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HomeMy WebLinkAbout910521 May 21, 1991 Hagerstown, MD 21740 The Regular Meeting of the Board of County Commissioners was called to order at 9:00 a.m. by the President, Richard E. Roulette, with the following members present: Vice President Ronald L. Bowers and Commissioners Linda C. Irvin-Craig, John S. Shank and Gregory I. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Gary Rohrer, Chief, Planning and Codes Administration, followed by the Pledge of Allegiance to the flag by the full assemblage, led by Ronald L. Bowers. PUBLIC HEARING - METROPOLITAN PLANNING ORGANIZATION (MPO) The President convened the advertised public hearing at 9:05 a.m. sitting as the Metropolitan Planning Organization (MPO) to consider an amendment to the FY 1991-93 Transportation Improvement Program requested by the Maryland Office of Transportation Planning. James Brittian, Planning Director, presented the requests by the State. The first project, US 11 and Clifton Drive in Williamsport involves geometric improvements to that intersection to accommodate school bus turning movements. The second project will provide for structural repairs to the US 11 bridge over the Potomac River and Western Maryland Railroad and the third project provides for the resurfacing of sections of I-81, between West Virginia and Hagerstown. No one was in attendance to comment regarding this request for federal funding for these projects. Motion made by Commissioner Bowers, seconded by Shank, to authorize submission of these amendments and also remove the condition attached to the requested amendment allowing Penn DOT to include the I-81 Welcome Center in Franklin County, PA., to their program dated 2/6/91. The condition being confirmation that the Pennsylvania Department of Transportation has given authorization for Maryland's State Highway Administration to install a traffic signal at the Citicorp Drive/State Line Road intersection. Unanimously approved. BOARD/COMMISSION REPORTS Commissioner Irvin-Craig reported on the Historic District Commission, and the Alcohol and Drug Abuse Advisory Council, Commissioner Bowers reported on the Health Department Advisory Board and the Planning Commission, and Commissioner Snook reported on the Airport Commission and the Fire and Rescue Advisory Board. Motion was made by Irvin-Craig, seconded by Shank, to have Barry Teach, County Administrator address a letter to the Maryland Historic Trust supporting application for a feasibility study for repair of Prices Mill Bridge. Unanimously approved. APPROVAL OF MINUTES - MAY 7, 1991 Motion made by Commissioner Bowers, seconded by Shank to approve the minutes of May 7, 1991, as corrected. Unanimously approved. OUTBUILDINGS - REGIONAL PARK Motion made by Commissioner Bowers, seconded by Shank to approve $7,000 from the Capital Contingency Fund to repair two existing outbuildings at Washington County Regional Park. Unanimously approved. FUEL FLOW FEES POLICY Motion made by Commissioner Shank, seconded by Irvin-Craig, to adopt a new Fuel Flow Fees Reporting Procedure. Unanimously approved. NEW FUEL FLOW FEE POLICY The fuel flow fee is due and payable by the 10th of each month, based upon the aviation fuel, both AV gas and jet, put into the tanks during the previous month. The fee is $.04 per gallon. Payment of the fee is to be accompanied by a copy of the distributor's invoice for each delivery. YOUTHS OF THE MONTH AWARDS Commissioner Snook presented a Certificate of Merit to Naki Claybon as the January 1991, recipient of the Youth of the Month Award, as recommended by the Children's Council. Commissioner Snook listed Naki's achievements and activities in her church and school. Commissioner Irvin-Craig presented a Certificate of Merit to Julie Frazee as the February 1991, recipient of the Youth of the Month Award, as recommended by the Children's Council. Commissioner Irvin-Craig commented on Julie's many accomplishments in the community. Commissioner Bowers presented a Certificate of Merit to Jessica Kelly as the April 1991, recipient of the Youth of the Month Award, as recommended by the Children's Council. Commissioner Bowers read her certificate which honored her for being a superior role model for youth. Naki, Julie and Jessica thanked the Commissioners and introduced their parents to the congregation. MINUTES, CONT'D MAY 21, 1991 PROPOSED LEASE - INTERFLIGHT Ralph France, County Attorney informed the Commissioners of a proposed Lease with Interflight for the same property formerly leased with Chatauqua, Hagerstown to Dulles, to continue until the new Airport Terminal is open. Motion made by Commissioner Bowers, seconded by Snook to table the proposed lease to Interflight after some research by Mr. France, who will report back to the Commissioners next week. CONTRACT - CONRAIL Motion made by Commissioner Bowers, seconded by Snook to approve the contract, presented by the County Attorney, with Conrail for repairs to Sterling Road Railroad Crossing with the County's participation not to exceed $56,100. HISTORIC SITE SURVEY Motion made by Commissioner Irvin-Craig, seconded by Snook to adopt the proposed criteria to set priorities for properties on the Historic Site Survey This system will enable users of the survey to have an at-a-glance evaluation of the property in addition to the narrative on the survey form. Unanimously approved. SAVE HISTORIC ANTIETAM FOUNDATION INC.