HomeMy WebLinkAbout210622a
Jeffrey A. Cline, President
Terry L. Baker, Vice President
Krista L. Hart, Clerk
100 West Washington Street, Suite 1101 | Hagerstown, MD 21740-4735 | P: 240.313.2200 | F: 240.313.2201
WWW.WASHCO-MD.NET
BOARD OF COUNTY COMMISSIONERS
June 22, 2021
OPEN SESSION AGENDA
9:00 AM MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Jeffrey A. Cline
APPROVAL OF MINUTES: June 15, 2021
9:05 AM COMMISSIONERS’ REPORTS AND COMMENTS
9:15 AM STAFF COMMENTS
9:25 AM CITIZEN PARTICIPATION
9:35 AM APPOINTMENT OF AN ACTING BLUEPRINT IMPLEMENTATION COORDINATOR
– Dr. Boyd Michael, Superintendent of Schools; Jeffery Proulx, Chief Operating Officer
9:40 AM FY2021 BUDGET ADJUSTMENTS TO THE WASHINGTON COUNTY BOARD OF
EDUCATION’S GENERAL FUND BUDGET - Jeffrey Proulx, Chief Operating Officer and
David Brandenburg, Executive Director of Finance, Washington County Public Schools
9:45 AM MAINTAIN A DUAL STRUCTURE OF LOCAL AUTHORITIES FOR ADDICTION AND
MENTAL HEALTH IN WASHINGTON COUNTY – Rick Rock, Director, Washington
County Mental Health Authority, Inc.; Earl Stoner, Health Officer and Vicki Sterling, Local
Addiction Authority, Washington County Health Department; Allen Twigg, Integration
Workshop Representative
9:55 AM PROPERTY AND CASUALTY INSURANCE RENEWALS 2021-2022 – Tracy McCammon,
Risk Management Coordinator; Patrick Buck, CBIZ Insurance Services
10:00 AM FIRE COMPANY AUDIT AND AUP DISCUSSION – Sara Greaves, Chief Financial Officer;
Dave Hays, Director, Emergency Services; Dale Fishack, President, Washington County
Volunteer Fire and Rescue Association
10:10 AM BID AWARD (PUR-1500) PUBLIC SAFETY TRAINING CENTER AUDIO/VISUAL
SYSTEM – Rick Curry, Director, Purchasing; Dave Hays, Director, Emergency Services;
Doug Mullendore, Washington County Sheriff
10:15 AM CONTRACT AWARD (PUR–1504) CONSTRUCTION/BUILDING INSPECTION
SERVICES REQUIREMENT CONTRACT- Rick Curry, Director, Purchasing; Richard
Eichelberger, Director, Construction
10:20 AM BID RESULTS/AWARD UPDATE – NATURAL GAS SUPPLY SERVICE WASHINGTON
COUNTY GOVERNMENT AND WASHINGTON COUNTY VOLUNTEER FIRE &
RESCUE ASSOCIATION OF MD, INC. – Rick Curry, Director, Purchasing; Richard
Anderson of CQI Associates, LLC; Andrew Eshleman, Director, Public Works
10:25 AM FY2022 LOCAL PARKS AND PLAYGROUND INFRASTRUCTURE STATE FUNDING –
Andrew Eshleman, Director, Public Works
Wayne K. Keefer
Randall E. Wagner
Charles A. Burkett
Page 2 of 2
OPEN Session Agenda
June 22, 2021
10:30 AM CONSTRUCTION BID AWARD – HVAC WORK AT 17718 VIRGINIA AVENUE – Andrew
Eshleman, Director, Public Works
10:35 AM APPLICATION FOR ZONING TEXT AMENDMENT RZ-20-002 – CONSENSUS
DISCUSSION – Jill Baker, Director, Planning & Zoning
10:45 AM HOTEL RENTAL TAX FUNDING REQUEST, MISS MARYLAND PAGEANT LEASE
AGREEMENT RENEWAL – Susan Buchanan, Director, Grant Management; Jessica Green,
The Maryland Theatre, Inc.
10:50 AM CLOSED SESSION (To discuss the appointment, employment, assignment, promotion, discipline,
demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials
over whom this public body has jurisdiction; or any other personnel matter that affects one or more specific
individuals; & To comply with a specific constitutional, statutory, or judicially imp osed requirement that
prevents public disclosures about a particular proceeding or matter.)
RECONVENE OPEN SESSION
11:45AM STAFF COMMENTS
11:50 AM ADJOURNMENT
Open Session Item
SUBJECT: Appointment of an Acting Blueprint Implementation Coordinator
PRESENTATION DATE: June 22, 2021
PRESENTATION BY: Dr. Boyd Michael, Superintendent of Schools, Mr. Jeffrey
Proulx, Chief Operating Officer
RECOMMENDED MOTION: To approve the appointment of Dr. Gary Willow as the acting
Blueprint Implementation Coordinator until such time as additional guidance is received
relating to this position and a permanent appointment can be made.
REPORT-IN-BRIEF: HB1300 of 2020, known as the Blueprint for Maryland’s Future, and further
amended by HB1372 of 2021 calls for the local appointment of an implementation coordinator
codified in Education Article §5-404. Specifically, the law states that the coordinator shall be
appointed for fiscal years 2022 through 2026, be jointly appointed by the county and local school
system, and be responsible for the implementation of the Blueprint for Maryland’s Future by all
government units operating within the county.
While the deadline to appoint the coordinator is June 30, 2021, no guidance has been received from
either the Maryland State Department of Education or the Department of Legislative Services. To be
compliant with the law, the Board of Education has proposed to add the duties of the implementation
coordinator to Dr. Willow’s current job description until a permanent solution can be identified and
mutually agreed upon by both boards. Dr. Willow currently serves as the associate superintendent for
curriculum and instruction.
FISCAL IMPACT: N/A
CONCURRENCES: The Board of Education approved the appointment of Dr. Willow as the acting
Blueprint Implementation Coordinator at its meeting on June 15, 2021, pending the concurrence of
the Board of County Commissioners.
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: FY21 Budget Adjustments to the Washington County Board of Education’s
General Fund Budget
PRESENTATION DATE: June 22, 2021
PRESENTATION BY: Mr. Jeffrey Proulx, Chief Operating Officer, WCPS Mr. David
Brandenburg, Executive Director of Finance, WCPS
RECOMMENDED MOTION: Move to approve the requested adjustments to the Board of
Education’s FY2021 General Fund Budget.
REPORT-IN-BRIEF: The Annotated Code of Maryland requires local school systems to
periodically re-forecast their financial needs and make necessary changes to their budgets. To that
end, the Washington County Board of Education approved the attached list of changes to its
FY2021 General Fund Budget at its June 15, 2021 m eeting.
DISCUSSION: The changes that the Board of Education approved on June 15, 2021, cross major
categories. Therefore, these requested adjustments must also be approved by the Board of
County Commissioners. The Board of Education has asked its Finance staff to review the
requested budget changes with the Commissioners and answer any questions that they may have.
FISCAL IMPACT: None. These proposed modifications merely adjust various categories of the
budget to reflect updated information on revenue and spending trends.
CONCURRENCES: The Board of Education’s Finance Committee reviewed the proposed
adjustments at their meeting on June 7, 2021, and recommended them for approval by the
full Board. The Board of Education unanimously approved these changes at their June 15,
2021 meeting.
ALTERNATIVES: N/A
ATTACHMENTS: FY2021 general fund budget adjustments
AUDIO/VISUAL: N/A
Value The primary reason for variance is:
Fixed Charges $470,000 Covid-related sick pay charged to federal grant.
Total Expense
Reductions/Additional Revenue $470,000
Revenue $100,000 Lower nonpublic placements reimbursements.
Mid-Level Administration 350,000 Higher communications and graduation costs.
Capital Outlay 20,000 SHHS relocatables bid results.
Total Expense
Increases/Reduced Revenue $470,000
Net Effect $0
Washington County Public Schools
Requested FY2021 Budget Adjustments
Open Session Item
SUBJECT: Maintain a dual structure of local authorities for Addiction and Mental Health in
Washington County and not integrate into a single local behavior health authority.
PRESENTATION DATE: June 22, 2021
PRESENTATION BY: Rick Rock, Director, Washington County Mental Health Authority, Inc.; Earl
Stoner, Health Officer, Washington County Health Department; Vicki Sterling, Local Addiction
Authority, Washington County Health Department; Allen Twigg, Integration Workgroup
Representative
RECOMMENDED MOTION: Accept the recommendation of the Behavior Health Integration
Workgroup to maintain the Washington County Health Department (WCHD) as the Local Addiction
Authority and the Washington County Mental Health Authority as the Local Mental Health Authority
but establish a formal collaborative partnership under the oversight of the Recovery Oriented Systems
of Care (ROSC) Committee. Both authorities will remain separate and not combined into one entity as
the Local Behavior Health Authority.
REPORT-IN-BRIEF: 1) Review the current structure of local authorities for mental health and
substance use disorders; 2) Discuss the development of the Integration Workgroup and the process
taken to arrive at the recommendation; 3) Present the responsibility and structure of the Recovery
Oriented Systems of Care (ROSC) as the committee to oversee the formalization of integrated activities
between WCHD and WCMHA where possible.
DISCUSSION:
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ATTACHMENTS: Schematic regarding the proposed structure of two local authorities, Addiction
and Mental Health Authorities in Washington County, and ROSC as the committee that will oversee
the formal collaboration of both authorities.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Dra
LAA DUTIES
CSA DUTIES
CSA LAA
ROSC
BHA
Joint Grants
MOU MOU
Joint Grants
JOINT DUTIES
JOINT DUTIES
• Strategic Plan
• “No Wrong
Door” Access
to Behavioral
Health
Services
(ROSC)
• Promote
Wellness
• Orient Local
Providers
• Care
Coordination
• Networking
• Increase
systems
capacity
Open Session Item
SUBJECT: 2021-2022 Property and Casualty Insurance Renewals
PRESENTATION DATE: June 22, 2021
PRESENTATION BY: Tracy McCammon, Risk Management Coordinator and Patrick Buck, CBIZ
Insurance Services
RECOMMENDED MOTION: Move to renew the liability policies with Travelers Insurance
Company, property and equipment policies with Local Government Insurance Trust and the airport
liability policy with Global Aerospace.
REPORT-IN-BRIEF: Renewal quotes from insurance carriers are reflected on the attached premium
comparison. Premium for cyber liability is not known at this time due to how volatile the cyber market
is currently.
DISCUSSION: Market conditions continue to shift towards a hard market following recent years of
unstable underwriting results primarily driven by an increase in frequency and severity of large-scale
losses. More sophisticated risks in specific industry sectors have become subject to greater
underwriting scrutiny and ultimately increased premiums such as law enforcement and cyber. Many
insurers are requiring multi-factor authentication when writing cyber coverage. Unfortunately, at this
time the County does not use multi-factor authentication and therefore Travelers has denied coverage
to the County. Cyber coverage was marketed by CBIZ. They received 20 denied responses due to the
County not using MFA and 2 responses offering little coverage for double or triple the cost of premium
or deductible. Thanks to Local Government Insurance Trust working with Beazley Insurance, the
County will have $2 million worth of free cyber coverage. I have asked for a premium quote for $5
million and $10 million in excess coverage. LGIT has marketed the coverage and is down to two
carriers, Corvus and Hamilton. There is uncertainty that a quote is attainable at this point. The LGIT
team is advising that if they do receive a quote it could be estimated in the $60K - $90K range. There
is no guarantee that the County will be offered the excess coverage without the MFA being
implemented. Unfortunately, due to the unstable market, premium numbers will not be available until
closer to July 1 if the County was approved for the excess coverage.
FISCAL IMPACT: Excluding the cost for cyber, premiums for FY 2022 are $1,355,456. A 4.9%
increase of overall coverage but still within budgeted premiums.
CONCURRENCES: Larry Etchison, Human Resources Director and Sara Greaves, CFO
ALTERNATIVES: Market bid which would create a lapse in coverage
ATTACHMENTS: Premium comparison
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Line of Coverage FY2021 FY2022 $Change
%
Travelers
Pkg – Auto Liability (Incl. Buses) $445,818 $449,304 $3,486 0.8%
Pkg - Auto PD (Incl. Buses) $97,020 $100,575 $3,555 3.7%
Pkg – GL, Liquor, Products, EBL $141,495 $141,694 $199 0.1%
Pkg – Law (Incl. Dispatch E&O) $199,300 $226,356 $27,056 13.6%
Pkg - Excess Liability $86,209 $86,966 $757 0.9%
Pkg – Management Liability $35,698 $36,156 $458 1.3%
Pkg – Employment Practice Liability
(EPL) $55,472 $59,795 $4,323 7.8%
Pkg – Crime $6,115 $4,955 ($1,160) -19.0%
Pkg - CyberFirst $0 $0 $0 0.0%
$38,674 3.6%
Airport Liability $18,194 $22,060 $3,866 21.2%
*Cyber - Beazley (excess) (estimated) TBD TBD TBD TBD
Property (estimated) $188,860 $207,746 $18,886 10.0%
Inland Marine (estimated) $9,053 $9,959 $906 10.0%
Boiler & Machinery (estimated) $8,990 $9,890 $900 10.0%
$24,558 10.9%
Open Session Item
SUBJECT: Fire Company Audit and AUP Discussion
PRESENTATION DATE: June 22, 2021
PRESENTATION BY: Sara Greaves, Chief Financial Officer, Dave Hays, Director of
Emergency Services; Dale Fishack, President of WCVFRA
RECOMMENDATION: To authorize staff to hold reimbursement requests owed to Fire
companies who have not been fully responsive to UHY audit and agreed upon procedures
process.
REPORT-IN-BRIEF: The County contracted with UHY, LLP to complete an audit and agreed
upon procedures for each independent fire company.
DISCUSSION: Communication was originally sent to the fire companies from UHY, LLP on
3/8/2021 requesting certain information necessary for the financial audit and required
procedures. On or around March 20, 2021, it was brought to the County’s attention that many of
the companies were non-responsive. It was later determined that possibly the communication
from UHY, LLP was directed to the spam folder or email addresses were incorrect. These issues
were corrected and the deadline was extended from 3/26 to 4/9/201. In early May, we received
notification from UHY, LLP that many companies had still not responded to the request for
information. The County notified the companies and provided an additional extension to May 30,
2021. There are still many companies that have not submitted the requested information.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: Continue to provide reimbursements
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Bid Award (PUR-1500) Public Safety Training Center Audio/Visual System
PRESENTATION DATE: June 22, 2021
PRESENTATION BY: Rick Curry, Director of Purchasing; Dave Hays, Division Director of
Emergency Services; and Doug Mullendore, Washington County Sheriff
RECOMMENDED MOTION: Move to award the bid to responsible, responsive bidder, Ford
Audio – Video Systems, LLC of Tulsa, OK with the lowest Total Base Bid amount of $431,302
and Alternates A thru I (classrooms and multi-purpose room) in the amount of $657,003.85 for the
Total Sum of $1,088,305.85.
REPORT-IN-BRIEF: The project was advertised in the local newspaper, State of Maryland’s
“e-Maryland Marketplace Advantage” website, and on the County’s website. Seventy-eight (78)
persons/companies registered/downloaded the bid document on-line. Two (2) bids were received
and opened on Wednesday, June 9, 2021 as detailed on the attached Bid Tabulation Matrix. The
bids have been evaluated and the low bid is in order. The engineer’s estimate for this work is
$450,000 for the base bid and $700,000 for Alternates A thru I.
DISCUSSION: The Public Safety Training Center at 9238 Sharpsburg Pike is a proposed multi-
phase project that will be utilized by police, fire, and emergency services personnel serving in and
around Washington County. Phase I - Site Work was completed in the summer of 2020. Phase II
involves construction of a training building, and work is scheduled to be completed in the spring
of 2022. The audio/visual work will be coordinated with the building contractor and involves
furnishing and installing audio/visual equipment in the classrooms and multi-purpose room.
There was a discussion at the Board of County Commissioners meeting on March 30, 2021 about
the capital fundraising initiative for the project and a request to forward fund up to $1 million for
audio/visual equipment and furniture. It was mentioned at the meeting that a grant totaling
$178,822 was also secured for audio/visual equipment.
The audio/visual project is a two hundred thirty (230) consecutive calendar day contract with an
anticipated Notice to Proceed in July 2021, and completion date in February 2022. Bid documents
include liquidated damages in the amount of five hundred ($500) dollars per calendar day for work
beyond the completion date.
FISCAL IMPACT: This is a budgeted Capital Improvement Plan Project (BLD093). A budget
adjustment has been implemented for the forward funding request in March.
CONCURRENCES: Budget and Finance (Fiscal), Director of Engineering
ALTERNATIVES: N/A
ATTACHMENTS: Bid Tabulation Matrix
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Ford Audio-Video Systems, LLC
Tulsa, OK
1 Base Bid:
$431,302.00
2 ALTERNATES:
A. $97,088.18
B. ADD/Deduct Alternate No. 2: ADD LARGE CLASSROOM (B102) – Provide in $49,115.24
C. $137,060.00
D. $67,239.71
E. ADD/Deduct Alternate No. 5: ADD SMALL CLASSROOM (A134) – Provide in accordance with $46,301.82
F. ADD/Deduct Alternate No. 6: ADD SMALL CLASSROOM (B116) – Provide in accordance $46,168.54
G. ADD/Deduct Alternate No. 7: ADD SMALL CLASSROOM (B119) – Provide in accordance $44,545.50
H. ADD/Deduct Alternate No. 8: ADD SMALL CLASSROOM (B106) – Provide in accordance $45,163.70
I. ADD/Deduct Alternate No. 9: ADD SMALL CLASSROOM/SIMULATION LAB (B109) – $124,321.16
Total Base Bid plus Alternates A thru I $1,088,306.00
Remarks / Exceptions:
Ford Audio-Video Systems, LLC – Due to the technical nature of the scope of work on this project, Ford will self-perform all work utilizing its full-
time staff for the installation, engineering and completion of this job. Ford does not anticipate using the services of any subcontractors.
Ford Audio-Video Systems, LLC
Tulsa, OK
SCHEDULE A – EQUIPMENT LIST SUMMARY
WASHINGTON COUNTY PUBLIC SAFETY TRAINING CENTER
AUDIOVISUAL SYSTEM
Room Type Cost
BASE BID TOTAL:
ALTERNATES
Room Type Cost
–
ALTERNATES TOTAL:
TOTAL BASE BID PLUS ALTERNATES
*Difference in the two (2) totals of Base Bid plus Alternates is found in found in the Base Bid. Total here was round up to $431,302.00
True amount was $431,301.68
Corbett Technology Solutions, Inc.
Chantilly, VA
1 Base Bid:
$426,507.45
2 ALTERNATES:
A. $60,203.17
B. ADD/Deduct Alternate No. 2: ADD LARGE CLASSROOM (B102) – Provide in $61,444.16
C. $149,075.62
D. $69,068.72
E. ADD/Deduct Alternate No. 5: ADD SMALL CLASSROOM (A134) – Provide in accordance with $55,698.54
F. ADD/Deduct Alternate No. 6: ADD SMALL CLASSROOM (B116) – Provide in accordance $55,698.54
G. ADD/Deduct Alternate No. 7: ADD SMALL CLASSROOM (B119) – Provide in accordance $55,698.54
H. ADD/Deduct Alternate No. 8: ADD SMALL CLASSROOM (B106) – Provide in accordance $55,698.54
I. ADD/Deduct Alternate No. 9: ADD SMALL CLASSROOM/SIMULATION LAB (B109) – $150,958.08
Total Base Bid plus Alternates A thru I $1,140,051.36
Corbett Technology Solutions, Inc.
Chantilly, VA
SCHEDULE A – EQUIPMENT LIST SUMMARY
WASHINGTON COUNTY PUBLIC SAFETY TRAINING CENTER
AUDIOVISUAL SYSTEM
Room Type Cost
BASE BID TOTAL:
ALTERNATES
Room Type Cost
–
ALTERNATES TOTAL:
TOTAL BASE BID PLUS ALTERNATES
Corbett Technology Solutions, Inc.
(This is a breakdown of prices on the Equipment Lists per Room)
Small
A134
Small
B106
Small
B116
Small
B119
Large
B100
Large
B102
Lobby Reception
Offices,
Learning
Res.
Weight
Room
11,335.55 11,335.55 11,335.55 11,335.55 11,335.55 11,335.55 $1,021.20 $1,021.20 $1,021.20 $2,042.40
$183.54
$8,698.60 $8,698.60 $70.73 $1,035.00 $1,000.35 $575.00
38,761.46 35,313.51 38,760.96 38,760.96 41,967.85 42,749.49 $1,275.47 $3,212.38 $3,025.54 $4,495.64
Conference
Room
Divisible
Room
Simulation
Lab MPR Shared
Equipment
MPR
Video All Rooms
(Alternates)
TOTAL Base Bid
plus Alternates
$4,181.40 $34,006.65 $34,006.65 $31,618.10 $20,700.00 $40,843.40 $38,761.46 $426,507.45 Base Bid
129.67 $12,030.15 $12,030.15 $8,763.00 $8,625.00 $455.40 35,313.51 $788,628.09 Alternates
$167.89 $1,215,135.54 TOTAL
$50,595.29
$4,495.64
$6,847.65
$139,488.47
$112,640.23
$99,213.51
$131,519.68
$50,595.29
$788,628.09
$6,847.65 $131,519.68
$149.50 $690.00
$7,761.18 $328.08 $8,186.85
$149.50 $1,817.00
$6,244.95 $5,842.00
$139,488.47 $112,640.23 $6,670.00
$575.00
$348.28
$34.68
$175.39
$664.68
$218.72
$1,380.00
$149.50
$5,828.96
$99,213.51
Board of County Commissioners of Washington County, Maryland
Agenda Agenda Report Form
Open Session Item
SUBJECT: Contract Award (PUR-1504) Construction/Building Inspection Services Requirements Contract
PRESENTATION DATE: June 22, 2021
PRESENTATION BY: Rick Curry, CPPO, Director of Purchasing and Richard Eichelberger,
Director of Construction
RECOMMENDED MOTION: Move to award a primary, based on the responsive, responsible proposal
with the lowest price proposal amount; and, as permitted in the Request for Proposals (RFP), to award a
stand-by contract based on the responsive, responsible proposal with the next lowest price proposal amount,
at the specified unit costs and estimated hours (no minimum or maximum guaranteed).
REPORT-IN-BRIEF: The services under this contract consist of providing construction/building
inspection services, as well as field and laboratory services for various projects located throughout the
County. The projects may include maintenance and construction of roads, traffic signals, bridges, drainage
structures, waterlines, sewer lines, buildings or any similar public improvements projects. The duration of
the contract shall be for a period of two (2) years tentatively to begin June 1, 2021, 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 class of inspector and at the unit price for each test as specified in their Price Proposals
with no guarantee of a maximum or minimum number of hours or tests.
The RFP was advertised on the County’s web site with access to downloading the RFP, the State’s
“eMaryland Markeplace Advantage” web site, and in the local newspaper. Access to/download of the RFP
document was performed by fifty (50) persons/firms, nine (9) firms were represented at the pre-proposal
teleconference. Three (3) firms responded with proposal submittals. The meeting of the Committee was
held on Monday, June 7, 2021to review Qualifications & Experience Proposals. As a result of evaluation
of their Qualifications & Experience Proposals of the three (3) firms were determined to be responsive to
the RFP; therefore, the Price Proposals of those were opened and evaluated (see attached Proposal
Tabulation Sheet). The Coordinating Committee was comprised of the following members: Deputy Director
of Engineering & Construction Management – Engineering (Chairman Designee), Deputy Director of
Engineering and Construction Management – Construction, Deputy Director of Environmental
Management, Construction Inspector – Division of Engineering and Construction Management, and the
Director of Purchasing.
DISCUSSION: N/A
FISCAL IMPACT: Funds are budgeted in various project accounts for these services.
CONCURRENCES: As recommended by the unanimous decision of the Coordinating Committee
ALTERNATIVES: To hire personnel to perform the services
ATTACHMENTS: N/A
Open Session Item
SUBJECT: Bid Results/Award Update – Natural Gas Supply Service to Washington County Government and
Washington County Volunteer Fire & Rescue Association of MD, Inc.
PRESENTATION DATE: June 22, 2021
PRESENTATION BY: Rick Curry, CPPO, Director of Purchasing, Richard Anderson of CQI Associates, LLC,
and Andrew Eshleman, Director – Division of Public Works
RECOMMENDED MOTION: Move to concur and enter into the record the results of the contract award made
on April 18, 2021 to Direct Energy Business Marketing, LLC dba Direct Energy Business of Iselin, NJ of the
bid (WCPS Bid #2021-28) for Natural Gas Supply Services at the following rate: Base Bid Price – All-In Fixed
Price to the City Gate for 48 months of service tentatively beginning July 1, 2021 at $0.3734 Per/Therm.
REPORT-IN-BRIEF: On March 9, 2021, the Board approved entering into a cooperative purchasing effort
with the Washington County Public Schools (WCPS). The appointed Primary Representative and a Secondary
Representative (Alternate) acts on behalf of the Board to enter into a contract immediately following the bid
opening for natural gas supply services.
The objective of the co-op was to allow one organization (WCPS-lead jurisdiction) to issue a solicitation for
natural gas supply services, the specifications of which would represent the needs of both participating
organizations; the natural gas requirements of the Washington County Volunteer Fire & Rescue Companies were
also included. Each participant would then make its own individual award to the successful bidder. This objective
had the effect of lowering administrative costs by the participating organizations, avoiding duplication of effort,
obtaining better prices through economies of scale, and allowing for the exchange of information and expertise.
Bids were received from the sole pre-qualified suppliers on May 19, 2021. The bid evaluation committee
discussed the bid. Immediately following the bid pricing deadline on May 19, 2021, the representatives of WCPS
and Washington County Government (acting for itself and on behalf of the Washington County Volunteer Fire
& Rescue Association of MD, Inc.) agreed to award the contract as recommended above. The bid also included
a 12-month period bid of $0.4051/Therm, a 24-month period bid of $0.3864/Therm, a 36-month period bid of
$0.3795/Therm, a 48-month period bid of $0.3734/Therm and a 60-month period bid of $0.373/Therm.
The 48-month price option was chosen over the shorter periods based upon anticipated increase of savings, and
recommendation by the energy consultant, CQI Associates, Inc.
DISCUSSION: N/A
FISCAL IMPACT: Savings over standard offer rates for natural gas. Funds in the total amount of $315,830
are presently budgeted in individual FY’22 departmental budgets for natural gas and $308,400 was budgeted for
FY’21. The natural gas budgets are based on four (4) prior-year actuals and forecasted rate changes.
CONCURRENCES: The co-op member representatives and the consultant.
ALTERNATIVES: N/A
ATTACHMENTS: Price proposal form
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Attachment A
Vendor Name:
Company Address:
Contact Person:
Phone:
Email:
Cell Phone:
Facsimile:
1
Term July 2021 - June 2022 (12 months)
PRICE PER THERM 0.4051
Term July 2021 - June 2023 (24 months)
PRICE PER THERM 0.3864
Term July 2021 - June 2024 (36 months)
PRICE PER THERM 0.3795
Term July 2021 - June 2025 (48 months)
PRICE PER THERM 0.3734
Term July 2021 - June 2026 (60 months)
PRICE PER THERM 0.373
2
Term July 2021 - June 2022 (12 months)
BASIS PRICE PER THERM 0.095
Term July 2021 - June 2023 (24 months)
BASIS PRICE PER THERM 0.0916
Term July 2021 - June 2024 (36 months)
BASIS PRICE PER THERM 0.0913
Term July 2021 - June 2025 (48 months)
BASIS PRICE PER THERM 0.0874
Term July 2021 - June 2026 (60 months)
BASIS PRICE PER THERM 0.0881
732-395-8943
RFP 2021-28
Natural Gas Supply
Price Proposal Form
Direct Energy Business Markting, LLC194 Wood Ave South, Iselin, NJ 08830Sandra Seastream
732-395-8943
sandra.seastream@directenergy.com
(732) 516-3399
account numbers and location addresses included in the Bid Price A & B shown on the BIDDERS confirming ATTACHMENT A. THIS IS A
Base Bid Price : All-in Fixed Price to the “City Gate” for service effective July 1, 2021 for 12 months / 24 months / 36 months / 48 months / 60
months.
THIS IS A MANDATORY REQUIREMENT TO BE CONSIDERED RESPONSIVE.
Alternate Base Bid Price #1: Fixed “Basis” Price with Bidders Margin included with the commodity indexed based on the posted NYMEX rate to
the “City Gate” for service effective July 1, 2021 for 12 months / 24 months / 36 months / 36 months / 48 months / 60 months.
THIS IS NOT A MANDATORY REQUIREMENT TO BE CONSIDERED RESPONSIVE.
Attachment A
3
Term From July 2021 - ________________
PRICE PER THERM
Explain Bidders Pricing Option for Alternate Base Bid Price #2:
List all items Attached:
Name (Print)
Representative
Representative (Print)
Company
Title
Email Address
Federal I.D. Number
Date Submitted
: Bidders Option with a written explanation of the price proposal. Acceptance is at the determination of the Evaluation
Committee if considered in the best interest of the Washington County Public Schools, Washington County Government, and the Washington County
Volunteer Fire and Rescue Association.
THIS IS NOT A MANDATORY REQUIREMENT TO BE CONSIDERED RESPONSIVE.
In compliance with this Bid, the undersigned hereby proposes and agrees to provide Products and Services as requested, in
Direct Energy Business Marketing, LLC
James Connolly
Direct Energy Business Marketing, LLC
VP Sales
sandra.seastream@directenergy.com
80.0909818
Open Session Item
SUBJECT: FY 2022 Local Parks and Playground Infrastructure State Funding
PRESENTATION DATE: June 22, 2021
PRESENTATION BY: Andrew Eshleman, Director of Public Works
RECOMMENDED MOTION: Consensus for staff to prepare a project funding schedule and
budget adjustment for the expenditure of $1,500,000 in FY2022 Local Parks and Playground
Infrastructure State funds.
REPORT-IN-BRIEF: The State’s FY22 capital budget (HB 590) included general obligation
bond funding for Local Parks and Playgrounds Infrastructure. Washington County staff is
seeking consensus on the expenditure of these funds in order to prepare a funding schedule to the
state and County budget adjustment forms.
DISCUSSION: The State’s FY2022 capital budget included a total of $85 million in bond
funding to the county administrative units managing local parks to design, construct and capital
equip indoor and outdoor park infrastructure and other capital-eligible projects that enhance
recreational amenities, including but not limited to trails, playgrounds, and recreational facilities.
Washington County will receive $1.5 million. Project funds shall be encumbered during the State
Fiscal Year 2022 which begins on July 1, 2021 and ends June 30, 2022. The Maryland
Department of Natural Resources shall administer funds in a similar manner as Program Open
Space grants for development projects with the exception that the matching requirement is
waived and there are more specific requirements related to general public access.
To be eligible for funding projects must be:
• Located on land owned or controlled by the local government
• Design, construct and/or capital equip park infrastructure
• 100% accessible to the general public
• Have a useful life expectancy of at least 15 years.
In the most recent County parks survey, improved facilities was the second most requested item
behind walking/hiking trails. Washington County has many park facilities that were constructed
in the 1970s and 80s and are in need of modernization and improvement. Staff discussed with the
Recreation and Parks Board and is proposing the funds be used for modernization efforts to
improve patrons’ user experience in parks that are geographically located throughout the County.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Proposed Park Locations:
• Camp Harding
• Chestnut Grove
• Clear Spring
• Devils Backbone
• Marty Snook
• Pen Mar
FISCAL IMPACT: Washington County will receive $1.5 million in reimbursement for eligible
project expenses. Washington County will need to pay for up front expenses and submit for
reimbursements to the state.
Budget adjustments will be prepared for existing County Capital Improvement Accounts and are
tentatively proposed as follows:
Park Playground Equipment/Surfacing Replacement – Various Locations: $1,015,000
County Parks Bathroom/Drinking Fountain Upgrades: $160,000
Roof Replacements at Various Locations: $325,000
CONCURRENCES: Washington County Recreation and Parks Advisory Board
ALTERNATIVES: Recommend different projects
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Open Session Item
SUBJECT: Construction Bid Award – HVAC Work at 17718 Virginia Avenue
PRESENTATION DATE: June 22, 2021
PRESENTATION BY: Andrew Eshleman, Director of Public Works
RECOMMENDED MOTION: Move to award the contract for the heating, ventilation, and air
conditioning (HVAC) work at 17718 Virginia Avenue to the lowest responsive, responsible
bidder, M.S. Johnston Company of Hagerstown, for the amount of $295,380.00 which includes
the base bid plus alternates 1 and 2.
REPORT-IN-BRIEF: The project was advertised in the Herald Mail, on the County’s website,
and on the State of Maryland’s website, “e-Maryland Marketplace Advantage (eMMA).” Two (2)
bids were received and opened on Wednesday, June 9, 2021, as listed below.
Contractor: Total Bid:
M.S. Johnston Company $ 295,380.00
Denver-Elek $ 515,300.00
The bids were evaluated and the low bid is in order. The engineer’s estimate is $300,000.
DISCUSSION: The existing HVAC system is insufficient in providing the heating/cooling needs
for the newly renovated space. This will be the final phase of HVAC work for the building. The
project will consist of installing new heating/cooling units and new duct work for the early voting
space and equipment storage areas. The project is a 90 consecutive calendar day contract with an
anticipated notice to proceed in July and a completion date in October 2021. The bid documents
include liquidated damages in the amount of $250.00 per calendar day for work beyond the
completion date.
FISCAL IMPACT: The project will utilize available funds from the Systemic Improvements-
Buildings account (BLD078) in the Capital Improvement Plan (CIP).
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Bid Tabulation
AUDIO/VISUAL TO BE USED: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
MS JOHNSTON COMPANY
Hagerstown, MD
DENVER-ELEK
Baltimore, MD
Base Bid $145,215.00 $280,500.00
Alternate No. 1 $70,355.00 $118,400.00
Alternate No.2 $79,810.00 $116,400.00
TOTAL BID $295,380.00 $515,300.00
WASHINGTON COUNTY DIVISION OF ENGINEERING
BID TABULATION
17718 VIRGINIA AVENUE HVAC REPLACEMENT (Phase-2)
COUNTY CONTRACT NO. MS-HV-291-28
Open Session Item
SUBJECT: Application for Zoning Text Amendment RZ-20-002 – Consensus discussion
PRESENTATION DATE: June 22, 2021
PRESENTATION BY: Jill Baker, Director, Department of Planning and Zoning
RECOMMENDED MOTION: Consensus to approve/deny the text amendment as presented.
REPORT-IN-BRIEF: Application is being made to amend several sections of the Zoning Ordinance
to address uses associated with short term residential rentals.
DISCUSSION: Residential rental facilities are not a new trend in land use. These types of uses have
been motivated over time by tourists and visitors who wish to have more unique accommodations than
those provided by a typical hotel complex.
The principal difference between traditional residential rental facilities of the past versus the more
modern trends of today is the lack of occupancy of the property owner. Many of the rental opportunities
presented to visitors are single family dwellings that are smaller in size than typical owner-occupied
uses and are strategically placed to take advantage of scenic views, proximity to tourist destinations,
and rural settings that offer tranquil settings.
Because proximity can cause compatibility issues in the urbanized areas, Staff has recommended
allowing short term residential rentals in all residential districts by special exception use only. This
would provide neighbors with notice of a proposed new use in the area and offer an opportunity to
comment on concerns they have unique to each application. Because proximity is less of an issue in
rural areas of the County, Staff has proposed to allow them as principally permitted uses. To avoid
other compatibility conflicts with neighboring properties, Staff has recommended that minimum
parking standards be implemented and that rental stays not exceed 30 days in length.
This item was presented to the Washington County Planning Commission at a Public Information
Meeting held during their regular meeting on April 5, 2021. One verbal comment was received in favor
of the changes. It was then brought back for recommendation at the May 3, 2021 meeting, where the
members unanimously recommended approval of the proposed text amendments with comments.
Changes requested by the Planning Commission are addressed in the attached proposed text
amendments document.
FISCAL IMPACT: N/A
CONCURRENCES: Washington County Planning Commission
ALTERNATIVES: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
ATTACHMENTS: Proposed text amendments, staff report, Planning Commission minutes, Planning
Commission recommendation
AUDIO/VISUAL NEEDS: N/A
County FOR PLANNING COMMISSION USE ONLY
Rezoning No.
e Date Filed:
WASHINGTON COUNTY PLANNING COMMISSION
ORDINANCE TEXT AMENDMENT APPLICATION
Washington County Department of Planning & Zoning
Applicant
100 W. Washington Street, Suite 2600, Hagerstown, MD
21740
Address
Primary Contact
Address
o Adequate Public Facilities Ordinance
o Forest Conservation Ordinance
❑ Subdivision Ordinance
❑ Solid Waste Plan
Section No, 3, 7A, 8, 9, 10, 11, 12, 19C, 22, 28A
❑Property Owner
❑Attorney
❑Other:
240-313-2430
❑Contract Purchaser
❑Consultant
Phone Number
E-mail Address
❑ Water and Sewer Plan
It Zoning Ordinance
❑ Other
Please provide the proposed text on a separate sheet of paper as follows: strike -through
should be used for deletions [4e4e4GP,&], unchanged wording in regular type, and new wording
should be underlined [new wording],
Subscribed and sworn before me this day of
My commission expires on
)
Applicant's Signature
20
Notary Public
FOR PLANNING COMMISSION USE ONLY
❑ Application Form ❑ Proposed Text Changes
❑ Fee Worksheet ❑ 30 copies of complete Application
it Application Fee
PROPOSED TEXT AMENDMENTS FOR RZ-20-002
SHORT-TERM RESIDENTIAL RENTALS
(1) ARTICLE 3 – DISTRICTS ESTABLISHED; ZONING MAPS, DISTRICT BOUNDARIES;
LAND USE REGULATIONS (RURAL AREA USES) is amended as follows:
Section 3.3 (1) Table of Land Use Regulations
A(R)-Agriculture (Rural)
EC-Environmental Conservation
P-Preservation
RV-Rural Village RB-Rural Business IM-Industrial Mineral
Table No. 3.3(1)
TABLE OF LAND USE REGULATIONS
(RURAL AREA USES)
L ND USES A(R) EC P RV RB IM
B. Accommodation and Food Service
Bed and Breakfast; up to five (5) guest rooms A A A SE P N
Boarding or Rooming Houses SE SE SE P P N
Short-term Residential Rental P P P SE N N
P-Permitted
SE-Special Exception
A-Accessory
N-Not Permitted
(2) ARTICLE 7A – “RT” RESIDENTIAL, TRANSITION DISTRICT
Section 7A.2 Special Exception Uses
(h) Short-term Residential Rental
(3) ARTICLE 8 – “RS” RESIDENTIAL, SUBURBAN DISTRICT
Section 8.2 Special Exception Uses
(k) Short-term Residential Rental
(4) ARTICLE 9 – “RU” RESDIENTIAL, URBAN DISTRICT
Section 9.2 Special Exception Uses
(k) Short-term Residential Rental
(5) ARTICLE 10 – “RM” RESIDENTIAL, MULTI-FAMILY DISTRICT
Section 10.2 Special Exception Uses
(l) Short-term Residential Rental
(6) ARTICLE 11 – “BL” BUSINESS, LOCAL DISTRICT
Section 11.1 Principal Permitted Uses
(l) Short-term Residential Rental
(7) ARTICLE 12 – “BG” BUSINESS, GENERAL DISTRICT
Section 12.1 Principal Permitted Uses
(a) Short-term Residential Rental
(8) ARTICLE 19C – “SED” SPECIAL ECONOMIC DEVELOPMENT DISTRICT
Section 19C.2 Principal Permitted Uses
(a) Short-term Residential Rental
(9) ARTICLE 22 DIVISION I – OFF STREET PARKING AND LOADING AREA
REQUIREMENTS
Section 22.12(b)
1. Minimum Spaces Required
Land Use Parking Required
Short-term residential rental, Bed and
Breakfast, and Boarding House
1 parking space per bedroom
(10) ARTICLE 28A – DEFINITIONS
Dwelling:
A building containing one or more dwelling units. The term “dwelling” or any combination
thereof shall not be deemed to include hotel, boarding/rooming house, motel, clubhouse, hospital,
short-term residential rental or other accommodations used for more or less transient occupancy.
Short-term Residential Rental:
A non-owner-occupied residential structure that provides temporary lodging to transient
guests for compensation. Proprietors may rent all or a portion of the structure. Such uses shall
not exceed rental of individual rooms or the entire structure for more than 30 consecutive days
per client/reservation. No site plan is required, however, off street parking must be provided in
accordance with Article 22 Division 1 of this Ordinance. Signage that requires a zoning permit is
prohibited.
DEPARTMENT OF PLANNING & ZONING COMPREHENSIVE PLANNING | LAND PRESERVATION | FOREST CONSERVATION | GIS
WWW.WASHCO-MD.NET
100 West Washington Street , Suite 2600 | Hagerstown, MD 21740 | P: 240.313.2430 | F: 240.313.2431 | TDD: 7-1-1
May 23, 2021 RZ-20-002
APPLICATION FOR TEXT AMENDMENT – RZ-20-002
PLANNING COMMISSION RECOMMENDATION
Articles: 3, 7A, 8, 9, 10, 11, 12, 19C, 22 & 28A
RECOMMENDATION
On April 5, 2021, the Planning Commission held a public rezoning information meeting to consider text
amendments to Articles 3, 7A, 8, 9, 10, 11, 12, 19C, 22 and 28A of the Washington County Zoning
Ordinance to short-term residential rentals. A staff summary of the purpose and effects of the proposed
amendments was presented to the Planning Commission and opportunity was provided for public
comment. One verbal comment in favor of the changes was received for this case. The Washington County
Planning Commission took action at its regular meeting held on Monday, May 3, 2021 to recommend
approval of Text Amendment RZ-20-002 to the Board of County Commissioners.
Copies of the application and the Staff Report and Analysis by the Department of Planning & Zoning,
approved minutes of the April 5, 2021 public information meeting and draft minutes of the May 3, 2021
regular meeting are attached.
Respectfully submitted,
Jill Baker, Director
Washington County Department of
Planning & Zoning
Attachments
cc: Kirk Downey
file
Washington
M A R Y L A N D
ear. -
1776
DEPARTMENT OF PLANNING &ZONING
COMPREHENSIVE PLANNING I LAND PRESERVATION I FOREST CONSERVATION I GIS
RZ-20-002 March 22, 2021
WASHINGTON COUNTY ZONING ORDINANCE
STAFF REPORT AND ANALYSIS
ARTICLES 3, 7A9 89 99 109 119 129 19C9 22 & 28A
Proposal: Application is being made to amend several sections of the Zoning Ordinance to
address uses associated with short term residential rentals.
Staff Report: Residential rental facilities are not a new trend in land use. These types of uses
have been motivated over time by tourists and visitors who wish to have more unique
accommodations than those provided by a typical hotel complex.
Historically, visitors seek out these accommodations for the more personal attention provided by
a live-in host. Typically, these owner -occupied uses provide meal services and rent individual
rooms in the home that may or may not share bathroom facilities. These uses also provide access
to shared areas of the home such as living or entertainment rooms that are available to all of the
guests in the facility. Currently, the Zoning Ordinance allows for these types of uses in all
residential districts when the structure is owner -occupied.
More recent trends are leading to the absence of property owners being present in the residence at
the time of rental. This often leads to the continuous rental of previously owner -occupied
structures by a variety of visitors on a daily, weekly, or even monthly basis. The purpose of these
amendments is to modernize the Zoning Ordinance to accommodate these new trends commonly
known as short term rental facilities.
Analysis:
The principal difference between traditional residential rental facilities of the past versus the more
modern trends of today is the lack of occupancy of the property owner. Many of the rental
opportunities presented to visitors are single family dwellings that are smaller in size than typical
owner -occupied uses and are strategically placed to take advantage of scenic views, proximity to
tourist destinations, and rural settings that offer tranquil settings.
From a land use perspective, short term rentals are typically difficult to differentiate from regular
owner -occupied dwellings. Functionally, rentals are used for the same purpose as residential uses
except that the occupant changes more often. This minor difference in function is less noticeable
in rural areas where dwellings are usually located further apart from one another whereas rentals
in urbanized areas can attract attention from other neighborhood land owners.
100 West Washington Street, Suite 2600 1 Hagerstown, MD 21740 1 F: 240.313.2430 j F: 240.313.24311 TDD: 7-1-1
WWW,WASHCO-MD.NET
Because proximity can cause compatibility issues in the urbanized areas, Staff has recommended
allowing short term residential rentals in all residential districts by special exception use only. This
would provide neighbors with notice of a proposed new use in the area and offer an opportunity to
comment on concerns they have unique to each application. Because proximity is less of an issue
in rural areas of the County, Staff has proposed to allow them as principally permitted uses. To
avoid other compatibility conflicts with neighboring properties, Staff has recommended that
minimum parking standards be implemented and that rental stays not exceed 30 days in length.
Staff Recommendation: Based upon feedback and comments from other government agencies,
developers, property owners, and the general public, Staff recommends approval of these
amendments in order to provide consistent implementation of our land use policies and regulations.
Respectfully submitted,
/illL. Baker
Director
107
WASHINGTON COUNTY PLANNING COMMISSION
REGULAR MEETING
April 5, 2021
Due to current social meeting restrictions put in place by the Governor of Maryland because of the COVID-
19 pandemic, the Washington County Planning Commission held its regular monthly meeting on
Monday, April 5, 2021 at 7:00 p.m. virtually using Zoom software. No physical meeting took place.
Planning Commission members present were: Clint Wiley, Robert Goetz, Denny Reeder, Jeff Semler,
and Ex-officio County Commissioner Randall Wagner. Staff members present were: Washington County
Department of Planning & Zoning: Jill Baker, Director, Jennifer Kinzer, Deputy Director; Travis Allen,
Comprehensive Planner; Meghan Jenkins, GIS Analyst; and Debra Eckard, Administrative Assistant;
Washington County Department of Plan Review & Permitting: Ashley Holloway, Director; Rebecca
Calimer, Chief of Plan Review; Lisa Kelly, Senior Planner; and Scott Stotelmyer, Planner.
Also present were: Steve Cvijanovich and Gordon Poffenberger, Fox & Associates, Inc. [SP-20-025] and
Adrian Dungan [RZ-20-002].
CALL TO ORDER
The Chairman called the public rezoning information meeting to order at 7:00 p.m.
PUBLIC REZONING INFORMATION MEETING
RZ-20-002
Ms. Baker presented a proposed text amendment to the Washington County Zoning Ordinance for the
inclusion of short-term residential rentals. Short-term residential rentals are similar to Bed and Breakfasts
and boarding facilities which are currently permitted in the County and would provide a unique experience
for visitors to Washington County. The proposed amendment would permit the short-term residential
rentals in the rural areas and would be permitted by special exception in the urbanized areas.
Public Comment
• Adrian Dungan, 1107 Hoffmaster Road, Knoxville — Mr. Dungan stated that he is in favor of the
proposed text amendment.
Discussion and Comments: Mr. Semler asked if this amendment would include Air B&Bs and VRBOs. Ms.
Baker stated it would include these types of rentals.
There was a brief discussion regarding "pop-up" campgrounds. Ms. Baker explained that these would be
considered a campground, not a short-term residential rental. Mr. Holloway noted that a campground is
considered a commercial use; the proposed amendment is dealing with residential uses. The "pop-up"
campgrounds are subject to the same rules and regulations as a campground.
The public rezoning information meeting closed at 7:15 p.m
MINUTES
Motion and Vote: Mr. Reeder made a motion to approve the minutes of the March 1, 2021 Planning
Commission regular meeting as presented. The motion was seconded by Mr. Semler and unanimously
approved.
Motion and Vote: Mr. Semler made a motion to approve the minutes of the March 15, 2021 Planning
Commission workshop meeting as presented. The motion was seconded by Mr. Reeder and unanimously
approved.
M
NEW BUSINESS
-SITE PLANS
2005 Greencastle Pike LLC— Huvett Business Park [SP-20-025]
Ms. Kelly presented for review and approval a site plan for Huyett Business Park. The site is located along
the westside of Greencastle Pike at its intersection with Business Parkway. The property is currently zoned
HI (Highway Interchange). The developer is proposing to construct two buildings for commercial/industrial
flex space. Building 1 will be 30,000 square feet in size with 12 bays and Building 2 will be 32,500 square
feet in size with 13 bays. The site will be served by public water and public sewer. There are 121 parking
spaces required; 121 spaces will be provided. There will be building mounted and pole mounted lighting.
Freight and delivery are estimated to be 5 trips per day. There will be one access onto Business Parkway.
The estimated number of employees is 50. Hours of operation will be 7:00 a.m. to 5:00 p.m., Mondaythru
Friday. Landscaping is proposed along the front of the building and within the parking islands. This site is
eligible for the express procedure to meet Forest Conservation Ordinance requirements. A payment -in -
lieu in the amount of $12,414.60 has been paid by the developer. All agency approvals have been received.
Motion and Vote: Mr. Reeder made a motion to approve the site plan as presented. The motion was
seconded by Mr. Semler and unanimously approved.
Staff Approvals
Mr. Holloway presented the following information for the month of March for Plan Review — Land Use: 1
site plan, 7 standard grading plans, 2 final plats, 1 simplified plat, 2 subdivision plats, 5 inspection and
maintenance agreements, 6 storm water standard plans, and 1 APFO road adequacy application were
submitted.
CIP Recommendation
Ms. Baker presented a draft of the CIP that is currently being evaluated and reviewed by the Board of
County Commissioners as part of the FY 2022 budget. The Planning Commission is charged with reviewing
the list of projects contained in the CIP to determine if they are consistent with the County's adopted
Comprehensive Plan and the Land Use Planning Goals. Staff recommends that these projects are
consistent with the Comprehensive Plan.
Motion and Vote: Mr. Reeder made a motion to recommend approval to the Board of County
Commissioners because the projects are consistent with the County's adopted Comprehensive Plan. The
motion was seconded by Mr. Goetz and unanimously approved with Commissioner Wagner abstaining
from the vote.
Solid Waste Management & Recycling Plan Update
Mr. Allen reminded members that an overview of the draft plan was presented during a Workshop
meeting held in mid -March. Following that workshop meeting, staff sent members Chapters 1 — 3 for
further review and comment. Chapters 4 and 5 will be forthcoming in the next week. The Solid Waste
Department and the Environmental Management Advisory Committee have been closely involved in the
review of this Plan; their comments have been incorporated.
Motion and Vote: Mr. Goetz made a motion to approve Chapters 1 — 3 as presented. The motion was
seconded by Mr. Semler and unanimously approved.
ELECTION OF OFFICERS
Motion and Vote: Mr. Goetz made a motion to nominate Mr. Wiley as the Chairman and Mr. Kline as the
Vice Chairman for the coming year. The motion was seconded by Mr. Reeder and unanimously approved
with Commissioner Wagner abstaining from the vote.
UPCOMING MEETINGS
I. Monday, May 3, 2021, 7:00 p.m. — Washington County Planning Commission public rezoning
information meeting and regular meeting
109
ADJOURNMENT
Commissioner Wagner made a motion to adjourn the meeting at 7:35 p.m. The motion was seconded by
Mr. Goetz and so ordered by the Chairman.
Respectfully submitted,
c
Clint Wiley, Chairman
Open Session Item
SUBJECT: Hotel Rental Tax Funding Request, Miss Maryland Pageant Lease Agreement Renewal
PRESENTATION DATE: June 22, 2021
PRESENTATION BY: Susan Buchanan, Director, Office of Grant Management, Jessica Green, The
Maryland Theatre, Inc.
RECOMMENDED MOTION: Move to approve the request for renewal of the five-year lease
agreement between The Maryland Theatre Association, Inc., the Carroll County Foundation, Inc. the City
of Hagerstown and County to sponsor the Miss Maryland Pageant.
REPORT-IN-BRIEF: The Maryland Theatre has submitted a request for Hotel Rental Tax funding to
support the continued community sponsorship of the Miss Maryland Pageant and associated renewal of a
five-year lease between the Carroll County Foundation, Inc., the Maryland Theatre Association, Inc. the
City of Hagerstown, and the County. The lease agreement obligates the County to guaranty a maximum
of $16,000 annually for five years.
DISCUSSION: As part of a community effort to retain the Miss Maryland Pageant in Hagerstown, MD,
the Maryland Theatre, Inc. is requesting the County support a new five-year contract between the City of
Hagerstown, the Maryland Theatre Association, Inc., the Carroll County Foundation, Inc., and the
County. The contract obligates the County to provide a maximum of $16,000 annually for five years
towards the annual rental costs of the Maryland Theatre for the pageant. The lease period will be for June
2022 through 2026. The County has participated in similar lease agreements for this event for the periods
2011-2016 and 2017-2021. The amount of funds contributed by the County has remained constant
through each lease renewal. Per the contract, the costs for each party are as follows:
Obligation of Carroll County Foundation, Inc.
(Miss Maryland Pageant)
$11,890
Obligation of City of Hagerstown $8,000
Obligation of County $16,000
Total Rental Costs $35,890
The Miss Maryland Pageant generates hotel night stays and stimulates support of County business,
restaurants, and attractions; therefore, the event and support of this associated contract is an eligible use of
Hotel Rental Tax funds.
FISCAL IMPACT: The Hotel Rental Tax Fund will be reduced by the amount of this award; $16,000
per year for a total of $80,000 over a five-year period.
CONCURRENCES: N/A
ALTERNATIVES: Deny the request for Hotel Rental Tax Funding.
ATTACHMENTS: FY22-26 Lease Agreement
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
2 THE
. . . . . . . . . .
M -D .i LA D
. . . . . . . . . . .
NR,� _11.". ��.
_iM U:
THEArrRE
LEASE
21South Potomac Street
Hagerstown, MD 21740
(301) 790-3500 phone
(301) 791-6114 fax
This LEASE (the "LEASE") is made this day of , 2021, by and between The
Maryland Theatre Association, Inc., a non-profit Maryland corporation, 21 S. Potomac Street,
Hagerstown MD ("LANDLORD"), the Carroll County Foundation, Inc., a nonprofit Maryland
corporation, ("TENANT"), the City of Hagerstown, a Maryland municipal corporation,
("CITY"), and the Board of County Commissioners of Washington County, Maryland ("COUNTY"),
(CITY, and COUNTY shall also be referred to as "GUARANTOR" or collectively "GUARANTORS").
RECITALS
The LANDLORD is the owner of certain real property and improvements situated at 21 S. Potomac Street
Hagerstown, Maryland consisting of a certain historic structure known as The Maryland Theatre (the
"PREMISES"). The TENANT has previously used the PREMISES for the purpose of conducting the
Miss Maryland Scholarship Pageant and the Miss Maryland Outstanding Teen Pageant, (collectively, the
"EVENTS"). The LANDLORD and the TENANT are desirous of entering into this LEASE so that the
Events may continue as set forth in this LEASE, subject to the terms, conditions, and limitations of this
LEASE. The GUARANTORS recognize that it is in its best interest to endorse, support, and advance the
performance of this LEASE given the significant community benefit derived from having the sites of the
Events in Hagerstown and Washington County and the LANDLORD is willing to enter into this LEASE
provided that the GUARANTORS join in the execution of its LEASE to unconditionally guarantee the
payment of the TENANT's rental obligations hereunder, as set forth below.
1. Term of the LEASE. The use of the PREMISES is hereby granted to the TENANT for the
following dates (each Eight (8) day the "TERM") and for no other purpose of conducting the
Events as follows:
1. Beginning Sunday, June 19, 2022 and continuing for eight (8) consecutive days ending on the
following Sunday.
2. Beginning Sunday, June 18, 2023 and continuing for eight (8) consecutive days ending on the
following Sunday.
3. Beginning Sunday, June 16, 2024 and continuing for eight (8) consecutive days ending on the
following Sunday.
4. Beginning Sunday, June 15, 2025 and continuing for eight (8) consecutive days ending on the
following Sunday.
5. Beginning Sunday, June 21, 2026 and continuing for eight (8) consecutive days ending on the
following Sunday.
INT: INT: INT:
2. USE DATES: The PREMISES shall be available to the TENANT on the above referenced dates
beginning at 8:00 AM and ending at 11:59 PM daily. The technical staff shall not be permitted to work
past these hours referenced above. Failure to comply with these hours shall result in a $500.00 deduction
from settlement in order to cover additional labor hours. Preliminary events shall start on the first day of
the TERM promptly at 7:30PM and the final night will start promptly at 7:OOPM.
INT: INT: INT:
�
3. RETURN OF LEASE: Dates and details requested by TENANT are not considered firm until this
LEASE is fully executed and signed by all parties. LEASE must be received and si ned by June 1, 2021.
INT: INT: INT:—�
4. LIABILITY INSURANCE: TENANT agrees to provide to the LANDLORD, no later than Sixty (60)
days before the event, a certificate of insurance evidencing the following insurance coverages are
in place:
General Liability Insurance
$2,000,000 Annual Aggregate
$1,000,000 Per Occurrence
Must include Liquor Liability if TENANT is responsible for dispensing or selling alcohol
Automobile Liability (including hired & non -owned vehicles) $1,000,000 Per Occurrence
Worker's Compensation (if TENANT has employees)
a. State or District of Project Location
b. Employer's Liability Including Broad
Form and Voluntary Compensation
Umbrella Excess Liability
Statutory Limits
$500,000 Each Incident
$500,000 Disease, per
Employee
$500,000 Disease Policy Limit
$1,000,000 Aggregate
$1,000,000 Per Occurrence
The LANDLORD shall be listed as an Additional Insured on a primary basis to the TENANT's General
Liability (per ISO CG20101185 or equivalent), Auto Liability, and Umbrella policies. TENANT's
insurance must be primary and non-contributory.
INT: INT: INT: Y4e,_
5. CANCELLATION BY TENANT/DEFAULT: Should the TENANT cancel the either of the EVENTS
covered by this LEASE or default in the performance of any of the terms and conditions of the LEASE,
the REPRESENTATIVE of THE LANDLORD may terminate this LEASE. Upon termination of the
LEASE for whatever reason, TENANT agrees to promptly remove at TENANT'S expense all. its property
from the PREMISES within Twenty -Four (24) hours. Any payments and deposits made to the
LANDLORD shall be retained and the TENANT shall pay to the LANDLORD the rental fee costs of use
for the applicable TERM, as the case may be, as if the performance has not been cancelled. Should the
TENANT choose to cancel either of the EVENTS within Ten (10) days from the date of the cancelled
EVENTS, the rental fee of use for the current year of the TERM will be due in full before the first day of
the EVENTS. Should the TENANT choose to cancel the EVENTS more than ten (10)'days from the date
of the performance 50% of the rental fee of use for the current year of the TERM will be due in full
before the first day of the EVENT. In the event that multiple refunds must be completed for patrons due
to a cancelation, the TENANT will be billed at 8% credit card fee per refund. In the event of default by
TENANT and/or in the event of cancelation by TENANT, GUARANTORS shall not be obligated to pay
their respective guaranty payments set forth in Paragraph 34, below.
INT: INT: INT:�
6. PREMISES RENTED: The LANDLORD shall be paid the following flat rental fee on an annual basis
for use of the PREMISES:
Year:
Rental Fee:
2022
$3 5, 890.00
2023
$359890.00
2024
$35,890.00
2025
$35,890.00
2026
$35,890.00
This rental fee covers use of the House, Stage and Dressing Areas. The Lobby Areas and Rest Rooms are
included for the entirety of the TERM. Additionally, the following spaces will be made available to the
TENANT as listed below:
2nd floor conference room to be utilized by the event judges, auditors and their leaders for interviews,
meetings and judges' meals Tuesday & Wednesday 9AM- I I PM and Thursday -Saturday 6PM- I I PM.
3' floor rehearsal studio & adjoining restrooms to be utilized by contestants and their leaders for
rehearsal only on Monday 9AM- 9PM.
4' floor ballroom to be utilized by contestants, pageant leaders and contestant family members for
visitation on Wednesday- Friday evenings for 60 minutes after the completion of the performance that
evening and must conclude prior to 11:59PM.
The offices, staff restrooms and other event spaces not mentioned above are not included. Restorationn------
fees are collected to maintain the integrity of the historic landmark.
INT: INT: INT:_��
7. 501 (C) (3) Rental: TENANT must produce a copy of its 501(c)(3) certificate One Hundred and
Twenty (120) days prior to event ,dates.
INT: INT: INT:
8. SETTLEMENT: An annual deposit of $8,000.00 shall be payable to the LANDLORD by the
TENANT by May 1 It
for each year of this LEASE. The balance of $27,890.00 shall be paid in each year,
due and payable within fifteen (15) days of the conclusion of the EVENTS.
INT: INT: INT: *P..-
9. TICKETS: The LANDLORD reserves the right to print, sell and/or distribute all tickets to events held
at the PREMISES. The LANDLORD will sell tickets in the ticket sales office prior to the EVENTS
during its regular hours of operation and for One (1) hour prior to the EVENTS. Ticket prices and on sale
dates will be determined by the TENANT and communicated to the LANDLORD on an annual basis by
no later than January 31 It.
Copies of the ticketing order form for Pageant Executive Directors and
Princesses will be provided to the Landlord to use in the box office prior to the on sale date. On sale dates
will be prior to April 15' annually. It is understood that the ticket office charges the patrons a $5 service
fee per ticket purchased and a $10 service fee per season package purchased. Season package orders will
not be available online and all order forms must be received annually by the Saturday of Memorial Day
Weekend.
The proceeds from all tickets sold shall belong exclusively to the Miss Maryland Scholarship
Organization ("MMSO") or any other assignee as determined by the TENANT and the identity of which
has been provided prior to the EVENTS to the LANDLORD. The proceeds from all tickets sold by the
LANDLORD, less the service fee, shall be due and payable to the MMSO within fifteen (15) days after
the end of each TERM. The TENANT expressly authorizes the LANDLORD to make such payment to
the MMSO notwithstanding the fact that such entity is not recited in the listing maintained by the
Maryland Department of Assessments and Taxation.
The box office will reserve and utilize the following tickets complimentary printed for all four events,
with no service fees: All 300 sections seating (for princesses), 200 section- rows D-H (for executive
directors), 300 section -balcony rows BB-FF 109-113 (for princesses) and any other seats as determined
by the TENANT prior to the on -sale dates.
The following seats will not be made available for sale: All box seats (reserved for contestant seating),
200 section- rows A-C (judges tables and seating and one row behind), and any other seats as determined
by the TENANT prior to the on -sale dates. The TENANT agrees to pay a 4% charge for credit card sales
per Section 31. Credit card fees are nonrefundable. The LANDLORD is entitled to 20 complimentary
tickets to each performance comprising the EVENTS and the service fees will not apply to such tickets.
INT: INT: INT: wd-1
10. ADVERTISING: TENANT shall not advertise any performance prior to the signing of this LEASE.
Additional advertising opportunities with the LANDLORD may be available. The LANDLORD will
advertise the EVENTS on its marquee and website up to Three (3) days prior to the date of and
throughout the EVENTS at no cost to the TENANT. Every effort will be made by the TENANT, in
communication with the LANDLORD, to promote the sales of the tickets to the general public in order to
achieve asold-out house.
INT: INT: INT: -..
11. TECHNICAL REQUIREMENTS: The Technical Director must be informed of all technical
requirements and must have current lighting plots and floors plans at least Thirty (30) working days prior
to the EVENTS. All information including but not limited to talents, music, and contestant schedule must
also be received prior to June 1 St annually. All equipment brought in by the TENANT will be inspected by
the Technical Director for possible safety violations, and the Technical Director will have final approval
and authority for the use of such equipment. Technical information from the TENANT shall be first-hand
and in writing.
INT: INT: INT:
12. STAFFING: The Technical Director shall schedule a lead crew member and additional crew members
to work during the hours the TENANT will be at the PREMISES. Minimum staffing for the EVENTS is
Technical Director and three crew members. The TENANT will provide a producer/director position who
will "call" the shows during all live events open to the public. The LANDLORD and the TENANT will
work together to schedule an appropriate level of technical staff in order to meet but not exceed the needs
of the rehearsals and shows. The TENANT will make every effort to provide up-to-date schedules to the
LANDLORD for the rental dates in order to minimize unnecessary staffing and expenses. The assigned
staff shall not be requested or directed to leave the building for any purposes, including but not limited to
running errands by the TENANT.
INT: INT: INT: 4--.6
13. CROWD CONTROL: The LANDLORD shall schedule a lead staff member and three additional
members to act as crowd control for the shows only. This staff shall be required to arrive a minimum of
Sixty (60) minutes prior to show time and shall leave the PREMISES Thirty (30) minutes after the close
of the curtain. While the crowd control staff will make every effort to uphold the guidelines set forth by
the TENANT, the TENANT agrees to indemnify, defend and hold harmless the crowd control persons
associated with the THEATRE, from all losses, costs, damages, demands, claims, suits, actions, or
liabilities resulting from injuries or death to any persons, during the period in which this LEASE covers
the use of the PREMISES, or occurring as a result of the use of the PREMISES during the TERM.
INT: INT: INT:Y.-oe�
14. PRODUCTION REQUIREMENTS: The TENANT shall be held responsible for producing and
directing a quality and high level of entertainment. As a TENANT of the historic Maryland Theatre, the
mission of the LANDLORD must be carried out of providing quality productions. Capable and qualified
staffing must be provided by the TENANT in order to do so. It is understood that the TENANT is a
volunteer organization, however the LANDLORD expects communication from the TENANT regarding
items that are difficult to produce and guidelines that are unachievable. The LANDLORD views the
TENANT'S events as a working partnership with both the LANDLORD and the TENANT striving to
improve the EVENTS annually. The TENANT agrees with the statements above.
INT: INT: INT:_M —
15. COMBUSTIBLE AND EXPLOSIVE MATERIALS ARE NOT ALLOWED: The TENANT shall
not bring any combustible or explosive materials on the PREMISES. (Note: The use of combustible or
explosive materials is unlawful in the City of Hagerstown.) Pyrotechnic and open flame displays are
strictly prohibited. The PREMISES is protected by a fire alarm system. The use of smoke machines or
other special effect equipment shall not interfere with the operations of the fire alarm system or obscure
the visibility of any emergency exit. The activation of the fire alarm system will cause the show to end
and the PREMISES to be evacuated until occupancy is approved by the fire department. Special effect
items include but are not limited to flashpots, open flame, smoke devices, fog machines, diffusion, hazers,
candles, flaming torches, and lasers. The LANDLORD and / or the fire marshal office shall have the right
to require the demonstration of any special effects display to assure compliance with all local and state
fire and life safety codes.
INT: INT: INT: �yx
16. COPYRIGHT LICENSE: The securing and payment of the copyright license fee(s) are the
responsibility of the TENANT. TENANT agrees to defend, indemnify, and hold harmless the
LANDLORD against all claims, demands, cost, and expenses that The LANDLORD may sustain or incur
by reason of any infringement or violation of any copyright or proprietary right in the events described in
Section 1. BMI and ASCAP will be the responsibility of the TENANT, if applicable.
INT: INT: INT: qi�
17. CONTROL OF PREMISES: The LANDLORD shall be at all times under control of the PREMISES.
Doors shall not be propped open at any time. Every effort will be made by LANDLORD staff to ensure
guidelines set forth by the TENANT of limiting public access into the facility during various times of the
rental period. Doors may be unlocked at times of monitoring by LANDLORD'S staff, volunteers, or
TENANT.
INT: INT: INT:
18. THE LANDLORD WILL PROVIDE AS PART OF THE RENTAL FEE CHARGE: In house
lights/sound equipment, heating/air conditioning, ushers, facility insurance. TENANT agrees to leave the
PREMISES in the same condition as existed on the date TENANT took possession, ordinary wear and
tear excluded.
INT: INT: INT:
19. TRASH REMOVAL & CLEANING: TENANT agrees to keep the PREMISES in good order during
the EVENTS covered by the LEASE and immediately after the EVENTS to remove all personal items,
equipment trash, and rubbish concurrent with the take-outs of sets, props, and costumes. The
LANDLORD will provide appropriate cleaning services during the EVENTS in order to present an
acceptable appearance to attendees and well stocked restrooms for the TENANT. Cleaning services are
available during normal business hours and custodial staff will make every effort to not cause disturbance
of the activities of the TENANT.
INT: INT: INT:
20. RESTORATION AFTER EVENT: If TENANT's use of the PREMISES requires that the regular
stage draperies and/or lighting equipment must be removed from the battens prior to the EVENTS,
TENANT agrees to pay technical fees to have the equipment restored to the original set-up that the
LANDLORD prefers, except normal wear and tear.
INT: INT: INT:
21.OPENING HOURS: It is the policy that the Lobby/Annex of the PREMISES is opened One (1) hour
prior to a performance and the house doors are opened Thirty (30) minutes prior to the scheduled time of
the performance. In the event of a large audience, reduced space in gathering areas due to product sales or
inclement weather, the LANDLORD's staff will request opening the house prior to 30 minutes before
show time due to the safety of our patrons.
INT: INT: INT:
22. SEATING CAPACITY: Seating capacity of persons inside the historic Maryland Theater is
established at 1,293 including the box seating, ADA spaces, main level, balcony level and VIP Suite
seating. No persons will be permitted in the building beyond those who are attending (ticket holders),
contestants and pageant leadership.
INT: INT: INT: XhL
23. TENANT PRODUCT SALES: The LANDLORD may permit the sale of souvenir programs, records,
books, or any related merchandise commonly sold or dispensed at the EVENTS. If such items are sold,
the standard house commission for this event of twenty percent (20%) will be waived. All taxes are the
responsibility of the TENANT. Up to two (2) tables may be placed in the designated lobby area and One
(1) table in the annex area for TENANT'S sales. The LANDLORD must be informed of all product sales
Thirty (3 0) days prior to performance. The LANDLORD will not be responsible for any tax responsibility
resulting from merchandise sales. The LANDLORD retains all rights to deny any or all of product sales
within or about the PREMISES.
INT: INT: INT:
24. CONCESSION SALES: The LANDLORD retains rights for all Food and Beverage Concessions,
and LANDLORD product sales within the PREMISES. The LANDLORD may operate the concession
stand up to One and One -Half (1 1/2) hours before a performance and during the required intermission. All
alcohol consumed on the PREMISES shall be purchased from the concession stand.
TENANT acknowledges that alcohol sales, service, and consumption upon the PREMISES are governed
by Maryland law. Consequently, TENANT agrees to comply with such rules and regulations including
but not limited to ensuring that all patrons buying, possessing, consuming and/or sharing alcoholic
beverages must be at least twenty-one (21) years of age, without exception. The LANDLORD reserves
6
the absolute and unqualified right at any time to request and examine all photo identifications, to limit or
restrict sales as needed, and to cease the sale of alcoholic beverages in the event of the LANDLORD's
determination that the continued sale of such products is in violation of Maryland law or that such
continued sale presents a threat to the public welfare and safety.
INT: INT: INT: i5A.-
25. RECORDING: TENANT agrees that no recording, visual or audio, of any kind is made of the
EVENTS without prior written approval from the LANDLORD. The LANDLORD has the right to
require payment for said privilege. A complimentary copy must be provided to the office of the
LANDLORD.
INT: INT: INT:
26. NO OBSTRUCTION: TENANT shall neither encumber nor obstruct the sidewalk in front of, or the
halls and stairs of the PREMISES, including loading area and all exterior fire exits from the building, nor
allow the same to be obstructed or encumbered in any manner other than during Load In/Out. The
backstage and dressing room areas are included in these requirements and will be monitored by the
TENANT. Sight lines from the seating shall not be obstructed to the stage by placement of any
equipment. Parking for the TENANT and its associates is the responsibility of the TENANT. The
TENANT agrees to follow all parking instructions by the Hagerstown Police or designated LANDLORD
employee. The LANDLORD will make every effort to reserve one (1) parking space, with the approval of
the City of Hagerstown, in direct proximity of the THEATRE, for the judges for each of the performance
events.
INT: INT: INT: Y*,_
27. PUBLIC SAFETY & INDEMNITY: TENANT agrees to conduct its activities upon the
PREMISES so as not to endanger any person lawfully thereon; and to indemnify, defend and hold
harmless all persons associated with the TENANT are the responsibility of the TENANT and must act in
an appropriate manner and utilize each area of the facility respectfully. Each room of the facility must be
utilized for what it was intended for. Ex: lobby should not be used as a dressing room. The LANDLORD,
its agents, consultants and employees shall be held harmless from all losses, costs, damages, demands,
claims, suits, actions, or liabilities resulting from injuries or death to any persons, as the result of any
intentional, reckless, or negligent conduct of TENANT, its agents, employees, servants, contractors,
subcontractors, licenses, invites or guests, during the TERM of the LEASE, or occurring as a result of the
use of such space during the agreed period.
INT: INT: INT:e-JL14
28. HANDICAP ACCESSIBILITY: The PREMISES is in compliance with the American with
Disabilities Act and the PREMISES is accessible to people with disabilities. Accessible seating is not sold
online. Seating is available for patrons in wheelchairs. Sign Interpreters are scheduled as requested by
patron(s). Additional assistance can be made for those requiring backstage access. The TENANT shall
provide the LANDLORD with a list of the types/numbers of impaired persons expected to attend the
performance.
INT: INT: INT: _g�
29. CONDITION OF PREMISES: The LANDLORD and its agents have made no representation or
promises with respect to the PREMISES or other areas of the building, except as herein expressly set
forth. The utilization of the PREMISES by TENANT shall be conclusive evidence, as against TENANT,
that TENANT accepts same "as is" and that said premises and the building of which the same form a part
were in good and satisfactory condition at the time such possession was so taken.
INT: INT: INT:
30. ADDITIONAL REGULATIONS: TENANT shall comply with the laws of the United States of
America, the State of Maryland and the City of Hagerstown. Violations by the TENANT will result in
default by TENANT. Smoking is not allowed anywhere in the .building. The TENANT is responsible for
informing event staff of the no -smoking policy, which is strictly enforced for safety and health reasons.
INT: INT: INT:
31. Load in/load out will take place between the hours of 8:00 AM and 11:59 PM on the days of the
TERM of this LEASE. Failure to comply with the move -out deadlines means the LANDLORD will store
the TENANT'S effects at a storage fee of $500.00 per day, deducted from settlement, for the following
day or any part of a day thereafter until the TENANT removed effects from the PREMISES. Storage fees
may be deducted from box office revenues.
INT: INT: INT:
32. The administrative/ticket office located at 21 S. Potomac Street is open weekdays from 11:00 AM to
4:30 PM (except holidays/seasonal changes) and 1 hour prior before performances.
INT: INT: INT:_�
33. ASSIGNMENT: The Parties hereto acknowledge that the TENANT shall NOT have the right to
assign its rights and obligations hereunder to any third party without the written consent of the
LANDLORD and GUARANTORS.
INT: INT: INT: bu_�
34. GUARANTY: In order to induce the LANDLORD to enter into this LEASE, the GUARANTORS
unconditionally guarantee to the LANDLORD the full and punctual payment when due of the
TENANT'S rental fee obligations under the terms of this LEASE, in the respective amounts set forth
herein. GUARANTORS may satisfy their individual obligations hereunder by making payment directly
to LANDLORD without first waiting for an event of default by TENANT.
The maximum CITY guaranty obligation shall be $8,000.00 per year for each year of the term hereof, to
be paid within fifteen (15) days of the conclusion of the EVENTS each year.
The maximum COUNTY guaranty obligation shall be $16,000.00 per year for each year of the term
hereof, to be paid within fifteen (15) days of the conclusion of the EVENTS each year.
The TENANT guaranty obligation shall be $11,890.00 per year for each year of the term hereof, to be
paid no later than May 1st each year.
If this Lease is terminated by mutual consent of the Parties or pursuant provision 5 hereof, the
GUARANTORS' obligations hereunder shall cease for any subsequent, remaining year of the term
hereof.
INT: INT: INT:
3 5 . FORCE MAJE URE
a. No Party (including a GUARANTOR) shall be liable or responsible to any other Party,
nor be deemed to have defaulted under or breached this LEASE," for any failure or delay
in fulfilling or performing any term of this LEASE, when and to the extent such Party" s
(the "Affected Party") failure or delay is caused by or results from any one or more of
the following events ("Force Majeure Event(s)") : (a) acts of God; (b) flood, fire,
earthquake, explosion, or pandemics (including the COVID-19 pandemic); (c) war,
invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or
other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in
effect on or after the date of this Lease; (f) national or regional emergency; (g) strikes,
labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of
adequate power or transportation facilities; and (i) other similar events beyond the
control of the Affected Party.
b. The Affected Party shall give notice within ten (10) days of any Force Majeure Event
to the other Parties, stating the period of time the occurrence is expected to continue.
The Parties recognize that said period of time may extend through one or more Lease
Years. The Affected Party shall use diligent efforts to end the failure or delay and ensure
the effects of such Force Majeure Event are minimized. The Affected Party shall
resume the performance of its obligations as soon as reasonably practicable after the
removal of the cause.
(SIGNATURES APPEAR ON THE FOLLOWING PAGE)
AGREED AND ACCEPTED
Carroll County Foundation, Inc. The Maryland Theatre Association, Inc.
(TENANT) (LANDLORD)
Type/Print Name and Title
Date
City of Hagerstown, (GUARANTOR)
By: /
K ellcK, dtivor
Type/Print Name and`Title
Date ,'`� rl � aG��
M
Type/Print Name and Title
Date
Board of Commissioners of Washington County, Maryland (GUARANTOR)
am
Type/Print Name and Title
Date
Any changes, modifications or waivers of these provisions are invalid unless initialed by the
TENANT, GUARANTORS, and the designated agent of The Maryland THEATRE. This LEASE is not
valid until signed by the LANDLORD'S REPRESENTATIVE.
10