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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 no later than ten (10) working days prior to the meeting. Notice is given that the Board of County Commissioners of Washington County, Maryland will meet in closed session to discuss personnel matters, to consult with counsel, to obtain legal advice, and to discuss businesses moving into the county from outside the state in accordance with Section 10-508 State Government Article, Annotated Code of Maryland.
BOARD OF COUNTY COMMISSIONERS * * * A G E N D A * * *
March 5, 2013
7:15 a.m. STATE OF THE CITY PRESENTATION LOCATION: HAGER HALL EVENT AND CONFERENCE CENTER 901 DUAL HIGHWAY, HAGERSTOWN
9:15 a.m. Depart for 100 West Washington Street, Room 227
9:30 a.m. BUDGET DISCUSSION CAPITAL IMPROVEMENT – DRAFT I – Capital Improvement Committee
10:30 a.m. TREE FORESTATION AGREEMENT WITH THE SOIL CONSERVATION DISTRICT – Joe Kroboth (draft agreement)
10:40 a.m. MEMORANDUM OF AGREEMENT – GEMA PROPERTIES, INC. Joe Kroboth (agreement and drawing)
10:50 a.m. REVENUE DISCUSSION – EXCISE TAX
11:15 a.m. CLOSED SESSION – (To discuss the appointment, employment, assignment, and/or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; and to discuss other personnel matters that affect one or more specific individuals.)
11:30 a.m. Break
EVENING MEETING AT THE TOWN OF BOONSBORO LOCATION: EUGENE C. SMITH COMMUNITY CENTER, 37 PARK DRIVE, BOONSBORO
7:00 p.m. INVOCATION CALL TO ORDER, President Terry L. Baker PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – February 26, 2013
7:05 p.m. COMMISSIONERS’ REPORTS & COMMENTS MAYOR AND COUNCIL COMMENTS
7:30 p.m. CITIZENS PARTICIPATION
7:40 p.m. OTHER BUSINESS: Appointments to County Boards & Commissions – Vicki Lumm County Administrator’s Comments – Gregory B. Murray Reports from County Staff
BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND Terry L. Baker, President County Administration Building John F. Barr, Vice President 100 West Washington Street, Room 226 Ruth Anne Callaham Hagerstown, Maryland 21740-4735 Jeffrey A. Cline Telephone/TDD: 240-313-2200 William B. McKinley Fax: 240-313-2201
Budget
YearProject FTE Prior Appr. FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023
Airport
9-2 Capital Equipment - Airport 0.0 0 3,965,000 3,965,000 1,326,800 122,400 348,500 260,000 249,000 193,200 281,500 287,200 292,900 298,800 304,700
9-7 Taxiway B and D Rehabilitation 0.0 0 1,400,000 1,400,000 0 1,400,000 0 0 0 0 0 0 0 0 0
9-5 Air Traffic Control Tower Siting Study 0.0 0 153,000 153,000 0 153,000 0 0 0 0 0 0 0 0 0
9-11 Building 18 Partial Roof Replacement 0.0 0 57,500 57,500 0 28,500 29,000 0 0 0 0 0 0 0 0
9-12 Air Traffic Control Tower Replacement 0.0 0 255,000 255,000 0 0 255,000 0 0 0 0 0 0 0 0
9-8 Taxiway A and C Rehabilitation 0.0 0 3,425,200 3,425,200 0 0 408,000 3,017,200 0 0 0 0 0 0 0
9-3 Fuel Farm Relocation 0.0 0 2,308,600 2,308,600 448,900 0 0 312,100 1,547,600 0 0 0 0 0 0
9-9 Taxiway T Construction 0.0 400 916,900 916,900 0 0 0 0 159,200 757,700 0 0 0 0 0
9-4 Proposed Taxiway S 0.0 600 3,885,200 3,885,200 0 0 0 0 0 0 1,013,500 2,871,700 0 0 0
9-10 Runway 9/27 Rehabilitation 0.0 0 2,573,000 2,573,000 0 0 0 0 0 0 0 0 229,700 2,343,300 0
9-6 T-Hanger 1, 2 and 3 Replacement 0.0 0 3,336,700 1,702,900 0 0 0 0 0 0 0 0 0 101,000 1,601,900
Airport Total 0.0 1,000 22,276,100 20,642,300 1,775,700 1,703,900 1,040,500 3,589,300 1,955,800 950,900 1,295,000 3,158,900 522,600 2,743,100 1,906,600
Bridges
10-6 Bridge Inspection & Inventory 0.0 0 545,700 545,700 171,700 20,400 0 159,200 0 22,100 0 172,300 0 0 0
10-3 Marble Quarry Road Bridge W6083 0.0 0 1,843,700 1,843,700 1,793,700 50,000 0 0 0 0 0 0 0 0 0
10-5 Coffman Farms Road Bridge W6371 0.0 0 939,700 939,700 909,700 30,000 0 0 0 0 0 0 0 0 0
10-8 Old Forge Road Bridge W2382 0.0 0 1,474,800 1,474,800 1,439,800 35,000 0 0 0 0 0 0 0 0 0
10-10 Burnside Bridge Road Culvert 01/02 0.0 0 662,900 662,900 612,900 50,000 0 0 0 0 0 0 0 0 0
10-19 Catholic Church Road Bridge 15/02 0.0 0 149,900 149,900 0 149,900 0 0 0 0 0 0 0 0 0
10-20 Newcomer Road Bridge 14/02 0.0 0 175,400 175,400 0 175,400 0 0 0 0 0 0 0 0 0
10-16 Mousetown Road Culvert 06/02 0.0 0 255,600 255,600 0 16,300 239,300 0 0 0 0 0 0 0 0
10-17 Keedysville Road Bridge W5651 0.0 0 1,531,000 1,531,000 252,500 5,100 0 1,273,400 0 0 0 0 0 0 0
10-18 Crystal Falls Drive Bridge W3051 0.0 0 1,365,900 1,365,900 353,500 52,000 0 960,400 0 0 0 0 0 0 0
10-43 Londontowne Drive Culvert 10/03 0.0 0 209,100 209,100 0 209,100 0 0 0 0 0 0 0 0 0
10-12 Old Roxbury Road Bridge W5372 0.0 0 4,200,477 4,200,477 775,077 125,000 0 26,000 3,274,400 0 0 0 0 0 0
10-11 Leiters Mill Road Bridge W2292 0.0 0 1,212,800 1,212,800 1,202,400 0 10,400 0 0 0 0 0 0 0 0
10-22 Sprecher Road Bridge W5661 0.0 0 250,800 250,800 0 0 250,800 0 0 0 0 0 0 0 0
10-23 Sprecher Road Bridge W5662 0.0 0 261,200 261,200 0 0 261,200 0 0 0 0 0 0 0 0
10-9 Spur Road Culvert 07/16 0.0 0 297,200 297,200 0 0 46,800 250,400 0 0 0 0 0 0 0
10-28 Wright Road Culvert 02/05 0.0 0 233,400 233,400 0 0 5,200 228,200 0 0 0 0 0 0 0
10-15 Hopewell Road Culvert 02/01 0.0 0 303,300 303,300 5,100 0 0 298,200 0 0 0 0 0 0 0
10-13 Poffenberger Road Bridge W4011 0.0 0 739,000 739,000 685,900 0 0 53,100 0 0 0 0 0 0 0
10-14 Poffenberger Road Bridge W4012 0.0 0 1,411,100 1,411,100 1,305,000 0 0 106,100 0 0 0 0 0 0 0
10-4 Hopewell Road Culvert 02/02 0.0 0 236,100 236,100 10,100 0 0 226,000 0 0 0 0 0 0 0
10-21 Wright Road Culvert 02/06 0.0 0 187,700 187,700 2,000 0 0 185,700 0 0 0 0 0 0 0
10-37 Bridge Scour Repairs 0.0 0 212,200 212,200 0 0 0 212,200 0 0 0 0 0 0 0
10-24 Rinehart Road Culvert 14/03 0.0 0 332,100 332,100 0 0 0 0 6,500 325,600 0 0 0 0 0
10-27 Cleaning and Painting of Steel Bridges 0.0 0 433,000 433,000 0 0 0 0 433,000 0 0 0 0 0 0
10-7 Dogstreet Road Bridge W5932P 0.0 0 1,074,600 1,074,600 166,400 0 0 0 908,200 0 0 0 0 0 0
10-25 Kretsinger Road Culvert 14/01 0.0 0 309,100 309,100 0 0 0 0 0 309,100 0 0 0 0 0
10-26 Frog Eye Road Culvert 11/06 0.0 0 570,200 570,200 0 0 0 0 0 570,200 0 0 0 0 0
10-29 Keefer Road Bridge 15/20 0.0 0 186,600 186,600 0 0 0 0 0 186,600 0 0 0 0 0
10-30 Burnside Bridge Road Culvert 01/03 0.0 0 299,200 299,200 0 0 0 0 0 299,200 0 0 0 0 0
10-31 Greenspring Furnace Road Culvert 15/15 0.0 0 382,000 382,000 0 0 0 0 0 0 382,000 0 0 0 0
10-32 Harpers Ferry Road Culvert 11/02 0.0 0 531,500 531,500 0 0 0 0 0 0 531,500 0 0 0 0
Projected Cost
Annual
Operating
Total
Project
10 year
Cost
Washington County, Maryland
Capital Improvement 10yr Detail
Fiscal Year 2014 - 2023
Ten Year Capital Program
Pag
e
3 - 1
Budget
YearProject FTE Prior Appr. FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023
Projected Cost
Annual
Operating
Total
Project
10 year
Cost
Washington County, Maryland
Capital Improvement 10yr Detail
Fiscal Year 2014 - 2023
Ten Year Capital Program
Pag
e
10-33 Back Road Culvert 11/03 0.0 0 283,800 283,800 0 0 0 0 0 0 283,800 0 0 0 0
10-34 Long Hollow Road Culvert 05/07 0.0 0 288,300 288,300 0 0 0 0 0 0 0 288,300 0 0 0
10-35 Hoffman's Inn Road Culvert 05/06 0.0 0 295,800 295,800 0 0 0 0 0 0 0 295,800 0 0 0
10-36 Henline Road Culvert 05/05 0.0 0 434,200 434,200 0 0 0 0 0 0 0 434,200 0 0 0
10-38 Bowie Road Culvert 0.0 0 280,900 280,900 0 0 0 0 0 0 0 12,600 268,300 0 0
10-39 Remsburg Road Culvert 0.0 0 286,800 286,800 0 0 0 0 0 0 0 12,600 274,200 0 0
10-44 Mooresville Road Culvert 15/21 0.0 0 328,200 328,200 0 0 0 0 0 0 0 16,900 311,300 0 0
10-41 Lanes Road Culvert 15/12 0.0 0 287,800 287,800 0 0 0 0 0 0 0 0 12,900 274,900 0
10-41 Greenbrier Road Culvert 16/14 0.0 0 317,700 317,700 0 0 0 0 0 0 0 0 12,900 304,800 0
10-42 Taylors Landing Road Bridge W7101 0.0 0 1,185,100 1,185,100 0 0 0 0 0 0 0 0 25,800 1,159,300 0
10-45 Draper Road Culvert 04/07 0.0 0 395,200 395,200 0 0 0 0 0 0 0 0 0 17,600 377,600
10-46 Draper Road Culvert 04/08 0.0 0 359,100 359,100 0 0 0 0 0 0 0 0 0 29,300 329,800
10-48 Willow Road Culvert 05/10 0.0 0 299,900 299,900 0 0 0 0 0 0 0 0 0 5,900 294,000
10-47 Welty Church Road Culvert 14/06 0.0 0 318,100 6,000 0 0 0 0 0 0 0 0 0 0 6,000
Bridges Total 0.0 0 28,178,177 27,866,077 9,685,777 918,200 813,700 3,978,900 4,622,100 1,712,800 1,197,300 1,232,700 905,400 1,791,800 1,007,400
Drainage
11-5 Stormwater Retrofits 0.0 0 8,441,500 8,441,500 44,000 860,900 878,100 895,700 913,500 931,900 950,400 969,500 988,800 1,008,700 0
11-3 Stream Restoration at Various Locations 0.0 0 2,081,300 2,081,300 420,800 244,800 416,200 0 43,300 441,600 0 45,900 468,700 0 0
11-4 Trego Mountain Road Culverts 0.0 0 295,800 295,800 0 295,800 0 0 0 0 0 0 0 0 0
11-9 Bittersweet Drive Drainage 0.0 0 35,000 35,000 0 35,000 0 0 0 0 0 0 0 0 0
11-2 Interstate Industrial Park Stormwater 0.0 0 2,898,500 2,898,500 0 0 0 0 0 1,021,200 900,900 976,400 0 0 0
11-6 Shank Road Drainage 0.0 0 165,600 165,600 0 0 0 0 0 0 165,600 0 0 0 0
11-10 Brookfield Avenue Drainage 0.0 0 115,900 115,900 0 0 0 0 0 0 115,900 0 0 0 0
11-7 Hoffmaster and Harpers Ferry Road 0.0 0 1,004,400 1,004,400 0 0 0 0 0 0 33,800 970,600 0 0 0
11-8 Harpers Ferry Road Drainage, 3600 Block 0.0 0 407,700 407,700 0 0 0 0 0 0 67,600 340,100 0 0 0
Drainage Total 0.0 0 15,445,700 15,445,700 464,800 1,436,500 1,294,300 895,700 956,800 2,394,700 2,234,200 3,302,500 1,457,500 1,008,700 0
Board of Education
18-3 Capital Maintenance - BOE 0.0 0 20,805,000 19,305,000 2,313,000 3,492,000 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000
18-5 Bester Elementary (Replacement School) 0.0 0 23,642,600 23,642,600 9,880,200 10,862,300 2,900,100 0 0 0 0 0 0 0 0
18-7 West City Elementary School - Phase I 0.0 0 18,627,000 18,627,000 151,500 748,500 8,009,400 7,038,100 2,679,500 0 0 0 0 0 0
18-2 Relocatable Classrooms 0.0 0 4,228,600 3,731,300 0 0 364,100 371,400 378,900 386,400 394,200 402,000 468,700 478,000 487,600
18-8 Sharpsburg Elementary Replacement 0.0 0 20,987,600 20,987,600 0 0 0 0 1,840,100 8,828,200 8,178,100 2,141,200 0 0 0
18-4 East City High (New School) 10.0 1,175,000 57,478,900 54,356,800 0 0 0 0 0 165,600 574,300 8,920,700 17,457,700 15,536,100 11,702,400
18-6 Fountaindale Elementary Addition 0.0 0 21,908,300 4,689,600 0 0 0 0 0 0 0 0 0 179,300 4,510,300
18-9 Boonsboro High School - Modernization 0.0 0 62,870,600 304,700 0 0 0 0 0 0 0 0 0 0 304,700
Board of Education Total 10.0 1,175,000 230,548,600 145,644,600 12,344,700 15,102,800 12,773,600 8,909,500 6,398,500 10,880,200 10,646,600 12,963,900 19,426,400 17,693,400 18,505,000
Hagerstown Community College
20-7 ARCC Roof Replacement 0.0 0 1,543,400 1,543,400 705,500 837,900 0 0 0 0 0 0 0 0 0
20-3 Student Center Expansion 2.0 89,148 8,106,900 8,106,900 855,800 0 3,338,500 3,912,600 0 0 0 0 0 0 0
20-8 Central Utility Plant Upgrade 0.0 0 2,627,100 2,627,100 0 0 168,300 2,458,800 0 0 0 0 0 0 0
20-4 Learning Resource Center Renovation 2.0 69,500 2,997,500 2,997,500 0 0 0 199,000 2,798,500 0 0 0 0 0 0
20-9 Teacher Education Center 0.5 25,000 3,619,600 3,619,600 0 0 0 0 185,700 3,433,900 0 0 0 0 0
3 - 2
Budget
YearProject FTE Prior Appr. FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023
Projected Cost
Annual
Operating
Total
Project
10 year
Cost
Washington County, Maryland
Capital Improvement 10yr Detail
Fiscal Year 2014 - 2023
Ten Year Capital Program
Pag
e
20-2 Campus Operations Building 2.0 118,980 5,869,200 5,869,200 0 0 0 0 0 655,200 5,214,000 0 0 0 0
20-6 Technology Center Renovation 0.0 0 7,573,000 7,573,000 0 0 0 0 0 0 471,100 3,179,300 3,922,600 0 0
20-5 ARCC Addition 0.0 64,564 11,180,700 11,180,700 0 0 0 0 0 0 0 0 724,300 4,970,900 5,485,500
Hagerstown Community College Total 6.5 367,192 43,517,400 43,517,400 1,561,300 837,900 3,506,800 6,570,400 2,984,200 4,089,100 5,685,100 3,179,300 4,646,900 4,970,900 5,485,500
Public Libraries
12-2 Hancock Public Library Replacement 1.5 55,625 3,718,600 3,475,500 0 250,000 6,900 8,300 9,600 12,300 14,900 14,900 100,200 1,607,400 1,694,100
Public Libraries Total 1.5 55,625 3,718,600 3,718,600 0 250,000 6,900 8,300 9,600 12,300 14,900 14,900 100,200 1,607,400 1,694,100
General Government
13-2 Bond Issuance Costs 0.0 0 3,242,600 1,288,000 253,000 99,000 100,000 100,900 102,000 103,000 103,900 105,000 106,000 107,100 108,100
13-5 Equipment and Vehicle Replacement prog 0.0 0 2,433,600 2,433,600 200,000 204,000 208,100 212,200 216,500 220,800 225,200 229,700 234,300 239,000 243,800
13-4 Financial Management & Upgrades 0.0 10,000 771,200 771,200 326,500 234,600 104,000 106,100 0 0 0 0 0 0 0
13-3 Contingency - General Fund 0.0 0 3,502,655 1,496,855 279,355 71,900 225,800 0 216,500 0 225,200 0 234,300 0 243,800
13-6 Systemic Improvements Buildings 0.0 0 2,233,600 2,233,600 0 204,000 208,100 212,200 216,500 220,800 225,200 229,700 234,300 239,000 243,800
13-7 Information Systems Replacement 0.0 0 5,982,300 2,010,000 161,500 150,000 154,000 159,200 162,400 165,600 180,200 195,300 210,900 227,100 243,800
13-8 Broadband Wireless Network Infrastructure 0.0 0 384,100 384,100 202,000 35,000 35,700 36,400 37,100 37,900 0 0 0 0 0
13-9 Accela Software Upgrade 0.0 0 700,000 700,000 0 350,000 350,000 0 0 0 0 0 0 0 0
13-10 County Admin Bldg - 1st and 2nd Floors 0.0 0 3,260,100 3,260,100 185,000 2,045,100 1,030,000 0 0 0 0 0 0 0 0
13-11 Massey Shell Bldg - Balt. St. 0.0 32,500 1,029,300 1,029,300 0 0 0 0 0 435,000 594,300 0 0 0 0
General Government Total 0.0 42,500 23,539,455 15,606,755 1,607,355 3,393,600 2,415,700 827,000 951,000 1,183,100 1,554,000 759,700 1,019,800 812,200 1,083,300
Parks & Recreation
15-2 Black Rock Capital Program 0.0 0 661,400 661,400 0 102,000 104,000 53,100 54,100 55,200 56,300 57,400 58,600 59,800 60,900
15-5 Tree Forestation 0.0 0 132,700 132,700 20,000 0 20,800 0 21,600 0 22,500 0 23,400 0 24,400
15-8 Tennis Courts, Resurfacing 0.0 0 40,000 40,000 20,000 20,000 0 0 0 0 0 0 0 0 0
15-10 MLS Wading Pool Reconstruction 0.0 600 102,000 102,000 0 102,000 0 0 0 0 0 0 0 0 0
15-9 Ag Center Audio System Expansion 0.0 0 22,000 22,000 0 22,000 0 0 0 0 0 0 0 0 0
15-7 Playground Equipment Replacement 0.0 0 25,000 25,000 0 25,000 0 0 0 0 0 0 0 0 0
15-6 Chestnut Grove Park Overlay Parking lot 0.0 0 38,800 38,800 0 0 38,800 0 0 0 0 0 0 0 0
15-4 North Central County Park 2.0 80,750 6,805,200 3,825,700 0 0 0 84,900 0 0 1,182,500 1,206,100 1,230,300 0 121,900
15-3 Kemps Mill Park 1.0 19,500 952,900 952,900 0 0 0 0 108,200 276,000 281,500 287,200 0 0 0
Parks & Recreation Total 3.0 100,850 8,780,000 5,800,500 40,000 271,000 163,600 138,000 183,900 331,200 1,542,800 1,550,700 1,312,300 59,800 207,200
Public Safety
16-2 Communication Tower(s) various locations 0.0 0 557,000 557,000 0 0 0 212,200 0 110,400 0 114,900 0 119,500 0
16-3 Detention Center Renovations 4.0 177,045 15,783,700 7,609,800 0 0 0 0 0 0 33,800 631,800 1,874,700 2,509,600 2,559,900
16-4 Emergency Services Capital Program 0.0 3,500 1,543,100 1,296,900 0 200,000 204,000 104,000 106,100 108,200 110,400 112,600 114,900 117,200 119,500
16-5 Law Enforcement - Fleet Replacement 0.0 0 11,034,100 4,129,400 586,600 350,000 353,400 356,900 360,400 364,000 337,800 344,600 351,500 358,500 365,700
Public Safety Total 4.0 180,545 28,917,900 13,593,100 586,600 550,000 557,400 673,100 466,500 582,600 482,000 1,203,900 2,341,100 3,104,800 3,045,100
Railroad Crossings
21-2 Railroad Crossing Improvements 0.0 0 3,706,800 1,644,400 134,000 0 278,600 0 289,900 0 301,600 0 313,800 0 326,500
Railroad Crossings Total 0.0 0 3,706,800 1,644,400 134,000 0 278,600 0 289,900 0 301,600 0 313,800 0 326,500
3 - 3
Budget
YearProject FTE Prior Appr. FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023
Projected Cost
Annual
Operating
Total
Project
10 year
Cost
Washington County, Maryland
Capital Improvement 10yr Detail
Fiscal Year 2014 - 2023
Ten Year Capital Program
Pag
e
Road Improvement
17-4 Highway Capital Program 0.0 0 7,273,300 7,273,300 984,400 500,000 504,900 509,900 595,300 662,400 675,700 689,200 703,000 717,100 731,400
17-6 Fuel Center - Central Highway 0.0 0 929,000 929,000 725,000 204,000 0 0 0 0 0 0 0 0 0
17-7 Fuel Tank - Highway Eastern Section 0.0 0 575,000 575,000 0 575,000 0 0 0 0 0 0 0 0 0
17-5 Maintenance Shop - Western Section 0.0 2,500 395,400 395,400 0 0 0 0 38,200 357,200 0 0 0 0 0
17-3 Highway Central Section - New Facility 0.0 20,000 8,576,600 7,084,600 0 0 0 0 0 276,000 281,500 301,000 673,700 2,748,700 2,803,700
17-8 Pavement Maintenance and Rehabilitation 0.0 0 78,298,160 57,581,760 11,717,660 3,493,500 4,343,700 4,430,500 4,519,100 4,609,500 4,701,700 4,795,700 4,891,600 4,989,500 5,089,300
17-9 Robinwood Corridor II 0.0 3,600 11,056,300 11,056,300 10,138,300 918,000 0 0 0 0 0 0 0 0 0
17-14 Shawley Drive 0.0 720 3,537,300 3,537,300 3,187,300 350,000 0 0 0 0 0 0 0 0 0
17-18 Underpass Way/Railway Lane Roundabout 0.0 0 1,113,200 1,113,200 373,700 739,500 0 0 0 0 0 0 0 0 0
17-23 Professional Court Extended - Phase II 0.0 2,880 7,392,700 7,392,700 125,000 1,309,500 0 0 0 0 0 2,279,200 3,679,000 0 0
17-26 Yale Drive Extended - Phase I 0.0 2,250 6,251,660 6,251,660 4,165,360 1,358,000 728,300 0 0 0 0 0 0 0 0
17-22 Yale Drive Extended - Phase II 0.0 1,800 3,485,940 3,485,940 2,451,640 306,000 728,300 0 0 0 0 0 0 0 0
17-29 Valley Mall Road Improvements 0.0 0 430,000 430,000 0 86,700 343,300 0 0 0 0 0 0 0 0
17-32 Colonial Park East Subdivision Traffic 0.0 0 354,700 354,700 0 168,000 30,600 156,100 0 0 0 0 0 0 0
17-17 Eastern Boulevard Widening Phase II 0.0 2,160 8,193,500 8,193,500 500,000 141,300 480,100 1,382,800 5,689,300 0 0 0 0 0 0
17-31 Battery Backup for Signalized Intersections 0.0 0 278,500 278,500 0 60,000 0 218,500 0 0 0 0 0 0 0
17-15 Southern Boulevard I 0.0 2,520 8,975,800 8,975,800 6,023,100 0 936,400 2,016,300 0 0 0 0 0 0 0
17-21 Eastern Blvd. at Antietam Drive Intersection 0.0 360 3,360,200 3,360,200 502,000 0 1,414,900 1,443,300 0 0 0 0 0 0 0
17-24 Professional Court Ext - Ph I/Bridge 0.0 1,000 9,109,800 9,109,800 125,000 0 260,100 265,300 0 220,800 0 2,756,800 2,577,700 2,904,100 0
17-20 Halfway Boulevard Extended II 0.0 2,160 6,349,100 637,100 0 0 468,200 0 0 0 168,900 0 0 0 0
17-19 Transportation ADA 0.0 0 1,646,800 1,553,500 759,200 0 78,000 89,500 89,400 89,300 89,200 89,100 88,800 89,600 91,400
17-27 MD Route 144 and Western MD Parkway 0.0 0 1,047,700 1,047,700 0 0 20,800 477,500 549,400 0 0 0 0 0 0
17-12 Eastern Boulevard Extended 0.0 3,960 9,373,450 9,373,450 285,250 0 0 689,800 1,082,400 6,150,200 1,165,800 0 0 0 0
17-30 Valley Mall Road Improvements Phase II 0.0 0 1,066,500 1,066,500 0 0 0 185,700 0 441,600 439,200 0 0 0 0
17-33 Medical Campus Road Signal 0.0 0 440,400 440,400 0 0 0 0 440,400 0 0 0 0 0 0
17-11 Longmeadow Road 0.0 3,600 9,890,400 7,607,500 60,000 0 0 0 0 645,800 0 0 3,280,600 1,792,600 1,828,500
17-25 Marsh Pike from MD60 to Longmeadow 0.0 2,160 6,549,500 6,549,500 0 0 0 0 0 0 3,519,300 3,030,200 0 0 0
17-13 Maugans Avenue II 0.0 2,160 11,706,000 150,000 0 0 0 0 0 0 0 150,000 0 0 0
17-16 E. Oak Ridge Drive/South Pointe Signal 0.0 0 359,600 359,600 0 0 0 0 0 0 0 120,600 0 239,000 0
17-28 Meadow View Drive and Oak Hill Avenue 0.0 0 593,300 67,300 0 0 0 0 0 0 0 55,100 0 0 12,200
17-10 Robinwood North 0.0 3,600 11,739,573 708,673 403,973 0 0 0 0 0 0 0 0 0 304,700
Road Improvement Total 0.0 57,430 220,349,383 166,939,883 42,526,883 10,209,500 10,337,600 11,865,200 13,003,500 13,452,800 11,041,300 14,266,900 15,894,400 13,480,600 10,861,200
Solid Waste
14-2 Contingency - Solid Waste 0.0 0 1,711,900 718,900 211,500 0 52,000 53,100 54,100 55,200 56,300 57,400 58,600 59,800 60,900
14-5 E-Cycling Building 0.0 1,000 145,700 145,700 0 0 145,700 0 0 0 0 0 0 0 0
14-9 40 West Seal Coat and Pavement Rehab 0.0 0 703,000 53,000 0 0 53,000 0 0 0 0 0 0 0 0
14-3 Close Out Cap - Rubble Fill 0.0 0 1,969,600 1,969,600 81,400 0 0 1,888,200 0 0 0 0 0 0 0
14-4 Cell 5 0.0 0 4,992,200 4,992,200 0 0 0 0 0 0 225,200 4,767,000 0 0 0
14-6 40 West Pavement Rehabilitation 0.0 0 703,000 703,000 0 0 0 0 0 0 0 0 703,000 0 0
14-7 40 West Trash Fence 0.0 0 717,100 717,100 0 0 0 0 0 0 0 0 0 717,100 0
14-8 Seal Coating Closed Facilities 0.0 0 867,900 867,900 0 0 0 0 0 0 0 0 0 0 867,900
Solid Waste Total 0.0 1,000 11,810,400 10,167,400 292,900 0 250,700 1,941,300 54,100 55,200 281,500 4,824,400 761,600 776,900 928,800
3 - 4
Budget
YearProject FTE Prior Appr. FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023
Projected Cost
Annual
Operating
Total
Project
10 year
Cost
Washington County, Maryland
Capital Improvement 10yr Detail
Fiscal Year 2014 - 2023
Ten Year Capital Program
Pag
e
Transit
22-2 Transit Equipment Replacement Program 0.0 0 213,014 213,014 183,214 14,000 7,700 8,100 0 0 0 0 0 0 0
22-6 Vehicle Maintenance Program 0.0 0 3,540,026 1,553,926 386,126 153,000 104,000 106,100 108,200 110,400 112,600 114,900 117,200 119,500 121,900
22-4 ADA Bus Replacement 0.0 0 8,093,600 634,800 65,000 0 70,300 76,100 0 79,200 92,800 110,800 0 0 140,600
22-5 Transit System Bus Shelters 0.0 0 826,813 700,013 361,813 0 0 106,100 0 0 112,600 0 0 119,500 0
22-3 Fixed Route Bus Replacement Program 0.0 0 37,760,800 5,100,200 924,600 0 0 0 0 0 2,203,400 878,700 0 1,093,500 0
Transit Total 0.0 0 50,434,253 8,201,953 1,920,753 167,000 182,000 296,400 108,200 189,600 2,521,400 1,104,400 117,200 1,332,500 262,500
Water Quality
23-2 Contingency - Utility Admin 0.0 0 473,200 410,400 182,600 0 0 26,500 27,100 27,600 28,200 28,700 29,300 29,900 30,500
23-5 WQ Equipment and Vehicle Replacement 0.0 0 1,046,500 1,046,500 102,000 70,000 77,900 132,100 0 32,500 121,400 123,900 126,400 128,800 131,500
23-4 Laboratory Rehabilitation of Ventilation 0.0 0 276,000 276,000 0 0 0 0 0 276,000 0 0 0 0 0
23-3 General Building Improvements 0.0 0 1,238,400 1,238,400 101,000 0 0 0 0 0 563,100 574,300 0 0 0
23-6 Contingency - Sewer 0.0 0 718,339 592,739 85,339 0 52,000 53,100 54,100 55,200 56,300 57,400 58,600 59,800 60,900
23-18 Capital Replacement Program 0.0 0 494,700 494,700 0 60,000 63,200 10,400 138,000 108,200 22,100 22,500 23,000 23,400 23,900
23-9 Winebrenner Wastewater Treatment Plant 0.0 10,000 15,700,200 15,700,200 14,000,200 1,700,000 0 0 0 0 0 0 0 0 0
23-7 Smithsburg WwTP - Facility Improvements 0.0 10,000 15,559,330 15,559,330 3,011,670 2,242,260 10,305,400 0 0 0 0 0 0 0 0
23-12 Antietam WwTP - Facility Improvements 0.0 0 1,720,600 1,100,200 70,000 510,000 520,200 0 0 0 0 0 0 0 0
23-10 Replace PO 2 Pump Station 0.0 0 1,273,400 1,273,400 0 0 1,273,400 0 0 0 0 0 0 0 0
23-8 Pump Station Upgrades - Various Stations 0.0 0 1,855,500 1,855,500 783,700 0 0 530,600 541,200 0 0 0 0 0 0
23-13 Roof replacement at Conococheague WwTP 0.0 0 212,200 212,200 0 0 0 212,200 0 0 0 0 0 0 0
23-14 General WwTP Improvements 0.0 0 496,800 318,400 0 0 0 318,400 0 0 0 0 0 0 0
23-11 Potomac Edison Pump Station & Force Main 0.0 0 1,576,800 1,576,800 0 0 0 0 1,576,800 0 0 0 0 0 0
23-15 Collection System Rehabilitation Project 0.0 0 2,581,000 2,581,000 0 0 0 0 0 828,100 844,600 0 0 298,800 609,500
23-16 Conococheague WwTP Improvement 0.0 0 896,300 896,300 0 0 0 0 0 0 0 0 0 896,300 0
23-17 Sandy Hook WwTP 0.0 0 836,600 836,600 0 0 0 0 0 0 0 0 0 836,600 0
23-19 Contingency - Water 0.0 0 682,200 556,600 154,800 0 0 26,500 27,100 55,200 56,300 57,400 58,600 59,800 60,900
23-20 WQ Water Main and Meter Replacement 0.0 0 1,241,200 1,241,200 101,000 102,000 104,000 0 324,700 0 0 0 0 0 609,500
23-22 Water Treatment Plant Improvements 0.0 0 496,800 496,800 101,000 51,000 0 110,500 0 0 0 0 234,300 0 0
23-23 Sharpsburg Water Treatment Plant 0.0 0 220,800 220,800 0 0 0 0 0 220,800 0 0 0 0 0
23-21 Sandy Hook Plant Upgrade equipment 0.0 0 112,600 112,600 0 0 0 0 0 0 112,600 0 0 0 0
23-24 Mt Aetna Water System Improvements 0.0 0 585,800 585,800 0 0 0 0 0 0 0 0 585,800 0 0
23-25 Highfield/Sharpsburg Water Storage Tank 0.0 0 358,500 358,500 0 0 0 0 0 0 0 0 0 358,500 0
Water Quality Total 0.0 20,000 50,653,769 49,540,969 18,693,309 4,735,260 12,396,100 1,420,300 2,689,000 1,603,600 1,804,600 864,200 1,116,000 2,691,900 1,526,700
TOTAL 25.0 2,001,142 741,876,537 528,329,637 91,634,077 39,575,660 46,017,500 41,113,400 34,673,100 37,438,100 40,602,300 48,426,400 49,935,200 52,074,000 46,839,900
3 - 5
Budget
YearProject FTE Prior Appr. FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023
Projected Cost
Annual
Operating
Total
Project
10 year
Cost
Washington County, Maryland
Capital Improvement 10yr Detail
Fiscal Year 2014 - 2023
Ten Year Capital Program
Pag
e
Funding Sources
General Fund 37,144,997 14,744,997 1,800,000 1,800,000 2,000,000 2,100,000 2,200,000 2,300,000 2,400,000 2,500,000 2,600,000 2,700,000
Highway Fund 6,792,900 300,000 704,000 504,900 509,900 595,300 662,400 675,700 689,200 703,000 717,100 731,400
Hotel Rental Fund 3,446,600 373,700 400,000 343,300 185,700 440,400 441,600 439,200 275,600 257,700 289,400 0
Solid Waste Fund 679,900 229,900 0 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000
Utility Admin Fund 1,481,400 309,100 70,000 77,900 158,600 27,100 60,100 149,600 152,600 155,700 158,700 162,000
Water Fund 835,100 382,300 51,000 0 26,500 27,100 55,200 56,300 57,400 58,600 59,800 60,900
Sewer Fund 2,671,639 1,669,539 60,000 115,200 63,500 192,100 163,400 78,400 79,900 81,600 83,200 84,800
Airport Fund 59,700 2,200 28,500 29,000 0 0 0 0 0 0 0 0
Tax Supported Bond 180,009,951 26,009,951 12,000,000 14,000,000 16,000,000 16,000,000 16,000,000 16,000,000 16,000,000 16,000,000 16,000,000 16,000,000
Self Supported Bond 39,601,230 9,348,970 4,224,460 6,797,500 3,063,000 990,100 1,330,100 1,751,800 5,348,700 1,531,700 3,117,100 2,097,800
Transfer Tax 14,070,173 470,173 1,000,000 1,000,000 1,100,000 1,200,000 1,300,000 1,400,000 1,500,000 1,600,000 1,700,000 1,800,000
Excise Tax - Schools 5,300,000 1,150,000 242,400 242,400 289,000 335,700 429,000 522,300 522,300 522,300 522,300 522,300
Excise Tax - Roads 1,886,820 730,620 68,700 68,700 81,400 94,000 119,400 144,800 144,800 144,800 144,800 144,800
Excise Tax - Other 251,400 0 14,900 14,900 17,700 20,400 26,000 31,500 31,500 31,500 31,500 31,500
Excise Tax - Library 118,500 0 6,900 6,900 8,300 9,600 12,300 14,900 14,900 14,900 14,900 14,900
Excise Tax - Non-Residential 4,550,000 250,000 210,000 210,000 260,000 360,000 460,000 560,000 560,000 560,000 560,000 560,000
APFO Fees - Roads 84,099 84,099 0 0 0 0 0 0 0 0 0 0
Capital Reserve - Highway 575,000 0 575,000 0 0 0 0 0 0 0 0 0
Capital Reserve - General 41,874,420 9,380,620 5,011,200 3,345,100 1,257,400 498,600 1,810,800 1,267,700 1,395,500 6,247,900 6,216,900 5,442,700
Federal Grant 51,907,997 12,026,397 3,864,100 852,600 5,222,400 4,466,400 1,184,200 3,182,800 7,755,500 5,569,500 5,858,100 1,926,000
State Grant 128,066,411 13,902,511 9,136,500 15,298,000 10,503,200 5,944,900 10,580,500 11,508,800 10,437,200 13,264,500 13,318,400 14,171,900
Contributions 6,921,400 269,000 108,000 1,261,100 316,800 1,321,400 553,100 468,500 1,011,300 641,500 631,800 338,900
TOTAL 528,329,637 91,634,077 39,575,660 46,017,500 41,113,400 34,673,100 37,438,100 40,602,300 48,426,400 49,935,200 52,074,000 46,839,900
3 - 6
Board of County Commissioners Agenda Report Washington County, Maryland
Open Session
From: Joe Kroboth, III, PE, Director of Public Works
Presentation By: Joe Kroboth, III, PE, Director of Public Works
Presentation Date: March 5, 2013
Subject: Tree Forestation Agreement with the Soil Conservation District
Recommended Motion: I move to authorize the President to execute the Tree Forestation
Memorandum of Agreement between the Board of County Commissioners and the Washington
County Soil Conservation District.
Report-in-brief: The Environmental Protection Agency and the Maryland Department of
the Environment have imposed certain rules, regulations, programs and permits upon
Washington County that are intended to protect and enhance water quality in the State of
Maryland. In 2003 Washington County was issued a Municipal Separate Storm Sewer System
permit. The permit is scheduled for renewal over the next few months. The new permit
requirements are closely tied to the Watershed Implementation Plan. A component of the plan is
to implement tree plantings at strategic locations to meet the overall goal of improved water
quality.
Discussion: The Division of Public Works the agency responsible for programs and
construction initiatives to implement the portions of the plan relating to surface stormwater
runoff. The Division has negotiated a Memorandum of Agreement (MOA) with the Washington
County Soil Conservation District to complete the administrative and technical requirements for
obtaining the approvals necessary to perform the tree plantings.
This MOA is proposed to establish a relationship with the Soil Conservation District to complete
the work. This MOA does not prohibit the County from utilizing other means to complete
plantings, but will serve to streamline the process and thus allow the work to be completed with
less overhead and administrative efforts by the County.
Concurrences (If Applicable): County Attorney
Fiscal Impact (If Applicable): Project funded as part of the Capital Improvement Program
budget,
Alternatives (If Applicable):
Attachments: Draft Agreement
1
MEMORANDUM OF AGREEMENT
TREE FORESTATION AGREEMENT
THIS MEMORANDUM OF AGREEMENT (the “MOA”), executed in duplicate,
made and entered into this ________ day of __________________ 2013, by and among The
Washington County Soil Conservation District (the “District”) 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 United States Environmental Protection Agency (“EPA”) in cooperation with the
Maryland Department of the Environment (“MDE”) have imposed certain rules, regulations,
programs, and permits, upon the County, that are intended to protect and enhance water quality
for surface water bodies in the Nation and the State of Maryland. Specific to Washington
County, is the National Pollutant Elimination Discharge System (“NPDES”) Permit known
sometimes at the Municipal Separate Storm Sewer System permit, originally issued to the
County on April 14, 2003 as General Discharge Permit 03-IM-5500.
Included among these rules, regulations, programs, and permits, is an effort to limit
impairments to water bodies known as the Total Maximum Daily Load (“TMDL”) program.
The County has submitted an overall strategy, known as the Watershed Implementation
Plan (“WIP”), to follow in meeting the water quality improvement goals set forth in the TMDL
program. The WIP may be modified from time to time as required by the EPA, MDE, or as
deemed necessary by the County.
Both the County and the District are committed to environmental protection and
enhancing the quality of the water bodies within the jurisdictional boundaries of the County and
State of Maryland.
Because of the District’s specialized expertise in agricultural land management practices
and the significant role agriculture plays in the water quality protection and enhancement,
coupled with the District’s quasi-government status, the District is uniquely positioned to partner
with the County to meet the TMDL goals.
The TMDL program includes a provision of credits for the County to meet the water
quality goals stipulated in the TMDL program, NPDES permit and/or other rules/regulations in
place. Credits are awarded for implementing best management practices ("BMP’s") that lead to
water quality improvement and aid in meeting the TMDL goals. Among these BMP’s, is the
creation of forested areas, streamside forest and grass buffers, tree planting, vegetative
environmental buffers, urban forest buffers, impervious area reductions, stormwater treatment
facilities, etc.
The County may allocate certain financial resources in the six (6) year Capital
Improvement Program budget for the purpose of implementing BMP’s to capture credits toward
the TMDL goals.
2
NOW, THEREFORE, in consideration of the mutual covenants, conditions,
agreements, and promises between the parties hereto, the parties hereto agree as follows:
In order to streamline the procurement process and capture project management
efficiency, the County may utilize, compensate, and/or reimburse the District to complete certain
assigned tasks under this MOA that meet the credit requirements for water quality enhancements
under the TMDL and other similar program(s).
Projects will be awarded to the District as a task assignment. The task assignment will
stipulate a project narrative, location plan or map, goals and objectives of the task, recommended
practices, agreed pricing, schedule for completion, and summary of any services or equipment to
be provided by the County.
Task assignments will be proposed by either party and approved by the Board of County
Commissioners or the Director of Public Works acting as the County’s designee.
I. COUNTY RESPONSIBILITIES:
The Division of Public Works shall manage, direct, coordinate, and implement this
program as the County’s designee. Responsibilities of the County and the County’s
individual designee include, but may not be limited to:
A. Suggest and/or request site locations and the type of BMP’s to be implemented as a
task assignment under this MOA.
B. Review and approval of sites and BMP types suggested by the District for
implementation under this MOA.
C. The County shall not authorize a task assignment that exceeds the available funding
within the Capital Improvement Program budget authorized for this specific purpose.
D. Prepare and issue a purchase order through the County’s Purchasing Department for
all task assignments having a monetary value equal to or greater than one-thousand
dollars ($1,000.00).
E. Issue a written Notice to Proceed for all task assignments approved.
F. Where available, provide land for implementation of a BMP.
G. Provide professional land surveying services to prepare plats and easement
documents when it is necessary to create permanent easements to protect the
installed BMP’s.
H. Review and comment on the Forest Stewardship and Tree Planting Plan provided by
the District.
I. Upon notice that a task assignment has been completed, conduct an inspection of the
site and document the work completed. If outstanding elements of work remain or
are unsatisfactory; prepare a punch list of items and communicate the punch list to
3
the District for correction. The County shall withhold a portion of the payment for
the task assignment commensurate with the value of the punch list items remaining.
J. At the County’s discretion and based upon availability, provide personnel and/or
equipment to assist the District with the implementation of a task assignment.
K. Designate an individual responsible for the day-to-day coordination and
management of this program.
II. DISTRICT RESPONSIBILITIES:
The District’s responsibilities include, but may not be limited to:
A. Suggest to the County site locations and the type of BMP to be implemented as a
task assignment under this MOA.
B. Identify task assignment locations, negotiate agreements, and obtain all necessary
permission from public and private land owners to construct and install BMP’s under
this MOA.
C. Provide an estimated, not to exceed, budget for each task assignment, subject to
review and approval by the County.
D. Utilize procurement procedures established by and approved under State law and the
District’s Board of Supervisors to secure contracted services and furnish and install
materials needed of any given task assignment.
E. Retain the services of a Licensed Professional Forester to prepare a Forest
Stewardship and Tree Planting plan for each task assignment awarded under this
MOA. Revise the plan as requested by the County.
F. Assist the County in the preparation of deeds, easements, and easement plats when
required to protect installed BMP’s.
G. Invoice the County for reimbursement of appropriate and approved costs and
expenses, up to the approved not to exceed price, following the completion of the
work stipulated in the task assignment.
H. Complete any punch list items identified by the County within a reasonable time
after receiving notice of any such items.
I. Schedule work consistent with the optimal planting season for the BMP’s included
on any given task assignment.
J. Designate an individual responsible for the day-to-day coordination and
management of this program as contemplated herein.
4
III. GENERAL
A. This MOA shall be valid for five (5) years from the date of execution, subject to
renewal if mutually agreed to by both parties.
B. Regardless of size, shape or complexity, the District may request not more than five
hundred dollars ($500.00) per site as compensation for administrative and project
management of the task assignment.
C. Where practical, the pricing quoted to the County by the District, shall be on a per
unit price, complete to provide materials and complete the installation.
D. Installation practices shall be consistent with the latest edition of the Maryland
Standards and Specifications for Soil Erosion and Sediment Control and/or the
standards of practice deemed acceptable for the forestry industry.
E. The District shall not proceed with the implementation of a task assignment without
the exclusive written authority of the County. The authorization shall be in the form
of a written Notice to Proceed. The County may refuse to compensate or reimburse
the District for any costs or expenses incurred on a task assignment when the site
and type of BMP has not been previously approved by the County to complete work
under this MOA.
F. As part of negotiations with public or private land owners, the District may not
commit the County financially or otherwise to provide services temporarily or
permanently, without first obtaining written authorization from the County to do so.
The District understands and recognizes this may require special authorization from
the Board of County Commissioners and may require an extended period of time to
obtain.
G. Both parties understand and acknowledge that the issuance of task assignments is
fully dependent upon the availability of funding. The District acknowledges that
there is no guaranteed minimum level of funding commitment by the County. The
County may withdraw unobligated funding at any time as deemed necessary for
budgetary cause.
H. The County shall not authorize a task assignment that exceeds the available funding
within the Capital Improvement Program budget authorized for this specific purpose.
I. Nothing in this MOA prohibits either party from seeking out, applying for and
receiving grant funding to expand the number and type of task assignments to be
completed under this MOA.
J. Where task assignments are funded by the County, the County shall receive the full
TMDL credit toward meeting the water quality goals. Where the District contributes
funding, through donated or grant funding to augment the County’s funding, the
District or agricultural component of the TMDL program and the County shall share
in the applied credit using a prorated funding or nutrient reduction model agreed to
by the parties.
5
K. The County and the District shall work cooperatively to create deed/easement
documents and descriptions, where required. The County shall have the option of
providing land surveying services or if approved as a reimbursable expense by the
County, the services may be secured by the District and reimbursed as part of a task
assignment.
L. The services to provide for tree, shrub, and other planted materials maintenance shall
be an acceptable expense for a period not to exceed two (2) years from the date of
acceptance by the County. The value of the maintenance shall be established at the
time of task assignment approval by the County.
M. This MOA shall be binding upon and inure to the benefit of the parties hereto, and to
their respective agents, successors and assigns.
N. The rights, responsibilities, obligations and liabilities of the parties hereto shall be
determined in accordance with and governed by the laws of the State of Maryland
and the Maryland courts.
O. The Recitals at the beginning of this MOA are incorporated herein as substantive
provisions of this MOA.
P. Land acquisition is intended to include all land necessary to complete the respective
project in the form of fee simple, perpetual, and/or temporary easements.
Q. All notices if to the COUNTY shall be addressed to:
Washington County, Division of Public Works
Mr. Joseph Kroboth, III, PE, LS, PWLF, Director
Division of Public Works
100 West Washington Street, Room 238
Hagerstown, Maryland 21740-4735
Phone: 240-313-2257
Fax: 240-313-2251
Email: [email protected]
With copies to:
Mr. John Swauger, Stormwater & NPDES Coordinator
Division of Public Works
Engineering & Construction Department
80 West Baltimore Street
Hagerstown, Maryland 21740
Phone: 240-313-2415
Fax: 240-313-2401
Email address: [email protected]
If to DISTRICT:
Mr. Elmer Weibley, CPESC, District Manager
Washington County Soil Conservation District
6
1260 Maryland Avenue
Hagerstown, Maryland 21740
Phone: 301-797-6821, Extension 3
Fax: 301-733-5894
Email: [email protected]
With copies to:
Mrs. Dee Price, Urban Program Director
Washington County Soil Conservation District
1260 Maryland Avenue
Hagerstown, Maryland 21740
Phone: 301-797-6821, Extension 3
Fax: 301-733-5894
Email: [email protected]
IN WITNESS WHEREOF, the parties hereto have caused this MOA to be executed by
their proper and duly authorized officers and representatives on the day and year first above
written.
BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY,
MARYLAND
Vicki C. Lumm
County Clerk
Terry L. Baker
President
Approved as to Form and Legal
Sufficiency:
Approval Recommended:
John M. Martirano
County Attorney
Joseph Kroboth, III, PE, LS, PWLF
Director of Public Works
WASHINGTON COUNTY SOIL
CONSERVATION SERVICE
Witness Betty J. Meyers, , Chair
Approval Recommended:
Elmer Weibley, CPESC
District Manager
7
Board of County Commissioners Agenda Report Washington County, Maryland
Open Session
From: Joe Kroboth, III, PE, Director of Public Works
Presentation By: Joe Kroboth, III, PE, Director of Public Works
Presentation Date: March 5, 2013
Subject: Memorandum of Agreement between the Board of County Commissioners and
the Gema Properties, Inc. (developer of the proposed Dunkin Donuts Store on Maugan’s Ave).
Recommended Motion: I move to authorize the President to execute the Memorandum of
Agreement relating to the relocation of Shawley Drive and Maugans Avenue Improvements
between the Board of County Commissioners and Gema Properties, Inc.
Report-in-brief: The CIP budget includes the relocation of Shawley Drive further west to
align with Oliver Drive for safety and traffic operational reasons. A developer, Gema Properties,
Inc. is proposing to develop the former Tower Bank site as a Dunkin Donuts Retail Store. The
County is in need of additional right of way along the frontage of the proposed parcel to be
developed and owns excess land to the west of the lot to be developed. Under Maryland law, the
County could require the Developer to convey the land and construct the improvements,
however, this investment most likely would cause the project to become fiscally infeasible to
complete and the economic development opportunity would be lost. Therefore, staff from the
Division of Public Works has negotiated an agreement with the developer to initiate a sequence
of events that will allow the needed land to be transferred and facilitate the development and
future road construct.
Discussion: The Division of Public Works is requesting that the Board of County
Commissioners authorize the execution of this MOA to allow the conveyance of land and enter
into a cooperative agreement to facilitate the development activity.
Concurrences (If Applicable): County Attorney, Gema Properties
Fiscal Impact (If Applicable): There is no increased fiscal impact to Washington County
for this work as all work has been budgeted as part of the capital improvement. The proposal
will save Washington County the cost of purchasing the land at a later date.
Alternatives (If Applicable): Pay the developer for the cost of the land at a later date.
Attachments: Agreement, Color drawing depicting the responsibilities of the parties
1
MEMORANDUM OF AGREEMENT
Relocated Shawley Drive and Maugans Avenue Road
THIS MEMORANDUM OF AGREEMENT, hereinafter referred to as the “MOA”,
executed in duplicate, made and entered into this ________ day of __________________ 20___,
by and among Gema Properties, Inc., hereinafter referred to as “DEVELOPER” and the
Board of County Commissioners of Washington County, Maryland, a body corporate and
politic and a political subdivision of the State of Maryland, hereinafter referred to as the
“COUNTY”.
RECITALS
The COUNTY has planned and programmed funding to construct a relocated Shawley
Drive from its intersection with Label Lane to Maugans Avenue along the west side of Interstate
81, south of Maugans Avenue in the COUNTY’s capital improvement program (CIP) budget,
and referred to as the “ROAD IMPROVEMENTS”.
The DEVELOPER owns or intends to own land adjacent to and in the general vicinity of
the proposed ROAD IMPROVEMENTS and intends to develop the land to promote economic
development activity in the region, hereinafter referred to as the “PRIVATE DEVELOPMENT”.
To complete the ROAD IMPROVEMENTS, the COUNTY is in need of certain land
owned by the DEVELOPER adjacent to Maugans Avenue.
The COUNTY, owns excess land along the west side of the DEVELOPER’S property.
Because the COUNTY has already programmed the funds to complete the construction of
the ROAD IMPROVEMENTS into its CIP and to aid in reducing the DEVELOPER’S initial
construction cost to open the retail establishment proposed as part of his PRIVATE
DEVELOPMENT, the COUNTY and the DEVELOPER agree to exchange land area to the
benefit of both parties.
Because of the sequence and timing of the ROAD IMPROVEMENTS and the PRIVATE
DEVELOPMENT it is necessary to agree on certain activities, sequences and cost
responsibilities to efficiently process the request for site plan approval and the transfer of the
land necessary to accomplish both the ROAD IMPROVEMENTS and the PRIVATE
DEVELOPMENT.
Both the COUNTY and DEVELOPER concur there are fiscal, scheduling, safety and
economic development benefits to be gained by entering into this MOA and implementing the
ROAD IMPROVEMENTS and PRIVATE DEVELOPMENT as described herein.
NOW, THEREFORE, WITNESSETH: that for and in consideration of the mutual
covenants, conditions, agreements and promises between the parties hereto, the parties hereto
agree as follows:
2
I. ROAD IMPROVEMENTS DESCRIPTION:
The ROAD IMPROVEMENTS are depicted on Exhibit A and will generally consist of
earth excavation, backfill, aggregates, paving, drainage, signing, markings and related
ancillary components necessary to relocate the existing Shawley Drive between Maugans
Avenue along the west side of the Developer’s land. The relocated Shawley Drive shall
be a two lane road intersecting with Maugans Avenue across from the existing Oliver
Drive. At some point in the future, a traffic signal is expected to be constructed at this
intersection. Other work included is the extension of the raised concrete median in
Maugans Avenue at two locations as shown on Exhibit B. The work also includes the
construction of a concrete curb and sidewalk along the full frontage of the
DEVELOPER’s property (excepting the location of a driveway entrance), and to
permanently close access of the existing Shawley Drive to/from Maugans Avenue.
II. PRIVATE DEVELOPMENT DESCRIPTION:
The PRIVATE DEVELOPMENT is generally depicted on Exhibit B and is intended to
be constructed in two (2) phases. Phase I consists of minimal site improvements
necessary to open the retail establishment in accordance with the requirements of the
County Division of Plan Review and Permitting, other authorities having jurisdiction and
the Washington County Planning Commission. Phase II consists of relocating the
driveway entrance to Maugans Avenue, removing pavement and parking from the land to
be conveyed to the COUNTY, constructing new pavements and parking spaces,
stormwater management systems or modifications, the construction of a new driveway
entrance to the relocated Shawley Drive and other ancillary work necessary to complete
the intent.
III. SEQUENCE OF ACTIVITIES AND RESPONSIBILITIES OF THE PARTIES:
Upon the full execution of this MOA, the parties agree to the responsibilities herein and
to commence with the sequence and activities listed.
A. Preparation of site plan, plats and boundary descriptions: The DEVELOPER shall
immediately proceed with the preparation of the PRIVATE DEVELOPMENT site
plan for submission to the Division of Plan Review and Permitting, survey plats
depicting the land to be conveyed between the parties and a boundary description of
the land to be conveyed by the parties. The cost for the preparation of these
instruments shall be the responsibility of the DEVELOPER.
B. Deed : Upon review and acceptance by the COUNTY of the survey plats and
boundary descriptions; the COUNTY shall prepare the deed(s) necessary to convey
land to the COUNTY and to the DEVELOPER generally as shown on Exhibit B as
contemplated herein.
C. Conveyance of Land: Within ninety (90) days of the full execution of this MOA by
both parties, the COUNTY shall convey to the DEVELOPER approximately 5,770
SF more or less of land along the west side of the DEVELOPER’S property as shown
on Exhibit B and the DEVELOPER shall convey to the COUNTY approximately
2,805 SF more or less of land adjacent to Maugans Avenue and along the frontage of
the DEVELOPER’s property as shown on Exhibit B. There shall be no monetary
3
compensation paid to the COUNTY by the DEVELOPER or to the DEVELOPER by
the COUNTY for these property conveyances. The parties recognize and
acknowledge that there are mutual benefits/consideration to the other with regard to
their respective interests.
D. License to occupy land to be conveyed to the COUNTY: Contemporaneously with
the conveyance of the land between the parties, the COUNTY shall grant a license to
the DEVELOPER to continue to use the existing pavements, signage and parking
spaces located on/within the land to be conveyed to the COUNTY. The COUNTY
shall draft the license agreement and shall not charge any form of compensation to the
DEVELOPER to occupy this space. This license will continue in full effect until
such time as the COUNTY provides notice to the DEVELOPER of its intent to
proceed with the construction of the ROAD IMPROVEMENTS.
E. Construction Plans and Specifications for the ROAD IMPROVEMENTS: The
COUNTY, acting on its own behalf, acting through consultants hired by the
COUNTY or under the terms and conditions of another MOA (in no way related to
this MOA), shall assume responsibility for the preparation of the construction plans
and specifications for the ROAD IMPROVEMENTS.
