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HomeMy WebLinkAbout960319 March 19, 1996 Hagerstown, Maryland The Commissioners attended the Annual Extension Service Breakfast Meeting at 7:30 a.m. The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Gregory I. Snook, with the following members present: Vice President John S. Shank, and Commissioners Ronald L. Bowers, R. Lee Downey, and James R. Wade. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES - MARCH 12, 1996 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of March 12, 1996, as submitted. Unanimously approved. COMMISSIONERS' REPORTS AND COMMENTS Commissioner Snook reported on the breakfast meeting with the Extension Service. He stated that he helped to judge the 4-H public speaking contest. Commissioner Shank reported on the Housing Authority meeting. He also commented on the tour of Springfield Middle School and Williamsport High to observe their new computer technology. LINE ITEM TRANSFER - CHANGE ORDER FOR WATER/SEWER RATE STUDY Motion made by Commissioner Wade, seconded by Shank, to approve the transfer of $10,000 from CIP Budget Account 40-5-1302-580-084 (Nicodemus WWTP Repairs) to Account 40-5-1302-580-082 to fund changes/additions to the scope of work in the Water and Sewer Rate Study being performed by Black & Veatch. Unanimously approved. The Commissioners discussed the additional financial options on Alternative 2 being developed by the consultant and agreed to cancel the workshop scheduled for March 21 to allow more time to review the material. The Commissioners decided to reschedule the workshop for Tuesday, March 26 at 1:30 p.m. FEMA PROJECT UPDATE AND ENGINEERING PRIORITIES Gary Rohrer, Director of Public Works, and Terry McGee, County Engineer, met with the Commissioners to review engineering priorities and how the priority list was affected by the flood which occurred in January. Mr. McGee discussed the process used by FEMA to determine eligible damage costs. He stated that the County submitted total damage costs of $539,329 to FEMA for 75% reimbursement. FEMA responded that their share is $339,000 or approximately $90,000 lower that the County anticipated. Mr. Rohrer said that they will appeal this to FEMA. Mr. McGee also urged the Commissioners to contact members of the Washington County Delegation to the General Assembly to have the additional appropriations from FEMA to MEMA released for disbursement to the affected counties. PUBLIC HEARING - ADOPTION OF 1996 NATIONAL ELECTRICAL CODE The Commissioners convened the public hearing at 10:08 a.m. for the purpose of considering the repeal of the 1993 National Electrical Code (NEC) and enacting the 1996 National Electrical Code for Washington County. Paul Prodonovich, Director of Permits & Inspections, was present to review the updated Code. The meeting was then opened for public comment. No one spoke in favor of or in opposition to the proposed adoption of the 1996 NEC, and the hearing was closed at 10:12 a.m. Motion made by Commissioner Bowers, seconded by Shank, repeal the 1993 National Electrical Code and to adopt the 1996 National Electrical Code for use by Washington County, to become effective April 1, 1996. Unanimously approved. PUBLIC HEARING - ECONOMIC DEVELOPMENT BOND FOR PURINA MILLS, INC. The Commissioners convened the Public Hearing at 10:23 a.m. to permit residents of Washington County to appear and testify concerning the proposed issuance and sale of Economic Development Revenue Bonds in an aggregate amount not to exceed $9,000,000 to Purina Mills, Inc. Timmy Ruppersberger, Bond Counsel from Eastwick, Rose, & Wright, explained that the bond funds would be used to finance the construction of a facility containing approximately 20,000 square feet of manufacturing, warehouse and support space, equipment, and any other improvements or interest in land necessary for the operation of the facility on a 12.2 acre parcel located on Hopewell Road. She stated that neither the bonds nor the MARCH 19, 1996 PAGE TWO interest would ever constitute financing indebtedness or a charge against the general credit or taxing powers of the County Commissioners or a liability of the County. Commissioner Snook opened the hearing for public testimony. Donald Allensworth spoke in opposition to issuance of economic development bonds to Purina Mills. Charles Shindle spoke in favor of the proposal. Ms. Ruppersberger explained how the economic revenue bond process works and the schedule of repayment of the bonds. She stated that no money from taxpayers is used to repay the bonds and it will not affect the County's credit rating. Motion made by Commissioner Wade, seconded by Bowers, to approve the issuance of $9,000,000 in Economic Development Revenue Bonds to Purina Mills, Inc. to be used to finance the construction of a 20,000 square foot facility for manufacturing, warehouse and support space, equipment, and other improvements necessary to the operation. Motion carried with Commissioners Wade, Bowers, Downey, and Snook voting "AYE" and Commissioner Shank "ABSTAINING". CITIZENS PARTICIPATION Donald Allensworth spoke in opposition to the proposed legislation to exempt industrial and commercial property from the Forest Conservation Act. Doris and Robert Rubeck asked the Commissioners for their help in expediting measures to correct problems with drainage and flooding they encounter on their property on Londontowne Drive. CATOCTIN MOUNTAIN PARK ZOOLOGICAL SOCIETY Robert Arch, Director of Planning & Community Development, introduced Gerry Straken, President of the Catoctin Mountain Park Zoological Society, and Melvin Danner, Executive Director, to the Commissioners. Mr. Arch informed the Commissioners that they toured the Agricultural Education Center property to determine if it would meet the needs of the Zoological Society. Mr. Straken provided a history of the Society and informed the Commissioners of its difficulties in negotiating for an extension of their current lease in Frederick County which expires in June. He also provided brochures on some of the educational programs the zoo sponsors each year. Mr. Danner provided information on their current financial situation. The Commissioners asked Mr. Arch to continue working with the zoo to try to locate a site to meet its requirements. REZONING CASE RZ-95-08 - PRIME RETAIL Richard Douglas, County Attorney, informed the Commissioners that the findings of fact were reworded to address the points made at the March 5 meeting regarding the ten (10) day period for public comment. He noted for the record that John Urner, attorney for the applicant - Conewago Contractors/Prime Retail, and William Wantz, attorney for several property owners in the vicinity of the rezoning case, were present at the meeting. The subject property is located in the Funkstown Election District at the northwest quadrant of the intersection of Maryland Route 65 and I-70. The property which is being requested for rezoning consists of 42.85 acres and is part of a larger tract of land owned by Conewago Contractors. The total acreage of the tract is 60.89 acres. The subject has frontage on the right- of-way of I-70, Maryland Route 65 and is located along Oak Ridge Drive. (a) Definition of the neighborhood. Since the rezoning proceeds on the basis of mistake, there is no need to define the neighborhood. (b) The report and recommendations of the Planning Commission. The Washington County Planning Commission took action at a special meeting held on Tuesday, February 20, 1996, to recommend approval of map amendment RZ-95-08. The action was based upon the determination that an error was made in the zoning applied to this property as part of the last comprehensive rezoning completed in this area. The Commission's decision was rendered upon discussion after independent review and deliberation of testimony given at the public hearing held on November 11, 1995, comments received from reviewing agencies and responses thereto, correspondence in lieu of public hearing testimony received during the 10-day period following the public hearing, and Staff Reports dated October 26, 1995 and January 31, 1996. MARCH 19, 1996 PAGE THREE The recommendation of the Planning Commission was predicated upon the position that HI-1 zoning, as originally recommended by staff at the time of the last comprehensive rezoning associated with this property, was in fact the most logical and appropriate classification for this property. It was therefore error to change the zoning to a classification which was not the most logical and appropriate even though requested to do so by the property owner. The Planning Commission, in accordance with Section 16.0 of the Zoning Ordinance, accepted the Staff's findings of fact as its own. In addition, the Planning Commission stated several positions which would apply to any future development plan(s) submitted for this site: 1. Approval of the rezoning request shall not confer or imply any acceptance for review or approval of the site plan presented during testimony by the applicant at the public hearing. 2. Approval of the rezoning request shall not confer or imply any acceptance or approval of the traffic study presented during testimony by the applicant at the public hearing nor should it be construed or implied that the submitted traffic study was completed in accordance with the County or State standards. 3. Approval of the rezoning request to HI-1 would invalidate the previously submitted Red Fox Farm subdivision plan since new residential lots are not permitted to be subdivided in an HI-1 area. It should be understood that the action of rezoning the property to HI-1 carries no vesting of interest or grandfathering provision with regard to the residential subdivision previously proposed. All future development must be completed in accordance with the regulations pertaining to an HI-1 district. (c) Population change in the area of the proposed change. The proposed rezoning is located in the Funkstown Election District, District 10. Census data indicates that population in this district has increased between 1970 and 1990. These years reflect the population change that has occurred since the adoption of Zoning in 1973. There was a 19.6% increase in population from 1970 to 1980, and a 15.8% increase in population from 1980 to 1990. (d) Availability of public facilities in the area. The Washington County Water and Sewerage Plan designated the subject property as having a water service priority of W-1 (existing service) and a sewer priority designation of S-3 (programmed service). Public water to this site is provided by the City of Hagerstown, Water Department. Sewer service is provided by the Washington County Water and Sewer Department. The subject site is located within Sanitary Subdistrict 14. Sewage treatment is provided by the City of Hagerstown, Water Pollution Control, at the Hagerstown sewage treatment plant. Fire protection is provided by the Funkstown Volunteer Fire Company located in the Town of Funkstown. Emergency medical service is provided by Community Rescue Service located in the City of Hagerstown. The County Commuter bus system serves this site by making two trips per day on Wednesday and Saturday via its scheduled route to Sharpsburg. The subject site is within the public school districts of Emma K. Doub Elementary School, E. Russell Hicks Middle School, and South Hagerstown High School. The proposed zoning of HI-1 is a commercial classification that does not permit new residential uses. No increase in school enrollment would be expected to result from the development of this property under the proposed HI- 1 zoning classification. (e) Present and future transportation patterns in the area. The 42.85 acres of land which the Applicant is requesting to be rezoned from HI-2 to HI-1 is part of a larger parcel, the remainder of which is currently zoned HI-1. This property has approximately 200 feet of frontage on Oak Ridge Drive and approximately 83 feet of usable frontage on Sharpsburg Pike (Maryland Route 65). The property also has frontage on I-70 but no access thereto. The Washington County Highway Plan classifies Oak Ridge Drive as a Major Collector. The function of this classification is to provide for intra-county travel. Major Collectors typically carry 2,000 to 10,000 vehicles per day in an MARCH 19, 1996 PAGE FOUR urban setting. Sharpsburg Pike is classified as a Minor Arterial. This type of highway is to provide for inter-regional travel and is expected to carry between 5,000 and 25,000 vehicles per day. Historical data reviewed from the State Highway Administration (SHA) Traffic Volume Maps indicate an upward growth trend in traffic on Maryland 65 since the inception of zoning in 1973. The County Engineer takes no exception to the proposed rezoning, although he stated that: "Regardless of the zoning for this tract, traffic generated by its development is of significant concern. Off-site improvements will most likely be required and will be controlled by the Adequate Public Facilities Ordinance and the Road Adequacy Policy as part of any site plan or subdivision approval". Ronald Burns from the State Highway Administration recommended that a preliminary traffic study be performed to determine the traffic impacts this rezoning would have on Maryland 65. He stated the study should include, but not be limited to, the feasibility of improvements at the Maryland 65/Oak Ridge Drive intersection. (f) Compatibility with existing and proposed development in the area including indication of neighboring sites identified by the Washington County Historic Sites Survey and subsequent revisions or updates. The subject property is part of a larger parcel located in the northwest quadrant of the interchange of I-70 and Maryland Route 65 (Sharpsburg Pike). Directly to the west is property owned by the Review and Herald Publishing Company which is the site of a printing plant. To the north is Oak Ridge Drive. There are several single-family residential properties located between the subject property and Oak Ridge Drive. To the East is Sharpsburg Pike. There are also several residential properties as well as a convenience store located between the subject property and Sharpsburg Pike. To the south is I- 70. The Sharpsburg Pike corridor in the vicinity of I-70 has been evolving from a primarily residential area to a commercial area oriented to the I-70 interchange including fast food restaurants, convenience stores and service stations. Several new residential developments have also been established in this area. State Police Barracks "O", State Highway Administration and Maryland Motor Vehicles Administration offices are also located in this area. Additional new residential and commercial development is proposed in this area, including a residential development on the subject property that has received conditional subdivision approval. There are several existing structures identified on the Washington County Historic Sites Survey within a one mile radius of the subject property. However, none of these sites are located on the subject property nor are any of the sites listed on the National Historic Register. (g) The relationship of the proposed change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The subject property is located within the Urban Growth Area. The Comprehensive Plan makes land use policy statements for several types of development within this area. The requested HI-1 zoning classification is primarily a commercial/light industrial designation. The Planning Commission's Staff Report made note of several excerpts from the Comprehensive Plan concerning commercial development which may be considered applicable to this case. (h) Whether there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property. Based on comprehensive plan policies and neighborhood compatibility, it would appear that the proposed rezoning would be appropriate and logical for the subject property. However, the appropriateness is conditioned on needed improvement to community infrastructure being in place. Because of the potential for substantial off-site road improvements to address the impact of the proposed development, the developer shall address the adequacy issue in accordance with the Adequate Public Facilities Ordinance. This will be addressed in the site plan approval process to assure that adequate resources to mitigate the impact will be put in place. Motion made by Commissioner Bowers, seconded by Shank, to accept the following Findings of Fact presented by the County Attorney together with the Report and Recommendation of the Planning Commission for RZ-95-08, pursuant to Section 27.3 MARCH 19, 1996 PAGE FIVE of the Zoning Ordinance of Washington County. Motion carried with Commissioners Bowers, Shank, Downey, and Snook voting "AYE" and Commissioner Wade "ABSTAINING". Motion made by Commissioner Bowers, seconded by Downey, that based on the findings of fact as presented and the report and recommendation of the Planning Commission, there has been a mistake in the existing zoning classification. Motion carried with Commissioners Bowers, Shank, Downey, and Snook voting "AYE" and Commissioner Wade "ABSTAINING". Motion made by Commissioner Bowers, seconded by Downey, based upon the findings of fact as presented, the report and recommendations of the Planning Commission, and the fact that there has been a mistake in the existing zoning, that there has been a convincing demonstration that the rezoning would be appropriate and logical for the subject property. Motion carried with Commissioners Bowers, Shank, Downey, and Snook voting "AYE" and Commissioner Wade "ABSTAINING". Motion made by Commissioner Downey, seconded by Bowers, based on the previous Motions for RZ-95-08, that the subject property be rezoned from Highway Interchange 2 (HI-2) to Highway Interchange 1 (HI-1). Motion carried with Commissioners Bowers, Shank, Downey, and Snook voting "AYE" and Commissioner Wade "ABSTAINING". Commissioner Wade noted for the record that he is in support of this rezoning but, due to the proximity of his business to the subject property, he feels he should abstain from voting. ADMINISTRATOR'S COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that he, Debra Bastian, Director of Finance, and Gary Rohrer, Director of Public Works, will meeting with the Washington County Delegation tomorrow. He informed the Commissioners that budget workshops have been scheduled for March 28, April 4 and April 18. COUNTY ATTORNEY ISSUES Richard Douglas, County Attorney, informed the Commissioners that the Mental Health Authority and Mental Health Center settled their dispute regarding an agreement on payments advanced to the Mental Health Center. Mr. Douglas also informed the Commissioners that Top Flight paid $269,000 owed to the County for back real estate and personal property taxes last week from its refinance. Mr. Douglas provided information on the MOSH pre-hearing conference last week in the Keith Shives' matter. RESOLUTION TO ADOPT TECHNICAL AMENDMENTS TO EMPLOYEES RETIREMENT ACT Motion made by Commissioner Shank, seconded by Wade, to approve amendments to the Employees Retirement Plan of Washington County to conform to intervening changes in government law and regulations. Unanimously approved. RECESS - LUNCH The Commissioners recessed at 12:08 p.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at 1:04 p.m. by the President, Gregory I. Snook, with the following members present: Vice President John S. Shank, and Commissioners Ronald L. Bowers, R. Lee Downey, and James R. Wade. BUDGET HEARING - WASHINGTON COUNTY HEALTH DEPARTMENT Dr. Robert Parker, Health Officer, presented the Fiscal Year 1997 budget request from the Washington County Health Department in the amount of $2,374,177 as the County's local share of the total budget of $9,565,177. He provided an overview of services offered by the Health Department. MOSQUITO CONTROL AGREEMENT - STATE DEPARTMENT OF AGRICULTURE Motion made by Commissioner Downey, seconded by Bowers, to approve the 1996 Mosquito Control Agreement with the Maryland Department of Agriculture for its spraying program as outlined. Unanimously approved. MARCH 19, 1996 PAGE SIX EVENING SESSION - FISCAL YEAR 1996-97 BOARD OF EDUCATION BUDGET HEARING The Evening Session was called to order at 7:00 p.m. by the President, Gregory I. Snook, with the following members present: Vice President John S. Shank, and Commissioners Ronald L. Bowers, R. Lee Downey, and James R. Wade. Also present were Board of Education members, Thomas Berry, Janice Cirincione, B. Marie Byers, Dori Nipps, and Robert Kline. Mr. Berry presented the Board of Education's budget request for Fiscal Year 1996-97, which includes a County appropriation of $47,812,904 and a one-time request for $1,300,000 for a technology program. Mr. Berry presented information on the technology plan. Ms. Cirincione presented the personnel requests. Ms. Nipps provided information on the cost-shifting for Title I, transportation, and special education funding. Mr. Kline made a presentation on special education funding. Ms. Byers furnished information on materials and instruction. The meeting was then opened for public questions and comments. After hearing all comments, the meeting was adjoured at 9:05 p.m. County Administrator County Attorney , Clerk