HomeMy WebLinkAbout210112aJeffrey A. Cline, President
Terry L. Baker, Vice President
Krista L. Hart, Clerk
BOARD OF COUNTY COMMISSIONERS
January 12, 2021
OPEN SESSION AGENDA
In response to the existing State of Emergency, this meeting of the Board of County Commissioners will be conducted with a
virtual component allowing for Commissioner and Staff participation via remote video conference. The meeting will be live
streamed on the County’s YouTube and Facebook sites.
10:00 AM CALL TO ORDER, President Jeffrey A. Cline
APPROVAL OF MINUTES: November 17, 2020 as revised and December 15, 2020
10:05 AM COMMISSIONERS’ REPORTS AND COMMENTS
10:25 AM STAFF COMMENTS
10:30 AM 2020 SALARY STUDY COMMISSION ORDINANCE – Kirk C. Downey, County Attorney
10:35 AM CONTRACT AWARD (PUR1481) FACILITY DESIGN SERVICES REQUIREMENTS
CONTRACT – Rick Curry, Director, Purchasing; Andrew Eshleman, Director, Public Works
10:40 AM CONTRACT AWARD (PUR1484) FIRE COMPANY SPECIAL PROCEDURES AND
AUDITING SERVICES – Rick Curry, Director, Purchasing; Sara Greaves, CFO
10:45 AM ELECTRONICS RECYCLING PRICING – Dave Mason, Deputy Director, Solid Waste
10:55 AM EXPRESS APPROVAL – TOWN OF HANCOCK ANNEXATION OF THREE (3)
PARCELS – Jill Baker, Director, Planning & Zoning
11:05 AM RESTAURANT RELIEF GRANT PHASE II & HOTELS / LODGING PROVIDER
GRANT – Susan Small, Director, Business Development
11:15 AM REQUEST FOR EXTENSION OF FORT RITCHIE PURCHASE CONTRACT – Kirk
Downey, County Attorney
11:25 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)
11:55 AM ADJOURNMENT
Cort F. Meinelschmidt
Randall E. Wagner
Open Session Item
SUBJECT: 2020 Salary Study Commission - Ordinance
PRESENTATION DATE: January 12, 2021
PRESENTATION BY: Kirk C. Downey, County Attorney
RECOMMENDED MOTION: To determine and set the salary for the Board of Education
included in the recommendations of the 2020 Salary Study Commission, after receiving
consensus from said organization. Move to adopt the attached ordinance setting the salaries as
indicated therein for the offices of County Commissioners, Board of Education, Board of Liquor
License Commissioners, Judges of the Orphans’ Court, Sheriff, and Treasurer.
REPORT-IN-BRIEF: At the regular meeting on December 1, 2020, the Board reached
consensus for the establishment of five of the six organization salaries in consideration of the
2020 Salary Study Commission’s recommendations. Pursuant to Md. Code Annotated, Local
Gov’t. §28-209(a), the Board is required to set the salary for each of the above-referenced offices
by local law.
DISCUSSION: The Board’s adoption of the attached ordinance will establish the annual
salaries for the following offices, commencing with the terms of office following the 2022
gubernatorial election, with the exception of those positions having terms greater than four (4)
years, the effectiveness of which will be immediate:
1. Board of County Commissioners – President $41,000 and Member $38,000;
2. Board of Education – President $14,000 and Member $13,500;
3. Board of Liquor License Commissioners – President $11,800 and Member
$11,600;
4. Judges of the Orphans’ Court – $7,800 and an expense stipend of $500;
5. Sheriff – $126,630; and
6. Treasurer – $6,000.
FISCAL IMPACT: Any fiscal impact will commence with the next term of office, with the
exception of positions with terms in excess of four (4) years, the impact of which will be
immediate upon adoption of the ordinance.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Proposed Ordinance
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
ORDINANCE NO. ORD-2021-__
AN ORDINANCE ESTABLISHING THE SALARIES OF CERTAIN ELECTED
OFFICIALS FOR WASHINGTON COUNTY, MARYLAND
RECITALS
Pursuant to Md. Code Annotated, Local Gov’t. §28-201 through §28-209,
the Board of County Commissioners of Washington County, Maryland,
constituted the Salary Study Commission to study and make recommendations
on the salaries of certain offices.
The Salary Study Commission held a public hearing and received
testimony concerning the studied offices. Thereafter, the Commission issued
its report and made recommendations to the Board concerning the salaries of
the offices.
The Board discussed the recommendations of the Salary Study
Commission and believes it to be in the best interests of the citizens of the
County for the Board to establish, as required by law, salaries for certain
offices.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Board of
County Commissioners of Washington County, Maryland, pursuant to Md.
Code Annotated, Local Gov’t. §28-209(a), that the following annual salaries are
established:
Board of County Commissioners
President $41,000
Member $38,000
Board of Education
President $14,000
Member $13,500
Orphans’ Court Judges $7,800
Sheriff $126,630
Treasurer $6,000
Board of Liquor License Commissioners
President $11,800
Member $11,600
BE IT FURTHER ENACTED AND ORDAINED that each Judge of the
Orphans’ Court is entitled to an annual expense stipend of $500 in accordance
with Board policies concerning expenses and reimbursements.
BE IT FURTHER ENACTED AND ORDAINED that, pursuant to Article III,
Section 35 of the Maryland Constitution, that the above salaries commence
with the next term of office, with the exception of any salary for any office
whose full term is fixed by law in excess of four (4) years, the salary of which
shall take effect immediately.
Adopted and effective this twelfth day of January, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
By:
Krista L. Hart, Clerk Jeffrey A. Cline, President
Approved as to form
and legal sufficiency:
Kendall A. Desaulniers
Deputy County Attorney
Mail to:
County Attorney’s Office
100 W. Washington St., Suite 1101
Hagerstown, MD 21740-4735
10435 Downsville Pike
Hagerstown, MD 21740
Building a Community That Inspires Curiosity, Creativity, and Achievement.
www.wcpsmd.com
December 29, 2020
Dear Commissioners,
At the Tuesday, December 1, 2021 public business meeting of your board, Mr. JD Repp, Chairman of the
Salary Study Commission, presented the Commission’s findings and recommendations. Among
the several recommendations presented by Mr. Repp was an increase from the current Board of
Education member’s salary of $12,000 to $13,500 and an increase from the current Board of
Education president’s salary of $12, 500 to $14,000.
During the Commission’s study, written information was provided to the Commission consisting of statements
offered by several currently serving board members and the current president and vice president of the Board of
Education (BOE) regarding the role and responsibilities of BOE members, the school system, relevant state
statutes, and salary comparisons with other Maryland counties.
If individual commissioners have not read the Salary Study Commission’s Report in full, I recommend that they
do so to gain a fuller understanding of what the job entails before voting on the matter of increases in the
salaries of BOE members. Additionally, the written information submitted to the Commission by board
members and the current board officers would aid your board in understanding the role and responsibilities of
BOE members.
The members of the Washington County Board of Education (WCBOE) concur with the findings of the Salary
Study Commission that “education is a driver for the economic success of Washington County” and that “under
compensation” could be a “possible hindrance in having a diverse cohort of individuals consider
serving.” Further, the members of the WCBOE agree that the decision to accept the recommendations of a
commission appointed by the Washington County Board of Commissioners lies solely with that board.
Sincerely,
Melissa A. Williams, President
Washington County Board of Education
CC: Pieter Bickford
Darrell Evans
Michael Guessford
Linda Murray
Stan Stouffer
April Zentmeyer
Boyd Michael
John Martirano
Open Session Item
SUBJECT: Contract Award (PUR-1481) Facility Design Services Requirements Contract
PRESENTATION DATE: January 12, 2021
PRESENTATION BY: Rick Curry, CPPO, Director of Purchasing and Andrew Eshleman, P.E.,
Division Director of Public Works
RECOMMENDED MOTION: Move to award a primary requirements contract for Facility Design
Services Requirement contract to the responsive, responsible firm with the lowest price proposal
amount at the specified unit costs and estimated hours (no minimum or maximum guaranteed) and as
permitted in the Request for Proposals, a “stand-by list” of consultants.
REPORT-IN-BRIEF: The services under this contract consist of providing engineering support by
qualified engineering consultant firms to perform engineering services for projects in the six-year
Washington County Capital Improvement Plan (CIP) and general operating budget and unanticipated
emergencies. The duration of the contract shall be for a period of two (2) years, with an option by the
County to renew for up to three (3) additional one (1) year periods. Under the terms of the contract,
other political jurisdictions within the County may utilize the services provided as a result of this
contract. This is a requirements contract; therefore, services will be utilized on an as-needed basis at
the respective hourly unit prices for each discipline with no guarantee of a maximum or minimum
number of hours.
Project assignments will be issued in two (2) distinct manners through this contract. Assignments with
a fee of no more than $50,000 will be given to the designated responsive-responsible Consultant with
the lowest price proposal. Assignments with fees anticipated to exceed $50,000 will have a defined
scope of work specified and distributed to the firm with the lowest cost proposal and all firms on the
stand-by list. All firms then will submit a proposal to complete the work defined. The firm with the
lowest cost proposal will then be given the assignment. The County has limited the stand-by list to a
maximum of five (5) firms, one (1) of which is the designated responsive-responsible Consultant with
the lowest overall price proposal. Assignment value will be determined when the Consultant applies
the necessary man-hours and his standard rates to the individual assignment. The assignment will be
given to the Consultant which requires the lowest fee.
In order to determine which proposal offered the overall lowest cost to the County for this
recommended contract award; each proposer submitted hourly rates for various employee
classifications or positions. The lowest cost proposal was determined by applying the quoted rates to
a position matrix that identified an approximate number of hours by position the County expects to
utilize over the next twelve (12) months.
Notice of the RFP was advertised on the County’s web site with access to downloading the RFP, on
the State’s “eMaryland Marketplace Advantage” web site, and in the local newspaper. Ninety-seven
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
(97) persons/companies registered/downloaded the bid document on-line and twenty-two (22) firms
were represented at the pre-proposal teleconference. Fourteen (14) firms responded with proposals.
After evaluation of Qualifications & Experience submittals, twelve (12) firms were considered
responsive and their Price Proposals were opened and evaluated (see attached Price Proposal
Tabulation).
DISCUSSION: N/A
FISCAL IMPACT: Funds are budgeted in various Capital Improvement Plan (CIP) and General
Operating Budget project accounts for the as-required services.
CONCURRENCES: Coordinating Committee
ALTERNATIVES: N/A
ATTACHMENTS: Price Proposal Tabulation
AUDIO/VISUAL NEEDS: N/A
PUR-1481 facility Design Services
Bid Tab
Page 1
PUR-1481
Facility Design Services Alban Engineering, Inc.
Hunt Valley, MD
Allen & Shariff
Columbia, MD Murphy & Associates Delta Engineers
Chevy Chase, MD
Hours Total Total Hourly
Rate Total Total
Project Manager 60 $100.00 $6,000.00 $190.00 $11,400.00 $90.00 $5,400.00 $145.00 $8,700.00
B Professional Engineer
(Mechanical) 80 $100.00 $8,000.00 $190.00 $15,200.00 $80.00 $6,400.00 $125.00 $10,000.00
C Professional Engineer
(Electrical) 24 $100.00 $2,400.00 $190.00 $4,560.00 $80.00 $1,920.00 $125.00 $3,000.00
D Professional Engineer
(Plumbing) 24 $100.00 $2,400.00 $150.00 $3,600.00 $80.00 $1,920.00 $125.00 $3,000.00
E Professional Engineer
(Structural) 24 $100.00 $2,400.00 $165.00 $3,960.00 $140.00 $3,360.00 $130.00 $3,120.00
F
G Professional Landscape
Architect 16 $110.00 $1,760.00 $160.00 $2,560.00 $120.00 $1,920.00 $115.00 $1,840.00
H Industrial Hygienist /
Environmental Specialist 24 $100.00 $2,400.00 $180.00 $4,320.00 $172.85 $4,148.40 $65.00 $1,560.00
I
J
K
L
M
N
O
P Computer Aided Design
Technician 240 $75.00 $18,000.00 $95.00 $22,800.00 $60.00 $14,400.00 $60.00 $14,400.00
Q
TOTAL PROPOSAL
VALUE 912 $1,571.46 $81,275.04 $2,480.00 $123,340.00 $1,702.85 $79,668.40 $1,690.00* $84,100.00*
PUR-1481 facility Design Services
Bid Tab
Page 2
PUR-1481
Facility Design Services EBL Engineers, LLC
Baltimore, MD Engineers Kibart, Inc.
Towson, MD Engineers
Hours Hourly Total Hourly
Total Hourly Total Hourly Total
Project Manager 60 $178.00 $10,680.00 $140.00 $8,400.00 $110.00 $6,600.00 $100.00 $6,000.00
B Professional Engineer
(Mechanical) 80 $158.00 $12,640.00 $125.00 $10,000.00 $90.00 $7,200.00 $90.00 $7,200.00
C Professional Engineer
(Electrical) 24 $158.00 $3,792.00 $125.00 $3,000.00 $90.00 $2,160.00 $90.00 $2,160.00
D Professional Engineer
(Plumbing) 24 $158.00 $3,792.00 $125.00 $3,000.00 $90.00 $2,160.00 $90.00 $2,160.00
E Professional Engineer
(Structural) 24 $140.00 $3,360.00 $135.00 $3,240.00 $130.00 $3,120.00 $130.00 $3,120.00
F
G Professional Landscape
Architect 16 $120.00 $1,920.00 $100.00 $1,600.00 $125.00 $2,000.00 $90.00 $1,440.00
H Industrial Hygienist /
Environmental Specialist 24 $95.00 $2,280.00 $150.00 $3,600.00 $135.00 $3,240.00 $75.00 $1,800.00
I
J
K
L
M *
N
O
P Computer Aided Design
Technician 240 $80.00 $19,200.00 $80.00 $19,200.00 $61.00 $14,640.00 $50.00 $12,000.00
Q
TOTAL PROPOSAL
VALUE 912 $2,115.00 $107,924.00 $1,970.00 $99,840.00* $1,628.00 $78,080.00 $1,437.00 $69,840.00
PUR-1481 facility Design Services
Bid Tab
Page 3
PUR-1481
Facility Design Services Mimar Ponte Mellor dba
Mimar Architects & Eng, Inc. Min Engineering, Inc.
