HomeMy WebLinkAbout200609aJeffrey A. Cline, President
Terry L. Baker, Vice President
Krista L. Hart, Clerk
BOARD OF COUNTY COMMISSIONERS
June 9, 2020
OPEN SESSION AGENDA
The meeting of the Board of County Commissioners of Washington County will be held at 100 West Washington
Street, Suite 1113, Hagerstown. Due to Governor Hogan’s Executive Order and gathering restrictions, Board
members will be practicing social distancing. County buildings remain closed to public access except by
appointment. Therefore, there will be no public attendance in the meeting chambers. The meeting will be live
streamed on the County’s YouTube and Facebook sites.
10:00 AM MOMENT OF SILENCE AND PLEDGE ALLEGIANCE
CALL TO ORDER, President Jeffrey A. Cline
10:05 AM APPROVAL OF MINUTES: May 5, 2020, May 12, 2020, and May 19, 2020
10:10 AM COMMISSIONERS’ REPORTS AND COMMENTS
10:20 AM RESCIND BID AWARD PUR1464 – GROUNDS MAINTENANCE CHEMICALS –
Brandi Naugle, Buyer, Purchasing; George Sweitzer, Superintendent Black Rock Golf Course
10:30 AM 2020 HOUSING BOND ALLOCATION TRANSFER – Jill Baker, Director, Planning &
Zoning
10:35 AM BLACK ROCK AGRICULTURAL LEASE – Todd Moser, Real Property Administrator;
Andrew Eshleman, Director, Public Works
10:40 AM AGRICULTURAL LAND PRESERVATION DISTRICT APPLICATIONS – Chris
Boggs, Land Preservation Planner, Planning & Zoning
10:45 AM BOARD OF HEALTH, HEALTH OFFICER, AND GOVERNOR’S EXECUTIVE
ORDER – Kirk Downey, County Attorney
10:55 AM ADJOURNMENT
Wayne K. Keefer
Cort F. Meinelschmidt
Randall E. Wagner
Open Session Item
SUBJECT: Rescind Bid Award (PUR-1464) – Grounds Maintenance Chemicals
PRESENTATION DATE: June 9, 2020
PRESENTATION BY: Brandi Naugle, CPPB, Buyer, Purchasing Department and George
Sweitzer, Superintendent at Black Rock Golf Course
RECOMMENDED MOTION: Move to relieve Synatek Solutions of Souderton, PA from the
bid without prejudice for Item No. 31 (Signature XTRA) and award to the next lowest responsive,
responsible bidder based upon drawing lots in public, pursuant to Section 2.9 of the Washington
County Procurement Policy Manual.
REPORT-IN-BRIEF: The County accepted bids on April 29, 2020. The Invitation to Bid (ITB)
was advertised on the State of Maryland’s (eMMA) “eMaryland Marketplace Advantage” web
site, on the County’s web site, and in the local newspaper. Fifteen (15) persons/companies
registered/downloaded the bid document on-line. Five (5) bids were received. This contract
provides the needed chemicals for the Black Rock Golf Course, County Highway Department and
Department of Water Quality; the City of Hagerstown may utilize the contract. The contract term
is one (1) year tentatively commencing July 1, 2020 and ending June 30, 2021.
DISCUSSION: N/A
FISCAL IMPACT: Funds are budgeted for the chemicals in various expense operating accounts
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Bid Matrix Tabulation.
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
PUR-1464
Grounds Maintenance Chemicals
for Black Rock Golf Course
Nutrien Ag Solutions
Rosedale, MD
Helena Agri Enterprises, LLC
Knoxville, MD
Synatek Solutions
Souderton, PA
Item
No.Item Description / Formulation Estimated Annual
Usage / Case Type
Unit of
Measure Unit Price Unit Price Unit Price Unit Price Unit Price
1 Acclaim Extra 2-Gallons Gallon $493.45 $505.00 $540.00 $526.00 $555.56
2 Aqua Shade Gallon $44.00 $49.00 $43.00 $45.85 $64.30
3 Propiconazole 14.3%Gallon $43.00 $49.75 $68.00 *$49.80 $52.34
4 Gallon $296.94 $302.00 $350.00 *$330.00 $300.00
5 Bensumec – 4LF Gallon $124.30 $115.00 $141.25 $120.00 $151.45
6 Gallon $39.99 $41.50 $42.00 *$43.60 $47.69
7 Alumimum Tris WDG 80%Pound NO BID $13.50 $13.25 *$13.10 $16.60
8 Crossbow Gallons Gallon $45.90 $41.00 $41.70 *$41.60 $51.34
9 Gallon $37.23 $40.80 $40.40 *$39.50 $41.00
10 Gallon $48.49 $46.00 $64.00 $43.00 $55.82
11 Dylox 420 SL Pound $71.89 $64.00 $74.21 $69.60 $77.47
12 Fore WSP Pound $7.42 $7.70 $34.65 $7.25 $9.87
13 Head Way Gallon $438.00 $438.00 $438.00 *$438.00 $438.00
14 Gallon $61.73 $49.75 $74.38 $61.95 $65.70
15 Imidacloprid 75%Case $370.48 $385.00 $77.25 *$347.00 $359.10
16 PCNB 40%Gallon NO BID $57.06 $55.45 *$57.06 NO BID
17 Pendulum Aqua Cap Gallon $48.88 $56.00 $68.92 $59.00 $68.92
18 Gallon $101.00 $102.00 $132.88 *$103.60 $110.00
19 Prograss Gallon $132.00 $140.00 $157.28 $146.80 NO BID
20 Provaunt Case $1,526.40 $1,526.40 $2,556.00 *$1,526.40 $1,526.40
21 Glyphosate 41%Gallon $12.99 $14.00 $17.92 *$12.60 $14.88
22 Gallon $354.15 $337.80 $414.88 $365.00 $350.00
23 Talstar Gallon $49.00 $51.00 $57.81 $50.00 $52.50
24 Trimec Classic Gallon $20.88 $36.00 $46.00 $38.90 $42.10
25 Gallon $148.77 $144.00 $220.00 *$161.50 $181.23
26 Phosguard Gallon $13.77 NO BID $20.00 *$18.00 NO BID
27 Bayleton FLO Gallon $554.00 $554.00 $554.00 *$488.00 $488.00
SiteOne Landscape Supply
Frederick, MD
Genesis Turfgrass, Inc.
Glen Rock, PA
1 Bids Opened: 4-29-2020
PUR-1464
Grounds Maintenance Chemicals
for Black Rock Golf Course
Nutrien Ag Solutions
Rosedale, MD
Helena Agri Enterprises, LLC
Knoxville, MD
SiteOne Landscape Supply
Frederick, MD
Synatek Solutions
Souderton, PA
Item
No.Item Description / Formulation Estimated Annual
Usage/Case Type
Unit of
Measure Unit Price Unit Price Unit Price Unit Price Unit Price
28 Dismiss NXT Gallon $2,596.00 $2,596.00 $649.00 *$649.00 $1,384.53
29 Fluazinam 40SC Gallons / 5 Gallons per Gallon $335.45 $368.80 NO BID $359.00 $373.09
30 Poa Constrictor Gallon $129.40 $118.80 NO BID $149.00 NO BID
31 Signature XTRA Pound $31.82 $31.81 $175.00 *$31.82 *$30.00
32 Barricade Gallon $143.00 $143.00 $143.00 *$143.00 $143.00
33 Mancozeb Pound $4.05 $3.95 $4.88 $4.58 $5.49
34 Fairway Select Gallon $212.80 NO BID $157.50 $167.06
Remarks / Exceptions:Remarks / Exceptions:
Remarks / Exceptions:
Genesis Turfgrass, Inc.
Glen Rock, PA
Item No. 31 - (Agency) 5.5 lb Container
Container size due to Agency pricing not evenly broken down to units of measure.
NO BID
2 Bids Opened: 4-29-2020
Open Session Item
SUBJECT: 2020 Housing Bond Allocation Transfer
PRESENTATION DATE: June 9, 2020
PRESENTATION BY: Jill Baker, Director, Department of Planning and Zoning
RECOMMENDED MOTION: Move to approve the transfer of Washington County’s 2020
Housing Bond Allocation in the amount of $5,546,531 to the Community Development
Administration for use in issuing housing bonds on behalf of Washington County.
REPORT-IN-BRIEF: Each year the State of Maryland invites local governments to partner in
a statewide bond pool for first time homebuyers. The pool allows counties to transfer their
housing bond allocation to the State to issue bonds to fund housing programs. Washington
County has traditionally used this allocation to participate in the Maryland Mortgage Program
(MMP).
