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HomeMy WebLinkAbout1984 Meeting MinutesDECEMBER 27, 1983 MINUTES, CONT'D hours per week, be appointed by March 1, 1984, at a starting salary of $25,000 per year, which could be shared equally by the County and the State. The Commissioners took the matter under advisement at this time. At this time Commissioner Salvatore returned to the Meeting. FISCAL YEAR 1983 AUDIT REPORT Glenn Bachtell and Mike Manspeaker, representing the County's Auditing Firm of Main Hurdman, appeared before the Commissioners to present the County's Audit Report for the year ended June 30, 1983. Highlights of the report indicated a deficit of $638,000 in the anticipated revenues primarily due to more than $500,000 in investment income falling below what had been budgeted because of the sharp decline in interest rates, and income taxes down $120,000 from the amount estimated; an "insignificant" overexpenditure of $57,000; 25.7 million or 65% of the total general fund spent on education; fund balances at the end of the fiscal year as follows: General Fund - $4.9 million, Highway Fund - $82,000, Revenue Sharing - $3.2 million, Capital Project Fund - $3.1 million. In closing, the Auditors stated that the County is in excellent financial condition, with most of this due to prudent spending and good management and control. HAGERSTOWN/WASHINGTON COUNTY RECREATION COUNCIL BY-LAWS Motion made by Commissioner Salvatore, seconded by Downey to approve of the final draft of the Hagerstown/Washington County Recreation Council Dy-Laws, with the exclusions agreed upon this date, and to submit the document to City of Hagerstown and Board of Education officials for their respective endorsements. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Salvatore to convene in Executive Session at 12:00 noon in regard to personnel matters, pursuant to the Authority con- tained in Article 76(A), Section 11 (a) ( 6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Salvatore, seconded by Roulette to reconvene in Regular Session at 12:15 p.m. Unanimously approved. EMPLOY PART-TIME BUS DRIVER Motion made by Commissioner Roulette , seconded by Salvatore to accept the recom- mendation of the Manager of the County Commuter System and employ Middle Dean Hoover in the position of part-time bus driver. Unanimously approved. ADJOURNMENT Motion made by Commissioner Snook, seconded by Roulette to adjourn at 12:15 p.m. Unanimously approved. Co n y Attorney January 3, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. :riixtl:i .-(M AND PLEDGE OF ALLBGIANC The Meeting was opened with the Lord's Prayer and Pledge of Allegiance to the Flag by the full Assemblage. GRANT WAIVER OF TAX PAYMENT REQUIREMENT ON PERMIT ISSUANCE Motion made by Commissioner Salvatore, seconded by Roulette to grant a waiver of the requirement that the 1983/84 property taxes of Mr. Larry Dickey he paid prior to the issuance of an Electrician's License, on the basis of a hardship. Unanimously approved. Li f I JANUARY 3, 1984 MINUTES, CONT'D r I I I t ADDITION TO CONTRIBUTION LIST - CICHA After due consideration oall the matters and facts adduced at the Public Hearing held on November 29, 1983, a MOTION was made by Commissioner Salvatore and seconded by Snook to ad ¢ CICHA (Commerce & Industry Combined Health Appeal) to the list of non-profit organizations to which the County is authorized to contribute. MOTION made by Commissioner Roulette, seconded by Downey to amend the aforegoing Motion to include that 'if a contribution is made to CICHA, the County shall reserve the right to designate the funds for local agencies only'. Motion carried with Commissioners Bowers and Snook voting "AYE" and Commissioner Salvatore voting "NO". Whereupon, the President called for the vote on the Original Motion, as amended. Motion carried unanimously. LEGAL SERVICES - DEPARTMENT OF SOCIAL SERVICES The Commissioners decided to request the Department of Social Services to develop a Scope of Services required to meet the legal needs of the Department, so that pro- posals can be solicited for these services to be performed on a contractual basis. FIRE & RESCUE RETENTION PROGRAM The Commissioners decided to renew their request to the County Club Association for an annual contribution to help fund a Retention Program for Volunteer Fire and Rescue personnel, and instructed the County Administrator to schedule a meeting with Association officials. ON -SITE SEWAGE DISPOSAL ORDINANCE Adele Wilzack, Secretary of the State Department of Health & Mental Hygiene, along with William Eichbaum, Assistant Secretary of Environmental Programs, and Agency officials Dane Bauer and Rick Sellers, met with the Commissioners to discuss the differences relating to Innovative & Alternative Sewage Disposal Systems as provided for in the County's On -Site Sewage Disposal Ordinance and by State Regulations. Mr. Eichbaum explained that current State regulations do not allow these systems in new developments, but only in existing plats of record, but that the State's major effort is to change some of these systems from experimental tc acceptable under certain circumstances. He said that the experimental sand mound systems being used in St. Mary's County had a fairly good track record and that, by summer, these may become typical systems under certain technical standards. Taylor Oliver, represent- ing the Washington County Homebuilders' Association, along with Terry Bache, local developer, reminded the State officials that it was only after many years of researc and study that the On -Site Sewage Disposal Ordinance was adopted, stating that the I. & A. systems had proven reliable in areas similar to Washington County. Jack Hawbaker, Executive Director of the Planning Department, also pointed out that these systems would allow otherwise unusable land to be developed, thereby further pre- serving agricultural land for farming. (To be continued following the bid opening.) BID OPENING - DEMOLITION SALE OF FORMER CLEAR SPRING SCHOOL Bids for Demolition or Sale of the former Clear Spring Middle School were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: DEMOLITION - Rhoton Trucking - $16,200, Elwood Grimm - $6,250, Potts and Callahan - $78,890, John Merrbaugh - $23,000; SALE - J. Maurice Carlisle - $27,025, Donald Bragunier - $30,000, PATT Organization - $51,000. The bids will be reviewed by appropriate officials prior to a decision being rendered. (Decision rendered during Afternoon Session, this date.) STATEMENT RE DISPOSITION OF FORMER CLEAR SPRING MIDDLE SCHOOL George Boyd, former Mayor of the Town of Clear Spring, expressed opposition to the disposition of the gymnasium of the former Clear Spring Middle School. He recom- mended that the County retain ownership and develop it into a recreational facility for the youth of the area. The Commissioners took the comments under advisement. ON -SITE SEWAGE DISPOSAL ORDINANCE, Cont'd. Secretary Wilzack agreed that Washington County is an outstanding example of why funds are needed to develop broader data bases on non --conventional systems and expressed the hope that County officials, along with Dr. Neill, local Health Officer, would lend their support in her efforts on their behalf. RECESS The Meeting was recessed for lunch with the Washington County Farm Bureau and the Deleqation to the General Assembly. AFTERNOON SESSION The Afternoon Session wary convened at. 2:30 p.m. with President Bowers presiding and Vice President Roulette and Commissions+rs Downey, Salvatore and Snook present. JANUARY 3, 1984 MINUTES, CONT'D ADDITIONAL FUNDS FOR WILSON BRIDGE RESTORATION Motion made by Commissioner Roulette, seconded by Downey to appropriate $3,733 from Capital Contingency for allocation to the Wilson Bridge Restoration Project, for the further collapse that took place from the time the bid was awarded to the issuance of a Notice to Proceed. Unanimously approved. COUNTY POLICY CLARIFICATIONS The Commissioners agreed to clarifications in the County Personnel Policy as follows: Personal Leave Day can be taken at any time after employment; County employees will receive their regular pay when summonsed to appear in Court on cases in which they were not at fault nor a party to the incident. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Roulette to convene in Executive Session at 3:40 p.m. in regard to personnel matters and potential litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Salvatore, seconded by Roulette to reconvene in Regular Session at 5:25 p.m. Unanimously approved. EMPLOY/PROMOTE ROADS DEPARTMENT PERSONNEL Motion made by Commissioner Salvatore, seconded by Roulette to promote/employ the following Roads Department personnel: Promote Walter Hess to the position of Super- visor of the Southern Section, employ Ronald Poffenberger as an Equipment Operator I in the Central Section, and employ Gregory Gaines in the position of Custodian for the Central Section. Unanimously approved. AWARD BID FOR SALE OF FORMER. CLEAR SPRING MIDDLE SCHOOL Motion made by Commissioner Salvatore, seconded by Roulette to reject all bids for Demolition of the former Clear Spring Middle School and award the bid for purchase of the school to PATT Organization who submitted the high bid of $51,000. Unanimously approved. ADJOURNMENT Notion made by Commissioner Roulette, seconded by Downey to adjourn at 5:40 p.m. Unanimous y approved County A orney iGt�f`Z Clerk �� January 10, 3.984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice -President Richard E. Roulette and Commissioner R. Lee Downey. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation wxs delivered by Reverend Robert L. Dell, Grace Brethren Church, followed by the Pledge of Allegiance to the eiag by the iuli Aabcn'ulaga. SUPPORT HOUSE BILL 177 - RECQRDnTION fEQUInr:MP:N'rS Roulette to on Record in support f�ot�on made_ y Comm Boner Downey, seconded�by go of House Bill 177, whereby recordation of a deed, mortgage or fee simple deed is pro- hibited unless it bears a certification that the instrument was prepared by or under the supervision of an attorney permitted to practice before the Court of Appeals and in the presence of one or more of the interested parties. Unanimously approved. LEGISLATION RE TAX SALE PROCEDURES Cfiarlea F. Wagaman, Jr., Attorney for the County Treasurers Office, appeared before '" '•-'i=' 'r'r ' of Aflll Pp the Commissioners to discuss Wirtz c.;rsa=:: ? concerning Tax Sale Procedures in Washington County. He stated that the Office would be presenting these revisions to the Washington County Delegation to the General Assembly in order to add, clarify or delete provisions of the statutes so that the public interest would better be served. The Commissioners asked Mr. Wagaman to sub- mit the proposed legislative requests to Chem in writing by next Tuesday. MINUTES OF MEETING FOR NOVEMBER 1983 Mot own adeby commissioner Roulette, seconded by Downey to approve of the Minutes of the County Commissioners' Meetings for November 1983, as submitted. Unanimously approved. JANUARY 10, 1984 MINUTES, CONT'D I I I Eli I SUPERVISED SHELTERED PROGRAM FOR FRAIL ELDERLY Motion made by Commissioner Roulette, seconded by Downey to provide local funding tc the County Commission on Aging toward a Supervised Sheltered Program for Frail Elderly in Washington County, in an amount of 50% of the project costs not to exceec $20,000 for Fiscal Year 1984/85 and on a continuing basis thereafter. Unanimously approved. REAPPOINTMENT TO PLUMBING BOARD Motion made by Commissioner Roulette, seconded by Downey to reappoint Robert Ritchie Richard Long, Edward Anders, Jr., and Walter Teach, with Dr. John Neill as ex-officj to serve as members of the Washington County Plumbing Board for terms to expire January 1985. Unanimously approved. REAPPOINTMENTS TO CHILDREN'S COUNCIL Motion made by Commissioner Roulette, seconded by Downey to reappoint Judy Barouth, Jim Deaner, Angela Sheerer, Robert Weaver, Mary Ellen Waltemire, Hector Gomez, Gertrude Mackrell-Metz, Ann Seibert, Seibert Shifler and Ann Marie Pedersen to serve as members of the Washington County Children's Council for terms to expire February 1987. Unanimously approved. ARC PROJECT PRIORITY LIST After due consideration of the list of qualifying projects to be submitted by the Tri-County Council of Western Maryland to ARC for funding, a MOTION was made by Commissioner Roulette, seconded by Downey and unanimously approved to support the reinstatement of the City of Hagerstown's Memorial Boulevard Sewer Line Project in the ARC Project Package for funding in the amount of $32,500 providing the Project receives funding approval in the amount of $500,000 from the State Department of Health. SELF INSURANCE PROGRAM - SECOND OPINION BENEFITS Motion made by Commissioner Downey, seconded by Roulette to accept the option under the County's Self Insurance Progam to provide for Second Surgical Opinion benefits. Unanimously approved. VISIT FROM CONGRESSWOMAN BEVERLY BYRON Congresswoman Beverly Byron met with the Commissioners for the fifth annual structured meeting to discuss issues worked on during the year. Topics of mutual concern which were discussed included the following: The National Freeway project has been worked on extensively, with one important factor being its tie in with the Port of Baltimore issue; the current status of the Wilson Bridge restoration; fund- ing approvalfor the retaining wall at the canal; disaster assistance for area farmers affected by last summer's drought; individual assistance that can be pro- vided for handicapped/disabled citizens; Federal Impact Aid to Education; cutbacks in E.P.A. and A.R.C. funding and the County's major sewer problems. Mrs. Byron also stated that the issue of the tower closing at the Airport has been put aside f at least a year and one-half and that the Army Reserve unit is not planning to move its helicopter maintenance facility out of a section of the former Fairchild Indus- tries plant. The Commissioners expressed their appreciation to the Congresswoman for all her support, particularly with the Highfield/Cascade water system grants. At this time Commissioner Martin L. Snook arrived at the Meeting. REVISED BOARD OF EDUCATION BUDGET -_FY84 Dr. Claud Kitchens, Superintendent of Schools, along with Marie Byers, School Board President and Wayne Stouffer, Finance Manager, appeared before the Commissioners to present the revised FY 1983/84 Board of Education budget. Mr. Stouffer explained that budgeted expenditures reflected an increase of $123,000, which was offset. by revisions in the categories and increased revenues for a total balanced budget of $44,802,225. MOTION made by Commissioner Snook, seconded by Downey to approve of the Board of Education's revised FY 1983/84 Budget as presented this date. Unanimously approved. PART-TIME BUS ATTENDANT POSITION Motion made by Commissioner Roulette, seconded by Downey to fill the vacant part -ti bus attendance position for the County Commuter System. Jnanimousl.y approved. RECESS The Meeting was recessed at 11:45 a.m. for lunch with the Board of Directors of the CofSman Home ror the ng. AFTERNOON SESSION The Afternoon Session was convened at 2:15 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey and Snook present. JANUARY 10, 1984 MINUTES, CONT'D DITTO FARMS GOLF COURSE ROUTING Ito ert and Diane Elder, Consultants, along with Ditto Farms Golf Course Advisory Com- mittee members Burt Yingling, Ken Keller and Bob Nichols, appeared before the Commissioners to present the final design for the golf course. Mr. Elder explained that it was proposed that the golf course would be served by wells and that these costs were included in the total estimated cost of the golf course of between $1.4 and $1.6 million dollars. Glenn Dull, County Engineer, explained how a proposed recreational area would fit in with, and could he developed in conjunction with the golf course. He estimated the cost of an access road and parking lots at $100,000. MOTION made by Commissioner Roulette, seconded by Snook to approve of the Ditto Farms Golf Course design, as submitted this date, and to authorize the Consultant to pro- ceed with the Phase II of the Project, preparation of the bid documents. Unanimously approved. REQUEST FOR WAIVER OF INTEREST ON DELINQUENT TAXES Motion made by Commissioner Downey, seconded y Snook to concur with the Court's Order that Contractors Leasing, Inc./Plummer Construction make payments on delinquent taxes on a quarterly basis, and to deny the Company's request for a waiver of the interest on the taxes. Unanimously approved. APPOINT ATTORNEY FOR DEPARTMENT OF SOCIAL SERVICES Motion made by Commissioner Roulette, seconded by Snook to appoint Joseph Chukla as Attorney to the Department of Social Services, on the basis of his low proposal of an annual contract fee of $20,000 and subject to the receipt of a written notice of resignation from the present Attorney to the Board. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner s&oner Roulette, seconded by Downey to convene in Executive Session at 3:04 p.m. in regard to personnel matters and potential litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Mot on made by Commissioner Roulette, seconded by Snook to reconvene in Regular session at 4:10 p.m. Unanimously approved. CONVENE AT LIBRARY The Meeting was convened at the Washington County Free Library at 4:20 p.m. with President Bowers, Vice President Roulette and Commissioner Downey present. Also present were Mayor Donald R. Frush and Council Members William King, Robert Schleigh and Herman Whitaker, Board of Education President B. Marie Byers and Board Member Linda Irvin. PRESENTATION OF DITTO FARMS GOLF COURSE DESIGN Robert Elder, consultant, made apresentation of the Ditto Farms Golf Course design. Commissioner Bowers explained that the design had been approved by the County Com- missioners during their Morning Session and that the Consultant had been authorized to proceed with preparation of the bid documents for the project. HAGERSTOWN/WASHINGTON COUNTY RECREATION COMMISSION Tre-was a general d.iscu.ssion Iy -t-e- elecle3 a ficials present of the proposed agreement for the establishment of a city/county recreation commission and the success the City has had with its recreation program. It was agreed that members of the Com- mission would be appointed by January 19th, with their first responsibility being to seek applicants for the position of director. It was also agreed that Keith Miller, Director of the City program would be named interim director. Appreciation was expressed and much credit given to the Committee that developed the joint program, including City Recreation Council members Ralph Giffin and Eugene Martin who were pracnt at the Meeting And ,'roan VanReenan who was successful in gaining approval of a recreation program concept. After due consideration of the proposed agreement for a Hagerstown/Washington County Recreation Commission and the recommended amendments to the agreement as proposed by the Board of Education in :its letter dated January 5, 1984, a MOTION was made by Commissioner Roulette and seconded by Mayor Frush to adopt the BY-LAWS OF THE HAGERSTOWN/WASHINGTON COUNTY RECREATION COMMISSION, as amended by the Board of Education. School Board President Marie Byers called for the vote on the question. Motion unanimously approved by all elected officials present. ADJOURNMENT O on ma dA by Commissioner Roulette, seconded by Downey t<., adjourn at 4:45 p.m. i nin/mn�irl yt approved. 1( Coun y ttor e Clerk I I fl I AVALON HOME, INC., RESOLUTION & LETTER OE' INTENT DECEMBER 27, 1983, MINUTES, CONT'D • deceived t_r Kocord uec. 29, L983 at 9:U0 1%. .1. FORM III Acts, Jrdinancc•s and L,esoLutions for ,iasliin tun -' ont.y Li,er 3 .'Office of the Glcrk .:L t,ircuit. ..ours 1 or .•ashinLton +ouunty. 695 • RESOLUTION I I A 1 A RESOLUTION AUTHORIZING AND EMPOWERING COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ISSUE, SELL AND DELIVER, AT ANY TIME OR FROM TIME TO TIME, ITS REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,600,000, PURSUANT TO THE PROVISIONS OF SECTIONS 266A THROUGH 266-I OF ARTICLE 41 OF THE ANNOTATED CODE OF MARY- LAND (1982 REPLACEMENT VOLUME) IN ORDER TO LOAN THE PROCEEDS THEREOF TO AVALON HOME, INC., A MARYLAND CORPORATION, FOR THE SOLE AND EXCLUSIVE PURPOSES DESCRIBED IN THIS RESOLU- TION; AUTHORIZING THE PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ACCEPT, ON BEHALF OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, THE LETTER OF INTENT FROM AVALON HOME, INC. TO COUNTY COMMISSIONERS OF WASHINGTON COUNTY DATED DECEMBER 27, 1983; APPROVING, PURSUANT TO NOTICE AND FOLLOWING A PUBLIC HEARING, THE ISSUANCE OF SUCH BONDS; MAKING CERTAIN !,EGISLATIVE FINDINGS, AMONG OTHERS, CONCERNING THE PUBLIC BENEFIT AND PURPOSE OF SUCH REVENUE BONDS; PROVIDING SIONERS OF WASHINGTON COUNTY; AUTHORIZING AND EMPOWERING THE PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY BY ORDER OR OTHERWISE, PRIOR TO THE ISSUANCE, SALE AND DELIVERY OF SUCH REVENUE BONDS, TO SPECIFY, PRESCRIBE, DETERMINE, PROVIDE FOR AND APPROVE THE RATE OR RATES OF INTEREST SUCH REVENUE BONDS ARE TO BEAR, THE FORM, TENOR, TERMS AND CONDITIONS OF AND SECURITY FOR SUCH REVENUE BONDS, AND TO SPECIFY, PRESCRIBE, DETERMINE, PROVIDE FOR AND APPROVE VARIOUS OTHER MATTERS, DETAILS, DOCUMENTS AND PROCE- ntm ES TN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT FOR SUCH REVENUE BONDS; AND GENERALLY PROVIDING FOR AND DETERMINING VARIOUS MATTERS AND DETAILS IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT OF SUCH REVENUE BONDS. RECITALS Sections 266A to 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume) (the "Act") empower all the counties and municipalities of the State of Maryland to issue revenue bonds and to loan the proceeds of the sale of such revenue bonds to a "facility user" to finance the acquisition (as defined in the Act) by such "facility user" of any facility (as defined in the Act). As defined in the Act, a "facility user" includes any individual, public or private corpor- ation, partnership, association, firm, or other entity whether or not created for the purpose of making a profit, which owns, leases, or uses all or any part of a facility. The Act declares it to be the legislative purpose to relieve conditions of unemployment in the State of Maryland, to encourage the increase of industry and a balanced economy in the State of Maryland, to assist in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland through among other things, port development and the control, reduction or abatement of pollution of the environment and the utilization and disposal of wastes (where proceeds of the bonds are used for that purpose), to promote economic development, to protect natural resources and encourage resource recovery and to generally promote the health, welfare and safety of the residents of each of the counties and municipalities of the State of Maryland. County Commissioners of Washington County, a body politic and corporate and a political subdivision of the State of Maryland (the "County"), has received a letter of intent dated December 27, 1983 (the "Letter of Intent"), from Avalon Home, Inc. (in form attached hereto as Exhibit A), a "facility applicant" as defined in the Act, in which it is requested that the County participate in the financing of a certain facility as defined herein, by the issuance of certain bonds described therein and by loaning the proceeds thereof to Avalon Home, Inc., a Maryland corporation (the "Borrower") for the purpose of acquiring and owning the facility defined herein upon the terms and conditions of one or more loan agreements to be entered into between the County and the borrower as permitted by the Act (such loan or loans being herein referred to as the "Loan"). The facility to be acquired will consist generally of (a) approximately 25.3 acres of land located on R. D. o, Hars h Pike at the intersection with Eden Road, Washington County, Maryland (the "Land"); (b) an existing building of approximately 65,000 square feet of space containing 211 nursing beds and -2- appurtenant facilities and renovations to such building (the "Building"); (c) an addition to the Building containing approxi- mately 6,000 square feet of space to accomodate 10 additional beds (the "Addition"); (d) equipment for the Building and the Addition (the "Equipment"); and (e) any other improvements or interests in land necessary or desirable for operation of the Building and the Addition, together with roads and other rights of access, utili- ties, and other facilities necessary to the acquisition, construc- tion and operation of the facility (the "Other Interests") (the Land, the Building, the Addition, the Equipment and the Other Interests collectively, the "Facility"). The County, in compliance with the Tax Equity and Fiscal Responsibility Act of 1982 (the "Federal Act") held a public hearing on December 27, 1983, pursuant to notice (in form attached hereto as Exhibit B) published in a newspaper of general circu- lation in Washington County on December 9, 1983 for the purpose apprising affected residents of Fashington County, Maryland of the proposed issuance o€ the Bonds and allowing such residents to appear and be heard concerning the issuance of the Bonds and the location and nature of the Facility. The County has determined following such public hearing, that there will be a substantial public benefit from the issuance of the Bonds, that the issuance o€ the Bonds to finance the Facility is in the public interest and for a public purpose and by this Resolution has given its approval thereto. The County based upon the findings and determinations set forth below, has determined to participate in the financing of the Facility by (a) issuing, selling and delivering its revenue bonds, in a principal amount not to exceed $7,600,000 (the "Bonds"), and (b) loaning the proceeds of such bonds to the Borrower upon the terms and conditions of one or more loan agree- ments (the "Loan Agreement"), as permitted by the Act. The Loan Agreement will require the Borrower (a) to use the proceeds of the Bonds solely to finance the acquisition of the Facility (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement), and (b) to make Loan payments which will be sufficient to enable the County to pay the principal of and interest and premium, if any, on the Bonds when and as the same shall become due and payable. As security for the Bonds, the County may enter into a one or more trust agreements with one or more corporate trustees or, one or more purchase or assignment agreements with the pur- chaser or purchasers of the Bonds pursuant to which the County will assign to such trustee or purchaser or purchasers, among other things, and excepting the right of the County to indemni- fi0^ av�ii rn p ,terns of the County for expenses, all of the County's right, title and interest in and to, and remedies with respect to the Loan Agreement and any other document or instrument relating to the Loan, and any and all other property of every description and nature from time to time by delivery or by writing -3- of any kind conveyed, pledged, assigned or transferred, as and for additional security for the Bonds. SECTION 1. BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF WASHINGTON COUNTY, That, acting pursuant to the Act, it is hereby found and determined as follows: (1) The issuance and sale of the Bonds by the County pursuant to the Act in order to lend the proceeds thereof to the Borrower for the sole and exclusive purpose (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement) of financing the acquisition (within the meaning of the Act) by the Borrower of the Facility will facilitate and expedite the acquisition of the Facility by the Borrower. (2) The acquisition of the Facility by the Borrower and the financing and refinancing thereof as provided in this Resolu- tion will promote the declared legislative purposes of the Act by —_ (a) creating jobs and employment, thus relieving conditions of unemployment in the State of Maryland and in Washington County; (b) encouraging the increase of industry and commerce and the creation of a balanced economy in the State of Maryland and in Washington County; (c) assisting in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland and in Washington County; (d) promoting economic development; and (e) promoting the health, welfare and safety of the residents of the State of Maryland and Washington County. (3) In addition to authorizing the County itself to acquire the Facility and either to lease or to sell the same to = the Borrower, the Act, authorizes facility financing to be accom- plished in the form of a loan by the County to the Borrower. The — loan form of transaction avoids indirect costs and burdens on the County by eliminating any direct involvement by the County in the acquisition, ownership or administration of the Facility while permitting the imposition of ample controls on the use of the pro- ceeds of the Bonds, thus insuring that the public purposes of the �� Act and the Bond transactions are fully accomplished. Because it is in the best interests of the citizens of Washington County to finance the acquisition of the Facility by a loan to the Borrower, this Resolution contemplates and authorizes a transaction in the — form of a. loan of the proceeds of the Bonds by the County to the Borrower. Accordingly, this Resolution, together with the Loan _— Agreement and any other instrument pertaining to the issuance, saie or delivery of the Bonds including those instruments approved by the written order to be executed by the President of the Board of County Commissioners prior to the issuance, sale and delivery _f the Bends (the "Written Order") (a„rh nthor instruments. together with the Loan Agreement, collectively, the "Bond Docu- ments"), contains, or shall contain, such provisions as the County deems appropriate to effect the financing of the acquisition by -hn nnrrn..1�r of the Parility by the loan form of transaction. -4- 899 (4) NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR GENERAL OBLIGATION OF THE COUNTY OR A CHARGE AGAINST, OR PLEDGE OF THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY, WITHIN THE MEANING OF ANY CONSTITU- TIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION, AND NEITHER SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF THE COUNTY. THE BONDS AND THE INTEREST THEREON SHALL BE LIMITED OBLIGATIONS OF THE COUNTY, REPAYABLE BY THE COUNTY SOLELY FROM THE REVENUES DERIVED FROM LOAN REPAYMENTS (BOTH PRINCIPAL AND INTER- EST) MADE TO THE COUNTY BY THE BORROWER ON ACCOUNT OF THE LOAN AND FROM ANY OTHER MONIES MADE AVAILABLE TO THE COUNTY FOR SUCH PURPOSE. The proceeds of the Bonds, and the payments to be made by the Borrower pursuant to the Loan Agreement, will be paid directly to a trustee or the holders of the Bonds in the event a trustee is not appointed for such purpose to be held and disbursed as shall be approved by the President of the Board in the Written Order. No such monies will be commingled with the County's funds but will be subject only to such limited supervision and checks as are deemed necessary or desirable by the County to insure that the proceeds of the Bonds are used to accomplish the public purposes of the Act and this Resolution. The transactions authorized hereby do not constitute any physical public betterment or im- provement or the acquisition of property for public use or the purchase of equipment for public use. The public purposes expressed in the Act are to be achieved by facilitating the acquisition of the Facility by the Borrower. (5) The Borrower is or will be a "facility applicant" and a "facility user" as defined in the Act; the Facility to be acquired by the Borrower will be operated by the Borrower as a nursing home within the purposes permitted by the Act. (6) The public purposes intended to be achieved by the County through the issuance of the Bonds will, be achieved upon completion of the construction, renovation and acquisition of the Facility resulting in the retention of nursing care facilities in Washington County, Maryland. SECTION 2. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the County hereby approves and is authorized and empowered to issue, sell and deliver, at any time or from time to time and in one or more series, the following Bonds to be known as its "Washington County, Maryland, Economic Development Revenue Bonds (Avalon Home Project)" (provided that such designation may be changed or may contain such other descriptive information as the President of the Board may prescribe in the Written Order) in an aggregate prin- cipal amount not to exceed $7,600,000 subject to the provisions of this Resolution. The proceeds of the Bonds will be loaned to the Bu iuwrL p A:suant tc :he t:.mc and provisions of th^ T.nan AareP- ment, to be expended by the Borrower for the sole and exclusive purpose of financing and refinancing the acquisition of a Facility as specified in the Act (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan -5- 900 Agreement). The Bonds in an amount equal to the purchase price for the Land and the Building may be exchanged with the seller of the Land and the Building for the Land and the Building as contem- plated in Section 266F(d) of the Act. For this purpose references to the Loan and the use of the term "loan the proceeds" and similar terms as used herein shall be considered to include a sale of Land and the Building to the Borrower in exchange for a note or other obligation and the documents which are required to effect the transactions contemplated by this Resolution shall include such terms as shall be necessary to effect such an exchange. The remaining principal amount of the Bonds issued shall be sold at private (negotiated) sale as authorized by the Act. The security and sources of payment for the Bonds shall be solely and exclu- sively as provided in Section 1 of this Resolution. The authority to issue the Bonds is intended to and shall include the authority to issue revenue refunding bonds. Reference herein to the "Bonds" shall include revenue refunding bonds where appropriate. In the event that any refunding bonds are issued pursuant to this Resolution, the outstanding principal amount of any "refunded bonds" (as hereinafter defined) shall not be taken into account in determining the aggregate principal amount of the Bonds issued, sold and delivered hereunder. The term "refunded bonds" means any Bonds (i) for the payment of which (both principal and interest) provision has been made from the proceeds (including any earnings on the investment thereof) of Bonds issued pursuant to this Resolution, or (ii) which have been paid from such proceeds, whether such provisions for payment, or such payment is made at or prior to the maturity of such Bonds. SECTION 3. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the President of the Board is hereby authorized, empowered, and directed to accept the Letter of Intent on behalf of the County in order to evidence the intent of the County to issue, sell and deliver the Bonds in accordance with the terms and provisions of this Resolution. This Resolution is intended to be, and shall constitute, evidence cf the County's intent to issue and deliver the Bonds authorized hereby in accordance with the terms hereof when the Bonds are sold, provided that the County shall have no duty to obtain a purchaser or purchasers therefor and shall incur no pecuniary liability in the event the Bonds are not sold. The County and the Borrower contemplate that the Borrower may proceed with the acquisition of the Facility prior to the issuance, sale and deliv- ery of the Bonds authorized hereby upon the adoption of this Resolution by the County. SECTION 4. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bonds shall be in the name n_ff thP rnnnty and on its behalf by the President or Vice President of the Board, by his or her manual or facsimile signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced -6- 991 thereon and attested by the Clerk to the Board (or other authorized officer) by his or her manual or facsimile signature. The Bond Documents shall be executed in the name of the County and on its behalf by the President or Vice President of the Board by his or her manual signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other authorized officer) by his or her manual signature. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds or any of the aforesaid documents shall cease to be such officer before the delivery of the Bonds or any of the other aforesaid documents, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The President of the Board, the Clerk to the Board and other officials of the County are hereby authorized and empowered to do all such acts and things and execute such other documents and certificates av the President of the Board may determine to be necessary to carry out and comply with the provisions hereof. SECTION 5. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That prior to the issuance, sale and delivery of the Bonds, the President of the Board shall execute the Written Order, pursuant to which the President of the Board may (without limitation) specify, pres- cribe, determine, provide for or approve, all within the limita- tions of this Resolution and the Act, all matters, details, forms, documents and procedures pertaining to the sale, security, issuance, delivery and payment of or for the Bonds, including (without limitation): (a) the principal amount of the Bonds to be issued at any one time and from time to time, the rate or rates of interest thereon, the date or dates of maturity thereof, provisions for the payment thereof, prepayment, sinking fund and redemption provi- sions (if any) thereof, the designation or designations of the Bonds and of any series, and the date or dates of issuance thereof; (b) the form, tenor, terms and conditions of the Bonds, and provisions for the registration and transfer of the Bonds (if any) ; (c) the form and contents of, and provisions for the execution and delivery of, such financing documents as the Board shall deem necessary or desirable to evidence, secure or effect- uate the Loan and the issuance, sale and delivery of the Bonds, including (without limitation) any loan agreements, notes, mort- gages, security agreements, assignments, guarantees, financing agreements rr •Rrrnw agreements; (d) provision for the payment directly by the Borrower of all expenses of preparing, printing and selling the Bonds, including (without limitation) any and all costs, fees and -7- 942 expenses, incurred by or on behalf of the County in connection with the authorization, issuance, sale and delivery of the Bonds, and all costs incurred in connection with the development of the appropriate legal documents, including fees of counsel to the County, and compensation to any persons (other than full-time employees of the County) or entities performing services for or on behalf of the County in connection therewith and in connection with all other transactions contemplated by this Resolution, whether or not the proposed financing is consummated; (e) the creation of security for the Bonds and provision for the administration of the Bonds, including (without limitation) the appointment of such trustees, escrow agents, payment agents, registrars or other agents as the Board shall deem necessary or desirable to effectuate the transactions authorized hereby; (f) the preparation and distribution, in conjunction with representatives of the Borrower and the prospective purchasers of or underwriters for the Bonds of any series, both a preliminary and a final official statement, placement memoranda or offering circular in connection with the sale of the Bonds of any series, if such preliminary official statement and final official statement, placement memoranda or offering circular are determined to be necessary or desirable for the sale of the Bonds of such series; (g) the form and contents of, and provisions for the execution and delivery of, a contract or contracts for the purchase and sale of the Bonds of any series (or any portion thereof); and (h) such other matters in connection with the authori- zation, issuance, execution, sale, delivery and payment of the Bonds, the security for the Bonds and the Loan, and the consum- mation of the transactions contemplated by this Resolution as may be deemed appropriate and approved by the President of the Board including (without limitation) establishing procedures for the execution, acknowledgement, sealing and delivery of such other and further agreements. documents, and instruments, and the authoriza- tion of the officials of the County to take any and all actions, as are or may be necessary or appropriate to consummate the transactions contemplated by this Resolution in accordance with the Act and this Resolution. SECTION 6. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That (a) THE ACT PRO- VIDES THAT NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE GENERAL CREDIT On TAXING POWERS OF T14V ('OUNTY WITHIN THE MEANING OF ANY CONSTI- TUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND SHALL NEVER CONSTITUTE OR GIVE RISE TO PECUNIARY LIABILITY OF THE COUNTY. In order to implement Section 266F(e) of the Act stating that the Bonds shall never constitute or give rise to pecuniary -8- 993 liability of the County, the Loan Agreement, the Bonds and the Bond Documents may provide that no bondholder shall look to the County for damages suffered by such bondholder as a result of the failure of the County to perform any covenant, undertaking or obligation under the Bond Documents, nor as a result of the incorrectness of any representation made by the County in the Bond Documents. Although this Resolution recognizes that the Bond Documents shall not give rise to pecuniary liability of the County, nothing contained in this Resolution or in the Bond Documents shall be construed to preclude in any way any action or proceedings (other than that element in any action or proceeding involving a claim for monetary damages against the County) in any court or before any governmental body, agency or instrumentality, or otherwise against the County or any of its officers or employ- ees to enforce the provisions of any of the Bond Documents. (b) Although the Bond Documents shall provide that the County shall have the right to seek remedies in the event of a default by the Borrower, it is contemplated that the County will assign the performance of obligations to take action to the trustee for the holder(s) of the Bonds or the purchaser or pur- chasers or holder or holders of the Bonds, in order to implement the purposes and intent of the Act, namely to facilitate the acquisition of the Facility by the Borrower without incurring any pecuniary obligation or liability of the County. Accordingly, if a trustee is appointed for such purpose, the trustee shall have the duty to act, whether or not at the direction of bondholders, in all instances in which the trustee for such Bonds may act and determines that action is appropriate. In any case where action by the trustee for the Bonds or the purchaser or purchasers or holder or holders of the Bonds requires simultaneous or subsequent action by the County, the County will cooperate with such trustee or the purchaser or purchasers or holder or holders of the Bonds and take any and all action necessary to effectuate the purposes and intent of the Resolution and the Bond Documents. The perfor- mance by the trustee for the Bonds or the purchaser or purchasers or holder or holders of the Bonds of obligations under any of the Bond Documents permits the identification of all costs arising from the exercise of such obligations. The Bond Documents shall provide that the Borrower shall pay those costs in order to avoid any direct or indirect pecuniary burden on the County. SECTION 7. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That, as permitted by the Act, the Bonds of each series shall be sold at private (negotiated) sale and at par, unless the President of the Board deems it to be in the best interests of the County to sell the Bonds of arty series at public sale or above or below par, in which event the Bonds of such series shall be sold in such manner, at such price or prices and upon such terms as shall be determined in the Written Order to be in the best interests of the County. the Bonds of each series shall be sold at such times, on such dates and to such persons, firms or corporations (including, without limitation, banks or other financial institutions) as 904 shall be determined by the President of the Board (as the case may be), with the consent of the Borrower. SECTION 8. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the provisions of this Resolution are severable, and if any provision, sentence, clause, section or part hereof is held illegal, invalid or uncon- stitutional or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Resolution or their application to other persons or circumstances and the remaining provisions shall be construed so as to give practical realization to the public purposes intended to be achieved hereunder and the protection against pecuniary liability to be afforded to the County. It is hereby declared to be the legislative intent that this Resolution would have been passed if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included herein, and if the person or circumstances to which this Resolution or any part hereof are inapplicable had been specifically exempted herefrom. SECTION 9. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That unless such time period shall be limited by other applicable law, in the event that the financing transactions contemplated by this Resolution shall not have occurred within eighteen (18) months from the effective date hereof, the County's authorization under the Resolution shall terminate unless otherwise extended by Resolution of the Board. SECTION 10. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That this Resolution shall take effect from the date of its adoption. AND ADOI?TED this 27th day of December, 1983. ATTEST:. COUNTY COMMISSIONERS OF WASHINGTON COUNTY By athr.yp .F \Siroprt Ronald L. ers, President Clerk Board of County Commissioners of Washington County -10- 995 EXHIBIT A LETTER OF INTENT 996 AVALON HOME, INC. December 27, 1983 County Commissioners of Washington County c/o Leroy R. Burtner, Director Washington County Economic - Development Commission Court House Annex — Hagerstown, Maryland 21740 Re: $7,600,000 Washington County, Maryland, Economic Development Revenue Bonds (Avalon Home Project) - Ladies and Gentlemen: — Avalon Home, Inc., a Maryland corporation (the "Borrower"), requests that County Commisioners of Washington County (the "County") participate in the financing of the acqui- sition, renovation and construction of facilities hereinafter described (the "Facility") located in Washington County, Maryland, by authorizing, issuing and selling its economic development revenue bonds in a principal amount not to exceed $7,600,000 (the "Bonds"), pursuant to Sections 266A through 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume & 1983 Cum. Supp.) (the "Act"). It is intended that this letter, if accepted by the County, shall constitute a "letter of _____ intent" as contemplated by Section 266A(h) of the Act. It is proposed that the County loan the proceeds of the Bonds (the "Loan") to the Borrower pursuant to the terms and provisions of a loan or similar agreement to be entered into by the County and the Borrower (the "Loan Agreement"). Bonds in the — amount equal to the purchase price for the existing portion of the F^ri 1 i tv near ha ar changed ,.i ti, th .1 1. , ,c ..-h '-----'-t" for __ _- title to such property as contemplated in Section 4266F(d)�of the Act. The Borrower requests that, for this purpose, references to —_ the Loan and the use of the term "loan the proceeds" and similar terms as used in this letter of intent be considered to include a l'It' I fII 997 County Commissioners of Washington County December 27, 1983 Page 2 sale of the land to the Borrower in exchange for a note or other obligation and that the documents which are required to effect the transactions contemplated by this letter of intent include such terms and provisions as shall be necessary to effect such an exchange. The Loan Agreement will require the Borrower to use the proceeds of the Loan for the sole and exclusive purpose of financing the acquisition, construction and renovation of the Facility by the Borrower as generally described herein and the payment of the costs of preparing and selling the Bonds and other costs as permitted by the Act. The Bonds shall be repayable by the County solely from the revenue derived from loan repayments (both principal and interest) made to the County by the Borrower pursuant to the terms and provisions of the Loan Agreement and from any other monies made available to the County for such purpose. The Borrower is a "facility applicant" and "facility user" (as mentioned in Section 266A(h) and (i) of the Act). The Loan Agreement will require the Borrower to make Loan payments (both principal and interest) sufficient to pay (a) the principal of, and interest and redemption premium, if any, on, the Bonds, and (b) all expenses incurred by the County in connec- tion with the issuance and sale of the Bonds and the making and administration of the Loan, as the same become due and payable. The Borrower agrees that all costs of acquiring and constructing the Facility in excess of the proceeds of the Loan will be paid by the Borrower. The Loan Agreement will contain such other pro- visions as may be required by law and as may be agreed to by the Borrower, the County, and the purchaser(s) of the Bonds, as permitted by law. The Facility, which is a "facility" as defined in the Act, will consist generally of (i) approximately 25.3 acres of land located on R.D. 8, Marsh Pike at the intersection of Eden Road, Washington County, Maryland (the "Land"); (ii) an existing building of approximately 65,000 square feet of space containing 211 nursing beds and appurtenant facilities and renovations to such building (the "Building"); (iii) an addition to the Building containing approximately 6,000 square feet of space to accomodate 1V f11YA_L V11Q! Lr__ ___- - - - *- Building and the Addition (the "Equipment"); and(v)any other improvements or interests in land necessary or desirable for operation of the Building and the Addition, together with roads or County Commissioners of Washington County December 27, 1983 Page 3 other rights of access, utilities, and other facilities necessary to the acquisition, construction and operation of the Facility. It is expected that the construction of the Addition will provide employment for approximately 10 more people than are employed by the present owner of the Facility. The acquisition of the Facility will promote the de- clared legislative purposes of the Act by (a) creating jobs and thus relieving conditions of unemployment in the State of Maryland (the "State") and in Washington County, (b) encouraging the in- crease of industry and commerce and the creation of a balanced economy in the State and in Washington County, (c) assisting in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State and in Washington County, (d) promoting economic development, and (e) generally promoting the health, welfare and safety of the residents of the State and Washington County. Financial considerations have been a factor leading to the Borrower's decision to acquire the Facility and its decision has been influenced materially by the availability of economic development revenue bond financing. It is expressly understood and agreed that (a) the County will not incur any liability, direct or indirect, or any cost, direct or indirect, in connection with the issuance and sale of the Bonds, the making of the Loan or the rehabilitation, modernization and construction of the Facility, and (b) the Facility will be acquired so as to conform to the requirements of the Borrower. Accordingly, the Borrower will (a) select, super- vise and work with the suppliers and contractors and will provide, construct, and equip the Facility, and negotiate and approve all contracts, construction plans, drawings, specifications, and all financing arrangements in connection with the acquisition and construction of the Facility, and (b) pay all costs incurred by, or on behalf of, the County in connection with the issuance, sale, delivery and administration of the Bonds, the making of the Loan, including the adiminstration thereof, and in connection with the acquisition, construction and renovation of the Facility, includ- :nn 1w, f hn,t 1 i mi tatinn 1 al 1 rnata i r:_I,:_nr7 i n _rir.ri m,.+`sr ;.,iti% tha development of the appropriate legal documents necessary to effectuate the proposed financing and acquisition, including (without limitation) the fees of bond counsel to the County and compensation to any other person (other than full time employees 999 County Commissioners of Washington County December 27, 1983 Page 4 of the County) performing services by or on behalf of the County in connection with the transactions contemplated by this letter of intent whether or not the proposed financing and acquisition are consummated. It is further understood and agreed to by the Borrower that the proposal contained herein is subject to (a) a public hearing to be held by the County pursuant to at least fourteen (14) days notice in a newspaper of general circulation in Washington County, (b) the approval of, and appropriate action by, the Board of County Commissioners of Washington County which action includes, but is not limited to, passage by the County of a resolution implementing the financing of the project described herein and approving the Bonds (the "Resolution"), and a final administrative resolution as will be provided for in the Resolu- tion, and (c) the approval of detailed provisions of all documents pertaining to the financing as yet to be developed. The accept- ance of this letter by the County shall constitute evidence of the present intent of the County to authorize the issuance, sale and delivery of the Bonds and to authorize the Loan for the purposes described herein subject to the conditions described herein; provided, however, that the Borrower recognizes that: 1. The County cannot make any guaranty, promise or assurance that the terms and conditions (including, but not limited to, the principal amount of the Bonds to be issued, the rate or rates of interest the Bonds are to bear, the times that the interest on the Bonds is to be paid, the redemption provisions for the Bonds, the time the Bonds are to be executed, issued and delivered and their form, tenor and denomination) of the Bonds as actually authorized to be issued, will be acceptable to the Bor- rower; and 2. The County can give no guaranty, promise or assur- ance as to the availability of ready, willing and able purchasers of the Bonds. The County's adoption of the Resolution and its accept- ance of this letter of intent are intended solely to implement the financing of the project described herein by enabling the issuance and stile by Lim County of the Bviiub. Nei Uiei Uic al:44-cpl.aiiuc oL this letter of intent nor the adoption of the Resolution will constitute any assurance by the County to any prospective pur- chasers of the Bonds that (i) the Borrower will have the ability to repay the Loan, (ii) the Facility will be feasible economically County Commissioners of Washington County December 27, 1983 Page 5 or otherwise, (iii) the Facility will be completed, or (iv) the Facility will be in compliance with applicable County, State or Federal laws. The Borrower agrees to use its best efforts to complete the financing contemplated hereunder and to acquire, construct and renovate the Facility. It is also understood and agreed that the County reserves the right to withdraw the authorization set forth in the Resolution and this letter of intent should the Facility prove to be in violation of the County, State or Federal laws applicable to it unless appropriate steps are taken by the Borrower to alter the Facility or otherwise, to bring the proposed Facility into compliance with such laws. The Borrower agrees that it will provide all certifica- tions (including opinions of its counsel) required by bond counsel to the County in order to establish that interest on the Bonds will be exempt from Federal income taxation (including certi- fications enabling the County to certify that the Bonds are not arbitrage bonds). The Borrower also agrees that in the event that it determines that a portion of the tract of land to be acquired out of the proceeds of the Bonds is not required for operations of the Borrower, any proceeds from the sale of which land shall be applied to a reduction of principal on the Bonds. Neither the Bonds, nor any interest thereon, shall ever constitute an indebtedness or a charge against the general credit or taxing powers of the County, within the meaning of any consti- tutional or charter provisions or statutory limitation, and neither shall ever constitute or give rise to any pecuniary liability of the County. In the event that the financing transactions contem- plated by this letter of intent shall not have occurred within eighteen months from the date hereof (or such shorter period if required by applicable law), the County's authorization under this letter of intent shall terminate. Very truly yours, ,,.,,...... NCB !NC nvr�uvw u.., By: — Domini�3. Perin, President 911 County Commissioners of Washington County December 27, 1983 Page 6 Accepted this 27th day of December, 1983, pursuant to Resolution ,.,N passed by the County Commissioners of Washington County on December 27, 1983, by the President of the Board of County Commissioners of Washington County. ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY By : er Rona d L. ers, Presi ent Board of County Commissioners of Washington County . 912 EXHIBIT B CERTIFICATION OF PUBLICATION MORNING, HE&ALD. Hagerstown, MD." December 9, 1983 913 kan/Mcrw nwna"Ma *1 i*%WMM 0 � �U11Np L I y I 47 r c 3' January 17, 1984 Hagerstown, Maryland 21740 I I I C The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook present. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers followed by the Pledge of Allegiance to the Flag by the full Assemblage. SANITARY COMMISSION FUNDING ALTERNATIVES Paul Waggoner, Sanitary Commission Chairman, along with Commission members James Ecke] Edwin Palmer and Robert Holsinger, and Palmer Dawson, Executive Director/Secretary- Treasurer and Robert Johnson, Assistant Executive Director/Project Manager for the Commission, met with the Commissioners to discuss the status of projects and funding alternatives. Mr. Dawson explained that $229,163 is presently owed to the County, with $116,608 for the Highfield/Cascade Water System to be repaid from the proceeds of loans or grants, but that this figure does not include $171,000 previously commit- ted for the Sludge Dewatering project at the Halfway Treatment Plant nor $400,000 awarded through condemnation for acquisition of the Highfield Water System. Commis- sion officials stated that the urgent need was to know whether the $171,000 committed was to be in the form of a loan or a grant from the County and if it was to be a loan, how much interest would be charged. They also expressed the hope that the money would be in the form of a grant since the Sludge Dewatering project was to promote future growth in the area, and not for improving service to users already in the District. It was also explained that additional local funds totalling approxi- mately $1,063,900 would be needed for all the projects required for lifting the sewer moratorium in the Halfway area. In addition to other funds required to make up for the loss of Fairchild user fees and replacement of the concrete pier at the Sharpsburg Water Tower, the Commission members requested an annual contribution to the Adminis- trative Fund, including Commissioners Salaries, of $100,000. The Commissioners took the matter under advisement at this time, pending further clarification of the County's total commitment towards funding the above projects. James Young, Director of Finance, was requested to assist with the preparation of a schedule of project costs and funding alternatives. (Recap and further discussion of above later during Morning Session, this date.) DETENTION CENTER CONTRACT CHANGE ORDERS The County Administrator introduced two (2) requested Change Orders to the Detention Center Contract, i.e., $140.00 for a plaster bulkhead and $1708.51 for two windows in the duty officer's office. MOTION made by Commissioner Salvatore, seconded by Roulette to approve of a Change Order to the Detention Center Contract for an additional $140.00 for a plaster bulk- head. Unanimously approved. DATE FOR RENEWAL OF CONSORTIUM LEASE The Commissioners agreed to make January 1, 1984 as the effective date for renewal of the lease with the Western Maryland Manpower Consortium for the premises located at 33 West Washington Street at a rental fee of $6.50 per square foot. AGREEMENT WITH STATE FOR LICRNSTNG PLUMBERS Motion made by Commissioner Roulette, seconded by Salvatore to approve of the Agree- ment with the State Board of Commissioners of Practical Plumbing regarding the examinations for plumbers currently licensed by the Washington County Plumbing Board, '•'ith said examinatiene to he held in April 1984 following a refresher course at the Hagerstown Junior College which will be held in March 1984, and further, instructing i the County Attorney to prepare appropriate legislation for presentation to the County) Delegation for changes in the law to effectuate said Agreement. Unanimously approved CHANGE IN FARE STRUCTUHti 1'uR uuUiNi"i TC:1: Keith Godwin, Manager of the County Commuter System, appeared before the Commissioner I to propose a new fare structure for the County Commuter. System, effective February is He said that, with the reduced fares during December and January, ridership had increased, and with the reinstatement of fares which were effective prior to the August 1983 increase, he felt that th'.s trend would continue. The Commissioners -n,00i with the new fare structure, as proposed this date and approved by the Trans- I portation Commission, as follows: Adults - 55c to all zones, iu4 ,_o;: L[atl6i Hi; Senior Citizens and Students - 40C to all zones, Sc' for transfer; Senior Citizens Mid -Day -• 25C to all zones, Sc' for transfer. APPOTN'rMENTS TO CITY COUNTY RECIiI,ATION C0MM1[;SION Motion made by Commissioner Roulette, seconded by Salvatore to appoint James Brown, Irvin Easterday and Judy Baines to serve as the County's representatives on the City/County Recreation Commission. Unanimously approved. JANUARY 17, 1984 MINUTES, CONT'D APPOINTMENT TO AIRPORT ADVISORY BOARD Motion made by Commissioner Roulette, seconded by Snook to appoint Commissioner John Salvatore to serve as a member of the Airport Advisory Board. Unanimously approved. REAPPOINTMENT TO TRANSPORTATION COMMISSION Motion made by Commissioner Snook, seconded by Roulette to reappoint Charles Hoover to serve as a member of the Washington County Transportation Commission for a term to expire January 22, 1987. Unanimously approved. APPOINTMENT TO FIRE & RESCUE ADVISORY BOARD Motion made by Commissioner Roulette, seconded by Salvatore to appoint Thomas Cochr with William Dieterich as Alternate, to serve as a member of the Fire & Rescue Com- munications Advisory Board for a term to expire January 17, 1986. Unanimously approved. REQUEST INCREASED COMPENSATION FOR ELECTION BOARD JUDGES Motion made by Commissioner Roulette, seconded by Salvatore to request the Washington County Delegation to support legislation to compensate Chief Judges of Elections at the rate of $60.00 per day and Judges at $50.00 per day. Unanimously approved. REQUEST CHANGE IN METHOD OF COMPENSATING JUDGES OF THE ORPHANS COURT Motion made by Commissioner Salvatore, seconded by Downey to request the Washington County Delegation to support legislation to change the method by which the Judges of the Orphans Court are compensated from the present $35.00 per sitting to $4200 annual. Unanimously approved. GAMBLING LEGISLATION AAter due consideration of the draft of the Gambling Legislation to be introduced for Allegany County, the comments submitted in writing by the Washington County Club Association and a recommendation from Ron Stansbury, local tavern owner, that the County seriously consider the legalized gambling proposal, a MOTION was made by Commissioner Roulette, seconded by Salvatore and unanimously approved to postpone further consideration of the matter until the Director of Finance and County Admin- istrator compile an estimate of the income to be realized from varying increments of taxation and from license fees that would be collected. RECAP OF SANITARY COMMISSION FUNDING REQUIREMENTS Sanitary Commission officials, along with e ounty's Director of Finance returned to the Meeting to submit a recap of funding requirements for Commission projects. Mr. Young stated that there is an urgent need for $171,000 so the contractor on the sludge dewatering project can be notified to proceed, and an immediate need for $400,000 in settlement of the Highfield litigation. He explained that the $400,000 should be reimbursed to the County from the Farmers Home Administration Loan within a year. MOTION made by Commissioner Snook, seconded by Downey to advance $171,000 to the Sanitary Commission in the form of a grant, appropriated from the General Fund bala for the Sludge Dewatering Project at the Halfway Treatment Plant, as a contribution towards the system's expansion to accommodate growth in the area. MOTION made by Commissioner Salvatore, seconded by Roulette to Table a vote on the question until the Afternoon Session, this date. Motion carried with Commissioners Bowers, Downey, Roulette and Salvatore voting "AYE" and Commissioner Snook voting "NO". LOAN TO SANITARY COMMISSION - HIGHFIELD DOCUMENTS Motion made by Commissionei Roulette, secondedTy Salvatore to lend the Sanitary Commission $6,729 for the cost of the preparation of documents in connection with assuming ownership of the Highfield Water System, with said loan to be repaid when 01 epprov d _ the system becomes revenue ptvtiuCiirg. U... ...i.•••-..-_i __ -_ RECESS The Meeting was recessed at 12:15 p.m. for. lunch. AFTERNOON SESSION The Afternoon Session was convened at 2:00 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey and Salvatore present. GRANT SECOND PERSONAL DAY TO COUNTY EMPLOYEES Motion made by Commissioner Roulette, seconded by Salvatore to grant County Employees t. ..in'.. aiina a second Personal Day u DC take:: _ u .. rthd ' pt; ly; and to change the observance of Washington's Birthday to President's Day. Unanimously approved. LEGISLATION RE PROc;RAM OPEN SPACE Motion made by Commissioner Roulette, seconded by Salvatore to support the legislatioi mutually supported by the Maryland Association of Counties, the Maryland Association and County Parks & Recreation Administrators and the Maryland Association of Re.:- reation and Parks, which would permit more flexibility for the use of Program Open Space funds for development. Unanimously approved. I I 1 1 L. JANUARY 17, 1984 MINUTES, CONT'D. I I I El MINUTES OF MEETINGS FOR DECEMBER 1983 Motion made Fy Commissioner Downey, seconded by Roulette of the County Commissioners' Meetings for December 1983 approved. to approve of the Minutes as submitted. Unanimously �I CHANGE ORDER - AIRPORT MAINTENANCE BUILDING Motion made by Commissioner Salvatore, seconded by Downey to approve of a Change Order to the Airport Maintenance Building Contract for an additional $1660, for modifications to the concrete pad that accommodates the propane gas tank, said funds to be appropriated from Capital Contingency. Unanimously approved. PUBLIC HEARING - AGRICULTURAL PRESERVATION DISTRICT The President convened the Meeting in Public Hearing at 2:30 a.m. to consider the application of Suzanne E. Downey Hayes for the establishment of an Agricultural Preservation District on her farm located on the east side of Maryland 632, south of Hagerstown in Election District 20. Steve Goodrich, Associate Planner, explained that both the Agricultural Preservation Advisory Board and the Planning Commission recommended approval of the application. Mrs. Hayes stated that the establishment of the District on her property would make the farm more viable economically. There being no one else present to speak for nor against said Application, the President announced that the Record would be held open for one (1) week for comments to be submitted in writing. He closed the Hearing at 2:45 o.m. and reconvened the Meeting in Regular Session. At this time Commissioner Snook arrived at the Meeting CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Salvatore to convene in Executive Session at 2:45 p.m. in regard to personnel and potential litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Salvatore, seconded by Roulette to reconvene in Regular Session at 3:40 p.m. Unanimously approved. TERMINATE EMPLOYMENT OF DIRECTOR OF TOURISM Motion made by Commissioner Salvatore, seconded by Roulette, to terminate the employ- ment of Betty Bupp, Director of Tou-ism, effective at the end of the business day on January 18, 1984. Motion carried with Commissioner Bowers, Downey, Roulette, and Salvatore voting "AYE" and Commissioner Snook voting "NO". TAKE MOTION FROM TABLE - GRANT TO SANITARY COMMISSION (Tabled during Morning Session, this date.) Motion made by Commissioner Salvatore, seconded by Roulette to Remove from the Table the Motion on the question to advance the Washington County Sanitary Commission $171,000 in the form of a grant for the Sludge Dewatering Project at the Halfway Treatment Plant. Motion carried with Commissioners Bowers, Downey, Roulette, and Salvatore voting "AYE" and Commissioner Snook voting "NO". Whereupon the President called for the vote on the Original Motion. Motion failed with Commissioners Bowers, Roulette, and Salvatore voting "NO" and Commissioners Downey and Snook voting "AYE". LOAN TO SANITARY COMMISSION FOR SLUDGE DEWATERING PROJECT Motion made by Commissioner Roulette, seconded by Salvatore to advance the Sanitary Commiacinn C171 non t1+u fn+ -m of (.4 into... g+ 1- to he _ id _ - fire (5) year period from ready -to -serve fees, conditional upon the Sanitary Commission first attempting to borrow the money from a commercial lending institution with the County Government repaying the debt or the County lending the money to the Sanitary Commission. Unanimously approved. ADVANCE FUNDS TO PURCHASE RICHFIELD WATER SYSTEM Motion made by Commissioner Roulette, seconded by Salvatore to advance the Sanitary Commission $400,000 for settlement of purchase of the Highfield Water System, con- ditional upon the Sanitary Commission attempting to first borrow this amount from a commercial lending institution with the County repaying the debt, and with the full Amount of this advance to he rFnaid from th' fAdnrAl Grants/loans that will ha received for this project. Unanimously approved. SUMMER EMPLOYMENT PROGRAM II Motion made by Commissioner. Roulette, seconded by Salvatore to employ 50 persons on a temporary basis in the 1984 Summer Employment Program. Unanimously approved. Il r JANUARY 17, 1984 MINUTES, CONT'D. ADJOURNMENT Motion made by Commissioner Salvatore, seconded by Downey to adjourn at 4:30 p.m. Unanimously approved. Coun Attor ey 7' January 24, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, and John R. Salvatore. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Reverend Hayden Sparks, St. Matthew's United Me Church, followed by the Pledge of Allegance to the Flag by the full Assemblage. REQUEST FOR CHILD SUPPORT ADMINISTRATOR - STATE'S ATTORNEY Kenneth Long, State's Attorney, appeared before the Commissioners to inform them that since the District Court is no longer involved with child support business, it is the responsibility of his office to see that child support matters are resolved in the Circuit Court. He requested approval of an additional position, Child Support Administrator, to facilitate the handling of these cases in a timely manner. He also said that this position could probably be put under the current contract with the Department of Human Resources whereby the County would only have to assume 30% of the obligation,, and which in time would be compensated for by the increased incentives that will be received from increased child support collections. By further way of explanation, Mr. Long said that there are unexpended funds in the State's Attorney's current budget to fund the position through June 30, 1984, if it cannot be, included under the contract with the Department of Human Resources until the next fiscal year. MOTION made by Commissioner Salvatore, seconded by Roulette to approve of the addition of a Child Support Administrator under the current State's Attorney's Budget with said position to be Classified Grade 9 and with the provision that the vacant secretarial position in the budget is not filled within the current fiscal year. Unanimously approved. REAPPOINTMENT TO BOARD OF PARKS & RECREATION Motion made by Commissioner Roulette, seconded to serve as a member of the Parks & Recreation 1987. Unanimously approved. by Salvatore to reappoint David Emniertl Board for a term expiring in February APPROVE AGRICULTURE PRESERVATION DISTRICT - AD -83-3 After due consideration of all the matters and facts adduced at the Public Hearing held on January 17, 1984, and having received no additional comments in writing since that date, a MOTION was made by Commissioner Roulette, seconded by Salvatore and duly approved with Commissioners Bowers, Roulette and Salvatore voting "AYE" and Commissioner Downey "ABSTAINING" to approve of the application of Suzanne E. Downey Hayes for the Hayes farm located on the east side cf Maryland 632 in Election uistrict. 20 (Downs�.iile) L -u Le designated as an Agricultural Prcccrvatinn District. SUPPORT REQUEST FOR REIMBURSEMENT FOR LOSSES -_FIRE & RESCUE ASSOCIATION Motion made by Commissioner Roulette, seconded by Downey to send er to the Secretary of the Department of Natural Resources in support of the Washington County Fire and Rescue Companies' requests to be reimbursed for their losses while battling the mountain fire at Annapolis Rock on South Mountain, and to send copies of this letter to the members of the Washington County Delegation requesting their support in this matter. Unanimously approved. LETTER TO QQ}( NQ$_.BFQtll �T I�Si.11DMLiLSTRATIVE CHANGES REEF M� HUI2SF.NIE�YT�.-T(LFIBE__& RESCUE COMPANIES galirA+,nrP to send a letter to the !':V Ll:::: sic uC uy •_�....,. ..�_..... -_ Governor of Maryland requesting his support in affecting administrative changes in the Department of Natural ResOUr'Ce'3 Regulations regarding expenses incurred by fire and rescue companies when battling fires or. State-owned lands, whereby these losses can be recouped in a more realistic and timely manner. Unanimously approved. I fl JANUARY 24, 1984 MINUTES, CONT'D. I El I I I PAY EXPENSES OF TAX SALE PROPERTIES Motion made by Commissioner Downey, seconded by Roulette to authorize payment of a total of $787.40 for expenses relating to two (2) properties which were not sold at a public sale, and to appropriate said expenses from Operating Contingency. Unan- imously approved. RESOLUTION -- PROPERTY TAX CREDITS IN ENTERPRISE ZONE Motion ma a by Commissioner Roulette, seconded y Salvatore to adopt a Resolution to provide for tax credits against certain commercial or industrial properties within the Enterprise Zone in Washington County, pursuant to the authority contained in Article 81, Section 9C of the Annotated Code of Maryland. Unanimously approved. REVIEW FINANCIAL DATA - FIRST HALF OF FY 1983/84 Jim , Director of Finance, appeared before the Commissioners for a review of financial data for the first half of Fiscal Year 1983/84. Comparisons were made on the revenues and expenditures of all funds during the same period in FY 1983/84, and revealed that 53.7% of estimated revenues had been collected and 43% of the budget had been expended. Mr. Young also submitted comments on the budgets where expenditures exceeded 51% of the total budget. In answer to the Commissioners inquiries, Mr. Young stated that the County's financial status can be better assessed after income tax revenues are distributed next month. PLANNING COMMISSION WORK SCHEDULE Jack Hawbaker, Executive D rector of the Planning Commission, along with Catherine Thompson, Senior Planner, appeared before the Commissioners to present the Planning Department's Work Schedule, as approved by the Planning Commission. Mr. Hawbaker explained that most of the projects involved implementation of the Comprehensive Plan and studies mandated by State law. The Program included agricultural land and town growth area studies which are currently underway along with solid waste, water and sewerage and industrial analysis to be started in the near future. Also submitted was an analysis of the status of park projects. Mr. Hawbaker also said that, with the promulgation of new state regulations, updating of the Solid Waste Plan will be a major task. PROCLAMATION - VOCATIONAL EDUCATION DAY Motion made by Commissioner Roulette, seconded by Downey to Proclaim February 11, 1984, as Vocational Education Day in Washington County and commend this observ€nce to all citizens in recognition that economic progress and social well-being depend to a great extent upon the education and training for paid or unpaid work. Unanimously approved. RECESS The Meeting was recessed at 11:45 a.m. for a luncheon at Brooklane Psychiatric Center. AFTERNOON SESSION The Afternoon Session was convened at 2:30 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore, and Snook present. ACCEPT SURETY FOR ROAD MAINTENANCE - HIGHLAND VIEW ESTATES Motion made by Commissioner Downey, seconded by Roulette to accept a check in the amount of $6,000 as surety for maintenance of Hartle Road in the Highland View Estates Subdivision, until such time as a one-year mai.ntenance bond i.s received, and to accept said roadway into the County Roads System subject to the correction of items in the deed of conveyance as identified by the County Attorney. Unanimously �a :ppr.,...... DETENTION CENTER STAFFING Sheriff Glenn Bowman, along with Lieutenant Wayne McAllister, appeared before the Commissioners to request an additional 20 correctional officers and 7 support staff members prior to the opening of the new Detention Center. They explained that becau of the facility's design, training requirements, new policies and procedures, and mandatory correctional requirements, their analysis indicated the need for the staf- fing requested. They estimated the cost of the additional positions, including fringe benefits, at $450,000. The Commissioners took the request under advisement at this time. CHANGE ORDER - DETENTION CENTER CONTRACT Motion made by Commissioner Roulette, seconded by Salvatore to approve of a Change Order to the Detention Center Contract for the installation of. two (2) windows in the Duty Officer's office at an additional cost of $1,708.5].. Unanimously approved. MINUTES OF M1:ETINGS, FOR JANUARY 3 AND 1.0, 1984 Motion mane by L'ammissroncr Downey, seconded by Salvatore to approve of the Minutes of the County Conuniss{oners' Meetings for January 3 and 10, 1984, as suhmitted. Unanimously approved. JANUARY 24, 1984 MINUTES, CONT'D. PROPOSED LEGISLATION RE GAMBLING TAX After a 1engthy discussion of estimated gambling revenues in the County, it was the consensus of the Commissioners opinion to request the Washington County Delegation to sponsor legislation that would allow the County to license distributors of paper gambling paraphernalia and levy a tax of from 5% to 10% on gambling profits of clubs and non-profit organizations holding a liquor license. PROGRAM GREEN THUMB APPLICATION Motion made by Commissioner Downey, seconded by Roulette to authorize the County Housing Authority and the Department of Parks & Recreation to submit applications to the Commission on Aging for two (2) people to be employed under Program Green Thumb. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Salvatore to convene in Executive Session at 5:00 p.m. in regard to potential litigation and personnel matters, pur- suant to the authority contained in Article 76(A), Section ll(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND ADJOURN Motion made by Commissioner Roulette, seconded by Salvatore to reconvene in Regular Session at 5:30 p.m. and Adjourn. Unanimously approved. Coun Atto e Clerk January 31, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Elder Carl Seek, Seventh Day Adventist Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. REQUEST TO CHANGE NAME OF GALILEE ROAD The County Administrator introduced a recommendation that the two sections of Galilee Road in the Clear Spring Area be renamed Galilee Roads #1 and #2, and also a letter from the Clear Spring Fire Company in opposition to these designations, with the recommendation that one or both of these roads be renamed. The Commis- sioners requested the County Administrator to contact road residents for their input ESTABLISH BUDGETARY COSTS FOR FUEL OIL, GASOLINE AND DIESEL FUEL The Commissioners established a cost of $1.05 for fuel oil and $.95 for gasoline and diesel fuels as costs to be used in the development of the FY 1985 Budget Requests. ENDORSE OUTDOOR PROGRAM GRANT APPLICATION Motion made by Commissioner Roulette, seconded by Snook co endocna tic at.pliction to the Juvenile Services Administration for a grant for the Outdoor Program for youth, and to refer this endorsement to the Children's Council for comments on the specifics of the program. Unanimously approved. CLOSING OUT SALE - AL'S LOAN OFFICE Motion made by Commissioner Roulette, seconded by Downey to approve of the applica- tion of Joe Y. Einbinder, T/A Al's Loan Office, 106 North Jonathan Street, Elagersto Maryland to conduct a Closing Out Sale commencing February 1, 1984, and continuing for a period of 2 to 3 weeks. Unanimously approved. nnn0\M *im _. TOMS PO5O RPTIN:F Motion made by Commissioner Downey, seconded by Roulette to approve of the Option Agreement for the Toms Road Bridge Project with William E. Dougherty for conveyance to the County of 4,344 square feet in Fee Simple Deed and 56 square feet in Revert- ible Easement at no fee, with compensation of $300.00 for farm fencing to he removed during construction. Unanimously approved. ACQUISITION OF PARK LAND - TOWN OF WILLIAMSPORT At the request of Williamsport Town Officials, a MOTION was mach by Commissioner Roulette, seconded by Snook and unanimously passed, t:o amend Program Oven Space H u ii El JANUARY 24, 1984 MINUTES, CONT'D AF fRf„v��}d€R9n�t18ord March 2 1984 at 3:00 P. M. y / and iiesolu�ionsfor Washington - ounty &ftiee of Clerk of the Circuit court for wash. (So, 919 I Liber 3 Keceived for tie-kecording npril 5, 1984 at 11:00 A . M. Acts, Ordinances and Kesolutions for 'rshington "ounty Office of Clerk of the Circuit -ourt for Wash. 'o. Luber 3 RESOL.UrION NO. Resolution evised �/2o7p/84-�to cor ect typographical error Page 4, III (a) . 1r RESOLUrICN ADOPTING P1 DPERTY Tax CREDrrs PURSUANT TO ARTICLE 81 *NVrri REVENUE AND TAXES, OF THE ANNOTATED CODE OF THE PUBLIC C alERAL LAWS OF MARYLArm Nt1EIEAS, Article 81 Revere a and Taxes, S9C. Property Tax Credits, authorizes and mowers the governing body of certain maiicipalitiee and counties located in the State of Maryland, and in particular in Washington county, Maryland, to provide, by Ordinance or Resolution, for tax credits against local property taxes for inpmven is to existing property or for now construction; and WlmAS, The applicable provisions of Article 81 referred to herein are incorporated and made a part herw�of by reference; WE AS, The Board of County Cammissioners of Washington County, Maryland, is a body politic and corporate of the State of Maryland eructing under and by virtue of the Laws of the State of Maryland, and said County is located geographically within the State of Maryland; and by virtue thereof, Washington County falls within the purview of Article 81 of the Annotated Code of Maryland; WHEREAS, The Board of County Camttcsioners of Washington County, Maryland is the duly o nstituted legislative and governing body of Washington County, Maryland, by virtue of the provisions of the Cade of public Loco? Laws of Washington County, Maryland, and the General Laws of WE EAS, The said Board of County Ctmnission rs of Washington County, Maryland, as the said duly constituted legislative urd governing body of Washington Coxunty1 Maryland, has detannlned that it is for the bast t , �d 920 933 interest of the County and the citizenry in general to provide for certain tax credits in accvxdance with Article 81, in order to stimtlate local development aDd growth with enphasis on reinvestment by providing certain local tax incentive credits to those persons, funs, and corporations involved in remvaticn of existing properties and new construction; tl<7W, TLEOPE, Pursuant to the provisions contained in the aforementioned Article 81 and the General Pavers of the Board of County C<ntaiasioners of Washington County, Maryland, it is hereby RE9 VED By the Board of County CYstmissioners of Washington County, Maryland, that certain tax credits against County property taxes for inprovenents to existing property or new oonstxvction shall be granted under the following terms, provisions and conditions: I. EST 3LLSAffNT OF TAX CB )ITS. The Board of County Oamtissianers of Washington colony, Maryland, does hereby declare that certain tax credits against local Property taxes for in rovements to existing property or for new construction shall be granted to certain persons, firms and/or corporations that may qualify under the provisions hereof. The local governing body, to -wit, the Board of County Qve,issioners of Washington County, Maryland, shall be responsible for administering this program. The tax credits referred to herein are applicable, and are to be based upon a percentage of the cost of any rents to existing property or of any new ounstruction and not upon the increase in assessed valuation. II. CINDITICNS FOR QUALIF'YIlVC FOR THE CRLT)IT. (a) moral Uonditions All persons, firms, corporations, or legal entities of whatsoever nature or kind who own cczmwrcial. or industrial property within the geographical confines of the enterprise zone in Washington County, Maryland, shall be considered eligible for the tax credits provided for -2- 934 921 herein in accordance with the provisions set forth. In order to qualify for such tax credits, said persons, firms, corporations, or legal entities must engage in renovating and making inprovenents to existing property owned by than or engage in new construction of property owned by then. The improve- ments or new construction mast be for the use and benefit of the applicant property owner (s) in order to qualify for such tax credits. in order to qualify for the tax credits referred to herein, any project involving improve eats must exceed Five Thousand ($5,000.00) Dollars in costs in order to be eligible. In order for new construction to be eligible for the tax credits referred to herein, the inprvvanents shall be in excess of Five 'thousand ($5,000.00) Dollars of the cost. Improvements to existing property or any new construction for which building permits were issued prior to July 1, 1983 shall not be eligible. (b) Application Procedures (1) Filing applications shall be mode by the owners) of property with the Board of county Coamissioners of Washington County, Matylani, after the completion of the construction of the inprcivenents to the property in question or upon carpletion of the new construction in question. For the purposes of this section, oardaletion date of the inprcve ent or on new construction shall be determined as of the date that a Use and Occupancy Permit is issued, if applicable. In instances _ _ icy � wi iccnot i ea iswi nr sr �J�a w.:, w.c.-,.E.;,..,........ .r� r-Frnnred. the construction or onepletion date, of either inproveients or new construction, shall be the date of the final inspection and approval by the Building Inspector. (2) Tine for Filing All applications for tax credits allowable under. -3- 922 935 this solution shall be filed with the County Administrator by May 1 of any calendar year for which this 1Zesolution is effective in order to acquire eligibility on behalf of the applicant tar a tax credit for the ensuing tax year which will commence on July 1 of the same calendar yea.-. (3) Form of Application The form of application shall contain the names of the actual owners of the properties in question; and where applicable, the parties in interest and any other basic infoanation that may be determined or required as necessary for the permit in accordance with administrative procedures that nay be promulgated from time to time. Verification of the cost of any improvements or new construction must be furnished by the applicant at the time of application. III. AM u r OF THE ci rr. ¶L a following schedu_1e for tax credits shall be utilized and followed by the Tax Collector upon determination of eligibility therefor: (a) Isprovements to E ist;rq Property The credit shall be One Hundred (100%) Per Cent of t tax t t would be applicable based on the cost of construction for the period hereinafter set forth. (b) New Construction The credit shall be Fifty (50%) Per Cent of the tax that world be applicable based on the cost of construction for the period here- inafter set forth. IV. UMTIO OF CREDIT. (a) Iirp vr nts to E5cisting Pro2ez A qualified applicant shall receive the tax credits referred to herein for a period of three (3) taxable years. For purposes of this credit, taxable years --hall. be defined as the tax year as defined by the State of Maryland and the Board of County Cotmussi-users of Washington County, Maryland. 936 923 (b) New Construction A qualified applicant shall receive the tax credits referred to herein for a period of five (5) taxable years. For purposes of this credit, taxable years shall be defined as the tax year as defined by the State of Maryland and the Board of County Ccxanissicr rs of Washington County, Maryland. V. APPLICABILrI? OF TAX CREDIT RESOWrICN. This Resolution shall be effect'.ve from the date of its passage up to and including the 14th day of December , 19 87 Applications for eligibility under this Resolution mast be filed prior to that date. VI. PROC FWRES FOR APPEAL. In the event that any applicant is rejected by the County Adaunistrator and determined to be ineligible for the tax credit provided for in this Resolution, said applicant nay appeal the decision as follows: (a) A notice in writing must be filed with the County Administrator within (10) days from the receipt of the rejection of the application or order of disqualification. Thereafter, a review conference will be held by the County Administrator and one other person designated by the Board of County Cmmissioners of Washington County, Maryland. In the event that the application is again rejected, then ti" applicant may take an appeal to the Board of County Ccnmissioners of Washington County, Maryland therefrom. Notice of said appeal must be given to the County Administrator and a oopy filed with the County Clerk within five (5) days of the receipt of the notice of the rejection or disqualifica- tion. Thereafter, the Board of County Commissioners of Washington County, Maryland shall review the apnlication at a public hearing no later than thirty (30) days after receipt of the filing of the notice. In the event that an applicant is dissatisfied with the -5- 924 937 decision of the Board of County Commissioners of washinaton runty, Maryland, said applicant may take an appeal in accordance with the applicable provisions of the Maryland Law and lades of Practice and Procedure. VII. SE'VERABIILITY. If any Section, Sub -Section, sentence, clause, phrase or portion of this Resolution be for any reason held invalid or uncoostitur ticral by any Court of competent jurisdiction, such portion shall be denned to be severable and shall not affect the validity of the gaining portions of this Resolution. VIII. LPNEXUS. The tax credits provided for herein shall be considered in addition to and not in derogation of or in lieu of any other tax credits or benefits that the applicant may be entitled to fran any other taxing authority or authority with the power to assess, including but not limited to the United States, the State of Maryland, the County of Washington, and the City of Hagerstown. Adopted this 4 day of 4444a47, l98v A'T7� 6T}�AyS1O SWIG URE MD-WKVRA 'h?.AL: � r , r•L11VGJ�� s f• v i • •i ,.Y Y -•r -6- • L• - szs -' 938 vatore �ry L. APPROM for legal sufficiency: DeIVJAK. , JY twtty Attorrysy -7- I1 JANUARY 31, 1984 MINUTES, CONT'D I I f I I Acquisition to include a 1+ acre parcel adjacent to the Springfield Middle School in Williamsport to be used in conjunction with two (2) acres of school property by the Senior Division Baseball League, and to proceed with having two (2) appraisals made of the subject property. IMPROVEMENTS TO BISHOPS LANE - SMITHSBURG Motion made by Commissioner Roulette, seconded by Snook to approve of an expenditure in the amount of up to $3,000 for improving and overlaying Bishops Lane adjacent to Blue Mountain Estates in Smithsburg, after which time the roadway will be turned over to the town for maintenance. Unanimously approved. LEGISLATION REQUESTED_ BY COUNTY TREASURER Motion made by Commissioner Downey, seconded by Roulette to approve of the suggested changes to certain sections of the Code of Public Laws for Washington County, as recommended by the Attorney for the County Treasurer in his letter iiatdd January 23, 1984. Unanimously approved. SUNSET LEGISLATION ON SINGLE FAMILY MORTGAGE REVENUE BONDS Motion made by Commissioner Roulette, seconded by Downey to concur with the recom- mendation of the Director of Housing and Community Development to urge our Congres- sional Representatives to repeal the provision in the law that halted the issuance of Mortgage Revenue Bonds by local and state governments as of December 31, 1983. Unanimously approved. At this time Commissioner John R. Salvatore arrived at the Meeting. RECOMMENDATION FOR COUNTY DATA PROCESSING SERVICES_ Benny Tyson, Data Processing Manager/Programmer, along with Kenneth Sunday, Marketing Representative of Sperry Corporation, appeared before the Commissioners to submit recommendations for County Data Processing Services which would provide a cost effective means of improving service to the County's departments. The report included the following: 1. Current System Status. 2. Survey Summary. 3. Application Implementation. 4. Sperry's proposal, and 5. Conclusions and Recommendation. Applications requested by Departments were prioritized and associated costs were estimated. Implementation was recommended in three (3) phases with the additicnal cost for implementing Phase I estimated at an additional monthly charge of $587, plus a one-time charge of $14,813 for equipment. Mr. Sunday explained that the proposed change to the System 80 Model 8 uses the same operation as the current system, with all Application Programs being compatible, and, therefore, no interruption of service would be caused due to conversion. The Commissioners took the report under advise- ment at this time. MINUTES OF COUNTY COMMISSIONERS MEETINGS FOR JANUARY 17 AND 24, 1984 Motion made by Commissioner Snook, seconded by Roulette to approve of the Minutes of the County Commissioners Meetings for January 17 and 24, 1984, as submitted. Unanimously approved. CHANGE ORDER TO SHELL BUILDING CONTRACT_ Motion made by Commissioner Salvatore, seconded by Downey to approve payment of $1,110.00 as payment in full for Change Order #2 to the Shell Building Contract. Unanimously approved. TOURISM INFORMATION CENTER STAFFING Motion made by Commissioner Roulette, seconded by Salvatore to approve of advancing one of the part-time Tourism Information Center staff persons to full-time status, in concurrence with the request. of Supervisor of the Center, effective May 1, 1984. Unanimously approved. SUPPORT GRANT APPLICATION FOR SEWAGE DISPOSAL SYSTEMS Motion made by Commissioner. Roulette, seconded by Salvatore to send letters to the appropriate agencies, with copies to the Washington County Delegation, in support of the Washington County Health Department's application for a State Grant to fund innovative and alternative sewage disposal systems, in view of the fact that these funds will be received and administered by the local Health Department. Unanimously approved. RECESS The Meeting was recessed at 12:00 noon for lunch at St. Mary'a School and a visit to i.h.. r.i„rnlnahiro Gr-hnnl international Fair. I AFTERNOON SESSION The Afternoon Session was convened at 2:30 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. JANUARY 31, 1984 MINUTES, CONT'D CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Downey, seconded at 2:30 p.m. in regard to personnel matters contained in Article 76(A) Section 11(a) (6 Unanimously approved. by Snook to convene in Executive Session and litigation, pursuant to the authority & 7) of the Annotated Code of Maryland. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Snook to reconvene in Regular Session at 4:10 p.m. Unanimously approved. RECESS The Meeting was recessed at 4:10 p.m. for dinner. EVENING SESSION The Evening Session was convened at 7:00 p.m. at City Hall for a joint Meeting with the Mayor and Council of the City of Hagerstown, with the following elected officials present: President Ronald L. Bowers, Vice President Richard E. Roulette and Commis- sioners R. Lee Downey, John R. Salvatore and Martin L. Snook; Mayor Donald R. Frush and Councilmen Ronald Coss, William King, Robert Schleigh, and Steve Spaulding. PROPOSED DITTO FARMS GOLF COURSE Councilman Spaulding presented recommended procedures for establishing a City -owned golf course on the Ditto Farms property that included the determination of cost to implementing construction. The ensuing general discussion addressed the primary issue of financing the project, including the sale of the City -owned land on which the present golf course is located, and the type of agreement to be entered into by both governments regarding ownership/lease of the proposed golf course. It was deter- mined that no action would be taken until bidding documents were completed and cost estimates obtained. METROPOLITAN (TRANSPORTATION) PLANNING ORGANIZATION Rick Kautz, City Planning Director, introduced information regarding new federal regulations affecting the scope and composition of a Metropolitan Planning Organiza- tion. He suggested that steps be taken to finalize the Organization in Washington County from the County Commissioners acting as the Interim Authority to an expanded organization that would include municipal representation. It was decided that the matter would be referred to the Municipal League for recommendations. CITY WATER SERVICE TO COUNTY RESIDENTS William Breichner, City Administrator, explained the method by which water rates are established for county residents and the reasons why the city cannot extend its service on a speculative basis. He said that the county rate is 1½ times the city rate, and that this amount was determined by the city's investment in county service. He also stated that the Public Service Commission evaluation affirmed this rate structure. Mr. Breichner introduced a former proposal for working out a financing plan as a mechanism for expansion of the city's system to serve county residents at a more equal rate. In response to the Commissioners' inquiries, he said that the City is working with the Sanitary Commission on the Martin's Crossroads Water Project. ADJOURNMENT The Meeting was adjourned at 9:05 p.m. Co Atto ney �,I/ Clerk February 6, 1984 Hagerstown, Maryland 21740 REZONING PUBLIC HEARING - RZ-276_ A joint uM c H a-rng was -Yield by the Planning Commission and the Board of County Commissioners of Washington County at 7:00 p.m. in the County Office Building Con- ference Room to consider Rezoning Case -276. Present were President Ronald L. Bowers, ., _._� .,_-_�-z __t —., ., ra ♦,.. n.-,... .. ,,.r .,.R Mar4-in T. \'1C& �+0S1Q8nL lit L:333iu L' . svuir;, :_� ••� '� " Snook; Planning Commission ChairmanyWilliam Wolford and Members Jack Byers, Thomas Dwyer and Donald Zombro. Fred Papaapplicant, gave testimony in support of amending Section ll.la of the Zoning Ordinance to include printing, blue printing, photocopy- ing and similar reproduction services. Jack Hawbaker, Executive Director of the Planning Commission presented items of concern thatshculd be considered before a I I I I I I FEBRUARY 6, 1984 � MINUTES, CONT'D recommendation from the Planning Commission or a decision by the Board of County Com- I missioners is made. There being no member from the public desiring to speak for nor against said proposed amendment, Commissioner Bowers announced that the Record would remain open for ten (10) days for comments to be submitted in writing and closed the Hearing at 7:25 p.m. County Attor y Clerk February 7, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Reverend John Schildt, Bethel United Methodist Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. CONFIRM APPOINTMENT TO HISTORICAL ADVISORY COMMITTEE Motion made by Commissioner Downey, seconded by Roulette to confirm the appointment of Catherine Thompson as the Planning Commission's representative on the Washington County Historical Advisory Committee, to fill the vacancy created by the resignation of Jim Witherspoon. Unanimously approved. PROPOSED GOLF COURSE BIDDING PROCEDURES The Commissioners agreed that it was intended for the City of Hagerstown to proceed with the bidding process for construction of the Ditto Farms Golf Course, at such time as the bid documents are completed by the consultant. REVENUE SHARING TRANSFERS Motion made by Commissioner Roulette, seconded by Salvatore to approve of the transfer of Revenue Sharing Funds to cover the following expenditures for the period October 1 December 31, 1983: Highway Fund - $191,164.78, General Fund - $71,139.28, C.I.P. - $81,617.19. Unanimously approved. At this time Commissioner Salvatore was excused from the Meeting. COMMIT FUNDS TO BOARD OF EDUCATION FOR MATERIALS OF INSTRUCTION Motion made by Commissioner Downey, seconded by Snook to commit the level of funding for materials of instruction in the FY 1984 Board of Education Budget, for. the Fiscal Year 1985 Budget, in the amount of $580,237.00. Unanimously approved. POINT SALEM ROAD WATER FEASIBILITY STUDY Motion made by Commissioner Roulette, seconded by Snook to advance $2,000 to the Sanitary Commission for a feasibility study and public hearing on providing water service to the Point Salem Road area, with said funds to be reimbursed to the County at such time as a Subdistrict is established and becomes revenue producing. Unani- mously approved. REVIEW DATA PROCESSING PROPOSAL Benny Tyson, Supervisor/Programmer of the Data Processing Department, along with Jim Young, Director of Finance, appeared before the Commissioners to review the pro- posal presented at last week's meeting regarding the County's Data Processing Services Mr. Tyson strongly recommended converting from the current system status to the pro- posed Sperry System 80, explaining that there would be no interruption of service nor additional cost: for maintaining two systems during conversion. The Commissioners asked Mr. Young to prepare cost comparisons of purchasing versus leasing the proposed new equipment prior to rendering a decision. There was also a concersus of opinion that a committee would be established to study the County's data processing needs and make recommendations on the order of priority to be assigned in fulfilling these needs IVOTEREGIST1ATiON BOCfiH Ai nr.ru,xn unrAR`jr ihNT R Motion made by Commissioner Roulette, seconded by Women Voters locating a voter registration booth Department. Unanimously approved. Snook to approve of the League of at the Washington County Health At this time Commissioner Salvatore returned to the Meeting. FEBRUARY 7, 1984 MINUTES, CONT'D PRESENTATION OF UNITED WAY AWARD Jesse Kagle, Executive Director of United Way, Inc., along with Ray Hahne, past Cam- paign Chairman, appeared before the Commissioners to inform them of the United Way's very successful campaign in exceeding its goal of $881,774 and to preseT.t them with an award on behalf of all the people of Washington County for their support and assistance. The award was accepted gratefully by Commissioner Bowers on behalf of all the Commissioners. BID OPENING - DETENTION CENTER TELEPHONE SERVICE Bids to provide telephone service for the new Detention Center were publicly opened and read aloud. Companies participating in the bidding and their proposals were as follows: AMERICAN BELL - A. LEASE CONTRACT - 2 year, $34,800 - 3 year, $36,900;8. PURCHASE AGREEMENT - 1. Lump Sum w/2 year maint. - $29,000, 3 yr. tele/maintenance. ext. opt., $4,345; C. LEASE W/OPTION TO BUY - la. 2 yr. lease w/maint. (mo.) $1,250, lb. Total cost after 24 months - $30,000, 3 yr.. tele/maint. ext. opt. - $4,345. EXECUTONE - LEASE CONTRACT - 2 year, no bid - 3 year, no bid; B. PURCHASE AGREEMENT - 1. Lump Sum w/2 yr. maint. - $29,895, 3 yr. tele/maintenance ext. opt., $4,320; C. LEASE W/OPTION TO BUY - la. 2 yr. lease w/maint. (mo.), $1,412.24, lb. Total cost after 24 months - $33,893.76, 3 yr. tele/maint. ext. opt. - $4,320. GLESSNER COM- MUNICATIONS - A. LEASE CONTRACT - 2 year, $29,377.92 - 3 year, $17,626.68;B. PURCHASE AGREEMENT - 1. Lump Sum w/2 yr. maint. - $30,968, 3 yr. tele/maintenance ext. opt, $4,733; C. LEASE W/OPTION TO BUY - la. 2 yr. lease w/maint. (mo.) - $1,486.46, lb. Total cost after 24 months - $35,675.14, 3 yr. tele/maint. est. opt. - $4,733. The bids will be reviewed by appropriate officials prior to a decision being rendered. DETENTION CENTER STATUS REPORT George Bushey and Brent Feight, Architects for the new Detention Center, appeared before the Commissioners to present a status report on the project. They stated that the work is 88% completed and that March 28th still appears to be a realistic completion date. They also reported that site work and paving depends upon the weather but will not delay moving in and that the security hardware manufacturer has given assurance that these materials will not delay the job. In response to some concerns expressed by the Commissioners, Mr. Bushey advised that maintenance training should begin as soon as possible because of the complexity of the mechanical systems and assured them that the project would carry a one-year warranty after it is turned over to the County. STUDENT TOUR At this time Commissioner Bowers acknowledged and welcomed the presence of a group of North Hagerstown High School Students who were touring the Court House along with their teacher, Jack Wiahl. ADVERTISE FOR BIDS FOR JAIL/HOUSE DEMOLITION Motion made by Commissioner Snook, seconded by Roulette to proceed with advertising for bids for demolition of the old Jail and Jail House, after the Historical Society determines the artifacts of historical significance that should be preserved. Motion carried with Commissioners Bowers, Roulette, Salvatore and Snook voting "AYE" and Commissioner Downey voting "NO" to demolition of the Jail House. WELL WATER POTABILITY TESTING The Commissioners concurred with the policies and procedures agreed upon by the Health Department and the Department of Permits and Inspections concerning well water potability testing in Washington County. RECREATION COMMISSION FUNDING The Commissioners confirmed their intention to allocate former Playground Association and Community Recreation Program funds towards the operational costs of the Recreatia Commission. PUBLIC HEARING RE ANIMAL CONTROL ORDINANCE The Commissioners decided to schedule a Public Hearing as soon as possible on the final draft of the new Animal Control Ordinance. YMCA VIDEO MACHINE LICENSING AND PERMIT FEES Motion made by Commissioner Roulette, seconded by Salvatore t.o require the YMCA to obtain a license and permits for its coin -operated video games, with the feea being refunded to the YMCA and used for youth memberships. Unanimously approved. CONvr.J7• TN EXECUTIVE SESSION Motion made by Co!.miissioner Roulette, seconded by Downey to convene in Executive Sossion at 12:30 p.m. in regard to personnel matters and litigation, pursuant to the authority contained in Article 76(A), Section 11(x)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. Li I Ll i FEBRUARY 7, 1984 MINUTES, CONT'D I I I LI I (RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Salvatore to reconvene in Regular Session at 3:15 p.m. Unanimously approved. NEW POSITIONS FOR THE SHERIFFS DEPARTMENT Motion made by Commissioner Roulette, seconded by Salvatore to approve of one clerk - typist position, one maintenance man position, and four deputy positions for the Sheriffs Department, to complete the required starting to open the new Detention Center. Unanimously approved. EMPLOY PART-TIME BUS ATTENDANT Motion made by Commissioner Salvatore, seconded by Downey to employ Franklin Eugene Kimble in the position of part-time bus attendant for the County Commuter System, in concurrence with the recommendation of the Manager. Unanimously approved. RESOLUTION RE SANITARY COMMISSION BORROWING Motion made by Commissioner Salvatore, seconded by Roulette to adopt a Resolution to agree that the Washington County Sanitary District, acting by and through the Washington County Sanitary Commission shall apply to the Hagerstown Trust Company to borrow from time to time various sums, not to exceed Nine Hundred Thousand ($900,000) Dollars, to be used to defray the expense of upgrading and modifying the pumping station and sewerage treatment facilities in Subdistrict No. 1 - Halfway service area; said Resolution further setting forth provisions for repayment of said loan and certain other matters pertaining to this obligation. Unanimously approved. (Copy of Resolution attached.)(Resolution amended 2/28/84 and replaces original attachment.) PAYMENT OF INVOICE FROM SMITHSBURG HOUSING CONTRACTOR Motion made by Commissioner Snook, seconded by Roulette to approve payment of the November invoice from Callas Contractors for the Blue Mountain Estates Housing Project in Sinithsburg in the amount of $62,337.97, with this amount to be reimbursed from Federal funds. Unanimously approved. BOARD OF EDUCATION - LEGISLATION/LANCAPITAL IMPROVEMENTS Dr. Claud Kitchens, Superintendent of schools, along with Wayne Stouffer, Finance Manager, Ralph Giffin, Maintenance Engineer, and members of the School Board met with the Commissioners to discuss various Board of Education matters. Dr. Kitchens reported that the projection for Washington County from the Civiletti legislation would be an additional $1.7 million dollars; that the property sold to the City for use as a golf course would revert back to the Board at such time as it is no longer needed for a golf course and that there are no current plans by the Board for use of this land; there is no asbestos in the student occupied areas of local schools. Ralph Giffin and Wayne Stouffer submitted a list of capital projects needed to be completed over the next three years at an estimated cost of between $4 and $5 million dollars. They said that over $3 million is needed for a roof repair/replacement program at nine county schools. The school officials expressed support of a bond issue to finance the capital projects. The County Commissioners took the matter under advisement at this time. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Downey to adjourn at 5:50 p.m. Unanimously approved. curty Att rney - /1 AA —„e._. �jisarJ Clerk February 14, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 8:40 A.M. by the President Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey rn +...ti.« SI!Ivnto'e. CONVENE IN EXECUTIVE SESSION Motion was made by Commissioner. Salvatore, seconded by Downey to convene in Executive Session at 8:40 A.M. in regard to litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7)of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGi1LAR SESSION 'lotion made by Commissioner Salvatore, seconded by Roulette to reconvene in Regular Session at 9:30 A.M. Unanimously approved. FEBRUARY 14, 1984 MINUTES, CONT'D INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Downey, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION - AMVETS VIAL OF LIFE PROGRAM Motion made by Commissioner Salvatore, seconded by Roulette to Proclaim the month of February 1984 as AMVETS VIAL OF LIFE MONTH in Washington County, and urge all citi- zens to support this observance in recognition of the importance of this program. Commissioner Bowers read the Proclamation and presented it to local AMVETS Officials. Unanimously approved. DETENTION CENTER CHANGE ORDER Motion made by Commissioner Roulette, seconded by Downey to approve of a Change Order to the Detention Center Construction Contract for relocation of the sprinkler system in C and D cell -pods at an additional cost of $537.60 and additional work on the elevator in the machine room at a cost of $392.40. Unanimously approved. IMPROVEMENTS TO COFFMAN HOME PARKING LOT Motion made by Commissioner Roulette, seconded by Salvatore to lend the assistance of the County Engineer and the Roads Department Superintendent with the design and grading of the Coffman Home parking lot expansion project. Unanimously approved. ROADWAY IMPROVEMENTS - HARVEST ACRES SUBDIVISION Motion made by Commissioner Roulette, seconded by Downey to approve of upgrading 6000 linear feet of roadway in the Harvest Acres Subdivision to County specifications, providing the residents pay one-half the costs up front, and to include the County's share of the project cost in the FY 1985 Capital Improvements Program. Unanimously approved. EXCUSE TAXES - LARSON, MCCLUNG-LOGAN Motion made by Commissioner Downey, seconded by Salvatore to excuse the personal property taxes of Bill Larson, T/A the Geisha for FY 1990 in the amount of $298.08 and for FY 1981 in the amount of $570.24, and of McClung -Long Leasing Company for FY's 1977 and 1980 in the total amount of $2,655, in concurrence with the opinion of the County Treasurer that these taxes are uncollectable. Unanimously approved. INFORMATION RE BOND ISSUANCE COSTS Jim Young, Director of Finance, appeared before the Commissioners to submit inform- ation on the projected costs for issuing bonds in amounts of $2, $3, $4 and $5 millior dollars, to present a recap of the expenses for the Sanitary Commission's Maugans- ville/Orchard Hills Bond Issue and to report on the County's current debt service requirements. The information was taken under advisement at this time. At this time Commissioner Martin L. Snook arrived at the Meeting. PROPOSAL FOR USE OF FORMER KEEDYSVILLE SCHOOL Officials of the Southeastern Washington County Health & Community Services Corpo- ration appeared before the Commissioners to submit a proposal for converting the former Keedysville School for use as a community center and to request the Commis- sioners to convey the property to the Corporation. Joseph Hannah, Vice President, and Jill Fuhrmary Keedysville School Committee Chairman, explained that the proposed use would include a health care facility, an elderly -senior citizens center and a day care center, along with other community oriented activities. They also said that the project would be financed by Corporation funds, possible State grants and rental income, and that no funding assistance was being requested from the County. Me. Fuhrman submitted a petition to the Commissioners signed by Keedysville area . a&idcnt� in support of the above request. MOTION made by Commissioner Roulette, seconded by Salvatore to approve of conveying the former Keedysville School to the Southeastern Washington County Health and Community Services Corporation, at no consideration, and to proceed with advertising the County's intention to convey this property with reverter clauses in the event it is no longer used for community purposes. Unanimously approved. REVISED PROPOSAL FOR WATER RESOURCES STUDY Jack Hawbaker, Executive Director of the Planning Commission, along with Catherine Thompson, Senior Planner, appeared before the Commissioners to review the revised proposal for a water resources study of Washington County. Mr. Hawbaker explained that thA revininn outlined a level of water sampling which should provide a data base to identify problem areas. He said i.t also would increese the local share U the cost from $35,000 per year to $42,000 per year for a three-year period. Jim Rooney. Health Department Sanitarian, said that there is a definite need to update water related data bases since the last report was published by the Maryland Geo- logical Survey in 1962. The Commissioners instructed the Planning Department Offi- cials to include the local costs of the study in the Planning Department's FY 1985 budget request for their consideration during budget review. Ii I I I I I LI FEBRUARY 7, 1984 , MINUTES, CONT'D Received for Record: March 8, 1984 at 3:30 p.m. Aots, Ordinances end Resolutions for Washington County Liber No. Offloe of the Cle'k of the Circuit Court for Washington County 926 -� KAVLO.. POOL. AI TU. [ MN�Z � T UW .....,Q........... AMENDED RESOLUTION RESOLVED, That the Board of Washington County Commissioners do agree that the Washington County Sanitary District, acting by and through the Washington County Sanitary Commission shall apply to the Hagerstown Trust Company to borrow from time to time various sums, not to exceed Nine Hundred Thousand ($900,000.00) Dollars in aggregate outstanding at any one time, to be used to defray the expense of upgrading and modifying the pumping station and sewerage treatment facilities in Subdistrict No. 1 - Halfway service area. A copy of the commitment from the Hagerstown Trust Company is attached and considered to be a part of this Resolution. RESOLVED, That the following projects are included in this upgrading and modification program: Estimated Local Share 1 - Sludge Dewatering $171,000.00 2 - Flow Equalization $178,262.00 3 - Wright Road Pumping Station $371,068.00 4 - Process Flow Modification $154,400.00 5 - Contingency $ 25,270.00 $900,000.00 RESOLVED, That 100% of Item #1 ($171,000.00) and Item #2 ($178,262.00) and 50% of Item 3 ($185,534.00) be authorized for immediate funding (Total $534,796.00). The remainder of Item 3 ($185,534.00) and all of Item 4 ($154,400.00) and 5 ($25,270.00) are not to be funded without prior written approval of the Board of County Commissioners. RESOLVED, That the Board of Washington County Commissioners will provide the necessary funds to the Sanitary District to enable regularly scheduled payments to the lending institution in accordance with the loan agreement. Payments to include interest and principal. RESOLVED, That the interest and principal on these loans will be paid and borne by the County Commissioners with the District obligated to reimburse all the principal and interest amount of the loans with payments to be made primarily from the collection of the anticipated Reedy -to -Serve Fees that will be levied, after the effective date of this resolution, on new connections as they are made to the system when the current moratorium is lifted or additional allocation is released by the State Health Department; said interest and principal on these loans shall be also payable from User Fees in the event that such fees exceed what is reasonably necessary to pay maintenance and operational costs for the system. The District shall make monthly payments of all such Fees collected and payable to the County Commissioners. Additionally, that any concession on the collection of Ready - to -Serve Fees to new connections that may be agreed upon by the County & District, .his amount will be credited to the loan balance owed by the Distri< that total payment of these loans be made within a 10 -year period. APPROVED OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, This day of/r 1984. Ronald L. wars Richard E. Roulette ATT1 S athryn F. hort, Clerk to Beard of County Commissioners of Washington County John , Salo !lartiti: L. Snook z _ 927 January 25, 1984 ti 301984 WASU2N Z.1 C3. SANITARY DIST. Washington County Sanitary District 33 W. Washington Street Hagerstown, Maryland 21740 Gentlemen: The Board of Directors of Hagerstown Trust Company has approved your request for the following loans subject to the listed terms and conditions: Loan One Amount $400,000.00 Project Highfield Water Company Rate 55Z of Hagerstown Trust Company's prime lending rate at time of advance (Hagerstown Trust Company prime presently 11.5% per annum) payable quarterly. This rate wi1.1 float. The rate is based on this loan being tax free. Term Maturity six (6) months from date of note. Guaranty Loan to be guaranteed by the Washington County Commissioners and backed by the full faith and credit of Washington County. .• Washington County Sanitary District • 92 Hagerstown, Maryland 21740 January 25, 1984 Loan Two Amount $900,000.00 Project Halfway Rate 65% of Hagerstown Trust Company's prime lending rate at time of advance and to float. The rate is based on this loan being tax free. Term Loan to be amortized over a period of ten (10) years. Guaranty Loan to be guaranteed by the Washington County Commissioners and backed by the full faith and credit of Washington County. Your attorney will be expected to provide all of the documents necessary to the bank so we can close this loan. The rates of interest on these loans are as low as they are because of our account relationship with you. Without the relationship the percent of prime would be much higher. We trust the above terms meet with your approval. Sincerely, Philip L. Ibhrer Senior Vice President And Secretary PLR: cj e a X916 p. e(eceived for Record Feb. 14, 1984 at 3:05 1. N. Acts, Oruinancea and ateaolutions for w,.shin6ton "ounty'Liber 3 Office of Clerk of Circuit Wurt fur washinbton -ounty RLUTION RESOLVED, That the Board of Washington County Ccmmissio ers do agree that the Washington County Sanitary District, acting by and through the Washington County Sanitary Commission shall apply to the Hagerstown Trust Company to borrow from tine to time various sumo, not to exceed Nine Hundred Thousand ($900,000.00) Dollars in aggregate outstanding at any one time, to be used to defray the expense of upgrading and modifying the pumping station and sewerage treatment facilities in Subdistrict No. 1 - Halfway service area. A copy of the conmit ent from the Hagerstown Trust Company is attached and considered to be a part of this Resolution. RESOLVED, That the following projects are included in this upgrading and modification program: Estimated local Share 1 - Sludge tewatering $171,000.00 2 - Flow Equalization $178,262.00 3 - Wright Raad Pimping Station $371,068.00 4 - Process Flow Mortification $154,400.00 5 - Contingency $ 25,270.00 $900,000.00 RESOLVED, That 100% of Item #1 ($171,000.00) and Item #2 ($178,262.00) and 50% of Item 3 ($185,534.00) be authorized for incnediate funding (Total $534,796.00). The remainder of Item 3 ($185,534.00) and all of Item 4 ($154,400.00) and 5 ($25,270.00) are not to be funded without prior written approval of the Board of County Commissioners. RESOLVED, That the Board of Washington County Commissioners will provide the necessary funds to the Sanitary District to enable regularly scheduled payments to the lending institution in accordance with the loan agree ent. Payments to include interest and principal. RESOLVED, That the interest and principal on these loans will be paid and borne by the County Cxsmnissioners with the District obligated to reimburse all the principal and interest amount of the loans with payments to be made primarily from the collection of the anticipated Ready -to --Serve Fees that will be levied on new connections as they are made to the system when the current moratorium is lifted or additional allocation is released by the State Health Department; said interest and principal on these loans shall be also payable from User. Fees. The District shall make monthly payments of all such Fees collected to t.`ue County Oammissioners. Addition- ally, that any concession on the collection of Ready -to -Serve Fees to new connections that may be agreed upon by the County & District, this anount will be credited to the loan balance owed by the District; that total pay- ment of these loans be made within a 10 -year period. APPRGRIED BygM D OF OOUNTy a ,"ISSICNFRS OF WASHINGTt7N COUnTPY, This day of — ' 1984. Board of County Commissioners of Washing ton County • ._, . _ 917 January 25, 1984 LR Ui „t v ,934 WASHINr tv co. SANITARY DIST. Washington County Sanitary District 33 W. Washington Street Hagerstown, Maryland 21740 Gentlemen: The Board of Directors of Hagerstown Trust Company has approved your request for the following loans subject to the listed terms and conditions: Loan One Amount $400,000.00 Project Highfield Water Company Rate 55% of Hagerstown Trust Company's prima lending rate at time of advance (Hagerstown Trust Company prime presently 11.54 per annum) payable quarterly. This rate will float. The rate is based on this loan being tax free. Term Maturity six (6) months from date of note. Guaranty Loan to be guaranteed by the Washington County Commissioners and backed by the full faith and credit of Washington County. •• 918 -2- Washington County Sanitary District Hagerstown, Maryland 21740 January 25, 1984 Loan Two Amount $900,000.00 Project Halfway Rate 65% of Hagerstown Trust Company's prime lending rate at time of advance and to float.. The rate is based on this loan being tax free. Term Loan to be amortized over a period of ten (10) years. Guaranty Loan to be guaranteed by the Washington County Commissioners and backed by the full faith and credit of Washington County. Your attorney will be expected to provide all of the documents necessary to the bank so we can close this loan. The rates of interest on these loans are as low as they are because of our account relationship with you. Without the relationship the percent of prime would be much higher. We trust the above terms meet with your approval. Sinc'rely, Philip L. Rohrer Senior Vice President And Secretary PLR:cje e •' F:' w FEBRUARY 14, 1984 MINUTES, CONT'D BIDS FOR DETENTION CENTER TELEPHONE SERVICE Mormon made Comm sa oner Downey, seconded by Salvatore to accept the recommendatir of the architect/project manager for the new Detention Center and award the contract for Telephone Service to American Bell who submitted the low option bid of $30,000 for a two-year lease with option to buy with an additional three-year maintenance 1 contract of $4,345. MOTION made by Commissioner Salvatore, seconded by Roulette to TABLE the vote on the aforegoing Motion until additional information is obtained. Unanimously approved. DATA PROCESSING SERVICES STUDY COMMITTEE Jim Young and Benny Tyson appeared before the Commissioners to inform them that a Committee comprised of Mr. Tyson, Al Martin, Wayne Stouffer, William Waters and Barry Teach had been established to study the computer software needs of the County and to report back to the Commissioners by March 15th. Mr. Young also said that a report would be submitted next week on the proposed expanded computer system which would indicate costs and time involved in bidding the new system as compared to accepting Univac's offer. EMPLOYEE ASSISTANCE PROGRAM Motion made by Commissioner Salvatore, seconded by Roulette to adopt the Employee Assistance Program as recommended by the Personnel Director and presented by the County Administrator, this date, with the key function of. EAP being to serve as a bridge between the troubled employee and public and private resources. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Comm ssloner Roulette, seconded by Downey to convene in Executive Session at 11:10 a.m. in regard to litigation and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND RECESS Motion made by Commissioner Snook, seconded by Roulette to reconvene in Regular Session at 12:20 P.M. and recess for lunch. Unanimously approved. AFTERNOON SESSION The Afternoon Session was convened at 1:30 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Snook to convene in Executive Session at 1:30 p.m. to conduct interviews for the position of Director of Tourism pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND ADJOURN Motion made by Commissioner Downey, seconded by Roulette to reconvene in Regular Session at 4:45 p.m. and Adjourn. Unanimously approved. Co Atto ey , Clerk February 21, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore, and Martin L. Snook. INVOCATION AND PLEDGE OF ALLr;GIAilCE 1 The Invocation was delivered by Commissioner Salvatore, followed by the Pledge of Allegiance to the Flag by the full Assemblage. ADDITIONAL FUNDS - DEPARTMENT OF PERMITS 6 INSPECTIONS Motion made by Commissioner Downey, seconded by Salvatore to allocate an additional $1,000 to the Deps+-tment of Permits & Inspections to have reproducable milars r.ades of the Zoning Maps, with this amount to be appropriated from Operating Contingency. Unanimously approved. FEBRUARY 21, 1984 MINUTES, CONT'D SUPPORT OPPOSITION TO SENATE BILL 797 Mot on made by Commissioner Roulette. seconded by Salvatore to support Sheriff Bowman's opposition to passage of Senate Bill 797, which would provide for District Court security being furnished by the Sheriff's Department. Unanimously approved. At this time Commissioner Salvatore was excused from the Meeting. FINANCIAL REPORT m oung, rector of Finance, appeared before the Commissioners to present an update on estimated revenues for FY 83/84. He said that the last income tax distribution was $313,000 less than anticipated and that this would result in a total income tax shortage of $1,090,498, assuming the present growth rate of 2.9% will be maintained. Mr. Young said that an overall shortfall in revenues was estimated at $790,000. He also submitted some suggested Capital Projects that could be deferred to another year, and cuts in budget appropriations that could be made in order to balance the current budget. After due consideration of the financial report presented by Mr. Young, a MOTION was made by Commissioner Roulette, seconded by Snook and unanimously passed to immediately initiate a hiring freeze on all positions currently vacant or which become vacant between the present date and July 1, 1984, subject to further consider- ation by this Board. The Commissioners further agreed to defer the following Capital Projects: Doub Road - $30,000, Bower Road - $80,000, Court House & Annex Window Repair - $70,000, Memorial Fecreation Center General Repair - $6,000, Valley Road Bridge - $100,000, Creek Road - $50,000. With the above deferrals, appropriating Mt. Aetna Bridge costs from Capital Contingency, savings of $12,200 already realized in the Company 28/Air Unit Budget and reducing General Fund appropriations by $405,000 which included an estimated savings of $164,377 in the Contribution Budget, a total of $787,000 in budget reductions were made. REVIEW DETENTION CENTER TELEPHONE SERVICE BID Brent Fe gi ht, Architect/Project Manager for the new Detention Center, along with A.T.& T. Officials Fred Bish and Joe Weaver, appeared before the Commissioners to review the apparent low bid submitted by A.T.& T. to provide telephone service. Mr. Feight explained that specifications for the service had been designed by A.T.& T. consultants, but that the other companies had indicated they had no problems with the specs. Mr. Bish said that the cost for maintenance in A.T.& T.'s bid would not change during the five (5) year period if the extended the three-year contract fee was paid up -front. The Commissioners took the information under advisement at this time. (Bid award made during the Afternoon Session, this date.) SEEK BOND ISSUE AUTHORITY Motion made by Commissioner Downey, seconded by Roulette to request the Washington County Delegation to the General Assembly to sponsor legislation which would give Washington County the authority to issue bonds in the amount of $3.5 million for Beard of Education Capital Projects, and in the amount of $1 million for County Government water, sewer, roads and building projects. Unanimously approved. RECESS The Meeting was recessed at 11:45 a.m. for lunch at the Reeder Nursing Home, a tour of the refurbished former Social Services Building, and inspection of th,a former Wilson School Property at Conococheague. AFTERNOON SESSION The Afternoon Session was convened at 3:40 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore, and Snook present. AWARD BID FOR DETENTION CENTER TELEPHONE SERVICE Motion made by Commissioner Salvatore, seconded by Downey to award the contract for telephone service for the new Detention Center to A.T. & T. who submitted the low bid tor a 24 month lease w/option to buy, inci iiny maintenanceat a cost of $30,000, and an additional three-year maintenance contract for $4.345, with the additional three-year contract fee to be paid in advance. Unanimously approved. APPOINT DIRECTOR OF TOURISM Flo -E.. ma�Ie by Commissioner Roulette, seconded by Salvatore to appoint Robert O'Connor to the position of Director of Tourism for Washington County, Grade 10, Step A, starting salary of $18,216. Unanimously approved. ADJOURNMENT FCo on ma ae by Commissioner Snook, seconded by Roulette to adjourn at 3:55 p.m. unariu:� k,yiuv. County torney I I I Clerk 4 February 28, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 8:30 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette, and Commissioners R. Lee Downey John R. Salvatore, and Martin L. Snook. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 8:30 a.m. in regard to litigation, pursuant to the authority contained in Article 76(.A), Section il(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. At this time Commissioner Snook was excused from the Meeting. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Salvatore to reconvene in Regular Session at 9:20 a.m. Unanimously approved. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full Assemblage. ANNOUNCEMENT RE GREENLAWN CEMETERY COMPANY Commissioner Bowers announced that the Board had decided not to seek a court in- junction against the Greenlawn Cemetery Company since the decision of the Board of Zoning Appeals had been appealed to the Circuit Court, and until a Court decision is rendered, the County Zoning Administrator would handle this matter in accordance with his authority under the Zoning Ordinance. Mr. Bowers also announced that Attorney William Schildt would represent the County in the Circuit Court litigation. PROCLAMATION- WOMEN'S HISTORY WEEK if Motion made by Commissioner Roulette, seconded by Downey to Proclaim the week of March 5 - 1.1, 1984, as Women's History Week in Washington County, to coincide with like celebrations for the State of Maryland and the United States, and include March 8th as International Women's Day. Unanimously approved. Commissioner Bowers read the Proclamation and presented it to Libby Earley who represented Washington County Women's Network. At this time Commissioner Snook returned to the Meeting. REQUEST FOR FUNDING CONSIDERATION - MARYLAND SYMPHONY ORCHESTRA Robert Kenney, member of the Board of Directors of the Maryland Symphony, along with Mrs. Joel Rosenthal, President of the Symphony Guild, appeared before the Commis- sioners to request their consideration of financial support and personal endorsement of the orchestra. They said that the organization currently has a variety of com- munity programs, and future projects that would be appropriate for County funding include concerts in the schools and a public "pops" concert. They also said that the symphony would play in the City Park for the Maryland 350th celebration. It was suggested that a $5,000 allocation could help underwrite some of these projects. The Commissioners commended the efforts of the organization and took the matter under advisement at this time. DATA PROCESSING SERVICES Benny Tyson, Data Processing Supervisor, along with Jim Young, Director of Finance, appeared before the Commissioners to inform them that the proposal from Sperry Univac to upgrade the County's Data Processor was a firm proposal only through February ?9th. an, to inquire if 4-hinrnnnaa1 wn,alri hP ,r•rpntc.A nr if A new svgt Pan would be advertised for bids. Mr. Tyson stated that the proposal to upgrade the system was a result of the Commissioners request for a survey of the County's needs and that the cost would be less than a $600 monthly increase. Ken Sunday, Univac representative, said that it would cost $180,000 to cancel the current lease and pointed out that the processor could be upgraded by exercising an option under the current contract. The Commissioners took the matter under advisement at this time. CIVILETTI COMMISSION RESOLUTION Marie Byers, President of the Board of Education, and Claude Sasse, President of the i Washington County Teachers' Association, appeared before the Commissioners to inform them of 4 -ha rnnrnrfad nnaifinn faknn h•,r fhair rnanarfinanrnanivnt:nnn in rnnnr,i to II Civiletti Commission Recommendation 3-A and to request the Commissioners support of 11 their position. They said that the additional state aid to education to be generated) by this legislation for Washinqtcn County would be $8.3 million by the fifth year of the Cirilett.i 3-A Plan, and would help close the qep in educational equality in the State. MOTION made by Conuniesioner Salvatore, seconded by Roulette to adopt a Resolution of endorsement of the Civiletti Commission Recommendation, and urge the Governor 4 FEBRUARY 28, 1984 MINUTES, CONT'D of Maryland and the State Legislature to enact legislation to effect said recommen- dation. Unanimously approved. At this time Commissioner Bowers and Salvatore were excused from the Meeting and Commissioner Roulette assumed the Chair. BID OPENING - ROOFING AT COURT HOUSE AND WELFARE BUILDING Bids for roofing restoration at t e Welfare Building g and Court House Annex were publicly opened and read aloud. Firms participating in the bidding and their pro- posals were as follows: Bonded Applicators - Welfare Center - $16,596, Court House Annex - $24,915, both projects - $40,520; Floyd R. Kline, Inc. - Welfare Center - $17,080, Court House Annex - $24,824, both projects - $41,904; Kline Associated Roof ing Contractors, Inc. - Welfare Center - $11,900, Court House Annex - $19,885.70, both projects - $31,000. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - TRAFFIC PAINT AND BEADS Bids for traffic paint and beads for the Roads Department were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Servistar (Waynesboro Builders Supply) - 1500 gallons yellow paint @ $4.31 per gallon, 00 gallons white pant @ $4.19 per gallon. No bid on beads; Flex-O-Lite - 800, 50 lb. bags of beads @ $0.21232 per lb. No bid on paint; Cherokee Sa?etMarkings, Inc. - 1500 gallons yellow paint @ $3.685 per gallon, 800 gallons of white paint @ $3.588 per gallon. No bid on beads; Redland Prismo Corps - 1500 gallons yellow paint @ $4.20 per gallon, 800 gallons white paint 9 $4.88 per gallon. No bid on beads. Potters Industries, Inc. - 800 50 -lb. bags of beads @ $0.23268 per lb. The bids will be reviewed by appropriate officials prior to a decision being rendered. CONFIRM COMMISSION ON AGING APPOINTMENT Motion made by Commissioner Snook, seconded by Downey to confirm the appointment of David Rutherford to serve as a member of the Commission on Aging, to fill the vacancy created by the resignation of Rev. G. Bartow Harris. Unanimously approved. APPOINTMENT TO TOURISM ADVISORY COMMISSION Motion made by Commissioner Snook, seconded by Downey to appoint Paul Waggoner to serve as a member of the Tourism Advisory Commission to fill the vacancy created by the resignation of David Cottingham. Unanimously approved. At this time Commissioner Salvatore returned to the Meeting. EXCUSE TAXES - COLONIAL MUSIC SHOP, D & R TRUCKING, ALPHA X CORP., BLUE OX MARKETS Motion made by Commissioner Downey, seconded by Snook to excuse the following Per- sonal Property Taxes, based on the opinion of the County Treasurer that they are uncoliectable: Colonial Music Shop, Inc. - FY 1983 $186.09, FY 1984 - $229.21; D. & R. Trucking, Inc. - FY 1983 - $55.62, FY 1984 - $111.25; Alpha X Corp. - FY 1! $729.06, FY 1981 - $316.94; Blue Ox Markets, Inc. - FY 1982 - $2,459.11, FY 1981 - $1800.21, FY 1984 - $420.22. Unanimously approved. INCLUDE CASA PERSONNEL UNDER COUNTY HEALTH INSURANCE PLAN Motion made by Commissioner Salvatore, seconded by Downey to approve of including the six eligible employees of CASA under the County's Health Insurance Plan, subject to the employees paying the full cost and in accordance with Plan regulations. Unani- mously approved. GREEN THUMB EMPLOYEES UNDER COUNTY HEALTH INSURANCE PLAN Motion made by Commissioner Snook to include the Commission on Aging Green Thumb employees who work 20 or more hours a week, under the County Health Insurance Plan, subject. to the employees paying the full cost and in accordance with Plan regulations. Motion died for lack of a second. (It was decided that prior to further conaide ati.:. of the above Motion, the Personnel Director would compile an analysis of the impact on the County's Insurance Plan.) ACCEPT LOW PROPOSAL FOR CLEAR SI'RINGPARK MATERIALS Motion made by Commissioner Snook, seconded by Salvatore to accept the low proposal submitted by C. William Hetzer in the amount of $3.25 per cubic yard delivered for shale required to bring the Clear Spring Park up to grade, and to appropriate the estimated $11,200 needed for this material from Capital Contingency. Motion carried with Commissioners Snook, Salvatore and Downey voting "AYE" and Commissioner Roulette "ABSTAINING". IMPOSE WEIGHT LIMITS ON CREEKROAD Motion made by Commissioner Salvatore, seconded by Snook to impose a 40,000 lb. gross weight limit on Creek Road from the H.B. Mellott Quarry entrance to the Town limits of Hancock, effective immediately. Unanimously approved. I I I FEBRUARY 28, 1984 MINUTES, CONT'D a KAVLOa. POOL[ I� • WANT2 ATTOAN[1[ AT LI.W NAU[.-0— MAMVLAMP I Received for Record: March 23, 1984 at 11:00 a.m. ..p Acts, Ordinances and Resolutions for Washington County No. Office of the Clerk of the Circuit Court for Washington County RESOLUTION NO.�� WHEREAS, Article 25, Section 25 of the Annotated Code of f Maryland empowers the County Ommissioners of Washington County L tv:ai.1gate and enforce rules and regulations as to the nexim m size and weight of motor vehicles, trucks, tractors and trailers that may be operated or used on their respective County roads, said rules and regulations shall have a reasonable relationship to the construction, use and character of the road or roads concerned, and shall be designed to assure the continued safety and good condition of any such road or roads; and WHEREAS, The County 0annissiomra of Washington (amty have examined Creek Road near Ranoodc in Washington County, Maryland, in response to oxnQlaints of heavy truck use of the aforesaid Rose, which is a narrow, winding, b -lane, secondary road detnrm;ned by the Washington County Aids Department to be subject to emmssive truck traffic. NOW, ZSi RE, BE IT )LVED By the Board of Oaanty Caanissioners of Washington Ounty, Maryland, that a weight limit of forty thousand (40,000) pounds gross shall be immediately imposed upon all motor vehicles, trucks, tractors and trailers which are operated or used on Creek 1 ad from the area of the Route 40-A Overpass to the town Limits of Hancock, Washington Camty, Maryland. Adopted thisday of ,C 1984. BOARD OF COCNrY CCM` ISSICNF S OF W n SbHl IX -V LL UN17 , rYSeix1iiI D A=E ST AS TO SI64A'A M AND iMI §iA.L: r ' BY: R�tna L. Pr'egl t yid k7��ilrYin c ,�nC?r't:, O S w 930 R. Ise Downey SJ R.Salvatore Cq r' Martin L. , APPRCVM for legal sufficiency: County Attorney LE ..Tano� . wooww I� • WAHT2 IIA.[n.iawN. M�.rlAN6 V J a • 0 rn i FEBRUARY 28, 1984 MINUTES, CONT'D C Ii 1 FY 1985 CAPITAL IMPROVEMENTS BUDGET In response to an inquiry from the County Administrator, the Commissioners agreed to provide local funding in the FY 1985 Capital Improvements Budget at approximately the same level, i.e, $2.2 million, as the current year. AIRPORT ADVISORY BOARD LONG-RANGE PLANNING_ Motion made by Commissioner Salvatore, seconded by Snook to concur with the Airport Advisory Board's scope of responsibilities as related to long-range planning activi- ties with the assistance of a consultant to update the Master Plan, subject to budgetary consideration of the request for funds for planning in the Airport Capital Projects budget. Unanimously approved. AMENDMENTS TO RESOLUTION RE SANITARY COMMISSION BORROWING Motion made by Commissioner Snook, seconded by Downey to approve of the amendments to the Resolution regarding Sanitary Commission borrowing which was duly adopted on February 7, 1984, as considered and approved this date, with the provisions of said Resolution to be effective immediately. Unanimously approved. (Copy of amended Resolution attached to Minutes of February 7, 1984.) EXTEND MARTINS CROSSROADS WATER PROJECT DESIGN TO FAIRVIEW ACRES Motion made by Commissioner Snook, seconded by Downey to approve of the extension of the Martins Crossroads Water Project Design contract to include Fairview Acres, at an additional cost of $800, providing the developer of Fairview Acres will reim- burse the County for this work at such time as a water system is constructed. Unanimously approved. PROCLAMATION - TALL CEDARS WEEK Motion made by Commissioner Salvatore, seconded by Snook to Proclaim the week of March 18 - 24, 1984 as Tall Cedars Week in Washington County, urging all citizens to join in this observance. Unanimously approved. PROCLAMATION - MISS WASHINGTON COUNTY SCHOLARSHIP PAGEANT DAY Motion made by Commissioner Downey, seconded by Salvatore to Proclaim Saturday, March 24, 1984, as Miss Washington County Scholarship Pageant Day in Washington County, and urge all citizens to lend their support to the Pageant in recognition of the education and training of our youth. Unanimously approved. RECESS The Meeting was recessed at 12:20 p.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at 1:30 p.m. with Vice President Roulette presid- ing and Commissioners Downey, Salvatore, and Snook present. PROPOSED CHANGES TO ON -SITE SEWAGE DISPOSAL ORDINANCES Taylor Oliver, speaking on behalf of the Washington County Homebuilders Association appeared before the Commissioners to propose that Section I.A.5, Administration of Regulations; Procedures and Standards, of the On -Site Sewage Disposal Ordinance be amended to read as follows: All on -site sewage disposal systems or any part thereof shall be constructed, installed, altered, extended, and repaired in accor- dance with the provisions of this Ordinance EXCEPT ON THOSE SITES WHICH ARE LOCATED IN AN APPROVED SUBDIVISION OR ARE LOTS OF RECORD PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE. Terry Bache, local developer, stated that, under the present pro- visions of the Ordinance, the Health Department would not be able to approve septic systems on lots already platted. Dr. John Neill, Health Officer, said that to accept this proposed amendment would wipe out enforcement of the Ordinance on these lots forever, and that there are currently 590 recorded lots not built upon. Jack Hawbaker, Executive Director of the Planning Commission, pointed out that it may be a point of law to make an Ordinance retroactive. The Commissioners agreed to give the matter full consideration and to render a decision on the Homebuilders recommendation at next week's meeting. MACO WORKMENS COMPENSATION SELF-INSURANCE POOL Patty Mulford, Maryland Association of Counties' representative, along with Alan Davis, Personnel Director, appeared before the Commissioners to discuss the benefits of pooling the subdivisions Workmen's Compensation Insurance. Ms. Mulford said that the program would start in July and that many of the smaller counties whose insurance rates had increased substantially would benefit by the pooling concept. She said that, in view of Washington County's good experience and low insurance rates, it may be beneficial to look at self-insurance as opposed to pooling. Mr. Davis suggested that MACO be sent a copy of the County's specifications when the Workmen's Compensation Insurance is bid next month. The Commissioners agreed to consider the MACO pooling proposal along with other bids. FEBRUARY 28, 1984 MINUTES, CONT'D REVIEW OF ACTUARIAL REPORT - RETIREMENT PLAN The Personnel Director, along with James Myron, Aetna Life Insurance Representative, appeared before the Commissioners to submit a report on the Actuarial Valuation of the County's Retirement Plan. The Report highlighted prior and changed assumptions, including the change to a diversified investment plan and using a 6% assumption for wage increases. Mr. Myron stated that the investments were currently earning between 10% and 12% interest. He also said that a minimum contribution of $254,193 or a maximum of $277,808 for FY 1984/85 would keep the Plan right on target. ADJOURNMENT Motion made by Commissioner Salvatore, seconded by Snook to adjourn at 3:10 p.m. Unanimously approved. 'f" Coun Attorney Clerk March 6, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore, and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE 'the Invocation was delivered by Reverend Daniel S. Eshleman, Valley Grace Brethren Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION - NATIONAL SURVEYORS' WEEK Motion made by Commissioner Salvatore, seconded by Snook to proclaim the week of March 11, 1984, as National Surveyors Week in Washington County and urge the people of the County to observe such week with appropriate ceremonies and activities paying tribute to professional surveyors and their contribution to society. Unanimously approved. Commissioner Bowers read the Proclamation and presented it to Urner Golden, Fellows, Read and Associates. INTERIM REPORT CHARGE - GEOHYDROLOGIC STUDY Jack Hawbaker, Executive Director of the Planning Department, appeared before the Commissioners to inform them that £.. E. Wright Associates, Washington County Geo- hydrologic Study Consultant, feels that they are entitled to a $5,000 fee for providing an Interim Report on the Study, in addition to the contract fee of $169,600. Be said that, although the consultant was not authorized to proceed until after the date when the interim report charge could be waivered, he did not feel that the County had been provided with an interim report and therefore questioned the validity of the additional fee. The Commissioners instructed the County Administrator to attempt to negotiate a compromise settlement of the additional cost. NEW EROSION AND SEDIMENT CONTROL REGULATIONS Glenn bu 1, County E--- ngineer, appeared before the Commissioners to request their support in opposing an amendment to the State Water Resources Administration Erosion and Sediment Control Regulations. He said that the amendment, which would require the for per1ry or permanent atnhi l i ze,t i nn of a rii gt,.rhv,i ar.within threw (1 nays upon completio,i of the grading, was not only very unrealistic but also virtually unenforceable. He said that, if this requirement is adopted, it would impose an unnecessary additional expense upon the developers and their contractors. MOTION made by Commissioner Roulette, seconded by Salvatore to endorse the position of the County Engineer regarding the above said proposed Regulation, and urge the Western Maryland Counties Association, the Maryland Association of Counties and the Washington County Delegation to the General Assembly to oppose this amendment to existing regulations. Unanimously approved. PROPOSALS FOR DATA PROCESSING UPGRADE Benny Tyson, Supervisor o tlFee-Data Processing Department, appeared before the Commissioners, along with Jim Young, Director of Finance, to present a recommendation to upgrade the current Sperry Computer System, as opposed to changing vendors. Messrs. Kenneth Sunday, Sperry representative, and Preston Bellows, IBM repreasnt:ative were also present. Mr. Tyson's recommendation included the following points: 1. No contract buyout with Sperry, 2. No conversion with Sperry, 3. No education cost with Sperry, and 4. Immediate development of applications. Mr. bellows submitted a report containing the key points of the IBM offerings that concluded that IBM offers a lower cost approach, has & more powerful system, has in easy conversion, and offers many more advantages in terms of ability to implement future applications more quickly than the recommended Sperry system. The Commissioners took the matter under advisement at this time. I I MARCH 6, 1984 MINUTES, CONT'D I I a ■ BID OPENING - TAX BILL FORMS Bids for printing the Fiscal Year 1984/85 were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Antietam Paper Company - County Bills - $42.88/M, City Bills - $35.88/H; Moore Business Forms - County Bills - $49.95/H, City Bills - $42.55/M; Arnold Corporation - $52.10/M, City Bills - $44.22/M. The bids will be reviewed by appropriate officials prior to a decision being rendered. MINUTES OF COUNTY COMMISSIONERS MEETINGS - FEBRUARY 1984 Motion made by Commissioner Downey, seconded by Roulette to approve of the Minutes of the County Commissioners' Meetings for February 1984, as corrected. Unanimously approved. FUNDS TO REPAIR MEMORIAL RECREATION CENTER POOL Motion made by Commissioner Downey, seconded by Roulette to accept the proposal from Hagerstown Pool Service in the amount of $2,285 to remove and replace sand filtration media at the memorial Recreation Center swimming pool and to appropriate the money for this project from unexpended funds in the North Street School Building Budget. Unanimously approved. PARTICIPATE IN IMPROVEMENTS TO BROWN ROAD Motion made by Commissioner Roulette, seconded by Snook to approve of upgrading a 350' to 400' extension of Brown Road to County specifications, providing the property owner pays one-half of the estimated cost of $4,000 in accordance with County policy. Unanimously approved. ENGINEERING DEPARTMENT CAPITAL PROJECTS Motion made by Commissioner Downey, seconded by Snook to authorize the expenditure of approximately $60,000 for the preparation of construction plans and documents for the C.I.P. Projects on which construction was deferred for the remainder of the current fiscal year, and to appropriate these funds from Capital Contingency, in con- currence with the County Engineer's recommendation dated February 27, 1984. Unani- mously approved. MANUFACTURERS TAX EXEMPTION - HAR-TRU CORP. Motion made by Commissioner Roulette, seconded by Salvatore to grant a County exemp- tion of inventory to Har-Tru Corporation'on the 1982/83 Personal Property Schedule, on the manufacturing of tennis net posts segment of their overall operation. Unanimously approved. CLARIFICATION OF ON -SITE SEWAGE DISPOSAL ORDINANCE Motion made by Commissioner Roulette, seconded by Snook to clarify the intent of Section I.A.5., Administration of Regulations; Procedures and Standards of the On -Site Sewage Disposal Ordinance by changing the wording to 'grandfather' in lots of record in approved subdivisions. Motion made by Commissioner Roulette, seconded by Snook to Table the vote on the aforegoing Motion until the Afternoon Session. Unanimously approved. JUVENILE DETENTION CENTER Motion made by Commissioner Salvatore, seconded by Roulette to permit the Juvenile Services Administration to continue using the Juvenile Holdover Center on the Detention Center site after the Detention Center is moved to its newly constructed facility, at no cost and with Juvenile Services providing full maintenance, staffing, transportation and food services. Unanimously approved. AGREE TO CONVEYANCE OF FORMER FAIRPLAY SCHOOL Motion made by Commissioner Salvatore, seconded by Snook to agree to the conveyance of the former r-airpiay School from the Diatrlct 12 x'Urican Club Gu i.i,e caixplay Fli:c Company providing an agreement can be reached within 90 days, and after that time to approve of the Ruritan Club selling the property at public sale. Unanimously approved. AWARD BIDS FOR TRAFFIC PAINT AND BEADS Motion made by Commissioner Salvatore, seconded by Roulette to award the bids for Traffic Paint and Beads to the following firms who submitted the low proposals: Cherokee Safety Markings, Inc. - Yellow Paint - $5,527.50, White Paint - $2,870.40; Flex-O-Lite Beads - $8,492.80. Unanimously approved. OURISM INFORMATION Motion made by Commissioner Salvatore, seconded by Fiou]ette to approve of the Agree- ment by and between the State Highway Administration, the Maryland Department of Economic and Community Development and Washington County with reference to operation of the information center in the west -hound lane of Interstate Route 70 at South Mountain. Unanimously approved. MARCH 6, 1984 MINUTES, CONT'D RECESS The Meeting was recessed at 12:10 p.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at 1:30 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. DEPARTMENT OF HEALTH AND MENTAL HYGIENE DRAFT REGULATIONS Jack Hawbaker, Executive Director of the Planning Department, along with Catherine Thompson, Senior Planner, appeared before the Commissioners to inform them that the draft regulations proposed by the Department of Health and Mental Hygiene would impose a tremendous burden on the County in regard to its solid waste planning. They said that they would be attending a public meeting on the proposed Regulations and wou advise the Commissioners on a position to be taken in the matter. The Commissioners asked that the Landfill Director be made aware of the draft regulations and express- ed their appreciation for the information. CLARIFICATION OF ON -SITE SEWAGE DISPOSAL ORDINANCE Motion made by Commissioner Roulette, seconded y Salvatore to Remove from the Table the Vote on Clarification of the intent of Section I.A.5., of the On -Site Sewage Disposal Ordinance. Unanimously approved. Motion made by Commissioner Roulette, seconded by Salvatore to amend the original Motion to change Section I.A.5 to read as follows: Any on -site sewage disposal system, or any part thereof, shall be constructed, installed, altered, extended, or repaired in accordance with the provisions set forth in this Ordinance. On -site sewage disposal permits may not be issued for those sites or systems submitted for approval after the effective date of this Ordinance which do not conform with the provisions set forth in this Ordinance, except on those sites which are located in an approved subdivision or are lots of record prior to the effective date of this Ordinance. Unanimously approved. Whereupon, the President called for the vote on the Original Motion, as amended. Motion unanimously approved. REAPPOINTMENTS TO TOURISM ADVISORY COMMISSION Motion made by Commissioner Salvatore, seconded by Snook to reappoint Mim Reisburg, Ron Stansbury and Doug Wright, Jr., to serve for three (3) year terms as members of the Washington County Tourism Advisory Commission, contingent upon their willingness to again serve in this capacity. Unanimously approved. CITY OF HAGERSTOWN ALERT TONE Motion made by Commissioner Roulette, seconded by Salvatore to approve of the use of an oscillating City alert tone in addition to the standard alert tone that will be used to alert County Fire and Rescue Companies, with the installation of the new Contra Corn II Console for Fire & Rescue Communications. Unanimously approved. ESTABLISH INTEREST RATE LIMIT FOR BOND LEGISLATION Motion made by Commissioner Salvatore, seconded by Downey to establish an interest rate limit of 11% on bonds to be issued by Washington County pursuant to the pro- posed legislation currently before the Washington County Delegation. Unanimously approved. RESOLUTION IN SUPPORT OF TRI-COUNTY COUNCIL Motion made by Commissioner Downey, seconded by Roulette to adopt a Resolution in support of the Tri-County Council for Western Maryland, Inc. in its efforts towards the economic development for Allegany, Garrett and Washington Counties. Unanimously approved. AWARD BID FOR ROOFING CONTRACTS Motion made by Commissioner. Downey, seconded by Roulette to award the contracts for the Welfare Center and Court House Annex roofing projects to Kline Associated Roofing Contractors, Inc., who submitted the total low bid for both projects of $31,000. Unanimously approved. CONVEY FORMER KEEDYSVILLE SCHOOL. PROPERTY_ Motion made by Commissioner Roulette, seconded by Snook to proceed with the convey- ance of the former Keedysville School property to the Southeastern Washington County Health and Community Services Corporation i.n accordance with the duly .-alhl4ahad Notice of InLei.Lion to convey, and subject to the approval of the Maryland Board of Public Works. Unanimously approved. I Tfl MARCH 6, 1984 MINUTES, CONT'D I I I PUBLIC HEARING - 1984 EDITION OF NATIONAL ELECTRICAL CODE The Meet ng was convened n Public Hearing at 2:45 p.m. to consider the adoption of the 1984 National Electrical Code into the Washington County Building Code. Carl Spessard, Jr. and David Raymer, members of the Board of Electrical Examiners and Supervisors, along with Leonard Miller, Electrical Inspector for Washington County, recommended adoption of the Code, as written. There being no one else present to speak for nor against its adoption, Commissioner Bowers announced that the Record would remain open for ten (10) days for comments to he submitted in writing. He closed the Hearing at 2:55 P.M. and reconvened the Meeting in Regular Session. REZONING CASE 276 After due consideration of all the matters and facts adduced at the Public Hearing held on February 6, 1984, a MOTION was made by Commissioner Roulette, seconded by Snook and unanimously adopted to approve of the application to amend Section No. 11.1(a) of the Zoning Ordinance to add the following principal permitted use: PRINTING, BLUE PRINTING, PHOTOCOPYING, AND SIMILAR REPRODUCTION SERVICES, and to adopt the Finds of Fact of the Planning Commission in this Case as the Findings of Fact of this Board. APPLICATION FOR ZONING ORDINANCE AMENDMENT Motion made by Commissioner Woulette, seconded by Salvatore to make application for an amendment to Section No. 11.1(a) of the Zoning Ordinance which would limit the size of printing establishments in Business, Local (BL) Districts to 20,000 sq. ft. Motion carried with Commissioners Roulette, Salvatore Bowers and Downey voting "AYE" and Commissioner Snook voting "NO". CONVENE IN EXECUTIVE SESSION Motion mad -By CommisToner Roulette, seconded by Salvatore to convene in Executive Session at 3:05 p.m. in regard to litigation, personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(6 & 7)(a) of the Annotated Code of Maryland. Unanimously approved. At this time Commissioner Downey was excused from the Meeting. RECONVENE IN REGULAR. SESSION Notion made by Commissioner Roulette, seconded by Snook to reconvene in Regular Session at 5:45 p.m. Unanimously approved. EXTENSION OF BUS DRIVERS SUSPENSION Motion made by Commissioner Roulette, seconded by Snook to extend the present suspension from duty of Robert Karns, County Commuter Bus Driver, until March 14, 1984. Unanimously approved. ADJOURNMENT Motion made by Commissioner Salvatore, Unanimously ap oved. u y At or ey seconded by Snook to adjourn at 550 p.m. March 12, 1984 Hagerstown, Maryland 21740 PUBLIC HEARING_- REZONINGCASES 273_, _274, 275, 277 & 278 A joint. Public Hearing was held in Court Room #1 by the Board of County Commissioners ana the Washington County Planning Commission to consider Rezoning Cases 273, 274,275 277, and 278. The Hearing was convened at 7:00 p.m. with Ronald L. Bowers, Presi- dent of the Board of County Commissioners, and William E. Wolford, Jr.., Chairman of the Planning Commission presiding. Also present were Richard E. Roulette, Vice - President of the Board of County Commissioners and Commissioners R. Lee Downey and John R. Salvatore, and Planning Commission members Michael Barnhart, Jack B. Byers, John C. Herbst and Donald L. Zombro. After hearing all testimony, it was announced that the Record would remain open for ten (10) days for additional comments to be submitted in writing. The Hearing was closed 10:15 p.m. .................. Cou tto ...__, Clerk March 13, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 930 a.m. by the President, Ronald L. Bowers with Vice President Richard E. Roulette and Commissioners R. Lee Downey and John R. Salvatore present. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Downey followed by the Pledge of Alle- giance to the Flag by the full Assemblage. REIMBURSE GAME PERMIT FEES TO BOYS CLUB Motion made by Commissioner Salvatore, seconded by Downey to reimburse the fees paid by the Boys Club for Video Game Permits, with the provision that the money is used for youth programs. Unanimously approved. ADDITIONAL DESIGN WORK - HIGHFIELD WATER SYSTEM Palmer Dawson, Executive Secretary/Treasurer of the Washington County Sanitary Distric along with Bob Johnson, Engineer, and Paul Waggoner, Chairman of the Sanitary Commis- sion, appeared before the Commissioners to submit a request for additional design work on the Highfield Water System to provide adequate fire protection at a fee of $21,160, a Pipeline Crossing Agreement between the District and Western Maryland Railway Company for a charge of $4,700, and certain administrative costs relating to the High - field project of $5,000. MOTION made by Commissioner Salvatore, seconded by Roulette to advance the above fund totaling $30,860 to the Sanitary District, with this amount to be repaid to the Count as soon as the committed funds from Farmers Home Administration are received. Unani- mously approved. REPORT ON HALFWAY SEWER TREATMENT PLANT PROJECT O ficials of the Sanitary District reported that the sludge-dewatering project was on-line at the Halfway Sewer Treatment Plant and notice of bid award had been given on the flow -equalization work. They said that the plant's capacity should be at 1.6 million gallons within a year. UPDATE COMPUTER SYSTEM Motion made by Commissioner Salvatore, seconded by Roulette to accept the recommenda- tion of Benny Tyson, Data Processing Supervisor/Programmer, and update the County's Sperry Computer System to a System 80, Model 8, in accordance with the proposal sub- mitted this date. MOTION made by Commissioner Salvatore, seconded by Roulette to TABLE the Vote on the aforegoing Motion until the Afternoon Session. Unanimously approved. POTOMAC VALLEY FIRE COMPANY LOAN Motion made by Commissioner Roulette, seconded by Salvatore to accept the recommenda- tion of the Fire & Rescue Loan Committee, and lend the Potomac Valley Fire Company $30,000 towards the purchase of a new brush truck. Unanimously approved. MAKE ARTIFACTS AVAILABLE TO HISTORICAL SOCIETY Motion made by Commissioner Downey, seconded by Roulette to make available to the Washington County Historical Society, certain artifacts of historical significance from the old Detention Center. Unanimously approved. Lu.ai cJNDING OF GYPSY MOTH PROGRAM Motion made by Commissioner Roulette, seconded by Downey to allocate local funds in the amount of $39,000 toward the State Department of Agriculture's gypsy moth sup- rressi..n nrogram in Washington County for fiscal year 1985. Unanimously approved. APPROPRIATE FUNDS FOR ROOFING PROJECTS Motion made by Commissioner Roulette, seconded by Salvatore to appropriate the addi- tional funds required for the Court (louse Annex and former Welfare Building roofing projects in the amount or $16,000 from Capital Contingency. Unanimously approved. AWARD BID FOR TAX BILL FORMS_ Motion made by Commissioner Downey, seconded by Salvatore to award the contract for printing the 1984/85 tax bill forms to Antietam Paper Company who submitted the low bids of $42.88/M for County Bills and $75.88/M for City bills. Unanimously approved. NAME FORMER WELFARE BUILDING Motion made by Commissioner Roulette, seconded by Salvatore to name the former Welfare Building the William J. Dwyer Memorial Center in memory of this former County Commissioner who had also served at one time as attorney to the Department of Social Services. Unanimously approved. ASSISTANCE TO INDUSTRIAL PROSPECTS The Commissioners agreed that Economic Devclopnicmt Officials would request_ the Planning Staff to get all appropriate agency representatives to initial meetings w.itf, industrial prospects, in order that al.l phases of the project- will he coordinated and expedited. I I I MARCH 13, 1984 MINUTES, CONT'D CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Salvatore to convene in Executive Session at 11:05 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Downey to reconvene in Regular Session at 12:25 p.m. Unanimously approved. TERMINATE EMPLOYMENT OF BUS DRIVER Motion made by Commissioner Salvatore, seconded by Downey to accept the recommenda- tion of the Manager of the County Commuter System and terminate the employment of Robert Carnes, bus driver. Motion carried with Commissioners Salvatore, Downey, and Bowers voting "AYE" and Commissioner Roulette voting "NO". PROMOTE INFORMATION CENTER EMPLOYEE Motion made by Commissioner Salvatore, seconded by Roulette to promote Lola Teeter, Tourist Information Center Specialist, from part-time to full-time status. Unani- mously approved. RECESS Tne Meeting was recessed at 12:25 p.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at 1:30 p.m. by President Bowers, with Vice Pres- ident Roulette and Commissioners Downey and Salvatore present. VOTE ON COMPUTER SYSTEM UPDATE The President called for the vote on the MOTION made during the Morning Session, whereby the County would exercise its option under the current contract, and update the Sperry Computer System to a System 80, model 8, in accordance with the recom- mendation of the Data Processing Supervisor/Programmer, this date. Motion unanimously adopted with Commissioner Bowers, Downey, Roulette, and Salvatore Voting "AYE". REQUEST TO ACQUIRE LAND THROUGH PROGRAM OPEN SPACE - CAMP BLUE STAR xen aeay, Executive uirector or EM�Natlonaie ospaceC8 ets, along with Jay Frantz, Chairman of the Cadets' Board of Directors, appeared before the Commissioner$ to request that the County's Open Space Program be amended to include the acquisitioi of 185 acres of land to be leased to them for the purpose of constructing Camp Blue Star. Mr. Beatty said that funds to develop the camp will come from federal, state, and private grants, but were dependent upon first acquiring the land. After discus- sion of the matter, the Commissioners suggested that 40 acres of the Ditto Farms Property may be available to lease to the Cadets and Mr. Beatty agreed to check into this offer to see if the property would be adequate. No further decisions were made at this time. PUBLIC HEARING - ANIMAL CONTROL ORDINANCE res ent Bowers convened the Meeting in Public Hearing in the Court House Confer- ence Room at 2:30 p.m. to consider the revised proposal for an Animal Control Ordinance. Testimony and comments were presented by Susan Nicholson, Pat Noland, Dorothy Leaman, Mrs. Westenhaver, Angie Harsh, Marsha Fuller, Bill Eisminger, Joyce Conklin and Dr. John Neill. Also submitted for the Record were written comments from Charles Strong, Jr., Attorney, and the County Attorney, David K. Poole. issues of concern that were addressed included the following: The authority of the Animal Matters Review Board, the prevention of trespassing or coaxing animals off of private res unsibilitiC: of andprovided to veterinarians, atAndArds property, [� u protection t.�... �...-.. regarding disposal of abandoned animals, kennel and pet shop licensing, confinement of animals, sale of dogs for experimental purposes, protection of public interest, enforcement procedures, definitions of vicious animals, adoption procedures, innoc- ulation regulations and records and reporting of the Animal Control Authority. } Dr. Neill explained that at such time as the Ordinance is adopted and the Animal Control Authority is designated, numerous policies and procedures will be established by which the Authority will be governed. Bill Eisminger, representing the Washington County Federation of Sportsmans Clubs, said that the Federation supports the anti- rabies vaccination program and would spend time and offer locations for the Health Department's clinics. Others in attendance also promised their support and assis- L.au ll wi. l.)iprogram.no iU ihcrt weir." one c -le nrnennt to AneAk for nor agai.nat said Ordinance, thePresident announced that the Record would be held open for ten (10) days for additionAl commvntm to he auhmitted in writing. He closed the Hearing at 5:25 p.m. and convened the Meeting in Regular Session. PROCLAMATTON - NATIONAL, tsUTLDTNC SAFETY WEEK Motion made by Commissioner Roulette, seconded by Downey to Proclaim the week of April 8 - 14, 1984, as National Building Safety Week in Washington County, and urge all citizens to recognize the vital role being played in helping to assure the public health and safety in buildings by state and local building code enforcement. Unani- mous].y approved. MARCH 13, 1984 MINUTES, CONT'D PROCLAMATION - HEALTH FAIR WEEK Mot on made by Commissioner Downey, seconded by Salvatore to Proclaim the week of March 30 - April 14,1984, as Health Fair Week in Washington County and urge all citi- zens to join in with us in supporting the Health Fair in its endeavor to provide information and health checks for the people of Washington County. Unanimously approved. ADJOURNMENT Motion made by Commissioner Salvatore, Unanimously approved. Coun torney seconded by Roulette to adjourn at 5:30 p.m. March 20, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and John R. Salvatore. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION - R.S.V.P. WEEK Motion made by Commissioner Roulette, seconded by Downey to Proclaim the Week of March 26 - 31, 1984, as Retired Senior Volunteer Program Week in Washington County, to let it be known that we have both faith in, and respect for our Senior Citizens, who devote so unselfishly of their time, talents and love. Unanimously approved. Commissioner Bowers read the Proclamation and presented it to Hannah Sue Cramer, R.S.V.P. Director and Martha Shifflett, C & P Telephone Company Community Relations Chairperson. APPOINTMENT TO BOARD OF ZONING APPEALS Motion made by Commissioner Roulette, seconded by Salvatore to appoint Reno Powell to serve for a three (3) year term as a member of the Board of Zoning Appeals. Unani- mously approved. ADOPTION OF 1984 NATIONAL ELECTRICAL CODE Motion made by Commissioner Roulette, seconded by Salvatore to adopt the 1984 National Electrical Code for inclusion in the Washington County Building Code, as presented at Public Hearing on March 6, 1984, with applications submitted prior to this date sub- ject to the provisions of the 1981 Edition of said Code. MOTION made by Commissioner Roulette, seconded by Salvatore to amend the aforegoing Motion to repeal the 1981 Edition of the National Electrical Code and replace with the 1984 Edition. Unanimously approved. Whereupon the President called for the vote on the Main Motion, as amended. Motion passed with Commissioners Bowers, Downey, Roulette and Salvatore voting "AYE". At this time Commissioner Martin L. Snook arrived at the Meeting PROPOSAL TO CITY RE LICENSING OF ELECTRICIANS Motion made by Commissioner Roulette, seconded by Downey to propose to the City of Hagerstown that they discontinue the practice of licensing of electricians, thereby establishing a County license as the only license required for electrical work in the County or any municipality, to offer to expand the Board of Electrical Examiners and Supervisors to include two (2) City appointees, and to hold the City harmless from any revenue which may be lost by going to the one -license system. Unanimously approved. LOCAL FUNDING FOR AGRICULTURAL PRESERVATION EASEMENTS Motion made by Commissioner Salvatore, seconded by Roulette to participate in the Agricultural Preservation Program in Fiscal Year 1985, and allocate the County's share of the Agriculture Transfer. Tax revenues collected in Washington County as the local matching funds for this Program. Unanimously approved. I I n MARCH 20, 1984 MINUTES, CONT'D I I I E ■ ADDITIONAL WORK - PARKVIEW KNOLLS MAINTENANCE BUILDING Motion made by Commissioner Salvatore, seconded by Downey to approve of additional work under the Parkview Knolls Construction contract to allow for brickwork on the front and two sides of the maintenance building, with the architect to choose between the two alternate proposals at a cost of $8,900 or $11,400. Unanimously approved. FINAL PAYMENT FOR GEOHYDROLOGICAL STUDY Motion made by Commissioner Downey, seconded by Salvatore to approve of final payment in the amount of $2,500 as a compromise settlement, for the Geohydrological Study prepared by R. E. Wright & Associates. Unanimously approved. SUPPORT RESTORATION OF MARYLAND MIDLAND RAILWAY WASHOUT Motion made by Commissioner Roulette, seconded by Salvatore to support the transfer of $350,000 in the State Department of Transportation's Capital Improvement Program from the construction of a temporary rail by-pass at Graceham, Maryland, to funding the restoration of rail washouts from Westminster to Cedarhurst. Unanimously approved. SELF -FUNDING EMPLOYEE LIFE INSURANCE The County Administrator presented a proposal to the Commissioners fcr implementing a self -funding program for employee life insurance benefits. He said that the program, as recommended by the Employee Benefits Administrator, could be successfully implemented at a substantial cost savings. The Commissioners asked that a plan be developed for the conversion to self-insurance for their further consideration. JUVENILE DELINQUENCY PREVENTION GRANT Motion made by Commissioner Roulette, seconded by Salvatore to approve of the applications of the Board of Education and Family Services for grants from the Juvenile Services Administration for juvenile delinquency prevention programs, as endorsed and recommended by the Washington County Children's Council. Unanimously approved. LINE ITEM TRANSFERS - HOUSING AUTHORITY Motion made by Commissioner Downey, seconded by Roulette to approve of the transfer of $2,000 in the Housing Authority Budget from Insurance (87-491-000) to Utilities (87-416-000). Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Salvatore to convene in Executive Session at 10:45 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11.(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Salvatore, seconded by Roulette to reconvene in Regular Session at ll:3U a.m. Unanimously approved. RECESS The Meeting was recessed at 11:30 a.m. for, lunch at the Hagerstown Junior College with the Board of Trustees. AFTERNOON SESSION The Afternoon Session was convened at 2:00 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore, and Snook present. BUDGET HEARINGS II The following Fiscal Year 1984/85 Budget requests were submitted: TRANSPORTATION COMMISSION - Submitted by Keith Godwin, County Commuter Manager, in the amount of $706,746, with a General Fund contribution of ,S114,5b1; FIRE & H.lbCUt CUMMUNiCkF IONS AND COMMUNICATIONS MAINTENANCE - Submitted by Ronald Karn, Chief of Fire and Rescue Communications, and Michael Harpster, Maintenance Technician, in the amounts of $305,179 and $68,900 respectively; PLANNING COMMISSION - Submitted by Jack Hawbaker, Executive Director of the Planning Department, in the amount of $200,691. Mr. Hawbake also submitted the Planning Commission's Annual Report for the year ending December:i 1983; AIRPORT - Submitted by Leigh Sprowls, Airport Manager, in the amount of $97,883 HOUSING & COMMUNITY DEVELOPMENT, HOUSING AUTHORITY AND HOUSING AUTHORITY BUILDING OPERATIONS - Submitted by Annette vanHilst, Director of Housinr. & Community Develop- ment, and Paul Horst, Chairman of the Housing Authority, in the amounts of $123,515 (reimburseable with the exception of fringe benefits to match the Appalachian Regional Commission grab) , ;l,.:UU, and 34,32 (mostly rCimbuiseabie iiunu Authority funds). MARCH 20, 1984 MINUTES, CONT'D PROCLAMATION - FAIR HOUSING MONTH Motion made by Commissioner Downey, seconded by Salvatore to Proclaim the month of April 1984 as Fair Housing Month in Washington County and encourage all citizens to attend the activities promoting fair housing and work to achieve equal housing oppor- tunities for all. Unanimously approved. RESOLUTION OF APPRECIATION - Lewis Stouffer Motion madey Commissioner Roulette, seconded by Snook to adopt a Resolution of Appreciation to Lewis Stouffer for his many contributions to the welfare of the in Washington County. Unanimously approved. ADJOURNMENT Motion made by Commissioner Snook, seconded by Roulette to adjourn at 4:50 p.m. Unanimously approved. A t r March 27, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and John R. Salvatore. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Salvatore followed by the Pledge of Allegiance to the Flag by the full assemblage. JAIL-A-THON AT NEW DETENTION CENTER SPONSORED BY THE AMERICAN CANCER SOCIETY Motion made by Commissioner Salvatore, seconded by Roulette to allow the American Cancer Society to utilize the new County Detention Center, before the opening, in cooperation with the Sheriff's Department, to hold a Jail-a-thon (Sleep -in) to raise funds for the cancer society. All proceeds will go to the Washington County Chapter of the American Cancer Society. The Commissioners unanimously approved of the con- cept with the stipulation that participants sign a written release to hold the County harmless from any liabilities that could result from the fundraiser. ADVERTISE FOR PUBLIC HEARING TEXT AMENDMENT TO_ZONING ORDINANCE The Commissioners discussed Section 416 - General Provisions of the Zoning Ordinance and instructed the County Administrator to proceed with advertising for Public Hearing on a Text Amendment to this Section. At this time Commissioner Downey left the Meeting. ESTABLISH SELF -FUNDING LIFE INSURANCE FUND The Commissioners discussed establishing a self -funding life insurance program as recommended by Alan Davis, Personnel/insurance Administrator. The County Administra- tor was instructed to get more information on this matter. (Decision rendered later 1n morning). MINUTES OF -COUNTY COMMISSIONERS MEETINGS - MARCH 12 and 13, 1984 Motion made by Commissioner Roulette, seconded by Salvatore to approve the Minutes of the County Commissioners Meetings for March 12 and 13, 1984, as submitted. Unanimously approved. FORMALLY AMEND RESOLUTION REGARDING TAX CREDIT ON ENTERPRISE ZONE Motion made by Commissioner Salvatore, seconded by Roulette to formally amend Section III, paragraphs (a) & (b) of the Resolution adopting Property Tax Credits in an Enterprise Zone to change from Fifty (50%) percent to One Hundred (100%) percent. Inanimously approved. At this time Commissioner Downey returned to the Meeting. RENEWAL OF CONTRACT FOR JANITORIAL SERVICE FOR COURT HOUSE AND COUNTY OFFICE BUILDING_ Motion made by Commissioner Roulette, seconded by Salvatore to exercise the option to renew for the third and final year Janitorial Services for the Washington County Court House and Annex, and County Office Building at the existing price of $3,280 per month with Cumberland Valley Services, with this contract to be rebid next year. Unanimously approved. I I I n L � MARCH 27, 1984 MINUTES, CONT'D I I I ESTABLISH SELF -FUNDING LIFE INSURANCE FUND - Cont'd Motion made by Commissioner Roulette, seconded by Salvatore to adopt a program to Self -Fund Life Insurance Benefits for County Employees. Unanimously approved. ANIMAL CONTROL ORDINANCE The County Attorney informed the County Commissioners that they did not have the authority to enact a local Animal Control Ordinance without legislative approval. The Commissioners decided to seek enabling legislation from the General Assembly to enact an Animal Control Ordinance. BUDGET HEARING - FISCAL YEAR 1984/85 The following budget requests were heard: PARKS & RECREATION - submitted by Edith Sweigert and Robert Coble in the amount of $420,238; and ELECTION BOARD - submitted by Darns Phillips and Virgil Banzhoff in the amount of $109,443. The Commissioners made no decisions at this time. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Roulette to convene in Executive Session at 11:30 a.m. in regard to litigation, personnel and property matters pursuant to the authority contained in Article 76A, Section 11(a)(6 & 7) of the Annotated Code of Maryland, and to record any action taken regarding litigation during said Executive Session with the Minutes to remain sealed until their dis- closure is authorized by the Board. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Salvatore, seconded by Downey to reconvene in Regular Session at 11:55 a.m. Unanimously approved. TRANSFER OF ACCOUNTING CLERK TO SHERIFF'S DEPARTMENT Motion made by Commissioner Salvatore, seconded by Downey to approve of the transfer of Donna Milburn from the Accounting Department as Accounting Clerk I to the Sheriff's Department in the position of Clerk -Typist II, Grade 3, Step C, starting salary of $10,895 and to advertise to fill the vacant position in the Accounting Department. Unanimously approved. ADVERTISE FOR PART-TIME B MECHANIC FOR TRANSPORTATION Motion made by Commissioner Downey, seconded by Salvatore to advertise to fill the vacant position of a Part-time B Mechanic for the Transportation Commission. Unanimously approved. ADJOURNMENT Motion made by Commissioner Salvatore, seconded by Roulette to adjourn at 12:00 noon for lunch and to attend the groundbreaking ceremonies for Parkview Knoll public housing project for the elderly in Williamsport. Unanimously approved. C y At •orney Clerk Received for Record: December 21, 1`383 at 3:00 p.m. Acts, Ordinances and Resolutions for tiashi�"ton County Liber No. Office of the Clerk of the Circuit Coort for Washington County SS3 RESOLUTION NO, A RESOLUTION AUTHORIZING AND EMPOWERING COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ISSUE; SELL AND DELIVER, AT ANY TIME OR FROM TIME TO TIME, ITS REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,000,000, PURSUANT TO THE PROVISIONS OF SECTIONS 266A THROUGH 266-I OF ARTICLE 41 OF THE ANNOTATED CODE OF MARY- LAND (1982 REPLACEMENT VOLUME) IN ORDER TO LOAN THE PROCEEDS THEREOF TO FALLING SPRING CORP., FOR THE SOLE AND EXCLUSIVE PURPOSES DESCRIBED IN THIS RESOLUTION; AUTHORIZING THE PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ACCEPT, ON BEHALF OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, THE LETTER OF INTENT FROM FALLING SPRING CORP. TO COUNTY COMMISSIONERS OF WASHINGTON COUNTY DATED DECEMBER 12, 1983 AND APPROVING THE ISSUANCE OF THE BONDS REQUESTED THEREIN; MAKING CERTAIN LEGISLATIVE FINDINGS, AMONG OTHERS, CONCERNING THE PUBLIC BENEFIT AND PURPOSE OF SUCH REVENUE BONDS; PROVIDING THAT OR R•ISE TO ANY PECUNIARY LIABILITY OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY; AUTHOR- IZING AND EMPOWERING THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, PRIOR TO THE ISSUANCE, SALE AND DELIVERY OF SUCH REVENUE BONDS, TO PRESCRIBE THE RATE OR RATES OF INTEREST SUCH REVENUE BONDS ARE TO BEAR, THE FORM, TENOR, TERMS AND CONDITIONS OF AND SECURITY FOR SUCH REVENUE BONDS, AND TO PRESCRIBE, DETERMINE, PROVIDE FOR AND APPROVE VARIOUS OTHER MATTERS, DETAILS, DOCUMENTS AND PROCEDURES IN CONNECTION WITH THE AUTHORIZA- TION ISSUANCE, SECURITY W.F. ANT) PAYMENT FOIL SUCH REVENUE BONDS; AND GENERALLY PROVIDINGI FOR AND DETERMINING VARIOUS MATTERS AFD DETAILS IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT OF SUCH REVENUE BONDS. RECITALS Sections 266A to 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume) (the "Act") empower all the counties and municipalities of the State of Maryland to issue revenue bonds and to loan the proceed, of the sale of such revenue bonds to a "facility user" to finance the acquisition (as defined in the Act) by such "facility user" of any facility (as defined in the Act). As defined in the Act, a "facility user" includes any individual, public or private corpor- ation, partnership, association, firm, or other entity whether or not created for the purpose of making a profit, which owns, leases, or uses all or any par, of a facility. The Act declares it to be the legislative purpose to relieve conditions of unemployment in the State of Maryland, to encourage the increase of industry and a balanced economy in the State of Maryland, to assist in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland through among other things, port development and the control, reduction or abatement of pollution of the environment and the utilization and disposal of wastes (where proceeds of the bonds are used for that purpose), to promote economic development, to protect natural resources and encourage resource recovery and to generally promote the health, welfare and safety of the residents of each of the counties and municipalities of the State of Maryland. County Commissioners of Washington County, a body politic and corporate and a political subdivision of the State of Maryland (the "County"), has received a letter of intent dated December 12, 1983 (the "Letter of Intent"), from Falling Spring Corp., a "facility applicant" as defined in the Act, in which it is requested that the County participate in the financing of a certain facility as defined herein, by the issuance of certain bonds described therein and by loaning the proceeds thereof to Falling Spring Corp., a Pennsylvania corporation (the "Borrower") for the purpose of acquiring and owning the facility defined herein upon the terms and conditions of a loan agreement to be entered into between the County and the Borrower (the "Loan Agree- ment"), as permitted by the Act (such loan being herein referred to as the "Loan"). The facility to be acquired will consist generally of (a) approximately 7.03. acres of land located at the northwest corner of the of Undernass Way and Halfway Boulevard, Hagerstown, Washington County, Maryland (the "Land"), (b) one six -story building, containing approximately 171 rooms, with elevators to be located on the Land (the "Building"), (c) equip- ment for the Building (the "Equipment"), (d) approximately 250 ®� -2- parking spaces on the Land, and (e) any other improvements or interests in land necessary or desirable for operation of the Building, together with roads and other rights of access, _ utilities, and other facilities necessary to the acquisition, construction and operation of the facility (the "Other. Interests") (the Land, the Building, the Equipment ana the cisusr 3ntereazs collectively, the "Facility"). The County, in compliance with the Tax Equity and Fiscal Responsibility Act of 1982 (the "Federal Act") held a public hearing on December 20, 1983, pursuant to notice published in a newspaper of general circulation in Washington County on — _ December 6, 1983 for the purpose apprising affected residents of Washington County, Maryland of the proposed issuance of the Bonds and allowing such residents to appear and be heard concerning the issuance of the Bonds and the location and nature of the Facility. The County has determined following such public hearing, that there will be a substantial public benefit from the issuance of the Bonds, that the issuance of the Bonds to finance the Facility is in the public interest and for a public purpose and by this Resolution has given its approval thereto. The County, based upon the findings and determinations set forth below, has determined to participate in the financing of the Facility by (a) issuing, selling and delivering its revenue bonds, in a principal amount not to exceed $7,000,000 (the "Bonds"), and (b) loaning the proceeds of such bonds to the Borrower upon the terms and conditions of a loan agreement (the "Loan Agreement"), as permitted by the Act. The Loan Agreement will require the Borrower (a) to use the proceeds of the Bonds solely to finance the acquisition of the Facility (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement), and — (b) to make Loan payments which will be sufficient to enable the County to pay the principal of and interest and premium, if any, on the Bonds when and as the same shall become due and payable. As security for the Bonds, the County may enter ,into a trust agreement with one or more corporate trustees or a purchaser or assignment agreement with the purchaser of the Bonds pursuant to which the County will assign to such trustee or purchaser, —_ among other things, and excepting the right of the County to indemnification and to payments of the County for expenses, all of he County's right, title and interest in and to, and remedies with respect to the Loan Agreement and any other document or instrument relating to the Loan, and any and all other property of every description and nature from time to time by delivery or by writing of any kind conveyed, pledged, assigned or transferred, as and for additional security for the Bonds. _iii SECTION 1. BE IT RESOLVED BY THE BOARD OF COUNTY CON - MISS lONERS OF WASHINGTON CU V,at, acting pursuant to the Act, it ii _are v found and a rm ned as follows: -3- SSG - (1) The issuance and sale of the Bonds by the County pursuant to the Act in order to lend the proceeds thereof to the Borrower for the sole and exclusive purpose (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement) of financing the acquisition (within the meaning of the Act) by the Borrower oZ the Facility will facilitate and expedite the acquisition of the Facility by the Borrower. (2) The acquisition of the Facility by the Borrower and the financing and refinancing thereof as provided in this Resolu- =_ tion will promote the declared legislative purposes of the Act by (a) creating jobs and employment, thus relieving conditions of unemployment in the State of Maryland and in Washington County; (b) encouraging the increase of industry and commerce and the creation of a balanced economy in the State of Maryland and in — Washington County; (c) assisting in the retention of existing - industry and commerce and in the attraction of new industry and - commerce in the State of Maryland and in Washington County; (d) promoting economic development; and (e) promoting the health, welfare and safety of the residents of the State of Maryland and Washington County. (3) In addition to authorizing the County itself to acquire the Facility and either to lease or to sell the same to the Borrower, the Act authorizes facility financing to be accom- plished in the form of a loan by the County to the Borrower. The loan form of transaction avoids indirect costs and burdens on the County by eliminating any direct involvement by the County in the acquisition, ownership or administration of the Facility while permitting the imposition of ample controls on the use of the pro- ceeds of the Bonds, thus insuring that the public purposes of the Act and the Bond transactions are fully accomplished. Because it is in the beat interests of the citizens of Washington County to - finance the acquisition of the Facility by a loan to the Borrower, this Resolution contemplates and authorizes a transaction in the — form of a loan of the proceeds of the Bonds by the County to the Borrower. Accordingly, this Resolution, together with the subse- quent resolution to be adopted by the County prior to the — issuance, sale and delivery of the Bonds (the "Administrative Resolution"), the Loan Agreement and any other instrument per- taining to the issuance, sale or delivery of the Bonds (such other instruments, together with the Loan Agreement, collectively, the "Bond Documents"), contains, or shall contain, such provisions as _ the County deems appropriate to effect the financing of the acqui- sition by the Borrower of the Facility by the loan form of trans- action. (4) NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR GENERAL OBLIGATION OF THE COUNTY OR A CHARGE AGAINST, OR PLEDGE OF THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY, WITHIN THE MEANING OF ANY CONSTITU- TIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION: ANTS NEIT HI. Er SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIkRY LIABILITY OF -4- Sri THE COUNTY. THE BONDS AND THE INTEREST THEREON SHALL BE LIMITED OBLIGATIONS OF THE COUNTY, REPAYABLE BY THE COUNTY SOLELY FROM THE REVENUES DERIVED FROM LOAN REPAYMENTS (BOTH PRINCIPAL AND INTER- EST) MADE TO THE COUNTY BY THE BORROWER ON ACCOUNT OF THE LOAN AND FROM ANY OTHER MONIES MADE AVAILABLE TO THE COUNTY FOR SUCH PURPOSE. The proceeds of the Bonds, and the payments to be made bx the Borrower pursuant to the Loan Agreement, will be paid directly to a trustee or the holders of the Bonds in the event a trustee is not appointed for such purpose to be held and disbursed as shall be approved by the Board in the Administrative Resolu- tion. No such monies will be commingled with the County's funds but will be subject only to such limited supervision and checks as are deemed necessary or desirable by the County to insure that the proceeds of the Bonds are used to accomplish the public purposes of the Act and this Resolution. The transactions authorized hereby do not constitute any physical public betterment or im- provement or the acquisition of property for public use or the purchase of equipment for public use. The public purposes expressed in the Act are to be achieved by facilitating the acquisition of the Facility by the borrower. (5) The Borrower is or will be a "facility applicant" and a "facility user" as defined in the Act; the Facility to be acquired by the Borrower will be used by the Borrower for quali- fied uses within the purposes permitted by the Act. (6) The public purposes intended to be achieved by the County through the issuance of the Bonds will be achieved upon completion of the construction and acquisition of the Facility resulting in the location of new hotel (motor lodge) facilities in Washington County, Maryland. SECTION 2. AND BE IT IUR.THER RESOLVED BY THE BOARD COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the County hereby approves an is authorizeauthorizeind empowered to issue, sell and deliver, at any time or from time to time, the following series of Bonds to be known as its "Washington County, Maryland, Economic Development Revenue Bond(s) (Falling Spring Corp. Project)" (provided that such designation may be changed or may contain such other descriptive information as the Board may prescribe in the Administrative Resolution) in a principal amount not to exceed $7,000,000 subject to the provisions of this Resolution. The proceeds of the Bonds will be loaned to the Borrower pursuant to the terms and provisions of the Loan Agreement, to be expended by the Borrower for the sole and exclusive purpose of financing and refinancing the acquisition of a Facility as specified in the Act (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement). The security and sources of payment for the Bonds shall be solely and erriiiaively es rnviHad in RAct'ion I of this Resolution. The authority to issue the Bonds is intended to and shall include the authority to issue revenue refunding bonds. Reference herein to the "Bonds" shall include revenue refunding -5- ► V 888 bonds where appropriate. Xn the event that any refunding bonds are issued pursuant to this Resolution, the outstanding principal amount of any "refunded bonds" (as hereinafter defined) shall not —_ be taken into account in determining the aggregate principal -_— amount of the Bonds issued, sold and delivered hereunder. The term "refunded bonds" means any Bonds (i) for the payment of which (both principal and interest) provision has been made from the proceeds (including any earnings on the investment thereof) of Bonds issued pursuant to this Resolution, or (ii) which have been paid from such proceeds, whether such provisions for payment, or =_ such payment is made at or prior to the maturity of such Bonds. SECTION 3. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, Thatthe President of e Board is hereby authorized, empowered, and directed to accept the Letter of Intent on behalf of the County in order to evidence the intent of the County to issue, sell and deliver the Bonds in accordance with the terms and provisions of this Resolution. This Resolution is intended to be, and shall constitute, evidence of the County's intent to issue and deliver the Bonds authorized hereby in accordance with the terms hereof when the Bonds are sold, provided that the County shall have no duty to obtain a —_ purchaser or purchasers therefor and shall incur no pecuniary liability in the event the Bonds are not sold. The County and the Borrower contemplate that the Borrower may proceed with the acquisition of the Facility prior to the issuance, sale and deliv- ery of the Bonds authorized hereby upon the adoption of this - Resolution by the County. SECTION 4. AND BE IT FURTHER RESOLVED BY THE BOARD OF - COUNTY COMMISSIONERS OF WASHINGTON CUWFY, That the Bodi shall e executed in the name of e County and on its behalf by the President or Vice President of the Board, by his manual or fac- simile signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other autt..orized officer) by his or her manual or facsimile signature. The Bond Documents shall be executed in the name of the County and on its behalf by the President or Vice President of the Board by his manual signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other author- ized officer) by his or her manual signature. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds or any of the aforesaid documents shall cease to be such officer before the delivery of the Bonds or any o€ the other aforesaid documents, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The =_ h -a a1.� 1 .. a.. aas o......J .�.A ..tha ..tf4..�... .1a —. LiC6AUiUZ . Vl ma.. DVaiu, sac ' sc.—in by sac varaaaa w .. _ of the County are hereby authorized and empowered to do mall such acts and things and execute such other documents and certificates = as the Board may determine in the Administrative Resolution to be necessary to carry out and comply with the provisions hereof. -6- SECTION 5. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That prior to hi -_ issuance, sale and a ivery of the Bons, the Board shall adopt the Administrative Resolution, pursuant to which the Board may =_ (without limitation) specify, prescribe, determine, provide for or approve, all within the limitations of this Resolution and the Act, all matters, details, forms, documents and procedures per- taining to the sale, security, issuance, delivery and payment of or for the Bonds, including (without limitation): (a) the principal amount of the Bonds to be issued at any one time and from time to time, the rate or rates of interest thereon, the date or dates of maturity thereof, provisions for the payment thereof, prepayment, sinking fund and redemption provi- sions (if any) thereof, the designation or designations of the Bonds and of any series, and the date or dates of issuance thereof; (b) the form, tenor, terms and conditions of the Bonds, and provisions for the registration and transfer of the Bonds (if any); (c) the form and contents of, and provisions for the - execution and delivery of, such financing documents as the Board shall deem necessary or desirable to evidence, secure or effec- tuate the Loan and the issuance, sale and delivery of the Bonds, including (without limitation) any loan agreements, notes, mort- gages, security agreements, assignments, guarantees, financing agreements or escrow agreements; (d) provision for the payment directly by the Borrower of all expenses of preparing, printing and selling the Bonds, including (without limitation) any and all costs, fees and expenses, incurred by or on behalf of the County in connection with the authorizatiox-i, issuance, sale and delivery of the Bonds, and all costs incurred in connection with the development of the -- appropriate legal documents, including fees of counsel to the County, and compensation to any persons (other than full-time -_ employees of the County) or entities performing services for or on behalf of the County in connection therewith and in connection with all other transactions contemplated by this Resolution, --- whether or not the proposed financing is consummated; (e) the creation of security for the Bonds and provi- sion for the administration of the Bonds, including (without limitation) the appointment of such trustees, escrow agents, payment agents, registrars or other agents as the Board shall deem necessary or desirable tc effectuate the transactions authorized aereby; (f) the preparation and distribution, in conjunction with representatives of the Borrower and the prospective pur- chasers of or underwriters for the Bonds of any series, both a preliminary and a final official statement, placement memoranda or 8O offering circular in connection with the sale of the Bonds of any series, if such preliminary official statement and final official statement, placement memoranda or offering circular are determined to be necessary or desirable for the sale of the Bonds of such series; (g) the form and contents of, and provisions for the execution and delivery of, a contract or contracts for the pur- chase and sale of the Bonds of any series (or any portion thereof); and (h) such other matters in connection with the authori- zation, issuance, execution, sale, delivery and payment of the Bonds, the security for the Bonds and the Loan, and the consum- mation of the transactions contemplated by this Resolution as may be deemed appropriate and approved by the Board including (without limitation) establishing procedures for the execution, acknowl- edgement, sealing and delivery of such other and further agree- ments, documents, and instruments, and the authorization of the officials of the County to take any and all actions, as are or may be necessary or appropriate to consummate the transactions contem- plated by this Resolution in accordance with the Act and this Resolution. SECTION 6. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHY N COUNTY, ThatTi) THE ACU PRO- VIDES THAT NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY WITHIN THE MEANING OF ANY CONSTI- TUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND SHALL NEVER CONSTITUTE OR GIVE RISE TO PECUNIARY LIABILITY OF THE COUNTY. In order to implement Section 266F(e) of the Act stating that the Bonds shall never constitute or give rise to pecuniary liability of the County, the Administrative Resolution, the Loan Agreement, the Bonds and the Bond Documents may provide that no bondholder shall look to the County for damages suffered by such bondholder as a result of the failure of the County to perform any covenant, undertaking or obligation under the Bond Documents, nor as a result of the incorrectness of any representation made by the County in the Bond Documents. Although this Resolution recognizes that the Bond Documents shall not give rise to pecuniary liability of the County, nothing contained in this Resolution or in the Bond Documents shall be construed -to preclude in any way any action or proceedings (other than that element in any action or proceeding involving a claim for monetary damages against. the County) in any court or before any governmental body, agency or instrumentality, or otherwise against the County or any of its officers or employ- ees to enforce the provisions of any of the Bond Documents. I h 1 h 1 wi.nunh he Y and Doc,_ ents ehtl 1 rprovi ,iA t'nwt thw County shall have the right to seek remedies inthe event of a = default by the Borrower, it is contemplated that the County will assign the performance of obligations to take action to the trustee for the holder(s) of the Bonds or the purchaser or holder -g• of the Bonds, in order to implement the purposes and intent of the Act, namely to facilitate the acquisition of the Facility by the Borrower without incurring any pecuniary obligation or liability of the County. Accordingly, if a trustee is appointed for such purpose, the trustee shall have the duty to act, whether or not at the direction of bondholders, in all instances in which the trustee for such Bonds may act and determines that action is appropriate. In any case where action by the trustee for the Bonds or the purchaser or holder of the Bonds requires simultane- ous or subsequent action by the County, the County will cooperate with such trustee or the purchaser or holder of the Bonds and take any and all action necessary to effectuate the purposes and intent of the Resolution and the Bond Documents. The performance by the trustee for the Bonds or the purchaser or holder of the Bonds of obligations under any of the Bond Documents permits the identifi- cation of all costs arising from the exercise of such obligations. The Bond Documents shall provide that the Borrower shall pay those costs in order to avoid any direct or indirect pecuniary burden on the County. SECTION 7. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That, as permitted y e Act, the Bons ol each series shall be sold at private (nego- tiated) sale and at par, unless the Board deems it to be in the best interests of the County to sell the Bonds of any series at public sale or above or below par, in which event the Bond of such series shall be sold in such manner, at such price or prices and upon such terms as shall be determined in the Administrative Resolution to be in the best interests of the County. The Bonds of each series shall he sold at such times, on such dates and to -such persons, firms or corporations (including, without limita- tion, banks or other financial institutions) as shall be deter- mined by the Board (as the c&se may be), with the consent of the Borrower. SECTION 8. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the provisions o? this Resolution are severable, and if any provision, sentence, clause section or part hereof is held illegal, invalid or uncon- stitutional or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Resolution or their application to other persons or circumstances and the remaining provisions shall be construed so as to give practical realization to the public purposes intended to be achieved hereunder and the protection against pecuniary liability to be afforded to the County. It is hereby declared to be the legislative intent that this Resolution would have been passed if such illegal, invalid or i &.., io entence clause section or part had uiaC.vTib titu:i visa �. yr...ioi.+n, not been included herein, and if the person or circumstances to which this Resolution or any part hereof are inapplicable had been specifically exempted herefrom. -9- 892 SECTION 9. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That unless such time period shall e limited by other app is le law, in the event that the financing transactions contemplated by this Resolution shall not have occurred within eighteen (18) months from the effective date hereof, the County°s authorization under the Resolution shall terminate unless otherwise extended by Resolution of the Board. SECTION 10. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That this Resolution iTiall take effect from the date of its a ovtion. PASSED AND ADOPTED this $p day of 9 ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: Ka ryn art Rona L. Bowers, Presxdent Clerk Board of County Commissioners of Washington County -10- EXHIBIT A LETTER OF INTENT 893 8&1 EXHIBIT B CERTIFICATION OF PUBLICATION if 't { A RESOLUTION of the Board of County Commissioners of Washington County, Maryland, authorizing the making of funds available through mortgage lending institutions for residential mortgage loans to low and moderate income persons and families for the 'I, purchase, reconstruction, or rehabilitation of qualifying housing units; authorizing the issuance of County Commissioners of Washington County, Maryland, Single Family Mortgage Revenue Bonds, Series 1981, in an aggregate principal amount not to exceed $15,000,000 for the purpose of funding such mortgage loans; providing that such revenue bonds shall not constitute a debt, liability or obligation of Washington County or the State of Maryland or any political subdivision thereof but shall be payable �I solely from the revenues provided therefore; authorizing a refundable financial contribution of up to $500,000 for the establishment of an insurance fund to make issuance of such revenue bonds financially feasible; authorizing notice to and solicitation of commitments from lending institutions to participate in the origination and servicing of such mortgage loans; authorizing tentative allocations of bond proceeds to lending institutions; authorizing advertisement for and otherwise soliciting bids for mortgage pool insurance, trustee, printing, and other contracts t, and expenditures; and providing certain other details in connection therewith. WHEREAS, the County Commissioners of Washington County, Maryland (the "Issuer"), acting by and through the Board of County Commissioners of Washington County, Maryland (the "Board"), is a governmental body and a corporation created by it the laws of the State of Maryland and empowered and authorized by Section 266 of Article 41 of the Annotated Code of Maryland (1978 Replacement Volume and 1981 Cumulative Supplement), as amended, as enacted by Chapter 748 of the 2 Laws of Maryland of 1980 and Chapter 70 of the Laws of Maryland of 1981 (the "Act"), among other things, to make funds available for residential mortgage loans for the ac- quisitionof housing ("Single Family Residences") for low and moderate income residents of Washington County, Maryland, by issuing and selling its revenue bonds (the "Bonds") pursuant I; to the Act; and WHEREAS, in addition, the Issuer is authorized by Section 219 of Article 25 of the Annotated Code of Maryland (1981 Replacement Volume), as enacted by Chapter 102 of the Laws of Maryland of 1960, among other things, to lend assistance to another political subdivision for purposes deemed to be public and of benefit to the Issuer and the other political subdivision; and WHEREAS, the Board has been advised by financial institutions transacting business in Washington County, Maryland, (a) that there exists a substantial shortage of mortgage loans for the ac- quisition of Single Family Residences in Washington County, (b) that because of this shortage of funds ouch loans either are not available, or to the limited extent available, necessitate such a high down payment or interest costs that a low and moderate income person or family cannot afford to finance the acquisition of a Single Family Residence in 3 Washington County, (c) that private and public lenders making loans within Washington County have not been able to meet the need of low and moderate income persons and families for mortgage loans to finance Single Family Residences from sources currently available to them, and (d) that proceeds from the issuance of Bonds pursuant to the Act could be effectively administered through financial institutions transacting business in Washington County to substantially meet the needs for such mortgage loans in amounts and at interest rates which low and moderate income persons and families, after taking into account family size and other relevant factors, could afford and thereby provide mortgage loans not now available to meet the needs for Single Family Residences for such families; and WHEREAS, the investment banking firms of Ferris & Company, Inc. and Butcher & Singer Inc. (the "Underwriters") have advised the Board that, subject to the availability of suitab]e ;market and related conditions, the Underwriters are willing to undertake the offering of the Bonds by the Issuer and the development of related required structuring of such a transaction as is requisite for the security and payment of the Bonds and the making of needed mortgage loans for Single Family Residences situated within Washington county irum Ur,a proceeds thereof; and 2 WHEREAS, the Underwriters have advised the Issuer that a refundable financial contribution by the Issuer of up to $500,000 will be required to establish an insurance fund or other reserve fund, without which the Bonds will not be marketable: and WHEREAS, the Board is desirous of exercising its full powers and authority under the Act and other applicable laws to the end that, insofar as feasible, low and moderate income persons and families living within or desiring to live within Washington County may have available to them mortgage financing for sanitary, safe and decent Single Family Residences. THEREFORE, BE IT RESOLVED by the Issuer, acting by and through the Board, that: SECTION 1. Authority. This Resolution is adopted pursuant to the provisions of Section 266 of Article 41 of the Annotated Code of Maryland (1978 Replacement Volume and 1981 Cumulative Supplement), as amended, as enacted by Chapter 748 of the Laws of Maryland of 1980 and Chapter 70 of the Laws of Maryland of 1981 (the "Act): the provisions of Section 219 of Article 25 of the Annotated Code of Maryland (1901 Replacement Volume), as enacted by Chapter 102 of the Law79 of vieiylaof 1 . nd cther mppli(�ahle provisions of liu..5C.. law. J SECTION 2. Findings and Determinations. The Issuer hereby finds and determines as follows: (a) The Issuer is a political subdivision of the State of Maryland, duly and validly organized under the Constitution and laws of the State of Maryland and is authorized and empowered under the Act to assist in alleviating the shortage of housing in Washington County for low and moderate income persons and families, who are otherwise unable to afford decent, safe and sanitary housing and in alleviating the shortage of capital available to finance such housing, thereby helping to preserve existing housing and neighborhoods; to make funds available through private mortgage lending institutions for residential mortgage loans to low and moderate income persons and families (the "Mortgage Loans"), made for the construction, purchase, reconstruction or rehabilitati-on of housing in Washington County; and to issue and deliver its bonds payable solely from revenues derived from the repayment of principal and interest on the Mortgage Loans, insurance and liquidation proceeds, earnings on certain funds and accounts and other payments made with respect to the Mortgage Loans. (b) There is a shortage in Washington County of housing available at prices which low and moderate iI' uiu�1O� or families can afford, which shortage has been found by the 6 legislature of the State of Maryland to constitute a threat to the health, safety and welfare of Washington County, and to constitute a threat to the preservation and maintenance of property and entire communities. (c) Factors contributing to the shortage of affordable housing include (i) an increase in the population of Washington County at a time when the rate of construction of new and single family housing units is declining, (ii) a decline in the auslity of the existing housing stock and an increase in the number of substandard units in Washington County, and (iii) an increase in the median price of a home at a rate in excess of the increase in family income over the same period, and (iv) an escalation in the interest rates from conventional private sources which, under current lending practices, has prevented many Washington County residents from acquiring sanitary, safe and decent housing. (d) The use of public funding to provide Mortgage Loans at reduced interest rates will stimulate the construction of new housing and the reconstruction and rehabilitation of older housing at affordable prices, and will also assist in alleviating the shortage of existing affordable housing by making lower interest loans available to eligible persons, thereby enabling such persons to purchase sanitary, decent and safe housing that they could not otherwise afford. 7 (e) Many low and moderate income persons and families are unable to purchase decent, safe and sanitary housing in Washington County, and are therefore in need of the assistance made available pursuant to the provisions of the Art. An determined and approved by the Issuer on November 3, 1981, and based an data supplied by the Housing & Community Development department of the Issuer, persons and families with incomes not exceeding £39,900 (as adjusted for family sizes and other pertinent considerations), and meeting the other criteria established by the Issuer, including inability to benefit from conventional mortgage financing, constitute "Eligible Persons and Families" which the Issuer desires to assist in the manner herein described. (f) Each housing unit presently in existence or hereafter constructed meeting the criteria of a "Single Family Residence," as subsequently defined by the Issuer, that is now or hereafter becomes affordable to Eligible Persons and Families at the lower interest rates made available by the issuance of the Bonds, hereinafter described, subject to a down payment requirement and a Mortgage Loan amount to be determined by subsequent resolution of the Issuer, constitutes a qualifying housing unit under the Act. 8 i! (g) To avoid potential abuses and to insure proper utilization of the Mortgage Loan program only by persons in need of the assistance herein contemplated, the Issuer shall not make funds available for a Mortgage Loan for the financing of an existing Single Family Residence having a purchase price in excess of an amount to be determined by subsequent resolution of the Issuer. (h) Each lending institution participating in the program ("Participants") and meeting criteria to be set forth by the Issuer,• will qualify as a "private mortgage lending institution" as that term is used in the Act. (i) It is desirable and in the public interest and will promote the health and welfare of the residents of Washington County to make funds available through the Participants for Mortgage Loans to Eligible Persons and Families for the ac- quisitionof of Single Family Residences through the issuance of bonds to be designated "County Commissioners of Washington County, Maryland, Single Family Mortgage Revenue Bonds, Series 1981" (the "Bonds"). (j) The Issuer, through the Underwriters, subject to the availability of suitable market and related conditions, would be able to sell the Bonds and make the proceeds available for the Mortyaye Luazib. 9 (k) To make issuance of the Bonds financially feasible, it is necessary for the Issuer to make a refundable financial contribution in an amount of up to $500,000. SECTION 3. Authorization of Bonds. For the purpose of providing funds for Mortgage Loans, the Issuer hereby authorizes the issuance of the Bonds under the authority of the Act in an aggregate principal amount not exceeding $15,000,000. The Bonds shall be dated such date, shall bear interest at such rate or rates, shall mature on such date or dates (not to exceed 40 years from the date of issuance), shall be subject to redemption, shall be issued as coupon bonds, registrable as to principal only, in the denomination of $5,000 each, and in the form of registered bonds without coupons, in the denomination of $5,000 each or any multiple thereof, shall be payable at the places and in the manner, shall be executed, authenticated and delivered and shall otherwise be in such form, and subject to such terms and conditions, all as may be established by resolution of the Issuer adopted prior to delivery of the Bonds. The Bonds and the interest on them shall be limited obligations of the Issuer, payable solely and only from Bond proceeds and the revenue derived by the Issuer from interest, mortgage insurance, casualty or special hazard insurance or other insurance proceeds, condemnation proceeds, or other revenues derived from the Mortgage Loans and from the 10 insurance fund to be established for the Bonds. In no event shall the bonds or any interest thereon be payable from the general revenues of the Issuer. The Bonds and the interest thereon shall not be deemed to constitute an indebtedness, liability, general or moral obligation or a charge against or pledge of the general credit or taxing power of the Issuer, the State of Maryland, any political subdivision thereof, or of the Participants, within the meaning. of any constitutional or statutory provisions. The President and Clerk of the Board are hereby authorized and directed to prepare, execute and deliver to the Underwriters the written commitment of the Board that, subject to the final approval by the Board of the interest rate and other terms and conditions of the Bonds and of definitive documents, instruments and other writings, prepared, or caused to be prepared by the Underwriters, and by Kutak Rock & Huie, Bond Counsel ("Bond Counsel"), the Issuer acting by and through the Board will issue and offer through the Underwriters the Bonds, it being specifically understood that, as provided by the Act, such commitment shall he subject to the following special conditions: (a) If the other events contemplated hereby which would provide a source for reimbursement thereof do not occur, the Underwriters have agreed that they will. reimburse 1 I 11 the Board for one-half of printing costs, if any, which the Board may incur at the Underwriter's request arising from the fl execution and delivery of the above -described commitment of the Board and the performance by the Board of its obligations thereunder, all as more particularly described in a letter dated October 15, 1981, to Mr. Robert Reeves of Ferris & Company Incorporated and Mr. Daniel P. O'Connell of Butcher & Singer Inc. (b) It has been understood and agreed by and between the Board and the Underwriters that the provisions of this Resolution and of the commitment referred to herein are not intended to, and shall not be construed or interpreted to: (1) obligate or authorize the expenditure of any funds or 6; moneys arising from the Bonds or from the Mortgage Loans made with the proceeds thereof, from the investment of any insurance fund, or otherwise from the Single Family Residences financed with proceeds of the Bonds; provided, however, that, subject to final approval by the Board of the terms and conditions of the Bonds, moneys authorized as a I� refundable financial contribution pursuant to Section 4 of 'I this Resolution and interest earned on such moneys shall be available if necessary to pay principal and interest on the III 12 Bonds; or (2) create any personal liability of any officer or member of the Board or any official or employee of the Issuer, present or future. (c) Pursuant to the Act, neither the Bonds nor the interest thereon under the Act shall ever constitute an indebtedness or a charge against the general credit or taxing powers of the Issuer within the meaning of any constitution, county code provision or statutory limitation, and neither shall ever constitute or give rise to any pecuniary liability of the Issuer. SECTION 4. Authorization of Refundable Financial Contribution of Up to $500,000 for the Establishment of an Insurance Fund to Make Issuance of Bonds Financially Feasible. Upon the advice of the Underwriters that the issuance of the Bonds will not be financially feasible unless the Issuer makes a monetary contribution, the Issuer hereby authorizes the making of a refundable financial contribution in an amount not to exceed $500,000 (the "Contribution"), to be provided on the date of issuance of the Bonds. :he Contribution is authorized for the purpose of providing a necessary insurance fund for the Bonds which shall be established by subsequent resolution of the Issuer. The contrinution is authorized subject to ihr, iiicwa;;y ap cial conditions: 13 (a) Pursuant to the Assistance Agreement (the "Agreement") dated as of November 3, 1981, between the Issuer and the City of Hagerstown, Maryland (the "City"), the terms of which have been approved in principle by the Issuer and the City on November 3, 1981, the City shall agree to reimburse the Issuer an amount equal to one third of the Issuer's Contribution, such reimbursement to be made within 90 days of the Issuer having made its Contribution and pursuant to an appropriation of moneys by the City prior to the sale of the Bonds. (b) To the extent that interest earned on the Issuer's Contribution is not necessary to secure the Bonds, such interest shall be paid annually to the Issuer subject to the terms of the Agreement. (c) To the extent that the Issuer's Contribution is not necessary to secure the Bonds, such Contribution shall be returned as soon as practicable to the Issuer subject to the terms of the Agreement. Section 5. Authorization of Notice to and Solicitation of Commitments from Lending Institutions to Participate in the origination and Servicing of Mortgage_ Loans. In order to induce participants to make low interest loans to EligiblE Persons ana r'amiiies for the acqui iLiuzl O1- r uio%iuctic : ..+ rehabilitation of Single Family Residences, the Issuer hereby 14 authorizes notice to and solicitation of offers from lending institutions to participate in the origination and servicing of Mortgage Loans, in form and substance approved by Bond Counsel, subject to final approval and acceptance by the Issuer. SECTION 6. Authorization of Housing & Community Development Department of the Issuer to Make Tentative Allocations of Bond Proceeds to Participants. The Issuer hereby authorizes the Housing & Community Development department of the Issuer to make tentative allocations to Participants of bond proceeds for the financing of Mortgage Loans, subject to the sale of the Bonds and to final approval and acceptance by the Issuer. SECTION 7. Authorization to Prepare and Distribute a Preliminary Official Statement. The Issuer hereby authorizes the preparation and distribution of a preliminary Official Statement with respect to the Bonds, subject to approval by Issuer and its Bond Counsel and subject to such changes, additions and deletions as may be approved by Bond Counsel and the officers of the Issuer before execution of the final Official Statement. SECTION 8. Authorization of Advertising for and Otherwise Soliciting Bids for Mortgage Pool Insurance, Trustee, Printing, and Other Contracts and Expenditures. The 15 Issuer hereby authorizes the Underwriters, on behalf of the County Connis,ioners. to advertise for and otherwise solicit bids for mortgage pool insurance, a trustee, printing, and any other contracts or expenditures that are necessary in connection with the issuance of the Bonds, subject to final approval and acceptance by Bond Counsel and the Issuer. SECTION 9. Authorization to Carry Out Intent of Resolution. The appropriate officers and agents of the Issuer are hereby authorized and empowered and directed to execute such other documents, instruments, contracts and certificates, whether or not expressly contemplated hereby, and to do all acts and things, in each case as may be necessary to carry out and comply with the provisions of this Resolution and the provisions of the Bonds, for a full, punctual and complete performance of all terms, covenants, provisions and agreements herein and therein contained, and as otherwise may be necessary or desirable to effectuate the purpose and intent of this Resolution. SECTION 10. Severability. If any one or more of the covenants, agreements or provisions of this resolution, or of any of the documents contemplated hereby, should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be 16 held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Resolution or of such documents or of the Bonds or coupons issued thereunder. The Bonds will be issued and this resolution is adopted with the intent that the laws of the State of Maryland shall govern their construction. SECTION 11. Approval of all Acts. All acts and deeds of the officers and agents of the Issuer which are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and delivery of the Bonds shall be, and the same hereby are, in all respects approved and confirmed. i 17 SECTION 12. Effective Date. This Resolution shall become effective immediately upon its adoption. ADOPTED this 10th day of November, 1981. (SEAL) COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND res ent 18 ATTEST: Clerk of the Board of County Commissioners of Washington County, Maryland The undersigned, Clerk of the Board of County Commissioners of Washington County, Maryland, hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by the Board of County commissioners of Washington County, Maryland, at a meeting duly called and held on November 10, 1981, in accordance with law, that such resolution has not been repealed, revoked, I. rescinded, or amended, but is in full force and effect on the date hereof. !' WITNESS my hand and the seal of the County Commissioners of Washington County, Maryland, this 1Oth day of November, 1981.. er r o oun y Commissioners of Washington County, Maryland /1 ASSISTANCE AGREEMENT This Assistance Agreement (the "Agreement"), dated as of November 3, 1981, is by and between the County Commissioners of Washington County, Maryland (the "County"), acting by and through the Board of County Commissioners of Washington County, Maryland (the "Board"), and the City of Hagerstown, Maryland (the "City"), acting by and through the Mayor and City Council of Hagerstown, Maryland (the "Mayor and Council"). WHEREAS, the County intends to issue an amount not exceeding $15,000,000 of its Single Family Mortgage Revenue Bonds, Series 1981 (the "Bonds"), the proceeds of which are to be used to sake funds available for mortgage loans meeting the criteria of the County's residential mortgage program as outlined in a proposed Resolution of the Board to be dated November 10, 1981, a proposed Mortgage Origination and Servicing Agreement, and other program documents, all subject to modification and final approval by the Board before issuance of the Bonds; and WHEREAS, certain direct out-of-pocket expenses of the County (the "Preliminary Costs") are reasonable and necessary in connection with preparation for the issuance of the Bonds; and WHEREAS, the Board on October 13, 1981, determined to fund up to $25,000 of the Preliminary Costs with the understanding that the City would reimburse the County for one third of the Preliminary Costs actually expended by the County; and WHEREAS, the City, at a meeting of its Mayor and Council on October 13, 1981, agreed to pay up to one third of the Preliminary Costs; and WHEREAS, the Housing i Community Development department of the County has requested the State of Maryland (the "State") to designate the City, due to current economic conditions, as a targeted area in accordance with 26 C.F.R. Part 1 and the temporary and proposed Treasury Regulations under the Mortgage Subsidy Bond Tax Act of 1980; and WHEREAS, in the event the State designates the City as zu,ch t rg t..zd ar4a, amid ouvn designation is approved by the United States Department of Housing and Urban Development ("HUD"), the County intends to revise its residential mortgage program rules regarding designated targeted areas so as to include all of the City? and WHEREAS, the County intends to reserve for mortgage loans on residences located in the City approximately one third of the proceeds of the Bonds available to purchase mortgage loans for a period of at least one year after issuance of the Bonds t and WHEREAS, Ferris & Company, Inc. and Butcher & Singer Inc. (the "Underwriters") have informed the Board that the County must make a refundable financial contribution in an amount not to exceed *500,000 to establish an insurance fund or other reserve fund for the Bonds (the "Insurance Fund"), without which the Bonds will not be marketable: and WHEREAS, the City desires to cooperate with and assist the County to issue the Bonds. THEREFORE, in consideration of the foregoing premises and the mutual agreements herein contained, the County, acting by and through the Board, and the City, acting by and through the Mayor and Council, agree as followse 1. The County shall continue to urge the State to process quickly the County's request that the State designate the City as a targeted area in accordance with 26 C.F.R. Part 1 and the temporary and proposed Treasury Regulations under the Mortgage Subsidy Bond Tax Act of 1980 (the "Regulations"). In the event such designation is made by the State and approved by HUD, the County shall promptly revise the rules of its residential mortgage program concerning designated targeted areas to apply to all of the City. 2. The County shall, in the event that the State does not designate the City as a targeted area pursuant to Section 1 of this Agreement or any such designation is not approved by HUD, reserve proceeds of the Bonds for a period of at least one year after the date on which mortgage loans are first made available from proceeds of the Bonds, for residences in the two census tracts in the County, both located primarily in the City, which are included within the definition of "qualified census tract" pursuant to the Regulations. Such reserved proceeds shall be in an amount wuLe than 20 percent of the proceeds of the Bonds or as calculated pursuant to the "safe harbor limitation" under the Regulations, whichever is less. In the event that the State -2- designates the City as a targeted area, and such designation is approved by HUD, proceeds reserved pursuant to this Section 2 may be used for residences anywhere in the City. 3. The County shall reserve a total of approximately, but not more than one third, of the proceeds of the Bonds available to purchase mortgage loans, for a period of at least one year after issuance of the Bonds, for mortgage loans on residences located in the City, such reserved proceeds to include proceeds reserved pursuant to section 2 of this Agreement; provided, however, that the City shall fund a similar portion, but not more than one third, of the Insurance Fund. 4. The County shall fund the entire amount of the Insurance Fund, up to $500,000; provided, however, that the City shall reimburse the County in an amount equal to one third of the Insurance Fund, within 90 days of the County having made its funds available for such Insurance Fund; and provided, further, that the City shall appropriate the moneys necessary to reimburse the County prior to the sale of the Bonds. 5. The Insurance Fund shall be available to pay interest and principal on the Bonds; provided, however, that: a. To the extent actually available without adverse effect on the security of the Bonds, the funds reimbursed to the County by the City for the Insurance Fund shall accrue interest to be disbursed annually to the City by the County. b. At such time as the funds reimbursed to the County by the City are no longer needed to secure the Bonds, the County shall return such funds to the City. For purposes of thin section 5, interest shall be actually available without adverse effect on the security of the Bonds if on any principal payment date excess moneys remain (1) after payment of all then due principal and interest, (2) after restoration of all funds and accounts securing the Bonds to their required levels, and (3) after setting aside any moneys required to redeem Bonds. In addition, for purposes of this section 5, funds reimbursed to the County by the City shall no longer be needed to secure the Bonds if on arty pri nc± a went ;ate L m uum of (1) the tnen outstanding principal balance of the mortgage loans made with proceeds of the Bonds, and (2) the amounts then remaining in all funds and accounts, are at least equal to 103 percent of the then outstanding principal balance of the Bonds, all after payment of any then due principal and interest payments on the Bonds, restoration of all funds and accounts securing the Bonds to their required levels, and setting aside of any moneys required to redeem Bonds. Any payments made by the County to the City under this section 5 shall be made only within 90 days after such principal payment dates as either or both of these tests shall be satisfied. 6. In the event that the County receives moneys from its residential mortgage program in excess of the costs of the County for operation of such residential mortgage program, the County shall share such excess moneys with the City, with two-thirds of such excess moneys to be retained by the County and one-third to be paid to the City by the County. 7. The County and the City shall consult concerning the residential mortgage program; provided, however, that the County shall have ultimate control over all aspects of the residential mortgage program. In connection therewithi a. The City shall appoint a representative to work with the Housing & Community Development department of the County, with Kutak Rock & Buie, Bond Counsel, and with the Underwriters. b. The Housing & Community Development department of the County shall provide the city representative with copies of all draft documents for review. 8. This Agreement shall be construed in accordance with the laws of the State, and the obligations, rights, and remedies of the parties hereunder shall be determined ir. accordance with such laws. 9. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof. 10. To the extent permitted by law, the County and the City agree that they will, from time to time, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such supplements hereto and further instruments as may be reasonably requiLnu "C'r carrying out the intention of or facilitating the performance of this Agreement. -4- 11. This Agreement shall be in full force and effect from the date hereof and shall continue in effect so long as any Bonds are outstanding. 12. Nothing in this Agreement shall confer any right upon any person other than the County and the City. IN WITNESS WHEREOF, this Agreement is executed as of the date first hereinabove written. COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND CITY OF HAGERSTOWN, MARYLAND -5- Received for Record: October 8, 1982 at 2:27 p.m. 686 Acts, Ordinances end Resolutions for We3hinpton County Liber No. 3 Office of the Clerk of the Circuit Court for Washington County BOND RESOLUTION RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS Oe WASHINGTON COUNTY AUTHORIZING AND EMPOWERING COUNTY COMMISSIONERS OF WASHINGTON COUNTY, TO ISSUE AND SELL, AT ANY TIME OR FROM TIME TO TIME, AS LIMITED OBLIGATIONS OF THE COUNTY COMMISSIONERS OF WASHINGTON COUNTY AND NOT UPON ITS FULL FAITH AND CREDIT, ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,000,000 PURSUANT TO THE PROVISIONS OF THE MARYLAND ECONOMIC DEVELOPMENT REVENUE BOND ACT, ENACTED AS CHAPTER 791 OF THE LAWS OF MARYLAND OF 1982, AND CODIFIED AS SECTIONS 266A TO 266-I, INCLUSIVE, OF ARTICLE 41 OF THE ANNOTATED CODE OF MARYLAND, FOR THE SOLE AND EXCLUSIVE PURPOSE OF FINANCING THE ACQUISITION OF A CERTAIN FACILITY IN WASHINGTON COUNTY, TO BE ACQUIRED AND OPERATED BY REVIEW AND HERALD PUBLISHING ASSOCIATION, A WASHINGTON, D.C. CORPORATION, TO CONSIST OF AN OFFICE BUILDING AND A MAIN- TENANCE BUILDING, CERTAIN NECESSARY ACCOMMODATIONS AND CERTAIN MACHINERY AND EQUIPMENT; MAKING CERTAIN LEGISLATIVE FINDINGS; AUTHORIZING THE PRIVATE (NEGOTIATED) SALE OF SUCH REVENUE BONDS; AUTHORIZING AND EMPOWERING THE PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, PRIOR TO THE ISSUANCE OR SALE OF SUCH REVENUE BONDS, BY ONE OR MORE WRITTEN ORDERS OR OTHERWISE, TO SPECIFY, PRESCRIBE, DETERMINE, PROVIDE FOR OR APPROVE SUCH VARIOUS MATTERS, DETAILS, FORMS, DOCUMENTS AND PROCEDURES AS APPROPRIATE FOR THE AUTHORIZATION, ISSUANCE, SECURITY, SALE, DELIVERY, OR PAYMENT OF SUCH REVENUE BONDS INCLUDING, WITHOUT LIMITA- TION. CREATION OF SECURITY FOR THE BONDS AND PROVISION FOR THE ADMINISTRATION OF BOND ISSUES SUCH AS TRUST OR OTHER S7 AGREEMENTS WITH BANKS OR TRUST COMPANIES REGARDING ANY COUNTERSIGNATURE OR DELIVERY OF BONDS OR SECURITY FOR BONDS; AND GENERALLY PROVIDING FOR AND DETERMINING VARIOUS MATTERS, DETAILS AND PROCEDURES IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT OF SUCH REVENUE BONDS. 2 RECITALS Chapter 791 of the Laws of Maryland of 1982, codified as Sections 266A to 266-I, inclusive, of Arti- cle 41 of the Annotated Code of Maryland (the "Act"), em- powers all the counties and municipalities of the State of Maryland to issue revenue bonds and to lend the proceeds of the sale of such revenue bonds to a facility applicant (as defined in the Act) to finance the acquisition (as defined in the Act) by such facility applicant of a facil- ity (as defined in the Act). The Act declares it to be the legislative purpose to relieve conditions of unemployment in the State of Maryland, to encourage the increase of industry and a balanced economy in the State of Maryland, to assist in the retention of existing industry in the State of Maryland through the control, reduction or abate- ment of pollution of the environment (where proceeds of the bonds are used for that purpose), to promote economic development, to protect natural resources and in this man- ner to promote the health, welfare and safety of the resi- dents of each of the counties and municipalities of the State of Maryland. The Board of County Commissioners of Washington County (the "Board") has received a "letter of intent" from Review and Herald Publishing Association, a Washington, D.C. corporation (the "Facility Applicant"), dated April 8, 1982, requesting the County Commissioners of Washington County (the "Public Body") to participate in the financing of the acquisition of a facility (within the meaning of the Act) to be located in Wasniny wii County, ayland (the "Facility") by the issuance and sale by the Public Body of (3189 its industrial development revenue bonds in the aggregate principal amount not to exceed $4,000,000, pursuant to and in accordance with the Act. The Public Body, based upon the findings and determinations set forth below, has deter- mined to participate in the financing of the Facility by the issuance, sale and delivery of its industrial develop- ment revenue bonds to be designated "Washington County, Maryland Industrial Development Revenue Bond (Review and Herald Publishing Association Project)", in one or more series, in the aggregate principal amount not to exceed $4,000,000 (the "Bonds"), and by lending the proceeds of the Bonds to the Facility Applicant (the "Loan") upon the terms and conditions of a loan and financing agreement to be entered into between the Public Body and the Facility Applicant (the "Financing Agreement"), such proceeds to be used by the Facility Applicant solely to finance the acquisition of the Facility. The Financing Agreement will require (a) the Facility Applicant and the Public Body to use the proceeds of the Bonds solely to finance the acquisition of the Facility, and (b) the Facility Applicant to make payments which will be sufficient to enable the Public Body to pay the principal of and interest and premium, ii any, on the Bonds when and as the same become due and payable. The Facility, which is a "facility" as defined in Chapter 791 of the Laws of Maryland of 1982, codified as Section 266A of the Act, will consist of (a) the con- struction of an office building containing approximately 5C,00O curc `cct cf ..a,... ?!ed A maintenance building containing approximately 4,800 square feet of space, (the - 2 - 69© "Buildings"), (b) installation of roads or other rights of access, utilities and other necessary accommodations (the "Necessary Accommodations"), and (c) the acquisition of necessary and useful machinery and equipment, to be located in the Buildings and in other buildings adjacent thereto (the "Equipment"). As security for the Bords, the Financing Agreement will provide that the Public Body will assign to a corpor- ate trustee (the "Trustee") (a) all of the Public Body's right, title and interest in and to and remedies under the Financing Agreement, including (without limitation) any and all security referred to therein, excepting only the right of the Public; Body to indemnification by the Facility Applicant and to payments to the Public Body for expenses incurred by the Public Body itself, (b) the receipts and revenues of the Public Body from the Financing Agreement, (c) certain moneys which are at any time or from time to time on deposit with the Trustee, (d) all right, title and interest in and to and remedies with respect to an' and all other property of every description and nature from time to time by delivery or by writing of any kind con- veyed, pledged, assigned or transferred, as and for addi- tional security for the Bonds, by the Public Body or by anyone on its behalf or with its written consent, to the Trustee, and (e) all of the Public Body's right, title and interest in and to and remedies under such other documents, including (without limitation) mortgages, deeds of trust, guaranties and security instruments as the Board shall deem necessary to effectuate the issuance, sale and delivery of the Bonds and which the President of the Board shall spec- ify, prescribe, determine, provide for or approve by one 3 - 691 or more written orders or otherwise prior to the issuance, sale and delivery of the Bonds. As evidenced by the Letter of Intent, the Facility is to be acquired by, and for use by, a bona fide purchaser and a facility applicant within the meaning of the Act. The Bonds will be sold by private (negotiated) sale. NOW THEREFORE, IN ACCORDANCE WITH THE ACT: SECTION 1. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That acting pursuant to the Act, it is hereby found and determined as follows: (1) The issuance and sale of the Bonds by the Public Body pursuant to the Act for the sole and exclusive purpose of financing the acquisition (within the meaning of the Act) of the Facility will facilitate and expedite the acquisition of the Facility. (2) The acquisition of the Facility and the financing thereof as provided in this Resolution will pro- mote the declared legislative purposes of the Act by (a) sustaining jobs and employment, thus relieving conditions of unemployment in the State of Maryland and in Washington County; (b) encouraging the increase of industry and the creation of a balanced economy in the State of Maryland and in Washington County; (c) assisting in the retention of existing industry in the State of Maryland and in Washing- ton County; (d) promoting economic development; and (a) promoting the health, welfare and safety of the residents of the State of Maryland and Washington County. (3) This Resolution contemplates and authorizes a transaction in the form of a loan of the proceeds of the - 4 - Bonds by the Public Body to the Facility Applicant. Ac- cordingly, this Resolution together with the Financing Agreement authorized hereby, and the other documents re- ferred to herein, contains, or shall contain, such provi- sions as the President of the Board of the Public Body deems appropriate to effect the financing of the acquisi- tion of the Industrial Building by the loan form of trans- action. (4) Neither the Bonds nor the interest thereon shall ever constitute an indebtedness or general obligation of the Public Body or a charge against, or pledge of the general credit or taxing powers of the Public Body, within the meaning of any constitutional or charter provision or statutory limitation, and neither shall ever constitute or give rise to any pecuniary liability of the Public Body. The Bonds and the interest thereon shall be limited obliga- tions of the Public Body, repayable by the Public Body solely from the revenue derived from payments made to the Public Body by the Facility Applicant under the Financing Agreement and from any other moneys made available to the Public Body for such purpose. The proceeds of the Bonds will be paid directly to the Trustee to be held and dis- bursed by the Trustee as provided in the Financing Agree- ment to be approved by the President of the Board by writ- ten order or otherwise. Payments of the principal of and premium (ifany) and interest on the Loan will be paid by the Facility Applicant directly to the Trustee or the holders of the Bonds as provided in the Financing Agree- ment. No such moneys will be commingled with the Public Body's funds or will be subject to the absolute control of the Public Body, but will be subject only to such limited - $ - 693 supervision and checks as are deemed necessary or desirable by the Public Body to insure that the proceeds of the Bonds are used to accomplish the public purposes of the Act and this Resolution. The transactions authorized hereby do not constitute any physical public betterment or improve- ment or the acquisition of property for public use. The public purposes expressed in the Act are to be achieved by facilitating the acquisition of the Facility. (5) The security for the Bonds shall be solely and exclusively (a) the absolute, irrevocable and uncondi- tional obligation of the Facility Applicant to make the payments required by the Financing Agreement, (b) moneys realized from the liquidation of the lien and security interest created by the Financing Agreement and of any other lien or security interest created with respect to any property as security for the Bonds as the President of the Board may provide for and approve by written ardor or otherwise, and (c) moneys realized from any guaranty of the Bonds as the President of the Board may provide for and approve by written order or otherwise. (6) The best interests of the Public Body will be served by selling the Bonds by private (negotiated) sale, as authorized by the Act, upon terms and conditions approved by the President of the Board in a written order or otherwise. (7) As evidenced by the Letter of intent, the Facility is to be acquired by and for use by a bona fide purchaser and by and for use by a facility applicant within the meaning of the Act. - 6 - 694 SECTION 2. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Public Body is hereby authorized and empowered to issue, sell and deliver, at any time or from time to time, its Washington County, Maryland Industrial Development Revenue Bonds (Review and Herald Publishing Association Project), in the aggregate principal amount not to exceed $4,000,000, subject to the provisions of this Resolution. The Public Body will lend the proceeds of the Bonds to the Facility Applicant pursuant to the terms and provisions of the Financing Agreement, to be used by the Facility Appli- cant for the sole and exclusive purpose of financing the acquisition of the Facility. The Bonds and the interest thereon shall be limited obligations of the Public Body, repayable by the Public Body solely from the revenue de- rived from payments made to the Public Body by the Facility Applicant pursuant to the Financing Agreement and from any other moneys made available to the Public Body for such purpose. The security for the Bonds shall be solely and exclusively as provided in Section 1 of this Resolution. SECTION 3. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That each of the Bonds shall bear the descriptive title "Wash- ington County, Maryland, Industrial Development Revenue Bond (Review and Herald Publishing Association Project)". The Bonds shall bear interest at such rate or rates as the President of the Board may prescribe or approve in a writ- ten order or otherwise, including an alternate rate of interest Zn any r'cd dur±r. Which the interest payable - 7 - t;95 on any of the Bonds is for any reason includible in the gross income (as defined in Section 61 of the Internal Revenue Code of 1954, as amended) of the holder of any of the Bonds. Interest on the Bonds shall be payable from such time and on such dates as the President of the Board may prescribe or approve in a written order or otherwise. The principal of the Bonds shall be payable on such dates and in such amounts as the President of the Board may prescribe or approve in a written order or otherwise. SECTION 4. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the definitive Bonds, which may be engraved, printed or typewritten, shall be in such form as the President of the Board may approve in a written order or otherwise. SECTION 5. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bonds shall be executed in the name of the Public Body and on its behalf by the President of the Board, by his manual or facsimile signature, and the corporate seal of the Public Body or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board, by her manual or facsimile signature. The Financing Agreement, and, where applicable, all other doc- uments as the Board shall deem necessary to effectuate the issuance, sale and delivery of the Bonds, shall be executed in the name of the Public Body and on its behalf by the President of the Board, by his manual signature, and the corporate seal of the Public Body or a facsimile thereof whn11 he impressed or otherwise reproduced thereon and attested by the Clerk to the Board by her manual signature. - 8 - In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds or any of the aforesaid documents shall cease to be such officer before the deliv- ery of the Bonds or any of the other aforesaid documents, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same a■ if such officer had remained in office until delivery. The Presi- dent of the Board, the Clerk to the Board and other offi- cials of tho Public Body are hereby authorized and empow- ered to do all such acts and things and execute such documents and certificates as the President of the Board may determine to be necessary to carry out and comply with the provisions hereof. SECTION 6. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bonds shall be executed, issued and delivered at any time or from time to time and in such amount or amounts not exceeding, in the aggregate, the principal amount of $4,000,000 as the President of the Board shall prescribe. SECTION 7. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bonds shall he dated, shall be in such denominations, shall be of such form and of such tenor, shall be payable in such amounts at such times not exceeding 30 years from the date thereof and at such place or places as the Presi- dent of the Board shall proscribe or approve in a written order or otherwise. SECTION 8. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bonds may be subject to redemption prior to maturity - 9 - 697 upon such terms and conditions as the President of the Board shall prescribe or approve in a written order or otherwise. SECTION 9. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That prior to the issuance, sale and delivery of the Bonds, in a written order or otherwise, the President of the Board I� shall: (a) prescribe the form, tenor, terms and conditions of and security for the Bonds; (b) prescribe the amounts, rate or rates of interest, denominations, date, maturity or maturities (within the limits herein prescribed), and the place or places of payment of the Bonds, and the terms and condi- t!on An,i details under which the Bonds may be called for redemption prior to their stated maturity; (c) if a Financing Agreement is entered II into, appoint a bank having trust powers, or a trust company, as Trustee for the Bonds and appoint a paying agent or agents for the Bonds, which may be the Trustee; (d) approve the form and contents, and au- thorize the execution and delivery (where applicable) of (i) the Financing Agreement and (ii) such other documents, including (without limitation) mortgages, deed■ of trust, guaranties and security instruments as the President of the Board shall deem necessary to effectuate the issuance, sale and delivery of the Bonds; (e) determine the time of execution, issu- Anew. eels and delivery of the Bonds and prescribe any and all other details of the Bonds; - 10 - (f) provide for the direct payment by the Facility Applicant of all costs, fees and expenses incurred by or on behalf of the Public Body in connection with the issuance, sale and delivery of the Bonds, including (with- out limitation) costs of printing (if any) and issuing the Bonds, legal expenses (including the fees of Bond Counsel and counsel to the Public Bcdy) and compensation to any person (other than full-time employees of the Public Body) performing services by or on behalf of the Public Body in connection therewith; (g) if a Financing Agreement is entered into, provide for the issuance and sale (subject to the passage at the time of an appropriate ordinance authorizing the same) of one or more series of additional bonds and one or more series of Lefunding bonds; and (h) do any and all things, and authorize the officials of the Public Body to do any and all things, necessary, proper or expedient in connection with the issu- ance, sale and delivery of the Bonds. SECTION 10. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Financing Agreement shall contain such terms, provi- sions and conditions as the President of the Board shall prescribe or approve in a written order or otherwise. SECTION 11. AND BE IT FURTHER RESOLVED BY THE £OARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Financing Agreement shall also contain such terms, provisions and conditL.ons as the President of the Board ihall prescribe jr, a written order __ cths_wi._ for the. protection and enforcement of the rights and remedies of the holders of the Bonds. C � SECTION 12. AND BE IT FURTHER RESOLVED BY THE BOARD OF COMMISSIONERS OF WASHINGTON COUNTY, That, as authorized by the Act, the Bonds shall be sold by private (negotiated) sale upon such terms and conditions as shall be approved by the President of the Board in a written order or otherwise. SECTION 13. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the provisions of this Resolution are severable, and if any provisions, sentence, clause, section or part hereof is held illegal, invalid or unconstitutional or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any -)f the remaining provisions, sentences, clauses, sections, or parts of this Resolution or their application to other persons or circumstances. It is here- by declared to be the legislative intent that this Resolu- tion would have been passed if such illegal, invalid or unconstitutional provision, sentence, clause section or part had not been included herein, and if the person or circumstances to which this Resolution or any part hereof are inapplicable had been specifically exempted herofrom. SECTION 14. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That this Resolution shall take effect from the date of its enactment. ADOPTED by the Board of County Commissioners of Washington County, Maryland onS_,_ 1982. - 12 - 699 700 [COUNTY SEAL] ATTE Kat ryn ort, Clerk to the Board of County Commissioners of Washington County, Marylan art n L. Snoo , President of the Board of County Commissioners of d Washington County, Maryland R. Lee Downey, Vice President of th card of ty Commissione a rton R. o m n, Commissioner Commissioner haries F. Wagamaiyjj Jr., Commisaioner 1, Kathryn Short, Clerk to the Board of County Commissioners of Washington County, do hereby certify that the foregoing is a true and correct copy of a Resolution adopted at a meeting of the Board of County Commissioners of Washi�yton County duly called, convened and held 1982, at which meeting a uorum of the Board of County Commissioners was present anjt acting throughout. Kat ryn or Clerk to the Board of County Commissioners of Washington County, Maryland [COUNTY SEAL] Approved as to legal form and sufficiency W. Warren St.t County Attorney 8881C sr - 13 - am c ) Jr =rl► eu yO� Wet M•• IUD J __ . COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND SINGLE FAMILY MORTGAGE REVENUE BONDS Series 1981 BOND PURCHASE AGREEMENT December , 1981 County Commissioners of Washington County Courthouse Annex Hagerstown, Maryland 21740 Gentlemen: On the basis of the representations, warranties and covenants and upon the terms and conditions contained in this Bond Purchase Agreement, or any supplement or amendment hereto (the "Bond Purchase Agreement") the undersigned, Ferris & Company, Incorporated and Butcher & Singer Inc. (the "Representatives"), on behalf of themselves and as representatives of a group of underwriters (the "Underwriters"), hereby offer to purchase from you $ aggregate principal amount of your Single Family Mortgage Revenue Bonds, Series 1981 (the "Bonds"), to be issued by the County Commissioners of Washington County, Maryland (the "County"), acting by and through the Board of County Commissioners of Washington ,County, Maryland (the "Board") , under and pursuant to Resolutions of the County adopted on November 10, 1981 and on December 0, 1981, and an Indenture of Trust dated as of December 15, 1981 (the "Indenture") between you and The First National Bank of Maryland, Baltimore, Maryland (the "Trus$ a") . SECTION 1. YOUR REPRESENTATIONS, WARRANTIES AND AGREEMENT. By your acceptance hereof, you hereby represent and warrant to, and agree with, the Underwriters thatz (a) The County is a public body corporate and politic, and a political subdivision of the State of K,--,Ynnr -4- il".1., .l orv,mniz...N nd izti... radar .7...... .. �i��s. uy u•• Artt 1_ M,tr . ate, n vit, Section�1 of the Constitution of Maryland, Article 25 of the Annotated Code of Maryland and the Code of Public Local Laws of Washington County, which is Article 22 of, j the Code of Public Local Laws of Maryland, as amended. Pursuant to the Constitution and laws of the State of Maryland, particularly Section 266 of Article 4. of the Annotated Code of Maryland (1978 Repl. Vol. and 1981 Cum. -- Supp.), as enacted by Chapter 748 of the Laws of Maryland of 1980 and Chapter 70 of the Laws of Maryland of 1981, _— (the "Act"), and Section 219 of Article 25 of the Annotated Code of Maryland (1981 Repl. Vol.), as enacted =_ by Chapter 102 of the Laws of Maryland of 1960, the County is authorized to carry out the public purposes described in the Act, by issuing its revenue bonds to make funds available through private mortgage lending institutions for residential mortgage loans to low and moderate income persons and families, for the construction, purchase, reconstruction or rehabilitation of housing in Washington County, Maryland, by acquiring Mortgage Loans (as defined in the Indenture) pursuant to the terms and conditions of the Mortgage Origination and Servicing Agreements, dated as of December 15, 1981 and the Offers to Originate and Service Single Family Mortgage Loans (collectively, the "Agreement"), between the County and specified lending institutions transacting business in Maryland (the "Lenders"), by making a refundable financial contribution in an amount not to exceed $500,000 to be provided on the date of issuance of — the Bonds for the purpose of providing a necessary insurance fund for the Bonds, by entering into the Assistance Agreement with the City of Hagerstown, Maryland, dated as of November 3, 1981, and by pledging =_ and assigning the Mortgage Loans (as defined in the Indenture) and the payments to be received pursuant thereto and its right, title and interest as set forth in the Indenture, as security for the payment of the principal of and interest on the Bonds. (b) The County has complied, or will have complied prior to the Closing Date, with all provisions of the Constitution and laws of the State of Maryland, including the Act, and has or at the Closing Date will have full power and authority to consummate all transactions contemplated by this Bond Purchase Agreement, the Bonds, the Indenture, the Agreement, the Notes and any and all other agreements relating thereto. __ (c) JUl of the information contained under the ceotions "THE COUNTY" and "Appendix B --General = __ Ir:formation Regarding Washington County" in the preliminary Official Statement dated November 30, 1981, -2- and in the Official Statement, when finally reviewed and approved for distribution, and in any amendment or supplement that may be authorized for use by you with respect to the Bonds (hereinafter collectively referrea to as the "Official Statement"), is and, as of the Closing Date (as hereinafter defined), will be true and will not contain any untrue statement of a material fact and will not omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading. (d) You have duly authorized all necessary action to be taken by you for: (1) the issuance and sale of the Bonds upon the terms set forth herein and in the Indenture, the Agreement, and the Official Statement; (2) the execution and delivery of the Indenture, providing for the issuance of and security for the Bonds (including the pledge and assignment by you of the rights of the County under the Agreement and amounts to be received therefrom to pay the principal of, premium, if any, and interest on the Bonds) and appointing the Trustee as trustee, paying agent and bond registrar, and a co -paying agent under the Indenture; (3) the approval of the Official Statement and its use in connection with the public offering of the Bonds and the execution of the Official Statement by your President; (4) the purchase and servicing of the Mortgage Loans pursuant to the Indenture and the Agreement; (5) the execution, delivery, receipt and due performance of this Bond Purchase Agreement, the Bonds, the Indenture, the Agreement and any and all such other agreements and documents as may be required to be executed, delivered and received by you in order to carry out, give effect to and consummate the transactions contemplated hereby and by the Indenture, the Agreement, and the Official Statement; and (6) the carrying out, giving effect, to and consummation of the transactions contemplated hereby and by the Indenture, the Agreement and the Official Statement, including the filing of any financing statements necessary to perfect the security interest granted under the Indenture. Executed counterparts of the indenture and the Agreement and signed copies of the Official Statement will be delivered to the Underwriters by you on the Closing Date (as hereinafter defined). (e) There is no action, suit, proceeding, inquiry or investigation at law or in equity before or by any court, public board or body pending or, to your -3- knowledge, threatened against or affecting you (or, to your knowledge, any basis therefor), wherein an unfavorable decision, ruling or finding would adversely affect the transactions contemplated hereby or by the Official Statement or the authority for the issuance of, or the validity of the Bonds, the Indenture, the Agreement, this Bond Purchase Agreement or any agreement or instrument to which you are a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby or by the Official Statement. (f) The execution and delivery of the Official Statement (when completed), and the execution, delivery, receipt and due performance of this Bond Purchase Agreement, the Bonds, the Indenture, the Agreement and the other agreements contemplated hereby and by the Official Statement, and compliance with the provisions thereof, will not conflict with or constitute on your part a breach of or a default under any existing law, court or administrative regulation, decree or order or any agreement, indenture, mortgage, lease or other instrument to which you are subject or by which you are or may be bound. (g) You have not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that you are a bond issuer whose arbitrage certifications may not be relied upon. (h) You will not knowingly take any action or permit any action which is within your control to be taken which would impair the exemption from federal income taxation of interest on the Bonds. (i) Any certificate signed by any member of the Board or by any of your authorized officers and delivered to the Underwriters shall be deemed a representation and warranty by you to the Underwriters as to the statements made therein. SECTION 2. PURCHASE, SALE AND DELIVERY OF THE BONDS. On the basis of the representations, warranties and covenants contained herein and in the other agreements referred to herein, and subject to the terms and conditions herein set forth, on the Closing Date (as hereinafter defined) the Underwriters severally agree to purchase from you all, but not less than all of the Bonds, in the respective amounts shown on Exhibit A hereto, and you agree to sell to the Underwriters the Bonds at a price of 4 , plus accrued interest from the date of the Bonds to the Closing Date. It shall be a. condition of your obligation to sell and deliver the Bonds to the Underwriters that the entire above - specified aggregate principal amount of the Bonds shall be accepted and paid for by the Underwriters at the Closing Date (as hereinafter defined), unless a different amount shall be agreed upon by the parties in writing. It shall be a condition of the obligation of the Underwriters to purchase and accept delivery of the Bonds that the entire above specified aggregate principal amount of the Bonds shall be tendered for sale and delivery by you, unless a different amount shall be agreed upon by the parties in writing. The Bonds shall be issued under and secured as provided in the Indenture, and the Bonds shall be in the principal amounts and have the maturities and interest rates as set forth in Exhibit B. Payment for the Bonds shall be made by certified or official bank check or draft in clearing house funds (next day) payable to the order of the Trustee for your account at the offices of Kutak Rock & Huie, 1101 Connecticut Avenue, N.W., Washington, D.C., at 2:00 p.m. EST on December 29, 1981, or at such place, time and date as shall be mutually agreed upon by you and the Underwriters, but not later than December 31, 1981. Thu date of such delivery and payment is herein called the "Closing Date," the hour of ouch delivery and payment is herein called the "Closing Time," and such delivery and payment is herein called the "Closing." The delivery of the Bonds shall be made in definitive form, bearing CUSIP numbers (provided neither the printing of a wrong number on any Bond nor the failure to print a number thereon shall constitute cause to refuse delivery of any Bond) and issued as coupon bonds or as fully registered bonds (in such denominations as the Underwriters shall specify in writing at least forty-eight (48) hours prior to the Closing Time). The Bonds shall be available for examination and packaging by the Underwriters at least twenty-four (24) hours prior to the Closing Time. SECTION 3. CONDITIONS TO THE UNDERWRITERS' OBLIGATIONS. The Underwriters' obligations hereunder shall be subject to the due performance by you of your obligations and agreements to be performed hereunder at or prior to the -5-- Closing Date and to the accuracy of and compliance with your representations and warranties contained herein, as of the date hereof and as of the Closing Date, and are also subject to the following conditions: (a) The Bonds, the Indenture, the Agreement and the Official Statement shall have been duly authorized, executed and delivered in a form acceptable to the Underwriters with only such changes therein as shall be mutually agreed upon by you and the Underwriters. (b) At the Closing, the Underwriters shall receive: (1) (a) The unqualified approving opinion, dated as of the Closing Date, of Kutak Rock E Huie, Bond Counsel, substantially in the form attached hereto as Exhibit C; (b) the opinion, dated as of the closing Date, of W. Warren Stultz, Esq., your Counsel, in the form attached hereto as Exhibit D; (c) the opinion, dated as of the Closing Date, of Kutak Rock & Ruie, counsel to the Underwriters in the form attached hereto as Exhibit E; (d) the opinion, dated as of the Closing Date, of Counsel to the Trustee, in the form attached hereto as Exhibit F, and (e) the opinion, dated as of the Closing Date, of counsel to each Lender, in the form attached hereto as Exhibit G. (2) A certificate, satisfactory to the Representatives, of your President, or any other duly authorized officer of the County satisfactory to the Representatives, attested by your Clerk, dated as of Closing Date, to the effect that: (i) you have authorized, by all necessary action, the execution, delivery, receipt and due performance of the Bonds, the Indenture, the Agreement and any and all such other agreements and documents as may be required to be executed, delivered and received by you to carry out, give effect to and consummate the transactions contemplated hereby and by the Official Statement; (ii) no litigation is pending, or, to your knowledge, threatened, to restrain or enjoin the issuance or sale of the Bonds or in any way affecting any authority for or the validity of the Bonds, the Indenture, the Agreement or your existence or powers or your right to acquire the Mortgage Loans and (iii) the a ecuticr, dcli:'ery, receipt and due performance of the Bonds, the Indenture, the Agreement and the other agreements contemplated hereby and by the Official Statement under the circumstances contemplated hereby and thereby and your compliance with the provisions thereof will not conflict with or constitute on your part a breach of or a default under any existing law, court or administrative regulation, decree or order or any agreement, indenture, lease or other instrument to which you are subject or by which you are or may be bound, and (iv) you have duly performed all of your obligations to be performed on or prior to the Closing Date and that each of your representations and warranties contained herein is true as of the Closing Date; (3) A certificate, satisfactory to the Representatives, of a duly authorized officer of the County satisfactory to the Underwriters, dated as of the Closing Date, to the effect that the information contained in the Official Statement under the caption "THE COUNTY" and "Appendix B --General Information Regarding Washington County" is true and does not contain any untrue statement of a material fact and does not omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading; (4) A certificate, satisfactory to the Representatives, of a duly authorized officer of each Lender satisfactory to the Underwriters, dated as of the Closing Date, to the effect that the information contained in the Official Statement respecting such Lender under the caption "THE LENDERS" is true and does not contain any untrue statement of a material fact and does not omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading: (5) Evidence that Moody's Investors Service, Inc. has assigned the rating of at least to the Bonds and that Standard & Poor's Corporation has assigned the rating of at least to the Bonds; and (6) Such additional certificates and other documents, agreements and opinions as the Underwriters may reasonably request to evidence '-7- performance of or compliance with the provisions hereof and the transactions contemplated hereby and by the Official Statement, all such certificates and 11111 other documents to be satisfactory to the Underwriters and their counsel. SECTION 4. THE UNDERWRITER'S RIGHT TO CANCEL. The Underwriters shall have the right to cancel their obligations hereunder to purchase Bonds (and such cancellation shall not constitute a default for purposes of Sections 2 and 7 hereof) by notifying you in writing or by telegram of their election so to do between the date hereof and the Closing Time, if at any time hereafter and prior to the Closing Time: (a) A committee of the House of Representatives or —_ the Senate of the Congress of the United States shall — have pending before it legislation, or a tentative decision with respect to legislation shall be reached by a committee of the House of Representatives or the Senate of the Congress of the United States of America, or legislation shall be favorably reported by such a committee or be introduced, by amendment or otherwise, in, or passed by, the House of Representatives or the Senate, or recommended to the Congress of the United States of America for passage by the President of the United States of America, or be enacted by the Congress of the United States of America, or a decision by a court established under Article III of the Constitution of the — United States of America, or the Tax Court of the United States of America, shall be rendered, or a ruling, regulation or order of the Treasury Department of the United States of America or the Internal Revenue Service shall be made or proposed, or which would have or has the purpose or effect of imposing federal income taxation, or any other event shall have occurred which would result or results in the imposition of federal income taxation, upon revenues or other income of the general character to be derived by the County or by any similar body or upon interest received on obligations of the general character of the Bonds, or the Bonds, which, in the Underwriters' opinion, materially adversely affects the market price of the Bonds (hi Any 1QaiglAtlnn, nrdinAncn_ ru?a nr rnaii1Ahinn shall be introduced in or be enacted by any governmental -' body, department or agency in the State of Maryland, or a -8- decision by any court of competent jurisdiction within the State shall be rendered which, in the Underwriters' opinion materially adversely affects the market price of the Bonds; (c) A stop order, ruling, regulation or official statement by, or on behalf of, the Securities and Exchange Commission or any other governmental agency having jurisdiction of the subject matter shall be issued or made to the effect that the issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds, including all the underlying obligations, as contemplated hereby or by the Official Statement, is in violation or would be in violation of any provision of the federal securities laws, the Securities Act of 1933, as amended and as then in effect, or the registration provisions of the Securities and Exchange Act of 1934, as amended and as then in effect, or the qualification provisions of the Trust Indenture Act of 1939, as amended and as then in effect; (d) Legislation shall be enacted by the Congress of the United States of America, or a decision by a court of the United States of America shall be rendered, to the effect that obligations of the general character of the Bonds, or the Bonds, including all the underlying obligations, are not exempt from registration under or from other requirements of the Securities Act of 1933, as amended and as then in effect, or the Securities Exchange Act of 1934, as amended and as then in effect, or that the Indenture is not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended and as then in effect; (e) Any event shall have occurred, or information become known, which, in the Underwriters' opinion, makes untrue in any material respect any statement or information contained in the Official Statement as originally circulated, or has the effect that the Official Statement as originally circulated contains an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading; (f) Additional material restrictions not in force as of the date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national securities exchange; -9- (g) The Comptroller of the Currency, the New York Stock Exchange or other national securities exchange, or any governmental authority, shall impose, as to the Bonds or obligations of the general character of the Bonds, any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by, or the charge to the net capital requirements of, or financial responsibility requirements of, the Underwriters;' (h) A general banking moratorium shall have been established by federal, New York or Maryland authorities; (1) A war involving the United States of America shall have been declared, or any conflict involving the armed forces of the United States of America shall have escalated, or any other national emergency relating to the effective operation of government or the financial community shall have occurred, which, in the Underwriters' opinion, materially adversely affects the market price of the Bonds; or (j) Any rating of the Bonds or the rating of any class of security of the County shall have been downgraded by any rating agency, or the conditions of any rating agency regarding the final approval of any rating of the Bonds shall not have been satisfied, which, in the Underwriters' opinion, materially adversely affects the market price of the Bonds. SECTION 5. CONDITIONS OF YOUR OBLIGATIONS. Your obligations hereunder are subject to the Under- writers' performance of their obligations hereunder. SECTION 6. GOOD -FAITH DEPOSIT. Delivered to you herewith is a certified or official bank check payable to the order of the County in the amount of $ (1% of the aggregate principal amount of the Bonds) as a good -faith deposit for the performance by the Underwriters of their joint and saveral obligations to accept and, pay for the Bonds at the Closing in accordance with the provisions of this Bond Purchase Agreement. Such check may be cashed by you and the proceeds thereof held as security for tine performance by the Uiid wzilnia of Liicii obxiyatio.� under this Bond Purchase Agreement until the Closing. In the event you do not accept this offer, such check shall be -10- immediately returned to us. At the deliver of the Bonds, the amount of such check shall be applied in partial payment of the purchase price of the Bonds. In the event of your failure to deliver the Bonds at the Closing, or if you shall be unable to satisfy the conditions to the obligations of the Underwriters contained herein (unless such conditions are waived by the Underwriters), or if the obligations of the Underwriters shall be terminated for any reason permitted herein, the amount of such check shall be immediately returned to us and such return shall constitute a full release and discharge of all claims by the Underwriters against the County arising out of the transactions contemplated hereby. In the event that the Underwriters fail (other than for a reason permitted herein) to accept and pay for the Bonds at the Closing as herein provided, the proceeds of such check shall be retained by you as and for liquidated damages for such failure and for any defaults hereunder on the part of the Underwriters, and such retention shall constitute a full release and discharge of all claims by the County against the Underwriters arising out of the transactions contemplated hereby. SECTION 7. REPRESENTATIONS, WARRANTIES AND AGREIMENT TO SURVIVE DELIVERY. All of your representations, warranties and agreements shall remain operative and in full force and effect, regardless of any investigations made by the Underwriters on their own behalf, and shall survive delivery of the Bonds to the Underwriters. SECTION 8. PAYMENT OF EXPENSES. Al]. expenses and costs to effect the authorization, preparation, issuance, delivery, and sale of the Bonds (including, without limitation, the fees and disbursements of Kutak Rock & Huie, Bond Counsel, W. Warren Stultz, as counsel to you and the expenses and costs for the preparation, printing, photocopying, execution and delivery of the Bonds, the Official Statement, related underwriting documents, the Indenture, the Agreement and all other agreements and documents contemplated hereby, expenses incurred in connection with any survey or study of the relevant housing mortgage market, and any rating agency fees shall be paid by you out of the proceeds of the Bonds, provided that if the Underwriters fail to accept delivery of the Bonds for any reason other than your failure to satisfy the conditions set forth in Section 3 hereof or the Underwriters' election to -11- cancel their obligations hereunder for any of the reasons stated in Section 4 hereof, such fees shall be paid by the Underwriters. If the Bonds are not issued and delivered by you to the Underwriters for any reason, you shall be obligated to pay only the following fees and expenses: rating agency fees, one-half of printing costs, if any, and the out-of-pocket expenses of Bond Counsel. The fees and disbursements of Kutak Rock & Huie, in their capacity as counsel to the Underwriters, for services provided in connection with the contemplated Bond sale, including the preparation of the preliminary Official Statement, the final Official Statement, and Blue Sky Survey will be paid for by the Underwriters. The fees and disbursements of Caine Gressel Midgley Slater Incorporated, financial consultant to the Underwriters, will be paid for by the Underwriters. SECTION 9. USE OF OFFICIAL STATEMENT. Upon approval thereof, you will ratify and confirm the Underwriters' authority to use the preliminary Official Statemeutt and you will authorize the use of, and will make available, the Official Statement for the use by the Underwriters in connection with the sale of the Bonds. SECTION 10. NOTICE. -- Any notice or other communication to be given to you under this Bond Purchase Agreement may be given by mailing or delivering the same in writing to President, County Commissioners of Washington County, Maryland, County Office Building, 33 West Washington Street, Hagerstown, Maryland = 21740, Attention: Annette van Hilst; and any notice or other communication to be given to the Underwriters under this Bond Purchase Agreement may be given by delivering the same in = _ writing to Farris & Company, Incorporated, 1720 Eye Street, N.W., Washington, D.C. 20006, Attention: Nathan Betnun, or to Butcher & Singer Inc., 1500 Walnut Street, Philadelphia, Pennsylvania 19102, Attention: Daniel P. O'Connell. SECTION 1.1. APPLICABLE LAW; NONASSIGNABILITY. This Bond Purchase Agreement shall be governed by the 1j of the C$-*te of,find Ativ,'h*.,e E,. roomer+$ - shall not be assigned by either party. -12- SECTION 12. PARTIES IN INTEREST. This Bond Purchase Agreement has been and is made for the -- benefit of the County and the Underwriters and no other persons shall acquire or have any rights or interests under or by virtue hereof. SECTION 13. EXECUTION OF COUNTERPARTS. This Bond Purchase Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. Very truly yours, FERRIS & COMPANY, INCORPORATED, for the Underwriters By BUTCHER & SINGER INC., for the Underwriters By Accepted as of the date first above written: COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND, acting by and through the Board of County Commissioners of Washington County, Maryland By = President, SoaraUCounty — - Commissioners of Washington County -13- EXHIBIT C December 29, 1981 County Commissioners of Washington County Hagerstown, Maryland Re: $ County Commissioners of Washington County, Maryland, Single Family Mortgage Revenue Bonds, Series 1981 Gentlemen: We have acted as bond counsel in connection with the issuance and sale by the County Commissioners of Washington County, Maryland, a public body corporate and politic and a political subdivision organized under the Constitution and laws of the State of Maryland (the "County"), of $ aggregate principal amount of Single Family Mortgage Revenue Bonds, Series 1981 (the "Bonds") to provide moneys for the County's program of financing the acquisition from certain lending institutions (the "Lenders") of newly originated first mortgage loans (the "Mortgage Loans") made to eligible persona and families (the "Eligible Persons and Families"). The Bonds are being issued under and pursuant to a Trust Indenture, dated as of December 15, 1981, between the County and The First National Bank of Maryland, Baltimore, Maryland, as Trustee (the "Indenture"). The Bonds are issuable as coupon bonds dated December 1, 1981 in the denomination of $5,000 each, registrable as to principal only, and as fully registered Bonds without coupons in the denominations of $5,000 and any integral multiple thereof. Subject to the limitations and upon payment of the charges provided in the Indenture, coupon Bonds and registered Bonds without coupons are interchangeable. The Bonds are subject to mandatory and optional redemption by the County prior to maturity at the times, in the manner and upon the terms provided in the Bonds and in the Indenture. The Bonds and the interest thereon are limited obligations o t e County. The principalprincipil and interest on the Bonds shall begayable_ solely_ from the revenues and other moneys led ed therefor in the Indenture Including Bond proceeds, the revenues 1Tved from Interest, mortgage insurance, casualty or special hazard insurance or other insurance proceeds, condemnation proceeds, or other revenuesderived ve rom the Mortgage Loans, property secur n the Mortgage Loans, or other payments or revenues der '. rom or relating to the making of the Mortgage Loans, and the De t Service Insurance Reserve Fund. Neither the Bonds nor the interegt thereon shall ever constitute an indebtedness or a care against the general credit or taxinpowers of tfio County or an indebtedness to which the fa t and credit o the County s p1eaed, within the meaTn9 o an constitution, county code provision, or statutory m.tat on and neither shall ever constitute or give rise to any pecuniary a t of the County, nor in any event shall the Bonds be payabTa out of any revenues or moneys of the Count = other than those pledged ere or. The Bonds mature on July 1 of the years and in the principal amounts, and bear interest at the rates per annum, all as set forth below. Principal Interest Principal Interest Year Amount Rate Year Amount Rate 1984 ...... $ 1993 ..... 1985 ...... 1994 ......$ B — 1986 ...... 1995 ...... 1987 ...... 1996 ...... 1988 ...... 1997 ...... 1989 ...... 1998 ...... 1990 ...... 1999 ...... 1991 ...... 2000 ...... 1992 ...... 2013 ...... The Bonds maturing on July 1, 2013, are subject to mandatory redemption in part by lot on July 1, 2001 and on each July 1 thereafter to and including July 1, 2012, at the —_ principal amount thereof plus accrued interest to the redemption date, in the years and amounts set forth below. Year Amount Year Amount 2001 ....... $ 2007 ....... $ 2002 ....... iOIO ....... 2003 ....... 2009 ....... 2604 ....... 2010 ....... 200!i ....... 201.1 ....... 2006 ....... 2012 ....... C-2 In connection with the issuance of the Bonds, we have examined (a) certified copies of the Resolutions adopted by the County on November 10, 1981, and on December 8, 1981 (collectively the "Resolutions") and the Indenture, (b) executed Bond No. 1 of said issue of Bonds, (c) a certified copy of the form of Mortgage Origination and Servicing Agreement to be executed by each Lender, which Agreement includes the form of certain documents, certifications and affidavits to be executed by each Eligible Person or Family, Lender and Seller of a residence financed by a Mortgage Loan and (d) such other opinions, documents, certificates and letters as we deem relevant and necessary in rendering this opinion. From such examination, we are of the the opinion that: 1. The County is a public body corporate and politic and a political subdivision of the State of Maryland. Pursuant to the Act, the County is empowered — - to issue the Bonds for the purpose of acquiring mortgage loans to finance single family housing in Washington County, Maryland, for Eligible Persons and Families and to pledge and grant a security interest in the revenues and the amounts in the Funds and Accounts established by the Indenture. 2. The Bonds have been validly authorized, executed and issued in accordance with the laws of the State of Maryland and represent valid and binding limited obligations of the County. The principal of, premium, if = any, and interest on the Bonds shall be payable solely from, and pursuant to the Indenture secured by a pledge of and security interest in, the revenues and the amounts in the Funds and Accounts established by the Indenture. 3. The Indenture has been duly adopted by the County and accepted by the Trustee. 4. The obligations of the County contained in the Bonds, the Agreement and the Indenture, and the enforceablity thereof, are subject to general principles of equity which may permit the exercise of judicial discretion, the reasonable exercise in the future by the State of Maryland and its governmental bodies of the police power inherent in the sovereignty of the State, applicable bankruptcy, insolvency, moratorium or similar laws relating to or affecting creditors' rights generally, and the exercise by the United States of America of the powers delegated to it by the Constitution. C-3 5. Interest on the Bonds is exempt from federal income taxation under existing laws, regulations, rulings and judicial decisions, and the principal of and interest on the Bonds, their transfer and any income derived from the Bonds including any profit made in their sale or transfer, are exempt from taxation by the State of Maryland and by its several counties under existing law, except that no opinion is expressed as to such exemption from Maryland franchise taxes or estate or inheritance taxes. Very truly yours, KUTAK ROCK & HUIE C-4 EXHIBIT D [Letterhead of County Commissioners of Washington County] December 29, 1981 Ferris & Company, Incorporated 1720 Eye Street, N.W. Washington, D.C. 20006 Butcher & Singer Inc. 1500 Walnut Street Philadelphia, Pennsylvania 19102 Kutak Rock & Huie 1101 Connecticut Avenue, N.W. Washington, D.C. 20036 Gentlemen: I am Counsel for the County Commissioners of Washington County (the "County"), and in connection with the issuance on this date by the County of $ aggregate principal amount of its Single Family Mortgage Revenue Bonds, Series 1981 (the "Bonds"), issued under a Trust Indenture dated as of December 15, 1981 (the "Indenture") between the County and The First National Bank of Maryland, as trustee (the "Trustee"), I have examined, among other things, the following: 1. The public records, proceedings and documents in connection with the organization and establishment of the County which I consider necessary for the purpose of this opinion. 2. The proceedings of the County authorizing and approving the following: (a) the execution and delivery of Offers to Originate and Service Single Family Mortgage Loans, Notices of Acceptance and Mortgage Origination and Servicing Agreements dated as of December 15, 1981, (collectively, the "Agreement") between the County and private mortgage lending institutions transacting business in the County (the "Lenders"); (b) the execution and delivery of the Assistance Agreement dated as of November 3, 1981, between the County and The City of Hagerstown, Maryland (the "City"); (c) the execution and delivery of the Indenture; (d) the issuance and sale of the Bonds; (e) the execution and delivery of a Bond Purchase Agreement dated December , 1981 (the "Bond Purchase Agreement"), between the County and Ferris & Company, Incorporated and Butcher & Singer Inc., as representatives of a group of underwriters (the "Underwriters"); (f) the Preliminary Official Statement, dated November 30, 1981, pertaining to the issuance of the Bonds (the "Preliminary Official Statement"); and (g) the Official Statement, dated December , 1981 (the "Official Statement"). 3. Evidence of the proceedings of the Lenders authorizing the execution and delivery of the Agreement. 4. Evidence of the proceedings of the City authorizing the execution and delivery of the Assistance Agreement. 5. Executed counterparts of the Indenture, the Agreement, the Assistance Agreement, the Bond Purchase Agreement and the Official Statement. 6. Opinions of Counsel to the Participants. Based upon the foregoing and upon such other information and documents furnished to me as I believe necessary to enable me to render this opinion, and in reliance upon the matters referred to in the last two paragraphs of this opinion, I am of the opinion that: (i) The County is a body politic and corporate and a political subdivision of the State of Maryland, duly organized and existing under the Constitution and laws of the State of Maryland, and has the power and authority to carry out anJ consummate all transactions contemplated by the Indenture, the Agreement, the Assistance Agreement, the Bond Purchase Agreement and the Preliminary and final Official Statements. D-2 (ii) The County has complied with the provisions of the Constitution and Laws of the State of Maryland in the adoption of the following resolutions: (a) a resolution on November 10, 1981, making certain findings and authorizing, subject to certain conditions, the issuance by the County of the Bonds, and (b) a resolution on December , 1981, taking all final action in connection with the issuance of the Bonds. (iii) The Agreement has been duly authorized, executed and delivered and constitutes the valid and legally binding limited obligation of the County, enforceable in accordance with its terms, and the amounts provided to be paid by the Lenders under the terms of the Agreement have been validly assigned to the Trustee under the Indenture, except to the extent that the enforcement of the Agreement and such assignment may be limited by general laws relating to bankruptcy, insolvency or other similar laws affecting creditors' rights generally. (iv) The Assistance Agreement has been duly authorized, executed and delivered by the County and is a valid and legally binding agreement of the County, enforceable in accordance with its terms, except to the extent that the enforcement of the Assistance Agreement may be limited by general laws relating to bankruptcy, insolvency or other similar laws affecting creditors' rights generally. (v) The Bonds have been duly authorized, executed and delivered and constitute valid and legally binding limited obligations of the County enforceable in accordance with their terms, and the Indenture has been duly authorized, executed and delivered, and constitutes the valid and legally binding obligation of the County enforceable in accordance with its terms, except to the extent that the rights under the Bonds and the Indenture are subject to general laws relating to bankruptcy, insolvency or other similar laws affecting creditors' rights generally. (vi) The Bond Purchase Agreement has been duly authorized, executed and delivered by the County and is a valid and legally binding agreement of the County, enforceable in accordance with its terms. D-3 (vii) No additional or further approval, consent or authorization by any governmental authority or agency is required of the County in connection with the issuance and sale of the Bonds or the execution or performance by the County of its obligations contained in the Agreement, the Indenture, the Assistance Agreement, the Bond Purchase Agreement or the Preliminary and final Official _- Statements, except that the offer and sale of. the Bonds may be subject to the provisions of the securities or Blue Sky laws of certain jurisdictions. (viii) The execution, delivery and performance by the County of the Agreement, the Assistance Agreement, the Indenture and the Bond Purchase Agreement will not violate any provision of Maryland law or any applicable judgment, order or regulation of any court or of any public or governmental agency or authority of the State of Maryland known to the undersigned, and will not conflict with, or result in the breach of any of the provisions of, or constitute a default under, any indenture, mortgage, deed of trust or other agreement or —_ instrument to which the County is a party or by which it or its properties is bound known to the undersigned. (ix) The Official Statement has been duly authorized, executed and delivered by the County, and to the best of my knowledge, the information contained therein with respect to the County does not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. (x) There is no action, suit, proceeding or investigation at law or in equity, befora or by any court, public board or body pending or, to my knowledge, threatened against or affecting the County or to my knowledge any basis for any such action, suit, proceeding or investigation, wherein an unfavorable decision, ruling or finding would adversely affect the transactions contemplated by the Bond Purchase Agreement or the validity or enforceability of the Bonds, the Agreement, the Assistance Agreement, the Indenture or the Bond Purchase Agreement. D-4 (xi) The County has taken all action required to be taken by it by the Bond Purchase Agreement to authorize the execution, delivery, receipt and due performance of the Indenture, the Agreement, and the Assistance Agreement, and all such other agreements and documents that may be required to be executed and delivered by the County in order to carry out, give effect to and consummate the transactions contemplated by the Indenture, the Agreement, the Assistance Agreement and the Bond urchase Agreement. (xii) The representations and warranties of the County set forth in the Bond Purchase Agreement are, as to all matters of law, and after reasonable investigation on my part, true and accurate and such representations =_ and warranties are, as to all other matters, true and accurate to the best of my knowledge. In rendering this opinion, I have relied upon the opinions of Counsel to the Lenders, referred to in Paragraph iii above, with respect to the due organization of the Lenders, the good standing in the State of Maryland of the Lenders, and the corporate power to enter into and the due execution of the Agreement by the Lenders. Also, in rendering the opinion expressed in the foregoing paragraph (ix), I have not examined the financial statements and other financial data included in the Preliminary or final Official Statement and accordingly, express no opinion thereon. Respectfully submitted, W. Warren Stultz County Attorney Washington County, Maryland D-5 II"i l ' 11 EXHIBIT E (Letterhead of Kutak Rock & Huie) December , 1981 Ferris & Company, Incorporated 1720 Eye Street, N.W. Washington, D.C. 20006 Butcher & Singer Inc. 1500 Walnut Street Philadelphia, Pennsylvania 19102 $14,300,000 County Commissioners of Washington County, Maryland, Single Family Mortgage Revenue Bonds, Series 1981 Gentlemen: We have acted as counsel for you, as the Representatives (the "Representatives") named in the Bond Purchase Agreement dated December 8, 1981, between the County Commissioners of Washington County, Maryland (the "County") and the Underwriters, relating to the sale by the County and the purchase by the Underwriters of $15,000,000 aggregate principal amount of Single Family Mortgage Revenue Bonds, Series 1981 (the "Bonds") , dated as of December 1, 1.981. The Bonds are being issued for the purpose of making funds available through private mortgage lending institutions for residential mortgage loans to low and moderate income persons and families, for the construction, purchase, reconstruction and rehabilitation of housing in Washington County, Maryland. In the course of the preparation of the Official Statement of the County dated December , 1981, with respect to the Bonds (the "Official Statement"), we have generally reviewed information furnished to us by, and we have participated in conferences and telephone conferences with, representatives and officials of the County, its counsel, W. Warren Stultz, Esq. and you, at which conferences the contents of the Official Statement were discussed. We have examined an relied upon the originals, or copies certified or otherwise identified to our satisfaction, of such documents, records, reports, and other instruments as we have deemed necessary or advisable for purposes of rendering this opinion. We have also reviewed other records relating to the authorization, issuance, and sale of the Bonds, and have relied upon certificates of officials of the County and of public officials and upon written opinions and letters received from the County. We have considered the information contained in the Official Statement and, based upon our participation in the aforementioned certificates, written opinions, and letters, nothing has come to our attention which leads us to believe that, as of the date thereof, the Official Statement contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. We express no opinion as to any information in the Official Statement contained under the captions "THE CQUNTY" (except as Lv information reing iv the legal authority of the County to issue the Bonds), "WASHINGTON COUNTY HOME LOAN PROGRAM -Foreclosure," "THE LENDERS," the description of Mortgage Guaranty Insurance Corporation and MGIC Investment Corporation under the caption "MORTGAGE POOL INSURER AND SURETYor in Appendix B thereto. Very truly yours, E-2 EXHIBIT F [Letterhead of December 29, 1981 County Commissioners of Washington County County Office Building 33 West Washington Street Hagerstown, Maryland 21740 Ferris & Company Incorporated 1720 Eye Street, N.W. Washington, D,C. 20006 Butcher & Singer Inc. 1500 Walnut Street Philadelphia, Pennsylvania 19102 $ County Commissioners of Washington County, Maryland Single Family Mortgage Revenue Bonds, Series 1981 Gentlemen: We are the counsel to The First National Bank of Maryland, a national banking association organized and existing under the laws of the United States of America (the "Trustee"), which is serving as trustee in connection with the issuance by the County Commissioners of Washington County, Maryland (the "County") of its $ principal amount of Single Family Mortgage Revenue Bonds, Series 1981 (the "Bonds"). The Bonds are being issued pursuant to Resolutions adopted by the County on November, 10, 1981 and on December 8, 1981 and by an Indenture of Trust dated as of December 15, 1981 (the "Indenture"), pursuant to which the Trustee has been appointed Trustee. In this connection, we are familiar with the Trustee's Charter, as amended to date, and with the Trustee's Bylaws as in force and effect on the date hereof. In addition, an executed copy of the Indenture has been examined. In addition to the examinations outlined above, we have conferred with various officers of the Trustee and have ascertained or verified to our satisfaction such additional facts as we deem necessary or appropriate for the purposes of this letter. Based on the foregoing, and having regard to the legal considerations which we deem relevant, it is our opinion that: (a) The Trustee is a banking organized and validly existing under State of Maryland, is duly authorized powers in the State of Maryland, and power to take all action required Resolution. corporation, duly the laws of the to exercise trust has the corporate of it under the (b) The acceptance and performance of the trusts imposed upon the Trustee under the Indenture have been duly authorized by all necessary corporate action on the part of the Trustee, and under present law do not and will not contravene any law or governmental regulation or order presently binding on the Trustee, or the Charter or the Bylaws of the Trustee, or, to our knowledge, contravene any provision of or constitute a default under any indenture, contract or other instrument to which the Trustee is a party or by which the Trustee is bound. (c) The acceptance and performance of the trusts imposed upon the Trustee under the Indenture do not in themselves require the consent or approval of, the giving of notice to, the registration with, or the taking of any other action in respect of, any federal, state or other governmental agency or authority; provided however that we express no opinion as to federal or state securities laws. (d) The trusts imposed upon the Trustee under the Indenture have been duly accepted by the Trustee and constitute the legal, valid and binding agreement of the Trustee, enforceable against the Trustee in accordance with its terms, except as the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws of€ectirg the enforcement of creditors' rights generally and by the application of equitable principles if equitable remedies are sought. Vert/ truly yours, F-2 EXHIBIT G (LETTERHEAD OF LENDER'S COUNSEL] County Commissioners of Washington County, Maryland Gentlemen: We are counsel to ("Lender") and in such capacity are familiar with (i) the organizational documents of Lender, (ii) the Invitation to Originate and Service, the Offer to Originate and Service Single Family Mortgage Loans and the accompanying Mortgage Origination and Servicing Agreement (collectively, the "Agreement"), all of which relate to the proposed issuance of your Single Family Mortgage Revenue Bonds, Series 1981, and (iii) the obligations to be assumed by Lender under the Agreement. All terms used herein shall have the respective meanings defined in the Agreement unless otherwise expressly stated herein. Based upon the foregoing and our examination of such corporate records of the Lender and other documents and information, statutes and regulations as we have considered relevant and necessary to enable us to render this opinion, we are of the opinion that: (1) The Lender is duly organized, validly existing and in good standing under the laws governing its creation and existence, and is duly authorized and rnnalifiwd nncior the 1AWR of t -hi Si -t- s+ of Maryland to transact in the State of Maryland any and all business I contemplated by the Agreement and possesses all requisite authority, power, licenses, permits and franchises to conduct its business and to execute, deliver and comply with its obligations under the terms of the Agreement, the execution, delivery and performance of which have been duly authorized by all necessary action. (2) The execution and delivery of the Agreement in the manner contemplated therein, by the Lender and performance and compliance with the terms thereof will not violate (i) the instruments creating the Lender or governing its operations, (ii) any laws which could have any material adverse effect whatsoever upon the validity, performance or enforceability of any of the terms of the Agreement applicable to the Lender; and will not cons i u e a a erial default (or an event which, with notice or lapse of time, or both, would constitute a default) under, or result in the breach of, any material contract, agreement or other instrument to which the Lender is a party or which may be applicable to the Lender or any of its assets. (3) The Agreement, and all documents and instruments contemplated thereby, when executed and delivered by the Lender, will constitute valid, legal and binding obligations of the Lender, enforceable in accordance with their respective terms, except as the enforcement thereof may be limited by applicable Debtor Relief Laws. (4) After due inquiry, including such review of corporate books and records provided to us by the Lender and interviews with appropriate officers of such Lender as we have deemed necessary, nothing has come to our attention which would render the information with respect to the Lender furnished to the Issuer in connection with the preparation of the Official Statement inaccurate, incomplete or misleading in any material respect, and, to the best of our, knowledge, such information does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements contained therein, in the light of the circumstances under which they were made, not misleading. G-2 II We are sending a signed copy of this opinion to Kutak Rock & Huie, 1101 Connecticut Avenue, N.W., Washington, D.C. 20036, Bond Counsel, and hereby authorize them to rely upon this opinion, as qualified and limited, in rendering their opinion relating to the issuance of your Single Fami]ey Mortgage Revenue Bonds, Series 1981. Very truly yours, G-3 �L A RESOLUTION of the Board of County Commissioners of Washington County, Maryland authorizing The First National Bank of Maryland, as Trustee under the Indenture, dated as of December 15, 1981, to enter into a flexible repurchase agreement in connection with the investment of moneys in the Acquisition Fund under said Indenture. WHEREAS, THE COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND (the "County"), acting by and through the Board of County Commissioners of Washington County, Maryland (the "Board") has authorized the issuance of County Commissioners of Washington County, Maryland, Single Family Mortgage Revenue Bonds, Series 1981 in an aggregate principal amount not to exceed $15,000,000 for the purpose of funding Mortgage Loans for Single Family Residences in Washington County; WHEREAS, in connection with it is necessary and desirous for agreement for the investment Acquisition Fund under the December 15, 1981, pursuant to (the "Indenture"). the issuance of such Bonds, the Trustee to enter into an of moneys held in the Indenture, dated as of which the Bonds were issued THEREFORE, BE IT RESOLVED by the County, acting by and through the Board, that: SECTION 1: Investment Agreement. The County hereby authorizes the President f the Board to direct the Trustee to enter into a flexible repurchase agreement with an investment banker or other entity in connection with the investment of moneys held in the Acquisition Fund under the Indenture in Permitted Investments, as aefineo in the Indenture. The County hereby delegates to the President of the Board the authority to determine the terms and conditions of such agreement and to deliver a letter on behal.f of the Board to the Trustee reflecting such terms and conditions. SECTION 2: Effective Date. This Resolution shall become effective immediately upon its adoption. ADOPTED this 8th day of December, 1981. [SEAL] COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND re ent n - 2 - ATTEST: Clerk of the Boad of County Commissioners of Washington County, Maryland The undersigned, Clerk of the Board of County Commissioners of Washington County, Maryland, hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by the Board of County Commissioners of Washington County, Maryland, at a meeting duly called and held on December 8, 1981, in accordance with law, that such resolution has not been repealed, revoked, rescinded, or amended, but is in full force and effect on the date hereof. WITNESS my hand and the seal of the County Commissioners of Washington County, Maryland, this 8th day of December, 1981. v -%-_10 er Bo o County Commissioners Commissners of Washington County, Maryland 'teceivec Lor record Oct. 2a, 1963 at 3:00 r. M. 812 Acts, 0rdlnances and i+esoiutlons for Washin,,ton - .ounty ' Libe'c 3 Office of clerk of circuit court tar Wsstiinbton County ba. ON -SITE SEWAGE DISPOSAL ORDINANCL WASHINGTON COUNTY, MARYLAND 813 CERTIFICATE OF APPROVAL AND ADOPTION This ON —SITE SEWAGE DISPOSAL ORDINANCE for Washington County is hereby approved and adopted this 27th day of September 1983, and shall become effective on the 8th day of November 1983. BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND Rona L. Bowe rest ent „ TESTTt4ONY WHEREOF, I hereunto set my hand and the Seal of Washington County this'day ofpjsZ 1983. athryn hort,Clerk 814 ON -SITE SEWAGE DISPOSAL ORDINANCE WASHINGTON COUNTY, MARYLAND TABLE OF CONTENTS Page I ADMINISTRATION OF REGULATIONS .......................... 1 A. Procedures and Standards .......................... 1 B. Penalties, Appeals, Remedies and Severability...,. 2 II DEFINITIONS ............................................ 3 III GENERAL PROVISIONS AND ADMINISTRATIVE POLICIES......... 13 A. General Provisions ................................ 13 B. Inspection of Sewage System Installations......... 16 C. Repair Policy....... 17 D. Management Authority .............................. 18 IV GENERAL SITE LOCATION AND ABSORPTION AREA REQUIREMENTS. 19 A. General information Pertaining to Site............ 19 B. Minimum Horizontal Isolation Distances............ 22 C. Soil Profile Description .......................... 23 D. Percolation Testing ............................... 26 E. Absorption Area Requirements ...................... 30 V INSTALLATION STANDARDS FOR INDIVIDUAL, ON -SITE SEWAGE DISPOSALSYSTEMS ....................................... 35 A. Building Sewer Standards .......................... 35 B. Grease Interceptor Standards ...................... 36 C. Treatment Tank Standards .......................... 37 D. Distribution Box Standards ........................ 42 E. Individual Sewaye Diapossi Systems ................4J 4J 1. General ...................................... 43 2. Standard Trench Systems ...................... 44 815 Table of Contents (Cont.) - ii - 3. Seepage Pits. ............................... 47 4. Standards for Pr.ivies....................... 48 5. Holding Tank Standards ...................... 48 VI INNOVATIVE AND ALTERNATIVE INDIVIDUAL ON -SITE SEWAGE DISPOSAL SYSTEMS., ............. 49 A. Introduction.. . . . . .............. . , .............. 49 B. Innovative and Alternative System Types.......... 52 1. Septic Tank -Sand Mound System........... 52 2. Septic Tank with Alternating Absorption Fields....... ..................... 54 3. Septic Tank -Pressure Do sing System.......... 54 5. Alternative''Tbilet Standards ................ 56 VII SHARED FACILITIES. ..................... ............ . . . 57 A. Administrative Procedures ........................ 57 B. Site Testing Requirements ........................ 59 VIII SUBDIVISION OF LAND FOR DEVELOPMENT USING ON -SITE SEWAGE DISPOSAL. . . . . ......... . . . . . . . . . . . ........ . . . . . . 60 IX HYDROGEOLOGIC STUDY. . . . . . . . . . . . . • . ....... . . . . . • • • • • 61 816 ON -SITE SEWAGE DISPOSAL ORDINANCE WASHINGTON COUNTY, MARYLAND I. ADMINISTRATION OF REGULATIONS A. Procedures and Standards 1. This Ordinance shall be known as "The On -Site Sewage Disposal ordinance for Washington County, Maryland." I 2. The procedures and standards established herein for the regulation of sewage systems and related testing are those adapted from the regulations governing "individual Water Supply and Sewage Disposal Systems for Homes and Other Establishments in the Counties of Maryland Where Public water Supply and Sewerage Systems Are Not Available, COMAR 10.17.02" and "Water Supply and Sewerage Systems in the Subdivision of Land in Maryland, COMAR 10.17.03." The existing requlations have been updated to conform with the unique physical setting of Washington County. The provisions of this Ordinance may be rovised from time to time and are intended to serve as reference minimum standards for the County. The design, installation, and operation of all on -site sewage disposal systems in the County shall conform to this Ordinance. A copy of these standards shall be supplied on request, to any applicant, by the Approving Authority. 3. The construction, installation, alteration, extension, or repair of any on -site sewage disposal system, within the County, shall be in accordance with the procedures, prac- tices, and standards established herein, either directly or by reference. 4. L[1tl L tlK4A 1 L O IIMS i I LA LLJL (2MMUL Illy LIIe 1]U 1LaVLi1Ly vi iS]IIUa proposed for land development or subdivision shall be in 817 accordance with the procedures, practices, and standards established herein, either directly or by reference. 5. Any on -site sewage disposal system, or any part thereof, shall be constructed, installed, altered, extended, or repaired in accordance with the provisions set forth in this Ordinance. On -site sewage disposal permits may not be issued for those sites or systems which do not conform with the provisions set forth in this Ordinance. S. This on -site sewage disposal Ordinance shall be administered by the Washington County Health Department. B. Penalties, Appeals, Remedies, and Sererability 1. Any violation of the regulations of this Ordinance shall con- stitute a misdemeanor offense and shall be punishable upon conviction by a fine of not less than $100 or more than S300 fcr each and every such violation in addition to the costs of prosecution. Each day that a violation continues shall be deemed a separate offense. 2. Any person aggrieved by an action of the Approving Authority may appeal in writing to the County Health Officer, within 30 days after such action or order. The Health Officer shall hold a hearing within 15 days after receiving a written notice of appeal. At that time, the applicant may be represented by counsel, and may present evidence as to why a permit should be issued or retained, or an installed system approved, or an order rescinded or changed. The applicant shall be notified in writing of the decision of the Health Officer, and the reasons for the decision, within oys ,. .� . 818 3. Any person aggrieved by the action of the Health Officer on any appeal may, within 3O days after such action, further appeal in writing to the Washington County Hoard of Health. 4. The provisions of this ordinance shall in no way restrict any remedies otherwise provided by law. 5. The provisions of this ordinance are severable, and if any section, provision, or part thereof shall be held invalid, unconstitutional, or inapplicable in particular circum- stances, such shall not affect or impair the remaining provisions of this Ordinance. 6. The Board of County Commissioners may adopt amendments to the provisions of this ordinance if it is determined by said Board, after public hearing and advance public notice (15 days) of said hearing, that any such amendment will better serve the general purpose of this Ordinance. II. DEFINITIONS For the purpose of these requirements, the following terms, phrases, words, and their derivations shall have the meaning given herein. Words used in the prasent tense include the future, the singular includes the plural, and the plural is the singular. The word "shall" is mandatory, "may" is permissive, = and "may not" is prohibitive. The word "person" means natural person, joint venture, joint stock company, partnership, associ- ation, club, company, corporation, business trust or the manager, lessee, agent, servant, officer or employee of any of them. Absorption Area -- A component of an on -site sewage disposal a., atem whore 1 i-ti 'i ii from free♦mnn4- HrnL an n a into `4,a a ail it consists of an aggregate -filled area containing piping for -3- 819 the distribution of liquid and the soil or sand/soil combina- tion located beneath the aggregate. Aggregate -- Clean coarse material manufactured or otherwise obtained from stone, gravel, or slag, ranging in diameter from 1/2 inch to 2-1/2 inches and used to enclose the distributor pipe in the absorption area of an on -site sewage disposal _ system. Alternative Sewage Disposal System -- Any method of sewage disposal employing the use of a technology which is not specifically recognized by this Ordinance. Alternative Toilet -- Any one of a variety of non -water car- riage toilets or low flow toilets which are alternative to the conventional flush toilet and use little or no water to transport human wastewater products, including but not limited to the followingz a. Chemical Toilet -- A permanent or portable non - flushing toilet using chemical treatment in the retaining tank for odor cortrol. b. Incinerating Toilet -- A device capable of reduc- ing — — waste materials to ashes. C. Composting Toilet -- A device for holding and processing human and organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus -like material. d. Recvcliru� Toilet -- A device in which the flush- ing medium is restored to a condition suitable for reuse in flushing. -- -4- 820 e. Restricted/Low-Flow Toilet -- A water -carriage toilet which makes use of a substantially reduced volume of water. Applicant -- Property owner, building contractor, or any other person making application for an on -site sewage disposal permit. Approving Authority -- The County Health Officer or his designee. Building Sower -- Piping carrying liquid wastes from a building to the treatment tank or holding tank. Chemical Toilet -- A toilet arranged to direct human wastes into a deodorizing and liquifying chemical in a watertight tank. — Cistern -- A watertight container which stores rain water - collected for domestic consumption. Community On -Site Sewage Disposal System -- An on -site sewage disposal system, whether publicly or privately owned, serving two or more individual dwelling units. Developer or Subdivider -- A person undertaking or participating in the development or subdivision of land as defined by the Washington County Subdivision Ordinance. Domestic Sewage --- The liquid or water -carried human wastes derived from residential dwellings, commercial buildings, institutions, and the like, exclusive of wastes derived from industrial processes. Effluent -- Liquid discharge from a sewage treatment tank. -5- 821 Experimental Sewage System -- Any method of sewage disposal employing the use of a technology which is not specifically recognized by this ordinance. Fill Material -- Imported soil material of unspecified grade which has been deposited on the natural, undisturbed soil surface of a site. Geologist -- A person having a B.S. or B.A. degree in geology from an accredited university and having a minimum 5 years experience in hydrogeology. Grease Interceptor -- A receptacle designed to collect and retain grease and fatty substances normally found in kitchen wastes or similar wastes. Groundwater -- Subsurface water which occurs in the earths interconnected pore spaces below the water table, which is the upper limit of the zone of saturation. Holding Tank -- A watertight retaining tank, which includes an alarm and is used for the collection and temporary storage of sewage. Individual On -Site Sewage Disposal System -- A system of piping, tank(s), absorption area(s), or other facilities serving a single residence or dwelling which collects and disposes of sewage effluent into the soil for final treatment. Limiting Zone -- Any horizon or condition in the soil profile or underlying strata which includes: -6- 822 1. A seasonal high water table, whether perched or regional, determined by direct observation of the water table or indicated by soil drainage mottling; 2. Rock with open joints, fractures, or solution channels, or soils with loose rock fragments in excess of 80% by volume, and containing insufficient soil particles to fill the voids between the fragments, such that the medium is so excessively permeable that it fails to provide the effective renovation of infiltrating effluent; and 3. Rock formation, other stratum, or soil condition which is so slowly permeable that it effectively limits down- ward passage of water. Lot -- A part of a subdivision or a parcel of land used as a building site or intended to be used for building purposes. Lot of Record -- Any lot or parcel legally recorded in the land records of Washingtor. County prior to the adoption of this — ordinance. Malfunctioning On -Site Sewage Disoosal System -- An on -site sewage disposal system which fails to function properly, in one or more of the following ways: 1. Sewage backing up in the system. 2. Effluent rising to the ground surface. 3. Effluent passing to the groundwater without adequate rarrtvahinn 1 II ill' I� •• ' 823 Management Authority -- The Board of County Commissioners for Washing ton County. Multi -Use Sewage Disposal System -- An on -site sewage disposal system serving any establishment other than a single-family residence. On -Site Sewage Disposal System -- A system of sewage collection and treatment which distributes sewage effluent through an absorption area that provides for the natural renovation of the liquid wastes by means of filtration, adsorption, and biochemical reactions. Percolation Rate -- The rate of the movement of water through soil, expressed as the number of minutes for a measured water level in a hole to drop 1 inch. Percolation Test -- A required site -testing procedure used to determine the percolation rate and size of the absorption area of a proposed on -site sewage disposal system. Permit -- The on -site sewage disposal permit, authorized by the Washington County Health Department, which is required prior to the installation, alteration, repair, or replacement of any on -site sewage disposal system; also referred to as the Permit for On -Site Sewage Disposal Systems. Portable Toilet -- Any portable toilet designed to provide temporary services at one site for no longer than I year at a time. Preliminary Plat -- A tentative map indicating the proposed subdivision of land, prepared in accordance with the requirements -•3- t 7 824 of this and the Subdivision ordinance as a basis for considera- tion prior to the preparation of the final plat. Privy -- A watertight pit or receptacle, for receiving non - water -carried human body wastes, over which is placed a privy house. Projects -- Proposed subdivisions, multi -use on -site sewage disposal systems or extensions or expansions thereto. Record Plat -- A completed drawing of a subdivision which has been granted final approval and contains all pertinent informs - ion required by the provisions of this Ordinance and the appli- cable laws, ordinances, and regulations pertaining to the subdivision of land in Washington County. Reservoir -- A watertight container, specifically designed to store and protect a potable water supply from contamination. Retaining Tank -- A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. Sand Filter -- A secondary treatment device or structure of graded sand or mixed media, constructed above or below the surface of the ground, for removing solid or colloidal material of a type that cannot ne removed by sedimentation from treatment tank effluent. Scavenger -- Any person engaged in the business of cleaning and emptying septic tanks, holding tanks, seepage pits, privies or any other sewage disposal facility. -9- 85 Seepage Pit -- A dug or drilled hole, deeper than it is wide, which extends into porous soil for the purpose of introducing sewage effluent into the ground. Sewage -- The water -carried wastes created in and carried away from residences, hotels, schools, hospitals, industrial estab- lishments, commercial establishments or any other private or public building. Sewage Disposal System -- A sewage treatment unit, effluent disposal area and related appurtenances. Sewage Treatment Tank -- A device designed and constructed to receive sewage and to provide treatment so as to collect solid organic matter prior to discharging liquid effluent. The device involved may be a septic tank, aerobic treatment unit, or such other approved facility. 1. Septic Tank -- A watertight receptacle which receives the discharge of sewage from a building sewer or part thereof and is designed and constructed so as to permit the settling and the digestion of the organic matter by anaerobic bacterial action. 2. Aerobic Treatment Tank -- A treatment tank which incorporates the principle of oxidation in the enhanced decomposition of sewage by introducing air into the sewage by some mechanical or other means. (Approved units must meet or exceed NSF Standard 40.) Shallow Pinnacle -- Subsurface extensions of bedrock which reach to within 6 feet of the ground surface. -10- 826 Shared Facility -- A water system or on -site sewage disposal system which serves more than one lot of land or more than one user on a single lot of land with water and sewage disposal systems located on the individual lots or on parcels owned in common by the users. A shared facility may be either a multi -use or a community sewage disposal system. Site Testing -- Soil profile descriptions, percolation testing, and other required tests made to determine the suitability of land for on -site sewage disposal. Soil Horizon -- A layer of soil approximately parallel to the soil surface with characteristics produced by soil -forming pro- cesses. Soil Mottling -- Spots or blotches of different color or shades of color interspersed with the dominant soil color, indicating poor drainage characteristics or seasonal high water table. Soil Profile -- A vertical section of the soil through all its horizons and extending from the natural organic layers on the surface to the parent material. Soil Scientist -- A person trained in the classification and interpretation of soils, having a minimum of 15 undergraduate credits (or semestec hours) in soil science and a 8.S. or B.A. degree in agronomy, soil science or related field. Soil Survey -- The scientific inventory consisting of soil maps, soil unit descriptions, classification in the National System, and interpretation for use, as conducted by the National Cooperative Soil Survey by the U.S. Department of Pgriculture -11- 82'' Soil Conservation Service, in cooperation with the Maryland Agriculture Experiment Station. Subdivision -- The division of a lot, tract, or parcel of land, into two or more lots, for the purpose, whether immediate or future, of sale or of building development in conformance with the provisions set forth in the Washington County Subdivision Ordinance. Suitable Soil -- Naturally occurring or artificially added mineral soil, containing less than 20% organic material and less than 80% coarse fragments, which possesses no limiting zones as defined by this Ordinance, and is of sufficient. texture and structure to permit the adequate renovation of infiltrating sewage effluent by means of filtration, adsorption, and bio- chemical reactions. 10,000 -Square -Foot Reserve Absorption Area -- A 10,000 -square - foot area designated by the Health Department on a lot serving a single-family dwelling which shall include the permitted absorp- tion area of the on -site sewage disposal system plus that addi- tional area which may be necessary for accommodating future repairs to or the relocation of the original on -site sewage disposal system. Undisturbed Soil-- Soil which is unaltered by addition (filling), removal, or other man -induced changes which significantly impact the original soil profile, and has remained in this state for a minimum of 4 years prior to the site testing deemed necessary in this Ordinance. Water SuPla -- All potential sources of drinking water such as wells, springs, cisterns, or reservoirs. -12- Waters of Washington County -- Rivers, streams, creeks, rivulets, impoundments, water courses, lakes, dammed water, ponds, springs, and all other bodies or channels of conveyance of surface water and groundwater or any of their parts (whether natural or artificial) within, beneath, or on the boundaries of Washington County, Maryland, Water Table -- The upper surface of groundwater or that level in saturated soil or rock where the free surface pressure is equal to atmospheric pressure. Water Table, Perched -- The water table of a discontinuous saturated zone in a soil. Well-- An artificial excavation or penetration that derives water from the interstices of the rocks or soil which it penetrates. III, GENERAL PROVISIONS AND ADMINISTRATIVE POLICIES A. General Provisions 1. The installation, alteration, extension, or repair of an on -site sewage disposal system may not be made without a written permit from the Approving Authority. Once a permit has been issued, the proposed system shall be installed according to the conditions listed on the permit and the rules and regulations set forth in this Ordinance. 2. Building contractors, sewage disposal system installers, plumbers, and well drillers making installations of water a.,;pPly' o On Ni"G Gzwagy�G eioVvoal ayr.L'ai%a aiia,tl UC JV1llLi -13- responsible for compliance with these regulations with any person for whom the installations are being made. 3. Where public water supply and sewage disposal systems are not available, any person contemplating the construction of a building for human occupancy or use, or addition to or alteration of any existing water supply or sewage disposal system shall, prior to beginning any construction, make application to the Washington County Health Department for a written permit to make the desired installation. a. The sewage disposal permit shall expire after 1 year if construction of the on -site sewage disposal system has not commenced. b. Upon expiration of a permit, reapplication must be made to obtain another permit. 1) Prior to re -issuing the permit, the Approving Authority shall verify by site visit that the proposed absorption area has not been disturbed, 2) If the proposed site has been disturbed, the Approving Authority may require additional site testing as deemed necessary. C. The permit shall expire and become invalid at the expiration of the prescribed time period without written notice to that effect having been given by the Approving Authority. 4. Application for the sewage disposal permit shall be on the form provided by the Health Department and shall include complete plans and specifications for the desired installa- tion. The Approving Authority shall require at least one soil profile description, percolation test, and other pertinent tests to he conducted prior to issuance of a -14- 830 permit. All permit applications reviewed by the Approving Authority for on —site sewage disposal systems shall be submitted along with the required site testing information to the Washington County Building Permits and Inspections Office. 5. When, upon review of the application, the Approving Authority is satisfied that the proposed design mete the standards set forth in this ordinance, a permit to proceed with construction shall be issued. 6. When, upon review of the application, the Approving _— Authority is convinced that the proposed design is inadequate, or soil and geological conditions preclude safe and proper operation of the desired installation, a permit to proceed with construction shall be denied. 7. A permit shall be suspended by the Approving Authority at any time for any one or more of the following reasons, which shall be incorporated into a written suspension: a. When any change has occurred in the physical conditions of any lands which will materially affect the operation of an on -site sewage disposal system; or b. When one or more tests pertinent to the issuance of the permit has not been properly conducted; or c. When information pertinent to the issuance of the permit has been falsified; or d. When it has subsequently been determined that the issu- ance of the permit did not conform to the provisions of this ordinance; or El e. When any of the provisions of this Ordinance have been violated. s -s -15- 831 8. Reinstatement of a previously issued permit shall be provided when it has been shown that the provisions of this ordinance and/or the original permit requirements have been fulfilled. 9. Every Scavenger engaged in the business of removing and dis- posing of the solid and liquid contents of private sewage disposal systems shall obtain an annual permit from the local Health Department. 10. Any application for a sewage system that is designed to have a subsurface discharge greater than 5,000 gpd must be jointly submitted to the Division of Residential Sanitation and to the Approving Authority for review and approval. B. Inspection of Sewage System Installations 1. The Approving Authority may make such inspections or tests as deemed necessary, before or during the installation, so as to assure compliance with the provisions of this Ordinance. 2. The installation may not be covered until it is inspected and given final written approval by the Approving Authority, any part of an installation covered before final approval shall he uncovered upon order of the Approving Authority, 3. The Approving Authority may order correction of any installation found by inspection to not be in accordance with the approved plan and standards, and a new notice of completion shall be effected, following any ordered uncovering or corrective work. -16- 832 4. The Approving Authority shall be notified when the installation is completed, so that a final inspection of the installation may be scheduled. 5. The Approving Authority shall inspect the installation within 48 hours of receiving tho notice of completion, exclusive of weekends, holidays, or inclement weather. 6. All on -site sewage disposal systems shall be covered within 5 calendar days after final inspection and approval exclusive of weekends, holidays, or inclement weather. C. Repair Policy 1. Persons within Washington County may not permit the discharge of any sewage, by reason of malfunction, disrepair, or fault in design, to the ground surface or in any manner create a public nuisance or a possible health hazard. 2. The owner of any real property within the County upon which is located an on -site sewage disposal system shall be responsible for the proper functioning of said system. 3. The Approving Authority may notify by certified mail the owner of any real property upon which there is a malfunctioning on -site sewage disposal system, and require the owner to initiate corrective measures within the time period established in writing by the Approving Authority. 4. When corrections are not made to a malfunctioning on -site sewage disposal system within the time period specified to .'app. Dpr.ote repairs, Lhc Approving Authority snail -17- 833 have the authority to take or have taken such corrective measures as are necessary to abate the nuisance. 5. Proper site testing, as specified in this Ordinance, shall be required prior to enlargement, replacement, or modification of existing on -site sewage disposal systems. 6. Al]. repairs to existing on -site sewage systems shall be per- formed in accordance with the provisions set forth in this ordinance. 7. Whenever circumstances arise which preclude the correction of of malfunctioning systems in accordance with the provisions set forth in this Ordinance, the Approving Authority shall not be restricted by ::his Ordinance in abating a public health problem. a. The Approving Authority shall first consider the use of all approved individual and community systems in the correction of existing malfunctions consistent with the provisions set forth in this Ordinance. b. When such systems are not applicable, or corrections cannot be made in accordance with these guidelines, the Approving Authority shall, take such action as necessary to protect the public health. D. Management Authority 1. The Management Authority is empowered and responsible to provide for management, operation, and continuous preventive and corrective maintenance of alternative sewage disposal systems and ch.".rcd facilities -ld- 834 2. The Management Authority may purchase, hold, lease, build, construct, own, operate, repair, maintain, and improve an alternative system or a shared facility, and may enter into contractural agreements with the Federal Government, the State of Maryland, or with any municipality, person, or individual providing services for an alternative system or a shared facility. 3. The Management Authority may delegate routine administrative, managerial, and enforcement authority to any department, agency, or person for the purpose of carrying out the applicable provisions of this Ordinance. 4. Deed provisions or other legally binding agreements shall be required for shared facilities or alternative systems which the Management Author{.ty determines are best maintained by a private entity. IV. GENERAL SITE LOCATION AND ABSORPTION AREA REQUIREMENTS A. General Information Pertaining to Site 1. Sewage disposal systems shall be located at the lowest —_ practical elevation on the premises, which is consistent with the general layout topography and surroundings, including abutting lots, 2. Soil profile descriptions to determine the presence of a limiting zone and percolation testing to determine the capacity of the soil to permit the passage of water shall he conductod prior to permit issuance. -19- I' II' IUIi f9 835 3. A minimum 48 inches of suitable soil filter material shall always exist beneath the gravel aggregate throughout the entire sewage disposal system. 4. A minimum reserve area of 10,000 square feet, including the permitted absorption area, shall exist on each lot for replacement or enlargement of the permitted absorption area. The original soil profile of the natural soil within the 10,000 -square -foot reserve area shall not be disturbed at any time. The minimum reserve area need not be contiguous, yet shall be such that it may not preclude the practical instal- lation of an on -site sewage disposal system absorption area. 5. Absorption areas may not be placed on or in fill material unless the fill is a suitable soil which has remained undis- turbed and in place for a minimum of 4 years. 6. Proposed absorption areas having any of the following condi- tions shall be considered unsuitable for the installation of an on -site sewage disposal system, and permits may not be issued where these conditions exist: a. Slope greater than 25 percent within area. b. One or more rock outcrops exist within the proposed 10,000 -square -foot reserve absorption area. c. Surface drainage which is channelized on a course that intersects the proposed 10,000 -square -foot reserve absorption area. d. Sinkholes or closed depressions occur within the pro- posed 10,000 -square -foot reserve absorption area. e, The area is identified by completed Federal Flood Insur- ance mapping (100 -year standard) as a floodway or flood fringe. Where such designation is found by fi?ld inves- tigation to be in error, the location of the floodway or -20- 836 flood fringe as determined by field investigation shall prevail. Where completed flood mapping is unavailable, permits may not be issued where the soil has been mapped or identified in the field by the Approving Authority as a flood plain soil or an area subject to flooding. 7. The following soils are flood plain soils, and as such, on -site sewage disposal systems may not be permitted where these soils occur, as confirmed by field investigation: Atkins silt loam (At) Chewacla gravelly sandy loam (Cs) Chewacla silt loam (Ct) Chewacla stony silt loam (Cu) Congaree silt loam and gravelly loam (Cv) Dunning and Melvin silty clay loam (02) Huntington fine sandy loam (Hu) Huntington gravelly loam (Hv) Huntington silt loam (Mw) Huntington silt loam, local alluvium (Mx) Largent silt loam (Le) Lindside silt loam (Lm) Lindside silt loam, local alluvium (Ln) Melvin silt loam (Me) Philo gravelly sandy loam (Pg, Ph) Pope fine sandy loam (Pn) Pope gravelly loam (Pa) Pope gravelly sandy loam ;Pp) Pope silt loam (Ps) Pope stony gravelly loam (Pt) Warners loam (Wa) Wehadkee silt loam (Wh) -21- 837 8. The proposed absorption area shall be staked off and avoided by all equipment, which may adversely affect the proper func- tioning of the proposed system, until construction of the on -site sewage disposal system begins. B. Minimum Horizontal Isolation Distances Minimum horizontal isolation distances between the following features and the treatment tank shall be maintained: Feature Distance to Tank 1. Property lines, easement or right-of-way 1U ft. 2. Occupied buildings, swimming pools, and driveways 10 ft. 3. Any individual water supply, including wells, springs, reservoirs, or cisterns 100 ft. 4. Water supply line under pressure 10 ft. 5. Streams, ponds, lakes or other surface waters 25 ft. Minimum horizontal isolation distances between the following features and the perimeter of the absorption area shall be main- tained: Feature 1. Property line, easement or right-of-way 2. Occupied buildings, swimming pools and driveways 3. Any individual water supply including wells, aprinSa, rAsArvnirs. or cisterns 4. Water supply line under pressure -22- Distance to Absorption Area 10 ft. 20 ft. 100 f t . 10 ft. 838 5. Streams, ponds, lakes or other surface waters 50 ft. 6. Surface drainageways 10 ft. 7. Sinkholes or closed depressions 100 ft. 8. Rock outcrops or identified shallow pinnacles 25 ft. 9. Natural or man-made slope >25% 25 ft. C. Soil Profile Description 1. On all locations where the installation of an absorption area is proposed, an excavation for the examination of at least one soil profile shall be provided by the landowner or applicant. 2. The Approving Authority shall examine at least one soil profile within the proposed absorption area. The Approving Authority shall meet on site with the landowner or applicant to determine the proposed location of the absorption area and indicate the location(s) of the required soil profile excavation(s). 3. Where conditions indicate that a limitation may exist at a shallower depth within the proposed absorption area, more than one soil profile excavation may be required by the Approving Authority to assure that the proposed absorption area can entirely be located on soils and slopes which meet the criteria of this ordinance. 4. A minimum of four suitable soil profile descriptions shall be provided within the 10,000 -square -foot reserve area, unless otherwise indicated by a geologist in a hydrogeologic -23- 8a9 study, for any project whenever the following conditions are noted: a. The Geologic Map of Washington County (1978) indicates that the site is underlain by the Beekmantown Group. b. One or more bedrock outcrops are located within 200 feet of the proposed absorption area on those sites mapped as the Conococheague or Lower Cambrian Forma- tions. 5. The Approving Authority shall provide training in soils morphology and interpretation to those supporting staff personnel who routinely examine soils for on -site sewage disposal suitability. 6. The detailed soil profile descriptions shall be required in advance of the percolation testing. These descriptions shall be incorporated with the percolation test data as part of the on -site sewage disposal permit. 7. The depth of each excavation shall be at least 7 feet, or to a depth which is sufficient to document any limiting condi- tions or to verify the existence of 48 inches of suitablo soil material below the proposed installation depth. Where soil has bean removed by grading or excavation, the surface of the undisturbed soil shall be considered to be the point from which soil depths are measured. 8. All backhoe excavations for soil profile examination shall be dug so as to provide a step or shelf to facilitate ease of entry by the Approving Authority. -24- 1940 9. A minimum of one soil profile description per 1,000 square feet of proposed absorption area (primary and reserve) shall be provided on lots where multi -use on -site sewage disposal systems are proposed. 10. The soil profile description shall detail the following characteristics: a. Changes in horizons, specifying boundary depths, b. Color, C. Texture, d. Structure, grade and type, e. Consistency, f. Boundaries, g. Mottling, degree and extent, h. Coarse fragment content, I. Manganese coatings, and j. Other noticeable characteristics. 11. The soil profile description shall record the depth to such limiting conditions as the following, which may serve as criteria for rejecting any site: a. Bedrock, b. Fractured bedrock or soil with greater than 80 percent coarse fragment content, by volume, c. Water table, d. Seasonal high or perched water table, e. Fragipan, f. Slowly permeable soil horizons, g. Soil drainage mottling, and h. Other restrictions which may be noted. -25- 841 12. An on -site sewage disposal system permit shall be issued by the Approving Authority only after he has examined all soil profile excavations within the proposed absorption area. 13. The Approving Authority may require that a qualified soil scientist examine the soil on any lot, in order to provide for an accurate interpretation of any limiting conditions whose evidence is difficult to determine. 14. For all absorption areas with projected daily flows exceeding 2,500 gallons, a qualified, soil scientist shall examine the soil and attest to its suitabilities in a report prepared for the Approving Authority. 15. Where examination of the soil profile reveals the absence of any limiting zone, percolation tests shall be performed within the proposed absorption area. 16. The location and depth of all soil profile excavations and the location of all percolation tests conducted on the lot shall be indicated on the plot plan of the on -site sewage permit application. D. Percolation Testing 1. An examination of a suitable soil profile by the Approving Authority must be made prior to conducting percolation tests. 2. A soil profile description will determine any limiting zone which may influence the required depth of the percolation test, and will determine the location and depth of the percolation test holes. The limiting zone shall be no less than 4h inches deeper than the bottom of the percolation -26- 842 test hole. The Approving Authority shall spacify site test- ing locations to the landowner or applicant. 3. The landowner or applicant will be responsible for digging the percolation test holes, preparing the holes, pre-soaking the holes, and providing an adequate water supply. The fol- lowing guidelines shall be adhered to by the landowner or applicant: a. Six or more holes shall be made in the proposed absorp- sion area. [idles shall be spaced on 25 -foot centers in two rows with a minimum of three holes in each row. b. The circular holes should be dug or augered with a uniform diameter from 12 to 15 inches. The depth of the holes shall equal the proposed depth of the base of the absorption area. The depth of the percolation test holes shall be 30 to 36 inches, where conventional systems are to be installed. c. The bottom and sides of each percolation test hole shall be thoroughly scarified with a knife blade, chisel, or other sharp pointed object. All loose material shall be removed from the hole. d. Each hole shall be pre-soaked with water by the land- owner or applicant. Approximately 12 inches of water shall be added to each hole 12 to 24 hours before the percolation test is scheduled to be conducted. e. After the holes have been pre-soaked, the landowner or applicant shall provide a minimum water supply of 5 gallons for each hole to be tested. f. Upon completion of the percolation test, it shall be the responsibility of the landowner or applicant to backfill the percolation test holes. -2'.- 843 4. Seasonal percolation testing shall be required for those soils which exhibit perched or seasonally high water table conditions. Percolation testing for the following soils 11111 shall be conducted between February 15 and April 30 or during the period during which available data suggests that the water table is highest: Brinkerton silt loam (BtB) Buchanan gravelly loam (BuA, BuB2, BuC2, BuD2) Landisburg cherty silt loam (LcB2, LcD2) Leadvale silt loam (L,gA, LgB2) Lindside silt loam, local alluvium (Ln) Monongahela silt loam (MhA, MhB2, MhC2, MhD2) Monongahela gravelly loam (MgB2, MgC2) Rohrersville silty clay loam (B2) Trego gravelly silt loam (TrA, TrC2) Tyler silt loam (TyB) Warners loam (Wa) 5. Tne percolation test shall re conducted by the Approving Authority. 6. Measurement of the percolation rate shall be in accordance with the following procedures: a. After the pre --soaking period, the water level in each percolation test hole shall be adjusted to approximately 7 inches over the gravel on the hole bottom. b. The water level in each hole shall be permitted to drop to 6 inches before time recording is started. -28- �� c. The time (in minutes) required for the water level to drop 1 inch, from 6 inches to 5 inches in depth, is equal to the percolation rate for each test hole. d. The test results from all percolation test holes located within the proposed absorption area shall be used in calculating the arithmetic average percolation rate. e. Percolation rates for individual holes, in addition to their depths, diameters, and locations, shall be recorded by the Approving Authority. Additional information, as deemed necessary by the Approving Authority, shall also be recorded. 7. The maximum permissible percolation rate for on -site sewage disposal systems shall be 30 minutes per inch, except for lots of record for which the maximum percolation rate shall be 40 minutes per inch. Proposed absorption areas•whose percolation rate exceeds these limits shall be considered unsuitable, and no on -site sewage disposal permit shall be issued. 8. Percolation testing results shall be considered and analyzed as one of many criteria in determining soil suitability. These results alone shall not be considered to be conclusive evidence as to the suitability of a proposed site to accommo- date an on -site sewage disposal system. 9. Percolation rates shall be used to design the total required absorption area for individual on -site sewage systems. The specifications which pertain to sizing individual systems are presented in Part IV, Section E of this Ordinance. -29- 845 10. A copy of the percolation test results shall be provided to the landowner or applicant who shall in turn submit the test results and soil profile description with the application for an on -site sewage disposal permit. E. Absorption Area Requirements 1. Absorption area requirements for on -site sewage disposal systems shall be based upon the results of the required percolation testing conducted at the proposed absorption area site in accordance with the procedures set forth herein. 2. The absorption area requirements shall pertain to the bottom area of the on -site sewage disposal system into which the sewage infiltrates. The area separating individual trenches shall not be included as part of these spatial requirements. 3. On -site sewage disposal system design shall meet the minimum absorption area requirements set forth in this Ordinance. 4. The dimensions of individual on -site systems shall be consistent with the policies set forth in this Ordinance. 5. Water -saving plumbing devices are encouraged to increase the efficiency of individual absorption areas; howover, the reduced flows projected by the use of these devices shall not be incorporated into the sizing of the absorption area. 6. Reductions in absorption area requirements shall not be per- mitted in conjunction with the use of aerobic treatment tanks. -30- 846 7. The minimum absorption area requirements for single-family dwellings shall be based upon the minimum design standard of two bedrooms for allresidences, provided that no absorption area is less than 675 total square feet. 8. For single-family dwellings, the following table shall be used to calculate the minimum absorption area requirement based on percolation test results. These requirements pro- vide for garbage grinder and automatic washing machines. Average Percolation Rate (minutes per inch) 1-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 >40 Required Absorption Area (square feet per bedroom) (unacceptable) 225 250 280 310 340 370 400 (unacceptable) 9. Typical daily sewage flows for the following establishments shall be used as minimum design standards for absorption areas using on -site sewage disposal: _31_ 847 SOURCE UNIT WASTEWATER FLOW (gallons per day per unit) Residential Apartments Bedroom 150 looming houses Bedroom 150 Single-family residences Bedroom 150 (including duplexes or townhouses) Commercial Airport (add for restaurant) Passenger 5 Employee 15 Automobile Service Station Vehicle Served 10 Employee 25 Bar Seat 10 Employee 15 Hotel Guest 50 Employee 15 Industrial Building Employee 15 (excluding industrial waste flows and cafeteria) Laundry (self-service) Machine 500 wash 50 Motel person 60 Motel and Kitchen Person 60 (plus 40/seat w/restaurant) Office Employee 15 Restaurant Seat 40 (12 -hr. operation) 60 (24 -hr. operation) Rooming House Resident 60 Store, Department Toilet Room 500 -32- 845 Employee 15 Shopping Center Parking Space 3 Employee 15 SOURCE UNIT WASTEWATER FLOW (gallons per day per unit) Institutional Eb spital, Medical Bed 175 - 300 Employee 15 Hospital, Mental Bed 125 - 300 Employee 15 Prison Inmate 125 Employee 15 Rest Home Resident 125 - 300 Employee 15 School , Day: With Cafeteria, Gym, Shower Student 25 With Cafeteria Only Student 20 Without Cafeteria, Gym, Showers Student 15 School, Boarding Student 75 Recreational and Seasonal Camps, day (no meals Person 40 served) Camps, hunting and summer residential Person 50 Campgrounds, with individual sewer and water hookup Space 140 Campgrounds, with central comfort station Space 140 -33- 849 Fairgrounds and parks, picnic (toilet wastes only) Person 5 Swimming pools and bathhouses Person 10 10. Waste flows generated by industrial sources and other establishments not listed in the preceding table shall be presented by the sewage permit applicant with adequate docu- mentation attesting to the validity of these peak flow rates. 11. The sewage flows presented for those establishments using on - site sewage disposal are designed to serve as minimum absorption area requirement guidelines. If the applicant can provide sufficient data which accurately documents lower peak flow rates, the Approving Authority shall give due consideration to the proposed sizing criteria. 12. The absorption area requirements for those establishments using on -site sewage disposal shall be based upon the projected sewage flow and the percolation test results. 13. For all on -site sewage disposal systems serving establish- ments other than individual single-family dwellings, the following table shall be used to calculate the minimum of absorption area required based on percolation test results: Average Percolation Rate Required Absorption Area (minutes per inch) (square feet per gallon of flow) 1- 5 1.35 6-10 1.50 11 15 1.57 16-20 1.87 -34- 654 21-25 2.07 26-30 2.23 31-35 2.47 36-40 2.67 >40 unacceptable V INSTALLATION STANDARDS FOR ON -SITE SEWAGE DISPOSAL SYSTEMS A. Building Sewer Standards 1. Building sewers shall be constructed of any one of the following rigid materials approved by the Health Department: a. vitrified clay b. cast iron C. concrete d. cement -asbestos e. bituminized fiber f. ABS plastic (Schedule 40) g. PVC plastic (Schedule 40) 2. All building sewers shall be at least 4 inches in diameter. When the average daily flow will exceed 1,000 gallons per day, a minimum 6 -inch diameter or larger must be provided. 3. All building sewers shall be installed at a location which is no less than 50 feet away from any source of potable water. 4. The grade of the building sewer shall, be at least 1/8 -inch per foot, and shall maintain a uniformly negative slope. The grade of the building sower for 10 feet immediately -35- 851 preceding the treatment tank shall not exceed 1/4 -inch per foot. 5. All building sewers shall be constructed with watertight joints and shall be of sufficient strength to withstand imposed loads. 6. The building sewer shall be installed to allow the continuous venting of the treatment tank through the main building stack. 7. Bends in the building sewer shall be limited to 450 or less. if 90` bends cannot be avoided, they shall be made with two 450 bends. 8. Cleanouts extended to ground surface shall be provided at each bend in the building sewer. 9. Cleanouts shall be provided at intervals of not more than 50 feet on lines of 4 -inch diameter, or 100 feet in larger diameter pipes. B. Grease Interceptor Standards 1. Grease interceptors shall be required on separate kitchen waste drains from restaurants and other establishments that may discharge large quantities of grease. a. The grease intercepter shall provide at least 5 gallons per individual seating unit and may not be less than a 30 -gallon capacity. — b. It shall be baffled to retain congealed grease on the surface of the liquid. c_ c. The cover shall be designed for easy removal for -36- 852 cleaning the grease interceptor. d. The liquid depth below the outlet pipe shall not be less than 2 feet. 2. A grease interceptor shall be placed in an accessible location outside the building and as close as pcssible to the kitchen or the point at which the waste drain intersects the building sewer. 3. The discharge from a grease interceptor shall pass through a treatment tank before it is discharged to the on -site sewage disposal system. C. Treatment Tank Standards 1. Water -carried sewage from bathrooms, kitchens, laundry fixtures, and other household plumbing shall pass through a septic or other approved sedimentation tank before it is discharged to any on -site disposal area. 2. A treatment tank may not serve more than one dwelling or property unless authorized by the Health Department. 3. A treatment tank may not be located within 100 feet of a water supply source. 4. In all cases, the minimum capacity treatment tank may not be less than 1,000 gallons measured below the outlet. The capacities of septic tanks serving individual dwellings shall conform to the following table: -37- 853 Number of Treatment Tank Capacity (gal.) Bedrooms below the outlet less than 3 1000 3 1000 4 1250 5 1500 For single-family dwelling units, the tank capacity shall be increased by 250 gallons for each additional bedroom, 5. Treatment tanks may be connected in series to attain required capacity. However, the first tank in series shall equal one half to two thirds the required total volume. 6. Treatment tanks for multi -use on -site sewage disposal systems shall have the minimum capacity of twice the daily flow generated by the establishment or a minimum of 1000 gallons. 7. All treatment tanks shall have a liquid depth of not less than 4 foot and, excepting vertical cylindrical tanks, a length of not less than two nor greater than three times the width. Vertical cylindrical treatment tanks shall have a liquid depth of not less than 4 feet nor greater than 6 feet. 8. Treatment tanks shall be constructed of watertight masonry or otherwise approved material which is constructed of sc,und and durable material riot subject to excessive corrosion or decay. a. Treatment tanks constructed or site with mortar and concrete block Or ort.ck sna:i not oe permir.ce'i for tanks with a Liquid capacity of 5,000 gallons or less. -38- 8!4 liquid capacity in excess of 5,000 gallons may be constructed on site to meet the standards of the National Concrete Masonry Association for reinforcement and waterproofing. c. Metal treatment tanks may not be permitted. d. Precast concrete tanks shall have a minimum wall thick- ness of 2-1/2 inches and shall be adequately reinforced. Precast slabs used as covers shall have a thickness of at least 3 inches and shall be adequately reinforced. e. All concrete treatment tanks shall conform to the material specifications provided in Section 16.6.6 of the National Standard Plumbing Code (1978.) 9. No tank or compartment may have an inside horizontal dimen- sion of less than 36 inches. 10. The inlet invert shall be a minimum of 3 inches above the outlet invert. 11. Precast baffles or vented tees shall be permanently incor- porated as part of the treatment tank. Separate precast baffles which are secured to tank walls by mortar or other binders may not be permitted. a. All baffles shall be designed so that a 4 -inch probe may pass through the opening. b. Inlet baffles or vented tees shall extend below the liquid level at least 6 inches. Depth of penetration of the inlet baffle device shall not exceed that of the outlet device. c. The outlet baffles or vented tees shall extend below the liquid surface to a distance equal to 40 percent of the liquid ueptn. L'eneCrarion of outlet baffles or tees -39- 55 I in hori_wontal cylindrical tanks shall be ecual to 35 percent of the liquid depth. d. The inlet and outlet baffles or vented tees shall extend above liquid depth to approximately 1 inch from the top of the tank. e. Venting shall be provided between compartments when applicable. 12. Access to each treatment tank or individual tank compartment shall be provided with a manhole which is a minimum 20 inches in diameter, providing a removable cover. The top of the tank containing the manhole or the top of the manhole extension shall not be more than 8 inches below surface grade. If access is extended to grade, the access cover shall be airtight and secured so as to sufficiently deter unnecessary tampering. 13. A minimum 6 -inch inspection port shall extend from the top of the treatment tank to within 8 inches of the ground surface. Where the depth to a treatment tank from surface grade is greater than 24 inches, a manhole extension shall be provided to within 8 inches of the ground surface. 14. In approving the installation of aerobic treatment tanks, the following items must be satisfied: a. The absorption area requirements of this Ordinance shall be maintained at all times. No reduction in. absorption area requirements shall be permitted when aerobic treatment tanks are to be used. b. Prior to issuing a permit for any installation using an aerobic treatment tank, the Approving Authority shall — require evidence of a service contract, locally issued, which will assure periodic inspection and emergency -40- servicing. The initial seLvice policy should be for not less than 2 years. c. Aerobic treatment tanks shall be partitioned so that at least 25 percent of the effluent end of the tank shall provide for a period of quiescence prior to final discharge. d. All aerobic treatment units shall operate for not less than 16 hours over each 24 -hour period. e. All aerobic treatment tanks shall bear the seal of the National Sanitation Foundation (NSF) indicating testing and approval by that agency under Standard No. 40 or any other agency using testing procedures equivalent to those of NSF Standard No. 40. f. A list of approved manufacturer and model numbers, stating those units which have been evaluated and are considered acceptable, is available from the Department of Health and Mental Hygiene. No aerobic treatment tank shall be permitted unless it has been included on this list of approved aeration units, or is otherwise approved by the Department of Health and Mental Hygiene. g. Every system shall be equipped with a visual and an audible alarm system which shall be designed to respond to any electrical or mechanical failure or malfunction of the tank or any component thereof. h. Units designed to serve multi -use facilitiesshall have sufficient capacity to accommodate peak hydraulic and organic loading imposed upon them in accordance with accepted engineering practices. D. Distribution Box Stindazds 1, A iistribution box for sewage effluent disposal shall be raquirei wj,l Sro. Limn one distributor pipe is to be used. -41- 857 2. The distribution box shall be of watertight construction arranged to receive septic tank effluent and uniformly dis- tribute the effluent to each individual distributor pipe. 3. The size of the distribution box shall be sufficient to accommodate the required number of distributor pipes and comply with all distribution box specifications set forth in this Ordinance. 4. Distribution boxes shall have removable covers which provide an adequate seal. 5. Each distributor pipe shall be connected separately to the distribution box and may not be subdivided. a. The distributor pipe shall be firmly and permanently attached to the outlet inverts of the distribution box with a watertight adhesive material such as tar pitch, used in combination with mortar. b. All adhesive material shall be firmly set upon inspec- tion of the system so that uniform distribution may be verified. For testing purposes, the person responsible for the installation shall provide an adequate amount of water to check the level of the outlet inverts. During final inspection, the Approving Authority shall fill the distribution box with water and assure that water flows uniformly to each distributor pipe attached to the distribution box. 6. The inverts of all outlets shall be at the same level, and shall be at least 3 inches above the bottom of the box. 7. The inlet invert shall be at least 1 inch above the invert of the outlets. 42- 8. A baffle shall be installed in the distribution box, to enhance the uniform distribution of effluent. The baffle shall be set firmly in place and perpendicular to the direction of the incoming septic tank effluent, or an elbow shall be firmly attached to the inlet and either directed toward the bottom of the distribution box or away from any outlet inverts. 9. The distribution box should be set level on firm ground with a minimum of 12 inches of suitable cover. 10. The ground surface overlying the distribution box shall be graded to discourage the infiltration of surface water. E. Individual Sewage Disposal Systems 1. General a. All domestic sewage shall be disposed of by a method of _— collection, treatment, and effluent discharge which is in conformance with this Ordinance, and shall not otherwise create a nuisance. 1) Domestic sewage or sewage effluent may not be discharged onto the ground surface, or into =_ groundwater, bathing areas, lakes, ponds, watercourses or otherwise create a nuisance. 2) Domestic sewage or sewage effluent may not be discharged into any abandoned or unused well, or into any crevice, sinkhole, or other opening either natural or artificial in a rock formation or the soil. ems_ b. All water -carried sewage and domestic liquid wastes from bathrooms, kitchens, laundry fixtures, and other household plumbing shall pass through an approved treatment tank prior to discharge into the permitted absorption area. C. Discharge from roof gutters, foundation drainage, and surface runoff may not be discharged to a treatment tank. d. All sewage disposal systems shall be constructed, repaired, added to, or altered in accordance with the regulations set forth in this ordinance. e. A structure may not be occupied before the on -site sewage disposal system serving that facility is finally inspected, approved, and covered. 2. Standard Trench Systems a. The maximum slope of the undisturbed soil of a proposed absorption area where a standard trench system may be permitted is 25%. 1) For slopes between 15% and 20%, a registered surveyor shall provide a detailed plot plan of the site's proposed absorption area, The plot plan shall provide 2 -foot topographic contours and show in detail the location of the proposed absorption area. 2) For slopes from 26% to 25%, the surveyed plot plan showing 2 -foot topographic contour lines shall be accompanied by system design specifications pre- pared by a registered professional engineer with expertise in this field. The engineer shall also supervise the installation and verify that the system was installed in accordance with the plans -44- I. 860 and specifications. A copy of his report shall be submitted to the local Health Department. b. The total required absorption area in addition to the number, length, and width of the individual distribution trenches shall be determined by the Approving Authority and shall be based upon the percolation testing for the subject absorption area. c. Standard trench systems shall be constructed in accor- dance with the following: 1) There shall be a minimum of two trenches per absorption area. 2) All trenches shall be installed so as to follow ground surface contours, so that variations in trench depth shall not occur. 3) Trenches within an absorption area shall all be of equal length and width. Exceptions to this requirement shall be considered as long as the total absorption area of each trench is equal. 4) Trench bottom width shall not exceed 36 inches= nor shall trenches be permitted to be less than 12 inches wide. 5) Individual trenches may not exceed 100 feet in length. 6) Uniform depth to the bottom of the absorption area shall range from 12 to 36 inches, as specified by the Approving Authority. Trenches maynot be excavated to depthri greater than 36 inches, unless in accordance with Part V, Section E3, the regula- tions pertaining to Subsurface Sand Filter Systems. Depths of all excavations shall he established by the Approving Authority in writing prior to the installation. -45- 861 7) The minimum width of undisturbed earth between all trenches shall be 5 feet. a) The width of undisturbed soil between trenches 1 -foot wide shall be 6 feet from center to center. b) The width of undisturbed soil between trenches 2 feet wide shall be 7.5 feet from center to center. C) The width of undisturbed soil between trenches 3 feet wide shall be 9 feet from center to center. d) The minimum width of undisturbed soil between trenches on 15% to 203 slopes shall be 7 feet. The minimum width of undisturbed soil between trenches on 20% to 25% slopes shall be 8 feet. 8) The trench bottom shall be uniformly level to a tolerance of 2 inches per 100 feet. 9) Distributor pipe shall be placed in the center of each trench. a) The distributor pipe shall be 4 -inch diameter perforated pipe which shall permit the uniform distribution of effluent throughout the entire length of pipe. Rigid PVC or flexible, corrugated ABS pipe may he installed, subject to the discretion of the Approving Authority, b) The sections of the distributor pipe shall have watertight joints and shall he firmly attached with plastic cement or another form of solvent welding. c) The distributor pipe shall be uniformly level to a tolerance of 1/2 inch per 100 faet, and 8G2 shall be checked with a surveying instrument to verify conformance. d) The ends of all distributor pipes shall be capped with plastic end caps or mortar. e) The first or last set of holes on a distribu- tor pipe may not be more than 5 feet from the ends of the trench. 10) The distributor pipe shall be uniformly set in aggregate filter material. a) The aggregate material shall be washed gravel, crushed stone, slag, or bank -run gravel ranging in diameter from 1/2 -inch to 2-1/2 inches and free of fines, dust, ashes, or clay. b) The minimum depth of the aggregate material overlying the distributor pipes shall be 2 inches. c) The minimum depth of the aggregate material under the distributor pipe shall be 6 inches. 11) The top of the aggregate material shall be covered with untreated building paper or a 2 -inch layer of hay, straw, or a similar material to prevent back - fill material from settla ng into the aggregate. 12) The minimum depth of earth cover over the aggregate in all installations shall be 12 inches. Where the top of the aggregate is less than 12 inches from the undisturbed soil surface, the soil cover shall also extend beyond the absorption area by at least 3 feet horizontally on all sides. 13) The backfill material shall consist of soil suit- able for the S)rowth of vegetation and shall be seeded with grass to control erosion. -47- 8&3 3. Seepage Pits a. The construction of seepage pits may not be permitted for new on -site sewage disposal systems or replacements. b. Standards for seepage pit design and construction are provided in the Individual Water Supply and Sewage Disposal Regulations for Maryland (10.17.02), and shall henceforth be regarded as the standards for repairing those sites which presently rely upon this technology. 4. Standards for Privies a. Privies are individual on -site sewage disposal systems and therefore require on -site sewage disposal permits. b. Privies may not be permitted for new installations for seasonal or permanent establishments. c. Construction and design standards for privies are provided in the "Individual Water Supply and Sewage Disposal Regulations" for Maryland (10.17.(12), and shall henceforth be regarded as the standards for repairing or replacing those sites which presently rely upon this technology. 5. Holding Tank Standards a. Holding tanks are individual on -site sewage disposal systems and therefore require on -site sewage disposal permits. b. Holding tanks may be permitted only to repair or replace a malfunctioning on•-fite sewage disposal system. -48- • r . 864 c. Holding tanks may not be permitted for new installations, unless public sewer facilities are available within 2 years and the Sanitary District assumes a contract to dispose of the generated wastes. d. Holding tanks shall be constructed to meet the specifications of Part V, Sections C6 through C7 of this Ordinance which relate to the standards for treatment tank construction. e. Holding tanks shall be sized to hold a minimum volume equal to the quantity of waste generated in 7 days. f. As a condition of any permit issued for a holding tank, there shall be a maintenance contract and schedule with a septage hauler licensed by the Health Department. This contract shall be presented to the Health Department and shall contain the signatures of the property owner and septage hauler. g. The holding tank shall be equipped with a warning device to indicate when the tank is filled to within 75 percent of its capacity. The warning device shall create an audible and visual signal at a location frequented by the property owner or his designee. h. Inspection of all holding tank installations shall be performed by the Health Department to assure that the 1a in conformiry witn the requirements set forth in this Ordinance. VI. INNOVATIVE AND ALTERNATIVE INDIVIDUAL ON -SITE SEWAGE DISPOSAL SYSTEMS A. Introduction 1. The policy of Washington County Health Department shall be to encourage the development of any new methods, processes, and equipment which appear to hAVA Annt_il Af_inn for rho ,r_altg treatment and disposal of sewage. -49- 86.5 2. The Washington County Health Department shall consider all possible methods for correcting existing system failures and, based on a case -by -case evaluation, provide the best technical guidance in attempting to resolve existing pollution or public health problems. Where public sewer is not available and a conventional on -site system design cannot alleviate the problem or does not provide the best method of correction, innovative technology or experimental systems may be used. 3. Innovative and alternative technology or experimental designs may also be used for new construction and may be ,proposed to serve new subdivisions under the supervision of the Management Authority. The use of innovative disposal systems on new construction where site limitations preclude the use of conventional on -site disposal systems shall be reviewed and approved by the Approving Authority and the Office of Environmental Programs in accordance with accepted scientific standards. The soil properties and groundwater condition at the proposed site shall demonstrate adequate support for, successful use of the proposed system as an alternative to the conventional on -site disposal system. 4. The number of experimental non -conventional disposal systems approved for use on new construction will be limited by: a. The availability of personnel and equipment required for the extensive monitoring and evaluation associated with installation of such systems; b. A system's capability to provide adequate data for evaluating the system operation. -510- r 866 5. All proposals shall be submitted concurrently to the Approving Authority and the Office of Environmental Programs (Division of Residential Sanitation) for review and approval. The applicant shall follow these procedures: a. The Approving Authority may elect to perform the site evaluation or to request the applicant to retain a professional consultant to prepare a hydrogeological report to demonstrate that the soil properties and groundwater conditions at the proposed site will support the use of the proposed system. The site evaluation shall be performed with the assistance of the Residential Sanitation's regional consultant of the Office of Environmental Programs. All available information on the effectiveness of the proposed system in use in similar settings shall be submitted with the hydrogeological report to both the Approving Authority and State Health Department's Office of Environmental Prog rams. b. System design may commence once both County and State approval of the site and proposed system has been granted. 1) The applicant shall arrange for a professional consultant to design the proposed system. 2) One set of drawings shall be submitted to the Approving Authority and one set to the State Health Department Office of Environmental Programs for concurrent review and approval. 6. Innovative and alternative systems shall also require a satisfactory agreement among Local Health, State Health, Management Authority, and the system's owners to assure -51_ 867 proper operation and adequate maintenance (e.g., A service contract may be required.) 7. Once the monitoring requirements are determined based on the type of system proposed, the Management Authority shall monitor these systems for no less than two (2) years after construction and full use. Monitoring data shall be reported to the local Environmental Health Unit and the Office of Environmental Programs. S. If monitoring -wells are deemed necessary by the Approving Authority, the cost of the wells will .be borne by the applicant for innovative and alternative systems installed for new construction. B. Innovative and Alternative System Types The following alternative types of on -site sewage disposal systems are examples of those that may be used for new construction. These types listed are those for which existing data are available and for which there is a certain confidence level established for their operational reliability. The types of alternative and innovative system design that may be proposed for use in new construction are not limited to those enumerated. 1._ Septic Tank - Sand Mound System a. This system consists of a conventional septic tank, a pumping chamber, and a sand mound with a pressure distribution system. It is a soil absorption system elevated above the natural soil surface in a suitable fill material, Sufficient fill should be placed in the mound to provide adequate purification before sewage effluent reaches the groundwater or fractured or -52- 868 weathered rock. The mound system has been used to overcome site restrictions such as permeable soils, shallow permeable soils over bedrock, or permeable soils with a high groundwater table. b. Proposals for mound systems shall currently be considered for the following six site characteristic variations to enable an evaluation of the effectiveness of such systems under a variety of physical settings: 1) Soil percolation rate less than 30 minutes/inch with depth to groundwater between 2' and 5' (considered for new construction and to correct existing system failures); 2) Soil percolation rate between 30 minutes/inch and 60 minutes/inch with depth to groundwater between 2' and 5' (considered for new construction and to correct existing system failures); 3) Soil percolation rate between 60 minutes/inch and 120 minutes/inch with depth to groundwater between 2' and 5' (considered only to correct existing failures); 4) Soil percolation rate between 30 minutes/inch and 60 minutes/inch with depth to groundwater greater than 5' (considered for new construction and to correct existing system failures); 5) Soil percolation rate between 60 minutes/inch and 120 minutes/inch with depth to groundwater greater than 5' (considered only to correct existing failures); and 6) Soil percolation rate less than 30 minutes/inch with depth to bedrock between 2' and 5' (considered for new construction and to correct existing system failures). -53- 869 2. Septic Tank with Alternating Absorption Fields a. The purpose of alternating absorption fields is to allow each field to rest after 6-12 months of operation, which renews its capacity and extends its service life. Flow diversion valves shall be installed in this system. Alternating absorption fields may function well in sites with a high groundwater table or with low soil permeability based on the assumption that alternating use of the fields will enhance the soil absorption capacity and its effectiveness in purification of waste. b. Following are the site characterisics considered appropriate for alternating absorption fields: 1) Soil percolation rate between 30 minutes and 60 minutes/inch with depth to groundwater greater than 5' (considered for new construction and to correct existing system failures), 2) Soil percolation rate between 60 minutes and 120 minutes with depth to groundwater greater than 5' (considered only to correct existing system failures). 3. Septic Tank — Pressure Dosing System a. The pressure dosing system consists of a pumping system or a siphon system and some small diameter distribution pipes. The pump or syphon forces liquid to the perforated pipes in controlled doses so all pipes discharge liquid at approximately the same time. The pressure dosing system spreads liquid mor3 evenly and gives the field a chance to dry out between dosings. Due to the advantage of even distribution of sewage, the hydraulic loading rate per unit area of the pressure -54- 870 dosing site should be lower than that of the conventional gravity system. The disadvantage of poor site conditions such as low permeability and/or high groundwater may be compensated for by the benefit of even distribution. b. Proposals for pressure dosing systems are currently being considered for the following site characteristics: 1) Soil percolation rate between 30 minutes/inch and 60 minutes/inch with depth to groundwater between 2' and 5' (considered for new construction and to correct existing system failures); 2) Soil percolation rate between 60 minutes/inch and 120 minutes/inch with depth to groundwater between 2' and 5' (considered only to correct existing system failures); and 3) Soil percolation rate between 60 minutes/inch and 120 minutes/inch with depth to groundwater greater than 5' (considered only to correct existing system failures). c. Use of pressurized distribution systems in Washington County shall conform to the following guidelines: 1) a. Pressurized distribution of sewage effluent shall be required on all systems having a total absorption area in excess of 1,500 square feet. b. Pressurized distribution of sewage effluent may be permitted in place of gravity distribution on any on -site sewage disposal system at the request of the applicant or property owner. c. Pressurized distribution (dosing) system designs and specifications shall be submitted ,.rich Ph -ermi♦ wnnlin,. ,-4- -55- 871 2) The following criteria shall be thoroughly documented in the design specifications which accompany the sewage permit application: a. Distributor Pipe al. Material a2. Size a3. Lengths a4. Hole size and spacing b. Dosing Pump bl. Pump capacity and performance curve b2. Intake specifications b3. Warning device C. Dosing Tank cl. Material c2. Size and volume c3. Electrical provisions d. Absorption Area dl. Size d2. Depth of excavation e. Design Calculations el. Discharge rates e2. Head losses e3. Total pump head e4. Other pertinent data 4. Alternative Toilet Standards a. Chemical toilets, recycling toilets, incinerating toilets, composting toilets, portable toilets, and other self-contained alternative sewage disposal designs are individual on -site sewage disposal systems and therefore require on -site sewage disposal permits. -5b- 872 I - b. Portable chemical toilets which provide temporary service and are in use at one site for less than one (1) year shall not require an on —site sewage disposal permit. C. Alternative toilets may only be permitted for new installations when an approved absorption area which conforms to the requirements of this Ordinance is present on —site and can otherwise be reserved for future use. The replacement absorption area shall have the capability to provide for a conventional on —site disposal system in the event of unsatisfactory performance of the alternative toilet. d, Alternative toilets may be permitted as a repair option provided the Approving Authority has thoroughly investigated the malfunction and found that this flow —reducing alternative can significantly assist the functionality of the present on —site sewage disposal system. e. The- alternative toilet shall be installed and maintained in accordance with the manufacturer's specifications, and shall be operated in a manner that will preclude any potential health hazard or nuisance. f. Permits may not be issued for an alternative toilet until the design has been approved by both the Washington County Health Department and the Division of Residential Sanitation. VII. SHARED FACILITIES A.Administrative Procedures 1. Application for approval of shared facilities using on —site rreatmens anA A i e '.a.7 a atoms shal1 he a. ade 4-o the Washington County Planning Commission. Applications shall -57- include six (6) copies of a concept plan which provides the following information: a. Location, boundary, acreage, and soil types on the site, b. Type of development to be served by shared facilities. c. Proposed layout of streets, lots, and other elements basic to the proposed type of development. d. Proposed method of sewage disposal and water supply. e. Minimum topographic information sufficient to determine surface drainage patterns and principal drainage areas. f. Proposed location of shared facilities, absorption areas, and reserve areas. g. Proposed mechanisms for the ownership, management, operation, and maintenance of shared facilities. 2. The Planning Commission shall review the application for conformance to the Comprehensive Plan and the Water and Sewerage Plan for Washington County. The Commission shall transmit copies for review and approval to the Approving Authority, the Office of Environmental Programs, the Management Authority, and any other local agency having an interest. Applications involving the subdivision of land may be reviewed as part of the preliminary consultation process required by Section 302 of the Washington County Subdivision Ordinance. The Planning Commission shall forward the application with all local approvals to the Office of Environmental Programs. 3. The Office of Environmental Programs shall review the application for conformance with all applicable laws and regulations. The applicant will be notified of results of this review with suggestions and revisions or additional information. The applicant will be notified of application approval or disapproval by the ottice of Environmental -58- 874 Programs with information copies to the Planning Commission, Approving Authority, and Management Authority. 4. The applicant shall follow "Site Testing Requirements" outlined in VII. B, and shall submit the results, including a site plan and supporting data, for concurrent review by the Approving Authority and the Office of Environmental Programs. 5. The Approving Authority shall conduct or otherwise supervise all site testing and submit a report to the Management Authority, along with written comments from the Office of Environmental Programs, regarding the suitability of the proposed absorption area and system design specifications. 6. Subsequent to joint approval by the Approving Authority and the office of Environmental Programs, the Approving Authority may issue a sewage disposal permit contingent upon the applicant complying with all other applicable local and state requirements. B. Site Testing Requirements 1. Site testing procedures for proposed multi -use sewage disposal systems using on -site sewage disposal technology shall be in accordance with the requirements and procedures set forth in this ordinance. 2. A minimum of one profile description and percolation test shall be required for every 500 gallons of projected daily sewage flow. 3. Hydraulic performance feasibility shall be demonstrated for on -site sewage disposal system designs proposing an absorption area greater than 2,500 square feet. Such -59- 875 demonstration shall be based upon the results of hydraulic conductivity testing which shall be performed in addition to the percolation test requirements. 4. Two approved replacement absorption areas, sized according to original design specifications, shall be maintained undisturbed as a potential replacement site for the original absorption area. VIII. SUBDIVISION OF LAND FOR DEVELOPMENT USING ON -SITE SEWAGE DISPOSAL 1. All subdivision of land in Washington County shall conform to the standards and policies set forth in the Washington County, Maryland, Subdivision Ordinance, COMAR 10.17.03, and the provisions set forth herein. 2. The requirements and procedures for site testing and system design for all subdivisions shall be in accordance with all standards provided by this Ordinance. 3. All individual lots in proposed subdivisions shall meet the site testing and design standards of this ordinance prior to final approval. 4. Site testing shall he performed on all lots of the proposed subdivision, and these data shall be submitted with and documented on the preliminary subdivision plat. Proposed subdivisions shall not be approved unless the site testing on all lots meets the standards set forth in this Ordinance. 5. The final plat of the approved subdivision, as certified 'y a registered land surveyor or professional engineer shall also indicate the following: a. Location of all profile examinations; b. Location of all percolation tests; c. Proposed location of all absorption areas; d. Location of required 10,000 -square -foot reserve absorption areas; e. Well locations and 100 -foot isolation radii; f. Bedrock outcrops, sinkholes, and other relevant surface features; and g. All existing sewage disposal and water supply systems on properties adjacent to and/or within 100 feet of the proposed subdivision. 6. Innovative and alternative systems may be considered for the subdivision of land when the responsibility for monitoring and maintenance is assumed by the Management Authority. Provisions for monitoring and maintenance for each project must be jointly approved by the Office of Environmental Programs, the Approving Authority, and the Management Authority. IX. HYDROGEOLOGIC STUDY 1. Upon review of a proposed project or upon subsequent on -site investigation, the Approving Authority may require that the developer have a hydrogeologic study conducted in accordance with the requirements specified in this section of the Ordinance. The reason3 for the imposition of this study along with the technical rationale shall be presented to the developer in a report prepared by the Approving Authority. lne report shall C:V nCdlfl d cttl 5C:L LE:Livii ui Liiv nY�i•vviiiy Authority's findings resulting from either an analysis of. -61- 877 available, technical data or an on -site investigation, and shall state the unusual circumstances which warrant the j required hydrogeologic study. The report shall specifically F enumerate those items to be addressed by the hydrogeologic study as listed in Paragraph 6 of this section. i - 2. The baseline criteria for the Approving Authority's r� requirement of a hydrogeologic study are provided herein. These criteria are not considered absolute, but the imposition of any requirements, either less stringent or more stringent, shall be documented in the Approving Authority's report or, in the case of a waiver of the requirements, in a separate statement citing the reasons for the waiver. Site specific baseline criteria for requiring a hydrogeologic study shall include, but shall not be limited to, the following: a. Extreme variability in depth to bedrock within or throughout the proposed site; b. Extreme variability in rock and/or soil type within or throughout the proposed site; c. On -site soil and/or bedrock conditions which indicate that inadequate renovation of sewage effluent might result; d. Indication that a high water table, seasonally high i +� water table or perched water table is present; e. Historical test data, alone or in conjunction with j current site investigation findings, which indicates that on -site groundwater quality may exceed US EPA chemical and bacteriological drinking water standards; f. An increase in the rate or quantity of stormwater runoff that will be directed to a sinkhole or closed rl,anrpgainn fnr inhnrnAl 1r',inrnaa• 878 g. A total combined sewage flow in excess of 10,000 gallons per day; h. A projected dwelling unit density which is greater than one dwelling unit per acre; and i. Other conditions recognized by the Approving Authority which may preclude the safe and prudent use of the land and water resources of Washington County. 3. The hydrogeologic study shall be conducted by a qualified hydrogeologist or geologist with a minimum of 5 years experience in hydrogeology and a B.S. or B.A. degree in Geology, hereafter referred to as the "geologist." All soils evalations conducted in conjunction with a hydrogeologic study shall be performed by a qualified soil scientist with a minimum 15 credits in soil science and a R.S. or B.A. degree in agronomy, soil science, or the equivalent. 4. The geologist, prior to the study, shall submit to the Approving Authority a written proposal of the methods to be used to determine the specific hydrogeologic characteristics of the site. 5. The Approving Authority shall review the proposed method of study, provide comments or recommendations, grant approval or disapproval in writing, and verify, througi site inspection, all field investigations deemed necessary to provide the required information. 6. Following the hydrogeologic study, the geologist shall. submit a written report to the Approving Authority. The report shall contain analyses of the following conditions substantiated by field etitvc at, tochnlquec, which h+.c -63- been specifically requested by the Approving Authority's report referenced in Paragraph 1. a. Bedrock conditions which underlie and surround the proposed project. The report shall specify the impact of these conditions on the proposed site, and shall specifically address: 1) Bedrock lithologies and variability, 2) Bedrock structure, 3) Folding and faulting, 4) Relative permeabilities, and 5) Degree and orie-itation of earth fractures. b. Estimates of variability in depth to bedrock (and method of determination) throughout the proposed project. Actual depth to bedrock in proposed absorption areas shall be thoroughly documented. c. The following characteristics pertaining to groundwater conditions: l) Depth to groundwater and its seasonal variation; 2) Direction of groundwater movement; 3) Seasonally high or perched groundwater conditonsf 4) Groundwater quality: a) on site, h) upgradient, and c) dovngradient. d. The availability of an adequate groundwater supply and the impact of the proposed project on this supply; e. The following historical information which is available and pertinent to the proposed project shall be included in the iiydrogeolog is study report: 1) The surrounding density of housing, buildings and other impervious surfaces, and the projected -b4- 880 impact of the project on groundwater quality and availability; 2) The proximity and nature of nearby malfunctioning on -site sewage disposal systems; 3) The proximity and nature of contaminated or degraded wells within a 1/2 -mile radius of the proposed project; and 4) Other pertinent information which might relate to the proper functioning of on -site sewage disposal systems within the proposed project. f. The geologist shall present conclusions and recommenda- tions regarding the projected impact of the proposed project on the hydrogeologic environment. Where appro- priate, the geologist shall provide recommendations as to loo layout, street layout, absorption area position, well placement, stormwater management, sedimentation and erosion control, groundwater monitoring, and appro- priate other recommendations regarding on -site soils, hydrogeologic, and drainage characteristics. 7. The signature of the geologist shall be affixed to the title page of the report, certifying that all data obtained in completing this work have been collected, evaluated, and interpreted by him or under his personal supervision and that the conclusions and recommendations set forth therein represent the most reasonable and correct interpretation of those data obtained during the course of the hydrogeologic study. 8. Land possessing the following characteristics shall he unsuitable for on -site sewage disposal: -65- •Lk'fl a. Groundwater impacts causing groundwater quality to exceed EPA drinking water standards, b. Presence of a significant risk of sinkhole occurrence in the proximity of designated absorption areas, c. Unpredictable variability of depth to bedrock or shallow pinnacles beneath proposed absorption areas, d. Significant increases in stormwater runoff which rely upon internal drainage, e. Inability to obtain a groundwater supply which meets EPA drinking water standards, f. Inadequate groundwater supply or well yields available for the project. 9. The following maps shall also be included as part of the hydrogeologic study report. The base map shall consist of a scale of 1 inch - 200 feet or larger with minimum 5 -foot elevation contours, with its accuracy certified by a licensed surveyor or professional engineer: a. U.S.D.A. Soil Survey mapping units and location of all site tests including soil profile descriptions, percola- tion tests, monitoring wells, hydraulic conductivity tests, geophysical test sites and test borings, where applicable, superimposed upon the Preliminary Subdivi- sion Piat, b. Representative cross sections which illustrate the posi- tion and variability of on -site sewage disposal limita- tions relative to proposed absorption areas and well. locations, c. An overburden thickness map detailing the approximate contours of the depth to any limiting zones on site, and d. A groundwater table contour map. -66- I� 10. Final approval of propc findings of the hydros the standards set for applicable regulations. s -i 1I cI g 7 . C'? p OFFICIAL ACTION RESOLUTION A RESOLUTION FOR THE PURPOSE OF INDICATING THE INTENT OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY (THE "COUNTY") TO PARTICIPATE IN THE FINANCING OF THE ACQUISITION OF A CERTAIN FACILITY IN WASHINGTON COUNTY, MARYLAND BY PRINTERS II INCORPORATED, A DISTRICT OF COLUMBIA CORPORATION ("PRINTERS II"), OR A PARTNERSHIP TO BE FORMED BY THE CONTROLLING SHAREHOLDERS OF PRINTERS II ("SHELL PARTNERSHIP"); ACCEPTING THE LETTER OF INTENT FROM PRINTERS II AND THE SHELL PARTNERSHIP, THEREBY EVIDENCING THE COUNTY'S INTENT TO PARTICIPATE IN SUCH FINANCING; AND DETERMINING VARIOUS MATTERS IN CONNECTION THEREWITH. RECITALS County Commissioners of Washington County (the "County") has received a letter of intent from Printers II, a District of Columbia corporation ("Printers II") and Robert W. Saum, Jr., on behalf of a partnership to be formed by the controlling share- holders of Printers II ("Shell Partnership"), dated July 5, 1988 (the "Letter of Intent), which is attached hereto as Exhibit A and incorporated by reference herein. The Letter of Intent requests the County to participate, pursuant to Sections 14-101 through 14-109, inclusive, of Article 41 of the Annotated Code of Maryland (1936 Replacement Volume), as amended (the "Act'') in the financing of the acquisition (as defined in the Act) by Printers II or Shell Partnership (which are "facility applicants" and "facility users" as defined in the Act), of certain facilities (the "Facility") which are described more thoroughly in the Letter of Intent, to be located in Washington County and to be either owned and operated by Printers II or owned by Shell Partnership and leased to Printers II (whichever of Printers II or Shell Partnership is determined to be the owner of the Facility is hereafter referred to as (the "Borrower") by author- izing, issuing, selling and delivering one or more of its economic development revenue bonds (the "Bonds") and loaning the proceeds of the sale of the Bonds to the Borrower (the "Loan") to finance the acquisition of the Facility, pursuant to the Act. The County has determined that the acquisition of the Facility by the Borrower will assist in relieving conditions of unemployment in the State of Maryland (the "State") and Washing- ton County, encourage the increase of industry and commerce and a balanced economy in the State and Washington County, assist in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State and Washing- ton County, promote economic development and generally promote the health, welfare and safety of the residents of the State and Washington County, and the County has determined to participate 1 n Thal fl ngnrir i-he r -_F v doocyibsd gai.araily Ii, the Latter of Intent. Section 14-101(h) of the Act contemplates the execution of a letter of intent or similar agreement between the "facility applicant" (as defined in the Act) and the county or municipality issuing economic development revenue bonds. SECTION 1. BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS OF WASHINGTON COUNTY, That the County intends to partici- pate in the financing of the acquisition of the Facility by the Borrower, a facility applicant and a facility user (as defined in the Act), as described generally in the Letter of Intent and as permitted by the Act. SECTION 2. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the County intends to provide assistance in such financing in an amount not to exceed FIVE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($5,700,000) by authorizing the issuance, sale and delivery of its economic development revenue bonds pursuant to the Act (the "Bonds") and by loaning the proceeds thereof to the Borrower for the purpose of financing the acquisition by the Borrower of the Facility (directly or by reimbursement), and paying the necessary expenses of preparing, printing and selling the Bonds and certain other costs permitted by the Act, all in accordance with the Act. SECTION 3. BE IT FURTHER RESOL COMMISSIONERS OF WASHINGTON COUNTY, That the authorization, issuance and sale of the Bonds is subject to (a) a public hearing to be hold by the County pursuant to at least fourteen (14) days notice in a newspaper of general circulation in Washington County, (b) the approval of, and appropriate action by, the Board of County Commissioners of Washington County (the "Board") which action includes, but is not limited to, passage by the Board of a resolution implementing the financing Facility and approving the Bonds (the "Authorizing Resolution") and either the passage of a final administrative resolution or the execution of a written order as will be provided for in the Authorizing Resolution, and (c) the approval of detailed provisions of all documents pertain- ing to the financing as yet to be developed. SECTION 4. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the County will not incur any pecuniary liabilities or costs (direct or indirect) in connection with the authorization, issuance, sale and delivery of the Bonds or the financing of the acquisition of the Facility, and as provided by the Act or other laws of the State, neither the principal amount of the Bonds, premium, if any, nor interest thereon shall ever constitute an indebtedness or a charge against the general credit or taxing powers of the County within the meaning of any constitutional or charter provision or statutory limitation, and neither the principal amount of the Bonds, premium, if any, nor interest thereon shall ever constitute or i"e ri Qe to any pecu,iar licbilat_. Of t n. - any r.�.. ..... �. �1 .+ a.Y Of \.aa�J a..V I.0 31 l.y. -2- SECTION 5. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Letter of Intent is hereby accepted by the County and the President of the Board is {, hereby authorized and directed to execute the Letter of Intent in order to evidence such acceptance. The Letter of Intent is intended to constitute a "Letter of Intent" as contemplated by Section 14-101(h) of the Act. SECTION 6. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bonds shall be authorized, issued, sold, delivered and administered without direct or indirect cost to the County and, to that end, the documents relating to the issuance of the Bonds shall provide for the payment, directly by the Borrower, of all necessary expenses of preparing, printing and selling the Bonds, including (without limitation) any and all costs, fees and expenses incurred by or on behalf of the County in connection with the authorization, issuance, sale, delivery and administration of the Bonds, and all costs incurred in connection with the development of the appro- priate legal documents, including (without limitation) the fees and expenses of bond counsel to the County and compensation to any person (other than full-time employees of the County) or entity performing services for or on behalf of the County in connection with the transactions contemplated by this Resolution, the Authorizing Resolution, and any subsequent resolution or written order whether or not the proposed financing is consum- mated. SECTION 7. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the adoption of this Resolution will constitute official action by the County indica- tive of the willingness and bona fide present intent of the County to authorize the issuance, sale and delivery of the Bonds and is intended as a material inducement to the Borrower (I) to proceed, at the Borrower's own risk, with the acquisition of the Facility in Washington County as permitted by the Act, and (ii) to engage in business in Washington County; provided, however, that (a) the County cannot make an absolute guaranty, promise or assurance that the terms and conditions of the Bonds (including, but not limited to, the availability of a private activity bond allocation, the principal amount of the Bonds to be issued, the rate or rates of interest the Bonds are to bear, the times and place or places that the interest on the Bonds is to be paid, the time that the Bonds are to be executed, issued and delivered, the form, tenor and denominations of the Bonds and the times and place or places of payment of the Bonds and the amounts payable at such times), as actually authorized to be issued, will be acceptable to the Borrower, (b) the County can give no guaranty, promise or assurance as to the availability of ready, willing and able purchasers of the Bonds to whom the Bonds may lawfully be so,l d under am:nrr others appl i cable f dr.ral nd •+-.4- this -� . --rr.. .... . .. .... ... .........� ...,.. nthisResolutionnot and legal investment laws, (c) does constitute approval of or final authority for the issuance, sale ______ and delivery of the Bonds since the proposed issuance of the Bonds must be approved pursuant to a public hearing and this Resolution does not constitute such approval and the Authorizing Resolution and any resolution or written order authorized in the Authorizing Resolution must be adopted in accordance with the provisions of applicable law, providing for the authorization, issuance, sale and delivery of the Bonds and determining all other matters in connection with the consummation of the trans- actions contemplated hereunder, and (d) the County reserves the right at any and all times to refrain from approving or issuing the Bonds or to postpone such issuance for such time or times as it may determine if it, in its sole discretion, determines (i) that the interest on the Bonds will or mny not be examnt from federal income taxation, or (ii) that the issuance of the Bonds =_ might prevent it from issuing its bonds, the interest on which will be exempt from federal income taxation, to finance one or more other facilities at such time or times as it desires to issue such bonds for other facilities. SECTION 8. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That this Resolution shall take effect from the date of its adoption. PASSED AND ADOPTED this day of July, 1988. ATTEST: COUNTY COMMISSIONERS OF !'- WASHINGTON COUNTY By: Clerk Ronald L. Bowers, President Board of County Commissioners of Washington County MA:6044-25 -4- PRINTERS 5133 FROLICH LANE / TUXEDO, MARYLAND 20781 i TELEPHONE (301) 341.3440 INCORPORATED July 5, 1988 County Commissioners of Washington County c/o Leroy R. Burtner, Director Washington County Economic Development Commission Court House Annex Hagerstown, Maryland 21740 Re: $5,700,000 Washington County, Maryland Economic Development Revenue Bonds (Printers II, Incorporated Project) Ladies and Gentlemen: Printers II, Incorporated, a District of Columbia corpora- tion, ("Printers II") and Robert W. Saum, Jr. on behalf of a partnership to be formed by the controlling shareholders of Printers II ("Shell Partnership") request that County Commission- ers of Washington County (the "County") participate in the financing of the acquisition and construction of a facility hereinafter described (the "Facility") to be located in Washing- ton County, Maryland, by authorizing, issuing and selling its economic development revenue bonds in a principal amount not to exceed $5,700,000 (the "Bonds"), pursuant to Sections 14-101 through 14-109, inclusive, of Article 41 of the Annotated Code of Maryland (1986 Replacement Volume) as amended (the "Act"). It is intended that this letter, if accepted by the County, shall constitute a "letter of intent" as contemplated by Section 14- 101(h) of the Act. It is proposed that. the County loan the proceeds of the Bonds (the "Loan") to whichever of Printers II or Shell Partner- ship is determined to be the owner of the Facility (such entity is hereinafter referred to as the "Borrower") pursuant to the terms and provisions of a loan or similar agreement to be entered into by the County and the Borrower (the "Loan Agreement"). The Loan Agreement will require the Borrower to use the proceeds of the Loan for the sole and exclusive purpose of financing the acquisition and construction of the Facility by the Borrower as generally described herein and the payment of the costs of preparing and sd ii nj Lilt Brn,d5 and other costs a permitted h1, the Act. The Bonds shall be repayable by the County solely from the revenue derived from loan repayments (both principal and interest) made to the County by the Borrower pursuant to the terms and prc,vis.ions of the Loan Agreement and from any other moneys made available to the County for such purpose. County Commissioners of Washington County July 5, 1988 Page 2 The Borrower is a "facility applicant" and "facility user" (as mentioned in Section 14-101(h) and (i) of the Act). The Loan Agreement will require the Borrower to make loan payments (both principal and interest) sufficient to pay (a) the principal of, and interest and redemption premium, if any, on, the Bonds, and (b) all expenses incurred by the County in connection with the issuance and sale of the Bonds and the making and administration of the Loan, as the same become due and payable. The Borrower agrees that all costs of acquiring and constructing the Facility in excess of the proceeds of the Loan will be paid by the Borrower. The Loan Agreement will contain such other provisions as may be required by law and as may be agreed to by the Borrower, the County and the purchaser(s) of the Bonds, as permitted by law. The Facility, which is a "facility" as defined in the Act, will consist generally of (a) the acquisition, renovation and improvement of 27.96 acres of land and improvements thereon located at Double Day & Co, West Water St in Smithburg, Maryland (the "Smithburg Property"); (b) the acquisition, renovation and improvement of 94.46 acres of land and improvements thereon located at Doubleday Manufacturing, Inc. on Hopewell in Cedar Lawn, Hagerstown, Maryland (the "Cedar Lawn Property") (both the Smithburg Property and the Cedar Lawn Property are generally known as "the Berryville Graphics Facilities"); (c) the construc- tion of one or more buildings of approximately 60,000 square feet of manufacturing and related office and storage space on the Cedar Lawn Property (the existing improvements on the Smithburg Property and the Cedar Lawn Property and the construction of one or more buildings of approximately 60,000 square feet on the Cedar Lawn Property hereinafter referred to as the "Buildings"); (d) equipment for the Buildings; and (e) any other improvements or interests in land necessary or desirable for operation of the Buildings, together with roads or other rights of access, utilities and other facilities necessary to the acquisition, renovation, improvement, construction and operation of the Facility. It is expected that in the first year of operation the Facility will provide employment for approximately 200 people, and that within live years the Facility will provide employment for approximately 250 people. County Commissioners of Washington County July 5, 1988 Page 3 The acquisition of the Facility will promote the declared legislative purposes of the Act by (a) relieving conditions of unemployment in the State of Maryland (the "State") and in Washington County, (b) encouraging the increase of industry and commerce and a balanced economy in the State and in Washington County, (c) assisting in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State and in Washington County, (d) promoting economic development, and (e) generally promoting the health, welfare and safety of the residents of the State and Washington County. The acquisition of the Facility will advance one or more of the goals for the issuance of Private Activity Bonds, as set forth in the Allocation Statute, Sections 13-801 through 13-807 of the Financial Institutiors Article of the Annotated Code of Maryland (1986 Replacement Volume), as amended (the "Allocation Statute"), by (a) creating significant job opportunities, (b) locating job creating facilities in an area of high unemployment, (c) assisting in the attraction of new and diverse firms to the State, and (d) promoting the health, safety, education or welfare of the citizens of the State. Financial considerations have been a factor leading to the Borrower's decision to acquire the Facility and its decision has been influenced materially by the availability of economic development revenue bond financing. It is expressly understood and agreed that (a) the County will not incur any liability, direct or indirect, or any cost, direct or indirect, in connection with the issuance and sale of the Bonds, the making of the Loan or the rehabilitation, moderni- zation and construction of the Facility, and (b) the Facility will be acquired so as to conform to the requirement.s of the Borrower. Accordingly, the 'Borrower will (a) select, supervise and work with the suppliers and contractors and will provide, construct, and equip the Facility, and negotiate and approve all contracts, construction plans, drawings, specifications, and all financing arrangements in connection with the acquisition and construction of the Facility, and (b) pay all costs incurred by, or on behalf of, the County in connection with the issuance, sale, delivery and administration of the Bonds, the making of the Loan, including the administration thereof, and in connection with the acquisition and construction of the Facility, including (without limitation) all costs incurred in connection with the ati is 1 documents necessAf y to deVEl UE)I,IC:1L of %tii- ca ��j✓i��v�.i ;. <, `^y .. documents - - effectuate the proposed financing and acquisition, including (without limitation) the fees of bond counsel to the County and County Commissioners of Washington County July 5, 1988 Page 4 compensation to any other person (other than full time employees of the County) performing services by or on behalf of the County in connection with the transactions contemplated by this letter of intent whether or not the proposed financing and acquisition are consummated. It is further understood and agreed to by the Borrower that the proposal contained herein is subject to (a) public hearing to be held by the County pursuant to at least fourteen (14) days notice in a newspaper of general circulation in Washington County, (b) the approval of, and appropriate action by the Board of County Commissioners of Washington County which action includes, but is not limited to, passage by the County of a resolution implementing the financing of the Facility described herein and approving the Bonds (the "Authorizing Resolution"), and either the passage of a final administrative resolution or the execution of a Written Order as will be provided for in the Authorizing Resolution, and (c) the approval of Detailed provi- sions of all documents pertaining to the financing as yet to be developed. The acceptance of this letter by the County shall constitute evidence of the present intent of the County to authorise the issuance, sale and delivery of the Bonds and to authorize the Loan for the purposes described herein subject to the conditions described herein; provided, however, that the Borrower recognizes and acknowledges that: 1. The County cannot make any guaranty, promise or assurance that the terms and conditions (including, but not limited to, the principal amount of the Bonds to be issued, the rate or rates of interest the Bonds are to bear, the times that the interest on the Bonds is to be paid, the redemption provi- sions for the Bonds, the time the Bonds are to be executed, issued and delivered and their form, tenor and denomination) of the Bonds as actually authorized to be issued, will be acceptable to the Borrower: 2. The County can give no guaranty, promise or assurance as to the availability of ready, willing and able purchawers of the Bonds; 3. The County reserves the right to refrain from issuing the bonds hereby authorized or to postpone such issuance for such time or times as it may determine if it, in its sole discretion, determines (i) that the interest on such Bends ill or :'ey of he exempt from federal income taxation, or (ii) that the issuance of such Bonds might prevent it from issuing its bonds, the interest County Commissioners of Washington County July 5, 1988 Page 5 on which will be exempt from federal income taxation, to finance one or more other facilities at such time or times as it desires to issue such bonds for other facilities; 4. THE BONDS WILL BE SUBJECT TO THE COUNTY'S PRIVATE ACTIVITY BOND ALLOCATION AND THE COUNTY CANNOT GUARANTY THAT A PRIVATE ACTIVITY BOND ALLOCATION WILL BE AVAILABLE FOR THE BONDS; AND 5. Pursuant to Section 13-806 of the Allocation Statute, the Borrower must make best efforts to use "minority business enterprises" (as defined in Section 18-601 of the State Finance and Procurement Article of the Annotated Code of Maryland, as amended), in the construction of the Facility or the provision of services or supplies with the proceeds of the Bonds. The County's adoption of an Official Action Resolution and its acceptance of this letter of intent are intended solely to evidence the County's present intent to issue the Bonds. Neither the acceptance of this letter of intent nor the adoption of an Official Action Resolution or the Authorizing Resolution will constitute any assurance by the County to any prospective purchasers of the Bonds that (i) the Borrower will have the ability to repay the Loan, (ii) the Facility will be feasible economically or otherwise, (iii) the Facility will be completed or (iv) the Facility will be in compliance with applicable County, State or Federal laws. The Borrower agrees to use its best efforts to complete the financing contemplated hereunder and to acquire and construct the Facility. It is also understood and agreed that the County reserves the right not to grant authorization for the Bonds or the Facility in the Resolution should either the Facility or such authorization prove to be in violation of the County, State or Federal laws applicable to the Facility or such authorization unless appropriate steps are taken by the Borrower to alter the Facility or otherwise, to bring the proposed Facility or financ- ing into compliance with such laws. The Borrower agrees that it will provide all certifications (including opinions of its counsel) required by bond counsel to the County in order to establish that interest on the Bonds will be t from e'erol ieCo!"' rnverinn (inrindinv certifications enabling theCounty to certify that the Bonds are not arbitrage bonds). The Borrower also agrees that in the event that it County Commissioners of Washington County July 5, 1988 Page 6 determines that a portion of the land to be acquired out of the proceeds of the Bonds is not required for operations of the Borrower, any proceeds from the sale of the Land shall be applied to a reduction of principal on the Bonds. Neither the Bonds, nor any interest thereon, shall ever constitute an indebtedness or a charge against the general credit or taxing powers of the County, within the meaning of any constitutional or charter provisions or statutory limitation, and neither shall ever constitute or give rise to any pecuniary liability of the County. In the event that tie financing transactions contemplated by this letter of intent shall not have occurred by September 30, 1988 (or such shorter period if required by applicable law), the County's authorization requested under this letter of intent shall, at the option of the County, terminate. Very truly yours, PRINTERS INCORPORATED By - ey B. Al Vice President - Finance Accepted this day of July, 1988, pursuant to an Official Action Resolution passed by the County Commissioners of Washington County on July , 1988, by the President of the Board of County Commissioners of Washington County. ATTEST COUNTY COMMISSIONERS OF WASHINGTON COUNTY Cler By: Ronald L. Bowers, President Board of County Commissioners ^f Washington County it April 3, 1934 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore, and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Rev. Joseph M. Quesenberry, Long Meadow Church of the Brethren, followed by the Pledge of Allegiance to the Flag by the full Assemblage PROCLAMATION - PRIVATE PROPERTY WEEK Motion made by Commissioner Salvatore, seconded by Downey to Proclaim the week of April 8 - 14, 1984, as Private Property Week in Washington County, urging all citizen to join in this observance by taking an active part in appropriate and significant programs sponsored by Washington County Realtors and Realtor Associates. Unanimously approved. The proclamation was read by Commissioner Bowers and presented to Marie Lehman, President of the Greater Hagerstown Board of Realtors. MISS MARYLAND SCHOLARSHIP PAGEANT Charles Skinner, Executive Director of the Miss Maryland Scholarship Pageant spon- soring organization, appeared before the Commissioners to request their support of this year's pageant which will be held during the week of June 17th. He suggestd that they host a reception for the contestants. MOTION made by Commissioner Snook, seconded by Roulette to pledge continuing support of the Miss Maryland Scholarship Pageant, and allocate up to $1,000 to sponsor an event in this year's program. Unanimously approved. At this time Commissioner Salvatore was excused from the Meeting. IMPLEMENT PHASE I - DATA PROCESSING PROGRAM Motion made by Commissioner Roulette, seconded by Snook to proceed with implementing Phase I of. the Data Processing Program as recommended by the study committee, this date, with the one time cost of $10,426 to be appropriated from Revenue Sharing Funds Unanimously approved. MINUTES OF COUNTY COMMISSIONERS MEETINGS - FEBRUARY 28 AND MARCH 6, 1984 Motion made by Commissioner Downey, seconded y Roulette to approve of the Minutes of the County Commissioners Meetings for February 28 and March 6, 1984, as submitted. Unanimously approved. EXCUSE TAXES - B & B QUALITY PETS, INC. Motion made by Commis' —saner Downey, seconded by Roulette to excuse the personal property taxes for FY 1983/84 of B & B Quality Pets, Inc., in the amount of $130.39, based on the opinion of the County Treasurer that these taxes are uncollectible. Unanimously approved. CFR COVERAGE AT THE AIRPORT The Commissioners agreed to ask the State to donate two (2) buildings and a fire test pit at the former Fairchild plant to the County government, and to approach Fairchild about acquiring its fire suppression foam equipment, since Fairchild is closing its crash, fire and rescue station, in order that these safety features will continue to be provided at the Washington County Regional Airport. TRANSFER BLOCK GRANT FUNDS Mot on made by Commissioner Roulette, seconded by Downey to approve of the transfer of $20,000 remaining in the 1979 Community Development Block Grant Program from DCIionstiation ,Rehab o Stra,.chub. ...,,-imcu(-1 ovcd. 1984 AIRSHOW Motion made by Commissioner Roulette, seconded by Downey to support and grant per- mission for the 1.984 Great Hagerstown Airshow to be held at the Washington County Regional Airport. Unanimously approved. PUBLIC HEARTNG - ADDITION OF MARYLAND SYMPHONY ORCHESTRA TO CONTRIBUTION LIST Commissioner Bowers convened the Meeting in Public fleartng at 1.0:00 a.m. .n 1egard to the request of the Maryland Symphony Orchestra to be added to the list of organ- ® izations eligible for contributions from the County. Bob Kenney, member of the nu rd of n;rcctoro and Mrs Mel —n Anv,_nth:.1 _ Prooirinn+ of $-hr+ Th.ahra (;uil,l: quh- mittedwritten documentation to justify the request, which pointed out the positive impact the orchestra has on th entire community. Members of the Board of Directors who were present at the Meeting also exprensed their support of the request. There being no one else present to speak for nor against the request, Commissioner Bowers announced that the Record would be kept open for one (1) week for additional comments to be submitted in writing. 1k closed the Hearing at 10:30 a.m. and reconvened the II Meeting in Regular. Session. APRIL 3, 1984 MINUTES, CONT'D. FILL PART-TIME DRIVER POSITIONS MOtiOn made -by Commissioner Downey, seconded by Roulette to authorize filling of two part-time bus driver positions as the vacancies occur. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Snook, seconded by Downey to convene in Executive Session at 10:50 a.m. in regard to litigation and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6&7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Notion made by Commissioner Roulette, seconded by Downey to reconvene in Regular session at 11:00 a.m. Unanimously approved. BID OPENING AND AWARD - PRINTED MATERIAL FOR PRIMARY ELECTION Bids for supplying printed material for the May 8, 1984, Primary Election were publicly opened and read aloud. Firms participating in the bidding and their pro- posals were as follows: Printers Ink - $2,860.00; Tri-State Printing - $4,270.00. Dottie Waters, Election Board Registrar, stated that the low bid was in order and recommended that it be accepted. MOTION made by Commissioner Roulette, seconded by Snook to award the contract for printed material for the Primary Election to Printers Ink who submitted the low bid of $2,860.00. Unanimously approved. RECONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to reconvene in Executive Session at 11:05 a.m. in regard to property matters, pursuant to the authority con- tained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Snook to reconvene in Regular Session at 11:20 a.m. Unanimously approved. RECESS The Meeting was recessed at 11:45 a.m. for lunch at the Washington County Free Library with the Library Board of Trustees. AFTERNOON SESSION The Afternoon Session was convened at 1:30 p.m. by President Bowers with Vice -Presider Roulette and Commissioners Downey, Salvatore and Snook present. BUDGET HEARINGS The following fiscal year 1984/85 budget requests were submitted: ROADS DEPARTMENT submitted by Ted Wolford, Roads Department Superintendent, in the amount of $3,674,243; HEALTH DEPARTMENT - submitted by Dr. John Neill, Health Officer, and Charles Rouzer, Chairman of the Advisory Board of Health, in the amount of $1,293,553.1 No decisions were made at this time. REZONING DECISIONS - RZ-273, RZ-274, RZ-275, RZ-277 After due consideration of the matters and facts adduced at the Public Hearing held on March 12, 1984, and the recommendations of the Planning Commission dated April 3, 1984, the following decisions were rendered: RZ-273 - MOTION made by Commissioner Snook, seconded by Downey to APPROVE of the application of Miriam B. and Dr. Bernard Ostrow to change the Classification of the pLura�LY located 5/10 Ti1c m -wet of the 2. 65/1-70 interchange, consisting of 56.84 acres from "A" Agriculture to "HI"Highway Interchange, on the basis that it was a mistake to rezone this property from "P" Public to "A" Agriculture. Motion FAILED with Commissioners Bowers and Salvatore voting "NO" and Commissioner Roulette "ABSTAINING". RZ-274 - Motion made by Commissioner Downey, seconded by Salvatore to APPROVE of the application of The Martin Company to change the Classification of the property located Northwest of the corner of Pennsylvania Avenue and Maugans Avenue consisting of .99 acres from "RS" Residential, Suburban to "BG" Business General, and to adopt the findings of fact of the Planning Commission in this Case as the findings of fact of this Board. Unani- mously approved. RZ-275 - Motion made by Commissioner Salvatore, seconded by Snook to APPROVE of the application of Roy K. Harbaugh to change the Classification of the property located on the west side of Antietam Drive, 100' south of its intersection with Security Road, consisting of .4 acres from "RS" Residential, Suburban to "BG" Business, Gen- eral, and to adopt the findings of fact of the Planning Commission in this case as the findings of fact of this Board. Unanimously approved. r I I I APRIL 3, 1.984 MINUTES, CONT'D. 1 E t 1 RZ-277 - MOTION made by Commissioner Salvatore, seconded by Roulette to APPROVE of the application of R. Martin Palmer, Jr. ,requesting a map overlay of "HP" Historic Preservation District of the property located at Rt. 5, Box 465, Hagerstown, Maryl consisting of 2.47 acres and to adopt the findings of fact of the Planning Commiss; in this case as the findings of fact of this Board. Unanimously approved. RZ-278 - Application withdrawn. BUDGET HEARING - WASHINGTON COUNTY FREE LIBRARY The Fiscal Year 1984/85 Budget request for the Washington County Free Library was submitted by Charles Blank, Director, Cathy O'Connell, Assistant Director, and Richard Grumbacher, Chairman of the Board of Trustees, in the amount of $1,120,635. No decisions were made at this time. ADJOURNMENT Motion made by Commissioner Snook, seconded by Roulette to adjourn at 4:15 p.m. Unanimously approved. ( 8 - Cou ty Attorney April 10, 1984 Hagerstown, Maryland 21740 Clerk The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette, and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Rev. Wendell Gross, First Baptist Church of Hagerstown, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION - FAIR HOUSING MONTH Motion made by Commissioner Downey, seconded by Salvatore to Proclaim the month of April 1984 as Fair Housing Month in Washington County, and encourage all citizens to attend the activities promoting fair housing and work to achieve "equal housing opportunity" for all. Unanimously approved. Commissioner Bowers read the Proclamati and presented it to Mary Lou Yeager, Executive Director of the Greater Hagerstown Board of fiealcv.s. FISCAL YEAR 1985 REVENUE PROJECTIONS Jim Young, Director of Finance, met with the Commissioners to review a summary of estimated revenues and expenditures requested for Fiscal Year 1985. The summary revealed that the expenditures of $63,166,822 exceeded revenues by $8,145,134, based on the current tax rate of $1.98. yr. Young also reported on changes in expenditures over the current year, and comparisons of the County's taxable income to tax collections. He said that the major revenue problem can be attributed to the County's high unemployment rate and reduced income tax collections. The Commis- ifl.t.+, re requested Young to prepare a reviee' FY 1984 Budget which would reflect you n�c�_��—_� recent changes made in expenditures, deferral of projects and estimated revenues. LINE ITEM TRANSFER _ SHERIFF" S DEPARTMENT 1UDGET Motion made by Commissioner. Downey, seconded by Roulette to approve of the transfer of $9500.00 in the Sheriff's Department Budget from Salaries (70-406-000) to Overtime in the Judicial, Patrol and Detention Divisions. Unanimously approved. REQUEST TO PURCHASE USED PATROL CAR Sheriff Bowman informed the Commissioners that the Town of Boonsboro had a fully apped patro! `AT- f„' for $3500. He requested permission to use $3400 of confiscated money that had been returned to the County to purchase the car as a replacement for one of his older vehicles. The Commissioners took the request under advisement at this time. BUDGET HEARINGS-SIIERIFE'S DEPARTMENT Budget requests for FY 1984/85 for the Sheriff's Department were submitted as follows JUDICIAL DIVISION submitted by Lt. Clifford Kershner in the amount of $161,486; PATROL DIVISION submitted by Lt. Ronald Norford in the amount of $783,220; DETENTION DIVISION submitted by Lt. Wayne McAllister in the amount of $1,046,975. No decisions were made at. this time. APRIL 10, 1984 MINUTES, CONT'D PUBLIC HEARING - AIRPORT ENTERPRISE ZONE President Bowers convened the Meeting in Public Hearing ac 11:25 a.m. to consider the establishment of an Airport Enterprise Zone as duly published on March 23, 1984. Leroy Burtner, Economic Development Commission Director, displayed a map showing the boundaries of the proposed zone, explaining that, upon designation, business and industrial establishments located within the zone will be eliaible for State and Local tax relief and other economic incentives. The County Administrator acknowl- edged the help of Mike Wagner of Tri-County Council, who was present at the Hearing, with this and other E.D.A. and A.R.C. Projects. There being no one else present to speak for nor against the proposed designation, Commissioner Bowers closed the Hearing at 11:40 a.m. and reconvened the Meeting in Regular Session. SUBMIT APPLICATION FOR THE DESIGNATION OF AN AIRPORT ENTERPRISE ZONE Motion made by Commissioner Snook, seconded by Roulette to submit an application to the Maryland Department of Economic & Community Development for the establishment of an Airport Enterprise Zone which will include the Washington County Regional Airport and surrounding area including the former Fairchild facility for a total of approximately 800 acres. Unanimously approved. CONVENE IN PUBLIC HEARING - PACKAGING SERVICES, INC. BOND ISSUE The President convened the Meeting in Public Hearing at 11:45 a.m. in regard to the issuance of Washington County Industrial Development Revenue Bonds in an amount hot to exceed $1,250,000 for the benefit of Packaging Services of Maryland, Inc_. Leroy Burtner, Economic Development Commission Director, introduced Timmy Ruppersberger, Bond Council, who submitted an authorizing Resolution for the Commissioners consider- ation, and Larry Sprankle, Packaging Services Plant Manager, who explained the planned use of the proceeds of the Bonds. There being no one else present to speak for nor against said Bond Issue, the President closed the Hearing at 12:00 noon and reconvened the Meeting in Regular Session. PACKAGING SERVICES OF MARYLAND, INC., BOND ISSUE RESOLUTION Motion made by Commissioner Snook, seconded by Roulette to adopt a Resolution authorizing and empowering the County Commissioners of Washington County to issue, sell and deliver, at any time or from time to time, its revenue bonds in a principal amount not to exceed $1,250,000 in order to loan the proceeds thereof to Packaging Services of Maryland, Inc.; authorizing the President of the Board of County Commis- sioners to accept on behalf of the County Commissioners a Letter of Intent from Packaging Services of Maryland, Inc. and to approve and sign all documents in con- nection with said issuance. Unanimously approved. (Copy of Resolution attached.) REAPPOINTMENT TO INSURANCE COMMITTEE Motion made by Commissioner Roulette, seconded by Snook to reappoint Arthur Staymates and James Shifler to serve as members of the Washington County Insurance Committee. Unanimously approved. ADDITION OF MARYLAND SYMPHONY ORCHESTRA TO CONTRIBUTION LIST Motlonih7acle by Commissioner Snook, seconded y Rou3ett10 approve of the addition of the Maryland Symphony Orchestra to the list of agencies eligible to receive con- tributions from the County, since there were no adverse comments received at the Public Hearing held on April 3, 1984, nor within the seven (7) day period following said Hearing. Unanimously approved. EXCUSE TAXES-AME_RICAN FLY ASH CO., LEAR SEIGLER, INC. Motion made by Commissioner Roulette, seconded by Downey to excuse the personal property taxes of American Fly Ash Company for FY 1981/82 in the amount of $212.06 and of Lear Seigler, Inc., for FY 1982/83 in the amount of $183.11, based on the ccrtflcation .f the County Treasurer that duplicate tax statements were issued on these accounts. Unanimously approved. MOSQUITO CONTROL WORK - SPRING VALLEY Motion made by Commissioner Roulette, seconded by Downey to approve of mosquito control work by the Maryland Department of Agriculture in the community of Spring Valley, with the community paying the local share of the cost estimated at $150.00. Unanimously approved. CLOSE LEXINGTON AVENUE FOR FIREMENS_CARNIVAL Motion made by Commissioner Roulette, seconded by Snook to approve of closing Lexing- ton Auntie from Lincoln Avenue to Virginia Avenue during the week of June 3, 1984, for the holding of the Halfway Volunteer F -e company Ca,nival. UnincuIy approved APPROPRIATION FOR SOCIAL SERVICES LEGAL FEES Motion made by Commissioner Roulette, seconded by Snook to allocate an additional $8,437.53 to the Department of Social Services to cover on half of the excess costs for' legal fees, with this amount to be appropriated from Operating Contingency. Unanimously approved. I 1 II APRIL 10, 1984 MINUTES, CONT'D Received for' Record April 18-, 1984 at 3:30 Y. M. Acts, Ordinances and Kesolutions for WashinEton County No. 3 939 Offic• of the Clerk of the Circuit court for W,shinSton Lounty RESOLUTION A RESOLUTION AUTHORIZING AND EMPOWERING COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ISSUE, SELL AND DELIVER, AT ANY TIME OR FROM TIME TO TIME, ITS REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $1,250,000 PURSUANT TO THE PROVISIONS OF SECTIONS 266A THROUGH 266-I OF ARTICLE 41 OF THE ANNOTATED CODE OF MARY- LAND (1982 REPLACEMENT VOLUME) IN ORDER TO LOAN THE PROCEEDS THEREOF TO PACKAGING SERVICES OF MARYLAND, INCORPORATED, A MARYLAND CORPORATION, FOR THE SOLE AND EXCLUSIVE PURPOSES DESCRIBED IN THIS RESOLUTION; AUTHO- RIZING THE PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ACCEPT, ON BEHALF OF COUNTY COMMISSIONERS OF WASHING- TON COUNTY, THE LETTER OF INTENT FROM PACKAG- ING SERVICES OF MARYLAND, INCORPORATED TO COUNTY COMMISSIONERS OF WASHINGTON COUNTY DATED MARCH 20, 1984; APPROVING, PURSUANT TO NOTICE AND FOLLOWING A PUBLIC HEARING, THE ISSUANCE OF SUCH BONDS; MAKING CERTAIN LEGIS- LATIVE FINDINGS, AMONG OTHERS, CONCERNING THE PUBLIC BENEFIT AND PURPOSE OF SUCH REVENUE BONDS; PROVIDING THAT SUCH REVENUE BONDS AND ANY PECUNIARY LIABILITY OF COUNTY COMMIS- SIONERS OF WASHINGTON COUNTY AUTHORIZING AND EM,POWERING THE PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY BY ORDER OR OTHERWISE, PRIOR TO THE ISSUANCE, SALE AND DELIVERY OF SUCH REVENUE BONDS, TO SPECIFY, PRESCRIBE, DETERMINE, PROVIDE FOR AND APPROVE THE RATE OR RATES OF INTEREST SUCH REVENUE BONDS ARE TO BEAR, THE FORM, TENOR, TERMS AND CONDITIONS OF AND SECURITY FOR SUCH REVENUE BONDS, AND TO SPECIFY, PRESCRIBE, DETERMINE, PROVIDE FOR AND APPROVE VARIOUS OTHER MATTERS, DETAILS, DOCUMENTS AND PROCE- DUkt 5 IN CONNECTION r.I II ,..,., A UTHCRIZ TION 1 I ISSUANCE, SECURITY, SALE AND PAYMENT FOR SUCH REVENUE BONDS; AND GENERALLY PROVIDING FOR AND - DETERMINING VARIOUS MATTERS AND DETAILS IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT OF SUCH REVENUE BONDS. RECITALS Sections 266A to 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume) (the "Act") empower all the counties and municipalities of the State of Maryland to issue revenue bonds and to loan the proceeds of the sale of such revenue bonds to a "facility user" to finance the acquisition (as defined in the Act) by such "facility user" of any facility (as defined in the Act). As defined in the Act, a "facility user" includes any individual, public or private corpor- ation, partnership, association, firm, or other entity whether or iii not created for the purpose of making a profit, which owns, leases, or uses all or any part of a facility. The Act declares it to be the legislative purpose to relieve conditions of unemployment in the State of Maryland, to encourage the increase of industry and a balanced economy in the State of Maryland, to assist in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland through among other things, port development and the control, reduction or abatement of pollution of the environment and the utilization and disposal of wastes (where proceeds of the bonds are used for that purpose), to promote economic development, to protect natural resources and encourage resource recovery and to generally promote the health, welfare and safety of the residents of each of the counties and municipalities -� of the State of Maryland. County Commissioners of Washington County, a body politic and corporate and a political subdivision of the State of Maryland (the "County"), has received a letter of intent dated March 20, 1984 (the "Letter of Intent"), from Packaging Services Of Maryland, Incorporated (in form attached hereto as Exhibit A), a "facility applicant" as defined in the Act, in which it is requested that the County participate in the financing of a certain facility as defined herein, by the issuance of certain bonds described therein and by loaning the proceeds thereof to Packaging Services Of Maryland, Incorporated, a Maryland corpora- tion (the "Borrower"), for the purpose of acquiring and owning the facility defined herein upon the terms and conditions of a loan —__- agreement to be entered into between the County and the Borrower as permitted by the Act (such loan being herein referred to as the "Loan"). The facility to be acquired will consist generally of renovations and improvements to (a) an existing facility owned by the Borrower and located on Governor Lane Boulevard, Route 2, Box - 43C, Williamsport., Maryland (the "Existing Facility"); (b) an -2- — 941 addition of one or more Buildings or additions to the Existing Facility containing approximately 23,100 square feet of space (the "Building"); (c) equipment for the Existing Facility and the Building (the "Equipment"); and (d) any other improvements or interests in land necessary or desirable for operation of the Existing Facility and the Building, together with roads and other rights of access, utilities, and other facilities necessary to the acquisition, construction and operation of the facility (the "Other Interests") the Existing Facility, the Building, the Equipment and the Other Interests collectively, the "Facility"). The County, in compliance with the Tax Equity and Fiscal Responsibility Act of 1982 (the "Federal Act") held a public hearing on April 10, 1984, pursuant to notice (in form attached hereto as Exhibit B) published in a newspaper of general circu- lation in Washington County on March 23, 1984 for the purpose apprising affected residents of Washington County, Maryland of the proposed issuance of the Bonas and allowing such residents to appear and be heard concerning the issuance of the Bonds and the location and nature of the Facility. The County has determined following such public hearing, that there will be a substantial public benefit from the issuance of the Bonds, that the issuance of the Bonds to finance the Facility is in the public interest and for a public purpose and by this Resolution has given its approval thereto. The County based upon the findings and determinations set. forth below, has determined to participate in the financing of the Facility by (a) issuing, selling and delivering its revenue bonds, in a principal amount not to exceed $1,250,000 (the "Bonds"), and (b) loaning the proceeds of such bonds to the Borrower upon the terms and conditions of one or more loan agree- ments (the "Loan Agreement"), as permitted by the Act. The Loan Agreement will require the Borrower (a) to use the proceeds of the Bonds solely to finance the acquisition of the Facility (except to the extent. "f amounts permitted to be expended for other purposes under the Act by the Loan Agreement), and (b) to make Loan payments which will be sufficient to enable the County to pay the principal of and interest and premium, if any, on the Bonds when and as the same shall become due and payable. As security for the Bonds, the County may enter into a one or more trust agreements with one or more corporate trustees or one or more purchase or assignment agreements with the pur- chaser or purchasers of the Bonds pursuant to which the County will assign to such trustee or purchaser or purchasers, among other things, and excepting the right of the County to indemni- fication and to payments of the County for expenses, all of the county's r. igi,i , ti Lle and i ntcrest in and to, and remedi a with respect to the Loan Agreement and any other document or instrument relating to the Loan, and any and all other property of every description and nature from time to time by delivery or by writing of any kind conveyed, pledged, assigned or transferred, as and for additional security for the Bonds. 942 SECTION 1. BE IT RESOLVED BY THE MISSIONERS OF WASHINGTON COUNTY, That, acting it is hereby found and etermined as follows: (1) The issuance and sale of the Bonds by the County pursuant to the Act in order to lend the proceeds thereof to the Borrower for the sole and exclusive purpose (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement) of financing the acquisition (within the meaning of the Act) by the Borrower of the Facility will facilitate and expedite the acquisition of the Facility by the Borrower. (2) The acquisition of the Facility by the Borrower and the financing and refinancing thereof as provided in this Resolu- tion will promote the declared legislative purposes of the Act by (a) creating jobs and employment, thus relieving conditions of unemployment in the State of Maryland and in Washington County; (b) encouraging the increase of industry and commerce and the creation of a balanced economy in the State of Maryland and in Washington County; (c) assisting in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland and in Washington County; (d) promoting economic development; and (e) promoting the health, welfare and safety of the residents of the State of Maryland and S" shington County. (3) In addition to authorizing the County itself to acquire the Facility and either to lease or to sell the same to the Borrower, the Act, authorizes facility financing to be accom- plished in the form of a loon by the County to the Borrower. The loan form of transaction avoids indirect costs and burdens on the County by eliminating any direct involvement by the County in the acquisition, ownership or administration of the Facility while permitting the imposition of ample controls on the use of the pro- ceeds of the Bonds, thus insuring that the public purposes of the Act and the Bond transactions are fully accomplished. Because it is in the best interests of the citizens of Washington County to finance the acquisition of the Facility by a loan to the Borrower, this Resolution contemplates and authorizes a transaction in the form of a loan of the proceeds of the Bonds by the County to the Borrower. Accordingly, this Resolution, together with the Loan Agreement and any other instrument pertaining to the issuance, sale or delivery of the Bonds including those instruments approved by the written order to be executed by the President of the Board of County Commissioners prior to the issuance, sale and delivery of the Bonds (the "Written Order") (such other instruments, together with the Loan Agreement, collectively, the "Bond Docu- ments"), contains, or shall contain, such provisions as the County deems apnrnnriatt., effect the financing of the acquisition by the Borrower of the Facility by the loan form of transaction. -4- 943 (4) NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR GENERAL OBLIGATION OF THE COUNTY OR A CHARGE AGAINST, OR PLEDGE OF THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY, WITHIN THE MEANING OF ANY CONSTITU- TIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION, ANI) NEITHER SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF THE COUNTY. THE BONDS AND THE INTEREST THEREON SHALL BE LIMITED OBLIGATIONS OF THE COUNTY, REPAYABLE BY THE COUNTY SOLELY FROM THE REVENUES DERIVED FROM LOAN REPAYMENTS (BOTH PRINCIPAL AND INTER- EST) MADE TO THE COUNTY BY THE BORROWER ON ACCOUNT OF THE LOAN AND FROM ANY OTHER MONIES MADE AVAILABLE TO THE COUNTY FOR SUCH PURPOSE. The proceeds of the Bonds, and the payments to be made by the Borrower pursuant to the Loan Agreement, will be paid directly to a trustee or the holders of the Bonds in the event a trustee is not appointed for such purpose to be held and disbursed as shall be approved by the President of the Board in the Written Order. No such monies will be commingled with the County's funds but will be subject only to such limited supervision and checks as are deemed necessary or desirable by the County to insure that the proceeds of the Bonds are used to accomplish the public purposes of the Act and this Resolution. The transactions authorized hereby do not constitute any physical public betterment or im- provement or the acquisition o€ property for public use or the purchase of equipment for public use. The public purposes expressed in the Act are to be achieved by facilitating the acquisition of the Facility by the Borrower. (5) The Borrower is or will be a "facility applicant" and a "facility user" as defined in the Act; the Facility to be acquired by the Borrower will be used by the Borrower for the purposes permitted by the Act. (6) The public purposes intended to be achieved by the County through the issuance of the Bonds will be achieved upon completion of the construction, renovation and acquisition of the Facility resulting in the expansion of production space in Washington County, Maryland. SECTION 2. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That t e County hereby approves and is authorized and empowered to issue, sell and deliver, at any time or from time to time and in one or more series, the following Bonds to be known as its "Washington County, Maryland, Economic Development Revenue Bonds (Packaging Services Of Maryland, Incorporated Project)" (provided that such designa- tion may be changed or may contain such other descriptive informa- tion as the President of the Board may prescribe in the Written Order) in an aggregate principal amount not to exceed $1,250,000 subject to the provisions of this Resolution. The proceeds of the I I ._ _ loaned ♦o +he Borrower pursuant to th terms and Bulldb w." LC loaAieu 1 w.�. pursuant of the Loan Agreement, to be expended by the Borrower for the sole and exclusive purpose of financing and refinancing the acquisition of a Facility as specified in the Act (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement). The security and sources of payment for the Bonds shall be solely and exclusively as provided in Section 1 of this Resolution. The authority to issue the Bonds is intended to and shall include the authority to issue revenue refunding bonds. Reference herein to the "Bonds" shall include revenue refunding bonds where appropriate. In the event that any refunding bonds are issued pursuant to this Resolution, the outstanding principal amount of any "refunded bonds" (as hereinafter defined) shall not be taken into account in determining the aggregate principal amount of the Bonds issued, sold and delivered hereunder. The term "refunded bonds" means any Bonds (i) for the payment of which (both principal and interest) provision has been made from the proceeds (including any earnings on the investment thereof) of Bonds issued pursuant to this Resolution, or (ii) which have been paid from such proceeds, whether such provisions for payment, or such payment is made at or prior to the maturity of such Bonds. SECTION 3. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the President of the Board is ere y authorized, , empowered, and directed to accept the Letter of Intent on behalf of the County in order to evidence the intent of the County to issue, sell and deliver the Bonds in accordance with the terms and provisions of this Resolution. This Resolution is intended to be, and shall constitute, evidence of the County's intent to issue and deliver the Bonds authorized hereby in accordance with the terms. hereof when the Bonds are sold, provided that the County shall have no duty to obtain a purchaser or purchasers therefor and shall incur no pecuniary liability in the event the Bonds are not sold. The County and the Borrower contemplate that the Borrower may proceed with the acquisition of the Facility prior to the issuance, sale and deliv- ery of the Bonds authorized hereby upon the adoption of this Resolut.ioa by the County. SECTION 4. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bonds shall executed in the name of the County and on its behalf by the President or Vice President of the Board, by his or her manual or facsimile signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other authorized officer) by his or her manual or facsimile signature. The Bond Documents shall be executed in the name of the County and on its behalf by the President or Vice President of the Board by his or her manual signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other ��••••-• zcd officer) by his or her manual S7 gn,1ture. In case any a 41.1lo.li zed officer) by officer whose signature or a facsimile of whose signature shall appear on the Bonds or any of the aforesaid documents shall cease to be such officer before the delivery of the Bonds or any of the other aforesaid documents, such signature or such facsimile shall -6- nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The President of the Board, the Clerk to the Board and other officials of the County are hereby authorized and empowered to do all such acts and things and execute such other documents and certificates as the President of the Board may determine to be necessary to carry out and comply with the provisions hereof. SECTION 5. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That prior to the issuance, sale and a ivery of the Bonds, the President of the Board shall execute the Written Order, pursuant to which the President of the Board may (without limitation) specify, pres- cribe, determine, provide for or approve, all within the limita- tions of this Resolution and the Act, all matters, details, forms, documents and procedures pertaining to the sale, security, issuance, delivery and payment of or for the Bonds, including (without limitation): (a) the principal amount of the Bonds to be issued at any one time and from time to time, the rate or rates of interest thereon, the date or dates of maturity thereof, provisions for the payment thereof, prepayment, sinking fund and redemption provi- sions (if any) thereof, the designation or designations of the Bonds and of any series, and the date or dates of issuance thereof; (b) the form, tenor, terms and conditions of the Bonds, and provisions for the registration and transfer of the Bonds (if any); (c) the form and contents of, and provisions for the execution and delivery of, such financing documents as the Board shall deem necessary or desirable to evidence, secure or effect- uate the Loan and the issuance, sale and delivery of the Bonds, including (without limitation) any loan agreements, notes, mort- gages, security agreements, assignments, guarantees, financing agreements or escrow agreements; (d) provision for the payment directly by the Borrower of all expenses of preparing, printing and selling the Bonds, including (without limitation) any and all costs, fees and expenses, incurred by or on behalf of the County in connection with the authorization, issuance, sale and delivery of the Bonds, and all costs incurred in connection with the development of the appropriate legal documents, including fees of counsel to the County, and compensation to any persons (other than full-time employees of the County) or entities performing services for or on behalf of the County in connection therewith and in connection all other ....a.,.,--*, eontamp .td by this Resolution, ► ,.�...,..ns .. whether or not the proposed financing is consummated; (e) the creation of security for the Bonds and provision for the administration of the Bonds, including (without -7- limitation) the appointment of such trustees, escrow agents, payment agents, registrars or other agents as the Board shall deem necessary or desirable to effectuate the transactions authorized hereby; (f) the preparation and distribution, in conjunction with representatives of the Borrower and the prospective purchasers of or underwriters for the Bonds of any series, both a preliminary and a final official statement, placement memoranda or offering circular in connection with the sale of the Bonds of any series, if such preliminary official statement and final official statement, placement memoranda or offering circular are determined to be necessary or desirable for the sale of the Bonds of such series; (g) the form and contents of, and provisions for the execution and delivery of, a contract or contracts for the purchase and sale of the Bonds of any series (or any portion thereof); and (h) such other matters in connection with the authori- zation, issuance, execution, sale, delivery and payment of the Bonds, the security for the Bonds and the Loan, and the consum- mation of the transactions contemplated by this Resolution as may be deemed appropriate and approved by the President of the Board including (without limitation) establishing procedures for the execution, acknowledgement, sealing and delivery of such other and further agreements, documents, and instruments, and the authoriza- tion of the officials of the County to take any and all actions, as are or may be necessary or appropriate to consummate the transactions contemplated by this Resolution in accordance with the Act and this Resolution. SECTION 6. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That (a) THE ACT PRO- VIDES THAT NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY WITHIN THE MEANING OF ANY CONSTI- TUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND SHALL NEVER CONSTITUTE OR GIVE RISE TO PECUNIARY LIABILITY OF THE COUNTY. In order to implement Section 266F(e) :)f the Act stating that the Bonds shall never constitute or give rise to pecuniary liability of the County, the Loan Agreement, the Bonds and the Bond Documents may provide that no bondholder shall look to the County for damages suffered by such bondholder as a result of the failure of the County to perform any covenant, undertaking or obligation under the Pond Documents, nor as a result of the incorrectness of any representation made by the County in the Bond Documents. Although this Resolution recognizes that the Bond Documents shall not Uivp rife to pecuniary liability of the County, nothing contained in this Resolution or in the Bond Documents shall be construed to preclude in any way any action or proceedings (other than that element in any action or proceeding involving a claim for monetary damages against the County) in any 947 court or before any governmental body, agency or instrumentality, or otherwise against the County or any of its officers or employ- ees to enforce the provisions of any of the Bond Documents. (b) Although the Bond Documents shall provide that the County shall have the right to seek remedies in the event of a default by the Borrower, it is contemplated that the County will assign the performance of obligations to take action to the trustee for the holder(s) of the Bonds or the purchaser or pur- chasers or holder or holders of the Bonds, in order to implement the purposes and intent of the Act, namely to facilitate the acquisition of the Facility by the Borrower without incurring any pecuniary obligation or liability of the County. Accordingly, if a trustee is appointed for such purpose, the trustee shall have the duty to act, whether or not at the direction of bondholders, in all instances in which the trustee for such Bonds may act and determines that action is appropriate. In any case where action by the trustee for the Bonds or the purchaser or purchasers or holder or holders of the Bonds requires simultaneous or subsequent action by the County, the County will cooperate with such trustee or the purchaser or purchasers or holder or holders of the Bonds and take any and all action necessary to effectuate the purposes and intent of the Resolution and the Bond Documents. The perfor- mance by the trustee for the Bonds or the purchaser or purchasers or holder or holders of the Bonds of obligations under any of the Bond Documents permits the identification of all costs arising from the exercise of such obligations. The Bond Documents shall provide that the Borrower shall pay those costs in order to avoid any direct or indirect pecuniary burden on the County. SECTION 7. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That, as permitted y e Act, the Bonds of each series shall be sold at private (negotiated) sale and at par, unless the President of the Board deems it to be in the best interests of the County to sell the Bonds of any series at public sale or above or below par, in which event the Bonds of such series shall be sold in such manner, at such price or prices and upon such terms as shall be determined in the Written Order to be in the best interests of the County. The Bonds of each series shall be sold at such times, on such dates and to such persons, firms or corporations (including, without limitation, banks or other financial institutions) as shall be determined by the President of the Board (as the case may be), with the consent of the Borrower. _ SECTION 8. AND BE IT FURTHER RESOLVED B1 THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the provisions of E}fls Fe —solution are severable, and if any provision, sentence, clause, section or part hereof is held illegal, invalid or uncon- stitutionel or inarn,licable to any person or circumstances, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Resolution or their application to other persons or circumstances and the remaining -9- provisions shall be construed so as to give practical realization to the public purposes intended to be achieved hereunder and the protection against pecuniary liability to be afforded to the County. It is hereby declared to be the legislative intent that this Resolution would have been passed if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included herein, and if the person or circumstances to which this Resolution or any part hereof are inapplicable had been specifically exempted herefrom. SECTION 9. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That unless such time period shall e limited by other applicable law, in the event that. the financing transactions contemplated by this Resolution shall not have occurred within twelve (12) months from the effective date hereof, the County's authorization under the Resolution shall terminate unless otherwise extended by Resolution of the Board. ON 10. (3NERS OF " PASS b• AN1 ADOPTED AT$EfuT : %1 at r . S ort Clerk E IT FURTHER RESOLVED BY THE BOAR NGTON COUNTY, That this Resolu too its arc option. this 10th day of April, 1984. COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: Rona L. B s, Presi ent Board of County Commissioners of Washington County -10- 949 Packaging Services Of Maryland, Incorporated Governor Lane Boulevard Route 2, Box 43C Williamsport, Maryland 21795 (301) 223.6200 March 20, 1984 County Corunissioners of Wasngton County c/o Leroy R. Burtner. Director Washington County Economic Development Commission Court House Annex Hagerstown, Maryland 211e0 Re: .11,250,000 Washington County, 'aryland, Economic Development Peven'.3e Bonds (Packaging Services of r'ary:snd, Incorporate:: Project) Ladies and Gentlemen: Packaging Services of Mar;lar.d, Incorporated, a Maryland corporation (the "Borrower"), requests that County Commissioners of Washington County (the "Cotmty") participate in tho financing of the acquisinlor., renovation and construction of facilities herein- after described (the "Facility") located in Washington County, `isryland, by authorizing, issuing and selling its economic develop- ment revenue bonds in a principal aso•.ir.t not to exceed =1,?50,000 (tha "Bonds"), pursuant to Sections 2A through 266-I, inclusive, o.. Arti.cle 41 of th. Annotated Code of Maryland (1%C Rep)acement /pume 6 1993 Cum. Supp.) (the "Act"). It is intend'ad that this lectrr, if accepted by the County, shall constitutr A "letter of intent" as contemplated by Section 266A(h) of the Act. it in roposed that the County loan the proceeds of the Bonds (the "Loan") to the Borrower pursuant to the ter ^3 and provisions of a loan or similar agreement to be entered into by the County and the isorrow"r (the "Loan Agreement"). The Loan Agr. ment. will require the Borrower to use the proceeds of the Loan for the sole and exclusive purpose of financing the acouisision, construction and renovation of the i're:i3.ity by the Borrower as gprierally described herein and the pa -en - of t::' costs as permitter ,y the Act. The Bonds '';all be repay: le by th County solely from the revenue derived from loan cepaymenL9 (both principal and interest) made to the County by the Borrrvver purs'.:ant to the term and provisions of the Loan Rgre.ment and from any other monies tole available to the County for such purpose. The Borrower is a "facility applicant" and "facility user" (as mer.tione•) in Section 255A(hl and (:) of the Act). 950 PACI:ACI::1 SFRVICE5 ()F• 'iARYL,\'!f, 1^7Cn!trn"ATFn County Commissioners of Washington County -2- March 20, 1984 The Loan Agreement will require the Borrower to make Loan payments (both principal and interest) sufficient to pay (a) the principal of, and interest and redemption premium, if any, on, the Bonds, and (b) all expenses incurred by the County in connection with the issuance and sale of the Bonds and the making and administration of the Loan, as the same become due and payable. The Borrower agrees that all costs of acquiring and constructing the Facility in excess of the proceeds of the Loan will be paid by the Borrower. The Loan Agreement will contain such other pro- visions as may be required by law snri Aa mmv h. ,aorrPA to by the Aorrower; the County, and the purchaser(s) of the Bonds, as permitted by law. The Facility, which is a "facility" as defined in the Act,will consist generally of (i) renovations to the Borrower's existing facility located on Governor Lane Boulevard, Route 2, Box '43C, Williamsport, Maryland 21795 (the "Existing Facility"); (ii) one or more additional buildings or additions to the Existing Facility of approximately 23,100 square feet of space (the "Building"); (iii) equipment for the Existing Facility and the Building (the "Equipment"); and (iv) any other improve- ments or interests in land necessary or desirable for operation of the Existing Facility and the Building, together with roads or other rights of access, utilities, and other facilities necessary to the acquisition, construction and operation of the Facility. It is expected that the renovation of the Existing Facility and construction of the Building will provide employment for approximately — 10-15 more people than are employed at the Existing Facility. The acquisition of the Facility will promote t' t declared = legislative purposes of the Act by (a) creating jobs a, i thus relieving conditions of unemployment In the State of Maryland (the "State") and in Washington County, (b) encouraging the increase of industry and commerce and the creation of a balanced economy in the State and in - Washington County, (c) assisting in the retention of existing industry and commerce and in the attraction of new industry and commerce in the _ State and in Washington County, (d) promoting economic development, and (e) generally promoting the health, welfare and safety of the residents of the State and Washington County. Financial considerations have been a factor leading to the Borrower's decision to acquire the Facility and its decision has been influenced materially by the availability of economic development revenue bond financing. It is expressly understood and agreed that (a) the County will _ not incur any liability, direct of indirect, or any cost, direct or _ indirect, in connection with the issuance and sale of the Bonds, the making of the Loan or the rehabilitation, modernization and construction PACKAGING SFRVIC!iS OF 'i.ARYLA'119, T'•!CCRnfRVffl) 951 County Commissioners of Washington County -3- Harch 20, 1984 of the Facility, and (b) the Facility will be acquired so as to conform to the requirements of the Borrower. Accordingly, the Borrower will (a) select, supervise and work with the suppliers and contractors and will provide, construct, and equip the Facility, and negotiate and approve all contracts, construction plans, drawings, specifications and all - financing arrangements in connection with the acquisition and construc- — tion of the Facility, and (b) pay all costs incurred by, or on behalf of, the County in connection with the issuance, sale, delivery and administration of the Bonds, the making of the Loan, including the administration thereof, and in connection with the acquisition, con- struction and renovation of the Facility, including (without limitation) all costs incurred in connection with the development of the appropriate legal documents necessary to effectuate the proposed financing and acquisition, including (without limitation) the fees of bond counsel to the County and compensation to any other person (other than full time employees of the County) performing services by or on behalf of the County in connection with the transactions contemplated by this letter of intent whether or not the proposed financing and acquisition are consummated. It is further understood and agreed to by the Borrower that the proposal contained herein is subject to (a) a public hearing to be held by the County pursuant to at least fourteen (14) days notice in a news- - paper of general circulation in Washington County, (b) the approval of, and appropriate action by, the Board of County Commissioners of Washington County which action includes, but is not limited to, passage by the County of a resolution implementing the financing of the project described herein and approving the Bonds (the"Fesolution"), and either the passage of a final administrative resolution or the execution of a written order by an appropriate County official as will be provided for in the Resolution, and (c) the approval of detailed provisions of all documents pertaining to the financing as yet to be developed. The acceptance of this letter by the County shall constitute evidence of the present intent of the County to authorize the issuance, sale and delivery of the Bonds and to authorize the Loan for the purposes described herein subject to the conditions described herein; provided, however, that the Borrower recognizes that: 1. The County cannot make any guaranty, promise or assurance that the terms and conditions (including, but not limited to, the principal amount of the Bonds to be issued, the rate or rates of interest the Bonds are to bear, the times that the interes: on the Bonds is to be paid, the redemption pro- visions for the Bonds ; the time the Bonds are to _ he executed, issued and delivered and their form, 952 PACKAGI`;G sFP\rICF 'lP 'ArYLA,.f?l, I•'`'fRnnrATrn County Commissioners of Washington County -4- March 20, 1984 tenor and denomination) of the Bonds as actually authorized to be issued, will be acceptable to the Borrower; 2. The County can give no guaranty, promise or assur- ance as to the availability of ready, willing and able purchasers of the Bonds; and 3. Legislation reported out of the Ways and Means Committee of the House of Representatives of the United States Congress (HR 7140), if adopted, could significantly and adversely affect the feasibility of the proposed financing and in the event that the Bonds have been issued prior to enactment of said legislation, could make the interest on the Bonds subject to federal income taxation. The County's adoption of the Resolution and its acceptance of this letter of intent are intended solely to implement the financing of the project described herein by enabling the issuance and sale by the County of the Bonds. Neither the acceptance of this letter of intent nor the adoption of the Resolution will constitute any assurance by the County to any prospective purchasers of the Bonds that (i) the Borrower will have the ability to repay the Loan, (ii) the Facility will be feasible economically or otherwise, (iii) the Facility will be completed, or (iv) the Facility will be in compliance with applicable County, State or Federal laws. The Borrower agrees to use its best efforts to complete the financing contemplated hereunder and to construct and renovate the Facility. It is also understood and agreed that the County reserves the right to withdraw the authorization set forth in the Resolution and this letter of intent should either the Facility or such authorization prove to be in violation of the County, State or Federal laws applicable to the Facility or such authorization unless appropriate.steps are taken by the Borrower to alter the Facility or otherwise, to bring the proposed Facility or financing into compliance with such laws. The Borrower agrees that it will provide all certifications (including opinions of its counsel) required by bond counsel to the County in order to establish that interest on the Bonds will be exempt from Federal income taxation (including certiiiceiivi1* vua`uiiiig %iiv County to certify that the Bonds dt'e not arbitrage bonds). PACKAGING 5 FTVICFS OF 'IARYLAND, I`:CGRPOR.1Trn County Cosmissioners of Washington County -5- March 20, 1984 Neither the Bonds, nor any interest thereon, shall ever constitute an indebtedness or a charge against the general credit or taxing powers of the County, within the meaning of any constitutional or charter pro- visions or statutory limitation, and neither shall ever constitute or give rise to any pecuniary liability of the County. In the event that the financing transactions contemplated by this letter of intent shall not have occurred within twelve months from the date hereof (or such shorter period if required by applicable law), the County's authorization under this letter of intent shall terminate. 953 Very truly yours, PACKAGING SERVICES OF MARYLAND, INCORPORATED 4 IIr ernon E. Litzing ice_ President Accepted this ay of +, 1984, pursuant to salon rs a Res lutio passed by the County Co of Washington County on , 1984, by the President of the Board of County Comm s aners of Washington County. AT?ST`: - COUNTY COMMISSIONERS OF Ii= WASHINGTON COUNTY { I=- Khryn . hort , Clerk Ronald L. B era, President • Board of County Commissioners of Washington County APRIL 10, 1984 MINUTES, CONT'D. Li I I [1 REQUEST ADDITION TO E.D.A. PROJECT LIST Motion made by Commissioner Snook, seconded by Roulette to request the addition of the Washington County Industrial Park Access Road and Bridge Project to the 1984 Economic Development Administration Project List. Unanimously approved. CONSULTANT FOR AIRPORT IMPROVEMENT PROJECT Motion made by Commissioner Downey, seconded by Roulette to accept•the,recommendation of the County Coordinating Committee and select the firm of Delta Associates for a total fee of $19,634 to provide design services for the current Airport Improvement Programs (AIP) project at the Washington County Regional Airport. Unanimously approved. SUBDIVISION MORATORIUM - NECK ROAD Motion made by Commissioner Roulette, seconded by Downey to accept the recommendation of the Planning Commission to continue the sub -division moratorium placed on the section of Neck Road south of Dellinger Road until some mechanism can be worked out for cost -sharing of the upgrading of the road between the property owners and the County. Motion made by Commissioner Roulette, seconded by Downey to Table the above matter for further discussion until next Tuesday. Unanimously approved. ACCEPT PROPOSAL TO CUT TREES AT CHEWSVILLE SCHOOL SITE Motion made by Commissioner Roulette, seconded by Downey to accept the low proposal submitted by Antietam Tree Service in the amount of $1,200 to cut down five (5) cottonwood trees and trim four (4) others on the grounds of the former Chewsville School site that is being used by the Association of Retarded Citizens. Motion carried with Commissioners Roulette, Downey, and Snook voting "AYE" and Commissioner Bowers "ABSTAINING". MINUTES OF MARCH 20, 1984_MEETING Motion made by Commissioner Downey, seconded by Roulette to approve, of the Minutes of the March 20, 1984 County Commissioners' Meeting as submitted. Unanimously approved. RECESS The Meeting was recessed at 12:20 p.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at 1:30 p.m. by President Bowers, with Vice President Roulette and Commissioners Downey, Salvatore and Snook present. CAPITAL PROJECTS BUDGET FOR FISCAL YEAR 1985 The County Administrator submitted the Capital Projects Budget for FY 1985, as pro- posed by the Capital Improvements Program Committee, in the amount of $2,269,100 or $55,000 above the current year level. It was pointed out that the requested $5.9 million had been reduced by $3.6 million with the following allocations recommended: Engineering Department - $562,000; Airport - $162,250; Roads - $434,700; Parke - $92,500; Government Facilities - $77,000; Housing - $13,900; Transportation - $350.00; Fire & Rescue - $61,000; Civil Defense - $3,750; Junior College - $40,850; Board of Education - $450,000; Landfill - $355,500; Sheriff's Department - $15,300. There were no decisions made at this time. BUDGET HEARINGS - S.P.C.A. AND UNITED WAY The following budget requests for Fiscal Year 1984/85 were submitted: Society for the Prevention of Cruelty to Animals by Jerry Friedman, Accountant, and Susan Small- wood, President of the Board of Directors, in the amount of $90,000 with an alternate request of $109,986; Unites way by Lan i Pedersen, Cii i'.ir o of the adrai:ing Com- mittee, Capt. Michaels, Salvation Army, and Julie Barr, Executive Director of the Red Cross, in the amount of $74,000. There were no decisions made at this time. At this time Commissioner Salvatore was excused for the remainder of the Meeting. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Snook to convene in Executive Session at 4:00 p.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Roulette to reconvene in Regular Session at 6:00 p.m. Unanimously approved. APRIL 1O, 1984 MINUTES, CONT'D. EMPLOY FIRE & RESCUE PERSONNEL FOR 911 SERVICE Motion made by Commissioner Roulette, seconded by Downey to promote James C. Blevins, Timothy J. Gargana, and Bardona J. Holsinger from part-time to full-time and employ Phillip G. Ridenour and Richard W. Reeder in full-time positions, and the following i part -time -positions: Donald Bolyard, Lisha Sollenberger, Karen Stouffer, and Justin Mayhue. Unanimously approved. SCATTERED HOUSING APPLICATION Motion made by Commissioner Snook, seconded by Roulette to authorize an application to the Department of Housing and Urban Development for 10 units of large -family scattered housing in the County. Unanimously approved. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Downey to adjourn at 6:05 p.m. Unanimously approved. Cou Attorne , Clerk April 17, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:04 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette, and Commissioners R. Lee Down and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Rev. John C. Koontz, Grace Baptist Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION - ALCOHOLISM AWARENESS WEEK Motion made by Commissioner Roulette, seconded by Downey to Proclaim the week of April 23 - 28, 1984, as Alcoholism Awareness Week in Washington County, urging all citizens to support the Washington County Council on Alcoholism in the work it is doing to combat alcoholism. Unanimously approved. The proclamation was read by Commissioner. Downey and presented to Emory Wolfe, President of the Washington County Council on Alcoholism. REQUEST FOR EXTENSION OF ELECTRICIANS LICENSE Mrs. Jackie Kephart appeared before the Commissioners to request an extension of her husband, Brian Kephart's, electricians license for a 60 or 90 -day period to give them time to pay their County property taxes. Motion made by Commissioner Roulette, seconded by Snook to extend a waiver of the requirement that Mr. Kephart's property taxes be paid before his electricians license can be renewed, for a period of 60 days, based on the hardship expressed by Mrs. Kephart. Unanimously approved. APPOINTMENT TO PLANNING COMMISSION Mo�t�on mac% by Commissioner Roulette, seconded by Snook to appoint Marianne Jenneke to the Plsnninq Cemmiaion, continqent upon her approval, for a five-year term replacing Tom Dwyer. Unanimously approved. APPOINTMENTS TO TRI-COUNTY COUNCIL Mot�an made by Commissioner Downey, seconded by Roulette to appoint William McLean to the Tri-County Council to replace Harold Boyer as the County's public -at -large representative. Unanimously approved. Motion made by Commissioner Downey, seconded by Roulette to appoint Leroy Burtner to the Tri-County Council due to the expansion of the Council to 15 members, to include the Economic Development Director from each of the participating counties. v.....nimou�la nn»'rr1%,Ad. NICK ROAD - RIGHT -OF --WAY A request was brought to the attention of the Commissionera by the County Adminis- trator for the County to acquire the right-of-way at Nick Road and to assume the costs for surveying. No action was taken on this request. 1 Li I APRIL 17, 1984 MINUTES, CONT'D. [TI [1 I I j RABIES AWARENESS PROGRAM Barry Teach, County Administrator, reported to the Commissioners on the Rabies Aware- ness Program and the measures being taken, which include: one session regarding the Rabies Awareness Program on the WHAG-TV Valley Viewpoint, public service announcements on the local radio stations, 25,000 flyers for distribution to the public through the schools, weekly clinics for innoculation against rabies in various areas of the County, and possible billboard advertising. The SPCA will probably have volunteers at the clinics to sell dog licenses, and local veterinarians will be requested to purchase their rabies vaccine and rabies innoculation tags from the Health Department to assist in identification of animals which have been innoculated. The procedure will be reinstated that the SPCA be the agency first contacted regarding a rab ee problem; they will then refer the caller to the proper agency - Natural Resources, Health Department or the Police. HVAC AGREEMENT Motion made by Commissioner Roulette, seconded by Downey to renew the HVAC agreement with Robert Ziegler, Inc., for the third of three years, with an increase of 5%, with the exception of the Health Department which will increase from $3,750 to $5,140. Unanimously approved. LINE ITEM TRANSFER - FIRE & RESCUE Motion made by Commissioner Dos.mey, seconded by Roulette to approve the request of Fire & Rescue Communications to transfer $800 from Radios and $400 from Operating to Small Tools and Parts, due to the additional maintenance responsibilities they have picked up for additional equipment. Unanimously approved. LINE ITEM TRANSFER - ECONOMIC DEVELOPMENT ADMINISTRATION Motion made by Commissioner Roulette, seconded -by Downey to approve of the request of the EDC Director, Leroy Burtner, to transfer $600 from Promotion to Tuition Expense to cover costs for Mr. Burtner to take the examination for Certified Industr: Developer. Unanimously approved. WESTERN MARYLAND COUNTIES MEETING The next meeting of the Western Maryland Counties Association will be hosted by Frederick County at the Shamrock Restaurant in Thurmont at 9:30 a.m., on Thursday, May 24, 1984. Possible agenda items were discussed and will be decided upon at a later date. At this time Commissioner Salvatore arrived at the Meeting. REQUEST FOR SUBDIVISION MORATORIUM - NECK ROAD Motion made by Commissioner Downey, seconded by Roulette to advertise for public hearing the attached Ordinance regarding a Subdivision Moratorium on Neck Road with an amendment regarding the southern section that would allow one subdivision lot for an immediate member of the family, and that the Ordinance would be effective for a period of time not to exceed 365 days. Motion passed with Commissioners Bowers, Roulette, Salvatore, and Downey voting "AYE" and Commissioner Snook voting "NO." The Ordinance will be taken to public hearing. PROPERTY MAINTENANCE/HOUSING CODE A request was received by the County Commissioners to adopt a Housing Code for Wash- ington County. Annette vanHi].st, Director of Housing & Community Development, will be requested to provide information on a housing code for the County. TAX ABATEMENTS - D.J. CORPORATION AND EMERGENCY MEDICAL SERVICES Motion_ made by Commissioner Salvatore, seconded by Roulette to excuse the personal property taxes of D. J. Corporation for the year 1982-83 and Emergency Medical Services, for 1982-83, in the amount of $9.63 in concurrence with the opinion of the County Treasurer that these taxes are uncoilectable. Unanimously appLuveu. VEHICLE PURCHASE -SHERIFF'S DEPARTMENT Motion made by Commissioner Roulette, seconded by Salvatore to approve of the Sheriffs Department's purchase of a vehicle from the Town of Boonsboro for $3500 using money which has been confiscated from illegal drug activities. Unanimously approved. POSSIBLE: COUNTY PARK 1NG_ODD INANCE The Commissioners discussed the possibility of the County adopting a County Parking Ordinance to receive funds from parking violations on County roads. The County Attorney was requestea to research the mucceL anu Lep :L Lack to the Co ....- - CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Roulette to convene in Executive Session at 10:45 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the An..otated Code of Maryland. Unanimously approved. At this time Commissioner Sno:Oc was excused from the Meeting. APRIL 17, 1984 MINUTES, CONT'D. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Salvatore to reconvene in Regular Session at 11:10 a.m. Unanimously approved. BID OPENING - SIX DIESEL BUSES - COUNTY COMMUTER Bids for six diesel buses for the County Commuter were publicly opened and read aloud Firms participating in the bidding and their proposals were as follows:LAWSON DISTRIB UTORS - For the six new 31 passenger 30-32' diesel powered transit coaches per the specifications with a 6V -53T engine, base bid per unit $106,900, Total - $641,400 - Alternate Bid with the exception of 6V-71TA engine in place of the 6V -53T engine per unit $108,900, Total price $653,400. BUS iNDUSTRIES - Base laid unit price $111,773. total price of $670,638 - Alternate bid unit price $111,773; total price $670,638. BLUEBIRD BODY CO. - Base bid unit price - $108,077, total price of $648,462; Alternat bid unit price $112,884; Total price of $677,304. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - UTILITY TRACTOR - PARKS DEPARTMENT & HOUSING & COMMUNITY DEVELOPMENT Bids for a utility tractor for the Parks & Recreation Department and Housing & Com- munity Development were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: BAER'S LAWN AND GARDEN EQUIPMENT - Per Unit $6,917, with a Bid Bond of $345.85. CARLYSLE & MARTIN - Per unit price of $7,500 with a Bid Bond of $375.00. ANTIETAM FORD TRACTOR - Unit price of $6,385 with a Bid Bond of 5%. The bids will be reviewed by appropriate officials prior to a decision being rendered. RECONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 11:15 a.m. in regard to personnel matters, pursuant to the authority con- tained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Salvatore to reconvene in Regular Session at 11:40 a.m. Unanimously approved. EMPLOY COUNTY COMMUTER DRIVERS Motion made by Commissioner Salvatore, seconded by Downey to employ William H. Delaware and Sondra Smith in the position of Bus Drivers for the County Commutcr and to move George Freeman from part-time employment to part-time on Saturdays only. Unanimously approved. EMPLOY ACCOUNTING CLERK I Motion made by Commissioner Salvatore, seconded by Roulette to employ Yvonne Knight in the position of Accounting Clerk I. Motion passed with Commissioners Bowers, Roulette and Salvatore voting "AYE" and Commissioner Downey voting "NO." RECESS The Meeting was receesed at 11:45 a.m. to tape a 10 -second segment for the Maryland Theatre at FWHAG-TV and lunch. AFTERNOON SESSION The Afternoon Session was convened at 2:00 p.m. by President Bowers with Vice -Preside t Roulette and Commissioners Downey, Salvatore, and Snook present. ME(LTI-FAMILY RESIDENTIAL PROJECT Annette vanHilst appeared before the Board to request that developers of multi -family residential projects who requested that the County participate in the issuance of Industrial Revenue Bonds for the project, be required to submit financial feasibil- ity information prior to consideration by the county andA,c,L Lond counsel for the issue be selected by the County. No decisions were made at this time. BUDGET HEARING - HAGERSTOWN JUNIOR COLLEGE The Budget request for Fiscal Year 1984/85 was submitted by Leister Mobley, President Board of Trustees and Dr. Atlee Kepler, President of the College, for the Hagerstown Junior College in the amount of $1,592,125. No decisions were made at this time. RECONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to reconvene in Executive Session at 3:20 p.m. in regard to personnel matters, pursuant to the authority con- ta+ned in Article 76(A), Section ii(e) (:6 m7) ..,,: Lis A,,,;otated C dc. cf MN 1lsrd. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Salvatore to reconvene in Regular Session at 5:00 p.m. Unanimously approved. APRIL 17, 1984 MINUTES, CONT'D. Li I I I BUDGET HEARING - FIRE & RESCUE ASSOCIATION The Fiscal fear 1984/85 budget request for the Washington County Fire & Rescue Association was submitted by Ronald Poole and Donald Koons, representing Company 28, in the amount of $431,401 for fire companies, $128,685 for ambulance companies, and $22,350 for the Association and Air Unit (Budget #44). No decisions were made at this time. RECESS The Meeting was recessed at 5:50 p.m. for dinner. EVENING SESSION The Evening Session was convened at 7:00 p.m. in Court Room No. 1 with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. PUBLIC MEETING - BOARD OF EDUCATION BUDGET Dr. Claud Kitchens, Superintendent of Schools and Wayne Stouffer, Director of Finance, submitted the Board of Education's Fiscal Year 1984/85 budget request in the amount of $27,963,766. No decisions were made at this time. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Salvatore, to adjourn at 8:50 p.m. Unanimously approved. ty Attorney f Clerk April 24, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full Assemblage. INDUCEMENT RESOLUTION - IRB - PHASE II LONDONTOWNE Daniel Sheedy, Developer, appeared before the Commissioners to request them to issue tax exempt bonds for Phase II development of the Londontowne Development, consisting of 32 two -bedroom units, in an amount not to exceed $900,000. Motion made by Commissioner Roulette, seconded by Snook to adopt the Inducement Resolution and to schedule a public hearing for the multifamily residential project on Abbey Lane in a subdivision known as Section A, Londontowne Apartments, Phase II. Unanimously approved. APPOINTMENT - AREA AGENCY ON AGING, BOARD OF DIRECTORS Motion made by Commissioner Downey, seconded by Snook to confirm the appointment of Margaret Bittinger as the Community Action Council's representative to the Area Agency on Aging, Board of Directors. Unanimously approved. APPOINTMENT - DEPARTMENT OF SOCIAL SERVICES Motion made by Co,nmissioner Roulette, seconded by Snook to appoint Dan Elgin to replace Lynn Witherspoon on the Department of Social Services Board of Directors. Unanimously approved. COUNTY PARKING ORDINANCE The County Attorney reported to the Commissioners that they do have the authority under Article 25, Section 5A of the Annotated Code of Maryland, by an ordinance to govern parking on County roads. Before proceeding with this, however, he advised that the Commissioners wait for clarification from the Attorney General's office regarding their authority on State roads. REQUEST FOR UTILITY RATE STUDY A letter from Mayor Frush, City of Hagerstown, requesting the County to help with the cost of a utility rate study by the Institute of Governmental Services, University) of Maryland, to study the water and sewer rates which the City charges, was discussed. The Commissioners agreed to respond to the City thanking them for agreeing to participate in this program but suggesting that another group conduct the study. At this time Commissioner Salvatore arrived at the Meeting. APRIL 24, 1984 MINUTES, CONT'D. MOSQUITO CONTROL - MT. AETNA Motion made by Commissioner Downey, seconded by Roulette to approve mosquito control for the Chesapeake Conference of the Seventh Day Adventists, Camp Meeting area at Mt. Aetna, with the local share of the costs to be paid by the Conference. Unani- mously approved. ACCEPT TRACTOR BID Motion made by Commissioner Downey, seconded by Roulette to accept the low bid of Antietam Ford Tractor for a utility tractor -mower for $6,385. Unanimously approved. The cost of the tractor is reimbursable through Housing Authority funds. WRIGHT ROAD PUMPING STATION Wallace Taylor appeared before the Commissioners to discuss the problems at the Wright Road Pumping Station. The Commissioners discussed measures that are being taken now to help alleviate the problem in lieu of building a new treatment plant and assured Mr. Taylor of the County's interest in solving the problems with the sewer system in the Halfway area. BID OPENING - CONCESSION PRIVILEGES AT PEN MAR COUNTY PARK One bid for the concession privileges at Pen Mar County Park was received and publicly opened and read aloud. The firm participating in the bidding was Deckers Market, Rt. 550, Cascade, MD, for 6% of the gross sales. The bid will be reviewed by the appropriate officials prior to a decision being rendered. PUBLIC HEARING - ZONING TEXT AMENDMENTS - RZ-279, 280, 281 and 282 The President convened the meeting in Public Hearing at 11:15 a.m. for a joint hearing with the Planning Commission. Present were President Ronald L. Bowers, Vice President Richard E. Roulette also serving in his ex -officio capacity as a member of the Planning Commission, Commissioners R. Lee Downey, John R. Salvatore, and Martin L. Snook; Planning Commission Chairman William Wolford and Members Jack Byers and John Herbst, to consider rezoning cases RZ-279 - R7 7R7. President Bowers announced that the record would be kept open for 10 days to submit additional comments in writing. He closed the Hearing at 11:30 a.m. and reconvened the meeting in regular session. RECESS The Meeting was recessed at 11:30 a.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at 1:00 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. BUDGET WORKSHOP Between 1:00 p.m. and 4:00 p.m. the Commissioners held a Budget Workshop and Review Session on the Fiscal Year 1984/85 Budgets. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey, to convene in Executive Session at 4:00 p.m. in regard to personnel matters pursuant to the authority con- tained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION_ Motion made by Commissioner Salvatore, seconded by Roulette to reconvene in Regular Session at 6:05 p.m. Unanimously approved. EMPLOY CARETAKER - GREENSBURG TRANSFER STATION `Ion made by Ccmmissiooer newney. seconded by Roulette to employ Roy Loug),r.idge at ~ the Greensburg Transfer Station as Caretaker. Unanimously approved. EMPLOY PART-TIME B MECHANIC Motion made by Commissioner Downey, seconded by Roulette to employ David Kershner as a Part-time B Mechanic with the County Commuter. Unanimously approved. BUDGET WORKSHOP The Commissioners resumed the Budget Workshop and Review for the Fiscal Year 1984/85 Budget. RECESS The Meeting was recessed at 6:40 p.m. for dinner. EVENING SESSION The Evening Session was convened at. 7:45 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore, and Snook present. I I LI a I APRIL 24, 1984 MINUTES, CONT'D. I [1 I e 'bS4Receive6 for Record Flay 14, 1984 at 2:30 F. M. Y. Recorded in Acts, Ordinances & Kesolutions for Wash. Co. Liber # 3 Office of Clerk of L,ircuit Court for Washington County Md. THE BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, MARYLAND RESOLUTION NUMBER WHEREAS, Daniel Sheedy ("Developer") is developing a multifamily residential project on Abbey Lane in a subdivision known as section A, Londontowne, in Witshington County, Maryland to be known as Londontowne Apartments, Phase II ("Project"), which will be owned by a limited partnership or nthnr entity to ha aated by the r)eval,ner (nownPr"1 eni which ,.rill tnro+rlc* +.f 32 units, at least 20% (7 units) of which will be occupied by individuals or families of low or moderate Income within the meaning of Section 103(bX4XA) of the Internal Revenue Code and the Regulations issued thereunder; and WHEREAS, the Developer has requested that the Board of County Commissioners of Washington County ('Board") Indicate its intent to issue, or cause to be issued, tax exempt revenue bonds in an aggregate principal sum o! not more than Nine Hundred Thousand ($900,000) Dollars in order to provide financing for the Project; and WHEREAS, construction of the Project will serve a public purpose and will promote the health, welfare and safety of the citizens of Washington County In that it will provide employment for such citizens and will provide housing for persons of low and moderate income in the County; I j 2 NOW THEREFORE, BE fl' RESOLVED: L Subject to the terms and conditions set forth below, the County shall issue, or shall cause to be issued, tax exempt revenue bonds ("Bonds") in an aggregate principal sum of not more than Nine Hundred Thousand ($900,000.00) Dollars and having such terms and conditions as shall be approved by the Board. As used herein the term 'Bonds" shall also include a note directly secured by a mortgage on the Project. 2. The Bonds shall not constitute an obligation or indebtedness of the Board, Washington County, any agency or instrumentality of Washington County, the State of Maryland or any agency or instrumentality or political subdivision thereof. A statement to this effect shall be printed on the face of all of the Bonds and in the official statement (if any) pursuant to which the Bonds are issued. 3. All documents pertaining to the issuance of the Bonds, including but not limited to the trust indenture, the bond purchase agreement, the official statement and the revenue agreement are subject to the approval of the County Attorney and of the Board. 4. The Board shall not give final approval to issuance of the Bonds until it has held a public hearing pursuant to reasonable public notice, pursuant to Section 103(k)(2XB) of the Internal Revenue Code as amended by the Tax Equity and Fiscal Responsibility Act of 1982 ("TEFRA"). Adopted at a duly called meeting of the Board of County Commis- gioners of Wasbington County on the.'>r -date of �, 1984. WITNESS as to signature ATTFST ae to seal BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY ASS r jtpjc) r Co --i, n N 0 c C2 -n $o O fo•' 11r m C) m v O m C) C APRIL 24, 1984 MINUTES, CONT'D I !J DI BUDGET WORKSHOP Between p.m. and 11:10 p.m. the Commissioners continued their Budget Workshop and Review on the Fiscal Year 1984/85 Budget. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Salvatore to adjourn at 11:10 p.m. Unanimously approved. Cou Attorney ..� , Clerk May 1, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and R. Lee Downey. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Downey, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION - LAW DAY. U.S.A. Motion made by Commissioner Roulette, seconded by Downey to Proclaim May 1, 1984, as Law Day U.S.A. in Washington County, and call upon all citizens, schools, businesses clubs, and the news media to commemorate the role of law in our lives. Unanimously approved. Commissioner Roulette read the Proclamation and presented it to Roger Schlossberg and Edward Kuczynski representing the Washington County Bar Association. PROCLAMATION - EMPLOYER SUPPORT FOR THE GUARD & RESERVE MONTH Motion made by Commissioner Downey, seconded by Roulette to proclaim the month of May 1984 as Employer Support for Guard and Reserve Month and urges all citizens to acknowledge and honor the role of the contributions of both employers and reservist for the security and defense of this nation and their efforts for the cause of peace. Unanimously approved. Commissioner Bowers read the proclamation and presented it to Lt. White, 1007 Battalion, Lt. Smith representing the National Guard. and Joseph Filsinger, Maryland Committee for Emoloyer Support. Mr. Filsinger then presented the Commissioners with a flag recognizing their support of the National Guard. At this time Commissioner Snook_ arrived at the Meeting. EMPLOYEE SCREENING PROGRAM_ Alan Davis, Personnel Director; Betty Shank, Thelma Coffman and Dr. John Neill of the Washington County Health Department appeared before the Commissioners to present an employee screening program which they will be offering the Washington County employees in an effort to pinpoint any minor health problems before they escalate into major health problems. These programs include: Screening for vision, hearing, blood pressure, diabetes, nutritional assessment, weight control, smoking workshops, and self -tests. The Commissioners expressed their support of this program. HOME M,,MoP,,r r PROPOOSA Ron Karn, representing the Grid Numbering System Task Force, appeared before the Commissioners to recommend implementing a house numbering system t.o eliminate duplication in sound -alike and identical street names and allow emergency service agencies to more effectively respond in emergency situations. The Task Force recommends assigning the responsibility for implementation to the Planning Commis- sion; appointing an advisory council of user agencies for the Planning Commission to report to periodically; adopting an ordinance to assure compliance; and using the grid numbering system adopted by Frederick County, Maryland. The Commissioners questioned whether they have the authority to adopt such an ordinance or if it must go before the Legislature and requested the County Attorney to research the matter. APPOINTMENT - LOAN REVIEW COMMITTEE Motion made by Commissioner Downey, seconded by Roulette to appoint Diane Brining to replace Pat Mooney on the Loan Review Committee. Unanimously approved. MAY 1, 1984 MINUTES, CONTD. REAPPOINTMENT - HOUSING AUTHORITY Motion made by Commissioner Roulette, seconded by Snook to reappoint Paul Horst to th Housing Authority for a five-year term. Unanimously approved. ACCEPT BID - CONCESSION PRIVILEGES AT PEN MAR PARK Motion made by Commissioner Roulette, seconded by Downey to accept the bid of Deckers Market for concession privileges at Pen Mar Park at 6% of gross sales. Unanimously approved. SELECTION OF AUDITOR Motion made by Commissioner Roulette, seconded by Downey to select the auditing firm of Main Hurdman for audit services for Fiscal Year 1985 at a fee not to exceed $22,00 Unanimously approved. LOAN REPAYMENT - FUNKSTOWN Motion made by Commissioner Downey, seconded by Roulette to allow the Town of Funks - town to repay their loan to the County by allocating their Urban Non -Attributive fun from the State Highway Administration directly to the County with the money being transferred from the Highway User Fund to the General Fund. Unanimously approved. DETENTION CENTER ROAD NAME The Commissioners discussed names for the new Detention Center road, and suggested that the Economic Development Commission submit recommendations. MARYLAND ASSOCIATION OF COUNTIES - TEE O'CONNOR Althea "Tee" O'Connor, Executive Director of the Maryland Association of Counties, appeared before the Board to discuss various matters of interest with the Commis- sioners including: tax differential, pension programs, constant yield tax rate advertising requirements, accountability funds for education, program open space, emergency mortgage assistance program, sediment control regulations and the Governor' Task Force on Annexation. At this time Commissioner Salvatore arrived at the Meeting. BID OPENING - ELEVATOR MAINTENANCE AND SERVICE Bids for elevator maintenance and sere c�f�r County buildings were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: L & L ELEVATOR SALES AND SERVICES - Total Base Bid - 5453.00 monthly and service rates for time not covered by maintenance - $18 per hour, $27 per hour over- time. OTIS ELEVATOR COMPANY - Total Base Bid - $742.42 monthly and service rates for time not covered by maintenance - $65.57 per hour, $103.68 per hour overtime. GENERAL ELEVATOR - Total Base Bid - $8,361 annually and service rates for time not covered by maintenance - $49.50 per hour, $74.25 per hour overtime. At this time the representative of General Elevator verbally protested the bid submitted by L & L Elevator Sales and Services. President Bowers advised the representative to file a written protest which would be considered before bid award. The bids will be reviewe by appropriate officials prior to a decision being rendered. BID OPENING -PEST CONTROL Bids for pest control for County buildings were publicly opened and read aloud. Fir participating in the bidding and their proposals were as follows: TRI-STATE TERMITE AND PEST CONTROL - Total Base Bid - $131.00 Monthly, $1,572 Annually. TERMINIX INTERNATION - Total Base Bid - 5493.00 Monthly, $5,965 Annually, less 5% discount for one year in advance payment. PIED PIPER PEST CONTROL - Total Base Bid - $279.00 Monthly, $3,378 Annually. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - PLUMBING & HEATING MAINTENANCE SERVICE Bids for plumbing and heat-ng maintenance service were publicly opened and read aloud Firms participating in the bidding and their proposals were as follows: BEAVER MECHANICAL - Total Base Bid - $2,096 for specific services, labor rates for services as needed, regular working hours - plumber $17.50, helper S12.50; evenings and Saturdays - plumber $26.25, helper $1.8.75; Sundays and holidays - plumber $35.00, helper $25.00. Repair parts and materials billed at. cost plus 35%. FRIDINGER-RITCHII COMPANY, INC: Total Base Bid - $2,515 for specific services, labor rates for services as needed, regular working hours - plumber $19.00, helper $13.00; evenings and Saturdays -plumber $28.50, helper $19.50; Sundays and holidays - plumber $28.50, helper $19.50. Repair parts and materials billed at cost plus 15%. ANDERS PLUMBING AND HEATING: Total, base blO nor specific services - $$$6,960, labor <c.tca for srvlccc as needed, regular working hours - plumber $16.00, helper $14.00; evenings and Saturdays - plumber $24.75, helper $21.00; Sundays and holidays - plumber $33.00, helper $20.00. Repair parts and materials billed at cost plus ?5%. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - ELECTRICAL MATNTENANCE Bids for electrical maintenance and service were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: SEMKO ELECTRIC COMPANY, INC. - Labor rates for-crvicv, Regular working hours - electrician $1.2.35/hr.., helper $b.85/hr; Evenings and Saturdays - electrician $17.45/hr., helper. $12.35/hr.; Sundays and holidays - electrician $1-7.45/hr., helper $12.35/hr. Repair parts and materials billed at cost plus 20v,. I I I 1 MAY 1, 1984 MINUTES, CONT'D. 1 ,1 r. I ELLSWORTH ELECTRIC COMPANY - Labor rates for services, Regular working hours - electrician $17.00/hr., helper $11.00/hr; evenings and Saturdays - electrician $24.00/hr., helper $16.00/hr.; Sundays and holidays - electrician $30.00/hr., helper $20.00/hr. Repair parts and materials billed at cost plus 20%. FUNK ELECTRIC SERVICE: Labor rates for service, Regular working hours - electrician $16.50/hr., helper $9.00/hr.; evenings and Saturdays - electrician $24.75/hr., helper $13.50/hr.; Sundays and holidays - electrician $33.00/hr., helper $18.00/hr. Repair parts and materials billed at cost plus 25%. The bids will be reviewed by appropriate official prior to a decision being rendered. BID OPENING - COUNTY COMMUTER INSURANCE Bids for the County Commuter Insurance were publicly opened and read aloud. Firms participating in the bidding were as follows: KELLER STONEBRAKER INSURANCE: proposed insurer - Transit Casualty Company - $500 deductable, premium - $30,160 annually, payable in 12 monthly, equal installments; $1000 collision deductable $28,559 annually, payable in 12 monthly installments. WRIGHT GARDENER INSURANCE: proposed insurer - Commercial Union, $500 deductable, premium $23,142 annually, payab7 in 12 monthly installments of $1,928.50; $1000 collision deductable, premium - $22,32: annually, payable in 12 monthly installments of $1,860.25. The bids will be reviewed by appropriate officials prior to a decision being rendered. SANITARY COMMISSION - HIGHFIELD RESOLUTION Motion made by Commissioner Downey, seconded by Salvatore to approve the final resolution and subdivision plat for Highfield subject to the County Attorney's review and approval of the legal aspects. Unanimously approved. RECESS The Meeting was recessed at 11:45 a.m. for lunch at the Career Studies Center in conjunction with Vocational Education Week. AFTERNOON SESSION The Afternoon Session was convened at 2:00 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore, and Snook present. BUDGET WORKSHOP AND REVIEW Between 2:00 p.m. and 4:00 p.m., the Commissioners held a Budget Workshop and Review on the Fiscal Year 1984/85 Budget. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 4:00 p.m. in regard to personnel matters pursuant to the authority con- tained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Salvatore, to reconvene in Regular Session at 5:15 p.m. Unanimously approved. SPECIFICATION - WORKMENS COMPENSATION BIDS Motion made by Commissioner Downey to delete Item XI, requiring attendance at the pre -bid conference in order to submit a bid, from the specifications for the County's Workmen's Compensation insurance policy. Motion died for lack of a second. TRANSFER OF EMPLOYEE TO PARKS DEPARTMENT Motion made by Commissioner Salvatore, seconded by Snook to transfer John Arvin from the County Commuter to the position of MMI, Parks Department, effective May 7, 1984, for a sixty-day probationary period. Unanimously approved. BUDGET REVIEW AND WORKSHOP The Commissioners resumed the Budget Workshop and Review for the Fiscal Year 1984/85 Budget. RECESS The Meeting was recessed at 6:15 p.m. for dinner. EVENING SESSION The Evening Session was convened at 7:30 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore, and Snook present. BUDGET REVIEW AND WORKSHOP The Commissioners continued the Budget Workshop and Review for the Fiscal Year 1984/85 Budget. MAY 1, 1984 MINUTES, CONT'D. on made by Commissioner Salvatore, seconded by Roulette to adjourn at 10:35 p.m. imously approved May 8, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:05 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore, and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Rev. C. Richard Masters, Church of the Holy Trinity, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION - GOODWILL WEEK Motion made by Commissioner Roulette, seconded by Downey to proclaim the week of May 6 - 12, 1984, as Goodwill Week in Washington County, urging all citizens to give recognition and support to the efforts of this valuable organization. Unanimously approved. The proclamation was read by Commissioner Bowers and presented to Marge Millar, Executive Director of Goodwill Industries. PROCLAMATION - SPECIAL OLYMPICS WEEK (Motion made by Commissioner Salvatore, seconded by Roulette to proclaim the week of May 14-20, 1984, as Special Olympics Week in Washington County and urges all citizens to recognize this event and participate fittingly in its observance. Unanimously approved. The proclamation was read by Commissioner Roulette and presented to Marva Davis, Area Director of Special Olympics and Tim Young, Hagerstown Jaycees. Mayor Frush of Hagerstown also presented a proclamation from the City of Hagerstown pro- claiming Special Olympics Week. PRESENTATION OF CHECK TO CITY OF HAGERSTOWN Commies[oner Bowers presented Mayor Frush with a check in the amount of $7,492.68 from the County government, representing the money which was confiscated from an illegal gambling operation during a police investigation by the City of Hagerstown. President Bowers noted that while the money by law was the property of the County government, the Commissioners felt that it properly should go to the City government since the City police were responsible for the confiscation. EMPLOY CITY/COUNTY RECREATION DIRECTOR Motion ma a by Commmssioner Roulette, seconded by Salvatore to employ Ronald Kidd as City/County Recreation Director at Grade 9, Step M, starting salary -$21,323. Unanimou approved . ACTIVITIES REPORT - DISABLED CITIZENS COORDINATOR Alan Davis, Personnel Director, and Cindy Mease, Disabled Citizens Coordinator, appeared before the Commissioners to give an activities report for the first eight months of the program for handicapped/disabled citizens. APPOINTMENT - MENTAL HEALTH AD' ISC,RY DOARD Motion made by Commissioner Roulette, seconded by Salvatore to appoint Lynn Schlossberc and Dr. Lynette Whitt to the Mental Health Advisory Board. Unanimously approved. REZONING CASES - RZ-279 - RZ-282 After due consideration of all the matters and facts adduced at the public hearing held on April 24, 1984, the comments submitted in writing within the 10 day period following said Hearing, and the recommendations from the Planning Commission regarding Rezoning Cases 279 through 282, the following decisions were rendered: REZONING CASE - 279 Motion mace by Couuuissiun is oulttc, zccrndcd b' Dot4nay 1-n APPROVE the recommendation of the Planning Commission in amendment. ]l.l.(a) which would put a maximum square footage of 15,000 sq. ft. of floor space to printing, blueprinting, photocopying, and similar reproduction services in the "BL" District. Unanimously approved. REZONING CASE - 280 T Commissioners decided to refer this amendment back to the P.lann.iny Commission and staff for further study and recommendation. I I I j 14AY 8, 1984 MINUTES, CONT'D. I �J U REZONING CASE - 281 Motion made by Commissioner Salvatore, seconded by Snook to APPROVE the amendment to 6.1(y) to add a Firearms Repair Shop, including retail sales, to make that use principally permitted and an amendment to 6.5 which would put this use in with the minimum lot size, width and setback areas consistent with similar type uses in the Agricultural District. Unanimously approved. REZONING CASE - 282 This amendment will be re -heard on June 11, 1984, due to the fact that it was not properly advertised. ACCEPTANCE OF BID - FLEET INSURANCY - COUNTY COI-iMUTER Motion made by Commissioner Salvatore, seconded by Roulette to accept the low proposal of Wright Gardner Insurance, through Commercial Union Insurance, in the amount of $22,323 total premium, payable in 12 monthly installments of $1,860.25. Unanimously approved. WORKMANS COMPENSATION SPECIFICATIONS PRE -BID CONFERENCE Motion made by Commissioner Roulette, seconded by Salvatore to reconsider the decision made last week not to waive the requirement of attendance at the pre -bid conference for workman's compensation specifications. Unanimously approved. Motion made by Commissioner Downey, seconded by Roulette to hold a second workman's compensation specifications pre -bid conference at which attendance will be mandatory for all companies wishing to submit a proposal, excluding those who attended the first pre -bid conference. Unanimously approved. HOUSE NUMBERING SYSTEM The County Attorney reported to the Commissioners that authorization for the house numbering system would require an act of legislature. The Commissioners decided to contact the chairman of the Washington County dalegation to request that a b-_il. be pre -filed. PLATFORM - DOUBS WOODS The Washington County Arts Council has donated $4,000 toward the construction of a performing platform at Doubs Woods Park. The Commissioners decided to discuss this matter in the capital improvements budget review. ACCEPT BID - HEATING & PLUMBING MAINTENANCE Motion made by Commissioner Downey, seconded by Snook to accept the bid of Beaver Mechanical Contractors, Inc. for heating and plumbing maintenance with a total base bid of $2096 for specific services; regular working hours - plumber $17.50/hr., helper $12.50/hr; evenings and Saturdays - plumber $26.25/hr., helper $18.75/hr.; Sundays and holidays - plumber $35.00/hr., helper $25.00/hr. Unanimously approved. ACCEPT BID - ELECTRICAL MAINTENANCE Motion made by Commissioner Roulette, seconded by Downey to accept the bid of Semko Electric Company, Inc., for electrical maintenance with a bid for labor rates for services - regular working hours - electrician $12.35/hr., helper $8.85/hr.; evenings and Saturdays - electrician $17.45/hr., helper $12.35/hr.; Sundays and holidays - electrician $17.45/hr., helper $12.35/hr. - repair parts and materials billed at cost plus 20%. Unanimously approved. TRANSFER OF FUNDS - HOUSING & COMMUNITY DEVELOPMENT Annette vanHilst, Director of Housing & Community Development, requested that check- ing accounts with Hagerstown Trust be moved to another bank since Hagerstown Trust had recently instituted service charges. The Commissioners requested that the Finance Director and County Administrator check with the various lending institutions regarding a waiver of service fees. ACCEPTANCE OF RESIGNATION - TOURISM CENTER Motion made by Commissioner Downey, seconded by Snook to accept the resignation of Spring Ward at the Tourist Information Center and to authorize advertising of this position. Unanimously approved. VACANCY - PLANNING DEPARTMENT Motion made by Commissioner Roulette, seconded by Downey to approve advertising of the Planner I position contingent upon receipt of a written resignation from Richard Shipe, Planner I. Unanimously approved. BUDGET REVIEW The Commissioners held a Budget Review and Workshop on the Fiscal Year 1984/85 budget. BID C1'ENING -_TOURISM POSTliR BROC_IIUR_E Bids for the tourism poster/brochure were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: S'ILVLA SANCHEZ, MAY 8, 1984 MINUTES, CONT'D BID OPENING - TOURISM POSTER/BROCHURE (Cont'd) INC. - Base Bid $13,000, cost for each 5,000 additional copies - $1,250. YORK GRAPH.[ SERVICE, INC. - Base bid $11,167, cost per each 5,000 additional copies - $350. IMPA GRAPHICS ADVERTISING - Base bid $10,588, cost for each 5,000 additional copies - $625. TRI-STATE PRINTING, INC. - Base bid $5,690, cost per each 5,000 additional copies - $560. PRINTERS INK - Base bid $10,160.60, cost per each 5,000 additional copies - $833.70. The bids will be reviewed by the appropriate personnel prior to a decision being rendered. BUDGET REVIEW The Commissioners resumed the Budget Review and Workshop on the Fiscal Year 1984/85 budget. RECESS The Meeting was recessed at 12:13 p.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at 1:30 p.m. with Commissioner Bowers presiding a Vice President Roulette and Commissioners Downey, Salvatore, and Snook present. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 1:35 p.m. in regard '.o personnel matters and litigation pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Snook to reconvene in Regular Session at 4:20 p.m. Unanimously approved. PAYMENT OF SETTLEMENT - TOWN OF WILLIAMSP0RT Motion made by Commissioner Roulette, seconded by Salvatore to have the County pay the settlement ordered by Circuit Court for Deputy William Malott with the Town of Williamsport in the amount of $1,498.50 plus interest and costs, with payment to be made from the escrow for public liability for the Sheriff's Department. Unanimously approved. MEMORIAL DAY HOLIDAY Motion made by Commissioner Roulette, seconded by Salvatore, to observe Monday, May 28, as the Memorial Day holiday rather than May 30 and to extend this offer to employees covered by the collective bargaining agreement. Motion carried with Commissioners Bowers, Roulette, Salvatore, and Snook voting "AYE" and Commissioner Downey voting "NO". ADVERTISING - CONSTANT YIELD TAX RATE Motion made by Commissioner Salvatore, seconded by Roulette to advertise! for public hearing the County's intention to adopt a tax rate in excess of constant yield for fiscal year beginning July 1, ].984. Unanimously approved. BUDGET REVIEW The Commissioners further discussed and considered the Fiscal Year 1984/85 budget. ADJOURNMENT Motion made by Commissioner Salvatore, seconded by Downey, to adjourn at 6:20 p.m. Unanimously approved. Coun AttoYneyII Clem II May 15, 1984 II Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, and John R. Salvatore. INVOCATION AND PLEDGE OF ALLEGIANCE e n catThri wae vere -Fy Rev. Harold E. Barnett, followed by the Pledgee of Allegiance to the Flag by the full Assemblage. MAY 15, 1984 MINUTES, CONT'D PRESENTATION OF HISTORICAL PRESERVATION AWARD Commissioner Bowers read and presented the 1983 Annual Historic Preservation Award �I to Lewis and Frances Horst in recognition of their efforts in promoting Historical Preservation in Washington County through the restoration of the old Wilson Store II property. John Frye, Chairman of the Washington County Historical Advisory Commit- tee, stated that Mr. and Mrs. Horst were highly deserving of the recommendation by his Committee and recognition by the County Commissioners. CITY OF HAGERSTOWN PROCLAMATION - PRESERVATION WEEK Donald R. Frush, Mayor of the City of Hagerstown, read a Proclamation adopted by the Mayor and Council, in recognition of PRESERVATION WEEK 1984 and presented a copy to the Chairman of the Washington County Historical Advisory Committee. WASHINGTON COUNTY PROCLAMATION - PRESERVATION WEEK Commissioner Roulette read a proposed PROCLAMATION in recognition of PRESERVATION WEEK, May 13 - 19, 1984. MOTION made by Commissioner Roulette, seconded by Downey to adopt said PROCLAMATION and urge the people of Washington County to recognize and participate in this special observance. Unanimously approved. The Commissioners presented a copy of the Proclamation to the Chairman of the Wash- ington County Historical Committee. PROCLAMATION - WASHINGTON COUNTY TOURISM WEEK Commissioner Salvatore read a proposed Proclamation designating the week of May 27, 1984, as Washington County Tourism Week. MOTION made by Commissioner Salvatore, seconded by Roulette to adopt said Proclamatio urging the people of Washington County to observe such week with appropriate ceremo- nies and activities. Unanimously approved. The Commissioners presented a copy of the Proclamation to County and private tourism officials. TOURISM GRANT APPLICATION Motion made by Commissioner Roulette, seconded by Salvatore to approve of the appli- cation to the State of Maryland through the Department of Economic and Community Development for a grant in the amount of $14,769 for tourism development in Washjngto County. Unanimously approved. PROCLAMATION - 350th ANNIVERSARY CELEBRATION Motion made by Commissioner Downey, seconded by Roulette to proclaim July 22, 1984, as the day to observe Maryland's 350th Anniversary in Washington County and urge all citizens to participate in this special celebration. Unanimously approved. At this time Commissioner Martin L. Snook arrived at the Meeting. REAPPOINTMENTS TO BOARD OF SOCIAL SERVICES Motion made by Commissioner Snook, seconded by Roulette to reapoint James Lathan, Linda Donavan, Lewis Stouffer and Alan Weatherholt to serve for three (3) year terms as members of the Board of Social Services. Unanimously approved. AWARD BID - TOURISM POSTER_BROCHU_RE Motion made by Commissioner Salvatore, seconded by Downey to award the contract for printing the Tourism Poster/Brochure to Tri-State Printing who submitted the low bid for Alternate #1 - 50,000 copies in the amount of $5,690. Unanimously approved. II I MINUTES OF COUNTY COMMISSIONERS MEETINGS FOR APRIL 1984 I! f Motion made by Commissioner Downey, seconded by Roulette to approve of the Minutes of the County Commissioners' Meetings for April 1984, as corrected. Unanimously approve VALLEY ROAD BRIDGE RECONSTRUCTION PROJECT OPTION AGREEMENTS Motion made by Commissioner Roulette, seconded by Downey to approve of the following Option Agreements in connection with the Valley Road Bridge Reconstruction Project: Rhoda and Calvin Tritapoe - Convey in Fee Simple 3033 square feet, convey in Perpet- ual. Easement 3123 square feet, convey in revertible easement 225 square feet for the sum of $500 plus the provisions of the supplemental letter dated February 15, 198 i n fcc :;i:nplc 8, 965 a�,,,�rP F et convey irrevertibl . , tarthur. and Evalyn �cany - o,lviy c--- easement 243 square feet for the sum of $1,000 plus the provisions of the supplements letter dated May 4, 1984; life tenant Charles Sanqer - convey in fee simple 15,777 square feet, convey in perpetual easement 4896 square feet, convey in revertible ease ment 54 square feet: for the sum of $1,425 plus the provisions of the supplemental letter dated February 15, 1984; Chessie System Railroads - grant of a permanent ease- ment over the parcel containing .1.6,020 square feet for the sum of $1,800. Unanimous) approved. REVENUE SHARING TRANSFERS Motion made by Commissioner Downey, seconded by Roulette to approve of Revenue Sharin transfers for eligible expenditures in the foll.nwinu account9: Iligttway Fund - $145,579.57, General Fund -• $39,775.37, Capital Prni,"•ha Fund - $198,168.22. tlntani- mounly approved. 15, 1984 TES, CONT'D FISCAL YEAR 1984/85 BUDGET REVIEW The Director of Finance informed the Commissioners that there was still a shortfall of of $987,646 in revenues in order to meet the proposed level of expenditures in the amount of $42,740,000 in the FY 1984/85 budget. After a lengthy discussion of the matter, it was taken under advisement at this time. CRASH/FIRE RESCUE COVERAGE - AIRPORT Motion made by Commissioner Roulette, seconded by Salvatore authorizing the County Administrator and Airport Manager to pursue acquiring crash/fire rescue equipment for the Washington County Airport and to arrange for the manpower required to operate it. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Roulette to convene in Executive Session at 11:40 a.m. in regard to personnel matters, pursuant to the Authority con- tained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Snook, seconded by Downey to reconvene in Regular Session at 12:00 noon. Unanimously approved. RESOLUTION TO OPEN ACCOUNT WITH FIRST DISCOUNT BROKERAGE Motion made by Commissioner Snook, seconded by Downey authorizing Ronald L. Bowers, President, to open an account in the name of the Board of County Commissioners with the First Discount Brokerage Corporation, with said authorization to remain in force until revoked by said Board. Unanimously approved. RECESS The Meeting was recessed at 12:10 p.m. for lunch and a tour of the S.P.C.A. Animal Shelter. AFTERNOON SESSION The Afternoon Session was convened at 3:30 p.m. with President Bowers presiding and Commissioners Downey, Salvatore, and Snook present. PUBLIC HEARING - NECK ROAD SUBDIVISION MORATORIUM President Bowers convened the Meeting in Public Hearing in regard to a proposed Ordi- nance to provide for a moratorium on Neck Road Subdivision. David Poole, County Attorney, read. the Ordinance, as proposed. There being no one present to speak for nor against said Ordinance, the President announced that the Record would be kept open until next Tuesday, May 22nd, for comments to be submitted in writing. He closed the Public Hearing at 3:40 p.m. and reconvened the Meeting in Regular Session. At this time Commissioner Roulette arrived at the Meeting. PROPOSE TAX INCREASE After further review of proposed expenditures and estimated revenues for FY 1984/85, a MOTION was made by Commissioner Roulette, seconded by Salvatore to propose a 7C increase in the property tax rate, and further, in order to arrive at a balanced budget, to reduce the general fund appropriation to the Capital Projects Budget in the amount of $245,000, which is to be achieved by closing out completed projects in the current budget; said action being contingent upon there being no adverse testimony of substance at the Public Hearing to be held on May 22, 1984 and revisions in estimated revenues by the State. Upon a roll -call vote, MOTION carried with Commissioners Bowers, Roulette and Salvatore voting "AYE" and Commissioners Downey and Snook voting PUBLIC HEARING - INCREASE ADMISSIONS AND AMUSEMENT TAX The President convened the Meeting in Public 'Hearing at ".:-_ pm to nnnr3.der a Resolution to increase the Admissions and Amusement Tax to 5%. There was no one present to speak "for" said Resolution. Franklin R. Turner, representing Turner Enterprises, gave testimony in "opposition" to a tax increase, stating that it was unfair to private businesses since clubs were not subject to the tax. He said that he would not object to the tax being increased on a gradual basis. Ronald Tfirner, representing the Del Mar Inn, gave testimony in opposition to the tax increase. He said that clubs are his greatest competition and the additional tax would give them a greater advantage. John Grove, representing Frank Plessinger, owner of the Hagerstown Raceway, gave testimony in opposition to the tax increase. He said that the Raceway helped the community by attracting tourists and that a tax increase would hurt this source of revenuee. After hearing all testimony, the President announced that the Record would ba held open for ten (10) days for additional comments to be submitted in writing. He closed the Hearing at 4:35 p.m. and reconvened the Meeting in Regular Session. I I I I MAY 15, 1984 MINUTES, CONT'D Li n [I ADJOURNMENT Motion made by Commissioner Roulette, seconded by Salvatore to adjourn at 4:35 p.m. Unanimously approved. Coun Attorney May 22, 1.984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Reverend H. F. Myers, First Church of God, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION - FOSTER PARENT WEEK Commissioner Downey read a proposed Proclamation designating the week of May 20-27, 1984, as Foster Parent Week in Washington County. MOTION made by Commissioner Downey, seconded by Snook to so Proclaim Foster Parent Week to honor the role of foster parents in the special care and guidance of children and to commend this observance to all citizens. Unanimously approved. A copy of the Proclamation was accepted by Robert Hull on behalf of the Department of Social Services. PROCLAMATION - MEALS -ON -WHEELS VOLUNTEER WEEK Commissioner Roulette read a proposed Proclamation designating the week of May 20- 26, 1984, as Meals -on -Wheels Volunteer Week in Washington County. Motion made by Commissioner Roulette, seconded by Salvatore to so proclaim Meals -on - Wheels Volunteer Week and urge all citizens to recognize the good work done by these volunteers. Unanimously approved. A copy of the proclamation was presented to Community Action Council officials. WASHINGTON COUNTY WOMEN'S NETWORK Libby Earley, on behalf of. the Women's Network of Washington County introduced the Commissioners to one of the latest services being provided to the community, the Public Service Resource Roster. She said that the Roster, complete with resumes, is available for the Commissioners' review when seeking qualified appointees for boards or commissions. The Commissioners expressed their appreciation for the Network's concern and efforts on their. behalf. PROCEED WITH CONVEYANCE OF PROPERTY There having been no public response to adversely affect the Commissioners duly published Notice of Intention to sell land at private sale to Dennis G. and Diane B. Evans, a MOTION was made by Commissioner Roulette, seconded by Snook and unanimously passed to proceed with the conveyance of Lot No. 8, Block C on Paradise Drive in Election District No. 27,. Washington County, Maryland, to the said Dennis G. and Diane B. Evans in and for consideration of the sum of $1,200 and all expenses of transfer, including the cost of advertising and preparation of the deed. NECK ROAD SUBDIVISION MORATORIUM ORDINANCE There having been no public response at the Public Hearing held on May 15, 1983, nor any comments submitted in writing within the seven (7) day period following said Public Hearing, a MOTION was made by Commissioner Roulette, seconded by Salvatore and duly adopted with Commissioners Bowers and Downey "AYE" and Commissioner Snook voting "NO", to enact an Ordinance to provide for a moratorium on Neck Road Sub- division, effective May .30, 1984. MOCK ARREST The Meeting was briefly interrupted for a mock arrest of Commissioner Bowers by Sheriff Bowman and Sergeant Willman. Sue Snyder, representing the Washington County Chapter of the American Cancer Society, set the Commissioners bail at a $300 donation. to the Cancer Society, for its Washington County Detention Center Jail-a-Thon fund raiser. He was released after promising to fulfill this pledge. MAY 22, 1984 MINUTES, CONT'D. APPOINTMENT TO TRI-COUNTY COUNCIL Motion made by Commissioner Downey, seconded by Roulette to appoint Blaine Weaver to serve as a member of Tri-County Council for Western Maryland. Unanimously approved. EXCUSE TAXES - PRE -CASTE, INC. Motion made by Commissioner Roulette, seconded by Salvatore to excuse the personal property taxes of Pre -Caste, Inc. for FY 1981/82 in the amount of $184.30, on the basis of the County Treasurer's opinion that these taxes are uncollectable. Motion ,carried with Commissioners Roulette, Salvatore, Bowers and Downey voting "AYE" and Commissioner Snook "ABSTAINING". CLOSING -OUT SALE - PLASTER ACCENTS Motion made by Commissioner Snook, seconded by Roulette to grant a license to Plaster Accents, located at 443 South Burhans Boulevard, Hagerstown, to conduct a Closing -Out Sale starting May 28, 1984, providing that all county taxes have been paid. Unani- mously approved. AWARD BID - PEST CONTROL SERVICES Motion made by Commissioner Salvatore, seconded by Roulette to award the contract for Pest Control Services for County Buildings, to Tri-State Termite & Pest Control on a month -to -month basis who submitted the low annual bid of $1,572. Unanimously approve AWARD BID - ELEVATOR MAINTENANCE Motion made by Commissioner Snook, seconded by Salvatore to award the contract for Elevator Maintenance for County Buildings to General Elevator Company, Inc., who submitted the low bid meeting specifications of an annual fee of $8,361. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Salvatore to convene in Executive Session at 10:25 a.m. in regard to property and personnel matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Salvatore, seconded by Roulette to reconvene in Regular Session at 11:00 a.m. Unanimously approved. BID OPENING - DEMOLITION OF JAIL AND JAILHOUSE Bids for demolition of the old Jail and Jailhouse were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Goetz Demolition Co. - $23,000; Elwood Grimm - $85,000; Callas Contractors - $83,000; United Wreckers & Excavators - $29,229; John Merrbaugh - $16,000. The bids will be reviewed by appropriate officials prior to a decision being rendered. RECONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Salvatore to reconvene in Executive Session at 11:15 a.m. in regard to property matters, pursuant to the Authority con- tained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Salvatore to reconvene in Regular Session at 12:35 p.m. :'nanimously approved. RECESS The Meeting was recessed at 12:35 p.m. to be reconvened at 6:00 p.m. BV.NiNG SESSION The Evening Session was convened at 6:00 p.m. by President Bowers, with Vice-Presi Roulette and Commissioners Downey, Salvatore and Snook present. FLEETING WITH WILLIAMSPORT TOWN OFFICIALS Glenwood French, Mayor of the Town of. Williamsport, along with Council Members and Lee Draper, Town Manager, met with the Commissioners to request the County to provide the town with police protection, and engineering and building inspection services. The town officials stated that they would be willing to offer the County a police cruiser and various other equipment, and would recommend the hiring of their current police chief by the Sheriff's Department who would provide the town with 8 hours per day, 5 days a weer paui.eci.iuu. They aaitvu i,;lut t.a C.', :.tf �:;7....:c. ., c r.:..,. .. :.•..11-.,a„ for advise and design services and that the DepartmentofPermits and Inspections perform building inspections within the: town. After a general discussion of the town's requests, a MOTION was made by commissioner Roulette, seconded by Salvatore, to endorse the concept of the County providing police protection and engineering and inspection services to the town, pending the negotiation of a final agreement regard- ing the funding of police protection, and further, instructing the County Administrat Town Manager, and Sheriff to develop a proposed agreement for their consideration. Unanimously approved. LI I MAY 22, 1984 MINUTES, CONT'D AN.QRDINANCE TO PP.OVIDE FOR A MORATORIUM ON NECK ROAD SUBDIVISION 5 L S. REcgIv POt RECORD May 29 1984 at 2:45 o'clock 1. M. , Acts, Ordinances and Resolutions for Washington County Libor No. 3 AN ORDINANCE TO PROVIDE POE A MORATORIUM ON NECK ROAD SUBDIVISION WHEREAS, Under Article 66B of the Annotated Code of Maryland, the Board of County Commissioners of Washington County has been vested with planning and coning powers; and WHEREAS, Under Section 3.05 of Article 668 of the Annotated Code of Maryland, the Board of County Commissionary has adopted a compre- honstva development plan to guide public and private actions to insure the development of public and private properties in appropriate xelationehipe; and WHEREAS, The Board of County Commissioners, under Section 3.06 of Article 661, is responsible for guiding and accomplishing the coordinated, adjusted and harmonious development of the jurisdiction, and its environs which will, in accordance with present and future needs, best protect health, safety, morals, order, convenience, prosperity, and general welfare; and WHEREAS, The Washington County Planning Commission and the Washington County Engineering Department have determined that there presently exist conditions which are substantially hindering the achievement of the above -mentioned goals of Section 3.06 in the subdivision of properties along Mack Road; end WHEREAS, The Board of County Commissionira, under Section 3.07 of R.rticle 668, is empowered to amend or suspend the comprehensive develop— ment plan so as to further the purposes of the plan pending the enactment n1 now or revised xonins regulations applicable thereto and the widening and iaprovemont of Mack Road. 9$7 NOW, THIEREFORE, BE IT ENACTED: Section 1 of this Ordinance. Be it enacted by the Board of County Commissioners of Washington -County, Maryland, that in consideration of the Board 'a responsibilities and the existing roadway conditions of Neck Road, that an Ordinance be and it is hereby enacted to read as follows: That no applications for subdivision plat approval& of properties along the southern section of Neck Road from Dellinger Road to the end thereof shall be received or processed as of the .O �'g`day of 1984 and thereafter for a period of three hundred sixty five (365) days from that date, exempting therefrom one subdivision per property for a family member as defined in the Washington County Subdivision Ordinance; and Any applications for subdivision plat approvals of properties along the northern section of Nock Road from Falling Waters Road to Dellinger Road may permitted only on an individual case by case basis as of the ,3O cslday of 1984 and thereafter for a period of three hundred sixty five 365) days from that date; in view of the existing conditions of Neck Road and the need for widening and improvement thereof. Section 2 of this Ordinance. That this Ordinance shall take affect on the _. -a day of 1984. BOARD OF COUNTY COMMISSIONERS OP WASHINGTON COUNTY, MARYLAND ATTEST AS TO 'SIGNATURE;AND CORP08/n2& ORAL: Cathryn P,hort, Clark WITNESS t ' % , BYN,— mbUA rh`CL5[1k I,,s�. � Ronald L. re, President -2- ais d E. tiouletta. Vice-Prui.nC R. Lea Downy C. . S2 J R. Salvatore Martin L. Snook APPROVED This Zday of 1984. -3- i - r� O - �' MAY 22, 1984 MINUTES, CONT'D PUBLIC HEARING - FY 1984/65 BUDGET AND PROPOSED USE OF REVENUE SHARING FUNDS —— President Bowers convened the the Public Hearing at 7:00 p.m. in Court Room #1 in regardi d f Cl. 4 F d 44 , n.-.............-. I I I 1 to the proposed FY 1984/85 Budget and the Propose Use o ar ng un s w Vice President Roulette and Commissioners Downey, Salvatore and Snook present. Afte# a video presentation of the budgetary process and the economic factors affecting the, County's revenues, Barry Teach, County Administrator, made a presentation of the estimated revenues and proposed expenditures for FY 1984/85, including the proposed use of $1,800,000 in Revenue Sharing Funds. Mr. Teach stated that the budget pro- posed the following expenditures: General Fund - $42,495,000, Highway Fund - $4,042,161, and Capital Projects Fund - $3,673,394. He said that revenues required to balance the budget included the proposed tax increase of $.07 for a tax levy of $2.05 per $100 of assessed valuation. At this time the Hearing was opened for comments from the audience. Of the 100 plus persons in attendance, fifteen (15) testified in opposition to a tax increase and to increased assessments, a petition of 317 signatures objecting to the increase was submitted, five (5) spoke in favor of increasing the proposed allocation to the Board of Education and the tax increase After hearing all testimony, President Bowers announced that the FY 1984/85 tax rater, would be set at the County Commissioners Regular Meeting on May 29th at 10:00 a.m. ADJOURNMENT Motion made by Commissioner Downey, seconded by Salvatore to adjourn at 9:45 p.m. Unanimously approved. 9Z11ch\ C y Attorne ' 1 May 29, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE_ The Invocation was delivered by Commissioner Salvatore, followed by the Pledge of Allegiance to the Flag by the full Assemblage. AWARD BID - TRANSIT COACHES Motion made by Commissioner Roulette, seconded by Salvatore to accept the recom- mendation of the Manager of the County Commuter System with concurrence by the State Mass Transit Administration, and award the contract for purchase of six (6) 31 -passenger transit coaches to Carpenter Body Works, Inc., who submitted the low bid of $106,900 per unit for a total bid of $641,400. Unanimously approved. REAPPOINTMENT TO TRANSPORTATIONCOMMISSION Motion made by Commissioner Salvatore, seconded by Downey to reappoint Bruce Rudisill to serve as a member of the Washington County Transportation Commission for a three (3) year term to expire May 29, 1987. Unanimously approved. APPOINTMENT TO HOUSING RF.HAF1 LOAN COMMITTEE Motion made by Commissioner Roulette, seconded by Salvatore to appoint Michael Hardy to serve as a member of the Housing Rehab Loan Committee. Unanimously approved. MINUTES OF MEETINGS FOR MAY 1 AND MAY 8, 1984 Motion made by Commissioner Downey, seconded by Roulette to approve of the Minutes of the County Commissioners' Meetings for May 1, 1984 as submitted and for May 8, 1984, as amended. Unanimously approved. _ _ RE .EF ADMISSIONS K. AMr:' PMRNT TAX TO SA After dire Cons dt eration of the testimony given at the Public Hearing held on May 17, 1984, and comments submitted in writing within the ten (10) day period following said Public Hearing, a MOTION was made by Commissioner Salvatore, seconded by Roulette and unanimously approved to adopt a Resolution to levy a 5% tax on the gross receipts of every person, firm or corporation obtained from sources within the County derived from the amounts charged for admissions and amusements, in accordance with the authority contained in Article 81, section 402 of the Annotated Code of Maryland, with said 5% tax rate to become effective July 1, 1.984. (Copy of Resolution attached.) MAY 29, 1984 MINUTES, CONT'D. LINE ITEM TRANSFERS - TRANSPORTATION COMMISSION Motion made by Commissioner Salvatore, seconded by Snook to approve of the following line -item transfers in the Transportation Commission budget. Unanimously approved. Transfer From Amount Transfer Into 800-412-000(Uniforms) $ 60 800-410•-140 (Medical) 800-412-000(Uniforms) $ 20 800-414-000 (Subscription) 800-412-000(Uniforms) $ 30 800-415-000 (Postage) 800-412-000(Uniforms) $ 225 800-421-000 (Legal Advertising) 800-416-010(Utilities - Fuel) $ 325 800-416.020 (Utilities - Electric) 800-450-010(Gasoline) $4,100 800-450-020 (Diesel) 800-450-040(Motor Oil) $ 395 800-450-080 (Bus Cleansers) 800-450-040(Motor Oil) S 300 800-451-010 (Tires) 800-491-030(Property Damage) $3,000 800-454-000 (Contract Maintenance) 800-429-990(Other Training) $ 400 800-411-070 (Bus Supplies) LOCAL FUNDING FOR HJC CAPITAL PROJECTS Motion made by Commissioner Salvatore, seconded by Downey to assure the State Board for Community Colleges that Washington County intends to provide the local share of the funds for the replacement of roofing on three buildings and the repair and exten- sion of pavements at the Hagerstown Junior College. Unanimously approved. EDGEWOOD DRIVE/ROUTE 40 WEST IMPROVEMENTS The Commissioners concurred with the Traffic Advisory Committee's recommendations wit reference to the State Highway Administration's report on the intersection of U.S. Route 40 and Edgewood Drive, and instructed the County Administrator to request the City and State governments to proceed with implementing the recommended improvements as soon as possible, and offering the city any assistance possible. LEVY FY 1984/85 PROPERTY TAX RATE After due consideration of the testimony presented at the Public Hearing held on May 22, 1984, the comments received in writing since said Hearing and further discus•• eion of projected revenues and estimated shortfall in income tax collections, a $O'1'ION was made by Commissioner Roulette and seconded by Salvatore to levy a property tax rate of $2.05 for each $100.00 of assessed evaluation for FY 1984/85. Upon a roll -call vote the Motion CARRIED, with Commissioners Bowers; Roulette and Salvatore voting "AYE" and Commissioners Downey and Snook voting "NO". DISCOUNT FOR JULY TAX PAYMENTS Motion made by Commissioner Salvatore, seconded by Roulette to grant a 2% discount on FY 1984/85 property taxes paid during the month of July 1984. Unanimously approve CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Roulette to convene in Executive Session at 10:25 a.m. in regard to litigation and personnel matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Salvatore to reconvene in Regular Session at 11:00 ,-i.m. Unanimously approved. BID OPENING - WORKERS COMPENSATION INSURANCE Bids for Workers' Compensation Insurance were publicly opened and read aloud. Firms participating in the bidding and their proposals for the estimated net annual premium _ were as follows: Stvuiier nr. Iauene:u ce nyey - $243,900, WrIght (;ordncr I`••' ••"_ Inc. - $88,865.07, Maryland Association of Counties - $148,617, Glen S. Davis Insuran Inc. - $192,473, J. Edward Cochran & Company - $192,376, Tisher & Associates - $191,6 The bids will be reviewed by the Insurance Committee prior to a decision being rendered. BID OPENING - DETENTION CENTER FURNISHINGS Bids for furnishings for the. new Detention Center were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Office Equipment Company - $11,568.56, Labers Office Machines •- $3,074.16 (partial bid), Long's Business Equipment - $9,568, Cockrell Office Equipment - $7,245.34, State Use . :.I.. ., :i I ,.A ti., r4.ero 1I6uni-T1CS — ?"dgv..J %psi: officials prior to a decision being rendered. (Derision rendered later during Morning, Session.) I I e MAY 29, 1984 MINUTES, CONT'D. MAY 29, 1984 MINUTES, dbNT'D. I D!fice of the Clerk of the Circuit Court for Washington County 9J9 RE SO1i)TIQI ND. WHEFF.AS, Article 81, Sect on 402 of the Annotated Coda of Maryland provides that any County within the State of Maryland may by I! Resolution levy a tax an the gross receipts of every person, firm or f ccscporation obtained frtm so== within the County derived fxaa the amounts charged for a&n.nsions and amusements. tdi3, , RE IT 92J) ) That pursuant to the power and authority granted to the Board of County Commissioners of Washingb m array, Maryland by Article 81, Section 402, the aciniaai and aaamaaacrts � tax in Washington County, Maryland, shall be at the rate of Five (5%) Per Cent derived from the amounts charged for: 1' 1. Admission to any place, whether the adaissian be by single ticket, season tidcet or subscription, including a cover charge for seats or tables at any roof garden, cabaret or other similar place ,here there in furnished a perfoxmeme, if payment of the amo nts entitles the patron thereof to be present dieing any portion of the perfoimurEen 2. Admission within an enclosure in addition to the initial change for acini.ssi.on to the enclosures 3. The use of sporting or recreational facilities or equipment including the rental of sporting or recreaci.ual equipment, and gams of entertairaoantt and 4. Pefreslaoent, service, or mardhandise at any roof garden, cabaret or similar place where there is furnished a perfonaanoo. Admissions and amasarants tax may not be imposed in Wa.WUzrgton Qxmty, Maryland, an the gross receipts of any person who keeps, owns, or maintains a coin operated game or amWeEsent device that is subject to the license and permit requirements of Article 56, S 20C of the Annotated Code of Maryland. The term "roof garden or other similar place" shall include any roan in any hotel, restaurant, hall or other place where music or dancing privileges or other entertaiment, except macthanical music, radio or television, alone, and where no dancing is permitted, are afforded the meabere, guests, or patrons in cocmection with the serving or selling of food, refreshment or merY ia„d+se. The tax levied by this Resolution shall be oollectn by the �x • e r•� p r • •• .• 7for /( t na�iciezicy: W&id X.' Poole, Jr. Oounty Attorney ✓ 1 MAY 29, 1984 MINUTES, CONT'D. I I I BID OPENING - PROPANE FUEL FOR SHERIFFS VEHICLES Bide based on an estimated 24,000 gallons of propane fuel for Sheriff's Department Patrol Cars were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Supertane - $.71 per gallon, Shawley's - $.66.83 per gallon, Pyrofax - $.68.1 per gallon, Columbia Hydro -Carbon - $.73.75 per gallon. The bids will be reviewed by appropriate officials prior to a decision being rednered. (Decision rendered later during Morning Session.) RECONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to reconvene in Executive Session at 11:25 a.m. in regard to litigation and personnel matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 &7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION ? Motion made by Commissioner Salvatore, seconded by Roulette to reconvene in Regular Session at 12:30 p.m. Unanimously approved. AWARD CONTRACT FOR PROPANE FUEL Motion made by Commissioner Snook, seconded by Salvatore to award the contract for supplying an estimated 24,000 gallons of propane fuel for the Sheriff's Department vehicles to Shawley's who submitted the low bid of $.66.83 per gallon. Unanimously approved. AWARD BID - DETENTION CENTER FURNISHINGS Motion made by Commissioner Snook, seconded by Salvatore to award the bid for furnishings for the new Detention Center to Cockrell Office Equipment who submitted the low bid on the total package of $7,234.45. Unanimously approved. NOTICE OF LATE BIDS It was noted for the Record that the bids of PMA Group on Workers Compensation Insurance and Office Suppliers for Detention Center Furnishings were received after the May 29, 1984, 11:00 a.m. deadline and will be returned to the companies unopened. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Snook to adjourn at 12:30 p.m. Unanimously approved. (There was no Afternoon Session in order that the Commis- sioners could attend the Tourism Seminar at the Venice Inn which is being jointly sponsored by the County Tourism Department and Washington County Tourism, Inc.). ounX.y Att1rney / 6 �Cl.erk June 5, 1984 Hagerstown, Maryland 21740 II The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners K. Lee Downey, John R. Salvatore, and Martin L. Snook. INVOCATION AND PLEDGE_O_ALLEGIANCE_ The Invocation was delivered by Commissioner. Roulette followed by the Pledge of Allegiance to the Flag by the full Assemblage. RE VEST TO ADMINISTER DOG L-CCENSE LAW - 3PCA Sue Smallwood, President, and Dick Souders, member of the Board of Directors of the Washington County Society for the Prevention of Cruelty to Animals, appeared before the Commissioners to recommend that the Society be authorized to enforce and admin- later the dog licensing laws, .includiiiy tat J.;y lnaing i,rogra-, and the right to issue II written citations to violators. They submitted a proposed agreement for the Commissioners' consideration. The Commissioners took the matter under advisement, pending a review of the proposal as to its legality by the respective attornies of the two Boards. JUNE 5, 1984 MINUTES, CONT'D. APPROVAL OF FISCAL YEAR 1985 BUDGETS Motion made by Commissioner Roulette, seconded by Salvatore to approve and officially I� adopt the following budgets for Fiscal Year 1985: General Fund - $42,515,000, Highway Fund - $4,042,161, Capital Projects Fund - $3,673,394, Transportation fund - $727,146, Airport Fund - $92,948, Revenue Sharing Fund - $1,800,800. Unanimously approved. REINSTATE FULL FUNDING TO COUNTY AGENCIES Motion made by Commissioner Salvatore, seconded by Roulette to reimburse the Board of Education $100,000 of it's surplus funds, and reinstate the full FY 1984 allocation to the Library in the amount of $2500 and to the Hagerstown Junior College in the amount of $28,000, since temporary measures to alleviate anticipated cash flow problems have been determined unnecessary. Unanimously approved. At this time Commissioner Salvatore was excused from the Meeting. CHANGE ORDERS FOR FUEL METERING SYSTEM - DETENTION CENTER I' Motion made by Commissioner Roulette, seconded y Downey to approve of Change Orders in Detention Center contracts in the amounts of $3,740 for Thompson's Gas & Electric to replace existing propane gas pumps and replace with new pumps and a metering system, and $504.60 for M/L Electric to install 40 amp circuits to the pumps with #8 conductors. Unanimously approved. AWARD BID - WORKERS COMPENSATION INSURANCE Motion made by Commissioner Roulette, seconded by Snook to accept the recommendation of the Insurance Committee and award the bid for Workers' Compensation Insurance to J. Edward Cochran for the annual estimated net cost of $192,376.00. Unanimously approved. POLICE SERVICES FOR THE TOWN OF WILLIAMSP0RT After discussion of a proposed agreement for providing the services of a Deputy for the town of Williamsport, it was decided that the Sheriff and town officials should decide on the terms of the agreement and then submit it to the County Commissioners for funding approval. At this time Commissioner Salvatore returned to the Meeting. METROPOLITAN PLANNING ORGANIZATION RESOLUTION Motion made by Commissioner Roulette, seconded by Downey, acting as the interim Hagerstown Metropolitan Planning Organization, to adopt a Resolution endorsing the draft fiscal year 1985 unified planning work program, approving its submission to both the Urban Mass Transportation Administration and the Federal Highway Adminis- tration. Unanimously approved. TRANSFER FORMER WILSON SCHOOL TO CLEAR SPRING HISTORICAL ORGANIZATION Motion made by Commissioner Sa vatS ore, secon e y noo o approve of the transfer of the former Wilson School property to the Clear Spring District Historical Association, for restoration as an historical tourist attraction, and to so adver- tise the Commissioners' intentions to convey this property. Unanimously approved. PURCHASE CRASHLFIRE RESCUE EQUIPMENT Motion made by Commissioner Salvatore, seconded by Roulette to proceed with the purchase of two (2) pieces of crash/fire/rescue equipment for the Airport, from the Ocean City Fire Department at a total cost of $9,999, with said funds to be appropriated from Capital Contingency. Unanimously approved. I� MINUTES OF COUNTY COMMISSIONERS MEETINGS Motion made by Commissioner Downey, seconded by Roulette to approve of the Minutes of the County Commissioners' Meetings for March 27, May 15 and 22, 1984, as submitted. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Salvatore to convene in Executive Session at 11:15 a.m. in regard to personnel, property and litigation, pursuant to the Authority contained in Article 76(A), Section 11(a)(6 & 71 of 4 -ha Annotated Code of Maryland. Unanimously approved. CONVENE IN REGULAR SESSION 1T ion Commissioner Roulette, seconded by Salvatore to convene in Regular Session at 12:30 p.m. Unanimously approved. JUNE 5, 1984 MINUTES, CONT'D. BID AWARD - DEMOLITION OF OLD DETENTION CENTER MotThn made by Commissioner Salvatore, seconded by Roulette to award the bid for demolition of the old Detention Center to John Merrbaugh Company who submitted the low bid of $16,000, and to waive bonding requirements on this project. Unanimously approved. EMPLOY INFORMATION SPECIALIST - TOURISM CENTER Motion made by Commissioner Salvatore, seconded by Roulette to employ Tina Hultzlandi in the position of Tourism Specialist for the Information Center, to fill the vacancy created by the resignation of Spring Ward. Unanimously approved. ADJOURNMENT Motion made by Commissioner Downey, seconded by Salvatore to adjourn at 12:35 p.m. Unanimously approved. C y Atto ne Clerk Ii June 11, 1984 Hagerstown, Maryland 21740 JOINT REZONING HEARING - CASES 282 - 288 A Public Hearing was held jointly by the Washington County Commissioners and the Planning Commission on June 11, 1984, in Court Room Al to consider Rezoning Cases 282 through 288. The Hearing was opened at 7:00 p.m. with the following officials presiding: County Commissioners President Ronald L. Bowers, Vice Preside Richard E. Roulette and Commissioners R. Lee Downey and John R. Salvatore, Planning Commission Chairman William E. Wolford, Jr., and Commission members Michael Barnhar Jack B. Byers, John C. Herbst, Marianne Jenneke and Donald E. Zombro. After hear- ing all the testimony for and against said Rezoning Cases, it was announced that the Record would remain open for ten (10) days for additional testimony to be submitted in writing. The Hearing was closed at 10:00 p.m. David K. Poo e, County Attorney Clerk - IIi June 12, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following -embars resent: Vice nresident Richard F. Rr,"!-ttc and C`.nmmisRinners R. Lee Downey and John R. Salvatore. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Dale Brewbaker, Radio Station WCRN News Reporter, followed by the Pledge of Allegiance to the Flag by the full Assemblage. AGRICULTURAL LAND INVENTORY MAP Jack Hawbaker, Executive Director of the Planning Department, along with Catherine Thompson, Senior Planner, appeared before the Commissioners to advise them that the Planning Commission and Agricultural Task Force had developed an Agricultural inventcry Mar urhirh wn,ild not only define, delineate, and designate the prime and productive agricultural land, but would also be a valuable resource to the public and to the County. Ms. Thompson said chat the main objeuLivee of producing the `` map were as follows: To aid the Agricultural Advisory Board in recommendation of it easement sales, to direct public agencies with decision on planning of new utility lines, roads and other development in rural-agricuitura.l areas, to assist in pro- moting agriculture as an important and viable industry, to delineate prime/pro- ductive agricultural land that in worthy of preservation efforts and to generate interest and demonstrate the importance of the Maryland Agricultural Preservation Program. The Planning officials also presented a draft guide and narrative for the Map, in addition to displaying the Map as proposed for printing. Motion made by Commissioner. Roulette, seconded by Downey to adopt. the Agriculture.l JUNE 12, 1984 MINUTES, CONT'D. I Land Inventory Map as an official County map and to proceed with having it printed Unanimously approved. At this time Commissioner Salvatore was excused from the Meeting. OPTION AGREEMENTS FOR SOUTH COUNTY PARK LAND Motion made by Commissioner Roulette, seconded by Downey to approve of the option agreement with Nick J. Salamone, Jr., for purchase of 9 acres at $4250 per acre, plus the donation of a 50' right-of-way for construction of an access road, and with Mervin W. Myers and Comodore E. Giffin for the purchase of 5 acres at $2500 per acre, plus the donation of an additional two (2) acres if the option is exercised, for land needed for the construction of a south county park, and to so advertise the Commis- sioners' intentions to acquire this property. Unanimously approved. RENEW AMBULANCE SERVICE CONTRACT Motion made by Commissioner Downey, seconded by Roulette to renew for a one-year period, the contract with County Medical Transport, Inc., for transportation of indigent mental. patients to area hospitals, at the following rates: $45.00 basic charge for the first 15 miles and $1.25 per mile thereafter; $15.00 per hour waiting fee; $20.00 per trip if third technician required. Unanimously approved. EXCUSE PERSONAL PROPERTY TAXES Motion made by Commissioner Downey, seconded by Roulette to excuse the following personal property taxes based on the opinion of the County Treasurer that they are uncollectable: R.G.W.G., Inc. for fiscal year 1982 in the amount of $581.35 and for fiscal year 1983 in the amount of $1,136.40; Econo-Crete Construction Co. for fiscal year 1982 in the amount of $1248, for fiscal year 1983 in the amount of $1,308.97 and for fiscal year 1984 in the amount of $2,617.92; Hagerstown Water Conditioning for fiscal. year 1983 in the amount of $1,681.45 and for fiscal year 1984 in the amount of $3,362.90; Lads & Dads Outfitters, Inc. for fiscal year 1983 in the amount of $348.81; Rouzerville Fabricating and Welding, Inc. for fiscal year 1982 in the amount of $246.24 and for fiscal year 1983 in the amount of $473.04. Unanimously approved. LINE ITEM TRANSFER - TOURISM DEPARTMENT Motion made by Commissioner Roulette, seconded by Downey to approve of a line item transfer in the Tourism Budget in the amount of $1850.00 from Printing (37-422-000) to Advertising (37-421-000). Unanimously approved. APPRAISAL SERVICES - BATTLETOWN ROAD BRIDGE AND EASTERN BOULEVARD Motion made by Commissioner Downey, seconded by Roulette to accept the recommendation of the County Engineer and select Kenneth Ritter at a fee of $190.00 and Richard Bowers at a fee of $345.00 to perform appraisals for the Battletown Road Bridge Project and select Richard Bowers to perform appraisals for the Eastern Boulevard Project at a fee of $2,885, with these fees being the low proposals submitted for the above projects. Unanimously approved. ADVANCE FUNDS TO SANITARY COMMISSION - MARTINS CROSSROADS WATER PROJECT Motion made by Commissioner Downey, seconded by Roulette to advance $4,590 to the Sanitary Commission for engineering services required to separate the Martins Cross- roadllater Project into two (2) projects, thereby enabling these projects to become eligible for two (2) separate state gra.its which would result in a reduction of the cost to the users of the water system. Unanimously approved. At this time Commissioner Martin L. Snook arrived at the Meeting. ORDINANCE RE JUNK & SALVAGE YARD SCREENING Motion made by Coss ones Salvatore, seconded by Snook instructing the County Attorney to proceed with the development of an Ordinance which would impose screening conditions on all junk and auto salvage yards in Washington County, with fencing required as the appropriate screening, and to proceed with initiating public hearing procedures for considering said Ordinance. Unanimously approved. At this time Commissioner Salvatore returned to the Meeting. TRANSFER OF C.I.F. FUNDS - COMPANY 28 l Ma it ue pse .-.,-y 28 Appe..re,! t,pfn-.p the Commis- sioners Michael Main, Chief or civil ueiense nevtii:uc ......,i....., ...., _� __-._-. to request the transfer of $7,000 in the C.T.P. Budget allocated towards refurbishing a small lighting unit, to the new Oil -Spill unit so it can be equipped for multi -use, including lighting. MOTION made by Commissioner Downey, seconded by Roulette to approve of the above request for transfer of $7,000 in Capital Improvements Projects funds. Unanimously approved, APPOINTMENTS TO HEALTH SYSTEMS AGENCY COVT-:RNTNC; BODY Motion made by Commissioner Roulette, seconded by Salvatore to reappoint Carole Malin and Je'.i Kaylor and appoint: Luther Phillips to serve as members of the Health Systems Agency ur three year terms to expire 8/3n/87. Unanimously approved. I u I JUNE 12, 1984 MINUTES, CONT'D. Ii I C Li CONSIDER NEED FOR HOUSING CODE After considering information supplied by the Office of Housing and Community Development regarding a County Housing Code, the Commissioners decided that it would be appropriate at this time to appoint a committee to evaluate the need before taking any action on this matter. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 10:45 a.m. in regard to personnel, property matters, and litigation pursuant to the authority contained in Article 76(A), Section 11(a) (6 & 7) of the Annotated Code of Maryland. Unanimously approved. Commissioner Snook was excused at this time for the remainder of the Meeting. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Roulette to reconvene in Regular Session at 12:10 p.m. Unanimously approved. ADVERTISE PART-TIME BUS DRIVER POSITION Motion made by Commissioner Roulette, seconded by Downey to advertise for a part -ti bus driver to fill an existing vacancy. Unanimously approved. EMPLOY INFORMATION CENTER SPECIALIST Motion made by Commissioner Roulette, seconded by Downay to employ Lisa Frye in the position of Tourist Information Center Specialist to fill an existing vacancy. Unanimously approved. EMPLOY PLANNER I Motion made by Commissioner Roulette, seconded by Downey to employ Timothy Lung in the position of Planner i to fill an existing vacancy. Unanimously approved. ADJOURNMENT Motion made by Co 1issioner Downey, seconded by Roulette to adjourn at 12:15 p.m. Una ously..app o d. Co y Attorney d____ - Clerk June 19, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full Assemblage. CHILDREN'S CCUNCIL •- ANNUAL REPORT nn Mae PeTrsen, Present, anW Rcba.L 1-11, president-elect, of the Washington County Children's Council, appeared before the Commissioners to submit the Counci]'i Annual Report for FY 1983-84. Also present was Ruth Llewelyn, membership chair- person. Ms. Pedersen read the Message from the President, in which was outlined the many projects with which the Council is involved and its future goals. The Commissioners expressed their appreciation to the Council members for a job well done. APPOINTMENT TO UTILITIES BOARD zrU o _ e uy �,Gs nuuatUua,� nvuitLLt, bCLUuut:u i,y 11U)J\ LU flppusnL nvuuIt iioininye1 to serve as an ex -officio non -voting member of the Hagerstown Utilities Board. Unanimously approved. RI L'POINTMP•,N'rS TO CHILDREN'S COUNCIL Motion made by Commissioner Salvatore, seconded by Roulette to reappoint Robert Hull. and appoint Rev. Lawrence Conway, Sandy Durtner, and Barbara Eardley to serve for three (3) year terms as members of the Washington County Children's Council. Unanimously approved. JUNE 19, 1984 MINUTES, CONT'D. MINUTES OF COUNTY COMMISSIONERS MEETING - MAY 29, 1984 Motion made by Commissioner Snook, seconded by Downey to approve of the Minutes of the County Commissioners Meeting of May 29, 1984, as submitted. Unanimously approvec RIG'IT-OF-WAY - GREEN LANE ROAD The Commissioners agreed to negotiate for right-of-way needed to relocate the inter- section at Green Lane Road in exchange for conveying the old road bed to the property owner, and to so advertise their intentions to exchange land. ADOPT FINAL RESOLUTION - FALLING SPRING CORPORATION Timmy Ruppersberger, Bond Counsel for Falling Spring Corporation, introduced the final Resolution,to be adopted pursuant to and in implementation of the Authorizing Resolution adopted on December 20, 1983, providing for the issuance by the County of its revenue bonds in the principal amount of $7,000,000, and for the lending of the proceeds of the sale to Falling Spring Corporation to finance the acquisitior. and construction of a Howard Johnson Motor Lodge at the intersection of Underpass Way and Halfway Boulevard in Washington County, Maryland. MOTION made by Commissioner Snook, seconded by Salvatore to adopt said final Resolu- tion. Unanimously approved. (Copy of Resolution attached.) At this time Commissioner Bowers was excused from the Meeting and Commissioner KOUlette esswueci Lim Chuii:. PROPOSAL FOR I-81 INFORMATION CENTER Bob O'Connor, Tourism Director, appeared before the Commissioners to present a study on the feasibility of placing a tourism information center at the intersection of Route 11 and I-81 near Williamsport. The report included an annual estimated cost of $28,152 and proposed sources of funding. MOTION made by Commissioner Salvatore, seconded by Snook to approve of the concept of the 1-81 tourism information center and authorizing the Director of Tourism to continue with further negotiations on the project. Unanimously approved. MONITORING AUTHORITY - I & A SYSTEMS The Commissioners instructed the County Administrator to provide the names of persons for appointment to a Monitoring Authority who would oversee and inspect innovative and alternative sewage disposal systems in subdivisions, in accordance with the provisions of the County's Sewage Disposal Ordinance. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Downey, to convene in Executive Session at 10:35 a.m. in regard to personnel, property and litigation, pursuant to the provisions of Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Salvatore to reconvene in Regular Session at 11:00 a.m. Unanimously approved. At this time Commissioner Bowers resumed the Chair. BID OPENING - TOMS ROAD BRIDGE Bids for the Tom's Road Bridge Project were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Building Systems, Ii. - $12;,950, Richard F 'cline, Inc. - $144,367.90, Bragunnier Masonry Contrac- tors - $196,000, Fayetteville Contractors - $144,500, C. William Hetzer, Inc. - $105,848, Wolfe Brothers, Inc. - $142,733. The bids will be reviewed by appropriate officials prior to a decision being rendered. RECONVENE IN EXECUTIVE SESSION W.otion made by Commissioner Roulette, seconded by Salvatore to reconvene in Executive Sessicn at 11:15 a.m. in regard to property matters, pursuant to the authority con- i taineu in Article 76(A), Section 11(a)(6 &7) of the Annotated Code of Maryland. Unanimously approved. RFrOWVRNE IN REGULAR SESSION Motion made by Commissioner. Roulette, seconded by Saivatore to reconvene in RGyul� Sessicn at 12:15 p.m. Unanimously approved. ADVERTISE CUSTODIAL POSITION MART IN LUTHER KINGCUNTER 'I Motion made by Commissioner Downey, seccnded by Saivatore to approve of advertising the position of Custodian/Watchman for the Martin Luther King Center, with this salary to be shared equally by the Board of Education, Child Development and the 1 County. Unanimously approved. I I L I I JUNE 19, 1984 MINUTES, CONT'D. e I6/12/84 I RESOLUTION. A Resolution adopted pursuant to and in implementation of a Resolution adopted on December 20, 1983 (the "Authorizing Resolution"), author- izing and providing for the issuance by the County of its revenue bonds in the principal amount of $7,000,000, designated "Washington County, Maryland, Economic Development Revenue Bonds (Falling Spring Corp. Project) 1984 Series", such Bonds being authorized pursuant to the provisions of §§266A through 266-I of Article 41 of the Annotated Code of Maryland as amended; authorizing the private (negotiated) sale of such Bonds, the execution, delivery and performance by the County of the Assignment and Security Agreement herein- after referred to, and the lending by the County of the proceeds of such sale to Falling Spring Corp. for the purposes set forth in such Resolution; providing that such Bonds shall be payable solely from the revenues hereinafter described and that such Bonds shall not constitute an indebtedness of the County or a charge against the general credit or taxing powers of the County within the meaning of any constitutional provision or any provision of the County law or statutory limitation and shall never constitute or give rise to any pecuniary liability of the County, other than to pay the same from such Revenues; prescribing the terms, condi- tions, security, form and tenor of such Bonds, including the maturity, interest rates and prepay- ment provisions of such Bonds; providing for the forms of Assignment and Security Agreement, Loan Agreement, Deed of Trust, Guaranty Agreement, Note, Company Guaranty and Collateral Mortgage and Security Agreement, all as hereinafter referred to, and authorizing and directing the execution and de- livery thereof (or acknowledgement, if required, in the case of the Deed of Trust, the Note, and the Guaranty Agreement); appointing a Trustee and Bond Registrar for such Bonds under this Resolution; creating a construction fund to be held by such Trustee and generally providing for and determining various matters in connection with the authori- zation, issuance, security, sale and payment of such Bonds. RECITALS By the Authorizing Resolution, the County made certain legislative findings, among others, concerning the public benefit and purpose of issuing the Bonds; authorized the issuance thereof in an aggregate principal amount not to exceed $7,000,000 for the purposes set forth in the Authorizing Resolution; made certain determinations with respect to certain of the provisions of the Bonds; authorized the private (negotiated) sale of the Bonds; proiii - vided that certain matters pertaining thereto be determined administratively at or prior to the time of such sale by resolu- tion of the County; provided that the County may determine admini- stratively by resolution or by other appropriate action all other matters pertaining to the issuance, sale and delivery of the Bonds; and generally provided for and determined various matters in connection with the authorization, issuance, sale, security and payment of the Bonds. The County desires to authorize the issuance of the Bonds as provided in the Authorizing Resolution and, by this Resolution, to provide for the sale thereof and the lending of the proceeds thereof and to prescribe the terms, conditions, security, form and tenor thereof, all as provided in the Authorizing Resolution. SECTION 1. BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS OF WASHINGTON COUNTY, that the findings and detenminations made by the County inn the Authorizing Resolution are hereby reaffirmed in all respects. SECTION 2. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY - COMMISSIONERS OF WASHINGTON COUNTY, that the issuance, sale aii e - aver— $7,000,000 aggregate principal amount of revenue bonds of the County, to be issued as three bonds designated "Washington County, Maryland, Economic Development Revenue Bonds _ (Falling Spring Corp. Project) 1984 Series A" in the principal amount of $3,000,000 (the "Series A Bond"), "1984 Series B" in the principal amount of $3,000,000 (the "Series B Bond") and "1984 Series C" in the principal amount of $1,000,000 (the "Series C Bond"). The Series A Bond, the Series B Bond and the Series C Bond (collectively, the "Bonds") are hereby authorized as provided in this Resolution. SECTION 3. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, that the Bonds shall e data as of the date of €ETr delivery to the Purchasers (as hereinafter defined). The Bonds shall be initially issued as fully registered bonds without coupons and shall be payable in installments, the __- final installments of which will mature, subject to prior redemp- tion as provided in the Bonds and the Assignment (as hereinafter defined), on , if not sooner paid in accordance with the terms of the Bonds.___ The Bonds shall bear interest at the rates set forth in the Bonds attached hereto as Exhibits A, B and C in the manner determined therein. Interest on the Bonds shall be payable in the manner and at the time and places specified in the Bonds. The Bonds shall be secured and shall be subject to redemption as provided in the Assignment (hereinafter defined), dud shall l: ulltaill th Liu -'s aid condition of, and be in o bot.:n-- tially the form of, the forms of bond attached hereto as Exhibits i A, B and C which form hereby is adopted as the form, tenor and substance of the Bonds. The Bonds may be printed or typewritten. -2- SECTION 4. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY !� COMMISSIONERS OF WASHINGTON COUNTY, that the Series A Bond, the Series B Bond and the Series C Bond shall be sold to Farmers First Bank, a Pennsylvania banking corporation ("Farmers"), First Eastern Bank, N.A., a national banking association ("Eastern") and Citizens National Bank of Greencastle, a national banking associa- tion ("Citizens"), respectively (Farmers, Eastern and Citizens collectively, the "Purchasers"), by private (negotiated) sale. !� SECTION 5. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY -_ COMMISSIONERS OF WASHINGTON COUNTY, that the proceeds of t e Bon s will be loaned (the "Loan") by the County to Falling Spring Corp., a Pennsylvania corporation (the "Borrower"), pursuant to the terms and provisions of a Loan Agreement between the County and the Borrower (the "Loan Agreement") to be dated as of the date of delivery of the Bonds to the Purchasers, to be used by the Borrower solely for the purpose of financing the costs incurred in connection with the acquisition of the Facility described in the Authorizing Resolution, including paying the necessary expenses of preparing, printing and selling the Bonds and paying other costs permitted by the Act. As evidence of and security for the Loan, the Borrower will execute and deliver to the County a Promissory Note in the principal amount of $7,000,000 (the "Note") and a Deed of Trust, Assignment of Rents and Security Agreement (the "Deed of Trust") to certain individual trustees to be designated by the Purchasers, which Deed of Trust will convey in trust the Facility together with improvements appurtenant thereto as described therein, and J. Edward Beck and John L. Grove (the Guarantors") will execute and deliver to the County and the Purchasers, an = agreement guaranteeing among other things partial payment of amounts to become due under the Loan Agreement (the "Guaranty Agreement"), each of such instruments to be dated as of the date of delivery of the Bonds. As additional security, the Borrower will execute and deliver to the Purchasers a Company Guaranty (the "Company Guaranty") which will be secured by a Collateral Mortgage and Security Agreement between the Borrower and the Purchasers (the "Collateral Mortgage and Security Agreement") each of such instruments to be dated as of the date of delivery of the Bonds. SECTION 6. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, t at the County here y esta - ie es a fun to a esignate the Washington County, Maryland Economic Development Revenue Bond Construction Fund (Falling Spring Corp. Project) (the "Construction Fund") to which Construc- tion Fund the proceeds to be derived from the sale of the Bonds shall be credited. The Construction Fund is to be held and administered by the trustee (the "Trustee"), hereinafter desig- nated from the date of delivery of the Bonds until the Completion Date provided for in the Loan Agreement. Amounts credited to the Construction Fund are to be received, invested and disbursed as provided in the Loan Agreement. All monies held or required to be held in the Construction Fund shall be held in trust to achieve the purposes intended under the Authorizing Resolution and this =_ Resolution, provided that such funds, upon deposit and subject to -3- the foregoing limitation, shall be deemed to be funds of the Borrower except to the extent limited by the Loan Agreement. The County hereby appoints Farmers First Bank, a Pennsylvania banking corporation, in its separate trustee capacity, as the Trustee. SECTION 7. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, that to secure payments due on the Bonds, the County shall enter into an Assignment and Security Agreement to be dated as of the date of delivery of the Bonds (the "Assignment") with the Purchasers, pursuant to which the County shall assign and pledge to the Purchasers, and grant to the Pur- chasers a security interest in (among other things): (a) all of the County's right, title and interest in and to, and remedies under, the Loan Agreement, including (without limitation) any and all collateral referred to therein, excepting only the right of the County to indemnification by the Borrower and to payments to the County for expenses incurred by the County itself, (b) the revenues of the County from the Loan (the "Revenues" as defined in the Loan Agreement), (c) certain monies which are at any time or from time to time on deposit in the Construction Fund, (d) the Note and all of. the County's right, title and interest in and to, and remedies under the Note and the Deed of Trust, and (e) all the County's right, title and interest in and to, and remedies with respect to any and all, other property of every description and nature from time to time by delivery or by writing of any kind conveyed, pledged, assigned or transferred to the Purchasers as and for additional security for such Bonds by the County, or by anyone on its behalf or with its written consent. NEITHER THE BONDS, NOR THE INTEREST THEREON, NOR THE REDEMP- TION PREMIUM, IF ANY, SHALL EVER CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION OR SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF THE COUNTY. THE PRINCIPAL OF, THE INTEREST ON AND THE REDEMPTION PREMIUM, IF ANY, ON THE BONDS SHALL BE PAYABLE SOLELY FROM THE REVENUES. SECTION 8. BE IT FURTHER RESOLVED BY HE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, that the bean Agreement, me Note, the Deed o1 Trust, the Guaranty Agreement, the Assignment, the Company Guaranty and the Collateral Mortgage and Security Agreement (collectively the "Documents") shall be in substantially the forms presented to the Board of County Commissioners, as evidenced by a copy of each of the Documents certified by the Clerk to the Board of County Commissioners and filed among the permanent records of the Board of County Commissioners. The terms and provisions of each of the Documents so presented to the Board of County Commissioners are hereby adopted and approved. Any capitalized term not dPfin Pd in t.hir, RPgn1iitinn rha11- have the mean:.ng set forth in the Loan Agreement. SECTION 9. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, that the Presi dent of the Board of County Commissioners or the Vice President, are author- - -4- ized to execute, seal, and deliver, on behalf of the County, the Bonds, the Loan Agreement and the Assignment, which shall be in substantially the form submitted to the Board of County Commis- sioners, Lad to execute, seal, deliver and cause to he filed in — the appropriate places, on behalf of the County and with respect to the Bonds and Loan authorized herein, each of the following documents (which documents shall be in such form as may be approved by said officer which approval shall be conclusively evidenced by her/his execution thereof): (a) Two -Party Financing Statements giving notice of and per- i— fecting the security interest to be granted by the County to the Purchasers pursuant to the Assignment; and (b) Three -Party Financing Statements giving notice of and perfecting the security interest to be granted by the Borrower to the County pursuant to the Loan Agreement, the Note, and the Deed of Trust and assigned by the County to the Purchasers pursuant to the Assignment. L SECTION 10. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, that the President of e Board of County Commissioners of the County or the Vice President hereby are authorized, prior to execution and delivery of the Bonds and the Documents, to make such changes or modifications in the form of the Bonds and the Documents as may be required or deemed appropriate by her/him in order to accomplish the purposes of the transactions authorized by the Authorizing Resolution and this Resolution; provided that such changes shall be within the scope of the transactions authorized by the Act, the Authorizing Resolution and this Resolution; and the execution of the Bonds, the Loan Agreement, the Assignment, the Two -Party Financing Statements and the Three -Party Financing Statements as provided in Section 9 of this Resolution shall be conclusive evidence of the approval by said officer of all changes or modifications in the forms of the Bonds and the Documents and of the due execution, on -- behalf of the County, of the Bonds, the Loan Agreement, the Assignment, the Two -Party Financing Statements, and the Three- Party Financing Statements, which thereupon shall become binding upon the County in accordance with their respective terms, as authorized by the Act, the Authorizing Resolution and this Resolution. SECTION 11. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, that the t e Boa —rte oCounty Commissior.iers, or the Vice President, and all other officials of the County, hereby are authorized to do any and all things, execute all instruments, supporting documents and certificates, and otherwise take any and all actions necessary, proper Or expedient in connection with the io uanCe, r'ala an a — delivery of the Bonds and the making of the Loan. -5- j ip II�I� SECTION 12. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, that the County hereby appoints Farmers as Bond Registrar for the Bonds. Since, pursuant to the terms and provisions of the Assignment, all security for the Bonds will be assigned to the Purchasers and all payments of principal of, premium, if any, and interest on the Bonds will be made directly to Farmers on behalf of Eastern and Citizens (or to such other person as may be designated by such Purchasers), there will be no paying agent for the Bonds. SECTION 13. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, that it is an express condi- tion of the County s participation in the issuance of the Bonds and the making of the Loan that the Borrower shall pay directly all costs, fees and expenses incurred by or on behalf of the County in connection with the authorization, issuance, sale and delivery of the Bonds and the making of the. Loan, including, without limitation, costs of printing (if required), selling and issuing the Bonds, all legal expenses (including the fees of coun- sel to the County, Bond Counsel and Purchasers' counsel) and compensation to any person (other than full-time employees of the County) performing services by or on behalf of the County in con- nection therewith, insofar as such costs, fees and expenses are not paid fr.)m the proceeds of the Bonds, and that the Borrower shall provide or cause to be provided all such certifications as shall be required by law (as interpreted and applied by Bond Coun- sel) applicable to industrial development revenue bonds of a political subdivision the interest on which is exempt from federal income taxation under §103 of the Internal Revenue Code of 1954, as amended. SECTION 14. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY' COMMISSIONERS OF WASHINGTON COUNTY, that because Farmers has agree to act of behalf of the Purchasers as provided in the Assignment, a trustee will be unnecessary after the Completion Date. It is, therefore, desirable to issue, sell and deliver the Bonds without a Trust Agreement. The requirements for the administration of the Construction Fund as a trust fund shall be incorporated in the Loan Agreement and the Assignment. SECTION 15. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, that this Resolution may not e amended, supplemented or otherwise modified, nor may any provision or condition of this Resolution be waived, without the written consent of the holders of the Bonds. Any supplemental resolution adopted in accordance with the provisions of this Section shall thereafter form a part of this Resolution and all the terms and conditions contained in any such supplemental resolution as to any provision authorized to be contained therein shall be and shall be deemed to h< port of the l.cx.ma andcondi- tions of this Resolution for any and all such purposes. Anything herein to the contrary notwithstanding, any supplemental resolu- tion under this Section which directly or indirectly affects any obligations, rights, powers or authority of the Borrower under the -6- Loan Agreement, the Note, the Deed of Trust, the Assignment or any other Documents, or the Guarantors under the Guaranty Agree- ment, or requires a revision of any of them, shall not become effective unless and until the Borrower (or the Guarantors with respect to the Guaranty Agreement) shall have consented to such supplemental resolution. SECTION 16. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, that in case any one or more of e provisions contained in this Resolution should be invalid, illegal or unenforceable in any respect, the remaining provisions contained herein shall be construed so as to give practical realization to the benefits intended to be afforded to the holders of the Bonds and to give effect to the intention of the Act that the County shall incur no pecuniary liability or charge upon its taxing powers by virtue of this Resolution, the Loan Agreement, Note, the Deed of Trust, the Assignment, any other Documents and the Bonds. SECTION 17. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, that this Reso1utTiiiTiiIT to e effect on this ay o 1984. ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: at ryn ort Rona. L. o s Clerk President, Board of County Commissioners of Washington County I(JUNE 19, 1984 I MINUTES, CONT'D. APPROPRIATE ADDITIONAL FUNDS FOR CHECK IMPRINTER Motion made by Commissioner Downey, seconded by Roulette to appropriate $1100 from Operating Contingency, in addition to $800 currently in the Court House Budget, to purchase a check imprinter machine on an emergency basis. Unanimously approved. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Snook to adjourn at 12:30 p.m. Unanimously oved. IJ/& Co my Attorney Clerk June 26, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROPOSAL FOR PRISON WORK CREW Warden Marlin Bachtell of the Maryland Correctional Training Center, along with other prison officials, appeared before the Commissioners to propose a plan for the county to use state prison work crews. Mr. Bachtell explained that there would be no coat to the county, with the exception of providing the necessary tools and supplies needed to do the work. The Commissioners generally agreed to the concept of the plan and instructed the County Attorney to review the proposed agreement prior to making a formal decision. APPOINTMENT TO CITY UTILITIES BOARD Mction made by Commissioner Downey, seconded by Roulette to appoint Earl Wolfe to serve as a member of the city of Hagerstown's Utilities Board. Unanimously approved APPOINTMENT TO M.M.E.M.S.A.C. Motion made by Commissioner Downey, seconded by Roulette to appoint Roderick McRao to serve as a member of the Mid -Maryland Emergency Medical Services Advisory Council. Unanimously approved. MONITORING AUTHORITY FOR I. & A. SEWERAGE SYSTEM Motion made by Commissioner Roulette, seconded by Downey to appoint James Rooney, Jack Hawbaker and Ted Schlotterbeck to serve as the monitoring authority for the innovative/alternative sewerage disposal system proposed for installation in the Potomac Vistas Subdivision. Unanimously approved. REQUEST TO PARTICIPATE IN DAD PROGRAM In response to a request from downtown city merchants for the county to participate in the Downtown Assessment District (DAD) tax program, the Commissioners decided to j p.Gn Lponi,a uotil the ty Attorncy crminor whether or not thu, oran legally participate with a contribution of $1400.00. ADVANCE TO SANITARY _COMMISSION FOR HIGHFIELD EASEMENTS Motion made by Commissioner -Downey seconded by Rulette to approve of advancing the Sanitary Commission $20,000 for acquisition of easements needed for the Highfield Water System, and to charge the current rate of interest on the loan if interest is eligible for repayment under the Farmers Home Administration Grant. �I Unanimously approved. INCLUDE CASA UNDER COUNTY'S WORKERS COMPENSATION PLAN Il `•,.,.ion_ A b.. Co^mieni^^A:: D,,1 In.v to approve of the inci.usiort ofWCASA employees under the County's Workers Compensation Insurance. Unanimously approved. "ON BEHALF OF" BOND ISSUE Motion made by Commissioner. Downey, seconded by Roulette to aqree to participate in: the "On Behalf Of" State Bond Issue for Si.ncl.e Family Housing, with a share of at least $1.1 million in funds. Unanimously approved. JUNE 26, 1984 MINUTES, CONT'D. OPTION TO PURCHASE LAND NEAR WILSON BRIDGE oM t oonn made by Commissioner Downey, seconded by Snook to enter into an Option Agree- ment with Martin Van Buren Bostetter, Jr., to purchase approximately .87 acre of land for the sum of $2,000 for use as a mini -park adjacent to the restored Wilson Bridge and to use Program Open Space funds for this acquisition if it is an eligible project. Unanimously approved. REIMBURSE HUMAN DEVELOPMENT COUNCIL FOR REPAIR COSTS Motion made by Commissioner Roulette, seconded y Downey to reimburse the Human Devel opment Council $650.00 for the costs of repairing the plumbing and boiler at the former Surrey School. Unanimously approved. LINE ITEM TRANSFER - RECREATION COMMISSION Motion made by Commissioner Route, seconded by Snook to approve of a Line Item Transfer of $1,000 in the Recreation Commission Budget from Salaries to Recreation Programs which will he reimbursed from fees paid by participants, and a new line item of $6,000 in the FY 1984/85 Budget for Special Events which will also be totally reimbursed. Unanimously approved. At this time Commissioner John R. Salvatore arrived at the Meeting. CONVENE IN EXECUTIVE SESSION Motion made by Comm sa onei Downey, seconded by Roulette to convene in Executive Session at 10:25 a.m. in regard to personnel and property matters and current litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7, of the Annotated Code of Maryland, and to record official action taken, with the Record to remain closed until its disclosure is authorized by the Board. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Downey to reconvene in Regular Session at 11:00 a.m. Unanimously approved. PUBLIC HEARING - LONDONTOWNE INDUSTRIAL REVENUE BOND ISSUE The President convened the Meeting in Public Hearing at 11:00 a.m. to consider approval of the issuance of industrial development bonds in the amount of not more than $.9 million for the financing of a residential multifamily project to be known as Londontowne Apartments, Phase II. Daniel Sheedy, developer/owner, explained that the project contained approximately 32 units located at Abbey Lane, 100 yards north of the intersection with Queen Anne's Court, just east of the city limits of Hagers- town. He said that the bond program was the only viable alternative for financing. At this time the President opened the Hearing for those in attendance to present relevant testimony. No one testified in favor of the project. Five (5) area residents spoke in opposition, expressing their concerns over the number of vacant apartments that currently exist, the impact of these rental units on the lifestyle of the townhouse owners, the devaluation of surrounding properties, increased traffic and parking, and the negative effect on Funkstown Elementary School enrollment. After. Mr. Sheedy was given the opportunity to respond to the points raised in opposition to the project, Austin P. Frum, Bond Counsel, explained the financing aspects of the bond issue, stating that it was a private placement and not a general obligation of the County, and that it was a sound venture, with the Mercantile Bank and Trust Company having agreed to make the loan. •rho President announced that the Record would be held open for ten (10) days for additional comments to be submitted in writing. He closed the Hearing at 11:55 a.m. and reconvened the Meeting in Regular Session. CONVEY PROPERTY_ TO ADJOINING PROPERTY OWNERS - FOUNTAIN HEAD HEIGHTS There having been no comments received in regard to the duly advertised Notice of the County's Intention to Convey all its right, title and interest to an eighteen (18') foot dedicated right-of-way in Fountain Head Heights to Arthur and Marianne Schneider, adjoining property owners, a MOTION was made by Commissioner Salvatore, sec,opnded by Downey and unanimously approved to proceed with this conveyance. (7b�Yinn rescinded September 4, 1984.) ADJOURNMENT Motion made by Commissioner Downey, seconded by Roulette to adjourn at 12:00 noon. Unanimously approved. C ty Att me �A Clerk I July 3, 1984 Hagerstown, Maryland 21740 I 1 I Li The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full Assemblage. ENGINEERING DEPARTMENT STATUS REPORT Glenn Dull, County Engineer, appeared before the Commissioners to submit a report on engineering projects. He reported that Hanging Rock Road Bridge was completed and open to the public, Millers Church Road Bridge was completed and ready for final inspection, Eastern Boulevard design will be completed and ready for advertising by the end of the year, with phase I scheduled to start next spring, 70/81 Industrial Park Project is moving along slowly and will require 5,000 more yards of fill than estimated. Mr. Dull also said that the low bid for Tom's Road Bridge was in order and that there would be $82,000 in savings from bridge projects over the amount budgeted in the C.I.P. budget if the Commissioners approved of his alternate recom- mendation for the Valley Road at Israel Creek bridge and accelerating Garretts Mill design to FY 1985. ALTERNATE SCHEME FOR VALLEY ROAD/GARRETTS MILL ROAD BRIDGES OVER ISRAEL CREEK Motion made by Commissioner Salvatore, seconded by Roulette to accept the recom- mendation of the County Engineer and adopt the Alternate Scheme for the Valley Road Bridge Project at an estimated cost of $148,000 and allocate the necessary funds in PY 1985 for the design required to replace the Garretts Mill bridge with a new two lane structure. Unanimously approved. AWARD BID - TOMS ROAD BRIDGE PROJECT Motion made by Commissioner Downey, seconded by Snook to award the contract for the Toms Road Bridge Project to C. William Hetzer, Inc., who submitted the low bid of $105,848, with funds for this project to be appropriated from the savings of $82,000 on the Valley Road and Hanging Rock Road Bridge projects and balance of $23,848 from Capital Contingency. Motion carried with Commissioners Downey, Snook, Bowers and Salvatore voting "AYE" and Commissioner Roulette "ABSTAINING". PROPOSAL FOR SURREY SCHOOL PROPERTY Horace W. Murphy, President of the Washington County Hospital, along with members of the hospital board, appeared before the Commissioners to submit a proposal for the future use of the former Surrey School. Mr. Murphy, acting as spokesperson, said that the hospital wished to acquire the property to provide for a child development center to meet the needs of hospital employees, for adult community education a^.tivities and as an in -town campus for the Hagerstown Junior College. He also said that conditions of acceptance included, 1) a good and marketable title, 2) satisfactory warranty that the roof is in good condition, 3) no restrictive covenants in title, 4) no consideration, and 5) zoning approval for the intended use of the property. In answer to the Commissioners' inquiries, Mr. Murphy stated that title with a reverter clause would be totally unacceptable. The Commissioners took the matter under advisement at this time. MOSQUITO CONTROL WORK - WRIGHT ROAD PUMPING STATION Motion made by Commissioner. Downey, seconded by Salvatore to approve of temporary mosquito control work to be performed by the Maryland Department of Agriculture for the Washington County Sanitary District at the Wright Road Pumping Station, at no cost to the county. Ufldz&iiiiOiia.y approvod. APPOINTMENT TO ECONOMIC DEVELOPMENT COMMISSION Mot1Ziflde by Commissioner Salvatore, seconded by Downey to appoint John P. Healey to serve as a member of the Economic Development Commission for a three-year term in the General Business category. Unanimously approved. MARYLAND INVESTMENT POOL Mark McLeod and Scott Turner, officials with Mercantile --Safe Deposit and Trust Company, appeared before the Commissioners to inform them that Mercantile had been selected by the state treasurer's office to administer the Maryland Investment Pool and to give a e�= :.-.--.ton On ithis inrrnatm,a»t alternative being offered to aiiuei rs.-..-�.. �-- local governments. They stated that an organization like Mercantile, which invests hundreds of millions of dollars each day, has the opportunity to get higher returns at considerably less risk. The Commissioners took the matter under advisement at this time. JULY 3, 1984 MINUTES, CONT'D. PUBLIC HEARING - OAK HILL PROFESSIONAL CENTER BOND ISSUE The President convened the Meeting in Public Hearing at 11:00 a.m. to permit resident of Washington County to appear and testify concerning the proposed issuance and sale of Economic Development Revenue Bonds in an amount not to exceed $1,850,000 for the purpose of financing the renovation and construction of an office facility located at 1610 Oak Hill Avenue, Hagerstown, Maryland. Timmy Ruppersberger, bond counsel attorney, introduced an authorizing Resolution and Letter of Intent for the Commis- sioners consideration. Dr. Gerald Falk commented on the project. There being no one else present to speak for nor against the project, the President announced that the Record would remain open for seven (7) days prior to a decision being rendered. He closed the Hearing at 11:35 a.m. and reconvened the Meeting in Regular Session. At this time Commissioner Snook was excused from the Meeting. REZONING CASES RZ-282 THROUGH RZ-288 err ue con i et at of all the matters and facts adduced at the Public Hearing held on June 11, 1984, the comments received in writing within the ten (10) day period following said Hearing, and the findings of fact established in the Planning Commission staff reports, the following decisions were rendered. REZONING CASE 282 Motion made by Commissioner Salvatore, seconded by Roulette to APPROVE of the appli- cation of the Washington County Planning Commission to add Section 23.1(e) to the Zoning Ordinance, as follows: SINGLE-FAMILY RETIREMENT HOMES IN NURSING HOME OR RETIREMENT HOME COMPLEXES MAY BE LOCATED ON LOTS SMALLER THAN OTHERWISE REQUIRED BY THE APPLICABLE SECTION OF THIS ORDINANCE. THE TOTAL NUMBER OF LOTS AND DWELLING UNITS SHALL BE CONSISTENT WITH THE PROVISIONS OF SECTION 22.81 FOR CLUSTERING EXCEPT THAT THE LOTS NEED NOT BE SUBDIVIDED: and to adopt the findings of fact of the Planning Commission in this Case as the findings of fact of this Board. Unanimously approved. REZONING CASE 283 Motion made by Commissioner Roulette, seconded by Salvatore to APPROVE of the appli- cation of Gregory B. Delauter for the reclassification of land located at the South side of Maryland Route 81, approximately 260' East of Gardner Road, consisting of approximately 25,000 sq. ft. from RR (Rural Residential) to HL (Business Local), and to adopt the findings of fact of the Planning Commission in this Case as the findings of fact of this Board. Unanimously approved. REZONING CASE 284 Motion made by Commissioner Roulette, seconded by Salvatore to APPROVE of the appli- cation of Fred Papa, Director of Planning, Fox & Associates, Inc. for the reclas- sification of land located at the north side of U. S. Route 40 near its crossing at the Conococheague Creek, consisting of five (5) parcels containing 55.74 acres from C fConservation) to BG (Business General) and to adopt the findings of fact of the Planning Commission in this Case as the findings of fact of this Board. Unani- mously approved. REZONING CASE 285 Motion made by Commissioner Salvatore, seconded by Roulette to APPROVE of the appli- cation of Kirk E. Davis for the reclassification of land located at the Plantation Motel property along Maryland Route 615 east of Hancock, consisting of 5.19 acres from C (Conservation) to BG (Business General) and to adopt the findings of fact of tha Planning Commission in this Case as the findinrra of fArt of this Board. llnani- mously approved. REZONINC CASE 286 Motion made by Commissioner Downey, seconded by Roulette to APPROVE of the applica- tion of J. C. Burrey/Architect, for, the reclassification of land located at Pangborn Boulevard, Hagerstown, Maryland, consisting of 5.8 acres i.n Washington County from RM (Residential Multi -family) to IG (Industrial General) and to adopt the findings of fact: of the Planning Commission in this Case as the findings of fact of this Board. Unanimously approved. oPrr5NTmr CASs 287 Motion made by Commissioner. Roulette to APPROVE of the application of Richard E. Shank for the reclassification of land located at the southeast side of Maryland Route 60, approximately 1,000 feet east of Longmeadow Road, consisting of approxi- mately 4.27 acres from BL (Business Local) to HG (Business General) with the conditions that there be no bowling alloys, skating rinks, or truck terminals. Motion died for lack of a second (RZ 287 continued below). At this time Commissioner Snook returned to the Meeting. I I ii: IfJULY 3, 1984 MINUTES, CONT'D. REZONING CASE 288 Motion made by Commissioner Roulette, seconded by Salvatore to APPROVE of the application of the Washington County Planning Commission to add the following new wording to Section 28.01 of the Zoning Ordinance: ACCESSORY USE OR STRUCTURE: A USE OR STRUCTURE ON THE SAME PREMISES WITH, AND OF A NATURE CUSTOMARILY INCIDENTAL AND SUBORDINATE TO, THE PRINCIPAL USE OR STRUCTURE; and to adopt the findings of fact of the Planning Commission in this Case as the findings of fact of this Board. Motion carried with Commissioners Roulette, Salvatore, Bowers and Downey voting "AYE' and Commissioner Snook "ABSTAINING". REZONING CASE 287, cont'd. Motion made by Commissioner Salvatore to DENY the application of Richard E. Shank for the reclassification of land located at the southeast side of Maryland Route 60, approximately 1,000 feet east of Longmeadow Road, consisting of approximately 4.27 acres from BL (Business Local) to BG (Business General). Motion died for lack of a second. Motion made by Commissioner Roulette to remand Rezoning Case 287 back to the Planning Commission for scheduling of a joint Public Hearing to consider this case with conditional rezoning. Motion died for lack of a second. Motion made by Commissioner Snook, seconded by Roulette to Table any further action on Rezoning Case 287 until next week's Meeting. Motion carried with Commissioners Snook, Roulette, Bowers and Salvatore voting "AYE" and Commissioner Downey "ABSTAINING". DOWNTOWN ASSESSMENT DISTRICT The County Attorney informed the Commissioners that they could not legally contribut to the Downtown Assessment District during the current fiscal year since procedures II for being added to the County's contribution list had not been followed. MINUTES OF COUNTY COMMISSIONERS MEETINGS Motion made by Commissioner Downey, seconded by Salvatore to approve of the Minutes of the County Commissioners' Meetings for June 5, 11, 12, and 19, 1984, as submitted Unanimously approved. ADMINISTRATIVE CHANGES TO STREET ACCEPTANCE POLICY Motion made by Commissioner Roulette, seconded by Snook to approve of the following administrative changes to the County's Street Acceptance Policy: 1. If all work appears to be satisfactory, the Engineering Department will recommend to the Board of County Commissioners that the streets be conditionally accepted into the County system. Such recommendation will be made in writing within TEN (10) WORKING DAYS from the date of final inspection. If the work is not acceptable, the Engineering Department will notify the developer in writing within TEN (10) WORKING DAYS of the reasons therefor. 2. If the deeds and surety are delivered within FORTY-FIVE (45) DAYS from the date of conditional approval, and are acceptable, the one-year guar- antee will begin on the date of the final inspection. If the deeds and surety are delivered over forty-five days from the date of conditional approval, the one-year guarantee begins on the date on which such deeds and surety are accepted by the County Commissioners. 3. The County will make a determination on the acceptability of the deeds and surety within TEN (10) WORKING DAYS of receipt of same. Unanimousl approved. POLICE PROTECTION AGREEMENT WITH TOWN OF WILLIAMSPORT Motion made by Commissioner Salvatore, seconded by Roulette to approve of the Agree- ment between the Town of Williamsport, the Board of County Commissioners and the Washington County Sheriff's Department, as proposed this date, for providing police protection for the town of Williamsport, and to submit the Agreement to Williamsport town officials for approval. Unanimously approved. INCLUDE SPCA EMPLOYEES IN HEALTH INSURANCE PROGRAM Motion made by Commissioner Salvatore, seconded by Roulette to approve of including) employees of the Washington County Society for the Prevention of Cruelty to Animals under the County's Health Insurance Program, with the Society being responsible for it payment of 100% of the insurance premiums. Unanimously approved. CONVENE IN EXECUTIVE SESSION_ Motion made by Commissioner Salvatore, seconded by Roulette to convene in executive ® II Session at 12:50 p.m. in regard to personnel and litigation, pursuant to the authority contained in Article 76(A), Section il(a)(6& 7) of the Annotated Code of 1 Maryland. Unanimously approved. IJULY 3, 1984 MINUTES, CONT'D. RECONVENE IN REGULAR SESSION Moto' on madebyCommissioner Roulette, seconded by Salvatore to reconvene in Regular Session at 1:20 p.m. Unanimously approved. AGREEMENT RE USE OF M.C.I. INMATES ON COUNTY PROJECTS Motion made by Commissioner Roulette, seconded by Snook to approve of the Agreement as prepared and read this date by the County Attorney, for use of M.C.I. work crews on county projects, and to submit the agreement to the appropriate state officials for approval. Unanimously approved. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Snook to adjourn at 1:30 p.m. Unani- mously approved. July 10, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore, and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE Kj Invocation was delivered by Commissioner Downey followed by the Pledge of to the Flag by the full Assemblage. PROCLAMATION - WASHINGTON COUNTY DAY IN MEMORIAL STADIUM t on ma a by Comm sszoner Salvatore, ieced by Roulette to Proclaim Tuesday, August 14, 1984, as Washington County Day in Memorial Stadium and call upon the people of Washington County to support the day with the appropriate activities. Unanimously approved. Commissioner Bowers read the Proclamation and presented a copy to "Uncle" Bob Nolan, representative of the Vic Miller Travel Agency which organized the event. COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS Annette vanHfii, Director o Rousing and Community Development, appeared before the Commissioners to submit proposed projects for application to HUD for CDBG funding. She stated that all projects were single purpose and therefore a maximum of $500,000 could be requested. She also itemized the projects, as follows: Community Action Council Emergency Shelter, Funkstown Water System Improvements, Septic System Repair. and Replacement Program. Sharpsburg/Keedysville Sewer System, Domestic Work Camp, and Youth Employment Opportunity. In answer to the Commissioners inquiries, Ms. vanHilst stated that Funkstown could apply on its own behalf for CDBG funding, and that the Sharpsburg/Keedysville Sewer, System Project would directly address community development needs and would therefore have d vii geed Chance of rrmininct Anoroval as a County project. The Commissioners took the matter under advisement at t�iis time (Decision rendered later during Morning Session.) SOUTH COUNTY PARK PROPOSAL Robert Hogan, temporary cKiainnan of the Chestnut Grove Community Coalition, acted as spokesperson to present the group's views on the selection of the Chestnut Grove site and to repeat the request that it be dropped from the list of sites under considerati< for the development of a south county park. He also requested that a 90 -day moratoria be imposed onarry development of the Mt. Briar Wetlands Reserve. Di]] Stechoviak, Parks Planner, explained the process used in selecting the Chestnut Grove site, and Russ Keener, Chairman of cite Pak, D;,a.d, ~d that nt,na to develop a park in the southern part of the county were the result of citizen requests. The Commrissioners informed the Coalition members that a Public Hearing would be held prior to a final decision being rendered. At this time Commissioner Salvatore was excused from the Meeting. fl fl I S I IIJULY 10, 1984 MINUTES, CONT'D. RESOLUTION - OAK HILL PROFESSIONAL CENTER PARTNERSHIP BOND ISSUE After due consideration of all the matters and facts adduced at the Public Hearing held on July 3, 1984, a MOTION was made by Commissioner Downey, seconded by Snook and adopted with Commissioner Bowers voting "AYE", Commissioner Roulette "ABSTAINING" and Commissioner Salvatore "ABSENT", to adopt a Resolution authorizing and empowering the County Commissioners of Washington County to issue, sell and deliver, at any time or from time to time, its revenue bonds in a principal amount not to exceed $1,850,000, in order to loan the proceeds to Oak Hill Professional Center Partnership for the purposes described in the Resolution; authorizing the President of the Board of County Commissioners to accept the Letter of Intent from Oak Hill Professional Center Partnership, and approving the issuance of said Bonds. (Copy of Resolution and Letter of Intent attached.) At this time Commissioner Salvatore returned to the Meeting. RESOLUTION - LONDONTOWNE II DEVELOPMENT After due consideration oall the matters and facts adduced at the Public Hearing held on June 26, 1984, and the comments received in writing within the ten (10)day period following said Hearing, a MOTION was made by Commissioner Roulette, seconded by Snook and adopted with Commissioner Bowers and Downey voting "AYE" and Commis- sioner Salvatore voting "NO", to adopt a Resolution authorizing and empowering the County Commissioners of Washington County to issue, sell and deliver industrial development bonds in an amount not to exceed $900,000 for the financing of a resi- dential multifamily project to be owned by Washington Land Company located at Abbey iLane, 100 yards north of the intersection of Queen Anne's Court, east of the City limits of Hagerstown, in Washington County known as "Londontowne Apartments Phase II f (Copy of Resolution attached.) If PUBLIC HEARING - STORM WATER MANAGEMENT ORDINANCE T e President convened a ee ing in Public Haring at 11:15 a.m. to give the citizens of Washington County an opportunity to appear and give testimony regarding II a proposed Ordinance for Stormwater Management in Washington County. Glenn Dull, County Engineer, explained that the Ordinance was required by State law, and that it was very similar to the county's current policy. He also said the Homebuilders Association was satisfied with the document and that there were no responses from any of the other agencies contacted. There being no one present to speak for nor against said Ordinance, the President announced that the Record would be kept open ii for ten (10) days for comments to be submitted in writing. He closed the Hearing at 11:25 a.m. and reconvened the Meeting in Regular Session. At this time Commissioner Downey and Salvatore were excused from the Meeting. REAPPOINTMENTS TO ECONOMIC DEVELOPMENT COMMISSION Mot on made byommissioner Snook, secondeed-by Roulette to reappoint Edward N. II Henson, Jr. (Contracting), J. T. "Terry" Thompson (Manufacturing), and Kenneth L. Wade (Labor), to serve for three (3) year terms as members of the Economic Develop- ment Commission. Unanimously approved. ADVERTISE FOR BIDS - HARPERS FERRY ROAD GUARDRAIL PROJECT Motion made iisione?RUlette,Commissioner seconded by SE k —authorizing the bidding of guardrail installation on Harpers Ferry Road. with the maximum cost of $15,000 for this project to be appropriated from Capital Contingency. Unanimously approved. EXECUTION OF AGREEMENT FOR INMATE LABOR Motion ma3e-by omm oner oule€te, seconded by Snook authorizing execution of II the. Aar,Pment by and between the Board of County Commissioners of Washington County and the Maryland Correction Training Center for the provision of inmate labor to perform work and duties within Washington County. Unanimously approved, At this time Commissioner Salvatore returned to the Meeting. CONSULTANT SELECTION - BRIDGE PROJECTS �. Mot on ma e -Fy Comn3sssioneF-Vouulet seconded by Salvatore to accept the reconunen-i dation of the County Coordinating Committee and select the following consultants to provide design services for repair/replacement of county bridges: Old Millbrook IIRoad Bridge - Fellows Read & Associates for a fee of $7,200; Beaver Creek Church Road flridae - Kennedy Porter for a fee of $5,650; Marble Quarry Road and Warner li Hollow Bridges - Associated Engineering at fees of $4,900 and Sb,44u respectively, ® I with a 60 day delay to be imposed upon the Warner Hollow Project. Unanimously approved. ij SUBMIT BLOCK GRANT PROJECTS M�t�on made Tiy CTommi.aeioner Salvatore, seconded by Roulette to submit. applications to ItiUU for Funkstown Water Systems Improvement and Sharpaburg/Keedysville Sewer System for Community Development Block Grant Funding in the amounts of $480,000 per project. Unanimously approved. JULY 10, 1984 MINUTES, CONT'D. CONVENE IN EXECUTIVE SESSION Mot on made by Comm sa oner Salvatore, seconded by Roulette to convene in Executive Session at 11:50 a.m. in regard to property matters, pursuant to the authority con- tained in Article 76(A), Section 11(a)(6 &7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND ADJOURN Motion made by Commissioner Roulette, seconded by Snook to reconvene in Regular Session at 12:15 p.m. and adjourn. Unanimously approved. C y Attorne July 17, 1984 Hagerstown, Maryland 21740 Clerk The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m, by the President, Ronald L. Bowers, with the folllowing members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full Assemblage. CONFIRM COMMISSION ON AGING APPOINTMENT Motion made by Commissioner Downey, seconded by Roulette to confirm the appointment of Rev. Arthur W. Garvin to serve as a member of the Board of Directors of the Com- mission on Aging, to fill the unexpired term of William Henry Stewart. Unanimously approved. REZONING CASE 287 The President called Rezoning Case 287 back on the floor for discussion. MOTION made by Commissioner Snook, seconded by Roulette to remand Rezoning Case 287 back to Public Hearing to be considered for a zoning reclassification to BG (Business General', with the conditions that bowling alleys, skating rinks or truck tend pals will NOT BE PERMITTED. Unanimously approved. GREEN LANE ROAD EXCHANGE Hav ng received no comments from the publishing of the Commissioners' Intention to abandon a section of Green Lane Road and convey it to the adjoining property owner in exchange for land for the purpose of constructing a new roadway to intersect with Green Lane Road, a MOTION was made by Commissioner Snook, seconded by Roulette and unanimously approved to proceed with said exchange of property. HOME RULE COMMISSION fin vr�ng considered the proposal of the Maryland Association of Counties to institute a mandate for home rule for all Maryland counties through a constitutional amendment, and reaching a consensus in support of home rule for Washington County, but opposing MOTION ads by Commissioner Roulette and aarnndAd by Snook to a state mandate, •.