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HomeMy WebLinkAbout041214 December 13, 2004 Hagerstown, MD 21740 CONTINUATION OF JOINT PUBLIC HEARING – REZONING CASE RZ-04-008 (H.B. MELLOTT ESTATES, INC.) A continuation of the joint public hearing of the Board of County Commissioners of Washington County and the Washington County Planning Commission was convened in the Kepler Theater at Hagerstown Community College at 7:00 p.m. to hear testimony and receive evidence in rezoning case RZ-04-008. Presiding at the hearing were County Commissioners President Gregory I. Snook and Planning Commission Chair Donald Ardinger. Also present at the hearing were County Commissioners William J. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps and Planning Commission members Terry Reiber, Benjamin Clopper, Bernie Moser, Linda Parrish, and George Anikis. After the testimony was submitted, time was given for the applicant’s rebuttal. Commissioner Snook announced that the public record would be closed following tonight’s hearing; however, the County will accept the submission of legal memoranda by January 15. The public hearing was adjourned at 11:15 p.m. __________________________, County Administrator , County Attorney ___________ , Clerk December 14, 2004 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:45 a.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 Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – DECEMBER 7, 2004 Motion made by Commissioner Wivell, seconded by Kercheval, to approve the minutes of December 7, 2004, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval distributed information on the Westfields Development. He stated that the City tentatively approved an Interim School Impact Policy at its December 7 meeting and scheduled it for final approval on December 14. The Commissioners agreed to send a letter to the City to publicly thank them for this action. Commissioner Kercheval informed the Commissioners that he attended the Chamber of Commerce Task Force meeting on Downtown Revitalization. He reported that a recent article in the Baltimore Sun stated that the Bush administration would be allocating additional funding to communities to address homelessness. Commissioner Wivell reported on the meetings of the PenMar Development Corporation and Water Quality Advisory Commission. He provided an update on the status of the Public Service Commission case. Commissioner Munson asked about the status of the vehicle policy. Gary Rohrer, Director of Public Works, provided an update and stated that he feels that the departments have already trimmed costs as much as possible. Commissioner Nipps reported on the meetings of the Community Action Council Board, Historic District Commission, and Commission for Women. She informed the Commissioners that the Commission for Women is again sponsoring an essay contest in honor of Women’s History Month. The theme this year is “Women in the Arts.” Commissioner Nipps stated that she also attended the C-Safe luncheon and the Homebuilders Christmas dinner. DECEMBER 14, 2004 PAGE TWO Commissioner Snook informed the Commissioners that the Western Maryland Consortium received the highest performance ratings in the State last year. He stated that he received notification that the Department of Assessments & Taxation would be reassessing 18,000 properties in Washington County in December. Commissioner Snook reported that he visited the Broadfording Road Bridge and asked Mr. Rohrer to provide an update on the contractor’s schedule. He stated that the Transportation Advisory Committee would be sending out a letter regarding the possible reconfiguration of Knepper Road. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, stated that he and Mike Thompson, Director of Planning, met with the current Leadership Hagerstown class to discuss growth issues and the impact of growth in the County. Dave Hankinson, Director of Human Resources, informed the Commissioners that the Kaizen event in the Planning Department would begin this week and reviewed the members of the team. Commissioner Kercheval suggested that they include someone on the team from the development community. After discussion, it was decided to delay it until after the first of the year in order to appoint a representative from the development community to the team. Motion made by Commissioner Nipps, seconded by Munson, to approve advertising to hire a Master Electrician and Collections and Distribution Operator Trainee in the Water Quality Department and a Maintenance Equipment Operator I in the Highway Department to fill existing vacancies. Unanimously approved. BID AWARD – TERMINAL APRON MODIFICATIONS – HAGERSTOWN REGIONAL AIRPORT Motion made by Commissioner Nipps, seconded by Kercheval, to award the contract for terminal apron modifications at the Hagerstown Regional Airport – Richard A. Henson Field to P & W Excavating, Inc., which submitted the lowest responsive, responsible base bid of $1,083,648.75, and Alternate #2 for $71,587.50. The project will be funded through FAA Grant 32 and Grant 28. Unanimously approved. CENTURY FARM PROGRAM AWARD Eric Seifarth, Land Preservation Planner, appeared before the Commissioners to provide information regarding the Century Farm Program Award. Mr. Seifarth explained that this is a State program that recognizes farms that have been owned by the same family for 100 or more consecutive years. He stated that Austin and Joanne Flook, along with their son Dwayne, are the third and fourth generation owners of Felfoot Farm and the State recognized them with the Century Farm Award. He stated that Felfoot Farm was originally acquired in 1898 and was formally recorded by deed in 1904. The farm is in an Agricultural Preservation District and the Flooks have sold a permanent Rural Legacy Easement. Mr. Seifarth provided information on the history of the farm dating back to a land grant in 1737. Commissioner Snook presented Austin, Dwayne, and Logan Flook with a sign and a certificate from the State of Maryland acknowledging them as a Century Farm Award winner. 60/40 MATCH COMMITMENT FOR AGRICULTURAL LAND PRESERVATION FUNDING The Commissioners discussed the County’s 40% funding commitment to the 60/40 matching program with the Maryland Agricultural Land Preservation Program. Mr. Seifarth recommended that the Commissioners commit $667,000 for the 40 percent match for the fiscal year 2005 cycle. He reviewed the match analysis for FY 2005 and explained how it was calculated. Mr. Seifarth informed the Commissioners that the Agricultural Transfer Tax Fund currently has a balance of $846,072. Motion made by Commissioner Munson, seconded by Wivell, to commit up to $667,000 as Washington County’s match for the 60/40 Match Program through the Maryland Agricultural Land Preservation Program for fiscal year 2005. Unanimously approved. DECEMBER 14, 2004 PAGE THREE LOCAL AGRICULTURAL PRESERVATION FUND EXPENDITURES Mr. Seifarth presented three options for the Commissioners’ consideration for the purchase of agricultural land preservation easements. He stated that the Agricultural Land Preservation Board is recommending that the Commissioners utilize all State and Federal funds for easement purchases and then meet with the Commissioners to sdetermine how to expend the remaining local funds. Mr. Seifarth estimated that $900,000 in State and Federal funding would be designated for Washington County easements. With the local match of $667,000 from the 60/40 match portion of the program, at least $2,155,000 of county funds would be available to purchase additional easements. Mr. Seifarth stated that the exact appraisal numbers from the State would not be available until early 2005. The meeting was then opened for discussion on the recommendation. Mr. Seifarth reviewed the following options that the Agricultural Land Preservation Advisory Board will be evaluating over next several months: 1) Buy approximately 1,000 acres in 1 year (traditional); 2) Mandate installment payments and purchase all 2,375 acres; 3) Use State and County agricultural transfer tax to pay easements 100%. The Commissioners also discussed using ag preservation portion of the real estate transfer tax to make installment payments for up to 10 years. After discussion, the Commissioners endorsed Option 3. PRESENTATION OF HISTORIC PRESERVATION AWARD – BRENT & JULIE STINAR Commissioner Nipps presented the 2004 Historic Preservation Award to Brent and Julie Stinar in recognition of the contributions they have made to historic preservation in Washington County. Preston Law, Chair of the Historical Advisory Committee, stated that Mr. and Mrs. Stinar were selected for the award for their restoration of the historic Noah Rohrbach house in Sharpsburg. Mr. And Mrs. Stinar thanked the Commissioners for the award and provided information on the house and their restoration efforts. INTEGRATION OF THE COUNTY’S EARLY ACTION COMPACT FOR OZONE INTO THE STATE IMPLEMENTATION PLAN Jill Baker, Planner, introduced Randy Moser from the Maryland Department of the Environment. Mr. Moser requested that the Commissioners approve the integration of the County’s Early Action Compact (EAC) for Ozone into the State Implementation Plan (SIP). Mr. Moser informed the Commissioners that the County’s EAC was submitted to the EPA in March 2004 for review. The next step, according to the guidelines set by the Environmental Protection Agency (EPA), is to integrate the EAC into the SIP in order to legalize the document. Mr. Moser stated that a public hearing was held on December 8, 2004, and no one appeared to testify either in favor of or against the document. Motion made by Commissioner Kercheval, seconded by Nipps, to integrate Washington County’s Early Action Compact into the State Implementation Plan. Unanimously approved. CITIZENS’ PARTICIPATION Roger Worthington commended the Commissioners for the time they spent at the continuation hearing last night regarding the Mellott rezoning case (RZ-04-008). He stated that he is sure that they will make the right decision for the people of Washington County. REAPPOINTMENTS – EMERGENCY SERVICES ADVISORY COUNCIL Motion made by Commissioner Munson, seconded by Wivell, to reappoint Jason Baer and Wayne Williams to the Emergency Services Advisory Council for three-year terms. Unanimously approved. APPOINTMENTS – PUBLIC GOLF CORPORATION Motion made by Commissioner Kercheval, seconded by Nipps, to appoint Charles Pessagno and Ronald VanReenen to the Board of Directors of the Public Golf Corporation for three-year terms. Unanimously approved. RE/APPOINTMENTS – RECREATION & PARKS BOARD Motion made by Commissioner Nipps, seconded by Kercheval, to reappoint Albert Deal, Edward Masood, and William Sterner (ex officio) to the DECEMBER 14, 2004 PAGE FOUR Recreation & Parks Board for three-year terms and to appoint David Barr and Angela Kershner for two-year terms. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, stated that he feels the Board should be involved with the staff in developing the initial goals for 2005 and that he would schedule a work session in early January. He informed the Commissioners that the County was over its quota for the Red Cross blood drive held on November 29. Mr. Shoop reminded the Commissioners of the County Administration Building Christmas luncheon scheduled for tomorrow. He stated that he received a letter from Associated Builders & Contractors requesting that the Board oppose the “Best Value” legislation being proposed. He discussed the details of the meeting scheduled with the Washington County Delegation to the General Assembly on Thursday. PROPERTY ACQUISITION – HAGERSTOWN REGIONAL AIRPORT Motion made by Commissioner Nipps, seconded by Kercheval, to approve the acquisition of property owned by Donald Foster at 14229 Maugansville Road for the total price of $169,800 for land needed for the Runway Protection Zone for Runway 9 with the conditions as presented. The FAA has approved the settlement and agreed to fund the acquisition and relocation process. The County’s portion would be 2½ percent. Unanimously approved. RECESS – COMMUNITY ACTION COUNCIL LUNCHEON AND CHRISTMAS CAROLING The Commissioners recessed at 11:16 a.m. to join County employees in singing Christmas carols in front of the County Administration Building and to attend the annual legislative luncheon at the Community Action Council. AFTERNOON SESSION The afternoon session was called to order at 1:15 p.m. by President Gregory I. Snook, with the following members present: Vice President William J. Wivell and Commissioners James Kercheval, John Munson, and Doris Nipps. ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) TRANSPORTATION FEES Tim Troxell, Executive Director of the Economic Development Commission (EDC), met with the Commissioners to request that they approve modifications to the APFO transportation fees to create a fee schedule based on the type of employment offered by new development projects. Mr. Troxell indicated that recent development projects have revealed the difficulty in predetermining APFO transportation fees for commercial/industrial projects. He reviewed the decimal multipliers for the basic industry types that were presented to the Board previously for their consideration: warehouse/distribution center (.75), industrial/manufacturing (.5), and commercial/retail – a sliding scale based on type of traffic – projects under 50,000 s.f. (.33), projects between 50,001 – 100,000 s.f. (.66), and projects in excess of 100,000 s.f. (1.0). He stated that the Commissioners previously approved fees for residential development and office use. The Commissioners discussed the recommendations. Commissioner Kercheval stated that he feels the fees could make some projects unworkable and gave examples of incidents where one-third of the total project cost would be attributable to fees. Gary Rohrer, Director of Public Works, recommended that the Board consider projects on a case-by-case basis based on the traffic impact. They also discussed capping the square footage cost for each category. Commissioner Wivell suggested either eliminating the charge for non-residential customers or charging for site- specific costs and trip generation using the average traffic counts capped at a specific amount per square foot. Commissioner Kercheval gave examples of past projects which show that the discounted fees were higher per square foot than residential. Also discussed was development of an economic development incentive that would exclude certain projects from the fee if the company were offering wages that are one and one- half times the average county wage. MTroxell agreed to have the EDC Committee review and develop an economic development credit policy based on the items discussed today. He stated DECEMBER 14, 2004 PAGE FIVE that he would then bring it back for the Commissioners’ review and approval. REZONING MAP AMENDMENT