Regular Session
Regular MeetingHagerstown, MD · December 17, 2019
Agenda
89th Regular Session
Mayor and City Council
December 17, 2019
Agenda
7:00 PM - December 17, 2019 - REGULAR SESSION -Council Chamber, 2nd Floor, City Hall
I. CALL TO ORDER
Mayor Robert E. Bruchey, II
II. INVOCATION
III. PLEDGE TO THE FLAG
IV. ANNOUNCEMENTS
A. A. Rules of Procedure – Effective October 22, 2019
B. Use of cell phones during meetings is restricted.
C. All correspondence for distribution to Elected Officials should be provided to the
City Clerk and should include a copy for the City Clerk for inclusion in the official
record.
D. Meeting Schedule:
1. Tuesday, January 7, 2020 – Work Session at 4:00 p.m.
2. Tuesday, January 14, 2020 – Work Session at 4:00 p.m.
3. Tuesday, January 21, 2020 – Work Session at 4:00 p.m.
4. Tuesday, January 28, 2020 – Regular Session at 7:00 p.m.
V. APPOINTMENTS
A. Board of Zoning Appeals
VI. AGENDA ITEM CITIZEN COMMENTS
VII. PUBLIC HEARINGS
Proposed Comprehensive Plan Amendments
VIII. MINUTES
(November 5, 2019, November 6, 2019, November 12, 2019, November 19, 2019,
November 26, 2019)
IX. CONSENT
B. Parks and Engineering
1. 2020 and 2021 Pavement Preservation Program
2. Stormwater Utility Phase III Implementation Contract – Wood, Inc. (Chantilly, VA)
$41,596.00
C. Utilities
1. Light - Substation Class Vacuum Circuit Breakers - Siemens Industry, Inc. (Wendell,
NC) $62,741.00
2. Wastewater – Miscellaneous Facility Repairs – Synagro – WWT, Inc. (Baltimore, MD)
$37,219.18
3. Water – Hydrofluorosilicic Acid – George S. Coyne Chemical Co., Inc. (Croydon, PA)
$51,763.50
X. UNFINISHED BUSINESS
A. Approval of an Ordinance: Chapter 64 Building Construction, Article III
XI. NEW BUSINESS
A. Approval of a Resolution: Parking Lease for the University District Parking Deck with the
State of Maryland
B. Approval of a Resolution: Amendment to a Commercial Lease Agreement with Fresh
Academicz, LLC / Peter Arizmendi for the property located at 60 W. Washington Street
C. Approval of a Resolution: Alter Traffic Patterns in the Dale Street Neighborhood
D. Approval of Renewal of City-Wide Mowing Contract: 3/15/20-12/15/20
E. Approval of a Resolution: User Agreement with Hagerstown Area Youth Soccer League
(HAYSL)
F. Approval of a Resolution: User Agreement with Hagerstown YMCA
XII. GENERAL CITIZEN COMMENTS
XIII. CITY ADMINISTRATOR'S COMMENTS
XIV. MAYOR AND COUNCIL COMMENTS
XV. ADJOURN
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
Mayor Robert E. Bruchey, II
Mayor and City Council Action Required:
Discussion:
Financial Impact:
Recommendation:
Motion:
Action Dates:
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
A. Rules of Procedure – Effective October 22, 2019
B. Use of cell phones during meetings is restricted.
C. All correspondence for distribution to Elected Officials should be provided to the City
Clerk and should include a copy for the City Clerk for inclusion in the official record.
D. Meeting Schedule:
1. Tuesday, January 7, 2020 – Work Session at 4:00 p.m.
2. Tuesday, January 14, 2020 – Work Session at 4:00 p.m.
3. Tuesday, January 21, 2020 – Work Session at 4:00 p.m.
4. Tuesday, January 28, 2020 – Regular Session at 7:00 p.m.
Mayor and City Council Action Required:
Discussion:
Financial Impact:
Recommendation:
Motion:
Action Dates:
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
Board of Zoning Appeals
Mayor and City Council Action Required:
Discussion:
Financial Impact:
Recommendation:
Motion:
Action Dates:
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
Proposed Comprehensive Plan Amendments
Mayor and City Council Action Required:
Discussion:
Financial Impact:
Recommendation:
Motion:
Action Dates:
ATTACHMENTS:
File Name Description
Public_Hearing_Notice_-_2018_Comprehensive_Plan.pdf Notice - Public Hearing
Comprehensive Plan
Public Hearing - Proposed
Comp_Plan_Amendments_MCC_Public_Hearing.pdf Comprehensive Plan
Amendments
NOTICE
PUBLIC HEARING
Pursuant to the provisions of the Land Use Article of the Annotated Code of the State of
Maryland, NOTICE is hereby given that a Public Hearing will be held by the Hagerstown
Mayor and City Council at 7:00 p.m., in the Council Chamber, 2nd Fl., City Hall,
Hagerstown, MD, on Tues., Dec. 17, 2019.
The purpose of the public hearing is to consider amendments to the Future Land Use
Map and designation in the Hagerstown 2018 Comprehensive Plan, visionHagerstown
2035.
A copy of the update is available for public review at the Washington County Free
Library. Copies are also available in the City Clerk’s office, 2nd Fl., City Hall; and in the
Planning and Code Administration Dept., 3rd Fl., City Hall, Hagerstown, MD. The update
can be viewed online at www.hagerstownmd.org/1468/Comp-Plan-Amendments.
Individuals requiring special accommodations are requested to contact the City Clerk at
301.739.8577, ext. 113, or TDD 301.797.6617. Any person desiring a stenographic
transcript shall be responsible for supplying a competent stenographer.
HAGERSTOWN MAYOR AND CITY COUNCIL
By: Robert E. Bruchey, II, Mayor
AMENDMENTS TO
COMPREHENSIVE PLAN,
VISIONHAGERSTOWN 2035
Changes to Future Land Use Plan and incorporation
of the newly created Institutional zoning district
Comprehensive Plan Amendments
Process
■ In order to create changes to the City’s Comprehensive Plan, visionHagerstown
2035, staff are required to send the amendment package to the State
Clearinghouse for a 60 day review period
■ City staff also sent the amendments package to Washington County and the Town of
Funkstown
■ The package was sent out towards the end of August and the Planning Commission
held their public review meeting on October 30
■ We received feedback from the Maryland Department of Planning and MDOT as well
as input from the public
Comprehensive Plan Amendments
Package
The City of Hagerstown Planning Commission is proposing to amend the Comprehensive
Plan visionHagerstown 2035. The proposed amendments to the Plan include changes
in Future Land Use designations and incorporation of the newly created Institutional
zoning district into the Growth Management and Land Use text.
Future Land Use and Zoning
■ Future Land Use dictates Zoning in the City
■ For example, a “Commercial General” future land use designation dictates those
areas to be zoned any of the 3 commercial zoning districts: Commercial Local;
Commercial General; and Commercial Regional
■ A comprehensive rezoning is initiated in order to implement the Comprehensive
Plan- to ensure the City’s Zoning Map matches the Future Land Use Map
■ Therefore, we are pausing the rezoning process to create consistency between the
proposed rezoning and the future land uses of those areas
Future Land Use Plan Amendments
■ YMCA Property: from Business Employment to Commercial General
■ Linwood Property (southern half): from Medium Density Residential to Industrial
■ Doub Farm Property (eastern parcel): from Business Employment to Commercial
General
■ South End Shopping Center (southern portion): from Commercial General to
Industrial
■ Hebb Road Property (south side): from Medium Density Residential to High Density
Residential
■ Copy Quik & Old Potomac Liquor: from Mixed Use to Commercial General
■ Hagerstown Water Department: from Industrial to Institutional
Future Land Use Map
YMCA Property: Business Employment to
Commercial General
Existing Future Land Use: (Business Employment) Proposed Future Land Use: (Commercial General)
Linwood Property (southern half):
Medium Density Residential to Industrial
Existing Future Land Use: Medium Density Residential Proposed Future Land Use: Industrial
Doub Farm Property (eastern parcel): from
Business Employment to Commercial
General
Existing Future Land Use: Business Employment Proposed Future Land Use: Commercial General
South End Shopping Center (southern
portion): from Commercial General to
Industrial
Existing Future Land Use: Commercial General Proposed Future Land Use: Industrial
Hebb Road Property (south side): from
Medium Density Residential to High Density
Residential
Existing Future Land Use: Medium Density Residential Proposed Future Land Use: High Density Residential
Copy Quik & Old Potomac Liquor: from
Mixed Use to Commercial General
Existing Future Land Use: Mixed Use Proposed Future Land Use: Commercial General
Hagerstown Water Department: from
Industrial to Institutional
Existing Future Land Use: Industrial Proposed Future Land Use: Institutional
Incorporation of the new
Institutional Zoning District
In the Growth Management and Land Use
chapter of the Comprehensive Plan,
visionHagerstown 2035, staff recommends
the newly created Institutional (INST) zoning
district as a compatible zoning district for
Institutional Uses and for Parks, Recreation,
and Open Space.
Next Steps
■ Public record remains open for 10 days (until December 27)
■ Mayor & Council reviews amendments package and public input
■ Comprehensive Plan amendments are adopted by resolution
https://www.hagerstownmd.org/1468/Comp-Plan-Amendments
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
(November 5, 2019, November 6, 2019, November 12, 2019, November 19, 2019, November
26, 2019)
Mayor and City Council Action Required:
Discussion:
Financial Impact:
Recommendation:
Motion:
Action Dates:
ATTACHMENTS:
File Name Description
Motion_-_Minutes.pdf Motion - Minutes
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Date: December 17, 2019
TOPIC: Approval of Minutes
Charter Amendment
Code Amendment
Ordinance
Resolution
Other X
MOTION: I hereby move for the approval of minutes, as presented, for the Mayor and
Council meetings held on November 5, 2019, November 6, 2019,
November 12, 2019, November 19, 2019, and November 26, 2019.
DATE OF PASSAGE: December 17, 2019
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
2020 and 2021 Pavement Preservation Program
Mayor and City Council Action Required:
Discussion:
Financial Impact:
Recommendation:
Motion:
Action Dates:
ATTACHMENTS:
File Name Description
Motion_-_Consent.pdf Motion - Consent Agenda
2020_pavement_preservation_program.2019.pdf 2020 and 2021 Pavement
Preservation Program
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
Stormwater Utility Phase III Implementation Contract – Wood, Inc. (Chantilly, VA) $41,596.00
Mayor and City Council Action Required:
Discussion:
Financial Impact:
Recommendation:
Motion:
Action Dates:
ATTACHMENTS:
File Name Description
Consent_-_Stormwater_Utility_Phase_III_Implementation.pdf Consent - Stormwater Utility
Phase III Implementation
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
Light - Substation Class Vacuum Circuit Breakers - Siemens Industry, Inc. (Wendell, NC)
$62,741.00
Mayor and City Council Action Required:
Electric Division requests approval to purchase Vacuum Circuit Breakers from Siemens Industry,
Inc in the amount of $62,741.00
Discussion:
Required to provide overcurrent protection to the 34.5 kilovolt substation transformer and the
subtransmission system.
Financial Impact:
$4,790 available in FY20 between CIP C0776 - Breaker Replacement and CIP C0778 -
Substation Upgrades. Cash reserves may be used or there are FY20 funds available in the
amount of $80,000, allocated to CIP C0842 - Circuit Upgrades, that may be reallocated to cover
the remaining unbudgeted expense.
Recommendation:
Recommend purchase directly through the Hagerstown Light Department's approved
manufacturer for 34.5 kV protection devices, Siemens Industry, Inc. In addition to the initial
purchase, this will be a blanket order through the end of the fiscal year where prices are subject to
quarterly adjustments and total cost could be higher or lower based on quantities ordered.
Motion:
Action Dates:
Regular Session 12/17/2019
ATTACHMENTS:
File Name Description
Consent_-_Vacuum_Circuit_Breaker.pdf Signed Consent - Vacuum
Circuit Breakers
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
Wastewater – Miscellaneous Facility Repairs – Synagro – WWT, Inc. (Baltimore, MD)
$37,219.18
Mayor and City Council Action Required:
Discussion:
Financial Impact:
Recommendation:
Motion:
Action Dates:
ATTACHMENTS:
File Name Description
Signed Consent -
Consent_-_Miscellaneous_Facility_Repairs.pdf Miscellaneous Facility
Repairs
WW_Division_Consent_Agenda_for_C0711_12-17-19.pdf WW Division Consent
Agenda for C0711 12/17/19
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
Water – Hydrofluorosilicic Acid – George S. Coyne Chemical Co., Inc. (Croydon, PA)
$51,763.50
Mayor and City Council Action Required:
Discussion:
Financial Impact:
Recommendation:
Motion:
Action Dates:
ATTACHMENTS:
File Name Description
Consent_-_Hydrofluorosilicic_Acid.pdf Signed Consent -
Hydrofluorosilicic Acid
Award_letter_Coyne.pdf Hydrofluosilicic Acid
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
Approval of an Ordinance: Chapter 64 Building Construction, Article III
Mayor and City Council Action Required:
Discussion:
Financial Impact:
Recommendation:
Motion:
Action Dates:
ATTACHMENTS:
File Name Description
Approval_of_an_Ordinance_- Ordinance: Chapter 64
_Chapter_64_Building_Construction__Article_III.pdf Building Construction,
Article III
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
Approval of a Resolution: Parking Lease for the University District Parking Deck with the State of Maryland
Mayor and City Council Action Required:
Discussion:
Financial Impact:
Recommendation:
Motion:
Action Dates:
ATTACHMENTS:
File Name Description
Motion_and_Resolution_- Motion and
_Parking_Lease_for_University_District_Parking_Deck_with_State_of_Maryland.pdf Resolution
Maryland
2020_lease_11-22-19_State_of_MD_DJS.pdf Standard
Lease
Agreement
Memo on
Parking_Lease_Agreement_Memo_with_State_of_MD_Dept_of_the_Juvenile_Services_2020_- DJS
Parking
_2023.pdf Lease
Agreement
Motion
Sheet for
Motion_Sheet_for_parking_lot_lease_with_State_of_MD_DJS_2020_-_2022.pdf DJS
Parking
Lease
CITY OF HAGERSTOWN, MARYLAND
Public Works Department (301)739-8577 ext. 178
November 22, 2019
To: Scott Nicewarner, City Administrator
From: Eric B. Deike, Director of Public Works
RE: State of Maryland
Department of the Juvenile Services
Standard Parking Lease Agreement
RECOMMENDATION
Staff recommends that the Mayor and Council approve a standard parking lease
agreement with the State of Maryland that allows for parking for the Maryland State
Department of Juvenile Services. Parking privileges would be in the University District
Parking Deck for a period of three (3) years with an option to renew for another three (3)
year term where the rates could be renegotiated.
DISCUSSION
The Maryland State Department of the Juvenile Services operates out of an office in
the city center. The agency currently parks in the University District Parking Deck and
wishes to continue this arrangement.
The City of Hagerstown does not require lease agreements for utilizing the parking
decks. The State of Maryland insists that a lease be signed due to obligatory requirements to
their Board of Public Works. The State has provided a standard parking lease agreement that
includes parking for fourteen (14) vehicles for this agency. The annual payment amount is
$11,760.00 or $980 per month.
The attached agreement shows the term of the agreement commencing on July 1,
2020 and ending on June 30, 2023.
The City’s attorneys have reviewed the agreement.
CONCLUSION
While not a requirement of the City of Hagerstown, signing of the standard parking
lease agreement will satisfy obligations for the state agency of the Department of the Juvenile
Services in regard to their budget processes. The recommendation is to sign the lease
agreement with State. Staff is prepared to answer any questions regarding this agreement.
Cc: Jason Rodgers
51 W. Memorial Blvd. · Hagerstown, MD 21740
FAX (301)791-6761
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
DATE: December 17, 2019
TOPIC: Approval of a Parking Lease for the University District Parking Deck with the State
of Maryland
Charter Amendment
Code Amendment
Ordinance
Resolution
Other
MOTION: I hereby move for the approval of a resolution to approve a parking lease
agreement between the City of Hagerstown and the State of Maryland for the
rental of fourteen (14) parking spaces in the University District Parking Deck for use
by the Department of Juvenile Services.
The term of the lease is three (3) years and commences on July 1, 2020. The annual
rent to be paid to the City is Eleven Thousand Seven Hundred Sixty Dollars and No
Cents ($11,760.00).
DATE OF PASSAGE: December 17, 2019
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
Approval of a Resolution: Amendment to a Commercial Lease Agreement with Fresh
Academicz, LLC / Peter Arizmendi for the property located at 60 W. Washington Street
Mayor and City Council Action Required:
Discussion:
Financial Impact:
Recommendation:
Staff request Mayor & City Council approval of an amendment to the lease agreement with Fresh
Academicz, LLC, the existing tenant operating at the 60 West Washington Street storefront
space. Per the existing lease agreement, this amendment is required to extend the lease term
and update the rent amount for the Fresh Academicz tenancy.
Staff have worked the tenant and City Attorney Jason Morton to review all aspects of the
proposed leases amendment. A copy of the draft lease amendment is attached
Motion:
I hereby move for Mayor and City Council to approve the attached resolution authorizing the
execution of an amendment for the existing lease with Fresh Academicz, LLC / Peter Arizmendi
for the property located at 60 W Washington St in Hagerstown, MD. The lease amendment will
extend the lease term and update the rent amount for the existing lease agreement between the
City of Hagerstown and Fresh Academicz, LLC / Peter Arizmendi. All other terms of the existing
lease will remain in full force and effect.
Action Dates:
DATE OF INTRODUCTION: 12/17/2019
DATE OF PASSAGE: 12/17/2019
EFFECTIVE DATE: 12/17/2019
ATTACHMENTS:
File Name Description
Motion: Resolution - Lease
Motion_-_Resolution_- Agreement with Fresh
_Lease_Agreement_with_Fresh_Academicz.pdf Academicz
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
Approval of a Resolution: Alter Traffic Patterns in the Dale Street Neighborhood
Mayor and City Council Action Required:
Discussion:
Financial Impact:
Recommendation:
Motion:
Action Dates:
ATTACHMENTS:
File Name Description
Approval of a Resolution to
Dale_Street_Traffic_Patterns.2019.pdf Alter Traffic Patterns in the
Dale Street Neighborhood
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
Approval of Renewal of City-Wide Mowing Contract: 3/15/20-12/15/20
Mayor and City Council Action Required:
Discussion:
Financial Impact:
Recommendation:
Motion:
Action Dates:
ATTACHMENTS:
File Name Description
12.17.19_Motion_for_CityWide_Mowing_Contract_Extension_#2.pdf Mowing Contract
Extension #2
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
DATE: December 17, 2019
TOPIC: Approval to Renew City-Wide Mowing Contract: 3/15/20-12/15/20
Charter Amendment ________
Code Amendment ________
Ordinance ________
Resolution ________
Other ____X___
MOTION:
I hereby move for the Mayor and Council to authorize and approve the renewal of the City-Wide Mowing Contract
for the contract term of March 15, 2020 through December 15, 2020. This is year two (2) of two (2) optional one-
year renewals. The total contract amount is $120,399.16.
Department Name Contractor Name Department Total
Light Division Servtec Custodial, Inc. $7,404.39
Parks Division Servtec Custodial, Inc. $80,828.96
Water Division East Coast Landscaping $16,950.00
Water Division Contingent Items
East Coast Landscaping $5,625.00
(locations WC3 and WC10)
Servtec Custodial, Inc
Police Department and East Coast $8,649.75
Landscaping
CDBG Homeownership Properties Servtec Custodial, Inc. $941.06
Grand Total $120,399.16
DATE OF INTRODUCTION: 12/17/19
DATE OF PASSAGE: 12/17/19
EFFECTIVE DATE: 12/17/19
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
Approval of a Resolution: User Agreement with Hagerstown Area Youth Soccer League
(HAYSL)
Mayor and City Council Action Required:
Discussion:
Financial Impact:
Recommendation:
Motion:
Action Dates:
ATTACHMENTS:
File Name Description
Motion_and_Resolution_- Motion and
_User_Agreement_with_Hagerstown_Area_Youth_Soccer_League_(HAYSL).pdf Resolution
User
Agreement
for
HAYSL_user_agreement.2019.pdf Hagerstown
Area Youth
Soccer
League
(HAYSL)
REQUIRED MOTION
MAYOR AND CITY COUNCIL
HAGERSTOWN, MARYLAND
Topic:
Approval of a Resolution: User Agreement with Hagerstown YMCA
Mayor and City Council Action Required:
Discussion:
Financial Impact:
Recommendation:
Motion:
Action Dates:
ATTACHMENTS:
File Name Description
Motion_and_Resolution_- Motion and Resolution
_User_Agreement_with_YMCA_of_Hagerstown.pdf
User_agreement_for_Hagerstown_YMCA.2019.pdf User Agreement for
Hagerstown YMCA
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