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HomeMy WebLinkAbout080219 February 19, 2008 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 8:37 a.m. by President John F. Barr with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Barr, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – FEBRUARY 12, 2008 Motion made by Commissioner Kercheval, seconded by Baker, to approve the minutes of February 12, 2008. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Baker reported on the Recreation & Parks Advisory meeting. He thanked Jerry Poffenberger for serving as the representative from the Agricultural Education Center. Commissioner Baker stated that he attended the Hancock Youth Basketball Program and thanked its sponsors. Commissioner Kercheval stated that he attended the groundbreaking ceremony for the new hospital. He reported on the meetings of the Local Management Board and Public Golf Corporation Board. Commissioner Kercheval noted that there has only been one Commissioner serving on the Economic Development Commission since Commissioner Aleshire left the Board in order to serve on the PenMar Development Commission Board. He asked if any of the Commissioners would want to volunteer to serve on this Board. The Commissioners discussed the issue but made no Governing decisions. Commissioner Kercheval stated that Magazine recently published an article on the various ways that information technology (IT) departments are “going green” by using less electricity. He found that the County’s IT department had already begun this process and had initiated some of these practices. He commended them for their foresight. Commissioner Aleshire stated that he read the County Commuter Transfer Point Relocation Report. He informed the Commissioners that he attended the groundbreaking ceremony for the new Washington County Hospital and the Hagerstown Fire Company’s annual banquet. He stated that he believes there should be a process instituted to permit the Historic District Commission (HDC) to review requests for demolition permits being requested for historic structures so it is not a forgone conclusion before they arrive at the HDC process. Commissioner Aleshire stated that he received information on the Plan B pill and RU486 and distributed it for the Commissioners’ review. Commissioner Wivell thanked all those who were involved in the Charter Home Rule process. He stated that he attended the Hospital’s groundbreaking ceremony. He asked for an update on the status of the Volunteer Coordinator position for Fire and Emergency Services. Commissioner Barr thanked all who helped in the election process. The Commissioners discussed the time extension given for voting hours on Maryland’s Primary Election day due to the bad weather conditions and asked for information on the number of people who voted during that time in Washington County. Commissioner Barr stated that he attended the Hospital groundbreaking ceremony and the grand finale of the United Way campaign. He informed the Commissioners that the next Transportation Advisory Committee meeting would be held in March. INTRODUCTION OF NEW EMPLOYEES William Sonnik, Human Resources Director, introduced new County employee Tod Gelwicks (Sheriff’s Patrol). The Commissioners welcomed Mr. Gelwicks and wished him well in his new position. CERTIFICATE OF MERIT – JULIE PIPPEL Commissioner Barr presented a Certificate of Merit to Julie Pippel, Director of the Division of Environmental Management, in recognition of her participation on the Tributary Team, which worked to further FEBRUARY 19, 2008 PAGE TWO Maryland’s Water Quality and Nutrient Pollution Reduction goals and for being named as a “2007 Tributary Team Watershed Hero” for the Upper Potomac Tributary Team. Ms. Pippel thanked the Commissioners for the Certificate. FINAL REPORT - TRANSFER OF DEVELOPMENT RIGHTS Eric Seifarth, Land Preservation Administrator; Tyson Smith, Esq., AICP; and Jim Nicholas, White & Smith, LLC, met with the Commissioners to present the Transfer of Development Rights (TDR) Final Report. Mr. Seifarth stated that the firm of White & Smith was hired to provide design services for a TDR program in Washington County. He indicated that when TDR Programs are used to preserve agricultural land and historic landmarks, the resource area is officially described and becomes a “sending area” where development rights may be transferred to another property in a designated “receiving area.” The easements recorded in the sending area when the rights are transferred, serve to permanently protect the resource from development and to provide equity to landowners. Mr. Nicholas reviewed a map of the proposed “sending area” which could include the entire rural area of the County. He stated that they estimate there are currently 14,222 development rights plus 5,994 exempt lots. Mr. Nicholas indicated that the market will determine the price of the TDRs, but they estimated $10,032. He proposed three alternatives for the Receiving Areas: 1) The entire unincorporated Urban Growth Area (UGA); 2) Fringe areas one-quarter mile outside the UGA; or 3) Fringe areas outside of certain Rural Villages. Mr. Nicholas also reviewed alternatives for the receiving areas. Mr. Nicholas outlined components for success of the program to include designation of receiving areas, instituting an early entry bonus, reducing TDR competition, monitoring purchase of development rights programs, and consideration of non- residential TDRs. The meeting was opened for questions and discussion. Commissioner Aleshire expressed concern that the City of Hagerstown controls the water and sewer service in those areas and has indicated that they are not interested in participating in the TDR program and will not extend public service outside the UGA. Greg Murray, County Administrator, indicated that the plan must also be integrated with the State’s Environmental Nutrient Removal (ENR) program, which calls for a 1:6 sewer ratio. Mr. Smith reviewed the transfer process. He stated that TDRs are economically feasible in Washington County and can work. He stated that the TDR program should be regarded as both a short- term and long-term planning process. Mr. Smith indicated that the next steps would be to review the Comprehensive Plan for needed amendments, prepare the TDR Ordinance, administration manual and forms. PUBLIC HEARING - BONNARD MORGAN RURAL LEGACY PROGRAM – DONATED EASEMENT A public hearing was convened at 10:13 a.m. to hear comments regarding a request to utilize State Rural Legacy Program funds for a donated easement from Bonnard Morgan. Mr. Seifarth, Land Preservation Administrator, and Peter Vorac, Mid-Maryland Land Trust (MMLT) met with the Commissioners to request their approval for the use of State funds awarded to purchase Rural Legacy program easements on 204 acres being donated by Bonnard Morgan and on 70 acres of donated easements through Maryland Environmental Trust (MET) and MMLT. Mr. Seifarth stated that this represents a total of 50 building rights by zoning being preserved. He informed the Commissioners that the cost for 204 acres being donated is $958,253.64 in State Rural Legacy funds and includes the easement cost, compliance cost, closing fees, title work, and administrative costs. The compliance fee and administrative fees for the donated easement value of approximately $18,000 will be paid through the Agricultural Transfer Tax Fund. The meeting was opened for public comment. There was no one who wished to comment and the hearing was closed at 10:16 a.m. Motion made by Commissioner Wivell, seconded by Kercheval, to approve the use of State funds awarded to purchase Rural Legacy program easements on FEBRUARY 19, 2008 PAGE THREE 204 acres being donated by Bonnard Morgan and on 70 acres of donated easements through the Maryland Environmental Trust and Mid-Maryland Land Trust. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, reminded the Commissioners that the State of the City presentation would be held on March 4. He informed the Commissioners that he was one of three County residents accepted into the Leadership Maryland Program and stated that he is honored to be included in the Program. Robert Gordon, Director of the Hagerstown-Eastern Panhandle Metropolitan Planning Organization (MPO), met with the Commissioners regarding the process the MPO uses for procurement. Mr. Gordon stated that MPO funds are funneled through the County government as a pass-through, although the funding is not from the County government or necessarily for local projects. He asked for authorization not to use the County’s procurement process for those projects where the contracts are awarded by the MPO. Motion made by Commissioner Kercheval, seconded by Baker, to exempt the Hagerstown-Eastern Panhandle MPO from being required to utilize the Washington County’s purchasing policies when awarding contracts or bids that do not contain County funds, but to use their own MPO purchasing policies and allow the County to act as a pass-through for the funds with the condition that no liability is incurred by Washington County. Unanimously approved. REPORTS FROM COUNTY STAFF Joe Kroboth, Director of Public Works, informed the Commissioners that a public information meeting regarding the proposed Keep Tryst Road public communications systems tower site is scheduled for March 26 at the Pleasant Valley Elementary School. CITIZENS’ PARTICIPATION Tom Berry requested a copy of the consultant’s report on Transferable Development Rights and the Comprehensive Plan update when available. He commented on the Charter Home Rule process and appointments. John Himes spoke to the Commissioners regarding traffic concerns and the need for a traffic signal at the intersection of Keep Tryst Road and Valley Road. He also stated that a dusk-to-dawn light has not been working since September. The staff agreed to check on the light. The Commissioners also provided Mr. Himes with a copy of the State Highway Administration’s proposed improvements to Keep Tryst Road. FY 2009 FUNDING FOR RELOCATION OF PORTABLE CLASSROOMS Boyd Michael, Assistant Superintendent for School Operations, and Robert Rollins, Director of Facilities Planning & Development, appeared before the Commissioners to request approval of forward funding of $1.5 million from the FY 2009 Capital Budget for the relocation of portable classrooms. Mr. Michael stated that eighteen portable classrooms would be relocated from Pangborn, Maugansville, and Fountain Rock Elementary Schools to nine different schools. He reviewed the breakdown of the estimated costs. The meeting was opened for questions and discussion. The Commissioners expressed concerns for the per-unit costs associated with relocation of used portables and questioned the need to use fiber versus less- costly wireless connectivity for computer access. The Board staff noted that they would attempt to secure lower relocation costs during the bidding process and revisit the use of fiber with their Information Technologies staff. Motion made by Kercheval, seconded by Aleshire, to approve the request made by the Board of Education to forward fund $1,500,000 from the FY 2009 Capital Improvement Program (CIP) budget for the relocation of eighteen portable classrooms from their current locations to nine different schools. Unanimously approved. FEBRUARY 19, 2008 PAGE FOUR CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to convene in closed session at 11:19 a.m. to consider the acquisition of real property for a public purpose and matters directly related thereto; to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; and to consult with counsel to obtain legal advice, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Wivell, seconded by Kercheval, to reconvene in open session at 12:06 p.m. Unanimously approved. In closed session, the Commissioners considered the acquisition of real property for a public purpose and matters directly related thereto; considered a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; and consulted with counsel to obtain legal advice. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present at various times were Gregory Murray, County Administrator; John Martirano, County Attorney; Joni Bittner, County Clerk; Joe Kuhna, Real Property Administrator; Tim Troxell, Executive Director of the Economic Development Administration (EDC); and Sonja Hoover, EDC Fiscal/Research Specialist; Robin Ferree, EDC Deputy Director; Robert Garver, Regional Office of the Department of Business & Economic Development; Rob Slocum, Deputy Chief Engineer; Joe Kroboth, Director of Public Works; Pete Loewenheim, Communications Maintenance Supervisor. RECESS – LUNCHEON WITH LEAGUE OF WOMEN VOTERS The Commissioners recessed at 12:06 a.m. to attend a luncheon sponsored by the League of Women Voters. AFTERNOON SESSION The afternoon session was called to order at 1:48 p.m. by President John F. Barr, with the following members present: Vice President Terry L. Baker, and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. BUDGET PRESENTATION – TRANSPORTATION DEPARTMENT Kevin Cerrone, Transportation Director, outlined the services and programs offered by the County Commuter and reviewed the operating summary of revenues and expenditures. He indicated that the County Commuter is primarily funded by fare box revenues and State and Federal grants; although a General Fund contribution is required as a matching fund for the grants. He outlined the programs offered by the Transportation Department. Mr. Cerrone presented the proposed budget for FY 2009 in the amount of $2,400,460. He stated that the requested General Fund appropriation for FY 2009 is $472,220. The meeting was opened for questions from the Commissioners. BUDGET PRESENTATION – HIGHWAY DEPARTMENT Ed Plank, Superintendent of the Highway Department, introduced the following members of his staff who helped to prepare the budget: Diane Mongan, Administrative Assistant and Jack Reynard, Fleet Manager. He also thanked the Budget & Finance Department for their assistance in compiling the budget. Mr. Plank stated that highway user revenues fund the Department, which is distributed by the State to maintain the road system. He stated that he is not asking for additional personnel but only for the replacement of some smaller equipment. Mr. Plank outlined the programs that his department would like to enhance in the future. He presented the Highway Department’s FY 2009 budget request for $9,479,760. He highlighted the major changes in budget categories and line items, the reasons for the proposed increases and reductions, and answered questions from the Commissioners. FEBRUARY 19, 2008 PAGE FIVE CHANGE ORDER – 911 CENTER Joe Kroboth, Director of Public Works, informed the Commissioners that a lump sum of $115,000 was budgeted to purchase furniture for the dispatchers for the new 911 Center in the renovated Water Quality building. Mr. Kroboth stated that an additional $60,241.67 would be needed to purchase necessary components for the furniture. He informed the Commissioners that the funds will be reimbursed entirely by the 911 Emergency Systems Board; however, the Board does not meet until March and delivery would be delayed if they do not proceed in advance of having the approval. Motion made by Commissioner Kercheval, seconded by Baker, to approve an additional $60,241.67 for the purchase of furniture for the dispatchers at the 911 Center, with staff to pursue reimbursement from the 911 Emergency Numbers Systems Board. Unanimously approved. 2008 UPDATE OF THE ADOPTED COMPREHENSIVE PLAN: THE SIX-YEAR REVIEW Stephen Goodrich, Chief Planner, and Chris Cochrane, Associate Planner, appeared before the Commissioners to provide an update on the Comprehensive Plan: The Six Year Review. Mr. Cochrane explained that the 2008 update is not a new plan but a revision to the 2002 plan. The Six-Year Review allows the update of necessary data, maps and chapters. Mr. Cochrane reviewed the steps that the staff will take to update the plan. Mr. Goodrich stated that the deadline for submission of the updated plan is September 2008 and noted that they would appear before the Commissioners again prior to that date. The meeting was opened for questions. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Baker, to adjourn at 3:28 p.m. Unanimously approved. ___________________________ County Administrator ___________________________ County Attorney ________________________ County Clerk