HomeMy WebLinkAbout200225aJeffrey A. Cline, President
Terry L. Baker, Vice President
Krista L. Hart, Clerk
BOARD OF COUNTY COMMISSIONERS
February 25, 2020
OPEN SESSION AGENDA
09:00 A.M. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Jeffrey A. Cline
APPROVAL OF MINUTES – February 11, 2020
09:05 A.M. CLOSED SESSION
(To discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance
evaluation of appointees, employees, or officials over whom this public body has jurisdiction; or any other personnel matter that affects one or
more specific individuals; to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain
in the State; to consult with counsel to obtain legal advice on a legal matter; and to comply with a specific constitutional, statutory, or judicially
imposed requirement that prevents public disclosures about a particular proceeding or matter.)
10:00 A.M. RECONVENE IN OPEN SESSION
10:05 A.M. COMMISSIONERS’ REPORTS AND COMMENTS
10:15 A.M. REPORTS FROM COUNTY STAFF
10:25 A.M. CITIZENS PARTICIPATION
10:35 A.M. CERTIFICATE PRESENTATION: REBECCA LANE MASSIE
10:40 A.M. CONTRACT AWARD (PUR-1421) – ENGINEERING SERVICES – Scott Hobbs,
Director, Engineering
10:45 A.M. INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-19-0029) – PERSONAL
PROTECTIVE EQUIPMENT, EMERGENCY SERVICES – Rick Curry, Director,
Purchasing; Dave Hays, Director, Emergency Services
10:50 A.M. BID AWARD (PUR-1456) AR15 RIFLES WITH ACCESSORY BUNDLE, SHERIFF’S
OFFICE – Rick Curry, Director, Purchasing; Mark Knight, Captain, Sheriff’s Office
10:55 A.M. HOTEL RENTAL TAX FUNDING REQUEST, HagerstownBMX TRACK CAPITAL
IMPROVEMENTS – Scott Cantner, Marketing Director, HagerstownBMX, and Lori Swain,
Track Director; Dan Spedden, Executive Director, Hagerstown-Washington County
Convention & Visitors Bureau
11:05 A.M. SECOND QUARTER ADJUSTMENTS TO THE BOARD OF EDUCATION’S FY2020
GENERAL FUND BUDGET – Mr. Jeffrey Proulx, Chief Operating Officer, and Mr. David
Brandenburg, Executive Director of Finance, Washington County Public Schools
11:15 A.M. WATER AND SEWER BONDS – TERM OF BONDS – Sara Greaves, CFO
11:20 A.M. PRESENTATION OF THE FY21-FY30 CAPITAL BUDGET – DRAFT 2 – Sara Greaves,
CFO; & Kelcee Mace, Deputy Director, Budget & Finance
Wayne K. Keefer
Cort F. Meinelschmidt
Randall E. Wagner
Page 2 of 2
OPEN Session Agenda
February 25, 2020
Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to
make arrangements no later than ten (10) working days prior to the meeting.
11:30 A.M. FY21 HEALTH INSURANCE RATE INCREASE AND ALLOCATION – Sara Greaves,
CFO
11:40 A.M. MOBILE HOME PARK TAX ORDINANCE FOR WASHINGTON COUNTY –Andrew
Bright, Assistant County Attorney; Sara Greaves, CFO; Todd Hershey, Treasurer
11:50 A.M. ETHICS ORDINANCE REVISIONS – Andrew Bright, Assistant County Attorney
11:55 A.M. NORTHPOINT DEVELOPMENT – Jonathan Horowitz, Business Leader, Business
Development; Jill Thompson, Director, Community & Economic Development, City of
Hagerstown
12:05 P.M. ADJOURNMENT
Open Session Item
SUBJECT: Rebecca Massie Lane Certificate of Recognition – Recipient of the Sue Hess Maryland
Arts Advocate of the Year Award
PRESENTATION DATE: February 25, 2020
PRESENTATION BY: Board of County Commissioners
REPORT-IN-BRIEF: Certificate of Recognition Presentation
“The Board of County Commissioners of Washington County hereby recognizes you for your
distinguished service to Washington County as an advocate of the arts. Your involvement with the
Washington County Convention and Visitors Bureau, the Hagerstown Arts and Entertainment District
Board, and the Maryland Commission on Artistic Property has helped bring locally, regionally, and
statewide art initiatives together. Your leadership at the Museum of Fine Arts-Washington County has
improved strategic planning, balanced the budget, developed a collection philosophy and management
policy, and created innovative exhibitions. We recognize your tireless efforts to seek endowed
positions for the museum's Curator and Educator. Congratulations on being a recipient of the Sue Hess
Maryland Arts Advocate of the Year Award and thank you for making a positive difference in the lives
of the citizens of Washington County.”
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Contract Award (PUR-1421) – Engineering Services
PRESENTATION DATE: February 25, 2020
PRESENTATION BY: Scott Hobbs, P.E., Director, Division of Engineering
RECOMMENDED MOTION: Move to award the Traffic Count Data Collection and Pavement Condition
Survey projects to the lowest responsive, responsible proposer, Pennoni Associates, Inc. and Development
Facilitators, Inc. (DFI), Joint Venture (JV) in the amount of $176,100.00 and $143,040.00, respectively.
REPORT-IN-BRIEF: Requests for Proposals were provided to the list of consultants under the Engineering
Services – Requirements Contract (PUR-1421). The following price proposals were received and opened on
Wednesday, January 29, 2020 as listed below.
Traffic Count Data Collection
Consultant: Bid:
Pennoni & Associates, Inc. and DFI, JV $ 176,100.00
Charles P. Johnson & Associates, Inc. $ 184,125.00
Brudis & Associates, Inc. $ 400,000.00
Pavement Condition Survey
Consultant: Bid:
Pennoni & Associates, Inc. and DFI, JV $ 143,040.00
Charles P. Johnson & Associates, Inc. $ 143,500.00
Wallace Montgomery & Associates, LLP $ 145,000.00
Brudis & Associates, Inc. $ 167,500.00
The proposals were evaluated and the low price proposal from Pennoni & Associates, Inc. & DFI, JV for both
projects are in order.
DISCUSSION: The pavement maintenance & rehabilitation program involves pavement preservation, repair,
and rehabilitation. Obtaining traffic count data and road survey information is a valuable part of the program in
determining condition and priorities for the approximately 900 miles of road on inventory. Updated traffic
count data is also posted on the County website for use in planning for future projects.
FISCAL IMPACT: The project will utilize available funds from the Pavement Maintenance & Rehabilitation
Program budget (RDI024) in the Capital Improvement Plan (CIP).
CONCURRENCES: N/A
ALTERNATIVES: None
ATTACHMENTS: N/A
AUDIO/VISUAL TO BE USED: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase (INTG-19-0029) – Personal Protective Equipment (PPE)
for Division of Emergency Services
PRESENTATION DATE: February 25, 2020
PRESENTATION BY: Rick Curry, CPPO, Director of Purchasing and R. David Hays, Director, Emergency
Services
RECOMMENDED MOTION: Move to authorize by Resolution, the approval of the purchase of twenty-four
(24) sets of Personal Protective Equipment (PPE) (coats $1,370.60 ea. and pants $971.30 ea.) for the Division of
Emergency Services from Witmer Public Safety Group, Inc. of Williamsport, MD at contracted unit prices totaling
$56,205.60 based on the contract awarded by the State of New Jersey (Solicitation #17DPP00100; New Jersey
Contract T0790).
REPORT-IN-BRIEF: Section 106.3 of the Public Local Laws of Washington County grants authorization for
the County to procure goods or services under contracts entered into by other government entities. On items over
$50,000, a determination to allow or participate in an intergovernmental cooperative purchasing arrangement shall
be by Resolution and shall indicate that the participation will provide cost benefits to the county or result in
administrative efficiencies and savings or provide other justification for the arrangement.
The County will benefit with the direct cost savings in the purchase of this equipment because of economies of
scale this contract has leveraged. Additionally, the County will realize savings through administrative efficiencies
as a result of not preparing, soliciting and evaluating a bid. Acquisition of the equipment by utilizing the State of
New Jersey contract and eliminating our County’s bid process would result in an administrative and cost savings
for the Division of Emergency Services in preparing specifications and the Purchasing Department.
DISCUSSION: In an effort to offset the costs associated with providing personal protective gear (PPE) to
volunteer firefighters, Washington County began providing additional assistance to volunteer fire companies by
providing PPE for distribution to active firefighters throughout Washington County. The intent is to replace PPE
that is damaged or past its serviceable life of ten (10) years. Since the beginning of this program, the county has
purchased two hundred twenty (220) sets of turnout gear. The additional twenty-four (24) sets of turnout gear
procured this fiscal year will be distributed to firefighters throughout the county in an ongoing effort to replace
aging gear that can no longer be certified.
FISCAL IMPACT: Funding is in the department’s FY20 operating budget account 599999-10-11525.
CONCURRENCES: Director of the Division of Emergency Services
ALTERNATIVES: If the county decides not to purchase the turnout gear, the individual volunteer fire
companies will incur additional costs to procure the PPE.
ATTACHMENTS: Quote No. 556168 (dated 1/10/2020) based on State of New Jersey contract pricing.
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
WASDFESCustomer Id:
Quote ID:
Date:
Sales Person:KEVIN G
01/10/2020
609174
Witmer Public Safety Group
10228 Governor Lane Boulevard
Suite 3012
Williamsport, MD 21795
Phone: (888) 560-3473
kgreenlee@thefirestore.com
Quotation Page 1 of 1
Ship To:
Washington Co. Emergency Services
Division Of Fire And Emergency Serv
16232 Elliot Parkway
Williamsport MD 21795
E-Mail:
(240) 313-2900Phone:
ATTN: Jonathan Hart, Asst. Director
Washington Co. Emergency Services
Division Of Fire And Emergency Serv
16232 Elliot Parkway
Bill To:
"New Jersey State Contract Pricing"
Quantity Item ID Description Unit Amount
CVBM-WASHCO Janesville V-Force Coat, Armor AP Gold
CVBM-WASHCO
Janesville V-Force Coat, Armor AP Gold, K4 Liner, Washington
Co. Specs, Ref: PSGQ22981-A
List Price $2,492.00
45% Discount From List
.
32,894.40 1,370.60 24
PVFM-WASHCO Janesville V-Force Pant w/Belt, Armor AP Gold
PVFM-WASHCO
Janesville V-Force Pant w/Belt, Armor AP Gold, K4 Liner,
Washington Co. Specs. Ref: PSGQ22981-A
List Price: $ 1,766.00
45% Discount From List
23,311.20 971.30 24
Subtotal:
Tax:
Total:
56,205.60
0.00
56,205.60Date:
Signature:
Quotation is valid until February 09, 2020
ACCEPTANCE OF QUOTATION
The above prices, specifications, and conditions
are satisfactory and are hereby accepted.Freight:
June 28th, 2019
To whom it may concern,
This letter serves as confirmation that New Jersey State contract number T0790 for Firefighter
Protective Clothing and Equipment is now in effect and active. Start date of this contract is
6/15/2019, with an end date of 6/14/2022.
In addition, Witmer Public Safety Group, with headquarters located at 104 Independence Way,
Coatesville, Pennsylvania 19320, is authorized to distribute LION PPE products. Witmer has been
a distributor with LION for more than 10 years and is a valued LION partner in the US.
Should you have any questions, please contact the undersigned.
Sincerely,
Dennis Magill
National Account Director
Lion Safety Resource Group
7200 Poe Ave. | Suite 400 | Dayton, OH 45414
tf: 800.548.6614 | p: 937.898.1949 | f: 937.898.2848 info@lionprotects.com | www.lionprotects.com
Open Session Item
SUBJECT: Bid Award (PUR-1456) AR15 Rifles with Accessory Bundle for the Washington County
Sheriff’s Office
PRESENTATION DATE: February 25, 2020
PRESENTATION BY: Rick Curry, CPPO, Director of Purchasing, and Captain, Mark Knight,
Washington County Sheriff’s Office
RECOMMENDED MOTION: Move to award the contract for the purchase of sixty-six (66) AR15 rifles
with accessory bundle to the responsive, responsible bidder with the lowest price per unit of $1,450 for the
Total Sum Bid of $95,700 to Precision Firearms, of Martinsburg, WV and the procurement is contingent
upon the company being registered and providing proof of being in “Good Standing” with the Department
of Assessment and Taxation.
REPORT-IN-BRIEF: The County accepted bids on January 29, 2020 for the rifles and accessory bundle.
The Invitation to Bid (ITB) was advertised in the local newspaper, on the State of Maryland’s “eMaryland
MarketPlace Advantage” eMMA website, and on the County’s website. Thirty (30) persons/companies
registered/downloaded the bid, and four (4) bids were receive. There are liquidated damages in the amount
of One Hundred Fifty ($150) Dollars per consecutive calendar day to be charged back to the bidder for
each piece of equipment not delivered by the delivery times specified. The County reserves the right to
purchase additional rifles under this bid with mutual agreement by and between the County and the Bidder.
DISCUSSION: N/A
FISCAL IMPACT: Funds are available in the Sheriff’s Office account 51-51010 for the purchase of the
rifles.
CONCURRENCES: Sheriff Mullendore
ALTERNATIVES: N/A
ATTACHMENTS: The complete Bid Tabulation may be viewed on-line at: https://www.washco-
md.net/wp-content/uploads/purch-pur-1456-bidtab.pdf
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
PRICE PER UNIT: (AR15
Rifle with Accessory Bundle)$1,450.00 $1,700.00 $1,733.00 1,900.00
TOTAL SUM PRICE: (Sixty-
Six AR15 Rifles with
Accessory Bundle)
$95,700.00 $112,200.00 $115,628.00 $125,400.00
Remarks/Exceptions:
Precision Firearms
Geissele Automatics
Page 20, #5 - Will come with Geissele Length Gas System a little longer than Mid-Length.
Page 20, #7 - ALG Defense V3XLE Blue Line Rail
Page 20, #9 - ALG ACT Trigger
Page 20, #12 - Geissele Maritime Bolt Catch
Page 20, #15 - Geissele Folding Sights Aimpoint PRO
Page 20, #17 - Powertac E5G4-W Light
Caracal USA, LLC
Total sum price includes shipping and handling costs.
American Defense Manufacturing, LLC
Price per unit does not include shiping costs. See attached Quote for shipping.
Page 20, #10 - Geissele Super 42H2
Details and warranties for firearm listed on Letter of Fact.
Individual firearm and bundled component price breakdown listed on Quotation.
Quotation is only for complete system. The items may not be purchased individually.
PUR-1456 AR15 Rifles with Accessory Bundle for Washington County Sheriff's Office
Total sum price does include shipping.
American Defense
Manufacturing, LLC
New Berlin, WI
Warranty - Lifetime (25) year Service Contract included: once per year inspection and cleaning for 5 years for no additional charge.
Precision Firearms
Martinsburg, WV
Geissele Automatics
North Wales, PA
Washington County, Hagerstown Maryland
Caracal USA, LLC Boise,
ID
Bids Opened: January 29, 2020
SIGNATURE TO BIDS
NOTE: Bidders shall use this page as a cover page when submitting his/her bid.
Each bid must show the full business address and telephone number of the Bidder and be signed by the
person legally authorized to sign contracts. All correspondence concerning the bid and contract,
including notice of award, copy of contract and purchase order, will be mailed or delivered to the
address shown on the bid in the absence of written instructions from the Bidder to the contrary. Bids by
partnerships must be signed in the partnership name by one of the members of the partnership or by an
authorized representative, followed by the signature and designation of the person signing, who shall
also state the names of the individuals composing the partnership. Bids by corporations must be signed
with the name of the corporation, followed by the signature and designation of the officer having
authority to sign. When requested, satisfactory evidence of authority of the officer signing in behalf of
the corporation shall be furnished. Anyone signing the bid as agent shall file satisfactory evidence of
his/her authority to do so.
All documents, materials, or data developed as a result of this contract are the County's property. The
County has the right to use and reproduce any documents, materials, and data, including confidential
information, used in or developed as a result of this contract. The County may use this information for
its own purposes or use it for reporting to Federal agencies. The Bidder warrants that it has title to or
right of use of all documents, materials, or data used or developed in connection with this contract. The
Bidder must keep confidential all documents, materials, and data prepared or developed by the Bidder or
supplied by the County. All erasures and/or changes shall be initialed by the individual making
modifications to the proposal.
BIDDER MUST SIGN HERE AND RETURN THIS PAGE AND THE PROPOSAL FORM IN
ADDITION TO SUBMITTING ANY DOCUMENTS CALLED FOR BY THE GENERAL
CONDITIONS AND INSTRUCTIONS TO BIDDERS, SPECIFICATIONS, AND ANY OTHER
DOCUMENTS HEREIN CONTAINED.
By signing here, Bidder does hereby attest that he/she has read fully the general conditions and
instructions, specifications, and any other documents herein contained, and does understand them and
will furnish and deliver all labor and materials in accordance with the specifications for the price as
listed on the proposal form.
Bidder acknowledges receipt of Addenda by initialing the following:
Addendum No. 1 Addendum No. 2 Addendum No. 3
Addendum No. 4 Addendum No. 5 Addendum No. 6
AFFIRMATION REGARDING COLLUSION
I AFFIRM THAT:
Neither I nor, to the best of my knowledge, information, and belief, the below stated business has:
Signature to Bids
AR15 Rifles with Accessory Bundle for Washington County Sheriff's Office �C'Cr�S `� n. ( r Crm
PUR-1456 Bidder's Name
Page 24
(a) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the
compilation of the accompanying bid or offer that is being submitted;
(b) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price
of the Bidder or Offeror or of any competitor, or otherwise taken any action in restraint of free
competitive bidding in connection with the contract for which the accompanying bid or offer is
submitted.
AFFIRMATION REGARDING BRIBERY CONVICTIONS
I FURTHER AFFIRM:
Neither I nor, to the best of my knowledge, information, and belief, the below business (as is defined in
Section 16-101 (b) of the State Finance and Procurement Article of the Annotated Code of Maryland),
or any of its officers, directors, partners, or any of its employees directly involved in obtaining or
performing contracts with public bodies (as is defined in Section 16-101(f) of the State Finance and
Procurement Article of the Annotated Code of Maryland), has been convicted of, or has had probation
before judgment imposed pursuant to Criminal Procedure Article, Section 6-220 of the Annotated Code
of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to
bribe in violation of Maryland law, or of the law of any other State or federal law, except as follows
(indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of
probation before judgment with the date, court, official or administrative body, the sentence or
disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the
business):
BIDDER'S COMPANY/FIRM
ADDRESS: `) 6( A 6 't
AUTHORIZED SIGNATURE:
NAME AND TITLE PRINTED:
" S r "n
,t Rd hc
TELEPHONE & FAX NUMBER: �)-qb — °)--
E-MAIL ADDRESS: n-� � e J0 T/ , c
M
/ --�- �-y
DATE: e) FEDERAL EMPLOYER'S IDENTIFICATION NO.
For Informational Purposes Only: Has your company/firm been certified by the State of Maryland as a
Minority Business Enterprise? (Please check below.)
Yes X No
Signature to Bids � r
AR15 Rifles with Accessory Bundle for Washington County Sheriff's Office
PUR-1456 Bidder's Name
Page 25
FORM OF PROPOSAL
PUR-1456
AR15 RIFLES WITH ACCESSORY BUNDLE
FOR WASHINGTON COUNTY SHERIFF'S OFFICE
WASHINGTON COUNTY, HAGERSTOWN MARYLAND
PRICE PER UNIT: (ARI 5 Rifle with Accessory Bundle)
C-
TOTAL SUM PRICE: (Sixty -Six AR1 S Rifles with Accessory Bundle)
REMARKS/EXCEPTIONS:
1 yi fc. r r c. a �v
-raT-,-e( C
\ ' �-------/
r- %( -, me ( -,- 6'
($ l 11-�,6 . C) 0
(Figures)
)LLARS ($ Zj'-.'76 c) , v 0 )
(Figures)
Faint ofProposal
AR15 Rifles with Accessory Bundle for Washington County Sheriffs Office
PUR-1456 Bidder's Name
Page 26
Precision Firearms
Q
74-A DuPont Rd
Martinsburg WV 25404
[71110
Washington County Sheriffs Office
500 Western Maryland Parkway
Hagerstown MD 21740
Ship To
Date Invoice #
1 /28/2020 12196
P.O. Number
Terms
Rep
Ship
Via
F.O.B.
Project
1/28/2020
Quantity
Item Code
Description
Price Each
Amount
66
Purchase-1456
5.56 AR15 Rifles
1,450.00
95,700.00T
Forged Upper and Lower Receivers
Chromelined 1-7 Twist 5.56 16 inch barrel
AR Flash Hider
Midlength Gas
Low Profile Steel Gas Block Pinned
Melonited Midlength Gas Tube
Phosphated Chrome Lined Milspec Carrier Group Tier 1 Full
Auto Rated
M-LOK Handguard with Full Top Rail
ALG Trigger
Geissele Braided Recoil Spring and H2 Buffer
90 Degree Safety
Oversized Bolt Catch
B5 Milspec Stock 6 Position
Geissele Folding BUIS
Aimpoint Pro Optic
Magpul MS3 Sling with Mounting Hardware for 2 point and
single Point attachments
Streamlight 1000 Lumen Weapons Light with remote Pressure
switch
1
Service contract to inspect and clean rifles once per year for 5
0.00
1
years
25 year Warranty
0.00
0.00
Sales Tax
0.00%
0.00
Total $95.700.00
PUR-1456
AR15 RIFLES WITH ACCESSORY BUNDLE
SCOPE OF WORK / SPECIFICATIONS
(Complete and Submit with Form of Proposal)
ITEMNO. I
AR15 RIFLES WITH ACCESSORY BUNDLE
Remarks /
Exceptions
A. GENERAL
1
AR-15 Platform
2
Upper Mil Spec upper receiver
3
Barrel 16' Government profile, chambered in 5.56mm NATO
4
Muzzle Device Mil -spec A2 or similar
5
Gas system mid length direct impingement pinned low profile gas block
6
Bolt carrier group Tier one Mil -spec full auto rated
7
Handguard round M-Loe style with full length Picatinny rail on top portion
8
Lower receiver Mil -Spec lower receiver
9
Trigger ALG ACT or similar
j
10
Buffer system H2 with enhanced spring
11
Safety 90-degree 2 position
12
Bolt Catch -Oversized bolt catch
13
Stock B-5 Systems SOPMOD 6 adjustable
14
Caliber 5.56mm NATO
15
Sight system metal folding BUIS with AIM -point pro red dot optic
16
Sling Magpul MS3 black with mounting hardware
17
Light weapon mounted flashlight with remote pressure switch 900 or
more lumens with strobe capability with necessary mounting
hardware.
Scope of Work
AR15 Rifles with Accessory Bundle for Washington County Sheriff's Office
PUR-1456
Page 20
BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
WASHINGTON COUNTY PURCHASING DEPARTMENT
PROVISIONS FOR OTHER AGENCIES
All items, conditions and pricing shall be made available to the entities listed below if authorized by the
Bidder. Authorization is to be indicated by a check mark in the appropriate column. A negative reply
will not adversely affect consideration of the bid. Any jurisdiction using this contract shall place its own
order with the successful Bidder(s). There is no obligation on the lead jurisdiction for agreements made
with other jurisdictions.
YES NO
JURISDICTION
i-
WASHINGTON COUNTY PUBLIC SCHOOLS
WASHINGTON COUNTY HEALTH DEPARTMENT
y
OTHER WASHINGTON COUNTY MUNICIPALITIES
HAGERSTOWN COMMUNITY COLLEGE
CITY OF HAGERSTOWN
FREDERICK COUNTY COMMISSIONERS
LIZ
OTHER FREDERICK COUNTY MUNICIPALITIES
ALLEGANY COUNTY COMMISSIONERS
BOARD OF EDUCATION OF ALLEGANY COUNTY
OTHER ALLEGANY COUNTY MUNICIPALITIES
ALLEGANY COMMUNITY COLLEGE
CITY OF FROSTBURG
CITY OF CUMBERLAND
GARRETT COUNTY - GENERAL SERVICES
BOARD OF EDUCATION OF GARRETT COUNTY
OTHER GARRETT COUNTY MUNICIPALITIES
GARRETT COUNTY COMMUNITY COLLEGE
WASHINGTON COUNTY VOLUNTEER FIRE & RESCUE
COMPANIES f ,
Provisions for other Agencies
AR15 Rifles with Accessory Bundle
c
for Washington County Sheriffs Office
PUR-1456
Bidder's Name
Page 23
Open Session Item
SUBJECT: Hotel Rental Tax Funding Request, HagerstownBMX Track Capital Improvements
PRESENTATION DATE: February 25, 2020
PRESENTATION BY: Scott Cantner, Marketing Director, HagerstownBMX; Lori Swain,
Track Director, HagerstownBMX and Dan Spedden, Executive Director, Hagerstown-
Washington County Convention and Visitors Bureau
RECOMMENDED MOTION: Move to approve the request for Hotel Rental Tax funding
from Hagerstown BMX in the amount of $________, for direct expenses associated with the
HagerstownBMX Track Capital Improvement project.
REPORT-IN-BRIEF: HagerstownBMX has submitted a request for Hotel Rental Tax funding
to assist with costs associated with the Hagerstown BMX Track Capital Improvement project.
The amount of funding requested for this project is $150,000. The application has been
reviewed by the Office of Grant Management and the organization and application are
considered eligible for Hotel Rental Tax funding.
DISCUSSION: HagerstownBMX along with Hagerstown City Parks Department has identified
a series of track improvements that focus on the categories of Safety, Lighting & Electric, Storm
Water Management, Accessibility, Athlete Amenities, Visitor Experience, and Track
Improvement. It is the goal of Hagerstown City Parks Department and Visit Hagerstown to
support HagerstownBMX in its mission to propel HagerstownBMX to the next level and serving
its community of riders and attract new riders to their facility at Fairgrounds Park. This project
will create an improved BMX facility that is a valuable recreational resource for the Hagerstown
and Washington County community. Hosting National Championship events will propel
HagerstownBMX to the next level and identify Hagerstown as a preferred destination for BMX
cyclist. National and Regional BMX events are multi-day and can attract between 600 and 800
riders. The commerce generated by athletes and their related family members, spectators, race
officials and media representatives can have as much as a $2 million economic impact per event.
These improvements and the subsequent events will generate wages and visitor spending in the
food and beverage, retail, transportation, and lodging sectors.
FISCAL IMPACT: The Hotel Rental Tax Fund will be reduced by the amount of this award.
CONCURRENCES: N/A
ALTERNATIVES: Deny the applicant’s request for Hotel Rental Tax Funding.
ATTACHMENTS: Hotel Rental Tax Funding Application, Site Plan, Track Improvements,
Detailed Expenses
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Washington County, Maryland
Hotel Rental Tax Funding
Grant Application
100 West Washington Street
Room 2200
Hagerstown, Maryland 21740
240-313-2040
Organization/Agency: HagerstownBMX E-mail Address: info@hagerstownbmx.com
Address:
Contact Person:
Phone Number:
Tax ID/FederallD#:
Project Classification:
Project Name
N Canon Avenue, Hagerstown, MD 21740
Swain
Title: Track Director
I(301) 573-4204... Fax Number:
52-2258093 (.: Capital Request r Operating Request
re. Tourism/Attraction Economic Development O Cultural ( Recreation
HagerstownBMX Track Capital Improvements
Project Start Date: July 2020 ',. Project End Date: December 2020
Project Justification and Economic Benefit/Impact to the Visitor Industry, if Applicable
Fhe HagerstownBMX track first opened at Fairground Park in 1999 with a mission to create a safe, positive, family-triendly atmosphere
For riders of all ages. With a goal to host USA BMX National Championship events, USA BMX, HagerstownBMX, The City of
Hagerstown and Visit Hagerstown have identified a series of needed track improvements. These improvements focus on safety,
lighting, a public address system, storm water management, accessibility, athlete amenities, spectator seating, and race track
upgrades. Hosting National Championship events will propel HagerstownBMX to the next level and identify Hagerstown as a
preferred destination for BMX cyclist. National and Regional BMX events are muilti-day and can attract between 600 and 800 riders.
The commerce generated by these athletes and their related family members, spectators, race officials and media representatives can
have as much as a $2 million economic impact per event. These improvements and the subsequent events will generate wages and
visitor spending in the food and beverage, retail, transportation, and lodging sectors contributing to the growth of the economy of
Washington County MD.
Anticipated Visitor Attendance and Impact on Hotel Rental Occupancy, if Applicable
Estimated Visitor Attendance: 2,100/event
Rental Occupancy: Regional and National events can instigate as much as $75,000 in lodging receipts and result in as much as
) in rental tax proceeds per event.
Narrative Description of Project: Include purpose of project, outline of project procedures, intended results of project or any additional
comments that support the need for project and/or merit as an event or activity designed to promote Washington County, Maryland.
rpose of the Project:
order to realize the economic impact of large scale regional and national USA BMX events certain capital improvements are needed to
=_pare the HagerstownBMX track for competition at that level. A broad community partnership proposes to make these
Outline of Project Procedures:
In May of 2019, Audrey Vargason from Visit Hagerstown -Washington County Convention and Visitors Bureau attended the National
Association of Sports Commissions annual conference and met one-on-one with sports organizations. Before the conference, Visit
Hagerstown received a Request for Proposal for USA BMX Nationals which she circulated to Scott Canter at HagerstownBMX. As a result
of a one-on-one meeting with John David and Connie Shepler from USA BMX at the conference, Vargason began to further qualifythe
opportunity to host a Nationals Event. In July of 2019, USA BMX made their routine visits to sanctioned tracks along the East Coast, Lori
and Mark Swain, Track Operators along with Scott Canter, Track Marketing Director, Dan Spedden and Audrey Vargason from Visit
Hagerstown met USA BMX Staff: Connie Shepler and Steeyle Levine. At that time, HagerstownBMX and Visit Hagerstown discussed with
USA BMX Staff the intent to bid for the 2021 Nationals and provided USA BMX Staff with an action plan. The action plan was also
provided to the Hagerstown City Parks Department and a formal meeting was arranged to discuss the venue as a host facility for a
Summer 2021 Nationals Event. Through a series of conversations amongst HagerstownBMX, Hagerstown City Parks Department and
Visit Hagerstown it became evident that for HagerstownBMX to be considered as a Nationals venue track improvement would have to
be made. HagerstownBMX facility is one of four BMX facilities in the state of Maryland and the only one without lighting. As a result, the
HagerstownBMX season and race schedule are negatively impacted. Tracks with lights can incorporate weekly night rides as well as
accommodate regional and national events.
Project Scope:
HagerstownBMX along with Hagerstown City Parks Department has identified a series of track improvements that focus on the
categories of Safety, Lighting & Electric, Storm Water Management, Accessibility, Athlete Amenities, Visitor Experience, and Track
Improvement. It is the goal of Hagerstown City Parks Department and Visit Hagerstown to support HagerstownBMX in its mission to
propel HagerstownBMX to the next level and serving its community of riders and attract new riders to their facility at Fairgrounds Park.
Intended Results:
This project will create a much improved BMX facility that is a valuable recreational resource for the Hagerstown and Washington
County community. Hosting National Championship events will propel HagerstownBMX to the next level and identify Hagerstown as a
preferred destination for BMX cyclist. National and Regional BMX events are muilti-day and can attract between 600 and 800 riders. The
commerce generate bythese athletes and their related family members, spectators, race officials and media representatives can have as
much as a $2 million economic impact per event. These improvements and the subsequent events will generate wages and visitor
spending in the food and beverage, retail, transportation, and lodging sectors contributing to the growth of the economy of
Washington County MD.
Additional Comments:
HagerstownBMX is operated by a group of locally committed volunteers who aim at providing the safest and best track conditions
possible. In the past several years the volunteers of HagerstownBMX have been dedicated to fundraising so improvements can be made
to the track and propel HagerstownBMX to the next level.
• BMX (bicycle motocross) is a family -friendly sport, HagerstownBMX has riders ranging in age from 2 years old to 60 years old.
• HagerstownBMX is one of four BMX tracks in the State of Maryland.
• BMX is a relevantly new sport, beginning in the 1970s, BMX was recognized as official support of cycling by the International Cycling
Union (UCI) in 1993 and BMX recently made its debut as an Olympic Sport in the 2008 Summer Olympics in Beijing. Historically, sports
gain popularity in relevance once being designated as an Olympic Sports and BMX will return to the Olympic spotlight in Tokyo 2020,
already gaining interest globally.
• BMX riders also know as motes compete eight at a time on a short track designed with tight bends and jumps.
• BMX is recognized as one of the most affordable and accessible sports. USA BMX memberships begin at $60 per year per rider which
provides athletes access to the Hagerstown Track. Additional registration fees apply for athletes wishing to compete: Local single point
races at HagerstownBMX are $10, Maryland State Qualifiers are $25, other regional and national races cost a little more to enter.
• In partnership with the City of Hagerstown, HagerstownBMX also offers open track nights, in which all members of the community
regardless of USA BMX membership are welcomed to enjoy the facility and ride on their own.
• HagerstownBMX recently launched a first -come -first -serve loaner bike program to get new riders interested in the sport on open track
nights. For the 2019 season, open track night attracted an average of 40-50 riders per night plus parents and guardians.
Total Project Budget
A. Amount of Hotel Rental Tax Grant Funding Requested
B. List Other Funding Sources and Their Respective Amounts
Source: Program Open Space through The City of Hagerstown
Source: State Capital Request
Source: Local Charitable Foundation
C. Total Project/Event Funding (A+B)
Itemize your total project budget into the appropriate classifications:
A. Tourism Attraction (Be specific in expense breakdown):
B. Economic Development Enhancement (Be specific in expense breakdown):
C. Cultural Projects (Be specific in expense breakdown):
D. Recreational Projects (Be specific in expense breakdown):
See attached budget details.
Project Budget
$150,000.00
$50,000.00
$150,000.00
$10,000.00
Certification
We certify the information contained in this application is complete, accurate and fully discloses the scope and intent
of our request for funding from the Hotel Rental Tax Fund. We agree to comply with the County's requests for
information regarding the use of awarded funds and to provide access to accounting records related to these funds.
We acknowledge that if expenditures of funds is approved, such approval will be for line -item -by -line -item
expenditures, which must be adhered to within the maximum 10% line item deviation.
We further acknowledge that any deviations beyond 10% allowable amount will require us to submit a program
amendment which will have to be approved by the Office of Grant Management prior to any further expenditures.
By signing this application, I/we accept and agree to be bound by the terms and conditions of Hotel Rental Tax
Regulations as administered by the Washington County Commissioners in compliance with current State laws.
Signature:
Applicant/Organization:
Date:
--
Recommended by: Dater
Director, Office of Grant Management
Recommended Award: I- '..
Comments:
Approved By: Date: F
County Administrator
Approved Award:
Board of County Commissioner Approval (for requests of $25 000 and over):
Approved by BCC:
County Clerk
Date F,',,,,
Return Application To:
Washington County Office of Grant Management
100 West Washington Street Room 2200
Hagerstown, Maryland 21740
240-313-2040
(, Approve
('; Denied
(` Approved
r, Denied
C: Approved
('.: Denied
Track Improvements Detailed Expenses
Item
Category
Amount
Concrete Pad
Accessibility
$10,000.00
Topsoil Removal around Track
Accessibility
$2,000.00
Gravel for Walkway around Traci(
Accessibility
$5,000.00
Canopy for Start Area
Athlete Amenity
$5,000.00
Storm Water Management
Environmental
$30,000.00
Upgrade to Electrical Service 400
Lighting & Electric
$19,000.00
AMP
LED Lighting in Stables
Lighting & Electric
$5,000.00
LED Traci( Lighting
Lighting & Electric
$100,000.00
Design (lighting, swm, wall)
Permits
$15,000.00
Fencing
Safety
$7,000.00
Raise Turn #1 by 18"
Traci( Improvement
$10,000.00
Raise Turn #2 by 2'
Track Improvement
$12,000.00
Raise Turn #3 by 3'
Tracl< Improvement
$15,000.00
Retaining Wall to reinforce Turn
Track Improvement
$20,000.00
#3
PA System with FM Broadcast
Visitor Experience
$20,000.00
Ability
Bleachers for 200
Visitor Experience
$40,000.00
Raised bleacher and pad
Visitor Experience
$35,000.00
Contingency
$20,000.00
Total $360,000.00
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Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Sess ion It em
SUBJECT: Second Quarter Adjust ments to the Washington Count y Board of Education’s
FY2020 General Fund Budget
PRES ENTATION DATE:
PRES ENTATION BY:
Mr. David Brandenburg, Executive Director of Finance, WCPS
RECOMMENDED MOTION:
the Board of Education’s FY2020 General Fund Budget.
REPORT-IN-BRIEF:
DISCUSSION:
FISCAL IMPACT:
CONCURRENCES: The Board of Education’s Finance Committee reviewed the proposed
ALTERNATIVES:
ATTACHMENTS:
•
on’s FY20
AUDIO/VISUAL NEEDS:
Category Value The primary reason for variance is:
Revenue 41,000 Tuition from non-resident students
Administration 116,955 Indirect cost recovery from grants calculated rate increase and savings from research consultants
9,258 Redeployment to other instructional costs
Total Expense
Reductions/Additional Revenue 1,248,428
Instructional Salaries 560,195 To realize most of the turnover credit in excess of available funds
Other Instructional Costs 99,558 Additional athletic trainer and interpreter costs
Student Personnel Services 11,675 Adjust to actual salaries
Student Health Services 176,980 Contracted nursing services and supplies increase
Student Transportation
Services 234,380 To add bus assistants for behavior needs and realize turnover credit in excess of available funds
Operation of Plant 105,640
1,248,428
0
Category Quarter 1 Quarter 2 Quarter 3 Quarter 4 Full Year
Revenue $170,492 $41,000 $211,492
Administration 87,500 (116,955)($29,455)
Mid-Level Administration (97,505)($97,505)
Instructional Salaries 64,113 560,195 $624,308
Instructional Textbooks and Supplies 128,729 (9,258)$119,471
Other Instructional Costs (195,350)99,558 ($95,792)
Special Education $0
Student Personnel Services 11,675 $11,675
Student Health Services 176,980 $176,980
Student Transportation Services 234,380 $234,380
Operation of Plant 105,640 $105,640
Maintenance of Plant 85,500 (105,640)($20,140)
Capital Outlay $0
Food Service 60,000 $60,000
Fixed Charges (878,070)(878,070)
Undesignated Fund Balance Change $0 $0 $0 $0 $0
Note: An increase in the revenue budget has the same effect as a decrease in the expense budget. They are both positive.
Therefore, when adding the column, one must reverse the sign on the requested change in revenue.
Open Session Item
SUBJECT: Water and Sewer Bonds – Term of Bonds
PRESENTATION DATE: February 25, 2020
PRESENTATION BY: Sara Greaves, Chief Financial Officer
RECOMMENDEDATION: To provide a consensus to move forward with a 30 year term for
the FY2020 bond issue for water and sewer projects only.
REPORT-IN-BRIEF: This spring, in FY2020, the county will be issuing bonds for the budget
that was passed in May of 2019. Generally, the County has issued bonds for a 20-year term.
