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February 4, 1992
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 members present: Vice President Ronald L.
Bowers, and Commissioners Linda C. Irvin-Craig, Gregory I. Snook, and John
S. Shank.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was delivered by Commissioner Roulette, followed by the
Pledge of Allegiance to the Flag by the full assemblage.
SERVICE REDUCTION RECOMMENDATIONS - COUNTY COMMUTER
Keith Godwin, Manager of the County Commuter, met with the Commissioners to
review the recommendations for service reductions for the County Commuter
which were presented at the public hearing held on January 7, l992, and
three options proposed for their consideration. The Commissioners discussed
the various options and the savings they represent, and the public hearing
scheduled for the 30% fare increase. Commissioner Roulette stated that it
is the consensus of the Commissioners that some level of evening service to
Long Meadow Shopping Center and the Valley Mall be maintained.
Motion made by Commissioner Irvin-Craig, seconded by Snook, to adopt Plan C
as proposed by the County Commuter to cut certain services in Routes 2, 3,
and 4 as heard at the public hearing held on January 7, l992, but to
maintain the evening service Long Meadow/Valley Mall routes and to proceed
with plans to initiate a 30% rate increase. Unanimously approved.
OPTION - HOPEWELL ROAD PROJECT PHASE III
Motion made by Commissioner Bowers, seconded by Snook, to approve the option
for acquisition of a right-of-way from Floyd R. Kline Investments, Inc., for
l8,l73 sq. ft. in Fee Simple, 450 sq. ft. in Perpetual Easement and 5,362.4
sq. ft. in Revertible Easement for the Hopewell Road Phase III. Unanimously
approved.
LETTER OF INTENT - WATER/SEWER PLAN AMENDMENT
Barry Teach, Administrator, informed the Commissioners of a letter received
from the Maryland Environmental Service on their plans to extend a water
line in the Halfway area because existing lines are inadequate to meet the
fire flow requirements as established by the State Fire Marshall. The State
is requesting that Washington County include this in their biennial update
of the Water & Sewer Plan. Mr. Teach also indicated that the State is
requesting that the County send a letter stating the intention to include
this project in the updated plan so they may begin the process of hiring an
engineering firm and obtaining necessary permits and easements. David
Schindle, from the Hagerstown Water Department, spoke in support of the
project.
Motion made by Commissioner Shank, seconded by Snook, to send a letter of
intent to the Maryland Environmental Service that Washington County plans to
include the State's water line extension in the Halfway area in the biennial
Water & Sewer Plan update. Unanimously approved.
BOARD/COMMISSION REPORTS
Commissioner Irvin-Craig reported on the Ad Hoc Committee studying Antietam
Station and her meeting with the Criminal Justice Treatment Center
Coalition; and Commissioner Bowers reported on the Planning Commission
meeting.
APPROVAL OF MINUTES - JANUARY 21, 1992
Motion made by Commissioner Irvin-Craig, seconded by Shank, to approve the
minutes of January 2l, l992, as submitted. Unanimously approved.
LINE ITEM TRANSFER - PERMITS DEPARTMENT
Motion made by Commissioner Bowers, seconded by Irvin-Craig, to approve the
request to transfer $l,l73 from Other (0l-4-0000-320-039) to Printing - Code
Books (0l-5-l23l-522-0l0) in the Permits Department budget to allow the
purchase of additional Code Books. Unanimously approved.
BID AWARD - EMERGENCY AIR UNIT VEHICLE
Motion made by Commissioner Irvin-Craig, seconded by Bowers, to approve the
sale of the emergency air unit vehicle to George's Dive Shop, who submitted
the only bid of $2,800. Unanimously approved.
BLAIRS VALLEY ROAD - TRAFFIC CONDITIONS
Terry McGee, County Engineer, appeared before the Commissioners to discuss
the traffic problems on Blairs Valley Road since the opening of the
Whitetail Ski Resort in Pennsylvania. Mr. McGee noted that Whitetail
provided him with a traffic impact study but the volume of traffic has
exceeded these projections. Mr. McGee stated that they are continuing to
monitor the situation and are
FEBRUARY 4, 1992
MINUTES, CONT'D.
looking at long-term effects. He reported that he has contacted the State
Highway Administration, and they have agreed to provide their expertise in
handling traffic management problems and will readjust the timing on the
signal located at the intersection of Routes 68 and 40 to help relieve the
back up onto the exit ramp of Interstate 70. The Roads Department has made
improvements at the intersection of Blairs Valley Road and Broadfording
Road, and are looking at areas where spot improvements could be made.
William Albowicz, Councilmember from the Town of Clear Spring, noted some of
the economic advantages the County is receiving as a result of the resort
and suggested getting the County's Economic Development Commission involved
to help strengthen and further benefit the County.
