HomeMy WebLinkAbout200630aJeffrey A. Cline, President
Terry L. Baker, Vice President
Krista L. Hart, Clerk
BOARD OF COUNTY COMMISSIONERS
June 30, 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 OF ALLEGIANCE
CALL TO ORDER, President Jeffrey A. Cline
10:05 AM APPROVAL OF MINUTES: June 2, 2020 and June 9, 2020
10:10 AM COMMISSIONERS’ REPORTS AND COMMENTS
10:20 AM STAFF COMMENTS
10:30 AM BID AWARD (PUR1471) HEATING, VENTING, AIR CONDITIONING, AND
AUTOMATIC TEMPERATURE CONTROLS MAINTENANCE SERVICES AT
COUNTY FACILITIES – Brandi Naugle, Buyer, Purchasing; Danny Hixon, Deputy
Director, Parks & Facilities
10:35 AM BROWNFIELD REVITALIZATION INCENTIVE PROGRAM – Susan Small, Director,
Business Development
10:40 AM AGRICULTURAL PRESERVATION EASEMENT RANKINGS FY2021 - Chris Boggs,
Land Preservation Planner, Planning & Zoning
10:45 AM APPLICATION FOR ZONING MAP AMENDMENT RZ-19-007 – Travis Allen,
Comprehensive Planner, Planning & Zoning
10:50 AM CONTRACT AWARD (PUR1470) INTERVENTION AND CASE MANAGEMENT
FOR YOUTH OF INCARCERATED PARENTS IN WASHINGTON COUNTY – Rick
Curry, Director, Purchasing; Allison Hartshorn, Grant Manager, Office of Grant Management
10:55 AM CONTRACT AWARD (PUR1465) INSURANCE BROKERAGE AND RISK
MANAGEMENT SERVICES – Rick Curry, Director, Purchasing; Tracy McCammon, Rick
Management Coordinator, Human Resources
11:00 AM INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-20-0034) FOUR
DUMP TRUCKS – Rick Curry, Director, Purchasing; Jack Reynard, Fleet Manager; Zane
Rowe, Deputy Director, Highway Department
11:05 AM FORT RITCHIE CONTRACT EXTENSION – Kirk Downey, County Attorney
11:25 AM ADJOURNMENT
Wayne K. Keefer
Cort F. Meinelschmidt
Randall E. Wagner
Open Session Item
SUBJECT: Bid Award (PUR-1471) Heating, Venting, Air Conditioning and Automatic
Temperature Controls Maintenance Services (HVAC/ATC) Services at County Facilities
PRESENTATION DATE: June 30, 2020
PRESENTATION BY: Brandi Naugle, CPPB, Buyer – Purchasing Department and Danny
Hixon, Deputy Director Public Works, Parks and Facilities
RECOMMENDED MOTION: Move to award the Heating, Venting, Air Conditioning and
Automatic Temperature Controls Maintenance Services (HVAC/ATC) contract to the responsive,
responsible bidder Mick’s Plumbing & Heating, of Thurmont, MD based on the Total Base Bid of
$306,000.00 based on the hourly rates/formula contained in its bid dated May 29, 2020. The Total
Base Bid formula included in the bid document for determining the low bidder was as follows:
1,800 Hours x $ (Regular HVAC Technician Labor Rate) Plus 1200 Hours x
$___ (Regular Helper Labor Rate) = Total Base Bid
The County sets the percentage markup for repair parts and materials billed at cost plus a
percentage at fifteen (15%) percent.
REPORT-IN-BRIEF: On May 28, 2020 a request to renew the contract was submitted by Mick’s
Plumbing and Heating for the existing Heating, Venting, Air Conditioning and Automatic
Temperature Controls Maintenance (HVAC/ATC) Services contract at County Facilities. The
request was considered to be excessive and was brought before the Board for rejection, which the
Board did rejected the request and granted approval to rebid the services for new pricing.
On June 3, 2020 the County accepted bids for the Heating, Venting, Air Conditioning and
Automatic Temperature Controls Maintenance (HVAC/ATC) Services at County Facilities. The
Bid notice was advertised in the local newspaper, listed on the State of Maryland’s
“eMarylandMarketPlace” and on the County’s website. Twenty-Eight (28) persons/companies
registered/downloaded the bid document online. Three (3) bid were received. The contract is a
one (1) year contract that is to tentatively commence July 1, 2020 and end June 30, 2021, with an
option by the County to renew for up to four (4) additional consecutive one (1) year periods.
The work to be performed under this contract shall consist of performing quarterly inspections,
furnishing all materials, labor, supervision, tools, equipment, permits and insurance necessary to
service, all controls and equipment for the heating, ventilating and air conditioning systems for the
County office buildings and various locations. The Washington County Health Department and
Washington County Free Library are included in this contract.
DISCUSSION: N/A
FISCAL IMPACT: Funds are budgeted in various departmental budget line item accounts for
these services.
CONCURRENCES: Division Director of Public Works
ALTERNATIVES: N/A
ATTACHMENTS: Bid Tabulation Matrix
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
*HVAC Technician (Hourly Rate)
**Helper (Hourly Rate)
HVAC Technician (Hourly Rate)
Helper (Hourly Rate)
HVAC Technician (Hourly Rate)
Helper (Hourly Rate)
Consulting & Design Services
(Hourly Rate)
TOTAL BASE BID FORMULA -
1,800 Hours x Hourly *Regular HVAC
Technicial Labor Rate
Plus 1,200 Hours x Hourly ** Regular Helper
Labor Rate
TOTAL BASE BID
Remarks/Exceptions:
$150.00
$188.00
$252.00
$125.00
$135.00
$165.00
Affordable Heating &
Air Conditioning, LLC
Hancock, MD
$234,000.00
$48,000.00
$282,000.00
$198,000.00
$108,000.00
$306,000.00
Mick's Plumbing & Heating, Inc.
Thurmont, MD
Miler & Anderson, Inc.
Clear Brook, VA
$226,800.00
$128,800.00
$339,600.00
HOURLY RATES
Regular Working Hours - Routine
Evenings and Saturdays - Emergency
$126.00$110.00
$200.00
$60.00
PUR-1471
Maintenance Services for Heating, Ventilating, Air Conditioning and Automatic Temperature Controls
Sundays and Holidays - Emergency
$130.00
$141.00
$189.00
$135.00
$165.00
$50.00
$160.00
$40.00 $90.00 $94.00
$185.00
Bids Opened 6/03/2020
Open Session Item
SUBJECT: Brownfield Revitalization Incentive Program (BRIP)
PRESENTATION DATE: June 30, 2020
PRESENTATION BY: Susan Small, Director of Department of Business Development
RECOMMENDED MOTION: Move to adopt the “Brownfields Property Tax Credit Ordinance
for Washington County, Maryland.”
REPORT-IN-BRIEF: It is recommended the Board adopt the attached ordinance providing for
a tax relief incentive program in Washington County. The program will incentivize the economic
revitalization of property requiring significant investment in order to prepare it for rehabilitation,
properties designated by the State of Maryland as “Brownfield Sites.”
DISCUSSION: The Environmental Protection Agency (EPA) defines a brownfield as, “a
property, the expansion, redevelopment, or reuse of which may be complicated by the presence or
potential presence of a hazardous substance, pollutant, or contaminant.”
Washington County, Maryland’s brownfields provide a unique opportunity for our community to meet
economic development goals, environmental protection and sustainability goals, and help achieve our
comprehensive plan visions and objectives. Washington County’s brownfields can be assets for
revitalization, reinvestment, and redevelopment. There are approximately 21 active brownfield sites (as
of July 2, 2018) located within Washington County, MD listed on the State of Maryland’s Brownfield
Master Inventory.
- Eligible sites earn a 50% property tax credit on the increase (the difference between the pre-
remediation and post-remediation tax assessments) of county and/or municipal real property
tax.
- Brownfields located within an Enterprise Zone may receive the tax credit for up to 10 years,
and properties outside these zones receive the credit for five years.
As of January 2019, jurisdictions that have enacted BRIP legislation include: Allegany, Anne Arundel,
Baltimore, Cecil, Dorchester, Frederick, Howard, Montgomery, Prince George’s, Queen Anne’s,
Somerset, and Worcester counties – and the following municipalities: Baltimore City, Colmar Manor,
Cumberland, Frederick, Salisbury, and Taneytown.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: Do not adopt the ordinance.
ATTACHMENTS: Draft Ordinance ORD-2020
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
ORDINANCE NO. ORD-2020-___
AN ORDINANCE TO ENACT THE “BROWNFIELDS PROPERTY TAX CREDIT
ORDINANCE FOR WASHINGTON COUNTY, MARYLAND”
RECITALS
Pursuant to Maryland Code, Tax-Property Article, § 9-229, the Board of County
Commissioners of Washington County, Maryland (the County) has the authority to adopt
a brownfields property tax credit ordinance that provides for the imposition of such a tax
credit in Washington County and its municipalities.
The County Commissioners now wish to create a property tax credit against the
increased property tax liability of a qualified Brownfields site.
A public hearing was held on _______________ , 20___, following due notice and
advertisement of the text of the proposed Brownfields Property Tax Credit Ordinance
(the Ordinance).
Public comment was received, reviewed, and considered concerning the aforesaid
proposed Ordinance.
The County desires to ensure that the COVID-19 pandemic does not cause
applicants for the Brownfields Property Tax Credit to fail to obtain timely credits that
would have been obtained had the pandemic not occurred
Section 5 of the Ordinance will forestall any negative implications of the COVID-
19 pandemic by facilitating favorable treatment of applications promptly filed following
adoption of the Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners
of Washington County, Maryland, that the Brownfields Property Tax Credit Ordinance
for Washington County, Maryland, attached hereto, is enacted as written.
Adopted this ___ day of _____________, 20__.
Effective this ___ day of _____________, 20__.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
________________________ BY: __________________________________
Krista L. Hart, Clerk Jeffrey A. Cline, President
Approved as to form
and legal sufficiency:
_____________________________
Kirk C. Downey
County Attorney
Mail to:
County Attorney’s Office
100 W. Washington Street, Suite 1101
Hagerstown, MD 21740-4735
BROWNFIELDS PROPERTY TAX CREDIT ORDINANCE
FOR WASHINGTON COUNTY, MARYLAND
Adopted ______________, 2020
Effective ______________, 2020
1. Establishment of tax credit.
1.01. In accordance with Maryland Code, Tax-Property Article, §9-229, as
amended from time to time, there is a Brownfields Property Tax Credit 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. Enterprise Zone means an area designated an enterprise zone under
Section _____ of the Economic Development Article of the Annotated Code of Maryland.
2.03. Increased Property Tax Liability means the remaining property tax
liability, after first applying all other property tax credits applicable to the site,
attributable to the increase in the assessment of a qualified Brownfields site, including
improvements added to the site within the tax credit period provided for in this section,
over the assessment of the qualified Brownfields site before its voluntary cleanup or
corrective action plan.
2.04. Qualified Brownfields Site has the meaning stated in Section 5-301 of
the Economic Development Article of the Annotated Code of Maryland.
3. Calculation, Application, and Termination of Tax Credit.
3.01. Tax Credit Imposed. There is a Brownfields property tax credit of fifty
percent (50%) against the increased property tax liability of a qualified Brownfields site.
3.02. Additional Property Tax Credit. A qualified Brownfields site shall
receive an additional property tax credit of twenty percent (20%) against the increased
property tax liability if:
(a) The cost of the voluntary cleanup or corrective action plan is more
than $1,000,000; or
(b) The qualified Brownfields site is located in an enterprise zone.
However, in the event that an enterprise zone tax credit is already being
applied against the county portion of the taxes for a property, the Brownfields
tax credit will not apply to the county portion of the property taxes, but shall
be applied against the state portion of the property taxes.
3.03. Cost of Cleanup, Corrective Action. The cost of the voluntary cleanup
or corrective action plan shall be determined by the demonstrated costs incurred for the
voluntary cleanup or corrective action plan at the time of the application for the property
tax credits.
3.04. Application and Duration of Credits. Unless otherwise provided in this
ordinance, an application for a tax credit under this section shall be filed in the first
taxable year in which the property qualifies. The credits shall apply in each of the taxable
years immediately following the first revaluation of the qualified Brownfields site after
completion of a voluntary cleanup or corrective action plan for:
(a) five (5) taxable years; or
(b) If the qualified Brownfields site is in an enterprise zone, ten (10)
taxable years.
3.05. Maryland Economic Development Assistance Fund. For each year of the
credit period, the County shall contribute to the Maryland Economic Development
Assistance Fund established under Section 5-313(8) of the Economic Development Article
of the Annotated Code of Maryland an amount equal to thirty percent (30%) of a qualified
Brownfields site's increased property tax liability.
3.06. Termination. The Brownfields property tax credit granted to a
qualified Brownfields site under this section terminates if:
(a) The recipient of the Brownfields property tax credit withdraws
from the voluntary cleanup program under § 7-512(a) or (b) of the
Environment Article of the Annotated Code of Maryland; or
(b) The State Department of the Environment withdraws approval
of a response action plan or a certificate of completion under § 7-
512(e) and (f) of the Environment Article of the Annotated Code of
Maryland.
4. Administration.
4.01. Administration. The Chief Finance Officer may adopt guidelines,
regulations, or procedures to administer this section.
5. Timing of Applications.
5.01. Applications Filed Before December 31, 2021. Any application filed
between the date of adoption of this ordinance and December 31, 2021 will be considered
to have been filed as if it were timely filed in accordance with Section 3.4, even if it is filed
after the deadline proscribed in that Section. Any such property for which an application
is filed in accordance with this Section 5.01 shall be entitled to the full extent of the credits
available under Section 3.4, as if the application had been filed in accordance with that
Section. If, as of the date of filing of the application, the applicant has already paid the
property tax bill for a tax year in which the tax credit would have been applied if the
application had been timely filed, the unapplied tax credit amount shall be applied
against the property tax bill for the tax year that follows the final year that a credit is to
be applied in accordance with Section 3.4.
5.02. Applications Filed After December 31, 2021. For applications filed after
December 31, 2021, failure to apply in the first qualifying tax year will result in the loss
of the credit for that tax year.
Open Session Item
SUBJECT: Agricultural Preservation Easement Rankings FY 2021
PRESENTATION DATE: June 30, 2020
PRESENTATION BY: Chris Boggs, Land Preservation Planner, Department of Planning & Zoning
RECOMMENDED MOTION: Move to approve the priority ranking of Agricultural Land
Preservation Easement applications as recommended by the Agricultural Land Preservation Advisory
Board and to forward the top 12 applications to the Maryland Agricultural Land Preservation
Foundation (MALPF).
REPORT-IN-BRIEF: The purchase of permanent land preservation easements through the
Maryland Agricultural Land Preservation Program (MALPP) is the largest part of Washington
County’s rural preservation strategy. All applications are ranked by the local Agricultural Land
Preservation Advisory Board using the adopted Priority Ranking Formula which assigns points for
such things as quality of soils, proximity to other preserved lands, agricultural status, economic
viability, and relationship to other land use areas in the County.
DISCUSSION: The Commissioners were introduced to the subject at the Public Hearing on June 16,
2020 and allotted two weeks for public comment to be submitted. Following review and
consideration of public comment from this public hearing, Commissioners are requested to approve
the top 12 applications to be forwarded to the MALPF Board. Easements are purchased in order from
the priority list until funds are exhausted.
Maryland law requires MALPF and the County to maintain confidentiality of financial information
and rankings for our easement applicants until the end of an annual easement acquisition cycle.
Therefore, only the County Commissioners have the Excel spreadsheet of rankings by the Ag Board.
The public copy lists only the names of applicants.
FISCAL IMPACT: No impact to County General Fund. The County will have an opportunity to
contribute locally collected Agricultural Transfer Taxes and Real Estate Transfer Taxes in the Fall
2020. Local and State funds are combined (60% State and 40% County) to fund the matching portion
of the program.
CONCURRENCES: The Agricultural Land Preservation Advisory Board has approved the rankings
of these applications and the limit of 12 applications being forwarded to MALPF.
ALTERNATIVES: Change ranking and/or number of applicants submitted.
ATTACHMENTS: None
AUDIO/VISUAL NEEDS: PDF County Map of Applicants
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
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Open Session Item
SUBJECT: Consensus - Application for Zoning Map Amendment RZ-19-007
PRESENTATION DATE: June 30, 2020
PRESENTATION BY: Travis Allen, Comprehensive Planner, Department of Planning and Zoning
RECOMMENDED MOTION: The purpose of this agenda item is to reach a consensus to either
approve or deny the applicant’s request to rezone property.
REPORT-IN-BRIEF: Application is being made to extend an existing Rural Business floating zone
over an adjacent .88-acre property through a rezoning map amendment.
DISCUSSION: The applicant WALZC, LLC seeks a map amendment for a property adjacent to the
site of Mt. Tabor Builders at 14624 National Pike near the Rural Village of Wilson. An existing RB
floating zone was established over the parcel containing Mt. Tabor Builders in 2015. The current
proposal seeks to extend the RB zone to accommodate use of an accessory structure related to business
operations that would not be permitted under its current zoning designation.
The factors to be considered in a request for the creation of a new RB zoning district are listed in Article
5E of the Washington County Zoning Ordinance. RB districts must designate a specific type of land
use and demonstrate that the proposed use will be compatible with the existing neighborhood which
surrounds it. The purpose of the RB zoning district is to permit the continuation and development of
businesses that support the agricultural industry and farming community, serve the needs of the rural
residential population, provide for recreation and tourism opportunities, and to establish locations for
businesses and facilities not otherwise permitted in the rural areas of the County.
This item was presented to the Washington County Planning Commission at a Public Information
Meeting held during their regular meeting on February 3, 2020. It was then brought back for
recommendation at the March 2, 2020 meeting, where the members unanimously recommended in
favor of the proposed map amendment.
Thus far, one public comment in favor of the proposal was received during the Public Information
Meeting. This is the only public comment received to date either for or against the proposed rezoning.
The Public Hearing for this item was presented to the Board of County Commissioners on June 16,
2020. No action was taken by Commissioners on the request at that time.
FISCAL IMPACT: N/A
CONCURRENCES: Washington County Planning Commission
ALTERNATIVES: N/A
ATTACHMENTS: Application, staff report, Planning Commission recommendation, approved
Planning Commission minutes and written public comments
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
County
DEPARTMENT OF PLANNING & ZONING
COMPREHENSIVE PLANNING I LAND PRESERVATION I FOREST CONSERVATION I GIS
January 3, 2020
Application for Map Amendment
Staff Report and Analysis
Case #: RZ-19-007
Property Owner(s)
David and Elizabeth Miller
Applicant(s)
WALZC, LLC (Contract purchaser)
Location
North side of U.S. 40, % mi east of Spickler Rd
Election District
#23 — Wilson
Comprehensive Plan
Designation
Agriculture
Zoning Map
35
Parcel(s)
P. 73
Acreage
88 acres (Parcel A extension of RB overlay)
Existing Zoning
Agricultural, Rural
Requested Zoning
Agricultural, Rural with Rural Business (RB) overlay
Date of Hearing
February 3, 2020
I. Background Information
a. Location and Description of Subject Properties
The subject parcel is located on the north side
of National Pike (U.S. 40) between Spickler Rd
and Rocky Fountain Lane west of the Rural
Village of Wilson. The property subject to this
rezoning encompasses .88 acres of land
(Parcel A) on Parcel 71 (.88 acres) and is
under contract purchase from current property
owners David and Elizabeth Miller ("Miller
Property). An existing Rural Business Overlay
District currently extends over adjoining parcel
73, which consist of Lot 1 (.72 acres) and Lot 2
(.57 acres). Lots 1 & 2 serve as the location
for Mt. Tabor Builders. These properties are
improved by an office building, garages and
paved driveway and parking area.
Staff Report and Analysis
RZ-19-007 — Walzc, LLC
b. Rural Business Floating Zone Purpose and Criteria
The Rural Business Zoning District (RB) is established to permit the continuation and
development of businesses that support the agricultural industry and farming community, serve
the needs of the rural residential population, provide for recreation and tourism opportunities,
and to establish locations for businesses and facilities not otherwise permitted in the rural areas
of the County. It is established as a "floating zone" which may be located on any parcel in an
Agricultural, Environmental Conservation, Preservation or Rural Village Zoning District. A
floating zone is a zoning district that delineates conditions which must be met before that zoning
district can be approved for an existing piece of land.
Section 5EA of the Rural Business Zoning District describes the criteria that must be met for the
establishment of a new Rural Business Zoning District. These criteria include:
1. The proposed RB District is not within any designated growth area identified
in the Washington County Comprehensive Plan;
2. The proposed RB District has safe and usable road access on a road that
meets the standards under the "Policy of Determining Adequacy of Existing
Roads." In addition, a traffic study may be required where the proposed
business, activity or facility generates 25 or more peak hour trips or where
40% of the estimated vehicle trips are anticipated to be commercial truck
traffic;
3. Onsite issues relating to sewage disposal, water supply, stormwater
management, floodplains, etc. can be adequately addressed; and
4. The location of an RB District would not be incompatible with existing land
uses, cultural or historic resources, or agricultural preservation efforts in the
vicinity of the proposed district.
Section 5E.6c further expands upon the above noted criteria in describing the basis for which
the Planning Commission should base its recommendation to the Board of County
Commissioners upon after the Public Information Meeting including:
1. The proposed district will accomplish the purpose of the RB District;
2. The proposed site development meets criteria identified in Section 5EA of
this Article;
3. The roads providing access to the site are appropriate for serving the
business -related traffic generated by the proposed RB land use;
4. Adequate sight distance along roads can be provided at proposed points of
access;
2
Staff Report and Analysis
RZ-19-007 — W a I m, LLC
5. The proposed landscaped areas can provide adequate buffering of the
proposed RB land use from existing land uses in the vicinity;
6. The proposed land use is not of a scale, intensity or character that would be
incompatible with adjacent land uses or structures.
To be established, RB districts must also meet bulk requirements outlined in Article 5E.5. A
preliminary site plan which addresses the elements noted above and other criteria in 5E.6.a(3)
in greater detail is also a required part of the application process. Finally, approval of the
application to create an RB District shall only be for the use identified on the application and
preliminary site plan. An approved RB District covers only the portion of the parcel or lot
identified in the application. Changes to the use, intensity or area covered by an approved RB
District shall be reviewed by the Planning Commission. A new public hearing may be required
to approve the changed use.
II. Staff Analysis
The staff analysis of the proposed rezoning will utilize the criteria outlined in the previous
section of this report to determine the suitability of applying a newly created RB floating zone in
the designated location.
1. The proposed district will accomplish the purpose of the RB District;
As this application represents simply extending the existing RB District on Lot 1 that was
approved in 2015, it stands to reason that the accessory use which would be covered by the
enlarged RB District would also accomplish the state purpose of floating zone. The proposed
storage facility would otherwise not be a permitted land use in the underlying Agricultural Rural
Zoning District.
2. The proposed RB District is not within any designated growth area identified in
the Washington County Comprehensive Plan;
The proposed site of this rezoning is located in the Rural Area of Washington County outside of
any growth areas designated by the Comprehensive Plan.
