HomeMy WebLinkAbout200602aJeffrey A. Cline, President
Terry L. Baker, Vice President
Krista L. Hart, Clerk
BOARD OF COUNTY COMMISSIONERS
June 2, 2020
OPEN SESSION AGENDA
The meeting of the Board of County Commissioners of Washington County will be held at 100 West Washington
Street, Suite 1113, Hagerstown. Due to Governor Hogan’s Executive Order and gathering restrictions, Board
members will be practicing social distancing. County buildings remain closed to public access except by
appointment. Therefore, there will be no public attendance in the meeting chambers. The meeting will be live
streamed on the County’s YouTube and Facebook sites.
10:00 AM MOMENT OF SILENCE AND PLEDGE ALLEGIANCE
CALL TO ORDER, President Jeffrey A. Cline
10:05 AM APPROVAL OF MINUTES: April 16, 2020 and April 28, 2020
10:10 AM COMMISSIONERS’ REPORTS AND COMMENTS
10:20 AM BLACK ROCK AGRICULTURAL LEASE – Andrew Eshleman, Director, Public Works;
Todd Moser, Real Property Administrator
10:30 AM NEXT GENERATION 911 UPDATE – Dave Hays, Director, Emergency Services; Bud
Gudmundson, GIS Manager; Jennifer Kinzer, Deputy Director, Planning & Zoning
10:40 AM WATER AND SEWER STUDY – Kirk Downey, Interim County Administrator
10:50 AM PARADISE HEIGHTS SECTION “B” – Jill Baker, Director, Planning & Zoning
11:00 AM PUBLIC HEARING: AGRICULTURAL LAND PRESERVATION DISTRICT
APPLICATIONS - Chris Boggs, Land Preservation Planner, Planning & Zoning
11:15 AM FORT RITCHIE CONTRACT EXTENSION – Kirk Downey, County Attorney
11:30 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)
11:50 AM RECONVENE IN OPEN SESSION
11:55 AM ADJOURNMENT
Wayne K. Keefer
Cort F. Meinelschmidt
Randall E. Wagner
Open Session Item
SUBJECT: Black Rock Agricultural Lease
PRESENTATION DATE: June 2, 2020
PRESENTATION BY: Todd Moser, Real Property Administrator, Andrew Eshleman, Director of
Public Works
RECOMMENDED MOTION: Move to approve the request to proceed with the Request for Quotation
(RFQ) for the rental of a tract of land adjacent to Black Rock Golf Course and Landis Road and enter into
an Agricultural Lease with the highest bidder.
REPORT-IN-BRIEF: The existing five-year lease with the current tenant is set to expire at the end of
October 2020.
DISCUSSION: The County has approximately 46.25 +/- acres of tillable land available for agricultural
use. The proposed lease is for the term of five years and allows either party to terminate the lease with 60
days written notice. Language regarding proposed future walking trails has been added to the lease that
will allow the County to construct trails in the future. If the County terminates the lease, the tenant will
have 60 days to harvest crops. If the crops are not deemed ready to harvest, the County will pay the tenant
the current local USDA rate for existing crops the tenant was prevented from harvesting.
FISCAL IMPACT: Estimated annual revenue of $3,500 - $4,000.
CONCURRENCES: County Attorney’s Office
ALTERNATIVES: Negotiate new lease with current tenant.
ATTACHMENTS: Aerial Map, Draft Lease
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Black Rock Golf Course Ag ricultural Fields
0 250 500 750 1,000Feet
$- Ag ricultural Fields for Lease(Approximately 46.25 +/- Acres)
Legend
- Washin gto n Co. B.O.C.C
4.35 +/- ac.
21.60 +/- ac.
12.65 +/- ac.
7.65 +/- ac.
Mount AetnaRoad
LandisRoad
LondontowneDriveWestminsterCourt
LinksViewDrive
FairMeadowsBoulevard
Agricultural Lease
ATTACHMENT E
AGRICULTURAL LEASE
THIS AGRICULTURAL LEASE (“Lease”) is made as of the _______ day of
________________, 2020, between the
, a body corporate and politic of the State of Maryland,
100 W. Washington Street, Hagerstown, Maryland 21740 (hereinafter referred to as “Landlord”)
and a Maryland Limited Liability Company, (hereinafter referred to as
“Tenant”).
In consideration of the rents and covenants herein set forth, Landlord does hereby lease
to Tenant and Tenant hereby leases and accepts from Landlord for a period of Five (5) year
beginning on the 1st day of November 2020, and ending on the 31 day of October, 2025, unless
this Lease shall be sooner terminated for any cause, at and for the rental and upon the other terms
and conditions hereinafter set forth, the Forty Six point Five Acres (46.5) parcels of land generally
considered farm or agricultural land (hereinafter the “Leased Premises”) consisting of
approximately Forty Six Point Five () tillable acres shown on Exhibit A situated in Election
Districts No. 10 Washington County, Maryland. Said parcel being part of the lands which were
conveyed unto the Board of County Commissioners of Washington County, Maryland, by deeds
recorded among the Land Records of Washington County, Maryland at Liber 913, folio 032, Liber
1427, folio 883, and Liber 914, Liber 353. The Leased Premises is also shown on Exhibit A
attached hereto.
Tenant shall pay as annual rent the sum of _________________(*********). Said annual
rental payments shall be due and payable on the 1st day of November of each year during the
term of this Lease and shall be mailed to the Washington County Department of Public Works,
100 West Washington Street, Suite 2400 Hagerstown, Maryland 21740.
If at any time during the term of this Lease, the Landlord desires, at its sole and absolute
discretion, to use the Leased Premises or a portion thereof for the expansion of Black Rock Golf
Course, construction of walking paths and additional parking as shown on Exhibit B, or for any
other use that the Landlord determines is in its best interest, the Landlord may terminate this
Lease upon giving sixty (60) days written notice to the Tenant. However, if at the time Landlord
desires to terminate this Lease the Tenant has crops growing on the Leased Premises, Landlord
Agricultural Lease
shall, at the Landlord’s option, either permit the Tenant to harvest the crops prior to the effective
date of termination, or reimburse the Tenant the current local USDA rate for any existing crops
on the Leased Premises which the Tenant was prevented from harvesting by reason of the
termination.
The Tenant may terminate this Lease at any time upon giving sixty (60) days written notice to
the Landlord.
Following the termination of this Lease and any compensation for existing crops as
described in this section, neither party shall have any further obligations under the terms and
conditions of this Lease.
In addition to the covenants contained in other sections of this Lease, Tenant further
agrees as follows:
(a) The Leased Premises shall be used only for agricultural purposes.
(b) Tenant shall farm, cultivate, fertilize and manage the Leased Premises in a good
and workmanlike manner, according to the most approved and accepted methods
and to keep the Leased Premises in good condition and not allow the land to be
impoverished and to have the land arable at all times. Landlord reserves the right
to approve the specific crop to be planted by the Tenant on the Leased Premises.
(c) Tenant is responsible for the sole cost of any additional utilities that are required
for their agricultural activity to include electric, plumbing and water costs.
(d) Tenant shall maintain in good repair all fences, gates and roads which may be
located upon the Leased Premises. In the event that Tenant desires to construct
fences, such fences shall be completed at the sole cost and expense of the Tenant
and the Tenant must receive written approval of the Landlord prior to the start
of construction.
(e) Tenant shall keep the Leased Premises neat and orderly.
(f) Tenant shall maintain the Leased Premises in accordance with conservation
practices recognized as acceptable by the Washington County Soil Conservation
District.
(g) Tenant shall follow other recognized practices to control soil erosion.
Agricultural Lease
(h) Tenant shall keep trim the weeds and grasses on the Leased Premises and along
the roads adjoining the Leased Premises and comply with the weed ordinance of
Washington County, as may be amended from time to time, by routinely
mowing and taking any other action necessary to comply with said ordinance, at
no cost to Washington County.
(i) Tenant may cultivate any fields suitable for cultivation and shall not cut nor
remove any sod from the Leased Premises. Tenant shall not cut any trees or
timber on the Leased Premises nor excavate the Leased Premises nor remove any
minerals from the ground.
(j) Tenant shall not burn corn stalks, straw, or other crop residues grown on the
farm, except by prior written approval of Landlord, but shall leave or spread all
such material upon the land.
(k) Tenant shall not break up established ditches, or undertake any other operation
that will injure the Leased Premises.
(l) No hunting is allowed on the Leased Premises.
(m) Tenant shall return the Leased Premises to the Landlord at the end of this Lease in
as good a condition as when received.
Tenant shall not assign this Lease in whole or in part nor permit assignment thereof by
operation of law, equity, or otherwise, nor sublet the whole or any part of the Leased Premises
without the prior written approval of the Landlord.
If the whole or any part of the Leased Premises shall be taken under the power of eminent
domain, or by private purchase in lieu thereof, this Lease shall terminate as to the part so taken
on the day when Tenant is required to yield possession thereof. All compensation awarded for
such taking shall belong to and be the property of the Landlord. A proportionate part of the rent
shall be abated from and after the day of taking.
Agricultural Lease
Except to the extent specifically limited by law, Tenant shall indemnify and save harmless
Landlord and its contractors and subcontractors and its or their present and future controlling
persons, commissioners, officers, elected officials, agents, and employees from and against any
and all claims, actions, damages, liability and/or expense in connection with loss of life, personal
injury and/or damage to property arising from or out of the condition of the Leased Premises or
because of the occupancy or use by Tenant of the Leased Premises or any part thereof, or
occasioned wholly or in part by any act or omission of Tenant or Tenant's family or any of their
agents, employees, invitees, or contractors or any other person on the Leased Premises during the
term of this Lease.
Landlord shall not be liable for any loss or damage to any person or persons or to any
property at any time located on the Leased Premises, whether due to theft or suffered by reason
of fire, water, rain, snow, hail, lightening, vermin, any animals on the Leased Premises, or any
other cause.
Tenant shall not do or suffer to be done or keep or suffer to be kept anything in, upon, or
about the Leased Premises which may contravene the terms of any hazard or liability insurance
policies Landlord may have or may obtain during the term of this Lease or any extension thereof,
or which will prevent Landlord from procuring insurance in companies acceptable to Landlord
at standard rates.
Tenant shall not execute any chattel mortgage or other security agreement or
encumbrance that would attach to the leasehold estate, the Leased Premises, or any crops thereon
or permit any chattel mortgage or other security agreement or encumbrance to attach thereto.
A. Tenant agrees that in the event he should be in default under any of the terms,
provisions, covenants or conditions of this Lease, or have otherwise breached this
Lease that:
(i) Landlord shall, in addition to every remedy now or hereafter available at
law or in equity, have all of the rights and remedies set forth in this Lease,
which shall be deemed cumulative and not exclusive of those available at
law or in equity.
Agricultural Lease
(ii) Landlord may, at its sole and absolute discretion, after having given Tenant
ten (10) days written notice, terminate this Lease and have the right to
immediate possession of the Leased Premises. No such recovery of
possession of the Leased Premises shall deprive Landlord of any other
action against Tenant for possession, rent and/or damages. If Tenant
abandons the Leased Premises and cannot with reasonable diligence be
located within ten (10) days after abandonment of the Leased Premises,
Landlord may, at its sole and absolute discretion, terminate this Lease and
have the right to immediate possession of the Leased Premises without
notice to the Tenant, or by such substituted notice as the law shall provide
or allow.
(iii) Landlord may, at its sole and absolute discretion and option, after having
given Tenant ten (10) days written notice, terminate this Lease, or, without
terminating this Lease, relet the Leased Premises or any part of the Leased
Premises, upon such terms and conditions, and at such rental as the
Landlord may deem advisable. The term of such reletting may be for a
term beyond the term of the Lease. If the Landlord chooses to relet the
Leased Premises, Tenant shall be immediately liable for any and all
expenses of reletting.
(iv) Landlord shall have the right to own or possess at Landlord’s option all
crops, both harvested and unharvested; the right to remove all property
and persons from the Leased Premises; and the right to store in a public
warehouse at Tenant’s expense all property so removed.
(v) Landlord shall also have the right, at Tenant’s sole expense, to restore
and/or put the Leased Premises or any part of the Leased Premises in good
condition and repair.
B. Each of the following shall be deemed default by Tenant under this Lease:
(i) If the rent, in whole or in part, shall be in arrears and unpaid for the period
of ten (10) days;
(ii) If Tenant shall fail to comply with any of the terms, provisions, covenants,
or conditions of this Lease and such default shall continue for the period of
ten (10) days after written notice to Tenant;
(iii) If there is filed by or against Tenant a petition in bankruptcy or insolvency
proceedings or a petition, answer, or other pleading seeking
reorganization, arrangement, composition, readjustment, liquidation,
Agricultural Lease
dissolution or other similar relief under the federal bankruptcy laws or
under any state insolvency law;
(iv) In the event Tenant makes an assignment or arrangement or executes a
deed of trust for the benefit of creditors; or
(v) If Tenant becomes insolvent or is unable to pay debts as they mature.
If Tenant does not perform any covenant or obligation required of Tenant by this Lease
or by law, Landlord shall have the right to perform such covenant or obligation and to enter the
Leased Premises for such purposes, after having given Tenant ten (10) days’ notice; except that
no notice shall be required in the event of an emergency. The cost thereof to Landlord shall be
deemed to be additional rent payable by Tenant and shall bear interest at the rate of one and one-
half percent (1.5%) per annum from the date the costs are incurred.
Landlord shall have the right to inspect the Leased Premises at any reasonable time during
the term of this Lease or any extension thereof but shall not have any duty to inspect or repair
same for any purpose whatsoever, except as is specifically set forth herein.
Waiver by Landlord of any breach of any covenant or duty of Tenant under this Lease
is not a waiver of a breach of any other covenant or duty of Tenant, or any of subsequent
breach of the same covenant or duty.
All notices required under this Lease shall be in writing and shall be considered proper,
adequate and effective if and when mailed by United States mail, certified mail, return receipt
requested, postage prepaid, as follows:
If to Landlord: Todd Moser
Real Property Administrator, Washington County
80 W Baltimore Street
Hagerstown, MD 21742
If to Tenant:
Agricultural Lease
or such other address as the parties above shall have furnished to the other in writing.
