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June 12, 2006
Hagerstown, MD 21740
JOINT PUBLIC HEARING – REZONING CASES RZ-06-008, RZ-06-009, AND
RZ-06-010
A joint public hearing of the Board of County Commissioners of
Washington County, Maryland and the Washington County Planning
Commission was convened in Court Room #l at 7:00 p.m. to hear
testimony and receive evidence in rezoning map amendments RZ-06-
008 and RZ-06-009, and Text Amendment RZ-06-010. Presiding at
the hearing were County Commissioners President Gregory I. Snook
and Planning Commission Chair George Anikis. Also present at
the hearing were County Commissioners William J. Wivell, James
F. Kercheval, John C. Munson, and Doris J. Nipps, and Planning
Commission members Linda Parrish, Terry Reiber, Bernie Moser,
Samuel Ecker, and Clint Wiley. The public hearing was adjourned
at 8:10 p.m.
__________________________,
County Administrator
,
County Attorney
,
Clerk
June 13 2006
Hagerstown, Maryland
The regular meeting of the Board of County Commissioners of
Washington County, Maryland, was called to order at 9:00 a.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.
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 – JUNE 6, 2006
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the minutes of June 6, 2006. Unanimously approved.
INTRODUCTION OF NEW EMPLOYEES
Dee Hawbaker, Human Resources Administrator, introduced new
County employees John Lehman, Paul Price, and Robert Smith
(Highways). The Commissioners welcomed the new employees and
wished them well in their positions.
COMMISSIONERS’ REPORTS AND COMMENTS
Commissioner Nipps reported on the Historical Advisory Committee
meeting and stated that she attended the Soil Conservation
Service’s annual awards picnic.
Commissioner Wivell reported on the recent meeting of the PenMar
Development Corporation. He stated that the proposed budget for
Fiscal Year 2007 is not balanced. Commissioner Wivell informed
the Commissioners that representatives from area animal rescue
groups contacted him regarding the Humane Society’s distribution
of spay/neuter vouchers. The Commissioners directed the County
Administrator to place this issue on their agenda for further
discussion.
Commissioner Kercheval stated that he attended the Soil
Conservation Service’s picnic. He reported on the meetings of
the Economic Development Commission and Greater Hagerstown
Subcommittee regarding the Barbara Ingram School for the Arts.
Commissioner Kercheval stated that the 2+2 Committee met last
week and discussed a proposal for the City/County financial
commitment for improvements at the intersection of Edgewood
Drive and Route 40. He indicated that they are proposing that
the State fund 50% of the improvements with the City and County
funding the remaining 50%. The County’s portion would be $3.6
million and the
JUNE 13, 2006
PAGE TWO
City would fund $1.65 million as well as assume responsibility
for moving the water and sewer lines, an in-kind cost of
$750,000. The Commissioners discussed the proposal and agreed
that they need to make a commitment to the State to allow the
project to proceed. Commissioner Snook stated that he would
discuss the proposal with appropriate State representatives at
the Maryland Association of Counties meeting next week.
Commissioner Snook informed the Board that he received
correspondence from the Maryland Department of the Environment
(MDE) that FY 2007 water projects (Mt. Aetna reservoir
replacement and Highfield and Sharpsburg treatment plants) were
approved. He stated the Total Maximum Daily Load (TMDL)
calculations and guidelines are now included on the MDE web
site. Commissioner Snook noted that the Governor approved Phase
4 of the rails-to-trails project. He reminded the Commissioners
that the City is sponsoring free concerts at the University
System of Maryland plaza on Thursday afternoons.
REZONING MAP AMENDMENT RZ-06-004 (PORTRAIT HOMES-MID ATLANTIC,
LLC)
Michael Thompson, Director of the Planning Department, reviewed
the staff report and Planning Commission findings for rezoning
case RZ-06-004, as submitted by Portrait Homes – Mid Atlantic,
LLC to rezone 24.3 acres of land on the west side of Bower
Avenue from A-Agricultural to A/PUD – Agricultural/Planned Unit
Development. Mr. Thompson stated that the Planning Commission
vote on the recommendations for this rezoning resulted in a tie,
so there is no formal recommendation from the Planning
Commission.
Kirk Downey, Assistant County Attorney, stated that the purpose
of today’s session is for the Commissioners to discuss the case
with the hope that they will reach a consensus. He would then
develop findings of fact and an articulation of reasons for the
decision, which would be brought back for a final vote at next
week’s meeting. Each Commissioner then commented on the
application.
Commissioner Wivell indicated that he is not in favor of the
application due to traffic and drainage issues, and stated that
the development is incompatible with the neighborhood.
Commissioner Nipps agreed with Commissioner Wivell’s comments.
She noted her concerns about the additional traffic on Bower
Avenue and stated that it is inadequate for the amount of
traffic that is currently there. Commissioner Nipps also cited
the concerns of the Historic District Commission and concluded
that a PUD is not proper in this location.
Commissioner Munson stated that he is not in favor of the
project and that Bower Avenue could not adequately handle the
additional traffic.
Commissioner Kercheval stated that the plan does not fulfill the
purpose of a PUD and is only being used in this matter for
density. He stated that it does not follow the Comprehensive
Plan guidelines for low density.
It was the consensus to deny the request RZ-06-004, and the
Commissioners asked Mr. Downey to draft the appropriate findings
for a final vote next week.
REZONING MAP AMENDMENT RZ-06-003 (HERITAGE LAND DEVELOPMENT)
Stephen Goodrich, Chief Planner, reviewed the staff report and
Planning Commission findings for rezoning case RZ-06-003, as
submitted by Heritage Land Development to rezone 328 acres of
land located between Sterling Road and Kendle Road from A-
Agricultural to A/PUD – Agricultural/Planned Unit Development.
He provided information on different types of PUD plans. Mr.
Goodrich stated that the Planning Commission vote on the
recommendations for this rezoning resulted in a tie, so there is
no formal recommendation from the Planning Commission. He
informed the Commissioners that the State Highway Administration
responded that they wanted a final traffic study before
commenting on needed improvements. Each Commissioner then
commented on the application.
JUNE 13, 2006
PAGE THREE
Commissioner Munson listed concerns about the adequacy of roads
and schools. He stated that the developer should be required to
build needed schools to the Board of Education’s requirements.
He indicated that he does not support the application.
Commissioner Nipps stated that the evolution of the initial site
plan was a great improvement and she likes the plan; however,
the development is on the fringe of the Urban Growth Area (UGA)
and is not an appropriate location for a PUD. She indicated
that she does not feel it is compatible with the existing
development. She cited her concerns with the adequacy of roads
and schools and stated that she is not in favor of the
application.
Commissioner Wivell noted that he feels the property can be
developed with the existing zoning and he is not in favor of the
PUD. He stated that the negatives of the project outweigh the
benefits and cited compatibility issues with the existing
neighborhood.
Commissioner Kercheval indicated that he is undecided and stated
that he disagreed with some of the previous comments about
schools. He explained that he feels the Adequate Public
Facilities Ordinance (APFO) would address the school issue.
Commissioner Kercheval explained that a lot of thought went into
the plan that included a creative design, school site, and
amenities. He stated his concerns about road issues.
It was the consensus to deny the request, and the Commissioners
asked Mr. Downey to draft the appropriate findings for a final
vote next week. Commissioner Wivell stated that he would not be
here for the final vote, but indicated that the record would
show that he is opposed to the rezoning.
AMENDMENT #7 TO THE CONSOLIDATED GENERAL SERVICES AGREEMENT
(ROSEHILL MANOR)
Greg Murray, Director of the Water Quality Department, asked the
Commissioners to approve the addition of Amendment #7 to the
Consolidated General Services Agreement (CGSA). Mr. Murray
explained that the addition of property into the CGSA for the
purpose of joint sewer service by the City of Hagerstown and
Washington County must be approved by a joint resolution of both
parties. He stated that this amendment would allow for the
transfer of assets if property is annexed and the County has no
financial considerations. Mr. Murray then reviewed the
amendment.
Motion made by Commissioner Munson, seconded by Kercheval, to
approve the Joint Resolution of the Board of County
Commissioners and the Mayor and Council of the City of
Hagerstown Amending the Consolidated General Services Agreement
for the provision of Sanitary Sewer Service and Amendment No. 7
Recitals to include Parcel 114, Washington County Tax Map Number
25 as identified on the attached Exhibit M (Rosehill Manor).
Unanimously approved.
STAFF REPORTS AND COMMENTS
Carolyn Motz, Airport Manager, asked the Commissioners to
approve a budget transfer for the Hagerstown Regional Airport in
the amount of $163,270 for FY 2006. She reviewed the additional
revenues and corresponding expenditures related to the
reinstatement of Essential Air Service at the Airport in
September 2005. The meeting was then opened for discussion and
questions.
Motion made by Commissioner Kercheval, seconded by Nipps, to
approve a budget transfer of $163,270 for the Hagerstown
Regional Airport, as outlined. Unanimously approved.
Motion made by Commissioner Nipps, seconded by Kercheval, to
approve the request made to enter into a contract with URS for a
120-day extension for on-call engineering services while the
request for proposal for a on-call engineering services at the
Airport is developed. Unanimously approved.
JUNE 13, 2006
PAGE FOUR
CITIZENS’ PARTICIPATION
Diane Eves expressed concerns regarding the request to approve a
sole source procurement being proposed for teenage pregnancy
prevention. She provided information on other agencies in the
area that provide these services.
Jason Happel, representing WASHCO Development, stated that he is
having a difficult time getting feedback from the Board of
Education regarding the proposed mitigation plan for their
project. He asked the Commissioners to inquire on their behalf
for some direction. Commissioner Snook stated that he had
talked to the Superintendent and she agreed to follow up on the
issue and provide a timeframe.
Dan Moeller asked that the County staff be instructed to place
the sections of the County’s Emergency Plan that are available
to the public on the County’s website.
James Devine commented on a variety of issues including making
English the official language, rent control, adequate housing,
and solar generators.
COUNTY ADMINISTRATOR’S COMMENTS
Rodney Shoop, County Administrator, reminded the Board that
there would be no meetings on June 27 and July 4.
DISCUSSION OF OPTIONS FOR HOME RULE ADOPTION
Joe Kroboth, III, Chairman of the Task Force on Home Rule, met
with the Commissioners to answer any questions they may have
regarding the options available for home rule adoption and the
schedules associated with each option. Mr. Kroboth explained
that Charter Home Rule can be initiated by 20% of the voters or
by the County Commissioners themselves. A Charter Board must
consist of an uneven number of members with no less than five
and no more than nine members and must be appointed by the
Commissioners. Additional names may be submitted by petition if
submitted within sixty days of the original appointment of the
charter board members by the Commissioners. If additional names
are received by petition, a special election must be held. Mr.
Kroboth indicated that the Maryland Constitution and Annotated
Code of Code of Maryland give the County Commissioners authority
to propose code home rule by resolution of a two-thirds majority
of the board. The board must hold two public hearings on the
question of code home rule and within 60 days from the last
hearing to adopt or reject the proposed resolution. Adoption
requires two-thirds majority of the board. The meeting was then
opened for discussion and questions. It was the consensus of
the Commissioners to proceed with the Charter Home Rule and to
appoint the Charter Board between August 19 and October 19, 2006
in order to have the vote for the Charter included in the
General Election in 2008.
RECESS – YOUTH OF THE MONTH ANNUAL BANQUET
The Commissioners recessed at 11:26 a.m. in order to attend the
annual banquet honoring the 2005-06 nominees and recipients of
the Youth of the Month awards.
AFTERNOON SESSION
The afternoon session was called to order at 1:10 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.
PUBLIC SAFETY RADIO COMMUNICATIONS REPORT
Gary Rohrer, Director of Public Works, and David McCobin,
consultant from L. Robert Kimball & Associates, Inc., met with
the Commissioners to provide information and report the results
of the negotiating team’s meetings with the preferred vendor
relating to the Public Safety Radio Communications Project. Mr.
Rohrer stated that an extensive contract package was submitted
by the preferred vendor. He explained that the contract
consists of three primary documents and is the culmination of
more than four months of intense and detailed discussions
between the two parties. The price proposal conditionally
accepted by the negotiating
JUNE 13, 2006
PAGE FIVE
team is $19,348,225. The County expects to expend $1,075,600
(38%) toward infrastructure costs. The State share is estimated
to be $1,753,100 (62%). Mr. Rohrer outlined a summary of
estimated revenues and expenditures, payment schedule, and
maintenance costs. The meeting was then opened for questions
and discussion. The Commissioners applauded the committee for
their efforts in negotiating the contract.
Motion made by Commissioner Munson, seconded by Wivell, to award
the contract for the public safety radio communications project
to Motorola conditional upon negotiating an acceptable
Communications Services Agreement. Unanimously approved.
CONTRACT AWARD - RESH ROAD LANDFILL II CLOSURE PHASE I (N-CELLS)
Motion made by Commissioner Wivell, seconded by Munson, to
conditionally award the contract for the Resh Road Landfill II
Closure Phase I – N Cells, Closure Cap Construction to Pavex,
Inc., which submitted the lowest responsive, responsible bid, in
the amount of $3,787,256.15. The award is conditional based on
the concurrence and approval of the Maryland Water Quality
Finance Administration. Unanimously approved.
SOLE SOURCE PROCUREMENT – COMPREHENSIVE TEEN PREGNANCY
PREVENTION STRATEGIES IN WASHINGTON COUNTY, MARYLAND
Stephanie Stone, Director of the Washington County Community
Partnership for Children & Families (“WCCP”), and Karen Luther,
Purchasing Agent, outlined the proposals received for teenage
pregnancy prevention and explained why they are recommending a
sole source procurement to the Washington County Health
Department. She explained that the second proposal was found to
be nonresponsive and did not meet the WCCP’s criteria. Ms.
Stone stated that the WCCP Board approved the sole source
request at its May 19 meeting to enhance programs already in
effect at the Health Department. Ms. Stone outlined how funds
would be spent: $70,000 - public awareness, $3,000 - equipment
for awareness and education presentations, $10,000 - model to
target teen males, $18,274 - program materials and supplies, and
$7,623 - administrative indirect costs, for a total of $108,897.
The meeting was then opened for discussion and questions.
Commissioner Kercheval requested that the Health Department work
with the Teen Pregnancy Prevention Task Force to develop the
advertising and marketing strategies for the $70,000 public
awareness portion of the award.
Motion made by Commissioner Munson, seconded by Nipps, to award
the contract for providing comprehensive teen pregnancy
prevention strategies in Washington County, Maryland, to the
Washington County Health Department in the amount of $108,897.
The award is a sole source procurement based on Sections 1-
Code of the Public Local Laws of Washington
106.2(a)(1) of the
County,
.
using WCCP carry-forward funds. Unanimously approved
CONVENE IN CLOSED SESSION
Motion made by Commissioner Nipps, seconded by Munson, to
convene in closed session at 2:49 p.m. to discuss personnel
matters relating to the appointment, employment and/or promotion
of individuals over whom the Commissioners have jurisdiction and
any other personnel matters affecting one or more specific
individuals and to consult with counsel to obtain legal advice,
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 Munson, seconded by Nipps, to
reconvene in open session at 3:46 p.m. Unanimously approved.
In closed session, the Commissioners discussed three (3)
personnel matters relating to the employment or appointment of
individuals over whom the Commissioners have jurisdiction and
other personnel matters affecting one or more specific
individuals and consulted with counsel to obtain legal advice.
Present during closed session were Commissioners Gregory I.
Snook, William J. Wivell, James F. Kercheval, John C. Munson
JUNE 13, 2006
PAGE SIX
and Doris J. Nipps. Also present at various times were John
Martirano, County Attorney; Kirk Downey, Assistant County
Attorney; Rodney Shoop, County Administrator; Joni Bittner,
County Clerk; John Latimer, Director of Emergency Services; and
David Hankinson, Director of Human Resources.
APPROVAL – MEMORANDUM OF UNDERSTANDING – EMERGENCY SERVICES
Motion made by Commissioner Munson, seconded by Kercheval, to
approve the following agreements: 1) Memorandum of
Understanding with the Maryland Department of the Environment
for a supplement grant of $8,000 to be used toward the purchase
of a 2007 Ford Expedition for the Department of Fire & Emergency
Services; 2) Memorandum of Understanding with the Washington
County Hospital necessary to accept a HRSA Grant in the amount
of $75,000 to improve the County’s preparedness for mass
casualty incidents; and 3) Memorandum of Understanding with the
Washington County Hospital necessary to accept additional radio
equipment purchased by the Hospital under the HRSA grant for use
on the inter-hospital digital radio communications system.
Unanimously approved.
ADJOURNMENT
Motion made by Commissioner Kercheval, seconded by Wivell, to
adjourn at 3:48 p.m. Unanimously approved.
,
County Administrator
,
County Attorney
___________________________,
County Clerk