The regular meeting of the County Commissioners of Allegany County was held in the Commissioners’ Meeting Room, 701 Kelly Road, at 11:00 a.m. on the above date. The following were present: President James J. Stakem; Commissioner Dale R. Lewis; Acting County Administrator David Eberly; and Clerk Carol A. Gaffney.  Commissioner Robert Hutcheson, Attorney William Rudd, and County Administrator Vance Ishler were absent.  Commissioner Stakem noted that Commissioner Hutcheson was attending a MACo Board of Directors’ Meeting/Press Conference.  The Governor will be having a special session next week.  Mr. Rudd and Mr. Ishler were attending the MACo administrator/attorney conference. 

            The following business was transacted:

MOTION #1

There were no additions or deletions to this agenda.

MOTION #2

The Commissioners approved the minutes of the October 11, 2007 public meeting reflecting the detailed summary of the Final Agenda.

REPORT OF THE PRESIDENT

Commissioner Stakem reported on two separate Executive Sessions this week: 

• October 22, 2007 at 10:00 a.m. – Commissioners, Administrator, Attorney met with representatives of CBIZ/Carefirst, Finance Director, and HR Director regarding health insurance negotiations; then met with Steve Young, Paul Kahl and Mark Yoder regarding MDE negotiations. 
• October 24, 2007 at 9:30 a.m.   – Commissioners, Administrator, Attorney met with Gary Moore on personnel issue and a legal issue with Attorney Rudd.  Although indicated on the agenda there was no meeting that day with Steve Young on negotiations.  Virginia Schry was recorder for both. 

PRESENTATION

Item 1 Hearing:  Code Home Rule Bill 11-07 entitled “Building Construction”    This would adopt the current standards of 2007 providing continuity with the state.

Jim Squires, Permits Division Chief, spoke of the update to comply with state adopted International Building Code and International Residential Code as was noted on October 11^th during the introduction of the Bill.  Bill to become effective Jan. 1^st. No modifications are expected to the fee schedule. 

Acting County Administrator Eberly requested that copies be made available to Home Builders Association, as was past practice.  Commissioners agreed this was a good idea. 

Possible action:  November 8, next legislative day.

CONSENT AGENDA

As Recommended by County Administrator

Vote:  2 to 0

Public Works Department

Item 2.  Agreement – Approved Intergovernmental Agreement with Maryland Environmental Service to fund county-operated Citizens Scrap Tire Drop-Off Day at fairgrounds on April 19, 2008.

Item 3.  RFP for Dump Truck – Authorized Utilities Division to seek proposals for purchase of used single axle dump truck with money available in the utility capital projects budget. 

Community Services Department

Item 4. Clarysville Water – Approved $30,000 block grant agreement with MD. Department of Housing & Community Development for the county to administer hookup assistance funds upon completion of Clarysville water system.

Item 5.  CDBG Sub-Recipient Grant Agreement - Approved agreement to accept $40,000 in FY07 CDBG Program funds to continue the Housing Rehabilitation Project operated within the city limits. 

Item 6. ARC/Community Technical Assistance Grant - Accepted $20,000 grant from State Planning to assist with Water & Sewer Infrastructure Geodatabase Project with County providing $20,000 (In-kind of $10,000 from budget #1206 and Cash of $10,000).

Item 7.  Emergency Shelter Grant Agreements – Approved and authorized President to sign, $29,250 grant from State Housing & Community Dev. (Agreements on behalf of HRDC $22,650 and FCRC $6,600) to provide emergency services to women and children and authorized Administrator to sign subrecipient agreements. 

Sheriff’s Office

Item 8.  Underage Tobacco Grant – Accepted $8,550 grant through the Health Department to target underage individuals purchasing tobacco products and vendors selling to the under aged.  Increased line item 1360-8066 to reflect this grant which is 100% state funded. 

Animal Control

Item 9.  Reappointments – Approved 2-year term reappointments of Frank Greise, Member-at-Large; E. Douglas Holler, Member-at-Large; and Misty Joy, Health Department Representative expiring 6/30/09. 

Board of Education

Item 10. Budget Transfer – Approved transfer of $15,000 from Fixed Charges to Operations to cover a system-wide evaluation of public address systems to determine whether to repair or replace them. 

Item 11.  Budget Amendment – Authorized $350,000 increase to FY08 budget based on GASB regulations requiring participants of Medicare D program to recognize as revenue amounts received instead of offsetting medical costs.  This amount will be noted in health care reserve account as reimbursement of prescription drug costs. 

Circuit Court

Item 12.  Budget Amendment for Family Services– Approved revenue decrease and reduction of Other Professional Services of $2,585 in Family Services Grant, Department 1018 reflecting 1.56% decrease in state grant. 

Economic Development

Item 13.  Resolution No. 07-28 – Allowed change in Enterprise Zone Local Standards to permit retail sales to be eligible for certification in the Virginia Avenue corridor.  (See resolution below)

Road Opening/Closing Petition

Item 14.  Order to Open – Adopted Order opening, with intent to close, unnamed paper alley in Frostburg northeast of Martin Run Road as petitioned by Attorney Robert Kazary on behalf of The Finishing Line, Inc., petitioner.  (See Order below)

Item 13 continued:

Resolution No. 07-28

WHEREAS, the State of Maryland passed legislation providing for the designation of Enterprise Zones in the political subdivisions of the state to focus State and local resources into distressed areas.     

            WHEREAS, one such zone encompasses an area in the City of Cumberland and Allegany County called the Gateway Zone in which the two jurisdictions have jointly appointed an advisory board and have jointly adopted local standards.

WHEREAS, it has been recommended by the Enterprise Zone Advisory Board and it is the desire of Allegany County and the City of Cumberland to amend these local standards in order to increase economic activity in the Virginia Avenue Corridor. .

            NOW, THEREFORE, BE IT RESOLVED, by the action of the Board of County Commissioners for Allegany County, Maryland, that:

1. The local standards of the Gateway Enterprise Zone are amended to include retail sales as an activity eligible for Enterprise Zone benefits in the Virginia Avenue area.      

            2.  The specific area is identified on an attached map.

                        ADOPTED THIS 25TH DAY OF October, 2007

(See resolution file for map)

Item 14 continued:

ORDER

IN RE:  The Petition of Finishing Line, Inc. 18505 Martin Run Road SW, Frostburg, MD

            The above and within captioned matter having come before the County Commissioners for Allegany County on the Petition of Finishing Line, Inc. for the opening with intent to close a certain unnamed paper street or alley in Frostburg, Allegany  County.  The matter having then been submitted to the appropriate agencies for investigation and such reports having been considered, it is the opinion of the County Commissioners for Allegany County, Maryland, that the relief sought in the Petition should be granted.  Therefore it is on this the 25^th day of October, 2007

            ORDERED that all of the said paper street or alley situate lying adjacent to said particular street on both sides located in Frostburg, Allegany County, and more fully described in certain metes and bounds as set out on Schedule A which is attached hereto and made a part hereof, shall be opened with the intention of closing pursuant to the powers contained in Article 25, Section 135 et seq. of the annotated Code of Maryland.

            ORDERED that as a condition to said closure, the Petitioner, Finishing Line, Inc., shall prepare a new deed that combines the description of said unnamed paper alley.

            ORDERED THAT AS A FURTHER CONDITION TO CLOSURE, THE Petitioner, Finishing Line, Inc., shall execute and deliver a certain deed or right-of-way as prepared by the County Engineer’s Office.

            Witness the hands and seal of The County Commissioners for Allegany County, Maryland. 

(See file for Schedule A)

BIDS

County Clerk Carol Gaffney gave a bid report on Furnishing & Painting Pavement Markings noting the two bids are being reviewed by Public Works.

Bid for Furnishing and Painting Pavement Markings

September 27, 2005 – 3:00 p.m.

The above figures represent bid sheet figures as received and do not represent any county tabulation or verification of the amounts listed.   Bids were opened by Clerk to the Commissioners Carol A. Gaffney in the presence of Cathy Blank, Administrative Assistant, Commissioners Office and Roger Stumbaugh, Roads Supervisor.   The bids were referred to the Public Works Director and Roads Division for review and recommendation back to the Commissioners.  

DISCUSSIO N

Commissioner Stakem reported on his attendance at the 10^th Maryland Rural Summit where he represented both the rural Commissioners and Tri County Council.  They are forming a coalition to fight as one.  He noted several of the meetings and speakers.  Keynote speaker was Martin Wasserman with the Maryland Medical Society, who discussed the shortage of medical personnel in rural areas.  Commissioner Stakem noted that this trend can be seen construction trades/heavy equipment operators, along with teachers, too. 

Reminders:    Next Work Session - Thursday, November 1 at 9:00 a.m., Room 212

                       Next Public Meeting - Thursday, November 1 at 11:00 a.m., Room 100

ADJOURNMENT:

            There being no further business to come to the attention of the Board, a motion to adjourn at 11:14 a.m. was made and duly carried.