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HomeMy WebLinkAbout970527 May 27, 1997 Hagerstown, Maryland The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 1:00 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. FISCAL YEAR 1998 BUDGET DELIBERATIONS Debra Bastian, Director of Finance, and Kim Edlund, Assistant Director of Finance, met with the Commissioners to discuss the Fiscal Year 1998 budget and the testimony given at the public hearing on May 14, 1997. The Commissioners agreed that they would like to increase the funding to Senior Living Alternatives from $15,000 to $20,000. They also decided to provide $31,000 to fund the Adult Foster Care Program operated by the Department of Social Services. Ms. Bastian informed the Commissioners that this action will increase funding for nonprofit agencies to $77,000 above the required mandate. Ms. Bastian suggested several options to reduce the budget by this amount. The Commissioners considered reducing funding to the United Way by $25,000 and fire & rescue funding by $57,000. Ms. Bastian explained that the funding for the pre-treatment plant can be reduced to $832,000. The Commissioners reviewed how surplus funds from previous years were utilized. They also discussed the projections for surplus funding for fiscal years 1997 and 1998 and how to apply these reserves. Ms. Bastian explained how the basis for her projections and presented options for use of the cash reserves. Commissioner Bowers stated that he is convinced that the Board of Education needs additional funds. Commissioner Shank indicated that he will only vote to give more funding to the Board of Education if it can be limited to specified categories. Ms. Bastian stated that she would review the law in that regard. Several of the Commissioners presented alternatives to provide for additional funding for education. Commissioner Downey stated that he believes the County needs to maintain a strong financial position and cash surplus. The Commissioners agreed to continue budget discussions later in the session. LOCAL MANAGEMENT BOARD ISSUES Kristin Grosh, Coordinator for the Office of Children and Youth, and Robert Strasburg, Chairman of the Bylaws Committee for the Local Management Board (LMB), met with the Commissioners to provide an update on the LMB. Ms. Grosh informed the Commissioners that she received a letter from the State asking Washington County to provide a date to them when the County will begin providing services through the LMB under the Systems Reform Initiative (SRI).  She stated that the Countys letter of intent to the State is due by May 30. Ms. Grosh stated that the LMB has recommended that the County submit October 1 as the date to begin providing services. She indicated that this date will provide sufficient time for the LMB to develop a fiscal structure to receive and disburse State funds, to set up an SRI office, and to establish goals and time lines. Mr. Strasburg gave an update on the Bylaws Committee and the issues being discussed. Motion made by Commissioner Shank, seconded by Bowers, to submit a letter of intent to the State advising them that Washington County intends to begin providing services through the Local Management Board under the Systems Reforms Initiative effective October 1, 1997, and to request an extension to June 30 for preparation of Appendix A and B of the Memorandum of Understanding. Unanimously approved. RESOLUTION EXTENDING THE AUTHORIZATION FOR A SPECIAL TASKING DISTRICT - ST. JAMES PARK Richard Douglas, County Attorney, informed the Commissioners that Continental MAY 27, 1997 PAGE TWO Investment Corporation , the developers of St. James Park, have requested that the Commissioners extend the time allowed in the Letter of Intent for the completion of financing transactions from June 1, 1997 to June 30, 1998, for the St. James Park Special Taxing District. Motion made by Commissioner Shank, seconded by Bowers, to approve the Resolution for St. James Park Extending the Authorization for a Special Taxing District and the Issuance of Bonds Related Thereto, as presented by the County Attorney. Unanimously approved. CONTINUATION OF DISCUSSION - FISCAL YEAR 1998 BUDGET The Commissioners continued discussions on the Fiscal Year 1998 budget. Commissioner Wade outlined a compromise plan to increase funding to the Board of Education, utilize surplus funds, and lower the proposed tax increase. The Commissioners discussed this proposal and possible revisions to this plan. The Commissioners asked Ms. Bastian to return with options to provide additional funding for education later in this session. FORT RITCHIE REDEVELOPMENT STATUS Robert Sweeney, Executive Director of the Fort Ritchie Local Development Authority, met with the Commissioners to provide an update on the status of the redevelopment and what is needed to establish the PenMar Development Corporation (PMDC). He reported on the activities completed and on upcoming events at Fort Ritchie. Mr. Sweeney also reviewed House Bill 1319, the legislation creating the PenMar Development Corporation, and the appointment of its Board of Directors. He stated that the Commissioners will appoint a 15- member Board as well as an Executive Director. Mr. Sweeney provided information on the current Local Redevelopment Authority members and a proposed organizational chart for the new PMDC. The Commissioners reviewed the fiscal year 1997 Fort Ritchie grant and proposed revisions to allow the purchase of computer hardware. Motion made by Commissioner Wade, seconded by Bowers, to approve an increase the fiscal year 1997 Fort Ritchie grant by $12,247 to allow the purchase of computer hardware from State contract and the requested sole source procurement of software. Unanimously approved. Mr. Sweeney reviewed the proposed fiscal year 1998 grant for PenMar Development Corporation. He explained that the grant includes three additional staff positions. Mr. Sweeney stated that the only County funding in the grant proposal at this time is for salaries. He stated that the County may be required to fund between $10,000 - $20,000 if the grant is not approved as submitted. Motion made by Commissioner Bowers, seconded by Wade, to approve the fiscal year 1998 OEA grant for the PenMar Development Corporation, as presented. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Wade, seconded by Shank, to convene in Closed Session at 4:36 p.m. to consider personnel issues and to consider a matter concerning a proposal for a business to expand or remain in the State, 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 Shank, seconded by Bowers, to reconvene in Regular Session at 4:53 p.m. Unanimously approved. MAY 27, 1997 PAGE THREE In Closed Session the Commissioners considered one (1) matter relating to a proposal for a business to expand or remain in the State and one (1) personnel issue. CONTINUATION OF DISCUSSION - FISCAL YEAR 1998 BUDGET Ms. Bastian presented the Commissioners with a proposal for funding the fiscal year 1998 budget. She stated that with a projected revenue increase of $2.4 million, current reserves of $750,000, the additional $200,000 as increased by the Commissioners, and $500,000 of reductions to the current budget, the County could fund the Board of Education at $2.475 million, Hagerstown Junior College at $275,000, and public safety at $1 million. This would require $2.4 million in additional income. Ms. Bastian reviewed several combinations of possible tax increases to fund this amount. After discussion, it was the consensus of the Commissioners to increase the current property tax rate of $2.21 to $2.31 per $100 of assessed valuation for fiscal year 1998. The Commissioners agreed that any funding to the Board of Education above the maintenance of effort payment should be for one-time expenses. The Commissioners asked to review the categories from the Board of Education prior to funding. RECESS The Commissioners recessed at 5:24 p.m. EVENING SESSION - POTOMAC VALLEY FIRE HALL The Evening Session of the Board of County Commissioners of Washington County, Maryland, was called to order at the Potomac Valley Fire Hall 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. 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. CITIZEN PARTICIPATION Jeanne Ecton spoke in support of funding for the Board of Education budget. Leo Reisburg had several questions regarding the bond issued last year to help pay the water and sewer debt. Gary Slaughter expressed his opinions on the payment of the water and sewer debt. He asked the Commissioners to provide him with specific information on the plan to eradicate the debt and the bond funds used for this purpose. Jesse Weaver asked that the Commissioners schedule improvements to the lower end of Hoffmaster Road. He also commented on the need for deputies in this area of the County. Mim Reisburg asked that the County repair a stone wall on Harpers Ferry Road. Albert Butts asked the County to make safety improvements at the entrance of Chestnut Grove Park. He also questioned when Phases 2 and 3 of the park project will begin. Jay Grimes asked that a member of either the Leitersburg Fire Company or the Smithsburg Fire Company be added to the emergency services committee for the Ft. Ritchie LRA. He also asked that the trailer currently used as a tourist information center be provided to the Volunteer Fire & Rescue Association for MAY 27, 1997 PAGE FOUR use as an office. Mr. Grimes asked the Commissioners to consider allowing the Association to use land near the rubble landfill for the trailer. He stated that the Association would consider maintaining the tourism center at the William sport location if they receive funding for an administrative assistant. John Luce made a presentation regarding the increase in rates at the Regional Airport. The Commissioners asked that he reschedule the balance of the presentation as a public hearing will be held on this matter on June 10. REZONING CASE RZ-97-01 - MACK TRUCKS, INC. Motion made by Commissioner Shank, seconded by Wade to adopt the Planning staff reports, findings of fact as prepared by the County Attorney, Planning Commission recommendation, testimony received during the public hearing, and any testimony received during the ten-day comment period following the public hearing as the record from which to base the findings of fact for this rezoning request. Motion carried with Commissioners Shank, Wade, Downey, and  Snook voting AYE and Commissioner Bowers ABSTAINING. Applicant/Property Owner: Mack Trucks, Inc. Requested Zoning Change: RU - Residential Urban & IG - Industrial General to BG - Business General The Board of County Commissioners of Washington County, Maryland, pursuant to Section 27.3 of the Zoning Ordinance, makes the following findings of fact: (a) Definition of the neighborhood. The subject property is located in the Fountainhead Election District (27) and is located along the west side of Pennsylvania Avenue (US Route 11) approximately one half mile south of Longmeadow Road and consists of 8.68 acres of land described as all of parcel 271 and part of parcel 353 on tax map 24. The subject property is bounded on the north by Maugans Avenue and to the south by the City Line (at Northern Avenue). The east and west boundaries are measured 800 feet from the centerline of Pennsylvania Avenue and are  somewhat generalized to establish a corridor along Pennsylvania Avenue. The neighborhood encompasses all of the property that has frontage along Pennsylvania Avenue between Northern Avenue and Longmeadow Road. It also includes residential lots in the Fountainhead area as well as Orchard Hills and along Crestwood Drive. Although it is difficult to see the relationship of property located along Crestwood Drive, Northern Avenue, and the North Village Shopping Center, it is reasonable to conclude that those properties that directly front only Pennsylvania Avenue are most closely related to the subject property. (b) The report and recommendations of the Planning Commission. The Washington County Planning Commission took action at their regular meeting held on Monday, May 5, 1997, to recommend approval of map amendment RZ-97-01. The decision was based upon the testimony given at the public hearing on March 10, 1997 and staff reports dated February 21, 1997 and April 15, 1997. This action was also based on the concurrence with the neighborhood area as defined by the applicant, that sufficient evidence to support a finding of change in the character of the neighborhood was presented, that the proposed zoning designation was logical and appropriate, and that the proposed zoning classification would be consistent with the Comprehensive Plan.  Population change in the area of the proposed change.  The Board of County Commissioners adopts the Commissions staff findings as follows: Figures indicating the change in population for Election District 27 MAY 27, 1997 PAGE FIVE between 1960 and 1990 are as follows: Year Population % Change from Previous Decade 1960 3258 - 1970 5310 63.0* 1980 5069 -4.5 1990 5003 -1.3 Source: U.S. Department of Commerce, Bureau of Census. *Changes due in part to redistricting. (d) Availability of public facilities in the area.  The Board of County Commissioners adopts the Commissions staff findings as follows: Water and Sewerage: According to the adopted Water and Sewerage Plan for Washington County, the subject site is classified as W-1 and S-1 which means that both public water and sewer is currently available to this site. Existing development along Pennsylvania Avenue in the vicinity of this site is served by existing water and sewer lines that are located in the right-of-way for Pennsylvania Avenue. The Mack Truck facility is currently located within the City of Hagerstown sewerage service area. The existing sewerage line in Pennsylvania Avenue is owned by Washington County and serves Washington County sanitary subdistrict 6. Only parcel 271 (0.18 ac.) is currently located within this designated subdistrict. In order for the remainder of the subject property to be served off of this line, it would be  necessary to include it in the Countys service area. A copy of The  Washington County Water and Sewerage Departments comments is attached (exhibit S). Sewerage from this subdistrict is currently treated at the City of Hagerstown's waste water treatment facility. Comments from the City of Hagerstown, Water Pollution Control are attached (exhibit U). Public water to the subject property is provided by the City of Hagerstown via a twelve inch water main located in Pennsylvania Avenue. The Water Department responded by stating that there is existing service to this site and that new services would be available upon application and payment of fees. Emergency Services: Fire protection is provided by the Longmeadow Volunteer Fire Company located approximately two miles away in the village of Paramount. Emergency medical service is provided by the Community Rescue Service in the City of Hagerstown, approximately 3 miles away. Public Transportation: The subject property is served by the County Commuter bus service which provides regularly scheduled service Monday through Saturdays along Pennsylvania Avenue. Schools: The subject site is within the public school districts of Paramount Elementary, Northern Middle and North Hagerstown High School. Only a small portion of this application involves land that is currently MAY 27, 1997 PAGE SIX zoned for residential use. A reclassification of this property to commercial would possibly result in a very minimal decrease in demand for educational services in this area. (e) Present and future transportation patterns in the area.  The Board of County Commissioners adopts the Commissions staff findings as follows: The site of this rezoning request has 553 feet of frontage along US Route 11 (Pennsylvania Avenue) which is under the jurisdiction of the Maryland State Highway Administration. Route 11 is classified as a Minor Arterial Highway according to the Washington County Highway Plan. Minor Arterial highways serve as intra-regional roadways with typical mean traffic volumes expected to be between 5,000 and 25,000 vehicles per day (ADT) in an urban setting. Historic traffic data is available for an extended period of time at several locations along Route 11 which provides an indication of traffic volume trends through this corridor. These counts are expressed as average daily traffic (ADT). U.S. 11 south of U.S. 11 near Year Northern Ave. Maugans Ave. 1973 15900 - 1976 20600 17700 1979 17000 18000 1981 15850 16130 1983 15175 16800 1985 13200 16600 1988 16700 17775 1990 17400 18400 1993 15275 25425 The above counts indicate traffic volume has remained relatively stable near Northern Avenue with a substantial increase in traffic further north along Route 11 near Maugans Avenue. The origin or destination of traffic cannot be determined based on these numbers. The general decrease in population in this election district may tend to indicate that the increase in traffic at this location is not from new residential development and may be attributable to new commercial development and pass through traffic generated from outside this area. The proposed rezoning is located at one of the two entrances to the existing Mack Truck manufacturing facility. The other entrance is off of Maugans Avenue near its intersection with I-81. According to a Mack Truck official, the Hagerstown facility currently employees approximately 1400 people. The facility operates on three shifts which change at 7:30 am, 3:30 pm, and 11:00 pm. Approximately 75 percent of the employees work during the first shift arriving at 7:30 am and leaving between 3:30 and 4:00 pm. The Maugans Avenue  entrance has become the main gate for the facility since the installation of the traffic signal at the intersection. Truck traffic to and from the facility is restricted to the Maugans Avenue entrance. The State Highway Administration commented in writing on January 28, 1997 stating that, "We have no objection to the rezoning approval. However, we will be requiring fully channelized entrances (including MAY 27, 1997 PAGE SEVEN 14 foot wide acceleration and deceleration lanes), for the rezoned parcels  before any site plans will be approved.. This section of US 11 has recently been reconstructed under State Highway Administration Contract No. W-8882- 501-677. This project consisted of safety improvements and resurfacing of a segment of US 11 between the Hagerstown City limits and Maugans Avenue. The Washington County Engineering Department stated that, "This office has completed its review of the subject request and recommended approval of same with the following conditions: 1. Due to existing congestion along US Route 11, all access to the BG property should be via the Mack Truck Entrance Road. 2. In light of item 1 above, the developer should work closely with SHA in establishing design  parameters for the 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 Board of County Commissioners adopts the Commissions staff findings as follows: Development in the vicinity of the proposed rezoning is primarily oriented towards the Pennsylvania Avenue corridor. Residential and commercial strip development along Pennsylvania Avenue has been in place for years. Much of it predates zoning. Over the years new development has in-filled those areas that were once farm fields. This has occurred on land that was either zoned appropriately in 1973 or on property that has subsequently been rezoned to accommodate new development. Since the inception of zoning, development along Pennsylvania Avenue has been primarily commercial. New residential development has occurred through expansions of existing subdivisions such as Fountain Head. This new residential development does not directly front on, or have direct access to Pennsylvania Avenue. Numerous rezonings have occurred in the area, the largest being the site which is now Fountain Head Plaza Shopping Center. This property was rezoned in October 1973 from BL, Business Local to BG, Business General and is located south of and directly adjacent to the subject site. The subject property is currently vacant IG and RU zoned land associated with the entrance to Mack Truck, an Industrial General use. The actual buildings associated with the facility are located approximately 1,000 feet west of the subject site. Development immediately adjacent to the north and south is commercial in nature with Hagerstown Kitchens zoned BG to the north and Dentler Brothers Furniture zoned BL to the south. There is an existing single family dwelling located on a small BG parcel located between Dentler Brothers furniture and Fountain Head Plaza. Approximately 150 feet of the  subject property at its north west corner abuts Residential Rural zoned property which is currently a farm field laying behind the commercial strip development along Pennsylvania Avenue to the north. Across Pennsylvania Avenue is M.S. Johnston Co., a commercial use zoned BL. To the north and south of M.S. Johnston are residential properties zoned RU, Residential Urban. According to the Zoning Ordinance, the purpose of the BG zoning district is to provide logical locations of all businesses of a more general nature than might be found in a neighborhood and can be served with adequate water and sewerage service meeting Health Department MAY 27, 1997 PAGE EIGHT standards. The yard area requirements for BG zoning provides for a 35 foot setback where the property adjoins any residentially zoned property. Screening and buffering could be provided as part of the site plan for any development on the site. The following historic site listed on the Washington County Historic Sites Survey is located within a .5 mile radius of the proposed rezoning. The site is not located on the subject property. 1. WA-1-372 19 Th Century, Marbeth Farm. Change in the zoning of the subject property from IG and RU to BG would not appear to create a conflict with any of the adjacent development in the area. The larger issue would be the impact that commercial development of this site, such as retail businesses, would have on the access road to Mack Truck. Based on the configuration of the property, access restrictions on Pennsylvania Avenue and comments from the State Highway Administration and the County Engineer, commercial development on this site would be required to share the Mack Truck access road. (g) The relationship of the proposed change to the Adopted Plan for the county, Development Analysis Plan Map and Policies.  The Board of County Commissioners adopts the Commissions staff findings as follows: The subject property is located within the adopted Urban Growth Area boundary. In broad terms, the Comprehensive Plan encourages development within the Growth Area and encourages preservation of agricultural land in the Rural-Agricultural Area. Within the Growth Area, the Plan encourages higher densities of development in both the residential and commercial sector to make the most of investments in infrastructure. In this respect, the request presents no conflict with the Comprehensive Plan. The Comprehensive Plan, in more specific terms, has the following comments which may be applicable to this request. "Commercial development should result in well-defined and coordinated centers of activity. Land use regulations should differentiate between those commercial developments servicing residential areas with local shopping and service needs, and other types of commercial land uses that are oriented to wide trade area or specialized needs."  Commercial zoning districts should include shopping business and service uses which are compatible with each other, and should provide for their locations in relation to the transportation system and with residential development." "In order to ensure that maximum use is made of public and private investments in facilities, development should be encouraged first in areas where services exist, and then in conjunction with planned extensions of utility and transportation systems." "Land designated for commercial development should meet minimum requirement as follows: I) The required acreage should be available in single or contiguous parcels; ii) The MAY 27, 1997 PAGE NINE road classification should be appropriate and access should be adequate for the proposed type of development; iii) Necessary public utilities should exist or should be planned to be available to serve the proposed development in a timely manner; and iv) The site should not include significant historic features or fragile environmental characteristics." (h) Whether there has been a substantial change in the character of the neighborhood where the property is located. Yes. (I) Whether there was a mistake in the existing zoning classification. Not applicable. The applicant's case for rezoning the subject property was based solely on a change in the character of the neighborhood. The applicant did not present any evidence that would indicate there was a mistake in the original zoning. (j) Whether there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property. Yes. Motion made by Commissioner Wade, seconded by Downey, to adopt the neighborhood as defined by the applicant for the purposes of the proposed rezoning. Motion  carried with Commissioners Shank, Wade, Downey, and Snook voting AYE and  Commissioner Bowers ABSTAINING. Motion made by Shank, seconded by Wade, that the changes identified in the record in the defined neighborhood, taken together, constitute a substantial change in the character of the neighborhood. Motion carried with Commissioners Shank,  Wade, Downey, and Snook voting AYE and Commissioner Bowers ABSTAINING. Motion made by Commissioner Wade, seconded by Shank, that there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the area. Motion carried with Commissioners Shank, Wade, Downey, and  Snook voting AYE and Commissioner Bowers ABSTAINING. Motion made by Commissioner Shank, seconded by Downey, to approve the application in Rezoning Case RZ-97-01 - Mack Trucks, Inc., to rezone the subject property from Residential-Suburban and Industrial General to Business General, based upon the definition of the neighborhood, identification of changes in the neighborhood, that the identified changes have substantially changed the character of the neighborhood, and that there has been a convincing demonstration that the proposed new zoning classification is logical and appropriate, to approve the rezoning of case RZ-97-01 as submitted by Mack Trucks, Inc. Motion  carried with Commissioners Shank, Wade, Downey, and Snook voting AYE and  Commissioner Bowers ABSTAINING. REZONING CASE RZ-97-02 - TRIAD PROPERTIES Motion made by Commissioner Downey, seconded by Bowers, to adopt the Planning staff reports, findings of fact as prepared by the County Attorney, Planning Commission recommendation, testimony received during the public hearing, and any testimony received during the ten day comment period following the public hearing as the record from which to base the findings of fact for rezoning case RZ-97-02. Unanimously approved. Findings of Fact in Rezoning Case RZ-97-02 Applicant/Property Owner: Triad Properties Requested Zoning Change: A - Agricultural to RS - Residential Suburban MAY 27, 1997 PAGE TEN The Board of County Commissioners of Washington County, Maryland, pursuant to Section 27.3 of the Zoning Ordinance, makes the following findings of fact: (a) Definition of the neighborhood. The neighborhood is defined as that area which encompasses a .75 mile radius from the subject property. The most significant part of the neighborhood is the corridor of Robinwood Drive as it extends from the Brethren Mutual Insurance Company at the intersection of Mt. Aetna Road to the southwest and the Woodbridge and Young P.U.D.s to the northeast of the subject property. To the west is the Residential Suburban zoned lands of Hagerstown Junior College and to the east is the development of Brightwood Acres East. (b) The report and recommendations of the Planning Commission. The Washington County Planning Commission took action at their regular meeting held on Monday, May 5, 1997, to recommend approval of map amendment RZ-97-02. The decision was based upon the testimony given at the public hearing on March 10, 1997 and staff reports dated February 26, 1997 and April 24, 1997. This action was also based on the concurrence with the neighborhood area as defined by the applicant, that sufficient evidence to support a finding of change in the character of the neighborhood was presented, that the proposed zoning designation was logical and appropriate, and that the proposed zoning classification would be consistent with the Comprehensive Plan. Changes in the area which have affected the character of the neighborhood from the last comprehensive rezoning include but are not limited to: improvements to Robinwood Drive, Robinwood Medical Center, Eastern Elementary School, neighborhood rezonings, the expansion of public facilities/infrastructure and population and traffic increases.  