The Commissioners met with the Board of Education at 8:00 a.m. The following Board of Education members were present: Paul Bailey, Russell Williams, and Jacqueline Fischer. Staff members making presentations were Dr. Elizabeth Morgan, Superintendent of Schools; William Blum, Chief Operating Officer; Boyd Michael, Executive Director of Secondary Education; and Donna Hanlin, Director of Elementary Education.
Several members of the Board of Education and staff presented the State of Education Report outlining the progress that Washington County Public Schools have made over the last five years. Mr. Michael stated that a conscious decision was made to move the school system from “good” to “great.” He reviewed the substantial increases in test results that have been made at the pre-kindergarten level and in the student achievement results in reading and mathematics. Mr. Michael cited some of the reasons for the change and explained that the Board has addressed mobility issues, made changes in its approach to teaching reading and math, and initiated intervention programs for reading and math. He stated that “No Child Left Behind” and “Bridge to Excellence” legislation has also impacted the changes.
Ms. Hanlin addressed the topic of elementary schools and the changes that have been made. She stated that the schools now provide comprehensive County-wide reading, math, and science programs. Monthly and quarterly benchmarks are implemented to measure student achievement. Ms. Hanlin also noted the growth in the percentage of students who are proficient or advanced in reading. They also reviewed the changes that have occurred in secondary education and high school. Dr. Morgan noted that the drop-out rate has declined from 5.5% in 2000 to 1.87% in 2005.
Dr. Morgan outlined future goals and stated that they hope to expand some of the programs and provide more choice for high school students. She invited the Commissioners to join them in their study groups to help shape the vision.
Board of Education Proposed Policy on “Developer-Funded School Construction Projects”
Mr. Blum presented the Board’s proposed policy on “Developer-Funded School Construction Projects.” The policy states that the Board of Education would determine the size and specifications for the amelioration of the schools impacted by the proposed development. The proposed mitigation plan would be forwarded to the County Commissioners with a recommendation from the Board for approval or denial. Mr. Blum stated that funding for the project must be guaranteed prior to the design and construction. He also stated that the Public Schools’ staff would manage the design, procurement, and construction of the project. The meeting was then opened for discussion and comment. The Commissioners suggested several revisions and agreed to discuss the matter further during a work session. Mr. Blum also provided two proposed changes to the Commissioners’ Adequate Public Facilities Ordinance.
RECESS
The Commissioners recessed at 9:31 a.m.
The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:40 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 Invocation was delivered by County Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage.
Motion made by Commissioner Wivell, seconded by Nipps, to approve the minutes of October 25, 2005, as amended. Unanimously approved.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Munson reported on the Solid Waste Advisory Committee meeting.
Commissioner Nipps reported on the Community Action Council Board meeting. She stated that she attended the REACH ribbon-cutting ceremony and the Annual Leadership Prayer Breakfast. She thanked Commissioner Snook for inviting the Commissioners and staff to the breakfast.
Commissioner Wivell informed the Commissioners that he attended the REACH ribbon cutting, the Leadership Prayer Breakfast, Greater Hagerstown Committee meeting, and the Mummers Day parade.
Commissioner Kercheval stated that he attended the same events as the other Commissioners. He thanked those who participated in the Emergency Operations Center for the Mummers Parade. Commissioner Kercheval stated that he attended the Chamber of Commerce’s Legislative meeting and reported on several items that were discussed at that function. He suggested that school construction needs and funding levels be placed on the agenda for their meeting with the County delegation to the General Assembly.
Commissioner Snook reported on the Emergency Services Advisory Council meeting. He stated that the final plan for emergency services has not been completed. He also asked that time be scheduled on the agenda to discuss the task force on special taxing for fire and rescue services. Commissioner Snook reviewed an article from The Frederick Gazette on current housing fees in the City of Frederick and the proposed increases to them. He stated that the Commissioners received a card from the United Way staff thanking County employees for their participation in the “Day of Caring” event.
REPORTS FROM COUNTY STAFF
Gary Rohrer, Director of Public Works, reported that he denied a request from a developer to utilize Mill Point Road as a detour. He stated that improvements to the County Administration Building parking lot would begin this week. Mr. Rohrer informed the Commissioners that the Advisory School Design Review Committee would be meeting later this week to begin review of the North Hagerstown High School stadium project. He stated that he met last week with the staff of the Facilities Department at the Board of Education to review school projects.
RESCIND AWARD - ONE (1) ONE-TON PICK-UP TRUCK FOR USE BY WEED CONTROL PROGRAM AND RE-AWARD CONTRACT
Karen Luther, Purchasing Agent, and Lane Heimer, Director of the Weed Control Program, appeared before the Commissioners to request that they rescind the motion to purchase a one-ton pick-up truck through an intergovernmental purchase agreement. Ms. Luther explained that they noticed when placing the order that the truck under this contract was not a super cab. She stated that they located a vehicle under the City of Harrisburg’s Pennsylvania Capital City (PACC) contract that could accommodate the request made by Weed Control. She requested that the original award be rescinded and the contract awarded through the PACC contract. Ms. Luther noted that this would be a savings of $1,183.23.
Motion made by Commissioner Munson, seconded by Nipps, to rescind the motion to authorize the Weed Control Program to purchase a one-ton pick-up from Norris Ford through an intergovernmental purchase award and authorize the purchase of one (1) one-ton pick-up truck from Phillips Ford Sales at a total cost of $27,802.75 by utilizing the City of Harrisburg’s PACC contract, in accordance with the terms and conditions of that contract and in accordance with the Code of Public Local Laws of Washington County, Maryland, Section 1-106.3, with funds to be taken from the Commissioners’ Contingency Fund. The Department of Agriculture will fund fifty percent of the costs. Unanimously approved.
UPDATE ON DISCOVERY STATION OPERATIONS
Marie Byers, President of the Discovery Station Board, appeared before the Commissioners to provide an update on its operations. Ms. Byers stated that since its opening in May there have been over 1,600 visitors from across the country and four foreign nations. She explained that Discovery Station is run by a totally volunteer staff and provides a hands-on learning environment for people of all ages.
Ms. Byers informed the Commissioners of upcoming exhibits and displays. She stated that they hope to establish partnerships with the Washington County Free Library and Museum of Fine Arts. Ms. Byers stated that the admission price is minimal and they hope to cover their operating costs through a combination of admissions, in-kind business donations, visitor memberships, grants and endowments. She indicated that any assistance the Commissioners could provide would be helpful. Commissioner Snook explained that Discovery Station would have to be included on the list of nonprofits to which the County may contribute in order for them to provide funding. The Commissioners asked staff to see if they were already included on the list. Commissioner Snook thanked Ms. Byers for her presentation and the Commissioners agreed to tour the facility in the near future.
CITIZENS PARTICIPATION
John Himes expressed concerns regarding a variety of issues, including unsafe traffic conditions in south county, issues with canoe outfitters, the need for a toll-free telephone number for County agencies, flu shot clinics, and animal control. Kercheval suggested that the County Administrator send a letter to the canoe outfitters outlining the concerns of the citizens in the area and asking these companies to address these concerns.
Zachary Trail, representing Washco Developments, had questions and comments regarding the Board of Education’s proposed policy on developer-funded school improvements and mitigation.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, reported on the Annual County Administrators and Attorneys Conference in Annapolis. He stated that issues discussed included affordable housing, annexation, maintenance of effort, school construction funding, and GASB 45.
RE/APPOINTMENTS – MENTAL HEALTH AUTHORITY
Motion made by Commissioner Nipps, seconded by Kercheval, to reappoint Connie Pauley, Joseph Rutkowski, and William Nairn to the Board of Directors of the Mental Health Authority for three-year terms and to appoint Susan MacDonald to the Board for a three-year term. Unanimously approved.
COUNTY ATTORNEY ISSUES
Kirk Downey, Assistant County Attorney, informed the Commissioners that the Board of Zoning Appeals hearing on the request by Washington County Health System, Inc. regarding the new hospital is scheduled for November 21 and 22 in Court Room #1.
TRANSPORTATION COORDINATION SUB-COMMITTEE
William Beard, Rod MacRae, and Peggy Martin appeared before the Commissioners to present the recommendations of the Transportation Coordination Sub-committee. Mr. Beard informed the Commissioners that the Committee was established as a sub-committee of the Disabilities Advisory Committee in 2005. He stated that they are recommending that a coordinator of transportation be hired to review the routes and destinations of human service vehicles and develop alternatives to the current methods. 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. He stated that the Maryland Transportation Administration has funding for rural coordination that is available on a sliding scale for four years. Ms. Martin indicated that the cut-off date is January 2006 to apply for grant funding.
Ms. Martin stated that they have reviewed three separate models for transportation and that the plan could be a regional plan to include more than just Washington County. She noted that the ultimate goal is to have transportation that operates on a 24/7 basis. She estimated that the cost of personnel and start-up costs would be $45,000. Ms. Martin indicated that several non-profit agencies, including the Department of Social Services, Commission on Aging, and Health Department have agreed to be a part of the project. The group also recommended that the Washington County Health Department be the lead agency for the grant funding and housing the position. The meeting was then opened for questions and discussion.
Motion made by Commissioner Wivell, seconded by Nipps, to authorize the Transportation Coordination Sub-committee to apply for a transportation grant from the Maryland Transportation Administration in order to fund a comprehensive transportation service program for clients of human service agencies. The Sub-Committee members agreed to provide additional information to the Commissioners showing their agreements with the non-profit agencies and specifics on how the program would be funded, prior to the Commissioners’ providing final approval. Unanimously approved.
PRESENTATION OF THE FY 2005 AUDITED FINANCIAL STATEMENTS
Mike Manspeaker, representing Smith Elliott Kearns & Company, appeared before the Commissioners to present the County's Fiscal Year 2005 audit report. Mr. Manspeaker introduced his staff members who worked on the audit. He provided an explanation of the different funds, component units, notes to the financial statement, and the supplemental information included in the audit.
Mr. Manspeaker reported that the County has a “clean” unqualified financial report again this year. He stated that a management discussion analysis is included and designed to present an overview in discussion format. Mr. Manspeaker then provided a detailed review of the audit report, including the General Fund, Highway Fund and Capital Improvements Projects. He stated that the General Fund ended with a surplus of $4.4 million in revenues over expenditures. He noted that there is a $1 million deficit in assets from depreciation. When asked if the County was in a healthier financial position this year than last year, Mr. Manspeaker commented “absolutely.” He also reviewed the proprietary funds (business-type activities): Water Quality, Solid Waste, Transportation, Airport, and Black Rock Golf course. The Commissioners thanked Mr. Manspeaker for his presentation, and the Finance Department staff for their efforts.
RECESS – LUNCH – EXECUTIVE LEVEL TRAINING FOR THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)
The Commissioners recessed at 12:03 p.m. for lunch and to attend the executive level training session for the National Incident Management System.
AFTERNOON SESSION
The afternoon session was called to order at 2:30 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.
DISCUSSION OF INSTALLMENT PAYMENT PROGRAM – MARYLAND DEPARTMENT OF PLANNING
Eric Seifarth, Land Preservation Planner, introduced Joe Tassone and Dan Rosen from the Maryland Department of Planning (MDP). Mr. Seifarth stated that the MDP has raised concerns about the 25-year buyout clause that the County had included in its proposed Installment Payment Program (IPP) and that state easement funds may be in jeopardy since state officials do not want to purchase easements contiguous to properties with potential buyout provisions.
Mr. Tassone provided background information to further explain the State’s position on this issue. He noted that they are attempting to ensure that the State’s investment of preservation funds is being protected so that residential subdivisions do not surround easements. Mr. Tassone indicated that the provision for a 25-year option to terminate easements was removed in order to complement other State programs. He also voiced concerns about rural area zoning exemptions that were adopted by the Commissioners. Mr. Rosen stated that the previous Maryland Agricultural Land Foundation (MALF) regulations were virtually permanent because the hurdles were so high to terminate an easement. He reviewed the steps needed to terminate an easement. The meeting was then opened for discussion and questions. Commissioner Kercheval clarified that 25-year buyout clause was a recommendation of the County’s Agricultural Land Preservation Advisory Board and that the Commissioners have not made a final decision. He indicated that the Commissioners were unaware that State was not happy with decisions that were made on the adopted rural area zoning and exemptions until a few weeks ago.
Motion made by Commissioner Wivell, seconded by Munson to adopt the Installment Payment Program for the purchase of rural easements as recommended by the Agricultural Land Preservation Advisory Board without provisions for a 25-year buyout. Unanimously approved.
PROPOSED AMENDMENTS – ADEQUATE PUBLIC FACILITIES ORDINANCE
Michael Thompson, Director of Planning, reviewed the minor revisions that were requested at the work session on October 25. Changes to Article II include a definition for minor subdivisions and clarification for each. Section 4.1.1 has been revised for clarity. Section 5.2(d) has been added to list minor subdivisions as being exempt from the provisions of the APFO under most circumstances. It was shifted from the mitigation section to the exemption section. Mr. Thompson reviewed two options for language as proposed by staff for minor subdivisions. Section 5.2 – has been added to list minor subdivisions as being exempt from the APFO under most circumstances. It was the consensus to choose Option #1 “minor subdivisions.” Mr. Thompson stated that a definition has been added to Section 5.5 to incorporate a reference to the mitigation policy adopted by the Board of Education. Section 5.6.1 has been revised to reflect school attendance areas rather than districts and by adding language stating that “upon receiving a recommendation from the Board of Education taking into consideration the adequacy” of the immediately adjacent attendance areas. Language has been proposed to Section 9.1 to state: “Prior to entering any such agreement, the Board shall invite comment from the Board of Education regarding same.” Section 9.3A(a)(i) has been renumbered due to changes that were made.
The Commissioners also discussed the proposed mitigation plan submitted by the Board of Education earlier today and how it would apply in the APFO process. Commissioner Nipps expressed concerns that the policy asked developers to address previously existing capacity problems in addition to those created by their development. After discussion, they agreed to include a provision to Section 5.1(b) that excludes developer funded projects from the calculations for adequacy testing in section 5 of the APFO, as requested by the Board of Education.
Motion made by Commissioner Nipps, seconded by Wivell, to adopt amendments to the Adequate Public Facilities Ordinance as amended today. The Commissioners directed that the Planning Director meet with them in three months to discuss the Ordinance. Unanimously approved. (A copy of the adopted Ordinance is attached.)
CONTRACT AWARD - #2 HEATING FUEL
Motion made by Commissioner Munson, seconded by Nipps, to piggyback the Board of Education’s bids for #2 heating fuel based on the OPIS index and award the County’s contract as follows: Tank wagon – AC&T Company – bidder factor of +$.1424; Transport (tanker) – AC&T Company - bidder factor of +$.0455, pending the Board of Education’s bid award. Unanimously approved.
Motion made by Commissioner Munson, seconded by Wivell, to convene in closed session at 4:18 p.m. to discuss a personnel matter that affects one or more specific individuals, to consult with counsel to obtain legal advice on a legal matter, and consult with staff about pending or potential litigation, 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 Wivell, to reconvene in open session at 5:21 p.m. Unanimously approved.
In closed session, the Commissioners discussed a personnel matter that affects one or more specific individuals, consulted with counsel to obtain legal advice on a legal matter, and consulted with staff about pending or potential litigation. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, Doris J. Nipps, and John C. Munson. Also present at various times were Rodney M. Shoop, County Administrator; John Martirano, County Attorney; Kirk Downey, Assistant County Attorney; Joni Bittner, County Clerk; David Hankinson, Director of Human Resources; Joe Kroboth, Director of Emergency Services; Gary Rohrer, Director of Public Works; Michael Thompson, Director of Planning; Dan Divito, Director of Permits and Inspections; and John Latimer, IV.
Motion made by Commissioner Nipps, seconded by Munson, to approve the recommendation to employ John Latimer, IV, as Director of the Emergency Services Department. Unanimously approved.
ADJOURNMENT
Motion made by Commissioner Wivell, seconded by Nipps, to adjourn at 5:22 p.m. Unanimously approved.
___________________________, County Administrator
___________________________, County Attorney
___________________________, County Clerk
November 8, 2005
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:00 a.m. by President Gregory I. Snook with the following members present: Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps.
The Invocation was delivered by County Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage.
WORKSHOP – DISCUSSION OF WORKFORCE HOUSING TASK FORCE REPORT
The Commissioners met with members of the Workforce Housing Task Force to discuss the recommendations that were made in their report as presented on October 25, 2005. Commissioner Snook stated that they hope to decide which recommendations can be adopted initially to promote incentives for workforce housing.
Discussion items included development of a new definition for manufactured housing, the possibility of utilizing a sliding scale for excise tax, and initiation of a County homeowners’ tax credit program to supplement the State Homeowners Tax Credit Program. The Commissioners discussed whether changes in the Excise Tax Ordinance would require legislative adjustments. Commissioner Nipps suggested that they provide a tax relief program for existing homes for those who qualify based on income. Mr. Willson stated that six counties in Maryland have tax credit programs to supplement the State program. They discussed the impact that this would this have on revenues and whether the municipalities would adopt similar programs. Commissioner Kercheval suggested that the County staff review policies to consider including incentives for workforce housing or credits to redevelop older buildings in the downtown area.
Tamar Osterman, Government Affairs Director for the PenMar Association of Realtors, cited the gap between housing prices and wages. She suggested that the Commissioners consider lowering closing costs for first time homebuyers. Ms. Osterman agreed that there is no one solution to the problem of affordable housing, but that the County would need several “tools.” The Commissioners discussed the possibility of using existing programs and extending them to include criteria for workforce housing. Larry Bayer, Director of the Community Development Department of the City of Hagerstown, stated that this would require county funding because the individuals would not qualify for state or federal programs. He indicated that a program could be developed if start-up funds were available using a revolving-loan type program to rehabilitate and sell workforce housing. The Commissioners then discussed Montgomery County’s affordable housing program.
Rodney Shoop, County Administrator, stated that this is the first of many workshops on this topic. He summarized the following four items that would initially be considered: 1) Develop a new definition of manufactured housing and a set of design standards for inclusion in pre-determined developments. The Planning staff and Planning Commission would work on this item. 2) Consider implementing a County homeowners’ tax credit program to piggyback on the State program. They asked Larry Bayer and Dave Jordan to assemble a small subcommittee to research this issue and come back to the Commissioners with recommendations in 40-65 days, to include rental tax credits and a program to incorporate a rehab program for those with income levels associated with workforce housing. 3) Specific recommendations on ways to lower closing costs for workforce housing. 4) Recommendations from the Planning Department staff on inclusionary zoning for workforce housing.
The Commissioners discussed possible funding for some of the programs and whether a consultant should be hired to develop an affordable housing program similar to the one used in Montgomery County.
BUDGET TRANSFER - RECOMMENDATION TO UPGRADE THE PEOPLE TOOLS PLATFORM
Ronald Whitt, Director of Information Technologies, introduced the following members of the PeopleSoft Task Team: Angie Poffenberger, Jennifer Landman, and Paul Armstrong. Mr. Whitt explained that the focus of the Task Team is to understand PeopleSoft’s functionality, address system operational issues, identify training and operational requirements, and plan for upgrades and enhancements.
The Task Team requested a budget transfer of $75,000 from the 2006 CIP Technology Development and Upgrade Account to a People Tools Upgrade Project Account to allow the platform to be upgraded. Mr. Armstrong stated that in order to upgrade PeopleSoft applications to the latest revisions and maintain technical support from Oracle, the platform must be upgraded. He explained that the upgrade would provide for on-site technical consulting, training and instruction for IT staff members on how to upgrade and maintain the PeopleSoft platform. Mr. Whitt noted that the budget transfer would provide the funding to allow the IT staff to get specialized training on site to upgrade to the next tool set.
Motion made by Commissioner Nipps, seconded by Munson, to approve the request to transfer $75,000 from Technology Development & Upgrade to People Tools Project to allow the People Soft platform to be upgraded and provide specialized training for appropriate staff. Unanimously approved.
BUDGET TRANSFER – PENMAR WATER PROJECT
Motion made by Commissioner Nipps, seconded by Kercheval, to approve the funding adjustment as requested by the Water Quality Department budget to reflect the final USDA and MDE grant/loan amounts for the PenMar Water Project as follows: USDA Grant - $1,014,908, USDA loan - $125,000, MDE grant - $1,457,835, and the transfer of $250,000 from the Mt. Aetna New Water Source Project and $200,000 from the Mt. Aetna Water System – Replacement of Existing Reservoir Project to cover actual expenses for the bid award. Unanimously approved.
BUDGET TRANSFER – CONOCOCHEAGUE SEWER LINE INTERCEPTOR
Motion made by Commissioner Nipps, seconded by Kercheval, to approve the changes in project funding for the Conococheague Sewer Line Interceptor Project to reflect the actual State and Federal grant/loan amounts and an increase the local share to cover the expenses of the actual bid amount: Increase in Conococheague Sewer Line Interceptor project – $176,000 from Federal loan - $60,005 and CIP Sewer Fund Transfer - $125,000 and decrease Federal Grant - $8,407. Unanimously approved.
Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 10:44 a.m. to consult with counsel to obtain legal advice on a legal matter, consult with staff about pending or potential litigation, and consider a matter that concerns a proposal for a business or industrial organization to locate, expand or remain in the State, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved.
RECONVENE IN OPEN SESSION
Motion made by Commissioner Kercheval, seconded by Nipps, to reconvene in open session at 11:35 a.m. Unanimously approved.
In closed session, the Commissioners consulted with counsel to obtain legal advice on a legal matter, consulted with staff about pending or potential litigation, 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, James F. Kercheval, Doris J. Nipps, and John C. Munson. Also present at various times were Rodney M. Shoop, County Administrator; John Martirano, County Attorney; Kirk Downey, Assistant County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; and Michael Thompson, Director of Planning.
ADJOURNMENT
Motion made by Commissioner Nipps, seconded by Munson, to adjourn at 11:35 a.m. Unanimously approved.
___________________________, County Administrator
___________________________, County Attorney___________________________, County Clerk