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
November 13, 2007
THE BOARD ATTENDED GROUNDBREAKING FOR THE BARBARA INGRAM SCHOOL FOR THE ARTS AT THE MARYLAND THEATER ON SOUTH POTOMAC STREET IN HAGERSTOWN
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Jim Kercheval reported on attending
the People's Choice event in Hagerstown last week recognizing three individuals
for their outstanding volunteer efforts. The Commissioner was contacted by the
Maryland Association of Counties (MACo) regarding questions arising from Local
Delegation members regarding County Fund Balances. Kercheval met with the Budget
and Finance Director and compiled information that was sent to members of the
Delegation. The Commissioner noted that our Fund Balance does not reflect
actual "Rainy Day" reserves for the County which is at 17%. It
also includes millions in funding committed to Capital Projects already awarded
and waiting for invoices to be expended. The Commissioner also noted the
importance of having our 17% Reserves due to the requirement to forward-fund
Federal and State proceeds for Capital projects, such as schools and bridges. Cash
Flow projections from Budget and Finance show as much as $15 million is needed
to be advanced in one year based on the current Capital Project schedule. Not
having those reserves could cause a delay in Capital Projects due to cash flow
problems. According to a Moody's publication, Washington County's 17%
reserve fund is less than comparable AA-rated Counties which average 25%. Kercheval
commended County Veterans' for their service to the Nation in celebration of
Veteran's Day.
Commissioner
Kristin Aleshire commented on attending the Veterans' Day ceremony on Sunday
at the County Courthouse. The Williamsport Town Meeting on Monday evening discussed
the Town/County road project through the Town Park, on a need for repairs to
the Town swimming pool, and chalking of parked cars. Aleshire said he would
be attending a Maryland Department of the Environment seminar on water and sewer
resources later in the week. Those who participated in the Antietam Watershed
cleanup event should be placed on a future BOCC agenda to make a full report
of those activities to the Board, Aleshire said. Attending a meeting of the
Citizens for the Protection of Washington County (CPWC) meeting last week
presented an opportunity to correct some inaccuracies about the County Excise
Tax and the amount of money included in the Capital budget for new schools,
Aleshire said.
Commissioners' President John Barr commended
County groups for holding the Veterans' Day commemorative ceremonies. The Economic
Development Commission meeting last week discussed the approved Excise Tax recommendations.
Barr commented on attending the People's Choice Awards and thanked those honored
for their volunteer efforts in the County. Barr reported on attending
an event at the Center for Business and Training on Friday and a meeting of
the PenMar Development Corporation on Monday of this week.
INTRODUCTION OF NEW EMPLOYEES
Human Resources Director Bill Sonnik brought
one new employee before the Board for introductions and welcome. David G. Swain
is the new Deputy Director of Water Quality Operations in the Division of Environmental
Management.
UPDATE OF AIR QUALITY STATUS
Senior Planner
Jill Baker brought this update of the County's Air Quality Status to the Board,
with a request to endorse the Maryland Department of the Environment request
to the U.S. Environmental Protection Administration for re-designation of air
quality in the County. The
Early Action Plan for Washington County was a process that started in December
2002 after the United States Environmental Protection Agency (EPA) amended the
National Ambient Air Quality Standards for Ozone. With the changes in
the National standards, the historical monitoring data for Washington County
exceeded the new standards and therefore put us in a non-attainment status. For
areas such as Washington County that were previously in attainment and were
now found to be in a marginal non-attainment status, the EPA developed a process
by which these new non-attainment areas could request a deferred status. Basically,
this deferment was intended to provide a benefit to those areas that demonstrated
attainment standards and could be reached by December 2007. The benefit
would be that issues related to a non-attainment status, such as transportation
conformity, would not be required during the deferment period. In addition,
if the areas could demonstrate attainment by the December 2007 deadline, an
attainment status would be granted to the area, again negating the need for
conformity. Discontinuing the implementation of the Early Action Plan would
insure that a designation of non-attainment would be immediately imposed. This
designation would lead to stricter air quality standards and could possibly
affect the funding and/or timing of transportation projects that receive federal
assistance. Baker asked that the Board endorse the MDE request to EPA for re-designation
of Washington County, reinstating attainment of the 8-hour Ozone standard. The
measure was approved by consensus.
