HomeMy WebLinkAbout06.27.2017 Agenda
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BOARD OF COUNTY COMMISSIONERS
June 27, 2017
Agenda
10:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Terry L. Baker
APPROVAL OF MINUTES –JUNE 13, 2017
10:05 A.M. COMMISSIONERS’ REPORTS AND COMMENTS
10:10 A.M. REPORTS FROM COUNTY STAFF
10:15 A.M. CITIZENS PARTICIPATION
10:20 A.M. SOLE SOURCE PROCUREMENT AWARD (PUR-1357) FOR WESTERN
MARYLAND CONSORTIUM DISCONNECTED YOUTH SERVICES IN
WASHINGTON COUNTY, MARYLAND – Stephanie Lapole, Grant Management
10:25 A.M. NEXT GENERATION FARMLAND ACQUISITION PROGRAM – Eric Seifarth,
Planning and Zoning
10:35 A.M. CONTRACT AWARD (PUR-1346) TREATMENT FOR SUBSTANCE USE
DISORDERS AT THE WASHINGTON COUNTY SHERIFF’S OFFICE, DAY
REPORTING CENTER – Rick Curry, Purchasing and Sheriff Mullendore
10:40 A.M. LANCO DAIRY FARMS CO-OP, LLC – RESOLUTION FOR ENDORSEMENT OF
MEDAAF LOAN AND LOCAL INCENTIVE – Kassie Lewis, Dept. Of Business
Development
10:45 A.M. PUBLIC HEARING:– PROPOSED ENACTMENT OF AN ORDINANCE ENTITLED
“AN ORDINANCE ESTABLISHING SCHOOL ZONES AND AUTHORIZING THE
USE OF SPEED MONITORING SYSTEMS IN WASHINGTON COUNTY,
MARYLAND” - Sheriff Mullendore, Sheriff’s Office
11:00 A.M. APPROVAL OF OFFER ON 12408 LEARNING LANE (FORMER
CONOCOCHEAGUE ELEMENTARY SCHOOL) – Susan Small, Engineering
11:05 A.M. CLOSED SESSION (to discuss the appointment, employment, assignment, promotion,
discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or
officials over whom this public body has jurisdiction; or any other personnel matter that affects one or more
specific individuals; to consider the acquisition of real property for a public purpose and matters directly related
Terry L. Baker, President
Jeffrey A. Cline, Vice
President
John F. Barr
Wayne K. Keefer
LeRoy E. Myers, Jr.
100 West Washington Street, Suite 1101 | Hagerstown, MD 21740-4735 | P: 240.313.2200 | F: 240.313.2201
WWW.WASHCO-MD.NET
Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make
arrangements.
thereto; to consider a matter than concerns the proposal for a business or industrial organization to locate, expand,
or remain in the State; to consult with counsel to obtain legal advice on a legal matter; and to consult with staff,
consultants, or other individuals about pending or potential litigation, in accordance with Section 3-305(b), (1),
(4), (7) and (8) of the General Provisions Article of the Annotated Code of Maryland)
11:15 A.M. ADJOURNMENT
Open Session Item
SUBJECT: Sole Source Procurement Award (PUR-1357) for Western Maryland
Consortium Disconnected Youth Services in Washington County, Maryland
PRESENTATION DATE: June 27, 2017
PRESENTATION BY: Stephanie Lapole, Grant Manager, Office of Community
Grant Management
RECOMMENDED MOTION: Motion to approve a Sole Source procurement to the
Western Maryland Consortium in the amount of $52,687 for enhancements to existing
programing offered to disconnected youth contingent upon approval of the funding award from
the Maryland Governor’s Office for Children and as approved by the Washington County Local
Management Board at its meeting on Friday, January 20, 2017.
REPORT-IN-BRIEF: The purpose of the service to be provided is to fulfill the
requirements contained in a Community Partnership Agreement to be entered into and dated on
or about July 1, 2017, by and between the Board of County Commissioners of Washington
County, Maryland and the State of Maryland acting through the Sub-Cabinet for Children, Youth
and Families which, in turn, is acting through the Washington County Office of Community
Grant Management (OCGM). The contract is for a one-year period commencing on July 1, 2017
and ending June 30, 2018. It is the intent of the Local Management Board supported by the
contract with the Governor’s Office for Children to support the operations of the Western
Maryland Consortium for enhancements to existing programming offered to disconnected youth.
