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HomeMy WebLinkAbout040831 August 31, 2004 Hagerstown, Maryland CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 8:01 a.m. to consider matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State; consult with staff about potential litigation; discussed a matter directly related to a negotiation strategy or the contents of a bid or proposal; discuss the appointment of persons for positions over which the Commissioners have jurisdiction and any other personnel matters that affect one or more specific individuals; and consult with counsel to obtain legal advice. Unanimously approved. In closed session, the Commissioners consider one matter that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State; consulted with counsel to obtain legal advice on one (1) matter; consulted with staff about potential litigation; discussed a matter directly related to a negotiation strategy or the contents of a bid or proposal; and discussed one (1) personnel matter affecting one or more specific individuals. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, John C. Munson and Doris J. Nipps. Also present at various times were Rodney Shoop, County Administrator; Richard Douglas, County Attorney; Julie Nichols, Executive Assistant; Gary W. Rohrer, P.E., Director of Public Works; and Terrence P. McGee, P.E., Chief Engineer. The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 9:45 a.m. by President Gregory I. Snook with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson and Doris J. Nipps. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES – August 24, 2004 Motion made by Commissioner Kercheval, seconded by Munson, to approve the minutes of August 24, 2004, as amended. Unanimously approved. CONSTRUCTION BID AWARD FOR REHABILITATION OF BROADFORDING ROAD BRIDGE OVER THE CONOCOCHEAGUE CREEK, CONTRACT NO. BR-BR-145-14 Motion made by Commissioner Munson, seconded by Wivell, to conditionally award a contract to address the rehabilitation of the Broadfording Road Bridge over the Conococheague Creek to Building Systems, Inc., as bid, including two (2) deductions offered, for the amount of $1,403,035 conditioned upon receipt of State Highway Administration approval since this a federal aid project; and to also approve the proposed budget transfer of $168,000 from the Miscellaneous Bridge Account. Motion carried with Commissioners Snook, Wivell, Munson and Nipps voting “AYE” and Commissioner Kercheval “ABSTAINING.” COMMISSIONERS’ REPORTS AND COMMENTS Commissioner Nipps commented that she attended Augustoberfest in downtown Hagerstown. She stated that committee involvement would begin again in September following the summer break. Commissioner Munson stated that he attended the Solid Waste Advisory Committee meeting. He reported that their revised bylaws are to be approved at the next meeting and the group has decided against sponsoring a tire amnesty day this year. He indicated that the Washington County Hospital would recycle 130 tons of cardboard this year. Commissioner Munson also reported that the group is discussing the possibility of reopening the rubble landfill to conserve space. Commissioner Munson asked the Commissioners to write a letter to the owners of the Pocono raceway and request that they consider Washington County for the location of a new racetrack. Commissioner Wivell reported that he attended the Technical th Innovation Center’s 10 anniversary reception and the Solid Waste Advisory Committee meeting, where several issues of concern were discussed. He also attended AUGUST 31, 2004 PAGE TWO the retirement reception for Robert Kefauver. Commissioner Wivell also attended a luncheon hosted by the Chamber of Commerce, Augustoberfest, and the Peace & Unity prayer event at the Antietam Battlefield. Commissioner Kercheval commended Sheriff Mades, his staff and other agencies for all their hard work this past weekend during the Ku Klux Klan march in Sharpsburg. No incidents occurred and everyone did a tremendous job. Commissioner Kercheval also attended Augustoberfest and extended his thanks to Commissioners Wivell and Nipps for their assistance. He reported that the Mental Health Advisory Board would be approaching the Commissioners with a request to be included on the list of nonprofit organizations to which the Board may contribute funds pursuant to Section 1-108 of the Code of the Public Local Laws. Commissioner Snook reported that he and Greg Murray, Director of the Water Quality Department, attended a meeting last week with the Town of Funkstown to discuss water issues. He informed the Commissioners that the County received an award from the Technical Innovation Center for its support. Commissioner Snook also stated that he attended the Chamber of Commerce luncheon and presented Governor Ehrlich with a basket of Washington County peaches. He also attended a meeting at Robinwood to discuss hospital medical malpractice issues and Edgewood Drive improvements. Commissioner Snook informed the Board that a letter was received from the State regarding weights and measures for scales. Commissioner Snook also received a letter regarding several events for September 11. He indicated that he had a speaking commitment at another event in the afternoon and asked if one of the Commissioners would be available to speak at 7:00 p.m. at City Park. Commissioner Snook reported that 230 homes were sold in June in Washington County compared with 170 in 2003, representing a 30% increase. The average cost for home sales in June was $279,000 in Washington County and $300,000 in Maryland. Commissioner Snook asked for the Board’s support in forgiving a $20,000 advance to the Convention and Visitors Bureau. The Commissioners agreed with the request and asked that the Convention and Visitors Bureau provide a written plan outlining strategies for the next several years. Motion made by Commissioner Munson, seconded by Commissioner Kercheval to forgive the advance. Unanimously approved. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, provided an update on repairs to the bridge on Halfway Boulevard. He explained that bids are due September 15 with a notice to proceed by September 27 and completion of the project by mid-November. Mr. Rohrer reported that Highway Department crews are continuing work on the area west of the Broadfording Road Bridge and that all concerns have or will be addressed. The website will be updated to reflect the status. Dave Hankinson, Director of Human Resources, requested authorization to fill the position of Senior Office Associate in his department due to a recent resignation. The post will be filled with a Senior Office Associate, which is one grade lower than the departing employee. The Commissioners requested that Mr. Hankinson provide a plan outlining the organization of his entire department. Motion made by Commissioner Kercheval, seconded by Nipps, to approve the request to fill the vacant Senior Office Associate position in the Human Resources Department. Unanimously approved. Dave Hankinson, Director of Human Resources, requested authorization to fill the position of Custodian in the Maintenance Department. Commissioner Wivell requested more information. Mr. Hankinson was directed to bring this matter to the Board at the next meeting. MACK TRUCKS, INC. – RESOLUTION FOR ENDORSEMENT OF MEDAF LOANS AND LOCAL INCENTIVES Tim Troxell, Executive Director of the Economic Development Commission, presented a resolution endorsing an agreement to lend Mack $2,000,000 in AUGUST 31, 2004 PAGE THREE the form of two loans from the Maryland Economic Development Assistance Authority and Fund (MEDAF). MEDAF Loan I for $1,500,000 and MEDAF Loan II, $500,000 are forgivable if Mack meets certain conditions. Those conditions are that Mack will invest $155 million in the facility and retain 1000 jobs through December 31, 2008. Proceeds from the MEDAF Loans will be used by Mack for the purchase/completion of operational improvements at their 140,000 square meter manufacturing facility located at 13302 Pennsylvania Avenue. The County will contribute $300,000 toward the project in the form of a conditional loan under the same terms and conditions as MEDAF Loan I. Motion by Commissioner Kercheval, seconded by Munson to approve the resolution for endorsement of the MEDAF loans and local incentives as presented. Unanimously approved. CITIZENS’ PARTICIPATION Chuck McCann expressed his pleasure to the Commissioners on behalf of the residents of Broadfording Road for the many updates on the bridge repair progress and for keeping the residents advised regarding the status of the project. Mr. McCann stated that the residents applaud the Commissioners and thank them for placing the bridge on the priority list to get it reopened. Mr. McCann also invited the Commissioners to a community meeting to be held at the Bridge on Thursday, September 2 at 4:30 p.m. Tracey Mumma, Mentor Manager of Big Brothers/Big Sisters, Paula Smith, Drop-Out Prevention Specialist at E. Russell Hicks Middle School; and Roger Stenerson, Principal of E. Russell Hicks Middle School; asked the Commissioners to consider becoming mentors to children at Eastern Elementary, Pangborn Elementary and E. Russell Hicks middle schools. Ms. Mumma explained that mentors commit to spending 45-60 minutes per week with a child and can read, play board games, eat lunch, etc. to develop a trusting relationship with the child. Ms. Mumma requested support from the County to solicit volunteers. Currently the program is only offered at these three schools but plans to expand the program are being considered. The Commissioners asked Ms. Mumma to leave printed information that could be disseminated to County employees. Jim Laird, representing Citizens for the Protection of Washington County, expressed concerns about the billboard moratorium and the future of billboards in Washington County and asked that new construction of billboards be stopped. OUTDOOR ADVERTISING MORATORIUM EXTENSION ORDINANCE ADOPTION After discussions on May 4 and May 18 and a public hearing on May 25, the Commissioners adopted the Outdoor Advertising Moratorium Ordinance on June 8, 2004, which was to remain in effect for ninety (90) days, or until September 6, 2004. While the Planning staff has completed a draft of proposed amendments to the outdoor advertising provisions of the Zoning Ordinance, there remains insufficient time to circulate the draft for comments to other staff, the Planning Commission, members of the public, and representatives of the outdoor advertising industry as had been contemplated by the Commissioners. The Planning Director has developed a timetable under which the final amendments would be presented to the Commissioners by the end of October. Following the suggestion of the Planning staff, the Commissioners adopted the Outdoor Advertising Moratorium Extension Ordinance to extend the moratorium on the acceptance of applications for new outdoor advertising for an additional ninety (90) days, to be reviewed after sixty (60) days as to the necessity of continuing the moratorium. Motion made by Commissioner Nipps seconded by Commissioner Kercheval to extend the moratorium for an additional ninety (90) days to be reviewed after sixty (60) days. Unanimously approved. REVIEW OF RURAL AREAS MORATORIUM The Commissioners reviewed the Ordinance to Provide for the Extension of a Moratorium on Major New Residential Developments Outside the Growth Areas for the necessity of continuing the moratorium, as required by the AUGUST 31, 2004 PAGE FOUR Ordinance. County Attorney Richard Douglas stated that the Ordinance was to be reviewed six (6) months after the October 28, 2003 effective date, but that was delayed pending receipt and evaluation of the recommendations of the Rural Area Task Force and the Planning Commission, which is now under way in a series of workshops. The Commissioners are now scheduled to complete their work and adopt the comprehensive map and text amendments for the rural areas on or before the expiration of the Ordinance on October 28, 2004. Having reviewed the Ordinance for the necessity of continuation of the moratorium and having found that it is necessary to continue the Ordinance in effect until its expiration in order that the comprehensive map and text amendments can be adopted, the Commissioners concluded their review. COUNTY ADMINISTRATOR’S COMMENTS Rodney M. Shoop, County Administrator, reminded the Commissioners that there is no meeting next week and that the next regularly scheduled meeting is September 14, 2004. Commissioner Nipps asked about the availability of one calendar listing all Commissioners’ meetings and activities. PROCLAMATION – DISABLED AMERICAN VETERANS FORGET-ME-NOT MONTH Commissioner Snook presented a proclamation to Lee Michael and Ted Dundus, representing of the Washington County Chapter of Disabled American Veterans (DAV), proclaiming the month of September 2004 as Disabled American Veterans Forget-Me-Not Month in Washington County and encouraging all citizens to join in their support of those who gave of themselves to protect and preserve our way of life. Mr. Michael and Mr. Dundus thanked the Commissioners for the proclamation on behalf of Chapter 14 of the DAV and commented on the generosity of the County’s citizens. WORK SESSION – COMPREHENSIVE RURAL AREA REZONING Michael Thompson, Planning Director, and Stephen T. Goodrich, Chief Planner, met with the Commissioners to continue discussing the recommendations of the Rural Rezoning Task Force to determine whether the rural area rezoning proposals should be amended to incorporate any or all of their recommendations. Mr. Thompson provided the Commissioners with a draft Table of Land Use Regulations with both the Planning Commission and Task Force recommendations for their review. The Commissioners proceeded through each land use with a proposed change as indicated on the summary table for zoning districts: Agricultural (A), Environmental Conservation (EC), Preservation (P), Rural Village (RV), Rural Business (RB) and Industrial Mineral (IM). Land Uses B. Accommodation and Food Services, Boarding or rooming houses to include bed and breakfast. – The Commissioners unanimously concurred with the Task Force recommendation of a special exception for Boarding and Rooming Houses in districts A, EC and P and Boarding House and Bed and Breakfast in districts P and RV. C. Administrative and Support and Waste Management and Remediation Service Landscaping Contractor: Commissioners Wivell, Munson and Nipps concurred that the use be permitted in all districts with the exception of IM. Sanitary landfills, provided such use shall be two (2) times the distance specified in Section 4.9: The Commissioners unanimously concurred with the Task Force recommendation as Not Permitted (N) in zoning districts A, EC, P and Permitted (P) in RB. D.Agriculture, Forestry, Fishing and Hunting Produce stands/Farmers Market: The Task Force recommended the use as special exception in zoning districts A, EC, P, and RV. The Commissioners unanimously concurred with the Task Force recommendation of special exception in districts A, EC, P and RV. AUGUST 31, 2004 PAGE FIVE Roadside stands offering for sale only agricultural products grown on the premises: The Commissioners agreed with the need for a definition and the Task Force recommendation of accessory use in districts A, EC, P, RV and RB. Arts, Entertainment and Recreation Circus, carnival or similar transient enterprise; provided, that such use shall not exceed ten (10) days at any one time and which does not include any permanent structure: The Task Force recommended the addition of “horse and dog shows” to the description. Unanimous. Clubs, Country: The Task Force recommends the use be a special exception (SE) in districts A, EC, and P. Unanimous. Commercial swimming pools and \[recreation centers\]: The Task Force recommends the use be an SE in districts A, EC, P, and RV, permitted in RB, and not permitted in IM. The Commissioners agreed that the two uses should be separated in the table, Recreation centers as special exception in districts A, EC, and RV with Commercial Swimming pools as currently proposed. Golf Courses: The Task Force recommends use as a special exception in district A. Commissioners Wivell, Munson and Nipps concurred with Task Force recommendation. Golf Driving Ranges: The Commissioners agreed to use as proposed in table. Museum, arts center or (tourism entertainment facility): Commissioners Wivell, Nipps and Kercheval concurred with the Planning Commission recommendations of permitted use in districts A, EC and RV and a special exception in district P. The Commissioners requested a definition for Tourist Entertainment facility. Riding academies, livery stables, subject to the distance requirements specified in Section 4.9: The Commissioners concurred with the Task Force recommendation as a permitted use in districts A, EC, P, and RV. Taxidermy Service: The Commissioners agreed with the Task Force recommendation of a permitted use in districts A, EC, P and RV. Travel trailer parks/camp grounds, subject to the provisions of Section 22.5 and provided such use shall be three (3) times the distance requirements specified in Section 4.9: The Commissioners concurred with the Task Force recommendation, as a special exception in districts A and RV. G. Educational Services Public or private college, trade and technical institutions: The Commissioners concurred with the Task Force recommendation of a special exception in district A. Schools – public or private elementary through high: The Commissioners agreed to use as proposed in table. K.Manufacturing Abattoirs, slaughterhouses, stockyards: Commissioners Kercheval, Nipps and Snook concurred with Planning Commission recommendation of not permitted in districts A, EC, P, RV and IM; permitted use in RB. Carpentry or woodworking shops: Commissioners Munson, Kercheval, and Nipps agreed with the Task Force recommendation of special exception use in districts A, EC, P and RV. Remain with permitted use in RB and not permitted in IM. AUGUST 31, 2004 PAGE SIX Concrete and ceramic products manufacture, including ready-mixed concrete plants: Commissioner, Wivell proposed concurrence with the Planning Commission recommendation with the exception of permitted use in IM. Commissioners Kercheval, Nipps and Snook agreed with Commissioner Wivell. Flour mill, grain milling or drying: The Commissioners agreed to review this category further at a later time. Food processing and packing plants: The Commissioners concurred with the Task force recommendation to be consistent with grain elevator recommendations. Grain elevators, grain bins, feed mills for wholesale use: The Commissioners agreed to review this category further at a later time. Machine shops: Commissioners Kercheval, Munson and Snook concurred with the Task Force recommendation of special exception in districts A, EC, P and RV and requested a definition for the use. Recycling facilities: Commissioners Nipps, Wivell, Kercheval and Snook concurred with the Planning Commission recommendation of not permitted in districts A, EC, P, RV and IM; permitted use in RB. Sawmills & lumber drying: Commissioners Munson, Nipps, Kercheval and Snook concurred with the Task Force recommendation of special exception in districts A, EC and P. Wineries involving off-site production and bottling of wine: Commissioners, Nipps, Wivell, Kercheval and Snook concurred with the Task Force recommendation of special exception in districts A, EC, P and RV. L.Other Services Beauty and barber shops: Commissioners Munson, Nipps and Wivell concurred with the Task Force recommendation of a permitted use in districts A, EC, P and RV. Crematories, includes those associated with cemeteries: Commissioners Munson, Wivell and Kercheval concurred with the Task Force recommendation of a special exception in districts A, EC, P and RV with Commissioner Snook abstaining. Farms for the principal use of raising animals for experimental or other purposes, such as rats, rabbits, mice, monkeys and the like, fur farms provided such use shall be subject to three (3) times the distance requirements specified in Section 4.9: Commissioners Kercheval, Nipps, Munson and Snook concurred with the Task Force recommendation of a special exception in districts A, EC and P and also changing language as outlined in the definition. Kennels with runways, provided such use shall be subject to two (2) times the distance requirements specified in Section 4.9: Commissioners Kercheval, Wivell and Nipps concurred with the Planning Commission recommendation of a not-permitted use in district RV. M.Professional and Scientific and Technical Services Penal and correctional institutes including jails: Commissioners Munson, Nipps and Snook concurred with Task Force recommendation of not permitted in districts A, EC, and P and permitted in RB. O. Public Administration Public buildings, structures, and properties of public service- type, including fire, ambulance or rescue services: Commissioners Kercheval, Wivell and Nipps concurred with the Task Force recommendation of permitted use in district RB. AUGUST 31, 2004 PAGE SEVEN P. Retail and Wholesale Trade Appliance store: Commissioners Wivell, Nipps, Munson and Snook concurred with the Planning Commission recommendation of a special exception in district RV. Auction house/flea market: Commissioners Wivell, Munson and Snook, concurred with the Task Force recommendation of a special exception in districts A, EC, P and RV. Bakery shops: Commissioners Wivell, Munson and Nipps concurred with the Task Force recommendation of a permitted use in districts A, EC, P and RV. Candy stores: The Commissioners unanimously concurred with the Task Force recommendation of a permitted use in districts A, EC, P and RV. Clothing stores: Commissioners Munson, Nipps and Kercheval concurred with the Task Force recommendation of special exception in district RV. Dairy product stores: Commissioners Munson, Nipps, Wivell and Snook concurred with the Planning Commission recommendation of permitted use in districts A, EC and P; special exception in RV, accessory in RB and not permitted in IM. Florist shop: Commissioners Munson, Nipps and Wivell concurred with the Task Force recommendation of permitted use in districts A, EC, P, and RV. Furniture and upholstering stores: Commissioners Wivell, Nipps and Snook concurred with the Task Force recommendation of special exception in districts A, EC, P and RV. Garden shops, nurseries and greenhouses: Commissioners Wivell, Munson and Nipps concurred with the Task Force recommendation of permitted use in districts A, EC, P and RV and also agreed that a definition would be added. Gift or jewelry shops: Commissioners Wivell, Kercheval and Munson concurred with the Task Force recommendation of special exception in district RV. Grocery stores: Commissioners Kercheval, Munson and Snook concurred with the Task Force recommendation of special exception in district RV. Hardware stores: Commissioners Munson, Nipps and Snook concurred with the Task Force recommendation of special exception in district RV. Laundry or dry cleaning: Commissioners Wivell, Nipps and Munson concurred with the Task Force recommendation of permitted use in district RV. Machinery dealerships and other businesses primarily providing support to agricultural work:The Commissioners agreed to review this category further at a later time. Meat markets: The Commissioners unanimously agreed with the Task Force recommendation of adding a definition. Outdoor/recreational outfitters: Commissioners Kercheval, Nipps and Munson concurred with the Task Force recommendation of special exception in districts A, EC, P and RV. Pet shops: Commissioners Wivell, Munson and Snook concurred with the Task Force recommendation of special exception in district RV. Pharmacies: Commissioners unanimously concurred with the Task Force recommendation of special exception in RV district. AUGUST 31, 2004 PAGE EIGHT Printing/blueprinting, photocopying, and similar reproduction services: Commissioners Munson, Nipps and Wivell concurred with the Task Force recommendation of special exception in RV district. Temporary or seasonal retail: Commissioners Munson, Nipps and Kercheval concurred with the Task Force recommendation of special exception in RV district. Q. Transportation and warehousing Contractor’s equipment and storage yards: Commissioners Wivell, Munson and Snook concurred with the Task Force recommendation of special exception in districts A, EC, P and RV. RECESS – LUNCH The Commissioners recessed at 12:13 p.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:06 p.m. by President Gregory I. Snook, with the following members present: Commissioners Wivell, Kercheval, Munson and Nipps. WORK SESSION CONTINUED – COMPREHENSIVE RURAL AREA REZONING The Commissioners continued reviewing the draft land use table by finishing items from morning session. Page 4,categories: flour mill, grain milling or drying and grain elevators, grain bins, and feed mills, primarily for wholesale use: The Commissioners unanimously concurred with the Task Force recommendations of permitted use in district A; special exception in districts EC and P. P. Retail and wholesale trade Machinery dealerships and other businesses primarily engaged in agricultural work: The Task force recommends changing “engaged in” to “providing support”. Commissioners Wivell, Kercheval, Nipps concurred with the Task Force recommendation of special exception in districts A, EC and RV. In the interest of time, the Commissioners tabled further discussions for another date. COMPREHENSIVE RURAL AREA REZONING, INDIVIDUAL FORMAL REQUESTS TO REVIEW ZONING CHANGE Michael Thompson and Stephen T. Goodrich presented thirty-seven (37) individual requests that were received after August 11, 2003 and/or during the public hearing time frame. The Planning Commission reviewed the requests on January 12, 2004 and February 16, 2004. The Planning Commission recommendations are noted on the revised draft table as distributed by Mr. Thompson. A public hearing on the proposed requests is scheduled for September 14; however, all individuals were informed of today’s discussion. The Commissioners reviewed each request: 1. John Young, property located at the southeast quadrant of I-70 and Md. 66, Agricultural zoning proposed, request is for Rural Business (RB) New. Commissioners unanimously concur with Planning Commission recommendation to deny request. 2. Harry & Nancy Bell, property located at 4331 Locust Grove Rd., Preservation zoning proposed, request for Conservation (1:3). Commissioners Munson, Nipps and Kercheval concur with Planning Commission recommendation to deny request. 3. Greg Spaulding/Garden State Tanning, property located at 15717 Clear Spring Rd., Williamsport, MD, Environmental Conservation proposed zoning, AUGUST 31, 2004 PAGE NINE request by owner is for all of GST’s properties to be included within the UGA; Staff recommendation is to include property on south side of Bottom Road only. Commissioners unanimously concur with Planning Commission recommendation. 4. Marsh Run Associates property on east side of Marsh Pike. Commissioners previously acted on October 8, 2003. 5. Ronald & Linda Staubs, property located at 11026 National Pike, Environmental Conservation proposed zoning, request is for Agricultural (1:1). Commissioners unanimously concur with Planning Commission recommendation to deny request. 6. Pauline Stevens, property located at 11647 National Pike, Environmental Conservation proposed zoning, request is for Agricultural (1:1). Commissioners unanimously concur with Planning Commission recommendation to deny request. 7. Gregory B. DeLauter, property located on east side of Ritchie Rd., Cascade, MD, Parcel 76, Environmental Conservation proposed zoning, request is for Rural Village (RV). Commissioners unanimously concur with Planning Commission recommendation to agree with request. 8. Gregory B. DeLauter, property located on east side of Ritchie Rd., Cascade, MD, Parcels 137 and 132, Environmental Conservation proposed zoning, request is for Rural Village (RV). Commissioners’ recommendation is to agree with property owner’s request to change zoning to Rural Village. 9. Todd & Melanie Draper, property located at Falling Run Road on the west side of Dam #4 Road. Commissioners did not make a decision at this time, pending more information regarding land terrain. 10. Bob & Mary Rotz, property located at 9924 Old National Pike. Proposed zoning is Agricultural; however, purchaser of property is requesting Rural Business (RB). Staff analysis is to deny request due to no owner participation and RB will be a new zoning district available in the future. Mrs. Rotz, owner of Antietam Recreation, was present and asked for consideration of RB because Antietam Recreation has been utilizing property since 1983. Majority supports request. 11. Arthur and Eunice Fouch, property located at 4329 Locust Grove Road. Looking at 4 lots with exemptions. Commissioners unanimously concur with Planning Commission recommendation to deny request. 12. Ralph & Teresa Shank and Mary Shank Creek, property located on Wagaman and Garris Shop Roads. Request is for inclusion in Urban Growth Area. Commissioners did not make a decision at this time. 13. James & Bonnie Weddle, property located at 19027 Poffenberger Road. Request is for inclusion in Urban Growth Area. Commissioners did not make a decision at this time. 14. D. Bruce Poole for Nick Giannaris, property located on west side of Marsh Pike. Commissioners unanimously concur with Planning Commission recommendation to agree with request. 15. John Rhodes and Brent Norton, represented by John Urner, property located on north side of Sandy Hook Rd and west side of US 340 (map 87 parcel 138). Commissioners unanimously concur with Planning Commission recommendation to deny request. 16. Jacob & Leonard Easterday, property located at 21432 Greenbriar Rd., Boonsboro. Commissioners Munson, Nipps, Wivell concur with Planning Commission recommendation to deny request. 17.Stiles Family Ltd. Partnership. Commissioners previously addressed and approved request to include property within the Town Growth Area on February 10, 2004. AUGUST 31, 2004 PAGE TEN 18. John Shinham, property located at 17613 Taylor’s Landing Road. Commissioners unanimously concur with Planning Commission recommendation to deny request. 19. Eugene Horn baker, property located at 15009 Falling Waters Rd., Williamsport. The Commissioners questioned existing easements on property and agreed to take time between now and the hearing to verify the maps. 20. Howard Payne, property located on Monroe Road and Rt. 43. Commissioners unanimously concur with Planning Commission recommendation to agree to include the property in the Town Growth Area without assignment of zoning classification. 21. Paul and Nancy Crampton, property located on south side of Mt. Aetna Road. Commissioners unanimously concur with Planning Commission recommendation to agree with request. 22. 2003 Mason Dixon LLC, Commissioners Munson, Nipps, and Snook concurred with property owner to include properties within the UGA and rezone to Industrial/Flex. 23. Landis Road Farm LLC, property located on Landis and Whitehall Roads. Commissioners Kercheval, Munson and Nipps concur with Planning Commission recommendation to deny request. 24. Elmer and E. Andrew Stone, property located at 6134 Rohrersville Road. Commissioners tabled decision until development of Town’s UGA is known. 25. Terrill Lee Chalfant, property located on east side Amos Reeder Road. Commissioners unanimously concur with Planning Commission recommendation to deny request. 26. J. Maurice Carlisle, property located on bottom side of Stottlemyer Road. Commissioners Nipps and Munson concurred with Planning Commission recommendation. Commissioner Wivell concurred with applicant and Commissioner Kercheval stated without more details on floodplain also concurred with applicant. No decision due to lack of concurrence. 27. Giovanni John Orcino, property located at 4906 Rohrersville Road. Commissioners Kercheval, Wivell and Nipps concurred with Planning Commission recommendation to deny request. 28. Mae & Margaret Freaver & Louise Conway, property located at 21315 Mt. Aetna Road. Commissioners Munson, Nipps and Kercheval concurred with Planning Commission recommendation to deny request. 29. Nancy Rhoderick, property located at 10401 White Hall Road. Commissioners unanimously concur with Planning Commission recommendation to deny request. 30. G. Clair Baker, Jr. for Kent Oliver, property on north side of Beaver Creek Road. Commissioners Nipps, Kercheval and Snook concurred with Planning Commission recommendation to deny request. Commissioner Munson abstaining. Requests 31 through 37 were not reviewed. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 3:10 pm to discuss the appointment of employees over whom it has jurisdiction and consider any personnel matter that affects one or more specific individuals; consider matters that concern proposals for businesses to locate, expand, or remain in the State; consult with staff about pending litigation; and consult with counsel to obtain legal advice; all in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. AUGUST 31, 2004 PAGE ELEVEN RECONVENE IN OPEN SESSION Motion by Commissioner Wivell and seconded by Kercheval to reconvene in open session at 3:45 p.m. Unanimously approved. Motion made by Commissioner Nipps, seconded by Munson to approve recommendation to hire Michael Haifley as Buyer in the Washington County Purchasing Department. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel issue, consulted with counsel to obtain legal advice on two (2) matters, and considered two (2)matters that concerned proposals for businesses to locate, expand, or remain in the State. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, John C. Munson, Doris J. Nipps and James F. Kercheval. Also present at various times were Rodney Shoop, County Administrator; Richard Douglas, County Attorney; Julie Nichols, Executive Assistant; Gary W. Rohrer, P.E., Director of Public Works; Dave Hankinson, Human Resources Director; and Karen Luther, Purchasing Agent. PRESENTATION OF CONCEPTUAL AGREEMENT BY JOINT CITY/COUNTY RELATIONS BOARD The Commissioners met with members of the Mayor and City of Hagerstown Council at City Hall for a presentation by the City/County Relations Board. Members of that Board include Councilman Kristin Aleshire, Councilman Lew Metzner, Commissioner James F. Kercheval and Commissioner Doris J. Nipps. During the presentation the Relations Board, also known as the “2+2 Committee”, outlined recommendations on: downtown revitalization; reimbursement to municipalities for costs incurred; consolidated services; sharing of revenue in designated area; sharing of infrastructure in designated area; City Annexation Policy revisions; County-wide transportation planning and the future of the City/County Relations Board. The consensus was to continue with the process and address areas of concern by both elected bodies prior to completing a joint agreement. ADJOURNMENT The meeting was adjourned at 5:11 p.m. , County Administrator , County Attorney ___________________________, County Clerk