Agricultural Lease
SECTION 14
COMPLETE AGREEMENT
This Lease contains the final and entire agreement between the parties hereto, and neither
they nor their agents shall be bound by any terms, conditions, representations, or warranties not
written herein, and this Lease cannot be changed or modified except by a written instrument
subsequently executed by the parties hereto. This Lease shall constitute the entire agreement
between the parties. Any prior understanding or representation of any kind shall not be binding
upon either party except to the extent incorporated in this Lease.
This Lease shall inure to the benefit of and be binding upon Landlord and Tenant, and
their personal representatives, successors, and permitted assigns, provided that no rights shall
inure to any successor or assign of Tenant unless specifically approved in writing by Landlord. If
Tenant shall consist of more than one person or entity, they shall be bound jointly and severally
for performance of the obligations of Tenant hereunder.
This Lease shall be governed, construed and controlled by the laws of the State of
Maryland.
The invalidity of any provision of this Lease will not and shall not be deemed to affect the
validity of any other provision. In the event that any provision of this Lease is held to be invalid,
the parties agree that the remaining provisions shall be deemed to be in full force and effect as if
they had been executed by both parties subsequent to the expungement of the invalid provision.
Any modification of this Lease or additional obligation assumed by either party in
connection with this Lease shall be binding only if evidenced in writing signed by each party or
an authorized representative of each party.
Agricultural Lease
SECTION 19
CAPTIONS
The captions appearing in the Lease are inserted only as a matter of convenience and do
not limit, construe, or describe the scope or intent of the Sections of this Lease nor in any way
affect this Lease.
Time is of the essence of each and every obligation of the Tenant.
WITNESS the hands and seals of the parties hereto as of the day and year first above
written.
______________________________ BY: _________________________________(SEAL)
Krista Hart, Clerk Jeffery A. Cline, President
:
______________________________ BY: _________________________________(SEAL)
Recommended for approval by the County:
______________________________
Todd Moser, Real Property Administrator
Division of Engineering
Approved as to form and
legal sufficiency for execution by the County:
BY: __________________________
B. Andrew Bright
Assistant County Attorney
Agricultural Lease – Exhibit A Rental Tract of Land with Well Located Adjacent to Landis Road PUR-1299 Page 10 of 9
Open Session Item
SUBJECT: Next Generation 911 Update
PRESENTATION DATE: June 2, 2020
PRESENTATION BY: David Hays, Emergency Services Director; Bud Gudmundson, GIS
Manager; Jennifer Kinzer, Planning and Zoning Deputy Director.
RECOMMENDED MOTION: N/A
REPORT-IN-BRIEF: The Next Generation 911 Workgroup continues in the program to
correct address errors and sound-a-like road names throughout the county, in preparation for
implementation of the Next Generation 911 technology. Extensive work was done in the Hancock
Fire District, including the municipality of Hancock, to identify these errors. Public meetings were
held to inform and answer questions by residents and property owners. The appeal to the Hancock
Mayor and Council to cooperate and allow changes to addresses and road names inside the town was
denied. Although disappointing, the Workgroup will continue with changes in the unincorporated
areas and move on to other areas of the county next. This is a briefing to keep the Commissioners
informed.
DISCUSSION: The unincorporated area of the Hancock fire district has 23 address
error corrections and 3 private lane namings for a total of 33 address changes.
Inside the town limits of Hancock, we identified 19 address errors. Certified letters were sent to the
property owners. 13 of the letters were acknowledged, and of those, 5 accepted the change, and 4
refused to give their approval. There were 5 streets we recommended for name changes, affecting 55
addresses. The Town Council denied our request for change. One apartment complex with 48
address changes was accepted by the owner, but implementation was suspended due to the Council’s
position.
The Workgroup brings this matter to the attention of the Commissioners, as the lack of cooperation
by this municipality is of great concern, especially as it relates to the prospect of the other
municipalities and whether they will support and cooperate with this important public safety measure.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: None
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Water and Sewer Study
PRESENTATION DATE: June 2, 2020
PRESENTATION BY: Kirk C. Downey, Interim County Administrator
RECOMMENDATION: N/A
REPORT-IN-BRIEF: Discussion regarding a study of water and sewer services.
DISCUSSION: The Board expressed a desire to conduct a study regarding the
provision of water and sewer services. The study would make recommendations regarding the
provision of water and sewer services, rates, budgeting, other matters, as may be determined as a
result of the study.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Environmental Management Advisory Council Bylaws
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Washington County
WASHINGTON COUNTY ENVIRONMENTAL MANAGEMENT
ADVISORY COMMITTEE
BY-LAWS
(in accordance with Policy PR-22, Boards and Commissions)
Article I
Name and Principal Office
The name of the Committee is the Washington County Environmental Management
Advisory Committee (Committee). The principal office of the Committee is located at the Division
of Environmental Management, 16232 Elliott Parkway, Williamsport, Maryland.
