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HomeMy WebLinkAbout890808August 8, 1989 Hagerstown, MD 21740 The Regular Meeting of the Board of County Commissioners 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. INTRODUCTION OF NEW EMPLOYEE Leigh Sprowls, Airport Manager, introduced Robert Veil, who is the new Electrician/ Equipment Operator at the Washington County Regional Airport. MEMORANDUM OF AGREEMENT - FEDERAL AVIATION ADMINISTRATION Motion made by Commissioner Irvin, seconded by Shank, to authorize President Bowers to sign the Memorandum of Agreement between the Federal Aviation Administration and the Advisory Council on Historic Preservation and the Maryland State Historic Preservation Officer regarding the Herman-Shindel farm pursuant to 36 CFR Part 800 and implementing Section 106 of the National Historic Preservation Act (16 U.S.C. 470F). Unanimously approved. PUBLIC HEARING -AGRICULTURAL PRESERVATION EASEMENTS Eric Seifarth, Agricultural Planner, and Stephen Goodrich, Senior Planner, appeared before the Commissioners to review the applications for establishment of Agricultural Preservation easements. Mr. Seifarth briefly explained the program and the two steps involved: 1) establishment of a district and 2) the sale of the easements. The meeting was then opened for public comments on the four cases scheduled. AD -89-3 - The application was submitted by Roy and Betty Byers for sale of development rights easement for 164 acres located on Downsville Pike. There was no one present to speak for nor against said application. MOTION made by Commissioner Roulette, seconded by Shank, to approve application AD -89-3 as presented for sale of development rights easement in the Agricultural Land Preservation Program. Unanimously approved. AD -88-4 - The application was submitted by Charles and Florene Ritchie for the sale of development rights easement for 238 acres. No one was present to speak for nor against said application. MOTION made by Commissioner Shank, seconded by Irvin, to approve application AD -88-4, as presented, submitted by Charles and Florene Ritchie for sale of development rights easement in the Agricultural Land Preservation Program. Unanimously approved. AD -89-1 - The application for the sale of development rights easement for 457 acres was submitted by Sylvester and Melinda Golden. Ms. Golden requested that the figures be adjusted on the application on orchard land since she only has 70 acres of land. MOTION made by Commissioner Roulette, seconded by Irvin, to approve application AD -89-1 for the sale of development rights in the Agricultural Land Preservation Program as submitted by Sylvester and Melinda Golden. Unanimously approved. AD -88-2 was submitted by Anna Louise Rowland for the sale of development rights easement for 700 acres. No one in attendance spoke in favor or in opposition to the application. MOTION made by Commissioner Irvin, seconded by Roulette, to approve application AD -88-2 for the sale of development rights easement in the Agricultural Land Preservation Program as submitted by Anna Louise Rowland. Unanimously approved. VISIT - SECRETARY OF STATE'S REPRESENTATIVE Vonzell Ward, representing the Secretary of State's Office, met with the Commissioners and presented President Bowers with a copy of the 1989 Maryland Manual. Mr. Ward extended greetings from Governor Schaefer and Secretary Kelly and asked the Commissioners for their "wish list" to the State. The Commissioners indicated that they would like to see updated program guidelines for the Agricultural Land Preservation Program, Sunset provisions for the P.O.S. Program and also asked that they give attention to the shortage of workers in Maryland. Commissioner Bowers thanked Mr. Ward for his visit and his offer to be of assistance to Washington County. AUGUST 8, 1989 MINUTES, CONT'D. PROCLAMATION - EMERGENCY SERVICES DAY Reverend J. Norman Mayer accepted a proclamation from the Commissioners naming September 17, 1989, as Emergency Services Day in Washington County and urging all citizens to express their appreciation for the efforts of those who give of themselves in performing emergency services. BID OPENING - ROAD COMMUNICATION EQUIPMENT Bids for communications equipment for the Roads Department were publicly opened and read aloud. Firms participating in the bidding and their bids were as follows: Mills Communications, Inc - $9,820; General Electric Company Mobile Communications - $14,660; and Motorola Communications - $14,144. The bids will be reviewed by appropriate officials prior to a decision being rendered. WATER LINE REPLACEMENT Mayor Steven Sager of the City of Hagerstown and David Kinash, Director of the Hagerstown Water Department, met with the Commissioners to discuss the City's water line replacement program. Mayor Sager explained that the City has a small main replacement program to systematically upgrade the 2" lines and that 41% have been replaced to date. Commissioner Bowers inquired as to the status of water line replacement on Linwood Road since he has received complaints regarding the water system in this area. Mr. Kinash informed Commissioner Bowers that Linwood Road water lines are scheduled for replacement in 1992. Jim Kimble, who resides on Linwood Road, was in attendance and stated that the City has promised to have this line replaced in the past and had copies of correspondence with the City. Mayor Sager asked Mr. Kimble to provide him with copies of all his correspondence regarding this situation. MIDFA LOAN ENDORSEMENT - UNITED CEREBRAL PALSY Motion made by Commissioner Roulette, seconded by Shank, to authorize the resolution endorsing the MIDFA loan to United Cerebral Palsy. Unanimously approved. STATUS REPORT - SANITARY COMMISSION Lynn Palmer, Executive Director, and Louise Fahrney, Chairperson, of the Sanitary Commission appeared before the Commissioners to provide a status report on several projects. Pen Mar Water - Mr. Palmer reported that they have received petitions in regard to the Pen Mar project with 30 in favor of the project and 28 against. The Sanitary Commission has not made a decision to accept or reject the petitions. Commissioner Roulette suggested that they contact the Health Department to have the wells in the area tested. St. James (Sewer project) - door-to-door questionnaires were hand -delivered in the area, with approximately 58 against the project and 37 in favor. Mr. Palmer requested that the Commissioners advance up to $3,000 to complete a feasibility study to determine the type of collection system needed, treatment alternatives and project rates. Motion made by Commissioner Downey, seconded by Roulette, to advance funding up to $3,000*to the Sanitary Commission in order to have a feasibility study conducted for the St. James project, to be repaid by the Sanitary Commission, with funds to be taken from the General Fund Balance. Unanimously approved. * Amended 9/12/89 to $13,000) Conococheague Industrial Wastewater Pre-treatment Plant - Buchart-Horn conducted a survey regarding the industrial waste generated in the County. After determining the type of system necessary, several members of the Sanitary Commission and staff visited a facility in Minnesota which would be similar to what would be needed in Washington County. Mr. Palmer asked the Commissioners to comment as to whether they feel this would be a viable project. Commissioner Downey stated that he feels the first priority is the Conococheague Sewage Treatment Plant. Commissioner Bowers indicated that the Economic Development Commission should discuss this and develop target areas. WOODPOINT AVENUE IMPROVEMENT Barry Teach, County Administrator, explained that the City is improving Woodpoint Avenue but that approximately 450' of the roadway is in the County. The City would like to know if the County will participate in the project by improving this section. The estimated cost of the County's participation would be $80-$100,000 for the road improvement and $60-$80,000 to include curbing and sidewalks. The Commissioners agreed to participate in improvement of Woodpoint Avenue but discussed whether to have curbing and sidewalks put on the County section since City residents are being assessed for their portion, and many residents in the area have expressed their desire not to have sidewalks installed. Glenn Dull, County AUGUST 8, 1989 MINUTES, CONT'D. Engineer, met with the Commissioners and recommended that the County provide curbing since this would be a low lying area and, without curbing, the water run- off from the City portion of road with curbing would cause drainage problems. Motion made by Commissioner Irvin, seconded by Roulette, to accept the County Engineer's recommendation that the County participate with the City of Hagerstown by funding the reconstruction and curbing of the 450' of Woodpoint Avenue in the County and to make the option available to the property owners to pay the price accepted through the City's bid procedure to have sidewalks installed in front of their property if they so desire. Unanimously approved. REGIONAL PARK ACCESS ROAD Glenn Dull asked the Commissioners to fund up to $8,000 to cap the access road with shale during construction at the Regional Park. The Commissioners agreed with this recommendation. RECESS - GROUNDBREAKING OF WESEL BOULEVARD The Commissioners recessed at 1:40 p.m. to attend the groundbreaking of Wesel Boulevard hosted by the City of Hagerstown and the CSX Corporation. AFTERNOON SESSION The Afternoon Session was convened at 2:45 p.m. by the President, Ronald L. Bowers, with the following Commissioners present: Vice President Linda C. Irvin and Commissioners R. Lee Downey, Richard E. Roulette and John S. Shank. REZONING CASE RZ-412(REMAND) - FINDINGS OF FACT At this time Commissioner Downey excused himself from the room and abstained from all proceedings regarding this case. Following a public hearing in the above rezoning case, RZ-412 (REMAND), Motion made by Commissioner Irvin, seconded by Shank, that 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. (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 AUGUST 8, 1989 MINUTES, CONT'D. 