3. Road and Traffic Considerations
a. Traffic Generation
As an accessory use to the principal structure located on adjacent Lot 1, the extension of
the current RB District onto the adjacent Miller property is estimated by the Applicant in their
Exhibit B to generate less than ten trips per day resulting from the creating of the storage
building. Additionally, as an office storage facility, the proposed use is unlikely to generate
commercial truck traffic to the site. This trip generation estimate falls below the requirements of
the RB District which necessitate a traffic study when the proposed business, activity or facility
generates 25 or more peak hour trips or where 40,00 of the estimated vehicle trips are
anticipated to be commercial truck traffic.
37�
Staff Report and Analysis
RZ-19-007 — Walzc, LLC
Traffic counts on County and State roads in the vicinity of the rezoning site provide
limited information traffic flow or congestion that might be impacted an expanded business at
this location. Single day traffic counts were collected for one 24-hour period in both 2008 and
2016 on Spickler Road near its intersection with U.S. 40. Slightly more than 700 vehicles were
recorded at this location in both years. SHA does not maintain a permanent traffic counter in
the immediate vicinity of the site. The closest is located 1 mile away on St. Paul Road where
annual average daily traffic (AADT) has grown at a rate of less than 1% per year since 2000
from approximately 2,300 AADT to roughly 2,600 AADT in 2018.
b. Road and Site Circulation Improvements
The existing driveway in its current state on Lot 1 is anticipated by the applicant to
continue serving as the point of ingress and egress for access to Mt. Tabor Builders. The
business is located on U.S. 40, which is classified as a minor arterial in the Transportation
Element of the County's 2002 Comprehensive Plan. Minor arterials serve a mean ADT of
2,000-5,000 vehicles in rural areas such as this. The storage building on the Miller property will
be surrounded by a gravel parking lot.
A review of the County's 10-Year CIP and the State Highway Administration's
Consolidated Transportation Plan did not note any road improvements in the vicinity of this
proposed rezoning that affect road capacity or traffic flow. The Highway Plan in the 2002
Comprehensive Plan and HEPMPO's LRTP also did not indicate any immediate road
improvements in the vicinity.
4. Site Planning Considerations
a. Water
The proposed rezoning site is designated as W-7 in the 2009 Water and Sewer Plan
with no planned connected to public water. Therefore, the wells depicted on Washington
County Plat 8126 on Lots 1 & 2 would continue to serve the proposed rezoning site. As a
building anticipated to be used for storage purposes, water use from the new building on the
Miller property would likely be minimal. Well locations are approved by the Washington County
Health Department, The Health Department is also responsible for monitoring wells for water
quality issues.
b. Sewer
The proposed rezoning site is designated as S-7 in the 2009 Water and Sewer Plan with
no planned connected to public sewer. Therefore, the site would continue to utilize the on -site
septic system found on Washington County Plat 8126 for sewage disposal. Expansion of the
existing septic reserve area is not presently anticipated, according to the applicant.
The Washington County Health Department is responsible for approving the location and
method of sewage disposal on individual properties in the County. Upon reviewing the
application, the Health Department has offered the following comment on the proposed
Staff Report and Analysis
RZ-19-007 — Walzc, LLC
rezoning: "The septic reserve area has been compromised. Any expansion of the
business or change in (land) use (would) require this to be addressed."
c. Stormwater Management
A bioretenion pond is proposed in the northwest corner of the Miller Property on the preliminary
site plan to capture stormwater from the storage facility. A gravel parking lot will surround the
building.
d. Floodplain
The proposed rezoning site does not contain floodplain.
e. Bulk Regulations
The proposed use is anticipated to comply with all bulk regulations outlined in the RB Zoning
District, including lot size, setbacks, height limitations, lot coverage, parking, signage, lighting,
material storage and screening. Further detail about each of these individual items can be
found in the applicant's Justification Statement.
5. Compatibility with Adjacent Land Uses
a. Land Use in the Vicinity
Zoning in the vicinity of this proposed rezoning is heavily agricultural and the
surrounding lands constitute some of the better farm land in the County. Land use along
National Pike in the immediate area is comprised mostly of small residential lots fronting the
highway. Scattered commercial uses can be found in the vicinity, particularly in the Rural
Village of Wilson where there is a General Store and Sweetsies Eats and Treats. The
Hagerstown Speedway is across Conococheague Creek, along with Zach Greenlee's
restaurant. Myers Building Systems is found directly across U.S. 40 from the site.
The Rural Business Overlay Zone has been applied to a number of properties in the
vicinity. As mentioned, Mt. Tabor Builders, which presently occupies parcel 73, already has the
RB designation. This is also the case for Miller's Farmstead, a wedding an events reception
facility located at Spickler Road and U.S. 40; Myers Building Systems, Sweetsies and the
Wilson General Store. All properties mentioned are within 1 mile of the proposed rezoning site.
b. Historic Resources
There are 8 existing historic sites in the vicinity of this proposed rezoning that should be
considered in evaluating. Three of the eight are located within approximately'% mile west of the
site near the intersection of U.S. 40 and Spickler Road. Three others are located approximately
/z mile south of the site across U.S. 40 near 1-70 West. These six sites are documented on the
Maryland Historic Sites Inventory by the Maryland Historical Trust but were not recommended
for listing as National Historic Register Properties. They are described in the inventory as
follows:
Staff Report and Analysis
RZ-19-007— Walzc, LLC
• WA-V-065: "Rocky Fountain Farm"
Early 19'h century vernacular farm complex including large stone dwelling built in two sections, a
log house sheathed with German Siding, a stone spring house and large stone end bank barn.
• WA-V-098: "Bloyer House"
Mid-191h century small farmstead including large, 2-story brick home that may have served as
an inn or Tavern along the historic National Pike, small frame bank barn and wagon shed.
• WA-V-099: "Carriage Factory"
Late-191h century vernacular farm complex including German sided frame house, large frame
barn and numerous outbuildings. Reported to have been a production place for horse drawn
carriages.
• WA-V-112: "Mid-1911 Century House"
Mid-19'h century vernacular 2-story brick house.
• WA-V-114: "Brick Farmhouse"
Mid-191h century farm complex including 2-story brick home, log smoke house, frame out kitchen
and other outbuildings. Evidence of old road predating U.S. 40 that served several area farms.
• WA-V-192: "Brick House"
Late-19th century 2-story brick home.
Two other historic sites are located approximately 3/4 mile east in the Rural Village of
Wilson. These two sites are National Historic Register Properties described as:
• WA-V-007: "Wilson School"
Mid-1911 century school house built by local merchant Rufus Wilson that was incorporated into
County's public education system in 1890s. Remained in use until 1950 and was the last
operating one -room school house in the County.
• WA-V-074 "Rufus Wilson Complex"
Mid -Late 19'h century rural commercial complex which comprised the small rural settlement of
Conococheague on National Pike. The buildings include a general store with attached feed
room, post office, 2'/z story limestone dwelling, carriage house, bank barn and small corn crib.
The rural commercial complex served the local community and travelers on the National Road
in the latter half of the 19'h century.
Staff Report and Analysis
RZ-19-007 — Walzc, LLC
c. Agricultural Land Preservation
The proposed rezoning site does fall within the County's Priority Preservation Area (PPA).
Properties within a PPA are considered as potential targets for State or local agricultural land
preservation programs to ensure the continued viability of this industry in Washington County.
Immediately adjacent to the Miller property is the Myers Charolais Ag District (AD-96-
004). The Ag District program encourages landowners to voluntarily enter into an Ag District in
which it is agreed that the land will not be developed for a period of five years. In return for the
restrictions, the landowner receives protections from nuisance complaints, becomes eligible to
sell development rights easements through the Maryland Agricultural Land Preservation
Program and receives a tax credit on all County property taxes associated with agricultural land
and buildings, as well as up to $711 toward property taxes on dwellings.
While numerous Ag Districts are located in the vicinity of the proposed rezoning site,
particularly to the north, AD-96-004 is the only one which lies immediately adjacent to the site.
The removal of less than 1 acre from the agricultural land comprising the Miller property
wouldn't necessarily remove the remaining acres on that property from consideration for
agricultural land preservation in the future. Therefore, the proposed rezoning wouldn't be
incompatible with this broader land use objective for the rural area.
6. Additional Considerations
a. Emergency Services
The Clear Spring Volunteer Fire Company is the nearest emergency services provider to this
site, located approximately 3.5 miles west on U.S. 40 in the Town of Clear Spring.
b. Comprehensive Plan
The 2002 Comprehensive Plan designated this site as falling within the Agriculture Policy
Area in its Land Use Plan. This Policy Area is primarily associated with the Great Hagerstown
Valley and includes the best soils for agricultural production. Rural businesses in this policy
area are limited but a permitted land use through the RB floating zone application process.
c. Hours of Operation, Employees
The anticipated hours of operation for the proposed use are Monday through Thursday, 8 am to
4 pm with three onsite employees.
Staff Report and Analysis
RZ-19-007 — Walzc, LLC
Based on the analysis provided above, Staff believes that there is sufficient evidence to
meet the criteria outlined in Article 5E in support of the application of a Rural Business floating
zone to the subject area.
Respectfully submitted,
Travis Allen
Comprehensive Planner
DEPARTMENT OF PLANNING & ZONING
COMPREHENSIVE PLANNING I LAND PRESERVATION I FOREST CONSERVATION I GIS
March 19, 2020
:iA111-6XI11YA
APPLICATION FOR ZONING MAP AMENDMENT
PLANNING COMMISSION RECOMMENDATION
Property Owner(s)
Applicant(s)
Location
Election District
Comprehensive Plan Designation
Zoning Map
Parcel(s)
Acreage
Existing Zoning
Requested Zoning
Date of Meeting
David and Elizabeth Miller
WALZC, LLC (Contract purchaser)
North side of US 40, Y4 mi. east of Spickler Road
#23 - Wilson
Agriculture
35
P. 73
.88 acres (Parcel A extension of RB overlay)
Agriculture Rural
Agriculture Rural with Rural Business (RB) floating zone
February 3, 2020
The Washington County Planning Commission took action at its regular meeting held on Monday, March
2, 2020 to recommend approval of Map Amendment RZ-19-007 to the Board of County Commissioners.
The Commission considered the application, the supporting documentation submitted with the
application, and the applicant's presentation during the public rezoning information meeting. The
Commission also considered the Staff Report and Analysis, comments of interested parties received by
the Planning Commission and the specific items for consideration of Section 5E.6.c in the Zoning
Ordinance. Based upon this information, the Planning Commission finds that the application can meet
criteria set forth in Section 5E4.b of the County's Zoning Ordinance to establish the RB district in this
location; and, therefore, recommend approval of the application.
Copies of the application, Staff Report and Analysis, and minutes of the Planning Commission's February
3, 2020 public rezoning meeting and the March 2, 2020 regular meeting are attached.
Respectfully
' submitted,
Jill L Baker, Director
Washington County Department of
Planning & Zoning
JLB/TMA/dse
Attachments
cc: Zachary Kieffer
Kirk Downey, County Attorney
100 West Washington Street, Suite 2600 1 Hagerstown, MD 217401 P: 240.313.2430 IF: 240.313.24311 TDD: 7-1.1
WWW.WASHCO-MD.NET
Washington 0Llnty FOR PLANNING
COMMISSION USE ONLY
Rezoning No. 19-667
D Date Filed: U lI-.,2lo-l�j
WASHINGTON COUNTY PLANNING COMMISSION
ZONING ORDINANCE MAP AMENDMENT APPLICATION
Property Owner Xontract Purchaser
Applicant oAttorney ❑Consultant
❑Other:
Address
Zachary J. Kieffer, Esq. 240-513-4332
Primary Contact Phone Number
19405 Emerald Sq. Ste. 2100 Ofc. 202 zach@zkiefferlaw.com
Hagerstown, MD 21742
Address E-mail Address
Property Location: 8624 IJk11CWhL_ AKE BAR SP2ldCi.D 2t122
Tax Map: 00"55 Grid: OBIS Parcel No.: 0073 Acreage: 0,86 5-tr- f>n-10")
Current Zoning: AGMCQLVQZG 6uMt Requested Zoning: &VAL ZUS1NE55
Reason for the Request: a Change in the character of the neighborhood
❑ Mistake in original zoning
PLEASE NOTE: A Justification Statement is required for either reason.
JEAN C. STRITE
Notary Public - State of Maryland
Washington County
My Csmmission Expires Apr26, 2021
Applicant's Siggafure
Subscribed and sworn before me this I -i- day of 20 tq
My commission expires onzl, 7.>7-\
Notary Public
FOR PLANNING COMMISSION USE ONLY
❑ Application Form
❑ Fee Worksheet
❑ Application Fee
❑ Ownership Verification
❑ Boundary Plat (Including Metes
& Bounds)
❑ Names and Addresses of all Adjoining
& Confronting Property Owners
❑ Vicinity Map
❑ Justification Statement
❑ 30 copies of complete Application
Package
FOR PLANNING COMMISSION USE ONLY
Rezoning No.
Date Filed:
4230 01b1
CLERK OF CIRCUIT COURT
WASHINGTON COUNTY
Tri-State Signature Settlements, LLC
File No. TE-7601M
Tax ID # 23-002450
This Deed made this 10th day of February, 2012, by and between Valley Group, LLC.
GRANTOR, and WALZC LLC, GRANTEE.
- Witnesseth -
That in consideration of the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS
00/100 ($150,000.00), which includes the amount of any outstanding Mortgage or Deed of Trust, if
any, the receipt whereof is hereby acknowledged, the said Grantor does grant and convey to the said
WALZC LLC, in fee simple, all that lot of ground situate in the County of Washington, State of
Maryland, and described as follows, that is to say:
All that lot or parcel of land, together with the improvements thereon, situate along
the North side of National Pike in Election District No. 23, Washington County,
Maryland and being more particularly shown and designated as Lot I on the
Subdivision plat entitled "Preliminary/Final Plat of Subdivision of Lots I and 2 for
Matthew & Eileen Eby", recorded among Plat Records of Washington County,
Maryland, at Plat folio 8126.
The above described property is conveyed together with, and subject to, any and all
applicable covenants, conditions, reservations and restrictions, limitations, rights of
way, streets, alleys, and easements of record.
Being the same property described and conveyed from Matthew D. Eby and Eileen S.
Eby, his wife to Valley Group LLC, a Maryland Limited Liability Company, by deed
dated February 17, 2005 and recorded on February 17, 2005 in the Libor 2575 at
folio441 in the Land Records of Washington County, Maryland.
Together with the buildings and improvements thereon erected, made or being; and all and
every, the rights, alleys, ways, waters, privileges, appurtenances and advantages thereto belonging, or
in anywise appertaining.
TO Have and TO Hold the said tract of ground and premises above described and
mentioned, and hereby intended to be conveyed, together with the rights, privileges, appurtenances
and advantages thereto belonging or appertaining unto and to the proper use and benefit of the said
WALZC LLC, in fee simple.
And the Grantor hereby covenants that it has not done or suffered to be done any act, matter or
thing whatsoever, to encumber the property hereby conveyed; that it will warrant specially the
property hereby granted; and that it will execute such further assurances of the same as may be
requisite.
4230 0 1 b 2
CLERK OF CIRCUIT COURT
WASHINGTON COUNTY
In Witness Whereof Gmmor has caused this Deed to be properly executed and sealed the
day and year first above written.
VALLEY GROUP, LLC
gy: y�c —�hr. Cs
Sandra M. Fields, Member
Fimothy.Fields, MI mbe- r
STATE OF MARYLAND ss
COUNTY OF WASHINGTON
I hereby certify that on this I Oth day of February, 2012 before me, the subscriber, a Notary
Public of the State and County aforesaid, personally appeared Sandra M. Fields and Timothy E.
Fields, who acknowledged himself/herself to be the Member of the Grantor corporation, and that as
such officer, being authorized to do so, executed the aforegoing Deed for the purposes therein
contained, by signing the name of the Corporation, by himself/herself as such officer and further, did
certify that this conveyance is not part of a transaction in which there is a sale, lease, exchange or
other transfer or all, or substantially all, of the property and assets of the Corporation, giving oath
under penalties of perjury that the consideration recited herein is correct. J
IN WITNESS WHEREOF, I hereunto set my hand and otf'uial seal.
["IaoeMvo.e aowv llW RIM sed Not, ublic
rneer� cwI%MrA�
W, 0,.Wuy,"ogt*v 19.200 My commission
OLIVIAMOORE
THIS IS TO CERTIFY that the within Deed was prepared by, or under the supervision of one
of the parties named within.
Sandra M. Fields, Grantor
AFTER RECORDING, PLEASE RETURN TO:
Tri-State Signature Settlements, LLC
1185 Mt. Aetna Road
Hagerstown, MD 21740
IMP FD SK 4
40.00
nF_mn!fS•1.
RE11TiDINC FEE
29•M
,r..t:.F Cf'!1r�T
RECORDATION
TR TAX COIINTY
id4D.00
50.00
..:.
q0
TR TAX STATE
7E4.00
TOTAL
21458.00
i rt ORI`:.eCi FEE
Res# 14A0i
RCP% T: SMi
f''o
5A
11!M MAN
Feb 13r 2612
BIk 1 5H
02:33 etI
5--0
TOTAL —
1. -.1 4
•` f�qf�.� f�tlit3 '
4230 0 1 b 3
2011
MARYLAND
FORM
Certification of ExeW l %Withholding Upon
Disposition of Maryland Real Estate
Affidavit of Residence or Principal Residence
Based on the certification below, Transferor claims exemption from the tax withholding
requirements of §10-912 of the Tax -General Article, Annotated Code of Maryland. Section
10-912 provides that certain tax payments must be withheld and paid when a deed or other
instrument that effects a change in ownership of real property is presented for recordation. The
requirements of §10-912 do not apply when a transferor provides a certification of Maryland
residence or certification that the transferred property is the transferor's principal residence.
1. Transferor Information
Name of Transferor
Valley Group, LLC
2. Reasons for Exemption
Resident
I, Transferor, am a resident of the State of Maryland.
Status
❑ Transferor is a resident entity as defined in Code of Maryland Regulations (COMAR)
03.04.12.02B(11), 1 am an agent of Transferor, and I have authority to sign this document
on Transferor's behalf.
Principal
❑ Although I am no longer a resident of the State of Maryland, the Property is my principal
Residence
residence as defined in IRC 121 and is recorded as such with the State Department of
Assessments and Taxation.
Under penalty of perjury, I certify that I have examined this declaration and that, -to the best of my knowledge, it
is true, correct, and complete.
3a. Individual Transferors
Witness Name
Signature
3b. Entity Transferors
VALLEY GROUP, LLC
wUAtt..t Name of E tity /J
BY
Sandra M. Fields
Name
Member
nne
File No. TE-7601M Re: 14624 National Pike, Clear Spring, MD 21722
10 4a
4230 0 1 b 4
2011
MARYLAND
FORM
Certification of Exeh". 'ggIftV tthholding Upon
Disposition of Maryland Real Estate
Affidavit of Residence or Principal Residence
Based on the certification below, Transferor claims exemption from the tax withholding
requirements of §10-912 of the Tax -General Article, Annotated Code of Maryland. Section
10-912 provides that certain tax payments must be withheld and paid when a deed or other
instrument that effects a change in ownership of real property is presented for recordation. The
requirements of §10-912 do not apply when a transferor provides a certification of Maryland
residence or certification that the transferred property is the transferor's principal residence.
1. Transferor Information ,
Name of Translator
Valley Group, LLC
2. Reasons for Exemption
Resident
I, Transferor, am a resident of the State of Maryland.
Status
❑ Transferor is a resident entity as defined in Code of Maryland Regulations (COMAR)
03.04.12.02B(11), 1 am an agent of Transferor, and -1 have authority to sign this document
on Transferor's behalf.
Principal
❑ Although I am no longer a resident of the State of Maryland, the Property is my principal
Residence
residence as defined in IRC 121 and is recorded as such with the State Department of
Assessments and Taxation.
Under penalty of perjury, I certify that I have examined this declaration and that,'Jib the best of my knowledge, it
is true, coned, and complete.
3a. Individual Transferors
witness Name
Signature
31b. Entity Transferors
VALLEY GROUP, LLC
t t st N of Entity
By
Timothy E. Fields
Name
Member
Tale
File No. TE-7601 M Re: 14624 National Pike, Clear Spring, MD 21722
10 4e
4200 01b5
CLERK OF CIRCUIT COURT
State of Maryland Land InstrtW{1NIft1t9l1 WA
I I Baltimore City I X I County: Washington
Infornsadon provided Isfordre use ofthe Clerk's Office and Slate Deportment of
Assessments and Taxation, and the County Finance Of oe only.
(Tres or Print in Black Ink Only All Copies Must Be Legible)
1
of Instruments
(I I Check nos if Addendum Intake Form is Attached.)
(
Deed
Decd of'frusl
Mortgage
Lease
Other
Other
2 Conveyance
Check Box
2;j Improved Sale Unimproved Sale Multiple Not an Arms -
Arms -Len th /11 Arms -Length Arms Length [31 Length Sale P
3 Tax Exemption$
(if Applicable)
Cite or Exlealn Auth afty
Recordation _
sm Annotated cad. Ass Psopaety AcHela
Stale Tranafer
hm Annotated coda Tax Property Aetiola
County Tranais,
eo Mnotated code Tax Property Actiole
4 I
Consideration
Amount
Finance Of ,e Use only
Purchase PricetConsideration
S 150,000.00
Transfer end Recordalien
Tex Consideration
Consideration
Any New Mortgage
S .00
Transfer Tax Consideration
S
and Tax
Balance of Existing mortgage
S
x( % .
S
Calculations
Other:
S
Less Exem Ilan Amount
S
ToUlTmnafer Tax
S
Other:
S
Recordation Tax Consideration
S
x( ) per $500
$
Full Cash Value
S 130,000.00
TOTAL DOE
S
F-67
Amount or Fees
Doe.I
Doe.2
Agent:
Recording Charge
$ 60.00
5
R
v
Fees
Surcharge
S 0.00
S.
Tax Hill:
State Recordation Tax
5 I, 140.00
S
`
n
State Transfer Tax
S 750.00
S
C.B. Credit:
County Transfer Tax
5 500.00
S
m
Other
S
S
Ag. Taa/Olher:
Other
S
S
` S
District I
Prn er Tax ID No. 1
Grantor Liber/Rollo
Map
I No.
Var. LOG
Description of
123.002450
1 2575/441
1 1 Its)
Dproperty
Subdivision Name Lot(3a)
Biock(3b)
Sett/AR(3c)
I Plat Ref.
I S FVAcreege(4)
SDAT,amanea
1
autwaremn Oren
Location/AddremotPro erry Being Conveyed 2)
m
.pa,uwe em,,aaum.
14624 National Pike, Clew Spring, M D 21722
m
Amnhn.mar.0
Other Property Identifiers (if applicable) -
Water MelerAccount No.
m
avano.ems be
m
tme..d in exwd.
We,Ne
Residential I I or Non -Residential( I
Fee Slm lelX or Ground Rents I
Ammm"SN/A
Pdwtlydndin
Real FiWady Mole
Pardo] Conte es"? Ivan IX I No
E). li ItoNAml.arSOFVAcreegc Trenafcrrcd:
N/A
$.6oa3-10Il9x3xe.
p
irpartial Conveyance, List lmpmvcmcnts Convoyed: N/A
7
Doe. I-Granlor(s) Names)
Doe. 2-Gressette) Name ,)
p
Valle Group,LLC
Transferred
From
Doe.l - Owns a of Record, If Different from Cranlor(a)
Doe. 3-Owner(s)ef Record, If Different from Grantor(s)
B
Doe. I-Granlee(s) Names
Doc. 2-Gcentrals) Name(s)
WALZC LLC
n
Transferred
d
To
New Owner',(Grantee)listening Address
13830 Letsheer Court, Clear Spring, MD 21722
B
Doc.I - Additional Names In be Indexed (Optional)
Doe. 2-Additional Names to be Indexed(Optional)
Other Names
to Be Indexed
10
T
ConO
timalnfo mation
Information
Instrument Submitted By or Contact Person
LZj Return to Contact Person
O Hold for Pickup
Return Address Provided
Name; Lose Davis
Firm: Tri-State Signature Settlements, LLC
Address: 1185 Mt. Acma Road Hagerstown, MD 21740
Phone:
_.
111 IMPORTANT:
BOTH THE ORIGINAL DEED AND A PHOTOCOPY MUST ACCOMPANY EACH TRANSFER
j
`)
r
Yes X No Will the property being conveyed be the grantee's principal residence?
a eeasmenl Yes X No Does transfer include personal property? Ifyes, identify:
Information
Yes X No Was property surveyed? Ifes, attachco ofsurve ifrecorded, no copy required)
5
Assessment Use Only - Do Not Write Below This Line
:)I
I Tarminal Versodon .I I A ticullund Ve411.1l.. I I Whole I I Pad I j Tmn. Process Vednmllon
Tranafer Ndmben Dale Received: Deed Reference: Assigned Pm a No.:
Year .1
1 Map I Sub
Block
H
Land
Zanlna Grid Plet
Lol
Z
Bulitin a
I Use Penal Sectlon
Oa. Cd.
D
Total
I Town Cd. I Ex. S4 I Ea. Co.
13
REMARKS:
Z
TE-7601 M
November 25, 2019
MEMORANDUM OF SALE AND CONSENT TO REZONING APPLICATION
Washington County Department of Planning and Zoning
100 W. Washington Street
Hagerstown, Maryland 21740
We, the undersigned David W. Miller and Elizabeth A. Miller ("We" or "Seller"), do hereby
state and acknowledge the following with regard to our parcel of real property located at 14506
National Pike, Clear Spring, MD 21722.
1. We are the owners of certain real property located at 14506 National Pike, Clear Spring,
MD 21722 (Tax Map. 0035, Parcel 0071) (the "Property").
2. By virtue of an oral/handshake agreement between ourselves and Willie Eby, we agreed
to convey +/- 0.88 acres of the Property to WALZC, LLC, of which Mr. Eby is a member
(the "WALZC Parcel").
3. Seller hereby acknowledges that they are aware of Mr. Eby's plans. for the WALZC
Parcel, in that application will be made to the Washington County Department of
Planning and Zoning for a Map Amendment to rezone the WALZC Parcel with the Rural
Business District Overlay.
4. Seller hereby consents to said application for Map Amendment.
5. Upon approval of said Map Amendment, we intend to consummate the sale of the
WALZC Parcel to Mr. Eby and memorialize said transaction with the execution of a
special warranty deed conveying good and clear title to WALZC, LLC in fee simple.
Respectfully Submitted,
Seller:
David Miller
Eliza eth Miller
STATE OF MARYLAND, WASHINGTON COUNTY, to -wit:
I HEREBY CERTIFY, That on this 7_ day of November, 2019, before me, the
subscriber, a Notary Public, in and for the State and County aforesaid, personally appeared
David W. Miller and Elizabeth A. Miller and acknowledged the aforegoing deed to be their act
and deed and further made oath in due from of law the above is true and bona fide as set forth
therein.
WITNESS my hand and Official Notarial Seal.
(� e ✓ 0—,
—��— Notary Public
My Commission Expires: ��.\ ^z4 20 zJ
JEANC.STPITE
Notary Public —State of Maryland
Washington County
My Commission Expires Apr 26, 2021
01068 00917
CLERK OF THE CIRCUIT COURT
WAS111110TON COUNTY
N"
o Ln4uY��
- Received for Record
at o'c 10CIE .M.
Recorde3in Liber
THIS DEED, made thin /7 4 day of November, A.D., 1992, by
VIOLA G. BLOYER of Washington County, Maryland, GRANTOR.
WITNESSETH: That for and in consideration of the sum of
rWO HUNDRED FIVE THOUSAND DOLLARS ($205,000.00) and other good
Ind valuable consideration, the receipt and sufficiency of which
is acknowledged, GRANTOR does hereby grant and convey unto DAVID
4. MILLER and ELIZABETH A. MILLER, his wife, as tenants by the
entireties, all the following lot or parcel of land, together
with any improvements thereon and all rights, ways, privileges,
waters, alleys, easements and appurtenances thereunto belonging
or in anywise appertaining, situate at the northeast corner of
the intersection of Spickler Road and U.S. Route 40 in Election
District No. 23, Washington County, Maryland, and more
particularly described as "Remaining Lands of William Bloyer and
viola G. Bloyer in accordance with a recent survey by Frederick,
Seibert and Associates, Inc. dated December, 1991, as follows:
Beginning for the outline hereof at the intersection of the
north margin of U.S. Route 40 and east margin of Spickler Road as
depicted on the Washington County Roadway Right of Way Plat No.
100-10-80, running thence with said margin of Spickler Road North
29" 17' 21" East 101.17 feet to a point, thence North 61" 10' 20"
East 27.73 feet to a point, thence North 446 371 17" East 25.32
feet to a point, thence North 35" 31' 52" East 25.00 feet to a
point, thence North 25" 19' 38" East 101.61 feet to a point,
thence North 35" 311 52" East 75.00 feet, thence North 370 491
18" East 75.06 feet to a point, thence North 32" 05' 51" East
50.09 feet to a point, thence North 30" 28' 45" East 39.75 feet
to a point in the southern line of lands of Leo H. Hornbaker
(Liber 453, folio 468), thence with said lands, passing through
an iron pin at 0.77 feet, South 550 19' 00" East 166.36 feet to
an iron pin found, thence North 36" 58' 00" East 425.00 feet to a
point at the northeast corner of lands of T.L. Burleson (Liber
611, folio 342), thence with lands of R.F. Grams (Liber 489,
folio 116) passing through an iron pin at 1.08 feet, South 550
191 0011 East 298.40 feet to an iron pin and cap set in place of a
recovered hub and tack, thence North 20" 521 00" East 141.50 feet
to an iron pin and cap set, thence North 22" 24' 14" East 80.97
feet to a recovered iron pin, thence along lands of F.W. Robinson
(Liber 533, folio 25) North 20" 14' 42" East 300.00 feet to a
fence post, thence along lands of S.P. Bowers (Liber 756, folio
807) North 20" 36' 4211 East 63.09 feet to an iron pin and cap
set, thence along lands of Leroy E. Myers (Liber 414, folio 578)
South 65" 52' 22" East 1561.54 feet to a corner fence line tree,
thence along lands of S. A. Barnhart (Liber 845, folio 700) South
370 231 08" West 600.41 feet to an iron pin and cap set, thence
along lands of J.W. Cameron (Liber 327, folio 601) and others
North 820 261 2811 West 1422.61 feet to an iron pin and cap set at
the end of the second or North 850 West 48.71 feet line of lands
of William C. Reed, Jr. (Liber 397, folio 61), running thence
with part of third line of said lands South 20" 181 32" West
37.48 feet to an iron pin and cap set at the end of the third
line of lands of Gary L. Wigfield (Liber 910, folio 296), thence
with said third line reversed and with the northern line of lands
of J. Martin (Liber 257, folio 343), North 74" 58' 32" West
01068 00918
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242.76 feet to an iron pin found, thence with part of the fourth
'line reversed of N.L. Ward, Jr. (Liber 455, folio 75) North 7"
33' 32" East 5.01 feet to an iron pin and cap set, thence with
the third and second lines of said lands reversed North 82" 26'
28" West 150.00 feet to an iron pin and cap set, thence South 70
33' 32" West 225.00 feet to an iron pin and cap set in the north
margin of U.S. Route 40, thence with said margin North 82" 26'
28" West 359.34 feet to the place of beginning; CONTAINING 33.00
acres of land, more or less.
Being part of the lands which by deed dated December 19,
1933, and recorded among the land records of Washington County,
Maryland at Liber 194, folio 454 were granted and conveyed by
Victor G. Funkhouser and Zora L. Funkhouser to William Bloyer and
Viola G. Bloyer, his wife; William Bloyer having since died
vesting title unto Viola G. Bloyer.
The above -described property is subject to all valid and
forceable rights -of -way, conditions, restrictions, easements,
d limitations of record.
IN WITNESS WHEREOF, Grantor has caused his hand and seal to
m be subscribed hereto the day and year above written.
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WITNESS: GRANTOR:
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S STATE OF MARYLAND, WASHINGTON COUNTY, to -wit:
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n I HEREBY CERTIFY, that on this .7�0 day of November, A.D.,
m
1992, before me, a Notary Public in and for the State and County
m aforesaid, personally appeared Viola G. Bloyer, known to me to be
o the person whose name is subscribed above, and acknowledged that
the within deed was her true and valid act.
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WITNESS my hand and Official Notarial Seal.
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3 We, the said David W. Miller and Elizbeth A. Miller, do
o' hereby declare under the penalties of perjury that the property
o described in the aforegoing Deed is residentially improved real
R property which we will occupy as our residence.
¢ WITNESS:
(SEAL)
Davie W. Miller
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CLEWASHINGTCIRCUIT
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E zabeth A. Miller
This is to certify that the within instrument was prepared
or under the supervision of the undersigned, an attorney duly
fitted to practice before the Court of Appeals of Maryland.
Mmu7[) DEC 7 1- -
TO:
rt B. Stone, Esquire
North Potomac Street
rstown, Maryland 21740
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ADJACENT AND ADJOINING PROPERTIES
To
14624 National Pike, Clear Spring, MD 21722
Information derived from SDAT property information
1) Map: 0035; Parcel: 0073
Record Owner: Matthew & Eileen Eby
Premises Address: 14626 National Pike, Clear Spring, MD 21722
Mailing Address: 16212 Broadfording Road, Hagerstown, MD 21740
2) Map: 0035; Parcel 0351
Record Owner: Leroy E. Myers, Jr.
Premises Address: 14627 National Pike, Clear Spring, MD 21722
Mailing Address: Same as Premises
3) Map: 0035; Parcel 0351
Record Owner: Gerard & Vickie Wagner
Premises Address: 14621 National Pike, Clear Spring, MD 21722
Mailing Address: Same as Premises
4) Map: 0035; Parcel 0360
Record Owner: Herman Chaney
Premises Address: 14617 National Pike, Clear Spring, MD 21722
Mailing Address: Same as Premises
5) Map: 0035; Parcel: 0072
Record Owner: WALZC, LLC (Applicant)
Premises Address: 14616 National Pike, Clear Spring, MD 21722
Mailing Address: 13830 Leisher Court, Clear Spring, MD 21722
6) Map: 0035; Parcel: 0071
Record Owner: David and Elizabeth Miller
Premises Address: 14506 National Pike, Clear Spring, MD 21722
Mailing Address: Same as Premises
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THE LAW OFFICE OF
ZACHARY J. KIEFFER LIC
November 26, 2019
Re. Justification Statement. 14624 National Pike, Clear Spring, MD 21722 (the
"Property'); Rural Business (RB) District Application
REQUEST
Application is made by WALZC, LLC (the "Applicant") for a Map Amendment to the
current Washington County Zoning Map amending the Property (Tax Map 0035, Parcel 0073) to
expand the existing RB District "floating zone", incorporating Applicant's contemplated addition
thereto. The RB District overlay will allow Willie Eby, owner of Mt. Tabor Builders, Inc. and
member of the Applicant, to expand the footprint of his business, and improve the property by
adding an accessory storage building, as a permitted use in the RB District, as indicated in
Article 3, Table 3.3(1) of the Washington County Zoning Ordinance (the "Ordinance").
BACKGROUND
The Property is located at 14624 National Pike, Clear Spring, Maryland. The Applicant
claims title to the Property by virtue of a Deed dated February 13, 2012 and recorded among the
Land Records of Washington County at Liber 4230, folio 0161. The Property is more
particularly shown on the Preliminary/Final Plat of Subdivision Lots 1 and 2 for Matthew and
Eileen Eby recorded at Plat No. 8126, among the Plat Records of Washington County, Maryland.
The Property is zoned A(R) Agricultural Rural and overlaid with the RB District floating zone.
Improvements to the Property consist of an existing office building, garages and blacktop drive
and parking area.
The Applicant has contracted with David and Elizabeth Miller, the owners of certain
adjacent real property, for the acquisition of+/- 0.88 acres of their adjacent parcel (the "Miller
Property"). The Property, combined with the Miller Property is more particularly shown on the
plat entitled "Simplified Subdivision of Parcel A for WALZC, LLC", dated October 15, 2019,
prepared by Frederick Seibert and Associations, Inc. and recorded among the Plat Records of
Washington County, Maryland at Plat No. 11015. Plat No. 11015 is attached hereto as "Exhibit
A".
19405 Emerald Square, Suite 2100 Office 202, Hagerstown, MD 21742
Office: 240-513-4332
Email: zachgzkiefferlaw.com
www.zkiefferlaw.com
JUSTIFICATION
The purpose of the RB District is "...to permit the continuation and development of businesses
that support the agricultural industry and farming community, serve the needs of the rural
residential population, provide for recreation and tourism opportunities and to establish locations
for businesses and facilities not otherwise permitted in the rural areas of the County"
(Ordinance, Article 5E-"RB" Rural Business District) Enlarging the existing RB District to
include the Miller Property and permitting the proposed use, as shown on the "Rezoning Exhibit
for WALZC, LLC" created by Frederick Seibert & Associates, Inc., dated November 14, 2019,
and attached hereto and incorporated herein as "Exhibit B", will allow the expansion of Mr.
Eby's business and the construction of a permitted accessory equipment storage building (the
"Storage Building"). Without the extension of the RB District, construction of the Storage
Building, as an accessory to Mt. Tabor Builder's business office, would otherwise be prohibited
on a parcel zoned Agricultural Rural.
The proposed Map Amendment sought by the Applicant satisfies the Bulk Regulations
required by the Ordinance for an RB District overlay as more specifically shown on Exhibit A:
a. Lot Size: Minimum 40,000 sf — the Property contains +/- 1.51 acres or +/-
65,775.6 sf.
b. Front Yard Building Setback: 40 feet from a Minor Collector or Local Public
Road Right of Way or 50 feet from a Major Collector or Arterial Public Road
Right of Way- shown on Exhibit B.
c. Side and Rear Yard Building Setbacks: 50 feet from a property zoned for or
occupied by a Residential Land Use; 25 feet from a property zoned for or
occupied by a Non -Residential Land Use -as shown on Exhibit B.
d. Height: No proposed or existing structure is or shall be greater than 35 feet.
e. Lot Coverage: Maximum 65%. The footprint of the Buildings is less than
65% of the area of the Property.
f. Parking: No additional parking is contemplated in connection with this
application. All off-street parking facilities shall be in accordance with Article
22, Division I of the Ordinance.
g. Signage: Though additional signage is proposed at this time, any subsequent
signage shall conform to the requirements set forth in Section 22.23 of the
Ordinance.
h. Lighting: Any and all building mounted or freestanding lighting shall be
constructed so that light and glare are directed toward the ground.
i. As shown on Exhibit B, outside storage of materials is not contemplated.
Future outside storage, if intended, will be part of the final site plan
submission.
j. Screening: Trash, refuse or recycling receptacles shall be screened from
public view.
2. The proposed RB District is not within any designated growth area identified in the
Washington County Comprehensive Plan.
3. The drive -way on the Property will remain the ingress/egress point to access National
Pike. National Pike is classified as a State Road with adequate site lines for ingress
and egress to the Property. No improvements to the existing drive -ways are
contemplated at this time, as the addition of the Miller Property to the Property is not
anticipated to create additional trips to and from the Property. The surface area
around the Storage Building will be gravel. Any improvements to the existing drive
will be done in accordance with all applicable statutes, rules and regulations.
4. A septic area for the Property was platted on Plat No. 8126. Further, the Applicant
does not intend to expand the septic reserve area. Any change in the Applicant's plans
will be addressed as part of Applicant's final site plan submission. The Property is not
in the 100-year flood plain.
5. The location of the proposed RB Overlay would comport with existing land uses. The
Property is zoned A(R) with the RB Overlay and this application merely contemplates
an extension of that RB Overlay to adjacent land. Directly adjacent to the Property,
on the south side of National Pike, sits another parcel with the RB Overlay. A third
parcel with the RB Overlay sits approximately 1,000 feet to the west of the Property.
Expanding the RB Overlay to the Miller Property will not burden the community with
an incompatible use. The end result of this application will be the construction of the
Storage Building, as an accessory structure to Mr. Eby's business, which is a
permitted use. The Storage Building is not expected to increase the daily number of
trips to and from the Property. Nor will the addition of the Storage Building intensify
the existing use on the Property. Further, the Storage Building will likely be in the
style of any number of ordinary detached buildings found on commercial properties
throughout the County.
The Applicant's proposed RB District and contemplated use is compatible with the
existing land uses on the adjacent and nearby parcels surrounding the Property. The
relative low intensity of the use of the Storage Building further points to the proposed
RB District's compatibility with existing land uses. Applicant's proposed use will be
consistent with the purpose of the RB District and satisfies the elements and criteria
necessary to approve the RB District overlay on the Property. Applicant respectfully
requests that this application be granted and allowed to proceed to final site plan
approval.
Very Truly Yours,
Zachary J. Kieffer
Attorney at Law
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EXHIBIT E
Open Session Item
SUBJECT: Contract Award (PUR-1470) – Intervention and Case Management for Youth of
Incarcerated Parents in Washington County
PRESENTATION DATE: June 30, 2020
PRESENTATION BY: Rick Curry, CPPO – Director of Purchasing and Allison Hartshorn,
Grant Manager – Washington County Office of Grant Management (OGM)
RECOMMENDED MOTION: Move to award the contract for the Intervention and Case
Management for Youth of Incarcerated Parents in Washington County, Maryland to the
responsible proposer with the responsive proposal.
REPORT-IN-BRIEF: The purpose of the service to be provided is to fulfill the
requirements of the County’s Community Partnership Agreement (CPA) for fiscal year 2021 with
the Governor's Office of Crime Prevention, Youth, and Victim Services (GOCPYV). The services
are to be performed during the contract period that commences upon contract execution and end
on June 30, 2021 with an option by the OGM to renew the awarded Contract for up to two (2)
additional years through fiscal year 2023.
The Coordinating Committee was comprised of the following members: Director of Purchasing,
OGM Director designee, OGM Grant Manager (Chairman Designee), LMB Board Chairperson,
or designee and LMB Community Planning and Review Committee Chairperson or designee. The
RFP was advertised locally in the newspaper and on the County’s web site, as well as on the State’s
“eMaryland Marketplace Advantage” (eMMA) web site. Notice of the RFP was e-mailed to those
individuals/firms on the OGM’s e-mail list. Twenty-seven (27) persons/firms accessed the RFP
document from the web site. Three (3) firms were represented at the pre-proposal conference.
DISCUSSION: N/A
FISCAL IMPACT: Funding from the Maryland Governor’s Office for Children in the amount
of $90,000.
CONCURRENCES: Award as unanimously recommended by the Coordinating Committee.
ALTERNATIVES: N/A
ATTACHMENTS: Scope of Work (excerpt from RFP document).
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
PUR-1470
Intervention and Case Management for Youth of Incarcerated
Parents in Washington County, Maryland
After accessing the needs of the community and review of current data about school
readiness, the Washington County Local Management Board has concluded that
programming is necessary to impact this issue particularly among those youth whose
parent(s) have been or are currently incarcerated. Research indicates that this population
has increased risk of poor school performance. The Board wishes to fund a program that
will coordinate with local law enforcement to provide school readiness/success resources
along with case management to this population. The program will specifically target youth
ages 0-18 (along with their caregivers) with at least one parent currently incarcerated at the
Washington County Detention Center (WCDC) or the Washington County Day Reporting
Center (WCDRC). The selected organization will work closely with both agencies to
provide services including but not limited to family assessment, case management and
referral to services. Parent/caregiver classes will be provided to include school readiness
and parenting skills curriculum. The overall goal of the program is to provide services to
youth of incarcerated parents and their caregivers, recognizing the adverse impact parental
incarceration may have on the family.
1. Staffing – Case Management Services may be provided by one or more Case
Managers either on a full or part-time basis as long as the services meet the
minimum requirement of 390 hours per quarter. A qualified applicant
preferably has a bachelor’s degree or higher in a mental health or human
services field with at least two years’ experience working with youth and
families. Applicants with bachelor’s degree in other fields or with Associates
Degrees in mental health or human services field with at least four years’ work
experience working with youth and families will also be considered. Please
note staff or employee leave time including but not limited to vacation, personal
and sick leave will not be reimbursable under this project per GOCPYV
guidelines and policies.
2. Collaborative efforts – Services must include strong agency and community
collaboration and involvement. It will be required that the Applicant create
and/or maintain a collaborative relationship with local law enforcement and
service providers.
3. Coordination with local law enforcement – A Memorandum of Understanding
between the Applicant and WCDC and WCDRC is required to be executed
prior to the start of services. The service provider shall obtain all necessary
malpractice and liability insurances in the amounts required by WCDC and
WCDRC.
4. Referrals to Service – The Program will be accessible by all targeted youth and
families (see POPULATION SERVED), allowing referrals from all law
enforcement agencies (including WCDC and WCDRC), school systems,
service providers, and citizens.
5. Location of Services – Location of services in close proximity to the WCDC
and WCDRC is preferred but not required.
6. Outreach – The success of this program will be dependent upon the target
population being referred to it, therefore, outreach is an important component.
The Applicant should ensure the target population and service providers are
aware of the program.
7. Case Management – The Case Manager(s) will provide case management
services, including (but not limited to) family assessment, referral services,
family centered services, and follow up support as necessary to the youth and
families served.
8. Training and Education – The Intervention and Case Management for Youth of
Incarcerated Parents program will focus on two educational components: (1)
preparing youth under 5 for school readiness and (2) ensuring school age youth
are successful in school. To achieve these goals the program will offer training
workshops/educational learning experiences in these subject matters at least
quarterly.
9. Population Data Collection – In addition to program data, the applicant will be
responsible for collecting local data/statistics on the target population of youth
with incarcerated parents. This data will be used to determine the needs of the
local population.
10. Program Data collection – The Applicant must collect and report indicator data
and program outcome information as required by the Evaluation Contract
executed with the Office of Community Grant Management. Data collection
will be required through the duration of the program. The following data
outcome measures are the minimum measures expected of the selected
Applicant.
a. Number of hours of services provided per quarter
b. Number of school aged children served by program
c. Number of pre-school age children served by program
d. Number of families served by program
e. Number of parents
f. Number of caregivers
g. Number and percent of classes provided to participants
h. Number and percent of participants receiving a referral for additional
services
i. Number and percent of participants which would recommend the
program to others
j. Number and percent of pre-school age children participating in the
program that are assessed as being developmentally on the target for
school success per Ages & Stages Questionnaire
k. Number and percent of caregivers/parents of school aged children
participating in the program that feel services provided by the program
will help improve their child’s attendance
These measures may be revised at the discretion of the OGM and GOCPYV.
A. Parameters of the Award of Funds
1. The maximum award of $90,000 for the Intervention and Case Management for
Youth of Incarcerated Parents program will begin on July 1, 2020 and end
June 30, 2021 with an option by the OGM to renew the awarded Contract
for up to two (2) additional years through fiscal year 2023. Renewal of this
agreement is at the discretion of the Local Management Board and is
contingent upon the following: 1) the continual award of funds from the
GOCPYV, 2) the performance of the Applicant and 3) the goals/outcomes
desired by the GOCPYV and OGM.
III. POPULATION SERVED
A. The program will provide services for youth ages 0-18 along with their parent/caregiver
with at least one parent currently incarcerated at the Washington County Detention
Center or Washington County Day Reporting Center. Youth and families of
individuals who are transferred from the WCDC/WCDRC to other correctional
facilities may participate in the program as long as they reside in Washington County,
Maryland.
Open Session Item
SUBJECT: Contract Award (PUR-1465) – Insurance Brokerage and Risk Management Services
PRESENTATION DATE: June 30, 2020
PRESENTATION BY: Rick Curry, CPPO, Director of Purchasing and Tracy McCammon, Risk
Management Coordinator, Human Resources
RECOMMENDED MOTION: Move to award the contract for the Insurance Brokerage and
Risk Management Services to the responsible, responsive proposer, with the lowest proposal cost.
REPORT-IN-BRIEF: Proposals were seeking a team of industry professionals to assist and
guide the County in identifying and managing the unique public sector risks and exposures
encountered in its daily operations. The County accepted proposals from firms interested in
providing the County with design of its risk financing program, including brokerage services, to
include, but not be limited to, its property and casualty risk financing program for the County
which would contemplate use of cost-effective self-insured retentions, insurance deductibles, and
other risk financing techniques. Services will also extend to preparation of insurance specifications
for the insurance market, marketing and solicitation of insurance quotations, placement of
insurance policies at the request of the County and other broker services as enumerated in the
Scope of Services contained in the Request for Proposals, including efforts necessary to insure
those volunteer fire and rescue companies who are members of the Washington County Volunteer
Fire & Rescue Association. The term of the contract is for a one (1) year period tentatively to
commence August 1, 2020 with an option by the County to renew for up to four (4) additional
consecutive one (1) year periods thereafter contingent upon satisfactory annual performance by
the Contractor and fiscal appropriations.
The Coordinating Committee was comprised of the Interim County Administrator/County
Attorney (Committee Chairman), Human Resources Director, Risk Management Administrator,
Safety Compliance/Training Coordinator, and Director of Purchasing (Chairman Designee). The
Request for Proposals (RFP) was advertised on the State’s “eMaryland Marketplace Advantage”
website, on the County’s web site and in the local newspaper. Twenty-eight (28) persons/firms
accessed the RFP from the County’s web site. Five (5) firms was represented at the Pre-Proposal
Teleconference. Submittals were received on May 7, 2020, from four (4) firms. The
Qualifications & Experience/Technical Proposals of two (2) of the firms were considered
responsive by the Coordinating Committee. The Price Proposals of those firms were opened.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
DISCUSSION: N/A
FISCAL IMPACT: Funds are budgeted in individual departments for each of the lines of
coverage.
The present contract for these services was awarded in 2015 to Aon Risk Services, Inc. of
Maryland at a cost of $250,000 for the five (5) years that ends July 31, 2020. Prior to having an
Insurance Brokerage contractor, Washington County's insurance program had traditionally been
handled on an exposure basis, i.e. policy specifications for each line of coverage (property, inland
marine, general liability, etc.) had been put out for bid individually. Over time that resulted in
over fifteen (15) separate policies negotiated through multiple agents or brokers. Each insurance
carrier paid the agent or broker for services via commissions paid by the insurance carrier and
passed on to the County via-premium payments. This process also tended to repeat the same
carriers and agents from year to year due to the exclusive arrangements between carriers and
agents. The "value added" services provided by the larger brokers were also not available to the
County due to the piecemeal policy placements.
By contracting with one broker to place the County's entire insurance program, the County has
access to needed safety and risk management resources provided by the broker as a "value added"
service. There is also greater access to carriers since the larger brokers have greater market access
and technical expertise. In addition, placement of multiple lines of coverage with one carrier has
provided more cost-effective premiums and additional limits. Since the broker is paid on a flat
rate basis directly by the County and not through commissions paid by the carriers, premiums paid
by the County are net of commission. Cost savings were substantial enough to offset the County's
needs for additional areas of coverage (pollution liability, media liability, etc.) and additional
liability limits.
CONCURRENCES: As recommended by the Coordinating Committee.
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase (INTG-20-0034) Four (4) Dump Trucks for the
Highway Department
PRESENTATION DATE: June 30, 2020
PRESENTATION BY: Rick Curry, CPPO, Director, Purchasing Department, Jack Reynard, Fleet
Manager, Highway Department and Zane Rowe, Deputy Director, Highway Department
RECOMMENDED MOTION: Move to authorize by Resolution, the Highway Department to purchase
four (4) 4x2 Mack dump trucks from Potomac Truck Center, Inc. of Bladensburg, MD. The cost of each
truck is $208,818 (extended warranty $3,318) for a total amount of $848,544 and to utilize another
jurisdiction’s contract (#4400003267) that was awarded by Howard County, Maryland - Office of
Purchasing.
REPORT-IN-BRIEF: The Highway Department is requesting to purchase four (4) dump trucks to
replace trucks that are nineteen (19) years old and exceed the County’s Vehicle and Equipment Types
and Usage Guidelines. The County’s replacement guidelines for vehicles greater than 33,000 lbs. GVWR
is recommended at a ten (10) year economic life cycle. The replaced trucks will be advertised on
GovDeals.com for auctioning.
The Code of Public Laws of Washington County, Maryland (the Public Local Laws) §1-106.3 provides
that the Board of County Commissioners may procure goods and services through a contract entered into
by another governmental entity, in accordance with the terms of the contract, regardless of whether the
County was a party to the original contract. The government of Howard County, Maryland - Office of
Purchasing took the lead in soliciting the resulting agreement. If the Board of County Commissioners
determines that participation by Washington County would result in cost benefits or administrative
efficiencies, it could approve the purchase of the trucks in accordance with the Public Local Laws
referenced above by resolving that participation would result in cost benefits or in administrative
efficiencies.
The County will benefit with direct cost savings in the purchase of the trucks because of the economies
of scale this buying group leveraged. I am confident that any bid received as a result of an independent
County solicitation would exceed the spend savings that Howard County, Maryland - Office of
Purchasing provides through this agreement. Additionally, the County will realize savings through
administrative efficiencies as a result of not preparing, soliciting and evaluating a bid. This savings/cost
avoidance would, I believe, be significant.
FISCAL IMPACT: Funds are budgeted in the Highway Department’s Capital Improvement Plan (CIP) account
(EQP042) in the amount of $1,068,000
CONCURRENCES: Deputy Director of Highway Department
ALTERNATIVES: 1. Process a formal bid and the County could possibly incur a higher cost for the
purchase, or 2. Do not award the purchase of the dump trucks.
ATTACHMENTS: Potomac Mack Sales and Services, Inc. quote.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Howard County, Maryland
OFFICE OF PURCHASING
6751 Columbia Gateway Drive, Suite 226
Columbia, MD 21046
(410) 313-6370
Tax Exemption No. 30001219
POTOMAC TRUCK CENTER INC
3371 KENILWORTH AVENUE
BLADENSBURG MD 20781
USA
Page: 1 / 3
Contract Number: 4400003267
Contract Number: 4400003267
Vendor Number: 1110256
Date:
03/02/2017
Contract Term:
03/01/2017 to 02/28/2021
Header Target:
$650,000.00
Ceiling Value:
$1,000,000.00 Over 5 Years
Buyer:
Shelley Liby, CPPB
Telephone:
410-313-6379
Fax Number:
410-313-6388
Email:
sjliby@howardcountymd.gov
Delivery Terms: Free On Board Destination
Payment Terms: Net Due Within 30 Days
Contract text:
Invitation for Bid No. 2017-39, Heavy Duty Trucks, Class 7 & 8
This is a multiple award contract and represents one of three awarded contracts.
Contract Change No. 3, 01/27/2020. This contract change is for the purpose of exercising the third of four (4)
one-year renewal options for the period of 03/01/2020 to 02/28/2021. All other terms and conditions remain
unchanged.
All invoices shall reflect the Contract Number, release Purchase Order Number, and the contract Line Item
Numbers.
The vendor must maintain, in full force and current, the insurance coverage required under the terms and
conditions of this contract while this contract is in effect, including any renewal terms.
The Ceiling Value is representative of multiple contract terms and does not represent the value of one year's
services.
Vendor Contact: Scott Parker, 410-533-8831, email scott.parker@potomactruckcenters.com
Agency Contact: Adam D. Brown, 410-313-2047, email adbrown@howardcountymd.gov
Item NIGP Code Description Unit Price
Howard County, Maryland
OFFICE OF PURCHASING
6751 Columbia Gateway Drive, Suite 501
Columbia, MD 21046
(410) 313-6370
Tax Exemption No. 30001219
Page: 2 / 3
Contract Number: 4400003267
Item NIGP Code Description Unit Price
1 07207 Heavy Duty Trucks, Class 7 Mack
Price(Contract/Bid) 1 EA 1.00 USD
Material Text:
Trucks, Heavy Duty, Mack
Invoice plus $4,200.00
2 07207
Heavy Duty Trucks, Class 7 Hino
Trucks
Price(Contract/Bid)
Material Text:
Trucks, Heavy Duty, Hino Trucks
Invoice plus $3,000.00
1 EA
3 07208 Heavy Duty Trucks, Class 8 Mack
Price(Contract/Bid) 1 EA
Material Text:
Trucks, Heavy Duty, Class 8 Mack
Invoice plus $4,200.00
4 07208 Heavy Duty Trucks, Class 8 Volvo
Price(Contract/Bid) 1 EA
Material Text:
Trucks, Heavy Duty, Class 8 Volvo Trucks
Invoice plus $4,200.00
TERMS AND CONDITIONS APPLICABLE TO CONTRACTS
1 1 Nb9�;
1.00 USD
1.00 USD
1. This is notice that the Contract referenced above has been awarded to you based on the bid or proposal you submitted. All terms,
conditions and specifications of the solicitation, when the result of a solicitation, will apply to all orders.
2. Any County agency authorized to purchase from this Contract must issue a release Purchase Order and reference the Contract number
and line number for each of the goods and/or services on the Contract.
3. This is not an order to ship goods or begin services. A release Purchase Order must be issued before you are authorized to ship goods
or begin services.
4. Changes in goods to be furnished or services to be performed are not permitted unless approved by the Office of Purchasing prior to
goods being shipped or services being performed. Prior approval of the Office of Purchasing is also required before goods or services can
be added or deleted.
5. The Contractor must supply actual goods and services ordered at the Contract price.
Howard County, Maryland
OFFICE OF PURCHASING
6751 Columbia Gateway Drive, Suite 501
Columbia, MD 21046
(410) 313-6370
Tax Exemption No. 30001219
Page: 3 / 3
Contract Number: 4400003267
6. Contractors must maintain, in full force and current, the insurance coverage required under the terms and conditions of this Contract
while this Contract is in effect, including any renewals thereof.
7. The County is exempt from State and Federal Excise Taxes. Maryland Sales and Use Tax Exemption Certificate No. 30001219.
8. Invoices for release Purchase Orders against this Contract must include:
a. Contractor#s name;
b. Address;
c. Federal tax identification number;
d. Contract number (the first two digits are 44XXXXXXXX) and Contract Line number (shown under each item description as
44XXXXXXXXX/X # the last digit is the Contract Line number);
e. Purchase Order number (the first digit is 2XXXXXXXXX);
Unit price and extended price (the unit price must match a Contract Line on the Contract); and
g. Description of goods provided and/or services performed as show on this Contract.
9. Termination
a. Termination for Convenience: The County may terminate this Contract, in whole or in part, whenever the County determines that such
termination is in the best interest of the County, without showing cause, upon giving at least 30 days written notice to the Contractor. The
County shall pay all reasonable costs incurred by the Contractor up to the date of termination. However, in no event shall the Contractor be
paid an amount which exceeds the price bid for the work performed or goods delivered. The Contractor shall not be reimbursed for any
profits which may have been anticipated but which have not been earned up to the date of termination.
b. Termination for Default: When the Contractor has not performed or has unsatisfactorily performed one or more material terms of the
Contract, the County may terminate the Contract for default. Upon termination for default, payment may be withheld at the discretion of the
County. Failure on the part of a Contractor to fulfill the Contractual obligations of this Contract shall be considered just cause for termination
of the Contract. If the damages exceed the undisbursed sums available for compensation, the County shall not be obligated to make any
further disbursements hereunder. The Contractor will be paid for work satisfactorily performed prior to termination less any excess costs
incurred by the County in reprocuring and completing the work or obtaining the goods.
10. Remedies for Default
The County shall have the right upon the happening of any default, without providing notice to the Contractor:
In addition to other available rights and remedies, to terminate the Contract immediately, in whole or in part;
ii. To suspend the Contractor#s authority to receive any undisbursed funds; and/or
iii. To proceed at any time or from time to time to protect and enforce all rights and remedies available to the County, by suit or any other
appropriate proceedings, whether for specific performance of any covenant, term or condition set forth in this Contract, or for damages or
other relief, or proceed to take any action authorized or permitted under applicable law or regulations.
b. Upon termination of this Contract for default, the County may elect to pay the Contractor for services provided and/or goods delivered up
to the date of termination, less the amount of damages caused by the default. If the damages exceed the undisbursed sums available for
compensation, the County shall not be obligated to make any further disbursements hereunder.
11. Remedies Cumulative and Concurrent
No remedy herein conferred upon or reserved to the County is intended to be exclusive of any other remedies provided for in this Contract,
and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder, or under this
Contract, or now or hereafter existing at law or in equity or by statute. Every right, power and remedy given to the County shall be
concurrent and may be pursued separately, successively or together against the Contractor, and every right, power and remedy given to the
County may be exercised from time to time as often as may be deemed expedient by the County.
Buyergao
Authorized Signature
NEW TRUCK
QUOTATION
2021 Mack GR42F
Quantity: 1
Quotation Reference: 0
Prepared for: Washington County
f3�r�i�[!�.`li1►lilli��.�►'�I
Base Selling Price
F.R.E.T.
Title Ta 0.00%
Title Fe
Lien Fee
Tag Fee
Sub -Total
Extended Warranties
Total Sale Price
$205,500.00
$0.00
$0.00
$0.00
$0.00
$0.00
$205,500.00
$3,318.00
$208,818.00
Total Price 1 Vehicles $208, 818 . OC
Minus Trade Value (s)
Minus Customer Deposit
$0.00
$0.00
Cotal Due at Signing $208,818.00
Notes: Price is inclusive of the Howard County $4,200 contract fee
as per its terms.
Prepared by: Parker
May 22, 2020
Extended Warranties Included:
options Included in Price:
Open Session Item
SUBJECT: Fort Ritchie – Contract Extension
PRESENTATION DATE: June 30, 2020
PRESENTATION BY: Kirk C. Downey, County Attorney
RECOMMENDATION: Move to approve the Fifth Amendment to the Contract of
Sale and authorize its execution.
REPORT-IN-BRIEF: Fort Ritchie Contract Extension
DISCUSSION: The contract purchaser of Fort Ritchie requires a contract
extension to allow for the Marhle litigation to be resolved. The contract extension is necessary if
the transaction is to proceed to settlement.
FISCAL IMPACT: Additional carrying costs of the property during the extension; loss
of proceeds from the sale if not extended.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Fifth Amendment of Contract of Sale
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
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FIFTH AMENDMENT TO
AGREEMENT OF SALE OF REAL PROPERTY
THIS FIFTH AMENDMENT TO AGREEMENT OF SALE OF REAL PROPERTY (“Fifth
Amendment”) is effective as of this __ day of June, 2020, by and between the BOARD OF COUNTY
COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND, a body corporate and politic and a
political subdivision of the State of Maryland (“Seller”), and JOHN W. KRUMPOTICH, and/or
ASSIGNS (“Buyer”), with Seller and Buyer being hereinafter sometimes collectively referred to as the
“Parties”.
EXPLANATORY NOTE:
WHEREAS, Seller and Buyer did enter into a certain Agreement of Sale of Real Property, dated
November 5, 2019, as amended by a certain First Amendment to Agreement of Sale of Real Property
dated January 16, 2020, a certain Second Amendment to Agreement of Sale of Real Property dated March
3, 2020, and a Third Amendment to Agreement of Sale of Real Property dated April 6, 2020, and a
Fourth Amendment to Agreement of Sale of Real Property dated June 2, 2020 (hereinafter collectively
referred to as the “Agreement”), pursuant to which Seller agreed to sell certain real property located in
Washington County, Maryland, commonly known as the Fort Richie Military Installation and as further
described therein (the “Property”), with all defined terms as set forth herein having the same meanings as
set forth and defined in the Agreement unless otherwise expressly noted, and
WHEREAS, on April 2, 2020, Craig Mahrle did file a Complaint for Declaratory Judgment and
Injunctive Relief against Seller and Buyer in the Circuit Court for Washington County, Maryland (the
“Court”), referenced as Case No. C-21-CV-20-000183 (the “Litigation”), which among other things,
challenges and seeks to prevent the sale of the Property from the Seller to the Buyer, and as such
constitutes a cloud of title and a lis pendens on the Property; and
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WHEREAS, on April 15, 2020 and April 20, 2020, Seller and Buyer, respectively, filed motions
with the Court, requesting dismissal of the Litigation; and
WHEREAS, on May 12, 2020, the Court filed an Opinion and Order granting the motions of
Seller and Buyer and dismissing the Litigation (the “Dismissal Order”); and
WHEREAS, under Maryland law, the Dismissal Order is subject to a thirty (30)-day appeal period
which expires on June 11, 2020 (the “Appeal Period”), and as such, the disposition of the Litigation is not
final until the Appeal Period has run and expired; and
WHEREAS, on June 9, 2020, Craig Mahrle did file a Notice of Appeal to the Court of Special
Appeals, referenced as Case No. CSA-REG-0327-2020 (the “Appeal”); and
WHEREAS, due to the existence of the Appeal, Seller cannot deliver title to the Buyer as required
by Paragraph 9(a) of the Agreement by the extended Closing Date of June 30, 2020, and as a result
thereof, the Parties have agreed to further extend the Closing Date in order to allow the Appeal to be
resolved.
NOW, THEREFORE, in consideration of the mutual promises herein contained, to be kept and
observed by the respective Parties hereto, and for other good and valuable consideration by each of the
Parties hereto unto the other in hand paid, the receipt and sufficiency of which are hereby acknowledged,
the Parties agree as follows:
1. The introductory clause and Explanatory Note set forth above accurately reflect the
understanding of the Parties and by this reference are incorporated herein and made a part hereof. Any
and all defined terms as set forth in this Fifth Amendment shall have the same meaning and definition as
set forth in the Agreement unless expressly provided otherwise hereunder.
2. In order to allow time for Seller to continue to obtain the successful resolution of the
Appeal and cause it to be dismissed and finally resolved, the Closing Date set forth in Paragraph 4 of the
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K17004\000002\4812-6968-6464.v2
Agreement is hereby further extended until the earlier of either the date the Appeal is fully resolved and
concluded with no further proceedings pending or being pursued by Craig Mahrle or October 31, 2020;
with it being expressly understood and agreed between the Parties that inasmuch as such extension is not
due to any fault of Buyer, no extension fee or additional Deposit from Buyer is due or required. From and
after the date hereof, any and all references to the Closing Date as set forth in the Agreement shall mean
and refer to the earlier of the two dates detailed in this paragraph of this Fifth Amendment.
3. With respect to the Appeal, Seller hereby agrees to proceed to fully and vigorously defend
the Appeal and immediately seek to have the Appeal dismissed or successfully concluded with prejudice
so that it no longer constitutes a cloud of title and lis pendens on the Property; time being of the essence.
Notwithstanding the extension of the Closing Date as herein provided, because of the Appeal, Seller
acknowledges that: (a) while the Appeal is pending, Seller will not be able to convey the Property to
Buyer in accordance with the requirements of the Agreement (as the continuing Appeal constitutes a
“Title Defect” under paragraph 9. (a) of the Agreement which was not in existence of the date of the title
report as described in such paragraph); and (b) in the event the Appeal is not resolved in the time
contemplated or is resolved unsuccessfully, Buyer, in order to preserve and protect its current investment
in the Property, shall have no alternative other than to avail itself of all rights and remedies under the
Agreement, including but not limited to all of the Buyer’s rights under Paragraph 13 thereof.
4. In all other respects, not specifically modified in this Fifth Amendment, the terms,
conditions, provisions, covenants, and agreements set forth in the Agreement, shall remain in full force
and effect, and any conflicts among the terms of the Agreement and the terms of this Fifth Amendment
shall be resolved in favor of the terms of this Fifth Amendment. Any and all defined terms set forth herein
shall have the same meaning as set forth in the Agreement, except as modified herein.
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5. The Parties do hereby expressly ratify and confirm all terms and provisions of the
Agreement, as amended hereby, and nothing as set forth herein shall serve to nullify or constitute a waiver
of any of Buyer’s rights under the Agreement, including all of the Buyer’s rights under Paragraph 13 of
the Agreement.
6. This Fifth Amendment shall only be valid and enforceable upon the execution hereof by
the Parties and may be executed and delivered in any number of counterparts, each of which so executed
and delivered shall be deemed to be an original and all of which shall constitute one and the same
instrument. This Fifth Amendment may be circulated to the respective Parties for execution by facsimile
or other electronic transmission and such copy of this Fifth Amendment shall be sufficient to bind the
parties to the terms, conditions, and provisions hereof. The signatures of the Parties need not appear on the
same counterpart of this Fifth Amendment provided that each party has fully executed a counterpart
hereof.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, Seller and Buyer have caused this Fifth Amendment to be executed
as of the day and year first above written.
WITNESS: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
______________________________ BY:_____________________________(SEAL)
Jeffrey A. Cline, President
SELLER
WITNESS
______________________________ _________________________________(SEAL)
John W. Krumpotich
BUYER