HomeMy WebLinkAbout180918aIndividuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make
arrangements.
BOARD OF COUNTY COMMISSIONERS
September 18, 2018
OPEN SESSION AGENDA
08:30 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Terry L. Baker
APPROVAL OF MINUTES – August 21, 2018
08:35 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 the acquisition of real property for a public
purpose and matters directly related thereto; 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 staff, consultants, or other individuals about pending
or potential litigation; and 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
10:35 A.M. POLICY NO. PR-40 WEAPONS IN COUNTY FACILITIES – James B. Hovis, Chief
Operations Officer, and Sheriff Douglas Mullendore, Washington County Sheriff’s Office
10:45 A.M. TRACY LYNNE MCCLEARY FARM RURAL LEGACY PROGRAM (RLP)
EASEMENT – Eric Seifarth, Rural Preservation Administrator, Department of Planning
& Zoning
10:55 A.M. COMMUNITY DEVELOPMENT BLOCK GRANT PLANS FOR RENEWAL – Tina
Wilson, Senior Grant Manager, Office of Grant Management
11:00 A.M. RECESS
EVENING MEETING AT THE TOWN OF SMITHSBURG
Location: 21 West Water Street, Smithsburg, MD
07:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Terry L. Baker
Terry L. Baker,
Jeffrey A. Cline, Vice
President
John F. Barr
Wayne K. Keefer
LeRoy E. Myers, Jr.
WWW.WASHCO-MD.NET
Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make
arrangements.
07:05 P.M. TOWN OF SMITHSBURG LEADERS’ REPORTS AND COMMENTS
07:10 P.M. COMMISSIONERS’ REPORTS AND COMMENTS
07:20 P.M. REPORTS FROM COUNTY STAFF
07:25 P.M. CITIZENS PARTICIPATION
07:30 P.M. SMITHSBURG WASTEWATER TREATMENT PLANT UPGRADE – Dan DiVito,
Director, Division of Environmental Management, and Mark Bradshaw, PE, Deputy
Director, Engineering Services
07:40 P.M. ADJOURNMENT
Open Session Item
SUBJECT: Policy No. PR-40 Weapons in County Facilities
PRESENTATION DATE: September 18, 2018
PRESENTATION BY: James B. Hovis, Chief Operations Officer; and Sheriff Douglas
Mullendore, Washington County Sheriff’s Office
RECOMMENDATION: Move to approve as County policy the presented Policy No. PR-40
Weapons in County Facilities and to revise Policy No. PR-21 Violence in the Workplace to
coincide with new Policy No. PR-40.
REPORT-IN-BRIEF: The Board of County Commissioners is committed to providing a safe
and secure environment for its employees and visitors. This policy will prohibit anyone from
bringing into a County-owned facility or onto County-owned property a weapon of any kind,
including a firearm. This policy will clearly identify those individuals who may be exempted from
this policy. The policy also clearly defines several key components to allow for accurate
interpretation and practical application.
DISCUSSION: This policy is applicable to employees, visitors, and others entering County-
owned facilities or County-owned property, and prohibits such entry while possessing weapons or
firearms, unless expressly exempted due to status as a certified police officer in the State of
Maryland, a non-Maryland certified police officer acting in official capacity, or a LEOSA card-
carrying retired police officer in the State of Maryland. This policy does not exempt any person
who has been issued a concealed carry permit in Maryland or any other state.
The attached policy clearly defines prohibited weapons as well as items that shall be excluded as
weapons.
Employees of Washington County Government who violate this policy will be subject to
disciplinary action as well as criminal arrest if a violation of Maryland criminal law has occurred.
Visitors and others who violate this policy may have contraband seized and may be asked to leave
or may be removed from County-owned Facilities or property and may also be subject to criminal
arrest if applicable.
The attached Policy No. PR-21 Violence in the Workplace contains necessary proposed revisions
to ensure that the contents of the two policies are in accord.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
FISCAL IMPACT: N/A
CONCURRENCES: County Administrator
ALTERNATIVES: Modify or deny the policy proposals as presented.
ATTACHMENTS: Draft Policy No. PR-40 and Draft Revised Policy No. PR-21
AUDIO/VISUAL NEEDS: N/A
POLICY TITLE: Weapons in County Facilities
POLICY NO.: PR-40
I. POLICY STATEMENT
The Board of County Commissioners of Washington County, Maryland, is
committed to providing a safe and secure environment for employees and visitors.
This Policy identifies prohibited weapons in County-owned facilities and on
County-owned property and outlines procedures for reporting violations of this
Policy.
II. AUTHORITY
Board of County Commissioners of Washington County, Maryland
III. APPLICABILITY
A. Scope – Except as otherwise exempted herein, this Policy applies to all
Employees (as defined below), visitors, and others in any County-owned
building or facility or on any County-owned real property.
B. Exemptions – This Policy exempts the following:
a. Any current certified police officer in the State of Maryland;
b. Any non-Maryland certified police officer in his or her official
capacity; and
c. Any retired police officer of the State of Maryland possessing a
valid LEOSA (defined below) card from a Maryland law
enforcement agency.
C. Concealed Carry Weapons Permits – This Policy does not exempt any
person who has been issued a Concealed Carry Weapons permit within the
State of Maryland or any other weapons permit issued by any other
jurisdiction.
IV. DEFINITIONS
A. “County-owned Facilities” means all property and facilities owned, leased,
rented, or otherwise occupied by Washington County government,
including grounds, buildings, parking structures and lots, parks, vehicles,
and other equipment, and any other site where an Employee enters on
behalf of the Employee’s employment with Washington County
government or where a visitor enters such property or facility.
PR-40 Weapons in County Facilities Page 2
B. “Employee” or “Employees” means elected and appointed officials,
department heads, division directors, all full- and part-time employees,
board and commission members, and unpaid volunteers
C. “Firearm” means a weapon, by whatever name known, including Handgun
as defined herein, which is designed to expel a projectile by the action of
powder.
D. “Handgun” means any pistol or revolver using a fixed cartridge containing a
propellant charge, primer, and projectile, and designed to be aimed or fired
otherwise than from the shoulder.
E. “LEOSA” means the Law Enforcement Officers Safety Act, as amended.
Enacted in 2004, this United States federal law allows retired or separated
law enforcement officers to carry concealed firearms in any jurisdiction in
the United States, regardless of state or local laws, as long as they have
satisfied the conditions of LEOSA.
F. “Weapon” means a weapon of any kind, or any destructive device,
including, but not limited to, firearm, dirk, dagger, ice pick, slingshot, metal
knuckles, knife, or any similar instrument; mace, tear gas, OC (oleoresin
capsicum) spray, or any similar deleterious agent; stun gun or taser; and
club, bat, baton, billy club, bludgeon, knobkerrie, nunchaku, nightstick,
truncheon, or any similar instrument. Weapon also includes any weapon,
device, instrument, material, or substance which, under the circumstances in
which it is used, attempted to be used, or threatened to be used, is readily
capable of causing death or serious physical injury, or is specifically
designed for and presently capable of causing death or serious physical
injury.
V. POLICY
A. Prohibitions – Except as otherwise exempted or excluded herein, this Policy
prohibits anyone from bringing any Weapon or Firearm into any County-
owned Facilities or onto County-owned property.
B. Exclusions – The following items possessed by any Employee are excluded
from this Policy:
a. Serving utensils when used for eating, handling food, etc.;
b. Self-defense sprays carried for personal protection as long as such
items are stored out of sight and in the Employee’s personal
belongings, e.g., purse, briefcase, etc. The self-defense spray must
be contained in a commercially manufactured, capped aerosol
device containing no more than four (4) ounces of spray with less
than ten percent (10%) concentration of capsicum.
PR-40 Weapons in County Facilities Page 3
c. Sporting equipment stored in vehicles for personal use, i.e., baseball
bats, martial arts equipment, golf clubs, etc. Firearms, biological or
chemical Weapons, or any explosive devices are not considered
sporting equipment for the purposes of this Policy;
d. Small and ordinary pocket knives or multi-tool devices, letter
openers, and other similar small, common, and ordinary items
carried or possessed for utility purposes.
VI. VIOLATIONS
A. Any Employee of Washington County government who violates this Policy
will be subject to disciplinary action pursuant to applicable County policy
and may be subject to criminal arrest if a violation of Maryland criminal
law has occurred.
B. Any visitor or other person entering County-owned Facilities in violation of
this Policy may have the violating contraband confiscated and may be
immediately asked to leave or may be removed from the County-owned
Facilities, and may be subject to criminal arrest if a violation of Maryland
criminal law has occurred.
PR-40 Weapons in County Facilities Page 4
Policy Actions
Action Taken Approval Date Effective Date
POLICY TITLE: Violence in the Workplace
POLICY NO.: PR-21
I. GENERAL POLICY
All employees have the right to work in an environment free from threats,
intimidation, and violence. Such behavior, in any form, will not be tolerated in the
County Workplace.
II. PURPOSE
This Policy describes unacceptable behavior and establishes guidelines for
reporting, investigating, and addressing situations in the Workplace which involve
threatening acts, intimidation, or violence.
III. SCOPE
This Policy applies to all Employees as defined herein.
IV. DEFINITIONS
The following terms as used in this Policy are defined as follows:
A. “Employee” or “Employees” means elected and appointed officials,
department heads, division directors, all full- and part-time employees,
board and commission members, and unpaid volunteers.
B. “Law Enforcement Personnel” are as defined in the Annotated Code of
Maryland, Article 27, Section 36F, as from time to time amended.
C. “Person” and “Persons” include one or more individuals, associations,
corporations, partnerships, or unincorporated associations.
D. “Threat” means the implication or expression of intent to inflict physical
harm or actions that a reasonable person would interpret as a threat to
physical safety or property.
E. “Threaten” means to menace or to express, through oral, written, or any
other means, an intention to inflict pain, injury, or harm upon a person or
thing.
F. “Violence” and “Violent Act” mean physical force or verbal abuse exerted
for the purpose of intimidation or for the purpose of harming, damaging, or
causing injury to persons or property.
PR-21 Violence in the Workplace Page 2
G. “Weapon” means guns, knives, or any other instruments which can be used
to cause injury in an unlawful mannerhas the definition as set forth in Policy
No. PR-40 Weapons in County Facilities.
H. “Workplace” means any location, either permanent or temporary, where an
employee performs any work-related duty. This includes, but is not limited
to, the buildings and the surrounding perimeters, including the parking lots,
field locations, alternate work locations, and travel to and from work
assignments.
V. PROHIBITED ACTIVITIES
A. Employees are prohibited from engaging in the following activities during
the course of employment with the County:
1. Threatening or committing any Violent Act against another Person
or Employee in the Workplace;
2. Intentionally and/or maliciously damaging or destroying the
property of another person or Employee;
3. Bringing a Weapons of any kind onto County property without
written permission from both the County Administrator and the
County Attorney, except that Law Enforcement Personnel may
possess legally authorized Weaponsinto County-owned Facilities or
onto County-owned property in violation of Policy No. PR-40
Weapons in County Facilities.
VI. PROCEDURE
A. Managing the Violent Situation
1. Contacting Law Enforcement Personnel
a. Employees are encouraged to seek the immediate assistance
of Law Enforcement Personnel when confronted with
situations which are Violent, or which have the potential of
becoming Violent. If a telephone can be safely accessed, an
employee should dial “9-1-1,” should describe the situation
and location where the incident is occurring, and, if possible,
should maintain telephone contact with the “9-1-1”
dispatcher until the police arrive, or until the “9-1-1”
dispatcher indicates the call may be ended.
PR-21 Violence in the Workplace Page 3
2. Other Actions
a. When confronted by a verbally abusive Person or Persons,
an Employee should undertake the following actions if able
to do so safely:
i. Attempt to restore calm by courteously asking the
Person or Persons to cease their verbally abusive
actions;
ii. Notify a supervisory Employee of the situation as
soon as possible; and
iii. Request the assistance and aid of fellow Employees.
b. When confronted by a Person or Persons Threatening bodily
harm, an Employee should undertake the following actions if
able to do so safely:
i. Leave the presence of the Threatening Person;
ii. Notify a supervisory Employee of the situation as
soon as possible; or
iii. Contact law enforcement personnel if necessary.
c. When an Employee observes a Person, other than Law
Enforcement Personnel, possessing a Weapon while on
County property, an Employee should immediately call Law
Enforcement Personnel.
C. Reporting the Violent or Threatening Act or Situation
1. An Employee who has witnessed a Violent Act or Threat of
Violence in a County Workplace, or who has knowledge of facts
causing the Employee to reasonably believe a Violent situation is
present or is Threatened in the County Workplace, shall
immediately report the act or situation to:
a. His or her immediate supervisor;
b. His or her department head or division director; or
c. The County Attorney.
PR-21 Violence in the Workplace Page 4
2. A supervisor who has witnessed a Violent Act or Threat of Violence
in a County Workplace, who has knowledge of facts reasonably
causing him or her to believe a Violent situation is present or is
Threatened in a County Workplace, or who has received a report
from an Employee that a Violent Act or Threat occurred or exists in
a County Workplace, shall immediately report the act or situation to:
a. The department head or division director; or
b. The County Attorney.
3. After receiving a report that a Violent Act or Threat of Violence has
occurred, or that a Violent situation or Threat occurred or exists in a
County Workplace, the department head or division director and the
County Attorney shall immediately report the matter to the County
Administrator and the Director of Health and Human Services,
orally and in writing.
4. In making reports under this policy, an employee shall provide as
much factual information and detail as possible and shall reduce
such report to writing.
D. Investigation of Violent or Threatening Acts of Situations
1. To the extent practicable, appropriate, and required by applicable
law, confidentiality will be maintained throughout the investigatory
process.
2. The Director of Health and Human Services, with the assistance of
the County Attorney or other legal counsel or other appropriate
management employees, will conduct any investigations under this
Policy unless the County Administrator determines otherwise.
3. All Employees have a duty to cooperate in any investigation
conducted under this Policy.
VII. DISCIPLINE
A. Discipline for Employees Engaging in Prohibited Conduct
An employee who has engaged in prohibited conduct under this Policy will
be disciplined. Appropriate discipline will be determined by the County
Administrator after consultation with the Employee’s department head or
division director, the Director of Health and Human Services, and the
County Attorney, and may include reprimand, demotion, suspension
without pay, and/or recommendation for termination.
PR-21 Violence in the Workplace Page 5
B. Discipline for Other Violations of this Policy
An Employee who fails to report Violent or Threatening Acts or situations
as required by this Policy, or who fails to cooperate with investigations
conducted under this Policy, will be disciplined. Appropriate discipline will
be determined by the County Administrator after consultation with the
Employee's department head or division director, the Director of Health and
Human Services, and the County Attorney, and may include reprimand,
demotion, suspension without pay, and/or recommendation for termination.
VIII. GENERAL PROVISIONS
A. The Employee Assistance Program (EAP) is available to all County
Employees and includes counseling and referral services. Employees
should use the services of the EAP to prevent and deal with Violent Acts
and situations and Threats of Violence occurring in the Workplace.1
B. Recommendations and suggestions from Employees for improving security
and reducing the risk of Violence and Threats in the Workplace are
encouraged and should be made in writing to the Employee's department
head or division director, the Director of Health and Human Services, the
County’s Safety Administrator, or the County’s Safety Committee.
C. Because the County does not tolerate Threats, intimidation, or Violence in
the Workplace, the County will, to the extent practicable, appropriate, and
permitted by law, investigate any incident involving a non-employee and
will take any action necessary to remove Threats posed by non-employees.
The County encourages the reporting of all incidents covered by the terms
of this Policy, regardless of the offender’s identity, in accordance with the
procedures established in this Policy.
1 See Policy No. EB-14 Employee Assistance Program (EAP) for information on available services.
PR-21 Violence in the Workplace Page 6
Policy Actions
Action Taken Approval Date Effective Date
Open Session Item
SUBJECT: Tracy Lynne McCleary Farm Rural Legacy Program (RLP) Easement
PRESENTATION DATE: September 18, 2018
PRESENTATION BY: Eric Seifarth, Rural Preservation Administrator, Department of
Planning & Zoning
RECOMMENDED MOTION: Move to approve the McCleary farm contract purchase RLP
Easement project, in the amount of $669,600.00 for 188 easement acres, paid for 100% by the
Maryland Department of Natural Resources, and to adopt an ordinance approving the easement
purchase and to authorize the execution of the necessary documentation to finalize the easement
purchase.
REPORT-IN-BRIEF: The McCleary property is located at 7608 University Rd, Boonsboro.
The Rural Legacy Easement will serve to permanently preserve a valuable scenic,
environmental, agricultural and historic property in the County. The farm contains about 109
acres of cropland, 24 acres of pasture and about 50 acres of woodland. Located in the viewshed
of Sharpsburg Pike, a main approach road for the Battle of Antietam, the parcel has borne
witness to an important era of American history. In addition to the area being heavily trafficked
during the Civil War, the property has also been reported to be the location of a school room “for
the children of slaves” according to a September 3, 1995 Herald Mail article. Additionally, the
farmstead is on the Maryland Inventory of Historic Places. The farm is in an area of the County
adjacent to thousands of acres of preserved farmland near Antietam Battlefield and will serve to
add to the current block of protected lands. Seven (7) development rights will be extinguished
with this easement. Since 1998, Washington County has been awarded more than $22 million to
purchase Rural Legacy easements on more than 6,400 acres near Antietam Battlefield in the Rural
Legacy Area. RLP is a sister program to the Maryland Agricultural Land Preservation Program
(MALPP) and includes the protection of environmental and historic features in addition to
agricultural parameters. RLP uses an easement valuation system (points) to establish easement value
rather than appraisals used by MALPP.
DISCUSSION: For FY 2019, Washington County was awarded RLP grants totaling $2,301,545.
The McCleary RLP Easement uses part those funds, and a small portion of leftover FY 18 RLP
funds. Easement applicants were previously ranked based on four main categories: the number of
development rights available, the quality of the land/land management (agricultural component),
natural resources (environmental), and the historic value.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
FISCAL IMPACT: RLP funds are 100% State dollars, mainly from DNR Open Space funds. In
addition to the easement funds, we receive up to 3% of the easement value for administrative costs, a
mandatory 1.5% for compliance/monitoring costs, and funds to cover all of our legal/settlement
costs.
CONCURRENCES: Both the State RLP Board and the State Department of Natural Resources
(DNR) staff have approved and support our program. A final money allocation will be approved by
the State Board of Public Works.
ALTERNATIVES: If Washington County rejects State funds for RLP, the funds will be allocated
to other counties in Maryland.
ATTACHMENTS: Aerial Map, Location Map, Ordinance
AUDIO/VISUAL NEEDS: N/A
Created By: Department of Planning and Zoning GISS:\Policy
WARNING!: This map was created for illustration purposes only. It should not be scaled or copied. Sources of the data contained hereon are from various public agencies which may have use restrictions and disclaimers.
MANORCHURCHRD
UNIVERSITY RD
MD iMAP, DoIT
McCleary - 188 Acres
7608 University Road
Boonsboro, MD 21713
McCleary Property
Streams
Lakes and Ponds
¹
McCleary - Aerial
Created By: Department of Planning and Zoning GISS:\Policy
WARNING!: This map was created for illustration purposes only. It should not be scaled or copied. Sources of the data contained hereon are from various public agencies which may have use restrictions and disclaimers.
Fairplay
Tilghmanton
LAPPANSRD
SHARPSBURGPIKE
KNOLLDR
SHADYLN
SPIELMANRD
MANORCHURCHRD
ABBOTTDR
PRINTZRD
SMOKETOWNRD
KEEDYSVILLERD
UNIVERSITYRD
BAKERSVILLERD
McCleary - 188 Acres
7608 University Road
Boonsboro, MD 21713
McCleary Property
Rural Legacy Boundary
Preserved Lands
Agricultural Districts
Rural Villages ¹
McCleary - Location
ORDINANCE NO. ORD-2018-___
AN ORDINANCE TO APPROVE THE PURCHASE OF A CONSERVATION
EASEMENT UNDER THE MARYLAND RURAL LEGACY PROGRAM
(Re: McCleary RLP Conservation Easement)
RECITALS
1. The Maryland Rural Legacy Program ("RLP") provides the funding necessary to
protect large, contiguous tracts of land and other strategic areas from sprawl development and
to enhance natural resource, agricultural, forestry and environmental protection through
cooperative efforts among State and local governments.
2. Protection is provided through the acquisition of easements and fee estates from
willing landowners and the supporting activities of Rural Legacy Sponsors and local
governments.
3. For FY 2018, Washington County (the "County") was awarded a RLP grant
totaling $1,359,000.00, and for FY 2019, the County was awarded a RLP grant totaling
$2,301.545.00 (the "RLP Funds").
4. The Estate of Warwick E. Browning is the owner (the “Property Owner”) of
certain real property located in Washington County, Maryland, consisting of approximately 188
acres of land, more or less, (the “Property”). The Property is more particularly described on
Exhibit A attached hereto.
5. The Property Owner has agreed to sell the above-referenced property to Tracy
Lynne McCleary (the "Contract Purchaser").
6. The County has agreed to pay the sum of approximately SIX HUNDRED SIXTY-
NINE THOUSAND, SIX HUNDRED DOLLARS ($669,600.00), which is a portion of the RLP Funds, to
the Contract Purchaser for a Deed of Conservation Easement on the Property (the “McCleary
RLP Conservation Easement").
THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington
County, Maryland that the purchase of a conservation easement on the Property be approved
and that the President of the Board and the County Clerk be and are hereby authorized and
directed to execute and attest, respectively, all such documents for and on behalf of the County
relating to the purchase of the McCleary RLP Conservation Easement.
ADOPTED this ____ day of __________________, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
__________________________ BY:
Krista L. Hart, Clerk Terry L. Baker, President
Approved as to legal sufficiency:
Mail to:
_____________________________ Office of the County Attorney
John M. Martirano 100 W. Washington Street, Suite 1101
County Attorney Hagerstown, MD 21740
EXHIBIT A - DESCRIPTION OF EASEMENT PROPERTY
All that tract of land together with any of the improvements thereon and all rights,
ways, privileges, waters, alleys and appurtenances thereunto belonging or in anywise
appertaining, containing approximately 188 acres, more or less, situate in Election District
No. 12, Washington County, Maryland, near the Manor Church, adjoining the lands of
said Manor Church, and being part of a tract of land called "Re-survey on Three Springs"
and beginning for a description of the same at a stone set at the beginning of part of said
land conveyed by John Booth and Drusilla Booth, his wife, to Jacob Wolf by deed dated
May 13, 1822, and running thence North 54 ¼ degrees West 41 ½ perches to a stone;
thence South 26 degrees West 28 perches to a stone planted on the South side of the bank;
thence North 49 degrees West 37 ½ perches to a stone at the end of the second line of the
aforementioned deed and with it South 34 degrees West 26 perches to a stone; thence South
17 degrees East 6 perches to a stone; thence South 67 degrees West 160 perches to a stone;
thence South 30 ¼ degrees East 70 ½ perches to a stone; thence South 47 ½ degrees West
83 1/4 perches to a stone; thence North 83 1/2 degrees West 22 ¼ perches to a stone; thence
South 47 ½ degrees West 56 perches to a stone standing in a line of Jacob Poffenberger's
part of the aforementioned land; thence with said land South 83 ½ degrees East 120 ½
perches to a stone; thence North 21 degrees East 68 perches to a stone; thence South 59
degrees East 90 ½ perches to a stone planted on the eleventh line of the aforementioned
deed; thence with the said eleventh line North 21 degrees East 191 ½ perches to a stone;
thence by a straight line to the place of beginning; containing 198 acres of land, more or
less.
SAVING AND EXCEPTING THEREFROM, the two parcels of land, conveyed by
Daniel Wolf and wife to Jacob Warrenfeltz by the following Deeds dated and recorded
among the Land Records of Washington County, Maryland: (i) Deed dated October 7, 1852 and
recorded in Liber I.N. 11, Folio 78; and (ii) Deed dated February 4, 1856 and recorded in Liber
I.N. 11, Folio 81.
The street address of the herein described property is currently known and designated
as 7608 University Road, Boonsboro, Maryland.
BEING all of the same property which was conveyed from Samuel H. Lefever and Ruth
L. Lefever, his wife, to Jean Preston Browning, an undivided one-half interest, and to Warwick
E. Browning, an undivided one-half interest, by Deed dated January 11, 1965 and recorded in
Liber 418, Folio 574 among the Land Records of Washington County, Maryland. Jean Preston
Browning died on August 18, 2014. In accordance with the terms of her Last Will and
Testament, Warwick E. Browning, Personal Representative of the Estate of Jean Preston
Browning, conveyed h er one-half interest to himself; title thereafter vested sole in Warwick E.
Browning; and
BEING all of the same property which is intended to be conveyed from Jocelyn
Browning Cerul, Personal Representative of the Estate of Warwick E. Browning, to Tracy
McCleary by Deed to be recorded among the aforesaid Land Records.
Open Session Item
SUBJECT: Community Development Block Grant Plans for Renewal
PRESENTATION DATE: September 18, 2018
PRESENTATION BY: Tina Wilson, Senior Grant Manager, Office of Grant Management
RECOMMENDED MOTION: Move to renew the Fair Housing and Equal Opportunity (FHEO),
Minority Business/Women Owned Business (MBE/WBE), and Section 3 Plans as presented.
REPORT-IN-BRIEF: The Department of Housing and Community Development (DHCD) is
requiring recipients of Community Development Block Grants (CDBG) to renew three policies to
maintain eligibility for receiving funding from DHCD.
DISCUSSION: The FHEO Plan ensures that the County complies with all statutes, regulations and
Executive Orders relating to civil rights, fair housing, non-discrimination and equal opportunity. As
part of this plan, the County will commit to further fair housing in our community.
The Minority Business Plan requires the County to make good faith efforts to contract with minority
business enterprises (MBE) and women owned business enterprises (WBE) when contracting for
goods and/or services for projects utilizing CDBG funding.
The Section 3 Plan requires the County to comply with Section 3 of the Housing and Urban
Development Act of 1968 (as amended). Section 3 requires the Board to ensure, to the greatest extent
possible and consistent with existing federal, state, and local laws and regulations, that employment
and contracting opportunities are provided to low and very low-income persons. Section 3 applies to
all contracts awarded for CDBG funded projects exceeding $100,000.
These three policies will be effective for a three-year period and the County will continue to be eligible
to receive funds throughout that time period.
FISCAL IMPACT: If the plans are not renewed, the County will not be eligible for Community
Development Block Grant funding.
CONCURRENCES: John Martirano, County Attorney
ALTERNATIVES: N/A
ATTACHMENTS: FHEO Plan, MBE/WBE Plan, Section 3 Plan templates
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
MARYLAND CDBG PROGRAM I FHEO
1
FAIR HOUSING AND EQUAL OPPORTUNITY PLAN
As a recipient of federal Community Development Block Grant funds from the United States Department
of Housing and Urban Development received through the State of Maryland, the Board of County
Commissioners of Washington County, Maryland (the “Board”) is required to comply with all federal
statutes, regulations and Executive Orders relating to civil rights, fair housing, non-discrimination and
equal opportunity. The Board’s compliance is not specific to the federally funded project or activity. The
Board must ensure that its administrative practices, policies and laws meet the intent of the statutes,
regulations and Executive Orders.
Therefore, the Board commits to create an environment for its citizens where no one is excluded from
participation or benefit due to their race, color, national origin, ethnicity, gender, disability, familial status,
marital status, age or religion. The denial of rights based on any of these protected classes is detrimental
to the health, safety and welfare of the citizens and constitutes an unjust denial or deprivation of such
inalienable rights which is within the power and the proper responsibility of government to prevent.
Fair Housing
In accordance with the federal Civil Rights Act of 1968 (as amended), the federal Housing and
Community Development Act of 1974 (as amended), and the Fair Housing Act of 1988, the Board will
promote through fair, orderly and lawful procedures, the opportunity for each person to obtain housing of
such person’s choice in this community without regard to race, color, national origin, ethnicity, gender,
disability, familial status, marital status, age or religion.
To the best of our ability, the Board will promote and encourage fair housing choice for all its residents.
The Board’s administrative practices, policies and laws will attempt to prohibit:
• Discrimination in the Sale or Rental of Housing
• Discrimination in Housing Financing
• Discrimination in Providing Brokerage Services
• Unlawful Intimidation
The Board will accept complaints from any citizen that feels that they have been discriminated against
related to their housing choice. The Board will make an initial investigation and refer the complaint to the
state or the federal housing departments.
For housing projects developed or assisted with federal funds, the Board will ensure that its subrecipients
and developers will comply with statutes, regulations and Executive Orders.
Equal Opportunity
In accordance with the federal Civil Rights Act of 1964 (as amended), no person in Washington County
shall be excluded from participation in, denied benefits of, or subjected to discrimination under any
program or activity receiving federal financial assistance.
