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HomeMy WebLinkAbout900731 July 31, 1990 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 10:00 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 The Invocation was delivered by Commissioner Bowers, followed with the Pledge of Allegiance to the Flag by the full assemblage, led by Commissioner Roulette. INTRODUCTION OF NEW EMPLOYEE Steve Zies, of the Washington County Landfill, introduced Harvey Hoch, who was recently employed as the Washington County Recycling Coordinator. STREET ACCEPTANCE Motion made by Commissioner Shank, seconded by Irvin to accept from the developer, Greenside ll Limited Partnership, the second section of North Street back to Greenside Apts.,into the County Roads system, and to accept the deed for the right- of-way for North Street Extended from same. Unanimously approved. PERFORMANCE BOND Motion made by Commissioner Roulette, seconded by Irvin to approve a Performance Bond in the amount of $35,000 to guarantee work for roads, storm water management and sediment control, for the next 6 months at Park View Meadows. Unanimously approved. LEITERSBURG/SMITHSBURG ROAD PROJECT Dean Lowry, Administrative Engineer, reported on the status of right-of-way acquisition for the Leitersburg-Smithsburg Road Project, through the four phases. Two of the eleven properties in the first two phases are under signed option. HOPEWELL ROAD Dean Lowry, Administrative Engineer, reported on the last acquisition for Hopewell Road. PUBLIC HEARING - AGRICULTURAL PRESERVATION DISTRICTS The President convened the Public Hearing at 10:05 a.m., as advertised in order to consider 6 applications for Agricultural Preservation Districts. Eric Seifarth, Associate Planner-Agricultural Land Preservation, presented the cases and advised the Commissioners that the Agricultural Advisory Board has recommended approval of all 6 applications. Application AD-90-16, submitted by Robert L. and Diane S. Elder for 110.10 acres, located 2 miles southeast of Leitersburg, and is primarily a Turf Farm. There was no one present to speak in opposition of this application. Motion made by Commissioner Shank, seconded by Roulette to approve application AD-90-16, for submission to the State program for establishment of an Agricultural Land Preservation District. Unanimously approved. Application AD-90-17, submitted by William H. and Martha I. Price for 149.64 acres, located at the intersection of Spickler and Broadfording Roads approximately 4 miles northeast of Clear Spring The Price farm is used mainly for crops with cattle pastured on 13 acres. Application AD 90-20, submitted by Mary E. Trumpower for 125 acres, located along both sides of MD 57, 3 miles northeast of Clear Spring. The farm is defined by Barnhart Road to the north and Broadfording Road to the south. The Trumpower farm is a dairy farm. Corn, Alfalfa and barley are grown on 115 acres. Pasture, woodland and buildings cover the remaining 10 acres. There was no one present to speak in opposition of these two applications. Motion was made by Commissioner Roulette seconded by Shank, to approve application AD-90- 17, and AD-90-20 for admission to the State program for establishment of an Agricultural Land Preservation District. Unanimously approved. Application AD-90-18, submitted by Lawrence C. and Hazel L. Long for 163.88 acres located on the east side of MD Route 63, two miles south of Williamsport. The Long farm is a three generation dairy farm The primary land use is cropping. Residential subdivision activity has taken place to the north along Route 63 and along Falling Waters Road. There was no one present to speak in opposition of this application. Motion was made by Commissioner Roulette, seconded by Irvin, to approve application AD-90-18 for admission to the State program for establishment of an Agricultural Land Preservation District. Unanimously approved. July 31, 1990 Minutes, continued Application AD-90-19, submitted by Elmer C. and Ada F. Strite for 140.04 acres, located along the south side of Old Forge Road 1/2 mile east of its intersection with MD Route 62. The Strite farm is a dairy operation. The principal land use of 96 acres is for crops while pasture makes up 21 acres and woodland covers the remaining 16. There was no one present to speak in opposition of this application. Motion made by Commissioner