Article II
Priorities
The Committee shall:
A. Provide the Board of County Commissioners (Commissioners) and County staff with
advice and suggestions in regard to:
plan;
1. Policies and procedures of the Division of Environmental Management;
2. Information concerning new regulatory proposals;
3. Information concerning current County Water and Sewer Service Policies;
4. Information concerning the County Resource Element of the Comprehensive
5. Information concerning all local solid waste issues;
6. Evaluating the Solid Waste Plan and its effectiveness and recommending
modifications; and,
7. Information concerning the biennial update of the Solid Waste Management
and Recycling Plans.
Article III
Membership
A. Composition. The Committee shall consist of no less than seven (7) and no more
than nine (9) voting members who shall be appointed by the Commissioners. In addition to the voting
members, the Commissioners may appoint others to serve as non -voting, ex officio members of the
Committee for various terms of office and for various differing purposes.
B. Terms. The original term of two (2) members shall be for one (1) year; the original
term of two (2) members shall be for two (2) years; and the original term of one (1) member shall
be for three (3) years. Any members in excess of five (5) shall serve an initial term of two (2) years.
Subsequent terms of all members shall be for three (3) years. Members of the Committee shall be
eligible for reappointment for one (1) consecutive term only and following the second consecutive
three (3) year term, shall be eligible for reappointment only following an intervening three (3) year
period.
C. Termination of Membership and Vacancies
1. Membership on the Committee may be terminated by voluntary withdrawal
or by removal by the Commissioners. Any member may withdraw from membership by
giving written notice to the Committee chair of such intention.
2. The Committee may recommend to the Commissioners that the membership
of an individual member be terminated based on one or more of the following criteria:
a. Inadequate attendance including excused and unexcused absences;
b. Breach of confidentiality;
C. Action/behavior that is inappropriate or inconsistent with County
policy.
3. The Commissioners shall have the authority to remove any member of the
Committee at any time when, in its sole and absolute discretion, the best interest of the
community shall be served.
4. Vacancies in the Committee for any reason shall be filled for the unexpired
term by the Commissioners.
Article IV
Officers
A. Elected Officers. The members of the Committee shall elect from their members, a
chair, a vice -chair, and a secretary, who may or may not be a member of the Committee. One member
may not hold more than one office. The officers shall have the duties and powers usually attendant
upon such officers, and such other duties and powers not consistent herewith as may be provided by
the Committee.
B. Chair. The chair shall:
1. Preside as the chief officer of the Committee and shall be present at all
meetings of the Committee;
2. Serve as a non -voting ex-officio member of all sub -committees and appoint
the chair of each sub -committee from among the members;
3. Ensure that proper records are maintained;
4. Communicate to the Committee such matters and make such suggestions as
may in the chair's opinion tend to promote the achievement of the goals outlined in these by-
laws; and,
5. Perform such other duties as are necessarily incidental to the office.
C. Vice -Chair. The vice -chair shall perform all duties of the chair during his or her
absence.
D. Secretary. The secretary shall maintain minutes of the meetings and when necessary
provide notice of meetings to members of the Committee. The secretary shall keep record of the
proceedings of each meeting, which shall include the vote of each member on each question, or if
absent or failing to vote, indicating such fact; the names and addresses of all witnesses; a summary
of facts on which the decision is based; the decision rendered; and other official actions of the
Committee.
Page 2 of 4
Environmental Management Adv. Committee
By -Laws FINAL October 15, 2019
E. Officer Removal, Resignation, and Vacancies.
1. The Committee may recommend to the Commissioners that a member serving
as an officer be removed from his or her officer position based on one or more of the
following criteria:
a. Inadequate attendance including excused and unexcused absences;
b. Breach of confidentiality; and,
C. Action/behavior that in the opinion of the Committee is inappropriate
or inconsistent with County policy.
2. The Commissioners shall have the authority to remove any member from an
officer position of the Committee at any time when, in its sole and absolute discretion, the
best interest of the community shall be served.
3. In the event of an officer vacancy that is caused by removal, resignation, or
any other reason, the Committee shall elect a member to fill the vacancy. The election shall
take place at the next regularly scheduled meeting following the effective date of the vacancy.
A member elected to fill the vacancy shall serve out the remainder of the officer's term left
vacant. The partial term shall not be applied to the term limits.
Article V
Meetings
A. Meetings. Meetings shall be subject to the Open Meetings Act and members of the
public shall be permitted to attend all meetings except as provided by law. General parliamentary
rules, as set forth in Robert's Rules of Order, as amended from time to time, shall govern, when not
in conflict with these by-laws.
1. Regular Meetings. Regular meeting shall be held quarterly or more
frequently as needed.
2. Annual Meeting. There shall be an annual meeting of the Committee each
year, unless otherwise ordered by the Committee, for the election of officers, receiving
reports, and the transaction of other business. Notice of such meetings issued by the
Secretary, shall be mailed to the last recorded address of each member of the Committee at
least one (1) week before the time appointed for the meeting.
3. Special Meetings. Special Meetings of the Committee may be called at any
time by the Chair, or in the Chair's absence, by the Vice -Chair, on the written request of
two (2) members of the Committee, the request of the Commissioners, or upon the request
of the Washington County Health Officer. One (1) weeks' notice of any Special Meeting
must be given to the members of the Committee and the notice must state the reason for the
Special Meeting.
B. Attendance. All members shall be required to attend the regularly scheduled
Committee meetings. Failure to attend these meetings may be at the discretion of the Committee and
result in the following:
1. A third missed meeting in any fiscal year may result in a letter to the member
from the chair regarding the attendance policy.
Page 3 of 4
Environmental Management Adv. Committee
By -Lass FINAL October 15, 2019
2. Disassociation from the Committee as a voting member may occur after the
third unexcused absence of regularly scheduled meetings in any fiscal year.
C. Quorum. For the purpose of conducting regular business, at least three (3) active
members of the Committee, when present at any meeting, shall constitute a quorum except that
officials positions of the Committee may only be established, modified, or rescinded by a majority
of the entire membership of the Committee.
D. Sub -committees. Other standing or special sub -committees of the Committee may
be formed by the Committee as deemed necessary.
Article VI
Fiscal Year and Budget
A. Fiscal Year. The fiscal year of the Committee shall begin on the 1st day of July and
end on the last day of June.
B. Budget. No budget will be provided to the Committee unless deemed necessary by
the Commissioners.
Article VII
Amendments to By-laws
These by-laws may be amended, repealed, modified, or altered, in whole or in part, by the
Commissioners, in their sole and absolute discretion. If such an amendment or change is proposed by
the Board, such proposal must be submitted in writing and approved at a meeting of the Board. The
proposal to amend these by-laws and the text of the proposed amendment must be included in the
notice of the next meeting of the Board. At that time, the Board shall vote on the proposed amendment.
Such proposed amendments shall be recommended to the Commissioners only if the proposal receives
a quorum vote of the Board.
Approved and adopted this 15th day of October 2019.
ATTEST:
I - q. 40,AJ
k_x_,�L
Krista L. Hart, County Clerk
I�Jv 4.(2 ,
Je1Xe'f,f Cline, President
Board of County Commissioners of
Washington County, Maryland
Page 4 of 4
Environmental Management Adv. Committee
By -Laws FINAL October 15, 2019
Open Session Item
SUBJECT: Paradise Heights Section B – Request to Pay Adequate Public Facilities Ordinance
Alternate Mitigation Contribution in Two Installments
PRESENTATION DATE: June 2, 2020
PRESENTATION BY: Jill Baker, Director, Department of Planning and Zoning
RECOMMENDED MOTION: Move to approve/disapprove the request to allow the developer of
Paradise Heights Section B to pay the Alternate Mitigation Contribution in two equal payments with one-
half being due prior to subdivision plat approval and the other half at the completion of the new road.
REPORT-IN-BRIEF: The Adequate Public Facilities Ordinance (APFO) requires that all new
residential development be served by public schools that are currently adequate as defined in Article V of
the Ordinance. If the development is in a school district that currently exceeds the maximum allowable
capacity or will exceed the maximum allowable capacity with the addition of seats from the new
development, then final plan approval may not be granted by the Planning Commission until such time the
district becomes adequate.
To allow development to continue but still mitigate for impacts on school infrastructure the Board of
County Commissioners adopted a process called the Alternate Mitigation Contribution (AMC). Providing
that the capacity of the school district, including seats needed for the new development, does not exceed
120% of the State Rated Capacity of the school then a developer may voluntarily choose to use this
method to move their development forward.
DISCUSSION: The developer of Paradise Heights Section B is proposing to subdivide 22 new single-
family lots along Pulaski Drive north and east of the existing Paradise Heights Section A subdivision. As
part of an on-going feasibility study the developer is requesting that the County allow for one-half of the
AMC to be paid at the time of final plat approval and to defer the 2nd half of the payment until the road
serving the new lots is completed. Completion of the new road is estimated by the developer to be
completed around August 2021.
This subdivision is located in the Maugansville Elementary, Northern Middle, and North High school
districts. Presently, both the Middle and High school districts are below the Local Rated Capacity and
therefore adequate, however Maugansville Elementary is over capacity by approximately 152 students.
Currently, the AMC for single family development equals $3,345.30 per unit. This figure fluctuates
depending upon variables such as average construction cost of a school seat and the average pupil
generation rates. To illustrate the example of if this development were ready to be approved today the
total AMC payment would be $75,596.60 (therefore half would be $37,798.30).
FISCAL IMPACT: Revenue from the AMC is used to fund new school construction costs.
CONCURRENCES: N/A
ATTACHMENTS: Letter from Developer of Paradise Heights Section B
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session
SUBJECT: PUBLIC HEARING - Agricultural Land Preservation District Applications
PRESENTATION DATE: June 2, 2020 @ 11:00 a.m.
PRESENTATION BY: Chris Boggs, Land Preservation Planner, Dept. of Planning & Zoning
RECOMMENDED MOTION: Move to approve the 10-year Agricultural Land Preservation
Districts for the following sixteen (16) property owners: Blue Mountain Farm, LLC, Eklund Family,
LLC, Walnut Hill Farm, LLC, Harbaugh, Bragunier, Winders, KB Farm Properties, LLC, Bowers,
Golden, Grimm/O’Neal, Hege, Hess, Byron/Stark, Baker, Kessler, and Wolfinger (see attachments for
complete owner and location information); and 5-year renewals for the following four (4) property
owners: Martz, Morgan, Green, and Fulton.
REPORT-IN-BRIEF: Establishing an Agricultural Land Preservation District demonstrates each
landowner’s commitment to use the property for only agricultural purposes through a recorded district
agreement for a minimum of ten years. Landowners may elect to terminate or continue the district after
10 years (or after 5 years, per ORD-2018-20). District establishment is also the first step towards
eligibility to sell a permanent agricultural preservation easement. Basic information for each applicant
can be found on the attached list. Each application has met the criteria of being a minimum of 50 acres in
size (or a minimum of 20 acres if contiguous to another district or permanent easement), 50% Class 1, 2
or 3 soils (unless an extraordinary use) and outside areas programmed for public water and sewer.
DISCUSSION: In exchange for the landowners’ commitment to use their property for agricultural
purposes only, they will receive County property tax credits on their agricultural land or buildings and a
credit of up to $711 on their farmhouse. The District/Credit program was adopted at the County level in
1991 and was updated in 2018 by ORD-2018-20 and ORD-2018-21. These Ordinances were adopted to
bring the program up to date after the State – which previously administered districts – released the
districts to the County. The purpose of the public hearing is to take public comment from interested
parties.
FISCAL IMPACT: The cost of tax credits for these properties for the full ten-year period is
approximately $12/acre/year for a total of about $29,784 per year. This will be in the form of property
taxes not collected. A total of 2,482.011 acres will be included in the 20 districts.
CONCURRENCES: The Agricultural Land Preservation Advisory Board approved all of the Districts
because they meet program criteria for size, soils, and assessment. The Planning Commission/Planning
Staff have determined the properties are consistent with Comprehensive Plan requirements due to their
locations outside of County-designated growth areas and planned water and sewer service areas.
ALTERNATIVES: Deny any of the pending 10-year Districts.
ATTACHMENTS: 2020 Applicant list; Map of Ag District applicants; Aerials Each Property.
AUDIO/VISUAL NEEDS: PDF map with district locations.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Page 1
Agricultural Land Preservation District Applicant List
Martz, Robert E. & Michael D. Martz (AD-11-004), tax map 59, parcels 3, 5, 6, & 132,
123.281 acres, 21315 Mt. Aetna Road & 10420/10334 Mapleville Rd., Hagerstown, MD
21742
Blue Mountain Farm, LLC (AD-19-006), tax map 27, parcel 56, 257.01 acres, Welty
Church Road, Smithsburg, MD 21783
Eklund Family, LLC (AD-19-007), tax map 12, parcel 19, 136.3 acres, 21167 Millers
Church Road, Hagerstown, MD 21742
Walnut Hill Farm, LLC (AD-19-018), tax map 62, parcels 148 & 253, 114.75 acres,
Lappans Road & 8423 Routzahn Road, Boonsboro, MD 21713
Harbaugh, Robert H., Jr. & Doris L. Harbaugh, L/E (AD-20-003), tax map 81, parcel
143, 47.865 acres, 19917 Millbrook Road, Keedysville, MD 21756
Bragunier, Donald L. & Charlene M. (AD-20-005), tax map 34, parcel 66, 88.9 acres,
National Pike, Clear Spring 21722
Winders, Billie E. & Carol J. Winders, L/E (AD-20-008), tax map 39, parcel 62, 114.0
acres, 12551 Itnyre Road, Smithsburg, MD 21783
KB Farm Properties, LLC (AD-20-009), tax map 39, parcel 443, 1216.424 acres, 12633
Unger Road, Smithsburg, MD 21783
Bowers, Phillip L. (AD-20-010), tax map 61, parcel 15, 69.674 acres, 16601 Bowers
Farm Road, Williamsport, MD 21795
Golden, Melinda B. (AD-20-012A) tax map 4, parcels 36, 41, & 49, 239.04 acres,
14361/14637 Tollgate Ridge, Hancock, MD 21750
Golden, Melinda B. (AD-20-012B) tax map 4, parcels 4 & 91, 132.56 acres, 14801
Tollgate Ridge, Hancock, MD 21750
Golden, Melinda B. (AD-20-012C) tax map 4, parcels 5 & 44, 109.75 acres, 14903
Tollgate Ridge, Hancock, MD 21750
Grimm, Bobbie E., Jr. & L. Maxine O’Neal (AD-20-015), tax map 51, parcel 32, 22.8
acres, 21216 Jefferson Blvd., Smithsburg, MD 21783
Grimm, Bobbie E., Jr. & L. Maxine O’Neal (AD-20-016), tax map 64, parcel 30, 118.18
acres, 21003 National Pike, Boonsboro, MD 21713
Page 2
Hege, Philip R. & Rachel J. (AD-20-017), tax map 11, parcel 52, 63.867 acres, 19330
Reidtown Road, Hagerstown, MD 21742
Hess, M. Jane (AD-20-018), tax map 27, parcel 92, 125.22 acres, 14119 Misty Meadow
Road, Smithsburg, MD 21783
Byron, Katherine D. & Timothy R. Stark (AD-20-020), tax map 61, parcels 265 & 269,
16735 Hawks Landing Lane, Williamsport, MD 21795
Baker, David L. & Barbara S. (AD-20-021), tax map 67, parcel 147, 127.2 acres, 18701
Manor Church Road, Boonsboro, MD 21713
Kessler, Mark & Angela D. (AD-20-022), tax map 71, parcel 193, 40.31 acres, 16920
Taylors Landing Road, Sharpsburg, MD 21782
Wolfinger, Russell L. (AD-20-023), tax map 67, parcel 72, 89.0 acres, 16920 Taylors
Landing Road, Sharpsburg, MD 21782
Morgan, Bonnard J., Trustee (AD-91-037), tax maps 80 & 81, parcels 42, 251, 327, 342,
343, 350, 355, 419, & 511, 192.745 acres, Chestnut Grove Road, Keedysville, MD 21756
Green, Dale A. (AD-91-048B), tax map 62, parcels 233 & 255, 25.45 acres, 17725
Lappans Road, Fairplay, MD 21733
Fulton, Janet Stiles (AD-99-008A), tax map 58, parcel 487, 67.79 acres 9004 Old
National Pike, Boonsboro, MD 21713
7 jr�`�
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Open Session Item
SUBJECT: Fort Ritchie – Contract Extension
PRESENTATION DATE: June 2, 2020
PRESENTATION BY: Kirk C. Downey, County Attorney
RECOMMENDATION: Move to approve the Fourth Amendment to the Contract of
Sale and 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 appeal period to expire in the Marhle lawsuit. 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: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Fourth Amendment of Contract of Sale
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
FOURTH AMENDMENT TO
AGREEMENT OF SALE OF REAL PROPERTY
THIS FOURTH AMENDMENT TO AGREEMENT OF SALE OF REAL PROPERTY
(“Fourth Amendment”) is effective as of this _____ day of May, 2020, 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 (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
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, due to the running of the Appeal Period, Seller cannot deliver title to the Buyer
as required by Paragraph 9(a) of the Agreement by the extended Closing Date of June 5, 2020, and as
a result thereof, the Parties have agreed to further extend the Closing Date in order to allow the Appeal
Period to run and expire.
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 Fourth Amendment shall have the same meaning and
definition as set forth in the Agreement unless expressly provided otherwise hereunder.
2. In order to allow time for Seller to continue to defend the Litigation 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 June 30, 2020; 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 Closing Date
as extended to June 30, 2020 pursuant to this Fourth Amendment.
3. If an appeal to the Litigation is timely filed during the Appeal Period, Seller hereby
agrees to proceed to fully and vigorously defend the Litigation and immediately seek to have the
appeal of the Litigation dismissed 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, if an appeal is filed during the Appeal Period such that due to the running of
statutory periods and/or the length of the appeal process of such appeal, the Litigation will remain
ongoing past the Closing Date as extended hereby, Seller acknowledges that: (a) as a result thereof,
Seller will not be able to convey the Property to Buyer in accordance with the requirements of the
Agreement as of the Closing Date as extended hereby (as the continuing Litigation 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 such event and notwithstanding that the Closing
Date as extended hereby has not yet arrived, 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 the right to declare Seller in default under Paragraph
13 thereof.
4. In all other respects, not specifically modified in this Fourth 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 Fourth
Amendment shall be resolved in favor of the terms of this Fourth 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 the right to declare Seller in default
under the Agreement in accordance with Paragraph 13 thereof.
6. This Fourth 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 Fourth Amendment may be circulated to the respective Parties for
execution by facsimile or other electronic transmission and such copy of this Fourth 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 Fourth Amendment provided that each party
has fully executed a counterpart hereof.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
IN WITNESS WHEREOF, Seller and Buyer have caused this Fourth 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