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HomeMy WebLinkAbout190611a Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting. , BOARD OF COUNTY COMMISSIONERS June 11, 2019 OPEN SESSION AGENDA 08:00 A.M. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE CALL TO ORDER, President Jeffrey A. Cline APPROVAL OF MINUTES – June 4, 2019 08:05 A.M. CLOSED SESSION (To discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; or any other personnel matter that affects one or more specific individuals; to consult with counsel to obtain legal advice on a legal matter; to consult with staff, consultants, or other individuals about pending or potential litigation.) 10:00 A.M. RECONVENE IN OPEN SESSION 10:05 A.M. COMMISSIONERS’ REPORTS AND COMMENTS 10:15 A.M. REPORTS FROM COUNTY STAFF 10:25 A.M. CITIZENS PARTICIPATION 10:35 A.M. 2019-2020 PROPERTY AND CASUALTY INSURANCE RENEWALS – Tracy McCammon, Risk Management Administrator, Division of Health and Human Services and Anthony Davis, Aon Risk Solutions 10:40 A.M. FY20 SCHOOL BASED HEALTH CENTER GRANT – APPROVAL TO SUBMIT APPLICATION – Allison Hartshorn, Grant Manager, Office of Grant Management 10:45 A.M. PASSENGER TERMINAL EXPANSION – APPROVAL TO SUBMIT APPLICATION AND ACCEPT AWARDED FUNDING – Allison Hartshorn, Grant Manager, Office of Grant Management and Garrison Plessinger, Director, Hagerstown Regional Airport 10:50 A.M. PERSONNEL AND RECRUITING CHANGES – Sheriff Douglas Mullendore, Washington County Sheriff’s Office 11:00 A.M. PUBLIC HEARING – AGRICULTURAL PRESERVATION EASEMENT RANKINGS FY2020 – Eric Seifarth, Rural Preservation Administrator, Department of Planning & Zoning and Chris Boggs, Land Preservation Planner, Department of Planning & Zoning Jeffrey A. Cline, Terry L. Baker, Vice President Krista L. Hart, Clerk Cort F. Meinelschmidt Randall E. Wagner Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting. 11:15 A.M. IDDE (ILLICIT DISCHARGE DETECTION AND ELIMINATION) – Dan DiVito, Director, Division of Environmental Management and John Swauger, Stormwater Regulatory Coordinator, Division of Environmental Management 11:25 A.M. WATER QUALITY BUDGET TRANSFER – GovDeals – Mark D. Bradshaw, P.E., Deputy Director, Division of Environmental Management 11:30 A.M. PROPERTY ACQUISITION FOR WIDENING OF EASTERN BOULEVARD – Todd Moser, Real Property Administrator, Division of Engineering and Scott Hobbs, Director, Division of Engineering 11:35 A.M. CONTRACT AWARD (PUR-1421) DIVISION OF ENGINEERING – ENGINEERING SERVICES REQUIREMENTS CONTRACT - Rick Curry, CPPO, Director, Purchasing Department and Scott Hobbs, Director, Division of Engineering 11:40 A.M. CONTRACT AWARD (PUR-1423) COMPREHENSIVE HEALTH CARE SERVICES FOR INMATES - Rick Curry, CPPO, Director, Purchasing Department and Major Craig Rowe, Warden, Washington County Detention Center 11:45 A.M. SOLE SOURCE PROCUREMENT AWARD FOR FAMILY CENTERED SUPPORT SERVICES IN WASHINGTON COUNTY - Rick Curry, CPPO, Director, Purchasing Department and Allison Hartshorn, Grant Manager, Office of Grant Management 11:55 A.M. FY2020 OPIOID OPERATIONAL COMMAND CENTER GRANT – Stephanie Lapole, Senior Grant Manager, Office of Grant Management and Rebecca Hogamier, Program Director, Washington County Sheriff’s Office, Day Reporting Center 12:00 P.M. HOTEL RENTAL TAX FUNDING REQUEST - MARYLAND SYMPHONY ORCHESTRA – Susan Buchanan, Director, Office of Grant Management and Emily Socks, Maryland Symphony Orchestra 12:05 P.M. FISCAL YEAR 2020 GOALS, ADMINISTRATOR AND BOARD – Robert Slocum, County Administrator 12:15 P.M ADJOURNMENT As time allows, the Board of County Commissioners will join staff in the parking lot of 100 West Washington Street to recognize C&O Taco for their “1st Place” win in the “2017 Hub City Business Competition” Open Session Item SUBJECT: 2019-2020 Property and Casualty Insurance Renewals PRESENTATION DATE: June 11, 2019 PRESENTATION BY: Tracy McCammon, Risk Management Coordinator, Division of Health & Human Services and Anthony Davis, Aon Risk Solutions RECOMMENDED MOTION: Move to renew the liability policies with Travelers Insurance Company, the property and equipment policies with Local Government Insurance Trust and the airport liability policy with Global Aerospace. REPORT-IN-BRIEF: Renewal quotes from insurance carriers are reflected on the attached premium comparison. The premiums are within the projected FY 2020 budget. DISCUSSION: Due to ongoing successful efforts of Aon, renewal quotes from carriers are within budgeted increases FISCAL IMPACT: Premiums for FY 2020 are $1,208,655. CONCURRENCES: Chief Financial Officer ALTERNATIVES: Lapse of insurance policies ATTACHMENTS: Premium comparison AUDIO/VISUAL NEEDS: None Board of County Commissioners of Washington County, Maryland Agenda Report Form Line of Coverage FY2019 FY2020 $Change % Travelers Pkg – Auto Liability (Incl. Buses) $360,829 $381,507 $20,678 5.7% Pkg - Auto PD (Incl. Buses) $73,186 $78,841 $5,655 7.7% Pkg – GL, Liquor, Products, EBL $143,661 $135,094 ($8,567) -6.0% Pkg – Law (Incl. Dispatch E&O) $200,471 $193,940 ($6,531) -3.3% Pkg - Excess Liability $81,686 $81,943 $257 0.3% Pkg – Management Liability $36,283 $34,857 ($1,426) -3.9% Pkg – Employment Practice Liability (EPL) $55,656 $54,912 ($744) -1.3% Pkg – Crime $6,057 $6,044 ($13) -0.2% Pkg - CyberFirst $10,219 $18,266 $8,047 78.7% $968,048 $985,404 $17,356 1.8% Airport Liability $13,995 $13,995 $0 0.0% Property $187,858 $190,676 $2,818 1.5% Inland Marine $9,650 $9,710 $60 0.6% Boiler & Machinery $8,820 $8,870 $50 0.6% $220,323 $223,251 $2,928 1.3% Open Session Item SUBJECT: FY20 School Based Health Center Grant – Approval to Submit Application PRESENTATION DATE: June 11, 2019 PRESENTATION BY: Allison Hartshorn, Grant Manager, Office of Grant Management RECOMMENDED MOTION: Move to approve the submission of the grant application for the FY20 School Based Health Center Grant Program to the Maryland State Department of Education in the amount of $200,384 and accept awarded funding. REPORT-IN-BRIEF: The Washington County Office of Grant Management, on behalf of and at the direction of the Local Management Board is seeking approval to submit an application to the Maryland State Department of Education requesting funding for School Based Health Centers in Washington County. DISCUSSION: Currently there are two School Based Health Centers in Washington County which are located at South Hagerstown High School and Western Heights Middle School. The Centers provide exams, prescriptions, immunizations, nutritional assessments, orders lab work and assists in the management of chronic conditions such as asthma and diabetes, etc. Meritus Medical Center is the vendor contracted to provide these services. Funding in the amount of $10,019 is included in the award for County administrative support. FISCAL IMPACT: Provides $10,019 for County administrative expenses. CONCURRENCES: The Local Management Board approves the submission of the proposal and recommends the acceptance of this award. ALTERNATIVES: Deny approval for submission of this request ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: Passenger Terminal Expansion – Approval to Submit Application and Accept Awarded Funding PRESENTATION DATE: June 11, 2019 PRESENTATION BY: Allison Hartshorn, Grant Manager, Office of Grant Management, and Garrison Plessinger, Director, Hagerstown Regional Airport RECOMMENDED MOTION: Move to approve the submission of a funding request to the Federal Aviation Administration in the amount of $5,400,000, accept awarded funding and approve corresponding budget adjustment. REPORT-IN-BRIEF: The proposed funding is for The Hagerstown Regional Airport to expand the Terminal Building and installation of a passenger boarding bridge. DISCUSSION: The proposed funding is for The Hagerstown Regional Airport to expand the terminal building to accommodate the increased number of passengers and baggage moving through the terminal building. The passenger terminal currently has a hold room with a capacity of 100 passengers and is inadequate to support the current commercial service operations. Due to the use of larger aircraft with approximately 166 - 180 passengers, it has become increasing difficult to accommodate the arriving and departing passengers with the current facilities. Installation of a passenger boarding bridge is included in the project as well. There is a matching requirement of 5% for Washington County along with a 5% match provided by the Maryland Aviation Administration. Federal Aviation Administration (90%) $5,400,000 Maryland Aviation Administration (5%) $300,000 Washington County (5%) $300,000 $6,000,000 FISCAL IMPACT: There is a 5% match associated in the amount of $300,000 which was approved in the Airport’s CIP budget BLD082. CONCURRENCES: Director, Office of Grant Management ALTERNATIVES: Deny submission of the application ATTACHMENTS: Budget adjustment form AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Budget Amendment - Increases or decrease the total spending authority of an accounting fund or department Budget Transfer - Moves revenues or expenditures from one account to another or between budgets or funds. Transaction/Post -Finance Deputy Director - Finance Preparer, if applicable Date: 2019.06.04 09:09:23 -04'00' Washington County, Maryland Budget Adjustment Form Department Head Authorization Division Director / Elected Official Authorization Budget & Finance Director Approval Required approval with date If applicable with date Required approval with date County Administrator Approval Required approval with date County Commissioners Approval Required > $ 25,000 with date Expenditure / Account Number Fund Number Department Number Project Number Grant Number Activity Code Department and Account Description Increase (Decrease) + / - 498745 35 45040 BLD082 OTHR Capital Transfer - Airport 46,000 599999 35 45040 BLD082 CNST Passenger Terminal Hold Room Expansion 46,000 Explain Amount needed for local match of $5.4M grant approved by the FAA. This additional match will be taken out of capital reserves. Budget Adjustment Required Action by County Commissioners No Approval Required Approval Required Approval Date if Known Jun 4, 2019 Jun 4, 2019 Open Session Item SUBJECT: Personnel and Recruiting Changes PRESENTATION DATE: June 11, 2019 PRESENTATION BY: Sheriff Douglas Mullendore RECOMMENDED MOTION: Motion to Approve REPORT-IN-BRIEF: The proposal would be to convert the part-time civilian security guard positions in the Judicial Division to part-time sworn deputies with full police authority. DISCUSSION: See the attached justification for this personnel request. FISCAL IMPACT: There would be no fiscal impact for the three current vacant positions because we would reduce our overtime budget to cover the salaries ($34,000.00) for this change in positions. However, as we replace the remaining four security guard positions with part-time sworn deputies, the cost would be $8,000 per year per position. The remaining four positions would have a total cost of $32,000. CONCURRENCES: N/A ALTERNATIVES: Do nothing which will require a request in the FY21 budget for two full- time deputy positions. ATTACHMENTS: Justification fact sheet and Cost Analysis AUDIO/VISUAL NEEDS: None Board of County Commissioners of Washington County, Maryland Agenda Report Form Office of the Sheriff: Washington County OFFICE: 240-313-2101 500 Western Maryland Parkway FAX: 240-313-2105 Hagerstown, MD 21740-5199 Email: dmullendore@washco-md.net Sheriff Douglas W. Mullendore TO: Budget and Finance and Human Resources FROM: Sheriff Doug Mullendore DATE: January 5, 2019 REF: Request for reclassification of the Security Officer Position to a part-time Judicial Sworn Deputy Position. We are proposing to change the current Security Guard position and upgrade it to a part-time sworn deputy position through attrition. This position would work a maximum of 29 hours per week with no benefits. We would hire this position from a pool of retired or current police officers who still have their Maryland Police and Standards Training Commission Certification or were eligible to continue this certification. This would allow them to make arrests and carry a handgun which our current Security Guard positions cannot do. This request will assist us in covering the new 6th Circuit Court Judge that was approved by the Maryland Legislature in the 2019 session. We have had great difficulty using the Security Guard in any role other than a civilian with the need to team them up with a sworn deputy. In addition, they are presently paid an average of approximately $12.31 an hour which has made it almost impossible to hire quality personnel to fill this position. By switching to part-time Sworn Deputies, we have a lot more flexibility within the Judicial Division because we can use these deputies anywhere we currently use full-time sworn deputies. They could be used in the courtrooms for security, used in the County Administration building for security, they can man the front entrance to the Circuit Courthouse without the need for additional personnel, they can transport prisoners, and they can also serve summons, etc. Using part-time sworn personnel would save money in the long run because we can use the part-time position in some cases to provide security for court that goes past business hours. They can also be used in the County Administration building for building security when there are evening meetings. They can be used as a second deputy when doing extraditions, monitoring inmates in the holding area, etc. They can even be used to make checks at the Library and 80 W Baltimore St which we cannot have our Security Guards do. All of these duties requires a sworn deputy and thus we would be saving on overtime as well as not paying benefits. Having this flexibility will prove invaluable in light of having a sixth Circuit Court Judge in the very near future. We currently have four part-time Security Guards where we normally have seven. We are proposing to hire three part-time Sworn Deputies to fill the vacant slots at no additional increase to the budget. However, through attrition we will replace the remaining four Security Guards who leave employment with part-time Sworn Deputy positions at a cost of $8,000 per year per position. We are requesting the salary for the part-time Sworn Deputy position to be the starting hourly wage of a Sworn Deputy Sheriff which is currently $21.24 per hour. However, they would receive no benefits. We are not requesting any additional funds to fulfill this request. We will be able to reduce our overtime budget enough through the proper management of resources to cover the additional cost. We will eventually phase out the Security Guard position entirely and have only the part- time Sworn Deputy position. If this request is approved, we will reduce our overtime budget by $42,347.00 to cover the additional cost. The flexibility this change will make will greatly assist us in providing quality service to the Circuit Courthouse and the County. New/Elimination Position Account : 500155 Part-Time Position $39,210 $3,137 $0 $42,347 * ● 2,562 34,592 through attrition. See attached memo for additional details). Deputy PAT3 1 R 32,030 (4,550)(61,430) and replacing them with part-time Sworn Deputies. Then through with Part-time Sworn Deputies as these positions become vacant. Eliminate three (3) Current Security Guards WCC3 1 R -56,880 2,562 34,592 through attrition. See attached memo for additional details). Total Benefits (A memo may be attached if detail support is needed. Please Deputy PAT3 1 R 32,030 34,592 through attrition. See attached memo for additional details). Position Title Grade Step *Regular or Temp. Salary Deputy PAT3 1 R 32,030 2,562 Washington County, Maryland New/Elimination Position Request Form FY 2020 Department Number: 11300 Department Name: Sheriff - Judicial Budget Amendment - Increases or decrease the total spending authority of an accounting fund or department Budget Transfer - Moves revenues or expenditures from one account to another or between budgets or funds. Transaction/Post -Finance Deputy Director - Finance Preparer, if applicable Edlund Date: 2019.05.30 15:18:54 -04'00' Washington County, Maryland Budget Adjustment Form Department Head Authorization Division Director / Elected Official Authorization Budget & Finance Director Approval Required approval with date If applicable with date Required approval with date County Administrator Approval Required approval with date County Commissioners Approval Required > $ 25,000 with date Expenditure / Account Number Fund Number Department Number Project Number Grant Number Activity Code Department and Account Description Increase (Decrease) + / - 501000 10 12700 Debt - Bond Principal -190,000 515285 10 11320 Detention Center - Medical Fees 190,000 Explain The medical contract bids came in over the FY20 budgeted amount for medical fees in the detention center. Debt service can be reduced due to securing a Budget Adjustment lower interest rate on bonds than expected. Required Action by County Commissioners No Approval Required Approval Required Approval Date if Known May 30, 2019 May 31, 2019 Open Session Item SUBJECT: PUBLIC HEARING - Agricultural Preservation Easement Rankings FY 2020 PRESENTATION DATE: June 11, 2019 PRESENTATION BY: Eric Seifarth, Rural Preservation Administrator and 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: 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 2019. 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: Priority Ranking List, Ranking Checklist AUDIO/VISUAL NEEDS: PDF County Map of Applicants Board of County Commissioners of Washington County, Maryland Agenda Report Form Keadle Strite, Joel Hendershot Long Horst, Brent et al Horst, Keith et al EDDN LLC Houser IzerMyer Corwell Baker Strite, Dawn Bowers Rhoderick Shank Eby Hagerstown Boonsboro Williamsport Keedysville Smithsburg Funkstown Sharpsburg Clear Spring 2020 MALPP Applicants ® 0 1.5 3 4.5Miles WARNING!: This map is for internal use by the Washington County Planning Department. It is not for general distribution to the public, and should not be scaled or copied. Sources of the data contained hereon are from various public agencies which may have use restrictions and disclaimers The parcel lines shown on this map are derived from a variety of sources which have their own accuracy standards. The parcel lines are approximate and for informational purposes ONLY. They are not guaranteed by Washington County Maryland or the Maryland Department of Assessments and Taxations to be free of errors including errors of omission, commission, positional accuracy or any attributes associated with real property. They shall not be copied, reproduced or scaled in any way without the express prior written approval of Washington County Maryland Planning and Zoning Department. This data DOES NOT replace an accurate survey by a licensed professional and information shall be verified using the relevant deeds, plats and other recorded legal documents by the user. 0 7,500 15,000 22,500 30,000 37,500Feet Printed: Wednesday, May 29, 2019 Printed by: cboggs RA N K OW N E R PO T E N T I A L # O F L O T S LO C A T I O N FA R M T Y P E AC R E S DI S T R I C T N O . SO I L S / P A R C ( 1 ) Lo t D e v ( 2 A ) DE N S I T Y ( 2 B ) PR E V A P P ( 3 ) PR O X E A S E ( 4 ) EC O N V I A B L I T Y ( 5 ) PP A ( 6 ) SO I L P L A N ( 7 ) AG M I S C ( 8 ) DI S T U G A ( 9 ) SU B A C T I V ( 1 0 ) TO T A L 1 Baker 7 BO Crop 54.82 AD-18-031 10.902 2 Bowers 7 WI Crop 52.09 AD-16-003 10.344 3 Corwell 14 CS Crop 189.18 AD-18-021 12.376 4 Eby 11 HN Dairy 98.27 AD-18-005 12.414 5 EDDN LLC 7 BO Beef 180.61 AD-95-001 14.320 6 Hendershot 7 CS Dairy 168.95 AD-90-036 13.680 7 Horst, Brent etal 6 CS Dairy 113.04 AD-16-002 15.472 8 Horst, Keith etal 20 CS Dairy 193.61 AD-16-010 11.792 9 Houser 7 WI Dairy 130.81 AD-18-015 12.976 10 Izer 6 WI Beef 127.07 AD-99-001 12.120 11 Keadle 7 BO Dairy 139.06 AD-18-018 15.768 12 Long 7 WI Dairy 163.88 AD-90-018 12.520 13 Myer 7 WI Crop 103.11 AD-18-004 10.848 14 Rhoderick 7 HN Dairy 149.08 AD-17-001 14.576 15 Shank 7 HN Crop 105.49 AD-98-006 13.968 16 Strite, Eric 14 SM Crop 140.04 AD-90-019 12.630 Open Session Item SUBJECT: Illicit Discharge Detection and Elimination (IDDE) PRESENTATION DATE: June 11, 2019 PRESENTATION BY: Dan DiVito, Directo, Division of Environmental Management, John Swauger, Stormwater Regulatory Coordinator. RECOMMENDED MOTION: Consensus to start the ordinance adoption process by first BOCC review and approval, then public hearing, then ordinance adoption. REPORT-IN-BRIEF: Washington County has been identified, by the Maryland Department of Environment (MDE) as being located within an urbanized area according to the 2010 U.S. Census. After applying the designation criteria, MDE has found that the County’s stormwater discharges result in or have the potential to result in exceedances of water quality standards or other significant water quality impacts. As a result, the County has been designated for coverage under the National Pollutant Discharge Elimination System (NPDES) general permit for discharges from Small Municipal Separate Storm Sewer Systems (MS4). One of the minimum control measures (MCM) of the permit is the requirement to develop, implement, and enforce a program to detect and eliminate illicit discharges into the MS4 in accordance with 40 CFR § 122.34(b)(3). A permittee will satisfy this MCM by adopting an ordinance or other regulatory means that prohibits illicit discharges into the MS4, field screening outfalls, inspecting the MS4 to identify sources of illicit discharges, eliminating illegal connections or illicit discharges, and enforcing penalties where appropriate. The illicit discharge program must also address illegal dumping and spills. The program sets up guidelines for identifying potential sources of illegal discharges and implements methods to promote remediation. Once the ordinance is adopted, the county can then move forward with Memorandums of Understanding (MOU) with the towns of Williamsport, Boonsboro, and Smithsburg. The MOU establishes a basis for cooperation between the towns and county in implementing the NPDES MS4 general permit. The towns will use the adopted county IDDE Ordinance as a template to develop and implement their own ordinances. DISCUSSION: Discussion of Draft IDDE ordinance FISCAL IMPACT: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form CONCURRENCES: County Attorney ALTERNATIVES: Do not start ordinance adoption process. ATTACHMENTS: Draft IDDE Ordinance AUDIO/VISUAL NEEDS: None WASHINGTON COUNTY ILLICIT DISCHARGE DETECTION AND ELIMINATION ORDINANCE Board of County Commissioners for Washington County, Maryland Approved by BCC: Effective: Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 i TABLE OF CONTENTS ARTICLE I 1 GENERAL PROVISIONS 1 SECTION 1. PURPOSE AND INTENT 1 SECTION 2. DEFINITIONS 1 SECTION 3. APPLICABILITY 4 SECTION 4. RESPONSIBILITY FOR ADMINISTRATION 4 SECTION 5. SEVERABILITY 4 SECTION 6. COMPATIBILITY WITH OTHER REGULATIONS 4 SECTION 7. LIMITS ON LIABILITY 4 ARTICLE II 5 ILLICIT DISCHARGES 5 SECTION 8. DISCHARGE PROHIBITIONS 5 SECTION 9. WATERCOURSE PROTECTION 6 ARTICLE III 7 COMPLIANCE REQUIREMENTS 7 SECTION 10. INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES 7 SECTION 11. MONITORING OF DISCHARGES 7 SECTION 12. REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORMWATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES 10 SECTION 13. NOTIFICATION OF SPILLS 10 ARTICLE IV 11 VIOLATIONS; ENFORCEMENT 11 SECTION 14. VIOLATIONS, ENFORCEMENT, AND PENALTIES 11 SECTION 15. APPEAL OF NOTICE OF VIOLATION 15 SECTION 16. ENFORCEMENT MEASURES AFTER APPEAL 15 SECTION 17. COST OF ABATEMENT OF THE VIOLATION 15 SECTION 18. INJUNCTIVE RELIEF 16 SECTION 19. VIOLATIONS DEEMED A PUBLIC NUISANCE 16 SECTION 20. REMEDIES NOT EXCLUSIVE 16 Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 1 ARTICLE I General Provisions SECTION 1. PURPOSE AND INTENT The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of Washington County, Maryland, through the regulation of Non-Stormwater Discharges to the Storm Drainage System to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of Pollutants into the Municipal Separate Storm Sewer System (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this ordinance are: (1) To regulate the contribution of Pollutants by any user to the Municipal Separate Storm Sewer System (MS4) by Stormwater Discharges; (2) To prohibit Illicit Connections and Discharges to the Municipal Separate Storm Sewer System; and (3) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this ordinance. SECTION 2. DEFINITIONS For the purposes of this ordinance, the following shall mean: B EST M ANAGEMENT P RACTICE (BMP S ): Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the Discharge of Pollutants directly or indirectly to Stormwater, receiving waters, or Stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. C LEAN W ATER A CT : The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. C ONSTRUCTION A CTIVITY : Activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of one (1) acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. C OUNTY : Washington County, Maryland. Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 2 D IVISION OF E NVIRONMENTAL M ANAGEMENT : Employees or designees of the Washington County Division of Environmental Management designated to enforce this ordinance. H AZARDOUS M ATERIALS : Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. I LLICIT D ISCHARGE : Any direct or indirect Non-Stormwater Discharge to the Storm Drainage System, except as exempted in Section 8 of this ordinance. I LLICIT C ONNECTIONS : An illicit connection is defined as either of the following: A. Any drain or conveyance, whether on the surface or subsurface, which allows an Illicit Discharge to enter the Storm Drainage System including but not limited to any conveyances which allow any Non-Stormwater Discharge including sewage, process wastewater, and wash water to enter the Storm Drainage System and any connections to the Storm Drainage System from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an Authorized Enforcement Agency or, B. Any drain or conveyance connected from a commercial or industrial land use to the Storm Drainage System which has not been documented in plans, maps, or equivalent records and approved by an Authorized Enforcement Agency. I NDUSTRIAL A CTIVITY : Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26(b)(14). M UN I CIPAL S EPARATE S TORM S EWER S YSTEM (MS4): Means municipally-owned facilities where Stormwater is collected and/or conveyed, including, but not limited to, any sidewalks, roads with drainage systems, municipal streets, retention and detention basins, curbs, gutters, inlets, ditches, piped storm drains, pumping facilities, natural and human-made or altered drainage channels, reservoirs, and other drainage structures designed or used for collecting or conveying Stormwater, and that is not used for collecting or conveying sewage. N ATIONAL P OLLUTANT D ISCHARGE E LIMINATION S YSTEM (NPDES) S TORMWATER D ISCHARGE P ERMIT : A permit issued by the United States Environmental Protection Agency (EPA) (or by a state under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 3 Discharge of Pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. N ON -S TORMWATER D ISCHARGE : Any Discharge to the Storm Drainage System that is not composed entirely of Stormwater. P ERSON : Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent. P OLLUTANT : Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, Sediments and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. P REMISES : Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips. S EDIMENT : Settleable solid material that is transported by runoff, suspended within runoff, or deposited by runoff away from its original location. S TORM D RAINAGE S YSTEM : Publicly-owned facilities by which Stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. S TORMWATER : Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation. S TORMWATER P OLLUTION P REVENTION P LAN (SWPPP): A document which describes the Best Management Practices and activities to be implemented by a Person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce Pollutant Discharges to Stormwater, Stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. W ASTEWATER : Any water or other liquid, other than uncontaminated Stormwater, discharged from a facility. W ATERCOURSE : Any waters of the United States and any conveyance that would drain to waters of the United States. Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 4 SECTION 3. APPLICABILITY This ordinance shall apply to all flows entering the Storm Drainage System generated on any developed and undeveloped lands unless explicitly exempted by the County. SECTION 4. RESPONSIBILITY FOR ADMINISTRATION The Division of Environmental Management shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the Division of Environmental Management may be delegated in writing by the Director of the Division of Environmental Management, or his or her duly authorized agent, to persons or entities acting in the beneficial interest of or in the employ of the Division. SECTION 5. SEVERABILITY The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this ordinance. SECTION 6. COMPATIBILITY WITH OTHER REGULATIONS This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulations, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. SECTION 7. LIMITS ON LIABILITY The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore, this ordinance does not intend nor imply that compliance by any Person will ensure that there will be no contamination, pollution, nor unauthorized discharge of Pollutants. Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 5 ARTICLE II Illicit Discharges SECTION 8. DISCHARGE PROHIBITIONS A. Prohibition of Illicit Discharges: No Person shall discharge or cause to be discharged into the municipal Storm Drainage System or Watercourses any materials, including but not limited to Pollutants or waters containing any Pollutants that cause or contribute to a violation of applicable water quality standards, other than Stormwater. The commencement, conduct, or continuance of any Illicit Discharge to the Storm Drainage System is prohibited. The following Discharges are exempt from Discharge prohibitions established by this ordinance: (1) Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated – typically less than one PPM chlorine), and any other water source not containing Pollutants. (2) Discharges or flow from firefighting and other discharges specified in writing by the Division of Environmental Management as being necessary to protect public health and safety. (3) Dye testing subject to a verbal notification to the Division of Environmental Management prior to the time of the test. (4) The prohibition shall not apply to any Non-Stormwater Discharge permitted under an NPDES permit, waiver, or waste Discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency (EPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 6 written approval has been granted for any Discharge to the Storm Drainage System. B. Prohibition of Illicit Connections: (1) The construction, use, maintenance or continued existence of Illicit Connections to the Storm Drainage System is prohibited. (2) This prohibition expressly includes, without limitation, Illicit Connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A Person is considered to be in violation of this ordinance if the Person connects a line conveying sewage to the MS4 or allows such a connection to continue. (4) Improper connections in violation of this ordinance must be disconnected and redirected, if necessary, to an approved onsite Waste Water management system or the sanitary sewer system upon approval of the Division of Environmental Management. (5) Any drain or conveyance that has not been documented in plans, maps or the equivalent, and which may be connected to the Storm Drainage System, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the Division of Environmental Management requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the Storm Drainage System, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the Division of Environmental Management. SECTION 9. WATERCOURSE PROTECTION Every Person owning property through which a Watercourse passes, or such Person’s lessee, shall keep and maintain that part of the Watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the Watercourse. In addition, the owner or lessee shall maintain existing Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 7 privately-owned structures within or adjacent to a Watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the Watercourse. ARTICLE III Compliance Requirements SECTION 10. INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES A. Submission of Notice of Intent to the Division of Environmental Management. (1) Any person subject to an industrial or construction activity NPDES Stormwater Discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Division of Environmental Management prior to the allowing of discharges to the MS4. (2) The operator of a facility, including construction sites, required to have an NPDES permit to Discharge Stormwater associated with Industrial Activity shall submit a copy of the Notice of Intent (NOI) to the Division of Environmental Management at the same time the operator submits the original NOI to the Maryland Department of the Environment or the Environmental Protection Agency as applicable. (3) The copy of the NOI may be delivered to the Division of Environmental Management either in person or by mailing it to: Notice of Intent to Discharge Stormwater Washington County Division of Environmental Management Department of Water Quality 16232 Elliott Parkway Williamsport, MD 21795 SECTION 11. MONITORING OF DISCHARGES A. Applicability This section applies to all facilities that have Stormwater Discharges associated with Industrial Activity, including Construction Activity. Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 8 B. Right of Entry to Facilities having a NPDES Permit for Industrial Activity or Construction Activity. (1) The Division of Environmental Management shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the Division of Environmental Management. (2) Facility operators shall allow the Division of Environmental Management ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge Stormwater, and the performance of any additional duties as defined by state and federal law. (3) The Division of Environmental Management shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Division of Environmental Management to conduct monitoring and/or sampling of the facility’s Stormwater Discharge. (4) The Division of Environmental Management has the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure Stormwater flow and quality shall be calibrated to ensure their accuracy. (5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Division of Environmental Management and shall not be replaced. The costs of clearing such access shall be borne by the operator. (6) Unreasonable delays in allowing the Division of Environmental Management access to a permitted facility is a violation of a Stormwater Discharge permit and of this ordinance. A person who is the operator of a facility with a NPDES permit to Discharge Stormwater associated with Industrial Activity commits an offense if the person denies the Division of Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 9 Environmental Management reasonable access to the permitted facility for the purposes of conducting any activity authorized or required by this ordinance. C. Right of Entry to Facilities without a NPDES Permit for Industrial Activity or Construction Activity. (1) The Division of Environmental Management shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the Division of Environmental Management. (2) The Division of Environmental Management shall have the right to set up such devices as are necessary in the opinion of the Division of Environmental Management to conduct monitoring and/or sampling of the facility’s Stormwater Discharge. (3) The Division of Environmental Management has the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure Stormwater flow and quality shall be calibrated to ensure their accuracy. (4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Division of Environmental Management and shall not be replaced. The costs of clearing such access shall be borne by the operator. D. Search Warrants. If the Division of Environmental Management has been refused access to any part of the premises from which Stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 10 welfare of the community, then the Division of Environmental Management may seek issuance of a search warrant from any court of competent jurisdiction. SECTION 12. REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORMWATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental Discharge of prohibited materials or other wastes into the municipal Storm drainage System or Watercourses through the use of structural and non- structural BMPs. Further, any Person responsible for a property or premise, which is, or may be, the source of an Illicit Discharge, may be required to implement, at said person’s expense, additional structural and non-structural BMPs to prevent the further Discharge of Pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the Discharge of Stormwater associated with Industrial Activity, to the extent practicable, shall be deemed in compliance with the provisions of this section. These BMPs shall be part of a Stormwater Pollution Prevention Plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. SECTION 13. NOTIFICATION OF SPILLS Notwithstanding other requirements of law, as soon as any Person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in Illegal Discharges or Pollutants discharging into Stormwater, the Storm Drainage System, or waters of the United States, said Person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of Hazardous Materials, said Person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the Division of Environmental Management in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Division of Environmental Management, Department of Water Quality, 16232 Elliott Parkway, Williamsport, Maryland, 21795 within three (3) business days of the phone notice. If the Discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for a least three (3) years. Failure to provide notification of a release, as indicated above, is a violation of this ordinance. Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 11 This section does not apply to Sanitary Sewer Overflows as defined by COMAR 26.08.10. ARTICLE IV Violations; Enforcement SECTION 14. VIOLATIONS, ENFORCEMENT, AND PENALTIES A. Violations. It shall be unlawful for any Person to violate any provision or fail to comply with any of the requirements of this ordinance. Any Person who has violated or continues to violate the provisions of this ordinance, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the Division of Environmental Management is authorized to enter upon the subject private property, without given prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The Division of Environmental Management is authorized to seek costs of the abatement as outlined in Section 17. B. Warning Notice. When the Division of Environmental Management finds that any Person has violated, or continues to violate, any provision of this ordinance, or any order issued hereunder, the Division of Environmental Management may serve upon that Person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this subsection shall limit the authority of the Division of Environmental Management to take any action, including emergency action or any other enforcement action, without first issuing a warning notice. C. Notice of Violation. Whenever the Division of Environmental Management finds that a person has violated a prohibition or failed to meet a requirement of this ordinance, the Division of Environmental Management may order compliance by written notice of violation to the responsible person. The notice of violation shall contain: (1) The name and address of the alleged violator; Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 12 (2) The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred. (3) A statement specifying the nature of the violation; (4) A description of the remedial measures necessary to restore compliance with this ordinance and a time schedule for the completion of such remedial action; (5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; (6) A statement that the determination of violation may be appealed to the Washington County Environmental Management Advisory Committee by filing a written notice of appeal within ten (10) business days of service of notice of violation; and (7) A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. Such notice may require without limitation: (a) The performance of monitoring, analysis, and reporting; (b) The elimination of Illicit Connections or Discharges; (c) That violating Discharges, practices, or operations shall cease and desist; (d) The abatement or remediation of Stormwater pollution or contamination hazards and the restoration of any affected property; (e) Payment of a fine to cover administrative and remediate costs; and (f) The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 13 D. Compensatory Action In lieu of enforcement proceedings, penalties, and remedies authorized by this ordinance, the Division of Environmental Management may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. E. Suspension of MS4 Access (1) Emergency Cease and Desist Orders When the Division of Environmental Management finds that any Person has violated, or continues to violate, any provision of this ordinance, or any order issued hereunder, or that the Person’s past violations are likely to recur, and that the Person’s violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the Division of Environmental Management may issue an order to the violator directing it to immediately cease and desist all such violations and directing the violator to: (a) Immediately comply with all ordinance requirements; and (b) Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the Discharge. Any person notified of an emergency order directed to it under this subsection, shall immediately comply and stop or eliminate its endangering Discharge. In the event of a discharger’s failure to immediately comply voluntarily with the emergency order, the Division of Environmental Management may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility’s water supply, sewer connection, or other municipal utility services. The Division of Environmental Management may allow the person to recommence its Discharge when it has demonstrated to the satisfaction of the Division of Environmental Management that the period of endangerment has passed, unless further termination Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 14 proceedings are initiated against the discharger under this ordinance. A person that is responsible, in whole or in part, for any Discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful Discharge and the measures taken to prevent any future occurrence, to the Division of Environmental Management within thirty (30) days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator. (2) Suspension due to Illicit Discharges in Emergency Situations The Division of Environmental Management may, without prior notice, suspend MS4 Discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the Division of Environmental Management may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United State, or to minimize danger to persons. (3) Suspension due to the Detection of Illicit Discharge Any Person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an Illicit Discharge. The Division of Environmental Management will notify a violator of the proposed termination of its MS4 access. The violator may petition the Division of Environmental Management for a reconsideration and hearing. A Person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the Division of Environmental Management. F. Municipal Infraction In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten (10) business days, or such greater period as the Division of Environmental Management shall deem appropriate, the violation shall constitute a municipal infraction and the violator shall be fined as provided in Md. Code, Ann., Local Gov’t, §6-102 for each day the violation remains unremedied after receipt of the notice of violation. Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 15 G. Criminal Prosecution Any person who is found guilty of violating this ordinance shall be guilty of a misdemeanor and shall be subject to a criminal fine not exceeding One Thousand Dollars ($1,000.00) per violation per day and/or imprisonment for a period not to exceed six (6) months. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. SECTION 15. APPEAL OF NOTICE OF VIOLATION Any person aggrieved by the action of any official charged with the enforcement of this ordinance, as the result of issuance of a written notice of violation, or an alleged failure to properly enforce the ordinance in regard to a specific application, shall have the right to appeal the action to the Washington County Environmental Management Advisory Committee. The appeal must be filed in writing within five (5) business days from the date of the notice of violation or determination to the applicant and shall clearly state the grounds on which the appeal is based. SECTION 16. ENFORCEMENT MEASURES AFTER APPEAL If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal within thirty (30) days of the decision of the Washington County Environmental Management Advisory Committee upholding the decision of the Division of Environmental Management, then representatives of the Division of Environmental Management shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. SECTION 17. COST OF ABATEMENT OF THE VIOLATION Within sixty (60) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within ten (10) business days. If the amount due is not paid within a timely manner, as determined by the decision of the Division of Environmental Management, or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this ordinance shall become liable to the County by reason of such violation. The liability shall become due and payable thirty (30) days from the Illicit Discharge Detection and Elimination Ordinance – draft- 4-9-19 16 billing date and will incur interest at the rate of one and one-half percent (1 ½%) per month until paid. All unpaid costs shall constitute a lien against the property. For the purpose of collection, the County may include unpaid costs on the annual tax bill of the property. The unpaid costs shall be collected in the same manner as ordinary taxes are collected, subject to the same interest and penalty for nonpayment as provided by law for nonpayment of County taxes. SECTION 18. INJUNCTIVE RELIEF It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this ordinance. If a person has violated or continues to violate the provisions of this ordinance, the Division of Environmental Management may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. SECTION 19. VIOLATIONS DEEMED A PUBLIC NUISANCE In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. SECTION 20. REMEDIES NOT EXCLUSIVE The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, State, or local law and it is within the discretion of the County to seek cumulative remedies. The County may recover all attorney’s fees, court costs, and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses. Open Session Item SUBJECT: Water Quality Budget Transfer – GovDeals PRESENTATION DATE: June 11, 2019 PRESENTATION BY: Mark D Bradshaw P.E., Deputy Director RECOMMENDED MOTION: Approval of Budget Transfer REPORT-IN-BRIEF: Water Quality requests approval to transfer funds from various operating budget accounts to the Water Quality Equipment/Vehicle Replacement project (VEH007), in the amount of $82,240.00. DISCUSSION: Water Quality sold several pieces of old equipment on GovDeals. When payment was received, the proceeds were deposited into various operating revenue accounts. Since the equipment was originally purchased with enterprise funds from the CIP, we are requesting these funds be transferred back into the CIP vehicle account. FISCAL IMPACT: The transfer of these funds will allow the Department to purchase additional equipment that is needed. Without these funds, the Department would have to postpone the purchase of equipment until it can be funded in future CIP budgets. CONCURRENCES: Director, Division of Environmental Management ALTERNATIVES: NA ATTACHMENTS: Budget Transfer Form and spreadsheet showing GovDeals Sales Board of County Commissioners of Washington County, Maryland Agenda Report Form Washington County, Maryland `o Budget Adjustment Form C Budget Amendment - increases or decrease the total spending authority of an accounting fund or department (: Budget Transfer -Moves revenues or expenditures from one account to another or between budgets or funds. Department Head Authorization Division Director/ Elected Official Authorization Budget & Finance Director Approval County Administrator Approval County Commissioners Approval Transaction/Post -Finance Deputy Director - Finance Preparer, if applicable Required approval with date If applicable with date Required approval with date Required approval with date Required > $ 25,000 with date I Print Form Expenditure / Fund Department project Number Grant Number Activity Code Department and Account Description Increase (Decrease) Account Number Number Number 498740 37 40010 VEH007 Utility Transfer 82,240 599999 37 40010 VEH007 WQ EquipNehicle Replacement 82,240 Explain Water Quality sold several pieces of old equipment on GovDeals. When payment was received the proceeds were deposited into various operating revenue Budget Adjustment accounts. Since the equipment was purchased with enterprise funds from the CIP, we are requesting these funds be transferred back into the CIP vehicle account. On the BOCC Agenda for June 11, 2019. Required Action by (� No Approval Required (: Approval Required Approval Date if [Jun 11, 2019 County Commissioners Known GovDeals Sales Profit Briggs & Stratton 120/240v 58.3/29.2 Amps 40220 1014492314 433 10/29/18 $565.55 $42.42 $523.13 490010-41-41160 2001 Ford F-250 SD XL 4WD F-250 SD 1FTNF21F21EC74680 435 10/29/18 $2,555.00 $191.63 $2,363.38 490010-40-40040 2006 Ford F-350 SD XL 4WD DRW F-350 SD 1FDWF37P26ED91513 436 10/29/18 $2,761.02 $207.08 $2,553.94 490010-40-40040 Generac Corp Generator 277/480v 91.5 Amps 89A01089-S 887570 437 10/29/18 $960.00 $72.00 $888.00 490000-40-40040 Homelite Textron Generator 120/240v 29.2/14.6 Amps 176A35-1C 10612996 438 10/29/18 $12.00 $5.00 $7.00 490000-40-40040 IDE Generator 120/208v 15-TS3 83455B 439 10/29/18 $605.00 $45.38 $559.63 490010-40-40040 IDE Generator 277/480v PARTS ONLY 35-H226 83455 440 11/8/2018 $178.00 $13.35 $164.65 490000-40-40040 John Deere JC272 3 point finishing mower JC272 M00272X145148 441 10/29/18 $700.00 $52.50 $647.50 490000-40-40040 Kohler Propane Powered Generator 12/240v 8.5RES 2089774 442 11/9/2018 $805.00 $60.38 $744.63 490000-40-40040 Kohler Propane Powered Generator 120/240v 250 Amp80REOZJF SGM32BFZN 443 10/29/18 $6,130.00 $459.75 $5,670.25 490000-40-40040 Kohler 3 phase Generator 277/480v 391 Amps 260R0Z71 111154 444 10/29/18 $5,021.21 $376.59 $4,644.62 490000-40-40040 Onan 3 phase Generator 277/480v 60amps 40DL6TL28847A 53102929 445 10/29/18 $1,660.00 $124.50 $1,535.50 490000-40-40040 2004 Chevrolet Silverado Work Truck Long Bed 4WD 2500 HD 1GCHK24174E211829 449 12/6/2018 $1,678.00 $125.85 $1,552.15 490010-40-40040 1999 Chevrolet Express 3500 Cargo Van 3500 1GCHG35R9X1134405 453 2/25/2019 $558.00 $41.85 $516.15 490010-40-40040 1999 Chevrolet C/K 2500 Reg Cab Long Bed 4WD 2500 1GBGK24F9XF083121 454 2/25/2019 $1,126.00 $84.45 $1,041.55 490010-40-40040 2000 Chevrolet C/K 2500 Ext. Cab Short Bed 4WD 2500 1GCGK29R3YF515458 455 2/25/2019 $1,901.00 $142.58 $1,758.43 490010-40-40040 1994 Chevrolet S10 Pickup Reg. Cab Short Bed 2WD S10 1GCCS14Z8RK132060 456 2/26/2019 $201.00 $15.08 $185.93 490000-40-40040 1992 Ford C8000 C8000 1FDYR82AXNVA13518 457 2/26/2019 $4,001.00 $300.08 $3,700.93 490000-40-40040 1989 Case 688 Track Excavator 688 LT CGG0011635 462 5/7/2019 $17,901.00 $1,342.58 $16,558.43 490010-40-40010 1990 Case W11B Wheel Loader W11B JAK0017531 463 5/7/2019 $8,805.00 $660.38 $8,144.63 490010-40-40010 1992 Case W252 Virbomax Roller W252 JKC7512713 464 5/7/2019 $3,111.00 $233.33 $2,877.68 490010-40-40010 1994 Ford Taurus Taurus 1FALP52U3RAJ96485 465 5/7/2019 $353.01 $26.48 $326.53 490010-40-40010 1997 Chevrolet C/K 3500 Reg Cab 4WD 3500 1GBJK34R0VF019083 466 5/7/2019 $4,502.00 $337.65 $4,164.35 490010-40-40010 1999 Chevrolet Lumina Lumina 2G1WL52M3X9252123 467 5/7/2019 $620.00 $46.50 $573.50 490010-40-40040 1999 John Deere 4300 Tractor 4300 LV4300H231270 468 5/7/2019 $9,302.00 $697.65 $8,604.35 490010-40-40040 Case 580E Super E Backhoe 580E 17040018 469 5/7/2019 $6,712.00 $503.40 $6,208.60 490000-40-40040 $82,723.79 $6,208.38 Additional Items I have: Two Rolls of Southwire SIMpull Cable in Conduit 451 1/18/19 $6,757.00 $506.78 $6,250.23 490000-40-40040 $0.00 $0.00 $0.00 $0.00 Open Session Item SUBJECT: Property Acquisition for Widening of Eastern Boulevard PRESENTATION DATE: June 11, 2019 PRESENTATION BY: Todd Moser, Real Property Administrator, Division of Engineering and Scott Hobbs, Director, Division of Engineering RECOMMENDED MOTION: Move to approve the option agreements for partial property acquisition including fee simple and/or easements of 2 Chartridge Drive, 900 Antietam Drive, 19 Loose Lane, 1114 Star Drive, 1112 Star Drive, 1110 Star Drive, and Hillside Manor LLC lots 61-69 and to approve an ordinance approving said purchase and to authorize the execution of the necessary documentation to finalize the acquisition. REPORT-IN-BRIEF: Option agreements have been executed for the 15 above-stated properties. Both the fee simple and easement acquisition are shown in the table below. Properties were appraised in January 2019, and property owners were offered and accepted fair market value for the partial acquisitions. Property Fee Simple Acquisition Easement Acquisition Cost 2 Chartridge Drive 386 Sq. Ft. 835 Sq. Ft Temporary Construction Easement $2,200.00 900 Antietam Drive N/A 144 Sq. Ft. Perpetual Drainage Easement $250.00 19 Loose Lane N/A 1,368 Sq. Ft. Perpetual Drainage Easement, 2,361 Sq. Ft Temporary Construction Easement $600.00 1114 Star Drive N/A 1,202 Sq. Ft. Revertible Easement $2,000.00 1112 Star Drive N/A 1,201 Sq. Ft. Revertible Slope Easement $2,000.00 1110 Star Drive N/A 1,207 Sq. Ft. Revertible Easement, 1,610 Sq. Ft. Temporary Construction Easement $2,900.00 Board of County Commissioners of Washington County, Maryland Agenda Report Form Lot 61- Hillside Manor N/A 12,186 Sq. Ft. Temporary Construction Easement, 472 Sq. Ft Perpetual Drainage Easement $1,650.00 Lot 62- Hillside Manor N/A 3,170 Sq. Ft. Revertible Easement $3,250.00 Lot 63- Hillside Manor N/A 1,577 Sq. Ft. Revertible Slope Easement $2,400.00 Lot 64- Hillside Manor N/A 1,021 Sq. Ft. Revertible Slope Easement, 179 Sq. Ft. Perpetual Drainage $2,850.00 Lot 65- Hillside Manor N/A 1,200 Sq. Ft. Revertible Slope Easement $2,050.00 Lot 66- Hillside Manor N/A 1,200 Sq. Ft. Revertible Slope Easement $2,050.00 Lot 67- Hillside Manor N/A 1,200 Sq. Ft. Revertible Slope Easement $2,050.00 Lot 68- Hillside Manor N/A 1,201 Sq. Ft. Revertible Slope Easement $2,050.00 Lot 69- Hillside Manor N/A 1,187 Sq. Ft Revertible Slope Easement $1,950.00 DISCUSSION: Eastern Boulevard will be widened from two lanes (one lane in each direction) to four lanes (two lanes in each direction) from Jefferson Boulevard (MD 64) to Antietam Drive and the construction will occur in several phases of work as indicated in the Capital Improvement Plan (CIP). FISCAL IMPACT: $30,250; CIP Budgeted Project CONCURRENCES: County Attorney ALTERNATIVES: N/A ATTACHMENTS: Aerial Maps, Ordinances AUDIO/VISUAL NEEDS: N/A U c�� O (71 C11 1114 Star Drive George S. Butler 1114 Star Drive 2222027611 r- rq A -1114 Star Drive ®- Revertible Slope Basement 'I ®- Existing Forest Easement (� 0 10 20 30 40 wo Vol I . WN-Mrollm- APO ORDINANCE NO.ORD-2019- AN ORDINANCE TO APPROVE THE PURCHASE OF REAL PROPERTY (Eastern Boulevard Widening Project — Phase 11. Property acquisition —part of 2 Chartridge Drive, Hagerstown, Washington County, Maryland) RECITALS 1. The Board of County Commissioners of Washington County, Maryland (the "County") believes that it is in the best interest of the citizens of Washington County to acquire certain real property identified on the attached Exhibit A (the "Property") to be used for public purposes. 2. The County approved the acquisition of the Property on June 11, 2019. 3. A public hearing was not required by Section 1-301, Code of the Public Local Laws of Washington County, Maryland, as the funds utilized to purchase of the Property are not to be expended from the General Fund of the County. 4. The acquisition of the Property is necessary for the Eastern Boulevard Widening Project — Phase II in Washington County, Maryland. THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington County, Maryland that the acquisition of the Property be approved and that the President of the Board and the County Clerk be and are hereby authorized and directed to execute and attest, respectively, all such documents for and on behalf of the County relating to the acquisition of the Property. ADOPTED this day of ATTEST: Krista L. Hart, Clerk Approved as to legal sufficiency: Kendall A. McPeak Deputy County Attorney 2019. BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND BY: Jeffrey A. Cline, President Mail to: Office of the County Attorney 100 W. Washington Street, Suite 1101 Hagerstown, MD 21740 EXHIBIT A --DESCRIPTION OF PROPERTY PROPERTY ACQUISITION: Part of 2 Chartridge Drive, Hagerstown, Maryland All that parcel of land consisting of 386 square feet or 0.009 acres of land, more or less, situate along the southerly margin of Eastern Boulevard and the eastern margin of Chartridge Drive in Election District No. 18, Washington County, Maryland, and shown and/or indicated as "FEE SIMPLE AREA No. 9" on a plat entitled "EASTERN BOULEVARD WIDENING Il, SECURITY RD. TO CHARTRIDGE DR.," dated Jan. 2, 2019 and intended to be recorded among the Land Records of Washington County, Maryland, in the Washington County Lands and Roads Record Book as Right -of -Way Plat No. 100-10-579. The above parcel of land being a portion of that tract or parcel of land conveyed unto Vernard L. Brintzenhofe and A. Lucille Brintzenhofe, his wife, by James R. Luneau and Cynthia M. Luneau, by deed dated June 10, 2004 and recorded among the Land Records of Washington County, Maryland, in Liber 2367, folio 251. The said Vernard L. Brintzenhofe having died on April 12, 2011, title vested solely in A. Lucille Brintzenhofe. \lwaahoo-md.nellCountyAttomey\Documents\Gngineering\Gnstern Brndeeard Widening- Prop. acquisitioins (Phase 11)\ORD\Ordinance for Y Chartridge - Brinixenhofe. DOC ORDINANCE NO.ORD-2019- AN ORDINANCE TO APPROVE THE PURCHASE OF AN EASEMENT INTEREST IN REAL PROPERTY (Eastern Boulevard Widening Project — Phase 11: Easement acquisition — part of 900 Antietam Drive, Hagerstown, Maryland) RECITALS 1. The Board of County Commissioners of Washington County, Maryland (the "County") believes that it is in dne best interest of the citizens of Washington County to purchase an easement interest in real property identified on the attached Exhibit A (the "Easement') to be used for public purposes. 2. The County approved the purchase of the Easement on June 11, 2019. 3. A public hearing was not required by Section 1-301, Code of the Public Local Laws of Washington County, Maryland, as the funds utilized to purchase the Easement are not to be expended from the General Fund of the County. 4. The purchase of the Easement is necessary for the Eastern Boulevard Widening Project — Phase II in Washington County, Maryland. THEREFORE, BE IT ORDAINED by the Board. of County Commissioners of Washington County, Maryland, that the purchase of the Easement be approved and that the President of the Board and the County Clerk be and are hereby authorized and directed to execute and attest, respectively, all such documents for and on behalf of the County relating to the purchase of the Easement. ADOPTED this day of ATTEST: Krista L. Hart, Clerk Approved as to legal sufficiency: Kendall A. McPeak Deputy County Attorney 2019. BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND BY: Jeffrey A. Cline, President Mail to: Office of the County Attorney 100 W. Washington Street, Suite 1101 Hagerstown, MD 21740 EXHIBIT A --DESCRIPTION OF PROPERTY EASEMENT PROPERTY ACQUISITION: (Perpetual and Permanent Drainage Easement): All that parcel of land consisting of 144 square feet of land, more or less, situate along the northerly side of Antietam Drive in Election District No.1.8, Washington County, Maryland, and shown and/or indicated as "PERPETUAL EASEMENT FOR DRAINAGE AREA No.11" on a plat entitled "EASTERN BOULEVARD WIDENING II, SECURITY RD. TO CHARTRIDGE DR.," dated Jan. 2, 2019 and intended to be recorded among the Land Records of Washington County, Maryland, in the Washington County Lands and Roads Record Book as Right -of -Way Plat No.100-10-578. The above parcel of land being a portion of that tract or parcel of land conveyed unto Stuart B. Pugh from Thelma A. Chalker by deed dated May 21, 2018 and recorded among the Land Records of Washington County, Maryland, in Liber 5756, folio 483. \\wnahcormd.net\CountyAttorney\Documents\ EngineeringWastern Boulevard Widening- Prop. acqulslnoins (Phase II)\Otto\Ord inance- easenustt interest - Pugh DOC ORDINANCE, NO.ORD-2019- AN ORDINANCE TO APPROVE THE PURCHASE OF AN EASEMENT INTEREST IN REAL PROPERTY (Eastern Boulevard Widening Project —Phase II: Easement acquisition —part of 19 Loose Lane, Hagerstown, Maryland) RECITALS 1. The Board of County Commissioners of Washington County, Maryland (the "County") believes that it is in the best interest of the citizens of Washington County to purchase an easement interest in real property identified on the attached Exhibit A (the "Easement") to be used for public purposes. 2. The County approved the purchase of the Easement on June 11, 2019. 3. A public hearing was not required by Section 1-301, Code of the Public Local Laws of Washington County, Maryland, as the funds utilized to purchase the Easement are not to be expended from the General Fund of the County. 4. The purchase of the Easement is necessary for the Eastern Boulevard Widening Project — Phase II in Washington County, Maryland. THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington County, Maryland, that the purchase of the Easement be approved and that the President of the Board and the County Clerk be and are hereby authorized and directed to execute and attest, respectively, all such documents for and on behalf of the County relating to the purchase of the Easement. ADOPTED this day of , 2019. ATTEST": BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND BY: Krista L. Hart, Clerk Jeffrey A. Cline, President Approved as to legal sufficiency: Mail to: Office of the County Attorney Kendall A. McPeak 100 W. Washington Street, Suite 1101 Deputy County Attorney Hagerstown, MD 21740 EXHIBIT A --DESCRIPTION OF PROPERTY EASEMENT PROPERTY ACQUISITION: (Perpetual and Permanent Drainage Easement): All that parcel of land consisting of 1,264 square feet or 0.029 acres of land, more or less, situate along the northerly side of Antietam Drive in Election District No.18, Washington County, Maryland, and shown and/or indicated as "PERPETUAL DRAINAGE EASEMENT AREA No.1.2" on a plat entitled "EASTERN BOULEVARD WIDENING II, SECURITY RD. TO CHARTRIDGE DR.," dated Jan. 2, 2019 and intended to be recorded among the Land Records of Washington County, Maryland, in the Washington County Lands and Roads Record Book as Right -of -Way Plat No. 100-10-578. The above parcel of land being a portion of that tract or parcel of land conveyed unto James M. Snyder and Pamela S. Snyder, his wife, by St. Lawrence Cement, LLC by deed dated October 31, 2006 and recorded among the Land Records of Washington County, Maryland, in Liber 3158, folio 79. \\washco•md.net\CountyAtlomey\Document%\PnginecringlliaslernlioulevardWidening Prop, acquisilloin%(Phnacll)\ORD\Ordlnnnce-conementlnterest•Snyder.DOC ORDINANCE NO.ORD-2019- AN ORDINANCE TO APPROVE THE PURCHASE OF AN EASEMENT INTEREST IN REAL PROPERTY (Eastern Boulevard Widening Project — Phase 11. Easement acquisition — Tax Map 38, Parcel 902, Part of Lot 61. and Lot 64, Hagerstown, Maryland) RECITALS 1. The Board of County Commissioners of Washington County, Maryland (the "County") believes that it is in the best interest of the citizens of Washington County to purchase an easement interest in real property identified on the attached Exhibit A (the "Easement") to be used for public purposes. 2. The County approved the purchase of the Easement on June 11, 2019. 3. A public hearing was not required by Section 1-301, Code of the Public Local Laws of Washington County, Maryland, as the funds utilized to purchase the Easement are not to be expended from the General Fund of the County. 4. The purchase of the Easement is necessary for the Eastern Boulevard Widening Project — Phase II in Washington County, Maryland. THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington County, Maryland, that the purchase of the Easement be approved and that the President of the Board and the County Clerk be and are hereby authorized and directed to execute and attest, respectively, all such documents for and on behalf of the County relating to the purchase of the Easement. ADOPTED this day of . 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND BY: Krista L. Hart, Clerk Jeffrey A. Cline, President Approved as to legal sufficiency: Kendall A. McPeak Deputy County Attorney Mail to: Office of the County Attorney 100 W. Washington Street, Suite 1101 Hagerstown, MD 21740 EXHIBIT A --DESCRIPTION OF PROPERTY EASEMENT PROPERTY ACQUISITION No. 1: (Perpetual and Permanent Drainage Easement- Part of Lot 61): All that parcel of land consisting of 472 square feet or 0.011 acre of land, more or less, situate along the westerly side of Eastern Boulevard in Election District No. 18, Washington County, Maryland, and shown and/or indicated as "PPRPIMAL EASFMPNT FOR DRAINAGE. AREA No. 2" on a plat entitled "EAS"IERN BOULEVARD WIDENING II, SECURITY RD. TO CHARTRIDGE DR.," dated Jan. 2, 2019 and intended to be recorded among the Land Records of Washington County, Maryland, in the Washington County Lands and Roads Record Book as Right -of -Way Plat No. 100-10-577. The above parcel of land being a portion of Lot 61. of that tract or parcel of land conveyed from Virginia Klick, Personal Representative of the Small Estate of George E. Klick, et. al. unto Hillside Manor, LLC by deed dated December 29, 2003 and recorded among the Land Records of Washington Cowlty, Maryland, in Liber 2320, folio 415. EASEMENT PROPERTY ACQUISITION No. 2: (Perpetual and Permanent Drainage Easement- Part of Lot 64): All that parcel of land consisting of 179 square feet or 0.0041 acres of land, more or less, situate along the westerly side of Eastern Boulevard in Election District No. 18, Washington County, Maryland, and shown and/or indicated as "PERPETUAL EASEMENT FOR DRAINAGE AREA No. 4" on a plat entitled "EASTERN BOULEVARD WIDENING II, SECURITY RD. TO CI IARTRIDGE DR.," dated Jan. 2, 2019 and intended to be recorded among the Land Records of Washington County, Maryland, in the Washington Counj Lands and Roads Record Book as Right -of -Way Plat No. 100-10-577. The above parcel of land being a portion of Lot 64 of that tract or parcel of land conveyed from Virginia Klick, Personal Representative of the Small Estate of George E. Klick, et. al. unto Hillside Manor, LLC by deed dated December 29, 2003 and recorded among the Land Records of Washington County, Maryland, in Liber 2320, folio 415. I:%Documents%t:ngln Lring1Eastern Boulevard Widening- Prop. acyaisitions (Pluye IQ%ORD\Ordlnance • Hillside Manor -drainage casement. DOC Eastern Boulevard 0 250 500 750 1,000Feet Legend - Eastern Boulevard Project Location µ WASHINGTON COUNTY MARYLAND Jefferson Blvd (MD 64)Jefferson Blvd (MD 64) SecurityRoad AntietamDrive Needys Lane OldForgeRoadEasternBoulevard Northern Avenue LeitersburgPike LeitersburgPike EASTERNBOULEVARDEXTENDED EASTERN BOULEVARD PHASE I - Eastern Blvd & Antietam Dr - Eastern Boulevard Phase I - Eastern Boulevard Phase II - Eastern Boulevard Extended EASTERN BOULEVARD PHASE II Antietam Drive Open Session Item SUBJECT: Contract Award (PUR-1421) Engineering Services Requirements Contract PRESENTATION DATE: June 11, 2019 PRESENTATION BY: Rick Curry, CPPO, Director, Purchasing Department and Scott Hobbs, P.E., Director, Division of Engineering RECOMMENDED MOTION: Move to award a primary requirements contract for Engineering Services for the responsive, responsible proposal with the lowest price proposal amount at the specified unit costs and estimated hours (no minimum or maximum guaranteed); and as permitted in the Request for Proposals, a “stand-by list” of consultants REPORT-IN-BRIEF: The services under this contract consist of providing engineering support by qualified engineering consultant firms to perform engineering services for projects in the six-year Washington County Capital Improvement Plan (CIP) and general operating budget and unanticipated emergencies. The duration of the contract shall be for a period of two (2) years, with an option by the County to renew for up to three (3) additional one (1) year periods. Under the terms of the contract, other political jurisdictions within the County may utilize the services provided as a result of this contract. This is a requirements contract; therefore, services will be utilized on an as-needed basis at the respective hourly unit prices for each discipline with no guarantee of a maximum or minimum number of hours. Project assignments will be issued in two (2) distinct manners through this contract. Assignments with a fee of no more than $50,000 will be given to the designated responsive-responsible Consultant with the lowest price proposal: Wallace, Montgomery & Associates, LLP. Assignments with fees anticipated to exceed $50,000 will have a defined scope of work specified and distributed to the firm with the lowest cost proposal and all firms on the stand-by list. All firms then will submit a proposal to complete the work defined. The firm with the lowest cost proposal will then be given the assignment. The County has limited the stand-by list to a maximum of five (5) firms, one (1) of which is the designated responsive-responsible Consultant with the lowest overall price proposal. Assignment value will be determined when the Consultant applies the necessary man-hours and his standard rates to the individual assignment. The assignment will be given to the Consultant which requires the lowest fee. In order to determine which proposal offered the overall lowest cost to the County for this recommended contract award; each proposer submitted hourly rates for various employee classifications or positions. The lowest cost proposal was determined by applying the quoted rates to a position matrix that identified an approximate number of hours by position the County expects to utilize over the next twelve (12) months. Notice of the RFP was advertised on the County’s web site with access to downloading the RFP, on the State’s “eMaryland Marketplace” web site, and in the local newspaper. There were one hundred Board of County Commissioners of Washington County, Maryland Agenda Report Form fifty-four (154) downloads of the document on-line and twenty-five (25) firms were represented at the pre-proposal conference. Thirteen (13) firms responded with proposals. After evaluation of Qualifications & Experience submittals, nine (9) firms were considered responsive and their Price Proposals were opened and evaluated (see attached Price Proposal Tabulation). DISCUSSION: N/A FISCAL IMPACT: Funds are budgeted in various Capital Improvement Plan (CIP) and General Operating Budget project accounts for the as-required services. CONCURRENCES: Coordinating Committee ALTERNATIVES: N/A ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A Open Session Item SUBJECT: Contract Award (PUR-1423) Comprehensive Health Care Services for Inmates PRESENTATION DATE: June 11, 2019 PRESENTATION BY: Rick Curry, CPPO, Director, Purchasing Department and Major Craig Rowe, Warden, Washington County Detention Center RECOMMENDED MOTION: Move to award the contract to the lowest responsive, responsible proposer, for the total proposal based on a monthly average inmate population of 500. (Note: Pricing was requested for an additional 50 inmates over the Average Daily Population (ADP) of 450 for proposal evaluation purposes.) REPORT-IN-BRIEF: Proposals were received from potential providers. On May 29th, the Coordinating Committee met to review Qualifications & Experience / Technical Proposals for the subject services at the County Detention Center (the “Center”). The Committee determined that only one (1) provider was responsive to the County’s Request for Proposal to perform the subject services at the County Detention Center. The contract term is for one (1) year beginning July 1, 2019, with an option by the County to renew for up to four (4) additional consecutive one-year periods. Annual price increases or decreases to cover contract years two through five will be based upon the United States Daily Average Medical Cost Consumer Price Index (Medical Health Care Services Section), as published by the US Dept. of Labor. The adjustment for each year shall be calculated by comparing the Medical Health Care Services CPI of the previous August to the August figure in the current contract year. This is a full-risk contract that includes: 1) all required medical services including hospitalization costs with no defined catastrophic limit (previously an aggregate of $100,000.00 per contract year; 2) ambulance services that includes air transports, if required; 3) removal of the annual limit for AZT and other AIDS related medication of $18,000.00 for the entire inmate population; and 4) annual screening tests for tuberculosis and Hepatitis B vaccinations for Detention Center employees. Advantages of contracted health care include: liability/risk transference; cost savings in services; improved quality of services/provision for court mandates; recruitment and retention of health care staff; control and accountability/centralization of services; provision of necessary supplies and equipment; and fewer time demands and less personal involvement required of the Warden, Sheriff, Deputies, etc. Contracted services began at the Detention Center in 1996. Board of County Commissioners of Washington County, Maryland Agenda Report Form The Center achieved National Commission on Correctional Health Care (NCCHC) Accreditation in June, 1997 and received re-accreditation in 2004, 2007 and through the present health services provider (ConMed, Inc.) in 2010. The RFP was advertised in the local newspaper, on the State’s eMaryland Marketplace web site, and also on the County’s web site. Thirty (30) firms/persons accessed the RFP document on-line from the County’s web site. Two (2) firms had representatives in attendance at the pre-proposal conference. The Coordinating Committee was comprised of the following members: County Sheriff (Committee Chairman Designee), County Purchasing Director, the Center’s Warden, the Center’s Administrative Captain/Assistant Warden, and the Director of Core Services – Washington County Mental Health Authority. DISCUSSION: N/A FISCAL IMPACT: An amount of $1,704,960.00 has been requested in the Detention Center’s FY’20 budget (515285-10-11320) for these professional medical services. Funds were budgeted in FY’19 in the amount of $1,482,570.00 CONCURRENCES: As recommended by the Coordinating Committee ALTERNATIVES: N/A ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A Open Session Item SUBJECT: Sole Source Procurement Award for Family Centered Support Services in Washington County, Maryland PRESENTATION DATE: June 11, 2019 PRESENTATION BY: Rick Curry, Director, Purchasing Department and Allison Hartshorn, Grant Manager, Office of Grant Management (OGM) RECOMMENDED MOTION: Move to award a Sole Source procurement to the Washington County Department of Social Services in the amount of $69,060.00 for Operating expenses of the Family Center operated by the Washington County Department of Social Services. REPORT-IN-BRIEF: The purpose of the service to be provided is to fulfill the requirements contained in a Community Partnership Agreement to be entered into and dated on or about July 1, 2019, by and between the Board of County Commissioners of Washington County, Maryland and the State of Maryland acting through the Sub-Cabinet for Children, Youth and Families which, in turn, is acting through the Washington County Office of Grant Management (OGM). The contract is for a one-year period commencing July 1, 2019 and ending June 30, 2020, with an option by the Board to renew for one (1) additional consecutive one (1) year period through fiscal year 2021. It is the intent of the Local Management Board supported by the contract with the Governor’s Office for Children to support the operations of the Family Center to provide Family Centered Support Services which is operated by the Washington County Department of Social Services. DISCUSSION: The OGM wishes to apply Section 1-106.2(a)(1) of the Code of Local Public Laws of Washington County, Maryland, to the procurement requested. This section states that sole source procurements are authorized and permissible when: (1) Only one source exists that meets the County’s requirements. This request requires the approval of four (4) of the five (5) Commissioners in order to proceed with a sole source procurement. If approved, the following remaining steps of the process will occur as outlined by the law: 1) Not more than ten (10) days after the execution and approval of a contract under this section, the procurement agency shall publish notice of the award in a newspaper of general circulation in the County, and 2) An appropriate record of the sole source procurement shall be maintained as required. FISCAL IMPACT: The total funding allocated is $69,060.00. No county funds are requested. CONCURRENCES: The Local Management Board recommends this award. ALTERNATIVES: N/A ATTACHMENTS: N/A AUDIO/VISUAL TO BE USED: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Family Centered Support Services Washington County Family Center / Washington County Department of Social Services Scope of Work for services provided July 1, 2015 thru June 30, 2016 The purpose of this contract is to support additional personnel at the Washington County Family Center (“WCFC”) in order to provide all the services of the WCFC to additional at-risk parents and their children. The WCFC in collaboration with the Washington County Board of Education and Hagerstown Community College provides on-site childcare for young children (generally up to age 4) of parents who are enrolled in classes at the WCFC to complete their high school diploma, General Equivalency Diploma, or Maryland External Diploma. Programs at the WCFC include education on parenting and life skills provided through the National Nurturing Program curriculum, home visiting services, transportation, and case management services. The WCFC offers childcare within its facility while parents attend classes. Childcare is a critical service component of the WCFC and its availability often determines how many program participants can be enrolled in educational classes and other services. The WCFC childcare staff who are supported by funds under this Contract shall receive training as required by the WCFC and the State of Maryland childcare regulations. Childcare staff shall also implement the Ages and Stages Questionnaire assessment tool at the required intervals with the parents of each child served. Children with suspected developmental delays shall be referred for early intervention services as appropriate. The target population for this program is parents of young children who do not have a high school diploma and pregnant or parenting teens at risk for dropping out of high school. In addition, newborns to four-year-old children shall receive developmentally appropriate childcare and developmental screenings. Open Session Item SUBJECT: FY20 Opioid Operational Command Center Grant PRESENTATION DATE: June 11, 2019 PRESENTATION BY: Stephanie Lapole, Senior Grant Manager, Office of Grant Management and Rebecca Hogamier, Program Director, Washington County Sheriff’s Office, Day Reporting Center RECOMMENDED MOTION: Move to approve the submission of the grant application for the Opioid Operational Command Center grant in the amount of $57,190 and accept funding as awarded. REPORT-IN-BRIEF: The Washington County Sheriff’s Office is submitting a grant application requesting $57,190 from the Opioid Operational Command Center grant program. The funding will be utilized by the Washington County Day Reporting Center to support projected increased expenses associated GPS tracking and substance testing. DISCUSSION: The Washington County Sheriff’s Office is requesting funds from the Opioid Operational Command Center to supplement the cost of the global monitoring position (GPS), portable breathalyzer monitoring devices, and rapid drug testing devices for the participants attending the Washington County Day Reporting Center (DRC). The grant funds will allow the DRC to meet the anticipated increase in demand in FY20 for these services, along with provide enhanced monitoring and testing procedures. The DRC is requesting $42,290 for GPS leasing, and $14,900 for substance testing services, for total grant request of $57,190. The Office of Grant Management has reviewed the grant guidelines and application. There is no match associated with the grant and the grant will not result in new recurring expenses for the County. The grant’s performance period is July 1, 2019 through June 20, 2020. FISCAL IMPACT: The grant will provide $42,290 for GPS services and $14,900 for substance testing. CONCURRENCES: Director, Office of Grant Management ALTERNATIVES: Deny acceptance of funds. ATTACHMENTS: N/A AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: Hotel Rental Tax Funding Request, Maryland Symphony Orchestra PRESENTATION DATE: June 11, 2019 PRESENTATION BY: Susan Buchanan, Director, Office of Grant Management, Emily Socks, Maryland Symphony Orchestra. RECOMMENDED MOTION: Move to approve the request for Hotel Rental Tax funding from the Maryland Symphony Orchestra in the amount of $________, for direct expenses associated with the 34th Annual Salute to Independence at Antietam National Battlefield to be held on July 6, 2019. REPORT-IN-BRIEF: The Maryland Symphony Orchestra has submitted a request for Hotel Rental Tax funding to support the 34th Annual Salute to Independence which is held at the Antietam National Battlefield. This year’s event will be on July 6, 2019. The amount of funding requested for this event by the Orchestra is $35,000. DISCUSSION: The Maryland Symphony Orchestra has submitted a request for $35,000 of Hotel Rental Tax funding to assist with costs associated with the 34th Annual Salute to Independence. The event will be held on July 6, 2019 at the Antietam National Battlefield. The total event budget for 2019 is set at $218,000. The Maryland Symphony Orchestra has secured funding from other sources for this event totaling $124,160. They will also receive in-kind contributions of $93,840 from community partners and the Antietam National Battlefield. The Board of County Commissioners has provided financial support to this event historically. In 2018, the Board of County Commissioners contributed $35,000 towards the direct expenses of the event. This event meets all 7 of the Board of County Commissioner’s goals and criteria for the use of Hotel Rental Tax Funds. FISCAL IMPACT: The Hotel Rental Tax Fund will be reduced by the amount of this award. CONCURRENCES: N/A ALTERNATIVES: Deny the Maryland Symphony’s request for Hotel Rental Tax Funding. ATTACHMENTS: FY19 Hotel Rental Tax Funding Application AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form f� C C F. I V t, :l) l,IAY 2 U 2019 Washington County, Maryland Hotel Rental Tax Funding Grant Application 100 West Washington Street Room 2200 Hagerstown, Maryland 21740 240-313-2040 Organization/Agency: The Maryland Symphony Orchestra, Inc. (MSO) E-mail Address: esocks@marylandsymphony.org Address: 128 W. Washington Street, Hagerstown, MD 21740-4804 Contact Person: Emily C. Socks Title: Interim Development Staff Phone Number: (301) 797-4000 Fax Number: (301) 797-2314 Tax ID/Federal ID#: 52-1259358 C: Capital Request (9) Operating Request Project Classification: (�, Tourism/Attraction C Economic Development f Cultural (,; Recreation Project Name: MSO 34th Annual Salute to Independence at Antietam National Battlefield Project Start Date: July 6, 2019 Project End Date: July 6, 2019 Project Justification and Economic Benefit/Impact to the Visitor Industry, if Applicable The Maryland Symphony Orchestra's annual "Salute to Independence,' presented in partnership with the National Park Service at Antietam National Battlefield, is a project which meets all 7 priority funding goals of Washington County's Hotel Rental Tax Fund. As the largest event in the county each July, in recent years the Hagerstown -Washington County Convention and Visitors Bureau has conservatively estimated the "Salute's" direct local economic impact at $500,000. Drawing as many as 35,000 area residents, tourists, and elected officials to the battlefield, the national arts advocacy organization, American's for the Arts, estimates the combined direct and indirect economic impact of the "Salute" at just over $1.1 million. This event related spending sustains jobs, and generates revenues for local and state government, as well as for local and regional businesses, organizations and vendors. According to the Civil War Trust, the nation's largest nonprofit devoted to the preservation of Civil War battlefields, for every 702 visitors to a Civil War battlefield, one (1) full-time local job is supported (independent of jobs within a battlefield park). As such, the anticipated 35,000 "Salute" attendees supports 42.7 local full-time jobs. Anticipated Visitor Attendance and Impact on Hotel Rental Occupancy, if Applicable ccording to statistics from the Hagerstown -Washington County Convention and Visitors Bureau (CVB), Washington County's hotel ccupancy rate in July averages 75-percent. On "Salute to Independence" event weekends, the rate jumps to higher than 90-percent, rith many hotels completely selling out. CVB leadership has attributed this increase being largely due to "Salute" attendees. As a marquee event for Washington County, the "Salute" draws as many as 35,000 attendees to Antietam National Battlefield each July om communities throughout Central and Western Maryland, Southern Pennsylvania, Northern Virginia, and the Panhandle of West irginia. Surveys indicate 25-percent of the attendees come from more than 50-miles away. Herald -Mail post event articles in recent ears have indicated the "Salute" draws attendees from Hagerstown, cities throughout Washington County, Frederick, Allegeny and lontgomery counties, West Virginia, Pennsylvania, and even as far away as Philadelphia, PA and Buffalo, NY. Narrative Description of Project: Include purpose of project, outline of project procedures, intended results of projector any additional comments that support the need for project and/or merit as an event or activity designed to promote Washington County, Maryland. The purpose of the project is to produce the Maryland Symphony Orchestra's 34th Annual "Salute to Independence" at Antietam National Battlefield on Saturday, July 6, 2019. The "Salute to Independence" is a one -day event, held on the first Saturday of July. Taking place on the historic and hallowed grounds fthe Antietam National Battlefield, the "Salute" is a celebration of our nation's independence through a concert of patriotic music erformed by Washington County's and Western Maryland's only fully -professional orchestra. Its reach makes it the largest cultural, istoricaI, and summer tourism event in Washington County each year. For 33 years, this extraordinary concert has been held through the MSO's partnership with the National Park Service and Antietam ational Battlefield. As a result of the project's longevity, the "Salute" is viewed as part of the historical and cultural fabric of Washington ounty. Attendees of the event expect to return year after year to participate in this celebration of America's freedom and to remember lose who have served our nation through military service in the past -as well as the men and women who do so today. The "Salute" features the 70-member, fully -professional, Maryland Symphony Orchestra in a concert of patriotic music lead by Music Director Elizabeth Schulze who is currently in her 19th season marking this years event the beginning of her 20th anniversary season. The "Salute's" program will include the "Armed Forces Salute, "Maryland, My Maryland, "American Salute," the "1812 Overture," and the"Stars and Stripes Forever." The Army National Guard Artillery Battalion will sound cannons during the "1812 Overture" and the Air National Guard will mesmerize the audience with a fly over during the "National Anthem". A spectacular 20-minute grand -finale fireworks display will conclude the event. Bringing a 70-member orchestra and its equipment to perform at an outdoor venue is an expensive venture. The "Salute" requires staging, lighting, and an extensive sound and public address system, including portable back-up electric generators. The MSO pays for musicians, the sound platforms, sound and public address system, generators and wiring, port a -potties, backstage and field tents, and of course, thefireworks. Other expenses include event insurance, rentals, music arrangement rentals and purchases, various fees, licenses and royalties including the fireworks permit, cartage fees for instruments, mileage per diem to musicians to Hagerstown, bus (motorcoach) transportation for the musicians to and from the battlefield, and extra stagehands along with part-time production personnel to help with the set-up and take -down of chairs, music stands and other equipment. The budget for the 34th Annual "Salute to Independence" totals $218,000. This includes direct and administrative expenses totaling $124,160 and $93,840 in contributed (in -kind) services and materials from some 20 community partners. The contributed services include a portion of the staging costs, the crane and 30ft by 50ft U.S. Flag which flies over the concert stage, the Army National Guard Artillery Battalion and their equipment, the concert program book, event marketing, National Park Service staff, park rangers and the use of the Antietam National Battlefield venue. Currently, the MSO has secured $70,000 towards the $124,160 in cash resources necessary to meet the direct expenses involved to produce this July's "Salute." This includes $44,000 in corporate sponsorships, $23,000 in grants from area foundations, $2,500 from county tourism, and $500.00 in contributions from private donors. The MSO requests the County Commissioners to consider a $35,000 grant from the Hotel Rental Tax Fund of Washington County, MD. This request, representing an investment of $1.00 (one -dollar) per - person of the anticipated 35,000 who will attend this July's "Salute". At the time of this request, the Orchestra is confident that it will be able to raise the remaining dollars needed to meet the allocated direct expenses by the July event through conversations and appeal to previous "Friends of the Salute" contributors. A. Amount of Motel Rental Tax Grant Funding Requested $35,000.00 B. List Other Funding Sources and Their Respective Amounts Source: Corporate sponsorships, government ad foundation grants ; I $101,000.00 Source: Contributions from individuals, tourism and small buisnesses $23,160.00 i Source: Contributed in -kind services from communitypartners including NPS (Antietam) p g $93,840.00 C. Total Project/Event Funding (A + B) I $218,000.00 I 4 Itemize your total project budget into the appropriate classifications: A. Tourism Attraction (Be specific in expense breakdown): (Music Director, Musicians & Production Staff $42,138.00 j Direct production expenses including stage, sound, equipment & rentals $82,000.00 Contributed services - battlefield, crane, flag, cannons, staging and marketing $93,840.00 B. Economic Development Enhancement (Be specific in expense breakdown): C. Cultural Projects (Be specific in expense breakdown): D. Recreational Projects (Be specific in expense breakdown): IF_ I f i Total Project Budget r$218,000.00 Certification: We certify the information contained in this application is complete, accurate and fully discloses the scope and intent of our request for funding from the Hotel Rental Tax Fund. We agree to comply with the County's requests for information regarding the use of awarded funds and to provide access to accounting records related to these funds. We acknowledge that if expenditures of funds is approved, such approval will be for line -item -by -line -item expenditures, which must be adhered to within the maximum 10% line item deviation. We further acknowledge that any deviations beyond 10% allowable amount will require us to submit a program amendment which will have to be approved by the Office of Community Grant Management prior to any further expenditures. By signing this application, I/we accept and agree to be bound by the terms and conditions of Hotel Rental Tax Regulations as administered by the Washington County Commissioners in compliance with current State laws. 0 - q%L - 5 ig nat u re: 111 Date: 5/ 10/2019 Applicant/Organization: Maryland Symphony Orchestra, Inc. Recommended by: Date:' �' Approve Director, Office of Community Grant Management n Denied Recommended Award: Comments: Approved By: Date: Approved County Administrator (^� Denied Approved Award: Board of County Commissioner Approval (for requests of $25,000 and over): Approved by BCC: Date County Clerk Return Application To: Washington County Office of Community Grant Management 100 West Washington Street Room 2200 Hagerstown, Maryland 21740 240-313-2040 (—') Approved (` Denied Open Session Item SUBJECT: Fiscal Year 2020 Goals, Administrator and Board PRESENTATION DATE: June 11, 2019 PRESENTATION BY: Robert Slocum, County Administrator RECOMMENDED MOTION: N/A REPORT-IN-BRIEF: The purpose of the presentation is to receive feedback and direction from the Board on the draft goals for the future fiscal year, 2020. DISCUSSION: Each year, goals for the forthcoming fiscal year of each department, the Administrator, and the Board are included in the forthcoming budget. The goals serve to provide direction and clarity in the charge of staff from the Board. Discussion, feedback, and direction is encouraged from the Board to assist in establishing consensus on the direction staff will take over the next fiscal year. With the new Board in place and involved, strategic imperatives were established for the next four years. The strategic imperatives are included here for ready reference and alignment with the draft goals. The next step in this process will be to incorporate direction received form the Board. The final draft will then be presented; along with the accomplishments for the current fiscal year, 2019. FISCAL IMPACT: With clear direction and charge, staff will operate most effectively and efficiently with County resources. CONCURRENCES: N/A ALTERNATIVES: N/A ATTACHMENTS: Draft Administrator Goals Draft Board Goals Strategic Imperatives AUDIO/VISUAL NEEDS: N/A Board of County Commissioners of Washington County, Maryland Agenda Report Form County Administrator FY2020 GOALS Advance the growing Public Safety, Education, Infrastructure, Economic Development and Human Services offered by Washington County Government. Focus the abundant energy, enthusiasm, and effort of staff to best serve our customers in each service line. Enhance customer service through protocols and software systems now well into development. Further the Clean County Initiative to cost effectively address permits while enhancing the natural beauty and vitality of Washington County. Expand the Making Connections Campaign to additional roadways and relationships for further convenience, safety, and economic development improvements. Execute a comprehensive fire plan to include the SAFER grant and accountability. Execute the appropriate use of additional EMS funding for volunteers and staff. Break ground on the public safety training center to serve police, fire, and EMS. Design the on-campus expansion of Senior Center space with a grant now in place. Plan expanded recreational programs and facilities for today and the future. Promote the Urban Improvement Project, Mt. Aetna Park, Cascade development and Public Private Partnerships underway and expanding. Begin construction of Professional Boulevard; design Halfway Boulevard to Greencastle Pike; and complete Crayton Boulevard to Showalter Road. Seek creativity in enterprise funds for long-term cost saving solutions. Transition staff through the programed retirement of staff at various positions. Progress upon strategic imperatives identified by the Board and developed by Senior staff Communicate and collaborate with all municipalities and Economic Development Coalition to make all of Washington County the place of choice to Live, Work, and Play Board FY2020 GOALS Endeavor to further improve Washington County in Public Safety, Infrastructure, Education, Economic Development, and Human Services. Maintain the utmost efficiency in services provided by a willing and capable staff. Exceed prior funding for Public Education and Public Safety Enhance accountability in Public Safety for the most appropriate use of tax payer dollars Execute County business in an open and transparent manner so that the Board of County Commissioners may best serve the public. Lead the County in collaborative partnerships, both underway and to be developed, with public and private partners. Take full advantage of the Urban Improvement Project with Education and Economic Development opportunities Lead reinvestment in Cascade Town Centre (the former Fort Ritchie) and the Community Center. Foster economic growth and vitality through only the most prudent and secure use of taxpayer dollars. Progress upon strategic imperatives identified by the Board and developed by Senior staff STRATEGIC PLAN 2019-2024 MISSION Washington County Government exists to provide services to citizens, businesses, and visitors to make the County a great place to live, work, and play. This is accomplished through the development and support of infrastructure, education, safety, human services, and economic development. VISION The vision of Washington County Government is to become the regional leader in providing and coordinating efficient and effective public services in an open and cooperative manner. SERVICE LINES Washington County serves our citizens through the following functions, which constitute our strategic lens.  Infrastructure  Education  Safety  Human Services  Economic Development STRATEGIC DIRECTION RECOMMENDATIONS The following strategic path is founded on input from the Washington County Board of County Commissioners and senior professional staff over the course of three days of strategic discussion, facilitated by Patrick Jinks, leadership and strategy coach, and president of The Jinks Perspective in Columbia, SC. STRATEGIC IMPERATIVES 1. Align our investment in public education with our shared pursuit of excellence and student success, in accordance with Maryland legislative guidelines. 2. Develop collaborative strategies to retain and cultivate our economic development investments to grow the tax base in Washington County. 3. Reduce the burden on our volunteer-based emergency life safety services to continue providing critical services to Washington County citizens and businesses. 4. Become more strategic and proactive in communicating our value proposition, our intentions, and our results to our citizens. 5. Foster cross-sector, community engagement for collectively addressing the opioid crisis, which is currently placing significant strain on resources throughout our 5 service lines. EXTENDED STRATEGIC PLAN 1. Align our investment in public education with our shared pursuit of excellence and student success, in accordance with Maryland legislative guidelines. 1.1. Become fully informed on Maryland legislative guidelines for public education funding, and optimally align our funding accordingly. 1.2. Lobby state legislators for appropriate designation language and fair funding criteria that accounts for all aspects of public education investment ratios at the municipal level, and pursue strategies to maintain the highest designation possible. 1.3. Proactively inform (collaboratively with Washington County Public Schools where possible) Washington County citizens and businesses of our success and intentions regarding our partnership and funding relationship with Washington County public schools. 1.4. Maintain consistent approach to annual funding levels. 2. Develop collaborative strategies to retain and cultivate our economic development investments to grow the tax base in Washington County. 2.1. In cooperation with an empowered regional, representative economic development entity, create and implement shared strategy for regional economic development, that frames the following: a. Needs Assessment – articulation of the appropriate mix of industry, available space, diversity, etc. b. Place-Making – articulation of the competitive advantage. c. Attraction/Recruitment strategy. 2.2. Sharpen our focus on business retention. a. Ambassadorship program to cultivate business relationships and ensure ongoing service. b. Explore retention incentives that create value-add for business while increasing tax base for the county. c. Involve the coalition/partnership (entity referenced above) in establishing advanced retention strategies. 3. Reduce the burden on our volunteer-based emergency life safety services to continue providing critical services to Washington County citizens and businesses. 3.1. Increase volunteer attraction and recruitment rates. 3.2. Strengthen the volunteer Fire/EMS Association for greater collective infrastructure, back office, and fund development efficiency. 3.3. Enhance and promote accountability for both efficiency and perception. 3.4. Establish a sustainable revenue source/stream for ongoing continuity of services. 4. Foster cross-sector, community engagement for collectively addressing the opioid crisis, which is currently placing significant strain on resources throughout our 5 service lines. 4.1. Build and promote the case for attacking the local challenges created by the opioid epidemic. 4.2. Elevate Gov. Hogan’s Opioid Task Force to action-focused coalition. a. Pursue additional state support for elevating the local task force capacity to act. b. Engage local Health Department for potential backbone leadership. c. Build 3-tiered strategy to address root causes, improve early intervention, and establish appropriate safety net. 5. Become more strategic and proactive in communicating our value proposition, our intentions, and our results to our citizens. 5.1. Solicit and analyze public feedback and sentiment on Washington County’s needs, aspirations, concerns, and ideas. 5.2. Strive to be first, brief, and positive in all communication activities. 5.3. Foster upstream information sharing (to public relations team) throughout the administration, to keep communications staff equipped with relevant, timely messages. 5.4. Build strategic marketing and communications plan on a framework that supports the above 4 strategic imperatives and delivers relevant, timely messaging across our 5 service lines. Facilitated and Compiled by: Columbia, SC www.jinksperspective.com