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HomeMy WebLinkAbout050621 June 21, 2005 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 were present: Edward Forrest, Bernadette Wagner, and Jacqueline Fischer. Staff members present were Dr. Elizabeth Morgan, Superintendent of Schools; Dr. Patricia Abernethy, Deputy Superintendent of Schools; Rodney Turnbough, Director of Facilities Management; William Blum, Chief Operating Officer; and Christian South, Director of Budget & Finance. Maryland School Assessment Results Dr. Morgan and Dr. Abernethy presented the results of the 2005 Maryland School Assessment test. Dr. Morgan informed the Commissioners that Washington County finished in the top one- third of school systems in the State and showed growth in the percentage of students in the proficient and advanced categories. She then provided the 2003 – 2005 results compared to the State averages. Dr. Abernethy stated that all students have to be at 100% by 2014. Dr. Morgan thanked the Commissioners for their support. She stated that the County was one of four counties in the State that improved at every grade level in both reading and math. Visiting International Faculty Program Dr. Morgan distributed information on the Visiting International Faculty program that allows teachers from abroad to work in the American public school system for a maximum of three years. She stated that there is a growing need for teachers and outlined the discrepancy between the number of teachers needed each year and the number graduating from Maryland colleges. Ed Lynch, Human Resources Director, assured the Commissioners that existing teachers would not be displaced. Maugansville Elementary School Design and Construction Status Mr. Blum and Mr. Turnbough provided an update on the Maugansville Elementary School. Mr. Turnbough stated that they are actively in the process of going through the design development phase and are on schedule to open in 2007. He reviewed the schematic working drawings and stated that they are attempting to provide increased community use areas for night and weekend use. The meeting was then opened for questions from the Commissioners. Marty Lumm, representing the Maugansville Ruritan Club, asked if it would be possible for them to utilize a portion of the old building. The Board indicated that they have not made a final determination on the disposition of the current facility and outlined the process used when a school is . retired RECESS The Commissioners recessed at 9:10 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:15 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 Vice President Wivell led the invocation, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – JUNE 14, 2005 Motion made by Commissioner Nipps, seconded by Munson, to approve the minutes of June 14, 2005, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson reported on the Agricultural Education Center Board and stated that they are considering using the funds from the Don Schwartz Memorial Fund to construct a sawmill at the Rural Heritage Village. He stated that he attended an Eagle Scout ceremony at Trinity Lutheran Church. Commissioner Munson informed the Commissioners that the Disabilities Advisory Committee is recommending that fees for residential permits at the Forty West Landfill be lowered for disabled individuals if they qualify for Social Security Administration or Civil Service JUNE 21, 2005 PAGE TWO disability status. He indicated that this proposal would be discussed by the Solid Waste Advisory Committee at its meeting this week. Commissioner Nipps reported on the Airport Advisory Commission meeting. She informed the Commissioners that she attended a th celebration in Annapolis for the 700 Habitat for Humanity house built in Maryland. Commissioner Nipps stated that the Commission for Women has initiated a program for inmates at the County Detention Center to read and record stories for their children. She noted that participants must have graduated from parenting classes offered at the Detention Center to be eligible for the program. Commissioner Kercheval reported on the meetings of the Public Golf Corporation and Local Management Board. He stated that, according to reports from the Convention & Visitors Bureau, the documentary “Fields of Freedom” provided over $2 million in economic impact while filming in the County. Commissioner Kercheval stated that the Hagerstown City Council would be discussing the proposed sewer allocation policy that they would be submitting to the Maryland Department of the Environment at its meeting tonight. He voiced several concerns about the language in the policy. Commissioner Wivell informed the Commissioners that he visited the Flook farm, which is the film site for “Fields of Freedom,” and met with the production crew. He stated that the documentary would be shown at the Gettysburg National Battlefield Museum. Commissioner Wivell thanked the Flook family for their cooperation and indicated that the film crew had many positive comments about the County and might be interested in filming other documentaries here in the future. REPORTS FROM COUNTY STAFF Norman Bassett, Public Information Officer, informed the Commissioners that the Disabilities Advisory Committee voted to request that fees for landfill residential permits for disabled individuals on fixed incomes be lowered to the senior citizens rate. He stated that this recommendation would be presented to the Solid Waste Advisory Committee on Thursday. BUILDING EXCISE TAX REFUND Motion made by Commissioner Nipps, seconded by Munson, to require that municipalities have an adequate public facilities ordinance in place by September 1, 2005 in order to receive the refund of excise tax collected. Unanimously approved. PROPOSED AMENDMENTS – SOLID WASTE COLLECTION LICENSING ORDINANCE Motion made by Commissioner Munson, seconded by Nipps, to approve the proposed amendments to the Solid Waste Collection Licensing Ordinance, which bring the Ordinance up to date, change the licensing requirements and establish the Washington County Health Department as the permitting and enforcement agency for proposed burning, and change the listing of materials since the rubble fill is no longer operational. The Commissioners asked that the Ordinance be reviewed in six months. Unanimously approved. REAPPOINTMENT – BOARD OF ZONING APPEALS Motion made by Commissioner Munson, seconded by Nipps, to reappoint Thomas Oyster as alternate to the Board of Zoning Appeals for a three-year term. Unanimously approved. BID AWARD – CONTRACT SERVICES AT TRANSFER STATIONS AND ON-SITE AT FORTY-WEST LANDFILL Motion made by Commissioner Kercheval, seconded by Munson, to award the bid for contract services at transfer stations and on- site at the Forty West Landfill to Peck’s Refuse Disposal LLC, which submitted the sole responsive, responsible bid for Option No. II in the amount of $282,820 plus Alternate No. I for cardboard transports in the amount of $2,280 for a total amount of $285,100. Unanimously approved. JUNE 21, 2005 PAGE THREE CONTRACT RENEWAL – NATURAL GAS AT COUNTY FACILITIES Motion made by Commissioner Nipps, seconded by Kercheval, to approve the contract renewal with Washington Gas Energy Services, Inc., for natural gas at County facilities per State of Maryland Contract Bid No. 001IT812454, based upon the fixed rate for transportation and the NYMEX index for natural gas as outlined in the State contract, with the right to select a fixed price at any time, to commence the first of the selected month. The term of the contract is June 1, 2005 through May 31, 2006. Unanimously approved. BID AWARD – OFFICE SUPPLIES, DESKTOP DELIVERY TO WASHINGTON COUNTY DEPARTMENTS/AGENCIES Motion made by Commissioner Nipps, seconded by Kercheval, to award the contract for office supplies/desktop delivery to Washington County departments/agencies to OfficeMax, which submitted the lowest responsive, responsible bid of $179,184 (which includes a 55% discount on non-listed items). Unanimously approved. CITIZEN’S PARTICIPATION Tom Berry commented on the workshop session regarding the rural area zoning and asked the Commissioners to reconsider the Comprehensive Plan and work with the State and City to revise it based on current conditions. RENEWAL – JUVENILE SERVICES CONTRACTS Motion made by Commissioner Nipps, seconded by Munson, to renew the one-year contract for the Juvenile Community Service/Informal Supervision program with the Department of Juvenile Services, for the amount of $72,000 and Night Intake Services for the amount of $33,441, as provided by the State Department of Juvenile Services for FY 2006. Unanimously approved. PUBLIC HEARING – AMENDMENTS TO THE BUILDING EXCISE TAX ORDINANCE The Commissioners convened a public hearing 11:00 a.m. in order to hear comments on the proposed amendments to the Building Excise Tax Ordinance. Richard Douglas, County Attorney, stated that the enabling law authorizing adoption of the Ordinance does not require that a public hearing be held. Mr. Douglas then reviewed each of the revisions that were made at the June 14, 2005 meeting. The revisions included: 1) Redevelopment areas. Exempting the City of Hagerstown’s C3 and Conversion overlay zoning districts. 2) Nonresidential construction. Adoption of the matrix proposed by the Economic Development Commission for use in determining the tax on nonresidential construction, along with an exemption on the first 5,000 sq. ft. of nonresidential construction. 3) Enhanced tax. In subdivisions of over 25 residential units in one fiscal year, developers will be charged th double the normal tax beginning with the 26 unit if one or more of certain conditions exist. 4) Enterprise zones. Land in enterprise zones is exempt from the Tax. 5) Administration fee. The 2% administrative fee that the municipalities may retain for collection of the tax shall be calculated on only the County’s portion of the tax collected, not on that portion retained by the municipality as its share of the tax. 6) Structures owned by churches and religious organizations, as defined by the IRS, would be exempt from the tax if the structures are used for religious, educational or community purposes. 7) Credit for in- kind contributions. Parties who contribute real property or other items of value acceptable to the Commissioners may be afforded credits toward the tax, as governed by Article IX of the Adequate Public Facilities Ordinance. The Commissioners discussed whether to exempt structures erected in campground and recreational areas. They agreed to treat them as nonresidential units under the EDC’s matrix the same as hotels and motels. They agreed to clarify language under the section on piecemeal applications. The Commissioners reviewed the appeal process and directed the County administrator to report any appeals to the Board. Commissioner Wivell then opened the meeting for public comment. Ted Shankle, Executive Director of Hagerstown Housing Authority, encouraged them to consider lowering the threshold for low and median income exemptions from 50-120% to 0-120%. James Upchurch, Interfaith Housing, JUNE 21, 2005 PAGE FOUR asked them to consider charging the tax based on square footage rather than a fixed rate. He also suggested that multifamily apartments be given a lower rate and recommended an exemption for all households under 50% of median income levels. Pete Plamondon, developer for Springhill Suites, asked that they review hotel use and possibly the lower tax for hotels, which have a less intensive use and do not impact schools or roads infrastructure. Glenn Morgan, PenRose Properties, stated that the workforce housing exemption does not go far enough and should be expanded. Michael Weinman, Lakeside Partnership Mobile Home Park, stated that the tax would eliminate the sale of manufactured homes in the County. Tom Plant, President of TVS Properties, requested an exemption for renovation of buildings in certain zoning designations in the City. Kathy Maher, Planning Director for the City of Hagerstown, thanked the Commissioners for including exemptions for Conversion overlay and C3 zoning districts in the City. Jason Divelbiss referenced several subsections that he opposed and several sections that he feels should be clarified. Martin Brubaker commended the Commissioners on instituting the tax. He voiced concern that the multifamily rate should be less than single-family. After hearing all comments, the public hearing was closed at 12:01 p.m. RECESS – LUNCH AND PRESENTATION OF BOYS AND GIRLS CLUB DIGITAL ARTS PROGRAM The Commissioners recessed at 12:01 p.m. for lunch at the Boys and Girls Club for the presentation of digital arts program. AFTERNOON SESSION The afternoon session was called to order at 1:24 p.m. by Vice President William J. Wivell, with the following members present: Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. PRESENTATION OF PLAQUES – GOING FOR THE GOLD CERTIFICATES David Hankinson, Human Resources Director, and Norman Bassett, Public Information Officer, explained that over the past seven years, the Washington County Training Office and Hagerstown Community College’s Division of Continuing Education have offered courses in government management and support. In order to quality, employees had to take a minimum of 24 course hours in a core curriculum and elective courses. The following employees received Government Supervisory Management Certificates: Rocky Bishop, Mark Bradshaw, Bernard Canfield, Rick Curry, Randy Edwards, Angie Loewenheim, Kenny Rickett, Misty Wagner-Grillo, and Jennifer Kinzer. Office Support Management Certifications were awarded to Joanne Morgan and Irene Rosenberry. The Commissioners congratulated the employees on this achievement. SIX-MONTH REVIEW – REVISIONS TO THE OUTDOOR ADVERTISING SECTION OF THE ZONING ORDINANCE Jill Baker, Planner, and Michael C. Thompson, Planning Director, appeared before the Commissioners to fulfill the requirement for a six-month review of the revisions that were made to the Outdoor Advertising section of the Zoning Ordinance in November 2004. She stated that no new applications have been made to install, remove, or relocate any outdoor advertising signs within the County’s jurisdiction in the past six months. BUILDING EXCISE TAX TRANSITION POLICY Motion made by Commissioner Nipps, seconded by Munson, to amend the Building Excise Tax Transition policy to take effect on July 12, 2005, to coincide with the adoption of the Building Excise Tax Ordinance. Unanimously approved. PURCHASE OF RIGHT-OF-WAY - MAUGANS AVENUE PROJECT Motion made by Commissioner Munson, seconded by Kercheval, to approve the purchase of the following easements that are needed for the Maugans Avenue improvement project: 1) Tracy and Mark Dinezza for $34,600 - 1,063 square feet in fee simple, 1,300 square feet in slope/grading easement, and 788 square feet in temporary construction easement, and 2) Hovermale acquisition in the amount of $11,140 for 1,914 square feet in fee simple, JUNE 21, 2005 PAGE FIVE 2,233 slope/grading easement, and 582 square feet in temporary construction easement. Unanimously approved. INTERGOVERNMENTAL AGREEMENT AND SOLE SOURCE PURCHASE – DIGITAL BASED ASSET AND PAVEMENT MANAGEMENT TRACKING CONSULTING SERVICE AND SOLFTWARE Motion made by Commissioner Kercheval, seconded by Nipps, to award the contract for consulting services for digital based asset and pavement tracking services to Enterprise Information Solutions, Inc. in the amount of $82,469 by utilizing the Howard EnterRoadInfo County, Maryland, contract for the and the EnterRoadInfo Pavement Module for in accordance with the terms and conditions of that contract. The award is a sole source Code procurement based on Sections 1-106.2(a)(1) and (2) of the of the Public Local Laws of Washington County . Unanimously approved. BID AWARD – SMITHSBURG BRANCH LIBRARY Motion made by Commissioner Nipps, seconded by Munson, to award the contract for construction of the Smithsburg Branch Library to Excel Construction Company, which submitted the lowest responsive, responsible base bid of $1,143,000 with Alternate No. 1 for $43,000 and Alternate No. 2 for $32,000 for a total bid of $1,218,000. Unanimously approved. REZONING COMPREHENSIVE PLAN AMENDMENT CP-05-002 (SHANK FARMS, INC.) Richard Douglas, County Attorney, reviewed Comprehensive Plan Amendment CP-05-002, submitted by the Shank Farm, Inc. to amend the Land Use Plan to include the subject property in the Urban Growth Area (UGA) and be assigned a land use policy designation of Low Density Residential. Mr. Douglas stated that the Planning Commission recommended denial of the amendment due to the lack of infrastructure, utilities, and overcrowding of schools in the area. They stated that the request is not logical, appropriate or consistent with the Comprehensive Plan. Commissioner Kercheval stated that the sewer capacity is greatly limited due to new State regulations. He also raised concerns about development in the areas around the quarry and increasing density in development. The Commissioners discussed the application and indicated that they agreed with the Planning Commission’s findings due to the following: 1) There was not compelling evidence that the boundary was incorrect, 2) there is limited sewer capacity, and 3) it did not warrant bringing the property into the UGA when the infrastructure would not support it and buildout of the current UGA. It was the consensus that the UGA boundary is appropriate at the current time due to the limited capacity of public water and sewer availability and Maryland Department of the Environment regulations. Motion made by Commissioner Munson to approve application CP-05- 002 and amend the UGA boundary to include this property. The motion died for lack of a second. Motion made by Commissioner Nipps, seconded by Kercheval, to deny Comprehensive Plan application CP-05-002 as submitted by Shank Farms, Inc. as recommended by the Planning Commission and staff. Motion carried with Commissioners Nipps, Kercheval, and Wivell voting “AYE” and Commissioner Munson voting “NO.” TEXT AMENDMENT - WATER & SEWERAGE PLAN WS-05-001 Tim Lung, Senior Planner, reviewed Text Amendment WS-05-001 requesting that the Water & Sewerage Plan be amended to include revisions to Table 3 (Projected Water Supply Demands and Planned Capacity), Table 6 (Immediate Five and Ten Year Priorities for Water Development) and the text for the Smithsburg Water Service Area in Chapter Three to reference the proposed construction of a new 0.25 MG ground water storage tank to augment the Town’s finished water storage. Mr. Lung stated that the proposed improvements are located within the corporate limits of the Town of Smithsburg and the existing Smithsburg Water Service Area. The Comprehensive Plan encourages growth and development to occur within the designated growth area where public facilities exist or can easily be extended. Motion made by Commissioner Nipps, seconded by Kercheval, to approve text JUNE 21, 2005 PAGE SIX amendment WS-05-001 submitted by the Town of Smithsburg. Unanimously approved. TEXT AMENDMENT – SUBDIVISION ORDINANCE SO-05-001 Michael Thompson, Director of Planning, reviewed text amendment SO-05-001 to revise the language of the Subdivision Ordinance, Article IV, Section 405.5 relating to the design of cul-de-sacs within Washington County. He stated that the Planning Commission recommended approval of the text amendment. The Commissioners discussed the proposal to regulate the length of cul-de-sacs and the number of dwellings they could serve due to emergency service concerns. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the text amendment SO-05-001. The motion did not carry with Commissioners Kercheval and Nipps voting “AYE” and Commissioners Munson and Wivell voting “NO.” CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 2:41 p.m. to discuss a personnel matter that affects one or more specific individuals, consult with counsel to obtain legal advice, and consider matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State, 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 Kercheval, to reconvene in open session at 3:33 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel matters, consulted with counsel to obtain legal advice on one (1) matter, and considered matters that concern a proposal for a business or industrial organization to locate, expand, or remain in the State. Present during closed session were Commissioners William J. Wivell, James F. Kercheval, Doris J. Nipps, and John C. Munson. Also present at various times were Rodney M. Shoop, County Administrator; John Martirano, County Attorney; Richard Douglas, County Attorney; Joni Bittner, County Clerk; Carolyn Motz, Airport Manager; David Hankinson, Human Resources Director; Debra Murray, Director of Finance; and Kim Edlund, Assistant Director of Finance. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Nipps, to adjourn at 3:33 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk