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HomeMy WebLinkAbout940201 February 1, 1994 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Richard E. Roulette, with the following members present: Vice President Ronald L. Bowers, and Commissioners Linda C. Irvin-Craig, John S. Shank, and Gregory I. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full assemblage. EMPLOYEE ORIENTATION MEETING Alan Davis, Director of Personnel, introduced the new County employees participating in the orientation session. Commissioner Roulette welcomed the new employees on behalf of the Commissioners. RZ-93-14 - MCRAND/HUYETTS LIMITED PARTNERSHIP Motion made by Commissioner Snook, seconded by Shank, to accept the definition of neighborhood, the following Findings of Fact presented by the County Attorney together with the Report and Recommendation of the Planning Commission for RZ-93-14, pursuant to Section 27.3 of the Zoning Ordinance of Washington County. Unanimously approved. (a) Definition of the neighborhood. The neighborhood for the purposes of the above rezoning extends one mile east and one mile west on Maryland Route 40 and one mile north and one mile south on Maryland Route 63. (b) The report and recommendations of the Planning and Zoning Commission. The Washington County Planning Commission took action at a special meeting held on Monday, January 24, 1994, to recommend approval of the map amendment RZ-93- 14. The Commission's decision was rendered upon due consideration of testimony given at the public hearing held on November 8, 1993, any correspondence received in lieu of public testimony during the 10 day period following the public hearing and staff reports dated October 18, 1993 and December 1, 1993. The Planning Commission accepted the staff's findings of fact as the Commission's findings of fact pursuant to Section 27.3 of the Washington County Zoning Ordinance. The recommendation was based on the Commission's opinion that the applicant substantiated that a mistake in the original zoning of the property had occurred. (c) Population change in the area of the proposed change. The proposed rezoning is located in Election District 23, and the population in this district has increased 35% between 1970 and 1990. (d) Availability of public facilities in the area. The Washington County Water and Sewerage Plan designates the front of the 5.73 acre parcel as having a water service priority designation of W-1 indicating existing service. The remainder of the said parcel and the 3.36 acre parcel is designated W-5, meaning a 5 to 10 year priority. The entire site has a sewer service designation of S-5, meaning a 5 to 10 year priority. There is existing water service to the site, and a sewer allocation is available in accordance with the Sanitary District's rules, policies, and regulations. The subject site is currently served by a private septic system. A hook up to public sewer would require an extension of the existing line from Highland Manor, located .4 Miles south of the site along Maryland Route 63. Fire protection and emergency medical service is provided to the site by the Town of Williamsport's fire department and ambulance service. The subject property is served by the County Commuter which makes two round trips to Hancock via Maryland Route 40 on Fridays. The subject site is within the school districts of Conococheague Elementary School, Clear Spring Middle School, and Clear Spring High School. All three schools have excess capacity at this time. The subject rezoning should have no impact on school capacity. (e) Present and future transportation patterns in the area. The subject site has 310 feet of road frontage on Maryland Route 40 and approximately 945 feet of frontage on Maryland Route 63. The Washington County Highway Plan classifies Maryland Route 40 and Maryland Route 63 as minor arterial and major collector roads respectively. The minimum requirements for future access spacing on a minor arterial is 500 feet and 300 feet on a major collector. The state highway administration traffic volume maps indicate that there was a 9,675 A.D.T. recorded at this intersection in 1990. The State Highway Administration map also indicated a 3,775 A.D.T. for Maryland Route 63. The intersection is considered a very busy intersection and any development within FEBRUARY 1, 1994 MINUTES, CONT'D. this area must be adequately reviewed. The proposed change from conservation to agriculture may ultimately increase the density/intensity of the development on these parcels and have a greater impact on the intersection. The state highway administration indicates that it has no objection to the proposed rezoning. (f) Compatibility with existing and proposed development in the area including indication of neighboring sites identified by the Washington County Historic Sites Survey and subsequent revisions or updates. The subject acreage requested for rezoning is currently classified conservation. To the west and adjacent to the site are several parcels with various land uses which include: a grange hall, a Mennonite school and several single-family dwellings. To the south and across Maryland Route 63 are numerous properties with single-family residences zoned agricultural. Located southeast and across Huyett's Crossroads are several single family homes, a liquor store, and beauty salon, all of which are zoned agriculture. To the east and across Maryland Route 63 are additional single-family residences and a 101 acre farm owned by Dorothy Rhoton, zoned agriculture. Immediately north of RZ-93-14 is an 82 acre parcel owned by Harry Powers recently reclassified from conservation to agriculture in RZ-91-12 in August, 1991. The Powers property is currently farmed. To the east of the subject site and across Maryland Route 63 are additional single-family residences with zoning classifications of agriculture. A change in the property zoning classification from conservation to agriculture does not appear to be incompatible with these properties. (g) The relationship of the proposed change to the adopted plan for the county, development analysis plan map and policies. The subject property is located within the adopted urban growth area where public facilities are or may be available and are locations where urban type development will be encouraged. Growth areas are planned to include enough land for meeting development needs over the next twenty years, and the extension of sewer, water, and transportation systems should be programmed over that period for these areas. The proposed rezoning is compatible with the surrounding neighborhood and the adopted plan for the county, a development analysis plan map, and policies regarding the urban growth areas. (h) Whether there was a mistake in the existing zoning classification. Yes. At the time the property was zoned Conservation in 1973, the primary concern was protection of the Conococheague Creek. Property abutting the creek owned by Harry L. Powers, III in RZ-91-12 was rezoned from Conservation to Agriculture upon a showing that the creek could not be accessed from the property because of extreme topography. The subject parcels in RZ-93-14 are two small parcels lying between RZ-91-12 and Huyetts Crossroads. These subject parcels do not abut the Conococheague Creek, and the same rationale used in the rezoning of RZ-91-12 applies to this case. The particular parcels subject to rezoning in RZ-93-14 are not visible from the creek, nor do they drain to the creek. These properties are both small, do not abut the Conococheague Creek, and are incapable of protecting or assisting in the protection of other properties through conservation zoning. Motion made by Commissioner Snook, seconded by Bowers, based upon the report and recommendations of the Planning Commission, the definition of neighborhood, and the findings of fact, that there has been a mistake in the existing zoning classification. Unanimously approved. Motion made by Commissioner Shank, seconded by Bowers, that based on the approved Findings of Fact as presented, the report and recommendations of the Planning Commission, the definition of the neighborhood, and the fact that there has been a mistake in the existing zoning, that there has been a convincing demonstration that the requested rezoning would be appropriate and logical for the subject property. Unanimously approved. Motion made by Commissioner Snook, seconded by Bowers, that, based on the previous Motions for RZ-93-14, the subject property be rezoned from "C" Conservation to "A" Agriculture. Unanimously approved. TEXT AMENDMENT RZ-93-12 Motion made by Commissioner Snook, seconded by Bowers, to adopt Text Amendment RZ-93-12, as amended, to allow senior assisted group homes in the "C" Conservation zoning as a Special Exception if they meet all necessary approvals. Unanimously approved. FEBRUARY 1, 1994 MINUTES, CONT'D. SEMPLES RUN DRAINAGE PROJECT Terry McGee, County Engineer, and Gary Rohrer, Chief, Division of Public Works, met with the Commissioners to discuss the Semples Run drainage project. Mr. McGee outlined the two alternatives and stated that Alternate A is estimated to cost $1.1 million and Alternate B, $800,000. He stated that they found a great deal of rock with the original design and are considering coming down Miner Avenue using a pumping system. Mr. McGee reviewed the funding budgeted for the project in Fiscal Years 1994 and 1995 and stated that there is still a $172,000 shortfall. After discussion on the funding, Commissioner Roulette asked Mr. McGee to see if the State would be willing to participate in this project. PUBLIC HEARING - PLUMBING CODE AMENDMENTS AND ORDINANCE FOR LICENSING SEPTIC TANK INSTALLERS The Commissioners convened the public hearing at 10:29 a.m. regarding proposed amendments to the Plumbing Ordinance. Ralph France, County Attorney, explained that the Ordinance would amend Sections 308.3, Section P-1503.12.3 and Section 12-301 and briefly reviewed each of the amendments. Jack Byers, representing the Homebuilders' Association, spoke in favor of the amendments but requested that the bonding requirements be deleted from the Septic Tank Installers License since he feels the certificate of insurance required is adequate assurance. No one who wished to speak in opposition to the amendments. Motion made by Commissioner Shank, seconded by Bowers, to adopt the Ordinance to Amend Certain Provisions of the 1990 BOCA National Plumbing Code Local Amendments and the Ordinance to Provide for Licensure of Septic Tank Installers, as amended. Unanimously approved. SANITARY COMMISSION PROJECT - ELK RIDGE WATER SYSTEM AND MT. AETNA WATER SYSTEM -FUNDING REQUEST Paul Waggoner, Chairman of the Sanitary Commission, and Lynn Palmer, Executive Director, met with the Commissioners regarding problems they are experiencing with 2 water systems in the County. Mr. Palmer stated that the well used for the Elk Ridge Water system is failing and silting in. He stated that they are only getting 6-8 gallons per minute for the 28 homes on the system and asked the Commissioners for a $15,000 grant to allow them to drill an emergency well on the site now. He indicated that this would qualify as a local matching contribution toward a CDBG grant they are applying for from the State to correct the situation. Motion made by Commissioner Snook, seconded by Irvin-Craig, to approve a grant not to exceed $15,000 from the Fund Balance for the Elk Ridge Water System to allow the Sanitary District to drill an emergency well. Unanimously approved. Mr. Palmer informed the Commissioners that the springs which feed the Mt. Aetna Water System are not producing the amount of water necessary for the system and pumping from the stream will not be permitted under the new Safe Drinking Water Act. He asked the Commissioners for a $30,000 loan, which will be repaid at such time as State grant funds are received, to allow the Sanitary District to immediately drill a well on donated land. Motion made by Commissioner Bowers, seconded by Irvin-Craig, to approve a no- interest loan in an amount up to $30,000 to the Sanitary District to be repaid in 5 years' time for installation of a new well for the Mt. Aetna Water System, with funds to be taken from the Fund Balance. Unanimously approved. CITIZEN PARTICIPATION Susan Smith expressed her concerns regarding privatization of recycling and State regulation and monitoring of tonnage at Clear Rock Industries. Donald Allensworth spoke to the Commissioners regarding economic development issues, citizens involved in economic development and zoning, and litigation in that area. BOND SALE - PUBLIC IMPROVEMENT BONDS OF 1994 Motion made by Commissioner Bowers, seconded by Irvin-Craig, to accept the low proposal of Wheat First, Inc., at 4.8731% for the sale of the 1994 Public Improvement Bonds. Unanimously approved. TEXT AMENDMENT RZ-93-13 - ANIMAL HUSBANDRY After discussion of Text Amendment RZ-93-13 regarding Animal Husbandry, the Commissioners decided to review this amendment further before acting on it and asked that representatives of the Soil Conservation Service and Extension Service be present to answer questions when they review the amendment again. FEBRUARY 1, 1994 MINUTES, CONT'D. APPROVAL OF MINUTES - JANUARY 24, 1994 Motion made by Commissioner Irvin-Craig, seconded by Snook, to approve the minutes of January 24, 1994, as submitted. Unanimously approved. RESOLUTION - DESIGNATED UNITS FOR COLLECTIVE BARGAINING Motion made by Commissioner Bowers, seconded by Irvin-Craig, to adopt a Resolution to designate the following County departments as separate units for Collective Bargaining purposes: Parks Division of the Recreation & Parks Department, the Transportation Department, the Roads Department, and the Landfill. Unanimously approved. RECESS - LUNCH The Commissioners recessed at 12:17 p.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at 1:13 p.m. by the President, Richard E. Roulette, with the following members present: Vice President Ronald L. Bowers, and Commissioners Linda C. Irvin-Craig, John S. Shank, and Gregory I. Snook. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Irvin-Craig, seconded by Snook, to convene in Executive Session at 1:20 p.m. with regard to personnel and property matters, to confer with the County Attorney to obtain legal advice, and to consider businesses relocating in Washington County, in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. Commissioner Bowers was excused from the Meeting at 2:45 p.m. RECONVENE IN REGULAR SESSION Motion made by Commissioner Snook, seconded by Shank, to reconvene in Regular Session at 3:55 p.m. Unanimously approved. In Closed Session, the Commissioners discussed two personnel matters, one matter involving economic development regarding a company coming to Washington County, Maryland, and ten matters with counsel. The matters discussed with the County Attorney involved three matters involving leases, two items of litigation, one item involving proposed legislation, one item regarding the issuance of County bonds, and one matter involving access to public property. The County Attorney also discussed with the Commissioners the proposed Rails to Trails program and the status of negotiations for leasing certain property for the County. EMPLOY MAINTENANCE TECHNICIAN - HOUSING & COMMUNITY DEVELOPMENT Motion made by Commissioner Snook, seconded by Irvin-Craig, to employ Howard Banks as Maintenance Technician in the Housing & Community Development office to fill an existing vacancy with the condition that he relocate to Washington County within a 6 month period. Unanimously approved. LEASE RENEWAL - CONVENTION & VISITORS BUREAU Motion made by Commissioner Snook, seconded by Irvin-Craig, to approve the lease renewal for the Convention & Visitors Bureau office on Dual Highway for a one year period for the first floor and a six month lease for the 2nd floor of the building, to begin on November 1, 1993. Unanimously approved. ADJOURNMENT Motion made by Commissioner Snook, seconded by Irvin-Craig, to adjourn at 3:57 p.m. Unanimously approved. County Attorney Clerk