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HomeMy WebLinkAbout07.12.2016 MinutesBOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland July 12, 2016 INVOCATION AND PLEDGE OF ALLEGIANCE The Commissioners observed a moment of silence followed by the Pledge of Allegiance to the Flag by the full assemblage. CALL TO ORDER President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland, to order at 10:10 a.m. at 100 West Washington Street, Room 227, with the following members present: Vice President Jeffrey A. Cline and Commissioners Wayne K. Keefer and LeRoy E. Myers, Jr. Commissioner John F. Barr was absent from the meeting due to personal reasons. APPROVAL OF MINUTES — JUNE 21, 2016 Commissioner Myers, seconded by Keefer, moved to approve the minutes of June 21, 2016. The motion passed unanimously. (4-0, Commissioner Barr was absent.) REPORTS FROM COUNTY STAFF County Administrator County Administrator Greg Murray noted that Commissioner Barr was absent from the meeting due to attending a funeral. Countv Attornev — Churchev Group, LLC APFO Agreement Deputy County Attorney Kirk C. Downey advised that Churchey Group, LLC had entered into an Adequate Public Facilities Ordinance (APFO) school mitigation agreement for a development that called for payments to be made by a certain date. Churchey Group has requested an extension of the May 2016 payment due date to December 31, 2016 so that it can perform an analysis to see if it would be beneficial to use the County's Alternative Mitigation Contribution Program in lieu of the agreement now in place. Commissioner Myers requested additional information relating to the request and the current agreement. He suggested that the matter be addressed at a future meeting. It was the consensus of the Commissioners to not take any action at this time and possibly consider the request at a future meeting. Countv Clerk — Appointments to Boards/Commissions Board of Zoning Appeals Commissioner Myers, seconded by Cline, moved to appoint Paul Fulk and Michael Zampelli as regular members of the Board of Zoning Appeals to serve first, full three-year terms through June 30, 2019; reappoint John Rinehart as an alternate member to serve a second, three-year term through June 30, 2019; and appoint Robert L. Lemon, Jr. as an alternate member to serve a first, three-year term through June 30, 2019 on the Board of Zoning Appeals. The motion passed unanimously. (4-0, Commissioner Barr was absent.) July 12, 2016 Page 2 WINEBRENNER WASTEWATER TREATMENT PLANT ENR UPGRADE PROJECT CHANGE ORDER Julie Pippel, Director, and Mark Bradshaw, Deputy Director, Water Quality, requested approval of Change Order #5 to HRI Bridge Company, Inc. (HCI) for $110,967.36 relating to the Winebrenner Wastewater Treatment Plant Project. The request includes fourteen different items and an additional thirteen calendar days added to the contract. Mr. Bradshaw reviewed the change order items that include increasing the contract for the removal of inadequate coating, installing a French drain and new roof, purchasing additional stone for drainage and new wall mounted exhaust fans, and the replacement of an existing utility waterline. Items decreasing the change order amount included providing Schedule 80 piping instead of stainless steel for vault sumps and revised sludge pump piping. The Commissioners discussed the request and the need for replacing the existing utility waterline. Commissioner Myers commented that the number of change orders on the project was less than the normal amount. He requested an update on the project including any items involving engineering errors. Commissioner Myers, seconded by Cline, moved to approve Change Order #5 to HRI Bridge Company, Inc. for $110,967.36 relating to the Winebrenner Wastewater Treatment Plant Project. The motion passed unanimously. (4-0, Commissioner Barr was absent.) MEMORANDUM OF UNDERSTANDING WITH PENMAR DEVELOPMENT CORPORATION FOR DEVELOPMENT OF THE FORT RITCHIE PROPERTY County Administrator Greg Murray and Brian Flook, Vice President, PenMar Development Corporation (PMDC) presented a Memorandum of Understanding (MOU) between the County and PMDC relating to the transfer and potential redevelopment of the property known as Fort Ritchie. Mr. Murray discussed the history of the property and the work done to bring this proposed transfer to fruition. The planned "Cascade Town Centre at Washington County" involves foreign investment with several South Korean businesses interested in developing MOUs with the County similar to those made with other counties in the State. Developers' potential plans include a university with ties to the University of Maryland, medical research, organic food companies, and shopping, restaurants and hotels. The proposal could return approximately 3,000 people to the area and provide 1,000 jobs in addition to a number of temporary construction jobs. A number of potential clients will be in Washington County next week to visit the site a second time and discuss their timeline for specific plans. Mr. Murray stated that funds are available through the PMDC for development that will save the burden or cost to the taxpayer. A majority of those funds and assets will be transferred to the County upon the transfer of the property and the remainder will be transferred upon the dissolution of PMDC. Brian Flook endorsed the proposal and stated that the PMDC Board of Directors voted unanimously for approval of the MOU. The Commissioners discussed the proposal. Commissioner Cline commented that the plan would include some type of museum to preserve the overall history of Fort Ritchie. Mr. Flook advised of discussions with the local library and State offices to make sure that is July 12, 2016 Page 3 accomplished. Mr. Murray advised that the Community Recreation Center would continue to operate. Rental properties on the grounds are currently subsidized and will be demolished due to their condition. Commissioner Keefer commented that this is a great opportunity to increase the tax base without increasing taxes. Commissioner Myers stated that the PMDC would eventually be dissolved through legislative action and will have no jurisdiction subsequent to the contemplated conveyance of the property to the County. Commissioner Cline, seconded by Keefer, moved to approve the Memorandum of Understanding between the PenMar Development Corporation and the Board of County Commissioners relating to the transfer and development of the Fort Ritchie property in Cascade. The motion passed unanimously. (4-0, Commissioner Barr was absent.) THIRD OUARTER ADJUSTMENTS TO THE WASHINGTON COUNTY BOARD OF EDUCATION'S FISCAL YEAR 2016 GENERAL FUND BUDGET, Chris South, Chief Financial Officer, Washington County Public Schools, requested adjustments to the Third Quarter Fiscal Year 2016 General Fund Budget by decreasing the following categories: Administration - $386,037; Mid -Level Administration — $459,550; Instructional Salaries - $1,393,123; Special Education - $153,275; Student Personnel Services - $23,500; Student Health Services - $89,965; Operation of Plant - $237,325; and Capital Outlay - $32,000; and by increasing the following categories: Maintenance of Plant - $179,350; and Fixed Charges - $1,092,000, for a net change in fund balance of $1,503,425. Mr. South indicated that of the $13,153 million General Fund Balance remaining, $5.7 million is committed to paying off the Barbara Ingram School for the Arts' loan, $580,000 to the public/private partnerships, and $4 million to the downtown educational complex, leaving $2,873 million unassigned. Commissioner Cline, seconded by Myers, moved to approve the requested adjustments to the Washington County Board of Education's Third Quarter Fiscal Year 2016 General Fund Budget as presented. The motion passed unanimously. (4-0, Commissioner Baker was absent.) CHECK PRESENTATION FROM ST. PATRICK'S DAY RUNFEST Jaime Dick, Director, Recreation and Fitness Department, appeared to present proceeds from the annual St. Patrick's Day Runfest half marathon held in March. Mr. Dick stated that there were 783 participants this year plus more in children's' events. He introduced Robin Roberson, Director, Community Free Clinic, who described the clinic's services provided to citizens without health insurance. Sonja Hoover accepted $500 for the Quinn Hoover Legacy Fund and Ms. Roberson $9,496.80 for the Community Free Clinic. Both individuals thanked the organizers and participants for supporting the event. July 12, 2016 Page 4 PUBLIC HEARING — AN "ORDINANCE TO REPEAL AND TO REENACT, WITH AMENDMENTS, THE ORDINANCE ESTABLISHING A LOCAL PROGRAM FOR THE PRESERVATION OF AGRICULTURAL LAND AND PURCHASE OF AGRICULTURAL LAND PRESERVATION EASEMENTS THROUGH AN INSTALLMENT PURCHASE PROGRAM" President Baker convened a Public Hearing at 11:14 a.m. to obtain public comment on an ordinance entitled "Ordinance To Repeal And To Reenact, With Amendments, The Ordinance Establishing A Local Program For The Preservation Of Agricultural Land And Purchase of Agricultural Land Preservation Easements Through An Installment Purchase Program." Eric Seifarth, Rural Preservation Administrator, and Chris Boggs, Land Preservation Planner, Planning and Zoning, presented information on the proposal that repeals the earlier ordinance adopted in 2003 and enacts an updated ordinance that reflects the current regulatory climate and allows flexibility so that amendments need not be made in future cycles such as changes in interest rates. The Installment Purchase Program (IPP) is funded by the County's real property transfer taxes with legal authority from the Transfer Tax Ordinance; $400,000 is provided each year. Mr. Seifarth indicated that the modifications involve changing the interest rate of 3% to "as determined by the County Commissioners" and adding certain building right options that are now included the State's appraisals used for the program, along with minimal grammatical changes. The County's Agricultural Preservation Advisory Board concurs with the recommendation. The hearing was opened for public comment. No one present wished to offer comments. The Commissioners had no comments. The Public Hearing was closed at 11:17 a.m. Commissioner Myers, seconded by Cline, moved to approve the an "Ordinance To Repeal and to Reenact, With Amendments, the Ordinance Establishing a Local Program For the Preservation of Agricultural Land and Purchase of Agricultural Land Preservation Easements Through an Installment Purchase Program." The motion passed unanimously. (4-0, Commissioner Barr was absent.) CONVENE IN CLOSED SESSION. Commissioner Cline, seconded by Myers moved to convene in closed session at 11:18 p.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; and any other personnel matter that affects one or more specific individuals; to consult with staff, consultants or other individuals about pending or potential litigation; and to consult with counsel to obtain legal advice on a legal matter, in accordance with Section 3-305(b) (1), (7), and (8) of the General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously. July 12, 2016 Page 5 In closed session, the Commissioners discussed specific legal issues relating to an ongoing litigation matter with counsel and staff; discussed issues relating to a matter that may give rise to litigation in the future; and discussed several County personnel hiring recommendations and related staffing issues with County staff. During closed session, the Commissioners provided direction to counsel and staff regarding an ongoing litigation matter; and provided staff with specific instruction regarding several personnel recommendations and staffing issues. Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline, Wayne K. Keefer and LeRoy Myers, Jr. Also present were Gregory Murray, County Administrator; Sarah Sprecher, Assistant County Administrator; Vicki Lumm, County Clerk; John Martirano, County Attorney; and at various times Kirk C. Downey, Deputy County Attorney; Stephen Goodrich, Director, and Jill Baker, Chief Planner, Planning and Zoning; Tim Lung, Deputy Director, Plan Review; and Stephanie Stone, Director, Health and Human Services. RECONVENE IN OPEN SESSION Commissioner Cline, seconded by Myers, moved to reconvene in open session at11:47 a.m. The motion passed unanimously. RECESS The Commissioners recessed at 11:47 a.m. to attend the Happy Camper Day luncheon at Martin L. "Marty" Snook Memorial Park with attendees of the Recreation and Parks Department's Summer Camp Program. AFTERNOON SESSION President Terry L. Baker called the afternoon session to order at 1:36 p.m. with the following members present: Commissioners Jeffrey A. Cline, Wayne K. Keefer and LeRoy E. Myers, Jr. Commissioner John F. Barr was absent. GTI UPDATE Attorney Jason Divelbiss introduced Pete Kadens, Sterling Crockett and Matt Levine of Green Thumb Industries, LLC (GTI), who provided an update on GTI's process to acquire a Maryland license for a proposed medical cannabis cultivation facility to be located on Hopewell Road in Washington County. Mr. Kadens advised that the award of Maryland licenses has been delayed but the company was advised it could possibly receive word in the next 4-6 weeks. He announced a public meeting to be held tonight at Meritus Medical to discuss the medical uses of cannabis that will include guest speakers that have benefitted from its use. Certain regulations involving medical cannabis have changed during the waiting period. GTI has been working with Meritus on medical studies to see if individuals can benefit from medical cannabis instead of opiates. Mr. Divelbiss advised that GTI's option for the Hopewell property has been extended several times during the waiting period and that site plan and building design permits have been reviewed. GTI is ready to July 12, 2016 Page 6 begin construction of the facilities as soon as the Maryland license is granted. Mr. Kadens indicated that GTI has received 179 unsolicited resumes from local individuals regarding employment at the proposed facility. Beginning salaries are expected to be $14 per hour plus benefits for the approximately 40-50 employees hired once the facility is constructed. GTI plans to hire 100-150 employees during the first two years of operation. COMMUNITY GRANT MANAGEMENT — SUPPORT OF THE COMMUNITY FREE CLINIC'S COMMUNITY INVESTMENT TAX CREDIT PROGRAM APPLICATION Susan Buchanan, Senior Grant Manager, Community Grant Management, and Robin Roberson, Director, Community Free Clinic, requested support for the Community Free Clinic's Community Investment Tax Credit program application through a resolution from the County Commissioners. Ms. Buchanan indicated that Community Investment Tax Credits support eligible nonprofit organizations by awarding allocations of State tax credits for use as incentives to attract contributions from individuals and businesses to benefit local projects. Nonprofit organizations use the tax credits as incentives for individuals and businesses to donate money, goods or real property to support operational and programmatic costs associated with specific approved projects delivering services to Maryland communities. The Community Free Clinic (CFC) is applying for tax credit allocations for projects in the County and is seeking a resolution of support for its application. The CFC wishes to apply these tax credits as an incentive for support of its projects to make healthcare accessible to all uninsured County citizens. The application requires a local government resolution of support. Commissioner Cline, seconded by Myers, moved to approve a resolution of support for the Community Free Clinic's Community Investment Tax Credit Program application. The motion passed unanimously. (4-0. Commissioner Barr was absent.) (Resolution No. RS - 2016 -11 is recorded among the Acts, Ordinances, and Resolutions of Washington County and the original is located in the County Commissioners' Office.) COMMUNITY GRANT MANAGEMENT — EDWARD J. BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Susan Buchanan requested approval to submit a $51,338 application for an Edward J. Byrne Memorial Justice Assistance Grant to the Governor's Office of Crime Control and Prevention and to accept the award funding. Grant funds would be used to purchase a secure storage server for digital evidence and two specialized laptops to perform forensic examinations. There are no matching funds required to accept the grant. Commissioner Keefer, seconded by Cline, moved to approve the submission of a $51,338 grant application for an Edward J. Byrne Memorial Justice Assistance Grant to the Governor's Office of Crime Control and Prevention and to accept the funding if awarded. The motion passed unanimously. (4-0. Commissioner Barr was absent.) iV July 12, 2016 A Page 7 COMMUNITY GRANT MANAGEMENT — FISCAL YEAR 2017 FAMILY SERVICES GRANT PROGRAM Stephanie Lapole, Grant Manager, Community Grant Management, and Eunice Plank, Court Administrator, Circuit Court for Washington County, requested approval to accept $221,483 in funding for the Fiscal Year 2017 Family Services Grant. Ms. Lapole described the program that provides funds from the Department of Family Administration's Family Division of the Maryland Judiciary each year to the Circuit Court to deliver appropriate services available for low-income families who appear before the court to resolve family legal matters. The funds cover such costs as salary and fringe benefits of the Family Support Services Coordinator and Permanency Planning Liaison, Family Law Advice Clinic and as funding allows, Family Services Programs. There is $1,373.22 in the Circuit Court's budget to cover the 5% pay increase in the FY 2017 budget not covered by the grant. Commissioner Myers, seconded by Keefer, moved to approve the acceptance of $221,483 in funding for the Fiscal Year 2017 Family Services Grant for the Circuit Court of Washington County. The motion passed unanimously. (4-0. Commissioner Barr was absent.) COMMUNITY GRANT MANAGEMENT — FISCAL YEAR 2018 FAMILY SERVICES GRANT PROGRAM Stephanie Lapole and Eunice Plank requested approval of the submission of the Fiscal Year 2018 Family Services Grant application of $264,290 and to accept the award funding. Ms. Lapole indicated that the grant program provides funds from the Department of Family Administration's Family Division of the Maryland Judiciary as described in the previous agenda item. The FY 2018 grant must be applied for one year ahead and covers the same costs such as salary and fringe benefits as presented in the previous agenda item. The grant occurs annually and caps pay increases at 3.5%. If there are any pay increases in the FY 2018 budget, the remaining percentage would be covered by the Circuit Court budget. Commissioner Cline, seconded by Myers, moved to approve the submission of a $264,290 application for the Fiscal Year 2018 Family Services Grant for the Circuit Court of Washington County and to accept the funding if awarded. The motion passed unanimously. (4-0. Commissioner Barr was absent.) COMMUNITY GRANT MANAGEMENT — JUVENILE DRUG COURT PROGRAM GRANT AWARD Stephanie Lapole and Eunice Plank endorsed the acceptance of $101,298 in funding for the Fiscal Year 2017 Office of Problem Solving Courts Discretionary Grant. The Office of Problem Solving Courts Discretionary Grant assists with the operational expenses and ancillary services of the Juvenile Drug Court Program. The Drug Court Program offers services to adolescents residing in Washington County who have become involved with the legal system due to an underlying substance use disorder. The funds provide frequent July 12, 2016 Page 8 drug and alcohol testing and monitoring, transportation assistance to court and treatment programs, school and employment, and community service events. The grant occurs annually. Commissioner Cline, seconded by Myers, moved to approve the acceptance of $101,298 in funding for the Fiscal Year 2017 Office of Problem Solving Courts Discretionary Grant to be used for the Juvenile Drug Court Program. The motion passed unanimously. (4-0. Commissioner Barr was absent.) BID AWARD — UNIFORMS FOR WASHINGTON COUNTY SHERIFF'S OFFICERS Rick Curry, Buyer, Purchasing, and Sheriff Doug Mullendore, Sheriff s Department, recommended award of the contract for Uniforms for the Washington County Sheriff s Officers (PUR-1310) to Red the Uniform Tailor, Inc., of Lakewood, New Jersey, which submitted the total sum bid of $61,921.25 based on estimated quantities (no guaranteed minimum/maximum) of each uniform piece at per unit bid prices. The contract is for a one- year period beginning July 18, 2016 with an option by the County to renew for up to two additional consecutive one-year periods subject to written notice by the County given at least sixty calendar days before expiration of any one-year period. Mr. Curry indicated that uniforms are purchased on an as -needed basis and the County does not guarantee a minimum or maximum quantity. The Commissioners discussed the bids received with Sheriff Mullendore. Commissioner Myers, seconded by Cline, moved to approve the contract with Red the Uniform Tailor, Inc., of Lakewood, New Jersey, for Uniforms for Washington County Sheriff s Officers with the proposed prices as set forth in the agenda packet. The motion passed unanimously. (4-0, Commissioner Barr was absent.) CONTRACT RENEWAL — CONTRACT SERVICES AT TRANSFER STATIONS AND ON-SITE AT THE FORTY WEST LANDFILL Rick Curry and Julie Pippel, Director, Water Quality, requested permission to renew the contract for Contract Services at Transfer Stations and On -Site at the Forty -West Landfill (PUR-1281) with the responsive, responsible bidder, Peck's Refuse Disposal, LLC of McConnellsburg, Pennsylvania, based on the rates proposed in its letter dated May 11, 2016 for service that includes the Forty West Landfill plus Alternate No. 1 for cardboard transports. The original contract was awarded to Peck's in 2015. The vendor's proposed percentage increase to the unit cost is approximately four (4%) percent resulting in a Fiscal Year 2017 annual total cost of $295,100. It has indicated that the increase is due to strict regulations on emissions control. The contract commenced August 1, 2015 and the County may renew up to four additional consecutive one-year periods. The County guarantees neither a minimum or maximum number of transports from each location. Service includes all transfer stations, on-site at the Forty West Landfill, and an Alternate cost for cardboard transfers to the Maryland Paper Company. July 12, 2016 Page 9 Commissioner Myers, seconded by Keefer, moved to renew the contract for Contract Services at Transfer Stations and On -Site at the Forty West Landfill with the responsive, responsible bidder, Peck's Refuse Disposal, LLC of McConnellsburg, Pennsylvania, based on the rates proposed in its letter dated May 11, 2016 for service that includes the Forty West Landfill plus Alternate No. 1 for cardboard transports. The motion passed unanimously. (4-0, Commissioner Barr was absent.) CONTRACT AWARD — CONOCOCHEAGUE TREATMENT PLANT ENR UPGRADE Rick Curry and Mark Bradshaw, Deputy Director, Water Quality, recommended award of the contract for the Conococheague Treatment Plant ENR Upgrade Project (PUR-1270) to HRI Bridge Company, Inc. of State College, Pennsylvania (HCI) for $23,759,050 for Items No. 1 and Plus Contingent Items C 1 through C5, contingent upon the approval of the Maryland Department of the Environment and the County Attorney. Nine bids were received for the project. Mr. Bradshaw described the work to be performed under the contact that includes all labor, materials, services and the installation of new influent screening equipment, among other items. The project is to be substantially completed within 540 consecutive calendar days of the Notice to Proceed. Funds of $26,788,445 are available in the department's Capital Improvement Project account. Commissioner Myers requested information that was then provided regarding the performance of the project's contractor and the list of other planned County plant upgrades. Mr. Bradshaw commented that the Conococheague Treatment Plant project is eligible for 60-80% grant funding from the State of Maryland. The Commissioners also discussed the Town of Hancock's treatment plant. Commissioner Myers, seconded by Keefer, moved to award the contract for the Conococheague Treatment Plant ENR Upgrade Project to HRI Bridge Company, Inc. of State College, Pennsylvania for $23,759,050 for Items No. 1 and Plus Contingent Items C1 through C5, contingent upon the approval of the Maryland Department of the Environment and the County Attorney. The motion passed unanimously. (4-0, Commissioner Barr was absent.) CONVENE IN CLOSED SESSION Commissioner Myers, seconded by Keefer moved to convene in closed session at 2:27 p.m. to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; and any other personnel matter that affects one or more specific individuals; to consult with staff, consultants or other individuals about pending or potential litigation; and to consult with counsel to obtain legal advice on a legal matter, in accordance with Section 3-305(b) (1), (7), and (8) of the General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously. July 12, 2016 Page 10 In closed session, the Commissioners discussed the potential appointment of an individual to a local agency board over which the Commissioners have appointment authority. During closed session, the Commissioners instructed staff to bring forth the potential appointment of an individual to a board position on a local agency for discussion and a possible vote during their next open session meeting. Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline, Wayne K. Keefer and LeRoy Myers, Jr. Also present were Gregory Murray, County Administrator; Sarah Sprecher, Assistant County Administrator; Vicki Lumm, County Clerk; and John Martirano, County Attorney. RECONVENE IN OPEN SESSION Commissioner Cline, seconded by Keefer, moved to reconvene in open session at 2:40 p.m. The motion passed unanimously. Countv Clerk — Appointments to Boards/Commissions Area Aaencv on Aaina Advisory Council Commissioner Myers, seconded by Keefer, moved to appoint Maria Long, Leigh Ann Stotelmyer and Erica Malott to serve first, three-year terms through January 31, 2019 on the Area Agency on Aging Advisory Council. The motion passed unanimously. (4-0, Commissioner Barr was absent.) PUBLIC HEARING — APPLICATION FOR MAP AMENDMENT (RZ-16-0011 President Baker convened a Public Hearing at 3:03 p.m. to obtain public comment on the map amendment application by WASHCO Arnett Farms, LLC. Attorney Bruce Dean, Linowes & Blocher, 31 West Patrick Street, Frederick, Maryland, appeared on behalf of property owner Arnett Properties, LLC and Philip Arnett regarding the request to rezone property located at the south side of Arnett Drive and west of the Sharpsburg Pike, consisting of 5.18 acres (Parcel 114 - 3.07 acres and Parcel 589 - 2.11 acres.) Commissioner Baker reviewed procedures for the Public Hearing and County Clerk Vicki Lumm administered the oath to those who planned to give testimony in the matter. Jill Baker, Chief Planner, Planning and Zoning, presented the staff report dated April 2016 for RZ-16-00lon behalf of the Washington County Department of Planning and Zoning. The subject parcels are requested to be rezoned from RU — Residential, Urban to RM - Residential, Multi -Family. The Applicant has argued that a mistake was made in the property's RU zoning in 2012. Ms. Baker stated that the Planning Commission found there was sufficient justification to recommend approval of the request during its May 2, 2016 meeting. Deputy County Attorney Kirk C. Downey stated the County Commissioners have received a number of emails relating to the rezoning request prior to the beginning of this public hearing and that all of the emails received have been printed, circulated among the Commissioners and will be entered into the record. July 12, 2016 Page 11 Attorney Bruce Dean presented the Applicant's case for the requested map amendment. He then introduced Gordon Poffenberger, Engineer/Project Manager, Fox and Associates, 981 Mt. Aetna Road, Hagerstown, who discussed the proposed concept plan, noting that the property is located in an area where higher density growth is encouraged. Attorney Dean introduced Joe Caloggero, Vice President/Traffic Engineer, The Traffic Group, 9900 Franklin Square Drive, Suite H, Baltimore, who discussed the company's study of traffic patterns in the area. Commissioners Myers and Baker posed several questions to the applicant's representatives and witnesses regarding the current and projected traffic patterns. The hearing was opened for public comment. Sixteen individuals commented on concerns with increased traffic congestion, pedestrian traffic, public transportation, trespassing, increased crime and nearby commercial development. Karl Tasik, 18009 Samuel Circle, Hagerstown Derek Artz, 18137 Rench Road, Hagerstown Loretta Palmer, 10206 Sharpsburg Pike, Hagerstown Derek Artz, II, 1839 Woodside Drive, Hagerstown Annamarie Wise, 10304 Cold Harbor Drive, Hagerstown Ragan Artz, 17734 Rench Road, Hagerstown (Exhibit #1 —June 25, 2016 The Herald -Mail article on the Save Historic Antietam Foundation) Rick Chalker, 18121 Lyles Drive, Hagerstown Lauren Asbury, 9907 Stephanie Lane, Hagerstown Rich Roberts, 18117 Lyles Drive, Hagerstown Chris Omps, 18326 Rench Road, Hagerstown Earl Grove, 18429 Valentia Farm Road, Hagerstown Marlene Seifert, 18506 Rutledge Court, Hagerstown Debra Lee James, 18210 Lyles Drive, Hagerstown Walt Giebeig, 18001 Samuel Circle, Hagerstown Bernie Dean, 18713 Mary Flowers Way, Hagerstown Christopher Gentle, 10131 Roulette Drive, Hagerstown Attorney Dean presented rebuttal on behalf of the Applicant. Gordon Poffenberger displayed a concept plan (Exhibit #2) of the development and described the proposed townhomes that are 24 -feet wide with two -car garages. The Commissioners discussed the matter including whether the requested zoning classification (RM) would permit the construction of apartments. Mr. Downey affirmed that it would. Commissioner Myers asked for a show of hands from the audience whether traffic or crime was their primary concern. The response indicated that approximately each concern received 50% of the hands raised in the audience. July 12, 2016 Page 12 The Public Hearing was closed at 4:52 p.m. It was the consensus of the Commissioners to further discuss the matter during a future meeting. Mr. Downey advised that now that the record is closed, no further comments would be considered. The decision would be based on the evidence in the record at this time. ADJOURNMENT Commissioner Cline, seconded by Myers, moved to adjourn at 4:52 p.m. The motion passed unanimously. Gre orY.urraY�CouitYAdministrator � i John M. Martirano, ounty Attorney Vicki C. Lumm, County Clerk