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HomeMy WebLinkAbout071030 October 30, 2007 Hagerstown, Maryland The Commissioners attended a breakfast meeting sponsored by the Commission on Aging at their offices at 8:00 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:30 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 – OCTOBER 23, 2007 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of October 23, 2007. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Aleshire discussed several articles that were featured in the National Association of Counties (NACo) County News including the credentialing of GIS, changes that were made to the State Children’s Health Insurance Program (SCHIP) bill, and free radon test kits that NACo is distributing to counties. He commented on several items on the Planning Commission’s upcoming agenda. Commissioner Kercheval agreed to present the comments and concerns at the Planning Commission meeting. Commissioner Aleshire stated that he feels it is important to provide a response to letters/editorials that have been published in the newspaper regarding the Excise Tax. He noted that many articles have been based on assumptions and accusations regarding proposed changes that have not yet been discussed. Commissioner Kercheval informed the Commissioners that Washington County has three vacancies on the Tri-County Council that need to be filled, two at-large representatives and one municipal position. Commissioner Kercheval stated that he participated in the Alsatia Club’s Mummers Day Parade and would be attending the Maryland Association of Counties (MACo) Legislative Committee meeting tomorrow. He informed the Board that the most City & County recent edition of magazine had several good articles on waste-to-energy. Commissioner Kercheval stated that he received an e-mail notice from the County’s lobbying team that a bill has been introduced in Special Session of the General Assembly that would repeal the County’s authority to regulate tip jars. Mr. Murray stated that Jim Hovis, Gaming Director, would be discussing this later today. Commissioner Barr reported that he attended the Hagerstown- Eastern Panhandle Metropolitan Planning Organization (MPO) meeting in Martinsburg last week. He stated that he also attended the City of Hagerstown’s public forum entitled “What’s Taking Shape” last week. Commissioner Baker stated that he attended the Republican Club meeting and expressed Senator Munson’s thanks to the Commissioners for supporting the revisions to the Tip Jar Regulations. INTRODUCTION OF NEW EMPLOYEES William Sonnik, Human Resources Director, introduced new County employees Gregory Barnes (Engineering), Scott Brown (State’s Attorney’s Office), Terry Harnish (Detention Center), and Cory Cunningham (Detention Center). The Commissioners welcomed the new employees and wished them well in their positions. PRESENTATION OF CHARTER Jeanne Singer, Chair of the Home Rule Charter Board and members Ronald Bowers, Lee Downey, Tom Berry, David Hanlin, Sharon Leatherman, and Brien Poffenberger, appeared before the Commissioners to present the final version of the proposed Charter which will be certified to the Election Board for inclusion on the ballot in February 2008. Ms. Singer reviewed the major changes that were made to the document and stated that the key change was eliminating Council districts. She indicated that the seven- OCTOBER 30, 2007 PAGE TWO member Council would be elected at-large from the entire County. Ms. Singer also noted that the Referendum Section was revised by lowering the percentage necessary to take an item to referendum. The percentage for taking long-term borrowing to referendum was increased to 15%. She stated that the other revisions that were made were either editorial in nature or clarifications to the text. The Commissioners thanked the Committee and commended them for their time and efforts spent in developing the Charter. COUNTY ADMINISTRATOR’S COMMENTS Greg Murray, County Administrator, reminded the Commissioners that the Greater Hagerstown Committee would be meeting at Robinwood Medical Center tomorrow to discuss items to be addressed during the Legislative Session. He informed the Commissioners that financial updates for the first quarter of FY 2008 had been placed on their desks. REPORTS FROM COUNTY STAFF Jim Hovis, Director of the Gaming Office, and Brien Poffenberger, Executive Director of the Chamber of Commerce, appeared before the Commissioners to provide information regarding House Bill 14 that was recently introduced in Special Session to repeal the authority in Washington, Allegany, Garrett and Frederick Counties to regulate tip jar gaming and give that authority to the State Lottery Commission. The Commissioners discussed the situation and agreed that Mr. Hovis should start the process to “rally the troops” in opposition to this bill due to the short time period. The Commissioners also agreed to send a letter in opposition to House Bill 14. Jaime Dick, Director of the Recreation Department, informed the Commissioners that the Basketball Referee’s Association approved the three-year agreement for the Summer Basketball League at the rate of $50 per game. It was the consensus to authorize Mr. Dick to execute the agreement on behalf of Washington County. Joe