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
October 2, 2007
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner
Terry Baker reported on attending the Community Action Council Board of Directors
meeting last week. Items discussed included energy assistance, housing and transportation
programs, Baker said.
Commissioner
Bill Wivell commented on the recent meeting of the Department of Water Quality
Advisory Commission. That Commission discussed items to be presented to the
Board later in this meeting. Wivell said.
Commissioner
Jim Kercheval reported on the Economic Development Commission "Wormburner" event
held last week. Tours of County industrial and business parks highlighted
availability of land and buildings. Members of the Maryland Department
of Business and Economic Development attended that event, Kercheval said. The
Planning Commission meeting on Monday evening discussed a proposed commercial
development at Mount Aetna Road at U.S. Route 40, and requested input from the
City of Hagerstown on that proposal. A site plan for the proposed Rite-Aid pharmacy
near the intersection of Maugans Avenue and U.S. Route 11 was approved. Policies
and procedures for rezoning text amendments were also discussed by that Commission
and a workshop was announced for October 15th regarding the role of the Planning
Commission in the amendment process. The local lobbying coalition met last week
to discuss possible items for the upcoming Legislative session, Kercheval reported.
Commissioner
Kristin Aleshire asked about a variance for an access lane across a campground
to allow property owners to reach subdivided properties. Concern was expressed
on entities usually present at the Planning Commission meetings when site plan
reviews are conducted. The greater Hagerstown Committee meeting last week heard
information presented on the Teen Pregnancy Coalition activities. The Commissioner
said that the non-accountability of administrators was the reason for problems
with the local Refugee Resettlement program, rather than a "lack
of welcoming" by the community.
Commissioner’s
President John Barr also commented on attending the Refugee forum last week,
as well as the Greater Hagerstown Committee meeting. Barr reported on attending
the Breast Cancer Awareness fund raising event and the Chamber of commerce annual
Chamber Business Awards event last week. Commissioner Barr presented a proclamation
to the Business and Professional Women's annual meeting. Sharon Leatherman is
that group's Woman of the Year, and serves as a member of the Charter Home Rule
Committee, Barr said. The Commissioner spoke to a convention of Arborists meeting
in Hagerstown and attended the monthly Executive Board meeting of the Chamber
of Commerce last week. Barr told the Board that Home Rule task force chair Jeannie
Singer would be featured in a Herald-Mail on-line chat at noon.
PROCLAMATION: DISABILITIES AWARENESS MONTH
Norman Bassett,
Administrator of the Office on Disability Issues and Sondra Funk of the Commissioners'
Disabilities Advisory Committee accepted this proclamation from Board President
John Barr, designating October, 2007 as Disabilities Awareness Month in Washington
County. October is Disabilities Awareness Month across the United States, a
time when government and the private sector takes time to recognize the abilities
of all people, regardless of physical or mental limitation. In Washington County,
the Disability Advisory Committee (DAC) to the Board of County Commissioners
works to keep the Board aware of issues facing people with disabilities that
need county support, and both physical and attitudinal barriers that we can
eliminate by working together. DAC conducts assessments of needs in the County,
and as one result, Washington County's Transportation Consolidation Committee
is a sub-committee of the DAC working to establish coordinated cost-effective
transportation services for clients of service agencies in the County. DAC
will host a public meeting to gather information later this month in cooperation
with the Maryland Department of Disabilities. The County Commissioners take
this opportunity each year to reflect on the contributions people with disabilities
make to the community and to renew its pledge to eliminate barriers to full
accessibility in programs and activities sponsored by Washington County.
PROCLAMATION: CHARACTER COUNTS
A proclamation
declaring October 2007 as Character Counts Month was presented to program coordinator
Carolyn Brooks. The proclamation stated that, “Character development
is, first and foremost, an obligation of families, through efforts by faith
communities, schools, and youth, civic and human service organizations also
play an important role in supporting family efforts by fostering and promoting
good character. Every adult has the responsibility to teach and model core ethical
values and every social institution has the responsibility to promote the development
of good character.”