Irvin, seconded by Roulette, to approve application AD-90-19, for submission to the State program for establishment of an Agricultural Land Preservation District. Unanimously approved. Application AD-90-21, submitted by James E. Shiffler, Inc. for 113 acres, located along the east side of Barnes Road and along the south side of Old Roxbury Road three miles northwest of Boonsboro. The Shiffler farm is primarily crops, 127 acres, Pasture covers 6 acres, woods cover about 15 acres and buildings cover 2 acres. There are 7 acres in the floodplain and are well managed, used mostly for woods and pasture. There was no one present to speak in opposition of this application. Motion made by Commissioner Roulette, seconded by Irvin, to approve application AD-90-21, for submission to the State program for establishment of an Agricultural Land Preservation District. Unanimously approved. APPROVAL OF MINUTES - JULY 10, 1990 Motion made by Commissioner Shank, seconded by Irvin, to approve the minutes of July 10, 1990, as corrected. Unanimously approved. REZONING CASES - RZ 445, 446, AND 447 RZ 445 Applicant: Bruce S. Rice, to rezone Parcel # 877, located at the south east corner of Virginia Avenue and west Oak Ridge Drive, from RU-Residential Urban to BL- Business Local. Definition of Neighborhood: Motion made by Commissioner Roulette, seconded by Shank, to accept the definition of neighborhood which consists of those pieces of land 1/2 mile in distance from the intersection of West Oak Ridge Drive and Virginia Avenue in Halfway, Md. Motion made by Commissioner Roulette, seconded by Irvin, and unanimously approved to adopt the following Findings of Fact, pursuant to Section 27.3, of the Zoning Ordinance of Washington County, Md., as submitted by the County Attorney: (a) The report and recommendations of the Planning and Zoning Commission. The Washington County Planning Commission on July 2, 1990 voted to recommend approval of RZ-445, which is a requested change of zoning on lands of BGR Limited Partnership from RU - Residential Urban to BL - Business Local. The basis of the recommendation was that a mistake had been made in the original rezoning in that the parcel in question has been occupied by a business use for over 20 consecutive years, since before the inception of the Zoning Ordinance. Since the business use has continued for such a lengthy period of time, it was a mistake to assume that the non-business zoning assigned to the property would cause its eventual disappearance and conformance with the residential zoning classification. The Washington County Planning Commission further found that the requested BL zone is appropriate and logical due to the site's location immediately adjacent to an existing BL zone at the major intersection of Halfway Boulevard and Virginia Avenue. The current and continued use for business uses at this location also re- enforces the appropriateness of the requested zone. July 31, 1990 Minutes, continued (b) Population change in the area of the proposed change. The site is located in the Halfway Election District, Election District 26. In 1970, the population was 7,346; in 1980, 9,489; in 1990, it is anticipated the population will be 9,869; and in the year 2000, the projected population is 10,221. The Halfway Election District experienced a considerable increase in population between 1950 and 1960, but since that time, there has been a decreasing rate of population growth which is expected to continue through the year 2000. (c) Availability of public facilities in the area. The Washington County Water and Sewerage Plan designates this property as W-1, S-1, and the existing building is connected to water service provided by the City of Hagerstown. Sewer allocation is available subject to the Washington County Sanitary District's rules, policies and procedures. The subject property is located within the service area of the Halfway Volunteer Fire Department and Community Rescue Service for emergency medical care. Public bus service is available at this location by the Washington County Commuter. The subject property is located within the school district boundaries for Lincolnshire Elementary School, Springfield Middle School and Williamsport High School. The site is not occupied by any residential dwellings, and the proposed use does not anticipate any increase in the school population. (d) Present and future transportation patterns in the area. Traffic counts for Route 11 west of Wilson Boulevard at the City Line experienced an increase from 14,000 vehicles a day in 1970 to 14,700 in 1973; 15,850 in 1976, and 30,300 in 1980. There are no available traffic counts since that date relating to this location. Traffic counts for Route 11 north of the Interstate 70 Bridge indicate 7,300 vehicles in 1970, 9,325 vehicles in 1980, and 11,000 in 1988, a moderate increase. There is a steady increase of daily traffic at both locations. It is anticipated, according to the County Engineer, that the proposed usage for this site will most likely not have as much traffic as previously when the site was used as a 7-Eleven Store. (e) Compatibility with existing and proposed development of the area including indication of neighboring site identified by the Washington county Historic Sites Survey and subsequent revisions or updates. The subject property is compatible with existing and proposed development in the area. The subject site, originally a 7-Eleven Store, has been a pizza shop since February, 1990. The other three corners of this intersection consist of commercial uses. This site is immediately across from the Old Orchard Shopping Center, and the area has a considerable number of commercial and business uses. There is residential development and undeveloped RU zoned land on three sides of the subject property. The area along Virginia Avenue known as "Halfway" is listed in the Washington County Historic Sites Survey. It is described as an example of a turn of the century community which developed along a major U.S. highway. Other places listed on the Historic sites Survey within a 1/2 mile radius of the subject property are listed as follows: a mid 19th Century brick house (WA-I-400); a 19th Century oak woods (WA-I-452); and a 19th Century two-part log house (WS-I-111). (f) The relationship of the proposed change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The subject site is located within an Urban Growth Area, and the policies of the Comprehensive Plan of Washington County encourage residential, commercial, and industrial growth within these boundaries. (g) That there was a substantial change in the character of the neighborhood where the property is located. No. (h) That there was a mistake in the existing zoning classification. Yes. This site has been consistently used for business and commercial purposes for over 22 years, well before the enactment of the Zoning Ordinance of Washington County, Maryland. July 31, 1990 Minutes, Continued (i) Whether there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property. Yes. It was moved by Commissioner Shank, seconded by Irvin, that a convincing demonstration was made that the proposed rezoning would be appropriate and logical for the subject property. Motion made by Commissioner Roulette, seconded by Irvin, to approve Rezoning Case RZ-445 based upon the testmony given at the public hearing, the findings of fact adopted by the Board of County Commissioners, definition of neighborhood, taking into consideration the recommendation of the Planning Commission, and the fact that there was a mistakw in the original rezoning. Unanimously approved. RZ 446 MOTION made by Commissioner Roulette, seconded by Downey, to approve Rezoning Case, RZ 446, based upon the testimony given at the Public Hearing and taking into consideration the recommendation of the Planning Commission. Unanimously approved. RZ 447 Motion made by Commissioner Shank, seconded by Irvin, to approve Rezoning Case RZ 447, based on the testimony given at the Public Hearing, and taking into consideration the recommendation of the Planning Commission. Unanimously approved. RE/APPOINTMENT/HOUSING AUTHORITY Motion made by Commissioner Irvin, seconded by Roulette, to reappoint Edwin Schroyer, to the Housing Authority, for a 5 year term from 08/01/90 to 08/01/95. as recommended by The Mayor and Council of Smithsburg. Unanimously approved. APPOINTMENT/FIRE AND RESCUE ADVISORY BOARD Motion made by Commissioner Downey, seconded by Irvin, to appoint Sam Keister as an alternate member of the Fire and Rescue Advisory Board, as recommended by the Fire and Rescue Associates, to fill an unexpired term to April 23, 1993. Unanimously approved. ROAD NAME CHANGE/BOAT AMERICA WAY Motion made by Commissioner Roulette, seconded by Downey to change the name of Porter Chemical Road to Boat America Way. Unanimously approved. PUBLIC HEARING/1990 NATIONAL ELECTRICAL CODE The President convened the Public Hearing at 11:00 a.m. in order to hear comments regarding the 1990 National Electrical Code. David R. Ramer, Secretary/Treasurer, for the Board of Supervisors and Examiners, and Gary Rohrer, Chief Planning and Codes, spoke in favor of the changes. Comments were made by several citizens in favor of the changes and Mr. W. D. Conner, 416 Magnolia Aveue, Hagerstown, a licensed electrician questioned the section on smoke detectors. Mr. Ramer answered his questions to the satisfaction of he and the Commissioners. There was no one present to speak in opposition of this code. Motion made by Commissioner Shank, seconded by Downey to approve the 1990 National Electrical Code as presented, effective immediately. Unanimously approved. PUBLIC HEARING/CDBG GRANT The President convened the Public Hearing at 11:30 a.m. in order to hear comments regarding the CDBG Grant for Pats Inc., an aviation firm that designs and manufactures aircraft accessories. Neil W. Curran, director of Program Development presented the request to apply for a $530,000 grant through the State Department of Economic and Employment Development and lend Pats all but the amount needed to cover staffing and administrative costs. Residents who spoke both for and against this project raised several questions. The Commissioners took this matter under advisement. RECYCLING PLAN/ADOPTION Motion made by Commissioner Roulette, seconded by Irvin to formally adopt the Recycling Plan as part of the County's Solid Waste Plan. Unanimously approved. July 31, 1990 Minutes, continued PETITION/RE-DESIGN STREET John Urner, Attorney representing property owners on Beaver Creek Road submitted a petition requesting the design for the Beaver Creek Road Route 40 intersection be reconsidered. The Commissioners instructed Terry McGee, County Engineer, to meet with representatives of Sharrett Auto Mall, and property owners, to see what can be done. RECESS The meeting was recessed at 1:30 p.m. for a lunch break. AFTERNOON SESSION The Afternoon session was convened at 1:50 p.m. by 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. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey, to convene in Executive Session at 1:50 p.m. in regard to personnel and legal matters, in accordance with Section 10.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Irvin, seconded by Shank, to reconvene in Regular Session at 3:30 p.m. Unanimously approved. EMPLOY/FIRE AND RESCUE COMMUNICATIONS Motion made by Commissioner Roulette, seconded by Downey, to promote Ronald David Hayes as Technician II, Grade 6, Step A, in Fire and Rescue Communications, from part time to full time, to fill an existing vacancy. Unanimously approved. EMPLOY/MECHANIC/PARKS DEPARTMENT Motion made by Commissioner Irvin, seconded by Downey, to hire Bernard Bossler as a Mechanic II in the Parks Department, to fill an existing vacancy. Unanimously approved. EMPLOY/CHILDREN AND YOUTH COORDINATOR Motion made by Commissioner Downey, Seconded by Irvin, to hire Kristin Grosh as the new Children and Youth Coordinator, Grade 8, Step A, Ms. Grosh will be working directly under Ms Kathleen Riley, Chief, Division of Citizens Service. Unanimously approved. EMPLOY/SHOP SUPERVISOR/ROADS DEPARTMENT Motion made by Commissioner Roulette, seconded by Shank to hire Joseph Charles as Shop Supervisor, to fill an existing vacancy. Unanimously approved. EMPLOY/HOUSING/MAINTENANCE MAN Motion made by Commissioner Irvin, seconded by Shank to hire Steven Schwartz as Maintenance Technician, Grade 4, Step A, to fill an existing vacancy. Unanimously approved. EMPLOY/SECRETARY II/ENGINEERING Motion made by Commissioner Shank, seconded by Downey, to hire Jean Selby as Secretary II, Grade 4, Step A. Unanimously approved. CHANGE ORDER/C.O.B. CONFERENCE ROOM Motion made by Commissioner Irvin, seconded by Roulette, to approve a Change Order in the amount of $1,602 for carpeting in the County Office Building Conference Room. This figure was not included in the original quote. Unanimously approved. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Downey, to adjourn at 3:35 p.m. Unanimously approved. County Attorney ,Clerk Prepared by Constance Fierro, Secy