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HomeMy WebLinkAbout030909 September 9, 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, 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; Christian South, Director of Budget & Finance; JoEtta Palkovitz-Brown, Executive Director of Elementary Education; and Boyd Michael, Executive Director of Secondary Education. Fourth Quarter Budget Adjustments Motion made by Commissioner Wivell, seconded by Nipps, to approve the following fourth quarter budget adjustments as requested by the Board of Education by decreasing the following categories: Administration - $121,810; Mid-Level Administration - $35,839; Instructional Salaries - $149,601; Other Instructional Costs - $32,834; Special Education - $183,950; Student Personnel Services - $542; Student Transportation Services - $91,415; Operation of Plant - $71,539; Capital Outlay - $18,933; and Fixed Charges - $63,498; and to increase the following categories: Revenue - $66,890; Instructional Textbooks & Supplies - $158,887; Student Health Services - $2,976; and Maintenance of Plant - $69,437, for a total adjustment to the Fund Balance of $605,551, contingent upon the fund balance being used for one-time expenses. Unanimously approved. Capital Improvement Program (CIP) Funding Request Dennis McGee, Director of Facilities Management, and William Blum, Chief Operating Officer, informed the Commissioners that there is an $250 million backlog of eligible projects in the State and a decline in State Public School Construction Program funds. They requested that these projects be funded locally. Mr. McGee stated that the planning approval for Maugansville Elementary School and the balance of funding for Salem Avenue Elementary School are in jeopardy. They also reviewed the current CIP for the school system for 2004-2010. Mr. McGee outlined an alternate plan to deal with the decline in State funding. He formally requested an increase in the local CIP funding from $5 million per year to $10 million per year beginning in 2005 to address future enrollment needs. The meeting was opened for questions and discussion. Commissioner Snook stated that the Commissioners want to get a “feel” for what revenue will be generated by the new transfer and excise taxes and stated that they do not want to over-commit to the Board of Education and not be able to meet the obligation. The Commissioners took the request under consideration. Adequate Public Facilities Ordinance (APFO) - Response to Proposed Modifications Mr. McGee reviewed the proposed modifications to the APFO. He presented the following response to each proposal: 1) Definition of Current Enrollment – include pre-kindergarten at actual levels, not just mandated levels. 2) Multiplier for Elementary Schools – The APFO needs to support the County goals of 21 students per class, so the multiplier should be changed to 85% to accommodate this goal. 3) Pupil yield calculation – use census data households as denominator and exclude seasonal units. This will produce a total yield of .41 and is consistent with the Tischler Report of .42. 4) Cost of School Construction per student – Full-cost recapture that includes the cost of cafeteria, media center and other infrastructure consistent with the Tischler Report. Based on actual costs and an assumed square footage per student based on IAC standards (total cost of $15,870 per student). 5) Restriction of revenue to supplement CIP – restrict revenue derived from APFO to supplement existing Board of Education CIP. Also, accommodate changing priorities to allow flexibility as to use. The Commissioners thanked Mr. McGee for the information. Board of Education – Request for Support for Revenue Bond Authority Mr. Blum explained that the Board of Education is considering requesting authority to issue revenue bonds. He stated that this authority would allow them to expand the CIP without impacting the County debt SEPTEMBER 9, 2003 PAGE TWO limitations. Mr. Blum indicated that it would accelerate CIP projects and reduce interest costs by issuing at the State’s “AAA” rating compared to the County’s “A” rating. He stated that the current level of capital funding is inadequate. Mr. Blum requested that the Commissioners continue to fully fund the local portion of the CIP; fully support their bond authority initiative by contacting the local delegation and assist in crafting the legislation; and identify a separate revenue item to service the debt and restrict these funds to support the $1.7 million annual debt service payment of the Board of Education. The meeting was then opened for questions. It was the consensus of the Commissioners to take the request under consideration. Dr. Morgan asked to provide an alternative recommendation for funding if they find that this proposal is not acceptable. Sharing Resources/Services Roxanne Ober informed the Commissioners that she and Commissioner Wivell have drafted a letter for both boards to send jointly to local companies in the County to see if they would be willing to partner with the County and Board of Education by serving on a panel to determine if it is feasible to consolidate the Human Resource functions of both entities. The Commissioners agreed that they would like to review the names of the companies prior to sending the letter. Bernadette Wagner invited the Commissioners to attend their September 16 meeting when the Board is presenting its master plan. RECESS The Commissioners recessed at 9:30 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:40 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. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Nipps, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – AUGUST 26, 2003 Motion made by Commissioner Wivell, seconded by Nipps, to approve the minutes of the meeting of August 26, 2003, as amended. Unanimously approved. COMPREHENSIVE REZONING OF RURAL AREAS AND RELATED AMENDMENTS TO THE COMPREHENSIVE PLAN Stephen Goodrich, Interim Planning Director, appeared before the Commissioners to review the rezoning of rural areas and the related amendments to the Comprehensive Plan. Mr. Goodrich stated that the new Comprehensive Plan was adopted on August 27, 2002, and implementation of a significant portion of the recommendations regarding land use will be through amendments to the Zoning Ordinance. He then reviewed the descriptions of the zoning classifications and previewed the amendments that will be presented at the joint public hearing on September 15. He concentrated his presentation on the rural zonings, which include Agricultural, Environmental Conservation, Preservation, Rural Village, and Rural Business (existing and new). Mr. Goodrich indicated that the most significant aspect of the proposed amendment is the reduction in permitted housing density in the rural areas. The meeting was then opened for questions. Commissioner Nipps noted that the Historic District Commission endorsed the Rural Village Zoning classification as outlined. NATIONAL REGISTER NOMINATIONS – LEITERSBURG HISTORIC DISTRICT Stephen Goodrich, Interim Planning Director, met with the Board to present applications for the nomination of the “Leitersburg Historic District,” “Rockledge,” the “Daniel Donnelly House,” and “Keefauver Place” to the National Register of Historic Places. Mr. Goodrich reviewed the applications and stated that Washington County, as a SEPTEMBER 9, 2003 PAGE THREE Certified Local Government, is permitted to recommend properties for nomination. He then reviewed the eligibility criteria for placement on the National Register and how property each met these criteria. Mr. Goodrich indicated that the Historic District Commission recommended the applications for approval. He stated that the designation would allow the property owners to apply for state and federal tax credits. The meeting was then opened for discussion and questions from the Commissioners regarding the applications. Commissioner Snook then opened for comments from individual property owners and Leitersburg district. Motion made by Commissioner Wivell, seconded by Nipps, to concur with the Historic District’s Commission’s recommendation to submit the applications to the Maryland Historical Trust for nomination to the National Register of Historic Places for the “Leitersburg Historic District,” “Rockledge,” the “Daniel Donnelly House,” and “Keefauver Place.” Unanimously approved. Presentation to Batten’s Disease & Research Fund Commissioner Snook recognized the efforts of County employees who donated $1,056 to the Batten’s Disease & Research Fund in memory of Kevin Lumm, son of County employee Vicki Lumm, who died on August 12, 2003. Marty and Vicki Lumm thanked Tina Rupert, who organized the fund drive, the employees for their contributions, and the County for the health and family leave benefits it provides. CITIZENS PARTICIPATION Dominick Perini stated that his request to have the status of his Glen Erin housing project changed was not on the Planning Commission’s September agenda for consideration. He asked whether the Commissioners would be making a decision on this matter before the October 6 meeting. After discussion, the Commissioners stated that would take it under consideration and get back to him with a decision. Robin Biser, representing the Cascade Committee, and Carrie Gouff, representing the representing the Chewsville, Leitersburg, Smithsburg Athletic League, Inc. (“CSL, asked ”) about various issues with respect to the PenMar Development Corporation (PMDC). Ms. Gouff asked if the CSL would be able to use the gymnasium at Fort Ritchie and stated that she needs to have an answer by September 30. Commissioner Wivell informed her that the PMDC Board met last week. However, he could individually poll members once the documentation is completed for them to review. Ms. Biser informed the Commissioners of the rumors in the area regarding PMDC and stated that she feels the Commissioners should start over and appoint a new board. She also asked that they investigate allegations they have been made regarding both PMDC employees and board members. Denise Troxell spoke in support of the Comprehensive Plan and emphasized her concerns about water contamination in light of increased development in the County. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, asked the Commissioners to provide him with dates and times when they would be available to participate in work sessions regarding amendments to the Adequate Public Facilities Ordinance. He reminded the Commissioners of the meeting with the Chamber of Commerce and Greater Hagerstown Committee on September 11. INTERGOVERNMENTAL COOPERATIVE PURCHASES - DEPARTMENT OF EMERGENCY SERVICES – EMERGENCY SERVICES/BIO-TERRORISM PERSONNEL PROTECTIVE EQUIPMENT Karen Luther, Purchasing Agent, informed the Commissioners that the Department of Emergency Services would like to “piggyback” a bid awarded by Arlington County, Virginia, Bid #272-02, for equipment priced at twenty-five percent below list price. The Department would purchase (219 ea.) AV-3000, full-face piece respirator masks at $174.75 each; (648 ea.) respirator filter canisters at $20.25 each; and (311 ea.) mask to filter adapters at $24.75 each from Allsafe/ M.E.S. The cost of the equipment SEPTEMBER 9, 2003 PAGE FOUR is paid through the Domestic Preparedness Grant Funding. She stated that Section 1-106.3 of the Code of Public Local Laws granted authorization for the County to procure goods or services entered into by other governmental entities. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the resolution to purchase emergency services/bio- terrorism personnel protective equipment for the Department of Emergency Services by “piggybacking” onto a contract awarded by Arlington County, to Allsafe/M.E.S for the price of $59,089.50. Unanimously approved. (A copy of the adopted resolution is attached.) BID WITHDRAWAL – JANITORIAL SERVICES FOR WASHINGTON COUNTY OFFICE BUILDINGS Karen Luther, Purchasing Agent, informed the Commissioners that Kaleidoscope Cleaning Company, Inc. (KCCI) has asked to withdraw its bid as awarded by the Board on August 26, 2003. They have requested this action since they only received the award for one small location and had anticipated being awarded at least two of the small locations. Ms. Luther recommended that the Commissioners consider sanctions against KCCI and award the contract to the next lowest responsible, responsive bidder, Global Services Corp. under Option 1 for Location No. 6 (Solid Waste Department offices) in the amount of $4,882.40. KCCI has agreed to make arrangements to pay the additional expense if they are allowed to withdraw the bid. Motion made by Commissioner Wivell, seconded by Nipps, to approve the request of Kaleidoscope Cleaning Corp., Inc. (KCCI) to withdraw its bid for janitorial services at County offices (Location No. 6) and to impose the sanction that KCCI pay the difference of $2,002.40 between the low bid and next lowest bidder, Global Services, and to then award the contract for janitorial services at Location No. 6 to Global Services Corp. Unanimously approved. INTERGOVERNMENTAL COOPERATIVE PURCHASE OF TWO SERVERS FOR THE INFORMATION TECHNOLOGIES DEPARTMENT Karen Luther, Purchasing Agent, informed the Commissioners that the Information Technologies Department (IT) would like to “piggyback” a bid awarded by Western States Contracting Alliance (WSCA) for two Poweredge 6650 Servers from Dell Computer/Marketing Corp in the amounts of $26,008 and $27,118, respectively. She stated that Section 1-106.3 of the Code of Public Local Laws granted authorization for the County to procure goods or services entered into by other governmental entities. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the resolution to purchase two Poweredge 6650 Servers from Dell Computer/Marketing Corp. in the total amount of $53,126 for the Information Technologies Department by “piggybacking” onto a contract awarded by the Western States Contracting Alliance. Unanimously approved. (A copy of the adopted resolution is attached.) APPROVE TRANSFER OF ALLOCATION – 2002 “ON BEHALF OF” (OBO) GOVERNMENT HOUSING PROGRAM Motion made by Commissioner Munson, seconded by Nipps, to assign Washington County’s 2003 housing bond allocation in the amount of $3,510,000 to the Community Development Administration for use in the On Behalf of (OBO) Program for first-time homebuyers. . Unanimously approved APPROVAL OF AGRICULTURAL LAND PRESERVATION EASEMENT PAYMENT Eric Seifarth, Agricultural Planner, informed the Commissioners that the Maryland Agricultural Land Preservation Foundation (MALPF) contacted Washington County regarding remaining funds from the FY 2003 easement cycle (second round). The MALPF Board approved making an offer to Arthur Litton, a Clear Spring farmer, for an easement payment. Mr. Litton is willing to settle for a discounted $288,000, but MALPF has asked that Washington County make up the difference of $71,309.99 from the County’s agricultural transfer tax fund with flexibility to pay over a two-year period. SEPTEMBER 9, 2003 PAGE FIVE Motion made by Commissioner Munson, seconded by Nipps, to approve the request to utilize $71,309.99 from the agricultural transfer tax funds for an agricultural land preservation easement payment to Arthur Litton. Unanimously approved. COMMISSIONERS’ REPORTS & COMMENTS Commissioner Nipps reported on the meetings of the Historic District Commission and Recreation & Parks Board. Commissioner Nipps informed the Commissioners that the Board of Education would like to renegotiate the joint use agreement for its facilities with the County. Commissioner Wivell reported on the PenMar Development Corporation meeting. He asked if the Commissioners whether they wanted to consider placing speed humps in the High Rock area to deter speeding. The Commissioners agreed to look at the area in the near future in order to make a decision. Commissioner Kercheval informed the Commissioners that he spoke th at the 75 anniversary of the Maugansville Volunteer Fire Company, participated in the United Way Day of Caring, and met with the group considering the establishment of a cultural heritage museum. He reported on the Planning Commission meeting. Commissioner Kercheval stated that he met with Library personnel regarding the use of fiber infrastructure in the County and asked this issue be placed on the agenda for review. Commissioner Snook stated that he received notification from Senator Mikulski that $300,000 has been secured to assist in funding the construction of the new Smithsburg Branch Library. He informed the Commissioners that Thomas Myers has submitted his resignation from the Ethics Commission effective October 31. Commissioner Snook stated that the first Foreign Trade Zone site has been activated. The Commissioners discussed the Alsatia Mummers Parade on November 1 and agreed to ride together in the parade. RECESS – LUNCH The Commissioners recessed at 12:07 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:01 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. WASHINGTON COUNTY VOLUNTEER FIRE AND RESCUE ASSOCIATION PROPOSED FIRE TAX Jason Baer, President of the Washington County Volunteer Fire and Rescue Association (WCVFRA) appeared before the Commis- sioners to request their support for a proposal to the State Delegation to the General Assembly for enabling legislation to implement a countywide emergency services fee structure. Mr. Baer cited increases in the workload of emergency services personnel, training/certification requirements, and fund raising efforts that are affecting the ability of volunteers to continue to provide emergency services. He proposed the appointment of a task force to gather and review information and make a recommendation. Mr. Baer stated that he feels the volunteer companies are at the point of last resort. The meeting was then opened for questions and discussion. Commissioner Snook stated that they would take this matter under advisement and decide in approximately 30 days. CERTIFICATE OF MERIT – MARY ELLEN WALTEMIRE Commissioner Snook presented a certificate of merit to Mary Ellen Waltemire in recognition of her outstanding service as the Director of the Washington County Extension Office since 1986 and commended her for her leadership and dedication. They congratulated her on her promotion to Interim Regional Extension Director. Ms. Waltemire thanked the Commissioners for the certificate and introduced Lynn Little, Interim County Extension Director. SEPTEMBER 9, 2003 PAGE SIX ENGINEERING REVIEW FEES Gary Rohrer, Director of Public Works, and Terry McGee, Chief Engineer, met with the Commissioners to review the proposed fees for the Engineering Department. Mr. Rohrer explained that the proposed fees would cover the actual costs of new development provided by the Department. He noted that the Board approved the addition of two new positions in the Engineering Department with the understanding that the revised fee structure would support the costs. Mr. McGee then reviewed information on the actual costs of the Engineering Department staff to support growth and development. He also provided information on the review efforts involved in selected developments. The meeting was then opened for questions and discussion. Mr. Rohrer reviewed the following rates: Preliminary Plat - $120 + $50 per lot; Preliminary Site Plan & Site Plan: 1) $120 + $275/acre of disturbed area less than 10 acres; 2) $120 + 150/acre of disturbed area greater than 10 acres; and 3) $120 + $75/acre of disturbed area greater than 50 acres, $400 minimum; Subdivision Plat – 1) $120 + $200/lot developed with road construction less than 50 acres; 2) $120 + $150/lot developed with road construction greater than 50 acres; and 3) $120 + $50/lot developed without road construction; Simplified Plat - $125 each; Traffic Impact Study - $250 per intersection studied; Grading Plan - $120 + $25 per acre of disturbed area; Stormwater Management Exemption - $100 each; and Simplified Stormwater Management Plan - $125 each. The Commissioners took this recommendation under consideration and agreed to discuss it again next week. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Wivell, to convene in closed session at 2:22 p.m. to discuss a personnel matter that affects one (1) or more specific individuals, consult with staff to discuss pending and potential litigation, consult with counsel to obtain legal advice, consider a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, and consider the acquisition of real property for a public purpose and matters directly related thereto, 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 5:16 p.m. Unanimously approved. In closed session, the Commissioners discussed four (4) personnel matters that affect one (1) or more specific individuals, consulted with counsel to obtain legal advice on two (2) matters, consulted with staff to discuss pending and potential litigation, and considered the acquisition of real property for a public purpose and matters directly related thereto. 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 Rodney Shoop, County Administrator; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Tim Troxell, Executive Director of the Economic Development Commission (EDC); Cassandra Latimer, EDC Marketing Specialist; Stephen Christian, EDC Business Development Specialist; Carolyn Motz, Airport Manager; Greg Larsen, Greg Larsen, Business Development Manager for the Hagerstown Regional Airport; Phil Ridenour, Special Operations Administrator; Richard Phoebus, Executive Director of CHIEF; Debra Bastian, Director of Finance; Joseph Otto and Dennis McCabe of ARDI; William McC. Schildt, Esq; and Greg Murray, Director of the Water Quality Department. EDC APPOINTMENT Motion made by Commissioner Munson, seconded by, Nipps, to appoint John Schnebly to the Economic Development Commission to fill the unexpired term of Thomas Newcomer (Greater Hagerstown Commission representative) which extends to June 30, 2004. Unanimously approved. SEPTEMBER 9, 2003 PAGE SEVEN APPROVAL TO HIRE HUMAN RESOURCES DIRECTOR Motion made by Commissioner Nipps, seconded by Munson, to employ David Hankinson as Human Resources Director (Grade 16) at a salary of $62,500. Motion carried with Commissioners Nipps, Munson, Kercheval, and Snook voting “AYE” and Commissioner Wivell voting “NO.” ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Nipps, to adjourn at 5:17 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk