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HomeMy WebLinkAbout060214 February 14, 2006 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: Ed Forrest, Russell Williams, Wayne Ridenour, Bernadette Wagner, and Jacqueline Fischer. Staff members making presentations were Dr. Elizabeth Morgan, Superintendent of Schools; William Blum, Chief Operating Officer; and Christopher South, Director of Budget and Finance. Second Quarter Budget Adjustments Motion made by Commissioner Nipps, seconded by Kercheval, to approve the following second quarter budget adjustments, as requested by the Board of Education, by decreasing the following categories: Mid-level Administration - $8,005; Instructional Salaries - $203,380; Instructional Textbooks & Supplies - $155,900; Special Education - $157,360; and Fixed Charges - $90,000; and increasing the following categories: Revenue - $150,000; Other Instructional Costs - $146,050; Student Personnel Services - $12,570; Operation of Plant - $100,000; and Maintenance of Plant - $187,995. 93,117, for a net increase on Fund Balance of $202,795. Unanimously approved. Geographically-Based Election of Board Members Mr. Forrest reviewed the letter sent by the Board of Education to the Washington County Delegation to the General Assembly outlining their opposition to a referendum to elect school board members by regions or geographic voting areas. He stated that this system is utilized in areas of higher density. The Board indicated that they are concerned that this would encourage a partisan approach and conflicts over resources. Ms. Wagner stated that they heard a task force might be appointed to research the proposal and asked that, if the Commissioners are involved in the process, it be balanced to represent various viewpoints. The Board also asked that the Commissioners take their position to the Delegation if approached. Update – Advisory School Design Review Committee Gary Rohrer, Director of Public Works, provided an update on the projects that have been reviewed by the Advisory School Design Review Committee. He stated that they have reviewed the North Hagerstown High School Stadium project and are in the process of reviewing the Maugansville Elementary School project. Adequate Public Facilities Ordinance (APFO) Update Commissioner Kercheval stated that he met with members of the City Council regarding the City’s proposed APFO. The City had concerns on using a flat student generation rate for the whole County and asked that we move ahead with formulas to calculate student generation rates by region. After discussion, it was agreed to schedule additional time at the next joint meeting to discuss this item in more detail. 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. 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. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Munson informed the Commissioners that the Constant Yield Rate for FY 2007 would be $.873. Commissioner Nipps stated that she attended the Maryland Association of Counties (MACo) Legislative Committee meeting. She also reported that she participated in the forum sponsored by the League of Women Voters regarding intergovernmental cooperation. FEBRUARY 14, 2006 PAGE TWO Commissioner Wivell reported on the meetings of the Economic Development Commission, Water Quality Advisory Commission, and PenMar Development Corporation. Commissioner Kercheval reported on the Economic Development Commission meeting, his participation in the forum sponsored by the League of Women Voters, and Metropolitan Planning Organization (MPO) meeting. He stated that he met with City Council members Lew Metzner and Kristin Aleshire regarding language for the City’s APFO. Commissioner Kercheval stated that items discussed included exemptions of small subdivisions, student generation rates, the process for mitigation plans, and extension of the deadline for adoption. He stated that he feels they have resolved some of the concerns over these issues and have a conceptual understanding as to the language needed to create a City APFO for schools that is significantly similar to the County’s version. The City will be making those changes and will be forwarding a draft for the County’s comment and review in the near future. Commissioner Snook reported that he met with representatives of the Neighborhoods First Program. He informed the Commissioners Baltimore Sun that a recent article in the regarding business incubators included information on the incubator located at Hagerstown Community College. Commissioner Snook reported on the MACo Legislative Committee meeting and the concerns regarding the costs to the counties if the early voting legislation is approved. REPORTS FROM COUNTY STAFF Dan Divito, Director of Permits & Inspections, introduced Brennan Garrett, the new Chief Plans Reviewer. Jim Hovis, Director of the Gaming Office, stated that House Bill 1325 that was recently introduced would regulate gaming operations in the State. He indicated that Delegate Donoghue assured him that the bill would not include Washington County. Jaime Dick, Director of the Recreation Department, met with the Commissioners to request their approval to increase the fees for the Summer Day Camp programs. He recommended that the ten-hour sites be increased from $40-$45 per week and the eight-hour sites from $35-$40 per week. Commissioner Nipps stated that the Recreation and Parks Board approved this recommendation at its last meeting. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the recommendation of the Recreation and Parks Board to increase the fees for the Summer Day Camp programs to $45 per week for the ten-hour sites and to $40 per week for the eight- hour sites. Unanimously approved. ARTS & ENTERTAINMENT TAX CREDIT RESOLUTIONS Richard Douglas, County Attorney, reviewed two resolutions with the Commissioners. The amended Admissions and Amusement Tax Resolution would add an exemption to the Resolution adopted on June 21, 1994 for a designated arts and entertainment district. The second resolution for consideration deals with Property Tax Credits in Arts and Entertainment Districts and would allow the Board to grant a property tax credit against the County property tax imposed on any manufacturing, commercial, or industrial building that is located in an arts and entertainment district. The property would have to be capable for use by a qualifying residing artist or an arts and entertainment enterprise. The property could receive the tax credit for up to 10 years. John Schnebly, Chair of the Economic Development Commission (EDC) Intragovernmental Committee, recommended approval of the tax credits and stated that it would make the County consistent with the City tax credit program. The meeting was then opened for discussion and questions. Motion made by Commissioner Wivell, seconded by Kercheval, to approve the amended Admissions and Amusement Tax Resolution to include an exemption from the tax in a designated arts and entertainment district in the County, as authorized by Md. Code, Article 83A, Section 4-701(b), and to adopt a resolution with regard to Property Tax Credits in Arts and FEBRUARY 14, 2006 PAGE THREE Entertainment Districts to grant a property tax credit against the County property tax imposed on any manufacturing, commercial, or industrial building that is located in an arts and entertainment district and is wholly or partially constructed or renovated to be capable for use by a qualifying residing artist or an arts and entertainment enterprise. The property could receive the tax credit for up to 10 years. Unanimously approved. (A copy of Resolutions RS-06-02 and RS-06- 03 can be found in the County Commissioners’ Office.) BUDGET PRESENTATION - WASHINGTON COUNTY COMMISSION ON AGING Susan MacDonald, Director of the Commission on Aging, and John Kenney, Chair of the Commission on Aging Board, presented the fiscal year 2007 budget request for the Commission on Aging. Ms. MacDonald distributed copies of their 2005 Annual Report. She thanked the Commissioners for supporting their relocation to the new Aspiring to Serve facility and helping to financially stabilize the organization. Ms. MacDonald requested county funding of $564,169 for FY 2007 and highlighted the major changes in the budget. The Commissioners requested more detail on the personnel request outlined in their budget. CITIZENS’ PARTICPATION Tom Grosh suggested that the County’s $2 million surplus be invested in agricultural land preservation instead of providing tax rebates. He also asked that the Commissioners assure that the equipment purchased for the fire and rescue communications project is able to be utilized effectively in the region. The Commissioners welcomed Boy Scout Nathaniel Wunderlich who was in attendance as part of a requirement to receive his Citizenship in the Community merit badge. MASTER AGREEMENT FOR ACCEPTANCE OF AIRPORT IMPROVEMENT PROGRAM (AIP) GRANTS Motion made by Commissioner Nipps, seconded by Kercheval, to approve the Master Agreement for Terms of Agreement for Acceptance of Airport Improvement Program Grants with the FAA, which will be incorporated by reference into agreements for airport projects. Unanimously approved. COUNTY ATTORNEY ISSUES Richard Douglas, County, Attorney, provided an update on the status of the County’s legislative package. The Commissioners discussed the exemption for business expansions as outlined in the Excise Tax Ordinance amendments. The Commissioners asked that Mr. Douglas clarify the language with the Delegation to the General Assembly. INTERGOVERNMENTAL COOPERATIVE PURCHASE OF NETWORK DATA SWITCHES – INFORMATION TECHNOLOGIES (IT) DEPARTMENT Motion made by Commissioner Munson, seconded by Nipps, to authorize the IT Department to purchase network data switches from Foundry Networks, Inc., needed to create a converged ultra- high capacity data communications institutional network (I-Net) for use by the Washington County Public Network membership and supported institutions, in the amount of $63,906.25 through the Prince George’s County Public School bid (PG-112-05) in accordance with the terms and conditions of that contract resolution pursuant to Section 1-106.3 of the Code of Public Local Laws of Washington County, Maryland. Unanimously approved. CONTRACT AWARD – DESIGN OF CELL 4 AT THE FORTY-WEST LANDFILL Motion made by Commissioner Munson, seconded by Kercheval, to award the contract for design of Cell 4 at the Forty-West Landfill to URS Corporation, which submitted the lowest responsive, responsible bid of $130,500, with the consensus that staff delay analyzing the data with regard to life expectancy of the landfill until the staff has had several months to see the impact of the City of Hagerstown’s new recycling initiative on the daily tonnage deposited at the landfill. Unanimously approved. FEBRUARY 14, 2006 PAGE FOUR 2006 RIGHT-TO-KNOW FUND GRANT – EMERGENCY SERVICES Motion made by Commissioner Nipps, seconded by Munson, to authorize the Division of Fire & Emergency Services to accept a 2006 Right-to-Know grant in the amount of $10,000 from the Maryland Department of the Environment to assist with operational costs of the Local Emergency Planning Committee and to authorize the Division of Fire & Emergency Services to accept an Emergency Number Systems Board grant of $179,017 to enable the 911 Center to install fiber optic diversity on its incoming telephone lines. Unanimously approved. RECESS – LUNCH The Commissioners recessed at 11:50 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:02 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. PUBLIC HEARING – FY 05 INSTALLMENT PAYMENT PROGRAM (IPP) EASEMENTS Eric Seifarth, Land Preservation Planner, met with the Commissioners to ask them to approve the IPP schedules for Bruce Barr, Terry Price and Tony Arena. Mr. Seifarth stated that easement values have been established for the properties. The total projected cost to purchase the permanent easements, including title and settlement costs, is $1,888,852.22. He then reviewed the payment schedules for each property owner. Mr. Seifarth stated that the land values were determined by appraisal by the State. The meeting was then opened for public comment. There was no one present who wished to comment. Motion made by Commissioner Munson, seconded by Nipps, to approve the Installment Payment Program easement payment schedules for Bruce Barr, Terry Price, and Tony Arena for a ten- year payment plan as outlined, with funds to be taken from the County’s transfer tax set aside for agricultural easements. Unanimously approved. WESTFIELDS ADEQUATE PUBLIC FACILITIES ORDINANCE (APFO) DRAFT AGREEMENT Richard Douglas, County Attorney, reviewed the changes made to the latest version of the Westfields APFO draft agreement. Mr. Douglas stated that the Commissioners authorized him to send the draft to Westfields for review and changes have been made in response to the County draft. He reviewed the comparison draft and indicated that the changes generally concern stormwater management and sediment and erosion control, installation of conduit for future fiber optic cable and other infrastructure, the timetable for completion of improvements, fulfillment of Westfields’ school adequacy contribution, and other issues. The Commissioners asked for clarification on Paragraph 3 regarding payment of the excise tax. Commissioner Munson stated that it should be made clear that the developer is paying the full amount. Commissioner Wivell stated that he does not support the agreement in its present form and feels that it is deficient in several areas. He then outlined his concerns. Commissioner Kercheval stated that the proposed agreement will allow the County to stay on schedule to build a new elementary school by fall of 2008, and address the overcrowded elementary schools in the area. Commissioners Wivell and Kercheval discussed the cash flow in the agreement and disagreed on how it would fund the project. Commissioner Nipps stated that, although the agreement is not perfect, it would help to alleviate problems in two existing elementary schools and she supports it for educational reasons. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the Adequate Public Facilities Agreement for the Westfields Subdivision with Westfields Development, LLC, as presented with the clarifications requested to Paragraph 3. Motion carried with Commissioners Kercheval, Nipps, and Snook voting “AYE,” Commissioner Wivell voting “NO” and Commissioner Munson “ABSTAINING.” FEBRUARY 14, 2006 PAGE FIVE CAPITAL IMPROVEMENT PROGRAM (CIP) REVIEW The Commissioners continued their review of the projects submitted for the Capital Improvements Program (CIP) for Fiscal Years 2007-2012. Debra Murray, Finance Director; Mike Thompson, Planning Director; and Gary Rohrer, Public Works Director, attended the workshop to review the projects. The Commissioners reviewed the proposed CIP projects for road improvements. APPROVAL OF MINUTES – FEBRUARY 7, 2006 Motion made by Commissioner Munson, seconded by Nipps, to approve the minutes of February 7, 2006, as amended. Motion carried with Commissioners Kercheval, Nipps, Munson, and Snook voting “AYE” and Commissioner Wivell “ABSTAINING.” RECESS The Commissioners recessed at 2:40 p.m. JOINT MEETING WITH CITY OF HAGERSTOWN The Commissioners met with City Council members Kristin Aleshire, Lewis Metzner, Penny Nigh, Kelly Cromer, and Alesia Parson McBean at City Hall at 4:00 p.m. Tax Setoff – City of Hagerstown Commissioner Snook stated that, pursuant to Section 6-306 of the Tax-Property Article of the Annotated Code of Maryland, the Commissioners are required to meet with each municipality annually to discuss the tax setoff program. He reviewed the calculations made for the services included in the program - parks, highways, and police. Commissioner Snook stated that, for fiscal year 2006, the City is estimated to receive $1,108,797. The Commissioners presented a certificate of merit to the City for expanding their curbside recycling services to include commingled aluminum/glass/plastic food and beverage containers. They commended them on helping to save landfill space. Commissioner Snook informed the City Council that the Commissioners adopted a resolution today to enact property tax credits in the City’s Arts and Entertainment District. APFO Agreement Council member Metzner recognized Commissioner Kercheval and Councilman Aleshire for their efforts to resolve the differences between the bodies concerning the APFO and other issues. He stated that he feels they now have an agreement in concept on the APFO. Commissioner Kercheval outlined the issues they have addressed including how to handle small-lot subdivisions, student generation rates, the City’s concerns for revitalization of older buildings, and developer mitigation plans. Council member Aleshire also reviewed how development plans are counted, the time limit for the school test for student generation, and the language for the measuring point for the City. Council member Metzner stated that, although the County would have ultimate veto power over accepting developer mitigation offers in overcrowded school districts in the proposed APFO, they trust that approval would not be unreasonably withheld. Both bodies agreed that the City’s legal representatives would draft the ordinance and then City and County staffs will meet with Commissioner Kercheval and Council member Aleshire to review the document and forward a final draft to the County for comment. Council member Nigh expressed concerns about monitoring of out- pf-County trash at the 40-West Landfill. She also stated that she feels more updates and information should be provided to the full Council from the 2+2 Committee meetings. It was suggested that the two bodies meet three times per year to discuss issues. FEBRUARY 14, 2006 PAGE SIX ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Nipps, to adjourn at 4:50 p.m. Unanimously approved. , County Administrator _____________________________________, County Attorney ______________________, Clerk