HomeMy WebLinkAbout231212a
John F. Barr, President
Jeffrey A. Cline, Vice President
BOARD OF COUNTY COMMISSIONERS
December 12, 2023
OPEN SESSION AGENDA
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President John F. Barr
APPROVAL OF MINUTES: December 5, 2023
9:05 AM COMMISSIONERS’ REPORTS AND COMMENTS
9:15 AM STAFF COMMENTS
9:20 AM CITIZEN PARTICIPATION
9:25 AM IAFF WAGE REOPENER
Kirk Downey, County Attorney; R. David Hays, Director, Emergency Services
9:30 AM PUBLIC HEARING – APPLICATION FOR ZONING MAP AMENDMENT RZ-23-
007
Jill Baker, Director, Planning and Zoning
9:50 AM HOTEL RENTAL TAX FUNDING REQUEST, THE HOUSE ON JONATHAN
STREET DOCUMENTARY
Rachel Souders, Director, Grant Management; Dan Spedden, Hagerstown/
Washington County Convention and Visitors Bureau (CVB), Russ Hodge, 3 Roads
Communications, Inc.
10:00 AM UPDATE TO COUNTY POLICY – UTILITY CONSTRUCTION WITHIN
COUNTY PUBLIC RIGHT OF WAY
Scott Hobbs, Director, Engineering; Greg Cartrette, Director/Code Official, Permits
and Inspections
10:05 AM CONTRACT AWARD (PUR-1623) – SMITHSBURG WWTP UPGRADES
Rick Curry, Director, Purchasing; Mark Bradshaw, Director, Environmental
Management
10:10 AM ADOPTION OF THE REVISIONS OF THE COUNTY’S PROCUREMENT
POLICIES
Rick Curry, Director, Purchasing
Wayne K. Keefer
Randall E. Wagner
Page 2 of 2
OPEN Session Agenda
December 12, 2023
Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200
Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting.
10:20 AM BUDGET AMENDMENT
Mark Bradshaw, Director, Environmental Management
10:25 AM INSURANCE RENEWAL FOR WASHINGTON COUNTY VOLUNTEER FIRE &
RESCUE ASSOCIATION BEGINNING JANUARY 1, 2024 THROUGH
DECEMBER 31, 2024
Tracy McCammon, Risk Management Coordinator, Human Resources; Patrick Buck,
CBIZ Insurance Services
10:30 AM CONTRACT AWARD (PUR-1666) CLEAR SPRING LIBRARY HOT WATER
BOILER REPLACEMENT
Andrew Eshleman, Director, Public Works; Danny Hixon, Deputy Director, Buildings,
Grounds, and Facilities
10:40 AM FORT RITCHIE REDEVELOPMENT – OUTSTANDING TAP FEES
Zachary J. Kieffer, Deputy County Attorney
10:50 AM AGRICULTURE - FACES OF FARMING PRESENTATION
Leslie Hart, Business Development Specialist, Business and Economic Development
10:55 AM 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 thereto; 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.
12:05 PM RECONVENE IN OPEN SESSION
12:05 PM SECOND STAFF COMMENTS
ADJOURNMENT
THE BOARD OF COUNTY COMMISSIONERS WILL BE ATTENDING A LUNCHEON WITH
THE WASHINGTON COUNTY DEPARTMENT OF SOCIAL SERVICES AT THE
WASHINGTON COUNTY FAMILY CENTER, 221 MCRAND COURT, HAGERSTOWN,
MARYLAND AT 1:00 P.M.
Open Session Item
SUBJECT: IAFF Wage Reopener
PRESENTATION DATE: December 12, 2023
PRESENTATION BY: Kirk Downey, County Attorney, R. David Hays, Director Emergency
Services,
RECOMMENDED MOTION: Move to approve the proposed (attached) IAFF MOU relative to
Wages and Incentives.
REPORT-IN-BRIEF: The County, as required by the IAFF Local 1605 Collective Bargaining
Agreement has remain engaged in negotiations related to wages and benefits for employees of the
Division of Emergency Services. The parties have reached a tentative agreement related the same and
have negotiated terms, that if approved, fulfill the required wage reopeners for both the FY24 and
FY25 budget years. The full contract is eligible for a reopening in FY26.
DISCUSSION: Through collective discussions, the parties agree that a modification of wages will
occur (5%) and in exchange, the addition of the 8 hours of holiday pay on each County recognized
holiday shall be discontinued. Employees would still receive 1.5 times their regular hourly rate for
each hour worked on a county holiday.
Additionally, employees would receive technician incentives (Haz-Mat; $1,000.00, Confined Space
plus one; $1,500.00, Swift Water Technician plus one; $1,500.00), provided they are appropriated
certified and remain operationally credentialed by the County in the specified disciplines.
Likewise, employees who are certified as a paramedic by the State of Maryland and remain
operational/available for assigned by DES as necessary will receive an annual incentive of five
thousand dollars ($5,000.00), payable bi-weekly. The wage modification and technician incentives
will be retroactive to July 7, 2023. The wage modification and incentives are appropriately balanced
and will help to to continue the recruitment and retention of quality employees.
FISCAL IMPACT: Approximately $218,500.00 (covered in FY24 budget)
CONCURRENCES: R. David Hays, Director, Division of Emergency Services; Michelle Gordon,
County Administrator; Kirk Downey, County Attorney, IAFF Local 1605.
ATTACHMENTS: 2023 CBA MOU Supplement
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Page 1 of 3
AGREEMENT
between
THE COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND,
and
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1605
December 12, 2023
The County Commissioners of Washington County (“Commissioners”) and Local 1605,
International Association of Fire Fighters, AFL-CIO (Local 1605) hereby enter into the
following Memorandum of Understanding (“MOU”) for the period of July 1, 2023 through June
30, 2025 (Fiscal Years 2024 and 2025). This MOU supplements the terms and conditions of the
Collective Bargaining Agreement for the period October 11, 2022 to June 30, 2025.
A. Wages
1. Effective July 8, 2023, Employees shall receive a market adjustment equal to 5% of their
base wage and the pay scale shall be revised as set forth in Exhibit A.
2. The terms of this MOU shall relieve the parties of any obligation to reopen negotiations
regarding possible changes in the pay scale on July 1, 2024, as set forth in Article 22 of
the Collective Bargaining Agreement.
B. Holiday Pay
Article 15 of the Collective Bargaining Agreement shall be amended to read as follows:
1. An employee who works on a recognized County holiday that is observed on a date
different from the actual date of the holiday (such as Christmas when it occurs on Sunday
but is observed on Monday) will be paid a premium of one and one-half times their hourly
rate for all hours worked on the actual date of the holiday. When a recognized County
holiday is observed on a date different from the actual date of the holiday, a holiday pay
premium will not be paid to employees who work on the date the holiday is observed by
the County.
2. Effective January 1, 2024, employees will no longer receive eight (8) hours of holiday pay
in addition to premium pay for hours worked on a County-recognized holiday, nor will
employees receive three (3) hours of pay in addition to premium pay for hour worked on
days where the County closes early due to a holiday.
C. Specialty Pay
1. Effective July 8, 2023, Employees covered by this Agreement who are County
Operational Medical Director endorsed Advanced Life Support (ALS) providers and
remain operationally available for assignment by the Division as necessary shall be
compensated with a Five Thousand Dollar ($5,000) annual stipend to be broken up
equally for all twenty-six (26) pay periods for maintaining certification. The stipend shall
Page 2 of 3
be payable irrespective of whether it places the Employee’s salary above the maximum
for the Employee’s grade.
2. .Effective July 8, 2023, Employees covered by this Agreement who are certified and
operationally approved by the Division as a Hazardous Materials Technician (“HMT”)
shall be compensated with a One Thousand Dollar ($1,000) annual stipend broken up
equally for all twenty-six (26) pay periods. The stipend shall be payable irrespective of
whether it places the Employee’s salary above the maximum for the Employee’s grade.
3. Effective July 8, 2023, Employees covered by this Agreement who are certified and
operationally approved by the Division as a Swift Water Technician (“SWT”) and have
one other Department-recognized and operationally approved Specialty Certification
(other than Haz-Mat or Confined Space Technician) shall be compensated with a One
Thousand, Five Hundred Dollar ($1,500) annual stipend broken up equally for all twenty-
six (26) pay periods. The stipend shall be payable irrespective of whether it places the
Employee’s salary above the maximum for the Employee’s grade.
4. Effective July 8, 2023, Employees covered by this Agreement who are certified and
operationally approved by the Division as a Confined Space Technician (“CST”) and
have one other department-recognized and operationally approved Specialty Certification
(other than Haz-Mat or Swift Water Technician) shall be compensated with a One
Thousand, Five Hundred Dollar ($1,500) annual stipend broken up equally for all twenty-
six (26) pay periods. The stipend shall be payable irrespective of whether it places the
Employee’s salary above the maximum for the Employee’s grade.
5. For purposes of this section, the recognized Specialty Certifications are:
Primary
• Haz-Mat
• Confined Space
• Swift Water Technician
Secondary
• Trench Rescue
• Rope/High Angle Rescue
• Structural Collapse
• Boat Operator
• EMS Preceptor
6. In order to be eligible for Specialty Pay under this Section, an employee must obtain all
initial certifications and meet all annual recertification requirements. The employee must
also meet Division annual competency evaluation requirements to continue receiving
Specialty Pay.
Page 3 of 3
7. An employee receiving Specialty Pay shall be eligible for re-assignment or detail at any
time based on the needs of the Division. This assignment may be temporary or
permanent, based upon ongoing operational needs.
AGREED AND ACCEPTED:
THE COUNTY COMMISSIONERS DATE:__________________________
OF WASHINGTON COUNTY, MARYLAND
By:____________________________________
John F. Barr, President
INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS, LOCAL 1605
By:______________________________
12/7/2023
Washington County Government
FY24 DES Field Staff Salary Scale Draft
1/1/2024
Grade Position 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Base + 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%
8 Batt Chief 71,885 73,682 75,529 77,426 79,373 81,370 83,416 85,513 87,660 89,856 92,102 94,399 96,770 99,191 101,662 104,208 106,804 109,475 112,220 115,016
28.80 29.52 30.26 31.02 31.80 32.60 33.42 34.26 35.12 36.00 36.90 37.82 38.77 39.74 40.73 41.75 42.79 43.86 44.96 46.08
7 Captain 66,543 68,216 69,913 71,660 73,457 75,304 77,176 79,098 81,070 83,092 85,164 87,285 89,457 91,703 93,999 96,346 98,767 101,238 103,759 106,355
26.66 27.33 28.01 28.71 29.43 30.17 30.92 31.69 32.48 33.29 34.12 34.97 35.84 36.74 37.66 38.60 39.57 40.56 41.57 42.61
6 FF/LT 61,626 63,174 64,746 66,369 68,016 69,713 71,460 73,258 75,080 76,952 78,874 80,845 82,867 84,939 87,060 89,232 91,453 93,750 96,096 98,492
24.69 25.31 25.94 26.59 27.25 27.93 28.63 29.35 30.08 30.83 31.60 32.39 33.20 34.03 34.88 35.75 36.64 37.56 38.50 39.46
5 FF-Tech 57,059 58,481 59,954 61,452 62,999 64,572 66,194 67,841 69,539 71,286 73,058 74,880 76,752 78,674 80,646 82,668 84,739 86,861 89,032 91,254
FF-PM 22.86 23.43 24.02 24.62 25.24 25.87 26.52 27.18 27.86 28.56 29.27 30.00 30.75 31.52 32.31 33.12 33.95 34.80 35.67 36.56
4 FF/FAO 52,840 54,163 55,511 56,909 58,332 59,779 61,277 62,799 64,372 65,969 67,617 69,314 71,036 72,808 74,630 76,502 78,424 80,396 82,418 84,490
21.17 21.70 22.24 22.80 23.37 23.95 24.55 25.16 25.79 26.43 27.09 27.77 28.46 29.17 29.90 30.65 31.42 32.21 33.02 33.85
3 Firefighter 48,897 50,120 51,368 52,641 53,964 55,311 56,684 58,107 59,555 61,052 62,575 64,147 65,745 67,392 69,089 70,812 72,584 74,406 76,278 78,175
19.59 20.08 20.58 21.09 21.62 22.16 22.71 23.28 23.86 24.46 25.07 25.70 26.34 27.00 27.68 28.37 29.08 29.81 30.56 31.32
2 Recruit 45,252 46,376 47,524 48,722 49,945 51,193 52,466 53,789 55,137 56,509 57,932 59,380 60,852 62,375 63,923 65,520 67,167 68,840 70,562 72,334
18.13 18.58 19.04 19.52 20.01 20.51 21.02 21.55 22.09 22.64 23.21 23.79 24.38 24.99 25.61 26.25 26.91 27.58 28.27 28.98
1 Reserved
(Future)
STEP
1 of 2
12/7/2023
Grade
8
7
6
5
4
3
2
1
21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40
+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%+ 2.5%
117,886 120,831 123,852 126,947 130,116 133,361 136,706 140,125 143,620 147,214 150,883 154,652 158,521 162,490 166,558 170,726 174,995 179,363 183,855 188,448
47.23 48.41 49.62 50.86 52.13 53.43 54.77 56.14 57.54 58.98 60.45 61.96 63.51 65.10 66.73 68.40 70.11 71.86 73.66 75.50
109,025 111,746 114,541 117,412 120,357 123,377 126,472 129,642 132,887 136,207 139,601 143,096 146,665 150,334 154,103 157,947 161,891 165,934 170,077 174,321
43.68 44.77 45.89 47.04 48.22 49.43 50.67 51.94 53.24 54.57 55.93 57.33 58.76 60.23 61.74 63.28 64.86 66.48 68.14 69.84
100,963 103,484 106,080 108,726 111,446 114,242 117,087 120,008 123,003 126,073 129,218 132,438 135,757 139,152 142,621 146,191 149,835 153,579 157,423 161,366
40.45 41.46 42.50 43.56 44.65 45.77 46.91 48.08 49.28 50.51 51.77 53.06 54.39 55.75 57.14 58.57 60.03 61.53 63.07 64.65
93,525 95,871 98,268 100,714 103,235 105,805 108,451 111,172 113,942 116,788 119,708 122,703 125,773 128,918 132,138 135,433 138,828 142,297 145,866 149,510
37.47 38.41 39.37 40.35 41.36 42.39 43.45 44.54 45.65 46.79 47.96 49.16 50.39 51.65 52.94 54.26 55.62 57.01 58.44 59.90
86,611 88,783 91,004 93,276 95,597 97,993 100,439 102,960 105,531 108,177 110,872 113,643 116,488 119,409 122,404 125,474 128,619 131,839 135,133 138,503
34.70 35.57 36.46 37.37 38.30 39.26 40.24 41.25 42.28 43.34 44.42 45.53 46.67 47.84 49.04 50.27 51.53 52.82 54.14 55.49
80,122 82,118 84,165 86,262 88,408 90,630 92,901 95,222 97,594 100,040 102,536 105,107 107,727 110,423 113,194 116,014 118,909 121,880 124,925 128,045
32.10 32.90 33.72 34.56 35.42 36.31 37.22 38.15 39.10 40.08 41.08 42.11 43.16 44.24 45.35 46.48 47.64 48.83 50.05 51.30
74,131 75,978 77,875 79,822 81,819 83,866 85,962 88,109 90,305 92,552 94,873 97,244 99,665 102,161 104,707 107,328 110,024 112,769 115,590 118,485
29.70 30.44 31.20 31.98 32.78 33.60 34.44 35.30 36.18 37.08 38.01 38.96 39.93 40.93 41.95 43.00 44.08 45.18 46.31 47.47
STEP
2 of 2
Open Session Item
SUBJECT: PUBLIC HEARING - Application for Zoning Map Amendment RZ-23-007
PRESENTATION DATE: December 12, 2023
PRESENTATION BY: Jill Baker, Director, Department of Planning and Zoning
RECOMMENDED MOTION: The purpose of this public hearing is to take public
comment on the rezoning and comprehensive Plan amendment applications. The Commissioners
may take action to approve or deny the requests or wait until a later date to deliberate.
REPORT-IN-BRIEF: Application is being made to apply the Historic Preservation Zoning
Overlay through a rezoning map amendment.
DISCUSSION: The applicants Jeffrey and Laura J. Lane Unsworth seek a map amendment for
a property located at 13215 Smithsburg Pike. The property is currently zoned Agricultural,
Rural. The current proposal seeks to apply the Historic Preservation (HP) Overlay on a 2.46 acre
portion of the total 25.52 acre tract of land. “As an overlay zone, the “HP” District imposes
additional guidelines during the construction or modification of new or existing structures on the
subject property. These criteria are in addition to the conventional underlying land use. The
“HP” overlay zone shall be in no way construed to limit or modify the permitted uses of the
underlying zone.” (Section 20.4, Washington County Zoning Ordinance)
“Since the “HP” designation is an overlay zone and the existing underlying zone will continue
to control the land use, it is not necessary to prove, during the amendment proceedings, that a
change in the character of the neighborhood or a mistake in the original zoning occurred.”
(Section 20.4(b)1., Washington County Zoning Ordinance)
The criteria for the establishment of an HP Overlay zone are enumerated in Section 20.5 of the
Zoning Ordinance. The subject property meets several of these criteria for both Historical and
Cultural Significance as well as Architectural and Design Significance.
The proposal is both compatible with the Comprehensive Plan for the County as well as the
existing and proposed development within the area.
The Historic District Commission supports this application as reviewed at their October 4, 2023
meeting. The Planning Commission held a public information meeting October 2, 2023 and
recommended the approval of the map amendment as it meets the spirit and intent of the HP
Overlay zone based upon the findings of fact listed in the Staff Report and it’s consistency with
the Comprehensive Plan.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
FISCAL IMPACT: N/A
CONCURRENCES: Washington County Planning Commission, Washington County Historic
District Commission
ALTERNATIVES: N/A
ATTACHMENTS: Application, staff report, Planning Commission recommendation, approved
Planning Commission minutes
AUDIO/VISUAL NEEDS: none
FOR PLANNING COMMISSION USE ONLY
Rezoning No.-o�iJ7
Date Aled: q -r -r �3
WASHINGTON COUNTY PLANNING COMMISSION
ZONING ORDINANCE MAP AMENDMENT APPLICATION
Jeffrey P. Unsworth
Laura J. Lane-Unsworth ❑Property Owner inContract Purchaser
Applicant ❑Attorney ❑Consultant
13215 Smithsburg Pike ❑Other:
Sminthsburg, MD. 21783
Address
Jeffrey P. Unsworth
Laura J. Lane-Unsworth Jeff - 301-730-6342 Laura - 301-730-6343
Primary Contact Phone Number
9701 Larkspur Lane 10QUaveheaddding.org
Hagerstown, MD., 21740 Lsura@brav&h...d1n9.org
Address E-mail Address
Property Location:
13215 Smithsburg Pike, Smithsburg MD., 21783
T0.aC �� o7aD�7��
0040 0001 0203 25.52
Tax Map: Grid: Parcel No.: Acreage:
Current Zoning: A(R) Requested Zoning: HP
Reason for the Request: ❑ Change in the character of the neighborhood
n Mistake in original zoning
plicant's Signature
Subscribed and sworn before me this day of - 20c13_.
My commission expires on 4-C�6'-
Notary Public
FOR PLANNING COMMISSION USE ONLY
❑ Application Form
❑ Fee Worksheet
❑ Application Fee
❑ Ownership Verification
❑ Boundary Plat (Including Metes
& Bounds)
❑ Names and Addresses of all Adjoining
& Confronting Property Owners
n Vicinity Map
❑ Justification Statement
❑ 30 copies of complete Application
Package
Washington County
rZA
WASHINGTON COUNTY PLANNING COMMISSION
ZONING ORDINANCE MAP AMENDMENT
REQUIRED APPLICATION MATERIALS CHECKLIST
All materials must be clearly labeled
(Original plus 30 copies of all materials are required)
X1. Application Form: A completed and signed application form.
NIA 2, Fee Worlcsheet and Application Few: A completed Fee Worksheet and the
Application Fee must be submitted at the time application is made. Checks must be
Xmade payable to the "Washington County Treasurer".
3.Ownership Verification: Proof of ownership interest in the subject property,
including a copy of the current deed to the property; OR, if the application is made
Xby a contract purchaser, a copy of the fully -executed Contract of Sale.
4. Boundary Plat: A boundary description, including metes and bounds, prepared
X and sealed by a land surveyor registered in the State of Maryland.
5. List of the Names and Addresses for all Adjoining and Confronting Proneriy
Owners: A list of the names and addresses, obtained from the latest property tax
assessment record, of owners of adjoining or confronting properties, improved or
unimproved, including properties separated by streets, railroads, or other rights-of-
X ways. (Must have house numbers or P.O. box numbers.)
6. Vicinity Map: An 8 lfl" x 11" page size map showing the zoning of all property
X within 1,000 feet of the site.
7. Justification Statement: A written explanation of the reasons why the map
amendment is being sought, setting forth iu sufficient detail to properly advise
County officials as to the justifications for the rezoning change. Applications for
floating zones shall include such information as required by the respective Articles
of the Ordinance. Other applications must address the following information:
a. A statement as to whether or not there is evidence of mistake in the
current zoning, and, if so, the nature of the mistake and the facts to
support the allegation.
b. A statement as to whether or not there is evidence of a substantial change
to the character of the neighborhood subsequent to the most recent
comprehensive rezoning including the nature of the change, all facts to
support the allegations, and a description of the neighborhood.
OTHER REQUIRED APPLICATION MATERIALS
A written analysis considering each of the factors set forth in Section 27.3.
1. The report and recommendations of the Planning and Zoning Commission.
2. Population change of the area of the proposed change.
3. Availability of public facilities.
4. Present and future transportation patterns in the area.
5. Compatibility with existing and proposed development of the area including
indication of neighboring sites identified by the Washington County Historic Sites
Survey and subsequent revisions or updates.
6. The relationship of the proposed change to the Adopted Plan for the County.
development analysis Plan Map and Policies.
7. Whether there was a substantial change in the character of the neighborhood
where the property is located.
8. Whether there was a mistake in the existing zoning classification.
4. Whether there has been a convincing demonstration that the proposed rezoning
would be appropriate and logical for the subject property
10. Any other material facts that support the amendment.
K
x�a
51
Q
A�A
lva
g s
]9f 1661 604031i d JET Dail rpNdW4E
7. Justification statement extracted from Maryland Historical Trust Architectural Survey
file (WA-IV-029 "Stone Field") completed by Paula Stoner in July 1978 and last updated
in March 2004.
This farmhouse is a multi -part stone dwelling, the largest section of which has a date
stone in its west end wall marked 1810. The stone is a semi -circular tablet lined with a
finely cut atone arch. This part of the house faces south.
Extending to the north from the main section is a one and a half story three bay stone
cabin built directly over a large spring which emerges into a pond behind the house.
This structure predates the main section and was probably built during the late 18th
century and known traditionally as "Peter Mong's Cabin".
Extending to the east of the main section is a long, one and a half -story five bay wing
which, itself, was built in two parts. These may date from two separate times after
the 1810 main section.
The 18th century section of the house features batten doors with long strap hinges.
The 1810 main section also has doors hung on long strap hinges. An upstairs mantel
shows the Federal period influence with stop -flutes in a swag design and reeded
pilasters. The main stair is located in the southeast corner of the 1810 house and is
built along the front wall across the first story window. This type of stair construction has
been found in a number of Ca. 1800 house in the northeastern part of the County. Most
windows have nine over six pane sashes.
South of the house sits a large atone bank barn with a date tablet similar to that on the
1810 section. It would appear to be contemporary with that part of the house.
This farmstead is an important example of vernacular stone construction and also
shows the preference among early builders to put their dwellings over a spring of water.
The architectural history of this house is complex but illustrates of traditional building in
the area. Apparently, it was a homestead of the Mong family who were of German
descent and who came to the area from Pennsylvania.
r
;Washington County
DEPARTMENT OF PLANNING & ZONING
COMPREHENSIVE PLANNING I LAND PRESERVATION I FOREST CONSERVATION I GIS
September 2023
Application for Map Amendment
Staff Report and Analysis
Property Owner(s)
Applicant(s)
Location
Election District
Comprehensive Plan
Designation ;
Zoning Map
David Forcino
Jeffrey Unsworth
13215 Smithsburg Pike, Smithsburg
#7 - Smithsburg
Agriculture
40
Case #: RZ-23-007
Parcel(s) P. 203
Acreage 25.5 acres
Existing Zoning Agricultural Rural (AR)
Requested Zoning: Agricultural Rural (AR) with Historic Preservation (HP)
Overlay
Date of Meeting October 2, 2023
Location and Physical Features
This parcel is located approximately .4 miles south of the intersection of Rowe Road and
Smithsburg Pike (State Route 64) on the East side of Smithsburg Pike. The property is .15 miles
north of the Smithsburg Town Growth Area. The property contains a multi -part farm complex that
includes a stone dwelling, stone bank barn and brick smokehouse.
The dwelling's main portion is 2-story stone construction with a date stone of 1810 in the
west end wall. Extending to the north of the main portion, is a 1 Y2-story three bay stone cabin built
over a large spring. This spring emerges into a large stone walled pond behind the house. According
to the Maryland Inventory of Historic Properties (MIBP) documentation, it is estimated this
northern portion was built in the late 18th century and was traditionally known or associated with
"Peter Mong's Cabin".
There is also a stone portion extending east of the main portion that is 1 '/2-story five bay
wing that was built in 2 stages. The MII-IP for this property estimates these additions were built
after the 1810 main section. The dwelling also retains nine over six wood window sashes through
the majority. There is one 30 pane window on the rear of the main portion of the stone dwelling.
The property has had some alteration over time in roofing, chimneys, and porches, however, the
majority of the dwellings stone work and its openings remain intact. The interior while also seeing
100 West Washington Street, Suite 26001 Hagerstown, MD 21740 I P: 240.313.2430 IF: 240.313.24311 TDD: 7-1-1
WWW.WASHCO-MD.NET
RZ-23-007 —Jeffery Unsworth
Page 2 of 7
September 2023
some alteration over time retains batten doors with long strap hinges in several sections of the
dwelling. The interior configuration of the front stairway built across the first story window is,
according to the MIHP, a common construction found in Ca. 1800 houses in northeastern parts of
the County.
The stone bank barn has had some alteration to the cantilevered portion over time, but the
stone portion remains intact. The brick smokehouse is a small square construction with pyramidal
roof.
Some modern buildings have been added to the site over time including a 4-bay concrete
block garage and other buildings associated with the property's agricultural operations. The
proposed boundary of the rezoning does include some modern structures to ensure the full
farmstead is encapsulated but the inclusion of these buildings was minimized to the extent
practicable.
The structure being constructed over a spring adjacent to Tictum Run means there are
environmental factors to the property. A portion of the property, including the home, is located in
FEMA Flood Zone A FIRM Panel No. 24043C0165D, Effective Date August 14, 2017. Areas to
the north, including the stone wall pond and the area which slopes gently down toward Tictum Run
are identified as wetland on State or Federal inventories. The property is also within an area known
to have State Listed Sensitive Species.
Relationship of the Pro osed Change to the Adopted Plan for the Coun
The purpose of a Comprehensive Plan is to evaluate the needs of the community and balance
the different types of growth to create a harmony between different land uses. In general, this is
accomplished through evaluation of existing conditions, projections of future conditions, and
creation of a generalized land use plan that promotes compatibility while maintaining the health,
safety, and welfare of the general public.
The requested HP zoning does not control land use or densities which are the subjects of
many Comprehensive Plan recommendations. The Plan does, however, contain policies for many
other broad subjects. The continued identification, promotion and preservation of historic properties
is one of them.
The Comprehensive Plan promotes historic preservation as an economic development tool,
as a way to create and expand the housing stock, an avenue to the retention of the desirable but
intangible historic rural character and as a way to address individual property owner's needs. The
continued application of the Historic Preservation zone meets those goals and is consistent with the
Comprehensive Plan. Since the applicant has voluntarily requested that the zone and its related
standards be applied to the property, it is assumed to be consistent with their plans for the continued
use, restoration and preservation of the property.
Compatibility with Existing and Proposed Development in the Area
RZ-23-007 --Jeffery Unsworth
Page 3 of 7
September 2023
The rezoning site and the uses thereon appear to exist cohesively with adjoining properties
and the area in general. The house and its related agricultural buildings and land use have existed
in the area since the 18th century. Surrounding development is predominantly agricultural with a
scattering of newer residential development, The subject parcel was originally part of a larger 200
+/- acre piece until the mid-20th century where it slowly decreased in size due to out -conveyances.
The property has long been split by/bordering what is now MD64/Smithsburg Pike.
The HP zoning does not regulate land uses or density. Existing use patterns on and off site
are likely to continue and must comply with current zoning regulations. If changes in use are
anticipated by the owners or on adjacent properties, the HP zone will not encourage or prevent
them.
The zone is designed to govern changes to the exterior appearance of the historic structures.
Adjacent property owner should expect to see the current buildings appearance remain or improve.
When following HP zone guidelines, it is the intent and expectation that the historical character
defining features of the structure will be retained and preserved, If changes or additions are
proposed to the exterior of the structure, they will be scrutinized by the Historic District
Commission using predetermined standards. The intent is to insure consistency and harmony with
the current historical- appearance and fabric. The applicability of the HP zone requirements do not
spillover onto adjacent properties.
Inclusion in the HP zone is a prerequisite for historic preservation property tax credits.
Washington County adopted an ordinance in 1991 that allows credits of an amount spent on addition
to, or restoration of, historic structures located in the HP zone. Improvements must be determined
to be consistent with those same predetermined standards used by the Historic District Commission.
The site contains structures identified on the Maryland Inventory of Historic Properties
(MIHP) for Washington County as site WA-IV-029 and referred to as "Stone Field". Both the 1877
An Illustrated Atlas of Washington County and the 1859 Taggert Map Exhibiting the Faims,
Election Districts of Washington County, MD refer to the property's association to the Rohrer
family who owned the property for 100+ years. The MIHP also references "Peter Mong's Cabin"
who owned the property prior to the Rohrer's who purchased it from Mong in the 1827, When State
Highway MD64 was widened, a project plat (attached to this report, #18551) does show a log and
clapboard building directly across the road to the west, similar to the 1877 map configuration of
buildings. It's possible this structure, no longer existing nor part of this property today, is the
"Cabin" referenced colloquially. The MIHP places significance of the property in its architecture
and its association with agriculture, significant themes in Washington County's heritage. The
survey form and map excerpts are attached to this report as part of the application materials.
Within an approximate 1-mile radius, there are more than 20 other sites identified in the
MIHP including:
Site
Century
Category
IV008
19
BUILDING
IV004
19
BUILDING
IV029
18
BUILDING
Common Name
WFLTYS CHURCH OF THE BRETHERN
MONG-LININGER FARM
STONE FIELD
RZ-23-007—Jeffery Unsworth
Page 4 of 7
September 2023
IV031
19
BUILDING
IV030
19
BUILDING
IV032
19
BUILDING
IV012
19
BUILDING
ST PAULS LUTHERAN CHURCH
IV043
19
BUILDING
WD BROMLEY ORCHARD
IV034
19
BUILDING
IV052
18
BUILDING
STOUFFER FARM
IV049
20
BUILDING
KRETSINGER FARM
IV045
19
BUILDING
IV044
19
BUILDING
IV085
19
BUILDING
IV064
19
BUILDING
ROWE HOUSE
IV063
19
BUILDING
IV062
19
BUILDING
GARVERS MILL SITE
IV058
19
BUILDING
IV041
19
BUILDING
IV040
19
BUILDING
IV025
19
BUILDING
IV024
19
BUILDING
GARDENOUR ORCHARDS, INC.
111124
0
BUILDING
CHANEYS LOT, CHANEYS LUCK
IV267
20
STRUCTURE
BRIDGE 2601
IV268
0
BUILDING
It should be noted this rezoning site is the only 18th Century example in the 1-mile radius
and one of less than 250 remaining 18th Century sites on the County's MIHP as it currently is
documented.
Change, Mistake and the HP Zone Criteria
Zoning map amendments, when not part of a comprehensive rezoning undertaken by the
governing body, are usually under an obligation to meet the change or mistake test. It must be
shown that there has been a change in the character of the neighborhood where the request for
rezoning is located or that there was a mistake in the original zoning. The Historic Preservation
Overlay is NOT subjected to that test. Instead, the text of the zone contains 11 specific criteria.
Meeting any one of these criteria would make a site eligible to receive the HP Overlay,
The Washington County Zoning Ordinance discusses the establishment of the IIP Overlay
and excerpts are provided that elaborate on the purpose and the change or mistake issue.
"The "HP" District is an overlay zone that indicates the presence of an historic site,
structure or district, which has been or will be judged to be of significance to the heritage
of Washington County. The overlay zone is also a mechanism to monitor and regulate
building activities in the "HP" District. As an overlay zone, the "HP" District imposes
additional guidelines during the construction or modification of new or existing structures
on the subject property. These criteria are in addition to the conventional underlying land
RZ-23-007 — Jeffery Unsworth
Page 5 of 7
September 2023
use zone. The "HP" overlay zone shall be in no vi ay construed to limit or modify the
permitted uses of the underlying zone. " (Section 20.4, Washington County Zoning
Ordinance)
"Since the "HP" designation is an overlay zone and the existing underlying zone will
continue to control the land use, it is not necessary to prove, during the amendment
proceedings, that a change in the character of the neighborhood or a mistake in the original
zoning has occurred. " (Section 20.4 (b)l ., Washington County Zoning Ordinance)
The criteria for the establishment of an HP Overlay zone are enumerated in Section 20.5
and are listed below:
(a) If the Historic Resource meets any of the criteria noted below or if it is listed in either
the Maryland Historical Trust's Inventory of Historic Sites or the National Register of
Historic Places, it may be classified as an historic structure, site or district.
(b) Historical and Cultural Significance
1. The historic resource should have significant character, interest, or value as part
of the development, heritage, or cultural characteristics of the county, state, or
nation;
2. The historic resource could be the site of a significant historic event;
3. The historic resource should be identified with a person or a group of persons who
influenced society; or
4. The historic resource exemplifies the cultural, economic, social, political, or
historic heritage of the County and its communities.
(c) Architectural and Design Significance
1. The historic resource embodies the distinctive characteristics of a type, period, or
method of construction or architecture;
2. The historic resource represents the work of a master artisan, architect or builder;
3. The historic resource possesses high artistic value;
4. The historic resource represents a significant and distinguishable entity whose
components may lack individual distinction;
5. The historic resource represents an established and familiar visual feature of the
neighborhood, community, or County, due to its singular physical characteristics,
landscape or historical event.
6. The historic resource is the only example ever existing or remaining of a particular
period, style, and material or construction technique.
Staff Analysis and Recommendation:
The applicant provided the M1HP documentation and references that highlight their
justification and eligibility of the site for the HP Overlay. The existing documentation supports the
resources on the property having significant character in the development and heritage of the
County. The site is also identified with both the Rohrer and the Mong families who influenced the
County's development. The Mong family, being of German descent and settling in the County, and
RZ-23-007 —Jeffery Unsworth
Page 6 of 7
September 2023
having developed this site originally, means it is an example of the County's historic heritage and
its communities. The documentation also indicates that this property retains distinctive
characteristics of local architecture for its stone construction and use of environmental features on
the property being built over the spring. It is one of a few remaining examples of stone architecture
within the County's existing resources.
It is expected that the applicant will provide additional supporting documentation during or
following the public hearing as it becomes available.
The property and structures meet several of the criteria specified in the Zoning Ordinance
for the establishment of the HP Overlay including those in bold/underline below:
(a) If the Historic Resource meets any of the criteria noted below or if it is listed in either
the Maryland Historical Trust's Inventory of Historic Sites or the National Register of Historic
Places, it may be classified as an historic structure, site or district.
(b) Historical and Cultural Significance
1. The historic resource should have sienificant character, interest, or value as
part of the development, heritage, or cultural characteristics of the county,
state, or nation;
2. The historic resource could be the site of a significant historic event;
3. The historic resource should be identified with a person or a group of persons
who influenced society; or
4. The historic resource exemplifies the cultural, economic, social, political, or
historic heritage of the County and its communities.
(e) Architectural and Design Significance
1. The historic resource embodies the distinctive characteristics of a type,
period, or method of construction or architecture;
2. The historic resource represents the work of a master artisan, architect or builder;
3. The historic resource possesses high artistic value;
4. The historic resource represents a significant and distinguishable entity whose
components may lack individual distinction;
5. The historic resource represents an established and familiar visual feature of
the neighborhood, community, or County, due to its singular physical
characteristics, landscape or historical event.
6. The historic resource is the only example ever existing or remaining of a particular
period, style, and material or construction technique.
It should also be noted, that the Historic Preservation Overlay zoning designation will
support the retention, to the extent practicable, of the buildings distinctive characteristics that might
otherwise be required to be removed, upgraded, or altered to comply with building code or
Floodplain Ordinance requirements.
RZ-23-007—Jeffery Unsworth
Page 7 of 7
September 2023
Based on the information presented and analysis prior to any input from a public meeting
or hearing, the Planning staff recommends approval of the application to apply the Historic
Preservation Overlay zone as requested.
Respectfully submitted,
Se . .
Al'I Baker, AICP
Director
Attachments:
I . 1877 An Illustrated Atlas of Washington County (excerpt)
2. 1859 Taggert Map Exhibiting the Fauns, Election Districts of Washington County, MD
(excerpt)
3. Staff Deed Chain
4. MIIiP WA-IV-029
5. 2019 Aerial Image with HP Overlay detail
6. MD 64 Widening Plat 18551
7. Property Pictures
1859 Taggert Map Exhibiting the Farms, Election Districts Washington County, Excerpted, with Rohrer highlighted
1877 An Illustrated Atlas of Washington County, Excerpted
From To Year Notes
Jacqueline Ruth Kelly & Judith Cochran Carlberg David Forcino 1997 25.5 acres
Jacqueline Ruth Kelly Jacqueline Ruth Kelly & Judith Carlberg 1993 25.5 acres
Joanne Burch Senall Jacqueline Ruth Kelly 1988
Elwood and Joanne Hauver Joanne Burch Senall 1985
Elvin & Winnie Gelvin Elwood and Joanne Hauver 1962
32.4 acres p/o 2 pieces (Gelvins owned it during
widening of Smithburg Pike)
From To Reference Year Notes
Roy C. Smith Elvin and Winnie Gelvin 320/595 1957 (this piece is only a small portion of the property on the E/S)
Nick Dattalio Roy Smith 232/571 1945
Peter McNeal Nick Dattalio 182/428 1929
Millard Sowers Peter McNeal 180/303 1928
Herbert and Bertha Sowers Millard Sowers 177/481 1927
Earl Whitmore
Herbert and Bertha
Sowers 173/83 1925
Lancelot Jacques Sr. and Alice B E. Earl Whitmore 162/263 1922
Josiah J. Brown Lancelot Jacques 160/127 1921
Calvin Spielman and Alice B Josiah Brown 94/74 1889 67 acres
Rudolph Spielman Alice B. and Calvin 86/87 1884
Samual Welty (Sarah and Jacob Good)Rudolph Spielman 75/573 1877
E. Tracy Bishop and Mary L. Bishop Samuel Welty LBN2/575 1868
Michael Grose E. T. Bishop LBN2/546 1868
David Fessler Michael Grose W/611 1811 "Not at Home"
Joseph Latshaw David Fessler S/952 1807
John Funk Joseph Latshaw P/78 1803
Jacob Shank John Funk H/612 1794
Jacob Thomas Jacob Shank F/24 1788
??Jacob Thomas ?
Deed Chain – Existing Piece (from 2 sources)
Deed Chain – Gelvin 1 – only a small portion on e/s of property
From To Date
Elvin and Winnie Gelvin 1951
Ralph and Hattie Blickenstaff 1944
Robert and Edna McCauley 1935
1918
Aaron F. Rohrer 1915
208 and 8 acre
John H. Rohrer, Aaron F. Rohrer, and Mary H. Rohrer 1889
John H. Rohrer, Aaron f. Rohrer, Emma M. Rohrer
(Boteler) and Mary H. Rohrer 1883
1883
1883
wf. And Christian Bear (Baer)
heirs of Joseph E. Rohrer incl Elizabeth Rohrer
(Joesephs widow), Sarah Saylor, John H. Rohrer,
Emma Rohrer, Joseph E. Roher, Mary Rohrer, Aaron
F. Rohrer 1877 perches w/improvements
Deed Chain – Gelvin 2 – main portion of the existing
From To Reference Date
1827
1814 at this time
1814
1811
1811
1807
Mong 1807
1807
Mong 1805
1805
1805 Tictum Run and called "Stoney Valley"
Deed Chain – Rohrers and Mongs
WA-IV-029
Stone Field
Architectural Survey File
This is the architectural survey file for this MIHP record. The survey file is organized reverse-
chronological (that is, with the latest material on top). It contains all MIHP inventory forms, National
Register nomination forms, determinations of eligibility (DOE) forms, and accompanying documentation
such as photographs and maps.
Users should be aware that additional undigitized material about this property may be found in on-site
architectural reports, copies of HABS/HAER or other documentation, drawings, and the “vertical files” at
the MHT Library in Crownsville. The vertical files may include newspaper clippings, field notes, draft
versions of forms and architectural reports, photographs, maps, and drawings. Researchers who need a
thorough understanding of this property should plan to visit the MHT Library as part of their research
project; look at the MHT web site (mht.maryland.gov) for details about how to make an appointment.
All material is property of the Maryland Historical Trust.
Last Updated: 03-12-2004
WA•IV-029
District 7
MARYLAND HISTORICAL TRUST ::c: 203
MAGI I 221~~5 235
INVENTORY FORM FOR STATE HISTORIC SITES SURVEY
.NAME
HISTORIC
ANO/OR COMMON
"Stone Field"
llLOCATION
STREET & NUMBER
Route f 6 4 near Welty Church Road
<;ITV. TOWN CONGRESSIONAL DISTRICT
A VICINITY OF Slll:ithaburg · 6
STATE
Merylmd
DcLASSIFICATION
CATEGORY OWNERSHIP STATUS
_DISTRICT _PUBLIC JLocCUPIEO
x~BUILDING(S) x_PRIVATE _UNOCCUPIED
_STRUCTURE _BOTH _WORK IN PROGRESS
_SITE PUBLIC ACQUISITION ACCESSIBLE
•_OBJECT _IN PROCESS
_BEING CONSIDERED
DOWNER OF PROPERTY
NAME
Mr. and Mrs. Elwood Hauver
STREET & NUMBER
Route I 3, 'Box 39
CITY. TOWN
_YES: RESTRICTED
_YES: UNRESTRICTED
LNO
9nithsburg _ VICINITY OF
llLOCATION OF LEGAL DESCRIPTION
COURTHOUSE
REGISTRY OF DEEDS, ETC Waahington County Court Houae
STREET & NUMBER
Weat Waahington Street
CITY. TOWN
Hyeratovn
lfl REPRESENTATION IN EXISTING SURVEYS
TITLE
DATE
, 1. COUNTY
W•eb'naten
PRESENT USE
!AGRICULTURE _MUSEUM
_COMMERCIAL _PARK
_EDUCATIONAL X_PRIVATE RESIDENCE
_ENTERTAINMENT _RELIGIOUS
_GOVERNMENT
_INOUSTRIAL
_MILITARY
Telephone #:
_SCIENTIFIC
_TRANSPORTATION
_OTHER
STATE' zip code
Maryland 21713
Liber #: 381
Folio #: 024
STATE
Maryland 21740
_FEDERAL -STATE _COUNTY _LOCAL
DEPOSITORY FOR
SURVEY RECORDS
CITY. TOWN STATE
B DESCRIPTION
JlEXCELLENT
-GOOD
_FAIR
CONDITION
_DETERIORATED
_RUINS
_ UNEXPOSED
CHECK ONE
-UNALTERED
X___ALTERED < 5()"4
CHECK ONE
X.-ORIGINAL SITE
_MOVEO DATE __ _
DESCRIBE THE PRESENT AND ORIGINAL (IF KNOWN) PHYSICAL APPEARANCE
'nlia farmhouse ia a multi-part atone dwelling, the largest section of which baa a elate
atone in ita west end wall marked 1810. 'nle atone ia a ••i circular tablet lined with a
finely cut atone arch. 'l'hia part of the house faces south.
Extending to the north from the main section ia a one al a half atcr y three bay atone
cabin built directly over a large apring which __.gea into a pond behind the house. '111is
structure predatea the -in aection probably waa built during the late 18th century and is
known traditionally aa "Peter li>ng'• Cabin".
Extending to the eaat of the main aaction ia a long, one and a half atory five bay wing
which, itaelf, waa built 1n two parts. 'l'beae 1l&Y Ute fraa two separate tiaea from after
the 1810 main section.
'nle 18th century section of the house features batten doora·vith long atrap hingea.
The 1810 main section alao baa doors hung on long atrap hinges. An upataira mantel sbr
the Federal period influence with atop•flutea in a swag deaign and reeded pilasters. \ _,,
main stair is located in the southeast corns of the 1810 house and ia built along the front
wall acroaa the firat story vinclov. This tJPe of stair construction baa been found in a
number of ea. 1800 housea in the northeastern part of the County.
Moat windows have nine over aix pane sashes.
South of the house ia a large atone bank barn with a date tablet similar to that on the
1810 section. It would appear to be contemporary with that part of the house.
CONTINUE ON SEPARATE SHEET IF NECESSARY
. ...
II SIGNIFICANCE
PERIOD AREAS OF SIGNIFICANCE --CHECK AND JUSTIFY BELOW
_PREHISTORIC
_1400-1499
-_ 1 500-1 599
_1600-1699
x_ 1 700-1 799
x_ 1800-1899
_1900-
--ARCHEOLOGY-PREHISTORIC
--ARCHEOLOGY-HISTORIC
LGRICULTURE
LRCHITECTURE
__ART
_COMMERCE
_COMMUNICATIONS
_COMMUNITY PLANNING
_CONSERVATION
_ECONOMICS
_EDUCATION
_ENGINEERING
_EXP LORA Tl ON/SETTLEMENT
_INDUSTRY
_INVENTION
_LANDSCAPE ARCHITECTURE _RELIGION
_LAW _SCIENCE
_LITERATURE. - --- - - --~SCULPTURE
_MILITARY _SOCIAUHUMANITARIAN
_MUSIC _THEATER
_PHILOSOPHY _TRANSPORTATION
_POLITICS/GOVERNMENT _OTHER (SPECIFY!
SPECIFIC DATES 1810 (Main Section) BUILDER/ARCHITECT
STATEMENT OF SIGNIFICANCE
Thi• farmstead is an important example of vernacular stone construction and also ahowa the
preference among early build_.• tso put their dwelling• over a spring of water. The archi•
tectural hiatory of thi• house i• ca.plex but illuetrathe of traditional building in the
area. Apparently it was a hameateacl of the Mong family were of German descent and who came
to the area from Pennaylvania.
CONTINUE ON SEPARATE SHEET IF NECESSARY
IJMAJOR BIBLIOGRAPHICAL REFERENCES
Potqys Vallv Atchitcqt., May/June 1968.
CONTINUE ON SE~ARATE SHEET If NECESSARY
l!IJGEOGRAPHICAL DATA
ACREAGE OF NOMINATEO PROPERTY ___ 2_6_._7_5_acr __ 88_
VERBAL BOUNDARY DESCRIPTION
LIST ALL STATES AND COUNTIES FOR PROPERTIES OVERLAPPING STATE OR COUNTY BOUNDARIES
STATE
STATE
mFORM PREPARED BY
NAME I TITLE
Paula Stoner, Architectural Historian
ORGANIZATION
Preservation Aaaociatea
STREET & NUMBER
109 West Main Street. lox 202
CITY OR TOWN
Sharp a burg
COUNTY
COUNTY
DATE
July 1978
TELEPHONE
301-432-5466
STATE
~land 21782
The Maryland Historic Sites Inventory was officially created
by an Act of the Maryland Legislature, to be found in the
Annotated Code of Maryland, Article 41, Section 181 KA,
1974 Supplement.
The Survey and Inventory are being prepared for information
and record purposes only and do not constitute any infringe
ment of individual property rights.
RETURN TO: Maryland Historical Trust
The Shaw House, 21 State Circle
Annapolis, Maryland 21401
( 301) 267-1438
PS· 1108
r t t �( Greensburg Silo ♦ / / °
ol
Ivi
I C / •
rl
SPA
71, //C
if
jI
46
/
i x , n•
p ;
1 1�.. / I /�� r � /• � i, ..:]I \y; K ,:.�rr��' .]fir, .f �� ;�! i //,//�/�'•"('--
t Ili '�I :c / 8r -;,`Q '.+`\ `�� ': ,•<--!� b0 � �. �'\ / r —
Vi
L-2-C1037
/ f t ./ r t,e� � ! f //� ' ! 1 / / J. ,'/i /�3 �\� ��--� � B2B ic� • � N f %i . �/ ! � / / �/ /� ; / � j/�
•� .t �� 1 � (J S ( ;�/_ - I,.I," �, /..'ice -i—.--�-: �:::.ea: ,, % .� ��','.\ � 1
;� ' lad I ��., ` �_ � ,, �,'
w4-i11. 029
Sw
/\/ov !f1G
•"Stone Field••
Rt. 64 near Welty Church Road
Snitheburg Vicinity
1 7.
11 K 0 1- -,-
/c!l-1(' c:"'7'
N.t
Ai:Jl' !tl1l
"Stone Pield"
Rt. 64 near Welty Church Road
9nithaburg
R f
•� i1 • r
� Y
� r
� R k-'
' �a1
_ �
�� �--
. �-
.� � _
�:
0 Stone Pield"
Rt. 64 near Welty Church Road
Stnith•burg Vicinity
""' t..ONSUL AN
Hl'i "
4M,
Misr:,
A%w
I'llo
I { ¥/ /tJ (J2 ti
/\/, (,{)
A ~?l' /i It
"Stone Field ..
Rt. 64 near Welty Church Road
&nithsburg
r� •
.. - III !� �•'�
, r '
1\/ { ,<)
~ /l 'J 'l ..
"Stone Field"
Rt. 64 near Welty Church Road
S:nith•burg Vicinity
H Ii •
LL.
. luA-?T" 029
A(
~lov. 1(/76
0 Stone Pield"
Rt. 64 near Welty Church Road
~thtlburg Vic1.nity
~I 111111
I u1l ~ v l 1i. 'i'
I ~ /\I l .J{) /ll
"stone Pield0
Rt. 64 near Welty Church Road
Smithsburg Vicinity
~tR I. llEY
•N \il A. 1 -~>41M rnh
tllSlORl\..AI.. '>Ira .,uRVFY
wil w 01r
~~U.tJU~f_... A/ ()J
A/.Jv 1f/1t
"Stone Field 11
Rt. 64 near Welty Chlrch Road
Snith•burg Vicinity
13215 Sm ithsbu rg Pike
aced by the Washngton Counrr .,eparr Tha panel llne> shown on thn map are tlenved from a vanery of sources which have The. pw,
::n�: .�..i l.,, i:.-,�.�y:•-"i, „se OnN IIA not for geroraldmbu,n•:. I. the pub•:...::a I —Id 100 accurecy standards.Thepanelbnesareappmaimateand for informational purposes ONLY Th,.
nM be t<>IW te roped. Arty modifications or charges to Th., map arc won6tea swtnout the an, not guaranteed by Washington Co-y M.,O nd or the Maryland Department of
mitten appa+al of the . ' it [ p:utmenT GIS Sources of the data contained Assossments and Taeanom to be free of errors mcludng n s of om--. comm,ss,on,
om vu,ous DuMic age may ha""'
nanctrom or dxla,men positional accuracy o any attrobutes aasocutrd wrth real property They shall not be caged,
0 Parcels 0 RZ-23-007 Feet eproducedor s d Planled a a Zon,houtihnmpress print to DOESMe, NOT
Washing on
County Maryland Plan and Iomng Departmem. This data DOES NOT replace an ac<wate
1 inch equals 100 feet su vey by a licerssad p ofessional and m o m>non shall 6e verified v ing the vlevant deeds,
Roads plats and other recorded legal documents by The user.
St
a
t
e
H
i
g
h
w
a
y
A
d
m
i
n
i
s
t
r
a
t
i
o
n
(
S
t
a
t
e
R
o
a
d
P
l
a
t
s
)
W
-
4
4
8
-
0
0
9
-
6
2
0
P
l
a
t
1
8
5
5
1
,
M
S
A
_
S
1
6
2
4
_
1
8
5
5
1
.
D
a
t
e
a
v
a
i
l
a
b
l
e
4
/
2
2
/
1
9
5
9
.
P
r
i
n
t
e
d
0
9
/
1
2
/
2
0
2
3
.
1Bank Barn, facing west
2Bank Barn, facing west, windows and venting with metal straps
3Bank Barn, facing north west, southeast corner
4Bank Barn, facing north, entrance
5Bank Barn, facing east, Old Smithsburg Pike side
Bank Barn, facing east, Old Smithsburg Pike side, ruin adjacent to
barn, unknown use
6Bank Barn, facing southeast, showing opening between barn and
ruin, metal windows in barn
7
Bank Barn, facing west, toward Old Smithsburg Pike, showing tie in from ruin to bank barn and opening into
the bank barn on its southside
8
Bank Barn, interior, east wall, venting and timbers with opening
9
Bank Barn, interior, roof, trusses
10
Bank Barn, interior, west wall, vinyl exterior covering intact wood
siding
11
Bank Barn, interior of doors on the southside, (bank access) of barn
12
Dwelling, facing north
13Dwelling, facing north, wood window detail and front door
14
Dwelling, facing east, note inset with date 1810
15Dwelling, to rear, facing east Dwelling, to rear, facing south, end wall
16Dwelling, to rear, facing southwest, kitchen 30 paneDwelling, to rear, facing south
17Dwelling, facing north
18Dwelling, facing north, door and masonry detail
19Smokehouse, facing north, pyramidal roof wood shingle and entrance
20
Smokehouse, facing south, rear and west side of
structure
Smokehouse, facing north, brickwork detail to left
side of entrance door
21
Smokehouse, interior
22
Walled Pond, facing west toward
Smithsburg Pike
Walled Pond, facing west toward
Smithsburg Pike
23
Walled Pond, facing west, steps on north
east side
Walled Pond, facing north east, steps and
collapsed portion
a
24
Walled Pond, facing southeast, showing spring under structure and pipe previously used by Town of
Smithsburg
Y * Y
F Y
rt i
t Washington
i
M A R Y L A N D
DEPARTMENT OF PLANNING & ZONING
PLANNING I ZONING I LAND PRESERVATION I FOREST CONSERVATION I GIS
October 4, 2023 RZ-23-007
APPLICATION FOR MAP AMENDMENT
PLANNING COMMISSION RECOMMENDATION
Property Owner(s)
David C. Forcino
Applicant(s)
Jeffrey Unsworth
Location
13215 Smithsburg Pike
Election District :
#7 — Smithsburg
Comprehensive Plan
Designation
Agriculture
Zoning Map
40
Parcel(s)
P. 203
Acreage
2.46 acres
Existing Zoning
A(R) — Agricultural Rural
Requested Zoning
A(R)/HP — Agricultural Rural with Historic Preservation overlay
Date of Meeting:
October 2, 2023
RECOMMENDATION
The Washington County Planning Commission held a rezoning public input meeting on October 2, 2023
for the purpose of considering a map amendment for 2.46 acres of land located at 13215 Smithsburg
Pike. The applicant is requesting the application of the Historic Preservation overlay zone on a portion of
property currently zoned Agricultural Rural.
The Planning Commission considered the application and supporting documents, oral testimony from the
applicants, public comments from interested parties and the Staff Report and Analysis. The Planning
Commission then took action to recommend to the Board of County Commissioners approval of the map
amendment (RZ-23-007) because the request meets the spirit and intent of the HP overlay zone based
upon the findings of fact listed in the Staff Report and consistency with the Comprehensive Plan.
Copies of the application packet and Staff Report and Analysis are attached.
Respectfully submitted,
Ji eLBaker, AICP
JLB//dse Director, Washington County Dept. of
Planning & Zoning
Attachments
cc: Kirk Downey
100 West Washington Street, Suite 2600 1 Hagerstown, MD 21740 1 11: 240.313,2430 1 F: 240.313.24311 l'DII: 7-1-1
I
WWW.WASHCO-MD.NET
These minutes have been approved and are awaiting signature.
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING
October 2, 2023
The Washington County Planning Commission held its regular monthly meeting on Monday, October 2,
2023 at 7:00 p.m. at the Washington County Administrative Complex, 100 W. Washington Street, Room
2000, Hagerstown, MD.
CALL TO ORDER AND ROLL CALL
The Chairman called the meeting to order at 7:00 pm.
Planning Commission members present were: Clint Wiley, Chairman, David Kline, BJ Goetz, Denny
Reeder, Terrie Shank, Jeff Semler, and Ex-officio County Commissioner Randy Wagner. Staff members
present were: Washington County Department of Planning & Zoning: Jill Baker, Director; Jennifer Kinzer,
Deputy Director; Meghan Jenkins, GIS Coordinator; and Debra Eckard, Administrative Assistant.
PUBLIC INPUT MEETING
Jeffrey and Laura Unsworth [RZ-23-007]
Staff Presentation
Ms. Baker presented a proposed map amendment application for property located at 13215 Smithsburg
Pike. The applicant is requesting the Historic Preservation overlay for property currently zoned A(R) –
Agricultural Rural. The overlay imposes different types of regulation and guidelines for new construction
and modifications of existing structures located on the property as it relates to historic preservation. Ms.
Baker noted that only a portion of the property around the existing structures is being proposed for the
overlay. Structures include a stone dwelling, a stone bank barn and a brick smoke house. The property is
listed on the Maryland Inventory of Historic Places (MIHP). One unique feature of the property is the
house is located over a spring in the basement of the home, which is associated with a nearby stream.
Environmental features associated with the spring include flood plain, wetlands, and state endangered
species habitats.
Ms. Baker stated that this request is consistent with policies of the County’s adopted Comprehensive Plan
based on plans for the continued use, restoration and preservation of the property. The HP overlay can
assist the owners in restoring a portion of the dwelling structure which is located within the flood plain.
The property is surrounded by agricultural uses with a scattering of residential development; there are
approximately 20 historic sites located within one mile of this property.
Ms. Baker noted that in order to evaluate the appropriateness of the zoning, specific criteria must be
considered as listed in Section 20.5 of the Washington County Zoning Ordinance. Criteria includes, but is
not limited to: the historic resource being listed in the MIHP or National Register of Historic Places; cultural
or historic significance; and architectural or design significance.
Based on the information provided by the applicant and the analysis completed, staff is recommending
approval of the request. The application was reviewed by the Historic District Commission who
unanimously supported this request; one public comment was received that also supported the request.
Applicant’s Presentation
Mr. Jeffrey Unsworth and Laura Lane-Unsworth, 9701 Larkspur Lane, Hagerstown, were present at the
meeting. Mr. Unsworth stated that the property is of the revolutionary war/civil war era and It is their
wish to restore and preserve the property as much as possible. The Unsworth’s understand that the HP
overlay applies additional restrictions on the property.
Public Comments
• Ann Aldrich, 13302 Unger Road, Hagerstown – Ms. Aldrich stated she is a member of the Historic
District Commission, she lives in a historic house, and she is active in the restoration of the Saylor
House at Kiwanis Park in Hagerstown. She commends the Unsworths for their efforts to preserve
this historic property and fully supports this request.
• Jefferson Boyer, 68 S. Main Street, Smithsburg – Mr. Boyer stated he is the President of the
Smithsburg Historical Society and they fully endorse this application.
These minutes have been approved and are awaiting signature.
Motion and Vote: Mr. Goetz made a motion to recommend approval of the request to the Board of
County Commissioners because it meets the spirit and intent of the HP overlay zone based upon the
findings of fact listed in the Staff Report. The motion was seconded by Mr. Kline and unanimously
approved with Commissioner Wagner abstaining from the vote.
The Chairman adjourned the public input meeting at 7:15 p.m. and opened the regular meeting.
OTHER BUSINESS
Update of Projects Initialized
Ms. Kinzer provided a written report for land development plan review projects (56 total) initialized during
the month of August including 7 site plans and 6 preliminary-final plats. A six lot residential subdivision on
Fairplay Road was submitted in August. Mr. Reeder asked if road widening improvements would be
required. Ms. Kinzer stated the plan was routed to the State Highway Administration and the County
Engineering Department for review. She will check if any comments have been received and follow-up
with Mr. Reeder.
Comprehensive Plan Update
Ms. Baker reported there are two more meetings – one in Smithsburg on October 10th and one in
Williamsport on October 25th to finalize our public input meetings around the County. Official comments
have been received from the City of Hagerstown; we have also received comments from the Maryland
Department of Planning. The comment period remains open until our public input meeting closes in
Williamsport.
Following all public input meetings, staff will bring the document to the Planning Commission to decide
on any revisions that are necessary prior to forwarding the document to the Board of County
Commissioners. We anticipate getting the finalized document to the Commissioners after the first of the
year.
Ms. Baker noted that public comments continue to be focused on warehouses and traffic concerns around
the County.
UPCOMING MEETINGS
1. Washington County Planning Commission regular meeting, November 6, 2023 at 7:00 p.m.
ADJOURNMENT
Mr. Kline made a motion to adjourn the meeting at 7:30 p.m. The motion was seconded by Mr. Goetz
and so ordered by the Chairman
Respectfully submitted,
_______________________________________
Clint Wiley, Chairman
Open Session Item
SUBJECT: Hotel Rental Tax Funding Request, The House on Jonathan Street Documentary
PRESENTATION DATE: December 12, 2023
PRESENTATION BY: Rachel Souders, Director, Office of Grant Management; Dan Spedden,
Hagerstown/Washington County Convention & Visitor’s Bureau (CVB), Russ Hodge, 3 Roads
Communications, Inc.
RECOMMENDED MOTION: Move to approve the request for Hotel Rental Tax funding for
the “House on Jonathan Street” Documentary in the amount of $________ for direct expenses
associated with the event.
REPORT-IN-BRIEF: The Hagerstown/Washington County Convention & Visitor’s Bureau
(CVB) has submitted a request for Hotel Rental Tax funding to gain an underwriting credit for a
documentary film related to the history and culture of Washington County entitled “The House
on Jonathan Street.”
DISCUSSION: The Hagerstown/Washington County Convention & Visitor’s Bureau (CVB)
has submitted a request for Hotel Rental Tax funding to gain an underwriting credit for a
documentary film related to the history and culture of Washington County entitled “The House
on Jonathan Street.” The amount of funding requested for this project is $50,000, and the total
projected cost of the project is $100,000. The remaining portion of the expenses will be paid for
by the CVB.
The application has been reviewed by the Office of Grant Management and the project meets the
goals of the Hotel Rental Tax grant program.
FISCAL IMPACT: The Hotel Rental Tax Fund balance will be reduced by the amount of this
award. Current balance of the fund is $969,250.49.
CONCURRENCES: N/A
ALTERNATIVES: Deny the applicant’s request for Hotel Rental Tax Funding.
ATTACHMENTS: Hotel Rental Tax Funding Application, Underwriting Proposal and Project
Timeline
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Washington County, Maryland
Hotel Rental Tax Funding
Grant Application
100 West Washington Street
Room2200
Hagerstown, Maryland 217 40
240-313-2040
Organization/ Agency: IHa�erst�wn/Washington Co�ntyCVB.E-mail Address: 1���(g)�isithagersto'v".f�:��rri
Address: 116 Public Square Hagersotwn MD 21740
Contact Person: joan Spedden I Title: !President
Phone Number: ,_1(3_0_1_) 9_9_1_-o_s_2 _1 _____ _______ �I Fax Number: ...... 13 _01_7_ 9 _1_26_0_1 ________ _..)
Tax ID/Federal ID#: l�s 2_-_18_6_6_2_11 _____ ___ _ _ ___ � {11 Capital Request O Operating Request
Project Classification: @ Tourism/Attraction @ Economic Development (i} Cultural 0 Recreation
Project Name: �he House on Jonathan Street
Project End Date:
Project Justification and Economic Benefit/Impact to the Visitor Industry, if Applicable
he CVB proposes to partner with the Hotel Rental Tax Grant Fund to gain an Underwriting Credit for a documentary film related to he History and Culture of Washington County. The benefits associated with being the Underwriter can best be described as dvertising and promotion designed to elevate the profile of Washington County as a preferred destination for Cultural and Heritage ourists.
Anticipated Visitor Attendance and Impact on Hotel Rental Occupancy, if Applicable
Hotel occupancy will be positively impacted through the production phase of the film through business travel associated with the production team.
Hotel occupancy will be subsequently and positively impacted by Cultural and Heritage Tourists who were inspired by the film to visit Hagerstown and Washington County.
11/30/2023Project Start Date: �·. j 9/01/2023
Narrative Description of Project: Include purpose of project, outline of project procedures, intended results of project or any additional
comments that support the need for project and/or merit as an event or activity designed to promote Washington County, Maryland.
Purpose of Project: The CVB proposes to partner with the Hotel Rental Tax Grant Fund to gain an Underwriting Credit for the
documentary film and to win for our community all of the benefits associated with being the Underwriter.
What Is Underwriting?
In the commercial world of television, underwriting is called sponsoring or advertising. In the world of public television, underwriters
Wund programming. Underwriters can be corporations, members of the business community, foundations, associations, government
agencies or unions. In return for this support, a public TV program runs a sponsor message that can be up to 30 seconds in length as a
�hank you at the start and finish of each program. This is built into the program and must be aired each time the show is broadcast.
Sponsor messages on public television have a greater impact and are more effective than spots elsewhere on television because public
�elevision has such a small amount of non-program material, less than 6 minutes an hour, versus all the other broadcasters (network and
basic cable) who include 16 ½ minutes of non-program time per hour. In addition, the prohibition against "hard sell" spots and the
�rustworthiness of public television combine to make underwriting messages extremely credible and memorable.
Project Procedures:
3 Roads Communications will produce and distribute the documentary film. 3 Roads and the CVB will agree that the CVB will receive a
'ifteen second audio and video underwriting credit appearing before and after each broadcast of the Program on Public Television. The
documentary film will be titled "The House on Jonathan Street" and will be approximately sixty minutes long. The House on Jonathan
Street will be made available by 3 Roads Communications for broadcast to Public Television member stations in the United States for
unlimited broadcasts for a period of one year from initial distribution beginning no later than June 1, 2023.
Activity Designed to Promote Washington County:
Based on previous documentaries, The House on Jonathan Street should attract, at a minimum, broadcasts on more than 250 public TV
stations covering at least 85% of the U.S. markets. The goal is to clear at least one station, and often multiple stations, in each of the Top
25 TV markets.
IA National Public TV documentary will add prestige to the underwriter's destination brand.
Corollary media attention to the program will add national visibility for the underwriter's brand.
Film screenings in key local and regional venues will also provide additional exposure for the underwriter and amplify the impact of the
documentary.
ATTACHMENTS: Documentary Concept anf Time Line, Underwriting Agreement
Toti;II Project Budget
A.Amount of Hotel Rental Tax Grant Funding Requested
B.List Other Funding Sources and Their Respective Amounts
Source: !cvB operating funds
Source: I
Source: I
C.Total Project/Event Funding (A+ B)
Itemize your total project budget into the appropriate classifications:
A.Tourism Attraction (Be specific in expense break down):
junderwriting Agreement
B.Economic Development Enhancement (Be specific in expense breakdown):
C.Cultural Projects (Be specific in expense breakdown):
D.Recreational Projects (Be specific in expense breakdown):
Total Project Budget
I $50,000
11 $50,000
. -•············ ··j ....... J t I I $100,000
-···
$100,000
$100,000
Signature:
Certification:
We certify the information contained in this application is complete, accurate and fully discloses the scope and intent of our request for funding from the Hotel Rental Tax Fund. We agree to comply with the County's requests for information regarding the use of awarded funds and to provide access to accounting records related to these funds.
We acknowledge that if expenditures of funds is approved, such approval will be for line-item-by-line-item expenditures, which must be adhered to within the maximum 10% line item deviation.
We further acknowledge that any deviations beyond 10% allowable amount will require us to submit a program amendment which will have to be approved by the Office of Grant Management prior to any further expenditures.
By signing this application, I/we accept and agree to be bound by the terms and conditions of Hotel Rental Tax Regulations as administered by the Washington County Commissioners in compliance with current State laws.
Applicant/Organization:
Recommended by:
Comments:
Approved By:
Director, Office of Grant Management
Recommended Award:
I
County Administrator
Approved Award:
Date:I
Date: L
Board of County Commissioner Approval (for requests of $25,000 and over):
Approved by BCC:
County Clerk
Date I
Return Application To:
Washington County Office of Grant Management
100 West Washington Street Room 2200
Hagerstown, Maryland 21740
240-313-2040
O Approve
O Denied
0 Approved
0 Denied
0 Approved
0 Denied
7/21/2023
7/27/23
Per policy, this request is deferred to the Board of County Commissioners for consideration of funding. Upon approval of the Acting County Administrator it will be placed on an open session agenda.
deferred
\V\V\V. 3 roads .co 111
February 1, 2022
To: Potential Underwriters (Sponsors)
From: 3 Roads Communications, Inc.
Re: The House on Jonathan Street Proposal
I.DOCUMENTARY CONCEPT
The House on Jonathan Street is a one-hour documentary intended for national distribution to
Public Television, and national and international distribution through Amazon Prime.
The documentary uses the accidental discovery of the significant history of a modest dwelling on a
traditionally African-American street in Hagerstown, Maryland to trace the roots of middle
America's racial, economic and social interactions. Through the lens of this house, the rise and fall
of the African-American community in small rust belt towns and cities across America is told.
And how its discovery, renovation and renewal may portend a change in the fortunes of the street
and the larger community.
The documentaiy is being produced in 4K, which is the highest technological format broadcast
nowadays. This will ensure the desirability of the documentary both domestically and
internationally, and also means that the documentary will have as long of a shelf life as possible,
meaning additional distribution possibilities for the next decade.
Much of the principal photography and a dozen of the key research interviews for the
documentaiy have been completed.
II.BACKGROUND
Based on 3 Roads' extensive experience producing and distributing programming nationally
through Public Television, it appears that our collective interests would be best served by moving
forward with a national Public TV distribution. This does not rule out the idea that eventually,
perhaps even after the production of the sizzle reel, that a cable outlet might become interested,
and we will shop it there as well.
The upside of public TV distribution is that we will maintain editorial and creative control of the
documentaiy, and we would own all subsidiary rights in the shows, including international rights,
which may be considerable on a show of this type. It also allows us to further distribute the
documentary through our airangement with Amazon Prime, as well as through our educational
market agreements and our international distribution agreements.
The downside of Public TV distribution is that we provide the programs to the stations for free,
which means that we would have to find funding as opposed to having it paid for by cable
networks. Another downside is that public TV rules are more restrictive in terms of promotion and
separation of editorial and commercial. However, we have always managed to successfully stay
within public TV rules and have successful distribution as well.
Another huge upside to Public TV distribution is that the demographics of public TV viewers
align completely with House on Jonathan Street target audience profile. Public TV delivers the
highest incomes, highest educated demographic in television, with mass viewership that exceeds
most cable networks.
With that in mind ....
III.THE DEAL
We propose that we enter into an agreement with one or two underwriters to produce this
documentary. As we have with all of our productions, 3 Roads would handle all production,
distribution and marketing of the series. In addition to Public TV, 3 Roads also has a distribution
agreement in place with Amazon Prime, where all of our documentaries and series are streamed.
Each underwriter on the series will receive two underwriter credits per program acknowledging
their funding role. One credit will be at the beginning of each episode, and one credit would be at
the end of each episode. Placement and length of the credits will depend upon the amount of
money that each funder contributes.
IV.BUDGET
We have included a separate budget with line items. The "all-in" figure, for production,
distribution and marketing for the 13-episode series is $250,000.
V.BENEFITS FOR UNDERWRITERS
•The House on Jonathan Street will sensitively examine many of the issues at the core of polarized
American politics: race, wealth inequality, the loss of the manufacturing economy and opiod
addiction.
•Based on our previous documentaries, The House on Jonathan Street should attract, at a minimum,
broadcasts on more than 250 public TV stations covering at least 85% of the U.S. markets. We
normally clear at least one station, and often multiple stations, in each of the Top 25 TV markets.
•A national Public TV documentary would add prestige to the underwriter brand.
•Corollary media attention to the program will add national visibility for the underwriter.
•Film screenings in key local and regional venues will also provide additional exposure for the
underwriter and amplify the impact of the documentary.
VI.ADDITIONAL POINTS
•3 Roads would produce and distribute The House on Jonathan Street and would be responsible for
its editorial and production content.
•The documentary would be broadcast nationally; likely on Public TV but also marketed to cable
networks. It would also be streamed on Amazon Prime and sold internationally for broadcast
and/or cable distribution. Several of our programs have premiered on Public TV and then been
resold domestically to cable networks.
•Underwriter messages would be featured prominently in each episode.
•An underwriter "sponsor" who contributes more than $100,000 for the series will receive two
fifteen second underwriter messages per episode. The underwriter who contributes the most would
have the lead position.
•The documentary has a total of three minutes of time for underwriter messages; ninety seconds at
the beginning and ninety seconds at the end.
•Public TV viewers have the best demographics in the world; they are the high income, highly
educated decision-makers.
•Public TV also reaches a mass affluent audience. Their total number of viewers each week trail
only the three major networks and a few cable networks in terms of total viewership.
•The House on Jonathan Street would premier on public TV six months to one year after
production begins.
•The production team for this series has produced an Oscar-qualified documentaiy, seven public
TV series and seven public TV specials and documentaries. They are well known within the tight
knit public TV world and can access relationships to provide enhanced program catTiage and
better timeslots.
SAMPLE PRODUCTION TIMETABLE
Broadcasts Begin February 2023 (Black History Month)
Calendar Year 2021 (Completed)
Research Interviews including:
Reggie Tmner, Chairman Western Maryland Development Corps
Tereance Moore, Western Maryland Development Corps
Ruth Dredden, former Jonathan Street resident and fonner Hagerstown schoolteacher
Ron Cassie, Editor, Baltimore Magazine; author of award-winning article about Hagerstown
Bob Bruchey, former Mayor of Hagerstown
Lynn Bowman, Author, 10 Weeks on Jonathan Street\
Nick Redding, Executive Director of Preservation Maryland
Nald Frierson, Sen Van Hollen's Office and former Jonathan Street resident
Dr. Thomas Mitchell, MacArthur Genius Award winning expert on redlining
Aaron Leventhal, Maryland Dept. of Transportation archelogist
Principal Photography Nideography
Script Outline
Research for Script and Guest Bookings
February 1, 2022-April 30, 2022
Underwriting Funds commitment received
Interviews Continue
Principal Photography Continues
Production of Sizzle Reel
Public Announcement of Series to Public TV and Trade Press
May 1, 2022-August 31, 2022
Script Completed
NaITator Selected
Rough Cut Produced
Preliminary Outreach to Distributor and Stations Begins
Production Open Created
Production Elements Created
SEPTEMBER 1, 2022 -SEPTEMBER 30, 2022
Promotion Intensified
Audio Sweetening/ Scoring
Final Rough Cut
Close Captioning
Agreement with Distributor
OCTOBER 1, 2022-OCTOBER 31, 2022
Final version sent to Distributor
Station Relations begin
Electronic Press Kit Created
NOVEMBER 1, 2022 -NOVEMBER 30, 2023
Station Relations continue/Intensify
Public Relations continue/Intensify
Film Screenings Commence
Broadcasts Begin
The House on Jonathan Street
Underwriting Agreement
This Underwriting Agreement (the "Agreement") dated as of March 1, 2022, is made by and between
Three Roads Communications, Inc. ("3 Roads") with offices located at 118 East Church Street,
Frederick, MD 21701, and The Hagerstown Washington County Convention and Visitors Bureau
(HCWCVB) with offices located at.
Whereas, 3 Roads and HCWCVB desire to enter into this Agreement in order to set forth the terms and
conditions under which HCWCVB shall underwrite the Program.
In consideration for the mutual obligations described below, the Parties hereby agree as follows:
1.Television Documentary (the "Program")
(a)Title of the Program: "The House on Jonathan Street"
(b)Approximate length of program: Sixty minutes (60:00).
( c)Broadcast distribution: The House on Jonathan Street is made available by 3 Roads
Communications for broadcast to Public Television member stations in the United States for
unlimited broadcasts for a period of one year from initial distribution beginning no later than
June 1, 2023.
( d) Number of episodes: 1.
2.National Underwriting Credit
(a)3 Roads and HCWCVB agree that HCWCVB will receive a fifteen second audio and video
underwriting credit appearing before and after each broadcast of the Program on Public
Television (the "Billboard"). HCWCVB's Billboard(s) shall be identified, potentially along
with the Billboards of other underwriters, as the underwriters of the Program. 3 Roads
reserves the right to approve the content and form of HCWCVB's Billboards. All aspects of
HCWCVB 's underwriting of the Program, including the Billboard, shall be in accordance
with the Communications Act, rules and regulations of the Federal Communications
Commission ("FCC") and Public Television sponsorship guidelines and policies in force at
the time of broadcast. HCWCVB will produce and deliver its Billboard to 3 Roads according
to a mutually agreed upon schedule.
(b)Patiies agree that HCWCVB will be recognized as an underwriter and sponsor of the
Program on all publicity materials for the Program.
(c)3 Roads shall not use HCWCVB's name or refer to HCWCVB or any of its affiliates directly
or indirectly in any manner including, but not limited to, any website, advertising or list of
representative clients without receiving the prior written approval of HCWCVB. There shall
be no announcement or press release regarding this Agreement, unless otherwise mutually
agreed to in writing by the parties prior to such disclosure.
(d)Notwithstanding the foregoing, 3 Roads shall have the right to use HCWCVB's corporate
name and symbol in connection with ' HCWCVB s underwriting credit only with
HCWCVB's permission.
3.Payments and Expenses
(a)In consideration for the underwriting credit and other sponsorship benefits (including the
promotional benefits), HCWCVB agrees to pay 3 Roads the sum of $100,000 for the
underwriting of The House on Jo11at!,a11 Street immediately upon invoicing.
(b)All invoices shall be submitted to ? or via e-mail to ? Invoices must include (i) Identification
of the agreed upon payment. (ii) Invoice number and date as well as a remittance address.
HCWCVB will pay a properly submitted (in accordance with the above requirement(s)) and
undisputed itemized invoice immediately upon receipt.
(c)All sums payable to 3 Roads under this Agreement that are not paid within 30 days
of the due date will accrue interest from the due date until the date paid, at the rate of 1
percent per month.
( d)Except as expressly stated, each party will be responsible for paying its own costs and
clearing all third party rights in connection with fulfilling its obligations under this Agreement.
(e)HCWCVB agrees to submit any plans it may have for the promotion of the Program
(including the text of press releases and text and layouts for advertisements) to 3 Roads for
approval to ensure the accuracy and appropriateness of all promotional and advertising
materials issued in connection with the Program. 3 Roads agrees to respond promptly to, and
will not unreasonably withhold approval of, all materials so submitted. When notified by 3
Roads, HCWCVB agrees to include in all such materials the appropriate trade/service mark
registration symbol in uses of the Programs' name.
4.Ownership
(a)As between the patties, 3 Roads shall control, for the duration of
this Agreement, all rights, title and interest (including all copyrights and all renewals and
extensions of such copyrights) throughout the world in all current and future media to the
Program, any sponsorship tagline or logo created ( excluding any HCWCVB
trademark incorporated into the tagline or logo), and all materials created in connection
with the foregoing. Except as expressly stated in the Agreement, 3 Roads shall be free to
exercise such rights at any time without any obligation to HCWCVB.
(b)HCWCVB shall own all rights, title and interest (including all copyrights and all
renewals and extensions of such copyrights) throughout the world in perpetuity in all
current and future media to its underwriting credit, any trademark or trade name owned
or controlled by HCWCVB and any materials created by HCWCVB in connection with the
foregoing.
5.Termination
(a)3 Roads and HCWCVB shall have the right to terminate this Agreement if the other party
breaches any of its material obligations and fails to cure such breach within thirty (30) days
of written notice of the breach. In the event that the termination is due to a material breach by
HCWCVB, all payments not yet made shall become due and payable to 3 Roads within thirty
(30)days of the termination date.
(b)Both parties will immediately discontinue using any material referring to HCWCVB
sponsorship of the Program and return all such materials belonging to either party.
6.No Sublicensing or Assignment
(a)Neither 3 Roads nor HCWCVB may sublicense or assign any of its rights or obligations
under the Agreement without the prior written consent of the other parties. Notwithstanding
the foregoing, HCWCVB may assign its rights, duties and obligations hereunder to an
affiliate or subsidiary company without consent.
7.Representations, Warranties, and Indemnities
(a)3 Roads represents and warrants that it has the legal right and authority to enter into this
Agreement and to observe and perform fully its obligations set forth herein, and that its
performance hereunder will not conflict with or violate any commitment, agreement, or
understanding it has or will have to and with any other person or entity and that no legal
proceedings have been threatened or brought against 3 Roads which could otherwise threaten
performance of this Agreement and that entering into this Agreement is not prohibited by any
contract, applicable law, rule, regulation, government directive or judicial order or decree.
(b)3 Roads shall pay and indemnify and hold harmless HCWCVB, and its officers, assignees,
directors, agents, licensees, and employees from and against all claims, losses, costs,
expenses, settlements, demands and liabilities of every kind, including reasonable attorneys'
fees and expenses arising out of (i) any inaccuracy, alleged breach, or actual breach of any
representation, warranty, covenant, agreement, or undertaking made by 3 Roads herein, (ii)
any matter in connection with or caused by the Program or under 3 Roads control, (iii) any
claim by a third party that the Program infringes upon the patent, copyright, trademark, trade
secret or other intellectual property rights of any third party, (iv) any claim arising out of the
disclosure or use of Confidential Information and (v) any amounts including taxes, interest,
and penalties assessed against HCWCVB which are obligations of 3 Roads; provided,
however, that if any claim shall be made or action taken which, if true, would constitute a
breach of any representation, warranty, covenant, agreement, or undertaking made by 3
Roads herein, HCWCVB agrees to give 3 Roads prompt notice thereof and HCWCVB shall
have the right to contest or join in the contest of such claim or action and may be represented
by counsel chosen by HCWCVB
( c)HCWCVB represents and warrants that it has the legal right and authority to enter into this
Agreement and to observe and fully perform its obligations set forth herein, and that
HCWCVB 's performance hereunder will not conflict with or violate any commitment,
agreement, or understanding it has or will have to or with any other person or entity.
( d)HCWCVB shall defend, indemnify, and hold harmless 3 Roads and its officers, assignees,
agents, licensees, and employees from and against all claims, losses, costs, expenses,
settlements, demands, and liabilities of every kind including reasonable attorneys' fees and
expenses, arising out of the breach of any representation, warranty, covenant, agreement, or
undertaking made by HCWCVB herein, or involving any matter in connection with
HCWCVB 's advertising or promotion of the Program; provided, however that if any claim
shall be made or action taken which, if true, would constitute a breach of any representation,
warranty, covenant, agreement, or understanding made by HCWCVB herein, 3 Roads agrees
to give HCWCVB prompt notice thereof and 3 Roads shall have the right to contest or join
in the contest of such claim or action and may be represented by counsel chosen by 3 Roads.
8.Notice
All notices, requests for approvals, and approvals under this Agreement shall be in writing and mailed,
express delivered, or faxed to the other party.
To 3 Roads:
ToHCWCVB:
9.Force Majeure
Russ Hodge, President
Three Roads Communications, Inc.
118 East Church Street
Frederick, MD 21701
(301 )662-4121
In the event that production or broadcast of the Program is delayed or cancelled by reason of act of God,
fire, lockout, strike or other labor dispute, riot or civil disorder, war or armed insurrection, enactment,
rule, act or order of government, mechanical failure, or any other force majeure cause or reason beyond 3
Roads' control, then 3 Roads shall produce and/or arrange for broadcast distribution as soon as practicable
after any such event. It is also understood by the parties that distribution of the Program may be altered
for a variety of reasons outside of 3 Roads' control, including competitive market reasons within the
public television community.
10.Dispute Resolution
All disputes shall initially be referred jointly to the parties' respective project managers or other
representative designated by each party. If the project managers or other designated representative(s) are
unable to resolve the dispute within seven (7) business days after referral of the matter to them, the parties
shall submit the dispute to a senior executive from each party for resolution.
Any dispute with respect to this Agreement which is not resolved within ten (10) days after referral to the
parties' senior executives in accordance the above, shall at all times thereafter at the initiation of either
party, be submitted to arbitration which shall be the exclusive means for resolving any such disputes.
Such arbitration shall be conducted by JAMS in accordance with its Arbitration Rules and Procedures
then in effect. The arbitration shall be administered by the Maryland State Office of JAMS and the
hearing shall be held in the state of Maryland. The arbitrators will be selected from a panel of retired
judges, will have familiarity with dispute resolution in the applicable industry and will not have a
relationship of any sort with either party. Any costs associated with the arbitration shall be borne by the
non-prevailing party. All decisions of the arbitrators shall be binding on both patiies. Judgment upon the
award rendered by the arbitrators may be entered in any court having jurisdiction. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY AND IRREVOCABLY WAIVE THEIR RIGHT TO
A TRIAL BY JURY and agree that if the foregoing binding arbitration provision is determined for any reason to be unenforceable or inapplicable to a particular dispute, then such dispute shall be decided
solely by a judge without the use of a jury, sitting in a comt of competent jurisdiction. This binding
arbitration and jury trial waiver provision shall survive termination of this Agreement. Nothing in this
Agreement will prevent either patty from applying for injunctive relief in any court of competent jurisdiction.
11.Miscellaneous
(a)The parties shall notify each other in writing in the event that either deems this Agreement to
be breached and shall give the other part thitty (30) days to cure such breach before taking
action or making a claim on the basis of such breach.
(b)This Agreement is complete and embraces the entire understanding between the parties. All
prior and contemporaneous understandings in connection with the subject matter herein
contained, either oral or written, are null and void unless expressly set forth herein. No
alteration, modification, or wavier, in whole or in patt, of any provision of this Agreement
shall be of any effect unless set f01th in writing and signed by both parties hereto.
( c)Whenever notice is required to be given or may appropriately be given hereunder, such notice
shall be in writing and shall be delivered to the person or patties to whom intended at their
addresses first stated above.
( d)This Agreement is entered into within the State of Maryland and shall be governed and
construed in accordance with Maryland law as if this Agreement were to be fully performed
within the State of Maryland, without giving effect to principles of conflicts oflaws. The
patties agree to submit solely and exclusively to the jurisdiction of the state and federal courts
of the State of Maryland to resolve any disputes arising hereunder.
( e)Upon reasonable prior notice from HCWCVB, 3 Roads shall provide HCWCVB and its
auditors and investigators reasonable access during normal business days and hours to 3
Roads' (i) facilitates that are actually pe1forming the duties hereunder and (ii) business records
reflecting 3 Roads' compliance with this Agreement. In the event access to 3 Roads'
confidential information is required, access will be provided in such a way as to preserve the
confidentiality of such information.
ACCEPTED AND AGREED
Three Roads Communications, Inc.
By ____________ _ Name: Russell Hodge
Title: President
HCWCVB
By _____________ _ Name: ----------------Title: ----------------
SUBJECT: Update to County Policy — Utility Construction within County Public Right -of -Way
PRESENTATION DATE: December 12, 2023
PRESENTATION BY: Scott Dobbs, Director of Engineering; Greg Cartrette, Director of
Permits and Inspections / Code Official
RECOMMENDED MOTION: Approve resolution to amend the DPW-2 Policy (formerly
known as S-4) for Utility Construction within County Public Right -of -Way.
REPORT -IN -BRIEF: Staff recommends amending the DPW-2 Policy - Utility Construction
within County Public Right -of -Way to address current technology and installation methods. The
last amendment to the policy was July 2011.
DISCUSSION: Utility permits are issued by the Permits office, include conditions of work
during permit/plan review, and are tracked in the field by the Inspections office. Updates to the
policy include revisions to definitions, adding micro -trenching as an acceptable method of utility
work, requirements for third -party inspections for projects with multiple crews working at the
same time, and clarification of mitigation requirements, including resurfacing the road based on
the pavement condition index.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Amended DPW-2 Policy
AUDIOVISUAL TO BE USED: N/A
GT0N
�f
r
Washington County, Maryland
Policy Manual
Policy Title: Utility Construction within the County Public Right-of-way
Policy Number: DPW-2 (formerly known as S-4 Policy)
Adoption Date: February 20, 1973; Amended
PURPOSE:
To establish a County policy to provide administrative and procedural guidance needed to
accommodate utility construction within the County Public Right -of -Way. To establish
specifications to facilitate increased safety and convenience for the residents/traveling public;
preserve the County's infrastructure; mitigate the', impact of utilities on the structural integrity,
durability, and aesthetic quality of the County's roadways; provide for the accommodation of
utility facilities within the right-of-way and establish procedures and controls for the issuance of
permits.
The permit system established herein makes known the intent ofthe utility company and/or
contractor to carry out work within the public right-of-way by requiring advanced submission of
a written application and provides that the nature and extent of any utility work within the public
right-of-way shall be clearly defined by the Applicant and agreed to by the County.
The policy also establishes an administrative procedure for the County to coordinate the use of
space within the public right-of-way and hold the Applicant responsible for such authorized
work and provides a means for authorizing, said work.
POLICY:
Washington County must approve the location, design, maintenance of traffic (MOT), and any
unique requirements and issue a permit for utility construction within the public right-of-way
owned and/or maintained by the Board of County Commissioners for Washington County,
Maryland. A utility permit is required for any modification or new utility installation or
connection including, but not necessarily limited to water, sanitary sewer, natural gas, electrical,
cable television, telephone, fiber optics and related utility.
Control of utility construction is a key component to protect the public investment within the
public right-of-way.
Consistent with the Maryland Department of Transportation (MDOT) State Highway
Administration's (SHA) policy for utility cuts, a moratorium period of five (5) years from the
date of construction completion is established on newly constructed roadways. Similarly, a
moratorium period of three (3) years from the date of pavement overlay is established for
existing highways/roads resurfaced or reconstructed. If repair to a utility or connection to a
utility is necessary during this moratorium period, the Applicant/Permitee shall mill and overlay
a minimum of twenty-five (25) feet beyond the affected area across the full width of the
pavement (edge to edge).
Washington County, Maryland
Policy Manual
For areas outside of zoned residential areas, for exemption from this portion of the policy, the
Applicant shall submit three (3) alternative designs for realignment or reconfiguration of the
utility construction with construction cost estimates to the County. The County may select any of
the submitted alternatives over the proposal to disturb the existing pavement. The intent for the
moratorium is an attempt to maintain the integrity and pavement serviceability rating of these
newly constructed or refurbished roadways. Mainline or longitudinal utility installations during
the moratorium period for any highway/roadway is not acceptable.
Utility companies are urged to assure their mainline work is desig
extension without disturbing existing pavement. Only when no o
utility cuts be permitted on newly constructed or refurbished roac
REGULATORY AUTHORITY AND POLICY:
The Code of Public Local Laws of Washington County bestows
Commissioners to adopt regulations regarding the construction o
drainage systems, and other incidental structures (Code of Public
Furthermore, the statute authorizes the Director to develop Stand;
Specifications affecting the design and construction of public wo
Public Local Laws, Chapter 7-308).
date future
s available will
lority to the Board of County
�w highways, roads, bridges,
)Cal Laws, Chapter 7-301).
s, Policies, Details and
in the County (Code of
More specifically, Chapter 7-3 1Q of The Code of Public Local Laws of Washington County
prohibits a person from installing, maintaining, repairing, relocating, or removing a pipe, wire,
cable, fiber optics, performing an excavation within the public right-of-way or other materials
without first obtaining a permit from the County. The chapter grants authority to require and
exercise surety against incomplete or unsatisfactory work.
This policy does not apply to incorporated areas of Washington County, Maryland except where
roadways owned, 'and/or maintained by the Board of County Commissioners for Washington
County, Maryland pass through the incorporated area.
The Board of County Commissioners may, from time to time, establish a fee structure for utility
permits.
DEFINITIONS:
Acceptable notification: telephone conversation, letter, electronic email to a designated email
address, request using the online permitting system (when available).
Applicant: Any person, as herein defined, who has applied for a permit to perform any
construction regulated by the Code of Public Local Laws of Washington County.
County: The Board of County Commissioners for Washington County, Maryland or its duly
designated agent, Division, or Department.
Emergency Utility Construction: A repair necessary to restore a pre-existing service when a
service interruption occurs or a repair is necessary to prevent the loss of life, damage to property
or restore essential service for livability factors.
4
Washington County, Maryland
Policy Manual
Highway system: The series of existing and proposed County roadways not within a planned or
developed residential, commercial or industrial subdivision.
Maintenance of Traffic (MOT): An engineered plan to manage and ensure pedestrian and
vehicular traffic through or around the area influenced by the proposed utility construction.
Major repair: New utility cut or repair requiring construction activity for more than five days;
longitudinal cuts 500 feet or greater in length and any cut, transverse or longitudinal deeper than
ten feet.
Method of Construction: Either horizontal directional drilling, directional boring, impact
moling, micro -trenching, or open trench construction for utility work as defined in detail herein.
Miss Utility: A one -call notification center (1-800-257-7777) that identifies the location of
utility facilities within the public right-of-way and notifies, subscribing underground utility
owners of proposed excavation plans.
Moratorium Period: A period of five (5) years from the date of constructioncompletion for
newly constructed roadways; a period of three (3) years from the date of pavement overlay
completion for existing highways/roads resurfaced or reconstructed..
Permittee: An individual or
in accordance with the prov
rporation who has applied for
)ns of this policy._
Right-of-way: Any land area tha
purposes by a plats of subdivisioi
land area deeded to or acquired b
which has been Icoriveved to a ou
transportation purposes; any Ian(
public right-of-way through use
any land area along a County-m�
maintained shoulders and side di
not include state roads, federalr(
easements.
has been issued a utility permit
t has been dedicated to public use for road or transportation
1 or other instrument recorded in the land records office; any
y the County for road or transportation purposes; any land area
blic agency by easement for public use for road or
area which has been declared by competent authority to be
)r through prescriptive usage in accordance with Maryland Law;
intained road which falls within the traveled way or actively
aches of the County -maintained road. Public right-of-way does
ads, municipal roads, park roads, private roads, or public utility
Road classification: A hierarchical system of roadways, classified by function, used to
determine the appropriate level of access management. County roadways shall be classified as
principal arterial, minor arterial, collector, minor collector or local.
Settlement: Vertical consolidation and lowering of the pavement repair area where the vertical
deflection created exceeds three -eight's inch (3/8") or causes water to pond within the repair area or
change the flow path directions.
Spot patch: A square or rectangular excavation/cut into existing pavement to provide access to an
existing utility within the paved roadway surface that is not specifically oriented in a longitudinal
or transverse direction.
Washington County, Maryland
Policy Manual
Stop work order: An act, order or certificate issued by a representative from the authority having
jurisdiction suspending authorization to perform any work within the public right-of-way or
other areas under the jurisdictional control ofthe Board of County Commissioners.
Subdivision street system: The series of existing and proposed County roadways within a
planned or developed residential, commercial, or industrial subdivision.
Surety: Valuable consideration pledged or deposited for the purpose of assuring performance of
the obligations imposed under this and other County policies in a form acceptable to the County
Attorney, including an irrevocable standby letter of credit, performance bond, or certified check.
Sureties must be of AM Best rating, listed as U.S. Treasury approved, licensed and ce 1 tified to
conduct business in the state of Maryland. The County may also require the surety to produce a
Summary balance Sheet prior to acceptance of a bond. Letters of Credit shall be drawn on a
Maryland bank branch, having a local branch office in Washington County, MD, and subject to
automatic renewal. Performance bonds shall also be sub] ect to automatic renewal.
Utility Permit: An official document or certificate issued by the County authorizing performance
of construction within the public right-of-way and within a specified time, as further provided
and detailed in the supporting documents, agreements, conditions, plans, and specifications
relating thereto.
Zoned Residential Areas: The following areas identified in the Washington County Zoning
Ordinance (Residential Rural District "RR", Residential Transition District "RT",
Residential Suburban District "RS", Residential. Urban District "RU", and Residential Multi -
Family District "RM".
LNJNIIIIX"11,11 II
Public utility companies, government political entities, private property owners, and developers
proposing utility construction within a public right-of-way owned and/or maintained by the
Board of County Commissioners for Washington County, MD shall submit an application for a
utility permit to the County.
The following activities require the issuance of a utility permit:
• Any residential, commercial, or industrial utility service connection(s) within the
public right` -of -way (new or modified);
• Any utility trenching, tunneling, horizontal directional drilling / directional boring,
micro -trenching, or cutting of existing pavements within the public right-of-way;
• Temporary construction of the above examples.
• Adjustment or replacement of manhole frames) and cover(s) and value boxes;
• Routine maintenance of existing utility infrastructure;
• Repairs to existing utility facility infrastructure;
• Underground utility facility construction within the public right-of-way;
• Modifications to utility facilities which are required to be made as part of a capital
improvement program project; and
• Testing/inspection of utility facilities which impede flow of traffic on public roadway.
4
Washington County, Maryland
Policy Manual
Utility Permits shall expire one (1) year from the date ofpermit issuance unless the County
stipulates a shorter or longer term when the permit is initially issued. Failure to complete the
work within the specified time frame will be just cause to require the Applicant to reapply.
UTILITY PERMIT REVIEW AND APPROVAL PROCESS:
Utility Permit (Non -emergency situations):_
1. Upon receiving an application and the supporting documentation 'for a Utility Permit, the
County representative will investigate the proposed work to determine its acceptability
for tunneling, horizontal directional drilling, directional boring, micro -trenching, open
trench construction, overall safety, MOT and other factors. When the MOSH/OSHA
regulations require the creation of an excavation safety plan, the plan shall be submitted
with and form a part ofthe supporting documentation for the application.
2 After affirming a favorable recommendation, establishing the acceptable method of
construction and posting of the appropriate surety, the County will issue a Utility Permit
at the approved location.
3. The County will hold, manage, exercise,
4 The County shall assign a construction it
as the point of contact for the Permittee.
5. Forty-eight (48) hours prior to beginning
County of the intent to begin the propose
allow that office time to schedule an insp
notification shall be just cause to issue a
inspections can be ai
notification or establ
C For major repair wor
with the work unless
7. For permits for new
conference shall be f
E3
N
County
ase utilitypermit held sureties.
,o monitor the work progress and serve
construction, the Permittee must notify the
1 work. This notification is necessary to
,ction. Failure to make the appropriate
top work order until the appropriate
may establish an electronic mailbox for
ish a voice mail box to aid in Permittee notification.
k, a pre -construction conference shall be held before commencing
it satisfies the requirements for emergency utility construction.
installation serving 5 or more residences, a pre -construction
[eld before commencing with the work.
The County Inspector shall periodically inspect the work site for conformance with the
policy and approved drawings. Inspections may be made upon Washington County's
receipt of a complaint relating to the work.
After all work is completed, the County Inspector must be informed that all construction
has been completed within the County's right-of-way. The Inspector will conduct a final
inspection, establish a punch list or attest to satisfactory completion.
Assuming all work is completed to the satisfaction of the County Inspector; the one-
year maintenance period will commence. After which, provided the utility patch work
and effected pavements remain acceptable, the surety will be released. Unless
authorized by the County, in no case will the surety be released in less than 12 months
from the completion of the utility pavement repair. If some component of the work is
unsatisfactory, the Permittee will be notified and corrective action required. The surety
shall not be released until all work is completed to the County satisfaction.
Washington County, Maryland
Policy Manual
SUSPENSION OR REVOCATION:
The County Director associated with the inspection, or his/her agent/representative, may
suspend or revoke any permit when the work is deemed to present a safety risk to the public;
work is incomplete and the Permittee refuses to take appropriate corrective action; the Permittee
fails to complete the work within the stipulated time frame or any other just cause in conflict with
the provisions of this policy.
Suspending or revoking the permit shall not waive any right to exercise the surety posted for the
respective utility construction work.
PERMITTEE'S RESPONSIBILITY UNDER THE UTILITY PERMIT:
The Permittee has legal obligations and administrative requirements upon receipt of a utility
permit. The permit constitutes a binding contract between, the Permittee, his/her heirs,
successors, and assigns, and the Board of County Commissioners for Washington County, MD.
It is important for Applicants to be aware of and understand the, key responsibilities under the
permit. This information is provided for illustrative purposes only and shall in no way be
interpreted to supersede, contradict or substitute for the terms and conditions of an actual granted
utility permit.
The basic responsibilities are summarized as follows:
• Obtain any other necessary permits that may be required by local, state or federal
agencies;
• Contact Miss -Utility at 1-800-257-7777, a minimum of forty-eight (48) hours prior to
beginning any work:
• Complete the construction as described on the approved construction drawings; failure to
do so may result in the Permittee 's removing and reinstalling all work under the permit;
• Construct the proposed improvements in accordance with County Standards and
Specifications and any applicable policies and procedures of Washington County;
• Make any individual or corporation contracted to perform the work under this permit
aware_ of the conditions of this permit;
• Determine the location, relocation and adjustments of public and private utilities
affected by the proposed construction/connection;
• Maintain appropriate clearances from other utilities in the vicinity of the proposed work;
• Mitigate any adverse impact(s) of drainage by the construction contemplated;
• Protect the construction area from sediment entering the surface water runoff;
• Wear reflective safety vests on the job site at all times. When MOSHIOS1 A regulations
require the creation of an excavation safety plan, the plan shall be submitted with and form a
part of the supporting documentation for the application;
• Provide for MOT during construction in accordance with federal, state and county
requirements and the Manual on Uniform Traffic Control Devices (MUTCD);
Washington County, Maryland
Policy Manual
• Normal traffic along a County right-of-way shall be maintained at all times using
signs, flashers, barricades, flaggers, etc. All required signs shall be placed prior to
construction or placement of any equipment or material on site. Provisions must be
made for pedestrians to utilize area without entering onto pavement, as applicable.
• Replace/Install or compensate the County for any permanent traffic control markings
damaged by the work and/or repairs to traffic signals/detection systems;
• Maintain accessibility to any fire hydrants in the vicinity of the work area during
construction;
• Maintain accessibility to any mailboxes or driveways (commercial or private) in the
vicinity of the work area;
• All mud and debris tracked and/or spilled on the County road shall be removed
promptly to eliminate potential hazards. Keep the adjacent and adjoining roadways
clean and free of soil, dirt and other debris at all times during the construction;
• Indemnify and save harmless the Board of County Commissioners for Washington
County, and all of its agents and employees from suits, actions, or claims of any character
brought on account of any injuries or damages to person or property occurring as a result
of any act or omission by the Permittee or their agent, servant, consultant or independent
contractor employed by the Permittee for the performance of the work; and
• Repair any damage made to existing lawns, shoulders, sidewalks, curbs, pavement,
permanent pavement markings, and drainage systems associated with the work;
• Installation under curb and sidewalks shall be via bore unless otherwise directed by the
County inspector;
• Provide written notification (door tag
week in advance of the start of constr
mail address, and t
questions or compl
• For utility projects
Permittee shall be rF
daily inspection'rep
• If at any time during
ivisio
for a
ilar) to adjacent properties a minimum of one
Notification shall include a contact name, e-
)ject representative able to respond to any
ultiple crews working in different locations at the same time, the
I to hire a third -party inspector to monitor the work and provide
ith photos to verify work meets the requirements of the permit.
ruction the scope of work changes, please call Washington
s and Inspections to discuss the need to amend the permit.
UTILITY CONSTRUCTION WITHIN THE PUBLIC RIGHT-OF-WAY STANDARDS:
To minimize disruption and damage within the County public right-of-way, the first method of
construction contemplated for any project shall be to horizontal directional drill / directional
bore. When horizontal directional drilling / directional boring is not feasible (as confirmed by
the County) nor will it accomplish the intended action, the County may authorize impact moling
or micro -trenching methods of construction as determined by the location of the work. Impact
moling (also referred to as pneumatic punching, missile boring, and stitch boring) is only
permitted at underground lengths greater than 50 feet along the frontage of zoned
residential properties or in densely populated areas but is acceptable for road crossing
applications and under driveways; however, this may be rescinded at any time by the County
Inspector if there is any excessive earth disturbance or evidence of pavement damage / heaving
of pavements as a result of this operation. The Permittee shall repave the entire driveway if
there is any evidence of pavement damage or heaving of the driveway.
7
Washington County, Maryland
Policy Manual
Qualifications and experience of contractors shall be submitted by the Permittee for review and
acceptance prior to the start of work.
Utility tunneling, pipe jacking, microtunneling, pipe ramming, and auger boring construction
methods generally involve larger operations and will be dealt with on a case -by -case basis.
The County reserves the right to evaluate and accept other operations utilizing future technology
that improves the expansion of broadband and other utilities.
Any new fiber proposed shall adhere to the horizontal directional drilling / directional boring or
micro -trenching guidelines. In zoned residential areas, vaults, handholes, pedestals,, cabinet
boxes, etc. shall be installed in discrete areas, near existing utility infrastructure, or at he
property line between two properties to limit the impact to the adjacent properties. This
infrastructure and all fiber shall be clearly and accurately identified on the construction plans.
Horizontal Directional Drilling / Directional Boring / Impact Moling;,
Horizontal directional drilling / directional boring is defined as a steerable system for the
installation of pipes, conduits, and cables in a shallow arc using a surfacelaunched drilling rig.
This method involves the use of directional drilling machines to accurately drill along the chosen
bore path and back ream the required pipe.
Although often used interchangeably, the terms horizontal directional drilling and directional
boring are distinct in that they convey a different sense of scale. The term directional boring is
generally reserved for mini/small sized_ drilling rigs, small diameter bores, and crossing lengths in
terms of hundreds of feet. Impact moling involves installation of small diameter pipes or cables
using a pneumatic hammering tool to create a borehole underground in compressible soils at short
distances between two excavated pits. The term horizontal directional drilling is intended to
describe large/maxi sized drilling rigs, large diameter bores, and crossing lengths in terms of
thousands of feet. The Permittee shall specify the method on the construction plans and include
location and sizes of the excavation pits, vaults, handholes, pedestals, cabinet boxes, etc.
Horizontal directional drilling ,,/ directional boring or impact moling for new fiber in zoned
residential areas will only be' acceptable if the utility provides a soil boring report from a licensed
geotechnical engineer that accurately locates the elevation of bedrock along the path of the
drilling/boring and verifies the bedrock is below the intended depth of the path of the run. The
County will only accept micro -trenching if rock is shown to be in the path of the drilling/boring in
zoned residential areas.
Utility companies that have existing active fiber already underground within the County public
right-of-way in a zoned residential area may repair, upgrade, or replace its lines in place by
horizontal directional drilling / directional boring with test pitting and small excavation
locations to tie into the existing infrastructure.
Horizontal directional drilling / directional boring or impact moling shall be at least thirty-six (36)
inches underground or beneath the base course of the road / pavement section unless otherwise
approved by the County.
Washington County, Maryland
Policy Manual
Micro -trenching:
Micro -trenching is low -impact slot -cut method that enables quick installation of underground
fiber optic cable/microducts in trenches that are narrower/shallower than typical open trenches
and reduces the impact on existing utilities and land surface with minimal impact to the
community. Micro -trenches shall be installed at the edge of the gutter line or in the shoulder of
the road pavement if no gutter line exists. The micro -trench shall be linear in nature, have a shape
consistent with the roadway's horizontal alignment, and installed at a location and depth to
adequately work around any existing utility or previous micro -trenched conduit. It is incumbent
on each utility owner to work with future utility owners so as not to disrupt service already in
place.
Unless otherwise approved by the County, the micro -trenches shall be approximately 1 inch in
width and 12 to 16 inches in depth with a minimum of 6 inches clearance from top of pavement
surface to top of installed conduits. The micro -trench must be filled with a flowable fill and a
flexible asphalt/reinstatement system as approved by the County.
In areas that have previously installed fiber; outside of the roadway, subsequent fiber installation
shall use micro -trenching unless otherwise approved by the County, When a subsequent micro -
trench is installed in the road, it must be at least one foot horizontally from the last micro -trench
or on the other side of the road (if no trench exists on that side).. The Permittee shall mill and
overlay the road after micro -trenching if the pavement condition index per the latest survey is
greater than 75.
Open Cut/Trenching:
Open cut trenching is acceptable for longitudinal or transverse openings where other methods are
deemed impractical by the County,
The minimum trench width shall-- be 24"'.1 The trench width is not to be confused with the
minimum pavement repair width, which is five (5) feet (trench width plus three (3) feet).
The existing,pavement edge limits ofthe open cut trench shall be saw cut to sharp/uniform lines.
All materials used for utility construction within the public right-of-way shall conform to the
latest standards and specifications for MDOT SHA and Washington County for construction.
Where discrepancies exist between these standards and specifications, the Washington County
edition will prevail.
Backfill material within roadways shall be graded aggregate meeting MDOT - SHA
Specifications.
The motoring public and pedestrians shall be protected against hazards associated with open
utility trenches and excavations. The County may require the submission, review and approval of
a plan for MOT (vehicular and pedestrian) prior to issuance of a utility permit.
9
Washington County, Maryland
Policy Manual
All open cut trenches and excavations in the paved section of roadway must be backfilled and
capped with bituminous concrete cold mix or steel -plated at the end of the workday. An open
trench can never block continuous access to the other side. When prolonged work makes this
impractical, roadway open cut trenches shall be completed as soon as possible to minimize
exposure and occurrence of unfortunate events. If an open cut area is intended to be open for five
(5) or more calendar days, the open cut trench shall be separated for moving traffic by concrete
barriers or filled to within two (2) inches of the adjacent pavement surface throughout its entire
length. Whenever concrete barriers are used to protect a work area, an approved MOT plan shall
be approved by the County inspector.
Traffic control devices, such as traffic signal loop detectors and pavement markings damaged
during utility construction shall be repaired to the satisfaction of the County. If these devices are
anticipated to be affected, a traffic signal timing and sequencing plan must be established prior to
commencing with any work. The Permittee may agree to compensate the County for the cost to
replace/repair the traffic control devices. Failure to pay for replacement or repair ofthese
devices shall be just cause to exercise a claim against the posted surety.
Open cut trenches shall be constructed in accordance with all local, state and federal safety
regulations, specifically OSHA§ 1926.650.
Daily inspection of excavations, the adjacent areas, and protective systems shall be made by a
competent person for evidence of a situation that, could result impossible cave-ins, loss of life or
damage to adjacent pavements and structures. Where MOT plans have been approved, the
Permittee shall designate an MOT Manager to monitor the correct application of traffic control
devices and order corrections to the MOT implementation where necessary.
Mill and Overlav Reauirements:
A mill and overlay shall be required should the patch not meet the specifications as set forth in
the County Standards and Specifications for design/construction and/or the Standards and/or
Specifications for Construction and Materials, MDOT SHA.
If pavement cuts are necessary on newly constructed or rehabilitated roadways within the
moratorium period and no alternative is available, such cuts will be permitted and require a mill
and overlay a'minimum of twenty-five (25) feet beyond the affected area across the full width of
the pavement (edge to edge). A two (2) inch deep mill and overlay is required for all utility
patches as shown on the standard detail. Mill and overlay limits may be extended at the direction
of the County based on the following guidelines:
Transverse or Spot Patches:
Whenever two or more transverse or spot patches are within fifty (50) feet of each other; the mill
and overlay shall extend the full width of the pavement, a minimum of twenty-five (25) feet
longitudinally beyond the two or more transverse or spot utility patches.
10
Washington County, Maryland
Policy Manual
Longitudinal Patches:
Diagonal utility cuts shall be considered longitudinal cuts and shall meet the requirements set
forth herein.
When the distance from the edge of existing pavement to the edge of new asphalt patch base
material is three (3) feet or less, the existing pavement between the edge and new base shall be
removed and replaced with new HMA material.
When the area designated as "mill and overlay" on the Detail titled "Utility Patch in Flexible
Asphalt Pavement" exceeds fifty (50) percent of the existing total roadway width, the entire
roadway width shall be milled and overlaid.
Whenever longitudinal, transverse or spot cuts/patches are coincidental, the 'entire width of the
roadway shall be milled and overlaid, to a distance not less than twenty-five (25) feet each side
of the transverse cut/patch, measured in a longitudinal direction.
Longitudinal patches in excess of 100 feet in length shall require an engineered plan for review
and approval by the County. A cost estimate for repairs shall be included and the surety adjusted
to cover the cost ofthe repairs, plus a 15% administrative fee.
General:
Work on holidays and weekends shall not occur unless an exception is granted in writing by the
County. The County must be notified whenever work is planned for holidays and weekends to
determine if inspection services are necessary. This restriction does not apply to emergency
work as defined herein.
The Board of County Commissioners Will not encumber a public or private utility easement
across right-of-way owned by them for a public roadway. The Permittee shall not assume that
by way, of constructing, modifying; repairing and/or reconstructing any part of a utility system,
such act can be considered as granting authorization for a public, temporary or perpetual
easement(s) for the said utility., The Permittee understands that any utility placed within the
roadway right-of-way 'under a utility permit must be relocated, at the Permittee's expense, should
the County propose a roadway reconstruction or improvement project where the utility is in
............
conflict with the work proposed by the County. This includes horizontal and vertical position as
well as service connections to properties served.
Use of explosives shall be permitted only where necessary and as such, a minimum charge shall
be used. All applicable federal, state, and local regulations shall apply. When explosives are
contemplated; special inspections shall be performed by the County Inspector to observe any
heaving or movement of the existing pavements. If any pavement heaving or movement is
created by the blasting operation, the affected area shall be removed and reconstructed in
accordance with the County Standards and Specifications for design/construction.
11
Washington County, Maryland
Policy Manual
Material may not be stockpiled on the public road, such that it creates a safety hazard for the
motoring public or pedestrians, without prior approval by the County.
All mud and debris tracked and/or spilled onto the County road shall be promptly removed to
eliminate potential contamination to surface waters.
Pads must be used on all backhoe outriggers. No equipment with cleat wheels or tracks is
permitted on the existing paved roadway surface. Any damage to existing pavements caused by
...... ......
cleats or tracks shall be repaired by the Permittee.
The location of cabinet boxes shall not obstruct sight distance of roadway drivers. Additionally,
a clear zone as defined by AASHTO shall be provided as wide -as practicable between the edge
of the traveled way and the cabinet boxes. A minimum of ten (10) feet is recommended for
roadways with 750 average daily vehicle trips or less. Refer to AASHTO guidelines for further
guidance.
MAINTENANCE OF TRAFFIC:
Traffic, both vehicular and pedestrian must be maintained through all phases ofthe construction
or rerouted in a method acceptable to the County. All work activities within the public right-of-
way requires appropriate MOT controls to protect the motorist, pedestrians and workers. The
degree of controls required will be proportionate` to the characteristics of the roadway, roadway
classification, its traffic volumes and the type and extent ofthe work to be performed.
All required signs shall be placed prior to construction or placement of any equipment or
materials on site.
Construction personnel working within the public right-of-way shall don appropriate personal
protective clothing in accordance with the MUTCD, OSHA, MOSH, and ANSI requirements.
The Permittee shall submit a`site-specific traffic control plan for approval by the County when
either of the following conditions` exists:
• Work is propo11 sed on a roadway classified as a collector or higher functional
classification; or
• Proposed work is located within an area deemed urbanized by the County, with
significant vehicular and/or pedestrian traffic.
The County may waive this requirement for a site -specific MOT plan if it is determined the
roadway is under-utilized or if the work activity would not seriously affect traffic. This waiver
must be confirmed in written form from the County (letter, memo or electronic mail).
12
Washington County, Maryland
Policy Manual
The site specific MOT plan shall correctly depict the name of the affected roadways, physical
characteristics including the correct number of lanes, turn lanes, pavement markings, parking
lanes, medians, traffic islands, posted speed limits, and all intersecting roadways and affected
sidewalks within the proposed MOT plan. The MOT plan shall identify the proposed work zone
and staging areas. The MOT plan shall identify and provide specific locations for all traffic
control devices (i.e. signs, drums, taper lengths, cones, arrow panels, flaggers, variable message
boards, etc.) to protect the work zone. The MOT plan must conform to the provisions set forth in
the most recent editions of the Manual on Uniform Traffic Control Devices for Streets and
Highways (MUTCD).
Regardless of the level of traffic volume on the roadway, if a complete road closure is necessary
to complete the work, the Permittee shall submit for approval a MOT plan. Failure to :obtain an
approved MOT plan is just cause for the County inspector to issue a stop work order.
Surety is required to provide protection and insurance to the Board of County Commissioners
that the roadway affected by the proposed work will be repaired and returned to acceptable
condition meeting the satisfaction of the County and the repair will perform reasonably similar to
the unaltered pavement (i.e. without reducing the pavement life expectancy and riding comfort).
All utility permits (both individual and/or blanket) shall become null and void upon failure of the
Applicant/Permittee to maintain` active surety (individual and/or blanket) for the work
contemplated.
Individual Utilitv Permit':
A utility installation bond is required prior to issuance of the utility permit. The standard surety
value shall be $2 SOO.00 and is ,subject to increase depending on the scope and magnitude of the
work as determined by the County. The County may require the submission of an engineer's
estimate of construction costs to'validate the value of the surety to be posted. The County may
also request the value ofthe surety be increased to be commensurate with the work contemplated
(i.e. longitudinal patches 200 feet in length, special construction, etc.).
Surety for an individual utility permit shall remain in full effect for a period not less than one-
year from the time the utility work is complete and accepted, as verified by the County inspector.
Utilities and -Government Entities:
To avoid the posting of surety for individual utility permits, a blanket utility permit surety may
be posted by a public utility company or a government entity that owns and operates a public
utility service. Private property owners and private contractors may not post a blanket utility
surety, but must post individual surety for every utility permit obtained. The blanket surety may
be posted once and remain in effect to cover all work performed by that respective utility or
government entity, subject to renewal once every twenty-four (24) months. Having filed a
blanket utility permit surety will waive the requirement to post individual utility surety for each
utility permit obtained. The blanket surety value shall be twenty -thousand dollars ($20,000.00)
and is subject to increase depending on the scope of work as determined by the County.
