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HomeMy WebLinkAbout910528 May 28, 1991 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 Commissioners present: Ronald L. Bowers, Linda C. Irvin-Craig, John S. Shank, and Gregory I. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. YOUTHS OF THE MONTH AWARDS Commissioner Shank presented a Certificate of Merit to Karri Kline, from Clear Spring High School, as the November, 1990, recipient of the Youth of the Month Award, as recommended by the Children's Council, Commissioner Shank listed Kerri's achievements and activities in her church and school. Commissioner Bowers presented a Certificate of Merit to Mary Kay Albowicz, as the December, 1990, recipient of the Youth of the Month Award, as recommended by the Children's Council. Commissioner Bowers commented on Mary Kay's many accomplishments in the community. Commissioner Irvin-Craig presented a Certificate of Merit to Katherine Quade as the March, 1991, recipient of the Youth of the Month Award, as recommended by the Children's Council. Commissioner Irvin-Craig read her certificate which honored her for being a superior role model for youth, excelling in school, church, and also in the home. Karri, Katherine and Mary Kay all thanked the Commissioners and said how proud they were to receive the Certificates of Merit. LOCAL INTERAGENCY ADVISORY COUNCIL FOR CHILDHOOD DEVELOPMENT AND EDUCATION Kristin H. Grosh, Coordinator, Office for Children and Youth, and Kathleen Riley, Director of Citizens Services, appeared before the Commissioners to address a recommendation received from the Governor's Office for Children, Youth and Families, concerning the establishment of a Local Interagency Advisory Council for Early Childhood Development and Education. Ms. Grosh made a recommendation that a Local Interagency Council could be developed to better coordinate agency efforts in addressing the child care and early childhood education needs in Washington County. Ms. Grosh also recommended representatives from the following respective agencies be appointed to the membership of such a council: Chamber of Commerce, Child Care Administration, Department of Social Services, Director's Association of Early Childhood Centers, Family Day Care Providers Association, Hagerstown Junior College, Hagerstown/Washington County Recreation Commission. The Commissioners took the matter under advisement. PUBLIC HEARING - AGRICULTURAL LAND PRESERVATION DISTRICTS Commissioner Roulette convened the public hearing at 9:15 a.m. in order to hear testimony regarding nine applications for Agricultural Land Preservation Districts. Eric Seifarth, Associate Planner - Agriculture, reviewed the first application AD 91-11 submitted by Jane Ellen Buhrman and Roger Dale Buhrman and noted that the Planning Staff is recommending approval of this application and it has been approved by the Agricultural Land Preservation Advisory Board. Application AD-91-11, submitted by Jane E. Buhrman and Roger D. Buhrman, for 182.46 acres was reviewed by the Commissioners. Mr. Seifarth briefly explained the situation presently existing at the Buhrman Farm, namely the building of two large hog barns for which Frederick County permits were issued but which evidently were built in Washington County. Commissioner Roulette told the Buhrmans it would be their responsibility to get the land surveyed or obtain certification that all of the land in their application is in Washington County. The hearing was then opened for public comment. The following people were present and spoke in favor of the application: Kim Buhrman, Sabillasville, Md.; Paul R. Wade, Cascade, Md.; Lea Geist, Sabillasville, Md.; Roger Swope, Sabillasville, Md.; Charles Willard, Cascade, MD.; Roger Buhrman, Sabillasville, MD.; Kim Benshaw, Sabillasville, Md.; Kim Stottlemeyer, Sabillasville, MD.; and Charles Wade, Cascade, Md. The following people were present and spoke in opposition of the application: Mr. Ray Ware, Sabillasville, Md.; Steve and Sarah Crunkleton Cascade, Md.; Harvey Smith, Sabillasville, Md.; and Ms. Garofolo, Sabillasville, Md. Ray Ware of 16513 Raven Rock Road Sabillasville, Md, read a letter to the Commissioners in opposition of this application, and also submitted a petition from adjoining property owners and affected neighbors who oppose the establishment of an Agricultural Land Preservation for application AD-91-11. The hearing was then opened for questions: several people participated in the question and answer portion of the hearing including Mr. Gerald Ditto, a Clear Spring area farmer. Motion made by Commissioner Bowers, seconded by Irvin-Craig to table application AD - 91-11 submitted by Jane and Roger Buhrman until additional information including a survey may be obtained. Unanimously approved. MINUTES CONT'D MAY 28, 1991 AGRICULTURAL LAND PRESERVATION DISTRICTS - Public hearing continued Eric Seifarth continued to review the following applications for Agricultural Land Preservation, AD -90-67 submitted by Anna Mae Gross, AD-91-5 submitted by Oliver E. and Rose M. Britner, AD-91-6 Submitted by Edgar P. Pryor, AD-91-7 submitted by Richard G. and Esther M. Martin, AD-91-9 submitted by Louis G.P. and Groveen H. DeBaugh, AD-91-9 submitted by Louis G.P. and Groveen H. DeBaugh, AD-91-10 submitted by William R. and Cynthia A. Oates, AD-91-13 submitted by Lee B. and L. Christine Worthington. Mr. Seifarth noted that the Planning Staff is recommending approval of these applications by being consistent with the Comprehensive Plan and they have been approved by the Agricultural Land Preservation Advisory Board. The hearing was then opened for public comment. There was no one present to testify regarding the applications. Motion made by Commissioner Shank, seconded by Irvin-Craig, to APPROVE AD-90-67, AD 91-8, and AD-91-9, which are contiguous properties, as presented. Unanimously approved. Motion made by Commissioner Snook, seconded by Bowers, to APPROVE AD-91-5, as presented. Unanimously approved. Motion made by Commissioner Irvin-Craig, seconded by Shank to APPROVE AD-91-7, as presented. Unanimously approved. Motion made by Commissioner Snook, seconded by Shank, to APPROVE AD-91-10, as presented. Unanimously approved. Motion made by Commissioner Shank, seconded by Snook to APPROVE-AD-91-13, as presented. Motion made by Commissioner Shank, seconded by Snook to reopen AD-91-1, submitted by Terry Price, and tabled on April 30, 1991. Mr. Seifarth pointed out that Mr. Price has agreed to discontinue certain practices regarding the spreading of manure and to follow the guidelines of the approved Management Plan from the Extension Service for the farm. Mr. Kelly, a neighboring property owner, reversed his earlier position in opposition of this application. Motion made by Commissioner Shank, seconded by Snook, to APPROVE AD-91-1, as originally presented. Unanimously approved. PRESS RELEASE - 1991 Chesapeake Bay Clean-up/Earth Day Paulette Sprinkle, Community Coordinator for Washington County read a press release for the 1991 Chesapeake Bay Clean-up/Earth Day Activities in Washington County. This year's activities centered around the theme of trees since April was Tree- mendous Month in the State of Maryland. EARTH DAY AWARDS The Washington County Soil Conservation District held its 2nd Annual Earth Day Poster Contest. Approximately 200 posters were received. Winners received a framed certificate and T-shirt from the County Commissioners and the Soil Conservation District presented cash awards to each winner. The posters will be carried on to National Competition. 1st Place Winners were: Shaye C. Miller, Grade 2 - Fountain Rock Elementary; Amanda Llewellyn, Grade 5 - Fountain Rock Elementary; and Richard J. Hamilton, Grade 11 - Boonsboro High School. 2nd Place Winners were: Jonathan Thomas Staeblein, Grade 2 - Fountain Rock Elementary; Stephanie Ann Harp, Grade 4 - Fountain Rock Elementary; and Kathy Boyer, Grade 11 - Williamsport High School. ENVIRONMENTAL ROLL OF HONOR - Bryan Center and League of Women Voters Harvey Hoch, Recycling Coordinator, announced that the Bryan Center is being added to the County's Environmental Roll of Honor in recognition of their involvement with environmental concerns. Carrie Wilson, who is doing an internship in Senator Barbara Mikulski's office, located in the Bryan Center, initiated the recycling program for the building. Ms. Wilson approached Courteous Services, management office for the Bryan Center who cooperated fully with Ms. Wilson's suggestions for recycling and soon the entire office building was involved. Mr. Hoch, presented the plaque to Carrie Wilson and Cathy Vogt, Senator Mikulski's representative, on behalf of the Bryan Center. The second plaque was presented to Margaret Comstock, Sharon Wood, and Mary Ann Jenneke, representing the League of Women Voters. Ms. Comstock provided highlights of their recycling program and how it involves so many homemakers throughout the County. The Commissioners noted that these two awards will also be added to the permanent plaque located in the County Administration Building. MINUTES CONT'D MAY 28, 1991 CERTIFICATE OF MERIT Harvey Hoch, Recycling Coordinator presented a Certificate of Merit, on behalf of the County Commissioners, to Margaret Comstock, Environmental Activist for the League of Women Voters, for her dedicated work with environmental concerns. Ms. Comstock has been working with the community from the onset of the County's recycling program, visiting schools, work places and generally speaking out for the environment. The Commissioners expressed their appreciation to Ms. Comstock for her dedicated efforts. SOIL SURVEY - AGREEMENT Ralph France, County Attorney, and James Schlossnagle, District Soil Conservationist, appeared before the Commissioners to discuss a Memorandum of Understanding, Cooperative Agreement No. 68-03B19-1-22, between Board of County Commissioners and the Soil Conservation District of Washington County, and the Soil Conservation Service, United States Department of Agriculture. The purpose of the project soil survey for Washington County is to provide current, detailed technical soil data for intensive agricultural land management, assessment of agricultural land, community development, and commercial timber production, and to enter into a cooperative agreement with the Soil Conservation Service and Washington County Soil Conservation District to provide cost-sharing for the updating of the soil survey which would be amortized over the life of the project. Motion made by Commissioner Bowers, seconded by Shank to APPROVE the Soil Survey Agreement. Unanimously approved. FIRE/RESCUE COMPANY AUDITS Michael P. Manspeaker, Partner, Smith Elliott Kearns & Company, and James Young, Finance Director for Washington County, appeared before the Commissioners to discuss Smith, Elliott, Kearns & Company's proposal to perform accounting services for the volunteer fire and rescue companies of Washington County on behalf of the Washington County Commissioners. Smith, Elliott, Kearns would design a standard chart of accounts, a financial statement format and accounting procedures, and would also specify which books and journals should be maintained in a manual system and indicate the procedures that apply in a computerized system. They would introduce the accounting system to the treasurers or representatives of the companies in a session or sessions to be held at convenient times, allowing for questions. They would also work with the treasurer to address the unique needs of each company and provide initial training. Their fee for the accounting system design services described would not exceed $6,750. The Commissioners took the matter under advisement. DISTRIBUTION STATE FIRE AND RESCUE GRANT A request was presented to the Commissioners for authorization to formally disburse the funds for fiscal year 1991 as required by law. in the amount of $21,585.33 for the City of Hagerstown, and $4,317.02 for all other companies in the County. Motion made by Commissioner Snook, seconded by Shank to APPROVE the distribtuion of the State Fire and Rescue Grant described above.. Unanimously approved. JOINT PUBLIC HEARING - AIRPORT PARKING FEES The Commissioners convened the joint public hearing with the Washington County Regional Airport Commission at 11:15 a.m. Airport Commission members present were; Rollan Myers, Jr. Chairman, Edward Henson, Wayne Alter, Jr. and Leigh Sprowls, Airport Manager. Carolyn Rider, Secretary, arrived a few minutes later. Mr. Myers presented the proposed Parking Fees and the T-Hangar Fees, effective: July 1, 1991, which include: Hangar Fees: #1-$85/MO; #2-$85/MO; #3-$85/MO; #4-$195/MO or by Lease; #5-$95/MO; #6-$135/MO; #7-$135/MO & $175/MO. Office Space: $70/MO or by Lease. Commercial Use Rate: $250/MO. Parking Fee: Single Engine - Grass-$35/MO; Macadam-$5.00/overnight; Macadam $40/MO. Light Twin - Grass-$40/MO; Macadam $6.00/overnight; Macadam-$45/MO. Medium Twin - Grass-$50/MO; Macadam $7.00 overnight; Macadam-$65.00/MO. Heavy Twin: - Grass-$80/MO; Macadam-$15.00 overnight $110.00/overnight. Larger Aircraft; Negotiable. Parking charges not applicable to Government or Military Aircraft. Overnight field parking charges will not exceed monthly rates in any one month. There was no one present to speak for or against the proposed fees, and the record was closed for any written comments at this time. The Hearing was closed at 11:30 a.m. MINUTES CONT'D MAY 28, 1991 Motion made by Commissioner Bowers, seconded by Irvin-Craig to APPROVE the proposed Washington County Regional Airport Parking Fees, and the Washington County Regional Airport T-Hangar Fees, as proposed. Unanimously approved. CITIZEN PARTICIPATION Mary Ann Jenneke, a Washington County resident and active in the League of Women Voters, expressed her wishes that the County Commissioners not drop the tax rate proposed for the FY 1991-92 Budget. Jerry DeBaugh, President of the Washington County Farm Bureau stated the Bureau's position concerning the Antietam Battlefield Plan. REZONING 91-4 Motion made by Commissioner Bowers, seconded by Shank to reopen Rezoning Case RZ- 91-4,, which was tabled on May 21, 1991. The applicants are Lawrence and Stanley F. Banks who wish to rezone 5 acres from RU-Residential Urban to BG-Business General for property located on the West side of Eastern Boulevard, 600 feet south of Maryland Route 64 (Jefferson Boulevard). Ralph France, County Attorney, received a letter from Lawrence and Stanley Banks, in regard to Zoning Appeals (AP- 2501). The Banks' have removed all visible trash and rubber products stored on the property with the intent to develop this property into a retail-service-office center. Findings of Fact Motion made by Commissioner Snook, seconded by Bowers, and unanimously