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HomeMy WebLinkAbout070717 July 17, 2007 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:00 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 – JUNE 19 & JULY 10, 2007 Motion made by Commissioner Baker, seconded by Kercheval, to approve the minutes of June 19, 2007 and July 10, 2007. Motion carried with Commissioners Baker, Kercheval, Aleshire, and Barr voting “AYE” and Commissioner Wivell “ABSTAINING.” REPORT FOR WASHINGTON COUNTY EMPLOYEES RETIREMENT PLAN AND LOSAP FUND Christoper Little and Matt Wyskiel, representatives of Mercantile Institutional Services, whose firm manages the County’s pension system, met with the Commissioners regarding the updated Pension Policy and Pension Plan Assets. Mr. Little provided a summary of the planned transition from Mercantile to PNC Bank. He reviewed the investment plan for the pension plan and for the Length of Service Awards Program (LOSAP). Mr. Little stated that the targeted asset allocations and guidelines are in compliance with the stated objectives for both plans. Mr. Little also reviewed the asset allocation for the pension plan and LOSAP. Mr. Wyskiel reviewed the tiers of stocks that make up the plan. He outlined the investment performance and total return and asset classes. Mr. Wyskiel explained that their goal is to have a year-to-date return that is 4% higher than CPI index. He indicated that they are meeting their objectives and the plan is performing nicely with a total pension blended index return of 16% over the year. He also reviewed the equity portfolio and the allocation matrix and percentages in each category. Mr. Wyskiel also reviewed the fixed income profile and bond portfolio for the County’s pension plan and LOSAP and provided a market outlook through 2007. Jon Ketzner, Senior Actuary with BGS&G/CBIZ, and Mike Miller, Staff Actuary, were in attendance to answer any questions the Commissioners might have regarding the pension funds for the Employees Retirement Plan. He reviewed the process and stated that the recommended County Contribution for FY 2008 is $3,065,534 (GASB $3,470,779). Mr. Ketzner concluded that the plan remains in acceptable financial condition and is responsibly administered. He noted that the benefit structure remains competitive, the Trust has had a positive cash flow of approximately $6 million for the period ending June 30, 2007, new federal law has no material impact on the plan, and the plan is compliant under UMPERSA. Mr. Ketzner recommended making no new benefit improvements at this time and maintaining County funding in the 10-12% of payroll target. He indicated that he would be making recommendations to them in the future regarding the LOSAP Program. MAUGANS AVENUE – SINK HOLE REMEDIATION GROUTING Terry McGee, Chief Engineer, and Rob Slocum, Deputy Chief Engineer, met with the Commissioners to request authorization to enter into a contract with Concrete Protection and Restoration, Inc. for the repair of the sinkhole on the southern side of Maugans Avenue. Mr. McGee stated that the sinkhole was discovered on May 13 and the next day was temporarily repaired by removing the unsuitable material and excavated, then replaced with large stone and flowable fill. Mr. McGee explained that David Martin, Chief, and Larry Bolt, Assistant Division Chief of the State Highway Administration’s Engineering Geology Division, met with the County and advised them that grouting is the recommended long-term repair. The SHA officials then offered the contract mentioned as well as the services of their leading grouting inspector. Mr. McGee then reviewed the grouting process. The meeting was then opened for questions JULY 17, 2007 PAGE TWO and discussion. Mr. McGee stated that the current budget balance is adequate to cover the estimated contract. He stated that the initial estimate is $172,300 although it is a unit price contract and, therefore, could be higher or lower than this amount based on the quantities used. Motion made by Commissioner Kercheval, seconded by Baker, to enter into a contract with Concrete Protection and Restoration, Inc. (CPR), which holds the on-call contract with Maryland State Highway Administration for “Repair of Sinkholes by Grouting at Various Locations,” for the repair of a sinkhole on the southern side of Maugans Avenue at an initial estimate of $172,300. Unanimously approved. CITIZENS’ PARTICIPATION Roy Funk asked about the status of the rezoning application on Orchard Ridge Road in Hancock. He stated that he is opposed to it and read a letter outlining the reasons for his opposition. Commissioner Kercheval stated that the Planning Commission voted to recommend approval of the application and that it would ultimately come before the County Commissioners for a final decision. COUNTY ATTORNEY ISSUES Andrew Wilkinson, Assistant County Attorney, informed the Commissioners that he has a Memorandum of Understanding between the Board of County Commissioners, representing the Hagerstown/Eastern Panhandle Metropolitan Planning Organization, and Region 9 for their review and approval. Mr. Wilkinson stated that he would present it to them following the MPO budget presentation scheduled for later today. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, reminded the Commissioners that the annual County employees’ picnic is this Saturday at Antietam Recreation. Mr. Murray stated that he would be scheduling time in the near future to discuss and finalize the County’s FY 2008 goals. APPOINTMENT – ADVISORY SCHOOL DESIGN REVIEW COMMITTEE Motion made by Commissioner Wivell, seconded by Kercheval, to appoint Stanley Valentine to the Advisory School Design Review Committee as the electrical contractor representative. Unanimously approved. REPORTS FROM COUNTY STAFF Jim Sterling, Director of Buildings, Grounds and Parks, requested authorization to amend the 2008 Program Open Space (POS) program. He stated that the City of Hagerstown would like to change its request to remove City Park Benches and Tables ($18,000) and Potterfield Pool Tot Lot Playground $18,000) projects and replace them with the Fairgrounds Park Three-Phase Electric Service ($36,000). Mr. Sterling indicated that he had spoken to all but two members of the Recreation and Parks Board and that they concur with the request. Motion made by Commissioner Aleshire, seconded by Kercheval to amend the 2008 Program Open Space (POS) program as requested by the City of Hagerstown by removing the City Park Benches and Tables ($18,000) and Potterfield Pool Tot Lot Playground $18,000) projects and funding the Fairgrounds Park Three-Phase Electric Service ($36,000). Motion carried with Commissioners Aleshire, Kercheval, Baker and Wivell voting “AYE” and Commissioner Barr “ABSTAINING.” Robert Davenport, Director of the Solid Waste Department, and Harvey Hoch, Recycling Coordinator, informed the Commissioners that they received grant funding in the amount of $18,700 from the Maryland Department of the Environment to implement a plan to offer electronic recycling (e-cycling) on a full-time basis at the Forty West landfill. Mr. Hoch stated that the funds would allow them to prepare a site that is convenient for the public to use for a minimum scale fee. Motion made by Commissioner Aleshire, seconded by Baker, to approve grant funding from the Maryland Department of the Environment in the amount of $18,700 to implement a plan for electronic recycling, contingent upon JULY 17, 2007 PAGE THREE review and approval of the County Attorney’s office. Unanimously approved. Joe Kroboth, Director of Public Works, informed the Commissioners that the blinking traffic light on South Potomac Street near South Hagerstown High School will be converted to full-time traffic signal. Mr. Kroboth provided an update on the pavement management projects and construction projects. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Barr welcomed all those listening to the meeting on-line through audio streaming. Commissioner Kercheval reported on the Maryland Association of Counties (MACo) Legislative Committee meeting. He indicated that the State proposes to cut $1.5 billion in its budget assuming that no new revenue is added. Commissoner Kercheval stated that there was further discussion at the meeting on MACo 2008 legislative initiatives. Commissioner Baker stated that he attended the Barge Bash in Hancock. Commissioner Aleshire reported on Economic Development Commission meeting. He stated that he met with Earl Stoner, Health Officer, at the Health Department since he was unable to attend the Advisory Commission to the Board of Health meeting. Commissioner Aleshire informed the Commissioners that he attended the open house for the Walnut Street Clinic. He stated HeraldMail that the article in today’s regarding the rezoning application on Beaver Creek Road was misleading and stated that there is land in that vicinity that currently allows commercial development no matter what action is taken on this rezoning application. Commissioner Wivell asked for consensus to ask the Advisory School Design Review Committee to review and analyze the general contractor versus construction manager position to determine what the best approach would be for school construction projects. It was the consensus of the Commissioners to ask the Committee to review this issue. COMMUNITY HEALTH CHARITIES AWARD PRESENTATION Pat Vido, representing Community Health Charities, presented the Commissioners with an award in appreciation for the County’s participation with their annual fundraising efforts. Ms. Vido also presented a Certificate of Merit to Angela Helfrick for chairing the County efforts. CERTIFICATE OF MERIT AWARDS – SOLID WASTE DEPARTMENT Commissioner Barr presented Certificate of Merit awards to Cathy Mills, Operations Supervisor for the Department of Solid Waste, in recognition of having completed the training, educational and experience requirements through the Solid Waste Association of North America (SWANA) to be certified as a Manager of Landfill Operations. Also receiving Certificates of Merits were Julie Pippel, Director of Environmental Management, and Mark Bradshaw, Deputy Director of Engineering Services, who completed the requirements to obtain certification as Landfill Technical Associates. The Commissioners congratulated the employees on their accomplishments. HAGERSTOWN/EASTERN PANHANDLE METROPOLITAN PLANNING ORGANIZATION (MPO) – FY 2008 BUDGET Jill Baker, Senior Planner, and Robert Gordon, MPO Director, met with the Commissioners to request acceptance of grant funding from the Federal Highway Administration and Federal Transit Authority for the purpose of conducting planning activities for transportation related issues. The funds are then funneled through the State governments to allow the regional MPO’s to carry out the planning activities. Ms. Baker stated that 80% funding is provided by the Federal government, 10% State government, and 10% local government. The total budget for FY 2008 is $395,895 (West Virginia - $228,776 and Maryland $167,119). She informed the Commissioners that Washington County’s match obligation of $16,712 can be met through in-kind services. JULY 17, 2007 PAGE FOUR Motion made by Commissioner Kercheval, seconded by Baker, to approve the FY 2008 budget for the Hagerstown/Eastern Panhandle Metropolitan Planning Organization (MPO) of $395,895 and to accept the grant funding provided from the Federal Highway Administration and Federal Transit Authority for the purpose of conducting planning activities for transportation related issues. Unanimously approved. Motion made by Commissioner Kercheval, seconded by Baker, to approve the Memorandum of Understanding between the Board of County Commissioners of Washington County, Maryland, representing the MPO and Region 9 in reference to the employment of MPO Director, Robert Gordon, and the provision of office space and supplies. Unanimously approved. RECESS The Commissioners recessed at 11:54 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:14 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. REZONING MAP AMENDMENT RZ-07-001 (KENT N. OLIVER) & CP-07-001 (KENT OLIVER) – APPLICATION FOR AMENDMENT TO THE URBAN GROWTH AREA 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 findings of fact and articulation of reasons for the decision, which would be brought back for final adoption 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-07-001, as submitted by Kent N. Oliver to rezone 60 acres of land north of Beaver Creek Road, south of and adjacent to the south side of Interstate 70 and west of Whitehall Road from Agricultural (rural) to Highway Interchange I (western 60 acres) and an application from Mr. Oliver for Amendment to Washington County Comprehensive Plan’s Urban Growth Area (UGA) boundary (CP-07- 001) to include the entire 120.775 acre parcel in the UGA. Mr. Goodrich stated that the Planning Commission voted to recommend denial of both requests, finding that application RZ-07-001 was not consistent with the County’s Comprehensive Plan and to recommend denial of CP-07-001 based on the negative impact to adjacent rural properties, the apparent lack of infrastructure, the lack of sewer capacity, and the lack of an adequate road network. The meeting was then opened for questions of the staff. Mr. Downey reviewed the process for rezoning applications. Commissioner Aleshire stated that he is struggling with several issues including the school site and the misconception that if the rezoning was denied a shopping center would not be permitted in the area. He indicated that a significant amount of land in that vicinity is properly zoned within the UGA and will allow commercial development. He stated that he has concerns regarding the extension of utilities since there has been no response from the City of Hagerstown that it would extend water and sewer to the property, and road connections as there is no indication that there is adequate right-of-way for a second access into the property. Commissioner Wivell asked Mr. Downey about the County’s ability to place conditions on the approval of a rezoning. Commissioner Baker questioned the staff on the uses allowed in the Highway Interchange zoning and how it is determined for properties to be included in the UGA. Mr. Goodrich explained the process used to determine whether a property should be included in the UGA. JULY 17, 2007 PAGE FIVE Commissioner Kercheval discussed the rezoning process and the amount of e-mails received following the hearing. He stated that there is a need to answer questions and dispel the misinformation floating around about the case. He suggested the possibility of holding a meeting with the City to address the extension of water and sewer utilities and then holding another public hearing to include the new information. Commissioner Kercheval agreed that the road issue is significant. He stated that the HI zoning has been in place for property in this area for 30 years. The Commissioners discussed the suggestion. Mr. Murray asked about the possibility of seeking additional information. John Martirano, County Attorney, stated that the record was officially closed after the joint public hearing; however, an additional hearing could be held to give everyone an opportunity to comment on any new or additional information that is presented. Mr. Goodrich explained that staff would have to collect additional information and send this application out again for agency review with those items to be addressed specifically before holding another hearing. The Commissioners discussed their questions regarding water and sewer extension. Kathleen Maher, City Planner, indicated that the City Council is not planning on meeting with the applicant, unless they receive direction from the County Commissioners. It was the consensus of the Commissioners that additional factual information is needed on the school site, road adequacy issues, buffering needs, and direction from the City Council regarding water and sewer issues. After the information is received, a decision would be made regarding whether an additional public hearing would have to be scheduled. Commissioner Aleshire emphasized that there needs to be more information to the public on the land uses permitted in the area. ELDERLY HOUSE PROJECT – MAUGANSVILLE John Schuster, Jr., representing Greenspring Housing LP and SIS Properties, LLC, appeared before the Commissioners requesting approval of a proposed 24-unit elderly housing facility for low and moderate-income seniors adjacent to his Greenside Apartments in Maugansville. Mr. Schuster explained that all occupants would be required to be 62 years of age or older. He also reviewed the income levels to be served and the estimated rental payments. Mr. Schuster requested that the Commissioners enter into a PILOT (payment in lieu of taxes) Agreement similar to the one the County approved for Hagerstown Robinwood Senior Associates. He also asked that they confirm that elderly housing developments are 70% exempt from the excise tax. Mr. Schuster had appeared before the Board of County Commissioners on August 22, 2006 to hear this request and request for a letter of support. At that time the Commissioners agreed to provide a letter of support but would not approve a PILOT agreement for a proposal to construct elderly housing. As a result, Mr. Schuster has not submitted an application to the State for this project. The meeting was then opened for questions. Mr. Martirano stated that from a legal prospective he has several concerns about Mr. Schuster’s request to “freeze” the excise tax rate for this project. After discussion, it was the consensus not to approve the request. APPLICATION FOR AMENDMENT TO WATER AND SEWERAGE PLAN – WS-07-001 (SMITHSBURG) Tim Lung, Chief Planner, reviewed the Town of Smithburg’s application for amendment to the Water and Sewerage Plan for the purpose of revising and updating all of the text, charts, and tables of the current Plan affecting the areas under the jurisdiction of the Town. Mr. Lung stated that the Planning Commission recommended approval of the amendment. Motion made by Commissioner Wivell, seconded by Baker, to adopt the resolution (Resolution No. RS-07-011) approving application WS-07-001 as submitted by the Town of Smithsburg for amendment to Washington County Water and Sewerage Plan. Motion carried with Commissioners Wivell, JULY 17, 2007 PAGE SIX Baker, Kercheval, and Barr, voting “AYE” and Commissioner Aleshire “ABSTAINING.” APPLICATION FOR AMENDMENT TO WATER AND SEWERAGE PLAN – WS-07-002 (CITY OF HAGERSTOWN) Tim Lung, Chief Planner, reviewed the City of Hagerstown’s application for amendment to the Water and Sewerage Plan for the purpose of revising and updating all of the text, charts, and tables of the current Plan affecting the areas under the jurisdiction of the City. In particular, the amendments update information regarding the City’s water and sewer infrastructure, capacities, and planned capital improvements to the system. Mr. Lung stated that the Planning Commission recommended approval of the amendment Motion made by Commissioner Aleshire, seconded by Baker, to adopt the resolution (Resolution No. RS-07-012) approving application WS-07-002 as submitted by the City of Hagerstown for amendment to Washington County Water and Sewerage Plan. Unanimously approved. INTERGOVERNMENTAL COOPERATIVE PURCHASE – NATURAL GAS SUPPLY SERVICES Motion made by Commissioner Kercheval, seconded by Wivell, to approve the Resolution (Resolution No. RS-07-013) authorizing the purchase of natural gas supply services from Washington Gas Energy Services, Inc. at a fixed price for July, 2007 of $0.7910/therm ($7.910/Dth) to the “Delivery Point” and a fixed price for August 2007 through June 2008 of $0.9590/therm ($9.590/Dth) to the “Delivery Point” through the contract (Bid #072.06.B1) between the Howard County Public School System and Washington Gas Energy Services, Inc. 