13
Washington County, Maryland
Policy Manual
The County may require the submission of an engineer's estimate of construction costs to
validate the value of the surety to be posted. The County may also request the value of the
surety be increased to be commensurate with the work contemplated. The surety must remain
in continuous full effect.
The surety must remain in full effect for a period not less than one-year following the most
recent utility work completed and accepted, as verified by the County Inspector. Nothing in this
policy prevents a public utility or government utility from converting a blanket surety to an
individual surety.
CAUSES TO REJECT THE WORK AND EXERCISE THE POSTED SURETY:
The County may, upon failure of the Applicant/Permittee to comply with this policy/permit,
exercise the posted surety. Typical examples were the surety may be exercised or called upon
include, but may not be limited to:
• Applicant's failure to complete the work.'
• Applicant's use of a construction method not authorized under the Permit.
• Applicant causing pavement damage beyond the approved limits.
• Applicant's failure to correct any disruption to the adjoining drainage system(s).
• Applicant's failure to correct any damage of adjacent sidewalks.
• Applicant's failure to correct any earth disturbance or landscaping damage.
Failure upon the Applicant to implement, maintain and/or correct any deficiencies
associated with the approved MOT measures.
• Settlement of the utility patch area.
• Poor quality pavementworkmanship (waving, rumbled, shoved pavements, etc.).
• Ponding of water in and in the general vicinity of the utility pavement repair.
RESOLUTION OF PROBLEMS DISCOVERED DURING CONSTRUCTION:
The County is committed to seeing every project through completion in accordance with the
Permit. The, Permittee shall confer with the County Inspector on a regular basis to clarify the
County's requirements orresolve any problems or disputes during construction. Ifthe matter
cannot be resolved at this level, then a supervisor will intervene.
Problems with the approved plans or disputes over the requirements will typically be handled by
the County Inspector but may be referred back to a County supervisor.
Problems encountered during construction with the design or progress of the project, for
whatever reason, must be addressed to the satisfaction of the County in a manner that
does not compromise the functionality or integrity of the final product. Problems caused
by negligent design practices, incomplete plans, and the like will not be considered
"hardships". A functionally equivalent design, at the Permittee's effort and expense, is
expected to be implemented.
14
Washington County, Maryland
Policy Manual
Ifthere is a discrepancy between the actual elevations and the elevations shown on the
plans, the grade of the proposed curbing and paving shall be established by using the
actual elevations of the road edge. If, in the County's judgment, the discrepancy is
substantial enough to warrant formal plan revisions, such revisions shall be made by the
Permittee and submitted to the County for approval. The County Inspector shall have
the option of suspending the work in the affected portions of the permitted work until
the revisions have been approved.
EMERGENCY UTILITY CONSTRUCTION:
Public utility companies and/or government owned utilities, who have active surety posted with
the County, are authorized to proceed with work meeting the definition of emergency utility
construction provided the following procedure is followed,:
1. Project emerges, is evaluated and is believed to meet the Emergency Utility Construction
definition contained herein. -
2 If during the regular County working hours, a representative from the public utility
company or government owned utility shall appear to the Offices'ofPermits and
Inspections to apply for a utility permit and follow modified procedures outlined above
and below (emergency utility construction will be given the highest priority).
3. If during County non -working Hours, arepresentative from the public utility company or
government owned utility shall notify the County and leave a message on the
designated voice mail system providing the following information:
a. Agency making the notification and performing the work
b. Date and time planned to commence with the emergency utility construction.
c. Estimated duration oftime to complete the work.
d. The specific' -location; i.e. road name and address.
e. ' Type of utility being repaired.
f. Point of contact for field operations: Name and mobile telephone number.
4. The public utility company or government owned utility shall notify the County
via electronic mail. Provide the same information listed in item 2 above.
5. Following the emergency procedures for miss -utility notification.
6 Establish traffic control measures as appropriate for the work contemplated.
7. Establish excavation safety plan in conformance with OSHA/MOSH requirements.
8. Commence with the work and complete the work. Emergency Utility Construction
trenches shall be opened and closed in one single operation without interruption.
9. Notify the County and leave a message on the Emergency Utility Construction voice
mail system and email that the work is complete.
Amended
May 13, 1980
Effective
May 13, 1980
Amended
September 22, 1987
Effective
November 1, 1987
Amended
July 11, 1989
Effective
July 11, 1989
Amended
July 2011
Amended
December 12, 2023
15
4
Open Session Item
SUBJECT: Contract Award (PUR-1623) – Smithsburg WwTP Upgrades
PRESENTATION DATE: December 12, 2023
PRESENTATION BY: Rick F. Curry, CPPO, Director, Purchasing Department; Mark
Bradshaw, P.E., Director, Division of Environmental Management
RECOMMENDED MOTION: Move to award the contract for the Smithsburg WwTP Upgrades
project to the responsible, responsive bidder, HRI Bridge Company aka HRI, Inc. of State College,
PA who submitted the lowest Total Lump Sum bid in the amount of 10,444,290 and to approve a
Budget Transfer Request in the amount of $690,000 from account BLD073 ($400,000) and from
account TRP025 ($290,000) and transferred to TRP021 and the award is contingent upon MDE’s
approval of the Construction Bid Package.
REPORT-IN-BRIEF: The work to be performed by the Contractor on this project generally
includes but is not limited to: a new influent equalization tank, modifications to the influent pump
station, upgrade of the existing SBRs, a new pre-anoxic tank, upgrade of the UV disinfection
system, and a new chemical feed building with chemical storage tanks, as shown on the as
shown on contract plans, and described in the contract documents. The finished installation
shall be in perfect working condition and be ready for continuous and satisfactory operation. The
project is to be substantially completed within eighteen (18) months of the Notice to Proceed. The
County can assess liquidated damages in the sum of five hundred ($500) dollars for each
consecutive day that the project is not completed.
The bid was advertised in the local newspaper, listed on the State of Maryland’s “eMaryland
Marketplace Advantage” website and on the County’s web site. Ten (10) companies were
represented at the pre-bid teleconference. Sixty-one (61) persons/companies
registered/downloaded the bid document on-line. Five (5) bids were submitted as indicated on the
attached bid tabulation matrix.
DISCUSSION: N/A
FISCAL IMPACT: Funds in the amount of $9,812,043.55 are available in the Division’s Capital
Improvement Project (CIP) account TRP021.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Bid Matrix Tabulation, Budget Adjustment Form
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
PUR-1623
Smithsburg WwTP ENR Upgrade Expansion
Item Description Unit Total Price Total Price
1
Construction of Smithsburg WwTP ENR
upgrade and expansion, complete in place as
specified and indicated on the Construction
Drawings
LS 1 $11,077,000.00 $11,077,000.00 $10,411,000.00 $10,411,000.00
C-1
C-2 Aggregate (Stone) Backfill CY 75 $50.00 $3,750.00 $110.00 $8,250.00
C-3 Soil Backfill CY 25 $40.00 $1,000.00 $70.00 $1,750.00
C-4 Electrical Outlets EA 10 $1,400.00 $14,000.00 $895.00 $8,950.00
C-5 Concrete Spalling Repair LB 20 $140.00 $2,800.00 $142.00 $2,840.00
* Corrected calculations based on unit pricing
Remarks / Exceptions:
HRI Bridge Co. ada HRI, Inc.
State College, PA
$10,411,000.00
$33,290.00
$10,444,290.00
Total Base Bid Item 1 $11,077,000.00
Total Sum Contingent Items C-1 through C-5
Total Sum Bid
Base Bid Item 1 and Contingent Items C-1 throught C-5
Conewago Enterprises, Inc.
Hanover, PA
$31,550.00
$11,108,550.00
Bids Opened: 9-27-23
PUR-1623
Smithsburg WwTP ENR Upgrade Expansion
Item Description Unit Total Price
1
Construction of Smithsburg WwTP ENR
upgrade and expansion, complete in place as
specified and indicated on the Construction
Drawings
LS 1 $11,886,285.00 $11,886,285.00 $13,941,600.00
C1
C2 Aggregate (Stone) Backfill CY 75 $55.00 $4,125.00 $125.00
C3 Soil Backfill CY 25 $40.00 $1,000.00 $125.00
C4 Electrical Outlets EA 10 $1,550.00 $15,500.00 $2,200.00
C5 Concrete Spalling Repair LB 20 $175.00 $3,500.00 $20.00
*
* Corrected calculations based on unit pricing
Triton Construction, Inc.
Saint Albans, WV
Total Price
$13,941,600.00
$13,941,600.00
$400.00
$22,000.00
$3,125.00
$9,375.00
$38,400.00
Remarks / Exceptions:
HRI Construction LLC aka M2
Construction LLC in MD
Lancaster, PA
Total Sum Bid
Base Bid Item 1 and Contingent Items C-1 throught C-5 $11,940,410.00 $0.00
Base Bid Item 1 $11,886,285.00
Total Sum Contingent Items C-1 through C-5 $54,125.00
Bids Opened: 9-27-23
PUR-1623
Smithsburg WwTP ENR Upgrade Expansion
Item Description Unit Total Price
1
Construction of Smithsburg WwTP ENR
upgrade and expansion, complete in place as
specified and indicated on the Construction
Drawings
LS 1 $15,557,800.00 $15,557,800.00
C1
C2 Aggregate (Stone) Backfill CY 75 $86.00 $6,450.00
C3 Soil Backfill CY 25 $30.00 $750.00
C4 Electrical Outlets EA 10 $1,800.00 $18,000.00
C5 Concrete Spalling Repair LB 20 $500.00 $10,000.00
$64,200.00
$15,622,000.00
$15,557,800.00
W.M. Schlosser Company, Inc.
Hyattsville, MD
Base Bid Item 1
Total Sum Contingent Items C-1 through C-5
Total Sum Bid
Base Bid Item 1 and Contingent Items C-1 throught C-5
Bids Opened: 9-27-23
�4
C
C
O
Y
v
�a
N
aJ
v
Y
�
V
cu
V
S
-
+,
0
0
`^
VCL
U-
I
O
v
0
C
a1
n
v
Q
_
C
a1
d
3
>
O
a
ro
(
of
0
L
t
v
Z
>
O
Q
v
cc
3
>
O
0-
r6
v
of
O
o
O
�
N
n
a)
of
E
O
U-
+-
� C:� v
lJ
C
0
Q
a"'
N
>m
m
IMI
O O
Q
Q Q
Q
O
M O
t; n
E E
E E
Q u
C C
� 7
V U
v
E
z
c
ra
v
E
M
M
Ln V1
7
N
N
n
^
N N
z
a
0-
0
a a
V
Cc
J
J
m
m
C
, O O O O O O
E
E O O 00 00 CD C)
C
S E
N
m
N
ro
Nn
M
m
00 W
m M
U- O
Z
�
v
E
+O+ O
Z
N
ONM
m
N
m
rn
N O�
C
O
m
O
01%
O 0�
Q
�
Ln
�
Ln
� Ln
X V
w
Q
L
C.,
Open Session Item
SUBJECT: Adoption of the Revisions to the County’s Procurement Policies
PRESENTATION DATE: December 12, 2023
PRESENTATION BY: Rick F. Curry, CPPO, Director of Purchasing
RECOMMENDED MOTION: Move to adopt the revisions to the County’s Procurement
Policies.
REPORT IN BRIEF: The revisions are to update the procurement-related policies thresholds
that were increased by this Board on July 27, 2023. Since The revisions are a minor update to the
existing policies, it was not feasible to show the differences via a track-changed document, which
consists of ninety-nine pages. (Note: Present policies may be found on the County’s website:
https://www.washco-md.net/wp-
content/uploads/ProcurementPolicyManual2013FinalDraftrevised3-5-2020.pdf
Previous Procurement Thresholds
Current Procurement Thresholds
$0 - $2,499.99 ~
$2,500 - $9,999.99 ~ 3 Telephone Quotes
$10,000 – $49,999.99 ~ Formal Quotation (RFQ)
$50,000.00 – up ~ Formal Bid (ITB)
Request for Proposal (RFP) – Any job/service over $50,000.00 that
$0 - $7,499.99 ~
$7,500 - $14,999.99 ~ 3 Telephone Quotes
$15,000 – $49,999.99 ~ Formal Quotation (RFQ)
$50,000.00 – up ~ Formal Bid (ITB)
Request for Proposal (RFP) – Any job/service over $50,000.00 that
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Items of significance are as follows:
SECTION 1.1: Purpose of Procurement Policy Revisions - Increasing the Small
Purchase limits from $2,500 to $7,499.99 at which limit the processing of quotations
and Purchase Orders are required.
Centralized: These policies are to be followed by anyone who has the authority to act
as an agent of the County in the procurement of all goods and services for purchases
exceeding $2,500.00. The Purchasing Department also has the authority to process
bids/proposals resulting in award recommendations to the Mayor and Council for
contracts that exceed $25,000.00 as requested by and on behalf of the City of
Hagerstown, Maryland.
Decentralized: These policies are for the benefit of County personnel responsible for
the Procurement of goods and services for their agency in an amount not to exceed
$2,500.00 which amount is set by the Board. The County’s Director of Engineering
and Construction Management or designee shall have the authority to act on behalf of
the Purchasing Director to process bids resulting in contracts that exceed the formal bid
limit set forth in the Code of the Local Public Laws of Washington County, Section 1-
106, for the purchase of construction services as it relates to that department/division.
SECTION 2.2: Authority
The Board established the Purchasing Department in 1976. The Purchasing Department
is located in the Washington County Administration Building, 100 West Washington
Street, Third Floor, Room 320, Hagerstown, MD 21740-4748 and can be contacted via
telephone at 240-313-2330, or through the County’s web site at www.washco-md.net.
SECTION 2.7: Purchase Order/Contract Signatory Authorities and Approval
Thresholds
Only the Board has the authority, or may designate the authority, to commit funds. The
Board of County Commissioners authorizes spending limits and contract signing
authority as follows: Using Agency: $.01 to $2,500.00 Purchasing Department:
>$2,500.00 to formal bid limit set forth in the Code of the Public Local Laws of
Washington County, Section 1-106 Board Approval and Contract Execution: A
contract amount that exceeds the formal bid limit set forth in the Code of the Public
Local Laws of Washington County, Section 1-106) The Purchasing Director has
authority to execute Purchase Orders of any dollar amount that are in compliance with
the above approval thresholds and have received Board approval, if required. The
Board, the County Administrator and other appropriate County officials shall be kept
apprised of procurement activities. The Board may approve/reject recommendations
made for its consideration at its discretion. Authority is granted for using agencies to
obtain quotes and transact purchases, including contract execution, up to $2,500.00 for
items or services that are funded in the using agency’s budget without the Processing
of a Purchase Order unless required by the vendor. Further, the using agencies are
granted the authority to obtain quotes for purchases of $2,500.00 through$10,000.00.
Once the quotes have been received, a Purchase Order – along with quotation
information, must be entered into the financial software system for processing by the
Purchasing Department. If the request is in compliance with all policies, a Purchase
Order (also considered a contract) and any accompanying contract will be processed
by the Purchasing Department authorizing the vendor to provide the goods and/or
services requested. Any authorization of a purchase exceeding $2,500.00 to a vendor
without a Purchase Order is not valid. Any agency requiring assistance for any
purchase, regardless of the estimated cost, should contact the Purchasing Department.
SECTION 3.1: Procurement Methods Not Requiring Formal Solicitation -All
purchases and contracts shall be procured competitively with the exception of
purchases or contracts made using the following exemptions:
• Procurements of $2,500.00 or less.
• Services or purchases made from another contract or agreement written by another
Federal, State, County, City government agency, or government cooperative for
identical goods or services. The agreement or contract must have been formally
competed or renewed within the last twelve (12) months by the Federal, State, County,
or City Government Agency.
• Purchases directly from federal, state, county or other governmental units.
• Subscriptions for magazines, books, or periodicals.
• Purchases from the County stockroom.
• Dues. • Advertisements, i.e. newspapers and periodicals.
• Postage.
• Insurance claim repairs/replacements.
• Advances or expenses related to official travel or attendance at conventions, seminars
or schools.
• Professional services with an annual cost not to exceed the formal bid limit set forth
in the Code of the Public Local Laws of Washington County, Section 1-106 with
justification approved by the Purchasing Director.
• Proprietary training consultants or training classes.
• Professional Legal Services to represent the interests of the County in connection with
threatened or pending litigation.
• If there is a critical time element in obtaining materials, the County may consider
using the last supplier and his/her price without further price checking of the particular
item if the elapsed time is no more than twelve (12) months and there is a rush status
to a purchase that does not exceed the formal bid limit set forth in the Code of the
Public Local Laws of Washington County, Section 1-106.
SECTION 3.2: Small Purchases of Less Than the Formal Bid Limit Set Forth in
the Code of the Public Local Laws of Washington County, Section 1-106 -
Expenditures for the procurement of supplies, equipment, materials, or services having
an estimated value of less than the formal bid limit set forth in the Code of the Public
Local Laws of Washington County, Section 1-106 may be made on the open market by
informal procurement methods, without public notice and without following formal
procurement methods. Procurement requirements shall not be artificially divided so as
to constitute a small purchase under this policy. The types of informal procurement
methods are:
Single Quote. A single quote may be obtained to purchase goods or services in the
amount of $2,500.00 or less. The using agency may request that the vendor provides a
written quote containing all details of the purchase, i.e., date of delivery, freight costs,
discounts, warranty, etc. 17 It is suggested that, when time allows, agencies may obtain
competitive quotes, either written or by telephone, to ensure that that using agency is
getting the best value for the County.
Informal Quotes. Informal quotes should be used to purchase goods/services greater
than $2,500.00 and not exceeding $10,000.00, including those goods whose daily
pricing fluctuates under changing market conditions or during a declared emergency.
The caller shall make every effort to obtain at least three (3) competitive quotes. A
sample Informal Quote form is included herein as Appendix B. The using agency shall
then submit an on-line Purchase Order request for approval of the purchase and include
all quotation information.
Request for Quotations (RFQ). A Request for Quotations should be used to purchase
goods in excess of $10,000.00 and up to and including an amount not to exceed the
formal bid limit set forth in the Code of the Public Local Laws of Washington County,
Section 1-106. The Request for Quotations form shall be issued to at least three (3)
qualified vendors by either the using agency or the Purchasing Department. Vendor
responses shall then be received and tabulated. Award shall be made by the Purchasing
Department to the responsible vendor offering the lowest responsive quotation based
upon the best value determination to the County. The Purchasing Department shall
retain in its files the original Request for Quotations and all original responses to the
Request for Quotations. The using agency shall submit an on-line Purchase Order
request for approval of the purchase.
SECTION 3.5 An emergency condition is a situation that creates a threat to public
health, welfare, or safety such as may arise by reason of floods, epidemics, riots,
equipment failures, or other such reason as proclaimed by a using agency. The
existence of such condition creates an immediate and serious need for supplies,
equipment, materials, and services that cannot be met through normal procurement
methods and the lack of which would threaten the function of County government, or
the health, safety or welfare of County residents. County using agencies may make
emergency procurements when an emergency condition arises, and the need cannot be
met through normal procurement methods. An emergency procurement shall be limited
only to a quantity of those 19 supplies, equipment, materials, or services necessary to
meet the emergency. There shall be no delay for the purposes of purchasing emergency
goods and/or services.
• In cases of emergency, the governing body of the local government may authorize the
expenditure of funds in excess of the budget by ordinance or resolution duly adopted
by a majority vote of such governing body.
• If the expense exceeds $2,500.00 and the emergency occurs during normal County
business hours (7:30 a.m. – 4:30 p.m., Monday through Friday), the Purchasing
Department shall be contacted (in person or by telephone) for guidance on the
appropriate action needed to handle the purchasing emergency.
• If the emergency occurs outside of normal business hours, the only emergency
purchases authorized are those related to the maintenance and repair of County
facilities, to the emergency maintenance of County vehicles and emergency conditions
related to the operation of the Sheriff’s Office, Division of Emergency Services,
Division of Environmental Management, and Division of Public Works activity. Man
made emergencies through neglect must be avoided. A typical example of this situation
is the depletion of stock due to failure to anticipate needs in advance of requirements.
