Loading...
HomeMy WebLinkAbout200811aJeffrey A. Cline, President Terry L. Baker, Vice President Krista L. Hart, Clerk BOARD OF COUNTY COMMISSIONERS August 11, 2020 OPEN SESSION AGENDA The meeting of the Board of County Commissioners of Washington County will be held at 100 West Washington Street, Suite 1113, Hagerstown. Due to Governor Hogan’s Executive Order and gathering restrictions, Board members will be practicing social distancing. County buildings remain closed to public access except by appointment. Therefore, there will be no public attendance in the meeting chambers. The meeting will be live streamed on the County’s YouTube and Facebook sites. 10:00 AM MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE CALL TO ORDER, President Jeffrey A. Cline 10:05 AM APPROVAL OF MINUTES: June 30, 2020, July 14, 2020, and July 21, 2020 10:10 AM COMMISSIONERS’ REPORTS AND COMMENTS 10:15 AM STAFF COMMENTS 10:20 AM CONVENE AS THE BOARD OF HEALTH 10:25 AM AUTHORIZE THE HEALTH OFFICER TO GRANT FUNDS TO REIMBURSE NURSING HOME FACILITIES IN WASHINGTON COUNTY RELATED TO COVID- 19 THROUGH CARES ACT (2020) COVID-19 PUBLIC HEALTH RESPONSE FUNDS – Earl Stoner, Health Officer; Daniel Triplett, Administrator 10:30 AM RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS 10:35 AM CARES ACT REALLOCATION DISCUSSION – Sara Greaves, CFO; Susan Buchanan, Director, Office of Grant Management; Tom Brown Jr., Emergency Manager, Emergency Services; Susan Small, Director, Business Development 10:45 AM BUDGET ADJUSTMENT – CONTINGENCY PROJECT – Sara Greaves, CFO 10:50 AM BUDGET ADJUSTMENT – VEH008 – Sara Greaves, CFO 11:00 AM PUBLIC HEARING: APPLICATION FOR ZONING MAP AMENDMENT RZ-20-001 Travis Allen Comprehensive Planner, Planning & Zoning 11:15 AM WASHINGTON COUNTY GAMING COMMISSION’S ANNUAL REPORT & FISCAL YEAR 2020 GAMING FUND ALLOCATION ANNOUNCEMENT – Susan Buchanan, Director, Office of Grant Management; Brian Getz, Chair, Gaming Commission 11:20 AM INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-20-0036)– PURCHASING CARD PROGRAM SERVICES – Rick Curry, Director, Purchasing 11:25 AM CONTRACT RENEWAL (PUR1429) – ACCOUNTING AND REVIEW SERVICES – Rick Curry, Director, Purchasing Wayne K. Keefer Cort F. Meinelschmidt Randall E. Wagner Page 2 of 2 OPEN Session Agenda August 11, 2020 Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting. 11:30 AM CONTRACT AWARD (PUR1478) – ARRAY PURE STORAGE CAPACITY – Rick Curry, Director, Purchasing; Josh O’Neal, Director, Information Systems 11:35 AM CHILD SUPPORT ENFORCEMENT AGENCY COOPERATIVE AGREEMENT – Valerie Buskirk, Sergeant, Sheriff’s Office; Allison Hartshorn, Grant Manager, Office of Grant Management 11:40 AM ACCEPTANCE OF DEDICATED RIGHT OF WAY – Todd Moser, Real Property Administrator 11:45 AM BUDGET ADJUSTMENT – EMERGENCY TRAFFIC SIGNAL REPAIRS – Scott Hobbs, Director, Engineering 11:50 AM INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-20-0041) ONE TORO 5800 SPRAYER – Brandi Naugle, Buyer, Purchasing; George Sweitzer, Assistance Superintendent, Black Rock Golf Course 11:55 AM INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-20-0040) ONE MACK TRUCK CHASSIS CAB WITH DUMP BODY – Brandi Naugle, Buyer, Purchasing; John Swauger, Stormwater Management Coordinator, Water Quality 12:00 PM INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-20-0043) UTILIZIN THE MARYLAND STATE HIGHWAY ADMINISTRATION CONTRACT LINE STRIPNG – Brandi Naugle, Buyer, Purchasing; Zane Rowe, Deputy Director, Public Works; Doug Levine, Traffic Supervisor, Highway Department 12:05 PM BROWNFIELD REVITALIZATION INCENTIVE PROGRAM ORDINANCE FOR WASHINGTON COUNTY – Susan Small, Director, Business Development 12:10 PM 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 12:40 PM ADJOURNMENT Open Session Item SUBJECT: Convene as Board of Health: Authorize the Health Officer to grant funds to reimburse Nursing Home facilities in Washington County related to COVID-19 through CARES Act (2020) Covid-19 Public Health Response Funds PRESENTATION DATE: August 11, 2020 PRESENTATION BY: Earl Stoner, Health Officer; Daniel Triplett, Administrator RECOMMENDED MOTION: Authorize the Health Officer to execute contracts with Nursing Home facilities in Washington County for supplies, equipment and testing purchased/procured by the Nursing Homes specifically to address the COVID-19 pandemic. This will be for up to $250,000.00 per Nursing Home for a total not to exceed of $2 million in CARES Act (2020) Public Health Response funds. REPORT-IN-BRIEF: The Washington County Health Department has been provided funding through the federal CARES Act (2020) via the Maryland Department of Health to support the Public Health Response to COVID-19 in Washington County. As key partners in battling the public health impact of the COVID-19 pandemic, the health department has set aside $2,000,000.00 to assist Nursing Homes in Washington County by reimbursing for supplies, equipment and testing necessary to combat COVID-19. The supplies, equipment and testing must have been or will be purchased between March 19, 2020 – December 30, 2020 and necessary to combat the COVID-19 pandemic; were not previously included in any of Nursing Homes’ operational budgets prior to March 27, 2020 and are not reimbursable to the Nursing Homes through any other federal or State source of funds. DISCUSSION: N/A FISCAL IMPACT: No money is being requested. 100% of funds used for reimbursement are federal funds available through the CARES ACT (2020). CONCURRENCES: N/A ATTACHMENTS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: CARES Act Reallocation Discussion PRESENTATION DATE: August 11, 2020 PRESENTATION BY: Sara Greaves, Chief Financial Officer, Susan Buchanan, Director Office of Community Grant Management, Susan Small, Director of Business Management, Tom Brown, Jr, Emergency Manager RECOMMENDED MOTION: Move to accept/approve a reallocation spending plan completed by staff for the non-healthcare portion of the CARES ACT funding awarded to Washington County. REPORT-IN-BRIEF: On July 14, 2020 staff presented an overview of the current status of the non-healthcare portion of the CARES Act funding. On July 21, 2020 staff returned and were advised to return to the August 11, 2020 meeting with a written recommendation for reallocation. DISCUSSION: Eligible expenditures are those made between March 1, 2020 and December 30, 2020 and must not have been accounted for in the most recently approved budget. In addition, loss of revenue and Emergency Operations Center costs do not qualify. Together We Serve – Susan Buchanan update. Together We Rise – Susan Small update. IT Projects and Miscellaneous – Tom Brown update. Of the two options provided, staff recommends option #1 as it is the option that recognizes areas which have the highest need for assistance and still remain within the qualifications of the awarded funding. FISCAL IMPACT: The non-healthcare portion of the Coronavirus Relief Fund provides for $13M in funding. CONCURRENCES: Interim County Administrator ALTERNATIVES: None ATTACHMENTS: Reallocation Spending Plan Option #1 and Option #2 AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Option #1 Re-open and change guidelines of the Business Stabilization Project – Allow start-up businesses established and operational September 2019 to March 2020 to apply. Other established business who have NOT previously applied would also be eligible to apply. o Start-up businesses will be asked to provide a legible business plan and projected profit & loss statements, and/or accurate current profit & loss statements from the most recent months in business, in addition to all other applicable tax documentation and the “Rise Up” application to riseup@washco-md.net. o Begin start-up business grant opening on August 12th at 8am and close September 8th at midnight (4 weeks). o Process any remaining applications (until September 29th) and re-evaluate for next steps. (see below) If additional funding remains after expanding the qualifications to businesses, The County would offer a re-application period beginning October 5th and close October 26th (4 weeks). o Businesses who have already received a grant award may reapply for up to $5,000 of a second award. o Businesses must show additional profit & loss statements for June, July, August and September with additional narrative showing the operational hardship they’ve incurred during those months. o Guidelines and Application will be updated to reflect changes. o Grants would continue to be first come, first serve until remaining funds are expended. Reallocate $600,000 from the non-profit stabilization project to be distributed by the Community Action Council for Covid-19 Emergency Housing and Utility Assistance. o These funds will be distributed through the organizations existing program structures to households facing financial hardship due to the Covid-19 pandemic. o Individuals will receive assistance with rent, mortgage, and eligible utility payments. o Guidance from the U.S. Treasury indicates that these types of programs are eligible uses of the CARES funding as long as funds do not pay taxes or utility payments to government entities. The remaining $196,465 will remain in the Together We Serve grant which will be given an end date of August 25. Any remaining funds which are not allocated at that time will be placed in Miscellaneous category for potential allocation to other needs that emerge in the Fall. Reserve $500,00 from the Miscellaneous Fund for tourism. o Start with $80,000 for the digital campaign (local company) and truck wrap on I- 81 to drive overnight hotel occupancy (HRT), retail and restaurant and Heritage tourist (Washington Post) – historic traveler, stay longer and spend more money. o Educate the public about what activities may be resumed and steps taken to ensure a safe experience in Washington County. o Remaining balance reserved for spring deliverables for a normal summer travel season with any additional activities to be resumed safely. Economic Impact – Tourism o 5,202 employed in tourism in Washington County o The normal average daily hotel rate for this time of year is $86.44, the lodging tax is 6%, the County fund and the CVB get ½ of this. o Current occupancy data: ***Option #1 will leave approximately $1.2M in the Miscellaneous project for unanticipated needs later in the year. 7/12 thru 7/19 2020 48.2% $77.74 $617,158 7/12 thru 7/19 2019 71.7% $86.44 $1,000,028 -32.8% -32.8% -38.3% Option #2 Re-open and change guidelines of the Business Stabilization Project – Allow start-up businesses established and operational September 2019 to March 2020 to apply. Other established business who have NOT previously applied would also be eligible to apply. o Start-up businesses will be asked to provide a legible business plan and projected profit & loss statements, and/or accurate current profit & loss statements from the most recent months in business, in addition to all other applicable tax documentation and the “Rise Up” application to riseup@washco-md.net. o Begin start-up business grant opening on August 12th at 8am and close September 8th at midnight (4 weeks). o Process any remaining applications (until September 29th) and re-evaluate for next steps. (see below) Any remaining funding would be moved to the Miscellaneous project to be utilized for needs that are recognized later in the year. Reallocate $600,000 from the non-profit stabilization project to be distributed by the Community Action Council for Covid-19 Emergency Housing and Utility Assistance. o These funds will be distributed through the organizations existing program structures to households facing financial hardship due to the Covid-19 pandemic. o Individuals will receive assistance with rent, mortgage, and eligible utility payments. o Guidance from the U.S. Treasury indicates that these types of programs are eligible uses of the CARES funding as long as funds do not pay taxes or utility payments to government entities. The remaining $196,465 will remain in the Together We Serve grant which will be given an end date of August 25. Any remaining funds which are not allocated at that time will be placed in Miscellaneous category for potential allocation to other needs that emerge in the Fall. ***Option #2 will leave a considerably larger funding amount within the Miscellaneous project for unanticipated needs later in the year. Open Session Item SUBJECT: Budget Adjustment – Contingency Project PRESENTATION DATE: August 11, 2020 PRESENTATION BY: Sara Greaves, Chief Financial Officer RECOMMENDED MOTION: Move to approve a budget adjustment for Project ADM002 REPORT-IN-BRIEF: The FY20 Capital Budget included $500,000 in the contingency project (ADM002) for the purpose of providing funding for capital maintenance to the BOE. DISCUSSION: Two potential funding mechanisms were to be contemplated to provide for capital maintenance for BOE projects; 1) Energy Service Company (ESCO) or 2) Additional IAC funding. The funding was to be used for the most cost effective of the two, the one leading to greater return on investment. This evaluation was not able to be made, as no proposal was awarded for the ESCO evaluation. FISCAL IMPACT: $500,000 CONCURRENCES: N/A ALTERNATIVES: Do not move funding to reserves ATTACHMENTS: Budget Adjustment Form AUDIO/VISUAL TO BE USED: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Department Head Authorization Budget & Finance Director Approval County Administrator Approval Required > $ 25,000 with date Washington County, Maryland Budget Adjustment Form Explain Budget Adjustment Budget Transfer - Moves revenues or expenditures from one account to another or between budgets or funds. Budget Amendment - Increases or decrease the total spending authority of an accounting fund or department County Commissioners Approval Transaction/Post -Finance Deputy Director - Finance Preparer, if applicable Expenditure / Account Number Fund Number Department Number Project Number Grant Number Activity Code Department and Account Description Increase (Decrease) + / - Required approval with date Required approval with date If applicable with date Required approval with date Division Director / Elected Official Authorization Required Action by County Commissioners No Approval Required Approval Required Approval Date if Known Print Form $500,000 was being held as an allowance for the BOE based on the greater return on investment from either an ESCO or IAC funding. No proposals moved forward. The funding will revert back to reserves. Kelcee Mace Digitally signed by Kelcee Mace Date: 2020.01.28 15:30:26 -05'00' Misty Rosenberry Digitally signed by Misty Rosenberry Date: 2020.01.28 15:27:05 -05'00' 498710 30 10500 ADM002 0000 Capital Transfer - General -500,000 599999 30 10500 ADM002 CONT Controllable Assets -500,000 Sara Greaves Digitally signed by Sara Greaves Date: 2020.01.28 15:39:23 -05'00' Open Session Item SUBJECT: Budget Adjustment – VEH008 PRESENTATION DATE: August 11, 2020 PRESENTATION BY: Dave Hays, Director of Emergency Services RECOMMENDED MOTION: Move to approve a budget adjustment for Project VEH008 REPORT-IN-BRIEF: The budget adjustment is needed to move funds from operating to capital due to a large purchase being delayed. DISCUSSION: The turn-out gear was ordered in February, but due to a delay in manufacturing the order could not be fulfilled by June 30. Funds should be moved for the gear into the Capital project so that they can be utilized for the purchase. FISCAL IMPACT: $0 CONCURRENCES: N/A ALTERNATIVES: Do not move funding to Capital ATTACHMENTS: Budget Adjustment Form AUDIO/VISUAL TO BE USED: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Department Head Authorization Budget & Finance Director Approval County Administrator Approval Required > $ 25,000 with date Washington County, Maryland Budget Adjustment Form Explain Budget Adjustment Budget Transfer - Moves revenues or expenditures from one account to another or between budgets or funds. Budget Amendment - Increases or decrease the total spending authority of an accounting fund or department County Commissioners Approval Transaction/Post -Finance Deputy Director - Finance Preparer, if applicable Expenditure / Account Number Fund Number Department Number Project Number Grant Number Activity Code Department and Account Description Increase (Decrease) + / - Required approval with date Required approval with date If applicable with date Required approval with date Division Director / Elected Official Authorization Required Action by County Commissioners No Approval Required Approval Required Approval Date if Known Print Form OG was ordered in February but due to a delay in manufacturing the order is not expected to be fulfilled by June 30. Moving remaining funds for gear into the CIP project notated. Kelcee Mace Digitally signed by Kelcee Mace Date: 2020.05.21 14:17:19 -04'00' Misty Rosenberry Digitally signed by Misty Rosenberry Date: 2020.04.07 13:25:08 -04'00' 599999 10 11525 000000 000000 0000 Controllable Assets - Firefighter Turnout Gear -55,420 502000 10 91230 000000 000000 0000 Appropriations 55,420 498710 30 10500 VEH008 000000 0000 Capital Transfer - General 55,420 599999 30 10500 VEH008 000000 VHCL General - Equip and Vehicle Replacement Program 55,420 Open Session Item SUBJECT: PUBLIC HEARING - Application for Zoning Map Amendment RZ-20-001 PRESENTATION DATE: August 11, 2020 PRESENTATION BY: Travis Allen, Comprehensive Planner, Department of Planning and Zoning RECOMMENDED MOTION: The purpose of this public hearing is to take public comment on the rezoning application. The Commissioners have the option to reach a consensus to either approve or deny the request after the public hearing closes or deliberate on the issue at a later date. REPORT-IN-BRIEF: Application is being made to rezone four properties totaling 11.64 acres along Hopewell Road from the current Highway Interchange (HI) to Residential Transition (RT). DISCUSSION: The applicant Jone L. Bowman Residuary Trust and Linda Lou Ebersole Family Irrevocable Trust seek a map amendment for four properties located at 11107, 11111, 11115 and 11119 Hopewell Rd. The factors to be considered in a request for a map amendment are listed in Article 27.3 of the Washington County Zoning Ordinance. Primarily, the applicant must demonstrate that there has been a change in the character of the neighborhood since the time of the last comprehensive zoning plan, or a mistake made in the zoning designation placed on the property at that same time. For these two properties, the Comprehensive Rezoning of the Urban Growth Area in 2012 is the point from which “Change or Mistake” should be evaluated. The applicant is claiming a “Mistake” was made in 2012 in their request. This item was presented to the Washington County Planning Commission at a Public Information Meeting held during their regular meeting on May 18, 2020. It was then brought back for recommendation at the June 1, 2020 meeting, where the members unanimously recommended for approval of the proposed map amendment. Thus far, one written public comment has been received in favor of the proposed rezoning. No public comments were made during the Public Information Meeting. FISCAL IMPACT: N/A CONCURRENCES: Washington County Planning Commission ALTERNATIVES: N/A ATTACHMENTS: Application, staff report, Planning Commission recommendation, approved Planning Commission minutes and written public comments AUDIO/VISUAL NEEDS: none Board of County Commissioners of Washington County, Maryland Agenda Report Form I� i) Washington County FOR PLANNING OMMISSION US ONLY Rezoning No. _ - �d d0 Date Filed: /-a0-a600 WASHINGTON COUNTY PLANNING COMMISSION ZONING ORDINANCE MAP AMENDMENT APPLICATION The Jone L. Bowman Residuary Trust Applicant 10228 Governor Lane Blvd #3004 Williamsport MD 21795 Address Thomas O. Britner, Esquire Primary Contact 10228 Governor Lane Blve #3004 Williamsport MD 21795 Address Property Location: Tax Map: 48 @Property Owner oAttorney ❑Other: ❑Contract Purchaser ❑Consultant (301) 223 1076 Phone Number TBritner@DMBowman.com E-mail Address 11115, 11111, & 11107 Hopewell Road Hagerstown, Maryland 21740 Grid: 22 Parcel No.:246 Acreage: 8.0251 Current Zoning: HI (Highway Interchange) Requested Zoning: RT (Rural, Transition) Reason for the Request: ❑ Change in the character of the neighborhood A Mistake in original zoning PLEASE NOTE: A Justification Statement is required for either reason. THOMAS OLIVER BRITNER NOTARY PUBLIC WASHINGTON COUNTY MARYLAND MY COMMISSION WIRESNOVE S S. Applicant's Signature Subscribed and sworn before me this o?/sr day of.IJ" ayw-J (,�20� QQ My commission expires on I 8e22-J2 0-Y, Notary Public FOR PLANNING COMMISSION USE ONLY ❑ Application Form ❑ Fee Worksheet ❑ Application Fee ❑ Ownership Verification ❑ Boundary Plat (Including Metes & Bounds) ❑ Names and Addresses of all Adjoining & Confronting Property Owners ❑ Vicinity Map ❑ Justification Statement ❑ 30 copies of complete Application 01 Washington County FOR PLANNING COMMISSION USE ONLY Rezoning No. �L7-ao 601 Date Filed: l—c2h-Wgo WASHINGTON COUNTY PLANNING COMMISSION ZONING ORDINANCE MAP AMENDMENT APPLICATION Linda Lou Ebersole Family Irrevocable Trust Applicant 11119 Hopewell Road, Hagerstown, Maryland 21795 Address Thomas O. Britner, Esquire Primary Contact 10228 Governor Lane Blvd #3004 Williamsport, MD 21795 Address Property Location: Tax Map: 48 Current Zoning: AProperty Owner oAttorney ❑Other: ❑Contract Purchaser ❑Consultant (301) 223 1076 Phone Number TBritner@DMBowman.com E-mail Address 11119 Hopewell Road, Hagerstown, Maryland 21795 Grid: 22 Parcel No.: 246 Acreage: 3.6176 HI (Highway Interchange) Requested zoning: RT (Rural Transition) Reason for the Request: ❑ Change in the character of the neighborhood A Mistake in original zoning PLEASE NOTE: A Justification Statement is required for either reason. THOMAS OLIVER BRITNER NOTARY PUBLIC(r" C 1� WASHINGTON COUNTY MARYUND Applicants Signature MY COMMISSION I NOVEMBERS 2021 Subscribed and sworn before me this a0#7 day of 20 a�,�_. My commission expires on M /goa o / 6 .. FOR PLANNING COMMISSION USE ONLY ❑ Application Form ❑ Fee Worksheet ❑ Application Fee ❑ Ownership Verification ❑ Boundary Plat (Including Metes & Bounds) ❑ Names and Addresses of all Adjoining & Confronting Property Owners ❑ Vicinity Map ❑ Justification Statement ❑ 30 copies of complete Application WASHINGTON COUNTY DEPARTMENT OF PLANNING & ZONING FEE WORKSHEET FOR PLANNING COMMISSION USE ONLY Rezoning No. —Da Date Filed: PLEASE COMPLETE ONLY THE SECTION THAT APPLIES. Applicant's Name: The ron,E,eo,..nR.dd..,T.M&Li.dxtu.EWe.I.F.dl, T��t Date:1/2012020 Zoning Ordinance Map Amendment ... . ...... ............ . . ...... $ 2,000.00 Number of Acres * 11.64 x $20.00 [1 acre minimum] per acre ...... ............................ .......$ 232.80 Engineering Review Fee ..................... ............. $ 150,00 Technology Fee ........................................... 15.00 2397.80 *Minimum charge of $20.00 [if less than one mendment.......... ...................................... $ 2,000.00 Choose One: ❑ Adequate Public Facilities Ordinance `-❑ Forest Conservation Ordinance Li Solid Waste Plan o Subdivision Ordinance ❑ Water and Sewer Plan ❑ Zoning Ordinance ❑ Other: Technology Fee ..... ..................................... E_15.00 TOTAL FEES DUE -TEXT AMENDMENT..... $ 2,015.00 ....................................$ 25.00 Technology Fee ................................................. 15.00 Please make checks payable to "Washington County Treasurer". Washington County WASHINGTON COUNTY PLANNING COMI ZONING ORDINANCE MAP AMENDMENT REQUIRED APPLICATION MATERIALS CHECKLIST All materials must be clearly labeled (Original plus 30 copies of all materials are required) Q 3 , S. 1 4er Lof1,3, 4 /1. Application Form: A completed and signed application form. .21a37.%v4r1. 4 Aa 2. Fee Worksheet and Application Fee: A completed Fee Worksheet and the /Application Fee must be submitted at the time application is made. Checks must be made payable to the "Washington County Treasurer". 3.Ownership Verification: Proof of ownership interest in the subject property, including a copy of the current deed to the property; OR, if the application is made by a contract purchaser, a copy of the fully -executed Contract of Sale. _ 4. Boundary Plat: A boundary description, including metes and bounds, prepared and sealed,py a land surveyor regist in the State of Maryland. S. List of th Names and A esses for all Adioinine and Confrontine Property Owners: A lisO he es and addresses, obtained from the latest property tax assessment re or owners of adjoining or confronting properties, improved or unimproved, i uding perties separated by streets, railroads, or other rights -of - ways. (Must have house numbers or P.O. box numbers.) 6. Vicinity Map: An 8 '/z" x 11" page size map showing the zoning of all property within 1,000 feet of the site. / 7. justification Statement; A written explanation of the reasons why the map amendment is being sought, setting forth in sufficient detail to properly advise County officials as to the justifications for the rezoning change. Applications for floating zones shall include such information as required by the respective Articles of the Ordinance. Other applications must address the following information: . a. A statement as to whether or not there is evidence of mistake in the current zoning, and, if so, the nature of the mistake and the facts to support the allegation. b. A statement as to whether or not there is evidence of a substantial change to the character of the neighborhood subsequent to the most recent comprehensive rezoning including the nature of the change, all facts to support the allegations, and a description of the neighborhood. SDAT: Real Property Search Page 1 of 2 [Zeal Property Data Search Search Result for WASHINGTON COLN rY View Map View Ground Rent Redemption View Ground Rent Registration Special Tax Recapture: None Account Identifier: District - 26 Account Number - 004535 Owner Information Owner Name: EBERSOLE LINDA LOU TRUSTEE Use: RESIDENTIAL & Principal Residence: YES MERING DONALD R TRUSTEE Mailing Address: 11119 HOPEWELL RD Deed Reference: /01702/ 00896 HAGERSTOWN MD 21740-2104 Location & Slructure Information Premises Address: 11119 HOPEWELL RD Legal Description: LOT 1 3.6176 ACRES HAGERSTOWN 21740-0000 11119 HOPEWELL RD Map: Grid: Parcel: Neighborhood: Subdivision: Section: Block: Lot: Assessment Year: Plat No: 6462 0048 0022 0246 26020527.22 0000 1 2020 Plat Ref: Special Tax Areas: None Town: None Ad Valorem: None Tax Class: None Primary Structure Built Above Grade Living Area Finished Basement Area Property Land Area County Use 1820 3,660 SF 3.6100 AC Stories Basement Type Exterior Quality Full/Half Garage Last Notice of Major Bath Improvements 2 YES STANDARD BRICK/ 5 3 full/ 1 half 1 UNIT SIDING Detached Value Information Base Value Value Phase -in Assessments As of As of As of 01/01/2020 07/01/2019 07/01/2020 Land: 86,100 86,100 Improvements 303,600 311,100 Total: 389,700 397,200 389,700 392,200 Preferential Land: 0 0 Transfer Information Seller: BOWMAN JONE L ET AL Date: 10/04/2001 Price: $0 Type: NON -ARMS LENGTH OTHER Deed1: /01702/ 00896 Deed2: Seller: BOWMAN JONE L Date: 12/28/2000 Price: $0 Type: NON -ARMS LENGTH OTHER Deed1: /01620/ 00351 Deed2: Seller: CHAPMAN JAMES J JR Date: 03/28/1996 Price: $280,000 Type: ARMS LENGTH IMPROVED Deed1: /01618/ 00183 Deed2: Exemption Information varuai exempt crass 07/01/2019 07/01/2020 Assessments: County: 000 0.00 State: 000 0.00 Municipal: 000 0.0010.00 0.0010.00 Special Tax Recapture: None Homestead Application Information Homestead Application Status: No Application https://sdat.dat.malyland.gov/RealPropel-ty/Pages/default.aspx 1/22/2020 SDAT: Real Property Search Page 1 of 1 Real Property Data Search Search Result for WASHINGTON COUNTY View Map View GroundRenl Redemption View Ground Rent Registration Special Tax Recapture: None Account Identifier: District - 26 Account Number - 041597 Owner Information Owner Name: BOWMAN DONALD M TRUSTEE Use: COMMERCIAL Principal Residence: NO Mailing Address: 10228 GOVERNOR LN BLVD #3002 Deed Reference: /05210/ 00033 WILLIAMSPORT MD 21795-4064 Location & Structure Information Premises Address: 11107 HOPEWELL RD Legal Description: LOT 4 1.8975 ACRES HAGERSTOWN 21740-0000 11107 HOPEWELL RD Map: Grid: Parcel: Neighborhood: Subdivision: Section: Block: Lot: Assessment Year: Plat No: 6462 0048 0022 0246 30000.22 0000 4 2018 Plat Ref: Special Tax Areas: None Town: None Ad Valorem: None Tax Class: None Primary Structure Built Above Grade Living Area Finished Basement Area Property Land Area County Use 1.8900 AC 000000 Stories Basement Type Exterior Quality Full/Half Bath Garage Last Notice of Major Improvements Value Information Base Value Value Phase -in Assessments As of As of As of 01/01/2018 07/01/2019 07/01/2020 Land: 66,100 66,100 Improvements 0 0 Total: 66,100 66,100 66,100 66,100 Preferential Land: 0 0 Transfer Information Seller: BOWMAN JONE L Date: 04/25/2016 Price: $0 Type: NON -ARMS LENGTH OTHER Deedl: /05210/ 00033 Deed2: Seller: Date: Price: $0 Type: Deedl: /01618/ 00183 Deed2: Seller: Date: - Price: - Type: Deedl: Deed2: Exemption Information Partial Exempt Assessments: Class 07/01/2019 07/01/2020 County: 000 0.00 State: 000 - 0.00 Municipal: 000 0.0010.00 0.0010.00 Special Tax Recapture: None Homestead Application Information Homestead Application Status: No Application Homeowners' Tax Credit Application Information Homeowners' Tax Credit Application Status: No Application Date: https://sdat.dat.maryland.gov/RealProperty/Pages/default.aspx 1/22/2020 SDAT: Real Property Search Page 1 of 1 Real Property Data Search Search Result for WASHINGTON COUNTY _View Map _____ View Ground Rent Redemptron ___ _ View GroundRent Re-gistrwition_ Special Tax Recapture: None Account Identifier: District - 26 Account Number - 041600 Owner Information Owner Name: BOWMAN DONALD M TRUSTEE Use: COMMERCIAL Principal Residence: NO Mailing Address: 10228 GOVERNOR LN BLVD #3002 Deed Reference: /05210/ 00033 WILLIAMSPORT MD 21795-4064 Location & Structure Information Premises Address: 11111 HOPEWELL RD Legal Description: LOT 3 2.9608 ACRES HAGERSTOWN 21740-0000 11111 HOPEWELL RD Map: Grid: Parcel: Neighborhood: Subdivision: Section: Block: Lot: Assessment Year: Plat No: 6462 0048 0022 0246 30000.22 0000 3 2018 Plat Ref: Special Tax Areas: None Town: None Ad Valorem: None Tax Class: None Primary Structure Built Above Grade Living Area Finished Basement Area Property Land Area County Use 2.9600 AC 000000 Stories Basement Type Exterior Quality Full/Half Bath Garage Last Notice of Major Improvements Value Information Base Value Value Phase -in Assessments As of As of As of 01/01/2018 07/01/2019 07/01/2020 Land: 97,000 97,000 Improvements 0 0 Total: 97,000 97.000 97,000 97,000 Preferential Land: 0 0 Transfer Information Seller: BOWMAN JONE L Date: 04/25/2016 Price: $0 Type: NON -ARMS LENGTH OTHER Deed1: /05210/ 00033 Deed2: Seller: Date: Price: $0 Type: Deed1:/01618/00183 Deed2: Seller:. Date: Price:..._ Type: Deed1: Deed2: Exemption Information Partial Exempt Assessments: Class 07/01/2019 07/01/2020 County: 000 0.00 State: 000 0.00 Municipal: 000 0.0010.00 0.0010.00 Special Tax Recapture: None Homestead Application Information Homestead Application Status: No Application Homeowners' Tax Credit Application Information Homeowners' Tax Credit Application Status: No Application Date: https://sdat.dat.maryland.gov/RealProperty/Pages/default.aspx 1/22/2020 SDAT: Real Property Search Page I of I Real Property Data Search Search Result for WASHINGTON COUNTY View Map View Ground Rent Redemption View Ground Rent Registration Special Tax Recapture: None Account Identifier: District - 26 Account Number - 041619 Owner Information Owner Name: BOWMAN DONALD M TRUSTEE Use: COMMERCIAL Principal Residence: NO Mailing Address: 10228 GOVERNOR LN BLVD #3002 Deed Reference: /05210/ 00033 WILLIAMSPORT MD 21795-4064 Premises Address: 11115 HOPEWELL RD Legal Description: LOT 2 3.1668 ACRES HAGERSTOWN 21740-0000 11115 HOPEWELL RD Map: Grid: Parcel: Neighborhood: Subdivision: Section: Block: Lot: Assessment Year: Plat No: 6462 0048 0022 0246 30000.22 0000 2 2018 Plat Ref: Special Tax Areas: None Town: None Ad Valorem: None Tax Class: None Primary Structure Built Above Grade Living Area Finished Basement Area Property Land Area County Use 3.1600 AC 000000 Stories Basement Type Exterior Quality Full/Half Bath Garage Last Notice of Major Improvements Value Information Base Value Value Phase -in Assessments As of As of As of 01/01/2018 07/01/2019 07/01/2020 Land: 103,600 103,600 Improvements 0 0 Total: 103,600 103,600 103,600 103,600 Preferential Land: 0 0 Transfer Information Seller: BOWMAN JONE L Date: 04/25/2016 Price: $0 Type: NON -ARMS LENGTH OTHER Deed1: /05210/ 00033 Deed2: Seller: Date: Price: $0 Type: Deed 1: /01618/ 00183 Deed2: Seller: Date: Price: Type: Deed1: Deed2: Exemption Information Partial Exempt Assessments: Class 07/01/2019 07/01/2020 County: 000 0.00 State: 000 0.00 Municipal: 000 0.0010.00 0.0010.00 Special Tax Recapture: None Homestead Application Information Homestead Application Status: No Application Homeowners' Tax Credit Application Information Homeowners' Tax Credit Application Status: No Application Date: https:/sdat.dat.mai-fland.gov/RealProperty/Pages/default.aspx 1/22/2020 I—) Thomas O. Britner, Esquire 10228 Governor Lane Blvd. Suite #3004 KF-CEIVED Williamsport, Maryland 21795 January 20, 2020 JAN 2 12020 WASHINGTON COUNTY Department of Planning & Zoning PANNING DEPARTMENT Washington County Admin. Complex 100 W. Washington Street, Suite 2600 Hagerstown, Maryland 21740 Re: Justification Statement for Piecemeal Rezoning of 11119,11115, 11111, & 11107 Hopewell Road Hagerstown, Maryland 21740 Dear Sir or Madam: I represent the Linda Lou Ebersole Family Irrevocable Trust and the Jone L. Bowman Residuary Trust (collectively referred to as the "Applicant'). On behalf of the Applicant, please accept this letter as the required Justification Statement for the requested rezoning (i.e. down - zoning) of the Property (defined below) from its current HI (Highway Interchange) classification to an RT (Residential, Transition) classification. All referenced exhibits are hereby incorporated as part of this letter. The Linda Lou Ebersole Family Irrevocable Trust is the title owner 11119 Hopewell Road, Hagerstown, Maryland 21740 ("Lot 111). The Jone L. Bowman Residuary Trust is the title owner of 11115, 11111, & 11107 Hopewell Road, Hagerstown, Maryland 21740 ("Lot 211, "Lot 3" & "Lot 4" respectively). For purposes of this letter, the term "Property" shall collectively refer to Lot 1, Lot 2, Lot 3, and Lot 4. The Property is described on Tax Map 48 as Parcel 246, and is more accurately described on Plat No. 6462 attached as Exhibit 1. Situated upon Lot 1 is a fully restored historical farmhouse and outbuildings (known as the Chapman Farm) originally built circa 1820. The farmhouse has been used by Mr. and Mrs. Ebersole as their permanent residence for the last twenty (20) years. Current Zoning A vicinity map showing the current HI zoning classification of the Property as well as the zoning classifications of the adjacent and surrounding properties is attached as Exhibit 2. The Property's current HI zoning was granted during the 2012 Comprehensive Rezoning (hereinafter the "2012 Rezoning"). The County originally proposed RT zoning for the Property in connection with the 2012 Rezoning. The County's original proposal is shown on page 5 item #22 on the spreadsheet entitled Requests and Comments to County Commissioners Received During UGA Public Hearing July 26, 2011, a copy of which is attached as Exhibit 3. However, the Applicant requested that the Property be rezoned HI rather than RT. This request was set forth in the July 26, 2011 letter to the Washington County Board of County Commissioners (hereinafter the "Request Letter") attached as Exhibit 4. The Request Letter set forth three (3) main arguments justifying Applicant's request that the Property be zoned HI: (i) HI zoning of the Property would be consistent with the adjacent property to the North' (hereinafter "Parcel 245"); (ii) the Property is in close proximity to Interstate 81; and (iii) the Applicant anticipated that the most likely use of the Property would be commercial development in conjunction with the adjacent property to the South (hereinafter "Parcel 695"). Based upon the arguments set forth in the Request Letter submitted by the Applicant, the County rezoned the Property HI as part of the 2012 Rezoning. Mistakes in 2012 Rezoning The Applicant now contends that the HI zoning assigned to the Property as a result of the 2012 Rezoning constituted a good -faith mistake. The Applicant has submitted a Zoning Ordinance Map Amendment Application respectfully requesting that the Property be rezoned (i.e. down -zoned) from HI to RT. As per Maryland case law, to sufficiently demonstrate "mistake" the petitioning party must show that existing facts, or reasonable future projects or trends, were not taken into consideration at the time of the zoning. See generally, Boyce v. Sembly 334 A.2d 137, 142-143 (Md. App. 1975); and White v. Spring, 109 Md. App. 692, 675 A. 2d 1023 (1996). Moreover, with regard to the question of original mistake, "when the assumption upon which a particular use is predicated proves, with the passage of time, to be erroneous, this is sufficient to authorize a rezoning." Mayor and Council of Rockville v. Stone, 271 Md. 655, 662 (Md. 1974). In this case, at the time of 2012 Rezoning, the County (and Applicant) did not take into account (i) the existing fact that substantial road improvements would be necessary to make the Property suitable for commercial development; and (ii) the existing fact that public water is generally unavailable to the Property. In addition, the County's reliance upon the assumption3 that the Property would most likely be developed in conjunction with Parcel 695 has proved to be erroneous with the passage of time. These three (3) mistakes are set forth in greater detail below. Substantial Road Improvements Access to and from the Interstate, suitable for large commercial vehicles, is a critical component of commercial development consistent with HI zoning. As per the Washington County zoning ordinance, HI zoning was established for commercial activities that "serve highway travelers" and for uses "that have a need to be located near the interstate highway system to facilitate access by a large number of employees, or the receipt or shipment ofgoods by highway vehicles. " Interstate access to and from the Property may be achieved from I-81 Exit 3 (Virginia Ave) or I-81 Exit 5 (Halfway Blvd). The Property is located 1.74 miles (9,189 L.F) from Exit 3 111159 Hopewell Road, Hagerstown, Maryland 21740 (Map 48, Parcel 245), which is currently zoned HI. 236+/-acres fronting Hopewell Road, Hagerstown, Maryland 21740, (Map 48, Parcel 695), which is currently zoned HI. 3 This assumption was set forth in the Request Letter. and 1.768 miles (9,338 L.F) from Exit 5. This distances from Exit 3 and Exit 5 are generally described on the drawing attached as Exhibit 5. Access to the Property from Exit 3 is the most desirable; however, this route is restricted by the one -lane bridge on Hopewell Road located near the intersection of Hopewell Road and Wright Road. Due to this one -lane bridge, access to the Property from Exit 3 by large commercial vehicles would be impractical. Moreover, large portions of Hopewell Road located between Exit 3 and Exit 5 consist of a narrow two-lane road without shoulders. Specifically, a 2,981 LT portion of Hopewell Road located between the Property and Exit 5 lacks shoulders, and a 3,673 L.F. portion of Hopewell Road between the Property and Exit 3 lacks shoulders. The lack of shoulders on large portions of Hopewell Road makes access to the Property by large commercial vehicles impractical. Due to these existing conditions, the Applicant contends Hopewell Road is currently inadequate for commercial development of the Property consistent with HI zoning. Following the 2012 Rezoning, the Applicant consulted an engineering firm for the purpose of determining the extent of road improvements necessary to achieve commercial access to and from the Interstate via Exit 3. The engineering firm produced the "Concept Plan" attached as Exhibit 6 and Exhibit 7 and incorporated as part of this letter. The Concept Plan reflects the construction of a new road of 4,750 L.F with an 80' R.O.W cutting through Parcel 695 and Parcel 245. The Concept Plan requires: (i) the crossing of a 100 year flood plain (stations 11+50 thru 18+50); (ii) 548 L.F of stream realignment; (iii) the disturbance of 9,615 SY of wetlands5 (stations 11+50 thru 18+50); (iv) the removal and relocation of portions of Wright Road; and (v) the cooperation of the owner of Parcel 245. The forgoing are depicted on the drawings attached as Exhibit 8 and Exhibit 9. The Applicant contends that the road improvements depicted'on the Concept Plan would cost in excess of one million dollars ($1,000,000), and could be restricted or prohibited by environmental issues. The Applicant also contends that Interstate access to and from the Property via Exit 5 would also require substantial road improvements. At a minimum, in order to accommodate access by large commercial vehicles, shoulders would need to be added to the 2,981 L.F portion of Hopewell Road between the Property and Exit 5. Moreover, the Applicant also anticipates that upgrades to the railroad crossing located to the North of the Property would be likely. In sum, the extent of the road improvements required for the commercial development of the Property are largely impractical. The Applicant contends that the County (and Applicant) made a good -faith mistake, by not considering the extent of road improvements that would be required to make the Property suitable for commercial development, when it granted the HI zoning in connection with the 2012 Rezoning. General Lack ofPublic Water Service. A consistent and reliable source of public water and sewer are critical components to commercial development consistent with HI zoning. Reliance on a water well and/or septic system for commercial development would be highly undesirable (if not impossible). While public sewer service is available to the Property through the County, public water is generally "This one -lane bridge crosses Semple Run. s Designated by the National Wetlands Inventory. unavailable. Public water to the Property can only be provided by the City of Hagerstown (the "City"). Unfortunately, the Property is located outside of the boundaries of the City's Medium - Range Growth Area. Map 4-2. Water and Wastewater Priority Areas, depicting the Medium Range Growth Area is attached as Exhibit 10. According to the City of Hagerstown Water and Wastewater Policy (hereinafter the "Policy") the City "will not extend water or wastewater services beyond the Medium -Range Growth Area" unless a special exception applies. A copy of the Policy is attached as Exhibit 11. At this time, the Property does not qualify for any special exception under the Policy. The only possible route to obtaining public water from the City would be to qualify for the "Economic Development Project" exception'. However, given the relatively small size of the Property, it is unlikely that a large scale industrial end user, with enough political clout to justify the Policy exception, would have interest in the Property. In sum, the Property's lack of access to public water makes commercial development consistent with HI zoning impractical. Conversely, reliance on water wells and/or septic systems for light residential development consistent with RT zoning would not be impractical. The Applicant contends that the County (and Applicant) made a good -faith mistake by not considering the general unavailability of public water to the Property when it granted the HI zoning in connection with the 2012 Rezoning. Development Assumption Proved Erroneous with Passage of Time As set forth in the Request Letter, the Applicant originally assumed that the Property would most likely be commercially developed in conjunction with Parcel 695. The Comity relied (in -part) upon the Applicant's assumption when it granted the HI zoning in connection with the 2012 Rezoning. In the seven (7) plus years that have passed since the 2012 Rezoning, despite its best efforts, the Applicant has had no success in procuring a commercial end user for the Property or the Adjacent Parcel 695. This failure is largely attributable to the commercial development issues described above (i.e. the requirement of extensive road improvements and general lack of public water). In addition, family members of the Applicant have expressed interest in building single family homes on the Property. The issues associated with the commercial development, combined with the family member's interest in utilizing the Property for residences, has caused the Applicant to abandon its intent to commercially develop the Property. The Applicant contends that the original assumption, that the Property would be developed in conjunction with Parcel 695, has proved to be erroneous with the passage of time. Therefore, the County's (and Applicant's) reliance upon this errant assumption constitutes a good -faith mistake. 6 The Policy makes an exception for Economic Development Projects of an industrial and/or non -retail nature. The proposed Economic Development Project requires recommendation of the County Commissioners, the City and County Economic Development Directors, and the Directors of Utilities to, and approval by Mayor and Council. Additional Material Facts Supporting Amendment The Applicant respectfully requests that appropriate consideration be given to the additional facts numerated below supporting the requested change in zoning from HI to RT. 1. Mr. and Mrs. Ebersole (whose primary residence is located on Lot 1) would like to give their daughter and son-in-law (Samantha and Nick Bodnar) Lot 2 so that they may build a single family home for their residence. 2. The Property is currently configured for residential use. In the year 2000, the Applicant subdivided the Property into four (4) parcels intended for single family homes. Please see the plat attached as Exhibit 1. The plat depicts future homes on Lot 2, Lot 3, and Lot 4. 3. The 2012 Rezoning transformed the Ebersole residence upon Lot 1 into a non -conforming use. The Rezoning of the Property from HI to RT will act to correct this anomaly. 4. RT. zoning of the Property is appropriate and consistent with the surrounding neighborhood. Numerous adjacent parcels located to the North and West are zoned RT. Please see Exhibit 2. Conclusion The Applicant respectfully submits that a piecemeal rezoning of the Property is justified due to good -faith mistakes; and that a change in the current zoning of HI to RT is appropriate. Very truly yours, o--g Thomas o. ritner, s E-mail: Tbrtiner@DMBowman.com WASH IN GTON COUNIN CIRCUIT COURT(Subdwision PUN. WA) FIUU623 403. MSAS126561Zito —II 300TN22T PMIed 01=030. 7 PO ❑ �t3_;<m"a�. Gv-a 66�S�.GG- k32o9v�e4=-ooyi:mLi-m— o'ss $sue $e$"s o BL 893 e8 o'8wev j ,e 1' 9 M\ �D Fn a Nam Tuw— o0 Z R 91� D �A� s z a r 1� .• Oro to A, y H J F RAm RI � y vy ~ Warm '^o O Lx g 0 N�OZ gg — d i arcs-,T�+�hi G{n �e Yv U ffiIN IIWipllllligllollliplllllm�mlml�ml'u0lmmmmmmmmlm�lm Iliml III Imp 8[ Pi [I [ s J il�Ih�16�I11 IIIIIIII hIJI �IIIdI�IL6> IIIIL�III�Ih ZLLII�ILLh IIIIIII1d,1. 8 rr ©p � b; to � ;M � •�a m 0 f: [[���mjj Ig �y �r����g �p�p$m� � ppy000 um� ➢ II ar� F mai '�•; a' i 9 'n'�m"a 'P rope ' $o a •� �•' sass sssaasa a as Qm AWWW WWWnnWW W WW NNNHkMN N MN ' �2ow"= DD DD pDDD NORTH TVITHO DS6D L TRIO. F-358 \ �•' \ .pa lD'� N R (Subf ialon Plal, WA) Plat 64624163. JISA S1255 59` ^aloavailablo26061=7 Pnn1aJ61(1..,.. a L w Aa,' �r� 0 Wfogg � f4�i Am 9 [1 0�lll�11P[lll I11111YU 911�III�III�JI II�JI�IL�(L oll�lil�lil�lll dl�l L�lll�dl zL�dl�lll�lll ll l�ill�lll�(I( ® D>p P P N P P T M N 0 5 Pad 1 2RSpy a a g q$ 421 2 m � U ^Y s I I m n I rr i� � trim pp u @@ v A A Z& by dg3G S A ¢ Ay 6 �N A 1yL4 �Vm � N N o V CNp' mn N Ay�OD +fm.xV v1 O A m 9 NOT n��nx Smo� g aen c°o 'a p NmZ Op� y �H mg$P'a B=3uN 5'm�o q'<"'BAm�ao. i".�� a'S� mma �� A, Z'n-i �d3 ��udaa¢ v3 2�$?i b $x �:�'� n m$A •t`��'3°� S��v E� �.£g �9e� Sig n a g� 3ct 5 $8 a °T �3 gg�R2 $3u Z'B�n 5 Inc 9 y@q -3L o emS NN33 g yq�o� 55 .A OZ vy �a Sa "3. Z q�Da, flop oatSa �l�mm•aS p3o -. qfl a 8 y�1''�a.p .98.ELI3� �'� Elk �M, Na ' a agS° e Q ,'��'- _. �99 u �Sa;A8 a G. a§ �$a69'$za'� In N EXHIBIT \ b #3 - The property Oun a loualmady pmpazeda plan for a coamemlal "ablp cenld' on Use P mpmtyl . Hash upon the heavy, cammemlel slue, of the baffle olongMD Rm. a ft.. Me 1-20 inleaheage he Heyelya ao"mada,HI aoNngis[he roust appropriate dassHimlis for oil properties (p at the Myatt's Inmseceoa; and W fm.H ng on MD Rte.63fn f ab lecu. Gn iheaamebasla• any Cosmologist use" OMIS Property are unlikely 10 belntlata. .an of ".'Ishlandu foormoold.1, as onmmpleled by the UL (H.Amse, f.wal) sting On the barb of Use to reg0hsg• as well as the oral Unable, presented during the public lseadng conducted on Tumday, July 26,2D10 and Use pmvloera mitten mrsesparda es dated October 22, 2010 and .,aI mfirom presented October 12, 20f ORI,regard In this property. Please maslderammding the proposed seeing map amemb ersto in regent a 1d1 (Highsvaylnlesdunge) aontng dlsIdd for naydI.V. pmperb, Malnay.'am syoufury... Uroesndoamideralloninthm master and please do at hesitate to arrant[ ose if yoe mauid Ilk. arty additional INorann ran on terrible eaplonalion. Veryuntyyoma, V—Rod, AA65�0C1ATEft AnM ^Divelbiw may tins #;Zz {"j; IWy 26,2.11 '" '•' Amcinrps WasM1inetanCa.DdvlCcunly GnmdssiPnva Avamayadtaw d/awazh. Co.PlaaWoB Pnn.Nsa(on Wazhinglw CauntyAdmhnshadve Annex 31. � - J)`< � I1..•'. '. .} �.> 1NNHmryMNrAvu sofrem BO WeaI HWtlmore9tral . J9 :. n.amm,.nam asysE HagmWvm.M1521y9D6003 >!; Poavlam Act Ikbnn Groavfh Area Camprehestve RevnNng om Ra11Alb"PAx Awoe 'sass a� Hoperty Owfiera: J0ne4Hoavmanand Linda d:lRRbenole •. n sacs vmusnre, njai `r�,y, :� . a� 9ubJeet Piaperti's: 'vin,'% nwu.Aaws.., 7kx Map4d, Grid 2$PwcW216 (Loral<and a..oaad,« Panels A b D)(26,041618; WIND, 0416" . Pm Z.DP36D5) A nu Dear County OPeadookes. �. on behalf of my c0enla who mvsu Um •{-14,18 sae :,:-'':,.j,,.:• ',_;.'; .y A&opert i RPramxatvell aamroolNlyrequst •:' ,, @atmaAURT be "Pod that � JeN' a' M(1,Inwly fulllyce8ueol Hmnl4T sonedlnliol, _.-.,;.'.":. Iftn)rcbooge dy,he (Realdenlial,'ban.+Ilio�eaNrnrrenUy recommended. mana(ueena) ra lee •�u :; «�� .)w[aa.nanW :. � 'rim pro er 1, hunted fhesouth side of Ho a ell Road i .-,« Via, Ill. only me(1)porcel(Pasre169v bchvednihle i owith :Dn ywa. PrapletyandIbl. i 9� c� TAelroperty bcunendyaoned FlL2nnd fa un-Improved f.D« OAglovl Pis ift Commlasloo Humbert �ceptfor.einglcfandlydwellinglaramd on Intl wWrh ia' d oamalmW occupied byb4cand Mra.Hb¢aole. b/ap:36 Gridc21 Nohvbletanding a prior subdWillon is mniemplae.n of i i P..Sl(a):415 Loi(a): maldenthd development (Plat No. (462), the Prupady Loeallon, DescciptionAVIS Grcenrnsli. Pik. owners now anticipate that the moat barely a, far this I between O e-I MLL aria i Property 1s to W developed In wn)oncfl.n wog adp.t i Manor Famed M..60 wMah IS adjac0ntio 1-81 and i'remmmulded EXHIBIT for Hlsning• I Camelot Proposed Requested Zoning h �f i I Protium Rcgvad: Hl•1 ' I be addition To Pmcel 695 b Me Puss, the adjacent parcel to the Nodhkakaremrrrmende l for HIta aing. ']'n the Boalit of this pmpmry la a Rood ploln arm Tha! aroWd nerve ss a natural buffet to tM exbHng rvsldences along Ile map aide of Hepesvell Road. pec theburls rl NafomgolSgan wellas dm tedl o Tuesdy, preaenleddminglbopubliclwaringconduded on Tuesday, JWyZb,T01¢pleazemmlderamend(ng Weproposedmning map aura W manta to reRect a HI (Hlgheeny InR.ehange) zosdogdisMct formydienYs Propmry. M always,tha:dc you far yourtlme and cansldemdoafe This matter and please do not heshale to mmaet me Ifyou would Iikc anyadJiHovalin(urmalianor lmtlter explanation. Verybulyymrm, D Mums 4 ASHDCIATG4 Jss M. Dlvalbtm Ar rrynllnrs Rr rxke'4durA'sbxwm ia'Zq RECEIVED Wiliam L. Ronkln JUL 26 7911 473 Ashton Dr. polling Welea, W. Va., 2CM19 nuweao is 301-900,7770 Junks, golf Washington County Board of County Commissioners Plonndagand Zoning 60 W. Dolhm .8i..t N,wristown, Md. 21740 Aft Stave Goodrich, Kathy Krobolh Dear Sire: My name Is William L. ftanhin AndI am writing in reference 10 Ns pmporty that I own e116327 National Pike. passel ID number24-003070. This property Is zoned'IW,, Rveryalnm I baughlihls property In 2002, (here has been talk of meanhLq IMs area be 'NJ 11. I Sated g you to vote on this and In IntchanOo This zoning towin 1' For NS following reasons: The building on this properly was put up around 1972, and The business We Noland's Chain Mews. no, else sold Cub Cadet lawn Irealore. TMs was definitely a retail baseman. When I opened Renkln'e Used Goff Cads, I was laid That could not Spends a retail business because Sflhe 9G'zening. It had to he manufacturing. Finally May slowed me to open bemuse i did do acne mbull ding of golf cads. Last Summer I mefecad to In.. That business due la the poor economy end l lM my, bandanas llo9nse Septic Bateman my prop9rly loess. I..ula100.0 d eleobia big, itcode move, $10.000 per yearhmi iu keep this property and I have noinmmo mail.I have pules, property on The merkatforaalamhu so, but made e the zoning has been a deterrent Sglust To by end kceprryhead above water, and payonve bills, nywife and I havedeclded to try and Spa. re 'Flea Marker. In trying to do Me dghl Thing and he alaw abiding citizen we want 10 Zoning to apply for a permit and games for The Flea Markel. Again The zoning Issue came up. We annual do fetal] business under -IG-zenfngl l Pointed out That This property has been retail for The last 40 years, but I was told that the zoning was for manufacturing. l have talked with Leroy Myers, Ruth Anne Callahan, and Robed Mandley aboul this problem. They have suggested that I was Nis request 10 you, and aim ahead But hosting set for July 2Rnot7 PM. IwouM likeereas toHwaTgoo Cross Unit me them la present and mrNnues to Hewegs Cross Roads. in Netereaihere are many June I. Bon'tf1nD 22 we 3 a8r s r Oak ic.* �, a�; yn • ..,h, : i�It p.M'. 1 1 7 urr.d Laerbu Wlabthe Qb rGerthAmrfrwnrwm "°" -z d Sea- OrtgWalPNaaWg CommlulonNumhwr Map:48 4 Grid:22 y FmS.I(n)s246 Lot(a): LocaRea DwcrlpHoo:Hopeent limed (located bate a otHopew911 JM, end 1.81) Current Proposed ZoningtRT Requested2anjng:Hl J�� �� Ihcvlwsltryvnv NoPdor foonafacguasl retell businesses.Alao, elnet l have been there, I have never received any complaints aboulmy busdaess. So I am requesong that the zoning bechanged to 'NJVAI,, for someaerson Nis cannot be done, I would ask That you Issue a -text amaMnenl' as you did farThe Washington County Fora Ubmry to show me to mn0nue my Flea Market. Arno iwould requasUUral you put" on your agenda to speak at the July 26n beating: ThankyauforymnaonsWamlion. 6Yncarelytyoure l4JJQdamk'. William L Rankin IF 7 Ji' •a r �. IN 00 14 IYEII 1i a ea�luD/N"� r• gs f. ' i '"`r�; ;.` \ a.-,, ri� � �'Wyly ♦ .. CI �'r..C,�rJ � �>O`��� 4" III ��: �" 'j �b,� �►� O � � .'�,r✓+'O ..3'f � Ilar +'•;:! .Fry ��; -.. Si , 7 =- lri m', ksd .. - 'VIS ` 'Y o7""aglley /gala _ d; 1W 4r f il•�r'i i'QH�i'1 'i�►.4 -' j Sri. iNZ i 7 �tl f., pp 7• r(( i i �4� 4 1 �4 'tA Q7 7 n_. � e 4 •I T'✓ l •� #'1, r� j `v ji. r' , • �o'..�? 41 It •A, kz 0 E cr=, EXHIBIT rr 4?9 09t. 1 _ k-()of lcld V �r 0, LOcu ;.+* + p a'[J a to 00OCo co G R N ca ++ O :3 al o O Y + 4 N I -i- 'o c a + c .0 CD to q a C O c e U) } + f fl c "7 9 a W N 0 -. '•� � nI V CD roE a 1 C LD �x U EXHIBIT I UID City of Hagerstown Water and Wast ovater Policy Adopted: Peb-mr,24,2004 Amended: July29,2008 Amended: September2;2009 The Ciry ofHfyocrstosm will ru[rNend waferoravaseewakrseevices beyond Ne Hegelown Medium-RangeGmwlh Areaor act BUM U m MLong-Ranges W be Area as defined i t de wty's Avmxatier Podry,Mim- sortallownew'aortnmto be GmAt lined Reled CityofHeHsgernawaS ComprRaagee Pim Armor Longdfollo GmwdrArea Reference: Cityomed: awn 20p6 Comprehemive Plan Paltry 4-0. Thetolloavmgsevenexwptiens may be canted: 1. Cordemnation or Impending For. of. Existing Private Wmm or Sepde Sysmm. The governing health authority hss provided a raryest with documwktion or cetdf cation to Ile Utilitiet mpsaLaudihm, m cbmittawatero vase atersomce eom:eUlon, the existing pdome sorer or n cskwakr system for M rxi sting dwelling or none oidendal buffing has been contemned, or but mu m]in, faiIme, ant a ewnnable alternate Inemisotheroeicenutaveilablu Serviu approvedby the Utili6m Departmentusing Oisexuption wntingmtupon eweplmm andsigdng ofe urvimeonhactbytk amprperty aulO tbeall0rvi- OfWbe object tdingmd meN' rig d, merifem the propertyanttitatsee: mrviwshellbeuen2008 dimsuicerniveble tin, army um andprectices. Ref mate: City ofH�ersrom 2008 Comprehensive Plan Polity 4-0. 2. Systemhunavmmt llpov 0e rcwmmentationdlhe DircctorofU0lidmjal tantamount by, dre Mayorant Council, arymem or emienwsuld mutate .Marl ®provmmt m <nhanmm,[ ro Be opcmtion or efficiency atom water md/or waslewakrsyslem. 3. Convention to M Existing Lot ofR.,d, with proeedurm and RESULMOR CLTYGFB'AORRSTOWxzOogcoMPk'EHENSIVE PLAN MD. U41AMENDMRNTS: W ATE R MOBI t CPS PJ.EMEM w,,,EAS, the Mayor and City Cou cit offle Cityofumenewhhem rdv uuuf boa ,umu d emendmects to the oly ofFJtartowm'aMOB Comprclum mrise, in Complete Oe WamRmeema Element sequlrameiW ofHb. 1141; and WHEREAS, term, buys, and p.Us arr. trims Orden &A ameadonoto, es well es a,wetimriy adoptedlost for@c WmrRaouncoMenced is MOB and Mrs, wereindtd droeppamost bfpubtiomeetlws, bualudutgfeline Bening, .6 Wmk Sadons;.4, weds ,de.Plemdng Commission cud plwdng.stsffhave unburned chase proposed mentmeob to Me2e09 Comprehensive Fast fur ikMots, Rod City Comas cmddentern end .&,ons; end, W1EMS OeMaym nod City Gum0 wvdddn onto ed„desedn to the 2008 Gmpmb,ad, Plan Or be forb,incelnterrst and Waren of(beeidens sort public or career of ik_6tyof1legeMmwy i H➢W, TIBREROBE, BE u RESOLVED, by the Maygrapd City Guam of the C5ty too,stsown, Moylmd, M ire duty sentimentkyaufim body, veer then m ride es to the (Sty ofHto,,don s May Gmpeebm4ve Pian forwmplimw.wlOHe. 1141 ba and are boehy, d,p "IT BBRTHERRESOJ.VED, by immeya,d City Cmmm0 oPlfaBalowa bfarAsedi dat thhResolution shellbennore, GiveimmdintdYupoailapanaga MAYOR AND CITY COIINCB. OP TAfi WITNESS; CBTYOPItAGBR.STOWN, MARYLAND BY ome&Sprctlm, (.Yule Ro B.Bmok x m DATHOPPAaAGH anyone OTHCBVRISATR a9R&la 4. Redevelopment ofa Properly Concerning an Fisting Customer. ServiwapM d by am Utilides Department usingthis exception is eumm em open an. being em addition of had men n the exist, I. (,) of rreord ords. ing the ex con, cusmmes(s) end there being no incemse, in the existing allocation as a result offl,redevelopment. S. 0e-mdAi,,Waleror WaynauuA&ummL Servimapprovalbytbe Utiities Depamnenlmin, this exception is coamolent upon. water or wastesmn, ata,mmrt having been in place prior to July 29,2008, whielr guaranteed water or wastewater smiw to, this property as a condition of the construction and/or revision of load for the em nourtion of the water Or usemanter l me ala .. 6. Bemomic DevdoormaProject. Seeviw eypraval in, this exception is eo moyot upon recommend edoo of tho Cowry Coen missianers, the City end County Fimnomic Development Directors, and beD nertorofBottom lo, end sppmvel by, are Mayor and Council, far sonar ecMomm developm,tp ject loratd in. matted area for mduOrid eadlor non-ttcer wuwereim development T. Pee -Annexation Agreement Smivappmvalby We U61ifio Dep culusmgthis useeplion is contingent u, m a pre,sam o sion sg,cormat having been approved by the Planning Depater,m end retarded in the County Courthouse prior to April 22, 2009. The ppaming ofoxurptimrs one though five noun, is contingent upon the property owner submittingapm-smaxalion agreement 0 the City ofHagc lam that od rs the property for enn saffon at such One an be entrance boundaries ofthe City much the poperry sued the Mayor end City Council detereircs amexa to be adventagems m the City o£Hagerstown For exception number sit above, this ➢mousnetatim Statement en Cerement may be subject, negotiation behveen the City of1h ustmem and Wadingtan County. awnsaouvas..wuea,gawv..aau..ewawn em..mp Ci,y orH.,oumwa Mvyised MOB Compab.naieem. Water Resources Element Introduction This element e9abnshes pniielamguide the pmvomn offutum wuto.. and orate erviec to. and We management ofvmp bst source current loading from be City and as Meemn Range Growth Mm(MRGA). It eompliu with she Wavy Ramrem Element o,tbom,ts ofAr icie 66B of6.Anneutut Code ofMmybad, 51.00.b.1(41)—as wmtN teyMerylmdllmof M7141,pasvdbu uto Fig dad ).elinmve waterand wmtm�etec semis area m of 200] (the bezelinn yeti far WRB edam). Al be den, Ofpubrmdou of Ws won, Resource, occur, working. county ass evaluating options m complete the countywide Warer Reweeces Element equircmees. The City mdcipatrs wmlirg artery with the Gutty to achieve Web woman Water Tomes sgals. Wb Water Raomces onsets, adopted in 2010, replace On Wave and Waocwarm Element of are, 2008 CompmheodvePles. Wastewater Service Goals for Wastewater service 1. Emma dat ode'.. wmtewaw copacity us]us m serve future gromh. 2 Consistently meal on euplArysmluiremwts to fidp pout publicbedh and the mwmnnm.4 in paniculmrouted, am trvbenmead Imput an Andersen Clete. Wastewater Issues Addressed by this Element L As a myO ofcounts, J . reasevtjudgmwt with Me Maz}1and Depressed of the Ervirorm,t(MDH)bu emery, MOB, am 07 matlimit Moore. ofsew wuewakr service su B ire wmmwma aeamwt plat (VJOrf P) upPmdea are mmpleeinM11. 2 Upon resolution of too reason judpeon, be City will have aliAW apply of nosed swage Reaweetwpef, The City must darfieu mnximr. Be e6 d.or, ofBm wss.. ryneo, and seeds to make long-term wasewatm etmenit r decisions But .,pm to m,uh management and ...do. policies. 3. store Perry, fruits waswoterreconnect "pray heredon Oe wal mount (odoadj of niwog, andpbasphwonsdisrhmged'mmesemivmgwetmbdy. Manor.. Nschmgu treated ad isflt imu Mtieto u modem which n a e,, letyto ten Cevewstke Day, Bad is then Beer- ca a nuving drachmaerap. bar". wn's wassewatu policy needs to form m minhniamg m reducing 6ufivges. 41 Cry o"mylaslam C...prehensive Ham saw. Q Ti6vrcl/: a.al R'atn:mJwodrnmvSmdttArtu Ciov ^+�.+����•-,a.e,.n..,a. @a' 0 ,.n. .,,u..,....,nn+n... p..............^ Ciry of Hagrcrtowe, Maryland Ms(!w pM1o.iv.Plan Annexation and Water and WaSimonds r Service As described in the Recent RRII ant POHda aorta. of N< Plan Information, the 2009 Amaxarion Policy def a the niadomhtp gramme sonexotlon and the provision of City rvices, such as waswwmu and water urvi cc. In order m receive n eon m expanded waluswia,. property ownermuatag-rube ovuedinto she CTry. Pmpertyosvnen ouldde of Ne Consolidated GSA's Dx6gntled Away (Figme l-ID IRVO also agruor mail.. in Rode, to ream. new or expanded wastewaer service, wbilepmpcny era in side tie Design rued Asca are exempt on. this agahun end for wmrswarsc serviu. Pmputi o thin .-.Ibe commas bemuse duty am not mjamm m City hosoularsel must sip aprommaxotou agcement. Some of these pame9 we shown is Figure 2d, The 2008 Ainexatioo Policy's goal is for the City ofHagerstaws to become Ne fun pmviderofmuniciplservirmin Ne Hagestosn UGA. Hage¢mwa Nradypmvides water m uske0 he cadre UGA, but the Annomdon Policy's gnat is not likely to be achievrd for wasrswmer acrvica Ha,wrower and Washington Conty ham&Hmv Transfer Agreement that ailownthe wnafms of some svomwmm flow from City wastewater collection system to me Coorochoguc MVTP via N<NewgmRm. Imo. Muimamoseof Niw Rosmasfer systw em.ldmpmm as much or5,M Equivalent DweimigUM.(mU) ofapacily for The HagerstownW\VTP, reducing unused expacityat the Conaromeaore)V byes oqmmwm.1 Apporximawiy30.0 gaomperday(gpd)ofwase ttrarecumndy wnsferrcd using us Infsmwcwn. The City included a "sunset' close in the Flow Trensfer Age<m-a, whereby all but a small mom, ofthe now Timber system's cama.ty would be seemed tote. City upon expiration of the Flow Transfer Agreement in 2021 Limitations on GOrtenl Waslewatel41Imertlon Hegusm.m's ability to Hart new wanewala service ass aigvikru ly lim Ild when Ne City cmxmd into a Can satfudgru m with the Maryland Dep.I. of the limmm mml (MDE),o. January M 2005. The Consent ludgmevt<sme in response to a seder of discborg violations not had allowed paaffly Ransil wartmvaterW enter MJetarn Clock locus NC Hlo noew VMW. The Consent Judgment identifies spxlfic projects .r,clan Inflow and InfJrta0o Rod o-mme. problems in Om GI's collection 111em and upgrade tie MVTP's Roadworks and disiofotion systems. As part of the states Bay Renomda Iegisl.Oae tie City son, also implement EHR as the facihry. Goading Nese upgrades, the City will also expand thus MVTP's eapeciry to 10.5 MOD, Thism uniy corresponds. the WWTP'a mordent dischmge rap (see disamma below). awu¢umu demmd 0—. I. days, runts[Ode(E AI,,..rcJum nsiduad)and me lerwadilxss.—c Mmantl ua'kovnew, omsinator.^ w C,O npnsson We am.W of vv —r e,sh,rcs.mI so are dwemn4 no, ".6Y u-iM gins as W day,MA), Amore burr Om . nnnrvideaveeassorDOgtdpxmU.todsGgu,a R Dom ou remNed awc, demmd(sweigonq.1 mp3 per assumg uni)-a wee "sm(b. n" pv am in We H,[arn rsaurte:\VanL'n6am CowtY\N9eeeRc WnsWrnrt mic,asna Pass, te, ode Thaws—Wk 3ro5 Chy afl6g<rswwo,Tlapiantl 2W9 Comprebemive Plan 4. In0aw vndln0lwtion (Fp cunen0yconsuma apProximmcU' T-perunmf Nc phoned design that tis available v iCllyb worm new and call ngdevelopment tie amou.tofcapadry Natis availabi<lo urve new and ezisfgdevelopmem. 5. The limited sewage Instructs capacity in Hagerstown Rod Washington County neressimrss a wordironed wastewater urvi-approach banawn the City and County. Waalewaler System overview Hagerstown provides wastewater vestment service to all customers within she City s corporal. boundaries,. will u some mdn-ryomled potions of Wmfii.gw. Cooms. The Consuls dined General Services Agm.ent of 1gD](GSA) defines theporman, of the County that re-wesDs.,e leamnm service form Ha, smam. Tlds ageemml is dOccdbc4 in the Recent Relevant Policies motion Of the PHn Introduction. Within Hagerstown's corporate boundaries, sewage flows through appmximItaly 140 miles ofCil ,00med wastewater gross and 27 pumping nations, and is nomad at the Hegosmw. Wumwater Treaunem Plant(\VWLP). The Hagerstown MVTP Ss landed on Autism. Creek near Frederick Slab and has. cuw<vl design capacity of 8.0 milli.. gallons per day (MGD). ll discharger m M ddam Creek (via a short ugnem .fen vu di tributary). Aavdmrage dailyhow h<twan M5 and 2W] was 6.g8hiGD, althaghtti fipurc cludcsasuWWlialvolumeoflo Wo dinfrihadon(MI w dis-sabot belmv). Aftuupgades vm-mpleted "m 2010, the Hagemown W WIY will process wavmwalumsivg FiAo<ed Nutrien[Remwvl (ENR) I-M1nology. Wn best vailabletecbndagSforred.cmg the Nlogcv and phosphorus-ncavvdons N dischmgcd effluent. Pattiono of the Hagernown Urbo Growth Area (UGA—m1batively Oe City, hlcdium- Rogo Rodlatvg-Term Growth Amu), ere served by Nashingmn County's C-ascheague\VWTP. This4.t MGD facitirywmndy uses Bioiogi<al Nutriem Rem.d.(Bi4R)ISon—Ugpwithlbser ore malffiaxalaaredtforwmpletion by tkemd of 2011. Some D.ws from Hagerstown are also vaysfened to Nc CRnecochmgue WVlTPyerlhelsow Transfer Agrcemeut (smdismssion beiGw). the cryandtie Countymsty continuenoI-k for by the vas FlowsnR couldma Resnagm m sbe lants. farm. Music 4-1shows 0 agentonces wed)Ne Hugersll awane Am that wsI1.anAs NC Ogu atoms ttheHaacmtowandom,NGT Rats ill tam motie City, as ow cosome messoutsidethe cospurembounto City Nese vainngtonCou rums, oxnuship ofwmmwamrliner issp&betwandfie Cityend Wazbingmn County. The City dom.OT allow newwnnrwaer connections outside of the 2008 Armualio policy Acres (the =2 Hagerstown UGA), except hr specific imumslou[ met fourth iv the City's Annexation Policy and its Water and Wasrswme, Polley (see the Recent Rd<vath non.asecdon otter Plmlovoducfv). s dom not meet hiadudecasfe whemshen sddpai water wsstcwaw aywem deer not meet healed and safety mamdmds�uch as fdlNg septic n3'atems—or rases weeresuviw exdcnsi.n would improve system wide opem0nns oreffiency. 43 Ciry of NaSerswam.Maryland 209 C—morce eve Plan Whim MVTT'upgades are being fphooneed, the Convent Judgment requires Hag col ac,amt. —out burns oa albcatiam of new wastewds,.Mea, apedry for new development and astsdog 111111mords. Eds6ngdevelopmmtis defused as development projects in the Cl, or Washington County Nat reaivedsile plan or Bnil pis approval pdm To Jooary 12, _OOS, inBll Iola, Intl inamsW uoiaao enislivgvon-msidemid euslomem. The City pmpuer and mbm . to MDE an —DO Scalar C&podty Avocation Plan (SCAR to guide the allocation of new capacity. For row development the Consent Judgment caps...adnmv attoations.1 I2M,oW gvllo 1pv "I (GPD). the 2009 SCAP(Ne most recent avail able) divides le a allocation into four csmgodes: I. Discrcdowr3'rcurvc—City and county p jute(ISOM GPD) ii. Countyprojects(25,000GPD) W. City residential pudeas(50,00o GPD) W. City non residential soopots(30.00 GPD) no Consent Judgment does not mmifo ally cap a lcxatimo for existing d[om n mil. The 2M SCAP apocatcs MR." GPD for existing developmem, dtaitled into Once ."ad s. i. Couvtypocjerts(46(WGN)d it, CiVewitlm6alpmjeess(40,00o GPD) it. City namr,,dd.rR1Wjot1(30,00 GPD) Inflow and fli iHsatlon Concerns Upgrades to Ne C'tyk MVlP andico mmon,m, to Ne-geed.. users. wilt increase the Rmmumespeeny of Ha,niowa's wulmvarsr ryvnm. Thueupgades antl impmvementswiR pa entoiyhelp.redom Nelmommma ofsmmane, and gro-dwatuthmentefth.Gly's-limit.. [y,11., wasin6Ne[yslem to uperie high Dow rates, In 2W3, forexampq waswwatercusmmme dpolowedm a-mgeof4.4 MOD into the sewage coilmfn system, but the actual flows into Is, W WTP amorged 11.2 MGo—hGRr than the plant's 8.0 MOD capacity out she Oat. Inespeciallyme weathm Ibis flmv hm,xArd m30 MGD.• 1Lis ondcsirrd uRmmmflow, knosm m "Naow oil Wdwtiom" (N), sakes up wastewamreyatesncapacn Wetsb. pf.chuwrtM fi.oi,mm 1byd daily limiting,, system',overall.h.lR .. of age VI flu. of&gasy ad so., vmtewvderflnu cOr ommoog to he ecoven. Msomems<s,roofdmim[nils apons, ps me Wso Jlegavy-owed to she waslewatu rut aMmaimal<minsleadoftho pit IS.s water cols-fvsystem. The, in enimaRs rfim a-11.6 a, L00.200,of(gW0 HDTn arrnnaws we. prerat;n Nnwasmwmer-nmfn rymem in zm>, of which m eBW Hd ¢e n—.d sc awge mr. e soma.: non.1 dasm.n... 44 4-5 eityo(Nag anew Maryland 2CO3 Cemp«hemive Net much az wWJprJ god (1,700 E)U) oflli can reasonably he ebmimmd through repair p rears, which began in 2003. The City has rea major«halwhoron proweels planned for reducing M mo me system. gum projects began to 25(9 and are expected to ba compleud in 2011. The City continuously monitors the sysem to detect gouadwmef imcbman imo the system sad makczrcpalrsaznemssary. The Cityhaz smoke tested tlwrndsewnstewatucouection sysem and has bees rvarking wi th PropedY owner do mitigate ,Lend me n wmmtlonz I. mespsmm. Projected Wastewater Demand and Capacity Even Met be completion of MVTP upgrades and subsequent resolmice ofine Consent Judgment, Hagerstown will have a brand amount trimmed wastex2lempazity to a kilo, to boom groom. The Population Projections sution ofine Plan fmmdmO n (Ocrifically Table 1-3) describes projcW devdnpment in fission. through 2028, me arm. year for Ws plan. Table 4-1 shows the ali donxhin between rumored growth and event Iable wauwater ve.9mem rapacity. Grace ongoing upgrade ue romplmeq the Hagemmvn W WTP atone will have adequatr waeuwater capacity to support the City's projected grown tiVough 20A. Table 41: Projected Development and Wastmvaler Potential Ultimate Wastewater Demand and Capacity The2006 Comptebenstve Plan Its for expansion of Haphatowds <oWait founder., recut and redevelopmeat ofvacrot and undem rbsel land we me City and MRGA, and my devdopmevtaundwdopedPordonz of me MRGA. Tablcs4-2flwmwh4-4 mdbmedith me ldom;'orWthopmntshow heelopmm1). the MRGA(aorrespowa og directly with me pountialdevelopment shown wTvble2-I). This pdentid derelopment 4-6 Ciryof Hearrowwgbfaryland Net Comptehatswe Plan Table 4�3: Ulimate Weolewafar Demand we, Capadry In Hagerstown W WTP (Assumes inclusion lawashpmunl In Giryantl AIROA) Ewu t Tolud Ieraiddiwilepromaddan TeNa4-2) 25,270 -ms d Y2ufSfYPalmm4 LCSHWi-"4drdfino 3 Fudee MflGPd rat gm IC WJUea eYAYrP' 6]IO Mal tapdvbp 4 4'13b2TrAs 6 Capedly Oolkll. uaing Hagers4ownVMrlP elanaH-all otM1.avaluad (sae) fore a. Agaaurralea/9,Bd0aan NAIflGAIaMhaymletllw vubrslpea olres'FnfaleM min res leMW uses la4 xdNn IheGmaheague I4WIPkpNm vx (EWiiYNNa Cmw'MIeJ .I.—i aryj.R,hWdrriona paaappmrlmaleNaa]a MwrabeNialv3n,aM.A6llEW almnnsYfNal deraltivneM Spm'e: avocurvar"Peic'n ALwgnmM,huWantlafapm+htlnyNCaydlbgersbrm pepanmenld PMnigaMTi4rg HmEopubaralsfcrAsareas within MICA Aand preasthe Cityandthe ll UGA cool need topriosivaeat, serves awithinme MRGAantlParit, ly shdN: overall UGA Mundadei rorcgmr«duad wasmwater beatmenteapaciry. Regional Wastewater Considerations Tlurn public\IM1PTPa acres me Milt me Hagerstown and Covocsbeegne facilities described above, and the Wnkslown6RVTP, a 0.15 MOD Iadman based sysem mat ervesthe Tedrauffinromen. a WNIPaw maned tamakemaximumuse ofine"v ovdiebiecapssity Gncluding Icrboologyopgrad<s mdapmsions, az pnmitted underautdm¢vps),ell potential demand w me hfRGA could be sati sfi W, as shown in'Teble dJ. Table 44: Ultimate MRGA Wastewater Demand vs. Capacity In UGA (Assumes Intakerom Dowshernment In rayand NRed) ECU 1 AvaIWWe CapatlryNXager>wum. Conoc 1eay�e antl FUMSWm V/WTPsa 33.4an 3 TmnMatlsuountsln Hagernnm WWTPs tam ?2]2 �T- 5 Nel Avaliable\yaEtnWater T(es enl Capaolty,H>ger>IaWn NGp(1-1-3aq) T,616 *let a llciefguteaazimnemuMun eapmuM WlM Hagevsl.xn, ConxsMague. aml Funtrmnn nelaw Nmgn pv,isWu W41e N1ekwaieM nadag parry -sue T4rayWsHApp'oxln' Sauna; Waabl,gw Covnly{Yahrap V/zskwafv Almahunue Matugnnanl Phn AcMeving his objma could reamov,eOun on of me Hagerstown and Con eachegue WWTPa Juoa4 u enumlaand finding bewk croomad(.it likely e,panded) of the Flow'Ikmsfu Apeeement Tbatngmemenps"sunset"clause wouldneicd toms removed, and We agreement would have to be awarded past the 2023 asp error dine. fo Jet long mm(beyond 1028), me UGA's wastewater bestmed plants Wound not have adequam caremry to serve build., of the Ciry, MCA. and Long Range Gmwm Area Chy of Hnorwrw, fWaad Own Campmhemlve Plan is n I now raw until of development than the comarled devclopmmt-the amount of devdnpmed that the 0, believes via ocour through As 8-in Tables 1-3 and 4-1. Table 4-25houn me somanded amount ofwmmwetercapacity-.firm auly 25,270 EDU-mat will we awarded he pence he whom. ..an., efdavelopment met could-,f, in the City and me Mad on-R inge Gaved Area (MRGA), basedanthcland uses and densities described in the Growth Managemem wid land Use ElemeoL Table 4-2 Ultimate Wastewater Demand fAaaumea Maxlnmm Ge velvymvnl in Giryantl MRGA) a. 1Vaah'yirems weersNvA"m��espw'RMbaMnuresd aEa,tl IIJOWd us ).lwanaWwganlapvdhnaby l2Eel/pwaw. [i,errpNesWl/Nolas ism lwlaWespa W bMNn'e /.N61, MM1iNedNe'[CBB[mpvrale DwMahF Saw[e: EnwwmemalflenuceaA4vuyen,en{easMmtlab p,vA0.M by Ne LMdNa9erslwn DepM,neMolPWnyaM ZmYg Table 4-3 mmmadere the relationship between uldmmc potential wastewater demand (Table 4 2) andfutme availabincapseily. Aftefupgradm and expomiom, me ."nor wntyW,811we E Oudrmmedrvmewate'-snrybiumn nppmaimatdy15,BItone®Us.lidsis Afteremservea turburnedillofthe MROAwasuwarat fo would beMRGA.Afla at repair,andacconntingfw MRGAdevdnpmentmatwouldbedirectly served at wastewater commague\YWIP,ean be worked (a rEDU (appmaimdelyo.2 MOD) of wastewate[ n[atmentenpadty wound be nudetl do serve die entire F1ItGA. a This hgvrcir4rW evwdevrloied)aadalsiaevfa«GwvV6aW G5A'ekwvtivy. genenaylrcwd w ib<aa6ee and aoMEvenorNagemvnn's Lggurwnle Eowduiv. It welWes«ndmtiilm,d non 2ddutiddm,and 2 atyofNaward"". Maryland 20O8 scrowehemFeFlnn (LRGA).'@alandusepolidesofine20D2Wmh .-on County Comprehensive Plsn would allow foe as mock as 30,000 EAU ofadditimmed sua awver gown from me I.RGA Omit (me forms of me URA outside ofine CTry and MRGA), compared W a net avallablewasuwamr .[.meet mpaciryof],6185DU, per Tableq-0. Additional wartimsentrumancereat rapacity could be obtained mro mh ambient Imding under the site SPofcyfor Numem Cvp Managemmland Tmdmg,a orpossmly mmugh the . Approaches. shmeen of a spmyimgaJon systrmfoc wazuwvtrjdisposal (sin TmMologicd Appromtres. below). Ifexpenston of,fie MRGA is dermcd deebableto nervetick tional or dumotive grossM pewdties of in. City or the Comty, such boundary adjumorms must tabard on the vn labdify mo ulef it wmmwaur capacity to serve the expended arm on well as for, i ereu At expansion would base on We capacity to nerve the ultimate demand in me MRUA it the UGA. Washington County Water and Sewer Infrasimcium Commlllee h200,1, he Maryland Gm,m] Assembly ucated "I mambs WasM1inglon County W der and Sewer befewhim nee Commission assi vied m tdemiry signifcant water rind wutcwmernuds I. Waddroc sCounty, as well az methods fmadmusmg meseausal The Commissim's Fund R,,,,cb)jb,d inlune 206, found dent, enfisl developmcm in the UGA Gncluding the City, MRGA, end LROA) could create v ad wonowder shortfall of mine than 42,030 EDUO The hmasbucture Commtseion arms Ow, made for broad recommendations: 1. Update CTty and County Comprehonist Plans to commands reabdc considerations of wmer and wauwater capab0i&.z." 2. Updatethe County's Witter and Sewer Master Plan and expand me Mader Pim's ,cope to mnambuedy link warermd wanewamr policies saddling at pnhot.. 3. CoordinateOperatons of Water and Sewer Scribbles in Washington County. T hm, recommendnoon commerce mote comemvnimtlon and sharing of Information ownedCounty and murdnpal wear and waiornmer Officials, -it improved➢haring offeciities through wtwmmrstiom(an,, wiosfereyalmod and cagocity buding(he nubble Concept). 4. Consider an Hvdumion otMcrger or Comolidvgon of Water and Sewer Operations in Washington County. This Comprehensive Plan addresses rammmandadon 31 and provide infmmrigon for amossamentradmar k2. Rsnrrommaadm 43 hes, W some event, been replaced by Are One's nettled tragm, policy and the mmrjurisdictimd cmaccamn ragorowtu, of HIS 1141. Howeveyitismn City'simmt Wo are Mi JUCaumyupscurvemeMosv Transfer Agammcn Implementation otrecom cntladon ill wwid requveaviewand approval bysome combination of Ciry, Comity, and8me officials, and is not he Cyle's priority tiuough 2029. Iturearrudiss widesse to b-"- re aw aw r Smuce. Youbingwn came, lnbaNarmm Gnmau,an Anal Screw or.% Step. raw no, 4.8 11 4 g Chief Haroaay., Afaryland 2Wg ComprsM1ensixe Plan Nutrient Discharges and Assimilative Capacity faharn pbysical.pzciry(MGD)i, au important faults discharge Missile fors jar W\VTPs In Maryland (including the livgasmwe and Con resch dune WS1TPs) me based an nutrient doctors , spre5cahy nitrogen and pnospbntus. Rumbuts, slang with sediment, me meprimary<onWbutoes to dcgastled wash. quatiry inae and Chcsaa Ray its Wbmadcs. D As araultof Marylmd'spaNcipadmwme Ch.apral'e Bayt000 Agreemen t end mzu l ling s tom polite s daigaed to help restore the Bay, water and body*f upiandngmuetmkewtoaaouutt Saturn ncan matins, while did nosy ofw waters rue Tot morof sat fitmme .n s on assi bileadd m .city, mid arymblemlaquamy.Tbiss on describesya. Usmibo"flat lass, Regional.. . options to vdda'enuWatg.ls os they apply m ins RRNfPs that sweHagersmwv. TMDL One m.amm of.ornalative apaciry is We Told Maximum Daily lead (TMDL), a 1comme oflelut a urns required by she Pederal Wale, pollution Cooper Act (Clean Water Act). ATMDLis aemaxvnum vmoum o[poilmmt th.tawmu body, such m.river or a mkga svImautimpaiewgrvmerquality. \Vavr6odies vedazsifed as mda hupaiamorms limy mctoopoilmedorolhms+s<degmdedmsuppv,(mevtluignavd an!a, name, eld TM1eTMDLu ty alas .-,an "^own tote d sebnBcGM.I, pointsassesniff. N\VITs, as weeanutpaint Sour.saran.stomwaeror gdculraimmff. ' The lmparal wassic list if serenW toss Ins 303(d) list, named after ere section in the Clem\Valu AelhatetabVSbesT DL, Tnc Ancient Crmkwatershcdisimpsinell, mievls, butvovuWa TMDLhaz bxo prepared fo.Mswamsbed Tbe Comcmbaguc Creek and Mmah Run uatenheds(me older w.unu acovueA by the MDOA) are nil impaired by nutde¢es. MDR is mllahomdng will am US Envbonmemd Protatio. Agacy(EPA) is develop aavJom rot ofTMDla to, der Chesspeake Bay and OR of its tsibutades, including Antietam Coot:. Thee TAIDis One family anticipated to be developed by the end of 2010. Fume update of US Comprehensive Pia. ifingd lake into ..an, rue fonnmmwgrcno] ad.. mNor fmi sm., Point Source Caps To address nmminer loads Eom point sowers such as W W'Doe, me alas has esmblahed Chemptake Bay THbmmry Strategy point soma ceps for Off WwT loa with dialmarges msalamesi0.5 A1GD. Tnese caps menmoedal limimon aanmounl ofnllrogm and phosphors mar of Realism ealdphvgc a the Haymdiv Wbumdamspresedm sts have opuyemofeil far me wasto n andt. Nlmmecandte, MVTN.ms pawl Docent he. bavela...loalisTMDhed f ere iiagentow¢md Conic,sho, .tot mr. R t erhea ompleed TMDIo airme motherdischtogstrain the solvrvs, mepoint secret caps deldfic, theallowablenvldem6schvges Dom dheNWfPa elan serve Hagenmsm and nh<MRGA 4-10 afyofHl,nsv-,MmyIcd heart Comprehensive Plat Considerations tot Addressing Long -Term Wastewater Issues CooNinated effort between me City nod County MR be tram ssary 1a demmme bow 0 bataddress me longterm deficit ofwmtcw.amr n.dment capacity in me Imitative ODA. Anumbuoffumrenpgeda,ianw'adons,andpoHeydminime inciudwgsame augg.ted by the mtrazdmcme Cen sion�uldM aysidaeed to help minimiseor eWameneddisdefciL Some potential technological mdpolieybazW approaches no bated blow. Technological Approaches • Additional ill repairs. As previously Nscossin, the On tsdmant,Us a mail of 5,000 POP offlif cold in mC Ha sion, wwm VV WT'P system, of which 1,700 FUN not remoneby—table in me near tam. • Sepfic Dimm.nahint. l<smde snulrient tradwgpoticy arvards nutria mWiu tut me mmadonof mpOcsymems (failing orotherwise) mpublic wmtmvelu s)'aktns. The WazMsgto¢Coonty0D EDand SewOld bo awcmre Commbalonto Find Report idendfiedumanym ddly,EDU(batcould yeemeened Domsepticmpublic wm¢watw ° wimremldvg ^lungs medics gmmedto mepubiic tV\VTP.1° Pmticipoften fin a a aWenl trading system. The States Summers unding policy • allows WWfPs wish amsa nutdml diuilarge capacity to made or sell that capacity on, mwsueed in pounds ofvitmgen andioa ISI11huus) So owes WNTps scum me evedwg aza (iv Hagemow¢'s east, mePoromac bassi). Washwgmn County iv also wvead gating a Countywide mailing system mat mold effectively mate a commav "purl" ref vument discbmge credits. • Spray lrrigativv. With Us tahera"lutist w.icamer efDuml is e"und to specially dangerous Industrial ffcan, where crops (nut used for human or anted coneurrepthom) mine up seas[ cram remawing niu aim and phosphorus. When pmpuly opemded. Gamy mgation(crotbtr simllm tachlv'gaa broadly referred m as '9mdappRtcation")t'aneH¢dvelyreduwnUWentdiSCha,u Wo . Sed,slorwand geology ere witia commiseration in siting a spay migadmm fci lily. Undmlying geologySo and mound Hngmmown(paasimlwry limstone Karst fomamns)may not plat early hdgaion ireciibla • Wartewourrettse("grobsumormuse). Tmmedwmmwalucanhewusedto sumaiulmds.pwg, oraz provszsvevrw induatdal eWvitis. Typist sons plea of wamr reuse in Alaryl and wclude the m<of gnywaer u a cooiml ai Macau 'If lira me m recharoaavrsa. molhe.pmu of We Onited Smas, gnywamrhvs been used O-mrsge reamers. This t.bmique is nIXpwtittrd in Ataryland,butmay 6e elovg-rem <vmsidemum. rf— waildnabnGwry Ldnaant-Con®I[slon Anal 0.e,R. SO a, Song" so e. fh Cnmri eat esdnla4d rWaN. tan I use cre all of ill— a.x —in . a smardeemea,$11. miWm 'aTosum Polity dlaxa moan a 751EJyes, of nlaogeo par lusm E Dll ra4rW Sim, Las me Of pef .waecom, aa94a fiaaes, Pr or. mon Is, W OJva coos. Up 1,t9via'ilenl la re, ionutn goricam aby l-] dwelling mans in an CNRAnu w such a HyYr¢bnn Or.1—iMgra Ciryof Haaernoxn,M11ted 2Watbmivelan re Plao Anifdegradalme Auomermdorrelatwgm azsimilatira <apecityis onlidegmdation—me elate policy that Tho focus of Ra its new erexpmmeIII,I an Thor nliu Wm would deemde waterIM by The SEavirac note) Aradatiion Abiity on Tier Nome o Oltsiy)wamrs,msdefnedby WC USR suedM ntil Pmtecdon Ability (EPA). None of aesve"m=near Nvgem sun me des enatedazTierlL Pole[ Source Discharges Table 4-5 lisp me no rpat caps, in x'ell in existing and pmjmted Ntam nutrient discbmgu fordlw Hvgentawo and Conocorheague \VSVIRa, This \VatzrRaamces Element usumes thmby 202g, both W WTPs wilibe upgmtled to ENRlmM1nology. As shown in TU04-5. Ore Hagmsmwn WW9'P would .,at its nunimt ini cane apmciry far M much s appmumvddy Io,000 EDU of development afaR026. Table 4-5. Point Source Nutrient Cochairman, MRGA .a Almanulawn 'ounn,I'memm MHGAPardon' P detdxC .as I M6D lose I Out Euttd�}q`d�i mliaad2 miSyw'tT. pp� i8 Y t ;( h ?call 4f sun )S, i ea HiYW'. 'rP5i.1 gfal'3oon�+vT,na colon) Caps (bs/yoar)° TN B],d58 28,W0 TP ]]89 1,SW -_m _ PMj'fY_3_ a. � A4rilY13,0 Tearmanl TorSmelmy, 202a ENR ENO ::la:%411< XI SY�n+3 ' !i n �?4 9l ................ & si v' 7:02Sr2 lL _%ta.938r Pematning Discharge calumny too,... (Potation), In TN 18,]98 1¢ae TP 1,]8] (393j Notes' a. res(imnaa lnle:arbg,ezVeoGramul¢aroaon.rezeone eance -screwMfytlea9ue WN7P,anron1Mmalit,weliame 0. analewemwaccusdEsbingiva"Onsicwp¢ annoy—,rassafromnld Nelonnova aWieotbenever,, asax nAa Mfc, diWnecomewp 1Sam,iawasiin'say"I'manesse,TNaM3.]521OnbemhP} e E¢r IM adoreavlwaibaa¢aMwrrim may hssMm40Esfxn Fxlsneal¢Wllw 'c oulaaneMLwns noes, IN4RM. TM rap aMmn hurtles Grrm^l,ayw WJ?PG flummoreetlsmbt ass' I. N of.1 lalmusum;To-TO. 4aP_aP'erv_¢NN¢_napazPl pabomi I rnemicaufteasso, evoac ewrma careaa:epwyaammlvaryareconminor so Olerole(dueN (rear¢': mpcalwn MEtie 0.yWmmU� ab51¢¢uasunaaaybrnrllea lM naMaNENfl a¢unpfen ol63 rtgAasswrcOM1u eeleepnatlaNer ENO lad2ea ¢rate n2n P%ugeean-mlma(nntofaag4 Mveassumetl/yedlr laJefei Development is me,onion of the MROA served by me Conawrheopt WtVTP could xaW its alive of amfvcility'a memllphospboms cap. The Cauvty'a foMmmivg \Vim RuomeestJamee Occurs below ciubdow these palmna vsees ivam., aromscap. The section Mlowdimusses options to vdmeu ease pom¢til nalric.t ovefapet. 't-1I Rry OfHaaersmum, Maryland 2Port Cma this ill Plan • fmlmoma TraWent'fechommus. ENRisomoogmemoseffidessewas, Ueamevt,roc available to municipal Uulmevl➢Iav6. Full-mclalloacal advies c. may Provide wmewcd .,I., ..'a, ehlcimmy—and the efoa .ddltioml wavenear.11, wpeaka—but each tubsoll.a not at —debt.. Polfcy-lbou dApproaches IVnlie vcleakfial soludom s6ouid be immuc hood, dose appmase, alms ere not likely 0 address me lvugierm weemwater capacity deficit to Wee Hagerstown region, and may ➢mare exmemdy cavity as implement. policy deddeas, such as thou desedbed helm, Will firedtosuppiementvchnolefical apProwlis. • 'Turned OR Accounts" in me CiV total appraxbnately 2,27E EDU ofwumwaiu and water .,.airy. Whiles a ofthem talc Aroff anstrearev uv<d forpiarmul Or mg development, abut mead, dmmmtruwections to axim., sWemr. mlom ofamed. Redaimivg aimedoffFDUs that me net associated wish Rkely development or prefeaed redevelopment seem could give the citya pool of eramainuff cadets. TM1ue ellocalianz muldbzustAmencoumgcinfll devempmentor sef61Coiponman..redutiegme demand far atemio.afwumwam, mcc outside of me Baundari es. • Loner the. vuticipnled demand bnm mrsla e B.gewn-\VmhwgmCo..,n CounF<onositicl><v<lupncnl Colmdvion's [aces yeas. The Countyeuircntyfdaufiesa coed fie S,WOFDU vf.paci[yfortn.e mesa, butihe urea vazehteand ouse, light indusWal vnd disldbutlon uses, which requialam css water and wumwalcr c epaeity men oaer employmem[uses. • • Revised Nasbingion CounlyzONvg reguwtions mat reduce developmenlcapacity, ,amused tlevnu., inden sift. cad yieltl in me IRGA. Reduced and constrained Urban Grout Area boundaries which dvrzaze We oumm'sucacage that mighteveattallybeswed bypubfC w'amrand Steve syst . • Remised anumptiame a bout tot u..... wart. Forexvnple,ac Cismay',Wmstexece, Infrastructure Management Plan shows development capacity foe 18,553 EDU in the City of Hlgaown, cabers, Table 4.2 shows capacity hardly 10,951 EDU. 412 1 1 OkH (1, of Hagerstown• Aleryland 2W8 Compmhmsive Plea Water Service, Goals for Water Service 1. Provider sustainable uom ,sold pomble water supply m of customers SCAM by die Hageramwu We., sycor. 2. Namely and implement v!able posjecm top, W,, audio, edrow. H.,ntoswis wamr supply. Water Service Issues Addressed by this Element dom and 1. Recentsainting Havertownavd Weaun1.ndwgmades Mew Chynwater water ocammet and sainting an tionidonofand potential upgrades to the City's water .vaMenlend tlis[ribut.ninfmstrudum. Water System Overview ]be Ciry ofHageatown is We ptimarypmvidemf Durable Water to all condcnOW, surnmemal, and industrial orslomers in the Hagerstown UGA, as well as some mommen.,aide the UGA, wricularlyN me harem, C ossroads area Hzgersywor also provides potable water to We mwm ofSmi bdong, WHI emsport, and Funtalown wfiirM1 os ,op<nm, and maNtaN theca nwudismTuilon syvtems. Ummooservimmo as.f2W7(excludNg Smi[habmg).isshmmin Figum4-1. 9hc Ciryowns andopwalesrm antmTP),, t[oWniclolants:the R.C.\9mathe Pim[ Potomandthe W.M. Drsomput, and iq's ain'drawsimcome noun Ne Potomac Riverin Willimatpod, and is fire Cily'a main souweofwater. lVIP haz e umnatmmm.RJvWcfl M(3D. thapcm,ith. appeoon,an fona.1m e only aporathe Poro,ec MODof ISMGD. However, sue\yTP'svansmiaao0 ilny ran nesSrmmmndate d is MOD. The d (a draws its water from Ne Edgemona Reservoir earSmithsbmg, and is pdmarily used, auppl<menspemdudiondud.g Ngh mamma BTPlur a mashnsystemmenteamony of Csavailableapplicsfrom Ne\VTP.The .does aminimume,IM,nlnpadlyof4.5 MGDmdnpemined eppmpriaunn for rvrfoce wane from the Fdgemom Rescrv.'v of >00,OOo gpd. The City'a no disMbmion syecm is mmyrind M i mvima¢ly 400 miles of over .am,. Porousy, Omr u2,"to. assume. though-, 6. Natdbodon system, used for both f suppression and system suowmnana. N 2005, Hagerstown pmdneed and delivered I MOD of water, almost Oil of which was shown Amen Om Potomac llivv. Of that total, 18 simem(approximately 1.98 MOD) is ommed les' orsystemwata, Ims—costa, that is dinnoited bu(,. used ate metered location. This is in excess of the 10pe,-aI system was, low be sherd our ymbindmil,MDR,Owma. The City does not name new wamrcoursed ons outside of the ME Anncxevon Policy urea, ureM in apxiiin eircumswces sufonn N meciry•a Amex.dnn Pa4ey and its 4-14 Ctiry of Haguaoxn. Lforyimd 2Mg OW,m),...m Plan pram to the adopuon ofdue 200E Comprehensive Pin, He City aommened warec service to a number of developer earproj Ws round a are MEGA white admicurMag the Aurexatea Policy. As ofUmmher 31. Ml, outstanding commitmmm remain for .,acedemmely 1,690 dwelling mdm(339.000 gpd)and appmxl en ly 22 Plan Y(4,40] ,M),dran-ryidevdaldevd,oural. Dciailou Nasepmjectin assidedinlhe Appe.dix. As of August ME, ail but me offle notional developments on mils list had an adequacy or Diagrams yegam approval underfle County Adequam Public Pacilidu ONinonce, petmining comhucton in begin in lie near Aware as the somglh of the l o co'saickwpume[s. WIdle the PI rummumds that no additional now service be provided beyond the MHOA before 2028. a possible exmpuon is Idmo heal for mr loyment cennm in due County'a commove deveh,comat mover areas at tha Airport and Friendship Desire ofoff Passe is Joat MID 632). HNe Cr main,e Cumaydetembre ml,l,s oveseonofwmer .nor theta jcroswne [pgumeasmdthwasin odolmfiall He ee agreveloped Ia Neu arrow do, anticipated demandfor want, servimfmm He undeveloped Ions in theismlargo meal,osatAugust at die iSort whisonevately ISEDU'a (350 vacant awes so or19.5 el) end o0 moosmns at WeAhponwithanywmm ;eof 3900 gpd or 19.5 FDD'spyso asap jeer), 'fable 4-9 shows that misting wamr supplies ore scrotums a move existng and projected wourn demand in the CA, MIRGA. and ecommic development large. areas Dorado of We ArHGA Waugh 2029. Table 4-7: Projected(2028) Development and Water Supply AWminNEou teauplownwo macs t FilsUn eakwater demand' 650M ers4dsUrfa �.-........ maHrv[-Y_>.z9:�54[iv(`fifL{! 5'tlm"FetedbbGliuia"ah'sl'ati0 - _ 6 Newtaciesidenllaldemantl EpU °Ikmu 2028 2202 5 Waleltl ill LflGA PIop¢Was ,to graosmemP.4Y p° 656 R — ] Tomt Vlntal5 ]a5W 1 Ne4a�i(3lEN)MEMO Li.. t a. .RUM —W- -A Nan,: Eahc oaWou'veiMenwd¢lonsmat.,we er Eou. 6: IMmrood dsnaMbeacmm �umenu9ew",po lwalard—wo e MlkynledrewaenwffmmWee Trams xilhxalerpermN. CaMahazunus.N eritiopperml dwal-copfnaN� cons Ml[rcrease remre�1-11 NTmossus d ire onevmmmlrmhanown-aewcuucnearern enuMim P....re4 evgrce ananaEOU. u1nan'nel"Werdd,eee¢mMm¢M¢xNEexWalM b/ZJPe e 6is6yahgpy6ls JalGo. al2W Pplpn Eou. Howss, other factors enNan the .eed for addiuonsl wamr atom¢ any upgraded vestment and camfl union facility m nerve pereeted gowN. Touisfamerfactude. Gryoflic'usewq Mor,lod imansrmprthenslve Plan Wmu and Sewer Policy(aushe Remnl Rde, I.e. .Policeasudonof s).11 Inundation p mdes art, nalade asses will alood rds-mmdnpelwater or wasmwa car. Where does not meerhemthand safety al income —suchaz fde ailing septc sumi,is, con, hm,o'omiumsion. No, wancsyste wcomintmdonz or annexation ernere Pro iirogwademd/mme or Where age Mayor and ly radon agecements commit aerviarvmlecaons orwfierethe Ma)nr end C1ty Council dimmunnether[ nofrt mMbemrt ip.mt for signifiuntecnnamdc eevampmmroppmmrWmytonne clip. Annexation and Water Service As ilmi dbed in dheRuenl Relevant Policies scat, of the Pim Innoductioo, N<20o8 Annexation Pnlicydehnes thertlatomhipbetaan Mn<x.uon mdshe provision of watuservice. Nordert. eccivenew orexpmded wamrservirtepmpergomoermum agree to bemmoxed into the Ciay.Propnuea met cm[wt be annexcogermseffic,am not are to Ciry6nundaries must signapcoanexationagreement Some of Neuparcels me shown in Figm 2-4. Projected Water Demand and Capacity no Hagerstown wamrsyalem has adegmte rapacity to race( current water demandelbe combined water vevtment appropriation for Pit WIT and BW is 15.7 MOD, while peah daily voter demand is 13 MOD daring summer months( fuly-Sepmmber). Access. annual daily demand is 11 MOD. no demands for senice on the Hagerown water supply, demand to icase thegmwdi of much, towns ream eWddimmel—on demand. n, Table 4-6 shows thepinsd, and are, acre ate, forme D— mums currently milizwg the Hagunosvn water auppl in Hagerstown anticipates W r the Town ofSorghum M will micros adaumal water mloodmin (mom than doubling N. Timm, can... allocation) fir osite, to ac. More Do growth p jections in men ME Compmhem w. Plan. Both Facts mom and Wnbear "A bawo Or enwared minimal growth in mt years she avenge daily Over sage to Earn wasa umficamly 0%of,—ittMwithdrawal) and are not mddpming suble ntial growth in the mar fume. T)ds older. Or, Wind, warce, penWtailocaaon from Hagerstown mthye too towns should be sufficient for the life ofthis Plan: Table 4-6: Egisting antl Projected Water Demand from Towns A s toms a, coo fW+mw im"W apropos Water Average Unms¢d Mfirgnod A,mamenl GWlyu¢e AU.catian Pormeancreaae Ta1,Water Town pamill I2WY_I Permit R t Demand' F��0I5 rll gih.E•1 _ t6 ., 2 u ( Og3 1 .$Ibr Sm wderam lAus 1,265 110 1.700 3.015 gagLedues a ti _zcm0M Total(EDu) also zs0s toss ".a S,aso 101' la_dl_AGD}' -.Tee _ z T T_--o 1.111.tww _D ]b Mir a. AnagaM1l CenMircrmararePraalsaMlWtalwaM1r demaMate hMhlMw).1n]a. 4-15 Ch,mfleagerzmwn,Nar,dand Moe CamPreAemive Plan • Water demand doting successor mosea (luly-September) pairs at 13MGD, eHutvelyreducing We amount of water available W verve amars, growth- • the 1b],ex n Ruwrod, is eulrophic,o making on tow water 6picull, treat during amn c, on.Tim BTP is not a Noble water sour, during thesummer. The Hagen mom o-cawent and dos immune Korean was construing in are 1920s,and is agNo as shawm bylhe bigF eYzlem wale loss home. 'rneayssem natlnohc vpgrwadmmeet existing demmdnnd futmedevelopmcnL • Ram amendaw.n tolb"mieDdrding Water Act could necesseme modi6nuove m mes .Out and dionmennn s,.(including lbe WSP and BTPplants) 1. address by-products of inn chommadanpmcess. • Tratmenmfraw water supplies creates aasommorthat has to mast Clean Water A, dimbazgurequiwmcas. nb%yymwo iagoonsatihe W'tPhavembeupgradedtb vue[Ihases[.,..asa rar"I els0 vkely Nat the upgrady will bercgwrcd forthe wastewamr[agm s at the IITP. • Thaliagmoum coati sysmmcurreomyprovides wamr to approximaely 88.Mo Economics. ics end isdassinedazamWium system bybfaryland Depamuent of the Envhoumem. Bated oe Nm pmjaas. ]winos Cour no ensive Plagjs r mticipatrg Nat ...) y s8,Hmutyafied Laicon nosy. (sereiagjMBOUwmon customers)by 2@8,ifmtam er. Lngewannyx¢ms mesubjutm eddidonW monimdng nqu'v meets and acale,cd ubWWes forregulatory mmpiinn<e • As the Ci"Wero modWes the growth demands.ISmithsbung and explores the pmviaon of water service to. thin aWrilh warn, deficiencies in our sage,, the demands an We Hagerstown water supply mild increase fuNcer. Palenllal Ullimate Water Demand and Capacity Want Wit dmg water supplies me Maurice to serve Some pM]arms development, they are of odequamto some We most board at its w6upmmt(c e,'build01 In NC City and MRGA. Table 48 abow, a pclmoil deficit of app ort ionely 16,2i7 EDO (or 3.2 MOD). to adddon, dot Infers W ca re Commission repan shows a lie Side of more than 27,000 EDUS throughout No UGA (NcludNg the City, MRGA, and L 04 Buddiew would not occurantdwelllreyond2028 boar alp Howevey ins lmPenmpo wgMcght Ors cmbW tom so that lVvsfivgmn County —whose zc.mg rcgnlamms goes, W e).1RGA— mm usmw asw WRB m. evduem cud, irvaessmy, allulund usepoguea N Ne MRGA. Conslderations for Mundane, Long -Term Water issues To address the wispecm We. supply deficib new or expanded wile[ smrua, mocrsed raw water appmpriamem, and avoided trommo l and dism inamen systems win be needed. In addition, the hadown, pmjee , in the Ciy's Capital h.provemmt Program cm improve overall aysmm efficiency and rename the gap between buildoal demand and supply. n Thisvanaeamee„hose, orcodemin ryplcJlYluxltitp.nnrennaemofmm amrcenldngNwrier mom w elsill,. 416 417 Ciry or Hagerstowq Matdend 2IXIa Comprcheosivn Plan Table 4-8: Hagerstown Water System Supply and Ultimate Demand Mentmea6G%ImYm OoveloAmenl In Cilyend sourftl .—w b EDUfeare" urarsomeargi Aver -¢ball Ar l Axel l ewSu - so6M _p•, ectu--.ye .•"•dd£I tlemaiTdl+ t —f'.. - pggp a_ Palonlld new walerdenaM In Ci aN 1APGA 25.2]0 "'Hand Irma 3 5 c Tar Yad-`V3'E)Eu)biak - dYvYygtA3 Ttil aN L1attlwooaMl MRGA (2 81 9f.]] 3a*�fiiWblishW _h_1i_o1l+_Y__^T LV1h oLeey g y,...�N over: 'emstamy'an w"con"DonpYpal. 0: EvvlagaveiageJNj 6ammtlh l]AIGG. e1200 BPtlMEOU e. dr."wa1,e ps'ywM M+(fadlye l/AGA(l,>I2EW1,aNaJ55 E0Ual eonta W Isom Totm; arTaL aV. Add]UonW Supplies. Nov supplies muld rnmein the form orinveuM Mffidrawuk form am Pecomer River(meeting an borrowed appropriation awards from MDE), or tram other sources, such as groundwater. nm Ciry should work with MDR no dole iiie Nebntl tionforncworenp dedavatumou es. • Getteral Repalrsvtthe FdgementRaervoirandinoNerlomdonsloaddreszlWs sadreducawalmfas. Cards- system waterless lnhalfwwld redus thebuildout water defied shoran o Table tS by one-W rd. Suer sNafer ProlerRon ptivmrshed Improv . and Reecroir Iiiswereasid. Siam restomaka, and assigned can a mount aujou, are platmed be redus the lint Ofsedim aentering the Reiterates Rwmvou mDtlom ng this a mviable and Producdve'rer—undaoume. • Storage.RepMsmrnt oftbe Vied End Rourvatr(neu HWone Park) with wa¢r stomgecm .Relatedimpmve Bbegmn 2W7,wi6Phase Ebeginningo June 2009. Th<new wnuete unkcmad removal otthe eustiugrcservoh rot wnsisknl with the8afe Drivling WamrAu • Distribution System. Transmission maim Gom the lVPP avgi berzplaeed vilh lugermomto vdtlasssysmmd<ficimcies. Additional planned decor system pujsu wiG address dderioratimpiPe, rystemp-sera, and avavqualiry. Neav meters ere being numbed. Provide mare efficient and..,, setvtw. Water. Consorvalfon Water mmcnatiov is a low cast option for exmnding the life of existing water supplies. no Maryland W.mf Caner adev Plumbing Futuen Ara(MWCPFA)requires than new plumbing furores sold or installed as par, Of new canswcdon sat duignM to wnsm'e water Ponr[eefimsto upgrade tnewaterdiiMbudnn system wJt<oombummwatrr mncervaden by reducing aurrar seer Ion due m Inks. Beyond in. a regulamry.qul. eau and major npimlpmjeers. We City mold also proactively promote waterconurvnforthrough a coosded public education no ,tin, 4-18 a'a Hagapown,Maryland 2008 Com➢teberous Plan Maryland Slormwater Management Act The20WMaryland Scam icrDesign Manuo,Volumes Ik6isinwrpotatWby ref<uoc< into to City Code, and serves on the oRci al guide for swtmwamr ptmciples, mWaMs, odp astieu. The 207 Maryland Smamwater Management Act, passed by the General Assembly, so antlered substantial revision of the Slowwatu Dniym Mosual. no most notable ,.vision of the 2007Act is thercemoreaent that new development meEvvirormamad Site Design (Een, [mhniques, wMcb are Imounted 0 "mniomin Pro dtmle,mem runoff ehuzetetisties"ovthesins, ESDtshl VmuebuMOnthepremumatsmmtwma anagemeot should no[be mm�asnnrmwaterdisposal. Instead ofwuveyingund votingswm%v oinlarggwstlyendof-pipefativGw Iwntedatihebot(omof drainage mess, ESD addresses slonsueder though the use ofmnall, mueffutive Ian Lester features that am fiugumdy locaM omit¢. It is an effective means of mameJngboW alb-wazerqualily andquantiry. As ofndy 2010, We Urywas lethe pmcus o[mvizing (Lap¢r2U (SamswvmrMsaagan<np of irscode w mcomomte ESD and Ministers., An, wormer managementpo@ins wmdnetl in IDe Slormwater An ofRW). As one ofMer lord's obis, Cider, Hagerstown is a Iwadon that the crew's hel smndmg Smm Growth policies identifies as othensubs ideal Parena development and rcdcv<lopment. Although theCityintenda w wmplywith We207AU, there am subamndN ilium¢ Nu We 2W) SwrmandemAc, and mbsyuenl guidance published by MDE may innibi t rzdcvelopmmt o HaSersrown. no2W]Act re ime'n w"developmenttomxtsubstantiallym mamb eel amrmwamrmmagemem benchmarksOm for "rtdevelopmene" However, the Ciryis smell tnalmcedng the storme'atvmmagment brncM1marks for"edevelopmem"is impMimmlon.abludy..,lne. relevelrpmenLThinich. 1 lmlyw otherchallengestheaheadywmplkat] amenredevelopment,vuChtrcture, mmtNacn class -ups and the need to moofyor replawntilidn and boner iadrwwcmm. In addition, be City is returned abou[application of new OD a omit., s to multi,has, developments. Its assay of these rases, site -wide summonses "tares %at wmpliM with previous Prosecutor regulations have already been in stated, and overall pulse[ Graving is based as thepmvious genemdon of sin....rrmuima m s. gonads, mch developmenu to Change lm s, established infms ucturedmignswuld make such pexpei financially infeasible, thus dinnuraging othermse notable development While Oe City airports., end suppo mDoa.', overall intmtinn of reducingnon,ame recover insurance aides Chesapeake Bay and its Wbuwdes, it is the C trs causation that me awbotm s d numerm and otherpelimanu (as would be achieved wlth less stings. stormwatc requirtmenu) is P.fwabl c m an improvement M ad (w would be to a ewsit FSD.quhemenu push lord derdeen to pro sudd sites in we MRGA miner 0aan redevelopment wldhin the edA m, fabric ofine City.) 4-20 C'ityatlls,oneu e.sir'lesd 2008ComPrchemive Plan and bymoMivdng with asatu mo swk fording frraV4radn to a➢puoness and —11, Serum , Careful plamwg ofimnnwvtermsaaSemevt tecM1niques, aswA anFv loca4on and �miez or I mtdsnpwg on City suers, can help w rtduw or eendn me ..odor, wateringnc<ds, thus redudngClyrvide wmcrdcmand Nonpoint Source and Total Nutrient Loading Goals for Nutrient Loading L Ensure that the Ciry's c l onmmtal and development ardoucn se0ers the most recant staswnmmur and nocturnal source pollution policies. 2. Use traparst source aliment modeling to guide de header, amount, and type of development in mad monad the Ciry. Nutrient Loading Issues Addressed by this Element 1. Stem regulations egerang dermwamr monogamous have been updated slam airtime one 2008 Comp chatens, Plan. Tho Citys development ordiumcu should M updated to causes stale p0h, 1. Development in Hagerstown and abe.mmanding communities ¢ors t<s nonpoiur -meet loads ao Antietam Deck, Cursoc awe Cover, and Marsh Rua B is important to ¢,imamthu unseat loading and am than furore development could have on water quality. Prague man site Are assmant of Nestorian Source Policies Devisor sources(NPS) of nutrient pull advat in castle smtmwatr runoff from marls and lawns, to. nnd udimwt Gom wnawcdon, eyi smand runoff, awosplame deposiliov, and myrther smuru other Nan m nudall pipe ]hru se. ¢recalled onpoinlbemuu Weyinvoiveavtdely dispersed activities, and nenu wdigi<ult to re. AB non-p0intsoururofpopution wcmuazlyrench Newatzm oflhe Chesapeake Bayamless uil<r<d orrUained by vomesGuntaN system ornomnwdural le<nadgnes. N eethfueductiou luectims-es forgo. Eiamplacepolludov vsdazim llydinclaM to ss 'Best Management Prothro,' (BMPs). Examples of these tuhn0login cm naiad¢ morel (art arwv")..a s.Nondov mess within Iz, such as bW,pmmecon strand ul, and wsion he edge. Non-AuuuaM canals, sled as as in cobuffers nndstrums andntthe edge wvm- areas, me extremelyeRstive in rMuuvg the amomlofpollutavis lha rcaChma.rways. Ibis section cfianuetius Nepolines and procedure in plere�rNaznreA to b[ implemented—tomanagenonpomesmuepoludon iv Hagerstown. 419 CRY.Mageed.... larydad ring ComP¢6emice Plan Other Nonpoiral Sedum Manngnment Policies and Censidemlimns Septic Systems within Crporatel mvuduries Apposed scmly 2,600-ideas, not 1,000 ease of now—identiil developments am MRGA meurvM by individual ,be a,. (a of chick were band. of&a Cut's Cstponte Eoundarieswof2008y'Ibel�.estcancenmtionofresidtadMsepdcsystems ace along MD64(I[Ueaov Pike], paimarilYim the AobinwoM area [z,t ofllag<nt0avn. antl in rim noMeastemmmer nfWe MRGA,noM oflnvgmeadow Rd and owl of Marsh Pike (W Ymmeu Manor and inngmeadOw n eigfibofiooffi). The Gty's policy is to provide public wastewater umce to all annexed pmpemes. Cron,, many of the areas most likely to be eon expel though 2029 already relive pubiiewastawlemavice. net, actumpintuarre models used to prepare this Element dovotaediuoansdvv oflmg vurvbers ofsepdc zysmms (see Tatra Nutrient lauds follow), sbarmoss"n period" Willie lSD will be wil for M new development and redevelopment in Maryland, almodydeveloped areas often have aide, bas summer stomawaermmag[wn((SWM, facilifies—or oo SWMfadfitio man. theme,atetuworedo apinceoWerare falluduwDrven,suchmunts coot therontly. nogloudrride, nation lit pollution. , lodges. .,I.)souldidetail"a The C1ry(wm4ingmopemGvdy with theCmvty. and the GA ".,I.) should idemitoed a, id trofitamalonvwmec .a"rio inthe MRGAsarea avfiemunaekd ormirdmaliyLcaGA stormwatuhu the moo si8ldGctarimpaUau wamrquatity. Nutrient Lads and Aeelmllative capacity We carrion incomes the implications of me Cmprehensive Plane PLmrs land Use Ft.overprint awtce nutrient bade, min natdem wads(mapoim and Print me). mdimpervioussudac, She Cityof Ha,Rgerstownandthe MRGAocoypoWti of watershed and me Chose coome Day bac, -all Aviation icM1 Croak, Conerhe Potomac Rive Mrgins andthe Chesapeakecomesm:otho,4Creek, Conoco@¢aguevided Crack, and Marsh Run. 'These xatwhcds ere ahownon Map 43. "a information provided G Ws sw0on is imm�dedla wntdbulew Washingmn County', analysis of Cunrywide nuvient loadingw the.wmersfieds. ' Total Nutrient Loading Nonpoint sourer DIPS) add cn.loads rvuc evaluated] minga MPS model developed by WE. Mom detail on she PIES evehicime metlmdNo4y is prevented in We Wale Rov. action of the Compoduar ere Plan Apparition. Table 4-9 shows the estimated linen¢and N.(2028)nonpoivt some¢0rcInd., untie sysmmst, point arrow, and Imo future landUse pattern, We MRGA Itho ULirgc.nscles arhe Table 4. sad Gkety fuwa land use paltem, as ae0 w the point novae iNormati0v m Tvble 45. 'a Us scow m the numeric'sedfieadon eyelw meE by We Mtpiend Depam,ec ou n Pnrwurcm 421 t7ft,01th, cowry hlaeylmd ales Comp¢Lcrove Flan a Mxamzz W/Mpnues"won dlM adrylf."wev sYalgysue,bu9°on,'.veins. Overadloading[atu azeexpechA es dmpli due to two factors. ]hefirstisme lug FNRo, due to use ofES'sn now d fda,seadi,nonvele, cm,and aiourveto wouldsoma,duemuseofEmivncedevelopmentfmav entent,andm4W[Iter rice the Theseasaued Ares aboubmuceddel usediwufanuMent loading arc built boo the smkgenmamd nonpoin[ amine model used in this milpsis. As discuesm on Page 49 She " IDNC' o ntim), no TMDis or other measu res of assimilative rapacity have been developed for my ofHagerslown s wmersheds. As such, Um CiryM1as insufflcicn[infannnoov codetermine whedw its wakrsfitds tan mmmam TAiDU forMads ebowv in Ttersh 9. TIdpW ofg shwid heaev tee Dson compleps,joFTMDIs forHaganowv'x rvatersLeds—as pazt ofEPA's Chuapeil;e Bay TMI3LProjut. Impervious Surface Coverage impervlov s su daces am prbmrily human-mndeatidnees, sveif ss roads, rooftop; and s suddamin a s,whchdodosallayraNwatermentertheground.Theamoimpervious awmOrshcd is akey inai<amrofwataquiltry. thtatss withlarg6large amountsof Boperviom sudatt, vtoamwamr mods meany lmaczloads afpoliumnts (induNnB, but finex,tv vot ❑milm lu vutdeots) wto o vby steams, athigM1er svlum<s, wntribming taexcess and Nghvs quench saw rcs. Na percent the berms tench to warrant. queatyidr surfacesinina,csown totenpmanrof NemW area of a watershed.Not gwleydrapedoody ows messimpemwssudaec approachtt25oueenwfn eivmRGA.watershed. Table 4-10 shows me csisting and projected future Impervious xudaw i n at MRGA. 4-22 all of Hageratown, Afarylsed aces Con rebuuive plan Relaunnship to State and Loral Lana Use Goa, Senate Bit] 276(2009) amends i stole 66B to require me establishment me alakwlde gwi for inuusing Ne amount of developmentwithin Pami Traded Ae..(PFMI it decreasingdcvclopmentoumideofFEM. Aspmaof Udslaunjudefiefionsomardm eeabBSM1@egNoNg in 2011)laaliandnsegoils for the ammntof tlevelapmentimide ofPFM. dvelWmmT in$eterMReGsou,racpesonBlocmnoenf ttas n HagleyrsuppnomPsFthAe. wnanh, as Ha grsown Comprehensive Plan wilt result in foulness Vowed the statewide (and oveoNgy the 1«al)imduse goals. chyofHagersmwrthlarylana Mfg .'ov[aadaeplan Table 4-10: Impervious Surface Estimates, Exlsllug and Protected ,v,av"I lace. 21A% 12.6Ya la.. BaISIrd Net As mightbe etpeuetlw a devr3aptd aaa.impervious sudawpercenmges in the MRGA evower k.f.,tossicae3operamoM iell,llmenof the ABdGAerke's. How nfcwfaccoasmuslbewoftheed.Firs Ol L.Conmon gueC ss,md IS penenteofNecoralcombinedarea ofwhn.errm Oak, mr,11ha8ue Creel,avd Mars, Be. weersheds. Second,anefearNe savbonmentatimpncm omadve, asf un,vardwes W canbe miaoatm Ilwndwill di vend. noamfrnmrd and tprac oversuchaz Nene'. ESD aquvemenm, id will as ripuianmanagunent and ameam restoration c(fans. Finally,mmteof Mveydvnd'smajorddes,Hngrslowais wtadm lobe developed. oultlbeu na6lem export Hagerstown to rmuceiu impern szudazelorvnl standmds. TGshede'sno, offehn City'apulices, roar opmmoleinfildevtlopmn h RG Compfehemiv<asPlar'sCo net as. isalmiwrtdzc newimperviussurfacew an MRGA and w Nsshingmn County as e whole. Choice of Ladd Use Plan As fequhed by 1141 and the smte's\VREguidanw in details, ad Goiddineo 26. Ws WREevaluales the wear resources Impacts of the retying development and the 20U8 Comprehemive Plev's FUlmxlaud Use PL n. Funucduntimledsfrom Hagerstown willbesiart'ro ydeaeasmdue to\VSVTPupgnda and impmvm stormrvater m nagementprzetitts. Mon, hmp.s. water and weatexatef wpaciry 1eam66.1 wmponemof theoveraB ,.tides wmaidm in the Comprehensive Plan. In panitular, IM1e incurred.. about handled wamr and espwially wssawatur capacity in Use Hmmalown UGA (Bast wmpi I of In the Waterand Wastewater Element, which was( ere fommnner ofwhi WarerResomes, Blemeop was she basis for the City's de forms of Use MRGA ie i m primary cover area minimal 2028. The City'S policy ofe000um,We INai devele,mem was elso influenced by the ecogdBon ofexisaag water and wmteweler- infnvasonee. Brad as me hoards wnkined in Ilus 1Y . the Future land Use Plan whimishm in die 2008 Comprehensive Pim is upheld. 4—" Cityoflan,no eve,Dfardind s. Comprehemive Has Water Resources Policies Policy 4l. Understates will use water and wasmwrtcr policy to support afe ,will vat erean gowNm nvaid. gnats. The 2WSAmexetion Policy will covtivue m guide she provision of water and waskwa[U ,mend outalde ac an a d water and wrare boueaaries. The Crary will o or .a,.fr. the i",Ntlwater endwssmwzsormi.ree coo tnts. with x tole she Ciry mNat mtuimo in an xafionnnnaemenrs wish the City, es@ja as spsNrallycemplm in Ne2008 Annexarion Policy. Policy L2. Hagerstown will contlnueto wordmate wasmwater and loerpimuing and implementation wnh Washington County. \Vasfewmo: TM1rougb wmbrand voopemfon wish WaNineon Canary, vaalewmer capedly will be available for all new development in die aty of Hagerstown and We Measure Rouge GmwN Area, as well mother pdodry arras wittier the Laos Range GmwNArca. s WasoN 'Nmagh continued canpemtion with Washington Co., and a., —a of Wilarmspod, Summoned, and Name'.., W .... refuel, will be available for ell new development in she City ofHa,-. nand me Medium Unit Gmwe Aeea, az well vs other priority. within me lane Range Growth Area Policy 4-3. Hvg<rstown am maximize me capacity ofita asas.wabaas dcm. Policy 4A. This Comprehensive Plan edablishca fend pdodry areas for new or expanded water and wintesderawieq as aelinealm ern 1,,-4-2 and Prionryl. luau and redevelopment obtain the 2008 Corporate Boundary. Highalpdotityforueworexpandedwaver and wnown ear aoestiova. ➢rtonry d. Mclium-Renee Growth Ara. Second priority for new or expended wamr and wd,lewakrscrvicen ➢ffinry3, lane'Rno88Gmwth Arca. Enningsavi¢willbc maintained . New swine is not anticipated befose 2028, but may be wmiderm far empinymect caters, in support of City and can try economic development as oth.rgoals andpakive Is this Plod. n The ernopdon sthalia.n towns, ran wQae nif ape H a —"it as .Aa.e ofv i ewam aemee Wass de(... end GSA'a Pe.igvud .,a "tale,a deco rfiev NeaWl Aoreaaliuv Paliry'a gaalor'be-nNn6die FUll Ptoviduof mueieipA as -come uez ry als.e611(wthehuRGA marbeemtlamnrwafmnamnrvaaatr.eafe,.ieurio Weamberweea Lat. lid, AfUd3 a (eg. Fd<nGlap TttMalog Pahl ua,l,e 3f06 Corydon ao"ndenu. a-24 11 1 4-M City.4mr-roemb. C.."fl en,ive Penn novel 111cu"..'"."came, Idsom., .C'a oonoamerMr a .,I Pmc'o cp N'6rnmer.—aymna. cnq lo-onMow,o- a, of Hagerstown. Maryland So08 CnmyeFenxive Plm c. Roassigoment of an.varm firm Israel a ad mdervuWiand co mm1 and indusrdal pmperie, when they redevelop. This cold includerecoup ofname'buret off —mono." d. Explomm,of—. of greyw tar from me Hagersmwn Wastewater Treatment Phum h. feasible —such as fim renug efgeR or athletic field, m for indunnal pr.cesses—az rears of convermins water ruouees and mincing nutrient discharges to An&tme Crock. Action 4.5. A, um of fumrc nabove to the (ompcormsive Mae revise she dam, policies, and imtskanu mtinn matters I. this Water Resources Elemmtto mput TMI., established by she US EPA and MDE, Action 4.6. Centers m updam the Hydraulic Made) to demmoses wear system dynamics and deficiencies. Use the model to guide decidsur as they pertain in syemmimprovemema including, be,.1 fimlted to,.ysmm owge regmear,aw, pumping old. upgmd., and distribution eye. improvemem, Ac0oa 4.9. Conti ere to monitor produced water and billed wale' to'an-the system wade loss to 10 ferunror less, per MUE relle, Avg.. 4.8. Continuem moWmr vvuage day and peek day smorull, to boner predict when it is appropn am to e,,much MDE for ass ammo meal to she cu..t mum, afirearm of 15 MOD from the Potomac Well, Arm. 4.9. be jeem., flavor. chat mnpmsctive oflhe P erearsr wamrshud and warergae re Arcane 4.10. GHu to develop compemtive agre wilh Wellington County a,canvre situations and unadimnsefotgo umblimus ofwater We, waztewaterurvicuoubidethe Medium Range Gmwlh Mu M I, -orshdiscus,eammionof b,Torlroetlypaa de-11 as"stages err al M,pon and Pnendship Technology Pert, sswell az selmted '.identiil mews. Acton 4-11. Wooing wic,lVedingtor County, identify and possible, the correction of eorrwarer'To s ran" in the City and MRGA. Identify and use.mle, Wesel. and other funding soumes to ineffectual smrmusW..ffI io Sm. areas. Action 4-12. Adweard entrance flexible state m,tuwn¢fmaretwe eleardmde for redevelopmentpmferdes and multilmarpawed developmems. aryornngeremwn,huryland 2008 Comprel—eve, Plan No cam, or wanewater lamee wit he provided ovuWe crimfang Range normal Auca except for health and safety cervix. Any existing or future water lines exlceding outside of the long -Range Griever Am. baR be combined summool and no additiond mnnedtions will be permitted, except for hemth and safely reamsn. Pelful Hagersown will come adequate him, wale[ system supply by contmuinglomonilmsystemcapacilyandwoterum Policy4 6. The011111hoommuemotrasidenticar35,rousuofimannual evenewalermlocationrernew deveiepmesuobe used fornon-r.itlmrim developmenS with priority given to Hnsirma-Pmploymenlusee lam Chap1e,2).dindustnaloui Pollg49. Theurageellmnfmor'. existing tam strucmaand otlm,polici. that eneo rvnmrronurvatnn. Petry 4-8. no City D) mrsom experagel ¢junxdictionil coordination with the County and municipal utilities MNiv de 11agerslowo ODA, focusing on brimming rimetiend efficiumles by merging ecii,ping forest .... uch . laboratories, vdmwstrnoo. or trove, ,others Nbmeg Pollcy4-9. Hagermmvn will reduce its nonpeint source soundent loads through more asnnaanelmmwalwalcouaemealmorriremmm for development, selective bomwmtt rttro(t; and other.creme as eppmpnam. Water Resources Implementation Actions Alan.4-1. Continue to use and up date the Sewer gross, Allocation Plar(SCAP), as thanem in nme ies. fden, and regulations—ur. Adian 4-2. Reduce Me, ad lnflloatinn into the sewage reflection system by wngengm.'repahelferem. Considerprovidinginuntiv. for pmare lard developers or platform La regulations, Amato 4.3. screw be Flow Transfer Agreement with WnsNngmn Gmmy and ve the"sunur"<lause to mats ❑ewmnsfu. permanen[. Workwim V. aebingmn Coney m fully implement the Ft ow Tvnx fer .gmctrnr m manefe,.eamCiry wazmweerlin.a Ue Counry's Conacochcagem,guc W\Yrv. Adlon 44. Invenigam almnmm eays m manage waaevamr capacity, such as: a. Pin dpaooniiewe m's nmtnent=sd Potcynpsmi0ywhen se,ecsymo watusctNcc tohomes andbusi.esses onindividum septicsysmmmv,. @yalsomaybeablero"sd1"ex<s wpad[y, given Ne findingamfYables 4-1 and 4-5. b, lnflementatioo of more effirm., mormem metrumogy as it becomes available 4-2] 4.28 1 May, 2020 Case #: RZ-20-001 Application for Map Amendment Staff Report and Analysis Property Owner(s) : Donald M. Bowman Trustee Applicant(s) : Jone L. Bowman Residuary Trust, Linda Lou Ebersole Family Irrevocable Trust Location : S/S Hopewell Rd, 1/3 mile south I-70 underpass Election District : #26 – Halfway Comprehensive Plan Designation : Low Density Residential Zoning Map : 48 Parcel(s) : P. 246 Acreage : 11.64 acres (4 lots) Existing Zoning : HI – Highway Interchange Requested Zoning : RT – Residential, Transition Date of Meeting : May 18, 2020 I. Background and Findings Analysis: 1. Site Description The site is located at 11107, 11111, 11115 and 11119 Hopewell Road, approximately 1/3 mile south of Interstate 70. The total acreage of the four lots subject to this rezoning case is 11.64 acres. All properties are located within the Urban Growth Area (UGA) that surrounds the City of Hagerstown and the Towns of Williamsport and Funkstown. Currently, three of the four lots are undeveloped land which is being used for agricultural purposes. A 1.44-acre forest easement encompasses the rear portion of these three lots, numbers 2-4. Lot 1 has an existing home built upon it. Staff Report and Analysis RZ-20-001 WASHCO Arnett Farms LLC Page 2 2 There are no floodplain areas within the proposed rezoning site itself, but a perennial stream, Semple Run, runs through the adjacent residential properties located immediately across Hopewell Road before turning south and crossing the road just west of 11107 Hopewell Road. 2. Population Analysis To evaluate the change in population, information was compiled from the US Census Bureau over a thirty-year time frame. A thirty-year horizon was chosen to show long term population trends both in the election district of the proposed rezoning, as well as the overall trends of the County. The two parcels subject to this rezoning are located within the Halfway Election District (#26). As shown in the table below, the population in this district has grown more slowly than the County has over the thirty-year time frame between 1980 and 2010. District 26 has grown 13.54% over the thirty-year period (.45%) per year while the County as a whole has increased in population by 30.36% (1.01% per year) during the same period. Both the Halfway Election District and the County experienced their greatest population increase during the thirty-year period surveyed between 2000 and 2010. Table 1: Halfway Election District Population Trends Year Area Population % change from previous decade District 9,489 County 113,086 District 9,418 -0.7% County 121,393 7.3% District 9,854 4.6% County 131,932 8.7% District 10,774 9.3% County 147,430 11.7%2010 Population Trends 1980 - 2010 1980 1990 2000 Source: US Census Bureau 3. Availability of Public Facilities A. Water and Sewerage The adopted Water and Sewerage Plan for the County establishes the policies and recommendations for public water and sewer infrastructure to help guide development in a manner that helps promote healthy and adequate service to citizens. By its own decree, Staff Report and Analysis RZ-20-001 WASHCO Arnett Farms LLC Page 3 3 the purpose of the Washington County Water and Sewerage Plan is “…to provide for the continued health and well-being of Washington Countians and our downstream neighbors…”1 This is achieved through implementing recommendations within the County Comprehensive Plan and the Water and Sewerage Plan to provide for services in a timely and efficient manner and by establishing an inventory of existing and programmed services. Water: W-5-Long Term Planned Service (City of Hagerstown) Public water is not currently available at the site. The site is permitted to access water by well. The site is given the W-5 designation in the County’s 2009 Water and Sewerage Plan, denoting long term planned service. Neighboring parcels in the vicinity of the site generally also do not have present access to public water. The City of Hagerstown Water Division offered no comment on the proposed development when sent the application for review. Wastewater: S-3-Programmed Service (County) The subject parcels are programmed for public sewer service in the Water and Sewer Plan, but are currently slated to utilize onsite septic systems. Future wastewater service would be provided by the County at the Conococheague Wastewater Treatment Plant. Most neighboring parcels in the immediate vicinity also utilize onsite septic systems. Neither the Washington County Health Department nor the Department of Water Quality offered comment the application when routed a copy for review. B. Emergency Services Fire and Emergency Services: Volunteer Fire Company of Halfway (1114 Lincoln Avenue) – 1.5 miles away The proposed rezoning site is located within the service area of the Volunteer Fire Company of Halfway. This same entity also provides the nearest emergency rescue services. Their station is located approximately 1.5 mile away from the subject properties. 1 Washington County, Maryland Water and Sewerage Plan 2009 Update, Page I-2 Staff Report and Analysis RZ-20-001 WASHCO Arnett Farms LLC Page 4 4 A copy of this application was sent to the Washington County Division of Emergency Services. No comments were received. C. Schools Elementary - Williamsport, Middle – Springfield, High School - Williamsport The subject site is within the districts of Williamsport Elementary, Springfield Middle and Williamsport High schools. The requested zoning classification, Residential Transition (RT), would have the potential to generate students which are tracked under the County’s Adequate Public Facilities Ordinance (APFO) to determine school capacity. The APFO went into effect in 2004. The four-lot subdivision at the proposed rezoning site occurred in 2000. Therefore, while the proposed zoning classification would be expected to generate students that would impact the schools noted above, the pupil generation is considered as being part of the background enrollment for these schools. In essence, the impact of the subdivision should already be accounted for in present school capacity projections. Accordingly, these lots would not be subject to the school capacity mitigation requirements of the APFO under present circumstances. If the lots were subdivided again in the future, they would become subject to APFO requirements, provided they had a residential zoning classification at the time. 4. Present and Future Transportation Patterns Highways – Access and Traffic Volume The proposed rezoning site is located on Hopewell Road. The Functional Road Classification for Hopewell Road is as a minor collector in the Transportation Element of the 2002 Comprehensive Plan. This classification accounts for mobility and access characteristics of the roadway in its categorization. Minor Collector roads are designed to carry between 1,000 – 3,000 Average Daily Traffic in rural areas, and 2,000 to 10,000 vehicles daily in urban areas. The County’s road classification system is based upon the Federal Highway Functional Classification System, but modified to reflect local road conditions. All lots within the subdivision are plated to be served by individual driveways accessing Hopewell Road. Staff Report and Analysis RZ-20-001 WASHCO Arnett Farms LLC Page 5 5 Approximately ½ mile south of the site, Hopewell Road intersects with Wright Road. Within the County’s current 10-year Capital Improvement Plan (2020-2029), funds have been earmarked for the relocation of Wright Road. Approximately 2,000 linear feet of Wright Road will be rerouted to the north of its current alignment, onto adjacent parcel 57, through what is currently agricultural land. The project, which is contingent upon developer contributions and grant funding, would result in the creation of a 3-lane closed section road (one lane in each direction with a continuous left turn lane). Wright Road frequently experiences flooding issues as much of the road is located within the floodplain. In addition to evaluating public access of a parcel for rezoning purposes, it is also important to evaluate traffic generation and existing traffic volumes. This is commonly accomplished through analysis of historic and existing traffic counts as well as any existing traffic impact studies. As the proposed rezoning site is located on a County road, the only available data on traffic in the vicinity comes from nearby intersections with other County roads. The County’s Division of Engineering & Construction Management collected single day traffic counts at a number of locations in the vicinity of the site in 2016. These locations include the intersections of Hopewell Road and Hunters Green Parkway (north of the site), Hopewell Road near Shawnee Terrace (south), plus Wright Road and Elliott Parkway. Since these were first time collections at these locations, trends cannot be discerned. These counts do however give us an idea of traffic volume occurring in the “neighborhood.” The highest traffic volume was recorded at Hopewell Road near its intersection with Hunters Green Parkway at 2046 vehicles. This intersection is within the Hopewell Valley Industrial Park. The lowest count was at Wright Road near Elliott Parkway where 1073 vehicles were counted. Table 2: 2016 County Traffic Volumes Hopewell Road at Hunters Green Parkway 2046 near Shawnee Terrace 1453 Elliott Parkway 1073 Source: Washington County Division of Engineering and Construction Management Traffic Inventory Map Washington County Engineering Plan Review had no comment after receiving a copy of the rezoning application. Staff Report and Analysis RZ-20-001 WASHCO Arnett Farms LLC Page 6 6 Public Transportation This area is not directly served by public transportation. Routes 441 of the Washington County Commuter travels along Virginia Avenue in the vicinity south of the site from Hagerstown to Williamsport. The Hopewell Express, an employment shuttle provided by the Washington County Community Action Council, serves the Hopewell Valley Industrial Park from downtown Hagerstown. It does not travel along Hopewell Road as far south as the rezoning site, however. 1. Compatibility with Existing and Proposed Development in the Area: A. Zoning The subject parcels are currently zoned Highway Interchange (HI) and are requesting to change to Residential Transition (RT). The purpose of the RT zoning district is: “…to provide appropriate locations for single-family and two-family residential development in Urban and Town Growth Areas. The Residential, Transition District is usually located on the outer fringes of the Growth Areas, rather than the inner core, and is intended to be the least dense residential district in the Growth Areas at a density of between 2 and 4 dwelling units per acres …”2. Aside from single-family, two-family and semi-detached residences, other select principal permitted uses allowed in a RT zoning district include agriculture, churches, schools, mixed use developments and childcare facilities. Land uses such as bed and breakfasts, banquet and reception facilities and home-based businesses are allowed by special exception. 2 Washington County Zoning Ordinance, Section 7A Staff Report and Analysis RZ-20-001 WASHCO Arnett Farms LLC Page 7 7 Map 1: Surrounding Zoning Classifications There is a mix of zoning classes in the immediate vicinity of the four lots subject to this rezoning which are highlighted in green above on Map 1. Highway Interchange (HI) surrounds the properties to the south, northeast and southwest near the intersection of I-70 and I-81. Above I-70 along Hunters Green Parkway is also HI, part of the Hopewell Valley Industrial Park. The land along Elliott Parkway, which backs up to a railroad line, is zoned Industrial General. To the north, across Hopewell Road, and to the south, below I-81, is Residential Multifamily (RM) and Residential Transition (RT). Residential Urban (RU) is found in the northwest corner of the I-70/I-81 intersection. B. Land Use In the immediate “neighborhood” which is formed naturally around Hopewell Road as it passes under I-70, is bounded by the railroad line to the north and I-81 to the south, the land use is entirely residential or agricultural. Both single-family residential and multifamily apartments (Hopewell Manor and Hopewell Station) are found in the vicinity. Lakeside trailer park is found nearby on the north side of I-70, where it intersects with I- 81. Staff Report and Analysis RZ-20-001 WASHCO Arnett Farms LLC Page 8 8 This “neighborhood” is mostly self-contained by the barriers presented by these major transportation routes. Therefore, the heavily industrial lands along Elliott Parkway and in Hopewell Valley Industrial Park have limited influence on the immediate environs of these four lots. C. Historic Sites Another important component of compatibility is the location of historic structures on and around the parcels being proposed for rezoning. According to the Washington County Historic Sites Survey there are 3 existing historic sites located within an approximately ½ mile radius of the proposed rezoning areas. One of the three sites, known as Sprechers Mill, is located on Lot 1 of the area subject to this rezoning. Below is a listing existing historic resources within a ½ mile radius of the subject parcels. • WA-I-357: “Sprechers Mill House,” early-19th century, 2-story brick dwelling associated with Sprechers Mill (gristmill) formerly located nearby on Semple Run. Listed on National Historic Register. • WA-I-356: “Hopewell Hereford Farm,” early-19th, vernacular, farm complex encompassing 2-story stone house and two bank barns, associated with Sprechers Mill. • WA-I-364: “Salisbury Mill Site and House (Sprechers Mill)” early-18th century, 1.5-story stone farmhouse associated with Sprechers Mill formerly located on same property. 2. Relationship of the Proposed Change to the Adopted Plan for the County: The purpose of a Comprehensive Plan is to evaluate the needs of the community and balance the different types of growth to create a harmony between different land uses. In general, this is accomplished through evaluation of existing conditions, projections of future conditions, and creation of a generalized land use plan that promotes compatibility while maintaining the health, safety, and welfare of the general public. Each of the properties is located in the sub-policy area Low Density Residential. The Comprehensive Plan offers the following definition for this policy area: “This policy area designation would be primarily associated with single- family and to a lesser degree two-family or duplex development. It is the largest policy area proposed for the Urban Growth Area and becomes the main transitional classification from the urban to rural areas.”3 3 2002 Washington County, Maryland Comprehensive Plan, Page 243 Staff Report and Analysis RZ-20-001 WASHCO Arnett Farms LLC Page 9 9 3. “Change or Mistake” Rule When rezoning’s are not part of a comprehensive rezoning by the governing body, individual map amendments (also known as piecemeal rezoning’s) are under an obligation to meet the test of the “Change or Mistake” Rule. The “Change or Mistake” Rule requires proof by the applicant that there has been either: a substantial change in the character in of the neighborhood since the last comprehensive zoning plan (2012), or a mistake in designating the existing zoning classification. As part of the evaluation to determine whether the applicant has proven whether there has been either a change or mistake in the zoning of a parcel, the Maryland Annotated Code Land Use Article and the Washington County Zoning Ordinance state that the local legislative body is required to make findings of fact on at least six different criteria in order to ensure that a consistent evaluation of each case is provided. Those criteria include: 1) population change; 2) the availability of public facilities; 3) present and future transportation patterns; 4) compatibility with existing and proposed development for the area; 5) the recommendation of the planning commission; and 6) the relationship of the proposed amendment to the local jurisdiction’s Comprehensive Plan. Even when change or mistake has been sufficiently sustained, it merely allows the local governing body the authority to change the zoning; it does not require the change. When conditions are right for a change the new zone must be shown to be appropriate and logical for the location and consistent with the County’s Comprehensive Plan. II. Staff Analysis: The analysis of a rezoning request begins with a strong presumption that the current zoning is correct. It is assumed that the governing body performed sufficient analysis, exercised care, and gave adequate consideration to all known concerns when zoning was applied to a parcel of land. However, there are instances by which a case can be established to show that the governing body either erred in establishment of the proper zoning of a property or that enough change has occurred within the neighborhood surrounding the property since the governing body’s last assessment to require a new evaluation of the established zoning designation. The applicant of this case has indicated in their justification statement that they believe that a mistake was made by the local legislative body to rezone the property in 2012. As noted in the prior section describing the “Change or Mistake” Rule, the Washington County’s Zoning Ordinance requires data to be presented to the local Staff Report and Analysis RZ-20-001 WASHCO Arnett Farms LLC Page 10 10 legislative body on factors such as population change, present and future traffic patterns, the availability of public facilities, the relationship of the proposed change to the Comprehensive Plan and its compatibility with existing and proposed development in order to determine how the area subject to rezoning has evolved since the comprehensive rezoning. 1. Evidence for Mistake in the Current Zoning In order to demonstrate that a mistake was made by the regulatory body in applying the existing zoning classification to the parcel, the applicant must establish that an error occurred as a result of factors such as: 1. A failure to take into account projects or trends probable of fruition; 2. Decisions based on erroneous information; 3. Facts that later prove to be incorrect; 4. Events that have occurred since the current zoning; or 5. Ignoring facts in evidence at the time of zoning application. The last Comprehensive Rezoning in Washington County was completed in 2012, affecting the Urban Growth Area that surrounds the City of Hagerstown and the towns of Williamsport and Funkstown. The Rezoning affected approximately 17,000 parcels and 38,000 acres of land.4 Information such as population projections, growth trends, transportation and infrastructure data, and the recommendations of the Comprehensive Plan were considered as a part of this effort. The input of property owners, local officials, County staff and the general public was also solicited and considered in the assignment of each parcel affected by the Comprehensive Rezoning. Landowners were also given the opportunity to appeal the rezoning of their property at that time if they felt aggrieved by the Board’s decision. The applicant contends that the Board of County Commissioner’s erred in their decision during the 2012 UGA Comprehensive Rezoning to rezone the lots in question to HI. The applicant claims that factors such as following were not fully considered by the Board in their 2012 decision: • The existing fact that substantial road improvements would be necessary to make the property suitable for commercial development; • The existing fact that public water is generally unavailable to the property; • The assumption that the property would likely be developed in conjunction with neighboring Parcel 695. 4 Washington County Ordinance No. ORD-2012-08 Staff Report and Analysis RZ-20-001 WASHCO Arnett Farms LLC Page 11 11 i. Property Background Information Before analyzing the applicant’s assertion that the local legislative body erred in their decision to rezone the property in 2012 from HI-2 to HI, its important to understand some background context on the property’s developmental history. First, the original intent of the owner for the property was to develop them as residential lots. This is evident by virtue of the recordation of Washington County Plats 6462-6463 in 2000 which created the four-lot subdivision (Applicant’s Exhibit 1). Lot 1, as noted earlier, already had a house on it at that time which dated to the early 1800s and was built in the vicinity of a nearby grist mill which operated during the same time period. The plat, which depicts proposed locations of dwellings and septic areas, therefore represented a continuation of the rural residential land use long present in the area of the site. Second, the zoning of the property prior to 2012 was HI-2. The now repealed HI- 2 zoning district was a predominantly high-density residential zoning district that also allowed some light industrial uses. The rezoning of the property from HI-2 to HI, which does not allow residential development, thereby constituted an intensification of the permitted land uses on the property from its historical pattern of development. Finally, a significant factor in the Board’s decision to rezone the property to HI in 2012 was a formal request from the property owner (Applicant’s Exhibit # 4). The applicant’s request was based upon the following reasoning or assumptions: 1. The proximity of the property to I-81; 2. The HI zoning would match adjacent parcel 245 (located immediately north of the site); 3. The parcel would be developed in tandem with parcel 695 (also owned by Mr. Bowman, located immediately south of the site) This request contradicted the County’s original proposed zoning for the site in 2012, which was RT (Applicant’s Exhibit # 3, line 22). RT is what the applicant is currently requesting for the property. ii. Substantial Road Improvements The applicant’s first assertion in their contention that a mistake was made to rezone the property to HI in 2012 is that substantial road improvements would be necessary to make the property suitable for commercial development. Consistent with the conditions Staff Report and Analysis RZ-20-001 WASHCO Arnett Farms LLC Page 12 12 described in the applicant’s Justification Statement, the suitability of the existing road network in the area to provide for the size or volume of vehicles consistent with an HI zoning designation is highly questionable. As noted by the applicant, while there is proximate access to I-81 Exit 3 (Virginia Avenue near Williamsport) less than 2 miles from the subject site, Hopewell Road itself is entirely unsuitable for commercial vehicle traffic in its present condition. Hopewell Road beyond the I-70 underpass can be generally characterized as a typical narrow County road with limited or no shoulders in certain segments. Further, at the intersection of Hopewell and Wright Road, it is necessary to cross a narrow one-lane bridge over Semple Run in order to proceed to I-81 Exit 3. The applicant goes on to present cost estimates, environmental concerns and other considerations that would essentially make the necessary road improvements to Hopewell Road to serve a commercial/industrial use infeasible (Applicant’s Exhibits # 5 - # 9). Commercial vehicle access to I-81 Exit 5 (Halfway Blvd), of similar distance to the rezoning site as Exit 3, would also likely necessitate significant road improvements such as shoulder widening and potentially an upgrade to the railroad crossing just beyond the I- 70 underpass where Hopewell Road intersects the CSX rail line. Further, as noted earlier in this staff report, the existing path of Wright Road frequently experiences closures due to flooding as much of the road is located within the floodplain. For this reason, the County has budgeted for the relocation of the road within its current 10-Year CIP. Therefore, the present condition of Wright Road, which would provide an alternate route to I-70 Exit 24 (MD-63) for truck traffic from a prospective commercial/industrial business at the subject site, is also inadequate for the task. Thus, staff agrees with the applicant that substantial road improvements would have to be made to the current condition of multiple roads in the vicinity in order to adequately and safely serve a commercial or industrial business at the site of this rezoning. The existing conditions of Hopewell Road as well other alternative routes that would potentially serve the heavy vehicle traffic generated by an HI use would certainly have been evident to the Board at the time of its decision in 2012. ii. Public Water Availability The applicant’s second major argument in support of a mistake in the current zoning is the lack of public water available to the site. Adequate water and sewer infrastructure are imperative to serve the needs of commercial or industrial land uses. The ability these types of businesses to operate on a well and septic system is typically impractical, as it carries Staff Report and Analysis RZ-20-001 WASHCO Arnett Farms LLC Page 13 13 risks to public health and limits the potential for future expansion of operations at the same site. Therefore, public water and sewer access is optimal to serve commercial and industrial land uses in most cases. The current W-5 (Long Term Planned Service) and S-3 (Programmed) service designations in the County’s 2009 Water and Sewer Plan for the site were noted earlier in this report. These designations indicate that while connection to public sewer service is generally available to the site, public water (via the City of Hagerstown) is not readily available to the site. It’s additionally pointed out by the applicant that these lots lie outside the City’s Medium-Range Growth Area (MRGA). Properties within the MRGA are prioritized by the City for connection to public water or sewer service when it becomes available while those outside the MRGA are not eligible for connection unless a special exception applies. It is not clear that the site in question would qualify for a special exception under the City’s water and sewer connection policies, particularly if it was not developed in tandem with adjacent properties that might then cause such a project to be viewed as a significant boost to economic development for the City and County. Therefore, when one combines both the difficulty of providing adequate road access with the current hurdles to connecting with public water to the site, it is evident that significant infrastructural hurdles exist to develop these properties into a large scale commercial or industrial use as might be expected with an HI zoning designation. The City’s exceptions to its water and sewer policies for extending service outside the MRGA, as well as the boundaries of the MRGA, and the current service designations were all in evidence in 2012 at the time of the Comprehensive Rezoning. iii. Future Development Assumptions At the time of the Comprehensive Rezoning of the UGA, it was the assumption of the landowner that that this property would be developed in tandem with parcel 695, also owned by Mr. Bowman, located to the south. This assumption was set forth in the applicant’s request letter mentioned previously. Ultimately, the barriers already discussed to the development of a commercial or industrial use at the site (roads, public water) have proven to be a significant hinderance to developing either of the two parcels in question owned by Mr. Bowman. As a result, the assumption utilized by both the applicant and the Board during the 2012 Comprehensive Rezoning proved to be incorrect with the passage of time. III. Recommendation: Staff Report and Analysis RZ-20-001 WASHCO Arnett Farms LLC Page 14 14 The applicant has claimed that a mistake was made to rezone the property from HI- 2 to HI in 2012. The burden of the applicant in a “Mistake” case is to provide evidence that the Board: 1. Failed to take into account projects or trends probable of fruition, 2. Made decisions based on erroneous information, 3. Used facts that later prove to be incorrect, 4. Couldn’t have foreseen Events that have occurred since the current zoning 5. Ignored facts in evidence at the time of zoning application. Regarding the charge of mistake, while not the sole basis for the County’s decision to apply the HI zoning classification to the property in 2012, the property owner’s request for this classification surely played a large role in the County’s decision. The passage of time has revealed that the rationale utilized to justify the rezoning at the time, such as the proximity of the site to I-81 and the potential for it to build out as a commercial or industrial use in tandem with neighboring parcels, was incorrect. It is also likely that further consideration about the present adequacy of public infrastructure (roads, water and sewer) to support development of this intensity in this location may not have been given full consideration in the decision to apply the HI zoning. Consequently, staff concludes that convincing proof has been offered by the applicant demonstrating that a mistake was made to rezone the property from HI-2 to HI in 2012. The applicant’s request for the RT zoning classification is entirely logical for the present subdivision of the property and its past development history. The development of a residential use on these properties would fit the existing character of the neighborhood and place significantly less burden on existing public infrastructure in the vicinity. It would also allow the County to proceed with capital road projects, such as the relocation of Wright Road out of its current location in the floodplain, in the timeline currently laid out in the CIP without additional pressure to move up the timeline for capital improvements. Respectfully Submitted, Travis Allen Comprehensive Planner County DEPARTMENT OF PLANNING & ZONING COMPREHENSIVE PLANNING I LAND PRESERVATION I FOREST CONSERVATION I GIS June 8, 2020 Property Owner(s) Applicant(s) Location Election District Comprehensive Plan Designation Zoning Map Parcel(s) Acreage Existing Zoning Requested Zoning Date of Meeting RECOMMENDATION APPLICATION FOR MAP AMENDMENT PLANNING COMMISSION RECOMMENDATION Donald M. Bowman Trustee Jone L. Bowman Residuary Trust, Linda Lou Ebersole Family Irrevocable Trust S/S Hopewell Rd, 1/3 mile south 1-70 underpass #26 — Halfway Low Density Residential 48 P. 246 11.64 acres (4 lots) HI — Highway Interchange RT — Residential, Transition May 18, 2020 The Washington County Planning Commission took action at its regular meeting held on Monday, June 1, 2020 to recommend approval of Map Amendment RZ-20-001 to the Board of County Commissioners. The Commission considered the applicant's claim that a mistake was made in the property's original zoning, the application, supporting documentation, the applicant's presentation, and the Staff Report and Analysis. Copies of the application packet, justification letter, Staff Report and Analysis, minutes of the May 18, 2020 public rezoning meeting and the minutes of the June 1, 2020 regular meeting are attached. Respectfully submitted, Jill Baker, Director Washington County Department of Planning & Zoning JLB/TMA/dse Attachments cc: Kirk Downey Thomas Britner 100 West Washington Street, Suite 2600 1 Hagerstown, MD 21740 1 P: 240.313.2430 IF: 240.313.24311 Tun: 7-1-1 WWW.WASHCO-MD.NET WILLIAM McCLURE ScHILDT bsch!ldtCstrttelaw.com HAND-DELIVERED and LAW OFFICES STRITE AND SCHILDT A PROFESSIONAL AsSOCIATION 44 NORTH POTOMAC STREET HAGERSTOWN, MARYLAND 21740 (301) 739-7680 FACSIMILE (301> 739-7684 May 15, 2020 VIA ELECTRONIC MAIL (deckard@washco-md.net) Washington County Planning Commission 100 West Washington Street Hagerstown, MD 21740 SAMUEL C. STRITE heoe-1990) RE: Zoning Ordinance Map Amendment Applications of the Jone L. Bowman Residuary Trust and Linda Lou Ebersole Family Irrevocable Trust filed January 20, 2020. Case No.: RZ-20-001 Dear Commission Members: I represent and am writing to you on behalf of Hopewell Cushwa Farms, LLC, a Maryland limited liability company, in regard to the above-captioned zoning map amendment applications ("Applications"). My client requests that this letter be made part of the record of the hearing on the Applications which is scheduled to be held on May 18, 2020. Hopewell Cushwa Farms is the owner of the property which is described on Tax Map 48 as Parcel 245 and is adjacent to the property which is the subject of the Applications ("Applicants' Property") on the latter's eastern and southeastern borders. Hopewell Cushwa Farms does not oppose the rezoning requested in the Applications. It is submitting this letter to clarify several matters addressed in the Applications or in the Staff Report and Analysis ("Report") relating to them. First, although apparently still designated a historic site (see Report at page 8), the stone farmhouse which was part of the Hopewell Hereford Farm complex and located on the Received via e-mail on May 15, 2020 RZ-20-001 - Public Comment STRITE AND SCHILDT A PROF'ESSIONAL ASSOCIATION Washington County Planning Commission May 15, 2020 Page 2 Hopewell Cushwa Farms property was destroyed by fire years ago and its remnants removed at the request of Washington County government. Second, the recently expanded multifamily apartment complex, as well as the agricultural land that is part of the Hopewell Cushwa Farms property, located in the immediate neighborhood of the Applicants' Property and of the Hopewell Cushwa Farms property would benefit greatly from the planned improvements to Wright Road in the vicinity of its inter­ section with Hopewell Road. (See Report at pages 5 and 7). However, the Hopewell Cushwa Farms property's use of Hopewell Road is more naturally in the opposite direction toward Hopewell Road's intersection with Hunters Green Parkway. Third, the Hopewell Cushwa Farms property is closer to the intersection of Hopewell Road and Hunters Green Parkway than is the Applicants' Property and is highly visible from both I-70 and I-81. Hopewell Cushwa Farms is presently in the planning stage of an extensive marketing campaign to obtain a commercial developer of its property. The Hopewell Cushwa Farms property is nearly five times the size of the Applicants' Property and is situated differently in the neighborhood from it. Thank you for the opportunity to make this letter part of the record of the hearing proceedings. /pls cc: Ms. Joan Baer Thomas 0. Britner, Esquire Mr. Travis Allen Very truly yours, Open Session Item SUBJECT: Washington County Gaming Commission’s Annual Report and Fiscal Year 2020 Gaming Fund Allocation Announcement PRESENTATION DATE: August 11, 2020 PRESENTATION BY: Susan Buchanan, Director, Office of Grant Management and Brian Getz, Chair, Washington County Gaming Commission RECOMMENDED MOTION: This presentation is for informational purposes only. No motion or action is requested. REPORT-IN-BRIEF: The Washington County Gaming Commission wishes to present their annual report to the Board of County Commissioners. They will also announce their fiscal year 2020 funding decisions. In fiscal year 2020, the Gaming Commission had available $1,671,558.59 for distribution to local charitable organizations and the Volunteer Fire & Rescue Association. This figure reflects a decrease in revenues of $373,440.96 when compared to the previous fiscal year. In accordance with State Statute, 50% of the funding received is allocated to the Washington County Volunteer Fire & Rescue Association and the remaining has been allocated to charitable organizations in Washington County. DISCUSSION: In May of 2020, the Gaming Commission received 77 funding applications from 70 charitable organizations. The total amount of funding requested within those 77 applications was $1,528,915.14. The applications were reviewed and considered by each Commissioner. After review, group deliberations and public hearings, the Gaming Commission determined appropriate funding allocations based on the published and approved “Guidelines for Distribution of Gaming Funds” which is consistent with the State Statute governing the distribution of such funds. FISCAL IMPACT: There is no fiscal impact to the Washington County general fund. CONCURRENCES: N/A ALTERNATIVES: N/A ATTACHMENTS: Funding Allocation Press Release (to be provided during presentation). AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: Intergovernmental Cooperative Purchase Contract Renewal (INTG-20-0036) – Purchasing Card (PCard) Program Services PRESENTATION DATE: August 11, 2020 PRESENTATION BY: Rick Curry, CPPO, Director of Purchasing and Darryl Brown, Accounting Supervisor, Budget & Finance Department RECOMMENDED MOTION: Move to renew the contract for the Intergovernmental Cooperative Purchase/Use of Commercial Card Services with JPMorgan Chase Bank, N.A., via a County of Fairfax, Virginia contract (Contract Number: 4400007090) that provides for a percentage rebate to the County based on the annual combined charge volume and average fileturn tier contained in the contract. REPORT-IN-BRIEF: A Purchasing Card Program and Policy was endorsed and adopted by the Board of County Commissioners in January 2002. Its purpose was to establish procedures under which departments control/monitor the use of Purchasing Cards assigned to and utilized by employees for procuring and paying for low dollar value goods and services. The cards are also used for business travel and/or entertainment expenses. The County initially utilized the State of Maryland’s contract with Bank of America. At its expiration on April 30, 2013, the County contracted with JPMorgan Chase Bank, N.A. The County’s annual PCard spend is stated below. Based on this spend amount, the County has received annual rebates as stated below. Calendar Year Total Spend Rebate The Purchasing Card benefits the County by streamlining the purchasing process. It provides flexibility, efficiency, increased productivity and cost savings: - Invoices are consolidated, reporting and tracking systems are improved. - Improved controls on delegated purchasing (under $2,500) - Spending controls are adjusted to fit employees’ needs. - Fewer manual checks are required by Accounts Payable The Purchasing Card benefits suppliers by automating payments: - Suppliers receive payment within 72 hours. - Invoicing and tracking are eliminated. Section 1-106.3 to the Code of the Public Local Laws of Washington County, Maryland) grants authorization for the County to procure goods or services under contracts entered by other government entities. On procurements over $50,000, a determination to allow or participate in an Board of County Commissioners of Washington County, Maryland AGENDA REPORT FORM intergovernmental cooperative purchasing arrangement shall be by resolution and shall indicate that the participation will provide cost benefits to the county or result in administrative efficiencies and savings or provide other justification for the arrangement. Acquisition of the services through the intergovernmental cooperative purchase eliminates the administrative time and costs associated with the County bid process and results in a higher revenue generation by joining in an existing contract with rebates based on economies of scale. The proposed contract has also been utilized by Montgomery County, Prince George’s County, Howard Community College, City of Rockville and Frederick City, County and schools. The recently used contract between JPMorgan and Fairfax County expires August 16, 2020. DISCUSSION: N/A FISCAL IMPACT: Administrative cost savings as well as revenue generation (rebates) based on a percentage of spend incurred. CONCURRENCES: Chief Financial Officer ALTERNATIVES: (1) Process our own bid for the services in which revenues would not be as favorable, or (2) piggy-back the State of Maryland’s contract for PCard services which does not pay any rebates (revenues) to local jurisdictions. ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A 0 X - my, r,,e...0009c111q&F o-OW tag C SIII h. Coon„eon,n,-coon„ t Coven - -�z sd,a Contract Details Contract inmmre[lon Contras! Procurement Card Services Name/Oeacrlptlon. Contract Number 4400009090 Erz ira ion Date: 8/14/20M Y of Extensions: 2 Buyer Code: G1T Buyer Name: Pun,]amie Contract Documents Noticeof Award Acceptance Agreement Addendum 3 Addendum 2 Addendum 1 RFP Amendmentl Amendment2 Amendment3 Amendment C4 Contractor Information Contractor Name: 3P MORGAN CHASE BANK NA Contractor Contact PATRICIAB.ATKINS540-349-8882 Open Session Item SUBJECT: Contract Renewal (PUR-1429) Accounting and Review Services PRESENTATION DATE: August 11, 2020 PRESENTATION BY: Rick Curry, CPPO, Director of Purchasing and Sara Greaves, Chief Financial Officer, Division Director of Budget and Finance RECOMMENDED MOTION: Move to renew the contract for the Accounting and Review (Fire & Rescue) Services with Smith Elliott Kearns, LLC (SEK) of Hagerstown, Maryland based on the rates (see attachment) proposed in its letter dated July 10, 2020 for services that includes the Accounting and Reviews Services. REPORT-IN-BRIEF: On June 25, 2019, the Board originally award a contract for the Accounting and Review Services to SEK in the amount of $446,000 based on SEK’s Fee Schedule for the Accounting and Review Services for the twenty-three (23) Fire and eight (8) EMS companies. The services include but not limited to; 1) Accounting and Review Services of annual County allocation to Fire/EMS companies; 2) Collection and review of Fiscal Reporting of companies per County policy; and 3) Senator Amoss fund reimbursement and reporting per State regulations. The initial term of the contract is for one (1) year period that tentatively commenced on July 1, 2019 and ended June 30, 2020, with an option by the County to renew for up to four (4) consecutive one (1) year periods thereafter, based on the annual lump sum fees proposed by the successful firm. SEK has maintained an excellent relationship with the Budget & Finance Department and have been performing the contract to the satisfaction of the Budget & Finance Department. DISCUSSION: N/A FISCAL IMPACT: Funds in the amount of $100,000.00 are budgeted in account 515000-10- 93130 for the costs of the services. CONCURRENCES: Budget & Finance Division Director ALTERNATIVES: N/A ATTACHMENTS: SEK’s letter dated July 10, 2020 AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Guidance You Can Count On. CPAs & ADVISORS 19405 Emerald Square, Suite 1400 Hagerstown, MD 21742 301-733-5020 Washington County Government Purchasing Department c/o Rick Curry 100 West Washington Street, Suite 3200 Hagerstown, Maryland 21740 Dear Rick: E C E I V E D 13 P p 1 � ,�ti � it I'ilri July 16'11 oha, C1t1G This letter serves as a letter of intent for Smith Elliott Kearns & Company, LLC to renew contract PUR-1429 for accounting and review services for Washington County Government for the period of July 1, 2020 through June 30, 2021 (FY 2021). Per the initial contract, our fees for FY 2021 will be as follows: 1. General Appropriations 2. Senator Amoss Funds 3. Financial Reporting Total $ 41,400.00 $ 38,700.00 $ 5,600.00 $ 85,700.00 Sincerely, A CPC Kelly T. Smith, CPA, CGMA Member of the Firm Camp Hill, PA I Carlisle, PA I Chambersburg, PA I Hagerstown, MD I Hanover, PA I York, PA I sek.com Open Session Item SUBJECT: Sole Source Procurement – (PUR-1478) Pure Storage Flash Array Upgrade PRESENTATION DATE: August 11, 2020 PRESENTATION BY: Rick Curry, CPPO, Director of Purchasing; Josh O’Neal, Director, Division of Information Systems RECOMMENDED MOTION: Move to authorize, a Sole Source Procurement for the Pure Storage Capacity Additions to GHA Technologies, Inc. of Phoenix, A Z in the amount of $195,841.40 based on the company’s Quote Number 2278030 dated July 16, 2020. REPORT-IN-BRIEF: The Purchasing Department received a request from the Division of Information Systems regarding the procurement of Pure Storage Flash Array Upgrade. Information Systems wishes to apply Sections 1-106.2(a)(1) & (2) of the Code of Local Public Laws of Washington County, Maryland, to the procurement requested. These sections state that a sole source procurement is authorized and permissible when: (1) Only one source exists that meets the County’s requirements and (2) The compatibility of equipment, accessories, or replacement parts is the paramount consideration. The existing storage arrays need additional space in order to handle the influx of digital information being handled by the County due to the transition of many business practices to online only during the pandemic. This addition will cover the immediate demand and provide expansion for anticipated additional online citizen services departments plan to provide going forward. The procurement is to increase the array’s capacity that will provide the ability to support teleworkers by increasing the number of virtual machines that can be created. This request requires the approval of four (4) of the five (5) Commissioners in order to proceed with a sole source procurement. If approved, the following remaining steps of the process will occur as outlined by the law: 1) Not more than ten (10) days after the execution and approval of a contract under this section, the procurement agency shall publish notice of the award in a newspaper of general circulation in the County and 2) An appropriate record of the sole source procurement shall be maintained as required. DISCUSSION: N/A FISCAL IMPACT: Funding is available from CARES grant, specifically set aside for improvements to teleworking infrastructure. CONCURRENCES: Information Systems Division Director ATTACHMENTS: Price Quote 2278030 dated July 16, 2020 from GHA Technologies, Inc. Board of County Commissioners of Washington County, Maryland Agenda Report Form GHA Technologies, Inc. Dept. #2090 PO Box 29661 Phoenix, Arizona 85038 United States http://www.gha-associates.co m (P) 480-951-6865 (F) 480-951-6956 Date Jul 16, 2020 10:31 AM EDT Modified Date Jul 16, 2020 10:32 AM EDT Quotation (Open) Doc # 2278030 - rev 1 of 1 Description Pure Storage - Capacity Additions SalesRep Goater, Nicholas (P) 480-308-8744 (F) 480-951-6956 Customer Contact O'Neal, Josh joneal@washco-md.net Customer Washington County, MD (WC5980) O'Neal, Josh 100 W Washington St Room 3300 Hagerstown, MD 21740 United States (P) 240-313-2270 Bill To Washington County, MD Payable, Accounts 100 W Washington St Room 3300 Hagerstown, MD 21740 United States (P) 240-313-2270 doliver@washco-md.net Ship To Washington County, MD O'Neal, Josh 100 W Washington St Room 3300 Hagerstown, MD 21740 United States (P) 240-313-2270 joneal@washco-md.net Customer PO:Terms: Undefined Ship Via: FedEx Ground Special Instructions:Carrier Account #: # Description Part #Tax Qty Unit Price Total 1 Pure Storage FlashArray X20R3-FC33TB-22/11-EMEZZ FA-X20R3-FC-33TB- 22/11-EMEZZ Yes 1 $72,294.19 $72,294.19 Note: Site A 2 Pure Storage FA-X20R3-33TB 1 Month Evergreen Gold Subscription, 4 Hour Delivery, 24/7 Support, DSE capable FA-X20R3-33TB 1MOPRMGOL Yes 12 $1,387.52 $16,650.24 Note: Site A 3 Pure Storage 32G FC SFP, SW for XR2 FA-XR2-32G-FC-SFP- SR Yes 4 $464.51 $1,858.04 Note: Site A 4 Pure Storage FlashArray (//X, //C) Install Service PS-FLASHARRAY- INSTAL Yes 1 $4,021.50 $4,021.50 Note: Site A 5 Pure Storage Shelf DFM Empty Shelf Add, SH0 to SH1, connect to X SS-DFM-SHELF-add SH0 to SH1 Yes 1 $0.01 $0.01 Note: Site A 6 Pure Storage SS-DFM-SHELF 1 Month Evergreen Gold Subscription, 4 Hour Delivery, 24/7 Support, DSE capable SS-DFM-SHELF 1MOPRMGOLD Yes 12 $258.06 $3,096.72 Note: Site A 7 Pure Storage FlashArray X20R3-FC33TB-22/11-EMEZZ FA-X20R3-FC-33TB- 22/11-EMEZZ Yes 1 $72,294.19 $72,294.19 Note: Site B Subtotal:$195,841.40 Tax (0.000%):$0.00 Shipping:$0.00 Misc:$0.00 Total:$195,841.40 8 Pure Storage FA-X20R3-33TB 1 Month Evergreen Gold Subscription, 4 Hour Delivery, 24/7 Support, DSE capable FA-X20R3-33TB 1MOPRMGOL Yes 12 $1,387.52 $16,650.24 Note: Site B 9 Pure Storage 32G FC SFP, SW for XR2 FA-XR2-32G-FC-SFP- SR Yes 4 $464.51 $1,858.04 Note: Site B 10 Pure Storage FlashArray (//X, //C) Install Service PS-FLASHARRAY- INSTAL Yes 1 $4,021.50 $4,021.50 Note: Site B 11 Pure Storage Shelf DFM Empty Shelf Add, SH0 to SH1, connect to X SS-DFM-SHELF-add SH0 to SH1 Yes 1 $0.01 $0.01 Note: Site B 12 Pure Storage SS-DFM-SHELF 1 Month Evergreen Gold Subscription, 4 Hour Delivery, 24/7 Support, DSE capable SS-DFM-SHELF 1MOPRMGOLD Yes 12 $258.06 $3,096.72 Note: Site B # Description Part #Tax Qty Unit Price Total Sales tax calculation is estimated and subject to change. Terms Definition: Unless agreed upon otherwise; Net 30 terms, cash in the GHA bank 30 days from the date of shipment. Lease payment calculations are estimated and may include sales tax in the payment amount. You can obtain an accurate lease quote from our leasing company. Rates are subject to change without notice. GHA is an authorized and leading supplier for Microsoft, HP, Apple, Dell, Lenovo, VMWare, IBM and Cisco. GHA does not source any of these products from the gray market. If you have a pending quotation from a competitor that is significantly less in price, that may be a strong indication of gray market involvement. Please immediately bring this to the attention of your sales professional who can verify with the manufacturer for your benefit and protection. Your sales representative can also talk to you about the risks associated with doing business with a gray market supplier. The prices quoted may change due to market conditions beyond our control. GHA cannot be responsible for manufacturer availability or delays. No verbal quotations or promises can be honored unless set forth herein. Due to the number of people working from home, GHA is not responsible for boxes that are lost or stolen, and if they are, you are still responsible to pay your invoice. Signature will be required on all shipments. Handling Fees: Handling fees charged on shipments are in addition to the freight and insurance charges and vary. Returns Policy: Cloud Service Provider CSP orders for Microsoft require at least 30 days of cancellation notice from Buyer. Buyer agrees to pay for any cloud subscription usage incurred. For all other CSP s, GHA will pass through and honor the cancellation policy as stated in the original contract whether 30, 60 or 90 days of cancellation notice is required. Custom computers and technology orders are non-cancellable and non-returnable. No return will be accepted after 30 days from the invoice date. Goods accepted for credit upon return will be subject to handling/restocking charge, which shall be not less than 15% of the price of Goods. Custom-made Goods are not subject to cancellation or return under any circumstances. In no case are Goods to be returned without first obtaining Seller's written permission. Goods must be securely packed in the original packaging and delivered to Seller in an undamaged condition with Buyer being solely responsible for paying all return freight expenses and keeping the GHA invoice current within 30 days from the date of shipment regardless of the reason for a return. All returns must be accompanied by an authorized RMA number, which is valid for 15 days after date of issuance. GHA Technologies makes NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE with respect to the goods described hereon. International shipments/returns: Customer is responsible to pay all VAT, duties, customs charges, freight forwarding services, storage, handling, foreign exchange rates/fees, miscellaneous fees from any country, expedited or return freight expenses. Customer shall be liable; GHA is NOT responsible. GHA is not responsible for any return shipment expenses. ~~Supplier represents and warrants that it is an equal-opportunity employer and does not discriminate on the basis of age, race, creed, color, religion, sex, sexual orientation, gender identity, national origin, disability, marital or veteran status, or any other basis that is prohibited by law. This document shall be governed by the laws of the State of Arizona. You may view all Terms & Conditions at: http://gha- associates.com/Terms_and_Conditions/index.html. - THIS QUOTE HAS BEEN PROVIDED FOR CLIENT AND GHA PURPOSES ONLY** CORPORATE OFFICE: (REMIT PAYMENTS TO THE DEPARTMENT NUMBER AND PO BOX LISTED ABOVE; NO PAYMENTS SHOULD BE MAILED TO THE CORPORATE OFFICE) GHA Technologies, Inc. 8998 E. Raintree Drive Scottsdale, AZ 85260 Open Session Item SUBJECT: Child Support Enforcement Agency Cooperative Agreement – Approval to Submit Application PRESENTATION DATE: August 11, 2020 PRESENTATION BY: Sergeant Valerie Buskirk, Washington County Sheriff’s Office and Allison Hartshorn, Grant Manager, Office of Grant Management, RECOMMENDED MOTION: Move to approve the submission of the application for the Child Support Enforcement Agency Cooperative Agreement to the Maryland Department of Human Resources requesting a total of $366,222 for FY21 and accept funding as awarded by the agency. REPORT-IN-BRIEF: The Washington County Sheriff’s Office is requesting approval to submit an application to renew the Cooperative Agreement between the Department of Human Resources’ Child Support Enforcement Administration and the Board of County Commissioners to reimburse costs of child support enforcement services provided by the Washington County Sheriff’s Office. The application is requesting a total amount of $366,222 which will reimburse the wage and benefit expenses of two full-time deputies, and provide partial reimbursement of two part-time deputies, two Senior Office Associates, and a portion of two vehicles and equipement during the one year period. Child support enforcement services provided by the Sheriff’s Office include service of summons and warrants, location and relocation services, and security for court proceedings. DISCUSSION: The Office of Grant Management has reviewed the application and program guidelines. The performance period of this cooperative agreement is for one year, starting October 1, 2020 and running through September 30, 2021. There is no match requirement associated with the agreement. FISCAL IMPACT: Provides $366,222 to reimburse the expenses incurred by the Washington County Sheriff’s Office associated with child support enforcement. CONCURRENCES: Susan Buchanan Director, Office of Grant Management ALTERNATIVES: Deny acceptance of funding ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: Acceptance of Dedicated Right of Way PRESENTATION DATE: August 11, 2020 PRESENTATION BY: Todd Moser, Real Property Administrator, Division of Engineering RECOMMENDED MOTION: Move to approve acceptance of dedicated right of way. REPORT-IN-BRIEF: Right of way between Beaver Creek Road and National Pike (US 40) consisting of 0.4331 +/- acres has been dedicated to the County for the possible future extension of White Hall Road. DISCUSSION: The acceptance is zero cost to the County and would be made prior to the construction of homes on the adjacent lots. FISCAL IMPACT: N/A CONCURRENCES: County Attorney’s Office ALTERNATIVES: N/A ATTACHMENTS: Aerial Map AUDIO/VISUAL NEEDS: Aerial Map Board of County Commissioners of Washington County, Maryland Agenda Report Form Proposed Acceptance of Dedication PembrokeDrive WhiteHallRoad NationalPike(40) NationalPike(40) BeaverCreekRoad BeaverCreekRoad $ 0 125 250 375 500Feet - Parcel Boundaries - Dedicated ROW Legend Open Session Item SUBJECT: Budget Adjustment – Emergency Traffic Signal Repairs PRESENTATION DATE: August 11, 2020 PRESENTATION BY: Scott Hobbs, Director, Division of Engineering RECOMMENDED MOTION: Move to approve a budget adjustment of $30,870 to account for insurance reimbursement for emergency traffic signal repairs at Mt. Aetna Road and Robinwood Drive. REPORT-IN-BRIEF: The traffic signal at the intersection of Mt. Aetna Road and Robinwood Drive was damaged by a commercial vehicle and this budget adjustment is to account for the insurance reimbursement. DISCUSSION: The insurance reimbursement is over $25,000 so this budget adjustment needs to be presented to the Board of County Commissioners. Funds from the Capital Improvement Plan (CIP), Intersection and Signal Improvements account EQP052, covered the costs for the emergency repairs performed by a traffic signal contractor. The County Highway Department provided additional support services for the completion of the work. FISCAL IMPACT: $30,870; EQP052 Intersection and Signal Improvements CONCURRENCES: Budget and Finance Department ALTERNATIVES: N/A ATTACHMENTS: Budget Adjustment, Photos AUDIO/VISUAL NEEDS: Photos Board of County Commissioners of Washington County, Maryland Agenda Report Form Department Head Authorization Budget & Finance Director Approval County Administrator Approval Required > $ 25,000 with date Washington County, Maryland Budget Adjustment Form Explain Budget Adjustment Budget Transfer - Moves revenues or expenditures from one account to another or between budgets or funds. Budget Amendment - Increases or decrease the total spending authority of an accounting fund or department County Commissioners Approval Transaction/Post -Finance Deputy Director - Finance Preparer, if applicable Expenditure / Account Number Fund Number Department Number Project Number Grant Number Activity Code Department and Account Description Increase (Decrease) + / - Required approval with date Required approval with date If applicable with date Required approval with date Division Director / Elected Official Authorization Required Action by County Commissioners No Approval Required Approval Required Approval Date if Known Print Form Rachel Brown Digitally signed by Rachel Brown Date: 2020.07.07 22:56:54 -04'00' Insurance reimbursement for claim #C00275758. Trucking company hit light pole at Mt. Aetna Rd and Robinwood Dr. racy McCammon Digitally signed by Tracy McCammon Date: 2020.06.30 15:18:06 -04'00' 599999 30 11620 EQP052 EQPT Engineering - Controllable Assets 30,870 498800 30 11620 EQP052 OTHR Engineering - Other CIP Revenue 30,870 Jul 22, 2020Scott Hobbs Digitally signed by Scott Hobbs Date: 2020.07.22 09:06:54 -04'00' Open Session Item SUBJECT: Intergovernmental Cooperative Purchase (INGT-20-0041) One (1) Fully Enclosed Toro 5800 Sprayer PRESENTATION DATE: August 11, 2020 PRESENTATION BY: Brandi Naugle, CPPB, Buyer, Purchasing Department and George Sweitzer, Assistance Superintendent, Black Rock Golf Course RECOMMENDED MOTION: Move to authorize by Resolution, for the Black Rock Golf Course (BRGC) to purchase one (1) Fully Enclosed Cab, Toro MultiPro 5800 Sprayer from Turf Equipment and Supply Company of Jessup, MD for $64,000 and to utilize another jurisdiction’s contract (#001B0600308) that was awarded by the State of Maryland. REPORT-IN-BRIEF: The Code of Public Laws of Washington County, Maryland (the Public Local Laws) §1-106.3 provides that the Board of County Commissioners may procure goods and services through a contract entered into by another governmental entity, in accordance with the terms of the contract, regardless of whether the County was a party to the original contract. The State of Maryland took the lead in soliciting the resulting agreement. If the Board of County Commissioners determines that participation by Washington County would result in cost benefits or administrative efficiencies, it could approve the purchase of this service in accordance with the Public Local Laws referenced above by resolving that participation would result in cost benefits or in administrative efficiencies. The County will benefit with direct cost savings in the purchase of this procurement because of the economies of scale this buying group leveraged. I am confident that any bid received as a result of an independent County solicitation would exceed the spend savings that the State of Maryland provides through this agreement. Additionally, the County will realize savings through administrative efficiencies as a result of not preparing, soliciting and evaluating a bid. This savings/cost avoidance would, I believe, be significant. DISCUSSION: N/A FISCAL IMPACT: Funds are budgeted in the Black Rock Golf Courses’ Capital Improvement Plan (CIP) account (EQP053) in the amount of $64,000. CONCURRENCES: Director of Public Works – Andrew Eshleman ATTACHMENTS: Turf Equipment and Supply Company’s quote. AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Jessup 8015 Dorsey Run Rd Jessup, MD 20794 410-799-5575 800-827-3711 West Chester 16 Hagerty Blvd West Chester, PA 19382 610-335-1623 888-384-8676 Fairfax 2825 B&C Dorr Ave Fairfax, VA 22031 703-573-2977 Frankford 33180 Dupont Blvd Frankford, DE 19945 302-732-9290 Frederick 1525 Tilco Dr, B-2 Frederick, MD 21704 301-695-1140 www.turf-equipment.com July 6, 2020 Mr. John Easterday Black Rock Golf Course 20025 Mt. Aetna Road Hagerstown, MD 21742 Thank you for your interest in Toro Equipment distributed by Turf Equipment and Supply Company. As requested, I am pleased to provide you with the following equipment pricing which is based on Toro’s Maryland State Mower Contract (21.8% off MSRP).  Pricing does not include any applicable sales taxes.  Pricing includes set-up and delivery.  All Toro equipment quoted has a 2 year/1,500 hour Manufacturer’s Warranty.  A 2% Credit Card Fee applies to all whole good purchases.  All pricing on this quote is good until August 15, 2020.  State of Maryland Contract #1B0600308 Please contact me with any questions about the quoted products or pricing. Mike Huey Commercial Territory Manager mikehuey@turf-equipment.com 443-896-7172 This proposal is prepared exclusively and confidential for Black Rock Golf Course Quantity New Equipment Description Price 1 Toro MultiPro 5800 – Model #41394  49HP Kubota Gas EFI Engine  300 Gallon Spray Tank  ExcelaRate Spray Control System  Chemical Pre-Mix Kit  30 Gallon Fresh Water Rinse Kit  Foam Marker Kit  2 Sets of Nozzles $68,672.96 –$53,702.25 $53,702.25 Jessup 8015 Dorsey Run Rd Jessup, MD 20794 410-799-5575 800-827-3711 West Chester 16 Hagerty Blvd West Chester, PA 19382 610-335-1623 888-384-8676 Fairfax 2825 B&C Dorr Ave Fairfax, VA 22031 703-573-2977 Frankford 33180 Dupont Blvd Frankford, DE 19945 302-732-9290 Frederick 1525 Tilco Dr, B-2 Frederick, MD 21704 301-695-1140 www.turf-equipment.com July 6, 2020 Mr. John Easterday Black Rock Golf Course 20025 Mt. Aetna Road Hagerstown, MD 21742 Thank you for your interest in Toro Equipment distributed by Turf Equipment and Supply Company. As requested, I am pleased to provide you with the following equipment pricing. Custom Products Cabs are not part of any Maryland State Contract Pricing.  Pricing does not include any applicable sales taxes.  Pricing includes installation, set-up and delivery.  A 2% Credit Card Fee applies to all whole good purchases.  All pricing on this quote is good until August 15, 2020. Please contact me with any questions about this quote Mike Huey Commercial Territory Manager mikehuey@turf-equipment.com 443-896-7172 This proposal is prepared exclusively and confidential for Black Rock Golf Course Quantity New Equipment Description Price 1 Custom Products Fully Enclosed Cab Model #A11836  Fits Toro MultiPro 5800 Sprayers  Windshield Wiper Kit  Rearview Mirror Kit  Air Conditioner Kit $10,297.75 Each Open Session Item SUBJECT: Intergovernmental Cooperative Purchase (INGT-20-0040) One (1) Heavy Duty Mack Truck Chassis Cab with Dump Body. PRESENTATION DATE: August 11, 2020 PRESENTATION BY: Brandi Naugle, CPPB, Buyer, Purchasing Department and John Swauger, Stormwater Management Coordinator, Department of Water Quality RECOMMENDED MOTION: Move to authorize by Resolution, for the Washington County Department of Water Quality to purchase one (1) 2021 Heavy Duty Mack Truck Chassis Cab with Dump Body from Potomac Truck Center, Inc. of Bladensburg, MD for $138,144 and to utilize another jurisdiction’s contract (#4400003267) that was awarded by the Howard County Office of Purchasing. REPORT-IN-BRIEF: The Code of Public Laws of Washington County, Maryland (the Public Local Laws) §1-106.3 provides that the Board of County Commissioners may procure goods and services through a contract entered into by another governmental entity, in accordance with the terms of the contract, regardless of whether the County was a party to the original contract. Howard County took the lead in soliciting the resulting agreement. If the Board of County Commissioners determines that participation by Washington County would result in cost benefits or administrative efficiencies, it could approve the purchase of this service in accordance with the Public Local Laws referenced above by resolving that participation would result in cost benefits or in administrative efficiencies. The County will benefit with direct cost savings in the purchase of this procurement because of the economies of scale this buying group leveraged. I am confident that any bid received as a result of an independent County solicitation would exceed the spend savings that the Howard County contract provides through this agreement. Additionally, the County will realize savings through administrative efficiencies as a result of not preparing, soliciting and evaluating a bid. This savings/cost avoidance would, I believe, be significant. DISCUSSION: N/A FISCAL IMPACT: Funds are budgeted in the Stormwater Retrofit Capital Improvement Plan (CIP) account (DNG039). CONCURRENCES: Director of Water Quality, Jeremy Mose ATTACHMENTS: Potomac Truck Center Inc. quote dated July 10, 2020 AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Place correct ribbon of information here: See right--> July 10, 2020 Prepared by: Parker Notes:Price is inclusive of Howard County Conract fee of $4200., Minus Trade Value(s) Minus Customer Deposit Total Due at Signing $138,144.00 $138,144.00 $0.00 $0.00 0 Slide out Ladders $200 Air Tailgate $300 Tool Box $700 Pintle Hook and Connections $1300 Electric Tarper $2100 0 0 0 0 Strobe Lights $1200 0 0 0 $0.00 $0.00 Quotation Reference: Extended Warranties Included: PRICING SUMMARY $134,900.00 Engine Plan 2 60/250 Base Selling Price Prepared for: Options Included in Price: J&J 10'6" body and accessories NEW TRUCK QUOTATION GR42 3000RDS2021Mack Total Sale Price EATS Allison Tag Fee Sub-Total Extended Warranties $0.00 $0.00 $0.00 0 Vehicles 1 $138,144.00 Quantity: F.R.E.T. $134,900.00 Total Price 1 Title Tax 0.00% 0 Washington County MD $3,244.00 Title Fee Lien Fee Open Session Item SUBJECT: Intergovernmental Cooperative Purchase (INTG-20-0043) via Utilizing the Maryland State Highway Administration (SHA) Contract Line Striping Contract. PRESENTATION DATE: August 11, 2020 PRESENTATION BY: Brandi Naugle, CPPB, Buyer, Purchasing Department; Zane Rowe, Deputy Director Public Works Highway and Doug Levine, Traffic Supervisor, Highway Department. RECOMMENDED MOTION: To authorize by Resolution, for the Highway Department to utilize the Maryland State Highway Administration (SHA) contract with Alpha Space Control Co., Inc. of Chambersburg, PA for line striping of 1,300,000 linear feet at $.0789 a linear foot on various roads within the County in the amount of $102,570. REPORT-IN-BRIEF: The Code of Public Laws of Washington County, Maryland (the Public Local Laws) 1-106.3 provides that the Board of County Commissioners may procure goods and services through a contract entered into by another governmental entity, in accordance with the terms of the contract, regardless of whether the County was a part to the original contract. The Maryland State Highway Administration (SHA) solicited the resulting agreement. If the Board of County Commissioners determines that participation by Washington County would result in cost benefits or administrative efficiencies, it could approve the purchase of this service in accordance with the Public Local Laws referenced above by resolving that participation would result in cost benefits or in administrative efficiencies. The County will benefit with the direct cost savings in the purchase of this service because of economies of scale this contract has leveraged. Additionally, the County will realize savings through administrative efficiencies as a result of not preparing, soliciting and evaluating a bid. Acquisition of this service by utilizing the Maryland State Highway Administration (SHA) contract and eliminating our County’s bid process would result in an administrative and cost savings for the Highway Department in preparing specifications and the Purchasing Department. DISCUSSION: N/A FISCAL IMPACT: Funds are budgeted in the department’s account 515000-20-20050 for these services. CONCURRENCES: N/A ATTACHMENTS: Maryland State Highway Administration’s Pricing Sheet Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: Brownfield Revitalization Incentive Program Ordinance for Washington County PRESENTATION DATE: August 11, 2020 PRESENTATION BY: Susan Small, Director of Business Development RECOMMENDED MOTION: Move to adopt the proposed Ordinance for the Brownfield Revitalization Incentive Program. REPORT-IN-BRIEF: The Proposed Brownfield Revitalization Incentive Program Ordinance has been advertised in the Herald Mail for two consecutive weeks, July 14th and July 21st, and open for public comment for one week following the previous presentation on July 28th. DISCUSSION: The proposed Brownfield Revitalization Incentive, will provide a unique opportunity for our community to meet economic development goals, environmental protection and sustainability goals, and help achieve our comprehensive plan visions and objectives. There are approximately 21 active brownfield sites (as of July 2, 2018) located within Washington County, MD listed on the State of Maryland’s Brownfield Master Inventory. The attached map is a snapshot of the brownfields located around the county. It’s simply a general outline of projects that may need remediation, we could potentially have additional brownfields added in the future. - Eligible sites earn a 50% property tax credit on the increase (the difference between the pre-remediation and post-remediation tax assessments) of county and/or municipal real property tax. - Brownfields located within an Enterprise Zone may receive the tax credit for up to 10 years, and properties outside these zones receive the credit for five years. FISCAL IMPACT: Varies based on property. In line with other economic development incentive programs. CONCURRENCES: County Attorney/Interim County Administrator, Kirk Downey ALTERNATIVES: Do not approve the proposed Ordinance ATTACHMENTS: Proposed Ordinance, map of properties AUDIO/VISUAL NEEDS: None Board of County Commissioners of Washington County, Maryland Agenda Report Form ORDINANCE NO. ORD-2020-___ AN ORDINANCE TO ENACT THE “BROWNFIELDS PROPERTY TAX CREDIT ORDINANCE FOR WASHINGTON COUNTY, MARYLAND” RECITALS Pursuant to Maryland Code, Tax-Property Article, § 9-229, the Board of County Commissioners of Washington County, Maryland (the County) has the authority to adopt a brownfields property tax credit ordinance that provides for the imposition of such a tax credit in Washington County and its municipalities. The County Commissioners now wish to create a property tax credit against the increased property tax liability of a qualified Brownfields site. A public hearing was held on _______________ , 20___, following due notice and advertisement of the text of the proposed Brownfields Property Tax Credit Ordinance (the Ordinance). Public comment was received, reviewed, and considered concerning the aforesaid proposed Ordinance. The County desires to ensure that the COVID-19 pandemic does not cause applicants for the Brownfields Property Tax Credit to fail to obtain timely credits that would have been obtained had the pandemic not occurred Section 5 of the Ordinance will forestall any negative implications of the COVID- 19 pandemic by facilitating favorable treatment of applications promptly filed following adoption of the Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington County, Maryland, that the Brownfields Property Tax Credit Ordinance for Washington County, Maryland, attached hereto, is enacted as written. Adopted this ___ day of _____________, 20__. Effective this ___ day of _____________, 20__. ATTEST: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND ________________________ BY: __________________________________ Krista L. Hart, Clerk Jeffrey A. Cline, President Approved as to form and legal sufficiency: _____________________________ Kirk C. Downey County Attorney Mail to: County Attorney’s Office 100 W. Washington Street, Suite 1101 Hagerstown, MD 21740-4735 BROWNFIELDS PROPERTY TAX CREDIT ORDINANCE FOR WASHINGTON COUNTY, MARYLAND Adopted ______________, 2020 Effective ______________, 2020 1. Establishment of tax credit. 1.01. In accordance with Maryland Code, Tax-Property Article, §9-229, as amended from time to time, there is a Brownfields Property Tax Credit imposed in Washington County. 2. Definitions. 2.01. The words and phrases used in this ordinance shall have their usual meaning, unless otherwise defined in this section. 2.02. Enterprise Zone means an area designated an enterprise zone under Section _____ of the Economic Development Article of the Annotated Code of Maryland. 2.03. Increased Property Tax Liability means the remaining property tax liability, after first applying all other property tax credits applicable to the site, attributable to the increase in the assessment of a qualified Brownfields site, including improvements added to the site within the tax credit period provided for in this section, over the assessment of the qualified Brownfields site before its voluntary cleanup or corrective action plan. 2.04. Qualified Brownfields Site has the meaning stated in Section 5-301 of the Economic Development Article of the Annotated Code of Maryland. 3. Calculation, Application, and Termination of Tax Credit. 3.01. Tax Credit Imposed. There is a Brownfields property tax credit of fifty percent (50%) against the increased property tax liability of a qualified Brownfields site. 3.02. Additional Property Tax Credit. A qualified Brownfields site shall receive an additional property tax credit of twenty percent (20%) against the increased property tax liability if: (a) The cost of the voluntary cleanup or corrective action plan is more than $1,000,000; or (b) The qualified Brownfields site is located in an enterprise zone. However, in the event that an enterprise zone tax credit is already being applied against the county portion of the taxes for a property, the Brownfields tax credit will not apply to the county portion of the property taxes, but shall be applied against the state portion of the property taxes. 3.03. Cost of Cleanup, Corrective Action. The cost of the voluntary cleanup or corrective action plan shall be determined by the demonstrated costs incurred for the voluntary cleanup or corrective action plan at the time of the application for the property tax credits. 3.04. Application and Duration of Credits. Unless otherwise provided in this ordinance, an application for a tax credit under this section shall be filed in the first taxable year in which the property qualifies. The credits shall apply in each of the taxable years immediately following the first revaluation of the qualified Brownfields site after completion of a voluntary cleanup or corrective action plan for: (a) five (5) taxable years; or (b) If the qualified Brownfields site is in an enterprise zone, ten (10) taxable years. 3.05. Maryland Economic Development Assistance Fund. For each year of the credit period, the County shall contribute to the Maryland Economic Development Assistance Fund established under Section 5-313(8) of the Economic Development Article of the Annotated Code of Maryland an amount equal to thirty percent (30%) of a qualified Brownfields site's increased property tax liability. 3.06. Termination. The Brownfields property tax credit granted to a qualified Brownfields site under this section terminates if: (a) The recipient of the Brownfields property tax credit withdraws from the voluntary cleanup program under § 7-512(a) or (b) of the Environment Article of the Annotated Code of Maryland; or (b) The State Department of the Environment withdraws approval of a response action plan or a certificate of completion under § 7- 512(e) and (f) of the Environment Article of the Annotated Code of Maryland. 4. Administration. 4.01. Administration. The Chief Finance Officer may adopt guidelines, regulations, or procedures to administer this section. 5. Timing of Applications. 5.01. Applications Filed Before December 31, 2021. Any application filed between the date of adoption of this ordinance and December 31, 2021 will be considered to have been filed as if it were timely filed in accordance with Section 3.4, even if it is filed after the deadline proscribed in that Section. Any such property for which an application is filed in accordance with this Section 5.01 shall be entitled to the full extent of the credits available under Section 3.4, as if the application had been filed in accordance with that Section. If, as of the date of filing of the application, the applicant has already paid the property tax bill for a tax year in which the tax credit would have been applied if the application had been timely filed, the unapplied tax credit amount shall be applied against the property tax bill for the tax year that follows the final year that a credit is to be applied in accordance with Section 3.4. 5.02. Applications Filed After December 31, 2021. For applications filed after December 31, 2021, failure to apply in the first qualifying tax year will result in the loss of the credit for that tax year. ") ") ") ") ") ")")") ") ") ") ") ")") ") ") ")") ") ") ") Hancock Clear Spring Williamsport Smithsburg Sharpsburg Keedysville Boonsboro Funkstown Hagerstown Fort Ritchie- U.S. Army GreenbriarState Park GenuineParts Co -Raylock DIV Hagerstown -BroadfordingRoad FairchildRepublic GreenbrierState ParkParcel 60 RohrIndustries,Inc. Document Path: T:\Bonn\EDC\LRP_Brownfields.mxd L R P - B r o w n fieldsLRP - B r o w n fields 0 1 2 3 4 5 6 7 8 9 10 Miles¹ Data Sources:Maryland Department of theEnvironmentPrepared By:Washington County GIS OfficeGeographic Information Systems ") ") ") ") ") ") ") ") ") ") ") ") ") ") Peter Pan Cleaners CSXRoundhouseProperty Former MunicipalElectricLight Plant UM - Hagerstown CenterBaldwin House Hagers Shoe(Cannon ShoeFactory) Hagerstown Light andHeat - Locust Street Central Chemical -Hagerstown (Site) HagerstownLight and Heat -Washington Street HagerstownAmerican Lightand Heat Co. Anderson C o. Dry Cleaners Pottorf's/KeefauverCleaners HagerstownPlant Site GTS-WelcoProperty Central Chemical W arehouse Downtown HagerstownDowntown Hagerstown Date Saved: 7/1/2020 Enterprise Zones Municipal Boundaries