Loading...
HomeMy WebLinkAbout881220 December 20, l988 Hagerstown, Maryland 2l740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Linda C. Irvin and Commissioners R. Lee Downey, Richard E. Roulette 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. BOARD/COMMISSION REPORTS Commissioner Irvin reported on the Transportation Commission meeting and the Airport Commission meeting; Commissioner Roulette reported on the Tourism Advisory Commission meeting; Commissioner Downey gave a report on the Tri-County Council meeting; Commissioner Snook reported that the base coat has been placed on Doubs Woods Park Road; and Commissioner Bowers reported that he had received many complaints regarding the water and sewer billings in the Halfway area and that Lynn Palmer, Director of the Sanitary District, will be holding informational meetings in January to explain the new formula used in the billing. CONDITIONAL ROAD ACCEPTANCES Motion made by Commissioner Downey, seconded by Roulette to conditionally accept ll00'+/- of Betty's Avenue located in Roxbury Hill Section l with a maintenance bond of $5500, an additional 560'+/- in Cool Hollow Terrace and 780'+/- of Cool Hollow Way in Cool Hollow Estates with a maintenance bond of $6,700 for a one-year period into the County roads system. Unanimously approved. APPROVAL OF MINUTES - DECEMBER 6, l988 Motion made by Commissioner Downey, seconded by Irvin to approve the minutes of December 6, l988 as submitted. Unanimously approved. REZONING CASES RZ-403 - 4l2 After due consideration of the matters and facts adduced in the joint public hearing held with the Planning Commission held on November l4, l988, the following decisions regarding rezoning cases were rendered. TEXT AMENDMENT RZ-4l2 The Planning Commission voted to approve this text amendment with conditions regarding mobile home subdivisions and parks in an Agriculture district. Motion made by Commissioner Roulette, seconded by Snook to APPROVE Text Amendment RZ-4l2 to the Washington County Zoning Ordinance as advertised and as recommended by the Planning Commission with the exception that any mobile home subdivision and/or park that has an approved concept plan and has commenced construction on a phase be grandfathered from the amendment. Motion carried with Commissioners Bowers, Irvin, Roulette and Snook voting "AYE" and Commissioner Downey "ABSTAINING". RZ-409, 4l0, 4ll and SUBDIVISION ORDINANCE S-5 The Planning Commission has recommended denial of RZ-409 which would rezone the property of and surrounding the Antietam Battlefield from Agriculuture to Conservation but has voted to recommend the adoption of rezoning cases RZ-4l0 and 4ll and Subdivision Ordinance S-5 that the County actively pursue fee simple and scenic easement acquisitions and promote the Agricultural Preservation Program in the Antietam Battlefield area. In addition, the Planning Commission, as part of its recommendation, feels that the amendments should not become effective until the State and County come to a formal agreement on the development and purpose of the Forestry Management Plan and are requesting review of the formal agreement prior to implementation of RZ-4l0-4ll and S-5. These amendments will create an Antietam Overlay Zone text and establish the "AO" District on the zoning maps. The Subdivision Ordinance amendment provides similar review authority to the Planning Commission. Motion made by Commissioner Roulette, seconded by Irvin to TABLE any action on rezoning cases RZ-409, 4l0 and 4ll and Subdivision Ordinance S-5 until such time as the Maryland Department of Natural Resources, Forest, Park & Wildlife Service, has reached formal approval with the County regarding the Forestry Management Plan and its administration. Unanimously approved. Commissioner Irvin noted that Delegate Poole would like to interface with the Commissioners as they meet regarding the Forestry Management Plan. DECEMBER 20, l988 MINUTES, CONT'D. RZ-403 The applicants for this case are Timothy Battaglia and Christopher Carlyle to rezone 26 acres of property fronting on and east of Bower Avenue south of Ontario Drive from the existing 'A' - Agriculture to 'RU' - Residential Urban. The Planning Commission recommends approval with access roads to come before the County Engineer and Transportation Advisory Committee for review. Motion made by Commissioner Roulette, seconded by Snook that after reviewing the testimony from the public hearing held on November l4, the additional testimony submitted in writing after that hearing and consideration of the findings of fact established by the Washington County Planning Commission with regard to population change, availability of public facilities, present and future transportation patterns, relationship of proposed change to the Adopted Plan of the County, its compatibility with the Urban Growth Area and the demonstration by the findings of fact that a mistake was made in the original zoning to adopt these findings of fact as the County Commissioners' findings of fact. Unanimously approved. Motion made by Commissioner Roulette, seconded by Irvin, after reviewing and adopting the findings of fact in the prescribed categories, to APPROVE Rezoning Case RZ-403 as recommended by the Planning Commission. Motion made by Commissioner Snook, seconded by Downey to amend the Main Motion by adding a condition to the rezoning that the road entrance be constructed as shown on the site plan to Bower Avenue. Unanimously approved. The Question was called on the Main Motion as amended. Unanimously approved. RZ-404 The Applicant for RZ-404 is Robin Folmer to rezone 73.375 acres located northwest of Robinwood Drive, approximately .5 miles north of its intersection with Mt. Aetna Road from 'RS' - Residential Suburban to 'RM' - Residential Multifamily. Motion made by Commissioner Downey, seconded by Roulette to formally adopt the Planning Commission's recommendations and staff recommendations as follows: l) Analysis of population changes in the area, the availability of public facilities, present and future transportation patterns, compatibility with the existing and proposed development in the area and the relationship of the proposed change to the adopted plan for the County indicated that there has been no substantial change in the character of the neighborhood; 2) the applicant has failed to meet his burden of proof by not defining the neighborhood, describing its pre or post change character or indicating what factors caused such a change; 3) the applicant did notpropose nor was any evidence found to support a contention that a mistake in the original zoning was made; 4) there was no convincing demonstration that the RM zone is more appropriate and logical than the current Residential Suburban designation as the findings of fact of the Board of County Commissioners. Unanimously approved. Motion made by Commissioner Downey, seconded by Irvin to DENY rezoning case RZ-404 as recommended by the Planning Commission. Unanimously approved. RZ-405 Applicant - Edward Baker to rezone 6.5 acres located in the southeast quadrant of the intersection of MacFee Hill Road and Military Road from the existing 'C' - Conservation to 'BG' - Business General. The Planning Commission has recommended that the request be denied. After review of the testimony presented at the public hearing held on November l4, l988, a MOTION was made by Commissioner Roulette, seconded by Irvin to adopt the findings of fact as recommended by the Planning Commission as the findings of fact of the Board of County Commissioners. Unanimously approved. Motion made by Commissioner Roulette, seconded by Irvin to DENY rezoning application RZ-405 based on the findings of fact and the recommendation of the Planning Commission. Unanimously approved. RZ-406 The applicant for rezoning case RZ-406 is Lester Barnes to rezone 4.03 acres located between Antietam Drive and Eastern Boulevard from the existing 'RS' - Residential Suburban to 'BG' - Business General. The Planning Commission has recommended denial. DECEMBER 20, l988 MINUTES, CONT'D. Motion made by Commissioner Roulette, seconded by Snook to TABLE rezoning case RZ- 406 until the County Commissioners are able to make a site visit. Unanimously approved. RZ-408 The applicants for RZ-408 are J. Douglas and Patricia Ford to rezone 24,829 square feet, located on the north side of MD Rt. 64 and Lorraine Drive from the existing 'RS' - Residential Suburban to 'BT' - Business Transitional. The Planning Commission has recommended approval. Motion made by Commissioner Roulette, seconded by Irvin, after reviewing the Staff report and the findings of fact adopted by the Planning Commission with regard to population change in the area, availability of public facilities, the fact that the proposed change is compatible to the Adopted Plan for the County, the proposed change is compatible with existing development in the area and the demonstration that the change is both logical and consistent with the County's intent and the substantiation that there was a mistake in the original zoning, to Adopt the Washington County Planning Commission's findings of fact as the findings of fact of the County Commissioners. Unanimously approved. Motion made by Commissioner Roulette, seconded by Snook to APPROVE rezoning case RZ-408 having adopted the findings of fact of the Planning Commission as the findings of fact of the County Commissioners and having reviewed the testimony offered at the November l4, l988 public hearing based on a mistake in the original zoning. Unanimously approved. YOUTH OF THE MONTH AWARDS Natalie Stouffer from Clear Spring Middle School was awarded the Youth of the Month Award for September l988, Carrie Willson from North Hagerstown High School for October l988 and Mark Bragunier from Clear Spring Middle School for November l988 as recommended by the Children's Council for their work in school, community and church. JOINT PUBLIC HEARING - WATER & SEWER PLAN AMENDMENT The Meeting was convened in Public Hearing at l0:25 a.m. with the Planning Commission to hear proposed amendments to the Water & Sewer Plan. Presiding at the Hearing was Jack Byers, Chairman of the Planning Commission. Planning Commission members present were Donald Zombro, Bert Iseminger and Ray Johns. Stephen Goodrich, Senior Planner, reviewed the three applications for amendment to the Water & Sewer Plan: l) WS-88-l is a request from the Washington County Sanitary Commission to establish three new sewage treatment plants in Washington County and their related service areas - the Conococheague Water Treatment Plant to be located in the 70/8l Industrial Park at the intersection of MD Route 63 and Elliott Parkway, the request to establish a sewage treatment plant facilities for the 40/70 corridor in response to a development proposal for the I-70 auto mall located in the southeast corner of I-70 and Route 40 and the request for the creation of a water and sewage service area in the Pen Mar area located in the northeast corner of Washington County. 2) WS-88-2 - the Jefferson Cheese Company would like to establish a washwater treatment plant on its property north of the Town of Hancock which will be used to treat washwater or that which is used to wash down the process area of the plant. 3) WS-88-3 - an amendment to change service priority designations of W-7 and S-7 to W-3 and S-3 on a 90-acre property proposed for development as Maugans Meadows made by the developer, Rick Willis, adjacent to an area that has existing water and sewer service. Mr. Byers opened the meeting for comments on WS-88-l. Lynn Palmer, Executive Director of the Sanitary District, stated that the Sanitary Commission fully supports the amendments. Donald Campbell presented a petition opposing the creating of a water and sewer district in the Pen Mar area. Bruce DiStefano, representing Jefferson Cheese Company, commented in favor of WS- 88-2. There were no comments for nor against WS-88-3 and the hearing was concluded at l0:45 a.m. UPDATE ON CONOCOCHEAGUE WASTEWATER TREATMENT PLANT Lynn Palmer, Executive Director, and Louise Fahrney, Chairperson of the Washington County Sanitary Commission, appeared before the Commissioners to give them an update on the Conococheague Wastewater Treatment Plant. Jack Burrey, architect for the administation building, stated that he is on schdedule and presented plans of the building. DECEMBER 20, l988 MINUTES, CONT'D. Mack Davis of Davis, Renn & Shrader, gave a brief overview of the collection system and stated that the preliminary design and cost estimates will be completed in January. Paul Deats, Mike Shober and Dave Cunningham of Buchart-Horn gave a brief history of the project and reported on the domestic and industrial portions of the project. Lynn Palmer also reported on estimated costs for the project: Wastewater Treatment Plant - $l6,659,400; Industrial Treatment Plant - $5,l04,000; Collection System and Interceptors - $4,663,900; and Administration Building - $454,500 for a total of $26,88l,800. Mr. Palmer stated that they will be seeking grants for the projects and may possibly use Sanitary Commission bonds. Motion made by Commissioner Snook, seconded by Roulette to formally instruct the Sanitary Commission to proceed with Buchart-Horn on the design of the industrial plant portion of the Conococheague Wastewater Treatment Plant. Unanimously approved. MANOR CHURCH ROAD Carol Gerson and Julie Flaherty appeared before the Commissioners and presented a petition protesting the widening of Manor Church Road and requesting that the Commissioners take the following steps with future widenings: l) building no roadway exceeding l6' wide and 2) see that roadway preserves the rural character of Manor Church Road including historical and architectural qualities as well as scenic characteristics such as trees and hedgerows. Commissioner Roulette explained that he feels that widening to l6' is workable but some trees may still have to be cut. AIRPORT TERMINAL FINALIZATION Ron Meyers, Chairman of the Airport Commission, and Leigh Sprowls, Airport Manager, met with the Commissioners to discuss finalizing terminals plans. The Commissioners gave their approval to proceed with putting bid packages together and advertising for bids. MEDIA POLICY Due to problems which arose at a recent hearing involving a County-appointed board, Commissioner Roulette stated that he felt that the County should have a policy dealing with this subject. The County Attorney stated that public hearings are open to the press and may record the proceeding as they see fit as long as it does not seriously impair the hearing process but deliberations or determinations of the case may be private. Motion made by Commissioner Roulette, seconded by Snook to enact as part of the County policy that all public hearings held by County boards, commissions or agencies shall be open to the media; photography or recording by other mechanical means by the media is permitted providing such coverage does not seriously impair the public hearing process. Unanimously approved. DATA PROCESSING COMMITTEE REPORT Jim Young, Ron Whitt, and Paul Durrett (representing Unisys) members of the Data Processing Committee appeared before the Commissioners to present the report prepared by the Data Processing Committee. The report recommended hiring additional staff for FY l988-89 and indicates that there is a need for computer training. The Commissioners agreed to accelerate the first year program and providing training programs and hiring of additional staff. WATER/SEWER PLAN AMENDMENTS Motion made by Commissioner Snook, seconded by Downey to accept the recommendation of the Planning Commission and APPROVE amendments to the Washington County Water & Sewer Plan known as WS-88-l, WS-88-2 and WS-88-3. Unanimously approved. PLUMBING CODE AMENDMENTS Motion made by Commissioner Irvin, seconded by Snook to adopt the amendments to the Plumbing Code as presented at the Public Hearing held on November l5, l988, with the exception of testing homeowners prior to their obtaining a permit to perform their own plumbing. Unanimously approved. MAINTENANCE BUILDING - DOUBS WOODS PARKS The Parks Department has requested permission to proceed with construction of a new maintenance building since they have enough money in their budget to perform the work. The Commissioners agreed to have the Parks Department proceed with the Maintenance Building at Doubs Woods Park. DECEMBER 20, l988 MINUTES, CONT'D. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Irvin, seconded by Roulette to convene in Executive Session at 2:20 p.m. in regard to personnel, property and potential litigation in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. At this time President Bowers was excused from the Meeting and Vice-President Irvin assumed the Chair. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Downey to reconvene in Regular Session at 3:35 p.m. Unanimously approved. EMPLOY ADMINISTRATIVE SECRETARY - COUNTY ATTORNEY Motion made by Commissioner Roulette, seconded by Downey to employ Vicki Grimm as Administrative Secretary for the County Attorney at the level of Grade 5, Step D, effective January 3, l988. Unanimously approved EMPLOY DESIGNER/DRAFTER - ENGINEERING kMotion made by Commissioner Downey, seconded by Snook to employ Kimberly Rogers as Designer/Drafter in the Engineering Department at the level of Grade 6, Step D to fill an existing vacancy. Unanimously approved. EMPLOY MAINTENANCE ASSISTANT/BUS OPERATOR - COUNTY COMMUTER Motion made by Commissioner Roulette, seconded by Snook to employ David Maurice as a Fulltime Maintenance Assistant/Bus Operator at the County Commuter to fill an existing vacancy. Unanimously approved. EMPLOY PART-TIME BUS OPERATORS Motion made by Commissioner Downey, seconded by Roulette to employ Rodney Price, David Brissee and Debra Wright as Part-Time Bus Operators at the County Commuter to fill existing vacancies. Unanimously approved. TRANSFER AIRPORT LEASE - NEWMAN HANGAR Motion made by Commissioner Snook, seconded by Roulette to approve the Airport Commission's recommendation to transfer assignment of the lease for hangar rental from Newman to Tri-State Electric. Unanimously approved. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Snook to adjourn at 3:40 p.m. Unanimously approved. County Attorney , Clerk , Clerk