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HomeMy WebLinkAbout981117 November 17, 1998 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 10:15 a.m. by President Gregory I. Snook with the following members present: Vice President John S. Shank, and . Commissioners Ronald L. Bowers, R. Lee Downey, and James R. Wade Also present were Commissioners-Elect Bertrand Iseminger, John Schnebly, Paul Swartz, and William Wivell. 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 - NOVEMBER 10, 1998 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of November 10, 1998, as submitted. Unanimously approved. PRESENTATION OF IDEA AWARD - WILLIAM VANCE Rodney Shoop, County Administrator, presented a certificate of merit to  William Kelly Vance from the Department of Permits & Inspections, as the recipient of the Innovative, Dedicated Employee Award (IDEA) Program Award for the quarter. Mr. Shoop stated that Mr. Vance was nominated by co-worker  Kathy Kroboth. Mr. Vance was nominated for initiating the fast track process to allow certain permits to be approved while the applicant waits. Previusly, permits could require up to three weeks to process for simple or complex projects. Mr. Shoop stated that permits for simple projects can be processed in a single day, saving the customer time and allowing the staff to work on more complex projects. The IDEA award consists of a $500 check and an additional personal day. Mr. Vance thanked the Commissioners for the award. Commissioner Snook thanked Mr. Vance for his hard work. CITIZENS PARTICIPATION Charles L. Martin expressed concerns about safety at the intersection of Stotler Road and Halfway Boulevard. He stated that the improvements being made on Halfway Boulevard will increase the traffic in the area.  Commissioners Snook and Downey addressed Mr. Martins concerns. They indicated that a traffic signal may be warranted at this location and that the County Engineer is reviewing the situation. Dick Souders voiced his opposition to the rezoning request the Commissioners will be considering today regarding Hickory Corner. Jeannine Humphreys spoke on behalf of the League of Women Voters and thanked the Commissioners for being so gracious during their terms of office. BUDGET TRANSFER - OLD BEAVER CREEK PAVILION Rodney Shoop, County Administrator, informed the Commissioners that it will cost $14,493 for labor and materials to rebuild the Beaver Creek pavilion. Commissioner Bowers asked Mr. Shoop to contact Louise Beachley regarding donations that the Historical Advisory Committee has collected for the repairs. He also suggested that the labor for the project could be donated by individuals in the area or by students at the Career Studies Center. Motion made by Shank, seconded by Bowers, to provide funding in an amount not to exceed $10,000 from the Contingency Fund for purchase of materials to repair the Beaver Creek pavilion after first utilizing the funds collected for this project by the Historical Advisory Committee with the provision that donated labor will be used for the project. Unanimously approved. RURAL LEGACY GRANT AGREEMENT Motion made by Commissioner Wade, seconded by Bowers, to provide confirmation to the State Department of Agriculture that Rodney Shoop, County Administrator, was authorized to execute the Rural Legacy Program grant agreement. Unanimously approved. APPOINTMENT - MORTGAGE LOAN COMMITTEE Motion made by Commissioner Wade, seconded by Bowers, to appoint Paul Beck to the Mortgage Loan Committee. Unanimously approved.  COMMISSIONERS REPORTS AND COMMENTS  Commissioner Downey reported on the Veterans Day ceremony held at Clear Spring High School. REZONING CASE RZ-98-12 - TRIAD PROPERTIES Beth Evans, Assistant County Attorney, reviewed rezoning map amendment NOVEMBER 17, 1998 PAGE TWO RZ-98-12, submitted by Triad Properties, to rezone property from Agricultural (A) to Business Transitional (BT) which was heard at public hearing on September 21, 1998. Ms. Evans stated that the Planning Commission recommended that the rezoning application be approved. Motion made by Commissioner Wade, seconded by Bowers, to accept the definition of the neighborhood as described by the applicant. Unanimously approved. Motion made by Commissioner Bowers, seconded by Wade, to make the findings of fact as set forth in the report of the County Attorney which is attached. Unanimously approved. Motion made by Commissioner Shank, seconded by Bowers, that there was a substantial change in the character of the neighborhood where the property is located based on the following facts: (a) Since the passage of the Zoning Ordinance in 1973, agricultural uses have become a very small part of the land uses in this neighborhood. Development has been predominantly residential ranging from apartments and condominiums to townhouses and single family dwellings. There have also been significant commercial and service developments constructed such as the Brethren Mutual Insurance Company, Robinwood Medical Center, College Plaza Shopping Center, and the Emeritus Assisted Living complex. Hagerstown Community College has also had several significant expansions. (b) An increase in population, traffic and infrastructure. Significant upgrades of roads and infrastructure as well as expansion of water and sewer facilities in the neighborhood. Signal and lane upgrades have been ongoing along the Robinwood Drive Corridor. The construction of Yale Drive and Medical Campus Road.  (c) Rezonings since 1973. Three of these cases have been P.U.D.s, with two (RZ-91-01 and RZ-91-02) being overlaid in the Agricultural zone, and one (RZ-95-04) being a P.U.D. in a Residential Suburban zone. Two of the rezoning cases have been for Business Local and are located around the intersection of Robinwood Drive and Mt. Aetna Road (RZ-149 and RZ-314). Another case was a comprehensive rezoning (RZ-290) which rezoned large tracts (1000 acres plus) of this neighborhood to Residential Suburban. In 1997 we rezoned 18 acres owned by Triad Properties from Agricultural to Residential Suburban and 1.85 acres owned by John Young from Agricultural to Business Transitional. Unanimously approved. Motion made by Commissioner Bowers, seconded by Shank, that there has been a convincing demonstration that the proposed rezoning from Agricultural (A) to Business Transitional (BT) would be appropriate and logical for the subject property based on the following reasons: Unanimously approved. a) The property is located within an Urban Growth Area. b) The subject site does not comply with the purpose of the  Agricultural district which is to provide for continued farming activity and the many uses which do not require public water and sewerage facilities and which may be more suitably located outside of the urban-type growth of  the larger communities of the County. c) The BT classification would provide for a transition between the  commercial and institutional uses to the north and west of the applicants property, and the existing and planned residential uses to the east and south. d) The purpose of the BT zone is to provide for low intensity commercial uses, including banks, clinics, florist shops or professional offices, which are compatible commercial uses. e) Would be consistent with the pattern of development of supportive commercial and office uses encouraged by the adoption of many PUD reclassifications in the defined neighborhood since the last comprehensive zoning. f) BT zoning is supported by the public infrastructure improvements which have been made and are planned, including that Robinwood Drive will be constructed as a four lane road in front of the subject property. Motion made by Commissioner Wade, seconded by Bowers, based upon the NOVEMBER 17, 1998 PAGE THREE previous motions, that the proposed rezoning from A-Agricultural to BT- Business Transitional be granted. Unanimously approved. CASE RZ-98-14 - GERALD & CAROLYN CUMP Beth Evans, Assistant County Attorney, reviewed rezoning map amendment RZ- 98-14, submitted by Gerald & Carolyn Cump, to rezone property from Residential Suburban (RS to Business Transitional (BT) which was heard at public hearing on September 21, 1998. Ms. Evans stated that the Planning Commission recommended that the rezoning application be approved. Motion made by Commissioner Bowers, seconded by Shank, to accept the definition of the neighborhood as described by the applicant. Unanimously approved. Motion made by Commissioner Bowers, seconded by Wade, to make the findings of fact as set forth in the report of the County Attorney which is attached. Unanimously approved. Motion made by Commissioner Shank, seconded by Bowers, that there was a substantial change in the character of the neighborhood where the property is located based on the following reasons: a) development which is occurring and which has occurred along Robinwood Drive, including the extension of public water and sewer lines, construction of new roads, development of the Robinwood Medical Campus facility and expansion of Hagerstown Community College; b) the reconstruction of Robinwood Drive itself; c) development plans and rezoning changes which have been approved in the last few years in this area. Unanimously approved. Motion made by Commissioner Wade, seconded by Bowers, that there has been a convincing demonstration that the proposed rezoning from Residential Suburban (RS) to Business Transitional (BT) would be appropriate and logical for the subject property based on the following facts: a) located within Urban Growth Area. b) increased traffic on Robinwood Drive, proposed widening of Robinwood Drive, and development of multi-family, commercial, and institutional development in the area. c) the subject property contains slightly more than two acres and is oriented towards Robinwood Drive. d) the intensification of development and resulting traffic in an area tend to have a greater impact on small and odd-shaped properties than it does on larger properties. (Large parcels of residentially zoned land can be developed in such a way to provide for internal access off of the main road and can provide buffering. The small properties can either be combined with the large properties or remain as vacant under-utilized land.) e) Business Transitional Zoning district was not in existence in 1973 when zoning was established. This relatively new classification provides for a compatible commercial use of property when events occurring around the property make it no longer appropriate or desirable for residential development. f) BT zoning would allow for development of the property in a manner that would be compatible with the existing and proposed uses on the surrounding properties. Unanimously approved. Motion made by Commissioner Bowers, seconded by Shank, based upon the previous motions, that the proposed rezoning from RS-Residential Suburban to BT-Business Transitional be granted. Unanimously approved. REZONING CASE RZ-98-13 - HICKORY CORNER Beth Evans, Assistant County Attorney, reviewed rezoning map amendment RZ- 98-13, submitted by Hickory Corner, Inc., to rezone property from Residential Suburban (RS) to Business Local (BL) which was heard at public hearing on September 21, 1998. Ms. Evans stated that the Planning Commission recommended that the rezoning application be approved. Motion made by Commissioner Downey, seconded by Wade, to accept the definition of the neighborhood as described by the applicant. Unanimously approved. Motion made by Commissioner Bowers, seconded by Downey, to make the findings of fact as set forth in the report of the County Attorney which is attached. Unanimously approved. Motion made by Commissioner Wade, seconded by Downey, that there was a substantial change in the character of the neighborhood where the property is located for the following reasons: a) Three rezonings in the neighborhood since zoning of the subject property (all 3 are across the street and were changed to BL, BG and BL, 1 NOVEMBER 17, 1998 PAGE FOUR being the comp HI rezoning, 95-6.2; the other two pre-dated the 1995 comprehensive rezoning and were changes from residential to business). b) The nonconforming use has continued to thrive and has expanded substantially. c) Development which has occurred along VA Ave.  Motion carried with Commissioners Wade, Downey, and Snook voting AYE and  Commissioners Bowers and Shank voting NO. Motion made by Commissioner Wade, seconded by Downey, that there has been a convincing demonstration that the proposed rezoning from Residential Suburban (RS) to Business Local (BL) would be appropriate and logical for the subject property based on the following reasons: a) Existing land use in the area is well mixed. b) Commercial traffic along Virginia Ave. c) This is a well-established commercial site which is located across Virginia Avenue from business zoning. d) BL zoning would require site plan approval from the Planning Commission for changes on the site, possibly allowing the Planning Commission to provide protective measures for adjacent property owners which are not available if the site is continued as a nonconforming use under RS zoning.  Motion carried with Commissioners Wade, Downey and Snook voting AYE and  Commissioners Bowers and Shank voting NO. Motion made by Commissioner Wade, seconded by Downey, based upon the previous motions, that the proposed rezoning from Residential Suburban (RS) to Business Local (BL) be granted. Motion carried with Commissioners Wade,  Downey and Snook voting AYE and Commissioners Bowers and Shank voting  NO. APPROVAL TO REIMBURSE AGRICULTURAL EDUCATION CENTER Motion made by Commissioner Bowers, seconded by Downey, to reimburse the Agricultural Education Center up to $50,000 from the Capital Contingency Fund for the private donations to them which were used for operating and capital expenditures at the Center prior to approval of the State matching grant. Unanimously approved. RECESS - LUNCHEON AT HOSPICE The Commissioners recessed at 11:34 a.m. in order to attend a luncheon at Hospice. Commissioner Wade was excused from the meeting at this time. AFTERNOON SESSION The afternoon session was called to order at 1:30 p.m. by the President, Gregory I. Snook, with the following members present: Vice President John S. Shank, Commissioners Ronald L. Bowers, and R. Lee Downey. RECORDS MANAGEMENT POLICY Joni Bittner, County Clerk, along with GeorgiAnn Breichner, City Clerk, met with the Commissioners to request that they adopt Records Management Policy GA-1 to establish and maintain a program for records retention and disposition. Ms. Bittner explained that all State, county, and local government agencies are required to establish such a policy to ensure the orderly disposal of public records. After the records are inventoried and appraised, a records retention and disposition schedule will be prepared for submittal to the State Archivist for approval. Ms. Bittner requested that the proposal of Roberts Organizational Services (ROS) be approved to provide joint training to the staff of the City of Hagerstown and Washington County on records inventory and retention. ROS would then inventory all County records and develop a retention and disposal schedule. Motion made by Bowers, seconded by Shank, to approve Records Management Policy GA-1 as presented and to accept the proposal of Roberts Organizational Services to provide records management training to County staff, provide an inventory of County records, and assist in development of a retention and disposition schedule for the fee of $10,920.83 with funds to be taken from the Contingency Fund. Unanimously approved.  COUNTY ADMINISTRATORS COMMENTS Mr. Shoop informed the Commissioners that he contacted the Army representatives requesting that they allow nearby residents to walk on the base at Fort Ritchie. They have responded that they will re-evaluate the situation in February or March 1999. NOMINATION OF ROBERT CLAGETT FARM TO THE NATIONAL REGISTER OF HISTORIC PLACES Stephen Goodrich, Senior Planner, met with the Commissioners to present an application for nomination to the National Register of Historic Places. Mr. NOVEMBER 17, 1998 PAGE FIVE Goodrich reviewed the application for the Robert Clagett farm which the Historic District Commission is recommending for the listing. He stated  that Washington County, as a Certified Local Government, can recommend properties for nomination. He then reviewed the criteria for eligibility to the National Register. The Commissioners discussed the application. Motion made by Commissioner Shank, seconded by Bowers, to submit the application for the Robert Clagett farm to the Maryland Historical Trust for nomination to the National Register of Historic Places. Unanimously approved. LUND TRACT ACCESS ROAD - OPTION AGREEMENT Motion made by Commissioner Downey, seconded by Shank, to approve the option agreement with Kirk and Debra Karn to acquire 406 square feet in fee simple for $1,500 for land needed for the Lund tract access road project. Unanimously approved. Commissioner Bowers was excused from the meeting at 1:55 p.m. KING ROAD BRIDGE PROJECT Motion made by Commissioner Downey, seconded by Shank, to accept a donation of right-of-way from Elmer A. Stone, Jr. for the dedication of 2,490 square feet in fee simple and 7,293 square feet in revertible easement and the dedication of 2,511 square feet in fee simple and 4,466 square feet in revertible construction easement. Unanimously approved. CONVENE IN CLOSED SESSION Motion made by Downey, seconded by Shank, to convene in closed session at 1:58 p.m. to consult with counsel to obtain legal advice, to consider the acquisition of real property, and to consider proposals for businesses or industrial organizations to locate, 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. Commissioner Bowers was excused from the meeting at 1:55 p.m. RECONVENE IN OPEN SESSION Motion made by Commissioner Downey, seconded by Shank, to reconvene in open session at 3:47 p.m. Unanimously approved. In closed session the Commissioners consulted with counsel to obtain legal advice on three (3) matters, considered three issues involving acquisition of real property, and discussed two (2) proposals for businesses or industrial organizations to locate, expand, or remain in the State. (Commissioner Shank was excused from the meeting at this time.) JOINT MEETING WITH CITY OF HAGERSTOWN Commissioners Snook and Downey met with Hagerstown Mayor Robert Bruchey and City Council members Lewis Metzner, Wallace McClure, Susan Saum-Wicklein, Al Boyer, and William Breichner, at 4:15 p.m. Introduction of Newly-Elected Board of County Commissioners The newly-elected County Commissioners were introduced to the Mayor and Council. All of the members expressed the desire to work cooperatively on projects in the future. Metropolitan Planning Organization Update Robert Arch, Director of Planning & Community Development, provided an update on the status of the Hagerstown/Eastern Panhandle Metropolitan Planning Organization (MPO) special study projects which pertain to the City of Hagerstown/Washington County. Mr. Arch reviewed the history of the MPO and stated that it was originally developed to act as a conduit for transit funding and planning. He explained that when the ISTEA legislation was adopted and new urban boundaries were established, a reconstituted MPO was formed including regions of West Virginia and Pennsylvania. Mr. Arch stated that the Transportation Improvement Program now includes traffic studies to determine the impact of the new interchange at Md. Route 632 on Maryland Avenue and the City of Hagerstown and the alignment of the Funkstown bypass. Other projects include development of a Civil War heritage trail through Maryland and West Virginia and a rail/trail project from Harpers Ferry to Charles Town, West Virginia. He stated that two additional projects are planned for next year to include the creation of an inland port in Martinsburg, West Virginia and a bike/pedestrian trail from Williamsport to Hagerstown. The Commissioners and Council discussed the projects. Commissioner Downey suggested that the groups bring the project to expand Interstate 81 to three lanes to the attention of the Washington County Delegation to the General Assembly. Future Meetings The Commissioners and Mayor and Council discussed a schedule for future meetings of both bodies and agreed to continue to meet on a monthly basis. The group considered topics for future discussion and agreed that joint water and sewer ventures and tax setoffs should be placed on the agenda to be discussed next year. NOVEMBER 17, 1998 PAGE SIX ADJOURNMENT Motion made by Commissioner Downey, seconded by Shank, to adjourn at 5:00 p.m. Unanimously approved. County Administrator County Attorney , Clerk