DISCUSSION: The OCGM wishes to apply Section 1-106.2(a)(1) to the Code of
Local Public Laws of Washington County, Maryland, to the procurement requested. This section
states that sole source procurements are authorized and permissible when: (1) only one source
exists that meets the County’s requirements.
This request requires the approval of four (4) out 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 a notice of 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.
FISCAL IMPACT: The total funding allocated is $52,687. No County funds are
requested.
CONCURRENCES: The Local Management Board approves the submission of the
proposal and recommends the acceptance of the award. Karen Luther, Director of Purchasing
concurs as to the permitted use of the Sole Source procurement request.
ALTERNATIVES: Deny approval for submission of this request
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Next Generation Farmland Acquisition Program (NGFAP)
PRESENTATION DATE: June 27, 2017
PRESENTATION BY: Eric Seifarth, Rural Preservation Administrator, and Chris Boggs, Land
Preservation Planner, Dept. of Planning & Zoning
RECOMMENDED MOTION: Move to approve Washington County’s participation in the
Next Generation Farmland Acquisition Program (NGFAP).
REPORT-IN-BRIEF: The Next Generation Farmland Acquisition Program (NGFAP) was
authorized by the Maryland General Assembly to enable the Maryland Agricultural and
Resource-Based Industry Development Corporation (MARBIDCO) to provide financial
assistance to qualified young and beginning farmers to acquire their first farm. Applicants to the
program must have a current contract for the purchase of that farm. MARBIDCO will then pay
51% of the full Fair Market Value (FMV) of the agricultural land and the applicant will pay the
remaining 49% of the purchase price. The beginner farmer will then have a period of up to
seven years to sell a permanent conservation easement to a rural land conservation program for
up to an additional 24% of FMV. Applicants will be selected from a statewide pool for the $2.5
million available funds. Washington County Land Preservation staff will be the local contacts
and administrators for the program.
DISCUSSION: Although the program legislation was enacted in 2006 due to the relatively
high farmland costs and a lack of access to adequate financial capital, FY 2018 will be the first
offering for the program. The NGFAP is designed to help facilitate the transfer of farmland to a
new generation of farmers, while also effectively helping to preserve the subject agricultural land
from future development and promote a sustainable rural economy. Currently, the only program
that could reasonably fund the permanent easement is the Maryland Agricultural Land
Preservation Program (MALPP). If the landowner is not able to procure an easement within 7
years, they have the option to either pay back the 51% to MARBIDCO with an assessed penalty,
or donate the remainder of the permanent easement to MARBIDCO, the default easement holder.
FISCAL IMPACT: If any of Washington County’s applicants are selected, MARBIDCO will
fund 51% of the Fair Market Value of the landowner’s purchase of the farm (or a maximum of
$500,000). MARBIDCO will also pay for the appraisal on the property – associated with the
program, the landowner may be responsible for administrative costs such as title work and
closing costs if a conservation easement is settled.
CONCURRENCES: The Agricultural Land Preservation Advisory Board has endorsed the
NGFAP program.
ALTERNATIVES: Opt out of the NGFAP program; table the proposal for a later date.
ATTACHMENTS: None.
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Contract Award (PUR-1346) – Treatment for Substance Use
Disorders at the Washington County Sheriff’s Office, Day Reporting Center
PRESENTATION DATE: June 27, 2017
PRESENTATION BY: Rick Curry, CPPO, Buyer - Purchasing Department and
Sheriff Doug Mullendore - Washington County Sheriff’s Office
RECOMMENDED MOTION: Move to award the contract for the Treatment for Substance
Use Disorders at the Washington County Sherriff’s Office, Day Reporting Center (DRC) in
Washington County, Maryland to the responsible, responsive proposal.
REPORT-IN-BRIEF: Attached is an excerpt from the Request for Proposal (RFP)
outlining the Overview of the Washington County DRC minimum requirements under the
resulting contract. The contract is for an initial term tentatively to commence July 1, 2017 and
end June 30, 2018 with an option by the Washington County Office of Community Grant
Management (OCGM) to renew the awarded Contract for up to one (1) additional year through
fiscal year 2019. Renewal of this agreement is at the discretion of the Washington County
Sheriff’s Office and is contingent upon the following: 1) the continual award of funds from the
Governor’s Office of Crime Control and Prevention (GOCCP) 2) the performance of the
Contractor and 3) the goals/outcomes desired by the GOCCP and the Washington County
Sheriff’s Office.
