HomeMy WebLinkAbout960604
June 4, 1996
Hagerstown, Maryland
The Commissioners attended a breakfast meeting at Ft. Ritchie with Maryland
State Treasurer, Richard Dixon, which was sponsored by Maryland Business for
Responsive Government at 7:30 a.m.
The Regular Meeting of the Board of County Commissioners of Washington County
was called to order at 10:00 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 Downey, followed by the Pledge of
Allegiance to the Flag by the full assemblage.
CERTIFICATE OF APPRECIATION - CHILDREN'S COUNCIL
Stacey Jenkins, Co-Chair for the Washington County Children's Council,
presented a Certificate of Appreciation to Jean Selby for the time and effort
she put forth to assure that the Children's Council operations ran smoothly.
CERTIFICATE OF RETIREMENT - HAROLD CHURCHEY
Commissioner Snook presented a Certificate of Merit to Harold Churchey in
recognition of his 32 years of faithful and dedicated service to the employees
of Washington County through management of the snack bar in the Court House
through the Maryland Workshop for the Blind. The Commissioners commended Mr.
Churchey for his excellent work. Mr. Churchey thanked the Commissioners for
the certificate and for their kindness.
BOARD OF EDUCATION - MATCHING GRANT APPLICATION FOR COMMUNICATIONS WIRING
Dr. Wayne Gersen, Superintendent of the Board of Education, met with the
Commissioners to inform them that the Governor's budget included funds
earmarked for local Boards of Education to install communications wiring for
computer technology within the schools. He stated that the Washington County
Board of Education voted at its May 28 meeting to commit $210,000 of its FY
1997 CIP for the local match, along with committing the funds needed to
complete the Smithsburg Elementary School project. Dr. Gersen explained that,
in order to obtain the State funds, the Board of Education must submit a
competitive grant document for each site and demonstrate that it has the
matching funds. He stated that if the Board receives the funds, the Board
intends to provide the communications wiring for Hancock, South Hagerstown,
Williamsport, Boonsboro, and Clear Spring High Schools. If the Board decides
to allocate funds for the renovation of South High, the wiring of South High
would be deferred until the renovation is commenced. The Commissioners
reviewed the Board's CIP for 1996-2004 and discussed the prioritization of the
projects. Commissioner Bowers asked that the Board revisit the scheduling of
the Clear Spring Elementary School air-conditioning project.
Motion made by Commissioner Downey, seconded by Shank, to endorse the Board of
Education's application for State grant funds for the FY 1997 Technology in
Maryland Schools to install communications wiring within the schools with the
matching funds committed through the Board of Education's FY 1997 CIP budget.
Unanimously approved.
CITIZENS PARTICIPATION
Don Allensworth shared his views regarding a newspaper article about candidates
who may run for Governor in the next election.
FY 1997 PROGRAM OPEN SPACE - ANNUAL ACQUISITION PROGRAM
Ronald Kidd, Director of Recreation & Parks, met with the Commissioners
regarding the Program Open Space (POS) Annual Program for Acquisition for
Fiscal Year 1997. Mr. Kidd reviewed the projects requested by the City of
Hagerstown for acquisition of three acres for the Fairgrounds - Reed Park and
5.6 acres for UNK (Hamilton Run Park). He also reviewed two requests from the
Town of Smithsburg for its new Veterans Park and a request for additional
acreage for the Black Rock Golf Course. Commissioner Shank voiced his concerns
regarding the use of POS funds for expansion of the Golf Course. The
Commissioners discussed the requests and asked for additional information on
the requests from Smithsburg and Hagerstown.
Motion made by Commissioner Downey to approve the FY 1997 Annual Acquisition
Program for Program Open Space with an amendment to include an additional
JUNE 4, 1996
PAGE TWO
$50,000 in the Smithsburg project by reducing the request for Black Rock Golf
Course by this amount. Motion died for lack of a second.
Motion made by Commissioner Downey, seconded by Bowers, to table any action on
the FY 1997 Program Open Space Annual Program for Acquisition for a two-week
period until additional information can be obtained on the projects.
Unanimously approved.
OPTION AGREEMENT - BIKLE ROAD BRIDGE PROJECT
Motion made by Commissioner Shank, seconded by Wade, to approve an Option
Agreement in the amount of $1,525 with I. June Hoffman for property needed for
the Bikle Road Bridge project. Unanimously approved.