Pikesville, MD Architects, PC Associates, LLP
Hours Total Total Hourly
Rate Total Total
Project Manager 60 $125.00 $7,500.00 $145.00 $8,700.00 $120.00 $7,200.00 $175.00 $10,500.00
B Professional Engineer
(Mechanical) 80 $145.00 $11,600.00 $110.00 $8,800.00 $100.00 $8,000.00 $162.50 $13,000.00
C Professional Engineer
(Electrical) 24 $145.00 $3,480.00 $108.00 $2,592.00 $100.00 $2,400.00 $162.50 $3,900.00
D Professional Engineer
(Plumbing) 24 $145.00 $3,480.00 $110.00 $2,640.00 $100.00 $2,400.00 $162.50 $3,900.00
E Professional Engineer
(Structural) 24 $155.00 $3,720.00 $140.00 $3,360.00 $152.46 $3,659.04 $162.50 $3,900.00
F
G Professional Landscape
Architect 16 $145.00 $2,320.00 $120.00 $1,920.00 $125.00 $2,000.00 $140.00 $2,240.00
H Industrial Hygienist /
Environmental Specialist 24 $155.00 $3,720.00 $150.00 $3,600.00 $200.00 $4,800.00 $80.95 $1,942.80
I
J
K
L
M
N
O
P Computer Aided Design
Technician 240 $70.84 $17,001.60 $80.00 $19,200.00 $60.00 $14,400.00 $87.50 $21,000.00
Q
TOTAL PROPOSAL
VALUE 912 $1,866.39 $92,937.88 $1,930.00 $96,212.00 $1,820.03 $84,921.84 $2,128.45 $108,842.80
Open Session Item
SUBJECT: Contract Award (PUR-1484) Fire Company Special Procedures and Auditing
Services
PRESENTATION DATE: January 12, 2021
PRESENTATION BY: Rick Curry, CPPO, Director of Purchasing and Sara Greaves, Chief
Financial Officer, Division Director of Budget and Finance
RECOMMENDED MOTION: Move to award the contract for Fire Company Special
Procedures and Auditing Services to the responsive, responsible firm the lowest proposal value
and the professional fees for each supplemental service.
REPORT-IN-BRIEF: Attached is an excerpt from the Request for Proposal (RFP) document of
the “Scope of Services” to be rendered under this contract. The RFP was advertised locally in the
newspaper and on the County’s web site, as well as on the State’s “eMaryland Marketplace
Advantage” web site. Nineteen (19) persons/companies registered/downloaded the RFP document
on-line. The following persons served as members on the Coordinating Committee: Interim
County Administrator/County Attorney, Chief Financial Officer of Budget and Finance
(Chairperson), Division Director of Emergency Services, Director of Budget and Finance and
Director of Purchasing.
Nine (9) firms were represented at the pre-proposal teleconference. Three (3) proposals were
received for the subject services. The Qualifications & Experience/Technical Proposals of the
firms were considered to be responsive by the Committee and their Price Proposal was opened for
evaluation as shown on the attached Fee Schedule.
The initial term of this contract is anticipated that the engagement of the services be completed
within one hundred, eighty (180) consecutive calendars of issuance of Notice to Proceed. The
contract is for one hundred, eighty (180) days with no option to renew.
DISCUSSION: N/A
FISCAL IMPACT: Funds are budgeted in account 515000-10-11525 for the costs of the services.
CONCURRENCES: As recommended by the Coordinating Committee.
ALTERNATIVES: N/A
ATTACHMENTS: Scope of Services from the RFP document.
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
A. Scope of Work to be Performed
1. Attestation Engagement - Special Procedures – An audit opinion is not
provided for the following procedures. Instead, the audit firms report will
be in the form of procedures performed and findings thereof. If applicable,
sampling will be used to test the below procedures for reasonable assurance
of the population.
To meet the requirements of this request for proposals, the procedures shall
be performed in accordance with Attestation standards, as set forth by the
American Institute of Certified Public Accountants.
I. Test and report on the organization’s compliance with
Department of Labor regulations as they pertain to payroll of
workers, including hours worked for part timers and benefits
related thereto.
i. Review W2’s and 1099’s for appropriate reporting of
either employee or contractor.
II. Select 100% of employees for two (2) pay periods in one year to
test that hours worked meet regulatory statutes for employee
benefits such as health insurance, sick time, etc. Review and
report on the payroll process, controls, procedures, and authorities
i. Report on whether payroll is processed internally or
outsourced, and by whom.
ii. Report any material weakness in internal control as defined
in auditing standards.
III. Gain an understanding of control and how transactions are
initiated, approved, and recorded. Determine and report on the
level of involvement of board members:
i. If Board members are independent of the organization’s
operations and financial recordkeeping.
ii. If Board members are required to approve certain
transactions, and if so, name those transactions.
iii. If Board members are required to sign checks
iv. Level of reporting to the Board and if it is transactional.
v. Activities/transactions routinely or not routinely reported to
the Board.
IV. Review and report on the budget process, including who prepares
the budget and who in the organization has authority to authorize
expenditures, including dollar thresholds.
V. Review and report on the payables process, including who has
authorization to disburse funds and identify check signors and
whether the system in place requires two signatures.
VI. Conduct a review using a sample of 10% of expenditures over one
thousand ($1,000) dollars and evaluate if the expenditure is
consistent with the Emergency Services Fiscal Policy (Attachment
No. 6). If the expenditure is questionable, list the expenditure in the
report. Include payee, amount, and purpose of expenditure.
VII. Conduct a review using a sample of 5% of expenditures under one
thousand ($1,000) dollars and evaluate if the expenditure is
consistent with the Emergency Services Fiscal Policy (Attachment
No. 6). If the expenditure is questionable, list the expenditure in the
report. Include payee, amount, and purpose of expenditure.
VIII. Conduct a review of 100% of overnight and/or out of county travel
expenditures and report findings to include the date of expenditure,
related dates of travel, destination, purpose of trip, amounts spent,
and number of attendees. The number of trips for travel is estimated
at less than five (5) per company per year.
IX. Review and report on, using a current vendor list or list of
payees’, related parties such as employees, volunteers, and/or
board members or their family members and if they exist as
vendors. If there are transactions with a related party, determine
the appropriateness of the payment and report on it.
X. Gain an understanding and document controls surrounding cash
on hand and bank accounts.
i. Report on controls and procedures for cash deposits
including timeliness of deposits, whether or not cash is
always deposited or held within the company or on a person,
and procedures for cash expenditures. Include procedures
for cash received during fundraisers.
ii. Report on membership drive revenue recorded in the
companies’ ledger and compare to a donation listing of
households and amounts. List the discrepancy and any
identifiable reason for it.
iii. Review and report on bank reconciliation procedures and
if they are performed appropriately and timely.
XI. Fundraising activities – Report on any volunteer pay found for time
spent on fundraising activities or at those activities.
XII. Review and report on the 990 and if complete, accurate, and filed on
a timely basis.
Reports Related to the special procedures
a. The County will require a report outlining each of the above
procedures performed and the findings thereof. The report should
be specific. If sampling occurred, the document should specify the
type and quantity of sampling. Although no specific procedure is
required, if through performance of items “a” through “n”, a
discovery is made that indicates waste or fraud, or potential for
substantial savings that should be reported as a separate item.
2. Audit Engagement – Financial Statements - To meet the requirements of
this request for proposals, the audit shall be performed in accordance with
auditing standards generally accepted in the United States of America, as
set forth by the American Institute of Certified Public Accountants.
The County desires the auditor to express an opinion on the fair presentation
of each companies’ financial statements in conformity with generally
accepted accounting principles.
This audit will include examining, on a test basis, evidence supporting the
amounts and disclosures in the financial statements; therefore, the audit will
involve judgment about the number of transactions to be examined and the
areas to be tested.
Reports to be issued for Audit The audit will include obtaining an
understanding of the Organization and its environment, including internal
control, enough to assess the risks of material misstatement of the financial
statements and to design the nature, timing, and extent of further audit
procedures. Material misstatements may result from (1) errors, (2)
fraudulent financial reporting, (3) misappropriation of assets, or (4)
violations of laws or governmental regulations that are attributable to the
Organization, or to acts by management or employees acting on behalf of
the Organization.
a. A report on the fair presentation of the financial statements in
conformity with generally accepted accounting principles.
b. A report on compliance and internal control over financial reporting
based on an audit of the financial statements.
A. Documents to be provided:
- Emergency Services Fiscal Policy (Attachment 6)
- Maintenance & Fuel Policy (Attachment 7)
- Utilities Policy (Attachment 8)
B. Irregularities and illegal acts. Auditors shall be required to make an immediate,
written report of all irregularities and illegal acts of which they become aware to
the Chief Financial Officer.
C. All working papers and reports must be retained, at the auditors’ expense, for a
minimum of three (3) years, unless the firm is notified in writing by the County of
the need to extend the retention period.
Open Session Item
SUBJECT: Approval of the Electronics Recycling Pricing from Kuusakoski Glass, LLC
PRESENTATION DATE: January 12, 2021
PRESENTATION BY: David A. Mason, P. E., Deputy Director – Department of Solid
Waste
RECOMMENDED MOTION: Motion to approve the increase in cost for the Electronics
Recycling Program with Kuusakoski Glass, LLC from $0.17 to $0.18 per pound of CRT materials.
REPORT-IN-BRIEF: In September of 2019, Kuusakoski Glass, LLC was approved to replace
UNICOR as the County’s electronics recycler. The price per pound has been $0.17 for CRT
materials since 2019. UNICOR was charging $0.20 per pound for CRT materials. Non-CRT
materials will still be accepted at no charge. The Department of Solid Waste will still be
responsible for the cost of transportation.
DISCUSSION: $0.18 is still the best available price.
FISCAL IMPACT: All costs will be paid from Account 588040-21-21200, $70,000.00.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Proposed Pricing
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Kuusakoski US, LLC · Kuusakoski Glass, LLC · Vintage Tech, LLC
13543 S. Route 30, Plainfield IL | 2022 W. Townline Rd, Peoria IL | 900 Wheeler Way, Langhorne PA
Page 1 of 4
SOW – 1.7
Effective: 10-06-20
COMPANY INFORMATION
Mailing/HQ Information
STATEMENT of WORK
Kuusakoski and Vintage Tech, in partnership with your organization, shall provide responsible, third party
certified electronics recycling or refurbishing services. In order to provide satisfactory service, we ask
that you complete and verify all details within for accuracy and efficiency. This Statement of Work acts
as an agreement between Kuusakoski/Vintage Tech and your organization for the services detailed below.
It is a requirement that your organization agree to the terms and acknowledge understanding of the
policies listed herein. Any deviation or breach from the acknowledgement may result in additional
charges, rejection of shipped loads, or termination of service.
RESPONSIBILITIES
In order to provide quality, safe, efficient, and satisfactory service for your organization, listed below
are some key responsibilities of each party:
Kuusakoski and Vintage Tech Your Organization
to ensure no lapse in service
Provide third party certified services
Provide NIST 800-88 compliant data erasure and hard
drive destruction
Provide a Certificate of Recycling and volume report for
all material collected
Provide services based on the waste management
hierarchy, giving preference (in this order) to Direct
Reuse, Repair and Refurbishment, Material Recovery,
and then Disposal
pick-ups or drops
Adhere to the Shipping Guidelines detailed herein
(failure to do so will result in rejects or additional
charges)
Provide a designated person to release material to
Kuusakoski/Vintage Tech upon arrival to site
Provide accurate material counts, logistics
information, and pictures when requested
Communicate any specific service needs – i.e. reuse
allowed, destruction only, etc.
CONTACT INFORMATION
Click to enter name
Click to enter title
ap-invoices@kuusakoski.com
(630) 305-0922
Selena Baranak
Click to enter e-mail
Click to enter phone number
selena.baranak@kuusakoski.com
(630) 746-5409
Kuusakoski US Receiving Kuusakoski Glass Receiving Vintage Tech Receiving
East Coast Residential Pickup Scheduling Midwest Residential Pickup Scheduling
Kuusakoski US, LLC · Kuusakoski Glass, LLC · Vintage Tech, LLC
13543 S. Route 30, Plainfield IL | 2022 W. Townline Rd, Peoria IL | 900 Wheeler Way, Langhorne PA
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Effective: 10-06-20
DATA SECURITY
Kuusakoski and Vintage Tech, as a third party certified recycling company, adhere to strict Data Security
regulations and standards. Even so, data security risks exist in the electronics recycling industry.
Kuusakoski and Vintage Tech ensure that all data bearing devices are handled according to stringent data
security standards including, but not limited to:
Performing background checks on all employees
Installing secure data security cages at all sites for storage before processing
Ensuring all data security processes are NIST 800-88 compliant
Utilizing only qualified and approved carriers with trailer seals for secure transport
CCTV security cameras installed at all sites for physical security
Metal detectors upon exiting all facilities to deter theft
Third party verification of wiped HDDs to confirm wiping system is operating properly
Complete destruction of HDDs through our industrial shredders
Kuusakoski and Vintage Tech offers a basic HDD wipe, full data erasure report, on-site crushing of
HDDs, or industrial shredding data security options for the management of your data-bearing devices.
NON-ACCEPTED ITEMS
Below are some of Kuusakoski/Vintage Tech’s Non-Accepted items. In accordance with applicable laws
and regulations, we perform quality inspections using specialized equipment starting from receiving and
following material throughout the facility during processing. The examples below are to be used as a
reference and are not all inclusive. For questions or items in questions, please contact your Account
Representative.
Non-Accepted Items
Beryllium/Radioactive Containing:
Thermostats, Oscilloscopes, Radiation Equipment, Surveying Equipment, Temperature Instruments, etc.
Containing Liquids or Chemicals:
Compressed Gas Tank Cylinders, Liquid/Elemental Mercury, etc.
Freon Containing or White Goods:
Dehumidifiers, etc.
Hazardous Waste:
Hazards (mold, bodily fluids, etc.), Ammunition, Crushed Leaded Glass, etc.
Materials Contaminated with Mercury:
Representative will be considered contaminated (i.e. thermostats, light bulbs, CCFLs, mercury relays etc.)
Materials Contaminated with Batteries:
considered as contaminated material and charged as such.
Trash:
Fabric Cased Materials, Glass, Rubber, Non-Electronic Toys, etc.
Any container with non-conforming items or materials will be graded upon receipt as
“contaminated” and will be charged accordingly.
Kuusakoski US, LLC · Kuusakoski Glass, LLC · Vintage Tech, LLC
13543 S. Route 30, Plainfield IL | 2022 W. Townline Rd, Peoria IL | 900 Wheeler Way, Langhorne PA
Page 3 of 4
SOW – 1.7
Effective: 10-06-20
PRICING
As Kuusakoski/Vintage Tech operates within the commodity market, any pricing that is agreed upon
between your organization and your Account Representative is subject to change at any time, given
market, material, and operations conditions. As conditions change, you will be notified of pricing changes
by your Account Representative.
All material received will be billed or paid based on Kuusakoski/Vintage Tech’s recorded weight from
calibrated scales. All material determinations or grades, including any downgrades of material, will be
at Kuusakoski/Vintage Tech’s discretion. Material downgrades will be communicated from our Receiving
teams to your Account Representative, and pricing will be adjusted accordingly.
CHAIN OF CUSTODY INFORMATION
Kuusakoski and Vintage Tech will take possession of material when it is either: 1) loaded onto our box
trucks; 2) loaded into a container that our Logistics Department coordinates with one of our carriers; or
3) is received in one of our facilities unless expressly otherwise agreed upon between both parties. Your
organization will retain ownership of material in all other circumstances.
ADDITIONAL NOTES
Please enter any additional details regarding the agreement between Kuusakoski/Vintage Tech and Your
Organization here.
Click or tap here to enter text. Delivered Pricing effective through 12.31.2021:
• CRT Material / Flat Panel Material : $0.18/lb
• NonCRT Material : $0.00/lb
Each load received will be reconciled and invoiced to reflect the
weight of CRT material versus NonCRT material received.
Payment terms are N30.
ADDENDUMS REQUIRED
☐ Appendix I: Shipping Guidelines ☐ Residential Customer Requirements
☐ W-9 ☐ Vendor Forms
CUSTOMER ACKNOWLEDGEMENT
In accordance with this Statement of Work, I, as an authorized representative of the organization listed
herein, agree to comply with all requirements listed throughout, and within any addendums required.
Should my organization deviate from any requirements, I agree that my organization may be charged for
any and all additional expenses incurred including, but not limited to, detention fees, sorting fees,
administrative fees, additional labor fees, packaging fees, disposal costs, Truck Orders Not Used, or any
other costs deemed necessary by Kuusakoski/Vintage Tech. By signing, I acknowledge that I have read
and will comply with all requirements herein and attached, and understand that pricing is subject to
change based on market conditions.
Kuusakoski US, LLC · Kuusakoski Glass, LLC · Vintage Tech, LLC
13543 S. Route 30, Plainfield IL | 2022 W. Townline Rd, Peoria IL | 900 Wheeler Way, Langhorne PA
Page 4 of 4
SOW – 1.7
Effective: 10-06-20
Print Name: Date:
Signature: Title:
Open Session Item
SUBJECT: Express Approval – Town of Hancock Annexation of 3 parcels along Warfordsburg Road
PRESENTATION DATE: January 12, 2021
PRESENTATION BY: Jill Baker, Director, Department of Planning and Zoning
RECOMMENDED MOTION: Move to grant/deny express approval to the Town of Hancock.
REPORT-IN-BRIEF: The basis for seeking Washington County Commissioners express approval of
this annexation comes from the Local Government Article of Maryland’s Annotated Code §4-416(b)
which states:
“Without the express approval of the county commissioners or county council of the county in which the
municipality is located, for 5 years after an annexation by a municipality, the municipality may not
allow development of the annexed land for land uses substantially different than the authorized use, or
at a substantially higher density, not exceeding 50%, than could be granted for the proposed
development, in accordance with the zoning classification of the county applicable at the time of the
annexation.”
DISCUSSION: Zoning regulations adopted by each jurisdiction are compared to determine whether a
substantial difference in land use exists between the current authorized uses under County zoning and
proposed authorized uses under Town Zoning.
In this case all properties are currently zoned Highway Interchange (HI) under County regulations. The
Town is proposing to apply Business General (BG) zoning on the properties upon annexation.
Both the County and the Town Zoning regulations for these respective districts permit a variety of
similar land uses including business and professional office uses, retail sales and services, social and
cultural uses, and public administration services. County zoning of HI appears to be more permissive
than the Town zoning of BG in that the County allows for light manufacturing uses in the HI District
whereas the Town BG district does not. There does not appear to be a conflict of uses between the
existing County zoning and the proposed Town zoning.
It is Staff’s recommendation that the express approval be granted for this annexation based on the
majority of uses between the two zoning districts being similar.
FISCAL IMPACT: n/a
CONCURRENCES: n/a
ALTERNATIVES: n/a
ATTACHMENTS: Town Annexation Plan; Zoning Exhibit
AUDIO/VISUAL NEEDS: Zoning Exhibit
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
ANNEXATION RESOLUTION
RESOLUTION NO ---------------- 2020
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
HANCOCK, ENLARGING THE CORPORATE BOUNDARIES OF THE TOWN OF
HANCOCK BY ANNEXING LAND CONTIGUOUS TO AND ADJOINING UPON THE
CORPORATE BOUNDARIES OF THE TOWN ALONG WARFORDSBURG ROAD
FROM THE VICINITY OF 14717 WARFORDSBURG ROAD NORTHWARD TO THE
PENNSYLVANIA STATE LINE IN ELECTION DISTRICT NO. 5, WASHINGTON
COUNTY, MARYLAND AND CONTAINING APPROXIMATELY 130.83 ACRES,
MORE OR LESS, THEREBY AMENDING THE CHARTER OF THE TOWN OF
HANCOCK, AND PROVIDING FOR THE CONDITIONS AND CIRCUMSTANCES
APPLICABLE TO THE PROPOSED CHANGES IN THE BOUNDARY OF THE TOWN
AND THE AMENDMENT OF THE SAID CHARTER, AND TO ESTABLISH THE
ZONING CLASSIFICATION FOR THE AREA ANNEXED.
WHEREAS, pursuant to the authority of Article XI-E of the Constitution of the State of
Maryland, and Subtitle 4 of Title 4 of the Local Government Article of the Annotated Code of
Maryland, it is the intention of the Mayor and Council to introduce and pass a resolution providing
that the present corporate limits as described in the Charter of the Town of Hancock be enlarged
to include therein property within Washington County, Maryland, those properties known as
14732, 14937, and 0 Warfordsburg Road, Hancock, Maryland, and certain right-of-way areas
adjacent thereto, as more particularly described in the metes and bounds descriptions herein
attached hereto and made a part hereof as Exhibit A and shown on the Annexation Plat attached
hereto as Exhibit B (the “Land”), which property is contiguous and adjoining to the existing
corporate boundaries of the Town of Hancock; and
WHEREAS, the annexation which is the subject of this Resolution does not create any
unincorporated area which is bounded on all sides by real property presently within the corporate
limits of the Town of Hancock, real property proposed to be within the corporate limits of the
Town of Hancock as a result of the proposed annexation, or any combination of such properties;
and
WHEREAS, pursuant to the authority of § 4-403(b) of the Local Government Article of
the Annotated Code of Maryland, the Mayor and Council may introduce an annexation resolution
with the consent of at least 25% of the registered voters who are residents in the area to be annexed
and the owners of at least 25% of the assessed valuation of the non-tax exempt real property in the
area to be annexed; and
WHEREAS, there are nine registered voters who are residents in the area to be annexed;
and
WHEREAS, 2004 Orchard Business Park, LP, a State of Maryland limited
partnership and FRM, LLC, a Maryland limited liability company, the owners of the
non-tax exempt Land, have consented and agreed to the annexation of the Land into the
corporate limits of the Town and to make applicable to that area all laws which are now
in force
1
and effect or which may hereafter be enacted by the Mayor and Council of Hancock, as evidenced
by the Consent of Property Owner attached hereto and incorporated herein as Exhibit C; and
WHEREAS, the proposed zoning for the Land was referred to and reviewed by the Town
of Hancock Planning Commission in relation to the Comprehensive Plan, the Zoning Ordinance,
and the other applicable land-use ordinances of the Town, and the needs of the particular
neighborhood and vicinities of the area to be annexed, and said Planning Commission has agreed
that General Commercial (GC) zoning is proper and desirable under all of the circumstances and
should be accomplished at this time; and
WHEREAS, the Mayor and Council have determined to initiate the Resolution to enlarge
and extend the limits of the Town of Hancock to include and zone the Land described as follows:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF HANCOCK:
Section 1. That there is hereby annexed into the corporate boundaries of the Town of
Hancock, a municipal corporation of the State of Maryland, all that land contiguous and adjoining
the current boundaries of the Town of Hancock in Washington County, Maryland, consisting of
three legal parcels of approximately 130.83 acres of land1 , as more particularly and fully described
in a metes and bounds description set forth on Exhibit A hereto, based on that survey represented
by an Annexation Plat for the Town of Hancock prepared by Frederick, Seibert and Associates,
designated as Job No.6983.H, and incorporated herein aby reference and attached hereto as
Exhibit B.
Section 2. The Town Manager shall cause a notice of the proposed enlargement of the
corporate boundaries of the Town of Hancock to be published not less than two (2) times, at weekly
intervals, in a newspaper of general circulation in the Town of Hancock, Maryland, said notice
describing the proposed enlargement (i.e., the area to be annexed) and conditions and
circumstances applicable thereto and specifying the time, date and place at which a public hearing
will be held on the proposed annexation. Said public hearing is to be held on the 9th day of
September, 2020 at 7:00 p.m. in the Town Mayor and Council Meeting, Hancock, Maryland, said
date being more than fifteen (15) days after the second publication of the notice in the
aforementioned newspaper.
Section 3. Immediately upon the first publication of the public notice, the Town Manager
shall cause a copy of the public notice to be provided to the Board of County Commissioners of
Washington County, Maryland, the Washington County Department of Planning and Community
Development, and the Maryland Department of Planning. Each of these agencies and jurisdictions
shall have the first right to be heard at the scheduled public hearing, after which the hearing shall
be open to the general public.
Section 4. This Resolution shall be and become effective forty-five (45) days after its
passage by the Mayor and Council unless a petition for referendum in accordance with Sections §
4-408, § 4-409, or § 4-410 of the Local Government Article of the Annotated Code of Maryland
is submitted to the Town Manager within forty-five (45) days following its passage.
1 The as-surveyed acreage differs slightly from that reflected on the SDAT tax account
information.
2
Section 5. That from and after the effective date of this Resolution, all provisions of the
Constitution of Maryland, all laws of the State of Maryland applicable to the Town of Hancock, and
all duly adopted provisions of the Charter of the Town of Hancock, the Code of the Town of
Hancock and the ordinances of the Town of Hancock shall be, and hereby are, extended and made
applicable to such portion of Washington County, Maryland as is, under the provisions of this
Resolution, annexed to and made a part of the Town of Hancock, Maryland. Nothing herein or
elsewhere in the Resolution shall affect the power of the Mayor and Council of Hancock to amend
or to repeal any Charter provision, Town Code provision or ordinance existing at the date of
passage of this Resolution, or to enact and ordain any ordinance which, at the date of passage of
this Resolution, or hereafter, it may be authorized to enact or ordain.
Section 6. The inhabitants of the Land annexed to the Town of Hancock by this Resolution
shall, in all respects and to all intents and purposes, be subject to the powers, jurisdiction and
authority vested, or to be vested by law, in the Mayor and Council of the Town of Hancock, so far
as the same may be consistent with the provisions of this Resolution, and the Land so annexed shall,
in all respects, be taken and considered as part of the municipal corporation of the Town of
Hancock.
Section 7. Within ten (10) days after the effective date of this Resolution, the Town
Manager of the Town of Hancock shall send a copy of this Resolution together with the new
boundaries of the Town of Hancock, to a) the Clerk of the Circuit Court for Washington County,
Maryland; and b) to the Department of Legislative Services. Thereafter, the Town Manager shall
hold this Resolution and make it available for inspection during all business hours.
INTRODUCED the _ day of , 2020.
PASSED under our hands and seals at the Town Hall, Hancock, Maryland, this
day of , 2020, with the corporate seal of the Town of Hancock hereto
attached, duly attested by the Town Manager.
ATTEST: MAYOR AND COUNCIL OF
HANCOCK, MARYLAND
Joe Gilbert, Town Manager Ralph T. Salvagno, M.D., Mayor
3
EXHIBIT A
Description of additional lands of the Town of Hancock, subject to and together with any
and all easements or rights of way of record and applicable thereto:
Tax Map 3, Parcel 117
Description of lands of Lands of Orchard Business Park Limited Partnership
Situate along the west side of Warfordsburg Road, just south of the Pennsylvania State Line, in
Election District No. 5, Washington County, Maryland, and being more particularly described in
accordance with a survey by Frederick, Seibert and Associates, Inc. as follows:
Beginning at a point along the west side of Warfordsburg Road, said point being the northeastern
corner of the herein described parcel, running thence in a clockwise direction with the western
side of Warfordsburg Road S15°50’22"E 1189.27 feet to a point, thence by a curve to the right
having a radius of 1080.86 feet, an arc length of
715.42 feet, a chord bearing of S03°07'20’W, and a chord distance of 702.43 feet to a point,
thence S22°00’35"W 381.97 feet to a point, thence along the lands now or formerly of Lanco
Dairy Farms Co-Op (Liber 5079, folio 198) S68°10’38"W 35.32 feet to a point, thence
N70°21’39"W 631.24 feet to a point, thence by a curve to the left having a radius of 100.00 feet,
an arc length of 106.40 feet, a chord bearing of S89°13'32'W and a chord distance of 101.45 feet
to a point, thence by a curve to the right having a radius of 40.00 feet, an arc length of 65.51 feet,
a chord bearing of N82°01’35"W and a chord distance of 58.43 feet to a point, thence
N61°12’55"W 274.13 feet to a point, thence N66°04’24"W 103.00 feet to a point, thence
S83°23’44’W 71.19 feet to a point, thence N 84°54’15” W 431.21 feet to a point, thence along
the east side of Interstate 70 (Dwight D. Eisenhower Highway) by a curve to the right having a
radius of 3744.72 feet, an arc length of 1114.47 feet, a chord bearing of N19°06’21"E and a
chord distance of 1110.36 feet to a point, thence N 27°37’55" E 846.10 feet to a point, thence
along the lands now or formerly of Lance Dairy Farms Co-Op (Deed Book 619, page 254)
S89°18'05"E 722.25 feet to the place of beginning;
Containing 64.38 acres of land more or less;
Said lands are conveyed subject to and together with any conditions, restrictions, easements or
rights-of-way of record and applicable thereto;
Said lands being the lands conveyed in a deed from H.B. Mellott Estate, Inc., to Orchard
Business Park Limited Partnership, dated November 30, 1998, recorded among the Land Records
of Washington County, Maryland in Liber 1459, folio 851.
Tax Map 3, Parcel 119
Description of lands of Lands of Orchard Business Park Limited Part.
Situate along the east side of Warfordsburg Road, just south of the Pennsylvania State Line, in
Election District No. 5, Washington County, Maryland, and being more particularly described in
accordance with a survey by Frederick, Seibert and Associates, Inc. as follows:
Beginning at a point along the east side of Warfordsburg Road, said point being the
northwestern corner of the herein described parcel, thence running in a clockwise direction,
along the lands now or formerly of Lance Dairy Farms Co-Op (Deed Book 619, page 254) and
the lands now or formerly of Orchard Business Park LP (Deed Book 274, page 87) S89°18'05"E
355.00 feet to a point, thence along the lands now or formerly of FRM LLC (Liber 1660,
foIio1086) S26°05'09"W 509.33 feet to a point, thence along the east side of Warfordsburg Road
N15°50'22"W 480.00 feet to the place of beginning;
Containing 1.88 Acres of land more or less;
Said lands are conveyed subject to and together with any conditions, restrictions, easements or
rights-of-way of record and applicable thereto.
Said lands being the lands conveyed in a deed from Mellott Company, formerly known as H.B.
Mellott Estate, Inc., to Orchard Business Park Limited Partnership, dated June 5, 2009, recorded
among the Land Records of Washington County, Maryland in Liber 3689, folio 53.
Tax Map 3, Parcel 5
Description of lands of FRM LLC
Situate along the east side of Warfordsburg Road, approximately 480 feet south of the
Pennsylvania State Line, in Election District No. 5, Washington County, Maryland, and being
more particularly described in accordance with a survey by Frederick, Seibert and Associates,
Inc. as follows:
Beginning at a point along the east side of Warfordsburg Road, said point being the southwestern
corner of the herein described parcel, thence running in a clockwise direction N22°00’35"E
266.34 feet to a point, thence along the lands now or formerly of Wayne R. Baier and Mary V.
Baier (Liber 3392, folio 218) S16°42’34”E 170.85 feet to a point, thence S11°01'01"E 109.08
feet to a point, thence S24°40’30"E 66.40 feet to a point, thence S48°39’30"E 10.00 feet to a
point, thence N24°43’44“E 704.12 feet to a point, thence N75°51'38"W 259.92 feet to a point,
thence along the east side of Warfordsburg Road N22°00'35"E 689.65 feet to a point, thence by a
curve to the left having a radius of 1140.86 feet, an arc length of 755.09 feet, a chord bearing of
N03°07’17"E and a chord distance of 741.39 feet to a point, thence N15°50’22"W
691.46 feet to a point, thence along the lands now or formerly of Orchard Business Park LP
(Liber 3689, folio 53) N26°05’09"E 509.33 feet to a point, thence along the lands now or
formerly of Orchard Business Park LP (Deed Book 274, page 87) S89°18’05"E 1319.82 feet to
a point, thence along the lands now or formerly of Ronald and Carol Michael (Liber 5434, folio
212) and the lands now or formerly of the Hancock Assembly of God Church (Liber 829, folio
596), S20°58’09’W 696.28 feet to a point, thence along the lands aforesaid of the Hancock
Assembly of God Church (Liber 829, folio 596), and other lands now or formerly of the
Hancock Assembly of God Church (Liber 822, folio 726) and other lands now or formerly of the
Hancock Assembly of God Church (Liber 742, folio 370) S20°34'13'W 725.19 feet to a point,
thence along the lands now or formerly of the Hancock Assembly of God Church (Liber 742,
folio 370) S22°01’04"W
248.67 feet to a point, thence S40°17’37"W 141.06 feet to a point, thence S22°36'15"W
332.31 feet to a point, thence S14°33’01"W 730.32 feet to a point, thence along the lands
now or formerly of Pittman Properties LLC (Liber 3195, folio 245) S21°12’22"W
921.33 feet to a point, thence N70°29'48’W 106.21 feet to a point, thence along the lands now or
formerly of Joseph and Kathy Lashley (Liber 1054, folio 500) N20°53’49"E
130.55 feet to a point, thence N61°07’34"W 587.93 feet to the place of beginning; Containing
64.36 Acres of land more or less;
Said lands are conveyed subject to and together with any conditions, restrictions, easements or
rights-of-way of record and applicable thereto.
Said lands being the lands conveyed in a deed from FRM Development Corporation as general
partner and Terry L. Randall and Jennifer J. Gordon, executors of the Estate of Forrest R.
Mellott, as limited partner, of FRM Limited Partnership, to FRM, LLC, dated May 8, 2001,
recorded among the Land Records of Washington County, Maryland in Liber 1660, folio 1086.
Tax Map 502, Warfordsburg Road
Description of Warfordsburg Road right of way,
Situate along Warfordsburg Road, just south of the Pennsylvania State Line in Washington
County, Maryland and being more particularly described in accordance with a survey by
Frederick, Seibert and Associates, Inc. as follows:
Beginning at a point on the western right of way line of Warfordsburg Road, said point being
the northwestern most corner of the lands herein described, thence running in a clockwise
direction along the Pennsylvania State Line, crossing Warfordsburg Road S89°18'05"E 62.59
feet to a point, thence along the lands now or formerly of Orchard Business Park LP (Liber
3689, folio 53) S15°50'22"E 480.00 feet to a point, thence along the lands now or formerly of
FRM LLC (Liber 1660, folio1086) S15°50'22”E
691.46 feet to a point, thence by a curve to the right having a radius of 1140.86 feet, an arc length
of 755.09 feet, a chord bearing of N03°07’17"E and a chord distance of
741.39 feet to a point, thence S22°00’35"W 381.93 feet to a point, thence crossing Warfordsburg
Road N67°59’25"W 60.00 feet to a point, thence along the lands now or formerly Orchard
Business Park LP (Liber 1459, folio 851) N22°00'35”E 381.97 feet to a point, thence by a curve
to the left having a radius of 1080.86 feet, an arc length of
715.42 feet, a chord bearing of N03°07’20"E and a chord distance of 702.43 feet to a point,
thence N 15°50'22“ W 1189.27 feet the place of beginning;
Containing 3.165 Acres of land more or less;
Said lands are conveyed subject to and together with any and all easements or rights of way of
record and applicable thereto.
Said lands being part of the rights of way of Warfordsburg Road.
39
EXHIBIT B
40
EXHIBIT C
CONSENT OF PROPERTY OWNERS
41
Town of Hancock
126 West High Street
Hancock, Maryland 21750
Annexation Plan
Pursuant to MD Code Ann., Local Gov’t 4-415, herewith is the annexation plan for the areas proposed
to be annexed. Any future amendments to this annexation plan may not be construed in any way as an
amendment to the resolution to annex said lands, nor may they serve in any manner to cause re-initiation of
the annexation process.
The contemplated annexation is at the request of the Town with the consent of the property owners.
Land Use Pattern
The parcels proposed for annexation is designated as “Town of Hancock Growth Area” in the 2010 Washington
County Comprehensive Plan and are consistent with the provisions of the Town of Hancock 2010 Comprehensive
Plan Municipal Growth Element. In the area petitioned for annexation, the area is zoned by Washington County as
Highway Interchange (HI). The requested zoning comes under the Town of Hancock zoning category BG, Business
General. This zoning classification of the Town would permit the development of commercial uses, consistent with the
County and Town Comprehensive Plans and Zoning Ordinances. Proposed uses will be consistent with the use
standards contained within the Town of Hancock TC
Zone.
These properties are currently vacant land. Proposed uses for these properties for is possible commercial
development to include warehousing, light industrial, manufacturing or distribution centers or other commercial, retail
or hospitality purposes. These present and planned uses for these properties are consistent with the Business
General zoning.
Public Facilities
A required consideration of any annexation request is the availability of public services to serve the proposed
development on the subject property. The Comprehensive Plan for the Town of Hancock requires the applicant to
demonstrate the ability of the Town's facilities to provide the necessary infrastructure to serve the development needs
of the subject parcels.
42
The proposed annexation property is planned to be served by Town water and wastewater/sewer services. These
services are not currently in place or available. However, a Preliminary Engineer Report and Environmental Report is
currently being prepared that includes the extension of water and sewer services to serve these properties proposed
to be annexed. That PER is expected to be complete no later than October 2020 with construction of the water and
sewer to serve these annexed properties possible in July 2021 (FY2022).
Public Services
Development of the subject site as intended by the proposed Development Program will have minimal impact on
Town facilities. The majority of Town services expended are in relation to the needs of the growing residential
communities within the Town. Conversely, commercial uses traditionally require less public services than residential
communities. The proposed development of the subject site will have no impact on schools based upon the requested
BG
zoning. Therefore, no land will be needed from this area for a school site.
The Washington County Library is located on West Main Street and Tonoloway Street in downtown Hancock.
Because of its commercial nature, this proposed annexation will not warrant an additional library site. Due to the
proposed commercial nature of the parcels, a
recreation facility in this area would be impractical. Additionally, the commercial
nature of this annexation will not generate a need for additional recreation facilities.
Emergency Services
Police services within the Town of Hancock are provided by the Town Police
Department. The Town Police rely upon and are supported by the Washington County
Sheriff’s Office and the Maryland State Police. Fire and rescue services are
provided by the local Volunteer Fire and Rescue companies, which receive support
from the County-wide fire tax as well as government sources.
The subject property is within two (2) miles of current Fire and Rescue facilities within the Town, within two miles to
the Town Police Department.. It is anticipated that the existing service providers will be able to adequately service the
needs of the project, and that the needs of the proposal will not unduly tax existing service providers. There is no
need for land for a police station. There is no need to reserve land for a fire station.
Water and Sewer
The proposed properties to be annexed are planned to be served by the Town municipal water and sewer lines. The
pre-development engineering report and environmental report are currently underway with a anticipated completion
date of October 2020. These plans include providing water and sewer to these properties to be annexed. The
preliminary pre-development plan also includes the construction of a wastewater pumping station adjacent to the
properties to provide wastewater conveyance from the proposed properties to the Town of Hancock wastewater
treatment facility.
Water
The proposed site for annexation will be served by a new water main that will have the capacity to provide fresh water
to support the proposed uses of the properties to include commercial or industrial enterprises.
The properties will be served by a water main that will connect onto the existing Town water system in the vicinity of
295 Resley Street, Hancock. This new water main will be installed on the east side of Warfordsburg Road adjacent to
the property of FRM, LLC. The water main will turn west installed on the south side of the property that is currently
the Orchard Business Park.
Sewer
The Town’s wastewater treatment plant will have adequate capacity and treatment capability to accommodate
43
sewage flows projected to be generated as a result of the proposed annexation and development. Upgrades to the
Town’s wastewater treatment facility are expected to begin no later than FY2022 (July 2021). The proposed annexed
properties and their commercial uses are factored into the increased capacity of the Town of Hancock wastewater
treatment facility.
The pre-development preliminary engineer report and environmental report is underway for upgrades to the Town
wastewater and sewer system. This pre-development plan includes extending these services to the proposed
properties to be annexed. The new sewer lines will connect onto the Town’s existing sewer system in the vicinity of
295 Resley Street.
The pre-development plan also includes the possible construction of a wastewater pumping station to be installed in
the southwest corner of the Orchard Business Park property. This new wastewater and sewer lines and pumping
station will adequately accommodate the increased capacity of any commercial development of the annexed
properties.
Extension of Municipal Services
Municipal services such as Police protection, trash collection and general
public works will be available to the annexed area if and when the properties are annexed.
Municipal trash service will be available to these annexed properties within the current capacity of the existing Town
trash removal contract.
Initial Mitigation Plans by the Developer
The Town plans to include these properties in the construction and upgrades to the Town’s water and sewer services.
The increase in capacity for commercial development is included in any and all planned increase in Town services.
The land is currently a vacant business park and will be available for development upon the completion of annexation
and then the construction of the water and sewer services.
The current owners of the property plan on making these properties available for commercial development upon
completion of the annexation by the Town of Hancock and the extension of the water and sewer services. All other
services, police, fire and EMS service, Town trash will be immediately available to these properties.
44
EXHIBIT 1
410 “GC” General Commercial District
410 “GC” General Commercial District
The General Commercial area accommodates both traditional retail uses and the kinds of highway-oriented
commercial enterprises that function better outside typical downtown “Main Street” locations because they
need large buildings, parking lots and/or outdoor storage areas.
A. Principal Permitted Uses and Structures:
Only the following principal uses and structures are permitted in the “GC” district.
1. Recreational facility owned or operated by Hancock or other government.
2. Public building or use owned or operated by Hancock.
3. Office or clinic for medical or dental examination or treatment of persons as out-patients including laboratories incidental thereto. 4. Business, professional, or governmental offices. 5. Retail stores selling antiques, apparel, art supplies, beverages. books, cards, confections, dry good, drugs, fabrics, floor covering, flowers, foodstuffs, furniture, garden supplies, gifts, hardware, hobbies, appliances, jewelry, luggage, music, musical instruments, novelties, paint, equipment, periodicals, music, shoes, sporting goods, fishing supplies, boating and marine supplies and equipment, stationery, tobacco and similar use. 6. Service business including barber, beauty shop, laundry and dry cleaning, shoe repair, photographer, caterer, health club, travel agency, tailor repair shop for watches, guns, bicycle, locks. 7. Bank or saving and loan association. 8. Newspaper; printing establishment. 9. Upholsterer, cabinet maker and similar custom crafts (see also as Home Occupation). 10. Theater, indoor. 11. Entertainment and recreation facilities operated as a gainful business within a building. 12. Gasoline service station subject to the following additional provisions: a) All activities, except those to be performed at the fuel pumps, shall be performed within a completely enclosed building. b) Fuel pumps shall be at least 10 feet from any street right-of-way. c) All automobile parts, dismantled vehicles, and similar articles shall be stored within a building. d) Full body paint spraying or body and fender work shall not be permitted. 13. Sale of automotive accessories, parts, tires, batteries, and other supplies. 14. Emergency Services Station. 15. Bus Station or Taxi Company. 16. Wholesale business and storage subject to the following provisions; a) Storage of all new or used items, including dismantled vehicles, parts, equipment, and what is generally referred to as junk” must be screened from view from the street and adjoining property by building wall and/or substantial landscaping. 17. Contractor offices and shops such as building, cement, electrical, heating, masonry, painting and roofing, and provided that within the TC district, such use shall not include outdoor
45
storage of equipment or materials that are visible from a street or other property. 18. Printing, publishing, binding. Other than newspaper printing.
B. Special Exceptions:
Only the following uses and strictures are permitted in the “GC” District as special
exceptions after approval by the Board of Appeals.
1. Churches and other places of Worship, providing up to two dwelling units may be provided for religious personnel which shall meet the requirements for Uses A.1 through A.5, as applicable.
2. Private or public primary or secondary schools (other than Child Care Center or other similar uses or trade schools), subject to the following additional provisions. a) Dormitories or other living accommodations for faculty or students shall meet the minimum requirements of Section “A” as applicable. b) A lot area of not less than 5 acres shall be required. c) Lot width of 300 feet shall be required. d) No part of any building shall be located less than 75 feet from any adjoining lot line in separate ownership.
3. Child Care Center, subject to the following additional condition: (See also as an accessory use in Section F). a) In a Residential District the use shall be conducted in a building designed for residential occupancy. b) A lot area of not less than 20,000 square feet shall be required. c) On a lot having the permissible minimum area, the total number of children registered and/or cared for on the premises shall not exceed 10 and for each additional child 1,000 sq. ft. of lot area above the minimum, one additional child may be registered and/or cared for on the premises. d) Any outdoor play area shall be located in the rear yard and its boundaries shall be at least 10 feet from any lot line. e) Outdoor play areas shall be sufficient screened and sound insulated so as to protect the neighborhood from noise and other disturbance. To fulfill this requirement, screening may be located anywhere on the lot as needed.
