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HomeMy WebLinkAbout970624 June 24, 1997 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County was called to order at 2:00 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. APPROVAL OF FISCAL YEAR 1998 REVISED CAPITAL IMPROVEMENTS PROGRAM (CIP) & REVIEW OF LONG-RANGE PLAN FOR CIP Debra Bastian, Director of Budget & Finance, and Robert Arch, Director of Planning & Community Development, met with the Commissioners regarding the Capital Improvements Program (CIP) budget. Ms. Bastian proposed a revision to the Parks Department CIP funding by reducing the Camp Harding project by $15,000, transferring $10,000 from the FY 1998 contingency fund, and utilizing $2,500 of the local share contingency of Program Open Space funds to cover a deficit in the Pinesburg softball complex project. Motion made by Commissioner Wade, seconded by Bowers, to approve the revised fiscal year 1998 CIP budget as outlined by the Director of Finance. Unanimously approved. Mr. Arch and Ms. Bastian reviewed the development of a long-range CIP budget for extending to fiscal year 2003. Ms. Bastian informed the Commissioners of certain assumptions for funding which were made in order to formulate the budget for the  out years. The Commissioners then discussed the budget and asked questions on various projects. Commissioner Downey recommended that staff have the CIP budget finalized by February each year. Mr. Arch thanked the Commissioners for their input and assistance in starting this budget process. DEED OF EASEMENT - WASHINGTON COUNTY ENDOWMENT DEVELOPMENT CORPORATION, INC. Motion made by Commissioner Downey, seconded by Bowers, to approve the deed of easement with the Washington County Endowment Development Corporation, Inc., for 9,781 square feet needed for a permanent gas line easement for the Robinwood corridor project. Unanimously approved. LETTER OF CREDIT - SOUTH POINT SUBDIVISION Motion made by Commissioner Wade, seconded by Bowers, to accept a letter of credit in the amount of $11,400 from Paul Crampton, Jr., as a one-year performance bond for the South Point Subdivision, Section 2. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Commissioner Downey, seconded by Shank, to convene in closed session at 3:18 p.m. to consider personnel issues and to consult with counsel to obtain legal advice, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Wade, seconded by Shank, to reconvene in open session at 6:09 p.m. Unanimously approved. In closed session the Commissioners considered five (5) personnel issues and consulted with counsel to obtain legal advice on seven (7) issues. RECESS The Commissioners recessed at 6:10 p.m. EVENING SESSION The Evening Session of the Board of County Commissioners of Washington County, Maryland, was called to order at 7:00 p.m. by the President, Gregory I. Snook, JUNE 24, 1997 PAGE TWO 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 - JUNE 3 AND 4, 1997 Motion made by Commissioner Bowers, seconded by Wade, to approve the minutes of June 3 and 4, 1997, as presented. Unanimously approved. CITIZENS PARTICIPATION Potomac Valley Fire Company - Parking Lot Clarence Webber, representing the Potomac Valley Fire Company, informed the Commissioners that the Potomac Valley Fire Company is constructing a new fire hall. The Director of Permits & Inspections is requiring that the Company obtain authorization from the Commissioners that they may continue to use the existing parking lot, which is owned by the County, as agreed upon in 1974. Motion made by Commissioner Shank, seconded by Bowers, to update the 1974 agreement with the Potomac Valley Fire Company to allow them to access land for use as a parking lot. Unanimously approved. Jim Devine complained that the Sheriff refused to investigate an incident which occurred involving the theft of property from a storage bin and the laws governing this situation. BUDGET TRANSFER - WATER & SEWER DEPARTMENT Motion made by Commissioner Bowers, seconded by Wade, to approve the request of the Water & Sewer Department to transfer a total of $33,600 to cover the cost of overruns for electricity and landfill fees for sludge disposal for the Conococheague Wastewater Treatment Plant as presented. Unanimously approved. LEASE AGREEMENT - AERO CONTRACTORS Motion made by Commissioner Downey, seconded by Shank, to approve a lease agreement with Aero Contractors at the Washington County Regional Airport for a ten-year period with additional renewals as presented by the County Administrator. Unanimously approved.  COUNTY ADMINISTRATORS COMMENTS Rodney Shoop, County Administrator, reminded the Commissioners of the Economic Development Commission meeting tomorrow at 7:30 a.m. Request to Waive Landfill Fees - United Way Day of Caring Mr. Shoop informed the Commissioners that he received a request to waive landfill fees for the United Way Day of Caring program. He asked that if the Commissioners approve this request that they agree to pay for the use through the contingency fund. Motion made by Commissioner Wade, seconded by Downey, to deny the request to waive landfill fees for the United Way Day of Caring. Unanimously approved. REZONING CASE RZ-96-07 (TRITCH) AND RZ-96-08 (SHEETS) Beth Evans, Assistant County Attorney, informed the Commissioners that Rezoning Applications RZ-96-07, submitted by Virginia Tritch, and RZ-96-08, submitted by Albert Sheets, were consolidated for the public hearing on June 10, 1996, as they are adjoining properties. The owners have requested that their parcels be rezoned from Residential Urban to Business Local (BL). She stated that the JUNE 24, 1997 PAGE THREE Circuit Court remanded the case to the Board of County Commissioners for its determination on the sole remaining issue of whether there has been a convincing demonstration that the proposed rezoning is appropriate and logical for the subject properties. Ms. Evans stated that the Commissioners heard oral argument on this matter at the June 17 meeting. She indicated that the Commissioners previously approved the definition of the neighborhood, adopted findings of fact, and found a substantial change in the neighborhood. The Commissioners discussed the reasons why they feel the Business Local classification would not be appropriate and logical for the properties. Motion made by Commissioner Shank, seconded by Bowers, that there has not been a convincing demonstration that the proposed rezoning to Business Local for rezoning cases RZ-96-07 and RZ-96-08 would be appropriate and logical for the subject property. Motion carried with Commissioners Shank, Bowers, Wade, and  Snook voting AYE and Commissioner Downey voting NO. Motion made by Commissioner Wade, seconded by Bowers, to deny the requested rezoning for applications RZ-96-07 and RZ-96-08. Motion carried with  Commissioners Shank, Bowers, Wade, and Snook voting AYE and Commissioner Downey  voting NO. REZONING CASE RZ-96-10 (ETHEL V. SMALL AND THE ESTATE OF ELEANORA MCCUBBIN) Ms. Evans reviewed rezoning application RZ-96-10, submitted by Ethel Small and the Estate of Eleanora McCubbin, and the findings which were made at the April 22 meeting prior to their action to table a final decision on the rezoning request for the property. She stated that the Commissioners adopted the definition of neighborhood as presented and found that there had been a substantial change in the character of the neighborhood. The Commissioners also found that HI-2 was not the appropriate zoning for the property. The Commissioners discussed the proposed rezoning request and their reasons why HI-2 is not the appropriate zoning for this property. Motion made by Commissioner Shank, seconded by Bowers, to make the findings of fact which are set forth in the reports of the Planning staff dated October 31, 1997 and December 23, 1997, the Planning Commission recommendation. Motion  carried with Commissioners Shank, Bowers, Downey, and Snook voting AYE and  Commissioner Wade ABSTAINING. Motion made by Commissioner Bowers, seconded by Downey, to table making a final decision on rezoning application RZ-96-10 to allow time to discuss the rezoning classification with the applicants. Motion made by Commissioner Downey, seconded by Bowers, to amend the main motion to allow the applicants a thirty-day period to withdraw the application if they wish to do so. Motion carried with Commissioners Downey, Bowers, Shank, and  Snook voting AYE and Commissioner Wade ABSTAINING. The main motion as amended, carried with Commissioners Downey, Bowers, Shank, and  Snook voting AYE and Commissioner Wade ABSTAINING. REZONING CASE RZ-97-03 (ARTZ) Beth Evans reviewed the information on rezoning case RZ-97-03, requested by Larry B. Artz, et al. She stated that the existing zoning is Agriculture and the property owner has requested separate zoning classifications for five parcels - 145 acres to RR/Rural Residential, 26 acres to RR/Rural Residential, 276.8 to HI- 1/Highway Interchange, 65 acres to HI-2, and 100 acres to IR/Industrial- Restricted. JUNE 24, 1997 PAGE FOUR Motion made by Commissioner Wade, seconded by Bowers, to adopt the definition of neighborhood as described by the Planning Commission. Unanimously approved. Motion made by Commissioner Downey, seconded by Shank, to adopt the findings of fact as set forth in the reports of the Planning staff dated March 3, 1997 and April 28, 1997. Unanimously approved. The Commissioners outlined the following items which were identified and given consideration as exhibiting change: extension of public sanitary sewer lines in the neighborhood, installation of a public water line along Rench Road, an approved comprehensive plan amendment for the new interchange as Md. 632 and I-70 and its anticipated construction start, completion of traffic improvements to the Md. 65 and I-70 interchange, increased traffic flow along Md. 65 south of Rench Road, and extension of HI-1 zoning classification to Rench Road as part of the Highway Interchange Comprehensive rezoning. Motion made by Commissioner Downey, seconded by Bowers, that there has been a substantial change in the character of the neighborhood. Unanimously approved. The Commissioners discussed each parcel and the compatibility with existing and proposed development prior to determining if there had been a convincing demonstration that each of the proposed rezoning requests were appropriate and logical for the property. A) 145 Acres to RR Motion made by Commissioner Shank, seconded by Wade, that there has been a convincing demonstration that the proposed zone of RR-Rural Residential zoning is appropriate and logical for the subject property. Unanimously approved. B) 26 Acres to RR Motion made by Commissioner Wade, seconded by Shank, that there has been a convincing demonstration that the proposed zone of RR-Rural Residential zoning is appropriate and logical for the subject property. Unanimously approved. C) 276.8 Acres to HI-1 Motion made by Commissioner Bowers, seconded by Wade, that there has not been a convincing demonstration that the proposed zone of HI-1/Highway Interchange is appropriate and logical for the subject property. Motion carried with  Commissioners Bowers, Wade, and Snook voting AYE and Commissioners Shank and  Downey voting NO. D) 64 acres to HI-2 Motion made by Commissioner Downey, seconded by Bowers, that there has been a convincing demonstration that the proposed zone of HI-2/Highway Interchange zoning is appropriate and logical for the subject property. Unanimously approved. E) 100 Acres to IR Motion made by Commissioner Bowers, seconded by Wade, that there has not been a convincing demonstration that the proposed zone of IR-Industrial Restricted is appropriate and logical for the subject property. Unanimously approved. At this time, the Commissioners considered each of the parcels for the requested rezoning. A) 145 Acres to RR Motion made by Commissioner Shank, seconded by Wade, based upon the previous motions, that the subject property be rezoned from A-Agriculture to RR-Rural JUNE 24, 1997 PAGE FIVE Residential. Unanimously approved. B) 26 Acres to RR Motion made by Commissioner Shank, seconded by Bowers, based upon the previous motions, that the subject property be rezoned from A-Agriculture to RR-Rural Residential. Unanimously approved. C) 276.8 Acres to HI-1 Motion made by Commissioner Wade, seconded by Bowers, based upon the previous  motions, that the applicants request to rezone the property from A-Agriculture to HI-1/Highway Interchange be denied. Motion made by Commissioner Shank, seconded by Downey, to amend the main motion to allow the applicant thirty days to withdraw the request to rezone 276.8 acres from A-Agriculture to HI-1/Highway Interchange. Motion was denied with  Commissioners Shank and Downey voting AYE and Commissioners Bowers, Wade, and  Snook voting NO.  The main motion carried with Commissioners Wade, Bowers, and Snook voting AYE  and Commissioners Shank and Downey voting NO. D) 64 Acres to HI-2 Motion made by Commissioner Bowers, seconded by Downey, based upon the previous motions, that the subject property be rezoned from A-Agriculture to HI-2/Highway Interchange. Unanimously approved. E) 100 Acres to IR Motion made by Commissioner Wade, seconded by Bowers, based upon the previous  motions, that the applicants request to rezone the property from A-Agriculture to IR-Industrial Restricted be denied. Unanimously approved.  