RECESS - TOUR OF PHOENIX COLOR AND LUNCH
The Commissioners recessed at 10:58 a.m. to tour the Phoenix Color facility and
for lunch.
AFTERNOON SESSION
The Afternoon Session was convened at 1:22 p.m. by the President, Gregory Snook
with the following members present: Vice President, John S. Shank, and
Commissioners Ronald L. Bowers, R. Lee Downey, and James R. Wade.
BID AWARD - HEALTH CARE SERVICES FOR INMATES
Karen Luther, Purchasing Agent, and Sheriff Charles Mades met with the
Commissioners to discuss the award of the contract for health care services for
inmates at the Detention Center. Ms. Luther reviewed the bids and stated that
the Coordinating Committee is recommending that the contract be awarded to
PrimeCare Medical who submitted the low proposal of $348,996 annually. Sheriff
Mades explained the problems they are experiencing with vacant nursing
positions and the options proposed by PrimeCare to turn the positions over to
the contractor as they become vacant. Sheriff Mades also advised the
Commissioners that he has $261,000 budgeted for health care services in FY 97.
Motion made by Commissioner Shank, seconded by Bowers, to award the bid for
health care services for inmates at the Washington County Detention Center to
PrimeCare Medical who submitted the total proposal of $348,996, based on 300
inmates, and an additional fee of $1.59 per inmate per day for inmates over
300, and to approve the phase-in of Option II to contract for nursing services
at the additional compensation of $35,000 per position annually or $2,916.66
monthly. Unanimously approved.
The Commissioners asked that Sheriff Mades report back to them in six months on
the contracted health care services.
REZONING CASE RZ-96-01 AND RZ-96-02
Motion made by Commissioner Shank, seconded by Wade, to accept the definition
of the neighborhood, the following Findings of Fact presented by the County
Attorney together with the Report and Recommendation of the Planning Commission
for Rezoning Cases RZ-96-01 and RZ-96-02, adjoining properties, pursuant to
Section 27.3 of the Zoning Ordinance of Washington County. Unanimously
approved.
RZ-96-01 (Samuel O. and Patricia M. Powell) - Findings of Fact
(a) Definition of the neighborhood.
The subject property is located near Leitersburg, along the south side of MD
Route 60 (Leitersburg Pike), approximately 150 feet west of the intersection
with MD Route 62 (Little Antietam Road). The property consists of 0.67 acres
and is roughly rectangular in shape. The property fronts on and has access to
MD Route 60.
The property is currently the site of several businesses identified as Powell
Construction, Inc., Molten Manufacturing, and Powell Steamatic Air Duct
Cleaning. Topography of the site is flat. The majority of the site is taken
up by an existing building and parking/storage area.
(b) The report and recommendations of the Planning Commission.
The Washington County Planning Commission took action at their meeting held on
Monday, May 6, 1996, to recommend approval of map amendments RZ-96-01 and RZ-
96-02 based upon the determination that a mistake was made in the zoning
JUNE 4, 1996
PAGE THREE
applied to these properties 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 March 11, 1996, any correspondence received in lieu of public
testimony during the 10-day period following the public hearing, and Staff
Reports dated February 26, 1996 and April 18, 1996.
This recommendation was predicated upon the position that the RR classification
as originally recommended for these properties did not adequately consider the
existing non-residential land uses which existed on them at that time. In
addition, this action would be consistent with other rezonings in this area.
The Planning Commission also expressed the opinion that the proposed rezoning
would be logical and appropriate for the area since it is located on a minor
arterial road in close proximity to other non-residential uses.
(c) Population change in the area of the proposed change.
The proposed rezoning is located in the Leitersburg Election District (District
9). Population in this election district has increased approximately 24
percent between 1970 and 1990. This time frame reflects the population growth
that has occurred since the adoption of zoning in 1973. The increase in
population occurred during the 10 years between 1970 and 1980. According to
Census information, an 8.3 percent decrease in population occurred between 1980
and 1990.
Year Population Previous Decade
1970 2267
1980 3070 + 35.4 %
1990 2814 - 8.3 %
Source: U.S. Department of Commerce, Bureau of Census.
(d) Availability of public facilities in the area.
According to the Washington County Water and Sewerage Plan, public water and
sewer facilities are not currently available to this site nor are they planned
for the future. Development in this area must depend on individual wells and
septic systems to handle water and sewerage disposal needs. The Washington
County Health Department commented on this rezoning request by stating that,
"Limited repair area exists for septic systems. As a result, in the future,
they should maintain the same amount of gallons per day for the number of
existing employees.”
