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BOARD OF COUNTY COMMISSIONERS
August 29, 2017 Agenda
10:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Terry L. Baker
APPROVAL OF MINUTES –AUGUST 22, 2017
10:05 A.M. COMMISSIONERS’ REPORTS AND COMMENTS
10:10 A.M. REPORTS FROM COUNTY STAFF
10:15 A.M. LANCO DAIRY FARMS CO-OP, LLC. – RESOLUTION FOR ENDORSEMENT OF MEDAAF LOAN AND LOCAL INCENTIVE – Kathleen Lewis, Director, Department of Business Development
10:30 A.M. PUBLIC HEARING: REQUESTS BY ORGANIZATIONS TO BE ADDED TO THE LIST OF NON-PROFIT ORGANIZATIONS TO WHICH THE BD OF COUNTY COMMISSIONERS MAY CONTRIBUTE FUNDS, PURSUANT TO §1-108 OF THE CODE OF PUBLIC LOCAL LAWS OF WASHINGTON COUNTY, MD – John
Martirano, County Attorney
10:50 A.M. PUBLIC HEARING: APPLICATION FOR WATER AND SEWER PLAN AMENDMENT (WS-17-001) - Jill Baker, Chief Planner, Planning & Zoning
11:20 A.M. PAYROLL WEEK PROCLAMATION – Debry Murray, CEO, Budget & Finance and
the Washington County Board of Commissioners
11:30 A.M. PUBLIC HEARING: MODIFICATION OF CERTAIN LANDFILL USER FEES –
Julie Pippel, Director, Environmental Management and David Mason, Deputy Director,
Solid Waste & Watershed Program
11:50 A.M. WASHINGTON COUNTY SOIL CONSERVATION DISTRICT (WCSCD), FEE INCREASE FOR EROSION AND SEDIMENT CONTROL PLAN REVIEW SERVICES – Elmer Weibley, District Manager and Denise Price, Urban Program
Director, WCSCD
11:55 A.M. UNITED WAY “ALICE” PROGRAM PRESENTATION AND DAY OF CARING –
Mark Weldon, Director of Development, United Way of Washington County
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.
12:10 P.M. PROPERTY ACQUISITIONS FOR DRAINAGE IMPROVEMENTS ALONG BOTTOM ROAD AT ROUTE 68 IN WILLIAMSPORT - Susan Small, Real Property Administrator, Engineering Department
12:15 P.M. CONSTRUCTION BID AWARD: HVAC REPLACEMENT PROJECT, CONTRACT NUMBER MS-HV-253-28, 80 WEST BALTIMORE STREET, HAGERSTOWN – Scott Hobbs, Director, Engineering 12:20 P.M. CITIZENS PARTICIPATION
12:25 P.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)
12:45 P.M. ADJOURNMENT
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
Open Session Item
SUBJECT: PUBLIC HEARING – Application for Water and Sewerage Plan Amendment –
WS-17-001
PRESENTATION DATE: August 29, 2017; 10:50 am
PRESENTATION BY: Jill Baker, Chief Planner, Washington County Department of
Planning and Zoning
RECOMMENDED MOTION: Move to approve the Water and Sewerage Plan amendment
#WS-17-001 which will adjust the water service area boundary to include parcels 1188-1 &
1188-2 and a portion of Parcel 499, designate that portion of the expanded service area and the
existing water line as a restricted service area and will change the service priority designation of
that area from W-7 to W-1.
REPORT-IN-BRIEF: The subject properties are located in a Sensitive Area designated
by the Washington County Health Department due to groundwater under the direct influence of
surface water contamination (GWUDI). Property owner Clarence Horst has initiated multiple
attempts to establish a new on-site well to serve a newly subdivided lot. All of those attempts
have failed to produce a potable water supply and on-site treatment is not an option. During this
process it was determined by the Health Department that the existing well that serves Lot 2 is
also contaminated and must be abandoned. There is an existing City of Hagerstown water line in
Garden View Drive at the front of the property. The City of Hagerstown created and then
approved a new category of exemption to allow these water line connections outside of its
existing service area and Medium Range Growth Area. In order to comply with State laws
governing long range planning for public water and sewer services the Plan needs amendment so
this arrangement can be permitted and potable water from the public system can be provided to
these 2 lots.
DISCUSSION: Detailed discussion of the amendment can be found in the Staff Report
and Analysis dated July 25, 2017, attached hereto. The City of Hagerstown created and approved
an exemption to its policies regarding providing public water service outside of its growth area
boundaries. The Planning Commission held a public information meeting to receive feedback
from the applicant and the general public on August 7, 2017. The Planning Commission
recommends approval of the application.
FISCAL IMPACT: None
CONCURRENCES: Washington County Planning Commission
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Washington County Division of Environmental Management
City of Hagerstown
Washington County Health Department
ALTERNATIVES: n/a
ATTACHMENTS: Application for Water and Sewerage Plan amendment
Staff Report and Analysis dated July 25, 2017
Maps depicting the request change
Planning Commission Recommendation dated August 14, 2017
*ATTACHMENTS AVAILABLE WITH THE ONLINE
VERSION
Open Session Item
SUBJECT: Payroll Week Proclamation
PRESENTATION DATE: August 29, 2017
PRESENTATION BY: Washington County Board of County Commissioners
RECOMMENDED MOTION: Designate September 3 – September 9, 2017 as Payroll week
REPORT-IN-BRIEF: Proclamation will so national support for Payroll professional and National
Payroll Week
DISCUSSION: Whereas the American Payroll Association and its more than 21,000 members have
launched a nationwide public awareness campaign that pays tribute to the more than 150 million people
who work in the United States and the payroll professionals who support the American system by
paying wages, reporting worker earnings and withholding federal employment taxes; and
Whereas the payroll professional in Washington County, MD play a key role in maintaining the
economic health of the County, carrying out such diverse tasks as paying all employee payroll,
providing information for child support enforcement, and carrying out tax withholding, reporting and
depositing; and
Whereas payroll departments collectively spend more than $2.2 trillion annually complying with myriad
federal and state wage and tax laws; and Whereas payroll professionals play an increasingly important
role ensuring the economic security of American families by helping to identify noncustodial parents
and making sure they comply with their child support mandates; and
Whereas payroll professionals have become increasingly proactive in educating both the business
community and the public at large about the payroll tax withholding systems; and
Whereas payroll professionals meet regularly with federal and state tax officials to discuss both
improving compliance with government procedures and how compliance can be achieved at less cost to
both government and businesses; and
Whereas the week in which Labor Day falls has been proclaimed National Payroll Week, I hereby give
additional support to the efforts of Stephanie Baker who works for Washington County, MD and of the
payroll profession by proclaiming the first full week of September Payroll Week for this Washington
County, MD.
FISCAL IMPACT: Not Applicable
CONCURRENCES: County Administrator and Chief Financial Officer
ALTERNATIVES: Not Applicable
ATTACHMENTS: Not Applicable
AUDIO/VISUAL NEEDS: Not Applicable
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Washington County Soil Conservation District (WCSCD), Fee increase for Erosion
and Sediment Control Plan review services
PRESENTATION DATE: August 29, 2017
PRESENTATION BY: Elmer Weibley, CPESC, District Manager, Denise Price CESSWI,
Urban Program Director
RECOMMENDED MOTION: Approval of fee increases to become effective October 1, 2017
REPORT-IN-BRIEF: WCSCD has not increased fees for plan review services since 2010.
The proposed fee increase will enable WCSCD to maintain existing levels of service. WCSCD
is no longer to financially support the plan review program from other sources of funding.
DISCUSSION:
FISCAL IMPACT:
CONCURRENCES:
ALTERNATIVES:
ATTACHMENTS:
1. Memo to BOCC
2. Comparison of existing fees to proposed fees
3. Financial summary
4. Justification for increasing fee for field inspection services
5. Comparison for a selection of recent projects
6. Summary of similar fees charged by the Frederick County Soil Conservation Districts
7. Summary of MD laws that permit WCSCD to charge fees and outlines the process that
must be followed
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Property Acquisitions for Drainage Improvements along Bottom Road at Route 68
in Williamsport.
PRESENTATION DATE: August 29, 2017
PRESENTATION BY: Susan Small, Real Property Administrator, Engineering Department
RECOMMENDED MOTION: Move to approve option agreements for easement
acquisitions on Bottom Road for the purpose stated and to adopt an ordinance approving the
purchase of said areas and to authorize the execution of the necessary documentation to finalize
the acquisitions.
REPORT-IN-BRIEF: Three properties in the area of Bottom Road require perpetual drainage
easements and one will require a temporary construction easement, to allow for drainage
improvements on Bottom Road.
DISCUSSION:
Property Address Temporary Construction
Easement (square feet)
Perpetual Drainage Easement
(square feet)
14645 Clear Spring Road N/A 100 SF
14706 Bottom Road N/A 679 SF
14923 Clear Spring Road 2,871 SF 1,031 SF
FISCAL IMPACT: $2,500.00. This is a budgeted CIP project
CONCURRENCES: Director of Engineering
ALTERNATIVES: N/A
ATTACHMENTS: Aerial map, Ordinance
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
B o t t o m R o a d D r a i n a g e
ClearSpringRoad(MD68)BottomRoad¯
Legend
- Perpetual Drainage Easement
- Temporary Construction Easement
- Parcel Boundaries
0 50 100 150 200Feet
14339 Clear Spring Road
14645 Clear Spring Road
14932 Clear Spring Road
ORDINANCE NO. ORD-2017- ___
AN ORDINANCE TO APPROVE THE PURCHASE OF AN EASEMENT INTEREST
IN REAL PROPERTY
(Bottom Road Drainage Project: Easement acquisition – part of 14923 Clear Spring Road,
Clear Spring, Washington County, Maryland)
RECITALS
1. The Board of County Commissioners of Washington County, Maryland (the
“County”) believes that it is in the best interest of the citizens of Washington County to
purchase an easement interest in real property identified on the attached Schedule A (the
“Easement”) to be used for public purposes.
2. The County approved the purchase of the Easement on August 29, 2017.
3. A public hearing was not required by Section 1-301, Code of the Public Local
Laws of Washington County, Maryland as the funds utilized to purchase the Easement are not
to be expended from the General Fund of the County.
4. The purchase of the Easement is necessary for the Bottom Road Drainage
Improvement Project in Washington County, Maryland.
THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington
County, Maryland that the purchase of the Easement be approved and that the President of the
Board and the County Clerk be and are hereby authorized and directed to execute and attest,
respectively, all such documents for and on behalf of the County relating to the purchase of the
Easement.
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
SCHEDULE A--DESCRIPTION OF PROPERTY
EASEMENT PROPERTY ACQUISITION: (Perpetual and Permanent Drainage Easement):
All that parcel of land consisting of 1,031 square feet or 0.0237 acres of land, more or less,
situate along the easterly margin of Bottom Road in Election District No. 7, Washington County,
Maryland, and shown and/or indicated as “PERPETUAL EASEMENT FOR DRAINAGE
FACILITY AREA NO. 5” on a plat entitled “Bottom Road Drainage Improvement Perpetual
Drainage and Maintenance Easements,” dated April 6, 2017 and intended to be recorded among
the Land Records of Washington County, Maryland, in the Washington County Lands and
Roads Record Book as Right-of-Way Plat No. 100-10-595.
The above parcel of land being a portion of that tract or parcel of land conveyed unto
Mark Alan Forsythe by Mark Alan Forsythe and Michele Tonya Forsythe, by Quitclaim Deed
dated February 16, 2006 and recorded among the Land Records of Washington County,
Maryland, in Liber 2968, folio 580.
I:\Documents\Engineering\Bottom Road @68 drainage project\ORD\Ordinance - for Forsythe.DOC
Open Session Item
SUBJECT: Construction Bid Award: HVAC Replacement Project, Contract No. MS-HV-253-28 PRESENTATION DATE: Tuesday, August 29, 2017 PRESENTATION BY: Scott Hobbs, P.E., Director, Division of Engineering
RECOMMENDED MOTION: Move to award the bid for the heating, ventilation, and air conditioning (HVAC) replacement project at the 80 West Baltimore Street Administrative Annex to the responsible, responsive bidder, M.S. Johnston Company of Hagerstown, MD in the amount of
$186,000.00.
REPORT-IN-BRIEF: The project was advertised in the Herald Mail, on the County’s website, and on the State of Maryland’s website, e-Maryland Marketplace. Three (3) bids were received on August 16, 2017 as listed below and on the attached bid tabulation.
Contractor: Total Bid: M.S. Johnston Company $186,000.00
Warner Mechanical $300,500.00
Denver-Elek, Inc. $390,000.00
The bids were evaluated and the low bid from M.S. Johnston Company is in order. The engineer’s estimate for this work was $175,000.
DISCUSSION: The existing HVAC system has been in the building for over 20 years and exceeded its useful life expectancy. The system is insufficient in providing the appropriate heating and cooling needs of the building. The upgrade will consist of installing new heating/cooling units with new
duct work and controls that allow for adjustment within each of the offices and zones in the building.
FISCAL IMPACT: The project will utilize available funds from the Systemic Improvements-Buildings account (BLD078) in the Capital Improvement Plan (CIP).
CONCURRENCES: Director of Public Works ALTERNATIVES: N/A
ATTACHMENTS: Bid Tabulation AUDIO/VISUAL TO BE USED: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
ITEM
DESCRIPTION NO.QTY.UNIT UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL UNIT PRICE ITEM TOTAL
HVAC Replacement 1001 1 L.S.165,000.00$ 165,000.00$ 288,000.00$ 288,000.00$ 345,000.00$ 345,000.00$
Contingent - Temporary Heating 1002 1 L.S.8,500.00$ 8,500.00$ 7,500.000$ 7,500.00$ 20,000.000$ 20,000.00$
Contingent - Temporary Cooling 1003 1 L.S.12,500.00$ 12,500.00$ 5,000.00$ 5,000.00$ 25,000.00$ 25,000.00$
186,000.00$ 300,500.00$ 390,000.00$ Total
Hagerstown, MD Frederick, MD
Denver-Elek Inc.
Baltimore, MD
M.S. Johnston Co., Inc Warner Mechanical
WASHINGTON COUNTY DIVISION OF ENGINEERING & CONSTRUCTION MANANGEMENT
BID TABULATION
80 W. Baltimore HVAC Replacement
Contract No. MS-HV-253-28
Bid Opening: August 16, 2017 at 2:00 p.m.