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HomeMy WebLinkAbout050726 July 26, 2005 Hagerstown, Maryland The Commissioners met at 12:00 noon for lunch and a tour of the Summer Day Camp programs at Marty Snook Park, which is operated by the Recreation Department. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 1:35 p.m. by President Gregory I. Snook with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps CONVENE IN CLOSED SESSION Motion made by Commissioner Nipps, seconded by Munson, to convene in closed session at 1:35 p.m. to discuss a personnel matter that affects one or more specific individuals, consult with counsel to obtain legal advice, and to consider the acquisition of real property for a public purpose and matters directly related thereto, 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 Nipps, seconded by Wivell, to reconvene in open session at 1:57 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel matters, consulted with counsel to obtain legal advice on one (1) matter, and considered the acquisition of real property for a public purpose and matters directly related thereto. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, Doris J. Nipps, and John C. Munson. Also present at various times were Rodney M. Shoop, County Administrator; John Martirano, County Attorney; Joni Bittner, County Clerk; Dave Hankinson, Director of Human Resources; and Debra Murray, Director of Budget & Finance. EMPLOY SENIOR ACCOUNTANT – BUDGET & FINANCE DEPARTMENT Motion made by Commissioner Munson, seconded by Nipps, to employ Brenda Lampard as Senior Accountant (Grade 14) in the Budget & Finance Department at a salary of $46,000. Motion carried with Commissioners Munson, Nipps, Kercheval, and Snook voting “AYE” and Commissioner Wivell “ABSTAINING.” REPEAL AND ENACTMENT OF VARIOUS BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL CODES Motion made by Commissioner Wivell, seconded by Munson, to repeal and enact the following codes and fee schedule: 1) Repeal 1997 International Plumbing Code, with local amendments and enact the 2003 International Plumbing Code, with local amendments; 2) Repeal 1996 BOCA National Building Code, with local amendments and enact the 2003 International Building Code, with local amendments; 3) Repeal 1996 International Mechanical Code, First Printing, with local amendments and enact the 2003 International Mechanical Code, First Printing, with local amendments; 4) Repeal 1995 First Printing of the CABO One- and Two-Family Dwelling Code, with local amendments, and enact the 2003 International Residential Code for One- and Two-Family Dwellings, Fourth Printing, with local amendments; 5) Repeal 2002 National Electrical Code, with local amendments, and enact the 2005 National Electrical Code, with local amendments; and 6) Repeal the current electrical fee schedule, and 7) Enact a new fee schedule incorporating all fees governing work performed under the above-referenced 2003 International Code and the 2005 National Electrical Code, to become effective on September 1, 2005 for submission of plans, and November 1, 2005 for field enforcement. Unanimously approved. STATE HIGHWAY ADMINISTRATION MEMORANDUM OF UNDERSTANDING – U.S. ROUTE 11 RELOCATION AT HAGERSTOWN REGIONAL AIRPORT Carolyn Motz, Airport Manager, and Steve Lucchesi and Mahesh Kukata, representing URS Engineers, met with the Commissioners to request approval of the Memorandum of Understanding (MOU) with the State Highway Administration for the relocation of US Route 11 at the Hagerstown JULY 26, 2005 PAGE TWO Regional Airport. Ms. Motz explained that the MOU would outline the details associated with moving and bridging US Route 11, which are needed for the Runway Improvement Program. She reviewed the document and stated that the County Attorney has approved it. Mr. Kukata reviewed the responsibilities of the State and County on the project and estimated costs. The meeting was then opened for questions from the Commissioners. Motion made by Commissioner Nipps, seconded by Kercheval, to approve the State Highway Administration Memorandum of Understanding for the US Route 11 relocation at the Hagerstown Regional Airport. Motion carried with Commissioners Nipps, Kercheval, Munson, and Snook voting “AYE” and Commissioner Wivell voting “NO.” RZ-05-001 – APPLICATION FOR REZONING (REMSBURG) Michael Thompson, Director of Planning & Community Development, reviewed the staff report and Planning Commission findings for rezoning case RZ-05-001, as submitted by James R. Remsburg, Sr., et al, to rezone .59 acres of land from A-Agricultural to BL – Business Local. Richard Douglas, County Attorney, stated that the Planning Commission recommended approval of the request. Commissioner Kercheval outlined the following reasons for supporting the request: 1) The Planning Commission recommended approval of the rezoning. 2) Water and sewer is available to the subject property. 3) The property is located within the Urban Growth Area boundary. 4) The applicant accurately defined the neighborhood as the corridor of U.S. Route 11 in the vicinity of Showalter Road and the surrounding areas approximately one-quarter mile in each direction. 5) The Applicant adequately proved that there has been a substantial change in the neighborhood based on the closure of Fairchild, comprehensive rezoning of the Highway Interchange districts, the lack of any rezonings from commercial to residential or agricultural use since the original zoning in 1973, rezoning of the land in the southwest quadrant of the intersection of Route 11 and Showalter Road from HI to HI-1, eliminating its development potential as residential land, relocation of the passenger terminal of the Hagerstown Regional Airport to Showalter Road, the predomination of commercial uses along Pennsylvania Avenue, and the indication from the Engineering Department that a northern bypass will connect with Pennsylvania Avenue to the north of the Applicants’ land in the future. 6) With the development of the surrounding properties, the expansion of the Airport, and the increasing traffic along Pennsylvania Avenue, the property would appear to lose its attractiveness for residential or agricultural uses. The Agricultural zoning classification no longer seems appropriate to the subject property, which comprises only .59 acres. It was the consensus of the Commissioners to grant the request. Mr. Douglas indicated that he would develop the findings of fact and articulation of reasons for the decision for the Commissioners in order to vote on the application at next week’s meeting. RZ-04-008 – H.B. MELLOTT ESTATE, INC. – REQUEST FOR REZONING The Commissioners reviewed rezoning application RZ-04-008 as submitted by H.B. Mellott. Commissioner Munson stated that, although he is in support of the request, he feels that it should be conditioned upon there being no access from the property other than onto Route 66, the hours of operation should be set with no Sunday hours, no extractive operations should be conducted within 100 feet of Mt. Aetna Road, and buffering should be provided to screen operations from residential areas. Commissioner Nipps outlined the following reasons for approval of the request: 1. The process of establishing an “IM” floating zone under the Washington County Zoning Ordinance is a two-step process. First, an applicant submits an application for the establishment of a floating zone, accompanied by a concept plan. The purpose of the concept plan, as articulated in Section 15.2 of the Ordinance, is to familiarize the Planning Commission and County Commissioners with JULY 26, 2005 PAGE THREE the proposed location of the mining activity, with a view to identifying potential adverse effects, including compatibility with structures on adjacent lots within 1,000 feet of the property line of the applicant, geologic formations in the area, proposed transportation routes, and the like. 2. If the application for the establishment of an “IM” zone is approved, the applicant must then proceed to the second step, the submission of a site plan, in which the applicant is required to provide screening and address visibility issues from adjacent residential, commercial and industrial structures, and from public roads in the vicinity. An applicant may address these visibility concerns in the site plan approval process by a combination of techniques, including modification of existing topography, vegetation and the use of berms and other barriers, and is not restricted in the manner by which such compatibility is achieved in the design, layout and arrangement of the proposed mining site. The mineral extraction operation is also subject to extensive state regulation, further ensuring compatibility in the course of mineral extraction and reclamation. A reclamation plan is required to be submitted in connection with the Applicant’s request for a surface mining permit. 3. Approval of a site plan pursuant to Article 15 also incorporates all of the performance standards in Section 15.5. One of the purposes of these standards is to ensure compatibility with surrounding properties. 4. The topography of the subject property is rolling to hilly, and is underlain with limestone mineral deposits that are near the surface. The proposed “IM” floating zone is requested for the purpose of expansion of an existing quarry located on the adjacent parcel, 5. Expansion of existing quarries is contemplated in our adopted Comprehensive Plan, and is preferable to the establishment of new pits in other areas, both in terms of economics and land use policy. 6. The Comprehensive Plan provides that: “Industrial Mineral districts should be protected from encroachment by land uses, which would be incompatible with their continued operation or with future expansion of activities in the district. Review of applications for new development in the vicinity of existing Industrial Mineral districts should include notification of potential impacts by the existing extractive operations and possible future expansions.” The Applicant’s operation predates the construction of most of the surrounding residential uses and would have been apparent to all new purchasers. 7. The Comprehensive Plan includes the subject property as one of eight Industrial Mining districts in the County, and one of three such districts where dolomite reserves exist. 8. Part of the inherent nature of a mineral extraction operation is that the mineral resource will be consumed over time and that the operation must expand on to other, preferably adjoining, property to continue its extraction activities. The likelihood of expansion would likely be apparent to those purchasing properties in the area. 9. The issue of compatibility must be viewed by the County Commissioners in the context of the land use policies established in the County’s adopted Comprehensive Plan. The case law provides that compatibility is not to be equated with sameness. The Planning Commission is charged with ensuring the level of compatibility contemplated in Article 15 of the Zoning Ordinance and in the Comprehensive Plan in site plan review. 10.The Applicant need not precisely articulate, at the time of its rezoning request, the particular measures to be undertaken to ensure visual compatibility of the site with its surroundings. Those matters are properly addressed in site plan review. The Board believes that the issues of visibility may be adequately addressed through screen planning, arrangement of the site, and the use of JULY 26, 2005 PAGE FOUR berms or other techniques contemplated in Article 15 of the Zoning Ordinance. Accordingly, we find the proposed rezoning of the Applicant’s site to be visually compatible for purposes of approval of the “IM” Industrial Mineral zoning classification. 11.The Applicant will be subject to continuing regulation by various agencies of the state of Maryland as well as County government through enforcement of the site plan that will be a requirement of this rezoning. These multiple levels of regulation should provide adequate protection for adjoining properties and ensures compatibility. 12. A hydrogeologist presented by the Applicant has presented convincing evidence that it is unlikely that surrounding properties will suffer a detriment to the existing groundwater as a result of its activities. In any event, state regulations and Article 15 of the Zoning Ordinance provide for the delineation of a zone of dewatering influence for the protection of surrounding properties as necessary. We find that the proposed use of the subject property for mineral extraction, as contemplated in the “IM” Industrial Mineral zoning regulations, is compatible. 13. The applicant has peacefully coexisted with the Beaver Creek Fish Hatchery for many years and there was insufficient evidence that that situation would change if the rezoning were to be granted. 14. One of the factors to be considered is the effect of the operation on County roads. The Applicant has indicated that there should be no increase in traffic. Neither the Chief Engineer for the County nor the State Highway Administration had concerns with respect to the application as access to the site would be from Maryland Route 66, there will be no access to the site from any County road, nor will there be any use of rural or residential streets. 15. State regulations govern blasting on the site, as well as those of the County, which are far more stringent, and the Board is convinced that the Applicant has and will continue to comply with those regulations with the result that surrounding properties will not be damaged. 16. Similarly, state regulations provide for monitoring of air quality. 17. The opposition argued that the Mount Aetna furnace was an archaeological site that would be jeopardized by granting the rezoning requested by the Applicant, but the Board finds insufficient evidence of this assertion. 18. The Board makes a similar finding as to the Mount Aetna cave. 19. In the final analysis, the Board concludes that the Applicant has met the requisite burden of persuasion on the issue of compatibility. No evidence of an absence of compatibility has been produced which would be sufficient to controvert the evidence and testimony of compatibility before us. She further outlined the following conditions, which should be met for approval of the rezoning, and deemed to be in the public interest: 1. Applicant shall not access the subject property from any County road. 2. The Applicant, unless otherwise determined by an existing study, shall provide evidence as to what effect the proposed use will have on the groundwater supply and quality of all adjoining properties including determination of a zone of dewatering influence. 3. The Applicant shall provide a contingency plan for well replacement whenever a public water supply surface intake, public water supply well or spring, or private water supply well or spring is within the zone of dewatering influence as designated by the State. JULY 26, 2005 PAGE FIVE 4. The Applicant shall provide a plan for reclamation of the site once mining has ceased. Unless otherwise required by the state of Maryland, the applicant shall post a bond in an amount to be set by the Planning Commission. 5. The Applicant shall provide County access to wells used to monitor effects, if any, of its extractive operation on the ground water. 6. Extractive operations shall be restricted to the hours of 6:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 7:00 p.m. Saturday. Motion made by Commissioner Nipps, seconded by Munson, to adopt the findings of fact and articulation of reasons as set forth in the report of the County Attorney as their decision in rezoning map amendment RZ-04-008, submitted by the H.B. Mellott Estate, Inc., with the six conditions previously outlined, and approved the proposed rezoning from Environmental Conservation to EC/IM – Environmental Conservation with Industrial Mineral floating zone. Commissioner Snook suggested that they also include the following as conditions on the approval: No extractive operations shall be conducted within 400 feet of Mount Aetna Road, no extractive operations shall be conducted within 100 feet of the property line on the east side of the subject property, blasting shall be conducted no closer than 500 feet from the nearest existing residential structure, the blacktop plant may be maintained in the existing location or another location that is no closer to existing residences than the present location, and the applicant shall hold an annual informational meeting with the Friends of Mount Aetna and Beaver Creek and other residents in the immediate area to provide updates as to the Applicant’s operations and answer questions from residents. Commissioners Nipps and Munson agreed to include the conditions as part of the motion. Motion carried with Commissioners Nipps, Munson, and Snook voting “AYE” and Commissioners Kercheval and Wivell voting “NO.” FORMAL ADOPTION OF COMPREHENZIVE ZONING AND COMPREHENSIVE PLAN MAPS AND TEXT AMENDMENTS TO THE ZONING ORDINANCE Motion made by Commissioner Kercheval, seconded by Nipps, to formally adopt the Ordinance Adopting the Comprehensive Zoning Map, the Resolution Adopting the Comprehensive Plan Map, and the Ordinance Adopting Text Amendments to Zoning Ordinance, to be effective as of the date of original approval on July 12, 2005, for the rural area rezoning. Motion carried with Commissioners Kercheval, Nipps, and Snook voting “AYE” and Commissioners Wivell and Munson voting “NO.” RECESS The Commissioners recessed at 3:12 p.m. EVENING SESSION – MAUGANSVILLE GOODWILL VOLUNTEER FIRE COMPANY The evening session was convened at 7:00 p.m. at the Maugansville Goodwill Volunteer Fire Company by President Gregory I. Snook with the following members present: Vice- President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. 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 – JULY 19, 2005 Motion made by Commissioner Wivell, seconded by Nipps, to approve the minutes of July 19, 2005, as amended. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval informed the Commissioners that he The Herald Mail participated in the on-line chat at . Commissioner Nipps stated that she attended Leadership Maryland last week. JULY 26, 2005 PAGE SIX Commissioner Snook provided an update on the Airport runway improvement project. He congratulated Lt. Van Evans and the Detention Center staff on meeting 100% of the minimum standards rating from the Department of Public Safety and Correctional Services during its inspection. Commissioner Snook reminded the Commissioners that a decision should be made in the near future regarding the request to provide funding to allow the Commission on Aging to relocate to the Aspire to Serve, Inc. facility. He provided information from a Frederick newspaper on affordable housing rentals in Frederick County. AUTHORIZATION TO FILL VACANCY Motion made by Commissioner Munson, seconded by Nipps, to authorize the request to fill the Permits Technician vacancy in the Permits & Inspections Department. Unanimously approved. REPORTS FROM COUNTY STAFF Norman Bassett, Disabilities Coordinator, informed the th Commissioners that today is the 15 anniversary of the Americans with Disabilities Act. He provided information and statistics on several issues dealing with the disabled. Capt. Doug Mullendore of the Washington County Sheriff’s Department informed the Commissioners that he was notified by State Highway Administration Officials that they would like to meet with local law enforcement officials regarding concerns about the flow of traffic and the effects of the proposed truck weigh station. REQUEST FOR FINANCIAL ASSISTANCE – MIKE CALLAS STADIUM John Williamson, Chair of the Mike Callas Stadium Committee, and Committee Member Bo Myers, appeared before the Commissioners to request that the County partner with the State of Maryland and City of Hagerstown, as well as community members, to help finance the construction of the Mike Callas Stadium at North Hagerstown High School in the fall of 2005. Mr. Williamson stated that the Committee has raised a total of $2.3 million to date and has committed to raise an additional $700,000. He informed the Commissioners that the cost for the stadium is estimated at $3.5 million, including an estimated $1 million in infrastructure costs. Phases II and III have been delayed until a later date. Mr. Williamson estimated that 74% of the capital costs would come from private sources. He requested that the Commissioners fund 14% of the capital cost or $500,000. Mr. Williamson reviewed estimates for the track and field. The Commissioners then heard from current and former North Hagerstown High School students Brian Williamson, Ben O’Kane, Brittany Churchey, Zach Jamison, Ashley Hill, and Jessica Hanlin, who spoke in support of the project. The meeting was then opened for questions from the Commissioners. Commissioner Snook thanked them for their presentation and stated that they would be discussing this topic at next week’s meeting. CITIZENS’ PARTICIPATION Daniel Moeller asked the Commissioners how many lots could be subdivided from his property now that the rural area zoning has been adopted. The Commissioners asked Mr. Moeller to contact the Director of Planning & Community Development. Mark Crilly presented a petition to keep the current band director at Springfield Middle School. Commissioner Nipps informed him that the decision is made by the elected Board of Education. ADJOURNMENT Motion made by Commissioner Munson, seconded by Nipps, to adjourn at 8:30 p.m. Unanimously approved. , County Administrator , County Attorney ___________________________, County Clerk