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HomeMy WebLinkAbout050920 September 19, 2005 Hagerstown, Maryland JOINT PUBLIC HEARING – REZONING CASES RZ-05-008 A joint public hearing of the Board of County Commissioners of Washington County and the Washington County Planning Commission was convened in Court Room #l at 7:00 p.m. to hear testimony and receive evidence in rezoning map amendment RZ-05-008. Presiding at the hearing were County Commissioners President Gregory I. Snook and Planning Commission Chair Donald Ardinger. Also present at the hearing were County Commissioners William J. Wivell, James F. Kercheval, John C. Munson and Doris J. Nipps, and Planning Commission members Benjamin Clopper, Linda Parrish, and George Anikis. The public hearing was adjourned at 9:15 p.m. PUBLIC HEARING – ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) AMENDMENTS The County Commissioners convened a public hearing at 9:15 p.m. to hear a presentation and public comments on the proposed revisions to the following articles of the Adequate Public Facilities Ordinance (APFO): Article II – Definitions, Article IV-Roads, Article V-Schools, and Article IX-Exemptions, Agency Participation. Michael Thompson, Director of Planning, reviewed the proposed amendments. He stated that they propose to add Section 2.1(b) to Article II to prevent developers from obtaining piecemeal approval of projects in such a manner as would violate the spirit and intent of the APFO. Also added to Article II would be Section 2.3.1.1, which is a definition for “background enrollment growth.” A definition of Minor Subdivisions is proposed to be added to Section 2.3.12.1. Mr. Thompson stated that the bulk of the proposed amendments are in Article V-Schools of the APFO. It is proposed to amend Sections 5.1(b) and 5.4.1 to raise the capacity rate for failing at the elementary school level from the current 85% to 90% of the state rated capacity. This would be in keeping with the target class size of 21 students per classroom as established by the Board of Education. The addition of Section 5.2(c) would provide for an exemption for public and private schools and public safety facilities. Section 5.3 has been added to set forth the manner and timing for enrollment data to be provided to the County Commissioners by the Board of Education. Section 5.5, Measuring for Capacity, has been rewritten to provide for the manner in which the capacity of a school shall be measured, the effect of existing capacity in neighboring attendance areas and possible phasing of development. Section 5.5(f) provides that where a project is found to be inadequate, the project is to be denied, except as provided in Section 9.3A. Section 9.3A provides additional guidelines for the County Commissioners to determine if and when a mitigation offer should be considered. Subsections (b), (c), and (d) of this Section establish some criteria on which to base such decisions and limitations as to when this section could be utilized. They provide that schools must have adequate core capacity to serve the additional students, and mitigation plans for major subdivisions must provide for temporary improvements to handle additional students with permanent improvements to occur within three years. Commissioner Snook announced that a second public hearing on the APFO amendments would be scheduled due to the lateness of the hearing. He apologized and stated the rezoning hearing had taken longer than was anticipated. The hearing was then opened for public comment. After hearing all comments, the meeting was adjourned at 10:45 p.m. __________________________, County Administrator , County Attorney , Clerk September 20, 2005 Hagerstown, Maryland JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the Board of Education at 8:00 a.m. The following Board of Education members were present: Russell Williams, Jacqueline Fischer, Ed Forrest, Roxanne Ober, and Paul Bailey. Staff members present were Dr. Elizabeth Morgan, Superintendent of Schools; Rodney Turnbough, Director of Facilities Management; William Blum, Chief Operating Officer; and Christian South, Director of Budget & Finance. FOURTH QUARTER BUDGET ADJUSTMENTS Motion made by Commissioner Nipps, seconded by Munson, to approve the following fourth quarter budget adjustments, as requested by the Board of Education, by decreasing the following categories: Revenue - $65,458; Administration - $168,197; Mid- level Administration - $44,509; Other Instructional Costs (Equipment) - $27,876; Special Education - $238,838; Student Health Services - $5,161; Student Transportation Services - $85,928; Maintenance of Plant - $93,117; and Fixed Charges - $117,026; and increasing the following categories: Instructional Salaries - $118,912; Instructional Textbooks & Supplies - $498,480; Student Personnel Services - $25,850; Operation of Plant - $25,630; and Capital Outlay - $104,500, for a net reduction in Fund Balance of $58,168. Unanimously approved. BOARD OF EDUCATION’S FACILITIES MASTER PLAN – FY 2007-2012 William Blum, Chief Operation Officer; Rod Turnbough, Director of Facilities Management; and Michael Peplinski, Supervisor of Maintenance & Operations, reviewed the Facilities Master Plan for FY 2007-2012 with the Commissioners. Mr. Blum stated that the Plan is an annual requirement for all school districts in Maryland. He noted that the plan is driven by the enrollment forecast and the facilities assessment. Mr. Peplinski reviewed the assessment criteria and showed the ranking of each school based on 31 criteria. He stated that the maintenance request for FY 2007, based on the new assessment, is $8.4 million. Mr. Blum stated that the increases in estimated costs are due to a 21% increase in construction costs. He indicated that they anticipate the State’s financial participation to be $500,000. The projects that are being proposed in 2007 were then outlined. Debra Murray, Director of Finance, stated that she is working with the Board staff to set up the FY 2007 Capital Improvement Program (CIP) budget on a cash flow basis. The meeting was then opened for questions. Commissioner Wivell asked if the Board has been developing a policy on mitigation for development. Mr. Blum indicated that it would depend on whether the language in the Adequate Public Facilities Ordinance included the Board in the approval process. The Commissioners emphasized that they would not exclude the Board from the approval process and that they need to continue to work on developing this policy. Commissioner Snook asked for enrollment information by school and by class. The Commissioners also asked the Board for information on the schools where an addition could be added to help meet immediate needs. RECESS The Commissioners recessed at 9:32 a.m. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:36 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 County Commissioner Greg Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – AUGUST 30 & SEPTEMBER 13, 2005 Motion made by Commissioner Nipps, seconded by Munson, to approve the minutes of August 30 and September 13, 2005, as amended. Motion carried with Commissioners Nipps, Munson, Kercheval, and Snook voting “AYE” and Commissioner Wivell “ABSTAINING.” SEPTEMBER 20, 2005 PAGE TWO INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employees Ramiro Ramos-Izquierdo (Permits & Inspections); Douglas McKay (Permits & Inspections) and Brenda Lampard (Budget & Finance). The Commissioners welcomed the new employees and wished them well in their positions. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Wivell informed the Commissioners that he was contacted by a member of the City Council regarding their concerns about the possible sale of the Maryland Theatre. He stated that he attended the Code Home Rule forum that was sponsored by the League of Women Voters and stated that there should be some review of the charter form of government as well. Commissioner Wivell indicated that he attended the transportation breakfast sponsored by the Department of Social Services and noted that businesses in the Hopewell Valley are requesting that public transportation services be provided to that area. He reported on the Water Quality Advisory Commission meeting and stated that the Commission voted to recommend that the Board of County Commissioners waive the allocation fees for the PenMar water system, which was funded through grant funds. Commissioner Wivell stated that it would cost an estimated $167,700 to waive the fees. Motion made by Commissioner Wivell to forgive the allocation fees for those being served by the PenMar Water System. After discussion, Commissioner Wivell agreed to rescind his motion until the Commissioners and Water Quality Advisory Commission can have further discussion on the recommendation. Commissioner Kercheval reported on the meetings of the Mental Health Advisory Committee and Airport Advisory Commission. He stated that he attended the Whistle Stop Tour sponsored by the Norfolk Southern Railroad which brought in their specially designed railroad cars to train first responders in our County to better handle emergency incidences involving trains. Commissioner Snook informed the Commissioners that Hagerstown Community College would be making a presentation to them in the near future regarding a proposal to develop a wet lab facility at the College. He reminded the Commissioners that the Alsatia Mummer’s parade is scheduled for October 29. Commissioner Snook stated that he received a letter from the Department of Housing & Community Development that the Keefauver property was placed on the National Register of Historic Places. He informed the Commissioners that he received a letter from the Maryland Institute of Emergency Systems regarding a regional seminar being held to update the State Emergency Management System plan. Commissioner Snook noted that the most recent edition of Maryland Realtor magazine states that Washington County’s average home price is $247,000. Commissioner Nipps stated that Habitat for Humanity dedicated st its 21 house in Washington County. She also reported on the Leadership Maryland retreat held on the Eastern Shore last week. FY 2005 BUDGET ADJUSTMENTS Debra Murray, Director of Budget & Finance, met with the Commissioners to review her recommendations for FY 2005 budget adjustments. Ms. Murray recommended the following: $3,500,000 for Board of Education deferred maintenance projects; $1,000,000 for road maintenance and rehabilitation; $2,180,000 for Capital reserves for anticipated construction material increases; $4,000,000 to cash reserves, $1,000,000 for GASB 45 requirements; and $320,000 for relocation of the Commission on Aging offices to the Aspiring to Serve facility (70%). The meeting was then opened for questions and discussion. Ms. Murray explained that construction costs are anticipated to increase due to Hurricane Katrina. She also explained that increasing the cash reserves would bring the reserve to approximately 14-15% and move closer to the targeted 17% surplus. Commissioner Wivell indicated that he would like the Commissioners to consider making a one-time lump sum refund to taxpayers. SEPTEMBER 20, 2005 PAGE THREE The Commissioners discussed the recommendation. William Blum, Chief Operating Officer for the Board of Education, outlined the list of maintenance projects that would be undertaken. Ms. Murray informed the Commissioners that the surplus was realized through increases in income tax revenue, interest income, recordation tax, and service fee revenue. The Commissioners discussed the proposals and made adjustments to provide a refund to taxpayers or a credit on their next year’s tax bill. They also asked that the Board of Education submit the list of deferred maintenance projects to them for approval. Motion made by Commissioner Wivell, seconded by Munson, to approve the following budget adjustments for the FY 2005 budget: Set aside $2,000,000 to provide a one-time lump sum tax refund to property owners; $3,500,000 to cash reserves, $1,180,000 for capital reserves for construction material increases; $500,000 to fund GASB 45 requirements; and $3,500,000 to the Board of Education for deferred maintenance projects; $1,000,000 for road maintenance and rehabilitation projects; and $350,000 to fund the Commission on Aging offices relocation to the Aspiring to Serve building. Unanimously approved. CONTRACT AWARD – TEEN PARENT EDUCATION ENHANCEMENT FUND Motion made by Commissioner Nipps, seconded by Kercheval, to award the contract for the Teen Parent Enhancement Fund to the Washington County Community Action Council, the sole proposer, in the amount of $92,767 to expand services to meet the educational needs of parenting teens, enabling them to complete their high school education or equivalent. Unanimously approved. CITIZENS’ PARTICIPATION Sheriff Mades and Captain Doug Mullendore appeared before the Commissioners to state that they support the recommendation to re-evaluate the rank structure at the Washington County Sheriff’s Office. ADOPTION OF RESOLUTION – REGULATIONS FOR APPEALS – LIVABILITY CODE FOR WASHINGTON COUNTY Motion made by Commissioner Nipps, seconded by Munson, to adopt the resolution to provide that appeals under the Livability Code for Washington County shall be heard by the Board of Zoning Appeals as established by Md. Code, Article 66B, Section 4.07, and the Washington County Zoning Ordinance, Article 25. Unanimously approved. APPROVAL TO FILL POSITION – CHIEF PLAN REVIEWER Motion made by Commissioner Nipps, seconded by Munson, to begin the process to fill the position of Chief Plan Reviewer in the Permits & Inspections Department by mid-November to give a 30- day training period before the retirement of the current employee. Unanimously approved. HAGERSTOWN-EASTERN PANHANDLE METROPOLITAN PLANNING ORGANIZATION – ACCEPTANCE OF FEDERAL FUNDING Motion made by Commissioner Munson, seconded by Nipps, to approve the resolution to accept federal grant funding in the amount of $326,914 for the Hagerstown-Eastern Panhandle Metropolitan Planning Organization FY 2006 budget. Unanimously approved. COUNTY ADMINISTRATOR’S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that two 911 Technicians would be deploying to Louisiana to assist with the aftermath of Hurricane Katrina. He indicated that their salaries would be reimbursed by FEMA. Mr. Shoop stated that the Workforce Housing Task Force report would be delayed. He confirmed that the consultant’s report on the City of Hagerstown’s water rates would be presented on September 23 at the Water Quality Department. Motion made by Commissioner Wivell, seconded by Kercheval, to approve advertising to fill a Part-time 911 Technician position. Unanimously approved. SEPTEMBER 20, 2005 PAGE FOUR APPOINTMENT – MENTAL HEALTH AUTHORITY Motion made by Commissioner Nipps, seconded by Munson, to appoint Jennifer Barrett to the Mental Health Authority for a three-year term. Unanimously approved. RECESS – LUNCH AND TOUR – WASHINGTON COUNTY HUMANE SOCIETY The Commissioners recessed at 10:55 a.m. in order to attend a luncheon and tour of the Washington County Humane Society. (Commissioner Kercheval was excused from the meeting at this time.) AFTERNOON SESSION The afternoon session was called to order at 1:32 p.m. by President Gregory I. Snook, with the following members present: Commissioners William C. Wivell, John C. Munson, and Doris J. Nipps. MAGNOLIA FOUNDATION SCHOLARSHIP FUND Dr. Gaye McGovern, Chair of the Magnolia Foundation Scholarship Fund, appeared before the Commissioners to request their participation in the amount of $5,000 annually for five years to place two scholarships in the name of the County Commissioners in the overall scholarship fund in perpetuity. The Henson/Waltersdorf Challenge would match the contribution. Dr. McGovern stated that receipt of these scholarships would be at the discretion of the Commissioners within broad guidelines of the Magnolia Foundation Scholarship Fund for those students attending the University System of Maryland at Hagerstown. The meeting was opened for questions and discussion concerning the request. The Commissioners agreed to fund the request in one lump sum amount with the stipulation that only Washington County residents would be eligible for the scholarships. Motion made by Commissioner Wivell, seconded by Nipps, to contribute $25,000 to the Magnolia Scholarship Fund to provide two scholarships to the University System of Maryland Hagerstown for Washington County residents, with funds to be taken from the Commissioners Contingency Fund. They agreed to establish further criteria for recipients of the scholarships at a later date. Unanimously approved. BUDGET ADJUSTMENT – NORTH HAGERSTOWN HIGH SCHOOL STADIUM Motion made by Commissioner Nipps, seconded by Wivell, to accept a grant of $150,000 approved by the Maryland General Assembly for the construction of the North Hagerstown High School stadium. Unanimously approved. RELOCATION OF THE WASHINGTON COUNTY COMMISSION ON AGING Susan MacDonald, Executive Director of the Commission on Aging, and Mike Manspeaker, Smith, Elliott, Kearns & Company, met with the Commissioners to discuss a build-out cost option to expedite the Commission on Aging’s move to the Aspiring to Serve building. Ms. MacDonald stated that the Commissioners voted on August 9, 2005 to approve the relocation to the West Franklin Street location. Mr. Manspeaker reviewed the Commission’s lease options. Commissioner Snook suggested that they establish a base for utilities and have them metered separately. Rodney Shoop, County Administrator, indicated that Appalachian Regional Commission (ARC) funding in the amount of $136,000 (30%) has been identified to assist in covering the $8.50 per square foot cost for the unfinished space. The County would then be responsible for $320,000 or 70% of the cost. Mr. Manspeaker recommended that they enter into Option 1 for 15 years. The meeting was then opened for questions and discussion. Also discussed was the current lease in the Alexander House. Ms. MacDonald informed the Commissioners that the current lease is on a month-to-month basis but will almost double in cost beginning in October. Motion made by Commissioner Nipps, seconded by Wivell, to proceed with lease negotiations to relocate the Washington County Commission on Aging to the Aspiring to Serve building under Option 1 for rental of 7,600 square foot at $8.50 per square foot for a 15-year period with a 5 year renewal option, with the County to provide funding for build out of the SEPTEMBER 20, 2005 PAGE FIVE space and to require separate metering to establish a base for utilities. Unanimously approved. REZONING MAP AMENDMENT – RZ-05-003 (EDWARDS INVESTMENT COMPANY) Richard Douglas, County Attorney, reviewed map amendment RZ-05- 003, submitted by Edwards Investment Company to rezone the subject property from HI-1 – Highway Interchange 1 to HI-2 – Highway Interchange 2, which was discussed at the September 13, 2005 meeting. Mr. Douglas stated that the Planning Commission recommended that the request for rezoning be granted. He stated that he was directed to prepare the Findings of Fact and Decision reflecting the consensus the Board reached during last week’s meeting. Motion made by Commissioner Munson, seconded by Nipps, to grant rezoning request RZ-05-003 from Edwards Investment Company to rezone from HI-1 – Highway Interchange 1 to HI-2 – Highway Interchange 2, and adopt the Findings of Fact and Decision of the Board of County Commissioners as prepared by the County Attorney. Unanimously approved. REZONING CASE RZ-05-007 – HEIDI MACKLEY, TRUSTEE Richard Douglas, County Attorney, reviewed map amendment RZ-05- 007, submitted by Heidi Mackley, Trustee to rezone the subject property from RU – Residential Urban to BG – Business General. Mr. Douglas stated that the Planning Commission recommended denial of the rezoning based upon a determination that this request is not logical or appropriate and is not consistent with the Comprehensive Plan for the County. The meeting was then opened for questions from the Commissioners. After discussion, the Commissioners agreed to wait until next week when there is a full Board to vote on the request. They asked if they could designate a lower density business classification than was requested. Richard Douglas, County Attorney, stated that the applicant would have to agree to the change. The Commissioners asked staff to meet with the applicant and her counsel to discuss the lower density zoning classification. MESKHETIAN TURKISH REFUGEES Martin Ford, Deputy Director of the Maryland Office for New Americans, met with the Commissioners to outline the resources that are currently available to assist Meskhetian Turkish refugees. Mr. Ford informed the Commissioners that assistance is provided for individuals who are forced to leave their country. He provided information on the Federal Refugee Resettlement Program. Mr. Ford indicated that Meskhetian Turks are refugees who were expelled from Georgia in the former Soviet Union. His program, after reception and placement, administers employment services and English language instruction to help assure that they are integrated and get on their feet economically. The meeting was then opened for questions. Mr. Ford stated that several area churches are involved in the program. The Washington County Department of Social Services is handling employment services for the approximately 140 refugees who are settling in Hagerstown/Washington County. Dave Engle, Director of the Department of Social Services, indicated that he might ask the County to be the recipient of federal funds for the programs and transportation. ADJOURNMENT Motion made by Commissioner Nipps, seconded by Wivell, to adjourn at 3:10 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk