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BOARD OF COUNTY COMMISSIONERS
August 8, 2017 Agenda 10:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Terry L. Baker
APPROVAL OF MINUTES – AUGUST 1, 2017 10:05 A.M. COMMISSIONERS’ REPORTS AND COMMENTS
10:10 A.M. REPORTS FROM COUNTY STAFF
10:15 A.M. CITIZENS PARTICIPATION 10:20 A.M. FORMAL ADOPTION OF REZONING DECISIONS – Kirk Downey, Deputy County
Attorney
10:30 A.M. CONTRACT RENEWAL (PUR-1229) LANDFILL INSPECTION SERVICES, REQUIREMENTS CONTRACT – Rick Curry, Director, Purchasing Department And Dave Mason, Deputy Director, Department Of Solid Waste
10:35 A.M. NATIONAL HEALTH CENTER WEEK (PROCLAMATION AWARD), AUGUST 13-19, 2017 - Kim Murdaugh, Family Healthcare of Hagerstown 10:45 A.M. COMMUNITY DEPUTY PROGRAM – Sheriff Doug Mullendore
10:50 A.M. PROPOSED RATE REDUCTION FOR RESIDENTIAL TARSH FOR LARGE
HAULERS - Julie Pippel, Director, Environmental Management and David Mason,
Deputy Director, Department of Solid Waste and Watershed Programs 10:55 A.M. CLOSED SESSION
(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; or any other
personnel matter that affects one or more specific individuals.)
11:15 A.M. Depart for 14421 Lake Royer Drive, Cascade MD
12:00 P.M. LUNCHEON AND CHECK PRESENTATION TO FORT RITCHIE COMMUNITY CENTER – Board Of County Commissioners
Terry L. Baker, President Jeffrey A. Cline, Vice President
John F. Barr Wayne K. Keefer LeRoy E. Myers, Jr.
100 West Washington Street, Suite 1101 | Hagerstown, MD 21740-4735 | P: 240.313.2200 | F: 240.313.2201
WWW.WASHCO-MD.NET
Open Session Item
SUBJECT: Formal Adoption of Rezoning Decisions
PRESENTATION DATE: August 8, 2017
PRESENTATION BY: Kirk C. Downey, Deputy County Attorney
RECOMMENDED MOTION: (1) Move to adopt the ordinance to approve the requested
reclassification of the property that is the subject of RZ-16-003 and to adopt the Decision and
Findings of Fact as prepared in support of the approval.
(2) Move to adopt the ordinance to approve the requested reclassification of the property
that is the subject of RZ-16-004 and to adopt the Decision and Findings of Fact as prepared in
support of the approval.
(3) Move to deny the requested reclassification of the property that is the subject of RZ-
16-007 and to adopt the Decision and Findings of Fact as prepared in support of the denial.
REPORT-IN-BRIEF: The Commissioners reached consensuses on requests for zoning
reclassifications. The appropriate formal documentation has been prepared and is ready for
adoption.
DISCUSSION: Pursuant to the Commissioners’ direction, proposed Ordinances (where
applicable), and Decisions and Findings of Fact have been prepared to finalize the requested
reclassifications.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Proposed Ordinances
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
ORDINANCE NO. ORD-2017-___
AN ORDINANCE TO AMEND THE ZONING MAP
FOR WASHINGTON COUNTY, MARYLAND
(RZ-16-003)
Pursuant to the provisions of Section 27.1 of the Zoning Ordinance for
Washington County, Maryland (Zoning Ordinance), VA AVE, LLC, the
Applicant, has petitioned the Board of County Commissioners for
Washington County, Maryland (Board), for a zoning reclassification and a
zoning map amendment of property owned by the Applicant and
consisting of 32.78 acres of land, more or less, situated on the south side of
Virginia Avenue adjacent to Interstate 70, Hagerstown, Maryland, and more
particularly identified in the Ordinance Amendment Application found in
the record herein.
The matter has been designated as Case No. RZ-16-003.
A public hearing was held on the application pursuant to Section 27.2 of
the Ordinance, where the Applicant and others presented evidence,
testimony, and information relating to the zoning reclassification.
The Board has considered all information presented at the public
hearing, the recommendation of the Planning Commission, and each of
those factors set forth in Md. Code Ann., Land Use § 4-204 and Section 27.3
of the Zoning Ordinance.
The Board has made factual findings and conclusions of law that are set
forth in the attached Decision. The findings of fact and conclusions of law
are incorporated herein.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the Board of
County Commissioners of Washington County, Maryland, that the
property which is the subject of Case No. RZ-16-003 be, and hereby is,
granted an Industrial Restricted (IR) zone classification.
IT IS FURTHER ENACTED AND ORDAINED that the official Zoning Map
be, and hereby is, amended accordingly. The Director of Planning and
Zoning shall cause the Zoning Map to be amended pursuant to this
Ordinance.
Adopted and effective this _____ day of August, 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
____________________________ BY: ________________________________
Vicki C. Lumm, Clerk Terry L. Baker, President
Approved as to form and
legal sufficiency:
____________________________
Kirk C. Downey
Deputy County Attorney
Mail to:
Office of the County Attorney
100 W. Washington Street, Room 202
Hagerstown, MD 21740
I:\Documents\Rezonings\ZONING MAP AMENDMENT - RZ-16-003 (VA AVE LLC)\ORD\Ordinance.DOC
ORDINANCE NO. ORD-2017-___
AN ORDINANCE TO AMEND THE ZONING MAP
FOR WASHINGTON COUNTY, MARYLAND
(RZ-16-004)
Pursuant to the provisions of Section 27.1 of the Zoning Ordinance for
Washington County, Maryland (Zoning Ordinance), ACH, LLC, the
Applicant, has petitioned the Board of County Commissioners for
Washington County, Maryland (Board), for a zoning reclassification and a
zoning map amendment of property owned by the Applicant and
consisting of 21.436 acres of land, more or less, situated on the south side
of Western Maryland Parkway adjacent to Md. Route 144, Hagerstown,
Maryland, and more particularly identified in the Ordinance Amendment
Application found in the record herein.
The matter has been designated as Case No. RZ-16-004.
A public hearing was held on the application pursuant to Section 27.2
of the Ordinance, where the Applicant and others presented evidence,
testimony, and information relating to the zoning reclassification.
The Board has considered all information presented at the public
hearing, the recommendation of the Planning Commission, and each of
those factors set forth in Md. Code Ann., Land Use § 4-204 and Section
27.3 of the Zoning Ordinance.
The Board has made factual findings and conclusions of law that are
set forth in the attached Decision. The findings of fact and conclusions of
law are incorporated herein.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED, by the Board of
County Commissioners of Washington County, Maryland, that the
property which is the subject of Case No. RZ-16-004 be, and hereby is,
granted a Highway Interchange (HI) zone classification.
IT IS FURTHER ENACTED AND ORDAINED that the official Zoning Map
be, and hereby is, amended accordingly. The Director of Planning and
Zoning shall cause the Zoning Map to be amended pursuant to this
Ordinance.
Adopted and effective this _____ day of August, 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
____________________________ BY: ________________________________
Vicki C. Lumm, Clerk Terry L. Baker, President
Approved as to form and
legal sufficiency:
____________________________
Kirk C. Downey
Deputy County Attorney
Mail to:
Office of the County Attorney
100 W. Washington Street, Room 202
Hagerstown, MD 21740
I:\Documents\Rezonings\ZONING MAP AMENDMENT - RZ-16-004 (ACH, LLC)\ORD\Ordinance.DOC
Open Session Item
SUBJECT: Contract Renewal (PUR-1229) Landfill Inspection Services – Requirements
Contract
PRESENTATION DATE: August 8, 2017
PRESENTATION BY: Rick Curry, CPPO, Director – Purchasing Department and Dave
Mason, P. E., Deputy Director – Department of Solid Waste
RECOMMENDED MOTION: Motion to renew the contract with Duffield Associates,
Inc., (DAI) of Carlisle, PA for a one (1) period commencing October 17, 2017 at the same terms
and conditions with the exception of a rate increase of 3% for construction inspection and
engineering services based on its letter of request dated July 26, 2017 as follows:
Contract Rates
Years 1, 2 & 3
Contract Rate
Year 4
Proposed
Contract Rate
Year 5
Construction Inspector
Hourly Rate for Straight Time: $60.75 $62.57 $64.45
Hourly Rate for Overtime: $84.35 $86.35 $88.94
Senior Construction Inspector
Hourly Rate for Straight Time: $69.15 $71.22 $73.36
Hourly Rate for Overtime: $96.15 $98.28 *$101.23
Project Manager
Hourly Rate for Straight Time: $96.00 $99.03 $102.00
Hourly Rate for Overtime: $96.00 $99.03 $102.00
Certification Engineer
Hourly Rate for Straight Time: $129.00 $132.87 $136.86
Hourly Rate for Overtime: $129.00 $132.87 $136.86
*Corrected calculation of 3% request
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
REPORT-IN-BRIEF: The services under this contract consist of providing inspection
services for landfill related construction projects located throughout the County. The projects
involve the construction of sanitary landfill floor construction, landfill capping, leachate
collection systems, leachate storage tanks, sediment basins, leachate collection pump station
construction, earthwork, landscaping, building construction inspection, mechanical and electrical
systems, monitoring wells and other related tasks. This is a requirements contract; inspectors are
utilized on an as-needed basis with no guarantee of minimum or maximum number of hours.
The duration of the contract is for a period of one (1) year that began October 17, 2013 with an
option by the County to renew for up to four (4) additional consecutive one (1) year periods.
DISCUSSION: N/A
FISCAL IMPACT: Funds are budgeted in individual project accounts for these
services.
CONCURRENCES: Division Director of Environmental Management
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Open Session Item
SUBJECT: Proclamation of National Health Center Week, August 13-19, 2017
PRESENTATION DATE: Tuesday, August 8, 2017
PRESENTATION BY: Kim Murdaugh
RECOMMENDED MOTION: Move to proclaim August 13-19, 2017 as National Health
Center Week and to recognize Family Healthcare of Hagerstown and Tri-State Community
Health Center (Hancock) as locally owned and operated community health centers serving
Washington County residents.
REPORT-IN-BRIEF: Washington County health centers are located in medically underserved
areas and serve as local engines for healthier communities. National Health Center Week offers
the opportunity to recognize the dedicated staff and board members of Family Healthcare of
Hagerstown and Tri-State Community Health Center.
DISCUSSION: N/A
FISCAL IMPACT: None
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Proclamation
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
, Executive Director of Family Healthcare of Hagerstown
Open Session Item
SUBJECT: Community Deputy Program
PRESENTATION DATE: August 8, 2017
PRESENTATION BY: Sheriff Doug Mullendore
RECOMMENDED MOTION: Approve the addition of a full-time Community Deputy to
work 10 hours in Sharpsburg, 10 hours in Keedysville, and 20 hours in Williamsport through a
cost sharing Agreement between those municipalities and the County
REPORT-IN-BRIEF: The Towns of Keedysville, Sharpsburg and Williamsport have
expressed interest in having additional law enforcement services through a Community Deputy.
The cost of the Community Deputy Program will be paid for through a cost sharing Agreement
between the municipalities and the County.
DISCUSSION: The Sheriff’s Office will be implementing a School Zone Speed Camera
Program in the fall. The County will use some of the proceeds from this Program as a cost
sharing with the municipalities to provide the requested law enforcement services. The Deputy
will work the designated hours requested by the municipalities with the understanding that this
Community Deputy will also respond on emergency calls outside of the municipality where they
may be the closest unit to the call.
FISCAL IMPACT: Salary and Benefits - $65,922.00
Uniforms and Equipment - $14,663.00
Vehicle and Equipment - $44,856.00
Total Cost - $125,441.00
CONCURRENCES: Mayor & Councils of the three municipalities.
ALTERNATIVES: Take no action.
ATTACHMENTS:
AUDIO/VISUAL NEEDS:
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Proposed Rate Reduction for Residential Trash for Large Haulers
PRESENTATION DATE: August 8, 2017
PRESENTATION BY: Julie Pippel, Director – Division of Environmental Management,
David A. Mason, P. E., Deputy Director – Department of Solid Waste and Watershed Programs
RECOMMENDED MOTION: Move to approve a new rate classification for large residential
trash haulers. The rate would be applied to haulers bringing in more than 10,000 ton per year.
The proposed rate is $40/ton.
REPORT-IN-BRIEF: Currently the County offers haulers that bring more than 1,000 tons per
year a rate of $45/ton. The proposed rate of $40/ton would only be applied to haulers that bring
more than 10,000 tons and only to residential trash. The regular rate for trash is $52/ton.
DISCUSSION: The County has been asked if they would consider a bulk user rate for
residential trash if a hauler were to bring in greater than 10,000 tons per year. In reviewing this
request, the Department has considered the following. Currently the landfill receives
approximately 200 tons of material each day; the additional trash from a residential bulk hauler
would increase this amount to 233 tons/day (or approximately 73 CY). This equates to 4-5
additional trucks per day at the landfill. The yearly totals would increase from approximately
60,000 tons to 70,000 tons.
Currently trash is placed in Cell 6/7 and there is 9-10 years remaining life in the cell at current
disposal volumes. With the potential of additional residential trash, the life would be reduced by
approximately 1 year. When looking at the overall landfill life, it would be reduced by
approximately 10 years. These calculations are based on current tonnage and a compaction rate
of 900 lbs. per cubic yard. Industry standards for compaction rates are 800-1000 lbs. per cubic
yard are good and 1,000-1,200 are considered excellent. Our compaction rate has improved over
the last three years. Staff anticipates no reduction in the compaction rate from this material.
Residential Trash brought to the site by commercial haulers equates to about 60% of the
residential trash brought to 40 West. Permit customers bring about 16% of the residential trash.
The cost to process residential trash from commercial haulers is less overall than the cost to
process trash from individual residential customers. Because of this factor, it allows the County
to review the costs separately in the rate model. Budget and Finance has run the rate model
including this new classification and determined that we can offer a new bulk rate for trash
haulers brining in over 10,000 tons per year. Please note that this trash would be restricted to
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
County residential properties. Additionally, it would result in bringing back tonnage which is
currently going out of State to private landfills.
FISCAL IMPACT: Potentially could increase Solid Waste Enterprise Fund Revenues
by $400,000
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Open Session Item
SUBJECT: Check Presentation to Fort Ritchie Community Center (FRCC)
PRESENTATION DATE: August 8, 2017
PRESENTATION BY: Board of County Commissioners of Washington County, MD
RECOMMENDED MOTION: To approve awarding $24,386.43 to FRCC
REPORT-IN-BRIEF: As part of its dissolution process, PenMar had funds in its bank account
after all obligations were met. Ms. Nipps requests a portion of the remaining funds be utilized by FRCC
for facility upgrades.
DISCUSSION: After the PenMar Development Corporation’s bank account was closed;
an insurance policy cancellation yielded an additional amount of $24,386.43 Ms. Nipps requests the funds be presented to the FRCC for use on its capital needs.
FISCAL IMPACT: None. Funding from PenMar Development.
CONCURRENCES: Washington County Administrator.
ALTERNATIVES: Utilize funding for other projects on Fort Ritchie.
ATTACHMENTS: July 20, 2017 letter from Dori Nipps to Commissioner Baker.
AUDIO/VISUAL NEEDS: None.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form