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-412(REMAND) Motion made by Commissioner Irvin, seconded by Shank, to adopt rezoning text amendment RZ-412(REMAND), based on the evidence presented at the public hearing and the findings of fact adopted. Unanimously approved. Motion made by Commissioner Irvin, seconded by Shank, to make August 12, 1989, the effective date for RZ-412(REMAND). Unanimously approved. At this time Commissioner Downey returned to the Meeting. PROPOSAL TO APPOINT RECYCLING COMMITTEE The Commissioners agreed with a proposal to appoint an ad hoc advisory committee to work the Planning Commission staff regarding the recycling plan and other recycling activities and to include represenatives from the following groups: the refuse collection industry, recyclers or processors, Citizens for the Protection of Washington County, League of Women Voters, County Landfill, Hagerstown and municipalities, County Planning & Review, Chamber of Commerce, Extension Office, Board of Education, Tammany or St. James residents and Hydro-Pac. ADVANCE FUNDING - NARCOTICS TASK FORCE Motion made by Commissioner Shank, seconded by Irvin, to advance funding to the Narcotics Task Force in the amount of $20-$25,000 for provision of new communications equipment with repayment to be made from the monies received from contraband from drug seizures. Unanimously approved. MEET WITH PENNFIELD CORPORATION The Commissioners selected August 25 for a meeting with the Pennfield Corporation in Lancaster, Pennsylvania, to observe a working digestor at a large scale hog farm. The Commissioners asked that a representatives be invited from interested groups, including Citizens for a Clean Environment, the Farm Bureau, Extension Service, State Department of the Environment, Delegate Callas and the press. PROPOSED AMENDMENTS - WEED CONTROL ORDINANCE Ralph France, County Attorney, distributed copies of the Weed Control Ordinance, as amended. The Commissioners directed the County Administrator to schedule a public hearing regarding the amended ordinance. TAX ABATEMENTS - MIDFA PROPERTIES Motion made by Commissioner Downey, seconded by Roulette, to approve the following tax abatements for 1989-90 for properties purchased with MIDFA loans with equivalent payments -in -lieu of taxes to be made to the County: Alphin Aircraft, Inc. (Account 020895) - $1,697.18; Certain -Teed Products Corporation (Account 014637) - $46,487.25; Grove Manufacturing Co. (Account 020909) - $57327.98; Hagerstown Canteen Service (Account 014653) - $2,687.85; Horizon Development (Caldwell Mfg.)(Account 015854) - $24,220.44; Larstan Industries, Inc. (Account 024048) - $8,917.03; Lawrence & Stanley Banks Realty (Account 015257) - $27890.20; and H.B. Mellott Estates, Inc. (Account 022340) - $491.39. Unanimously approved. AUGUST 8, 1989 MINUTES, CONT'D. MAINTENANCE VEHICLE - FIRE & RESCUE COMMUNICATIONS Motion made by Commissioner Shank, seconded by Roulette, to authorize advertising for bids for a maintenance vehicle for the Fire & Rescue Communications Maintenance department. Unanimously approved. SIDEWALKS - TOWNE OAK VILLAGE The Commissioners reviewed the situation regarding sidewalks at Towne Oak Village as discussed at the Regular Meeting on August I. The County Attorney advised the Commissioners that the residents of Towne Oak Village must form a homeowners association in order to hold money in escrow for maintenance of the common areas. NEW COUNTY PARK REGULATIONS Motion made by Commissioner Roulette, seconded by Shank, to recommend to the Parks Board that they adopt the new regulations for County Parks developed by the County Attorney with the amendment to paragraph 10 that helicopters may land on a pre - authorized or emergency basis. Unanimously approved. RESCHEDULE PUBLIC HEARING - RZ378(REMAND), RZ-419-426 Due to the decision made by Judge Moylan that the Board of County Commissioners must receive a recommendation from the Planning Commission prior to hearing a rezoning case, the Commissioners agreed to schedule another public hearing on cases heard in June. The Commissioners have received recommendations on these cases from the Planning Commission. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Irvin, to convene in Executive Session at 3:50 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 Irvin, to reconvene in Regular Session at 4:55 p.m. Unanimously approved. APPOINTMENT TO PLANNING COMMISSION Motion made by Commissioner Roulette, seconded by Shank, to appoint Steven West to the Planning Commission to fill the unexpired term of Jack Byers to May 20, 1991. Unanimously approved. EMPLOY TOURISM INFORMATION CENTER - 1-70 Motion made by Commissioner Roulette, seconded by Irvin, to employ Rae Ann Tritle as Tourist Information Specialist at the 1-70 Tourism Center. Unanimously approved. ADJOURNMENT Motion made by Commissioner Shank, seconded by Downey to adjourn at 4:55 p.m. Unanimously approved. County Attorney , Clerk