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HomeMy WebLinkAbout921201 December 1, 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, John S. Shank, and Gregory I. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full assemblage. BOARD/COMMISSION REPORTS Commissioner Irvin-Craig reported on the Economic Development Commission meeting and tour, the Airport Commission meeting, the Historical Advisory Committee meeting, and the Joint Alcoholism & Drug Abuse Advisory Committee; and Commissioner Shank reported on the Transportation Advisory Committee meeting. AMENDMENT - URBAN GROWTH AREA WATER & SEWER STUDY James Brittain, Associate Planner, met with the Commissioners to request their approval of an amendment to the contract with BCM Engineers, Inc., for the Urban Growth Area Water & Sewer Study. Mr. Brittain explained that the amendment would extend the contract period from January 1, 1993, to January 31, 1993, and would add a total of $4,418 for costs associated with the public meeting and public hearing, of which the County share would be $2,209. Motion made by Commissioner Irvin-Craig, seconded by Snook, to approve Amendment 3 to the Urban Growth Area Water & Sewer Study with BCM Engineers, Inc., to extend the contract period to January 31, 1993, and to provide the additional County portion of $2,209 for costs associated with the public meeting and public hearing. Unanimously approved. ROAD NAME CHANGES Robert Arch, Director of the Planning Department, submitted a list of proposed road name changes and new road names for those located in the grey area for the Commissioners information and review. T-HANGAR RATE SCHEDULE Motion made by Commissioner Bowers, seconded by Irvin-Craig, to approve the revised fee schedule for monthly T-hangar rental rates as recommended by the Airport Commission. Unanimously approved. DISASTER DRILL REPORT Kathleen Riley, Chief of the Division of Citizen Services, and Ronald Karn, Chief of Fire & Rescue Communications, appeared before the Commissioners to provide a report on the Air Disaster Drill held at the Regional Airport on November 7. Ms. Riley introduced those in attendance who were members of the Disaster Planning Committee. Mr. Karn stated that the committee met on November 10 to evaluate the drill and discussed their recommendations with the Commissioners. The Commissioners thanked the Committee for their efforts and for doing an excellent job in staging the drill. REZONING CASE RZ-92-12 Motion made by Commissioner Snook, seconded by Irvin-Craig, to accept the definition of neighborhood and the following Findings of Fact, together with the report and recommendation of the Planning Commission. Unanimously approved. (a) The report and recommendations of the Planning and Zoning Commission. The Washington County Planning Commission took action at a Special Meeting on November 10, 1992 to recommend APPROVAL of the rezoning of the property owned by Wayne and Carol Gersen. The Commission's decision was rendered upon due consideration of the testimony given at the public hearing on September 21, 1992, all correspondence received in lieu of public testimony during the 10-day period following the public hearing and staff reports dated August 20, 1992 and October 30, 1992. 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 specifically referencing the inclusion of this structure on the Historic Register. (b) Definition of the Neighborhood. The neighborhood extends one mile in either direction from the subject property on Manor Church Road and one-half mile to the north and south of the subject property. DECEMBER 1, 1992 MINUTES, CONT'D. (c) Population change in the area of the property change. The subject property is located within Election District 19 and directly on the boundary between this district and Election District 12 which runs along Manor Church Road. The Staff Report and Analysis dated August 20, 1992 provided changes in population for both districts. The population in Election District 19 went from 1,011 in 1970 to 1,216 in 1980, and 1,259 in 1990. The population in Election District 12 likewise increased from 1,720 in 1970, to 2140 in 1980, and 2,396 in 1990. (d) Availability of public facilities in the area. Public water and sewer facilities are not planned for the foreseeable future in this area and the subject property has service priority designations of W-7 and S-7. Fire protection is provided by the Fairplay Volunteer Fire Company located 2 to 3 miles to the west of this site, and ambulance service comes from the Sharpsburg facility located 6 to 8 miles to the south of subject site. There are no public transportation routes serving this site. The schools serving this site include Boonsboro Elementary School, Boonsboro Middle School, and Boonsboro High School. The Historic Preservation Overlay zone will not affect the number of students that may be generated from this site. (e) Present and future transportation patterns in the area. The subject site is along Manor Church Road which is classified as a Local road on the Washington County Highway Plan. There are no traffic counts available. This road is generally in good condition and has recently been widened. The surface width ranges from 16 to 22 feet. Several homes along Manor Church Road have collectively been designated the Manor Church Road Historic District which was nominated for placement on the National Register for Historic Places in 1977. The nomination form indicates that the Manor Church Road Historic District is significant as an agricultural community which remains with few alterations from its original form and composition. The application for the Historic Preservation Overlay Zone is not expected to affect transportation patterns. (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 Historic Preservation Overlay Zone does not affect the underlying land use which remains zoned Agricultural. It does not change the uses allowed or not allowed on the land. There would therefore be no incompatibility with existing or proposed development in the area which also has an Agricultural zone designation. (g) The relationship of the property change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The subject site is located in an area designated by the Comprehensive Plan as the Rural/Agricultural area for Washington County. Since the requested Historic Preservation Zone is an overlay and does not change the underlying Agricultural zone, 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 site meets the goals of the Comprehensive Plan in several ways, namely, the new text of the Zoning Ordinance under Historic Preservation sets clear and specific guidelines