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HomeMy WebLinkAbout890613June 13, 1989 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, Ronald L. Bowers, with the following members present: Vice President Linda C. Irvin and Commissioners R. Lee Downey, Richard E. Roulette and John S. Shank. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Ronald L. Bowers, followed by the Pledge of Allegiance to the Flag by the full assemblage. PRESENTATION OF FLAG Angela Phillips, a student at Williamsport High School, presented the Commissioners with a United States Flag which she received on behalf of Governor Schaefer for participating in the Salute to Flag Day ceremony in Annapolis. Miss Phillips reminded the Commissioners that Wednesday, June 14, is Flag Day and the Governor has requested that all Maryland citizens pause at 7:00 p.m. to recite the Pledge of Allegiance. REZONING CASES RZ-410 & 411 AND SUBDIVISION ORDINANCE S-5 The Commissioners reviewed rezoning cases RZ-410-411 and Subdivision Ordinance S-5 along with the amendments proposed at the June 6 County Commissioners' meeting. Commissioner Shank has reviewed the tapes of the Public Hearing for these cases which was held on November 14, 1988. Commissioner Roulette explained that the amendment to Section 20A.2 B2 will remove the words "or general appearance". This change would eliminate any review of materials, color, or substance and would only necessitate review if the architecture or scale of the proposed structure is not compatible. Commissioner Downey suggested that the text read "unusual architecture or scale". The Commissioners agreed to this change. Amendments to Section 20A.3B would exclude farm structures from the Historic District Commission's review and would only require review for non-residential, commercial structures. Amendments to Section 20AAB adds the word "clearcutting" in the AO -3 overlay zone and adds " or a registered professional forester and approved by the Forest, Park and Wildlife Service" to Section 20AAB, Section 40AAF4A and to the add a new section, number 408.4A to read: Prior to the cutting of trees on the remainder of the site, the property owner must have prepared by the Maryland Department of Natural Resources Forest, Park and Wildlife Service, or a registered professional forester and approved by the Forest, Park and Wildlife Service, a Forestry Management Plan, the goal of which is to perserve the quality of the Antietam Battlefield Viewshed. Commissioner Downey requested that it should be noted that cutting of dead wood or firewood for personal use is acceptable and does not require a Forestry Management Plan. The Commissioners then allowed a time for questions and comments from those in attendance. Rezoning Case RZ-409 Motion made by Commissioner Roulette, seconded by Irvin, to DENY rezoning case RZ- 409 which proposed to rezone 3,713 acres in the AO -I battlefield overlay zone from Agriculture to Conservation. Unanimously approved. JUNE 13, 1989 MINUTES, CONT'D. Subdivision Ordinance S-5 (Amendment to the Subdivision Ordinance for Tree Clearing Activity and House Orientation) Motion made by Commissioner Roulette, seconded by Irvin, to APPROVE Subdivision Ordinance S-5 with regard to the tree -clearing activity and house orientation for subdivision or development purposes as amended. Motion made by Commissioner Downey, seconded by Irvin, and accepted by Commissioner Roulette, to amend the Main Motion by expanding the yardage permitted to allow for additional tree cutting on a site during development from 25' to 35' around the dwelling and related access structures. Unanimously approved. The Question was called on the Main Motion, as amended. Unanimously approved. (Final form of text attached.) Amendments to RZ-410 (Section 20A.2 132) Motion made by Commissioner Roulette, seconded by Irvin to amend the text of RZ-410 to remove the words "general appearance" and to add the word "unusual" before architecture or scale to Section 20A.2 B2. Motion carried with Commissioners Bowers, Irvin, Downey and Roulette voting "AYE" and Commissioner Shank voting "NO". AMENDMENT TO RZ-410 (SECTION 20A.3) Motion made by Commissioner Roulette, seconded by Irvin, to amend Section 20A. 3 to add the word "excluding" which will exempt farm structures from review in the AO -2 Approach Zones. Unanimously approved. AMENDMENT TO RZ-410 (SECTION 20AAF4A) Motion made by Commissioner Roulette, seconded by Irvin, to amend the text for the AO -3 (B) zones by inserting "clearcutting" to 20.A.4B and to add the words "or a registered professional forestery and approved by the Forest, Park and Wildlife Service" to allow registered professional foresters to prepare Forestry Management Plans to be submitted to the Zoning Administrator as necessary and to parenthetically note that the cutting of firewood and dead trees for personal use shall be permitted, and amend the yardage requirement from 25' to 35' for the area to be cleared for development around dwellings. Unanimously approved. AMENDMENT TO RZ-410 (ADDITION - NEW SECTION 408.4A) Motion made by Commissioner Roulette, seconded by Downey, to add the words "or a registered professional forester and approved by the Forest Park and Wildlife Service" to Section 408.4A. Unanimously approved. REZONING CASE RZ-410 Motion made by Commissioner Roulette, seconded by Irvin, to ADOPT RZ-410 based on the evidence and testimony presented at the public hearing, the recommendation of the Planning Commission and the amendments accepted, to establish the three overlay areas and the general provisions that apply within these districts. Motion carried with Commissioners Bowers, Irvin, Downey and Roulette voting "AYE" and Commissioner Shank voting "NO".(Final form of Text attached.) BID OPENING - RESIDENTIAL DRIVEWAY INSTALLATION The bid for a residential driveway installation was publicly opened and read aloud. The firm participating in the bidding was as follows: Wolfe Brothers - total bid $39,000. The bid will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - AUDIO -TAPE DUPLICATING SYSTEM - CIRCUIT COURT One bid for an audio -tape duplicating system for Circuit Court was publicly opened and read aloud. The firm participating in the bidding and its proposal was as follows: Infonics - base bid - $10,980. The bid will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - DESKTOP PUBLISHING SYSTEM Bids for a desktop publishing system were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Government Technology Services - No Bid; General Computer Centers - base bid $11,829.10; and Sunrise Computers - base bid - $8,623. The bids will be reviewed by appropriate officials prior to a decision being rendered. JUNE 13, 1989 MINUTES, CONT'D. RZ-411 - FINDINGS OF FACT Motion made by Commissioner Roulette, seconded by Irvin, to ADOPT the following findings of fact as proposed: The Board of County Commissioners considered the report and recommendation of the Planning Commission to APPROVE RZ-411. The population South County/Sharpsburg area has shown some minimal increases, and it is anticipated that there is a potential for further increase in population in that area as experienced in other parts of the South County area from the Frederick County area. There is some availability of public facilities but it should be noted that the Sharpsburg sewer, currently under construction, has a very limited allocation and is not designed for any further growth. The purpose of the ordinance is to preserve the Antietam Battlefield and corridor zone area for future generations. The subject parcels of this overlay are within the immediate area of the battlefield. The designated priority areas are adjacent to the battlefield, namely, the corridor zones as designated on the plats and the Red Hill area. The inclusion of these various proposals in RZ-411 in the Antietam Overlay is consistent with the adopted Plan for the County in the protection of the Antietam Battlefield area. A discussion as to whether or not there has been a substantial change in the character of the neighborhood is not applicable to this case since this is a comprehensive rezoning and there is not allegation that there has been a mistake in the original zoning. It is submitted that this overlay, as proposed, would be appropriate and logical for the future protection of the Antietam area and the corridor zones as submitted based on the information obtained at the public hearing, the recommendation of the Planning Commission, the discussion and findings of fact. Unanimously approved. (A copy of the Antietam Overlay District, RZ 411, as approved, is attached.) Commissioner Downey suggested that the Commissioners allow a time period of six months in order for property owners to file, at no charge, for amendments for consideration as policy change. Commissioner Bowers asked if the Historic District Commission could provide local input to the National Historic District Commission on projects in Washington County. Steve Goodrich, Senior Planner, informed Commissioner Bowers that the County has started the procedure to become designated as a Certified Local Government. When the County receives this designation, notification will be given for all federal historic projects. ADOPTON OF RZ-411 Motion made by Commissioner Roulette, seconded by Irvin to ADOPT Rezoning Case RZ- 411 as recommended by the Planning Commission and based upon the Findings of Fact as discussed and adopted. Motion carried with Commissioners Bowers, Irvin, Downey and Roulette voting "AYE" and Commissioner Shank voting "NO". SANITARY COMMISSION STATUS REPORT Lynn Palmer, Executive Director, and Louise Fahrney, Commission President, appeared before the Commissioners to give an update on several projects they are working on at this time. Mr. Palmer reported on the Sharpsburg/Keedysville project, the Cloverton/G reen lawn Project, the Conococheague Wastewater Treatment Plant, the St. James project, the Pen Mar Water project, the Highfield/Cascade Project and the Sandy Hook project. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Irvin, to convene in Executive Session at 12:35 p.m. in regard to personnel, property and potential litigation 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 Downey, seconded by Irvin, to reconvene in Regular Session at 2:00 p.m. Unanimously approved. MEETING WITH BOARD OF EDUCATION B. Marie Byers, President of the Board of Education, and Dr. Wayne Gersen, Superintendent, met with the Commissioners to discuss possible funding for the position of Coordinator of Pre -Kindergarten and Child Care Programs and adoption of a job description and time line for this position. It was agreed that Kathleen Riley, Director of Citizens Services, be named as facilitator along with Jill Burkhart and Robin Spaid, who were members of the Child Care Needs Assessment Advisory Committee, to formulate a job description for a Child Care Coordinator and to assemble the group and prepare a child care delivery plan as required by House Bill 187, enacted by the 1989 session of the General Assembly. Dr. Gersen then provided an update of the 1988-89 budget and expressed appreciation to the Commissioners for their assistance in reviewing budgeted items. He then submitted a report from the Citizens Budget Advisory Committee and their recommendations. JUNE 13, 1989 MINUTES, CONT'D. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Irvin, to convene in Executive Session at 3:35 p.m. in regard to personnel, property and potential litigation 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 Downey, seconded by Shank to reconvene in Regular Session at 4:30 p.m. Unanimously approved. RE/APPOINTMENT - HOUSING AUTHORITY Motion made by Commissioner Shank, seconded by Roulette, to appoint Howard Long, as representative of the Town of Boonsboro for a term extending to August I, 1993, and to reappoint David Miller to the Housing Authority for a term extending to August 1, 1992 and to request that George Boyd, representative from Clear Spring, be urged to continue as a non-voting member of the Housing Authoirity. Unanimously approved. The Commissioners agreed to request legislation that the Housing Authority be expanded from 5 to 7 members. MOTOR EQUIPMENT OPERATOR III - ROADS DEPARTMENT - SOUTHERN SECTION Motion made by Commissioner Downey, seconded by Shank, to employ Charles Hutzell as Motor Equipment Operator III for the Roads Department, Southern Section, to fill an existing vacancy. Unanimously approved. EMPLOY LANDFILL ATTENDANTS Motion made by Commissioner Shank, seconded by Roulette, to employ Paul Hahn and Beverly Jackson as Landfill Attendants. Unanimously approved. EMPLOY PART TIME BUS ATTENDANT Motion made by Commissioner Roulette, seconded by Downey, to employ Donald Baker, Sr., as Part-time Bus Attendant at the County Commuter to fill an existing vacancy. Unanimously approved. SUPPLEMENTAL APPROPRIATION - POSTAGE Motion made by Commissioner Irvin, seconded by Shank, to approve a supplemental appropriation of $3,000 to the Postage Line Item in the Court House Budget (01-5- 0171-515-000) from the Commissioners Contingency Fund. Unanimously approved. RE/APPOINTMENTS - MENTAL HEALTH ADVISORY COMMITTEE Motion made by Commissioner Irvin, seconded by Roulette, to reappoint David Zook and David Hall to the Mental Health Advisory Committee and to appoint Michael Shay for terms extending to June 30, 1992. Unanimously approved. LINE ITEM TRANSFER - RECREATION COMMISSION Motion made by Commissioner Irvin, seconded by Roulette, to transfer $800 from Recreation Programs (01-5-1811-510-170) to Office Furniture and Equipment (01-5- 1811-687-000) as requested by the Recreation Commission. Unanimously approved. LINE ITEM TRANSFER - COMPANY 25 AIR UNIT Motion made by Commissioner Downey, seconded by Roulette to approve the line item transfer as requested by Company 25 Air Unit to transfer $167.72 from 01-5-1217- 511-000, $186.12 from 01-5-1217-513-000, $65.00 from 01-5-1217-530-000, $55.20 from 01-5-1217-541-000, $350.00 from 01-5-1217-562-000, $256.64 from 01-5-1217-563-000 and $81.06 from 01-5-1217-550-000 for a total of $1161.74 to be transferred to 01- 5-1217-542-000 for Tires. Unanimously approved. ALLOCATION OF STATE FIRE, AMBULANCE & RESCUE FUNDS Motion made by Commissioner Roulette, seconded by Irvin, to distribute the State Fire, Rescue and Ambulance Grant funds to each of the County's volunteer fire companies in the amount of $3,464 and to provide $21,951 to the Hagerstown Fire Department. Unanimously approved. BID AWARD - OVERLAY, TRAFFIC PAINT & BEADS Motion made by Commissioner Irvin, seconded by Roulette, to award the following bids for the Roads Department: Overlay - P & W Excavating, who submitted the low bid in the amount of $23.45/ton; Traffic Paint - Linear Dynamics, Inc., who submitted the low bid of $4.15/gallon for yellow traffic paint and $4.60/gallon for white traffic paint; Traffic Beads - Flex -O -Lite, who submitted the low bid of $8.2425/50# bag for traffic beads. Unanimously approved. JUNE 13, 1989 MINUTES, CONT'D. MEETING - JULY 5 The regularly scheduled meeting which falls on July 4, will be held on Wednesday, July 5 due to the Independence Day holiday. At this time Commissioner Bowers was excused from the Meeting and Commissioner Irvin assumed the Chair. INTENTION TO CONVEY PROPERTY - STUDENT TRADES FOUNDATION Motion made by Commissioner Roulette, seconded by Shank, to convey, as advertised, Lot A-3 on a plat entitled "Final Plat of Subdivision for Proposed Housing Site of Student Trades Foundation" Section A dated July 22, 1987, which was recorded among the Washington County Plat Records at folios 2267 and 2268, with the grantee to be responsible for paying all costs of plat and deed preparation and advertisment. Unanimously approved. RIGHT-OF-WAY AGREEMENT - POTOMAC EDISON Motion made by Commissioner Roulette, seconded by Downey, to enter into a right-of- way agreement with Potomac Edison Company to have electrical service provided to the new pavilion at the Washington County Regional Park for $4,836. Unanimously approved. ADDITIONAL HOURS/SERVICE - JUVENILE DETENTION CENTER AGREEMENT Motion made by Commissioner Shank, seconded by Roulette, to approve the agreement