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HomeMy WebLinkAbout891114November 14, 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 Downey, followed by the Pledge of Allegiance to the Flag by the full assemblage. DONATION OF BOOKS - J.B. LIPPINCOTT COMPANY Rob Storer, member of the Children's Council, appeared before the Commissioners to introduce Gloria Bitner and Lorena Sterns, representing the J. B. Lippincott Company, who donated $800 worth of books to the Children's Council for the Family Friendly Waiting Area project. Commissioner Bowers thanked them for their interest in the youth of the community and for their generous contribution. BOARD/COMMISSION REPORTS Commissioner Downey reported on the Advisory Board of Health meeting; Commissioner Irvin reported on the Children's Council meeting, the Airport Commission meeting and the Historical Advisory Commission meeting; and Commissioner Roulette reported on the workshop meeting of the Planning Commission. APPOINTMENT - CHILDREN'S COUNCIL Motion made by Commissioner Roulette, seconded by Shank, to appoint Verna See, representing the Juvenile Services Agency, to the Children's Council for a three- year term. Unanimously approved. APPROVAL OF MINUTES - OCTOBER 24 & 31, 1989 Motion made by Commissioner Irvin, seconded by Downey, to approve the minutes of October 24 and 31, 1989, as corrected. Unanimously approved. REVIEW PLANS - ADMINISTRATION BUILDING Gary Rohrer, Chief, Division of Planning & Codes Administration, appeared before the Commissioners to review the revised plans for the Administration Building. Mr. Rohrer reviewed the second and third floor plans and the Commissioners gave their approval to these concepts. Mr. Rohrer then reviewed two options for the first floor. Option A includes placing offices for the Economic Development Commission and the Election Board on the first floor. Option B proposes to include the Economic Development Commission office with conference room and a mail/copy room. The Commissioners asked that Mr. Rohrer check with Columbia First Federal to see if they would be willing to relinquish a small portion of their space, but the Commissioners felt that the area was too small for both offices to be located on this floor if additional space could not be obtained. STATUS REPORT - DOUB ROAD Glenn Dull, County Engineer, gave a status report on the Doub Road project. Mr. Dull stated that, weather permitting, the concrete forms for the curbs would be set today or tomorrow and the original project to the railroad tracks will be ready for paving. Mr. Dull also stated that the contractor has assured him that all paved shoulders will be in place by the end of December. NOVEMBER 14, 1989 MINUTES, CONT'D. REZONING CASE RZ-378 (REMAND) Definition of Neighborhood Motion made by Commissioner Shank, seconded by Roulette, to accept the definition of neighborhood as follows: The subject site is located in a rural portion of Washington County, Maryland. The neighborhood extends one-third of a mile south to the Town limits of Boonsboro, one-half mile to the east and west, and one-half mile north of its location. Unanimously approved. Findings of Fact - RZ-378(REMAND) Motion made by Commissioner Roulette, seconded by Shank to adopt the following Findings of Fact for Rezoning Case RZ-378(REMAND) in accordance with Section 27.3, Zoning Ordinance of Washington County: (a) The report and recommendations of the Planning and Zoning Commission. The Board of County Commissioners considered the report and recommendations of the Planning and Zoning Commission of Washington County. The Planning and Zoning Commission on November 7, 1989 indicated to the Board of County Commissioners that it voted on November 6, 1989 to recommend the DENIAL of the rezoning of property owned by Kenneth F. Clements. (b) Population change in the area of the proposed change. The Boonsboro Election District has experienced an increase in population between 1940 and 1980 of approximately 68% and is expected to experience, according to the Planning Department, an additional 8% increase by the year 2000. (c) Availability of public facilities in the area. There is no service or planned service to the subject parcel. The Washington County Water and Sewerage Plan designates the subject property as W-7 and S-7. In addition, the Town of Boonsboro will not extend public sewer outside its corporate limits to this property unless this property is annexed into the Town, and there is no indication on the part of either the Town or the owners of this property to agree to such an annexation. Fire protection is provided by the Boonsboro Volunteer Fire Department which is located approximately one mile away from the subject site and emergency