January 27, 2009 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 1:05 p.m. by Vice President Terry L. Baker with the following members present: Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. (President John F. Barr was absent from the meeting.) INVOCATION AND PLEDGE OF ALLEGIANCE A moment of silence was observed followed by the Pledge of Allegiance to the Flag by the full assemblage. SCHOOL MITIGATION PROPOSALS ROSEHILL MANOR & REGENT PARK Michael Thompson, Director of Planning & Community Development, appeared before the Commissioners with Attorney Jason Divelbiss, representing the Churchey Group, to review the revised school mitigation proposals for the developments known as Rosehill Manor and Regent Park under Section 9.1 of the Adequate Public Facilities Ordinance. Mr. Thompson noted that previous proposals were presented to the Commissioners on July 8, 2008 and December 9, 2008. Rosehill Manor Mr. Thompson stated that Rosehill Manor would consist of a 132 unit single-family residential development located on Longmeadow Road east of Marsh Pike. He indicated that the project is served by Paramount Elementary, Northern Middle and North High. The proposed development would fail capacity requirements at the high school level. Mr. Divelbiss stated that the revised proposal would mitigate the high school situation with the payment of a mitigation fee in the amount of $5,708.65 per dwelling as a condition of recording the final plats and by payment of the excise tax in effect at the time of building permits. He also indicated that it is the developer s position that no mitigation is required at the elementary school level because the enrollment at the elementary school is currently below the State Rated Capacity. The developer has recalculated his mitigation proposal using a projected dwelling size of 2,870 square feet. He indicated that the square footage utilized is an estimate and actual construction could be larger or smaller resulting in a corresponding change in the amount of excise tax paid.
The meeting was opened for questions and discussion. Commissioner Kercheval reviewed the items he takes into consideration with a mitigation offer and stated that he feels this proposal is satisfactory. Commissioner Aleshire expressed his concern that approving this mitigation proposal may commit the Commissioners to approving similar proposals in the future. John Martirano, County Attorney, stated that all developments and corresponding mitigation proposals have their own unique characteristics and circumstances and that any mitigation proposals brought before the County Commissioners would need to be considered independently. Motion made by Commissioner Kercheval, seconded by Wivell, to approve the school mitigation proposal for the Rosehill Manor development, based on the proposal provided by the applicant. Motion carried with Commissioners Kercheval, Wivell, and Baker voting AYE and Commissioner Aleshire voting NO. Regent Park Mr. Thompson stated that Regent Park would consist of 25 singlefamily units aong Trovinger Mill Road off of Jefferson Boulevard. The development is served by Pangborn Elementary, Smithsburg Middle, and Smithsburg High Schools. Based on September 2008 enrollment numbers and the APFO adequacy formula, the project fails at the elementary and high school levels. Mr. Divelbiss stated that the revised mitigation proposal would mitigate the high school situation with the payment of a mitigation fee of $5,821.52 per dwelling unit as a condition of recording the final plats and by payment of the excise tax in effect at the time of building permits. He indicated that it is the developer s position that no
JANUARY 27, 2009 PAGE TWO mitigation should be required at the elementary level as a new school has just opened with added capacity and should not be deemed inadequate. The meeting was opened for questions and discussion. Commissioner Aleshire expressed his concerns about the proposal. Motion made by Commissioner Kercheval, seconded by Wivell, to approve Regent Park mitigation proposal as presented for the Regent Park development as presented by the developer. Motion carried with Commissioners Kercheval, Wivell, and Baker voting AYE and Commissioner Aleshire voting NO. DISCUSSION OF COUNTY GOALS County staff continued its update from the January 13 meeting on current term goals and discussion of any possible new goals. Planning & Community Development Mike Thompson, Director of Planning & Community Development, stated that the committee is meeting extensively on the Urban Growth Area rezoning recommendations and plans to have its proposals completed by the end of February. Mr. Thompson indicated that the committee is attempting to get back on schedule to update the Comprehensive Plan and have it completed by the summer months. He stated that his staff is working with the Division of Environmental Management to prepare the required components of the Water Resources Element of HB 1141 in conjunction with municipal planning initiatives and plan to submit them to the State by the end of next week. Fire & Emergency Services Kevin Lewis, Director of Fire & Emergency Services, reported on the efforts to complete central operations before opening the consolidated 911 center. Mr. Lewis stated that the analysis of training options for all fire and rescue services is currently underway. He reported on the goal to evaluate opportunities by station/service area to determine what changes are necessary to capture maximum efficiencies for emergency response operations. He indicated that purchasing arrangements and insurance needs have been addressed as well as ways to reduce costs. Sheriff s Department Col. Randy Wilkinson informed the Commissioners that the Sheriff s Department accreditation program is moving along well. He indicated that the substations for police services are still
in the budget. Colonel Wilkinson noted that the Community Deputy Program for the municipalities seems to be working well. Information Technologies Ron Whitt, Director of the Information Technologies Department, reported that the initial layers have been completed toward the goal of evaluating set-up and function of expansion to GIS data management needs. He discussed some possible future projects with the Commissioners. Additional goals for discussion: 1) Develop a committee with the City and other municipalities to evaluate the function of each department to determine if there are any consolidations of services to achieve budgetary efficiency. Greg Murray, County Administrator, suggested waiting until after the upcoming City election and possibly including it in next year s goals. 2) Review the possibility of consolidation of city and county housing authorities for efficiency of operations. Mr. Murray informed the Commissioners that the Housing Authority of Washington County has recently completed its strategic plan and will be presenting it to the Commissioners. He stated that a discussion could be held with the Authority regarding what direction the agency would take at that time. 3) Develop strategy for consistent public information similar to policies of the City and Board of Education. Mr. Murray stated that Norman Bassett, Public Information Officer, is working on a draft policy.
JANUARY 27, 2009 PAGE THREE 4) Analyze all property currently owned by the County to determine consistent policy for acquisition and disposal. Mr. Murray indicated that this is currently underway. Commissioner Wivell suggested that a review be made of the Weed Ordinance to begin to make any needed updates before the spring/summer season. INTERGOVERNMENTAL COOPERATIVE PURCHASE DELL COMPUTER WORKSTATIONS Motion made by Commissioner Wivell, seconded by Kercheval, to approve the Resolution (Resolution No. RS-09-02) authorizing the purchase of twenty (20) blade computer workstations for the new 911 Emergency Center from GHA Technologies, Inc., by utilizing the Western States Contracting Alliance contract in the total amount of $80,980, pursuant to Section 1-106.3 of the Code of Public Local Laws of Washington County, Maryland. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Kercheval, to convene in closed session at 2:31 p.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; to discuss personnel matters that affect one or more specific individuals; to consider the acquisition of real property for a public purpose and matters directly related thereto; and to consider a matter that concerns the proposal for a business or individual 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 REGULAR SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to reconvene in open session at 4:38 p.m. Unanimously approved. In closed session, the Commissioners discussed the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; considered the acquisition of real
property for a public purpose and matters directly related thereto; and considered a matter that concerns the proposal for a business or individual organization to locate, expand, or remain in the State. Present during closed session were Commissioners Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present at various times were Gregory Murray, County Administrator; John Martirano, County Attorney; Joni Bittner, County Clerk; Joe Kroboth, Director of Public Works; Jennifer Smith, Deputy Director of Public Works; William Sonnik, Director of Public Works; Julie Pippel, Director of the Division of Environmental Management; Kevin Lewis, Director of Fire & Emergency Services; Tim Troxell, Executive Director of the Economic Development Commission (EDC); and Joe Kuhna, Real Property Administrator. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Wivell, to adjourn at 4:38 p.m. County Administrator County Attorney County Clerk (The evening meeting of the Board of County Commissioners scheduled to be held in the Town of Clear Spring was cancelled due to inclement weather and will be rescheduled at a later date.)