Population change in the area of the proposed change.  The Board of County Commissioners adopts the Commissions staff findings as follows: The proposed rezoning is located in Election District 18 (Chewsville). The population in this district has increased 31% between 1970 and 1990. These years best reflect the growth that has occurred since the adoption of the Zoning Ordinance in 1973. % Change from Year Population Previous Decade 1970 5126* 30.39 1980 5532 7.9 1990 6712 21.3 * Changes may be due in part to redistricting. Source: Maryland Office of Planning (d) Availability of public facilities in the area.  The Board of County Commissioners adopts the Commissions staff findings as follows: Water and Sewerage: The Washington County Water and Sewerage Plan designates the subject acreage as having a water service priority designation as W-3 (5 years priority). Sewer service designation is S-5 (5 to 10 year priority). In a letter dated February 10, 1997, Robert Smith, Water Pollution Control Administrative Engineer, stated that his office has no objection to the subject rezoning case as shown on the submitted drawing. He further mentioned that his office will address the MAY 27, 1997 PAGE ELEVEN provision of sanitary sewer service to this site during future development reviews. In a response dated February 14,1997, David Shindle, Water Department Engineer, stated that water is available to the subject site upon extension of the main. Emergency Services: Fire protection is provided to the site by the Funkstown Fire Company. Ambulance service is provided by Hagerstown Community Rescue. County Commuter: The subject site is served by the County Commuter which makes an hourly round trip to Hagerstown Junior College via Robinwood Drive from 6:45 a.m. to 5:30 p.m. Monday thru Friday. The Commuter makes four trips past the site on its way to Smithsburg on Saturday. Schools: The rezoning site is within the school districts of Eastern Elementary, E. Russell Hicks Middle, and South Hagerstown High Schools. Current enrollment and capacities of these facilities are listed below. Enrollments are as of September 1996. Enrollment Excess Capacity (Sept.1996) Capacity Eastern Elementary 584 559 25 E. Russell Hicks Middle 838 652 186 South Hagerstown High 1175 842 333 These capacities reflect the current APFO adopted capacities which are expected to change in the near future. (e) Present and future transportation patterns in the area.  The Board of County Commissioners adopts the Commissions staff findings as follows: The subject rezoning is located along the east side of Robinwood Drive, approximately one-half mile northeast of its intersection with Mt. Aetna Road. The site has 279 feet of road frontage on Robinwood Drive. The Washington County Highway Plan classifies this roadway as a Major Collector with minimum requirements for future access spacing as 300 feet and future right of way requirements as 40 feet from centerline. In a memo dated February 6,1997, the County Engineer had the following comments regarding RZ-97-02: The Robinwood Drive area has undergone extensive study relating to traffic congestion and subsequent upgrades to the road system are either underway or planned. Any development on this parcel will add to the existing and projected congestion. Accordingly, the developer MAY 27, 1997 PAGE TWELVE expected to contribute to the cost of the road upgrades in the area. The actual extent of contribution will most likely be determined at a later date  in accordance with the APFO based on the developments impact as determined by a traffic impact study. The developer should be cognizant that contributions may be required to improvements underway prior to project submittal as well as future improvements in the planning stage. (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 Board of County Commissioners adopts the Commissions staff findings as follows: The subject acreage requested for rezoning is presently classified as Agriculture. Located to the north and adjacent to the site is Robin's Glenn, a residential multi-family zoned development approved in October 1989. Situated to the northwest and across Robinwood Drive is a proposed Planned Unit Development with an underlying classification of Residential Suburban. Developer Mansoor Shaool is proposing for his 72 acre tract thirteen 12 unit apartment buildings, 340 townhouse units, a 4.3 acre commercial/medical professional area with day care center, and a 2.1 acre commercial retail area. The smaller portion of the PUD is located on the east side of Robinwood Drive and lies adjacent to the subject rezoning. It contains 3.42 acres and is planned for a 1.1 acre commercial/retail area with two 12 unit apartment buildings. Several lots with single family dwellings are situated to the front of the proposed 72 acre PUD development tract. They are also classified as Residential Suburban. To the south of RZ- 97-02 are several single family residences, a 85 acre tract owned by Lewis Miller and a 14 lot subdivision called Brightwood Square. All have a classification of Agriculture. Lying to the immediate east of the proposed rezoning is Brightwood Acres East, a 194 lot single family subdivision developed in the late 1980's. This area is also zoned Agriculture. In July 1985, large tracts of land located to the north of RZ-97-02 were rezoned from Planned Residential and Agriculture to Residential Suburban and RS-PUD. The Shaool PUD, Hagerstown Junior College and Youngstown Garden Apartments were all part of this reclassification in Rezoning Case RZ-290. In Rezoning Case RZ-95-04, the 75 acre Shaool tract was reclassified from Residential Suburban and Agriculture to RS-PUD. Due to the large expanse of residential development located in the vicinity of RZ-97-02, a change in the site's designation to Residential Suburban does not appear to be incompatible with the current single family developments located in the vicinity. It would also appear not to impact the current and proposed townhouse developments also located in the area. However, this issue cannot fully be addressed until the applicant provides more details on the intended use for the subject site. (g) The relationship of the proposed change to the Adopted Plan for the county, Development Analysis Plan Map and Policies.  The Board of County Commissioners adopts the Commissions staff findings as follows: MAY 27, 1997 PAGE THIRTEEN The County's Comprehensive Plan identifies two distinct areas for implementation of land use development policies. The Urban and Town Growth Areas where public facilities are or may be available are the locations where urban type development will be encouraged. This in turn relieves pressure on the rural parts of the County and makes the most of current investments in infrastructure. The subject property of RZ-97-02 is located within the adopted Urban Growth Area. The Plan makes land use policy statements for several types of development within this area. The following excerpts best summarize the applicable policies on residential development. "Growth and development should be guided to these Growth Areas in order to maximize the use of existing investments in sewers, highways, parks, transit, and other services and to permit reasonable economy in the provision of new services. This should be done through cooperative community, county, and city planning to define growth area boundaries and to provide the necessary public facilities and services; through ordinances that promote community development; through streamlined governmental processes that minimize delay while still protecting the public interest; and through economic incentives." "The Urban Growth Area around Hagerstown should accommodate the expected growth in population over the next twenty years. The County should encourage efforts to redevelop and revitalize established neighborhoods and commercial areas in order to preserve and maintain existing housing and service resources. An adequate supply of land with urban services should be available at all times within the Urban Growth Area to meet needs of land for new development. Local services such as schools, police, and fire protection, public streets, water and drainage facilities should be planned to be adequate for the projected population and employment growth." "Development within the Urban Growth Area should offer as much living diversity and choice as possible by providing for a wide variety of housing types and costs. The attractiveness and livability of the community should be ensured by adherence to sound principles of community design." (h) Whether there has been a substantial change in the character of the neighborhood where the property is located. Yes. (I) Whether there was a mistake in the existing zoning classification. Not applicable. The applicant's case for rezoning the subject property was based solely on a change in the character of the neighborhood. The applicant did not present any evidence that would indicate there was a mistake in the original zoning. (j) Whether there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property. Yes. MAY 27, 1997 PAGE FOURTEEN Motion made by Commissioner Bowers, seconded by Wade, to adopt the neighborhood as defined by the applicant for the purposes of the proposed rezoning. Unanimously approved. Motion made by Commissioner Shank, seconded by Wade, to accept the finding of fact that the record has identified specific changes in the accepted neighborhood which, taken together, are sufficient to constitute a substantial change in the character of the neighborhood. Unanimously approved. Motion made by Commissioner Downey, seconded by Shank, that the changes identified in the record in the accepted neighborhood constitute a substantial change in the character of the neighborhood. Unanimously approved. Motion made by Commissioner Bowers, seconded by Wade, that there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the area. Unanimously approved. Motion made by Commissioner Wade, seconded by Bowers, to approve the application in Rezoning Case RZ-97-02 - Triad Properties, to rezone the subject property from Agriculture to Residential-Suburban based upon the definition of the neighborhood, identification of changes in the neighborhood, that the identified changes have substantially changed the character of the neighborhood, and that there has been a convincing demonstration that the proposed new zoning classification is logical and appropriate for the area. Unanimously approved. SETTING OF TAX RATE AND ADOPTION OF FISCAL YEAR 1998 COUNTY BUDGET The Commissioners discussed the Fiscal Year 1998 budget which was taken to public hearing on May 14, 1997, and the requests made to increase appropriations to various non-profit organizations and funding to the Board of Education. Debra Bastian, Director of Finance, gave a brief summary of the budget and the revisions agreed upon during discussions earlier today. The Commissioners agreed to provide additional funding of $5,000 to Senior Living Alternatives, restore $31,000 to the