RZ-04-001 (PERINI INDUSTRIAL LAND, LLC) Richard Douglas, County Attorney, reviewed map amendment RZ-04- 001, submitted by Perini Industrial Land, LLC, to rezone the subject property from RS-Residential Suburban to HI-1 – Highway Interchange 1. Mr. Douglas stated that the Planning Commission recommended granting the rezoning. The Commissioners discussed the application, and Mr. Douglas indicated that he would develop the findings of fact for the Commissioners in order to vote on the application at next week’s meeting. The Commissioners discussed setback/easement requirements and asked that a 75-foot setback with adequate buffering be required as a condition of the rezoning. DISCUSSION OF 2005 LEGISLATIVE REQUESTS Richard Douglas, County Attorney, reviewed the list of general and legislative requests discussed for submittal to the Washington County Delegation to the General Assembly for the 2005 legislative session. Mr. Douglas stated that the list was revised following the discussion at the November 9 meeting. He asked the Commissioners to indicate which items they wish to support. Sheriff Mades met with the Commissioners to ask that they consider requesting legislation on residential and commercial burglar alarms. He stated that some type of system is needed to hold the owner responsible for invalid calls, and indicated that an exorbitant amount of time is taken in responding to false alarms. Lt. Randy Wilkinson informed the Board that the Sheriff’s Department responded to over 3,200 false alarms last year, which resulted in a misuse of resources. He provided them with examples of ordinances dealing with this problem adopted by other counties in Maryland. The Commissioners agreed to support the request and will advise the Delegation that the County is working to develop a policy to provide to them when it is complete. The staff will then assemble the necessary support documentation for presentation to the Delegation. The Commissioners then discussed the following funding requests and legislative agenda items. Legislative requests: 1)Accelerate the lifting of the ceiling of $1 per square foot building excise tax rate from the present July 1, 2008 to July 1, 2005, to allow the Board to reduce or eliminate fees charged pursuant to the Adequate Public Facilities Ordinance (APFO), which would then be used primarily or solely to control and direct growth to assure that public facilities are adequate to serve new development. 2)Present the Salary Study Commission’s recommendations for salary increases for the Sheriff, Board of Education, and substitute members of the Board of Election Supervisors. 3)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. 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. 5)Clarify the County’s authority to charge violations of the Animal Control Ordinance as municipal infractions. 6)Provide for criminal enforcement of the Animal Control Ordinance. 7)Provide additional flexibility in the County purchasing law by allowing procurement by negotiation in certain emergency circumstances, among others. 8)Clarify the regulatory authority of the Electrical Board. DECEMBER 14, 2004 PAGE SIX General Requests: 9)Dissolve the PenMar Development Corporation and distribute its assets once the former Fort Ritchie Army base is sold and all of the property has been transferred. It was the consensus of the Commissioners to remove this item from the requests. 10)Support the Court’s request for a fifth Circuit Court judge. 11)Support legislation to clarify the provisions of the New Jobs Tax Credit law as to the base value on which the credits are to be computed. 12)Support the transfer of the Agricultural Center property to the County. 13) Support operations budget for the University Systems of Maryland. The Commissioners discussed whether the excise tax should be implemented as a flat fee or on a per square foot basis. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Wivell, to convene in closed session at 3:11 p.m. to consult with counsel to obtain legal advice and consider matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State, in accordance with Section 10- 508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. (Commissioners Kercheval and Nipps were excused from the meeting at 3:15 p.m.) RECONVENE IN OPEN SESSION Motion made by Commissioner Wivell, seconded by Munson, to reconvene in open session at 3:45 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on one (1) matter and considered matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present at various times were Rodney M. Shoop, County Administrator; Richard Douglas, County Attorney; John Martirano, Deputy County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Michael Thompson, Director of Planning; and Tim Troxell, Executive Director of the Economic Development Commission. ADJOURNMENT Motion made by Commissioner Munson, seconded by Wivell, to adjourn at 3:45 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk