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HomeMy WebLinkAbout030610 June 10, 2003 Hagerstown, Maryland JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the Board of Education at 8:00 a.m. The following members of the Board of Education were present: Bernadette Wagner, Edward Forrest, Roxanne Ober, Russell Williams, Jacqueline Fischer, and Paul Bailey. Staff members present were Dr. Elizabeth Morgan, Superintendent of Schools; Dr. Patricia Abernethy, Deputy Superintendent of Schools; Dennis McGee, Director of Facilities Management; William Blum, Chief Operating Officer; Chris Carter, Director of Transportation; Christian South, Director of Budget & Finance; JoEtta Palkovitz- Brown, Executive Director of Elementary Education; and Boyd Michael, Executive Director of Secondary Education. Third Quarter Budget Adjustments Motion made by Commissioner Wivell, seconded by Nipps, to approve the following third quarter budget adjustments as requested by the Board of Education by decreasing the following categories: Administration - $42,205; Mid-Level Administration - $116,270; Other Instructional Costs - $19,220; Student Personnel Services - $4,215; Student Transportation Services - $8,610; Operation of Plant - $222,640; and Fixed Charges - $68,125; and to increase the following categories: Revenue - $367,915; Instructional Salaries - $326,590; Instructional Textbooks & Supplies - $242,490; Special Education - $197,320; Student Health Services - $2,500; and Maintenance of Plant - $80,300, for a total adjustment to the Fund Balance of $0. Unanimously approved. Independent Evaluation Report – Fountaindale Magnet Program Roger Giles reported on the Gifted and Talented Magnet Program at Fountaindale Elementary School. He reviewed the selection criteria and the composition of the classes. Mr. Giles indicated that there were 22 students in both the 2/3 class and the 4/5 class. He stated that Dr. Margaret Trader was hired as a consultant to provide an independent review of the first year of the program. She concluded that the Board of Education staff, faculty, and administration of Fountaindale Elementary School should be commended for the program, selection process, and criteria. Dr. Trader also conducted a parent satisfaction survey and found that parent satisfaction was high for the program. Mr. Giles also reviewed Dr. Trader’s recommendations on ways to improve the program. Mr. Giles informed the Commissioners that next year the gifted and talented program would be expanded to Emma K. Doub School for Integrated Arts and Technology. The meeting was then opened for questions from the Commissioners. They thanked Mr. Giles for his report. Sharing Resources/Services Roxanne Ober informed the group of the nine areas that she and Commissioner Wivell are reviewing for possible consolidation of operations between the Board of Education and the County. She stated that the discussions have included grass mowing, snow plowing, maintenance, technology, risk management, and safety. Ms. Ober explained that the Board of Education has a 40% higher rate of employees on workers’ compensation than other counties in the State. She asked if the County would work with them to address this issue. Mr. Blum informed the Commissioners that the Board’s FY 2004 budget includes resources for hiring an employee to administer a safety program. At this time, Brian Overcash, Safety Coordinator, reviewed the County’s safety program. Ms. Ober stated that she was disappointed when she heard that the Commissioners took action to advertise to fill the position of Director of Human Resources because it was one of the departments that they were considering for consolidation. She explained that this action “closed the door” on those discussions. Commissioner Snook explained that the Commissioners felt that they needed to fill the position but stated that the County was still willing to discuss ways to consolidate. After discussion, it was the consensus of both boards to send a joint letter to selected human resources officials in the community to ask them to evaluate the feasibility of combining the human resource departments of the County and the Board of Education. They also agreed to approach the City of Hagerstown to see if they would like to be included in JUNE 10, 2003 PAGE TWO discussions regarding development of a county-wide model for a risk management program. RECESS The Commissioners recessed at this time and reconvened in the County Commissioners’ Meeting Room at 9:50 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:30 a.m. by President Gregory I. Snook with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, 