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 23, 2007
THE COMMISSIONERS ATTENDED A BREAKFAST EVENT WITH COMMISSION ON AGING, AT THE COA OFFICES AT 140 WEST FRANKLIN STREET IN HAGERSTOWN
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Kristin Aleshire commented on several
articles in the National Association of Counties' "County News" newsletter
dealing with certifications for Geographic Information Systems operators, the
SCHIP health program, and free Radon test kits for Counties. The Planning Commission
will be dealing with a property located off Jefferson Boulevard that has access
to City water service but not sewer, allowing construction at a higher density.
A provision should be made in the subdivision plan to require developer mitigation
for such issues, Aleshire said. Recent weeks have seen editorials and letters
to the editors of local media on provisions of the Excise Tax Ordinance.
Aleshire reminded writers and editors that the Commissioners have not formally
accepted the Excise Tax Task Force report to date.
Commissioner Jim Kercheval reported that three
vacancies exist on the Tri-County Council that should be filled by the November
meeting. Commissioner Kercheval commended the Alsatia Club for its coordination
of the annual Mummer's Parade in Hagerstown. The Commissioners traditionally
ride in that parade, held last weekend. The Legislative Committee of the Maryland
Association of Counties (MACo) meets in Annapolis on Wednesday, Kercheval said,
as part of the legislative Special Session. New waste energy programs
are underway in Northern Virginia and in Baltimore County, Kercheval reported,
and asked that our staff continue to investigate possible initiatives for Washington
County to consider. County Administrator Greg Murray commented that the County
is looking into Methane recovery methods for the capped Resh Landfill.
Commissioner Terry Baker reported on a recent
meeting of the Republican Club. Commissioners and staff were commended for support
of Gaming Commission Office Director Jim Hovis in a meeting with Senator Don
Munson last week, Baker said.
Commissioners' President John Barr attended the
Metropolitan Planning Organization in Martinsburg, WV last week, along with
Public Works Director Joe Kroboth and Hagerstown Councilman Martin Brubaker.
A 2-hour public meeting held by the City allowed input on the State of
the City last week. Discussed were downtown redevelopment and widening sidewalks
on South Potomac Street. The meeting was an example of positive outreach by
the City, Barr said.
INTRODUCTION OF NEW EMPLOYEES
Human Resources Director Bill Sonnik brought
four new employees before the Board for introductions and welcome. Greg Barnes
was recently hired as a Civil Engineer in the Engineering Department,
and Scott Brown is the new Work Crew Supervisor in the Alternative Sanctions
Department of the State’s Attorney Office. Corey Cunningham and Terry
Harnish were recently employed as Detention Officers in the Sheriff's Department.
PRESENTATION OF HOME RULE CHARTER
Chairperson Jeanne Singer and members of the
Home Rule Charter Commission presented the final version of the proposed
Charter to the Board. The Draft version of the Charter was presented on October
16th, for Commissioner comment. The Commissioners provided the Home Rule Charter
Board with additional comments, and the deadline for public comment was October
23rd. The Commission met on October 29th and made final revisions to the proposed
charter document (see attached press release from the Charter Home Rule Commission).
The changes included elimination of election of Councilmembers by district,
in favor of at-large election. Singer told the Board that the majority of
citizen comment favored the at-large vote. Filling a vacancy on the Council
with a person who is of the same political party as the person who vacated
office would require that party to have gained at least 10% of the total vote
cast for all candidates for the Council in the preceding general election. The
number of voters required to petition a referendum for amendments to the Charter was
reduced from 10% to 7%, and the number of voters required to sign a petition
for a referendum on borrowing would be 15% of the 80,000 registered voters
in Washington County. Commissioner John Barr commended the Charter
Commission for doing an excellent job in a short amount of time. The document
goes to the Election Board for inclusion on the February, 2008 ballot. If
the voters approve the change, Charter Home Rule would go into effect in March,
2008.
OTHER BUSINESS
Reports from County Staff: Gaming Office Director
Jim Hovis told the Board that House Bill 14, introduced this week in Annapolis,
would impose state regulation of tip jar fund collection and distribution in
all of the Counties in Maryland that now have local regulations for the control
of Gaming. Hovis will testify in Annapolis this week against that bill, and
requested Commissioners' support for that position. The Board will craft a letter
of support and send it to the Chairman of the Local Delegation, Del. Leroy Myers.
All non-profit organizations that benefit from the Gaming contributions were
urged to call or email the delegation in support of the County's position.
Recreation Director Jaime Dick told the Board
that the contract between the County and the basketball referee's association
was accepted by that body. Dick will sign the letter of intent on behalf of
the County.
Public Works Director Joe Kroboth reported that
he had been invited to present testimony on the Gasoline Tax proposal in Annapolis.
The current proposal would raise gas taxes 1 cent in 2008, and tie future links
to inflation rates. Kroboth said the alternative would be for the State to take
back the Highway User Revenue as it has in the past. Those funds provide for
paving roads, Kroboth said. The Commissioners advised Kroboth to go forward
with comments from the County perspective, citing the need for funding for road
infrastructure repair and maintenance.
County Administrator's Comments: County Administrator
Greg Murray reminded the Board that the Greater Hagerstown Committee will host
a breakfast meeting at Robinwood Medical Campus on Wednesday to focus on legislative
issues for the Special Session.
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.
No one appeared to make comment on this day.
PUBLIC HEARING: PRESERVATION EASEMENT RANKINGS AND APPLICATIONS
Land Preservation
Planners Eric Seifarth and Holly Thibault brought the Priority Ranking Spreadsheet
and list of properties applying to sell FY '08 easements through the Maryland
Agricultural Land Preservation Program (MALPP) before the Board. The request
was to approve the ranking spreadsheet of 25 applicants who applied to sell
easements, and to approve the use of State and County Agricultural Transfer
Tax matching funds in the amount of $1.34 million for the purchases. Seifarth
told the Board that Annually the Agricultural Advisory Board ranks properties
for the MALPP based on soil type, productivity, property size, proximity to
other easements, etc. Landowners are paid by the order of ranking until the
funds run out. State funding is 60%, up to $2 million, with 40%, up to
$1.34 million, of County matching funds. $700,000 would come from the
State Ag Transfer Fund and the remainder would come from the County Ag Transfer
Fund. Beverly Schreiber of Fairplay testified in favor of easements. Sam Hunter
testified that all farms should be included in preservation programs. Following
the hearing, the measures were approved by a 4-1 vote with Commissioner Aleshire
voting "no".
APFO SCHOOL MITIGATION FOR SHENANDOAH ESTATES
Planning
Director Mike Thompson, and Jason Divelbiss, attorney, representing the
John R. Oliver Company brought this Request for Approval of a School Mitigation
Proposal for an eight unit single-family development known as Shenandoah Estates
under provisions of the Adequate Public Facilities Ordinance. This is a continuation
of the discussions between the Board and applicant on October 2, 2007. At that
time, student enrollment figures were not known for the beginning of the 2007
school year for three schools at risk of overcrowding. The Board of Education
(BOE) provided staff with updated enrollment numbers as of September 30, 2007
for Fountain Rock Elementary, Springfield Middle School, and Williamsport High
School. Based on the updated numbers, Fountain Rock is at 111% of capacity,
Springfield Middle is at 94% of capacity and Williamsport High is at 100% capacity.
BOE recently approved the attendance boundaries for Rockland Woods and changes
in attendance area are anticipated to result in the shifting of approximately
133 students, which would put enrollment below the 90% level specified in the
Adequate Public Facilities Ordinance at Fountain Rock. Thompson told the Board
that when staff included the other factors specified in the APFO such as three
year average enrollment changes, and approved background development, the school
would exceed state rated enrollment limits by approximately four students. The
high school would still be at the 100% level, based on the BOE numbers. Staff
pointed out that based on estimates, the high school could be as high as 106%
of capacity when the background development and average enrollment are calculated
into the equation and the new housing is developed. Staff also pointed out that
the Board recently approved a mitigation plan for the remaining sections of
the Elmwood development, which would add 35 elementary, 18 middle school and
22 high school students into the equations when their agreement is signed, which
would increase the overall capacity impact on the Fountain Rock, Springfield
and Williamsport schools. consideration any other growth within the area. In
the event the proposed redistricting does not result in adequate space at the
elementary school the developer proposed 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. Discussion centered
on school enrollments at all three levels, and proper funding levels for mitigation.
