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HomeMy WebLinkAbout870714 July l4, l987 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, Linda C. Irvin and Martin L. 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. EMERGENCY PLANNING COMMITTEE - APPOINTMENTS Motion made by Commissioner Snook, seconded by Downey to appoint Steve Hood, Hancock Rescue Services, and Gregory Socks, Maugansville Goodwill Fire Company to the Emergency Planning Committee. Unanimously approved. BOARD/COMMISSION REPORTS Commissioner Downey reported on the Fire & Rescue Advisory Board meeting, Commissioners Irvin and Snook reported on the Airport Commission meeting, and Commissioner Roulette reported on the Tourism Advisory Commission meeting and the Planning Commission meeting. Unanimously approved. ADDITIONAL APPROPRIATION - OVERLAY AT REGIONAL AIRPORT Motion made by Commissioner Irvin, seconded by Snook to appropriate up to $44,500 from the Capital Contingency fund for additional overlay work at the Washington County Regional Airport. Unanimously approved. APPROVAL OF MINUTES - JUNE 23 and JUNE 30, 1987 Motion made by Commissioner Downey, seconded by Irvin to approve the minutes of the meetings of June 23 and June 30, l987, as submitted. Unanimously approved. REQUEST FOR IMPROVEMENT - BROWN ROAD Motion made by Commissioner Downey, seconded by Roulette to accept the recommendation of the Planning Commission and deny the request made for the County to participate financially in the improvement of Brown Road since the improvements would only benefit the developer. Unanimously approved. BLOCK GRANT AGREEMENT - TOWN OF FUNKSTOWN Motion made by Commissioner Snook, seconded by Roulette to authorize Ronald L. Bowers, as President of the Board of County Commissioners, to execute the agreement on behalf of the County with the Town of Funkstown for administration of the Community Development Block Grant to be used for implementation of a Town project. Unanimously approved. PROPERTY USE AGREEMENT - OLD LANDFILL Motion made by Commissioner Irvin, seconded by Snook to allow C. William Hetzer, Contractor for the Martins Crossroad Water Project, to temporarily set up a field office at the old landfill site and store equipment at the site while working on the Martins Crossroads project. Unanimously approved. REQUEST FOR SPRAYER - WEED CONTROL PROGRAM Motion made by Commissioner Roulette, seconded by Snook to appropriate the County share of $l750 toward the purchase of a high cycle sprayer for the Weed Control Program to be taken from the Commissioners Contingency Fund, with the remainder to paid for with funding from the Department of Agriculture. Unanimously approved. AIRPORT ACCESS ROAD - RECOMMENDATION TO EXTEND WORKING DAYS ALLOWED Motion made by Commissioner Downey, seconded by Irvin to accept the recommendation of the County Engineer to extend the working days allocated on the Airport Access Road Project to 60 days. Motion denied with Commissioners Roulette, Snook and Bowers voting "NO" and Commissioner Downey and Irvin voting "AYE". LIQUIDATED DAMAGES - AIRPORT ACCESS ROAD PROJECT Motion made by Commissioner Snook, seconded by Roulette to assess a penalty of $l00 per day in liquidated damages to E. F. Goetz, Inc., for the 47 days in excess of the contract allocation for the Airport Access Road Project. Motion carried with Commissioners Bowers, Roulette, and Snook voting "AYE" and Commissioners Downey and Irvin voting "NO". SEPTIC SYSTEM/BUILDING SEWER INSPECTION Motion made by Commissioner Snook, seconded by Roulette to request that the Plumbing Board return to their previous procedure regarding the inspection of septic systems, whereby the County Inspector would check the septic line to within five feet outside the house and the Washington County Health Department would inspect the remaining portion of line. Unanimously approved. JULY 14, l987 MINUTES, CONT'D. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Irvin to convene in Executive Session at ll:00 a.m. in regard to property matters in accordance with Section l0.508 of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Irvin to reconvene in Regular Session at ll:l5 a.m. Unanimously approved. REZONING CASES - RZ-357 - RZ-365 After due consideration of the matters and facts adduced at the Joint Hearing held with the Planning Commission on June 8, l987, the comments submitted in writing within the ten (l0) day period following said hearing and recommendations made by the Planning Commission and staff, the following decisions were rendered: RZ-357 Motion made by Commissioner Downey, seconded by Roulette to DENY the application of R. Martin Palmer, Jr., for the reclassification of land located on the northwest side of Leitersburg Pike (MD Route 60) approximately .2 miles southwest of its intersection with Long Meadow Church Road from "HP-BL" - Historic Preservation - Business Local to "HP-A" - Historic Preservation - Agriculture, based on a review of the file, testimony and exhibits presented at the June 8, l987 hearing, the recommendations of the Planning Commission and staff and to adopt the findings of fact of the Planning Commission as the Findings of Fact of this Board since no evidence was presented to support that there had been a mistake in the original zoning or change in the character of the neighborhood. Unanimously approved. RZ-360 Motion made by Commissioner Snook, seconded by Roulette to APPROVE the application of the Board of County Commissioners for the reclassification of land located l000 ft. +/- south of Maryland Route l44, 750 ft. east of Hump Road from "A" - Agriculture to "IG" - Industrial General due to the fact that a mistake had occurred in the original zoning since no substantial difference exists between physical aspects of property on each side of the old property line which would effect subsequent land use and, therefore, does not support two different zoning categories and since the location and soil types do not make agricultural use likely, the land is logically suited to the IG category and to adopt the findings of fact of the Planning Commission as the findings of fact of this Board Unanimously approved. RZ-36l Rezoning Case RZ-36l, which was submitted by Kenneth Ritter, was withdrawn. RZ-362 Motion made by Commissioner Roulette, seconded by Snook to APPROVE the application of David Collins to reclassify his land, located at l075 Jefferson Boulevard, from "RU" - Residential Urban to "BL" - Business Local due to the fact that a substantial change in the character of the neighborhood has occured resulting from the construction of Eastern Boulevard, as shown in testimony presented at the public hearing held on June 8, l987, and to adopt the findings of fact of the Planning Commission as the findings of fact of this Board. Unanimously approved. RZ-364 Motion made by Commissioner Roulette, seconded by Downey to APPROVE the application for rezoning of Parcel 35l, the 32,370 square ft. portion fronting on Pennsylvania Avenue, from "A" - Agriculture to "BG" - Business General, based on the testimony presented at the public hearing and the fact that there is documented evidence that other properties contiguous to the land are zoned BG that there has been a change in the character of the neighborhood due to the installation of a public sewer system and increased development, and to adopt the findings of fact of the Planning Commission as the findings of fact of this Board. Unanimously approved. Motion made by Commissioner Roulette, seconded by Irvin to DENY the application for rezoning of Parcel 433, consisting of 28.9 acres (the rear part of the apple orchard) from "A" - Agriculture to "RS" - Residential Suburban since the applicant did not prove that there was a substantial change in the character of the neighborhood or mistake in the original zoning, and to adopt the findings of fact of the Planning Commission as the findings of fact of this Board. Motion carried with Commissioners Roulette, Bowers, Irvin and Downey voting "AYE" and Commissioner Snook voting "NO". JULY l4, l987 MINUTES, CONT'D. RZ-365 Motion made by Commissioner Roulette, seconded by Snook to TABLE any action on Text Amendment RZ-365 until the intent can be clarified. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to reconvene in Executive Session at ll:30 a.m. in regard to personnel, property and potential litigation in accordance with Section l0.508 of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Irvin to reconvene in Regular Session at l2:05 p.m. Unanimously approved. EMPLOY ASSISTANT PLUMBING INSPECTOR Motion made by Commissioner Roulette, seconded by Irvin to employ Edward Parker as Assistant Plumbing Inspector to fill an existing vacancy. Unanimously approved. EMPLOY SUMMER PLAYGROUND AIDES Motion made by Commissioner Downey, seconded by Roulette to employ Delores Twigg as an Aide at the Hancock Elementary School playground and Shane Wegley as as Aide at the Funkstown Elementary School. Unanimously approved. RECESS The Meeting was recessed at l2:05 p.m. to attend a ribbon cutting ceremony at the new Emergency Air Unit building. AFTERNOON SESSION The Afternoon Session was convened at l:05 p.m. by President Bowers with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, Linda C. Irvin and Martin L. Snook. STATUS REPORT - MCSHEA & COMPANY Timothy McShea of McShea & Company, appeared before the Commissioners to give a status report on the property owned by McShea & Company located in the Washington County Business Park. The Commissiners questioned Mr. McShea regarding his plans for the property and the timeframe for anticipated construction. Mr. McShea stated that he had placed a sign on the property and that his company had a marketing study done for the area, but that he had not received any inquiries on the property. The Commissioners expressed their interest in buying back the property from Mr. McShea if he does not plan to move forward with any specific project, since there has been interest in the site from other prospects and explained that the enterprise zone designation is intended to provide incentives for companies to locate there in order to provide more jobs. SETTLEMENT - FAIRCHILD PROPERTY The Commissioners recessed to attend settlement for property on Showalter Road to be acquired from Fairchild Republic for use as the site for a new terminal for the Washington County Regional Airport. The settlement was conducted on-site at the property which was acquired. ADJOURNMENT Motion made by Commissioner Snook, seconded by Downey to adjourn at 2:25 p.m. Unanimously approved. County Attorney , Clerk