BID AWARD: AGRICULTURAL HERITAGE MUSEUM BUILDING
County Purchasing
Agent Karen Luther and Buildings Grounds and Parks Director Jim Sterling brought
this request before the Board. The request was to award the bid for a new building
at the Agricultural Education Center's Ag Heritage Museum to the responsive,
responsible bidder, Building Systems, Inc. of Hagerstown, MD, with the lowest
Base Bid in the amount of $279,200.00. The new building would be a pole barn
including concrete slab foundation, wood structure, metal siding and roofing
panels. Future display mezzanine and display stalls are planned and footings
would be provided. The building would have no plumbing and limited mechanical
system as the building would be unconditional space except for ventilation.. The
construction period would be one hundred eighty (180) calendar days. The Board
initially rejected bids for this project on March 20, 2007 due to budgetary
constraints. The bid specifications were revised and re-advertised for bidding.
Funding in the total amount of $300,000 including $75,000 in state funding,
$125,000 in contributions, and $100,000 in Gaming Commission funds, is provided
in the County’s Capital Improvement Program (CIP). Additional private
funds would be raised to help offset costs of the project, Sterling said. The
measure was approved by unanimous vote.
DEPARTMENT OF JUSTICE ASSISTANCE GRANT
Washington
County Sheriff's Department Chief Deputy, Colonel Randy Wilkinson and Sgt. Daryl.
Sanders brought this request, for approval and disbursement
of "Washington County Sheriff's Office/Hagerstown Police Edward Byrne Memorial
Justice Assistance Program (JAG) for the period from October 1st,
2006 through September 30, 2010. The total award is for $44,362.00, to
be divided equally between the Hagerstown City Police Department
and the Washington County Sheriff's Office. The JAG Program allows states, tribes,
and local governments to support a broad range of activities to prevent and
control crime based on their needs and conditions. Grant funds
can be used for state and local initiatives, technical assistance, training,
personnel, equipment, supplies, contractual support, and information systems
for criminal justice for any one or more of the following purpose areas: 1)
law enforcement programs; 2) prosecution and court programs; 3)
prevention and education programs; 4) corrections and community corrections
programs; 5) drug treatment programs; and 6) planning, evaluation, and technology
improvement programs. The Hagerstown City Police would use their half of the
JAG funding to fund overtime to police personnel to support on-going law enforcement
efforts in designated CSAFE areas of Hagerstown. The CSAFE areas are designated
special enforcement and community policing areas by the Hagerstown City Police
in an effort to curb violent crime, drug use and distribution, prostitution
and other vice related crimes in these areas. The Sheriff's Office will utilize
its half of the award to support a variety of law enforcement projects, Fourth
of July Celebration(s) at Antietam Battlefield, traffic enforcement initiatives,
crime prevention patrols, equipment purchases, and emergency events. The measure
was approved by unanimous vote.
SEX OFFENDER COMPLIANCE ENFORCEMENT INITIATIVE
Wilkinson
and Sanders also brought this grant before the Board for approval. The Sex
Offender Compliance Enforcement in Maryland grant from the Governor's
Office of Crime Control and Prevention is in the amount of $26,000.00.
The program provides monitoring of sexual offenders who are required to register/re-register
with the program. Grant funds will be used to hire a part-time office
associate to act as the Sex Offender Registrar and another part-time individual
to act as Sex Offender Compliance Monitor to conduct address and employment
verification checks. This program will 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.
GOALS AND OBJECTIVES OF THE WASHINGTON COUNTY DEPARTMENT OF WATER QUALITY
ADVISORY COMMISSION
Glenn Fishack,
Chair of the Department of Water Quality Advisory Commission (DWQAC)
brought this discussion of Goals and Objectives of the Commission
to the Board. Fishack and members of the DWQAC talked about that advisory group's
role. At issue, Fishack said, is availability of water resources in Washington
County if pumping from the Potomac River becomes unfeasible. Alternate
sources of water supplies were discussed including the Fort Ritchie system,
Smithsburg's spring, and water from quarries in the county. Discussion took
place on the cost of services and residential water and sewer rates charged
by the City of Hagerstown for those customers who live outside the City limits.
The Water Quality Advisory Commission was charged with working with the City
in researching the true cost of those services, and preparing a draft letter
to the Mayor and Council about the Commission's charge.
OTHER BUSINESS:
Appointments
to Boards and Commissions: County Clerk Joni Bittner brought a request from
the Department of Water Quality Advisory Commission for reappointment of
Scott Schubel when his term expires on October 31, 2007. He has served
two terms on the Commission and a waiver of the two-term rule was requested.
The measure was approved by unanimous vote.
County Attorney
Issues: County Attorney John Martirano told the Board that the Phoenix Color
property will go to settlement today, finalizing that initiative.
County Administrator
Comments: County Administrator Greg Murray requested a change order in the amount
of $121,383.26 for the Sharpsburg Water Treatment Plant for revisions to the
project. The measure was approved by unanimous vote.
Reports from
County Staff: Special Projects Director Gary Rohrer requested a change order
to the Court House project in the amount of $27,101.00 for security equipment
at the Washington Street and Summit Avenue entrances. The measure was approved
by unanimous vote.
Planning
Director Mike Thompson told the Board that the Smithsburg Planning Commission
held the Public Hearing dealing with the annexation case heard at last week's
Commissioners' meeting on October 1st. The Public testimony was needed by the
Commissioners before a decision to allow express approval for that project could
be given. The Commissioners reached consensus to allow the express approval
with the provisions that the Town supports the annexation, that the Adequate
Public Facilities Ordinance is maintained, that buffering take place at the
end of the property abutting farm lands, that on-site reforestation be required,
and that the maximum density of 92 units be followed.
Community
Partnership/Local Management Board (WCCP) Director Stephanie Stone informed
the Board that the Task Force On Homelessness grant will use the WCCP as its
fiscal agent for a $56,127.00 grant that will assist area homeless shelters
in developing 13 transitional housing units. No County funds would be
involved in the project, Stone said.
Acting Director
of Human Resources Dee Hawbaker requested approval to advertise two Motor
Equipment Operator positions in the Highways Department. The request 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 interest to the Community.
No one appeared
n this day to give comments.
STATUS REPORT: GEORGE W. COMSTOCK CENTER FOR PUBLIC HEALTH RESEARCH AND
PREVENTION
Sandra Hoffman,
Assistant Director of the George W. Comstock Center for Public Health Research
and Prevention of Johns Hopkins University, and Pat Crowley of JHU's Hagerstown
Downtown Center brought the Commissioners an update of research activities in
Washington County. The center is a conjoint facility of the JHU Bloomberg School
of Public Health and the Washington County Health Department, and continues
a long history of public health training and research in the County. The Comstock
Center is the rural field training center for the university's Public Health
School, and has been important in the study of Tuberculosis treatment and prevention.
Current projects with the Washington County Health Department include a Community
Health Needs Assessment, Evaluation of a Smoking Cessation Program, and Evaluation
of a Community Colon Cancer Screening Program. The programs bridge a gap between
academic research and Public Health practice And offer Public Health students
the opportunity to get field experience. 11 Doctoral students are at the Comstock
Center, along with 5 Masters' degree candidates. The downtown unit is famous
for its study on the effects of Gingko Biloba on dementia in elderly people.
Studies underway include Genetic Susceptibility to Disease, and collaborations
with the National Cancer Institute and the University of Maryland on Pancreatic
cancer. The late George Comstock, who was pivotal in public health screening
programs in the last century said, "Washington County residents have contributed
more to Public Health research than anyone else in the world." The center
is celebrating its 80th year in Washington County.