approved, to adopt the following Findings of Fact in accordance with Section 27.3 Rezoning Ordinance of Washington County, Maryland. (a) The Report and recommendations of the Planning and Zoning Commission, The Washington County Planning Commission Report and Recommendation dated April 30, 1991 indicates that the Planning Commission voted on April 23, 1991 to recommend approval of the rezoning of the property owned by Lawrence and Stanley Banks. The Commission found as fact that there was a mistake in the original zoning and a BG zoning classification should have been established to include the existing commercial use in the immediate neighborhood. (b) Population change in the area of the property change. The population in Election District 18 (Chewsville) has increased 350% between 1940 and 1980 and is expected to experience an additional increase of 7.6% by the year 2000. In 1970, the population totalled 5,126; in 1980, the population totalled 5,532; in 1990, the estimated population is 5,892; and the projected population for the year 2000 is 6,151. (c) Availability of public facilities in the area. The Washington County Water and Sewerage Plan designates the subject property as W- 3 and S-5. A sixteen inch transmission main for public water is presently located along Jefferson Boulevard (Maryland Route 64) and the closest existing sewer lines are located .65 miles to the south at the intersection of the Dual Highway and Eastern Boulevard. Fire protection is provided for the site by the Longmeadow Volunteer Fire Company, and emergency medical services are provided by the Community Rescue Service located in Hagerstown. The property is served by the County Commuter which has seven daily trips to Smithsburg, via Maryland Route 64 Monday through Friday. The subject site is within the school districts of Pangborn Elementary School, Northern Middle School, and North Hagerstown High School. This reclassification to a BG district would have no impact on the area schools. (d) Present and future transportation patterns in the area. The subject rezoning is located along the west side of Eastern Boulevard, 600 feet south of Maryland Route 64 (Jefferson Boulevard). This parcel has approximately 610 feet of frontage adjacent to Eastern Boulevard. The roadway is classified by the County's Highway Plan as a Minor Arterial roadway. Neither the County nor the City Engineer takes any exception to the proposed rezoning. The State Highway Administration likewise has no comments regarding the subject rezoning. MINUTES CONT'D MAY 28, 1991 (e) Compatibility with 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 At the present time, the parcel requested for rezoning is classified as Residential Urban. To the north of this parcel are various single-family dwelling units along Maryland Route 64, all of which are zoned Residential Urban. Also to the north and lying immediately adjacent to the subject site, is Collins Appliance Store zoned Business Local. Lying to the northeast and across Eastern Boulevard is a .44 acre parcel which houses the Audiocom and the Gravely Centers, zoned Business General. To the east lies the location of the Ewing Oil Company on approximately .4 acres zoned Industrial General. Located to the south of Ewing Oil is the 70.8 acres MKS property annexed into the corporate boundaries of the City of Hagerstown on September 15, 1989, zoned Commercial General in the City of Hagerstown. Immediately to the south and southwest of the Bank's property is a 68 acres tract owned by Aaron Light, zoned R2 (Residential) in the city of Hagerstown. This parcel is unimproved and has crops and woodlands on it. Due to the commercial character of the immediate neighborhood, a change in the zoning classification to Business General does not appear to be incompatible with those existing developments. Some permitted uses, however, in the Business General district may conflict with the existing single-family residences predominent to the immediate north and northwestand also with the 68 acre residentially zoned parcel situated to the south of the Banks' property. (f) The relationship of the proposed change to the Adopted Plan for the county, Development Analysis Plan Map and Policies. The subject parcel is located within the Urban Growth Area for the City of Hagerstown and the County's Comprehensive Plan identifies this as one of the two areas for implementation of land use development policies. This is one of the locations where urban type development will be encouraged. (g) Definition of the neighborhood. The neighborhood for the purposes of the rezoning would include all the adjacent parcels of land, and would extend one-half mile north on Eastern Boulevard, one mile south on Eastern Boulevard, and one-quarter of a mile north and west of the subject site.The immediate neighborhood for the purposes of this rezoning extends along the west side of Eastern Boulevard, 600 feet south of