(SHAF) Thomas C. Clemens, President of SHAF, appeared before the Commissioners to show support for the proposed general management plan for Antietam National Battlefield. Any decision regarding a long-term management plan for Antietam rests with the Park Service, which will hold a public hearing on the matter May 30, at Boonsboro High School. AWARD - MD YOU ARE BEAUTIFUL SENIOR CITIZENS WRITING CONTEST Paulette Sprinkle, Community Coordinator, presented an award to Clyde H. Roberts grand winner of the Fourth Annual Maryland You Are Beautiful Senior Citizen Writing Contest. Mr. Roberts, who is a nationally known artist, wrote an outstanding essay on the theme, "Maryland: Through My Eyes." Mr. Roberts will also represent the County at the Governor's reception and ceremony on June 5 at St. John's College, in Annapolis. BID OPENING - LEITERSBURG, SMITHSBURG ROAD The bids for road improvements to Leitersburg, Smithsburg Road were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Gen Star - $536,252.25; D. L. George & Son - $467,749.75; C. Wm. Hetzer Inc. - $493,582.00; Craig Blacktop & Paving, - $469,484.75; Wolfe Bros. Inc. - $351,653.30; Richard F. Kline Inc. - $497,010.10; P. & W. Excavating Inc. - $598,130.00. All bids will be reviewed by appropriate officials prior to a decision being rendered. REZONING MAP AMENDMENT - RZ - 91-1 The applicant is Mansoor E. Shaool who wishes to rezone .4 acres from A - Agricultural to A-PUD - Agricultural, Planned Unit Development for property located Southeast of Robinwood Drive, near Sunrise Boulevard (extended). Findings of Fact Motion made by Commissioner Snook, seconded by Irvin-Craig and unanimously approved, to adopt the following Findings of Fact in accordance with Section 27.3 Zoning Ordinance of Washington County, Maryland. (a) The Washington County Planning Commission Report and Recommendation in the above case dated April 30, 1991 was received, and the Washington County Planning Commission voted on April 23, 1991 to recommend approval of the rezoning of property owned by Mansoor E. Shaool. (b) The proposed Agriculture-PUD met the intended purpose of a "PUD" - Planned Unit Development as outlined in the Zoning Ordinance. (c) The proposed Agriculture-PUD was within the designated Urban Growth Area and conformed with applicable policies of the Comprehensive Plan. (d) The Concept Plan of the PUD was determined to propose land uses compatible with neighboring properties. MINUTES CONT'D MAY 21, 1991 (e) The .4 acres comprising this PUD is to become part of an existing approved PUD and utilized for buffering purposes associated with a revised Concept Plan conditionally approved by the Commission. Since the existing PUD under the "old" or revised Concept Plan will not alter the development density, no affect on community infrastructure is anticipated. (f) Population change in the area of the proposed change. The population of Election District 18, where the proposed PUD is located, increased from 1960 to 1990 from 3,931 individuals to 5,936 individuals. The greatest increase was between 1960 and 1970 when the population increased from 3,931 to 5,26. The population is increasing approximately 7% per decade in this Election District. (g) Availability of public facilities in the area. The subject site is classified as W-3 and S-3 in accordance with the adopted Water and Sewerage Plan for Washington County, indicating that this area can expect to be served by public water and sewer within five (5) years. The site is adjacent to service areas of the City of Hagerstown Water Department and the City of Hagerstown Water Pollution Control. The closest existing water and sewer lines are located approximately 600 feet west of this site. Service is available to this site at this time. The property is located in the service areas of Funkstown Volunteer Fire Department Company 10, located approximately 3 miles to the southwest. Emergency medical service is provided by Community Rescue Service, Company 75, located in Hagerstown, approximately 4 miles to the west. The County Commuter bus service currently services this area from Monday through Saturday. The schools serving this area include Pangborn Elementary School, E. Russell Hicks Middle and South Hagerstown High School. Pangborn Elementary School is above capacity at this time, and both E. Russell Hicks Middle School and South Hagerstown High School are below capacity. The Washington County Board of Education is planning to construct in the immediate future a new elementary school to be located on Mt. Aetna Road near Route #40, and it is anticipated that that new elementary school will affect the elementary school districting in this area. (h) Present and future transportation patterns in the area. The property PUD will have access onto Sunrise Boulevard, a county road classified as a local road. Sunrise Boulevard intersections with Robinwood Drive approximately .1 north of the Hagerstown Junior College intersection. Robinwood Drive is classified as a Major Collector highway by the Washington County Highway Plan. In 1990, the average daily traffic count for Robinwood Drive was approximately 8,738 vehicles at the intersection with Hagerstown Junior College. The traffic study conducted in 1990 found that Robinwood Drive can operate at an acceptable level of service projected volume of traffic generated by the development in that area which has already received approval for construction. Robinwood Drive is projected, however, to operate at an unsatisfactory level of service taking into consideration all of the approved concept plans for development in this area. Recommendations have been made for the improvement of Robinwood Drive to handle the additional traffic expected by planned developments in the area. The County Engineer does not object or take exception to the proposed rezoning. The proposed development is consistent with the preliminary consultation previously attended by his office. (i) 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 property is currently zoned Agricultural and is surrounded on three sides by an existing Youngstoun PUD. Existing Youngstoun Phases I and II Apartments as well as Stonecroft Apartments are located approximately 1,000 feet to the west. A church is proposed at the corner of Sunrise Boulevard and Robinwood Drive. To the west of the subject site a concept plan has been approved for apartments. To the north and the east, a concept plan has been approved for a PUD development called Woodbridge which includes a mix of single-family and townhouse dwellings along with a small portion of commercial area. All of the above referenced projects were part of the original Youngstoun PUD. To the south of the subject site is a proposed single-family residential development called Black Rock Estates on properties zoned Agricultural. There are four Nineteenth Century houses or log houses within a .5 mile radius of the proposed rezoning and are outlined in the report from the Washington County Planning Commission. The proposed PUD does not appear to be incompatible with any existing or planned development in the area. MINUTES CONT'D May 21, 1991 (j) The relationship of the proposed change to the Adopted Plan for the county, Development Analysis Plan Map and Policies. The intent of the PUD article of the Zoning Ordinance is to allow more creativity and flexibility in site design and to allow for a mix of housing types and land uses. The proposed rezoning is located within the designated Urban Growth Area for Hagerstown/Washington County. The Urban Growth Area concept is part of the adopted Comprehensive Plan for Washington County, and policies concerning this concept are specifically outlined in the Plan. The proposed rezoning change to PUD is consistent with the Comprehensive Plan of the County, the Development Analysis Plan Map, and County Policies. (k) Definition of neighborhood. The immediate neighborhood for the purposes of this rezoning extends north along Sunrise Boulevard to the southern edge of Robinwood Drive, includes the adjacent properties, extends one-quarter of a mile to the west, east and south of said property. Motion made by Commissioner Irvin-Craig, seconded by Bowers, that based on the testimony given, and evidence received, to adopt the Findings of Fact as presented Note: Sunrise Boulevard is now known as Kingscrest Avenue. Unanimously approved. Rezoning Case RZ -91-1 Motion made by Commissioner Bowers, seconded by Irvin-Craig, to APPROVE Rezoning Case RZ-91-1 as presented based on the fact that there was a convincing demonstration that the rezoning is appropriate and logical, taking into consideration the recommendation of the Planning Commission, and the evidence and adopted findings of fact. RZONING MAP AMENDMENT - RZ 91-2 The applicant is Mansoor E. Shaool who wishes to rezone 4.2 acres from A- Agricultural to A-PUD-Agricultural, Planned Unit Development for property located Southeast of Robinwood Drive, Sunrise Boulevard (extended). Findings of Fact Motion made by Commissioner Snook, seconded by Shank and unanimously approved, to adopt the following Findings of Fact in accordance with Section 27.3 Rezoning Ordinance of Washington County, Maryland. (a) The Washington County Planning Commission Report and Recommendation in the above case dated April 30, 1991 was received, and the Washington County Planning Commission voted on April 23, 1991 to recommend approval of the rezoning of property owned by Mansoor E. Shaool. (b) The proposed Agriculture-PUD met the intended purpose of a "PUD" - Planned Unit Development as outlined in the Zoning Ordinance. (c) The proposed Agriculture-PUD was within the designated Urban Growth Area and conformed with applicable policies of the Comprehensive Plan. (d) The Concept Plan of the PUD was determined to propose land uses compatible with neighboring properties. (e) The community infrastructure, either planned for the near future or currently existing, was considered to be adequate. The Washington County Planning Commission also made the finding of fact that the issue of infrastructure can, if necessary, be addressed in the "PUD" Development Plan approval process and by the Adequate Public Facilities Ordinance. MINUTES CONT'D MAY 21, 1991 (f) Population change in the area of the proposed change. The population of Election District 18, where the proposed PUD is located, increased from 1960 to 1990 from 3,931 individuals to 5,936 individuals. The greatest increase was between 1960 and 1970 when the population increased from 3,931 to 5,26. The population is increasing approximately 7% per decade in this Election District. (g) Availability of public facilities in the area. The subject site is classified as W-3 and S-3 in accordance with the adopted Water and Sewerage Plan for Washington County, indicating that this area can expect to be served by public water and sewer within five (5) years. The site is adjacent to service areas of the City of Hagerstown Water Department and the City of Hagerstown Water Pollution Control. The closest existing water and sewer lines are located approximately 600 feet west of this site. Service is available to this site at this time. The property is located in the service areas of Funkstown Volunteer Fire Departemtn, Company 10, located approxiamtely 3 miles to the southwest. Emergency medical service is provided by Community Rescue Service, Company 75, located in Hagerstown, approximately 4 miles to the west. The County Commuter bus service currently services this area from Monday through Saturday. The schools serving this area include Pangborn Elementary School, E. Russell Hicks Middle School, and South Hagerstown High School. Pangborn Elementary School is above capacity at this time, and both E. Russell Hicks Middle School and South Hagerstown High School are below capacity. The Washington County Board of Education is planning to construct in the immediate future a new elementary school to be located on Mt. Aetna Road near Route #40, and it is anticipated that new elementary school will affect the elementary school districting in this area. (h) Present and future transportation patterns in the area. The property PUD will have access onto Sunrise Boulevard, a county road classified as a local road. Sunrise Boulevard intersections with Robinwood Drive approximately .1 north of the Hagerstown Junior College intersection. Robinwood Drive is classified as a Major Collector highway by the Washington County Highway Plan. In 1990, the average daily traffic count for Robinwood Drive was approximately 8,738 vehicles at the intersection with Hagerstown Junior College. The traffic study conducted in 1990 found that Robinwood Drive can operate at an acceptable level of service projected volume of traffic generated by the development in that area which has already received approval for construction. Robinwood Drive is projected, however, to operate at an unsatisfactory level of service taking into consideration all of the approved concept plans for development in this area. Recommendations have been made for the improvement of Robinwood Drive to handle the additional traffic expected by planned developments in the area. The County Engineer does not object or take exception to the proposed rezoning. The proposed development is consistent with the preliminary consultation previously attended by his office. (i) 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 property is currently zoned Agricultural and is surrounded on three sides by an existing Youngstoun PUD. Existing Youngstoun Phases I and II Apartments as well as Stonecroft Apartments are located approximately 1,000 feet to the west. A church is proposed at the corner of Sunrise Boulevard and Robinwood Drive. To the west of the subject site a concept plan has been approved for apartments. To the north and the east, a concept plan has been approved for a PUD development called Woodbridge which includes a mix of single-family and townhouse dwellings along with a small portion of commercial area. All of the above referenced projects were part of the original Youngstoun PUD. To the south of the subject site is a proposed single-family residential development called Black Rock Estates on properties zoned Agricultural. There are four Nineteenth Century houses or log houses within a .5 mile radius of the proposed rezoning and are outlined in the report from the Washington County Planning Commission. The proposed PUD does not appear to be incompatible with any existing or planned development in the area. MINUTES CONT'D MAY 21, 1991 (j) The relationship of the proposed change to the Adopted Plan for the county, Development Analysis Plan Map and Policies. The intent of the PUD article of the Zoning Ordinance is to allow more creativity and flexibility in site design and to allow for a mix of housing types and land uses. The proposed rezoning is located within the designated Urban Growth Area for Hagerstown/Washington County. The Urban Growth Area concept is part of the adopted Comprehensive Plan for Washington County, and policies concerning this concept are specifically outlined in the Plan. The proposed rezoning change to PUD is consistent with the Comprehensive Plan of the County, the Development Analysis Plan Map, and County Policies. (k) Definition of neighborhood. The immediate neighborhood for the purposes of this rezoning extends north along Sunrise Boulevard to the southern edge of Robinwood Drive, includes the adjacent properties, extends one-quarter of a mile to the west, east and south of said property. Motion made by Commissioner Irvin-Craig, seconded by Bowers,that there has been a convincing demonstration that the proposed rezoning is appropriate and logical for the subject property, that based on the testimony given,to adopt the Findings of Fact as presented and that the rezoning should be APPROVED Note: Sunrise Boulevard is now known as Kingscrest Avenue. Unanimously approved. REZONING MAP AMENDMENT - RZ 91-4 Motion made by Commissioner Bowers, seconded by Snook to table consideration of this rezoning case until next week. REZONING MAP AMENDMENT - RZ 91-5 The applicant is Kathleen M. Riley and William S. Maharay who wish to rezone 5.034 acres from A-Agricultural to A-Agricultural with HP - Historic Preservation Overlay, located on the North side of Keedysville Road, 2000 feet west of Keedysville. The Board of County Commissioners of Washington County, Maryland, in accordance with Sections 20.4, 20.5, and 27.3 of the Zoning Ordinance of Washington County, makes the following findings of fact: (a) Definition of neighborhood. The neighborhood for the above parcel of land which is the subject of this rezoning extends one-quarter of a mile south of the subject property, one-quarter of a mile north of the subject property, and one-half miles east and west of the subject site along Keedysville Road. (b) The report and recommendations of the Planning and Zoning Commission. The Washington County Planning Commission in its report and recommendation on the subject site dated April 30, 1991 indicated that it voted on April 23, 1991 to recommend approval of the rezoning of the subject parcel owned by Kathleen M. Riley and William S. Maharay. (c) Population change in the area of the proposed change. The population in Election District 19 where the subject site is located has increased slightly over the last 20 years. In 1970, the population was 1,011; in 1980, the population of 1,216; and in 1970, the estimated population is 1,298. (d) Availability of public facilities in the area. The property has subject priority designations of W-7 and S-7 according to the Washington County Water and Sewerage Plan. Public water or sewerage facilities are not planned for the subject site. The Sharpsburg Volunteer Fire Company and the Sharpsburg Volunteer Ambulance Service provide emergency services to the subject site. The Hagerstown/Boonsboro/Sharpsburg County Commuter route is serviced on Wednesdays and Saturdays on Maryland Route 34, which is approximately 2,500 feet east of the subject site. The schools servicing this area include Sharpsburg Elementary School, Boonsboro Middle School, and Boonsboro High School. Sharpsburg Elementary School has current enrollment in excess of capacity, but both the Boonsboro Middle School and the Boonsboro High School have fewer students that their rated capacities. MINUTES CONT'D MAY 21, 1991 (e) Present and future transportation patterns in the area. The subject site has 1,000 feet of frontage along Keedysville Road which is classified by the Washington County Highway Plan has a Minor Collector. No traffic counts are available for Keedysville Road. It appears to be adequate for the traffic that it handles at present, but there are minimal shoulders available and in many locations there are extreme changes in topography along both sides of the highway. The application of the Historic Preservation Zone is not expected to affect traffic generated from this site. (f) Compatibility with existing and proposed development in the area including indication of neighboring sites identified by the Washington County Historic Sites Survey and subsequent revisions or updates. The Historic Preservation Overlay Zone in no way affects the underlying land use. The Historic Preservation Overlay Zone requested for this site is completely compatible with existing and proposed development in the area which is primarily agricultural in nature. (g) The relationship of the proposed change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The subject site is located in a portion of Washington County identified by the Comprehensive Plan as the Rural-Agricultural Area. Since the requested Historic Preservation Zone is an overlay, it does not change the underlying, traditional land use controlling zone, which in this case is Agricultural. The application of the Historic Preservation Zone to this site meets the goals of the Comprehensive Plan in several ways by insuring that future use of this property will meet a minimum level of historic significance and by assuring that any future building permits for exterior construction activity will be reviewed and approved according to a specific set of guidelines aimed at preserving the features making the site worthy of identification. The Washington County Historic District Commission administers the Secretary of the Interior's Standards for historic preservations. (h) The County Commissioners find that the improvements on the property have been evaluated by the Historic District Commission which recommends the approval of this rezoning request. The Historic District Commission stated that it is worthy of the designation because the improvements on the property represent social, economic, and the architectural history of Washington County. The Riley/Maharay property contains what is known as the Hitt House and is listed on the National Register of Historic Places and is classified as a historic structure, site, or district. That classification alone satisfies the requirements for rezoning. REZONING MAP AMENDMENT - RZ-91-6 The applicant is Todd L. Hershey who wishes to rezone 20 acres from A-Agricultural to A-Agricultural with HP - Historic Preservation Overlay, located on the South side of Keedysville Road, 2000 feet West of Keedysville. The Board of County Commissioners of Washington County, Maryland, in accordance with Sections 20.4, 20.5, and 27.3 of the Zoning Ordinance of Washington County, makes the following findings of fact: (a) Definition of neighborhood. The neighborhood for the above parcel of land which is the subject of this rezoning extends one-quarter of a mile south of Keedysville, one-quarter of a mile north of Keedysville Road, and one-half mile east and west of the subject site along Keedysville Road. (b) The report and recommendations of the Planning and Zoning Commission. The Washington County Planning Commission in its report and recommendation on the subject site dated April 30, 1991 indicated that it voted on April 23, 1991 to recommend approval of the rezoning of the subject parcel owned by Todd L. Hershey. (c) Population change in the area of the proposed change. The population in Election District 19 where the subject site is located has increased slightly over the last 20 years. In 1970, the population was 1,011; in 1980, the population of 1,216; and in 1970, the estimated population is 1,298. MEETINGS CONT'D MAY 21, 1991 (d) Availability of public facilities in the area. The property has subject priority designations of W-7 and S-7 according to the Washington County Water and Sewerage Plan. Public water or sewerage facilities are not planned for the subject site. The Sharpsburg Volunteer Fire Company and the Sharpsburg Volunteer Ambulance Service provide emergency services to the subject site. The Hagerstown/Boonsboro/Sharpsburg County Commuter route is serviced on Wednesdays and Saturdays on Maryland Route 34, which is approximately 2,500 feet east of the subject site. The schools servicing this area include Sharpsburg Elementary School, Boonsboro Middle School, and Boonsboro High School. Sharpsburg Elementary School has current enrollment in excess of capacity, but both the Boonsboro Middle School and the Boonsboro High School have fewer students that their rated capacities. (e) Present and future transportation patterns in the area. The subject site has 2,000 feet of frontage along Keedysville Road which is classified by the Washington County Highway Plan has a Minor Collector. No traffic counts are available for Keedysville Road. It appears to be adequate for the traffic that it handles at present, but there are minimal shoulders available and in many locations there are extreme changes in topography along both sides of the highway. The application of the Historic Preservation Zone is not expected to affect traffic generated from this site. (f) Compatibility with existing and proposed development in the area including indication of neighboring sites identified by the Washington County Historic Sites Survey and subsequent revisions or updates. The Historic Preservation Overlay Zone in no way affects the underlying land use. The Historic Preservation Overlay Zone requested for this site is completely compatible with existing and proposed development in the area which is primarily agricultural in nature. (g) The relationship of the proposed change to the Adopted Plan for the County, Development Analysis Plan Map and Policies. The subject site is located in a portion of Washington County identified by the Comprehensive Plan as the Rural-Agricultural Area. Since the requested Historic Preservation Zone is an overlay, it does not change the underlying, traditional land use controlling zone, which in this case is Agricultural. The application of the Historic Preservation Zone to this site meets the goals of the Comprehensive Plan in several ways by insuring that future use of this property will meet a minimum level of historic significance and by assuring that any future building permits for exterior construction activity will be reviewed and approved according to a specific set of guidelines aimed at preserving the features making the site worthy of identification. The Washington County Historic District Commission administers the Secretary of the Interior's Standards for historic preservations. (h) The County Commissioners find that the improvements on the property have been evaluated by the Historic District Commission which recommends the approval of this rezoning request. The Historic District Commission stated that it is worthy of the designation because the improvements on the property represent social, economic, and the architectural history of Washington County. The Todd Hershey property contains what is known as the "Hitts Mill" and is listed on the National Register of Historic Places and is classified as a historic structure, site, or district. That classification alone satisfies the requirements for rezoning. REZONING CASE RZ-91-5 AND 91-6 Motion made by Commissioner Bowers, seconded by Shank, to adopt the Findings of Fact in each case as presented and to find that there has been a convincing demonstration in each case that rezoning would be appropriate and logical for the subject properties .Unanimously Approved Rezoning Case RZ 91-5 and 91-6 - Decision Motion made by Commissioner Bowers, seconded by Irvin-Craig, to APPROVE Rezoning Cases RZ -91-5 and 91-6 as presented based on the fact that there was a convincing demonstration that the rezoning is appropriate and logical, and taking into consideration the recommendation of the Planning Commission, and the adopted findings of fact. Unanimously approved. MEETING CONT'D MAY 21, 1991 MALPF Program Administrators on Western Shore of Maryland Barry Teach, County Administrator briefly reviewed a memo from Jeremy V. Criss, Planning Specialist, Farmland Preservation, Montgomery County suggesting that the commissioners contact the Delegation concerning appointments to the MALPF Board of Trustees. The Commissioners requested that Mr. Teach contact the Delegation and encourage the Secretary to address these concerns. CITIZEN PARTICIPATION Judith Thomas spoke to the Commissioners concerning the by-pass at Antietam National Battlefield and closing of a portion of Smoke Town Road. Commissioner Roulette responded with suggestions that have been proposed, and Commissioner Bowers stated that there would have to be a public hearing before closing of the road could be considered. James Mosher participated in the discussion. LINE ITEM TRANSFER - STATES ATTORNEY Motion made by Commissioner Shank, seconded by Bowers, to approve the following transactions: Transfer $3,000.00 from line item 015-0113-527-000 training to 015- 0113-525-110, Professional Services, Court Costs Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Irvin-Craig, seconded by Snook, to convene in Executive Session at 12:00 noon in regard to personnel and property matters and to confer with the County Attorney, in accordance with Section 10.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Snook, seconded by Bowers, to reconvene in Regular Session at 1:30 p.m. Unanimously approved. PUBLIC HEARING - GATEWAY ENTERPRISE ZONE The Commissioners convened in public hearing at 01:35 p.m. in order to consider the submission of an application for establishment of the Gateway Enterprise Zone. Beverly Brice, Economic Development Coordinator, appeared before the Commissioners to review the advantages for Washington County's support of the application for the Gateway Enterprise Zone, the property of which is located north of Maryland Route 144, east of Interstate 81, south of U.S. Route 40, west of the City of Hagerstown Reservoir, and consisting of approximately 56 acres in size. The record will not remain open since there was no one present to comment for or against this application. Motion made by Commissioner Shank, seconded by Bowers to approve the Gateway Enterprise Zone application. Unanimously approved. NEW COURTROOM CONSTRUCTION - CIRCUIT COURT Motion made by Commissioner Bowers, seconded by Shank to replace the existing column in the new courtroom which is now under construction. Work should commence immediately on this project. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Irvin-Craig, seconded by Bowers, to convene in Executive Session at 2:41 p.m. with regard to personnel and property matters and to consult with the County Attorney in accordance with Section 10.508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Shank, seconded by Snook to reconvene in Regular Session at 3:30 p.m. Unanimously approved. EMPLOY - PART TIME PLAYGROUND STAFF Motion made by Commissioner Irvin-Craig, seconded by Bowers, to employ Jennifer Ardinger as part-time summer playground staff to fill an existing vacancy. Unanimously approved. EMPLOY - LIFEGUARDS Motion made by Commissioner Shank, seconded by Irvin-Craig to employ Jennifer L. Schiller as a regular lifeguard at the Martin L. Snook Pool, and Nancy E. Brown as an occasional back-up lifeguard. Unanimously approved. MEETING CONT'D MAY 21, 1991 RECLASSIFICATION - COUNTY COMMUTER Motion made by Commissioner Bowers, seconded by Shank to reclassify Bobbie J. Frederick, from part-time Bus Operator to full-time Bus Operator to fill an existing vacancy. Unimously approved. BID AWARD - LEITERSBURG, SMITHSBURG ROAD Motion made by Commissioner Snook, seconded by Shank, to award the bid for improvements to the Leitersburg, Smithsburg Road to Wolfe Brothers, who submitted the low bid of $351,653.30. Unanimously approved. ADJOURNMENT Motion made by Commissioner Irvin-Craig, seconded by Bowers, to adjourn at 3:35 p.m. Unanimously approved. County Attorney ,Clerk Secretary Prepared by