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HomeMy WebLinkAbout070424 April 24, 2007 Hagerstown, Maryland The Commissioners attended the groundbreaking ceremony for the new Maugansville Elementary School at 8:45 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 10:25 a.m. by Vice President Terry L. Baker with the following members present: Kristin B. Aleshire, James F. Kercheval, and William Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE A moment of silence was observed, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – APRIL 10 & 17, 2007 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of April 10, 2007. Unanimously approved. Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the minutes of April 17, 2007. Unanimously approved. COMMISSIONERS REPORTS AND COMMENTS Commissioner Kercheval reported on the trip to New York to meet with the bond rating agencies. He stated that Washington County is well respected by all of the agencies and commended Debra Murray, Director of Budget and Finance, and her staff on the fine job that they have done. He stated that he attended the Opening Day ceremonies for Federal Little League. Commissioner Kercheval informed the Commissioners that he attended a meeting held by the Town of Boonsboro regarding annexation issues. The Town has asked that the County come to a resolution on whether they would grant express approval for the proposed annexations due to their timeline on financing and indicated that they would work to obtain the additional information requested by the Commissioners. Commissioner Kercheval advised that the State mandated that the Town have its wastewater treatment plant in place by 2010 and cited the necessary new growth needed to fund the project. Commissioner Wivell stated that he attended a ribbon- cutting ceremony for the new greenhouse at the Marshall Street School and toured the facility. Commissioner Aleshire commented on the annexation issues with the Town of Boonsboro. He stated that he has a meeting scheduled with representatives from the Washington County Free Library to discuss the proposed funding for FY 2008. PROCLAMATION – NATIONAL COUNTY GOVERNMENT WEEK Commissioner Baker presented a proclamation to representatives of the Water Quality, Solid Waste, Engineering and Planning Departments, designating the week of April 22-28, 2007, as National County Government Week and commending its observance to all citizens, with the theme “Protecting the Environment” and honoring those County services that perform actions that enhance and protect our environment. Commissioner Barr thanked all County employees for their dedication in helping to protect the environment. AMENDMENTS TO NEW JOBS TAX CREDIT ORDINANCE Andrew Wilkinson, Assistant County Attorney, and Cassandra Latimer, Deputy Director of the Economic Development Commission, met with the Commissioners to review proposed amendments to the New Jobs Tax Credit Ordinance. Mr. Wilkinson stated that their purpose is to resolve possible ambiguities in the current Ordinance. He stated that the Ordinance gives businesses that create new jobs and buildings or that renovate business space, certain tax credit against real property and business personal property taxes for a period of six years, if the requirements are met. Mr. Wilkinson reviewed the proposed revisions. He stated that the clarifications pertain to the length of time a company must report to the Economic Development Commission and the County, the time period for the County to use “clawback” tax credits, and outlines specified procedures for a company to re-qualify for the tax credit. The meeting was opened for questions and discussion. APRIL 24, 2007 PAGE TWO Motion made by Commissioner Kercheval, seconded by Wivell, to approve the amendments to the New Jobs Tax Credit Ordinance as presented with the revisions requested by the Commissioners. Unanimously approved. CITIZENS’ PARTICIPATION Donovan Corum commented on the Transferable Development Rights (TDR) program and agricultural preservation. John Himes asked for an update on a housing project near his property. He commented on various zoning issues and the traffic safety problems at the intersection of US Route 340 and Valley Road. Mr. Himes invited the Commissioners to visit the South County area. (Commissioner Barr arrived at 10:46 a.m. and assumed the chair.) COMMISSIONERS’ COMMENTS – CONTINUED Commissioner Barr informed the Commissioners that he attended the celebration of excellence at Bester Elementary School. RE/APPOINTMENTS – ADULT PUBLIC GUARDIANSHIP REVIEW BOARD Motion made by Commissioner Kercheval, seconded by Baker, to reappoint Ann Kendall and Sandra Weaver to the Adult Public Guardianship Review Board for three-year terms and to appoint John Kenney for a three-year term. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, informed the Commissioners that the Character Counts! Program conference is being held in Hagerstown on May 2 and 3 and invited them to hear speaker Michael Josephson at the conference. He stated that a Local Government Exchange Workshop for Garrett, Allegany and Washington Counties would be held on May 16. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Special Projects, distributed a revised spreadsheet on proposed County transportation priorities outlining the proposed type of funding source for each project. Mr. Rohrer asked that the Commissioners reach a consensus on the priority list in the near future so that it may be presented to the Local Delegation to the General Assembly and the Secretary of Transportation. The Commissioners asked that it be placed back on the agenda for further discussion. Jim Sterling, Director of Buildings, Grounds, and Parks, informed the Commissioners that opening day ceremonies for the Washington County Girls Softball League have been rescheduled for April 28 at the Kemps Mill softball complex. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve advertising to fill the Engineering Technician II position in the Engineering Department to fill an existing vacancy. Unanimously approved. TRANSFERABLE DEVELOPMENT RIGHTS STUDY – PRELIMINARY REPORT Eric Seifarth, Rural Preservation Administrator, introduced Tyson Smith and James Nicholas, representing White & Smith, LLC, who are performing the study for the County on Transferable Development Rights (TDRs). Mr. Seifarth stated that a TDR program would shift development from agricultural areas to designated growth zones closer to municipal services and provide incentives for developers to purchase credits from landowners. Mr. Nicholas reviewed the preliminary report for the framework of a TDR program, which includes a calculation of the number of TDRs in the “Sending Area” and identification of the “Receiving Areas.” Mr. Seifarth indicated that it was determined that a TDR would be worth about $10,000 per right. Mr. Smith provided various scenarios regarding the pressure zones and alternative receiving areas. He indicated that areas could be identified where development would be appropriate. Mr. Smith also reviewed the challenges involved with each option. He stated that if there are 14,000 potential TDRs available in sending areas, it is critical that there must be adequate receiving areas in order to protect the land values. He also suggested that a possible early entry bonus program be considered for APRIL 24, 2007 PAGE THREE property owners who use the program in its initial stages. Mr. Smith concluded that a TDR program is both a short-term and long-term tool. His firm is recommending that a TDR program become part of the County’s long-term planning framework. Mr. Smith noted that future rezoning requests and market increase in demand be considered. The meeting was opened for questions and discussion. Mr. Smith stated that the Commissioners would get the final framework report, which sets out potential receiving areas. The Commissioners asked that additional time be scheduled for further discussion on this issue. PUBLIC HEARING – REQUEST TO BE ADDED TO THE LIST OF NONPROFIT AGENCIES TO WHICH THE BOARD OF COUNTY COMMISSIONERS MAY CONTRIBUTE FUNDS The Commissioners convened a public hearing at 11:55 a.m. to hear comments regarding the requests made by The Exchange Club Parent-Child Center, Inc., Antietam Healthcare Foundation, Inc., and Washington County Leadership Development Program, Inc., to be added to the list of nonprofit organizations to which the County Commissioners may contribute funds, pursuant to Section 1- 108(b), Code of the Public Local Laws of Washington County, Maryland. The meeting was opened for questions from the Commissioners. The hearing was then opened for public comment. Sandra Pollack, Executive Director of Antietam Healthcare Foundation, spoke in support of its programs. Robert Jeffers, Co-Chair of Leadership Washington County, spoke in support of its request and outlined its programs. The public hearing was closed at 12:13 p.m. The Commissioners agreed to take the requests into consideration during budget deliberations. PROCLAMATION – NATIONAL CRIME VICTIMS’ RIGHTS WEEK Commissioner Barr presented a proclamation to employees representing the Victims’ Rights Unit of the State’s Attorney’s Office, designating the week of April 22-28, 2007, as National Crime Victims’ Rights Week and asking all citizens to join forces with victim service programs, criminal justice officials, and concerned citizens in this observance. Ms. Ritter thanked the Commissioners for the proclamation and informed them of activities planned to observe National Crime Victims’ Rights Week. RECESS - LUNCH The Commissioners recessed at 12:20 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:32 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. CONTRACT AWARD – COMMUNITY PLANNING AND RESOURCE DEVELOPMENT CONSULTANT Motion made by Commissioner Kercheval, seconded by Aleshire, to award the contract for the outlined consulting services Community Planning and Resource Development to Shattuck & Associates, Inc., which submitted the responsive, responsible bid of $100,000. Motion carried with Commissioners Kercheval, Baker, and Barr voting “AYE,” Commissioner Wivell voting “NO,” and Commissioner Aleshire “ABSTAINING.” INTERGOVERNMENTAL COOPERATIVE PURCHASE – 2007 DUAL REAR CUT-AWAY SERVICE BODY TRUCK – WATER QUALITY DEPARTMENT Motion made by Commissioner Aleshire, seconded by Kercheval, to approve the Resolution authorizing the Water Quality Department to purchase a 2007 dual rear cut-away service body truck from Criswell Chevrolet, Inc., in the amount of $32,028.98 through the Montgomery County bid (IFB#7507000445) in accordance with the terms and conditions of that contract resolution pursuant to Section 1-106.3 of the Code of Public Local Laws of Washington County, Maryland. Unanimously approved. REZONING APPLICATION RZ-06-016 – ANTIETAM INVESTMENTS, LLC AND SHELDON EBY Kirk Downey, Assistant County Attorney, stated that the purpose of today’s session is for the Commissioners to discuss the rezoning case with the hope that they will reach a consensus. He would then develop APRIL 24, 2007 PAGE FOUR findings of fact and an articulation of reasons for the decision, which would be brought back for a final vote at a future meeting. Mike Thompson, Director of Planning & Community Development, and Stephen Goodrich, Chief Planner, reviewed the staff report and Planning Commission findings for rezoning case RZ-06-016, as submitted by Antietam Investments, LLC and Sheldon Eby to rezone 3.1 acres of land located at 17318, 17329, 17322 and 17326 Virginia Avenue, Hagerstown from RU-Residential, Urban to BL- Business Local. Mr. Goodrich stated that this matter comes to the Board without a recommendation from the Planning Commission due to a tie vote. The meeting was then opened for questions of the staff. Mr. Downey reviewed the process for rezoning applications. The Commissioners then had the opportunity to comment on the case. Commissioner Aleshire stated that he feels the new road did cause a significant change in the character of the neighborhood. He asked that the existing forest be maintained on the site and that the applicant include buffering in the design from the adjoining residential neighborhood. Commissioner Aleshire asked if approval of the rezoning could be conditioned upon the applicant combining the three adjoining properties he owns into one parcel. Mr. Downey stated that he would research the matter to determine if this item could be included as a restriction. Commissioner Kercheval agreed that adequate buffering and on-site forest retention be required if the request for rezoning is approved. He also suggested that the access point to the property could be improved if the properties are combined. Commissioner Kercheval noted that the property is located within the Urban Growth Area (UGA) boundary. He stated that he would support approval of the rezoning with conditions. It was the consensus of the Commissioners to approve the rezoning application RZ-06-016 with the conditions as outlined. Mr. Downey stated that he would draft proposed findings of fact for the Commissioners and bring them back for final consideration and approval. SCHOOL MITIGATION PROPOSAL – ELMWOOD FARM DEVELOPMENT Michael Thompson, Director of Planning & Community Development, introduced Attorney Scott Miller, representing Elmwood Realty, L.L.L.P., who appeared before the Commissioners to request approval of a mitigation proposal under Section 9.1 of the County’s Adequate Public Facilities Ordinance (APFO) for the remaining phases of the project as they relate to school capacity. Mr. Miller stated that Elmwood Farm is a 173 lot single-family residential subdivision located at the intersection of Lappans Road and Kendle Road. The Board of Education has stated that they cannot support further enrollment growth in the feeder pattern from new residential growth. Mr. Thompson stated that the developer has proposed a dual approach in his mitigation plan. First, a phasing plan is being proposed for the remaining 98 lots consisting of no more than 35 building permits per year with no building permits for the future sections being issued prior to May 31, 2008. This would allow a build-out of three years for the future sections beginning in 2008. The second aspect is the payment of a mitigation fee above the standard excise tax. The developer offered to pay $18,000 per lot for the remaining 98 lots. This would include the current $13,000 excise tax and an additional $5,000 for school mitigation. He proposed paying $1,234,800 of the total obligation in three annual installments of $411,600 beginning June 1, 2008 and to pay $5,400 at the time of issuance of building permits for each of the lots. Mr. Thompson stated that staff has concerns with the financial proposal. He noted that the excise tax and mitigation fee need to be separated because combining the full funding mitigation for schools is not realized. In addition, the mitigation agreement should state that the APRIL 24, 2007 PAGE FIVE mitigation payment be paid at the time of the approval of the final plats based on the number of lots with excise tax obligation being paid at the time of application for building permit. Staff also recommended that as part of the mitigation agreement, a payment schedule be established for the payment of the $5,000 per dwelling mitigation fee, with the standard excise tax being collected for each dwelling at the time of application for building permit. Mr. Miller indicated that the Elmwood Farms Development is located on the district boundary line between Fountain Rock Elementary and Williamsport Elementary Schools. He stated that he feels that the developer was originally informed that they were in the Williamsport Elementary School district rather than Fountain Rock. Mr. Miller explained how they arrived at their offer for the mitigation fee. The meeting was then opened for questions and discussion. Commissioner Wivell stated that he would consider a school mitigation fee of $22,500 per unit, which is the fee paid by the Claggett’s Mill development, subject to change if the excise tax rate is increased. Mr. Miller argued that Claggett’s Mill did not have houses built or lots recorded at the time the agreement was made. The Commissioners agreed to take this proposal under consideration. YOUTH OF THE MONTH AWARD – APRIL 2007 The Commissioners presented a certificate of merit to Joel Bates (Clear Spring Middle School) and Megan Duckworth (E. Russell Hicks Middle School) in recognition of their selection as the Youth of the Month by the Washington County Community Partnership for Children & Families (WCCP) for April. The Commissioners commended them for their leadership, academic and extra-curricular activities. Commissioner Barr stated that they would also receive $100 savings bonds from the WCCP. URBAN GROWTH AREA ADVISORY COMMITTEE – CANDIDATES FOR CONSIDERATION Michael Thompson, Director of Planning and Community Development, and Stephen Goodrich, Chief Planner, met with the Commissioners to review the list of candidates for the Urban Growth Area (UGA) Advisory Committee and to determine assigned tasks for the Committee. Mr. Goodrich stated that 26 names were received. He also reviewed possible items that could be assigned to the Committee for review and recommendation. Mr. Goodrich informed the Commissioners that they were planning on focusing on the Hagerstown UGA at this time. He stated that there would be a representative from the municipality added to the Committee when they were considering individual town growth areas. The Commissioners agreed to consider the selection of applicants during a closed session meeting; however, they would be outlining the selection process and assignment for the committee in open session in the near future. The Commissioners took the list of applicants under consideration at this time. BARBARA INGRAM SCHOOL FOR THE ARTS – DISCUSSION Debra Murray, Director of Finance, appeared before the Board to outline additional financing options for the Barbara Ingram School for the Arts that would help to save administrative costs of bond issuance. Commissioner Kercheval explained that discussions between Ms. Murray and the County’s Bond Counsel resulted in several recommendations other than the option presented by the Board of Education for MEDCo funding. Ms. Murray outlined four options. She stated that the first two options assume that the County would be the issuer of the debt and would require an agreement with the Board of Education that repayments would be made through State funding. She explained that this would be considered as “self-supporting debt” rather than “tax supported debt.” Option 1 outlined the County issuing an $8.4 million bond issue (the project total less State grants) and would save approximately $2 million from the original proposal. Option 2 would have the County issue a $9 million bond and would save approximately $1.2 million in issuance costs. Ms. Murray stated that in Options 1 and 2, the County would lose the State historic tax credit; however, it would be retained in Options 3 and 4. Option 3 assumes that bond placement would be done through a private bank with an operating lease. Ms. Murray indicated that this option would incur a higher interest rate but would save the tax credit. Option 4 is the MEDCo financed option previously presented by the Board of Education. APRIL 24, 2007 PAGE SIX Ms. Murray stated that all options would have a dedicated revenue source. She explained that Options 1 and 2 would not impact the debt capacity analysis. Dr. Elizabeth Morgan, Superintendent of Schools, noted that a local non- profit organization would be considered as a conduit for financing in order to retain the tax credits. She explained that the Board intends to set up a foundation to raise funds through endowments. The meeting was opened for questions and discussion. Several of the Commissioners asked for additional information regarding the School and asked for more detailed information on the options presented. Commissioner Baker stated that he would not vote in support of an option that involves County participation. He agreed to consider Options 3 or 4. After discussion, it was the consensus to have the Director of Finance proceed in researching the various financing options for the project and resolving the issues presented. It was agreed to schedule a meeting of both bodies to review and discuss the proposals. GENERAL FUND BUDGET DISCUSSIONS The Commissioners discussed the following positions taken under consideration at last week’s meeting: GIS Database Administrator - Grade 14 (Information Technology Department). Ron Whitt, Director of the Information Technologies Department, and Bud Gudmundson, GIS Coordinator met with the Commissioners to support the position. Mr. Gudmundson provided the proposed job description for the position and outlined the reasons that the position is needed. After discussion, it was the consensus of the Commissioners to support the position. The Commissioners discussed the proposal to hire nine (9) Advanced Life Support (ALS) Technicians (Fire & Emergency Services) at $3,200 above minimum for Grade 13 to support the Master Plan for Emergency Medical Services. Glenn Fuscsick, President of Washington County Volunteer Fire and Rescue Association (WCVFRA), spoke in support of the Plan and urged the Commissioners to fund the twelve positions as recommended. The meeting was then opened for discussion and questions. Commissioners Wivell and Baker indicated that they were willing to set aside funds for future consideration of hiring the nine ALS positions. Commissioners Kercheval, Aleshire, and Barr supported hiring nine ALS Technicians in the FY 2008 budget and reserving funding for consideration of hiring the additional four as outlined in the EMS Master Plan. Mr. Murray stated that the large budgetary number for emergency services in FY 2008 shows the Commissioners support of Phase I of the EMS Plan. Jack Latimer, member of the Emergency Services Advisory Council, thanked the Commissioners for approving the positions and spoke in support of the plan as developed by the Emergency Services Advisory Council and approved by the WCVFRA. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Baker, to convene in closed session at 5:30 p.m. to consult with counsel to obtain legal advice on a legal matter; consult with staff, consultants, or other individuals about pending or potential litigation; and to consider the acquisition of real property for a public purpose and matters directly related thereto, 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 Kercheval, seconded by Wivell, to reconvene in open session at 6:06 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice; consulted with staff, consultants, or other individuals about pending or potential litigation; and considered the acquisition of real property for a public purpose and matters directly related thereto. 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; Andrew Wilkinson, Assistant County Attorney; Greg Murray, County Administrator; Joni Bittner, County Clerk; Carolyn Motz, Airport Manager; APRIL 24, 2007 PAGE SEVEN Phil Ridenour, Airport Fire Chief; Greg Larsen, Airport Business Development Manager; and Thomas Henderson and Harry Reynolds, Airport Advisory Commission members. ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Baker, to adjourn at 6:06 p.m. Unanimously approved. , County Administrator _______________________________, County Attorney ___________________________, County Clerk