The Commissioners did not support the proposal, and the developer will bring
the issue back to the Board at a later date. Planning Director Mike Thompson
requested a work session be set to discuss mitigation policies for small subdivisions.
TOUR: THE ARC OF WASHINGTON COUNTY
The Board
toured The ARC of Washington County facility at 820 Florida Avenue in Hagerstown.
Members of the ARC Board of Directors discussed the challenges facing the organization,
as well as funding sources and future plans to address them.
TRANSPORTATION GRANT AGREEMENTS
Public Transportation
Department Director Kevin Cerrone brought requests, to submit 5 annual grant
agreements to the Maryland Department of Transportation (MDOT), before the Board.
Fiscal Year 2008 Statewide Special Transportation Assistance Program (SSTAP)
Operating Grant Agreement. MDOT, through the Maryland Transit Administration
(“MTA”), its authorized agent, through the SSTAP has agreed to provide
a grant to Washington County to assist the County in providing transportation
services to elderly persons and/or persons with disabilities in Washington County
for Fiscal Year 2008. The County applied to MTA for financial assistance to
assist in financing the eligible net cost of the Project The estimated net project
cost is $ 195,889. The State share may not exceed 75% of the approved net project
cost or $ 146,917 whichever is less. The County would be required to provide
local public funds from sources other than revenue from the Project in an amount
sufficient, together with the Operating Assistance, to assure payment of the
actual net project cost. The local public funds would be in the form of in-kind
services. SSTAP provides taxi vouchers for reduced cab rides to eligible individuals.
Fiscal Year 2007 Small Urban Area Public Transportation (Section 5307) Operating
Assistance Grant. MDOT has agreed to provide a grant to assist in providing
public transportation within Washington County for FY 2007. The
County applied for assistance in financing the eligible net cost of the
Project . The Project is funded jointly by the MDOT and the Federal Transit
Administration at an estimated net project cost of $1,169,739. The combined
Federal and State shares may not exceed 75% of the actual net project or $ 719,739
whichever is less. The Federal share may not exceed $ 586,619 and the
State share may not exceed $133,120. The County’s share is $450,000.
Fiscal Year 2008 Americans with Disability Act (ADA) Operating Grant Assistance
Grant Agreement.. MTA, under the ADA Program has agreed to provide a grant
to assist in providing transportation services to persons with disabilities
in Washington County,. The County applied to MTA for financial assistance
with the eligible net cost of the project. The estimated net project cost
is $211,320. The State share may not exceed the approved net project cost
or $188,100 whichever is less. The County will be required to provide local
public funds from sources other than revenue from the Project in an amount
sufficient, together with the Operating Assistance, to assure payment of the
actual net project cost. Fiscal Year 2008 Capital Grant Agreement. MDOT
has agreed to provide a grant to Washington County to assist the County in
the purchase of three 20/2 Medium Duty Buses, as replacements for buses #436,
438 and 440, one 5/3 Small Bus as replacement for bus #545, a support
vehicle to replace one currently in use, preventative maintenance and
radio & mobile data communication, for FY '08. The County
applied for assistance in financing the eligible net cost of the Project.
The Project is funded jointly by the Maryland Department of Transportation
and the Federal Transit Administration at an estimated net project cost of
$742,824. The combined Federal and State shares may not exceed 90% of the
actual net project or $668,542, whichever is less. The Federal share may not
exceed $594,260 and the State share may not exceed $74,282. The County’s
share is $ 74,282. Fiscal Year 2008 Job Access and Reverse Commute (JARC)
Operating Assistance Grant Agreement. MDOT, through MTA and through the JARC
program has agreed to provide a grant to Washington County to assist in providing
transportation services under MTA’s Job Access and Reverse Commute program.
The County applied to MTA for assistance in financing the eligible net cost
of the Project. The Project is funded jointly by the Maryland Department of
Transportation and the Federal Transit Administration. The estimated net project
cost is $180,948. The Federal share may not exceed fifty percent (50%) of
the actual net project cost or $38,211 whichever is less. The State’s
share shall not exceed $33,002. The local share is $109,375. JARC provides
services to clients of the Department of Social Services to and from
employment and child-care services. All measures were approved by unanimous
vote.
BOONSBORO LIBRARY CHANGE ORDER
Public Works
Director Joe Kroboth and Deputy Chief Engineer Rob Slocum brought this request
before the Board. The request was to approve Change Order number 3 for the Boonsboro
Library Architect, Murphy and Dittenhafer Architects, Inc. (M&D),
No. 3 in the amount of $52,330, for additional design, geotechnical fees, and construction administration. In July of 2004 M&D was awarded “Architectural Services for Smithsburg and Boonsboro Libraries”. The Request for proposals as well as M&D’s response indicated that the two buildings would consist of the same general floor plan; allowing for concurrent design. However, the footprints and floor plans turned out to be distinctly different, requiring separate schedules, concepts, designs, meetings, presentations, reviews and comments. M&D’s claim is for billable hours totaling $20,000 and appears to be accurate in that there was little redundancy in design between the two buildings. During design of the Boonsboro Library, M&D hired Hillis Carnes Engineering Associates, Inc. to perform soil borings. Hillis Carnes was on site in November of 2005 to perform all of the Borings; however they were directed to demobilize and later remobilize for a single boring while a property line was verified. The additional fees to do so totaled $2,330. Construction of the Boonsboro Library as well as M&D’s construction administration services were scheduled for completion on July 25, 2007. The Contractor will require additional time to complete construction, which will require additional construction administration. The proposed change order will provide for construction administration on a time and material basis for August through December of 2007. The upset limit is proposed at $6,000 per month for a total of $30,000.00 . The Contractor has been advised of liquidated damages, which would address the additional expense incurred by the County. The measure was approved by unanimous vote with the provision that liquidated damages be pursued in full.
EXCISE TAX DISCUSSION
County Administrator
Greg Murray brought this discussion before the Commissioners. On October 16th the
Commissioners discussed several proposed revisions to the Excise Tax Ordinance
as proposed in the Excise Tax Task Force (ETTF) recommendations. New information
regarding retail construction within the City of Hagerstown was presented impacting
the first 5 of the recommendations before final action could Be taken. The Board
agreed to provisions to remove the exemption for elderly housing, to tax
on square footage rather than dwelling units, to charging 50% of the new construction rate
for additions, and to charging multifamily units equal rates with residential
construction based on gross square footage. Exemptions for farm construction,
government buildings, residential accessory structures, schools, redevelopment
areas, enterprise zones and religious corporations would remain in the ordinance.
A section of the ordinance that dealt with provision of additional capacity regarding
schools was eliminated. Approval was given to developing a separate policy for
development of affordable and workforce housing. The provision for
doubling the excise tax rates for greater than 25 units per development in a
year was retained, to be clarified using the word "subdivisions" rather
than "applicant". After discussion of the issues including the new
information on non-residential construction in the City, the Board came to consensus
to support a rate of $3.00 per square foot for Non-Residential Construction
for retail businesses, and $1.00 per square foot for Non-Residential Construction
other than retail. Residential construction was approved by consensus at $3.00
per square foot across the Board with additions at 50% of the new construction
rate. The recommendations will be taken to the Local Delegation to the Maryland
General Assembly at a meeting on November 13th.
CHARTER HOME RULE COMMISSION MEDIA RELEASE
FOR RELEASE AT 10:00am OCTOBER 30, 2007
Contact Jeanne Singer 301-991-5234.
PROPOSED HOME RULE CHARTER PRESENTED
The Washington
County Charter Board presented its proposal to the County Commissioners on
behalf of the voters of Washington County.