medical service is provided by the Boonsboro Rescue Company 69 which is located adjacent to this site. The property is served by the County Commuter which has two scheduled trips on Wednesdays and Saturdays. (d) Present and future transportation patterns in the area. The rezoning site is located along the east side of Alternate Route 40, approximately one-third of a mile north of Boonsboro's town limit. The site has 767 feet of road frontage on Alternate Route 40 which is classified by the County's Highway Plan as a minor arterial and has a restriction of 500 feet between all new access points. The State Highway Administration has confirmed that site distance in the area of RZ-378 (REMAND) is adequate. The site is in close proximity to Maryland Routes 40, 68, 34, and 66. Maryland Alternate Route 40 runs north and south between Hagerstown and the Town of Boonsboro. (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. The subject site is classified Agricultural at this time and to the south and immediately adjacent to the property is the Boonsboro Rescue Company 69 and the Boonsboro Church of God. Both of these properties are currently Agricultural. Lying to the west and across Alternate Route 40 lie several properties with a classification of Business General. These include the Washington County National Bank, the Boonsboro Pharmacy, Boonsboro Produce Market, and the Boonsboro Auction House Restaurant and Flea Market. Seven variety stores are located in the Auction House complex and all have a Business General classification. The northern and eastern property line of subject RZ-378 (REMAND) abuts a fifteen acre parcel owned by Bruce Yommer. This parcel is used for farming purposes and is currently zoned Agricultural. Immediately north and adjacent to Mr. Yommer's property is a 179 - acre dairy farm owned by Mr. and Mrs. Lloyd B. Ford which is currently in the Agricultural Preservation District with its development rights easements having been sold to the Maryland Agricultural Land Preservation Foundation. In RZ-265, the 20 -acre site which includes the Washington County National Bank, Boonsboro Pharmacy, produce market and the Auction House Restaurant and Business Complex, was reclassified from Agriculture to Business General in December, 1983. A change in the zoning classification from Agriculture to Business Local does not appear to be incompatible with the existing commercial usage of the property NOVEMBER 14, 1989 MINUTES, CONT'D. immediately around the subject site. However, added commercial establishments which conflict with the predominant agricultural character of those lands lie immediately to the east and north. Two houses of mid -19th century architectural significance are located in the vicinity of this property. The farmhouse located on the adjacent Ford farm is listed in the Washington County Historic Sites Survey as well as the farmhouse located on the J & W Association parcel. Also located on the Ford farm is Lydia Shunk's Graveyard which dates from around 1740. This graveyard is significant for its record of Washington County's 18th and early 19th century residents in the Boonsboro area. The plot is enclosed with a wire fence and has been restored by the Boonsboro Historical Society. It is also listed in the Washington County Historic Sites Survey. (f) The relationship of the proposed change to the Adopted Plan for the county, Development Analysis Plan Map and Policies. The subject property is located entirely within the adopted Boonsboro Town Growth Area established by the County's Comprehensive Plan. The Plan encourages development within the Growth Area which in turn relieves pressure on the rural parts of the County and makes the most of current investments in infrastructure. Land use policies should encourage and support commercial development by ensuring that sufficient land is reserved for commercial use to provide for the shopping and service needs of the population of Washington County. These land use regulations also guide commercial development to those locations most appropriate to the type of use and where such uses can be adequately provided. (g) Whether there has been a substantial change in the character of the neighborhood where the property is located. The Board of County Commissioners find that there has been a substantial change in the character of the neighborhood where the property is located. There is a substantial increase in construction of residential dwellings in the immediate neighborhood as well as a very large increase in the number of subdivisions for residential development. The property is located within the Growth Area of Boonsboro and Business Local services will be required to service the increased residential development in the immediate area. (h) Whether there was a mistake in the existing zoning classification. No claim has been made that a mistake in the subject site's original zoning classification was made, and there is no evidence to support a mistake in the existing zoning classification. (i) Whether there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property. Yes. Motion carried with Commissioners Roulette, Shank, Downey and Bowers voting "AYE" and Commissioner Irvin voting "NO". Determination that Rezoning is Appropriate and Logical - RZ-378(REMAND) Motion made by Commissioner Roulette, seconded by Downey, based on the adopted Findings of Fact, the substantial change in the character of the neighborhood, the demonstration that the proposed rezoning is located within the Town Growth Area and does comply with the goals of the Comprehensive Plan, that there has been a convincing demonstration that the rezoning is appropriate and logical for the subject parcel. Motion carried with Commissioner Roulette, Downey, Shank, and Bowers voting "AYE" and Commissioner Irvin voting "NO". Approval of RZ-378(REMAND) Motion made by Commissioner Roulette, seconded by Shank, to APPROVE RZ-378(REMAND) based on the testimony given at the public hearing, the Findings of Fact adopted by the Board of County Commissioners, the definition of neighborhood, the consider- ation of the recommendation of the Planning Commission and the determination that there has been a substantial change in the character of the neighborhood. Motion carried with Commissioners Roulette, Shank, Downey and Bowers voting "AYE" and Commissioner Irvin voting "NO". NOVEMBER 15, 1989 MINUTES, CONT'D. BID OPENING - FLEET INSURANCE Bids for County vehicle Fleet Insurance were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Wright Gardner Insurance Company - renewal quote $126,639.29; Poor, Bowen, Bartlett & Kennedy - $184,198; Corroon & Black, through the Hartford Insurance Co. - $113,205; and NCI Transportation Service - $154,031. The bids will be reviewed by appropriate officials prior to a decision being rendered. CHANGE ORDER - COUNTY COMMUTER Motion made by Commissioner Downey, seconded by Irvin, to approve a Change Order in the amount of $1,300 submitted by Robert F. Zeigler, Inc. to extend the existing piping area into the bus storage area and provide 5 new drops. Unanimously approved. DRUG FREE SCHOOL ZONE MAP - ADOPTED ORDINANCE Ralph France, County Attorney, informed the Commissioners that he had prepared a draft ordinance to adopt maps prepared by the Board of Education designating Drug - Free School Zones. The Commissioners requested that he amend the Ordinance to include maps for private and parochial schools and also directed Mr. France to proceed in scheduling a public hearing for this ordinance. LINE ITEM TRANSFER - HAGERSTOWN JUNIOR COLLEGE Motion made by Commissioner Roulette, seconded by Shank, to approve the line item transfer requested by Hagerstown Junior College, within their current Capital Budget, of $17,610 from the balance left in the Re -roofing Project to correct the problem with 6 transformers as required by State law. Unanimously approved. BID AWARD - TOURISM CALENDAR OF EVENTS Motion made by Commissioner Irvin, seconded by Roulette, to relieve Powell Printers, Inc., of their bid of $8,277.42 submitted for the Tourism Calendar of Events as recommended by the Purchasing Agent, due to an error in the compilation of the bid. Unanimously approved. Motion made by Commissioner Shank, seconded by Roulette, to award the bid for the Tourism Calendar of Events to Tri-State Printing, who submitted the next low bid of $15,828.08. Unanimously approved. RE/APPOINTMENTS - DRUG & ALCOHOL ABUSE ADVISORY COUNCIL Motion made by Commissioner Downey, seconded by Irvin, to appoint Michael Sweeney to a three-year term on the Drug & Alcohol Advisory Council. Unanimously approved. Motion made by Commissioner Downey, seconded by Roulette, to reappoint Steve Blevins to the Drug & Alcohol Abuse Advisory Council for a three-year term beginning July I, 1989 through July I, 1992. Unanimously approved. Motion made by Commissioner Downey, seconded by Shank, to extend the appointment of Rev. Donald Evason, from October 15, 1987 through October 15, 1990. Unanimously approved. DETENTION CENTER EXPANSION Circuit Court Judge Fred Wright, District Court Judge Darrow Glaser, and Sheriff Charles Mades met with the Commissioners to discuss the proposed Detention Center expansion project of a 70 -bed addictions unit. Commissioner Bowers asked the judges if they could project the number of cells which will be needed. Judge Wright and Judge Glaser provided statistics on the increase in the number of persons incarcerated and stated that the largest increase has been in short-term sentences for drug and alcohol abuse, but also agreed that they cannot predict how many cells will be needed. They endorsed increasing the work release and treatment programs for substance abuse. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Shank, to convene in Executive Session at 12:35 p.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 Shank, to reconvene in Regular Session at 1:35 p.m. Unanimously approved. NOVEMBER 14, 1989 MINUTES, CONT'D. COUNCIL ON CHRONIC MENTAL ILLNESS - CORE SERVICES AGENCY Members of the Council on Chronic Mental Illness appeared before the Commissioners. Robert Brandt presented a brief history of the Council, which was charged with recommending improvements for community-based services to persons with chronic mental illness. Mr. Brandt's report stated that during deliberations, the Council explored options for improving planning, funding and monitoring local, publicly -funded mental illness services, and that they are now recommending establishment of a Core Services Agency. William Kercheval, also a member of the Council, informed the Commissioners that establishment of a CSA would provide more control on the local level, centralize local planning through broad-based participation, improve interagency coordination of services and provide staff dedicated to these functions. Richard Grumbacher requested that the Commissioners endorse the concept and help their efforts by appointing persons to work with the Council in preparation of an implementation proposal required by the State. Motion made by Commissioner Roulette, seconded by Irvin, to endorse the concept of establishing a Core Services Agency to deal with the problems of persons with chronic mental illness, as recommended by the Council on Chronic Mental Illness. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Shank, to convene in Executive Session at 2:15 p.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. At 3:10 p.m. President Bowers was excused from the Meeting and Vice President Irvin assumed the Chair. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Shank, to convene in Regular Session at 3:30 p.m. Unanimously approved. RE/APPOINTMENTS - RECREATION COMMISSION Motion made by Commissioner Shank, seconded by Roulette, to reappoint James Brown to a three-year term and to appoint Ransom Doyle to a three-year term on the Hagerstown/Washington County Recreation Commission. Unanimously approved. VACATION CALCULATION - FORMER PEP/CETA EMPLOYEES Motion made by Commissioner Roulette, seconded by Shank, to approve a change in County policy regarding accumulation of vacation time for those employees who were formerly employed through the PEP or CETA Program and allow accumulation to be calculated using the date of hire through these programs as opposed to their formal County employment hire date. Unanimously approved. ADMINISTRATION BUILDING PLANS - FIRST FLOOR Gary Rohrer met with the Commissioners regarding the plans for the first floor of the Administration Building. Mr. Rohrer stated that he had contacted Columbia First Federal about acquiring additional space, but they could not provide a definite answer until contacting their main office. Mr. Rohrer stressed the fact that he is on a time schedule and would like to move forward. TheCommissioners agreed to Option "A" presented earlier which would place the Economic Development and a mail/copy room on the First Floor of the Administration Building. RECESS The Meeting was recessed at 3:55 p.m. JOINT PUBLIC HEARING - REZONING CASES RZ-437 AND 438 - INTENSIVE SWINE & POULTRY FACILITIES The Evening Session was convened in a Joint Public Hearing, held by the Washington County Commissioners and the Planning Commission at 7:00 p.m. in Court Room No. I of the Washington County Court House to hear testimony regarding RZ-437 and RZ- 438. Presiding at the hearing were County Commissioners' President, Ronald Bowers, and Planning Commission Vice -Chairman, Bertrand Iseminger. Also present were Vice President Linda C. Irvin and Commissioners R. Lee Downey, Richard E. Roulette, and John S. Shank; and Planning Commission members Steven West, Carol Johnson and Bernard Moser. Planning Commission Chairman Donald Zombro arrived at 7:35 p.m. Members of the Planning Commission staff present were James Brittain, Director, and NOVEMBER 14, 1989 MINUTES, CONT'D. Timothy Lung, Associate Planner, along with Gary Rohrer, Chief, Division of Planning & Codes Administration. After hearing all testimony, it was announced that the record would remain open for ten (10) days to allow additional testimony to be submitted in writing. The hearing was adjourned at 8:35 p.m. County Attorney , Clerk