COUNTY COMMISSIONERS OF CAROLINE COUNTY 109 Market Street, Room 106, Denton, Maryland. MINUTES October 17, 2017

Transcription

1 COUNTY COMMISSIONERS OF CAROLINE COUNTY 109 Market Street, Room 106, Denton, Maryland MINUTES October 17, 2017 Present: President Daniel J. Franklin; Vice President Larry C. Porter; Commissioner Wilbur Levengood, Jr.; County Administrator Ken Decker; and Chief of Staff, Sara Visintainer. President Franklin called for public comment and there was none. Proclamation of October 26, 2017 as Lights on Afterschool in Caroline County and Discussion of Recent Grant Award: Kat Stork, Deputy Director, Department of Recreation and Parks, thanked the Commissioners for allowing her, and the students that partake in afterschool programs, to attend their meeting. She stated that on Thursday, October 26th, our afterschool program will be participating in the annual Lights On Afterschool, a nationwide celebration of afterschool programs. Ms. Stork stated that they will be one of more than 8,000 sites across the nation sending the message that afterschool is key to children s success, and that we must keep the lights on and doors open after school. Parents, media, employers, neighbors, school officials and others have been invited to learn about our safe, stimulating afterschool programs. Here in Caroline County, more than 300 children benefit from afterschool through this partnership between Caroline County Recreation & Parks and Caroline County Public Schools and many other community organizations. Ms. Stork read the proclamation, stated October 26, 2017 as Lights on Afterschool in Caroline County, which was unanimously adopted by the Commissioners. Public Hearing: Ordinance #2017-2: Chapter 175 Zoning - Solar Energy Systems: Sara Visintainer, Chief of Staff, stated that Chapter 175-Zoning -Solar Energy Systems was drafted after the Commissioners enacted a temporary moratorium on solar energy projects. She reviewed the public processes held to date at both the work group and Planning Commission, as well as provided context regarding the preemption of zoning for utility-scale projects by the Maryland Public Service Commission. President Franklin stated that no one signed up to give public testimony, however the Commissioners have received written testimony both in favor and against Ordinance #2017-2, which will be included in the bill record. He stated if anyone would like to speak on this ordnance for them to state their name and address at the podium. The following citizens gave testimony: Stewart Margery, Denton, stated that he was not in favor of the ordinance. He stated that his concerns were due to the amount of acreage in the County that would be lost to solar projects. Robert Jarrell, Attorney, stated he was in favor of the ordinance and he has a relative who has committed her property to a solar project. He stated that the ordinance has detailed information in it which explains the limitations for these projects. He stated that there will also be a special use exceptions for any projects that will allow the public to testify on. He stated that this ordinance would be a positive step for Caroline County and allow them to generate some revenue, while allowing economic growth. Mathew Jones, Delaware resident, County farmer, stated that he is not in favor of the solar ordinance. He stated that he previously lived in Caroline County and has made a living off of agriculture. He stated that 3,000 acres of land is too much for Caroline County, and it will take up useful agriculture land that produces great crops. Mr. Jones stated that many farmers in Caroline County had already been contacted by a solar company to ask if they wanted to sell their property.

2 Stacy Hoffman, County Resident, stated that she has lived in Caroline County her entire life and makes a living off its amazing land. She stated that she does not want solar panels to be her view when looking out over farm land in her area. She stated that she is against the solar ordinance, and hopes the Commissioners work to preserve the beautiful land in Caroline County. Charles Cawley, County Resident, stated that he is in favor of the solar ordinance, however he would like the County to amend the 3,000-acreage limit and decrease it to a smaller number to start. Cyrus Tashakkori, Open Road Renewables, Inc., stated that he is in support of the ordinance and that he had the opportunity to sit it on the workgroups that drafted this tailored ordinance for Caroline County. Though he is a solar developer, he feels this is a balanced approach and explained that there are screening requirements for these projects to make sure they do so restrict neighboring views, as well as requirements which allows the land they are being put on to be used as agriculture land once the panels have been removed. Allen Metgar, County Resident, stated that his family has lived in Caroline County for over 50 years and he is in support of the project. He explained that he feels property owners should be allowed to make their own decisions regarding their property rights and solar projects. Mark Jones, County Resident, stated that he is against solar projects being used on agricultural land. He stated that his family makes a living from farming land in Caroline County, and he feels that this ordinance and projects in the future will have a negative impact on the land in Caroline County, as well as the population as a whole. Holly Rex, County Resident, stated that she is against the solar ordinance. She stated that solar panels stick out and are not pleasing to the eye. Ben Clark, County Resident, stated that it would be a detriment to take away 3,000 acres of farmable land from Caroline County residents to generate solar energy. He stated that he would feel better if the County reduced the acreage, however he is still against the ordinance. Brenda Bennet, County Resident, explained that she moved to Caroline County because it had an abundance of farmland and a beautiful environment. She stated that she works for an energy company and understand the issues that come from these projects. Diana Scott, County Resident, stated that she is not against solar projects all together, however she would like to see them added to roofs or structures, rather than on agriculture land. Jane Roads, County Resident, explained that she moved to Caroline County thirty years ago from Pennsylvania due to the abundance of land in Caroline County. She stated that she loves farmland and only want it to be used for farming. Harry Jones, County Resident, stated that he is against the solar ordinance and does not see why it needs to be done in Caroline County. The following testimony was received by the Commissioner s Office prior to the public hearing: John Brown, County Resident, stated that he is in favor of Ordinance # He stated that he supports the approach the County has taken of designating a cap of 2% of the County s agriculture land, and the net increase in tax revenue solar projects can provide to Caroline County.

3 Eric Cheezum, President, Agricultural Advisory Board, stated that the Agricultural Advisory Board is opposed to any commercial solar energy systems in Caroline County because they are a representative of Maryland Agricultural Land Preservation Foundation (MALPF), and they are bound to uphold terms governing that foundations easement grants. The Advisory Board hopes that Caroline County establish a stringent regulation of solar energy systems, especially with regard to their placement. Henry Caple, County Resident, stated that he is in full support of Ordinance # He stated that he appreciates the thoughtful and responsible approach taken by the Planning Commission, and the County Commissioners by drafting this ordinance. As a Caroline County land-owner, he is pleased that no more that 2% of existing agricultural land can be developed for solar energy systems. Commissioner Franklin stated that the Ordinance #2017-2, focuses on commercial projects, with most people being concerned about the large projects, which is where the County has the least control under State law and can be preempted by the Maryland Public Service Commission. He stated that if the Commissioners don t adopt an ordinance in some form, it won t have any local control over those projects and the State will make all the decisions about what is appropriate in terms of things like buffers, screening, and how much solar to allow in terms of overall acreage. Commissioner Porter stated that the Maryland Department of Assessment and Taxation attended several meetings with the solar work groups in order for the Commissioners to understand how the land would change from being taxed as agriculture to commercial. The Commissioners stated that there are no projects of 2 megawatts or above proposed in Caroline County to date. Ms. Visintainer stated that Ordinance # would be on the Commissioners October 31, 2017 agenda for a third reading with the potential of enactment. Ordinance #2017-3: Chapter 175 Zoning - Special Use Exceptions, Site Plan Approval: Ms. Visintainer stated that Ordinance # Special Use Exception, Site plan Approval, is for the purpose of clarifying that Special Use Exceptions are subject to Minor or Major Site Plan approval. She stated this has always been the intention, but that the language in the existing Code was not abundantly clear and that had caused some confusion in the past. The Planning Commission recommended making the change to add that clarity. Presidents Franklin called for those who signed up to give public testimony to please come to the podium: Ann Ogletree, County Resident, stated that she is in favor of the Ordinance, however she would like to see the Planning Commission review the site plan before the Board of Zoning Appeals issues a special use exception. There being no further public comment the public hearing was closed. Ms. Visintainer stated that Ordinance # would be on the Commissioners October 31, 2017 agenda for a third reading with the potential of enactment. The Commissioners took a brief recess. On motion by Commissioner Levengood, seconded by Commissioner Porter, the Commissioners unanimously convened in Legislative Session. Legislative Session Third Reading and Potential Enactment: Legislative Bill #2017-4: Chapter 166 Taxation Business Personal Property Taxation: Ms. Visintainer stated that is an act concerning business personal property taxation; for the purpose of amending Chapter 166 of the Code of Public Local Laws of Caroline County, Maryland; by repealing and re-enacting Article XII to exempt certain classes of

4 personal property from being subject to county property tax pursuant to Section of the Tax- Property Article of the Annotated Code of Maryland; specifying the classes of personal property subject to taxation. She explained that this would allow the County to collect business personal property tax on equipment used to generate energy, like solar panels, and that the legislation was the recommendation of the work group tasked with studying fiscal issues related to solar development. During the public hearing held on October 3, no testimony was received. One motion by Commissioner Porter, seconded by Commissioner Levengood, the Commissioners unanimously enacted Legislative Bill # The effective date will be December 1, 2017, forty-five days after enactment. On motion by Commissioner Porter, Seconded by Commissioner Levengood, the Commissioners reconvened in regular session. Discussion of St. Martins Ministries Grant Program and Funding: Margret Roe, Director, Office of Finance, stated that she has been working with Saint Martin s Ministries to help them apply for a $100,000 Community Development Block Grant to be used over a two-year period. The money would help support case management staffing for homelessness reduction. The only way Saint Martin s Ministries can receive this funding is through the County applying for the CDBG grant on their behalf. The grant application is due November 17, The County must legally hold a public hearing and advertise for that hearing in the local newspaper. The Commissioners indicated they were supportive of exploring this further and authorized staff to move forward. Update on Transition of Services: John Plaskon, CEO, Corsica River Mental Health Services, thanked the Commissioners for allowing him time on the agenda to give an update. He stated that Corsica River Mental Health Service started in 2008 in Centreville, and they have now expanded to St. Michael s and Cambridge. He stated that they serve all five counties with seven locations currently serving as treatment centers. Mr. Plaskon stated that the most recent office to open is located in the Town of Federalsburg. He stated that they are currently serving over 80 citizens and offer services of social workers, counselors, and psychiatrist. Mr. Plaskon stated that he feels Corsica River is currently meeting the needs of the counties and they will continue to provide services to the citizens, as well as communicate and keep a strong partnership with local health services in the area. The Commissioners thanked Mr. Plaskon for the update and the services his organization provides to county residents. Consent Agenda: the following items were approved by unanimous consent Emergency Solution Grant Agreement and Sub-Recipient Agreement for St. Martins Ministries Employment Agreement for Alcoholic Beverage Inspector (Moore) Agricultural Land Lease Agreements Property Located on Detour Road Reappointment to Planning Commission (Neal) Reappointment to trades Board (Greene) Thank You for Serving Planning Commission Letter (Bradley) County Administrator s Report Mr. Decker stated that Rachel Barry, Economic Development Coordinator, would be resigning as of November 1, 2017 to pursue a new career in the financial services industry. He stated that Ms. Barry would remain a part-time contractual employee until the end of the year to help the County transition Economic Development under new leadership. He stated that a contingency resolution would be drafted for a past employee who received health insurance for life under the terms of a previous contract. The County Attorney will draft an agreement with the employee stating that the obligation is extinguished from that point forward. The health insurance for life clause is no longer apart of county contracts.

5 Mr. Decker explained that he will have a final meeting next Thursday with the Pension Board and receive the final presentations from 457 plan providers. The group is focused on the higher level of services and savings that can be beneficial to the employees. He stated that the Commissioners will need to discuss income tax at the next work session. Mr. Decker informed the Commissioners that the Fraternal Order of Police requested to meet with him to discuss a compensation plan for the Sheriff s Office. Scott LeRoy, Health Officer, informed Mr. Decker that the septic issues in Hillsboro is moving forward and will be resolved within the week. County Commissioners Open Discussion Period: Commissioner Levengood stated that he went to the 40th Anniversary of the Maryland Delaware Railroad system, which was located in Federalsburg. Commissioner Porter stated that he attended a Board of Child Care meeting. He stated that the community outreach and involvement has improved, however there is still more to be done. He stated the Board received a 2% raise in their budget. President Franklin attended the Economic Development Half Time Report and stated that he also went to the Denton Lion s Club to discuss County updates. President Franklin called for public comment and Bob Chapel, county resident, came to the podium. Mr. Chapel stated that he believes solar faming could have a tipping point in Caroline County, and he does not want to see the County lose its agricultural land which makes it unique. There being no further discussion the Commissioners adjourned their meeting at 8:06 p.m. Jennifer M. Farina Administrative Coordinator