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HomeMy WebLinkAbout981124 November 24, 1998 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:30 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. CONVENE IN CLOSED SESSION Motion made by Downey, seconded by Shank, to convene in closed session at 8:30 a.m. 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. RECONVENE IN OPEN SESSION Motion made by Commissioner Wade, seconded by Bowers, to reconvene in open session at 9:32 a.m. Unanimously approved. In closed session the Commissioners consulted with counsel to obtain legal advice on one (1) matter and considered one (1) proposal for a business or industrial organization to locate, expand, or remain in the State. 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 17, 1998 Motion made by Commissioner Downey, seconded by Bowers, to approve the minutes of November 17, 1998, as submitted. Unanimously approved.  COMMISSIONERS REPORTS AND COMMENTS Commissioner Snook informed the Commissioners that Program Open Space money was money approved for the purchase of playground equipment at Woodland Way Park and tennis and basketball court improvements at Chestnut Grove Park. He reported that the Maryland Department of the Environment will hold a public hearing on the Clean Water Standards Act on January 26 at 7:00 p.m. Commissioner Snook informed the Commissioners that he met with the members of the Chamber of Commerce Government Affairs Committee who presented their legislative agenda. Commissioner Downey informed the Commissioners that the Transportation Advisory Committee (TAC) reviewed the petition to place four- way stop sign at the intersection of Bower Avenue and Gay Street. The TAC found that a four-way stop was not justified at this location but that improvements to the vertical alignment should be made to improve the intersection. He asked that it be included in the list of CIP projects for consideration. Commissioner Downey also reported on the Local Management Board meeting. RELOCATION OF COLE ROAD Robert Arch, Director of Planning & Community Development, reviewed the request from Crown American for the relocation of Cole Road to permit the expansion at the Valley Mall. Mr. Arch stated that a public hearing was held on the request on July 28, 1998. He stated that additional information has been submitted regarding right-of-way for the road and access to adjacent properties while the relocated Cole Road is being constructed. Mr. Arch indicated that funding for the relocation would be paid by the County which would then be offset by Federal funding provided through the Federal TEA-21 legislation. Kevin Evans, representing Crown American, informed the Commissioners that an agreement in principal is in place with Randy Cohen, owner of Valley World, to provide access during construction. Mr. Cohen read a letter from his attorney and stated that they are trying to work out details for a permanent easement. Motion made by Bowers, seconded by Shank, to approve the request to permanently close and relocate Cole Road conditioned upon: 1) dedication of  rights-of-way to Washington County as shown on Simplified Plat for Crown American Acquisition Associates I, L.P., and FMW Partnership for exchange of  property only; 2) Crown American and all necessary parties in interest granting Valley World a permanent right-of-way over the Mall to Halfway Boulevard for ingress to and egress from its land or some other acceptable alternative; and 3) approval of a developer agreement in substantially the same form as the latest draft (5B) dated 11/23/98, without the requested tax credit. Unanimously approved. ADOPTION OF BLACK ROCK GOLF COURSE AGREEMENT Rodney Shoop, County Administrator, informed the Commissioners that the Washington County Public Golf Corporation has reviewed the proposed agreement with Washington County and has approved it with one exception. The Corporation has asked that the Commissioners amend Section 3, Paragraph 4 of the Agreement to allow the Corporation to retain the recommended $24,000 for capital improvements. He stated that a separate reserve account would be established for this purpose. Mr. Pike indicated that these funds would serve as a financial offset when improvements are needed. Commissioner Downey read a portion of the proposed agreement and stated that he would be willing to base the payment on net revenues rather than gross revenues but feels that some revenue from the golf course should come back to the County. Commissioner Wade stated that the Corporation should be allowed to retain these funds if the Commissioners are interested in a NOVEMBER 24, 1998 PAGE TWO 9-hole expansion of the course. He supported the recommendation made by the Golf Corporation. Commissioner Bowers stated that a payment in lieu of taxes could be made by the Corporation to the County and set aside for expansion. Motion made by Commissioner Bowers, seconded by Downey, to amend the agreement with the Washington County Public Golf Corporation to require that a minimum payment of $2,000 per month be made by the Corporation to the County as a payment in lieu of taxes. The payment made will be based on net revenues and will be set aside in the Capital Improvement Program (CIP) fund designated for the expansion of the Black Rock Golf Course. Unanimously approved. Ronald Phillips, a member of the Public Golf Corporation Board of Directors thanked the Commissioners for the compromise and reviewed capital projects which will be are scheduled for Black Rock Golf Course next year. AMENDMENTS TO GAMING COMMISSION RULES AND REGULATIONS Kathy Schilens, Director of the Gaming Commission, reviewed proposed amendments to the Gaming Commission Rules and Regulations. She stated that many of the amendments were made in conjunction with House Bill 1188 which was adopted during the 1998 legislative session. The Commissioners discussed each of the amendments. Ms. Schilens stated that the amendments have been reviewed by the Gaming Commission and it was the consensus to endorse the amendments Motion made by Commissioner Wade, seconded by Bowers, to adopt the amendments to the Gaming Commission Rules and Regulations as presented, retroactive to July 1, 1998 to coincide with the State law. Unanimously approved. CITIZENS PARTICIPATION Donald Allensworth expressed concerns regarding the annexation procedure. He also commented on the recent annexation in Keedysville. Richard Souders spoke in opposition to rezoning case RZ-98-13 which was approved at the November 17 meeting. Mr. Souders raised several points regarding the case and asked that it be reconsidered due to violations at this location which he alleged were not enforced by the Permits Department. Commissioner Downey cited the reasons for approving the rezoning and stated that it was an appropriate rezoning. Sue Ann Sullivan thanked the Commissioners for serving the County so well in  the past. Greg thanked Ms. Sullivan for serving as one of the Countys representatives on the C&O Canal National Historical Park Commission. Bob Cumberland and Charlie Shindle, representing the Washington County Volunteer Fire and Rescue Association, presented plaques and coffee mugs to the Board of County Commissioners in recognition of and with gratitude for their support of fire and emergency services in Washington County. APPROVAL OF AGREEMENT FOR EASEMENT - CHARLES RESH Motion made by Commissioner Shank, seconded by Wade, to approve the agreement with Charles Resh to purchase right-of-way adjacent to County property for $15,000 with the condition that the County install an at-grade crossing of the drainage swale. Unanimously approved. CASE RZ-98-05 - MILLARD E. AND BEVERLY J. KRETZER Beth Evans, Assistant County Attorney, reviewed rezoning map amendment RZ- 98-05, submitted by Millard E. Kretzer, to rezone property from Residential Suburban (RS to Business Local (BL) which was heard at public hearing on March 19, 1998. Ms. Evans stated that the Planning Commission recommended that the rezoning application be denied. Ms. Evans explained why the case has been delayed and presented several letters written to the Kretzers confirming telephone conversations in which Mr. Kretzer instructed the  County Attorneys office that he did not want the case placed on the agenda. She stated that she informed Mr. Kretzer that he did not define the neighborhood in his presentation at the public hearing and, therefore, the criteria of change in the character could not be considered for the rezoning. Ms. Evans also read into the record a letter from Gregory Snook, President of the County Commissioners, to the Kretzers confirming their statement that they would be withdrawing the application. Mr. Kretzer did  not withdraw his case and notified the County Attorneys office on November 9, 1998 that he wanted the Commissioners to make a decision on the application as submitted. Ms. Evans submitted the correspondence for the record. Commissioner Wade stated that he is familiar with the proceedings and the record although he was not present at the public hearing. Motion made by Commissioner Wade, seconded by Shank, 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 not a mistake in the original zoning. Unanimously approved. NOVEMBER 24, 1998 PAGE THREE 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 denied. Unanimously approved. REZONING CASE RZ-98-15 - BOARD OF COUNTY COMMISSIONERS Ms. Evans reviewed rezoning case RZ-98-15 which is a comprehensive rezoning creating the zone of Special Economic Development District (SED) Motion made by Commissioner Shank, seconded by Bowers, to adopt text amendment RZ-98-15 creating the zone of Special Economic Development District (SED) in the Zoning Ordinance. Unanimously approved. Motion made by Commissioner Shank, seconded by Wade, to adopt the Ordinance prepared by the office of the County Attorney, which will apply to the newly created zone of Special Economic Development District (SED) to the area shown on the attached map, changing the zoning from Conservation (C). Unanimously approved. REZONING CASE RZ-98-10 - WASHINGTON COUNTY INDUSTRIAL FOUNDATION Beth Evans, Assistant County Attorney, reviewed rezoning map amendment RZ- 98-10, submitted by the Washington County Industrial Foundation (CHIEF), to rezone property from Planned Industrial (PI) to Agricultural (A) which was heard at public hearing on October 6, 1998. Ms. Evans stated that the Planning Commission recommended that the rezoning application be approved. Commissioner Bowers expressed concerns that this property with rail is being  down zoned. Bert Iseminger, Commissioner-Elect and Planning Commission member, stated that CHIEF felt that the property, because of its shape, is not large enough to be used for PI and could not be used for the purposes approved in this classification without acquiring the adjacent land. Commissioner Shank stated that he felt there would be a need for property with rail access in the near future. Motion made by Commissioner Downey, 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  mistake in the original zoning based on information in County Attorneys findings: a) In 1973, the entire lands of the Foundation were given a classification of Planned Industrial with the idea that the entire tract would be usable for this purpose. b) The zoning designation was based upon property ownership and deed lines, not upon consideration of matters in the field related to the probable use of the property. c) It was inaccurate to assume that the subject acreage could be developed industrially due to its unique isolated location vis-a-vis  the balance of the applicants property and its small size. d) By 1971, the only access to this parcel was Kendle Road, a narrow county road, not suitable for industrial traffic. e) Further, there is no crossing of the Pennsylvania Railroad tracks which would provide vehicular access to the subject property from the remaining lands of the Industrial Park.  f) By 1973 when zoning was implemented and the Planned Industrial designation was assigned to the subject property, the Industrial Park was being developed actively, with Governor Lane Boulevard constructed and serving as its main road, water and sewer in place, covenants imposed, and Certainteed Products, Fleetwood Enterprises and Textron, Inc. in the Park. However, water and sewer still does not serve the subject property and there are no plans to extend public sewerage service to the site. g) Land contiguous to the subject property and also located on the east side of the railroad tracks was assigned the designation of  Agricultural which remains the current classification and use. h) The Foundation had no plans to use this site as part of the planned industrial park in 1973 or in the future. Unanimously approved. Motion made by Commissioner Downey, seconded by Wade, that there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property based upon the following reasons: a) The subject property is physically separated from the rest of the Interstate Business Park by the Pennsylvania Railroad tracks. b) Access is from Kendle Road which has a local traffic functional classification. c) Traffic would be diverted approximately one to two miles from the NOVEMBER 24, 1998 PAGE FOUR main access of Governor Lane Boulevard to service the site. d) At an industrial site a main objective is to have direct access to an interstate roadway. As stated in the Industrial Development section of the Comprehensive Plan, one of the criteria to consider when  selecting a prime industrial site is Direct access to the interstate system over arterial highway routes and not requiring the movement of  heavy traffic through residential neighborhoods or commercial areas. e) Extension of public utilities to the subject property would be  difficult and costly because of the propertys location. f) The great majority of land located along the east side of the  railroad tracks also has an Agricultural zoning designation.  g) The subject 10.5 acres is located at a dead end of a local street making it more logical for uses permitted in the Agricultural District as opposed to those in the Planned Industrial District. Unanimously approved. Motion made by Commissioner Wade, seconded by Downey, based upon the previous motions, that the proposed rezoning from Planned Industrial (PI) to Agricultural (A) be granted. Motion carried with Commissioners Downey,  Wade, Shank, and Snook voting AYE and Commissioner Bowers voting NO.  ADDITIONAL ALLOCATION - COMMUNITY ACTION COUNCILS EMERGENCY SERVICES PROGRAM Motion made by Commissioner Downey, seconded by Bowers, to allocate $25,000 to Community Action Council for the Emergency Services Program and to designate that $2,000 be reserved for the ecumenical cold weather homeless shelter program with funds to be taken from increased revenue in interest income. Unanimously approved. ADJOURNMENT Motion made by Commissioner Downey, seconded by Bowers, to adjourn at 11:19 a.m. Unanimously approved. County Administrator County Attorney , Clerk