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Individuals 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
December 19, 2017
Agenda
10:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Terry L. Baker
APPROVAL OF MINUTES – DECEMBER 12, 2017
10:05 A.M. COMMISSIONERS’ REPORTS AND COMMENTS
10:10 A.M. REPORTS FROM COUNTY STAFF
10:15 A.M. CITIZENS PARTICIPATION
10:20 A.M. HAGERSTOWN URBAN IMPROVEMENT PROJECT – GRANT AGREEMENT
AND SUB-RECIPIENT AGREEMENT REVIEW AND APPROVAL – Jim Hovis, Chief
Operations Officer, County Administrators Office and Susan Buchanan, Senior Grant
Manager, Office of Community Grant Management
10:30 A.M. PUBLIC HEARING: APPLICATION FOR MAP AMENDMENT RZ-17-006 -
Travis Allen, Comprehensive Planner, Planning & Zoning Department
10:45 A.M. YOUTH MERITORIOUS AWARDS - Tiffany Miller and Bd of Co Commissioners
10:55 A.M. JURISDICTIONS WITH LOCAL PREFERENCE (INFORMATIONAL PURPOSES
ONLY) – Rick Curry, Director, Purchasing Department
11:00 A.M. INTERGOVERNMENTAL COOPERATIVE PURCHASE (INGT-17-002) ONE (1)
REGULAR CAB DUMP TRUCK FOR PARKS & FACILITIES – Rick Curry, Director,
Purchasing Department and John Pennesi, Deputy Director, Parks & Facilities
11:05 A.M. BID AWARD (PUR-1372) PURCHASE OR LEASE AND SUPPLYING OF GOLF
CARTS FOR WASH.CO. BLACK ROCK COURSE - Rick Curry, Director, Purchasing
Department and Darrell Whittington, Golf Director, Black Rock Golf Course
11:10 A.M. BID AWARD (PUR-1370) SNOW REMOVAL EQUIPMENT ONE (1) NEW
AIRCRAFT DEICE TRUCK WITH RAPID HEAT AND FORCED AIR SYSTEM –
Brandi Naugle, Buyer, Purchasing Department and Phil Ridenour, Director, Hagerstown
Regional Airport
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.
11:15 A.M. CONTRACT AWARD (PUR-1360) CITY/COUNTY LANDFILL GAS MITIGATION
– Brandi Naugle, Buyer, Purchasing Department and Dave Mason, Deputy Director,
Environmental Management, Solid Waste Division
11:20 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; and to consult with counsel to obtain legal advice on a
legal matter.)
12:10 P.M. RECONVENE IN OPEN SESSION
12:25 P.M. ADJOURNMENT
Open Session Item
SUBJECT: Hagerstown Urban Improvement Project-Grant Agreement and Sub-Recipient
Agreement Review and Approval
PRESENTATION DATE: December 19, 2017
PRESENTATION BY: James B. Hovis, Director, Office of Community Grant Management;
Susan Buchanan, Sr. Grant Manager, Office of Community Grant Management
RECOMMENDED MOTION: Move to approve the presented sub-recipient agreements for
execution to the Urban Improvement Project (UIP) partners for consideration and formal approval
by their respective Boards; Allow for non-substantive modifications to the sub- recipient
agreements with the concurrence of the County Attorney; and upon execution of all three sub-
recipient agreements, approve the execution of the Fiscal Year 2018 Capital Projects Grant
Agreement between the State of Maryland (Funder), the County (Grantee), Washington County
Board of Education, University System of Maryland, and the Maryland Theatre(Recipients).
REPORT-IN-BRIEF: In 2017, the Hagerstown Urban Improvement Project received a $1.5
million dollar Maryland Capital Bond Bill award. The Bond Bill language designated Washington
County as the Grantee and The Maryland Theatre, Washington County Board of Education, and
the University System of Maryland-Hagerstown as the beneficiaries. As the grantee, the County is
responsible to draft and enter into sub-recipient agreements with the beneficiaries. Upon execution
of the sub-recipient agreements the County and beneficiaries must agree to and execute the Capital
Projects Grant Agreement to receive awarded funding.
Should approval be provided upon the agreements presented herein, any substantive requests from
sub-recipients will be brought before the Board for formal approval.
DISCUSSION: The sub-recipient agreement primarily serves as a means to detail agreed upon
financial considerations as well as the obligations associated with the receipt of such funding. The
entire agreement is contingent upon receipt of funding from the State. The document details
specific reporting procedures and remedies available to the County for a default of agreement.
Most importantly, the document incorporates the Capital Project Grant Agreement into the sub-
recipient agreement and holds the beneficiaries responsible to the same conditions and
requirements as the County. The agreement also serves to limit the County’s risk of fiscal recovery
by the funder in the event of a default of agreement.
Per the February 2017 executed MOU with the UIP partners, the fiscal year 2018 award of
$1,500,000 will be dedicated to the Urban Education Campus. The State’s capital budget does
include $6,000,000 in additional funding for the UIP project through fiscal year 2022. Also per
agreement and contingent upon continued funding, the Urban Education Campus will receive an
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
additional $500,000 of the Grant in fiscal year 2019 and $500,000 of the Grant in fiscal year 2020
for a total award of $2,500,000.
In fiscal years 2021 and 2022 the Maryland Theatre is scheduled to receive $2,500,000 of the Grant
each year respectively for a total award of $5,000,000.
FISCAL IMPACT: The execution of the sub-recipient agreements and the Capital Grant
Agreement will have no fiscal impact to the County. However, the County could be responsible
initially for fiscal recovery in the event of a default by the sub-recipient. The sub-recipient
agreement will provide the County remedies to recover any liabilities from the sub-recipients of
the awarded funding.
CONCURRENCES: County Administrator, Director, Office of Community Grant
Management.
ALTERNATIVES: Deny the awarded funding thereby eliminating the need for the sub-
recipient agreement.
ATTACHMENTS: Capital Projects Grant Agreement, Draft Sub-Recipient Agreements
AUDIO/VISUAL TO BE USED: N/A
State of Maryland
CAPITAL PROJECTS GRANT AGREEMENT
This Agreement ("Agreement") is entered into this _ day of , 20_,
by and between the State of Maryland ("State"), acting through the Board of
Public Works (BPW), and Board of County Commissioners of Washington
County ("Grantee"), whose federal taxpayer identification number is
and the Maryland Theatre Association, Inc.
("Beneficiary") whose federal taxpayer identification number is
and the Board of Education of Washington County
("Beneficiary") whose federal taxpayer identification number is
and the University System of Maryland ("Beneficiary")
whose federal taxpayer identification number is
Recitals
A. Grantee has requested grant assistance from the State and has completed
the Capital Projects Grant Application.
B. Th e Assembly has authorized this Grant titled Hagerstown
R on provided that Grantee expends the money only for the
purposes utlined below.
C. Grantee has no property i es n the Project, which is owned by the
Beneficiaries, the Ma a re Association, Inc., the Board of
Education of Washingt C , and the University System of Maryland.
Therefore, the State, Grantee, and Beneficiaries agree as follows:
Purpose. Grantee and Beneficiary may use fu s r the following
purpose only ("Project"): For the plan1y anCl , construction, and
(See Enabling Act: DGS Item 12.,4, Chapter 022 of the Laws of Maryland
2017; which is incorporated herein by reference.)
2. Grant. After the BPW approves this Agreement, the State shall
periodically provide grant funds ("Grant") to, or on behalf of, Grantee or
Beneficiary not to exceed the lesser of: ($1,500,000.00) One Million Five
Hundred Thousand Dollars or the amount of Grantee's matching fund
according to the matching fund requirement as stated in the Enabling Act.
3. Termination or Reduction of Authorization. The BPW, in its sole
discretion, may reduce or terminate the authorization to provide the Grant
in the event: (a) Grantee fails to provide evidence of the required
matching fund by 6 1 202 ; or (b) no part of the Project is under contract
by 6 i 20 or (c) the Project is abandoned. The Enabling Act's
authorization automatically terminates -for any grant funds that are
unexpended or unencumbered by 6 1 202 .
4. Matching Fund. If the Enabling Act requires, Grantee must provide and
expend a matching fund. Failure to prove any required matching fund
may affect the authorization pursuant to Paragraph 3 of this Agreement.
5. Disbursement of Grant. Subject to the availability of funds, the BPW may
periodically authorize payment to, or on behalf of, Grantee or Beneficiaries
funds in an amount not to exceed the Grant amount.
6. Limitations on Use. The BPW or its designee may, in its sole discretion,
disapprove requests for disbursement or expenditure of Grant funds that
are not consistent with or are not specifically related ,to the Project
purpose or this Agreement generally.
7. Term. This Agreement terminates if the BPW terminates the grant
authorization under Paragraph 3 without issuing bonds. Otherwise, this
Agreement is in effect so long as any State general obligation bonds issued,
sold, and delivered to provide funds for this Grant, remain outstanding, or
for such longer period as the parties may agree.
8. PaurReffit-AWNeVure. Payment procedures contained in the most recent
ed' i n ry and Capital Grants Projects: Information for State of
M pital Grant Recipients [http://dgs.maryland.gov/pages/
gra s/i x.aspx] are incorporated herein by reference. The State shall
make payment to, or on behalf of, Grantee or Beneficiaries in accordance
with those procedures 0�andta other terms and conditions as the BPW, in
its sole discretion, maye9. Reports:
(a) Section �7-402 State Finance and Procurement Article,
Annotated Code of Maryland, requires Grantee to submit a verified
report that fully and accurately accolpn4 fop a opriate Grant
expenditures. Requests for paymfeeAtmply
accordance with
Paragraph 8 of this Agreement are with Section
7-402.
(b) Grantee shall submit other reports or information as the State may
periodically require, including project status reports and certified
audit reports.
10. Communications. Communications must be addressed as follows:
To the Statei
Office of the Comptroller
Capital Grants Program Administrator
8o Calvert Street, Room 215
Annapolis, Maryland 21404-0466
Department of General Services
CGL Program Manager
301 W. Preston Street, Room 1405
Baltimore, Maryland 21201
2
To the Grantee:
To the Beneficiary:
To the Beneficiary: To the Beneficiary:
11. De cult. A default is Grantee's or Beneficiaries' breach of any of the
covenants, agreements, or certifications contained in this Agreement.
12. Reme De ault.
(a) h occurrence of any default, the State, as the BPW in its sole
ion determines, may do one or more of the following:
etRequire
Grantee or Beneficiaries to repay the Grant, in whole
or in part.
(ii) Recoup the amount of the Grant already paid from funds due
the Granat
aries from any other current or future
State I a o any other funds, otherwise due and
owing GBeneficiaries.
(iii) Withholpayments under this Agreement.
(iv) Terminate this Agreement.
(b) In addition to the rights and remedies contained in agreement,
the State may at any time proceed to t t n enforce all rights
available to it. All rights and reme ies the termination of
this Agreement.
13. Disposition of Property. Grantee or Beneficiaries may not sell, lease,
exchange, give away, or otherwise transfer or dispose of any interest in real
or personal property acquired or improved with Grant funds ("Grant -
Funded Property") unless the BPW gives prior written consent. This
includes transfer or disposition to a successor on the merger, dissolution,
or other termination of the existence of Grantee or Beneficiaries. Grantee
or Beneficiaries shall give the BPW written notice at least 6o days before
any proposed transfer or disposition. When consenting to a transfer or
disposition, the Board of Public Works may in its sole discretion require
the grantee or beneficiaries to repay a percentage of the proceeds that are
allocable to the grant.
14. Inspection and Retention ' of Records. Grantee and Beneficiaries shall
permit any duly authorized representative of the State to inspect and audit
all records and documents of Grantee or Beneficiaries relating to this
Grant. Grantee and Beneficiaries shall retain such records for at least
three years after this Agreement terminates.
15. Insurance.
(a) For any item of Grant -Funded Property that has an original fair
market value of, $5,000 or more., Grantee or Beneficiaries shall, at
its own expense and for the reasonable useful life of that item,
obtain and maintain all risk of fire and extended coverage insurance
or such similar insurance coverage as .may be appropriate for the
full value of the item or in amounts as may be commercially
reasonable under the circumstances. Grantee's or Beneficiaries'
insurer must be authorized to issue the policy in the State. Each
such policy shall by its terms:
(i) Name the State as an additional loss payee thereunder.
(ii) Be considered primary and non-contributory with respect to
any other insurance, if any, provided by the State.
(iii) Be cancelable only on at least 3o days written notice to
Grantee or Beneficiaries, as applicable, and to the BPW.
(b) On request, Grantee or Beneficiaries shall, provide the BPW or its
designee with satisfactory evidence of insurance.
(c) Proceeds of insurance required by this Paragraph may be applied as
the BPW, in its sole discretion, shall determine toward replacement
Funded Property or toward repayment of the Grant to the
S
(d PW Wor its .designee in its sole discretion may determine that
G tee or Beneficiaries may self -insure Grant -Funded Property if
Grantee or Beneficiaries has adequate financial resources.
16. Indemnification. Grant n ficiaries are responsible for, and shall
defend, indemnify, an of mless the State, its officers, agents, and
employees, whether o e State be deemed contributorily negligent,
from all suits, actions, is ility, or claims of liability (including reasonable
attorneys' fees) arising out of:
(a) The Project, including its construction.
(b) Grantee's and Beneficiaries' use, occ uct, operation, or
management of the Project.
(c) Any negligent, intentionally tortious,koertor omission of
Grantee, Beneficiaries, or any of its agents, contractors, servants,
employees, subtenants, licensees, or invitees in connection with the
Project.
(d) Any injury to or death of any person or damage to any property
occurring in, on, or as a direct or indirect result of the Project or any
of Grantee's or Beneficiaries' activities in connection therewith.
17. Registration. Grantee is a (charitable _) (religious _) organization
registered with the Maryland Secretary of State in accordance with the
Annotated Code of Maryland [Business Regulation Article or Corporations
and Association Article]; is in good standing; and has filed all of its
required reports with the Maryland Secretary of State.
Check if YES
Check if NOT APPLICABLE _ and explain:
4
18. Commercial and Employment Nondiscrimination. Grantee and
Beneficiaries shall:
(a) Not discriminate in the selection, hiring, or treatment of any
employee, employment applicant, vendor, supplier, subcontractor,
or commercial customer on the basis of race, color, religion,
ancestry or national origin, sex, age, martial status, sexual
orientation, or on the basis of disability or any other unlawful use of
characteristics unrelated to performance.
(b) Include a clause similar to sub -paragraph (a) in any contract under
this Grant.
(c) Post, and cause contractors to post, in conspicuous places notices
setting forth the nondiscrimination policy.
ig. Drug and Alcohol Policy. Grantee and Beneficiaries each certify that it
shall make a good faith -effort to eliminate illegal drug use and alcohol and
drug abuse from its workplace. Specifically, Grantee and Beneficiaries
shall each:
(a) Prohibit the unlawful manufacture, distribution, dispensation,
os si n, or use of drugs in its workplace.
(b MNireor
it its employees from working under the influence of alcohol
gs.
(c) assign to work on an activity funded in whole or part
with State funds, anyone whom it knows, or in the exercise of due
diligence should know currently abuses alcohol or drugs and is not
actively engaged ' o fi rehabilitation program.
(d) Promptly infor kne. opriate law enforcement agency of every
drug -related cri at occurs in its workplace if it or its employee
has observed the violation or otherwise has reliable information
that a violation has occurred.
(e) Notify employees that drugs and alco braanned in the
workplace, impose sanctions on a e drugs and
alcohol in the workplace, and institu e s a drug -free
and alcohol -free workplace.
20. Compliance with Applicable Law. Grantee and Beneficiaries each hereby
represents and warrants that it:
(a) Is qualified to do business in the State of Maryland and that it will
take such action as, from time to time hereafter, may be necessary
to remain so qualified;
(b) Is not in arrears with respect to the payment of any monies due and
owing the State of Maryland, or any department or unit thereof,
including but not limited to the payment of taxes and employee
benefits, and that it shall not become so in arrears during the Grant
term;
(c) Shall comply with all federal, State, and local laws, regulations, and
ordinances applicable to its activities and obligations under this
Grant.
(d) Shall obtain, at its expense, all licenses, permits, insurance, and
governmental approvals, if any, necessary to the performance of its
obligations under this Grant.
5
21. Non -Debarment. Neither Grantee nor Beneficiaries, nor any of its
officers, directors, or any of its employees directly involved in obtaining or
performing grants or contracts with public bodies has:
(a) Been convicted of bribery, attempted bribery, or conspiracy to bribe
in violation of any state or federal law.
(b) Been convicted under any state or federal statute of any offense
enumerated in Section 16-203 of the State Finance and
Procurement Article, Annotated Code of Maryland.
(c) Been found civilly liable under any state or federal antitrust statute
as provided in Section 16-203 of the State Finance and
Procurement Article, Annotated Code of Maryland.
22. Non -Collusion. Neither Grantee nor Beneficiaries, nor any of its officers,
directors, or any of its employees directly involved in obtaining or
performing grants or contracts with public bodies has:
(a) Agreed, conspired, connived, or colluded to produce a deceptive
show of competition in obtaining or performing this Grant.
(bWreaint
nner, directly or indirectly, entered into any agreement of
to fix the bid price or price proposal of. any bidder or
of any competitor, or otherwise taken any action in
f free competitive bidding in connection with this Grant.
23. Financial Disclosure. GOar
a and Beneficiaries are aware of, and will
comply with, Section 1ee
ateFinance and Procurement Article,
Annotated Code of M h requires that every business that
enters into contracts,or other agreements _with the State or its
agencies during a calear under which the business is to receive in
the aggregate $1oo,000 or more shall, within 3o days of the time when the
aggregate value of the contracts, leases or er gr ents reaches
$1oo,000, file with the Maryland Secret certain specified
information to include disclosure of benefi al ip of the business.
24. Political Contributions. Grantee and .Beneficiaries are aware of, and will
comply with, Election Law Article, Title 14, Annotated Code of Maryland,
which requires that every person that enters into contracts, leases, or other
agreements with the State, including its agencies or a political subdivision
of the State, during a calendar year in which the person receives in the
aggregate $200,000 or more shall file with the State Administrative Board
of Election Laws a statement disclosing contributions in excess of $500
made during the reporting period to a candidate for elective office in any
primary or general election.
25. No Contingent Fees. Neither Grantee nor Beneficiaries have employed or
retained any person, partnership, corporation, or other entity, other than a
bona fide employee or agent working for Grantee or Beneficiaries, to solicit
or secure the Grant. Neither Grantee nor Beneficiaries have paid or agreed
to pay any person, partnership, corporation, or other entity, other than a
bona fide employee or agent, any fee or any other consideration contingent
on the making of the Grant.
G
26. No Lobbying Fees. In accordance with Section 7-221 of the State Finance
and Procurement Article, Annotated Code of Maryland, each of Grantee
and Beneficiary certifies that no State money has been paid or promised to
any legislative agent, lawyer, or lobbyist for any service to obtain the
legislation establishing or appropriating funds for the Grant.
27. Non -hiring of State Employees. No State employee whose duties as such
employee include matters relating to or affecting the subject matter of this
Grant, shall, while so employed, become or be an employee of Grantee or
Beneficiaries.
28. Amendment. The Agreement may be amended only in a writing signed by
the parties.
29. Assignment. Grantee may not assign this Agreement without the prior
written approval of the BPW. If the BPW approves an assignment, this
Agreement shall bind Grantee's successors and assigns.
30. Entire Agreement. This Agreement represents the complete and final
tend Wngf the parties. No other understanding or representations,
or rregarding the subject matter of this Agreement, shall be
deb or to bind the parties at the time the parties sign the
Agi'uemeTtf.
31. Maryland Law. Maryland 1 go ern the interpretation and enforcement
of this Agreement.
By their signatures, the pantie so ree:
WITNESS: GRANTEE:
By: (Seal)
Name:
Title:
BENEFICIARY: BENEFICIARY:
By: By:
Name: Name:
Title:
BENEFICIARY:
By:
Name:
Title:
Title:
7
STATE OF MARYLAND
BOARD OF PUBLIC WORKS
Sheila McDonald
Executive Secretary
Approved as to form and legal
sufficiency for the State of Maryland.
Board of Public Works General Counsel
as of
Date
BPW APPR tem -CGL (_/ /20 )
CAPITAL PROJECTS GRANT AGREEMENT
Standard Form or
O)V
1
HAGERSTOWN REVITALIZATION PROJECT
CAPITAL PROJECTS BOND BILL
SUBRECIPIENT AGREEMENT
FISCAL YEAR 2018
THIS SUBRECIPIENT AGREEMENT (“Agreement”) is made this ______ day of
_____________, 2017, by and between BOARD OF EDUCATION OF WASHINGTON
COUNTY, MARYLAND a body corporate of the State of Maryland (the “Subrecipient”) and
the BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY,
MARYLAND, a body corporate and politic and a political subdivision of the State of
Maryland (the “County”).
RECITALS
The Maryland General Assembly has authorized a Grant titled Hagerstown
Revitalization-Maryland Theatre, Barbara Ingram School, University System of Maryland
(collectively, the “Hagerstown Revitalization Project” or “HRP”). The authorization of this
grant in the form of a Bond Bill was authorized by the Maryland General Assembly and
enacted into Law by Chapter 022, Acts of 2017.
Pursuant to a CAPITAL PROJECTS GRANT AGREEMENT (the “Grant Agreement”)
between the State of Maryland (“State”) acting through the Board of Public Works (BPW) and
the County, a copy of which is attached hereto as Attachment #1 and is incorporated into and
made a part of this Agreement upon its execution, the County has received an award of grant
funds for the HRP Project in the amount of One Million Five Hundred Thousand Dollars
($1,500,000.00) (the “Grant”) in Fiscal Year 2018. The purpose of the Grant is to provide
funding for the planning, design, construction, and capital equipping of the Maryland
Theatre and the Barbara Ingram School for the Arts and for the University System of
Maryland at Hagerstown, located in Washington County, Maryland.
As part of the Grant Agreement, Subrecipient has agreed to comply with all
requirements of the Grant as set forth in the Grant Agreement and any subsequent
amendments to the Grant Agreement, and the County has therefore designated Subrecipient
to be the beneficiary of the authorized funding for eligible expenses, and according to prior
agreement has allocated One Million Five Hundred Thousand ($1,500,000.00) (“Subrecipient
Grant Funds”) of the award herein contained to Subrecipient for that purpose.
2
It is further agreed and understood that the County anticipates additional Bond Bill
Authorizations for the same purpose herein contained in fiscal years 2019, 2020, 2021, and
2022. Therefore, contingent upon the receipt of additional bond bill authorizations in the
amounts anticipated, the Subrecipient will receive allocations as follows: fiscal year 2019 -
Five Hundred Thousand Dollars ($500,000.00); fiscal year 2020 - Five Hundred Thousand
Dollars ($500,000.00); fiscal year 2021 - Zero Dollars ($0.00); and fiscal year 2022 - Zero Dollars
($0.00).
NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement and intending to be legally bound, the parties agree as follows:
1. Subrecipient shall faithfully perform and certify the performance of the “Project” as
outlined in the Grant Agreement.
2. Subrecipient recognizes there are no matching funds associated with the acceptance
of this grant as stated in the Enabling Act.
3. The County, as recipient of grant funds, shall reimburse Subrecipient on a periodic
basis in an amount equal to the actual expenses incurred for approved Grant activities
as certified to the County by Subrecipient using prescribed forms. The receipt of State
grant funds from BPW is a condition precedent to the County’s obligation to
reimburse as set forth in this paragraph.
4. Subrecipient shall maintain accurate financial records and shall prepare and certify all
reports required by the Grant Agreement and this Agreement. Certified reports shall
be provided to the assigned Washington County Office of Community Grant
Management Grant Manager (“OCGM Grant Manager”) for approval and forwarding
to the State.
5. Subrecipient agrees to submit all required or requested fiscal and programmatic
reports to the OCGM Grant Manager in a timely manner upon a reasonable request.
For reports with established due dates, Subrecipient agrees to submit all required
reports on or before the corresponding due date.
6. Subrecipient acknowledges that the County reserves the absolute right to take
corrective action for failure to comply with established reporting requirements.
Corrective action includes, but is not limited to, withholding of payments, instituting
financial penalties, and declaring Subrecipient in default this Agreement.
3
7. Subrecipient acknowledges that payments for work performed under the provisions
of this Agreement shall be made utilizing a “reimbursement method” unless
otherwise specified and agreed to by all parties subject to this Agreement.
(a) Disbursement of funds under this Agreement shall be for actual expenses
determined by the Grantee to have been properly incurred and allowable by
the Grant Agreement.
(b) Subrecipient may request funds to pay for eligible, actual costs already
incurred in connection with the Project. The Grantee shall have the right at
any time to request the Subrecipient provide additional supporting
documentation in connection with any request for disbursement.
(c) The Request for Disbursement should utilize the Payment Request form which
is available at www.dgs.maryland.gov/documents/grants/payment-req.pdf
and provided as an attachment to this document labeled Attachment 2. The
request must include supporting documentation, including receipts, invoices,
and cancelled checks.
(d) The Grantee has the right to withhold disbursement of the Subrecipient Grant
Funds if it is determined that the Subrecipient is not performing or completing
the Project in accordance with the terms of this Agreement.
8. The parties agree that Subrecipient shall act as an independent contractor for the
purposes of fulfilling its duties and obligations under this Agreement.
9. Subrecipient shall be subject to the same terms and conditions applicable to the
County as contained in the Grant Agreement between the County and State. Should
a conflict arise during the performance of administration of the project between this
Agreement and the Grant Agreement, the terms of the Grant Agreement shall prevail.
10. Subrecipient recognizes that the County shall designate the assigned OCGM Grant
Manager to administer the Grant Agreement and this Agreement.
11. The designated contact person for Subrecipient shall be Dr. Boyd J. Michael, III,
Superintendent of Schools, 10435 Downsville Pike, Hagerstown, Maryland 21740, 301-
766-2816, MichaBoy@wcps.k12.md.us. The contact person shall be responsible to
Deleted:
and to indemnify the County against all claims, suits and
actions arising out of any of Subrecipient’ s duties and
Deleted:
Deleted:
4
ensure that all communications received from the County in relation to the Grant
Agreement and this Agreement is attended to in a timely manner.
12. Any modifications to the Project as described in this Agreement, which is mutually
agreed upon by the County, State, and Subrecipient may be incorporated in this
Agreement by a written letter of amendment upon approval by all parties.
13. Subrecipient recognizes the responsibility of the County or its agents to periodically
monitor the fiscal and programmatic records of the Subrecipient pertaining to this
Agreement and agrees to cooperate with any reasonable request(s) in relation to the
monitoring.
14. Subrecipient shall permit the County, OCGM, or their agents, and authorized
representatives of the State to inspect and audit all data and records of Subrecipient
relating to its performance under this Agreement.
15. If the Subrecipient contracts any portion of the work to another organization,
person(s), business or entity they must follow all provisions related to procurement,
contractor selection, debarment, and necessary contract clauses, required by the
County and the State. All eligible contracts including contracts for matching funds
will need to be submitted to the State for approval prior to requesting reimbursement
for incurred costs. The subrecipient must provide evidence to the County that any
selected person, business, or entity is not debarred from doing business with the State
prior to entering into any binding contract to perform work related to the Project.
Detailed instructions regarding the procedures for obtaining State approval for
contracts granted under this award are found in the Maryland Capital Grants Projects
(Information for State of Maryland Capital Grant Recipients) found at
http://dgs.maryland.gov/Documents/grants/cglbook.pdf.
16. In accordance with State preference, Subrecipient acknowledges that all
correspondence, questions, or concerns in relation to this Agreement should be
directed to the OCGM Grant Manager or Director of the OCGM.
17. In performance of its obligations under this Agreement, Subrecipient, its agents,
employees and assigns, shall comply with all applicable State, federal, and local laws,
regulations and requirements. Subrecipient agrees to promptly notify the appropriate
OCGM Grant Manager in the event of allegations or evidence of theft,
misappropriation of funds, or any other criminal act or civil litigation.
5
18. The following provisions regarding equal employment opportunity shall apply:
A. Subrecipient shall comply with all applicable federal, State and local laws,
rules and regulations pertaining to equal employment opportunity and shall
not discriminate in any manner against any employee or applicant for
employment because of race, color, religion, creed, age, sex, sexual orientation,
marital status, national origin, ancestry or disability of a qualified individual
with a disability. Subrecipient will take affirmative action to insure that
applicants are employed and employees are treated fairly during employment
without regard to their race, color, religion, creed, age, sex, sexual orientation,
marital status, national origin, ancestry or disability of a qualified individual
with a disability. Such action shall include, but not be limited to the following:
employment, promotion, demotion, transfer, recruitment, or recruitment
advertising, furloughs or terminations, rates of pay or other forms of
compensation, and selection for training, including apprenticeships.
Subrecipient shall post in a conspicuous place, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
B. Subrecipient shall, in all solicitations or advertisements for employees placed
by or on behalf of Subrecipient; state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, creed,
age, sex, sexual orientation, marital status, national origin, ancestry or
disability of a qualified individual with a disability.
C. Subrecipient shall permit access to its books, records and accounts by the State,
County, OCGM, or their agents for purposes of investigation to ascertain
compliance with this section.
D. If Subrecipient fails to comply with the nondiscrimination clauses of this
Agreement, this Agreement may be cancelled in whole or in part by written
notice from the County and Subrecipient may be declared ineligible for further
agreements with the County. Subrecipient shall include the provisions of the
foregoing paragraphs in every subcontract or purchase order so that such
provision will be binding upon each subcontractor or vendor. Subrecipient
will take such action with respect to any subcontract or purchase order as the
County may direct as means of enforcing such provisions including sanctions
6
for noncompliance. Provided, however, that if Subrecipient becomes involved
in or is threatened with litigation with the subcontractor or vendor as a result
of such direction by the County, Subrecipient may request the County to enter
into such litigation to protect the interest of the County.
19. Default, Repayment and Remedies:
a) A default under this Agreement shall occur if:
1. Subrecipient fails to obligate and expend the Subrecipient Grant
Funds within the time frames set forth in Section 3 of the Capital
Projects Grant Agreement;
2. There is any use of the Subrecipient Grant Funds by Subrecipient
for any purpose other than authorized by the Act, the
Regulations, any documents promulgated under the
Regulations, this agreement, and as specifically described in the
Purpose description located in Section 1 of the Capital Projects
Grant Agreement; or
3. There is a breach of any covenant, agreement, provision,
representation, warranty or certification of Subrecipient which
was made in this Agreement or the Capital Projects Grant
application.
b) Upon the occurrence of any default, the County shall have the right to
terminate this Agreement by notice to Subrecipient, subject to the
provisions of Section 12 of the Capital Projects Grant Agreement,
Pursuant to Section 12(a) of the Capital Projects Grant Agreement; upon
default the County may:
1. Require Subrecipient to repay the Grant, in whole or in part.
2. Recoup the amount the Grant already paid from funds due the
Subrecipient from any other current of future State or County grant
or loan or any other funds, otherwise due and owing Subrecipient.
3. Withhold further payments under this Agreement.
4. Terminate this Agreement.
c) Subrecipient shall have thirty (30) days from the date the County’s
notice was postmarked to cure the default, unless the State or County
Deleted:
7
requests the repayment of any Subrecipient Grant Funds in which case
Subrecipient shall immediately return the Subrecipient Grant Funds to
the County. If repayment has not requested and, after the conclusion of
the thirty (30) day period, Subrecipient has not cured the default to the
satisfaction of the County, the County may terminate this Agreement.
d) In the event of termination of this Agreement:
1) Subrecipient’ s authority to request any further disbursement shall
immediately cease and Subrecipient shall have no right, title, or
interest in or to any of the Subrecipient Grant Funds not disbursed;
and
2) The County may demand the immediate repayment of all or a
portion of the Subrecipient Grant Funds which have been
disbursed.
e) Any and all of the County’s remedies may be exercised
contemporaneously, and all of such rights shall survive any termination
of this Agreement.
f) If a default occurs, the County may at any time proceed to protect and
enforce all rights available to the County under the Regulations, the Act,
at law or in equity, or by any other appropriate proceedings, which
rights and remedies shall survive the termination of this Agreement.
Furthermore, no failure or delay by the County to insist upon the strict
performance of any term, condition, representation or warranty of this
Agreement or to exercise any right, power or remedy shall constitute a
waiver of any such term, condition, representation or warranty nor
preclude the County or State from exercising any such right, power, or
remedy at any later time.
20. All covenants, agreements, representations and warranties made in this Agreement
and in any other documents delivered pursuant hereto shall survive closeout of the
Capital Projects Grant Agreement and shall continue in full force and effect until the
County has complied with all terms and conditions of the close-out agreement
executed by and between State and the County for the Project.
8
21. In accordance with the guidelines of the Capital Projects Grant program, no officer,
member or employee of the County, or other local public agencies which exercise any
functions or responsibilities in review or approval of the undertaking or carrying out
of this Agreement, shall have any personal interest, direct or indirect, apart from his
or her official duties, in this Agreement or its proceeds.
22. This Agreement contains the entire understanding and obligations of the parties and
supersedes all prior representation, understandings, and communications.
Furthermore, this Agreement shall not be construed to imply that the County will pay
for any expenses incurred by Subrecipient as provided above and beyond the period
ending June 1, 2024.
DULY EXECUTED on behalf of the parties as of the day and year first written.
ATTEST/WITNESS: BOARD OF EDUCATION OF WASHINGTON
COUNTY, MARYLAND
___________________________ BY: ___________________________________
Melissa A. Williams, President
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
___________________________ BY: ___________________________________
Vicki C. Lumm, Clerk Terry L. Baker, President
Approved: Approved as to form and
legal sufficiency:
___________________________
James B. Hovis, Director ________________________________
Washington County Office of John M. Martirano
Community Grant Management County Attorney
Deleted:
Deleted:
9
HAGERSTOWN REVITALIZATION PROJECT
CAPITAL PROJECTS BOND BILL
SUBRECIPIENT AGREEMENT
FISCAL YEAR 2018
THIS SUBRECIPIENT AGREEMENT (“Agreement”) is made this ______ day of
_____________, 2017, by and between THE MARYLAND THEATRE ASSOCIATION a
Maryland non-profit corporation of the State of Maryland (the “Subrecipient”) and the
BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY,
MARYLAND, a body corporate and politic and a political subdivision of the State of
Maryland (the “County”).
RECITALS
The Maryland General Assembly has authorized a Grant titled Hagerstown
Revitalization-Maryland Theatre, Barbara Ingram School, University System of Maryland.
(collectively, the “Hagerstown Revitalization Project” or “HRP”) The authorization of this
grant in the form of a Bond Bill was authorized by the Maryland General Assembly and
enacted into Law by Chapter 022, Acts of 2017.
Pursuant to a CAPITAL PROJECTS GRANT AGREEMENT (the “Grant
Agreement”) between the State of Maryland (“State”) acting through the Board of Public
Works (BPW) and the County, a copy of which is attached hereto as Attachment #1 and is
incorporated into and made a part of this Agreement upon its execution, the County has
received an award of grant funds for the HRP Project in the amount of One Million Five
Hundred Thousand Dollars ($1,500,000.00) (the “Grant”). The purpose of the Grant is to
provide funding for the planning, design, construction, and capital equipping of the
Maryland Theatre and the Barbara Ingram School for the Arts and for the University
System of Maryland at Hagerstown, located in Washington County, Maryland.
As part of the Grant Agreement, Subrecipient has agreed to comply with all
requirements of the Grant as set forth in the Grant Agreement and any subsequent
amendments to the Grant Agreement, and the County has therefore designated
Subrecipient to be the beneficiary of the authorized funding for eligible expenses, and
according to prior agreement has allocated Zero Dollars ($0.00) (“Subrecipient Grant
Funds”) of the award herein contained to Subrecipient for that purpose.
It is further agreed and understood that the County anticipates additional Bond Bill
Authorizations for the same purpose herein contained in fiscal years 2019, 2020, 2021, and
2022. Therefore, contingent upon the receipt of additional bond bill authorizations in the
amounts anticipated, the Sub-recipient will receive allocations as follows: fiscal year 2019 -
Zero Dollars ($0.00); fiscal year 2020 - Zero Dollars ($0.00); fiscal year 2021 - Two Million
Five Hundred Thousand Dollars ($2,500,000.00); and fiscal year 2022 - Two Million Five
Hundred Thousand Dollars ($2,500,000.00).
NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement and intending to be legally bound, the parties agree as follows:
1. Subrecipient shall faithfully perform and certify the performance of the “Project” as
outlined in the Grant Agreement.
2. Subrecipient recognizes there are no matching funds associated with the acceptance
of this grant as stated in the Enabling Act.
3. The County, as recipient of grant funds, shall reimburse Subrecipient on a periodic
basis in an amount equal to the actual expenses incurred for approved Grant
activities as certified to the County by Subrecipient using prescribed forms. The
receipt of State grant funds from BPW is a condition precedent to the County’s
obligation to reimburse as set forth in this paragraph.
4. Subrecipient shall maintain accurate financial records and shall prepare and certify
all reports required by the Grant Agreement and this Agreement. Certified reports
shall be provided to the assigned Washington County Office of Community Grant
Management Grant Manager (“OCGM Grant Manager”) for approval and
forwarding to the State.
5. Subrecipient agrees to submit all required or requested fiscal and programmatic
reports to the OCGM Grant Manager in a timely manner upon a reasonable request.
For reports with established due dates, Subrecipient agrees to submit all required
reports on or before the corresponding due date.
6. Subrecipient acknowledges that the County reserves the absolute right to take
corrective action for failure to comply with established reporting requirements.
Corrective action includes, but is not limited to, withholding of payments, instituting
financial penalties, and declaring Subrecipient in default this Agreement.
7. Subrecipient acknowledges that payments for work performed under the provisions
of this Agreement shall be made utilizing a “reimbursement method” unless
otherwise specified and agreed to by all parties subject to this Agreement.
(a) Disbursement of funds under this Agreement shall be for actual expenses
determined by the Grantee to have been properly incurred and allowable by
the Grant Agreement.
(b) Subrecipient may request funds to pay for eligible, actual costs already
incurred in connection with the Project. The Grantee shall have the right at
any time to request the Subrecipient provide additional supporting
documentation in connection with any request for disbursement.
(c) The Request for Disbursement should utilize the Payment Request form
which is available at www.dgs.maryland.gov/documents/grants/payment-
req.pdf and provided as an attachment to this document labeled Attachment
2. The request must include supporting documentation, including receipts,
invoices, and cancelled checks.
(d) The Grantee has the right to withhold disbursement of the Subrecipient Grant
Funds if it is determined that the Subrecipient is not performing or
completing the Project in accordance with the terms of this Agreement.
8. Subrecipient agrees to hold the County harmless and to indemnify the County
against all claims, suits and actions arising out of any of Subrecipient’ s duties and
obligations under this Agreement. In addition, the parties agree that Subrecipient
shall act as an independent contractor for the purposes of fulfilling its duties and
obligations under this Agreement.
9. Subrecipient shall be subject to the same terms and conditions applicable to the
County as contained in the Grant Agreement between the County and State. Should
a conflict arise during the performance of administration of the project between this
Agreement and the Grant Agreement, the terms of the Grant Agreement shall
prevail.
10. Subrecipient recognizes that the County shall designate the assigned OCGM Grant
Manager to administer the Grant Agreement and this Agreement.
11. The designated contact person for Subrecipient shall be the President of the
Maryland Theatre Association or his/her designee. The contact person shall be
responsible to ensure that all communications received from the County in relation
to the Grant Agreement and this Agreement is attended to in a timely manner.
12. Any modifications to the Project as described in this Agreement, which is mutually
agreed upon by the County, State, and Subrecipient may be incorporated in this
Agreement by a written letter of amendment upon approval by all parties.
13. Subrecipient recognizes the responsibility of the County or its agents to periodically
monitor the fiscal and programmatic records of the Subrecipient pertaining to this
Agreement and agrees to cooperate with any reasonable request(s) in relation to the
monitoring.
14. Subrecipient shall permit the County, OCGM, or their agents, and authorized
representatives of the State to inspect and audit all data and records of Subrecipient
relating to its performance under this Agreement.
15. If the Subrecipient contracts any portion of the work to another organization,
person(s), business or entity they must follow all provisions related to procurement,
contractor selection, debarment, and necessary contract clauses, required by the
County and the State. All eligible contracts including contracts for matching funds
will need to be submitted to the State for approval prior to requesting
reimbursement for incurred costs. The subrecipient must provide evidence to the
County that any selected person, business, or entity is not debarred from doing
business with the State prior to entering into any binding contract to perform work
related to the Project. Detailed instructions regarding the procedures for obtaining
State approval for contracts granted under this award are found in the Maryland
Capital Grants Projects (Information for State of Maryland Capital Grant Recipients)
found at http://dgs.maryland.gov/Documents/grants/cglbook.pdf.
16. In accordance with State preference, Subrecipient acknowledges that all
correspondence, questions, or concerns in relation to this Agreement should be
directed to the OCGM Grant Manager or Director of the OCGM.
17. In performance of its obligations under this Agreement, Subrecipient, its agents,
employees and assigns, shall comply with all applicable State, federal, and local
laws, regulations and requirements. Subrecipient agrees to promptly notify the
appropriate OCGM Grant Manager in the event of allegations or evidence of theft,
misappropriation of funds, or any other criminal act or civil litigation.
18. The following provisions regarding equal employment opportunity shall apply:
A. Subrecipient shall comply with all applicable federal, State and local laws,
rules and regulations pertaining to equal employment opportunity and shall
not discriminate in any manner against any employee or applicant for
employment because of race, color, religion, creed, age, sex, sexual
orientation, marital status, national origin, ancestry or disability of a qualified
individual with a disability. Subrecipient will take affirmative action to
insure that applicants are employed and employees are treated fairly during
employment without regard to their race, color, religion, creed, age, sex,
sexual orientation, marital status, national origin, ancestry or disability of a
qualified individual with a disability. Such action shall include, but not be
limited to the following: employment, promotion, demotion, transfer,
recruitment, or recruitment advertising, furloughs or terminations, rates of
pay or other forms of compensation, and selection for training, including
apprenticeships. Subrecipient shall post in a conspicuous place, available to
employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
B. Subrecipient shall, in all solicitations or advertisements for employees placed
by or on behalf of Subrecipient; state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, creed,
age, sex, sexual orientation, marital status, national origin, ancestry or
disability of a qualified individual with a disability.
C. Subrecipient shall permit access to its books, records and accounts by the
State, County, OCGM, or their agents for purposes of investigation to
ascertain compliance with this section.
D. If Subrecipient fails to comply with the nondiscrimination clauses of this
Agreement, this Agreement may be cancelled in whole or in part by written
notice from the County and Subrecipient may be declared ineligible for
further agreements with the County. Subrecipient shall include the
provisions of the foregoing paragraphs in every subcontract or purchase
order so that such provision will be binding upon each subcontractor or
vendor. Subrecipient will take such action with respect to any subcontract or
purchase order as the County may direct as means of enforcing such
provisions including sanctions for noncompliance. Provided, however, that if
Subrecipient becomes involved in or is threatened with litigation with the
subcontractor or vendor as a result of such direction by the County,
Subrecipient may request the County to enter into such litigation to protect
the interest of the County.
19. Default, Repayment and Remedies:
a) A default under this Agreement shall occur if:
1. Subrecipient fails to obligate and expend the Subrecipient
Grant Funds within the time frames set forth in Section 3 of the
Capital Projects Grant Agreement;
2. There is any use of the Subrecipient Grant Funds by
Subrecipient for any purpose other than authorized by the Act,
the Regulations, any documents promulgated under the
Regulations, this agreement, and as specifically described in
the Purpose description located in Section 1 of the Capital
Projects Grant Agreement; or
3. There is a breach of any covenant, agreement, provision,
representation, warranty or certification of Subrecipient which
was made in this Agreement or the Capital Projects Grant
application.
b) Upon the occurrence of any default, the County shall have the right to
terminate this Agreement by notice to Subrecipient, subject to the
provisions of Section 12 of the Capital Projects Grant Agreement,
Pursuant to Section 12(a) of the Capital Projects Grant Agreement;
upon default the County may:
1. Require Subrecipient to repay the Grant, in whole or in part.
2. Recoup the amount the Grant already paid from funds due the
Subrecipient from any other current of future State or County
grant or loan or any other funds, otherwise due and owing
Subrecipient.
3. Withhold further payments under this Agreement.
4. Terminate this Agreement.
c) Except in the case of a default under Section 20(a) (1) of this
Agreement, Subrecipient shall have thirty (30) days from the date the
County’s notice was postmarked to cure the default, unless the State
or County requests the repayment of any Subrecipient Grant Funds in
which case Subrecipient shall immediately return the Subrecipient
Grant Funds to the County. If repayment has not requested and, after
the conclusion of the thirty (30) day period, Subrecipient has not cured
the default to the satisfaction of the County, the County may terminate
this Agreement.
d) In the event of termination of this Agreement:
1) Subrecipient’ s authority to request any further disbursement shall
immediately cease and Subrecipient shall have no right, title, or
interest in or to any of the Subrecipient Grant Funds not disbursed;
and
2) The County may demand the immediate repayment of all or a
portion of the Subrecipient Grant Funds which have been
disbursed.
e) Any and all of the County’s remedies may be exercised
contemporaneously, and all of such rights shall survive any
termination of this Agreement.
f) If a default occurs, the County may at any time proceed to protect and
enforce all rights available to the County under the Regulations, the
Act, at law or in equity, or by any other appropriate proceedings,
which rights and remedies shall survive the termination of this
Agreement. Furthermore, no failure or delay by the County to insist
upon the strict performance of any term, condition, representation or
warranty of this Agreement or to exercise any right, power or remedy
shall constitute a waiver of any such term, condition, representation or
warranty nor preclude the County or State from exercising any such
right, power, or remedy at any later time.
20. All covenants, agreements, representations and warranties made in this Agreement
and in any other documents delivered pursuant hereto shall survive closeout of the
Capital Projects Grant Agreement and shall continue in full force and effect until the
County has complied with all terms and conditions of the close-out agreement
executed by and between State and the County for the Project.
21. In accordance with the guidelines of the Capital Projects Grant program, no officer,
member or employee of the County, or other local public agencies which exercise
any functions or responsibilities in review or approval of the undertaking or
carrying out of this Agreement, shall have any personal interest, direct or indirect,
apart from his or her official duties, in this Agreement or its proceeds.
22. This Agreement contains the entire understanding and obligations of the parties and
supersedes all prior representation, understandings, and communications.
Furthermore, this Agreement shall not be construed to imply that the County will
pay for any expenses incurred by Subrecipient as provided above and beyond the
period ending June 1, 2024.
DULY EXECUTED on behalf of the parties as of the day and year first written.
ATTEST/WITNESS: THE MARYLAND THEATRE ASSOCIATION
___________________________ BY: ___________________________________
Benito Vattelana, President
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
___________________________ BY: ___________________________________
Vicki C. Lumm, Clerk Terry L. Baker, President
Approved: Approved as to form and
legal sufficiency:
___________________________
James B. Hovis, Director ________________________________
Washington County Office of John M. Martirano
Community Grant Management County Attorney
HAGERSTOWN REVITALIZATION PROJECT
CAPITAL PROJECTS BOND BILL
SUBRECIPIENT AGREEMENT
FISCAL YEAR 2018
THIS SUBRECIPIENT AGREEMENT (“Agreement”) is made this ______ day of
_____________, 2017, by and between THE UNIVERSITY SYSTEM OF MARYLAND, a
Body Corporate of the State of Maryland (the “Subrecipient”) and the BOARD OF
COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND, a body
corporate and politic and a political subdivision of the State of Maryland (the “County”).
RECITALS
The Maryland General Assembly has authorized a Grant titled Hagerstown
Revitalization-Maryland Theatre, Barbara Ingram School, University System of Maryland
(collectively, the “Hagerstown Revitalization Project” or “HRP”). The authorization of this
grant in the form of a Bond Bill was authorized by the Maryland General Assembly and
enacted into Law by Chapter 022, Acts of 2017.
Pursuant to a CAPITAL PROJECTS GRANT AGREEMENT (the “Grant
Agreement”) between the State of Maryland (“State”) acting through the Board of Public
Works (BPW) and the County, a copy of which is attached hereto as Attachment #1 and is
incorporated into and made a part of this Agreement upon its execution, the County has
received an award of grant funds for the Hagerstown Revitalization Project (HRP) in the
amount of One Million Five Hundred Thousand Dollars ($1,500,000.00) (the “Grant”). The
purpose of the Grant is to provide funding for the planning, design, construction, and
capital equipping of the Maryland Theatre and the Barbara Ingram School for the Arts and
for the University System of Maryland at Hagerstown, located in Washington County,
Maryland.
As part of the Grant Agreement, Subrecipient has agreed to comply with all
requirements of the Grant as set forth in the Grant Agreement and any subsequent
amendments to the Grant Agreement, and the County has therefore designated
Subrecipient to be the beneficiary of the authorized funding for eligible expenses, and
according to prior agreement has allocated Zero Dollars ($0.00) (“Subrecipient Grant
Funds”) of the award herein contained to Subrecipient for that purpose.
It is further agreed and understood that the County anticipates additional Bond Bill
Authorizations for the same purpose herein contained in fiscal years 2019, 2020, 2021, and
2022. Therefore, contingent upon the receipt of additional bond bill authorizations in the
amounts anticipated, the Sub-recipient will receive allocations as follows: fiscal year 2019 -
Zero Dollars ($0.00); fiscal year 2020 - Zero Dollars ($0.00); fiscal year 2021 - Zero Dollars
($0.00); and fiscal year 2022- Zero Dollars ($0.00).
NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement and intending to be legally bound, the parties agree as follows:
1. Subrecipient shall faithfully perform and certify the performance of the “Project” as
outlined in the Grant Agreement.
2. Subrecipient recognizes there are no matching funds associated with the acceptance
of this grant as stated in the Enabling Act.
3. Subrecipient shall maintain accurate financial records and shall prepare and certify
all reports required by the Grant Agreement and this Agreement. Certified reports
shall be provided to the assigned Washington County Office of Community Grant
Management Grant Manager (“OCGM Grant Manager”) for approval and
forwarding to the State.
4. Subrecipient agrees to submit all required or requested fiscal and programmatic
reports to the OCGM Grant Manager in a timely manner upon a reasonable request.
For reports with established due dates, Subrecipient agrees to submit all required
reports on or before the corresponding due date.
5. Subrecipient acknowledges that the County reserves the absolute right to take
corrective action for failure to comply with established reporting requirements.
Corrective action includes, but is not limited to, withholding of payments, instituting
financial penalties, and declaring Subrecipient in default this Agreement.
6. Subrecipient agrees to hold the County harmless and to indemnify the County
against all claims, suits and actions arising out of any of Subrecipient’ s duties and
obligations under this Agreement. In addition, the parties agree that Subrecipient
shall act as an independent contractor for the purposes of fulfilling its duties and
obligations under this Agreement.
7. Subrecipient shall be subject to the same terms and conditions applicable to the
County as contained in the Grant Agreement between the County and State. Should
a conflict arise during the performance of administration of the project between this
Agreement and the Grant Agreement, the terms of the Grant Agreement shall
prevail.
8. Subrecipient recognizes that the County shall designate the assigned OCGM Grant
Manager to administer the Grant Agreement and this Agreement.
9. The designated contact person for Subrecipient shall be the Chancellor of the
University System of Maryland or his/her designee. The contact person shall be
responsible to ensure that all communications received from the County in relation
to the Grant Agreement and this Agreement is attended to in a timely manner.
10. Any modifications to the Project as described in this Agreement, which is mutually
agreed upon by the County, State, and Subrecipient may be incorporated in this
Agreement by a written letter of amendment upon approval by all parties.
11. Subrecipient recognizes the responsibility of the County or its agents to periodically
monitor the fiscal and programmatic records of the Subrecipient pertaining to this
Agreement and agrees to cooperate with any reasonable request(s) in relation to the
monitoring.
12. Subrecipient shall permit the County, OCGM, or their agents, and authorized
representatives of the State to inspect and audit all data and records of Subrecipient
relating to its performance under this Agreement.
13. If the Subrecipient contracts any portion of the work to another organization,
person(s), business or entity they must follow all provisions related to procurement,
contractor selection, debarment, and necessary contract clauses, required by the
County and the State. All eligible contracts including contracts for matching funds
will need to be submitted to the State for approval prior to requesting
reimbursement for incurred costs. The subrecipient must provide evidence to the
County that any selected person, business, or entity is not debarred from doing
business with the State prior to entering into any binding contract to perform work
related to the Project. Detailed instructions regarding the procedures for obtaining
State approval for contracts granted under this award are found in the Maryland
Capital Grants Projects (Information for State of Maryland Capital Grant Recipients)
found at http://dgs.maryland.gov/Documents/grants/cglbook.pdf.
14. In accordance with State preference, Subrecipient acknowledges that all
correspondence, questions, or concerns in relation to this Agreement should be
directed to the OCGM Grant Manager or Director of the OCGM.
15. In performance of its obligations under this Agreement, Subrecipient, its agents,
employees and assigns, shall comply with all applicable State, federal, and local
laws, regulations and requirements. Subrecipient agrees to promptly notify the
appropriate OCGM Grant Manager in the event of allegations or evidence of theft,
misappropriation of funds, or any other criminal act or civil litigation.
16. The following provisions regarding equal employment opportunity shall apply:
A. Subrecipient shall comply with all applicable federal, State and local laws,
rules and regulations pertaining to equal employment opportunity and shall
not discriminate in any manner against any employee or applicant for
employment because of race, color, religion, creed, age, sex, sexual
orientation, marital status, national origin, ancestry or disability of a qualified
individual with a disability. Subrecipient will take affirmative action to
insure that applicants are employed and employees are treated fairly during
employment without regard to their race, color, religion, creed, age, sex,
sexual orientation, marital status, national origin, ancestry or disability of a
qualified individual with a disability. Such action shall include, but not be
limited to the following: employment, promotion, demotion, transfer,
recruitment, or recruitment advertising, furloughs or terminations, rates of
pay or other forms of compensation, and selection for training, including
apprenticeships. Subrecipient shall post in a conspicuous place, available to
employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
B. Subrecipient shall, in all solicitations or advertisements for employees placed
by or on behalf of Subrecipient; state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, creed,
age, sex, sexual orientation, marital status, national origin, ancestry or
disability of a qualified individual with a disability.
C. Subrecipient shall permit access to its books, records and accounts by the
State, County, OCGM, or their agents for purposes of investigation to
ascertain compliance with this section.
D. If Subrecipient fails to comply with the nondiscrimination clauses of this
Agreement, this Agreement may be cancelled in whole or in part by written
notice from the County and Subrecipient may be declared ineligible for
further agreements with the County. Subrecipient shall include the
provisions of the foregoing paragraphs in every subcontract or purchase
order so that such provision will be binding upon each subcontractor or
vendor. Subrecipient will take such action with respect to any subcontract or
purchase order as the County may direct as means of enforcing such
provisions including sanctions for noncompliance. Provided, however, that if
Subrecipient becomes involved in or is threatened with litigation with the
subcontractor or vendor as a result of such direction by the County,
Subrecipient may request the County to enter into such litigation to protect
the interest of the County.
17. Default, Repayment and Remedies:
a) A default under this Agreement shall occur if:
1. Subrecipient fails to obligate and expend the Subrecipient
Grant Funds within the time frames set forth in Section 3 of the
Capital Projects Grant Agreement;
2. There is any use of the Subrecipient Grant Funds by
Subrecipient for any purpose other than authorized by the Act,
the Regulations, any documents promulgated under the
Regulations, this agreement, and as specifically described in
the Purpose description located in Section 1 of the Capital
Projects Grant Agreement; or
3. There is a breach of any covenant, agreement, provision,
representation, warranty or certification of Subrecipient which
was made in this Agreement or the Capital Projects Grant
application.
b) Upon the occurrence of any default, the County shall have the right to
terminate this Agreement by notice to Subrecipient, subject to the
provisions of Section 12 of the Capital Projects Grant Agreement,
Pursuant to Section 12(a) of the Capital Projects Grant Agreement;
upon default the County may:
1. Require Subrecipient to repay the Grant, in whole or in part.
2. Recoup the amount the Grant already paid from funds due the
Subrecipient from any other current of future State or County
grant or loan or any other funds, otherwise due and owing
Subrecipient.
3. Withhold further payments under this Agreement.
4. Terminate this Agreement.
c) Except in the case of a default under Section 20(a) (1) of this
Agreement, Subrecipient shall have thirty (30) days from the date the
County’s notice was postmarked to cure the default, unless the State
or County requests the repayment of any Subrecipient Grant Funds in
which case Subrecipient shall immediately return the Subrecipient
Grant Funds to the County. If repayment has not requested and, after
the conclusion of the thirty (30) day period, Subrecipient has not cured
the default to the satisfaction of the County, the County may terminate
this Agreement.
d) In the event of termination of this Agreement:
1) Subrecipient’ s authority to request any further disbursement shall
immediately cease and Subrecipient shall have no right, title, or
interest in or to any of the Subrecipient Grant Funds not disbursed;
and
2) The County may demand the immediate repayment of all or a
portion of the Subrecipient Grant Funds which have been
disbursed.
e) Any and all of the County’s remedies may be exercised
contemporaneously, and all of such rights shall survive any
termination of this Agreement.
f) If a default occurs, the County may at any time proceed to protect and
enforce all rights available to the County under the Regulations, the
Act, at law or in equity, or by any other appropriate proceedings,
which rights and remedies shall survive the termination of this
Agreement. Furthermore, no failure or delay by the County to insist
upon the strict performance of any term, condition, representation or
warranty of this Agreement or to exercise any right, power or remedy
shall constitute a waiver of any such term, condition, representation or
warranty nor preclude the County or State from exercising any such
right, power, or remedy at any later time.
18. All covenants, agreements, representations and warranties made in this Agreement
and in any other documents delivered pursuant hereto shall survive closeout of the
Capital Projects Grant Agreement and shall continue in full force and effect until the
County has complied with all terms and conditions of the close-out agreement
executed by and between State and the County for the Project.
19. In accordance with the guidelines of the Capital Projects Grant program, no officer,
member or employee of the County, or other local public agencies which exercise
any functions or responsibilities in review or approval of the undertaking or
carrying out of this Agreement, shall have any personal interest, direct or indirect,
apart from his or her official duties, in this Agreement or its proceeds.
20. This Agreement contains the entire understanding and obligations of the parties and
supersedes all prior representation, understandings, and communications.
Furthermore, this Agreement shall not be construed to imply that the County will
pay for any expenses incurred by Subrecipient as provided above and beyond the
period ending June 1, 2024.
DULY EXECUTED on behalf of the parties as of the day and year first written.
ATTEST/WITNESS: University System of Maryland
___________________________ BY: ___________________________________
XXXXXXXXXXXX, Chancellor
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
___________________________ BY: ___________________________________
Vicki C. Lumm, Clerk Terry L. Baker, President
Approved: Approved as to form and
legal sufficiency:
___________________________
James B. Hovis, Director ________________________________
Washington County Office of John M. Martirano
Community Grant Management County Attorney
Open Session Item
SUBJECT: PUBLIC HEARING – Application for Map Amendment – RZ-17-006
PRESENTATION DATE: December 19, 2017; 10:30 a.m.
PRESENTATION BY: Travis Allen, Comprehensive Planner, Washington County Dept.
of Planning and Zoning
Case Application Applicant/Property
Owner Proposed Amendment
RZ-17-006 Map Applicant:
Divelbiss & Wilkinson
Property Owner:
17119 Virginia Ave.,
LLC
Washington County Zoning Ordinance –
Application for Map Amendment:
▪ Property location: SE of the intersection of
Virginia Avenue & Hickory School Road
(0.528 acres) 17109 Virginia Avenue,
Hagerstown, MD)
▪ Existing Zoning: RS – Residential, Suburban
▪ Requested Zoning:
Attachments:
Ordinance Amendment Application with Justification Statement and rezoning site maps
Staff Report and Analysis dated September 1, 2017
Planning Commission Report and Recommendation dated October 30, 2017
(All attachments are available with the online version of the Agenda Report Form
at https://www.washco-md.net/index.php/county-commissioners/bocc-meeting-archive-
2017/.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Washington County ; FOR PLANNING OMMISSION USE ONLY
Rezoning No. % ��� CEIVEb
= Date Filed:
WASHINGTON COUNTY PLANNING COMMISSION
JUL 12 2017
ZONING ORDINANCE MAP AMENDMENT APPLICATION WASHINGTON COUNTY
DEPARTMENT
17119 Virqina Ave., LLC
Applicant
127 Britner Ave Williamsport, MD 2179�
Address
Andrew Wilkinson, Esq.
Primary Contact
1,1�4.tyl �+o wr., rli.l L,/ 7 yZ
Address
Property Location:
48
Tax Map:
RS
Current Zoning:
Wroperty Owner ❑Contract Purchaser
❑Attorney ❑Consultant
❑Other:
301-791-9222
Phone Number
awilkinson@divelbisslaw.com
E-mail Address
17109 Virginia Ave., Williamsport, MD 21795
24 767 0.528
Grid: Parcel No.: Acreage:
BG
Requested Zoning:
Reason for the Request: ❑ Change in the character of the neighborhood
Mistake in original zoning
PLEASE NOTE: A Justification Statement Is required for either reason)
. c 4 4
ant's Signature
4 p,N DF,4 '�.,11 th July 17
Subscribed 09Ai 4h his day o 20
My commis5ic;.r 1 re N' p
PU�CLAU L I
ryoti' J `` Notary Public
PLANNING COMMISSION USE ONLY
❑ Application Form
❑ Fee Worksheet
❑ Application Fee
❑ Ownership Verification
❑ Boundary Plat (Including Metes
& Bounds)
❑ Names and Addresses of all Adjoining
& Confronting Property Owners
❑ Vicinity Map
❑ Justification Statement
❑ 30 copies of complete Application
Package
FOR PLANNING COMMISSION USE ONLY
Rezoning No.
Date Filed:
Washington County FOR PLANNING COMMISSION USE ONLY
Rezoning No.
Date Filed:
WASHINGTON COUNTY DEPARTMENT OF PLEASE COMPLETE ONLY THE
PLANNING & ZONING FEE WORKSHEET SECTION THAT APPLIES.
Applicant's Name: 17119 Virgina Ave., LLC
Date: 07/11 /2017
Zoning Ordinance Map Amendment ................................ $ 2,000.00
Number of Acres * 0.528 x $20.00 per acre ................ $11.00
Engineering Review Fee .................................... $ 150.00
Technology Fee ........................................... 15.00
TOTAL FEES DUE — MAP AMENDMENT...... $ 2176.00
Text Amendment ................................................ $ 2,000.00
Choose One: ❑ Adequate Public Facilities Ordinance
❑ Forest Conservation Ordinance
❑ Solid Waste Plan
❑ Subdivision Ordinance
❑ Water and Sewer Plan
❑ Zoning Ordinance
❑ Other:
Technology Fee ........................................... 15.00
TOTAL FEES DUE —TEXT AMENDMENT ..... $ 2,015.00
Forest Conservation Exemption .................................... $ 25.00
(Technology Fee ................................................. $ 15.00
TOTAL FEES DUE— FOREST EXEMPTION.... $ 40.00
Please make checks payable to "Washington County Treasurer":.
FOR PLANNING COMMISSION USE ONLY
Rezoning No.
Date Filed:
JUSTIFICATION STATEMENT
OWNER: 17119 VIRGINIA AVE., LLC
PROPERTY: 17109 VIRGINIA AVENUE, HAGERSTOWN, MD 21740
This justification statement for a piecemeal zoning map amendment is submitted on
behalf of 17119 Virginia Ave., LLC (the "Applicant") owner of the property located on the east
side of Virginia Avenue (Tax Map 48, Parcel 767, Acct. # 26-007097) and generally known as
17109 Virginia Avenue, Hagerstown, Maryland consisting of +/- 0.528 acres (the "Property")
The Maryland Department of Assessments and Taxation Real Property Data Sheet for the
Property is attached hereto and incorporated herein as Exhibit A. The Deed for the Property is
attached hereto and incorporated herein as Exhibit B.
The Applicant hereby requests that the zoning classification for the Property be changed
from "RS" (Residential -Suburban) to "BG" (Business -General).
During the 2012 Comprehensive Rezoning of the Urban Growth Area, zoning of the
Property was not changed and remains RS. A copy of the current Zoning Map and the 2005
Zoning Map are attached hereto and incorporated herein collectively as Exhibit C. It is the
Applicant's assertion that not rezoning the Property from a residential classification to the
commercial classification constituted a "mistake" which justifies the Applicant's within request.
In a leading decision on the concept of "mistake" in zoning, the Maryland Court of
Special Appeals explained:
"[T]he presumption of validity accorded to a comprehensive zoning is overcome and
error or mistake is established when there is probative evidence to show that the
assumptions or premises relied upon by the Council at the time of the comprehensive
rezoning were invalid. Error can be established by showing that at the time of the
comprehensive zoning the Council failed to take into account then existing facts, or
projects or trends which were reasonably foreseeable of fruition in the future, so that the
Council's action was premised initially on a misapprehension.... Error or mistake may
also be established by showing that events occurring subsequent to the comprehensive
zoning have proven that the Council's initial premises were incorrect.... `On the question
of original mistake, this Court has held that when the assumption upon which a particular
use is predicated proves, with the passage of time, to be erroneous, this is sufficient to
authorize a rezoning."' Boyce v. Sembly, 25 Md.App. 43, 50-51 (1975) (quoting
Rockville v. Stone, 271 Md. 655, 662 (1974).
Purpose of Business General
Pursuant to the Article 12 of the Washington County Zoning Ordinance, the purpose of
the BG zoning district "...is to provide appropriate locations for businesses of a more general
nature than might be expected to be found in a neighborhood." In addition, the Property is
classified for Commercial Use in the Comprehensive Plan and the Land Use Plan of 2002.
Mistake in Zoning
In deciding not to rezone the Property in the Comprehensive Rezoning of 2012, the
Board of County Commissioners failed to account for following then -existing facts or trends
which were reasonably foreseeable:
- The Property is classified for Commercial Use in the Comprehensive Plan and the
Land Use Plan of 2002.
- The Property is surrounded by properties zoned as BG and BL.
- The Property fronts along heavily travelled Virginia Avenue (Rte. 11).
The Property is located within the Virginia Avenue corridor that has experienced
increased commercial uses since the adoption of the Zoning Ordinance and since
the zoning of the Property to RS as evidenced by: (1) the Property's designation
for Commercial Use in the Comprehensive Plan and the Land Use Plan of 2002,
and (2) the increase of commercial uses and development along the Virginia
Avenue corridor from 1-81 to the Massey Boulevard Area.
The Board of County Commissioners' failure to take the foregoing facts sufficiently into
consideration in 2012 led to the misapprehension that the Property was conducive to and most
suitable for a residential use, when such use is contrary to the expected commercial use
envisioned by the Comprehensive Plan and the Land Use Plan of 2002.
Factors of Section 27.3 of the Zoning Ordinance
Pursuant to Section 27.3 of the Zoning Ordinance, "[i]n order for an amendment,
modification, repeal, or reclassification of such district as herein provided, the local legislative
body shall make findings of fact in each specific case including, but not limited to, the following
matters:
2
(a) The report and recommendations of the Planning and Zoning Commission.
(b) Population change in the area of the proposed change.
(c) Availability of public facilities in the area.
(d) Present and future transportation patterns in the area.
(e) Compatibility with existing and proposed development of the area including
indication of neighboring sites identified by the Washington County Historic Sites
Survey and subsequent revisions or updates.
(f) The relationship of the proposed change to the Adopted Plan for the County,
Development Analysis Plan Map and Policies.
(g) That there was a substantial change in the character of the neighborhood where
the property is located, or
(h) That there was a mistake in the existing zoning classification.
(i) Whether there has been a convincing demonstration that the proposed rezoning
would be appropriate and logical for the subject property.
Analysis of Section 27.3 Factors
Regarding these factors, the Applicant submits the following information for
consideration by the Board of County Commissioners of Washington County to support this
request:
(a) The report and recommendation of the Planning and Zoning Commission will
occur after this application is submitted.
(b) The Property is in the "Halfway" census -designated place ("CDP"). According to
the U.S. Census Bureau, the population of the Halfway CDP in census year 2000
was 10,065. The population increased 7% to 10,701 persons by census year 2010.
By comparison, the Washington County 2016 Ten Year Capital Improvement
Plan (the "CIP") notes the population of Washington County increased between
2000 and 2010 by 12% (131,923 to 147,430). While the population of the
Halfway CDP has increased, it has done so at a rate less than Washington County.
(c) Public water and sewer services are available to the Property.
(d) The Highway Inquiry Map, maintained by the Washington County Department of
Information Technology GIS Office, lists Virginia Avenue as a Primary Arterial
Road. Upon a review of the projects listed in the 2017- 2026 CIP, there are no
CIP projects planned for the portion of Virginia Avenue adjacent to the Property
or the surrounding parcels, roads, or other infrastructure near the Property.
(e) The rezoning of the Property will be compatible with existing uses in the area and
likely any proposed and future development. Bound on all sides by commercially
zoned properties, both BL and BG, and by the primary arterial road of Virginia
Avenue, the Property is suitable to the land -uses permitted by the BG zoning
classification requested by the Applicant.
(f) The Property is classified for Commercial Use in the Comprehensive Plan and the
Land Use Plan of 2002. The Property is uniquely suitable for commercial uses
given that commercial use is called for in the Comprehensive Plan and the Land
Use Plan and is surrounded by commercially zoned property.
The immediate neighbors consist of a car wash (17119 Virginia Avenue) and a
construction company (17051 Virginia Avenue). Immediately across Virginia
Avenue is a restaurant (17102 Virginia Avenue).
Virginia Avenue is listed as a major policy area for commercial uses in the
Comprehensive Plan. The Property is situated in the Hagerstown Growth Area
Boundary where infrastructure and utilities are available for use by the Property.
The rezoning of the Property does not result in the diminution of agricultural land
in the County as the Property is not zoned or used for agricultural purposes.
(g) As part of the analysis for mistake, Applicant suggest that a substantial change in
the character of the neighborhood has occurred since the adoption of the Zoning
Ordinance and since the zoning of the Property to RS as evidenced by the increase
of commercial uses and development along the Virginia Avenue corridor from I-
81 to the Massey Boulevard Area resulting in the designation of the Property for
Commercial Use in the Comprehensive Plan and the Land Use Plan of 2002.
4
(h) Applicant asserts that there was a mistake in the 2012 Comprehensive Rezoning
as noted above.
(i) The proposed rezoning would be appropriate and logical. As noted above, the
Property is classified for Commercial Use in the Comprehensive Plan and the
Land Use Plan. The Property is surrounded by commercially zoned property.
The Property is surrounded by actual commercial occupants. Virginia Avenue is
as a major policy area for commercial uses in the Comprehensive Plan. The
Property is situated in the Hagerstown Growth Area Boundary where
infrastructure and utilities are available for use by the Property. Commercial uses
and development along the Virginia Avenue corridor from I-81 to the Massey
Boulevard Area have increased since the adoption of the Zoning Ordinance and
since the original zoning of the Property to RS.
Real Property Data Search
:search Result for VJASHINGTON COUNTY
View Map View GroundRent Redemption View GroundRent Registration
Account Identifier: District - 26 Account Number - 007097
O,vner Infomatlon
Owner Name: 17119 VIRGINIA AVE LLC Use: RESIDENTIAL
Principal Residence: NO
Mailing Address: 127 BRITNER AVE LLC Deed Reference: /05514/ 00233
WILLIAMSPORT MD 21795-0000
Premises Address:
Map: Grid:
0048 0024
Special Tax Areas:
Location & Structure Infoanatbn
17109 VIRGINIA AVE Legal Description: PAR D 0.528 AC
WILLIAMSPORT 21795-0000 17109 VIRGINIA AVE
Parcel: Sub District: Subdivision: Section:' Block: Lot: Assessment Year: Plat No: 3903
0767 0000 2017 Plat Ref:
Town: NONE
Primary Structure Built
1932
Stories Basement
2 YES
Above Grade Living Area
2,254 SF
Type
STANDARD UNIT
Ad Valorem:
Tax Class:
Finished Basement Area
Exterior Full/Half Bath
BRICK 1 full/ 1 half
Property Land Area County Use
23,426 SF
Garage Last Major Renovation
1 Detached
Value hiforn itlon
Base Value
Value
Phase -in Assessments
As of
As of
As of
01/01/2017
07/01/2016
07/01/2017
Land:
51,700
51,700
Improvements
98,200
81,200
Total:
149,900
132,900
149,900
132,900
Preferential Land:
0
0
Transfer information
Seller: SMITH DENNIS R SR
Date: 06/01/2017
Price: $173,000
Type: ARMS LENGTH IMPROVED
Deedl: /05514/ 00233
Deed2:
Seller: JACKSON DAVID W & LAURA L
Date: 04/20/2015
Price: $142,800
Type: ARMS LENGTH IMPROVED
Deed1: /04948/ 00129
Deed2:
Seller: SAUM DOUGLAS C
Date: 09/20/2002
Price: $120,000
Type: ARMS LENGTH IMPROVED
Deed1: /01833/ 00301
Deed2:
Exernptfan Inforrnation
Partial Exempt Assessments:
Class
07/01/2016
07/01/2017
County:
000
0.00
State:
000
0.00
Municipal:
000
0.0010.00
0.0010,00
Tax Exempt:
Special Tax Recapture:
Exempt Class:
NONE
Homestead Application Inform mien
Homestead Application Status: No Application
Homeowners' Tax Credit Application Information
Homeowners' Tax Credit Application Status: No Application
Date:
EXHIBIT A
BOOK:5514 PAGE: 233
Tax Identification No.: 26-007097
Property Address: 17109 Virginia Avenue, Williamsport, MD 21795
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made and entered into this I s+ day of June,
2017, by and between DENNIS R. SMITH, SR., party of the first part ("Grantor") and 17119
VIRGINIA AVE., LLC, a Maryland limited liability company, party of the second part
("Grantee").
WITNESSETH:
THAT in consideration of the sum of ONE HUNDRED SEVENTY-THREE
THOUSAND AND 00/100 DOLLARS ($173,000.00), cash in hand paid, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the said
party of the first part does hereby grant, convey, and assign unto the said party of the second
part, its successors and assigns, in fee simple and with SPECIAL WARRANTY, all those certain
lots or parcels of real estate, with the improvements thereon and the appurtenances thereunto,
situate, lying, and being in the City of Williamsport, Washington County, Maryland, and being
more particularly described as follows:
S17699666.1
All that lot or parcel of land known and designated as "Lands of
Douglas C. Saum, Liber 696, folio 744" set forth on a Simplified
Plat of Subdivision for Douglas C. Saum recorded in Liber 1095,
folio 33, among the Land Records of Washington County,
Maryland.
TOGETHER WITH and subject to the rights of others in and to the
use of a right of way set forth in a confirmatory Right of Way by
and between The Potomac Edison Company d/b/a Allegheny
Power, a Maryland and Virginia Corporation, and Douglas C.
Saum, recorded in Liber 1833, folio 296, among the Land Records
of Washington County, Maryland.
Pagel of4
EXHIBIT B
BOOK: 5514 PAGE: 234
AND BEING the same real estate conveyed to Dennis R. Smith, Sr., by Deed dated April
17, 2015, and recorded April 20, 2015 among the Land Records of Washington County,
r`
T
N Maryland, in Liber 4948, at Folio 0129.
o FURTHER SUBJECT TO AND TOGETHER WITH all those rights, reservations,
m
arestrictions, covenants, conditions, easements, and rights -of -way as may appear of record in the
Office of the Clerk of the Circuit Court of Washington County, Maryland.
AND the said party of the first part hereby covenants that it will warrant specially the
property hereby granted; and that it will execute such further assurances of the same as may be
requisite.
The undersigned certifies that he is a resident of the State of Maryland, or that this was
his primary residence, and therefore is exempt from the tax withholding requirements of Section
10-912 of the Tax -General Article of the Annotated Code of Maryland.
[Acknowledgements Begin on Following Page]
S17699666.1 Page 2 of 4
BOOK: 5514 PAGE: 235
SPECIAL WARRANTY DEED
(Signature Pages)
rl� WITNESS the following signature and seal.
Z
r SELLER:
0
a�
o_
ti
Dennis R. Smith, Sr.
STATE OF Vje-k Vlr �,r\�a , COUNTY OF 13! dKt , , TO -WIT:
I, 0st, L_ Sy,^ln-\ , a Notary Public of said State, acknowledge that on
June 1 , 2017, Dennis R. Smith, Sr., whose name is affixed to this instrument, appeared
before me in said County and acknowledged the same.
My commission expires: JL.w je, A-r+
[NOTARIAL SEAL]
mz—
Notary Public
oFF1ua� eEu
NOTARY PUBUC
ti STATE OF WEST VIRGINIA
2 Kelsey L Swaim
Sloptoe A Aohna ' MIX
1250 EarM Y11er BooMverq Sine 710
aww4bumm 2S0e
Yy ooam[flion apYes June IA 1111
SJ7699666.1 Page 3 of 4
TODD L. HE89HEY, TREASOREF
TAXES PAID & /�/
BOOK: 5514 PAGE: 236
a
ATTORNEY CERTIFICATION
The undersigned hereby certifies that I am an Attorney duly admitted to practice before
the Court of Appeals of the State of Maryland, and that the within instrument was prepared under
my supervision.
S�e(AoC '< j o ti ns o n PLLC-
(250 LAWIVA A'dker Vvd.
j�ar�i n sbur9 , Wv 254a 1
SJ7699666.1
I
Kelse wain�Esquire
Page 4 of 4
VICINITY MAP
RT
8L
I
1 RS
IRS Zone
Residential, Suburban District
Mere Inrg
BG
EXHIBIT C
LIST OF ADJOINING AND CONFRONTING PROPERTY OWNERS
1) Jessie S. Ecker and Amanda L. Ecker
a. Premises Address: 17110 Virginia Avenue
Williamsport, Maryland 21795
b. Mailing Address:
17110 Virginia Avenue
Williamsport, Maryland 21795
c. Map/Parcel: 0048/0506
d. Tax Account ID: 26-003288
2) Richard L. Souders
a. Premises Address:
b. Mailing Address:
17108 Virginia Avenue
Williamsport, MD 21795
17108 Virginia Avenue
Williamsport, Maryland 21795
c. Map/Parcel: 0048/505
d. Tax Account ID: 26-027071
3) Carmines Italian Restaurant, LLC
a. Premises Address: 17102 Virginia Avenue
Williamsport, Maryland 21795
b. Mailing Address: 17102 Virginia Avenue
Williamsport, Maryland 21795
c. Map/Parcel: 0048/0407
d. Tax Account ID: 26-17742
4) Advertising, Inc.
a. Premises Address:
b. Mailing Address
c. Map/Parcel:
d. Tax Account ID:
5) 17119 Virginia Ave, LLC
a. Premises Address:
b. Mailing Address:
c. Map/Parcel:
d. Tax Account ID:
Virginia Avenue
Williamsport, Maryland 21795
355 South Potomac Street
Hagerstown, Maryland 21740
0048/0140
26-000173
17119 Virginia Avenue
Williamsport, Maryland 21795
127 Britner Avenue
Williamsport, Maryland 21795
0048/0309
26-024307
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Washington County
®�,, M A R Y L A N D
DEPARTMENT OF PLANNING & ZONING
COMPREHENSIVE PLANNING I LAND PRESERVATION I FOREST CONSERVATION i GIS
September 1, 2017
Application for Map Amendment
Staff Report and Analysis
Case #: RZ-17-006
Property Owner(s)
17119 Virginia Ave., LLC
Applicant(s)
Divelbiss & Wilkinson
Location
SE of the intersection of Virginia Ave & Hickory School Rd
Election District :
#26 — Halfway
Comprehensive Plan
Designation
Commercial
Tax Map
48
Parcel(s)
767
Acreage
.528 acres
Existing Zoning
RS — Residential, Suburban
Requested Zoning
BG — Business, General
Date of Hearing:
September 18, 2017
Background and Findings Analysis:
1. Site Description
Parcel 767 is located in the Urban Growth Area that surrounds the City of Hagerstown as well as the
Towns of Funkstown and Williamsport. More specifically, the property is found immediately adjacent to
the intersection of Virginia Avenue/U.S. 11 and Hickory School Road, approximately 1/3 mile northeast of
the 1-70 overpass between Halfway and Williamsport.
The site itself is .528 acres in size and currently contains two story brick home built in 1932. The
home is in good condition and was occupied at the time the planner made a site visit on July 27`h, 2017.
The current occupants are renters who will soon be vacating the property, according to an in -person
conversation with the tenants on the same date.
The portion of the site where the house sits has been graded flat and has been cleared of vegetation.
The parcel is wooded south and west of the house, containing mature forest. A garage, shed and
additional outbuilding sit to the rear of the house. The shed and outbuilding are the property of the
current tenant, and will soon be removed, according to conversations with that party. The home sits
directly adjacent to the Valley Car Wash, which has a substantial stormwater management facility in front
of it, facing Virginia Avenue. The car wash is upslope from Parcel 767. A utility box sits on the subject
parcel in the ground in the northeast corner of the property near the car wash access road.
2. Population Analysis
To evaluate the change in population, information was compiled from the US Census Bureau over a
thirty-year time frame. A thirty year horizon was chosen to show long term population trends both in the
election district of the proposed rezoning, as well as the overall trends of the County.
100 West Washington Street, Suite 2600 Hagerstown, MD 21740 I P 240.313.2430 p 240.313.2431 I TDD! 7.1-1
"TVM.WASHCO-MD.NET
Staff Report and Analysis
RZ-17-006 —17119 Virginia Avenue LLC
Parcel 767 is located within the Halfway Election District (#26). As shown in the table below, the
population in this district has grown more slowly than the County has over the thirty year time frame
between 1980 and 2010. District 26 has grown 13.54% over the thirty year period (.45% per year) while
the County as a whole has increased in population by 30.36% (1.01 % per year) during the same period.
Table 1: Halfwav Election District Population Trends
Population
Trends 1980 - 2010
Year
Area
Population
o change from
previous
decade
1980
District
9489
County
113086
1990
District
9418
-0.7%
County
121393
7.3%
2000
District
9854
4.6%
County
131932
8.7%
2010
District
107741
9.3%
County 1
1474301
11.7%
Source: US Census Bureau
3. Availability of Public Facilities
A. Water and Sewerage
The adopted Water and Sewerage Plan for the County establishes the policies and recommendations
for public water and sewer infrastructure to help guide development in a manner that helps promote
healthy and adequate service to citizens. By its own decree, the purpose of the Washington County
Water and Sewerage Plan is "...to provide for the continued health and well-being of Washington County
residents and our downstream neighbors.._"' This is achieved through implementing recommendations
within the County Comprehensive Plan and the Water and Sewerage Plan to provide for services in a
timely and efficient manner and by establishing an inventory of existing and programmed services.
Water:
W1-Existing Service (City of Hagerstown)
The parcel is served by existing (W-1) public water facilities as they are located within the Urban
Growth Area. Water service in this area is provided by the City of Hagerstown, which also owns the
distribution system. All surrounding properties in the vicinity are also served by the City and designated
W-1. The City of Hagerstown Water Division offered no comment on the proposed development when
sent the application for review.
Wastewater:
W1-Existing Service (County)
The subject parcel is served by existing (W-1) public sewerage facilities within the Urban Growth
Area. The County owns the collection system and handles the effluent treatment at the Conococheague
Wastewater Treatment Plant. Nearly all adjacent properties are also designated W-1 and served by the
same treatment facility.
'Washington County, Maryland Water and Sewerage Plan 2009 Update, Page I-2
Staff Report and Analysis
RZ-17-006 —17119 Virginia Avenue LLC
The Department of Water Quality is the wastewater provider for this area; and, therefore, the
application was sent to the Department of Water Quality for review and comment. The Department had
no comments for this application.
B. Emeraencv Services
Fire and Emerpencv Services:
Volunteer Fire Company of Halfway (1114 Lincoln Avenue) — 1 mile away
The subject parcel is located within the service area of the Volunteer Fire Company of Halfway.
This same entity also provides the nearest emergency rescue services. Their station is located
approximately 3/4 mile away from the property in question.
A copy of this application was sent to Halfway Fire Company as well as to the Washington
County Division of Emergency Services. No comments were received.
Schools
Elementary - Hickory, Middle — Springfield, High School - Williamsport
The subject site is within the districts of Hickory Elementary, Springfield Middle and Williamsport High
schools. The requested zoning classification, Business General, does not allow for residential
development. Therefore, there would be no school capacity mitigation requirements for pupil
generation under the County's Adequate Public Facilities Ordinance.
4. Present and Future Transportation Patterns
Hiahways - Access and Traffic Volume
The subject property is located on Virginia Ave/U.S. 11. The stretch of U.S. 11 that borders the
property is classified as Other Principal Arterial in the Transportation Element of the County's 2002
Comprehensive Plan, in terms of mobility and access characteristics. Other Principal Arterial roads are
designed to carry greater than 20,000 vehicles in Average Daily Traffic. The County's classifications
system is based upon the Federal Highway Functional Classification System, but modified to reflect local
road conditions.
Parcel 767 has approximately 135 feet of road frontage on Virginia Avenue, extending northeast
from the intersection of Halfway Boulevard and Downsville Pike to the northwest. An existing right turn
lane runs in front of the property on northbound Virginia Avenue for approximately 500 feet, primarily to
provide access to the Valley Car Wash located immediately southeast of the parcel in question. A
driveway spurs off of the access road serving the Car Wash into Parcel 767, providing its only current
access. There is no middle turn lane on Virginia Avenue in the vicinity of the property, but there is ample
shoulder space on both sides of the road allowing traffic to detour around vehicles turning across two
lanes of traffic.
At present, no new major roadway projects affecting capacity or traffic flow realignment are
currently slated to occur in the immediate vicinity of the subject parcel on County, State or Federal roads,
according to a review of short and long term transportation planning documents.
In addition to evaluating public access of a parcel for rezoning purposes, it is also important to
evaluate traffic generation and existing traffic volumes. This is commonly accomplished through analysis
of historic and existing traffic counts as well as any existing traffic impact studies. Traffic counts from the
Maryland State Highway Administration (SHA) were recorded at a select few points on the portion of
Virginia Avenue between Halfway Boulevard and the 1-70 overpass. These counts offer the most stable
Staff Report and Analysis
RZ-17-006 —17119 Virginia Avenue LLC
location during the 30-year time period surveyed below. The traffic volume data shown in the table is
expressed in annual average daily traffic volumes (ADT).
Table 2: Traffic Volumes 1985-2011
Year
Virginia
Ave/U.S.11
between Halfway
Blvd & 1-70
2015
11,392
2010
12,530
2005
12,650
2000
14,250
1995
10,225
1990
14,575
1985
9,700
Ma land State Hi wa Administrati
Source rygh v on
As shown in Table 2 above, traffic volumes on Virginia Avenue between Halfway Boulevard and
the 1-70 overpass have declined over the 30 year period surveyed. Traffic volumes in the vicinity of the
subject parcel reached their peak in 1990, at 14,575 ADT. Between 2000 and 2015, traffic on U.S_ 11
near the property declined by 20%, dropping from 14,250 to 11,392 ADT during the fifteen year period.
2016 ADT, not shown in the table was 12,080, a 6% increase from 2015.
The State Highway Administration had no comment in their review of the rezoning application.
The rezoning application was also sent to the Division of Plan Review and Permitting and they have
supplied the following comment regarding traffic impacts:
1. `Any proposed development that has the potential to generate a significant amount of new traffic
may require a traffic impact study as part of the Site Plan. "
2. `Access management is controlled by the Maryland State Highway Administration due to this
being located on a State road. A new access onto a State road would require a Maryland State
Highway Administration entrance permit and would need to comply with MD SHA requirements."
3. Determination of adequate site plan requirements (landscaping, buffering, parking, lighting, etc.)
will be required and reviewed during the Site Plan stage."
Public Transportation
This area is served by Route 441 of the County Commuter. Route 441 travels between the
Washington County Transit Center in Hagerstown and the Town of Williamsport. The route operates six
days per week, between Monday and Saturday.
5. Compatibility with Existing and Proposed Development in the Area:
The subject parcel is presently zoned Residential Suburban (RS) and is requesting to change its
zoning to Business, General (BG). The purpose of the BG zoning district is:
"... to provide appropriate locations for businesses of a more general nature than might
be expected to be found in a neighborhood.
2 Washington County Zoning Ordinance, Section 12, Purpose
0
Staff Report and Analysis
RZ-17-006 —17119 Virginia Avenue LLC
Select principal permitted uses within this zoning district include retail businesses, hotels, drive-in
restaurants, veterinary clinics, auto sales and service facilities and more. New development in a BG
zoning district must be served by public water and sewer facilities.
Mai) 1: Surroundine Zoning Classifications
w
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PB
IR
BG
7 j
,
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s
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There is a mix of zoning classes in the immediate vicinity of the subject parcel (red box) in
question, as shown in Map 1 above. South of Virginia Avenue, in the land that immediately abuts the
roadway, is predominantly a mixture of commercial zoning classifications. Blocks of BG and BL
(Business, Local) border the subject property to the south and west. The nearest active residential use,
proximate to the site, on this side of U.S. 11 is located roughly 375 feet northeast, where the first of three
consecutive parcels in that stretch remain. North of Virginia Avenue is primarily residential zoning classes
of various densities, including Residential, Suburban (IRS), Residential, Transition (RT), and Residential,
Multifamily (RM).
Land use in the area surrounding the property follows naturally with the zoning described above.
Single family residences are interspersed with commercial businesses such as the Valley Car Wash,
Carmine's Italian Restaurant and Dollar General.
Another important component of compatibility is the location of historic structures on and around
the parcels being proposed for rezoning. According to the Washington County Historic Sites Survey there
is one historic site located within a 0.5 mile radius of the proposed rezoning area. This site, the Charlton
Farm, is described below.
Existing historic sites within % mile: (Marsh Head land grant)
• WA-1-382: late-191h century farmstead with 2-story brick house, frame bank barn and outbuildings
on 27 acres.
5
Staff Report and Analysis
RZ-17-006 —17119 Virginia Avenue LLC
6. Relationship of the Proposed Change to the Adopted Plan for the County:
The purpose of a Comprehensive Plan is to evaluate the needs of the community and balance
the different types of growth to create harmony between different land uses. In general, this is
accomplished through evaluation of existing conditions, projections of future conditions, and creation of a
generalized land use plan that promotes compatibility while maintaining the health, safety, and welfare of
the general public.
The 2002 Washington County Comprehensive Plan designates eight policy areas specific to
Urban and Town Growth Areas. The property subject to this rezoning is located in the Commercial sub -
policy area. The Comprehensive Plan offers the following definition for this policy area:
"This classification encompasses all types of commercial uses. The areas zoned
Business Local, Business General and the High Interchange One areas primarily devoted
to commercial land uses make up this policy area. Existing and anticipated land uses
include retail shopping from malls down to neighborhood shopping centers, as well as
restaurants, specialty stores and offices. Major policy areas are located around Valley
Mall, Prime Outlets & the 1-70 & MD 65 interchange, along Dual Highway and I-70 & U.S.
40 interchange, Pennsylvania Avenue, Virginia Avenue and the 1-81 Maugans Avenue
interchange.'
7. "Change or Mistake" Rule
When rezonings are not part of a comprehensive rezoning by the governing body, individual map
amendments (also known as piecemeal rezonings) are under an obligation to meet the test of the
"Change or Mistake" Rule. The "Change or Mistake" Rule requires proof by the applicant that there has
been either: a substantnal change in the character in of the neighborhood since the last comprehensive
zoning plan, or a mistake in designahng the existing zoning classification.
As part of the evaluation to determine whether the applicant has proven whether there has been
either a change or mistake in the zoning of a parcel, the Maryland Annotated Code Land Use Article and
the Washington County Zoning Ordinance state that the local legislative body is required to make findings
of fact on at least six different criteria in order to ensure that a consistent evaluation of each case is
provided. Those criteria include: 1) population change; 2) the availability of public facilities; 3) present
and future transportation patterns; 4) compatibility with existing and proposed development for the area;
5) the recommendation of the planning commission; and 6) the relationship of the proposed amendment
to the local jurisdiction's Comprehensive Plan.
Even when change or mistake has been sufficiently sustained, it merely allows the local
governing body the authority to change the zoning; it does not require the change. When conditions are
right for a change the new zone must be shown to be appropriate and logical for the location and
consistent with the County's Comprehensive Plan.
II. Staff Analysis:
The analysis of a rezoning request begins with a strong presumption that the current zoning is
correct. It is assumed that the governing body performed sufficient analysis, exercised care, and gave
adequate consideration to all known concerns when zoning was applied to a parcel of land. However,
there are instances by which a case can be established to show that the governing body either erred in
establishment of the proper zoning of a property or that enough change has occurred within the
neighborhood surrounding the property since the governing body's last assessment to require a new
evaluation of the established zoning designation.
3 2002 Washington County, Maryland Comprehensive Plan, Page 243
Staff Report and Analysis
RZ-17-006 —17119 Virginia Avenue LLC
The applicant of this case has indicated in their justification statement that they believe there has
been a mistake in the designation of the existing zoning classification. As noted in the prior section
describing the "Change or Mistake" Rule, the Washington County's Zoning Ordinance requires data to be
presented to the local legislative body on factors such as population change, present and future traffic
patterns, the availability of public facilities, the relationship of the proposed change to the Comprehensive
Plan and its compatibility with existing and proposed development in order to determine how the area
subject to rezoning has evolved over time. Maryland case law has consistently established that evidence
of these factors must be considered cumulatively, not individually, if the applicant is to demonstrate proof
of a mistake in the designation of the current zoning. Correspondingly, a substantial change in any one
individual factor doesn't necessarily illustrate that substantial change has occurred in the neighborhood
overall.
A. Evidence for Mistake in the Current Zoning
In order to demonstrate that a mistake was made by the regulatory body in applying the existing
zoning classification to the parcel, the applicant must establish error occurred as a result of factors such
as:
1. A failure to take into account projects or trends probable of fruition,
2. Decisions based on erroneous information,
3. Facts that later prove to be incorrect,
4. Events that have occurred since the current zoning, or
5. Ignoring facts in evidence at the time of zoning application.
The last Comprehensive Rezoning in Washington County was completed in 2012, affecting the
Urban Growth Area that surrounds the City of Hagerstown and the towns of Williamsport and Funkstown.
The Rezoning affected approximately 17,000 parcels and 38,000 acres of land.4 The input of property
owners, local officials, staff and the general public was solicited and considered in the assignment of each
parcel affected by the Comprehensive Rezoning.
The applicant contends that a mistake was made by the governing body in the continued
assignment of the Residential, Suburban (IRS) zoning classification. Prior to 2012, Parcel 767 had also
been zoned as IRS, in keeping with predominant residential and agricultural character that dominated land
in the vicinity the parcel during much of the 20th century. The applicant contends that the retention of the
existing zoning class in 2012 was a mistake principally because the property:
1. "Was designated as Commercial in the Land Use Plan of the 2002 Washington
County Comprehensive Plan;"
2. "Is surrounded by others zoned Business, Local (BL) and Business, General (BG);"
3. "Has frontage along heavily travelled Virginia Avenue."
The evidence present at the time of the 2012 rezoning does support the above assertions made
by the applicant. First, the map below shows that the intended land use for the parcel in the 2002
Comprehensive Plan was Commercial (tan color). Nearly all of the land along Virginia Avenue in this
area was given the same land use designation in the plan, acting as a buffer from the road to the Low
Density Residential areas behind.
4 Washington County Ordinance No. ORD-20I2-08
Staff Report and Analysis
RZ-17-006 —17119 Virginia Avenue LLC
Map 2: 2002 Comprehensive Plan Land Use Designations
Second, Map 7 on page 5, which shows the current zoning, does display the presence of BL and
BG zoning in the immediate vicinity of the parcel. This is particularly true on the south side of Virginia
Avenue where immediately adjacent parcels were rezoned from residential to commercial zoning in 1981
(RZ-229), 1992 (RZ-92-11) and 1998 (RZ-98-13).
Third, as noted in the site description at the beginning of this report, the site does indeed have
approximately 135 feet of road frontage on Virginia Avenue as the applicant asserts.
All three of these facts were in evidence at the time of the 2012 Urban Growth Area
Comprehensive Rezoning.
B. Changes in the Character of the Neighborhood
To a lesser extent, the applicant also argues that there has been a change in the character of the
neighborhood since the time of the last comprehensive zoning plan. In order to demonstrate that a
substantial change has occurred in the character of the neighborhood since the passage of the last
Comprehensive Zoning Plan, the applicant must establish:
1. What area reasonably constitutes the 'neighborhood" of the subject property,
2. The changes that have occurred in the neighborhood since the comprehensive
zoning;
3. Proof that these changes resulted in a change in the character of the
neighborhood.
Confusingly, in their justification statement the applicant classifies one additional fact as
demonstrating proof of both a mistake being made in the current zoning (p.2) and as evidence of change
in the character of the neighborhood (p.4). It is the planner's opinion that their final argument is more so
an attempt to describe a change in the neighborhood not a mistake in the zoning:
Staff Report and Analysis
RZ-17-006 —17119 Virginia Avenue LLC
1. The Virginia Avenue corridor between Massey Boulevard and 1-81 has seen an
increase in commercial uses since the adoption of the Zoning Ordinance and since
the (original) zoning of the Property to IRS. (emphasis added by staff)
Typically, piecemeal rezoning cases seeking to establish a claim that there has been a change in
the character of the neighborhood should use the last comprehensive rezoning of the area as their
starting point to illustrate substantial change. "Changes contemplated prior to the last comprehensive
are usually not relevant in determining whether a substantial change has occurred to support
rezoning of the property.'15
In cases where the Maryland Court system has provided leeway for applicants to use zoning and
other changes that occurred prior to the last comprehensive rezoning to be used as evidence of a
substantial change; however, they must be coupled with evidence showing substantial change after the
fact.B Such evidence has not been offered by the applicant demonstrating such a linkage.
Washington County's Zoning Ordinance has been in place for more than 40 years, thereby
representing an unreasonable length of time to evaluate neighborhood change from, as change would
clearly be inevitable over that time span.
The most recent piecemeal rezoning (RZ-98-13) occurred nearly twenty years ago, lending
further credence to the stable character of the neighborhood.
A comparison of the zoning prior to the UGA Comprehensive Rezoning in 2012 (Map 3) and the
current zoning (Map 4) also reveals little substantive difference between the two. The major changes that
are noticeable (outlined in green on Map 3 and shown uniformly in Green on Map 4) — such as the
parcels which transitioned from HI-1 and HI-2 to BG, RT and RU; BG to ORT; RR to RT - reflect an
administrative reorganization in the naming of zoning classes, the relocation of where select uses are
permitted to these newly created classes and even an increase in strictly residential zoning near the I-
70/81 intersection, not wholesale changes in land use. The elimination of the HI-2 zoning district; which
allowed predominantly high density residential uses in addition to some light industrial uses, and eventual
dispersal among other existing residential and commercial zoning districts is an example of this type of
administrative reorganization. In essence, the names may have changed, but the uses remained largely
the same.
Ultimately, the takeaway from these two maps is that adjacent land use patterns reflect the
buildout of commercial zoning that had been established prior to the year 2000. Therefore, commercial
development along Virginia Avenue in this area reflects intentional planning decisions made prior
to 2012, not a change in the character of the neighborhood or a fact missed by the legislative body during
their deliberations.
Note: The subject parcel is outlined in black on each map.
5 Guide to Maryland Zoning Decisions, 5"' Edition, Stanley Abrams referencing Maryland Court of Appeals Case
Buckel v. Board of County Commissioners of Frederick County, 80 Md. App. 305, 562 A.2d 1297 (1989)
6 Town of Somerset v. County, 229 Md. 42 (1962) & Runyon v. Glackin, 45 Md. App. 457,413 A.2d 291 (1980)
9
Staff Report and Analysis
RZ-17-006 —17119 Virginia Avenue LLC
Map 3: Zoning prior to UGA Rezoning (July 1, 2012)
Map 4: Current Zoning
RT
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ibLmrn ParCal�
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10
Staff Report and Analysis
RZ-17-006 —17119 Virginia Avenue LLC
Furthermore, the applicant has not concretely established what the boundaries of the
"neighborhood" are. This is one of the primary questions that must be answered in order to prove that
substantial change has occurred in the neighborhood. As a result, it is impossible to determine whether
they have met their legal burden in showing that the neighborhood character has changed "substantially"
since the 2012 UGA rezoning as a result of recent U.S. 11 development.
C. Other Neighborhood Changes
In summarizing this report's background data in regards to population growth, water and sewer
availability, road improvements and traffic counts, one can also conclude the following about recent
changes to the "neighborhood":
• Population growth has occurred at a slower rate in the Halfway Election District than
the County as a whole.
• Water and sewer service has long been available at this site.
• There are no new major roadway projects planned in the vicinity that will affect
road capacity, traffic flow, or alignment.
• Traffic counts do not show a recent notable increase, and have actually decreased
from their peak ADT counts in the 1990s and early 2000s
These facts conclude that the neighborhood has developed according to the vision previously
directed by local government officials without "substantial" change.
III. Recommendation:
The applicant has claimed that there has been a substantial change in the character of the
neighborhood since the last comprehensive rezoning and that the legislative body erred in the application
of the current zoning classification.
In order to prove that the character of a neighborhood has changed substantially since 2012, the
applicant must:
• Define the boundaries of the neighborhood,
• Demonstrate that substantial changes have occurred since the last Comprehensive
Zoning Plan, and
• Show that those changes resulted in the altered character of the neighborhood.
The applicant has not offered conclusive evidence that this has occurred since the 2012 UGA
Comprehensive Rezoning. Neighborhood boundaries have not been clearly defined. The remaining
circumstantial evidence provided by the applicant to address this question merely demonstrates that the
"neighborhood" has developed according to the vision planned for by the County for the past 10-20 years.
The applicant has presented compelling evidence that a mistake may have been made by the
legislative body in the application of the current zoning at the time of the 2012 UGA Comprehensive
Rezoning. These facts that may not have been fully considered include: a Commercial designation in the
2002 Comprehensive Plan, compatibility with other commercially zoned properties, and the importance of
the parcel's road frontage on Virginia Avenue.
Furthermore, in talking with senior Planning Department staff, it seems likely that the retention of
the IRS designation at time of the UGA Comprehensive Rezoning was principally driven by the fact that
the house on Parcel 767 was occupied and actively being used as a residential property. The recent
purchase of the property has changed these circumstances, and the residence will soon be vacant.
Overall, given the largely commercial character of the south side of Virginia Avenue, the
applicant's petition to rezone the property from RS to BG is found by the planner to be logical given the
11
Staff Report and Analysis
RZ-17-006 —17119 Virginia Avenue LLC
compatibility with the surrounding zoning. The legislative body should, however, closely consider all of
the permitted uses within the BG zoning class to determine whether they would potentially fit the present
character of the neighborhood. If the legislative body finds these uses acceptable, the planner finds that
the proposed rezoning would not be a detrimental change to the neighborhood.
Respectfully Submitted,
-- CSC ,
Travis Allen
Comprehensive Planner
12
Washington County
DEPARTMENT OF PLANNING & ZONING
COMPREHENSIVE PLANNING I LAND PRESERVATION I FOREST CONSERVATION 0 GIS
October 30, 2017
APPLICATION FOR MAP AMENDMENT
PLANNING COMMISSION RECOMMENDATION
Property owner(s):
Applicant(s):
Location:
Election District:
Comprehensive Plan Designation:
Zoning Map:
Parcel(s):
Acreage:
Existing Zoning:
Requested Zoning:
Date of Public Meeting:
RECOMMENDATION
RZ-17-006
17119 Virginia Avenue, LLC
Divelbiss & Wilkinson
Southeast of the intersection of Virginia Avenue and Hickory
School Road
#26 - Halfway
Commercial
48
Parcel 767
0.528 acres
RS — Residential Suburban
BG — Business General
September 18, 2017
The Washington County Planning Commission took action at its regular meeting held on Monday, October 2,
2017 to recommend approval of Map Amendment RZ-17-006 to the Board of County Commissioners. The
Commission considered the applicant's claim that there was a mistake in the zoning of the property during the
2012 Comprehensive Urban Growth Area Rezoning, the supporting documentation submitted with the
application and the applicant's presentation during the public rezoning information meeting. The Commission
also considered the Staff Report and Analysis, and comments of interested parties provided during the public
rezoning information meeting.
The Commission evaluated the applicant's supporting documents claiming that it was a mistake to retain the
current RS zoning during the 2012 Urban Growth Area rezoning because the property is included in a
commercial land use designation on the Land Use Map in the County's adopted Comprehensive Plan, the
existing Business General zoning and uses on three sides of the parcel and the location on a heavily traveled
commercial corridor. The Planning Commission concluded that the requested Business General zoning would
be appropriate in light of the surrounding commercial uses and the dwindling residential uses in the vicinity.
Copies of the application, Staff Report and Analysis, minutes of the September 18, 2017 public rezoning
information meeting, and the unapproved minutes of the October 2, 2017 regular meeting are attached.
TA/STG/dse
Attachments
cc: Andrew Wilkinson, Divelbiss & Wilkinson
file
Respectfully submitted,
Stephen T. Goodrich, Director
Washington County Department of
Planning & Zoning
120 West Washington Street, 2nd Floor l Hagerstown, MD 217401 P: 240.313.24301 F: 240.313.24311 °TDD: 7-1-1
WWW.WASHCO-MDAET
Open Session Item
SUBJECT: Youth Meritorious Award Presentation
PRESENTATION DATE: Tuesday, December 19, 2017
PRESENTATION BY: Tiffany Miller & Board of County Commissioners
RECOMMENDED MOTION: No motion or action is requested or recommended.
REPORT-IN-BRIEF: The following individuals have been selected for the Youth Meritorious
Award for the month of November. They were selected based on their scholastic achievement,
leadership qualities, community service performed or other positive contributions to their school or
community.
December 2017 – Cassie Bedard – 12th South Hagerstown High School
Parent(s) – David and Sophia Bedard
Hometown – Hagerstown, MD
Nominated by Caitlin Myers
December 2017 – Erika Karlin – 12th North Hagerstown High School
Parent(s) – Vicki Stone
Hometown – Hagerstown, MD
Nominated by Carol Kreykenbohm-Barnhart
December 2017 – Purity Nyanaro – 11th North Hagerstown High School
Parent(s) – Oire Spalatin and Sabella Nyanaro
Hometown – Hagerstown, MD
Nominated by Carol Kreykenbohm-Barnhart
December 2017 – Maegan Aleshire – 11th North Hagerstown High School
Parent(s) – James and Carol Aleshire
Hometown – Hagerstown, MD
Nominated by Carol Kreykenbohm-Barnhart
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Student Summaries
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Youth Meritorious Award Summary for
Cassie Bedard
12th Grade Student
South Hagerstown High School
Nominated By: Caitlin Myers
Parent(s) – David and Sophia Bedard
Caitlin Myers endorsed the following:
Cassie Bedard has been an exceptional student throughout her four years at South High.
While being a member of the Academic Leadership Academy, Cassie has taken a rigorous
course load to help her prepare for college. She has excelled in school competitions such as
“We the People” and “National History Day”. Cassie also works tirelessly as Drum Major
for the South High marching band where she uses her leadership skills to manage one of the
biggest bands in school history. Cassie is a joy to have around as she always has a smile on
her face and a positive attitude!
Youth Meritorious Award Summary for
Erika Karlin
12th Grade Student
North Hagerstown High School
Nominated By: Carol Kreykenbohm-Barnhart
Parent(s) – Vicki Stone
Carol Kreykenbohm-Barnhart endorsed the following:
A National Merit Commended student, Erika Karlin represents North Hagerstown High
School all year on the athletic field as a long distant runner on the cross country team,
indoor and outdoor track teams. An academic standout, Erika is in the top 10% of her class
and is a member of the school's John D. Zentmyer Honor Society.
Leadership has been demonstrated by creating and leading a concussion discussion group at
North Hagerstown High School to raise awareness of brain injuries in high school athletics.
Last year she was a web designer for a nonprofit to raise living standards worldwide,
focusing on rural Cameroon. In addition to her outstanding academic and athletic
performance, Erika works part time at American Eagle and Rita's getting ready to attend
college next fall. North Hagerstown High School is proud to nominate Erika Karlin for the
Youth Meritorious Award.
Youth Meritorious Award Summary for
Purity Nyanaro
11th Grade Student
North Hagerstown High School
Nominated By: Carol Kreykenbohm-Barnhart
Parent(s) – Oire Spalatin and Sabella Nyanaro
Carol Kreykenbohm-Barnhart endorsed the following:
What a delightful young woman anyone would be proud to call daughter. Purity Nyanaro is
a junior IB student at North Hagerstown High School. Purity is the type of person others
migrate towards. She is kind and generous with her time and words. She truly enjoys and
enriches the classroom and the activities she is involved with here at school and in the
community. She is very active in her church's youth group reaching out to other youth's in
the community.
As a member of the Unified Tennis Team, Purity took the time to help others learn basics
and was constantly overheard encouraging the other team members. She is also involved
with Key Club, a student service club, unified bocci ball, and student government. The
student government advisor describes Purity as a "doer", never needing to be asked when
something needs to be done; she just jumps in and gets it done. Her leadership is
demonstrated through her respectful interaction with others as she approaches tasks in and
outside the classroom. She is truly a team player, leading and encouraging all.
Youth Meritorious Award Summary for
Maegan Aleshire
11th Grade Student
North Hagerstown High School
Nominated By: Carol Kreykenbohm-Barnhart
Parent(s) – James and Carol Aleshire
Carol Kreykenbohm-Barnhart endorsed the following:
Maegan has one of the strongest work ethics I have observed in a student. She is
diligent and focused on a future that will involve helping others. She is a member of the
John D. Zentmyer Honor Society and currently ranks 10th in a class of 281 students. I first
observed Maegan's compassion on the tennis court where she is a two year member of the
Unified Tennis Team. She is positive and supportive to all. She also represents North
Hagerstown High School as a member of the indoor and outdoor track teams.
As Vice-President of the Student Government Association, Maegan is the point person of
“NHHS's Food bank”. She gives countless hours collecting food, checking expiration dates,
sorting and stocking shelves. Here at North Hagerstown High School we are proud to
describe Maegan as a "Role model" for other students. She is Awesome!
Open Session Item
SUBJECT: For Informational Purpose Only – Jurisdictions with Local Preference
PRESENTATION DATE: December 19, 2017
PRESENTATION BY: Rick Curry, CPPO – Purchasing Director, Purchasing Dept.
REQUESTED INFORMATION: The information being provided is not a recommendation or
that of a consideration; it is only to provide the Board with information that was requested
regarding jurisdictions that do or do not have local preference.
County Local Preference
Allegheny Yes, Within (5%)
Anne Arundel No, Unless Tie Bid
Baltimore No
Baltimore City No
Calvert No
Caroline Not Available
Carroll No
Cecil Yes
Charles Yes
Cumberland City Yes
Dorchester No
Frederick No
Frederick City Yes
Garrett Reciprocal
Hagerstown City No
Harford No
Howard Yes
Kent No
Montgomery Yes
Prince Georges Not Available
Queen Anne’s No
Saint Mary’s No
Somerset No
Talbot No
Washington No
Wicomico No
Worchester No
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase (INGT-17-002) – One (1) Regular Cab
Dump Truck for Parks & Facilities
PRESENTATION DATE: December 19, 2017
PRESENTATION BY: Rick Curry, CPPO, Director - Purchasing Department and John Pennesi,
Deputy Director of Public Works/Parks & Facilities
RECOMMENDED MOTION: Move to authorize by Resolution, Parks & Facilities to
purchase one (1) 4x2 regular cab dump truck from Johnson Truck Center, LLC of Landover, MD.
The cost of the truck is $116,677.00 (which includes a five (5) year 100,000 mile warranty) and to
utilize another jurisdiction’s contract (#001B7400466) that was awarded by the State of Maryland
Department of General Services Office of Procurement and Logistics statewide contract for
various dump trucks.
REPORT-IN-BRIEF: Parks & Facilities is requesting to purchase one (1) regular cab dump
truck to replace a vehicle that is eighteen (18) years old and exceed the County’s Vehicle and
Equipment Types and Usage Guidelines. The County’s replacement guidelines for vehicles
greater than 33,000 lbs. GVWR is recommended at a ten (10) year economic life cycle. The
replaced vehicles will be advertised on GovDeals.com for auctioning.
The Code of Public Laws of Washington County, Maryland (the Public Local Laws) §1-106.3
provides that the Board of County Commissioners may procure goods and services through a
contract entered into by another governmental entity, in accordance with the terms of the contract,
regardless of whether the County was a party to the original contract. The State of Maryland
Department of General Services Office of Procurement and Logistics took the lead in soliciting
the resulting agreement. If the Board of County Commissioners determines that participation by
Washington County would result in cost benefits or administrative efficiencies, it could approve
the purchase of this service in accordance with the Public Local Laws referenced above by
resolving that participation would result in cost benefits or in administrative efficiencies.
The County will benefit with direct cost savings in the purchase of this service because of the
economies of scale this buying group leveraged. I am confident that any bid received as a result of
an independent County solicitation would exceed the spend savings that the State of Maryland’s
bid provides through this agreement. Additionally, the County will realize savings through
administrative efficiencies as a result of not preparing, soliciting and evaluating a bid. This
savings/cost avoidance would, I believe, be significant.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
DISCUSSION: N/A
FISCAL IMPACT: Funds are budgeted in the Parks & Facilities’ Capital Improvement Plan (CIP)
account (VEH008) in the amount of $130,000.00.
CONCURRENCES: N/A
ALTERNATIVES:
1. Process a formal bid and the County could possibly incur a higher cost for the purchase, or
2. Do not award the purchase of the dump trucks.
ATTACHMENTS: Johnson Truck Center, LLC’s quote.
AUDIO/VISUAL NEEDS: N/A
W -4
ro—"-.0g�
WESTERN STAR'
FUSO
L.4 NDOVER
3801 Ironwood Place
Landover, AID 20755
301-832-9100
301-832-4123 fax
GAINESVILLE
5509 Wellington Road
Gainesville, VA 20155
703-753-7002
703-753-6038 Parts Fax
703-753-6239 Service Fax
wiviv.JohnsonTruc lreenter.com
Authorized Dealer for
LJ�
Allison
1lvnsm►svmi
Decenmber 5, 2017
Washington County
Parks and Facilities dept.
1307 S. Potomac Street
Hagerstown, MD 21740
Attn: John Pennesi
As you know, Johnson Truck Center, LLC has been awarded
a Blanket Purchase Order, BPO # 001B7400466, for the State
of Maryland for Various Dump Trucks.
Please accept this letter as an official offering to Washington County
to purchase (1) Regular Cab Dump Truck (Line Item # 16)
for $'116,677.00.
Please do not hesitate to contact me with any questions by any of
the following means:
kfricia a�johnsonu-uckcenter.com
301-832-9137, Direct Office
443-414-6136, Cell
Thank you for this opportunity and I look forward to servicing you.
Respectfully,
i
Kirk E. Fricia
Govt. Sales
Open Session Item
SUBJECT: Bid Award (PUR-1372) Purchase or Lease and Supplying of Golf Carts for
Washington County’s Black Rock Course
PRESENTATION DATE: December 19, 2017
PRESENTATION BY: Rick Curry, CPPO – Purchasing Director and Darrell Whittington –
Golf Director at Black Rock Golf Course
RECOMMENDED MOTION: Move to award the bid to the lowest responsive, responsible
bidder Golf Car Specialties, LLC of Pottstown, PA, based on Option No. 1 (6-year lease) for a
total amount of $57,977.84 per year for a total 6-year cost of $347,867.04 and Alternate No. 1
(6-year lease) at an annual amount of $1,793.20 for a total 6-year coast of $10,759.20, for Grand
Total of $358,627.24 and contingent upon final approval of the lease documents by the County
Attorney’s Office.
REPORT-IN-BRIEF: The recommended award option is for the leasing and supplying of
seventy-two (72) rental golf carts and one (1) heavy-duty range cart with a requirement of the
exchange for new carts at the end of three (3) years. This recommended option also includes a
service agreement of (a) weekly maintenance, (b) winter-time service of the fleet, and (c) 24-hour
emergency service. At the end of the 6-year lease, the golf carts are returned to the vendor. Should
the County wish to own the carts at the end of a lease, it would need to pay fair-market value to
purchase the carts as well as purchase an additional maintenance service agreement. However,
due to wear and tear on the golf carts, the Black Rock Board originally decided to replaces its carts
every three (3) years. It has been common practice to also raise the cart fee $1.00 upon receiving
new carts every three (3) years.
The Invitation to Bid (ITB) was advertised locally in the newspaper and on the County’s website,
as well as on the State of Maryland’s “eMaryland Marketplace” website. Sixteen (16)
persons/companies registered/downloaded the bid document on-line. Three (3) vendors submitted
bids as indicated on the bid tabulation matrix. The present 6-year lease expires January 19, 2018.
DISCUSSION: N/A
IMPACT: Funds for Golf Carts Rental in the amount of $64,620.00 are budgeted in Line Item
Account No. 535030-46-46020 of FY’18 budget.
CONCURRENCES: Division Director of Public Works
ALTERNATIVES: N/A
ATTACHMENTS: Bid Tabulation Matrix
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
PUR-1372
Purchase or Lease and Supplying of Golf Carts for Washington County's Black Rock Golf Course
Bids Opened: November 20, 2017
E-Z-GO,
a Division of Textron, Inc.
Augusta, GA
Golf Car Specialties, LLC
Yamaha Golf Cars
Pottstown, PA
Years 1-3 Years 4-6
Interest Rate 4.0%4.0%3.39%5%
Total Annual Lease Amount of 8 Payments $65,276.00 $57,977.84 $58,313.60*$68,812.48**
Option 2: (Straight Purchase)Years 1-3 Years 4-6
$343,060.00 $172,910.00***
$6,624.00 $6,840.00
**** Corrected to "written" figures from Proposal Form from figures read at bid opening.
Years 4-6
Years 1-3 Years 4-6
**Lease includes balloon payment of $201,500.00, payable by Horizon Distributors, Inc. upon pick-up of the seventy-two (72) 2021 Club Car Precedent i2 gas golf
cars and one (1) 2021 Club Car Carryall 500 driving range picker.
*** Includes trade-in value of $194,300.00 for seventy-two (72) 2018 Club Car Precedent gas golf cars and one (1) 2018 Club Car Carryall 500 driving range picker.
Alternate 1: (Fold-down Windshields)
ADDITIONAL AMOUNT to be added to Option 1
ADDITIONAL AMOUNT to be added to Option 2
Horizon Distributors, Inc.
Frederick, MD
$381,372.24
$14,256.00
*Lease includes balloon payment of $194,300.00, payable by Horizon Distributors, Inc. upon pick-up of the seventy-two (72) 2018 Club Car Precedent i2 gas golf cars
and one (1) 2018 Club Car Carryall 500 driving range picker.
Total Purchase Cost $457,100.00****
Total Purchase Cost $0.00
$630,240.00
$640,320.00
Years 1-3
Open Session Item
SUBJECT: Bid Award (PUR-1370) Snow Removal Equipment – One (1) New Aircraft Deice
Truck with Rapid Heat and Forced Air System
PRESENTATION DATE: December 19, 2017
PRESENTATION BY: Brandi Naugle, Buyer, CPPB – Purchasing Department and Phil Ridenour,
Director – Hagerstown Regional Airport
RECOMMENDED MOTION: Move to award the bid for One (1) New Aircraft Deice Truck
with Rapid Heat and Forced Air System to Ground Support Specialist, L.L.C of Horn Lake, MS.
for the lowest bid in the amount of $289,690.00.
REPORT-IN-BRIEF: On December 4, 2017, the county received a total of two (2) bids for the
Deice Truck. The bid was published in the local newspaper, listed on the State of Maryland’s
“eMaryland Marketplace” website, and on the County’s website. Eight persons/companies
registered/downloaded the bid document online.
DISCUSSION: N/A
FISCAL IMPACT: The equipment is in the Airport CIP budget (EQP031) with funding at
90% Federal Aviation Administration (FAA), 5 % State, and 5 % County, the budget balance as of
December 7, 2017 is $663.065.15.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: The complete Bid Tabulation may be viewed at:
https://www.washco-md.net/wp-content/uploads/2017/12/purch-pur-1370-bidtab.pdf
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
PUR-1370
Snow Removal Equipment
One (1) New Aircraft Deice Truck with Rapid Heat and Forced Air System
Item
No.Description
Ground Support Specialist,
L.L.C.
Horn Lake, MS
Textron Ground Support
Equipment, Inc.
Marinette, WI
1
Snow Removal Equipment -
One (1) New Aircraft Deice Truck with
Rapid Heat and Forced Air System
$289,690.00 $361,375.00
Remarks/Exceptions:
Textron Ground Support Equipment
Marinette, WI
1. Chassis:
#o - No, Deviation
8. Heating System:
#a,i - Estimated heat-up time: 6 minutes
10. Fluid Storage Tanks:
#b - Yes, Deviate
TS-2 1.o Battery disconnect adjacent to battery compartment
TS-5 10.a Tank configuration - 1700 De-ice, 400 Anti-ice
TS-6 13.b Extended Warranty - 3 years, free of charge
Specification Deviations:
Page Section Exception
Bids Opened: 12-4-17
Open Session Item
SUBJECT: Contract Award (PUR-1360) City/County Landfill Gas Mitigation
PRESENTATION DATE: December 19, 2017
PRESENTATION BY: Brandi Naugle, CPPB, Buyer – Purchasing Department and Dave Mason,
P.E. Deputy Director – Division of Environmental Management
RECOMMENDED MOTION: Move to award the contract for City/County Landfill Gas
Mitigation to Sterns, Conrad and Schmidt Consulting Engineers, Inc. of Reston, VA. for the
lowest bid in the amount of $1,287,641.00.
REPORT-IN-BRIEF: The bid was advertised on the State of Maryland’s “eMaryland Marketplace”
website and on the County’s web-site; and in the local newspaper. Twenty-three (23)
registrants/vendors accessed the County’s website and the county received three (3) bids on
December 4, 2017 as stated on the bid tab matrix. City/County Landfill Gas Mitigation to include, but not
limited to: installation of Soil-Bentonite Barrier Wall, vents, pavement restoration and disturbed area
restoration as shown on contract plans. Bidder must complete the project within Forty-Five (45)
consecutive calendar days of liquidated damages in the sum of Five-Hundred ($500) dollars for each
consecutive calendar day may be applied.
DISCUSSION: N/A
FISCAL IMPACT: Funding in the amount of $1,593,424.99 is available in the
Department's Capital Improvement Plan (CIP) account 515000-31-21010(LDI056).
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: The complete Bid Tabulation may be viewed at:
https://www.washco-md.net/wp-content/uploads/2017/12/purch-pur-1360-bidtab-2.pdf
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
PUR-1360
City - County Landfill Gas Mitigation
No.Item Unit Qty.Unit
Price
Total
Price
Total
Price
Total
Price
1 Civil Works LS 1 $251,070.00 $251,070.00 $320,000.00 $619,000.00
2 Erosion and Sediment Control LS 1 $59,706.00 $59,706.00 $25,000.00 $30,000.00
3 Underground Utilities LS 1 $32,355.00 $32,355.00 $37,000.00 $40,000.00
4 Soil-Bentonite Barrier Wall VSF 47,000 $17.50 $822,500.00 $817,800.00 $552,250.00
5 Vertical Passive Vents EA 37 $2,956.00 $109,372.00 $92,500.00 $96,200.00
C-1 Contingent Unclassified
Excavation CY 50 $13.50 $675.00 $3,000.00 $2,500.00
C-2
Contingent Excavation of Buries
Waste and Transport to 40 West
Landfill
TON 50 $62.00 $3,100.00 $3,750.00 $5,000.00
C-3 Contingent General Soil Fill CY 50 $82.00 $4,100.00 $4,500.00 $1,500.00
C-4 Contingent Class I Riprap CY 50 $88.00 $4,400.00 $5,750.00 $7,500.00
C-5 Bentonite TON 1 $363.00 $363.00 $400.00 $300.00
$100.00
$30.00
$150.00
$300.00
$40,000.00
$11.75
$2,600.00
$1,292,300.00
$50.00
Sterns, Conrad and Schmidt
Consulting Engineers, Inc.
Reston, VA
$320,000.00
$25,000.00
$37,000.00
$17.40
EnviroTrac Ltd.
Yaphank, NY
Kinsley Construction, Inc.
York, PA
$17,400.00
$1,309,700.00
$16,800.00
$1,354,250.00
$90.00
Unit
Price
$60.00
$75.00
Unit
Price
$1,337,450.00
$2,500.00
$115.00
$400.00
$619,000.00
$30,000.00
$1,275,003.00
1,287,641.00
12,638.00Total Contingent Bid Items (C-1 through C-5)
Total Sum Bid for Base Items 1 Through 5
PLUS
Contingent Items C-1 through C-5
Total Base Bid (Items 1 through 5)
Bids Opened: 12-4-2017