth Area, the
proposed changes to the applicable text of the Zoning Ordinance and the application
of zoning designations to properties in the growth area. Another assignment
could include attendance at citizen public input meetings with the intent of
making recommendations based on citizen remarks. Also, a review of Subdivision,
Zoning and Adequate Public Facilities Ordinances to identify land use related
obstacles to affordable housing and to identify opportunities for streamlining
in those regulations as incentives for development in the growth area could
be a duty. The advisory committee might also be given the task of identifying
transferable development rights receiving areas in the UGA if the decision is
made to create a TDR program. The Committee would be the logical choice
to begin to implement the recommendations of the workforce housing task force
regarding manufactured housing design guidelines and inclusionary zoning. Of
course, the County Commissioners may have subjects or tasks of their own creation
that could also be assigned. Staff stressed that it is not recommending
that an Advisory Committee is needed, only that if it is desired, it should
be formed at the beginning of the urban area rezoning project, not at the end. An
advisory committee would not be a substitute
for citizen input or existing Comprehensive Plan guidance, Goodrich said. Discussion
centered on direction staff should take regarding rezoning of only the Hagerstown
Urban Growth Area, or of all municipal growth areas. The measure will be rescheduled
for further discussion.
GENERAL FUND BUDGET DISCUSSIONS
Human Resources
Acting Director Dee Hawbaker brought this additional look at Personnel requests
for Fiscal Year 2008 before the Board. In last week's review of those requests,
a Geographic Information Systems (GIS) Database Administrator position in the
Information Technologies Department was put on hold, pending further review.
IT Director Ron Whitt and GIS Manager Bud Gudmundsen provided additional information
on the position and the interaction the position would have with County departments.
Consensus was reached to move the position into the budget and take it to Public
Hearing. The Division of Fire and Emergency Services (DFES) requested 12 Advanced
Life Support Technicians, to staff Emergency Medical Services' companies under
Phase I of the EMS Master Plan, and one Deputy Chief position to oversee those
positions. A number of members of the Washington County Volunteer Fire and Rescue
Association, as well as members of DFES appeared to offer information
and support for the positions. The Board had requested the number of ALS personnel
be reduced to 9 in last week's meeting. Discussion centered on response times
and duty hours with Fire and Rescue Association members requesting all 13 positions
be funded.. Following debate on the issues, the Board reached consensus to fund
9 positions on July 1st, with the remainder of the request placed in a "set-aside" fund
until further review of the success of Phase I of the plan can be cponducted.
County Administrator Greg Murray told those assembled that the $750,000 total
cost for personnel was the largest single baseline request funded in the General
Fund budget this year, and that with equipment and vehicles in the Capital Improvement
Fund, the request is over $1 million. All budgets will be reviewed prior to
the FY '08 public hearing set for May 8th at 7:00 p.m. in Kepler Theater at
Hagerstown Community College.