PRESENTATION - WASHINGTON COUNTY PILOTS ASSOCIATION  John Luce, representing the Washington County Pilots Association, and Chris Hudson, representing the Aircraft Owners and Pilots Association, made a presentation to the Commissioners. He emphasized the importance of general aviation at the airport and the factors pertaining to the decline in general aviation. Mr. Luce compared the budget of the Washington County Regional Airport  to that of Frederick Countys airport. He requested the Commissioners not to approve the increases in T-hangar rates at this time and study any future rate increases. Mr. Luce recommended that a future master plans include cost/benefit analysis be done, that the County institute a 15% administrative cap, re-evaluate Pt. 139 benefits/cost, and approve longer leases for lease-hold improvements. The Commissioners thanked Mr. Luce and asked several questions regarding his presentation.  COMMISSIONERS REPORTS & COMMENTS Commissioner Snook asked if the Commissioners had any comments to submit to Maryland General Services regarding its potential acquisition of the property at 36 West Antietam Street for use as a District Court. The Commissioners asked that it be communicated to Maryland General Services that they attempt to tie in the parking lot with the adjoining lot owned at the County Office Building. The Commissioners considered the letter from the Department of Natural Resources asking the Commissioners to appoint an individual to act as a liaison on the Rural Legacy Program. The Commissioners asked that Eric Seifarth, Associate Planner be named as the liaison. Commissioner Downey informed the Commissioners that he attended the HIRT banquet and presented them with the plaque that he received on behalf of the Commissioners. Commissioner Bowers reported on the proposal to utilize the Western Maryland Center as an outreach clinic by the JUNE 24, 1997 PAGE SIX  Veterans Administration. Motion made by Commissioner Bowers, seconded by Shank, to send a letter to the  Veterans Administration in support of the proposal to utilize the Western Maryland Center in Hagerstown as an outreach clinic. Unanimously approved. EMPLOY - LABORATORY TECHNICIAN I - WATER & SEWER Motion made by Commissioner Shank, seconded by Wade, to employ David Wheeler as a Laboratory Technician I at the Water & Sewer Department at Grade 6, to fill an existing vacancy. Unanimously approved. APPOINTMENT - BOARD OF EXAMINERS & SUPERVISORS FOR ELECTRICIANS Motion made by Commissioner Bowers, seconded by Downey, to appoint Ronald Kinsey to the Board of Examiners & Supervisors for Electricians for a three-year term. Unanimously approved. APPOINTMENTS - COMMISSION FOR WOMEN Motion made by Commissioner Wade, seconded by Downey, to appoint Carolyn Brooks, Yolanda England, Carolyn Moore, Barbara Cashion for three-year terms, and to appoint Johnetta Neal to complete the unexpired term of Carrol Springer, to appoint Charlotte Walsh to complete the unexpired term of Mary Hoffman, and to appoint Victoria Nelson to complete the unexpired term of Carolyn Moller. Unanimously approved. RESOLUTION - CONDEMNATION FOR RUNWAY PROTECTION ZONE Motion made by Commissioner Wade, seconded by Shank, to approve the Resolution authorizing the pending condemnation for land for the establishment of a Runway Protection Zone as set for in the Complaint filed in case number 21-C-97-1537-CD in the Circuit Court for Washington County. Unanimously approved. APPROVAL - FOREST CONSERVATION EASEMENTS Motion made by Commissioner Wade, seconded by Shank, to approve test plots for Forest Conservation Easements with Lawrence and Jean Izer in the amount of $3,216 and with Lester Fant, III, in the amount of $2,216 from the Forest Conservation Ordinance funds, as presented by the Assistant County Attorney. Unanimously approved. MEMORANDUM OF UNDERSTANDING - CORE SERVICES AGENCY Motion made by Commissioner Bower, seconded by Shank, to rescind the prior action of May 27, 1997, approving the Memorandum of Understanding for Core Services Agency and to notify the State that this should not be considered a contract. Unanimously approved. CONSIDERATION FOR RATE CHANGES - REGIONAL AIRPORT Motion made by Commissioner Wade, seconded by Downey, to approve the Joint Resolution of the Washington County Regional Airport Commission adopting the changes to charges, rentals, and fees at the Washington County Regional Airport, as presented at the public hearing held on June 10, 1997. Unanimously approved. (Copy of Resolution Attached) ADJOURNMENT Motion made by Commissioner Bowers, seconded by Shank, to adjourn at 9:18 p.m. Unanimously approved. County Administrator Assistant County Attorney , Clerk