The Charter
will allow our local laws to be made here in our County under the eyes of all
County residents. The County Council is required to publish notice of
these proposed laws in a local paper and to hold a public hearing prior to adopting
such laws. Most laws that are adopted by the Council
are also subject to referendum if a sufficient number of citizens object to
the law as passed. The process is much more open to the citizens of Washington
County and results in increased accountability of our elected officials.
The Charter
Board began deliberations in December 2006 as part of the process of bringing
Home Rule to Washington County. Home rule will put Washington County
in the company of the majority of counties in Maryland. Home Rule will:
give county government more authority over local issues; provide more timely
local decision-making free from dependence on when the General Assembly is in
session; expand accountability to the citizens by increasing transparency of
the legislative process and increasing opportunities for citizen input; give
citizens the ability to change local government by amending the Charter if needed
to respond to pressures brought about by such issues as development and growth
management; and give citizens the right of referendum on matters of local legislative
action.
The voters
of Washington County will cast ballots to adopt the Charter and thus Charter
Home Rule on February 12, 2008.
In comments
to the County Commissioners, Jeanne Singer, Chair of the Washington County Charter
Board said, “The charter board circulated a draft Charter in August. At
that time, we announced our desire for greater citizen input and reaction to
the draft. Over the last two months, the draft Charter has been read by
hundreds of citizens. Presentations have been made to dozens of local
civic and political organizations. Hundreds of comments have been
received related to that draft.”
“As
a result of those comments, the Charter Board made changes to the August draft. Overwhelmingly,
the comments expressed opposition to any system of election of councilmembers
that involved the establishment of districts. The citizens advocated
an at-large election of County Council. In light of the number of such
comments, the Charter Board revised its draft to provide for at-large election," Singer
said.
"Adoption
of charter home rule will give the citizens a new right: referendum. With
this right, citizens will have the right to challenge legislative action, by
collecting a sufficient number of signatures. The citizens of Washington
County responded favorably to this right. The feedback that the Charter
Board received was to make it easier to bring issues to referendum. In
response to this feedback, the final proposal reduces the issues that are exempt
from referendum and makes it easier to bring issues to referendum by reducing
the number of required signatures,” she said.
“Besides
creating referendum and establishing greater local autonomy on issues of a strictly
local nature, this Charter makes another significant change in the organization
of county government. The Charter Board was concerned about the
current system of 5 commissioners. It is difficult for five individuals
to thoroughly know the issues being discussed by the County’s numerous
boards and commissions (there are currently more than 50) and to also know the
details of local community issues. Individuals in the southern and
western parts of Washington County also expressed concern that they had
not been represented on the Board of County Commissioners in over 30 years. Our
research suggested that there was merit to this argument, Singer said. “We
addressed these two concerns by increasing the size of the Council from 5 to
7. With seven Councilmembers, the workload would be spread over
more individuals. In addition, our research also indicated that, in recent
elections, the parts of the county that felt they were underrepresented would
have elected Councilmembers, " she said.
Singer said, "We
felt that the additional cost of two Councilmembers’ salary of $30,000
each out of a budget in excess of $309 million was a cost effective investment
for improved local government.”
“The
Board also received a significant amount of feedback relating to issues that
a Charter may not address. For instance, the Charter may not give its
citizens a right of recall to remove elected officials mid-term or a right of
initiative to create local laws. The Charter also may not set the salaries
of the Councilmembers," she said.
“We
also encountered a fair number of myths relating to Charter government. For
example, the Council may not, under charter home rule, create new taxes. The
Council will only be able to adopt purely local laws. All other laws will
continue to be adopted by the General Assembly," she said.
Simnger concluded, "On
behalf of the Charter Board of Washington, we thank the citizens of Washington
County for the feedback they provided to us over the last two months. The
Charter that has resulted is a consensus document drawn from the wide range
of opinions and suggestions offered over the last 10 months. The Board
urges the Charter’s adoption by the citizens of Washington County in February. The
full text of the Charter is available at www.charterboard.org.”
For further
information contact Singer at 301-991-5234.