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HomeMy WebLinkAbout920310 March l0, l992 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 Irvin-Craig, followed by the Pledge of Allegiance to the Flag by the full assemblage. CERTIFICATE OF APPRECIATION - WESTERN MARYLAND CONSORTIUM Commissioner Roulette presented a Certificate of Merit to Peter Thomas representing the Western Maryland Consortium in recognition of the high level of success achieved through their programs and in appreciation of the dedication of the staff. Commissioner Roulette stated that the Commissioners are proud to be associated with the Consortium and that they have been a source of pride for the community for a long period of time. Mr. Thomas introduced the staff members in attendance and thanked the Commissioners for their support. HOPEWELL ROAD PHASE III Motion made by Commissioner Bowers, seconded by Snook, to acquire two parcels of land owned by John C. Wintermoyer, Grace Litton, William F. Wintermoyer, Earl E. Wintermoyer, and Ida M. Wintermoyer, with one parcel consisting of l,940 sq. ft. and the other, 3l,363 sq. ft, along with 3 perpetual easements of 9,3l4 sq. ft., 700 sq. ft. and l50 sq. ft. and a revertible easement of 9,975 sq. ft. Unanimously approved. BOARD/COMMISSION REPORTS Commissioner Irvin-Craig reported on the Historic District Commission meeting and the Task Force on Homelessness meeting; Commissioner Snook reported on the Recreation Commission meeting; and Commissioner Shank reported on the informational meeting on the rubble landfill. APPROVAL OF MINUTES - FEBRUARY 25, 1992 & MARCH 3, 1992 Motion made by Commissioner Irvin-Craig, seconded by Snook, to approve the minutes of February 25, l992, and March 3, l992, as submitted. Unanimously approved. BOARD OF EDUCATION - MATERIALS OF INSTRUCTION Motion made by Commissioner Shank, seconded by Snook, to guarantee at least the present year's funding of $5l0,000 for purchase of textbooks and instructional materials for the Board of Eduction in Fiscal year l992-93, which will allow them to proceed in ordering materials for the next school term. Unanimously approved. MARCH 10, 1992 MINUTES, CONT'D. BID AWARD - TRUCK WAGON - MAUGANSVILLE VOLUNTEER FIRE COMPANY Motion made by Commissioner Bowers, seconded by Shank, to approve the bid award for a truck wagon for the Maugansville Volunteer Fire Company to Curtis Chevrolet who submitted the low bid of $20,385, which will be purchased by the Fire Company. Unanimously approved. APPOINTMENT - WEED CONTROL COMMITTEE Motion made by Commissioner Snook, seconded by Shank, to appoint Ronnie Ridenour to the Weed Control Committee to replace Al Shoemaker. Unanimously approved. CONSULTANT SELECTION - INSPECTION OF MINOR STRUCTURES Motion made by Commissioner Shank, seconded by Snook, to approve the recommendation of the Coordinating Committee to select the firm of Rummel, Klepper and Kahl, who submitted the low proposal of $ll,700, for inspection of minor structures. Unanimously approved. REZONING CASES - RZ-91-16 AND RZ-91-21 RZ-91-16 Motion made by Commissioner Shank, seconded by Bowers to accept the definition of neighborhood and the following findings of fact presented by the County Attorney for RZ-9l-l6, together with the report and recommendation of the Planning Commission in accordance with Section 27.3 of the Zoning Ordinance. Motion carried with Commissioners Bowers, Irvin- Craig, Shank and Roulette voting AYE and Commissioner Snook voting NO. (a) The report and recommendations of the Planning and Zoning Commission. On March 2, 1992, and by report dated March 3, 1992, the Washington County Planning Commission voted to recommend APPROVAL of RZ-91-16. As indicated in its report, the Planning Commission considered information pertaining to the property's location and physical features, the population change in the vicinity, the availability of public facilities to the site, present and future transportation patterns, the relationship to the adopted Comprehensive Plan and compatibility with development in the area, the purpose of the requested "IM" district, applicable policies of the comprehensive plan, the compatibility with adjacent lands, and the effect on public roadways. (b) Definition of the Neighborhood. The neighborhood consists of those properties located within 1/2 mile of the boundaries of the subject property including the property owned by Cushwa Brick to the immediate east. (c) Population change in the area of the property change. The property which is the subject of RZ-91-16 is located in Election District 2, the Williamsport Election District. In 1970, the population was approximately 4,057, it increased to 4,718 in 1980, and it decreased to 4,345 in 1990. The total change in population from 1970 to 1990 was 7%. The population in this district is growing slightly. (d) Availability of public facilities in the area. The Washington County Water and Sewerage Plan assigns Service Priority Designations of W-7 and S-7 to this site. No public water or sewerage facilities therefore are planned to be provided in the ten year planning period. Residents in the area rely on individual septic systems and wells. This property is located in the service areas of the Williamsport Fire Company and Williamsport Ambulance Service. There are no Washington County Commuter routes serving this site. The nearest route of the Washington County Commuter is the Hagerstown-Williamsport route. Williamsport is approximately 1 1/2 miles to the southeast. Williamsport Elementary School, Springfield Middle School, and Williamsport High School service this area. Enrollment in all three schools is below capacity. The rezoning would have the effect of reducing the possibility of additional students since the site before rezoning would allow residential development while a change to Industrial, Mineral would not allow residential development. (e) Present and future transportation patterns in the area. The site of this rezoning is located on the southwest side of Maryland Route 68. This roadway is classified by the Washington County Highway Plan as a Major Collector. The State Highway Administration has commented that it has no objection to the rezoning. However, if the rezoning is approved, the State Highway Administration would require that the existing entrance be upgraded to current commercial standards. Prior to site plan or building permit approval, a State Highway Administration Commercial Access Permit must be obtained to construct the entrance and improvements. Traffic count in 1973 was approximately 975 vehicles per day which increased to 4,900 vehicles per day in 1988. There MARCH 10, 1992 MINUTES, CONT'D. has been a consistent growth in traffic on the highway with a substantial increase between 1980 and 1991. Since the implementation of zoning in 1973, the number of vehicles on the road has grown by more than 400%. (f) 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 vicinity of this property can be described as rural with agricultural activity and a generous scattering of single-family residences. Most dwellings are close to the highway but there are some stretches of road with little development. Property owned by Cushwa Brick Company is adjacent to the east side of this property. That company mines the shale on its site for use in its brickmaking operations further to the east. That site was recently rezoned to Industrial Mineral. On the north side of Maryland Route 68 is extensive farmland and six to eight dwellings. Residential properties are located immediately adjacent to the two northern property corners along the highway. The Martin Marietta Limestone quarry is located approximately 1 1/2 miles to the west but is not visible from the rezoning site. It may not be considered as part of the neighborhood. Although there may not be conflict with the Cushwa property to the east where similar activity is being performed as is contemplated on this property, residents in the area may fear that mineral extraction operations are becoming too concentrated in their neighborhood. There are no historic sites in the immediate neighborhood. The proposed use and zoning classification is compatible with existing and proposed development in the immediate area. (g) The relationship of the property change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The Hetzer rezoning site is located in the Rural-Agricultural area of Washington County specified by the Plan for Washington County. The Plan espouses policies and recommendations for major categories of development such as Mining. Industrial Mineral districts should be protected from encroachment by land uses which would be incompatible with their continued operation or with future expansion of activities in the district. The Hetzer site has less than 50% "Productive Capability" soils for farming, and these are the least important of all soils of six categories identified for agricultural purposes. (h) Additional Information Required in Establishing a New "IM" District. The Planning Commission has considered, and the Board of County Commissioners of Washington County has taken into consideration, the purpose of the "IM" district established in the Zoning Ordinance. The applicable policies of the Comprehensive Plan and compatibility of the proposed district for the adjacent lands have been considered. The effect of the mineral extractive operations on the public roadways will not be excessive. Motion made by Commissioner Bowers, seconded by Shank, based on the findings of fact as adopted, the report and recommendation of the Planning Commission in accordance with Sections l5.2 and 27.3 of the Zoning Ordinance of Washington County, the definition of neighborhood, that there has been a convincing demonstration that the property should be rezoned and that the rezoning is appropriate and logical for the subject property. Motion carried with Commissioners Bowers, Irvin-Craig, Shank and Roulette voting AYE and Commissioner Snook voting NO. Motion made by Commissioner Shank, seconded by Bowers, based upon the previous Motions, that the property in case RZ-9l-l6 be rezoned from "A"- Agriculture, to "IM"- Industrial Mineral. Motion carried with Commissioners Bowers, Irvin-Craig, Shank, and Roulette voting AYE and Commissioner Snook voting NO. RZ-91-21 Motion made by Commissioner Bowers, seconded by Snook, to approve rezoning text amendment RZ-91-21, submitted by the Potomac Edison Company, for modifications to Section l2.2(a) and addition of a new section l2.6(e) to the Zoning Ordinance as presented at Public Hearing, with the following clarifications as recommended by the Planning Commission: A) adding "retail building material sales conducted in an enclosed structure" to the Principal Permitted Uses in Section l2.l(a), and B) paragraphs A through E of l2.6(e) should be numbered l through 5. Unanimously approved. ADEQUATE PUBLIC FACILITIES ORDINANCE Robert Arch, Director of the Planning Department, met with the Commissioners as required by Article XI of the Adequate Public Facilities Ordinance, to submit a report to them indicating whether there is a continuing need for the Ordinance or suggested amendments. Mr. Arch noted that this report covers the period June l, l99l through December l, l99l. He reviewed the activities within the 6 month MARCH 10, 1992 MINUTES, CONT'D. period and suggested amendments for determining adequacy of existing County roads, for a more precise definition for determining agricultural purpose and tracking exemptions, and the need to develop a policy to be used for determining whether or not a school is over capacity. Mr. Arch informed the Commissioners that the Planning Commission, at their meeting on March 2, l992, voted to recommend that there is a continuing need for the Ordinance and to encourage them to adopt impact fees and create a Department of Public Works. Motion made by Commissioner Irvin-Craig, seconded by Bowers, to continue the implementation of the Adequate Public Facilities Ordinance as recommended by the Planning Commission. FUTURE ROLE - HAZARDOUS WASTE INCINERATION STUDY COMMITTEE James Mosher, Chairman of the Hazardous Waste Incineration Study Committee, discussed the future role of this committee now that the State Department of the Environment has enacted a moratorium on all permits for incineration of hazardous waste in the State. After discussion, the Commissioners asked Mr. Mosher to review this with the Committee to get their opinions. CITIZEN PARTICIPATION Donald Allensworth expressed concerns regarding the Adequate Public Facilities Ordinance. Peggy Koontz, a property owner on Bower Avenue, asked when public sewer service may be provided to this area. Lynn Palmer, Executive Director of the Sanitary District, informed her that if there is support for this project, they could be starting construction for public sewer to this area in l993. COST ANALYSIS - SOUTH COUNTY SEPTAGE RECEIVING/TREATMENT, RAW SEWAGE RECEIVING STATION AND GREASE RECEIVING/TREATMENT Lynn Palmer, Executive Director of the Sanitary District, appeared before the Commissioners to present a cost analysis and options for the construction of a South County septage receiving/treatment station, raw sewage receiving station and grease receiving/treatment station. He summarized that the costs would be too great for them to recover even the interest to build such a facility. The Commissioners suggested that he contact the Town of Boonsboro to see what capacity they have and if they would be interested in making a facility available. The Commissioners also suggested that they contact the City of Hagerstown and Maryland Correctional Institution. Mr. Palmer also discussed problems in treating grease and suggested several alternatives. Commissioner Roulette stated that if the other alternatives do not work, the Commissioners may consider installing a drying bed at the landfill. MODIFIED AGREEMENT - BROWNING-FERRIS INDUSTRIES Motion made by Commissioner Shank, seconded by Snook, to approve the modified agreement with Browning-Ferris Industries for collection of recycling containers, as presented and approved by the County Attorney. Unanimously approved. TERMINATION OF RIGHT OF FIRST REFUSAL AGREEMENT - M.P. MOLLER, INC. Motion made by Commissioner Snook, seconded by Irvin-Craig, to approve the termination of the agreement for Right of First Refusal with M. P. Moller, Inc. for purchase of the specified 8.l acre parcel in the Airport Industrial Park, as presented by the County Attorney. Unanimously approved. RECESS - LUNCH The Meeting was recessed at l2:l6 p.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at l2:40 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 l2:42 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. (Commissioner Shank was excused from the Meeting at l:l5 p.m. and returned at 2:37 p.m.) RECONVENE IN REGULAR SESSION Motion made by Commissioner Shank, seconded by Snook, to reconvene in Regular Session at 3:35 p.m. Unanimously approved. MARCH 10, 1992 MINUTES, CONT'D. RECESS The meeting was recessed at 3:36 p.m. in order to meet with the Mayor and Councilmembers of the City of Hagerstown regarding tax differential. MEETING WITH CITY OF HAGERSTOWN The Commissioners met with the Hagerstown Mayor at Council at 4:00 p.m. in Hagerstown City Hall. The following members were in attendance: Mayor Steven Sager, and Councilmembers William Breichner, Robert Smith, John Schnebly, Susan Wicklein, and Fred Kramer. Les Terry of the U. S. Department of Agriculture, appeared before the group to discuss possible ways to deal with the crow infestation problem. He suggested a method of persistent harrassment by use of a distress tape, noise, fireworks, and lighting. He stated that this should be started in the fall when the crows return and this method has the advantages of being non-controversial, relatively cheap, and everyone can participate. The disadvantage is that it is an on-going program which must be repeated each year. The Commissioners also discussed the consolidation of the Hagerstown/Washington County Recreation Commission with the Parks Department, the City's contribution to the Economic Development Commission, the Enterprise Zone application, and requested improvements to Warner Hollow Road. Mayor Sager requested that the County commit to paying one-half of the local match remaining for the construction of Wesel Boulevard. Barry Teach stated that the County's commitment was capped at $500,000 and was paid sometime ago when the project was estimated to cost $l million. The Mayor requested that the County pay an additional $l53,665, representing one-half of the project cost in excess of $l million even though they did not commit to this funding. Mayor Sager informed the Commissioners that the next portion of Eastern Boulevard is estimated to cost $3.2 million and requested the Commissioners agree to a payment schedule for 50% of the costs. Commissioner Roulette stated that the funds would have to come from the bond monies and they have not as yet decided on the amount of bond funds to be issued, but it would be submitted as a capital project in the Fiscal Year l993-94 budget. 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. Mr. Teach stated that for Fiscal Year l99l-92 Hagerstown would receive $5l3,76l. For Fiscal Year l992-93, Mr. Teach reported that the estimated payment is $546,597, but this will be subject to audit. Mayor Sager expressed concerns about the $24,236 lost in the budget cuts. Commissioner Irvin-Craig informed City Officials that the County Attorney researched minutes and found that the City had agreed in February of l972 to provide in-kind facilities for the County Commuter facility, but that this has never taken place. ADJOURNMENT Motion made by Commissioner Snook, seconded by Bowers, to adjourn at 5:45 p.m. Unanimously approved. County Attorney , Clerk