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HomeMy WebLinkAbout041109 November 9, 2004 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 1:00 p.m. by President Gregory I. Snook with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commission Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – NOVEMBER 2, 2004 Motion made by Commissioner Munson, seconded by Kercheval, to approve the minutes of November 2, 2004. Unanimously approved. COMMENTS ON MELLOTT QUARRY REZONING APPLICATION Mr. & Mrs. Rhett Eklund appeared before the Commissioners to request that the Commissioners postpone the public hearing on rezoning application RZ-04-008 made by H.B. Mellott Estates, Inc., which is scheduled for November 15. Mr. Eklund stated that the residents in the area feel that this is a complex issue and would like to have it postponed until after the holidays to allow them time to research the issues involved in the case. The Commissioners discussed the request and expressed concerns about a postponement since the case has been duly advertised and all procedures followed. John Martirano, Deputy County Attorney, outlined possible options for their consideration. It was the consensus of the Commissioners to proceed with the hearing as scheduled but they agreed to consider continuing the public hearing and resuming on a future date to allow additional public testimony and Applicant comment. REACH SHELTER BUILDING PROJECT Terri Baker, Executive Director of REACH, and Tom Newell, Vice President of the REACH Board of Directors, met with the Commissioners to request financial assistance in completion of the REACH Cold Weather Shelter for the Homeless. Mr. Newell reviewed the programs sponsored by REACH, which include a 24- hour crisis intervention hotline, cold weather shelter for the homeless, and the Faith in Action program. Mr. Newell informed the Commissioners that they have raised over $500,000 of the $750,000 needed to complete the project. He explained that the new shelter would provide a stable, central location for the homeless to access the services they need to make the transition to permanent housing. He also informed the Commissioners that REACH has applied for a grant from the Maryland Affordable Housing Trust to complete the shelter. Mr. Newell requested a $50,000 grant from the County to leverage the State grant funding. He indicated that they would also be requesting the City of Hagerstown to match this contribution. The Commissioners discussed the request and agreed to consider it. Commissioner Snook thanked Mr. Newell and Ms. Baker for the presentation. APPROVAL - MARYLAND TRANSIT ADMINISTRATION GRANT AGREEMENTS Motion made by Commissioner Munson, seconded by Nipps, to approve the following grant agreements with the Maryland Transit Administration (MTA) for the Washington County Transportation Department: 1) FY 2004 Small Urban Area Public Transportation Operating Grant Agreement for $538,000 in federal and state funds to assist the County in providing transportation services under MTA’s public transportation program; 2) FY 2004 Subscription Employment Transportation Grant of up to $49,470 to assist in providing transportation service under MTA’s Job Access and Reverse Commute program; 3) FY 2005 Job Access and Reverse Commute Program grant agreement for a $52,750 grant to Washington County to assist in providing transportation services under with local funding to be provided by the Washington County Department of Social Services; 4) FY 2005 Americans with Disability Act (ADA) Assistance Grant Agreement for $188,100 to provide transportation services to persons with disabilities in Washington County; 5) FY 2005 Statewide Special Transportation Assistance Program (SSTAP) Operating Assistance Grant for seventy-five percent of the approved net project cost or ; $146,917, whichever is less and 6) FY 2005 capital grant agreement with the Maryland Department of Transportation for 90% of the actual net project cost or $480,600, NOVEMBER 9, 2004 PAGE TWO whichever is less, to assist with the purchase of three small buses with lifts and a service vehicle to assist with relocation transfer point and certain facility renovations. Unanimously approved. SHORT- AND LONG TERM FISCAL MANAGEMENT POLICY AND REVENUE POLICY Debra Bastian, Director of Finance, reviewed the Short- and Long-Term Fiscal Management Policy and the Revenue Policy for their consideration. Ms. Bastian stated that the objective for the Short- and Long-Term Fiscal Management Policy is to provide financial monitoring and control. Ms. Bastian explained that the Revenue Policy would aid the County in guiding the provision of public services and help ensure financial stability regardless of economic fluctuations. She stated that the Policy addresses diversification, stabilization, estimates, user fees, taxes, rate models, ratio analysis, non-recurring revenues, and other related issues. The meeting was then opened for questions and discussion on the Policy. Motion made by Commissioner Wivell, seconded by Kercheval, to adopt the Short- and Long-Term Fiscal Management Policy and the Revenue Policy as amended by the County Commissioners. Unanimously approved. TEXT AMENDMENT WS-04-003 – TOWN OF BOONSBORO (WATER & SEWERAGE PLAN) Tim Lung, Senior Planner, reviewed rezoning text amendment WS- 04-003, which was heard at a public hearing held on September 20, 2004. The proposed amendments is to include in the text of Chapter Four, Existing and Planned Sewerage Systems, updated information concerning proposed upgrades to and expansion of the Boonsboro wastewater treatment plant. Mr. Lung stated that the Planning Commission recommended approval of the text amendment. The meeting was then opened for further discussion and questions. Commissioner Wivell indicated that he would abstain from the vote since he did not attend the public hearing when this application was heard. Motion by Commissioner Nipps, seconded by Munson, to approve Text Amendment WS-04-003, as presented at a joint public hearing held September 20, 2004. Motion carried with Commissioners Nipps, Kercheval, Munson, and Snook voting “AYE” and Commissioner Wivell “ABSTAINING.” TEXT AMENDMENT WS-04-004 – TOWN OF FUNKSTOWN (WATER & SEWERAGE PLAN) Tim Lung, Senior Planner, reviewed rezoning text amendment WS- 04-004, submitted by the Town of Funkstown, which was heard at a public hearing held on September 20, 2004. The proposed amendments would include updated information concerning the Town’s plans to replace its existing lagoon- style wastewater treatment plant with a new sequencing batch reactor-style treatment plant and increase the treatment capacity from 0.15 mgd to 0.20 mgd. The meeting was then opened for further discussion and questions. Commissioner Kercheval expressed his concerns that if this amendment were approved, it would preclude the Town from hooking onto the City or County’s system. Commissioner Snook noted that the State offered an incentive to the Town to hook up to either of the larger systems instead of replacing its existing plant. The Commissioners also discussed nitrogen- loading limits. They agreed that they would like to have additional dialogue with representatives from the Town of Funkstown before making a decision. It was the consensus to delay the issue until the December 7 meeting and directed staff to notify the Town that they would like to meet with them regarding the proposed amendment. TEXT AMENDMENT RZ-04-007 – OUTDOOR ADVERTISING SIGNS Jill Baker, Associate Planner, reviewed zoning text amendment RZ-04-007, which was heard at the public hearing held on September 20, 2004. Ms. Baker stated that the Planning Commission is recommending approval of the proposed amendments to Articles 11, 12, 13, 14, 17, 18, 19A, 21, 22, and 28 of the Zoning Ordinance. She then reviewed the modifications made by staff and the Planning Commission following the public hearing. Amendments relate to how existing signs will be dealt with under the new NOVEMBER 9, 2004 PAGE THREE Ordinance, size criteria, orientation, height, and illumination. The meeting was then opened for questions and discussion. The Commissioners agreed to vote on this text amendment next week after the revisions have been made and the ordinance drafted for their review. COMPREHENSIVE RURAL AREA REZONING – DISCUSSIONS ON EQUITY ISSUES Michael Thompson, Director of the Planning Department, and Eric Seifarth, Rural Preservation Administrator, met with the Commissioners to continue discussions on the equity issues associated with the Rural Area Rezoning proposed for the Agricultural, Environmental Conservation and Preservation Districts. The Commissioners reviewed the methods being proposed by Commissioner Kercheval and Commissioner Wivell. Commissioner Wivell explained that his proposal would accomplish two objectives - preserving agricultural land and compensation for equity by allowing landowners to buy back densities for land preservation at twice the price it would cost per acre to preserve the land. Commissioner Wivell explained that this would preserve agricultural land at a 2:1 ratio. Commissioner Wivell stated that he had been a proponent of transferable development rights (TDR) programs but felt that, with the high rate of failure, a simpler process should be implemented. The meeting was then opened for questions and discussion. Commissioner Kercheval stated that he is concerned that this proposal would not preserve the large blocks of land that a TDR plan would. Commissioner Kercheval outlined the details of using a TDR plan. He also discussed the possibility of capping the number of lots to be developed per year in rural areas due to water and septic concerns or limiting amounts in certain developments. Commissioner Kercheval stated that Montgomery County has a TDR program in place that has been successful. Commissioner Snook expressed concerns that property owners would accept the concept of having increased density in a “receiving area.” Commissioner Kercheval stated that the County could approve requests for parcels to be given TDRs as receiving areas based on criteria such as size, zoning, quality of parcel, soil types, and proximity to existing easements, current use, and development pressure. He suggested that if they choose to do so, the County could pay a landowner a partial fee per TDR for a partial easement until the landowner sells a TDR. The TDR owner would still have lot exemptions to provide lots to family members. All of the remaining rural parcels without TDRs would become “receiving areas,” thus having the ability to purchase TDRs to increase density. The Commissioners discussed the current preservation programs in place with Mr. Seifarth and the priority list used to purchase easements. Mr. Seifarth informed the Commissioners that that the County currently has real estate transfer tax funds and agricultural transfer tax available to purchase agricultural easements. The Commissioners directed Mr. Seifarth to develop a list of priorities for purchasing preservation easements in order to leverage the money from State. EPA/MDE – EARLY ACTION PLAN FINDINGS Michael Thompson, Director of Planning, informed the Commissioners that the representatives from the Maryland Department of the Environment informed him that it does not look promising that the EPA would include Washington County in its non-attainment area for ozone standards. The Commissioners authorized Mr. Thompson to draft a letter on their behalf to Maryland Congressional Delegation to request their assistance in this matter. LEGISLATIVE PROPOSALS - 2005 SESSION OF THE GENERAL ASSEMBLY Richard Douglas, County Attorney, distributed a list of items suggested by various County Commissioners and staff for the 2005 legislative agenda. Mr. Douglas stated that the Board has not approved the list. He asked them to review the items and determine which of the attached suggestions they would like him to pursue. 1)Recommendations for salary increases for the Sheriff, Board of Education, and substitute members of the Board of Election Supervisors. The Commissioners agreed to proceed with this request. NOVEMBER 9, 2004 PAGE FOUR Amend the Salary Study Commission statute to provide a replacement for the now-defunct Washington County Taxpayers Association and for recommendations as to the salaries of the County Commissioners to be sent directly from the Commission to the Delegation. 2)Support the Court’s request for a fifth Circuit Court judge. 3)Building Excise Tax Revision – accelerated the lifting of the ceiling on building excise tax limitation from 2008 to 2005 to increase revenues for school construction. The Commissioners also discussed the collection of the 2% administrative fee by municipalities and asked that it be clarified that, payment of a higher percentage fee requested is contingent upon submission of proper documentation and prior approval from the Commissioners. 4)Clarify the County’s authority to regulate weeds and provide for the imposition of liens to pay for the cost of county weed control when the property owner fails to comply with the requirements of the ordinance. The Commissioners supported the request. 5)Transfer of the Agricultural Center property to the County. 6)Clarify the authority to charge violations of the Animal Control Ordinance as municipal infractions. 7)Provide for criminal enforcement of the Animal Control Ordinance. 8)Provide additional flexibility in the County purchasing law by allowing procurement by negotiation in certain circumstances, among others. 9)Support legislation to clarify the provisions of the New Jobs Tax Credit law (“Miller bill”) as to the base value on which the credits are to be computed. 10)Clarify the regulatory authority of the Electrical Board. 11)Authorization to employ more than one county attorney. The Commissioners did not support this request. County Administrator Rodney Shoop proposed that all counties be afforded the additional 180 days to file their required annual financial reports to the state that was given to the five counties with over 400,000 population in a 2002 amendment to the statute governing such reports. In questions from the Commissioners, Shoop responded that County staff had no real problem in meeting the deadline imposed by the law, but stated that it was a question of fairness. The Commissioners agreed that all counties should be treated the same regardless of size, but also agreed that the reports should be filed by the existing statutory deadline. Thus, the Commissioners agreed to recommend to the Delegation that the statute be returned to its pre-2002 form, requiring all counties to file their annual financial reports at the same time, with no 180-day delay for large counties. This would be an amendment of statewide application to reverse an amendment presumably sought three years ago by the delegations of the three largest counties. Commissioner Wivell asked Mr. Douglas to determine if legislative authority is needed to implement a TDR or IPA program to purchase agricultural land. He stated that, if the sale of Fort Ritchie were finalized, there would be no need for the PenMar Development Corporation and suggested getting legislative authority to have the group abolished when the transaction is complete. The Commissioners asked Mr. Douglas to provide more detailed information and background information on each request when they are provided to the Delegation. He responded that that is the usual process. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Kercheval, to adjourn at 4:50 p.m. , County Administrator , County Attorney ____________________, County Clerk