DISCUSSION: Washington County has been transferring its housing bond allocation to the
Community Development Administration (CDA) annually since at least 2007. The maximum
allowable acquisition costs for the MMP in FY 18-20 were $271,165 and $331,423 in targeted
areas. Income limits for MMP participants in FY 18-20 were between $96,500 and $135,100
depending on family size. The MD DHCD reports purchasing activity in Washington County as
96 units in 2017 ($13,051,467), 41 units in 2018 ($5,497,993), 58 units in 2019 ($8,757,273),
and 112 units in 2020 (17,949,089). Targeted areas in Washington County are within
Hagerstown city limits.
FISCAL IMPACT: No cost to Washington County
CONCURRENCES: n/a
ALTERNATIVES: If there is no transfer there will be less money available to make housing
loans to Washington County applicants from the Maryland Mortgage Program.
ATTACHMENTS: Letter to MD Department of Housing and Community Development
AUDIO/VISUAL NEEDS:
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
DEPARTMENT OF PLANNING & ZONING COMPREHENSIVE PLANNING | LAND PRESERVATION | FOREST CONSERVATION | GIS
WWW.WASHCO-MD.NET
100 West Washington Street , Suite 2600 | Hagerstown, MD 21740 | P: 240.313.2430 | F: 240.313.2431 | TDD: 7-1-1
June 12, 2020
Maddy Ciulu, Director
Single Family Housing
Community Development Administration
Department of Housing & Community Development
7800 Harkins Road, Room 367
Lanham, Maryland, 20706
Dear Ms. Ciulu:
Pursuant to Sections 13-801 through 13-807 of the Financial Institutions Article of the Maryland
Annotated Code, Washington County hereby irrevocably transfers to the Community Development
Administration, for use in issuing housing bonds or mortgage credit certificates on behalf of this
jurisdiction, 100% of its total $5,546,531 tax-exempt housing bond allocation as set forth in 2020
allocation of the Maryland State Ceiling made by the Secretary of Commerce pursuant to the Article.
Sincerely,
Jeffery A. Cline, Chairperson
Board of County Commissioners of Washington County,
Maryland
Certificate of Counsel
This transfer of a tax-exempt bond allocation is duly authorized and executed and constitutes the valid,
binding and irrevocable act of Washington County, Maryland.
Kirk C. Downey, County Attorney
Washington County, Maryland
Open Session Item
SUBJECT: Black Rock Agricultural Lease
PRESENTATION DATE: June 9, 2020
PRESENTATION BY: Todd Moser, Real Property Administrator, Andrew Eshleman, Director of
Public Works
RECOMMENDED MOTION: Move to approve the request to proceed with the Request for Quotation
(RFQ) for the rental of a tract of land adjacent to Black Rock Golf Course and Landis Road and enter into
an Agricultural Lease with the highest bidder.
REPORT-IN-BRIEF: The agenda item was initially presented to the Board on June 2, 2020, and at this
meeting the Board requested the item be placed on the next agenda for consideration. The existing five-
year lease with the current tenant is set to expire at the end of October 2020.
DISCUSSION: The County has approximately 46.25 +/- acres of tillable land available for agricultural
use. The proposed lease is for the term of five years and allows either party to terminate the lease with 60
days written notice. Language regarding proposed future walking trails has been added to the lease that
will allow the County to construct trails in the future. If the County terminates the lease, the tenant will
have 60 days to harvest crops. If the crops are not deemed ready to harvest, the County will pay the tenant
the current local USDA rate for existing crops the tenant was prevented from harvesting. Setting a $3,500
minimum bid amount is proposed.
FISCAL IMPACT: Estimated annual revenue of $3,500 - $4,600.
CONCURRENCES: County Attorney’s Office
ALTERNATIVES: Negotiate new lease with current tenant.
ATTACHMENTS: Aerial Map, Draft Lease
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Agricultural Lease
ATTACHMENT E
AGRICULTURAL LEASE
THIS AGRICULTURAL LEASE (“Lease”) is made as of the _______ day of
________________, 2020, between the
, a body corporate and politic of the State of Maryland,
100 W. Washington Street, Hagerstown, Maryland 21740 (hereinafter referred to as “Landlord”)
and a Maryland Limited Liability Company, (hereinafter referred to as
“Tenant”).
In consideration of the rents and covenants herein set forth, Landlord does hereby lease
to Tenant and Tenant hereby leases and accepts from Landlord for a period of Five (5) year
beginning on the 1st day of November 2020, and ending on the 31 day of October, 2025, unless
this Lease shall be sooner terminated for any cause, at and for the rental and upon the other terms
and conditions hereinafter set forth, the Forty Six point Five Acres (46.25) parcels of land
generally considered farm or agricultural land (hereinafter the “Leased Premises”) consisting of
approximately Forty Six Point Five () tillable acres shown on Exhibit A situated in Election
Districts No. 10 Washington County, Maryland. Said parcel being part of the lands which were
conveyed unto the Board of County Commissioners of Washington County, Maryland, by deeds
recorded among the Land Records of Washington County, Maryland at Liber 913, folio 032, Liber
1427, folio 883, and Liber 914, Liber 353. The Leased Premises is also shown on Exhibit A
attached hereto.
Tenant shall pay as annual rent the sum of _________________(*********). Said annual
rental payments shall be due and payable on the 1st day of November of each year during the
term of this Lease and shall be mailed to the Washington County Department of Public Works,
100 West Washington Street, Suite 2400 Hagerstown, Maryland 21740.
If at any time during the term of this Lease, the Landlord desires, at its sole and absolute
discretion, to use the Leased Premises or a portion thereof for the expansion of Black Rock Golf
Course, construction of walking paths and additional parking as shown on Exhibit B, or for any
other use that the Landlord determines is in its best interest, the Landlord may terminate this
Lease upon giving sixty (60) days written notice to the Tenant. However, if at the time Landlord
desires to terminate this Lease the Tenant has crops growing on the Leased Premises, Landlord
Agricultural Lease
shall, at the Landlord’s option, either permit the Tenant to harvest the crops prior to the effective
date of termination, or reimburse the Tenant the current local USDA rate for any existing crops
on the Leased Premises which the Tenant was prevented from harvesting by reason of the
termination.
The Tenant may terminate this Lease at any time upon giving sixty (60) days written notice to
the Landlord.
Following the termination of this Lease and any compensation for existing crops as
described in this section, neither party shall have any further obligations under the terms and
conditions of this Lease.
In addition to the covenants contained in other sections of this Lease, Tenant further
agrees as follows:
(a) The Leased Premises shall be used only for agricultural purposes.
(b) Tenant shall farm, cultivate, fertilize and manage the Leased Premises in a good
and workmanlike manner, according to the most approved and accepted methods
and to keep the Leased Premises in good condition and not allow the land to be
impoverished and to have the land arable at all times. Landlord reserves the right
to approve the specific crop to be planted by the Tenant on the Leased Premises.
(c) Tenant is responsible for the sole cost of any additional utilities that are required
for their agricultural activity to include electric, plumbing and water costs.
(d) Tenant shall maintain in good repair all fences, gates and roads which may be
located upon the Leased Premises. In the event that Tenant desires to construct
fences, such fences shall be completed at the sole cost and expense of the Tenant
and the Tenant must receive written approval of the Landlord prior to the start
of construction.
(e) Tenant shall keep the Leased Premises neat and orderly.
(f) Tenant shall maintain the Leased Premises in accordance with conservation
practices recognized as acceptable by the Washington County Soil Conservation
District.
(g) Tenant shall follow other recognized practices to control soil erosion.
Agricultural Lease
(h) Tenant shall keep trim the weeds and grasses on the Leased Premises and along
the roads adjoining the Leased Premises and comply with the weed ordinance of
Washington County, as may be amended from time to time, by routinely
mowing and taking any other action necessary to comply with said ordinance, at
no cost to Washington County.
(i) Tenant may cultivate any fields suitable for cultivation and shall not cut nor
remove any sod from the Leased Premises. Tenant shall not cut any trees or
timber on the Leased Premises nor excavate the Leased Premises nor remove any
minerals from the ground.
(j) Tenant shall not burn corn stalks, straw, or other crop residues grown on the
farm, except by prior written approval of Landlord, but shall leave or spread all
such material upon the land.
(k) Tenant shall not break up established ditches, or undertake any other operation
that will injure the Leased Premises.
(l) No hunting is allowed on the Leased Premises.
(m) Tenant shall return the Leased Premises to the Landlord at the end of this Lease in
as good a condition as when received.
(n) No structures, building, or construction of any kind shall be placed on the leased
premises.
Tenant shall not assign this Lease in whole or in part nor permit assignment thereof by
operation of law, equity, or otherwise, nor sublet the whole or any part of the Leased Premises
without the prior written approval of the Landlord.
Agricultural Lease
SECTION 6
CONDEMNATION
If the whole or any part of the Leased Premises shall be taken under the power of eminent
domain, or by private purchase in lieu thereof, this Lease shall terminate as to the part so taken
on the day when Tenant is required to yield possession thereof. All compensation awarded for
such taking shall belong to and be the property of the Landlord. A proportionate part of the rent
shall be abated from and after the day of taking.
Except to the extent specifically limited by law, Tenant shall indemnify and save harmless
Landlord and its contractors and subcontractors and its or their present and future controlling
persons, commissioners, officers, elected officials, agents, and employees from and against any
and all claims, actions, damages, liability and/or expense in connection with loss of life, personal
injury and/or damage to property arising from or out of the condition of the Leased Premises or
because of the occupancy or use by Tenant of the Leased Premises or any part thereof, or
occasioned wholly or in part by any act or omission of Tenant or Tenant's family or any of their
agents, employees, invitees, or contractors or any other person on the Leased Premises during the
term of this Lease.
Landlord shall not be liable for any loss or damage to any person or persons or to any
property at any time located on the Leased Premises, whether due to theft or suffered by reason
of fire, water, rain, snow, hail, lightening, vermin, any animals on the Leased Premises, or any
other cause.
Tenant shall not do or suffer to be done or keep or suffer to be kept anything in, upon, or
about the Leased Premises which may contravene the terms of any hazard or liability insurance
policies Landlord may have or may obtain during the term of this Lease or any extension thereof,
or which will prevent Landlord from procuring insurance in companies acceptable to Landlord
at standard rates.
Tenant shall not execute any chattel mortgage or other security agreement or
encumbrance that would attach to the leasehold estate, the Leased Premises, or any crops thereon
or permit any chattel mortgage or other security agreement or encumbrance to attach thereto.
Agricultural Lease
SECTION 10
LANDLORD'S REMEDIES ON DEFAULT BY TENANT
A. Tenant agrees that in the event he should be in default under any of the terms,
provisions, covenants or conditions of this Lease, or have otherwise breached this
Lease that:
(i) Landlord shall, in addition to every remedy now or hereafter available at
law or in equity, have all of the rights and remedies set forth in this Lease,
which shall be deemed cumulative and not exclusive of those available at
law or in equity.
(ii) Landlord may, at its sole and absolute discretion, after having given Tenant
ten (10) days written notice, terminate this Lease and have the right to
immediate possession of the Leased Premises. No such recovery of
possession of the Leased Premises shall deprive Landlord of any other
action against Tenant for possession, rent and/or damages. If Tenant
abandons the Leased Premises and cannot with reasonable diligence be
located within ten (10) days after abandonment of the Leased Premises,
Landlord may, at its sole and absolute discretion, terminate this Lease and
have the right to immediate possession of the Leased Premises without
notice to the Tenant, or by such substituted notice as the law shall provide
or allow.
(iii) Landlord may, at its sole and absolute discretion and option, after having
given Tenant ten (10) days written notice, terminate this Lease, or, without
terminating this Lease, relet the Leased Premises or any part of the Leased
Premises, upon such terms and conditions, and at such rental as the
Landlord may deem advisable. The term of such reletting may be for a
term beyond the term of the Lease. If the Landlord chooses to relet the
Leased Premises, Tenant shall be immediately liable for any and all
expenses of reletting.
(iv) Landlord shall have the right to own or possess at Landlord’s option all
crops, both harvested and unharvested; the right to remove all property
and persons from the Leased Premises; and the right to store in a public
warehouse at Tenant’s expense all property so removed.
(v) Landlord shall also have the right, at Tenant’s sole expense, to restore
and/or put the Leased Premises or any part of the Leased Premises in good
condition and repair.
B. Each of the following shall be deemed default by Tenant under this Lease:
Agricultural Lease
(i) If the rent, in whole or in part, shall be in arrears and unpaid for the period
of ten (10) days;
(ii) If Tenant shall fail to comply with any of the terms, provisions, covenants,
or conditions of this Lease and such default shall continue for the period of
ten (10) days after written notice to Tenant;
(iii) If there is filed by or against Tenant a petition in bankruptcy or insolvency
proceedings or a petition, answer, or other pleading seeking
reorganization, arrangement, composition, readjustment, liquidation,
dissolution or other similar relief under the federal bankruptcy laws or
under any state insolvency law;
(iv) In the event Tenant makes an assignment or arrangement or executes a
deed of trust for the benefit of creditors; or
(v) If Tenant becomes insolvent or is unable to pay debts as they mature.
