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HomeMy WebLinkAbout050517 May 17, 2005 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:30 a.m. by President Gregory I. Snook with the following members present: 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 – MAY 10, 2005 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the minutes of May 10, 2005, as amended. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employee Rick Grove (Water Quality Department). The Commissioners welcomed Mr. Grove and wished him well in his new position. COMMISSIONERS’ REPORTS & COMMENTS Commissioner Munson stated that he feels the Commissioners should attempt to lower the County’s real property tax rate to the constant yield rate. He also cited other possible ways the County might be able to save money. Commissioner Nipps informed the Commissioners that she spoke at the Hagerstown Community College commencement ceremony. She reported on the Leadership Maryland retreat which was held at Rocky Gap last week. Commissioner Kercheval reported on the meetings of the Economic Development Commission and Public Golf Corporation Board. He reminded the County Administrator that he would like staff to develop an orientation program for the newly elected City officials. Commissioner Kercheval stated that he appreciated the work of the existing City Council and wished them the best. He stated that he met with a gentleman from Waynesboro, Pennsylvania, who volunteered to be a part of a railroad feasibility study group. Commissioner Kercheval indicated that the Greater Hagerstown Committee might want to reinstitute semi- annual meetings between the Commissioners and the Executive Board. Commissioner Snook informed the Commissioners that The Assembly, a group of leaders from the central Mason-Dixon counties, would be holding a summit in Gettysburg, Pennsylvania on May 26 to discuss growth issues. He reported on the Emergency Services Advisory Council meeting and stated that they would like to increase the size of the board from 7 to 9 members. Commissioner Snook noted that there is an article about the SouthernLiving Rohrersville Band in magazine. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, stated that they were recently informed that there are over $90 million in Federal Homeland Security grants for projects such as the radio communications project. The City is submitting an application for grant funding for the entire project. Mr. Rohrer stated that the Smithsburg Library project has been bid. He also informed the Commissioners that the Boonsboro Branch Library project is moving along nicely. Mr. Rohrer indicated that he met with Delegate Myers and the Sheriff to review the central booking project. He stated that he attended the American Public Works Administrators conference last week. Mr. Rohrer provided an update on the Broadfording Road Bridge project. He also informed the Commissioners that the public information meeting for Community Development Block Grant assistance for hook up costs to the PenMar water system is scheduled for May 25 at Lakeside Hall. Stephanie Stone, Director of the Community Partnership for Children and Youth, provided an update on the Teen Pregnancy Prevention Grant and the survey that was taken last week at the Valley Mall. Mike Thompson, Director of Planning & Community Development, reported on the status of the Solid Waste Plan. He stated that copies of the Land Preservation and Park Plan are available in the Planning Department. MAY 17, 2005 PAGE TWO APPROVAL TO FILL EMERGENCY COMMUNICATIONS SPECIALIST Motion made by Commissioner Kercheval, seconded by Nipps, to approve the request to fill the vacant Emergency Communications Specialist vacancy at the 911 Center. Unanimously approved. HIGHWAY ADEQUACY POLICY UPDATE Gary Rohrer, Director of Public Works, and Terry McGee, Chief Engineer, met with the Commissioners to review the update of the Highway Adequacy Policy. Mr. Rohrer stated that on February 22, 2005, the Commissioners adopted staff recommendations for revisions to the Policy with the exception of Section III.F.3 – Pavement Condition. He informed the Commissioners that the staff met with interested parties in two work sessions and reached consensus to address the deficiencies in existing pavement conditions and what would be expected of developers in addressing these APFO responsibilities. Mr. Rohrer indicated that several suggestions were incorporated into the revisions and that the staff has developed a simplified approach to assessing existing pavement conditions on a case-by-case basis. Mr. McGee then reviewed the recommendations on pavement condition. The meeting was then opened for comments and questions from the Commissioners. Motion made by Commissioner Munson, seconded by Nipps, to adopt the revisions to Section III.F.3 – Pavement Condition into the Highway Adequacy Policy, as recommended by staff. Unanimously approved. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) – PEN MAR WATER PROJECT Dave Jordan, Director of Community Action Council (CAC), and Cathy Saxman, Director of CAC’s Housing Program, stated that a resolution from the Commissioners is needed in order to submit the grant application to provide assistance to connect to the PenMar water system. Mr. Jordan stated that the application is due by May 23. Ms. Saxman indicated that they received a 67% response rate from the survey and that an estimated 40 individuals would qualify for grant funding. The meeting was then opened for questions from the Commissioners. Motion made by Commissioner Nipps, seconded by Munson, to approve the submission of the CDBG grant application to the State with the condition that it be rescinded if there is extreme opposition to it at the public information meeting on May 23, 2005. Unanimously approved. AGRICULTURAL PRESERVATION EASEMENT PROGRAM Eric Seifarth, Land Preservation Planner, met with the Commissioners to discuss the agricultural preservation easement program. He reviewed the funding programs that are available for land preservation. Mr. Seifarth recommended that the Commissioners implement an Installment Payment Program (IPP) using funds from the real estate transfer tax to purchase agricultural land easements. The IPP funds would be used after the 60/40 match easement is exhausted. He stated that this would allow the County to purchase as many as 11 additional easements by utilizing $400,000 of the real estate transfer tax. Mr. Seifarth explained that annual payments equal to 10% of the easement value would be made over a ten-year period. He stated that the Agricultural Land Preservation Advisory Board would be meeting on June 1 to discuss this as well as other issues. The meeting was then opened for questions from the Commissioners. The Commissioners thanked Mr. Seifarth for his presentation. JOINT PUBLIC HEARING - MODIFICATION OF CHARGES, RENTALS, AND FEES – HAGERSTOWN REGIONAL AIRPORT A joint public hearing of the Board of County Commissioners and the Hagerstown Regional Airport Advisory Commission was convened at 10:00 a.m. to hear testimony regarding the proposed increase in current charges, rentals and fees at the Airport. Also present at the hearing were Airport Advisory Commission members Spence Perry, Tom Henderson, Gordon Crabb, and Anton Dahbura. Carolyn Motz, Airport Manager, and Mr. Perry reviewed the proposed rates and charges. The meeting was then opened for public comment. There was no one present who wished to comment. The hearing was closed at 10:10 a.m. MAY 17, 2005 PAGE THREE Motion made by Commissioner Nipps, seconded by Munson, to approve the FY 2006 proposed rates and charges for the Hagerstown Regional Airport, as outlined, to become effective July 1, 2005. Unanimously approved. (A copy of the adopted rates is attached.) COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners that the public meeting regarding broadband telecommunications would be held on May 18 at the Kepler Theater. CITIZENS’ PARTICIPATION Priscilla Harsh, President of the Washington County Farm Bureau; David Herbst, Agricultural Land Preservation Advisory Board; Tom Berry, Citizens for the Protection of Rights; and Henrietta Livelsberger, Citizens for the Protection of Washington County, appeared before the Commissioners regarding the comprehensive rezoning of the rural areas. Ms. Harsh read a prepared statement that the proposal would not preserve agriculture and would cause loss of equity for farmers and rural landowners. The groups are requesting that the proposed plan and text be modified to address and correct the above concerns. Martin Brubaker expressed his concerns that the County is not preserving farmland at a fast enough rate. He stated that there should be a professional review and distributed copies of his thoughts on unexplored solutions to this issue. Steve Oder stated that he sent a message to the Commissioners via e-mail regarding Adequate Public Facilities Ordinance agreements. Debi Turpin, Executive Director of the Homebuilders Association, stated that she was approached by builders to ask that the Commissioners consider giving the option to individuals who own a single lot to make the excise tax fee payable after the first draw rather than at the permit stage. ADOPTION OF BUILDING EXCISE TAX TRANSITION POLICY Richard Douglas, County Attorney, outlined the proposed transition policy for the building excise tax that was revised in accordance with discussions at the May 10 meeting. Mr. Douglas explained that the policy would determine the application of the tax and cover applications for permits filed after July 1, 2005. Applications filed in proper form and accepted for filing prior to July 1, would be exempted in accordance with the policies of the County. He stated that those who have paid fees or posted acceptable security under the Adequate Public Facilities Ordinance would be granted a credit in the amount paid or secured toward the amount of the tax that would otherwise be due. The Commissioners discussed treatment of existing APFO agreements and whether they could be rescinded by mutual agreement after review. The Commissioners agreed that they would also discuss Ms. Turpin’s proposal in more detail. Motion made by Commissioner Kercheval, seconded by Munson, to adopt the Building Excise Tax Transition Policy as outlined, to become effective July 1, 2005. Unanimously approved. (A copy of the approved resolution is attached.) PUBLIC HEARING – ACQUISITION OF REAL PROPERTY The Commissioners convened a public hearing at 11:01 a.m. in order to hear public testimony regarding the acquisition of 0.87 acres of land owned by Thomas Brewer, which is located at 11804 Partridge Trail. Joe Kuhna, Real Property Administrator, stated that it has been determined that the property is needed for the Robinwood Drive relocation project. The consideration to be paid for this parcel is $280,000. The meeting was then opened for public comment. Tom Brewer, property owner, spoke in support of the proposal. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the recommendation to purchase 0.87 acres of land, which is located at 11804 Partridge Trail, owned by Thomas Brewer, for the consideration of MAY 17, 2005 PAGE FOUR $280,000. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE” and Commissioner Munson voting “NO.” PROPOSED EXCISE TAX MATRIX FOR NONRESIDENTIAL CONSTRUCTION PROJECTS Doug Wright, Chair of the Economic Development Commission (EDC), and Tim Troxell, Executive Director of the EDC, met with the Commissioners to discuss a variable tax structure for non- residential construction projects. Mr. Wright stated that a task force that included representatives of the EDC, Greater Hagerstown Committee, and Chamber of Commerce was formed to review how the new excise tax legislation could affect nonresidential construction. The task force developed an excise tax matrix that they feel is feasible but would still be attractive for new businesses. He then reviewed the proposed matrix for nonresidential construction based on square footage. Mr. Wright explained that the square footage rates proposed in the matrix are based on uses for retail, industrial, warehouse/ distribution, office, and hotel/motel classifications. He also provided recommendations from the task force for the Commissioners’ consideration. The meeting was then opened for questions and discussion from the Commissioners. The Board agreed to take the fees and recommendations under consideration. They also asked the staff to make some recommendations on the areas exempted. RECESS – LUNCH The Commissioners recessed at 11:52 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:13 p.m. by President Gregory I. Snook, with the following members present: Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. WASTEWATER INFRASTRUCTURE CAPACITY MANAGEMENT PLANS Greg Murray, Director of the Water Quality Department, met with the Commissioners to review the proposed long-term sewer capacity available by service area and the potential use of available capacity. The capacity requested would be allocated according to established Capacity Management Plans. Mr. Murray indicated that it is necessary to identify the capacity that is available due to regulatory constraints and general infrastructure management needs. Mr. Murray outlined the available allocation in the Urban Growth Area (UGA) surrounding the City of Hagerstown and the potential needs for use of the allocation for new commercial development that has been submitted for approval. He reviewed a table showing the four-year average daily flows at all wastewater treatment facilities in Washington County. Mr. Murray provided the flow expectations based on a four percent growth rate to each facility to the year 2020. He also explained the “bubble concept” and the difference it would provide in the calculations. Mr. Murray stated that, reviewing all capacity calculations, a grand total of 59,720 equivalent dwelling units (EDUs) are required for future planned calculation. He stated that there is a net deficit of 35,000-40,000 available EDUs, so the focus would have to be on where to channel growth and whether to allocate the EDUs for commercial or residential development. Mr. Murray indicated that additional capacity could be picked up from inflow and infiltration remediation. He also reviewed the City capacity needs, the City’s Draft Sewer Capacity Allocation Program, and the Capacity Management Plan. Mr. Murray stated that if they allocate capacity requests according to the established Capacity Management Plan, there are 40 EDUs remaining until July. There are 28 EDUs currently needed for new commercial development, leaving 13 remaining EDUs. He indicated that he has requests for another 17 EDUs and asked if they want to allocate the additional 28 now followed by the 17 EDUs in the next six months. Motion made by Commissioner Kercheval, seconded Munson, to approve the recommendation to approve 28 EDUs for the projects outlined. Unanimously approved. MAY 17, 2005 PAGE FIVE The Commissioners discussed whether the motion included the requests for the 17 EDUs. Commissioner Kercheval expressed some concern about approving this request. Motion made by Commissioner Munson, seconded by Nipps, to approve including the sewer allocation for the additional 17 EDUs in the next six-month period. Unanimously approved. BID RECOMMENDATION – NEWGATE INDUSTRIAL PARK INTERCEPTOR SEWER PHASE II & BUDGET TRANSFER Motion made by Commissioner Munson, seconded by Kercheval, to award the contract for the Newgate Industrial Park Interceptor Sewer Phase II to Gabe’s Services, Incorporated, the lowest responsive bidder, for Alternative B in the amount of $1,731,100, contingent upon the concurrence of the Maryland Department of the Environment and the United States Department of Agriculture Rural Development, and to approve the requested budget transfer of $400,000 from the Sewer Fund cash reserves for use in the project. Unanimously approved. ADOPTION OF DISASTER MITIGATION PLAN Motion made by Commissioner Kercheval, seconded by Munson, to adopt the Multi-Hazard Disaster Mitigation Plan as presented by staff on February 15, 2005. Unanimously approved. HOMELAND SECURITY AND LAW ENFORCEMENT TERRORISM PREVENTION GRANTS Motion made by Commissioner Munson, seconded by Kercheval, to accept a Homeland Security grant in the amount of $427,781 and a Law Enforcement Terrorism Prevention Grant in the amount of $124,683 from the Maryland Emergency Management Agency which would be used for the Public Safety Radio Project, miscellaneous emergency response equipment, and reimbursement to the General Fund for the Emergency Planner position. Unanimously approved. RADIO EQUIPMENT REIMBURSEMENT TO LOCAL VOLUNTEER FIRE & RESCUE COMPANIES Motion made by Commissioner Kercheval, seconded by Nipps, to authorize reimbursement to local fire and rescue companies for the local match needed as a condition of the federal assistance radio equipment grant. Unanimously approved. BIO-TERRORISM GRANT AWARD – MARYLAND INSTITUTE OF EMERGENCY SERVICES REGION II Motion made by Commissioner Munson, seconded by Nipps, to accept the Maryland Institute for Emergency Medical Services, Region II, Bio-Terrorism grant for $270,000 to purchase mass casualty surge capacity equipment and supplies. Unanimously approved. YOUTH OF THE MONTH AWARDS – APRIL AND MAY 2005 Commissioner Kercheval presented a Certificate of Merit to Adeline Cumpata as the April 2005 Middle School Youth of the Month and Commissioner Munson presented the April 2005 High School Youth of the Month award to Bryant Wallizer. Commissioner Nipps presented a Certificate of Merit to Thomas Willoughby as the May 2005 High School Youth of the Month and Commissioner Snook presented a Certificate of Merit to Robert Brooks as the May 2005 Middle School Youth of the Month, as recommended by the Washington County Community Partnership for Children & Families (WCCP). The Commissioners commended the students for their leadership, academic and extra-curricular activities. Commissioner Snook stated that each of the students would also receive a $100 savings bond from the WCCP. AMENDMENTS TO THE ADEQUATE PUBLIC FACILITIES ORDINANCE – ARTICLE V Mike Thompson, Director of Planning & Community Development, and Richard Douglas, County Attorney, reviewed proposed amendments to the Adequate Public Facilities Ordinance (APFO), Article V. Mr. Thompson stated that the Board of Education recommended that the County amend its APFO utilizing Frederick County’s ordinance as a model. He reviewed each proposed amendment. Section 2.2.12.1 was added and a minor amendment was suggested for Section 4.1.1. Mr. Thompson stated that Article V, Section 5.1, would allow for a determination of adequacy if there are funds for MAY 17, 2005 PAGE SIX the construction of additional seats in the area in the current year or next year of the approved Capital Improvement Program of if the Board of Education has approved a redistricting plan based on a school being constructed within the same school attendance area. After Mr. Thompson reviewed all the proposed amendments, the Commissioners made additional revisions. They agreed that they would like to review the document again prior to scheduling a public hearing. Mr. Shoop reminded the Commissioners that they need to coordinate the scheduled hearing for the APFO amendments with the adoption of the amended Excise Tax Ordinance. CONVENE IN CLOSED SESSION Motion made by Commissioner Nipps, seconded by Munson, to convene in closed session at 3:40 p.m. to discuss the appointment of an employee and members of a board over whom it has jurisdiction, discuss any personnel matter that affects one or more specific individuals, and consider matters that concern proposals for businesses 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. RECONVENE IN OPEN SESSION Motion made by Commissioner Kercheval, seconded by Munson, to reconvene in open session at 3:53 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment of an employee and members of a board over whom it has jurisdiction and considered a matter that concerned a proposal for a business to locate, expand or remain in the State. Present during closed session were Commissioners Gregory I. Snook, James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present at various times were Rodney M. Shoop, County Administrator; Joni Bittner, County Clerk; Richard Douglas, County Attorney, and John Martirano, County Attorney. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Kercheval, to adjourn at 3:53 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk