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HomeMy WebLinkAbout061017 October 17, 2006 Hagerstown, MD 21740 The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:30 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. The meeting was held at the Department of Water Quality, 16232 Elliott Parkway due to elevator maintenance at the County Administration Building. JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the Board of Education at 9:30 a.m. The following Board of Education members were present: Ed Forrest, Paul Bailey, Russell Williams, Wayne Ridenour, and Roxanne Ober. Staff members in attendance were Dr. Elizabeth Morgan, Superintendent of Schools; Boyd Michael, Assistant Superintendent for School Operations; JoEtta Palkovitz-Brown, Assistant Superintendent; Donna Hanlin, Assistant Superintendent; Robert Brown, Coordinator; and Christopher South, Director of Budget and Finance. Report of 2006 Maryland School Assessments Dr. JoEtta Palkovitz-Brown, Donna Hanlin, and Robert Brown provided information on the results of the Maryland School Assessments (MSA), High School Assessments (HSA), SAT, and Advanced Placement (AP) exams. Dr. Palkovitz-Brown reviewed the MSA results for grades 3-8 for reading and math. She noted the “stairstep” upward progression for both subjects for those percentages of students identified as proficient and advanced. Dr. Palkovitz-Brown also reviewed graphs comparing Washington County’s results to those of the State of Maryland and noted that Washington County outperformed the State in each category. She informed the Commissioners that Washington County ranked first in the State in school attendance. Ms. Hanlin reviewed the high school dropout rate in Washington County and emphasized that it has dropped from 5% in 2000 to 2.1% in 2006. She also reviewed the HSA results for Algebra, Government and English. She noted that Washington County outperformed the State average in each category. Ms. Hanlin outlined the changes being made in the SAT exam and provided information on the number of students enrolled in Advanced Placement classes. The meeting was then opened for questions. Commissioner Snook complimented the Board and staff for the good job they are doing in the schools. Update – Safety and Security Issues Dr. Morgan and Mr. Michael provided an update on safety and security issues in the schools and stated that this would be a targeted area over the next few months. Dr. Morgan stated that they intend to install security cameras with buzz-in systems at all schools. She indicated that a security assessment was performed on all schools and measures are being taken to make them more secure. Dr. Morgan stated that she believes that the Board will approve the appointment of a new Safety and Security Risk Manager at its meeting tonight. She also reviewed plans to form a new task force of volunteers to review and address security issues. Arrangements have been made to provide for coverage at the front doors of all schools until additional security measures can be established. Partnership with County of Program Open Space (POS) Funds Mr. Michael stated that the Board is entering into a partnership with the County Commissioners to utilize POS funds to address projects at County middle schools. He stated that he is working with the County’s Buildings, Grounds, and Parks Department on a project at Springfield Middle School to include maintenance on the fields. Mr. Michael explained that they hope to better serve the community by allowing more use of school facilities. Commissioner Nipps stated that she appreciates the school system working with the County to utilize open space. Mr. Michael provided copies of the September 29, 2006 school enrollment figures. He indicated that there were approximately 60 students over what was projected. The grand total for all schools was 21,067. He informed the Commissioners that they are starting the projections for OCTOBER 17, 2006 PAGE TWO next year as well as the out years. Mr. Michael agreed to forward the information to the Commissioners when it is complete. 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. APPROVAL OF MINUTES – OCTOBER 3, 2006 Motion made by Commissioner Nipps, seconded by Munson, to approve the minutes of October 3, 2006. Unanimously approved. CITIZENS’ PARTICIPATION Tom Berry expressed his concerns regarding possible property rights issues with the heritage areas being discussed later today and feels that Federal grant fund requirements contain too many property restrictions. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval informed the Commissioners that he participated in the United Way Day of Caring. He stated that he was a judge for the Humane Society’s “Canines on the Canal” fundraiser. Commissioner Kercheval reported on the Planning Commission meeting. He distributed copies of The County News an article from regarding a state-of-the art plant being used in St. Lucie County, Florida, that uses plasma arc gasification to vaporize refuse. He stated that the plant also produces electricity, which can then be resold. The Commissioners discussed obtaining more information regarding the new technology. Commissioner Nipps thanked Commissioner Snook for sponsoring tables at the Annual Christian Businessmen’s Leadership Prayer Breakfast. She stated that she attended a meeting of the Commission for Women and installed the new officers. Commissioner Snook informed the Commissioners that he received a letter of thanks from the Blue Ridge Summit Library for the County’s contribution. He stated that he attended the Maryland Symphony Orchestra’s celebration of th its 25 season and presented a proclamation. Commissioner Snook indicated that he had received a letter from the Public School Construction group regarding their policy on reimbursement of forward funding. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that he received a letter from the Leitersburg Volunteer Fire Company requesting that the County waive permit fees for construction of its new fire station. Motion made by Commissioner Munson, seconded by Nipps, to approve the request made by the Leitersburg Volunteer Fire Company to waive County permit fees for construction of its new fire station. Unanimously approved. Motion made by Commissioner Munson, seconded by Nipps, to approve filling the Maintenance Equipment Operator (MEO) II vacancy at the Highway Department. Unanimously approved. APPROVAL OF CHANGE ORDER – ASBESTOS ABATEMENT Motion made by Commissioner Kercheval, seconded by Nipps, to approve a change order in the amount of $126,203.85 with Callas Contractors for asbestos abatement at the Circuit Court House Annex. Unanimously approved. APPOINTMENT – COMMISSION FOR WOMEN Motion made by Commissioner Nipps, seconded by Kercheval, to appoint Terri Blair to the Commission for Women to fill the unexpired term of Natalie Rook, which extends to June 20, 2008. Unanimously approved. NEW JOBS TAX CREDIT PROGRAM Tim Troxell, Executive Director of the Economic Development Commission (EDC), and Cassandra Latimer, EDC Marketing Specialist, met with the OCTOBER 17, 2006 PAGE THREE Commissioners to request changes in eligibility criteria for the New Jobs Tax Credit Program. Ms. Latimer stated that only one company has utilized the program since its inception in 2002. The EDC reviewed the program’s effectiveness as a business attraction and retention tool and felt that changing the criteria would make it more accessible for businesses. Ms. Latimer indicated that the program provides eligible companies with credits on the County’s real property tax and business personal property tax. The credits are a graduated amount over a six-year period. Ms. Latimer stated that they are recommending the following changes to the criteria: 1) the square footage for new construction/leased space be lowered from 30,000 square feet to 10,000 square feet; 2) the criteria for new jobs created be lowered from 50 to 25; and 3) that 50 percent of the new jobs must pay at least 135% of the Average Weekly Wage ($21.80/hr. or $45,344/yr.) per Washington County worker rather than 150% ($24.23/hr. or $50,398/yr.). The meeting was then opened for questions and discussion by the Commissioners. Motion made by Commissioner Wivell, seconded by Kercheval, to approve the recommended amendments/changes to the New Jobs Tax Credit Ordinance based on the criteria recommended by the Economic Development Commission. Unanimously approved. JOURNEY THROUGH HALLOWED GROUND – NATIONAL HERITAGE AREA CERTIFICATION PROSESS Tom Riford, Director of the Hagerstown-Washington County Convention and Visitors Bureau, and Cate Magennis Wyatt, President of Journey Through Hallowed Ground Partnership (JTHGP), met with the Commissioners to request their support for Washington County to be a part of the new national heritage area. Mr. Riford stated that the State recently included Carroll, Frederick, and Washington Counties as part of the Heart of the Civil War Heritage Area. He indicated that this certification has created significant grant opportunities. The Heart of the Civil War Heritage Area approved being a part of the JTHGP, which is currently a national scenic byway and soon to be a national certified heritage area. Ms. Wyatt stated that the program is a collaborative public/private partnership that includes the corridor between Gettysburg, Pennsylvania, and Monticello, Virginia. She stated that grants can be used for educational outreach, heritage tourism, and research. Ms. Wyatt explained that the program contains no overriding land use regulations and that the legislation specifically states that no funds can be used to purchase properties. She stated that they have no regulatory authority and want to protect property rights. The meeting was then opened for questions and discussion by the Commissioners. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the supporting resolution for inclusion of Washington County in the National Heritage Area as part of the Journey Through Hallowed Ground Partnership. Motion carried with Commissioners Nipps, Kercheval, Wivell, and Snook voting “AYE” and Commissioner Munson voting “NO.” INTERGOVERNMENTAL COOPERATIVE PURCHASE – DELL BLADE SERVERS Motion made by Commissioner Wivell, seconded by Kercheval, to authorize the Information Technologies (IT) Department to purchase three (3) Dell blade servers from Dell Computer/Marketing Corp. in the amount of $45,645.54, through the Western States Contracting Alliance contract, in accordance with the terms and conditions of that contract and approval of a Resolution pursuant to Section 1-106.3 of the Code of Public Local Laws of Washington County, Maryland. Unanimously approved. HUMAN SERVICE TRANSPORTATION COORDINATION GRANT – MARYLAND TRANSPORTATION ADMINISTRATION William Beard and Rod MacRae, members of the Transportation Coordination Sub-Committee, appeared before the Commissioners to request that they accept a $40,000 grant from the Maryland Transportation Administration. Mr. Beard stated that the Sub-committee presented its recommendation to the Commissioners on November 1, 2005 and received their approval to seek grant funding. He stated that they are recommending that the funding be used to hire a consultant to prepare a plan of action for the development of an organization to coordinate human service transportation in the OCTOBER 17, 2006 PAGE FOUR County. Mr. MacRae indicated that there are often multiple agencies/vehicles serving clients living in the same area who are traveling to similar destinations. These vehicles could be utilized in “off peak” hours through interagency cooperation. Mr. MacRae indicated that the Department of Social Services, Commission on Aging, and Health Department have agreed to be a part of the project. He explained that, if funding is sought in subsequent years, the County would be responsible for 10% of the project’s net operating budget in FY 2008 and 25% of the net operating budget in FY 2009 and 2010. The meeting was then opened for discussion and questions