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HomeMy WebLinkAbout901113 November l3, l990 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 Vice President, Linda C. Irvin, with the following Commissioners present: R. Lee Downey, Richard E. Roulette, and John S. Shank. (President Ronald L. Bowers was attending the Governor's Task Force to study State Police Salaries in Annapolis and was not present.) INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Downey, followed by the Pledge of Allegiance to the Flag by the full assemblage. HUMAN DEVELOPMENT COUNCIL - REQUEST FOR FUNDS Ronald Harsh, Director of the Washington County Human Development Council, appeared before the Commissioners to request additional funding for construction of a new training center and maintenance shop. Mr. Harsh, who had previously appeared before the Commissioners on October 9, l990, informed them that the City of Hagerstown has agreed to increase the CDBG loan to $2l2,500. He stated that they do have sufficient funds to construct the new training center but not the maintenance shop. He requested a low interest loan from the Commissioners in the amount of $l00,000. The Commissioners discussed several possibilities including having repair work for their buses done at the County Commuter during evening hours and asked that Mr. Harsh compare prices for in-house maintenance as opposed to contracting for repair service. The Commissioners took this request under advisement at this time. REQUEST FOR SOIL SURVEY UPDATE James Schlossnagle, representing the Soil Conservation Service, met with the Commissioners to request that the Commissioners fund a soil survey update. Mr. Schlossnagle informed the Commissioners that the current survey was published in the l960's and it would benefit a great number of agencies if it were updated. He predicted that the survey would take 5-6 years to be completed and the County's share would total $207,648, and, although the full amount would not be needed at the start of the project, a commitment for the funding is necessary in order to begin hiring the soil scientists for the project. The Commissioners asked if funds were available through FEMA or the state for this type project. Mr. Schlossnagle advised them that he has checked with both agencies regarding this and they have no funding available. Motion made by Commissioner Shank, seconded by Roulette, to commit $54,400 per year for a five-year period, not to exceed $207,648, beginning in Fiscal Year l992, in order to fund a soil survey update. Unanimously approved. COUNTY LETTERHEAD/LOGO Karen Luther, Purchasing Agent, presented samples of new County letterhead and business cards to the Commissioners for their approval. Ms. Luther stated that she is preparing an order and would like the Commissioners approval for the new design featuring the County logo. The Commissioners agreed to the change and also to reordering using recycled paper. PUBLIC HEARING - AGRICULTURAL LAND PRESERVATION DISTRICTS The Commissioners convened in public hearing at 9:38 a.m. in order to hear comments regarding six applications for agricultural land preservation districts. Eric Seifarth, Associate Planner - Agriculture, reviewed the applications for the districts and informed the Commissioners that all have met with the approval of the Agricultural Land Preservation Advisory Board and were found to be compatible with the Comprehensive Plan by the Planning Commission. The hearing was then opened for public comments on Applications AD-90-42, AD-90-43 and AD-90-44, submitted by Adrian Faith. Bill Clark spoke in favor of these applications. No one was in attendance to speak in opposition. Motion made by Commissioner Roulette, seconded by Shank, to approve Applications AD- 90-42, AD-90-43, and AD-90-44, submitted by Adrian Faith, as presented to establish Agricultural Land Preservation Districts, and to submit these applications to the State for approval. Unanimously approved. Nancy Cohill Manuel spoke on behalf of her application, AD-90-45. No one was in attendance to speak in opposition. MINUTES, CONT'D. NOVEMBER 13, 1990 Motion made by Commissioner Shank, seconded by Roulette, to approve Application AD- 90-45 submitted by Thomas and James Manuel, and Application AD-90-46, submitted by Nancy Manuel, as presented, for establishment of Agricultural Land Preservation Districts, and to submit these applications to the State for approval. Unanimously approved. Bill Turner spoke in favor of Application AD-90-47. There was no one present to speak in opposition. Motion made by Commissioner Shank, seconded by Roulette, to approve Application AD- 90-47, submitted by Gladys Bowman and Karen Turner, for establishment of an Agicultural Land Preservation District, and to submit this application to the State for approval. Unanimously approved. REZONING MAP AMENDMENT - RZ-447 The applicant is Greg Delauter who wishes to rezone 5.46 acres from "C" - Conservation to 3.l6 acres - "BL" Business Local and 2.30 acres to "RR" Rural for property located on the northeast corner of Macfee Hill Road and Military Road. Commissioner Roulette noted for the record, that although he was not present for the hearing, he did listen to the tape of the hearing on Rezoning Case RZ-447. Findings of Fact Motion made by Commissioner Roulette, seconded by Downey, and unanimously approved, to adopt the following Findings of Fact in accordance with Section 27.3, Zoning Ordinance of Washington County, Maryland: (a) Definition of Neighborhood. The Board of County Commissioners defines the neighborhood of this rezoning request as beginning at the intersection of Macfee Hill Road (Maryland Route 491) and Military Road and proceeds west along Macfee Hill Road to its intersection with Cascade Road; then continuing northeasterly along Cascade Road to the intersection of Cascade Road with Spring Dale Road; and at this intersection proceeding along Spring Dale Road east to Military Road; then turning south along Military road and proceeding along Royer Road in a southeasterly direction to the intersection of Royer Road and Macfee Hill Road; then heading west along Macfee Hill Road until it reaches the point of beginning. The neighborhood is defined and delineated by dotted lines on Exhibit A provided by the applicant to the Board of County Commissioners at the public hearing on September 17, 1990. (b) The report and recommendations of the Planning and Zoning Commission. The Washington County Planning Commission voted on November 7, 1990 to recommend the denial of rezoning of property owned by Greg Delauter in the above case. The Planning Commission adopted the Staff's Findings of Fact as the Commission's Findings of Fact pursuant to Article 27.3 of the Washington County Zoning Ordinance which are incorporated in its decision by reference. (c) Population change in the area of the proposed change. The proposed rezoning is located in the Ringgold Election District, Election District 14. The population in this district increased 150% between 1940 and 1980 from 1,662 to 4,155. The population is expected to grow to 4,317 by 1990 for a 3.9% increase, and to 4,472, a 3.6% increase from 1990 to the year 2000. (d) Availability of public facilities in the area. The Washington County Water and Sewerage Plan designates the subject property as W-1 and S-3. Public water service is therefore currently available and the S-3 category indicates that there is a five year priority for public sewer. The Washington County Sanitary District has no objection to the proposed rezoning. The proposed sewerage system is slated for construction in this particular area in the Fall of 1992. Fire protection is provided to the site by the Smithsburg Volunteer Fire Company, and emergency medical service is provided by the Blue Ridge Mountain Ambulance. The property is not served by the County Commuter. The subject rezoning site is within the Cascade Elementary and Smithsburg Middle and High School District. There is excess capacity in each of the three schools, and it is not anticipated that the proposed usage for this site, if it is rezoned, would increase the school enrollments at any of the three schools. MINUTES, CONT'D. NOVEMBER 13, 1990 (e) Present and future transportation patterns in the area. The subject parcels of land are located in the northeast corner of Macfee Hill Road (Maryland Route 491) and Military Road (Maryland Route 550). The one parcel, Parcel 99, has approximately 244 feet of frontage adjacent to Macfee Hill Road. Both roadways are classified by the Washington County Highway Plan as Major Collectors and have the restriction of 300 feet between all new access points. The County Engineer's Office has no objections to the granting of the proposed rezoning. The Maryland State Highway Administration has indicated that sight distance is acceptable at the location and access for commercial property will be off of Maryland Route 550 as far from the signalized intersection as possible while allowing for adequate deceleration and acceleration lanes. (f) Compatibility with existing and proposed development in the area including indication of neighboring site identified by the Washington Historic Sites Survey and subsequent revisions or updates. The subject parcel is currently classified as Conservation. To the west of the site and across Macfee Hill Road lies Ft. Ritchie, Maryland, which is a military base encompassing 635 acres and zoned Conservation. To