Department of Social Services for its Adult Foster Care Program, and $20,000 for implementation of fire services at the Regional Airport. The Commissioners also reduced funding to the United Way by $25,000, to fire and rescue by $57,000, and to pre-treatment by $168,000. It was the consensus of the Commissioners to provide the Board of Education with $1,725,000 additional  funding for the purposes of maintenance of effort regulations, $750,000 for one-time additional funding, and $1,368,000 for one-time technology costs from the excess insurance funds. Ms. Bastian stated that the Commissioners agreed to use $750,000 of current reserves to fund the Board of Education. The Commissioners also reviewed the proposed tax increases considered at the public hearing held on May 14, 1997. The Commissioners decided not to implement the proposed increase in the County income tax rate (piggyback tax). It was the consensus to proceed with the ten-cent increase in the property tax rate. Commissioner Wade stated that the tax increase is needed to provide the additional funding for education and public safety. Motion made by Commissioner Wade, seconded by Downey, adopt the resolution to increase the property tax rate for Fiscal Year 1998 from $2.21 to $2.31 per $100 of assessed valuation. Motion carried with Commissioners Wade, Downey, Shank,  and Snook voting AYE and Commissioner Bowers voting NO. Motion made by Commissioner Wade, seconded by Shank, to approve the Fiscal Year 1998 General Fund budget in the amount of $99,112,344, the Highway Fund budget in the amount of $5,512,304, and the Capital Improvements Program budget in the amount of $14,396,824, as amended. Motion carried with Commissioners Wade, MAY 27, 1997 PAGE FIFTEEN  Downey, Shank, and Snook voting AYE and Commissioner Bowers voting NO. COMMISSIONERS REPORTS & COMMENTS Commissioner Downey reported on the meeting of the Western Maryland County Commissioners. Commissioner Bowers reported on the bill signing for the PenMar Development Corporation. Commissioner Wade requested that a workshop be held to review the Artz rezoning case prior to voting on the case. Commissioner Shank informed the Commissioners that he attended the Civil War Roundtable awards banquet. Commissioner Snook stated that the Governor has signed legislation regarding the brownfields program and asked the Commissioners if they would like to meet with State representatives regarding this program. Robert Arch, Director of Planning & Community Development recommended that the Commissioners consider adopting an ordinance to participate in this program. Commissioner Snook reported briefly on his meeting with Senator Munson regarding the Convention & Visitors Bureau.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, informed the Commissioners that the next meeting of the Western Maryland County Commissioners is tentatively scheduled for October 17 in Washington County. He reminded the Commissioners of the public hearing scheduled for June 4 on water and sewer rates. Mr. Shoop stated that a workshop meeting is scheduled with the Local Management Board on June 12. A joint meeting with the Hagerstown Mayor and Council will be held immediately following the workshop. BUDGET TRANSFER - TRANSPORTATION DEPARTMENT Motion made by Commissioner Shank, seconded by Wade, to transfer $2,800 from Account 20-5-1363-524-250 (Contracted Services) to Account 40-5-3000-581-004 (CIP - Facilities Renovation) to replacement of a fuel line at the Transportation Department. Unanimously approved. BUDGET TRANSFER - FACILITIES MAINTENANCE Motion made by Commissioner Bowers, seconded by Shank, to approve the transfer of $7,000 from Account 01-5-0171-561-000 to Account 01-5-0171-682-000 to replace the walk-through metal detectors at the two entrances to the Circuit Court. Unanimously approved. APPROVAL OF ADDITIONS TO THE LIST OF NON-PROFIT AGENCIES TO WHICH THE COMMISSIONERS MAY CONTRIBUTE FUNDS Motion made by Commissioner Bowers, seconded by Downey, to approve the Resolution to include the following organizations to the list of nonprofit organizations to which the County Commissioners may contribute funds, pursuant to Section 1- 108(b), Code of Public Local Laws of Washington County, Maryland: Tri-County Council for Western Maryland, Inc., Washington County Volunteer Fire & Rescue  Association, Childrens Village of Washington County, Inc., Washington County Commission on Aging, Inc., Washington County Community Action Council, Inc., Food Resources, Inc., Washington County Arts Council, Memorial Recreation Center, Inc., and Western Maryland Child Care Resource Center, Inc. Unanimously approved. CONVEYANCE OF RIGHT-OF-WAY - LEITERSBURG Motion made by Commissioner Shank, seconded by Wade, to approve the agreement made by the Leitersburg Ruritan Club to grant an exclusive right-of-way, to Robert Veil, the adjoining property owner, for use as a driveway. Unanimously approved. GRANT AGREEMENT - MENTAL HEALTH AUTHORITY AND STATE DEPARTMENT OF MENTAL HYGIENE Motion made by Commissioner Bowers, seconded by Downey to approve the agreement MAY 27, 1997 PAGE SIXTEEN by the State Department of Mental Hygiene to authorize the Mental Health Authority, as the core services agency, to administer State grant funds in the amount of $9,345,245, contingent upon the approval of the County Attorney. Unanimously approved. APPOINTMENT - HISTORIC DISTRICT COMMISSION Motion made by Commissioner Shank, seconded by Bowers, to approve the appointment of Michael Gehr to the Historic District Commission for a three-year term. Unanimously approved. ADJOURNMENT Motion made by Commissioner Bowers, seconded by Downey, to adjourn at 9:00 p.m. Unanimously approved. County Administrator County Attorney , Clerk