from the Commissioners. Motion made by Commissioner Munson, seconded by Nipps, to accept a $40,000 grant and to execute a Grant Agreement from the Maryland Transportation Administration as recommended by the Transportation Coordination Sub- Committee for FY 2007 to be used to hire a consultant to prepare a plan of action for the development of an organization to coordinate human service transportation in the County. Unanimously approved. RECESS – LUNCH The Commissioners recessed at 11:40 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:05 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. TH PRESENTATION OF COMMEMORATIVE 250 ANNIVERSARY PLATE – FRIENDS OF FORT FREDERICK Betsy Lillard and Ralph Young, representing the Friends of Fort Frederick, presented the Commissioners a commemorative th Fort Frederick 250 Anniversary plate. Ms. Lillard thanked th the Commissioners for their support of the 250 anniversary celebration. PLEASANT VIEW HEIGHTS – REQUEST FOR FINAL PLAT APPROVAL Jason Divelbiss, representing the Estate of Rowland Brandenburg and its Personal Representative Dennis Brandenburg, appeared before the Commissioners to request final plat approval for the 17-lot Section E of Pleasant View Heights. Mr. Divelbiss explained that preliminary plat approval was received for Section E in 2003. Shortly thereafter, the developer passed away. The project is now eligible for final plat approval, but recent changes to the Adequate Public Facilities Ordinance (APFO) cause the development to fail the schools test. He stated that this phase is expected to generate six elementary, three middle, and four high school students. Fountain Rock Elementary is over capacity but facility improvements are planned for 2009. Mr. Divelbiss stated that the development would have fallen under the transition policy and would not have been subject to the schools test if the preliminary plat had been approved prior to July 1, 2003. Mr. Divelbiss stated that the estate is asking that the Board authorize the Planning Director to approve the final plat pursuant to the 2003 approval of the preliminary plat or as an exception to the Transition Policy given the unique characteristics of the project. The developer’s estate is also offering a mitigation plan consisting of a phasing schedule whereby no occupancy permits would be issued prior to October 2007. The meeting was then opened for discussion. The Commissioners agreed that they are willing to entertain a more significant mitigation plan, but are not interested in approving the final plat at this time. Commissioner Snook recommended that the developer delay proceeding until the Board of Education’s revised mitigation policy is adopted. Mr. Divelbiss asked for guidance on which enrollment numbers the Planning staff should use. The Commissioners directed the Planning Director to obtain guidance from the legal staff on these issues. OCTOBER 17, 2006 PAGE FIVE RESOLUTION AUTHORIZING PROMISSORY NOTE MODIFICATION AGREEMENT – T-HANGARS John Martirano, County Attorney, stated that the County Commissioners received a loan from the State Department of Business and Economic Development in 1991 for T-hangars. He explained that staff would like to modify the terms of the loan and eliminate the balloon payment now due for the outstanding balance, and extend the adjusted quarterly payments of principal and interest for an additional ten years. Mr. Martirano indicated that complete payback would be made during that term. The outstanding balance as of this date is $1,365,381.34. Mr. Martirano then reviewed the Promissory Note Modification Agreement. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the Authorizing Resolution and the Promissory Note Modification Agreement relating to the 1991 loan from the Department of Business and Economic Development for T- hangars to extend the payment schedule by ten years. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Nipps, seconded by Munson, to convene in closed session at 1:40 p.m. to discuss the appointment, employment, or assignment of appointees, employees or officials over whom the Commissioners have jurisdiction; discuss any other personnel matters affecting one or more specific individuals; consult with counsel to obtain legal advice on a legal matter; consider a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State; and to 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 Kercheval, seconded by Nipps, to reconvene in open session at 2:00 p.m. Unanimously approved. In closed session, the Commissioners discussed personnel matters relating to the appointment, employment, or assignment, of appointees, employees or officials over whom the Commissioners have jurisdiction and other personnel matters affecting one or more specific individuals; consulted with counsel to obtain legal advice on a legal matter; discussed the acquisition of real property for a public purpose and matters directly related thereto; and considered a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State. 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 John Martirano, County Attorney; Kirk Downey, Assistant County Attorney; Andrew Wilkinson, Assistant County Attorney; Rodney Shoop, County Administrator; Joni Bittner, County Clerk; Tim Troxell, Director of the Economic Development Commission (EDC); Greg Murray, Director of Water Quality; and Dan Divito, Director of Permits & Inspections. EXTENSION OF PLUMBING BOARD TERMS Motion made by Commissioner Munson, seconded by Wivell, to extend the terms of the following Plumbing Board members to July 1, 2007: Charlie Semler, Gerald Anders, Leonard Shade, and Arnold Eby. Unanimously approved. ADJOURNMENT – RIBBON-CUTTING CEREMONY AT AMERICOM GOVERNMENT SERVICES Motion made by Commissioner Wivell, seconded by Munson, to adjourn at 2:00 p.m. Unanimously approved. The Commissioners attended the ribbon-cutting ceremony at Americom GovernmentServices . , County Administrator OCTOBER 17, 2006 PAGE SIX , County Attorney ___________________________, County Clerk