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HomeMy WebLinkAbout890801August 1, 1989 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County of Washington County was called to order at 10:00 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 Bowers, followed by the Pledge of Allegiance to the Flag by the full assemblage. VISIT - MISS MARYLAND Virginia Cha, the reigning Miss Maryland for 1989, and Lynn Mooreland, Administrative Vice President for the Miss Maryland Pageant, appeared before the Commissioners to thank them for their support of the pageant. The Commissioners wished Miss Cha good luck at the Miss America Pageant in Atlantic City. PUBLIC HEARING - REZONING TEXT AMENDMENT RZ-412(REMAND) The Commissioners convened the meeting in Public Hearing at 10:00 a.m. to hear comments regarding Rezoning Text Amendment RZ-412(REMAND). Commissioner Bowers noted that Commissioner Downey is not participating or involved in these discussions and will be abstaining from voting on this amendment. James Brittain, Director of Planning, stated that this text amendment would exclude trailer parks as a Principal Permitted Use in the Agricultural zoning district and adds a new Section, 6.2, making them a Special Exception (requiring Board authorization after public hearing) and making mobile home parks and/or mobile home subdivisions subject to lot area, lot width and yard requirements of Section 6.5 mobile homes. Commissioner Bowers then opened the meeting for public comment. Kevin Dagliano, Jeff O'Connor and Fred Cole spoke in favor of the proposed text amendment and Carrie Stamper, representing Milcar Construction, spoke in oppostion. Commissioner Bowers stated that the record will be held open until August 7, 1989, for written comments to be submitted. REZONING TEXT AMENDMENT RZ-427 James Brittain, Director of Planning, stated that the proposed text amendment RZ- 427 defines the procedure for making a decision regarding a text amendment, under Section 27.1 Procedure, to the Zoning Ordinance and allows the Board of County Commissioners to initiate a change in regulations, restrictions and provision of boundaries. This amendment was necessary due to a recent Circuit Court decision involving procedures for rezoning text amendments. The text of RZ-427 is as follows: A text amendment to the Zoning Ordinance shall be made utilizing the procedure in Section 17.27.2. The findings of fact contained in Section 27.3 are not necessary for a text amendment. It shall not be necessary for the Board of County Commissioners to receive the recommendation from the Planning and Zoning Commission before holding the public hearing in accordance with Section 4.04 of Article 66B of the Annotated Code of Maryland required by Section 27.2." No one in attendance spoke for nor against the proposed text amendment and the hearing was closed at 10:55 a.m. and the meeting reconvened in Regular Session. BID OPENING - GARRETTS MILL ROAD BRIDGE The bids for the rehabilitation of Garretts Mill Road Bridge were publicly opened and read aloud. The following firms and their proposals were as follows: Antietam Construction - $64,676; Building Systems, Inc. - $89,730; Wolfe Brothers - $173,724; and B. W. Miller, Inc. - $247,812.42. The bids will be reviewed by appropriate officials prior to a decision being rendered. (Decision rendered in the Afternoon Session.) TOWNE OAK VILLAGE - SIDEWALKS Massey Rowe, representing the residents of Towne Oak Village, appeared before the Commissioners to request that the sidewalks approved on the original site plat for Towne Oak Village be omitted since they have established lawns and do not wish to have them disturbed for the construction of sidewalks. Mr. Massey also indicated that all 85 of the residents in this development signed a petition asking that the sidewalks not be installed. Commissioner Roulette explained that the sidewalks were in the original site plat, which was approved by the Planning staff, and that the developer had agreed from the onset that they would be constructed before the second section was completed, but that this has not been done. When the developer requested permission to proceed with the third section, the Director of Permits & Inspections denied issuing the necessary permits until the sidewalks required in the first two sections were in place. AUGUST I, 1989 MINUTES, CONT'D. The residents explained that they have signed a declaration with the developer to pay $120 per year toward the maintenance and upkeep of the "common" areas and suggested an alternate that the developer perform all necessary maintenance work on the grounds at no cost to the residents for 10 years and that the money he would have spent for the sidewalks be placed into an escrow account for this purpose in lieu of constructing sidewalks. The Commissioners took this matter under advisement at this time. PUBLIC HEARING - RULES & REGULATIONS FOR DESIGNATION OF DISPUTED FIRE & RESCUE BOUNDARIES The Commissioners convened in Public Hearing at 11:50 a.m. to hear comments regarding the Rules & Regulations for Designation of Disputed Fire & Rescue Boundaries. Brian Pile, President of the Volunteer Fire & Rescue Association, and Luther "Jay" Grimes spoke in favor of the proposed regulations and answered questions regarding implementation of the document. Wayne Williams, Bob Darby, William Pennington, Harold Boyer and Barbara Keister spoke in opposition to the proposed regulations. The hearing was closed at 12:45 p.m. and Commissioner Bowers stated that the record will be held open for ten (10) days in order to receive any written comments. RECESS - LUNCH AT WHEATON PARK The Commissioners recessed at 12:45 p.m. for a luncheon with the Hagerstown Mayor and Council at Wheaton Park to see the new park equipment and the improvements made with the $25,000 donated by the Commissioners from the sale of the old County Detention Center. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Irvin, to convene in Executive Session at 1:50 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 Roulette, seconded by Downey to convene in Regular Session at 2:40 p.m. Unanimously approved. STREET ACCEPTANCE - INDUSTRIAL BOULEVARD Motion made by Commissioner Roulette, seconded by Shank, to accept from the Hagerstown/Washington County Industrial Foundation, Inc., a small parcel of land at the end of Industrial Boulevard in the Interstate Industrial Park, being the extended roadbed of Industrial Boulevard. This conveyance was a condition of subdivision imposed by the County Engineer. Unanimously approved. SANDY HOOK WATER PROJECT - CDBG AGREEMENT Motion made by Commissioner Roulette, seconded by Irvin, to enter into an agreement with the Washington County Sanitary Commission for the administration of the Maryland Small Cities Community Development Block Grant for implementation of the Sandy Hook water system improvements. Unanimously approved. ROAD NAME CHANGES - HANCOCK AREA Motion made by Commissioner Downey, seconded by Roulette to approve the road name changes as submitted by the Planning Commission for the Hancock Postal District and Big Pool Postal District (copy attached). Unanimously approved. CONVENE AS BOARD OF HEALTH Motion made by Commissioner Irvin, seconded by Downey, to convene as the Board of Health at 2:50 p.m. to consider extending the moratorium regarding animal husbandry and to keep separate minutes of this meeting. Unanimously approved. The Commissioners reconvened in Regular Session at 2:55 p.m. APPLICATION FOR RENTAL ASSISTANCE UNITS Motion made by Commissioner Roulette, seconded by Irvin, to authorize the Housing & Community Development office to make application to the Department of Housing & Urban Development for 15 rental assistance units through the "Operation Bootstrap" program. Unanimously approved. BID AWARD - GARRETTS MILL ROAD BRIDGE Motion made by Commissioner Shank, seconded by Downey, to award the bid for the rehabilitation of Garretts Mill Road Bridge to Antietam Construction, Inc., who submitted the low bid in the amount of $64,676. Unanimously approved. AUGUST I, 1989 MINUTES, CONT'D. BRIDGE INSPECTION SERVICES Motion made by Commissioner Downey, seconded by Roulette, to award the contract for bridge inspection services to Kennedy Porter & Associates who submitted the low proposal of $19,900 as recommended by the Coordinating Committee. Unanimously approved. LIGHTING - BLACK ROCK GOLF COURSE Motion made by Commissioner Shank, seconded by Roulette, to add 6-8 dusk -to -dawn lights at the Black Rock Golf Course to the County's electrical contract with Kube Electric Services for an estimated $32,000 with funds to be taken from the Capital Contingency Fund. Unanimously approved. EMPLOY - AIRPORT ELECTRICIAN/EQUIPMENT OPERATOR Motion made by Commissioner Roulette, seconded by Irvin, to employ Robert Veil as Airport Electrician/Equipment Operator at the Washington County Regional Airport at the hourly rate of $8.46/hr. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Downey, seconded by Irvin, to convene in Executive Session at 3:10 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 4:10 p.m. Unanimously approved. PART-TIME BUS ATTENDANT - COUNTY COMMUTER Motion made by Commissioner Downey, seconded by Roulette, to appoint Michael Mauk and Jeffrey Trimble as Part -Time Bus Attendants at the County Commuter to fill existing vacancies. Unanimously approved. APPOINTMENTS - FIRE & RESCUE COMMUNICATIONS ADVISORY BOARD Motion made by Commissioner Downey, seconded by Roulette, to appoint Doug Davis, Doug Moore and Mike Mann to the Fire & Rescue Communications Advisory Board for terms extending to August I, 1992. Unanimously approved. SUPPORT FOR ANNEXATION OF MKS PROPERTY Motion made by Commissioner Roulette, seconded by Shank, to consent to the annexation of the MKS property as requested by the City of Hagerstown. Unanimously approved. Motion made by Commissioner Roulette, seconded by Shank, to agree to the assigned zoning of C-2 designated by the City of Hagerstown for the MKS property after annexation. Motion carried with Commissioners Bowers, Downey, Roulette and Shank voting "AYE" and Commissioner Irvin voting "NO". REAPPOINTMENT - HOUSING AUTHORITY Motion made by Commissioner Downey, seconded by Shank, to reappoint Paul M. Horst, Jr., to the Washington County Housing Authority for a term extending to August I, 1994. Unanimously approved. RZ-427 - FINDINGS OF FACT Motion made by Commissioner Roulette, seconded by Irvin, that following the public hearing in the above rezoning case, RZ-427, the Board of County Commissioners in accordance with Section 27.3, Zoning Ordinance of Washington County, Maryland, makes the following findings of fact: (a) The report and recommendations of the Planning and Zoning Commission. The Board of County Commissioners considered the recommendation from the Washington County Planning Commission dated July 26, 1989 in the above case together with the Application for Text Amendments Staff Report and Recommendation dated July 21, 1989. (b) Population change in the area of the proposed change. Since this is a text amendment to the Zoning Ordinance of Washington County, Maryland, and, because of the nature of the text amendment, the Board of County Commissioners finds that the factor involving population change is not applicable in this matter. AUGUST I, 1989 MINUTES, CONT'D. (c) Availability of public facilities in the area. Since this is a text amendment to the Zoning Ordinance of Washington County, Maryland, and, because of the nature of the text amendment, the Board of County Commissioners finds that the factor involving availability of public facilities is not applicable in this matter. (d) Present and future transportation patterns in the area. Since this is a text amendment to the Zoning Ordinance of Washington County, Maryland, and, because of the nature of the text amendment, the Board of County Commissioners finds that the factor involving present and future transportation patterns is not applicable in this matter. (e) Compatibility with existing and proposed development of the area including indication of neighboring site identified by the Washington County Historic Sites Survey and subsequent revisions or updates. Since this is a text amendment to the Zoning Ordinance of Washington County, Maryland, and, because of the nature of the text amendment, the Board of County Commissioners finds that the factor involving compatibility with existing and proposed development is not applicable in this matter. (f) The relationship of the proposed change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. Since this is a text amendment to the Zoning Ordinance of Washington County, Maryland, and, because of the nature of the text amendment, the Board of County Commissioners finds that the factor involving relationship of the proposed change to the Adopted Plan for the County, Development Analysis Plan Map and Policies is not applicable in this matter. (g) That there was a substantial change in the character of the neighborhood where the property is located. Since this is a text amendment to the Zoning Ordinance of Washington County, Maryland, and, because of the nature of the text amendment, the Board of County Commissioners finds that the factor involving substantial change in the character of the neighborhood is not applicable in this matter. (h) That there was a mistake in the existing zoning classification. Since this is a text amendment to the Zoning Ordinance of Washington County, Maryland, and, because of the nature of the text amendment, the Board of County Commissioners finds that the factor involving a mistake in the existing zoning classification is not applicable in this matter. (i) Whether there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property. Since this is a text amendment to the Zoning Ordinance of Washington County, Maryland, and, because of the nature of the text amendment, the Board of County Commissioners finds that the factor involving a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property is not applicable in this matter. Unanimously approved. REZONING CASE RZ-427 - TEXT AMENDMENT Motion made by Commissioner Roulette, seconded by Irvin, to approve text amendment RZ-427, based on the evidence presented at the public hearing and the findings of fact adopted. Unanimously approved. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Irvin, to adjourn at 4:20 p.m. Unanimously approved. County Attorney , Clerk August 1, 1989 Hagerstown, Maryland 21740 The Board of County Commissioners convened sitting as the Board of Health at 2:50 p.m. in order to consider the extension of the Moratorium for animal husbandry operations for hog and poultry. Motion made by Commissioner Irvin, seconded by Downey, to extend the Order, sitting as the Board of Health, pursuant to the provisions of the Health - General Article, Section 3-201(d), prohibiting the establishment of a new, expansion, or conversion of an existing farming structure capable of housing fifty (50) or more units of swine or poultry within the confines of Washington County for a period of four (4) months effective August 8, 1989, with the animal units defined as follows: Type of Livestock Animal Units Per Head Equivalents Brood sows or boars 0.4 2.5 Hogs raised to 220 lbs. 0.2 5.0 Poultry (per 100) 1.0 100.0 Chickens raised (per 200) 1.0 200.0 Unanimously approved. (Copy of Order attached.) Motion made by Commissioner Shank, seconded by Irvin, to adjourn as the Board of Health and reconvene in Regular Session at 2:55 p.m. Unanimously approved. County Attorney , Clerk