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HomeMy WebLinkAbout900501 May l, l990 Hagerstown, Maryland 2l740 The Regular Meeting of the Board of County Commissioners was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Linda C. Irvin and Commissioners R. Lee Downey, Richard E. Roulette, and John S. Shank. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full assemblage. INTRODUCTION OF NEW EMPLOYEE Edith Sweigert, Parks Administrator, introduced Clifton Barnhart, new Maintenance Man I for the Parks Department. PROCLAMATION - SOIL & WATER STEWARDSHIP WEEK Commissioner Shank presented a proclamation to John Herbst, Chairman of the Soil Conservation Service, designating April 29 - May 6, l990, as Soil and Water Stewardship Week and encouraging the citizens of Washington County to appreciate the value of these resources, recognize their importance to public welfare and to honor those who help to protect the resources. Tom Minnick, SCS employee, exhibited the winning posters from the recent contest in conjunction with Earth Day. He informed the Commissioners that these posters will now advance to the State competition. PROCLAMATION - B.P.O.E. YOUTH WEEK Commissioner Roulette presented a proclamation to Walter Miller, representing the local Elks Club, designating the week beginning May l, l990, as B.P.O.E. Youth Week in Washington County and urging all citizens to proceed wholeheartedly in its observation. Mr. Miller thanked the Commissioners for the proclamation and announced that the Elks Club will be holding a luncheon honoring outstanding students from area high schools. PROCLAMATION - MD JUDICIARY SAFETY AWARENESS DAY Sheriff Charles Mades presented a proclamation to the Commissioners from Governor William Donald Schaefer recognizing those people in the law enforcement community for their protection of Judge John Corderman after the recent bombing incident. Sheriff Mades asked that the proclamation be displayed in the Court House. REDUCTION OF WATER RATES - MAUGANSVILLE & FOUNTAIN HEAD Louise Fahrney, Chairperson, and Robert Holsinger, of the Sanitary Commission, appeared before the Commissioners to inform them that they will be holding a public hearing to reduce the rate structure from $89.30 to $6l.80 in Subdistrict l5 - Maugansville and also to reduce the Fountain Head subdistrict to the $6l.80 rate. Mr. Holsinger explained that the hearing will be held in June. Commissioner Roulette questioned the Sanitary Commission members present regarding the amount of the water and sewer allocation to the Towns of Sharpsburg and Keedysville. He explained that by not prioritizing where the allocations are to go, in effect it encourages development outside the designated growth areas. Lynn Palmer, Director of the Sanitary District, stated that it would take a change in the State law to allow them to prioritize areas for allocation within a subdistrict. The Commissioners asked that the Sanitary Commission members meet with the County Attorney to discuss the possibility of changing this law. SUBDIVISION STREET ACCEPTANCES Motion made by Commissioner Roulette, seconded by Shank, to approve the following subdivision street acceptances: Greenside Apartments II, to accept 258' of North Street Extended in Maugansville and to waive the bond; Fairplay Farms Subdivision, Section B, to accept l826' with a one-year bond of $9,l50; and Towne Oak Village Subdivision, Section D, Phase II, to accept all of Putter Drive with a 50' right- of-way with a two-year Maintenance Bond of $2,l00. Unanimously approved. At this time Commissioner Downey was excused from the Meeting. REQUEST - IMPROVEMENTS TO MILLER'S CHURCH ROAD Dick Keely appeared before the Commissioners as spokesperson for the residents living along Millers Church Road. Mr. Keeley noted that Jacobs Church is located on Millers Church Road only a two feet from the road on a 90 turn. He also spoke of the graffiti and vandalism to the church and the cemetery grounds, stating that only l0 gravestones of the original l65 at the cemetery are still standing. He estimated that he and his neighbors have called the police several MAY l, l990 MINUTES, CONT'D. hundred times in the past to try to deal with the problem. Mr. Keely requested that the Commissioners consider purchasing the church for demolition and to reroute Millers Church Road. He also informed the Commissioners that he is interested in purchasing the cemetery and would present the headstones to the Leitersburg Lutheran Church. Mr. Earl Stouffer, resident and member of the Leitersburg Lutheran Church Administrative Board, added that their Board has not approved this transaction at this time. The Commissioners authorized the County Attorney to proceed with the purchase of the church and to erect a marker in memory of the church after demolition. Motion made by Commissioner Shank, seconded by Irvin, to proceed with the purchase of Jacob's Church in order to reroute Millers Church Road due to safety factors, and to authorize the County Attorney to work with the Leitersburg Lutheran Church parishoners on the legal aspects regarding sale of the cemetery. Unanimously approved. HANCOCK GROWTH AREA STUDY Stephen Goodrich, Senior Planner, appeared before the Commissioners to present the Hancock Growth Area Study which was adopted by the Hancock Mayor and Council, Hancock Planning Commission, and the Washington County Planning Commission, for inclusion in the Comprehensive Plan. Ralph Donnelly, was in attendance to represent the Hancock Growth Area Study Committee. Mr. Goodrich explained that the Committee worked to establish existing conditions, set a tentative boundary, identify problems which might keep from encouraging growth in this area and work to discover solutions to solve these problems. The Committee identified 35 specific recommendations to solve these concerns and to address the needs to allow growth to occur in the future, such as water and sewer availability, discussions with State Highway Administration regarding traffic congestion, access to industrial land, etc. Motion made by Commissioner Shank, seconded by Roulette, to adopt the Hancock Town Growth Area Study as presented and to incorporate this into the Washington County Comprehensive Plan. Unanimously approved. VACANCY - COUNTY ENGINEER Motion made by Commissioner Roulette, seconded by Shank, to appoint Terry McGee, Assistant County Engineer, to the position of County Engineer in order to fill the vacancy created by the recent death of Glenn Dull, and to advertise for the position of Assistant County Engineer. Unanimously approved. BID OPENING - HOWELL ROAD IMPROVEMENTS The bids for improvements to Howell Road were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Fayetteville Contractors - $244,882, and Henson and Sons - $268,260. The bids will be reviewed by appropriate officials prior to a decision being rendered. (Decision rendered later in this Session.) At this time Commissioner Downey returned to the Meeting. REZONING CASES - RZ-439, 442 AND 443 RZ-439 Applicant: John R. Oliver Company, Inc., to rezone l acre +/- from Agriculture to Business Local, located on the east side of Route 60 approximately l.3 miles north of the Longmeadow Shopping Center. Definition of Neighborhood Motion made by Commissioner Roulette, seconded by Downey to accept the following definition of neighborhood as prepared by the County Attorney: The neighborhood to the above parcel was defined as beginning on the east side of Maryland Route 60 at its intersection with the Marsh Pike and Maryland Route 60 extending in a northeasterly direction to the intersection of Maryland Route 60 and Longmeadow Road and extending approximately 1/4 mile on either side of Maryland Route 60. Unanimously approved. MAY l, l990 MINUTES, CONT'D. Findings of Fact Motion made by Commissioner Roulette, seconded by Downey, and unanimously approved, to adopt the following Findings of Fact as submitted by the County Attorney: (a) The report and recommendations of the Planning and Zoning Commission. On April 18, 1990, the Washington County Planning Commission forwarded its Report and Recommendation to the Board of County Commissioners of Washington County. The Washington County Planning Commission voted on April 12, 1990 to recommend the rezoning of the property owned by John R. Oliver Company, Inc., which is the subject of this rezoning based on the Commission's opinion that there was a mistake in the original rezoning and that the zoning boundary should have followed the property lines when the property was originally zoned. (b) Population change in the area of the proposed change. The subject property is located in Election District 18. The population in the Chewsville Election District (Election District 18) has been increasing, and it is anticipated that the increase will continue but at a decreasing rate. The population in 1970 was 5,126, in 1980, 5,532, and the projection in 1990 is for a population of 5,748. (c) Availability of public facilities in the area. The property is classified as W-3 and S-5 indicating that public water may be available within the next five years. Public sewerage may be available to the property within the next five to ten years. The property is not located within a designated sewerage service district of either the City of Hagerstown Water Pollution Control or the Washington County Sanitary District. The closest existing sewer line is located approximately 1/2 of a mile to the west. The rezoning site is located within the response area of the Longmeadow Volunteer Fire Company and Community Rescue Service. There is no regularly scheduled service by the County Commuter in the vicinity of this property. (d) Present and future transportation patterns in the area. The subject property has no public road frontage, however, the parcel of which this property is part has approximately 400 feet front footage onto Maryland Route 60. The latest available daily traffic count for 1987 shows 8,150 vehicles per day at this location. According to the Highway Plan, Intermediate Arterial highways, such as Maryland Route 60, typically experience greater than 5,000 vehicles per day in a rural setting and greater than 20,000 vehicles per day in an urban setting. Intersection improvements have recently been made at two nearby locations, Route 60 and Eastern Boulevard, approximately one mile south of the subject property, and at the intersection of Maryland Route 60 and Longmeadow Road, approximately one mile north of the subject property. The Washington County Capital Improvements Program indicates funding for improvements to the intersection of Maryland Route 60 and Marsh Pike in FY 1990. (e) Compatibility with existing and proposed development in the area including indication of neighboring site identified by the Washington County Historic Sites Survey and subsequent revisions or updates. The subject property is currently zoned "A"- Agricultural, and is vacant. On two sides of the property the parcel is surrounded by properties zoned "BL" - Business Local, occupied by Snavely's Garden Center, Oliver's mini-warehouses, Tele-Plus Phone Systems and Myerly & Lowe Photographers. Land on the other two sides to the south and west is zoned "RS" - Residential Suburban, and is undeveloped. This property was recently rezoned at the request of the John R. Oliver Company, Inc. (RZ-419) from Agricultural with proposed plans for residential subdivision. It was this previous rezoning, RZ-419, which created the subject 1 acre parcel zoned "A" surrounded by "BL" and "RS" zoning. Directly across Maryland Route 60 is a large expanse of "RS" zoned land between Maryland Route 60 and Longmeadow Road. This is currently undeveloped farm land, however, concept plans recently submitted to Washington County call for a 48 lot residential subdivision on 58 acres. The existing "BL" zoning to the west extends along both sides of Maryland Route 60 passed its intersection with Longmeadow Road. This area is developed with a mix of business, many of which were in place prior to the comprehensive zoning in 1973. However, since 1973, substantial additional commercial growth has occurred in this area with the construction of Snavely's Garden Center, Oliver's mini-warehouses, Floors and More, Village Green Shopping Center, and expansion of Merchant Square MAY l, l990 MINUTES, CONT'D. along Longmeadow Road. Five historic sites listed on the Washington County Historic Sites Survey are located within 1/2 mile radius of the proposed rezoning: These are as follows: 1. WA-1-182 - 19th Century, Doresey-Palmer House (also listed under the Maryland Historical Trust #3059) 2. WA-1-235 - 19th Century, Eckstine-Shank Farm 3. WA-1-236 - 19th Century, Berwood Farm 4. WA-1-239 - 19th Century, Longmeadow Church of the Brethren 5. WA-1-242 - 19th Century, Shank Farm The existing A/BL zoning boundary currently splits the property of which the "A" zoned portion is the subject of this rezoning request. Due to the small size and location of the subject property, rezoning of this property to "BL" would not appear to be incompatible with the adjacent "RS" zoning. (f) The relationship of the proposed change to the Adopted Plan for the county, Development Analysis Plan Map and Policies. The Comprehensive Plan would encourage both types of development occurring in the existing or proposed zoning category. The rezoning site is located within the adopted Urban Growth Area boundary, and the purpose of the Growth Area is to identify an area around a core of existing public facilities and services that are able to support a variety of additional growth. County policy and regulations that apply to land use within the Urban Growth Area are intended to or may be modified to encourage additional growth and development. The rezoning of the subject property is consistent with the Development Analysis Plan Map and Policies reflected in the adopted plan for Washington County. Whether there has been a substantial change in the character of the neighborhood where the property is located. Motion made by Commissioner Roulette, seconded by Irvin, to adopt the Finding of Fact that there has been a substantial change in the character of the neighborhood based on the rezonings that have occurred and that there also was a mistake in the application of the previous rezoning that this particular parcel was overlooked and should have been included in the rezoning of previous properties in that area. Unanimously approved. Whether there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property. Motion made by Commissioner Roulette, seconded by Shank, based on the Fact that the property is completely surrounded by other zoning classifications, it is compatible with the subject property surrounding it. Unanimously approved. REZONING CASE RZ-439 - DECISION Motion made by Commissioner Roulette, seconded by Irvin, to APPROVE RZ-439 based upon the testimony given at public hearing, the findings of fact adopted by the Board of County Commissioners, the definition of neighborhood, taking into consideration the recommendation of the Planning Commission, and the change in the character of the neighborhood and mistake in the original zoning. Unanimously approved. Rezoning Case RZ-442 Applicant: Hub Labels, to rezone 3.86 acres, located on the south side of Maryland Route 64 west of Cavetown, from Business Transitional to Business Local. Definition of Neighborhood Motion made by Commissioner Roulette, seconded by Shank, to adopt the following definition of neighborhood as submitted by the County Attorney: The neighborhood is defined on the map introduced into evidence at the hearing on this case by the applicant with the neighborhood shown in a heavy back line. Findings of Fact Motion made by Commissioner Roulette, seconded by Irvin, and unanimously approved, to adopt the following Findings of Fact for Rezoning Case RZ-442, in accordance with Section 27.3 of the Zoning Ordinance: (a) The report and recommendations of the Planning and Zoning Commission. On April 18, 1990, the Washington County Planning Commission in RZ-442 indicated that the Commission voted on April 12, 1990 to recommend the DENIAL of the rezoning of property owned by Hub Labels, Inc. The recommendation was based on the Commission's opinion that the applicant did not prove that a "change in the character of the neighborhood" or a "mistake in the original rezoning" had occurred. MAY l, l990 MINUTES, CONT'D. (b) Population change in the area of the proposed change. The subject site is located in Election District 7. In 1950, the population was 2,206, in 1960, it was 2,445, in 1970, it was 3,454, in 1980, it was 4,413, and the projected population in 1990 is 4,585. There was 100% increase in population between 1950 and 1980. In the Town of Smithsburg, which is close by, there was a 30% increase in population from 1950 to 1980. (c) Availability of public facilities in the area. Three service priority designations in the current Washington County Water and Sewerage Plan, as revised, service this property: W-1, W-3, and S-5. The front, "BL" zone is classified W-1 indicating water service is existing or available. The rear "BT" district is classified W-3 which means service can be expected within a five year period. The City of Hagerstown has indicated that it will supply, however, public water service to this area and the Town of Smithsburg has approved the hookup of sewer service to this particular piece of land, notwithstanding the S-5 designation on the entire parcel which indicates that sewer service would not be expected for another five to ten years. All water and sewer hookups would be at the expense of the developer. The Smithsburg Volunteer Fire Department and the Smithsburg Emergency Medical Service provide emergency services to the area. The site is adjacent to the Hagerstown-Jefferson Heights-Smithsburg commuter route serviced by the County Commuter, and service occurs seven times per day during the week and four times per day on Saturday. The parcel is within the school district of Smithsburg Elementary, Middle and High School, all of which have capacity in excess of enrollment. The subject parcel is not expected to add any enrollment to the school system. (d) Present and future transportation patterns in the area. The Washington County Highway Plan classifies Maryland Route 64 which fronts the portion of the parcel which is not the subject of this rezoning request, as a minor arterial highway. The typical traffic would range from 2,000 ADT in a rural setting to as much as 25,000 ADT in an urban area. Subdivision of the site would cause the application of a 500 foot minimum distance requirement between any access into the site and other existing points along the highway. There is currently no access constructed. The State Highway Administration would be the permitting authority for any access to Maryland Route 64. The average daily traffic count has increased from 6,200 per day to 8,225 per day over the time period 1976 to 1988. It is an increase of 2,025 vehicles per day or a 33% increase in twelve years. (e) Compatability with existing and proposed development in the area including indication of neighboring site identified in the Washington County Historic Sites Survey and subsequent revisions or updates. The Cavetown area reveals a mixture of residential and minor commercial activities. There are substantial commercial activities and sites within a 3/4 mile radius of the subject property. There is also substantial residential development in this area, most of which is located in the "RR" zone to the south of this property. Adjacent properties to the east, south and west are zoned Rural Residential. A Business Local zone is contiguous to the north. Development of the contiguous properties is Residential. There are also some vacant properties. The current "BT" zone is by design to provide for low intensity commercial uses as a transition between residential and non-residential zoning districts. It includes a select group of commercial activities that have been judged to have a low impact in terms of traffic, noise or other adverse conditions on residential properties. Increased side and rear yard setbacks are required where there is existing residential development on adjacent properties as there is in this case. The request "BL" zone for this site would permit a much larger variety of local retail and service shops, and has the same setback requirements as the "BT" zone. There are three sites listed in the Washington County Historic Sites Survey in the vicinity of the subject rezoning request: Village of Cavetown, Eccard brick farmhouse, and the Cline log and stone cabins. (f) The relationship of the proposed change to the Adopted Plan for the county, Development Analysis Plan Map and Policies. The proposed rezoning is compatible both with the Comprehensive Plan of Washington County and the Smithsburg Town Growth Area Study Committee Report and Boundary adopted July 22, 1986. The subject site is within the boundary of the Smithsburg Town Growth Area, and the policies of the Comprehensive Plan encourage growth within these boundaries. The Plan recommends changes, where needed, in development policies and regulations including rezoning cases. This property is clearly eligible for consideration. MAY l, l990 MINUTES, CONT'D. Whether there has been a substantial change in the character of the neighborhood where the property is located. Motion made by Commissioner Roulette, seconded by Irvin, that although the Commissioners recognize a substantial change in the character of the neighborhood since zoning in 1973, they do not recognize a substantial change since the 1988 rezoning. Unanimously approved. Whether there was a mistake in the existing zoning classification. Motion made by Commissioner Roulette, seconded by Downey, to accept that there was a mistake in the application of Business Local on this particular piece of property and at that time it should have been (Business Transitional) Business Local which was consistent with existing "BL" zoning. Unanimously approved. 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 Roulette, seconded by Shank, that, based on the adjacent properties that are "BL", there has been a convincing demonstration that the rezoning would be appropriate and logical for the subject property. Unanimously approved. DECISION - REZONING CASE RZ-442 Motion made by Commissioner Roulette, seconded by Downey, to APPROVE Rezoning Case RZ-442 that, based upon the testimony given at public hearing, the findings of fact adopted by the Board of County Commissioners, the definition of neighborhood, taking into consideration the recommendation of the Planning Commission and the fact that there has been a mistake in the rezoning to Business Transitional. Unanimously approved. REZONING CASE RZ-443 Applicant: George M. Bushey & Sons, to rezone 8.044 acres of 6 parcels located on the west side of MD Route 66, l000' to l800' north of MD Route 64 in the Village of Cavetown, from Rural Residential to Industrial General. Definition of Neighborhood Motion made by Commissioner Roulette, seconded by Shank, to adopt the following definition of neighborhood as proposed by the County Attorney: The neighborhood is defined, because the applicable parcel is such a integral part of the Cavetown Planing Mill, which in turn dominates the Village of Cavetown, as consisting of the entire Village of Cavetown. The eight acres which are the subject of this rezoning are located in the unincorporated Village of Cavetown. Unanimously approved. Findings of Fact Motion made by Commissioner Roulette, seconded by Shank, and unanimously approved, to adopt the following Findings of Fact in accordance with Section 27.3 of the Zoning Ordinance of Washington County: (a) The report and recommendations of the Planning and Zoning Commission. On April 18, 1990, the Washington County Planning Commission forwarded its Report and Recommendation to the Board of County Commissioners of Washington County. The Washington County Planning Commission voted on April 12, 1990 to recommend DENIAL of the rezoning of the property owned by George M. Bushey and Sons, Inc. The recommendation was based on the Commission's opinion that the applicant did not prove that a "mistake in the original zoning" had occurred. (b) Population change in the area of the proposed change. The subject site is located in Election District 7. Election District 7 has experienced a substantial amount of growth since 1950. In 1950, the population was 2,206, in 1960, it was 2,445, in 1970, it was 3,454, and in 1980, it was 4,413. The projected and anticipated population for 1990 is 4,585. Between 1950 and 1980 the population doubled in size. Likewise, in the immediate vicinity of the subject proposed rezoning is the Town of Smithsburg. The population increased 30% from 1950 to 1980 in Smithsburg. In 1950, the original population was 641, and it is anticipated that the 1990 population in this subject area will be 916. (c) Availability of public facilities in the area. The Washington County Water and Sewerage Plan, revised in 1989, indicates that W-1 water service priority classification for the parcels in this case fronting on Maryland Route 66. The W-3 classification is applicable to surrounding properties not fronting on the highway. The W-1 water service priority classification indicates that water service is existing or available. This has been confirmed by MAY l, l990 MINUTES, CONT'D. the Hagerstown Water Department. The W-3 category indicates a five year time frame within which public water service may be expected. Public sewer service has a five to ten year priority classification indicated by the S-5 designation in the Water and Sewerage Plan. Neither water nor sewer service is available from Town facilities. Fire and emergency medical services are available from the volunteer forces in the Town of Smithsburg. The subject property is within the school district boundaries for Smithsburg Elementary, Middle and High School, and enrollment is less than capacity in all three schools. The subject rezoning case will not affect school enrollment. (d) Present and future transportation patterns in the area. Properties that are the subject of this rezoning case lie to the east and west sides of Maryland Route 66. The road is classified as a local road by the Washington County Highway Plan. It is, however, under State Highway Administration jurisdiction. There are numerous points of access, commercial and residential, along this portion of the highway. Average daily traffic counts for this road have been fairly stable over the nine year period and have increased, north of Cavetown, 4.68% on a daily basis, and south of Cavetown, have increased 11.6% on a daily basis. (e) Compatability with existing and proposed development in the area including indication of neighboring site identified in the Washington County Historic Sites Survey and subsequent revisions or updates. At the present time, Cavetown is a mixture of residential, small commercial, and apparently this sole industrial use. Cavetown Planing Mill dominates the visual landscape along this section of Maryland Route 66 and the Mill and its related buildings, as well as the majority of the residential development, which is the subject of this rezoning, have occupied the Village of Cavetown long before zoning was implemented in 1973. This mixture of uses appear to peacefully coexist. The existing and proposed development in the area is consistent and compatible with the proposed rezoning. The Village of Cavetown is listed in the Washington County Historic Sites Survey and is described as a typical rural village which serves the surrounding rural area. (f) The relationship of the proposed change to the Adopted Plan for the county, Development Analysis Plan Map and Policies. The 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. The subject site is included within that Growth Area boundary. The Smithsburg Growth Area Committee Report contains Growth Area policies applicable to this case indicating the need to develop method, policy or statement of intention to provide additional commercial and industrial zoned lands in appropriate locations within the Growth Area either through case by case review or a comprehensive rezoning of the Town Growth Area. Whether there has been a substantial change in the character of the neighborhood where the property is located. No. Motion made by Commissioner Roulette, seconded by Irvin, that there was no argument in place in regard to a substantial change in the character of the neighborhood and the Commissioners do not support the contention that there was a substantial change in the character of the neighborhood. Unanimously approved. Whether there was a mistake in the existing zoning classification. Yes. Motion made by Commissioner Roulette, seconded by Shank, that based upon the fact that this property has always been owned by Bushey and Sons as a part of all the other holdings that had the "IG" zoning applied and at that time in 1973 when application was made there was a good case made that, although there were houses on the existing land owned by Bushey at that time, it was in fact part of the residences owned by the corporation and used by corporation employees. Unanimously approved. 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 Roulette, seconded by Irvin, based upon the surrounding zonings of "IG", and also Industrial Restrictive, that the proposed rezoning would be appropriate and logical and consistent with land uses in the area. Unanimously approved. MAY l, l990 MINUTES, CONT'D. DECISION - REZONING CASE RZ-443 Motion made by Commissioner Roulette, seconded by Shank, to APPROVE Rezoning Case RZ-443 based upon the testimony given at public hearing, the Findings of Fact adopted by the Board of County Commissioners, the definition of neighborhood, taking into consideration the recommendation of the Planning Commission and the fact that there was a mistake in the original zoning. Unanimously approved. APROVAL OF MINUTES - APRIL l0 & l7, l990 Motion made by Commissioner Irvin, seconded by Roulette, to approve the minutes of April l0, l990, as amended. Unanimously approved. Motion made by Commissioner Irvin, seconded by Shank, to approve the minutes of April l7, l990, as amended. Unanimously approved. INTENTION TO CONVEY LAND Motion made by Commissioner Downey, seconded by Irvin, to proceed with the conveyance of property along Kaetzel Road to Joseph Hewitt and and to convey land at Pen Mar Park, as described in Liber 594, folio 280 in the Land Records of Washington County, to the following individuals for the amounts listed representing the prorata share for surveying and reimbursement to Program Open Space: Charles & Betty Trite - $l,638.98, David Oden - $l53.65, Charles Fox - $l0l.0l, Esther Orlando - $488.35 and Betty Wade - $l80.03. Unanimously approved. TAX CREDIT ORDINANCE FOR IMPROVEMENTS TO SPECIFIED HISTORIC STRUCTURES Barry Teach, County Administrator, informed the Commissioners that one letter had been received in regard to the proposed Tax Credit Ordinance for Improvements to Specified Historic Structures requesting that the provisions extend to any property that has a historic zone attached. This would make the Ordinance applicable to areas within municipalities. Commissioner Irvin commented that if this Ordinance were to apply to historic zones within County municipalities, they must be at least as restrictive as those designated by County standards. Motion made by Commissioner Irvin, seconded by Shank, to amend the proposed Tax Credit Ordinance for Improvements to Specified Historic Structures to include language allowing these tax credits to apply within corporate boundaries if the historic zoning applied is compatible to the County's "HP" - Historic Preservation zoning designation and its standards. Unanimously approved. Motion made by Commissioner Irvin, seconded by Shank, to adopt the Tax Credit Ordinance for Improvements to Specified Historic Structures in Washington County as amended. (Copy of the adopted Ordinance attached.) Motion carried with Commissioners Bowers, Irvin, Downey, and Shank voting "AYE" and Commissioner Roulette "ABSTAINING". LEASE - LANDIS ROAD PROPERTY Motion made by Commissioner Shank, seconded by Roulette, to lease l5 acres of land located on the south side of Landis Road to Scott Robinson for agricultural purposes for the price of $l0 per acre for one year, with the condition that the Lessee is responsible for all weed control. Unanimously approved. INSTALLATION OF STREET LIGHTING AT INTERSECTIONS Motion made by Commissioner Roulette, seconded by Irvin, to accept the recommendation of the Transportation Advisory Committee and install street lights at the intersections of York and Marbern Roads and Hebb Road and Beaver Creek Pike based on safety considerations. Motion carried with Commissioners Bowers, Irvin, Roulette and Shank voting "AYE" and Commissioner Downey voting "NO". CHANGE ORDER #l0 - COUNTY COMMUTER Motion made by Commissioner Roulette, seconded by Irvin, to approve Change Order #l0 to upgrade the service bay lighting fixtures from fluorescent to HID for $2,900. Unanimously approved. REPAIR OF PUMP - ARC BUILDING Motion made by Commissioner Roulete, seconded by Irvin, to pay for repair of the pump at the building in Chewsville which is owned by the County but leased by the Association for Retarded Citizens in Chewsville, in the amount of $l,948.53. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Shank, seconded by Downey, to convene in Executive Session at l2:l5 p.m. in regard to personnel, property and to confer with the County Attorney, in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. The Commissioners recessed for lunch from l2:30 to l2:45 p.m. MAY l, l990 MINUTES, CONT'D. RECONVENE IN REGULAR SESSION Motion made by Commissioner Shank, seconded by Downey, to reconvene in Regular Session at l:30 p.m. Unanimously approved. JOINT PUBLIC HEARING - WATER/SEWER AMENDMENT APPLICATION WS-90-4 The President convened the joint public hearing at l:30 p.m. with the Planning Commission in order to hear Water and Sewer Amendment application WS-90-4, as submitted by George and Lester Mason. Planning Commission members present were: Chairman Donald Zombro, along with Donald Spickler, Bernard Moser, Carol Johnson and Bertrand Iseminger. Timothy Lung, Associate Planner, presented the Staff Report and indicated that there is a right-of-way problem with this application. Mr. Zombro stated that, on the advice of the County Attorney, the hearing will be postponed until this can be researched and a determination made resolving the right-of-way problem. Mr. Zombro stated that the testimony will be retained and the hearing will be reconvened at a later date. The meeting was reconvened in Regular Session at 2:00 p.m. BID AWARD - HOWELL ROAD Motion made by Commissioner Irvin, seconded by Roulette, to award the bid for improvements to Howell Road to Fayetteville Contractors, who submitted the low bid of $244,882. Unanimously approved. EMPLOY TOURISM COORDINATOR Motion made by Commissioner Roulette, seconded by Irvin, to employ Connie New as Tourism Coordinator at the Visitors & Convention Center. Unanimously approved. BUDGET REVIEW James Young, Director of Finance, met with the Commissioners to review departmental budgets which had been previously evaluated by both Mr. Young and Barry Teach, Administrator. The Commissioners requested that Mr. Young return to the meeting next week to present the changes proposed to insure a balanced budget. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Irvin, seconded by Roulette, to convene in Executive Session at 2:55 p.m. in regard to personnel matters in accordance with Section l0.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. At this time Commissioner Downey was excused from the Meeting. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Irvin, to reconvene in Regular Session at 4:l5 p.m. Unanimously approved. PHOTOGRAPHIC MAPPING SERVICE Motion made by Commissioner Irvin, seconded by Shank, to accept the low proposal, submitted by Greenhorne & O'Mara, for photographic mapping service in the amount of $6,69l. Unanimously approved. ADJOURNMENT Motion made by Commissioner Irvin, seconded by Shank, to adjourn at 4:30 p.m. Unanimously approved. County Attorney , Clerk