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HomeMy WebLinkAbout10.06.2000 MinutesOctober 6, 2000 Western Maryland County Commissioners The Washington County Commissioners hosted the quarterly meeting of the Western Maryland County Commissioners at the Washington County Agricultural Education Center. The meeting was called to order at 9:00 a.m. by Gregory Snook, President of the Washington County Commissioners with the following members present: Paul Swartz, John Schnebly and Bert Iseminger. Commissioner Wivell arrived at 11:30 a.m. Also present were the following individuals from the other Western Maryland counties: Allegany County - Vance Ishler, County Administrator; Carroll County - Commissioner Donald Dell and Kim Millender, Assistant County Attorney, and Robin Frazier, Secretary; Frederick County - Commissioners David Gray, Jan Gardner, Ilona Hogan and John Thompson, as well as Joyce Grossnickle, Administrative Officer, Kristen Mark Hughes, Planning Director, Belinda Teague-Levy, Executive Assistant to the President, and Doug Browning, Comptroller/Finance; and Garrett County - Commissioners Ernest Gregg and Wendell Beitzel and County Administrator Monty Pagenhardt. John Woolums and Michael Sanderson, representing the Maryland Association of Counties (MACo), were also in attendance. Maryland Association of Counties 2001 Initiatives Michael Sanderson, MACo Legislative Director, provided a brief update on the recent newspaper story regarding the Public Information Act (PIA). He stated that MACo is working with the Maryland Municipal League and Academy for Excellence in Local Governance to develop a seminar on the proper way to respond to PIA inquiries. Mr. Sanderson then reviewed MACo’s legislative initiatives for 2001. He provided an update on each of the following four initiatives: 1) state financial support for Circuit Courts, 2) Local Government Tort Claims Act, 3) liability of sheriffs, and 4) public school funding. State Funding of Education/Thornton Commission John Woolums, Associate Director for MACo, stated that, although the members of the Thornton Commission have asked for an extension of time to develop their report, they have indicated that they would be targeting additional funds in the amount of $40 million for special education and over $20 million additional for the transportation of disabled students in the 2001 legislative session. He stated that this could help to “free up” other local monies for education. Mr. Woolums also informed the Commissioners that they hope the General Assembly will move to extend several laws on education that would “sunset” this year. He indicated that other initiatives of the MSDE are full-day kindergarten, early childhood education, and teacher mentoring programs. At this time the meeting was opened for discussion. Commissioner Snook (Washington) voiced his concerns about the drop in State funding for education. Mr. Woolums stated that the Thornton Commission is looking at the equity and adequacy of the State funding formula for education. The study on the adequacy of the State’s formula is due next May. Commissioner Iseminger (Washington) noted that the Thornton Commission is doing a good job and that is why they have requested additional time, but most counties cannot wait for their report and have to focus on funding for next fiscal year. He suggested that the counties enlist the support of their State delegates to the General Assembly. The group then discussed the inequities in the State’s “teacher salary challenge” funding. Mr. Woolums informed them that 15 counties in Maryland raised taxes last year and many of the smaller counties did so in order to raise the needed match for the teacher salary challenge. Proposal to Employ a Lobbyist for Western Maryland Counties Commissioner Beitzel (Garrett) stated that many of the larger counties have lobbyists in Annapolis to testify on their behalf on proposed legislation. He asked if the other counties were interested in engaging a lobbyist for the five Western Maryland counties during the time the General Assembly is in session. The group discussed the suggestion and it was the consensus of the majority that they were not interested in employing a lobbyist at this time. Right to Farm Legislation Commissioner Beitzel stated that Garrett County is seeking right-to-farm legislation and asked for any comments or suggestions from the other counties. Commissioner Snook stated that Washington County was granted the WESTERN MARYLAND COUNTIES OCTOBER 6, 2000 PAGE TWO authority to draft a right-to-farm ordinance in last year’s session and is drafting the document at this time. The Frederick County Commissioners stated that they created a reconciliation board to deal with appeals from the farming community. Nutrient Management Commissioner Beitzel stated that Garrett County did not support the tributary strategy legislation. He indicated that they requested some changes to the law and expressed concerns that some of the legislation passed does not “fit” all counties. Forest Delineation & Public Facility Construction Commissioner Gregg (Garrett) stated that Garrett County has committed to building a new health complex. The site selected for the facility was a farm field and had no trees on it. He indicated that they were told by the State that they had to plant seven acres of trees as remediation for construction of the facility. Mr. Sanderson stated that they could put together a panel for the winter MACo conference to address the forest conservation law and its impact. Robert Arch, Director of Planning & Community Development for Washington County, explained that if State funding is being used on a project that the State regulations apply to it. He stated that the State is considering placing Program Open Space funds under Smart Growth legislation and asked MACO to address this situation as well. Mr. Woolums offered to meet with the appropriate individuals since this is a State programmatic issue. Update – Hampstead Wastewater Treatment Plant Litigation Kim Millender, Assistant Attorney for Carroll County, provided an update on litigation involving the Hampstead wastewater treatment plant. She reviewed each of the cases and gave the status of each. Ms. Millender informed the group that Carroll County must now monitor the temperature of the Class 3 trout streams to assure that the temperature is not above sixty-eight degrees Fahrenheit or the ambient temperature of the stream, whichever is greater. She also informed them that a Department of Natural Resources study found that brown trout are living in the streams and that the streams are healthy and functioning. Ms. Millender indicated that additional regulations might be imposed due to the outcome of this litigation. Western Maryland Senior Games Commissioner Swartz (Washington) informed the group that Washington County is sponsoring a regional senior Olympic games for the five Western Maryland counties. He stated that the recreation departments for the five counties have been contacted and invited to attend. He indicated that there would be events designed for seniors 50 and older. The event is scheduled for May 11 and 12, 2001. Commissioner Swartz asked each county to promote the Western Maryland Senior Games. Tri-County Council Commissioner Snook reviewed the function of Tri-County Council for Allegany, Garrett, and Washington Counties. He stated that there is an individual from the Defense Logistics Agency who is assigned to the five Western Maryland counties to assist them with defense contracts. Commissioner Snook stated that there has been discussion on whether to continue this program. He indicated that he would like their input on this within the next 60 days. Rural Heritage Program Robert Arch, Director of Planning & Community Development, provided an update on the Rural Heritage Program. He stated that a memorandum of understanding has been signed by Carroll, Frederick, and Washington Counties to obtain a consultant to create a management plan. Mr. Arch reviewed the process that would be followed after a consultant is selected. He indicated that the plan should be before the three counties in approximately 18 months. Other topics discussed included impact fees, the MARC train extension to Frederick, and the update of Washington County’s Comprehensive Plan. WESTERN MARYLAND COUNTIES OCTOBER 6, 2000 PAGE THREE Commissioner Snook requested that each county send him a copy of their legislative requests for 2001. It was the consensus of the group to hold the next meeting in January in Annapolis and to invite the delegates to the General Assembly from each county to attend. Commissioner Beitzel offered to host the spring meeting of the Western Maryland County Commissioners in Garrett County. The meeting was at 11:45 a.m. for lunch and a tour of the Agricultural Museum. October 10, 2000 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: Vice President Paul L. Swartz and Commissioners Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Schnebly, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – SEPTEMBER 26, 29 & OCTOBER 3, 2000 Motion made by Commissioner Iseminger, seconded by Swartz, to approve the minutes of September 26 and 29, 2000, and October 3, 2000, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Iseminger reported on the MACo Legislative Committee meeting. He also reported on the meeting of the Western Maryland County Commissioners. Commissioner Wivell stated that he attended the Showcase of Bands. He reported on the Historic District Commission meeting and the PenMar Development Corporation Board meeting. Commissioner Wivell informed the Commissioners that he attended a meeting at the Board of Education regarding the recent school bus accident. He also attended the Disability Awareness Week ceremony. Commissioner Wivell stated that he presented a proclamation to Senator Munson on behalf of the Commissioners at the reception celebrating Senator Munson’s 25 years of public service. Commissioner Schnebly reported on the Historic Advisory Committee meeting. Commissioner Swartz informed the Commissioners that he attended the Showcase of Bands, Disability Empowerment 2000 at the Valley Mall, the reception honoring Washington County’s Most Wonderful Citizens, and the Local Government Insurance Trust (LGIT) dinner. He reported on the planning meeting for the Western Maryland Senior Games and the Recreation & Parks Board meeting. He stated that he attended the dance at PenMar Park. He responded to several requests and complaints from constituents. He expressed concerns about communication with staff on various projects and suggested that the staff structure be reviewed. Commissioner Snook reported that Clear Spring has a “boil water” advisory in effect. He stated that he attended the Anita Lynne Home 30th anniversary and also participated on a discussion panel with Hospice. Commissioner Snook informed the Commissioners that he offered welcoming remarks at the LGIT conference. He attended the Maryland Symphony Orchestra Pops concert. Commissioner Snook also informed them that MACo is submitting his name for appointment to the Transportation Priority Area Task Force. PROCLAMATION – FIRE PREVENTION WEEK Commissioner Snook read and presented a proclamation to Bob Cumberland and Douglas DeHaven, representing the Washington County Volunteer Fire & Rescue Association, designating the week of October 8-14, 2000 as Fire Prevention Week in Washington County and urging all citizens to participate in educating families about fire safety. He stated that the theme for this year is Fire Drills: The Great Escape. Mr. DeHaven thanked the Commissioners and activities planned for this week. Mr. Cumberland reminded the Commissioners to check the batteries in their smoke detectors and informed them of a new program being initiated at Children Village programs for kindergarten and pre-kindergarten children. MENTAL HEALTH AWARENESS – OFFICE OF CONSUMER ADVOCATES, INC. Donna Rapp, representing the Office of Consumer Advocates, Inc., met with the Commissioners to provide information about the services the agency provides to those with mental health problems. She informed the Commissioners of the programs and mission of her office. Ms. Rapp explained that they are an advocacy group run by consumers and funded through the Mental Hygiene Administration. She said that the goal is to shed light on mental illness and the misconceptions associated with it. OCTOBER 10, 2000 PAGE TWO COUNTY ADMINISTRATOR COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that he instituted a new County Travel Policy, effective October 2. He also reminded them to read the summary of correspondence sent to them each week. Mr. Shoop stated that the 225th anniversary of Washington County is next year and asked if the Commissioners had any ideas on ways they would like to commemorate the occasion. The Commissioners asked Mr. Shoop to contact the Historical Advisory Committee to get recommendations from them. Mr. Shoop informed the Commissioners that County employees raised $340 for the American Heart Association through the September Casual Day. He stated that Nancy Grasmick, Secretary of the Department of Education, will be attending the TechConnect event next week at the Board of Education. UPDATE – KEMPS MILL SOFTBALL COMPLEX Terry Shives, Parks Manager, and Bill Stachoviak, Parks Planner, met with the Commissioners to give an update on the Kemps Mill softball complex. Mr. Shives stated that the current phase includes the construction of three girls softball fields, fences and backstops, a stone parking lot, paved walkways, and water and sewer lines. He informed the Commissioners that this phase should be completed in the spring. The next phase is the construction of a concession stand with restrooms. Mr. Shives stated that both phases of the project would be done by County employees. He stated that he has been working with Kevin Graff, President of the Girls Softball League. Mr. Stachoviak reviewed the concept plan for the complex. The Commissioners discussed budgeting for the project. Commissioner Snook stated that they need to have a long- range plan for the site to include a passive-type park and the establishment of a berm to buffer the adjacent property owners. The Commissioners then discussed the location of the restroom/concession stand and whether the existing weigh station could be used for this purpose. Mr. Shives indicated that the fields could be ready for play by next spring, depending upon the weather. MEMORANDUM OF UNDERSTANDING – JUDY CENTER GRANT Motion made by Commissioner Iseminger, seconded by Swartz, to approve the Memorandum of Understanding for the Judith P. Hoyer Early Child Care & Education Center grant for the Board of Education, as presented. Unanimously approved. BID APPROVAL – PAVESTONE SEWER EXTENSION Motion made by Commissioner Swartz, seconded by Wivell, to approve the contract for the sewer extension for Pavestone to C. William Hetzer, Inc., which submitted the low responsive, responsible bid of $58,199.25. Motion carried with Commissioners Swartz, Wivell, Iseminger and Snook voting “AYE” and Commissioner Schnebly “ABSTAINING.” CHANGE ORDER – 40-WEST LANDFILL Gary Rohrer, Director of Public Works, met with the Commissioners to explain the request for a change order for the 40-West landfill. Mr. Rohrer informed the Commissioners that the change order is still within the contingency budget. He stated that they are recommending that the specifications for the service road and drop-off area be changed to 6” of aggregate, 4” of base asphalt, and 2” of surface layer from the original plans providing for 12” of aggregate. Mr. Rohrer explained that the reason for the requested change from the plans was that he now believes that traffic will be heavier than anticipated and stated that it would add approximately $86,000 to the contract. The Commissioners discussed the request and agreed to the change order. Motion made by Commissioner Iseminger, seconded by Swartz, to approve the change order with the contractor for the 40- West landfill in the amount of $85,930 for the 3200’ of the service road and drop-off area and to change paving specifications. Motion carried with Commissioners Iseminger, Swartz, and Snook voting “AYE,” Commissioner Wivell voting “NO” and Commissioner Schnebly “ABSTAINING.” C&O CANAL NATIONAL HISTORIC PARK COMMISSION – RECOMMENDATION Motion made by Commissioner Wivell, seconded by Swartz, to recommend to the United States Department of the Interior that Daniel McElrath be OCTOBER 10, 2000 PAGE THREE reappointed as one of Washington County’s representatives on the C&O National Historic Park Commission. Unanimously approved. CITIZENS PARTICIPATION Bob Darby stated that there needs to be a Countywide cleanup of streams using the help of volunteer citizens. Mr. Darby stated that the State and Federal governments should be involved. He voiced his concerns about traffic conditions along Pennsylvania Avenue near the intersection with Crestwood Drive due to signs and shrubbery that reduce sight distance. Mr. Darby also raised concerns about weed control at a property located on Antietam Drive. He also recommended that the Commissioners put a second floor on the building on Baltimore Street instead of adding an addition. Jim Powers, representing the American Federation of Musicians, provided information on the Pen Mar Park Summer concert series. He stated that they ended with a surplus of $551.96. Mr. Powers thanked the Commissioners for their support of the program. Mr. Powers asked that a concrete landing area be installed in the back section of the pavilion to help in moving equipment and to serve as a handicapped ramp. EXTENSION OF FINANCING – GODS AND GENERALS Motion made by Commissioner Schnebly, seconded by Iseminger, to approve an extension of the line of credit at Farmers & Merchants Bank for the movie Gods and Generals until April 25, 2001. Unanimously approved. CONOCHEAGUE TREATMENT PLANT BNR PROJECT – RIGHT-OF-WAY ACQUISITION Motion made by Commissioner Wivell, seconded by Swartz, to approve an option agreement with William Taylor, Trustee, for $45,525 for 66,125 square feet of land needed for a sewer line easement for the Conococheague treatment plant BNR project. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Iseminger, to convene in closed session at 11:24 a.m. to consult with counsel to obtain legal advice, 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 Schnebly, seconded by Iseminger, to reconvene in open session at 11:45 a.m. Unanimously approved. In closed session, the Commissioners consulted with counsel to obtain legal advice on one (1) matter. Present during closed session were Commissioners Gregory I. Snook, Paul L. Swartz, Bertrand L. Iseminger, Jr., John L. Schnebly, and William J. Wivell. Also present at various times were Joni Bittner, County Clerk; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; and Terry McGee, Chief Engineer. RECESS – LUNCHEON & TOUR OF CITICORP CREDIT SERVICES The Commissioners recessed at 11:45 a.m. in order to attend a luncheon and tour at Citicorp Credit Services. AFTERNOON SESSION The afternoon session was called to order at 1:47 p.m. by President Gregory I. Snook, with the following members present: Vice President Paul L. Swartz and Commissioners John L. Schnebly, Bertrand L. Iseminger, Jr., and William J. Wivell. OVERVIEW OF INFORMATION TECHNOLOGY Ron Whitt, Director of the Information Technologies Department, met with the Commissioners to provide an overview of his Department. He reviewed the mission of the Department and the major applications and systems that can be utilized. Mr. Whitt stated that the major accomplishments over the past 5 years include internal and external e-mail capabilities, Internet access, and the installation of the PeopleSoft system. He reviewed the sites served by the IT Department. Mr. Whitt indicated that they have partnered with the City of Hagerstown and the Washington County Free Library to provide a fiber optic backbone. Jodi Ebersole demonstrated the County’s Web site and the links it provides to County departments. OCTOBER 10, 2000 PAGE FOUR Commissioner Schnebly asked that the IT Department review the sites to assure that the appropriate information is provided. He suggested that a committee be established to look at the Web site as a whole rather than on an individual basis. Angie Poffenberger, data base administrator, provided information about the PeopleSoft system and the financial and human resources modules. Mr. Whitt informed the Commissioners that his performance goals for FY 2001 include the development of a telecommunications plan, expanding the availability and capability of e-government services, migrating to the Microsoft platforms, and identifying and reviewing options for replacement of the Treasurer’s tax system. He stated that future projects include Network.Maryland. The County would be able to provide access to a high-speed fiber backbone throughout the State. He also stated that the public safety departments would be converting to digital communications systems from the old analog systems. RECESS The Commissioners recessed at 2:45 p.m. in order to attend a joint meeting with the Board of Education at the central office. JOINT MEETING WITH BOARD OF EDUCATION The Commissioners met with the Board of Education at the central office on Commonwealth Avenue at 3:00 p.m. The following members of the Board of Education were present: Paul Bailey, Mary Wilfong, Herbert Hardin, Marie Byers, Andrew Humphries, and Ed Hayes. Staff members present were Dr. Herman Bartlett, Superintendent of Schools; Dennis McGee, Director of Facilities Management; Teresa Flak, Assistant Superintendent; William McKinley, Executive Director of Support Services; Phil Ray, Director of Human Resources; and Christian South, Director of Budget & Finance. Fiscal Year 2002-2006 Capital Improvement Plan Dennis McGee reviewed the proposed Capital Improvement Plant (CIP) budget for the Board of Education for fiscal years 2002 – 2006. Mr. McGee reviewed the process for presenting the CIP to the State and the appeal process. He reviewed the enrollment projections. Mr. McGee stated that they are requesting $4.5 million for the next fiscal year. The budget includes phase 2 of the South Hagerstown High School renovation project and the Williamsport Elementary School addition, as well as roofing projects for E. Russell Hicks and Marshall Street. Mr. McGee also reviewed their plans to request State funding for a community gymnasium at Williamsport Elementary School. The Commissioners and Board members discussed the information provided on the CIP budget. Motion made by Commissioner Schnebly, seconded by Iseminger, to endorse the Board of Education’s FY 2002 – 2006 Capital Improvements Program budget for submission to the State Interagency Committee. Unanimously approved. Joint Use Agreements for Boonsboro High School Track Robert Arch, Director of Planning & Community Development, reviewed a joint use agreement for the Boonsboro High School track. He stated that the agreement is required to satisfy State eligibility requirements for Program Open Space funds. Mr. Arch stated that the project has $100,000 in Program Open Space funds and $20,000 contributed to the project by the Boonsboro Athletic Association. Mr. McGee outlined the improvements included in the project. Motion made by Commissioner Swartz, seconded by Iseminger to approve the Joint Use Agreement with the Board of Education for the Boonsboro High School track improvements. Unanimously approved. Western Maryland Senior Games Commissioner Swartz informed the Board that Washington County would be hosting the Western Maryland senior games on May 11 and 12, 2001. Response to Letter from Harold Phillips The Commissioners suggested that the Board of Education meet with Harold Phillips to discuss some of the points he has made in recent letters regarding education. The Board agreed and also suggested that Mr. Phillips be given a tour of some of the schools. OCTOBER 10, 2000 PAGE FIVE MACo Initiatives Commissioner Snook informed the Board that MACo has adopted school funding as one its four initiatives for the upcoming legislative session. He stated that the Thornton Commission report will not be completed at that time but that they have been informed that the counties might receive additional funding for special education and transportation of disabled students. Commissioner Iseminger stated that they need to support Secretary Grasmick and her budget request. Commissioner Wivell stated that the Board needs to address the math remediation numbers as quoted recently in the local newespaper. Mr. Hardin indicated that the numbers were not completely accurate in that out-of-state schools were not calculated into the figures. ADJOURNMENT Motion made by Commissioner Iseminger, seconded by Swartz, to adjourn at 4:30 p.m. Unanimously approved. , County Administrator , County Attorney , County Clerk