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HomeMy WebLinkAbout080708 July 8, 2008 Hagerstown, Maryland The Commissioners met at 8:30 a.m. at Next Dimensions Dining and Catering to participate in the Washington County Soil Conservation District’s award ceremony for the Outstanding Conservation Farmer, Sustaining Conservation Farmer, and Conservation Stewardship Initiative awards. The award winners are selected for their commitment to soil and water conservation through the installation and maintenance of best management practices relating to their farm operations. The Outstanding Conservation Farmer award was presented to Avondale Farms, the Sustaining Conservation Award was presented to Creek Bound Farms, and the Conservation Stewardship Initiative award was presented to Neil Rotruck, Jay Duell, and Christopher Herbst. The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 10:15 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 given by Commissioner Barr, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – JUNE 10 & 17, 2008 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of June 10 and 17, 2008 as corrected. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Baker stated that he was informed that commercial contractors and nurseries purchased all of the available mulch at the County Landfill this year. He recommended that the County consider implementing a plan to place a limit on the amount of mulch purchased to assure that citizens get the first choice. Commissioner Aleshire suggested that a sliding scale be used. Commissioner Baker noted that he received a call from a citizen who wished to thank Ed Plank, Superintendent of the Highway Department, and his employees for promptly removing downed trees in their area. He stated that he would be working at various events at the Agricultural Center if any others wish to help. Commissioner Baker informed the Commissioners that he presented awards to the winners of the Recreation Department’s summer tennis program and thanked Bill True, Bob Boone and Jaime Dick for organizing an outstanding program. Commissioner Kercheval reported on the meetings of the Local Management Board and Planning Commission. He stated that he attended the Miss Maryland Scholarship Pageant luncheon and the annual Salute to Independence at the Antietam National Battlefield. Commissioner Kercheval also reported that the Tri- County Council Board toured Washington County recently and provided information on the status of proposed ARC grant funding for local projects. He thanked the Budget & Finance Department and all employees for their work on the fiscal year closeout. Commissioner Wivell reported on the Board of Social Services year-end meeting. Commissioner Aleshire commented on several letters he received. He suggested that there needs to be a more coordinated effort between local elected bodies when sending correspondence to State officials. Commissioner Aleshire also noted that he received correspondence regarding the flea market held at the old Leitersburg Theatre, the proposed tower in southern Washington County, and a letter from the City of Hagerstown regarding the expansion of the Central Library. Commissioner Barr informed the Commissioners that he has been working with the C&O Canal Superintendent to help alleviate the situation on Harpers Ferry Road from buses loading and unloading customers for river rafting and tubing. He noted that the tubing companies have agreed to utilize a staging area and that only one bus at a time will be permitted at the loading area. Commissioner Barr stated that the contractor responsible for the pavement maintenance work on Broadfording Road began work yesterday to reapply road surfacing material in the area. JULY 8, 2008 PAGE TWO CERTIFICATE OF MERIT Commissioner Barr presented a Certificate of Merit to Debbie Peyton, Insurance Administrator, in recognition of receiving certification as a “Professional in Human Resources” from the Society for Human Resource Management. They congratulated her for this accomplishment and having met the high standards of education, experience, and demonstrated knowledge established by the Institute. CITIZENS’ PARTICIPATION Jack Parkin, a business owner on East Oak Ridge Drive, reported on the impact to traffic when a tree fell across Oak Ridge Drive and closed the road for eight hours. He asked the Commissioners to place additional weight restrictions on the bridge across the Antietam Creek at that location to see if the bridge can be restored and traffic continue to flow without replacement. COUNTY ATTORNEY ISSUES Andrew Wilkinson, Assistant County Attorney, informed the Commissioners that the Board of Education recommended Kathy Valentine as the representative to the Washington County Salary Study Commission for the now-defunct Washington County Council of PTAs. Motion made by Commissioner Kercheval, seconded by Aleshire, to appoint Kathy Valentine to the Salary Study Commission as the Washington County Council of PTAs representative. Unanimously approved. Mr. Wilkinson advised the Commissioners that the APFO school agreement between the County and Westfields Investors, LLC is being assigned to Westfields Development, LLC. and when the Assignment document has been approved by Staff it will be presented to Commissioner Barr for signature. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, informed the Commissioners that the Economic Development Commission has its new website up and running. He provided an update on the Internet broadcast of the Commissioners’ meeting and stated that the project should be finished in the near future. Mr. Murray informed the Commissioners that a public meeting regarding the proposed Doub Annexation is scheduled for July 15 at 5:00 p.m. at the Kepler Theatre. APPROVAL OF LMB OFFICERS Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the elected officers for the Local Management Board (LMB) for Fiscal Year 2009: Paul Pittman, Chair; Carolyn Brooks, Vice Chair; Melicent Malchenson, Secretary; and Donna Rudy, Treasurer. Unanimously approved. REPORTS FROM COUNTY STAFF William Sonnik, Human Resources Director, requested approval to advertise to fill the following vacancies: Deputy Director of Fire & Emergency Services, Emergency Communications Specialist, and Assistant Section Super- visor - Central Section (Highways). Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the request to advertise to fill the following positions: Deputy Director of Fire & Emergency Services, Emergency Communications Specialist, and Assistant Section Supervisor - Central Section (Highways). Unanimously approved. PRIORITY RANKING FOR MARYLAND AGRICULTURAL LAND PRESERVATION PROGRAM Eric Seifarth, Rural Preservation Administrator, and Sarah Edelman, Land Preservation Planner, met with the Commissioners to request their approval of the priority-ranking checklist for the Maryland Agricultural Land Preservation Program (MALPP). Mr. Seifarth stated that the priority-ranking checklist is used to determine the order of easement payments through MALPP. He informed the Commissioners that the changes reduce the penalty for property excluded from preservation or developed (Item #2 – Agricultural Status), considers Item #2 in terms of actual lots rather than percentages, and creates a new category (District Density 2.C) to allow for properties, which are not contiguous to other easements but are greater than 300 acres, either individually or as part JULY 8, 2008 PAGE THREE of a larger block of 10-year District properties. Ms. Edelman reviewed the checklist and the proposed changes. The meeting was opened for discussion and questions. Commissioner Aleshire expressed concerns about contiguous properties receiving additional points and feels there are ways to make more equitable when making these determinations and suggested that other types of state or federally preserved land should also be taken into consideration. He also stated that he feels that farms smaller than 300 acres should receive points even if they are not contiguous to other easements. Commissioner Kercheval stated that he does not support the change regarding using the number of lots but felt they should consider the percentage of lots developed compared to the total amount of lots available to the property. Mr. Seifarth stated that he would forward the Commissioners’ comments to the Board for further review and would return with their recommendations for consideration in the near future. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Aleshire, to convene in closed session at 11:25 a.m. to discuss the appointment, employment, and/or assignment of appointees, employees or officials over whom it has jurisdiction; and to discuss personnel matters that affect one or more specific individuals; 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 11:59 a.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, and/or assignment of appointees, employees or officials over whom it has jurisdiction; and discussed personnel matters that affect one or more specific individuals. 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; and Gary Rohrer, Director of Special Projects. RECESS – LUNCH The Commissioners recessed at 11:59 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:13 p.m. by President John F. Barr with the following members present: Vice President Terry L. Baker, and Commissioners James F. Kercheval, and William J. Wivell. SCHOOL MITIGATION PROPOSAL – ROSEHILL MANOR Michael Thompson, Director of Planning & Community Development, met with the Commissioners regarding the Rosehill Manor school mitigation proposal. He introduced Attorney Jason Divelbiss who appeared before the Commissioners on behalf of Dan Ryan Builders to review the mitigation proposal under Section 9.1 of the County’s Adequate Public Facilities Ordinance (APFO) for the project as it relates to school capacity. Mr. Thompson stated that Rosehill Manor would consist of a 132 unit single-family residential development located on Longmeadow Road east of Marsh Pike. Mr. Thompson stated that the development is served by Paramount Elementary, Northern Middle and North Hagerstown High Schools. He informed the Commissioners that, even with the recent realignment by the Board of Education for attendance boundaries, Paramount is projected to be at approximately 120% of capacity this fall and will remain over the 90% capacity figure for the next five years. The proposed development would generate 50 students, which would bring the school to 130% of capacity. Mr. Thompson indicated that Northern Middle is at an acceptable capacity under the APFO although North High would be over 100% capacity based on the projected students that would come from this development. Mr. Thompson informed the Commissioners that the developer has proposed a plan to mitigate the elementary school situation for the payment of a JULY 8, 2008 PAGE FOUR mitigation fee in the amount of $7,100 per dwelling ($937,200 total) as a condition of recording the final plat and to pay the current excise tax, but no less than $13,000 for each single- family dwelling. Each dwelling would pay a minimum excise tax and mitigation fee of no less than $20,100. Mr. Thompson stated that staff disagrees with the proposal that the mitigation fee be paid at the time of the building permit as it is contrary to recent agreements. He recommended that it be paid at the time of the recordation of the final plat(s), as the mitigation and excise tax are two different items. Mr. Thompson stated that the project must pass the requirements of the APFO in order to obtain approval and the mitigation process is part of the APFO. He recommended that the Commissioners deny the applicant’s proposal for school mitigation. (Commissioner Aleshire arrived at 1:21 p.m.) Mr. Divelbiss explained the method used to arrive at their mitigation offer. He stated that his client may be willing to consider paying at the time of recordation of the final plat and that he would present that to him for consideration. The meeting was opened for questions and discussion by the Commissioners. The Commissioners had several questions regarding the proposal and calculations. Commissioner Kercheval questioned the student enrollment projections for Paramount Elementary School and asked that the Board of Education review them to determine if they are correct. He noted that the new Maugansville Elementary School would be opening this year and would be taking additional students from this area. Commissioner Aleshire had questions regarding emergency services and the provision of water and sewer service and the process used to determine adequacy. Mr. Thompson stated that these issues would be evaluated under the APFO. The Commissioners requested information on the enrollment projections and asked Mr. Divelbiss to determine if his client would be willing to pay the mitigation fee at the time of the recordation of the final plat. SCHOOL MITIGATION PROPOSALS – REGENT PARK & BLOOMING MEADOWS Michael Thompson, Director of Planning & Community Development, met with the Commissioners regarding the Regent Park school mitigation proposal. Attorney Jason Divelbiss, representing Churchey Group, III, LLC, reviewed the mitigation proposal under Section 9.1 of the County’s Adequate Public Facilities Ordinance (APFO) for the project as it relates to school capacity. Mr. Thompson stated that Regent Park would consist of 25 single- family units located on Trovinger Mill Road. Mr. Thompson stated that the development is served by Pangborn Elementary, Smithsburg Middle and Smithsburg High school districts. He stated that Smithsburg Middle would have adequate capacity; however, Pangborn Elementary and Smithsburg High would fail the APFO testing for capacity. The developer is proposing to pay $3,743 per dwelling for school mitigation to be collected prior to the approval of the final plat in addition to the payment of the Excise Tax in an amount of not less than $13,000 per unit. Mr. Thompson stated that staff disagrees with the proposal that the mitigation fee be paid at the time of the building permit as it is contrary to recent agreements. He recommended that it be paid at the time of the recordation of the final plat(s), as the mitigation and excise tax are two different items. Mr. Thompson stated that the project must pass the requirements of the APFO in order to obtain approval and the mitigation process is part of the APFO. Michael Thompson, Director of Planning & Community Development, met with the Commissioners regarding the Blooming Meadows school mitigation proposal. Attorney Jason Divelbiss, representing Antietam Pines, III, LLC, reviewed the mitigation proposal under Section 9.1 of the County’s Adequate Public Facilities Ordinance (APFO) for the project as it relates to school capacity. Mr. Thompson stated that Blooming Meadows would consist of 22 single-family units located on the west side of Alt. US 40 one- half mile south of Cool Hollow Road. Mr. Thompson stated that the development is served by Rockland Woods Elementary, E. Russell Hicks Middle and South Hagerstown High school districts. He stated that South Hagerstown High would fail the APFO testing for capacity. The developer is proposing to pay $3,743 per JULY 8, 2008 PAGE FIVE dwelling for school mitigation to be collected prior to the approval of the final plat in addition to the payment of the Excise Tax in an amount of not less than $13,000 per unit. This would mean that each dwelling would pay an excise tax and mitigation fee of no less than $16,743. Mr. Thompson stated that staff disagrees with the proposal that the mitigation fee be paid at the time of the building permit as it is contrary to recent agreements. He recommended that it be paid at the time of the recordation of the final plat(s), as the mitigation and excise tax are two different items. Mr. Thompson stated that the project must pass the requirements of the AOFO in order to obtain approval and the mitigation process is part of the APFO. The meeting was opened for questions and discussion. Commissioner Kercheval stated that the Commissioners should have discussions regarding a fair way to mitigate high school issues and institute a policy. Commissioner Aleshire asked if the proposals were consistent with the other proposals that have come before them and if they were consistent with the changes made to the Excise Tax. Andrew Wilkinson, Assistant County Attorney, stated that both proposals are similar to those previously approved. John Martirano, County Attorney, stated that under the proposal the developer would pay a minimum of $13,000 in excise tax, which would be consistent with other agreements and the Excise Tax Ordinance. The Commissioners also considered putting an expiration date on agreements. The Commissioners informed Mr. Divelbiss that the proposals were “in the ballpark” but there was not enough support for approval. Mr. Divelbiss agreed to schedule time on the agenda to provide additional information. RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION PLAN Sonja Hoover, Fiscal/Research Specialist for the Economic Development Commission (EDC), informed the Commissioners that Federal regulations require all grantees of the Community Development Block Program (CDBG) to adopt and make public a residential anti-displacement and relocation assistance plan. Each jurisdiction’s plan must be current and effective for a three-year period. Ms. Hoover stated that the Plan documents what the County or its designee would do when a tenant is to be displaced as a result of CDBG-financed rehabilitation, acquisition, conversion, or demolition. She indicated that the Plan as proposed complies with all requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, as described in 49 CFR Part 24, and with the Housing and Community Development Act of 1974, as amended, as described in 24 CFR Part 42. The County or their designee will replace all occupied, and vacant occupiable, low/moderate-income dwelling units demolished or converted to use other than as low/moderate-income housing in connection with activities assisted with funds provided under the HCD Act of 1874, as amended. The County or its designee will provide relocation assistance, as described in 24 CFR 42.350, to each low/moderate-income household displaced by the acquisition or demolition of housing or by the conversion of rehabilitation of low/moderate-income dwelling to another use as a direct result of assisted activities. The meeting was opened for questions and discussion. The Commissioners expressed concerns regarding: 1) the definition of low and moderate income, 2) clarification of Section 3 - Benefits E.(ii) regarding the amount of rental assistance equal to “60 times,” and 3) clarification of the term ”replace.” John Martirano, County Attorney, stated that the staff would review these issues with the State representatives and resolve the issues. Motion made by Commissioner Kercheval, seconded by Baker, to adopt the Washington County, Maryland, Community Development Block Grant Program Residential Anti-displacement and Relocation Assistance Plan as proposed, contingent upon staff reviewing the issues raised by the Commissioners with the State and making any necessary revisions that Staff determines are needed to address the concerns of the Commissioners. Unanimously approved. SCOPE OF WORK – SOLID WASTE MANAGEMENT PLAN REQUEST FOR PROPOSALS (RFP) Julie Pippel, Director of the Division of Environmental Management, and Robert Davenport, Deputy Director of Solid Waste, met with the Commissioners to request approval of the scope of work for the Solid JULY 8, 2008 PAGE SIX Waste Management Plan RFP. Ms. Pippel stated that the scope of work from the previous RFP was expanded to include a comprehensive evaluation of solid waste management as requested by the Commissioners. She reviewed the revisions and requested the Commissioners’ comments prior to proceeding with advertising for proposals. Greg Murray, County Administrator, stated that this review would combine the phases and would take longer to implement but that the County would get all the information at one time. The Commissioners suggested minor revisions to the proposal. Ms. Pippel estimated that the cost would increase by $150,000 with $76,000 previously budgeted. She asked that the remaining balance be transferred from the reserve account. Commissioner Wivell asked if some of the items could be done in- house. The Commissioners agreed to approve the recommendation for a budget transfer that will be necessary when the proposal is brought before them for approval. Motion made by Commissioner Kercheval, seconded by Baker, to proceed to advertise the RFP for the Solid Waste Management Plan with the recommended changes suggested by the Commissioners. Motion carried with Commissioners Kercheval, Baker, Aleshire and Barr voting “AYE” and Commissioner Wivell “ABSTAINING.” GRANT AGREEMENT – MARYLAND DEPARTMENT OF AGRICUTLURE FOR CONTROL AND ERADICATION OF NOXIOUS WEEDS Motion made by Commissioner Baker, seconded by Wivell, to approve the grant agreement with the State of Maryland, Department of Agriculture for the control and eradication of noxious weeds for Fiscal Year 2009. Unanimously approved. Lane Heimer and Herb Baker provided information about the Weed Control Programs. GRANT AWARD - EMERGENCY NUMBER SYSTEM BOARD Motion made by Commissioner Wivell, seconded by Baker, to authorize the Division of Fire & Emergency Services to accept a grant award of $66,891 in special project funding from the Emergency Number System Board for the new Emergency Communications Center to include a security system and cameras and an uninterrupted power supply system. Unanimously approved. GRANT AWARDS – GOVERNOR’S OFFICE OF CRIME CONTROL & PREVENTION – CRIME ANALYST, SEX OFFENDER PROGRAM AND SCHOOL BUS SAFETY Motion made by Commissioner Kercheval, seconded by Baker, to approve the following grant awards from the Governor’s Office of Crime Control and Prevention to the Washington County Sheriff’s Office: 1) to hire a contractual position for the Sex Offender Program in the amount of $29,500; 2) to hire a Crime Analyst (Grade 11) for $36,733 with estimated benefits in to be paid from unused salaries in the Patrol Division FY 09 budget; and 3) School Bus Safety Program grant in the amount of $15,000. Unanimously approved. APPOINTMENT – WASHINGTON COUNTY PLANNING COMMISSION Motion made by Commissioner Kercheval, seconded by Aleshire, to appoint Andrew Bowen to the Washington County Planning Commission to fill the unexpired term of Bernie Moser, which extends to June 30, 2010. Unanimously approved. REAPPOINTMENTS – ADVISORY SCHOOL DESIGN REVIEW COMMITTEE Motion made by Commissioner Kercheval, seconded by Aleshire, to reappoint the following members to the Advisory School Design Review Committee to three year terms: Gary Rohrer (Director of Public Works designee), James Bryan (Mechanical Contractor), James Nipps (Facilities Administrator), Harry Reynolds (General Contractor), Stan Valentine (Electrical Contractor); Gary Nally (Citizen at Large), George Stone (Citizen at Large), Donna Hanlin (Board of Education representative), and Rob Rollins (Facilities – Board of Education). Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Wivell, to convene in closed session at 3:33 p.m. to discuss personnel matters that affect one or more specific individuals; 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. JULY 8,2008 PAGE SEVEN RECONVENE IN REGULAR SESSION Motion made by Commissioner Aleshire, seconded by Wivell, to reconvene in open session at 3:58 p.m. Unanimously approved. In closed session, the Commissioners discussed personnel matters that affect one or more specific individuals; 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; William Sonnik, Director of Human Resources; Sheriff Doug Mullendore; and Major Sam Billotti. BID AWARD – REHABILITATION OF EAST OAK RIDGE DRIVE BRIDGE Rob Slocum, Deputy Director of Public Works, and Scott Hobbs, Structural Engineer, presented the recommendation to award the bid for the rehabilitation of the East Oak Ridge Drive bridge over the Antietam Creek to Building Systems, Inc., which submitted the low bid of $1,239,627. Staff addressed issues from the Commissioners concerning signage for Sharpsburg Pike, a school bus turnaround, Federal funding, signalization, and emergency vehicles. The Commissioners also had questions regarding design of a temporary bridge. Mr. Slocum estimated that the minimum time to have a temporary bridge in place would be six to eight months. He stated that this time frame is optimistic and does not include any additional time for negotiation of the purchase of easements if necessary. Mr. Hobbs read from the independent consultant report that the bridge is in poor condition and repairs should be addressed as soon as possible. Motion made by Commissioner Aleshire, seconded by Wivell, to conditionally award the contract for the rehabilitation of the East Oak Ridge Drive bridge over the Antietam Creek to Building Systems, Inc., which submitted the low responsive, responsible bid of $1,239,627, contingent upon State Highway Administration concurrence to include the incentive for early completion. Motion carried with Commissioners Aleshire and Wivell voting “AYE,” Commissioner Baker voting “NO” and Commissioner Kercheval “ABSTAINING.” Commissioner Barr did not vote on this issue. Motion made by Commissioner Aleshire, seconded by Wivell, to approve transferring $86,000 from the CIP Contingency to address the contract shortfall for the project to rehabilitate the East Oak Ridge Drive Bridge over the Antietam Creek. Motion carried with Commissioners Aleshire, Wivell, Baker and Barr voting “AYE” and Commissioner Kercheval “ABSTAINING.” CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to convene in closed session at 4:45 p.m. to consider a matter that concerns the proposal for a business to locate, expand or remain in the State; and consulted 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 Kercheval, seconded by Wivell, to reconvene in open session at 5:24 p.m. Unanimously approved. In closed session, the Commissioners considered a matter that concerns the proposal for a business 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; Phil Ridenour and Greg Larson, Hagerstown Regional Airport; and David Rider, Rider Jet Center. JULY 8, 2008 PAGE EIGHT ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Kercheval, to adjourn at 5:24 p.m. Unanimously approved. ____________________________ County Administrator ____________________________ County Attorney ________________________ County Clerk