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HomeMy WebLinkAbout900522 May 22, l990 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 John S. Shank. INVOCATION AND PLEDGE OF ALLEGIANCE Rev. Allan Weatherholt delivered the invocation, followed by the Pledge of Allegiance to the Flag by the full assemblage. APRIL YOUTH OF THE MONTH AWARD Commissioner Downey presented a Certificate of Merit to Misty Dawn Hoopengardner honoring her as the Youth of the Month for April l990, as recommended by the Children's Council. Commissioner Downey noted that Misty is active with the Hancock Rescue Squad, helps with United Cerebral Palsy's summer camp and is involved with many other activities in her church and community. PROCLAMATION - 25TH ANNIVERSARY - COMMUNITY ACTION COUNCIL Commissioner Roulette presented a proclamation to Betty Willson, President of the Community Action Council Board of Directors. Ms. Willson thanked the Commisisoners for the proclamation and for their support over the years. She also distributed pins commemorating the CAC's 25th anniversary. SUBDIVISION STREET ACCEPTANCE Motion made by Commissioner Roulette, seconded by Shank, to conditionally accept the following streets in the Brightwood Acres East Subdivision, 675' of Eastwood Drive, 395' of Eastwood Place, and 370' of Eastwood Place, with a one-year Maintenance Bond of $l2,250, with the additional provision that the Planning Department staff review the names of these streets and have them changed if they consider them to be confusing to emergency services companies, taking intoconsideration the Grid Numbering Program. Unanimously approved. BOARD/COMMISSION REPORTS Commissioner Irvin reported on the Mid-Maryland Emergency Medical Services Advisory Board meeting; Commissioner Downey reported on the Joint Alcohol & Drug Abuse Advisory Council meeting and the Advisory Board of Health; Commissioner Shank reported on the Parks Board meeting and Transportation Advisory Committee meeting; and Commissioner Bowers reported that the W House has been accepted as a United Way agency. APPROVAL OF MINUTES - MAY l & 8, l990 Motion made by Commissioner Irvin, seconded by Downey, to approve the minutes of May l, l990, as corrected. Unanimously approved. Motion made by Commissioner Irvin, seconded by Downey, to approve the minutes of May 8, l990, as corrected. Unanimously approved. REZONING CASE RZ-444 Applicant: Paul Crampton, Sr. for establishment of a PUD, Planned Unit Development, District. Stephen Goodrich, Senior Planner, informed the Commissioners that the numbers provided in the Staff Report regarding schools were in error and that the elementary school children in this development would attend Emma K. Doub Elementary and not Funkstown Elementary as stated. He informed the Commissioners that they are estimating that an additional 327 students would reside in this proposed development. Findings of Fact Motion made by Commissioner Roulette, seconded by Shank, and unanimously approved, to accept and approve the following Findings of Fact for Rezoning Case RZ-444: in accordance with Section 16, Zoning Ordinance of Washington County, Maryland. (a) The purpose of the "PUD" district. The purpose of a PUD, Planned Unit Development, District is to promote a more economical and efficient use of the land while providing for a harmonious variety of housing choices, a more varied level of community amenities, and the promotion of adequate open space and scenic attractiveness. It is also designed to permit a greater degree of flexibility and more creativity in the design and development of residential areas than is possible with conventional zoning standards. The Washington County Planning Commission in its Report and Recommendation dated May 10, 1990 found as a fact that the proposed RS-PUD met the intended purpose of PUD, MAY 22, l990 MINUTES, CONT'D. Planned Unit Development. The area of the proposed PUD classification consists of 122.78 acres and is anticipated will have 128 one story townhouse units, 163 two story townhouse units, multi-family apartments with 216 units, and 90 single-family units. The residential portion of the PUD will cover approximately 47% of the site. The gross residential density will be approximately 10.33 dwelling units per acre whereas the maximum allowed is 12 dwelling units per acre. A 12 acre commercial area is proposed along the frontage with East Oak Ridge Drive and a total of 30.28 acres has been reserved for open space. The common open space area will be owned and maintained by a homeowners' association. There are adequate and available public facilities, both water and sewer, emergency services, county commuter, and schools in the immediate area. A PUD development according to the approved plan would assure compatibility with the existing neighborhood more so than the existing Residential Suburban zoning. (b) Applicable policies of the adopted Comprehensive Plan for the County. The Report and Analysis of the Planning Commission Staff, as well as the Report from the Planning Commission to the Board of County Commissioners dated May 10, 1990, finds as a fact that the requested rezoning was in compliance with the Comprehensive Plan, and that the proposed RS-PUD was within the designated Urban Growth Area and conformed with applicable policies of the Comprehensive Plan. The specific guidelines and policies contained in the Comprehensive Plan which this proposed rezoning is considered to be in compliance and conformance with are as follows: "Growth and development should be guided to these Growth Areas in order to maximize the use of the existing investments in sewers, highways, parks, transit and other services and to permit reasonable economy in the provision of new services. This should be done through cooperative community, county and city planning to define growth area boundaries and to provide the necessary public facilities and services; through ordinances that promote community development; through streamlined governmental processes that minimize delay while still protecting the public interest; and through economic incentives." II-8 "The Urban Growth Area around Hagerstown should accommodate the expected growth in population over the next twenty years. The County should encourage efforts to redevelop and revitalize established neighborhoods and commercial areas in order to preserve and maintain existing housing and services resources. An adequate supply of land with urban services should be available at all times within the Urban Growth Area to meet needs of land for new development. Local services such as schools, police and fire protection, public streets, water and drainage facilities should be planned to be adequate for the projected population and employment growth." II-8 "Development within the Urban Growth Area should offer as much living diversity and choice as possible by providing for a wide variety of housing types and costs. The attractiveness and livability of the community should be ensured by adherence to sound principles of community design." II-8 The Board of County Commissioners finds as a fact that the proposed rezoning is in accordance with the applicable policies of the adopted Comprehensive Plan for the County. (c) Compatibility of the proposed PUD with neighboring properties. The Washington County Planning Commission in its Report of May 10, 1990 found as a fact that the concept plan was determined to propose land uses compatible with neighboring properties. The site is currently zoned Residential Suburban. To the north lie single-family residences zoned Residential Urban; to the northeast properties are located in the City of Hagerstown with a zoning classification of MAY 22, l990 MINUTES, CONT'D. R-3 and are being developed for apartments. The eastern boundary of the property abuts a 21 acre tract with a single-family home owned by Romaine Stottlemyer zoned Residential Suburban. To the south of the property and across Oak Ridge Drive lie numerous commercial properties with a Highway Interchange classification. The western property line of the subject site borders the Baltimore and Ohio Railroad tract. Beyond this tract lies Ryder Truck Rental and Leasing, which is located within the City limits and has a zoning classification of R-3. To the northwest of this tract and across the railroad tracks lies Doub Meadows Apartments with a zoning classification of Residential Multi-family. The proposed PUD does not appear to be incompatible with any of the existing development in the area or the existing commercial development located along East Oak Ridge Drive and Oakmont Drive. The concept plan of the applicants locates the residential portion of the PUD adjacent to the residentially zoned land situated to the north, east and west of the site. Likewise, the PUD's proposed commercial acreage faces the existing commercial area. The Board of County Commissioners finds as a fact that the proposed PUD is compatible with the surrounding area and neighboring properties. (d) The effect of the PUD on community infrastructure. The Washington County Planning Commission in its Report dated May 10, 1990 found as a fact that the effect of the proposed RS- PUD on existing infrastructure will be equal to or slightly greater than those imposed by development under current zoning classifications. A concept plan shows an internal public street system which will loop through the development and have two access points onto at least Oak Ridge Drive, and a series of streets and cul-de-sacs will branch off of the primary street. Under development is a 122 acre parcel consisting of at least 128 one story townhouse units, 163 two story townhouse units, multi-family apartments with 216 units, and 90 single-family units. Water and sewer is adequate for this area, but it is anticipated there will be a greater effect on the county commuter, schools, and emergency services because of the size of the proposed development. There was some concern regarding the adequacy of the roads in the immediate area, specifically U.S. Route #40A and Oak Ridge Drive. However, it appears that all intersections in this site area will continue to perform satisfactorily, and the Route 65 intersection will be adequate once current improvements are completed in this area by the State Highway Administration. (e) The report and recommendations of the Planning and Zoning Commission. The Planning and Zoning Commission on May 7, 1990, in its Report to the Board of County Commissioners dated May 10, 1990, voted to recommend APPROVAL of the rezoning of the property owned by Paul Crampton, Sr. and Nancy Crampton from RS - Residential Suburban to RS-PUD, Residential Suburban, Planned Unit Development. The report of the Planning & Zoning Commission was read and considered by the Board of County Commissioners. (f) Population change in the area of the proposed change. In 1970, the population in this area was 4,761, and in the year 1990 it is anticipated that the population will reach 8,105. Projecting forward, the anticipated population in the year 2000 is 8,394 without this proposed development. Whether there has been a convincing demonstration that the proposed rezoning would be appropriate and logcial for the subject property. Motion made by Commissioner Roulette, seconded by Shank, based on the Findings of Fact adopted and the testimony given at public hearing, that there has been a convincing demonstration that the proposed rezoning is appropriate and logical for the subject property. Unanimously approved. Decision - Rezoning Case RZ-444 Motion made by Commissioner Roulette, seconded by Irvin, to APPROVE Rezoning Case RZ-444 to rezone said property RS-PUD, based on the adopted Findings of Fact and the testimony given at public hearing, in accordance with Section l6 of the Zoning Ordinance of Washington County. Unanimously approved. FIRE & RESCUE REVOLVING LOAN FUND RECOMMENDATIONS James Young, Director of Finance, and Kathleen Riley, Chief, Division of Citizens Services, appeared before the Commissioners to discuss requests made to the Fire & Rescue Revolving Loan Fund Committee recently. Ms. Riley explained that there is only $28,000 remaining in the fund at this time for the ambulance/rescue portion of the fund. The Committee is recommending that the Fund be increased to $750,000 for fire companies and to $350,000 for ambulance companies. This would be an increase of $l50,000 for each category. Ms. Riley informed the Commissioners that the Loan Committee is recommending that the Hancock Rescue Squad's request for $75,000 be approved in order to purchase a l980 Ford Type 3, and they are also recommending approval of $36,59l.92, representing partial funding, of the request made by the Boonsboro Ambulance & Rescue Service, which would bring their outstanding balance to the maximum allowed of $75,000. MAY 22, l990 MINUTES, CONT'D. The Loan Committee recommends the request from Community Rescue Service be denied because of their large cash reserve and also the request made by the Clear Spring Ambulance Club since an addition to a building is a low priority request. Motion made by Commissioner Roulette, seconded by Shank, to accept the Fire & Rescue Revolving Loan Fund Committee's recommendations to approve requests made by the Hancock Rescue Squad in the amount of $75,000 and the Boonsboro Ambulance and Rescue Squad in the amount of $36,59l.92 and to deny the requests made by Community Rescue Service and Clear Spring Ambulance Club. Unanimously approved. STATE FIRE & RESCUE GRANT FUND DISTRIBUTION Motion made by Commissioner Roulette, seconded by Shank, to distribute the State Fire & Rescue Grant Fund monies to each of the County's volunteer fire and rescue companies in equal amounts of $3,937.08 and to provide $l9,685.32 to the Hagerstown Fire Department for distribution to City fire companies. Unanimously approved. REVIEW ADEQUATE PUBLIC FACILITIES ORDINANCE DRAFT Gary Rohrer, Chief, Division of Planning & Codes Administration, and Ralph France, County Attorney, presented another draft of the Adequate Public Facilities Ordinance. Barry Teach, Administrator, informed the Commissioners that, due to the substantial changes made in this draft, another public hearing will be scheduled. Mr. Rohrer reviewed the changes made in the draft, which include added definitions, changes in the appeal procedures, and the most significant change to Article V - Schools and Allocation of School Space. He explained the formula to be used for allocation for new subdivisions. The Commissioners requested that copies of the draft be distributed to interested agencies and to allow a two week period for comments before scheduling another public hearing. POTOMAC EDISON COMPANY - GROWTH STUDY Sue Elliott, Director of Customer Relations; Mike Eckard, Manager of Market Research and Economic Development; and Jim Poffenberger, Manager of the Northern Division from the Potomac Edison Company, appeared before the Commissioners to present growth study information which they obtained from Landauer Associates, Inc., when gathering data for their Friendship Technology Park. Mr. Eckard explained that this report compares Washington and Frederick Counties by actual construction starts for the period l978-l988 for residential and commercial/ industrial development. He also stated that Landauer Associates found that construction starts were surprisingly flat in Washington County although Frederick County's rate tripled during this period. He reviewed the charts contained in the reports which compared the two counties by square foot, construction, and dollar amounts. The Commissioners thanked the Potomac Edison representatives for sharing this information with them, and noted that it could be used in conjunction with the County's Data Base Study. REQUEST FOR PROPOSALS - LAND MANAGEMENT & BUILDING PERMIT SOFTWARE The Requests for Proposals for land management and building permit software were publicly opened and read aloud. Only one proposal was received from Sierra Computers, Inc., in the amount of $47,850. The proposal will be reviewed by appropriate officials prior to being accepted. (Decision rendered later in this Session.) REGIONAL COOPERATIVE PURCHASING PROGRAM Karen Luther, Purchasing Agent, and J. Theodore Wolford, Roads Department Superintendent, appeared before the Commissioners to explain the concept of the Regional Cooperative Purchasing Program. She advised the Commissioners that they have been attending meetings with the counties in Western Maryland to form a cooperative program to join together in bidding projects which would decrease costs by increasing the volume of purchases. Ms. Luther also stated that the County would not be required to participate in all projects put out for bid by the Cooperative, but only those it chooses. The County Attorney has reviewed and approved the agreement for legal sufficiency. Motion made by Commissioner Shank, seconded by Irvin, to enter into an agreement to participate in the Western Maryland Purchasing Cooperative Program as recommended by the Purchasing Agent. Unanimously approved. MAY 22, l990 MINUTES, CONT'D. RECYCLING PRESENTATION - JEFFERSON COUNTY & WASTE SERVICE TECHNOLOGIES David Ash, County Administrator for Jefferson County, West Virginia, along with Larry Warner, Chairman of the Jefferson County Solid Waste Authority, and "Beau" Lane, representing Waste Service Technologies appeared before the Commissioners to provide information regarding their recycling programs. Mr. Ash and Mr. Warner explained their partnership with Waste Service Technologies and informed them although there is no substitute for having a landfill, they anticipate a 50% reduction in the waste stream. Mr. Ash explained that the County is an equal partner with WST, and they share the profits of the sale of recyclable materials and the responsibilities equally. Jefferson County provided the site, roads and utilities and, in turn, WST will construct the building and provide their own financing. Jefferson County also guarantees 200 tons/day at approximately $2l.95 per ton to be recycled. Mr. Lane presented a scale model of the plant to be constructed and explained that all refuse is hand sorted when delivered to the plant, with all recyclable materials being removed. He stated that cardboard, glass, paper, plastics and metals are removed for recycling. The Commissioners thanked Mr. Ash, Mr. Warner and Mr. Lane for the information and requested that Mr. Teach make arrangements for them to visit the Jefferson County site in the near future. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Irvin, seconded by Shank, to convene in Executive Session at l2:50 p.m. in regard to personnel, property and legal matters, 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 Roulette, seconded by Downey, to reconvene in Regular Session at l:50 p.m. Unanimously approved. LINE ITEM TRANSFER - RECREATION COMMISSION Motion made by Commissioner Shank, seconded by Irvin, to approve the line item transfer of $ll,608, as requested by the Recreation Commission, from Temporary- Summer Help (0l-5-l8ll-4l3-000) to Contracted Services (0l-5-l8ll-524-000). Unanimously approved. HISTORIC SITE SURVEY - PHASE III Motion made by Commissioner Irvin, seconded by Roulette to authorize Commissioner Bowers to sign the application to provide for Phase III of the Historic Survey for the Towns of Boonsboro and Clear Spring and to provide the local match of $3,250. Unanimously approved. LINE ITEM TRANSFER - AIR UNIT Motion made by Commissioner Irvin, seconded by Roulette, to approve the line item transfer, as requested by the Air Unit, for $l30 from Water & Sewer (0l-5-l2l7-563- 000), $300 from Electric (0l-5-l2l7-560-000), to Machinery, Equipment & Repairs (0l-5-l2l7-542-000) and $l20 from Telephone (0l-5-l2l7-530-000) to Gasoline (0l-5- l2l7-550-000). Unanimously approved. REJECT BIDS - TOURISM DIRECTORY OF SERVICES Motion made by Commissioner Irvin, seconded by Roulette, to reject all bids for the Directory of Services for the Visitors & Convention Bureau, as recommended by the Tourism Director and Purchasing Agent, and to evaluate and revise the specifications and rebid. Unanimously approved. REAPPOINTMENT - COMMISSION FOR WOMEN Motion made by Commisisoner Roulette, seconded by Irvin, to reappoint Nancy Strine to the Commission for Women for a three-year term. Unanimously approved. AWARD - LAND MANAGEMENT & BUILDING PERMIT SOFTWARE Motion made by Commissioner Shank, seconded by Downey, to award the proposal for land management and building permit software to Sierra Computers, Inc., who submitted the proposal of $47,850. Unanimously approved. RECESS The Meeting was recessed at 2:25 p.m. EVENING SESSION The Evening Session was convened at 7:00 p.m. for a Public Hearing 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 John S. Shank. MAY 22, l990 MINUTES, CONT'D. CONSTANT YIELD TAX RATE AND PROPOSED FISCAL YEAR l990-9l BUDGET Barry Teach, County Administrator, announced that the public hearing is being held to permit the residents of Washington County to comment concerning the Commissioners' intention to exceed the Constant Yield Property Tax Rate and maintain the current rate of $2.l3 per $l00 of assessed valuation for Fiscal Year l990-9l, fulfilling the legal requirements of Title 6-308 of the Property Tax Article of the Annotated Code of Maryland. He also noted that Washington County's tax rate was l7th in the State last year. The tax rate will be set on Tuesday, May 29 at l0:30 a.m., in the County Commissioners meeting. Mr. Teach proceeded in giving a detailed presentation of the proposed General Fund Budget which totals $69,997,000, the Highway Fund budget in the amount of $l0,l35,000 and the Capital Improvements Budget in the amount of $l8,972,l80. The Hearing was then opened for public comments and questions. After all testimony was given, Mr. Bowers reiterated that the Commissioners would formally act to set the tax rate at l0:30 a.m. on May 29. The Hearing was closed at 7:40 p.m. and the Meeting adjourned. County Attorney , Clerk