HomeMy WebLinkAbout190827aIndividuals 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
August 27, 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 – August 13, 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 consider a matter that concerns the proposal for a business or industrial
organization to locate, expand, or remain in the State; & To consult with counsel to obtain legal advice on a legal matter.)
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
10:30 A.M. PROPERTY ACQUISITIONS FOR WIDENING OF EASTERN BOULEVARD – Todd Moser,
Real Property Administrator and Scott Hobbs, Director, Division of Engineering
10:35 A.M. CLAGGETT’S MILL – DISSOLUTION OF ADEQUATE PUBLIC FACILITIES
ORDINANCE (APFO) AGREEMENT – Kirk C. Downey, County Attorney
10:40 A.M. EXPRESS APPROVAL – FUNKSTOWN PROPOSED ANNEXATION – Stephen T. Goodrich,
Director, Department of Planning and Zoning
10:50 A.M. SOLID WASTE SUPERVISOR CONSOLIDATION PLAN - Daniel Divito, Director of
Division of Environmental Management; and David A. Mason, P.E. Deputy Director of
Environmental Management
11:00 A.M. PUBLIC HEARING – REQUESTS BY ORGANIZATIONS TO BE ADDED TO THE LIST OF
NONPROFIT ORGANIZATIONS TO WHICH THE BOARD OF COUNTY
COMMISSIONERS MAY CONTRIBUTE FUNDS, PURSUANT TO § 1-108 OF THE CODE
OF THE PUBLIC LOCAL LAWS OF WASHINGTON COUNTY, MARYLAND (THE “1-108
LIST”) – Kirk C. Downey, County Attorney
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.
11:20 A.M APPROVAL OF BY-LAWS FOR THE COMMUNITY ORGANIZATION FUNDING
COMMITTEE – Susan Buchanan, Director, Office of Grant Management and Krista Hart,
County Clerk
11:25 A.M. HAGERSTOWN URBAN IMPROVEMENT PROJECT GRANT AGREEMENT AND
AMENDED SUB-RECIPIENT AGREEMENT REVIEW AND APPROVAL – Susan
Buchanan, Director, Office of Grant Management
11:35 A.M. COMMUNITY ORGANIZATION FUNDING – SERVICE PRIORITY AREAS FOR FISCAL
YEAR 2021 - Susan Buchanan, Director, Office of Grant Management
11:40 A.M. PROPOSED PAYMENT IN LIEU OF TAXES (“PILOT”) AGREEMENT FOR SOLAR
HAGERSTOWN LLC – Justin Fike, Principal, Aperture Power
11:50 A.M. EMERGENCY MEDICAL SERVICE (EMS) SPECIAL PROCEDURES AND AUDITING
SERVICES – R. David Hays, Director, Division of Emergency Services and Kim Edlund,
Director, Budget and Finance
11:55 A.M. CITY / COUNTY MEMORANDUM OF UNDERSTANDING (MOU) BRIEF – R. David Hays,
Director, Division of Emergency Services
12:00 P.M. RECESS
02:00 P.M. JOINT MEETING: CITY OF HAGERSTOWN
Location: Washington County Administration Building, 100 W. Washington Street,
Hagerstown, Maryland
Agenda proposed by the City of Hagerstown
•Tax Sale Properties
•Annual payment for consolidated Communications Center
•Automatic and Mutual Aid Firefighting, Rescue and EMS Agreement
•Medium-Range Growth Area (MRGA) and Economic Development
Goals
03:00 P.M. ADJOURNMENT
Open Session Item
SUBJECT: Property Acquisitions for Widening of Eastern Boulevard
PRESENTATION DATE: August 27, 2019
PRESENTATION BY: Todd Moser, Real Property Administrator, Scott Hobbs, Director, Division of
Engineering
RECOMMENDED MOTION: Move to approve the option agreements for partial property acquisitions
including fee simple and/or easements for 1118 Klick Way, 521, 531, 905, 907, 909, and 913 Antietam
Drive 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 seven above-stated properties.
Both the fee simple and easement acquisitions 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.
(Commercial) Temporary
Construction Easement,
1,155 Perpetual
Drainage Easement
Construction Easement
Temporary
Antietam Drive Construction Easement,
349 Square Feet
Perpetual Drainage
Easement.
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: $28,750 CIP Budgeted Project
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
CONCURRENCES: County Attorney
ALTERNATIVES: N/A
ATTACHMENTS: Aerial Maps, Ordinance
AUDIO/VISUAL NEEDS: N/A
Eastern Boulevard
0 250 500 750 1,000Feet
Legend
- Eastern Boulevard Project Location
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WASHINGTON COUNTY MARYLAND
Jefferson Blvd (MD 64)Jefferson Blvd (MD 64)
SecurityRoad
AntietamDrive Needys Lane
OldForgeRoadEasternBoulevard
Northern Avenue
LeitersburgPike
LeitersburgPike
EASTERNBOULEVARDEXTENDED
EASTERN
BOULEVARD
PHASE
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- Eastern Blvd & Antietam Dr
- Eastern Boulevard Phase I
- Eastern Boulevard Phase II
- Eastern Boulevard Extended
EASTERN
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531 Antietam Drive
521. Antietam Drivc.
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 905, 907, 909,
and 913 Antietam Drive, 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 No. 1: (Perpetual and Permanent Drainage
Easement:
All that parcel of land consisting of 135 square feet or 0.0031 acre of land, more or less,
situate along the southerly side of Antietam Drive in Election District No. 18, Washington
County, Maryland, and shown and/or indicated as “PERPETUAL EASEMENT FOR DRAINAGE AREA
NO. 7” 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. 100-10-579.
The above parcel of land being a portion of Parcel No. 4 in a deed from Anita Louise
Snyder, by her Attorney-in-fact, Ronald Lee Snyder, Jr., to Matthew D. Curry, dated July 23,
2019, and recorded among the Land Records of Washington County, Maryland, in Liber 6029,
folio 361.
EASEMENT PROPERTY ACQUISITION No. 2: (Perpetual and Permanent Drainage
Easement:
All that parcel of land consisting of 104 square feet or 0.0024 acre of land, more or less,
situate along the southerly side of Antietam Drive in Election District No. 18, Washington
County, Maryland, and shown and/or indicated as “PERPETUAL EASEMENT FOR DRAINAGE AREA
NO. 8” 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. 100-10-579.
The above parcel of land being a portion of Parcel No. 5 in a deed from Anita Louise
Snyder, by her Attorney-in-fact, Ronald Lee Snyder, Jr., to Matthew D. Curry, dated July 23,
2019, and recorded among the Land Records of Washington County, Maryland, in Liber 6029,
folio 361.
EASEMENT PROPERTY ACQUISITION No. 3: (Perpetual and Permanent Drainage
Easement:
All that parcel of land consisting of 73 square feet or 0.0017 acre of land, more or less,
situate along the southerly side of Antietam Drive in Election District No. 18, Washington
County, Maryland, and shown and/or indicated as “PERPETUAL EASEMENT FOR DRAINAGE AREA
NO. 9” 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. 100-10-579.
The above parcel of land being a portion of Parcel No. 1 in a deed from Anita Louise
Snyder, by her Attorney-in-fact, Ronald Lee Snyder, Jr., to Matthew D. Curry, dated July 23,
2019, and recorded among the Land Records of Washington County, Maryland, in Liber 6029,
folio 361.
EASEMENT PROPERTY ACQUISITION No. 4: (Perpetual and Permanent Drainage
Easement:
All that parcel of land consisting of 37 square feet or 0.0009 acre of land, more or less,
situate along the southerly side of Antietam Drive in Election District No. 18, Washington
County, Maryland, and shown and/or indicated as “PERPETUAL EASEMENT FOR DRAINAGE AREA
NO. 7” 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. 100-10-579.
The above parcel of land being a portion of Parcel No. 2 in a deed from Anita Louise
Snyder, by her Attorney-in-fact, Ronald Lee Snyder, Jr., to Matthew D. Curry, dated July 23,
2019, and recorded among the Land Records of Washington County, Maryland, in Liber 6029,
folio 361.
\\washco-md.net\CountyAttorney\Documents\Engineering\Eastern Boulevard Widening- Prop. acquisitions (Phase II)\ORD\Ordinance - Curry - drainage easements.DOC
Open Session Item
SUBJECT: Claggett’s Mill – Dissolution of APFO Agreement
PRESENTATION DATE: August 27, 2019
PRESENTATION BY: Kirk C. Downey, County Attorney
RECOMMENDED MOTION: Move to approve the dissolution and rescission of the Claggett’s Mill
APFO Agreement
REPORT-IN-BRIEF: In 2007, Claggett’s Mill entered into an APFO Agreement to mitigate school
capacity issues. The Agreement requires that Claggett’s Mill pay $22,000 per lot to mitigate school
capacity issues. The APFO has since been amended. If the APFO Agreement were not in place,
Claggett’s Mill would have to pay $2,891.46 per building lot to address school capacity issues.
DISCUSSION: The existing APFO Agreement was entered in 2007 when market conditions were
very different. Since that time, the APFO has been amended to allow for an Alternate Mitigation
Contribution (AMC) to address school capacity situations under certain circumstances. In this case,
Claggett’s Mill would be eligible to utilize the AMC approach. The AMC provisions of the Ordinance
would require a contribution of $2,891.46 per lot. If there were no APFO Agreement in place,
Claggett’s Mill would be able to use the AMC method as a matter of right. The $22,000 APFO fee
makes the property unmarketable and the land undevelopable.
FISCAL IMPACT: Enabling sale and development of the remaining lots in the subdivision will
positively increase the tax base.
CONCURRENCES: N/A
ALTERNATIVES: Leave the existing agreement in place, resulting in the development being
unsuccessful
ATTACHMENTS: Letter from Elm Street Development, Claggett’s Mill APFO Agreement
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
August 14, 2019
Jeffrey A. Cline, President
Board of County Commissioners
Of Washington County, Maryland
100 West Washington St., Room 226
Hagerstown, MD 21740
RE: Claggett’s Mill Subdivision
Poffenberger Road
WCPR&P File Number PP-19-001
Dear Commissioner Cline,
Claggett’s Mill, L.C. is the developer of the Claggett’s Mill residential development
located along Poffenberger Road east of Maryland Route 65. The design of this project began in
2004 and the Site Development plan at that time was for a 238 lot yield. That development plan
was approved by the Chief Engineer of Washington County in February 2006. The development
of this project required Claggett’s Mill, L.C. to enter into an Agreement with the Commissioners
to meet the requirements of the Adequate Public Facilities Ordinance (APFO) for Schools in
place at the time. We, Claggett’s Mill L.C., then chose to record and market lots on this project.
The lots recorded previously included 48 lots that were recorded in 2007 and 2010. The
referenced Agreement was prepared and executed by both parties on 25 April 2007. I’ve attached
the referenced Agreement for your use. This Agreement applied to the entire Claggett’s Mill
subdivision which, at the time of agreement execution, consisted of 238 residential lots.
Generally speaking, the APFO-Schools Agreement required a payment to the County of $22,000
per building lot as a “school contribution”. The Agreement stated that the amount, $22,000, was
made up of two (2) components, the “County’s Base Excise Tax” ($13,000 per lot at the time the
2007 Agreement was executed) and the “Mitigation Amount” of $9,000 (difference between
$22,000 per lot and the 2007 base excise tax of $13,000).
As you are aware, both Excise Tax and School Mitigation Fee computations have been
re-visited since we executed the 2007 Agreement. The current Excise Tax is $1.00 per square
foot of habitable gross square footage. As an example, assuming a new home would contain
4,000 square feet of habitable area, the Excise Tax obligation would be $4,000.00. This $4,000
fee would be one component of the two cited within the 2007 Agreement and the other would be
the Mitigation Amount. The current Adequate Public Facilities Ordinance makes reference to
Schools within Article 5 and includes an Alternate Mitigation Contribution (AMC) computation
method. The use of the AMC requires that a “schools test” be conducted to ensure eligibility.
1355 BEVERLY RD, SUITE 240 MCLEAN, VA 22101 PHONE: 703-734-9730 FAX: 703-734-0322
President Jeffrey A. Cline
August 14, 2019
Page 2 of 2
This test was last conducted on August 1, 2019 by County Planning Staff and the results of same
concluded that Claggett’s Mill did meet the requirements for use of the Alternative Mitigation
Contribution. I’ve attached a copy of this County prepared analysis for your use.
The results of the AMC determined a school mitigation contribution of $2,891.46 per building
lot. Therefore, the required APFO contribution for the Claggett’s Mill project is $6,891.46 based
on a dwelling with a habitable gross square footage of 4,000 S.F and the Alternate Mitigation
Contribution amount determined by County Planning staff under their August 1, 2019 analysis.
The current 2007 Agreement establishes a per lot contribution of $22,000 while the current
August 2019 County criteria establishes a per lot contribution of $6,891.46, a difference of
$15,108.54 per lot. Given the current values of homes and residential lots, the requirements of
the 2007 Agreement make our property un-marketable as adjacent developers can offer
effectively the same type lot in a similar style community at a $15,000 savings. Therefore, we
respectfully request that the 2007 Agreement be revised to allow the APFO obligations to be
computed based on the current Ordinances in place. You can contact me anytime at 301-646-
2702 or by email at jwiley@elmstreetdev.com.
Sincerely,
Jason Wiley
Manager, Claggett’s Mill, LC
Vice President, Elm Street Development, Inc.
Copy to: Kirk Downey, County Attorney
Steve Cvijanovich, Fox & Associates, Inc.
1355 BEVERLY RD, SUITE 240 MCLEAN, VA 22101 PHONE: 703-734-9730 FAX: 703-734-0322
APFO SCHOOLS MITIGATION AGREEMENT
CLAGGETT'S MILL
THIS APFO SCHOOLS MITIGATION AGREEMENT (hereinafter
"Agreement"), made this day of A ..�. , 2007, by and between
CLAGGETT'S MILL, L.C., a Virginia limited liability company with an address of
1355 Beverly Road, Suite 240, McLean, Virginia, 22101, (hereinafter "Developer"), and
the BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY,
MARYLAND, a body corporate and politic and a political subdivision of the State of
Maryland, with an address of 100 West Washington Street, Hagerstown, Maryland,
21740 (hereinafter the "County").
RECITALS
A. Developer owns a parcel of land located on the south side of Poffenberger
Road, in Election District 10, Washington County, Maryland, containing 108.9 f acres of
land, and is the contract purchaser of a parcel of land on the north side of Poffenberger
Road, in Election District 10, Washington County, Maryland, consisting of 120 + acres of
land, and has undertaken to develop these two parcels (hereinafter the "Real Property")
into an integrated project, known as Claggett's Mill, consisting of two hundred and
thirty-eight (238) single family dwelling units (hereinafter the "Development").
B. Developer submitted a preliminary plan for the entire Development
prepared by Davis, Rem & Associates (and received on August 31, 2004, by the County
Planning Department), a copy of which is on file in the Planning Department and which
also was unanimously approved by the Washington County Planning Commission on
September 13, 2004, with conditions (hereinafter the "Development Plan"), which
approval has now been extended until September 13, 2007, unless further extended.
C. Developer also submitted a final plat for approval to the Washington
County Planning Commission for the development of eighty-seven (87) single family lots
as shown on a site plan prepared by Davis, Renn & Associates entitled "Claggett's Mill,
Phase I," (hereinafter "Phase I") dated July 2004 (received August 31, 2004 by the
Planning Department) copies of which are on file in the Planning Department.
D. As is permitted by Article IX -Exceptions, Agency Participation, Section
9.1 of the Washington County Adequate Public Facilities Ordinance ("APFO"),
Developer, as the fee simple owner of a portion of the Development and contract
purchaser of a portion of the Development, and the County have agreed to a mitigation
plan by Developer to advance the adequacy of the local schools infrastructure serving the
Development.
E. Developer agrees and acknowledges that its obligation for utility
construction associated with the Development is not and shall not be part of this
Agreement, and further, that any such costs, fees and expenses are separate and distinct
from any costs, fees and expenses discussed herein.
F. Developer agrees and acknowledges that this Agreement relates only to
the Development and to the adequacy of the public school capital facilities. Obligations
that the Developer may have for water/sewer infrastructure, road construction, or any
other obligation under the APFO associated with the Development, if any, are not and
shall not be part of this Agreement. Owner understands and acknowledges that there may
N
be further obligations for water/sewer infrastructure, road construction, or any other
obligations associated with the Development that may require mitigation pursuant to the
APFO which shall be governed by separate agreement. Further, any such costs, fees and
expenses associated with water/sewer conshuction, road construction, or any other
obligation under the APFO or other County ordinances or policies are separate and
distinct from any costs, fees and expenses discussed herein.
G. Developer has requested approval by the County, and County has agreed,
pursuant to Developer's request, to enter into this Agreement in order to satisfy the APFO
schools requirement for the entire Development and to facilitate the commencement of
the construction of Phase I of the Development by Developer as well as other matters
relating thereto.
NOW, THEREFORE, in consideration of the covenants, conditions and
agreements, hereinafter expressed, the parties agree as follows:
1. School Contribution. In accordance with the payment schedule noted
below and except as otherwise. indicated herein, Developer shall pay to the County the
amount of Twenty -Two Thousand Dollars ($22,000.00) for each building lot of the
Development ("the School Contribution"). This amount consists of the County's base
excise tax (currently Thirteen Thousand Dollars ($13,000.00) per lot)("the Base Excise
Tax"), plus a mitigation contribution which shall be equal to the difference between the
then current amount of the County excise tax and Twenty -Two Thousand Dollars
($22,000.00) (currently Nine Thousand Dollars ($9,000.00) per lot)("The Mitigation
Amount"). At the time of recordation of any subdivision plat for the Development,
Developer shall pre -pay to the County the Mitigation Amount, in the amount of Nine
3
Thousand Dollars ($9,000.00), for each lot on the plat that is recorded. The balance of
the School Contribution shall be payable for each lot at the time of issuance of a building
permit, for such lot. The parties further agree:
(i) In the event that the County increases the excise tax rates during
the operative term of this Agreement such that the Base Excise Tax for
single-family homes is increased above $22,000, then the Developer shall
pay a School Contribution for each building permit/lot equal to the new
Base Excise Tax, without any additional Mitigation Amount.
(ii) In the event that the County increases the excise tax rates during the
operative term of this Agreement but said increase does not increase the
Base Excise Tax above $22,000 for single-family homes, then Developer
shall pay the School Contribution of $22,000 as indicated herein. In such
event, the Mitigation Amount shall be decreased by the amount of the
increase in the base excise tax such that the total School Contribution
remains $22,000.
(iii) In the event that the County decreases the excise tax rates during the
operative term of this Agreement, then Developer shall pay the School
Contribution of $22,000 as indicated herein. In such event, the Mitigation
Amount shall be increased by the amount of the decrease in the base
excise tax such that the total School Contribution remains $22,000.
By way of examples:
(i) Under the current Excise Tax Ordinance, at the time of plat recordation,
the Developer will pay $9,000 per lot as a mitigation amount for each lot
on the plat being recorded. At the time of applying for each individual
building permit, the Developer will pay the excise tax of $13,000 per lot.
(ii) If the amount of the excise tax is increased to $26,000 prior to the issuance
of a building permit for a lot, the amount of excise tax due at the time of
building permit issuance will be $17,000.00 per lot ($26,000 less the
$9,000 pre -payment made at the tune of plat recordation).
(iii) If the amount of the excise tax is increased from $13,000 to $15,000 prior
to the issuance of a building permit for a lot, the amount of the excise tax
due at the time of building permit issuance shall be $13,000, rather than
$15,000. The difference of $2,000 shall be considered to have been pre-
paid at the time of lot recordation as a part of the $9,000 payment.
Developer shall also pay all applicable State and County fees normally charged
for proposed development. Developer's payment of the School Contribution and its
fulfillment of its other obligations under this Agreement are in complete fulfillment and
2
satisfaction of any and all obligations that Developer has or may in the future have to
mitigate the effect of the Development on public schools or otherwise advance the
adequacy of public school facilities in the County. The County shall allow Developer to
obtain 'building permits for single family dwelling units to be constructed on the eighty-
seven (87) lots in Phase I of the Development as shown on the Final Plat in accordance
with the schedule set forth below. For Phase I1 of the Development, Developer shall be
required to fully satisfy the roads component of the APFO and any other APFO
obligations, in accordance with approval of the Development Plan, prior to the issuance
of building permits in Phase 11. However, as to schools, this Agreement details the rights
and obligations of the parties, and no further testing for APFO schools compliance shall
be required for Phase I1 of the Development.
2.. Development Phasing Schedule. In consideration of the School
Contribution and other obligations set forth herein below, the County shall allow the
recordation of lots and shall issue building permits to allow: (1) the construction of
single family dwelling units on the eighty-seven (87) lots in Phase I of the Development,
and (2) the future construction of single family dwelling units on the remaining one
hundred and fifty-one (151) lots in Phase I1 of the Development, all in accordance with
the following phasing schedule (the "Development Phasing Schedule"), as long as
Developer complies with all County ordinances, regulations and policies, including, but
not limited to, satisfaction of the APFO roads obligations for Phase II of the
Development:
5
CALENDAR YEAR
PHASE
2007
2008
2009
PHASE II
NO. OF PERMITS
20
50
17
Total — 87 single family dwelling units.
2009* 33
2010 50
2011 50
2012 18
Total — 151 single family dwelling units.
The beginning date of building permit issuance of dwelling units to be constructed in
Phase II of the Development shall be 2009, provided that all APFO roads and other
APFO requirements for Phase Il of the Development have been fully satisfied, or in such
later calendar year as such APFO approvals are received. If the beginning date of the
Development Phasing Schedule for Phase II is later than 2009, all the subsequent dates in
Phase 1I shall automatically be adjusted to follow such delayed start date.
a. Any building permits not issued in the year indicated in the Development
Phasing Schedule maybe obtained cumulatively in year(s) subsequent to the
Development Phasing Schedule year set forth above.
b. Each year of the Development Phasing Schedule shall be defined as a
calendar year consisting of twelve (12) months.
rel
c. This Agreement shall not be assignable and transferable by Developer to
any individual, company, group, corporation, or other entity that purchases the
Development or otherwise becomes responsible for the project's development or the
construction of any homes therein, without the prior written approval and consent of the
County. Developer shall request consent of the County in writing as indicated in Section
4 herein. The County shall respond to the Developer in writing within sixty (60) days of
the date the request is received by the County with the County's response being timely if
it is personally delivered or placed with the United States Postal service on or before the
60"' day as contemplated herein. In the event that the County's response is not timely,
then the Developer's request shall be deemed to be approved. The consent of the County
shall not be unreasonably withheld.
d. In the event that a "moratorium" (as hereinafter defined) is imposed, then
the Development Phasing Schedule and Developer's rights to record and construct
residential units on the lots per calendar year hereunder shall be extended for one (1)
additional day for each day during which such moratorium exists, and the Development
shall not be subjected to any additional regulation, legislation, limitation, phasing,
contributions, or delay in construction or issuance of building pen -nits with respect to
APFO school issues after the moratorium is lifted, except for any increase in the excise
tax as indicated herein. In addition, should a moratorium prevent the construction in any
calendar year of the number of units provided for above, the "shortfall" in the number of
such units shall be added to the number of units in the calendar year following the year
during which the moratorium was in effect, so long as Developer is in compliance with
any and all County ordinances, regulations and policies.. For example, if a moratorium
7
imposed on June 1, 2008 prevents the construction of forty (40) of the fifty (50) units
provided for in that year, then the County shall allow construction to occur of the said
forty (40) units in calendar year 2009. The term "moratorium" shall mean the
implementation or declaration by the United States Government, State of Maryland,
Washington County, the City of Hagerstown and/or any agency, department, division
and/or branch thereof for put -poses of a limitation, prohibition, restriction and/or phasing
upon the review, recording, development and construction upon lots subdivided from the
Real Property as intended by Developer. Nothing in this Agreement shall be interpreted
as exempting Developer from compliance with laws, regulations, and policies of the
County or the State, including without limitation those of the Maryland Department of
the Environment or the County Department of Water Quality concerning the allocation of
water and sewer and related matters.
e. Although the lots are to be developed as provided for hereinabove, the
Parties recognize that the Development is intended to be developed as an integrated
whole or community, with roads, parks, utilities and other amenities to serve the entire
Development. As such, subject to being required to provide such security prior to plat
recordation as may reasonably be required by the County and subject to the terms of
appropriate and reasonable Public Works Agreements, Developer, in its discretion, shall
be permitted to complete grading, paving and development of infrastructure
improvements in sections of the Development for which preliminary plan and/or
improvement plan approval has been obtained, without regard to whether these
completed improvements serve lots which Developer will not be immediately able to
record based on the Development Phasing Schedule. For example, while Developer will
phase the constructions of dwelling units as indicated herein, Developer, in its discretion,
shall have the right to proceed with completion of all or so much of the infi•astructure of
the Development to permit the Real Property to be developed in a logical and efficient
fashion. If Developer chooses to advance construction of the infrastructure for all or a
part of a Phase or Section in advance of plat recordation, Developer shall be required to
provide security for those improvements, all in accordance with all County ordinances,
regulations, and policies. In no way shall this subparagraph e. be interpreted as requiring
that all of one Phase or Section be completed and recorded prior to advancing into a new
Phase or Section for purposes of construction of infrastructure. The issuance of permits
for the construction of infrastructure shall not give rise to an expectation that building
permits for homes shall be issued, except in accordance with the Development Phasing
Plan in this Agreement. Likewise, the issuance of permits for construction of
infrastructure in future phases of the Development shall in no way imply or guarantee
APFO roads approval or any other APFO related approval.
3. Future Obligations. This Agreement in no way releases Developer or its
successors or permitted assigns from potential or future APFO obligations including, but
not limited to, obligations to satisfy the APFO roads requirement for Phase II of the
Development or obligations as they may arise pertaining to additions and/or
modifications of the Development.
4.' General Provisions. (a) This Agreement shall not be assignable or
transferable by Developer to another individual, company, group, corporation, or other
entity without the prior written approval and consent of the County, which approval and
consent shall not be unreasonably withheld; and (b) All notices and correspondence under
W
or regarding this Agreement or any provisions hereof shall be in writing and shall be
hand -delivered or sent postage prepaid by either (i) United States mail, certified, return
receipt requested, or (ii) for delivery the next business day with a nationally recognized
express courier to Developer:
Claggett's Mill, L.C.
1355 Beverly Road, Suite 240
McLean, VA 22101
Attn. John M. Clarke, Manager
And to the County at:
Michael C. Thompson
Director of Planning and Community Development
80 W. Baltimore Street
Hagerstown, MD 21740
and
Office of the County Attorney
100 West Washington Street, Room 202
Hagerstown, Maryland 21740
5. Laws of Maryland. This Agreement was made and entered into in
Maryland and is to be governed by and construed under the laws of the State of
Maryland.
6. Recitals. The Recitals are hereby incorporated into this Agreement as
substantive provisions.
7. Entire Agreement: Modification. This Agreement, and the materials
and documents incorporated herein by reference, constitute the entire Agreement between
the parties. There are no other promises or other agreements, oral or written, express or
implied between the parties other than as set forth in this Agreement. No change or
modification of, or waiver under, this Agreement shall be valid unless it is in writing and
10
signed by authorized representatives of Developer and the County. Any further
expansion or modification to the Development shall not be governed by this Agreement
but shall be governed by all applicable rules, regulations, policies and laws in effect at the
time of said expansion or modification.
8. Severability. If any provision of this Agreement shall be determined to
be invalid or unenforceable, the remaining provisions of this Agreement shall not be
affected thereby, and every provision of this Agreement shall remain in full force and
effect and enforceable to the fullest extent permitted by law.
9. Waiver. Neither party's waiver of the other's breach of any terin,
covenant or condition contained in this Agreement shall be deemed to be a waiver of any
subsequent breach of the same or any other term, covenant or condition in this
Agreement.
10. Survival. The covenants contained herein or liabilities accrued under this
Agreement which, by their terms, require their performance after the expiration or
termination of this Agreement shall be enforceable notwithstanding the expiration or
other termination of this Agreement.
11. Counterparts/Execution. This Agreement may be executed in one or
more counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument. A facsimile or photocopy of a signature of
a party shall constitute an original signature, fully binding the party for all purposes.
12. Headings. The headings herein are inserted only as a matter of
convenience and do not in any way define, limit, construe or describe the scope of intent
of this Agreement.
13. Successors Bound: This Agreement shall be binding on and shall inure to
the benefit of the successors, assigns, heirs and legal representatives of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement under their
respective seals as of the day and year first above written.
ATTEST:
ATTEST:
Joni L•Bittner, Clerk
CLAGGETT'S MILL, L.C.
(Y)
BY: NMI'
. �. -y 'SEAL)
Jarke, Manager
BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY,
MARYLAND
MV
Bail, President
STATE OF MARYLAND. COUNTY OF , to -wit:
I HEREBY CERTIFY that on this day of MUL_ , 2007, before
me, the subscriber, a Notary Public in and for the State and County aforesaid, personally
appeared John M. Clarke, who acknowledged himself to be the Manager of Claggett's
Mill, L.C: and, being duly authorized so to do, did further acknowledge that he executed
the foregoing instrument for the purposes therein contained. _
Notary Public U
My Commission Expires: O
12
STATE OF MARYLAND, COUNTY OF WASHINGTON, to -wit:
I HEREBY CERTIFY that on thiO51 ay of A , 2007, before me,
the subscriber, a Notary Public in and for the State and County aforesaid, personally
appeared John F. Barr, President, Board of County Commissioners of Washington
County, Maryland, who acknowledged that the foregoing is the act and deed of the Board
of County Commissioners of Washington County, Maryland, and that he is authorized by
it to make this acknowledgment.
y14 ' 1_1 1 (5 ti_A"-H.Ivl�
Notary Public
My Commission Expires: li -/ 0's
JAPlamung\Clagett's Mi11\APFO Schools Mitigation Agreement FINAL [April 2007]
13
Developer:LGI of Maryland Single Family 100 Type Elem Mid High
Subdivision: Claggetts Mill Townhouse 0 Single Family 0.43 0.18 0.21
Reference #: Courtesy Test Multi-Family 0 Townhouse 0.33 0.1 0.11
Date of Test:August 1, 2019 Multi-Family 0.33 0.13 0.14
Name LRC
Elementary Rockland Woods 676 590 60.63 -13.4 43.0 680.2 -4.2 751.0 90.6%
Middle E Russell Hicks 841 816 41.68 -1.3 18.0 874.4 -33.4 841.0 104.0%
High South Hagerstown 1240 1236 59.42 11.4 21.0 1327.8 -87.8 1240.0 107.1%
State Rated
Capacity
Local Rated
Capacity (90%)
State Rated
Capacity
Local Rated
Capacity
(100%)Capacity
Capacity
(100%)
Bester 604 628 565 Boonsboro 745 870 870 Boonsboro 942 1098 1098
Boonsboro 581 499 449 Clear Spring 350 605 605 Clear Spring 451 656 656
Cascade 160 278 250 E. Russell Hicks 816 841 841 Hancock Middle/High 251 591 591
Clear Spring 419 385 347 Northern 726 913 913 North Hagerstown 1334 1423 1423
Eastern 442 572 515 Smithsburg 642 839 839 Smithsburg 751 897 897
Emma K. Doub 338 297 267 Springfield 843 1096 1096 South Hagerstown 1236 1240 1240
Fountaindale 378 352 317 Western Heights 949 998 998 Williamsport 894 1094 1094
Fountain Rock 261 271 244
Greenbrier 214 274 247
Hancock 237 295 266
Hickory 309 235 212
Jonathan Hager 382 471 424
Lincolnshire 550 555 500
Maugansville 705 755 680
Old Forge 380 366 329
Pangborn 764 745 671
Paramount 430 408 367
Pleasant Valley 241 225 203
Potomac Heights 303 294 265
Rockland Woods 590 751 676
Ruth Ann Monroe 579 692 623
Salem Avenue 727 725 653
Sharpsburg 243 249 224
Smithsburg 371 431 388
Williamsport 587 568 511
Eastern/Ruth Ann Monroe*1021 1264 1138
Current Elementary School Enrollment
from BOE (Jun 2019)
*For the purposes of this analysis Ruth Ann Monroe Primary School and
Eastern Elementary School share the same school district therefore their
enrollment, SRC, and LRC shall be combined into one school district.
Current Middle School Enrollment from
BOE (Jun 2019)
Current High School Enrollment from
BOE (Jun 2019)
Pipeline Background Pupils Generated from Total Adjusted School
ALTERNATE MITIGATION CONTRIBUTION for:
Pupil Gen. rate updated to figures app'd by BCC April 2016
complete shaded areas with development information
use line appropriate for type of unit
(A/B x C) x D x E = Alternate Mitigation Contribution Type Elem Mid High
Single Family 0.43 0.18 0.21 0.27
$41,189.55 A = average cost of a school seat Townhouse 0.33 0.1 0.11 0.18
50 B = life expectancy (50 years)Multi-Family 0.33 0.13 0.14 0.20
C = average pupil generation rate for type of development
13 D = total # of years typical student spends in all schools (6 in elementary, 3 in middle and 4 in high school = 13)
E = # of units in development
A /B =x C =x D =E =AMC
$41,189.55 /50 =823.79$ x 0.20 =164.76$ x 13 =2,141.86$ x =-$
A /B =x C =x D =x E =AMC
$41,189.55 /50 =823.79$ x 0.18 =148.28$ x 13 =1,927.67$ x =-$
A B C D E AMC
$41,189.55 /50 =823.79$ x 0.27 =222.42$ x 13 =2,891.46$ x 100 =289,146.00$
TOTAL=289,146.00$
AMC SINGLE FAMILY
Pupil Generation Rates Average Pupil
Gen Rate
AMC APARTMENTS
AMC TOWN HOMES
Open Session Item
SUBJECT: Express Approval – Funkstown proposed annexation
PRESENTATION DATE: August 27, 2019
PRESENTATION BY: Stephen T. Goodrich, Director, Department
of Planning and Zoning
RECOMMENDED MOTION: Move to grant Express Approval to the Town of Funkstown to
allow development on the annexed property in conformance with the Funkstown Town Residential
zoning on 111.19 acres which will permit development with uses and densities that are not
substantially different than the uses and densities that would be allowed under the current County
zoning districts of Residential Urban or Residential Multi-Family.
REPORT-IN-BRIEF: The properties proposed for annexation by the Town of
Funkstown as requested by the owners are listed below.
OWNER PARCEL # ACREAGE PROPOSED
FUNKSTOWN
ZONING
COUNTY
ZONING
1273 1.74 acres Town Residential Residential
Urban
Schultz
Urban
Lyles Family Venture, LLC
Antares Properties, LLC
122 Lot 10
122 Lot 11
122 Lot 12
1.55 acres
1.14 acres
1.19 acres
Town Residential
Town Residential
Town Residential
Res. Multi-family
Res. Multi-family
Res. Multi-family
Town of Funkstown
Part of 459
Part of 459
17.80 acres
23.21 acres
Town Residential
Town Residential
Urban
Residential
Urban
TOTAL ACREAGE
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
The property owners have petitioned the Town for annexation. The properties are
located on the southeast side of the Town and contiguous to the current town boundary.
They are bounded on the southwest by Alt. Rt. 40, on the south by Interstate 70 and on
the northeast by Beaver Creek Road.
The Funkstown Mayor and Council's Resolution regarding the annexation states that
the Town will assign the Town Residential (TR) zoning district to the property upon
annexation. The property currently has County zoning designations of Residential
Urban (RU) and Residential Multi-family (RM) as indicated in the chart above.
The permitted uses in Funkstown’s Town Residential district are very similar to those
permitted in the County's RU and RM districts. The Town states in the application its
belief that the uses permitted in the TR district are consistent with current County
zoning, permitted densities are lower in the Town and that Express Approval is not
needed. The Town requests concurrence with that opinion or, if the County disagrees,
a grant of Express Approval is requested. The request includes a comparison chart of
uses permitted in the Town and County zoning districts. A few corrections to items
highlighted in the attached chart are necessary.
Bed & Breakfast is not permitted as a special exception in RM zoning as
indicated on the chart.
Cemeteries are not permitted in RS, RU or RM.
Group homes as defined by Funkstown are not permitted as special exceptions
in the RS, RU or RM zones. However, Certified Adult Residential Environment
homes (CARE) are permitted in the residence of the care provider for up to 8
individuals per MD Code.
Civic buildings are permitted in the RS, RU and RM districts but the government
office buildings permitted by Funkstown would be by special exception in the
County districts.
An additional chart prepared by County staff provides comparison of several additional
uses not evaluated in the chart provided by the Town.
USE Funkstown
Town Residential Residential Residential Residential
The Town’s request also includes a lot size comparison chart that shows Funkstown’s
residential lot sizes are all larger than the County’s minimums, resulting in a lower
overall density. In addition, Funkstown’s maximum allowable density is 8 dwelling
units per acre (dua). The County’s maximum is calculated based on minimum lot size
permitted as 8.7 dua in RU and 12 dua in RM.
There are no known development proposals for any of the properties proposed for
annexation. There is an existing dwelling on the Sagi and Shultz parcels. The 43 acres
owned by the Town is unlikely to be “developed” except with uses for the benefit of all
town residents.
DISCUSSION: The basis for seeking Washington County Commissioners express
approval of the annexation comes from the Local Government Article of Maryland's
Annotated Code, §4-416(b) which says:
"Without the express approval of the county commissioners or county council
of the county in which the municipality is located, for 5 years after an
annexation by a municipality, the municipality may not allow development of
the annexed land for land uses substantially different than the authorized use,
or at a substantially higher density, not exceeding 50%, than could be granted
for the proposed development, in accordance with the zoning classification of
the county applicable at the time of the annexation. "
FISCAL IMPACT: No cost to Washington County
CONCURRENCES: N/A
ALTERNATIVES: Determine Express Approval is not needed or do not grant express approval
ATTACHMENTS: Location Map, Funkstown letter requesting Express Approval determination
and attachments including comparison charts and maps
AUDIO/VISUAL NEEDS: None
FUNKSTOWN MAYOR & COUNCIL
P.O. Box 235 -30 East Baltimore St.
Funkstown, Maryland 21734
Stephen T. Goodrich, Director
Department of Planning & Zoning
100 West Washington Street, Suite 2600
Hagerstown, MD Z1740
RE: Annexation of +/-111.19 acres by the Town of Funkstown.
Dear Mr. Goodrich:
RECEIVED
JUL 31 2019
WASHINGTON COUNTY
PLANNING DEPARTMENT
On July 8, 2019, the Mayor and Town Council of Funkstown introduced a Resolution (Charter
Amendment 2019-1) to annex +/- 111.19 acres into the Town. A copy of the Resolution
including the Exhibits thereto is attached hereto for your reference_
Also inchi ded herewith is a copy of the published notice for the public: hearing to be held on
September 9, 2019 which will appear on July 30, 2019; August 6, 2019; August 13, 2019 and
August 20, 2019.
As explained in the Annexation Plan attached to the Resolution as Exhibit C, the Property to be
annexed is currently zoned a combination of RS (Residential Suburban); RU (Residential
Urban); and RM (Residential Multi -family) by the Zoning Ordinance for Washington County.
The Annexation Resolution recommends that the Property be zoned entirely TR (Town
Residential when annexed into the Town of Funkstown_
Because the recommended TR zoning (i) is consistent in the types of uses permitted; and (ii)
permits a lower maximum density than the current County zoning, it is the opinion of the Town
that the County's "Express Approval" is not needed.
However, pursuant to Md. Code, Local Government §4-406 the Town requests the County's
concurrence that "Express Approval" is not required. In the event the County disagrees and
believes that "Express Approval" is required pursuant to Md. Code Local Government §4-406,
then the Town hereby requests that the County adopt a resolution granting their "Express
Approval" of the. TR (Town Residential) zoning for the Property as more particularly described
in the Annexation Resolution.
Please advise of any questions, concerns or comments and feel free to communicate with our
Town Attorney, Edward L. Kuczynski, at (301) 797-8129 or our Town Manager, Brenda Haynes,.
at (301) 791-0948.
Very truly yours,
TOWN OF FUNKSTOWN
cc: Edward L. Kuczynski, Esquire
Jason Divelbiss, Esquire
Brenda Haynes, Town Manager
PUBLIC NOTICE - ANNEXATION RESOLUTION
Notice is hereby given that the Mayor and Council of the Town of Funkstown,
Maryland will hold a public hearing on Monday, September 9, 2019 at 7:00 p.m. at the
Funkstown Town hall, Mayor and Council meeting room, 30 East Baltimore Street,
Funkstown, Maryland. The public hearing is for the purpose of considering an
annexation resolution introduced by the Town Council on July 8, 2019. The resolution
is requesting the annexation of +/-111.19 acres of land which are immediately adjacent
to and adjoining the present corporate boundary of the Town. The proposed zoning for
the lands to be annexed was referred to and reviewed by the Town of Funkstown
Planning Commission and it was agreed that the TR (Town Residential) zoning is
proper and desirable.
All parties in interest and citizens, either in support of or in opposition to the
annexation resolution, shall have the opportunity to be heard at said time and place.
A copy of the annexation resolution and all information related to the official record is
available for review at Funkstown Town Hall, 30 East Baltimore Street, Funkstown,
Maryland.
Any person desiring a stenographic transcript shall be responsible for supplying a
competent stenographer.
Authority, Town of Funkstown, Maryland
RESOLUTION NO.
RESOLUTION OF THE TOWN COUNCIL OF FUNKSTOWN, MARYLAND TO ENLARGE
THE CORPORATE BOUNDARIES AND THEREBY AMEND THE CHARTER OF THE
TOWN AND AT THE SAME TIME ESTABLISH THE ZONING CLASSIFICATIONS FOR
THE PROPERTIES LOCATED IN THE AREA TO BE ANNEXED.
WHEREAS, pursuant to MD Code, Local Government, §4401 et seq., the Town desires
to enlarge the corporate boundaries of the Town of Funkstown, Maryland by annexing thereto
the properties consisting in the aggregate of_+/- 111.19 acres' which are immediately adjacent
to and adjoining the present corporate boundary of the Town and which are shown and described
by metes and bounds on the "Boundary Line Survey Showing Lands to be Annexed into the
Town of Funkstown" prepared by Frederick Seibert & Associates, Inc. and dated February 26,
2019, a copy of which is attached hereto and incorporated herein as Exhibit A;
WHEREAS, pursuant to MD Code, Local Government, §4-403(b), the Town may
introduce an annexation resolution to the legislative body upon receiving consent from at least
twenty-five percent (25%) of the registered voters who are residents in the area to be annexed;
and the owners of at least twenty-five percent (25%) of the assessed valuation of the real
properly in the area to be annexed;
WHEREAS, Alexander Sagi, Chris A. Schultz, Sr., Lyles Family Venture, LLC and
Antares Properties, LLC, the owners of 100% of the assessed value of lands to be annexed
(exceeding the minimum requirement of 25%) have agreed and consented to this annexation as
set forth in the attached Consent of Property Owners attached hereto and incorporated herein as
Exhibit B;
WHEREAS, there are no registered voters who are residents in the area to be annexed;
WHEREAS, the proposed zoning for the lands to be annexed was referred to and
reviewed by the Town of Funkstown Planning Commission in relation to the Comprehensive
Plan, the Zoning Ordinance, and other applicable land -use ordinances of the Town, and the needs
of the particular neighborhood and vicinities of the area to be annexed, and said Planning
Commission has agreed that the TR (Town Residential) zoning is proper and desirable under all
of the circumstances and should be accomplished at this time.
Section 1. Now, therefore, be it resolved by the Mayor and Town Council of the Town of
Funkstown that the boundaries of the Town, pursuant to MD Code, Local Government, §4-401 et
seq., be and hereby are amended to annex and include within said Town all that certain +/-
1-11.19 acre area of land, being more particularly shown and described by metes and bounds on
Exhibit A attached hereto and incorporated herein;
1 According to the database maintained by the Maryland State Department of Assessments & Taxation (SDAT) the
aggregate acreage of the parcels to be annexed totals +/-122.654. However, the surveyed acreage is +/-111,19.
RESOLUTION NO.
RESOLUTION OF THE TOWN COUNCIL OF FUNKSTOWN, MARYLAND TO ENLARGE
THE CORPORATE BOUNDARIES AND THEREBY AMEND THE CHARTER OF THE
TOWN AND AT THE SAME TIME ESTABLISH THE ZONING CLASSIFICATIONS FOR
THE PROPERTIES LOCATED IN THE AREA TO BE ANNEXED.
WHEREAS, pursuant to MD Code, Local Government, §4401 et seq., the Town desires
to enlarge the corporate boundaries of the Town bf Funkstown, Maryland by annexing thereto
the properties consisting in the aggregate of +/- 111.19 acres which are immediately adjacent
to and adjoining the present corporate boundary of the Town and which are shown and described
by metes and bounds on the `Boundary Line Survey Showing Lands to be Annexed into the
Town of Funkstown" prepared by Frederick Seibert & Associates, Inc. and dated February 26,
2019, a copy of which is attached hereto and incorporated herein as Exhibit A;
WHEREAS, pursuant to MD Code, Local Government, §4-403(b), the Town may
introduce an annexation resolution to the legislative body upon receiving consent from at least
twenty-five percent (25%) of the registered voters who are residents in the area to be annexed;
and the owners of at least twenty-five percent (25%) of the assessed valuation of the real
property in the area to be annexed;
WHEREAS, Alexander Sagi, Chris A. Schultz, Sr., Lyles Family Venture, LLC and
Antares Properties, LLC, the owners of 100% of the assessed value of lands to be annexed
(exceeding the minimum requirement of 25%) have agreed and consented to this annexation as
set forth in the attached Consent of Properly Owners attached hereto and incorporated herein as
Exhibit B;
WHEREAS, there are no registered voters who are residents in the area to be annexed;
. WHEREAS, the proposed zoning for the lands to be annexed was referred to and
reviewed by the Town of Funkstown Planning Commission in relation to the Comprehensive
Plan, the Zoning Ordinance, and other applicable land -use ordinances of the Town, and the needs
of the particular neighborhood and vicinities of the area to be annexed, and said Planning
Commission has agreed that the TR (Town Residential) zoning is proper and desirable under all
of the circumstances and should be accomplished at this time.
Section 1. Now, therefore, be it resolved by the Mayor and Town Council of the Town of
Funkstown that the boundaries of the Town, pursuant to MD Code, Local Government, §4401 et
seq., be and hereby are amended to annex and include within said Town all that certain +/-
111.19 acre area of land, being more particularly shown and described by metes and bounds on
Exhibit A attached hereto and incorporated herein;
1 According to the database maintained by the Maryland State Department of Assessments & Taxation (SDAT) the
aggregate acreage of the parcels to be annexed totals +/-122.654. However, the surveyed acreage is +/-111.19.
Section 2. And be it further resolved by the Mayor and Town Council, that the subject
properties included within the area to be annexed shall each have the TR (Town Residential)
zoning classification upon annexation.
Section 3. And be it further resolved that the annexation of the said area be made subject to
the terms and conditions as set forth in the Annexation Plan attached hereto and incorporated
herein as Exhibit C;
Section 4. And be it further resolved that the conditions and circumstances applicable to the
change in said corporate boundaries and to the residents and property within the area so annexed
shall be subject to the provisions of the Charter of the Town of Funkstown, the Code of the
Town of Funkstown, and all acts, ordinances, resolutions and policies, including but in no way
limited to the obligation of the respective property owners or developer(s) thereof to build all
roadways, water, sewer and other such infrastructure required to serve any future development
on the property to be annexed.
Section 5. And be it further resolved by the Mayor and Council, that this resolution shall
take effect upon the expiration of forty-five (45) days following its final passage, subject
however, to the right of referendum as provided in MD Code, Local Government, §4401 et seq.
WITNESS AND ATTEST
AS TO CORPORATE SEAL
su,""
a6' "
Town Clerk
BY ORDER OF THE MAYOR AND THE
TOWN COUNCIL OF FUNKSTOWN,
EXHIBIT A
(Lands to be Annexed)
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EXHIBIT B
(Consent of Property Owners)
Pursuant to MD Code, Local Government, §4-401 et seg., Alexander Sagi, Chris A.
Schultz, Sr., Lyles Family Venture, LLC and Antares Properties, LLC, being the owners of
100% of the assessed value of the lands to be annexed (exceeding the miniinwn requirement of
25%), do hereby consent to the annexation of their respective properties into the Town of
Funkstown, Maryland as described in and subject to all of the terms and conditions set forth in
the Annexation Resolution to wluch this consent is attachW.
Witness:
Chris A. chultz, Sr.
ANTAkEI&FROPERTIF'S'LLC
By: A
Name: 5b,,,, d C. t7
Title: 1k,4,o, 1zd Ve
LYLE ILY N LC
By:
Name:
Title:
ASSESSMENT OF LANDS TO BE ANNEXED (IN U.S. DOLLARS)
Land To Be Annexed
Owner
T.M./Parcel
Ac.
Land
Improvements
Total
Chris A. Schultz, Sr.
0572/1274
0.52
$56,200
$92,700
$148,900
Alexander Sag!
0572/1273
1.74
$70,500
$120,000
$190,500
Town of Funkstown - Exempt
0572/1281
12.678
$0
$0
$0
Town of Funkstown - Exempt
0058/0459
41.02
$0
$0
$0
Lyles Family Venture, LLC
0058/0108
61.296
$21,000
$0
$21,000
Antares Properties, LLC
0058/0122
1.7
$70,200
$0
$70,200
Antares Properties, LLC
0058/0122
1.3
$67,200
$0
$67,200
Antares Properties, LLC
0058/0122
1.2
$17,700
$0
$17,700
Antares Properties, LLC
0058/0122
1.2
$17,700
$0
$17,700
Totals
122.654
$320,500
$212,700
$533,200
`_�.,'ilOn] 1
Land of Consenting Owners
Chris A. Schultz, Sr.
0572/1274
0.52
$56,200
$92,700
$148,900
Alexander Sagi
0572/1273
1.74
$70,500
$120,000
$190,500
Lyles Family Venture, LLC
0058/0108
61.296
$21,000
$0
$21,000
Antares Properties, LLC
0058/0122
1.7
$70,200
$0
$70,200
Antares Properties, LLC
0058/0122
1.3
$67,200
$0
$67,200
Antares Properties, LLC
0058/0122
1.2
$17,700
$0
$17,700
Antares Properties, LLC
0058/0122
1.2
$17,700
$0
$17,700
Totals
68.956
$320,500
$212,700
$533,200
ANNEXATION PLAN
Location of Properties:
61 Old National Pike (a/k/a 53 Frederick Road)
65 Old National Pike
+/- 41.02 ac. Old National Pike
405 Robert Kline Way
607 Beaver Creek Road
+/-1.7 ac. - Lot 9 Beaver Creek Road
+/-1.3 ac. - Lot 10 Beaver Creek Road
/-1.2 ac. - Lot 11 Beaver Creek Road
+/-1.2 ac. - Lot 12 Beaver Creek Road
Annexation Plan
Owners:
Chris A. Schultz, Sr.
Alexander Sagi
Town of Funkstown
Town of Funkstown
Lyles Family Venture LLC
Antares Properties LLC
Antares Properties LLC
Antares Properties LLC
Antares Properties LLC
Pursuant to §4-415 of the Local Government Article of the Annotated Code of
Maryland, herewith is a proposed outline for extension of services and public facilities
into the areas proposed to be annexed. It is also noted that any future amendments to
the Annexation Plan may not be construed in any way as an amendment to the
resolution, nor may they serve in any manner to cause a re -initiation of the annexation
process.
1. Land Use Patterns of Areas Proposed to be Annexed
A. The area of annexation is +/-111.19 acres, as surveyed (+/-122.654 acres
as per SDAT information).
B. The proposed zoning for all the properties within the area to be annexed is
TR (Town Residential). The purpose of the TR zoning district is as
follows:
This district provides for somewhat higher densities than the Suburban
Residential District. In the Town Residential District, centralized water and
sewerage facilities exist, and future development of this type can safely proceed.
The Town Residential District is intended to recognize existing Town
development and its logical extension; it accommodates a variety of residential
uses, plus limited "convenience" retail commercial uses desirable to serve only
residential areas.
The existing Washington County zoning classifications for the properties
to be annexed is as follows:
EXHIBIT C
Schultz Property: IiFR'(Residential, Suburban)
Sagi. Property: RU (Residential, Urban) + R,4,
Town of Funkstown Properties: RU (Residential, Urban) + 2rA
Lyles Family Venture Property: RM (Residential, Multi -family)
Antares Properties Properties: RM (Residential, Multi -family)
C. From the standpoint of types of uses permitted, the TR zoning
classification is generally consistent with all three (3) of the current
County zoning classifications. See the comparison chart attached hereto
as Exhibit 1. Moreover, the minimum lot sizes permitted in the Towns
TR zoning are all greater than the corresponding lot sizes permitted for
the housing type in the current County zoning classifications. See the
comparison chart attached hereto as Exhibit 2. Thus, the permitted
maximum densities are lower in the Town than in the County. Therefore,
in the opinion of the town, no "express approval" of a zoning change by
the County is needed. However, the County's concurrence in this
decision has been requested.
D. The properties to be annexed are located within the Town's Growth Area,
an area intended for new or expanded water and wastewater service, as
defined in the Comprehensive Plan.
E. These properties are within the County"s Urban Growth Boundary (UGA)
and the States designated Priority Funding Area (PFA).
IT. Schedule and Method of Financing the Extension of Each Municipal
Service Currently Performed Within the Town of Funkstown into the Area
Proposed to be Annexed.
A. The area of annexation currently has no Wastewater Service. if requested
for existing development or new development, the property will be served
by Town Wastewater. Sufficient capacity exists to serve the property.
B. The area of annexation currently has no Water Service. If requested for
existing development or new development, the property will be served by
Town Water. Sufficient capacity exists to serve the property.
C. Electrical service is currently provided by Potomac Edison.
D. Platting of street rights of way and/or lots that occur after the effective
date of the annexation shall be in accordance with the Town of Funkstown
code, ordinances, rules and regulations and shall be approved through the
Town's subdivision process. Any proposed construction of buildings
and/or site improvements (including but not limited to motor vehicle
parking, landscaping, paving, storm water management and other
improvements) that occurs after the effective date of annexation shall be
reviewed and approved by the Town of Funkstown.
E. Parks and recreation facility expansion are not proposed for this
annexation. However, in the future the Town of Funkstown's land may
be added to the existing community park. Notlung in this agreement shall
be interpreted or construed to commit the Town to reserve this parcel for
park use or development at this time or in the future.
F. All future persons within the area proposed to be annexed shall obtain or
be entitled to existing benefits of the Town of Funkstown. They shall also
be required to pay for all applicable utility services, charges, assessments,
taxes, and other costs and expenses which are required of the residents of
the Town of Funkstown.
III. Annexation Agreements
No Annexation Agreement with property owners or developers with interest
in property subject to this annexation is included with this resolution. Should
the Town decide to enter into such an agreement with property owners or
developers at a later date, such agreement shall be adopted by Resolution as
required by §4-405(b)(2) of the Local Government Article, Annotated Code of
Maryland.
TR
RS
RU
RM
USE
Town
County
County
County
Natural Resources and Agricultural Uses
Agriculture
P
P
P
P
Residential Uses
Single-family detached dwellings, including pre -fabricated, modular,
panelized or sectional dwellings
P
P
P
P
Two-family "duplex" dwellings
P
P
P
P
Two-family semi-detached dwelling
P
P
P
P
Single-family attached "townhouse" dwellings
SE
N
N
P
Multi -family "apartment" dwellings
SE
N
N
P
Multi -family condominium dwelling units
SE
N
N
P
Conversion of a single-family dwelling or other building into not more than
two dwelling units subject to the provisions of Section 401 No expansion of
the building area shall be made except as necessary for safety.
P
P
P
P
Conversion of a dwelling or other building into multi -family apartments
containing more than two dwelling units
SE
N
N
P
Conversion of a dwelling or other building into multi -family condominiums
containing more than two dwelling units
SE
N
N
P
Bed -and -Breakfast, rooming, or temporary boarding houses
SE
SE
SE
SE
Customary home occupations and home professional offices
SE
SE
SE
SE
In -home service as a family day care provider
SE
SE
SE
SE
Public or Private Recreational Uses
Parks designed or inteded for passive recreation or open space
P
P
P
P
Areas designed, equipped or intended for non-commercial active outdoor
recreation, including but not limited to picnicking, field sports, tennis,
swimming and the like.
P
P
P
P
Swimming pool (or beach) conducted as a principal use.
SE
P
P
P
Private or memebership clubs or lodges not operated commercially, nor
conducted primarily as a business enterprise.
SE
SE
SE
SE
Golf courses
SE
SE
SE
SE
Institutional, Education, and Utility Uses
Churches and other places of worship
P
P
P
P
Cemeteries
SE
-
-
-
Charitable or religious institutions and licensed nursing homes, or the like.
Institutions for human care and the treatment of non -contagious diseases,
but excluding prisons and insane asylums.
SE
SE
SE
SE
Group homes: handicapped and safe houses
SE
SE
SE
SE
Meeting or assembly halls for philanthropic, religious, fraternal, civic or
other non-profit organizations/corporations (setback requirement)
SE
SE
SE
SE
Civic buildings, including community centers, museums, post offices,
libraries, fire and rescue stations and halls and public office buildings
erected or used by Federal, State, County or municipal governments or
agencies thereof.
SE
P
P
P
Child care centers - licensed or drop -in centers.
SE
SE
SE
SE
Public or private elementary schools or middle schools
P
P
P
P
Public or private high schools or colleges
SE
P
P
P
Retail and Commercial Service Uses
EXHIBIT 1
Printing, photographic processing blueprinting, photocopying and similar
reproduction services, and facsimile transmission except publishing
SE
N
N
N
Restaurants and the like, except drive-in and drive -through
SE
N
N
N
Antique Shops
SE
N
N
SE
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EXHIBIT 2
Open Session Item
SUBJECT: Solid Waste Supervisor Consolidation Plan
PRESENTATION DATE: August 27, 2019
PRESENTATION BY: Daniel Divito, Director of Division of Environmental Management; and David A.
Mason, P.E. Deputy Director of Environmental Management
RECOMMENDED MOTION: Motion to approve the consolidation plan
REPORT-IN-BRIEF: Division Staff continues to evaluate every opportunity to increase efficiency while
controlling/decreasing operational costs. The department experienced a retirement in January of the Assistant
Solid Waste Director position. The current Recycling/Operations Coordinator has been fulfilling these duties
for the past 7 months. Seeing evidence of this success, staff would like to consolidate these positions into one
new position, Superintendent of Landfill and Recycling Operations (Grade 15) non-exempt. This position would
be filled by the employee who currently has been performing these duties.
To maintain internal equity within the Division we are requesting to change the status of the other
Superintendents to non-exempt. This request affects the positions of Superintendent of Maintenance, Operations,
and Collections and addresses the FSLA status of exempt and non-exempt employees. After consultation with
the deputy Director of HR and a review of the federal guidelines it is our recommendation that we treat all
Superintendents within the Division as working Supervisors eligible for overtime. There is no change in grade
or step.
In addition, we request to fill a new part time position, Customer Service Representative (Grade 11).
DISCUSSION: The Maryland Department of the Environment (MDE) requires a supervisor to be on site at all
times during landfill operations. We have determined that level of supervision requires a minimum of three (3)
supervisory positions. It is anticipated we will be able to accomplish this with current Solid Waste personnel.
To satisfy this requirement we are recommending the following:
The position of Superintendent will consolidate responsibilities of both the former Assistant Director and the
current Recycling Coordinator and because the additional duties are currently being performed by Tony Drury
(Grade 14), Mr. Drury will be promoted to Superintendent Grade 15.
The Customer Service Representative with have supervisory responsibilities for when the Deputy Director or
Superintendent is unavailable. This position, when filled, will help to facilitate supervisory coverage as required
by our permit. The overall Consolidation Plan as proposed will reduce the number of office staff by one full time
position, offset by a part time position and produce savings of approximately $39,000 per year.
FISCAL IMPACT: $39K estimated savings for Solid Waste Fund. Cost to change Water Quality
Superintendents to non-exempt is determined to be minimal since overtime is strictly controlled and only
approved by Deputy Directors.
CONCURRENCES: County Administrator, CFO, HR Deputy Director
ALTERNATIVES: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
ATTACHMENTS: Job Description
AUDIO/VISUAL NEEDS: N/A
JOB TITLE: Superintendent of Landfill and Recycling GRADE 15
DEPARTMENT: Solid Waste FLSA STATUS: -Exempt
REPORTS TO: Deputy Director of Solid Waste
GENERAL DEFINITION OF WORK:
Performs responsible professional and administrative functions developing, implementing and coordinating a
County wide recycling program; managing the County sponsored recycling programs related to compliance with
numerous environmental codes; and meeting the recycling goals as defined by the Maryland Recycling Act.
Coordinates landfill activities with Operation Supervisor. Direction is provided by the Deputy Director.
Supervision is exercised over subordinate personnel.
ESSENTIAL FUNCTIONS/TYPICAL TASKS:
(These are intended only as illustrations of the various types of work performed. The omission of specific duties
does not exclude them from the position if the work is similar, related, or a logical assignment to the position.)
1. Design, implement and manage a variety of County-wide recycling and waste reuse/reduction programs
for residential and business customers.
2. Develop and administer a County-wide public education programs on recycling and related solid waste
and environmental programs, including educational materials that match curriculum guidelines for
teachers,
3. Advises residents/businesses/industries on waste reduction, recycling and solid waste disposal options.
4. Analyzes solid waste and recycling data from business, industry, and government.
5. Supervises monitoring/care of remote and on-site recycling drop off sites, including areas for used motor
oil/antifreeze, auto batteries, tires, metals, and cardboard, and composting and mulching operations.
6. Prepares reports required by the Maryland Department of the Environment and for departmental
purposes.
7. Provides input and direction in the preparation of the County’s Solid Waste and Recycling Plan.
8. Monitors County recycling services contracts. Participates in drafting/reviewing policy for the County’s
Solid Waste Department.
9. Organizes and manages special recycling and solid waste events. Leads tours of solid waste and recycling
facilities. Represents the County as a guest speaker on solid waste/recycling issues.
10. Serves as a liaison for County as directed on related committees.
11. Develops and purchases advertisements and prepares news releases for media. Markets products from
composting/mulching operation.
12. Prepares and maintains database of disposal/recycling/waste reduction options for staff and community
use.
13. Prepares budgets and requests for proposals.
14. Collaborates with regional Maryland Department of the Environment staff concerning regulatory
compliance.
15. Compiles annual reports and submit to State Department of the Environment.
16. Ability to work evenings and weekends as required to perform outreach to the recycling community.
17. Search, apply and institute grants for various Solid Waste and Recycling programs. Prepares reports for
Grant Agencies per grant requirements.
18. Interacts with the local business community and residential customers regarding landfill regulations and
policies; enforces these regulations and attempts to resolve any complaints/problems.
19. Assures all activity falls within the Maryland Department of Environment (MDE) guidelines to include
contractors working outside permit hours, assuring patrons are off site at closing, conducting compliance
inspections with MDE, etc.
20. Responsible for keeping MSDS book on site up to date and check equipment and facilities for safety.
21. Investigates accidents, incidents and completes all necessary reports for Human Resources.
22. Answers questions arising about business waste, scale operations concerns and employee issues.
23. Assists with interviews and recommendations for hire of new employees. Assists with training of new
employees.
24. Performs related tasks as required.
KNOWLEDGE, SKILLS AND ABILITIES:
Thorough knowledge of the practices and techniques of recycling and clean community programs; thorough
knowledge of program objectives, procedures and organization; general knowledge of modern office practices,
procedures and equipment; ability to devise detailed procedures and methodologies; ability to plan and organize
the work of volunteers; ability to communicate ideas effectively, both orally and in writing; ability to prepare
reports and records; ability to establish and maintain effective working relationships with associates and the
general public.
EDUCATION AND EXPERIENCE:
Possession of an Associate’s Degree in Environmental Science, Environmental Management, or a related field,
bachelor’s degree is preferred; considerable experience in developing and/or managing recycling or waste
reduction programs in the public or private sector; experience working with community groups.
PHYSICAL REQUIREMENTS:
This is light work requiring the exertion of up to 20 pounds of force occasionally, up to 10 pounds of force
frequently, and a negligible amount of force constantly to move objects; work requires standing, pushing,
pulling, fingering, and repetitive motions; vocal communication is required for expressing or exchanging ideas by
means of the spoken word; hearing is required to perceive information at normal spoken word levels; visual
acuity is required for depth perception, color perception, preparing and analyzing written or computer data, use
of measuring devices, operation of motor vehicles or equipment, determining the accuracy and thoroughness of
work, and observing general surroundings and activities; the worker is not subject to adverse environmental
conditions.
SPECIAL REQUIREMENTS:
Possession of an appropriate valid driver’s license. Possession of a certification in Managing Municipal solid
Waste Recycling Systems, Managing Composting Programs, or similar, or ability to obtain within 2 years of
employment.
Revised: 9/2016, 1/2019
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential tasks.
JOB TITLE: Customer Service Coordinator GRADE 11
DEPARTMENT: Solid Waste FLSA STATUS: -Exempt
REPORTS TO: Deputy Director of Solid Waste
GENERAL DEFINITION OF WORK:
Provides information and addresses inquiries to customers utilizing the county landfill. Coordinates landfill
activities and acts as a temporary supervisor in the absence of the Superintendent of Landfill Operations. This is
a part time position and will only be initiated when supervision of landfill cannot be performed by the Deputy
Director or Superintendent. Direction is provided by the Deputy Director.
ESSENTIAL FUNCTIONS/TYPICAL TASKS AS OPERATIONS SUPERVISOR:
(These are intended only as illustrations of the various types of work performed. The omission of specific duties
does not exclude them from the position if the work is similar, related, or a logical assignment to the position.)
1. Answers questions arising about business waste and scale operations concerns’. Temporarily covers
supervisor scheduled vacations to keep operation running smoothly.
2. Assists in overseeing the disposal of municipal, commercial and industrial wastes, performing appropriate
tests and working with management to resolve any potential problems.
3. Answers the telephone, listens to and resolves complaints. Explains landfill regulations to residents and
businesses.
4. Assures all activity falls within the Maryland Department of Environment (MDE) guidelines to ensure
permit compliance and to assure patrons are off site at closing.
5. Assists in Investigating accidents, incidents and helps to complete all necessary reports for Human
Resources.
6. Weighs and records solid waste. Enters data concerning vehicles entering and leaving, including account
number, material code, charges, gross and tare weight, etc. Generates ticket for customers from
computer print-out, or manually. Collects fees and makes change for cash customers.
7. Issues refuse permits.
8. Opens and closes scale house.
9. Assists in Maintaining inventory of supplies for scale operation.
10. Answers questions concerning weights and tickets with the ability to deal courteously and tactfully with
the public.
11. Directs traffic to proper unloading area. Ensures unloading areas are kept neat and orderly.
12. Visually inspects loads of waste and observes for unacceptable waste. Estimates weight of vehicles based
on experience in the event the scales would be out of operation.
13. Performs related work as required.
KNOWLEDGE, SKILLS AND ABILITIES:
General knowledge of the operation of a weigh station; general knowledge of transfer station policies; some
knowledge of recycling operations; general knowledge of basic clerical and office procedures; ability to use
calculator in making simple arithmetic calculations; ability to write legibly and make written reports; ability to use
computer system; ability to maintain detailed records; ability to establish and maintain effective working
relationships with associates and the general public.
EDUCATION AND EXPERIENCE:
Any combination of education and experience equivalent to graduation from high school and some general office
assistance experience. Prior weighing experience desirable.
PHYSICAL REQUIREMENTS:
This is work requiring the exertion of 50 to 80 pounds of force occasionally, up to 10 pounds of force frequently,
and a negligible amount of force constantly to move objects; work requires stooping, kneeling, reaching, standing,
walking, pulling, lifting, fingering, and repetitive motions; vocal communication is required for expressing or
exchanging ideas by means of the spoken word; hearing is required to perceive information at normal spoken
word levels; visual acuity is required for depth perception, color perception, peripheral vision, preparing and
analyzing written or computer data, use of measuring devices, operation of machines, operation of motor vehicles
or equipment, determining the accuracy and thoroughness of work, and observing general surroundings and
activities; the worker is subject to inside and outside environmental conditions, extreme cold, noise, atmospheric
conditions, and oils. The worker may be exposed to blood borne pathogens and may be required to wear
specialized personal protective equipment.
SPECIAL REQUIREMENTS:
Possession of an appropriate valid driver’s license,
3/2019
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential tasks.
Open Session Item
SUBJECT: PUBLIC HEARING – Requests by organizations to be added to the list of nonprofit
organizations to which the Board of County Commissioners may contribute funds, pursuant to § 1-108
of the Code of the Public Local Laws of Washington County, Maryland (the “1-108 List”)
PRESENTATION DATE: August 27, 2019
PRESENTATION BY: Kirk C. Downey, County Attorney
RECOMMENDED MOTION: None. The Board may discuss, take action, and/or make any motion
after the public hearing is closed.
REPORT-IN-BRIEF: The following organizations have submitted letters of request to be added to
the 1-108 List:
Maryland Crime Victims’ Resource Center
Brooke’s House
Rise Up Hagerstown
Conococheague Little League
American Red Cross – Western Maryland Chapter
Leitersburg Ruritan Club, Inc.
DISCUSSION: The approval by the Board of County Co mmissioners of a request of a nonprofit
organization to be added to the list does not assure that the organization will receive funding from the
Board; that decision is made separately as a part of the Community Organization Funding process and
ultimately the County’s budgetary process.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Letters of Request
AUDIO/VISUAL NEEDS: None.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Email: mail@mdcnmevictims.org • Web Page; www.mdcrimevictims.org
Toll Free:1.877-VICTIM 1(1-877.842.8461)
June 28, 2019
Headquarters
1001 Prince George's Blvd
Office of the County Attorney
#750
Upper Marlboro MD 20774
100 West Washington Street, Suite 1101
-952-846(phone)
Hagerstown, MD 21740
877-842-8461 (tollfree)
877
240-929-0526 (fax)
Attention: Vicki Grimm
Maryland Offices:
Re: Section 1-108(b) list inclusion, letter of request
Baltimore
218 E. Lexington Street
Dear Ms. Grimm,
#401
Baltimore MD 21201
Please include Maryland Crime Victims' Resource Center, Inc., on the list
Calvert Countv
of organizations eligible for f coding by the Washington County Board of
250 Merrimac Court
Prince Frederick, MD 20678
Commissioners. We advance local crime victims' rights at every stage of
the criminal process, from securing charges at the front end to attending
Carroll: Howard,
parole hearings at the back end, and the myriad issues that arise in between.
Baltimore Counties
5430 vantage Point Rd.,
Those rights, generally, include the rights to notice, to attend criminal
Suite E
proceedings, to address the court, and restitution. We regularly work with
Columbia, MD 21044
local law enforcement and the State's Attorney's office. We want to
improve the provision of services to crime victims by securing funding
Eastern Shore
towards the hire of a local assistant or legal advocate.
310 Gay Street
Cambridge MD 21613
The relevant state and federal tax documents are attached, along with two
Prince George's Family
brochures, one that includes our organization that law enforcement is
Justice Center (partnership)
14757 Main Street
required to supply crime victims and another that we use with the public,
Upper Marlboro, MD 20774
that can also be found at the local Commissioners' offices.
St. Marv's Countv
43751 Rescue Lane
Please feel free to contact me with any questions or concerns. We
Hollywood, MD 20636
appreciate this opportunity.
Western Maryland
5599 Prospect Square
Yours sincere
Cumberland MD 21502�—
r.�
Johann Wehrle
Staff Attorney for Garrett, Allegany, and Washington Counties
Maryland Crime Victims' Resource Center, Inc.
j wehrle@a,mdcrimevictims. org
240-335-4013
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Brooke's House
17670 Technology Boulevard
Hagerstown, MD 21740
Office of the County Attorney
Attn: Vicki Grimm
100 W. Washington Street
Suite 1101
Hagerstown, MD 21740
Dear Office of the County Attorney:
June 7, 2019
Brooke's House, Inc., is a 501(c)(3) not -for -profit organization whose mission is to inspire and
empower women suffering from the disease of addiction. Our goal is to provide a safe, stable and
emotionally supportive environment for women to live during the earl stages of their recovery.
Of the 1,089 people who died from an opioid overdose in 2015 were Marylanders and were among
more than 33,00 nationally, according to the CDC. In 2016, opioid-related deaths in the state of
Maryland rose 70 percent. Part of this troubling trend in our community is the increased
appearance of fentanyl, a synthetic opioid that's up to 50 times more potent than heroin.
Through social programs, structure, counseling, education, public awareness and participation in
community events, Brooke's House will continue to address the addiction epidemic in our
community.
Brooke's House would like to be included on the list or organizations eligible for funding by the
Board of County Commissioners of Washington County, Maryland, pursuant to Section 1-108(b) of
the Code of the Public Local Laws of Washington County, Maryland.
Sincerely,
/ Oeg 54ttweu
Kevin Simmers
Founder/Executive Director
Brooke's House
Rise Up Hagerstown Corporation
PO Box 3527, Hagerstown, Maryland 21742
240.347.1850 * info@riseuphagerstown.org
www.riseuphagerstown.org
3 June 2019
Office of the County Attorney
100 West Washington Street, Suite 1101
Hagerstown, MD 21740
ATTN: Kimberly Jacobson
kjacobson@washco-md.net
240.313.2234
Dear Office of the County Attorney and Board of Commissioners,
Rise Up Hagerstown Corporation, a nonprofit human services organization dedicated to providing second -
chance education opportunities to persons within our region who have overcame addiction or incarceration or
abuse in their life journey requests to be considered for inclusion on the list of organizations eligible for
funding by the Board of Commissioners of Washington County, Maryland, pursuant to Section 1-108(b) of the
Code of Public Local Laws of Washington County, Maryland.
We understand that if our request is approved, receipt of any funds is not guaranteed but makes us eligible for
funding requests through the Community Organization Funding process and is determined ultimately by the
County's budgetary process.
Please find attached the following documentation as enclosures to assist you in the decision -making process:
1. IRS Letter 947, Letter of Determination
2. Employer Identification Number
3. Incorporation with the State of MD (Articles of Incorporation)
4. Organization Bylaws
5. 2019 Budget
6. Brochure
7. Scholarship Flyer
Sincerely,
/flia/cad t'1/. C74m
Michael W. Jones
Treasurer
We believe iu second chances because everyorte deserves the opportunity to soar!
>.
501(r)(3) Nonprofit 1)[ N# 2605356-1012468. FIN# 83-05957,69
Rise Up Hagerstown Corporation Bylaws
Amended 16 November 2018
I. Name
1. The name of the organization/agency/group shall be Rise Up Hagerstown Corporation, doing business
as Rise Up Hagerstown.
II. Officers
1. The officers of the board shall consist of a Chair, Vice -Chair, Secretary, and Treasurer nominated
by the Board.
2. Elected officers will serve a term of one year.
3. The officer duties are defined by position as follows: (a)The Chair shall preside at all Board
meetings, appoint committee members, and perform other duties as associated with the office.
(b)The Vice -Chair shall assume the duties of the Chair in case of the Chair's absence. (c)The
Secretary shall be responsible for the minutes of the Board, keep all approved minutes in a minute
book, and send out copies of minutes to all. (d) The Treasurer shall keep record of the
organization's budget and prepare financial reports as needed.
11I. Committees
1. The Board may appoint standing and ad hoc committees as .needed.
IV. Meetings
1. Regular meetings shall be held monthly on a day specified by the board, unless otherwise specified
by the officers.
2. Special meetings may be held at any time when called for by the Chair or a majority of officers.
3. Meeting notes shall be provided within 7 days of the last meeting.
V. Voting
1. Passage of a motion requires a simple majority (at least two-thirds of voting members present).
VI. Conflict of Interest
1. Any member of the board who has a financial, personal, or official interest in, or conflict (or
appearance of a conflict) with any matter pending before the Board, of such nature that it prevents
or may prevent that member from acting on the matter in an impartial manner, will offer to the
Board to voluntarily excuse him/herself and will vacate his seat and refrain from discussion and
voting on said item.
VII. Fiscal Policies
1. The fiscal year of the board shall be January 1" through December 31'.
VIII. Amendments
1. These by-laws may be amended by a two -third vote of Board members present at any
meeting provided a quorum is present and provided a copy of the proposed amendment(s) are
provided to each Board Member at least one week prior to said meeting.
Enclosure 4
�\ t Rise Up Hagerstown Budget
O.R9 January 1st 2019 - December 31st 2019
UP
Income
rQrantc r)n..tinnc Cnnnenrchinc R F inArnicarc
Neighbors In Need Grant
$ 10,000
Local foundations grants and businesses support
$ 1,000
Other foundations, businesses and grants
$ 20,000
Private & Individual Donors
$ 4,000
Trinity Grant
5 10,000
EXPENSES
AAminictratinn FrnPncpc-
Received
Received
Still Needed
In Process
Approved, In Process
Total Income $ 45,000
Telephone/Internet
$ 600
Postage
$ 100
Web Hosting + Domain
5 250
Office Supplies
5 400
Office Prinbng/Reproduction (Toner)
5 200
Office Equipment (equipment, furniture...)
$ 3,000
Other Administration Expenses
$ 500
Total Administration Expenses 5 5,050
Facility Expenses:
Rent (Fxi:ity Rcnt, Storage Rent, Office Rent)
$ 3,000
Maintanance
i 1,000
Utilities
$ 500
Insurance
$ 1,500
Total Facility Expenses
$ 6,000
Advertising and Promotional Expenses:
Advertising & Signage
jmdi tons[ & Online AoveMsing, & Signage fo, festivals, & comm-,ty e+e+ts` $ 2,500
Promotional Items and Sponsorships $ 3,000
Fundraising Supplies, Promotions, and Campaigns $
Total Advertising/Promotional Expenses $
Contingency Reserve:
Reserve for Contingencies $ 1,0(
Total Reserve for Contingencies $ 1,000
Programming Expenses:
Scholarships $ 26,400
Total Reserve for Contingencies $ 26,400
Enclosure (5)
r Rise Up Hagerstown Budget
RISE _ January 1st 2019 - December 31st 2019
UP
SUMMARY STATEMENT
Income & Expense Analysis:
Sources of Income:
Grants & Sponsorships S 41,000
Donors $ 4,000
Fundraisers $ -
Total Incomel $45,000
Expenses:
Administration Expenses
$ 5,050
Facility Expenses
$ 6,000
Advertising/Promotional Expenses
$ 6,500
,Contingency Reserve
$ 1,000
Program Services, Scholarships
s 26,400
Total Expenses
44,950
Cash Position Analysis:
Operations Net Cash Position
(Incmx m.n�: E.r„sr,;
550
Investing Net Cash Position
Financing Net Cash Position
Period Net Cash Position
(Operators Net Cash Flow + Invest g Net Cash Flow + Fnancng Net Cash F&.)
S 50
Cummulative Net Cash Position
(fast Periods EndiN Postion + Proposed Periods Net Cash Po ttm)
-
Enclosure 5(a)
E
www.riseuphagerstown.org
240.347.1850
info@riseuphagerstown.org
C1 @RiseUpHagerstown
L•
CON57gU iON
SCHOLARSHIPS AVAILABLE!
Rise Up Hagerstown is accepting second -chance scholarship
applications now through July 151h for full -tuition first -year
scholarships to Barr Construction Institute in Hagerstown, MD.
Scholarships are available to persons who have overcome addiction
or incarceration or abuse. Applicants must be 18 or older, and reside
in the Washington County, MD, tri-state area. Learn more and get
your application packet at www.riseuphagerstown.org/scholarship
Rise Up Hagerstown seeks to enable, empower, and promote
opportunities for our neighbors to realize their social and economic
potential regardless of their past by rising up through second -chance
education.
Overcoming obstacles should be rewarded! Your history shouldn't
hold you back. Get the training you deserve and improve your quality
of life by rising above minimum wage. You are a survivor, rise up
today and apply.
If you need a hard copy of the application or assistance completing the
application, contact us by phone or email listed above.
Enclosure 7
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Conococheague Little League
P.O. Box 203, Williamsport, Maryland 21795
Federal Tax ID: 52-1331438
Little League Baseball, Inc. ID: 231688231
May 1, 2019
MD State Tax Exemption No.: 31201379
Little League Baseball, Inc. Group Exemption No.: 3158
On behalf of Conococheague Little League (CLL), we would like to be considered for inclusion on the Section 1-108 List
as a part of the ComntwutyOrgauiration Fund ng process.
Conococheague Little League is now 62-years old since its humble start in 1954. CLL offers t-ball, minor, major
baseball plus 50/70 Intermediate, Junior and Senior baseball leagues. Conococheague Little League has hosted the River
City Classic since 1987, a tournament that attracts some of the most competitive 9& 1 0-year-old All Star teams in the
area. Over the years, CLL has hosted Maryland State Little League Tournaments bringing teams from all over the state to
compete in Williamsport, Maryland. This year, CLL will be hosting the Maryland State Little League 50/70 Intermediate
Division Championship.
Conococheague Little League (CLL) currently has over 200 youth members with approximately 70 adult volunteer
members. We are a well -organized league and provide enjoyable experience for our youths. Currently, CLL maintauis
and uses three facilities. The facilities (fields) are located at Ebersole Field in Byron Memorial lark, Billy Doub Field ut
Doub Park, and Nelson F. Deal Field at Ballpark Drive. Our currant budget has a shorttall :utd due to field maintenaiice
and playing safety issues we recently had to receive a loan iit order to provide new playing lick] to Ebersole and Nelson Deal
fields. 'rherelore, additional funding is needed.
Conococheague Little League is a charted member under Little League Baseball, Inc. and covered under Little League
Baseball, Inc.'s Federal Group Exemption Number 3158. Therefore, CLL is a 501(c) (3) non-profit organization that
strives to keep costs down for our families so any youth who wishes to participate are able to do so and not be limited
financially. Therefore, fundraising and donations from our community is an integral part of our organization and mission.
Due to our organization being a volunteer and non-profit, the need for additional funding is critical. Your funding will
help ensure our league stays solvent in order to provide a safe and enjoyable experience for our youth members. Any
additional support would be greatly appreciated. Please if you have any questions or need further information, just
contact us.
v ice r Gent
Zococheague Little League
Williamsport, MD 21795
410.598.6679
Attachments:
Determination Letters — 2 pages
Good Standing documents — 2 pages
Articles of Incorporation — 3 pages
2018-2019 budget — 1 page
Conococheague Little League
PO Box 203, Williamsport, Maryland 21795
WWW.CONOCOCHEAGUELITTLELEAGUE.ORG
American
Red Cross
Office of the County Attorney
Ms. Vicki Grimm
100 West Washington Street, Suite 1101
Hagerstown, MD 21740
January 22, 2019
Western Maryland Chapter
1 1 31 Conrad Court
Hagerstown, MD 21740
301-739-0717
www.redcross.org/wmd
Dear Ms. Grimm,
On behalf of the American Red Cross of Western Maryland, we write to request our
inclusion on the Washington County Board of County Commissioner's recognized non-
profit list (108 list).
Please find the following documents included to support our request.
1) Summary of Organizational Background and Activities
2) Tax -except 501(c)(3) status certificate
3) Comptrolier of Maryland Sales and Use Tax Exemption Certificate
4) Letter explaining "American Red Cross" listing in Maryland State Department of
Assessments and Taxation
5) Good Standing Certificate
Thank you very much for your consideration.
Sincerely,
Gay Burns(�
Regional Philanthropy Officer
Gayle.burns@redcross.org
410-689-9313
American Red Cross of Western Maryland
Organizational Background and Activities
The American Red Cross prevents and alleviates human suffering in the face of
emergencies by mobilizing the power of volunteers and the generosity of donors. We
carry out this mission, through five complementary service -delivery areas --Disaster Cycle
Services, Health and Safety Services, Biomedical Services, Service to the Armed Forces
and International Services.
Founded in 1881, the American Red Cross is the nation's largest, independent, nonprofit
humanitarian organization helping people prevent, prepare for, respond to and recover
from all types of emergencies. We operate in accordance with our congressional charter
received in 1905, which sets forth our purposes. We are congressionally mandated but
not a Federal line item. Red Cross services are a gift from the community to the
community, and the Western Maryland Chapter serves Washington, Frederick, Carroll,
Montgomery and Garrett counties.
Any and all residents of in the Western Chapter footprint who experience a disaster are
eligible for services. We make no discrimination in those that we serve. Disaster relief is
provided free of charge regardless of age, income, race, or ethnicity 24 hours a day, 365
days a year.
Volunteers are 98% of the Red Cross work force; they are our team members and treated
as such; which results directly in the care and compassion used in responding to our
communities' needs. Our volunteers are recruited, oriented, trained, and mentored by
staff and volunteers using Red Cross best practices. We currently have 355 trained and
active volunteers living and serving in the Western Maryland footprint; 68 residents of
Washington County.
American Red Cross
Western 1\Iar)iand
Red Cross voluntee-s assisting CSX clients who were disp'aced
dwinc the CSX train detailme^t in Garret- Co-nty Mary and.
Maintained a workforce of 342
Red Cross volunteers
Western Maryland Fact Sheet
Fiscal Year 2018
July 1, 2017 - June 30 2018
The American Red Cross is dedicated to preventing and alleviating human
suffering in the face of emergencies by mobilizing the power of volunteers
and the generosity of donors. The pillars of Red Cross services are:
Disaster prevention, relief and recovery assistance
Collection. processing and distribution of about 40 percent of the
nation's blood supply
- Health and safety education and training
Support for members of the military, veterans and their families
Delivering international disaster aid and eliminating global disease
The American Red Cross Western Maryland Chapter serves Allegany,
Carroll, Frederick, Garrett and Washington counties.
Assisted 276 families who
survived a disaster like a home
fire/flood
P11
Installed 282 free smoke
alarms for the Home Fire
Campaign
Provided 1,679 services to Enrolled 8,000 people in first Collected, processed and
military members veterans and aid/CPR/AED distributed more than 20,750
families units of blood
American Red Cross Western Maryland Chapter
1 131 Conrad Cf. Hagerstown, MD 21740
redcross.org/wmd 1 301-739-0717
Like us on Facebook CARCWMD I Follow us on Twitter @RedCrossGCR
131007 7/16
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LEITERSBURG RURITAN CLUB, Inc.
21427 Leiter Street, Hagerstown, MD 21742
www.leitersburgruritan.org
Office of the County Attorney
100 West Washington Street, Suite 1 101
Hagerstown, MD 21740
Attn: Vicki Grimm
7/21/2019
The Leitersburg Ruritan Community Center Board of Directors is asking to be
added to the list of organizations eligible for funding by the Board of County
Commissioners of Washington County.
The Leitersburg Ruritan Community Center is a non-profit 503C-3 organization
created for the purpose of building and maintaining new Community Center
and maintaining current Ruritan Community Park. The park is an important
resource for the citizens of Leitersburg and Smithsburg and is used on a regular
basis by citizens and youth organizations such as Smithsburg Youth Athletics, Boy
Scout and Girl Scout troops, Special Olympic athletes and the Leitersburg
Volunteer Fire Company. The park's athletic field, volleyball and basketball
courts and playground are free for the citizens of Washington County to use and
enjoy.
Currently the park mowing, maintenance, electricity, water and state taxes and
insurance are paid for by the Ruritan through fundraising activities and a small
usage fee for renting the pavilion. However, with the addition of the new
building and other improvements to the park, such as internet and security
cameras, our costs to maintain the park have increased. We hope that you will
consider funding our organization so that we may continue providing this
valuable asset for the community.
Sincerely,
eon.qe cloudets
George Souders, President
240-527-9715
president@leitersburgruritan.org
Open Session Item
SUBJECT: Approval of By-Laws for the Community Organization Funding Committee
PRESENTATION DATE: August 27, 2019
PRESENTATION BY: Susan Buchanan, Director, Office of Grant Management; and Krista Hart,
County Clerk
RECOMMENDED MOTION: To approve the bylaws of the Community Organization Funding
Committee (Committee) as presented.
REPORT-IN-BRIEF: The purpose of the Board is to render a fair and ethical review of all
Community Organization Funding grant applications submitted by eligible non-profit organizations
and make annual allocation recommendations to the Commissioners no later than January 15th
(current by-laws) of each year.
The committee shall be comprised of one, ex-officio, non-voting chair from the Office of Grant
Management and five (5) voting members appointed by the Commissioners, each having one (1)
representative. Member terms shall be consecutive with Commissioner terms, not to exceed two (2)
consecutive terms.
DISCUSSION: After a review of the by-laws, last adopted in 2012, Ms. Buchanan and Ms. Hart
agreed several factors as written would need to be updated. Under former By-Law Three,
Membership - it was written that voting members could not serve on any boards or hold leadership
roles in any organizations currently receiving funding allocations or requesting funding allocations.
(this made approving members difficult). This topic was changed to state that a voting member shall
abstain from any voting process in which that members serves on the board, or holds a leadership
role in any organization currently receiving funding allocations or requesting funding allocations.
(Grant Management will maintain an abstention log). Additionally, we are requesting that the term
be changed from a two (2) year term to a four (4) year term, which would run consecutively with the
Commissioners term. This would alleviate the need for the Commissioners to reappoint a member
every two years and would allow their selection to run the full term, as the Commissioner.
FISCAL IMPACT: None
CONCURRENCES: Krista Hart, County Clerk; Susan Buchanan, Director, Office of Grant
Management;
ALTERNATIVES: Revise the proposed bylaws.
ATTACHMENTS: DRAFT by-laws, 2012 By-laws
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
WASHINGTON COUNTY COMMUNITY ORGANIZATION FUNDING COMMITTEE
BYLAWS
(in accordance with Policy PR-22, Boards and Commissions)
Article I
Name and Principal Office
The name of the Committee is the Washington County Community Organization Funding
Committee (the Committee). The principal office of the Committee is located at the Washington
County Administration Building, 100 West Washington Street, Suite 2200, Hagerstown, Maryland.
Article II
Mission Statement
The Committee shall have the responsibility to render a fair and ethical review of all
Community Organization Funding grant applications submitted by eligible non-profit organizations.
Article III
Priorities
The Committee shall:
A. Be responsible for the review and evaluation of annual general fund requests
submitted by community based, non-profits;
B. Approve, revise, and/or amend policies and procedures as needed to conduct the
review and evaluation of applications received;
C. Make allocation recommendations to the Board of County Commissioners
(Commissioners) consistent with annually established County priorities; and,
D. Make annual allocation recommendations to the Commissioners no later than March
1st of each year.
Article IV
Membership
A. Composition. The Committee shall be comprised of one (1) ex-officio, non-voting
chair, representing the Office of Grant Management and five (5) voting members appointed by the
Commissioners (with each Commissioner having one (1) representative. A voting member shall
abstain from any voting process in which that member serves on the board of directors or holds a
leadership position in the organization currently under review for, or requesting funding allocations
(an abstention log shall be recorded and maintained by the Office of Grant Management).
Committee members, as representatives for the community, agree to act in the community’s best
interest. Improper use for personal gain of any confidential information acquired through a member’s
position on the Committee may be grounds for removal from the Committee by the Commissioners.
B. Terms. Terms of the individual voting members shall be four (4) year, not to exceed
two (2) consecutive terms (to coincide with the Board of County Commissioner terms). A partial
Page 2 of 4
Community Organization Funding Committee
By-Laws DRAFT August 9 , 2019
term shall not be applied to the term limits.
C. Termination of Membership and Vacancies
1. Membership on the Committee may be terminated by voluntary withdrawal or
removal by the Commissioners. Any member may withdraw from membership by giving
written notice to the Committee chair of such intention;
2. The Committee may recommend to the Commissioners that the membership of
an individual member be terminated based on one or more of the following criteria:
a. inadequate attendance including excused and unexcused absences;
b. breach of confidentiality; or,
c. action/behavior that is inappropriate or inconsistent with County policy.
3. The Commissioners shall have the authority to remove any member of the
Committee at any time when, in its sole and absolute discretion, the best interest of the
community shall be served; and,
4. Any vacancy occurring in the Committee for any reason shall be filled for the
unexpired term by the Commissioners.
Article V
Officers
A. Elective Officers. Members of the Committee shall elect from their members a vice-
chair during the first meeting of the Committee and thereafter annually; the candidate with the
majority of votes cast shall be elected. Notwithstanding any provision of these bylaws, no member
may simultaneously hold more than one office. The officers shall have the duties and powers usually
attendant upon such officers and other duties and powers not inconsistent herewith as may be
provided by the Committee and/or the Commissioners.
B. Terms. The vice-chair shall take office immediately upon election and shall serve for
a term of one (1) year. The vice-chair is eligible for re-election for one additional one (1) year term.
At the end of the second year served, the vice-chair must take a minimum of one year off from
holding office on the Committee. Vacancies in this office must be filled for the balance of the term
of such office by the Committee at a special meeting.
C. Chair. The Chair shall:
1. Be the Director of the Office of Grant Management or the Director’s designee;
2. Preside as the chief officer of the Committee and be present at all meetings of the
Committee;
3. Serve as a non-voting, ex-officio member of the Committee;
4. Serve as an ex-officio member of all sub-committees;
5. Communicate to the Committee such matters and make such suggestions in the
chair’s opinion which will promote the welfare and increase the effectiveness of the
Committee and shall perform such other duties as are necessary to the office;
6. Ensure that an abstention log is made of any such abstention exercised pursuant to
Article IV, A. of these by-a
Page 3 of 4
Community Organization Funding Committee
By-Laws DRAFT August 9 , 2019
D. Vice-Chair. The vice-chair shall perform all duties of the chair during his or her absence.
The vice-chair shall be a member ex-officio of all sub-committees.
E. Officer Removal, Resignation, and Vacancies
1. The Committee may recommend to the Commissioners that a member serving as an
officer be removed from his or her officer position based on one or more of the following
criteria:
a. inadequate attendance including excused and unexcused absences;
b. breach of confidentiality; or,
c. actions/behavior that in the opinion of the Committee is inappropriate
or inconsistent with policy.
2. The Commissioners shall have the authority to remove any member from an
officer position of the Committee at any time when, in its sole and absolute discretion, the best
interest of the community shall be served; and,
3. In the event of an officer vacancy that is caused by removal, resignation, or any
other reason, the Committee shall elect a member to fill the vacancy. The election shall take
place at the next regularly scheduled meeting following the effective date of the vacancy.
A member elected to fill a vacancy shall serve out the remainder of the officer’s term left
vacant. The partial term served shall not be applied to the term limits.
Article VI
Meetings
A. Meetings. Meetings shall be held at such times scheduled by the Committee, for the
purpose of receiving requests and the transaction of other business. Meetings shall be subject to the
Open Meetings Act and members of the public shall be permitted to attend all meetings except as
provided by law. General parliamentary rules, as set forth in Robert’s Rules of Order, as amended
from time to time, shall govern, when not in conflict with these bylaws. Each member of the
Committee shall be notified at least one (1) week before any changes in time or date of meetings.
B. Quorum. A majority consisting of three (3) members of the Committee, when
present at any meeting, shall constitute a quorum. If such a majority is not present at any time, the
presiding officer shall adjourn the meeting until a quorum is present.
D. Special Meetings. Special meetings of the Committee may be called at any time by
the Chair, or upon the written request of two (2) members of the Committee or at the request of the
Commissioners. A minimum of at least one (1) week notice of any special meeting must be given to
the members of the Committee and the notice must state the objectives of the meeting.
Article VII
Amendments to Bylaws
These bylaws may be amended, repealed, or altered, in whole or in part, by the
Commissioners, in their sole and absolute discretion. If such an amendment or change is proposed by
the Committee, such proposal must be submitted in writing and approved at a meeting of the
Committee. Such proposed amendments shall be recommended to the Commissioners only if the
proposal receives a quorum vote of the Committee.
Page 4 of 4
Community Organization Funding Committee
By-Laws DRAFT August 9 , 2019
Adopted this _______ day of _______________, 2019
APPROVED BY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
_____________________________ _______________________________________
Krista L. Hart, County Clerk Jeffrey A. Cline, President
Approved for legal sufficiency:
_______________________________
Kirk C. Downey, County Attorney
Open Session Item
SUBJECT: Hagerstown Urban Improvement Project-Grant Agreement and Amended Sub-
Recipient Agreement Review and Approval
PRESENTATION DATE: August 27, 2019
PRESENTATION BY: Susan Buchanan, Director, Office of Grant Management
RECOMMENDED MOTION: Move to approve the presented sub-recipient agreements for
execution to the Urban Improvement Project (UIP) partners for consideration and formal
approval by their respective Boards; Allow for non-substantive modifications to the sub-
recipient agreements with the concurrence of the County Attorney; and upon execution of all
three sub-recipient agreements, approve the execution of the Fiscal Year 2019 Capital Projects
Grant Agreement between the State of Maryland (Funder), the County.
REPORT-IN-BRIEF: In 2018, the Hagerstown Urban Improvement Project received a $1.5
million Maryland Capital Bond Bill award. This was the first of five years of Capital Bond Bill
funding totaling $7.5 million. The Bond Bill language designated Washington County as the
Grantee and The Maryland Theatre, Washington County Board of Education, and the University
System of Maryland-Hagerstown as the beneficiaries. As the grantee, the County entered into a
sub-recipient agreement with the beneficiaries. Revisions to the sub-recipient agreement are
necessary to accurately reflect allocation of funds and allow flexibility to maximize the use of all
grant funds. The revisions will ensure that the UIP project utilizes the maximum amount of State
funding provided through the Capital Bond bill within the restrictions of eligible costs and
prevailing wage requirements. Discussions with Washington County Public School staff have
indicated that the BIFSA project will not have sufficient eligible costs to utilize their $2.5 million
allocation of bond bill funding. In addition, the Maryland Theatre is restricted on accepting
additional State bond bill funding in excess of $5,000,000 due to Maryland prevailing wage
requirements. Should approval be provided upon the agreements presented herein, any
substantive requests from sub-recipients will be brought before the Board for formal approval.
DISCUSSION: The sub-recipient agreements approved in 2018 for Maryland Capital Bond Bill
require revisions to accurately reflect the allocation of funds for all five years of funding and to
ensure that all funds can be directed to each component of the Urban Improvement Project as
needed. The proposed changes to the document are outlined the chart below.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Year 2 2019 $750,000 Amount of grant changed from $500,000 to $750,000 to reflect
2019 Capital Bond Bill Agreement.
$345,255 will be directed to the County for reimbursement to
reimburse the portion of the design expenses for the Maryland
Theater expansion paid by the County.
$250,000 will be designated for reimbursement to County for
$5,000,000 forward funding loan to the Maryland Theatre.
The remaining balance ($154,745) will be directed to the BOE
conditioned upon the Boards need for the funds
If the BOE does not utilize the funds, they will be directed to
the Theatre and/or any other component of the UIP including
the Plaza as recipient of the funds based upon need and ability
to accept State funds.
$5,000,000 forward funding loan to the Maryland Theatre,
BOE, or any other UIP component including the Plaza as
$5,000,000 forward funding loan to the Maryland Theatre,
BOE, or any other UIP component including the Plaza as
$5,000,000 forward funding loan to the Maryland Theatre,
BOE, or any other UIP component including the Plaza as
FISCAL IMPACT: The execution of the sub-recipient agreements and the Capital Grant
Agreement will allow the County to receive reimbursement for $345,255 for design costs.
CONCURRENCES: County Attorney, Chief Financial Officer
ALTERNATIVES: Failure to amend sub-recipient agreements may prevent the County from
utilizing all grant funds.
ATTACHMENTS: Capital Projects Grant Agreement, Draft Sub-Recipient Agreements
AUDIO/VISUAL TO BE USED: N/A
State of Maryland
CAPITAL PROJECTS GRANT AGREEMENT
This Agreement ("Agreement") is entered into this _ day of , 20_, by and
between the State of Maryland ("State"), acting through the Board of Public Works
(BPW), and Board of County Commissioners of Washington County, loo West
Washington Street Room 1101, Hagerstown Maryland 217AO ("Grantee"), whose
federal taxpayer identification number is
Recitals
A. Grantee has requested grant assistance from the State and has completed the
Capital Projects Grant Application.
B. The General Assembly has authorized this Grant titled Hagerstown
Revita&aii&iprovided that Grantee expends the money only for the purposes
outh
049
Therefore, the State and Grantee agree as follows:
1. Purpose. Grantee may use gr for the following purpose only ("Project"):
Hagerstown.
(See Enabling Act: DGS Item 1422, Chapter 4 of the Laws of Maryland 2018 which
is incorporated herein by reference.)
2. Grant. After the BPW approves this Agre m e State shall periodically
provide grant funds ("Grant") to, or on behalf of, r ntee not to exceed the lesser
of. $ 750,000 (Seven Hundred Fifty Thousand Dollars) or the amount of Grantee's
matching fund if the Enabling Act requires a matching fund.
3. Termination or Reduction ofAuthorization. The BPW, in its sole discretion, may
reduce or terminate the authorization to provide the Grant in the event: (a)
Grantee fails to provide evidence of the required matching fund by 6 1 2020; or
(b) no part of the Project is under contract by 6 1 202 or (c) the Project is
abandoned. The Enabling Act's authorization automatically terminates for any
grant funds that are unexpended or unencumbered by 6 1 202 .
4. Matching Fund. If the Enabling Act requires, Grantee must provide and expend a
matching' fund. Failure to prove any required matching fund may affect the
authorization pursuant to Paragraph 3 of this Agreement..
5. Disbursement of Grant. Subject to the availability of funds, the BPW may
periodically authorize payment to, or on behalf of, Grantee funds in an amount not
to exceed the Grant amount.
6. Limitations on Use. The BPW or its designee may, in its sole discretion,
disapprove requests for disbursement or expenditure of Grant funds that
are not consistent with or are not specifically related to the Project
purpose or this Agreement generally.
7. Term. This Agreement terminates if the BPW terminates the grant
authorization under Paragraph 3 without issuing bonds. Otherwise, this
Agreement is in effect so long as any State general obligation bonds issued,
sold, and delivered to provide funds for this Grant, remain outstanding, or
for such longer period as the parties may agree.
8. Payment Procedure. Payment procedures contained in the most recent
edition of Maryland Capital Grants Projects: Information for State of
Maryland Capital Grant Recipients hitp://cl2s.ma.n"land. ov,'PaPes/Grants/indexas12x�
are incorporated herein by reference. The State shall make payment to, or
on behalf of, Grantee in accordance with those procedures and any other
terms and conditions as the BPW, in its sole discretion, may impose.
9 oft .
(a) Section 7-402 of the State Finance and Procurement Article,
Annotated Code of Maryland, requires Grantee to submit a verified
report that fully ;anti -accurately accounts for appropriate Grant
expenditures. Relquj-ests5 or payment made in accordance with
Paragraph 8 of this Ad,
eement are deemed to comply with Section
7-402. :......_
(b) Grantee shall submit other reports or information as the State may
periodically require, including project .status reports and certified
audit reports.
10. Communications. Communications must be, ,essed as follows:
a i
To the State:
Office of the Comptroller
Capital Grants Program Administrator
8o Calvert Street, Room 215
Annapolis, Maryland 21404-0466
Department of General Services
Capital Grants Program Manager
301 W. Preston Street, Room 1405
Baltimore, Maryland 21201
To the Grantee:
11. Default. A default is Grantee's breach of any of the covenants, agreements,
or certifications contained in this Agreement.
12. Remedies Upon De ault.
(a) Upon the occurrence of any default, the State, as the BPW in its sole
discretion determines, may do one or more of the following:
(i) Require Grantee to repay the Grant, in whole or in part.
(ii) Recoup the amount of the Grant already paid from funds due
the Grantee from any other current or future State grant or
loan or any other funds, otherwise due and owing Grantee.
(iii) Withhold further payments under this Agreement.
(iv) Terminate this Agreement.
(b) In addition to the rights and remedies contained in this agreement,
the State may at any time proceed to protect and enforce all rights
available to it. All rights and remedies survive the termination of
this Agreement.
13 v,_postion of Property. Grantee may not sell, lease, exchange, give away,
erwise transfer or dispose of any interest in real or personal property
. ed or improved with Grant funds ("Grant -Funded Property")
uriYess the BPW gives prior written consent. This includes transfer or
disposition to a successor or the merger, dissolution, or other termination
of the existence of Grantee—' Grantee shall give the BPW written notice at
least 6o days before /a oposed transfer or disposition. When
consenting to a transfer position, the Board of Public Works may in
its sole discretion regtrew e grantee to repay a percentage of the proceeds
that are allocable to the grant.
14. Inspection and Retention of Records. Gf anee�.e Ball' permit any duly
authorized representative of the State to inspe d audit all records and
documents of Grantee relating to this Gran P rantee shall retain such
records for at least three years after this Agreement terminates.
15. Insurance.
(a) For any item of Grant -Funded Property that has an original fair
market value of $5,000 or more, Grantee shall, at its own expense
and for the reasonable useful life of that item, obtain and maintain
all risk of fire and extended coverage insurance or such similar
insurance coverage as may be appropriate for the full value of the
item or in amounts as may be commercially reasonable under the
circumstances. Grantee's insurer must be authorized to issue the
policy in the State. Each such policy shall by its terms:
(i) Name the State as an additional loss payee thereunder.
(h) Be considered primary and non-contributory with respect to
any other insurance, if any, provided by the State.
(iii) Be cancelable only on at least 3o days written notice to
Grantee and to the BPW.
(b) On request, Grantee shall, provide the BPW or its designee with
satisfactory evidence of insurance.
(c) Proceeds of insurance required by this Paragraph may be applied as
the BPW, in its sole discretion, shall determine toward replacement
of Grant -Funded Property or toward repayment of the Grant to the
State.
(d) The BPW or its designee in its sole discretion may determine that
Grantee may self -insure Grant -Funded. Property if Grantee has
adequate financial resources.
16. Indemnification. Grantee is responsible for, and shall defend, indemnify,
and hold harmless the State, its officers, agents, and employees, whether
or not the State be deemed contributorily negligent, from all suits, actions,
liability, or claims of liability (including reasonable attorneys' fees) arising
out of:
(a) The Project, including its construction.
(b)..._.. Grantee's use, occupancy, conduct, operation, or management of
he Project.
Any negligent, intentionally tortious, or other act or omission of
Grantee or any of its agents, contractors, servants, employees,
subtenants, licensees, or invitees in connection with the Project.
(d) Any injury to or death of any person or damage to any property
occurring in, on, or,as-a-,di,rect or indirect result of the Project or any
of Grantee's activate sru-iection therewith.
17. Registration. Grante0. a (charitable __) (religious _—) organization
registered with the Maryland Secretary of State in accordance with the
Annotated Code of Maryland [Business RegulAton Article -or Corporations
and Association Article]; is in good standing, --a d "' filed all of its
required reports with the Maryland Secretary(
te.
Check if YES
Check if NOTAPPLICABLE_and explain:
18. Commercial and Emploument Nondiscrimination. Grantee shall:
(a) Not discriminate in the selection, hiring, or treatment of any
employee, employment applicant, vendor, supplier, subcontractor,
or commercial customer on the basis of race, color, religion,
ancestry or national origin, sex, age, marital status, sexual
orientation, or on the basis of disability or any other unlawful use of
characteristics unrelated to performance.
(b) Include a clause similar to sub -paragraph (a) in any contract under
this Grant.
4
(c) Post, and cause contractors to post, in conspicuous places notices
setting forth the nondiscrimination policy.
19. Drug and Alcohol Po1icU. Grantee certifies that it shall make a good faith
effort to eliminate illegal drug use and alcohol and drug abuse from its
workplace. Specifically, Grantee shall:
(a) Prohibit the unlawful manufacture, distribution, dispensation,
possession, or use of drugs in its workplace.
(b) Prohibit its employees from working under the influence of alcohol
or drugs.
(c) Not hire or assign to work on an activity funded in whole or part
with State funds, anyone whom it knows, or in the exercise of due
diligence should know, currently abuses alcohol or drugs and is not
actively engaged in a bona fide rehabilitation program.
(d) Promptly inform the appropriate law enforcement agency of every
drug -related crime that occurs in its workplace if it or its employee
has observed the violation or otherwise has reliable information
r hat a violation has occurred.
Notify employees that drugs and alcohol abuse are banned in the
workplace, impose sanctions on employees who abuse drugs and
alcohol in the workplace, and institute steps to maintain a drug -free
and alcohol -free workplace.
20. Com-pliance with Apphcable/ w. Grantee hereby represents and
warrants that it:
(a) Is qualified to do business in the State of Maryland and that it will
take such action as, from time to time hereafter, may be necessary
to remain so qualified;
(b) Is not in arrears with respect to the pajFartment
,:of any monies due and
owing the State of Maryland, or any or unit thereof,
including but not limited to the payment of taxes and employee
benefits, and that it shall not become so in arrears during the Grant
term;
(c) Shall comply with all federal, State, and local laws, regulations, and
ordinances applicable to its activities and obligations under this
Grant.
(d) Shall obtain, at its expense, all licenses, permits, insurance, and
governmental approvals, if any, necessary to the performance of its
obligations under this Grant.
21. Non -Debarment. Neither Grantee nor any of its officers, directors, or any
of its employees directly involved in obtaining or performing grants or
contracts with public bodies has:
(a) Been convicted of bribery, attempted bribery, or conspiracy to bribe
in violation of any state or federal law.
5
(b) Been convicted under any state or federal statute of any offense
enumerated in Section 16-203 of the State Finance and
Procurement Article, Annotated Code of Maryland.
(c) Been found civilly liable under any state or federal antitrust statute
as provided in Section 16-203 of the State Finance and
Procurement Article, Annotated Code of Maryland.
22. Non -Collusion. Neither Grantee nor any of its officers, directors, or any of
its employees directly involved in obtaining or performing grants or
contracts with public bodies has:
(a) Agreed, conspired, connived, or colluded to produce a deceptive
show of competition in obtaining or performing this Grant.
(b) In any manner, directly or indirectly, entered into any agreement of
any kind to fix the bid price or price proposal of any bidder or
offeror or of any competitor, or otherwise taken any action in
restraint of free competitive bidding in connection with this Grant.
23. ,, Finar c2al Disclosure. Grantee is aware of, and will comply with, Section
y' of the State Finance and Procurement Article, Annotated Code of
land, which requires that every business that enters into contracts,
leases, or other agreements with the State or its agencies during a calendar
year under which the business is to receive in the aggregate $1oo,000 or
more shall, within 3o dayg�of the time when the aggregate value of the
contracts, leases or other moments reaches $1oo,000, file with the
Maryland Secretary of e certain specified information to include
disclosure of beneficial ow ership of the business.
24. Political Contributions. Grantee is aware .of, and will. comply with,
Election Law Article, Title 14, Annotated O d �'"Maryland, which
requires that every person that enters into o racts, leases, or other
agreements with the State, including its agent or a political subdivision
of the State, during a calendar year in which the person receives in the
aggregate $200,000 or more shall file with the State Board of Elections a
statement disclosing contributions in excess of $500 made during the
reporting period to a candidate for elective office in any primary or general
election.
25. No Contingent Fees. Grantee has not employed or retained any person,
partnership, corporation, or other entity, other than a bona fide employee
or agent working for Grantee, to solicit or secure the Grant. Grantee has
not paid or agreed to pay any person, partnership, corporation, or other
entity, other than a bona fide employee or agent, any fee or any other
consideration contingent on the making of the Grant.
26. No Lobbying Fees. In accordance with Section 7-221 of the State Finance
and Procurement Article, Annotated Code of Maryland, Grantee certifies
that no State money has been paid or promised to any legislative agent,
lawyer, or lobbyist for any service to obtain the legislation establishing or
appropriating funds for the Grant.
0
27. Non -hiring of State Emplouees. No State employee whose duties as such
employee include matters relating to or affecting the subject matter of this
Grant, shall, while so employed, become or be an employee of Grantee.
28. Amendment. The Agreement may be amended only in a writing signed by
the parties.
29. Assignment. Grantee may not assign this Agreement without the prior
written approval of the BPW. If the BPW approves an assignment, this
Agreement shall bind Grantee's successors and assigns.
3o. Entire Agreement. This Agreement represents the complete and final
understanding of the parties. No other understanding or representations,
oral or written, regarding the subject matter of this Agreement, shall be
deemed to exist or to bind the parties at the time the parties sign the
Agreement.
3i. ""'Marftjd Law. Maryland laws govern the interpretation and enforcement
eement.
By their -signatures, the parties so agree:
WITNESS: GRANTEE:
By: (SEAL)
Name:
Title:
STATE OF A,�YLAND
BOARD O7BLIC WORKS
Sheila McDonald
Executive Secretary
BPW APPROVAL: DGS Item -CGL ( / /20�
CAPITALPROJECTS GRANT AGREEMENT
Standard Form
Approved as to form and legal sufficiency forth State ofMarylandby the Department of Genera]
Services Assistant Attorney General.
NOTE: Any change to the sta ndardform mustbe approved for legal sufficiency.
7
1
AMENDMENT
TO
HAGERSTOWN REVITALIZATION PROJECT
CAPITAL PROJECTS BOND BILL
SUBRECIPIENT AGREEMENT
FISCAL YEAR 2018
BY AND BETWEEN
THE MARYLAND THEATRE ASSOCIATION
AND
THE BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
THIS AMENDMENT TO HAGERSTOWN REVITALIZATION PROJECT—
CAPITAL PROJECTS BOND BILL—SUBRECIPIENT AGREEMENT—FISCAL YEAR
2018 (“Amendment”) is made this _____ day of _______________, 2019, by and between
THE MARYLAND THEATRE ASSOCIATION, a Maryland non-profit corporation of
the State of Maryland (the “Theatre”), and the BOARD OF COUNTY
COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND, a body corporate and
politic and a political subdivision of the State of Maryland (the “County”). The Theatre
and the County may be referred to herein as the Parties.
RECITALS
The Maryland General Assembly authorized a grant titled “Hagerstown
Revitalization” in the amount of $1,500,000.00 in the State of Maryland’s fiscal year 2018
capital budget (the “FY2018 Grant”) for the purpose of plan, design, construction, and
capital equipping of the renovation and expansion of the Maryland Theatre and the
Barbara Ingram School for the Arts (Urban Educational Campus) and for the University
System of Maryland at Hagerstown (the “Project”). The Maryland General Assembly
authorized the FY2018 Grant in the form of a bond bill enacted into law on April 6,
2017, as Item ZA00(G), Section 1(3) – Miscellaneous Grant Programs, Chapter 022, of the
Laws of Maryland 2017.
Following the enactment of the law authorizing the FY2018 Grant, the County
and the Theatre, together with the Board of Education of Washington County (the
“BOE”), entered into a Capital Projects Grant Agreement (the “FY2018 Grant
Agreement”) on June 20, 2018, with the State of Maryland (the “State”), acting through
the Board of Public Works (the “BPW”). Pursuant to the FY2018 Grant Agreement, the
State agreed to periodically provide the FY2018 Grant to, or on behalf of, the County,
2
the Theatre, and the BOE, in an amount not to exceed the lesser of $1,500,000.00 or the
amount of the County’s matching fund according to the matching fund requirement, if
any, as stated in the applicable enabling act identified in the FY2018 Grant Agreement
as DGS Item 123, Chapter 022, of the Laws of Maryland 2017, incorporated therein by
reference. The FY2018 Grant Agreement is incorporated herein by reference.
In anticipation of receipt of the FY2018 Grant, the County entered into individual
agreements with the BOE and the Theatre for the purpose of establishing the allocation
of the FY2018 Grant.
On February 16, 2018, the County and the BOE entered into an agreement titled
Hagerstown Revitalization Project – Capital Projects Bond Bill – Subrecipient
Agreement – Fiscal Year 2018 (the “BOE FY2018 Subrecipient Agreement”), wherein the
County designated the BOE as the beneficiary of the FY2018 Grant funds for actual
eligible expenses in fiscal year 2018 in the amount of $1,500,000.00. The BOE FY2018
Subrecipient Agreement is incorporated herein by reference.
On February 20, 2018, the County and the Theatre entered into an agreement
titled Hagerstown Revitalization Project – Capital Projects Bond Bill – Subrecipient
Agreement – Fiscal Year 2018 (the “Theatre FY2018 Subrecipient Agreement”), wherein
the County designated the Theatre as the beneficiary of the FY2018 Grant funds for
actual eligible expenses in fiscal year 2018 in the amount of Zero Dollars ($0.00). The
Theatre FY2018 Subrecipient Agreement is incorporated herein by reference.
Pursuant to the Grant Agreement, the County has received the FY2018 Grant of
$1,500,000.00 from the State as funds allocated to the Project in fiscal year 2018. The
County will distribute the FY2018 Grant to the BOE pursuant to the BOE FY2018
Subrecipient Agreement upon the BOE’s satisfaction of all terms and conditions
required to be completed prior to distribution.
The County anticipates that the Maryland General Assembly will authorize
additional bond bills in support of the Project in fiscal years 2019, 2020, 2021, and 2022.
To that end, the BOE FY2018 Subrecipient Agreement and the Theatre FY2018
Subrecipient Agreement included provisions establishing the allocation of anticipated
grant funds in fiscal years 2019, 2020, 2021, and 2022.
Under the BOE FY2018 Subrecipient Agreement, the County designated the BOE
as the beneficiary of anticipated additional bond bill authorizations for the Project in
fiscal years 2019, 2020, 2021, and 2022, totaling $1,000,000.00, contingent upon the
County’s receipt of said additional grants, and allocated to the BOE as follows:
3
$500,000.00 in each of fiscal years 2019 and 2020, and Zero Dollars ($0.00) in fiscal years
2021 and 2022. As anticipated recipient of future grants, the County agreed, under the
BOE FY2018 Subrecipient Agreement, to reimburse the BOE periodically in amounts
equal to the BOE’s actual eligible expenses up to $1,000,000.00 incurred as certified to
the County by the BOE using prescribed forms. Also, under the BOE FY2018
Subrecipient Agreement, the County’s anticipated receipt of future grants in fiscal years
2019, 2020, 2021, and 2022 was made a condition precedent to the County’s contractual
obligation to reimburse the BOE’s actual eligible expenses, up to $1,000,000.00.
Under the Theatre FY2018 Subrecipient Agreement, the County designated the
Theatre as the beneficiary of anticipated additional bond bill authorizations for the
Project in fiscal years 2019, 2020, 2021, and 2022, totaling $5,000,000.00, contingent upon
the County’s receipt of said additional grants, and allocated to the Theatre as follows:
Zero Dollars ($0.00) in fiscal years 2019 and 2020, and $2,500,000.00 in each of fiscal
years 2021 and 2022. As anticipated recipient of future grants, the County agreed,
under the Theatre FY2018 Subrecipient Agreement, to reimburse the Theatre
periodically in amounts equal to the Theatre’s actual eligible expenses up to
$5,000,000.00 incurred as certified to the County by the Theatre using prescribed forms.
Also, under the Theatre FY2018 Subrecipient Agreement, the County’s anticipated
receipt of future grants in fiscal years 2019, 2020, 2021, and 2022 was made a condition
precedent to the County’s contractual obligation to reimburse the Theatre’s actual
eligible expenses, up to $5,000,000.00.
Pursuant to the Theatre’s specific request, the County and the Theatre entered
into a subsequent agreement titled the Maryland Theatre Improvement Project Forward
Funding Agreement (“Forward Funding Agreement”) dated February 21, 2018, under
which the County agreed to forward fund the Theatre’s actual eligible expenses up to
$5,000,000.00 which, under the Theatre FY2018 Subrecipient Agreement, had been
previously conditioned upon the County’s anticipated receipt of grants under future
bond bill authorizations in fiscal years 2019, 2020, 2021, and 2022. The Forward
Funding Agreement is incorporated herein by reference.
Pursuant to the terms of the Forward Funding Agreement, incorporating the
Theatre FY2018 Subrecipient Agreement therein by reference, and on or about the date
of said Forward Funding Agreement, the County began its commitment to forward
fund the Theatre’s actual eligible expenses up to $5,000,000.00 incurred as certified to
the County by the Theatre, notwithstanding any provisions to the contrary contained in
the Theatre FY2018 Subrecipient Agreement.
4
At the time of the Parties’ execution of this Amendment, and pursuant to the
terms of the Forward Funding Agreement, the County continues, and will continue, to
forward fund the Theatre’s actual eligible expenses up to $5,000,000.00 incurred as
certified to the County by the Theatre, notwithstanding any provisions to the contrary
contained in the Theatre FY2018 Subrecipient Agreement.
The Maryland General Assembly authorized a grant titled “Hagerstown
Revitalization” in the amount of $750,000.00 in the State’s fiscal year 2019 capital budget
(the “FY2019 Grant”) for the Project. The Maryland General Assembly authorized the
FY2019 Grant in the form of a bond bill enacted into law on April 5, 2018, as Item
ZA00(P), Section 1(3) – Miscellaneous Grant Programs, Chapter 009, of the Laws of
Maryland 2018.
Following the enactment of the law authorizing the FY2019 Grant, the County
anticipates entering into a Capital Projects Grant Agreement (the “FY2019 Grant
Agreement”) with the State, acting through the BPW. In the FY2019 Grant Agreement,
the State will agree to periodically provide the FY2019 Grant to, or on behalf of, the
County, in an amount not to exceed the lesser of $750,000.00 or the amount of the
County’s matching fund according to the matching fund requirement, if any, as stated
in the applicable enabling act identified as DGS Item 142, Chapter 009, of the Laws of
Maryland 2018, which will be incorporated in the FY2019 Grant Agreement by
reference. The County also anticipates entering into individual agreements with the
BOE and the Theatre for the purpose of establishing the allocation of the FY2019 Grant.
Prior to entering into future agreements regarding grants for the Project, the
Parties desire to amend certain terms and conditions of the Theatre FY2018 Subrecipient
Agreement and to agree upon certain other terms and conditions applicable to the
allocation of anticipated grants in fiscal years 2019, 2020, 2021, and 2022.
NOW, THEREFORE, in consideration of the mutual promises contained in the
Theatre FY2018 Subrecipient Agreement, the Forward Funding Agreement, and this
Amendment, and intending to be legally bound, the Parties agree as follows:
1. Recitals. The foregoing Recitals are material and operative provisions of
this Amendment with the same force and effect as all other substantive provisions.
2. Superseding Amendment. The terms and conditions of this Amendment
supersede any other terms and conditions of the FY2018 Subrecipient Agreement and
the Forward Funding Agreement that pertain to funding of the Project and that are
contrary to the terms and conditions of this Amendment.
5
3. Full Force and Effect. The Theatre FY2018 Subrecipient Agreement and
the Forward Funding Agreement will remain in full force and effect in accordance with
their respective terms and provisions, except as herein amended and modified. The
terms and provisions of the Theatre FY2018 Subrecipient Agreement and the Forward
Funding Agreement that are not herein expressly amended and modified will be and
remain in full force and effect as respectively stated therein. Furthermore, the Theatre
FY2018 Subrecipient Agreement and the Forward Funding Agreement, as amended and
modified, are hereby ratified and confirmed to be binding upon the Parties in
accordance with the respective terms thereof.
4. Future Allocations. Allocation of the FY2019 Grant and anticipated grants
in fiscal years 2020, 2021, and 2022 will be as follows:
A. FY2019 Grant - $750,000.00 – The County hereby designates the
Theatre as the beneficiary of the FY2019 Grant funds for actual eligible expenses
in fiscal year 2019 in the amount of $250,000.00. The County will receive
$345,255.00 of the FY2019 Grant funds for allowable reimbursement of design
costs paid by the County to the architect firm, Grimm & Parker. The County
hereby designates the BOE as the beneficiary of the FY2019 Grant funds for
actual eligible expenses in fiscal year 2019 in an amount up to the remaining
balance of $154,745.00, conditioned upon the BOE’s demonstrated need for such
funds. If the BOE does not need and does not utilize all or part of the remaining
balance of $154,745.00, the County hereby reserves the right to designate the
Theatre and/or any other component or aspect of the Project, including, but not
limited to, the Plaza, as beneficiary or beneficiaries of all or part of the
$154,745.00, conditioned upon demonstrated need and ability to accept State
funds.
B. FY2020 – The County anticipates that the Maryland General
Assembly will authorize a grant of $500,000.00 in support of the Project in the
State’s fiscal year 2020 capital budget. The County hereby reserves the right to
designate the Theatre, the BOE, and/or any other component or aspect of the
Project, including, but not limited to, the Plaza, as beneficiary or beneficiaries of
all or part of any grant funds authorized in fiscal year 2020, conditioned upon
demonstrated need and the ability to accept State funds.
C. FY2021 – The County anticipates that the Maryland General
Assembly will authorize a grant of $2,500,000.00 in support of the Project in the
State’s fiscal year 2021 capital budget. The County hereby reserves the right to
designate the Theatre, the BOE, and/or any other component or aspect of the
Project, including, but not limited to, the Plaza, as beneficiary or beneficiaries of
6
all or part of any grant funds authorized in fiscal year 2021, conditioned upon
demonstrated need and the ability to accept State funds.
D. FY2022 – The County anticipates that the Maryland General
Assembly will authorize a grant of $2,250,000 in support of the Project in the
State’s fiscal year 2022 capital budget. The County hereby reserves the right to
designate the Theatre, the BOE, and/or any other component or aspect of the
Project, including, but not limited to, the Plaza, as beneficiary or beneficiaries of
all or part of any grant funds authorized in fiscal year 2022, conditioned upon
demonstrated need and the ability to accept State funds.
5. Future Agreements. The Parties agree that they will enter into future
subrecipient agreements, as needed, for each of the fiscal years in which grants are
authorized in support of the Project as set forth in Paragraph 4 of this Amendment.
6. Revisions. This Amendment may be revised only in a writing signed by
the Parties.
DULY EXECUTED on behalf of the Parties as of the day and year first written.
ATTEST: MARYLAND THEATRE
ASSOCIATION, INC.
By:
Benito Vattelana, President
ATTEST: BOARD OF COUNTY
COMMISSIONERS
OF WASHINGTON COUNTY,
MARYLAND
By:
Krista L. Hart, Clerk Jeffrey A. Cline, President
7
Approved: Approved as to form and
legal sufficiency:
Susan Buchanan, Director Kirk C. Downey
Office of Grant Management County Attorney
1
AMENDMENT
TO
HAGERSTOWN REVITALIZATION PROJECT
CAPITAL PROJECTS BOND BILL
SUBRECIPIENT AGREEMENT
FISCAL YEAR 2018
BY AND BETWEEN
THE BOARD OF EDUCATION OF WASHINGTON COUNTY, MARYLAND,
AND
THE BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
THIS AMENDMENT TO HAGERSTOWN REVITALIZATION PROJECT—
CAPITAL PROJECTS BOND BILL—SUBRECIPIENT AGREEMENT—FISCAL YEAR
2018 (“Amendment”) is made this _____ day of _______________, 2019, by and between
THE BOARD OF EDUCATION OF WASHINGTON COUNTY, MARYLAND, a body
corporate of the State of Maryland (the “BOE”), and the BOARD OF COUNTY
COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND, a body corporate and
politic and a political subdivision of the State of Maryland (the “County”). The BOE
and the County may be referred to herein as the Parties.
RECITALS
The Maryland General Assembly authorized a grant titled “Hagerstown
Revitalization” in the amount of $1,500,000.00 in the State of Maryland’s fiscal year 2018
capital budget (the “FY2018 Grant”) for the purpose of plan, design, construction, and
capital equipping of the renovation and expansion of the Maryland Theatre and the
Barbara Ingram School for the Arts (Urban Educational Campus) and for the University
System of Maryland at Hagerstown (the “Project”). The Maryland General Assembly
authorized the FY2018 Grant in the form of a bond bill enacted into law on April 6,
2017, as Item ZA00(G), Section 1(3) – Miscellaneous Grant Programs, Chapter 022, of the
Laws of Maryland 2017.
Following the enactment of the law authorizing the FY2018 Grant, the County
and the BOE, together with the Maryland Theatre Association, Inc. (the “Theatre”),
entered into a Capital Projects Grant Agreement (the “FY2018 Grant Agreement”) on
June 20, 2018, with the State of Maryland (the “State”), acting through the Board of
Public Works (the “BPW”). Pursuant to the FY2018 Grant Agreement, the State agreed
to periodically provide the FY2018 Grant to, or on behalf of, the County, the Theatre,
2
and the BOE, in an amount not to exceed the lesser of $1,500,000.00 or the amount of the
County’s matching fund according to the matching fund requirement, if any, as stated
in the applicable enabling act identified in the FY2018 Grant Agreement as DGS Item
123, Chapter 022, of the Laws of Maryland 2017, incorporated therein by reference. The
FY2018 Grant Agreement is incorporated herein by reference.
In anticipation of receipt of the FY2018 Grant, the County entered into individual
agreements with the BOE and the Theatre for the purpose of establishing the allocation
of the FY2018 Grant.
On February 16, 2018, the County and the BOE entered into an agreement titled
Hagerstown Revitalization Project – Capital Projects Bond Bill – Subrecipient
Agreement – Fiscal Year 2018 (the “BOE FY2018 Subrecipient Agreement”), wherein the
County designated the BOE as the beneficiary of the FY2018 Grant funds for actual
eligible expenses in fiscal year 2018 in the amount of $1,500,000.00. The BOE FY2018
Subrecipient Agreement is incorporated herein by reference.
On February 20, 2018, the County and the Theatre entered into an agreement
titled Hagerstown Revitalization Project – Capital Projects Bond Bill – Subrecipient
Agreement – Fiscal Year 2018 (the “Theatre FY2018 Subrecipient Agreement”), wherein
the County designated the Theatre as the beneficiary of the FY2018 Grant funds for
actual eligible expenses in fiscal year 2018 in the amount of Zero Dollars ($0.00). The
Theatre FY2018 Subrecipient Agreement is incorporated herein by reference.
Pursuant to the Grant Agreement, the County has received the FY2018 Grant of
$1,500,000.00 from the State as funds allocated to the Project in fiscal year 2018. The
County will distribute the FY2018 Grant to the BOE pursuant to the BOE FY2018
Subrecipient Agreement upon the BOE’s satisfaction of all terms and conditions
required to be completed prior to distribution.
The County anticipates that the Maryland General Assembly will authorize
additional bond bills in support of the Project in fiscal years 2019, 2020, 2021, and 2022.
To that end, the BOE FY2018 Subrecipient Agreement and the Theatre FY2018
Subrecipient Agreement included provisions establishing the allocation of anticipated
grant funds in fiscal years 2019, 2020, 2021, and 2022.
Under the BOE FY2018 Subrecipient Agreement, the County designated the BOE
as the beneficiary of anticipated additional bond bill authorizations for the Project in
fiscal years 2019, 2020, 2021, and 2022, totaling $1,000,000.00, contingent upon the
County’s receipt of said additional grants, and allocated to the BOE as follows:
3
$500,000.00 in each of fiscal years 2019 and 2020, and Zero Dollars ($0.00) in fiscal years
2021 and 2022. As anticipated recipient of future grants, the County agreed, under the
BOE FY2018 Subrecipient Agreement, to reimburse the BOE periodically in amounts
equal to the BOE’s actual eligible expenses up to $1,000,000.00 incurred as certified to
the County by the BOE using prescribed forms. Also, under the BOE FY2018
Subrecipient Agreement, the County’s anticipated receipt of future grants in fiscal years
2019, 2020, 2021, and 2022 was made a condition precedent to the County’s contractual
obligation to reimburse the BOE’s actual eligible expenses, up to $1,000,000.00.
Under the Theatre FY2018 Subrecipient Agreement, the County designated the
Theatre as the beneficiary of anticipated additional bond bill authorizations for the
Project in fiscal years 2019, 2020, 2021, and 2022, totaling $5,000,000.00, contingent upon
the County’s receipt of said additional grants, and allocated to the Theatre as follows:
Zero Dollars ($0.00) in fiscal years 2019 and 2020, and $2,500,000.00 in each of fiscal
years 2021 and 2022. As anticipated recipient of future grants, the County agreed,
under the Theatre FY2018 Subrecipient Agreement, to reimburse the Theatre
periodically in amounts equal to the Theatre’s actual eligible expenses up to
$5,000,000.00 incurred as certified to the County by the Theatre using prescribed forms.
Also, under the Theatre FY2018 Subrecipient Agreement, the County’s anticipated
receipt of future grants in fiscal years 2019, 2020, 2021, and 2022 was made a condition
precedent to the County’s contractual obligation to reimburse the Theatre’s actual
eligible expenses, up to $5,000,000.00.
Pursuant to the Theatre’s specific request, the County and the Theatre entered
into a subsequent agreement titled the Maryland Theatre Improvement Project Forward
Funding Agreement (“Forward Funding Agreement”) dated February 21, 2018, under
which the County agreed to forward fund the Theatre’s actual eligible expenses up to
$5,000,000.00 which, under the Theatre FY2018 Subrecipient Agreement, had been
previously conditioned upon the County’s anticipated receipt of grants under future
bond bill authorizations in fiscal years 2019, 2020, 2021, and 2022. The Forward
Funding Agreement is incorporated herein by reference.
Pursuant to the terms of the Forward Funding Agreement, incorporating the
Theatre FY2018 Subrecipient Agreement therein by reference, and on or about the date
of said Forward Funding Agreement, the County began its commitment to forward
fund the Theatre’s actual eligible expenses up to $5,000,000.00 incurred as certified to
the County by the Theatre, notwithstanding any provisions to the contrary contained in
the Theatre FY2018 Subrecipient Agreement.
4
At the time of the Parties’ execution of this Amendment, and pursuant to the
terms of the Forward Funding Agreement, the County continues, and will continue, to
forward fund the Theatre’s actual eligible expenses up to $5,000,000.00 incurred as
certified to the County by the Theatre, notwithstanding any provisions to the contrary
contained in the Theatre FY2018 Subrecipient Agreement.
The Maryland General Assembly authorized a grant titled “Hagerstown
Revitalization” in the amount of $750,000.00 in the State’s fiscal year 2019 capital budget
(the “FY2019 Grant”) for the Project. The Maryland General Assembly authorized the
FY2019 Grant in the form of a bond bill enacted into law on April 5, 2018, as Item
ZA00(P), Section 1(3) – Miscellaneous Grant Programs, Chapter 009, of the Laws of
Maryland 2018.
Following the enactment of the law authorizing the FY2019 Grant, the County
anticipates entering into a Capital Projects Grant Agreement (the “FY2019 Grant
Agreement”) with the State, acting through the BPW. In the FY2019 Grant Agreement,
the State will agree to periodically provide the FY2019 Grant to, or on behalf of, the
County, in an amount not to exceed the lesser of $750,000.00 or the amount of the
County’s matching fund according to the matching fund requirement, if any, as stated
in the applicable enabling act identified as DGS Item 142, Chapter 009, of the Laws of
Maryland 2018, which will be incorporated in the FY2019 Grant Agreement by
reference. The County also anticipates entering into individual agreements with the
BOE and the Theatre for the purpose of establishing the allocation of the FY2019 Grant.
Prior to entering into future agreements regarding grants for the Project, the
Parties desire to amend certain terms and conditions of the BOE FY2018 Subrecipient
Agreement and to agree upon certain other terms and conditions applicable to the
allocation of anticipated grants in fiscal years 2019, 2020, 2021, and 2022.
NOW, THEREFORE, in consideration of the mutual promises contained in the
BOE FY2018 Subrecipient Agreement and this Amendment, and intending to be legally
bound, the Parties agree as follows:
1. Recitals. The foregoing Recitals are material and operative provisions of
this Amendment with the same force and effect as all other substantive provisions.
2. Superseding Amendment. The terms and conditions of this Amendment
supersede any other terms and conditions of the FY2018 Subrecipient Agreement that
pertain to funding of the Project and that are contrary to the terms and conditions of
this Amendment.
5
3. Full Force and Effect. The BOE FY2018 Subrecipient Agreement will
remain in full force and effect, except as herein amended and modified. The terms and
provisions of the BOE FY2018 Subrecipient Agreement that are not herein expressly
amended and modified will be and remain in full force and effect as stated therein.
Furthermore, the BOE FY2018 Subrecipient Agreement, as amended and modified, is
hereby ratified and confirmed to be binding upon the Parties in accordance with the
respective terms thereof.
4. Future Allocations. Allocation of the FY2019 Grant and anticipated grants
in fiscal years 2020, 2021, and 2022 will be as follows:
A. FY2019 Grant - $750,000.00 – The County hereby designates the
Theatre as the beneficiary of the FY2019 Grant funds for actual eligible expenses
in fiscal year 2019 in the amount of $250,000.00. The County will receive
$345,255.00 of the FY2019 Grant funds for allowable reimbursement of design
costs paid by the County to the architect firm, Grimm & Parker. The County
hereby designates the BOE as the beneficiary of the FY2019 Grant funds for
actual eligible expenses in fiscal year 2019 in an amount up to the remaining
balance of $154,745.00, conditioned upon the BOE’s demonstrated need for such
funds. If the BOE does not need and does not utilize all or part of the remaining
balance of $154,745.00, the County hereby reserves the right to designate the
Theatre and/or any other component or aspect of the Project, including, but not
limited to, the Plaza, as beneficiary or beneficiaries of all or part of the
$154,745.00, conditioned upon demonstrated need and ability to accept State
funds.
B. FY2020 – The County anticipates that the Maryland General
Assembly will authorize a grant of $500,000.00 in support of the Project in the
State’s fiscal year 2020 capital budget. The County hereby reserves the right to
designate the Theatre, the BOE, and/or any other component or aspect of the
Project, including, but not limited to, the Plaza, as beneficiary or beneficiaries of
all or part of any grant funds authorized in fiscal year 2020, conditioned upon
demonstrated need and the ability to accept State funds.
C. FY2021 – The County anticipates that the Maryland General
Assembly will authorize a grant of $2,500,000.00 in support of the Project in the
State’s fiscal year 2021 capital budget. The County hereby reserves the right to
designate the Theatre, the BOE, and/or any other component or aspect of the
Project, including, but not limited to, the Plaza, as beneficiary or beneficiaries of
all or part of any grant funds authorized in fiscal year 2021, conditioned upon
demonstrated need and the ability to accept State funds.
6
D. FY2022 – The County anticipates that the Maryland General
Assembly will authorize a grant of $2,250,000 in support of the Project in the
State’s fiscal year 2022 capital budget. The County hereby reserves the right to
designate the Theatre, the BOE, and/or any other component or aspect of the
Project, including, but not limited to, the Plaza, as beneficiary or beneficiaries of
all or part of any grant funds authorized in fiscal year 2022, conditioned upon
demonstrated need and the ability to accept State funds.
5. Future Agreements. The Parties agree that they will enter into future
subrecipient agreements, as needed, for each of the fiscal years in which grants are
authorized in support of the Project as set forth in Paragraph 4 of this Amendment.
6. Revisions. This Amendment may be revised only in a writing signed by
the Parties.
DULY EXECUTED on behalf of the Parties as of the day and year first written.
ATTEST: BAORD OF EDUCATION OF
WASHINGTON COUNTY,
MARYLAND
By:
Melissa A. Williams, President
ATTEST: BOARD OF COUNTY
COMMISSIONERS
OF WASHINGTON COUNTY,
MARYLAND
By:
Krista L. Hart, Clerk Jeffrey A. Cline, President
7
Approved: Approved as to form and
legal sufficiency:
Susan Buchanan, Director Kirk C. Downey
Office of Grant Management County Attorney
Open Session Item
SUBJECT: Community Organization Funding - Service Priority Areas for Fiscal Year 2021
PRESENTATION DATE: August 27, 2019
PRESENTATION BY: Susan Buchanan, Director, Office of Grant Management
RECOMMENDED MOTION: Move to approve the Community Organization Funding
Service Priority Areas and their respective available funding amounts as presented (or amended).
REPORT-IN-BRIEF: The Community Organization Funding Committee is preparing for the
fiscal year 2021 application and review process. As agreed upon, the Board of County
Commissioners shall annually determine and approve the service priority areas eligible to receive
funding consideration. The Board shall also set or approve the total available funding that should
be dedicated to each established service priority area.
DISCUSSION: Historically the Board has funded six (6) service priority areas which are: Arts
& Culture, Domestic Violence, Families and Children, Recreation, Seniors and Other. These
service priority areas have encompassed and included all applications received and have not
excluded an organization from making application for funding.
For the purposes of the Committees fiscal year 2021 considerations, Washington County’s Chief
Financial Officer has indicated $774,000 is available for distribution. This amount is a reduction
of $926,000 from the previous funding level of $1,700,000 in 2020. The reduction reflects the
removal of the Commission on Aging and Museum of Fine Arts from the process and placing
them as individual line items within the County’s operating budget. This total is subject to
adjustment as the fiscal year 2021 budget is discussed.
It is the recommendation of the County’s CFO and Director of the Office of Grant Management
that the amount of funding made available for each respective service priority be set as indicated
below:
Service Priority Area Funding Available Percent of Available Funds
Arts & Culture $107,810 14.0%
Domestic Violence $306,900 39.6%
Families & Children $255,380 33.0%
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Recreation $27,000 3.5%
Seniors $67,110 8.7%
Other $9,800 1.2%
Total $774,000 100%
As agreed upon by the Board, the Committee does have the latitude to move ten (10) percent of
the approved amounts from one service priority to another, but every year the amount of funding
available for a specific service priority area will return to the approved base figure as set by the
Board.
FISCAL IMPACT: The fiscal impact of Community Organization Funding is dependent upon
funding decisions made by the Board during the annual budgetary process. Any decisions made
as a result of this discussion will have no immediate fiscal impact.
CONCURRENCES: Chief Financial Officer, Washington County, Maryland
ALTERNATIVES: The Board may amend service priorities and funding amounts as deemed
appropriate
ATTACHMENTS: N/A
AUDIO/VISUAL TO BE USED: N/A
Open Session Item
SUBJECT: Proposed Payment in Lieu of Taxes (“PILOT”) Agreement for Solar Hagerstown
LLC
PRESENTATION DATE: August 27, 2019
PRESENTATION BY: Justin Fike, Principal, Aperture Power
RECOMMENDED MOTION: Move to accept the proposal for PILOT Agreement with Solar
Hagerstown LLC.
REPORT-IN-BRIEF: Greenbacker Renewable Energy Corporation, an owner and operator of
renewable energy projects throughout the US, is developing a 10MWac solar project (the
“Project”) called Solar Hagerstown in Washington County (the “County”) to be owned and
operated by Solar Hagerstown LLC (the “Company”). The Project is being designed to utilize
approximately 70 acres of land adjacent to the Holcim (US) Hagerstown Cement Plant and to
sell electricity to Holcim under a long-term power purchase agreement. The Company requests a
PILOT agreement to make the Project economically feasible.
DISCUSSION: Maryland’s Renewable Portfolio Standard Law (RPS Law) mandates that by
2030, 50% of Maryland’s electricity is to be generated from renewable sources, with at least
14.5% of the electricity coming from solar power.
Md. Code Ann., Tax-Property §7-237 provides that personal property that is machinery
and equipment used to generate electricity for sale is subject to County personal property tax on
50% of its value. Despite this reduction, the initial capital investment for a solar project is
expensive - the Company will be investing millions of dollars in solar panels, trackers, wiring,
and other equipment necessary to operate the Project. Due to the intensity of the start-up capital
costs, the effect of the business personal property taxes is comparatively more significant for a
solar project than for the average business in the County for which only a portion of the start-up
costs are considered “business personal property.” This is especially the case for the early years
of the Project.
To ease the initial burden on solar companies, and to provide relief beyond the
aforementioned 50% assessment reduction, Md. Code, Tax-Property § 7-514(a)(1) allows a
county or municipal corporation to “enter into an agreement with the owner of a facility for the
generation of electricity that is located or locates in the county or the municipal corporation for a
negotiated payment by the owner in lieu of taxes on the facility.”
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
To make the Project economically feasible with respect to the County’s business personal
property tax rate of 2.37%, the Company requests the opportunity to enter into a PILOT
agreement as permitted by Md. Code, Tax-Property § 7-514(a)(1), setting an annual payment at
$6,000 per MWac of installed capacity. The PILOT would begin the year the Project’s business
personal property is subject to County tax and would continue through the initial 35-year term of
the Project’s ground lease with the landowner. After the initial 35-year term, the Project and the
County may continue the PILOT for an extension or renewal of the lease or renegotiate the
amount and structure of the payments based on a reasonable assessment of the circumstances at
that time.
Taking into account the 50% assessment abatement and annual depreciation, the total
payments received from the Project at $6,000 per MWac over the total life of the 35-year lease
represents a 38% reduction from what would otherwise be payable to the County.
FISCAL IMPACT: While granting a PILOT agreement will reduce the tax payments to the
County by 38% over 35 years, the lower tax rate and the stability that the PILOT agreement
provides will give the Company and its investors the certainty they need to build the Project,
thereby increasing County tax revenue by $2.1 million when compared to a scenario where the
Project is not built.
CONCURRENCES: N/A
ALTERNATIVES: Do not grant the PILOT request.
ATTACHMENTS: Excel spreadsheet
AUDIO/VISUAL NEEDS: None
Washington County, MD ‐ Personal Property Tax Analysis ‐ Solar Hagerstown
Equipment Value* 16,982,822$
Project Size (MWac) 10.0
Taxable Value** 50%
Washington County Personal Property Tax Rate 2.37%
Proposed PILOT Rate ($/MWac) $6,000
Tax Payments ‐ Without PILOT 3,385,992$
Tax Payments ‐ With PILOT 2,100,000$
Year 1 2 3 4 5 6 7 8 9 10
Depreciation Ratio*** 0.9667 0.9334 0.9001 0.8668 0.8335 0.8002 0.7669 0.7336 0.7003 0.667
Depreciated Value 16,417,294$ 15,851,766$ 15,286,238$ 14,720,710$ 14,155,182$ 13,589,654$ 13,024,126$ 12,458,599$ 11,893,071$ 11,327,543$
Taxable Value 8,208,647$ 7,925,883$ 7,643,119$ 7,360,355$ 7,077,591$ 6,794,827$ 6,512,063$ 6,229,299$ 5,946,535$ 5,663,771$
Washington County Property Tax Amount 194,545$ 187,843$ 181,142$ 174,440$ 167,739$ 161,037$ 154,336$ 147,634$ 140,933$ 134,231$
PILOT Amount $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000
Year 11 12 13 14 15 16 17 18 19 20
Depreciation Ratio***0.6337 0.6004 0.5671 0.5338 0.5005 0.4672 0.4339 0.4006 0.3673 0.334
Depreciated Value 10,762,015$ 10,196,487$ 9,630,959$ 9,065,431$ 8,499,903$ 7,934,375$ 7,368,847$ 6,803,319$ 6,237,791$ 5,672,263$
Taxable Value 5,381,007$ 5,098,243$ 4,815,479$ 4,532,715$ 4,249,951$ 3,967,187$ 3,684,423$ 3,401,659$ 3,118,895$ 2,836,131$
Washington County Property Tax Amount 127,530$ 120,828$ 114,127$ 107,425$ 100,724$ 94,022$ 87,321$ 80,619$ 73,918$ 67,216$
PILOT Amount $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000
Year 21 22 23 24 25 26 27 28 29 30
Depreciation Ratio***0.3007 0.2674 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25
Depreciated Value 5,106,735$ 4,541,207$ 4,245,706$ 4,245,706$ 4,245,706$ 4,245,706$ 4,245,706$ 4,245,706$ 4,245,706$ 4,245,706$
Taxable Value 2,553,367$ 2,270,603$ 2,122,853$ 2,122,853$ 2,122,853$ 2,122,853$ 2,122,853$ 2,122,853$ 2,122,853$ 2,122,853$
Washington County Property Tax Amount 60,515$ 53,813$ 50,312$ 50,312$ 50,312$ 50,312$ 50,312$ 50,312$ 50,312$ 50,312$
PILOT Amount $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000
Year 31 32 33 34 35
Depreciation Ratio***0.25 0.25 0.25 0.25 0.25
Depreciated Value 4,245,706$ 4,245,706$ 4,245,706$ 4,245,706$ 4,245,706$
Taxable Value 2,122,853$ 2,122,853$ 2,122,853$ 2,122,853$ 2,122,853$
Washington County Property Tax Amount 50,312$ 50,312$ 50,312$ 50,312$ 50,312$
PILOT Amount $60,000 $60,000 $60,000 $60,000 $60,000
Notes:
*Equipment value is an estimate and subject to finalization of construction and equipment contracts
**Maryland Tax Code ‐ Property Section 7‐237
https://law.justia.com/codes/maryland/2005/gtp/7‐237.html
***Per Sec. 18.03.01.02 of the Code of Maryland Regulations, assumes 3‐1/3%/year depreciation schedule per §B(2), with a floor of 25% per §A
http://www.dsd.state.md.us/comar/comarhtml/18/18.03.01.02.htm
Open Session Item
SUBJECT: Emergency Medical Service (EMS) Special Procedures and Auditing Services
PRESENTATION DATE: August 27, 2019
PRESENTATION BY: Dave Hays, Director, Division of Emergency Services; Kim Edlund, Director, Budget
& Finance
RECOMMENDATION: For informational purposes
REPORT-IN-BRIEF: County personnel have drafted the Request for Proposals (RFP) for special procedures and
auditing services.
DISCUSSION: The public accounting profession offers a number of services, each designed to focus decisions on
a particular need.
Auditing - The purpose of an audit is for the CPA firm to provide an opinion on the financial statements as a whole,
and whether they comply with generally accepted accounting principles. The report is a measure of the reliability of
the financial statements. On some occasions, an auditor is unable to complete an accurate audit report. This may
occur for a variety of reasons, such as an absence of appropriate financial records. When this happens, the auditor
issues a disclaimer of opinion, stating that an opinion of the firm’s financial status could not be determined.
Attestation – Agreed Upon Procedures (AUP) - An AUP engagement offers the client greater flexibility than what a
traditional audit can provide. It is likely to be more suitable than an audit for specific procedures addressing a
particular need. In an AUP, the agreement would be between the County and the CPA firm to perform procedures
within the companies. An AUP does not include an opinion, but the client does receive a final report that is based
upon the agreed upon procedures. AUP’s provide the details and results of each procedure performed. An AUP is
used to meet all needs that an audit cannot address.
The RFP as written has two options. Option 1 is related to a set of Agreed upon Procedures and Option 2 is a
financial statement audit. The RFP is written to provide the Board of County Commissioners flexibility of choosing
option 1, option 2, or both.
The RFP is set to be advertised on Friday August 30th. Any request for changes must be made by August 28th.
FISCAL IMPACT: Unavailable at this time
CONCURRENCES: N/A
ALTERNATIVES: Modify the RFP
ATTACHMENTS: Request for Proposals
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
COORDINATING COMMITTEE
100 West Washington Street, Room 3200 | Hagerstown, MD 21740-4748 | P: 240.313.2330 | F: 240.313.2331
www.washco-md.net
Request for Proposals
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page i
REQUEST FOR PROPOSALS
REGARDING QUALIFICATIONS & EXPERIENCE/
TECHNICAL PROPOSALS AND PRICE PROPOSALS
EMERGENCY SERVICES SPECIAL PROCEDURES AND AUDITING SERVICES
The Board of County Commissioners of Washington County, Maryland is requesting Qualifications
and Experience/Technical Proposals, and Price Proposals from Certified Public Accounting Firms to
perform a set of special procedures and audit of the financial statements of 8 independent emergency
services companies and the Volunteer Fire & Rescue Association for the most recently completed reporting
year of the companies.
The Washington County Coordinating Committee will evaluate responses to this Request for
Proposal (RFP) and select those firms judged to be responsive, most qualified and experienced. The
Committee reserves the right to interview some or all-prospective firms to discuss Qualifications &
Experience/Technical Proposals, as well as Price Proposals.
The format for submittals, information regarding the scope of work, and the selection criteria used
by the Committee is available from either the Washington County Purchasing Department, Washington
County Administration Complex, 100 West Washington Street, Third Floor, Room 3200, Hagerstown,
Maryland 21740, telephone 240-313-2330 or from the Washington County website: www.washco-md.net
by accessing the “Divisions & Departments/Purchasing Department/Open Bid Invitations”. Inquiries should
be directed to Rick Curry, CPPO – Director of Purchasing, at the above address.
A Pre-Proposal Conference will be held on Monday, September 9, 2019 at 11:00 A.M., (EST) at
the Washington County Administration Complex, 100 West Washington Street, Second Floor Conference
Room No. 2001, Hagerstown, Maryland 21740. All prospective proposers are requested to attend.
Attendance at this conference is not mandatory but is strongly encouraged.
One (1) original and five (5) copies of submittals of Qualifications & Experience/Technical
Proposals from firms enclosed in a sealed opaque envelope marked “Q & E/Technical Proposal -
Emergency Services Special Procedures and Auditing Services”, and one (1) original and five (5) copies
of the Price Proposal enclosed in a separate and sealed opaque envelope marked “Price Proposal -
Emergency Services Special Procedures and Auditing Services” are due into the Office of Rick Curry,
CPPO - Director of Purchasing, Washington County Purchasing Department, Washington County
Administration Complex, 100 West Washington Street, Third Floor, Room 3200, Hagerstown, Maryland
21740-4748, no later than 4:00 P.M., (EST), Thursday, September 26, 2019. The Washington County
Coordinating Committee will evaluate the proposals. Failure to comply in providing the above required
information for the Committee’s review may result in disqualification of that firm.
Request for Proposals
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page ii
NOTE: All Proposers must enter the County Administration Complex through either the front
door, 100 West Washington Street entrance or through the rear entrance (w/blue canopy roof)
which is handicap accessible, and must use the elevator to access the Purchasing Department to
submit their proposal and/or to attend the Pre-Proposal Conference. Alternate routes are
controlled by a door access system. Washington County Government implemented new security
protocols at the Washington County Administration Complex at 100 West Washington Street,
Hagerstown, effective February 14, 2017. The general public will be subject to wand search and
will be required to remove any unauthorized items from the building prior to entry. Prohibited
items include, but are not limited to: Weapons of any type: firearms, ammunition and explosive
devices; cutting instruments of any type – including knives, scissors, box cutters, work tools, knitting
needles or anything with a cutting edge, etc.; pepper spray, mace or any other chemical defense
sprays; and illegal substances.
Washington County shall make positive efforts to utilize Disadvantaged Business Enterprises for
its supplies and services and shall allow these sources the maximum feasible opportunity to compete for
contracts. The Board of County Commissioners of Washington County does not discriminate on the basis
race, color, national origin, sex, religion, age and disability in employment or the provision of services.
Individuals requiring special accommodations are requested to contact 240-313-2330 Voice, TDD Dial
711 to make arrangements no later than five (5) calendar days prior to the Pre-Proposal Conference.
The Board of County Commissioners of Washington County, Maryland reserves the right to accept
or reject any and/or all proposals and to waive formalities, informalities, and technicalities therein and to
take whatever action is in the best interest of Washington County. The Board reserves the right to contact
a Proposer for clarifications and may, at its sole discretion, allow a Proposer to correct any and all
formalities, informalities and technicalities in the best interest of Washington County.
By Authority of:
Rick F. Curry, CPPO
Director of Purchasing
COORDINATING COMMITTEE
100 West Washington Street, Room 3200 | Hagerstown, MD 21740-4748 | P: 240.313.2330 | F: 240.313.2331
www.washco-md.net
Request for Proposal
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 1
PUR-1447
REQUEST FOR PROPOSALS
REGARDING QUALIFICATIONS & EXPERIENCE/
TECHNICAL PROPOSALS AND PRICE PROPOSALS
EMERGENCY SERVICES SPECIAL PROCEDURES AND AUDITING SERVICES
August 30, 2019
I. NATURE OF SERVICES REQUIRED
A. General
The Board of County Commissioners of Washington County, Maryland (County) is soliciting
the services of qualified firms of certified public accountants to perform a set of special
procedures and an audit of the financial statements of 8 independent emergency services
companies and the Washington County Volunteer Fire & Rescue Association. The reporting
period will be considered the most recently completed and submitted (to the County) reporting
period, either 12/31/2018 or 6/30/2018, in accordance with the companies’ year-end. These
audits are to be performed in accordance with the provisions contained in this request for
proposals.
B. Scope of Work to be Performed
1. Attestation Engagement - Special Procedures – An audit opinion is not provided for the
following procedures. Instead, the audit firms report will be in the form of procedures
performed and findings thereof. If applicable, sampling will be used to test the below
procedures for reasonable assurance of the population.
To meet the requirements of this request for proposals, the procedures shall be performed
in accordance with Attestation standards, as set forth by the American Institute of Certified
Public Accountants.
a. Identify employee benefit programs and report on whether there is an existing
policy in place for those programs.
b. ERISA Compliance – 401K contributions, distributions, and fiscal management of
the retirement program should be evaluated for compliance with ERISA and the
Department of Labor. The Firm will select 100% of employees for two non-
Request for Proposal
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 2
consecutive pay periods to determine the following based on the plan document:
i. Deferrals are withheld in accordance with the plan document and remitted
timely
ii. Employer contributions were calculated appropriately and remitted timely
iii. In addition, determine if the Summary Plan Description, Summary Annual
Report, and annual 5500 filing is available or completed.
c. Test and report on the organizations compliance with Department Of Labor
regulations as they pertain to payroll of workers, including compensation of
overtime and compensatory time payments.
i. Review W2’s and 1099’s for appropriate reporting of either employee
or contractor.
ii. Select 100% of employees for two (2) pay periods in one year to test
that overtime and compensatory accruals are calculated in accordance
with DOL standards.
iii. Test 100% of employees for year-end compensatory time carryover/loss
according to policy.
d. Review and report on the payroll process, controls, procedures, and authorities
i. Report on whether payroll is processed internally or outsourced, and by
whom.
ii. Report any material weakness in internal control as defined in auditing
standards.
e. Gain an understanding of control and how transactions are initiated, approved,
and recorded. Determine and report on the level of involvement of board members:
i. If Board members are independent of the organizations operations and
financial recordkeeping.
ii. If Board members are required to approve certain transactions, and if so,
name those transactions.
iii. If Board members are required to sign checks
iv. Level of reporting to the Board and if it is transactional.
v. Activities/transactions routinely or not routinely reported to the Board.
f. Review and report on the budget process, including who prepares the budget and
who in the organization has authority to authorize expenditures, including dollar
thresholds.
g. Review and report on the payables process, including who has authorization to
disburse funds and identify check signors and whether the system in place requires
two signatures.
h. Conduct a review using a sample of 10% of expenditures over $1,000 and evaluate
if the expenditure is consistent with the Emergency Services Fiscal Policy
(Attachment No. 6). If the expenditure is questionable, list the expenditure in the
report. Include payee, amount, and purpose of expenditure.
Request for Proposal
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 3
i. Conduct a review using a sample of 5% of expenditures under $1,000 and evaluate
if the expenditure is consistent with the Emergency Services Fiscal Policy
(Attachment No. 6). If the expenditure is questionable, list the expenditure in the
report. Include payee, amount, and purpose of expenditure.
j. Conduct a review of 100% of overnight and/or out of county travel expenditures
and report findings to include the date of expenditure, related dates of travel,
destination, purpose of trip, amounts spent, and number of attendees. The number
of trips for travel is estimated at less than five (5) per company per year.
k. Review and report on, using a current vendor list or list of payee’s, related
parties such as employees, volunteers, and/or board members or their family
members and if they exist as vendors. If there are transactions with a related
party, determine the appropriateness of the payment and report on it.
l. Gain an understanding and document controls surrounding cash on hand and
bank accounts.
i. Report on controls and procedures for cash deposits including timeliness
of deposits, whether or not cash is always deposited or held within the
company or on a person, and procedures for cash expenditures. Include
procedures for cash received during fundraisers.
ii. Report on membership drive revenue recorded in the companies’ ledger and
compare to a donation listing of households and amounts. List the
discrepancy and any identifiable reason for it.
iii. Review and report on bank reconciliation procedures and if they are
performed appropriately and timely.
m. Billing Revenue
i. Determine and report upon the run sheet reconciliation process for all calls.
ii. Determine and report upon a daily, weekly, or monthly, call review to
ensure there is a patient care report for all patient encounters.
iii. Determine and report how patient care reports are processed for billing.
n. Fundraising activities – Report on any volunteer pay found for time spent on
fundraising activities or at those activities.
Reports Related to the special procedures
a. The County will require a report outlining each of the above procedures performed and
the findings thereof. The report should be specific. If sampling occurred, the document
should specify the type and quantity of sampling.
b. Although no specific procedure is required, if through performance of items “a”
through “n”, a discovery is made that indicates waste or fraud, or potential for
substantial savings that should be reported as a separate item.
Request for Proposal
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 4
2. Audit Engagement – Financial Statements - To meet the requirements of this request for
proposals, the audit shall be performed in accordance with auditing standards generally
accepted in the United States of America, as set forth by the American Institute of Certified
Public Accountants.
The County desires the auditor to express an opinion on the fair presentation of each
companies’ financial statements in conformity with generally accepted accounting
principles.
This audit will include examining, on a test basis, evidence supporting the amounts
and disclosures in the financial statements; therefore, the audit will involve judgment
about the number of transactions to be examined and the areas to be tested.
The audit will include obtaining an understanding of the Organization and its
environment, including internal control, enough to assess the risks of material
misstatement of the financial statements and to design the nature, timing, and extent of
further audit procedures. Material misstatements may result from (1) errors, (2)
fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws
or governmental regulations that are attributable to the Organization, or to acts by
management or employees acting on behalf of the Organization.
Reports to be issued for Audit
a. A report on the fair presentation of the financial statements in conformity with
generally accepted accounting principles.
b. A report on compliance and internal control over financial reporting based on an audit
of the financial statements.
C. Documents to be provided:
- Emergency Services Fiscal Policy (Attachment 6)
- Example of executed staffing agreement for each company (Attachment 7)
D. Irregularities and illegal acts. Auditors shall be required to make an immediate, written report
of all irregularities and illegal acts of which they become aware to the Chief Financial Officer.
E. All working papers and reports must be retained, at the auditors’ expense, for a minimum of
three (3) years, unless the firm is notified in writing by the County of the need to extend the
retention period.
Request for Proposal
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 5
II. DESCRIPTION OF COMPANIES
A. The auditor’s principal contact with the individual companies will be the treasurer of each
company or their designee. The company is responsible for providing all necessary financial
statements and work papers.
B. There are 8 individual EMS Companies in Washington County, each of whom utilize a
combination of volunteer (likely less than 10%) and career staff (greater than 90%) in the
provision of Emergency Medical Services. 5 of the 8 EMS companies are of similar size and
make-up, each responding to less than 1000 EMS incidents each year. 2 of the EMS
companies, Williamsport and Halfway, exist within a local fire station and handle between
1500-2000 EMS incidents each year. These 2 companies manage both fire and EMS services
as a single entity within their company respectively. Because of the interoperability of these
functions, each station will be reviewed in whole for the purpose of this RFP, to include both
fire and EMS functions. The 8th and by far largest company is Community Rescue Service
(CRS). CRS employs a significant number of full time (45), part time (35) and administrative
staff (approx. 8) in the provision of emergency medical service delivery. CRS alone represents
approximately 50% or 17,000 EMS incidents each year.
C. CRS being the largest emergency services employer presents challenges beyond the scope of
the 7 other EMS companies. CRS is managed more in line with general corporation
structures, in that it’s corporate Board of Director’s makeup comes from both internal and
external sources. CRS also operates from 3 stations (1 main and 2 sub-stations) in and
around the City of Hagerstown.
D. The volunteer companies are members of the Washington County Volunteer Fire and Rescue
Association (WCVFRA) who represent the independent volunteer corporation’s interest to
County Government. There are 26 member companies with each having 1 vote in general
membership business decisions. The WCVFRA maintains an annual budget that is funded
from the County Gaming Fund (Tip Jar Gaming). The WCVFRA elects its own officers every
2 years and is led by an internal Executive Board.
E. Each EMS Company is incorporated as an independent non-profit and is generally managed
independently of county government. The Division of Emergency Services provides general
oversight and the daily management of the EMS Operational Program which is required under
COMAR Title 30. The corporation’s manage their own operating and capital budgets with
financial support from County Government. Generally, there has been little oversight of these
funds and how they are expended. EMS career staff are employees of the individual
corporation and all cost associated with these individuals are encumbered by the volunteer
corporation.
F. The WCVFRA employs 1 full time and 1 part time staff who provide administrative support
to the WCVFRA. The WCVFRA supports the volunteer corporations through state lobby
efforts, operating standard development and enforcement, Management of the Length of
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Washington County, Maryland
PUR-1447
Page 6
Service Awards Program and various other programs necessary for the delivery of pre-hospital
emergency medical care. The WCVFRA routinely represents the volunteer corporations to the
Washington County Board of County commissioners.
III. COMPANY FINANCIAL STATEMENTS
Company financial statements and 990’s will be provided to the contracted firm for the periods ending
6/30/2018 and 12/31/2018, according to the companies’ year-end. The County makes no warranty as
to the accuracy of either existing information or will the County accept any responsibility for errors
and omissions, which may arise as a result of the auditor having relied upon them.
IV. TIME REQUIREMENTS
Special procedures and audit shall be completed no later than 180 days following contract date. The
County would prefer an earlier completion date and will offer a performance incentive.
V. PERFORMANCE INCENTIVE
Any day prior to the 180 day completion requirement, the contracted firm will be awarded $500 per
day incentive up to 90 days. In order to be eligible for the performance incentive, the entire scope of
work must be completed for all companies.
VI. COMPENSATION TO THE CONSULTANT
A. The Board of County Commissioners of Washington County will determine the final scope of
services to be awarded. Based upon the award, the auditor shall be compensated for his/her
services on a contract lump sum fee basis for one of the below scenarios:
- Attestation only (Attachment No. 1)
- Audit only (Attachment No. 2)
- Attestation and Audit (Attachment No. 1 and Attachment No. 2).
The lump sum fees for both attachments shall include supervision, support, travel, and out-of-
pocket costs necessary to accomplish the related tasks.
B. The auditor shall invoice the Washington County Budget & Finance Department, 100 West
Washington Street, Room 3100, Hagerstown, MD 21740. All invoices shall include a
description of the work effort covered for that period. Failure to include the description of
work with the invoice may result in rejection of the invoice. Payment will be made within
thirty (30) calendar days of receipt of invoices for services satisfactorily rendered and approved
by the County.
VII. SUPPLEMENTAL SERVICES
A. The auditor shall include an hourly rate quotation for each classification o f employee to be
used on any project. The hourly rate shall include all costs such as actual payroll, subsistence,
Request for Proposal
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
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Page 7
travel, profit and incidentals. In the event that supplementary work is requested, the County's
Chief Financial Officer will furnish to the Firm a detailed description of all work to be
performed and will request that the consultant establish a "lump sum" figure for the service.
B. Upon the determination of a mutually agreed upon "lump sum" cost, the auditor shall proceed
with the work and shall invoice the County on a monthly basis for all work satisfactorily
completed during that period. Payment will be made within thirty (30) calendar days of receipt
of an invoice as approved by the County's Chief Financial Officer.
C. If a "lump sum" amount for the supplementary service cannot be agreed upon, the County's
Chief Financial Officer shall have the right to have the work performed by others or shall have
the right to require the Firm to perform the work on a force account basis, applying rates as
submitted in Attachment No. 1.
VIII. INSURANCE REQUIREMENTS
A. The successful firm must show, prior to the execution of the Agreement and as required by the
County during the term of the contract, evidence of appropriate insurance as outlined in the
attached (Attachment No. 2) Insurance Requirements for Independent Contractors policy.
B. Professional Liability - The successful firm must also show evidence of professional liability
insurance coverage in the amount of one million ($1,000,000) dollars, with a minimum
coverage of one million ($1,000,000) dollars per occurrence and one million ($1,000,000)
dollars aggregate and must include coverage for errors, omissions and negligent acts.
C. Certificates of Insurance shall be provided as required at no additional cost to the County.
IX. PERIOD AND ENGAGEMENT TERM
A. The Contract between the County and the successful Proposer shall be for performing the
special procedures or auditing the most recently completed year for each EMS Company and
the WCVFRA for the one-year period ending December 31, 2018 or June 30, 2018. The County
requires completion of the engagement within 180 days of the contract date.
X. PRE-PROPOSAL CONFERENCE
A Pre-Proposal Conference will be held on Monday, September 9, 2019 at 11:00 A.M., (EST) at the
Washington County Administration Complex, Second Floor Conference Room 2001, 100 West
Washington Street, Hagerstown, Maryland. Attendance at this conference is not mandatory but it is
strongly recommended. It is the Proposer’s responsibility to become familiar with all information
necessary to prepare a proposal.
XI. LIQUIDATED DAMAGES
Performance shall be monitored by the County’s Chief Financial Officer. Failure to meet any required
criteria, at any time, shall result in the Proposer being responsible for the liquidated damages outlined
herein. A letter shall be forwarded to the Proposer by certified mail stating the infraction and allowing
the Proposer forty-eight (48) hours to come into compliance. A one-time charge of liquidated damages
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Washington County, Maryland
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in the amount of three hundred ($300.00) dollars shall be assessed on any non-compliance item that
cannot be retroactively corrected. Should the Proposer fail to perform as specified in this RFP, it is
understood that the County will deduct from any outstanding invoice an amount equal to three hundred
($300.00) dollars per calendar day until such time as the proper work is performed in accordance with the
resulting contract. As evidenced by submitting a proposal, it is understood that this is not a penalty, but
is, in fact, a liquidated damage.
XII. PROPOSAL INSTRUCTIONS
A. To be considered to perform the requested services, send one (1) original and five (5) copies
of proposals of Qualifications & Experience/Technical information enclosed in a sealed
opaque envelope marked “Q & E/Technical Proposal - Emergency Services Special
Procedures and Auditing Services”, and one (1) original and five (5) copies of the Price
Proposal enclosed in a separate and sealed opaque envelope marked “Price Proposal -
Auditing Services” to:
Rick F. Curry, CPPO - Director of Purchasing
Washington County Purchasing Department
Washington County Administration Complex
100 West Washington Street, Third Floor, Room 3200
Hagerstown, MD 21740
no later than 4:00 P.M., (EST), Thursday, September 26, 2019. The Price Proposal shall be
opened only if the firm is considered qualified and responsive to this request after detailed
review of the Q & E / Technical Proposal by the Coordinating Committee. Failure to comply
with providing the above-required information for the Committee’s review may result in
disqualification of that firm. Late proposals will be returned unopened if the proposer’s return
address is shown on the envelope.
NOTE: All Proposers must enter the County Administration Complex through either the front door,
100 West Washington Street entrance or through the rear entrance (w/blue canopy roof) which is
handicap accessible, and must use the elevator to access the Purchasing Department to submit their
proposal and/or to attend the Pre-Proposal Conference. Alternate routes are controlled by a door
access system. Washington County Government implemented new security protocols at the
Washington County Administration Complex at 100 West Washington Street, Hagerstown, effective
February 14, 2017. The general public will be subject to w and search and will be required to remove
any unauthorized items from the building prior to entry. Prohibited items include, but are not limited
to: Weapons of any type: firearms, ammunition and explosive devices; cutting instruments of any type
– including knives, scissors, box cutters, work tools, knitting needles or anything with a cutting edge,
etc.; pepper spray, mace or any other chemical defense sprays; and illegal substances.
B. Qualifications & Experience/Technical Proposal
The Q & E/Technical Proposals shall include the professional qualifications and experience of
the firm and its technical understanding work to be performed. (DO NOT INCLUDE ANY
PRICE FIGURES IN THE Q&E / TECHNICAL PROPOSAL.) At a minimum, the
following points must be addressed in the proposal:
Request for Proposal
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 9
Section 1 – Executive Summary
Each proposal in the Qualifications and Experience/Technical section shall be accompanied
by a letter of transmittal which summarizes key points of the proposal and which is signed by
an officer of the Firm who is responsible for committing the Firm’s resources.
Section 2 – Firm Qualifications
1. Legal name and address of Firm and type of legal entity.
2. The address and telephone number of the office(s) which will staff this engagement.
3. The name of the Firm’s representative designated as the audit contact.
4. The size of the Firm, the size of the Firm’s audit staff, the number and nature of the
professional staff to be employed in this engagement on a full-time and part-time basis.
5. The firm shall provide an affirmative statement that it is independent of the EMS
Companies and the Washington County Volunteer Fire & Rescue Association.
6. An affirmative statement shall be included that the firm and all assigned key
professional staff are properly licensed to practice in the State of Maryland.
7. For the Firm’s office that will be assigned responsibility for the AUP or audit, list the
most significant engagements (maximum – 5) performed in the last five (5) years that
are similar to the engagement described in this request for proposal. These
engagements should be ranked on the basis of total staff hours. Indicate the scope of
work, date, engagement partners, total hours, and the name and telephone number of
the principal client contact.
8. List separately all engagements within the last five (5) years, ranked on the basis of
total staff hours, for the County by type of engagement (i.e., audit, management
advisory services, etc.). Indicate the scope of work, date, engagement partners, total
hours, the location of the Firm’s office from which the engagement was performed, and
the name and telephone number of the principal client contact.
9. Provide a description of the commitment to peer review and/or internal quality review
as well as what peer reviews have occurred and the results of the most recent peer
review.
10. Provide a description of additional firm capabilities and/or resources, which could be
utilized by the County.
11. Provide a description of any past and /or pending regulatory enforcement actions or
charges of substandard audit work.
12. Explain the firm’s commitment of availability and adequacy of personnel to accomplish
Request for Proposal
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Washington County, Maryland
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the proposed scope of work in the time required.
Section 3 – Staff Qualifications
The qualifications, experience, and expertise of the key individuals assigned to this project
will have the greatest impact on the selection process, especially the individual that will be
assigned to the day-to-day responsibility of the audits. Please be specific addressing the
following:
1. Identify the principal supervisory and management staff, including engagement
partners, managers, other supervisors and specialists, who would be assigned to the
engagement. Indicate whether each such person is registered or licensed to practice as
a certified public accountant in Maryland.
2. Provide information on attestation and auditing experience of each person, including
information on relevant continuing professional education for the past three (3) years
and membership in professional organizations relevant to the performance of the
special procedures or audit.
3. Provide as much information as possible regarding the number, qualifications,
experience and training, including relevant continuing professional education, of the
specified staff to be assigned to this engagement. Indicate how the quality of staff over
the term of the agreement will be assured.
4. Engagement partners, managers, other supervisory staff and specialists may be changed
if those personnel leave the firm, are promoted or are assigned to another office. These
personnel may also be changed for other reasons with the express prior written
permission of the County. However, in either case, the County retains the right to
approve or reject replacements
Section 4 – References
Please provide references for the Firm, including the names, addresses, and telephone
numbers of at least three (3) clients in which the Firm served through an attestation or
audit engagement. Provide the name, title, and telephone number of a contact person
for each reference. References of Maryland clients are preferred.
C. Price Proposals
At a minimum, the Price Proposal submittal shall include the following:
1. The Proposal Form for the attestation engagement - special procedures (Attachment
No. 1) contained herein and the price proposal form for the Audit engagement
(Attachment No. 2).
2. Provide hourly rates for each classification of employee anticipated to be involved with
the audit. These hourly rates shall be used as the basis for compensation for
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Washington County, Maryland
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supplemental work and shall include the Firm’s total costs for actual payroll, support
supervision, fringe benefits, overhead, travel, expenses, printing, profit and incidentals.
The actual breakdown for these hourly rates is not required.
3. The proposal must be accompanied by a fully executed affidavit (Attachment No. 4)
executed by the Firm, or in case the Firm is a corporation, by a duly authorized
representative of said corporation, on the form provided.