ADOPTION OF 2006 RESIDENTIAL, BUILDING, MECHANICAL, PLUMBING, ELECTRICAL
ADMINISTRATION AND FUEL GAS CODES
Dan Divito,
Director of the Department of Permits and Inspections, and Deputy Director Angela
Smith brought this request before the Board. The request included repeal of
existing residential, building, plumbing, mechanical, and fuel gas codes and
amendments and adoption of the 2006 Residential, Building, Mechanical, Plumbing,
Electrical Administration, and Fuel Gas codes with local amendments. Public
Hearings would be held to familiarize citizens with the codes and local
amendments. Ultimately the regulations would be adopted as the Washington County
Building Codes. Divito told the Board that International Code Council Residential,
Building, Plumbing, Mechanical, Electrical Administration, and Fuel Gas Codes
are updated every three years. The State of Maryland, has adopted these codes,
effective July 1, 2007, as The Maryland Building Performance Standards. In order
to conform to Maryland State standards and to allow for the latest in technological
advances in the construction industry, it is recommended that the Washington
County adopt the above referenced codes with local amendments. State Department
of Labor and Licensing Regulations, Plumbing and HVAC Commissions followed suit,
adopting the relevant ICC code updates. The Permits and Inspections Department
reactivated the Code Review Committee to review the changes to the Codes and
to make recommendations. At the same time, The Washington County Plumbing Board
and the Electrical Board of Examiners and Supervisors also convened to review
any changes in their respective codes. These Boards met weekly for several months
and reviewed the proposed new codes as well as existing local amendments. On
August 30th the department presented a seminar sponsored by the Washington County
Home Builders Association for the purpose of explaining the proposed changes
and asking for comments from the building community. The request, to take the
codes to Public Hearing, was approved on a 4-1 vote with Commissioner Bill Wivell
voting "no".
SCHOOL MITIGATION PROPOSAL: SHENANDOAH ESTATES
Director
of Planning and Community Development Mike Thompson and Attorney Jason Divelbiss,
representing developer John Oliver brought this request, for approval of a School
Mitigation Proposal for an eight unit single-family development known as Shenandoah
Estates before the Board. The proposed development was submitted in February
of this year for approval by the planning department. As this development exceeds
five lots, the development is considered a major subdivision and subject to
review under the provisions of the Adequate Public Facilities Ordinance. The
Board of Education was invited to comment on the proposed development plan and
stated in both March 1, 2007 and August 27, 2007 letters to staff that they
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 as based on the fact the elementary and high schools
are over capacity. The subdivision was included in the discussion of the
Facilities and Enrollment Advisory Committee that was established to determine
the attendance boundaries for the new Rockland Woods Elementary School. The
recommendations of the committee call for the development to remain in the Fountain
Rock attendance area, but at the same time call for 131 students to be shifted
from Fountain Rock to Rockland Woods in 2008, which would free up some capacity
at Fountain Rock. The State Rated Capacity for Fountain Rock is 298. 90% of
State Rated Capacity is the number used in the Adequate Public Facilities Ordinance
to determine whether or not an elementary school is over capacity and this number
is 269. Based on the latest Board of Education numbers, if 131 students
are shifted, enrollment would be 233, which would be 35 students below the failing
number and at current pupil generation rates. Staff noted that shifting of 131
students is only a recommendation at this time and will not be finalized by
the BOE until later this year. These numbers do not take into consideration
any other growth within the area. The developer proposes a mitigation plan based
on Section 9.1 of the Adequate Public Facilities Ordinance. Based on the June
numbers, the enrollment at Fountain Rock and Springfield Middle increased by
one student each from December, while Williamsport High decreased by twenty-five
students. Based on the numbers prepared by the planning staff in accordance
with the APFO, the high school will be over capacity if units are constructed
on the approved lots. In the event the proposed redistricting does not result
in adequate space at the elementary school the developer proposes to pay a mitigation
fee in the amount of $10,261.00 at the time the final plat is recorded for the
development and pay the applicable excise tax at the time of permitting. The
request was postponed for three weeks to allow for review of the September 30,
2007 enrollment figures, and review of the BOE redistricting plan affecting
those schools.
MEMORANDA OF UNDERSTANDING: U.S. 40-EDGEWOOD DRIVE INTERSECTION
Special Projects
Director Gary Rohrer brought these memoranda of understanding to the Board.
The Maryland State Highway Administration (SHA) requires execution of the MOUs
before proceeding with purchase of rights-of-way, or advertisement of the project
for construction bids, currently scheduled for mid-December 2007. SHA has been
awaiting approval of the joint MOU by both the County and the City for several
months. The topic was last discussed in a joint meeting with the Commissioners
and the Mayor and City Council on June 19, 2007 resulting in a mutual request
by both bodies that the President of the Board and the Mayor, along with appropriate
staff, meet with the SHA Administration to seek reduction in the level of financial
commitment required of both parties. The meeting took place in Frederick,
MD on August 20. It resulted in a letter from the Administrator dated
September 5, 2007 to Commissioner Barr and Mayor Bruchey stating that SHA would “waive
the 8.2 percent overhead reimbursement for both right-of-way acquisition and
construction….” SHA has already increased its contribution to the
project by 17% to 50%, with the County and the City shares being reduced to
30% and 20%, respectively. The agreement contains SHA’s standard
terms of agreement. SHA has proceeded to this point in good faith that
the agreements will be signed to avoid further delays and added costs to the
project. Costs are estimated to be $3,684,802 for the joint venture and $3,258,341
for the Edgewood Drive portion from the City line through the intersection at
Mt. Aetna Road. Rohrer told the Board that the County has the right to review
bids for the project submitted to SHA, and any cost overruns would be borne
by all three entities. The City Council was scheduled to review the MOU's in
its meeting later in the day, and any clarifying language in the MOU's would
be addressed with the City and State, Rohrer said. The measure, to allow staff
to move forward with the memoranda, was approved by unanimous vote.
BUILDING CODE CIVIL CITATIONS
Dan Divito,
Director of the Department of Permits and Inspections brought this request,
to take procedures for the issuance of civil citations for certain violations
of the Washington County Building Codes to public hearing, before the Board.
The Washington County Delegations to the Maryland General Assembly in the 2007
session introduced House Bill 754 enabling the Board of County Commissioners
to approve procedures for the issuance of civil citations for certain building
code violations. The bill, which takes effect October 1, 2007, was passed by
the legislature on April 2, 2007 and signed by the Governor on April 24, 2007. Current
building codes in the county make general references to enforcement mechanisms
to correct violations and rely heavily on formal legal action. The procedures
to add civil penalties to the department’s ability to encourage compliance
were modeled after the success of the zoning civil citation program. The goal
of this ordinance is to facilitate compliance with building codes. The department
met with representatives of the Washington County Home Builders Association
and together crafted language that would achieve that goal.The instances when
a citation would be issued are limited to only four of the most serious violations.The
Board reached consensus to send the matter to Public Hearing.
2007 COMMISSIONERS' GOALS
County Administrator
Greg Murray brought this item before the Board for review and approval. Murray
presented the first draft of the Commissioners' 2007 Goals for review on
September 11th, and the Board requested several editorial revisions and additions.
Further discussion took place on goals accomplished by this date, those
to be accomplished by the end of 2007 and those requiring additional time, that
would be moved into 2008. The '07 list as modified would formally schedule 2008
and complete term goal setting sessions; Evaluate zoning classifications in
the Urban and Town Growth Areas and adopt recommendations on appropriate uses
and densities including potential transfer of development rights, development
of new economic development related zoning designations, designations and allowable
uses for educational sites such as HCC, and size of Growth Area boundaries; Evaluate
current Excise Tax Ordinance and adopt new fees and structure as appropriate
for legislative action; Develop a comprehensive coordinated process for
oversight of the developmental process through evaluation of the Planning,
Engineering, and Permits functions; Complete the update for the County
Water and Sewer Plan; Formalize implementation method for the remainder
of the Emergency Services Master Plan, and provide a comprehensive evaluation
of all areas of emergency services to ensure that efficient coverage is maintained
and that proper funding is going to areas where service need is greatest. Evaluate
departmental structures and reorganize by discipline as necessary for maximum
efficiency; Implement automation of the capital budget process for FY
2009, to include external agency input and review. Include refined ranking
descriptions related to the Capital Improvement Project budget; Develop
a process for review of salary and benefits on a rolling schedule for budgetary
purposes to include peer review of job descriptions and classifications, and
recommendations for policy updates; Implement procedures to allow for
greater public accessibility to Board meetings to include scheduling evening
venues and providing remote accessibility to routine scheduled meetings by way
of voice transmission and/or televised meetings; Evaluate, revise as
necessary, and adopt the 2006 building codes; Update the joint hearing
process for review and approval of planning and zoning requests; Develop
a comprehensive approach to the agricultural industry economic development marketing
and support needs; and Evaluate and refine procedures for Boards and
Commissions. The goals were adopted as amended by unanimous vote.