All emergency orders exceeding $2,500.00 will be brought to the attention of the using
agency’s Division Director and/or the County Administrator. It shall be the
responsibility of the respective using agency head and the Purchasing Director to keep
the practice of making emergency purchases to an absolute minimum. Emergency
purchases are made hurriedly, usually on a noncompetitive basis, and almost always at
top prices. The use of an emergency purchase to circumvent normal purchasing
procedures will not be permitted.
SECTION 3.8 Use of State or Other Governmental Entity Awards - When a
particular commodity/service is available on a State or other governmental contract, a
using agency may purchase from the contract at the price contracted/negotiated by the
state or other governmental entity via a Purchase Order. A using agency must obtain a
copy of the contract information for providing to the Purchasing Department and
reference the contract or award number on the Purchase Order for procurements over
$2,500.00. For any intergovernmental contract procurement that exceeds the formal bid
limit set forth in the Code of the Public Local Laws of Washington County, Section 1-
106, approval must first be granted by the Board in accordance with Section 1-106.3
of the Code of the Public Local Laws of Washington County, Maryland.
SECTION 3.53: Written Justification - A written justification by the using agency
head, or designee, shall be included for all procurements that exceed the competition
threshold of $2,500.00 that were awarded as “Sole Source”. This justification shall
completely explain the rationale used in determining “sole source”, as well as the
determination that the awarded price is “fair and reasonable”, using an element of price
analysis justifying the total cost.
DISCUSSION: N/A
FISCAL IMPACT: N/A
CONCURRENCES: Chief Financial Officer
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Lf�
A R' Y L A N
SUBJECT: Budget Amendment
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
PRESENTATION DATE: December 12, 2023
PRESENTATION BY: Mark D Bradshaw, PI — DEM Director
RECOMMENDED MOTION: Approve the attached budget amendment in the amount of
$31,080.00
REPORT -IN -BRIEF: A 2022 Chevy Colorado was involved in an accident on July 7, 2023 and was
totaled by the insurance company.
DISCUSSION: On July 7, 2023 a vehicle exiting I-70 failed to yield the right-of-way and pulled out
in front of the 2022 Chevy Colorado. The driver served to miss the vehicle but clipped the front end
causing the Colorado to roll over several times. The insurance company determined the Colorado a
total loss and paid the County $31,080.00. Since the vehicle was purchased with Water Quality funds,
we request the payment be deposited in Water Quality's vehicle CIP account.
FISCAL IMPACT: NA
CONCURRENCES:NA
ATTACHMENTS: Budget Amendment
W,
n
on
on
W
O
O
C7
n
n
a
-moo
a
.cf
.ci
N
a l
Z
n
a
m
o
o
c c
3
3
�'
m
n
�*
m
m
m
� d
O-
N•
N•
J
o
D
to
ti
O
n
N
a
N
ti
_S
>
rh O
n
0
-
m
Q
Dio
�
3 C
v
v
o
°a
°
C o
Q
o
m
a
o.
m
-
0
IRL
J
G
Z �
T7
O
3
o
N
N
I Q
0
III
Ip
d
S
,�
T�!
G
3
p
—
o
3
O'
!
I
W
O
W
2
Ln
J
S
�
Z
i
I
o o
II. o o
�
n
o N
i o N
O
J
I I
S
w
I
J
3
3
m
J
f1
C
C
C
-O
C
d
C
N
N
'O
0
O
O
fU
N
Q
N
n
1
~
n
N
m
T
<
I
3
+ IS
N
�
I
Ili g
Open Session Item
SUBJECT: Insurance Renewal for Washington County Volunteer Fire & Rescue Association
beginning January 1, 2024 through December 31, 2024
PRESENTATION DATE: December 12, 2023
PRESENTATION BY: Tracy McCammon, Risk Management Coordinator and Patrick Buck, CBIZ
Insurance Services
RECOMMENDED MOTION: Move to renew the commercial property, auto and casualty package
with VFIS Insurance Company at the estimated premium of $510,891, worker’s compensation
insurance with Chesapeake Employers Insurance Company at the estimated premium of $363,279 and
cyber liability with BCS Insurance Company at the estimated premium of $16,790.
REPORT-IN-BRIEF: Renewal quotes from insurance carriers are reflected in the attached premium
comparison.
DISCUSSION: Original premium quotes that were received early on showed an increase of over 30%.
CBIZ worked with carriers to successfully negotiate the increase down to 19%. However, VFIS has
increased our deductible on the auto policy to $2,000 and the inland marine policy to $1,000.
FISCAL IMPACT: Total premium for all coverages is $873,225. Actual premiums paid in CY2023
were $732,524. Though premiums increased, we did budget for this increase in the upcoming budget.
VFIS requires a down payment of $121,215 due on January 1, 2024. The remaining balance will be
paid in nine monthly installments. Chesapeake Employers Insurance also requires a down payment of
$69,116 on January 1, 2024. Again, the remaining balance will be paid in nine monthly installments.
CONCURRENCES: Michelle Gordon, County Administrator
ALTERNATIVES: Complete market bids with lapse in coverage
ATTACHMENTS: Premium comparison
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
2023 2024
Coverage
Annualized Estimated
Property $71,471 $71,040 -$431 -1%
Crime $11,599 $11,599 $0 0%
Portable Equipment $5,971 $4,927 -$1,044 -17%
Automobile $263,194 $295,594 $32,400 12%
General Liability $30,100 $42,029 $11,929 40%
Management Liability $13,882 $14,420 $538 4%
Umbrella $34,209 $39,501 $5,292 15%
Workers Compensation $253,874 $345,544 $91,670 36%
Smithsburg Emergency Medical Service Cyber $3,235 $2,925 -$310 -10%
Williamsport Volunteer Fire & EMS Cyber $3,475 $3,150 -$325 -9%
The Volunteer Fire Company of Halfway, MD Inc. Cyber $3,815 $3,475 -$340 -9%
Community Rescue Service Co. Cyber $4,224 $4,540 $316 7%
Washington County Volunteer Fire and Rescue Association Cyber $2,270 $2,700 $430 19%
Accident (AD&D) $31,205 $31,781 $576 2%
Open Session Item
SUBJECT: Contract Award (PUR-1666) – Clear Spring Library Hot Water Boiler Replacement
PRESENTATION DATE: December 12, 2023
PRESENTATION BY: Andrew Eshleman, P.E., Director, Division of Public Works; Danny
Hixon, Deputy Director Public Works – Buildings, Grounds and Facilities.
RECOMMENDED MOTION: Move to award the contract for the Clear Spring Library Hot
Water Boiler Replacement project to the lowest responsible, responsive bidder, Mick’s Plumbing
and Heating A/C of Thurmont, MD who submitted the total lump sum bid in the amount of
$105,600 and to execute a budget adjustment from the CIP Reserve Account to the Library
Systemic Projects Account.
REPORT-IN-BRIEF: The existing oil hot water boiler developed an unrepairable major leak in
the cast iron water circulation unit, necessitating replacement. The Clear Spring Library has since
been operating with the heat pump as its primary heat source. A new similarly sized oil hot water
boiler would take approximately 6 months to manufacture and deliver. A dual unit liquid propane
system with a shorter 1-2 week procurement lead time was designed as a replacement option that
will also provide greater long term operational efficiency. The work includes removing and
decommissioning the existing oil hot water boiler and tank and replacement with a dual unit liquid
propane hot water boiler system including the necessary piping, ducting, electrical and system
controls needed to complete the work.
The finished installation shall be in perfect working condition and be ready for continuous and
satisfactory operation.
The project is to be substantially completed within thirty (30) consecutive calendar days of the
Notice to Proceed. The County can assess liquidated damages in the sum of one hundred ($100)
dollars for each consecutive day that the project is not completed.
This work was solicited via request for pricing from three prospective bidders. Two bids, were
received, one which was deemed responsive to the request for pricing.
According to the Purchasing Policy This situation created a threat of equipment failure, or other
such reason as proclaimed by a using agency. The existence of such condition creates an
immediate and serious need for the equipment, materials, and services that could not be met
through normal procurement methods and the lack of which would threaten the function of the
Library. The County may make emergency procurements when an emergency condition arises,
and the need cannot be met through normal procurement methods. An emergency procurement
shall be limited only to a quantity of those supplies, equipment, materials, or services necessary
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
to meet the emergency. There shall be no delay for purposes of purchasing emergency goods
and/or services.
DISCUSSION: N/A
FISCAL IMPACT: $105,600. A budget adjustment in the amount of $71,000.00 from the CIP
Reserve 498710 to the Library Systemic Projects Account BLD075 is required. The engineer’s
estimate for the work was $100,000.
CONCURRENCES: Purchasing Director
ALTERNATIVES: N/A
ATTACHMENTS: Bid Tabulation, Budget Adjustment Form
AUDIO/VISUAL NEEDS: N/A
PUR-1666
Mick's Plumbing, Heating
Beaver Mechanical
Item No.
Item
Unit
Qty
Unit
Total
Unit
Total
Description
Price
Price
Price
Price
Hot Water
1
Boiler
LP
Lump
$105,600.00
$105,600.00
$99,000.00
$99,000.00
Sum
Re lacement
2
Propane Gas
Lump
$2 100.00
$2,100.00
regulator
Stun
3
4
TOTAL LUMP SUM BASE BID AND
$107,700.00
$99,000.00
UNIT PRICE ALLOWANCES
Remarks / Exceptions:
*Not Responsive. Bid price did not include pricing for total scope of work.
�. 0 Washington County, Maryland
Budget Adjustment Form
SOCC Approval Date Of known)
(7)O Budget Amendment Deputy Director - Finance
(a) Budget Transfer
Prepare;, If applicable
Department Head Authorization Sign
Division Director l Elected Official Authorization Sign
Sign
Sign
Expenditure!
Department
Fund Number
Account Number
Number
Project Number
Grant Number Activity Code Department and Amount Description Increase (Decrease)+f-
498710 30
11910
BLD075
0000 Capital Transfer - General 71.000.00
599999 30
11910
BLD075
CNST Systemic Projects - Library 71,WO.00
Explain Budget Additional funds are needed to be able to complete the Clear Spring Library baler replacement project, Funds will come out of the capital reserve.
Adjustment
Attach Additional Items Upload
Approve Reject
Comments 2000 characters left
Open Session Item
SUBJECT: Fort Ritchie Redevelopment-Outstanding Tap Fees
PRESENTATION DATE: December 12, 2023
PRESENTATION BY: Zachary J. Kieffer, Deputy County Attorney
RECOMMENDED MOTION: Seeking consensus to enter into the attached MOU with John
Krumpotich’s limited liability companies.
REPORT-IN-BRIEF: After hearing from John Krumpotich about challenges associated with
redevelopment of the former Ft. Ritchie military base, Board of County Commissioners to engage with
Mr. Krumpotich and his attorney to negotiate the MOU, attached hereto.
DISCUSSION: Presently, tap fees owed in connection with Fort Ritchie Redevelopment total
$941,067.58. The attached MOU contemplates forgiveness of water and sewer tap fees owed by
Krumpotich and/or his entities in the amount of $200,000.00. MOU also includes a provision for
repayment of remaining balance of tap fees ($741,067.58) over a period of 5 years.
FISCAL IMPACT: $200,000.00 in outstanding tap fees not collected. However, MOU may resolve this
issue and allow County to collect the remaining $741,067.58 and resolve the matter.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Draft MOU
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (the “MOU”) is entered into on this
____ day of ____________, 20__, by and between Barrick’s Bequest, LLC (“Barrick’s),
Cascade Property, LLC (“Cascade”) and Ritchie Holding, LLC (“Ritchie”), each a Maryland
limited liability company whose address is 25009 Lake Wastler Drive, Cascade, Maryland 21719
(collectively, “Developer”) and the Board of County Commissioners of Washington County,
Maryland, a body corporate and politic of the State of Maryland whose address is 100 W.
Washington Street, Hagerstown, MD 21740 (“County”).
RECITALS
A. John W. Krumpotich (“Krumpotich”) is an individual resident of the State of
Maryland, involved in development and redevelopment efforts of a tract of land
commonly known as the former Fort Ritchie Military Reservation, Washington
County, Maryland (the “Property”), as more fully described in an Agreement of Sale
of Real Property dated November 5, 2019, as amended, between the County and
Krumpotich, individually (the “Agreement”). Krumpotich is a principal of Barrick’s,
Cascade, and Ritchie.
B. The County conveyed the Property to Cascade, pursuant to a Deed dated April 8,
2021, and recorded among the Land Records of Washington County, Maryland in
Liber 6578, folio 0038. Cascade remains the record owner of a majority of the
Property.
C. Ritchie is the record owner of a portion of the Property, by virtue of a Deed from
Cascade, dated August 20, 2021, and recorded among the said in Liber 6732, folio
500 (Map: 0028, Parcel: 0176), consisting of +/- 12.23 acres and improved by 58
townhomes.
D. Barrick’s is the owner of a portion of the Property, commonly referred to as the
“Finger Buildings”.
E. The County provides water and sewer treatment services to the Property through the
County-owned public water and sewer system, generally known as the “Highfield
System.”
F. In the course of Developer’s ownership, rehabilitation and ongoing development of
the Property, and the County’s available water and sewer service allocation utilized
by the Developer, certain matters have arisen between the Developer and County,
which the parties agree to resolve in accordance with the terms more particularly set
forth herein.
NOW THEREFORE, in consideration of the mutual promises contained herein, to be
kept and observed by the respective parties, hereto, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. Incorporation of Recitals. The Introduction and Recitals set forth above are
incorporated herein and made a part hereof.
2. Outstanding Tap Fees.
a. The parties agree that certain fees (“Tap Fees”) arising from Developer ’s
utilization of available water and sewer capacity allocation within the
Highfield System, to provide water and sewer service to certain residential
and commercial buildings within the Development to the Highfield System,
are due and owing to the County from Developer.
b. Tap Fees are due to be paid to the County as a condition of the County issuing
a use and occupancy certificate. The use and occupancy certificates were
issued to the respective commercial and residential buildings by the County.
c. The amount of Tap Fees owed to the County are as follows:
i. Commercial building allocation fees: $370,800.00
ii. Residential building allocation fees: $515,066.00
iii. Water meter fees: $55,201.58
iv. Total: $941,067.58
(the “Outstanding Tap Fee”).
3. Waiver and Payment of Outstanding Tap Fee .
a. In furtherance of the ongoing efforts by Developer to redevelop the Property,
which the County believes to be of benefit to both the community of Cascade
and Washington County, the County hereby waives and forgives a portion of
the Outstanding Tap Fee in the amount of Two Hundred Thousand and 00/100
Dollars ($200,000.00).
b. The parties agree that the remaining Tap Fee which shall be paid to the
County in the amount of Seven Hundred Forty-One Thousand Sixty-Seven
and 58/100 Dollars ($741,067.58).
c. Developer shall repay the Tap Fee in five annual installments of One Hundred
Forty-Eight Thousand Two Hundred Thirteen and 52/100 Dollars
($148,213.52). The first installment payment shall be made by Developer
January 5, 2024 (the “Payment Date”). Each of the following installments
shall be paid on each subsequent and consecutive anniversary of the Payment
Date.
d. The parties agree that upon the final payment of the Tap Fee on the fifth (5 th)
anniversary of the Payment Date, all issues concerning the Outstanding Tap
Fee shall be deemed to be resolved and the Outstanding Tap Fee will be
considered, “paid in full.”
e. The parties acknowledge that this MOU does not abrogate, affect or waive
Developer’s obligation to the County for future Tap Fees due as a condition of
the issuance of use and occupancy certificate(s) for buildings within the
Property to the Highfield Systems.
f. Developer agrees that future Tap Fees shall be paid to the County in
accordance with applicable County statutes, ordinances and regulations.
Nothing contained in this MOU shall be construed to waive or exempt
Developer from any future Tap Fees.
g. In the event Developer fails to pay an installment of the Outstanding Tap Fee,
upon fifteen (15) days’ written notice from the County, the Developer shall be
in breach of this MOU, and the entire unpaid amount of the Outstanding Tap
Fee shall be immediately due and owing. If the County is required to engage
or employ an attorney to commence legal proceedings or otherwise enforce
the terms of this MOU, Developer shall reimburse County for all enforcement
costs, including reasonable attorneys' fees. If the Developer is required to
engage or employ an attorney to commence legal proceedings or otherwise
enforce the terms of this MOU, County shall reimburse Developer for all
enforcement costs, including reasonable attorneys’ fees.
4. Assignment. Developer may assign, upon prior written notice to the County of both
the intent to assign and the identity of the contemplated assignee, its rights under this
MOU, subject to County approval, which shall not be unreasonably withheld.
5. Entire Agreement, Severability and Amendment.
a. This MOU constitutes the entire agreement and understanding of the parties
with respect to the subject matter herein and supersedes all prior discussions,
negotiations, understandings, or agreements relating to this MOU.
b. If any provision is found to be invalid, the remainder of the provisions of this
MOU, and the application of such provision to persons or circumstances other
than those to which it is found to be invalid, shall not be affected thereby.
c. This MOU may only be amended which shall be approved in writing and
signed by the parties hereto.
6. Counterpart Signatures. This MOU may be executed in multiple counterparts, each
of which shall be deemed an original, and all of which together shall constitute one
and the same instrument. Signatures, including notary signatures, provided by
electronic means including, by way of example and not limitation, facsimile, Adobe
PDF, and sent by electronic mail, or via an electronic signature program, shall be
deemed to be original signatures.
7. Captions. The captions in this MOU have been inserted solely for convenience of
reference and are not a part of this instrument. Accordingly, the captions shall have no
effect upon the construction or interpretation of the provisions of this MOU.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Developer and the County have hereunto set their hands
and seals.
ATTEST: DEVELOPER
BARRICK’S BEQUEST, LLC
A Marland limited liability company
__________________________ By: _______________________________ (SEAL)
John W. Krumpotich, Member
CASCADE PROPERTIES, LLC
a Maryland limited liability company
__________________________ By: ______________________________ (SEAL)
John W. Krumpotich, Member
FORT RITCHIE DEVELOPMENT, LLC
a Maryland limited liability company
__________________________ By: ______________________________ (SEAL)
John W. Krumpotich, Member
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
___________________ By: _________________________________
Dawn L. Marcus John F. Barr, President
County Clerk
Approved as to legal form and sufficiency.
_____________________________
Zachary J. Kieffer
Deputy County Attorney
Open Session Item
SUBJECT: Agriculture – Faces of Farming Presentation
PRESENTATION DATE: Tuesday, December 12, 2023
PRESENTATION BY: Leslie Hart, Business Development Specialist, Department of Business and
Economic Development
RECOMMENDED MOTION: N/A
REPORT-IN-BRIEF: “Faces of Farming” is an agricultural-focused video marketing campaign that
will showcase two local Washington County farms every month, for one year. The “Faces of Farming”
marketing videos will be showcased on the County’s website, as well as Facebook and other social
media platforms, and will target a new industry and highlight a local farmer from that specific
agricultural industry. Additionally, the Faces of Farming marketing campaign will be utilized in
Washington County Public Schools as an agricultural education element focused on kindergarten to
Fifth grade students to connect Washington County youth directly with local farms.
DISCUSSION: Washington County’s agricultural business represents the backbone of the County’s
landscape. With over 900 operating family farms and $153,725,000 in market value of products sold,
agriculture is the largest economic driver in Washington County. The “Faces of Farming” marketing
campaign will aim to educate residents in Washington County, along with the surrounding States and
Counties, about the economic impact of the Ag industry. Additionally, these videos will be used for
agricultural education to numerous streams around Washington County, such as, 4-H and FFA (Future
Farmers of America) meetings, Ag Expo and Fair, and they will be available on the Washington County
Ag App and website.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: Yes - Faces of Farming Videos: Green Hill Farm of Sharpsburg and
Beaver Creek Farm of Hagerstown Maryland.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form