Maryland Route 64 (Jefferson Boulevard). Motion made by Commissioner Shank, seconded by Irvin-Craig, that based on the testimony given, and evidence received, to adopt the Findings of Fact and definition of neighborhood, as presented. Unanimously approved. Rezoning Case RZ 91-4 Motion made by Commissioner Bowers, seconded by Shank, to APPROVE Rezoning Case RZ 91-4 as presented, based on the fact that there was a mistake in the existing zoning classification and there was a convincing demonstration that the rezoning is appropriate and logical, for the subject property, taking into consideration the recommendation of the Planning Commission, and the evidence and adopted findings of fact. Unanimously approved REZONING TEXT AMENDMENT - RZ 91-9 Motion made by Commissioner Bowers, seconded by Snook and unanimously approved to reopen Text Amendment RZ 91-9 which which had been tabled. This proposed text amendment is intended to clarify three items within Section 19.4 "Special Provisions" of Article 19 "HI" Highway Interchange district. Motion made by Commissioner Bowers, seconded by Snook, to APPROVE Rezoning Text Amendment RZ 91-9 as recommended by the Planning Commission. The proposed text amendment will clarify Section 19.4 of the Zoning Ordinance regarding "Principle Permitted" and "Special Exception" uses, status of HI Boundaries, and insure consistent administration of the "HI" section of the Ordinance. Motion carried with Commissioners Roulette, Bowers, Shank, and Snook voting AYE, Commissioner Irvin-Craig voted NO. A copy of the Text Amendment as approved is attached to these minutes. BOARD/COMMISSION REPORTS Commissioner Shank reported on the Solid Waste Advisory Committee Meeting. APPROVAL OF MINUTES - May 14, 1991 Motion made by Commissioner Irvin-Craig, seconded by Bowers to approve the Minutes of May 14th, as corrected. Unanimously approved. MINUTES CONT'D MAY 28, 1991 FARE ADOPTION - COUNTY COMMUTER Motion made by Commissioner Irvin-Craig, seconded by Bowers and Unanimously APPROVED to increase the Bus Fees at the County Commuter, effective July 1, 1991, APPOINTMENTS-HEALTH SYSTEMS AGENCY Motion made by Commissioner Snook, seconded by Bowers to appoint Horace Murphy, Luther Phillips, and George Allen, to the Governing Body of the Western Maryland Health Planning Agency for a three-year term. Unanimously approved. BOND GRANT - DEPARTMENT OF HEALTH AND MENTAL HYGIENE Motion made by Commissioner Shank, seconded by Bowers to approve the application for general obligation bond grants, to complete the addition to the Washington County Health Department. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Shank, Seconded by Irvin-Craig to convene in Executive Session at 1:20 p.m. in regard to personnel and property matters and to confer with the County Attorney, 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 Bowers, seconded by Irvin-Craig, to reconvene in Regular Session at 2:30 p.m. Unanimously approved. BID AWARD -COLE ROAD Motion made by Commissioner Snook, seconded by Shank to award the bid for widening of Cole Road to Fayetteville Contractors, who submitted the low bid meeting specifications, in the amount of $104,617,000. Unanimously approved. RECESS The meeting was recessed at 3:35 p.m. EVENING SESSION The Evening Session was convened at 7:00 p.m. for a Public Hearing by the President Richard E. Roulette, with the following members present: Ronald L. Bowers, Vice President, Linda C. Irvin-Craig, John S. Shank, and Gregory I. Snook. CONSTANT YIELD TAX RATE AND PROPOSED YEAR 1991-92 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 increase property taxes. For the tax year beginning July 1, 1991, the estimated assessable base will increase by 4.6%, from $1,613,824,122 to $1,687,570,129. He also noted the County proposes to adopt a tax rate of $2.21 per $100 of assessed valuation for Fiscal Year 1991-92, as required by the Tax-Property Articles of the Annotated Code of Maryland. This tax rate is 8.3% higher than the constant yield tax rate and will generate $2,920,845 in additional property tax revenues. Mr Teach proceeded in giving a detailed presentation of the proposed General Fund Budget which totals $75,710,000, the Highway Fund budget in the amount of $10,597,684, and the Capital Improvements Budget in the amount of $17,127,243, a decrease of $1,844,937. The Hearing was then opened for public comments and questions. After all testimony was given, Barry Teach announced in accordance with the provisions of the law that were mentioned at the top of the hearing, the Board of County Commissioners will meet this Friday, May 31, 1991, at 3:30 p.m in the Commissioners' Meeting Room, on the second floor in room 227, at 100 West Washington Street, Hagerstown, Maryland, to adopt the tax rate and budget for Fiscal Year 1991-92. The Hearing was closed by President Roulette at 9:10 p.m. and the meeting was adjourned. County Attorney ,Clerk , Secretary Prepared by