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HomeMy WebLinkAbout060321 March 20, 2006 Hagerstown, MD 21740 JOINT PUBLIC HEARING – REZONING CASES RZ-06-005, RZ-06-007, RZ-06-001, FCO-06-001, AND SO-06-001 A joint public hearing of the Board of County Commissioners of Washington County and the Washington County Planning Commission was convened in Court Room #l at 7:00 p.m. to hear testimony and receive evidence in rezoning map amendments RZ-06-005, RZ-006, RZ-007, RZ-06-001, Forest Conservation Amendment FCO-06-001, and Subdivision Ordinance SO-06-001. It was announced that, due to an advertising error, case RZ-06-002 would be heard on April 10, 2006. Presiding at the hearing were County Commissioners President Gregory I. Snook and Planning Commission Chair Benjamin Clopper. Also present at the hearing were County Commissioners William J. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps, and Planning Commission Vice-Chair George Anikis and members Terry Reiber and Clint Wiley. The public hearing was adjourned at 8:10 p.m. __________________________, County Administrator , County Attorney , Clerk March 21, 2006 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 10:00 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 Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – March 2, 7, 13, and 14, 2006 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the minutes of March 2, 7, 13, and 14, 2006, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval stated that he met with several members of the Board of Education regarding possible solutions to deal with the impact that small subdivisions of less than 25 units have on the school system. He stated that there is inadequate information regarding housing types included in State records and discussed whether to ask the local Delegation to the General Assembly to address this issue. Commissioner Kercheval reported on the meetings of the Mental Health Advisory Committee, Local Management Board, and Public Golf Corporation. He stated that he participated in a conference call with the Chamber of Commerce and the State Highway Administration regarding the proposed improvements to the Edgewood Drive/Route 40 project. Commissioner Munson informed the Commissioners that the hearing on the homestead tax credit was cancelled last week. Commissioner Nipps reported on the Airport Commission meeting and provided an update on the runway extension project. Commissioner Snook informed the Commissioners that he spoke to the Hagerstown Kiwanis Club and met with Hagerstown Mayor Bruchey for lunch last week. He stated that he served as a guest judge for senior night at North Hagerstown High School. Commissioner Snook reminded the Commissioners that the County’s Annual Health and Wellness Expo would be held at Hagerstown Community College on April 20. He stated that the next Municipal League meeting is scheduled for March 27 at the Museum of MARCH 21, 2006 PAGE TWO Fine Arts. Commissioner Snook stated that the County had entered into a contract with the State to spray for gypsy moths. He noted that a Manpower survey for the second quarter of 2006 found that 59% of companies in Washington County plan to hire additional employees. Commissioner Snook reported on the Hagerstown-Eastern Panhandle Metropolitan Planning Organization meeting. He also wished th County Administrator Rodney Shoop a happy 60 birthday. REPORTS FROM COUNTY STAFF John Latimer, Director of Fire & Emergency Services, informed the Commissioners that there was a significant mountain fire in Frederick County last week and that nine companies from Washington County assisted, without any injury or damage. He stated that the approved positions for special operations had been advertised. Motion made by Commissioner Nipps, seconded by Kercheval, to authorize filling two vacant Maintenance Equipment Operator I positions at the Highway Department and a part- time Bus Operator at the Transportation Department. Unanimously approved. CITIZENS’ PARTICIPATION Bob Darby stated that he is not in favor of the County changing to the home rule form of government and does not believe it should be placed on the ballot during the next election. He suggested that the County fund a new baseball stadium rather than the Airport. Mr. Darby also cited roads in need of repair in Maugansville and expressed concern on other issues. He agreed to meet with John Latimer, Director of Emergency Services, to determine if he is eligible for the LOSAP program. Ron Meiners of the Hagerstown Carpenters Union stated that he attended a discussion regarding gang-related issues in the County last week. He offered the use of their facility on East Franklin Street if the City police or Sheriff's Office would like to hold an informational meeting on this topic. COUNTY ATTORNEY ISSUES Richard Douglas, County Attorney, stated that he would forward a copy of House Bill 1065 as amended to the Commissioners. He stated that the bill gives the Commissioners enabling authority to grant tax credits. Mr. Douglas indicated that a Senate bill for this purpose has also been filed; however, he would favor the House bill since it seems to provide more detail. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the Maryland Theatre would be holding an open house tomorrow night. He reminded them that there would be a Commissioners’ meeting held on April 11. BID AWARD – RUNWAY 9-27 IMPROVEMENT PROGRAM – PACKAGE 2 Motion made by Commissioner Kercheval, seconded by Nipps, to award the contract for the Runway 9-27 Improvement Program – Package 2 Hagerstown Regional Airport to Ahern & Associations, Inc., which submitted the lowest responsible, responsive bid of $2,380,413 and for Alternate No. 1 - $68,087, for a total of $2,448,500. Motion carried with Commissioners Kercheval, Nipps, and Snook voting “AYE” and Commissioner Wivell and Munson voting “NO.” CONTRACT AWARD – ACTIVITIES ENHANCING SCHOOL READINESS OF CHILDREN, BIRTH THROUGH AGE FIVE Motion made by Commissioner Nipps, seconded by Kercheval, to award a contract for Activities Enhancing School Readiness of Children, Birth through Age Five, to Head Start of Washington County, Inc. for the Children’s Literacy Initiative in the amount of $31,440 for year one and $14,900 for year two, through a State grant from the Governor’s Office for Children and Families. Unanimously approved. MARCH 21, 2006 PAGE THREE EAST OAK RIDGE DRIVE PAVEMENT REHABILITATION Gary Rohrer, Director of Public Works, asked the Commissioners to approve funding for the reconstruction of East Oak Ridge Drive from Antietam Creek to MD Route 65 from the FY 2007 budget so that the work can be performed in FY 2006. Mr. Rohrer stated that East Oak Ridge Drive is heavily traveled and is in need of major pavement repairs and reconstruction. He noted that a temporary 2” asphalt cap was placed on the hill above the bridge in the fall of 2004, but there are significant subsurface drainage problems that require attention. Mr. Rohrer recommended that the additional work be approved in light of the unit prices of the current pavement maintenance contract so the work can be completed prior to July 1. He estimated that the cost would be $310,000 through the current contract. The meeting was then opened for questions and discussion. Commissioner Kercheval asked Mr. Rohrer to assure that any work is coordinated with development of a new shopping center in that area. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the request for funding for the reconstruction of East Oak Ridge Drive from the Antietam Creek to MD Route 65 under the current FY 2006 pavement maintenance contract with C. William Hetzer, Inc. Unanimously approved. RECESS – LUNCH AND BUDGET PRESENTATION - HAGERSTOWN COMMUNITY COLLEGE The Commissioners recessed at 11:23 a.m. in order to attend a luncheon and presentation of the FY 2007 budget with the Board of Trustees of Hagerstown Community College. MEETING WITH BOARD OF TRUSTEES – HAGERSTOWN COMMUNITY COLLEGE The Commissioners met with the Board of Trustees of Hagerstown Community College (HCC) and Dr. Guy Altieri, President of HCC, to provide an overview of the budget, the budgeting process, and the funding breakdown between the State and County. HCC is requesting $6,906,594 from Washington County in FY 2007. AFTERNOON SESSION The afternoon session was called to order at 2:03 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. PROPOSED AMENDMENTS – EXCISE TAX ORDINANCE Richard Douglas, County Attorney, and Michael Thompson, Planning Director, appeared before the Commissioners to outline amendments proposed for the Excise Tax Ordinance. Mr. Douglas reviewed the following proposals: 1) The definition of “construction in Section 2 was simplified and references to replacements of units were eliminated. 2) Definitions were added for “Director of Planning” and “Nonresidential Construction.” 3) The definition of “gross square footage” eliminated any reference to the building code and was simplified. 4) The definition of “Residential Addition Construction” was clarified. 5) Section 3A(a)(3) was revised to make it clear that the exemption for residential construction applies “per dwelling unit.” 6) Section 3A(b) was revised to send appeals from decisions on the Ordinance to the County Administrator rather than the County Commissioners, for efficiency and consistency with Section 9. Section 3A(b)(1) was revised from 85% to 90% for school capacity to conform to a change in the Adequate Public Facilities Ordinance. 7) Section 3B(a) was revised to clarify that the Director of Planning shall determine the applicability of the percentages for nonresidential construction and that changes shall be shown on a site plan. 8) Section 3B(c) was added to provide for the computation of tax on “nonresidential addition construction.” 9) Section 3B(e) was added to prevent piecemeal applications with regard to nonresidential construction. 10) Section 5(c) was eliminated and a new Section 5(c) was added to set forth the rules for application of the tax to replacement construction. 11) Section 5(h) was amended to exempt only the schools portion of the building excise tax (70%) on housing for the elderly. 12) Section 5(j) was amended to add “and additions” to the exemption for “small developments.” 13) Sections 8(b)(s)(a) and 8(c)(4)(b) were revised to set time limits on the deposit of taxes with the Department of MARCH 21, 2006 PAGE FOUR Budget and Finance. 14) Several sections of the Ordinance were amended to clarify that decisions as to the applicability and interpretation of the Ordinance shall be the responsibility of the “Planning Director or designee” for consistency with sections of the Ordinance governing appeals. 15) Section 13(b)(2) was clarified as to definition of workforce housing. 16) Some sections were renumbered. 17) Other minor changes were made for consistency. The Commissioners then reviewed each recommendation and made additional changes to the Ordinance. The Commissioners directed Mr. Douglas to make the revisions discussed today and schedule a public hearing on the Ordinance. BUDGET PRESENTATION – HAGERSTOWN REGIONAL AIRPORT Carolyn Motz, Airport Manager, and Phil Ridenour, Special Operations Administrator, presented the Airport budget for FY 2007. Ms. Motz projected revenues of $1,530,850 for FY 2007. She reviewed the major changes in budget categories and line items and the reasons for the proposed changes. The meeting was then opened for questions and discussion. MEETING WITH MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION (MALPF) Eric Seifarth, Land Preservation Administrator, and Holly Thibault, Land Preservation Planner, introduced Jim Conrad, Director of the Maryland Agricultural Land Preservation Foundation (MALPF), Vera May Schultz, from the Board of Trustees, and Carol Council, Administrative Officer. Mr. Conrad outlined the history of the program, its objectives, and changes in funding for easements and current developments. Mr. Conrad stated that they anticipate increased State funding levels for FY 2007, increased easement values, and more choice and flexibility for participants. He informed the Commissioners that a recommendation was made to the Agricultural Stewardship Commission that an additional $20 million be used to fund the Installment Purchase Agreement program, the Critical Farms program, and the Priority Preservation Area Program. He reviewed the possible changes in the ranking systems and trends in easement and acquisition values. The meeting was opened for questions and discussion. The Commissioners thanked Mr. Conrad for the presentation about possible changes in the program. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Kercheval, to convene in closed session at 4:25 p.m. to consult with counsel to obtain legal advice, discuss potential litigation, and considered 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 Nipps, seconded by Kercheval, to reconvene in open session at 4:33 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on one (1) matter, discussed potential litigation, 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, and Doris J. Nipps. Also present at various times were Rodney M. Shoop, County Administrator; John Martirano, County Attorney; and Joni Bittner, County Clerk. RECESS The Commissioners recessed at 4:33 p.m. EVENING SESSION – TOWN OF WILLIAMSPORT The evening session was called to order at 7:00 p.m. at the Williamsport Town Hall by President Gregory I. Snook, with the following Commissioners present: Vice President Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. MARCH 21, 2006 PAGE FIVE Also present were Williamsport Mayor James McCleaf, and Council members Monty Jones, Gloria Bitner, Nelson Deal, James Kalbfleisch, Jeff Kline, and Earle Pereschuck. Tax Setoff - Williamsport Commissioner Snook stated that, pursuant to Section 6-306 of the Tax-Property Article of the Annotated Code of Maryland, the Commissioners are required to meet with each municipality annually to discuss the tax setoff program. Commissioner Snook stated that, for fiscal year 2006, Williamsport would receive $56,457. He also reviewed the summary and formula for highways, police, and parks. Commissioner Snook informed the Town officials that their employees are welcome to participate in any of the safety training sessions sponsored by the County. He thanked the Town for adopting an Adequate Public Facilities Ordinance similar to the County’s Ordinance to address school capacity issues caused by growth in the towns. Commissioner Snook complimented the Town for its Christmas lighting display at the Town park. He also informed them that funding is included in the FY 2007 budget for replacement of the roof at the Williamsport Branch Library. Mayor McCleaf thanked the County for their help over the past year. The Commissioners then discussed items of interest to the town officials and citizens in the area. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Wivell, to adjourn at 7:35 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk