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HomeMy WebLinkAbout050712 July 12, 2005 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:30 a.m. by President Gregory I. Snook with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, and Doris J. Nipps, and John C. Munson. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – JUNE 20 & 21, 2005 Motion made by Commissioner Munson, seconded by Nipps, to approve the minutes of June 20 and 21, 2005, as amended. Unanimously approved. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employee Corey Mowen (Water Quality Department). The Commissioners welcomed Mr. Mowen and wished him well in his new position. ADOPTION OF COMPREHENSIVE RURAL AREA ZONING Michael Thompson, Director of Planning & Community Development, and Stephen Goodrich, Chief Planner, met with the Commissioners to review the revisions and tentative decisions with regard to the rural area zoning made by the Commissioners in previous meetings. Mr. Thompson reviewed the following districts: Agricultural, Environmental Conservation, Preservation, Rural Village, Rural Business (Existing and New), Special Economic Development, Historic Preservation, and Definitions. The Commissioners were then given time to comment. Commissioner Wivell stated that he does not believe the rural area zoning should be adopted until the Agricultural Land Preservation Advisory Board has had the opportunity to develop agricultural preservation and equity programs including the use of transferable development rights (TDR) and/or bonus density programs. Commissioner Kercheval suggested that the motion include changes to the sections on side yard and minimum setbacks on properties with permanent easements or in areas designated as priority agricultural preservation areas or TDR sending areas. He also proposed that a TDR or bonus density program should be developed and presented to the Commissioners by August 1, 2006. Commissioner Kercheval asked that staff provide a monthly update on the number of subdivisions in each zoning category and, if at any time the number of new subdivisions in rural areas indicates that more than 200 lots of record would be created in those areas by August 1, 2006, that a policy be developed to limit the number of new parcels until a TDR or similar purchase program is adopted. He also proposed that current parcels in rural areas be limited to no more than 25 new subdivisions per year until an easement purchase program is adopted. Commissioner Kercheval stated that staff should provide a six-month review. Commissioner Munson indicated that he feels the proposal is unfair to landowners and proposed that the Agricultural areas allow up to 40 one-acre lots if the landowner agrees to clustering. Motion made by Commissioner Munson not to enact the rural area zoning plan but to take this item to referendum during the 2006 election. Richard Douglas, County Attorney, stated that it was not referable to referendum at this point without additional legislation. The motion died for lack of a second. Commissioner Nipps stated that both citizens and staff have put a lot of work into the plan and changes were made because of public input. She said that there is still work to be done but that the Commissioners need to move forward with this first step. Commissioner Nipps noted that she has done research on the issue and how other communities have dealt with it and feels that the Commissioners have a responsibility to the citizens to deal with growth issues. Commissioner Snook stated that he supports the easement programs and feels the rural area business designations will benefit the landowners. He indicated that he does not feel that overall land values have changed. Motion made by Commissioner Wivell, seconded by Munson, to delay adoption of the rural area rezoning plan for 60 to 90 days until the Agricultural JULY 12, 2005 PAGE TWO Land Preservation Board develops and presents an agricultural land preservation program and equity program. Motion died with Commissioners Wivell and Munson voting AYE, and Commissioners Kercheval, Nipps, and Snook voting “NO.” Motion made by Commissioner Kercheval, seconded by Nipps, to adopt the rural area zoning plan and densities with the following conditions: 1) Change sections 5A.5, 5B.5, and 5C.5 to add minimum side yard setbacks of 50 feet on lots that are contiguous to parcels with permanent easements or in areas designated as priority agricultural preservation areas or TDR sending areas and to allow the Planning Commission to increase minimum setbacks up to 50 feet for properties adjacent to parcels that are being actively farmed or parcels with an Agricultural District overlay; 2) Densities will be those recommended in the adopted Comprehensive Plan; 3) A TDR program, bonus density or similar agricultural preservation program will be developed and presented to the Commissioners by August 1, 2006 to allow additional development potential in designated areas deemed appropriate for development and provide compensation for land use designated for agricultural easements; 4) Staff will give a monthly update to the Board of County Commissioners as to the number of subdivisions in each zoning category. If at any time the number of new subdivisions in the rural areas indicates that more than 250 new parcels will be created by August 1, 2006, a policy will be developed to limit the number of new parcels until a TDR program or similar easement purchase program is adopted; 5) Unless approved by the County Commissioners, current parcels in the rural areas will be limited to not more than 25 new subdivisions per year until a TDR program or similar easement purchase program is adopted; and 6) Staff will monitor the impact of the new rural rezoning changes for other trends or problems that may arise and give the County Commissioners a six-month review with particular attention being given to increases or decreases in variance requests made to the Board of Zoning Appeals in regards to the newly adopted Tables of Land Use Regulations (Rural Areas) or new setback conditions, the impact of newly adopted programs to address Rural Business – New, areas in the County showing unusual increases in development activity, and any significant subdivision requests in areas favorable for future agricultural easements or adjacent to permanently preserved parcels, to become effective today in accordance with the previously adopted transition policy. Motion carried with Commissioners Kercheval, Nipps and Snook voting “AYE” and Commissioners Munson and Wivell voting “NO.” ADOPTION OF PROPOSED ADEQUATE PUBLIC FACILITIES ORDINANCE Mike Thompson, Director of Planning, outlined the revisions made to the Adequate Public Facilities Ordinance (APFO) since the public hearing held on June 14. The revisions include clarification of the definition of “minor subdivision,” cross- references to Sections 2.4 and 9.1 were added to Section 5.2, and review of the transition policy. The meeting was then opened for comments and questions from the Commissioners. Commissioner Wivell asked that some minor changes be made to the text of the Ordinance. Commissioner Kercheval distributed written comments and outlined his reasons for the need for three specific designations for classification of capacity for schools – adequate, inadequate, and failing. He stated that before additional development is allowed to occur in a district with an “inadequate” status, there should be a plan for improvements to be made to return that area to “adequate” status. He stated that he does not feel the plan is ready for adoption. The Commissioners discussed including mandatory phasing of developments in the Ordinance and a mitigation plan. Richard Douglas, County Attorney, stated that the phasing agreement may be able to be done under the mitigation agreement. The Commissioners asked staff to review the requested changes and amend the APFO to incorporate them if necessary. Motion made by Commissioner Munson, seconded by Kercheval, to delay a decision on the revisions to the APFO for two weeks or whatever additional time is needed to allow staff time to review the proposed phasing and designations as outlined in the proposals made by Commissioner Kercheval. Motion carried with Commissioners Munson, JULY 12, 2005 PAGE THREE Kercheval, Nipps, and Snook voting “AYE” and Commissioner Wivell voting “NO.” ADOPTION OF BUILDING EXCISE TAX ORDINANCE Mr. Douglas reviewed the minor revisions made to the Building Excise Tax Ordinance following the public hearing held on June 21, 2005. The Commissioners discussed revising the matrix for nonresidential construction and lowered the rates for retail and hotels/motels. Also discussed was including a workforce housing credit that would be applied until the Workforce Housing Task Force presents its final recommendations in the fall. Richard Douglas, County Attorney, stated that they could enact an emergency workforce housing credit based on certain criteria. It was the consensus of the Commissioners to charge a tax of $1.00 per square foot for semi-detached, single family and townhouses of less than 1,500 square feet until the Task Force makes a comprehensive recommendation. They also agreed that apartments would be excluded from this special treatment. Motion made by Commissioner Munson to revisit the transition policy. Motion died for lack of a second. Motion made by Commissioner Kercheval, seconded by Nipps, to adopt the Building Excise Tax Ordinance as revised to become effective today. Revisions include the following: 1) the Nonresidential Matrix for “Retail” would be adjusted as follows: Less than 25,000 square feet (sf) - $3.00/sf, 25,001 – 50,000 sf - $4.00/sf, 50,001 – 100,000 sf - $4.00/sf, 100,001 – 250,000 sf - $4.00/sf, 250,001 – 500,000 sf - $4.00/sf, and over 500,000 sf - $3.50/sf and for “Hotel/Motels” - Less than 25,000 square feet (sf) - $3.00/sf, 25,001 – 50,000 sf - $3.00/sf, 50,001 – 100,000 sf - $2.50/sf, 100,001 – 250,000 sf - $2.50/sf, 250,001 – 500,000 sf - $1.00/sf, and over 500,000 sf - $1.00/sf; 2) language to be revised changing term “campground” to “cabin”; 3) Add the Board of Education to Section 3B.(c) to determine the adequacy of developer contributions; and 4) Inclusion of a temporary excise tax rate for semi-detached, townhouses or duplex of less than 1,500 square feet to be assessed at the rate of $1.00 per square foot, except for apartments. All developers who feel they have qualifying housing projects may appeal to the Planning Director for a similar credit. The decision may be then be appealed to the Board of County Commissioners. With the adoption of the building excise tax, assessment of school and regional highway fees under the Adequate Public Facilities Ordinance is hereby suspended, effective today. Unanimously approved. (A copy of the adopted Ordinance is attached.) CITIZENS’ PARTICIPATION Sharon Bowers asked the Commissioners to consider granting permission to Fortney Homes for additional lots in their development to allow her to place a manufactured home there due to financial hardship. Commissioner Snook indicated that they need additional time to review Mr. Pennington’s proposal. Denise Pennington stated that Fortney Homes wishes to expand their manufacturing housing community because of the lack of affordable housing in the area. Greg Delauter, Roy Sanders, and Gary Muller presented the Commissioners with a petition in support of the redevelopment plan submitted for Fort Ritchie. Gerry Ditto thanked the Commissioners for considering the proposal that the Agricultural Land Preservation Advisory Board is developing. Fay Cohen requested assistance in eliminating the odors coming from a pumping station on Linden Avenue in Cascade. She also outlined several other concerns she had regarding Fort Ritchie and the Cascade area. Robin Biser stated that she believes Corporate Office Property Trust’s plan for the redevelopment of Fort Ritchie violates the 1997 plan. JULY 12, 2005 PAGE FOUR Tom Berry commented on the rural area rezoning. John Himes expressed concern regarding several issues including the adopted excise tax and rural area rezoning. Mae Fruehauf promoted her proposal to provide restrooms for County Commuter drivers at the main transfer point. ASPIRE TO SERVE, INC. – SPACE NEEDS STUDY Susan MacDonald, Executive Director of the Washington County Commission on Aging, and Deborah Everhart, representing the City of Hagerstown, appeared before the Commissioners to request an additional allocation of $47,500 to allow the Commission on Aging to relocate their administrative offices to the new Aspire to Serve facility. Ms. MacDonald stated that their current offices at 9 Public Square present serious barriers for elderly clients and offer no on-site parking. Ms. MacDonald indicated that the Commission serves over 5,000 senior citizens each year and anticipates that this number will increase over the years. Relocation of the office would enable them to provide completely handicapped-accessible programs and services, on-site parking, sufficient meeting and training space, and increased coordination of services. Ms. MacDonald stated that the requested funding represents the difference between the current annual rental costs and the cost for the Aspire to Service space. She provided a draft floor plan for their inspection. The Commissioners discussed the request. Commissioner Snook stated that he had contacted Tri-County Council to request grant funding for fit-out of the space. He indicated that this would lower the rental to $8.50 per square foot. The Commissioners asked for additional information on the potential lease and the cost to transport clients from the Alexander House to the Walnut Towers nutrition site. Commissioner Nipps also asked that the Commission request funding from the City of Hagerstown. They agreed to take the request under consideration until they tour the facility next week. ECONOMIC DEVELOPMENT COMMISSION STRATEGIC PRIORITIES Tim Troxell, Executive Director of the Economic Development Commission (EDC), and John Barr, Chair of the EDC, met with the Commissioners to discuss the strategic priorities set at their planning retreat held on May 2, 2005. The priorities on which the EDC will focus are as follows: assist with the retention and growth of existing businesses; attract new businesses to Washington County, emphasizing target industries; facilitate workforce development for existing and target businesses; identify and prioritize economic development infrastructure needs and opportunities; and support continued cooperation within the public and private sectors toward achieving economic development objectives. Mr. Barr also provided information on the action plans for each of the items. He also reviewed a list of sub-committees working on the issues. The Commissioners commented on the priorities and thanked the staff and board members for their good work. COMMUNITY PARTNERSHIP FOR CHILDREN AND FAMILIES – RECOMMENDATIONS FOR BOARD APPOINTMENTS Motion made by Commissioner Kercheval, seconded by Nipps, to appoint Patsy Campbell and Nicole Perini to the Washington County Community Partnership for Children and Youth Families Board for three-year terms and to appoint Norma Sappington as an ex officio voting agency/public agency representative to the Board. Unanimously approved. RECESS – LUNCH The Commissioners recessed at 12:07 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:10 p.m. by Commissioner Snook with the following members present: Vice President William J. Wivell, and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. JULY 12, 2005 PAGE FIVE PUBLIC HEARING – REPEAL AND ENACTMENT OF VARIOUS BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL CODES Daniel Divito, Director of the Permits and Inspections Department, Kelly Vance, Chief Plans Reviewer, and Rob Smith, Chief Inspector, met with the Commissioners to ask that they consider the repeal and enactment of the following codes and fee schedule: 1) Repeal 1997 International Plumbing Code, with local amendments and enact the 2003 International Plumbing Code, with local amendments; 2) Repeal 1996 BOCA National Building Code, with local amendments and enact the 2003 International Building Code, with local amendments; 3) Repeal 1996 International Mechanical Code, First Printing, with local amendments and enact the 2003 International Mechanical Code, First Printing, with local amendments; 4) Repeal 1995 First Printing of the CABO One- and Two-Family Dwelling Code, with local amendments, and enact the 2003 International Residential Code for One- and Two-Family Dwellings, Fourth Printing, with local amendments; 5) Repeal 2002 National Electrical Code, with local amendments, and enact the 2005 National Electrical Code, with local amendments; and 6) Repeal the current electrical fee schedule and enact a new fee schedule incorporating all fees governing work performed under the above-referenced 2003 International Code and the 2005 National Electrical Code. Commissioner Wivell asked for additional information on local amendments and the changes from the previous codes. After discussion, the meeting was opened for public comment. Debi Turpin, Executive Director of the Homebuilders Association, asked for a 180-day transition period for compliance with the IRC Code to educate affected workers on the new provisions. She thanked the Commissioners for including them in the panel and for the professional manner in which the Permits & Inspections Department handled an unprecedented number of permits during the last several weeks. Tim Fields outlined his concerns about the IRC Code. The Commissioners agreed to leave the record open for additional written comments for one week. BUDGET TRANSFER REQUEST – HIGHWAY DEPARTMENT Motion made by Commissioner Nipps, seconded by Munson, to approve the request to transfer $59,000 from Highway User Revenue to Building and Improvements to replace the heating systems at the Central and Western Sections of the Highway Department. Unanimously approved. REAPPOINTMENT – BOARD OF EXAMINERS AND SUPERVISORS FOR ELECTRICIANS Motion made by Commissioner Nipps, seconded by Kercheval, to reappoint Mitchell Gladhill to the Board of Examiners and Supervisors for Electricians for a three-year term. Unanimously approved. REAPPOINTMENTS – MENTAL HEALTH ADVISORY COMMITTEE Motion made by Commissioner Kercheval, seconded by Nipps, to reappoint Eugene Smith, Carrol Lourie, and Stan Brown to the Mental Health Advisory Committee for three-year terms. Unanimously approved. APPOINTMENT – COMMISSION FOR WOMEN Motion made by Commissioner Nipps, seconded by Munson, to appoint Joan Erdesky to the Commission for Women for a three- year term. Unanimously approved. COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Kercheval reported on a meeting he had with Department of Natural Resources officials regarding the Albert Powell Fish Hatchery. He stated that a study is being done on the wells and recharge areas and the effects of development on the trout. Commissioner Kercheval also reported on the Planning Commission meeting. Commissioner Wivell informed the Commissioners that he attended the meetings of the City of Hagerstown Neighborhood Watch, Board of Social Services, and PenMar Development Corporation. He stated that he attended an Eagle Scout ceremony for Josiah Storer. Commissioner Wivell said that he would be touring Charles County’s Central Dispatch on Thursday. Commissioner Munson reported on the Solid Waste Advisory Committee meeting. He stated that the Committee considered the Disabilities JULY 12, 2005 PAGE SIX Advisory Committee’s proposal that disabled individuals pay the same reduced rate as senior citizens for residential landfill permits; however, they are not recommending approval of the proposal. The Commissioners agreed not to make any changes in rates until they review the rate model. Commissioner Nipps stated that she attended the Maryland Regional Aviation Conference and the PenMar Development Corporation meeting. She also reported on the Historic District Commission meeting. Commissioner Snook informed the Commissioners that he attended the Chamber of Commerce’s Annual Meeting. He stated that most Maryland Realtor Magazine recent edition of states that Washington County’s average home price is $243,000 for March/April, compared to the State average of $320,000. Commissioner Snook informed the Commissioners that he received a letter from the Board of Public Works of a grant for the Halfway Infiltration and Inflow Project and grant increase for water supply assistance program for PenMar. He reported on issues discussed at the MACo Officer’s meeting. APPROVAL TO FILL EXISTING VACANCIES – VARIOUS DEPARTMENTS Motion made by Commissioner Munson, seconded by Nipps, to fill the following vacancies: Maintenance Equipment Operator II – Highway Department; Bus Operator and Part-time Van/Shuttle Driver – Co. Commuter; Inspector – Permits & Inspections Department; and 911 Communications Specialist. Unanimously approved. BID AWARD – GROUNDS MAINTENANCE CHEMICALS FOR VARIOUS COUNTY/CITY DEPARTMENTS Motion made by Commissioner Nipps, seconded by Wivell, to award the bid for grounds maintenance chemicals for various County/City Departmentsto the following companies which submitted the low responsible, responsive bids meeting specifications for each chemical as follows: Item #1 – Verdicon - $399/gal.; Item #2 – Agrilance/ProSource One - $17.50/lb.; Item #3 – Verdicon - $38.50/gal.; Item #4 – Verdicon - $29.20/gal.; Item #5 – Helena Chemical - $26.50/gal.; Item #6 – Agrilance/ProSource One - $273.35/gal.; Item #7 – Agrilance/ProSource One - $317.15/gal.; Item #8 – Lesko - $2,483/drum; Item #9 – Agrilance/ProSource One - $109.30/gallon; Item #10 – Agrilance/ProSource One - $18.05/lb.; Item #11 – item No Longer Produced – No Award; Item #12 – Agrilance/ProSource One - $293.20/lb.; Item #13 – Verdicon - $14.00/gal.; Item #14 – Helena Chemical - $9.26/lb.; Item #15 – Helena Chemical - $179.35/gal.; Item #16 – Agrilance/ProSource One - $8.70/lb.; Item #17 – Verdicon - $4.44/lb.; Item #18 – Lesko - $2,424.00/drum; Item #19 – Agrilance/ProSource One - $425.00/case; Item #20 – No Bids; Item #21 – Helena Chemical - – $26.95/gal.; Item #22 – Helena Chemical - $7.27/lb.; Item #23 - Verdicon$364/gal.; Item #24 – Agrilance/ProSource One - $95.50/gal.; Item #25 – Agrilance/ProSource One - $37.00/gal.; Item 26 – Helena Chemical - $37.50/gal.; Item #27 – Agrilance/ProSource One - $99.40/qt.; Item 28 – Agrilance/ProSource One - $507.60/gal.; Item #29 – Verdicon - $9.50/lb.; Item #30 – Agrilance/ProSource One - $332.95/gal.; Item #31 - Verdicon - $46.75/gal.; Item #32 – Verdicon - $18.75/gal.; Item #33 – Helena Chemical - $12.40/gal; Item #34 – Agrilance/ProSource One - $10.90/gal.; and Item #35 – Agrilance/ProSource One - $94.60/gal; Item #36 – Verdicon - $41.25/gal.; and Item #37 – Verdicon - $67.12/gal. Unanimously approved. (*Items #8, 14, 15, 18, 23, and 36 were tie bids, and the Commissioners drew lots, pursuant to Washington County Purchasing Policy P-2, to determine the successful bidders.) COMPREHENSIVE PLAN AMENDMENT CP-05-001 Tim Lung, Senior Planner, reviewed Comprehensive Plan Amendment CP-05-001, which was heard at a public hearing held on March 14, 2005. The applicant has requested that an amendment be made to the 2002 Comprehensive Plan to change the adopted Land Use Plan involving the town growth area boundary associated with the Town of Boonsboro. Testing by the Washington County Health Department and Maryland Department of the Environment found serious water quality problems with wells in an area consisting of approximately 90 acres of land located west of the Town in the vicinity of U.S. Route 40A and Mill Point Road that pose serious JULY 12, 2005 PAGE SEVEN health threats to the persons who drink water both in homes and businesses in this area. They have recommended that a water line be extended from the Town to the affected area. Motion by Commissioner Nipps, seconded by Kercheval, to approve Comprehensive Plan Amendment CP-05-001 as submitted by the Washington County Planning Department and presented at a joint public hearing held March 14, 2005. Motion carried with Commissioners Nipps, Kercheval, Munson and Snook voting “AYE” and Commissioner Wivell “ABSTAINING.” WATER & SEWERAGE PLAN AMENDMENT - WS-04-002 Tim Lung, Senior Planner, reviewed Water & Sewerage Plan Amendment WS-04-002 submitted by the Washington County Health Department and heard at public hearing on March 14, 2005. The purpose of the amendment would change the water and sewerage service priority classification for the affected property from “No Planned Service” (W-7, S-7) to “Planned Service” (W-5, S-5) relating to Boonsboro/ Keedysville and would amend Map No. 68 for both Water and Sewerage Service Areas. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the Water & Sewerage Plan Amendment (WS-04-002) as submitted by the Washington County Health Department. Motion carried with Commissioners Nipps, Kercheval, Munson and Snook voting “AYE” and Commissioner Wivell “ABSTAINING.” TRANSFER OF FORCE MAIN TO CITY OF HAGERSTOWN Greg Murray, Director of the Water Quality Department, appeared before the Commissioners to discuss his recommendation to transfer a portion of the force main extending from Maugansville to the City of Hagerstown sewer system, and adjacent to annexed property in the City, to the City of Hagerstown for their use in serving said property. Mr. Murray explained that the County owns a force main that extends approximately 13,500 feet from the Maugansville Pumping Station to the gravity sewer system owned by the City. He stated that the County has no use for the line other than for transmission purposes and it could serve these areas in the City. Mr. Murray indicated that the portion of the force main in question would allow service to Collegiate Acres without construction of a duplicate line. He reviewed a proposed agreement with the City. The Commissioners discussed the proposal and reviewed other possible options. It was the consensus to direct Mr. Murray to negotiate with the developer for purchase of the line given the benefit of using the line in place of the current trench. CITY OF HAGERSTOWN ANNEXATION REQUEST – (GREEN A05-04) Michael Thompson, Director of Planning, met with the Commissioners to review a request from the City of Hagerstown for annexation. Stewart Bass, from the City of Hagerstown, was also present to answer questions. Mr. Thompson stated that Case No. A05-04 is on for a 0.371-acre property that is located on Mt. Aetna Road between Eastern Boulevard and the Dual Highway. He explained that the property is currently developed with a residence and the applicant is requesting C2 commercial zoning upon annexation. The property is currently zoned Business General (BG) and is designated for commercial development on the 2002 adopted Comprehensive Plan. Mr. Thompson indicated that the Maryland Code states that a municipality may not place a property into a zoning classification that permits a land use substantially different from the use permitted under the adopted County Comprehensive Plan unless the Board grants its “express approval.” If the approval is not granted, development of the land inconsistent with the Comprehensive Plan would not be permitted for a period of five years following the annexation. Motion made by Commissioner Wivell, seconded by Munson, to approve the requested zoning of C2 Commercial as proposed for City of Hagerstown Annexation Case No. A05-04. Unanimously approved. LEADERSHIP DEVELOPMENT FUNDING The Commissioners discussed the request made by Leadership Hagerstown for $40,000 in initial funding for the Leadership Development Program, which JULY 12, 2005 PAGE EIGHT would combine Leadership Hagerstown, Junior Leadership Hagerstown, and the Leadership Hagerstown Alumni Association into a new program. The Commissioners discussed several options and agreed to provide half the amount requested but would not commit to annual funding. Motion made by Commissioner Nipps, seconded by Kercheval, to provide $20,000 for the Leadership Development for FY 2006. Motion carried with Commissioners Nipps, Kercheval and Snook voting “AYE” and Commissioners Munson and Wivell voting “NO.” SOLE SOURCE PROCUREMENT AWARD – MEDICAL SYSTEMS SELF-CONTAINED DEPLOYABLE SHELTER, POWER GENERATION, ENVIRONMENTAL CONTROLS AND ANCILLARY EQUIPMENT Motion made by Commissioner Kercheval, seconded by Nipps, to award the contract for medical systems self-contained deployable shelter, power generation, environmental controls and ancillary equipment to CDI Medical Systems, Inc. for Option 2 (Demo Set) in the amount of $139,812.10. The award is a sole source Code of the procurement based on Sections 1-106.2(a)(2) of the Public Local Laws of Washington County . Motion carried with Commissioners Kercheval, Nipps, Munson, and Snook voting “AYE” and Commissioner Wivell voting “NO.” CONVENE IN CLOSED SESSION Motion made by Commissioner Wivell, seconded by Kercheval, to convene in closed session at 3:28 p.m. to discuss a personnel matter that affects one or more specific individuals, consult with counsel to obtain legal advice, discuss public security because the public body has determined that public discussion would constitute a risk to the public or to the public security including the deployment of fire services and staff and the development and implementation of emergency plans; discuss an investigative proceeding on actual or possible criminal conduct; and consider a matter that concerns a proposal for a business or industrial organization to locate, expand, or remain in the State, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Nipps, seconded by Kercheval, to reconvene in open session at 5:14 p.m. Unanimously approved. In closed session, the Commissioners discussed two (2) personnel matters, consulted with counsel to obtain legal advice on one (1) matter, considered matters that concern a proposal for a business or industrial organization to locate, expand, or remain in the State, discussed public security because the public body has determined that public discussion would constitute a risk to the public or to the public security including the deployment of fire services and staff and the development and implementation of emergency plans, and discussed an investigative proceeding on actual or possible criminal conduct. Present during closed session were Commissioners William J. Wivell, James F. Kercheval, Doris J. Nipps, and John C. Munson. Also present at various times were Rodney M. Shoop, County Administrator; John Martirano, County Attorney; Joni Bittner, County Clerk; Michael Thompson, Director of Planning and Community Development; Joe Kroboth, Director of Emergency Services; Tim Troxell, Executive Director of the Economic Development Commission (EDC); Sonja Hoover, EDC Fiscal/Research Specialist; Robert Garver, Regional Office of the Department of Business & Economic Development; Dave Hankinson, Director of Human Resources; and Tom Altman, President of the Washington County Volunteer Fire & Rescue Association. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Munson, to adjourn at 5:14 p.m. Unanimously approved. , County Administrator , County Attorney JULY 12, 2005 PAGE NINE ___________________________, County Clerk