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HomeMy WebLinkAbout060919 September 18, 2006 Hagerstown, MD 21740 JOINT PUBLIC HEARING – REZONING CASES RZ-06-014, WS-06-001 and SO-06-002 A joint public hearing of the Board of County Commissioners of Washington County, Maryland 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 Amendments RZ-06- 014 and Text Amendments SO-06-002 and WS-06-001. It was announced that amendments RZ-06-012 and RZ-06-013 had been withdrawn. Presiding at the hearing were County Commissioners President Gregory I. Snook and Planning Commission Chair George Anikis. Also present at the hearing were County Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps, and Planning Commission members Linda Parrish, Terry Reiber, Bernie Moser, Samuel Ecker, and Clint Wiley. (Commissioner Wivell arrived at 7:30 p.m.) The public hearing was adjourned at 8:15 p.m. __________________________, County Administrator , County Attorney , Clerk September 19, 2006 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:00 a.m. by President Gregory I. Snook with the following members present: Commissioners James F. Kercheval, John C. Munson and Doris J. Nipps. The meeting was held at the Department of Water Quality, 16232 Elliott Parkway due to elevator maintenance at the County Administration Building. 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, Roxanne Ober, Bernadette Wagner, Paul Bailey, Russell Williams, and Jacqueline Fischer. Staff members making presentations were Dr. Elizabeth Morgan, Superintendent of Schools; Boyd Michael, Assistant Superintendent for School Operations; Michael Peplinski, Supervisor of Operations and Maintenance; and Christopher South, Director of Budget and Finance. Fourth Quarter Budget Adjustments Motion made by Commissioner Munson, seconded by Nipps, to approve the following fourth quarter budget adjustments, as requested by the Board of Education, by decreasing the following categories: Revenue - $203,233; Administration - $105,693; Mid- Level Administration - $11,701; Instructional Salaries - $707,003; Special Education - $426,914; Student Health Services - $1,090; Student Transportation - $140,833; Maintenance of Plant - $118,082; and Fixed Charges - $177,413; and increasing the following categories: Instructional Textbooks & Supplies - $3,324; Student Personnel Service - $2,951; Operation of Plant - $160,629; Other Instructional Costs - $10,353; and Capital Outlay - $93,748, for a net increase on Fund Balance of $1,214,491. Unanimously approved. 2006 Summer Projects – Facilities and Maintenance Update Mr. Michael reviewed the Capital Improvement Program (CIP) facilities and maintenance projects that were completed during the summer of 2006. He provided a power point presentation showing the major facilities projects including the relocation of the Publications Department, installation of ten (10) relocatable classrooms, and construction of the Mike Callas stadium. Mr. Michael stated that 130 of 144 maintenance projects were completed as of September 11 and that seven boiler and chiller projects would begin this fall. A total of $6.8 million was budgeted for the projects. Mr. Michael indicated that $442,000 was provided by the State, $2,100,000 from the Maintenance General Fund, and $3,000,000 from the County’s supplemental CIP budget. The meeting was then opened for SEPTEMBER 19, 2006 PAGE TWO questions. Dr. Morgan thanked Commissioners for support and for supplemental CIP funding. (Commissioner Wivell arrived at the meeting at 8:30 a.m.) Recess The Commissioners recessed at 8:45 a.m. CONVENE IN CLOSED SESSION Motion made by Munson, seconded by Kercheval, at 9:00 a.m. to convene in closed session to discuss personal matters relating to the appointment, employment, assignment, compensation, or resignation of appointees, employees or officials over whom the County Commissioners have jurisdiction; and personnel matters that affect one or more specific individuals 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 9:30 a.m. Unanimously approved. In closed session, the Commissioners discussed two (2) matters relating to the appointment, employment, assignment, compensation, or resignation of appointees, employees or officials over whom the County Commissioners have jurisdiction; and personnel matters that affect one or more specific individuals. 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 John Martirano, County Attorney; Rodney Shoop, County Administrator; and Joni Bittner, County Clerk. 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 – AUGUST 29, 2006 Motion made by Commissioner Munson, seconded by Nipps, to approve the minutes of August 29, 2006. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Wivell reported on the meetings of the Economic Development Commission and PenMar Development Corporation. th Commissioner Kercheval stated that he attended the 250 anniversary celebration for the Washington County Museum of Fine Arts, the Volvo Powertrain ribbon cutting ceremony, and the Chamber of Commerce Eggs & Issues function. He reported on the Planning Commission meeting. Commissioner Kercheval stated that he attended the University of Maryland Research and Education th Center’s 150 anniversary and the Discovery Station fundraiser. Commissioner Munson stated that he attended the Volvo Powertrain ribbon-cutting ceremony and Mack Truck Days. He discussed the problems with the elevator maintenance project at the County Administration Building and asked for an estimate on the length of time it would be out of service. Commissioner Munson indicated that he feels this is an emergency situation. Gary Rohrer, Director of Public Works, provided an update on the project and stated that a change order would have to be written to allow them proceed due to unanticipated difficulties and that he has asked for a formal proposal. After discussion, it was the consensus to allow Mr. Rohrer to proceed with the plan to repair the elevator. Commissioner Nipps reported on the meetings of the Advisory Council to the Area Agency of Aging, Historic District Commission, and Historical Advisory Committee. Commissioner Snook stated that he received a letter from the Maryland Department of the Environment asking if the Commissioners had comments regarding issuance of a permit to Maryland Paper for installation of a SEPTEMBER 19, 2006 PAGE THREE boiler. The Commissioners had no comments on the project. The Daily Record Commissioner Snook stated that reports that Garrett Community College is now holding University of Maryland classes at its campus. He stated that the Governor has announced that Washington County would receive $1.8 million in Rural Legacy funding. Commissioner Snook reported on the costs of the Volvo Powertrain renovations. UPDATE - UNIVERSITY SYSTEM OF MARYLAND AT HAGERSTOWN David Warner, Executive Director of the University System of Maryland at Hagerstown (USMH), and Gaye McGovern, of the Board of Directors, met with the Commissioners to provide an update regarding the programs and enrollments at USMH. Mr. Warner stated that they now have five schools participating and fifteen (15) programs and could have eight (8) schools by next year. He informed the Commissioners that Frostburg State University has agreed to bring its Bachelors Program in Early Childhood Education in fall 2007 and its Elementary Education Program in fall 2008 to USMH. Mr. Warner added that Salisbury University would be bringing its Bachelors Program in Social Work to USMH. He reported that enrollment has remained steady at 350 students per term. Ms. McGovern provided an update on the status of the scholarship fund. She noted that the goal is $212,500 and fundraising efforts have produced $180,000 in pledges and payments thus far. Ms. McGovern provided a breakdown of the funding received to date. She thanked the Commissioners for their support in FY 2006 and asked for consideration of a contribution to the scholarship fund in FY 2007. Commissioner Snook stated that the Commissioners would consider the request after they receive the FY 2006 audit results. PET OVERPOPULATION REDUCTION TASK FORCE Paul Miller, Executive Director of the Washington County Humane Society, met with the Commissioners to discuss the appointment of a task force to address county-wide domestic dog and cat overpopulation. Mr. Miller stated that the task force would address the following issues: 1) Identify the actual number per domestic species in the County; 2) Review current Washington County animal control laws and programs; 3) Identify solutions to reduce the number of homeless animals; 4) Provide an estimated financial impact of proposed solutions; and 5) Provide a time table to make the most efficient and effective impact. He recommended that the task force report back to the Board by April 1, 2007. Rod Shoop, County Administrator, recommended that the task force include representatives from the following: Washington County Humane Society, City of Hagerstown, a Washington County veterinarian, Sheriff’s Department; Permits & Inspections Department; Environmental Health Department; Mason Dixon Kennel Club; Agricultural community; and two citizens at large. The Commissioners discussed the recommendations and agreed to reschedule the item on their agenda in two/three weeks once staff has had time to solicit applicants for each position. CITIZENS’ PARTICIPATION James Devine discussed several concerns and asked questions regarding the Charter Board appointments. COUNTY ATTORNEY ISSUES John Martirano, County Attorney, reminded the Commissioners that his office is currently compiling legislative requests for 2007 and asked the Commissioners to contact the County Attorney’s Office if they have any specific requests to include in the package. CHANGE ORDER – NEWGATE INDUSTRIAL PARK INTERCEPTOR SERVICE – PHASE II Motion made by Commissioner Wivell, seconded by Kercheval, to approve a Change Order with Gabe’s Services, Inc. for a decrease of $42,107 for the Newgate Industrial Park Interceptor Service Phase II project. Unanimously approved. GRANT ACCEPTANCE – NORTH HAGERSTOWN HIGH SCHOOL STADIUM Motion made by Commissioner Munson, seconded by Kercheval, to accept a $250,000 grant from the State of Maryland for North Hagerstown High SEPTEMBER 19, 2006 PAGE FOUR School stadium into the County budget (Contributions 49810-30- 900000-SCH022). Unanimously approved. APPOINTMENT – PENMAR DEVELOPMENT CORPORATION Motion made by Commissioner Nipps, seconded by Kercheval, to appoint Peter Kurz to the Pen Mar Development Corporation Board for a four (4) year term. Unanimously approved. APPOINTMENT – WATER QUALITY ADVISORY COMMISSION Motion made by Commissioner Munson, seconded by Nipps, to appoint Jeff Cline to the Water Quality Advisory Commission for a three (3) year term. Unanimously approved. REPORTS FROM COUNTY STAFF Motion made by Commissioner Nipps, seconded by Kercheval, to approve filling the following vacancies: Highway Department – Maintenance Equipment Operator (MEO) I and two (2) MEO II positions; Water Quality Department – Senior Plant Operator and Systems Mechanic I; Emergency Services – Emergency Communications Specialist; Planning Department – Planner; Gaming Office – Senior Office Associate; Human Resources – Senior Office Associate; and Transportation – Part-time Bus Attendant. Unanimously approved for all positions with the exception of Planner on which Commissioner Wivell voted “NO.” Gary Rohrer, Director of Public Works, reminded the Commissioners of the need to fill the vacancy left by Phil Snodderly on the Advisory School Design Review Committee. He provided an update on the Committee’s activities and expressed his concerns regarding the Maugansville Elementary School project. Mr. Rohrer also provided information on the status of the road reclamation projects. Jim Sterling, Director of Buildings, Grounds and Parks, reviewed the following changes that were approved by the Recreation & Parks Board in the Program Open Space (POS) funding: 1) Increase the overlay project at Martin L. Snook Park by $8,000 due to the increased price of liquid asphalt; 2) Provide $12,000 ($10,800 in POS funds and $1,200 in General Funds) to upgrade the vendor area at Martin L. Snook park to be compliant with standard electrical code; and 3) Provide $100,000 to repair a leak in the trough at Martin L. Snook swimming pool. Mr. Sterling informed the Commissioners that there would be $179,677 remaining in POS reserves. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the following changes in the Program Open Space (POS) funding: 1) Increase the overlay project at Martin L. Snook Park by $8,000 due to the increased price of liquid asphalt; 2) Provide $12,000 ($10,000 in POS funds and $1,200 in General Funds) (? Total $11,200) to upgrade the vendor area at Martin L. Snook park to be compliant with standard electrical code; and 3) Provide $100,000 to repair a leak in the trough at Martin L. Snook swimming pool, as recommended by the Recreation & Parks Board. Unanimously approved. Joe Kuhna, Real Property Administrator, stated that he has been contacted by two property owners in the Pen Mar area requesting that the County convey a small amount of land adjacent to their properties in order to increase the size of their lots to permit construction of a new home following a fire. After discussion, the Commissioners requested additional information before considering the request. PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK GRANT MD-06-CD-35 – HOUSING REHABILITATION The Commissioners convened at public hearing at 11:05 a.m. in order to hear public comment regarding an update on a Community Development Block Grant (CDBG) two (2) year grant in the amount of $200,000 for housing rehabilitation. Sonja Hoover, Fiscal/Research Specialist, stated that the County was awarded the CDBG grant in 2005 with CAC acting as the sub-recipient. David Jordan, Executive Director of Community Action Council (CAC), indicated that the grant funds are being used to provide funding to create a countywide housing rehabilitation program for low and SEPTEMBER 19, 2006 PAGE FIVE moderate-income homeowners. Mr. Jordan outlined how the funding is being utilized. The meeting was then opened for public comment. There was no one present who wished to comment. PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK GRANT MD-05-CD-36 – HMIS/HOMEBUYERS PROGRAM The Commissioners convened at public hearing at 11:10 a.m. in order to update citizens on a Community Development Block Grant (CDBG) of $30,000 with Community Action Council (CAC) acting as the sub-recipient. David Jordan, Executive Director of CAC, indicated that the grant funds are being used to implement the Homeless Management Information System by purchasing equipment and start-up costs and to pay staff for the first-time homebuyers program. He provided information on the number of citizens who have completed the homebuyers education program and stated that 22 computers were purchased for the HMIS program. The meeting was then opened for public comment. There was no one present who wished to comment. PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK GRANT MD-05-CD-28 – FAIR HOUSING ACTIVITIES The Commissioners convened at public hearing in order to update citizens on a Community Development Block Grant (CDBG) in the amount of $60,000. The Washington County Housing Resource Board, Inc. served as the sub-recipient of the grant. Sharon Disque, Director, Hagerstown Development Partnership (former Housing Resource Board) stated that the funds were used to conduct fair housing education and activities, as well as housing counseling services for low and moderate-income persons. The meeting was then opened for public comment. There was no one present who wished to comment. PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK GRANT MD-04-ED-70 – FAIR HOUSING ACTIVITIES The Commissioners convened at public hearing in order to update citizens on a Community Development Block Grant (CDBG) for a six-year funding in the amount of $1,220,000 to assist with the purchase of approximately 114 acres of land. The land was conveyed to FedEx Corporation where the FedEx Ground Package Distribution and Delivery Center was constructed in the Hopewell Valley Economic Development Area to benefit low and moderate- income individuals through job creation. Tri-County Council for Western Maryland, Inc. served as the sub-recipient of the grant. The meeting was then opened for public comment. James Devine spoke in opposition to the grant. RECESS – MARYLAND’S MOST WONDERFUL CITIZENS LUNCHEON The Commissioners recessed at 11:25 a.m. to attend the Maryland’s Most Wonderful Citizen luncheon and presentation at the Venice Inn. Ms. Anne Hinkle was chosen as Washington County’s “Most Wonderful Citizen” for her many hours of volunteer service at Western Maryland Center, Hagerstown Community College, and Western Maryland Med Bank. Ms. Hinkle will join honorees from other Maryland counties at a November 2 reception with Governor Robert Ehrlich in Annapolis. AFTERNOON SESSION The afternoon session was called to order at 1:50 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. WORKERS COMPENSATION EXCESS INSURANCE COVERAGE Becky Maginnis, Risk Management Administrator, met with the Commissioners regarding Workers Compensation excess insurance coverage. Ms. Maginnis recommended that the self-insured retention be increased from $400,000 to $500,000. She provided information on the costs of both options from the present carrier, Midwest Employers Casualty Company. Ms. Maginnis explained that the County has had only one claim that reached the retention limit in the last ten years. She recommended an increase in the retention amount and increased risk balanced by performance of the new third party administrator, The Schaffer Companies, and past history. The meeting was then opened for discussion and questions. SEPTEMBER 19, 2006 PAGE SIX Motion made by Commissioner Munson, seconded by Nipps, to approve the recommendation to renew the policy for Workers Compensation Excess Insurance Coverage with Midwest Employers Casualty Company and to increase the retention amount and increased risk to $500,000. Unanimously approved. REVIEW OF PENSION AND LOSAP FUND INVESTMENT PORTFOLIOS AND ACTUARIAL REPORT FOR WASHINGTON COUNTY EMPLOYEES RETIREMENT PLAN AND LOSAP FUND Howard Schwartz and Matt Wyskiel, representatives of Mercantile Investment & Wealth Management, whose firm manages the County’s pension system, met with the Commissioners regarding the updated Pension Policy and Pension Plan Assets. Mr. Schwartz reviewed the investment plan for the pension plan and LOSAP. He stated that it is in compliance with the stated objectives. Mr. Schwartz also reviewed the asset allocation for the pension plan and LOSAP. Mr. Wyskiel reviewed the tiers of stocks that make up the plan. Mr. Swartz reviewed the fixed income profile and portfolio for the County’s pension plan and LOSAP. He stated that the value of the portfolio for the pension as of August 2006 is $42.9 million and $3.9 million for LOSAP. Mr. Schwartz stated that he does not recommend making any changes in the percentages at this time. The meeting was then opened for questions from the Commissioners. Jon Ketzner, Senior Actuary with BGS&G/CBIZ, was in attendance to answer any questions the Commissioners might have regarding the pension funds for the Employees Retirement Plan. He stated that the recommended County Contribution for FY 2006 is $2,803,014. That cost as a percentage of payroll is 11.54%, and he recommended staying near that percentage. Mr. Ketzner concluded that the plan remains in acceptable financial condition and is responsibly administered. He stated that the benefit structure remains competitive, GASB funding has now been exhausted, new federal law has no material impact on plan, and the plan is compliant under UMPERSA. Mr. Ketzner recommended making no new benefit improvements at this time and that the Commissioners return the County’s funding to the 10-12% of payroll target sometime soon. REZONING AMENDMENT RZ-06-009 (PENNSYLVANIA AVENUE 2003, LLC) Sara Henke, Associate, and Michael Thompson, Director of the Planning Department, reviewed the staff report and Planning Commission findings for rezoning case RZ-06-009, as submitted by Pennsylvania Avenue 2003, LLC to rezone 0.47 acres of land located approximately 1,000 feet east of the intersection of U.S. Route 11 and North Pointe Drive from RS – Residential Suburban to BG – Business General. Ms. Henke stated that the Planning Commission recommended approval of this map amendment based on a change in the character of the neighborhood. She indicated that the application was originally submitted based on a change in the character of the neighborhood but at the public hearing the applicant argued a mistake in the original zoning. Ms. Henke noted that the information submitted did support rezoning based on a change in the character of the neighborhood. Kirk Downey, Assistant County Attorney, stated that the purpose of today’s session is for the Commissioners to discuss the case with the hope that they will reach a consensus. He would then develop findings of fact and an articulation of reasons for the decision, which would be brought back for a final vote at the next Commissioners’ meeting. Each Commissioner then commented on the application. Commissioner Kercheval stated that he has asked if an additional 20’ of right-of-way could be required for future expansion of the road. It was the consensus of the Commissioners to approve the request RZ-06-009, and the Commissioners asked Mr. Downey to draft the appropriate findings for a final vote at its next meeting. REZONING AMENDMENT RZ-06-007 – TEXT AMENDMENT TO THE WASHINGTON COUNTY ZONING ORDINANCE (PROPOSED REVISIONS TO RURAL AREA REZONING) Jill Baker, Senior Planner, and Michael Thompson, Director of the Planning Department, reviewed the staff report and Planning Commission findings for rezoning text amendment RZ-06-007 for proposed revisions to the Washington County Zoning Ordinance. Ms. Baker stated that the SEPTEMBER 19, 2006 PAGE SEVEN Planning Commission has recommended approval of this request. She stated that the proposed amendments focus on clarifying language related to the adoption of the Rural Area Rezoning. The Commissioners had at an earlier meeting in June tabled action on the amendments pending clarification of the set back amendments relating to in-home day care. Ms. Baker stated that the current front yard setbacks for in- home day care facilities are slightly different than those for single-family dwellings. Since most day care facilities are conducted within residential homes, this creates a conflict and staff feels that undo hardship will be placed on those wishing to establish these facilities if they do not meet the more stringent setbacks. Ms. Baker emphasized that the requested amendment would provide relief from an unintended inconsistency within the Ordinance with regard to setbacks. Motion made by Commissioner Munson, seconded by Kercheval, to approve rezoning text amendment RZ-06-007 for clarifying language to the Washington County Zoning Ordinance regarding Rural Area Rezoning. Unanimously approved. INTERGOVERNMENTAL COOPERATIVE PURCHASE – NATURAL GAS SUPPLY SERVICES AT COUNTY FACILITIES Motion made by Commissioner Nipps, seconded by Kercheval, to authorize the purchase of natural gas supply services from Washington Gas Energy Services, Inc. (WGES) through a contract between the Howard County Public School System (Bid #072.06.B1) and WGES based upon the NYMEX settlement price for the month plus fixed basis of $0.1930/therm ($1.933/decatherm) to the “Delivery Point”; this may be converted to a fixed price at a future date, for the remaining term, in accordance with the terms and conditions of that contract and approval of a Resolution pursuant to Section 1-106.3 of the Code of Public Local Laws of Washington County, Maryland. The term of the contract would be July 1, 2006 through June 30, 2007. Motion carried with Commissioners Nipps, Kercheval, Wivell, and Snook voting “AYE” and Commissioner Munson voting “NO.” CONTRACT RENEWAL – LANDFILL INSPECTION SERVICES Motion made by Commissioner Munson, seconded by Kercheval, to renew the contract for landfill inspection services with Cumberland Geotechnical Consultants, Inc. for contract year 4 based on the following: Construction Inspection: Hourly Rate for Straight Time - $38.60 and Hourly Rate for Overtime - $40.45 and Senior Construction Inspector: Hourly Rate for Straight Time - $43.05 and Hourly Rate for Overtime - $45.10. Unanimously approved. CONTRACT AWARD – REAL PROPERTY ACQUISITION SERVICES Motion made by Commissioner Nipps, seconded by Kercheval, to award the primary requirements contract for real property acquisition services to Diversified Property Services, Inc. which submitted the lowest responsive, responsible proposal of $326,600 for a one (1) year period with an option by the County to renew for up to three (3) additional consecutive one (1) year periods. Motion carried with Commissioners Nipps, Kercheval, Munson, and Snook voting “AYE” and Commissioner Wivell voting “NO” PURCHASE OF RIGHTS-OF-WAY – MAUGANS AVENUE PROJECT Motion made by Commissioner Munson, seconded by Kercheval, to approve both agreements for the purchase of rights-of-way for the Maugans Avenue project in the amount of $49,624 from Robert and Roberta Lauver as follows: Option 1: 4,849 square feet in fee simple and 1,132 square feet of temporary construction easement and Option 2: acquisition of 1,370 square feet in fee simple and 2,132 square feet in temporary construction easement in the rear of the property for $10,850. Unanimously approved. DISCUSSION ON CHARTER HOME RULE BOARD The Commissioners discussed the appointments for the Charter Home Rule Board. As agreed upon, each Commissioner chose one individual for appointment to the Board. The Commissioner appointments were as follows: Commissioner Munson appointed Ronald Bowers; Commissioner Nipps appointed Sharon Leatherman; Commissioner Kercheval appointed Brien Poffenberger; SEPTEMBER 19, 2006 PAGE EIGHT Commissioner Wivell appointed Tom Berry; and Commissioner Snook appointed R. Lee Downey. The top four candidates for the four remaining positions were David Hanlin, Mary Ellen Waltemire, Jeanne Singer, and Spence Perry. Joe Kroboth, who served as Chair for the Home Rule Task Force, explained that additional names can be submitted for nomination if an appropriate petition is submitted to the Commissioners within sixty (60) days of the Commissioners’ appointments. He also stated that any petition would have to contain the signatures of at least 2,000 registered voters and would have to provide an alternate name for appointment. If a valid petition is received with the sixty day period, a special election would then have to be held. Mr. Kroboth agreed to assemble an informational packet for the Charter Board. He stated that his research shows that the typical member can expect to have 10-12 meetings lasting 2-3 hours in addition to public informational meetings. Mr. Kroboth recommended that an advisor from the University of Maryland Institute for Governmental Services be retained, and estimated that their services would cost $10,000 to guide the Board through the process and bring them up to speed at a faster rate. Motion made by Commissioner Munson, seconded by Nipps, to approve the appointment of Ronald Bowers, Sharon Leatherman, Brien Poffenberger, Tom Berry, Lee Downey, Spence Perry, Mary Ellen Waltemire, Jeanne Singer, and David Hanlin to the Charter Home Rule Board. Unanimously approved. REQUEST FOR APPROVAL OF MITIGATION PROPOSAL – DEERFIELD KNOLLS Kathleen Maher, Planning Director for the City of Hagerstown, and Bruce Pitts, representing Revere Development Company, met with the Commissioners to request approval of a mitigation proposal under Section 8.3A of the City’s Adequate Public Facilities Ordinances (APFO) for Deerfield Knolls. Ms. Maher informed the Commissioners that the Mayor and City Council adopted an ordinance on May 23 to create a Planned Unit Development overlay on property on the west side of North Burhans Boulevard for an 82-unit townhouse development known as Deerfield Knolls. The Commissioners had considered this matter at the August 8 meeting and tabled it until the developer could meet with the Board of Education and representatives from the City to resolve the mitigation issues. Ms. Maher stated that Winter Street Elementary School shows a declining enrollment according to the June 2006 figures. Mr. Pitts also agreed to provide $50,000 toward upgrade of Winter Street. The meeting was then opened for discussion and questions. Motion made by Commissioner Munson, seconded by Wivell, not to support the mitigation proposal for Deerfield Knolls until the correct enrollment figures are received from the Board of Education. The Motion did not carry with Commissioners Munson and Wivell voting “AYE” and Commissioners Kercheval, Nipps, and Snook voting “NO.” Motion made by Commissioner Nipps, seconded by Kercheval, to approve the mitigation proposal for Deerfield Knolls for the following reasons: Benefits to the Community – 1) The Deerfield Knolls property is located in the City’s designated Revitalization Area, which is an eligibility area for State revitalization funding. 2) The Deerfield Knolls property is a difficult infill property on the edge of downtown Hagerstown and the West End which has resisted development efforts for many years. The City has seen a variety of development proposals for the property over the past several years which have not come to fruition. The City Council has approved the plan associated with the Deerfield Knolls P.U.D. for the development of the site. 3) Neighbors testified at the PUD public hearing that the property, in its current vacant and overgrown state adjoining the railroad tracks, has become attractive for derelict activities and a nuisance for the neighborhood. Implementation of the proposed Deerfield Knolls subdivision will clean-up this property and should significantly help eliminate this derelict activity. 4) Deerfield Knolls adjoins a residential neighborhood which had 72.4% of its households in the low- and moderate-income level in the 2000 census. In this census tract in 2000, the home-ownership rate was 40.3% and 90% of the owner- occupied housing stock was over 50 years of age. The City SEPTEMBER 19, 2006 PAGE NINE Council supports the implementation of the new home-ownership that will result from the proposed redevelopment of this property. 5) Redevelopment of this difficult property with the proposed townhouse condominium project will have socio-economic benefits by implementing City Comprehensive Plan goals to: 1) create market rate housing in the urban core area, b) create home-ownership opportunities in the City, and c) help to positively diversify the demographic make-up of at risk neighborhoods in the City. 6) The developer will be providing significant community benefits to surrounding infrastructure as a part of this development in the areas of street connectivity, stormwater management, water loop connections to improve water pressure and fire and domestic water service, and fencing along the railroad tracks. 7) The developer’s goal for the project is to create workforce housing opportunities by providing for-sale townhouse units below the average sales price for the City. 8) This property is currently assessed at a value of $470,700. The projected value upon completion of the improvements is anticipated at $19,270,000. This development will provide significant additional tax revenues from increased real estate taxes, as well as additional new income tax base and sales tax revenue from Deerfield Knolls’ residents. School Impact – 1) Per the County’s pupil generation formulas, Deerfield Knolls’ 82 townhouse units would generate 20 elementary school students, 5 middle school students, and 6 high school students. Per the Board of Education’s school test report, Western Heights Middle School and South Hagerstown High School have adequate capacity to handle this development. While Winter Street Elementary School is currently over capacity, the school’s enrollment numbers dropped 10% in June 2006, falling 27 below the State Rated Capacity while being only 3 seats over the Local Rate Capacity. 2) The Deerfield Knolls property is the only vacant residential land within the Winter Street Elementary School attendance area. Redistricting options are available and will be considered in the coming year. In addition, Winter Street is proposed for a 100-seat addition in 2013 in an upcoming CIP update for the School System. 3) The attendance area for Winter Street Elementary School is entirely within the corporate limits of the City of Hagerstown. On July 11, 2006, the Mayor and City Council indicated their support for this development as an important revitalization project for the community. Developer Contributions to Mitigate School Impact – 1) In an effort to mitigate the impact to Winter Street Elementary School, the developer has agreed to a phasing schedule of no more than 35 units per year starting in 2007 (with any un- obtained permits being available in subsequent years on a cumulative basis). If the project receives APFO approval in September, the developer anticipates breaking ground in 2007 and having the first units available for occupation by the fall of 2008. The full build out of the project is not anticipated to occur until 2010 at the earliest. 2) In an effort to further mitigate the impact to Winter Street Elementary School, the developer has agreed to pay $50,000 prior to the release of the tenth building permit for the project to the Winter Street improvements. 3) As building permits are pulled for Deerfield Knolls, this development will contribute between $387,500 (25 units) to $697,500 (35 units) per year in excise tax revenues, depending upon the pace of development. This will amount to a grand total of $1,271,000 to $1,580,000 in excise tax revenue from the project. 70% of that revenue will go towards schools. Improvements – The following improvements are currently being designed in conjunction with this project which will help alleviate certain infrastructure related issues: 1) A public road will be constructed by the developer through the site from Mitchell Avenue to North Burhans Boulevard. This provides an alternative to the single lane railroad overpass on Mitchell Avenue next to the Deerfield Knolls development. 2) Multiple stormwater management ponds will be provided within the development in order to over-manage stormwater runoff and reduce the design year runoff in adjacent City storm drainage system. 3) The extension and improvement of Mineral Avenue will be constructed at the developer’s expense. This improvement will extend a current dead-end street in order to provide continuous flow. Motion carried with Commissioners Kercheval, Nipps, and Snook voting “AYE” and Commissioners Munson and Wivell voting “NO.” SEPTEMBER 19, 2006 PAGE TEN WET LAB SPACE AT HAGERSTOWN COMMUNITY COLLEGE Motion made by Commissioner Munson, seconded by Wivell, to approve the Resolution for grant funding of $400,000 from the Maryland Economic Development Assistance Authority Fund (MEDAAF) to Hagerstown Community College to partially finance the addition of wet labs at the Technical Innovation Center and to approve Washington County’s local contribution of $450,000. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Kercheval, seconded by Wivell, at 4:55 p.m. to convene in closed session to consult with counsel to obtain legal advice on a legal matter; and to discuss public security as the public body has determined that public discussion would constitute a risk to the public or to public security, including the deployment of fire services and staff, 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 5:30 p.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on a legal matter and discussed public security as the public body determined that public discussion would constitute a risk to the public or to public security, including the deployment of fire services and staff. 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 John Martirano, County Attorney; Rodney Shoop, County Administrator; Joni Bittner, County Clerk; John Latimer, IV, Director of Fire & Emergency Services; Kevin Lewis, Deputy Director of Fire & Emergency Services; and Glenn Fuscsick, President of the Washington County Volunteer Fire & Rescue Association. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Munson, to adjourn at 5:30 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk