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BOARD OF COUNTY COMMISSIONERS
November 13, 2018
OPEN SESSION AGENDA
08:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Terry L. Baker
APPROVAL OF MINUTES – October 23, 2018 and October 30, 2018
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; to consult with staff, consultants, or other individuals about pending or potential litigation; and to conduct or discuss
an investigative proceeding on actual or possible criminal conduct.)
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. NATIONAL APPRENTICE WEEK (November 12th – 19th)
PROCLAMATION – Dan DiVito, Director, Division of Environmental Management,
and Board of County Commissioners
10:45 A.M. PRESENTATION OF CERTIFICATE FOR PALMYRA FARM – Leslie Hart,
Agricultural Business Specialist, Department of Business Development, and Susan Small,
Director, Department of Business Development
10:55 A.M MARYLAND AGRICULTURAL LAND PRESERVATION PROGRAM (MALPP)
60/40 MATCH FOR FY2019 – Eric Seifarth, Rural Preservation Administrator,
Department of Planning & Zoning
11:00 A.M. APPROVAL OF CLOTHING AND SHOE COLLECTION PROGRAM – David A.
Mason, P.E., Deputy Director, Department of Solid Waste and Watershed Programs
11:10 A.M. ENHANCED NUTRIENT REMOVAL AT WASHINGTON COUNTY’S
WASTEWATER TREATMENT PLANT – Mark D. Bradshaw, P.E., Deputy
Director, Division of Environmental Management, Engineering Services
Terry L. Baker, President
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.
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11:20 A.M. PROPERTY ACQUISITION FOR MOUSETOWN ROAD CULVERT PROJECT –
Todd Moser, Real Property Administrator, Division of Engineering
11:25 A.M. PROCESS FOR COLLECTION OF TAP FEES ASSOCIATED WITH PERMITS – Tim
Lung, Director, Division of Plan Review & Permitting, Sara Greaves, Chief Financial
Officer, and Dan DiVito, Director, Division of Environmental Management
11:35 A.M. REVISIONS TO THE WASHINGTON COUNTY, MARYLAND’S AMERICANS
WITH DISABILITIES ACT (ADA) GRIEVANCE PROCEDURE– Deb Peyton,
Director, Division of Health and Human Services
11:40 A.M. SPIRIT SERVICES LEASE AMENDMENT – Dan DiVito, Director, Division of
Environmental Management and Kirk C. Downey, Interim County Attorney
11:50 A.M. FORT RITCHIE – CONVEYANCE OF HISTORIC PRESERVATION
EASEMENT – James L. Sterling, Director, Public Works, and Kirk C. Downey, Interim
County Attorney
12:00 P.M. ADJOURNMENT
Confidential
Open Session Item
SUBJECT: Proclamation recognizing National Apprentice Week
PRESENTATION DATE: November 13, 2018
PRESENTATION BY: Dan DiVito, Director, Division of Environmental Management
RECOMMENDED MOTION: N/A
REPORT-IN-BRIEF: The week of November 12, 2108 to November 19, 2018 is recognized by the
Department of Labor as National Apprentice Week. As part of that celebration and in recognition of
the importance of training our local workforce to promote economic development in Washington
County, the Board of County Commissioners proclaim this week as Registered Apprentice Week
throughout the county.
DISCUSSION: Youth Apprenticeship Maryland is a program formed under Governor Hogan to aid
in creating a pipeline of skilled qualified labor in both traditional and nontraditional fields by combining
on-the-job training and related classroom instruction to eligible high school students. Washington
County was chosen to pilot this program The Washington County Public Schools Career Technology
Education in conjunction with DLLR administers this program allowing eligible students to learn skills
by working directly with a professional mentor. The Washington County Division of Environmental
Management has recognized the increasing need for a highly skilled workforce and identified this
program as a proven method to meet this demand and prepare for the future economic growth in the
county. The division has recently been approved by the Maryland Apprentice Training Council to
conduct a three year Waste Water Operator Apprentice training program. This program is 6,000 hours
of a rigorous combination of both hands on and classroom education culminating in the issuance of a
Waste Water Operators license by the Maryland State Board of Waterworks and Wastewater Operators.
Our Youth Apprentices will be able to apply the 450 hours of training directly to this full program.
The Division of Environmental Management is a sponsor and participant of both programs and is proud
to join in recognizing WCPS and DLLR in reaching the goal of 10,000 active apprentices in the State
of Maryland.
FISCAL IMPACT: N/A
CONCURRENCES: Robert Slocum, County Administrator, James B. Hovis, Chief Operations
Officer, Kirk C. Downey, Deputy County Attorney, and Dan DiVito, Director, Division of
Environmental Management
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
PROCLAMATION
Registered Apprentice Week
WHEREAS as the demand/or skilled workers continues to increase, the modern Registered
Apprenticeship system is a proven method to meet this demand and helps Washington County
prepare for economic development and economic growth: and
WHEREAS, apprenticeship is a unique, flexible training system that combines job related
technical instruction with structured, paid, on-the-job learning experience contributed to
increased hiring rates and lower unemployment by adding to the number of trained workers: and
WHEREAS, Registered Apprenticeship training programs prepare workers to compete in our
changing economy, and the training keeps pace with advancing technologies and work-based
innovations: and
WHEREAS, There are approximately 10,000 active apprentices training in the State of
Maryland sponsored by employers, businesses and unions; and
WHEREAS, Washington County employers, Washington County Division of Environmental
Management, and Washington County Public Schools are participating in both Registered
Apprenticeship and Junior Apprentice Programs teaching skills that result in rewarding careers
and licenses to earn a livable wage.
NOW THEREFORE, we, the Board of County Commissioners of Washington County
Maryland do hereby proclaim November 12 -18, 2018 Registered Apprentice Week in
Washington County and do encourage our citizens to join in the observance.
Open Session Item
SUBJECT: Presentation of Certificate for Palmyra Farm
PRESENTATION DATE: Tuesday, November 13, 2018
PRESENTATION BY: Leslie Hart, Agricultural Business Specialist, Department of Business
Development, and Susan Small, Director, Department of Business Development
RECOMMENDED MOTION: N/A
REPORT-IN-BRIEF: Palmyra Farm continues to be internationally and nationally recognized as the
leader in Aryshire cattle breeding and performance. Additionally, family members have been
nationally recognized for accomplishments and their commitment to the dairy industry.
DISCUSSION: N/A
FISCAL IMPACT: N/A
CONCURRENCES: Susan Small, Director, Department of Business Development
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: Photo will be taken with Palmyra Family members and the BOCC.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Maryland Agricultural Land Preservation Program (MALPP) 60/40 Match for FY 2019
PRESENTATION DATE: November 13, 2018
PRESENTATION BY: Eric Seifarth, Rural Preservation Administrator, Department of Planning & Zoning
RECOMMENDED MOTION: Move to approve a $280,000 commitment from the local share of the
Agricultural Transfer Tax ($80,000) and Real Estate Transfer Tax ($200,000) to the 60/40 match component of
the MALPP easement program for FY 2019 Cycle.
REPORT-IN-BRIEF: Each year MALPP asks counties if they want to obligate funds to the 60/40 match
portion of the Land Preservation Easement Program. Land Preservation staff is recommending that
Washington County designate $280,000 as its 40% local match in order to receive the 60% State match of
$420,000. This is consistent with the Commissioners approval on March 7, 2017 of a change in funding
strategy to use a portion of the local Real Estate Transfer Tax (RETT) for this program instead of exclusively
for the local Installment Purchase Program (IPP).
The commitment requested today will result in total funding of about $1,650,000 for easement purchases in
FY 19 (including $950,000 of general allotment funds that all counties receive). Agricultural Transfer Taxes
and the first $400,000 of the Real Estate Transfer Tax collected each year are designated for use in
preservation programs and are not General Fund dollars.
DISCUSSION: To clarify, State funding contributions to the Ag Preservation Program result from the
following distributions. The entire MALPP fund is divided in half. One half is divided equally among all
Maryland counties which will result in an FY 2019 “General Allotment” of approximately $950,000 for each
County. The remaining half is divided among only those Counties that make local commitments to the 60/40
matching program. The County may add General Funds dollars to its 40% match which would result in
additional matching funds from the State and an increase in the total amount available for easement purchases.
FISCAL IMPACT: This 60/40 match commitment and General Allotment money results in funds for land
preservation easement purchases on 4 farms. There are no General Funds involved.
CONCURRENCES: The Agricultural Advisory Board and Planning Commission have endorsed the use of
the above funding sources for the 60/40 match.
ALTERNATIVES: Approve the use of only the Agricultural Transfer Tax for the 60/40 match or make no
commitment to the matching program.
ATTACHMENTS: Excerpt from County Commissioners 3/7/2017 meeting minutes
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Excerpt from Board of County Commissioners of Washington County minutes, 3/7/2017:
“COUNTY INSTALLMENT PAYMENT PROGRAM AND MARYLAND
AGRICULTURAL LAND PRESERVATION PROGRAM PROPOSAL
Eric Seifarth, Rural Preservation Administrator, and Chris Boggs, Land Preservation Planner,
Planning and Zoning, presented the proposal to use a portion of the local Real Estate Transfer
Tax (RETT) for the combined Maryland Agricultural Land Preservation Program (MALPP)
Fiscal Year 2017 and 2018 funding cycles. The Washington County Agricultural Advisory
Board is recommending the use of RETT to supplement the County’s contribution to the 60/40
matching mechanism of the MALPP.”
“Commissioner Cline, seconded by Myers, moved to approve using a portion of the local Real
Estate Transfer Tax for the combined Maryland Agricultural land Preservation Program Fiscal
YEAR 2017 AND 2018 funding cycles as presented. The motion passed unanimously. (4-0,
Commissioner Barr was absent.)”
Open Session Item
SUBJECT: Approval of Clothing and Shoe Collection Program
PRESENTATION DATE: November 13, 2018
PRESENTATION BY: David A. Mason, P. E., Deputy Director, Department of Solid Waste and
Watershed Programs
RECOMMENDED MOTION: Motion to approve the Clothing and Shoe Collection Program
REPORT-IN-BRIEF: In an effort to reduce the amount of material being landfilled, Staff has
developed a program to allow Vendors to place collection boxes at the 40 West Landfill and the
Transfer Stations. This program will count towards the County’s Maryland Recycling Act (MRA)
Rates as a Diversion Program. The County’s current MRA Rate (2016) is 52.51%. This program will
be free to all citizens of Washington County.
It is anticipated during the first year we will collect 10-15 tons of clothing and shoes through the
program.
DISCUSSION: Staff has compiled a list of non-profit organizations, Thrift Stores and Consignment
Shops in Washington County; the list consists of fourteen (14) businesses and organizations. These
stores will be visited in person by Solid Waste Personnel to explain the program and answer any
questions. The Department of Solid Waste will allow up to five (5) Vendors at the 40 West Landfill,
Two (2) Vendors at each of the Greensburg and Hancock Transfer Stations and one (1) Vendor at each
of the Kaetzel and Dargan Transfer Stations. We will reserve two (2) spots at the 40 West Landfill
Location for Non-Profit organizations. A deadline will be set for Vendors to submit the required
paperwork; Vendors meeting said deadline will be considered first. Vendors not chosen will be placed
on a waiting list. Staff will try to accommodate the Vendors requests for a specific location; however,
space at most locations is limited. If interest in the program is higher than expected, the Department
may choose to expand the programs at 40 West, Greensburg and Hancock. Vendors must be a
Washington County Business. Vendors will be chosen by the Deputy Director of Solid Waste and the
Recycling Coordinator.
The Clothing and Shoe Collection Program will specify the size of containers allowed, the frequency
the containers are emptied and the expectations of the vendors. The Vendors will be required to provide
a certificate of insurance and sign a contract with the County. Vendors chosen for the program will
have the option to renew the contract on a yearly basis. If a Vendor violates the terms of the contract
and the issue(s) is not corrected, the Vendor’s collection box will be removed from the site and the next
Vendor from the waiting list will be given the opportunity to place a collection box at the vacated
location.
FISCAL IMPACT: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
CONCURRENCES: Dan Divito, Director, Division of Environmental Management
ALTERNATIVES: Reject Program
ATTACHMENTS: Proposal Letter to Vendors
AUDIO/VISUAL NEEDS: N/A
Open Session Item
SUBJECT: Enhanced Nutrient Removal at Washington County’s Wastewater Treatment Plant (WwTP)
PRESENTATION DATE: November 13, 2018
PRESENTATION BY: Mark D Bradshaw, P.E., Deputy Director, Division of Environmental
Management, Engineering Services
RECOMMENDED MOTION: Approve Change Order for Buchart-Horn, Inc. in the amount of
$140,126.00 and the attached Budget Adjustment Form in the amount of $150,000.00.
REPORT-IN-BRIEF: Buchart Horn, Inc’s contract for project management and inspection services for the
Conococheague WwTP was for eighteen (18) months. Due to the construction duration being extended by four
(4) months, Buchart Horn is requesting an additional four (4) months of project management and inspection
services be added to their contract. For a breakdown of the hours associated with this work please refer to
Buchart Horn’s letter dated September 24, 2018. Increase contract amount by $140,126.00.
DISCUSSION: N/A
FISCAL IMPACT: The project does not have funds available to pay for this change order. However, existing
2016 bond funds remain as a result of bond premium. Bond premium occurs when bonds are issued for an
amount greater than their face amount. This is caused by the bonds having a stated interest rate that is higher
than the market interest rate for similar bonds. Using bond premium is limited to original projects associated
with the 2016 issue, which limits the use of these funds. The total amount of the adjustment will be for $150,000.
CONCURRENCES: Dan Divito, Director, Division of Environmental Management
ALTERNATIVES: N/A
ATTACHMENTS: Change Order #14 and Buchart-Horn’s letters dated 9/24/18 and Budget Adjustment
form.
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Enhanced Nutrient Removal @ Washington County's WwTP
Add an additional four (4) months of project management services to the contract.
TO:
Consultant:
Contractor:
Vendor:
BOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY MARYLAND
100 WEST WASHINGTON STREET, HAGERSTOWN, MARYLAND 21740-4735 CHANGE ORDER
Change Order No.
Contract No.
Purchase Order No.
Oracle Account No.
Project Title: Date: Oct 5, 2018
The contract time will: increase decrease remain the same by: 120 calendar days working days
Description of Change:
Reason for Change:
The completion date, incorporating the changes included in this change order, is: July 2018
The original contract sum was: $3,638,300.00
Net changes by previous change orders: $417,300.26
Contract sum prior to this change order: $4,055,600.26
By this Change Order, the contract sum will be changed by: $140,126.00
The new contract sum including this change order will be: $4,195,726.26
The Consultant/Contractor/Vendor shall not commence with the work described hereon until this form is executed by all agents.
Digitally signed by Jeffrey S Culton
Date: 2018.10.08 15:36:15 -04'00' Finance:
Contractor/Vendor: Purchasing:
Digitally signed by Mark D Mark D Bradshaw Bradshaw
Date: 2018.10.09 09:17:15 -04'00' County Administrator:
Outside County Entities: Please email the signed form to ChangeOrder@washco-md.net.
Buchart Horn was under contract to provide construction services for a period of eighteen (18) months which corresponded to the
construction contract but the construction contract was extended through change order by four (4) months. Buchart Horn provided
construction services during this period, thus they are requesting an additional four (4) months of project management services be added
to the contract. Buchart Horn is giving the County a credit of $3,100.00 for a design issues associated with HRI's change order #5. For
more detailed information please refer to Buchart Horn's letter dated September 24, 2018. Increase contract amount by $140,126.00.
Buchart Horn, Inc
PO Box 15040
York, PA 17405
WASHCO 23792
PUR - 977 515000-32-42010-TRP018-INSP00000
$UCHART HORN
ENGINEERS - ARCHITECTS - PLANNERS
September 24, 2018
Mark D. Bradshaw, P.E.
Deputy Director
Washington County
Department Of Water Quality
Public Works Annex
16232 Elliott Parkway
Williamsport MD 21795-4083
Reference: Conococheague BNR Upgrade
Construction Inspection Services
BH No. 76436-02
Dear Mr. Bradshaw:
As a follow-up to our recent meeting and conversations, Buchart Horn is requesting to
supplement our Fee Proposal for the Conococheague BNR Upgrade Project. Due to the
complexity of the design the construction period schedule has continued to be delayed.
Our original contract included a construction period of one year for the Conococheague
Upgrade and that schedule was subsequently updated to extend the completion date an
additional six months, or March 20, 2018. Buchart Horn, Inc. has continued to provide
construction phase services, that includes Project Administration and a Resident Representative
beyond this projected completion date. Resident representative services were provided
through July 2018 and ongoing contract administration services will continue through project
close out, which is anticipated to extend to the end of August into September.
The following is a breakdown of the additional fee requested with estimated hours and rates by
pay grade.
Title Hours Hourly Rate Fee
Project Manager 384 hrs. $134 $ 51,456
Inspector 890 hrs. $ 99 $ 87,120
Administrative Secretary 93 hrs. $ 50 4,650
$143, 266
The Russell E Horn Building - 445 West Philadelphia Street - PO Box 15040 - York, PA 17405-7040
T: (717) 852-1400 - F: (717) 852-1401 - www.bucharthorn.com
J:\PROJ\76436-02\CORRESP\Itr Inspection Services 9-24-18 docx
August 21, 2018
Page 2 of 2
Please note that the Project Manager grade includes hours for both myself and Matt Todaro.
We are also in receipt of your most recent request related to Contract Change Order No. 5. In
an effort to resolve this matter, BH is willing to adjust this supplement request in the amount of
$3,100. Considering the adjustment, the requested supplement for these additional services
would be reduced to $140,126.
If you do have any questions regarding this request please let us know. We enjoy working with
Washington County and look forward to continue to work with you toward the completion of
this project.
Regards,
BUCHART HORN, INC.
Jeffrey S. Culton, P.E.
Project Manager
www bucharthorn.com
J:\PROJ\76436-02\CORRESP\Itr Inspection Services 9-24-18.docx
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Open Session Item
SUBJECT: Property Acquisition for Mousetown Road Culvert Project
PRESENTATATION: November 13, 2018
PRESENTATION BY: Todd Moser, Real Property Administrator, Division of Engineering
RECOMMENDED MOTION: Move to approve the option agreements for a fee simple and easement
acquisition of 20815, 20912, and 20977 Mousetown Road 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 three above stated properties. Both
the fee simple and easement acquisitions are shown in table below.
Address Fee Simple Area Easement Area Purchase Amount
20815 449 SF 198 SF $450.00
20912 2,522 SF 3,832 SF $750.00
DISCUSSION: The Mousetown Road Culvert Project will replace existing culverts with a new concrete
box culvert and pipe culvert. The road culverts will be constructed to carry two lanes of traffic.
Replacement of the culverts at this time is the most cost effective and practical alternative. The structures
are in poor condition and need of replacement. Both temporary construction easements and fee simple
acquisitions are needed for the project.
FISCAL IMPACT: $1,500 CIP Budgeted Project
CONCURRENCES: Scott Hobbs, Director, Division of Engineering
ALTERNATIVES: N/A
ATTACHMENTS: Aerial Map, Ordinance
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
ORDINANCE NO. ORD-2018-
AN ORDINANCE TO APPROVE THE PURCHASE OF REAL PROPERTY
Part of 20815 Mousetown Road, Boonsboro, Maryland (Map 73, Parcel No. 266)
Part of 20912 Mousetown Road, Boonsboro, Maryland (Map 73, Parcel No. 6)
Part of 20977 Mousetown Road, Boonsboro, Maryland (Map 73, Parcel No. 17)
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 certain real property identified on the attached Schedule A (the "Property") to be used
for public purposes.
2. The County approved the purchase of the Property during its regular meeting on
November 13, 2018. 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 Property are
not to be expended from the General Fund of the County.
3. The purchase of the Property is necessary to allow for the Mousetown Road
Culvert Replacement Project.
THEREFORE, BE IT ORDAINED by the Board of County Conunissioners of Washington
County, Maryland that the purchase of the Property be approved and that the President of the
Board and the County Clerk be and are hereby authorized and directed to execute and attest,
respectively, all such documents for and on behalf of the County relating to the purchase of the
Property.
ADOPTED this day of 2018.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
No
Krista L. Hart, Clerk Terry L. Baker, President
Approved as to legal sufficiency:
Mail to:
Office of the County Attorney
100 W. Washington Street, Suite 1101
Hagerstown, MD 21740
SCHEDULE A --DESCRIPTION OF PROPERTY
PROPERTY ACQUISITION NO.1:
Part of 20815 Mousetown Road, Boonsboro, MD (Map 73, Parcel No. 266)
All that parcel of land consisting of 449 square feet or 0.0103 acres of land, more or less,
situate along the northerly side of Mousetown Road approximately 2,500 feet northerly from its
intersection with Old National Pike or U.S. Alt. 40 in Election District No. 6 of Washington
County, Maryland.
Being part of the land conveyed by Jacqueline C. Russell to Donald G. Russell and
Jacqueline C. Russell by deed dated October 23, 1992 and recorded among the Land Records of
Washington County, Maryland, in Liber 1064, folio 447.
PROPERTY ACQUISITION NO.2:
Part of 20912 Mousetown Road, Boonsboro, MD (Map 73, Parcel No. 6)
All that parcel of land consisting of 1,616 square feet or 0.0371 acres of land, more or less,
situate along the northerly side of Mousetown Road approximately 2,500 feet northerly from its
intersection with Old National Pike or U.S. Alt. 40 in Election No. 6 of Washington County,
Maryland.
Being part of the land conveyed by Laura Jane Lake Mathias Revocable Trust to Teresa
A. Simpson by deed dated August 21, 2015 and recorded among the Land Records of
Washington County, Maryland, in Liber 5053, folio 29.
PROPERTY ACQUISITION NO.3:
Part of 20977 Mousetown Road, Boonsboro, MD (Map 73, Parcel No.17)
All that parcel of land consisting of 1,060 square feet or 0.0243 acres of land, more or less,
situate along the southerly side of Mousetown Road approximately 2,500 feet northerly from its
intersection with Old National Pike or U.S. Alt. 40 in Election District No. 6 of Washington
County, Maryland.
Being part of the land conveyed by Arthur Clifton Houghton, a/k/a Arthur Clifton
Houghton, II unto Charles E. Levy and Lisa S. Tatum by deed dated July 31, 2012 and recorded
among the Land Records of Washington County, Maryland, in Liber 4339, folio 480.
Open Session Item
SUBJECT: Process for collection of tap fees associated with permits
PRESENTATION DATE: November 13, 2018
PRESENTATION BY: Tim Lung, Director, Division of Plan Review & Permitting, Sara
Greaves, Chief Financial Officer, and Dan DiVito, Director, Division of Environmental
Management
RECOMMENDED MOTION: For informational purposes
REPORT-IN-BRIEF: The County Permitting office processes permits for certain incorporated
towns in the County including the Town of Williamsport. The County requires that a permit
application involving property in a town be signed by the Town manager or other designated
town official prior to the County Permitting office accepting a permit application. For those
permits that involve water/sewer allocation provided by Town utilities it has historically been
considered the Town’s responsibility to collect any applicable utility allocation/tap fees.
In the case of permits involving property in the County, outside of the municipalities, the permit
application must be accompanied by allocation receipts from the service provider at the time of
permit application. Applications without these receipts are not accepted
DISCUSSION: Consistent with the direction of the Board of County Commissioners on
October 30, 2018, staff will confirm payment of any applicable tap fees prior to the acceptance
of town permit applications. This would be accomplished via attachment of a paid receipt or
letter of acknowledgment from the town or service provider. This method is consistent with the
long established practice for assuring payment of tap fees associated with permits issued in the
County.
FISCAL IMPACT: None
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: None
AUDIO/VISUAL TO BE USED: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Revisions to the Washington County, Maryland’s Americans with Disabilities Act (ADA)
Grievance Procedure
PRESENTATION DATE: November 13, 2018
PRESENTATION BY: Deb Peyton, Director, Health & Human Services; Kendall McPeak, Assistant
County Attorney; and Scott Hobbs, Director, Division of Engineering
RECOMMENDED MOTION: The Board is presented with revisions to the 1992 adoption of the
Washington County, Maryland’s Americans with Disabilities Act (ADA) Grievance Procedure for
approval.
REPORT-IN-BRIEF: Pursuant to requirements of applicable federal regulations, on January 14, 1992,
the County adopted the Washington County, Maryland’s Americans with Disabilities Act Grievance
Procedure. The Procedure has been revised to update contact information, to provide complainants with
specific information required for filing complaints, and to detail timelines for filing and response.
DISCUSSION: Section A – ADA Title II Coordinator has been revised to reflect the contact
information of Deb Peyton, 240-313-2356, at dpeyton@washco-md.net. Section B – Complaints has
been revised to include a list of required information needed to file a complaint. Section C – Filing Time
Frame and Procedure has been revised to reflect the new ADA Title II Coordinator’s contact information
and the increased amount of time from 30 days to 180 days for filing complaints. Section E –
Disposition and Records Retention has been revised to reflect the increased amount of time from 15 days
to 30 days in which the ADA Title II Coordinator has to respond to complaints. In instances where a
complainant is dissatisfied with resolution of a complaint, the amount of time in which a complainant has
to file a request for reconsideration has increased from 15 business days to 30 business days. A provision
has been included for the ADA Title II Coordinator’s retention of copies of all written ADA complaints,
appeals, and responses for at least three years.
FISCAL IMPACT: None
CONCURRENCES: Rob Slocum, County Administrator
ALTERNATIVES: None
ATTACHMENTS: Revised Washington County, Maryland’s American with Disabilities Act (ADA)
Grievance Procedure and Title II of the Americans with Disabilities Act Complaint Form
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
1 of 2
WASHINGTON COUNTY, MARYLAND’S
AMERICANS WITH DISABILITIES ACT (ADA)
GRIEVANCE PROCEDURE
Pursuant to requirements of applicable federal regulations, the Board of County Commissioners
of Washington County, Maryland, has adopted this grievance procedure to provide for prompt
and equitable resolution of complaints under section 504 of the Rehabilitation Act of 1973 and
amendments (the “Rehabilitation Act”), and the Americans with Disabilities Act of 1990 and
amendments (the “ADA”). It is intended for use by any individual who wishes to file a
complaint alleging discrimination on the basis of disability in the access of facilities or provision
of services, activities, programs, or benefits by the Board of County Commissioners of
Washington County, Maryland. The Board of County Commissioners of Washington County,
Maryland’s Personnel Policy PR-31 governs employment-related complaints of disability
discrimination.
A. ADA Title II Coordinator
The ADA Title II Coordinator for Washington County, Maryland, is Deb Peyton Director
of Health and Human Services, 100 West Washington Street, Hagerstown, Maryland
21740, telephone (240) 313-2356, email dpeyton@washco-md.net.
B. Complaints
1. A complaint must be in writing and should contain the following minimum
information:
a. Name, address, and telephone number of the complainant on whose behalf the
complaint is filed.
b. Location, date, and description of the alleged violation.
c. A complete statement of the nature of the grievance and the facts upon which it is
based.
d. The complainant’s desired remedy or solution requested.
2 of 3
e. The names, addresses, and telephone numbers of any witnesses who can provide
supportive or relative information.
2. Alternative means to the filing of a written complaint, such as personal interview or a
taped recording of the complaint, will be made available, upon request, for persons
with disabilities.
C. Filing Time Frame and Procedure
1. The complaint should be filed with the ADA Title II Coordinator for Washington
County, Maryland, Deb Peyton, Director of Health and Human Services, 100 West
Washington Street, Hagerstown, Maryland 21740, telephone (240) 313-2356, email
dpeyton@washco-md.net
2. The complaint must be filed with the ADA Title II Coordinator for Washington
County, Maryland, no later than one hundred eighty (180) days from the date of the
alleged violation.
3. The filing deadline of one hundred eighty (180) days may be extended upon written
request to the ADA Title II Coordinator for Washington County, Maryland, if good
cause is shown for the extension.
D. Assessment, Determination, and Investigation
1. The ADA Title II Coordinator will assess the complaint and determine which County
function is at issue, i.e., facilities, programs, services, benefits, or activities.
2. An investigation by the ADA Title II Coordinator or designee, as may be appropriate,
will follow a complaint filing. This investigation is contemplated to be an informal
but thorough fact-finding process, the intent being to afford all interested persons and
their representatives, if any, an opportunity to submit evidence relevant to a
complaint.
3. Any specifically named individual who is charged with alleged discriminatory
conduct in the complaint shall not be designated to conduct an investigation or any
part thereof.
4. The investigation will include, at a minimum, review of the complaint with the
complainant in a format that reasonably accommodates the complainant and interview
of any witnesses who can provide supportive or relative information to complete
informal but thorough fact-finding.
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E. Disposition and Records Retention
1. The ADA Title II Coordinator or designee will provide a response in writing, or in an
alternative format if requested, to the complainant within thirty (30) business days
after the complaint is received. This response will either bring the complaint to
closure due to legal deficiency or will establish a course of action to resolve the
complaint if found to be legally sufficient.
2. The complainant may request reconsideration of the case in instances where he or she
is dissatisfied with the resolution. The request for reconsideration should be made in
writing, or in an alternative format upon request, to the County Administrator within
thirty (30) business days of receiving the ADA Title II Coordinator’s decision.
3. The County Administrator or designee will review the complaint, conduct an
additional investigation if appropriate, and respond to the complainant in writing, or
in an alternative format upon request, within thirty (30) business days after receipt of
the request for reconsideration. A copy of the County Administrator’s response will
be forwarded to the ADA Title II Coordinator.
4. The ADA Title II Coordinator will maintain copies of all written ADA complaints,
appeals to the County Administrator, and responses from these two offices for at least
three (3) years.
F. Miscellaneous
1. These rules will be construed to protect the substantive rights of interested persons to
meet appropriate due process standards and to assure that Washington County
complies with the ADA and implementing regulations.
2. Use of this grievance process does not preclude the complainant from filing an
administrative complaint with the designated federal agency or filing a lawsuit for
injunctive relief and damages. An individual may choose to pursue any or all of these
methods.
Original Adoption: January 14, 1992
First Amendment: September 11, 2018
Title II of the Americans with Disabilities
Complaint Form
Act
Instructions
Please fill out this form completely, in black ink or type. Keep a copy of this form, and return the
original to the ADA Coordinator.
Sign and return to:
Deb Peyton, Director of Health & Human Services
Department of Health & Human Services
100 W. Washington Street, Room 2300
Hagerstown, MD 21740
This document is available in alternative format upon request.
Complainant:
Address:
Telephone:
E-mail:
If your complaint involves a specific event, when did the incident occur?
Describe in detail the event/situation for which you are seeking ADA relief. Provide name(s), if
appropriate, of individuals who were involved (use additional pages if necessary):
If this is a general request for an accommodation, describe the functional limitations caused by
your disability for which you are requesting this accommodation.
Name of Person Preparing Form, if different:
City State Zip Code
Street
Describe any accommodations that you believe would minimize or eliminate the barriers to your
participation in the County’s services, activities, programs, or benefits.
I will need an accommodation to meet with the ADA Coordinator: Yes No
If “Yes,” the accommodation I will need is:
Signature:
Date:
Open Session Item
SUBJECT: Spirit Services Lease amendment
PRESENTATION DATE: November 13, 2018
PRESENTATION BY: Dan DiVito, Director, Division of Environmental Management and Kirk C.
Downey, Interim County Attorney
RECOMMENDED MOTION: Move to approve the Second Amendment to Lease and the Leachate
Agreement.
REPORT-IN-BRIEF: In 2006, the County and Spirit Services entered into a lease/purchase
agreement to operate the County’s pre-treatment facilities. The facilities included the abandoned
Nicodemus treatment plant as well as the Conococheague Industrial Pre-treatment Facility (CIPF).
According to the agreement, after the first year, the Nicodemus Plant ownership was to transfer to Spirit
at Spirit’s request with the CIPF remaining in the ownership of the County with operations provided
by Spirit. Spirit is currently in the process of transferring ownership of the Nicodemus Plant from the
County to Spirit. In conjunction with that transfer, Spirit is asking for an amendment to the lease
agreement to clarify the provisions for the acceptance of leachate generated by the County’s solid waste
facility and septage.
The amendment extends the current leachate agreement past the purchase option date contained in the
current lease and expands the agreement to include a guaranteed minimum and maximum amount of
capacity allocated to leachate. Spirit is also asking for relief from the required $300,000 pledge
agreement or indemnity of trust that is currently included in the original lease agreement to be executed
at the time of transfer of Nicodemus. The pledge was included in the original lease agreement as
protection for the County at the time of transfer of Nicodemus in the event that Spirit was unable to
perform as prescribed by the agreement. Since the inception of this agreement, the County and Spirit
have enjoyed a very positive productive relationship and Spirit now has a 12-year performance record
making the performance pledge unnecessary. The amendment also extends rate protection for both
County leachate and septic from commercial haulers.
In return for approving the amendment, Spirit agrees to complete the transfer of the Nicodemus facility,
discount the cost to the County for processing leachate for a period of six months retroactive to July 1,
2018, and participate both monetarily and informationally in the County’s septic tank pumping
promotional program. This program will include Spirit’s offer of discounts for citizens to pump their
septic tanks and then provide the information to the County to be used to help the County comply with
the State’s MS4 program.
DISCUSSION: The Division of Environmental Management has conferred with the Deputy Director
of Solid Waste and the County Attorney and has determined the approval of the amendment will benefit
the County by;
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
1. Relieving any liability concerns resulting from the County’s ownership of the Nicodemus
Plant;
2. Utilizing the information provided by Spirit to produce significant amount of MS4 credits; and
3. Temporarily reducing the cost to the County of processing leachate.
Staff believes that the changes are a positive benefit the County.
FISCAL IMPACT: As of September 30, 2018 the County has transported approximately 5 million
gallons of leachate to Spirit for treatment. If the remaining 3 months are equal, the discount proposed
by Spirit would amount to 10,000,000 × 0.002 per gallon = $20,000. In addition, Spirit agrees to provide
up to $50,000 in credit vouchers in support of the county’s Septic Tank Pumping initiative. The
information concerning the septic tank pumping can produce 0.035 acres of credit for each tank
pumped. These credits can be used to significantly help the County comply with the state MS4
requirements.
CONCURRENCES: Robert Slocum, County Administrator, James B. Hovis, Chief Operations
Officer, Kirk C. Downey Interim County Attorney, and Dan DiVito, Director, Division of
Environmental Management
ALTERNATIVES: Do not amend lease agreement and continue under current lease provisions.
ATTACHMENTS: Second Amendment to Lease; Leachate Agreement
AUDIO/VISUAL NEEDS: None
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE (this "Second Amendment"), dated this ___ day of
October 2018, is executed by and among THE BOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY, MARYLAND (the “County” or "Landlord"), a body corporate and politic
and a subdivision of the State of Maryland, and SPIRIT SERVICES, INCORPORATED OF
WASHINGTON COUNTY, a Maryland corporation (“Spirit” or "Tenant").
RECITALS
A.Tenant is currently the lessee of the Premises and Personalty commonly known collectively
as the Conococheague Industrial Pretreatment Facility which is located at 16232 Elliott Parkway,
Williamsport, Washington County, Maryland (the “CIPF” or "Demised Property") pursuant to the terms
of a Lease entered into as of January 1, 2006, as amended by First Amendment to Lease dated October 1,
2014 (collectively, the "Lease").
B. The parties are desirous of (i) clarifying and confirming several provisions of the Lease as
set forth and provided for herein; and (iii) entering into a separate agreement with regard to Spirit’s
treatment of leachate, raw sewage, septage and chemical toilet waste which shall replace and supersede
Sections 5.3.1 and 5.3.2 of the Lease.
NOW THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree
as follows:
1.Incorporation of Recitals. The parties hereto acknowledge and agree that the recitals
hereinabove set forth are true and correct in all respects and that the same are incorporated herein and made
a part hereof.
2. Representations. The parties represent and warrant to each other the following facts with
respect to the Lease and the Demised Property:
(a)The Lease is in full force and effect and constitutes the entire rental agreement
between Landlord and Tenant for the Demised Property;
(b)The Lease has not been modified or amended prior to the date hereof except as
otherwise set forth above;
(c)Tenant is in full and complete possession of the Demised Property;
(d) The Term of the Lease is currently scheduled to expire on February 1, 2105;
(e) There are no existing defaults on the part of either Landlord or Tenant under the
Lease;
(f) The amount of the current Fixed Rent (as defined in the Lease) payable by Tenant
to Landlord is THREE HUNDRED FORTY-FIVE THOUSAND SIX HUNDRED AND 00/100 DOLLARS
($345,600.00) per annum; and
(g) Tenant currently does not have or hold any claim against Landlord, including
without limitation, any claim that might be offset or credited against future accruing rents.
3. Perpetual Rail Siding Pipeline Easement. Notwithstanding anything to the contrary stated
in the Lease, it is the intent of the County and Spirit that any user fees, assessments or charges of any kind
assessed, levied, or imposed upon the County by CSX Transportation or other operator of the subject rail
line related to or arising from Spirit’s non-exclusive use of the “Perpetual Rail Siding Pipeline Easement”,
as provided for and contemplated by the definition of “Premises” in Section 1 of the Lease, shall be and
hereby are expressly included within the definition of “Impositions” also provided for in Section 1 of the
Lease.
4. Utilities. As provided for in Section 4.5 of the Lease, Tenant shall be responsible for direct
payment to the utility providers or if required, reimbursement to the Landlord, of all charges for all utilities
serving the Demised Property. As further provided for in Section 4.5 of the Lease, Landlord shall, at
Landlord’s expense, install sub-meters to measure Tenant’s utility consumption. However, notwithstanding
anything to the contrary stated in the Lease, in lieu of requiring Landlord to install sub-meters, the parties
shall also have the right and ability to mutually agree upon an alternative means of allocating and assessing
Tenant’s utility consumption.
5. Security for Performance. Notwithstanding anything to the contrary stated in the Lease,
including but in no way limited to Section 18, neither Tenant nor any designated affiliate of Tenant shall be
required to execute, as a condition to the conveyance of the Nicodemus Facility, a collateral pledge
agreement or indemnity deed of trust pledging the Nicodemus Facility to Landlord as surety for Tenant’s
performance of its obligations under the Lease prior to its exercise of the Purchase Option. Nor shall Tenant
be required, as a condition to the conveyance of the Nicodemus Facility, to grant to Landlord, pursuant to
a UCC-1 Financing Statement or otherwise, a security interest in its current or after-acquired assets as
further security for the full and faithful performance of Tenant’s obligations under the Lease.
6. Leachate and Septage Treatment. Simultaneous with the execution of this Second
Amendment, Spirit and the County shall enter into the separate agreement attached hereto as Exhibit A
with regard to the processing of leachate from the County and its agencies and instrumentalities and raw
sewage from holding tanks, septage and chemical toilet waste generated in the County (the “Leachate
Agreement”). Immediately upon execution by the parties, the Leachate Agreement will replace and
supplant Sections 5.3.1 and 5.3.2 of the Lease which shall thereafter be considered deleted and of no further
force or affect.
7. Assignment. Notwithstanding anything to the contrary stated in the Lease, including but
in no way limited to Sections 16.2 and Section 19, Tenant shall be permitted to sublet the Demised Property
or assign this Lease to (i) an affiliated or subsidiary entity of Tenant; (ii) an entity resulting from a merger
or consolidation with Tenant; or (iii) an entity to which all or substantially all of Tenant’s assets are
transferred (collectively, “Permitted Sublease or Assignment”). In the event of a Permitted Sublease,
Tenant shall at all times remain primarily liable upon the terms of the Lease. Tenant shall also have the
right and ability to make changes to its form of organization, composition of its current executive
management, and/or its equity ownership (“Permitted Change of Control”). Neither a Permitted Sublease
or Assignment nor a Permitted Change of Control shall have the effect of delaying the Purchase Option
until the thirty-first (31st) anniversary of the Commencement Date as provided in Section 16.2 of the Lease.
To ensure continued operation of the Demised Property in compliance with the Washington County
Pretreatment Program and regulations, the subtenant or assignee of any such Permitted Sublease or
Assignment shall automatically assume the rights and responsibilities of Tenant with respect to Industrial
Waste Discharge Permit Number 004-4 issued by the Washington County, Maryland Division of
Environmental Management provided said subtenant or assignee could independently qualify as permittee
and has the requisite qualifications to operate the CIPF.
8. Continuing Agreements; Novation. Except as expressly modified hereby, the parties hereto
ratify and confirm each and every provision of the Lease as if the same were set forth herein. In the event
that any of the terms and conditions in the Lease conflict in any way with the terms and provisions hereof,
the terms and provisions hereof shall prevail. Capitalized terms used in this Second Amendment and not
otherwise defined shall have the meaning ascribed to them in the Lease. The parties hereto covenant and
agree that the execution of this Second Amendment is not intended to and shall not cause or result in a
novation with regard to the Lease.
9. Captions. The captions herein set forth are for convenience only and shall not be deemed
to define, limit, or describe the scope or intent of this Second Amendment.
10. Governing Law. The provisions of this Second Amendment shall be construed, interpreted,
and enforced in accordance with the laws of the State of Maryland as the same may be in effect from time
to time.
11. Successors and Assigns. This Second Amendment shall be binding upon and shall insure
to the benefit of the parties hereto and their heirs, personal representatives, successors, and assigns.
12. Counterparts. This Second Amendment may be executed in any number of counterparts,
and each such counterpart shall be deemed to be an original. It shall not be necessary that the signature of,
or on behalf of, each party, or that the signatures of the persons required to bind any party, appear on more
than one counterpart.
[SIGNATURES ON FOLLOWING PAGE]
5
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment under seal as
of the date first above written.
ATTEST: LANDLORD:
BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
_________________________ BY: _______________________________(SEAL)
Vicki C. Lumm, Clerk Terry L. Baker, President
ATTEST: TENANT:
SPIRIT SERVICES, INCORPORATED OF
WASHINGTON COUNTY
_____________________________ By: ________________________________(SEAL)
Name: ______________________________
Title: ______________________________
Approved as to legal sufficiency:
___________________________
Kirk C. Downey
Deputy County Attorney
LEACHATE AGREEMENT
This LEACHATE AGREEMENT (this “Agreement”) dated this ___ day of October 2018 (the
“Effective Date”), is executed by and among THE BOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY, MARYLAND (the “County”), a body corporate and politic and a
subdivision of the State of Maryland, and SPIRIT SERVICES, INCORPORATED OF
WASHINGTON COUNTY, a Maryland corporation (“Spirit”).
RECITALS
WHEREAS, Spirit is currently the lessee of the Premises and Personalty commonly known
collectively as the Conococheague Industrial Pretreatment Facility which is located at 16232 Elliott
Parkway, Williamsport, Washington County, Maryland (the “CIPF”) pursuant to the terms of a Lease
entered into as of January 1, 2006, as amended by First Amendment to Lease dated October 1, 2014
(collectively, the "Lease");
WHEREAS, Sections 5.3.1 and 5.3.2 of the Lease currently address and govern Spirit’s
processing and treatment at the CIPF of leachate from the County and its agencies and instrumentalities
(collectively, the “Leachate”) and raw sewage from holding tanks, septage and chemical toilet waste
generated in the County (collectively, “Septage”);
WHEREAS, the County and Spirit are desirous of having this Agreement replace and supersede
Sections 5.3.1 and 5.3.2 of the Lease and of modifying the terms and conditions of Spirit’s processing and
treatment at the CIPF of Leachate and Septage.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereby agree as follows:
1. Incorporation of Recitals and Defined Terms. The parties agree that the foregoing Recitals are
true and complete and are hereby incorporated by reference.
2. Term. The “Term” of this Agreement shall be for an initial period of FIVE (5) years (the “Initial
Term”), beginning on the Effective Date and shall continue for THREE (3) additional renewal
periods of ONE (1) year (each a “Renewal Term”). However, either the County or Spirit shall have
the right and option to terminate the Agreement at the end of the Initial Term or any Renewal Term
by providing the other party with ninety (90) days advance written notice prior to the end of the Initial
Term or then current Renewal Term, as the case may be, of its election not to so extend the
Agreement.
3. Treatment Rate.
a. 2018 Discount. Spirit hereby agrees that retroactive to July 1, 2018 and continuing through
December 31, 2018 the rate charged for processing Leachate from the County and its agencies
and instrumentalities shall be $0.047/gallon. The County shall receive a partial credit against its
account for any payment(s) made prior to the date of this Agreement at the higher rate of
$0.049/gallon in order to reflect the retroactive treatment rate change provided for herein.
b. Temporary Rate Freeze. Beginning January 1, 2019 and continuing through at least June 30,
2020, the rate charged for processing leachate shall remain fixed at $0.049/gallon.
Page 2 of 4
c. Rate Increases. Beginning July 1, 2020 and continuing on an annual basis thereafter Tenant shall
be entitled to increase, as of said date, the treatment rate for processing Leachate from the County
and its agencies and instrumentalities by a percentage equal to the greater of (i) the percentage
change, rounded to the nearest one hundredth of one percent, in the Consumer Price Index for All
Urban Consumers (CPI-U) published by the United States Department of Labor, Bureau of Labor
Statistics for the immediately preceding June 30th – July 1st TWELVE (12) month period; and (ii)
the percentage change in the County’s sewer usage rate applicable and charged to Spirit.
Provided, however, that for any such increases to be effective, Spirit shall provide the County
with written notice and the supporting data therefor on or before the September 1st preceding the
July 1st effective date. For illustration purposes: Tenant shall provide Landlord with advance
written notice of any increased treatment rate to become effective on July 1, 2020 no later than
September 1, 2019 based upon either the change in the County’s sewer usage rate applicable as of
that date or CPI-U data for the June 30, 2018 – July 1, 2019 period.
4. Minimum Leachate Capacity Reservation and Commitment. In each calendar year of the Term,
Spirit shall accept and the County shall deliver for processing a minimum of TEN MILLION
(10,000,000) gallons of Leachate (the “Committed Capacity”). Tenant shall ensure that sufficient
capacity is reserved and set aside at the CIPF at all times in connection with the requirements of this
subsection. If the amount of Committed Capacity is exceeded in a calendar year of the Term, then
additional volume shall not be counted in calculations regarding available capacity, flow limitations,
or allocation increases for Tenant’s operation of the CIPF. In the event the County delivers less than
the Committed Capacity for processing in a calendar year, then the County shall remit payment to
Spirit no later than THIRTY (30) days immediately following the end of said calendar year in an
amount equal to the difference between the Committed Capacity and the number of gallons delivered
for processing times the applicable treatment rate. By providing written notice to Spirit no later than
September 1st of the preceding calendar year, the County shall have the right to increase the
Committed Capacity to up to THIRTY MILLION (30,000,000) gallons per calendar year. Any
increase in the Committed Capacity in excess of THIRTY MILLION (30,000,000) million gallons
shall require the mutual agreement of the parties and an Amendment to this Agreement which may
also include additional changes to the rate charged for processing the leachate or other terms and
provisions of the Agreement.
5. Processing of Septage.
a. Septic Tank Information. Spirit shall continue to treat Septage generated in the County and in so
doing agrees to exercise commercially reasonable efforts, in cooperation with the County, to
obtain and provide or cause to be obtained and provided to the County, on a monthly basis, the
following information (i) number of pumped septic tanks delivered to Spirit for processing; and
(b) the address location for said tanks. The County, for its part, will require the County licensed
septic haulers to provide the above information with regard to each load of material delivered to
the CIPF as a condition of their septic haulers license. Spirit will agree to keep the provided
information strictly confidential and provide only to the County.
b. Incentive Program. The County intends to embark upon a public outreach program to encourage
single family homeowners to pump their septic systems more frequently. Because this program
will presumably result in increased septage volumes delivered to the CIPF for processing, Spirit
shall cooperate in good faith with the County in developing and participating in the program
which shall include inter alia an annual commitment by Spirit to honor discount vouchers in an
amount equal to the lesser of: (i) FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00); or
(ii) 20% of the demonstrated increase in septage processing revenue to Spirit at the CIPF. The
Page 3 of 4
terms, conditions and additional details of the “Septic Care Incentive Program” shall be mutually
agreed upon by Spirit and the County.
6. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors, assigns and transferees and shall be recorded among the
land records of Washington County and become a covenant running with the land upon which the
CIPF is located for the duration of the Term.
7. Governing Law. This Agreement shall be governed by the laws of the State of Maryland as to
interpretation, construction and performance.
8. Entire Agreement. This Agreement constitutes the entire agreement between the parties, there being
no other terms, oral or written, except as herein expressed.
9. Counterparts. This Agreement (i) may be executed in two (2) or more counterparts, each of which
shall be deemed an original, and all such counterparts shall together constitute one and the same
instrument; (ii) may be executed by facsimile signatures (or by copies of physically signed documents
exchanged via email attachment in PDF format or equivalent).
10. Amendments. This Agreement may be amended, changed or modified only by written amendment
executed by the parties hereto. No waiver of any provision of this Agreement shall be valid unless in
writing signed by the party charged.
11. Further Agreements. The parties shall at any time and from time to time after the date of this
Agreement, upon request of the other, do, execute, acknowledge and deliver, or will cause to be done,
executed, acknowledged or delivered, all such further acts, deeds, conveyances and assurances as may
reasonably be required to complete the transaction(s) contemplated herein.
12. 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.
13. Waiver. Neither party's waiver of the other's breach of any term, 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.
IN WITNESS WHEREOF, the parties have executed this Agreement under seal as of the date
set forth above.
[SIGNATURES ON FOLLOWING PAGE]
Page 4 of 4
ATTEST: COUNTY:
BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
_________________________ BY: _______________________________(SEAL)
Vicki C. Lumm, Clerk Terry L. Baker, President
ATTEST: SPIRIT:
SPIRIT SERVICES, INCORPORATED OF
WASHINGTON COUNTY
_____________________________ By: ________________________________(SEAL)
Name: ______________________________
Title: ______________________________
Approved as to legal sufficiency:
___________________________
Kirk C. Downey
Deputy County Attorney
Open Session Item
SUBJECT: Fort Ritchie – Conveyance of Historic Preservation Easement
PRESENTATION DATE: November 13, 2018
PRESENTATION BY: James L. Sterling, Director, Public Works, and Kirk C. Downey,
Interim County Attorney
RECOMMENDED MOTION: Move to approve conveyance of a historic preservation
easement at Fort Ritchie to the Maryland Historical Trust and an Ordinance authorizing same;
and to authorize the execution of all documents necessary to effectuate the conveyance.
REPORT-IN-BRIEF: The Maryland Historical Trust desires a preservation easement over a
portion of the Fort Ritchie property (essentially, the parade ground and surrounding buildings).
DISCUSSION: The Fort Ritchie property includes the Camp Ritchie Historic District, which is
listed in the Maryland Register of Historic Properties and is eligible for listing in the National
Register of Historic Places. The Deed to the property contains a Historic Property and
Preservation Covenant in the favor of the State Historic Preservation Officer (the Director of the
Maryland Historical Trust) that places certain restrictions upon development and alteration of the
property. The State Historic Preservation Officer, the Trust, and the County agree that
redevelopment of the property and interest in long-term preservation of the Historic District will
be best served by (i) conveyance of a historic preservation easement to MHT and (ii) subsequent
waiver by the SHPO of rights and responsibilities contained in the Covenant.
FISCAL IMPACT: None
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: MHT Easement Plat
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
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