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HomeMy WebLinkAbout050927 September 27, 2005 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:00 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 County Commissioner Greg Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – SEPTEMBER 20, 2005 Motion made by Commissioner Nipps, seconded by Munson, to approve the minutes of September 20, 2005, as amended. Unanimously approved. CERTIFICATE OF MERIT – IMPLEMENTATION OF ACCELA WIRELESS The Commissioners presented Certificates of Merit to the following employees in recognition of the implementation of the Accela Wireless technology: Permits & Inspections – Angela Smith, Rob Smith, Rich Gaver, Mark Mummert, Mike Kidwell, Ed Parker, Rich Eichelberger, Gary Austin, Steve Blickenstaff, and George Miller; Information Technologies – Karen Dickie, Doug Oliver, and Mike Loudenslager; and Highway Department – Randy Smith, Daniel Jones, and Steve Bowders. Dan Divito, Director of Permits & Inspections, noted that Washington County received the Leader of the Year Award in implementing Mobile Government Solutions at the national Accela conference in San Diego. Angela Smith, Deputy Director of Permits & Inspections, provided an update on the implementation. The Commissioners congratulated the employees on this accomplishment. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson stated that he attended the meeting at Fort Ritchie regarding the water system. He stated that Corporate Offices Property Trust indicated that they were going to upgrade the system before turning it over to the County. Commissioner Munson also spoke about the proposed relocation of the Commission on Aging’s offices and stated that he would like more information before funding the move. Commissioner Nipps informed the Commissioners that she spoke at the Women’s Club meeting last week and also attended the Mid- Maryland Land Trust’s presentation. She stated that she attended the cost-of-service study for water and sewer services presented by the City of Hagerstown’s consultant. Commissioner Wivell reported on the meeting of the Agricultural Land Preservation Advisory Board. He also asked about the status of hiring a preservation consultant. He stated that he attended the public hearing held by the PenMar Development Corporation, a training session sponsored by the Washington County Volunteer Fire and Rescue Association on terrorism, and the quarterly meeting of the Maryland Municipal League. Commissioner Kercheval reported on the Hagerstown-Eastern Panhandle Metropolitan Planning Organization meeting. He informed the Commissioners that he attended the meeting of the Agricultural Land Preservation Advisory Board, the public hearing at Fort Ritchie, and the water and sewer rate study presentation. Commissioner Kercheval indicated that he met with a local developer regarding APFO issues and discussed how to enforce deed restrictions in an age-restricted development. He thanked everyone for his or her good wishes and for the gift for his new son, Luke. Commissioner Snook stated that he spoke at the Quad-State Conference last week as well as to the Retired School Administrators. He informed the Commissioners that he gave the welcoming remarks to the group attending the presentation on terrorism activities. Commissioner Snook also reported on the Transportation Advisory Commission. The Commissioners discussed scheduling the second public hearing on amendments to the Adequate Public Facilities Ordinance. They agreed to hold the hearing on Wednesday, October 12 in Court Room #1. SEPTEMBER 27, 2005 PAGE TWO REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, reminded the Commissioners that the Broadfording Road Bridge ribbon-cutting is scheduled at 5:30. He reported that the pavement management project is on schedule. Joe Kroboth, Director of Emergency Services, informed the Commissioners of a significant hazardous materials incident that occurred in Hancock last weekend. He stated that the Accela wireless system worked well and was a tremendous tool in communicating with State agencies during the incident. Mike Thompson, Director of Planning, and Eric Seifarth, Land Preservation Planner, asked for authorization to hire Grant DeHart as a consultant to help develop the transferable development rights (TDR) program. Mr. Thompson stated that Mr. DeHart’s fee would be $75 per hour. The Commissioners asked staff for additional information. Motion made by Commissioner Munson, seconded by Wivell, to support the request to hire Grant DeHart to develop the TDR program for the County at the rate of $75 per hour. Unanimously approved. APPROVAL TO HIRE PLANT OPERATOR TRAINEE – WATER QUALITY DEPARTMENT Motion made by Commissioner Nipps, seconded by Kercheval, to approve filling the Plant Operator Trainee vacancy at the Water Quality Department. Unanimously approved. APPROVE MEMBERSHIP – CODE HOME RULE TASK FORCE Rodney Shoop, County Administrator, asked the Commissioners to appoint the following individuals to the Code Home Rule Task Force as recommended by their administrative group: Joseph Kroboth, Chair; John Martirano, County Attorney; Monda Sagalkin, League of Women Voters; Brien Poffenberger, Chamber of Commerce; and Ed Zayas, Greater Hagerstown Committee. Mr. Shoop stated that the County Commissioners have two appointees and the Washington County Delegation has one. He indicated that he has not received a recommendation from the Delegation at this time. The Commissioners discussed possible candidates for appointment and agreed to approve the recommendation pending the names for additional members. Commissioner Wivell stated that he feels the group should look at the charter form and not limit their discussions to Code Home Rule. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the following individuals as members of the Code Home Rule Task Force: Joseph Kroboth, Chair; John Martirano, County Attorney; Monda Sagalkin, League of Women Voters; Brien Poffenberger, Chamber of Commerce; Ed Zayas; Mary Ellen Waltemire, County Commissioners appointee. After discussion, the Main Motion was amended to ask the Task Force to provide information on the charter form of government as well as code home rule. The Amended Motion carried with Commissioners Kercheval, Nipps, Wivell, and Snook voting “AYE” and Commissioner Munson voting “NO.” OVERVIEW OF ANTIETAM BATTLEFIELD ADVISORY COMMITTEE Nancy Kefauver, Chair of the Antietam Battlefield Advisory Committee, met with the Commissioners to provide them with a brief overview of the history of the Committee. Ms. Kefauver stated that the Committee was formed in 1993 to meet with Antietam National Battlefield representatives to provide community input and to improve communications between the Park and the local community. She then introduced the committee members who were in attendance and outlined the projects discussed by the Committee. Commissioner Snook thanked the Committee and opened the meeting for questions from Commissioners. CITIZENS’ PARTICIPATION Fay Cohen stated that she attended the public hearing held by the PenMar Development Corporation on September 22 regarding the proposed redevelopment plan for Fort Ritchie. She distributed a packet of information outlining her concerns on items regarding the redevelopment plan for the base. Ms. Cohen noted that the packet also contains a SEPTEMBER 27, 2005 PAGE THREE letter from the National Register of Historic Places that Fort Ritchie would be eligible to be placed on the list. John Himes expressed a variety of concerns including the State’s “flush tax” for those who have septic systems, increases to senior citizens on fixed incomes, the presentation by the Maryland Land Trust, and the State’s improvements to Route 340. CONVENE AS BOARD OF HEALTH – PUBLIC HEARING - PROPOSED MODIFICATION TO ENVIRONMENTAL HEALTH FEES FOR WASHINGTON COUNTY Motion made by Commissioner Munson, seconded by Nipps, to convene sitting as the Board of Health at 11:10 a.m. Unanimously approved. William Christoffel, Health Officer, and Ted Gordon, Director of the Environmental Health Division, reviewed the environmental health fee schedules and the modifications that were made following their meeting with the Commissioners on August 23, 2005. Mr. Christoffel reviewed the proposed fees and stated that the fee increases and establishment of some new fees are necessary to cover the Department’s cost of delivering services. (A list of the proposed fee increases and new fees is attached.) The Department is currently operating at a deficit of nearly $250,000 due in part to unfounded State mandates for salary increases. He also noted several reductions that were made in the fees based on comments received after the initial presentation to the Commissioners. Mr. Christoffel addressed some of the previous concerns outlined by the Commissioners and noted that non-profit organizations that do not collect revenue or payments and do not host events would not be required to pay the license fee. He stated that the proposal to institute a Noncompliant Nuisance Complaint reinspection fee was reduced to $500, which would be assessed after three visits where they refused to comply. Commissioner Snook noted that the Homebuilders Association sent a letter asking that the fees for COP sampling be phased-in over a two-year period and asked that the letter be included in the record. The fees proposed are estimated to generate an additional $250,000 per fiscal year. Mr. Christoffel stated that part of the revenues generated would fund an additional septic and well sanitarian and food sanitarian. He proposed that the remaining revenues be directed for vehicle replacement costs and filling vacancies in the nursing program. After answering questions from the Commissioners on the fees and how they will be utilized, the meeting was opened for public comment. There was no one present who wished to comment. Motion made by Commissioner Nipps, seconded by Kercheval, to adopt the proposed Environmental Health Division fees, as amended, to become effective October 1, 2005. Motion carried with Commissioners Nipps, Kercheval, and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” MARYLAND ASSOCIATION OF COUNTIES REPRESENTATIVE TOUR The Commissioners met with David Bliden, Executive Director of the Maryland Association of Counties (MACo), and Nelson Bolender, President of MACo, as part of their tour of Maryland counties. Dave Bliden distributed information on MACo initiatives accomplished during the 2005 legislative session. He stated that Washington County motivated MACo to take a stand on the State funding for public school construction. Mr. Bliden outlined the following 2006 MACo legislative session initiatives: County Budget Security, School Construction and Renovation Funding, Municipal Annexations, and Public Funds Investment Authority. He urged the Commissioners to send a letter to Governor Ehrlich requesting an additional $150,000,000 be added to the State’s $250,000,000 allocation for school construction funding for FY 2007 due to increases in construction costs. RECESS – LUNCH The Commissioners recessed at 12:01 p.m. for lunch with Mr. Bliden and Mr. Bolender. SEPTEMBER 27, 2005 PAGE FOUR AFTERNOON SESSION The afternoon session was called to order at 1:30 p.m. by Commissioner Snook with the following members present: Vice President William J. Wivell, and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. PUBLIC HEARING – AGRICULTURAL PRESERVATION INSTALLMENT PAYMENT EASEMENT PROGRAM (IPP) The Commissioners convened a public hearing at 1:30 p.m. to hear public comment regarding the Installment Payment Program (IPP) Ordinance. Eric Seifarth, Land Preservation Planner, reviewed the proposed ordinance. He reviewed the IPP program, which would be used for the purpose of accelerating land preservation easement purchases and providing an additional attractive land preservation program for the agricultural landowners. Mr. Seifarth stated that the Agricultural Land Preservation Advisory Board approved the IPP program with the condition that, while the easements are designed to be in perpetuity, an option would be available after 25 years for the landowner to buy back the development rights if profitable farming is no longer possible and the County approves the buyback. He noted that all state programs have eliminated the 25-year buyback clause and easements are now permanent. Mr. Seifarth estimated that the fiscal impact would be $5,260,948 to include the base easement cost, interest, and settlement costs for 15 easements. He explained that $4.8 million would come from the local real estate transfer tax and the remaining $460,948 from the agricultural transfer taxes. The Commissioners then opened the meeting for questions and discussion. Commissioner Kercheval suggested that, if the landowner wishes to buy back the development rights after the 25-year period, that an equivalent amount of suitable acreage must be available for an easement purchase, paid for with the proceeds the County receives from the buyback, before the buyback could be approved. The meeting was then opened for public comment. David Herbst stated that the Agricultural Land Preservation Advisory Board is unanimously in favor of the program. The hearing was closed at 1:49 p.m. The Commissioners asked that the staff and Advisory Board modify the program as discussed today to include specifications for a 25-year buyback and bring it back for final approval of language. The Commissioners also discussed Commissioner Kercheval’s proposal and agreed not to support the acreage requirement but would require that the funds be earmarked for agricultural preservation. The staff agreed to bring the revisions back for review on October 11. REZONING MAP AMENDMENT RZ-05-007 – HEIDI MACKLEY, TRUSTEE Richard Douglas, County Attorney, reviewed map amendment RZ-05- 007, submitted by Heidi Mackley, Trustee, to rezone the subject property from RU – Residential Urban to BG – Business General, which was discussed at the September 20, 2005 meeting. Mr. Douglas stated that the Planning Commission recommended that the request for rezoning be denied. Mr. Douglas explained that it was the consensus of the Commissioners that the less intense classification of BL-Business Local would be a better designation for this property. He stated that this classification was discussed with Ms. Mackley and her attorney, and they are agreeable to the BL classification for the property. The Commissioners discussed the uses allowed in BG and BL zones. Commissioner Nipps stated that consideration should be given to the City’s plan to utilize part of the property for traffic realignment at that intersection. William Wantz, attorney for the Mackleys, informed the Commissioners that the adjacent neighbors support the application. Commissioner Kercheval stated that the Commissioners support rezoning the property to BL – Business Local in order to put a less intense commercial use on the property with the stipulation that adequate buffering from adjoining properties be established, as determined by the Planning Commission. He explained that the applicant demonstrated that there was a change in the neighborhood, the Planning Commission was split in its decision to deny the requested BG zoning, the less intense use would be SEPTEMBER 27, 2005 PAGE FIVE compatible with the County’s Comprehensive Plan, and water and sewer service is available at the site. Commissioner Kercheval also indicated that there is commercial property in the vicinity of the property, the applicant adequately defined the neighborhood, the property is located within the Urban Growth Area, and there is adequate road infrastructure. Motion made by Commissioner Kercheval, seconded by Munson, that it is the consensus to support rezoning request RZ-05-007 from Heidi Mackley, Trustee, to rezone the subject property from RU – Residential Urban to the agreed upon BL – Business Local, and to direct the County Attorney’s Office to proceed to develop the findings of fact and decision as outlined. Unanimously approved. LEGISLATIVE PROPOSALS – 2006 SESSION OF THE GENERAL ASSEMBLY Richard Douglas, County Attorney, distributed a list of items suggested by various County Commissioners and staff for the 2006 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. Excise Tax – discretion for the County Commissioners to grant individual exemptions. 1)The Commissioners would like to have the building excise tax enabling law clarified to provide them with the authority to grant individual waivers or exemptions from the tax. 2)Eliminate the requirement that the County Commissioners report the amount of revenues received from the building excise tax by school district as the County is presently unable to readily do so. 3)Eliminate the income basis in the definition of workforce housing to ease administration and protect the privacy of applicants for excise tax credits. The Commissioners discussed this item and agreed that they did not want to eliminate the provision requiring a report on the amount of revenues received by school district or the income basis for definition of workforce housing. The Commissioners asked staff for ideas regarding how to track the revenues received by school district. Jobs Creation Tax Credit – Contractual Employment Position The Washington County jobs creation tax credit ordinance permits the granting of tax credits only when the applicant creates new permanent full-time positions. However, an exception could be grafted onto the statute, similar to the one granted to Montgomery County, under which jobs creation tax credits may be granted for “a full-time position of indefinite duration or a contraction position of definite duration lasting at least 12 months with an unlimited renewal option.” Mr. Douglas stated that at least one major employer in Washington County could benefit from such an amendment. Tim Troxell, Executive Director of the Economic Development Commission, informed the Commissioners that the amendment would affect high tech companies that utilize contract employees for long-term contracts. The Commissioners agreed to continue their review of proposed legislative requests next week due to time constraints. PROPOSAL TO INCLUDE BIOTECHNOLOGY LABS IN HAGERSTOWN COMMUNITY COLLEGE’S TECHNICAL INNOVATION CENTER Dr. Guy Altieri, President of Hagerstown Community College (HCC), and Chris Marschner, Director of the Technical Innovation Center (TIC), appeared before the Commissioners to request that they authorize up to $16,000 to cover 50 percent of the costs to fund a feasibility study for a biotech lab at the TIC. Dr. Altieri stated that HCC is working with Senator Munson to secure state funds to enhance the economic development of the County by establishing laboratory facilities suitable for early stage bio- tech and life science firms at the TIC. However, the State requires that a feasibility study be conducted to evaluate whether or not adequate demand exists to sustain the operations if the enhancements are made. The Commissioners discussed the need for the study. SEPTEMBER 27, 2005 PAGE SIX Motion made by Commissioner Nipps, seconded by Kercheval, to provide up to $16,000 from the Commissioners’ Contingency Fund to Hagerstown Community College, as a match to the Maryland Technology Development Corporation (TEDCO) funding, for a feasibility study on the establishment of bio-tech laboratories at the Technical Innovation Center. Unanimously approved. RE/APPOINTMENTS – AIRPORT ADVISORY COMMISSION Motion made by Commissioner Munson, seconded by Nipps, to appoint Wayne Alter, Jr., to the Airport Advisory Commission for a three-year term and to reappoint Gordon Crabb and Spence Perry for three-year terms. Unanimously approved. APPOINTMENT – MENTAL HEALTH AUTHORITY Motion made by Commissioner Kercheval, seconded by Nipps, to appoint Melissa Cline to the Mental Health Authority Board of Directors for a three-year term. Unanimously approved. BUDGET ADJUSTMENT – CONOCOCHEAGUE SEWER LINE INTERCEPTOR Motion made by Commissioner Munson, seconded by Nipps, to accept the value of an easement from MLD Limited Partnership for $31,070 needed in support of the Conococheague sewer line interceptor. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 3:02 p.m. to consult with counsel to obtain legal advice and consider a matter that concerns a proposal for a business or industrial organization 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 Wivell, seconded by Nipps, to reconvene in open session at 3:42 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on one (1) matter, and considered a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, Doris J. Nipps, and John C. Munson. Also present at various times were Rodney M. Shoop, County Administrator; John Martirano, County Attorney; Richard Douglas, County Attorney; Joni Bittner, County Clerk; Carolyn Motz, Airport Manager; Greg Larsen, Business Development Manager for the Hagerstown Regional Airport; Phil Ridenour, Special Operations Administrator; and David Rider, Rider Jet Center. ADJOURNMENT AND TOUR OF HAGERSTOWN KITCHENS Commissioners adjourned at 3:42 p.m. in order to attend a tour of Hagerstown Kitchens, Inc.’s manufacturing facilities. BROADFORDING ROAD BRIDGE RIBBON CUTTING CEREMONY The Commissioners attended the ribbon-cutting ceremony for the Broadfording Road Bridge at 5:30 p.m. The bridge was re-opened to traffic after it underwent a complete rehabilitation. , County Administrator , County Attorney ___________________________, County Clerk