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February 17, 2009
Hagerstown, Maryland
JOINT MEETING WITH BOARD OF EDUCATION
The Commissioners met with the Board of Education at 8:30
a.m. at their offices on Commonwealth Avenue.
Commissioners John F. Barr, Kristin B. Aleshire, and
William J. Wivell were in attendance. The following Board
of Education members were present: Paul Bailey, Ruth Anne
Callaham, William Staley, Wayne Ridenour, Donna Brightman,
Justin Hartings, and Edward Forrest. Staff members making
presentations were Dr. Elizabeth Morgan, Superintendent of
Schools; Boyd Michael, Deputy Superintendent; Chris South,
Chief Financial Officer, Rob Rollins, Director of
Facilities Planning and Development; and Dr. Robert Spong,
Facilities Planning Manager.
(Commissioner Kercheval arrived at 8:37 a.m.)
Pupil Generation Rates
Mr. Rollins and Dr. Spong reviewed the current process
being used by the Board of Education to project Pupil
Generation Rates from 14 new subdivisions for elementary,
middle, and high schools. Mr. Rollins stated that the WCPS
hopes to determine the impact of new developments on the
Washington County Public School system. He stated that the
calculations being presented are based on Use & Occupancy
permit data through January 2009. The recommended rates
for 2009 are: Single-Family: Average .73 per household
(elementary - .39, middle - .17, and high school - .17);
Townhouse: Average .38 per household (elementary - .24,
middle - .07, and high school - .07); and Multi-Family:
Average .34 per household (elementary - .16, middle - .08,
and high school - .10).
Motion made by Commissioner Wivell, seconded by Kercheval,
to approve following student generation rates for
subdivisions as proposed by the Board of Education for
calculations for student projections: Single-Family:
Average .73 per household (elementary - .39, middle - .17,
and high school - .17); Townhouse: Average .38 per
household (elementary - .24, middle - .07, and high school
- .07); and Multi-Family: Average .34 per household
(elementary - .16, middle - .08, and high school - .10).
Unanimously approved.
Charge to Facilities and Enrollment Advisory Committee
Mr. Michael informed the Commissioners that the Board of
Education charged the Facilities and Enrollment Advisory
Committee (FEAC) to study and recommend adjustments to
current student attendance zones. Dr. Spong outlined the
scope of work and stated that FEAC was asked in its
advisory capacity to conduct a countywide review of all
current school attendance zones and to recommend changes to
such zones based upon current enrollment projections
through the 2012-2013 school year. He stated that the goal
is to balance the enrollment in County schools. The report
is to be completed by December 2009. The meeting was
opened for questions and discussion.
Second Quarter Budget Adjustments
Motion made by Commissioner Aleshire, seconded by
Kercheval, to approve the following second quarter budget
adjustments, as requested by the Board of Education, by
decreasing the following categories: Administration -
$53,970; Mid-Level Administration - $37,100; Other
Instructional Costs - $13,157; Student Transportation
Services - $9,075; Operation of Plant - $179,885; and Fixed
Charges - $113,700; and by increasing the following
categories: Revenue - $110,445; Instructional Salaries -
$234,970; and Instructional Textbooks & Supplies -
$282,362; for a net change in the Fund Balance of $0.
Unanimously approved.
Maryland State Department of Education – Press Release
Dr. Morgan distributed an article from Nancy Grasmick,
State Superintendent of Schools, that Maryland public high
school students outperformed all others in the nation on
the Advance Placement (AP) exams, according to the College
Board’s fifth annual analysis of the AP program. She also
stated that Superintendent Grasmick cited Washington County
as one of only six schools in the State who have made
significant progress in AP scores.
FEBRUARY 17, 2009
PAGE TWO
Motion to Convene in Closed Session
Motion made by Commissioner Kercheval to convene in closed
session at 9:05 a.m. to consult with staff, consultants, or
other individuals about pending or potential litigation and
to consult with counsel to obtain legal advice, in
accordance with Section 10-508 of the State Government
Article of the Annotated Code of Maryland.
After a brief discussion, Commissioner Kercheval withdrew
his motion and it was agreed to continue in open session.
Annexation Plans – Town of Boonsboro
Mr. Michael expressed his concern regarding the Town of
Boonsboro’s recent amendments to its annexation agreements
with King Road Associates and TT&K, LLC. He stated that if
the sewer taps referenced therein translate into the number
of single-family homes a total of 116 students would be
generated for the elementary school. The two amended
agreements also contain language regarding mitigation
agreements as they relate to schools and these
developments. Greg Murray, County Administrator, stated
that the Town is in the process of upgrading its sewer
treatment plant as required by the Maryland Department of
the Environment (MDE) and it must have a plan in place for
the tap fees in order to pay the debt service on the
upgraded plant. He further indicated that the issue of a
mitigation program relating to schools would not usually be
an issue until such time as the developers submit a site
plan and school adequacy is determined as specifically
provided for in the APFO. Mr. Murray noted that he feels
that the amended agreements are at best unclear. John
Martirano, County Attorney, informed the Commissioners that
that a meeting to discuss these issues has been scheduled
for next week and will include staff from the Town, the
Washington County Public Schools, and the County.
RECESS
The Commissioners recessed at 9:35 a.m.
The regular meeting of the Board of County Commissioners of
Washington County, Maryland was called to order at 10:15
a.m. by President John F. Barr with the following members
present: Vice President Terry L. Baker and Commissioners
Kristin B. Aleshire, James F. Kercheval, and William J.
Wivell.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Commissioner Barr, followed
by the Pledge of Allegiance to the Flag by the full
assemblage.
APPROVAL OF MINUTES – FEBRUARY 3, 2009
Motion made by Commissioner Aleshire, seconded by
Kercheval, to approve the minutes of February 3, 2009.
Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Baker reported on meetings of the Fire &
Rescue Communications Advisory Committee and the Recreation
and Parks Advisory Board.
Commissioner Kercheval stated that he attended the Lobbying
Coalition’s “Day in Annapolis” and indicated that the
primary discussions were in regard to funding for the
Library expansion. He reported on the Maryland Association
of Counties Legislative Committee meeting, a subcommittee
meeting with the Housing Authority of Washington County on
proposed senior housing projects and workforce housing
initiatives, a Planning Commission workshop, and the Public
Golf Corporation Board meeting. The Commissioner suggested
the County consider partnering with the Housing Authority
to expand the recreational areas of future senior housing
projects proposed for outlying areas of the County. This
could allow for additional senior centers in these
communities at reduced costs similar to the County’s
efforts to expand the gyms at 3 new Elementary schools for
recreational programs.
Commissioner Wivell stated that he attended the annual
banquet of the Smithsburg Volunteer Fire Company.
FEBRUARY 17, 2009
PAGE THREE
Commissioner Aleshire informed the Commissioners that he
met with Carolyn Motz, Airport Director, to tour the
projects at the Hagerstown Regional Airport and
congratulated the Airport staff on doing a fine job. He
stated that legislation was submitted by the Delegation
regarding tax credits for senior citizens; however, he
believes it would be simpler and more beneficial to amend a
bill that currently exists to include a reduction in the
age limit rather than create a new one. Commissioner
Aleshire reported on the Economic Development Commission
meeting. He also stated that he attended the annual
banquet for the Funkstown Volunteer Fire Company and
attended the Boonsboro Mayor and Council meeting.
Commissioner Barr reported on the PenMar Development
Corporation Board meeting and the MACo Legislative
Committee meeting. He stated that he met with Dr. Guy
Altieri, President of Hagerstown Community College,
regarding the College’s budget and their long-range plans.
Commissioner Barr informed the Commissioners that he
attended the unveiling and reception at the new Inn at
BoonsBoro and thanked the owners, staff, and everyone who
worked to complete the project after the damage from the
fire last year.
CITIZENS’ PARTICIPATION
Phil Physioc commented on a lawsuit filed by the County
relating to property located in the Mt. Aetna area. He
indicated that he would like to have a key to the gate in
that area.
COUNTY ADMINISTRATOR’S COMMENTS
Greg Murray, County Administrator, reminded the
Commissioners that Capital Improvement Program (CIP) budget
discussions would begin today.
REPORTS FROM COUNTY STAFF
Joe Kroboth, Director of Public Works, informed the
Commissioners that the eight-inch sprinkler line that feeds
the County Office Building was broken, and after the
repairs were completed, another section of the pipe broke.
He stated that the contractor hopes to finish the repairs
today. Mr. Kroboth indicated that the cost could be in
excess of $25,000.
Debra Murray, Director of Budget & Finance, provided an
update on several policies. Ms. Murray stated that Federal
government is mandating the adoption of a “Red Flag and
Identify Theft Policy” which must be in place by May 1,
2009. She stated that a draft would be provided for review
within the next few weeks. Ms. Murray also mentioned that
a draft policy on development financing should be finished
next month.
Kevin Lewis, Director of the Division of Fire & Emergency
Services, provided information on a fire that occurred in
Hancock last night. He stated that 50 personnel were
involved, and despite heroic efforts by the firefighters,
two teenage girls died in the fire.
DEPUTY DIRECTOR – DIVISION OF FIRE & EMERGENCY SERVICES
Motion made by Commissioner Kercheval, seconded by Baker,
to approve the recommendation to hire Charles Summers as
Deputy Director for the Division of Fire and Emergency
Services (Grade 16) at a salary of $57,814 to fill an
existing vacancy. Motion carried with Commissioners
Kercheval, Baker, and Barr voting “AYE” and Commissioners
Aleshire and Wivell voting “NO.”
Commissioner Aleshire stated that he has great respect for
Mr. Summers, but feels that the individual in this position
should have greater background in fire and emergency
medical service operations.
FEDERAL AVIATION ADMINISTRATION MEMORANDUM OF AGREEMENT -
BRUMBAUGH-KENDLE-GROVE FARMSTEAD
Carolyn Motz, Director of the Hagerstown Regional Airport,
and Joe Kroboth, Director of Public Works, met with the
Commissioners regarding the draft Memorandum of Agreement
(MOA) prepared by the Federal Aviation Administration (FAA)
for the Brumbaugh-Kendle-Grove farmstead. Ms. Motz
provided a brief history of the farmstead and explained
that the FAA contacted interested parties to participate in
the process and received
FEBRUARY 17, 2009
PAGE FOUR
comments regarding preservation, rehabilitation and
reutilization of the farmstead. After receiving the
comments, the FAA prepared a draft MOU identifying several
alternatives and asked that comments be provided on or
before February 25, 2009. Ms. Motz stated that the FAA
would then coordinate the draft with the Maryland
Historical Trust. The meeting was opened for discussion
and questions. After hearing all comments, the
Commissioners agreed to provide the following options: 1)
The preferred mitigation action is to offer the facility at
its existing location for renovation by a third party for a
business use that is conducive to Airport operations. 2)
The second alternative is to relocate the house, barn, and
other outbuildings off Airport property by a third party.
This alternative would require the third party to remove
the entire structure(s) off Airport property. 3) The third
alternative is to relocate the house and/or barn and/or
outbuildings on Airport property by a third party. 4) The
fourth alternative is to dismantle and preserve
architectural elements of the Farmstead for re-use. 5) The
fifth alternative is demolition with measures taken to
preserve the architectural evidence and reuse the materials
in the community. Ms. Motz stated that comments would be
prepared and the issue would be brought back to the
Commissioners next Tuesday for final approval and
submission to FAA.
RECESS – LUNCHEON WITH LEAGUE OF WOMEN VOTERS
The Commissioners recessed at 11:22 a.m. to attend a
luncheon sponsored by the League of Women Voters.
AFTERNOON SESSION
The afternoon session was called to order at 1:35 p.m. by
President John F. Barr, with the following members present:
Vice President Terry L. Baker, and Commissioners Kristin B.
Aleshire, James F. Kercheval, and William J. Wivell.
CAPITAL IMPROVEMENT BUDGET DISCUSSIONS
Debra Murray, Director of Finance; Joseph Kroboth, Director
of Public Works; and Michael Thompson, Director of
Planning, members of the Capital Improvement Program (CIP)
Committee, met with the Commissioners to provide an initial
overview of the 2010-2015 CIP budget. Ms. Murray
summarized the changes made by the Committee and noted that
$212,589,01 was cut from the original submittal. The total
proposed CIP budget in the first draft is $422,953,100 for
the six-year period. She provided a broad summary of what
has transpired from last year to this year for the six-year
plan.
Ms. Murray reviewed the projected Excise Tax revenues for
FY 2010. She estimated that there would be $600,000 in
revenues for non-residential Excise Tax. Ms. Murray
projected $11,542,500 for residential for the years 2010-
2015. She noted that this is a reduction of $17,296,652 of
what was previously projected for residential Excise Tax
over the six-year period.
Ms. Murray provided information on the County transfer tax
for FY 2009 and projected $2 million for FY 2010. She
projected downward trends in the FY 2009. Ms. Murray
included three scenarios based on the existing trends and
exceeding or falling trends. She outlined the Debt
Affordability Analysis assuming a four percent total growth
for twenty years, a three percent total growth, and a two
percent total growth. Ms. Murray also provided information
on current borrowing rates. She reviewed a new feature
outlining a ten-year plan from 2010 to 2019.
The Commissioners began reviewing the CIP requests for the
following categories: Airport, Bridges, Drainage, General
Government, Railroad Crossings, and Water Quality. The
Commissioners recessed at this time to present the Youth
Meritorious Awards.
YOUTH MERITORIOUS AWARDS – DECEMBER 2008 & JANUARY 2009
The Commissioners presented a certificate of merit to
Stephani Frisby (Clear Spring Middle School) in recognition
of her selection by the Washington County Community
Partnership for Children and Families to receive the Youth
Meritorious Award for December 2008. Commissioner Barr
FEBRUARY 17, 2009
PAGE FIVE
presented the January 2009 Youth Meritorious Award to Ryan
Smetzer (Clear Spring Middle School). The Commissioners
commended the students for their leadership, academic and
extra-curricular activities. Commissioner Barr stated that
they would each receive a $100 savings bond from the WCCP.
CONTINUE REVIEW – DRAFT CIP BUDGET 2010-2015
The Commissioners continued their review of Draft #1 of the
CIP budget and reviewed the requests from Public Safety and
Roads.
RESOLUTION FOR ENDORESEMENT OF MEDAF LOAN AND LOCAL
INITIATIVE – T. ROWE PRICE GROUP, INC.
Tim Troxell, Executive Director of the Economic Development
Commission, appeared before the Commissioners to request
approval of a resolution endorsing the State of Maryland’s
$300,000 MEDAF loan to the T. Rowe Price Group, Inc. and an
$810,000 conditional loan from the County. The County
portion would be disbursed in annual installments of
$135,000 over six years under certain terms and conditions.
Mr. Troxell stated that the loan funds would be used to
construct a 50,000 square foot office building in
Washington County to be used as a disaster recovery data
center. He indicated that T. Rowe Price Group will be
investing approximately $75,000,000 in the project and will
be creating at least 17 new jobs. The meeting was opened
for questions and discussion with the Commissioners.
Motion made by Commissioner Wivell, seconded by Baker, to
approve Resolution No. RS-09-03 (Endorsement of MEDAF Loan
and Local Incentives) endorsing the State’s MEDAF Loan of
$300,000 to the T. Rowe Group, Inc. and a County
conditional loan of $810,000 to be used to construct a
building with approximately 50,000 square feet of office
space to be used as a disaster recovery data center and
expand its operations in Hagerstown, Maryland, with the
annual amounts to be taken from the Hotel Rental Tax funds.
Motion carried with Commissioners Wivell, Baker, Aleshire,
and Kercheval voting “AYE” and Commissioner Barr
“ABSTAINING.”
DISCUSSION OF SPECIAL EVENTS ORDINANCE
Andrew Wilkinson, Assistant County Attorney, reviewed the
Staff’s most recent changes to the Special Events
Ordinance. He indicated that the purpose of the Ordinance
is to require that a permit be obtained before holding
certain events on county roads, county property, or on
private property when the event may have an impact upon
health, fire and rescue, police, transportation, and other
services. Mr. Wilkinson further stated that approval from
outside agencies would not be required for issuance of a
County permit. He also reviewed the Rules and Regulations
that have been drafted and noted that these include a
provision requiring the County to issue or decline a permit
at least 14 days prior to the event. The meeting was opened
for discussion with the Commissioners and the Commissioners
raised several issues of concern relating to the latest
draft of the Ordinance as well as the Ordinance in general.
CONVENE IN CLOSED SESSON
Motion made by Commissioner Wivell, seconded by Kercheval,
to convene in closed session at 4:15 p.m. to discuss the
appointment, employment, assignment, discipline, demotion,
compensation, removal, resignation, or performance
evaluation of appointees, employees, or officials over whom
it has jurisdiction; and to discuss personnel matters that
affect one or more specific individuals, in accordance with
Section 10-508 of the State Government Article of the
Annotated Code of Maryland. Unanimously approved.
RECONVENE IN REGULAR SESSION
Motion made by Commissioner Kercheval, seconded by Baker,
to reconvene in open session at 4:36 p.m. Unanimously
approved.
In closed session, the Commissioners discussed the
appointment, employment, assignment, discipline, demotion,
compensation, removal, resignation, or performance
evaluation of appointees, employees, or officials over whom
it has jurisdiction and discussed personnel matters
FEBRUARY 17, 2009
PAGE SIX
that affect one or more specific individuals. Present
during closed session were Commissioners John F. Barr,
Terry L. Baker, Kristin B. Aleshire, James F. Kercheval,
and William J. Wivell. Also present at various times were
Gregory Murray, County Administrator; John Martirano,
County Attorney; Andrew Wilkinson, Assistant County
Attorney; Joni Bittner, County Clerk; William Sonnik,
Director of Human Resources; Joe Kroboth, Director of
Public Works; Robert Slocum, Deputy Director of Public
Works – Capital Programs; and Henry Renner.
ADJOURNMENT
Motion made by Commissioner Wivell, seconded by Aleshire,
to adjourn at 4:36 p.m.
____________________________
County Administrator
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County Attorney
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County Clerk