DISCUSSION: Bonds for water and sewer projects for FY2020 could be issued up to
$6,180,000. In lieu of bonds, MDE loans could be secured for a portion of this amount which
would provide a lower interest rate over bonds. If loans are provided from MDE, the bond issue
would reduce accordingly. Information on loan eligibility is expected to be provided in early
May from MDE. The projects that bonds could be issued for include:
- Pump Station upgrades - $500,000
- Capacity Management Project – $3,180,000
- Smithsburg WwTP Upgrade - $2,500,000
In consultation with our financial advisor and considering the financial condition of the Water
and Sewer Funds, we would like to consider issuing water and/or sewer bonds over a 30-year
period instead of a 20-year period. While borrowing rates are low, we could extend the debt
service payments over a longer period to closer reflect the life of the asset and to better spread
the cost of the project over rate payers. Current existing rate payers will experience a lower debt
burden today with the 30-year option.
FISCAL IMPACT: 20 year estimated interest - $2.1M vs 30 year estimated interest - 3.3M
(estimated using 3%).
CONCURRENCES: N/A
ALTERNATIVES: Issue 20-year term
ATTACHMENTS: None
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Presentation of the 2021-2030 Capital Budget – Draft 2
PRESENTATION DATE: February 25, 2020
PRESENTATION BY: Sara Greaves, Chief Financial Officer, Kelcee Mace, Deputy
Director of Budget & Finance
RECOMMENDED MOTION: For informational purposes
REPORT-IN-BRIEF: Discussion of Draft 2 of the FY2021-2030 Capital Budget.
DISCUSSION: A Ten-Year Capital Improvement Plan is developed each fiscal year and includes
scheduling and financing of future community facilities such as public buildings, roads, bridges,
parks, water and sewer projects, and educational facilities. The plan is flexible and covers ten
years with the first year being the Capital Improvement Budget. Funds for each project are
allocated from Federal, State, and local sources.
A primary purpose of the Capital Improvement Program is to provide a means for coordinating
and consolidating all departmental and agency project requests into one document. Capital budget
requests were submitted on December 27, 2019. It is the CIP Committee’s responsibility to review
all requests that County departments and agencies submit. All projects are ranked based on
established criteria for priority ranking. Considering current and future needs, as developed in the
ten-year plan, available funding sources, and the results of the priority ranking process, the CIP
Committee determines which capital projects best meet established criteria for the current fiscal
year Capital Improvement Budget and the nine-year forecast. Not all projects can be funded due
to limited resources.
FISCAL IMPACT: FY2021 Capital budget of $60,631,000
CONCURRENCES: Not applicable
ATTACHMENTS: None
AUDIO/VISUAL NEEDS: Not applicable
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: FY2021 Health Insurance Rate Increase and Allocation
PRESENTATION DATE: February 25, 2020
PRESENTATION BY: Sara Greaves, Chief Financial Officer; Rachel Brown, Director of
Human Resources; Steve Dillman, CBIZ
RECOMMENDEDATION: For information and consensus for the FY2021 budget
REPORT-IN-BRIEF: The County self-funds the medical benefits coverage for Full-Time county
employees. Each year, the previous year health care costs incurred by the County are reviewed
through a third party, CBIZ, to provide trending analysis, anticipated cost expectations, and
contribution recommendations for budget purposes. In addition, the allocation of costs between
the Employer (the County) and the Employee portion are reviewed.
DISCUSSION: A review of FY2019 and 2020 medical expenses recommend an increase of 5%
for FY2021 over the FY2020 budget.
This 5% increase would be shared proportionately between Employees and the County as the
Employer. For budget FY2020, health care costs increased by 7% but the costs were only incurred
by the County as employee rates remained unchanged.
To manage increasing health care costs, the County’s goal has been to gradually shift more health
care costs to employees while still providing a low-cost plan. By only increasing the employer
portion last year, the opposite effect happened to the allocation of costs. The County would like
to use FY2021 as an opportunity to reset the allocation. For many years the employees’ portion
was 7.5% for the low medical plan option and 12.5% for the high medical plan option. The
proposed allocation for FY2021 is shown below.
The FY2021 budget includes a proposed 2.5% step and a 1% COLA. The annual increase for the
lowest full-time wage using a 3.5% increase is $915.20. Comparing this increase in wages to the
increase in the most expensive medical coverage possible of $395.21 (Family High Option), the
employee would still net an annual increase.
The Chart below provides information relating to the number of employees in each plan, the
existing monthly cost for both the Employee (EE) and the County (ER), the proposed rates and the
effective monthly change for employees.
2019 2020 2021
EE ER EE ER EE ER
Low 7.50% 92.50% 7.01% 92.99% 7.50% 92.50%
High 12.50% 87.50% 11.68% 88.32% 12.50% 87.50%
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
There are no recommended increases to any of the underlying benefits of either health care plan
for co-pays, deductibles, or other employee costs. There are no recommended increases to dental
or vision rates as there are no anticipated increase in costs.
FISCAL IMPACT: The 5% increase, shared proportionately represents a cost of approximately
$650K to the County. Making no change to the employee contribution of health care expenses by
absorbing the anticipated 5% increase and not reallocating existing costs to the above proposed
structure would cost the county approximately $150,000 more.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: None
EE Change
Coverage Low Option Monthly Rate EE ER Monthly Rate EE ER
Employee 174 757.66 53.11 704.55 795.55 59.67 735.88 6.56
Emp/child 126 1378.98 96.66 1282.32 1447.93 108.59 1339.34 11.93
Emp/Sp 53 1485.03 104.09 1380.94 1559.30 116.95 1442.35 12.86
Family 218 2136.66 149.77 1986.89 2243.50 168.26 2075.24 18.49
Total 571
Coverage High Option Monthly Rate EE ER Monthly Rate EE ER
Employee 100 808.23 94.42 713.81 848.63 106.08 742.55 11.66
Emp/child 70 1471.00 171.84 1299.16 1544.53 193.07 1351.46 21.23
Emp/Sp 25 1584.16 185.06 1399.10 1663.33 207.92 1455.41 22.86
Family 76 2279.26 266.26 2013.00 2393.17 299.15 2094.02 32.89
Total 271
Existing Proposed
Existing Proposed
Open Session Item
SUBJECT: Mobile Home Park Tax Ordinance for Washington County
PRESENTATION DATE: February 25, 2020
PRESENTATION BY: B. Andrew Bright, Assistant County Attorney; Sara Greaves, Chief
Financial Officer; Todd Hershey, County Treasurer
RECOMMENDED MOTION: Move to adopt the proposed Ordinance, after deciding any
changes in the new tax rate and/or monthly cap amount.
REPORT-IN-BRIEF: The Proposed Mobile Home Park Tax Ordinance was the subject of a
Public Hearing on January 28, 2020. After receiving public comments, the Commissioners took
the matter under consideration, and expressed a desire to take action in two weeks’ time.
DISCUSSION: There appears to be general agreement that the 1963 tax resolution contains
language that should be updated to modern terminology. The proposed Ordinance accomplishes
that.
The appropriate rate of the tax (or its continuation at all) is the source of debate. The
existing resolution imposes a 15% tax on gross rental charges collected by mobile home parks.
Several persons have stated that the current tax poses a hardship on mobile home park tenants,
who are subjected to other increasing expenses. The drafted Ordinance would reduce the tax rate
to 7.5% or $25.00 per month per space, whichever is less.
Regarding unpaid taxes, the County Treasurer requested inclusion of language in Section
5.04 that “ . . . the Mobile Home Park Tax shall automatically constitute a lien against the Mobile
Home Park, i.e., the real estate upon which said park is operated, regardless of how titled. .
.” That change is included as highlighted language in the draft.
FISCAL IMPACT: The existing tax at 15% yields approximately $600,000 annually. The
proposed ordinance as written is estimated to yield approximately $250,000 annually.
CONCURRENCES: County Treasurer, with amendments.
ALTERNATIVES: Adjust the tax rate or repeal the tax, as the Board finds equitable and
prudent.
ATTACHMENTS: Proposed Ordinance
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Proposed
MOBILE HOME PARK TAX ORDINANCE
FOR WASHINGTON COUNTY, MARYLAND
Adopted ______________, 20___
Effective ___________, 20___
DRAFT MOBILE HOME PARK TAX ORDINANCE FOR WASHINGTON COUNTY, MARYLAND
1. Establishment of tax.
1.01 In accordance with Maryland Code, Local Government Article, §20-501, as
amended from time to time, there is a Mobile Home Park Tax imposed in Washington
County.
2. Definitions.
2.01 The words and phrases used in this Ordinance shall have their usual
meaning, unless otherwise defined in this section.
2.02 Mobile Home Park means any real property that is leased or held out for lease
for two or more Mobile Homes for residential use.
2.03 Mobile Home means a structure:
(i) Transportable in one or more sections;
(ii) 8 or more body feet in width and 30 or more body feet in length;
(iii) Built on a permanent chassis; and
(iv) Designed to be used as a dwelling, with or without a permanent
foundation, when connected to the required utilities.
2.04 Gross Monthly Charges means the gross charges received by a Mobile Home
Park Operator for rental, leasing, or use of any space, facility, or accommodation in a
Mobile Home Park, or for services provided by a Mobile Home Park; Gross Monthly
Charges specifically includes any and all sums paid to the Mobile Home Park Operator
by any tenant as a condition of occupying a space, facility, accommodation, or service,
regardless of how itemized, characterized, or titled.
2.05 Mobile Home Park Operator means a person, partnership, corporation or
other entity who or which owns, and as principal or through an agent, operates a Mobile
Home Park in Washington County Maryland.
2.06 Mobile Home Space means a lot or area of real property in a Mobile Home
Park on which an individual Mobile Home is situated.
DRAFT MOBILE HOME PARK TAX ORDINANCE FOR WASHINGTON COUNTY, MARYLAND
3. Calculation and Payment of Tax.
3.01 Tax imposed. Every person, corporation, or other entity operating and
conducting a Mobile Home Park in Washington County shall pay a monthly tax upon the
Gross Monthly Charges collected by the Mobile Home Park Operator for each Mobile
Home Space, computed at one of the following rates, whichever is less:
(a) Seven and one half percent (7.5%) of the Gross Monthly Charges
collected by the Mobile Home Park Operator.
(b) Twenty Five Dollars ($25.00) per month for each Mobile Home Space
which is leased by a Mobile Home Park Operator.
3.02 Report of Gross Monthly Charges. On or before the fifteenth (15th) day of each
month after the effective date of this ordinance, every Mobile Home Park Operator shall
file with the Treasurer of Washington County a report showing, for the preceding month:
(a) the number of Mobile Home spaces rented;
(b) the rent and other Gross Charges received for each space or received for
services provided by the Mobile Home Park;
(c) the total Gross Monthly Charges received; and
(d) the tax due, as calculated pursuant to Section 3.01 of this Ordinance.
3.03 Remittance of Tax. At the same time the report required by Section 3.02 of
this Ordinance is due, every Mobile Home Park Operator shall remit to the Treasurer of
Washington County the amount of tax due pursuant to Section 3.01 of this Ordinance.
3.04 Separate charge of Tenant prohibited. The tax imposed by this Ordinance is
upon the rental income received by the Mobile Home Park Operator, and is the sole
responsibility of the Mobile Home Park Operator. It shall be unlawful for the Mobile
Home Park Operator to separately charge said tax to any individual tenant..
4. Investigation and Audit of Tax
4.01 Investigation and Audit. In the event that any Mobile Park Operator fails to
collect and remit the tax imposed by this Ordinance, or fails to file a report as required
by Section 3.02, or if the Treasurer has reasonable cause to believe an erroneous statement
has been filed, the Treasurer or his designee may proceed to determine the amount due
to the County, and in connection therewith, shall make such investigations and take such
DRAFT MOBILE HOME PARK TAX ORDINANCE FOR WASHINGTON COUNTY, MARYLAND
testimony and other evidence as may be necessary; provided, however, that notice and
opportunity to be heard be given by the Treasurer to any person, partnership,
corporation, or other entity that may become liable for an amount determined by the
Treasurer.
4.02 Register of Tenants. Every Mobile Home Park Operator shall keep and
maintain on the premises of the Mobile Home Park a register showing the name, address,
Vehicle Identification Number, date of commencement of occupancy, and date of
termination of occupancy, and the amount of Gross Monthly Charges received, as to each
Mobile Home space. Said register shall be kept up to date and shall be available at all
reasonable times to inspection by the County Commissioners, the Treasurer, or their
authorized representatives. Said register shall be retained by the Mobile Home Park
Operator for at least five (5) years.
5. Penalties and Enforcement.
5.01 Penalty for Late Payment. Failure to pay to the Treasurer the taxes imposed
by this Ordinance when due shall be subject to a penalty of one percent (1%) per month.
5.02 Misdemeanor. Any Mobile Home Park Operator liable for the taxes imposed
by this Ordinance who or which:
(a) willfully fails to pay the taxes imposed by this Ordinance;
(b) willfully fails to file any report required by this Ordinance;
(c) willfully makes any false statement or misleading omission in any
report filed pursuant to this Ordinance; or
(d) willfully fails to maintain a register as required by this Ordinance
is guilty of a misdemeanor and upon conviction thereof, shall be fined not more than
$100.00 or imprisoned for not more than thirty (30) days or both for each offense; such
fine or imprisonment in the discretion of the Court.
5.03 Action to enforce. In the event the Mobile Home Park Tax is not paid as
required, the Office of the County Attorney or its designee may institute an action to
recover said tax. The Mobile Home Park Operator which fails so to pay shall be
responsible for the costs of such suit, including reasonable attorney’s fees.
5.04 Lien and enforcement same as County real property taxes. If not paid as required
DRAFT MOBILE HOME PARK TAX ORDINANCE FOR WASHINGTON COUNTY, MARYLAND
by this Ordinance, the Mobile Home Park Tax shall automatically constitute a lien against
the Mobile Home Park, i.e., the real estate upon which said park is operated, regardless of how
titled, and shall be levied, collected, and enforced in the same manner as are County real
property taxes, and shall have the same priority and bear the same interest and penalties
as County real property taxes for lien purposes.
6. Effective Date, Severability and Repeal of Prior Resolution.
6.01 Effective Date. This Ordinance shall take effect on __________________,
20____.
6.02 Repeal of prior Resolution. The Resolution of the Board of County
Commissioners dated July 2, 1963, entitled “A Resolution Levying A Tax On Automobile
Trailer Camps: Fixing The Amount And Providing For The Collection Thereof: And
Prescribing Penalties For Violation Of The Resolution,” is hereby repealed.
6.03 Severability. If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid for any reason in a court of competent
jurisdiction, the invalidity does not affect other provisions or any other application of this
Ordinance which can be given effect without the invalid provision or application, and for
this purpose the provisions of this Act are declared severable..
Open Session Item
SUBJECT: Ethics Ordinance Revisions
PRESENTATION DATE: February 25, 2020
PRESENTATION BY: B. Andrew Bright, Assistant County Attorney
RECOMMENDED ACTION: Establish consensus and provide staff with direction to
REPORT-IN-BRIEF:
DISCUSSION:
The County Attorney’s office has prepared t
FISCAL IMPACT:
CONCURRENCES:
ALTERNATIVES:
ATTACHMENTS:
N/A
N/A
N/A
Draft Revised Ethics Ordinance; Recommendations and Findings and
Required changes issued by State Ethics Commission.
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Recommendations and Findings of the the AD HOC Committee -11 / 11 / 19, 2:51 PM / 1
Recommendations and Findings of the the AD HOC Committee
The first meeting of the AD HOC Ethics Ordinance Review Committee occurred on July 8,
2019. The committee members include Julianna Albowicz, Carolyn Brooks, Ernie Crofoot, Don
Stevenson, Ralph France, and Michelle Horst. Also present were Kirk Downey, County
Attorney, Kendal McPeak, deputy county attorney, Wayne Keefer, County Commissioner and
representing the public, Kimberly Jacobson, legal secretary, and Kristi Hart, the County Clerk.
Mr. Downey provided an overview of the Washington County Commissioners expectations
of the committee. A copy of the Washington County Commissioners' minutes creating the AD
HOC committee and a copy of the ordinance were given to each committee member. The
committee understood it was to evaluate the Washington County Ethics Ordinance on an
impartial basis as to its current usefulness to Washington County and also the policies,
procedures and relationship of the Ethics Commission with the County Attorney's Office.
The current Washington County Ethics Ordinance was adopted and has been used by the
county since 1982. The ordnance was originally drafted by the State of Maryland Ethics
Commission, is designed for use by small and medium sized Maryland jurisdictions, and has
been periodically updated at the request and direction of the the State of Maryland Ethics
Commission. The ad hoc committee met six times and a public hearing was held by the
committee on September 10, 2019. No member of the public appeared at the public hearing, but
Commissioner Meinelschmidt was present and spoke briefly regarding a manner in which
members could be appointed to the commission.
In summary, after a review of the ordinance and discussion with members of the Ethics
Commission, the ad hoc committee is believes that the ordinance is well suited for use by
Washington County and should be retained as well as the relationship with the County
Attorney's Office. The reasons are as follows:
First, the ad hoc committee, at the inception of this request, was advised that there were
obvious problems with the ordinance which should be addressed. However, when the
committee attempted to determine the nature of the problems, not one person came forward.
We could not determine any problems with the ordinance. Individuals made suggestions for
expanding the ordinance such as adding definitions to the ordinance and adding that certain
relationships must be disclosed which would create a per se violation of the ordinance if not,
Recommendations and Findings of the the AD HOC Committee -11 / 11 / 19, 2:51 PM / 2
but, generally the ordinance is fine as it stands.
Secondly, members of the Ethics Commission indicated that in a recent case they wrestled
with the terms "Prestige of office" and "private gain of another" There was a suggestion that
those terms be defined, but we do not believe those terms necessarily need to be defined.
Indeed, the commission members indicated they were able to interpret those terms as they are
customarily understood in the community and reach a decision without difficulty. Neither were
these terms ever defined by the State Ethics Ordinance.
Likewise, adding a section establishing relationships which would require disclosure or be a
violation would not add to the ordinance and possibly expose totally innocent third parties to
unnecessary liability. As you read the current Ethics Ordinance from beginning to end you will
readily see that it is a well written and a comprehensive ordinance.
Third, the ordinance was originally presented to Washington County around 1982 by the
State of Maryland and was adopted by the county as presented. It has periodically been
updated at the direction of the State Ethics Commission, and the ordinance has withstood the
test of time.
You could always change by amendment sections of the ordinance, but that would most
likely require the changing of other sections to keep everything in a coherent format, and those
changes would probably require additional changes. If the county wishes to make major
changes, it probably would be best to just scrap the ordinance and start over, but that is beyond
the scope of our duties.
A county commissioner made the suggestion that the Board of County Commissioners
relinquish its right to appoint individuals to the Washington County Ethics Commission and
turn that duty and responsibility over to various organizations (maybe five ?) in Washington
County which would perform the appointment function.
The ad hoc committee believes its charge is to review the current ethics ordinance and the
policies, procedures, and relationship between the Commission and the County Attorneys
Office. It is not to review possible future political initiatives or amendments brought before the
County Commissioners. This request regarding the manner of appointment of the Ethics
Committee members is a political consideration within the realm of the Board of County
Commissioners. We therefore do not address that proposal.
In addition to the above, we would like to address the requirements proposed from the State
of Maryland Ethics Commission which should be added to our current ordinance:
1. Conflict of interest section relating to local governments
Recommendations and Findings of the the AD HOC Committee -11 / 11 / 19, 2:51 PM / 3
The first required change would be added to pages 5 and 7 of the ordinance and extends the
time limit to one year for prohibition of lobbying after leaving local government.
2. Home addresses
The second recommended change removes the home addresses from copies of the
disclosure statement of emplovees-and could be placed on page 10 of the ordinance.
3.d Lobbying provisions
The two required provisions for lobbying could be placed on page 17 of the Ethics
Ordinance. They prohibit a lobbyist from working for the county on something he/she worked
on as an employee for one year. It also requires new employees to disclose the employer of the
spouse if the spouse is a registered lobbyist.
4. Prestige of office provision
These three provisions are not mandatory but are recommended It adds three situations
which constitute violation of the prestige of office provision and could be included on page 17
of the ordinance. The recommended amendments by the State Ethics Commission do not
conflict with our earlier recommendation declining to specifically define this term.
A. Influencing the award of a local contract to a specific person
B. Initiating a solicitation for a person to retain the compensated services for a particular
lobbyist or firm.
C. Using public resources or title to solicit a political contribution regulated in
accordance with the Election Law of the Maryland Code.
5. Changes to Schedule F of the disclosures form and internet access
We do not believe this relevant to county governments. However, counties have the right to
mandate disclosures be placed on the web.
6. Disclosure requirements for lobbyists
Codifies the requirement that certain lobbyists who are disqualified for any reason from
participating in a specific matter file a statement of recusal. This would be added to pages 17 or
18.
We believe the suggested amendments required by the State Ethics Commission be drafted
by the County Attorney and presented to the State Ethics Commission for its approval and then
be adopted by the County Commissioners.
Recommendations and Findings of the the AD I IOC Committee - 11 / 11 /,19, 2:51 PM / 4
In closing........
In closing, everyone on the committee was fully cognizant that the term "ethics" encompasses
and can be defined in a far broader sense than the subject matter the county can include by law
in its local ethics ordinance. The Washington County Ethics Ordinance regulates conflicts of
interest, and requires yearly statements of possible disclosures of possible conflicts. It is a solid
ordinance, originally prepared by the State of Maryland Ethics Commission and has been in
effect in one form or another in Washington County for about 35 to 40 years. We believe it
achieves a balance of requiring sufficient disclosures without being unduly burdensome on the
personnel it regulates and that it clearly establishes an ethical framework for county
government,
In closing, I would like to thank...........
Changes that must be adopted for local government compliance with the requirements of
Subtitle 8 of the Public Ethics Law or COMAR 19A.04.:
1. 5-504(d)(2). Precludes Governor, Lieutenant Governor, AG, Comptroller, Treasurer or a
Member of the General Assembly from lobbying (legislative matters) for one calendar
year after leaving office. Needs to be added to the conflict of interest section covering
local elected officials.
2. 5-606(a)(3). Effective January 1, 2019, Commission may not provide public access to
the portion of a financial disclosure statement that includes an individual’s home address
as identified by the individual (i.e. the Commission must redact the information before
making it publicly available). Applies to all statements, whether posted on the Internet or
viewable only in the Office. Home addresses should be redacted from public disclosure.
Local employees and elected officials don’t have to worry about the public being able to
see their home address on their filings submitted after January 1, 2019.
Changes that must be adopted for local government compliance with the requirements of
Subtitle 8 of the Public Ethics Law or COMAR 19A.04. for those local governments with
lobbying provisions:
1. 5-501(a-1). Adds new subsection prohibiting former lobbyists who become a public
official or State employee (i.e. take job with the State) from participating in a case,
contract or other specific matter for 1 calendar year after terminating their registrations if
they previously assisted or represented another party in the matter (a “reverse” post-
employment restriction for lobbyists). Does not apply to uncompensated or minimally
compensated (less than 25% of grade 16) board/commission members or elected officials.
ONLY FOR JURISDICTIONS WITH LOBBYING PROVISIONS. Needs to be added the
conflict of interest provisions to cover employees compensated over a certain amount.
2. 5-607(i). Adds another category to Schedule H – for a statement filed on or after January
1, 2019, if the filer’s spouse is a regulated lobbyist, must disclose the entity that has
engaged the spouse to lobby. ONLY FOR JURISDICTIONS WITH LOBBYING
PROVISIONS. Requires spouses of lobbyists to disclose the entities that engage the
lobbyist spouse on their annual disclosure filings.
Changes that may be adopted if the local government chooses:
1. 5-101(t). Removes “exchange-traded funds” from the definition of “interest”. An ETF is
a diversified collection of assets (like a mutual fund) that trades on an exchange (like a
stock). Now, as is the case with mutual funds, financial disclosure filers will no longer
have to disclose interests they hold in ETFs.
2. 5-506. Adds three specific circumstances that constitute violation of the prestige of office
provision (influencing the award of a State or local contract to a specific person; initiating
a solicitation for a person to retain the compensated services of a particular lobbyist or
firm; using public resources or title to solicit a political contribution regulated in
accordance with the Election Law Article). In the last situation, employees and public
officials may not use title or public resources, State officials may not use public
resources. The State Ethics Commission has already interpreted these kinds of actions to
be in violation of the prestige of office provision. Local governments are able to include
these specific circumstances in their law if they would like or any other for clarifying
purposes.
3. 5-607(g). Changes the Schedule F disclosure (indebtedness to entities doing business
with the State) to indebtedness to entities doing business with or regulated by the
individual’s governmental unit. Instead of disclosing all indebtedness to entities doing
business with the local government, only debts with entities doing business with the
specific governmental unit must be disclosed by filers.
4. 5-606(a)(2). Effective January 1, 2019, Ethics Commission must provide Internet access,
through an online registration program, to financial disclosure statements submitted by
State officials, candidates for office as State officials, and Secretaries of a principal
department of the Executive Branch. Local governments can now decide to put the local
disclosure forms online for public viewing.
5. 5-704. Codifies disclosure requirements for lobbyists who serve on State boards and
commissions. Also codifies a requirement for such a lobbyist who is disqualified from
participating in a specific matter to file a statement of recusal with the board or
commission. ONLY FOR JURISDICTIONS WITH LOBBYING PROVISIONS. Requires
lobbyists who serve on local boards to submit disclosure forms that mirror the forms for
local elected officials.
WASHINGTON COUNTY, MARYLAND
ETHICS ORDINANCE
Adopted and Effective: September 27, 2011_________________
Table of Contents
Section 1. Short title. ............................................................................................ 1
Section 2. Applicability. ....................................................................................... 1
Section 3. Ethics Commission. ............................................................................ 1
Section 4. Conflicts of interest. ........................................................................... 2
Section 5. Financial disclosure ‐local elected officials and candidates
to be local elected officials. ............................................................... 8
Section 6. Financial disclosure ‐employees and appointed officials. ...... 1716
Section 7. Lobbying. ....................................................................................... 1817
Section 8. Exemptions and modifications. .................................................. 2118
Section 9. Enforcement. ................................................................................. 2219
1
Section 1. Short title.
This Ordinance may be cited as the Washington County, Maryland Ethics
Ordinance.
Section 2. Applicability.
The provisions of this ordinance apply to all Washington County elected
officials, employees, and appointees to boards and commissions of
Washington County.