WORKFORCE HOUSING PROJECT
Dave Jordan,
Executive Director of the Washington County Community Action Council, Inc. and
Larry Bayer, Community Development Director for the City of Hagerstown brought
a proposal for a Workforce Housing Project in the 500 block of South Potomac
Street across from Bester Elementary School before the Board. The request of
the Commissioners was to participate in the development of a Workforce Housing
Program in Washington County. Jordan said that
the project will construct 4 duplex dwellings and 1 single family detached
unit for a total of 9 units on vacant parcels now owned by the City of Hagerstown.
The units, designed to be architecturally compatible with the neighborhood,
will sell for $130,000 to $135,000 and will provide the owners with a 1,200
to 1,500 square foot home with alley access to off-street parking and fair sized
rear yards. These units are not intended to be low-income housing but
moderate-income housing for those with household earnings similar to entry-level
police officers, fire fighters, lower level managers at area businesses or teachers.
Jordan said the project is an example of how workforce housing can be created
in Washington County and will set the stage for the future development workforce
housing. One intended result of the project will be the creation a Land/Housing
Trust. The land the units rest on will be retained by the Land Trust to
maintain the workforce housing affordability in the long term. The homeowner
will purchase only the improvements. Funding for the project would come from
several sources including local, state and federal. Funding from some
sources would be in the form of a grant and some will require repayment. Proceeds
from the sale of units not required for repayment or reimbursement would be
used to create a revolving fund to assist with similar projects Students
at the Technical High School could participate in the construction of the single
family detached unit. This particular unit will also be developed as barrier-free.
The proposed development would have a cost of $1.9 million, including $400,000
from the County, which would be repayable. The City would contribute $500,000
in CDBG funds as well as the land valued at $280,000. Discussion centered on
allowing County citizens to be first in line for the program. Money for development
of such a program was set aside in the current Fiscal Year budget. The
measure was approved on a 4-1 vote with Commissioner Wivell voting "no".
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 date.
OTHER BUSINESS
Appointments to Boards and Commissions: County
Clerk Joni Bittner and Office on Disability Issues Administrator Norman Bassett
requested reappointment of two individuals to the Washington County Disability
Advisory Committee. Erin Teach would be appointed for her first full three-year
term. Peggy Martin who has served the allotted number of three-year terms, would
require a term limit waiver. The measure was approved by unanimous vote.
County Administrator's Comments: County Administrator
Greg Murray told the Board that a final version of the Excise Tax recommendations
will be presented for review next week. The 5th annual Washington County Economic
Development Summit will be held Wednesday at 6:30 p.m., Murray said.
Staff Comments:
Pubic Works Director Joe Kroboth advised the Board that the CSX Railroad crossing
repair schedule posted last week has been changed at the request of CSX. The
Railroad announced that the Longmeadow Road crossings will be closed on November
14th and 15th, rather than November 19th through 21st as had been previously
announced.
PUBLIC HEARING: REPEAL, ENACTMENT AND ADOPTION OF BUILDING, ELECTRICAL,
MECHANICAL, FUEL GAS AND PLUMBING CODES
Permits and
Inspections Director Dan DiVito, and Angela Smith, Deputy Director brought a
number of codes to Public Hearing for Repeal, Enactment and Adoption. The request
was to Repeal the 2003 International Residential Code for One- and Two-Family
Dwellings, Fourth Printing, with local amendments and Enact the 2006 International
Residential Code for One- and Two-Family Dwellings, First Printing, with local
amendments; Repeal the 2003 International Building Code, Fifth Printing, with
local amendments and Enact the 2006 International Building Code, First Printing,
with local amendments; Repeal the 2003 International Plumbing Code, with local
amendments
And Enact the 2006 International Plumbing Code, Second Printing, with local
amendments; Repeal the 2003 International Mechanical Code, First Printing,
with local amendments and Enact the 2006 International Mechanical Code, First
Printing, with local amendments. The measure also included requests to Enact
the 2006 International Fuel Gas Code, Second Printing, with local amendments,
to Enact the 2006 ICC Electrical Code – Administrative Provisions,
First Printing, with local amendments, Adopt the Maryland
Building Rehabilitation Code, including the Maryland Building Rehabilitation
Code Guidelines, and to Adopt Civil Citations Guidelines. Divito
told the Board that the MBRC became effective throughout
the State on June 1, 2001, to encourage and facilitate the rehabilitation
of existing buildings by reducing the cost of and constraints on rehabilitation
that result from existing procedures and standards. The MBRC encourages
uniformity throughout the State by providing funding for certain programs
to those local jurisdictions that adopt and administer the MBRC without making
local amendments.
Pursuant to the Code of the Public Local Laws of Washington County, Maryland,
the County may impose civil penalties for violations of the Washington County
building codes in the event a violation is not corrected in a reasonable period
of time. The goal of imposing civil penalties is not to generate revenue,
but to encourage those in violation to bring their properties into compliance
with the building codes. The Permits and Inspections Department reactivated
the Code Review Committee to review the changes to the Codes and to make recommendations
for the local amendments. Also, the Washington County Plumbing Board
and the Electrical Board of Examiners and Supervisors convened to review any
changes affecting their respective codes. On August 30, 2007, the Department
of Permits and Inspections 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. Copies of the
proposed ordinances and guidelines are available for review in the Office
of Permits and Inspections, 80 West Baltimore Street in Hagerstown, or on
the County's web site at www.washco-md.net. Gary
Austin of Funkstown asked for clarification of questions regarding Civil Citations,
appeals to the Building Board and length of time for filing those appeals. John
Towns of Hagerstown commented on recommended minimum depth for sewer lines.
Codes enforcement Officer Divito stated that the minimum depth is recommended
and contractors could dig deeper trenches if they choose to do so. Tim Fields
of Hagerstown commended Permits and Inspections on listening to the building
community when renewing those codes. The Public Hearing was closed and changes
based on the input will be considered. The final adoption will take place
in two weeks time.
HISTORIC DISTRICT ADVISORY COMMITTEE RECOMMENDATIONS
Chairman
Ralph Young and other members of the Washington County Historical Advisory Committee
(WCHAC) brought this follow-up on recommendations, regarding historic preservation
that were previously discussed with the Commissioners at a meeting on May 22nd. Young
said that the County has two opportunities for preservation
among the properties it owns citing the 1818 Stone house on French Lane. Use
as a possible tourist center was previously investigated. Buildings, Grounds
and Parks has taken charge of protecting the property, but permanent disposition
is needed, Young said.. Staff has proposed sale of this property with protective
easements in order to return it to tax rolls and save it for future generations.
The Brumbaugh-Kendle-Grove farmstead sits on the edge of the proposed new airport
runway and contains a late 19th century brick house , a pierced-end brick barn
and an 18th century smokehouse. The group requested that the County find
an adaptive reuse of the farmstead. WCHAC recommends another Historic Site Survey
to include those structures missed in the earlier effort and those important
structures built between 1875 and 1925. WCHAC recommended prevention of demolition
permits being issued. A model for such a law can be found in the historic preservation
acts of Anne Arundel County. WCHAC also recommended that the code be strengthened
so that penalties for demolition without permit can be enforced and that fines
for this be heavy. The County Attorney will confer with Airport management on
FAA requirements for the historic property located there. A comprehensive state
survey of historic structures in the County is available for use, Commissioner
Aleshire said. The group will bring additional information to the Commissioners
in the spring.
CITIZEN SCRAP TIRE DROP-OFF DAY
Harvey Hoch,
Recycling Programs Coordinator brought this review of Citizen Scrap Tire Drop-Off
Day, and requested execution of an Intergovernmental Agreement (IGA) with
Maryland Environmental Service (MES) for the Citizen Scrap Tire Drop-Off Program.
The Maryland General Assembly established a Scrap Tire Recycling System in 1991. Funding
is obtained by a fee charged for each new tire sold in Maryland. Funds
collected are then used to clean up scrap tire dumps and on occasion to fund
citizen scrap tire drop off events. Washington County has participated
in five citizen scrap tire events in the past. Executing the IGA would
allow the County and MES to plan and hold a Citizen Scrap Tire Drop-Off Day
event in May of 2008 at the Forty West Landfill. MES would provide funds
for a maximum of 8 containers for transporting the tires collected and the disposal
of a maximum of 90 tons of scrap tires. MES would provide reimbursement
for up to $1,450.00s for event advertising costs. Washington County would be
responsible for the disposal costs for any tires collected over the maximum
and for any additional labor that may be required for the event. The event
would be held at the Forty West Landfill on a Saturday between the hours of
7:00 AM and 3:00 PM. Washington County residents would be allowed to bring up
to 10 tires per household/vehicle at no charge. Tires must be under 17
inch rim size with the exception of agriculture tires. Commercial and
business tires would not be accepted in this event. Tires not accepted
in the event could still go across the scales but current disposal rates would
apply. Adjustments have been made to the number and types of tires accepted
based on the level of state funding. The IGA was approved, amended to read "8
car or truck tires and two agricultural tires per household".
PRESENTATION OF JUNE 30, 2007 AUDITED FINANCIAL STATEMENTS
Financial
Advisor Mike Manspeaker of Smith, Elliott, Kearns and Debra Murray, Director
of Budget and Finance brought this presentation of the June 30, 2007 audited
Financial Statements to the Board. Manspeaker told the Board that the
Audit is an unqualified opinion, Clean, and follows Federal reporting criteria.
The report contained a Management Discussion and Analysis, Government-Wide Statements,
Fund Statements, Footnotes, and Required Supplementary Information. General
discussion took place on various funds of Washington County, including but not
limited to, the General Fund, Capital Improvements Fund, and Solid Waste Fund.
Total Net County Assets are valued at $534.18 million for FY 2007, an increase
of 5% over FY 2006. Revenues exceeded expenses for the year, and the General
Fund had a surplus of $3.6 million, which is required by law to go to Cash Reserves.
The pension fund has assets of $50.4 million and the LOSAP fund has assets of
$3.9 million for FY 2007. Manspeaker told the Board that County finances continue
to look very good.
LEGISLATIVE AGENDA ITEMS FOR THE 2008 GENERAL ASSEMBLY SESSION
Assistant County Attorney Kirk Downey, and Staff members brought this review of potential Legislative Agenda Items for the 2008 General Assembly session before the Board with a request for consensus on items for inclusion in that Agenda. Items identified by County staff included: Revision of enabling legislation regarding calculation and application of the Building Excise Tax; Update and revision of Title 7 of the Code of Public Local Laws by removing obsolete items pertaining to the Road Engineer; Request enabling legislation to pass an ordinance that prohibits the parking of commercial trucks on public roadways; Raise the Procurement – Public Bid Threshold from $25,000 to $50,000 before public bidding is required; Revise the method by which professional and specialized services are awarded, distinguishing them from purchased goods; Remove specific regulations from the Code for Electrical Regulation, Title 8 – Code of Public Local Laws and replace with enabling language that allows the Electrical Board to adopt and revise regulations after review by the Board of County Commissioners; Request by the Sheriff’s Department for enabling legislation to adopt a Special Events Ordinance governing the permitting and public service provisions of certain assemblies; Update language in the Code of Public Local Laws regarding duties of County Clerk to accurately reflect present practices; Request Delegation support in maintaining the structure and financing of Local Management Boards; Monitor impact of the proposed Green Fund Initiative on local governments; Consideration of means to address the provision of livery services for delivery of bodies to the State Medical Examiner for autopsies; and Revision of language in the Code of Public Local Laws enabling adoption of a County sidewalk ordinance. The measures were adopted by consensus with certain clarifications to language, with the exception of a request for enabling legislation for assessment of a future fire/emergency services tax or fee, which was removed. The Board will meet with the Local Delegation later in the month to discuss the requests.