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HomeMy WebLinkAbout891004October 24, 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 Bowers, followed by the Pledge of Allegiance to the Flag by the full assemblage. INTRODUCTION OF NEW EMPLOYEE Gary Rohrer, Chief, Division of Planning and Codes Administration, introduced Robert Graff who was recently hired as the Facilities Administrator. RECOGNITION OF SERVICES - BONNIE MONNINGER & JOHN WELLER The Commissioners presented Certificates of Merit to Bonnie Monninger and John Weller recognizing them for 30 years of service with the Washington County government. Commissioner Bowers thanked them for their faithful service and assistance over the years. Ms. Monninger and Mr. Weller thanked the Commissioners for their certificates and Mr. Weller also thanked Lem Kirk for giving him the opportunity to work for Washington County. AUGUST 1989 YOUTH OF THE MONTH AWARD - APRIL LEHMAN Commissioner Irvin presented April Lehman with a Certificate of Merit honoring her as the Youth of the Month for August 1989, as recommended by the Children's Council. Commissioner Irvin noted April's accomplishments and her participation in many school and church -related activities. Ms. Lehman thanked the Commissioners for this award and described her activities and public speaking competitions. PROCLAMATION - WEIGHT WATCHER'S WEEK Commissioner Shank presented a proclamation to Weight Watcher's staff members Julie Boyer, Ann Reisler, Kellen Zittle and Lea Kersting, naming the week of November 5 as Weight Watcher's Week in Washington County. EMERGENCY SHELTER GRAND - AMENDED PROPOSAL Kathleen Riley, Chief, Division of Citizen's Services, informed the Commissioners that, due to a change in leadership and difficulty meeting the grant requirements, the Salvation Army does not feel they can accept their portion of the grant from the Emergency Shelter Grant Program in the amount of $24,170. Cheryl Walkley, representing the Community Action Council, explained that the grant can be amended to allow these funds to be utilized by CAC for utilities, rent and furnishings. The Commissioners agreed to the amended proposal and to forward this to the State for their consideration. Motion made by Commissioner Roulette, seconded by Irvin, to approve the proposal to amend the Emergency Shelter Grant program application to reallocate the $24,170 originally designated to the Salvation Army to the Community Action Council. Unanimously approved. BID AWARD - ASBESTOS REMOVAL Motion made by Commissioner Downey, seconded by Roulette, to award the bid for asbestos removal from County buildings to Dec -Tam Corporation who submitted the low bid of $454,120 plus an additional $21,000 which will be reimbursed by Columbia First Savings & Loan, since they will remain in the building while the work is in progress. Unanimously approved. BOARD/COMMISSION REPORTS Commissioner Irvin reported on the Historical Trust meeting; Commissioner Downey reported on the Advisory Board of Health meeting and the Drug and Alcohol Abuse Advisory Board meeting; and Commissioner Shank reported on the Parks Board meeting and the Transportation Advisory Committee meeting. APPROVAL OF MINUTES - OCTOBER 3 & 10, 1989 Motion made by Commissioner Irvin, seconded by Roulette, to approve the minutes of October 3 and 10, 1989, as corrected. Unanimously approved. ANIMAL CONTROL ORDINANCE Ralph France, County Attorney, informed the Commissioners that the Animal Matters Review Board and S.P.C.A. have reviewed and endorsed the Animal Control Ordinance and the Commissioners directed Mr. France to proceed with advertising for a public hearing. OCTOBER 24, 1989 MINUTES, CONT'D. STRAY VOLTAGE - DON SCHWARTZ Don Schwartz, Agricultural Extension Agent, met with the Commissioners and provided a summary of what has taken place with the problem of stray voltage on the Keadle farm. He explained that Dr. Peters of the University of Maryland Extension Service, feels that none of the documented evidence indicates that the levels of stray voltage are high enough to cause problems in cows, and that the Potomac Edison's position on this matter has not changed. Tom and Dave Keadle presented packets of information to the Commissioners tracing the history of their problems. The Commissioners stated that they would review the packet of information presented by the Keadle's before making a decision. REZONING CASE RZ-428 - FINDINGS OF FACT Application and Property Owner: John R. Oliver Company, Inc., to rezone 8 acres + located on the south side of Dry Run Road, 500 feet west of the intersection of Dry Run Road and Mercersburg Road, from "C" -Conservation to "A" -Agriculture. MOTION made by Commissioner Roulette, seconded by Shank, to adopt the following definition of neighborhood: The neighborhood consists of those parcels east to the intersection of Dry Run Road and Mercersburg Road, south approximately one-half mile, north and south approximately one-half mile from the subject property. Unanimously approved. MOTION made by Commissioner Roulette, seconded by Shank, and unanimously approved, to adopt the following Findings of Fact in accordance with Section 27.3 of the Zoning Ordinance of Washington County: (a) Neighborhood. The neighborhood consists of those parcels east to the intersection of Dry Run Road and Mercersburg Road, south approximately one-half mile, north and south approximately one-half mile from the subject property. (b) The report and recommendations of the Planning and Zoning Commission. The Board of County Commissioners considered the Report and Recommendation of the Washington County Planning Commission in RZ-428 dated October 20, 1989 which recommended DENIAL of the rezoning of the property owned by John R. Oliver Company, I nc. (c) Population change in the area of the proposed change. The proposed rezoning is located in Election District #4, the Clear Spring Election District, and the population in this district has increased 36% between 1940 and 1980, and is expected to experience an additional 8.2% increase by the year 2000. (d) Availability of public facilities in the area. The Washington County Water and Sewerage Plan designates the subject property as W- 7 and S-7. There is no planned public water and sewer in this area. Fire protection and emergency medical services are provided to the site by the Clear Spring Volunteer Fire Department and the Clear Spring Ambulance Club. The property is not in an area served by the County Commuter. (e) Present and future transportation patterns in the area. The subject property is on the south side of Dry Run Road, approximately 500 feet west of where that road intersects with Mercersburg Road. It has approximately 800 feet of front footage on Dry Run Road. The road is classified by the Washington County Highway Plan as a local thoroughfare with no restrictions on new property access points. The Washington County Engineer would not recommend approval of RZ- 428 out of concern that the subject property would be used for residential purposes. Dry Run Road, west of Mercersburg Road, is less than 16 feet in width and is considered to be inadequate for any future additional volume of traffic. (f) 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. The subject parcel requested for rezoning is classified as Conservation. On the same side of Dry Run Road and to the west of the site lie three properties with single-family homes on them. To the west and across Dry Run Road is an undeveloped tract of land owned by John R. Oliver Company, Inc. which consists of approximately 28 acres. Properties in the area are zoned either Agricultural or Conservation, and due to the numerous and various agricultural properties currently existing in the neighborhood of the subject rezoning, a change in the classification to Agricultural does not appear to be incompatible with these properties. Permitted uses in the Conservation district are also compatible with existing classifications and land uses in the subject neighborhood. OCTOBER 24, 1989 MINUTES, CONT'D. (g) The relationship of the proposed change to the Adopted Plan for the county, Development Analysis Plan Map and Policies. The subject site is located entirely within the Rural -Agricultural Area set forth in the Comprehensive Plan for Washington County. The Plan encourages the preservation of agricultural land, open space, and other natural resources within this designated area. The highest priority in this area are the goals of preserving agricultural land and conserving open space, water supply sources, mountain and woodland areas and other natural and scenic resources. Development within the Rural -Agricultural Area should be in keeping with the rural character of the environment and should not require public investments in utilities or services which would result in increased growth pressures and divert priorities from the Growth Areas. (h) Whether there has been a substantial change in the character of the neighborhood where the property is located. No. (i) Whether there was a mistake in the existing zoning classification. No. (j) Whether there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property. No. RZ-428 Motion made by Commissioner Roulette, seconded by Irvin, to DENY rezoning case RZ- 428 based on the testimony presented at the public hearing, the recommendation of the Planning Commission and staff, and the Findings of Fact adopted by the Board of County Commissioners. Unanimously approved. BUILDING CODE APPEALS PROCEDURE The Commissioners discussed the proposal to amend the BOCA Building Code by removing the Board of County Commissioners from the process of hearing appeals by appointing a board of licensed professionals and laypersons to hear appeals. The Commissioners agreed to schedule a public hearing regarding this proposal. REQUEST FOR CELLULAR PHONE Barry Teach, County Administrator, informed the Commissioners that he has received requests from various County departments for cellular phones. Mr. Teach recommended that the Commissioners review this matter in conjunction with budget hearings next year. The Commissioners concurred with this recommendation. APPOINTMENT - RETIREMENT COMMITTEE Motion made by Commissioner Roulette, seconded by Shank, to appoint Tim Lung as the Employee Council representative to the Retirement Committee. Unanimously approved. QUIT CLAIM DEED - PRESTON ROAD Ralph France, County Attorney, brought a request to the Commissioners from property owners in Fountainhead who are requesting a quit claim deed for land which was to have been a road through the development but which was never constructed. The Commissioners asked that all adjoining property owners be contacted before they make a decision on this matter. AWARD - EMPLOYEE SUGGESTION PROGRAM Barry Teach, Administrator, informed the Commissioners that the County has saved a documented $1256 this year after implementing a suggestion regarding submittal of insurance claims from Mary Kline and recommended that she receive a cash award under this program. Motion made by Commissioner Irvin, seconded by Downey, to give a cash award of $125 to Mary Kline for her suggestion, which was implemented through the Employee Suggestion Program, regarding submittal of insurance claims. Unanimously approved. BID AWARD - CRAWLER/TRACTOR - ROADS DEPARTMENT Motion made by Commissioner Irvin, seconded by Shank, to award the bid for a crawler/tractor for the Roads Department to Powlen Equipment Company who submitted the low bid of $35,900. Unanimously approved. UPDATE - ANIMAL HUSBANDRY ORDINANCE An amended version of the Animal Husbandry Ordinance was reviewed by the Commissioners which only referenced swine and poultry. The Commissioners agreed to advertise and schedule a public hearing for November 14. BARNHART ROAD Barry Teach, County Administrator, informed the Commissioners that the developer for the Stitzell property on Barnhart Road made a request that the Commissioners accept a irrevocable letter of credit in the amount of $25,000 to serve as bond and to allow him to begin development of the lots, but widen the road in front of his development at a later date. The Commissioners denied this request. OCTOBER 24, 1989 MINUTES, CONT'D. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Irvin, to convene in Executive Session at 11:40 a.m. in regard to personnel, property and legal matters 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 3:10 p.m. Unanimously approved. SUPPLEMENTAL APPROPRIATION - CHIEF, DIVISION OF PLANNING & CODES ADMINISTRATION Motion made by Commissioner Downey, seconded by Shank, to approve a supplemental appropriation in the amount of $7,100 for the Chief, Division of Planning and Codes Administration for computer equipment and software with funds to be taken from the Commissioners' Contingency. Unanimously approved. PROMOTION - SUPERVISOR, BREEZEWOOD TOURIST INFORMATION CENTER Motion made by Commissioner Irvin, seconded by Shank, to promote April Hinkle to the position of Supervisor at the Breezewood Tourist Information Center to fill an existing vacancy. Unanimously approved. PROMOTION - ASSISTANT SUPERINTENDENT - ROADS DEPARTMENT Motion made by Commissioner Roulette, seconded by Irvin, to promote James Sterling to the new position of Assistant Suuperintendent at the Roads Department at Grade 11, Step C. Unanimously approved. ADJOURNMENT Motion made by Commissioner Shank, seconded by Downey, to adjourn at 3:15 p.m. Unanimously approved. County Attorney , Clerk