Section 3. Ethics Commission.
(a) There is a Washington County Ethics Commission that consists of 5
members appointed by the Board of County Commissioners.
(b) The Commission shall:
(1) Devise, receive, and maintain all forms required by this
ordinance;
(2) Develop procedures and policies for advisory opinion requests
and provide published advisory opinions to persons subject to
this ordinance regarding the applicability of the provisions of
this ordinance to them;
(3) Develop procedures and policies for the processing of
complaints to make appropriate determinations regarding
complaints filed by any person alleging violations of this
ordinance; and
(4) Conduct a public information program regarding the purposes
and application of this ordinance.
(c) The County Attorney shall advise the Commission.
(d) The Commission shall certify to the State Ethics Commission on or
before October 1 of each year that the County is in compliance with the
requirements of State Government Article, Title 15, Subtitle 8,
Annotated Code of Maryland, for elected local officials.
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(e) The Commission shall determine if changes to this ordinance are
required to be in compliance with the requirements of State
Government Article, Title 15, Subtitle 8, Annotated Code of Maryland,
and shall forward any recommended changes and amendments to the
Board of County Commissioners for enactment.
(f) The Commission may adopt other policies and procedures to assist in
the implementation of the Commissionʹs programs established in this
ordinance.
Section 4. Conflicts of interest.
(a) In this section, “qualified relative” means a spouse, parent, child, or
sibling.
(b) All County elected officials, officials appointed to County boards and
commissions subject to this ordinance, and employees are subject to
this section.
(c) Participation prohibitions. Except as permitted by Commission
regulation or opinion, an official or employee may not participate in:
(1) Except in the exercise of an administrative or ministerial duty
that does not affect the disposition or decision of the matter, any
matter in which, to the knowledge of the official or employee,
the official or employee, or a qualified relative of the official or
employee has an interest.
(2) Except in the exercise of an administrative or ministerial duty
that does not affect the disposition or decision with respect to
the matter, any matter in which any of the following is a party:
(i) A business entity in which the official or employee has a
direct financial interest of which the official or employee
may reasonably be expected to know;
(ii) A business entity for which the official, employee, or a
qualified relative of the official or employee is an officer,
director, trustee, partner, or employee;
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(iii) A business entity with which the official or employee or,
to the knowledge of the official or employee, a qualified
relative is negotiating employment or has any
arrangement concerning prospective employment;
(iv) If the contract reasonably could be expected to result in a
conflict between the private interests of the official or
employee and the official duties of the official or
employee, a business entity that is a party to an existing
contract with the official or employee, or which, to the
knowledge of the official or employee, is a party to a
contract with a qualified relative;
(v) An entity, doing business with the County, in which a
direct financial interest is owned by another entity in
which the official or employee has a direct financial
interest, if the official or employee may be reasonably
expected to know of both direct financial interests; or
(vi) A business entity that:
(A) The official or employee knows is a creditor or obligee
of the official or employee or a qualified relative of
the official or employee with respect to a thing of
economic value; and
(B) As a creditor or obligee, is in a position to directly and
substantially affect the interest of the official or
employee or a qualified relative of the official or
employee.
(3) A person who is disqualified from participating under
paragraphs (1) or (2) of this subsection shall disclose the nature
and circumstances of the conflict and may participate or act if:
(i) The disqualification leaves a body with less than a
quorum capable of acting;
(ii) The disqualified official or employee is required by law
to act; or
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(iii) The disqualified official or employee is the only person
authorized to act.
(4) The prohibitions of paragraph 1 and 2 of this subsection do not
apply if participation is allowed by regulation or opinion of the
Commission.
(d) Employment and financial interest restrictions.
(1) Except as permitted by regulation of the Commission when the
interest is disclosed or when the employment does not create a
conflict of interest or appearance of conflict, an official or
employee may not:
(i) Be employed by or have a financial interest in any entity:
(A) Subject to the authority of the official or employee or
the County agency, board, commission with which
the official or employee is affiliated; or
(B) That is negotiating or has entered a contract with the
agency, board, or commission with which the official
or employee is affiliated; or
(ii) Hold any other employment relationship that would
impair the impartiality or independence of judgment of
the official or employee.
(2) This prohibition does not apply to:
(i) An official or employee who is appointed to a regulatory
or licensing authority pursuant to a statutory
requirement that persons subject to the jurisdiction of the
authority be represented in appointments to the
authority;
(ii) Subject to other provisions of law, a member of a board
or commission in regard to a financial interest or
employment held at the time of appointment, provided
the financial interest or employment is publicly disclosed
to the appointing authority and the Commission;
(iii) An official or employee whose duties are ministerial, if
the private employment or financial interest does not
5
create a conflict of interest or the appearance of a conflict
of interest, as permitted by and in accordance with
regulations adopted by the Commission; or
(iv) Employment or financial interests allowed by regulation
of the Commission if the employment does not create a
conflict of interest or the appearance of a conflict of
interest or the financial interest is disclosed.
(e) Post‐employment limitations and restrictions.
(1) A former official or employee may not assist or represent any
party other than the County for compensation in a case,
contract, or other specific matter involving the County if that
matter is one in which the former official or employee
significantly participated as an official or employee.
(2) Until the conclusion of the next regular session that begins after
the elected official leavesFor one calendar year after the date of
leaving office, a former member of the Board of County
Commissioners may not assist or represent another party for
compensation in a matter that is the subject of legislative action.
(f) Contingent compensation. Except in a judicial or quasi‐judicial
proceeding, an official or employee may not assist or represent a party
for contingent compensation in any matter before or involving the
County.
(g) Use of prestige of office.
(1) An official or employee may not intentionally use the prestige of
office or public position:
(i) for that officialʹs or employeeʹs private gain or that of
another; or
(ii) to influence, except as part of the official duties of the official
or employee or as a usual and customary constituent service
without additional compensation, the award of a State or local
contract to a specific person.
6
(2) An official may not directly or indirectly initiate a solicitation for
a person to retain the compensated services of a particular
regulated lobbyist or lobbying firm.
(3) An official or employee may not use public resources or the title
of the public official or employee to solicit a political
contribution that is regulated in accordance with the Election
Law Article.
(1) An official or employee may not intentionally use the prestige of
office or public position for the private gain of that official or
employee or the private gain of another.
(2) This subsection does not prohibit the performance of usual and
customary constituent services by an elected local official
without additional compensation.
(h) Solicitation and acceptance of gifts.
(1) An official or employee may not solicit any gift.
(2) An official or employee may not directly solicit or facilitate the
solicitation of a gift, on behalf of another person, from an
individual regulated lobbyist.
(3) An official or employee may not knowingly accept a gift,
directly or indirectly, from a person that the official or employee
knows or has the reason to know:
(i) Is doing business with or seeking to do business with the
County office, agency, board, or commission with which
the official or employee is affiliated;
(ii) Has financial interests that may be substantially and
materially affected, in a manner distinguishable from the
public generally, by the performance or nonperformance
of the official duties of the official or employee;
(iii) Is engaged in an activity regulated or controlled by the
officialʹs or employeeʹs governmental unit; or
7
(iv) Is a lobbyist with respect to matters within the
jurisdiction of the official or employee.
(4) Paragraph (5) of this subsection does not apply to a gift:
(i) That would tend to impair the impartiality and the
independence of judgment of the official or employee
receiving the gift;
(ii) Of significant value that would give the appearance of
impairing the impartiality and independence of
judgment of the official or employee; or
(iii) Of significant value that the recipient official or employee
believes or has reason to believe is designed to impair the
impartiality and independence of judgment of the official
or employee.
(5) Notwithstanding paragraph (3) of this subsection, an official or
employee may accept the following:
(i) Meals and beverages consumed in the presence of the
donor or sponsoring entity;
(ii) Ceremonial gifts or awards that have insignificant
monetary value;
(iii) Unsolicited gifts of nominal value that do not exceed $20
in cost or trivial items of informational value;
(iv) Reasonable expenses for food, travel, lodging, and
scheduled entertainment of the official or the employee at
a meeting which is given in return for the participation of
the official or employee in a panel or speaking
engagement at the meeting;
(v) Gifts of tickets or free admission extended to an elected
local official to attend a charitable, cultural, or political
event, if the purpose of this gift or admission is a
courtesy or ceremony extended to the elected officialʹs
office;
(vi) A specific gift or class of gifts that the Commission
exempts from the operation of this subsection upon a
8
finding, in writing, that acceptance of the gift or class of
gifts would not be detrimental to the impartial conduct of
the business of the County and that the gift is purely
personal and private in nature;
(vii) Gifts from a person related to the official or employee by
blood or marriage, or any other individual who is a
member of the household of the official or employee; or
(viii) Honoraria for speaking to or participating in a meeting,
provided that the offering of the honorarium is in not
related in any way to the officialʹs or employeeʹs official
position.
(i) Disclosure of confidential information. Other than in the discharge of
official duties, an official or employee may not disclose or use
confidential information, that the official or employee acquired by
reason of the officialʹs or employeeʹs public position and that is not
available to the public, for the economic benefit of the official or
employee or that of another person.
(j) Participation in procurement.
(1) An individual or a person that employs an individual who
assists a County agency in the drafting of specifications, an
invitation for bids, or a request for proposals for a procurement
may not submit a bid or proposal for that procurement or assist
or represent another person, directly or indirectly, who is
submitting a bid or proposal for the procurement.
(2) The Commission may establish exemptions from the
requirements of this section for providing descriptive literature,
sole source procurements, and written comments solicited by
the procuring agency.
Section 5. Financial disclosure ‐local elected officials and candidates to
be local elected officials.
(a)(1) This section applies to all local elected officials and candidates to be
local elected officials.
9
(2) Except as provided in subsection (b) of this section, a local
elected official or a candidate to be a local elected official shall
file the financial disclosure statement required under this
section:
(i) On a form provided by the Commission;
(ii) Under oath or affirmation; and
(iii) With the Commission.
(3) Deadlines for filing statements.
(i) An incumbent local elected official shall file a financial
disclosure statement annually no later than April 30 of
each year for the preceding calendar year.
(ii) An individual who is appointed to fill a vacancy in an
office for which a financial disclosure statement is
required and who has not already filed a financial
disclosure statement shall file a statement for the
preceding calendar year within 30 days after
appointment.
(iii) (A) An individual who, other than by reason of death,
leaves an office for which a statement is required shall
file a statement within 60 days after leaving the office.
(B) The statement shall cover:
1. The calendar year immediately preceding the year
in which the individual left office, unless a
statement covering that year has already been filed
by the individual; and
2. The portion of the current calendar year during
which the individual held the office.
(b) Candidates to be local elected officials.
(1) Except for an official who has filed a financial disclosure
statement under another provision of this section for the
reporting period, a candidate to be an elected local official shall
file under a financial disclosure statement each year beginning
10
with the year in which the certificate of candidacy is filed
through the year of the election.
(2) A candidate to be an elected local official shall file a statement
required under this section:
(i) In the year the certificate of candidacy is filed, no later
than the filing of the certificate of candidacy;
(ii) In the year of the election, on or before the earlier of April
30 or the last day for the withdrawal of candidacy; and
(iii) In all other years for which a statement is required, on or
before April 30.
(3) A candidate to be an elected official:
(i) May file the statement required under § 5(b)(2)(i) of this
ordinance with the County Clerk or Board of Elections
with the certificate of candidacy or with the Commission
prior to filing the certificate of candidacy; and
(ii) Shall file the statements required under § 5(b)(2)(ii) and
(iii) with the Commission.
(4) If a candidate fails to file a statement required by this section
after written notice is provided by the County Clerk or Board of
Elections at least 20 days before the last day for the withdrawal
of candidacy, the candidate is deemed to have withdrawn the
candidacy.
(5) The County Clerk or Board of Election may not accept any
certificate of candidacy unless a statement has been filed in
proper form.
(6) Within 30 days of the receipt of a statement required under this
section, the County Clerk or Board of Elections shall forward
the statement to the Commission or the office designated by the
Commission.
(c) Public record.
(1) The Commission or office designated by the Commission shall
maintain all financial disclosure statements filed under this
section.
11
(2) Financial disclosure statements shall be made available during
normal office hours for examination and copying by the public
subject to reasonable fees and administrative procedures
established by the Commission.. Provided however, that the
Commission may not provide any public access to a portion of a
statement that includes an individualʹs home address that the
individual has identified as the individualʹs home address.
(3) If an individual examines or copies a financial disclosure
statement, the Commission or the office designated by the
Commission shall record:
(i) The name and home address of the individual reviewing
or copying the statement; and
(ii) The name of the person whose financial disclosure
statement was examined or copied.
(4) Upon request by the official or employee whose financial
disclosure statement was examined or copied, the Commission
or the office designated by the Commission shall provide the
official with a copy of the name and home address of the person
who reviewed the officialʹs financial disclosure statement.
(d) Retention requirements. The Commission or the office designated by
the Commission shall retain financial disclosure statements for four
years from the date of receipt.
(e) Contents of statement.
(1) Interests in real property.
(i) A statement filed under this section shall include a
schedule of all interests in real property wherever
located.
(ii) For each interest in real property, the schedule shall
include:
(A) The nature of the property and the location by street
address, mailing address, or legal description of the
property;
12
(B) The nature and extent of the interest held, including
any conditions and encumbrances on the interest;
(C) The date when, the manner in which, and the identity
of the person from whom the interest was acquired;
(D) The nature and amount of the consideration given in
exchange for the interest or, if acquired other than by
purchase, the fair market value of the interest at the
time acquired;
(E) If any interest was transferred, in whole or in part, at
any time during the reporting period, a description of
the interest transferred, the nature and amount of the
consideration received for the interest, and the
identity of the person to whom the interest was
transferred; and
(F) The identity of any other person with an interest in
the property.
(2) Interests in corporations and partnerships.
(i) A statement filed under this section shall include a
schedule of all interests in any corporation, partnership,
limited liability partnership, or limited liability
corporation, regardless of whether the corporation or
partnership does business with the County. Provided
however, that for purposes of this subsection, “interest”
shall not include a mutual fund or exchange‐traded fund
that is publicly traded on a national scale unless the
mutual fund or exchange‐traded fund is composed
primarily of holdings of stocks and interests in a specific
sector or area that is regulated by Washington County
government.
(ii) For each interest reported under this paragraph, the
schedule shall include:
(A) The name and address of the principal office of the
corporation, partnership, limited liability partnership,
or limited liability corporation;
13
(B) The nature and amount of the interest held, including
any conditions and encumbrances on the interest;
(C) With respect to any interest transferred, in whole or in
part, at any time during the reporting period, a
description of the interest transferred, the nature and
amount of the consideration received for the interest,
and, if known, the identity of the person to whom the
interest was transferred; and
(D) With respect to any interest acquired during the
reporting period:
1. The date when, the manner in which, and the
identity of the person from whom the interest was
acquired; and
2. The nature and the amount of the consideration
given in exchange for the interest or, if acquired
other than by purchase, the fair market value of
the interest at the time acquired.
(iii) An individual may satisfy the requirement to report the
amount of the interest held under item (B)(2) of this
paragraph by reporting, instead of a dollar amount:
(A) For an equity interest in a corporation, the number of
shares held and, unless the corporationʹs stock is
publicly traded, the percentage of equity interest held;
or
(B) For an equity interest in a partnership, the percentage
of equity interest held.
(3) Interests in business entities doing business with County.
(i) A statement filed under this section shall include a
schedule of all interests in any business entity that does
business with the County, other than interests reported
under paragraph (2) of this subsection.
(ii) For each interest reported under this paragraph, the
schedule shall include:
14
(A) The name and address of the principal office of the
business entity;
(B) The nature and amount of the interest held, including
any conditions to and encumbrances in the interest;
(C) With respect to any interest transferred, in whole or in
part, at any time during the reporting period, a
description of the interest transferred, the nature and
amount of the consideration received in exchange for
the interest, and, if known, the identity of the person
to whom the interest was transferred; and
(D) With respect to any interest acquired during the
reporting period:
1. The date when, the manner in which, and the
identity of the person from whom the interest was
acquired; and
2. The nature and the amount of the consideration
given in exchange for the interest or, if acquired
other than by purchase, the fair market value of
the interest at the time acquired.
(4) Gifts.
(i) A statement filed under this section shall include a
schedule of each gift in excess of $20 in value or a series
of gifts totaling $100 or more received during the
reporting period from or on behalf of, directly or
indirectly, any one person who does business with or is
regulated by the County.
(ii) For each gift reported, the schedule shall include:
(A) A description of the nature and value of the gift; and
(B) The identity of the person from whom, or on behalf of
whom, directly or indirectly, the gift was received.
(5) Employment with or interests in entities doing business with
County.
15
(i) A statement filed under this section shall include a
schedule of all offices, directorships, and salaried
employment by the individual or member of the
immediate family of the individual held at any time
during the reporting period with entities doing business
with the County.
(ii) For each position reported under this paragraph, the
schedule shall include:
(A) The name and address of the principal office of the
business entity;
(B) The title and nature of the office, directorship, or
salaried employment held and the date it
commenced; and
(C) The name of each County agency with which the
entity is involved.
(6) Indebtedness to entities doing business with the County.
(i) A statement filed under this section shall include a
schedule of all liabilities, excluding retail credit accounts,
to persons doing business with the County owed at any
time during the reporting period:
(A) By the individual; or
(B) By a member of the immediate family of the
individual if the individual was involved in the
transaction giving rise to the liability.
(ii) For each liability reported under this paragraph, the
schedule shall include:
(A) The identity of the person to whom the liability was
owed and the date the liability was incurred;
(B) The amount of the liability owed as of the end of the
reporting period;
(C) The terms of payment of the liability and the extent to
which the principal amount of the liability was
increased or reduced during the year; and
16
(D) The security given, if any, for the liability.
(7) A statement filed under this section shall include a schedule of
the immediate family members of the individual employed by
the County in any capacity at any time during the reporting
period.
(8) Sources of earned income.
(i) A statement filed under this section shall include a
schedule of the name and address of each place of
employment and of each business entity of which the
individual or a member of the individualʹs immediate
family was a sole or partial owner and from which the
individual or member of the individualʹs immediate
family received earned income, at any time during the
reporting period.
(ii) A minor childʹs employment or business ownership need
not be disclosed if the agency that employs the
individual does not regulate, exercise authority over, or
contract with the place of employment or business entity
of the minor child.
(9) Whether the individualʹs spouse is a regulated lobbyist, and if
so, the name and address of each entity that has engaged the
spouse for lobbying purposes
(910) A statement filed under this section may also include a
schedule of additional interests or information that the
individual making the statement wishes to disclose.
(f) For the purposes of § 5(e)(1), (2), and (3) of this ordinance, the
following interests are considered to be the interests of the individual
making the statement:
(1) An interest held by a member of the individualʹs immediate
family, if the interest was, at any time during the reporting
period, directly or indirectly controlled by the individual.
17
(2) An interest held by a business entity in which the individual
held a 30% or greater interest at any time during the reporting
period.
(3) An interest held by a trust or an estate in which, at any time
during the reporting period:
(i) The individual held a reversionary interest or was a
beneficiary; or
(ii) If a revocable trust, the individual was a settlor.
(g)(1) The Commission shall review the financial disclosure statements
submitted under this section for compliance with the provisions of this
section and shall notify an individual submitting the statement of any
omissions or deficiencies.
(2) The County Ethics Commission may take appropriate
enforcement action to ensure compliance with this section.
Section 6. Financial disclosure ‐employees and appointed officials.
(a) This section only applies to the following appointed officials and
employees:
(1) County Administrator;
(2) County Clerk;
(3) Director of Budget and Finance;
(4) County Attorney;
(5) All division directors and departmental heads;
(6) Members of all boards, commissions, and committees appointed
by the Board of County Commissioners; and
(7) Members of all boards, commissions, and committees appointed
by the Governor of the State of Maryland where such boards,
commissions, and committees are declared by the State Ethics
Commission not to be executive agencies of the state
government.
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(b) A statement filed under this section shall be filed with the Commission
under oath or affirmation.
(c) On or before April 30 of each year during which an official or
employee holds office, an official or employee shall file a statement
disclosing gifts received during the preceding calendar year from any
person that contracts with or is regulated by County, including the
name of the donor of the gift and the approximate retail value at the
time or receipt.
(d) An official or employee shall disclose employment and interests that
raise conflicts of interest or potential conflicts of interest in connection
with a specific proposed action by the employee or official sufficiently
in advance of the action to provide adequate disclosure to the public.
(e) The Commission shall maintain all disclosure statements filed under
this section as public records available for public inspection and
copying as provided in § 5(c) and (d) of this ordinance.
Section 7. Lobbying.
(a) A person shall file a lobbying registration statement with the
Commission if the person:
(1) Personally appears before a County official or employee with
the intent to influence that person in performance of the official
duties of the official or employee; and
(2) In connection with the intent to influence, expends or
reasonably expects to expend in a given calendar year in excess
of $100 on food, entertainment, or other gifts for officials or
employees of County.
(b) A person shall file a registration statement required under this section
on or before the later of January 15 of the calendar year or within 5
days after first performing an act that requires registration in the
calendar year.
(c)(1) The registration statement shall identify:
(i) The registrant;
19
(ii) Any other person on whose behalf the registrant acts;
and
(iii) The subject matter on which the registrant proposes to
make appearances specified in subsection (a) of this
section.
(2) The registration statement shall cover a defined registration
period not to exceed one calendar year.
(d) Within 30 days after the end of any calendar year during which a
person was registered under this section, the person shall file a report
with the Commission disclosing:
(1) The value, date, and nature of any food, entertainment, or other
gift provided to a County official or employee; and
(2) If a gift or series of gifts to a single official or employee exceeds
$25 in value, the identity of the official or employee.
(e) The Commission shall maintain the registrations and reports filed
under this section as public records available for public inspection and
copying for four years after receipt by the Commission.
(f) A former regulated lobbyist who is or becomes subject to regulation
under this Ordinance as a public official or employee may not
participate in a case, contract, or other specific matter as a public
official or employee for one calendar year after the termination of the
registration of the former regulated lobbyist if the former regulated
lobbyist previously assisted or represented another party for
compensation in the matter. Provided however, that this subsection
does not apply to an individual who is a public official only as a
member of a board and who receives no compensation or annual
compensation that is less than 25% of the lowest annual compensation
of Maryland State employees at grade level 16.
(g) In the event a regulated lobbyist is appointed to serve on a board or
commission, or in the event that a board or commission member
becomes subject to the lobbying regulations, the regulated lobbyist
shall, within five (5) calendar days of the dual status, file a report
20
under penalty of perjury with the Commission, with a copy sent to the
appointing authority, providing the following information:
(1) For any current representation of a person for compensation before
County government, except in a judicial or quasi‐judicial proceeding:
i. The name of the regulated lobbyist;
ii. The person or entity represented for compensation;
iii. The name of the State agency;
iv. The services performed; and
v. The monetary consideration;
(2) For any current representation of a State agency for compensation,
any contractual relationship with State government, or any transaction
with State government for monetary consideration:
i. The name of the regulated lobbyist;
ii. The name of the agency or governmental unit with which the
regulated lobbyist has a financial relationship; and
iii. The services performed or details of any contractual relationship
or the transaction entered into;
(3) For any current interest held by the regulated lobbyist, the
regulated lobbyistʹs spouse or dependent children, together or
separately having either 10 percent or more of the capital stock, or
stock worth $35,000 or more, in a corporation subject to regulation by
or doing business with the County, or any interest in a partnership,
limited liability partnership, or limited liability company subject to
regulation by or doing business with the County:
i. The name of the regulated lobbyist;
ii. The name of the immediate family member and relationship for
any interest held together or separately;
iii. The name of the corporation, partnership, limited liability
partnership, or limited liability company; and
iv. The nature of the interest held;
21
(4) The primary employer of the spouse of the regulated lobbyist; and
(5) The name of any business entity from which the regulated lobbyist
or the spouse of the regulated lobbyist receives earned income as a
result of an ownership interest in the business.
(h) The regulated lobbyist shall update the information required by
subsection (g) of this regulation as required to reflect the regulated
lobbyistʹs current registrations throughout each reporting period.
(i) Whenever an issue arises within the board or commission related to the
information disclosed in accordance with subsection (g) of this Section,
the regulated lobbyist member shall submit a statement of recusal
from discussion of, voting on, or any other action required by the
circumstances concerning the issue:
(1) On a form provided by the Commission;
(2) To the board or commission for inclusion in the minutes of the
meeting;
(3) Under oath or affirmation;
(4) Which includes:
i. The name of the regulated lobbyist;
ii. The subject area of the conflict; and
iii. The reason for the recusal.
Section 8. Exemptions and modifications.
The Commission may grant exemptions and modifications to the
provisions of Sections 4 and 6 of this ordinance to employees and to
appointed members of County Boards and Commissions, when the
Commission finds that an exemption or modification would not be
contrary to the purposes of this ordinance, and the application of this
ordinance would:
(a) Constitute an unreasonable invasion of privacy; and
22
(b) Significantly reduce the availability of qualified persons for public
service.
Section 9. Enforcement.
(a) The Commission may:
(1) Assess a late fee of $2 per day up to a maximum of $250 for a
failure to timely file a financial disclosure statement required
under §§ 5 or 6 of this ordinance;
(2) Assess a late fee of $10 per day up to a maximum of $250 for a
failure to file a timely lobbyist registration or lobbyist report
required under § 7 of this ordinance; and
(3) Issue a cease and desist order against any person found to be in
violation of this ordinance.
(b)(1) Upon a finding of a violation of any provision of this ordinance, the
Commission may:
(i) Issue an order of compliance directing the respondent to
cease and desist from the violation;
(ii) Issue a reprimand; or
(iii) Recommend to the appropriate authority other
appropriate discipline of the respondent, including
censure or removal if that discipline is authorized by law.
(2) If the Commission finds that a respondent has violated § 7 of
this ordinance, the Commission may:
(i) Require a respondent who is a registered lobbyist to file
any additional reports or information that reasonably
related to the information that is required under § 7 of
this ordinance;
(ii) Impose a fine not exceeding $5,000 for each violation;
and
(iii) Suspend the registration of an individual registered
lobbyist if the Commission finds that the lobbyist has
knowingly and willfully violated § 7 of this ordinance or
23
has been convicted of a criminal offense arising from
lobbying activities.
(c)(1) Upon request of by the Commission, the County Attorney may file
a petition for injunctive or other relief in the Circuit Court of
Washington County, or in any other court having proper venue for the
purpose of requiring compliance with the provisions of this ordinance.
(2)(i) The court may:
(A) Issue an order to cease and desist from the violation;
(B) Except as provided in subparagraph (ii) of this
paragraph, void an official action taken by an official
or employee with a conflict of interest prohibited by
this ordinance when the action arises from or
concerns the subject matter of the conflict and if the
legal action is brought within 90 days of the
occurrence of the official action, if the court deems
voiding the action to be in the best interest of the
public; or
(C) Impose a fine of up to $5,000 for any willful violation
of the provisions of this ordinance, with each day
upon which the violation occurs constituting a
separate offense.
(ii) A court may not void any official action appropriating
public funds, levying taxes, or providing for the issuance
of bonds, notes, or other evidences of public obligations.
(d) In addition to any other enforcement provisions in this ordinance, a
person who the Commission or a court finds has violated this
ordinance:
(1) Is subject to termination or other disciplinary action; and
(2) May be suspended from receiving payment of salary or other
compensation pending full compliance with the terms of an
order of the Commission or a court.
(e) A County official or employee found to have violated this ordinance is
subject to disciplinary or other appropriate personnel action, including
24
removal from office, disciplinary action, suspension of salary, or other
sanction.
(f) Violation of § 7 of this ordinance shall be a misdemeanor subject to a
fine of up to $10,000 or imprisonment of up to one year.
(g) A finding of a violation of this ordinance by the Commission is public
information.
Open Session Item
SUBJECT: Agreement between City of Hagerstown and Board of County Commissioners for
the NorthPoint Development Project Roadway Improvements.
PRESENTATION DATE: Tuesday, February 25, 2020
PRESENTATION BY: Jonathan Horowitz, Business Leader, Business Development, & Jill
Thompson, Director of Community and Economic Development, City of Hagerstown
RECOMMENDED MOTION: Motion to approve the Agreement between the City of
Hagerstown (“City”) and the Board of County Commissioners (“County”) for the funding towards
reconstruction of Wesel Boulevard.
REPORT-IN-BRIEF: The proposed NorthPoint development includes 2.2 million square feet of
new warehouse construction (four buildings) and a $139 million investment with the possibility of
1500+ jobs. Buildings 1 & 3 are planned to start construction in March 2020 with completion
December 2020. Buildings 2 & 4 are planned to start construction in March 2021 with completion
December 2021. The current conditions of Wesel Boulevard are not adequate for the scope of this
project, and Wesel Boulevard will need significant improvements. Determination of funding for
the roadway improvement will allow NorthPoint’s full acquisition of all property and certainty of
an approved project.
DISCUSSION: The pavement on Wesel Boulevard was designed for 8,000 vehicles per day and
a maximum of 960 trucks per day. The road currently conveys around 13,000 vehicles per day
and about 750 trucks daily. The approved Traffic Impact Study for the development projects that
at full build out in 2022, the average daily traffic for Wesel Blvd would be upwards of 17,000
(more than twice the original pavement design volume) and the number of trucks would be
upwards of 1,500 trucks daily (almost 40% more than designed). The NorthPoint development
truck traffic will cause widespread pavement failure on Wesel Boulevard. As a condition of
approving their site plans, we recommend the attached Agreement be approved to stipulate that
they contribute to the reconstruction of Wesel Boulevard. The roadway improvement costs are still
unknown but for the entire street could be as much as $6,000,000.
The Agreement between the City and the County represent a public-private partnership for funding
the roadway infrastructure improvements necessary for this development project to move forward,
consistent with the economic development mission of the County through the Making Connections
Campaign. It is through such City and County partnership efforts that we realize growth of the tax
base and creation of new jobs.
FISCAL IMPACT: The Agreements confirm funding up to $6,000,000 and define respective
roles and contributions from the City, County and Developer.
CONCURRENCES: Kirk Downey, County Attorney/Interim County Administrator
ATTACHMENTS: Proposed Concept Drawing, Agreement
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
1
Agreement between the City of Hagerstown and the
Board of County Commissioners for the
Reconstruction of Wesel Boulevard
This Agreement between the City of Hagerstown and the Board of County
Commissioners for the Reconstruction of Wesel Boulevard (“Agreement”) is made this
______ day of _____________, 2020, by and between the Mayor and Council of the City
of Hagerstown, Maryland, a body corporate and politic (“City”), and the Board of
County Commissioners of Washington County, Maryland, a body corporate and politic
and a political subdivision of the State of Maryland (“County”). The City and the
County may sometimes be referred to in this Agreement individually as a Party or and
collectively as the Parties.
RECITALS
WHEREAS, NorthPoint Development, LLC, a Missouri limited liability company
with its principal place of business in Riverside, Missouri (“NorthPoint”) is under
contract to purchase parcels of land located on the north and south side of Wesel
Boulevard in the City of Hagerstown and has undertaken to develop a site consisting of
2.2 million square feet of new warehouse construction to include four buildings and a
$139 million investment with the possibility of 1500 jobs (hereinafter referred to as the
“Development”), as more fully detailed on the drawing attached hereto as Exhibit A
and incorporated herein by reference;
WHEREAS, the parties recognize that the Development will benefit each of them
by the provision of new jobs and additional tax revenue, among other advantages;
WHEREAS, NorthPoint has obtained from the City site plan approval for
Buildings 1 & 3 and concept plan approval for Buildings 2 & 4;
WHEREAS, the City and NorthPoint acknowledge that the Development will
generate significant additional traffic that will utilize Wesel Boulevard;
WHEREAS, the City and NorthPoint acknowledge certain deficiencies with
Wesel Boulevard’s pavement such that in its current form the pavement cannot sustain
the additional traffic to be generated by the Development and have made improving
the road a condition of site plan approval for the first phase of the project;
WHEREAS, NorthPoint is required as part of the Development’s site plan
approval to address the inadequacies of transportation infrastructure in the region in
2
order to mitigate the impact of traffic generated by the Development on the public
transportation infrastructure;
WHEREAS, by way of a separate written agreement known as the Agreement for
the Reconstruction of Wesel Boulevard and executed on February ___, 2020, NorthPoint
and the City have agreed to address and satisfy NorthPoint’s transportation
infrastructure obligations (“the Improvements”), as well as other matters relating
thereto (“the City/NorthPoint Agreement”);
WHEREAS, the City/NorthPoint Agreement provides that the City shall project
manage the construction of the Improvements;
WHEREAS, the City/NorthPoint Agreement provides that the total cost of the
transportation and infrastructure improvements will be approximately $6,000,000, of
which NorthPoint shall pay $1,800,000 (regardless of the final cost of the
Improvements), and the City will fund up to $4,200,000, as the local share from public
sources, including the City and Washington County (the “Local Share”),
WHEREAS, the City/NorthPoint Agreement anticipates that the County shall
contribute funds toward the Local Share;
WHEREAS, the parties are entering into this Agreement in order to define their
respective obligations with respect to the County’s contribution towards the Local
Share;
WHEREAS, the Improvements are consistent with the goals of the County’s
Making Connection Campaign;
WHEREAS, in the event that the cost of the Improvements exceeds $6,000,000,
the City and County shall negotiate in good faith and enter into a written addendum to
this Agreement, in order to address an equitable contribution by each to the Local
Share; and
WHEREAS, the Parties deem this Agreement to be mutually beneficial to
contribute towards infrastructure improvements to Wesel Boulevard in order to spur
significant economic development and private investment in accordance with the terms
set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, the Parties agree as follows:
3
1. Recitals. The aforegoing recitals be and are hereby incorporated herein by
reference.
2. The City shall pay 35.7 % of the Local Share, which is estimated by the Parties
to be up to $1,500,000.
3. The County shall pay 64.3 % of the Local Share, which is estimated by the
Parties to be up to $2,700,000. If the County seeks outside funding sources,
the County will review Agreements for said funding with the City prior to
execution for acceptance of funding conditions that could affect the costs
and/or timeline of the Improvements.
4. The respective contributions of each party shall be adjusted proportionally in
the event that the total Local Share is less than $4.2 million due to cost
savings.
By way of examples:
Total cost of Improvements $6,000,000 $5,300,000
NorthPoint -$1,800,000 -$1,800,000
Local Share $4,200,000 $3,500,000
City (35.7%) $1,500,000 $1,249,500
County (64.3%) $2,700,000 $2,250,500
5. Timing of Payments. Within thirty (30) days of each of the City’s payments to
to its contractor(s) for the Improvements, the County shall make its
proportionate contribution to the Local Share to the City, in accordance with
the formula set forth in the previous Paragraph. The City/NorthPoint
Agreement contains a Non-completion/Clawback Provision. In the event that
NorthPoint is required to repay the City as a result of said provision, the City
will repay to the County the proportional contribution of the Local Share that
the County paid to the City. No payments shall be due from the County until
after NorthPoint has paid $1,800,000 toward the Improvements.
6. Entire Agreement; Modification. This Agreement, and the Exhibit
incorporated herein by reference, constitutes the entire Agreement between
the parties. There are no other promises or other agreements, oral or written,
express or implied between the parties other than as set forth in this
Agreement. No change or modification of, or waiver under, this Agreement
shall be valid unless it is in writing signed by authorized representatives of
the Parties.
7. Severability. If any provisions of this Agreement shall be determined to be
invalid or unenforceable, the remaining provisions of this Agreement shall
4
not be affected thereby, and every provision of this Agreement shall remain
in full force and effect and enforceable to the fullest extent permitted by law.
8. Waiver. Neither party’s waiver of the other’s breach of any term, covenant or
condition contained in this Agreement shall be deemed to be a waiver of any
subsequent breach of the same or any other term, covenant or condition in
this Agreement.
9. Survival. The covenants contained herein or liabilities accrued under this
Agreement which, by their terms, require their performance after the
expiration or termination of this Agreement shall be enforceable
notwithstanding the expiration or other termination of this Agreement.
10. Counterparts/Execution. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument. A facsimile or
photocopy of a signature of a party shall constitute an original signature, fully
binding the party for all purposes.
11. Successors Bound. This Agreement shall be binding on and shall insure to
the benefit of the successors, assigns, heirs and legal representatives of the
parties hereto.
12. Notices. All notices and correspondence under or regarding this Agreement
or any provisions hereof shall be in writing and shall be hand-delivered or
sent postage prepaid by either (i) United States mail, certified, return receipt
requested, or (ii) for delivery the next business day with a nationally
recognized express courier to the other Party at:
If to the City:
City Clerk
1 West Franklin Street
Hagerstown, MD 21740
With a courtesy copy to:
Jason Morton
Salvatore & Morton, LLC
82 West Washington Street, Suite 100
Hagerstown, Maryland 21740
If to the County:
County Clerk
5
100 West Washington Street
Hagerstown, MD 21740
With a courtesy copy to:
Kirk C. Downey, County Attorney
100 West Washington Street
Hagerstown, Maryland 21740
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed and delivered.
MAYOR AND CITY COUNCIL OF
ATTEST: HAGERSTOWN, MARYLAND
By:
Donna K. Spickler, Clerk Robert E. Bruchey, II, Mayor
Approved as to form and
legal sufficiency:
Jason Morton, City Attorney
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF WASHINGTON COUNTY,
MARYLAND
By:
Krista A. Hart, Clerk Jeffrey A. Cline, President
Approved as to form and
legal sufficiency:
Kirk C. Downey, County Attorney
vs. 02.13.20
Exhibit A
HAGERSTOWN LOGISTICS CENTER
H A G E R S T O W N : M A R Y L A N D
HAGERSTOWN, MARYLAND
CORNERSTONEBRANDSNORTHPOINTDEVELOPMENT At a Glance
164+ INDUSTRIALCLIENTS
References available from our clients; a few are represented below
74.6MM SF
INDUSTRIAL SPACE DEVELOPED
& MANAGED SINCE 2012
$6.5+BILLION
TOTAL CAPITAL RAISED
SINCE 2012
13.3MM SF
INDUSTRIAL SPACE CURRENTLY
UNDER CONSTRUCTION
14.2MM SF
INDUSTRIAL SPACE
LEASED IN 2019
HAGERSTOWN, MARYLAND
CORNERSTONEBRANDSNORTHPOINTDEVELOPMENT Site Development Plan
SF JOBS*CAPITAL INVESTMENT
Building 1 ± 1,004,194 SF ± 672 $63,050,000
Building 2 ± 794,872 SF ± 532 $49,905,000
Building 3 ± 177,673 SF ± 119 $11,150,000
Building 4 ± 241,800 SF ± 162 $15,180,000
TOTAL ± 2,218,539 SF ± 1,485 $139,285,000
ECONOMICIMPACT
* Jobs created based on 0.67 jobs per 1,000 SF bldg space
BULK DC
POTENTIAL
PHASE 1 ROAD
IMPROVEMENT
POTENTIAL
PHASE 2 ROAD
IMPROVEMENT BU
R
H
A
N
S
B
L
V
D
BU
R
H
A
N
S
B
L
V
D
Current Projected Budget $5,899,290
NorthPoint Development Contribution $1,800,000
ANTICIPATED PROJECT BUDGET
WESEL B
L
V
D
WES
E
L
B
L
V
D