The Coordinating Committee was comprised of the following members: Day Reporting Center
Director (Chairman Designee), Washington County Sheriff’s Office, Warden for Washington
County Detention Center, and County Buyer. The RFP was advertised locally in the newspaper
and on the County’s web site, as well as on the State’s “eMaryland Marketplace” web site.
Twenty-one (21) persons/firms accessed the RFP document from the web site. One (1) provider
was represented at the pre-proposal conference. One (1) proposal was received.
DISCUSSION: N/A
FISCAL IMPACT: Governor’s Office for Children (State) funds in the amount of
$92,500 is available.
CONCURRENCES: Award as recommended by the Coordinating Committee.
ALTERNATIVES: N/A
ATTACHMENTS: (1) Minimum Requirements Excerpt from the RFP, and (2)
Proposer’s Price Proposal
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
A. Overview of the Washington County DRC
1. Minimum Requirements:
a. The treatment for substance use disorders will target criminiogenic
needs, such as antisocial thought, cognitive restructuring, and
provide medication assisted treatment, using Vivitrol.
b. All services must be provided at the DRC facility.
c. Clinician(s) will work at the DRC facility for a minimum of 40
hours a week at the DRC. Clinicians will be required to work
some evenings and some Saturdays to cover DRC hours of
operation Monday through Friday, 8:00 a.m. to 8:00 p.m.,
Saturday, 8:00 a.m. to 4:00 p.m., The DRC will be closed on
Sundays and holidays observed by the County.
d. Clinicians must open and secure DRC facility when scheduled.
Open Session Item
SUBJECT: Lanco Dairy Farms Co-op, LLC. – Resolution for Endorsement of MEDAAF Loan
and Local Incentive
PRESENTATION DATE: August 29, 2017
PRESENTATION BY: Kathleen A. Lewis, Director, Department of Business Development
RECOMMENDED MOTION: Approve the Resolution for endorsement of the State of
Maryland’s $225,000 MEDAAF loan and to provide a matching $180,000 conditional loan.
REPORT-IN-BRIEF: The Maryland Department of Commerce, under the Maryland Economic
Development Assistance Authority, has agreed to conditionally loan Lanco Dairy Farms Co-op, LLC up to
$225,000 from the Maryland Economic Assistance Fund (MEDAF) (the “Loan”).
The MEDAF Loan proceeds will be used by Lanco Dairy Farms Co-op LLC, to expand its operations in
Washington County (the “Project”). The Project plans call for Lanco Dairy Farms Co-op LLC, to purchase,
refurbish and equip the existing facility located at 14738 Warfordsburg Road, Hancock, Maryland to
establish a cheese making operation. Lanco Dairy Farms Co-op, LLC, will be investing approximately
$24,000,000 into the Project site. The Company will retain its existing 64 full-time employees and hire an
additional 26 new full-time permanent employees for a total of 90 permanent employees at the Project site
by December 31, 2017.
In accordance with MD Code, Economic Development Article, Section 5-319(d), the County is required to
endorse the making of the MEDAF Loan for the Project and approve the required local match.
DISCUSSION: To complement the State of Maryland’s offer of assistance, the County will contribute
$180,000 toward the Project in the form of a conditional loan.
FISCAL IMPACT: Any incentive will have an impact on the Hotel Rental Fund Revenue balance.
CONCURRENCES: County Administrator
Assistant County Administrator
Director, Department of Business Development
ALTERNATIVES: Provide no incentives or a lesser amount toward this project.
ATTACHMENT(S): Resolution
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
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ORDINANCE NO. ORD-2017-___
AN ORDINANCE ESTABLISHING SCHOOL ZONES AND AUTHORIZING THE
USE OF SPEED MONITORING SYSTEMS WITHIN SCHOOL ZONES IN
WASHINGTON COUNTY, MARYLAND
RECITALS
1. Maryland Annotated Code, Transportation Article § 21-803.1, authorizes and
empowers the Board of County Commissioners of Washington County, Maryland (“Board”), to
establish a school zone within a half-mile radius of any school on any roadway under the
Board’s jurisdiction, to set a speed limit within the school zone that applies when properly
signed, and to establish double fines for speeding violations within the school zone when
signed to that effect.
2. Maryland Annotated Code, Transportation Article § 21-809, permits the use of
speed monitoring systems within school zones in Washington County if the Board authorizes
such use by local law enacted after reasonable notice and a public hearing.
3. The Board finds that it is in the best interest of the public health, safety, and
welfare of the citizens of Washington County, Maryland, to enact “An Ordinance Establishing
School Zones and Authorizing the Use of Speed Monitoring Systems Within School Zones in
Washington County, Maryland” (the “Ordinance”) pursuant to applicable Maryland law.
4. A public hearing was held on ____________________, 2017, following due notice
and advertisement of the Board’s intention to enact the Ordinance.
THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington
County, Maryland, as follows:
1. A school is defined in this Ordinance as an accredited public, parochial, or
private learning institution for one or more grades kindergarten through twelve
within Washington County.
2. A speed monitoring system is defined in this Ordinance as a device with one or
more motor vehicle sensors producing recorded images of motor vehicles
traveling at speeds at least twelve (12) miles per hour above the posted speed
limit.
3. For each school within Washington County, a school zone is hereby designated
on any County roadway segment within a radius of 1,000 feet of the school
where school-related activities take place, the distance of the radius being
measured from the boundary lines constituting the school property.
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4. For each school zone designated and established by this Ordinance, legally
adequate signage, if not already existing, will be erected at each school zone in
accordance with applicable Maryland law and guidelines issued by the
Maryland State Highway Administration, as such law and guidelines may be
amended from time to time.
5. To the extent that the Maryland State Highway Administration or a municipality
located within Washington County has previously designated a school zone, or
designates a school zone in the future, which is different from the designation in
this Ordinance, such State Highway Administration or municipality designations
will control.
6. The use of speed monitoring systems, pursuant to applicable Maryland law, is
authorized within school zones designated and established under this
Ordinance.
7. Before a speed monitoring system is activated within a school zone designated
and established under this Ordinance, notice of the location of the speed
monitoring system will be published on Washington County’s official website
and in a newspaper of general circulation within Washington County for at least
the first fifteen (15) calendar days prior to activation of the speed monitoring
system.
8. A speed monitoring system activated within a school zone designated and
established under this Ordinance will operate only Monday through Friday
between 6:00 a.m. and 8:00 p.m.
9. If a mobile or stationary speed monitoring system is moved to or placed at a
school zone in Washington County where a speed monitoring system has not
previously been moved or placed, then no citation may issue for a violation
recorded by that mobile or stationary speed monitoring system until legally
adequate signage is installed and for at least the first fifteen (15) calendar days
after the signage is installed.
10. A civil penalty in the amount of $40 per violation is hereby established.
11. The official designated to implement and oversee the use of speed monitoring
systems within school zones established within Washington County under this
Ordinance is the Washington County Sheriff or designee(s) who will carry out
such implementation and oversight in accordance with all applicable provisions
and requirements of Maryland Annotated Code, Transportation Article § 21-809.
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ADOPTED this ____ day of __________________, 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
__________________________ BY:
Vicki C. Lumm, Clerk Terry L. Baker, President
Approved as to legal sufficiency:
Mail to:
_____________________________ Office of the County Attorney
John M. Martirano 100 W. Washington Street, Suite 1101
County Attorney Hagerstown, MD 21740
Open Session Item
SUBJECT: Approval of Offer on 12408 Learning Lane (former Conococheague Elementary
School)
PRESENTATION DATE: June 27, 2017
PRESENTATION BY: Susan Small, Real Property Administrator
RECOMMENDED MOTION: Move to approve the terms of the sale of the property
located at 12408 Learning Lane as presented and to execute the necessary documentation for an
agreement of sale.
REPORT-IN-BRIEF: The property was formally listed on April 24, 2017. Staff has been
presented with a formal offer on the property and would like the Board to consider the approval
of the terms of the offer and move forward with the execution of a formal agreement of sale and
related steps necessary to consummate the transaction.
DISCUSSION: The buyer is proposing an Assisted Living Facility at the site. The buyer
will have to apply for a re-zoning certification through the zoning appeal process for a rural
business overlay. The disposition of the property will be pending approval from the Board of
Public Works (BPW). County Staff is working with BPW to submit an application for their
agenda. The offer details are below.
Offer:
$500,000 purchase price
100% buyer paid closing costs; to include all fees and
commissions
90-day feasibility period
Contingent upon approval of the Board of Public Works
Kickout clause if better offer presented by a third party
$5,000 down to be held in seller’s agent escrow
FISCAL IMPACT: $500,000 revenue from the sale of the property.
CONCURRENCES: Director of Engineering
ALTERNATIVES: Reject current offer and continue to market property.
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form