Fire protection is provided to the site by the Leitersburg Volunteer Fire
Company. Emergency medical service is provided by Ambulance Company 75,
Community Rescue Service in the City of Hagerstown.
There is currently no public transportation serving this area.
The subject site is within the school districts of Old Forge Elementary,
Smithsburg Middle, and Smithsburg High Schools. A reclassification of this
property to Business General would not have an impact on the schools in the
area because, even though this property currently has a residential zoning
classification, it is not being used for residential purposes.
(e) Present and future transportation patterns in the area.
The site of this rezoning request has frontage and access on MD Route 60
(Leitersburg Pike). Route 60 is classified as an Intermediate Arterial highway
according to the Washington County Highway Plan. Intermediate Arterial
highways serve as interregional roadways. That typically means that traffic
can be expected to exceed 5,000 ADT (average daily traffic) in a rural setting.
The rezoning site is located near the intersection of Route 60 with Route 62
(Little Antietam Road). Route 62 is classified as a Minor Collector highway
which handles inter-community traffic and typically carries between 500 and
1500 vehicles per day. Historic traffic counts taken by the State Highway
Administration between 1973 and 1993 are available at two locations near the
subject property, along Route 60 just west of Route 62 and along Route 62 just
south of the intersection. The actual traffic counts expressed as average
daily traffic (ADT) at these locations are listed below.
JUNE 4, 1996
PAGE FOUR
Year Route 60 Route 62
1973 7800 850
1976 8300 900
1980 7750 1075
1983 8400 1100
1986 8800 1600
1990 7125 1600
1993 9025 1725
The above counts indicate a modest increase in traffic on Route 60 compared
with a doubling of traffic on Route 62. One cannot determine the origin or
destination of the traffic based on these numbers. However, the rather low
population growth in this area may tend to indicate that the majority of the
traffic passing this point is not generated from within the area.
(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 located at what may best be described as the
development fringe associated with the village of Leitersburg. This is the
area where open farm fields give way to various forms of development on smaller
parcels oriented toward the major roads which pass through Leitersburg.
Decades ago, development in Leitersburg was concentrated in an area around the
intersection of Leiter Street and the Leitersburg -Smithsburg Road. Over the
years, development has spread out from this center. A catalyst for this was
the construction of the Route 60 bypass around Leitersburg which occurred prior
to 1950.
When zoning was implemented in Washington County in 1973, the entire
Leitersburg area including the subject property was zoned RR (Residential
Rural). The RR zoning basically contained those parcels that front on Leiter
Street between MD 62 and MD 60 north of Leitersburg, Ringgold Street to MD 418,
Leiters Mill Road, Leitersburg-Smithsburg Road and MD Route 60 in the vicinity
of Leitersburg. Property lying beyond these streets was zoned Agriculture.
In 1973, the subject property was being used commercially and was considered a
non-conforming use. This property continues to be used commercially and is
identified as the site of Powell Construction, Molten Manufacturing and
Steamatic Air Duct Cleaning. Directly adjacent to the subject site is a 0.5
acre property which is also being requested for rezoning to Business General
(RZ-96-02). This property is being used commercially as a retail billiard
supply store and is considered a non-conforming use. There were several other
non-conforming uses in the immediate area in 1973, some of which have ceased to
exist, Leather's Building Supply and Leitersburg Market, and some which
continue to function such as Milmar Plastics and the Leitersburg Tavern.
The commercial use of two properties 0.2 miles east of the subject property
along Route 60 also predate zoning and were originally zoned RR and considered
non-conforming uses. In 1991 these two properties were rezoned to Business
General based on a mistake in the original zoning (RZ91-7 and RZ91-8). These
properties currently contain an Exxon gas station/convenience store and
Antietam Automotive, an automotive sales and repair facility. Based on the
predominate residential and agricultural zoning in the area, it can be expected
that agricultural uses as well as continued residential development will occur
in this area.
The applicant in this case is requesting Business General zoning. This
classification is the most intense commercial designation in the Washington
County Zoning Ordinance. Less intense commercial classifications are Business
Local and Business Transitional. Due to the fact that the subject property has
been used commercially for many years, continued use of the property for
commercial use would not appear to be incompatible with existing development in
the area. Under the current RR zoning any change in use would require Board of
Zoning Appeals approval as a change in non-conforming use. The amount of
permitted expansion is also limited. A rezoning to BG would permit all of the
principal permitted uses under the BG section of the Zoning Ordinance. Some of
these uses may not be compatible with existing nearby residential development.
