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December 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, Jacqueline Fischer, and Paul Bailey. Staff members
present were 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. Also present were Hagerstown Mayor William
Breichner and Council members Lewis Metzner, Carol Moller, and
Penny Nigh.
Update – Feasibility Study for North Hagerstown High School
Stadium
Robert “Bo” Myers, Principal of North Hagerstown High School,
provided background information on the campaign to construct a
stadium at North Hagerstown High School. He stated that, due to
a deed restriction, a stadium was never constructed at the
school. Mr. Myers indicated that the deed restriction has now
been lifted. Representatives have met with the Board of
Directors of the adjacent Coffman Nursing Home, who are
comfortable with the location chosen for the new complex. John
Williamson, Chairman of the Fundraising Committee for the North
Hagerstown High School Boosters Club, introduced members of the
Committee who were in attendance and presented information on
the capital campaign to construct an athletic complex at North
Hagerstown High School. Mr. Williamson stated that the North
High Booster Club has hired Nancy Saidis and Associates to
advise them on their ability to raise money for a stadium from
the private sector. He outlined the scope of the project, which
includes a stadium, all-weather track, and field house with
locker rooms. The complex is estimated to cost $3.1 million.
Mr. Williamson asked if hotel rental tax proceeds or Program
Open Space funds could be utilized for the project. The meeting
was then opened for questions and discussion. The Commissioners
agreed to consider the request during deliberations for the FY
2005 budget.
First Quarter Budget Adjustments
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the following first quarter budget adjustments as
requested by the Board of Education by decreasing the following
categories: Mid-Level Administration - $58,035; Instructional
Salaries - $73,815; Special Education - $36,900; and Fixed
Charges - $235,885, and to increase the following categories:
Administration - $145,785; Instructional Textbooks & Supplies -
$97,885; Other Instructional Costs - $8,760; Operation of Plant
- $80,880; and Maintenance of Plant - $71,325 for a total
adjustment to the Fund Balance of $0. Unanimously approved.
Long-Range Plans for Construction/Renovation/Capital
Improvements
Dennis McGee provided information on the current need for
construction projects and a timeline for future projects. He
also provided historical data on student enrollment and
projections through 2012. Mr. McGee stated that, although the
buildings are well maintained, 70 percent of the space is pre-
1980 and will be in need of major systemic improvements over the
next ten years. He provided the replacement schedules for
systemic repairs. Mr. McGee requested that the capital
improvement budget (CIP) be increased from $5.5 million to $10
million per year in order to fund the projects using local
monies, due to State budget constraints. The Commissioners
agreed to take this matter under consideration during
discussions on the CIP budget.
RECESS
The Commissioners recessed at 9:25 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
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.
DECEMBER 9, 2003
PAGE TWO
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 – NOVEMBER 25 & DECEMBER 2, 2003
Motion made by Commissioner Munson, seconded by Nipps, to
approve the minutes of November 25 and December 2, 2003, as
amended. Unanimously approved.
COMMISSIONERS REPORTS AND COMMENTS
Commissioner Munson informed the Commissioners that he attended
the open house at the Kitchen Center.
Commissoner Nipps commended the Highway Department for their
snow removal operations last week. She stated that she attended
the “Eggs & Issues” breakfast, Historical Society Holiday
Reception, and Home Builders Association Holiday Dinner.
Commissioner Nipps reported on the Recreation and Parks Board
meeting. She stated that Program Open Space monies were
allocated for the North Hagerstown High School track project in
FY 2004. The Commissioners agreed to send a letter asking them
to delay consideration on this project until the stadium funding
has been resolved.
Commissioner Wivell asked that procedures be established for
advertising for the sale of County property. He stated that he
toured the landfill, attended the Home Builders Association
Christmas banquet, the Highway Department’s Christmas party, a
fundraiser for the new Smithsburg library, and Clear Spring
Volunteer Fire Company’s installation of officers. Commissioner
Wivell also reported on PenMar Development Corporation’s meeting
with the Washington County Delegation to the General Assembly.
Commissioner Kercheval stated that he attended the “Eggs &
Issues” breakfast, the Home Builders Association Christmas
banquet, and the Highway Department’s Christmas Party. He
informed the Commissioners that he spoke to the government class
at Hagerstown Community College. Commissioner Kercheval
reported that he met with Art Callaham, Executive Director of
the Greater Hagerstown Committee, regarding the new
Comprehensive Plan.
Commissioner Snook informed the Commissioners that Interfaith
Housing of Western Maryland would hold a groundbreaking ceremony
for the second phase of the Francis Murphy Apartments. He
reported on the meetings of the Commission on Aging and the
Statewide Communications Task Force.
2003 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM AWARD
Motion made by Commissioner Munson, seconded by Nipps, to accept
a grant award from the Federal Emergency Management Agency in
the amount of $56,193 to obtain firefighting and rescue personal
protective equipment and to approve the County’s 30% match,
which has been budgeted by the Emergency Services Department.
Unanimously approved.
SOLE SOURCE CONTRACT AWARD – EMERGENCY FIRE DISPATCH SYSTEM
Motion made by Commissioner Wivell, seconded by Kercheval, to
award a sole source procurement for an Emergency Fire Dispatch
System for $38,136 from Priority Dispatch Corporation. The
award is a sole-source procurement based on Sections 1-
Code of the Public Local Laws of Washington
106.2(a)(1) of the
County
. Unanimously approved.
APPOINTMENT OF BOARD MEMBERS TO THE WASHINGTON COUNTY
AGRICULTURAL RECONCILIATION BOARD
Eric Seifarth, Land Preservation Planner, appeared before the
Commissioners to request that the following individuals be
appointed to the Agricultural Reconciliation Board: Donald
Harding (Farm Bureau representative), Don Schwartz (Extension
Agent), Terry Karn (Citizen at large), and Jim Coffman (Citizen
at large). The position for an attorney
DECEMBER 9, 2003
PAGE THREE
is still vacant. The Commissioners voiced concerns that all of
the individuals who volunteered are connected with the
agricultural community and that the Board needs to have a more
balanced representation. The Commissioners asked Tara Reilly,
reporter from The Herald Mail to include in her article that the
County is looking for interested citizens to serve on this
Board. They agreed to wait to see if there is a response from
this article before making appointments.
CITIZENS PARTICIPATION
There was no one present who wished to participate.
REAPPOINTMENTS – AREA AGENCY ON AGING ADVISORY COUNCIL
Motion made by Commissioner Munson, seconded by Nipps, to
reappoint Nancy Ingram, Cynthia Earle, and Thelma Myers to the
Area Agency on Aging Advisory Council for three-year terms.
Unanimously approved.
RE/APPOINTMENTS – EMERGENCY SERVICES ADVISORY COUNCIL
Motion made by Commissioner Munson, seconded by Nipps, to
reappoint John Latimer, III and Laurence Johns to the Emergency
Services Advisory Council for three-year terms and to appoint
Jason Baer to fill the unexpired term of James LaFleur which
extends to January 31, 2005. Unanimously approved.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, informed the Commissioners
that Casual Day for November 2003 raised $295 for Food Resources
and that employees also donated 1,175 pounds of food. He stated
that employees donated $401 to Breast Cancer Awareness of the
Cumberland Valley from the October Casual Day proceeds.
APPROVAL OF CHANGE ORDER – BROADFORDING ROAD BRIDGE
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the request for a change order of $44,663.70 for the
Broadfording Road Stone Arch Bridge project to recover existing
dislodged stone from the Conococheague Creek needed to make
repairs to the bridge pier that was damaged in a storm. This is
a Federal Aid project and the County is responsible for twenty
percent of the cost. Motion carried with Commissioners Nipps,
Kercheval, Wivell, and Snook voting “AYE” and Commissioner
Munson voting “NO.”
TASK FORCE/COMMITTEE TO REVIEW RURAL AREA ZONING
Rodney Shoop, County Administrator, outlined four issues which
need to be decided by the Commissioners relating to rural area
zoning: 1) Consensus to have a committee, 2) Decide on the role
of the committee, 3) Decide on the number of people and the
process used to select members, and 4) Determine the length of
time required for the committee to review the issue.
After discussion, it was the consensus of the Board to appoint a
13-member task force. They agreed that each Commissioner would
have one appointment to the committee and that the remaining
eight members would be appointed by consensus. The
Commissioners then discussed the role of the committee and the
issues raised at public hearing. It was agreed to have the new
committee review and make recommendations on equity issues and
programs dealing with this issue, including transferable
development rights (TDRs) programs, installment purchase
arrangements (IPAs), and other bonus-type programs; permitted
uses; small parcels; and lot exemptions. A decision on which
organizations should be represented on the task force is
scheduled for next week’s meeting. The Commissioners decided to
have interested organizations submit three names for
consideration for appointment. They also decided to give the
committee a 90-day timeframe and to revise that deadline if it
becomes necessary.
MAUGANS AVENUE/LONGMEADOW ROAD ADEQUATE PUBLIC FACILITIES
ORDINANCE (APFO) TRANSPORTATION FEE
Gary Rohrer, Director of Public Works, asked the Commissioners
to consider converting the previously adopted APFO
transportation fee assessment on a “per unit” basis (per
dwelling unit) to a “P.M. Peak-Hour Trip” assessment. Mr.
Rohrer explained how the current assessment was
DECEMBER 9, 2003
PAGE FOUR
derived. He stated that the conversion to the P.M. Peak Hour
trip would change the fee from $5,600 per dwelling unit to
$6,000 per P.M. peak hour trip. Mr. Rohrer explained that
different types of residential dwelling units do not all
generate the same amount of traffic. Since the total number of
dwelling units is greater than the number of P.M. Peak-Hour
trips, the cost using this approach is higher. He indicated
that this method is more equitable to the developer and more
manageable for the staff. This analysis can also be applied to
business/commercial development where the per-unit cost cannot
be applied. The meeting was then opened for discussion and
questions on the proposal.
Motion made by Commissioner Nipps, seconded by Kercheval, to
convert the previously adopted Maugansville/Longmeadow Road
Region APFO transportation fee assessment from a “per unit”
basis to a “P.M. Peak-Hour Trip” assessment which would change
the fee from $5,600 to $6,000 per residential dwelling unit, and
make it compatible with other APFO transportation calculations
in the County. The Commissioners agreed to review this issue in
six-months. Motion carried with Commissioners Nipps, Kercheval,
and Snook voting “AYE,” Commissioner Wivell voting “NO,” and
Commissioner Munson “ABSTAINING.”
RECESS - LUNCHEON AND TOUR OF SAFEPLACE
The Commissioners recessed at 12:00 p.m. in order to attend a
luncheon and tour of Safeplace, child advocacy center, hosted by
the staff and executive board of the Community Action Council.
AFTERNOON SESSION
The afternoon session was called to order at 1:06 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.
ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) ARTICLE V – FINAL
DRAFT
The Commissioners reviewed the draft of Article V of the APFO
showing revisions that were made following the November 25
workshop meeting. Mr. Rohrer outlined the changes. The
Commissioners asked that language be added to clarify the intent
in several sections. Richard Douglas, County Attorney, stated
that the revisions made were not substantial enough to require a
second public hearing. After discussion, the Commissioners
requested that Mr. Rohrer make the final revisions for their
review. They agreed to review Article V for adoption at the
December 16 meeting.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Munson, seconded by Nipps, to
convene in closed session at 2:02 p.m. to discuss a personnel
matter that affects one (1) or more specific individuals,
consult with staff, consultants or other individuals about
pending or potential litigation, consult with counsel to obtain
legal advice, consider the acquisition of real property for a
public purpose and matters directly related thereto, and
consider a matter that concerns proposals for businesses or
industrial organizations to locate, expand, or remain in the
State, all 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 Wivell, to
reconvene in open session at 3:44 p.m. Unanimously approved.
In closed session, the Commissioners discussed three (3)
personnel matters that affect one (1) or more specific
individuals, consulted with counsel to obtain legal advice on
one (1) matter, consulted with staff, consultants or other
individuals about pending or potential litigation, considered
the acquisition of real property for a public purpose and
matters directly related thereto, and considered matters that
concern proposals for businesses or industrial organizations to
locate, expand, or remain in the State. Present during closed
session were Commissioners Gregory I. Snook, William J. Wivell,
James F. Kercheval, Doris J. Nipps, and John C. Munson. Also
present at various times were Rodney Shoop, County
Administrator; Richard Douglas; County Attorney; John Martirano,
DECEBER 9, 2003
PAGE FIVE
Assistant County Attorney; Duane Gigeous, Part-time Assistant
County Attorney; Joni Bittner, County Clerk; David Hankinson,
Director of Human Resources; Roland Funk; William McC. Schildt,
Esq.; Carolyn Motz, Airport Manager; and Phil Ridenour, Special
Operations Administrator.
ADJOURNMENT
Motion made by Commissioner Kercheval, seconded by Wivell, to
adjourn at 3:44 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,
County Clerk