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HomeMy WebLinkAbout930601 June 1, 1993 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 Irvin-Craig, followed by the Pledge of Allegiance to the Flag by the full assemblage. PROCLAMATION - SAFE BOATING WEEK Commissioner Roulette presented a proclamation to the President and Safety Officer of the Hagerstown Power Squadron designating the week of June 6 - 12, 1993, as Safe Boating Week in Washington County and commending the Squadron for its important and active role promoting safe boating and urging all citizens who use the waterways to acquire its skills and knowledge essential to their own safety and that of others. BOARD/COMMISSION REPORTS Commissioner Irvin-Craig reported on the Airport Commission meeting, the Criminal Justice Coalition meeting, and the Economic Development Commission meeting; Commissioner Snook reported on the United Way Budget Committee meeting; and Commissioner Shank reported on the Clear Spring FFA Banquet which he attended. FIRE & RESCUE REVOLVING LOAN FUND REQUESTS Motion made by Commissioner Shank, seconded by Bowers, to approve the request made by the Hancock Fire Company for a loan in the amount of $35,000 from the Fire & Rescue Revolving Loan Fund, as recommended by the Fire & Rescue Loan Committee, for rehab of Tanker 5. Unanimously approved. Motion made by Commissioner Snook, seconded by Bowers, to approve the request made by the Maugansville Goodwill Volunteer Fire Co., Inc., for a loan from the Fire & Rescue Revolving Loan Fund in the amount of $50,000 to assist with the financing of its building expansion project, with the agreement that the $32,000 balance of the Company's current loan be repaid. Unanimously approved. The Commissioners also reviewed and discussed the changes to the program recommended by the Fire & Rescue Loan Committee, but agreed to maintain the program as it currently exists. HOMELESS SERVICES GRANT APPLICATION - EMERGENCY TRANSITIONAL HOUSING SERVICES Motion made by Commissioner Snook, seconded by Irvin-Craig, to approve submittal of the Homeless Services Grant application in the amount of $187,583 to the Department of Human Resources for Emergency Transitional Housing Services, as presented. Unanimously approved. HISTORIC RESOURCE SURVEY - TOWN OF KEEDYSVILLE Motion made by Commissioner Shank, seconded by Irvin-Craig, to approve the request to enter into a contract with the Maryland Office of Planning for matching grant monies in the amount of $5,500 for the Historic Resource Survey for the Town of Keedysville. Unanimously approved. RENEWAL OF BID AWARD - CONTRACT SERVICES FOR TRANSFER STATIONS AND ON-SITE AT RESH LANDFILL Motion made by Commissioner Irvin-Craig, seconded by Bowers, to renew the bid award with Waste Management of Shenandoah Valley for contract services at the transfer stations and on-site at Resh Landfill, based on the low base bid in the amount of $100,359.80 with an annual fee for the Performance & Payment Bond of $514. Unanimously approved. LINE ITEM TRANSFER - ENGINEERING Motion made by Commissioner Bowers, seconded by Snook, to approve the line item transfer of $1,000 from Tuition Assistance (01-5-0164-527-010) to Travel Expense - Per Diem (01-5-0164-528-010) as requested by the Engineering Department. Unanimously approved. MARYLAND ASPHALT PAVING ASSOCIATION AWARD - CREEK ROAD Ted Wolford, Superintendent of the Roads Department, appeared before the Commissioners to present the plaques that Washington County received from the Maryland Asphalt Paving Association for resurfacing of Creek Road. Also in attendance were Dick Gearhart, inspector for the project, and Mark Plessinger of P & W Excavating. Mr. Wolford stated that the project was evaluated on surface, ride-ability, and tie-in. Commissioner Roulette congratulated the Roads Department on behalf of the Commissioners. JUNE 1, 1993 MINUTES, CONT'D. REZONING APPLICATION RZ-93-1 (106.10 ACRE PARCEL) The Commissioners discussed Rezoning Application RZ-93-1, which was composed of 2 rezoning requests and decided to consider each request separately. Motion made by Commissioner Shank, seconded by Bowers, to accept the definition of neighborhood and the proposed findings of fact (A-E), as corrected, presented by the County Attorney together with the report and recommendation of the Planning Commission for the 106.10 acre parcel requested to be rezoned from Agriculture "A" to Rural Residential "RR", pursuant to Section 27.3 of the Zoning Ordinance of Washington County. Unanimously approved. (a) The report and recommendations of the Planning and Zoning Commission. The Planning Commission recommended that the County Commissioners approve the request for rezoning of 106.10 acres from Agriculture to Rural Residential. The Planning Commission again rejected the applicants position that a mistake in the original zoning had occurred but it accepted the definition of the neighborhood as presented by the applicant as well as concurring that a change in the neighborhood had occurred. In this case, the Planning Commission did not believe that the requested change would be inappropriate for the area. The Commission's recommendations were rendered upon due consideration of testimony given at the public hearing on March 8, 1993, any correspondence received in lieu of public testimony during the 10-day period following the public hearing, and staff reports dated February 18, 1993 and March 23, 1993. The Planning Commission accepted the staff's findings of fact in the staff reports as the Commission's findings of fact pursuant to Section 27.3 of the Washington County Zoning Ordinance. (b) Definition of the Neighborhood. The neighborhood is bounded by natural and manmade boundaries. It is bordered by Interstate 70 to the south, the Conococheague Creek to the west, U.S. Route #40 to the north, and Maryland Route 63 to the east. (c) Population change in the area of the proposed change. The proposed rezoning is located in Election District 23 (Wilsons). The population in this district has increased 35% between 1970 and 1990. These years best reflect the growth that has occurred since the adoption of the Zoning Ordinance in 1973. % Change from Year Population Previous Decade 1970 2589 20.8 1980 2863 10.6 1990 3507 22.5 (d) Availability of public facilities in the area. The Washington County Water and Sewerage Plan designates the subject property as W-5 and S-5. Both of these designations indicate that there is a 5 to 10 year priority for public facilities to the subject area. Fire protection is provided to the site by the Williamsport Fire Department, and emergency medical service is provided by the Williamsport Ambulance Service. The subject property is not served by the County Commuter. The subject rezoning is within the school districts of Conococheague Elementary School, Clear Spring Middle School, and Clear Spring High School. Current enrollment and capacities of these facilities are listed below as of December 1992. IAC IPA Enrollment Capacity Capacity (December 1992) Conococheague 305 300 274 Elementary Clear Spring 590 496 376 Middle Clear Spring 626 612 435 High JUNE 1, 1993 MINUTES, CONT'D. (e) Present and future transportation patterns in the area. The subject rezoning site has approximately 2,580 feet of frontage along Walnut Point Road which is classified as local with no restrictions on new access points. Motion made by Commissioner Snook, seconded by Bowers, that the proposed rezoning of the 106.10 parcel from "A" to "RR" is compatible with the 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, as indicated in the following findings: At the present time, the subject acreage is classified Agriculture. Located to the north and west of the site is a mixture of large agricultural tracts and single family properties. This classification remains until Walnut Point Road adjoins Maryland Route #40, the National Pike. Located to the immediate east of RZ-93-1 is an undeveloped 38 acre tract owned by Applicant classified Highway Interchange. Located along the west side of Route 63 are a variety of land uses including National Cash Register, Stoys Flooring, Larry Allen Photography, BFI Waste Systems, a Mennonite School, single family houses, and other commercial uses classified Highway Interchange. As proposed, the increased density allowed the Rural Residential classification for duplex units may conflict with the large single family lots and farming areas currently in the neighborhood. The applicant has not proposed any specific uses for the HI acreage, but as indicated in the County Zoning Ordinance, various types of development are permitted in this district. A reclassification of this acreage would appear to be compatible with existing HI districts along Route 63, however, it may not be so with the proposed Residential Suburban acreage or Agricultural districts. Motion carried with Commissioners Snook, Bowers, Shank, and Roulette voting "AYE" and Commissioner Irvin-Craig voting "NO". Motion made by Commissioner Bowers, seconded by Shank, that the relationship of the proposed Rezoning of the 106.10 parcel from "A" to "RR" to the Adopted Plan for the County, Development Analysis Plan Map and Policies are consistent with one another as indicated in the findings below. Approximately 95% of the subject property of RZ-93-1 is located within the adopted Urban Growth Area established by the County's Comprehensive Plan. The Plan encourages development within the Growth Area which in turn relieves pressure on the rural parts of the county and makes the most of current investments in infrastructure. The proposed rezoning is compatible with the adopted Comprehensive Plan of the County. Motion carried with Commissioners Shank, Snook, Bowers, and Roulette voting "AYE" and Commissioner Irvin-Craig voting "NO." Motion made by Commissioner Irvin-Craig, seconded by Shank, that based upon the report and recommendation of the Planning Commission, the definition of neighborhood, and the Findings of Fact, that for the 106.10 acre parcel to be rezoned from "A" to "RR" that there has been a substantial change in the character of the neighborhood where the property is located. Unanimously approved. Motion made by Commissioner Bowers, seconded by Snook, that there has been a convincing demonstration that the proposed rezoning from "A" to "RR" for the 106.10 acre parcel would be appropriate and logical for the subject property. Motion carried with Commissioners Bowers, Snook, Shank, and Roulette voting "AYE" and Commissioner Irvin-Craig voting "NO". Motion made by Commissioner Snook, seconded by Shank, to rezone the 106.10 acre parcel from "A" Agriculture to "RR" - Rural Residential, conditioned upon there being no access points to Walnut Point Road, based on a substantial change in the character of the neighborhood. Motion carried with Commissioners Snook, Shank, Bowers, and Roulette voting "AYE" and Commissioner Irvin-Craig voting "NO". RZ-93-1 (27.16 ACRE PARCEL) Motion made by Commissioner Shank, seconded by Bowers, to TABLE any action on the Rezoning Application RZ-93-1, for the portion of the application requesting rezoning of 27.16 acres from "A" Agriculture to "HI" Highway Interchange, until the June 8, 1993, meeting. Unanimously approved. JUNE 1, 1993 MINUTES, CONT'D. FISCAL YEAR 1993-94 BUDGET - ADDITIONAL REDUCTIONS James Young, Director of Finance, and Barry Teach, County Administrator, presented recommendations to the Commissioners on additional budget reductions totaling $739,033 for their consideration. The Commissioners discussed the recommendations, the income tax revenues and the shortfall anticipated in the CIP budget for this fiscal year. The Commissioners agreed to continue discussions after Citizens Participation. CITIZENS PARTICIPATION Commissioner Roulette asked the County Attorney to read the portion of State law pertaining to the appeal of a decision made by the Sanitary Commission due to the number of citizens in attendance with regard to the extension of public sewer to the Jefferson Boulevard corridor. Joe Robeson spoke to the Commissioners in opposition to the Sanitary Commission's proposal to extend public sewer to the Jefferson Boulevard corridor and to the cost involved with hook-up to the system. Mr. Robeson asked the Commissioners to put a halt to the project. Ruth Crider stated that although her subdivision has been excluded from the proposed area for public sewer, she feels the Sanitary Commission mislead the residents when presenting the plan. Joan Jernigan spoke on behalf of her mother, who lives in the area to receive public sewer, and presented a petition in opposition to the sewer system. Robert Bowers questioned the costs involved with the proposed sewer system. Jack Grier questioned the necessity of the system and the health issue involved. INTERIM FIRE & RESCUE COMMUNICATIONS POLICY Mr. Teach informed the Commissioners that in light of the incident involving the plane crash sighting, an interim policy has been instituted in Fire & Rescue Communications whereby when any reports of this nature are filed, a journal entry will be made and notification given to the Regional FAA office, the Regional Airport tower, the Maryland State Police Barrack "O" office, and the National Transportation Safety Board Communications Center. FISCAL YEAR 1993-94 BUDGET The Commissioners continued budget deliberations. After discussion, they agreed to the reductions in the amount of $520,000. Motion made by Commissioner Snook, seconded by Shank, to approve reductions in the amount of $520,000 and to adopt the following totals for the Fiscal Year 1993-94 budget - General Fund - $79,501,300, Highway Fund - $10,385,494, and Capital Improvements Projects - $19,264,987. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Shank, seconded by Irvin-Craig, to convene in Closed Session at 12:00 noon with regard to personnel and property matters, and to confer with the County Attorney to obtain legal advice in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Irvin-Craig, seconded by Snook, to reconvene in Regular Session at 12:59 p.m. Unanimously approved. ADMINISTRATIVE SECRETARY - PARKS & RECREATION Motion made by Commissioner Shank, seconded by Snook, to promote Rachel Lantz from the State's Attorney's Office to Administrative Secretary in the Recreation & Parks Department to fill an existing vacancy. Unanimously approved. EMPLOY ACCOUNTING CLERK - HOUSING & COMMUNITY DEVELOPMENT Motion made by Commissioner Snook, seconded by Irvin-Craig, to employ Barbara Hepburn as Accounting Clerk in the Housing & Community Development Office to fill an existing vacancy. Unanimously approved. APPROVAL OF HETZER SHALE MINE AGREEMENT & HOUSING REHABILITATION SPECIALIST AGREEMENT Motion made by Commissioner Bowers, seconded by Snook, to approve the agreement with C. William Hetzer, Inc., regarding the Shale Mine, as presented by the County Attorney, and to approve the contractual agreement for Housing Rehabilitation Specialist services with Alfred V. Hobbs, as presented by the County Attorney. Unanimously approved. JUNE 1, 1993 MINUTES, CONT'D. APPROVAL OF MINUTES - MAY 24 & 25, 1993 Motion made by Commissioner Irvin-Craig, seconded by Bowers, to approve the minutes of May 24 & 25, 1993, as submitted. Unanimously approved. ADJOURNMENT Motion made by Commissioner Irvin-Craig, seconded by Snook, to adjourn at 1:02 p.m. Unanimously approved. County Attorney , Clerk