4. Include conclusions, remarks and/or supplemental information pertinent to this request.
XIII. TERMS AND CONDITIONS
A. The County reserves the right to reject any or all proposals or to award the contract to the next
recommended firm if the successful firm does not execute a contract within fifteen (15)
calendar days after notice of award of the contract.
B. The County reserves the right to request clarification of information submitted and to request
additional information of any or all Proposers.
C. Any proposal may be withdrawn up until the date and time set forth below for the opening of
the proposals. Any proposal not so withdrawn shall constitute an irrevocable offer, for a period
of ninety (90) calendar days, to sell to the County the services set forth above in the Nature of
Services Required.
D. The selected Firm will be required to enter into a contract agreement with the County, a sample
of which is attached hereto as Attachment No. 5.
E. Any agreement or contract resulting from the acceptance of a proposal shall be on forms
approved by the County and shall contain, at a minimum, applicable provisions of the request
for proposal. The County reserves the right to reject any agreement that does not conform to
the request for proposal and any County requirements for agreements and contracts.
F. The Firm shall not assign any interest in the contract and shall not transfer any interest in the
same without prior written consent of the County’s Chief Financial Officer.
G. No reports, information or data given to or prepared by the auditor under the contract shall be
made available to any individual or organization by the auditor without the prior written
approval of the Washington County Chief Financial Officer.
H. Firms shall give specific attention to the identification of those portions of their proposals that
they deem to be confidential, proprietary information or trade secrets and provide any
justification why such materials, upon request, should not be disclosed by the County under
the Access to Public Records Act, State Government Article, Title 10, Subtitle 6, Annotated
Code of Maryland.
I. The County reserves the right to not hold discussions after award of the contract.
J. By submitting a proposal, the Firm agrees that it is satisfied, as a result of its own investigations
Request for Proposal
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Washington County, Maryland
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of the conditions set forth in this request, and that it fully understands its obligations.
K. Effective October 1, 1993, in compliance with Section 1-106(b)(3) of the Code of the Public
Local Laws of Washington County, Maryland, "If a bidder has not paid all taxes owed to the
County or a municipal corporation in the County, the County Commissioners may reject the
bidder’s bid."
L. The Firm shall abide by and comply with the true intent of this RFP and its Scope of Work and
not take advantage of any unintentional error or omission, but shall fully complete every part
as the true intent and meaning of the scope of services, as decided by the County, and as
described herein.
M. All work shall be done in accordance with Washington County standards and those of any
State or Federal agencies having jurisdiction.
N. Political Contribution Disclosure: The Proposer shall comply with Article 33, Sections 14-
101 through 14-104 of the Annotated Code of Maryland, which requires that every person that
enters into contracts, leases, or other agreements with the State, a county, or any incorporated
municipality, or their agencies during a calendar year in which the person receives in the
aggregate $100,000 or more, shall file with the State Administrative Board of Election Laws a
statement disclosing contributions in excess of $500 made during the reporting period to a
candidate for elective office in any primary or general election. The statement shall be filed
with the State Administrative Board of Election Laws: (1) before a purchase or execution of
a lease or contract by the State, a county, an incorporated municipality or their agencies, and
shall cover the preceding two (2) calendar years; and (2) if the contribution is made after the
execution of a lease or contract, then twice a year, throughout the contract term, on: (a)
February 5, to cover the 6-month period ending January 31; and (b) August 5, to cover the 6-
month period ending July 31.
O. Proposals must give the full name and address of Proposer, and the person signing the proposal
should indicate his/her title and/or authority to bind the firm in a contract.
P. Proposals cannot be altered or amended after they are opened.
XIV. SELECTION PROCESS
A. This solicitation is issued pursuant to the implementation of Section 5 of the Washington
County Procurement Policy Manual relative to Requests for Proposals (RFP) -
Professional/Technical Services Selection that can be viewed at: https://www.washco-
md.net/wp-content/uploads/2017/07/ProcurementPolicy.pdf and no proposal preparation
expense will be paid by the County relative to any response to this solicitation.
B. The Washington County Coordinating Committee will evaluate the proposals. The
Coordinating Committee shall be comprised of the County Administrator or appointee, County
Chief Financial Officer (Committee Chairperson), County Director of Budget & Finance,
County Director of Purchasing, and County Director of Emergency Services. The
Coordinating Committee, based on responses to this request and on past performance, shall
determine the approval or disapproval of Firms. No assumptions should be made on the part
Request for Proposal
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Washington County, Maryland
PUR-1447
Page 13
of the consultant as to the Coordinating Committee’s prior knowledge of the consultant’s
abilities. Failure to provide the required information will result in disqualification of that firm.
C. It is the County’s intent to open and review each Firm’s Q & E/Technical Proposal. If the
Coordinating Committee determines a Firm’s proposal to be satisfactory, the separate envelope
containing the firm’s Price Proposal will then be opened.
If a Firm is determined to be unsatisfactory by the Coordinating Committee based on the Q &
E/Technical Proposal then the Cost Proposal will not be opened and it will be returned
unopened to the Proposer.
D. Since it is the County’s desire to select the most qualified Firm, the Coordinating Committee
reserves the right to schedule oral presentations of those Firms it deems most qualified, to take
place within ten (10) business days following notification.
E. Selection criteria to be used by the Coordinating Committee are:
1. Responsiveness to the scope of work and instructions to the Firms;
2. Past performance of the Firms, including timely completion of projects, compliance
with scope of work performed within budgetary limitations, and customer satisfaction;
3. Specialized experience and technical competence in relevant work in the past five (5)
years;
4. Oral presentations, if required;
5. Composition of the principals and staff assigned to the contract and their qualifications
and experience;
6. Adequacy of the personnel of the Firm to accomplish the proposed scope of work in
the required time;
7. The Firm’s capacity to perform the work giving consideration to current workloads;
8. Geographic location in relationship to Washington County, Maryland;
9. The Firm’s familiarity with problems associated with this type of work;
10. References from previous clients, including size and scope of work, name and
telephone number of contact person; and
11. Price Proposal
XV. PROPOSAL AND AWARD SCHEDULE
A. Proposals received prior to the deadline will be treated as confidential. Proposals received
Request for Proposal
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 14
after the deadline will not be considered in the evaluation process and will be returned
unopened.
B. It is expected that the contract award will be made within ninety (90) calendar days after receipt
of proposals.
XVI. AWARD
Award shall be made to the Contractor with the responsible, responsive lowest total lump sum for each
Option, which shall be used as the basis for evaluation of Request for Proposals (RFP) for either Option
No. 1 (Attestation – Special Procedures) and/or Option No. 2 (Auditing – Financial Statement). The
intent is to award a contract to the lowest responsive, responsible Proposer whose proposal, conforms
to this request, will be the most advantageous to the County to perform the scope determined by the
Board of County Commissioners (BOCC).
XVII. INTERPRETATIONS, DISCREPANCIES AND OMISSIONS
It is the Proposer’s responsibility to become familiar with all information necessary to prepare a
proposal. Any Proposer who finds discrepancies in, or omissions from the documents or be is in doubt
as to their meaning, should at once request in writing an interpretation from Rick F. Curry, CPPO,
Director of Purchasing, Washington County Purchasing Department, Washington County
Administration Complex, 100 West Washington Street, Third Floor, Room 3200, Hagerstown,
Maryland 21740, fax 240-313-2331; or send questions in Microsoft Word platform via-email to
purchasingquestions@washco-md.net
Requests received after 4:00 P.M., Monday, September 16, 2019 may not be considered. Every
interpretation made by the County will be made in the form of an addendum that, if issued, will be
sent by the Director of Purchasing to all interested parties, and such addenda shall become part of the
contract documents.
XVIII. RESERVATIONS
A. The Coordinating Committee reserves the right to request additional information about any
Proposer as it may reasonably require.
C. The Coordinating Committee reserves the right to request interviews.
D. The Board of County Commissioners of Washington County also reserves the right to reject
the proposal of a Firm who has previously failed to perform properly or complete on time
contracts of a similar nature or a proposal of a Firm which investigation shows is not in a
position to perform the contract.
Washington County shall make positive efforts to utilize Disadvantaged Business Enterprises for its
supplies and services and shall allow these sources the maximum feasible opportunity to compete for
contracts. The County Commissioners of Washington County do not discriminate on the basis of race, color,
national origin, sex, religion, age or disability in employment or the provision of services.
Request for Proposal
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 15
The Board of County Commissioners of Washington County, Maryland reserves the right to accept or reject
any and/or all proposals and to waive formalities, informalities, and technicalities therein. The Board
reserves the right to contact a Bidder for clarifications and may, at its sole discretion, allow a Bidder to
correct any and all formalities, informalities and technicalities in the best interest of Washington County. If
you have any questions concerning this request, inquiries should be directed to Rick Curry, CPPO - Director
of Purchasing, at 240-313-2330.
Sincerely,
Rick F. Curry, CPPO
Director of Purchasing
WASHINGTON COUNTY
COORDINATING COMMITTEE
RFC/ljt
Attachments (7)
cc: Coordinating Committee Members
ATTACHMENT NO. 1
Form of Proposal – Attachment No. 1
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447 _______________________________________
Page 17 Firm Name
PUR 1447
EMERGENCY SERVICES SPECIAL PROCEDURES AND AUDITING SERVICES
FORM OF PROPOSAL
The Firm Of: ________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Hereby agrees to provide the requested services as defined in the proposal, attachments thereto, and
Addenda No. , Dated ; No. , Dated ; No. , Dated _________
at the following lump sum contract prices for special procedures. (NOTE: If an error is made in addition
calculations, the unit price costs shall prevail.)
ATTESTATION - SPECIAL PROCEDURES
Item
No.
Description /
Written Price
Price
(Figures)
WC Volunteer Fire & Rescue Association; Year ending 06/30/2018
1.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Williamsport Volunteer Fire & EMS Company Co. 2; Year ending 6/30/2018
2.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Sharpsburg EMS Company Co. 19; Year ending 06/30/2018
3.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Form of Proposal – Attachment No.1
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447 _________________________________
Page 18 Firm Name
Item
No.
Description /
Written Price
Price
(Figures)
Volunteer Fire & EMS of Halfway Co. 26; Year ending 06/30/2018
4.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Clear Spring Ambulance Club Co. 49; Year ending 12/31/2018
5.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Hancock Rescue Squad Co. 59; Year ending 12/31/2018
6.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Boonsboro Ambulance and Rescue Company Co. 69; Year ending 06/30/2018
7.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Community Rescue Service Company Co. 75; Year ending 06/30/2018
8.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Form of Proposal – Attachment No.1
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447 _________________________________
Page 19 Firm Name
Schedule of Professional Fees for Supplemental Services, if required by Washington County, Maryland:
Hourly Rates
Partners $____________________
Managers $____________________
Supervisory Staff $____________________
Staff $____________________
Other (Specify) $____________________
Item
No.
Description /
Written Price
Price
(Figures)
Smithsburg Emergency Medical Services, Inc Co. 79; Year ending 6/30/2018
9.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
TOTAL SUM
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
ATTACHMENT NO. 2
Form of Proposal – Attachment No. 2
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447 _______________________________________
Page 17 Firm Name
PUR 1447
EMERGENCY SERVICES SPECIAL PROCEDURES AND AUDITING SERVICES
FORM OF PROPOSAL
The Firm Of: ________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Hereby agrees to provide the requested services as defined in the proposal, attachments thereto, and
Addenda No. , Dated ; No. , Dated ; No. , Dated _________
at the following lump sum contract prices for special procedures. (NOTE: If an error is made in addition
calculations, the unit price costs shall prevail.)
AUDITING - FINANCIAL STATEMENT
Item
No.
Description /
Written Price
Price
(Figures)
WC Volunteer Fire & Rescue Association; Year ending 06/30/2018
1.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Williamsport Volunteer Fire & EMS Company Co. 2; Year ending 6/30/2018
2.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Sharpsburg EMS Company Co. 19; Year ending 06/30/2018
3.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Form of Proposal – Attachment No.2
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447 _________________________________
Page 18 Firm Name
Item
No.
Description /
Written Price
Price
(Figures)
Volunteer Fire & EMS of Halfway Co. 26; Year ending 06/30/2018
4.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Clear Spring Ambulance Club Co. 49; Year ending 12/31/2018
5.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Hancock Rescue Squad Co. 59; Year ending 12/31/2018
6.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Boonsboro Ambulance and Rescue Company Co. 69; Year ending 06/30/2018
7.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Smithsburg Emergency Medical Services, Inc Co. 79; Year ending 6/30/2018
8.
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Form of Proposal – Attachment No.2
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447 _________________________________
Page 19 Firm Name
Schedule of Professional Fees for Supplemental Services, if required by Washington County, Maryland:
Hourly Rates
Partners $____________________
Managers $____________________
Supervisory Staff $____________________
Staff $____________________
Other (Specify) $____________________
Item
No.
Description /
Written Price
Price
(Figures)
TOTAL SUM
____________________________________
(Dollars)
____________________________________
(Cents)
$__________________________________
(Figures)
Proposal Form – Attachment No. 2
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 20
PROPOSER MUST SIGN HERE
By signing here, the firm does hereby attest that they have read fully the instructions, conditions and
general provisions and understands them.
Firm Name: _________________________________________________________________________
Address:___________________________________________________________________________
___________________________________________________________________________
Authorized Signature: ________________________________________________________________
Name & Title Printed: _________________________________________________________________
Telephone No.:___________________________ Fax No.: __________________________________
E-mail Address: ______________________________________________________________________
Date: __________________________
Federal Employer’s Identification Number: _______________________________
EXCEPTIONS _____________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(If no exceptions are being taken, state NONE)
ATTACHMENT NO. 3
Insurance Requirements for Independent Contractors – Attachment No. 3
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 21
POLICY TITLE: Insurance Requirements for
Independent Contractors
ADOPTION DATE: August 29, 1989
EFFECTIVE DATE: September 1, 1989
FILING INSTRUCTIONS:
I. PURPOSE
To protect Washington County against liability, loss or expense due to damaged property, injury to or
death of any person or persons and for care and loss of services arising in any way, out of, or in
connection with or resulting from the work or service performed on behalf of Washington County.
II. ACTION
The following should be inserted in all Independent Contractor Contracts:
"The Contractor shall procure and maintain at his sole expense and until final acceptance of the work
by the County, insurance as hereinafter enumerated in policies written by insurance companies
admitted in the State of Maryland, have A.M. Best rating of A- or better or its equivalent, and
acceptable to the County."
1. Workers Compensation: The Contractor agrees to comply with Workers Compensation laws
of the State of Maryland and to maintain a Workers Compensation and Employer s Liability
Policy.
Minimum Limits Required:
Workers Compensation - Statutory
Employers Liability - $100,000 (Each Accident)
$500,000 (Disease - Policy Limit)
$100,000 (Disease - Each Employee)
2. Comprehensive General Liability Insurance: The Contractor shall provide Comprehensive
General Liability including Products and Completed Operations.
Minimum Limits Required:
$1,000,000 combined single limit for Bodily Injury and Property Damage.
Such insurance shall protect the County, its agents, elected and appointed officials, commission
members and employees, and name Washington County on the policy as additional insured
against liability, loss or expense due to damaged property (including loss of use), injury to or
death of any person or persons and for care and loss of services arising in any way, out of, or
in connection with or resulting from the work of service performed on behalf of Washington
County.
Insurance Requirements for Independent Contractors – Attachment No. 3
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 22
2. Comprehensive General Liability Insurance (continued)
The Contractor is ultimately responsible that Subcontractors, if subcontracting is authorized,
procure and maintain at their sole expense and until final acceptance of the work by the County,
insurance as hereinafter enumerated in policies written by insurance companies admitted in the
State of Maryland, have A.M. Best rating of A- or better or its equivalent, and acceptable to
the County.
3. Business Automobile Liability: The Contractor shall provide Business Auto Liability
including coverage for all leased, owned, non-owned and hired vehicles.
Minimum Limits Required:
$1,000,000 combined single limit for Bodily Injury or Property Damage.
Certificate(s) of Insurance: The Contractor shall provide certificates of insurance requiring a 30 day notice
of cancellation to the Insurance Department, Board of County Commissioners of Washington County prior to
the start of the applicable project.
Approval of the insurance by the County shall not in any way relieve or decrease the liability of the Contractor.
It is expressly understood that the County does not in any way represent that the specified limits of liability or
coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor.
All responsibility for payment of any sums resulting from any deductib le provisions, corridor, or self-insured
retention conditions of the policy or policies shall remain with the Contractor.
General Indemnity: The Contractor shall indemnify, defend and save harmless the Board of County
Commissioners of Washington County, its appointed or elected officials, commission members, employees
and agents for any and all suits, legal actions, administrative proceedings, claims, demands, damages,
liabilities, interest, attorney’s fees, costs and expenses of whatsoever kind of nature, whether arising before or
after final acceptance and in any manner directly or indirectly caused, occasioned or contributed to in whole
or in part by reason of any act, error or omission, fault or negligence whether active or passive by the
Contractor, or any one acting under its direction, control or on its behalf in connection with or incident to its
performance of the Contract.
Revision Date: August 27, 1991
Effective Date: August 27, 1991
Revision Date: March 4, 1997
Effective Date: March 4, 1997
ATTACHMENT NO. 4
Affidavit – Attachment No. 4
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 23
WASHINGTON COUNTY, MARYLAND
PURCHASING DEPARTMENT
AFFIDAVIT
(Must be completed, signed, and submitted with the bid.)
Contractor
Address
Telephone Bid Number (PUR-1447)
I, , the undersigned, of the above named
(Print Signer's Name) (Print Office Held)
Contractor does declare and affirm this day of , , that I hold the aforementioned office in the above
(Month) (Year)
named Contractor and I affirm the following:
AFFIDAVIT I
The Contractor, his Agent, servants and/or employees, have not in any way colluded with anyone for and on behalf of the Contr actor or
themselves, to obtain information that would give the Contracto r an unfair advantage over others, nor have they colluded with anyone for
and on behalf of the Contractor, or themselves, to gain any favoritism in the award of the contract herein.
AFFIDAVIT II
No officer or employee of Washington County, whether elected or appointed, has in any manner whatsoever, any interest in or has received
prior hereto or will receive subsequent hereto any benefit, monetary or material, or consideration from the profits or emoluments of this
contract, job, work or service for the County, and that no officer or employee has accepted or received or will receive in the future a service
or thing of value, directly or indirectly, upon more favorable terms than those granted to the public generally, nor has any such officer or
employee of the County received or will receive, directly or indirectly, any part of any fee, commission or other compensation paid or payable
to the County in connection with this contract, job, work, or service for the County, excepting, however, the receipt of div idends on
corporation stock.
AFFIDAVIT III
Neither I, nor the Contractor, nor any officer, director, or partners, or any of its employees who are directly involved in o btaining contracts
with Washington County have been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the
federal government or has engaged in conduct since July 1, 1977, which would constitute bribery, attempted bribery, or conspi racy to bribe
under the laws of any state or the federal govern ment.
AFFIDAVIT IV
Neither I, nor the Contractor, nor any of our agents, partners, or employees who are directly involved in obtaining contracts with Washington
County have been convicted within the past twelve (12) months of discrimination against any employee or applicant for employment, nor
have we engaged in unlawful employment practices as set forth in Section 16 of Article 49B of the Annotated Code of Maryland or, of
Sections 703 and 704 of Title VII of the Civil Rights Act of 1964.
I do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing affidavits are true and correct to the best of
my knowledge, information and belief.
DATE SIGNATURE
______________________________________
COMPANY NAME PRINTED PRINTED NAME
PUR-1447
Rev. 2/29/08 TITLE
ATTACHMENT NO. 5
Contract for Emergency Services Special Procedures and Auditing Services – Attachment No. 5
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 24
CONTRACT FOR EMERGENCY SERVICES SPECIAL PROCEDURES AND AUDITING
SERVICES
This Contract for Emergency Services Special Procedures and Auditing Services (the
“Contract”) is made this _________ day of _____________, 2019, by and between the BOARD
OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND, 100 West
Washington Street, Hagerstown, Maryland, a body corporate and politic and a political
subdivision of the State of Maryland (the “County”) and
__________________________________________________________________ (the “Auditor”).
RECITALS
Auditor is a Maryland limited liability company comprised of certified public
accountants and has been retained by the County in accordance with the Request for Proposals
Regarding Qualifications & Experience/Technical Proposals and Price Proposals Emergency
Services Special Procedures and Auditing Services (PUR-1447) dated __________ , 2019 and any
and all addenda thereto (the “RFP”), as auditor performing agreed upon procedures (AUP) or
audit of the financial statements of selected EMS companies or the WCVFRA for the most
recently completed established annual year.
The County hereby accepts the proposal dated ____________, 2019, submitted by Auditor
to the Washington County Coordinating Committee (the “Proposal”), subject to the provisions
and conditions herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed
by and between the parties as follows:
1. NATURE OF WORK. Auditor will perform Agreed Upon Procedures and an
audit of the financial statements of the selected EMS companies and WCVFRA in accordance
with the terms and provisions of the RFP and the Proposal, the contents of which (the RFP and
the Proposal) are incorporated herein by reference and made a part hereof, except as specifically
modified herein. Should the RFP differ in any respect from the Proposal, the provisions of the
RFP shall govern. In the event of conflict in the provisions of the Proposal and this Contract, the
provisions of this Contract will govern. The AUP shall be performed in accordance with
Attestation standards, as set forth by the American Institute of Certified Public Accountants.
The audit shall be made in accordance with generally accepted audit standards and shall include
tests of the accounting records and procedures sufficient to express an informed opinion of the
companies’ financial statements. At the conclusion of the engagement, the auditor will furnish
required reports. For the attestation engagement, the County will require a report outlining
each of the AUP performed and the findings thereof. The report should be specific. If sampling
occurred, the document should specify the type and quantity of sampling. For the audit
engagement, a report will be required on the fair presentation of the financial statements in
Contract for Emergency Services Special Procedures and Auditing Services – Attachment No. 5
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 25
conformity with generally accepted accounting principals. Also, a report shall be furnished on
compliance and internal control over financial reporting based on an audit of the financial
statements.
The County shall have sole discretion to determine the need for the continued
provision of the services specified in this Contract. The Auditor shall not perform services for
which the cost would exceed the dollar authorization set forth in this C ontract. If, at any time,
and in its sole and absolute discretion, the County determines that the services provided under
and pursuant to this Contract by any of the Auditor's employees are not satisfactory, it shall so
notify Auditor in writing and Auditor shall immediately withdraw such individual and, at the
County's option, furnish an individual who meets the qualifications required.
2. TERM. The Auditor shall perform the agreed upon procedures and an audit of
the financial statements of the Companies for the most recently completed annual year of stated
companies, whether it be 12/31/2018 or 06/30/2018.
3. TIME DEVOTED TO WORK AND LIQUIDATED DAMAGES. In the
performance of the services and the hours Auditor is to work on any given day shall be entirely
within the Auditor's control and the County shall rely upon the Auditor to put in such number
of hours as may reasonably be necessary to fulfill the spirit and purpose of this Contract. Auditor
shall complete the services to be performed under this Contract in accordance with the schedule
set forth in the RFP, subject to the availability of the records that are the basis of the audit. If the
Auditor fails to meet any required term, criteria, provision or condition of this Contract, the
County shall provide written notice to the Auditor by certified mail stating the failure/infraction
and allowing the Auditor forty-eight (48) hours to come into full compliance. Moreover, failure
of the Auditor to meet any required term, criteria, provision or condition of this Contract during
the term of this Contract or any renewal thereof, shall result in the Auditor being responsible
for liquidated damages as specifically provided for below. A one-time charge of Three Hundred
($300.00) Dollars shall be assessed against the Auditor for any non-compliance item that cannot
be retroactively corrected. Should the Auditor fail to perform as specified in this Contract, it is
understood and agreed that the County shall deduct from any outstanding invoice an amount
equal to Three Hundred ($300.00) Dollars per calendar day as liquidated damages, until such
time as the proper work is performed in accordance with this Contract. The parties agree and
acknowledge that the potential liquidated damages as outlined herein are not a penalty but are,
in fact, liquidated damages.
4. PAYMENT.
a. The Auditor shall be compensated for its services on a contract lump sum
basis.
Contract for Emergency Services Special Procedures and Auditing Services – Attachment No. 5
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 26
b.
The fee for extra or supplemental work as specified in Paragraph VII of the RFP
shall be based upon the following hourly rates:
Partners $
Managers $
Supervisory Staff $
Staff $
5. AUDITOR'S EMPLOYEES. In the event employees of Auditor also perform
services for the County under and pursuant to this Contract, they shall be bound by the
provisions of this Contract and Auditor shall, at the request of the County, furnish to the County
satisfactory evidence to that effect, and that such employees are in fact employees of Auditor
only and that all taxes required to be withheld or paid on behalf of such employees have been
paid or provided for by Auditor and that all required policies of workers’ compensation are in
place.
6. CONFIDENTIALITY. Auditor agrees that all knowledge and information that
Auditor may receive from the County or from companies and all information provided by
Auditor to the County and reports of work done, together with any other information acquired
by or as a direct result of the services provided by the Auditor as contemplated herein, shall for
all time, and for all purposes be regarded by Auditor as strictly confidential and held by Auditor
in confidence, and solely for the County's benefit and use, and shall not be used by Auditor or
directly or indirectly disclosed by Auditor to any person whatsoever, except to the County or
with the County's prior written consent, approval and permission.
7. AUDITOR’S REPRESENTATIONS. Auditor represents and warrants that
Auditor and Auditor's employees have the right to perform the services required under and
AGREED UPON PROCEDURES AND AUDITS
AUP Audit
1. Washington County Volunteer Fire & Rescue Association
2. Williamsport Volunteer Fire & EMS Company
3. Sharpsburg Area EMS Company
4. Volunteer Fire Company of Halfway
5. Clear Spring Ambulance Club
6. Hancock Rescue Squad
7. Boonsboro Ambulance & Rescue Company
8. Community Rescue Service Company N/A
9. Smithsburg Emergency Medical Services
TOTAL
Contract for Emergency Services Special Procedures and Auditing Services – Attachment No. 5
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 27
pursuant to this Contract without violation of obligations to others, and the Auditor and its
employees have the right to disclose to the County all information transmitted to the Auditor in
the performance of services under and pursuant to this Contract, and Auditor agrees that any
information submitted to the County may be utilized fully and freely by the County.
8. TERMS TO BE EXCLUSIVE.
a. The entire contract between the parties with respect to the subject matter
hereunder is contained in this Contract and it supersedes all prior oral or written agreements
and representations between the parties.
b. Except as herein expressly provided to the contrary, the provisions of this
Contract are solely for the benefit of the parties hereto and not for the benefit of any other person,
persons or legal entities.
9. ASSIGNMENT. The rights and obligations of Auditor under this Contract are
personal and specific to Auditor and may not be assigned or transferred to any other person,
firm, or corporation without the prior, express, written consent of the County.
10. MODIFICATION OR WAIVER OF CONTRACT. Any modification or waiver of
this Contract or additional obligation assumed by either party in connection with this Contract
shall be binding only if evidenced in a writing signed by each party or an authorized
representative of each party.
11. NOTICES. Any notice provided for or concerning this Contract shall be in writing
and be deemed sufficiently given when sent by certified mail, return receipt requested, if sent
to the respective address of each party as set forth at the beginning of this Contract.
12. SUCCESSORS BOUND. This Contract shall inure to the benefit of, and shall be
binding upon each of the parties hereto and their respective successors and permitted assigns.
13. NONDISCRIMINATION. No discrimination because of race, color, national
origin, ancestry, or religion shall be made in the employment of persons to perform services
under this Contract. Auditor agrees to meet all federal, State and County requirements
pertaining to nondiscrimination in employment.
14. INTEREST OF AUDITOR. Auditor covenants that neither it nor any of its
members presently has any interest, nor shall Auditor or any of its members acquire any interest,
direct or indirect, financial or otherwise, that would conflict in any manner or degree with
performance of services hereunder. Auditor certifies that no one who has or will have any
financial interest under this Contract is an officer or employee of the County.
Contract for Emergency Services Special Procedures and Auditing Services – Attachment No. 5
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
Page 28
15. SEVERABILITY. If any provision hereof is invalid and unenforceable in any
jurisdiction, then, to the fullest extent permitted by law, (a) the other pro visions hereof shall
remain in full force and effect in such jurisdiction and shall be liberally construed in order to
carry out the intentions of the parties hereto as nearly as may be possible, (b) the invalidity or
unenforceability of any provision hereof in any jurisdiction shall not affect the validity or
enforceability of such provision in any other jurisdiction, and (c) the parties hereto shall
endeavor in good faith negotiations to replace the invalid or unenforceable provisions with valid
and enforceable provisions, the economic effect of which comes as close as possible to that of
the invalid or unenforceable provisions.
16. GOVERNING LAW. It is agreed that this Contract shall be governed by,
construed, and enforced in accordance with the laws of the State of Maryland.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
___________________________ BY:___________________________________
Krista Hart, County Clerk Jeff Cline, President
ATTEST: _______________________________________
___________________________ BY:____________________________________
Recommended for approval:
___________________________
Director
Budget & Finance
Approved for legal sufficiency:
___________________________
Kirk Downey
County Attorney
Contract for Emergency Services Special Procedures and Auditing Services – Attachment No. 6
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
ATTACHMENT NO. 6
Washington County,
Maryland
Emergency Services Fiscal Policy
Washington County, Maryland
Emergency Services Financial Policy
Table of Contents
Purpose 1
Scope 1
Appropriation of Funds 1
Payment of Appropriation 1
Spending Guidelines for County funds 2
Fiscal Reporting Requirements 2
Compliance Review of Financial Reports 4
Length of Service Awards Program and Emergency Service Staffing
Agreement financial reporting requirements 4
Recordkeeping Requirements 5
Audit Requirements 5
Appeal Process 6
Questions 6
Forms and Filing Questions 7
Definitions 8
Appendix A – Certification Statement 9
Appendix B – Extension Request Form 10
Washington
County,
Maryland
Washington County, Maryland
Emergency Services Financial Policy
1
Purpose
The primary purpose of this policy is to provide guidance on County allocation of funds
to Emergency Service Companies (Companies). The policy is to provide reasonable
assurance that County funds are accounted for in a clear and transparent manner, are
used for appropriate emergency services expenditures, and that services are provided in
accordance with adopted policies and procedures in order to receive allocations from
the County. The policy also defines what County funds can be used for, timing of
payments, and fiscal reporting requirements.
Scope
This policy applies to all County allocations defined as any subsidies, reimbursements,
distributions, grants (direct or pass-though) or incentives. The policy does not apply to
other revenues sources independent of the County.
The Washington County Volunteer Fire and Rescue Association (Association) shall at a
minimum comply with the fiscal reporting requirement section of this policy and be in
compliance with the entire policy if receiving County allocations.
This policy does not supersede Gaming revenues which are governed under separate
rules, regulations and reporting.
Appropriation of Funds
The amount of funds available for each Emergency Service Company shall be
determined and appropriated by the County Commissioners in conjunction with the
annual budget process.
Any request for change in the general operational, utility, or other allocation shall be
submitted to the Director of Emergency Services and in accordance with emergency
services plans adopted and implemented.
Payment of Appropriation
The County will disburse funding in four equal installments during the fiscal year
providing all required County financial reports and documents have been received in a
timely manner and prepared in good order.
The four installments will be scheduled for payment by July 1st, October 1st, January 1st,
and April 1st.
Washington
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Washington County, Maryland
Emergency Services Financial Policy
2
Spending Guidelines for County Funds
Allowable expenditures of County Emergency Services funds:
▪ Emergency service vehicles and equipment:
▪ Acquisition costs associated with and including debt service (principal
and interest)
▪ Operational expense associated with repairs, maintenance, and fuel.
▪ Personnel expenses including payroll and benefit costs
▪ Personal protective clothing and equipment
▪ Training costs related to emergency services
▪ Facility, operation and maintenance
▪ Only expenditures associated with facilities whose primary use is to
house apparatus, provide training, or conduct department meetings are
allowable, all other facility costs must be supported by non-county
revenues
▪ Insurance
▪ Includes coverage for service vehicles and equipment, primary facilities,
general liability, bond insurance, board insurance, etc.
▪ Public emergency services education
▪ General Administrative costs related to emergency service delivery including
but not limited to:
▪ Accounting costs
▪ Bank fees
▪ Office supplies
▪ Postage
▪ Copier and telephone
▪ Other expenditures incurred in providing core emergency service functions as
defined in the definitions section
Disallowed expenditures of County Emergency Services funds:
▪ Fund raising or social activities
▪ Charitable donations
▪ To reimburse for in-kind services
▪ For any expense that is not conducive to providing public Emergency Services
Fiscal Reporting Requirements
All Companies and the Association shall have completed any annual fiscal reporting
requirements with the Office of Budget and Finance as a condition to receiving any form
of financial assistance, direct distributions and or coverage of expenses.
Washington
County,
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Washington County, Maryland
Emergency Services Financial Policy
3
Annual Financial Reporting Requirements
Annual financial reporting shall consist of the following:
▪ Financial Statements in the highest to lowest order of availability. Financial
Statements shall consist of a balance sheet and income statement, as a
minimum.
▪ Audited Financial Statements or;
▪ Reviewed Financial Statements or;
▪ Compiled Financial Statements or;
▪ Company prepared financial statement
▪ Auditor letters regarding significant findings, if presented
▪ Form 990 and supporting documentation
▪ Certification Statement (Appendix A)
▪ Total annual operating budget (Association only)
The annual financial packet will be considered not filed if any form is missing or
substantially incomplete. For the purposes of the policy, financial information filed
under this policy is considered proprietary information.
Annual Filing Requirements
Volunteer Emergency Companies:
▪ The reports are due no later than six months after the company’s year end.
▪ The report must be complete and accurate.
▪ The financial statements and Form 990 shall agree. If they do not, a
reconciling statement shall be provided.
▪ If information is not available by the six month period, an extension form
can be filed and approved by the Office of Budget and Finance. (Appendix B)
▪ If an extension is filed and approved fifty percent of the remaining
allocations will be withheld until the annual financial reports are
filed and approved by the Office of Budget and Finance. Once the
completed report is filed the withheld funds will be disbursed with
the County’s next scheduled payment cycle.
▪ If no financial reporting is made by the six month due date and no
extension request is made by the company, all public funds will be
withheld.
Failure to file annual financial documents, receive appropriate extensions within nine
months of a company’s year-end, or provide services in accordance with County
adopted policies and procedures will result in forfeiture of all public funds withheld
during that period. The funds may then be redistributed or withheld by the Board of
County Commissioners, as they deem appropriate.
Washington
County,
Maryland
Washington County, Maryland
Emergency Services Financial Policy
4
Washington County Volunteer Fire and Rescue Association:
▪ The Financial Statements and IRS form 990 are due no later than six months
after the Association’s year end.
▪ The report must be complete and accurate.
▪ The financial statements and IRS form 990 shall agree. If they do not, a
reconciling statement shall be provided.
▪ The Association’s total corporate annual budget and the Association’s
County budget requests, if any, are due January 31st of each year.
▪ If information is not filed by the due dates stated above, the County will
withhold the Gaming distributions until the reports are filed with the Office
of Budget and Finance. Once the completed report is filed , the withheld
funds will be disbursed with the County’s next scheduled payment cycle.
▪ The County Commissioners shall accept or reject the Association’s total
annual budget by a majority vote as documented in the minutes.
▪ The Association shall provide the County a copy of the Association minutes
showing majority approval of the total corporate annual budget filed with
the County.
The Office of Budget and Finance will send notification to the Companies and the
Association acknowledging receipt of financial reports and or extensions. It will be the
Emergency Service Company’s and Association’s responsibility to notify the Office of
Budget and Finance of any change in personnel and or address for notification purposes.
Reporting and format requirements will be determined by the Office of Budget and
Finance. The Director of Budget and Finance shall have the authority to make minor
changes to the policy for administrative clarification or easier interpretation of the
policy, providing policy intent is not affected by the change.
Compliance Review of Financial Reports
The Office of Budget and Finance will perform a compliance review of the fiscal reports
submitted. Any questions during the review will be discussed and or resolved with the
individual company and or Association. The Office of Budget and Finance will work to
resolve any questions quickly.
Length of Service Awards Program (LOSAP) and Emergency Medical Service Staffing
Agreement Reporting Requirements
The Company shall disclose all required information and documentation under the
LOSAP plan and the Emergency Service Staffing Agreement, and any other related
Washington
County,
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Washington County, Maryland
Emergency Services Financial Policy
5
agreements. The Annual Reporting Requirements apply as a condition to receive and or
fund LOSAP and Emergency Service Staffing programs. The information must be
provided in the format deemed appropriate by the County.
In the event that a Company fails to provide the required information regarding the
LOSAP plan within 30 days of the request, the County may withhold distribution of
operating allocations until the information is submitted. Failure to submit the required
information within 90 days will result in forfeiture of all County funds.
Should the Company fail to provide the required information regarding Emergency
Service Staffing within 30 days from the date due, the Company’s next grant installment
shall be withheld until the information is submitted to the Office of Emergency Services.
Failure to submit the required information within 90 days will result in forfeiture of all
County funds.
Recordkeeping requirements
All canceled checks, bank statements, invoices, and other supporting documentation
associated with County appropriations shall be maintained for a minimum of three
years. The three year retention period begins on the first day of the fiscal or calendar
year following the use of the County funds. The following is an example:
Year End Retention Period
June 30, 2014 June 30, 2017
December 31, 2014 December 31, 2017
Audit Requirements
All financial reports and the associated supporting documents shall be subject to audit
or other levels of service (I.e. agreed upon procedures) by an independent accountant
to be selected and paid for by the County Commissioners or subject to review by the
County Office of Budget and Finance. Companies and the Association shall make records
available to the County or its agent within 30 days of notification.
Failure to cooperate with the County or its agents will be sufficient cause for the County
to cease distribution of all public funds to the company in question , and consider
disciplinary action under the authority of Chapter 10, Subtitle 4, Section 10-401 of the
Code of the Local Public Laws of Washington County, Maryland.
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Washington County, Maryland
Emergency Services Financial Policy
6
Appeal Process
Disputes regarding actions taken by the Office of Budget and Finance over compliance
with this policy may be appealed by the company in writing. The written request must
be made within 60 days of event giving rise to the dispute and sent to the County
Administrator’s Office. Upon receipt of the request the County Administrator’s Office
will schedule an appeal hearing to take place no later than 30 days from receipt. The
appeal will be heard by a four member panel consisting of the County Administrator,
President of the Fire and Rescue Association, the County Attorney, and the Director of
Emergency Services. Decisions will be made and communicated in writing to the
company within 30 days of the hearing.
Questions
Any questions concerning the reporting requirements and or policy may be directed to
the Office of Budget and Finance at 240-313-2300 for guidance.
Washington
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Washington County, Maryland
Emergency Services Financial Policy
7
Forms and Filing Options
Form Location
Filing Options Description
Internet Location of Forms www.washco-md.net//budget_finance/budget.shtm
Hard Copies of Forms
100 West Washington Street, Room 304
Hagerstown, Maryland 21740
240-313-2313
E-mail Filing of Forms dbrown@washco-md.net
Faxed Filing of Forms
Fax: 240-313-2301
Washington County Maryland
Office of Budget and Finance
Attention: Accounting Supervisor
Mailed Filing of Forms
Washington County Office of Budget and Finance
100 West Washington Street
Room 304
Hagerstown, Maryland 21740
Attention: Accounting Supervisor
Contact Information
Washington County, Maryland
Office of Budget and Finance
Accounting Supervisor
240-313-2313
Washington
County,
Maryland
Washington County, Maryland
Emergency Services Financial Policy
8
Definitions
Emergency Service Company – A volunteer fire department, rescue department, or
ambulance department that is incorporated, designated, and approved and recognized
by the Washington County Volunteer Fire and Rescue Association, Inc., and the County
Commissioners of Washington County. The authority which is noted under Chapter 10,
Subtitle 4, Section 10-401 of the Code of the Local Public Laws of Washington County,
Maryland or a paid company recognized by the City of Hagerstown.
Allocation – Any form of support such as a subsidy, reimbursement, appropriation,
grant, or incentives.
Appropriation – An amount authorized for disbursement and/or payment on behalf of
Emergency Services by the Board of County Commissioners of Washington County, Md
Annual Budget Process – Annual budget process begins in January, with formal adoption
no later than June 30. The County fiscal year is July 1st through June 30th.
Compliance Review – A general review of submitted information reviewed for
completeness and policy compliance.
Core Emergency Service Function – Washington County defines core emergency service
functions for the County as:
▪ Firefighting
▪ Emergency medical services
▪ Hazardous materials containment and disposal
▪ Promoting fire safety
▪ Responding to road traffic collisions
▪ Responding to other emergencies
Underlying the core functions, the following services are essential in providing
emergency services within Washington County:
▪ Emergency call handling and mobilizing resources
▪ Emergency response to fire, road traffic collisions and other
emergencies
▪ Emergency response for medical services
▪ Fire safety enforcement
▪ Promoting emergency services safety
▪ Warning and informing the public
▪ Volunteer retention
▪ Information sharing with other responders
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Emergency Services Financial Policy
9
Revisions
Type of Revision Extent of Revision Approval Date
Creation of Policy New October 22, 2013
Contract for Emergency Services Special Procedures and Auditing Services – Attachment No. 7
Emergency Services Special Procedures and Auditing Services
Washington County, Maryland
PUR-1447
ATTACHMENT NO. 7
?5'
EMERGENCY MEDICAL SERVICE STAFFING AGREEMENT
This Agreement (Agreement) is made as of July 1, 2010, by and between
the Board of County Commissioners of Washington County, Maryland
(Board), a body corporate and politic, and Community Rescue Service, Inc.
(Company), a not -for -profit corporation duly organized and validly existing
under the laws of the State of Maryland.
Policy Background
The overall goal of the emergency medical services (EMS) system is to
provide excellent emergency care in a patient -oriented, consumer -driven
approach exceeding all local, state, and national standards. Our commitment
is to be progressive and proactive in our approach to fulfilling the emergency
care needs of our community and to be efficient in the utilization of our
resources.
The mission of the Board continues to be to support the volunteer fire and
ambulance companies operating in Washington County, Maryland (County)
in providing emergency services to the citizens of and visitors to the County.
The parties' mutual objective is to maintain and enhance the emergency
services provided to the citizens of and visitors to the County. To that end,
the Board, at its meeting of December 15, 2009, adopted updated plan
proposals and recommendations to the Emergency Medical Services: Plan for
the Future.
The Washington County Volunteer Fire and Rescue Association, Inc.
(WCVFRA) has been instrumental in resolving the issues confronting the
parties concerning the adequate provision of emergency medical services in
Washington County.
This Agreement solidifies the working relationship between the parties
and establishes the mutual rights and responsibilities of those parties as they
work together to furthe*eir mutual objectives.
THEREFORE, in consideration of the mutual promises and covenants
contained herein, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties agree as
follows.
Terms and Conditions
1. Board's Obligations
1.1. First -Year Grant Investment. For the fiscal year beginning July
1, 2010, and ending on June 30, 2011, the Board will provide an annual grant
investment to the Company in the amount set forth in the attached Schedule
A, payable in quarterly forward installments in July, October, January, and
April. This grant investment shall be used by the Company to provide 24-
hours-per-day emergency medical staffing coverage.
1.2. Subsequent -Year Grant Investments. For the fiscal year
beginning July 1, 2011 and for each subsequent fiscal year thereafter, the
amount of the grant investment shall be determined pursuant to the Board's
regular budgeting process. The Board considers the grant investment to be a
baseline budgetary funding expense to enable it to provide an essential
service.
1.3. Subsequent -Year Grant Investment Payments. Subsequent
annual subsidies will be paid in quarterly forward installments in July,
October, January, and April.
1.4. Factors in Determination of Subsequent Grant Investments. For
fiscal years beginning on July 1, 2011 and thereafter, the amount of any
Company's grant investment shall be determined based upon the cost of
providing emergency medical service staffing coverage to the Company's first -
due area, the Company's billing and collection for services provided, the
Company's cooperation with the Board's budgeting process, the Company's
satisfaction of its obligations under this Agreement, and the Company's
cooperation with the Division in the provision of emergency medical services.
1.5. Division of Emergency Services. The Board designates the
Director of the Division of Emergency Services (Division) as the individual
responsible for managing the Board's relationship with the Company, and
any reports required to be submitted to the Board under this Agreement shall
be submitted to the Director.
2. Company's Obligations
2.1. Responsiveness. The Company's response rate (as comprised of
the Company's unit(s) as set forth on the attached Schedule A) to all requests
for service in any 30-day period will not be comprised of more than five
percent (5 %) responses deemed by the Division as late, light crew, or failed.
K
2.2. Staffing. The Company will maintain staffing for the minimum
transport unit(s) set forth in the attached Schedule A.
2.3. Deficiencies. If the Company is unable to meet its obligations
under §§ 2.1 or 2.2, then the Director will provide notice to the Company of
the deficiency and, if not cured by the Company within 60 days, then the
Director may take any emergency steps necessary to provide emergency
medical services within the Company's first -due area, and the EMS
Operational Program shall determine a final resolution for the deficiency. In
the event that there is a dispute between the Company and the Director over
whether an alleged deficiency actually exists, then the EMS Operational
Program (the Director, the President of the WCVFRA, and the EMS Medical
Director) shall review relevant data, benchmarks, and standards, and render
a decision regarding the actual existence of a deficiency. This decision shall
be binding on the Company and the Director. The Company hereby assigns to
the Board the right to any receivables generated as a result of the Board's
provision of staffing to the Company to maintain operation of the transport
unit(s) identified in Schedule A.
2.4. Staffing Information. The Company agrees to provide material
staffing information as requested by the Director to ensure the adequate
provision of emergency medical services throughout the County. The
information must be provided in the form and according to the schedule
determined by the Director for the Company's number of units as identified
in Schedule A.
2.5. Division Staff Assignment. The Company agrees that the
Director may assign Division staff, in the Director's sole discretion, to meet a
Company's obligations under §§ 2.1 or 2.2. Except under extraordinary
circumstances as determined at the discretion of the Director and the EMS
Operational Program, Division staff so assigned shall not count towards
fulfillment of the Company's obligations under those sections.
2.6. Billing. All calls eligible for billing will be billed by the
Company. The Company will regularly report, on the schedule and in the
form requested by the Division, the status of billings and receivables. The
Company's billings will follow the guidelines and standards set forth in the
EMS Billing Policy I.05.06.
2.7. Compensation and Benefit Competitiveness. The Company will
provide compensation and benefits for the persons staffing the transport
units at a level and on a scale commensurate with the compensation and
benefit levels maintained by other Companies throughout the County. The
3
Company's compensation and benefit structure will be within the guidelines
promulgated or established by the EMS Operational Program. The EMS
Operational Program will review annually the Company's compliance with
this Section 2.7.
2.8. Compliance. The Company must maintain compliance with all
County and State emergency medical service operational standards and
requirements.
2.9. Information. The Company must provide the Director with any
financial or operational information requested by the Director and/or the
Board. The information must be provided in the form and on the schedule
required by the Director. In the event that the Company fails to provide the
requested information in a timely manner or within fifteen days from the
date when the information is due, then the Company's next grant investment
installment shall be assessed a penalty pursuant to the Board's Financial
Reporting and Auditing of Volunteer Fire and Rescue Companies policy.
2.10. Purchasing. The Company agrees to utilize, so far as is
practicable, pooled or cooperative purchasing procedures so as to minimize
operational expenses.
2.11. Company's Officers. The Company must provide the Director
with a list of the name, address, and telephone number(s) of the Company's
corporate officers and chief(s). The Company will keep this list up-to-date and
will notify the Director of any changes to the list.
3. General Provisions
3.1. Termination. The Board or the Company may terminate its
obligations under this Agreement with ninety (90) days written notice to the
other. If from the Board, notice shall be given to the President and Chief of
the Company; and if from the Company, notice shall be given to the Director
and the County Administrator.
3.2. Entire Agreement. This Agreement contains the entire
agreement between the parties and supersedes all prior oral or written
agreements, commitments, or understandings with respect to the matters
provided for herein, and no amendment or modification of this Agreement is
valid unless the same is in writing and signed by each party to this
Agreement.
4
3.3. Further Assurances. The parties hereto expressly covenant that
they will execute such other and further documents and assurances as may
be necessary to effect the promises and purposes of this Agreement.
3.4. Choice of Laws. This Agreement shall be governed by, and
construed in accordance with, the laws of the State of Maryland in effect at
the time of its execution, without regard to the place of execution or
ratification of this Agreement and without regard to any conflict of laws
principles of the State of Maryland.
3.5. Entire Understanding. The parties hereby expressly certify that
consent to the execution of this Agreement has not been obtained by duress,
fraud, or undue influence of any person and that each party has had the
opportunity for advice of counsel in the execution of this instrument. No
representations of fact have been made by either party to the other except as
herein expressly set forth.
3.6. Severability. If any provision of this Agreement shall be found to
be invalid or void, it shall not affect or impair the remaining provisions which
can be given effect without the invalid or void part.
3.7. Disputes. Any disagreement arising under this Agreement shall
first be submitted to the EMS Operational Program for resolution.
3.8. Forum. Any dispute not resolved pursuant to § 3.7 shall only be
heard in a court of competent jurisdiction located in Washington County,
Maryland.
3.9. Counterparts. This Agreement may be executed in one or more
counterparts, each of which, when considered together, shall constitute the
original Agreement.
3.10. Binding Effect. This Agreement shall be binding upon, and inure
to the benefit of, the parties and their successors.
3.11. No Assignment. This Agreement cannot be assigned by the
Company without the prior written consent of the Board.
3.12. No Waiver. Any party's failure to insist on compliance or
enforcement of any provision of this Agreement shall not affect its validity or
enforceability or constitute a waiver or future enforcement of that provision
or any provision of this Agreement.
5
Open Session Item
SUBJECT: City / County Memorandum o f Understanding (MOU) Brief
PRESENTATION DATE: August 27, 2019
PRESENTATION BY: R. David Hays, Director, Division of Emergency Services (DES)
RECOMMENDATION: For consideration only at this t ime
REPORT-IN-BRIEF: In effort to codify fire, rescue and EMS services in all areas of Washington
County, the Hagerstown Fire Chief and the Director of Emergency Services have been working
collectively to formulate an Automatic/Mutual Aid Memorandum of Understanding (MOU). The MOU
works to ide ntif y each elected body’s responsibility a nd stated commitment relative to providing the
citizens of Washington County with timely and effective emergency services.
DISCUSSION: The intent of city and county staff is to draft a document that addresses key issues in the
delivery o f emergency services (i. e. incident command (NIMS), closest unit , fina ncial responsibility,
Workers Comp. Insurances, etc..). The current plan is to present the final product to the Commissioners
and Mayor and Council for subsequent approval as the Authorities Having Jurisdiction (AHJ) after a
review and comment period has concluded. In drafting t he document, staff have sought both county and
city lega l counsel throughout the process. Additionally, we offered the initial draft of the MOU document
to the Washington County Volunteer Fire and Rescue Leadership Team on July 13, 2019 and
subsequently on August 6, 2019 after a joint meeting between both DES and the WCVFRA. Coun ty staff
have requested that the WCVFRA Leadership provide final comment by August 30, 2019.
Today’s brief is intended to provide the document to the Commissioners for input during it’s draft stages
in an effort to finalize the document for future presentation to both the Commissioners a nd Mayor and
Council for adoption/execution.
A final review by County staff has authored 1 additional change to better reflect the legal responsibilities
of both the BOCC and the City of Hagerstown Mayor and Council. An updated copy with the specified
change has also been forwarded to the leadership of the WCVFRA on August 19, 2019.
FISCAL IMPACT: To codify services will allow for improved insurance ratings, training, and
collaboration in execution
CONCURRENCES: County Administrator
ALTERNATIVES: N/A
ATTACHMENTS: City/C oun ty Fire-Rescue Services MOU
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
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Page 1 of 6
AUTOMATIC AND MUTUAL AID FIREFIGHTING, RESCUE,
AND EMS AGREEMENT
This Automatic and Mutual Aid Firefighting, Rescue, and EMS 1 Agreement
(“Agreement”) is made this ______ day of _____________, 2019, by and between the
Mayor and Council of the City of Hagerstown, Maryland, a body corporate and politic
(“City”), and the Board of County Commissioners of Washington County, Maryland, a
body corporate and politic and a political subdivision of the State of Maryland
(“County”). The City and the County may sometimes be referred to in this Agreement
individually as a Party or a Jurisdiction and collectively as the Parties or the Jurisdictions.
RECITALS
The Parties hereto maintain respective equipment and personnel for the
suppression of fires, rescue, and EMS services (collectively “Services”) within their
respective boundaries.
The Parties wish to enter into this Agreement to provide for cooperative Services
and to augment Services in their respective boundaries.
The City and the County agree to provide the Services which they are respectively
able to provide pursuant to this Agreement.
The City has control over paid employees of the City and agrees to provide those
Services over which it has control. The County has control over fire protection and rescue
services in Washington County, Maryland, pursuant to the following: (1) Sections 10-401
and 10-402 of the Code of Public Local Laws for Washington County, Maryland, and (2)
a Resolution Establishing Standards for Volunteer Fire, Rescue, and Ambulance
Departments, Resolution No. RS-2014-17, adopted by the Board of County
Commissioners on October 14, 2014.
The County and City agree to dispatch the resources referenced above by sending
the closest appropriate Services in response to a request for Automatic Aid or Mutual Aid
in accordance with industry best practices.
The Parties deem this Agreement to be mutually beneficial to render Aid to one
another in accordance with the terms set forth herein.
1 Emergency Medical Services
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Page 2 of 6
TERMS & PROVISIONS
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, the Parties agree as follows:
1. Recitals – The foregoing recitals be and are hereby incorporated herein by
reference.
2. Terms – The following terms are defined in this Agreement as stated:
a. Aid: Any Services rendered by a Jurisdiction to the other pursuant to this
Agreement. Aid shall be provided by the Parties’ employees or agents who
possess all required state and local training, licenses, and certifications
required for the provision of Services.
b. Automatic Aid: Services provided immediately for an emergency response
and/or request for Aid. At least 50% of a Jurisdiction’s firefighting capacity
must remain within that Jurisdiction when it is providing Automatic Aid. The
Automatic Aid dispatch will include any fire, rescue, and/or EMS units as
dispatched by “company” or specific “unit.” It is the intent of the City to limit
initial Automatic Aid resources to two engines, one aerial, and one chief officer
until such time as additional staffed ready reserve units are either transferred
into the City or controlled via the career callback system.
c. Mutual Aid: Services provided upon request for an emergency response
and/or request for Aid.
d. First-Due Host Jurisdiction (FDHJ): The Party within whose geographic
boundaries the emergency response and/or request for Aid is located.
e. Automatic Aid Jurisdiction: The Party whose geographic boundaries are
outside the FDHJ but who represents the closest department and/or company
to an emergency response and/or request for Aid and, therefore, is
appropriately dispatched immediately along with the FDHJ.
f. Mutual Aid Jurisdiction: The Party whose geographic boundaries are outside
the FDHJ where the emergency response and/or request for Aid is located.
g. Incident Commander: The on-scene unit officer, company officer, or chief
officer who has assumed operational control (“Command”) of an incident and
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Page 3 of 6
is responsible for establishing and updating the incident goals, strategies, and
tactics and the deployment of assigned resources accordingly. “Command”
shall be established by the first arriving unit at the scene of every incident.
Command will be continuously maintained from the arrival of the first unit
until the departure of the last unit from the incident scene. However, the
individual serving as the Incident Commander may change several times
throughout the incident as higher levels of command authority, experience,
and/or ability are required or as the incident spans multiple operational
periods.
h. Region: The area consisting of the City of Hagerstown, Maryland, and
Washington County, Maryland.
3. Mutual Aid Requests – A Jurisdiction is authorized to request Mutual Aid
pursuant to this Agreement whenever it is deemed advisable by the FDHJ or by the
Incident Commander.
4. In-Kind Service Delivery – Each Party shall provide Services to ensure an
equitable level of in-kind service delivery (including vehicles, equipment, and staff)
between the Parties.
5. Automatic Aid Unit – When appropriate during an emergency response, the
Washington County Emergency Communications Center (“WCECC”), utilizing
computer-aided-dispatch (CAD) procedures, shall determine the Automatic Aid
Jurisdiction unit’s or units’ current location and availability for emergency response. If
the Automatic Aid Jurisdiction unit(s) is/are available, the WCECC shall immediately
dispatch the Automatic Aid Jurisdiction’s unit or units and simultaneously dispatch the
FDHJ’s unit or units.
6. Incident Command – Whenever a fire, rescue, or EMS service, department, or
company is called to provide service in the Region, the first service, department, or
company to arrive will establish Incident Command as prescribed by the National
Incident Management System (“NIMS”). Each Party will be responsible for training its
respective personnel and will ensure that its personnel are properly and adequately
trained in the NIMS.
7. Reimbursement of Costs – The Parties will perform all obligations under this
Agreement without reimbursement from each other, unless by agreement or otherwise
specified by law, court order, or other legally binding authority. Nothing in this
Agreement will be construed to prevent either Party from seeking reimbursement of the
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Page 4 of 6
costs of Services from third parties, including other individuals or entities or from state
or federal funding sources as permitted by law. Each Party will be responsible for
payment of workers’ compensation, death, and any other applicable benefits to its own
employees or agents who are injured or killed while carrying out operations and activities
in furtherance of this Agreement to the same extent as if the injury or death occurred in
the normal course of employment in the affected individual’s employing Jurisdiction,
without regard to geographical location of the precipitating event. Nothing in this
Agreement will be construed against the City with respect to the computation of the tax
differential applied to City taxpayers. Nothing in this Agreement will be construed
against the County with respect to the computation of the tax differential applied to City
taxpayers.
8. Waiver of Claims – Each Party waives all claims or potential claims against the
other Party for the compensation of any loss, damage, personal injury, or death resulting
from the performance of the Parties’ respective obligations under this Agreement.
9. Integration – This Agreement is the Parties’ final and complete agreement and
supersedes all prior mutual aid or other related agreements for Services between the
Parties. Either Party may propose amendments to this Agreement from time to time, but
no amendment will be effective without the written consent of both Parties.
10. Effectiveness – This Agreement will become effective on the date signed by
both Parties and will remain in full force and effect until cancelled by written mutual
agreement of the Parties or upon ninety (90) days’ written notice by one Party to the other
Party.
11. Purpose and Immunity – All services performed by the Parties and their
respective employees or agents, as well as expenditures made under this Agreement, will
be deemed to be for public and governmental purposes. All immunities from liability
enjoyed by federal, state, and local governments within each Party’s boundaries will
extend to each Party’s respective participation and activities in rendering Services outside
each Party’s respective boundaries under this Agreement.
12. Liability and Damages – To the extent permitted by applicable law, each Party
shall be responsible for their respective agents’ and employees’ acts and omissions
conducted within the scope of their duties and causing injury to persons or property.
Notwithstanding the foregoing, neither Party shall be responsible to the other Party for
punitive damages assessed against their respective employees or agents or for any
criminal conduct of their respective employees or agents. Nothing herein shall be deemed
as a waiver of sovereign immunity or any other defense available to either Party.
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Page 5 of 6
13. Assignment and Applicability – This Agreement cannot be assigned without
the written consent of both Parties. This Agreement shall be binding upon and inure to
the benefit of the Parties’ respective successors and assigns.
14. Applicable Law – This Agreement shall be governed by and construed in
accordance with the laws of the State of Maryland.
15. Notices – Notices required under this Agreement are effective if given to the
following, unless updated notice information is provided by either Party to the other in
the future:
If to the City:
Steven Lohr, Chief
City of Hagerstown Fire Department
25 West Church Street
Hagerstown, MD 21740
With a courtesy copy to:
Jason Morton
Salvatore & Morton, LLC
82 West Washington Street, Suite 100
Hagerstown, MD 21740
If to the County:
R. David Hays, Director
Washington County Division of Emergency Services
16232 Elliott Parkway
Williamsport, MD 21795
With a courtesy copy to:
Kirk C. Downey, County Attorney
Office of the County Attorney
100 West Washington Street, Suite 1101
Hagerstown, MD 21740
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed and delivered.
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Page 6 of 6
MAYOR AND CITY COUNCIL OF
ATTEST: HAGERSTOWN, MARYLAND
_____________________________ By: _____________________________
Donna K. Spickler, Clerk Robert E. Bruchey, II, Mayor
Approved as to form and Recommended for approval:
legal sufficiency:
_____________________________ _____________________________
Jason Morton, City Attorney Steven Lohr, City Fire Chief
BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY,
ATTEST: MARYLAND
_____________________________ By: _____________________________
Krista L. Hart, Clerk Jeffrey A. Cline, President
Approved as to form and Recommended for approval:
legal sufficiency:
_____________________________ _____________________________
Kirk C. Downey, County Attorney R. David Hays, Director, Division of
Emergency Services
CITY OF HAGERSTOWN, MARYLAND
Department of Community and Economic Development
To: Scott Nicewarner, City Administrator
From: Jonathan Kerns, Community Development Manager
Date: August 20, 2019
RE: Vacant/Abandoned/Cyclical Tax Sale Properties — Strategy and Proposed Partnership with
Washington County Government
Action Requested:
During the August 27`h joint meeting between the Washington County Board of County Commissioners
and the Mayor & City Council, staff request an opportunity to discuss a strategy and potential City -
Washington County partnership for reducing the number of vacant/abandoned/cyclical tax sale properties
within the City of Hagerstown. This subject was initially discussed with the Mayor & City Council during
a previous work session in 2019.
BackLround on Problem Tax Sale Properties
As described on the Washington County Treasurer's website, the Washington County Maryland tax sale process
enables the County to collect all unpaid and delinquent City and County property taxes as required by statute. The
annual tax sale typically occurs in June of each year. Properties subject to the annual tax sale can result in the
following scenarios: current owner of record retains ownership of property by paying delinquent taxes and
interest due, winning tax sale bidder gains ownership of property after a foreclosure process, or property remains
in tax sale process due to a bidder's unwillingness to foreclose or lack of bids. A detailed description of the
Washington County Tax sale process can be found in the attached document provided by the Washington County
Treasurer's Office.
Each year, numerous properties within the City of Hagerstown and Washington County are subject to the annual
tax sale process. Certain tax sale properties, especially vacant and/or abandoned properties, are a nuisance to their
respective neighborhoods. The majority of these properties are vacant structures and vacant lots in residential
neighborhoods within the City of Hagerstown (see attached maps).
Some of the subject properties include buildings in severe disrepair and have been known to attract illicit activity.
This can require demand for and excessive use of HPD, HFD, and even EMS services. City properties are also
monitored by City Planning and Code Administration staff and nuisance conditions such as trash, weeds, and
snow are often abated throughout the year. These necessary abatements require hours of staff time and the
abatement fees continue to increase the delinquent tax amounts for the properties in question. These properties
continually put a strain on staff time and resources while negatively impacting the City and County's assessable
property tax base.
14 N. Potomac Street, Suite 200A
Hagerstown, MD 21740
(301) 739-8577 Ext. 111
Approximately forty (40) properties within the City have been subject to the tax sale process on annual basis and
the process continues to repeat year after year with no change in property ownership. Some of these properties
have delinquent tax amounts that far exceed the value of the property. Other factors deterring transfer of
ownership include deteriorating property conditions, lot size, and the lack of feasible development options. Once
up for tax sale, many of these problem properties do not receive tax sale bids. Without bids, the property
ownership remains with the current owner of record and the property returns to the tax sale cycle the following
year. Even if a subject property receives a tax sale bid, the tax sale bidder typically does not follow through with
the necessary foreclosure process to gain ownership. This situation can cause the property to remain in limbo for
up to two years before eventual return into the tax sale cycle for future years.
Over time, delinquent tax amounts increase on these properties and property conditions continue to deteriorate.
This further reduces the likelihood of delinquent property taxes ever being collected by the City and County since
the traditional tax sale process is unlikely to produce a transfer of ownership. The properties continue to have a
detrimental impact on City neighborhoods.
Research on Prolzrams for Vacant/Abandoned Tax Sale Property Programs
This problem is not unique to Hagerstown and Washington County. Many jurisdictions across the State of
Maryland are experiencing similar problems with blighted properties subject to repeated tax sale.
During the research process on this issue, City staff consulted with various parties including but not
limited to:
• Cindy Smith, Dorchester County Grants & Housing Administrator
• Dan Ehrenberg, Dorchester County Attorney
• Jen Keefer, City Attorney
• Todd Hershey, Washington County Treasurer
• Odette Ramos, Maryland Community Development Network
• Melissa Einhorn, Chief of Staff for State Senator Addie Eckardt
City Staff discovered a "Tax Lien Property Repurpose Program" currently operating in Dorchester
County, Maryland. The goal of Dorchester County's program is to transform problem tax sale properties,
obtained by the County through tax lien foreclosure, in to productively owned property. Some highlights
of the Dorchester County Tax Lien Repurpose Program include:
• Program was created in 2015-2016 and approximately 200 properties have been repurposed
through the program
• Dorchester County gains ownership of problem/abandoned tax sale properties via foreclosure
• Properties are then donated and/or marketed for resale based upon set priorities for type of use
• In a typical year, Dorchester County forecloses on approximately 30 properties that are
subsequently listed for sale through the program
• Select properties may be retained by the County or a City government if property is needed for a
public purpose
• County pays foreclosure fees of approximately $2,500 per property and attempts to resell at a
price to recoup taxes owed (most situations result in selling for well below what is owed)
Guidelines for the Dorchester County program are included as an attachment.
The Maryland General Assembly enacted legislation in 2018 to provide local governments with additional
flexibility for removing properties from the tax sale process to facilitate transfer of ownership. The bill
expanded several provisions of the existing law that were only applicable in Baltimore City in the past.
The new legislation now gives local governments the following options:
• authorizes counties to withhold properties from tax sale that have been designated for
redevelopment purposes
• sell abandoned property for less than the total amount owed
• take separate action outside of the standard tax sale process to collect delinquent taxes
• expedite the foreclosure of abandoned property
Recommended Strategy for Hagerstown's Cyclical Tax Sale Properties
Based upon the information received through consultation and research, staff recommend developing a
program using an approach similar to the Dorchester County program. A cyclical tax sale property would
be obtained by the City via tax sale foreclosure and the property would then be sold or donated shortly
thereafter. End users could be identified prior to the City beginning the foreclosure process and once
under City ownership, the property could be donated or sold immediately. If a property requires
demolition, most cases would permit use of Community Development Block Grant funding for such
demolitions. Vacant lots would be available for new construction projects and homeownership
opportunities.
A high level overview of the process would include the following steps:
• Identification of cyclical tax sale property or properties that are vacant/abandoned and subject to
multiple tax sales without transfer of ownership
• Property or properties are then categorized as a buildable vacant lot, unbuildable vacant lot, lot
with structure that requires demolition, or lot with structure that can be rehabilitated
• City seeks a developer/partner/end user for a select property prior to proceeding with property
foreclosure (Process to seek end user is to be determined)
• After identifying developer/partner/end user, City forecloses on property and takes necessary
steps to resell property to developer/partner/end user
• If demolition is required, the City demolishes property immediately while under City ownership
or requires developer/partner/end user to undertake demolition
• Delinquent City Tax amounts would likely need to be reduced or forgiven to make resale
and reuse feasible
• Requesting partnership with Washington County to also reduce or forgive delinquent
County tax to assist with program feasibility
• Previous property owner of record remains liable for uncollected tax amounts and judgment is
entered for any remaining delinquent taxes
Staff initially sought solutions that would avoid the City acting as the property owners for vacant and
abandoned tax sale properties. After numerous conversations with other jurisdictions and legal counsel,
staff still recommend the above program concept as the most viable option for successful repurposing of
problem tax sale properties. The goals accomplished by such a program would include elimination of
neighborhood blight, demolition of unsafe structures, homeownership opportunities through new
construction, reduced strain on Police/Fire/EMS/Code Inspection resources, and vacant/abandoned
properties returning to productive and taxable uses.
Next Steps
The Mayor & City Council have directed City staff to move forward with officially creating a program to
repurpose vacant and abandoned cyclical tax sale properties based on the concept discussed above. At this
time, City staff continue to work with legal counsel to finalize the necessary details and program
guidelines involved for tax sale foreclosure and property resale. One of the final steps needed to move
forward with creating the program is Washington County Board of County Commissioner approval to
reduce or forgive delinquent County taxes for properties that would be repurposed through such a
program.
Once the program is finalized and formally approved by the Mayor & City Council, Staff estimate
program implementation could begin on a pilot basis during late summer or early fall of 2019. Pilot
implementation would target a small number of vacant/abandoned cyclical tax sale properties with a high
probability ofsuccessful resale and reuse. Staff will be available during the joint meeting to discuss these
items in greater detail.
Attachments: Information Regarding Washington County Tax Sale Process
Cyclical Tax Sale Property Maps
Dorchester County Tax Lien Property Repurpose Program
C. Jill Thompson, Director of Community and Economic Development
Michelle Hepburn, Director of Finance
Paul Fulk, Neighborhood Services Manager
Jen Keefer, City Attorney
INFORMATION REGARDING WASIIINGTON COUNTY, MARYLAND
PROPERTY TAX SALES AND TAX SALE REDEMPTIONS
REAL ESTATE TAXES
Real estate taxes are due and payable on July let, and become delinquent October 151 of each year. Under the
Annual Payment Schedule, real estate taxes become delinquent as of October 1St. Under the Semiannual
Payment Schedule, the fast installment becomes delinquent as of October 1st, while the second installment
becomes delinquent as of January 13t. Failure to receive a real estate tax bill does not relieve the property
owner of the requirement to pay the real estate taxes or the subsequent penalties that are imposed on October
I", should the real estate taxes become delinquent.
Penalty and interest are assessed on all delinquent real estate taxes at the rate of 1% per month or fraction
thereof on the County and State portion of the bill until the bill is paid in full. Only payment in full of all
amounts due will prevent the property fi-om being included in the Tax Sale.
TAX SALE PROCEDURE
At least thirty (30) days before any property is first advertised for sale, a Final Bill and Legal Notice is mailed
to the property owners of record at the last address provided to the Treasurer's Office.
Tax sales are generally held annually on the first Tuesday in June, or such other dates as the Washington
County Treasurer determines.
Advertisements for the tax sale are published in a County newspaper of general circulation for four consecutive
Saturdays prior to the date of sale, specifying the place, date and time of the Sale, and listing all properties with
delinquent real estate taxes or other municipal liens. Sale expenses are added to the delinquent amounts and
included in the advertisement as the opening bid.
Bidders must register before the sale. Registration forms may be obtained from the Treasurer's Office, and
must be completed and submitted by 4:00 p.m, on the last business day prior to the date of tax sale. Bidder's
cards bearing the bidder's numbers will be provided upon approval of the completed bidder's registration form.
Bidders must bring their Bidder's card with them on the date of sale, in order to place bids. Attendance at the
tax sale is required in order to bid. Tax Sale Certificates cannot be purchased over-the-counter.
Payment of the opening bid amount is required on the day of sale.
Payment can be made by cash, check, or certain credit/debit cards (card payments incur additional fees).
Upon payment, a Tax Sale Certificate will be provided to the successful Tax Sale Purchaser. This certificate is
evidence that the Tax Sale Purchaser has purchased an enforceable lien against the property, Tax Sale
Certificates can be assigned.
POST SALE PROCEDURES
The owner or other interested parties of the property for which a Certificate ofTax Sale has been issued has the
right to redeem that property after the date of sale. The purchaser of a Tax Sale Certificate has no right to
possession of the property until completion of foreclosure of the rights of redemption, including the delivery of
a deed from the Washington County Treasurer. The action to foreclose the property owner's right of
redemption can be filed iri the Circuit Court for Washington County after six months from the date of the Tax
Sale; however, it MUST be filed within two years of the date of the Tax Sale. If an action is not filed within
that two-year period, the holder of the Tax Sale Certificate will LOSE all rights to the property described in the
Tax Sale Certificate and LOSE all rights to a return of the downpayment. If the Tax
Sale Purchaser holds more than one Tax Sale Certificate, all properties for which certificates are held can be
included in a single action. Neither the Washington County Treasurer nor the attorney for the Washington
County Treasurer can assist in the foreclosure process. The holders of Tax Sale Certificates are encouraged to
seek the advice of an attorney of thew choosing for assistance,
The period of redemption runs from the date of sale to the date of the final Court Order foreclosing or
terminating the right of redemption, during which time the owner of the property has the right to remain in
possession of the property, The redeeming party must pay to the Washington County Treasurer the amount of
the opening bid paid at the Tax Sale together with 6% interest per annum, and any taxes, fees or charges
accruing after the date of the Tax Sale, Four months after the date of the Tax Sale, the redeeming party may be
responsible for the Legal fees of the Tax Sale Purchaser, After the first six months, the redeeming patty may
also be responsible for costs incurred by the Tax Sale Purchaser including reasonable legal fees, reasonable
title search fees, and Court costs. The redeeming party may file a Motion with the Court to fix the amount
of attorney's fees as well as o ther costs, and may require the foreclosing party to introduce evidence in
Court to justify his fee,
The above is not intended to be a complete summary of rights or liabilities regarding the Tax Sale. Property
owners and purchasers are encouraged to consult with an attorney for assistance. Additional information
regarding Tax Sale matters are found in the Maryland Tax Property Article of the Annotated Code of Maryland
§§14-808 through 14-854 inclusive, and are available online at http://mlis.state,md.its/cgi win/web
statutes.exe,
For additional information regarding Washington County Maryland tax sales, including the tax sale
registration form and tax sale listing, please visit our website at www,washco-nrd.net.
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DORCHESTER COUNTY GOVERNMENT
Tax Lien Property Repurpose Program (TLPRP)
Definitions
Productive property —Any property providing a service to the community either via generation of tax revenue or provision of
public/community benefit.
Affordable housing — Housing, the cost of which is less than 20% of the household income and the household is a Low and
Moderate (LMI) household. The LMI definition supplied by HUD "would be able to afford to purchase and maintain it over a long
period of time".
Workforce housing Buyer — Housing for workers critical to the safety and improvement of the community (essential workers); for
example: teachers, firefighters, law enforcement officers, public safety workers (EMT, Paramedics, etc.), nurses, medical
personnel, county and city employees.
First Time Home Buyer— An individual or family that has not owned a home in the past five (5) years.
Qualified Bidder —Up to date on all tax payments nor had a property go to tax sale. All properties must be up to code with cities
and county. There must be no past problems with closing on properties purchased from the County. Criminal activity and tenant
complaints will be reviewed along with past clean and liens.
Price of Property —All liens plus foreclosure costs incurred by the County.
Primary Residence — Residence must be their declared primary residence.
Purpose — To transform property, obtained by the County through tax lien foreclosure, into productive property, the County will
take the following steps sequentially.
Step 1— RETENTION/DONATION OF PROPERTIES
A. Consider for use as a County property:
1. The County Elected Officials (EO) and Department Directors (DD) will be consulted to determine possible county uses.
2. Upon receipt of a Deed all County EO's and DD's will be sent an email with the property information.
3. If interested in the property for a County Use, the EO or DD will consult with the County Manager on the suggested
use.
4. The County Manager will present the request to the Council for approval.
B. If the property is located in a municipality:
1. The County may offer the property to that municipality for no cost if it is contiguous to another municipality -owned
property. If it is not contiguous to another municipality -owned property it may be offered at the Price of Property.
2. The Municipality's Authorized Official will be sent a certified letter with the property information and the offer to
convey the property to the Municipality.
3. The Municipality will have thirty (30) days to respond to the letter.
C. Donations to Non -Profit Organizations for rehabilitation as Affordable housing:
1. Many properties in historic districts are in extremely poor condition, and require special treatment to prevent
demolition.
2. If a nonprofit organization wants a property for rehabilitation, the ultimate use must be for resale to a home owner
who will occupy the house.
3. The owner will occupy the house for 3 years as their primary residence.
4. The sale price will be below market value or financed by the organization with a no interest loan.
5. The non-profit will provide home buyer counseling before and after purchase.
6. The County will consider donating the property to the organization.
7. An MOU will be signed with the County stating terms requiring advertisement for resale within two (2) years of
purchase.
S. The organization will meet with the municipality or County within 30 days of ownership to determine repairs needed
to bring up to code.
9. The organization will then have one (1) year to complete repairs required to eliminate all of the code violations to the
satisfaction of the muni or county. The municipality or County will provide a letter to the buyer and the County
stating the buyer has met these terms. Upon receipt County will release the lien.
10. If any of terms are not met the property will revert to the County via a lien. The County will have the right to transfer
title back into the County's name paying all the transfer fees. The Organization waives the right to any and all
improvements or investments in the property, the property itself and the money paid to purchase the property.
Step 2 — SALE OF PROPERTIES
A. The County will advertise the property sale by:
1. Placing an advertisement in the local newspaper for two (2) consecutive weeks.
2. Placing the list with minimum Price of Property and bid process on the County website.
3. Placing the information on the County Facebook Pages.
4. Placing signs on the properties.
5. The County Housing Administrator will maintain a mailing list of interested individuals that have contacted the office
and notify those on the list via mail or email.
B. The sale process will be by sealed bid:
1. The advertising will include information regarding the bidding process and the location to obtain the forms.
2. The bid opening date will be set at approximately one month after all steps in A. above have been completed.
3. The bid opening will be public and held in the County Meeting Room, Room 110 of the County Office Building.
4. The Bids will be opened and read aloud at that bid opening.
5. The Bids will be reviewed and scored by the Housing Team and a recommendation will be sent to Council for approval
in open session.
6. The Dorchester County Council reserves the right to accept or reject any and all bids or parts of bids when it is judged
to be in the best interest of the County.
7. All title transfers must be completed and balance due paid within 30 days of notification of bid award. If not
completed in 30 days, the bidder will lose their deposit and the property awarded to the second highest Qualified
Bidder.
D. If no bids are received on a property Step 3 will be applied to them.
E. In an effort to assist the City of Cambridge (City) to eliminate non -compliant multi -unit housing and blight, the County will
do the following:
1. If the property has been vacant for at least ninety (90) days, it must be returned to a single family residence;
therefore, the County ensure that this requirement will be included in the sale advertisement and documentation.
2. If the property is in the Pine Street or West End Historic District that information will be included in the advertisement
and documentation.
3. Require all buyers to meet with the City within thirty (30) days of purchase to determine repairs needed to bring the
property up to code.
4. The county will place a lien on the property that will state, if the repairs are not done, the property reverts to the
County.
5. The buyer will have one (1) year to complete repairs required to eliminate all of the code violations to the satisfaction
of the city. The City will provide a letter to the buyer and the county stating the buyer has met these terms. Once
received the County will release the lien.
6. If the City is not satisfied with the progress they will meet with the buyer and the County Housing Administrator to
determine a plan for successfully completing the improvements.
7. If the three (3) parties cannot come to an agreement, the property will revert to the County for resale. The County will
have the right to transfer title back into the County's name paying all the transfer fees. The Buyer will waive the right
to any and all improvements or investments in the property, the property itself and the money paid to purchase it.
F. Grants for Primary -Residence -Occupancy Home Buyers:
1. To incentivize buyers to purchase these properties for primary residences, the County will provide a Grant
(Attachment A) of 80% of the Price of Property.
2. A point system will be used to score the bids. This system is detailed in Attachment A.
3. Evidence must be provided as proof of status as a first time buyer or a workforce eligibility. A list of documents that
will be accepted is included in Attachment B.
4. The buyer must sign an MOU with the County that the property will be used as the buyer's primary residence for
three (3) years along with other stipulations such as the lien. In extenuating circumstances the County may release
this requirement.
5. The buyer will meet with the municipality or County within thirty (30) days of ownership to determine repairs needed
to bring the property up to code.
6. The buyer will have one (1) year to complete repairs required to eliminate all of the code violations to the satisfaction
of the municipality or county. The municipality or County will provide a letter to the buyer and the County stating the
buyer has met these terms. Upon receipt the County will release the lien.
7. If any of terms are not met the property will revert to the County via a lien. The County will have the right to transfer
title back into the County's name paying all the transfer fees. The Buyer will waive the right to any and all
improvements or investments in the property, the property itself and the money paid to purchase it.
Step 3 — RESIDUAL PROPERTIES
1. Will be offered to the contiguous Owner -Occupied or Non -rental owned (2"d home — home owners/weekenders)
property owners for $1.00.
a. The Contiguous property owners with Common Frontage with the property will be offered the property first
via the method in b. through h. After the 30 day waiting period the Contiguous property owners with other
abutting property lines will be offered the property using the same method.
b. Certified letters will be sent to addresses on the State Department of Assessments (SDAT) property search
website.
c. The letter will include the County Property Acceptance form and contact information for assistance in
completing it.
d. The offer will be good for thirty days (30) from the date of the letter.
e. The owner will be required to return the completed bid form via certified mail return receipt required or by
hand delivery to the Finance Department.
f. Property will be awarded to the first owner to successfully complete and return the form.
g. Forms will be stamped with receipt date and time and will then be processed in order of receipt.
h. The new owner will have 30 days to transfer title to their name and will pay all costs related to the transfer.
2. If all of the Contiguous property owners decline the property offer, the lot will be offered to the municipality in which
it is located, at no cost and then to non -profits.
3. If all non -profits and municipalities decline the offer the County will determine other options for disposal or retain the
property as green space and decide if it will be maintained or be allowed to return to a natural state.
ATTACHMENT A
GRANT GUIDELINES
Purpose: To increase the number of single family owner -occupied homes.
To qualify for this grant:
A. The Buyer must agree to reside in the property as their primary residence for three (3) years after receipt of
Certificate of Occupancy.
B. The Buyer must be a Qualified Bidder.
C. The Buyer must supply all documents proving Status' with the bid or the points will not be awarded.
D. The Buyer must provide proof of its financial ability to make repairs.
Point system —the Bids will be ranked by a point system with a total of 100 points possible.
Bid Price: 20 points
First Time Home Buyer: 20 points
Workforce Housing Buyer: 20 points
LMI Buyer: 20 points
Veteran: 20 points
Tie Breaker: Highest Bid Price
ATTACHMENT B
ACCEPTED DOCUMENTS
First Time Home Buyer: Complete form with residence information for last five (5) years.
Workforce Housing Buyer: Provide proof of employment — current company ID, current pay stub.
LMI Buyer: Provide proof of income — current two (2) pay stubs and prior year tax return.
Veteran: DD214.
Financial Ability: Savings account, loan preapproval or line of credit/credit card balance available AND prior year tax
return.
Date of document: October 11, 2017
Vacant/Abandoned Tax Sale Properties
Overview
Tax Sale Process –“No-Bid” Properties
•Numerous vacant and abandoned properties
are subject to the Washington County tax sale
process every year.
•If no tax sale bids are received and/or winning
bidders fail to follow through with foreclosure,
subject properties remain in the tax sale cycle
year after year.
What causes the “No-Bid”phenomenon in the
tax sale process?
•Delinquent tax amounts that far exceed the
value of the property
•Deteriorating property conditions
•Lack of feasible development options
•A combination the above
Impact of “No-Bid” Tax Sale Properties
Most, if not all, vacant and abandoned tax sale
properties have very negative impacts in our City
and County. These impacts include:
•Suppressed property values
•Attraction of illicit activity
•Neighborhood blight
•Increased demand for Police, Fire, EMS services
and Code Inspection staff
•Ongoing loss of tax revenue
Delinquent Tax Amounts: 43 “No-Bid”
Parcels Within the City of Hagerstown
City Taxes
$1,037,553
Wash. Co.
Taxes
$99,332
State Taxes
$13,436
Amounts shown represent total of all
43 parcels. Parcels in question received
Average Tax Delinquency Per Parcel-43 “No-
Bid” Parcels Within the City of Hagerstown
$25,306
$2,422
$327
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
City Wash. Co.State
Cyclical Tax Sale Properties –City Map
Cyclical Tax Sale Properties –County Map
Example Parcel: 661-663 Pennsylvania Ave.
Entered Tax Sale Cycle in 2016
Delinquent Tax Amounts:City -$75,418 County -$3,606
State -$490
Current Assessed Value:$145,100
Example Parcel: 10-12 Elizabeth St.
Entered Tax Sale Cycle in 2014
Delinquent Tax Amounts:City -$43,203 County -$4,221
State -$574
Current Assessed Value:$68,600
Example Parcel: 339 N. Jonathan St.
Entered Tax Sale Cycle in 2014
Delinquent Tax Amounts:City -$5,853 County -$1,298
State -$176
Current Assessed Value:$50,200
Example Parcel: 38-40 Charles St.
Entered Tax Sale Cycle in 2015
Delinquent Tax Amounts:City -$17,928 County -$3,529
State -$480
Current Assessed Value:$85,800
Example Parcel: 600 N. Mulberry St.
Entered Tax Sale Cycle in 2015
Delinquent Tax Amounts:City -$11,876 County -$3,425
State -$466
Current Assessed Value:$80,000
Example Parcel: 572-574 Pen Mar Ave.
Entered Tax Sale Cycle in 2005
Delinquent Tax Amounts:City -$34,646 County -$1,622
State -$214
Current Assessed Value:Two separate parcels each assessed at $10,000
Example Parcel: 15-17 Elizabeth St.
Entered Tax Sale Cycle in 2006
Delinquent Tax Amounts:City -$92,079 County -$3,927
State -$504
Current Assessed Value:$15,000
Proposed Solution –City Acquisition via Tax Sale
Foreclosure
The City of Hagerstown is planning to implement a program modeled after Dorchester County’s Tax Sale Property Repurpose Program. The program would be implemented to:
1.Inspire and enable redevelopment throughout the City of Hagerstown by repurposing vacant and abandoned properties unable to transfer to new ownership through the standard tax sale process.
2.Eliminate neighborhood blight and increase property values through building demolitions, rehabilitation, and new construction.
3.Provide opportunities for housing through private sector partners.
Process to Repurpose “No-Bid” Tax Sale Properties
•Identification of “no-bid” tax sale property or properties that are vacant/abandoned and subject to multiple tax sales without transfer of ownership
•City of Hagerstown seeks a developer/partner/end user for a select property or properties prior to proceeding with property foreclosure
•After identifying developer/partner/end user, City forecloses on property or properties and takes necessary steps to resell property to developer/partner/end user
•If demolition is required, the City demolishes property immediately while under City ownership or requires developer/partner/end user to undertake demolition
•Previous owner of record remains liable for uncollected tax amounts and judgment is entered for any remaining delinquent taxes
Washington County and City of Hagerstown
Partnership –Reducing or Forgiving Delinquent
Taxes to assist with City Acquisition and Disposition
In order to get “No-Bid” properties transferred back to
private and productive ownership, delinquent tax
amounts would need to be reduced or forgiven.
•City would incur cost of legal fees related to
foreclosure process
•Recognizing the delinquent tax amounts will likely
never be recouped, City would reduce or forgive City
taxes in order to acquire and dispose of property for
viable, productive property reuse.
•Seeking partnership from Washington County to also
forgive or reduce delinquent County taxes for
properties repurposed through program.
Questions?
CITY OF HAGERSTOWN, IMARYLAND
Donna K. Spickler
City Clerk
One East Franklin Street • Hagerstown, MD 21740
Mil: dsgicklerGr?haeersto%%,nmd, ra
Tel on : 301,766.4183 `TDD: 301.797.6617
TO: Mayor and City Council Members
Scott Nicewarner, City Administrator
FROM: Donna K. Spickler, City Clerk
SUBJECT: Medium -Range Growth Area (MRGA) and Economic Development Goals
DATE: August 22, 2019
During the joint meeting with the Board of County Commissioners on Tuesday, August 27,
2019, the Mayor and City Council would like to discuss the Medium -Range Growth Area
(MRGA) and Economic Development Goals.
A copy of the documents that will be reviewed are attached.
Thank you.
SUSTAINABLE
�.,. tMARYLANDI Ft!
NAGERSTOW N aan '
44„rt` �1�1t1i1: t�1�11� 1 �ti,� C I T I L' S
Hagerstown Comprehensive Plan
vision Hagerstown 2035
Water Demand Based on Growth Projections
Proiected Growth between 2015 and 2035 and Capacity (all in EDU's)
15 MGD
at
Potomac
Potomac (15
MGD) &
Edgemont
18 MGD
at
Potomac:
1
Total Water Supply - Potomac is 15 MGD and Edgemont is 0.7 MGD
75,000
78,500
90,000
2
Existing peak water demand (peak demand in summer months in 2015)
70,000
70,000
70,000
3
Capacity gain from leak detection program - 1.8 MGD or 9,000 EDU's
9,000
9,000
9,000
4
Available Capacity in the System for New Development
14,000
17,500
29,000
5
New residential demand from Map 2-3
4,837
4,837
4,837
6
New non-residential demand from Map 2-3 (assumes 25%of total demand)
1,612
1,612
1,612
7
Increased water permit requests by Towns (unused allocation plus increase of 1,700
by smithsburg)
2,858
2,858
2,858
8
Water demand from LRGA properties with pre -annexation agreements (total is 2,071)
1,036
1,036
1,036
9
Sub -Total of Projected Demand
10,343
10,343
10,343
10
Capacity Available for Other MRGA growth (line 4 minus line 9)
3,657
7,157
18,657
Ultimate Demand if Built Out and Capacity (all in EDU's)
1
Available Water Supplies at Hagerstown WTP
75,000
78,500
90,000
2
Existing Water Demand (peak demand in summer months in 2015)
70,000
70,000
70,000
3
Capacity gain from leak detection program - 1.8 MGD or 9,000 EDU's
9,000
9,000
9,000
4
Available Capacity in the System for New Development [(1-2) + 3]
14,000
17,500
29,000
5
Potential new water demand in City and MRGA (see Wastewater Analysis)
20,668
20,668
20,668
6
Potential new demand from Towns (2,858) and Prlor Annexation Policy approvals
(2,071)
4,929
4,929
4,929
7
l otal Ultimate Potential New Water Demand In City and MRGA (5+6)
25,597
25,597
25,597
8
Capacity Deficit (line 4 minus line 7)
11,597
-8,097
3,403
Data from Figures 4-6, 4-7, and 4-8 in Comp Plan, with below caveats:
1. Corrections were made to math errors related to projected non-residential demand in Figure 4-1
and sum of residential demand In Figure 4-2, which affected Figures 4-7 and 4-8.
2. Leak detection work removed 1.8 MGD from existing peak water demand number from 2015.
3. Because of Monging MDE requirements and fundin_q, Edgemont is no longer viable for rapacity planning.
Using Potomac along for this study.
4. When reach 80% capacity of plant (12 MGD or 60,000 EDU), the City can request an increase In our permit
for Potomac up to 18 MGD total. Any increase from 18 MGD to 20 MGD (plant max) would require
hydrolic upgrade and addressing system pressure issues with transmission mains.
Average daily demand was 10 MGD In 2018.
PCAD, 7/15/19; 8/1/19 - added 18 MGD permit increase; 8/20/19 modifications for clarity
Hagerstown Comprehensive Plan
vision Hagerstown 2035
Wastewater Demand Based on Growth Projections
Projected Growth between 2015 and 2035 and HWWTP Capacity (all in EDU's)
10.5 MGD
8.0 MGD
1
WWTP Approved Total Capacity
52,500
40,000
2
Average Daily Flows In 2010-2014
36,600
36,600
3
Capacity reserved for Turned -Off Accounts
2,272
2,272
4
Available Capacity at Hagerstown WWTP in 2015
13,628
3,400
5
Projected Residential Demand from Map 2-3
4,837
4,837
6
Projected Non -Residential Demand from Map 2-3 (assumes 25% of total demand)
1,612
1,612
7
Net Available Capacity far Other MRGA development
7,179
-3,049
8
Additional Capacity from I&I Repairs
1,700
1,700
9
Additional Capacity from Flow Transfer Agreement
4,125
4,125
10
Available Capacity if Line 8 & 9 Occur
13,004
2,776
Ultimate Wastewater Demand If Built Out (all in EDU's)
1
ruture development in City and Potential Annexations (from Map 2-3)
6,449
6,449
2
Future residential development in MRGA (1,868 acres)
8,606
8,606
3
Future non-residential development in MRGA (4,677 acres)
5,613
5,613
4
Sub -Total of Potential Demand in MRGA
14,219
14,219
5
Total Demand in City and MRGA at Full Build Out (line 1 plus line 4)
20,668
20,668
Ultimate Demand and Capacity (all in EDU's)
1
Available Net Capacity at Hagerstown WWTP (if I&I repairs and Flow Transfer occurs)
13,004
2,776
2
Future MRGA development treated at Conococheague WWTP (2,049 acres = 1,172 resid
units and 2,214 EDU's of non-resid = 3,386 EDU's)(pius 226 EDU's for Snook annexation in
CCSA)
3,612
3,612
3
Net Available Capacity
16,616
6,388
4
Ultimate Potential Demand
20,668
20,668
5
Capacity Deficit (line 3 minus line 4)
-4,052
14,280
Data is from Figure 2-4, 4-1, 4-2, 4-3, and 4-4 in Comp Plan with below caveat:
Corrections were made to math errors related to projected non-residential demand in Figure 4-1
and suin of residential demand in Figure 4-2, which affected totals in all figures.
MDE will not allow increase in nutrient load over 8.0 MGD plant capacity unless the City completes a capacity
management study. Even with the study completed, the City cannot comply with the restricted load
requirements - the limiting factor is phosphorus,
PCAD, 7/9/19; 7/15/19 with 8.0 MGD analysis; 8/20/19 with additions to top chart
visionHagerstown 2035
Land Yield Assumptions for Vacant Land in MRGA
Land Type
Total
Acreage
Land Yield Formula
Non-residential
4,677
1.2 EDU/acre
Medium density residential
817
6 EDU/acre
Moderate density residential
1,048
3.5 EDU/acre
High density residential
3
12 EDU/acre
TOTAL VACANT LAND OUTSIDE CITY IN MRGA
6,545
Total Acreage of Undeveloped Non -Residential Land in MRGA - Outside the City
Development Area
Acres
WWTP
EDU
Demand
Hopewell Valley - Economic Development Target Area
823.417
County
988
Friendship Tech Park - Economic Development Target Area
297.21
County
357
Sharpsburg Pike Area
164.59
County
197
Showalter Road Area
236.965
JSA
284
Maugans Avenue Area
94.45
JSA
113
Planned Industrial Area North of US40
456.69
County
548
Mount Aetna Tech Park
237.08
City
284
US40 Area South of 1-70
102.78
City
123
Leitersburg Pike Area
94.9
JSA
114
Pennsylvania Avenue Area
18.2
JSA
22
TOTAL
2526.282
3030
Zoning Classification
Acres
BG Zoning
123.51
HI
1150.592
Industrial
403.47
Planned Industrial
456.69
ORI
392.02
TOTAL
2526,282
10-Jun-19 16-Jul-19
WWTP AND WASTEWATER DEMAND
WWTP
Acreage
EDU
Demand
County
1,742
2,090
City
784
940
2,5261
3,030
Source of Data - Washington County Parcel Map and SDAT
Prepared by City of Hagerstown PCAD
Undeveloped or Underdeveloped Land Zoned for Commercial or Industrial Uses
MRGA - Outside the City
Hopewell Valley
- Economic ueveiopment i arget Area
Lot
Zoning
Owner
Acreage
M36 L236
BG
Bo Edward Shenebeck
10.41
M48 L804
IG
James W. Haddock
77.55
M36 L237
IG
UP Associates Ltd Ptnshp
203
M36 L448 JIG
Hagerstown Venture LLC
26.05
M36 L382 JIG
Edwin L. Hartle
10.57
M36 L422
IG
Hagerstown 20 LLC
20
M48 L5
IG
MLD Ltd Ptnshp
46.93
M48 L865
IG
Thomas Bennett & Hunter Inc
19.37
M48 L796
HI
CXS Minerals
17
M48 L6
IHI
2004 Halfway Blvd LLC
44.267
M48 L912
HI
2004 Halfway Blvd LLC
12
M48 L947
HI
Washington County Commissioners
32.68
M48 L930
HI
Washington County Commissioners
6.35
M48 L959
HI
Rowland on Holdings LLC
3
M48 L882
HI
Rowland on Holdings LLC
4.8
M48 L1
JHI
Bowman 2000 LLC
119.19
M36 L29
IHI
Bowman 2000 LLC
55.93
M48 L945
IHI
Fed Ex
9.66
M36 L431
HI
RLR Investments
16.35
M36 L564
HI
AMS LLC c/o Leroy Myers
32.53
M36 L28
HI
LEGE Farm LLC
55.78
TOTAL
823.417
Grianrichin Terhnnlnev Park - Economic Development Target Area
Lot
Zoning
Owner
Acreage
M57 L258
HI
Downsville Lot Al 50 LLC
50.44
M57 L464
HI
Downsville Lot A2 28 LLC
28.91
M57 L262
HI
Downsville Lot A3 62 LLC
62.92
M57 L179
ORI
Downsville Lot B & 169 & 77 LLC
70.25
M57 L96
ORI
Downsville Lot C20 LLC
17.33
M57 L618
ORI
Downsville Lot D 15 LLC
15
M57 L608
ORI
Downsville Lot E F & G LLC
33
M57 L630
JORI
Downsville Lot E F & G LLC
19.36
TOTAL
297.21
Sharpsburg Pilce Area
Lot
Zoning
Owner
Acreage
M57 L161
HI
Interstate 70 Partners LLC (Hilton Smith)
62.56
M57 L531
HI
Interstate 70 Partners LLC (Hilton Smith)
55.48
M57 L579
HI
Cross Creek Builders LLC (Hilton Smith)
11.4
M57 L639
IHI
JCross Creek Builders LLC (Hilton Smith) d77A
M57 L152
HI
Bowman 2000 LLC
M57 L160
HI
Sharspburg Pike Holding LLC (Washco)
12.67
M57 L629
IHI
Washco Arnett Fram LLC
11.76
TOTAL
164.59
Showalter Road Area
Lot
Zoning
Owner
Acreage
M24 L503
HI
Showalter Farm LLC (Bowman)
86.86
M24 L470
HI
Perini Industrial Land LLC
46.71
M24 L1027
HI
Perini Industrial Land LLC
20.135
M24 L446
IHI
DRI/TCC Vista LLC (Trammell Crow)
83.26
TOTAL
1 236.965
Maugans Avenue Area
Lot
Zoning
Owner
Acreage
M24 L523
HI
Mary Dahbura
46.95
M24 L82
HI
Orchard Business Park Ltd Ptnshp
19.64
M24 L1184
HI
DFLP SIDE LLC
15.51
M24 L512
HI
DFLP SPE LLC
12.35
TOTAL
94.45
Planned Industrial Area North of US40
Lot
Zoning
Owner
Acreage
M36 L13
PI
Lawayne Martin
239.87
M36 L414
PI
Patrick Moler
23.12
M36 L18
PI
Dickinson Family Ltd Ptnshp
134
M36 L12
IPI
1131aine Properties Ltd Ptnshp
49.46
M36 L417 JJPI
lEdward Blaine A Revocable Trust
10.24
TOTAL
456.69
Mount Aetna Technology Park
Lot
Zoning
Owner
Acreage
M50 L295
ORI
Hagerstown Washington County Industrial
Foundation
161.37
M50 L1718
ORI
Meritus Medical Center Inc.
75.71
TOTAL
237.08
US 40 Area South of 1-70
Lot
Zoning
Owner
Acreage
M58 L81
HI
PSP Ltd
34.53
M58 L328
HI
David Merchant
28.54
M58 L51
HI
Pertery LLC
39.71
TOTAL
1 102.78
Leitersburg Pike Area
Lot
Zoning
lowner
jAcreage
M38 L13
JBG
lHoIcim US Inc
1 94.9
Panncvlvani;; Avenue Area
Lot
Zoning
jOwner
Acreaqe
M24 L433
BG
North Village Development Co Inc
10-1un-19
Source of Data - Washington County Parcel Map and SDAT
Prepared by City of Hagerstown PCAD
Total Acreage & W&W Demand of Undeveloped or Under-utilized Residential Land in MRGA - Outside City
Zoning
Land Use
Density
Acres
Comp Plan Formula for
Determining EDU Demand
EDU Demand
if Develop
RS
Moderate
399
3.5 units/acre
1,396
RT
Moderate
755
3.5 units/acre
2,642
RU
Medium
402
6 units/acre
2,412
RM
High
123
12 units/acre
1,476
TOTAL
1679
TOTAL
7,926
UTILITY PROVIDER AND WASTEWATER DEMAND - Residential Development
WWTP
Acreage
EDU Demand
County
323
2,182
City
1151
4,144
Funkstown
205
1,596
TOTAL
16791
7,922
rounded down for 0.5
UTILITY PROVIDER AND WASTEWATER DEMAND - Non -Residential Development
WWTP
Acreage
EDU Demand
County
1,742
2,090
City
784
940
TOTAL
2,526
3,030
GRAND TOTAL - WASTEWATER GRAND TOTAL - WATER
WWTP
Acreage
EDU Demand
Water Provider
Acreage
EDU Demand
County
2,065
4,272
City
City
1,935
5,084
City
4,000
9,356
Funkstown
2051
1,596
Funkstown (City permit)
1 2051
1,596
TOTAL
4,2051
10,952
TOTAL
1 4,2051
10,952
PCAD, 7/16/19
Vacant or Under-utilized Residentially Zoned Land in MRGA
Halfwav Area
Lot
Zoning
Owner
Acreage
Utility for WW
EDU Demand
M49 L14
RU
Helen Kreyl<enbohm
35
County
210
M48 L226
RM
Signature Developments LLC
9
County
108
TOTAL
44
318
Funlcstown Area
Lot
Zoning
Owner
Acreage
Utility for WW
EDU Demand
M57 L502
RU
Richard H. Barron II
54
Funlcstown
324
M57 L167
RU
John Schnebley
19
Funlcstown
114
M57 L299
RU
Larry D. Artz Et Al
71
Funcstown
426
M58 L108
IRM
Lyles Family Ventures LLC
61
Funlcstown
732
TOTAL
South of 1-70
2051 1 15961
Lot
Zoning
Owner
Acreage
Utility for WW
EDU Demand
M57 L162
RU
Richard Roulette Trustee
110
County
660
M57 L623
RU
Claggets Farm LLC
65
County
390
TOTAL
175
1050
Black Rock Area
Lot
Izoning
lowner
jAcreage
Utility for WW
JEDU Demand
M50 L309
RT/PUD
IMansoor Emral Shaool
1 153
City
1 535
South of Jefferson
Lot
Zoning
Owner
Acreage
Utility for WW
EDU Demand
M50 L140
RT
William Beard
24
JSA
84
M50 L1587
RT
City of Hagerstown
12
City
42
M50 L287
RT
Jamie Kline
15
City
52
M50 L293
IRT
Austin S. Abraham Trustee Et Al
19
City
66
M50 L275
IRT
jAustin S. Abraham Trustee Et Al
40
City
140
TOTAL
North of Jefferson
1101( 3841
Lot
Zoning
Owner
Acreage
Utility for WW
EDU Demand
M38 L153
RS
John Cline
37
JSA
129
M38 L121
RS
Anthony Christopher Manilla
29
JSA
101
M38 L150
RS
Russell Huffman
16
JSA
56
M38 L75
RS
Jay Wagner
13
JSA
45
M38 L86
RS
Raymond Hause
31
JSA
108
TOTAL 126 439
South of Leitersburg Pike
Lot
Zoning
Owner
Acreage
Utility for WW
EDU Demand
M38 L15
and M38
L16
RT
Holcim US Inc.
120
JSA
420
Between US 11 and Leitersburg Pike
Lot
Zoning
Owner
Acreage
Utility for WW
EDU Demand
M25 L114
RS
Dan Ryan Builders
68
JSA
238
M25 L197
RT
Arlin Diller
78
JSA
273
M24 L427
RT
James T. Harp
68
JSA
238
M24 L432
IRS
I Lee Downey
50
JSA
175
M24 L1084
IRS
ITruman Martin
85
JSA
297
(TOTAL I 349�
Between MD 58 and US 11
1221
Lot
Zoning
Owner
Acreage
Utility for WW
EDU Demand
M24 L1105
RT
Grandview Acres LLC
36
JSA
126
M24 L529
RT
Grandview Acres LLC
52
JSA
182
M36 L12
RT
Blaine Properties Ltd Partnership
16
JSA
56
M24 L521
RU
Grandview Acres LLC
14
JSA
84
M37 L483
RT
Alvin Martin
52
JSA
182
M37 L850
RT
Grandview Acres LLC
19
JSA
66
M24 L1164
RU
Myron Martin
34
JSA
204
M24 L442
IRS
Steven Roy Martin
70
JSA
245
TOTAL
US 40 & MD 144 Area
293
1145
Lot
Zoning
Owner
Acreage
Utility for WW
EDU Demand
M36 L14
RM
CPW Landco LLC
31
County
372
M36 L212
RM
BP Landco LLC
22
County
264
M36 L227
RT
William Groh Pitzer
18
County
63
M36 L475
IRT
ISharon Hanley
10
County
35
M36 L477
IRT
IJames Haddock
23
County
80
TOTAL 1 104I
GRAND TOTAL 1 1,679
PCAD, 7 16 19
Source of Parcel Data - Washington County GIS Tax Parcel Map
Source of EDU Demand formula - Hagerstown Comp Plan
7,922
L I
M