REQUEST FOR VEHICLE REPLACEMENT - SHERIFF'S DEPARTMENT
Sheriff Charles Mades appeared before the Commissioners to request
authorization to replace 9-l0 vehicles in his department. He advised the
Commissioners that these vehicles meet the policy for replacement and that
the County may purchase these vehicles under the State's contract for the
purchase price of $l2,083 per unit, which will not be invoiced until next
fiscal year. The Commissioners took this matter under advisement at this
time.
CITIZEN PARTICIPATION
James Mosher expressed concerns on the impact of the ski resort on the
Indian Springs Wildlife Management area in Blairs Valley.
Samuel Ausherman expressed concerns regarding the septic system problems in
the Bower Avenue area.
CONVENE IN EXECUTIVE SESSION
Motion made by Commissioner Shank, seconded by Irvin-Craig, to convene in
Executive Session at ll:l5 a.m. in regard to personnel and property matters
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 Shank, seconded by Snook, to reconvene in
Regular Session at l2:45 p.m. Unanimously approved.
EMPLOY SALES REPRESENTATIVE - VISITORS & CONVENTION BUREAU
Motion made by Commissioner Bowers, seconded by Snook, to employ Joyce
Stinnett as Sales Representative for the Visitors & Convention Bureau,
conditioned upon approval by the Visitors & Convention Bureau Executive
Board. Unanimously approved.
APPOINTMENT - GOLF COURSE CORPORATION
Motion made by Commissioner Snook, seconded by Shank, to appoint James
Golden to the Golf Course Corporation for a three year term. Unanimously
approved.
TERM LIMITS FOR APPOINTED BOARDS & COMMISSIONS
Motion made by Commissioner Snook, seconded by Irvin-Craig, to adopt a
policy setting term limits for appointed boards and commission members of 2
consecutive terms to become effective immediately. The policy will not be
retroactive and appointments to fill unexpired terms will not be considered
a full term. Unanimously approved.
WAIVER - PERMITS DEPARTMENT
Motion made by Commissioner Shank, seconded by Bowers, to approve the
request of David Bielata to waive the requirement that his l99l taxes be
paid before he is issued a plumbing and electrical permit. Unanimously
approved.
REZONING AMENDMENT - RZ-91-14
Motion made by Commissioner Snook, seconded by Bowers, and unanimously
approved, to accept the definition of neighborhood and the following
findings of fact presented by the County Attorney for RZ-9l-l4, together
with the report and recommendation of the Planning Commission in accordance
with Section 27.3 of the Zoning Ordinance:
(a) The report and recommendations of the Planning and Zoning
Commission.
The Washington County Planning Commission at a special meeting on November
18, 1991 recommended APPROVAL of the rezoning of property owned by David and
Patricia Schooley to Agricultural with Historic Preservation Overlay. The
Commission's decision was rendered upon due consideration of the testimony
given at the public hearing on September 16, 1991, all correspondence
received in lieu of public
FEBRUARY 4, 1992
MINUTES, CONT'D.
testimony during the ten day period following the public hearing, and staff
reports dated August 20, 1991 and October 3, 1991. The Planning Commission,
in accordance with Section 20.4 and 20.5 of the Zoning Ordinance, determined
that the structure and associated parcel of land meet the criteria for the
establishment of an "HP" Overlay Zone.
(b) Population change in the area of the property change.
In 1970, the population was approximately 5,126, and it increased to 5,532
in 1980, and it is expected to increase to 6,712 in 1990. The proposed
overlay zone is in Election District 18 and it shows steady, progressive
population growth.
(c) Availability of public facilities in the area.
According to the Washington County Water and Sewerage Plan, the subject
property has service priority designations of W-7 and S-7 indicating that
public water and sewerage facilities are not planned for the property. The
Leitersburg Volunteer Fire Company and the Hagerstown Community Rescue
Service provide emergency services to the site. The County Commuter has no
routes with a close proximity to the site. The property is located in the
Old Forge Elementary, Smithsburg Middle and High School districts.
Application of the Historic Preservation Overlay Zone in no way affects the
number of students that may be generated from this site. Current enrollment
in all three schools is below capacity.
(d) Present and future transportation patterns in the area.
The Schooley property has a total of 2700 feet of public road frontage with
both Clopper and Old Forge Roads. The area subject to this case only
contains 600 feet of frontage on Clopper Road. Both roads are classified by
the Washington County Highway Plan as local.
(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.
The Historic Preservation Overlay Zone is compatible with the surrounding
properties. Adjacent zoning in the area of the Schooley property is
Agricultural. The Historic Preservation Overlay Zone does appear directly
to the south of the property for the stone arch bridge that carries Old
Forge Road across the Antietam Creek. Existing land uses in this area are
basically Agricultural in nature with a few inclusions of large lot, single-
family residential development.
(f) The relationship of the property change to the Adopted Plan for
the County, Development Analysis Plan Map and Policies.
The site is located in the area of Washington County identified by the
Comprehensive Plan as Rural/Agricultural area. Since the requested Historic
Preservation Zone is an overlay and does not change the underlying,
traditional land use controlling zone, in this case Agricultural, the
Historic Preservation Zone is not viewed as changing the status of the site
and its relationship to the Plan designation. The application of the
Historic Preservation Zone to this particular site meets the goals of the
Comprehensive Plan by ensuring that the properties requesting this zone meet
a minimum level of historic significance, that any future building permits
for exterior construction activity are reviewed and approved according to a
specific set of guidelines aimed at preserving the features making the site
worthy of identification, and acts as an incentive for new construction
attached to an eligible building or rehabilitation of an existing building.
(g) Definition of the Neighborhood.
The neighborhood for the tract subject to the requested Historic
Preservation Overlay owned by David and Patricia Schooley is 1/2 mile in
radius from the center of the parcel of land for which the "HP" Overlay
designation is requested.
(h) Criteria for establishment of "HP" Overlay Zone.
Section 20.5 establishes criteria for establishment of an "HP" Overlay Zone.
The Old Forge House which is the subject of this HP Overlay Zone is
primarily significant for its architecture. With its surrounding property,
the structure is important as part of an iron and milling operation,
contributing to early commerce and industry on a regional scale. Since the
iron operation owned by Hughes family, which originally owned this property,
is known to have produced weapons for the Revolutionary War and the War of
1812, the site also has potential military significance. Daniel Hughes, one
of the original owners of the farm, can be credited as being one of the
original Washington County Commissioners. The Old Forge House represents an
early 1800 Century stone dwelling, one of the oldest still standing in the
County. The Schooley property, subject of RZ-91-14, was listed on a
National Register of Historic Places on December 18, 1979 as the Old Forge
Farm. Because of the above, this site
FEBRUARY 4, 1992
MINUTES, CONT'D.
qualifies for the "HP" designation in accordance with Section 20.5 of the
Zoning Ordinance of Washington County.
Motion made by Commissioner Irvin-Craig, seconded by Bowers, that based upon
the findings of fact, the report and recommendation of the Planning
Commission, and the definition of neighborhood, there is a convincing
demonstration that a Historic Preservation Overlay Zone should be
established on the Schooley property as requested in RZ-9l-l4. Unanimously
approved.
Motion made by Commissioner Bowers, seconded by Irvin-Craig, based upon the
previous Motions, to approve RZ-9l-l4 to establish a Historic Preservation
Overlay Zone on the Schooley property. Unanimously approved.
RECESS - LUNCH
The Commissioners recessed at l2:50 p.m. for lunch.
AFTERNOON SESSION
The Afternoon Session was convened at l:30 p.m. by the President, Richard E.
Roulette, with the following members present: Vice President Ronald L.
Bowers and Commissioners Linda C. Irvin-Craig, John S. Shank, and Gregory I.
Snook.
CONVENE IN EXECUTIVE SESSION
Motion made by Commissioner Snook, seconded by Shank, to convene in
Executive Session at l:35 p.m. in regard to personnel and property matters
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.
(Personnel evaluations were conducted from 2:40 p.m. to 3:45 p.m.)
RECONVENE IN REGULAR SESSION
Motion made by Commissioner Bowers, seconded by Snook, to reconvene in
Regular Session at 4:00 p.m. Unanimously approved.
RECESS
The Meeting was recessed at 4:l0 p.m.
EVENING SESSION - TOWN OF BOONSBORO
The Evening Session was convened at 7:00 p.m. by the President Richard E.
Roulette with the following Commissioners present: Vice President Ronald L.
Bowers, Linda C. Irvin-Craig, John S. Shank and Gregory I. Snook. Also in
attendance were Charles "Skip" Kauffman, Mayor of Boonsboro, and
Councilmembers Richard Gross, Kevin Chambers, Howard Long, Robert Shifler,
and Richard Hawkins.
Tax Differential
Barry Teach, Administrator, stated that pursuant to Section 6-305 Tax-
Property Article of the Annotated Code of Maryland, the Commissioners are
required to meet with each municipality annually to discuss the tax
differential or payment-in-lieu of taxes program. He informed the Town
officials that their actual payment for FY l99l-92 will be $35,578 and the
estimated payment for Fiscal Year l992-93 based on the current budget is
$37,704 but this will be adjusted subject to the County's audit.
The Commissioners also discussed the Center Street project, revenue
shortfalls, the possibility of assigning a deputy to the Town of Boonsboro,
and the status of the Monroe Road and King Road bridges.
ADJOURNMENT
Motion made by Commissioner Shank, seconded by Irvin-Craig, to adjourn at
8:00 p.m.
County Attorney
,
Clerk