BOARD OF COUNTY COMMISSIONERS AGENDA October 25, :00 A.M. HOPEWELL MANOR EXPANSION PROJECT Jason Divelbiss (attachment)

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1 Terry L. Baker, President Jeffrey A. Cline, Vice President John F. Barr Wayne K. Keefer LeRoy E. Myers, Jr. 100 West Washington Street, Room 226 Hagerstown, MD P: F: BOARD OF COUNTY COMMISSIONERS AGENDA October 25, :00 A.M. CLOSED SESSION (To discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; or any other personnel matter that affects one or more specific individuals; to consult with staff, consultants, or other individuals about pending or potential litigation; and to consult with counsel to obtain legal advice on a legal matter.) 9:45 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER, President Terry L. Baker APPROVAL OF MINUTES October 11, :50 A.M. REPORTS FROM COUNTY STAFF 10:00 A.M. HOPEWELL MANOR EXPANSION PROJECT Jason Divelbiss (attachment) 10:20 A.M. MAIORANA-KOZLOVSKY-JAEHNIGEN RURAL LEGACY PROGRAM EASEMENT Eric Seifarth (related documentation) 10:30 A.M. MARYLAND SUSTAINABILITY AWARD RECOGNITION TO THE DIVISION OF ENVIRONMENTAL MANAGEMENT Julie Pippel 10:35 A.M. CITIZENS PARTICIPATION 10:45 A.M. Depart for 1260 Security Road, Hagerstown 11:00 A.M. HOLCIM HAGERSTOWN PLANT MODERNIZATION RIBBON CUTTING CELEBRATION LOCATION: 1260 SECURITY ROAD, HAGERSTOWN 2:00 P.M. Depart for Yale Drive 3:00 P.M. YALE DRIVE RIBBON CUTTING CEREMONY LOCATION: YALE DRIVE, HAGERSTOWN 4:30 P.M. Break Continued next page Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting. Notice is given that the Board of County Commissioners of Washington County, Maryland will meet in closed session to discuss personnel matters, to consult with counsel, to obtain legal advice, and to discuss businesses moving into the county from outside the state in accordance with Section State Government Article, Annotated Code of Maryland.

2 EVENING MEETING AT THE MAUGANSVILLE RURITAN CLUB LOCATION: MAUGANS AVE., MAUGANSVILLE, MD :00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER, President Terry L. Baker 7:05 P.M. COMMISSIONERS REPORTS AND COMMENTS 7:15 P.M. REPORTS FROM COUNTY STAFF 7:20 P.M. CITIZENS PARTICIPATION Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting. Notice is given that the Board of County Commissioners of Washington County, Maryland will meet in closed session to discuss personnel matters, to consult with counsel, to obtain legal advice, and to discuss businesses moving into the county from outside the state in accordance with Section State Government Article, Annotated Code of Maryland.

3 Board of County Commissioners Agenda Report Washington County, Maryland From: Jason Divelbiss, Esq. Open Session Presentation By: Jason Divelbiss, Esq. Presentation Date: October 25, 2016 Subject: Recommendation to the City to provide water and wastewater service to the Hopewell Manor expansion project. Recommended Motion: I move that the Board support the provision of water and wastewater services to the project by the City of Hagerstown pursuant to Exception #8 of the City s Water and Wastewater Policy and recommend such action to the Mayor and City Council. Report-in-brief: The City s Water and Wastewater Policy allows extension of service outside of the City s Medium or Long-Range Growth Area without an exception (Exception #8), granted by the Mayor and City Council, to extend such service at the recommendation of the Board of County Commissioners and the County Administrator. Discussion: The existing Hopewell Manor, 64-unit apartment community is located on +/ ac. (TM 48, Parcels 792 & 525) adjacent to the north side of Hopewell Road just to the west of I-70. Hopewell Manor is currently served by City of Hagerstown public water service. The proposed four (4) building expansion, for which the new connection is needed, consists of an additional 60 apartment units located on the +/- 8.5 ac. (TM 48, Parcels 594 & 30) adjacent to Hopewell Manor and directly abutting I-70. Although the expansion project is located outside the Hagerstown Medium-Range Growth Area, it meets the requirements of the new Exception #8 to the City s Water and Wastewater Policy namely: 1) is an affordable housing project restricted to households with annual incomes equal to or less than 80% of the Area Median Income (AMI); 2) is located in close proximity to the Hopewell Valley economic development target area; and 3) is located adjacent to existing City water infrastructure. The applicable Exception #8 to the City s Water and Wastewater Policy requires the developer to request the input and recommendation of 1) the Board of County Commissioners; and 2) Washington County Administrator. Per County Administrator Policy CA-01, Agenda Policy, Effective July 1, 1998

4 The sixty (60) unit expansion project will be subject to all applicable zoning, subdivision, site plan and other land-use rules, regulations and review procedures, including the County s Adequate Public Facilities Ordinance. Concurrences (If Applicable): Fiscal Impact (If Applicable): Alternatives (If Applicable): Gregory Murray, County Administrator N/A N/A Attachments: October 12, 2016 letter and attachments from Andrew Wilkinson of Divelbiss & Wilkinson, Attorneys at Law on behalf of the project developer Pax-Edwards, LLC Per County Administrator Policy CA-01, Agenda Policy, Effective July 1, 1998

5 Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: Maiorana-Kozlovsky-Jaehnigen Rural Legacy Program (RLP) Easement PRESENTATION DATE: October 25, 2016 PRESENTATION BY: Eric Seifarth, Rural Preservation Administrator, Dept. of Planning & Zoning RECOMMENDED MOTION: Move to approve the Virginia C. Maiorana, Valerie A. Kozlovsky, Thomas A. Maiorana, Celeste I. Maiorana, and Linda J. Jaehnigen RLP Easement project, in the amount of $173, for easement acres, paid for 100% by the State and to adopt an ordinance approving the easement purchase and to authorize the execution of the necessary documentation to finalize the easement purchase. REPORT-IN-BRIEF: The Maiorana-Kozlovsky-Jaehnigen property is located on Park Hall Road, Boonsboro. The Rural Legacy Easement will protect a parcel that is majority woodland and provide a buffer on two streams. Additionally, four development rights will be extinguished with this easement. Since 1998, Washington County has been awarded nearly $18 million to purchase Rural Legacy easements on more than 5,600 acres near Antietam Battlefield in the Rural Legacy Area. RLP is a sister program to the Maryland Agricultural Land Preservation Program (MALPP), and includes the protection of environmental and historic features in addition to agricultural parameters. RLP uses an easement valuation system (points) to establish easement value rather than appraisals used by MALPP. DISCUSSION: For FY 2016, Washington County was awarded RLP grants totaling $990,000. The Maiorana-Kozlovsky-Jaehnigen RLP Easement uses a part of those funds. Easement applicants were previously ranked based on four main categories: the number of development rights available, the quality of the land/land management (agricultural component), natural resources (environmental), and the historic value. FISCAL IMPACT: RLP funds are 100% State dollars, mainly from DNR Open Space funds. In addition to the easement funds, we receive up to 3% of the easement value for administrative costs, a mandatory 1.5% for compliance/monitoring costs, and funds to cover all of our legal/settlement costs. CONCURRENCES: Both the State RLP Board and the State Department of Natural Resources (DNR) staff have approved and support our program. A final money allocation will be approved by the State Board of Public Works.

6 ALTERNATIVES: If Washington County rejects State funds for RLP, the funds will be allocated to other counties in Maryland. ATTACHMENTS: Aerial Map, Location Map, RLP Info Sheet, Ordinance AUDIO/VISUAL NEEDS: PDF map of the proposed easement

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20 Rural Legacy Program (RLP) Information Purpose of Program: RLP seeks to protect farmland and open space which contains significant agricultural, environmental and cultural/historic features. The Maryland Department of Natural Resources (DNR) funds the program and protects land mainly with the use of permanent easements. However, the Board of County Commissioners (BOCC) of Washington County is the holder of RLP easements. Easement Valuations: The price paid for permanent easements is determined using a valuation worksheet. The more of the above listed features on the property, the higher the easement values. Priority of Properties: As with most programs of this sort, there is a chronic shortage of funds available. Therefore, properties that are contiguous to existing permanently protected land are given priority. Other priorities include: prime agricultural lands; prime woodland (CREP is encouraged); land with environmental features needing protection such as endangered species, streams, sinkholes, and properties with historic value such as Antietam Battlefield area. Processing of Applications: Each year, Washington County applies to DNR for RLP funding. Negotiations then begin with landowners who have expressed interest in the program. There are many steps until easement settlement occurs and the process takes about a year to complete once properties are chosen for processing. After the BOCC approves the applications, the Board of Public Works in Annapolis makes final selections for funding. For More Information: Contact Eric Seifarth using information in the above letterhead or by eseifarth@washco-md.net I:LandPreservation/RuralLegacy/basicinformation.doc

21 Maiorana Aerial PARK H ALL RD DoIT, MD imap, MDP The parcel lines shown on this map are derived from a variety of sources which have their own accuracy standards. The parcel lines are approximate and for informational purposes ONLY. They are not guaranteed by Washington County Maryland or the Maryland Department of Assessments and Taxations to be free of errors including errors of omission, commission, positional accuracy or any attributes associated with real property. They shall not be copied, reproduced or scaled in any way without the express prior written approval of Washington County Maryland Planning and Zoning Department. This data DOES NOT replace an accurate survey by a licensed professional and information shall be verified using the relevant deeds, plats and other recorded legal documents by the user ,000 Feet 0.15 Miles Printed: Wednesday, October 12, 2016 Printed by: cboggs

22 Maiorana Location MOSER RD ROHRERSVILLE RD Rural Legacy PARK HALL RD Ag Districts AMOS REEDER RD LAMBS KNOLL RD SMITH RD CREP ROHRERSVILLE RD Rural Legacy Legend The parcel lines shown on this map are derived from a variety of sources which have their own accuracy standards. The parcel lines are approximate and for informational purposes ONLY. They are not guaranteed by Washington County Maryland or the Maryland Department of Assessments and Taxations to be free of errors including errors of omission, commission, positional accuracy or any attributes associated with real property. They shall not be copied, reproduced or scaled in any way without the express prior written approval of Washington County Maryland Planning and Zoning Department. This data DOES NOT replace an accurate survey by a licensed professional and information shall be verified using the relevant deeds, plats and other recorded legal documents by the user. Conservation Reserve Enhancement Program AG District MALPF AG Easement Rural Legacy Area Properties ,700 2,550 3,400 4, Miles Feet Printed: Wednesday, October 12, 2016 Printed by: cboggs

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