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HomeMy WebLinkAbout080617 June 17, 2008 Hagerstown, Maryland The meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 4:04 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. PUBLIC HEARING – BUILDING EXCISE TAX ORDINANCE Kirk C. Downey, Assistant County Attorney, reviewed the proposed revisions to the Excise Tax Ordinance. He noted that the changes made in the enabling legislation were incorporated in the proposed revisions as well as the recommendations made by the Excise Tax Task Force. Mr. Downey stated that the newly-revised enabling legislation will become effective on July 1, 2008. He stated that the primary change in the Ordinance is the manner in which the tax is applied. It is currently based on a flat rate for residential structures and various square footage rates for nonresidential structures. Construction will now be taxed based upon the gross square footage for both residential and non-residential development. The fee for residential and nonresidential non-retail construction would be $3.00 per square foot and $1.00 per square foot for nonresidential retail construction. Other revisions to the Ordinance include the elimination of workforce housing credits and the general elimination of exemptions. Commissioner Barr opened the hearing for public comment. Jim Laird, President of the Citizens for the Protection of Washington County, spoke in support of the revisions. Jeremy Holder spoke on behalf of Westfields Investments, LLC, and stated that they oppose the provision for doubling the tax for residential subdivisions of 25 lots or more th when they reach the 26 lot during a fiscal year. Richard Willson, Director of the Housing Authority of Washington County, commented on the removal of the exemptions and stated that he is willing to work with the Commissioners to establish workforce housing credits for governmental projects and 501(c)(3) organizations. The public hearing was closed at 4:20 p.m. and opened for discussion and questions from the Commissioners. It was the consensus of the Commissioners to include “colleges or universities accredited by the Maryland Higher Education Commission” in Section 6.05. They also agreed to omit the language “education and community” in Section 6.08(b) and to add “including land” in Section 8.04 regarding capital costs. Commissioner Wivell asked for additional information on the number of exemptions or credits that were granted in the past year. Commissioner Kercheval provided feedback on the “doubling” issue and stated that the new language limits this to areas with already overburdened infrastructure with specific testing on the impact on schools and roads. He noted that the Westfields Development, as well as other developments, used the doubling factor to show the amount of excise tax they would be paying the County as part of their mitigation proposals to gain support for development approval by the Commissioners. Commissioner Barr informed the Commissioners that he received a letter from Delegate Myers regarding the Advisory School Design Review Committee, requesting assurance that it is included in the Ordinance and will continue to function. He also stated that he received a letter from the Pen Mar Association of Realtors concerning the make-up of the Committee. The Commissioners agreed that they can address the composition of the Committee at a later date if they choose to do so. Commissioner Kercheval stated that while he had previously voted against the proposed fees for residential and retail as he is still concerned that the new rates will not be revenue neutral, he feels that the Board already went through the exercise of determining the rates in a previous discussion, and will support the Ordinance as it is a good compromise of a variety of different views. JUNE 17, 2008 PAGE TWO Motion made by Commissioner Kercheval, seconded by Aleshire, to repeal the current Building Excise Tax Ordinance Revision 4 as of 11:59 p.m. June 30, 2008 and to reenact the Building Excise Tax Ordinance Revision 5, with amendments, with an effective date of July 1, 2008. Unanimously approved. Commissioner Aleshire stated during discussion of the motion that he did not come to the decision to revise the Excise Tax Ordinance lightly. He stated that 15 recommendations from the Task Force were incorporated in the Ordinance and felt that the Commissioners made a reasonable compromise in the rates to recognize that growth must pay its fair share. Commissioner Barr stated that he opposed the doubling provision, however, he supports the tax being levied on a per square footage basis and is in support of the Ordinance. Commissioner Wivell stated that he understands Westfields’ position, but when their Adequate Public Facilities Ordinance (APFO) agreement was approved, Westfields understood that this would be a feature. He noted that Westfields also included the doubling provision in their justification to guarantee them to build at the number and level projected at that time. He stated that the larger developments have more of an impact on the County’s infrastructure and feels it is a fair provision. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to convene in closed session at 4:54 p.m. to discuss personnel matters that affect one or more specific individuals, to consult with counsel to obtain legal advice; and to consult with staff, consultants, or other individuals about pending or potential litigation, 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 Kercheval, seconded by Baker, to reconvene in open session at 5:14 p.m. Unanimously approved. In closed session, the Commissioners discussed personnel matters that affect one or more specific individuals, consulted with counsel to obtain legal advice; and consulted with staff, consultants, or other individuals about pending or potential litigation. 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 John Martirano, County Attorney; Kirk C. Downey, Assistant County Attorney; Joni Bittner, County Clerk; Dan DiVito, Director of Permits & Inspections; and Kathy Kroboth, Zoning Administrator. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Aleshire, to adjourn at 5:14 p.m. Unanimously approved. ____________________________ County Administrator ____________________________ Assistant County Attorney ________________________ County Clerk