or standards under which rezoning applications such as this are to be considered and it ensures that properties requesting the Historic Preservation Zone meet a minimum level of historic significance. The requested Historic Preservation Overlay Zone requires that any future building permits for exterior construction activity are reviewed and approved according to a specific set of guidelines that are aimed at preserving the features that make this site worthy of identification. The proposed application of the Historic Preservation Zone to this property is fully compatible with the adopted Plan for the County. (h) Criteria for establishment of an "HP" Overlay Zone The subject site meets the criteria mentioned in Section 20.5 of the Zoning Ordinance of Washington County since it is listed in the National Register of Historic Places. It has significant character, interest, and value as part of the development, heritage, and cultural characteristics of Washington County and exemplifies the cultural, economic, social, political, and historic heritage of Washington County. Motion made by Commissioner Snook, seconded by Irvin-Craig, that the subject site meets the criteria for establishment of an "HP - Historic Preservation Overlay Zone in accordance with Section 20.5 of the Zoning Ordinance. Unanimously approved. DECEMBER 1, 1992 MINUTES, CONT'D. Motion made by Commissioner Irvin-Craig, seconded by Snook, that based on the Findings of Fact as approved, the report and recommendation of the Planning Commission, the fact that there has been a determination that the subject site meets the criteria mentioned in Section 20.5 of the Zoning Ordinance, there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property. Unanimously approved. Motion made by Commissioner Irvin-Craig, seconded by Snook, that based upon the previous motions, the property be rezoned from "A"-Agriculture to Agriculture with an HP overlay. Unanimously approved. PUBLIC INFORMATION MEETING - DEPARTMENT OF THE ENVIRONMENT Barry Teach, County Administrator, informed the Commissioners that the Department of the Environment has scheduled a public information meeting for December 21 at 7:00 p.m. at the Hancock Community Center with regard to the Sewage Sludge Application Permit for the Sylvester Golden property. TRANSPORTATION COMMISSION RECOMMENDATION - LAKESIDE PARK Barry Teach reviewed a recommendation from the Transportation Commission to provide trial service on a 90-day basis to Lakeside Park. He noted that the memorandum from Keith Godwin, Manager of the County Commuter, indicated that this would require 1,240 additional miles and 70 overtime hours for drivers annually at a cost of $2,000. Although the Commissioners stated they would like to provide this additional service, they hesitated to endorse the recommendation due to budget constraints and discussed proposed route changes. The Commissioners took the recommendation under advisement at this time and requested that the Transportation Commission review routes to see if there is a more cost effective manner to provide the service. CITIZEN PARTICIPATION Donald Allensworth, 1101 Dual Highway, spoke to the Commissioners regarding several newspaper articles and the McCleary rezoning application. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Snook, seconded by Shank, to convene in Executive Session at 11:09 a.m. with regard to personnel and property matters, to confer with the County Attorney to obtain legal advice, and to consider businesses relocating within Washington County, in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECESS - LUNCHEON AT DEPARTMENT OF SOCIAL SERVICES The Commissioners recessed at 12:07 p.m. in order to attend a luncheon at the Department of Social Services and reconvened at 1:38 p.m. in Closed Session. RECONVENE IN REGULAR SESSION Motion made by Commissioner Snook, seconded by Shank, to reconvene in Regular Session at 2:08 p.m. Unanimously approved. LOAN AGREEMENT - CHIEF Motion made by Commissioner Shank, seconded by Irvin-Craig, to agree to loan $150,000 to CHIEF toward the purchase price of the Hagerstown Fairground property with the condition that the County, together with the City of Hagerstown, be the first to be repaid from the proceeds CHIEF receives from the sale of excess land on this property. Motion carried with Commissioners Shank, Irvin-Craig, Bowers, and Roulette voting "AYE" and Commissioner Snook "ABSTAINING". APPOINTMENT - AREA AGENCY ON AGING Motion made by Commissioner Bowers, seconded by Snook, to appoint Thelma Coffman to the Area Agency on Aging Advisory Council to fill the unexpired term of George Kesler extending to April 1995. Unanimously approved. RECYCLING FACILITY - OPTIONS Motion made by Commissioner Bowers, seconded by Shank, to proceed with a proposal to hire a consultant to investigate the potential of a contractual agreement with the private sector to develop and operate a recycling program in an existing facility and as a secondary scope of work to look at the potential of the County constructing its own facility with private sector involvement. Motion carried with Commissioners Bowers, Shank, Snook, and Roulette voting "AYE" and Commissioner Irvin-Craig voting "NO". DECEMBER 1, 1992 MINUTES, CONT'D. FORT TONOLOWAY PARK - PROPOSAL BY DEPARTMENT OF NATURAL RESOURCES Mark Spencer, representing the Department of Natural Resources, met with the Commissioners to hold preliminary discussions regarding the State's offer that the County take over operation of Ft. Tonoloway for a day-use area. Mr. Spencer provided a site description and maps of Ft. Tonoloway and suggested that the County consider a long-term lease of 50-l00 years with the State for a nominal fee. Commissioner Roulette indicated that the County is interested in having the park remain open and would be willing to operate and maintain it, but does not have the capital to make the necessary improvements to open the park to the public. Commissioner Shank asked to see a proposal from the State. Mr. Spencer agreed to meet again with the Commissioners with a proposal from the State. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Irvin-Craig, seconded by Snook, to convene in Executive Session at 2:33 p.m. with regard to personnel matters, 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 3:46 p.m. Unanimously approved. EMPLOY - FULL-TIME CUSTODIAN Motion made by Commissioner Irvin-Craig, seconded by Shank, to employ John Keefauver as full-time Custodian to fill an existing vacancy. Unanimously approved. ADJOURNMENT Motion made by Commissioner Irvin-Craig, seconded by Snook, to adjourn at 3:50 p.m. Unanimously approved. County Attorney , Clerk