If Tenant does not perform any covenant or obligation required of Tenant by this Lease
or by law, Landlord shall have the right to perform such covenant or obligation and to enter the
Leased Premises for such purposes, after having given Tenant ten (10) days’ notice; except that
no notice shall be required in the event of an emergency. The cost thereof to Landlord shall be
deemed to be additional rent payable by Tenant and shall bear interest at the rate of one and one-
half percent (1.5%) per annum from the date the costs are incurred.
Landlord shall have the right to inspect the Leased Premises at any reasonable time during
the term of this Lease or any extension thereof but shall not have any duty to inspect or repair
same for any purpose whatsoever, except as is specifically set forth herein.
Waiver by Landlord of any breach of any covenant or duty of Tenant under this Lease
is not a waiver of a breach of any other covenant or duty of Tenant, or any of subsequent
breach of the same covenant or duty.
Agricultural Lease
NOTICES
All notices required under this Lease shall be in writing and shall be considered proper,
adequate and effective if and when mailed by United States mail, certified mail, return receipt
requested, postage prepaid, as follows:
If to Landlord: Todd Moser
Real Property Administrator, Washington County
80 W Baltimore Street
Hagerstown, MD 21742
If to Tenant:
or such other address as the parties above shall have furnished to the other in writing.
Agricultural Lease
SECTION 14
COMPLETE AGREEMENT
This Lease contains the final and entire agreement between the parties hereto, and neither
they nor their agents shall be bound by any terms, conditions, representations, or warranties not
written herein, and this Lease cannot be changed or modified except by a written instrument
subsequently executed by the parties hereto. This Lease shall constitute the entire agreement
between the parties. Any prior understanding or representation of any kind shall not be binding
upon either party except to the extent incorporated in this Lease.
This Lease shall inure to the benefit of and be binding upon Landlord and Tenant, and
their personal representatives, successors, and permitted assigns, provided that no rights shall
inure to any successor or assign of Tenant unless specifically approved in writing by Landlord. If
Tenant shall consist of more than one person or entity, they shall be bound jointly and severally
for performance of the obligations of Tenant hereunder.
This Lease shall be governed, construed and controlled by the laws of the State of
Maryland.
The invalidity of any provision of this Lease will not and shall not be deemed to affect the
validity of any other provision. In the event that any provision of this Lease is held to be invalid,
the parties agree that the remaining provisions shall be deemed to be in full force and effect as if
they had been executed by both parties subsequent to the expungement of the invalid provision.
Any modification of this Lease or additional obligation assumed by either party in
connection with this Lease shall be binding only if evidenced in writing signed by each party or
an authorized representative of each party.
Agricultural Lease
SECTION 19
CAPTIONS
The captions appearing in the Lease are inserted only as a matter of convenience and do
not limit, construe, or describe the scope or intent of the Sections of this Lease nor in any way
affect this Lease.
Time is of the essence of each and every obligation of the Tenant.
WITNESS the hands and seals of the parties hereto as of the day and year first above
written.
______________________________ BY: _________________________________(SEAL)
Krista Hart, Clerk Jeffery A. Cline, President
:
______________________________ BY: _________________________________(SEAL)
Recommended for approval by the County:
______________________________
Todd Moser, Real Property Administrator
Division of Engineering
Approved as to form and
legal sufficiency for execution by the County:
BY: __________________________
B. Andrew Bright
Assistant County Attorney
Agricultural Lease – Exhibit A Rental Tract of Land with Well Located Adjacent to Landis Road PUR-1299 Page 10 of 9
Black Rock Golf Course Agricultural Fields
0 250 500 750 1,000Feet
$- Agricultural Fields for Lease(Approximately 46.25 +/- Acres)
Legend
- Washington Co. B.O.C.C
4.35 +/- ac.
21.60 +/- ac.
12.65 +/- ac.
7.65 +/- ac.
Mount AetnaRoad
LandisRoad
LondontowneDriveWestminsterCourt
LinksViewDrive
FairMeadowsBoulevard
Open Session Item
SUBJECT: 2020 Agricultural Land Preservation District Applications
PRESENTATION DATE: June 9, 2020
PRESENTATION BY: Chris Boggs, Land Preservation Planner, Dept. of Planning & Zoning
RECOMMENDED MOTION: Move to approve the 10-year Agricultural Land Preservation
Districts for the following sixteen (16) property owners: Blue Mountain Farm, LLC, Eklund Family,
LLC, Walnut Hill Farm, LLC, Harbaugh, Bragunier, Winders, KB Farm Properties, LLC, Bowers,
Golden, Grimm/O’Neal, Hege, Hess, Byron/Stark, Baker, Kessler, and Wolfinger (see attachments for
complete owner and location information); and 5-year renewals for the following four (4) property
owners: Martz, Morgan, Green, and Fulton.
REPORT-IN-BRIEF: On June 2, 2020 the County Commissioners held a Public Hearing to consider
the applications for Agricultural Land Preservation Districts.
DISCUSSION: A one-week review period to collect public comments on the district applications is
required due to the required social distancing restrictions associated with the COVID-19 pandemic.
FISCAL IMPACT: The cost of tax credits for these properties for the full ten-year period is
approximately $12/acre/year for a total of about $29,784 per year. This will be in the form of property
taxes not collected. A total of 2,482.011 acres will be included in the 20 districts.
CONCURRENCES: The Agricultural Land Preservation Advisory Board approved all of the Districts
because they meet program criteria for size, soils, and assessment. The Planning Commission/Planning
Staff have determined the properties are consistent with Comprehensive Plan requirements due to their
locations outside of County-designated growth areas and planned water and sewer service areas.
ALTERNATIVES: Deny any of the pending 10-year Districts.
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Board of Health, Health Officer, and Governor’s Executive Orders
PRESENTATION DATE: June 9, 2020
PRESENTATION BY: Kirk C. Downey, County Attorney
RECOMMENDED MOTION: N/A. For informational purposes.
REPORT-IN-BRIEF: Discussion about the Board of Health, the Health Officer, and the
Governor’s Executive Orders
DISCUSSION: The statutory authority relied upon by the Governor to promulgate
the Executive Orders is Public Safety Article, Title 14, principally § 14-3A-03. It gives the
Governor a list of powers including the following: “The Governor may order the evacuation,
closing, or decontamination of any facility; and If necessary and reasonable to save lives or
prevent exposure to a deadly agent, the Governor may order individuals to remain indoors or
refrain from congregating.”
The powers are premised on a proclamation of catastrophic health emergency under § 14-3A-02,
which is valid for 30 days, renewable in 30 day increments, which of course has been done and
renewed.
Some of the powers in § 14-3A-03 are exercisable by the Secretary or other designated official as
ordered by the Governor. However, the powers in (d) only appear to be the prerogative of the
Governor.
The Public Safety article does not mention any local exceptions. Section 14-111 provides for a
declaration of a local state of emergency, that declaration only activates the response and
recovery aspects of the local emergency plan, and authorizes provision of aid and assistance
under the plan. It does not appear to circumvent or augment the powers exercised by the
Governor.
§ 14-3A-08 makes it a misdemeanor to knowingly and willfully fail to comply with an order,
requirement or directive issued under the subtitle, punishable by 1 year imprisonment and/or a
$5,000 fine.
The Health General Article, Title 3, Subtitle 2, establishes the local governing body as the
County Board of Health. The Board of Health has certain oversight over local health conditions,
some fee setting authority, and coordinating responsibilities with the State Department of Health
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
and the Health Officer. The Board of Health is empowered to “adopt and enforce rules and
regulations on any nuisance or cause of disease in the County.” In sum, it appears that local
Boards of Health could adopt rules and regulations that are more restrictive than those issued by
the Governor or Secretary of Health, but not less restrictive.
Pursuant to Health General Article, § 3-302, the Health officer for each county is nominated by
the County and appointed by the State Secretary of Health. The Health Officers powers and
duties are set forth in § 3-306. In any event, the Health Officer does not appear, under either the
Health Article or the Public Safety Article, to have the authority to issue an order contrary to that
of the Governor or the Secretary.
Specifically, Public Safety § 14-113 provides as follows:
(a) Each emergency management agency established under this subtitle
and its officers shall execute and enforce the orders, rules, and regulations made
by the Governor under authority of this subtitle.
(b) With respect to the threat or occurrence of an enemy attack, act of
terrorism, or public health catastrophe, each law enforcement officer of the State
or a political subdivision and each health officer of a political subdivision shall
execute and enforce the orders, rules, and regulations made by the Governor
under authority of this subtitle.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A