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. PUBLIC HEARING – PROPOSED ENACTMENT OF “AN ORDINANCE TO PROVIDE FOR A BUILDING EXCISE TAX IN WASHINGTON COUNTY, MARYLAND” The Commissioners conducted a public hearing at 10:00 a.m. in order to permit any resident of Washington County to appear and testify concerning the proposed enactment of an ordinance pursuant to Chapter 468 of the 2003 Acts of the General Assembly entitled “An Ordinance to Provide for a Building Excise Tax in Washington County, Maryland.” The revenues from the building excise tax may be used for school renovation and construction, public safty capital expenditures, public infrastructure projects, and debt reduction. Commissioner Snook stated that the Ordinance would impose an excise tax of $1.00 per square foot on the construction of multi-family units (semi-detached, two-family, townhouse, and multi-family units) and a graduated multi-year rate on single- family homes of $0.25 per square foot for fiscal year 2004, $0.50 for fiscal year 2005, and $0.75 for fiscal year 2006. The meeting was then opened for public comment. After hearing all testimony, it was announced that the record would remain open for seven (7) days to allow additional evidence to be submitted in writing. The hearing was adjourned at 10:20 a.m. PUBLIC HEARING – PROPOSED ENACTMENT OF “AN ORDINANCE TO PROVIDE FOR A REAL PROPERTY TRANSFER TAX IN WASHINGTON COUNTY, MARYLAND” The Commissioners conducted a public hearing at 10:20 a.m. in order to hear testimony concerning the proposed enactment of an ordinance pursuant to Chapter 468 of the 2003 Acts of the General Assembly entitled “An Ordinance to Provide for a Real Property Transfer Tax in Washington County, Maryland.” The proposed ordinance would impose a tax of .5% on transfers of properties with an exemption for the first $50,000 of consideration. Commissioner Snook stated that the revenues from the tax may be used only for school renovation and construction, public safety, including grants and loans to volunteer fire and rescue companies for capital expenditures, transportation projects, and debt reduction. The meeting was then opened for public comment. Dennis Weaver, Clerk of the Circuit Court, asked that the Commissioners give a minimum of three weeks notice to allow for the real estate title industry to make the necessary changes to implement the new tax. After hearing all testimony, it was announced that the record would remain open for seven (7) days to allow additional evidence to be submitted in writing. The Commissioners also discussed a recommendation to implement the tax in the same manner as the State by exempting senior citizens and first-time home buyers, rather than exempting the first $50,000 from consideration. The hearing was adjourned at 10:45 a.m. CITIZENS PARTICIPATION Scott Frey expressed his concerns about a water retention pond in his neighborhood. He stated that the pond does not meet the County’s requirements and that the fencing around the pond is not complete. Mr. Frey submitted letters and pictures of the area. He also expressed concerns about the instability of the rip-rap around the pond. Commissioner Snook directed staff to address and resolve the situation. JUNE 10, 2003 PAGE THREE Dave & Judy Grier appeared before the Commissioners regarding the flow of water through their property due to the recent heavy rains. They stated that they believe the drainage is inadequate and the outlet through Trovinger Mill Road is not sufficient to handle the flow. Commissioner Snook assured them that all developments have to meet County regulations and that he will have staff review the problem to see if there is anything they can do. Sandy Schultz also spoke to the Commissioners about problems she is having with water drainage. She stated that she cannot get into her house because of flooding. Henrietta Livelsburger, speaking on behalf of the Citizens for the Protection of Washington County, asked that the Commissioners not grandfather any developments from the moratorium and recommended that no no developments be approved if they do not comply with the current Comprehensive Plan. Elizabeth Vahey presented information on the eight developments that are under consideration. She recommended not grandfathering any of the developments that submitted preliminary consultation documents during the informational stages for the revised Comprehensive Plan. Dominick and Paul Perini, representing Marsh Road Associates, spoke in favor of grandfathering their Glen Erin development and stated that it does have access to water and sewer service. Denise Troxell expressed concerns regarding new developments and whether they would add to the water problems in the South County area. Carroll Earp asked if the Commissioners would accept written comments on the implementation of the excise and transfer taxes. Commissioner Snook stated that they would accept comments until next Tuesday. Jim Laird commented on the stormwater management ponds and the proposed excise tax. ENGINEERING REVIEW FEES Gary Rohrer, Director of Public Works, and Terry McGee, Chief Engineer, met with the Commissioners to request their approval to add two positions to the Engineering Department staff. Mr. Rohrer stated that, due to the substantial amount of residential growth, the Engineering Department is experiencing an enormous backlog in its projects. Mr. McGee distributed information on fees charged by adjacent counties and the City of Hagerstown for typical one-acre residential lots. Mr. McGee stated that he believes that the problem can be addressed by adding a second Plan Reviewer to focus primarily on traffic impact analysis and a third field inspector. Mr. Rohrer expressed concern with the workload taken on by those in key positions and stated that site plan reviews are now taking a minimum of four weeks from the time of submission. He suggested that adjustments in the fee structure can help pay for the new positions without impacting the General Fund. The meeting was then opened for questions and discussion. The Commissioners asked for additional information on the fee structure being proposed. After discussion, it was the consensus of the Commissioners to proceed in advertising for a Plan Reviewer and Field Inspector for the Engineering Department. RECESS – LUNCH & GRAND OPENING OF RIDER JET CENTER The Commissioners recessed at 11:48 a.m. in order to attend a luncheon and the grand opening of the Rider Jet Center at the Hagerstown Regional Airport. AFTERNOON SESSION The afternoon session was called to order at 1:34 p.m. by President Gregory I. Snook, with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, and Doris J. Nipps. JUNE 10, 2003 PAGE FOUR FOURTH AMENDING RESOLUTION – ST. JAMES PARK SPECIAL TAXING DISTRICT Mac Davis, Davis Renn & Associates, introduced his staff and Rick DeGorter, owner of the St. James Park property. He stated that the development is now known as “Westfields.” Mr Davis provided an overview of the project and stated that the proposed golf course was removed from the development due to concerns in the community about water usage. Timmy Ruppersberger, Bond Counsel, explained the special taxing district legislation. She informed the Commissioners that on November 7, 2000, the County Commissioners adopted a resolution creating a special taxing district in order to encourage and promote the development of a residential community to be known as the “St. James Park Special Taxing District.” The County determined to apply the special tax revenues and the proceeds of any bonds issued to provide improvements for the benefit of the property within the St. James District. The Commissioners adopted a resolution on September 11, 2001 to extend the time period of issuance of the bonds to June 1, 2002. A Third Amending Resolution extended the time period to June 10, 2003. Fran Busby, an underwriter from Prager, McCarthy and Sealy, provided examples of how a development district can be used. She stated that the special taxing district is a voluntary tax used as a tool to make sure that the benefited lands pay for growth. Mr. DeGorter stated that the project would be done in two phases and that the infrastructure would be provided up front. He noted that their objective is not to take the entire extension being requested, but expect to have it proceed in six months. The meeting was then opened for discussion. Motion made by Commissioner Wivell, seconded by Kercheval, not to extend the time period for the St. James Special Taxing District. Motion carried with Commissioners Wivell and Kercheval voting “AYE” and Commissioner Nipps voting “NO.” SUBMISSION OF EARLY ACTION COMPACT DOCUMENT Motion made by Commissioner Kercheval, seconded by Wivell, to approve the submission of the draft of the Early Action Compact candidate strategies to the Environmental Protection Administration for air quality strategies to address air quality non-attainment for 8-hour ozone standards. Unanimously approved. APPROVAL OF MINUTES – JUNE 3, 2003 Motion made by Commissioner Wivell, seconded by Kercheval, to approve the minutes of the meetings of June 3, 2003, as amended. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the County is going to have a team to participate in United Way’s “Day of Caring” on August 27. Commissioner Snook agreed to be a part of the County team. COMMISSIONERS REPORTS AND COMMENTS Commissioner Nipps reported on the meetings of the Historic District Commission, Recreation and Parks Board, and the Historical Advisory Committee. She stated that she was a guest on WHAG’s radio show. Commissioner Wivell reported on the PenMar Development Corporation meeting. Commissioner Kercheval reported on the meeting of the Western Maryland County Commissioners and the Planning Commission’s workshop on rezoning issues. Commissioner Snook informed the Commissioners that he was notified by the Maryland Department of the Environment that Engineered Polymer Solutions has received approval for the construction of new resin reactor system. He stated that he met with Secretary Lewis Riley from the Department of Agriculture, along with the Agricultural Education Center Board of Directors, to request additional land for the Agricultural Education Center. Commissioner Snook informed the Commissioners that the State’s JUNE 10, 2003 PAGE FIVE Attorney’s Office received a grant from Public Safety and Correctional Services in the amount of $1,400. COMMUNITY DEVELOPMENT BLOCK GRANT – APPLICATION SUBMISSIONS Motion made by Commissioner Wivell, seconded by Kercheval, to approve the submission of two applications for Community Development Block Grant (CDBG) funds. Unanimously approved. CITIZENS OF THE MONTH – BRIAN & CHRISTINE STOOPS The Commissioners honored Brian and Christine Stoops as the Citizens of the Month for May 2003. Commissioner Nipps presented them with a certificate for their work with the Board of Education’s Home and Hospital Instruction Program. She stated that the program provides an average of 30 hours of instruction per week to students who have physical illnesses, psychological problems or disabilities that preclude normal in- class learning. Commissioner Nipps also noted that the Stoops tutor girls at San-Mar Children’s Home. Mr. and Mrs. Stoops thanked the Commissioners for the honor and stated that they would accept it on behalf of all volunteers. PRELIMINARY CONSULTATION STATUS – NON-GROWTH AREAS Robert Arch, Director of Planning & Community Development, met with the Commissioners to continue discussions on the list of projects in the rural areas which have not been advancing because of the moratorium on major subdivisions on non-growth areas that is in place. Mr. Arch reviewed the information on the timeframes of the process including informational meetings, public hearings, and adoption of recommendations. The meeting was then opened for discussion. Commissioner Kercheval stated that he believes that October 29, 2002, the date the moratorium was enacted, was the cut-off date and that he has not changed his opinion. Commissioner Snook stated that Commissioner Munson provided him with a signed statement that he was in favor of grandfathering all eight of the projects listed that have not been advancing due to the moratorium. Motion made by Commissioner Kercheval, seconded by Wivell, to approve grandfathering the eight subdivisions in question (PC- 01-004, PC-01-006, PC-02-004, PC-02-014, PC-02-015, PC-02-018, PC-02-020, and PC-02-021) from the moratorium on major new residential developments outside the growth area, contingent upon their receiving preliminary plat approval by October 31, 2003. Motion carried with Commissioners Kercheval, Wivell, and Snook voting “AYE” and Commissioner Nipps voting “NO.” CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Nipps, to convene in closed session at 3:14 p.m. to discuss matters that relate to collective bargaining negotiations, consider the acquisition of real property for a public purpose and matters directly related thereto, discuss the appointment of officials over whom it has jurisdiction, consult with staff about pending and potential litigation, and consult with counsel to obtain legal advice, 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 Wivell, to reconvene in open session at 5:11 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel issues, consulted with counsel to obtain legal advice on three (3) matters, consulted with staff about pending and potential litigation, considered the acquisition of real property for a public purpose and matters directly related thereto, and discussed the appointment of officials over whom it has jurisdiction. 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 Shoop, County Administrator; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Terry McGee, Chief Engineer; and Ted Wolford, Highways Superintendent. JUNE 10, 2003 PAGE SIX ADJOURNMENT Motion made by Commissioner Nipps, seconded by Kercheval, to adjourn at 5:11 p.m. Unanimously approved. , County Administrator , County Attorney , Clerk