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HomeMy WebLinkAbout031014 October 8, 2003 Hagerstown, Maryland JOINT PUBLIC HEARING – COMPREHENSIVE REZONING OF RURAL AREAS The continuation of the joint public hearing of the Board of County Commissioners of Washington County and the Washington County Planning Commission was convened at South Hagerstown High School at 6:00 p.m. to hear testimony regarding the comprehen- sive rezoning of rural areas and text amendments to the Zoning Ordinance and the Comprehensive Plan for Washington County. Presiding at the hearing were County Commissioners President Gregory I. Snook and Planning Commission Chair Paula Lampton. Also present were County Commissioners William J. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps, and Planning Commission members Donald Ardinger, Bernard Moser, Benjamin Clopper, and George Anikis. After presentations and public testimony were heard, it was announced that the record would remain open for ten (l0) days to allow additional evidence to be submitted in writing. The public hearing was adjourned at 9:00 p.m. __________________________, County Administrator , County Attorney , Clerk October 14, 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, 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; JoEtta Palkovitz-Brown, Executive Director of Elementary Education; and Boyd Michael, Executive Director of Secondary Education. Dr. Abernethy reviewed the plan for program improvement for the school system. She presented Student Achievement Trend Data showing the progress of students using the composite performance index (CPI). The graphs showed a decline for the following elementary schools: Bester, Eastern, Hancock, and Lincolnshire. Dr. Abernethy also reviewed the MSA test results for the same schools broken into subgroups showing student race/ethnic categories. The results indicate that the “Students with Disabilities” subgroup at Eastern Elementary did not meet the necessary goals for reading in the “Average Yearly Progress” score. Ms. Palkovitz-Brown reviewed the programs that are being instituted to help bring the school into compliance with the State’s performance measures. Dr. Morgan provided a chart outlining the mobility of elementary school students for the period October 2001 through May 2002. The staff also reviewed the information for 2002-2003. The data shows that 284 students moved between one and three times into or out of the county. Ms. Palkovitz-Brown stated that a countywide reading program was initiated to assist students moving from one school to another. The goal is to assure that programs are the same throughout the county to help children moving from school to school. The staff reviewed the information on the percentage of poverty data by County and schools for 2002-2003. The data indicate that the elementary schools with the highest percentage of students living in poverty are Eastern, Hancock, Lincolnshire, Bester, and Antietam Academy. The County average has risen to 33.1%. Dr. Morgan provided information on educational research on student achievement. She stated that they want to maintain class size, expand OCTOBER 14, 2003 PAGE TWO the full-day kindergarten program, and initiate school-based professional development. The staff provided information on the expanded master plan enhancements. Enhancements include the redesign of Eastern Elementary School and Antietam Academy, new programs being instituted at Hancock and Bester Elementary Schools, and new training programs for teachers. The meeting was then opened for questions and discussion. Commissioner Kercheval expressed concern about the process used to transfer teachers to another position. Update on Consolidation of Human Resources Functions Ms. Wagner provided a brief update on the proposed consolidation of Human Resource functions. She stated that the panel met and is developing a format to proceed. They will also be meeting with the staff members of the County and Board of Education human resource departments. RECESS The Commissioners recessed at 9:05 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:30 a.m. by Vice President William J. Wivell with the following members present: Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Rodney Shoop, County Administra- tor, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – OCTOBER 7, 2003 Motion made by Commissioner Kercheval, seconded by Munson, to approve the minutes of October 7, 2003 as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval reported on the Mental Health Advisory Committee meeting. He informed the Commissioners that he met with Fred Teeter, Executive Director of the Chamber of Commerce, and Art Callaham, Executive Director of The Greater Hagerstown Committee, to discuss various issues facing the County. Commissioner Nipps stated that she spoke at the meeting of the Hagerstown Lions Club last week. She also reported on the meeting with FAA and MAA representatives regarding financing for the Airport runway extension project and soil needed for the project. Commissioner Nipps also reported on the Head Start appreciation dinner. She informed the Commissioners that, due to a prior commitment, she would not be able to attend the October 27 public hearing on the revisions to the Adequate Public Facilities Ordinance. Commissioner Munson reported on the Housing Authority meeting. Commissioner Wivell reported on the meetings of the Water Qual- ity Advisory Committee and the PenMar Development Corporation meeting. He stated that the Water Quality Advisory Commission has recommended that the Commissioners deny the request made by St. James School to waive their connection fee or to pro-rate it over a four-year period. Commissioner Wivell informed the Commissioners that he attended the public forum held by the Airport staff. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, stated that he and Carolyn Motz, Airport Manager, would be speaking at the Chamber of Commerce’s Eggs & Issues forum on November 4. Mr. Rohrer provided an update on the culvert replacement project on Reno Monument Road and the clean-up at the Garis Shop Road stone arch bridge. Bill Sprague, Interim Director of Permits & Inspections, requested that the Commissioners consider moving the Zoning Administrator position back into the Permits & Inspections Department until staff can be assembled to handle zoning enforcement issues over the next few years. He indicated OCTOBER 14, 2003 PAGE THREE that it could transition back to the Planning Department when the new Zoning Ordinance is in place. Motion made by Commissioner Munson, seconded by Nipps, to designate the Director of Permits & Inspections as the Zoning Administrator for Washington County. Unanimously approved. Debra Bastian, Director of Finance, distributed copies of the Preliminary Official Statement to the Commissioners. Ms. Bastian informed the Commissioners that Moody’s rating agency informed her that the County maintained its “A1” rating and that they also attached a “positive outlook” notation. She stated that Moody’s indicated that they were impressed with the County’s financial performance, tax base, economic development, and job base increase. If the trend continues, they said that the County might see an upgrade in its bond rating. Ms. Bastian stated that she has not heard from Standard & Poors on the County’s rating to date. She indicated that she is also working with the Airport on a loan issue. Steve Goodrich, Interim Planning Director, informed the Commis- sioners that the Planning staff would be analyzing the informa- tion from the second part of the public hearing on the compre- hensive rezoning of the rural areas and would compile a staff report for their review. He stated that the Planning Department received over thirty individual requests for zoning changes from the original proposals. The staff will make recommendations on those requests and provide them to the Planning Commission for evaluation. Mr. Goodrich predicted that a recommendation would be made to the Commissioners in late November or early December. The Planning Commission has scheduled a workshop meeting next week to review two developments. WATER QUALITY ISSUES Laurie Bucher, Director of the Environmental Health Division of the Washington County Health Department, and Debi Turpin, Executive Director of the Home Builders Association, appeared before the Commissioners to provide an update on water quality issues in the County. Ms. Bucher informed the Commissioners that the Maryland Department of the Environment (MDE), the Health Department, and the Home Builders Association recommend that new disinfection and treatment requirements be instituted for individual wells located in the karst areas of the County and asked for their support for the additional requirements. She noted that it would cost approximately $2,000 to $3,500 per homeowner to install and $200 to $300 per year for maintenance. Ms. Bucher explained how the new system would work. She stated that they considered the option of having additional testing performed but this could delay the approval process by weeks or months. Ms. Bucher reviewed the findings of the R.E. Wright study that was done in 1981. She explained that karst geology warrants extra caution because the surface water and ground water travel quickly through the carbonate channels, caves, fractures and fissures without first being treated by any type of soil, and ultraviolet testing does not kill waterborne diseases such as giardia, cryptosporidium, and infectious hepatitis A. Ms. Bucher stated that they are now finding that the problem is more serious that first thought. MDE is strongly pursuing the development of new regulations addressing karst areas. The meeting was then opened for questions and discussion. Commissioner Wivell asked that this information be provided to the Water Quality Advisory Commission for their review and recommendation. The Commissioners agreed to this request. Commissioner Kercheval also asked for information on the use of community wells. Ms. Bucher stated that the Health Department would like to have a decision by the end of the year. CITIZENS PARTICIPATION Tom Lynch and Paul Perini, facing an October 31 deadline, feel that a workshop will not render a decision in time on UGA issue. Mr. Lynch outlined the details for discussion. OCTOBER 14, 2003 PAGE FOUR Stopped discussion at 11:00 in order for the bid award for the bond issue. BID OPENING – PUBLIC IMPROVEMENT AND REFUNDING BONDS OF 2003, SERIES A Lester Guthorn, Financial Advisor, Timmy Ruppersberger, Bond Counsel, and Debra Bastian, Director of Finance, appeared before the Commissioners at 11:00 a.m. to receive and evaluate electronic bids for the Public Improvement Bonds and Refunding Bonds of 2003, Series, A, via the Parity service. The Commissioners viewed the bids on-line and evaluated the bid representing the lowest interest rate to the County. At this time, Mr. Guthorn and Ms. Ruppersberger left the meeting to review and verify the bids. They stated that they would return during the afternoon session for award of the bid. CITIZENS PARTICIPATION – CONTINUED Tom Lynch, counsel for Paul Perini, developer of the Glen Erin project, stated that his client is attempting to meet the County’s October 31 deadline and requested that the Commission- ers consider approving the entire Glen Erin project in the Urban Growth Area (UGA) boundary. Mr. Perini stated that the majority of the Glen Erin development would be located within the UGA boundary but that a portion of it would be located outside the boundary. He indicated that the City of Hagerstown has agreed to provide water and sewer service if the property is within the UGA. Steve Goodrich, Interim Director of Planning, stated that there were environmental concerns since the property is adjacent to the Marsh Run and a wetland area and that is the reason why the entire property was not included in the UGA. He stated that the Planning Commission could possibly make a decision at the workshop meeting on Monday but that they were uncomfortable mak- ing a decision at their regular meeting due to outstanding re- view issues with the development. Commissioner Kercheval stated that he would prefer to wait to make a decision until after the Planning Commission workshop next week. Motion made by Munson, seconded by Nipps, to include the entire Glen Erin development within the Urban Growth Area boundary. Motion carried with Commissioners Munson, Nipps, and Wivell vot- ing “AYE” and Commissioner Kercheval voting “NO.” Mr. Lynch also made the request to extend the deadline for the Howard Payne development. The Commissioners declined to take action on this development. Sasson Shaool and Jerry Cump appeared before the Commissioners to discuss a development they are planning located off of St. Paul Road. Mr. Shaool explained that, due to the delay in receiving a response from the State Highway Administration and environmental issues, they are requesting that the Commissioners extend the October 31 deadline for this project. Mr. Goodrich stated that the project has not been before the Planning Commission. After discussion, the Commissioners agreed that they were not ready to make a decision on this matter. RECESS – WASHINGTON COUNTY’S MOST WONDERFUL CITIZENS AWARDS RECEPTION The Commissioners recessed at 11:45 a.m. in order to attend the reception for the Washington County’s Most Wonderful Citizens program. AFTERNOON SESSION The afternoon session was called to order at 2:30 p.m. by Vice President William J. Wivell, with the following members present: Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. PROCLAMATION – WHITE CANE DAY Commissioner Nipps presented a proclamation to Allen McGinley, President of the Appalachian Trail Chapter of the National National Federal of the Blind, designating October 15, 2003, as White Cane Safety Day to make the public aware of the white cane as a symbol of independence and freedom for blind people. They commended the National Federation of the Blind for its efforts to achieve security, equality and opportunity for the blind through education and advocacy. Mr. McGinley thanked the Commissioners for the proclamation. OCTOBER 14, 2003 PAGE FIVE HAGERSTOWN HOUSING AUTHORITY – REQUEST FOR WAIVER OF EXCISE TAX Ted Shankle, Executive Director of the Hagerstown Housing Authority, met with the Commissioners to request that they grant a waiver of excise fees for the HOPE VI Project/Gateway Crossing mixed-use housing project, which includes duplex, single-family, and handicapped accessible housing. Mr. Shankle stated that the County donated nine acres for the project and that the total cost for all phases is estimated to be $63,210,283. Mr. Shankle indicated that the new excise tax that went into effect on July 1, 2003, has created an unanticipated burden on the project. Although Phase I is already complete, the excise tax would affect phases II, III and IV. The meeting was opened for questions and discussion. Commissioner Nipps expressed concerns about the impact of the project on local schools and services in the West End. She stated that she would not support the request unless other non-profit agencies, which provide the same services, are also exempted. Commissioner Kercheval indicated that he would support the request since the project only replaces existing units and does not provide new ones. Motion made by Commissioner Munson, seconded by Kercheval, to waive the excise tax on Phase II (90 units) of the Gateway Crossing/HOPE VI Project. Motion did not carry with Commissioners Munson and Kercheval voting “AYE” and Commissioners Nipps and Wivell voting “NO.” APPOINTMENT – ETHICS COMMISSION Motion made by Commissioner Kercheval, seconded by Nipps, to appoint Scott Schubel to the Ethics Commission for a three-year term. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, provided an update on the State gypsy moth spraying program. He announced the winners of the United Way incentive program drawing. Mr. Shoop also announced that Brett McCoy was the grand winner of the Washington County’s Most Wonderful Citizen award. ADOPTION OF RESOLUTION – AWARD OF THE BID FOR THE PUBLIC IMPROVEMENT AND REFUNDING BONDS OF 2003, SERIES A Motion made by Commissioner Nipps, seconded by Munson, to accept the low bid of Morgan Stanley at the true interest cost (TIC) of 3.59% for the sale of $19,750,000 Public Improvement and Refunding Bonds of 2003, and to adopt a resolution for the Declaration of Official Intent to Reimburse for the Six-Year Capital Improvement Program. Unanimously approved. (A copy of the Supplemental Resolution is attached.) ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Munson, to adjourn at 4:02 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk