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HomeMy WebLinkAbout991130 November 30, 1999 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 11:00 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. PENMAR DEVELOPMENT CORPORATION - TERMS & CONDITIONS OF TRANSFER James LaFleur, Executive Director of the PenMar Development Corporation (PMDC), and Steven Hull, Chairman of the PMDC Board of Directors, met with the Commissioners to provide a status report on the negotiations with the Army on the transfer of Fort Ritchie. Mr. LaFleur introduced the Board members who were in attendance. He also reviewed the adopted mission and vision statements adopted by PMDC as well as the goals of the Board. Mr. LaFleur reviewed the history of the project. He explained that the Army must approve a conveyance plan as well as a clean-up plan for the unexploded ordinance (UXO) located on the base. Mr. Hull stated that the Army has declared PMDC an eligible recipient and accepted the economic development  plan. However, the Armys UXO clean-up plan is inconsistent with the approved economic development plan, and the clean-up restrictions would severely restrict development on the base. He reviewed a color-coded map of the area showing the UXO area and the restrictions on development. He expressed concern that the PMDC may not be able to develop the land in accordance with economic development plan based on information on the environmental findings of the Army conveyance team. Mr. LaFleur indicated that none of the property is transferable now and less than 10% of the property would transfer without land use restrictions. The UXO area and buffer zone would not transfer until 2002-2005. Mr. Hull stated that the Army recently awarded the contract to clean up of area. Mr. Hull informed the Commissioners that PMDC returned a draft Memorandum of  Agreement (MOA) to the Army, stating that they cannot accept the Armys proposed terms and conditions. They requested notification as to whether the proposed MOA is acceptable. Mr. LaFleur indicated that PMDC has requested a joint meeting with the Army and the Environmental Protection Agency to allow them to explain the impact of the findings. The Commissioners agreed that it does not make sense economically to accept the property since the PMDC could not accomplish the current redevelopment plan for the base. Mr. Reuter questioned the economic viability of the project.  He stated that the PMDC may have to lock the gate and walk away from the project. After discussion and questions, the Commissioners asked Mr. LaFleur to inform them of the response they receive from the Army to their request for a meeting. They asked for an update after January 2000 in order to evaluate the information and decide if they wish to continue the process. RECESS - COMMUNITY ACTION COUNCIL ANNUAL LUNCHEON The Commissioners recessed at 12:00 p.m. in order to attend the annual luncheon of the Community Action Council. AFTERNOON SESSION The afternoon session was called to order at 1:34 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 and William J. Wivell. WORKSHOP - PROPOSED AMENDMENTS TO THE ANIMAL CONTROL ORDINANCE Richard Douglas, County Attorney, reviewed the proposed amendments to the Animal Control Ordinance and the policy issues which were decided at the previous workshop held on November 16, 1999. He stated that the remaining issues that need to be clarified prior to the public hearing on the amendments include: 1) treatment of vicious, potentially vicious and nuisance animals; 2) procedure for issuing and appealing citations; and 3) changes in the functions of the Animal Control Authority. Shelly Moore, Director of the Humane Society of Washington County, and Keller Haden, Animal Control Officer, were in attendance to review the proposed changes. Mr. Douglas reviewed the procedure for appeal of citations, the proposed duties of the Animal Control Authority, and the definitions for commercial and noncommercial kennels. After discussion, the Commissioners agreed to schedule a public hearing to consider the proposed amendments. The Commissioners also asked that the proposed amendments be sent to the Farm Bureau and other interested groups and individuals for their review prior to the public hearing. FISCAL SPENDING PLAN DISCUSSIONS Commissioner Wivell reviewed his proposed fiscal spending plan for NOVEMBER 30, 1999 PAGE TWO Washington County. He stated that it was his intent to shift the direction from focusing on additional revenue sources to one of fiscal constraint by proposing the following: 1) a cap on the growth in general fund expenditures; 2) a limit on borrowed funds; 3) identification of alternative/reduced/additional funding sources; 4) adopting of cost-cutting measures; and 5) application of excess revenues toward debt reduction, economic development, and employee profit sharing. The Commissioners discussed the recommendations in the plan. Commissioner Schnebly stated that, although he understands the philosophical issues, he  doesnt feel that the implementation of arbitrary controls will resolve the problem. Commissioner Snook stated that some of the recommendations would require legislative changes. The Commissioners discussed water and sewer rates, capital projects and school funding. Rodney Shoop, County Administrator, stated that there is a long-term plan in place for water and sewer rates to control costs. Alan Davis, Human Resources Director, outlined some of the discussions he is currently having with Hagerstown Community College and the City of Hagerstown regarding the formation of a cooperative for employee benefits. The Commissioners also discussed the budget process itself. Commissioner Swartz complimented Commissioner Wivell for his efforts and the need to look at areas where the County can make some reductions. Commissioner Snook stated that the Convention and Visitors Bureau has appointed a committee to discuss possible ways of sharing resources with the Economic Development Commission (EDC). He stated that the recommendation to increase the hotel/motel tax to give a percentage to the EDC would require an amendment to the law. He also asked if the Commissioners wished to approach the local delegation to the General Assembly about reducing the level of charitable donations the County is required to make. The Commissioners also asked that the staff approach the appropriate State officials to request financial assistance with BNR costs.  CONTRACT AWARD - UNIFORMS FOR SHERIFFS DEPARTMENT DEPUTIES Motion made by Commissioner Schnebly, seconded by Iseminger, to award the  contract for uniforms for Sheriffs deputies to Red the Uniform Tailor, Inc. which submitted the low responsive, responsible bid of $27,612.50 for a one- year contract with two additional, consecutive one-year periods. Motion  carried with Commissioners Schnebly, Iseminger and Snook voting AYE and  Commissioners Swartz and Wivell voting NO. CONTRACT AWARD - REAL PROPERTY ACQUISITION SERVICES Motion made by Commissioner Schnebly, seconded by Iseminger, to award the contract for real property acquisition services to Ellis Land Services which submitted the low responsive, responsible proposal of $55.00 per hour for the services of a real property agent and senior real property agent for a one-year contract with two one-year options to renew. Unanimously approved. BID AWARD - LEASE & SUPPLYING OF GOLF CARTS - BLACK ROCK GOLF COURSE Motion made by Commissioner Iseminger, seconded by Wivell, to award the contract for the lease and supply of golf carts for Black Rock Golf Course to Mid-Atlantic Equipment Corporation for the E-Z-Go Golf Cart, which submitted the lowest responsive, responsible bid, based on Option No. 1 (six-year lease) without alternates 1 and 2, for the total annual sum of $64, 448.64 and a total six-year cost of $386,691.84. Unanimously approved. DEBT AFFORDABILITY AND POLICY SERVICES Debra Bastian, Director of Budget & Finance, met with the Commissioners to request authorization to contract with Government Finance Officers Association (GFOA) Consulting Services to perform a debt affordability and policy study for Washington County. She stated that GFOA proposes to present the project in four phases: 1) Operational Review of Debt Burden; 2) Debt Affordability Analysis; (3) Formation of Written Debt Policy; and 4) Communication of Results. The total project is estimated to cost $24,750 with an anticipated three-month completion date. Ms. Bastian then reviewed a breakdown of the costs for each phase as outlined by GFOA. She stated that this would help the County achieve its goals and provide financial guidance to establish acceptable levels of debt, promote objectivity and limit political influence. Ms. Bastian reviewed some of the benchmarks that need to be evaluated to make the appropriate decisions for the County. The Commissioners discussed the proposal. NOVEMBER 30, 1999 PAGE THREE Motion made by Commissioner Schnebly, seconded by Iseminger, to approve the debt affordability study as a sole source contract with the Government Finance Officers Association with funds to be taken from the Debt Service Interest account. Motion carried with Commissioners Schnebly, Iseminger and  Snook voting AYE and Commissioners Swartz and Wivell voting NO. CONVENE IN CLOSED SESSION Motion made by Commissioner Iseminger, seconded by Wivell, to convene in closed session at 3:59 p.m. discuss personnel issues, to consider proposals for businesses or industrial organizations 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 OPEN SESSION Motion made by Commissioner Swartz, seconded by Schnebly, to reconvene in open session at 5:34 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel issues, considered two (2) proposals for businesses or industrial organizations to locate, expand, or remain in the State, and 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, John L. Schnebly, and William J. Wivell. Also present at various times were Rodney Shoop, County Administrator; Joni Bittner, County Clerk; Richard Douglas, County Attorney; John Martirano, Assistant County Attorney; Alan  Davis, Director of Human Resources; Kenneth Long, States Attorney; John Howard, Director of the Economic Development Commission (EDC); Tim Troxell, Assistant Director of EDC; Tom Riford, EDC Marketing Specialist; and Thomas Newcomer and Charles Shindle, EDC board members. RECESS The Commissioners recessed at 5:34 p.m.  EVENING SESSION - CHILDRENS VILLAGE OF WASHINGTON COUNTY  President Gregory I. Snook convened the evening session at Childrens Village of Washington County at 7:00 p.m. 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. The Commissioners welcomed the students from the government class from Hagerstown Community College. APPROVAL OF MINUTES - NOVEMBER 16, 1999 Motion made by Commissioner Iseminger, seconded by Schnebly, to approve the minutes of November 16, 1999, as amended. Unanimously approved. PUBLIC HEARING - SOLID WASTE MANAGEMENT AND RECYCLING PLAN The Commissioners convened a public hearing on the Solid Waste Management and Recycling Plan at 7:10 p.m. as advertised. William Stachoviak, Park & Environmental Planner, reviewed the proposed update of the Plan and the changes from the 1996 Plan. He stated that four public information meetings were held throughout the County on the draft and that it was also submitted to the Public Works Director and the Solid Waste Advisory Committee for review. Mr. Stachoviak reported that the plan includes data on recycling and waste flow which has been updated from the 1996 plan as well as information on the closeout of the Resh Road and rubble landfill sites and a development schedule for the 40 West Landfill. The meeting was then opened for public comment. Joe Swope expressed his views on the proposed plan. The hearing was closed and Commissioner Snook announced that the record would remain open for ten (10) days in order to receive written comments.  CITIZENS PARTICIPATION Dennis Martin stated that he is a baseball fan but does not support the proposal to construct a new stadium and urged the Commissioners to vote against it.  Harry Myers stated that he is opposed to using County taxpayers money for a new stadium and feels this issue should be placed on the ballot for a NOVEMBER 30, 1999 PAGE FOUR referendum. Joe Swope voiced his opposition to putting money into a new stadium. He also stated that he is opposed to private partnerships in County parks and expressed concern about the base redevelopment of Fort Ritchie. REZONING CASE RZ-99-012 - OUTLET VILLAGE OF HAGERSTOWN Richard Douglas, County Attorney, reviewed map amendment RZ-99-012, submitted by Outlet Village of Hagerstown Limited Partnership, to rezone property from Highway Interchange 2 (HI-2) to Highway Interchange 1 (HI-1) that was heard at public hearing on September 20, 1999. Mr. Douglas stated that the Planning Commission has recommended approval of the application. Motion made by Commissioner Iseminger, seconded by Schnebly, to accept the definition of the neighborhood as described by the applicant. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly, to make the findings of fact set forth in the report of the County Attorney, a copy of which is attached, in accordance with Section 27.3 of the Zoning Ordinance, and to make the recommendation of the Planning Commission part of the record. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly, to find that there was a mistake in the original zoning based upon the failure of the Commissioners to rely on the recommendation by staff as to the original zoning of the Barkdoll tract as recommended by staff, the assumption that development as an HI-2 property was reasonably probable of fruition, and the subsequent rezoning to HI-1 which would have the effect of zoning the property in the same manner as the surrounding Barkdoll Tract. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly, that there was a change in the character of the neighborhood based on the predominantly commercial development in the area, the construction of the Outlet Mall, the subsequent commercial development along Sharpsburg Pike, and the reconfiguration and replacement of the I-70 off-ramp. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Wivell, that there has been a convincing demonstration that the proposed rezoning from Highway Interchange 2 (HI-2) to Highway Interchange 1 (HI-1) would be appropriate and logical for the subject property based on predominantly commercial character of the surrounding neighborhood. Unanimously approved. Motion made by Commissioner Iseminger, seconded by Schnebly, based upon the previous motions, that the proposed rezoning from HI-2 - Highway Interchange 2 to HI-1 - Highway Interchange I be granted. The rezoning was found to be compatible with the goals and objectives of the Comprehensive Plan. Unanimously approved. GUARANTY AGREEMENT FOR PHOENIX COLOR EXPANSION Motion made by Commissioner Schnebly, seconded by Swartz, to adopt a resolution approving a Guaranty Agreement requiring the County to reimburse the State up to the first $300,000 in the event that Phoenix Color defaults on the Maryland Industrial and Commercial Redevelopment Fund (MICRF) loan of $500,000 and grant of $250,000 from the Maryland Department of Business and Economic Development to Phoenix Color Corporation for expansion of its operations in Washington County. Unanimously approved.  COMMISSIONERS REPORTS AND COMMENTS  Commissioner Wivell reported on the Homebuilders Associations annual dinner and the public hearing held by the State Department of the Environment on the new landfill. He informed the Commissioners that the Washington County Taxpayers Association and the Citizens for the Protection of Washington County invited him to present his fiscal spending plan. Commissioner Iseminger reported on the meetings of the Board of Social Services, the Housing Authority, and the Agricultural Education Center Board of Directors. Commissioner Swartz reported on the meetings of the Transportation Advisory  Committee, the Childrens Council, the Local Management Board (LMB), the Commission on Aging, and the Convention & Visitors Bureau Marketing Committee. He also informed the Commissioners that he attended the RPS ribbon-cutting ceremony, the Salvation Army Kettle Kick-off, the Homebuilders Association dinner, and appeared as a guest on the radio show NOVEMBER 30, 1999 PAGE FIVE conducted by the League of Women Voters. Commissioner Schnebly reported on the LMB bidding process for Head Start administration, the Municipal League meeting, the Airport Commission meeting, and the Homebuilders Association dinner. Commissioner Snook reminded the Commissioners that the Maryland Association of Counties Winter meeting is being held in Hagerstown this week. He informed the Commissioners that a letter has been received from the City of Hagerstown requesting the express consent of the County to annex 1.008 acres off of Dual Highway. He stated that the staff would review the request and make a recommendation. Commissioner Snook informed the Commissioners that they have been invited to a meeting held by the Maryland Census Office on December 3. He also stated that he received a letter from the Secretary of the Department of Juvenile Justice that they are planning to build a 24-bed detention center for juveniles on Roxbury Road.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, reported that on the casual day for November, County employees raised $305 and donated 1,143 pounds of food for Food Resources. REQUEST TO OVERLAY PARKING LOT - MT. AETNA VOLUNTEER FIRE COMPANY The Commissioners asked Mr. Shoop to obtain additional information before they make a decision on the request made by the Mt. Aetna Volunteer Fire Company to overlay the parking lot at its current location. REQUEST TO WAIVE FEES - SMITHSBURG ATHLETIC BOOSTER CLUB Motion made by Commissioner Iseminger, seconded by Wivell, to approve the request made by the Smithsburg Athletic Booster Club to waive the sewer  service connection fees and to pay the $2,750 fee from the Commissioners Contingency fund. Unanimously approved. FINAL CHANGE ORDER - TAXIWAY REHABILITATION Motion made by Commissioner Schnebly, seconded by Swartz, to approve the  Countys five percent portion of the final change order in the amount of $96,474.74 for the rehabilitation of Taxiway Charlie and Taxiway Foxtrot at the Hagerstown Regional Airport. Unanimously approved.  ADDITIONAL ALLOCATION - COMMUNITY ACTION COUNCILS EMERGENCY SERVICES PROGRAM Motion made by Commissioner Iseminger, seconded by Swartz, to allocate $25,000 to the Community Action Council for the Emergency Services Program  with funds to be taken from Commissioners contingency fund, conditioned upon receiving a report on how the funds will be used. Unanimously approved. APPOINTMENTS - AREA AGENCY ON AGING ADVISORY COUNCIL Motion made by Commissioner Swartz, seconded by Schnebly, to appoint Ruth Monroe, Donald Zilch, and John Kenney to the Area Agency on Aging Advisory Council for three-year terms. Unanimously approved. APPOINTMENT - BOARD OF SOCIAL SERVICES Motion made by Commissioner Swartz, seconded by Iseminger, to appoint Richard Schukraft to fill the unexpired term of Michael Field on the Board of Social Services that extends to June 30, 2001. Unanimously approved. AMENDMENT OF OCTOBER 5, 1999 MINUTES - GRANT REQUEST BY ASSOCIATION FOR RETARDED CITIZENS Motion made by Commissioner Swartz, seconded by Schnebly, to amend the  minutes of October 5, 1999 regarding the Grant Request - Association for  Retarded Citizens to change the motion to read that the grant funds will be  taken from the Commissioners contingency fund and the loan funds from the FY 1999 cash reserves. Unanimously approved.  APPROVAL TO CREATE TWO PART-TIME ASSISTANT STATES ATTORNEY POSITIONS Motion made by Commissioner Schnebly, seconded by Swartz, to approve the  request made by the States Attorney to eliminate one full-time Assistant  States Attorney II position and to create two part-time Assistant States Attorney I positions. Unanimously approved. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Iseminger, to adjourn at 8:20 p.m. Unanimously approved. NOVEMBER 30, 1999 PAGE SIX County Administrator County Attorney , Clerk