HomeMy WebLinkAbout061017
October 17, 2006
Hagerstown, MD 21740
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. 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 9:30
a.m. The following Board of Education members were
present: Ed Forrest, Paul Bailey, Russell Williams, Wayne
Ridenour, and Roxanne Ober. Staff members in attendance
were Dr. Elizabeth Morgan, Superintendent of Schools; Boyd
Michael, Assistant Superintendent for School Operations;
JoEtta Palkovitz-Brown, Assistant Superintendent; Donna
Hanlin, Assistant Superintendent; Robert Brown,
Coordinator; and Christopher South, Director of Budget and
Finance.
Report of 2006 Maryland School Assessments
Dr. JoEtta Palkovitz-Brown, Donna Hanlin, and Robert Brown
provided information on the results of the Maryland School
Assessments (MSA), High School Assessments (HSA), SAT, and
Advanced Placement (AP) exams. Dr. Palkovitz-Brown
reviewed the MSA results for grades 3-8 for reading and
math. She noted the “stairstep” upward progression for
both subjects for those percentages of students identified
as proficient and advanced. Dr. Palkovitz-Brown also
reviewed graphs comparing Washington County’s results to
those of the State of Maryland and noted that Washington
County outperformed the State in each category. She
informed the Commissioners that Washington County ranked
first in the State in school attendance.
Ms. Hanlin reviewed the high school dropout rate in
Washington County and emphasized that it has dropped from
5% in 2000 to 2.1% in 2006. She also reviewed the HSA
results for Algebra, Government and English. She noted
that Washington County outperformed the State average in
each category. Ms. Hanlin outlined the changes being made
in the SAT exam and provided information on the number of
students enrolled in Advanced Placement classes. The
meeting was then opened for questions. Commissioner Snook
complimented the Board and staff for the good job they are
doing in the schools.
Update – Safety and Security Issues
Dr. Morgan and Mr. Michael provided an update on safety and
security issues in the schools and stated that this would
be a targeted area over the next few months. Dr. Morgan
stated that they intend to install security cameras with
buzz-in systems at all schools. She indicated that a
security assessment was performed on all schools and
measures are being taken to make them more secure. Dr.
Morgan stated that she believes that the Board will approve
the appointment of a new Safety and Security Risk Manager
at its meeting tonight. She also reviewed plans to form a
new task force of volunteers to review and address security
issues. Arrangements have been made to provide for
coverage at the front doors of all schools until additional
security measures can be established.
Partnership with County of Program Open Space (POS) Funds
Mr. Michael stated that the Board is entering into a
partnership with the County Commissioners to utilize POS
funds to address projects at County middle schools. He
stated that he is working with the County’s Buildings,
Grounds, and Parks Department on a project at Springfield
Middle School to include maintenance on the fields. Mr.
Michael explained that they hope to better serve the
community by allowing more use of school facilities.
Commissioner Nipps stated that she appreciates the school
system working with the County to utilize open space.
Mr. Michael provided copies of the September 29, 2006
school enrollment figures. He indicated that there were
approximately 60 students over what was projected. The
grand total for all schools was 21,067. He informed the
Commissioners that they are starting the projections for
OCTOBER 17, 2006
PAGE TWO
next year as well as the out years. Mr. Michael agreed to
forward the information to the Commissioners when it is
complete.
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 – OCTOBER 3, 2006
Motion made by Commissioner Nipps, seconded by Munson, to
approve the minutes of October 3, 2006. Unanimously
approved.
CITIZENS’ PARTICIPATION
Tom Berry expressed his concerns regarding possible
property rights issues with the heritage areas being
discussed later today and feels that Federal grant fund
requirements contain too many property restrictions.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Kercheval informed the Commissioners that he
participated in the United Way Day of Caring. He stated
that he was a judge for the Humane Society’s “Canines on
the Canal” fundraiser. Commissioner Kercheval reported on
the Planning Commission meeting. He distributed copies of
The County News
an article from regarding a state-of-the
art plant being used in St. Lucie County, Florida, that
uses plasma arc gasification to vaporize refuse. He stated
that the plant also produces electricity, which can then be
resold. The Commissioners discussed obtaining more
information regarding the new technology.
Commissioner Nipps thanked Commissioner Snook for
sponsoring tables at the Annual Christian Businessmen’s
Leadership Prayer Breakfast. She stated that she attended
a meeting of the Commission for Women and installed the new
officers.
Commissioner Snook informed the Commissioners that he
received a letter of thanks from the Blue Ridge Summit
Library for the County’s contribution. He stated that he
attended the Maryland Symphony Orchestra’s celebration of
th
its 25 season and presented a proclamation. Commissioner
Snook indicated that he had received a letter from the
Public School Construction group regarding their policy on
reimbursement of forward funding.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, informed the
Commissioners that he received a letter from the
Leitersburg Volunteer Fire Company requesting that the
County waive permit fees for construction of its new fire
station.
Motion made by Commissioner Munson, seconded by Nipps, to
approve the request made by the Leitersburg Volunteer Fire
Company to waive County permit fees for construction of its
new fire station. Unanimously approved.
Motion made by Commissioner Munson, seconded by Nipps, to
approve filling the Maintenance Equipment Operator (MEO) II
vacancy at the Highway Department. Unanimously approved.
APPROVAL OF CHANGE ORDER – ASBESTOS ABATEMENT
Motion made by Commissioner Kercheval, seconded by Nipps,
to approve a change order in the amount of $126,203.85 with
Callas Contractors for asbestos abatement at the Circuit
Court House Annex. Unanimously approved.
APPOINTMENT – COMMISSION FOR WOMEN
Motion made by Commissioner Nipps, seconded by Kercheval,
to appoint Terri Blair to the Commission for Women to fill
the unexpired term of Natalie Rook, which extends to June
20, 2008. Unanimously approved.
NEW JOBS TAX CREDIT PROGRAM
Tim Troxell, Executive Director of the Economic Development
Commission (EDC), and Cassandra Latimer, EDC Marketing
Specialist, met with the
OCTOBER 17, 2006
PAGE THREE
Commissioners to request changes in eligibility criteria
for the New Jobs Tax Credit Program. Ms. Latimer stated
that only one company has utilized the program since its
inception in 2002. The EDC reviewed the program’s
effectiveness as a business attraction and retention tool
and felt that changing the criteria would make it more
accessible for businesses. Ms. Latimer indicated that the
program provides eligible companies with credits on the
County’s real property tax and business personal property
tax. The credits are a graduated amount over a six-year
period. Ms. Latimer stated that they are recommending the
following changes to the criteria: 1) the square footage
for new construction/leased space be lowered from 30,000
square feet to 10,000 square feet; 2) the criteria for new
jobs created be lowered from 50 to 25; and 3) that 50
percent of the new jobs must pay at least 135% of the
Average Weekly Wage ($21.80/hr. or $45,344/yr.) per
Washington County worker rather than 150% ($24.23/hr. or
$50,398/yr.). The meeting was then opened for questions
and discussion by the Commissioners.
Motion made by Commissioner Wivell, seconded by Kercheval,
to approve the recommended amendments/changes to the New
Jobs Tax Credit Ordinance based on the criteria recommended
by the Economic Development Commission. Unanimously
approved.
JOURNEY THROUGH HALLOWED GROUND – NATIONAL HERITAGE AREA
CERTIFICATION PROSESS
Tom Riford, Director of the Hagerstown-Washington County
Convention and Visitors Bureau, and Cate Magennis Wyatt,
President of Journey Through Hallowed Ground Partnership
(JTHGP), met with the Commissioners to request their
support for Washington County to be a part of the new
national heritage area. Mr. Riford stated that the State
recently included Carroll, Frederick, and Washington
Counties as part of the Heart of the Civil War Heritage
Area. He indicated that this certification has created
significant grant opportunities. The Heart of the Civil
War Heritage Area approved being a part of the JTHGP, which
is currently a national scenic byway and soon to be a
national certified heritage area. Ms. Wyatt stated that
the program is a collaborative public/private partnership
that includes the corridor between Gettysburg,
Pennsylvania, and Monticello, Virginia. She stated that
grants can be used for educational outreach, heritage
tourism, and research. Ms. Wyatt explained that the program
contains no overriding land use regulations and that the
legislation specifically states that no funds can be used
to purchase properties. She stated that they have no
regulatory authority and want to protect property rights.
The meeting was then opened for questions and discussion by
the Commissioners.
Motion made by Commissioner Nipps, seconded by Kercheval,
to approve the supporting resolution for inclusion of
Washington County in the National Heritage Area as part of
the Journey Through Hallowed Ground Partnership. Motion
carried with Commissioners Nipps, Kercheval, Wivell, and
Snook voting “AYE” and Commissioner Munson voting “NO.”
INTERGOVERNMENTAL COOPERATIVE PURCHASE – DELL BLADE SERVERS
Motion made by Commissioner Wivell, seconded by Kercheval,
to authorize the Information Technologies (IT) Department
to purchase three (3) Dell blade servers from Dell
Computer/Marketing Corp. in the amount of $45,645.54,
through the Western States Contracting Alliance contract,
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. Unanimously approved.
HUMAN SERVICE TRANSPORTATION COORDINATION GRANT – MARYLAND
TRANSPORTATION ADMINISTRATION
William Beard and Rod MacRae, members of the Transportation
Coordination Sub-Committee, appeared before the
Commissioners to request that they accept a $40,000 grant
from the Maryland Transportation Administration. Mr. Beard
stated that the Sub-committee presented its recommendation
to the Commissioners on November 1, 2005 and received their
approval to seek grant funding. He stated that they are
recommending that the funding be used to hire a consultant
to prepare a plan of action for the development of an
organization to coordinate human service transportation in
the
OCTOBER 17, 2006
PAGE FOUR
County. Mr. MacRae indicated that there are often multiple
agencies/vehicles serving clients living in the same area
who are traveling to similar destinations. These vehicles
could be utilized in “off peak” hours through interagency
cooperation. Mr. MacRae indicated that the Department of
Social Services, Commission on Aging, and Health Department
have agreed to be a part of the project. He explained
that, if funding is sought in subsequent years, the County
would be responsible for 10% of the project’s net operating
budget in FY 2008 and 25% of the net operating budget in FY
2009 and 2010. The meeting was then opened for discussion
and questions from the Commissioners.
Motion made by Commissioner Munson, seconded by Nipps, to
accept a $40,000 grant and to execute a Grant Agreement
from the Maryland Transportation Administration as
recommended by the Transportation Coordination Sub-
Committee for FY 2007 to be used to hire a consultant to
prepare a plan of action for the development of an
organization to coordinate human service transportation in
the County. Unanimously approved.
RECESS – LUNCH
The Commissioners recessed at 11:40 a.m. for lunch.
AFTERNOON SESSION
The afternoon session was called to order at 1:05 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.
TH
PRESENTATION OF COMMEMORATIVE 250 ANNIVERSARY PLATE –
FRIENDS OF FORT FREDERICK
Betsy Lillard and Ralph Young, representing the Friends of
Fort Frederick, presented the Commissioners a commemorative
th
Fort Frederick 250 Anniversary plate. Ms. Lillard thanked
th
the Commissioners for their support of the 250 anniversary
celebration.
PLEASANT VIEW HEIGHTS – REQUEST FOR FINAL PLAT APPROVAL
Jason Divelbiss, representing the Estate of Rowland
Brandenburg and its Personal Representative Dennis
Brandenburg, appeared before the Commissioners to request
final plat approval for the 17-lot Section E of Pleasant
View Heights. Mr. Divelbiss explained that preliminary
plat approval was received for Section E in 2003. Shortly
thereafter, the developer passed away. The project is now
eligible for final plat approval, but recent changes to the
Adequate Public Facilities Ordinance (APFO) cause the
development to fail the schools test. He stated that this
phase is expected to generate six elementary, three middle,
and four high school students. Fountain Rock Elementary is
over capacity but facility improvements are planned for
2009. Mr. Divelbiss stated that the development would have
fallen under the transition policy and would not have been
subject to the schools test if the preliminary plat had
been approved prior to July 1, 2003.
Mr. Divelbiss stated that the estate is asking that the
Board authorize the Planning Director to approve the final
plat pursuant to the 2003 approval of the preliminary plat
or as an exception to the Transition Policy given the
unique characteristics of the project. The developer’s
estate is also offering a mitigation plan consisting of a
phasing schedule whereby no occupancy permits would be
issued prior to October 2007. The meeting was then opened
for discussion.
The Commissioners agreed that they are willing to entertain
a more significant mitigation plan, but are not interested
in approving the final plat at this time. Commissioner
Snook recommended that the developer delay proceeding until
the Board of Education’s revised mitigation policy is
adopted. Mr. Divelbiss asked for guidance on which
enrollment numbers the Planning staff should use. The
Commissioners directed the Planning Director to obtain
guidance from the legal staff on these issues.
OCTOBER 17, 2006
PAGE FIVE
RESOLUTION AUTHORIZING PROMISSORY NOTE MODIFICATION
AGREEMENT – T-HANGARS
John Martirano, County Attorney, stated that the County
Commissioners received a loan from the State Department of
Business and Economic Development in 1991 for T-hangars.
He explained that staff would like to modify the terms of
the loan and eliminate the balloon payment now due for the
outstanding balance, and extend the adjusted quarterly
payments of principal and interest for an additional ten
years. Mr. Martirano indicated that complete payback would
be made during that term. The outstanding balance as of
this date is $1,365,381.34. Mr. Martirano then reviewed
the Promissory Note Modification Agreement.
Motion made by Commissioner Nipps, seconded by Kercheval,
to approve the Authorizing Resolution and the Promissory
Note Modification Agreement relating to the 1991 loan from
the Department of Business and Economic Development for T-
hangars to extend the payment schedule by ten years.
Unanimously approved.
CONVENE IN CLOSED SESSION
Motion made by Commissioner Nipps, seconded by Munson, to
convene in closed session at 1:40 p.m. to discuss the
appointment, employment, or assignment of appointees,
employees or officials over whom the Commissioners have
jurisdiction; discuss any other personnel matters affecting
one or more specific individuals; consult with counsel to
obtain legal advice on a legal matter; consider a matter
that concerns a proposal for a business or industrial
organization to locate, expand, or remain in the State; and
to consider the acquisition of real property for a public
purpose and matters directly related thereto, 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 Kercheval, seconded by Nipps,
to reconvene in open session at 2:00 p.m. Unanimously
approved.
In closed session, the Commissioners discussed personnel
matters relating to the appointment, employment, or
assignment, of appointees, employees or officials over whom
the Commissioners have jurisdiction and other personnel
matters affecting one or more specific individuals;
consulted with counsel to obtain legal advice on a legal
matter; discussed the acquisition of real property for a
public purpose and matters directly related thereto; and
considered a matter that concerns a proposal for a business
or industrial organization to locate, expand, or remain in
the State. 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; Kirk
Downey, Assistant County Attorney; Andrew Wilkinson,
Assistant County Attorney; Rodney Shoop, County
Administrator; Joni Bittner, County Clerk; Tim Troxell,
Director of the Economic Development Commission (EDC); Greg
Murray, Director of Water Quality; and Dan Divito, Director
of Permits & Inspections.
EXTENSION OF PLUMBING BOARD TERMS
Motion made by Commissioner Munson, seconded by Wivell, to
extend the terms of the following Plumbing Board members to
July 1, 2007: Charlie Semler, Gerald Anders, Leonard
Shade, and Arnold Eby. Unanimously approved.
ADJOURNMENT – RIBBON-CUTTING CEREMONY AT AMERICOM
GOVERNMENT SERVICES
Motion made by Commissioner Wivell, seconded by Munson, to
adjourn at 2:00 p.m. Unanimously approved.
The Commissioners attended the ribbon-cutting ceremony at
Americom GovernmentServices
.
,
County Administrator
OCTOBER 17, 2006
PAGE SIX
,
County Attorney
___________________________,
County Clerk