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HomeMy WebLinkAbout011016October 16, 2001 Hagerstown, Maryland The Commissioners attended a breakfast meeting with the Associated Builders & Contractors (ABC) at 7:30 a.m. at the Venice Inn to discuss legislative issues for the 2002 session of the Maryland General Assembly. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:30 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 Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES — OCTOBER 9, 2001 Motion made by Commissioner Iseminger, seconded by Swartz, to approve the minutes of October 9, 2001, as amended. Unanimously approved. COMMISSIONERS' REPORTS & COMMENTS Commissioner Iseminger reported on the meeting of the Fire & Rescue Communications Committee and the Arts & Entertainment District Committee. Commissioner Wivell informed the Commissioners that he met with Dr. Elizabeth Morgan, Interim Superintendent of Schools, and asked whether the Commissioners had an interest in forming a subcommittee to study consolidation initiatives with the Board of Education. The Commissioners asked that this issue be placed on the joint meeting agenda for discussion. Commissioner Wivell also updated the Board on security issues at High Rock. He reported on the meeting of the Water & Sewer Advisory Commission. Commissioner Swartz reported on the Disabilities Advisory Committee forum on State issues and the rededication of the Hager House following the improvements made to assure compliance with the Americans with Disabilities Act. He also informed the Commissioners that he participated in the Hagerstown Exchange Club golf tournament. Commissioner Schnebly reported on the Economic Development Commission meeting. He also attended the Library fundraiser "Gala in the Stacks." Commissioner Snook stated that he represented the Commissioners at the ribbon -cutting ceremony for the new Allfirst branch bank and at the name- changing celebration for Somerford (formerly Alterra). He reported on the Economic Development Commission meeting. Commissioner Snook informed the Commissioners that he presented a proclamation to the Maryland Federation of the Blind at their recent convention in Hagerstown. He stated that he received notice that the League of Women Voters is holding a public information session on October 25 to address emergency services. He also informed the Commissioners that the Department of Transportation has scheduled a public information workshop on November 8 on the I-81 widening project. PROCLAMATION - CHARACTER COUNTS! WEEK Commissioner Schnebly presented a proclamation to Carolyn Brooks, Director of the Character Counts! program, designating the week of October 21-21, 2001 as Character Counts! Week and encouraging citizens, schools, businesses and government to support the program. The Board recognized the six pillars of character taught by the program: trustworthiness, respect, responsibility, fairness, caring, and citizenship. Ms. Brooks thanked the Commissioners for the proclamation and support and provided a brief history of the program. She requested their financial support for training, staffing and materials. Motion made by Commissioner Swartz, seconded by Schnebly, to provide $5,000 to the Character Counts! program for training, staffing, and materials with funds to be taken from the Commissioners Contingency fund. Unanimously approved. OCTOBER 16, 2001 PAGE TWO REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, reported on work that the Buildings, Grounds & Parks staff is doing at the Agricultural Education Center. He informed the Commissioners that the BNR project construction would be completed this month. Mr. Rohrer stated that additional security is being added at the treatment facilities. He indicated that the Solid Waste Department has scheduled bulk trash week for November 5 - 10. Mr. Rohrer informed the Commissioners that the bituminous concrete overlay projects are complete and the road reclamation is still ongoing. He then provided a brief update on construction projects. Robert Arch, Director of Planning & Community Development, reminded the Commissioners that the Metropolitan Planning Organization meeting is scheduled for October 18. Mr. Arch stated that the County met the commitment necessary for the Rural Legacy project. He informed the Commissioners that his staff is developing a policy for the sale of data and that they would scheduled it on the Commissioners' agenda for their consideration. Mr. Arch reported that registrations for all the Recreation Department's programs are higher than last years. Debra Bastian, Director of Finance, reported that Washington County was acknowledged recently in a report on financial system implementation. She stated that the audit is now complete. Ms. Bastian informed the Commissioners that she anticipates that interest income will be significantly lower than budgeted. She will develop options to deal with the reductions and bring them before the Commissioners for their consideration. Alan Davis, Director of Human Resources, stated that the implementation phase with CareFirst Blue Cross/Blue Shield has been completed. He informed the Commissioners that the Local Management Board meeting is tomorrow. Mr. Davis stated that his office has had several inquiries about handling incoming mail in light of the anthrax cases throughout the Country. He indicated that he has drafted general guidelines for dealing with suspicious packages. PROJECT COST OVERRUNS - ROAD RECLAMATION & BITUMINOUS CONCRETE OVERLAY Terry McGee, Chief Engineer, informed the Commissioners that, due to computation errors, both the road reclamation and bituminous concrete overlay projects will experience cost overruns. Mr. McGee then reviewed both programs. He stated that the overlay program has already been completed and must be paid. He recommended that the increase be taken from the surplus in the Highway User Fund. Mr. McGee stated that the potential budget deficit in the road reclamation project is due to several errors in determining the quantities for the project. He estimated that the project would be $22,000 over budget. Mr. McGee recommended transferring this amount from the Miscellaneous Road Improvements Account. He also reviewed the other options available. Motion made by Commissioner Iseminger, seconded by Swartz, to transfer $20,000 from the Highway User Fund to fund the cost overrun in the bituminous concrete overlay program and to transfer $22,000 from the Engineering Miscellaneous Road Improvements Account to the Road Reclamation Project to cover the cost overrun. Motion carried with Commissioners Iseminger, Swartz, and Snook voting "AYE," Commissioner Wivell voting "NO" and Commissioner Schnebly "ABSTAINING." DISCUSSION OF PROPOSED 2002 LEGISLATIVE AGENDA Richard Douglas, County Attorney, reviewed the proposed 2002 legislative agenda. He asked the Commissioners to review the proposals and decide what they wish to submit to the local delegation to the General Assembly for consideration. Mr. Douglas reviewed the following items: 1) State Funds for Hagerstown Regional Airport Runway Extension - the Airport has requested $8 million over the next three years to expand the existing safety areas and extend its primary runway to 7,000 feet from 5,461 feet. 2) State Funds for "Southern Boulevard" - the County requests that the Delegation make every effort to ensure that the proposed Southern Boulevard project is included as a "State High Priority Project" to secure the maximum allowed in federal funding. 3) State Funds for OCTOBER 16, 2001 PAGE THREE widening of I-81 - The County requests additional State funding for the engineering, design, and construction of the I-81 project to supplement what has previously been appropriated. 4) State Funds for the University of Maryland - Hagerstown Campus - The County requests additional funds for the development of the Hagerstown campus of the University System of Maryland. 5) State Funds for the Hagerstown Arts & Entertainment District - The Arts & Entertainment District requests State funding in the amount of $7.6-8.6 million for a Performing & Visual Arts Center to be developed around the Maryland Theatre. 6) Animal Control Enabling Law - Constitute Ordinance Violations as Misdemeanors; Reassign Certain Functions from Animal Control Authority to County and Animal Control Agency. 7) County Transfer Tax - the County seeks authority to impose a county transfer tax to "piggyback" on the State transfer tax. The tax would be assessed on the recordation of specified "instruments in writing" in the land records of the Circuit Court. 8) Fee Charged by Clerk of the Circuit Court for Collecting a County Transfer Tax. 9) Criminal Trespass Laws - Mr. Douglas explained that the State law was rewritten in 1998 and does not allow the Sheriff's deputies to charge those trespassing on posted public property unless they refuse to leave the premises. After discussion the Board agreed to eliminate the two items relating to imposition of a county transfer tax. The Commissioners discussed the Governor's salary initiative for teachers and the possibility of extending it after it expires in FY 2003. Commissioner Iseminger suggested that if the State increases the sales tax, some portion of the revenue should be committed for educational funding. The Commissioners agreed to discuss the proposals in more detail prior to meeting with the Delegation. 250TH BIRTHDAY CELEBRATION AT FORT FREDERICK STATE PARK Allan Powell, Chairman of the Friends of Fort Frederick Birthday Committee, met with the Commissioners to report on the plans for the 250th birthday celebration of the Fort. Mr. Powell informed the Commissioners that the State has provided funding to rebuild the officers' quarters at Fort Frederick. He stated that the Friends are asking the Governor to issue a proclamation designating 2004-2008 as a recognition period for the Fort. He indicated that they are also hoping to commission an artist to paint a 4' x 6' oil painting of Fort Frederick that would be donated for display. He also outlined other events and fundraisers planned to commemorate the Fort's 250th birthday. Mr. Powell requested that the County provide a donation to assist with the costs of the oil painting. After discussion, the Commissioners took this request under consideration. CITIZENS PARTICIPATION There was no one present who wished to participate. UPDATE - SECURITY ISSUES IN THE COUNTY Sheriff Mades and Lt. Douglas Mullendore, representing the Sheriff's Department; Verna Brown, Emergency Program Manager; and Joseph Kroboth, Emergency Services Director, met with the Commissioners to provide an update on security issues in the County. Rodney Shoop, County Administrator, stated that there has been a great deal of activity in the public safety area to ensure that the County is prepared to deal with any incidents of terrorism or bio -terrorism. Ms. Brown informed the Commissioners of inquiries they have had from concerned citizens. She stated that the League of Women Voters is sponsoring a public information meeting on October 23 and the Commission for Women will sponsor one on October 25. Ms. Brown stated that the County officials have been meeting with City and State agencies to assure that there is a unified response to any incidents. She stated that they have reviewed plans dealing with "Weapons of Mass Destruction" and "Hazardous Materials," and have met with all involved agencies (emergency services, fire services, special operations, health and police agencies) to assure that they have policies in place to make a unified response. Ms. Brown stated that the Health Department is working on public education material. Lt. Mullendore informed the Commissioners that they have developed a tiered response to any possible threats. Ms. Brown emphasized that the threat is minimal in this area. She stated that they have scheduled a "Lessons Learned" OCTOBER 16, 2001 PAGE FOUR debriefing on October 24. Mr. Kroboth reported that the County has requested financial assistance from the Maryland Emergency Management Administration to allow the purchase of equipment to allow field testing to determine whether a particular substance is a threat. The Commissioners discussed upcoming Halloween activities and agreed that they would not discourage trick or treat on October 31 but emphasized that there should be adult supervision. Mr. Shoop commended those individuals involved and stated that the County is well prepared. COUNTY ADMINISTRATOR'S COMMENTS Mr. Shoop discussed the possibility of adding a half-day meeting to the Commissioners' schedule in the near future. GRANT AGREEMENTS - STATEWIDE SPECIAL TRANSPORTATION ASSISTANCE PROGRAM (SSTAP) OPERATION ASSISTANCE FOR FY 2002 AND AMERICANS WITH DISABILITIES ACT (ADA) ASSISTANCE Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the agreement with the Maryland Transit Administration for FY 2002 Statewide Special Transportation Assistance Program (SSTAP) grant funding in the amount of $141,522, seventy-five percent of the net project cost, to assist in providing transportation services to elderly persons and persons with disabilities, with the County providing up to $53,841 in local public match through in-kind services, and to approve the grant agreement from the Maryland Transit Administration to assist in providing transportation services to persons with disabilities in the amount of $184,458 for the net project cost, with the County to provide local funds for the project in the amount of $20,495. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Schnebly, seconded by Swartz, to convene in closed session at 11:05 a.m. to discuss a proposal for a business or industrial organization to locate, expand or remain in the State and to discuss a matter directly related to a negotiating strategy or the contents of a bid or proposal, all 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 Iseminger, seconded by Swartz, to reconvene in open session at 11:48 a.m. Unanimously approved. In closed session, the Commissioners discussed a proposal for a business or industrial organization to locate, expand or remain in the State, and discussed a matter directly related to a negotiating strategy or the contents of a bid or proposal. 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 Rodney Shoop, County Administrator; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Dean Lowry, Real Property Administrator, Tim Troxell, Assistant Director of the Economic Development Commission; Richard Thompson; and Richard McCleary. RECESS — MARYLAND YOU ARE BEAUTIFUL PROGRAM RECEPTION The Commissioners recessed at 11:48 a.m. in order to attend the reception honoring the nominees and grand winner of the Washington County's Most Wonderful Citizens Program. The grand winner will be recognized at the State's Maryland You Are Beautiful Awards Dinner in November. AFTERNOON SESSION The afternoon session was called to order at 1:45 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. CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Iseminger, to convene in closed session at 1:45 p.m. to discuss a personnel matter, to discuss a matter directly related to a negotiating strategy or the contents of a OCTOBER 16, 2001 PAGE FIVE bid or proposal, as public discussion or disclosure would adversely impact the ability of the Board to participate in the proposal process, to discuss a proposal for a business or industrial organization to locate, expand or remain in the State, and to consult with counsel to obtain legal advice, all 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 Swartz, seconded by Iseminger, to reconvene in open session at 3:40 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter, considered one (1) proposal for a business or industrial organization to locate, expand or remain in the State, discussed two (2) matters directly related to a negotiating strategy or the contents of a bid or proposal, and consulted with counsel to obtain legal advice on three (3) issues. 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 Rodney Shoop, County Administrator; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Joni Bittner, County Clerk; Tim Troxell, Assistant Director of the Economic Development Commission (EDC); Cassandra Latimer, EDC Marketing Specialist; Debra Bastian, Director of Finance; Alan Davis, Director of Human Resources; Greg Murray, Director of the Water & Sewer Department; Gary Rohrer, Director of Public Works; Terry McGee; Chief Engineer; and Robert Arch, Director of Planning & Community Development. APPOINTMENT OF GAMING DIRECTOR Motion made by Commissioner Swartz, seconded by Iseminger, to employ Lisa Kalkbrenner as Gaming Director, Grade 13 ($39,353) to fill an existing vacancy. Unanimously approved. RECESS The Commissioners recessed at 3:41 p.m. JOINT MEETING WITH CITY OF HAGERSTOWN The Commissioners met with Mayor William Breichner and City Council members Lewis Metzner, Linn Hendershot, Kristin Aleshire, Penny Nigh, and Carol Moller at City Hall at 4:15 p.m. Leadership Hagerstown Alumni Directory Art Callaham, Executive Director of the Greater Hagerstown Committee, distributed the Leadership Hagerstown Alumni Association booklets to the Commissioners and Mayor and Council. He encouraged the elected leaders to use the directory as a primary source of nominations for appointments to boards, commissions and task forces in the coming years. Kids Voting Program Mr. Callaham also spoke on behalf of the Kids Voting Program. He stated that it is run entirely by volunteers and emphasized the significance of the freedom to vote and allowing the students to cast their votes. Mr. Callaham distributed pledge sheets and requested funding from both bodies. Cable Franchising Richard Kautz, City Manager, and Tom Robinson, consultant from River Oaks Communications, provided information on cable franchising in Washington County. Mr. Kautz introduced those in attendance who have been working on this issue. He stated that the City has completed its negotiations with Antietam Cable; however, there are three other cable operations in the County. Mr. Robinson then reviewed the major issues included in the agreement. He stated that the list of qualified users includes the Board of Education, Sheriff's Department, Washington County Free Library, Hagerstown Community College, Frostburg State University - Hagerstown Campus, the County Administration Building, and the Washington County Hospital. Mr. Robinson reviewed the public benefits of cable franchising and the potential benefits to the County. He indicated that the OCTOBER 16, 2001 PAGE SIX franchise fee can be up to five percent and is considered as compensation for the use of public right-of-way. The meeting was then opened for question and discussion. The Commissioners took this matter under consideration. Proposed Annexation Policy - City of Hagerstown Councilman Metzner informed the Commissioners that the Mayor and Council charged the City staff to come up with an annexation policy to include the extension of utility services in the Urban Growth Area. He stated that they felt that the City could become "landlocked." Councilman Metzner indicated that the proposed policy also includes the advantages of living in the City. Commissioner Wivell stated that water and sewer extension should be a separate issue and should not be used as an incentive to annex into the City. Commissioner Snook emphasized that the County wanted its staff to be involved in the development of the policy since it would affect the County and its residents. He asked that the County be given time to review the proposal in more detail and comment on it before it is voted on by the City Council. Commissioner Schnebly agreed that it appears to be a unilateral policy with no input from the County Commissioners. He stated that the Commissioners were taken by surprise by the policy. Mayor Breichner agreed that there needs to be further discussion on the City's part and asked that the Commissioners take the draft annexation policy back to the County Planning staff for review and comment. He stated that both bodies would then meet for further discussion on it. Joint Sewer Flow Transfer Agreement The group then discussed the Flow Transfer Agreement. It was the consensus of the Commissioners to approve the agreement as it was originally amended by Rick Thomas, Director of Water Pollution Control, and Greg Murray, Director of the Water & Sewer Department. They stated that the proposed annexation policy could have an impact on the flow transfer agreement as it is currently written. Councilman Metzner argued that the flow transfer agreement is annexation neutral. After discussion, the Commissioners stated that, in light of the proposed annexation policy, they need more time to see how the policy would affect the County residents in the flow transfer agreement. Commissioner Snook stated that he would contact Mayor Breichner to arrange a meeting to allow further discussion of the issues. ADJOURNMENT Motion made by Commissioner Swartz, seconded by Schnebly, to adjourn at 5:45 p.m. Unanimously approved. County Administrator County Attorney County Clerk