F. Notification of intent to initiate construction of the ROAD IMPROVEMENTS: The
COUNTY shall provide ninety (90) days advanced written notice to the
DEVELOPER at the address listed herein of its intent to initiate construction of the
ROAD IMPROVEMENTS. Upon delivery, via regular United States mail, of its
notice of intent, the DEVELOPER shall immediately proceed with the work
necessary to implement Phase II as shown on the DEVELOPER’s site plan. The
license agreement to occupy the land to be conveyed to the COUNTY shall expire
ninety (90) days following the date of the written notice sent to the DEVELOPER.
G. Permits: At the appropriate time the DEVELOPER shall apply for and obtain all
needed permits and approvals for the work necessary to complete both the Phase I
and Phase II site plan improvements.
H. Actual Construction: Following the notification of intent to initiate construction and
upon the COUNTY proceeding with the construction of the ROAD
IMPROVEMENTS, the following detailed sequence shall be implemented to ensure
the DEVELOPER can continue uninterrupted operation of the planned business
operation at the site (which is a fundamental intention of this MOA). This sequence
is subject to mutually agreeable modifications, by both parties, as may arise during
construction considering circumstances not anticipated at this time.
1. COUNTY shall construct the Maugan’s Avenue improvements west of the
existing Maugan’s Avenue driveway entrance to the site; the relocated
Shawley Drive; the DEVELOPER’s new entrance from the relocated Shawley
Drive to the limit shown; the stormwater management facility, that will provide
treatment for both the relocated Shawley Drive and the additional parking
spaces to be constructed by the DEVELOPER and mentioned later herein.
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2. The DEVELOPER shall construct the Phase II Site plan required parking
spaces (pavement) excepting the three northern most spaces.
3. Upon the opening of the new driveway entrance to the site from the relocated
Shawley Drive, the existing driveway entrance from Maugan’s Avenue to the
site shall be closed. The COUNTY shall construct the new driveway entrance
from Maugan’s Avenue to the site along with the widening of Maugan’s
Avenue, sidewalk and removal of the pavement used for the formal parking
spaces used by the DEVELOPER under the Phase I site plan. The existing
Shawley Drive intersection must also remain open to Maugan’s Avenue
through this Phase of the work.
4. Upon completion of the new driveway entrance from Maugan’s Avenue to the
site and the widening of Maugan’s Avenue, the DEVELOPER shall construct
the three remaining northern most parking spaces remaining as required under
the Phase II site plan. The COUNTY shall close the existing (original)
intersection of Shawley Drive at Maugan’s Avenue.
5. The COUNTY shall construct the raised median proposed for Maugan’s
Avenue.
I. Site Plan Active: Because the time frame to complete the ROAD IMPROVEMENTS
and PRIVATE DEVELOPMENT is unknown at this time, the DEVELOPER shall
keep the approved site plan active with the Division of Plan Review and Permitting
and the Washington County Soil Conservation District until such time as the work is
complete and accepted by the authority having jurisdiction.
IV. GENERAL
A. This MOA shall be binding upon and inure to the benefit of the parties hereto, and to
their respective agents, successors and assigns.
B. The rights and liabilities of the parties hereto shall be determined in accordance with
and governed by the laws of the State of Maryland and the Maryland courts,
irrespective of the place of execution of this MOA.
C. The Recitals at the beginning of this MOA are incorporated herein as substantive
provisions of this MOA.
D. The Exhibits specifically mentioned in this MOA and attached to at the end of this
MOA are incorporated herein as substantive provisions of the MOA.
E. The DEVELOPER shall grant onto the COUNTY an easement to allow surface water
drainage to enter into the stormwater management facility to be constructed at the
northwest corner of the DEVELOPER’s property. The catchment area for this
5
surface water runoff shall be limited to that portion of the ROAD IMPROVEMENTS
that cannot be feasibility diverted to other directions or stormwater facilities.
F. All notices to the COUNTY shall be addressed to:
Washington County, Division of Public Works
Mr. Joe KuhnaJoseph Kroboth, III, P.E., Director, Real Property
Administrator
100 West Washington Street100 West Washington Street, Room 238
Hagerstown, Maryland 21740-4735
Phone: 240-313-225557
Fax: 240-313-2251251
Email: [email protected]
With a copy to:
John M. Martirano, County Attorney
100 West Washington Street, Room 202
Hagerstown, Maryland 21740
Phone 240-313-2230
All notices to DEVELOPER shall be addressed to:
Mr. Nick Patel
c/o: Gema Properties, Inc.
8925 Fingerboard Road, Unit 9
Frederick, Maryland 21704
Phone: 732-822-1173
6
IN WITNESS WHEREOF, the parties hereto have caused this MOA to be executed by
their proper and duly authorized officers and representatives on the day and year first above
written.
BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY,
MARYLAND
Vicki C. Lumm
County Clerk
Terry L. Baker
President
Approved as to Form and Legal
Sufficiency:
Approval Recommended:
John Martirano
County Attorney
Joseph Kroboth, III, PE, LS
Director of Public Works
GEMA PROPERTIES, INC.
(DEVELOPER)
ATTEST Mr. Prakashandra V. Shah
ATTEST Mr. Babubhai S. Patel
&
Professional CertificationI hereby certify that these documents wereprepared or approved by me, and that I am aduly licensed professional engineer under thelaws of the State of , License
NOTE: THE SPLITTER BOX WATER QUALITYSTRUCTURE IS CONCEPTUAL ONLY. ACTUALSTRUCTURES WILL BE DESIGNED AS ASEPARATE PLAN.
TOTAL PARKING REQUIRED 44 SPACESTOTAL PARKING PROVIDED 22 SPACES / AS IT EXISTTOTAL PARKING PROVIDED 24 SPACES / COUNTY R/WTOTAL PARKING PROVIDED 33 SPACES / SHA R/W
0
1 inch = ft.( IN FEET )
GRAPHIC SCALE20 10
20
20 40 80
NOTE: THE EXISTING INTERSECTION WITHSHAWLEY DR. AND MAUGANS AVE. WILL BEREMOVED. SHAWLEY DR. IS CURRENTLY BEINGDESIGNED BY OTHERS TO BE RELOCATED ANDREALIGNED ALONG THE SOUTH SIDE OF THEPROPERTY. THE NEW INTERSECTION WILL BECONSTRUCTED ON THE WEST SIDE OF THEPROPERTY. SITE ACCESS FROM SHAWLEY DR.WILL REMAIN, BUT ONLY FROM THE SOUTH.
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RECOMMENDED SEQUENCE OF EVENTS
1. Memorandum of Agreement drafted and executed bythe Developer and the Board of County Commissioners. Theagreement will contain expectations and actions necessary toultimately complete the public road widening/constructionand private development work. 2. Upon executing the MOA and meeting all therequirements of the various review agencies, the site planwill be presented to the Washington County PlanningCommission for final review and approval. The site plan shallbe prepared in a manner that depicts two phases ofdevelopment. The first phase shall show the privatedevelopment site nearly as it exists currently and how theDeveloper intends to operate it upon initial opening. ThePhase II site plan shall show the proposed publicimprovements and reconfiguration of the private site afterthe public improvements are complete similar to that shownon the attached redline drawing. Both phases shall beapproved by the Planning Commission at this time as toavoid any delays when the parties are ready to initiate thePhase II work. The Developer shall keep the site plan inactive status until the Phase II improvements are complete. 3. Within the time frame specified within the MOA, theland conveyances between the County and the Developershall occur. We would ask that you client be responsible forpreparing the plats and boundary descriptions for the land tobe conveyed. Washington County shall assume reasonabilityfor preparing the deed, unless your client prefers to do so. The County shall receive approximately 2,850 SF of landfrom the Developer and the Developer shall receiveapproximately 5,770 SF of land from the County. 4. Simultaneously with the conveyance of the land,Washington County shall enter into a license agreement withthe developer to occupy the parking area and parking spaceswithin the road frontage portion of land to be conveyed tothe County. The license shall continue in effect until suchtime as the County initiates the process of widening thepublic road. There shall be no compensation paid to occupythe space. 5. Upon notice by the County of its intent to initiateconstruction of the new public road and road widening, theDeveloper shall construct the private improvements forparking and then vacate the parking within the landconveyed to the County. Construct the driveway connectionto the relocated Shawley Drive and flow splitter as necessaryto implement the future improvements of the site plan.
6. The county shall construct new Shawley Drive andconnect the new entrance. Then as part of the widening ofMaugans Ave the county will relocate the Maugans Avenuedriveway entrance. During this construction either entrancemust be kept open with good access to the site.
7. The county will be responsible for constructing theshared water quality structure.