The following historic sites listed on the Washington County Historic Sites
Survey are located within a 0.5 mile radius of the proposed rezoning. None of
the sites are located on the subject property.
JUNE 4, 1996
PAGE FIVE
WA-I-174 Town of Leitersburg.
WA-I-176 Strite's Mill Bridge, Leiters Mill Rd., 18th century stone arch
bridge.
WA-I-201 Jo Jo Wigalo Acres, 18th century farm located along
the north side of Leitersburg Pike.
WA-I-179 Diller Farm at Antietam Creek, 18th century farm off
of Leiters Mill Road.
WA-I-202 18th century Log House, north side of Leitersburg
Pike.
(g) The relationship of the proposed change to the Adopted Plan for the
County, Development Analysis Plan Map and Policies.
The Comprehensive Plan for Washington County specifically identifies two
different areas of the County for growth and development policy implementation,
Urban and Town Growth Areas and the Rural - Agricultural Area. The subject
property and the surrounding area are not within a designated Growth Area.
Therefore this site would be considered within the Rural - Agricultural Area
and policies from the Comprehensive Plan dealing with this area would be
considered applicable to this case.
One of the five basic principles outlined in the Plan is the maintenance of
distinct alternative urban, suburban, town, and rural environments (II-1). In
general terms, the Plan encourages growth and development within the growth
areas and encourages preservation of agricultural land, open space, and other
natural and scenic resources within the Rural - Agricultural Area (II-9).
Scattered throughout the Rural - Agricultural Area are small communities
identified as Rural Villages. The village of Leitersburg would fit into this
category. The Plan states that residential and limited commercial uses of a
function and scale appropriate to the character of the communities should be
permitted (III-28).
(h) Whether there has been a substantial change in the character of the
neighborhood where the property is located.
No. An increase in population since the inception of the existing zoning and
increases in traffic on both MD Route 60 and Route 62 were discussed as
possible evidence of change in the character of the neighborhood. However, no
arguments were made to show that these changes are significant enough to
warrant a rezoning of the subject properties based on "change.”
RZ-96-02 (Albert P. McGarity, Bernard J. McGarity, Michael F. Lee, Partners T/A
ABM Partnership - Findings of Fact
(a) Definition of the neighborhood.
The subject property is located near Leitersburg, along the west side of MD
Route 62 (Little Antietam Road) at the south west corner of the intersection
with MD Route 60 (Leitersburg Pike). The property consists of 0.50 acres and
is roughly rectangular in shape. The property has frontage on both Route 62
and Route 60. Access to the property is currently from Route 62.
The property is currently the site of Robbies’ Billiards sales. Topography of
the site is sloping from a high point near the southern property boundary
downward toward the front of property at Route 60. The majority of the site is
taken up by an existing buildings and parking/storage area.
(b) The report and recommendations of the Planning Commission.
The Washington County Planning Commission took action at their meeting held on
Monday, May 6, 1996, to recommend approval of map amendments RZ-96-01 and RZ-
96-02 based upon the determination that an error was made in the zoning applied
to these properties 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 March 11, 1996, any correspondence received in lieu of public testimony
during the 10-day period following the public hearing and Staff Reports dated
February 28, 1996 and April 18, 1996.
This recommendation was predicated upon the position that the RR classification
as originally recommended for these properties did not adequately consider the
existing non-residential land uses which existed on them at that time. In
addition, this action would be consistent with other rezonings in this area.
The Planning Commission also expressed the opinion that the proposed rezoning
JUNE 4, 1996
PAGE SIX
would be logical and appropriate for the area since it is located on a minor
arterial road in close proximity to other non-residential uses.
(c) Population change in the area of the proposed change.
The proposed rezoning is located in the Leitersburg Election District (District
9). Population in this election district has increased approximately 24
percent between 1970 and 1990. This time frame reflects the population growth
that has occurred since the adoption of zoning in 1973. The
increase in population occurred during the 10 years between 1970 and 1980.
According to Census information, an 8.3 percent decrease in population occurred
between 1980 and 1990.
Year Population Previous Decade
1970 2267
1980 3070 + 35.4 %
1990 2814 - 8.3 %
Source: U.S. Department of Commerce, Bureau of Census.
(d) Availability of public facilities in the area.
According to the Washington County Water and Sewerage Plan, public water and
sewer facilities are not currently available to this site nor are they planned
for the future. Development in this area must depend on individual wells and
septic systems to handle water and sewerage disposal needs. The Washington
County Health Department commented on this rezoning request by stating that,
"Limited repair area exists for septic systems. As a result, in the future,
they should maintain the same amount of gallons per day for the number of
existing employees.”
Fire protection is provided to the site by the Leitersburg Volunteer Fire
Company. Emergency medical service is provided by Ambulance Company 75,
Community Rescue Service in the City of Hagerstown.
There is currently no public transportation serving this area.
The subject site is within the school districts of Old Forge Elementary,
Smithsburg Middle, and Smithsburg High Schools. A reclassification of this
property to Business General would not have an impact on the schools in the
area because even though this property currently has a residential zoning
classification, it is not being used for residential purposes.
(e) Present and future transportation patterns in the area.
The site of this rezoning request has frontage and access on MD Route 60
(Leitersburg Pike). Route 60 is classified as an Intermediate Arterial highway
according to the Washington County Highway Plan. Intermediate Arterial
highways serve as interregional roadways and typically means traffic can be
expected to exceed 5,000 ADT (average daily traffic)in a rural setting. The
rezoning site is located near Route 60's intersection with Route 62 (Little
Antietam Road). Route 62 is classified as a Minor Collector highway which
handles inter-community traffic and typically carries between 500 and 1500
vehicles per day. Historic traffic counts taken by the State Highway
Administration between 1973 and 1993 are available at two locations near the
subject property along Route 60 just west of Route 62 and along Route 62 just
south of the intersection. The actual traffic counts expressed as average
daily traffic (ADT) at these locations are listed below.
Year Route 60 Route 62
1973 7800 850
1976 8300 900
1980 7750 1075
1983 8400 1100
1986 8800 1600
1990 7125 1600
1993 9025 1725
The above counts indicate a modest increase in traffic on Route 60 compared
with a doubling of traffic on Route 62. One cannot determine the origin or
destination of the traffic based on these numbers, however, the rather low
population growth in this area may tend to indicate that the majority of the
traffic passing this point is not generated from within the area.
JUNE 4, 1996
PAGE SEVEN
In response to this application, the State Highway Administration commented in
writing on 1/29/96 that "No objection to rezoning. If commercial access is
planned for the site, road improvements from the eastern property corner (on MD
60) to the southern property corner (on MD 62) will be required. Such
improvements will include road widening (w/curbing) 24 feet from the centerline
of MD 60 and MD 62.” Additional verbal comments received by the Planning
Department Staff on 2/7/96 stated that, "depending on the proposed use of the
property, bypass lanes for MD 62 and MD 60 may be needed."
The Washington County Engineering Department responded to this application by
stating that, "We have completed our review of the requested rezoning and take
no exception to this request.”
There are currently no State Highway or Washington County projects planned in
this area that would affect this site.
(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 located at what may best be described as the
development fringe associated with the village of Leitersburg. This is the
area where open farm fields give way to various forms of development on smaller
parcels oriented toward the major roads which pass through Leitersburg.
Decades ago, development in Leitersburg was concentrated in an area around the
intersection of Leiter Street and the Leitersburg -Smithsburg Road. Over the
years, development has spread out from this center. A catalyst for this was
the construction of the Route 60 bypass around Leitersburg which occurred prior
to 1950.
When zoning was implemented in Washington County in 1973, the entire
Leitersburg area including the subject property was zoned RR (Residential
Rural). The RR zoning basically contained those parcels that front on Leiter
Street between MD 62 and MD 60 north of Leitersburg, Ringgold Street to MD 418,
Leiters Mill Road, Leitersburg Smithsburg Road and MD Route 60 in the vicinity
of Leitersburg. Property laying beyond these streets was zoned Agriculture.
In 1973, the subject property was being used commercially and was considered a
non-conforming use. This property continues to be used commercially and is
identified as the site of Powell Construction, Molten Manufacturing and
Steamatic Air Duct Cleaning. Directly adjacent to the subject site is a 0.5
acre property which is also being requested for rezoning to Business General
(RZ-96-02) this property is being used commercially as a retail billiard supply
store and is considered a non-conforming use. There were several other non-
conforming uses in the immediate area in 1973, some of which have ceased to
exist, Leather's Building Supply and Leitersburg Market, and some which
continue to function such as Milmar Plastics and the Leitersburg Tavern. The
commercial use of two properties 0.2 miles east of the subject property along
route 60 also predate zoning and were originally zoned RR and considered non-
conforming uses. In 1991 these two properties were rezoned to Business General
based on a mistake in the original zoning (RZ-91-7 and RZ-91-8). These
properties currently contain an Exxon gas station/convenience store and
Antietam Automotive, an automotive sales and repair facility. Based on the
predominate residential and agricultural zoning in the area, it can be expected
that agricultural uses as well as continued residential development will occur
in this area.
The applicant in this case is requesting Business General zoning. This
classification is the most intense commercial designation in the Washington
County Zoning Ordinance. Less intense commercial classifications are Business
Local and Business Transitional. Due to the fact that the subject property has
been used commercially for many years, continued use of the property for
commercial use would not appear to be incompatible with existing development in
the area. Under the current RR zoning any change in use would require Board of
Zoning Appeals approval as a change in non-conforming use. The amount of
permitted expansion is also limited. A rezoning to BG would permit all of the
principal permitted uses under the BG section of the Zoning Ordinance. Some of
these uses may not be compatible with existing nearby residential development.
The following historic sites listed on the Washington County Historic Sites
Survey are located within a 0.5 mile radius of the proposed rezoning. None of
JUNE 4, 1996
PAGE EIGHT
the sites are located on the subject property.
WA-I-174 Town of Leitersburg.
WA-I-176 Strite's Mill Bridge, Leiters Mill Rd., 18th century
stone arch bridge.
WA-I-201 Jo Jo Wigalo Acres, 18th century farm located along
the north side of Leitersburg Pike.
WA-I-179 Diller Farm at Antietam Creek, 18th century farm off
of Leiters Mill Road.
WA-I-202 18th century Log House, north side of Leitersburg
Pike.
(g) The relationship of the proposed change to the Adopted Plan for the
County, Development Analysis Plan Map and Policies.
The Comprehensive Plan for Washington County specifically identifies two
different areas of the County for growth and development policy implementation,
Urban and Town Growth Areas and the Rural - Agricultural Area. The subject
property and the surrounding area are not within a designated Growth Area.
Therefore, this site would be considered within the Rural - Agricultural Area
and policies from the Comprehensive Plan dealing with this area would be
considered applicable to this case.
One of the five basic principles outlined in the Plan is the maintenance of
distinct alternative urban, suburban, town, and rural environments (II-1). In
general terms, the Plan encourages growth and development within the growth
areas and encourages preservation of agricultural land, open space, and other
natural and scenic resources within the rural - Agricultural Area (II-9).
Scattered throughout the Rural - Agricultural Area are small communities
identified as Rural Villages. The village of Leitersburg would fit into this
category. The Plan states that residential and limited commercial uses of a
function and scale appropriate to the character of the communities should be
permitted (III-28).
(h) Whether there has been a substantial change in the character of the
neighborhood where the property is located.
No. An increase in population since the inception of the existing zoning and
increases in traffic on both MD Route 60 and Route 62 were discussed as
possible evidence of change in the character of the neighborhood; however, no
arguments were made to show that these changes are significant to warrant a
rezoning of the subject properties based on "change.”
Motion made by Commissioner Shank, seconded by Wade, based upon the report and
recommendation of the Planning Commission, the definition of the neighborhood,
and the adopted findings of fact, that there has been a mistake in the existing
zoning classification in Rezoning Cases RZ-96-01 and RZ-96-02. Unanimously
approved.
Motion made by Commissioner Shank, seconded by Wade, based upon the findings of
fact as presented, the report and recommendations of the Planning Commission,
the definition of the neighborhood, 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 properties (RZ-96-01
and RZ-96-02) and to rezone them from Residential Rural (RR) to Business
General (BG). Unanimously approved.
REZONING CASE - RZ-96-03
The Commissioners discussed Rezoning Case RZ-96-03 and the Planning
Commission's recommendation to deny the request. Commissioner Downey stated
that, although he feels that Agriculture is not the correct zoning, that HI-1
is too intense an industrial area for the property. The Commissioners
discussed the matter and agreed to table the request at this time.
Motion made by Commissioner Shank, seconded by Bowers, to TABLE action on
Rezoning Case RZ-96-03. Unanimously approved.
BOND SALE - WASHINGTON COUNTY WATER & SEWER PROJECT BONDS & SUPPLEMENTAL
AMENDED RESOLUTION
Motion made by Commissioner Bowers, seconded by Wade, to accept the low bid of
Dean Witter for the sale of the Series A Water and Sewer Project Refunding
Bonds at the rate of 5.85% TIC and to accept the bid of Craigie Incorporated
for the sale of the Series B Taxable Water and Sewer Project Bonds at the rate
JUNE 4, 1996
PAGE NINE
of 7.39% TIC. Unanimously approved.
Motion made by Commissioner Wade, seconded by Downey, to adopt the Supplemental
Resolution as amended to allow the substitution of the debt service for
Maryland Water Quality 1990A Bonds with 1995A bonds in the refunding issue
bonds. Unanimously approved.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Downey asked the Commissioners to inform him of any items they
wished to have placed on the agenda for the Western Maryland Commissioners'
Task Force meeting. Commissioner Bowers informed them that the Executive
Council has selected the final three proposals for Ft. Ritchie.
APPOINTMENT - BOARD OF SOCIAL SERVICES
Motion made by Commissioner Bowers, seconded by Shank, to appoint Rev. Donald
Stevenson to fill the unexpired term of Rev. Dr. Suzanne Perez on the Board of
Social Services which extends to June 30, 1997. Unanimously approved.
COUNTY ADMINISTRATOR'S COMMENTS
Rodney Shoop, County Administrator, reminded the Commissioners of the June 20
tour of California Microwave.
Commissioner Snook agreed to be the Commissioners' representative at the third
step grievance hearings on Wednesday.
BUDGET TRANSFER - FIRE & RESCUE ASSOCIATION
Motion made by Commissioner Downey, seconded by Bowers, to approve the transfer
of $4,500 from Account 01-5-1216-527-060 to CIP Account 01-5-1216-682-000 as
requested by the Volunteer Fire & Rescue Association to purchase an automatic
defibrillator. Unanimously approved.
BUDGET TRANSFER - RECREATION & PARKS DEPARTMENT
Motion made by Commissioner Bowers, seconded by Shank, to approve the request
to transfer $1,400 from Account 01-5-1801-682-000 to Account 01-5-1801-582-000
to purchase four wooden basketball backboards and rims. Unanimously approved.
ROAD NAME APPROVAL - GARRISON WOODS ROAD
Motion made by Commissioner Downey, seconded by Shank, to approve the road name
of Garrison Woods Lane, as requested by the property owner, in accordance with
the road naming policy. Unanimously approved.
RE/APPOINTMENTS - COMMISSION FOR WOMEN
Motion made by Commissioner Wade, seconded by Bowers, to approve the
reappointment of Judy Lyons Wolf for a three-year term and to appoint Mary
Baykan, Patsy Ardinger, and Ann Gossard to fill the unexpired terms of Donna
Faith, Shirley Smith and Yvonne Thomas. Unanimously approved.
REAPPOINTMENT - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION
Motion made by Commissioner Bowers, seconded by Shank, to request the
reappointment of Joseph Scott to its Board of Directors for a second four-year
term. Unanimously approved.
EMERGENCY SERVICES COUNCIL APPOINTMENTS
Motion made by Commissioner Wade, seconded by Shank, to appoint the President
and First Vice President of the Washington County Volunteer Fire & Rescue
Association to the Emergency Services Council and to appoint Dr. Kathryn
Reihard as an additional emergency medical services representative to the
Emergency Services Council as full members with voting rights. Unanimously
approved.
AGRICULTURAL LEASE AGREEMENT
Motion made by Commissioner Shank, seconded by Wade, to approve the lease
agreement with Lynn B. Kendle for a three-acre parcel located on Beaver Creek
Road for agricultural purposes for the period June 1, 1996 through May 31,
1997, for the amount of $75. Motion carried with Commissioners Shank, Wade,
Bowers, and Downey voting "AYE" and Commissioner Snook "ABSTAINING."
CONVENE IN CLOSED SESSION
Motion made by Commissioner Shank, seconded by Downey, to convene in Closed
Session at 2:25 p.m., to consider personnel matters, to consult with counsel
JUNE 4, 1996
PAGE TEN
regarding legal issues, and to consider businesses relocating to Washington
County, 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 Wade, seconded by Shank, to reconvene in Regular
Session at 5:01 p.m. Unanimously approved.