the north and across Military Road is a parcel that contains several mobile homes classified as rural residential. On the same side of the street and to the east lies the United States Post Office and an Exxon gasoline station, both of which are classified as Business Local. Further east and lying on both sides of Military Road are numerous single- family homes, all zoned Rural Residential. Located to the south of RZ-447 are additional properties with single-family dwellings located on them, all having a zoning classification of Conservation. Two properties in the immediate neighborhood of RZ-447 have been the subject of rezoning applications since the inaction of zoning in 1973 and are as follows: RZ-224 consisting of .20 acres located along Military Road and adjacent to the Exxon gasoline station was rezoned from Rural Residential to Business Local in March, 1981; and RZ-283 a .6 acre tract located along the south side of Military Road rezoned from Rural Residential to Business Local in July, 1984. A change in classification to Business Local and Rural Residential is not incompatible with the existing area due to the various commercial and residential properties currently existing in the neighborhood with those classifications. (g) The relationship of the proposed change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The subject property of RZ-447 is located entirely within the Rural-Agricultural area set forth in the Comprehensive Plan for Washington County which encourages the preservation of agricultural land, open space, and other natural resources within this designated area. The policies encourage rural development projects to retain prime agricultural lands for permanent open space or farming and to conserve open space, water supply sources, mountain and woodlands and other natural and scenic resources. Development within the Rural-Agricultural area should be in keeping with the rural character of the environment and should not require public investments and services or facilities which would result in increased growth pressures and divert priorities from the Growth Area. Whether there was a mistake in the existing zoning classification or Substantial Change in the Character of the Neighborhood Motion made by Commissioner Roulette, seconded by Downey, that based on the testimony given, the Findings of Fact as presented and adopted, there was a mistake in the existing zoning classification and, as substantiated ed by the Findings of Fact, there has been a substantial increase in the amount of traffic on MD Rt. 550 and Rt. 49l and several rezonings (RZ-l84, RZ-337, and RZ-224) in the immediate area and change in the character of the neighborhood. Unanimously approved. Rezoning Case RZ-447 - Decision Motion made by Commissioner Roulette, seconded by Downey, to APPROVE Rezoning Case RZ-447 as presented based on the fact that there was a convincing demonstration that the rezoning is appropriate and logical, taking into consideration the recommendation of the Planning Commission, and the fact that there has been a substantial change in the character of the neighborhood and a mistake in the original zoning. Unanimously approve. MINUTES, CONT'D. NOVEMBER 13, 1990 CHANGE ORDER - AIRPORT TERMINAL PROJECT Motion made by Commissioner Shank, seconded by Roulette, to approve a Change Order for the addition of $27,474 for rock excavation as necessitated by site conditions and steel roof openings, for the Airport Terminal project. Unanimously approved. PUBLIC HEARING - PURCHASE OF YOUNKER PROPERTY Vice President Irvin convened a public hearing at l0:05 a.m. to hear public comments regarding the advertised proposal to purchase the Ray Younker property, located on Beaver Creek Road, for the purchase price of $79,500. Terry McGee, County Engineer, stated that purchase of this property would allow the County to demolish the residence and utilize the property to widen Beaver Creek Road and help straighten a curve at this location. Commissioner Irvin then opened the hearing for comments. There was no once present to speak in favor of the proposed acquisition. Paula Worthington and Helen Fisher spoke in opposition. Commissioner Irvin announced that the record will be held open for ten (l0) days in order to receive any written comments. The hearing was closed at l0:25 a.m. BOARD/COMMISSION REPORTS Commissioner Irvin reported on the Historical Advisory Committee meeting, the Mid- Maryland Emergency Medical Services Advisory Board meeting, the Historic District Commission meeting, and the Commission for Women meeting; Commissioner Roulette reported on the Planning Commission meeting. APPROVAL OF MINUTES - OCTOBER 23 & 30, 1990 Motion made by Commissioner Downey, seconded by Shank, to approve the minutes of October 23 and 30, l990, as submitted. Unanimously approved. BID AWARD - GASOLINE, DIESEL FUEL, & INDUSTRIAL AND MOTOR OILS Motion made by Commissioner Shank, seconded by Roulette, to award the bid for gasoline to A.C.& T. who submitted the low base bid of $459,8l7.40; to award the bid for diesel and kerosene to A.C.& T. who submitted the low base bid of $522,585; and to award the bid for industrial and motor oil to Ewing Oil Company who submitted the low base bid of $35,532.73. Unanimously approved. BID AWARD - LIGHTING FOR TENNIS & BASKETBALL COURTS - MARTIN L. SNOOK PARK Motion made by Commissioner Shank, seconded by Roulette, to award the bid for lighting of tennis and basketball courts at the Martin L. Snook Memorial Park to Shifler Electric who submitted the low bid of $30,650, and to waive the performance bond requirement. Unanimously approved. BOND RESOLUTION James Young, Director of Finance, and Gary Florence, representing Smith, Somerville & Case, the County's bond counsel, met with the Commissioners regarding the bond issue scheduled for sale on November 27. Motion made by Commissioner Roulette, seconded by Shank, to adopt the Resolution authorizing and empowering the County Commissioners of Washington County to issue and sell, upon its full faith and credit, eleven million dollars ($ll,000,000) par value of serial maturity, general obligation, fully registered bonds, authorized by Chapter 332 of the Laws of Maryland of l989, such bonds to be designated "Washington County, Maryland, Public Facilities Bonds of l990," such bonds to be sold and issued for the purpose of financing in part the costs of acquisition, construction, reconstruction, enlargement, expansion, extension, improvement, rehabilitation, renovation and repair of certain capital projects, including public schools and other public facilities, together with any related architectural, financial, legal, planning or engineering services, in Washington County. Unanimously approved. (Copy of Resolution attached.) REQUEST FOR FUNDING - KNOW YOUR COUNTY BROCHURE The Commissioners agreed to provide $l,000 toward printing costs of the League of Women Voters' brochure "Know Your County" through the Visitors and Convention Bureau budget. RESOLUTION RATIFYING THE EXISTENCE OF THE WASHINGTON COUNTY HOUSING AUTHORITY Motion made by Commissioner Roulette, seconded by Shank, to adopt a Resolution to ratify the existence of the Washington County Housing Authority pursuant to a new law requiring articles of organization. Unanimously approved. MINUTES, CONT'D. NOVEMBER 13, 1990 TRI-STATE COMMUNITY HEALTH CENTER - REQUEST FOR TAX CREDIT Barry Teach, Administrator, informed the Commissioners that Tri-State Community Health Center has requested a credit for County personal property taxes in the amount of $l,258 but there are no provisions for the County to grant this. He asked the Commissioners if they wish to request the Delegation to the General Assembly to amend existing law to enable them to grant tax credits to certain, non- profit organizations for personal property taxes. The Commissioners asked Mr. Teach to obtain more information regarding this matter. SUBDIVISION OF LOT - SHINHAM ROAD Ronald Forsyth and his son appeared before the Commissioners regarding his request to subdivide a lot on Shinham Road. Mr. Forsyth explained that he wishes to convey a lot to his son but the County requires that the road be improved to l8' in front of the lot. Terry McGee, County Engineer, stated that when the Adequate Public Facilities Ordinance goes into effect on December l, l990, the road would only be required to be widened to l6' since the conveyance is from a family member. The Commissioners discussed several possibilities and requested that Mr. Forsyth dedicate 25' of right-of-way for the entire frontage of his property, with the stipulation that if any subdivision occurs in the future, the road will have to be improved to either l6' or l8'. Motion made by Commissioner Roulette, seconded by Shank, to allow subdivision of one lot on Shinham Road by Ronald Forsyth to his son based on his dedication of right-of-way of 25' of the entire frontage of his property, with the provision that any further subdivision would come under the jurisdiction of the Adequate Public Facilities Ordinance. Unanimously approved. HEALTH DEPARTMENT EXPANSION PROJECT Gary Rohrer, Chief, Division of Planning & Codes Administration, met with the Commissioners in regard to the Health Department expansion project. Mr. Rohrer is proposing that the County exchange parcels of property with the Coffman Home for the Aging which would square up the property line and provide a more efficient parking area. Mr. Rohrer explained that the Board of Directors of Coffman Home have concerns regarding the driveway and improper use of the entrance and parking lot by North Hagerstown High School students. The Commissioners asked Mr. Rohrer to present this to the Coffman Home Board at the luncheon with them later today. LINE ITEM TRANSFERS - PERSONNEL DEPARTMENT & PERMITS DEPARTMENT Motion made by Commissioner Roulette, seconded by Shank, to approve the line item transfer requested by the Personnel Department transferring $3,000 from Property and Casualty Insurance to Office Furniture (0l-5-0l5l-687-000). Unanimously approved. Motion made by Commissioner Roulette, seconded by Downey, to transfer $650 from Per Diem (0l-5-1231-528-010) to Office Supplies (0l-5-1231-513-000) as requested by the Department of Permits & Inspections. Unanimously approved. EXTENSION SERVICE - TRANSFER OF FUNDS Motion made by Commissioner Downey, seconded by Roulette, to transfer $6,639.34 from the Old Post Office Building Improvements Budget (0l-5-0l75-68l-000) to General Expenses (0l-5-0l73-529-000) to cover expenses incurred by the Extension Services for copies in excess of 20,000. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Shank, to convene in Executive Session at l2:00 noon in regard to personnel, property and to confer with the County Attorney, 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 Downey, seconded by Roulette, to reconvene in Regular Session at l2:32 p.m. Unanimously approved. EMPLOY SECRETARY - DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT Motion made by Commissioner Shank, seconded by Roulette, to employ Sheree Davis as Secretary II in the Housing & Community Development office to fill an existing vacancy. Unanimously approved. MINUTES, CONT'D. NOVEMBER 13, 1990 LUNCHEON - COFFMAN HOME FOR THE AGING The Commissioners met at the Coffman Home for the Aging for a luncheon given by the Coffman Home Advisory Board. After lunch, Yvonne Eyler gave a brief update on activities at the Home. Gary Rohrer, Chief, Division of Planning & Codes Administration, presented the proposal to exchange equal amounts of acreage in order to even up property lines. The Board members asked Mr. Rohrer to leave his drawing with them to allow them to review the proposal more thoroughly. MEETING WITH BOARD OF EDUCATION - PARAMOUNT ELEMENTARY SCHOOL Members of the Citizens Advisory Council for Paramount Elementary School conducted a tour of the facility. Afterward, the Commissioners met with the elected Board of Education. Board of Education members present were Kenneth Grove, B. Marie Byers, Janice Circinione, Boyd Michael and Barbara Stansberry. Dr. Wayne Gersen, Superintendent, made a presentation on elementary school overcrowding and stated that the problem cannot be addressed by redistricting but only by school construction. He also distributed a handout showing the Washington County school population surplus/deficit. James Lemmert presented a map showing school enrollment projections. Dr. Gersen recommended proceeding with construction of a new elementary school, moving the students in Paramount Elementary School to the new school while renovations are being done and then moving the students back to Paramount when the renovations are complete. Dr. Gersen also reviewed the Public School Construction portion of the Capital Improvements Project budget for Fiscal Year l992-l996 which will be submitted to the Interagency Committee (IAC). The preliminary CIP totals $3l,l87,4l4. The first priority in the CIP is the North Hagerstown High School Addition/Renovation project, second priority is the Boonsboro Elementary School Addition, third is construction of a new elementary school and fourth is systemic renovations to various schools. Dr. Gersen also advised the Commissioners that the IAC has indicated that funding may not be available for the North High project, and the Board of Education may request additional funding from the Commissioners. He asked the Commissioners to review the proposed CIP budget for submittal to the IAC and indicated that he needs their approval by December l. In summarizing, Dr. Gersen stated that they need the Commissioners' approval, after review, on the IAC submittal and asked the Commissioners to consider joining with them in an appeal to the IAC for additional funds for the North Hagerstown High School Addition/Renovation project. The Board members asked the Commissioners to give serious consideration to promoting bond sales or finding additional funding for school projects in the amount of $20.5 million in the next three years. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Downey, to adjourn at 4:00 p.m. Unanimously approved. County Attorney , Clerk