Kroboth, Director of Public Works, stated that he has been asked by the County Engineers Association to testify in Annapolis during the Special Session, on behalf of MACo and the County Engineers Association, in support of the Transportation Investment Act. Mr. Kroboth stated that the bill would secure Highway User revenue funding and adjust the motor fuel tax rate by indexing it to the annual construction cost index, with an increase of not more than one cent per calendar year. He indicated that the Governor’s office has stated that if legislation is not approved, Highway Revenues would be cut. After discussion, the Commissioners asked Mr. Kroboth to focus his testimony on the need to keep the Highway User Fund whole. Mr. Kroboth also reported on the Maugans Avenue project and the bi-annual bridge inspection program. CITIZEN’S PARTICIPATION There was no one in attendance who wished to participate. PUBLIC HEARING – PRIORITY RANKING FOR MARYLAND AGRICULTURAL LAND PRESERVATION PROGRAM The Commissioners convened a public hearing at 11:09 a.m. in order to consider the priority rankings for properties applying to sell FY 2008 easements through the Maryland Agricultural Land Preservation Program (MALPP). Eric Seifarth, Land Preservation Administrator, and Holly Thibault, Planner, stated that the Agricultural Land Preservation Advisory Board ranks properties for the MALPP based on established criteria. Mr. Seifarth stated that the funding for 2007-08 would be up to $2 million and asked the Commissioners to commit $1.34 million in Agricultural Transfer Tax money for the 60/40-match program. Ms. Thibault reviewed the categories in the ranking system and the ranked properties. Mr. Seifarth stated that the Advisory Board is recommending submission of 25 ranked applications to the State. He indicated that they would purchase as many easements as possible with the available funding. Commissioner Aleshire had questions regarding the ranking system and stated that he feels that the categories of “Economic Viability” and “Subdivision Activity” should be ranked higher in the point system than they are in the current scale. The Commissioners asked OCTOBER 30, 2007 PAGE THREE staff to discuss the possibility of revising the point ranking system with the Agricultural Land Preservation Advisory Board in time for next year’s ranking cycle. The meeting was then opened for public comment. Beverly Shriver spoke in support of the Murphy farm application. She stated that she has concerns about how development of the farm would affect neighboring properties. Sam Hunter stated that he believes that neighbors of any of the applicants would speak in favor of the applications and express the same concerns as Mrs. Shriver. The public hearing was closed at 11:35 a.m. Motion made by Commissioner Kercheval, seconded by Baker, to approve submitting the following 25 applications as ranked by the Agricultural Land Preservation Advisory Board for easement purchase to the Maryland Agricultural Land Preservation Programfor FY 2008 and to commit $1.34 million in Agricultural Transfer Tax money for the 60/40-match program: 1) Betty Jane Oller, 2) Roth Meadowbrook, 3) Andrew Michael, et al 4) Samuel Hunter, 5) Scott & Karen Hamilton, 6) Roger Hornbaker, 7) Ray & A. Geneva Clark, 8) Mary Murphy, 9) Lisa Leather, 10) Franklin Barnhart, 11) Robert & Ruth Zeim, 12) Sandra Izer, 13) Verda Winders, 14) Myron Martin, 15) Leo Cohill, 16) Maureen Warner, 17) Nelson Reeder, EDDN-LLC, 18) Beverly Shriver, 19) Phyllis Barr, 20) Bowman Farms, LLC, 21) Caryoln Ann Barkdoll, 22) Kriner Farm, LLC, 23) Lane Heimer, 24) Robert Martz, and 25) Thomas Allen Grosh. Motion carried with Commissioners Kercheval, Baker, Wivell, and Barr voting “AYE” and Commissioner Aleshire voting “NO.” ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) PROPOSED MITIGATION AGREEMENT – SHENANDOAH ESTATES Michael Thompson, Director of Planning & Community Development, met with the Commissioners regarding the Shenandoah Estates school mitigation proposal under Section 9.1 of the County’s Adequate Public Facilities Ordinance (APFO). Mr. Thompson stated that the applicant made his original request before the Board on October 2, 2007; however, no decision was reached regarding the offer presented. Jason Divelbiss, representing Shenandoah Estates, was present to answer questions. Mr. Thompson noted that Shenandoah Estates is an eight-unit, single- family, residential subdivision located on Bakersville Road. Mr. Divelbiss stated that the September 30, 2007 enrollment figures show that Fountain Rock Elementary is 111% over capacity, Springfield Middle is at 94% capacity, and Williamsport High School is at 100% capacity. Mr. Thompson indicated that the recommendations of the Board of Education’s Facilities and Enrollment Advisory Committee would impact the Fountain Rock School beginning in 2008 and would result in decreasing the enrollment below the 90% level specified in the APFO. The latest enrollment figures show that this project would take Williamsport High School to an over capacity level. Mr. Thompson stated that he is unsure of where the boundaries would be established following the redistricting, so he is not certain what impact this development would have on the high school. Mr. Divelbiss had proposed that the developer pay a mitigation fee of $10,261 in the event that the proposed redistricting does not result in adequate space at the elementary school for the three elementary school students generated by the development. He suggested that the same methodology now be applied to the high school. Mr. Divelbiss stated that his client would prefer to offer a set number for mitigation and pay the excise tax amount in effect when the development is started. The meeting was opened for discussion. Commissioner Aleshire expressed his concerns regarding the APFO and more specifically the mitigation provisions. Mr. Thompson suggested that a work session be scheduled to establish policies for developers to follow in offering mitigation plans. After discussion, the Commissioners agreed to table the issue and place it back on the agenda after the workshop. RECESS – LUNCHEON WITH ARC BOARD & TOUR OF FACILITY The Commissioners recessed at 12:18 p.m. to attend a luncheon with the Board of Directors of the Association for Retarded Citizens (ARC) and to tour their facilities. OCTOBER 30, 2007 PAGE FOUR AFTERNOON SESSION The afternoon session was called to order at 1:38 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. APPROVAL OF GRANT AWARDS - MARYLAND TRANSIT ADMINISTRATION GRANT AGREEMENTS Motion made by Commissioner Aleshire, seconded by Baker, to approve the following grant agreements with the Maryland Transit Administration: 1) Small Urban Area Public Transportation Operating Grant from the Maryland Transit Administration for Fiscal Year 2007 for 75% of the estimated net project cost or $719,739, whichever is less, with the County share of approximately $450,000, which is budgeted as part of the Transportation Department’s budget; 2) to approve a Grant Agreement with the Maryland Transit Administration Americans with Disabilities Act Operating Grant for FY 2008 to assist in providing transportation services to persons with disabilities for the approved net project cost of $188,100. The County will be required to provide local public funds of $23,220; 3) to approve the Agreement with the Maryland Transit Administration for FY 2008 Statewide Special Transportation Assistance Program (SSTAP) grant funding in the amount of $146,917, seventy- five percent of the net project cost, to assist in providing transportation services to elderly persons and persons with disabilities, with the County providing up to $48,972 in local public match through in-kind services; 4) to approve the Agreement through the Maryland Transit Administration to assist the County to provide transportation service under the Job Access and Reverse Commute program for FY 2008 in the amount of $38,211, State funds of $33,002, and local funds of $109,375 as provided by the Washington County Department of Social Services; and 5) to approve the Capital Grant Agreement from the Maryland Transit Administration (FY 2008) to assist in the purchase of three (3) 20/2 Medium Duty Buses, one (1) 5/3 Small Bus, a support vehicle, and facility rehabilitation and preventative maintenance in the amount of $742,824 for the net project cost, with the County to provide local funds for the project in the amount of $74,282. Unanimously approved. CHANGE ORDER – BOONSBORO LIBRARY ARCHITECT Motion made by Commissioner Wivell, seconded by Aleshire, to approve Change Order No. 3 for the Boonsboro Branch Library in the amount of $52,330 for additional design, geotechnical fees, and construction administration by Murphy and Dittenhafer Architects, Inc. with the understanding that the liquidated damages of $500 per day will be pursued with the contractor. Unanimously approved. The Commissioners expressed their desire for staff to recoup any damages that occurred from delays and to seek liquidated damages from the contractor. They also asked that they ensure that the Town of Boonsboro pays for the changes requested by them in the project. EXCISE TAX DISCUSSIONS The Commissioners began discussions regarding the recommendations made by the Excise Tax Task Force with regard to residential and non-residential rates. Greg Murray, County Administrator, reviewed the additional information they had requested. He also reviewed projects showing revenues that would be derived at various rates for the years 2008-2013 given a gradual, moderate or rapid recovery scenario. The Commissioners discussed the non-residential rate and agreed to split it into categories for retail and non- retail. It was the consensus to recommend to the Delegation to the General Assembly the rates of $3.00 per square foot for retail and $1.00 per square foot for non- retail projects. After discussion regarding residential rates, it was the consensus to recommend the rate of $3.00 per square foot on the total gross square footage for new residential construction, eliminating exemptions. The rate for additions would be 50% or $1.50 per square foot. The OCTOBER 30, 2007 PAGE FIVE Commissioners discussed whether to have a separate fee for modular/mobile homes and agreed that they needed additional information on this issue. ADJOURNMENT Motion made by Commissioner Aleshire, seconded by Wivell, to adjourn at 4:47 p.m. Unanimously approved. _____________________________, County Administrator _____________________________, County Attorney ________________________ County Clerk