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. The term of the contract would be August 1, 2007 through June 30, 2008. Unanimously approved. SCHOOL MITIGATION PROPOSAL – ELMWOOD FARM DEVELOPMENT Michael Thompson, Director of Planning & Community Development, met with the Commissioners regarding the Elmwood Farm school mitigation proposal. Mr. Thompson stated that the applicant made his original request before the Board on April 24, 2007; however, no decision was reached regarding the offer presented. He introduced Attorney Scott Miller, representing Elmwood Realty, L.L.L.P., who appeared before the Commissioners to review the 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 mitigation payment be paid at the time of the approval of the final plats JULY 17, 2007 PAGE SEVEN based on the number of lots with the excise tax obligation being paid at the time of application for building permit. Mr. Miller explained how they arrived at their offer for the mitigation fee. The meeting was then opened for questions and discussion. Mr. Miller stated that his client would be willing to accept a mitigation plan that called for a $5,000 mitigation fee contribution to be paid at final plat approval and to pay the excise tax at the time of the application for building permit, as recommended by staff. Mr. Thompson noted that there may be shifts in the district boundaries that would create additional capacity at Fountain Rock Elementary. Commissioner Wivell stated that he could be favorable to a mitigation offer of $22,000 per lot. Andrew Wilkinson, Assistant County Attorney, emphasized that, if the developer agrees to $18,000, it would remain at that rate even if the Excise Tax goes down in the future. He stated that, if the Excise Tax rate goes up in the future, then the developer would have to pay the overage above $18,000. Mr. Wilkinson also emphasized that the excise tax would be doubled in accordance with the current Excise Tax Ordinance if there are over 25 units per year, even if the Excise Tax Ordinance is amended. Mr. Wilkinson noted that the first year for consideration of the 35 lots would be May 2008 – July 2009. He stated that the County would also want the builder to sign any mitigation agreement because Mr. Miller indicated that the builder would be the one paying the excise tax portion. However, Mr. Wilkinson emphasized that even if the builder did or did not sign an agreement, Mr. Miller’s client would be responsible for the full amount of excise tax and mitigation fee. Motion made by Commissioner Kercheval, seconded by Wivell, to approve a mitigation agreement with Elmwood Realty, L.L.L.P. for the remaining 98 lots, to include a payment schedule being established for the payment of the $5,000 per dwelling mitigation fee being paid upon recordation of the lots, with the standard excise tax being collected for each dwelling at the time of application for building permit, with the understanding that Excise Tax would be paid at the building permit stage at the rate in effect at that time and not lower than the rates currently in effect, with a doubling provision for lots over 25 during the County’s fiscal year, with no building permits being received before May 31, 2008, with a phasing schedule of not more than 35 units per fiscal year, and the first “year” running from May 31, 2008 to June 30, 2009, and assuring that the developer shall be responsible for full payment irrespective of whether the builder executes the agreement. Motion carried with Commissioners Kercheval, Wivell, Baker, and Barr voting “AYE” and Commissioner Aleshire voting “NO.” Mr. Miller stated that he would check with his client to see if this is acceptable. Mr. Miller was instructed that the matter would not move forward if his client was not agreeable. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Aleshire, to convene in closed session at 4:19 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 discuss the appointment, employment, assignment, promotion, and/or compensation of appointees, employees, or officials over whom it has jurisdiction, 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 Baker, to reconvene in open session at 4:47 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; discussed the appointment, employment, assignment, promotion, and/or compensation of appointees, employees, or officials over whom it has jurisdiction; and discussed personnel matters that affect one or more specific individuals. Present JULY 17, 2007 PAGE EIGHT 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; Kirk Downey, Assistant County Attorney; Greg Murray, County Administrator; and Joni Bittner, County Clerk. PENMAR DEVELOPMENT CORPORATION APPOINTMENTS Motion made by Commissioner Kercheval, seconded by Aleshire, to appoint Doris Nipps, Patrick Pascoe, and Kristin Aleshire to the PenMar Development Corporation Board of Directors for four-year terms. Motion carried with Commissioners Kercheval, Aleshire, and Barr voting “AYE” and Commissioners Baker and Wivell voting “NO.” ADJOURNMENT Motion made by Commissioner Wivell, seconded by Aleshire, to adjourn at 4:59 p.m. Unanimously approved. _____________________________, County Administrator _____________________________, County Attorney ________________________ County Clerk