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HomeMy WebLinkAbout050607 June 6, 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: 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 – May 24, 2005 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the minutes of May 24, 2005, as amended. Unanimously approved COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval reported on the Planning Commission meeting held Monday evening. Due to the extensive number of cases, the meeting started one hour earlier. He stated that the 2 + 2 Committee met last week and the City sewer allocation plan was discussed. The County asked that the languare on term limits on the interconnector agreement be revised. The County’s allocation of flow out of the interconnector be revised, and I & I credits to developers outside the corporate boundaries to be considered on a case by case basis with Council approval. Commissioner Kercheval asked Commissioner Munson to ask the Solid Waste Advisory Commission to consider giving a senior discount to individuals that are disabled. In recognition of Memorial Day, Commissioner Kercheval offered his thanks to those with relatives that that have or are serving in the military. Commissioner Wivell reported on a meeting regarding the proposed Pen Mar water system. Attending the Sharpsburg Memorial Day parade and the swearing in ceremony for the new City of Hagerstown Mayor and Council. He stated that he also attended the Ag preservation Board meeting, where equity issues were discussed and Greg Murray presented the capacity management plan. Commissioner Wivell also attended a meeting at the Sheriff’s Dept. regarding central dispatch. Commissioner Nipps reported on the Historic District Commission meeting. he Ridenour Farm has been approved for the National Historical Register. Admar Homes, developing property in Maugansville, submitted an application to demolish a barn, which was denied. Admar Homes also indicated they would apply for a permit to demolish a house. The house is eligible for status on the National Historic Register andeven though it was not under consideration, the Historic District Commission recommended that they not apply for a permit to demolish the house. She also attended the Community Action Council volunteer dinner and the Parks and Recreation Board meeting last week. Commissioner Nipps distributed an updated list of activities to be held at the Ag Center. She also explained that the Parks and Recreation Board is continuing to look at the feasibility of County community center with an indoor/outdoor pool. A needs assessment survey has been distributed for feedback from the community. Commissioner Nipps also expressed her extreme distress that the Marty Snook Park pool has been broken into four (4) times in recent days and the Little League stand has been demolished by vandals. This vandalism not only destroys these facilities, it is a tremendous cost to make the repairs. Commissioner Snook distributed an article from the Frederick News Post regarding tax relief for the Commissioners’ use and information. He also distributed a letter from William Blum outlining priorities for supplemental maintenance funds requested from the County for third quarter adjustments, which will be discussed later today. Commissioner Snook asked the Commissioners to consider a request from the Town of Hancock in the amount of $2,145 to reprint 25,000 brochures for the Western Maryland Rail Trail. The Commissioners approved the request from the hotel rental tax or the Commissioners’ contingency. Commissioner Snook reported on attending an Eggs & Issues meeting and a stadium JUNE 6, 2005 PAGE TWO project meeting, both held by the Chamber of Commerce. He also attended the Chamber’s Board meeting yesterday and pointed out their new monthly newsletter. Commissioner Snook also indicated that the Chamber is working on a new logo for the Downtown Task Force as well as working with the City to relocate the bus station at the square. Commissioner Snook explained that Tom Riford, Director of the Convention and Visitors Bureau, discussed a movie production that is in town and estimates spending at $200,000 for hotel rooms. Mr. Riford also reported that 70% of the movie budget is being spent in Washington County. Commissioner Snook explained that the Commissioners will receive an invitation to attend a conference of all Board of Education superintendents from across Maryland. The conference is scheduled for September and will be held here in Hagerstown. Commissioner Snook reminded the Commissioners to review and comment on the additional information provided for the Leadership Maryland program. REPORTS FROM STAFF In Dave Hankinson’s absence, Public Works Director, Gary W. Rohrer, P.E., requested permission to fill a vacant Motor Equipment Operator I position at the Highway Department. The position is budgeted. A motion to approve advertising the vacancy was made by Commissioner Kercheval and seconded by Commissioner Nipps. Unanimously approved. Mr. Rohrer also reported that bids will be opened on Wednesday for the pavement maintenance project and bids will also be opened for the Gossard Mill Road bridge rehabilitation project. The Commissioners will be receiving a memorandum updating them on the I-81 project improvement study. Mr. Rohrer also suggested providing the Commissioners with a presentation at some point. Stephanie Stone, Community Partnership Director, reported that the Local Management Board of Directors is requesting approval of new officers. A motion by Commissioner Kercheval, seconded by Wivell to approve officers: Chair, Millie Lowman; Vice Chair, David Engle; Secretary, Melissa Sibley, and Treasurer, Paul Pittman. Unanimously approved. Mike Thompson, Director of Planning, introduced Derek Myers, who is an intern in the Planning office this summer. Mr. Myers worked for the City of Hagerstown last year. He is from Hagerstown and attends WVU. The Commissioners welcomed Mr. Myers. Mr. Thompson also reported on a meeting recently held in Gettysburg regarding planning issues in neighboring jurisdictions. PUBLIC HEARING – PROPOSED AMENDMENTS TO THE SOLID WASTE COLLECTION LICENSING ORDINANCE The Commissioners conducted a public hearing to consider proposed amendments to the Solid Waste Collection Licensing Ordinance. Some wording and technical changes have been incorporated into Section 1 to bring the Ordinance up to date. Section 2 changes licensing requirements and establishes the Washington County Health Department as the permitting and enforcement agency for proposed burning. Section 3 changes the listing of materials since the rubble fill is no longer operational. The Commissioners discussed the open burning policy and its placement within the Solid Waste Management Plan. Commissioner Snook suggested reviewing the provisions in the next six (6) months to see how it is working. The record shall remain open for a period of ten (10) days before adoption.Commissioner Snook stated that, as advertised, this is a public hearing for amendments to the Solid Waste Collection Ordinance. All major changes have been identified. No one was present to make a comment. Commissioner Snook closed public comments and the record shall remain open for a period of ten (10) days before adoption. WORK SESSION TO DISCUSS WORKFORCE HOUSING TASK FORCE The Commissioners discussed appointments to a task force relative to workforce housing. At their April 12, 2005 meeting the Commissioners JUNE 6, 2005 PAGE THREE agreed that the task force analyze and study the impact of the Washington County property tax on the availability of workforce housing, analyze and study the anticipated impact of the Washington County building excise tax on workforce housing, and consider various means of encouraging the development of workforce housing in the county, including the use of:  Tax credits  In-fill development  Inclusionary zoning  Moderately priced dwelling units  Bonus density for workforce housing  Tiered tax rates  Tax rebates  “Fair share” excise tax as developed in Charles County by Chapter 586 of the Acts of 2002 Commissioner Snook indicated that the October 1 deadline my have to be reconsidered, given the study to be undertaken. The Commissioners reviewed and revised the list of potential members. The following list of sixteen (16) members is proposed: Joan McLernon, Pen-Mar Regional Association of Realtors; Barbara J. Spielman, Hagerstown Home Store; Martin Brubaker, City of Hagerstown; Richard Willson, as Chair, Washington County Housing Authority; Taylor Oliver, Home Builders Association; Chuck Wagaman, Maryland Municipal League; Sherry Brown Cooper, Habitat for Humanity; George Anikis, Washington County Planning Commission; Ted Shankle, Hagerstown Housing Authority; Mark Harrell, Hagerstown Trust Company; Bill Pennington, County Commissioner appointee; Debi Turpin, County Commissioner appointee; Richard Phoebus, County Commissioner appointee; Alan Levin, Chamber of Commerce; James D. Lobley, Hagerstown- Washington County Economic Development Commission; and David Jordan, Community Action Council. The Commissioners will further review this matter at their meeting on June 14, 2005. CITIZENS’ PARTICIPATION Carroll Earp asked the Commissioners to have the fence at the entrance to the Black Rock Golf Course repaired as well as the major hole in the barn that faces the golf course. He indicated that the American flag on the side of the barn should be replaced. Commissioner Kercheval indicated he would ask the Golf Board to repair the fence and replace the flag. It is estimated that the hole in the barn would cost $15-20,000 to repair, which is not a budgeted item at this time. Tom Berry indicated that several weeks ago he inquired about the Commissioners’ deliberation on downzoning. Commissioner Snook indicated a work session is scheduled for June 14. Mr. Berry also asked about compensation to landowners relative to rural area rezoning. James Devine Asked the Commissioners for assistance regarding a matter with the zoning inspector and a violation. RUNWAY 9/27 LAND ACQUISITION Phil Ridenour outlined the easements and rights-of-way to be acquired and indicated that settlement is based on FAA approval. Motion made by Commissioner Nipps, seconded by Kercheval to approve an administrative settlement of $31,000 to Dellaposta Properties, LLC for a partial take of 2,584 sq.ft. as a fee- simple purchase, 5,265 sq.ft. as temporary construction easement and 3,485 sq.ft. utility easement; and approve an administrative settlement of $91,770 to Enos and Loretta Rudolph for a fee simple partial take of 2.69 acres off Paradise Church Road with the condition that the twenty-five year lease be revised to a five-year lease with an option of extension. Motion carried with Commissioners Kercheval, Nipps, Munson and Snook voting “AYE”. Commissioner Wivell was not present at the time of the vote. RECESS - TOUR HAGERSTOWN REGIONAL AIRPORT RUNWAY IMPROVEMENTS SITE VISIT AND TERMINAL IMPROVEMENTS DEDICATION JUNE 6, 2005 PAGE FOUR The Commissioners recessed at 10:45 in order to visit the Runway Improvement Program site and dedicate the recently completed terminal improvements at the Hagerstown Regional Airport. AFTERNOON SESSION The afternoon session was called to order at 1:36 p.m. by President Gregory I. Snook, with the following members present: Commissioners Wivell, Kercheval, Munson and Nipps. THIRD QUARTER ADJUSTMENTS TO BOARD OF EDUCATION’S FY2005 GENERAL FUND BUDGET Chris South, Director of Budget and Finance for the Washington County Board of Education was present to discuss third quarter adjustments to the Board of Education FY05 General Fund Budget. Mr. South explained the various adjustments resulting in an overall adjustment of $437,975. The Commissioners discussed the various adjustments including wiring projects at Smithsburg and gym floor replacement at North High. Commissioner Snook also asked that consideration be given to raising the capitalization policy to $1500. Motion to approve the adjustments as outlined made by Commissioner Nipps, seconded by Kercheval. Motion carried with Commissioners Kercheval, Nipps, Munson and Snook voting “AYE” and Commissioner Wivell voting “NO”. AMENDMENTS TO JOB TAX CREDITS ORDINANCE County Attorney, Richard Douglas, explained the amendments in the existing Job Tax Credits Ordinance are to clarify an ambiguity that appears in the enabling law as to the assessment on which the tax credits are to be computed. The enabling law is contained in Maryland Code, Tax Property Article, Section 9-230 and is also known as the “Miller Bill.” These amendments clarify that the tax credits are to be computed on the “base real property tax assessment” prior to the construction of “new or expanded premises.” Motion to approve the Ordinance as presented made by Commissioner Wivell, seconded by Nipps. Unanimously approved. Commissioner Kercheval indicated his “AYE“ vote as he stepped out of the room. PUBLIC HEARING – FORD DRIVE PROGRESS, CDBG PROJECT MD-01-ED-72 Commissioner Snook opened the public hearing required to receive grant funding from the Maryland Department of Business and Economic Development for financing assistance for construction costs of Ford Drive in Hancock, Maryland. Joe Kuhna, Real Property Administrator, explained that we are required to conduct two public hearings in order to utilize state block grant monies; one hearing at the initial stage and the second hearing during the course of the project. The project is being completed in several phases and it is anticipated that the completion of the road portion of the project will be by the end of June. The bridge structure is to be completed and reopened in the fall, which will then service Rayloc. No one was present to comment. SALE OF SURPLUS PROPERTY Joe Kuhna requested that the Commissioners approve the sale of the former juvenile detention center on Jonathan Street, which is now vacant due to the State’s construction of a new facility. The property was advertised and one bid in the amount of $31,000 was received. The property is zoned C-3 and has a 30 x 50 block building with a lot 11,400 square feet in size. The property also has 31 feet of frontage on Church Street with off street parking. Adjacent property owners and the City of Hagerstown are not interested in the property. The Commissioners requested that Mr. Kuhna readvertise the sale of this real estate. BUILDING EXCISE TAX ORDINANCE Richard Douglas, County Attorney, presented a draft of a proposed amended version of the Ordinance. The City of Hagerstown is also in the process of drafting its own building excise tax ordinance as it pertains to collection of the building excise tax and retention of a portion of it is attributable to roads and other capital expenditures. Kathleen Maher, Planning Director, was also present to answer questions. JUNE 6, 2005 PAGE FIVE The Commissioners discussed various items within the ordinance including rates for residential versus non-residential properties; the size of the revitalization zone;tiered rates as per Section 3; and determining maximum ranges (not to exceed) in residential multi-family units. The Commissioners agreed that appeals, per Section 5, should go to the County Administrator and then to Circuit Court. The Commissioners asked that the definition of a school be clarified and that it exempt Hagerstown Community College. However the Commissioners agreed that hospital facilities are not to be exempt. The Commissioners agreed that a definition should be provided for median household income and that the proposed task force should make a recommendation. The Commissioners agreed to wait for the appointed task force to complete their study on workforce housing and hear their recommendations on any credits or exemptions on the excise tax. Any credits approved by the Commissioners would be made retroactive to July 1 or the date the ordinance is enacted and refunds given to those that qualified for the credits who paid the tax. Mr. Douglas will make the various revisions to the Ordinance for the Commissioners to review. CITY OF HAGERSTOWN ANNEXATION REQUEST The Commissioners are asked to grant “express approval” to a proposal for a City of Hagerstown annexation request known as A05-02 the Light annexation, which is involves a use inconsistent with the County’s Comprehensive Plan. The property is located off Eastern Blvd. with a total of nineteen (19) commercial lots with primary access from Cameo Drive. Attorney for the applicant, Jason Divelbiss, explained that the request is for a commercial zoning designation of C-2 which is consistent with current zoning. C-2 zoning does not allow for big box retail. The property has a thirty (30) foot building setback line. A ten (10) foot landscaping buffer is also required. A public hearing is scheduled for June 21. A motion to grant express approval to the City of Hagerstown annexation request A05-02 known as the Light annexation made by Commissioner Wivell, seconded by Munson. Motion carried with Commissioners Nipps, Munson, Wivell and Snook voting “AYE” and Commissioner Kercheval voting “NO”. MARYLAND HORSE PARK REQUEST FOR NOMINATION OF REAL PROPERTY Robert Mandley, Project Coordinator, explained that the Maryland Stadium Authority has invited counties and municipalities to nominate real property to be the site for a proposed Maryland Horse Park. The proposed site would require between 500 and 1200 contiguous acres. August 1 is the deadline for to respond to the invitation. Mr. Mandley indicated that the Washington County Agricultural Center site is the largest parcel with 55 acres of developed property and an additional 450 acres, which is held by the University of Maryland. There is some privately owned property in the Downsville area, but not one large contiguous property. The Commissioners questioned what the proposed costs may be to the County. Commissioner Snook acknowledged the time commitment by the staff to pursue the request. The Commissioners concurred that the staff should respond to the request for proposal by the State and evaluate suitable property within the County for the project. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 4:00 pm to discuss a personnel matter that affects one or more specific individuals; discuss public security, because the public body determined that public discussion would constitute a risk to the public or to public security, including the deployment of police services and staff; before a contract is awarded or bids are opened, discuss a matter directly related to a negotiating strategy or the contents of a bid or proposal, because public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process; and consult with counsel to obtain legal JUNE 6, 2005 PAGE SIX advice; all in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion by Commissioner Wivell and seconded by Kercheval to reconvene in open session at 4:20 p.m. Unanimously approved. Motion made by Commissioner Munson, seconded by Nipps to award purchase of an Armored SWAT Truck to Lenco Industries, Inc. of Pittsfield, MA in the amount of $201,282. Unanimously approved. Motion made by Commissioner Nipps, seconded by Munson to hire Mark Stransky as Plan Reviewer, Washington County Engineering Department, to fill an existing vacancy and permission to advertise Mr. Stransky’s position of Stormwater Management and Utility Coordinator. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel issue, and considered one (1) matter directly related to the contents of a bid or proposal. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, John C. Munson, Doris J. Nipps and James F. Kercheval. Also present at various times were Rodney Shoop, County Administrator; Richard Douglas, County Attorney; John Martirano, County Attorney; Julie Nichols, Executive Assistant; Karen Luther, Purchasing Agent; Sgt. Mark Knight, Sheriff’s Department; Sgt. Mark Holtzman; Lt. Mike King and Acting Chief of Police Charlie Summers. ADJOURNMENT The meeting was adjourned at 5:00 p.m. , County Administrator , County Attorney ___________________________, County Clerk