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HomeMy WebLinkAbout061031 October 31, 2006 Hagerstown, MD 21740 JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the Board of Education at 8:00 a.m. at the Board’s offices on Commonwealth Avenue. The following Board of Education members were present: Ed Forrest, Paul Bailey, Russell Williams, Wayne Ridenour, Bernadette Wagner, Jacqueline Fischer, and Roxanne Ober. Staff members making presentations were Dr. Elizabeth Morgan, Superintendent of Schools; Boyd Michael, Assistant Superintendent for School Operations; and Anthony Trotta, Chief Legal Counsel. Developer-Funded School Construction Projects and Proposed Mitigation Plans Ms. Fischer stated that the mitigation policy in the Developer-Funded School Construction Projects Policy (FEC- R) originally mirrored Frederick County’s policy. The Board was asked to modify the document to address the current policy because it does not address small developments. Anthony Trotta, Chief Legal Counsel, reviewed the working draft of the policy. He stated that staff recommended new language to authorize a developer whose development generates fewer than 100 students to submit a mitigation plan. Mr. Trotta explained that the plan must satisfy three requirements: 1) It must not adversely affect the education of the students. 2) In addition to the excise tax, the Mitigation Plan must provide financial compensation (cash, land dedication, existing building dedication, infrastructure improvements or a combination thereof) for each new seat generated. The current cost of a seat is $45,000. and 3) The Plan must comply with the requirements of the Policy. Mr. Michael reviewed the working draft of the proposed changes to the Developer-Funded School Construction Projects and Proposed Mitigation plans. He explained how the Committee arrived at the “cost per seat” figure of $45,000 and what amenities the formula includes. The meeting was then opened for questions and discussion. Ms. Fischer proposed that the two groups meet to discuss the proposal and the cost per seat calculation as presented to determine what would be enforceable by the County. Dr. Morgan stated that this plan only considers managing the impact of growth as it affects schools that are over capacity. The Commissioners expressed concern about the per-seat payment and its effects on small developments. They asked that flexibility be included to allow for negotiations with the developer. Commissioner Nipps expressed the concerns of the development community. She also asked whether a final decision had been made to close Conococheague Elementary School, as this would change the enrollment projections for several other elementary schools. Mr. Michael stated that his staff is currently working to make a recommendation to the School Board regarding this issue. Commissioner Kercheval asked that the Board include lease alternatives to its Policy FEC-E-6. Mr. Forrest requested the Commissioners to provide any follow up comments to them in writing. He stated that the policy would be presented to the Board for first reading and that the Board may hold a public hearing for additional input. RECESS The meeting was recessed at 9:25 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 10:05 a.m. by President Gregory I. Snook with the following members present: 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. (Vice President William J. Wivell and Commissioner James F. Kercheval arrived at the meeting at 10:10 a.m.) OCTOBER 31, 2006 PAGE TWO PUBLIC HEARING – MARYLAND AGRICULTURAL LAND PRESERVTION PROGRAM PRIORITY RANKINGS The Commissioners convened a public hearing in order to consider the priority rankings for properties applying to sell FY 2007 easements through the Maryland Agricultural Land Preservation Program (MALPP). Eric Seifarth, Land Preservation Administrator, and Holly Thibault, Planner, stated that the Agricultural Land Preservation Advisory Board ranks properties for the MALPP based on established criteria. Mr. Seifarth stated that the funding for 2006-07 totals $12.17 million and the County has committed $1.34 million in Agricultural Transfer Tax money for the 60/40 match. He reviewed the changes made by the Advisory Board in the points for the ranking system and Ms. Thibault reviewed the categories in the ranking system. Mr. Seifarth stated that the Advisory Board is recommending submission of 26 ranked applications to the State. He indicated that they would purchase as many easements as possible with the available funding. The meeting was then opened for public comment. Myron Martin, Beverly Shriver, and Sam Hunter made comments at this time. The public hearing was closed at 10:20 a.m. Motion made by Commissioner Munson, seconded by Nipps, to approve submitting the following 26 applications as ranked by the Agricultural Land Preservation Advisory Board for easement purchase to the Maryland Agricultural Land Preservation Programfor FY 2007: 1) Harold & Sharon Carbaugh, 2) Robert Cline, 3) Harold & Sharon Carbaugh, 4) Andrew Michael, et al, 5) William Price, 6) Andrew Michael, et al, 7) Samuel Hunter, 8) Scott & Karen Hamilton, 9) Kathleen Newcomer, 10) Roth Meadowbrook, 11) Ray and A. Geneva Clark, 12) Myron & Janet Martin, 13) Betty Jane Oiler, 14) Cline Farm, Inc., 15) Mary Murphy, 16) Leo Cohill, 17) Tricia Bowman, et al, 18) Maureen Warner, 19) Beverly Shriver, 20) Phyllis Barr, 21) Constance Thomas, 22) Woodley Farms, LLC, 23) Elsworth Reeder, 24) Bowman Farms, LLC, 25) Carolyn Ann Barkdoll, and 26) Lane Heimer. Unanimously approved. BID AWARD – ROOF REPLACEMENT AT WILLIAMSPORT MEMORIAL LIBRARY Motion made by Commissioner Wivell, seconded by Munson, to award the contract for roof replacement at the Williamsport Memorial Library to Heidler Roofing Services, Inc., which submitted the low responsible, responsive bid of $67,870, which includes Alternate Nos. 1, 2 and 3. Unanimously approved. CITIZENS’ PARTICIPATION Marie Byers, President of the Board of Directors of Discovery Station, provided an update on upcoming exhibits at the Discovery Station. She thanked the Commissioners for their past financial help. Ms. Byers asked the Commissioners to consider providing another contribution of $20,000. She explained that $10,000 would be used to fund the weather program exhibit and $10,000 to hire a staff member. Lisa Stewart and Joyce Ott, representing the Hagerstown Community College (HCC) Alumni Association, appeared before the Commissioners to inform them that the Alumni Association has repaid its loan to HCC for the amphitheatre. Ms. Stewart stated that the County Commissioners loaned the Alumni Association $200,000 for the amphitheatre project, and in November of 2002 agreed to allow them to repay the loan to HCC rather than the County. They thanked the Commissioners for their faith in the Alumni Association and provided information on their future plans. MULTI-FAMILY TO SINGLE-FAMILY CONVERSION TAX CREDIT ORDINANCE AND REHABILITATION TAX CREDIT ORDINANCE Andrew Wilkinson, Assistant County Attorney, reviewed the multi-family to single-family conversion tax credit program and the residential rehabilitation tax credit program that the Commissioners approved on August 29, 2006 pending drafting of the formal ordinances. Mr. Wilkinson stated that the programs will provide a tax credit against the County’s real property tax mirroring a tax credit program recently adopted by the City of Hagerstown. The tax credit would apply only to property within OCTOBER 31, 2006 PAGE THREE the City’s Community Legacy Area for owners who rehabilitate residential property or convert multi-family dwellings to single-family dwellings. Motion made by Commissioner Kercheval, seconded by Wivell, to adopt an Ordinance to Provide Tax Credit for Residential Rehabilitation within the Community Legacy Area of the City of Hagerstown (“Residential Rehabilitation Tax Credit Ordinance”) and to adopt an Ordinance To Provide Tax Credit for the Conversion of Multi-Family Residential Property to Single-Family Residential Within the Community Legacy Area of the City of Hagerstown (“Multi-Family to Single-Family Conversion Tax Credit Ordinance”). Unanimously approved. (A copy of Ordinance ORD-06-11 and ORD-06-12 can be found in the County Commissioners’ office.) APPOINTMENT – ADVISORY COMMISSION TO THE BOARD OF HEALTH Motion made by Commissioner Kercheval, seconded by Nipps, to appoint Kimberly Murdaugh to the Advisory Commission to the Board of Health for a three-year term. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners that there would be no meeting held on Election Day, November 7; however, there will be a half-day meeting on November 21. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, provided an update on repairs to the elevator in the County Administration Building. He stated that the completion date should be November 20. Mr. Rohrer also provided an update on the road overlay program. COMMISSIONERS REPORTS AND COMMENTS Commissioner Kercheval stated that he participated in the Alsatia Mummers’ Day parade and attended the retirement party for William Christoffel, former Washington County Health Officer. He also noted a change in the meeting time for the next Planning Commission meeting. Commissioner Munson informed the Commissioners that the Solid Waste Advisory Committee meeting had been cancelled. He distributed information he received from Sheriff Mades regarding enforcement of covered (loose) loads at the Forty West Landfill and the report on other violations that were discovered during the investigation. Commissioner Nipps stated that she also attended the retirement party for William Christoffel and the Mummers’ Day parade. Commissioner Snook stated that he received a letter from Brian Kane asking that an alternate be appointed to the Animal Control Authority due to the large number of cases that come before this body. It was the consensus of the Commissioners to approve the request. They agreed to consider individuals for appointment at their next meeting. Commissioner Snook distributed information on the “cost per seat” calculation formulated by the Board of Education staff. He stated that it seems that the type of project could skew the results. Commissioner Snook also reported on the Emergency Services Advisory Council meeting and stated that a draft of the new Emergency Medical Services Plan was presented. APPROVAL OF MINUTES – OCTOBER 24, 2006 Motion made by Commissioner Kercheval, seconded by Nipps, to approve the minutes of October 24, 2006. Unanimously approved. NATIONAL WEATHER SERVICE “STORMREADY COMMUNITY” PRESENTATION John Latimer, IV, Director of Fire and Emergency Services, informed the Commissioners that Washington County would be presented with a “StormReady Community” certification from the National Weather Service for 2006-2009. He stated that Washington County is one of only six counties in Maryland that has received the award. Dave Manning, representing the National Weather Service, explained that the StormReady Program is a nationwide program that helps communities develop plans to handle severe weather and flooding threats and helps them to be better prepared for these situations. Mr. Latimer thanked Verna Brown, OCTOBER 31, 2006 PAGE FOUR Emergency Management Coordinator, for her participation. Mr. Manning presented the certification to Mr. Latimer and Stoyan Russell, EMS Planner. PROJECT AWARE INITIATIVE Mr. Latimer introduced Martha Byrd, Director of the Western Maryland Area Health Education Center, who presented certificates for Verna Brown and Carl French commending them for their leadership in the Project Aware initiative. She stated that the initiative conducted tabletop exercises and helped to train volunteers to assist in times of emergency through the Citizens' Emergency Response Team (CERT) program. Ms. Byrd noted that the project has been extended through December. RECESS – LUNCH & TOUR OF SPECIAL OPERATIONS FACILITY The Commissioners recessed at 11:35 a.m. for lunch and a tour of the Special Operations facility. AFTERNOON SESSION The afternoon session was called to order at 1:55 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. REZONING MAP AMENDMENT RZ-06-014 – McC,B, LLC Sara Henke, Associate, and Michael Thompson, Director of the Planning Department, reviewed the staff report and Planning Commission findings for rezoning case RZ-06-014, as submitted by McC,B, LLC. The applicant requested that the IM-Industrial Mineral overlay be removed from the subject property and that an underlying zoning classification of IG - Industrial General be established for the subject property. The property is located a short distance east of Western Maryland Parkway and south of Enterprise Lane. Ms. Henke stated that the Planning Commission recommended approval of this map amendment based on a mistake in the original zoning. She indicated that the Planning Commission also recommended that an agreement be reached with the applicant to allow the County and City a right-of-way for access to water from the quarry for emergency situations. Mr. Downey informed the Commissioners that the attorney for the applicant has informed the County that the applicant only has an easement over the property and might not be able to provide the right-of-way requested by the Planning Commission. The meeting was then opened for questions and discussion by the Commissioners. Motion made by Commissioner Nipps, seconded by Munson, to approve the rezoning map amendment RZ-06-014 as submitted by McC, B, LLC, to adopt and incorporate the findings of fact, and if possible have the applicant convey an easement relating to the property for access to water in the quarry for emergency situations. Unanimously approved. SUBDIVISION TEXT AMENDMENT SO-06-002 Michael Thompson, Director of the Planning Department, reviewed the staff report and Planning Commission findings for subdivision text amendment SO-06-002, as submitted by the Planning Department. Mr. Thompson stated that the Planning Commission recommended approval of this amendment. He explained that the amendment would update the current Ordinance in order to bring it into compliance with other policies that have been adopted over the years by the Planning Commission and the State of Maryland. The proposed amendments include adding a definition of “Remaining Lands” in Section 202 and various other amendments to Sections 308, 310, and 318. Motion made by Commissioner Kercheval, seconded by Munson, to approve Subdivision Ordinance SO-06-002 as presented at a joint public hearing held September 18, 2006. Unanimously approved. WATER & SEWERAGE PLAN AMENDMENT – WS-06-001 Tim Lung, Chief Planner, reviewed the staff report and Planning Commission findings for the proposed text amendment to the Water and Sewerage Plan (WS-06-001), as submitted by the Planning Department. Mr. Lung stated that the Planning Commission recommended approval of this amendment. He explained that the amendment would update all of the text, OCTOBER 31, 2006 PAGE FIVE charts, and tables of the current Plan associated with the Water Quality Department . Motion made by Commissioner Nipps, seconded by Munson, to approve Subdivision Ordinance WS-06-001 as presented at a joint public hearing held September 18, 2006. Unanimously approved. REQUEST FOR WAIVER OF EXCISE TAX Jason Divelbiss, counsel for AC&T Company, Inc., appeared before the Commissioners to request a waiver of the excise tax of $30,000 for its property located at 11532 Hopewell Road under Section 3B, Subsection D, of the Ordinance. Michael Thompson, Director of Planning, recommended denial of the request. Mr. Divelbiss stated that the project is a “near miss” on two points since the planned expansion is a separate facility and not connected to the existing one. He also explained that the subject property was previously included in the Enterprise Zone. However, this designation expired in 2001. Mr. Divelbiss noted that House Bill 941 extends the State property tax credits for the properties that were previously in the Enterprise Zone designation, but that the designation has expired. Bradley Fulton of AC&T joined Mr. Divelbiss at this time. Mr. Thompson stated that the first 5,000 square feet of non-retail, non-residential construction was exempt from the excise tax and that this reduced the tax for the proposed building by $10,000. The Commissioners then discussed the information. It was the consensus to deny the request because of the precedent it would set; however they agreed to take additional time to have the County Attorney’s Office review House Bill 941 and its effects. Commissioner Snook informed Mr. Divelbiss and Mr. Fulton that they would take this information under consideration and give them an answer to the request in the next several weeks. PRIMARY GUIDING DOCUMENTS – HAGERSTOWN REGIONAL AIRPORT Carolyn Motz, Airport Manager, and Phil Ridenour, Airport Fire Chief, met with the Commissioners to present the proposed Primary Guiding Documents. Ms. Motz stated that the Primary Guiding Documents are a handbook used by airports to inform users of the adopted regulations for use of the Airport in accordance with local, state and federal laws and regulations. She explained that the document consists of six sections: 1) General Provisions, 2) Definitions, 3) Developmental Guidelines, 4) Minimum Operating Standards, 5) Rules and Regulations, and 6) Leases, Rates and Charges. Ms. Motz noted that this is a “living document” that will change with the evolution of the Airport. She also stated that the Airport Commission recommends approval of the Primary Guiding Documents. The Advisory Commission and the Airport Staff have held public meetings and have been working with various groups, including individuals and businesses at the Airport for years. The Primary Guiding Documents would update, revise and supersede the previous documents approved by the Commissioners in 1995. The meeting was then opened for questions and discussion by the Commissioners. Motion made by Commissioner Munson, seconded by Nipps, to adopt the Hagerstown Regional Airport Primary Guiding Documents as presented, effective this date. Motion carried with Commissioners Munson, Nipps, Kercheval, and Snook voting “AYE” and Commissioner Wivell “ABSTAINING.” ANTIETAM WORKCAMP Reverend Anne Weatherholt, St. Mark’s Episcopal Church; Kevin Collins, REACH; and David Jordan, Executive Director of Community Action Council (CAC), asked the Commissioners to support the activities of the Antietam WorkCamp by waiving any building permit fees and landfill tipping fees. Reverend Weatherholt explained that the Group WorkCamp is a non-profit, non-denominational organization that brings youth from across the country to a community to perform minor home repairs for elderly and disabled homeowners. An activity has been scheduled in Washington County for the summer of 2007. Mr. Jordan stated that the group would be working on 60-70 houses during a one-week period in July and although most of the work would not require building permits, they are requesting a waiver in case they would need to acquire them. The Commissioners discussed the request OCTOBER 31, 2006 PAGE SIX and agreed to waive up to $3,000 in permit fees and tipping fees. They stated that the group could request additional funding if necessary. They reminded the group that they must go through the proper procedures. Motion made by Commissioner Munson, seconded by Nipps, to waive building permit fees and landfill tipping fees for Antietam WorkCamp in an amount up to $3,000, with funds to be taken from the Commissioners Contingency Fund, for work done the week of July 22-28, 2007. Unanimously approved. PRESENTATION OF 2-1-1 INITIATIVE Tom Kline, Project Manager for the Washington County Partnership for Children & Families (WCCP), and Suzi Borg, Frederick County Hotline, met with the Commissioners to inform them that the WCCP entered into a contract with the Mental Health Association of Frederick County to allow participation of the 2-1-1 pilot by Washington County by building the necessary infrastructure. Mr. Kline explained that the 2-1-1 telephone initiative will connect citizens with information and referral sources and hopefully reduce the number of inappropriate calls to the 9-1-1 center in the event of a natural or man-made disaster. Specifically, he stated that Frederick County has begun updating Washington County’s community resource guide, entering it into the State database, and will begin training intake operators. Ms. Borg explained that the pilot period is one year with five centers covering the State. She stated that the Local Management Board would be providing grant funding for pilot period. Commissioner Snook thanked them for the presentation and asked for a report on usage following the pilot period. APPROVAL TO FILL VACANCY – SOLID WASTE DEPARTMENT Motion made by Commissioner Munson, seconded by Nipps, to approve filling the Weigh Clerk/Recycling Assistant position at the Forty West Landfill. Unanimously approved. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Munson, to adjourn at 3:55 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk