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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