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.
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County Administrator
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County Attorney
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Clerk