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HomeMy WebLinkAbout070313 March 12, 2007 Hagerstown, MD 21740 JOINT PUBLIC HEARING – REZONING CASES RZ-07-001, RZ-07-002, WS- 07-001 and WS-07-002 A joint public hearing of the Board of County Commissioners of Washington County, Maryland and the Washington County Planning Commission was convened in Court Room #l at 7:00 p.m. to hear testimony and receive evidence in rezoning Map Amendments RZ-07- 001, RZ-07-002, WS-07-001 and WS-07-002. Presiding at the hearing were County Commissioners President John F. Barr and Planning Commission Chair George Anikis. Also present at the hearing were County Commissioners Kristin B. Aleshire, Terry L. Baker, James F. Kercheval and William J. Wivell, and Planning Commission members Linda Parrish, Terry Reiber, Bernie Moser, Samuel Ecker, and Clint Wiley. The public hearing was adjourned at 11:57 p.m. __________________________, County Administrator , County Attorney , Clerk March 13, 2007 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 8:30 a.m. by President John F. Barr with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, and James F. Kercheval. 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 – MARCH 6, 2007 Motion made by Commissioner Aleshire, seconded by Baker, to approve the minutes of March 6, 2007. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Aleshire outlined his concerns with the current public hearing process for rezoning cases. The Commissioners agreed to discuss in the near future ways to update the process. Commissioner Kercheval informed the Commissioners that he testified on the Green Fund Bill last week before the Environmental Matters Committee. He stated that the Maryland Association of Counties supported the bill with amendments. Commissioner Kercheval reported on the City-County 2+2 Committee meeting. He stated that he spoke to the current Leadership Washington County class regarding economic development in the County. Commissioner Kercheval thanked Rodney Shoop, former County Administrator, for his service to County government and commented on the open house that was held for his retirement. Commissioner Baker reported on the Recreation & Parks Board meeting. Commissioner Barr informed the Commissioners that he testified before the Higher Education Committee on behalf of Hagerstown Business College’s request for accreditation. He stated that he presented a Certificate of Merit to Jeffrey Smith who received the rank of Eagle Scout. Commissioner Barr informed the Commissioners that he attended the “Growing Seeds for Life” 4-H event at the Agricultural Education Center. MARCH 13, 2007 PAGE TWO WATER QUALITY BUDGETS AND COST OF SERVICE FOR RATE SETTING Julie Pippel, Acting Director of the Department of Water Quality, met with the Commissioners to present the proposed FY 2008 budget for the Department. The proposed FY 2008 revenue budgets are: Utility Administration Fund (total) – $3,490,220; Water Fund - $1,268,110 (general fund appropriation of $357,400); Sewer - $10,718,990 (generalfund appropriation of $2,412,600); and Pretreatment Fund - $695,600 (general fund appropriation of $350,000). Ms. Pippel reviewed the projected revenues and expenditures for each department and the major changes. The CIP projects budget is proposed to be $5,064,962 in FY 2008. Ms. Pippel made recommendations to set rates for water and sewer services for fiscal year 2008. She reviewed each class and stated that the increase in sewer rates to the average residential customer would be $3.64 per quarter (3.4%) based on a 3% revenue increase and $4.20 per quarter for water (3.5%) based on a 4% revenue increase. Ms. Pippel informed the Commissioners that the connection fee for sewer service is proposed to increase to $5,900 in FY 2008. The Commissioners discussed the calculation of fees and the date for their implementation. Commissioner Kercheval indicated that he does not agree with the recommendation to increase the connection fee for Commercial I users and stated that he would rather see a graduated scale in place. Gregory Murray, County Administrator, stated that the bills would not go out until April of 2008 and this would give the Commissioners time to discuss changing the current policy in 2008. After discussion, it was the consensus to consider making it a goal to review the policy and change it in time for the next budget cycle. Motion made by Commissioner Aleshire, seconded by Baker, to advertise to accept the rate options for water and sewer fees for FY 2008 as recommended by staff for presentation at a public hearing. Unanimously approved. CITIZENS’ PARTICIPATION There was no one present who wished to participate. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, reviewed information from Senator Mikulski regarding federal funds that were received by Washington County fire companies during the year. He stated that, following a discussion with Hagerstown Community College (HCC) board members at the orientation session, he checked the budgetary numbers for FY 2004-05 and found that HCC receives 7.3% of the County’s overall budget. The Commissioners discussed holding a strategic planning session and agreed on March 20 following the regular session. They also agreed to hold a second meeting on April 10. Mr. Murray stated that he has a calendar of tentative meetings with each municipality. CHANGE ORDER – SANDY HOOK WASTEWATER TREATMENT PLANT Motion made by Commissioner Kercheval, seconded by Aleshire, to approve a change order with Callas Contractors, Inc. in the amount of $28,771 to furnish and install two Peerless self- priming pumps with VFD controls needed to replace the Garman- Rupp diaphragm pumps that were specified but were not adequate for the Sandy Hook Wastewater Treatment Plant facility. Unanimously approved. MOSQUITO CONTROL PROGRAM Cyrus Lesser, Chief of the Mosquito Control Division of the Maryland Department of Agriculture, along with Mike Cantwell and Dr. Peter Jiang, appeared before the Commissioners to request that the County consider providing funds to maintain and improve the program or consider alternatives to the current program. Mr. Lesser informed the Commissioners that the current program is funded by the communities that choose to participate, with 50 percent matching funds from the State. He stated that increased development, stormwater management practices, West Nile virus and the arrival of the Tiger mosquito, an invasive mosquito species, have increased the complexity and cost of providing adequate MARCH 13, 2007 PAGE THREE service. Mr. Lesser also indicated that they would probably seek a $3,500 supplement from the communities to continue the program. He reviewed a survey of Washington County’s participants. He discussed possible options including: 1) continuing the current program operations; 2) modifying the current program funding by the addition of County matching funds; 3) turning over responsibility of the program to a county agency with continuation of state matching money at the current level; or 4) utilizing private mosquito control and requiring communities to contract with private businesses for mosquito control services. The meeting was then opened for questions and discussion with the Commissioners. Mr. Lesser recommended that a local office continue the program with State assistance. He estimated that the expanded program would cost $17,000-$18,000 per year. The Commissioners requested additional information from the State. PARENT-CHILD CENTER FUNDING OF PROGRAMS Vince Dellaposta and Dick Everhart, members of the Parent-Child Center Board of Directors, met with the Commissioners to request funding for unexpected repairs that were made to the facility. Mr. Everhart stated that the Center recently installed a new heating/air conditioning system at a cost of $20,000, repairs were made to the front porch, electric lighting and back stairs at a cost of over $15,000, and repairs were made to the roof at a cost of $5,000. He indicated that these expenses were not in the Center’s budget and noted that they are dependent upon local donations and fund-raising activities. The meeting was then opened for questions. Commissioner Kercheval asked if they were on the list of non-profit agencies to which the County Commissioners may contribute funds pursuant to Section 1-108 of the Code of Public Local Laws and suggested that they pursue this with the County Attorney’s Office. RECESS – WASHINGTON COUNTY MUSEUM OF FINE ARTS The Commissioners recessed at 11:57 a.m. to attend a luncheon with the Board of Directors of the Washington County Museum of Fine Arts held at the Museum. AFTERNOON SESSION The afternoon session was called to order at 1:31 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. ANTIETEM CREEK WATERSHED PRESENTATION Donna Brightman and Emilie Cooper, RC&D Watershed Forester, met with the Commissioners regarding the Antietam Creek Watershed. Ms. Cooper stated that she is working with a citizen’s organization known as the Antietam Creek Watershed Alliance (ACWA) to develop a strategic plan of action to revitalize the historic Antietam Creek along its entire length. She presented information on the present condition of Antietam Creek. Ms. Brightman noted that a major goal is to encourage the formation of an Antietam Creek Collaborative to involve the public and private sectors to work together on this initiative. Ms. Cooper informed the Commissioners that she would be submitting a grant application to help fund the evaluation process. The meeting was opened for discussion and questions. Ms. Brightman and Ms. Cooper reviewed ways in which the County can support the program. Mr. Murray stated that the County supports Antietam Creek clean-up and indicated that Water Quality Department staff is involved with the tributary strategy group through the Department of Natural Resources. He suggested that working with County staff would be mutually beneficial. AIRPORT LAND ACQUISITION Phil Ridenour, Airport Fire Chief, and Joe Kuhna, Real Property Administrator, met with the Commissioners regarding a parcel of land that has been identified as a priority for future acquisition that has now become available for purchase. Mr. Ridenour stated that the owner wishes to sell the property and that this land has been identified in the Future Land Acquisition Plan. He noted that it is the last parcel of a triangle MARCH 13, 2007 PAGE FOUR in the southeast airport quadrant that the County already owns. Mr. Kuhna stated that a price of $190,000 has been negotiated with the owner. Mr. Ridenour indicated that due to the unexpected offer to sell the property to the County by the owner, the Airport does not currently have the funding available for the purchase, but that the FAA District Office is confident that future grants would become available to reimburse the Airport for the 95% of the purchase price. Motion made by Commissioner Kercheval, seconded by Baker, to purchase a parcel of land in fee simple from Robert Winters at 14211 Basore Drive, Hagerstown, for $190,000 (not to exceed $200,000) with the County to pay closing costs and to approve a budget transfer from CIP contingency to fund this purchase. Unanimously approved. FORTY WEST LANDFILL LEACHATE PUMPING SYSTEM AND POWERS ESTATES Joe Kroboth, Director of Public Works (DPW), requested that the Commissioners authorize DPW to enter into an agreement with the developers of Powers Estates in exchange for upsizing 5,500 linear feet of sanitary sewer and construction of 380 linear feet of leachate force main, which would produce a significant cost savings to the County over the life of the Forty West Landfill. Mr. Kroboth explained that Federal and State regulations require leachate to be collected and treated as wastewater prior to discharge into streams or waterways. The Forty West Landfill is expected to generate more than 517.8 million gallons of the next 45 years. Mr. Kroboth informed the Commissioners that the leachate is now collected through a series of pumps and piping systems and stored in two silo storage tanks until it can be transported to the Conococheague Wastewater Treatment Plant. The Powers Estates Development would extend sanitary sewer to within 650 feet of the Forty West Landfill property and within 2,100 feet of the existing leachate storage tanks. He stated that this would create an affordable opportunity for the County to discharge leachate directly into the sewer and eliminate hauling costs. A savings of approximately $8,980,825 would be realized over the next 45 years. Mr. Kroboth noted that in addition to hauling costs, the treatment costs would be significantly reduced due to bypassing the pre-treatment facility. The Water Quality Department reviewed the leachate generated and stated that it is of acceptable quality to discharge into the conventional sanitary sewer system. Mr. Murray noted that this would save approximately $100,000 per year in leachate treatment costs since it could now be treated at the domestic facility. Mr. Kroboth outlined the following summary of items to be completed: 1) Washington County would be granted a permanent easement across the lands of Powers Estates to own and operate a force main from the landfill. 2) Approximately 5,500 linear feet of gravity sanitary sewer will require up-sizing. 3) Approximately 380 linear feet of the landfill force main will be constructed initially to avoid future disturbance of residential lots. 4) The five-acre lot planned for conveyance to the County for public use will be reduced in size to approximately three acres to minimize the maintenance effort required by the County. He recommended partnering with the developer on the infrastructure and paying the incremental cost for upsizing the lines. The cost was estimated at $56,000. Jason Divelbiss, counsel for Powers Estates, informed the Commissioners that the developer is willing to fund the upsizing of the lines and dedicate the necessary easement, which would reduce the land to be conveyed to the County for public use from five to three acres. He stated that this would allow the developer four additional lots and, if the property is ever included as part of the Urban Growth Area (UGA), would allow a total of eight additional lots. Mr. Divelbiss noted that this is with the understanding that the developer would pay no additional APFO fees for the additional lots and would only pay the excise tax. Mr. Divelbiss provided a history of the project. Commissioner Kercheval stated that he is in agreement with the staff recommendation. Commissioner Aleshire emphasized that there is no MARCH 13, 2007 PAGE FIVE guarantee that the City would allow the extension of water service outside the UGA to the three acre site. Motion made by Commissioner Wivell, seconded by Baker, to approve authorizing the Division of Public Works to enter into an agreement with the developers of Powers Estates to upsize 5,500 linear feet of sanitary sewer and construction of 380 linear feet of leachate force main, with the agreement that the County would amend the previously approved mitigation agreement with the developer to reduce the five acres that was to be dedicated to the County for public use to three acres, with the developer paying all costs of upsizing the lines and providing the necessary easement at no cost to the County, with the understanding that there is no assurance that the property would ever be included in the Urban Growth Area or served by public water and sewer. Motion carried with Commissioners Wivell, Baker, Aleshire, and Barr voting “AYE” and Commissioner Kercheval voting “NO.” Motion made by Commissioner Wivell, seconded by Baker, to approve the construction of a pumping station for the Forty West landfill, estimated to cost $943,454, with funds to be taken from savings in the CIP landfill operating funds for leachate treatment and hauling, future construction reserves, and existing cash sources. Unanimously approved. CAPITAL IMPROVEMENT BUDGET DISCUSSION Debra Murray, Director of Finance; Gary Rohrer, Director of Special Projects; and Mike Thompson, Director of Planning & Community Development, met with the Commissioners to review the 2007-2012 Capital Improvement Program (CIP) budget. Ms. Murray submitted a memorandum from the County’s bond counsel regarding requesting 65% of State funding for school construction projects. She stated that there is the possibility of having IRS arbitrage issues if the funding comes in over multiple years. Ms. Murray stated that the letter also indicates possible Federal tax issues due to double funding. This item was discussed regarding whether to bid projects using the prevailing or non-prevailing wage scale for the three new elementary schools. The Committee reviewed the capital projects submitted by the Washington County Board of Education. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Baker, to convene in closed session at 4:18 p.m. to discuss the appointment, employment, assignment, promotion, compensation, or performance evaluation of appointees, employees, or officials over whom the Commissioners have jurisdiction and any other personnel matter that affects 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 OPEN SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to reconvene in open session at 4:35 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel matters relating to the appointmentemployment, assignment, or , promotion, of appointees, employees or officials over whom it has jurisdiction and 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; Kirk Downey, Assistant County Attorney; and Joni Bittner, County Clerk. APPOINTMENT – SOLID WASTE ADVISORY COMMITTEE Motion made by Commissioner Aleshire, seconded by Wivell, to appoint Cliff Engle to the Solid Waste Advisory Committee for a three-year term. Unanimously approved. MARCH 13, 2007 PAGE SIX RE/APPOINTMENTS – ANIMAL CONTROL AUTHORITY Motion made by Commissioner Wivell, seconded by Kercheval, to appoint Scott Schubel to the Animal Control Authority for a three-year term. Unanimously approved. Motion made by Commissioner Wivell, seconded by Kercheval, to reappoint Dr. Virginia Scrivener to the Animal Control Authority until a suitable veterinary replacement can be found. Unanimously approved. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Aleshire, to adjourn at 4:38 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk