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HomeMy WebLinkAbout060829 August 29, 2006 Hagerstown, Maryland The Commissioners met at 8:30 a.m. in order to tour the Lenox Distribution Center at Hunters Green Parkway. 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. The meeting was held at the Department of Water Quality, 16232 Elliott Parkway due to elevator maintenance at the County Administration Building. 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 – AUGUST 8 AND 22, 2006 Motion made by Commissioner Nipps, seconded by Munson, to approve the minutes of August 8 and 22, 2006. Motion carried with Commissioners Nipps, Munson, Kercheval, and Snook voting “AYE” and Commissioner Wivell “ABSTAINING.” COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps stated that she attended Williamsport Days festivities as well as several other community events held last week. Commissioner Munson stated that he also attended Williamsport Days. Commissioner Kercheval informed the Commissioners that he volunteered at Augustoberfest. Commissioner Snook noted that recent real estate data shows that residential sales are down in the County in comparison to the last three years. The Commissioners discussed the request made by the Community Free Clinic for additional funding. Commissioners Kercheval and Nipps agreed that they would support one-time funding to allow the Clinic time to re-organize. Commissioner Munson stated that he feels the Clinic should establish income limits. Commissioner Snook informed the Board that the request was also made to the City of Hagerstown and that he anticipates that it would match the County’s contribution. Motion made by Commissioner Munson, seconded by Nipps, to provide one-time funding of $50,000 to the Community Free Clinic to be used toward maintaining the current patient load of Washington County residents, with funds to be taken from the Commissioners Contingency Fund. Unanimously approved. PROCLAMATION –DISABLED AMERICAN VETERANS FORGET-ME-NOT MONTH Commissioner Snook presented a proclamation to Steve Hansen, Commander of Chapter 14 of the Washington County Chapter of Disabled American Veterans (DAV), and Clyde Stair, member of the DAV, proclaiming the month of September 2006 as Disabled American Veterans Forget-Me-Not Month in Washington County and encouraging all citizens to join in their support of those who gave of themselves to protect and preserve our way of life. Mr. Hansen thanked the Commissioners for the proclamation on behalf of Chapter 14 of the DAV and commented on the generosity of the County’s citizens. He also outlined activities scheduled during the month to benefit disabled veterans. UPDATE – COURT HOUSE RENOVATIONS Gary Rohrer, Director of Public Works, and Gary Pozzouli, Project Manger, appeared before the Commissioners to provide an update on the Court House renovation project. Mr. Rohrer stated that, due to a latent condition involving asbestos on the upper floors of the Court House, additional costs were incurred to address the subsurface conditions and inspection service. He informed the Commissioners that there is an estimated AUGUST 29, 2006 PAGE TWO shortfall of $560,000 and a strong possibility that there will be additional costs for the new prisoner elevator and the relocation of utilities in the adjacent alley. Mr. Rohrer requested that $360,000 be transferred from the Interstate Industrial Park Stormwater Management Pond project and $165,600 from the CIP Contingency Fund or from closed-out project savings to address the cost overruns. The meeting was then opened for discussion. Motion made by Commissioner Kercheval, seconded by Nipps, to transfer $360,000 from the Interstate Industrial Park Stormwater Management Pond project and $165,600 from the CIP Contingency Fund or closed-out project savings to address the cost overruns on the Court House renovation project. Unanimously approved. CITIZENS PARTICIPATION Bob Ebersole commented that he does not support a program to compensate landowners for loss of equity for property that was downzoned since there does not seem to be a loss in property values since the comprehensive rural area rezoning was implemented. He suggested ways to help the smaller farmers. Commissioner Snook affirmed that property values have increased. RE/APPOINTMENTS – ETHICS COMMISSION Motion made by Commissioner Munson, seconded by Nipps, to reappoint Daniel Murphy and Scott Schubel to the Ethics Commission for three-year terms and to appoint Monda Sagalkin for a three-year term. Unanimously approved. PROPERTY TAX ASSESSMENT APPEALS BOARD RECOMMENDATIONS Motion made by Commissioner Wivell, seconded by Nipps, to submit the names of Christopher McClain and Fred Kramer to the State Office of Appointments as the County’s recommendations for appointment to fill the remainder of the Patricia Wolford’s term as Alternate on the State Property Tax Assessment Appeals Board and to recommend the reappointment of John Martin, Jr. to the Board. Unanimously approved. APPOINTMENTS – COMMISSION FOR WOMEN Motion made by Commissioner Nipps, seconded by Munson, to appoint Kris Hoellen, Brandi Koontz, Mary Jane Koontz, Betsy Devore, and Sharon Hawkins to the Commission for Women for three-year terms. Unanimously approved. PENMAR DEVELOPMENT CORPORATION RECOMMENDATION The Commissioners discussed the recommendation of the Nominating Committee of the PenMar Development Corporation (PMDC) to appoint Peter Kurz. Commissioner Wivell asked that it be delayed until he meets with the PMDC Board of Directors. REPORTS FROM COUNTY STAFF Motion made by Commissioner Nipps, seconded by Munson, to approve filling the vacancies for an Airport Maintenance Worker/Firefighter at the Regional Airport and Building Inspector and Zoning Inspector in the Permits & Inspections Department. Motion carried with Commissioners Nipps, Munson, Kercheval, and Snook voting “AYE” and Commissioner Wivell voting “NO.” Gary Rohrer, Director of Public Works, stated that he was notified by the Department of Natural Resources that a Tributary Strategy Team meeting is scheduled for September 27. Mr. Rohrer stated that the pavement maintenance work is proceeding on schedule. He informed the Commissioners that he attended the Boonsboro Mayor and Council meeting regarding the new library branch and would be presenting information at their Planning Commission meeting tonight. Debra Murray, Director of Finance, presented the FY 2007 budget books to the Commissioners. Ms. Murray stated that the book contains a dedication to Commissioner Snook for his 20 years of service as County Commissioner AUGUST 29, 2006 PAGE THREE and noted that his copy contains personal messages of thanks from the County staff. MARYLAND COMMUNITY DEVELOPMENT BLOCK GRANT – PEN MAR WATER CONNECTION ASSISTANCE PROGRAM David Jordan, Director of Community Action County (CAC), and Sonja Hoover, Fiscal/Research Specialist for the Economic Development Commission, met with the Commissioners to provide an update on the PenMar Water Assistance Program. Mr. Jordan explained that Community Development Block Grant (CDBG) funds have been approved to provide assistance to low and moderate income households residing in the PenMar Water Project Area to connect to the public water system being installed in the area. He stated that assistance will be in the form of a 0% deferred loan and estimated that approximately 38% of the 78 households being served on the system would be eligible for CDBG assistance. Eligible costs would include connection fees and related costs to hook up the housing unit to the public water system. The meeting was then opened for questions. COMMUNITY LEGACY AREA – RESIDENTIAL REHABILITATION TAX CREDIT PROGRAM John Schnebly, Chair of the Hagerstown-Washington County Economic Development Commission (EDC), and Kathleen Maher, Director of the City of Hagerstown Planning Department, met with the Commissioners regarding the City’s “Community Legacy Area” Residential Rehabilitation Tax Credit Program and Conversion of Multi-Family to Single-Family Residences Tax Credit Program. Mr. Schnebly asked that the Commissioners adopt tax credit programs similar to the City’s programs. He explained that the Residential Rehabilitation Tax Credit Program provides incentives to property owners who improve their properties for higher resale value and enhancement of the neighborhood. The program would provide relief from increased property taxes, which result from repair and rehabilitation of residential buildings subject to meeting the qualifications outlined. The Conversion of Multi-Family to Single Family Residences Tax Credit Program provides assistance with utility fees and relief from increased property taxes, which result from conversions of multi-family buildings to single-family residences. He reviewed the maps outlining the Community Legacy Area and Revitalization Area. The meeting was then opened for questions. John Martirano, County Attorney, stated that County staff would develop an Ordinance for formal adoption if it is the consensus of the Commissioners to proceed with the tax credit programs. Motion made by Commissioner Wivell, seconded by Kercheval, to adopt tax incentive programs similar to the City of Hagerstown’s Residential Rehabilitation Tax Credit Program and Conversion of Multi-Family to Single-Family Residences Tax Credit Program for properties located in the City’s the Community Legacy and Revitalization Areas. Unanimously approved. PUBLIC HEARING – ECONOMIC DEVELOPMENT REVENUE BOND – CONSERVIT, INC. The Commissioners convened a public hearing at 11:30 a.m. in order to hear testimony regarding a proposed issuance by the County Commissioners of one or more series of its economic development revenue bonds in an aggregate principal amount not to exceed $5,000,000 for Conservit, Inc. Timmy Ruppersberger, Bond Counsel from Venable, LLP, stated that the proceeds from the sale of the Bonds will be used to finance or refinance the acquisition, construction, equipping, and development of the facilities described as: (i) the acquisition and installation of necessary and useful equipment, machinery, furnishings and fixtures at an existing 19.98 acre manufacturing/recycling facility; and (ii) the acquisition and installation of any other improvements or interests in land as may be necessary or useful for the foregoing, including roads or other rights of access, utilities and site preparation facilities. The proceeds may also be used to pay the cost of issuance. Ms. Ruppersberger assured the Commissioners that the County would only be a conduit to issue the bonds, which will be sold to Conservit. The County would have no exposure or be liable for the payments. She stated that the issuance would have no impact on the County’s borrowing limits or financial position and Conservit would pay the costs of the issue. Jack Metzner, representing Conservit, outlined how the funds would be utilized. AUGUST 29, 2006 PAGE FOUR Commissioner Snook then opened the hearing for public comments. There was no one present who wished to comment. Motion made by Commissioner Nipps, seconded by Munson, to issue one or more series of its economic development revenue bonds in an aggregate principal amount not to exceed $5,000,000 for Conservit, Inc., with the proceeds from the sale of the Bonds to be used to finance or refinance the acquisition, construction, equipping, and development of the facilities described as: (i) the acquisition and installation of necessary and useful equipment, machinery, furnishings and fixtures at an existing 19.98 acre manufacturing/recycling facility; and (ii) the acquisition and installation of any other improvements or interests in land as may be necessary or useful for the foregoing, including roads or other rights of access, utilities and site preparation facilities. Unanimously approved. RECESS – LUNCH WITH CHILDREN IN NEED The Commissioners recessed at 11:40 a.m. for lunch with the Board of Directors of Children in Need. AFTERNOON SESSION The afternoon session was called to order at 1:25 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. CONVENE IN CLOSED SESSION Motion made by Munson, seconded by Kercheval, at 1:25 p.m. to convene in closed session to discuss personal matters relating to the appointment, employment, assignment, promotion or compensation of appointees, employees or officials over whom the County Commissioners have jurisdiction; personnel matters that affect one or more specific individuals; to consult with counsel to obtain legal advice on a legal matter; and consider a matter that concerns the 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 Munson, to reconvene in open session at 2:14 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) matters relating to the employment, appointment, assignment, promotion or compensation of appointees, employees or officials over whom the County Commissioners have jurisdiction; personnel matters that affect one or more specific individuals; consulted with counsel to obtain legal advice on a legal matter; and considered a matter that concerns the 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, John C. Munson and Doris J. Nipps. Also present at various times were John Martirano, County Attorney; Rodney Shoop, County Administrator; Joni Bittner, County Clerk; Tim Troxell, Director of the Economic Development Commission (EDC); Robert Garver, Regional Office of the Department of Business & Economic Development; Debra Murray, Director of Finance; and David Hankinson, Director of Human Resources. REQUEST FOR APPROVAL OF A SCHOOL MITIGATION PROPOSAL – CLAGETT’S MILL DEVELOPMENT Jason Wiley, Project manager for Elm Street Development, and Tom Lynch, counsel for Elm Street Development, appeared before the Commissioners to request that the Commissioners enter into a mitigation agreement as it relates to school capacity for the Clagett’s Mill Development under the Adequate Public Facilities Ordinance (APFO). Michael Thompson, Director of Planning, stated that the developer has submitted a mitigation proposal, which does not meet the Board of Education’s current mitigation policy criteria. The proposal is now before the Commissioners at the request of the applicant for a decision on their proposal. AUGUST 29, 2006 PAGE FIVE Mr. Thompson reviewed the mitigation proposal in which the developer proposes to pay $1,131,000 of excise tax due on the project for the first 87 lots up front with this money credited to the lots when they obtain building permits and, if over 25 of the lots are permitted in a year, they would pay the additional $13,000 per unit as stipulated by the ordinance. The project would be phased similar to the schedule established for the Westfield Development with the first 87 lots approved to be recorded this year and the building permits phased over 2007 and 2008 to coincide with the opening of the new Westfields Elementary School. The school is scheduled to open in the fall of 2008. The remaining 151 lots would not be recorded until 2009 and permits phased over three years starting in 2010. The developer is also proposing to pay for a total of four (4) portable classrooms – two for E. Russell Hicks Middle School and two for South Hagerstown High School. Boyd Michael, Executive Director for Secondary Education, provided an update on the sub-committee that is reviewing the Board of Education’s current mitigation policy. The meeting was then opened for discussion and questions. After each Commissioner commented on their views, it was the consensus of the Commissioners to reject the developer’s mitigation proposal but to give direction to the developer that the Commissioners may be willing to consider a mitigation proposal for Phase I (87 lots) only as opposed to the entire development, with adjustments to the schedule and cost comparisons. They agreed that they were not interested in the road issue or in having portables placed at the schools. The Commissioners asked the staff to continue working with the developer on the areas identified and urged Mr. Michael to continue working with the Sub-committee to revise the Mitigation Policy REQUEST TO REMOVE INDUSTRIAL MINERAL OVERLAY Mr. Thompson, Tim Lung, Chief Planner, and Sara Henke, Planner, met with the Commissioners to request that an Industrial Mineral (IM) overlay be removed from a 20-acre parcel of property and a public hearing be scheduled to establish the appropriate underlying zoning for it. Mr. Thompson stated that the parcel was adjacent to the old quarry, but was not mined by Martin Marietta while it operated the quarry. He explained that Section 15.3 of the Zoning Ordinance states that the County Commissioners may, upon receiving a recommendation from the Planning Commission, restore the land to its previous classification upon written request from the landowner and upon successful completion of the required reclamation without another public hearing. The Planning Commission has voted unanimously to recommend that the overlay be deleted. Mr. Thompson noted that the applicant has filed a zoning request to change the zoning of the property from IM to Industrial General and this request is on the joint public hearing scheduled for September 2006. John Martirano, County Attorney, recommended going through the public hearing process. It was the consensus of the Commissioners to approve the recommendation to take this request to public hearing. After discussion, it was the consensus of the Commissioners to permit the applicant to pay the previous application fee of $200 because of the lack of underlying zoning. CONTRACT AWARD – CONSULTANT SERVICES TO DESIGN A TRANSFERABLE DEVELOPMENT RIGHTS (TDR) PROGRAM FOR WASHINGTON COUNTY, MARYLAND Motion made by Commissioner Wivell, seconded by Munson, not to award the contract for consultant services to design a Transferable Development Rights Program for Washington County, Maryland, and to delay taking any action on this program. Motion did not carry with Commissioners Wivell and Munson voting “AYE” and Commissioners Kercheval, Nipps, and Snook voting “NO.” Motion made by Commissioner Nipps, seconded by Kercheval, to award the contract for consultant services to design a Transferable Development Rights Program for Washington County, Maryland, to White & Smith, LLC, for the total lump sum fee of $42,955. Motion carried with Commissioners Nipps, Kercheval and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” AUGUST 29, 2006 PAGE SIX PROPOSAL FOR PILOT AGREEMENT FOR ELDERLY HOUSING PROJECT The Commissioners reviewed the proposal put before them last week by John Schuster, Jr., representing Greenspring Housing LP and SIS Properties, LLC, to build a 24-unit elderly housing facility for low and moderate income seniors adjacent to his Greenside Apartments in Maugansville. Mr. Schuster had requested that the Commissioners enter into a PILOT (payment in lieu of taxes) Agreement similar to the one the County approved for Hagerstown Robinwood Senior Associates. Mr. Schuster also requested that the Commissioners provide a Resolution of Support to the Maryland Department of Housing and Community Development. After discussion, the Commissioners agreed to provide a resolution of support; however, they denied the request to enter into a PILOT agreement for the proposed project. CANDIDATE SITES FOR FOREST CONSERVATION ACT PROGRAM Mr. Weibley stated that there are two projects proposed for the Forest Conservation Act program. The Planning Commission is recommending both projects for approval. The projects are as follows: 1) Lee and Linda Hutson are proposing that 87 acres of existing forest be placed under easement. The property is located on Resley Road in Hancock and the approximate cost of the easement purchase is $110,000. 2) Robert Ellis is proposing 216 acres of existing forest and 104 acres of new forest to be planted to be placed under easement. The properties are located on Weller Road in Hancock. The total cost for easement purchase is estimated to be $622,000. Mr. Weibley reviewed both applications. He indicated that the Hutson project and a portion of the Ellis project would be implemented as soon as possible using funds and the remaining Ellis lands would be completed as funds become available under the Forest Conservation Act. This would allow the Soil Conservation District to administer the program over the next several years and would meet the state mandated requirements of the program. The meeting was then opened for questions and discussion. Motion made by Commissioner Munson, seconded by Nipps, to include the 87 acres owned by Lee and Linda Hutson, located on Resley Road in Hancock, and 306 acres owned by Robert Ellis, located on Weller Road in Hancock, for inclusion in the Forest Conservation Act Fund program for easement purchase and tree planting with the implementation and payment schedule as proposed. Unanimously approved. BEAVER CREEK WATERSHED CONSERVATION ACTIVITIES Elmer Weibley, Director of Soil Conservation District, and Dr. Mike Saylor, President of the Beaver Creek Watershed Association, appeared before the Commissioners to provide an update on accomplishments in the Beaver Creek watershed by their organizations working in partnership. Dr. Saylor provided information on the Association and the projects that have been accomplished. He stated that they have partnered with the Soil Conservation District, Chesapeake Bay Foundation, Trout Unlimited, Department of the Environment, and National Fish and Wildlife Association. He stated that the watershed study has been completed and that $275,000 in grant funding has been raised. Dr. Saylor gave a Powerpoint presentation on the work the Association has undertaken on the Beaver Creek Watershed and outlined their findings. Also discussed was the future involvement of County government and citizens groups with regard to natural resource conservation in the watershed. Dr. Saylor recommended that the Watershed be given special status with regard to future development. He also asked the Commissioners to consider establishing the position of Coordinator of Environmental Matters to provide County-wide oversight regarding conservation issues and to provide coordination of volunteer efforts. The Commissioners thanked Dr. Saylor for the presentation and for the work the Association has done on the Watershed. EMPLOY ASSISTANT COUNTY ATTORNEY Motion made by Commissioner Munson, seconded by Kercheval, to approve the recommendation to employ Andrew Wilkinson as Assistant County Attorney at a salary of $72,000 and to adjust Assistant County Attorney Kirk Downey’s AUGUST 29, 2006 PAGE SEVEN salary by 5.5% to $77,000, effective October 1, 2006. Unanimously approved. EMPLOY ACCOUNTING SUPERVISOR AND RELATED ADJUSTMENTS Motion made by Commissioner Nipps, seconded by Munson, to employ Darryl Brown as Accounting Supervisor (Grade 15) in the Budget & Finance Department at a salary of $60,000 with the condition that he pass the Certified Public Accountant (CPA) exam within four years, approve the upgrade of the Senior Accountant from Grade 14 to Grade 15 and adjust the salary by $11,713.31 to $60,000, adjust the salaries of the two Deputy Directors by $2,587 for internal equity, and approve a budget transfer of $30,849 from Miscellaneous Revenue to Wages-Full-time for the adjustments. Motion carried with Commissioners Nipps, Munson, Kercheval, and Snook voting “AYE” and Commissioner Wivell “ABSTAINING.” ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Nipps, to adjourn at 4:35 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk