HomeMy WebLinkAbout04.29.2014 Agenda BOARD OF COUNTY COMMISSIONERS
* * * A G E N D A * * *
April 29, 2014
1:25 p.m. INVOCATION and PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Terry L. Baker
APPROVAL OF MINUTES – April 15, 2014
1:30 p.m. PUBLIC HEARING
AGRICULTURAL PRESERVATION DISTRICT APPLICATIONS
Eric Seifarth and Chris Boggs (Related documentation)
1:45 p.m. PAYNE-HOLDER RURAL LEGACY EASEMENT PROPOSAL
Eric Seifarth and Chris Boggs (Related documentation)
2:00 p.m. COMMISSIONERS’ REPORTS & COMMENTS
2:15 p.m. 11TH ANNUAL MUSEUM RAMBLE OF THE WASHINGTON COUNTY
ASSOCIATION OF MUSEUMS AND HISTORICAL SITES – William Knode
and Rachel B.K. Nichols
2:30 p.m. CITIZENS PARTICIPATION
2:40 p.m. OTHER BUSINESS:
County Attorney Comments – John M. Martirano
Appointments to County Boards & Commissions – Vicki Lumm
County Administrator’s Comments – Gregory B. Murray
Reports from County Staff
2:50 p.m. AMENDMENT TO RIDER JET CENTER, FIXED BASE OPERATION LAND
LEASE – Phil Ridenour (Land Lease Exhibit and Demo Exhibit)
3:00 p.m. MODIFICA TION OF WATER AND SEWER RATES FOR FY2015
MODIFICATION OF CERTAIN LANDFILL USER FEES FY2015
Julie Pippel (Summary)
3:15 p.m. CLOSED SESSION– (To discuss the appointment, employment, assignment, promotion,
discipline, demotion, compensation, removal, resignation, or performance evaluation of
appointees, employees, or officials over whom this public body has jurisdiction, to discuss other
personnel matters that affect one or more specific individuals; and to consider a matter that
concerns the proposal for a business or industrial organization to locate, expand, or remain in
the State.)
BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND Terry L. Baker, President
County Administration Building John F. Barr, Vice President
100 West Washington Street, Room 226 Ruth Anne Callaham
Hagerstown, Maryland 21740-4735 Jeffrey A. Cline
Telephone/TDD: 240-313-2200 William B. McKinley
Fax: 240-313-2201
Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200
Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting. Notice is given that the Board of County
Commissioners of Washington County, Maryland will meet in closed session to discuss personnel matters, to consult with counsel, to
obtain legal advice, and to discuss businesses moving into the county from outside the state in accordance with Section 10-508 State
Government Article, Annotated Code of Maryland.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: PUBLIC HEARING - Agricultural Preservation District Applications
PRESENTATION DATE: April 29, 2014
PRESENTATION BY: Eric Seifarth and Chris Boggs
RECOMMENDED MOTION: Move to approve the enclosed 10 year term County
Agricultural Land Preservation Districts.
REPORT-IN-BRIEF: On January 13, 2009 the BOC voted to continue with ten year
District Agreements so as to maintain the tax credit program, and as a means of landowners
showing a commitment to agriculture while waiting for funding for an easement sale.
DISCUSSION: If approved the enclosed applicants will be restricted to agricultural use
only for a period of ten years. In exchange the landowners will not pay county property tax on
their agricultural land or buildings and they will receive a credit of up to $711 on their farm
house.
FISCAL IMPACT: The cost of tax credits for these properties for the ten year period equal
about $11/acre/year for a total of about $54,650 for the full 10 year period for 496.82 acres. This
will be in the form of property taxes not collected.
CONCURRENCES: The Agricultural Advisory Board approved the Districts and found the
applications to be consistent with the Comprehensive Plan.
ALTERNATIVES: Deny any of the pending 10 year Districts.
ATTACHMENTS: Pending District Properties, District Fact Sheet.
AUDIO/VISUAL TO BE USED: PDF map with district locations
2 | Page AGENDA REPORT FORM
3 | Page AGENDA REPORT FORM
Barnes
Bragunier
Worthington
Benton
Proposed Ag Districts
®
0 4 8 12Miles
WARNING!: This map is for internal use by the Washington County Planning Department. It is not forgeneral distribution to the public, and should not be scaled or copied. Sources of the data contained hereonare from various public agencies which may have use restrictions and disclaimers
The parcel lines shown on this map are derived from a variety of sources which have their own accuracystandards. The parcel lines are approximate and for informational purposes ONLY. They are not guaranteedby Washington County Maryland or the Maryland Department of Assessments and Taxations to be free oferrors including errors of omission, commission, positional accuracy or any attributes associated with realproperty. They shall not be copied, reproduced or scaled in any way without the express prior writtenapproval of Washington County Maryland Planning and Zoning Department. This data DOES NOT replacean accurate survey by a licensed professional and information shall be verified using the relevant deeds,plats and other recorded legal documents by the user.
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Printed: Monday, March 10, 2014
Printed by: cboggs
Agricultural Preservation
District
Site Location
Application No: AD-13-001
Applicant: Jeffrey & Kathy Barnes Location: 14655 Maple Ridge Rd., Hancock,21750
Tax Map(s): 4
Grid: 24
Parcel: 22, 23, 145
Election District: 05
Deed References: 1257/561
Acres: 83.56
Planning Sector(s):
Water and Sewer Classification:
No Planned Water or Sewer Service
“201” Facilities Plan:
Does not lie within the borders of a 201 Facilities
Planned Service Area.
Soils in acres
Class I: 0.00 Class II: 8.29
Class III: 16.10 Class IV: 2.03
Class V: 0.00 Class VI: 1.98
Class VII: 0.00 Woods 1: 0.00
Woods 2: 0.00
Agricultural Preservation
District
Site Location
Application No: AD-13-002
Applicant: Benton, Dorothy N. Location: 8778 Jordan Road, Fairplay, MD 21733
Tax Map(s): 61
Grid: 24
Parcel: 6
Election District: 12
Deed References: 521/1
Acres: 201.5
Planning Sector(s): 2
Water and Sewer Classification:
No Planned Water or Sewer Service
“201” Facilities Plan:
Does not lie within the borders of a 201 Facilities
Planned Service Area.
Soils in acres
Class I: 5.37 Class II: 63.13
Class III: 54.16 Class IV: 37.06
Class V: 25.54 Class VI: 0
Class VII: 0 Woods 1: 9.9
Woods 2: 0 Floodplain: 34.34
Agricultural Preservation
District
Site Location
Application No: AD-14-001
Applicant: Bragunier, Charlene Location: 13128/13136 Broadfording Rd., Clear
Spring, MD 21722
Tax Map(s): 34
Grid: 4
Parcel: 11
Election District: 04
Deed References: 3830/170
Acres: 171.03
Planning Sector(s): 2
Water and Sewer Classification:
No Planned Water or Sewer Service
“201” Facilities Plan:
Does not lie within the borders of a 201 Facilities
Planned Service Area.
Soils in acres
Class I: 0.00 Class II: 89.47
Class III: 30.01 Class IV: 3.63
Class V: 0.36 Class VI: 6.64
Class VII: 0.00 Woods 1: 5.33
Woods 2: 0.00 Floodplain: 33.77
Agricultural Preservation
District
Site Location
Application No: AD-14-002
Applicant: Worthington, Lee Location: Barkdoll Road, Smithsburg, MD 21783
Tax Map(s): 13
Grid: 14
Parcel: 24
Election District: 14
Deed References: 634/362
Acres: 40.73
Planning Sector(s): 2
Water and Sewer Classification:
No Planned Water or Sewer Service
“201” Facilities Plan:
Does not lie within the borders of a 201 Facilities
Planned Service Area.
Soils in acres
Class I: 0.00 Class II: 16.82
Class III: 9.56 Class IV: 11.68
Class V: 0.00 Class VI: 0.00
Class VII: 0.00 Woods 1: 2.67
Woods 2: 0.00 Floodplain: 0.00
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Payne-Holder Rural Legacy Easement proposal
PRESENTATION DATE: April 29, 2014
PRESENTATION BY: Eric Seifarth and Chris Boggs
RECOMMENDED MOTION: Move to approve the Payne-Holder RLP Easement project,
paid for 100% by the State, in the amount of $356,896.00 for 111.53 easement acres and to adopt an
ordinance approving the easement purchase and to authorize the execution of the necessary
documentation to finalize the easement purchase.
REPORT-IN-BRIEF: Since 1998, Washington County has been awarded over $15 million
to purchase RLP easements on nearly 5,000 acres near Antietam Battlefield in the Rural Legacy
Area. RLP is a sister program to the Maryland Agricultural Land Preservation Program (MALPP),
with the exceptions of including environmental and historic features in addition to agricultural
parameters. For the purpose of establishing easement values, MALPP requires appraisals and RLP
uses an easement valuation system.
DISCUSSION: For FY 2014, Washington County was awarded RLP grants totaling $1.245
million. The Payne-Holder RLP Easement uses a part of those funds. Easement applicants were
previously ranked based on four main categories: the number of development rights available, the
quality of the land/land management (agricultural component), natural resources (environmental),
and the historic value. In addition the state prefers properties which have CREP projects and ones
which donate a portion of the easement.
FISCAL IMPACT: RLP funds are 100% State dollars, mainly from DNR Open Space funds. In
addition to the easement funds, we receive up to 3% of the easement value for administrative costs, a
mandatory 1.5% for compliance/monitoring costs, and funds to cover all of our legal/settlement
costs.
CONCURRENCES: Both the State RLP Board and the State Department of Natural Resources
(DNR) staff have approved and support our program. A final money allocation will be approved by
the State Board of Public Works.
ALTERNATIVES: If Washington County rejects State funds for RLP, the funds will be allocated
to other counties in Maryland.
ATTACHMENTS: Map, RLP Info Sheet, Ordinance
AUDIO/VISUAL TO BE USED: PDF map of the proposed easement.
Rural Legacy Program (RLP) Information
Purpose of Program: RLP seeks to protect farmland and open space which contains
significant agricultural, environmental and cultural/historic features. The Maryland
Department of Natural Resources (DNR) funds the program and protects land mainly
with the use of permanent easements. However, the Board of County Commissioners
(BOCC) of Washington County is the holder of RLP easements.
Easement Valuations: The price paid for permanent easements is determined using a
valuation worksheet. The more of the above listed features on the property, the higher the
easement values.
Priority of Properties: As with most programs of this sort, there is a chronic shortage of
funds available. Therefore, properties that are contiguous to existing permanently
protected land are given priority. Other priorities include: prime agricultural lands; prime
woodland (CREP is encouraged); land with environmental features needing protection
such as endangered species, streams, sinkholes, and properties with historic value such as
Antietam Battlefield area.
Processing of Applications: Each year, Washington County applies to DNR for RLP
funding. Negotiations then begin with landowners who have expressed interest in the
program. There are many steps until easement settlement occurs and the process takes
about a year to complete once properties are chosen for processing. After the BOCC
approves the applications, the Board of Public Works in Annapolis makes final selections
for funding.
For More Information: Contact Eric Seifarth using information in the above letterhead
or by E -mail: eseifarth@washco-md.net
I:LandPreservation/RuralLegacy/basicinformation.doc
ORDINANCE NO. ORD-2014-___
AN ORDINANCE TO APPROVE THE PURCHASE OF A CONSERVATION
EASEMENT UNDER THE MARYLAND RURAL LEGACY PROGRAM
(Re: Payne-Holder Conservation Easement)
RECITALS
1. The Maryland Rural Legacy Program ("RLP") provides the funding necessary to
protect large, contiguous tracts of land and other strategic areas from sprawl development and
to enhance natural resource, agricultural, forestry and environmental protection through
cooperative efforts among State and local governments.
2. Protection is provided through the acquisition of easements and fee estates from
willing landowners and the supporting activities of Rural Legacy Sponsors and local
governments.
3. For FY 2014, Washington County (the "County") was awarded RLP grants
totaling $1.245 million dollars (the "RLP Funds").
4. Thomas Holder and Mary Holder, husband and wife, and Jeffrey A. Payne and
Krista L. Payne, husband and wife, (collectively, the "Property Owner") are the fee simple
owners of real property consisting of 111.53 acres, more or less, (the "Property") in Washington
County, Maryland. The Property is more particularly described on Exhibit A attached hereto.
5. The County has agreed to pay the sum of approximately THREE HUNDRED FIFTY-
SIX THOUSAND EIGHT HUNDRED NINETY-SIX DOLLARS ($356,896.00), which is a portion of the
RLP Funds, to the Property Owner for a Deed of Conservation Easement on the Property (the
"Payne-Holder Conservation Easement").
THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington
County, Maryland that the purchase of a conservation easement on the Property be approved
and that the President of the Board and the County Clerk be and are hereby authorized and
directed to execute and attest, respectively, all such documents for and on behalf of the County
relating to the purchase of the Payne-Holder Conservation Easement.
ADOPTED this 29th day of April, 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
__________________________ BY:
Vicki C. Lumm, Clerk Terry L. Baker, President
Approved as to legal sufficiency:
Mail to:
_____________________________ Office of the County Attorney
John M. Martirano 100 W. Washington Street
County Attorney Hagerstown, MD 21740
EXHIBIT A--DESCRIPTION OF EASEMENT AREA
7032 Monroe Road, Boonsboro, MD 21713
All that parcel of land situate along the west side of Monroe Road approximately 0.7 miles
northward from its intersection with Shepherdstown Pike (MD Route 32) in Election District
No. 19, Washington County, Maryland and being more particularly described as follows:
Beginning at the beginning point of a the deed from Iris M. Matheson to Thomas Holder and
Mary Holder, husband and wife, Jeffrey A. Payne and Krista L. Payne, husband and wife,
Christopher R. Deckert, Sr. and Pamela S. Deckert, husband and wife, dated November 3, 1999
and recorded in Liber 1535, folio 299 among the Land Records of Washington County,
Maryland, thence running with the outline of said deed and along lands now or formerly of
Agape Properties, Inc. (Liber 3363, folio 629) S88°52'47"W 1,068.53 feet to a point, thence along
lands now or formerly of Gene H. Hoover (Liber 806, folio 464) S88°05'16"W 623.47 feet to a
point, thence N06°04'17"E 2,149.20 feet to a point, thence S70°58'40"E 10.09 feet to a point, thence
N06°32'36"E 823.92 feet to a point, thence N06°07'06"E 454.09 feet to a point, thence along lands
now or formerly of Christopher R. Deckert, Sr. S60°28'45"E 452.98 feet to a point, thence
S67°47'40"E 1,252.48 feet to a point, thence S09°49'49"W 775.51 feet to a point, thence S58°30'59"E
815.21 feet to a point, thence N66°39'19"E 29.14 feet to a point, thence N28°58'24"E 689.25 feet to
a point, thence N46°19'57"E 17.93 feet to a point, thence S66°32'45"E 7.60 feet to a point, thence
N46°19'57"E 27.13 feet to a point, thence N66°32'45"W 7.60 feet to a point, thence along lands
now or formerly of Tracy E. Thomas (Liber 1562, folio 951) N46°19'57"E 191.50 feet to a point,
thence N74°11'45"E 15.14 feet to a point, thence N74°11'45"E 237.07 feet to a point in the western
margin of Monroe Road, thence with said margin S27°51'41"E 35.00 feet to a point, thence
leaving Monroe Road and running along lands now or formerly of Joseph L. Griffith (Liber
1290, folio 903) S76°13'34"W 253.92 feet to a point, thence S46°19'57"W 226.05 feet to a point,
thence along lands now or formerly of Griffith Farm II, LLC (Liber 3878, folio 1) S28°58'24"W
735.40 feet to a point, thence N58°30'59"W 854.20 feet to a point, thence S16°31'38"W 449.79 feet
to a point, thence S01°05'52"E 1,446.68 feet to the place of beginning; CONTAINING 111.53
acres of land more or less;
Said lands being the all of the lands conveyed by Thomas Holder and Mary Holder, husband
and wife, Jeffrey A. Payne and Krista L. Payne, husband and wife, Christopher R. Deckert, Sr.
and Pamela S. Deckert, husband and wife to Thomas Holder and Mary Holder, husband and
wife, Jeffrey A. Payne and Krista L. Payne, husband and wife, by deed dated January 7, 2004
and recorded in Liber 2245, folio 471 among the Land Records of Washington County,
Maryland together with the lands conveyed by Tracy E. Thomas and Brenda L. Thomas,
husband and wife to Thomas Holder and Mary Holder, husband and wife and Jeffrey A. Payne
and Krista L. Payne, husband and wife by deed dated January 7, 2004 and recorded in Liber
2245, folio 478 among the Land Records of Washington County, Maryland.
I:\Documents\Planning\Holder-Payne RLP Easement\ORD\Ordinance.docx
MONROE RDPayne Holder Rural Legacy Easement
®
0 0.055 0.11 0.165Miles
WARNING!: This map is for internal use by the Washington County Planning Department. It is not forgeneral distribution to the public, and should not be scaled or copied. Sources of the data contained hereonare from various public agencies which may have use restrictions and disclaimers
The parcel lines shown on this map are derived from a variety of sources which have their own accuracystandards. The parcel lines are approximate and for informational purposes ONLY. They are not guaranteedby Washington County Maryland or the Maryland Department of Assessments and Taxations to be free oferrors including errors of omission, commission, positional accuracy or any attributes associated with realproperty. They shall not be copied, reproduced or scaled in any way without the express prior writtenapproval of Washington County Maryland Planning and Zoning Department. This data DOES NOT replacean accurate survey by a licensed professional and information shall be verified using the relevant deeds,plats and other recorded legal documents by the user.
0 230 460 690 920 1,150Feet
Printed: Tuesday, April 22, 2014
Printed by: cboggs
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: 11th Annual Museum Ramble of the Washington County Association of Museums
and Historical Sites
PRESENTATION DATE: April 29, 2014
PRESENTATION BY: Mr. William Knode, president of the Washington County Association
of Museums and Historical Sites, and Ms. Rachel B.K. Nichols, representative of the
Hagerstown-Washington County Convention and Visitors Bureau
RECOMMENDATIONS: To have the BOCC recognize the importance of museums in
Washington County (with more than 30 museums, Washington County has more than 10-percent
of the state’s total), especially important during the first week of May, which is National Travel
& Tourism Week; to celebrate the 11th Annual Museum Ramble in Washington County;
REPORT-IN-BRIEF: The CVB, as part of its ongoing sponsorship of the Washington County
Association of Museums and Historical Sites (WCAMHS), has once again developed a county-
wide museum ramble; the 11th annual. Even though National Travel & Tourism recognition only
lasts the first week of May, due to the amazing number of museums and historical sites in the
county (40 in all), the association has decided to expand this year’s event to the entire month of
May! The county will be broken into four different regions in order to encourage people to visit
more locations than ever before during the entire month. With an additional four sites, a newly
designed Ramble brochure (credit to Icon Graphics) will list the 27 museums and historic sites
participating in this year’s Ramble. Some sites will be offering special “Ramble Rewards,” such
as buy one, get one free entry fees, to all who stop in during Ramble month. In addition, some
sites will collect drawing entry forms for more substantial prizes. While supplies last, visitors
may also get the free “Got History? Got Art?” bracelets available at each location. WCAMHS
and the Hagerstown-Washington County Convention and Visitors Bureau are sponsoring the
Ramble, which features some sites that are rarely open to the public. Brochures, maps and
directions can be obtained at the Downtown Visitor Welcome Center, 6 North Potomac Street,
Hagerstown.
DISCUSSION: WCAMHS and the CVB urge everyone to participate in the 11th Annual
Washington County Museum Ramble, and we look forward to seeing the County Commissioners
at various locations in the county! The Ramble has its own special web site:
http://museumramble.marylandmemories.org, which includes all the information in the brochure
plus a Google map feature for ease in reaching each site. Also, the Museum Association has a
special website: www.marylandmemories.org/museum. Both are donated by the CVB; museums
attract visitors to Washington County.
2 | Page AGENDA REPORT FORM
FISCAL IMPACT: n/a
CONCURRENCES: n/a
ALTERNATIVES: n/a
ATTACHMENTS: Ramble Brochure and Bracelets will be presented at the BOCC meeting.
AUDIO/VISUAL TO BE USED: n/a
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Amendment to Rider Jet Center, Fixed Base Operation (FBO) Land Lease
PRESENTATION DATE: Tuesday April 29, 2014
PRESENTATION BY: Phil Ridenour, Airport Director
RECOMMENDED MOTION: To approve the Rider Jet Center Land Lease Amendment to
include an additional 4,423 feet of land @ $ .25 sq. ft. and to approve the demolition of a 20’ x
33’ section of T-Hangar # 5 to better accommodate vehicle traffic at the new Rider Jet Center
FBO.
REPORT-IN-BRIEF: As construction began on the new FBO facility it was discovered
that the vehicle movement area was very close to the South end of Hangar 5. To provide and
safer flow of vehicle traffic, we are recommending the Mr. Rider be allowed to demolish a 20’ x
33’ section of T-hangar at his expense and to increase his land lease by 4,423 square feet. Mr.
Rider would pay the fair market value of $ .25 per sq. ft. on the additional sq. ft. of land.
DISCUSSION: As a result of the demolition of the section of Hangar 5, one tenant
will be relocated into a hangar that Mr. Rider has vacated so there will be no displacement of T-
Hangar tenants as a result of this project.
FISCAL IMPACT: None
CONCURRENCES: Airport Advisory Commission
ALTERNATIVES: Deny the demolition of T-Hangar #5 and maintain the existing land
lease thus creating a possible hazardous condition for vehicle traffic on the civilian side of the
new Rider Jet Center FBO.
ATTACHMENTS: Land Lease Exhibit and Demolition Exhibit
AUDIO/VISUAL TO BE USED: None
Existing Land Lease – 51,099 sq ft
Land lease amendment request – 55,522 sq ft
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Modification of Water and Sewer Rates for FY2015
Modification of Certain Landfill User Fees FY2015
PRESENTATION DATE: April 29, 2014
PRESENTATION BY: Julie A. Pippel; Director, Division of Environmental Management
RECOMMENDED MOTION: Move to adopt the proposed water and sewer rate schedule
for FY2015 and the proposed new discounted landfill user fee for FY2015 as presented at the
public hearing.
REPORT-IN-BRIEF: On April 8, 2014, the Commissioners held a public hearing and
heard public testimony on the proposed water and sewer rate schedule for FY2015 and the
proposed new discounted landfill user fee for FY2015.
DISCUSSION: Water and Sewer revenue requirements show that an increase in water and
sewer revenue is necessary to facilitate the Department of Water Quality’s long term financial
plans. The proposed increase for the average water system customer quarterly bill using 12,000
gallons is 2.9% or $4.38 and the proposed increase for the average sewer system customer
quarterly bill using 12,000 gallons is 3.5% or $4.80.
A discounted rate of $45.00/ton for large haulers bringing in 1,000 tons or more per year of
general refuse/municipal solid waste (with contract) is being proposed to the schedule of landfill
user fees for FY2015.
FISCAL IMPACT:
CONCURRENCES: Gregory B. Murray; County Administrator
Julie A. Pippel; Director, Division of Environmental Management
ALTERNATIVES:
ATTACHMENTS: Summary of Proposed Schedule of Utility Rates for FY 2015
AUDIO/VISUAL TO BE USED: None required