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
September 25, 2007
County/City hazardous materials response drill at RC Willson Water Plant in Williamsport on 9-22
ADOPTION OF FALSE ALARM ORDINANCE
Assistant
County Attorney Andrew Wilkinson, Colonel Randy Wilkinson, Major Sam Billotti,
and Sheriff Doug Mullendore brought this request, to approve the False
Alarm Ordinance and set fees and fines before the Board. A public hearing
was held on September 11th, 2007 as required by enabling legislation, the record
was left open for ten days to receive written testimony from interested citizens.
The Sheriff’s Office arrived on scene to over 2,200 false security alarms
in 2006. Reduction of false alarms would mean savings to the Sheriff’s
Office. The Ordinance was reviewed by alarm companies and received
the endorsement of the Maryland Burglar and Fire Alarm Association (MBFAA),
representing 75 alarm dealers in Maryland. The fees must be set by the County
Commissioners. The initial draft of the Fee Resolution had suggested an
Appeal Fee of $35.00; an Alarm User Permit fee for Residential use
at $30.00; an Alarm User Permit for Non-Residential use at $30.00; a Business
Permit at $100.00; a Reinstatement Fee of $35.00; a fee for Response Requested
to Non-Permitted Site by Alarm User of $50.00 The fine structure for False Alarms for
a Residential Alarm User Permit Holder would be a warning for up to 2 in a calendar
year, $30.00 for the third, and $45.00 for each subsequent false alarm.
Non - Residential Alarm User Permit Holders would receive warnings for up to
two in a calendar year, the 3rd in a calendar year would result in a $50.00
fine and each subsequent false alarm would be fined at $75.00. Fees associated
with the program would be expected to pay for operation of
the program. Discussion centered on a one-time registration fee. The measure
was postponed in order to work with the City and other municipalities to make
ordinances consistent, and to improve public awareness of what the ordinance
would affect.
CONSOLIDATED EMERGENCY COMMUNICATIONS INITIATIVE
County Sheriff
Doug Mullendore, Hagerstown Chief of Police Art Smith and Fire and Emergency
Services Division Director John Latimer brought this request to recommend a
Commissioner to assist at a policy-level with the consolidation of emergency
communication operations in Washington County, before the Board. A centralized
effort in the coordination of emergency communications within Washington County
began in 1975. Since its inception, the County has consistently met challenges
posed by an ever-changing industry. Two recent examples of this support
were the Board of County Commissioner’s approval of a new Public Safety
Communication System in 2006 and the renovations to the County’s Elliott
Parkway facility earlier this month. A crucial component of the new communication
system is the consolidated emergency communications center at the Elliott Parkway
facility. The purpose of this committee is to enable dialog and build political
consensus on the issue as it affects multiple agencies and political subdivisions. The
Commissioner will join City Councilperson Penny Nigh, the County Administrator,
City Administrator and Sheriff on the committee. Sheriff Mullendore said
there are personnel and union issues to be worked out and that the design of
the project could mirror the Narcotics Task Force, which cuts across jurisdictional
lines. Commissioner Kristin Aleshire was recommended to serve on
that committee.
CONTRACT AWARD: CAPITAL BUDGET PREPARATION SOFTWARE AND IMPLEMENTATION SERVICES
County Purchasing
Agent Karen Luther, Budget and Finance (B&F) Director Debra Murray and Dawn
Barnes, B&F Assistant Director for Capital and Debt Management brought this
request, to award the contract for Capital Budget Preparation Software & Implementation
Services to the responsive, responsible proposer, Questica, Inc. of Burlington,
Ontario, Canada for the Total Cost During Project Period of $65,505.00 and Two-years’ Product
Maintenance and Support $21,430.00 ($10,715.00 per year), for a total amount
of $86,935.00, contingent upon the approval of the final Software License Agreement
and the Statement of Work by the staff and County Attorney’s Office. In
the past, the Capital Improvement Projects budget has been prepared and sent
to B&F using the County email system. The County has outgrown the
current system software using excel spreadsheets, because the file base has
created memory issues with the e-mail system. Budgeted funds/project available
and approved in current CIP fund in the amount of $748,996.00. Implementation
of the software changes current process from manual to automated for County
and outside agency use. The measure was approved by unanimous vote.
COUNTY AND HAGERSTOWN OVERLAPPING COMPREHENSIVE PLAN LAND USE CLASSIFICATIONS
IN THE URBAN GROWTH AREA
Chief Planner
Stave Goodrich brought this matter to the Board for review.
Goodrich recommended approval to advise the Hagerstown Mayor and Council
that there are differences between the proposed land use categories in the
draft of Hagerstown’s Comprehensive Plan and the County’s adopted
Comprehensive Plan within respective growth areas. Hagerstown
has updated its Comprehensive Plan and is in the public review phase. County
Planning staff has reviewed the draft and discovered that there are distinct
differences between the land use classifications that the County assigned
to some parcels in the Growth Area and the land use classifications the City
of Hagerstown has assigned to the same parcels. These parcels have been assigned
land use classifications by the City because they are in an area where annexation
is possible and the City wishes to indicate the desired land use, and subsequently
the potential zoning, if annexation occurs. The differences in City
and County designations are a concern because in the annexation process a
determination of consistency between the City and County land uses is necessary. If
there is a significant difference between them, the County must give “express
approval” to new zoning assigned by the City. If the County does not
give “express approval” the annexation can still proceed, but
development on the land within 5 years of annexation must comply with the
former County designation. Both jurisdictions have a bona
fide interest in assigning land use categories to the same property. The
subject parcels are currently under the County’s planning and zoning
authority. The areas are within the designated growth area and there
is a real possibility of the need for public water and sewer facilities to
support development. Since the City of Hagerstown provides all of the public
water service in the Growth Area and a significant amount of public sewer
service, and annexation is usually required as a condition of service, Hagerstown
has a legitimate obligation to plan for that possibility and assign a desired
land use category that supports its long range goals for the City. There
appear to be many options to address the differences, although advising and
acknowledging their existence should be the first step before any resolution
is selected. A) One jurisdiction or the other could change their land
use maps to be consistent with the other. B) The staffs and Planning Commissions
could work together to align the designations for all or most of the identified
sites. C) The differences could be addressed one at a time when annexation
proposals are available to help determine if “express approval” is
appropriate. The City of Hagerstown Mayor and Council is on the verge
of conducting a public hearing to receive public comment on the draft and
has an opportunity to make changes prior to adoption. Washington County is
required to update its Comprehensive Plan in 2008, which would be its opportunity
to resolve the issue. The pending public hearing before the Hagerstown
Mayor and Council has caused staff to bring the issue directly to the Commissioners
in the event there will be comments. The County Planning Commission should
participate in any effort to adjust land use categories in the Washington
County Comprehensive Plan. Commissioners requested details of the entire list
of properties that would be affected, and further information will be available
following an upcoming City Planning Commission meeting. The information will
be presented in next week's County Commissioners meeting.
REQUEST TO RENEW CONTRACT: EMERGENCY MEDICAL SERVICES JURISDICTIONAL MEDICAL
DIRECTOR
Director
of the Division of Fire and Emergency Services, John Latimer, brought a request
to the Board for renewal of the annual contract for the Jurisdictional Emergency
Medical Service Medical Director for the period of September 1, 2007 to September
1, 2008 with current EMS medical director, Dr. Vincent Cantone of Smithsburg,
Maryland. State law requires that each County or jurisdiction appoint a medical
director to oversee pre-hospital care. In addition, the medical director
supports Fire and Rescue Communication with medical direction for emergency
medical dispatch protocols. According to the contract, the medical director
is compensated $25,000, and the amount is included in the FY '08 operating budget.
Commissioner Wivell requested breakdown of hours worked by that physician on
the County's behalf. Further discussion of the issue was scheduled. Latimer
said that the Medical Director provided 282 hours of service to the County during
FY 2006. Commissioner Wivell was not in attendance and the measure was postponed
until a later date.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner
Kristin Aleshire stated that due to business reasons he would not be able to
attend the evening meeting in Smithsburg. Aleshire commented on attending the
recent Canal-Apple Day parade in Hancock. The Commissioner commented on
attending the public forum on the refugee issue at Hagerstown Community College
last week. Aleshire said he disagreed with a practice to allow refugees over
65 access to the U.S. Social Security System. Last weekend's Antietam Creek
cleanup produced dump truck loads of trash, Aleshire said. There were large
amounts of plastic bottles and bags in the stream, and the worst area was near
the stadium in Hagerstown. Citizens from across the Country participated in
the event, using canoes and boats to gather trash, which was hauled to the landfill
by County crews. The Commissioner also commented on attending the Chili Cook-off
in Hagerstown and the Girls and Boys soccer championships last weekend.
THE BOARD HELD AN EVENING MEETING IN THE TOWN OF SMITHSBURG IN TOWN HALL, AT 21 WEST WATER STREET
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner
Terry Baker commented on the recent meeting of the Maryland Municipal League
local chapter, and thanked the Mayor and Council of Smithsburg for hosting the
Commissioners' meeting. Baker reported on attending the refugee forum and questioned
the impact on services including schools. Baker said state personnel at that
meeting did not give complete answers to questions asked.
Commissioner
Jim Kercheval reported on the recent Metropolitan Planning Organization
meeting that discussed completing the Maryland Rail-Trail project. The State
Highway Administration recently announced plans to replace two I-70 bridges
over Black Rock Road. Kercheval said plans call for a pair of two-lane bridges,
and that widening of the interstate has not been factored into those plans.
The state has said it does not plan to widen I-70 within 15 years. Kercheval
called for planning to take place that would ensure the basic structure would
be built to handle that future widening project. The possibility of relocating
the transit transfer point in downtown Hagerstown was also discussed. A feasibility
study on that issue should be completed by the end of 2008, he said. The County
is still seeking applicants for the position of Transportation Planner, Kercheval
reported. The Local Management Board meeting last week discussed the Hopewell
Express transportation project that is providing free transportation for workers
in the Hopewell Valley industrial park from the Downtown area. County staff
met with state environment and planning officials last week to discuss issues
relating to sewer capacities. Maryland Department of the Environment and Maryland
Department of Planning regulations have not complemented each other regarding
sewer capacity limits. Healthy discussions were held on those issues, Kercheval
said.
Commissioner’s
President John Barr discussed the recent meeting of the Transportation Advisory
Committee. Under discussion were items of interest to Smithsburg citizens including
excessive speeding on Maryland Route 66, walking routes for school children
crossing MD 64 to reach Pangborn Elementary School and new traffic signals in
that area. Barr commented on attending the Refugee meeting last week as well
as the Maryland Municipal League meeting in Keedysville. Corporate Office Properties
Trust broke ground for the rehabilitation of the Community Center at its site
in Cascade. Congressmen Roscoe Bartlett and Bill Schuster were on hand for that
event. Barr said the event showed the virtue of cooperation between federal,
state and county governments and the private sector. COPT has promised to construct "green" buildings.
Barr said the decision to sell the former Fort Ritchie property to COPT a "very
smart decision".
CITIZENS PARTICIPATION
Each week
the Board of County Commissioners sets aside time to hear from citizens of Washington
County on matters of interest to the Community.
Mayor Mildred "Mickey" Myers
of Smithsburg thanked the Commissioners for visiting, and thanked the BOCC for
assistance in securing land for the new Smithsburg Library. Myers said that
assistance with traffic issues near the town is appreciated. Myers said that
a clause in the County Livability Code dealing with displacement of tenants
and landlord responsibilities did not work for the Town and requested changes
be made to that code.
Smithsburg
Councilman Jerome Martin requested information on the rezoning of land at the
intersection of Routes 64 and 66. Commissioner Kercheval said the zoning had
been withdrawn and no new application has been brought forth. Martin asked about
upgrades to the sewer plant in the Town. County Administrator Greg Murray
reported that the upgrades will take place between 2009 And 2010 at a cost of
about $12 million. The Councilman also asked about increased recycling programs.
Murray said the new Division of Environmental Management is working on expansion
of recycling county-wide.
Councilman
Thomas Chiarizia commented on growth issues and impact on small towns.
Commissioner Kercheval explained that by promoting growth in the Urban Growth
Areas, more federal and state funds for schools and roads become available.
Kenneth Duncan
of Smithsburg asked about enforcement of code issues pertaining to junkyards
or property maintenance. A property on Water Street outside the town boundary
will investigated, Administrator Greg Murray said.
OTHER BUSINESS:
County Administrator
Comments: County Administrator Greg Murray reminded citizens that Washington
County has many programs on-line that assist communities. The meeting at Smithsburg
is an example of the Commissioners meeting a goal to hold more of their meetings
in the municipalities. Senators Mikulski and Cardin announced funding of $35,000
to the Smithsburg Emergency Medical Service for an emergency generator, through
the Homeland Security Department. Murray said a letter of appreciation to the
Senators will be drafted for Commissioners' signatures. The Town of Smithsburg
is invited to participate in development of the annual Legislative priority
list developed each year on needs in the County.
Reports from
County Staff: Sheriff Doug Mullendore pledged his department's assistance with
any issues the Smithsburg Police Department might have.
ANNEXATION REQUEST: TOWN OF SMITHSBURG -JOHN SMITH
Planning
and Community Development Director Mike Thompson brought this request before
the Board. The Board of County Commissioners was asked to find that the proposed
zoning for the property upon annexation into the Town of Smithsburg is consistent
with the County zoning classification. The Planning Commission concurred with
this recommendation at its regular meeting on September 10, 2007. The applicant.
John Smith is requesting annexation into the Town of Smithsburg of a 2.38 acre
tract of land located northwest of the current Town of Smithsburg boundary along
the east side of Stevenson Road. The property is currently developed with a
single-family dwelling and the applicant proposes to subdivide the property
into two single-family lots. The Town of Smithsburg has introduced an Annexation
Resolution and is proceeding through the annexation process. The legal requirement
for the annexation of property into a municipality changed in the fall of 2006.
Prior to October, a review was to be made by the County of all annexations in
relation to the adopted Comprehensive Plan and if not consistent, the governing
body could grant “express approval” to the proposed zoning or the
applicant could annex, but not be permitted to develop in a manner different
from the Comprehensive Plan for a period of five years. With the passage of
House Bill 1141 in 2006, the standard for review changed. The emphasis for the
review has shifted from the Comprehensive Plan to the zoning of the property
as follows: “no municipality annexing land may for a period of five years,
following an annexation, permit development of annexed land for land uses substantially
different than the use authorized, or at a substantially higher, not to exceed
50% density than could be granted for the proposed development, in accordance
with the zoning classification of the county applicable at the time of the annexation
without the express approval of the Board of County Commissioners or county
council of the county in which the municipality is located.” The applicant
is requesting SR (Suburban Residential) zoning upon annexation under the Town
of Smithsburg Zoning Ordinance. The property is currently zoned RR (Rural Residential)
under the County zoning ordinance. Single-family residential development is
a permitted use under both the proposed town and county zoning classifications.
Copies of the appropriate ordinance sections are attached. Based on the information
provided and a review of the proposed zoning, staff believes the requested zoning
to be consistent with the existing county zoning. Staff would also point out
that the property is designated for low density development in the 2002 adopted
Washington County Comprehensive Plan and the proposed development would also
be consistent with the Plan. As staff considered the request consistent with
the Comprehensive Plan, no action buy the Commissioners was necessary.
ANNEXATION REQUEST: TOWN OF SMITHSBURG -- CLOVERY DEVELOPMENT
Planning
and Community Development Director Mike Thompson brought this request before
the Board. The Town of Smithsburg is requesting the Board of County Commissioners
grant “express approval” to permit the zoning and development of
the property in question upon annexation into the town at a substantially
higher density than presently permitted under existing county zoning. The planning
commission at their regular meeting on September 10, 2007 reviewed the request
and voted to recommend that the proposed zoning is not consistent with the
current county zoning as well as noting the proposal was also not consistent
with the County Comprehensive Plan as far as land use. In addition, the commission
voted to recommend denial of the granting of “express approval.” The
applicant is requesting annexation into the Town of Smithsburg of a 62.27
acre tract of land located east of the current Town of Smithsburg boundary along
the east side of Maryland 64, north of Maryland 77. The property is currently
developed with a single-family dwelling along with a barn and out other buildings.
Upon annexation the applicant proposes to subdivide the property in accordance
with the designated town zoning. The Town of Smithsburg has introduced an
Annexation Resolution and is proceeding with the annexation process. The property
was the subject of a series of requests in 2005. Amendments dealing with the
property were considered by the County and included: a Comprehensive Plan change
to take the property from Rural Area (Agriculture and Environmental Conservation)
to Town Growth Areas (Low Density Residential), a rezoning request to change
the zoning of the property from Agricultural (Rural) to RR (Residential Rural),
and an amendment to the Water and Sewer Master Plan to change the designation
of the property from No Planned Service (W-7,S-7) to Planned Service (W-5,S-5).
The Board of County Commissioners and Planning Commission held a joint public
hearing on the amendments and eventually the planning commission voted to
recommend denial of the requests. The applicant withdrew the requests prior
to the Board of County Commissioners taking any action. A major reason for the
recommendation for denial by the planning commission was opposition from the
Town of Smithsburg, which indicated they had been working with the applicant
on the possible annexation of the property and had not denied the annexation
request and the Town was working towards an update of their Comprehensive Plan.
At that time, a number of the commissioners expressed their thoughts that the
annexation process should be continued with the town. The proposed annexation
is the conclusion of these efforts. The applicant is requesting TR (Town Residential)
zoning upon annexation under the Town of Smithsburg zoning ordinance. The property
is currently zoned AR (Agriculture Rural) and EC (Environmental Conservation),
which permits densities of 1:5 and 1:20 respectively under the County Zoning
Ordinance. Single-family residential development is a permitted use under both
the proposed town zoning and the county zoning classification, the density is
the issue. Copies of the appropriate ordinance sections are ARF for the Smith
annexation discussed earlier tonight. Based on the information provided and
a review of the proposed zoning, it is staff’s opinion that the Board
of County Commissioners must grant “express
approval” to the proposed zoning or the development will be required to
wait for a period of five years before it can be developed at the proposed
density, which is substantially higher than that permitted under existing county
zoning. The property under consideration is designated for Agricultural and
Environmental Conservation land use in the 2002 adopted Washington County Comprehensive
Plan. The site is not located within the designated Town Growth Area on the
2002 County plan, but is designated within the Town Growth Area in the adopted
Town Comprehensive Plan. An amendment to the County Water and Sewer Master Plan
would also be required to include the property within the service area. The
Town of Smithsburg was scheduled to hold a Public Hearing on the rezoning on
September 26th, and vote on the issue in its monthly Council meeting on October
2nd. Comments from the County Commissioners were requested prior to that vote.
The Commissioners requested that public comment from the hearing be forwarded
to them for review, with comments to be given on October 2nd prior to the Smithsburg
Council meeting. Following Smithsburg's decision on that date, the BOCC would
bring the express approval issue to a vote on October 9th.