4. Trade or professional school, music, dancing or hobby school.
5. Library or museum, open to the public or connected with a permitted educational use, and not conducted as a private gainful business.
6. Community center, adult education center, or other similar facility operated by an educational, philanthropic or religious institution subject to the following provision: a) The use shall not be conducted as a private gainful business b) No outdoor active recreation area shall be located nearer to any lot line than the required yard depth.
7. Recreation facility owned or operated by a nongovernmental agency subject to the following additional provisions: a) The use shall not be conducted as a private gainful business (See below for recreational facilities operated as a gainful business). b) If the facility includes a swimming pool, the pool including the apron, filtering and pumping equipment and any related building, shall be at least 75 feet from any lot line except that, where the lot upon which it is located abuts land in a “TC” District, said pool may be constricted not less than 25 feet from the nearest lot line of such land in the
46
“TC” District c) Outdoor recreation areas including pools shall be sufficiently screened and sound insulated so as to protect bthe neighborhood from glare, noise and other disturbance.
8. Private club or lodge (other than a use listed), subject to the following additional provisions in Districts where permitted only by Special Exception: a) The use shall not be conducted as § private gainful business. b) A lot area of not less than 3 acres shall be required. c) All buildings shall be located not less than 50 feet from any lot line. 9. Golf course, country club, subject to the following additional provisions: a) A lot area of not less than 25 acres shall be required. b) All buildings and golf greens and tee shall be located not les than 75 feet from any lot line. 10. Golf driving range subject to the following additional provisions. a) A lot area of not less than 15 acres shall be required. b) All buildings and tees shall be located not less than 75 feet from any lot line.
c) All lighting and activity areas shall be sufficiently screened so as to protect the neighborhood from glare, noise and other disturbance. 11. Restaurant Without Drive-Thru Service. 12. Restaurant With Drive-Thru Service.
13. Motel or hotel.
14. Outdoor entertainment and recreation facilities, including drive-in theater, operated as a gainful business, other than uses listed separately in this section. 15. Sale or rental of motor vehicles.
16. Repair garage including paint spraying and body and fender work or car wash, provided that all repair and paint work is performed within an enclosed building. a) All automobile parts, dismantled vehicles, and similar articles shall be stored within an enclosed building. 17. Sale or rental of farm equipment, trailers, mobile homes for off-site use, snowmobiles and miscellaneous vehicles, and which may include repain and display of such items, provided: a) storage of used equipment, used mobile home, parts and junk” shall be screened from view of streets and other property by building walls and/or landscaping approved by the Board of Appeals. Such landscaping shall consist of evergreen trees with an initial height of 5 feet, in sufficient number to create an effective visual screen within 3 years after planting. b) In place of screening, the Board of Appeals may approve screening of other appropriate materials that would be harmonious with the present or intended character of the surrounding area. 18. Transformer stations, structures housing switching equipment and regulators, pumping stations, power transmission line right-of-way, towers, communication antennas/towers or stations excluding commercial studios subject to the following provision: a) In SR and TR Districts, the proposed use at the location selected is necessary for public convenience and service and cannot be supplied with equal public convenience at another location. b) In SR and TR Districts, when practical, structures shall have the exterior appearance of residential buildings. c) In RD, SR and TR Districts, no public business office nor any storage yard or
47
storage building shall be operated in connection with it. d) In the case of radio and/or television transmitter towers any such tower shall meet the requirements of Section 518.
19. Offices for professional, business or governmental purposes, including but not limited to medical, law, real estate, insurance, accounting and manufacturer's representatives offices. All offices must meet the requirements of the Maryland State Fire Marshal’s Office.
C. Accessor* Uses and Structures:
The following accessory uses and structures shall be permitted in the “GC” district:
1. Non-commercial greenhouse, tool shed, private garage, swimming pool, or similarly accessory structure and other accessory uses customarily incidental it a permitted use and not normally conducted as an independent principal use, provided that any accessory to a use permitted only under a special exception shall be established only if and as provided in such exception. 2. Fences, walls and landscaping subject to the traffic visibility requirements and provisions of Section 504. 3. Off-street parrying subject to the requirements of Article 6.
4. Signs subject to the requirements of Article 7.
D. Agricultural Uses: The following agricultural uses shall be permitted in the “TC” district:
1. Crop farming, orchards and forestry.
E. Specifically Prohibited Uses:
1. Junk Yard
F. Not. Yard and Height Requirements: The following minimum requirements shall apply to all uses and structures in the GC district, except as superseded by more restrictive provisions elsewhere in this Ordinance. 1. Lot area 5,000 Square Feet 2. Front Yard depth 8 Feet 3. Side Yard depth 20 Feet 4. Rear Yard depth 75 Feet
5. Lot Width 15 Feet
6. Lot Coverage 80 Percent
91
EXHIBIT 2
ARTICLE 12 “BG” BUSINESS, GENERAL DISTRICT
Section 12.0 Purpose
The purpose of the Business, General District is to provide appropriate locations
for businesses of a more general nature than might be expected to be found in a
neighborhood.
All new development in the Business, General District should be served by public
water and sewer facilities approved by the Washington County Health Department.
The following regulations and applicable regulations contained in other articles
shall apply in the "BG" Business, General District.
Section 12.1 Principal Permitted Uses
(a) Retail trades, businesses and services, including but not limited to the
following and any use permitted in the BL District, subject to the use
regulations specified in that district.
Amusement parks.
Animal hospitals, veterinary clinics, or kennels without outside runways or
exercise areas.
Bottling of soft drink or milk, or distribution stations for
same. Bowling alleys.
Carpentry or woodworking shops.
Conference Centers.100
Department stores.
Drive-in restaurants.
Golf driving ranges.
Hotels and apartment hotels, including motels.
Libraries.
Newspaper publishing establishments.
Printing shops.
Retail building material sales conducted in an enclosed structure with no
outside material storage.
92
” Revision 17, Article 12 deleted and replaced, 4/17/12, eff. 7/1/12 (RZ-10-005/ORD-2010-07)
' 00 Revision 17, Section 12.1(a) amended 4/23/13; Conference Centers added (RZ-12-002/ORD-2013- 13)
93
Sales and service establishments for automobiles, trucks, recreational travel
vehicles, farm implements and motorcycles, subject to the setback
requirements of Section 12.6(d).
Schools, business, dancing, music and trade. Sheet
metal shops.
Sign painting shops.
Signs, outdoor advertising, subject to the provisions of Section 22.24 and
22.25.
Skating rinks.
Swimming
pools.
Telephone central office or service center.
Temporary or Seasonal Retail - provided that the area devoted to the use be
limited to less than 2,500 sq. ft. and that the use on the premises occurs for at
least 30 days and does not exceed 9 months within a calendar year.
Tourist homes.
Wholesale business, warehousing or service establishments, except as first
allowed in an "IR" or "IG" District.
Section 12.2 Special Exception Uses (Requiring Board Authorization After Public
Hearing)
(a) Wholesale and retail outside building material storage yards; utility storage yards,
such as water, electric, gas, communication and sewer; and outside storage yards
which are directly related to any principal permitted or special exception use in a
BG zone.
(b) Feed and grain sales, milling and/or storage.
(c) Outdoor drive-in theaters.
(d) Animal hospitals, veterinary clinics, or kennels with outside runways or exercise
areas which shall be 100 feet from any dwelling, place of worship, school or
institution for human care not located on the same lot and subject to additional
requirements of Section 12.5.
(e) Research and development facilities as defined in Article 28A.
(f) Adult bookstores provided that no such establishment is located within 1,000 feet of
any residential district, within 1,000 feet of a place of worship or school, within
1,000 feet of any restaurant, eating establishment, hotel or motel, within 1,000
feet of any theater, club or lodge, or within 1,000 feet of any other adult book store
94
or adult mini-motion picture theater.
95
(g) Adult mini-motion picture theaters, provided that no such establishment is located
within 1,000 feet of any residential district, within 1,000 feet of any place of
worship or school, within 1,000 feet of any restaurant, eating establishment, hotel
or motel, within 1,000 feet of any theater, club, or lodge, or within 1,000 feet of any
other adult mini-motion theater or adult book store.
(h) Any other facility providing any other type of adult entertainment provided that
no such establishment is located within 1,000 feet of any residential district,
within 1,000 feet of a place of worship or school, within 1,000 feet of any restaurant,
eating establishment, hotel or motel, within 1,000 feet of any theater, club, or lodge,
or within 1,000 feet of any other adult book store, adult mini-motion picture
theater, or any other facility providing adult entertainment.
(i) Public utility buildings, structures, or uses not considered essential utility
equipment, as defined in Article 28A.
b) Commercial Communications Towers, subject to the requirements of
Section 4.22.
(k) Places of worship.
(l) Any other use that the Board finds is functionally similar to any principally
permitted use or special exception except adult book stores, adult mini- motion
picture theaters, or any other type of adult entertainment listed in this Article. The
Board shall not grant any special exception which is inconsistent with the purpose
set forth for this District, nor which will materially or adversely affect the use of
any adjacent or neighboring properties.
Section 12.3 Accessory Uses
(a) Uses and structures customarily accessory and incidental to any principal
permitted use or authorized conditional use, including business signs
pertaining to 'use on the premises" (provided, that such signs are located as
regulated in Section 22.23), and a single-family dwelling unit in the same
building with a principal use.
Section 12.4 Height Regulations
No structure shall exceed seventy-five (75) feet in height, except as provided in
Section 23.4.
Section 12.5 Lot Area, Lot Width and Yard Setback Requirements
The following minimum requirements shall be observed subject to the
modified requirements in Article 23.
96
USE LOT AREA LOT WIDTH YARD NO. OF STORIES (WIDTH EACH REAR YARD
Non-residential None None 40 ft.
10 ft.” 10 ft.”
Hotels 20,000 sq. 100 ft. 40 ft.
20 ft. 20 ft.*
Motels 1 acre 100 ft. 40 ft. 1 - 2 ?» 15 ft. 15 ft."
Residential parts
of non-
residential
Same as
°RU"
District
Same as
“RU”
District
Same as
°RU" District
Same as
*RU" District
Same as °RU"
Oistrict
Same as
“RU”
District
‘“*Animal hospitals, veterinary clinics, or kennels with outside runways or exercise
1 acre 200 ft. 50 ft.
50 ft. 50 ft.
* Subject to requirements of Section 12.4.
” Except adjoining any RR, RT, RS, RU, or RM District, in which case not less than thirty-five (35) feet and subject to
all applicable screening requirements. "“(See also section 12.2(d)).
Section 12.6 Design Standards
(a) Site Coverage: Impermeable site coverage (Parking areas, building area, and other
paved surfaces) shall not be greater than 80% of the gross area of the site. This site
coverage limitation shall not include any area of pervious or permeable pavement.
(b) Refuse: Adequate provision shall be made for storage and collection of refuse.
Refuse collection and storage areas shall not be located in the front yard or in the
front of the building. Refuse collection and storage areas may be located on the side
or to the rear of the building but not in the side yard setback. Refuse collection and
storage areas shall be completely shielded from view at all times by fencing or
landscaping that meets the applicable requirements of Article 22, Division XI.
(c) Landscaping: Permeable areas of the site, excluding permeable pavement, shall be
landscaped with ground cover, shrubs, and trees according to the guidelines
contained in Article 22, Division XI. If the new use is adjacent to any lot occupied
by a dwelling, school, place of worship, or institution for human care not located
on the same lot as said use or buildings, or any lot which is part of a duly recorded
residential subdivision, it shall be effectively
97
screened according to the buffering requirements contained in Article 22,
Division XI.
When additional screening and buffering is required or appropriate to
enhance compatibility between uses it shall be provided according to the
buffering requirements contained in Article 22, Division XI.
(d) Vehicle Display: All vehicles displayed on sales lots, including farm
implements, shall be parked at least ten (10) feet from the public or private street or
road right-of-way, or from the curb, or from the street or road edge, whichever
provides the greatest setback.
(e) Lighting: All sites which will receive night use shall be provided lighting for safety
and aesthetics. Lighting shall be provided in accordance with the regulations and
guidelines contained in Article 22, Division X.
(Q Signs: Signs may be provided and shall be in accordance with the regulations and guidelines contained in Article 22, Division II.
(g) Loading Areas: All uses shall provide an appropriately sized area for parking
vehicles to load and unload goods and materials. The designated loading area shall
not be located where it will interfere with the flow of traffic in the parking lot or on
adjacent public or private streets. Loading areas shall be provided in accordance
with the regulations and guidelines contained in Article 22, Division l. Where
appropriate and approved by the Planning Commission, loading areas may be
shared among several uses on the same site.
(h) Outside Storage: All wholesale and retail outside building material storage yards
and other outside storage yards shall include a fence or a dense screen planting
of trees, shrubs, or other plant materials, or both, to the full length of the outdoor
storage area to serve as a barrier to visibility, air borne particles, glare or noise. Such
screen planting shall be in accordance with the following requirements:
1. Plant materials used in the screen planting shall be of such species and size
as will produce a complete visual screen of at least six (6) feet in height.
2. A fence, when erected as a screen, shall be not less than six (6) feet in height,
and shall be placed no closer than three (3) feet from any street or property
line.
3. The screen planting shall be placed so that at maturity it will be no closer
than ten (10) feet from any street or property line.
4. No structure, fence, planting or other obstruction shall be permitted which
would interfere with traffic visibility across the corner of a lot and at
access driveways within a required clear sight triangle. Such clear sight
triangle shall be maintained in the area between a plane
98
two (2) feet above curb level and a plane seven (7) feet above curb
level.
5. The screen planting or fence shall be broken only at points of vehicular
or pedestrian access.
6. The screening requirements of Article 22, Division XI shall also apply and
the stricter shall prevail.
(i) Permanent or temporary outside display areas shall be designated on the site plan
and shall be designed to be consistent with the non-parking uses in parking facilities
guidelines contained in Section 22.14. Outside display areas are subject to the
yard requirements of Section 12.5.
(j) Unoccupied commercial buildings shall be subject to the following maintenance
of vacant buildings guidelines.
1. The property shall be kept clear of trash.
2. Parking lot lights shall be illuminated during the evening business hours
of the surrounding commercial area. If there is no adjacent commercial
area, the property shall be minimally lit for security purposes.
3. Commercial identification signs shall be removed and the space behind
them repainted or treated in an appropriate manner to maintain an
appearance consistent with the remainder of the building.
4. Landscaped areas shall be kept clear of weeds and be properly
maintained.
5. Buildings shall be kept in good condition (painted areas kept in good
condition, windows kept in good and clean condition, walls and other
surfaces kept clear of graffiti and other staining elements, destruction
caused by vandals repaired, etc.).
6. Contact information shall be posted.
(k) All new development in the Business, General District shall be served by public
water and sewer facilities that have been approved by the Washington County
Health Department.
1. The Planning Commission may waive this requirement after consultation
and advice from the Health Department.
2. Prior to a decision to grant or not grant a waiver of this requirement, the Planning Commission shall consider the following:
i. The need to protect environmental resources from potential
pollution from failing septic systems.
99
iÏ.
ÎV.
The availability and proximity of existing public water and
sewer facilities.
The status of any available plans for utilité extensions in the
future that may serve the area.
The existence and operation of private, on-site health facilities
in the vicinity.
v. Recommendations of the Washington County Health
Department.
vi. The adopted Washington County Water and Sewerage Plan.
vii. Recommendations of the potential service provider.
VÏÎ
Î.
ÎX.
Any grant of a waiver to allow the use of a private, on-site well
or septic system is conditional upon the agreement to abandon
the private system and connect to the public utility when it
becomes available.
When the Planning Commission has determined that a waiver
from the required use of public water and sewer facilities is
appropriate, the minimum lot size shall be as specified in
Section 12.5. Lot dimensions shall also conform to any
applicable minimum requirements affecting lot size, width, or
separations imposed by the Washington County Health
Department.
x. Any private on-site well or septic system shall meet all Health
Department requirements.
(I) All new development in the Business, General District shall comply with the
requirements of the Washington County Adequate Public Facilities
Ordinance.
Section 12.7 Site Plan
A Site Plan with an approved Forest Stand Delineation and Forest Conservation
Plan is required (Section 4.11) for all principally permitted and approved special
exception uses. All Site Plans shall contain information as required by the applicable
sections of this Article and this Ordinance and shall not be approved without compliance
with the applicable sections.
100
S
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CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE
C1 1080.86'715.42'702.43'S 03°07'20" W 37°55'26"
C2 100.00'106.40'101.45'S 89°13'32" W 60°57'42"
C3 40.00'65.51'58.43'N 82°01'35" W 93°50'08"
C4 3744.72'1114.47'1110.36'N 19°06'21" E 17°03'07"
C5 1140.86'755.09'741.39'N 03°07'17" E 37°55'19"
C1
S 2
2
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W
38
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9
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LINE BEARING DISTANCE
L17 S 67°59'25" E 60.00'
L18 N 89°18'05" W 62.59'
L19 S 68°10'38" W 35.32'
L20 N 61°12'55" W 274.13'
L21 N 66°04'24" W 103.00'
L22 S 83°23'44" W 71.19'
L23 S 22°01'04" W 248.67'
L24 S 40°17'37" W 141.06'
L25 N 70°29'48" W 106.21'
L26 N 20°53'49" E 130.55'
L27 N 22°00'35" E 266.34'
L28 S 16°42'34" E 170.85'
L29 S 11°01'01" E 109.08'
L30 S 24°40'30" E 66.40'
L32 N 75°51'38" W 259.92'
L33 N 16°42'34" W 180.91'
L34 S 75°51'38" E 262.53'
L1
N 70°2
1
'
3
9
"
W
631.24
'
C2
C3
L2
L3
L4
N 84°54'15" W
431.21'
C4
N 2
7
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3
7
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5
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E
84
6
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722.25'N
1
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48
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69
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1319.82'
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69
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72
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L5
L6
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L7
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587.9
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L1
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70
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L16
X
X
X
X
X
X
X
X
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X
X
X
X
X
X
X
X
X
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IN
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7
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D
W
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H
T
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I
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E
N
H
O
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R
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Y
N/F
Ronald and Carol Michael
Liber 5434, folio 212
N/F
Hancock Assembly of
God Church
Liber 829, folio 596
N/F
Pittman Properties LLC
Liber 3195, folio 245
N/F
Joseph and Kathy Lashley
Liber 1054, folio 500
N/F
Lanco Dairy Farms Co Op LLC
Liber 5079, folio 198
N/F
Hancock Assembly of God Church
Liber 822, folio 726
N/F
Hancock Assembly of God Church
Liber 742, folio 370
Lands of Orchard Business Park
Limited Part
Liber 1459, folio 851
64.38 Ac.
Parcel 117
Lands of FRM LLC
Liber 1660, folio 1086
64.36 Ac.
Parcel 5
N/F
Orchard Business Park LP
Deed Book 274, page 87
WA
R
F
O
R
D
S
B
U
R
G
R
O
A
D
MD
G
R
I
D
N
O
R
T
H
UP C&P 22
UP C&P 21
UP C&P
UP 25048
UP 25047
UP 25046
UP 25045
UP 25044 UP 25009
UP C&P 19
UP 25043
UP 25008
UP C&P 18
UP C&P 17
UP 25042
UP 25007
UP C&P 16
UP 25041 UP 25006
UP C&P 15
UP 25040
UP H13589
UP C&P 14
UP 25039
UP C&P 13
UP 25038
UP H28342
UP C&P 12
UP 25037
UP C&P 11
UP 25036
UP C&P 10UP 25035
UP C&P 9
UP H5402
UP 25033
UP 25032
UP C&P 24
UP 25049
UP C&P 25
UP 25034
Existing Buildings
Existing Building
N/F
Lanco Dairy Farms Co-Op
Deed Book 619, page 254
L13
AREA TO BE ANNEXED
133.78 Ac.
No
r
t
h
B
o
u
n
d
L
a
n
e
So
u
t
h
B
o
u
n
d
L
a
n
e
Lands of Orchard Business Park LP
Liber 3689, folio 53
1.88 Ac.
Lands of Mary V. Baier
and Wayne R. Baier
Liber 3392, folio 218
3.156 Ac.
N/F
Donna Miller and Russell Miller
Deed Book 169, Page 431
N/F
Joseph and Kathy Lashley
Liber 5071, folio 73
PENNSYLVANIA
MARYLAND
L17
Existing Driveway
Iron Rod
(Fnd.)
Pipe
(Fnd.)
Pipe
(Fnd.)
Pipe
(Fnd.)
Rebar
(Fnd.)
I.P. (Fnd.)
Stone Pile
(Fnd.)
I.P. (Fnd.)
I.P. (Fnd.)
I.P. (Fnd.)
L18
Parcel 119
Parcel 73
Annexation Plat
for
The Town of Hancock
situate along both sides of Warfordsburg Road
WASHINGTON COUNTY, MARYLAND
TAX MAP
DRAWN BY:
CHECKED BY:
SCALE:
DRAWING NUMBER OF
DATE:
DATE:
JO
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20 WEST BALTIMORE STREET, GREENCASTLE, PENNSYLVANIA 17225
128 SOUTH POTOMAC STREET, HAGERSTOWN, MARYLAND 21740
CIVIL ENGINEERS SURVEYORS LANDSCAPE ARCHITECTS LAND PLANNERS
(717) 597-1007(301) 791-3650 (717) 701-8111 FAX (301) 739-4956
C
505 SOUTH HANOVER STREET, CARLISLE, PENNSYLVANIA 17013
5201 SPRING ROAD, SUITE 3, SHERMANSDALE, PENNSYLVANIA 17090
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3, Parcels 5, 73, 117, & 119
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CMT 6/1/2020
1" = 300'
2020
INTERST
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SURVEYOR'S CERTIFICATION
I hereby certify to the best of my professional knowledge and belief that the plat shown hereon is correct; that it is
of lands to be annexed by the Town of Hancock, which includes the land described in a deed from Mellott
Company, formerly known as H.B. Mellott Estate, Inc., to Orchard Business Park Limited Parternship, dated June
5, 2009, recorded among the Land Records of Washington County, Maryland in Liber 3689, folio 53, of the land
described in a deed from H.B. Mellott Estate, Inc., to Orchard Business Park Limited Partnership, dated November
30, 1998, recorded among the Land Records of Washington County, Maryland in Liber 1459, folio 851, of the land
described in a deed from FRM Development Corporation as general partner and Terry L. Randall and Jennifer J.
Gordon, executors of the Estate of Forrest R. Mellott, as limited partner, of FRM Limited Partnership, to FRM, LLC,
dated May 8, 2001, recorded among the Land Records of Washington County, Maryland in Liber 1660, folio 1086,
of the land described in a deed from James A. Zahniser and Shirley L. Zahniser, Trustees under the James and
Shirley Zahniser Living Trust, Wayne R. Baier and Mary V. Baier, dated September 12, 2007, recorded among the
Land Records of Washington County, Maryland in Liber 3392, folio 218,and part of Warfordsburg Road; that this
boundary survey was personally prepared by me or that I was in responsible charge over its preparation and the
surveying work reflected hereon is in compliance with the requirements set forth in COMAR 09.13.06.03 in effect
at the time this survey was performed.
I hereby certify that these documents were prepared or approved by me, and that I am a duly licensed
professional land surveyor under the laws of the State of Maryland, License No. 10731, Expiration Date: January
16, 2022.
AREA OF NEW ANNEXATION
136.94 Ac. Total
Open Session Item
SUBJECT: Restaurant Relief Grant, Phase II and Hotels and Lodging Provider Grant
PRESENTATION DATE: Tuesday, January 12, 2021
PRESENTATION BY: Susan Small, Director of Business Development
RECOMMENDED MOTION: Move to approve the acceptance of the grant funds in the amount
of $811,338 for the provision of additional restaurant relief, and $581,461 for the provision of a hotel
and lodging business grant program, from the Maryland Department of Business Management through
the Department of Commerce.
REPORT-IN-BRIEF: Maryland is launching an additional $30 million grant program to continue
direct relief to the restaurant industry across the State. Additionally, a new $50 million grant
program will be funded to provide direct relief to hotels and lodging across the State. As in the past,
these funds will be allocated to local jurisdictions in the form of a grant from the state and must be
disbursed to businesses by no later than March 31, 2021, which includes the first round of restaurant
relief.
DISCUSSION: Washington County Department of Business Development will be utilizing the
previous Restaurant Relief program from November 2020 in order disburse the second phase of
funding. To enable funding to reach a wider range of restaurants, we ask those restaurants that have
already been awarded through the restaurant relief program (Phase I) to kindly refrain from applying
to Phase II. The maximum award for this grant program is a total of up to $20,000 per applicant, and
will be administered on a first come, first serve basis until the funding has been expended.
For the hotel and lodging provider grant program, grant awards will be predetermined and distributed
to businesses proportionately based on the hotel and lodging providers’ share of hotel and rental
tax generated by accommodations. The Department of Business Development will be mailing
award/acceptance letters and applications to be returned within a specified time frame in order for the
hotel or lodging provider to receive funding.
FISCAL IMPACT: N/A
CONCURRENCES: John Martirano, County Administrator; Susan Buchanan, Director, Grant
Management
ATTACHMENTS: Restaurant Relief Phase II Application
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Rise Up Restaurant Relief
Washington County Grant Assistance Program
APPLICATION FORM - PHASE TWO
By completing this application, the applicant accepts the following terms:
1. All of the information set forth in the Application is true and correct.
2. The Grantee and the person signing below have the authority or right to sign this formal
application and agree to its terms.
3. The applicant is and will remain, in compliance with the laws of the Federal Government
and the State of Maryland and its political subdivisions, including all laws prohibiting dis-
crimination.
4. If any information or certification in the Application or any attachments to the Application
are false or materially misleading, the Grantee shall repay any awarded grant funds back to
Washington County, MD in the full amount.
Eligibility Criteria
1. To enable funding to reach a wider range of restaurants, we are unable to provide funding to those
restaurants that have already been awarded through the restaurant relief program Phase 1, that was
released on November 4, 2020.
2. Must own, rent, or lease a permanent or mobile commercial food and/or beverage service location
in Washington County as of March 1, 2020 (non-profit organizations, commissaries, food banks,
groceries, farmers markets, vending machines, home kitchens, etc. are not eligible)
3. Business must have a current Washington County business license and have been in busi- ness on
March 1, 2020, and the business must be in good standing with Washington County Government
and the State of Maryland with no outstanding taxes, fees, or other charges, and registered
with the state, if required by law.
4. Eligible expenses may include, but are not necessarily limited to working capital, such as rent,
payroll, and job training, purchase of equipment and services to expand outdoor dining, such
as tents, heaters, warmers, and carts, infrastructure improvements, such as HVAC system
upgrades, technology to support carryout and delivery, purchase of PPE and disposable food
containers or utensils, sanitation services, and any other costs re- lated to continuity of
business.
5. The maximum award for this grant program is a total of up to $20,000 per applicant, no matter
how many individual businesses you own.
- 1 -
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Applicant Information
Business Legal Name:
Doing Business As (DBA):
Tax ID/EIN:
Physical Address:
City:
Business Phone Number:
Business Website:
Contact Name:
Phone Number:
Email:
Required Applicant Information:
If you answer NO to any of the following questions, then your business does not qualify for
this grant. Please visit www.washcorises.net for additional financial assistance.
Is the business in good standing with Washington County Government and the State of
Maryland with no outstanding taxes, fees, or other charges, and registered with the state, if
required by law.
Check: YES _ or NO _
Have you owned, rented, or leased a permanent or mobile commercial food and/or beverage
service location in Washington County as of March 1, 2020
Check: YES _ or NO _
Are you a For-profit, locally owned and operated restaurant?
Check: YES or NO _
I understand all funds must be dispensed by March 31, 2021.
Check: YES _ or NO _
I acknowledge if my business received funding from the Washington County, MD Restaurant Relief
Grant Program Phase 1 I am not eligible to apply for this Phase 2
Check: YES _ or NO _
Please indicate the percentage of your revenue which comes from the sale of food or
beverages:
- 2 -
[ ]
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Type of Business: (Choose below)
_ Restaurant Convenience Store _ _ Mobile _ Carry-out only
_ Brewery/Vineyard/Distillery _ Other:
Year established:
Do you own (with a mortgage), lease, or rent your business site?
_ Lease _ Rent _ Own with a mortgage _ _ Own without a mortgage
Current number of employees: Full-time Part-time
Business Structure:
Sole Proprietorship Limited Liability Company (LLC) _ Corporation
_ Partnership _ S-Corporation
Please explain how COVID-19 has impacted your business and how this grant would
benefit the stabilization of your restaurant business.
Application Submission Checklist:
The following documents are required in order for an application to be considered
complete. It is the applicant’s sole responsibility to ensure everything is submitted in a timely
manner. For consideration of your application, the following must be submitted:
Complete and attach Vendor Form and W-9 Form. (required to process payment.)
Completed and Signed Application
Additional financial information and/or financial statements may be requested and required.
- 3 -
This form is for gathering statistical data only. This form will be separated from the application and information provided in it will
not be a part of the application process. Furnishing this information is voluntary; failure to do so will have no effect on the approval
of the requested financial assistance
If the applicant will be providing the requested financial assistance to another recipient (e.g. a facility user or borrower),
“Respondent” should be the recipient of the financial assistance.
Is Respondent the APPLICANT and/or RECIPIENT (or FACILITY USER)
Respondent does not wish to furnish this information
If Respondent is a business organization:
If Respondent is a business owned and controlled primarily by individuals who are identified in any of the following categories,
please check all the categories that apply:
Female
Of Hispanic or Latino origin American
Indian or Alaska Native Asian
Black or African American
Native Hawaiian or other Pacific Islander
White
Veteran
Is the Respondent a State/Federal/Other certified Minority Business Enterprise? Yes No
If yes, please provide your:
State MBE Certification number:
Federal 8(a)/SDB certification number:
Identify who the other issuer is and the other certification number:
Respondent is a publicly held entity or other organization not classifiable as owned by individuals of a particular
gender, race, ethnicity, or veteran status.
If the Respondent is an individual:
Is the Respondent Female? Yes No Is
the Respondent of Hispanic of Latino origin? Yes No Is the
Respondent a Veteran? Yes No
Which of the following categories described the Respondent (multiracial respondents may select all applicable racial categories):
American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or other Pacific Islander
White
- 4 -
ACKNOWLEDGMENT AND CERTIFICATION
I/We hereby certify that I/we have read and understand the information contained in the Application and meet the eligibility
guidelines for the program. I/we have willing intentions to continue operating my/our business for at least the next 12 months,
subject to further guidelines from the Maryland Governor and accompanying Governors Order(s). I/we also certify that the
above information is true and correct and understand that any misinformation submitted or omitted could result in the
dismissal of this request for program assistance. I/we understand that this application does not guarantee assistance and all
eligibility guidelines, terms, and conditions must be met in order to receive benefits. Applicant acknowledges that
“confidential commercial information” and “confidential financial information” submitted with or on this Application Form are
entitled to protection under the Maryland Public Information Act (the “Act”). The County shall produce this Application (and
any attachments thereto) to third parties only in accordance with the Act and cases construing same.
Applicants must comply with all conditions indicated on their application form and there may be additional
supporting documentation requested by the review team at any time during the process. All eligible grantees
receiving an Eligible Grant will be required to (i) maintain records evidencing compliance with the requirements
of the Eligible Grant for a period of five (5) years from the date of the Eligible Grant, and (ii) permit any duly
authorized representative of the Department or the State to inspect and audit all records and documents of the eligible
grantee relating to the Eligible Grant.
If the application has been approved, the applicant will receive an award notification letter which will serve as the
grant agreement document. Signing the grant application and depos-iting or negotiating the grant award check
indicates Applicant’s acceptance of all grant terms and conditions. The Applicant further agrees to provide any
additional documents that may be need in the future if a federal audit is required. If an audit determines that grant
funds were used for an ineligible, impermissible, or disallowed purpose, the recipient acknowl-edges that
recipient is liable to and must reimburse the County in the amount of the grant funds used for an ineligible,
impermissible, or disallowed purpose.
By signing below, I certify that the information above is true and correct, I agree to comply with the program
requirements and eligibility as described in the above Rise Up Restaurant Relief Grant Eligibility Criteria and
Application, and I understand that if my application is ap-proved, failure to comply with said terms and conditions
will result in termination of the Grant Award letter.
Applicant Signature Date
Submit application to:
Washington County Department of Business Development
100 W. Washington Street, Suite 1401
Hagerstown, MD 21740
Riseup@washco-md.net
- 5 -
Form W-9
(Rev. October 2018) Department of the Treasury Internal Revenue Service
Request for Taxpayer Identification Number and Certification
▶ Go to www.irs.gov/FormW9 for instructions and the latest
information.
Give Form to the
requester. Do not
send to the IRS.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
following seven boxes.
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Exempt payee code (if any)
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶
Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check
LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions) ▶
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions. Requester’s name and address (optional)
6 City, state, and ZIP code
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and
Number To Give the Requester for guidelines on whose number to enter.
Social security number
– –
or
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X Form W-9 (Rev. 10-2018)
Sign Here Signature of
U.S. person Date
Pr
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Employer identification number
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Form W-9 (Rev. 10-2018) Page 2
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business
is not subject to the withholding tax on foreign partners' share of
effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating
that you are exempt from the FATCA reporting, is correct. See What is
FATCA reporting, later, for further information.
Note: If you are a U.S. person and a requester gives you a form other
than Form W-9 to request your TIN, you must use the requester’s form if
it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien;
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States;
• An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax under section 1446 on any foreign partners’ share of effectively
connected taxable income from such business. Further, in certain cases
where a Form W-9 has not been received, the rules under section 1446
require a partnership to presume that a partner is a foreign person, and
pay the section 1446 withholding tax. Therefore, if you are a U.S. person
that is a partner in a partnership conducting a trade or business in the
United States, provide Form W-9 to the partnership to establish your
U.S. status and avoid section 1446 withholding on your share of
partnership income.
In the cases below, the following person must give Form W-9 to the
partnership for purposes of establishing its U.S. status and avoiding
withholding on its allocable share of net income from the partnership
conducting a trade or business in the United States.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner
of the disregarded entity and not the entity;
• In the case of a grantor trust with a U.S. grantor or other U.S. owner,
generally, the U.S. grantor or other U.S. owner of the grantor trust and
not the trust; and
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust
(other than a grantor trust) and not the beneficiaries of the trust.
Foreign person. If you are a foreign person or the U.S. branch of a
foreign bank that has elected to be treated as a U.S. person, do not use
Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see
Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign
Entities).
Nonresident alien who becomes a resident alien. Generally, only a
nonresident alien individual may use the terms of a tax treaty to reduce
or eliminate U.S. tax on certain types of income. However, most tax
treaties contain a provision known as a “saving clause.” Exceptions
specified in the saving clause may permit an exemption from tax to
continue for certain types of income even after the payee has otherwise
become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.
1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption from tax.
5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an
exemption from tax for scholarship income received by a Chinese
student temporarily present in the United States. Under U.S. law, this
student will become a resident alien for tax purposes if his or her stay in
the United States exceeds 5 calendar years. However, paragraph 2 of
the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows
the provisions of Article 20 to continue to apply even after the Chinese
student becomes a resident alien of the United States. A Chinese
student who qualifies for this exception (under paragraph 2 of the first
protocol) and is relying on this exception to claim an exemption from tax
on his or her scholarship or fellowship income would attach to Form
W-9 a statement that includes the information described above to
support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the
appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you
must under certain conditions withhold and pay to the IRS 24% of such
payments. This is called “backup withholding.” Payments that may be
subject to backup withholding include interest, tax-exempt interest,
dividends, broker and barter exchange transactions, rents, royalties,
nonemployee pay, payments made in settlement of payment card and
third party network transactions, and certain payments from fishing boat
operators. Real estate transactions are not subject to backup
withholding.
You will not be subject to backup withholding on payments you
receive if you give the requester your correct TIN, make the proper
certifications, and report all your taxable interest and dividends on your
tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the instructions for
Part II for details),
3. The IRS tells the requester that you furnished an incorrect TIN,
4. The IRS tells you that you are subject to backup withholding
because you did not report all your interest and dividends on your tax
return (for reportable interest and dividends only), or
5. You do not certify to the requester that you are not subject to
backup withholding under 4 above (for reportable interest and dividend
accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding.
See Exempt payee code, later, and the separate Instructions for the
Requester of Form W-9 for more information.
Also see Special rules for partnerships, earlier.
What is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a
participating foreign financial institution to report all United States
account holders that are specified United States persons. Certain
payees are exempt from FATCA reporting. See Exemption from FATCA
reporting code, later, and the Instructions for the Requester of Form
W-9 for more information.
Updating Your Information
You must provide updated information to any person to whom you
claimed to be an exempt payee if you are no longer an exempt payee
and anticipate receiving reportable payments in the future from this
person. For example, you may need to provide updated information if
you are a C corporation that elects to be an S corporation, or if you no
longer are tax exempt. In addition, you must furnish a new Form W-9 if
the name or TIN changes for the account; for example, if the grantor of a
grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a
requester, you are subject to a penalty of $50 for each such failure
unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you
make a false statement with no reasonable basis that results in no
backup withholding, you are subject to a $500 penalty.
Form W-9 (Rev. 10-2018) Page 3
Criminal penalty for falsifying information. Willfully falsifying
certifications or affirmations may subject you to criminal penalties
including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of
federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line
blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account (other than an account
maintained by a foreign financial institution (FFI)), list first, and then
circle, the name of the person or entity whose number you entered in
Part I of Form W-9. If you are providing Form W-9 to an FFI to document
a joint account, each holder of the account that is a U.S. person must
provide a Form W-9.
a. Individual. Generally, enter the name shown on your tax return. If
you have changed your last name without informing the Social Security
Administration (SSA) of the name change, enter your first name, the last
name as shown on your social security card, and your new last name.
Note: ITIN applicant: Enter your individual name as it was entered on
your Form W-7 application, line 1a. This should also be the same as the
name you entered on the Form 1040/1040A/1040EZ you filed with your
application.
b. Sole proprietor or single-member LLC. Enter your individual
name as shown on your 1040/1040A/1040EZ on line 1. You may enter
your business, trade, or “doing business as” (DBA) name on line 2.
c. Partnership, LLC that is not a single-member LLC, C
corporation, or S corporation. Enter the entity's name as shown on the
entity's tax return on line 1 and any business, trade, or DBA name on
line 2.
d. Other entities. Enter your name as shown on required U.S. federal
tax documents on line 1. This name should match the name shown on the
charter or other legal document creating the entity. You may enter any
business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is
disregarded as an entity separate from its owner is treated as a
“disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter
the owner's name on line 1. The name of the entity entered on line 1
should never be a disregarded entity. The name on line 1 should be the
name shown on the income tax return on which the income should be
reported. For example, if a foreign LLC that is treated as a disregarded
entity for U.S. federal tax purposes has a single owner that is a U.S.
person, the U.S. owner's name is required to be provided on line 1. If
the direct owner of the entity is also a disregarded entity, enter the first
owner that is not disregarded for federal tax purposes. Enter the
disregarded entity's name on line 2, “Business name/disregarded entity
name.” If the owner of the disregarded entity is a foreign person, the
owner must complete an appropriate Form W-8 instead of a Form W-9.
This is the case even if the foreign person has a U.S. TIN.
Line 2
If you have a business name, trade name, DBA name, or disregarded
entity name, you may enter it on line 2.
Line 3
Check the appropriate box on line 3 for the U.S. federal tax
classification of the person whose name is entered on line 1. Check only
one box on line 3.
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting,
enter in the appropriate space on line 4 any code(s) that may apply to
you.
Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from
backup withholding.
• Except as provided below, corporations are exempt from backup
withholding for certain payments, including interest and dividends.
• Corporations are not exempt from backup withholding for payments
made in settlement of payment card or third party network transactions.
• Corporations are not exempt from backup withholding with respect to
attorneys’ fees or gross proceeds paid to attorneys, and corporations
that provide medical or health care services are not exempt with respect
to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup
withholding. Enter the appropriate code in the space in line 4.
1—An organization exempt from tax under section 501(a), any IRA, or
a custodial account under section 403(b)(7) if the account satisfies the
requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities
3—A state, the District of Columbia, a U.S. commonwealth or
possession, or any of their political subdivisions or instrumentalities
4—A foreign government or any of its political subdivisions, agencies,
or instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the
United States, the District of Columbia, or a U.S. commonwealth or
possession
7—A futures commission merchant registered with the Commodity
Futures Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the
Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a)
11—A financial institution
12—A middleman known in the investment community as a nominee or
custodian
13—A trust exempt from tax under section 664 or described in section
4947
IF the entity/person on line 1 is
a(n) . . .
THEN check the box for . . .
• Corporation Corporation
• Individual
• Sole proprietorship, or
• Single-member limited liability
company (LLC) owned by an
individual and disregarded for U.S.
federal tax purposes.
Individual/sole proprietor or single-
member LLC
• LLC treated as a partnership for
U.S. federal tax purposes,
• LLC that has filed Form 8832 or
2553 to be taxed as a corporation,
or
• LLC that is disregarded as an
entity separate from its owner but
the owner is another LLC that is
not disregarded for U.S. federal tax
purposes.
the appropriate tax classification.
or S= S corporation)
Form W-9 (Rev. 10-2018) Page 4
The following chart shows types of payments that may be exempt
from backup withholding. The chart applies to the exempt payees listed
above, 1 through 13.
IF the payment is for . . . THEN the payment is exempt
for . . .
Interest and dividend payments All exempt payees except
for 7
through 11 and all C corporations.
S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.
patronage dividends
reported and direct sales over
$5,0001
1 through 52
transactions
1 See Form 1099-MISC, Miscellaneous Income, and its instructions.
2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup
withholding: medical and health care payments, attorneys’ fees, gross
proceeds paid to an attorney reportable under section 6045(f), and
payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify
payees that are exempt from reporting under FATCA. These codes
apply to persons submitting this form for accounts maintained outside
of the United States by certain foreign financial institutions. Therefore, if
you are only submitting this form for an account you hold in the United
States, you may leave this field blank. Consult with the person
requesting this form if you are uncertain if the financial institution is
subject to these requirements. A requester may indicate that a code is
not required by providing you with a Form W-9 with “Not Applicable” (or
any similar indication) written or printed on the line for a FATCA
exemption code.
A—An organization exempt from tax under section 501(a) or any
individual retirement plan as defined in section 7701(a)(37)
B—The United States or any of its agencies or instrumentalities
C—A state, the District of Columbia, a U.S. commonwealth or
possession, or any of their political subdivisions or instrumentalities
D—A corporation the stock of which is regularly traded on one or
more established securities markets, as described in Regulations
section 1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated
group as a corporation described in Regulations section 1.1472-1(c)(1)(i)
F—A dealer in securities, commodities, or derivative financial
instruments (including notional principal contracts, futures, forwards,
and options) that is registered as such under the laws of the United
States or any state
G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an
entity registered at all times during the tax year under the Investment
Company Act of 1940
I—A common trust fund as defined in section 584(a) J—
A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section
4947(a)(1)
M—A tax exempt trust under a section 403(b) plan or section 457(g)
plan
Note: You may wish to consult with the financial institution requesting
this form to determine whether the FATCA code and/or exempt payee
code should be completed.
Line 5
Enter your address (number, street, and apartment or suite number).
This is where the requester of this Form W-9 will mail your information
returns. If this address differs from the one the requester already has on
file, write NEW at the top. If a new address is provided, there is still a
chance the old address will be used until the payor changes your
address in their records.
Line 6
Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and
you do not have and are not eligible to get an SSN, your TIN is your IRS
individual taxpayer identification number (ITIN). Enter it in the social
security number box. If you do not have an ITIN, see How to get a TIN
below.
If you are a sole proprietor and you have an EIN, you may enter either
your SSN or EIN.
If you are a single-member LLC that is disregarded as an entity
separate from its owner, enter the owner’s SSN (or EIN, if the owner has
one). Do not enter the disregarded entity’s EIN. If the LLC is classified as
a corporation or partnership, enter the entity’s EIN.
Note: See What Name and Number To Give the Requester, later, for
further clarification of name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately.
To apply for an SSN, get Form SS-5, Application for a Social Security
Card, from your local SSA office or get this form online at
www.SSA.gov. You may also get this form by calling 1-800-772-1213.
Use Form W-7, Application for IRS Individual Taxpayer Identification
Number, to apply for an ITIN, or Form SS-4, Application for Employer
Identification Number, to apply for an EIN. You can apply for an EIN
online by accessing the IRS website at www.irs.gov/Businesses and
clicking on Employer Identification Number (EIN) under Starting a
Business. Go to www.irs.gov/Forms to view, download, or print Form W-
7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to
place an order and have Form W-7 and/or SS-4 mailed to you within 10
business days.
If you are asked to complete Form W-9 but do not have a TIN, apply
for a TIN and write “Applied For” in the space for the TIN, sign and date
the form, and give it to the requester. For interest and dividend
payments, and certain payments made with respect to readily tradable
instruments, generally you will have 60 days to get a TIN and give it to
the requester before you are subject to backup withholding on
payments. The 60-day rule does not apply to other types of payments.
You will be subject to backup withholding on all such payments until
you provide your TIN to the requester.
Note: Entering “Applied For” means that you have already applied for a
TIN or that you intend to apply for one soon.
Caution: A disregarded U.S. entity that has a foreign owner must use
the appropriate Form W-8.
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or
resident alien, sign Form W-9. You may be requested to sign by the
withholding agent even if item 1, 4, or 5 below indicates otherwise.
For a joint account, only the person whose TIN is shown in Part I
should sign (when required). In the case of a disregarded entity, the
person identified on line 1 must sign. Exempt payees, see Exempt payee
code, earlier.
Signature requirements. Complete the certification as indicated in
items 1 through 5 below.
Form W-9 (Rev. 10-2018) Page 5
1. Interest, dividend, and barter exchange accounts opened
before 1984 and broker accounts considered active during 1983.
You must give your correct TIN, but you do not have to sign the
certification.
2. Interest, dividend, broker, and barter exchange accounts
opened after 1983 and broker accounts considered inactive during
1983. You must sign the certification or backup withholding will apply. If
you are subject to backup withholding and you are merely providing
your correct TIN to the requester, you must cross out item 2 in the
certification before signing the form.
3. Real estate transactions. You must sign the certification. You may
cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not
have to sign the certification unless you have been notified that you
have previously given an incorrect TIN. “Other payments” include
payments made in the course of the requester’s trade or business for
rents, royalties, goods (other than bills for merchandise), medical and
health care services (including payments to corporations), payments to
a nonemployee for services, payments made in settlement of payment
card and third party network transactions, payments to certain fishing
boat crew members and fishermen, and gross proceeds paid to
attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of
secured property, cancellation of debt, qualified tuition program
payments (under section 529), ABLE accounts (under section 529A),
IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct
TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished.
2 Circle the minor’s name and furnish the minor’s SSN.
3 You must show your individual name and you may also enter your
business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the
IRS encourages you to use your SSN.
4 List first and circle the name of the trust, estate, or pension trust. (Do
not furnish the TIN of the personal representative or trustee unless the
legal entity itself is not designated in the account title.) Also see Special
rules for partnerships, earlier.
*Note: The grantor also must provide a Form W-9 to trustee of trust.
Note: If no name is circled when more than one name is listed, the
number will be considered to be that of the first name listed.
Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information
such as your name, SSN, or other identifying information, without your
permission, to commit fraud or other crimes. An identity thief may use
your SSN to get a job or may file a tax return using your SSN to receive
a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a
notice from the IRS, respond right away to the name and phone number
printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you
think you are at risk due to a lost or stolen purse or wallet, questionable
credit card activity or credit report, contact the IRS Identity Theft Hotline
at 1-800-908-4490 or submit Form 14039.
For more information, see Pub. 5027, Identity Theft Information for
Taxpayers.
Victims of identity theft who are experiencing economic harm or a
systemic problem, or are seeking help in resolving tax problems that
have not been resolved through normal channels, may be eligible for
Taxpayer Advocate Service (TAS) assistance. You can reach TAS by
calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD
1-800-829-4059.
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of email and websites designed to
mimic legitimate business emails and websites. The most common act
is sending an email to a user falsely claiming to be an established
legitimate enterprise in an attempt to scam the user into surrendering
private information that will be used for identity theft.
For this type of account: Give name and EIN of:
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
15. Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
The trust
For this type of account: Give name and SSN of:
2. Two or more individuals (joint
account) other than an account
maintained by an FFI
The actual owner of the account or, if
combined funds, the first individual on
the account1
3. Two or more U.S. persons
(joint account maintained by an FFI)
Each holder of the account
4. Custodial account of a minor The minor2
5. a. The usual revocable savings trust
(grantor is also trustee)
b. So-called trust account that is not
a legal or valid trust under state law
The grantor-trustee1
The actual owner1
6. Sole proprietorship or disregarded
entity owned by an individual The owner3
7. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(i)
(A))
The grantor*
For this type of account: Give name and EIN of:
individual
9. A valid trust, estate, or pension trust Legal entity4
10. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
The corporation
11. Association, club, religious,
charitable, educational, or other tax-
exempt organization
The organization
12. Partnership or multi-member LLC The partnership
Form W-9 (Rev. 10-2018) Page 6
The IRS does not initiate contacts with taxpayers via emails. Also, the
IRS does not request personal detailed information through email or ask
taxpayers for the PIN numbers, passwords, or similar secret access
information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS,
forward this message to phishing@irs.gov. You may also report misuse
of the IRS name, logo, or other IRS property to the Treasury Inspector
General for Tax Administration (TIGTA) at 1-800-366-4484. You can
forward suspicious emails to the Federal Trade Commission at
spam@uce.gov or report them at www.ftc.gov/complaint. You can
contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338).
If you have been the victim of identity theft, see www.IdentityTheft.gov
and Pub. 5027.
Visit www.irs.gov/IdentityTheft to learn more about identity theft and
how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your
correct TIN to persons (including federal agencies) who are required to
file information returns with the IRS to report interest, dividends, or
certain other income paid to you; mortgage interest you paid; the
acquisition or abandonment of secured property; the cancellation of
debt; or contributions you made to an IRA, Archer MSA, or HSA. The
person collecting this form uses the information on the form to file
information returns with the IRS, reporting the above information.
Routine uses of this information include giving it to the Department of
Justice for civil and criminal litigation and to cities, states, the District of
Columbia, and U.S. commonwealths and possessions for use in
administering their laws. The information also may be disclosed to other
countries under a treaty, to federal and state agencies to enforce civil
and criminal laws, or to federal law enforcement and intelligence
agencies to combat terrorism. You must provide your TIN whether or
not you are required to file a tax return. Under section 3406, payers
must generally withhold a percentage of taxable interest, dividend, and
certain other payments to a payee who does not give a TIN to the payer.
Certain penalties may also apply for providing false or fraudulent
information.
Open Session Item
SUBJECT: Fort Ritchie – Contract Extension
January 7, 2021
Kirk C. Downey, County Attorney
Move to approve the Sixth Amendment to the Contract of Sale and
PRESENTATION DATE:
PRESENTATION BY:
RECOMMENDATION:
authorize its execution.
REPORT-IN-BRIEF: Fort Ritchie Contract Extension
DISCUSSION: The contract purchaser of Fort Ritchie requires a contract
extension to allow for the Marhle litigation to be resolved. The contract extension is necessary if
the transaction is to proceed to settlement.
FISCAL IMPACT: Additional carrying costs of the property during the extension; loss
of proceeds from the sale if not extended.
CONCURRENCES:
ALTERNATIVES:
ATTACHMENTS:
N/A
N/A
Sixth Amendment of Contract of Sale
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
1
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SIXTH AMENDMENT TO
AGREEMENT OF SALE OF REAL PROPERTY
THIS SIXTH AMENDMENT TO AGREEMENT OF SALE OF REAL PROPERTY (“Sixth
Amendment”) is effective as of this __ day of January, 2021, by and between the BOARD OF COUNTY
COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND, a body corporate and politic and a
political subdivision of the State of Maryland (“Seller”), and JOHN W. KRUMPOTICH, and/or ASSIGNS
(“Buyer”), with Seller and Buyer being hereinafter sometimes collectively referred to as the “Parties”.
EXPLANATORY NOTE:
WHEREAS, Seller and Buyer did enter into a certain Agreement of Sale of Real Property, dated
November 5, 2019, as amended by a certain First Amendment to Agreement of Sale of Real Property dated
January 16, 2020, a certain Second Amendment to Agreement of Sale of Real Property dated March 3,
2020, and a Third Amendment to Agreement of Sale of Real Property dated April 6, 2020, a Fourth
Amendment to Agreement of Sale of Real Property dated June 2, 2020, and a Fifth Amendment to
Agreement of Sale of Real Property dated June 30, 2020 (hereinafter collectively referred to as the
“Agreement”), pursuant to which Seller agreed to sell certain real property located in Washington County,
Maryland, commonly known as the Fort Richie Military Installation and as further described therein (the
“Property”), with all defined terms as set forth herein having the same meanings as set forth and defined in
the Agreement unless otherwise expressly noted, and
WHEREAS, on April 2, 2020, Craig Mahrle did file a Complaint for Declaratory Judgment and
Injunctive Relief against Seller and Buyer in the Circuit Court for Washington County, Maryland (the
“Court”), referenced as Case No. C-21-CV-20-000183 (the “Litigation”), which among other things,
challenges and seeks to prevent the sale of the Property from the Seller to the Buyer, and as such constitutes
a cloud of title and a lis pendens on the Property; and
2
Error! Unknown document property name.
WHEREAS, on April 15, 2020 and April 20, 2020, Seller and Buyer, respectively, filed motions
with the Court, requesting dismissal of the Litigation; and
WHEREAS, on May 12, 2020, the Court filed an Opinion and Order granting the motions of Seller
and Buyer and dismissing the Litigation (the “Dismissal Order”); and
WHEREAS, under Maryland law, the Dismissal Order is subject to a thirty (30)-day appeal period
which expires on June 11, 2020 (the “Appeal Period”), and as such, the disposition of the Litigation is not
final until the Appeal Period has run and expired; and
WHEREAS, on June 9, 2020, Craig Mahrle did file a Notice of Appeal to the Court of Special
Appeals, referenced as Case No. CSA-REG-0327-2020 (the “Appeal”); and
WHEREAS, the appeal is still pending in the Court of Special Appeals; and
WHEREAS, due to the existence of the Appeal, Seller cannot deliver title to the Buyer as required
by Paragraph 9(a) of the Agreement by the extended Closing Date of January 31, 2021, and as a result
thereof, the Parties have agreed to further extend the Closing Date in order to allow the Appeal to be
resolved.
NOW, THEREFORE, in consideration of the mutual promises herein contained, to be kept and
observed by the respective Parties hereto, and for other good and valuable consideration by each of the
Parties hereto unto the other in hand paid, the receipt and sufficiency of which are hereby acknowledged,
the Parties agree as follows:
1. The introductory clause and Explanatory Note set forth above accurately reflect the
understanding of the Parties and by this reference are incorporated herein and made a part hereof. Any and
all defined terms as set forth in this Sixth Amendment shall have the same meaning and definition as set
forth in the Agreement unless expressly provided otherwise hereunder.
3
Error! Unknown document property name.
2. In order to allow time for Seller to continue to obtain the successful resolution of the Appeal
and cause it to be dismissed and finally resolved, the Closing Date set forth in Paragraph 4 of the Agreement
is hereby further extended until the earlier of either the date that is forty-five days after the date the Appeal
is fully resolved and concluded with no further proceedings pending or being pursued by Craig Mahrle or
July 31, 2021; with it being expressly understood and agreed between the Parties that inasmuch as such
extension is not due to any fault of Buyer, no extension fee or additional Deposit from Buyer is due or
required. From and after the date hereof, any and all references to the Closing Date as set forth in the
Agreement shall mean and refer to the earlier of the two dates detailed in this paragraph of this Sixth
Amendment.
3. With respect to the Appeal, Seller hereby agrees to proceed to fully and vigorously defend
the Appeal and immediately seek to have the Appeal dismissed or successfully concluded with prejudice so
that it no longer constitutes a cloud of title and lis pendens on the Property; time being of the essence.
Notwithstanding the extension of the Closing Date as herein provided, because of the Appeal, Seller
acknowledges that: (a) while the Appeal is pending, Seller will not be able to convey the Property to Buyer
in accordance with the requirements of the Agreement (as the continuing Appeal constitutes a “Title Defect”
under paragraph 9. (a) of the Agreement which was not in existence of the date of the title report as described
in such paragraph); and (b) in the event the Appeal is not resolved in the time contemplated or is resolved
unsuccessfully, Buyer, in order to preserve and protect its current investment in the Property, shall have no
alternative other than to avail itself of all rights and remedies under the Agreement, including but not limited
to all of the Buyer’s rights under Paragraph 13 thereof.
4. In all other respects, not specifically modified in this Sixth Amendment, the terms,
conditions, provisions, covenants, and agreements set forth in the Agreement, shall remain in full force and
effect, and any conflicts among the terms of the Agreement and the terms of this Sixth Amendment shall be
4
Error! Unknown document property name.
resolved in favor of the terms of this Sixth Amendment. Any and all defined terms set forth herein shall
have the same meaning as set forth in the Agreement, except as modified herein.
5. The Parties do hereby expressly ratify and confirm all terms and provisions of the
Agreement, as amended hereby, and nothing as set forth herein shall serve to nullify or constitute a waiver
of any of Buyer’s rights under the Agreement, including all of the Buyer’s rights under Paragraph 13 of the
Agreement.
6. This Sixth Amendment shall only be valid and enforceable upon the execution hereof by the
Parties and may be executed and delivered in any number of counterparts, each of which so executed and
delivered shall be deemed to be an original and all of which shall constitute one and the same instrument.
This Sixth Amendment may be circulated to the respective Parties for execution by facsimile or other
electronic transmission and such copy of this Sixth Amendment shall be sufficient to bind the parties to the
terms, conditions, and provisions hereof. The signatures of the Parties need not appear on the same
counterpart of this Sixth Amendment provided that each party has fully executed a counterpart hereof.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
5
Error! Unknown document property name.
IN WITNESS WHEREOF, Seller and Buyer have caused this Sixth Amendment to be executed
as of the day and year first above written.
WITNESS: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
______________________________ BY:_____________________________(SEAL)
Jeffrey A. Cline, President
SELLER
WITNESS
______________________________ _________________________________(SEAL)
John W. Krumpotich
BUYER