The Board will ensure that it will not discriminate in its procurement practices. The County’s procurement
policies allow for open and competitive bidding concerning all procured goods and services. When
applicable, the County will solicit bids from minority women owned businesses.
Affirmative Action Strategy
It is the policy of the Board not to discriminate against any employee or any applicant for employment
because of race, color, national origin, ethnicity, gender, disability, familial status, marital status, age or
religion. The Board will take affirmative action to insure that this policy includes but is not limited to the
MARYLAND CDBG PROGRAM I FHEO
2
following: recruitment and employment, promotion, demotion, transfer, compensation, selection for
training, layoff and termination. Additionally, the Board will ensure that our contractors and
subcontractors will not discriminate against any employee or applicant for employment.
Affirmatively Furthering Fair Housing
The Board commits to affirmatively further fair housing in our community. Our programs will be
administered in accordance with our efforts to provide a range of fair housing choices to our citizens.
The Board will adopt a Fair Housing Proclamation and celebrate the month of April as Fair Housing
Month on an annual basis.
Excessive Force
The National Affordable Housing Act (NAHA) of 1990 (as amended) requires recipients of federal
Community Development Block Grant funds through the United States Department of Housing and Urban
Development to protect individuals engaging in non-violent civil rights demonstrations. To that end, the
County is required to develop and maintain a policy of enforcing applicable State and local laws against
physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil
rights demonstrations.
The Board maintains a Sheriff’s Department for the safety of its citizens. The Board prohibits the use of
excessive force by employees of the Washington County Sheriff’s Department against anyone engaged
in non-violent civil rights demonstrations. This is more defined in the Washington County Sheriff’s
Department’s “Use of Force” policy.
Limited English Proficiency
The Board recognizes that, as its population increases, its population now includes persons from other
countries whose primary language is not English. To that end, the Board will make efforts to identify
various populations and to provide information to them in a language they understand.
Personnel Policies
The Board’s personnel policies are in compliance with all federal and state equal opportunity
requirements. They are updated as requirements change.
Specifically, employees are notified of their rights, responsibilities and requirements of their specific jobs
and as a representative of this County. The personnel policies provide information on compensation,
leave, termination, grievances, benefits, sexual harassment, and employee reviews. The personnel
policy also provides information about conflict of interest provisions related to contracting and
procurement.
A full copy of the personnel policies for Washington County may be obtained at the Health and Human
Services office located in the County Administration Building during normal business hours.
ATTEST/WITNESS: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
_________________________ _____________________________
Krista L. Hart, Clerk Terry L. Baker, President
MARYLAND CDBG PROGRAM I FHEO
3
This Fair Housing and Equal Opportunity Plan is hereby adopted by the Board of County Commissioners
of Washington County, Maryland on ________________, 2018. It is effective for a three (3) year period
until __________________.
MARYLAND CDBG PROGRAM I FHEO
MINORITY BUSINESS PLAN
As a recipient of federal Community Development Block Grant (CDBG) funds through the United States
Department of Housing and Urban Development received through the State of Maryland, the Board of
County Commissioners of Washington County, Maryland (the “Board”) is required to make good faith
efforts to contract with minority business enterprises (MBE) and women business enterprises (WBE) for
goods and services.
A minority or women business enterprise is one that is at least 50% owned by a minority or a woman. For
publicly-owned businesses, at least 51% of the stock must be owned by minority group members or
women.
The Board will make efforts to solicit MBEs and WBEs for projects utilizing Community Development
Block Grant funds. These efforts will include:
• Developing and maintaining a list of qualified MBEs and WBEs Assuring that small businesses
and MBEs and WBEs are solicited for appropriate contract opportunities
• Establishing a delivery system which will encourage participation by MBEs and WBEs
• Encouraging contractors to subcontract with MBE and WBE businesses
The Board will document efforts undertaken during the procurement process and maintain them in the
CDBG files.
ATTEST/WITNESS: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
_________________________ _____________________________
Krista L. Hart, Clerk Terry L. Baker, President
This Minority Business Plan is hereby adopted by the Board of County Commissioners of Washington
County, Maryland on ________________, 2018. It is effective for a three (3) year period until
_____________________.
MARYLAND CDBG PROGRAM l FHEO
1
SECTION 3 PLAN
As a recipient of federal Community Development Block Grant (CDBG) funds through the United
States Department of Housing and Urban Development (HUD) received through the State of
Maryland, the Board of County Commissioners of Washington County, Maryland (the “Board”) is
required to comply with Section 3 of the Housing and Urban Development Act of 1968 (as
amended). Section 3 requires the Board to ensure, to the greatest extent possible, and
consistent with existing federal, state and local laws and regulations, that employment and
contracting opportunities are provided to low and very low income persons. Section 3 applies to
all contracts awarded for CDBG funded projects that exceed $100,000.
Definitions:
A low and very low income person who qualifies as a Section 3 Person is an individual who:
• resides in Washington County; and
• resides in public housing funded by the federal government; or
• receives housing assistance from the federal government; or
• resides in a household where the total household income is less than 50% of the area
median income for Washington County using income limits provided by HUD.
A low and very low income person who benefits or qualifies as a Section 3 Business is defined
as:
• a business that is 51% or more owned by Section 3 persons; or
• a business where 30% of the permanent, full time employees are currently
Section 3 persons or within three (3) years of the date of first employment were Section 3
persons; or
• a business that commits to subcontract over 25% of the total contract award to
businesses that meet the definition of a Section 3 business as described above.
Washington County, Maryland is the Section 3 Business and Employment Project Area for the
Board of County Commissioners of Washington County, Maryland.
Compliance:
The Board certifies that it will, to the greatest extent feasible, comply with Section 3 requirements
when awarding contracts for construction, non-construction, materials, and supplies.
The Board will undertake the following steps when Section 3 applies:
1. Develop bid and solicitation documents which will identify Section 3 requirements and
include the Section 3 Hiring Estimate Form which will be submitted with bid.
2. Advertise RFP/RFQ which will include the following statement, “Federal Section 3
hiring requirements apply to this project.”
3. Notify local housing authority, county housing office, job training services, and other
related agencies of federally funded projects that may result in hiring in the near
future.
4. Require bid submittals from Section 3 Businesses or from businesses using Section
3 Business subcontractors to include a Section 3 Business Certification form.
5. Insert Section 3 Clause in selected contractor’s contract and include specific
language to detail contractor’s Section 3 intent related to new hires and/or Section 3
Businesses as subcontractors.
MARYLAND CDBG PROGRAM l FHEO
2
6. At pre-construction conference, explain Section 3 requirements including certification
process prior to hiring. Provide contractor with Section 3 Self-Certification Forms to
use when accepting applications for employment.
7. Require contractor to submit a list of all current employees who will work on the
project.
8. Review and approval by grantee of Section 3 Self-Certification Form submitted by the
contractor before a hire is made.
9. Review payroll records to document the participation of Section 3 hire(s) on the
project.
10. Review payroll records to document the participation of Section 3 Business
employees on the project.
11. At the completion of the work under the contract, complete CDBG Section 3 Tracking
Form which documents Section 3 compliance.
The Board will document efforts undertaken during the procurement process and maintain them
in the CDBG files.
ATTEST/WITNESS: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
______________________________ BY: ______________________________
Krista L. Hart, Clerk Terry L. Baker, President
This Section 3 Plan is hereby adopted by the Board of County Commissioners of Washington
County, Maryland on _______________, 2018. It is effective for a three (3) year period until
__________________.
MARYLAND CDBG PROGRAM l FHEO
3
Open Session Item
SUBJECT: Smithsburg Wastewater Treatment Plant (WwTP) Upgrade
PRESENTATION DATE: September 18, 2018
PRESENTATION BY: Dan DiVito, Director, Division of Environmental Management, Mark
Bradshaw, PE, Deputy Director, Engineering Services, Jeff Culton, PE, Buchart Horn, and Robert
Andryszak, PE, RK&K Engineering
RECOMMENDATION: Information Purpose Only
REPORT-IN-BRIEF: To meet projected growth in the Town of Smithsburg, the Smithsburg WwTP is
scheduled for a facility upgrade. As with all department projects, we have reviewed and value engineered
the project to determine the most cost effect plan to meet the capacity requirements for future development.
We asked our engineering consultants to provide a detailed analysis using current treatment parameters
and flow numbers to suggest the most cost effective approach to this project. We have determined that the
Smithsburg WwTP can be upgraded up to 0.45 million gallons per day (MGD) for less than the original
estimate and still meet all the development requirements of the Town. The Smithsburg WwTP upgrade
has money allocated for construction in FY 2020 and FY 2021. Before proceeding with the proposed
upgrade to 0.60 MGD the following questions have to be asked: what capacity is available for future
development, can the plant complete an intermediate upgrade before reaching the ultimate capacity of 0.60
MGD.
DISCUSSION: At the August 28, 2018 meeting with the Town of Smithsburg, the Town and the
Commissioners had additional questions or clarification regarding the proposed upgrade to 0.45 MGD.
Those questions are as follows:
1.Will maximizing the BioMag system work? What other systems will need to be upgraded?
2.What will be plant’s capacity be after the upgrade and how many equivalent dwelling units (EDUs)
are going to be available?
3.What is the estimated time timeline for design, permitting, and construction?
4. Is BioMag an interim or long-term solution to the upgrade?
5.Can the new equipment and proposed modification be utilized at the ultimate upgrade to 0.60 MGD
and if so what is the impact to the proposed $15M ultimate upgrade?
6. What is the proposed construction cost?
FISCAL IMPACT: The cost associated with expanding the plant’s capacity to 0.45 or 0.60 MGD is
approximately $1.75M or $15M respectively.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
CONCURRENCES: N/A
ALTERNATIVES: None
ATTACHMENTS: None
AUDIO/VISUAL NEEDS: None