In Closed Session the Commissioners discussed, six (6) legal matters, four (4)
economic development and property matters, and nine (9) personnel issues.
COUNTY ATTORNEY'S OFFICE - 40 HOUR WORK WEEK
Motion made by Commissioner Wade, seconded by Downey, to authorize place the
County Attorney's office staff on a 40-hour work week beginning July 1, 1996.
Unanimously approved.
COMPUTER INFORMATION SERVICE PROGRAMMER POSITION UPGRADE - CORRECTION
Motion made by Commissioner Wade, seconded by Downey, to upgrade Douglas Oliver
from Grade 8, Programmer Analyst I, to Technical Support Analyst at Grade 9,
Step C, and to upgrade Karen Dickey from Grade 7, Programmer, to Programmer
Analyst, Grade 8, Step C. Unanimously approved.
OPERATOR/TRAINEE - WATER & SEWER DEPARTMENT
Motion made by Commissioner Downey, seconded by Wade, to employ Todd Haupt as
Operator/Trainee, Grade 3, Step A, at the Water & Sewer Department to fill an
existing vacancy. Unanimously approved.
RECESS
The Commissioners recessed at 5:02 p.m.
EVENING SESSION - PUBLIC HEARING - WATER & SEWER RATES
A public hearing was convened by the Board of County Commissioners of
Washington County in the auditorium at North Hagerstown High School at 7:00
p.m. for the purpose of considering the combination of all water subdistricts
and all sewer subdistricts, the combination of assets from all water
subdistricts and all sewer subdistricts, the adoption of rates which are the
same for each water subdistrict and sewer subdistrict, and the modification of
fees, rates, charges, levies, or assessments for the treatment, collection, or
distribution of water and sewage and to hear public comment on these proposals.
Present at the hearing were County Commissioners President Gregory I. Snook,
Vice President John S. Shank, and Commissioners Ronald L. Bowers, R. Lee
Downey, and James R. Wade. Also present at the hearing were the following
members of the Water & Sewer Advisory Committee: Sam Phillips, Joe Robeson,
and Peggy Bushey.
Commissioner Snook outlined the organizational changes that have occurred since
the County gained control of the Sanitary District on July 1, 1995. He stated
that the Commissioners must now make decisions to make the Water & Sewer
Department financially solvent. Commissioner Snook explained that, through the
use of a consultant specializing in rate design for public utilities, a
financial plan would be presented which spans the next 11 years and addresses
all capital improvements to the treatment plants, maintenance projects,
required EPA and MDE improvements, and develops a pay-back schedule that
insures financial stability. Commissioner Snook stated that written comments
will be accepted until Friday, June 7, and that the Commissioners will be
making a decision at the regular meeting on Tuesday, June 11 meeting.
Commissioner Snook introduced the County Commissioners and Zee Snyder, Project
Manager, representing Black & Veatch. Ms. Snyder presented the objectives of
the study which were to consolidate the 19 water and 19 sewer subdistricts,
make the operation revenue self-sufficient through financial planning and cost-
based rates, and provide an adequate structure for other rates and charges. At
this time she reviewed the approach used and the cost of service analysis. Ms.
Snyder stated that the water portion is receiving $.2 million less than
required. Reserves are significantly underfunded and will require a 23%
increase in revenues for FY 1997. She outlined rate increases of 7% for the
next 5 years, and 5% each year for each of the following 3 years. She also
discussed CIP outlay which will be required. Ms. Snyder stated that on the
wastewater side, that revenues are $1.4 million less than required, reserves
are underfunded, and capital improvements will total $27.6 million over the
JUNE 4, 1996
PAGE ELEVEN
next 11 years. She outlined a 23% increase for FY 1997 and a series of 14%
increases over 5 years, gradually reducing 1% over the following three-year
period. Ms. Snyder then reviewed a typical water and wastewater bill based on
6,000 gallons of usage.
At this time, Commissioner Snook opened the meeting for questions and comments
from the public from the list of those who had signed up to speak prior to the
meeting. The sign-up sheets are attached. Approximately 40 citizens spoke in
opposition to the rate increases proposed or with questions for the
Commissioners regarding the background of the financial difficulties at the
Water & Sewer Department. Commissioner Snook then reminded those in attendance
that they may send written comments to the Office of the County Commissioners
at 100 West Washington Street, Hagerstown, until Friday, June 7. After
hearing all comments, the hearing was closed at 11:15 p.m.
County Administrator
County Attorney
, Clerk