••••• ••, - oppose MACO's proposal and appoint a nine (9) member home rule commission to prepare a charter, to go to referendum, and to make a diligent effort to place it before the voters in the November general election. Motion FAILED with Commissioners Bowers and Downey voting "NO" and Commissioner Roulette voting "AYE". (Commissioner Snook was ABSENT when the vote was taken.) STATUS REPORT - HOUSING AND COMMUNITY DEVELOPMENT 1 Annette vanHilst, Director of the Department of Housing and Community Development, and Executive Director of the Washington County Housing Authority, appeared before ll the Commissioners to present a status report on related projects. She reported on wcw,ing protects rehab Mock nrant and John hill applications. technical assistar.cell on housing being provided to the towns, builders, realtors and lenders, and the 24 - hour supervised shelter and energy conservation programs. Ms. vanHilst said that Blue Mountain Estates was operating smoothly, that construction of Park View Knoll was 50% complete and that there is a waiting list of 263 households to get on the Section 8 program. She said that she hoped the county would be doing an "On Behalf" bond issue this year and that she would keep on working to encourage people, includin builders and developers to make use of the programs available to them. In answer to some inquiries from the Commissioners, Ms. vanHilat agreed to present projects to them for approval in as expeditious a manner as possible. I I I I r July 3, 1984 County Commissioners of Washington County c/o Leroy R. Burtner, Director Washington County Economic Development Commission Court House Annex Hagerstown, Maryland 21740 Re: $1,850,000 Washington County, Maryland, Economic Development Revenue Bonds (Oak Hill Professional Center Partnership Project) Ladies and Gentlemen: Oak Hill Professional Center Partnership, a Maryland partnership (the "Borrower"), requests that County Commisioners of Washington County (the "County") participate in the financing of the acquisition, renovation and construction of facilities herein- after described (the "Facility") located in Washington County, Maryland, by authorizing, issuing and selling its economic development revenue bonds in a principal amount not to exceed $1,850,000 (the "Bonds"), pursuant to Sections 266A through 266-i, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume & 1983 Cum. Supp.) (the "Act"). It is intended that this letter, if accepted by the County, shall constitute a "letter of intent" as contemplated by Section 266A(h) of the Act. it is proposed that the County loan the proceeds of the Bonds (the "Loan") to the Borrower pursuant to the terms and provisions of a loan or similar agreement to be entered into by the County and the Borrower (the "Loan Agreement"). The Loan Agreemont will reuui.re the Borrower to use the proceeds of the Loan for the sole and exclusive purpose of financing the acquiai-- tion, construction and renovation of the Facility by the Borrower County Commissioners of Washington County July 3, 1984 Page 2 as generally described herein and the payment of the costs as permitted by the Act. The Bonds shall be repayable by the County solely from the revenue derived from loan repayments (both princi- pal and interest) made to the County by the Borrower pursuant to the terms and provisions of the Loan Agreement and from any other monies made available to the County for such purpose. The Borrower is a "facility applicant'i and "facility user" (as mentioned in Section 266A(h) and (i) of the Act). The Loan Agreement will require the Borrower to make Loan payments (both principal and interest) sufficient to pay (a) the principal of, and interest and redemption premium, if any, on, the Bonds, and (b) all expenses incurred by the County in connec- tion with the issuance and sale of the Bonds and the making and administration of the Loan, as the same become due and payable. The Borrower agrees that all costs of acquiring and constructing the Facility in excess of the proceeds of the Loan will be paid by the Borrower. The Loan Agreement will contain such other pro- visions as may be required by law and as may be agreed to by the Borrower, the County, and the purchaser(s) of the Bonds, as permitted by law. The Facility, which is a "facility" as defined in the Act, will consist generally of (i) renovations to an existing office building located on approximately .84 acres of land at 1610 Oak Hill, Hagerstown, Maryland 21740 (the "Existing Facility"); (ii) one or more additional buildings or additions to the Existing Facility•of approximately 18,000 to 20,000 square feet of space to be located on .6 acres of land adjacent to and to the north of the Existing Facility (the "Building"); (iii) equipment for the Existing Facility and the Building (the "Equipment"); and (iv) any other improvements or interests in land necessary or desirable for operation of the Existing Facility and the Building, together with roads or other rights of access, utilities, and other facilities necessary to the acquisition, construction and operation of the Facility. it is expected that the renovation of the Existing Facility will provide employment for approximately 18-20 more people than arc employed at thN F.xiatinQ Facility. It is expected that the construction of the Building will provide employment for an additional 45-60 persons. County Commissioners of Washington County July 3, 1984 Page 3 The acquisition of the Facility will promote the de- clared legislative purposes. of the Act by (a) creating jobs and thus relieving conditions of unemployment in the State of Maryland (the "State") and in Washington County, (b) encouraging the in- crease of industry and commerce and the creation of a balanced economy in the State and in Washington County, (c) assisting in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State and in Washington County, (d) promoting economic development, and (�e) generally promoting the health, welfare and safety of the residents of the State and Washington County. Financial considerations have been a factor leading to the Borrower's decision to acquire the Facility and its decision has been influenced materially by the availability of economic development revenue bond financing. It is expressly understood and agreed that (a) the County will not incur any liability, direct or indirect, or any cost, direct or indirect, in connection with the issuance and sale of the Bonds, the making of the Loan or the rehabilitation, modernization and construction of the Facility, and (b) the Facility will be acquired so as to conform to the requirements of the Borrower. Accordingly, the Borrower will (a) select, super- vise and work with the suppliers and contractors and will provide, construct, and equip the Facility, and negotiate and approve all contracts, construction plans, drawings, specifications, and all financing arrangements in connection with the acquisition and construction of the Facility, and (b) pay all costs incurred by, or on behalf of, the County in connection with the issuance, sale, delivery and administration of the Bonds, the making of. the Loan, including the adiminstration thereof, and in connection with the acquisition, construction and renovation of the Facility, .includ- ing (without limitation) all costs incurred in connection with the development of the appropriate legal documents necessary to effectuate the proposed financing and acquisition, including (without limitation) the fees of bond counsel to the Count.y and compensation to any other person (other than full time employees of the County) performing services by or on behalf of the County in connection with the transactions contemplated by this letter of intent whether or not the prnpnAP.d financing and acquisition are consummated. County Commissioners of Washington County July 3, 1984 Page 4 It is further understood and agreed to by the Borrower that the proposal contained herein is subject to (a) a public hearing to be held by the County pursuant to at least fourteen (14) days notice in a newspaper of general circulation in �_ Washington County, (b) the approval of, and appropriate action by, the Board of County Commissioners of Washington County which action includes, but is not limited to, passage by the County of a resolution implementing the financing of the project described herein and approving the Bonds (the "Resolution"), and either the passage of a final administrative resolution or the execution of a written order by an appropriate County official as will be provided for in the Resolution, and (c) the approval of detailed provisions of all documents pertaining to the financing as yet to be developed. The acceptance of this letter by the County shall constitute evidence of the present intent of the County to auth- orize the issuance, sale and delivery of the Bonds and to author- ize the Loan for the purposes described herein subject to the con- ditions described herein; provided, however, that the Borrower recognizes that: 1. The County cannot make any guaranty, promise or assurance that the terms and conditions (including, but not limited to, the principal amount of the Bonds to be issued, the rate or rates of interest the Bonds are to bear, the times that the interest on the Bonds is to be paid, the redemption provisions for the Bonds, the time the Bonds are to be executed, issued and delivered and their form, tenor and denomination) of the Bonds as actually authorized to be issued, will be acceptable to the Bor- rower; 2. The County can give no guaranty, promise or assur- ance as to the availability of ready, willing and able purchasers of the Bonds; and 3. Legislation adopted by the House of Representatives of the United States Congress (HR 7140) and the Senate of the United States (Amendment No. 2902 to the Federal Boat Safety Act), --- if adopted, could significantly and adversely affect the feasibil- ity of the proposed financing and in the event that the Bonds have been issued prior to enactment of said legislation, could make the intcrcct on the Bonds a„h�art to f�+deral income taxation. County Commissioners of Washington County July 3, 1984 Page 5 The County's adoption of the Resolution and its accept- ance of this letter of intent are intended solely to implement the financing of the project described herein by enabling the issuance and sale by the County of the Bonds. Neither the acceptance of this letter of intent nor the adoption of the Resolution will constitute any assurance by the County to any prospective pur- chasers of the Bonds that (i) the Borrower will have the ability to repay the Loan, (ii) the Facility will be feasible economically or otherwise, (iii) the Facility will be completed, or (iv) the Facility will be in compliance with applicable County, State or Federal laws. The Borrower agrees to use its best efforts to complete the financing contemplated hereunder and to construct and renovate the Facility. It is also understood and agreed that the County reserves the right to withdraw the authorization set forth in the Resolution and this letter of intent should either the Facility or such authorization prove to be in violation of the County, State or Federal laws applicable to the Facility or such authorization unless appropriate steps are taken by the Borrower to alter the Facility or otherwise, to bring the proposed Facility or financing into compliance with such laws. The Borrower agrees that it will provide all certifica- tions (including opinions of its counsel) required by bond counsel to the County in order to establish that interest on the Bonds will be exempt from Federal income taxation (including certi- fications enabling the County to certify that the Bonds are not arbitrage bonds). Neither the Bonds, nor any interest thereon, shall ever constitute an indebtedness or a charge against the general credit or taxing powers of the County, within the meaning of any consti- tutional or charter provisions or statutory limitation, and neither shall ever constitute or give rise to any pecuniary liability of the County. In the event that the financing transactions contem- t d by this lctt�; cf intent shell not have oc-cirr•ptl within Y ..�w a.0 by this �. .. twelve months from the date hereof (or such shorter period if r County Commissioners of Washington County July 3, 1984 Page 6 required by applicable law),'the County's authorization under this letter of intent shall terminate. Very truly yours, OAK HILL PROFESSI CENTER PARTip'or MI By: General GeraTd B nc a e, D.D.S., General. Partner .,` t14( 75 Norman T ope, D.D.S., General Partner aul Maurie lo, M.D., General Partner Allen Oa'tfo, M.D. , General Pa tner. i.: u.• of �,•i 1 9 it irau n4� to r M GG C�J4C1d this a July, , ",rsu �•- -- Resolution passed by the County Commissioners of Washington County County Commissioners of Washington County July 3, 1984 Page 7 on July j�am, 1984, by the President of the Board of County Commissidners of Washington County. ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY By Ronald L. 0 8, res� ent Board of County Commissioners of Washington County E JULY 10, 1984 MINUTES, CONT'D. [i RESOLUTION I 1 A RESOLUTION AUTHORIZING AND EMPOWERING COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ISSUE, SELL AND DELIVER, AT ANY TIME OR FROM TIME TO TIME, ITS REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $1,850,000 PURSUANT TO THE PROVISIONS OF SECTIONS 266A THROUGH 266-I OF ARTICLE 41 OF THE ANNOTATED CODE OF MARY- LAND (1982 REPLACEMENT VOLUME) IN ORDER TO LOAN THE PROCEEDS THEREOF TO OAK HILL PRO- FESSIONAL CENTER PARTNERSHIP, A MARYLAND PARTNERSHIP, FOR THE SOLE AND EXCLUSIVE PURPOSES DESCRIBED IN THIS RESOLUTION; AUTHO- RIZING THE PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ACCEPT, ON BEHALF OF COUNTY COMMISSIONERS OF WASHING- TON COUNTY, THE LETTCR OF INTENT FROM OAK HILL PROFESSIONAL CENTER PARTNERSHIP, TO COUNTY COMMISSIONERS OF WASHINGTON COUNTI DATED JULY 3, 1984; APPROVING, PURSUANT TO NOTICE AND FOLLOWING A PUBLIC HEARING, THE ISSUANCE OF SUCH BONDS; MAKING CERTAIN LEGISLATIVE FIND- INGS, AMONG OTHERS, CONCERNING THE PUBLIC BENEFIT AND PURPOSE OF SUCH REVENUE BONDS; COUNTY COMMISSIONERS OF WASHINGTON COUNTY BY ORDER OR OTHERWISE, PRIOR TO THE ISSUANCE, SALE AND DELIVERY OF SUCH REVENUE BONDS, TO SPECIFY, PRESCRIBE, DETERMINE, PROVIDE FOR AND APPROVE THE RATE OR RATES OF INTEREST SUCH REVENUE BONDS ARE TO BEAR, THE FORM, TENOR, TERMS AND CONDITIONS OF AND SECURITY FOR SUCH REVENUE BONDS, AND TO SPECIFY, PRESCRIBE, DETERMINE, PROVIDE FOR MtA r.^..OVE VARIOUS OTHER MATTERS, DETAILS, DOCUMENTS AND PROCE- DURES IN CONNECTION WITH THE AUTHORIZATION, IISSUANCE, SECURITY, SALE AND PAYMENT FOR SUCH I • REVENUE BONDS; AND GENERALLY PROVIDING FOR AND DETERMINING VARIOUS MATTERS AND DETAILS IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT OF SUCH REVENUE BONDS. RECITALS Sections 266A to 266-I, inclusive, of Article 41 of the — Annotated Code of Maryland (1982 Replacement Volume) (the "Act") empower all the counties and municipalities of the State of Maryland to issue revenue bonds and to loan the proceeds of the sale of such revenue bonds to a "facility user" to finance the acquisition (as defined in the Act) by such "facility user" of any facility (as defined in the Act). As defined in the Act, a "facility user" includes any individual, public or private corpor- ation, partnership, association, firm, or other entity whether or not created for the purpose of making a profit, which owns, leases, or uses all or any part of a facility. The Act declares it to be the legislative purpose to relieve conditions of unemployment in the State of Maryland, to encourage the increase of industry and a balanced economy in the State of Maryland, to assist in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland through among other things, port development and the control, reduction or abatement o€ pollution of the environment and the utilization and disposal of wastes (where proceeds of the bonds are used for that purpose), to promote economic development, to protect natural resources and encourage resource recovery and to generally promote the health, welfare and safety of the residents of each of the counties and municipalities -_ of the State of Maryland. County Commissioners of Washington County, a body politic and corporate and a political subdivision of the State of Maryland (the "County"), has received a letter of intent dated July 3, 1984 (the "Letter of Intent"), from Oak Hill Profes- sional Center Partnership (in form attached hereto as Exhibit A), a "facility applicant" as defined in the Act, in which it is requested that the County participate in the financing of a certain facility as defined herein, by the issuance of certain bonds described therein and by loaning the proceeds thereof to Oak Hill Professional Center Partnership, a Maryland partnership (the _ "Borrower"), for the purpose of acquiring and owning the facility defined herein upon the terms and conditions of a loan agreement to be entered into between the County and the Borrower as per- mitted -_ by the Act (such loan being herein referred to as the "Loan"). The facility to be acquired will consist generally of renovations anti improvements to (a) an existing office locaLed un approximately .84 acres of land at 1610 Oak Hill, Hagerstown, Maryland (the "Existing Facility"); (b) an addition of one or more Buildings or additions to the Existing Facility containing -2- • approximately 18,000 to 20,000 square feet of space to be located on approximately .6 acres of land adjacent to and to the north of the Existing Facility (the "Building"); (c) equipment for the s� Existing Facility and the Building (the "Equipment"); and (d) any other improvements or interests in land necessary or desirable for operation of the Existing Facility and the Building, together with roads and other rights of access, utilities, and other facilities necessary to the acquisition, construction and operation of the facility (the "Other Interests") the Existing Facility, the Building, the Equipment and the Other Interests collectively, the "Facility"). The County, in compliance with the Tax Equity and Fiscal =_ Responsibility Act of 1982 (the "Federal Act") held a public hearing on July 3, 1984, pursuant to notice (in form attached hereto as Exhibit B) published in a newspaper of general circu- lation in Washington County on June ,j, 1984 for the .'purpose apprising affected residents of Washington County, Maryland of the - proposed issuance of the Bonds and allowing such residents to appear and be heard concerning the issuance of the Bonds and the location and nature of the Facility. The County has determined - following such public hearing, that there will be a substantial public benefit from the issuance of the Bonds, that the issuance of the Bonds to finance the Facility is in the public interest and for a public purpose and by this Resolution has given its approval thereto. The County based upon the findings and determinations set forth below, has determined to participate in the financing of the Facility by (a) issuing, selling and delivering its revenue bonds, in a principal amount not to exceed $1,850,000 (the "Bonds"), and (b) loaning the proceeds of such bonds to the _= Borrower upon the terms and conditions of one or more loan agree- ments (the "Loan Agreement"), as permitted by the Act. The Loan Agreement will require the Borrower (a) to use the proceeds of the Bonds solely to finance the acquisition of the Facility (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement), and (b) to make Loan payments which will be sufficient to enable the County to pay the principal of and interest and premium, if any, on the Bonds when and as the same shall become due and payable. As security for the Bonds, the County may enter into a one or more trust agreements with one or more corporate trustees or one or more purchase or assignment agreements with the pur- chaser or purchasers of the Bonds pursuant to which the County will assign to such trustee or purchaser or purchasers, among other things, and excepting the right of the County to indemni- fication and to payments of the County for expenses, all of the _'.. t• _..s ..a ..,d a.. n.i _...i t_h lrV fill 0 LJ.' IA L, ti. UST QiAV LIZ LCLCOL .ti aa,.V. i.V, al i.ti '. w.• respect to the Loan Agreement and any other document or instrument relating to the Loan, and any and all other property of every _- description and nature from time to time by delivery or by writing -3- of any kind conveyed, pledged, assigned or transferred, as and for — additional security for the Bonds. SECTION 1. BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF WASHINGTON COUNTY, That, acting pursuant to the Act, it is hereby found and a ermined as follows: (1) The issuance and sale of the Bonds by the County pursuant to the Act in order to lend the proceeds thereof to the Borrower for the sole and exclusive purpose (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement) of financing the acquisition (within the meaning of the Act) by the Borrower of the Facility will facilitate and expedite the acquisition of the Facility by the Borrower. (2) The acquisition of the Facility by the Borrower and the financing and refinancing thereof as provided in this Resolu- tion will promote the declared legislative purposes of the Act by (a) creating jobs and employment, thus relieving conditions of unemployment in the State of Maryland and in Washington County; (b) encouraging the increase of industry and commerce and the creation of a balanced economy in the State of Maryland and in Washington County; (c) assisting in the retention of existing industry and commerce and in the attraction of new industry and — commerce in the State of Maryland and in Washington County; (d) promoting economic development; and (e) promoting the health, welfare and safety of the residents of the State of Maryland and Washington County. (3) In addition to authorizing the County itself to acquire the Facility and either to lease or to sell the same to the Borrower, the Act, authorizes facility financing to be accom- _ plished in the form of a loan by the County to the Borrower. The loan form of transaction avoids indirect costs and burdens on the County by eliminating any direct involvement by the County in the acquisition, ownership or administration of the Facility while permitting the imposition of ample controls on the use of the pro- ceeds of the Bonds, thus insuring that the public purposes of the Act and the Bond transactions are fully accomplished. Because it is in the best interests of the citizens of Washington County to finance the acquisition of the Facility by a loan to the Borrower, this Resolution contemplates and authorizes a transaction in the form of a loan of the proceeds of the Bonds by the County to the Borrower. Accordingly, this Resolution, together with the Loan Agreement and any other instrument pertaining to the issuance, sale or delivery of the Bonds including those instruments approved by the written order to be executed by the President of the Board of County Commissioners prior to the issuance, sale and delivery of the Bonds (the "Written Order") (such other instruments, tVI�GIJlCL Al Lil the LV WII AylCClIIC 11 V, VVil0lr Vi VO1JI WiC PV11µ ui/l. u ' ments"), contains, or shall contain, such provisions as the County deems appropriate to effect the financing of the acquisition by the Borrower of the Facility by the loan form of transaction. -4- (4) NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR GENERAL OBLIGATION OF THE COUNTY OR A CHARGE AGAINST, OR PLEDGE OF THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY, WITHIN THE MEANING OF ANY CONSTITU- TIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION, AND NEITHER SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LfABILITY OF THE COUNTY. THE BONDS AND THE INTEREST THEREON SHALL BE LIMITED OBLIGATIONS OF THE COUNTY, REPAYABLE BY THE COUNTY SOLELY FROM THE REVENUES DERIVED FROM LOAN REPAYMENTS (BOTH PRINCIPAL AND INTER- EST) MADE TO THE COUNTY BY THE BORROWER ON ACCOUNT OF THE LOAN AND FROM ANY OTHER MONIES MADE AVAILABLE TO THE COUNTY FOR SUCH PURPOSE. The proceeds of the Bonds, and the payments to be made b+ the Borrower pursuant to the Loan Agreement, will be paid directly to a trustee or the holders of the Bonds in the event a trustee is not appointed for such purpose to be held and disbursed as shall be approved by the President of the Board in the Written Order. No such monies will be commingled with the County's funds but will be subject only to such limited supervision and checks as are deemed necessary or desirable by the County to insure that the proceeds of the Bonds are used to accomplish the public purposes of the Act and this Resolution. The transactions authorized hereby do not constitute any physical public betterment or im- provement or the acquisition of property for public use or the purchase of equipment for public use. The public purposes expressed in the Act are to be achieved by facilitating the acquisition o€ the Facility by the Borrower. (5) The Borrower is or will be a "facility applicant" and a "facility user" as defined in the Act; the Facility to be acquired by the Borrower will be used by the Borrower for the purposes permitted by the Act. (6) The public purposes intended to be achieved by the County through the issuance of the Bonds will be achieved upon completion of the construction, renovation and acquisition of the Facility resulting in the expansion of available office space in Washington County, Maryland. SECTION 2. AND BE IT FURTHER RESOLVED BY THE BOARD OF .SWNalai \. fl WI. O O A VfU VC n,n..a. a.va v,+ vvvaaa a, .1. £44 ..+•. vvtan J aa.a...uJ approves i3Ts authorizer and empowered to issue, sell and deliver, at any time or from time to time and in one or more series, the following Bonds to be known as its "Washington County, Maryland, Economic Development Revenue Bonds (Oak Hill Profes- sional Center Partnership Project)" (provided that such designa- tion may be changed or may contain such other descriptive informa- tion as the President of the Board may prescribe in the Written Order) in an aggregate principal amount not to exceed $1,850,000 subject to the provisions of this Resolution. The proceeds of the Bonds will be loaned to the Borrower pursuant to the terms and 1 t .f L L • J. A... L , 3 L .. a L" e1 .................. ytivvi6lirr<u• uio u8dra Agrearue ia., c, Li c cnrcriucu " 4he '" rr for the sole and exclusive purpose of financing and refinancing the acquisition of a Facility as specified in the Act (except to the extent of amounts permitted to be expended for other purposes -5- under the Act and by the Loan Agreement). The security and sources of payment for the Bonds shall be solely and exclusively as provided in Section 1 of this Resolution. The authority to issue the Bonds is intended to and shall include the authority to issue revenue refunding bonds. Reference herein to the "Bonds" shall include revenue refunding bonds where appropriate. In the event that any refunding bonds are issued pursuant to this Resolution, the outstanding principal amount of any "refunded bonds" (as hereinafter defined) shall not be taken into account in determining the aggregate principal amount of the Bonds issued, sold and delivered hereunder. The term "refunded bonds" means any Bonds (i) for the payment of which (both principal and interest) provision has been made from the proceeds (including any earnings on the investment thereof) of Bonds issued pursuant to this Resolution, or (ii) which have been paid from such proceeds, whether such provisions for payment, or such payment is made at or prior to the maturity of such Bonds. SECTION 3. AND BE IT FURTHER RESOLVED BY THE BOARD COUNTY COMMISSIONERS OF WA;ri1NCTON COUNTY, mat the Preslcient of the Board is hereby au ort� izecd, empowered, and directed to accept the Letter of Intent on behalf of the County in order to evidence the intent of the County to issue, sell and deliver the Bonds in accordance with the terms and provisions of this Resolution. This Resolution is intended to be, and shall constitute, evidence of the County's intent to issue and deliver the Bonds authorized hereby in accordance with the terms hereof when the Bonds are sold, provided that the County shall have no duty to obtain a purchaser or purchasers therefor and shall incur no pecuniary liability in the event the Bonds are not sold. The County and the Borrower contemplate that the Borrower may proceed with the acquisition of the Facility prior to the issuance, sale and deliv- ery of the Bonds authorized hereby upon the adoption of this Resolution by the County. SECTION 4. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bons shall e executed n the name of the County and on its behalf by the President or Vice President of the Board, by his or her manual or facsimile signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other autho- rised officer) by his or her manual or facsimile signature. The Bond Documents shall be executed in the name of the County and on its behalf by the President or Vice President of the Board by his or her manual signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other autho- rised officers by his or her manual signature. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds or any of the aforesaid documents shall cease to be such officer before the delivery of the Bonds or any of the other aforesaid documents, such signature or such facsimile shall -6- nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The President of the Board, the Clerk to the Board and other officials of the County are hereby authorized and empowered to do all such acts and things and execute such other documents and certificates as the President of the Board may determine to be necessary to carry out and comply with the provisions hereof. SECTION 5. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That prior to the issuance, sale and a ivery oUthe Bonds, the President of the Board shall execute the Written Order, pursuant to which the President of the Board may (without limitation) specify, pres- cribe, determine, provide for or approve, all within the limita- tions of this Resolution and the Act, all matters, details, forms, documents and procedures pertaining to the sale, security, issuance, delivery and payment of or for the Bonds, including (without limitation): (a) the principal amount of the Bonds to be issued at any one time and from time to time, the rate or rates of interest thereon, the date or dates of maturity thereof, provisions for the payment thereof, prepayment, sinking fund and redemption provi- sions (if any) thereof, the designation or designations of the Bonds and of any series, and the date or dates of issuance thereof; (b) the form, tenor, terms and conditions of the Bonds, and provisions for the registration and transfer of the bonds (if any); (c) the form and contents of, and provisions for the execution and delivery of, such financing documents as the Board shall deem necessary or desirable to evidence, secure or offect- uate the Loan and the issuance, sale and delivery of the Bonds, including (without limitation) any loan agreements, notes, mort- gages, security agreements, assignments, guarantees, financing agreements or escrow agreements; (d) provision for the payment directly by the Borrower of all expenses of preparing, printing and selling the Bonds, including (without limitation) any and all costs, fees and expenses, incurred by or on behalf of the County in connection with the authorization, issuance, sale and delivery of the Bonds, and all costs incurred in connection with the development of the appropriate legal documents, including fees of counsel to the County, and compensation to any persons (other than full-time employees of the County) or entities performing services for or on behalf of the County in connection therewith and in connection with all other transactions contemplated by this Resolution, whether or not the proposed financing is culls wuatad; -7- (e) the creation of security for the Bonds and provi- sion for the administration of the Bonds, including (without limitation) the appointment of such trustees, escrow agents, — payment agents, registrars or other agents as the Board shall deem necessary or desirable to effectuate the transactions authorized hereby; _ (f) the preparation and distribution, in conjunction with representatives of the Borrower and the prospective pur- chasers of or underwriters for the Bonds of any series, both a preliminary and a final official statement, placement memoranda or offering circular in connection with the sale of the Bonds of any series, if such preliminary official statement and final official statement, placement memoranda or offering circular are determined -- to be necessary or desirable for the sale of the Bonds of such series; (g) the form and contents of, and provisions for the execution and delivery of, a contract or contracts for the pur- chase and sale of the Bonds of any series (or any portion there- of); and (h) such other matters in connection with the authori- zation, issuance, execution, sale, delivery and payment of the Bonds, the security for the Bonds and the Loan, and the consum- mation of the transactions contemplated by this Resolution as may be deemed appropriate and approved by the President of the Board including (without limitation) establishing procedures for the execution, acknowledgement, sealing and delivery of such other and further agreements, documents, and instruments, and the authoriza- tion of the officials of the County to take any and all actions, as are or may be necessary or appropriate to consummate the transactions contemplated by this Irusolution in accordance with the Act and this Resolution. SECTION 6. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That (a) THE ACT PRO- VIDES THAT NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY WITHIN THE MEANING OF ANY CONSTI- _- TUTIC+NAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND SHALL NEVER CONSTITUTE OR GIVE RISE TO PECUNIARY LIABILITY OF THE COUNTY. In order to implement Section 266F(e) of the Act stating that the Bonds shall never constitute or give rise to pecuniary liability of the County, the Loan Agreement, the Bonds and the — Bond Documents may provide that no bondholder shall look to the County for damages suffered by such bondholder as a result of the failure of the County to perform any covenant, undertaking or obligation under the Bond Documents, nor as a result of the incorrectness of any representation made by the County in the Bond ••••••••-•••., 4- ,",l ue-".. . thia i e -o ut _-n ±l�t thm AnnA Documents shall not give rise to pecuniary liability of the County, nothing contained in this Resolution or in the Bond Documents shall be construed to preclude in any way any action or -8- proceedings (other than that element in any action or proceeding involving a claim for monetary damages against the County) in any court or before any governmental body, agency or instrumentality, or otherwise against the County or any of its officers or employ- ees to enforce the provisions of any of the Bond Documents.• (b) Although the Bond Documents shall provide that the County shall have the right to seek remedies in the event of a default by the Borrower, it is contemplated that the County will assign the performance of obligations to take action to the trustee for the holder(s) of the Bonds or the purchaser or pur- chasers or holder or holders of the Bonds, in order to implement the purposes and intent of the Act, namely to facilitate the acquisition of the Facility by the Borrower without incurring any pecuniary obligation or liability of the County. Accordingly, if a trustee is appointed for such purpose, the trustee shall have the duty to act, whether or not at the direction of bondholders, —_ in all instances in which the trustee for such Bonds may act and determines that action is appropriate. In any case where action by the trustee for the Bonds or the purchaser or purchasers or holder or holders of the Bonds requires simultaneous or subsequent action by the County, the County will cooperate with such trustee or the purchaser or purchasers or holder or holders of the Bonds and take any and all action necessary to effectuate the purposes and intent of the Resolution and the Bond Documents. The perfor- mance by the trustee for the Bonds or the purchaser or purchasers or holder or holders of the Bonds of obligations under any of the Bond Documents permits the identification of all costs arising from the exercise of such obligations. The Bond Documents shall provide that the Borrower shall pay those costs in order to avoid any direct or indirect pecuniary burden on the County. SECTION 7. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That, as permitted bpermittd by the Act, the Bonds of each series be sold at private (negotiated) sale and at par, unless the President of the Board deems it to be in the best interests of the County to sell the Bonds of any series at public sale or above or below par, in which event the Bonds of such series shall be sold in such manner, at such price or prices and upon such terms as shall be determined in the Written Order to be in the best interests of the County. The Bonds of each series shall be sold at such times, on such dates and to such persons, firms or corporations (including, without limitation, banks or other financial institutions) as shall be determined by the President of the Board (as the case may be), with the consent of the Borrower. SECTION 8. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, T aF t t e provisions of ttis R Iution are severable, and ifany provision, sentence, ..t ause sect; nn nr r,wrt he-rPnf i a hrl A i l l eti* 1 . i nvA 1 i ei or unron- stitutional —_ or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality, or inapplicability =_ shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Resolution or their application to other persons or circumstances and the remaining provisions shall be construed so as to give practical realization to the public purposes intended to be achieved hereunder aid the protection against pecuniary liability to be afforded to the County. It is hereby declared to be the legislative intent that this Resolution would have been passed if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included herein, and if the person or circumstances to which this Resolution or any part hereof are inapplicable had been specifically exempted herefrom. SECTION 9. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the County reserves the right to refrainfrom issuing the Bonds hereby authorized or to postpone such issuance for such time or times as it may determine if it, in its sole discretion, determines (i) that the interest on the Bonds will or may not be exempt from federal income taxation, or (ii) that the issuance of the Bonds might prevent it from issuing its bonds, the interest on which will be exempt from federal income taxation, to finance, one or more other facilities at such time or times as it desires to issue such bonds f,r other facilities. SECTION 10. RESOLVED BY COUNTY COMMISSIONERS OF WASHINGTON couicrY, -xnat unless sucn time period ihull be limited EjTther applicable law, in the event that the financing transactions contemplated by this Resolution shall not have occurred by December 31, 1984, the County's authorization — under the Resolution shall terminate unless otherwise extended by Resolution of the Board. SECTION 11. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That this Resolution — ihall take effect from the date of its adoption. PASSED AND ADOPTED this/ day of July, 1984. ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: Ka yn S ort Rona L. a, PresY en ___ Clerk Board of County Commissioners of Washington County -10- EXHIBIT A LETTER OF INTENT EXHIBIT B CERTIFICATION OF PUBLICATION JULY 10, 1984 li MINUTES, CONTD. I n THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND RESOLUTION NO. WHEREAS, the Board of County Commissioners of Washington County ("Board") passed a Resolution on April 24, 1984, ("Inducement Resolution") relating to the issuance of certain industrial development bonds in an amount not to exceed $900,000 ("Bonds") for the financing of a residential multifamily project to be owned by Washington Land Company, a Maryland limited partnership ("Owner") and containing 32 units, located at Abbey Lane, 100 yards north of the intersection of Queen Anne's Court, just east of the City limits of Hagerstown, in Washington County known as "Londontowne Apartments Phase 1I" (hereinafter called "Project"), and WHEREAS, the Meretantila-Safe Deposit and Trust Company of Baltimore, Maryland ("Lender") has agreed, by a letter to the President of the Board dated June 25, 1984 (a copy of which is attached hereto as Exhibit A) to purchase the Bonds subject to the terms and conditions set forth In such letter, and WHEREAS, the Tax Equity and Fiscal Responsibility Act of 1982, requires that industrial development bonds issued after 1982 be approved by "the applicable elected representative" of the issuing governmental unit net r a hearing following reasonable public notice, and I n -2 — WHEREAS, the Board is the applicable elected representative of Washington County, and WHEREAS, reasonable public notice has been given for the public hearing at which this Resolution has been considered by the publication of a notice (a copy of which is attached as Exhibit B), and such hearing was held on June 26, 1984, before the Board at which members of the public appeared and testified, and the record was left open for ten (10) days after such hearing; and WHEREAS, the Board has found that construction of the Project will serve a public purpose and will promote the health, welfare and safety of the citizens of Washington County in that it will provide employment for such citizens and will provide housing .or persons of low and moderate Income In the County; NOW, THEREFORE, BE IT RESOLVED: 1. Subject to the terms and conditions set forth below, the County shall issue, or shall cause to be issued, tax exempt revenue bonds ("Bonds") in an aggregate principal sum of not more than Nine Hundred Thousand ($900,000.00) Dollars and having a maturity date of up to 30 years and interest at a rate equal to 75% of the lender's prime rate and having such other terms and conditions as shall be approved by the President of the Board. 2. The date of issuance of the bonds shall be approved by the President of the Board, the County Attorney, the Lender and the Owner. S. Each of the Bonds shall expressly recite: "Neither the United States of America nor any agency thereof nor the State of Maryland, nor any dgeriey or poli6cei subdiviuiu: i it're(Y:, uUiicr uicui Y' 3 the Issuer shall in any event be liable for the payment of the principal of or Interest on the Bonds or for the performance of any pledge, obligation or agreement of any kind whatsoever of the Issuer and neither the Bonds nor any of their agreements or obligations shall be construed to constitute an indebtedness of the United States of America or any agency thereof, or the State of Maryland, Washington County, or any agency or political sub- division thereof, other than the Issuer only to the extent of the property pledged as security for the Bonds within the meaning of any constitutional or statutory provision whatsoever." 4. All documents pertaining to the issuance of the Bonds, including but not limited to the bond purchase and security agreement, and the revenue agreement are subject to the approval of the County Attorney and of the President of the Board. Upon obtaining such approval, the President and County Clerk, or such other appropriate officer of the Board, shall be authorized to sign, on behalf of the Board, the Bonds and all documents relating to the issuance of the Bonds. 5. The Bonds may be issued directly by Washington County or by any agency or Instrumentality thereof. 6. The monitoring of the requirement that the Project shall have at least 20% of its units occupied or available for occupancy by persons of "low or moderate" income within the meaning of Section 103(bX4XA) of the Internal Revenue Code will be done by the Housing Authority of Washington County (the "Housing Authority"), or such other agency as the Board shall designate, and the Housing Authority or such other agency shall be entitled to receive, as compensation for such monitoring, such fees ann other rmmn..o ...in., ea shall be ay,acd upen duly by the Owner and the Housing Authority. -4 — Adopted at a duly called meeting of the Board of County Commis- sioners of Washington County on the/ay of July, 1984. WITNESS as to signature BOARD OF COUNTY COMMISSIONERS ATTEST as to seal OF WASHINGTON COUNTY 'IJULY 17, 1984 !MINUTES, CONT'D. I El STATUS REPORT - SANITARY COMMISSION Paul Waggoner, Chairman, acted as spokesperson for the Washington County Sanitary Commission, along With Palmer Dawson, Executive Director, and Bob Johnson, Project Engineer, for presenting a status report on commission projects. Mr. Waggoner stated] that the Highfield/Cascade litigation was scheduled for settlement this afternoon an that the mosquito problem at the Wright Road Pumping Station was being resolved. He also submitted reports on all water and sewer projects underway. He also said that preliminary information regarding improvements to the Halfway Treaimer,t Plant indi- cated II that it may be more advisable to build a new plant. The Commissioners expresse} appreciation for the information and advised that care be taken to include all costs pertaining to the Highfield/Cascade litigation in the applications for funding of the. new water system. ABATE AND ACCEPT PAYMENTS IN LIEU OF TAXES Motion made by Commis Roulette, seconded by Snook to abate the FY 1984/85 taxes of the following accounts and accept equal payments in lieu of: Acoustiflex Corporation - $2,108.43; Alphin Hanger. - $1,130.17; Horizon Dev. (Caldwell Mfg. Co.) $11,033.31; Certain -Teed Products Corporation - $27,377.34; Gabriel Industries - $30,352.71; Grove Hanger - $4,328.37; Hagerstown Canteen Service, Inc. - $2,022.12; Larstan Industries, Inc. - $6,474.72; Maccaferrie Gabions Mfg. Co. - $5,915.69; Roper Eastern (Eastern Products) - $16,332.35; Ryder Truck Lines, Inc. - $17,299.75; and Sterling Radiator Company - $7.632.36. Unanimously approved. OPTION AGREEMENT - BOWER AVENUE RECONSTRUCTION Motion made by Comm ss oner Downey, seconded by Snook to approve of the option agreement with Chester I. and Virginia B. Soule, Remsen B. and Martha Ogilby and Edward F. and Berthe C. Rose, for the acquisition of 2.21 acres of land for the sum of $30,000 for the Bower Avenue Reconstruction Project, and in addition to the pay- ment as above set forth, to approve of the provisions as outlined in the supplementa letter dated June 11, 1984. Unanimously approved. POTOMAC CREST STORM WATER MANAGEMENT FACILITY Motion made by Commissioner Snook, se -by Roulette to accept the deed for the Potomac Crest, Sections A & B Subdivision storm water management facility and to waive the surety requirement since this facility has been in operation for 2+ years without any problems and has a good vegetative growth. Unanimously approved. At this time Commissioner Snook was excused from the Meeting. REVENUE SHARING TRANSFERS Motion made by Commissioner Roulette, seconded by Downey to approve a Revenue Sharin, transfer to cover eligible expenditures for the period April 1, 1984 through June 30 1984 in the following amounts: Highway Fund - $205,009.08, Capital Projects Fund - $55,213.66. Unanimously approved. ALLOCATE FUNDS TO REPLACE DOG TRAPS Motion made by Commissioner Roulette, seconded by Downey to allocate $300.00 to the S.P.C.A. to purchase two (2) dog traps to replace two (2) that were stolen, with the suggestion that an effort be made to secure the traps to discourage further pilfering, and to appropriate said funds from Operating Contingency. Unanimously approved. TOP SOIL FROM INDUSTRIAL PARK PROJECT Motion made byComm ss oner Roulette, seconded by Downey to make the excess topsoil from the I-70/81 Industrial Park project available to the City of Hagerstown to use in its golf course project, with the provision that it will first be offered to CHIEF if needed for industrial park projects. Unanimously approved. 1I PROCLAMATION - HUNGER MONTH Motion made by Commissioner Roulette, seconded by Downey September 1984 as Hunger Month in Washington County, and to Proclaim the month of commend this observance to all citizens so that they will join with the Maryland Food Committee in fighting hunger in Washington County. Unanimously approved. CONVENE 1N EXECUTIVE SESSION in Executive Motion made by Commissioner Roulette, seconded by Downey to convene Session at 11:15 a.m. in regard to personnel, litigation and property matters, pursuant to the authority contained in Article 76(A), Section liia)(6 6 7i of Lila II i1 Annotated Code of Maryland. Unanimously approved. RECONVENE IN kECUi,AR SESSION Motion made by Commissioner Downey, seconded by Roulette to reconvene in Regular. Session at 12:35 p.m. Unanimously approved. JULY 17, 1984 MINUTES, CONT'D. EMPLOY PART-TIME BUS DRIVERS Motion made by Commissioner Downey, seconded by Roulette to employ Vicki Jenkins, Larry Brown and Carl Dourer as part-time bus drivers for the County Commuter System. Unanimously approved. EMPLOY WATCHMAN/CUSTODIAN Motion made by Commissioner Roulette, seconded by Downey to employ Allen Tolivor as a watchman/custodian at the Martin Luther King Center. Unanimously approved. ADVERTISE PARK GUARD POSITION Motion made by Commissioner Roulette, seconded by Downey to advertise for applicants to fill the vacant position of county parks guard. Unanimously approved. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Downey to adjourn at 12:45 p.m. Unanimously approved. C y Attorney Clerk July 24, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Salvatore, followed by the Pledge of Allegiance to the Flag by the full Assemblage. CONVEYANCE OF PROPERTY - ADELSBERGER Having received no comments in writing from the publishing of the Board's intention to convey all its right, title and interest to a twelve (12') foot dedicated right- of-way along the property designated as #114 Roessner Avenue, Hagerstown, Maryland, to T. Lester and Gloria J. Adelaberger, a MOTION was made by Commissioner Roulette, seconded by Salvatore to proceed with said conveyance at no consideration and at no cost to the County, it having been agreed that the grantee will pay the cost of the publication and preparation of the deed. Unanimously approved. POLICY RE FUTURE PROPERTY CONVEYANCES Motion made by Commissioner Downey, seconded by Snook to adopt a policy whereby all adjoining property owners will be notified in writing of any intentions of the Com- missioners to convey public pivpniLy. Unanimoucly approved. RE/APPOINTMENTS TO AREA AGENCY ON AGING ADVISOR? COUNCIL Motion made by Commissioner Snook, seconded by Roulette to concur with the nomination of the Washington County Area Agency on Acing Advisory Council and reappoint Helen W. Kaetzel and Janet C. Cover to serve as members for three year terms to expire Octo- ber 1, 1987, and appoint Hazel M. Stewart to fill the unexpired term of her late husband to October ], 1986. Unanimously approved. ADOPT STORMWATER MANAGEMENT ORDINANCE Having received no comments from the holding of a Public Hearing on July 10, 1984, at whicn no puaiic ceftLI iJA wa pr_..cnt..a w MOmrnN was made by Commissioner Roulette, seconded by Salvatore and unanimously approved to adopt s Stcrmwater Man- agement Ordinance for Washington County to become effective July 28, 1984. (Copy of Ordinance attached.) AMEND PURCHASTNG POLICY TO INCLUDE HUD REQUIREMENTS Motion made by Commissioner Downey, seconded by Roulette to am^.nd the County's Pur- chasing Policy to include HUD's policy with respect to minority, female and handicapped business enterprises. Unanimously approved. ++II JULY 24, 1984 iLUIUTSS CONT' D. r. x Received for Kecord August 30, 1964 at 11:L8 A. M. Recorded in Acts, Ordinances and Kesolutiona (Washington County) Liber 3 968 Office 'bf Clerk of Circuit Court r 4 AN ORDINANCE FOR STORMWATER MANAGEMENT IN WASHINGTON COUNTY, MARYLAND ADOPTED July 24, 1984 Y A 969 Table of Contents Article I. Purpose and Authority . . . . . . . . . . . . . . . . . . II. Definitions . . . . . . . . . . . . . . . . . . . . . . . III. Applicability . . . . . . . . . . . . . . . . . . . . . . 3.1 Scope . . . . . . . . . . . . . . . . . . . . . . . 3.2 Exemptions . . . . . . . . . . . . . . . . . . . . . 3.3 Waivers . . . . . . . . . . . . . . . . . . . . . . 3.4 Variances . . . . . . . . . . . . . . . . . . . . . IV. Stormwater Management Plans ............... . . . . . . . . . . . . 4.1 Review and Approval of Stormwater Management Plans .................. . . . . . . . . . . . . . . . 4.2 Contents of the Stormwater Management Plan . . . . . . . . . . . . . . . . . . . . . . 4.3 Design Revisions . . . . . . . . . . . . . . . . . . V. Permits . . . . . . . . . . . . . . . . . . . . . 5.1 Permit Requirements . . . . . . . . . . . . . . 5.2 Permit Suspension and Revocation . . . . . . . . . . 5.3 Permit Conditions . . . . . . . . . . . . . . . . . VI. Stormwater Management Criteria . . . . . . . . . . . . . 6.1 Minimum Control Requirements . . . . . . . . . . . . 6.2 Stormwater Management ?ieasures . . . . . . . . . . . 6.3 Specific Design Criteria . . . . . . . . . . . . . . VII. Surety Requirements . . . . . . . . . . . . . . . . . . . 7.1 Type of Security . . . . . . . . . . . . . . . . . . 7.2 Conditions of surety . . . . . . . . . . . . . . . . VIII. Inspection 8.1 Inspection Responsibility . . . . . . . . . . . . . 8.2 Inspection Reports . . . . . . . . . . . . . . . . . 8.3 Conditions of Approval . . . . . . . . . . . . . . . 8.4 Inspection for Preventive Maintenance . . . . . . . . . . . . . . . . . . . . Page 1 1 4 4 4 4 5 5 5 6 8 8 8 8 8 9 9 9 10 12 12 12 13 13 13 13 13 971 ARTICLE I PURPOSE AND AUTHORITY The purpose of this Ordinance is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with increased stormwater runoff. Proper management of etormwater runoff will minimize damage to public and private property, reduce the effects of development on land and stream channel erosion, assist in the attain- ment and maintenance of water quality standards, reduce local flooding, and maintain after development, as nearly as possible, the pre -development runoff characteristics. The provisions of this Ordinance pursuant to §8-11A-02 Natural Resources Article, Annotated Code of Maryland, 1983 replacement volume are adopted under the authority of the Washington County Code and shall apply to all development occurring within the unincorporated area of Washington County. The application of this Ordinance and the provisions expressed herein shall be the minimum stormwater management requirements and shall not be deemed a limitation or repeal of any other powers granted by State statute. The Washington County Engineering Department shall be responsible for the coordination and enforcement of the provisions of this Ordinance. ARTICLE It DEFINITIONS For the purposes of this Ordinance, the following definitions describe the meaning of the terms used in this Ordinance: (1) "Adverse impact" means any deleterious effect on waters or wet- lands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, or which unreasonably intet- fere with the enjoyment of life or property, including outdoor recreation. (2) "Agricultural land management practices" means those methods and procedures used in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources. (3; " .ppi a. t" Fi .-m or nrn.nrnmonf al agsney who .,,pip ...can!: Lrzc firm o n- - executes -the.Tnecessary rforms �to procure official approval of a project or a permit to carry out construction of a project. - 1 - 972 (4) "Aquifer" means a porous water bearing geologic formation generally restricted to materials capable of yielding an appreciable supply of water. (5) "Clearing" means the removal of trees and brush from the land but shall not include the ordinary mowing of grass. (6) "Detention structure" means a permanent structure for the temporary storage of runoff which is designed so as not to create a permanent pool of water. (7) "Develop land" means to change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration. (8) "Drainage area' means that area contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridge line. (9) "Easement" means a grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement. (10) "Exemption" means those land development activities that are not subject to the stormwater management requirements contained in this Ordinance. (11) "Flow attenuation" means prolonging the flow time of runoff to reduce the peak discharge. (12) "Grading" means any act by which soil is cleared, stripped, stockpiled, excavated, scarified, filled or any combination — thereof.. (13) "Infiltration" means the passage or movement of water into the Eli soil surface. (14) "Off -site stormwater management" means the design and construc- tion of a facility necessary to control stormwater from more than one development. (15) "on -site stormwater management" means the design and construction of systems necessary to control stormwater within an immediate development. (16) "Porous paving" means an open graded asphaltic or reticular con- crete or other material which allows water to pass through it. - 2 - 973 (17) "Retention structure" means a permanent structure that pro- vides for the storage of runoff by means of a permanent pool of water. (18) "Sediment" means soils or other surficial materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion. (19) "Site" means any tract, lot or parcel of land or combination of tracts, lots, or parcels of land which are in one ownership, or are contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision, or project. (20) "Stabilization" means the prevention of soil movement by any of various vegetative and/or structural means. (21) "Stormwater management" means: (a) for quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by man-made changes to the land; and (b) for qualitative control, a system of vegetative, struc- tural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff. (22) "Stormwater Management Plan" means a set of drawings or other documents submitted by a person as a prerequisite to obtaining a stormwater management approval, which contain all of the information and specifications pertaining to stormwater manage- ment. (23) "Stripping" means any activity which removes the vegetative surface cover including tree removal, clearing, grubbing and storage or removal of topsoil. (24) "Variance" means the modification of the minimum stormwater management requirements for specific circumstances such that strict adherence to the requirenents would result in unneces- sary hardship and not fulfill the intent of the Ordinance. (25) "Waiver" means the relinquishment from stormwater management requirements by the Washington County Engineer for a specific development on a case -by -case review basis. (26) "Watercourse" means any natural or artificial stream, river, ♦ v r« I ai... n tn.I creak, dltcn, channel, canal, CORciuiL, �:iiivcir, .., :... _„ gully, ravine or wash, in and including any area adjacent thereto which is subject to inundation by reason of overflow or flood water. - 3 - 974 (27) "Watershed" means the total drainage area contributing runoff to a single point. (28) "Wetlands" means an area that has saturated soils or periodic high groundwater levels and vegetation adapted to wet conditions and periodic flooding. ARTICLE III APPT.TrARTT.TTV Section 3,1 Scone. No person shall develop any land for residential, commercial, industrial, or institutional uses without having provided for appropri- ate stormwater management measures that control or manage runoff from such developments, except as provided within this section. Section 3.2 Exemptions. The following development activities are exempt from the provisions of this Ordinance and the requirements of providing stormwater manage- ment: (a) Agricultural land management activities; (b) Additions or modifications to existing detached resi- dential structures; (c) Developments that do not disturb over 5,000 square feet of land area; (d) Land development activities which the Water Resources Admini- stration determines will be regulated under specific State laws which provide for managing stormwater runoff; or (e) Residential developments consisting of detached dwellings on a lot of two acres or greater. Section 3.3 iWaivers. The County Engineer may grant a waiver of the stormwater management requirements for individual developments provided that a written request is submitted by the applicant containing descriptions, drawings, and any other information that is necessary to evaluate the proposed development. A separate written waiver request shall be required in accordance with the if •her„ ubsequent edtiitinna_ extensions. provisions ox i.i�in tin ,.. � o.� �,.. _.,_...._ , 975 or modifications to a development receiving a waiver. Eligibility for a waiver shall be determined if the applicant can conclusively demon- strate that: (a) The proposed development will not generate more than a 10 percent increase in the 2 -year pre -development peak discharge rate and will not cause an adverse impact on the receiving wetland, watercourse, or waterbody; or (b) A site is completely surrounded by existing developed areas which are served by an existing network of public storm drainage systems of adequate capacity with stable outfalls to accommodate the runoff from the additional development. Section 3.4 Variances. The County Engineer may grant a written variance from any requirement of Section 6.0 Stormwatar Management Criteria of this Ordinance if there are exceptional circumstances applicable to the site such that strict adherence to the provisions of,thie Ordinance will result in unnecessary hardship and not fulfill the intent of the Ordinance. A written request for variance shall be provided to the County Engineer and shall state the specific variances sought and reasons for their granting. The County Engineer shall not grant a variance unless and until sufficient specific reasons justifying the variance are provided by the person developing land. ARTICLE IV STORMWATER MANAGEMENT PLANS Section 4.1 Review and Approval of Stormwatar Management Plans. (a) Two (2) copies of the stormwater management plan or an applica- tion for a waiver shall be submitted to the Wash!ngton County Engineering Department by the developer for review and approval for any proposed development, unless otherwise exempted. The stormwater manugement plan shall contain supporting computations, drawings, and sufficient information describing the manner, location, and type of measures in which stormwater runoff will be managed from the entire development. The County Engineer shall review the plan to determine compliance with the requirements of this Ordinance prior to approval. The plan shall serve as the basis for £;11 subsequent construction. - 5 - 976 (b) Notification of approval or reasons for the disapproval or modification shall be given to the applicant within thirty (30) days after submission of the completed storm - water plan. The etormwater management plan shall not be considered approved without the inclusion of the signature _— and date of signature of the County Engineer on the plan. (c) In the event that the stormwater management facility will involve and/or may affect the existing utilities of others, additional copies of the stormwater management plan and supplemental data shall be submitted to the County Engineer for each utility involved. It will be the responsibility of the Washington County Engineering Department to include - the affected utility owner in the plan review and approval process. Section 4.2 Contents of the Stormwater Management Plan. The developer is responsible for submitting a stormwater management plan which meets the design requirements provided by this Ordinance. The plan shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the — proposed development on water resources, and the effectiveness and accept- ability of measures proposed for managing stormwater runoff. The developer shall certify on the drawings that all clearing, grading, drainage, con- struction, and development shall be conducted in strict accordance with the plan. The Professional Engineer who prepares the plan shall certify on the drawings that the plan meets the criteria set forth in this Ordinance. The - minimum information submitted for support of a stormwater management plan or application for a waiver shall be as follows: (a) Site characteristics: Cl) Topographic survey, including the immediate down- stream area if it is determined by the County Engineer that such information will be required for an adequate review of the plans and/or is required to determine the downstream effect from the stormwater management facility. (2) A description of all watercourses, impoundments, and wetlands on or adjacent to the site or into which storm- water flows. The description shall include the runoff characteristics as determined from actual on -site inves- tigations, interviews with property owners in the immediate vicinity, or interviews with any state or local agency that may have knowledge of the affected area. 977 (3) Soils investigation including borings if available or if required by County Engineer to determine adequacy of proposed infiltration facilities. (4) Structure classification, (as included in SCS Pond Standard 378). (5) Delineation of 100 -year floodplain, if applicable. (6) Location of utilities, both public and private. (b) Computations: (1) Hydrology; Hydraulic; and Stormwater Management Structures. In addition to the information listed above, stormwater management design plans shall include: (c) Stormwater management plans: (1) Vicinity map. (2) Drainage area map showing the watershed boundaries, drainage area, and etormwater flow paths. (3) Proposed improvements including existing and proposed contours, location of buildings or other structures, impervious surfaces, and storm drainage facilities, if applicable. In the instance of residential sub- divisions, individual residences and driveways need not be shown. (4) Location of Bench Marks used for design. (5) Structural details for all components of the proposed drainage systems and stormwater management facilities. (6) Timing schedules and sequence of development clearing, including stripping, rough grading, construction, final grading, and vegetative stabilization. (7) Location of existing and proposed easements and/or rights -of -way. (0) Construction specifications. (d) Other pertinent information as reasonably may be required. - 7 - Section 4.3 Design Revisions. (a) Changes in design cannot be permitted without prior written approval of the County Engineer and without the written approval of the Washington County Soil. Conservation District where a pond is involved. ARTICLE V PEP11ITS Section 5.1 Permit Requirements. A grading or building permit may not be issued for any parcel or lot unless a stormwater management plan has been approved or waived by the County Engineer as meeting all the requirements of this Ordinance, or unless the proposed development is exempted by Section 3.2 of this Ordinance. Section 5.2 Permit Suspension and Revocation. Any grading or building permit issued by the County may be suspended or revoked after written notice is given to the permittee for any of the following reasons: (a) Any violation(s) of the conditions of the atormwater manage- ment plan approval. (b) Construction is not in accordance with the approved plans. (c) Noncompliance with correction notice(s) or stop work order(s) issued for the construction of the stormwater management facility. (d) An immediate danger exists in a downstream area in the opinion of the County Engineer. Section 5.3 Pornit Conditions. In granting the plan approval, the County Engineer may impose such conditions thereto as may be deemed necessary to ensure compliance with the provisions of this Ordinance and the preservation of the public health and safety. -8- 979 ARTICLE VI ST0RMWATER MANAGEMENT CRITERIA Section 6.1 Minimum Control Requirements. (a) The minimum stormwater control requirements shall require that all developments provide: management measures necessary to maintain the post -development peak discharges for a 24 -hour, 2 -and 10 -year frequency storm event at a level that is equal to or less than the respective, 24 -hour 2 -and 10 -year pre -development peak discharge rates, through stormwater management practices that control the volume, timing, and rate of flows. Where runoff is discharged into an off -site atom - water management facility, the control requirements and procedures shall be in accordance with subsection 6.3 (c). (b) Stormwater management and development plans where applicable, shall be consistent with adopted and approved watershed manage- ment plans or flood management plans as approved by the Water Resources Administration in accordance with the Flood Hazard Management Act of 1976 (58-9A-01 et seq., Natural Resources Article). Section 6.2 Stormwater Management Measures. (a) Stormwater management measures shall be required to satisfy the minimum control requirements. The atormwater management practices to be utilized in developing a stormwater management plan shall be according to the following order of preference: (1) Infiltration of runoff on -site; (2) Flow attenuation by use of open vegetated swales and natural depressions; (3) Stormwater retention structures; and (4) Stormwater detention structures. (b) Infiltration practices shall be utilized to reduce volume increases to the extent possible as determined in accordance with infiltration standards and specifications established by the Water Resources Administration. A combination of succes- sive practices may be used to achieve the applicable minimum %..U/ILL V1 1LLit11L mLLC111.0• JVDILL lLdL1Vll AIIQil VC FJLUVlYCV ur Lilt person developing land for rejecting each practice based on site conditions. 980 ;F t`- Section 6.3 Specific Design Criteria. (a) Infiltration systems shall be designed in accordance to standards and specifications that are developed or approved by the Water Resources Administration and shall meet the following requirements: (1) Infiltration systems greater than 3 feet deep shall be located at least 10 feet from basement wall; (2) Infiltration ayctems designed to handle runoff from commercial or industrial impervious parking areas shall be a minimum of 100 feet from any water supply well; — (3) Infiltration systems may not receive runoff until the entire contributary drainage area to the infiltration system has received final stabilization; and (4) The stormwater management facility design shall pro- vide an overflow system with measures to provide a non -erosive velocity of flow along its length and at the outfall. (b) Retention and detention ponds shall be designed and constructed — in accordance with the criteria of the Soil Conservation Serv- - ice and shall include the following items: (1) Velocity dissipation devices shall be placed at the out - fall of all detention or retention structures and along the length of any outfall channel as necessary to provide a non -erosive velocity of flow from the structure to a watercourse. (2) If determined to be necessary by the County Engineer, the developer shall submit to the County Engineer an analysis of the impacts of stormwater flows downstream in the watershed. The analysis shall include hydrologic and hydraulic calculations necessary to determine the impact ii of hydrograph timing modifications of the proposed devel- opment upon a dam, highway, structure, or natural point of restricted stream low, established with the concurrence -- of the County Engineer, downstream of a tri5utary of the =- following size: — (i) The first downstream tributary whose drainage area equals or exceeds the contributing area to the pond; or (1i) The first downstream tributary whose peak die - charge exceeds the largest designed release rate of the pond. - i0 - 981 (3) The designed release rate of the structure shall be modified if any increase in flooding or stream channel erosion would result at the downstream dam, highway, structure, or natural point of restricted streamflow. (4) Small pond approval shall be obtained from the Soil Conser- vation District or the Water Resources Administration pursuant to Natural Resources Article 58-803(b). (c) Off -site structures to be considered: (1) Shall have a contributary drainage area not in excess of 400 acres winless, or. a case -by -case basis, a larger drainage area is approved by the Water Resources Admini- stration; (2) Shall manage the increase in peak discharges for the 2- and 10 -year frequency storm events, and (3) May not be located so as to discharge to Class III Natural Trout Waters identified in COMAR 10.50.01.02I, unless authorized by the Water Resources Administration in permits issued pursuant to Natural Resources Article 58-803. (d) The pre -development peak discharge rate shall be computed assuming that all land uses in the site to be developed are in good hydrologic condition and shall be based on the average use of the land in question fcr the five (5) years preceding the proposed change in the utilization of said land. (a) The developer shall give consideration to incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales, and depressions as they exist prior to development to the degree that they can accommodate the additional flow of water. (f) The County Engineer shall give preference to the use of swales in place of the traditional use of curbs and gutters based on a case -by -case review of stormwater management plans. (g) Where a stormwater management plan involves redirection of some or all runoff off the site, it shall be the responsibility of the developer to obtain from adjacent property owners any ease- ments or other necessary property interests concerning flowage of water. Approval of a atormwacer management plan does not rrnnt_n nr affart any onrl, rfnhtn_ ' • II 982 {1 (h) The basic design criteria, methodologies, and construction specifications, subject to the approval of the County Engineer and the Water Resources Administration, shall be those of the Soil Conservation Service, generally found in the most current edition of the following publications or subsequent revisions: (1) "Urban Nydrology for Small Watersheds", Technical Release No. 55, January, 1975. (2) "Storm Water Management Pond Design Manual", Maryland Association of Soil Conservation Districts, June, 1975. �I (3) "Soil Conservation Service Engineering Field Manual", latest edition, as applicable. (4) "Soil Conservation Service Standard and Specification for Ponds", Specification No. 378, July, 1981. ARTICLE VII SURETY REQUIREMENTS Section 7.1 Type of Security. The Board of County Commissioners may require a performance surety in accordance with existing subdivision regulations. The developer may submit a separate surety for stormwater management or may include these facilities in the public improvements guarantee. The surety shall be in a form acceptable to the Board of County Commissioners. Section 7.2 Conditions of Surety. Surety so required in this Article shall include provisions relative to forfeiture for failure to complete work specified, compliance with all provisions of this Ordinance and other applicable laws and regulations, and any time limitations. The surety shall remain in full force and effect until completion of work to approved plans and specifications. The amount of the surety shall not be less than one -hundred percent (100%) of the contract cost of the stormwater management facilities involved. A provision may be made for partial release of the deposit or the amount of the surety upon completion and acceptance of the various areas of development as specifically delineated, described, and scheduled on the romi4rurl nlnna nnrl a..or4f{neh•(nnn - 12 - ;tfl. =.ASS INSPECTION Section 8.1 Inspection Responsibility. Construction of all stormwater management facilities shall be subject to inspection by the County Engineering Department. Al]. inspection methods and procedures used shall be in conformance with the Maryland Water Resources Administration Regulation COMAR 08.05.05.09. Section 8.2 Inspection Reports. The Washington County Engineering Department shall be responsible for keeping a record of each inspection and any disapprovals or contingent requirements. A final report shall be filed with the Washington County Engineering Department on behalf of the County with a copy to the Washing- ton County Soil Conservation District. The report shall contain the developer's engineer's certification of compliances as well as any "as -built" plans, supplementary inspection reports, and laboratory or field testing results. Section 8.3 Conditions of Approval. The developer may be required to submit "as -built" plans of storm - water management facilities certified by an engineer as meeting or exceeding the requirements of the approved plans and specifications. The developer shall submit on the as -built plane a schedule of maintenance to indicate proper maintenance procedures for private facilities not subject to public ownership and maintenance. The County Engineer shall determine the necessity for the submission of "as -built" plans for each specific project and shall specify the infor- mation to be included on such plans. Section 8.4 Inspection for Preventive Maintenance. (a) Preventive maintenance shall he ensured through inspection of all infiltration systems, retention, or detention struc- tures by the County Engineering Department. The inspection shall occur during the first year of operation and at least once every three (3) years thereafter. (b) Inspection reports shall be permanently maintained by the County Engineering Department. - 13 - 984 ARTICLE IX MAINTENANCE Section 9.1 Commercial, Industrial, or Institutional Developments. Stormwater management facilities in commercial, industrial, or institutional developments shall be privately maintained. A maintenance agreement specifying maintenance responsibilities and procedures shall be executed among all property owners in the devel- opment, and shall be binding on all subsequent property owners. Said maintenance agreement shall be submitted to the County Engineer for review and approval concurrent with the developer's engineer's certifi- cation of compliances. The maintenance agreement shall provide that the Washington County Engineering Department shall have access to periodically inspect storm - water facilities and to require any maintenance actions necessary to ensure proper functioning. Failure to perform maintenance as determined necessary by the County Engineer shall be considered a violation of this Ordinance. Section 9.2 Residential Development. Stormwater management facilities in residential developments shall be accepted for maintenance by the County after the following requirements have been met: (a) All construction work shall be completed in accordance with the approved plans and specifications, including the estab- lishment of an acceptable stand of vegetation where required. (h) An acceptable fee simple deed to the land on which the facility is situated shall be presented to the County. The area deeded shall include adequate access to and access around the facility for purposee of maintenance. Unless otherwise approved by the County Engineer, the access to or around the facility shall not be less than twenty (20) feet wide. (c) Upon County acceptance of all construction work and required deeds, the developer will, be required to provide to the County a twelve (12) month guarantee of all workmanship and materials used in the construction of the facility. The guarantee shall be in a form of surety acceptable to the Board of County Commissioners and the amount of the surety shall be as established by the County Engineer. .. 14 - ii ei iS W11..I (d) As applicable, the procedure for the County acceptance of stormwater management facilities and the furnishing of the required twelve (12) month guarantee for same shall be the same as those in effect for other public improvements in residential subdivisions. When practical, this acceptance and guarantee shall be simultaneous with the acceptance and guarantee of those other subdivision improvements. (e) The developer shall be responsible for the maintenance of the atormwater management facility and for any corrective work required on same during the construction of the facility and for any corrective work required during the aforementioned twelve (12) month guarantee period. ARTICLE X APPEAL Appeal by any person aggrieved from any action of the County Engineer shall be to the Board of County Commissioners. The Board of County Com— missioners shall grant a public hearing to the appellants within fifteen (15) days after receipt of written notification that such an appeal is being taken. The County Engineer shall furnish the County Commissioners all data and information in connection with its official action. Within fifteen (15) days from the date of hearing of such appeal, the Board of County Commissioners shall notify the appellants and the County Engineer, in writing, of its action. ARTICLE XI SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reasoa held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion of this Ordinance; it being the intent of the County Commissioners of Washington County that this Ordinance shall stand, notwithstanding the invalidity of any section, subsection, sentence, clause, phrase, or portion hereof. �- 15 - 986 A rTrT.F !rT7 VIOLATIONS Any person convicted of violating the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than Five Hundred Dollars ($500.00) for each and every violation with costs imposed at the discretion of the court. Each day that the violation continues shall be a separate offense. In addition thereof, the Board of County Commissioners of Washington County may institute injunctive, mandamus or other appropriate action or proceedings at law or equity for the enforcement of this Ordinance or to correct violations of this Ordinance, and any court of competent juris- diction shall have the right to issue restraining orders, temporary or permanent, injunctions or mandamus or other appropriate forms of remedy or relief. ARTICLE XIII ADOPTION e„W&s}4ngton County Stormwater Management Ordinance is hereby ado`pte .on thlo rJ - day of , 19 Fj, and betomed effective the � day o , 19 _ _ Iqq-•!Coneld L-. Boers, President of the oard f County Commissioners of Washin4tonn.,Countyj do hereby certify that the within Stormwater Manage— ment,tlydinance`was uianimously adopted the County Commissioners of WaahiAgit n ttudty,..11aryland, on5b , 19 . Ronald L. were, President Board of County Commissioners of Washington County, Maryland ATTEST: Knthryn Short. C erk Board of County Commissioners of Washington County, Maryland - 16 JULY 24, 1984 MINUTES, CONT'D. II I I LI I I s SANITARY SEWER HOUSE CONNECTIONS/MAUGANSVILLE PROJECT Glenn Dull, County Engineer, appeared be ore the CommTssioners to request a decisions concerning the matter of allowing new connections in both the Maugansville and Orchard Hills areas once the sewer work is completed and the streets are restored. He said that Roy Showalter, owner of an undeveloped property, has applied for a building permit, and if the permit is issued, the recently completed roadway would have to be cut to make the necessary sewer connection. Palmer Dawson, Sanitary Commission Administrator, explained that there are at least three others in the Maugansville area who will be applying for sewer services, and that these would also involve cutting of recently completed streets. MOTION made by Commissioner Roulette, seconded by Salvatore to grant a waiver from county policy to Mr. Roy Showalter, and permit him to make the necessary sewer connection to his property, and to consider all such requrests in the future on a case -by -case basis. Motion carried with Commissioners Roulette, Salvatore, Downey and Snook voting "AYE" and Commissioner Bowers voting "NO". BOARD OF EDUCATION BUDGET REVISIONS Wayne Stouffer, Finance Manager for the Board of Education, appeared before the Commissioners to explain the changes made by the Board to its budget as a result of the reinstatement of the elementary instrumental music program at a cost of $235,364. In answer to the Commissioners' inquiries, he stated that the added $51,690 from FY 1983 surplus being used to balance the FY 1985 budget, would hope- fully be returned to surplus after the FY 84 audit is completed, and this would be shown in the revised budget submitted to the County Commissioners for approval in January. BOARD OF EDUCATION ROOFING PROJECTS Ralph Giffin, Director of schools maintenance and operations, submitted a list of roofing and capital projects that should be considered for completion within a year at an estimated cost of $575,000 for roofs and $1.9 million for miscellaneous projects. Wayne Stouffer explained that the Board had a cash flow surplus of 1 million dollars at the end of the current fiscal year that was not needed immedi- ately and could be used to finance some of the above projects and be reimbursed from the planned $4.5 million bond issue. MOTION made by Commissioner Downey, seconded by Roulette authorizing the Board of Education to proceed with the roofing projects proposed this date, and as many of the prioritized capital projects that can be funded within the limits of the Board', cash flow surplus, with this money to be reimbursed from the proceeds of the bond issue. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Roulette to convene in Executive Session at 10:35 a.m. in regard to property and personnel matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Comm ssioner Roulette, seconded by Salvatore to reconvene in Regular Session at 11:20 a.m. Unanimously approved. EMPLOY WEIGHMAS'PER INSPECTOR FOR LANDFILL Motion made by Commissioner Salvatore, seconded by Roulette to accept the recom- mendation of the Landfill Director and employ Charles S. Zies in the position of w.tahmaster/Insaector. Unanimously approved. EMPLOY MAINTENANCE MAN FOR PARKS Motion made by Commissioner Roulette, seconded by Salvatore to accept the recommen- dation of the Superintendent of Parks and employ Artie Hoffman in the position of Maintenance Man I1. unanimously approved. ADDITIONAL LOCAL FUNDS FOR TITLE 1X GRANT Motion made by Comm.Coner Downey, seconded by Roulette to allocate $2500 to Tr - County Council as an addition to the local match for an E.D.A. Title IX grant, which will be used to finance a strategy study for dealing with severe and sudden ].av-offs, with said matching funds to be allocated when the programs gets underway. Unanimously approved. ADJOURNMENT Motion made by Commissioner Snook, Unanimously appr ed. C y At orney v seconded by Roulette to adjourn at 11:25 a.m. �`t� Clerk July 31, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the Vice President, Richard E. Roulette, with the following members present: R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE 'fhe Invocation was delivered by Commissioner Downey, followed by the Pledge of Alle- giance to the Flag by the full Assemblage. ACTING DIRECTOR - COMMISSION ON AGING BOARD Motion made by Commissioner Snook, secon a by Salvatore to confirm the appointment of Ronald Pike to serve on an interim basis as a member of the Board of Directors of the Washington County Commission on Aging/Area Agency on Aging, representing Western Maryland Hospital Center, until such time as a new Director is appointed for the Center. Unanimously approved. APPOINTMENT TO COFFMAN HOME BOARD Motion made by Commissioner Salvatore, seconded by Snook to appoint Delbert Summervi to serve as a member of the Coffman Home Board to fill the unexpired term created by the resignation of Russell Keener to 1987. Unanimously approved. MUNICIPALITIES TO ADOPT STORMWATER MANAGEMENT ORDINANCE Motion made by Commissioner Downey, seconded y a va re to notify the Washington County municipalities that, if they desire to adopt the County's Stormwater Manage- ment Ordinance, the County Government will administer and enforce the Ordinance through its Engineering Department. Unanimously approved. LOAN TO BOONSBORO AMBULANCE CLUB After lengthy discussion oTie request from the Boonsboro Ambulance Club for a loan of $45,000 to purchase a new ambulance, a MOTION was made by Commissioner Salvatore, seconded by Downey and unanimously approved, to lend the Club a maximum of $25,000 to be repaid over a three-year period, and to appropriate the funds for the loan from the fire and rescue loan funds. AGREEMENT RE CONVEYANCE OF SURREY SCHOOL TO HOSPITAL Mot on made hy Commissioner Salvatore, seco ed_By Snook to approve of the agreement as amended and clarified this date, transfer of title of the former Surrey School property to the Washington County Hospital Association, and to so advertise the county's intention to proceed with this conveyance. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion— -by Comm aaioner Salvatore, seconded by Downey to convene in Executive Session at 9:30 a.m. in regard to property and personnel matters and potential litigation, pursuant to the authority contained in Article 76(A), Section 11(a) (6 fi 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION I 0 on ma e y ..ornmis oner Snook, seconded by Downey to reconvene in Regular Session at 10:00 a.m. Unanimously approved. CONTRIBUTION TO WILSON BRIDGE RESTORATION PROJECT e e Donnelly, -Chin pe=son of Save-fiE WiTson'Bridge Committee", appeared before the Commissioners to jJLeeeut tho m with a ^her" yr, the amount of $1400. She said that the money was from private donations for the Wilson Bridge restoration project. Commissioner Lee Downey accepted the check an behalf of the County and its citizens, expressing appreciation to the committee for its diligent efforts towards saving the Wilson bridge. AGREEMENT OF RESTITUTION - RTCHRRD F. KLINE, INC. Robert HesseTlbacEF, AsatstantAAttorney General with the Anti -Trust Division, appeared before the Commissioners to announce that the State had reached an agree- ment with Richard F. Kline, Inc., in which the construction company has promised to repave $175,000 worth of Washington County roadways as restitution for conspiring to rig Dias on p,.,ts is n^d b' the mmnty government. He also stated that the Attorney General's Office will recommend to the state Board of Puhll,r_ works that Kline not be excluded from future state contracts, but that it would be up to local officials to decide whether they wanted to bar the firm from bidding on County work. The Commissioners expressed their appreciation to Mr. Hesselbacher for the state's efforts on the county's behalf. I El': I I JULY 31, 1984 I; MINUTES, CONT'D. I I 1 I L CHANGE ORDER - DETENTION CENTER DEMOLITION CONTRACT Motion made by Commissioner Salvatore, seconded y Snook to approve of a Change Order to the old Detention Center Demolition Contract to increase the contract sum from $16,000 to $20,500, which is to be considered as compensation in full for equipment/furnishings removed from the premises that were not on the county's reserve list, and to include the iron fencing on the outside of the building as the property of the contractor. Unanimously approved. ALLOCATE FUNDS FOR POSTAGE MACHINE PURCHASE Motion made by Commissioner Snook, seconded by Salvatore to allocate $4700.00 for the purchase of a new postage/mailing machine, with this amount to be appropriated from Fund Balance. Unanimously approved. BID OPENING - ROADS, LANDFILL, COUNTY COMMUTER EQUJPMENT Bids for the Roads Department, Landfill and County Commuter were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: John C. Lewis Co., Inc. - 2 Chemical & Materials Spreaders, $7,147 per unit, $14,294 total; Self-propelled Asphalt Paver, $24,515; Vibratory Roller, $29,759. Unimog Sales - 2 one-way snow plows, $5,580 per unit, $11,160 total. Lehnert Transport Equipment Co. - 2 one-way snow plows, $3,800 per unit, $7,600 tota'l 2 Chemical & Mater a s Spreaders, $9,230 per unit, $18,460 total; Utility Body, $4,000. Valley Supp1yquipinent Co. - Landfill Compactor, $158,000. Massey Ford - 2 1985 chassis and cabs th dump bodies, $49,286, total $98,572.90. Pow en Equipment - Landfill Compactor, $134,893. Hoffman Chevrolet - 1985 four -door sedan, $10,153, one -ton chassis and cab, $14,539;fl hal -ton pick-up trucks, $9,946 per unit, $19,892 total; 4 -wheel drive utility vehicle, gasoline - $13,964, diesel - $15,574. Antietam Equipment Corporation - 2 one-way snow plows, $3,449 per. unit, $6,898 total; utility body, $3,422; 2 chemical and material spreaders, $6,783.25 per unit, $13,566.50 total. Alban Tractor Corp., Inc. - wheel tractor scraper $211,766; compactor, $141,032. Mack Interstate Truckin Inc, - 2 1985 chassis and cabs, $56,211 per unit, $112,422 total. Somerset Weiding and Steel Inc. - utility body, $4,100; 2 chemical and material spreaders, $9,975 per unit, 19,950 total= service truck, $31,991. Martin Truck Corp. - 1 -ton chassis and cab, $11,688; 2 , h -ton pick-up trucks, $10,367 per unit, $20,734 total; 2 1985 chassis and cabs, $47,400 per unit, $94,800 total and $48,776 per unit, $97,552 total; 4 -wheel drive utility vehicle, gasoline $13,850, diesel $15,524; service truck, S31,137. Frey Motors - 2 1985 chassis and cabs - $52,383 per unit, $104,766 total. The bids will Ee-reviewed by appropriate officials prior to a decision being rendereq. BID OPENING - TRAFFIC PAINT AND BEADS Bids for traffic paint and beads for the Roads Department were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Flex-O-Lite - traffic beads - $10.916 per 50 lb. bag. Waynesboro Builders Supp1- yellow paint, $3.93 per gallon, white paint, $3.90 per gallon. Potters Industries - traffic beads, $11.634 per 50 lb. bag. Redland Prismo - yellow pant, $4.28 per gallon, white paint, $4.88 per gallon. The b s will be reviewed by appropriate officials prior to a decision being rendered. CHANGE ORDER - COURT HOUSE ROOFING CONTRACT Motion made by Commissioner Salvatore, seconded by Snook to approve of a Change Order to the Court House Roofing Contract for replacement of the entire roof for an increase of $10,580 to the contract sum,due to deterioration of the wood edging that. was unforseeable until the project was underway. Unanimously approved. PUBLIC HEARING - REZONING CASE 287 The Vice President convened the Meeting in a joint Public Hearing with the Planning commission at 11:30 .}.a. Lo c .siacr uezcning Cne- 287. William E. Wolford, Jr., Chairman of the Planning Commission, announced that the Hearing today was a con- tinuance of the Public Hearing held on June 1.1, 1984, and was being held to permit any resident of Washington County to appear and testify concerning the application of Richard E. Shank for a rezoning classification of the property located on the southeast side of Maryland Route 60, approximately 1000 feet east of Longmeadow Road, consisting of 4.271 acres, from its present Business, Local (BL) zoning to Business, General (BG) zoning, with conditions. Mr. Wolford further stated that the conditions were that the property could not be used for truck or motor freight terminals, skating rinks, or bowling alleys. Mr. Richard Shank spoke in favor of his application. There being no one else present to speak neither for nor against Lh __ r!c F.`., -i7 »nnnnnrnll thnt the Record would be kept open for ten (10) days for testimony to be submitted in writing, after which time the Planning JULY 31, 1984 MINUTES, CONT'D. Commission would submit its recommendation to the County Commissioners for a decision. Commissioner Roulette closed the Hearing at 11:45 a.m. and reconvened the Meeting in Regular Session. ADJOURNMENT Motes made by Commissioner Salvatore, seconded by Snook to adjourn at 11:45 a.m. Unanimously approved. 44kr p Cow., Y Attorney August 7, 1984 Hagerstown, Maryland 21743 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 10:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard. E. Roulette and Commissioner R. Lee Downey. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Alle- giance to the Flag by the full Assemblage. MINUTES OF COUNTY COMMISSIONERS MEETINGS Notion made by Commissioner Downey, seconded by Roulette to approve of the Minutes of the County Commissioners' Meetings of June 26, July 3, 10, and 17, 1984, as submitted. Unanimously approved. AWARD BIDS FOR LANDFILL EQUIPMENT Notion made by Commissioner Downey, seconded by Roulette to award the bids for land- fill equipment as follows: Wheel Tractor Scraper to Alban Tractor who submitted the low net bid of $186,766; Compactor to Powlen Equipment who submitted the low net bid of $105,893. Unanimously approved. BLOCK GRANT APPLICATION FOR SHARPSBURG/KEEDYSVILLE SANITARY SEWER PROJECT Motion made by Commissioner Downey, seconded by Roulette to submit an application to HUD for a Community Development Block Grant in the amount of $500,000 for the Sharpsburg/Keedysville Sanitary Sewer District Project. Unanimously approved. ADDITIONAL OVERLAY - CLOVERTON SUBDIVISION Motion made by Commissioner Roulette, seconded by Downey to approve of overlaying an additional .6 mile of roadway in the Cloverton Development near Williamsport, providin this can be accomplished within the $175,000 restitution agreement with the Richard F. Kline Company. Unanimously approved. ADVANCE FUNDS TO SANITARY COMMISSION - HIGHFIELD WATER PROJECT Motion made by Commissioner Downey, seconded by Roulette to advance $5,000 to the Washington County Sanitary District for easement acquisition relating to the Highfield Water Project, with this amount i-v e'paid ron the proceeds of the varmera Home Administration loan. Unanimously approved. TAX ABATEMENT - SHELL BUILDING M2 Motion made by Commissioner Roulette, seconded by Downey to approve of the abatement of taxes for Shell Building #2 in the Washington County Industrial Park, in the amount of $5,423.69 until such time as this property becomes occupied. Unanimously approved. AWARD BIDS - ROADS DEPARTMENT EQUIPMENT Motion made by Commissioner Roulette, seconded by Downey to award the bids for the O!Tiing Roads Department equipment to Hoffman Chevrolet who submitted low bids: t 19 4 -door sedan - �:� �2 a F- < ktrv-1," - S1q.R92: one -ton chassis S tl� $lv,�.i.ii "-, c -o - cab with diesel engine and utility body - $14,539. Unanimously approved. Motion made by Commissioner Downey, seconded by Roulette to award the bids for the ?o1iowing Roads Department equipment to John C. Louis who submitted the low bids: Asphalt paver - $24,515; vibratory roller - $29,759. Unanimously approved. Motion made by Commissioner Roulette, seconded by Downey to award the bids for the •o owing Roads Department equipment to Antietam Equipment who submitted the low bids: two snow plows - $6,898; two chemical spreaders - $13,566. Unanimously approved. I I I I I AUGUST 7, 1984 MINUTES, CONT'D. [Ii I I OBJECTION TO SPECIFICATIONS FOR CHASSIS & CABS David Burch, fleet manager for Massey Ford, voiced his objections to the specifica- tions used by the Roads Department for the two (2) chassis and cabs with bodies and 3208 CAT diesel engines. He said that they were restrictive in that only a Mack product could meet them. He also stated that the exceptions taken to the specs by Massey Ford were not major and would not in any way effect performance or quality. He requested that the equipment be rebid using nonrestrictive specifications. The Commissioners took the matter under advisement pending a review of the specificatio by appropriate officials. AWARD BID - LANDFILL VEHICLE Motion made by Commissioner Downey, seconded by Roulette to award the bid for a four-wheel drive vehicle for the Landfill Division to Martin Truck Corporation who submitted the low bid of $15,524. Unanimously approved. AWARD BID - TRAFFIC PAINT AND BEADS Motion made by Commissioner Roulette, seconded by Downey to award the bids for traffic paint to Waynesboro Builders who submitted the low bids of $3.93/gal. for yellow paint and S3.90/gal. for white paint and to Flex-O-Lite who submitted the low bid of $10.916/50 lb. bag for traffic beads. Unanimously approved. PUBLIC HEARING - RESOLUTION RESTRICTING/PROHIBITING PARKING The President convened the Meeting in Public Hearing at 11:00 a.m. to permit any citizen of Washington County to appear and give testimony in regard to a proposed resolution by the County which would provide for the restriction, limitation, or prohibition of parking or stopping of vehicles on public highways. Mr. and Mrs. A. N. Henson of Day Road spoke in favor of the resolution, citing problems they currently experience with getting in and out of their driveway. Arthur Schneider, Attorney for Oak Ridge Park Apartments and Gardens, proposed that the statute be broadened to include parking on private property under certain conditions. There being no further testimony for nor any testimony against the resolution, the Pres- ident announced that the Record would be held open fcr ten (10) days for additional comments to be submitted in writing. fie closed the Hearing at 11:30 a.m. and recon- vened the Meeting in Regular Session. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 11:30 a.m. in regard to property and personnel matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Downey, to reconvene in Regular Session at 12:30 p.m. Unanimously approved. EMPLOY ACCOUNT CLERK I Motion made by Commissioner Downey, seconded by Roulette to accept the recommenda- tion of the Accounting Supervisor and employ Janet Walkley in the position of Accounting Clerk I to fill the vacancy created by the resignation of Yvonne Knight. Unanimously approved. LOAN AGREEMENT WITH DECD Motion made by Commissioner Roulette, seconded by Downey to approve of the Agreement with the Department of Economic and Community Development for $100,000 Maryland Appalachian Housing Fund (MAHF) funds for Maugansville/Orchard Hills Sewer Hook-up Program for landlords. Unanimously approved. OPTION ACG Hh t•MC N'1'S - t1UWr.K AVtLNUL UNAiNAI,r P UJLL1 Motion made by Commissioner Downey, seconded by Roulette to approve of the following option agreements in connection with the Bower Avenue Drainage Project: Mr. & Mrs. Lester A. Kline - convey in fee simple 1,104 sq. ft., convey revertible easement 256 sq. ft., for the sum of $700; Mr. & Mrs. Melvin L. Praff - convey in revertible ease- ment 500 sq. ft. for the sum of $500; Mr. & Mrs. Richard L. Baker - convey in fee simple 1,392 sq. ft., convey in revertible easement 480 sq. ft., in addition to supplemental letter dated April 24, 1984, for the sum of $925; Quinton V. Frey, James F. Sheehan and Bobby R. Stoker, T/A Aberdeen Associates - convey in fee simple 1,136 sq. ft., for the sum of $275; New York Life Insurance Company - convey in fee simple 2,112 sq. ft.., convey in perpetual easement 1,056 sq, ft.. for the sum of 5475. Unanimously approved. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Downey to adjourn at 12:35 p.m. Unanimously approved. C y Attorney I'. /`�_ Clerk August 21, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioner Martin L. Snook.'; INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers followed by the Pledge of Alle- giance to the Flag by the full assemblage. PROCEED WITH CONVEYANCE OF FORMER SURREY SCHOOL Motion made by Commissioner Roulette, seconded by Snook to proceed with the conveyance of the former Surrey School Property to the Washington County Hospital Association, in accordance with the provisions of the published notice for transfer of this property, and subject to the approval of the State Board of Public Works. Unanimously approved. REZONING CASE 287 After due consideration of all the matters and facts adduced at the Public Hearing held on July 31, 1984, and based upon the recommendation of the Planning Commission, a MOTION was made by Commissioner Roulette, seconded by Snook and unanimously adopted, to APPROVE of the application of Richard E. Shank for a zoning reclassification of the property located along the south east side of Maryland Route 60, approximately 1000 feet east of Longmeadow Road, from Business, Local (BL) to Business, General (BG1 conditioned on the property not being used for truck or motor freight terminals, skating rinks or bowling alleys, and to adopt the findings of fact of the Planning Commission in this case as the findings of fact of this Board. OVERLAY PROJECT - AIRPORT RAMP Motion made by Commissioner Snook, seconded by Roulette to award the contract for overlaying the Chautauqua Airlines ramp to Craig Blacktopping who submitted the low proposal of $13,100. Unanimously approved. "OBC BOND ISSUE - SINGLE FAMILY MORTGAGE PROGRAM Motion made by Commissioner Roulette, seconded by Snook to participate in the State's On Behalf Of Bond Issue for single family mortgages in the maximum amount available to Washington County of $1,457,500, and to authorize the President of the Board to sign the Financial Participation Agreement for a county contribution of $3,532.17. Unanimously approved. AMENDMENT TO PROGRAM OPEN SPACE Motion made by Commissioner Snook, seconded by Roulette to amend the 1984 Program Open Space to include the acquisition of 1.1 acres of land including a utility build- ing, adjacent to Shafer Park in Boonsboro, at an estimated cost of $65,000. Unanimous. approved. At this time Commissioners R. Lee Downey and John R. Salvatore arrived at the Meeting CLOSING OUT SALE -- CLAYTONS Motion made by Commissioner Snook, seconded by Roulette to approve of the application of Clayton's in the Valley Mall to conduct a Closing -Out Sale, with the proposed opening date of August 20, 1984. Unanimously approved. REQUEST UTILITY RATE REVIEW Motion made by Commissioner Salvatore, seconded by Roulette to request the Public Service Commission to conduct an informal review of the City of Hagerstown's current rate structure for county water and sewer customers, to determine if these rates are ramnnnAhls.. Unanimously approved. REVIEW BIDS FOR ROADS DEPARTMENT DUMP TRUCKS David W. Burch, Commercial/Fleet Manager for Massey Ford, appeared before the Commis- sioners to submit a statement comparing Mack Trucks and Ford specifications relative to the recent bid for two (2) chassis and cab: with dump bodies for the Roads Depart- ment. Mr, Burch said that Ford met or exceeded all load carrying and drivetrain components, and that the only exceptions taken were for items that had no bearing on the performance of the vehicles. The Commissioners agreed to give the information their consideration prior to awarding the contract. ADOPTION OF PARKING RESOLUTION After due consideration of all the matters and facts adduced at the Public nearing held on August 7, 1984, a MOTION was made oy Commissioner Roulette, seconded by Salvatore and unanimously passed to adopt a Resolution to provide for the restriction, limitation, or prohibition of parking or stopping of vehicles on public highways. (Copy of Resolution attached.) RECESS The Meeting was recessed at 10:00 a.m. for a ceremony in the Court House corridor for dedication of the Freedom Shrine donated 1,y the Hagerstown Exchange C'luh. I I I 1 C WASHINGTON COUNTY ROADS DEPARTMENT p/ NORft1IRN AVENUE •4.iO3MTOYl. MARYMNO 21740 Temo (301) 7$1-3140 The Court House esRVr10 w^S"v GTON Co1SiTY si1Ce 1072 October 31, 1984 MEMORANDUM TO: Barry Teach FROM: J. Theodore Wolfor RE: Locations of Pos "No Parking Signs" Attached please find the list of "No Parking Signs" that have been posted as of this date. This is in reference to the Parking Ordinance to be adopted by the County Comissioners. JW: dm n CENTRAL SECTION NO PARKING SIGNS AD NO. OF SIGNS Northern Avenue City Line - Pa. Ave. West bound - North side 1 No Parking Anytime 7: a.m. - 5 p.m. Non. -Fri. Except Holidays 7 No Parking 1}}} No Parking Hare to Corner (2) No Parking 4----•-; Northern Avenue East Bound South side (7) No Parking F-----� (2) No Parking or --+� Standing Oak Hill Avenue Dead End (North End) (1) No Parking Anytime The Terrace (North End) (3) No Parking Anytime Fountainhead Road at Country Club (1) No Parking Anytime Showalter Road Pa. Ave. - Inter. #81 North side in front Fairchild (16) No Parking ti-- • ,y Southside ( ...i1) No Parkinc1 E.—.-._.�.�1 Maugans Ave. South side Main St. to School (3) No Parking h._____,1 Main St. across from Fire Hall (3) No Parking New Detention Center Rd. to Rd. End S3) No Parking Anytime Rt. 0144 to Dead End k2j) Emergency Parking Only Armstrong Ave. from Co. Line to Rt. N11 both sides Rd. (2) No Parking Anytime (1) No Parking --•---, Greenberry Rd. from Rt. #11 to Sherman Ave. (2) No Stopping or Standing (1) No Parking Lincoln Ave. from Rt. #11 to Lexington in front of Fire Mall (2) No Stopping or Standing Payer wa,,,��e _ CENTRAL SECTION Rt�AD NO. OF SIGNS Englewood R. South side Rt. #11 to Sherman Ave. (1) No Parking Here to Corner Lincolnshire Rd. from Lin. Ave. to school (both sides) (3) No Parking Lincolnshire Road continued (1) No Parking from Hare to Corner (12) No Parking 8:00 -8:30 a.m. - 3:00-3:30 p.m. - Except Sat.. Sun.. Holidays Lincoln Ave. corner at Lincolnshire Road (1) No Parking Here to Corner (1) No Parking 8:00-8:30 a.m — - 3:00 -3:30 p.m. Except Sat., Sun. Holidays West Oak Ridge Dr. from Rt. #632 (Both sides) to Horn's Corp. (8) No Parking—) Garden Lane - Dead End (4) 2 hour Parking Limit Nursery Road (South side) from Stotler Rd. (5) No Parking Gov. Lane Blvd. from Rt. #11 to Doub Rd. (4) No Parking 5 No Parking from Certain Teed to Doub Rd. Brookmead Dr. from Rt. #11 to End of Curve (3) No Parking (11 Mn Parkin Here to Corner Natural Wells at Dam #4 Rd. (North side) (l) No Parking (1) No Parking Here to Corner East Oak Ridge Or. North Side from Rt. l65 to R.R, (3) No Parking Bell Dr. from Hebb Rd. to top of Hill (both sides) (4) No Stopping or ;F Standing I{ _ -'. 1 Funkstown 5cnao► Kd. - teDb Rd. u 5GnUu1 �w an 5iv6j /w1 MD�..t.4 - •w a (7) No Stopping or Standing Locust Court to dead end (Funkstown) south side (2) No Stopping or Standing (1) No Parking Here to Corner CENTRAL SECTION ROAD NO. OF SIGNS Locust Court to dead end (Funkstown) north side (1 ) No Parking Here to Corner (3) No Stopping or Standing Queen Anne's Court from Abbey Lane to dead end (north side) (2) No Parking Redwood Circle from Rt. #40 to Middle of Block (east side) (4) No Parking Anytime (west side) (1) No Parking Here to Corner Cornell Ave. at Rt. #40 (1 each side of Rd.) (2) No Parking Here to Corner Mt. Aetna Rd. from City Line to South Colonial Dr. (5) No Parking <----) West side (7) No Parking (---4 East side Halfway Blvd.-hopewell Rd. to Rt. 0632 (south side) (7) Emergency Parking Only (north side) (7) Emergency Parking Only Gov. Lane Blvd. - Doub Rd. to Rt. #68 (south side) (1) Emergency Parking Only north side) (1) Emergency Parking Only Kemp's Mill - Intersection Walnut Point Rd. (south side) (2) No Parking Independence Rd. at Bridge in front of Raceway north side) 3 No Parking Anytime (south side) 1 No Parking Anytime RYYY-.. v-- at dead end No Parking 4 14l No Stopping or Standing Robinwood Dr. - College Plaza to Sunrise Blvd. east side No Parking west side �6� 4 No Parking Robinwood Dr. near Rt. 064 east side) (1) Emergency Parking Only (west side) (1) Emergency Parking Only Meadowlark Ave. at Robinwood Intersection (1) No Parking Here to Corner Waltz Rd. - Rt. #62 to R.R. (east side) (3) No Parking High Rork Rd. dead end to ¼ road length (both sides) (8) No Parking Industrial Dr. from Rt. #11 to Rt. #11 (north side) (1) No Parking Trucks (9) No Parking (- (4) No Parking Here to Corner South sloe CENTRAL SECTION ROAD Industrial Dr. from Rt. #11 to Rt. #11 continued Basore Dr. close to Oaks Rd. Intersection Oaks Rd. NO. OF SIGNS ' (9) No Truck Parking --r"'�j (2) No Parking Anytime 4—) (Replace) 1 No Parking (C... (1) No Parking . Faye, a ..anti nued EASTERN SECTION ROAD NO. OF SIGNS Mt. Lena Rd. north side of road at bus turn around east bound approximately 300froz Rt. #40 Cl) No Parking ?--•- Lums Lane from.Mt..Lena to dead end (3) No Parking. Tom Rd. at bus turn around at one lane bridge (1) Parking L C. ,.•• .�I YIIIY I:Y SOUTHERN SECTION ROAD Washington Monument Rd. at 40A (west side of road) Sandy Hook Rd. (north side of road) west bound across from R.R.) at bus turn around north side of road west bound) Hoffmaster Road at Harpers'Ferry Rd. (east side of road going north on Hoffmaster Harpers Ferry Rd. from curve to top of hill both sides of road Harpers Ferry Rd. at Dargan School Rd. #2 Shinham Rd. at bus turn around Is mile from Dargan lit ramp on right side of road Dargan Rd. #2 Live Kiln Rd. at bus turn around Harpers Ferry Road to Canal Rd. just west of one lane bridge on both sides of road Toe ytown Road at R.R. Crossing Taylors Landing Rd. at dead end NO. OF SIGNS (1) No Parking Here to Corner JIJ No Parking —_ (1 t No Parking 1, No Parking (1) No Parking 4) (1) No Parking —Sj (3) No Parkins 4-) Installed (6) (1) No Parking Here to Corner (1) No Parking ( ) 1 No Parking Drivers Only 1 No Parking Fire Zone 1 No Parking --) 1 No Parking E-4 (1) No Parking ''1 1 No Parking f" (1) No Parking (-s-� (3) No Parking E� 2) No Parking 1 No Parking 1 No Parking Anytime _____ I No Stopping or Standing (1) No Parking <--� WESTERN SECTION ROAD NO. OF SIGNS Sensel Rd. south of the Hess Rd. (both sides) Indian Springs Rd. at Pa. Line at bus turn around Blairs Valley Rd. at Pa. Line at bus turn around Pectonville Rd. at City Park Parkhead Rd. at bus turn around at dead end Licking Creak Rd. iit mile north of Rt. !4O east side of road) next to Licking Creek at bus turn around) Neck & B1rm Rd. at lock Broadfording Rd. at 4OW (2) No Parking on Roadway —p (1) No Parking- &. (1) No Parking (1) No Parking 1 No Parking �--� �--� (1) No Parking (1) No Parking (2) No Parking ( 'i (2 No Parking (i No Parking +— (1 No Stopping or Standing 3 No Parking Here to Corner 1) No Parking - -� C C CENTRAL SECTION NO PARKING SIGNS ROAD NO. OF SIGNS 2 No Lane Abbey Lane from Landis Road to Queen Annes' Court 2 Parking both sides of Road KoQantown M ryland ','-•�'' — - a�tT _ n• '�I �' .. TRANSPORTATION DEPAATMliNT r�l�c Mr. J. Theodore Wollord, Superintcndemtp� Washington County Roads Department'./'I- 601 Northern Avenue r �e{ j 11 s Hagerstown, Maryland 21740 1 (�L 1vV Dar Mr. Wolford: the d v ua u auxvi cJGrading Tress/bushes tthmed b.a.� d Signs repaired/uistalled Bridge guard rails 9 Mowing along road (j Bus turn around CalcuiM—for dust GA ' of V14.wiwS L Chuck holes repaired Awn&� D L7Ba�•"" ,railroad « ::.3—ueeslbusces xn ed Auer about S a 1 o, Snow/ice .road piowed/hsUs c n Bred r"q t'if, =ttd (• £;Ole . Bus turn &round widened New weight limit sign �/. ;v_�;r Zr;ti•S: �' ' ` ` mµ1 J.'!71 • _ Sign v No ?ARX.INr \' to-.�Gb�r�rrfl40 1� r+bv+ia��-iufr-Vi�Gaixi$—il•i'i--Mi�laY�eO• w. Intorsectioa widenedz„a c 17 I rjr,�.-.o B. Donn I ANt J Scpe:vso: of Trancportat iF-__- cc; Roger Varna:. Phy J.Sa_L1awa11yra__ - I Drive Fu.c.wly Ana Avoid An ACfrd4A& O O gnaw concrete pipe co., Inc. • %b _..,._Co__ _130 _ 'I T Iv - • cc) •.. 1._il TMmMvl.. NC ffMOWW1f, VA Nunman. Mo maws we. Me w1Men. NC �. 019.4714)11 NI .011 -INS 301 • IW.)N75 Ml • 1304150 wtS. �uu�. Addendum to Original No Parking Signs sent October 31, 1984: ROAD Industrial Drive at US Rt. #11 xr C CENTRAL SECTION NO PARKING SIGNS NORTH SIDE SOUTH SIDE NO. OF SIGNS (5) No Parking Here To Corner (2) No Parking Here to w (4) No Parki g (11) Park ng (2) No Parking Here to Corner (4) No Parking (2) N Park ng (9) No Truck Parking ver 10 00O GVW) (2) No Parking Fire Lane (1) No Parking Fire Lane L. I AUGUST 2, 1984 MINUTES i. CQNT' D. ft Recei d for record Sept. 26, 1954,ut 11:31 e. h. Acts qdinences & ttesolutions (Wastington '-aunty ) Off iceof' Clerk of Circuit Court DAVID N. FOOL[. JN. ATTO.N.T AT LAM MA.g..TOWN TAU.? tug.. .I W..T WAtMIN.Tg .T. nww u.w' I! 74? RESOLUTION NO. Libor No. 3 X991 WHEREAS, Article 25, Section 2 of the Annotated Code of Maryland provides that the Board of County Commissioners of Washington County, Maryland may by Resolution regulate the parking or stopping of vehicles on public highways within Washington County; and WHEREAS, The Board of County Commissioners believes that in order to promote traffic safety and to prevent accidents caused by the indiscriminate stopping or parking of vehicles on or along the highways in Washington County that it is necessary to approve this Resolution. NOW, THEREFORE, BE IT RESOLVED That pursuant to the power and authority granted to the Board of County Commissioners of Washington County, Maryland by Article 25, Section 2 that the parking or stopping of vehicles on the public highways will be restricted, limited or prohibited on or along any road or highway or portion thereof in said County as provided hereinafter: 1. If such highway is a state highway the County Commissioners shall first receive concurrence therefor from the State Highway Administration of Maryland. 2. The roads or sections thereof where parking or stopping is to be restricted, limited or prohibited shall be designated by appropriate signs. 3. Any person, firm or corporation violating this Resolution of the County Commissioners of Washington County, Maryland relating to the parking or stopping of vehicles along any road in said County shall be guilty of a misdemeanor 992 and, upon conviction thereof, shall be subject to a fine not to exceed Twenty Five ($25.00) Dollars for any such violation. ADOPTED This ,/'°rday of a��' 1984. ATTEST AS TO SIGNATURE AND CORPORATE SEAL: t ryn ort, er WITNESS: BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, MARYLAND BY: ona rs, res ent `� Rou ette, ce- reY es. APPROVED for legal sufficiency: County Attorney DAVID K. ►OOLL, ill. ATTpllNI V AT LAW NAOINOTOWN T114.1 .LUG. .1 WAIT WA1H1NOTON MT. MAIII.TOWN, YAIIVLAND I uTa. Ii i.n...,w�. AUGUST 21, 1984 MINUTES, CONT'D. I I I I a ■ REQUEST FOR LOAN - HALFWAY LITTLE LEAGUE Aobert McKee, resident of the Halfway Little League, appeared before the Commis- sioners to request their consideration of lending the league funds to repay the money that was borrowed at the bank for construction of league facilities in Half- way Park. Mr. McKee stated that he hoped the county would lend the money at little or no interest, since the buildings at the park were constructed to meet the county'. requirements, and because additional capital expenditures will have to be made in the near future. The Commissioners took the request under advisement at this time. REAPPOINTMENTS TO ETHICS COMMISSION Motion made by Commissioneri75kTseconded by Salvatore to reappoint Carol Johnson and Wanda Allenback to serve as members of the Washington County Ethics Commission. Unanimously approved. BID OPENING - MICROWAVE SYSTEM One biFwae received and was publicly opened and read aloud for a Microwave System for Fire & Rescue Communications. Motorola Corporation submitted a base bid of $61,744. The bid will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - GUARD RAIL ids for guard rail for the Harpers Ferry Road Project were publicly opened and read aloud. Firms participation in the bidding and their proposals were as follows: Chemung Supply Corporation - $20,480, Anderson Safety Guard Rail - $17,458.70, L. S. Lee & Sons, Inc. - $31,052.10. The bids will be reviewed by appropriate officials prior to a decision being rendered. (Decision rendered later during Morning Session.) BID OPENING - PURCHASE OR DEMOLITION OF FORMER CLEAR SPRING SCHOOL Bids for purchase or demolition of the former Clear Spring School were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Bragunier Masonry Contractors - purchase price of $17,000, United Wreckers - demolition for $35,756, John Merrbaugh - demolition for $18,750, Calvary Temple - requested donaticn of the property, Elwood's Auto Exchange - demolition for $8,500. The bids will be reviewed by appropriate officials prior to a decision being rendered. CONVENE IN EXECUTIVE SESSION Motion made by. Commissioner Roulette, seconded by Salvatore to convene in Executive Session at 11:15 a.m. in regard to personnel matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Downey to reconvene in Regular Session at 11:30 a.m. Unanimously approved. PUBLIC HEARING -CREASEY COMPANY BOND ISSUE The President convened the Meeting in Public Hearing at 11:30 a.m. to permit any resident of Washington County to appear and testify concerning the proposed issuance of Maryland Economic Development Bonds in an amount not to exceed $1,100,000 to finance the expansion of the Creasey Company facilities near Williamsport, Maryland. (Commissioner Salvatore abstained from participation in the Hearing due to his association with the law firm representing the Creasey Company.) Donald Bowman, Economic Development Commission Project Committee Chairman introduced James Fahey, President of the Creasey Company Maryland Division, William P. Young, local attorney and Judy Waranch, attorney with Frank, Bernstein, Conoway and Goldman, Bond Counsel. Mr. rhay lair.cd that the ' ciect cone ate. of the+ exnsneinn of the company's present facilities in order toremain competitive, and could eventually result in up to 40 new jobs. Ms. Waranch introduced the Bond Issue Authorizing Resolution for the Commissioners' consideration. There being no one else present to speak for nor anyone to speak against said Bond Issue, the President closed the Public Hearing at 11:50 a.m. and reconvened the Meeting in Regular Session. THE CREASEY COMPANY BOND RESOLUTION Motion made by Commissioner Roulette, seconded by Snook to adopt a Resolution authorizing and empowering the County Commissioners of Washington County to issue and sell its Economic Development Revenue Bonds, in the amount not to exceed ci 110 nnn f r to nnrnnap of financing the acquisition of a facility located in the vicinity of the Intersection of Maryland Route 68 and Towpath Lane, to be acquired and operated by The Creasey Company. Motion carried with Commissioners Roulette, Snook, Bowers, and Downey voting "AYE" and Commissioner Salvatore "ABSTAII INC". (Copy of Resolution attached.) AWARD BID J,ORGUARD RAIL Motion made by Commissioner Roulette, seconded by Snook to award the hid for guard rail for the Harpers Ferry Road Froject to Anderson Safety Guard Rail who submitted the low bid of $17,458.70. Unanimously approved. EMPLOY PARK GUARD - Motion made by Cormaissioner Snook, seconded by Roulette to acce Lfie reconune 3aticin of the Department Head and employ Jack Dofflemyer in t:ie positic of Park Guard to fill an existing vacancy. Unanimously approved. AUGUST 21, 1984 MINUTES, CONT'D CREDIT FOR MILITARY SERVICE Motion made by Commissioner Snook, seconded by Roulette to credit Robert Craager, Investigator with the State's Attorneys Office, with 2 years, 10 months and 19 days of military service towards his retirement, based on an agreement that was made when he transferred from the State to the County Retirement System. Una.iimoualy approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Snook to convene in Executive Session at 12:00 noon in regard to property matters and litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND ADJOURN Mot on ma a by Commissioner Roulette, seconded by Downey to reconvene in Regular Session at 1:10 p.m. and adjourn. Unanimously approved. � y l August 28, 1984 Hagerstown, MD 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President. Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE Invocation as delivered by Commissioner Downey followed by the Pledge of Alle- giance to the Flag by the full Assemblage. DEMOLITION SALE OF FORMER CLEAR SPRING SCHOOL PROPERTY Agear ng recommendations from a group of Clear Spring Area residents that the county demolish the former Clear Spring School in order to provide for a better entrance into the Clear Spring Community Park, a MOTION was made by Commissioner Snook, seconded by Roulette and unanimously approved to demolish the school buildings and incorporate the land into the park property. AWARD CONTRACT TO DEMOLISH FORMER CLEAR SPRING SCHOOL Notion made by Commissioner Snook, seconded by Roulette to award the contract for Demolition of the former Clear Spring Middle School buildings to Elwood's Auto Exchange who submitted the low bid of $8,500. Unanimously approved. MINUTES OF JULY 24, 1984 MEETING Motion made by Commissioner Downey, seconded by Roulette to approve of the Minutes of the County Commissioners' Meeting on July 24, 1984, as submitted. Unanimously approved. GRANT WAIVER - UTILITY INSTALLATION PERMIT Motion made by Cv,maiesionar flc.lctte 5ecnndi d by Snook to qrant a waiver of the time required for a Utility Installation Permit to be issued to John R. Oliver for instal- lation of sewer lines to service lots #2 and N3 in the Laban H. Martin Subdivision. Motion carried with Commissioners Roulette, Snook and Downey voting "AYE" and Commis- sioner Bowers voting "NO". BOARD OF EDUCATION ROOFING PROJECTS The County Adml.niatrator informed the Commissioners that Roar3 of Education officials ware recommending that only $1.9 million of the $3.5 million to be allocated to the Board from the forthcoming bond issue be spent on roofs and the balance on general ach;cl projects: Tho Commissioners took the information under advisement at this tim RECOGNITION FOR CID CED DESIGNATION The Cammiioners recognized and congratulated Leroy Burtner, E.D.C. Director, on his having earned the Certified Industrial/Economic Developer designation, which is they highest professional award that can be conferred upon an Economic or Industrial Developer. I I I AUGUST 21, 1984 MINUTES, CONT'D. t LII I BOND RESOLUTION RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY AUTHORIZING AND EMPOWERING COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ISSUE AND SELL, AT ANY TIME OR FROM TIME TO TIME,AS LIMITED OBLIGATIONS OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY AND NOT UPON ITS FULL FAITH AND CREDIT, ITS ECONOMIC DEVELOPMENT REVENUE BONDS, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,100,000, PURSUANT TO THE PROVISIONS • OF THE MARYLAND ECONOMIC DEVELOPMENT REVENUE BOND ACT, AS AMENDED, ARTICLE 41, SECTIONS 266A TO 266-I, INCLUSIVE, OF ARTICLE 41 OF THE ANNOTATED CODE OF MARYLAND (1982 REPLACEMENT VOLUME AND 1983 CUMULATIVE SUPPLEMENT), AS AMENDED BY 1984 LAWS OF MARYLAND, CHAPTER 4 FOR THE SOLE AND EXCLUSIVE PURPOSE OF FINANCING THE ACQUISITION OF A CERTAIN FACILITY IN WASHINGTON COUNTY, MARYLAND, LOCATED IN THE VINICITY OF THE INTERSECTION OF MARYLAND ROUTE 68 AND TOWPATH LANE, TO BE ACQUIRED AND OPERATED BY THE CREASE? COMPANY, AND TO BE LEASED TO THE CAEASEY COMPANY OF MARYLAND, INC. SUCH FACILITY TO CONSIST OF TWO ADDITIONS TO AN EXISTING WARE- HOUSE BUILDING AND A SEPARATE STRUCTURE CONTAINING APPROX- IMATELY A TOTAL OF 47,666 SQUARE FEET FOR USE AS DRY STORAGE SPACE, REFRIGERATION SPACE AND TRUCK MAINTENANCE SPACE, CERTAIN MACHINERY AND EQUIPMENT AND OTHER NECESSARY FACILITIES; MAKING CERTAIN LEGISLATIVE FINDINGS; AUTHO- RIZING T4E PRIVATE (NEGOTIATED) SALE OF SUCH REVENUE BONDS; AUTHORIZING AND EMPOWERING THE PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, PRIOR TO THE ISSUANCE OR SALE OF SUCH REVENUE BONDS, BY ONE OR MORE WRITTEN ORDERS OR OTHERWISE, TO SPECIFY, PRESCRIBE, DETERMINE, PROVIDE FOR OR APPROVE SUCH VARIOUS MATTERS, DETAILS, FORMS, DOCUMENTS AND PROCEDURES AS APPROPRIATE FOR THE AUTHORIZATION, ISSUANCE, SECURITY, SALE, DELIVERY, OR PAYMENT OF SUCH REVENUE BONDS INCLUDING, WITHOUT LIMITA- TION, CREATION OF SECURITY FOR THE BONDS AND PROVISION FOR THE ADMINISTRATION OF BOND ISSUES SUCH AS TRUST OR OTHER AGREEMENTS WITH BANKS OR TRUST COMPANIES REGARDING ANY COUNTERSIGNATURE OR DELIVERY OF BONDS OR SECURITY FOR BONDS; AND GENERALLY PROVIDING FOR AND DETERMINING VARIOUS MATTERS, DETAILS AND PROCEDURES IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT OF SUCH REVENUE BONDS. -2- RECITALS The provisions of the Maryland Economic Develop- ment Revenue Bond Act, as amended, Sections 266A to 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume and 1983 Cumulative Supplement), as amended by 1984 Laws of Maryland, Chapter 4 (the "Enabling Law"), empowers all the counties and municipali- ties of the State of Maryland to issue revenue bonds and to lend the proceeds of the sale of such revenue bonds to a facility applicant (as defined in the Enabling Law) to finance the acquisition (as defined in the Enabling Law) by such facility applicant of a facility (as defined in the Enabling Law). The Enabling Law declares it to be the legislative purpose to relieve conditions of unemployment in the State of Maryland, to encourage the increase of industry and a balanced. economy in the State of Maryland, to assist in the retention of existing industry in the State of Maryland through the control, reduction or abate- ment of pollution of the environment (where proceeds of the bonds are used for that purpose), to promote economic development, to protect natural resources and in this manner to promote the health, welfare and safety of the residents of each of the counties and municipalities of the Strata of Marvinnd. The Board of County Commissioners of Washington �F County (the "Board") has received a "letter of intent" from The Creasey Company, a Delaware corporation, of Wilmington, Delaware and The Creasey Company of Maryland, Inc., a Maryland corporation (the "Facility Lesser") of Washington County, Maryland (the "Facility Applicant"), dated July 23, 1984, requesting County Commissioners of Washington County (the "Public Body") to participate in the financing -of the acquisition of a facility (within the meaning of the Enabling Law) to be located in Washington County, Maryland (the "Facility") by the issuance and sale by the Public Body of its economic development revenue bonds in the aggregate principal amount not to exceed $1,100,000 pursuant to and in accordance with the Enabling Law. The Public Body, based upon the findings and determinations set forth below has determined to partici- pate in the financing of the Facility by the issuance, sale and delivery of its revenue bonds in one or more series, in the aggregate principal amount not to exceed $1,100,000 (all of such bonds being hereinafter collectively referred to as the "Bonds"), and by lending the proceeds of the Bonds (the "Loan") to the Facility Applicant who will also be a "facility user" within the meaning of the Enabling Law upon the terms and conditions of an loan agreement to be entered into between the Public Body and the Facility Applicant (the "Financing Agreement"), such proceeds to be used by the Facility Applicant to finance solely the acquisition of the Facility. -2- The Financing Agreement will require (a) the Facility Applicant and the Public Body to use the proceeds of the Bonds to finance solely the acquisition of the Facility, and (b) the Facility Applicant to make payments which will be sufficient to -enable the Public Body to pay the principal of, premium, if any, interest and on the Bonds when and as the same become due and payable. The Facility, which is a "facility" as defined in Section 266A of the Enabling Law, will consist of (a) two additions (to be added to an existing building (the "Building"), owned by the Facility Applicant and leased to the Facility User, of approximately 47,666 square feet (the "Addition") of warehouse space (35.141 square feet of which will be used for dry storage, and 10,725 square feet of which will be used as refrigeration space) and a separate structure containing 1,800 square feet which will be used for truck maintenance (b) equipment for the Addition (the "Equipment"), and (c) any other improvements or interests in land necessary or desirable for operation of the Addition together with roads or other rights of access, utilities, and other facilities necessary to the acquisi— tion, construction and operation of the Addition (the "Necessary Facilities"). The Facility User will use the Facility for the storage and distribution of food products. The raciliLy User is a "facility user" within the meaning of the Enabling Law. -- 3 -- As security for the Bonds, the Public Body may enter into an assignment and security agreement (the "Assignment") separately or as part of the Financing Agree- ment pursuant to which the Public Body will assign (a) all of the Public Body's right, title and interest in and to and remedies under the Financing Agreement, including (without limitation) any and all security referred to therein, excepting only the right of the Public Body to indemnification by the Facility Applicant and to payments to the Public Body for expenses incurred by the Public Body itself, (b) the receipts and revenues of the Public Body from the Financing Agreement, (c) certain moneys which are at any time or from time to time subject to the Assignment, (d) all right, title and interest in and to and remedies with respect to any and all other property of every des- cription and nature from time to time by delivery or by writing of any kind conveyed, pledged, assigned or transferred, as and for additional security for the Bonds, by the Public Body or by anyone on its behalf or with its written consent, and (e) all of the Public Body's right, title and interest in and to and remedies under such other documents, including (without limitation) mortgages, deeds of trust, guaranties and security instruments as the Board shall deem necessary to effectuate the issuance, sale and delivery of the Bonds and which the President opt the Board =� sha11 specify, prescribe, determine, provide for or approve 4 by one or more written orders or otherwise prior to the issuance, sale and delivery of the Bonds. The Bonds will be sold by private (negotiated) sale. NOW THEREFORE, IN ACCORDANCE WITH THE ENABLING LAW: SECTION 1. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That acting pursuant to the Enabling Law, it is hereby found and determined as follows: (1) The issuance and sale of the Bonds by the Public Body pursuant to the Enabling Law for the sole and exclusive purpose of financing the acquisition (within the meaning of the Enabling Law) of the Facility will facili- tate and expedite the acquisition of the Facility. (2) The acquisition of the Facility and the financing thereof as provided in this Resolution will pro- mote the declared legislative purposes of the Enabling Law by (a) sustaining jobs and employment, thus relieving conditions of unemployment in the State of Maryland and in Washington County; (b) encouraging the increase of industry and the creation of a balanced economy in the state of Maryland and in Washington County; (c) assisting in the retention of existing industry in the State o€ Maryland and in Washington County; (d) promoting economic develop- ment; and (e) promoting the health, welfare and safety of the residents of the State of Maryland and Washington County. (3) This Resolution contemplates and authorizes a transaction in the form of a loan of the proceeds of the Bonds by the Public Body to the Facility Applicant. Ac- cordingly, this Resoution together with the Financing Agreement authorized hereby, and the other documents re- ferred to herein, contains, or shall contain, such provi- sions as the Board of the Public Body or the President of the Board of the Public Body deems appropriate to effect the financing of the acquisition of the Facility by the loan form of transaction. (4) Neither the Bonds nor the interest thereon shall ever constitute an indebtedness or general obligation of the Public Body or a charge against, or pledge of the general credit or taxing powers of the Public Body, within the meaning of any constitutional or charter provision or statutory limitation, and neither shall ever constitute or give rise to any pecuniary liability of the Public Body. The Bonds and the interest thereon shall be limited obliga- tions of the Public Body, repayable by the Public Body solely from the revenue derived from payments made to the Public Body by the Facility Applicant under the Financing Agreement or from any other moneys made available to the Public Body for such purpose. The proceeds of me Bonds will be paid, held and disbursed as provided in the - 6 - Financing Agreement to be approved by the President of the Board by written order or otherwise. Payments of the principal of and premium (if any) and interest on the Loan may be paid by the Facility Applicant directly to a trustee or the holders of the Bonds as provided in the Financing Agreement. No such moneys will be commingled with the Public Body's funds or will be subject to the absolute control of the Public Body, but will be subject only to such limited supervision and checks as are deemed necessary or desirable by the Public Body to insure that the proceeds of the Bonds are used to accomplish the public purposes of the Enabling Law and this Resolution. The transactions authorized hereby do not constitute any physical public betterment or improvement or the acquisition of property for public use. The public purposes expressed in the Enabling Law are to be achieved by facilitating the acquisition of the Facility. (5) The Fecurity for the Bonds shall be solely and exclusively (a) the absolute, irrevocable and uncondi- tional obligation of the Facility Applicant to make the payments required by the Financing Agreement, (b) moneys realized from the liquidation of the lien and security interest created by the Financing Agreement and of any other lien or security interest created with respect to any property as security for the Bonds as the President of the Board may provide for and approve by written order or -7- otherwise, (c) moneys realized from any guaranty of the Bonds as the President of the Board may provide for, and approve by written order or otherwise and (d) moneys realized from any other source within the scope of the Enabling Law as the President of the Bond may provide for and approve by written order or otherwise. (6) The best interests of the Public Body will be served by selling the Bonds by private (negotiated) sale, as authorized by the Enabling Law, upon terms and conditions approved by the President of the Board in a written order or otherwise. (7) As evidenced by the Letter of Intent, the Facility is to be acquired by and for use by a bona fide purchaser and by and for use by a facility user within the meaning of the Enabling Law. SECTION 2. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Public Body is hereoy authorized and empowered to issue, sell and deliver, at any time or from time to time, its bonds in one or more series, in the aggregate principal amount not to exceed $1,100,000, subject to the provisions of this Resolution and the Enabling Law. The Public Body will lend the proceeds of the Bonds to the Facility Applicant pursuant to the terms and provisions of the Financing Agreement, to be used by the Facility Applicant for the sole and exclusive purpose of financing the - 8 - acquisition of the Facility. The Bonds and the interest thereon shall be limited obligations of the Public Body, repayable by the Public Body solely from the revenue derived from payments made to the Public Body by the Facility Applicant pursuant to the Financing Agreement or from any other moneys made available to the Public Body for such purpose. The security for the Bonds shall be solely and exclusively as provided in this Resolution. SECTION 3. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That each of the Bcnds shall bear the descriptive title "Wash- ington County, Maryland, Economic Development Revenue Bond (The Creasey Company Expansion Project)". The Bonds shall bear interest at such rate or rates as the President of the Board may prescribe or approve in a written order or otherwise, including an alternate rate of interest for any period during which the interest payable on any of the Bonds is for any reason includible in the gross income (as defined in Section 61 of the Internal Revenue Code of 1954, as amended) of the holder of any of the Bonds. Interest on the Bonds shall be payable from such time and on such dates as the President of the Board may prescribe or approve in a written order or otherwise. The principal of the Bonds shall be payable on such dates and in such amounts as the President of. the Board may prescribe or approve in a written order or otherwise. 9 SECTION 4. AND 3E IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the definitive Bonds, which may be engraved, printed or typewritten, shall be in such form as the President of the Board may approve in a written order or otherwise. SECTION 5. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bonds shall be executed in the name of the Public Body and on its behalf by the President or Vice President of the Board, by his manual or facsimile signature, and the corporate seal of the Public Body or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board, by her manual or facsimile signature. The Financing Agreement, and, where applicable, all other documents as the Board shall deem necessary to effectuate the issuance, sale and delivery of the Bonds, shall be executed in the name of the Public Body and on its behalf by the President or Vice President of the Board, by his manual signature, and the corporate seal of the Public Body or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board by her manual signature. In case any officer whose signature or a facsimile of whose signa- ture shall appear on the Bonds or any of the aforesaid documents shall cease to be such officer before 4 -he delivery of the Bonds or any of the other aforesaid 10 - documents, such signature or such facsimile shall never- theless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The President of the Board, the Clerk to the Board and other officials of the Public Body are hereby authorized and empowered to do all such acts and things and execute such documents and certificates as the President of the Board may determine to be necessary to carry out and comply with the provisions hereof. SECTION 6. ANA BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bonds shall be executed, issued and delivered at any time or from time to time, in one or more series, and in such amount or amounts not exceeding, in the aggregate, the principal amount of $1,100,000, as the President of the Board shall prescribe by written order or otherwise. SECTION 7. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bonds shall be dated, shall be in such denominations, shall be of such form and of such tenor, shall be payable in such amounts at such times not exceeding 30 years from the date thereof and at such place or places as the Presi- dent of the Board shall prescribe or approve in a written order or otherwise. SECTION 8. AND BE IT FURTHER RESOLVED by T$ BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bonds may be subject to redemption prior to maturity upon such terms and conditions as the President of the Board shall prescribe or approve by written order or otherwise. SECTION 9. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That prior to the issuance, sale and delivery of the Bonds, and in addition or supplementary to any authority contained in this Resolution, the President of the Board is hereby --- authorized: (a) to prescribe the form, tenor, terms and conditions of and security for the Bonds; (b) to prescribe the amounts, rate or rates of interest, denominations, date, maturity or maturities (within the limits herein prescribed), and the place or places of payment of the Bonds, and the terms and condi- tions and details under which the Bonds may be called for redemption prior to their stated maturity; (c) to appoint a bank having trust powers, or a trust company, as trustee for the Bonds and appoint a paying agent or agents for the Bonds, which may be the trustee; (d) to approve the form and contents, and authorize the execution and delivery (where applicable) of (i) the Financing Agreement and (ii) such other documents, including (without limitation) mortgages, deeds of trust, - 12 - guaranties and security instruments as the President of the Board shall deem necessary to effectuate the issuance, sale and delivery of the Bonds; (e) to determine the time of execution, issuance, sale and delivery of the Bonds and prescribe any and all other details of the Bonds; (f) to provide for the direct payment by the Facility Applicant of all costs, fees and expenses incurred by or on behalf of the Public Body in connection with the issuance, sale and delivery of the Bonds, including (with- out limitation) costs of printing (if any) and issuing the Bonds, legal expenses (including the fees of Bond Counsel and counsel to the Public Body) and compensation to any person (other than full-time employees of the Public Body) performing services by or on behalf of the Public Body in connection therewith; (g) to provide for the issuance and sale (subject to the passage at the time of an appropriate resolution authorizing the same) of one or more series of additional bonds and one or more series of refunding bonds; and (h) to do any and all things, and authorize the officials of the Public Body to do any and all things, necessary, proper or expedient in connection with the issu- ance, sale and delivery of the Bonds, as may be within the scope of the Enabling Law and this Resolution• - 13 - SECTION 10. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Financing Agreement, the Assignment and any other documents executed and delivered in connection with the issuance of the Bonds or the making of the Loan shall contain such terms, provisions and conditions as the President of the Board shall prescribe or approve in a written order or otherwise. SECTION 11. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Financing Agreement shall also contain such terms, provisions and conditions as the President of the Board shall prescribe in a written order or otherwise for the protection and enforcement of the rights and remedies of the holders of the Bonds. SECTION 12. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That, as authorized by the Enabling Law, the Bonds shall be sold by private (negotiated) sale upon such terms and conditions as shall be approved by the President of the Board in a written order or otherwise. SECTION 13. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the provisions of this Resolution are severable, and if any provisions, sentence, clause, section or part hereof is held illegal, invalid or unconstitutional or inapplicable - 14 - to any person or circumstances, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Resolution or their application to other persons or circumstances. It is here- by declared to be the legislative intent that this Resolu- tion would have been passed if such illegal, invalid or unconstitutional provision, sentence, clause section or part had not been included herein, and if the person or circumstances to which this Resolution or any part hereof are inapplicable had been specifically exempted herefrom. SECTION 14. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That this Resolution shall take effect from the date of its adoption. ADOPTED by the Board of County Commissioners of Washington County on AugustL, 984. ATTES [COUNTY SEAL] athryn Short, Clerk to the Board of County Commissioners of Washington County President of t e Board of County Commissioners of Washington County I, Kathryn F. Short, Clerk to the Board of County Commissioners of Washington County, do hereby certify that the foregoing is a true and correct copy of a Resolution duly adopted at a meeting of the Board of County Commis- sioners of Washington County duly called, convened and - 15 - held on August �. 1984, at which mast ing a quorum of the Board of County Commissioners was present and acting throughout. (COUNTY SEAL] athryn or t Clerk to the Board of County Commissioners of Washington County 8207d - 16 - AUGUST 28, 1984 MINUTES, CONT'D. I I I I TRANSFER CAPITAL FUNDS - LANDFILL_BUDGET Motion made by Commissioner Downey, seconded by Roulette to approve of the transfer of $8,000 in the Landfill's CIP Budget from "Equipment" to "concrete work for the scales". Unanimously approved. HALFWAY BOULEVARD SAFETY IMPROVEMENTS The Commissioners agreed to ask the engineering department to recommend ways to improve safety along Halfway Boulevard, particularly in the section between Downs- vill.e Pike and Virginia Avenue. EXECUTION OF LOAN DOCUMENTS FOR WILSON BRIDGE RESTORATION Motion made by Commissioner Roulette, seconded by Downey authorizing the President of the Board to execute the Loan Agreement and Promisory Note between the County Commissioners and the Maryland Historic Trust in regard to the loan of $99,230 for restoration of the Wilson Bridge. Unanimously approved. BID OPENING - REPAIR OF VALLEY ROAD BRIDGE Bids for repair of Valley Road Bridge over Israel Creek were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Building Systems, Inc. - $75,950, Bragunier Masonry Contractors - $49,920, Leroy Myers, Inc. - $74,500, Beaver Creek Paving (Wolfe Brothers) - $85,135. The bids will be reviewed by appropriate officials prior to a decision being rendered. PROPOSED JUNKYARD ORDINANCE eCounty Attorney introduced a proposed Ordinance to Provide for the Regulation of Junkyards in Washington County. After a general discussion of the ordinance, it was decided that it should be reviewed by appropriate county officials prior to a presentation at public hearing. PROCLAMATION - FORGET -ME -NOT -MONTH of on made by Commissioner Roulette, seconded by Snook to Proclaim the Month of September 1984 as DISABLED AMERICAN VETERANS FORGET -ME -NOT -MONTH in Washington Coun and urge the support of all citizens, interested groups and organizations in this commemoration. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made ET 6inm ss oner Roulette, seconded by Downey to convene in Executive Session at 11:25 a.m. in regard to property and litigation, pursuant to the Authori contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND ADJOURN bT%%n ma e y ommiea oe si3ied by Roulette to reconvene in Regular Session and adjourn at 12:10 p.m. Unanimously approved. C y At orney ��®® Clerk September 4, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and John R. Salvatore. INVOCATION AND PLEDGE OF ALLEGIANCE The frvaca£Tari was a vered`U T_dinmissioner Salvatore, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PRESENTATION OF CERTIFICATE OF MERIT - WALTER B. "GABBY" HESS The ommiseioners'presen ed a i' tiff Pf3Yif'f6 WE1t B. "Gabby" Hess in recognition and appreciation for twenty-five (25) years of service as an employee of. the Washington County Roads Department. CLOSE OUT OF COMPLETED CAPITAL PROJECTS FOR FY 1983/84 -bTo-YR ma Te % mmiseioner 1roa1 e&IVTitore t.o close out the com- pleted projects in the FY 1983/84 Capital Improvements Program as submitted this date by the Director of Finance in the amount of $1.1,553,499.71 Unanimously approved. SEPTEMBER 4, 1984 MINUTES, CONT'D. APPOINTMENT TO SANITARY COMMISSION Motion made by Commissioner Roulette, seconded by Salvatore to appoint Louise Fahrney to serve as a member of the Washington County Sanitary Commission for a six -year term as a representative of the Tammany/Van Lear Subdistrict. Unanimously approved. APPOINTMENT TO UTILITIES BOARD Mot on made by Commissioner Roulette, seconded by Downey to appoint William Justice to serve as a member of the City of Hagerstown Utilities Board, to fill the vacancy created by the resignation of Earl Wolfe. Unanimously approved. PROCEED WITH CONVEYANCE OF RIGHT OF WAY OFF DAYCOTAH AVENUE There having been no comments received as a result of the Commissioners' duly advertised Notice of Intention to Convey Land, a MOTION was made by Commissioner Roulette, seconded by Salvatore and unanimously approved to proceed with the con- veyance of a twenty (20') wide right-of-way running for a distance of approximately 150' between lots 118 and 119 in Talawanda Heights, off Daycotah Avenue, Hagerstown, Maryland to Kenneth E. Owens, Jr. and Dennis R. Harbert, adjoining property owners. At this time Commissioner Martin L. Snook arrived at the Meeting. REVIEW PROPOSED JUNK YARD ORDINANCE Ater reviewing and revising the proposed Ordinance to Provide for the Regulation of Junkyards in Washington County, the Commissioners directed that a Public Hearing on the Ordinance be scheduled for October 9, 1984. TAX CREDITS ON ENTERPRISE ZONE PROPERTIES Motion made by Commissioner Salvatore, seconded by Roulette to grant the following tax credits to properties within the Enterprise Zone: B. A. Bostion Et Al - $23.17; B. A. Bostion Et Al - $37.93; Vincent R. Groh - $118.08; Vincent R. Groh - $36.70; Vincent R. Groh - $226.53; Vincent R. Groh - $33.83; Hagerstown Development Corp. - $588.56; Master Aluminum Products inc. - $160.31; Olbo Corp. - $3,287.38; B. E. and P. A. Weneck - $2,031.76; Hugh Schindel, c/o Antietam Paper - $806.06; Smith Elliott Kearns & Co. - $3,697.59; Herbert D. Gossard - $1,352.39; 47-51 Lmtd Partnership - $775.31; E. N. Button, P.A. - $28.70; Steward Warehousing, Inc. - $2,061.89; M. B. Wicklein Et Ux - $184.91; Robert A. Wolf, II - $319.39; Robert A. Wolfe, II - $345.84; Robert A. Wolfe, II - $485.85. Unanimously approved. CLEAR SPRING SCHOOL DEMOLITION CONTRACT AGREEMENT Allen Baumgardner, Attorney for Elwood Grimm, successful bidder on the former Clear Spring School demolition contract, appeared before the Commissioners to request a waiver of the requirement that all delinquent county taxes be paid prior to his client being able to obtain a demolition permit. He said that Mr. Grimm may be able to pay his 1982/83 taxes, in the amount of $8,654.99 and make a partial payment on the 1983/84 taxes, if he was permitted to pay the balance at the completion of the demolition project. MOTION made by Commissioner Salvatore, seconded by Snook to agree to issue a permit to Elwood Grimm for demolition of the former Clear Spring School, providing his 1982/83 county taxes are paid in full, a payment of $850.00 is made on his 1983/84 taxes, and immediately upon receiving payment for the demolition project, an amount not to exceed $8,500 must be assigned to the County Treasurer as payment in full of the 1983/84 taxes. Motion carried with Commissioners Salvatore, Downey, and Bowers voting "AYE" and Commissioners Roulette and Snook voting "NO". AWARD CONTRACT FOR VALLEY ROAD BRIDGE PROJECT Rution a by C^,^ oa{^^nr Roulette. seconded by Snook to award the Valley Road Contract to Bragunier Masonry who submitted the low bid of $49,920.00 and to aliate an additional $6,000 to $8,000 to the project for full-time inspection. Unanimously approved. RESURFACE STREET IN CLOVERTON SUBDIVISION Rou1et.te, seconded by Snook to advertise for bids for Mot on ma e y Co—iiseioner bituminous concrete resurfacing of streets in the Cloverton Subdivision near Williams pc.rt, and to appropriate $17,000 towards this project from Capital Contingency with I' the b timated $15,000 balance from the Roads Department Budget. Unanimously approved .,.,� ' IS•wo FOR FA 'rRAN BOULEVARD PROJECT Ffot mad —by CommiesToner Downey, seconded by Snook to sele.L Ricf.ard pa'Rare fcr a fee of $600.00 to make appraisals of two (2) additional properties for. the Eastern boulevard Project. Unanimously approved. At this time Commissioner Salvatore was excused from the Meeting. �I I L LI ri SEPTEMBER 4, 1984 MINUTES, CONT'D. BID OPENING - AIP-02 BTs for the overlay of Runway 2/20 and the installation of VASI's and REIL's on Runway 2/20 at the Washington County Regional Airport, known as AIP-02, were publicly opened and read aloud. Firms participating in the bidding and their pro- posals were as follows: Beaver Creek Paving - Alternate #1 - $464,677, Alternate #2 - $383,447. Richard F. Kline - Alternate #1 #448,804, Alternate #2 - $393,160. The bids will be reviewed by appropriate officials prior to a decision being rendered CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Snook, seconded by Roulette to convene in Executive Session at 11:05 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland, and to record official action taken with the record to remain sealed until its disclosure is authorized by the County Commissioners. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Snook, seconded by Roulette to reconvene in Regular Session at 12:35 p.m. Unanimously approved. RESCIND ACTION RE CONVEYANCE OF PROPERTY TO SCHNEIDER Motion made by Commissioner Snook, seconded by Downey to rescind the action taken on June 26, 1984, in regard to the conveyance of a right-of-way in Fountainhead to Marianne and Arthur Schneider. Unanimously approved. RECLASSIFICATION OF COUNTY EMPLOYEES Motion made by Commissioner Roulette, seconded by Downey to record the reclassifi- cations of the following County employees, as approved in the Fiscal Year 1984/85 Budget: Joan Sweigert, Assistant General Ledger - 7E; Charlotte Baldwin, Acct. Clerk III - 7C; Jan Ridenour to Admin. Sec. - 5O; Alan Davis, Personnel and Ineuranc Admin. - 11A; Loretta Myers to Admin. Secretary - 5A; Leroy Burtner, Director, EDC - 13J; Jim McLemore, Custodian - 31; Robert Farmer, Custodian to $4.00 per hour; Ray Hershberger, Custodian - 3A; Benny Tyson, Director, Data Processing - 12I; Cathy Shinham to Admin. Secretary - 5A; Al Shoemaker, Central Section Supervisor - 10H; Jim Sterling, Asst. Supervisor, Central Sec. - 9G; Dean Lowry, Traffic and Safety Supervisor - 10H; Bob Davenport, Director, Landfill - 11D; Paul Prodonovich to Dq9. Director, Permits & Inspections - 11A; Clyde McCormick, Western Section Supervisor - 10H; Walter Hess, Southern Section Supervisor - 10C; William Stoner, Tourism Information Supervisor - 6A; Ronnie Ridenour, Eastern Section Supervisor - l0H; Lamont Burns, Custodian - 2B; Bill Wolfe, Shop Supervisor - 111. TERMINATE EMPLOYMENT OF PARKS EMPLOYEE ?made by Commissioner Roulette, seconded by Snook to terminate the employment of John Arvin, employee with the Parks Department, based upon the recommendation of the Department Head. Unanimously approved. ADJOURNMENT Motion made by Commissioner Downey, seconded by Snook to adjourn at 1240 p.m. Unanimously approved. my ttorney September 11, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers followed by the Pledge of Allegiance to the Flag by the .full. Assemblage. PRESENTATION OF TOURISM BROCHURE: POSTER Bob O'Connor, Tourism Director, appeared before the Commissioners to present them with a framed copy of the Tourism Brochure Poster. He said that the brochures would he ready for distribution in the near future. ll SEPTEMBER 11, 1984 MINUTES. CONT'D. REAPPOINTMENT TO TRANSPORTATION COMMISSION Motion made by Commissioner Salvatore, seconded by Roulette to reappoint Albert Lowry to serve for a three-year term as the City of Hagerstown's representative on the Washington County Transportation Commission. Unanimously approved. APPOINTMENT TO ADVISORY BOARD OF HEALTH Motion made by Commissioner Salvatore, seconded by Roulette to appoint Dr. Maynard Bacon to serve as a member of the Washington County Advisory Board of Health. Unanimously approved. REVISE SPECIFICATIONS AND REBID DUMP TRUCKS Motion made by Commissioner Downey to revise the specifications and readvertise for bids for 1985 chassis and cabs with dump bodies for the Roads Department, with the provision that a pre -bid conference be held. Motion died for lack of a second. AWARD BID FOR CHASSIS & CABS WITH DUMP BODIES Motion made by Commissioner Roulette, seconded by Salvatore to accept the recom- endation of the Roads Department Superintendent and award the bid for two (2) chassis and cabs with dump bodies to Interstate Truck Equipment who submitted a total bid of $112,810. Motion carried with Commissioners Roulette, Salvatore, Snook and Bowers voting "AYE" and Commissioner Downey voting "NO". PROFESSIONAL SERVICES - BOND ISSUE The Commissioners set the amount of the proposed County Bond Issue at $4.5 million and agreed to negotiate financing of the issue if the county has the legal authority to do so. PUBLIC HEARING - AGRICULTURAL PRESERVATION EASEMENT SALES The President convened the Meeting in Public Hearing at 10:00 a.m. to permit inter- ested citizens to testify on petitions for the sale of a Development Rights Easement on an Agricultural Preservation District. Stephen Goodrich, Associate Planner, explained that the State Foundation will only consider those applications approved by the County Commissioners. He said that the applications for consideration today and the points assigned by the Advisory Committee were as follows: St James (A) - 28.8 points; St. James (B) - 23.4 points; Ankenny - 37.0 points; Wiesenbaugh - 27.8 points, and Hayes - 41.0 points. He also said that, based on the points assigned, the Advisory Board recommends approval of the Hayes and Ankenny applications. Reverend Richard Baker, Headmaster of St. James School, stated that the school's interest was in preserving the traditional setting that had been there since 1852. David Herbst, Advisory Board Member, explained that they were trying to preserve the quality agricultural land to produce food and fiber and not just open space. Dr. Joseph Wiesenbaugh stated that, since his property had been designated an Agri- cultural District, he felt that it should be considered as eligible for easement sale. Andrew Michael, whose property is adjacent to the David H. Ankenny property, stated his objection to his neighbor selling off all the development rights that he could before before applying for the sale of development rights easements. There being no one else present to speak for nor against the applications presented, the President announced that the record be held open for ten (10) days for additional comments to be submitted in writing. He closed the Hearing at 10:40 a.m. and recon- vened the Meeting in Regular Session. PROCLAMATION - EMERGENCY MEDICAL SERVICES WEEK Motion made by Commissioner Roulette, seconded by Snook to Proclaim the week of September 16-22, 1984, as Emergency Medical Services Week in Washington County, and commend this obserpgnee to rt1, our citi7ena. Unanimously approved. Commissioner Bowers read the Proclamation and presented a copy to Michael Smith, Area Coordinator for Emergency Medical Services. BID OPENING - ICE CONTROL SALT Bids for ice -control salt for the Roads Department were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: International Salt Company - $31.22 per ton delivered to all sections; Morton Salt Division - $39.59 per ton delivered to all sections. The bids will be reviewed by appropriate officials prior to a decision being rendered. (Decision rendered later during Morning Session, this date.) PUBLIC HEARING - HAGERSTOWN PRODUCE COMPANY BOND ISSUE The President convened the Meeting in Public Hearing at 11:00 a.m. to permit any resident of Washington County to appear and testify concerning the proposed issuance and sale of Washington County Economic Development Revenue Bonds in a maximum amount of $250,000 in order to loan the proceeds to Edwin B. and Rebecca A. Glessner for acquisition and construction of a facility to be leased to Hagerstown Produce Company, Inc. for use in its wholesale produce business. Leroy Burtner, Economic Development Director, introduced Edwin B. Glessner who explained the purpose of the project, and Ti.umnie Ruppersbi:rger, Bond Counsel Attorney, who submitted an Authoriz- ing Resolution for the Commissioners' consideration. There being no one else present to speak for nor anyone to speak against the Bond Issue, the President closed the Hearin, at 11:25 a.m. and reconvened the Meeting in Regular Scasiou. El fl I SEPTEMBER 11, 1984 MINUTES, CONT'D. it ® RESOLUTION - HAGERSTOWN PRODUCE COMPANY BOND ISSUE Motion made by Commissioner Snook, seconded y Roulette to adopt a Resolution author izina and empowering the County Commissioners of Washington County to issue, sell I Li I I and deliver, at any one time or from time to time, its revenue bonds in a principal amount not to exceed $250,000 in order to loan the proceeds to Edwin B. and Rebecca A. Glessner, for the sole and exclusive purposes described in the Resolution and authorizing the President of the Board of County Commissioners to accept, on behalf of the County Commissioners of Washington County, the Letter of Intent from Edwin B. and Rebecca A. Gleaner, and approving, pursuant to Notice and following a Public Hearing, the issuance of the Bonds requested therein. Unanimously approved. (Copy of Resolution and Letter of Intent attached.) PROCLAMATION - HUNTING & FISHING DAY Motion made by Commissioner Salvatore, seconded by Downey to Proclaim September 22, 1984, as Hunting & Fishing Day in Washington County and call upon all citizens to join with sportsmen -conservationists in their efforts to ensure the wise use and proper management of our natural resources to benefit future generations. Unani- mously approved. ACCEPTANCE OF STREETS INTO COUNTY SYSTEM - YOUNGSTOUN DEVELOPMENT Motion made by Commissioner Downey, seconded by Salvatore to accept Youngstoun Drive and Youngstoun Court, associated with Phase II Youngstoun Apartments Devel- opment into the County's Roadway System, in concurrence with the recommendation of the County Administrative Engineer. Unanimously approved. AWARD BID - ICE CONTROL SALT Motion ;nade by Commissioner Snook, seconded by Salvatore to award the bid for ice - control salt for the Roads Department to International Salt Company who submitted the low bid of $31.22 per ton delivered to all sections. Unanimously approved. ADVERTISE ABANDONMENT AND CONVEYANCE OF OLD HOPEWELL ROAD Motion made by Commissioner Downey, seconded by Snook to advertise the County's intentions to abandon old Hopewell Road and to convey the road bed to the adjoining property owner, since the new Hopewell Road has been constructed and the old road- way is no longer needed for public purposes. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Downey, seconded by Salvatore to convene in Executive Session at 11:35 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND RECESS Motion made by Commissioner Salvatore, seconded by Snook to reconvene in Regular Session at 11:50 a.m. and recess for lunch. Unanimously approved. AFTERNOON SESSION The Afternoon Session was convened at 1:30 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. REVIEW SOUTH COUNTY PARK SITE SELECTION PROCESS Jack Hawbaker, Executive Director of the Planning Commission, and Bill Stachoviak, Parks Planner, met with the Commissioners to review the chronology of events leading ��,. t.. �a.t.. for toninht'n meets ran 't up to the avucn l.A ut, �y t,a�k ni�c ��., c.-4�,,.-„ �.. r,... r.., ,. ..-_,^ --- ---•-�•-- - ----- � - the Potomac Valley Fire Hall. RECLASSIFICATION OF AIRPORT MAINTENANCE MAN Motion made by Commissioner Downey, seconded by Roulette to reclassify Lynn Harahman, Airport Maintenance Man, from MM II to MM III. Unanimously approved. AWARD AIP-O2 CONTRACT Motion made by Commissioner Roulette, seconded by Salvatore to award the contract for the Airport AIP-02 Project to Beaver Creek Paving who submitted the low bid for Alternate M2 in the amount of $383,447. Unanimously approved. TASK FORCE FOR SELF EVALUATION Mot on made by Commissioner Roulette, seconded by Salvatore to establish a Task I' Force for Self Evaluation, in accordance with the requirements of the Federal Revenu Sharing Act, and appoint the following persons to serve as members: Peggy Martin, Lee Welty, Tom Rothrock, Karen Meinelschmidt and Lynn Schlossberg. Unanimously approved. LOAN To LONGMEADOW FIRE COMPANY Motion made by Commissioner Salvatore, seconded by Roulette to accept the recom- mendation of the Fire & Rescue Loan Committee and lend the Longmeadow Fire Company $13,000. Unanimously approved. SEPTEMBER 11, 1984 MINUTES, CONT'D. CONVENE IN EXECUTIVE SESSION 1 Motion made by Commissioner Salvatore, seconded by Roulette to convene in Executive Session at 2:20 p.m. in regard to potential litigation, property and personnel matters pursuant to the Authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. j RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Snook to reconvene in Regular Session at 3:20 p.m. Unanimously approved. DENY REQUEST FOR ULTRA -LIGHT OPERATION Motion made by Commissioner Downey, seconded by Roulette to accept the recommendation of the Airport Manager, and deny the request of the Appalachian Ultralite Association to operate a business and fly ultra -light aircraft at the Washington County Regional Airport. Unanimously approved. ESTABLISHMENT OF AIRPORT COMMISSION Notion made by Commissioner Roulette, seconded by Downey instructing the County Administrator to prepare a resolution to establish an Airport Commission, for their consideration at next week's meeting. Unanimously approved. AWARD BID FOR FUEL OIL Notion made by Commissioner Salvatore, seconded by Snook to award the County's fuel oil contract for the 1984/85 heating season to Hardell Fuel Corporation who submitted the low bid to the Board of Education of $.7970 per gallon. Unanimously approved. RECESS The Meeting was recessed at 3:30 p.m. EVENING SESSION - POTOMAC VALLEY FIRE HALL The Evening Session was convened at the Potomac Valley Fire Hall in Dargan at 7:00 p. with President Bowers presiding and vice President Roulette and Commissioners Downey and Snook present. PROPOSAL FOR SOUTH COUNTY PARK The meeting was opened to permit the citizens in attendance to comment or to ask questions about the proposed Chestnut Grove site for a South County Park. Barry Teach, County Administrator, explained the chronology of events leading to the selection of the present site. Several people stated their opposition to the pro- posed site and questioned why the county is offering to build a road into the tract. The majority of those in attendance favored a park in the area, with a lot of sentiment expressed towards having two parks. Petitions for and against the proposed Chestnut Grove site were submitted for the Record. The Commissioners agreed to con- sider all the information presented and to render a decision on the matter in the near future. ADJOURNMENT The Meeting was adjourned at 9:15 p.m. C t, Atto .ney a f - A caGll�e'CL� Clerk September 17, 1984 Hagerstown, Maryland 21740 PUBLIC HEARING - REZONING CASES 289 - 297 in€T+ubTicear.ng was—}ln ourt`Room N1 of the Washington. County Court House by the Washington County Commissioners and the Planning Commission to permit app raCldc-,t cf Wa.hinntnn rnunty to present testimony concerning Rezoning Cases RZ-289, RZ-290, RZ-291, RZ-292, RZ-293, RZ-294, RZ-296 and RZ-2. Ti,axi:,y was convened at 7;00 p.m. with Ronald L. Bowers, President of the Board of County Commissioners, and William E. Wolford, Jr. , Chairman of the Planning Commission, presiding. Also present were Richard E. Roulette, Vice-Presi.dent of the Board, Comm;esionars R. Lee Downey and John R. Salvatore, Planning Members Jack Byers, •I-hn Herbst, Mary Ann Jeneke and Donald Zombro. The Rezoning Cases were presented by Jack Hawbaker, Executive Uir.ector of the Planning Commission, Catherine Thompson, Senior. Planner, St.even Goodrich and William Stachovink, Associate Planners. After hearing all testimony, it wan announced that the Record would remain open for ten (10) days for additional comments to he submitted in writing. The Hearing was 11 1 ./n.m. Clerk I I 1 RESOLUTION A RESOLUTION AUTHORIZING AND EMPOWERING COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ISSUE, SELL AND DELIVER, AT ANY ONE TIME OR FROM TIME TO TIME, ITS REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $250,000, PURSUANT TO THE PROVISIONS OF SECTIONS 266A THROUGH 266-I OF ARTICLE 41 OF THE ANNOTATED CODE OF MARYLAND (1982 REPLACEMENT VOLUME) AS AMENDED IN ORDER TO LOAN THE PROCEEDS THEREOF TO EDWIN B. GLESNER, JR. AND REBECCA A. GLESNER, FOR THE SOLE AND EXCLUSIVE PURPOSES DESCRIBED IN THIS RESOLUTION; AUTHORIZING THE PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ACCEPT, ON BEHALF OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, THE LETTER OF INTENT FROM EDWIN B. GLESNER, JR. AND REBECCA A. GLESNER TO COUNTY COMMISSIONERS OF WASHINGTON COUNTY DATED SEPTEMBER 11, 1984 AND APPROVING, PURSUANT TO NOTICE AND FOLLOW- ING A PUBLIC HEARING, THE ISSUANCE OF THE BONDS REQUESTED THEREIN; MAKING CERTAIN LEG- ISLATIVE FINDINGS, AMONG OTHERS, CONCERNING THE PUBLIC BENEFIT AND PURPOSE OF SUCH REVENUE BONDS; PROVIDING THAT SUCH REVENUE BONDS AND THE INTEREST THEREON SHALL BE LIMITED OBLIGA- OF COUNTY COMMISSIONERS OF 11 ESS OR A CHARGE A OR TAXING POWERS OF WASHINGTON COUNTY WI WASHINGTON COUNTY; AUTHORIZING AND EMPOWERING THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, PRIOR TO THE ISSUANCE, SALE AND DELIVERY OF SUCH REVENUE BONDS, TO PRE- SCRIBE THE RATE OR RATES OF INTEREST SUCH REVENUE BONDS ARE TO BEAR, THE FORM, TENOR, TERMS AND CONDITIONS OF AND SECURITY FOR SUCH REV-&�IIU t3ULVUS, AND 1"U JJk,Il-IN , PROVIDE FOR AND APPROVE VARIOUS OTHER MATTERS, DETAILS, DOCUMENTS AND PROCEDURES IN CONNEC- TION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT FOR SUCH REVENUE BONDS; AND GENERALLY PROVIDING FOR AND DETERMINING VARIOUS MATTERS AND DETAILS IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT OF SUCH REVENUE BONDS. RECITALS Sections 266A to 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume) as amended (the "Act") empower all the counties and municipalities of the State of Maryland to issue revenue bonds and to loan the proceeds of the sale of such revenue bonds to a "facility user" to finance the acquisition (as defined in the Act) by such "facility user" of any facility (as defined in the Act). As defined in the Act, a "facility user" includes any individual, public or private corpor- ation, partnership, association, firm, or other entity whether or not created for the purpose of making a profit, which owns, leases, or uses all or any part of a facility. The Act declares it to be the legislative purpose to relieve conditions of unemployment in the State of Maryland, to encourage the increase of industry and a balanced economy in the State of Maryland, to assist in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland through among other things, port development and the control, reduction or abatement of pollution of the environment and the utilization and disposal of wastes (where proceeds of the bonds are used for that purpose), to promote economic development, to protect natural resources and encourage resource recovery and to generally promote the health, welfare and safety of the residents of each of the counties and municipalities of the State of Maryland. County Commissioners of Washington County, a body politic and corporate and a political subdivision of the State of Maryland (the "County"), has received a letter, of intent dated September 11, 1984 (the "Letter of Intent"), from Edwin B. Gleaner, Jr. and Rebecca A. Gleaner (collectively, the "Borrower") (in form attached hereto as Exhibit A), a "facility applicant" as defined in the Act, in which it is requested that the County participate in the financing of a certain facility as defined herein, by the issuance of certain bonds described therein and by loaning the proceeds thereof to the Borrower for the purpose of acquiring and owning the facility defined herein upon the t.e--ms and conditions of a loan or similar agreement to be entered into between the County and the Borrower (the "Loan Agreement"), as permitted by the Art (such loan being herein referred to as r_ne "Loan"). The facility will be leased to Hagerstown Produce Company, Inc., a Maryland corporation (the "Tenant"), for use as office and warehouse space in its wholesale produce business. The facility to be acquired will consist generally of (a) approximately 5.26 acres of land located along the northeast side of Md. Route 68 between Governor Lane Blvd. and Penn Central Railroad in the Interstate Industrial Park, Williamsport, = Washington County, Maryland (the "Land"), (b) one or more build- ings to be located on the Land containing approximately 12,500 — square feet of office and warehouse space (the "Buildings"), (c) — equipment for the Buildings (the "Equipment"), and (d) any other improvements or interests in land necessary or desirable for operation of the Buildings, together with roads and other rights of access, utilities, and other facilities necessary to the acquisition, construction and operation of the facility (the "Other Interests") (the Land, the Buildings, the Equipment and the Other Interests collectively, the "Facility"). The County, in compliance with the Tax Equity and Fiscal Responsibility Act of 1982 (the "Federal Act") held a public hearing on September 11, 1984, pursuant to notice (in form attached hereto as Exhibit B) published in a newspaper of general circulation in Washington County on August 28, 1984 and September 4, 1984 for the purpose of apprising affected residents of Washington County, Maryland of the proposed issuance of the Bonds and allowing such residents to appear and be heard concerning the = issuance of the Bonds and the location and nature of the Facility. The County has determined following such public hearing, that there will be a substantial public benefit from the issuance of the Bonds, that the issuance of the Bonds to finance the Facility is i.. the public interest and for a public purpose and by this Resolution has given its approval thereto. The County based upon the findings and determinations set forth below, has determined to participate in the financing of iii the Facility by (a) issuing, selling and delivering its revenue bonds in an aggregate principal amount not to exceed $250,000 (the "Bonds"), and (b) loaning the proceeds of the Bonds to the Borrower upon the terms and conditions of a loan or similar agree- ment (the "Loan Agreement"), as permitted by the Act. The Loan Agreement will require the Borrower (a) to use the proceeds of the Bonds solely to finance the acquisition of the Facility (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement), and (b) to make Loan payments which will be sufficient to enable the County to pay the principal of and interest and premium, if any, on the Bonds when and as the same shall become due and payable. As security for the Bonds, the County may enter into a trust agreement with one or more corporate trustees or a purchase or assign'tent agreement with the purchaser of the Bonds pursuant -_ to which the County will assign to such trustee or purchaser, among other things, and excepting the right of the County to indemnification and to payments of the County for expenses, all of the County's right, title and interest in and to, and remedies — with respect to the Loan Agreement and any other document or -3- IL (— instrument relating to the Loan, and any and all other property of every description and nature from time to time by delivery or by writing of any kind conveyed, pledged, assigned or transferred, as and for additional security for the Bonds. SECTION 1. BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF WASHINGTON COUNTY, That, acting pursuant to the Act, it is hereby found and determined as follows: (1) The issuance and sale of the Bonds by the County pursuant to the Act in order to lend the proceeds thereof to the Borrower for the sole and exclusive purpose (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement) of financing the acquisition (within the meaning of the Act) by the Borrower of the Facility will facilitate and expedite the acquisition of the Facility by the Borrower. (2) The acquisition of the Facility by the Borrower and the financing and refinancing thereof as provided in this Resolu- tion will promote the declared legislative purposes of the Act by (R) creating jobs and employment, thus relieving conditions of unemployment in the State of Maryland and in Washington County; (b) encouraging the increase of industry and commerce and the creation of a balanced economy in the state of Maryland and in Washington County; (c) assisting in the retention of existing industry and commerce and in the attraction of new industry and commerce in t.:ie State of Maryland and in Washington County; (d) promoting economic development; and (e) promoting the health, welfare and safety of the residents of the State of Maryland and Washington County. (3) In addition to authorizing the County itself to El acquire the Facility and either to lease or to sell the same to the Borrower, the Act authorizes facility financing to be accom- plished in the form of a loan by the County to the Borrower. The loan form of transaction avoids indirect costs and burdens on the County by eliminating any direct involvement by the County in the acquisition, ownership or administration of the Facility while permitting the imposition of ample controls on the use of the pro- ceeds of the Bonds, thus insuring that the public purposes of the Act and the bond transactions are fully accomplished. Because it is in the best interests of the citizens of Washington County to finance the acquisition of the Facility by a loan to the Borrower, this Resolution contemplates and authorizes a transaction in the form of a loan of the proceeds of the Bonds by the County to the = -- Borrower. Accordingly, this Resolution, together with the written order to be executed by the President of the Board of County rnmm;asioners of Washington County (the "Board") prior to the -- issuance, sale and delivery of the Bonds (the "Written Order"), the Loan Agreement and any other instrument pertaining to the issuance, sale or delivery of the Bonds including those instru- — ments approved by the Written Order (such other instruments, _-- together with the Loan Agreement, collectively, the "Bond Docu- -4- ments"), contains, or shall contain, such provisions as the County deems appropriate to effect the financing bf the acquisition by the Borrower of the Facility by the loan form of transaction. (4) NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR GENERAL OBLIGATION OF THE COUNTY OR A CHARGE AGAINST, OR PLEDGE OF THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY, WITHIN THE MEANING OF ANY CONSTITU- TIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION, AND NEITHER SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF THE COUNTY. THE BONDS AND THE INTEREST THEREON SHALL BE LIMITED OBLIGATIONS OF THE COUNTY, REPAYABLE BY THE COUNTY SOLELY FROM THE REVENUES DERIVED FROM LOAN REPAYMENTS (BOTH PRINCIPAL AND INTER- EST) MADE TO THE COUNTY BY THE BORROWER ON ACCOUNT OF THE LOAN AND FROM ANY OTHER MONIFS MADE AVAILABLE TO THE COUNTY FOR SUCH PURPOSE. The proceeds of the Bonds, and the payments to be made by the Borrower pursuant to the Loan Agreement, will be paid directly to a trustee or the holders of the Bonds in the event a trustee is not appointed for such purpose to be held and disbursed as shall be approved by the President of the Board in the Written Order. No such monies will be commingled with the County's funds but will be subject only to such limited supervision and checks as are deemed necessary or desirable by the County to insure that the proceeds of the Bonds are used to accomplish the public purposes of the Act and this Resolution. The transactions authorized hereby do not constitute any physical public betterment or im- provement or the acquisition of property for public use or the purchase of equipment for public use. The public purposes expres- sed in the Act are to be achieved by facilitating the acquisition of the Facility by the Borrower. (5) The Borrower is or will be a "facility applicant" and a "facility user" as defined in the Act; the Facility to be acquired by the Borrower will be used leased to the Tenant (who will be a "facility user" as defined in the Act) by the Borrower for warehouse and office uses within the purposes permitted by the Act. (6) The public purposes intended to be achieved by the County through the issuance o€ the Bonds will be achieved upon completion of the construction and acquisition of the Facility resulting in the location of new warehouse and office facilities in Washington County, Maryland. SECTION 2. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the County hereby approves and is author and empowered to issue, sell and deliver, at any time or from time to time, the following series of Ponds tr h.. k_nnwn ran its "Washington County, Maryland, Economic Development Revenue Bond(s) (Hagerstown Produce Company, Inc. Project)" (provided that such designation may be changed or may contain such other descriptive information as the President of the Board may prescribe in the Written Order) in a principal amount not to exceed $250,000 subject to the provisions of this -5- Resolution. The proceeds of the Bonds will be loaned to the Borrower pursuant to the terms and provisions of the Loan Agree- ment, to be expended by the Borrower for the sole and exclusive purpose of financing and refinancing the acquisition of a Facility as specified in the Act (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement). The security and sources of payment for the Bonds shall be solely and exclusively as provided in Section 1 of this Resolution. The authority to issue the Bonds is intended to and shall include the authority to issue revenue refunding bonds. Reference herein to the "Bonds" shall include revenue refunding bonds where appropriate. In the event that any refunding bonds are issued pursuant to this Resolution, the outstanding principal amount of any "refunded bonds" (as hereinafter defined) shall not be taken into account in determining the aggregate principal amount of the Bonds issued, sold and delivered hereunder. The term "refunded bonds" means any Bonds (i) for the payment of which (both principal and interest) provision has been made from the proceeds (including any earnings on the investment thereof) of Bonds issued pursuant to this Resolution, or (ii) which have been paid from such proceeds, whether such provisions for payment, or such payment is made at or prior to the maturity of such Bonds. SECTION 3. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, T at the President of the Board is hereby author— iTze, empowered, and directed to accept the Letter of Intent on behalf of the County in order to evidence the intent of the County to issue, sell and deliver the Bonds in accordance with the terms and provisions of this Resolution. This Resolution is intended to be, and shall constitute, evidence of the County's intent to issue and deliver the Bonds authorized hereby in accordance with the terms hereof when the Bonds are sold, provided that the County shall have no duty to obtain a purchaser or purchasers therefor and shall incur no pecuniary liability in the event the Bonds are not sold. The County and the Borrower contemplate that the Borrower, may proceed with the acquisition of the Facility prior to the issuance, sale and deliv- ery of the Bonds authorized hereby. SECTION 4. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bonds shall be executed in the name of the County and on its behalf by the President or Vice President of the Board, by his or her manual or facsim.le signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other autho- -d offic r) by his or her mmmi-al or facsimile signature. The Bond Documents shall be executed in the name of the County and on its behalf by the President or Vice President of the Board by his or her manual signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other -6- authorized officer) by his or her manual signature. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds or any of the aforesaid documents shall cease to be such officer before the delivery of the Bonds or any of the other aforesaid documents, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The President of the Board, the Clerk to the Board and other officials of the County are hereby authorized and empowered to do all such acts and things and execute such other documents and certificates as the Board may determine in the Administrative Resolution to be necessary to carry out and comply with the provisions hereof. SECTION 5. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That prior to the issuance, sale and a ivery of the Bonds, the President of the Board shall execute the Written Order, pursuant to which the President of the Board may (without limitation) specify, pre- scribe, determine, provide for or approve, all within the limita- tions of this Resolution and the Act, all matters, details, forms, documents and procedures pertaining to the sale, security, issuance, delivery and payment of or fcr the Bonds, including (without limitation): (a) the principal amount of the Bonds to be issued at any one time ana from time to time, the rate or rates of interest thereon, the date or dates of maturity thereof, provisions for the payment thereof, prepayment, sinking fu:x3 and redemption provi- sions (if any) thereof, the designation or designations of the Bonds and of any series, and the date or dates of issuance there- of; (b) the form, tenor, terms and conditions of the Bonds, and provisions for the registration and transfer of the Bonds (if any) ; (c) the form and contents of, and provisions for the execution and delivery of, such financing documents as the President of the Board shall deem necessary or desirable to evidence, secure or effectuate the Loan and the issuance, sale and delivery of the Bonds, including (without limitation) any loan agreements, notes, mortgages, security agreements, assignments, guarantees, financing agreements or escrow agreements; (d) provision for the payment directly by the borrower of all expenses of preparing, printing and selling the Bonds, including (without limitation) any and allcosts, fees and expenses, incurred by or on behalf of the County in connection with the authorization, issuance, sale and delivery of the Bonds, and all costs incurred in connection with the development of the + s_ fees l to the nnn rnnri sa T'P 1 PfTA j (7!1(;llmI1Lti,, 1111:111U tiicj fees of vv uio �•a County, and compensation to any persons (other than full-time employees of the County) of entities performing services for or on behalf of the County in connection therewith and in connection with all other transactions contemplated by this Resolution, -7- whether or not the proposed financing is consummated; (e) the creation of security for the Bonds and provi- sion for the administration of the Bonds, including (without limitation) the appointment of such trustees, escrow agents, payment agents, registrars or other agents as the Board shall deem necessary or desirable to effectuate the transactions authorized hereby; (f) the preparation and distribution, in conjunction with representatives of the Borrower and the prospective pur- chasers of or underwriters for the Bonds of any series, both a preliminary and a final official statement, placement memoranda or offering circular in connection with the sale of the Bonds of any series, if such preliminary official statement and final, official statement, placement memoranda or offering circular are determined to be necessary or desirable for the sale of the Bonds of such series; (g) the form and contents of, and provisions for the execution and delivery of, a contract or contracts for the pur- chase and sale o€ the Bonds of any series (or any portion there- of); and (h) such other matters in connection with the authori- zation, issuance, execution, sale, delivery and payment of the Bonds, the security for the Bonds and the Loan, and the consum- mation of the transactions contemplated by this Resolution as may be deemed appropriate and approved by the President of the Board including (without limitation) establishing procedures for the execution, acknowledgement, sealing and delivery of such other and further agreements, documents, and instruments, and the authoriza- tion of the officials of the County to take any and all actions, as are or may be necessary or appropriate to consummate the transactions contemplated by this Resolution in accordance with the Act and this Resolution. SECTION 6. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That (a) THE ACT PRO- VIDES THAT NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY WITHIN THE MEANING OF ANY CONSTI- TUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND SHALL NEVER CONSTITUTE OR GIVE RISE TO PECUNIARY LIABILITY OF TINE COUNTY. In order to implement Section 266F(e) of the Act stating that the Bonds shall never constitute or give rise to pecuniary liability of the County, the Written Order, the Loan Agreement, the Bonds and the Bond Documents may provide that no bondholder shall look to th rnunty for damages suffered by such bondholder as a result of the failure of the County to perform any covenant, undertaking or obligation under. the Bond Documents, nor as a result of the incorrectness of any representation made by the County in the Bond Documents. Although this Resolution recognizes that the Bond Documents shall not give rise to pecuniary liability -8- of the County, nothing contained in this Resolution or in the Bond Documents shall be construed to preclude in any way any action or proceedings (other than that element in any action or proceeding involving a claim for monetary damages against the County) in any court or before any governmental body, agency or instrumentality, or otherwise against the County or any of its officers or employ- ees to enforce the provisions o€ any of the Bond Documents. (b) Although the Bond Documents shall provide that the County shall have the right to seek remedies in the event of a default by the Borrower, it is contemplated that the County will assign the performance of obligations to take action to the trustee for the holder(s) of the Bonds or the purchaser or holder of the Bonds, in order to implement the purposes and intent of the Act, namely to facilitate the acquisition of the Facility by the Borrower without incurring any pecuniary obligation or liability of the County. Accordingly, if a trustee is appointed for such purpose, the trustee shall have the duty to act, whether or not at the direction of bondholders, in all instances in which the trustee for such Bonds may act and determines that action is appropriate. In any case where action by the trustee for the Bonds or the purchaser or holder of the Bonds requires simultane- ous or subsequent action by the County, the County will cooperate with such trustee or the purchaser or holder of the Bonds and take any and all action necessary to effectuate the purposes and intent of the Resolution and the Bond Documents. The performance by the trustee for the Bonds or the purchaser or holder of the Bonds of obligations under any of the Bond Documents permits the iatifi- cation of all costs arising from the exercise of such obligations. The Bond Documents shall provide that the Borrower shall pay those costs in order to avoid any direct or indirect pecuniary burden on the County. SECTION 7. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That, as permitby e Act, a Bons of each series shall be sold at private (nego- tiated) sale and at par, unless the President of the Board deems it to be in the best interests of the County to sell the Bonds of any series at public sale or by retail sale or above or below par, in which event the Bonds of such series shall be sold in such manner, at such price or prices and upon such terns as shall be determined in the Written Order to be in the beat interests of the County. The Bonds of each series shall be sold at such times, on such dates and to such persons, firms or corporations (including, without limitation, banks or other financial institutions) as shall be determined by the President of the Board (as the case may be), with the consent of the Borrower. SECTION 8. AND BE IT FURTHER RESOLVED BY THE BOARD OF CGUrY co li3SiONERS or W'ASHINTN COLT= That t. P provisions oAZ tie Reso ution are severable, and V if any provision, sentence, clause, section or part hereof is held illegal, invalid or uncon- stitutional or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality, or inapplicability -9- shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Resolution or their application to other persons or circumstances and the remaining provisions shall be construed so as to give practical realization to the public purposes intended to be achieved hereunder and the protection against pecuniary liability to be afforded to the County. It is hereby declared to be the legislative intent that this Resolution would have been passed if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included herein, and if the person or circumstances to which this Resolution or any part hereof are inapplicable had been specifically exempted herefrom. SECTION 9. AND BE IT FURTHER RESOLVED BY THE BOARD OF reserves the right to refrain from issuing the Bonds hereby authorized or to postpone such issuance for such time or times as it may determine if it, in its sole discretion, determines (i) that the interest on the Bonds will or may not be exempt from federal income taxation, or (ii) that the issuance of the Bonds might prevent it from issuing its bonds the interest on which will be exempt from federal income taxation, to finance one or more other facilities at such time or times as it desires to issue such bonds for other facilities. SECTION 10. AND BE COUNTY COMMISSIONERS OF WAS13INGTON COUNTY, That unless sucn time period shall e limited by other applicable law, in the event that the financing transactions contemplated by this Resolution shall not have occurred by November. 15, 1984, the County's authoriza- tion under this Resolution shall terminate unless otherwise extended by Resolution of the Board. SECTION 11. AND BE IT FURTHER RESOLVED BY THE BOARD OF That this Resolu DUtion. PASSED AND ADOPTED this of September, 1984. ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY t i�nr Clerk [SEAL] By. Ronald L. rs, resi ent Board of County Commissioners -10- I .� September 11; 1984 County Commissioners of Washington County c/o Leroy R. Burtner, Director Washington County Economic Development Commission Court House Annex Hagerstown, Maryland 21740 Re: $250,000 Washington County, Maryland, Economic Development Revenue Bonds ,(Hagerstown Produce Company, Inc. Pro'ect Ladies and Gentlemen: Edwin B. Gleaner, Jr. and Rebecca A. Gleaner (col- lectively, the "Borrower"), request that County commissioners of Washington County (the "County") participate in the financing of the acquisition and construction of new facilities hereinafter described (the "Facility") to be located in Washington County, Maryland, by authorizing, issuing and selling its economic development revenue bonds in a principal amount not to exceed $250,000 (the "Bonds"), pursuant to Sections 266A through 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume) as amended (the "Act"). It is intended that this letter, if accepted by the County, shall constitute a "letter of intent" as contemplated by Section 266A(h) of the Act. it is proposed that the County loan the proceeds of the ;4 Bonds (the "Loan") to the Borrower pursuant to the terms and provisions of a loan or similar agreement to be entered into by the County and the Borrower (the "Loan Agreement"). The Loan Agreement will require the Borrower to use the proceeds of the Loan for the sole and exclusive purpose of financing the acquisi- a tzuc�i n of the F-.ci1 ! Pt, by, the Rorrcwer �a generally b.1 -V it dliV VVLIO �.i Y.r vi VJ• 1 j described herein and the payment of the costs of preparing and selling the Bonds and other costs as permitted by the Act. The Facility will be leased by the Borrower to Hagerstown Produce County Commissioners of Washington County Page 2 September 11, 1984 Company, Inc., a Maryland corporation (the "Tenant"), for use as warehouse and office space in its wholesale produce business. The Bonds shall be repayable by the County solely from the revenue derived from loan repayments (both principal and interest) made to the County by the Borrower pursuant to the terms and provisions of the Loan Agreement and from any other monies made available to the County for such purpose. The Borrower is a "facility applicant" and "facility user" and the Tenant is a "facility user" (as mentioned in Section 266A(h) and (i) of the Act). The Loan Agreement will require the Borrower to make Loan payments (both principal and interest) sufficient to pay (a) the principal of, and interest and redemption premium, if any, on, the Bonds, and (b) all expenses incurred by the County in connec- tion with the issuance and sale of the Bonds and the making and administration of the Loan, as the same become due and payable. The Borrower agrees that all costs of acquiring and constructing the Facility in excess of the proceeds of the Loan will be paid by the Borrower. The Loan Agreement will contain such other pro- visions as may be required by law and as may be agreed to by the Borrower, the County, and the purchaser(s) of the Bonds, as permitted by law. The Facility, which is a "facility" as defined in the Act, will consist generally of (i) approximately 5.26 acres of land located along the northeast side of Md. Route 68, between Governor Lane Blvd. and Penn Central Railroad in the Interstate Industrial Park, Williamsport, Washington County, Maryland (the "Land"); (ii) one or more buildings of approximately 12,500 square feet of warehouse and office space (the "Buildings"); (iii) equipment for the Buildings (the "Equipment"); and (iv) any other improvements or interests in land necessary or desirable for operation of the Buildings, together with roads or other rights of access, utilities, and other facilities necessary to the acquisi- tion, construction and operation of the Facility. It is expected that within the first five years of operation, the Facility will provide employment for approximately 15 more people than are employed by the Tenant at its present ll . 4QLi ��.VlI. l The acquisition of the Facility will promote the de - dared legislative purposes of the Act by (a) creating jobs and thus relieving conditions of unemployment in the State of Maryland County Commissioners of Washington County Page 3 September 11, 1984 (the "State") and in Washington County, (b) encouraging the in- crease of industry and commerce and the creation of a balanced economy in the State and in Washington County, (c) assisting in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State and in Washington County, (d) promoting economic development, and (e) generally promoting the health, welfare and safety of the resi- dents of the State and Washington County. Financial considerations have been a factor leading to the Borrower's decision to acquire the Facility and its decision has been influenced materially by the availability of economic development revenue bond financing. It is expressly understood and agreed that (a) the County will not incur any liability, direct or indirect, or any cost, direct or indirect, in connection with the issuance and sale of the Bonds, the making of the Loan or the rehabilitation, modernization and construction of the Facility, and (b) the Facility will be acquired so as to conform to the requirements of the Borrower. Accordingly, the Borrower will (a) select, super- vise and work with the suppliers and contractors and will provide, construct, and equip the Facility, and negotiate and approve all contracts, construction plans, drawings, specifications, and all financing arrangements in connection with the acquisition and construction of the Facility, and (b) pay all costs incurred by, or on behalf of, the County in connection with the issuance, sale, delivery and administration of the Bonds, the making of the Loan, including the adiminstration thereof, and in connection with the acquisition and construction of the Facility, including (without limitation) all costs incurred in connection with the development of the appropriate legal documents necessary to effectuate the proposed financing and acquisition, including (without limitation) the fees of bond counsel to the County and compensation to any other person (other than full time employees of the County) performing services by or on behalf of the County in connection with the transactions contemplated by this letter of intent whether or not the proposed financing and acquisition are consum- mated. It is further understood and agreed to by the Borrower LIIaL LIAe p£Ut.)Ub .1 poi-itained £1 4. .1L is I- aije.a. o 11izll sa, puia.ia. hearing to be held by the County pursuant to at least fourteen (14) days notice in a newspaper of general circulation in Wash- ington County, (b) the approval of, and appropriate action by, the Board of County Commissioners of Washington County which action County commissioners of Washington County Page 4 September 11, 1984 includes, but is not limited to, passage by the County of a reso- lution implementing the financing of the project described herein and approving the Bonds (the "Resolution"), and either the passage of a final administrative resolution or the execution of a Written order as will be provided for in the Resolution, and (c) the approval of detailed provisions of all documents pertaining to the financing as yet to be developed. The acceptance of this letter by the County shall constitute evidence of the present intent of the County to auth- orize the issuance, sale and delivery of the Bonds and to author- ize the Loan for the purposes described herein subject to the con- ditions described herein; provided, however, that the Borrower recognizes that: 1. The County cannot make any guaranty, promise or assurance that the terms and conditions (including, but not limited to, the principal amount of the Bonds to be issued, the rate or rates of interest the Bonds are to bear, the times that the interest on the Bonds is to be paid, the redemption provisions for the Bonds, the time the Bonds are to be executed, issued and delivered and their form, tenor and denomination) of the Bonds as actually authorized to be issued, will be acceptable to the Bor- rower; 2. The County can give no guaranty, promise or assur- ance as to the availability of ready, willing and able purchasers of the Bonds; and 3. The County reserves the right to refrain from issuing the Bonds hereby authorized or to postpone such issuance for such time or times as it may determine if it, in its sole discretion, determines (i) that the interest on such Bonds will or may not be exempt from federal income taxation, or (ii) that the issuance of such Bonds might prevent it from issuing its bonds, the interest on which will be exempt from federal income taxation, to finance one or more other facilities at such time or times as it desires to issue such bonds for other facilities. The County's adoption of the Resolution and its accept- ance of this letter of intent are intended solely to implement the f cancang of thm, prniPct described herein by enabling the issuance and sale by the County of the Bonds. Neither the acceptance of this letter of intent, nor the adoption of the Resolution will constitute any assurance by the County to any prospective pur- chasers of the Bonds that (i) the Borrower will have the ability County Commissioners of Washington County Page 5 September 11, 1984 to repay the Loan, (ii) the Facility will be feasible economically or otherwise, (iii) the Facility will be completed, or (iv) the Facility will be in compliance with applicable County, State or Federal laws. The Borrower agrees to use its best efforts to complete the financing contemplated hereunder and to acquire and construct the Facility. It is also understood and agreed that the County re- serves the right to withdraw the authorization set forth in the Resolution and this letter of intent should either the Facility or such authorization prove to be in violation of the County, State or Federal laws applicable to the Facility or such authorization unless appropriate steps are taken by the Borrower to alter the Facility or otherwise, to bring the proposed Facility or financing into compliance with such laws. The Borrower intends that the interest payable on the Bonds shall be exempt from federal income taxation pursuant to Section 103(b) of the Internal Revenue Code of 1954, as amended. The Borrower acknowledges that certain legislation has been adopted which, among other things, may adversely affect the exemption from federal income taxation with respect to the interest payable on the Bonds, limit the use which may be made of the proceeds of the Bonds, or limit (by a volume cap or otherwise) the ability of the County to issue bonds or other obligations, the interest payable on which is to be exempt from federal income taxation. The Borrower agrees that it will provide all certifica- tions (including opinions of its counsel) required by bond counsel to the County in order to establish that interest on the Bonds will be exempt from Federal income taxation (including certi- fications enabling the County to certify that. the Bonds are not arbitrage bonds). The Borrower also agrees that in the event that it determines that a portion of the tract of land to be acquired out of the proceeds of the Bonds is not required for operations of the Borrower, any proceeds from the sale of which land shall be applied to a reduction of principal on the Bonds. Neither the Bonds, nor any interest tnereon, shall ever constitute an indebtedness or a charge against the general credit or taxing powers of the County, within the meaning of any consti- tutional or charter provisions or statutory limitation, and neither shall ever constitute or give rise to any pecuniary A Fi, ' County Commissioners of Washington County Page 6 September 11, 1984 liability of the County. In the event that the financing transactions contem- plated by this letter of intent shall not have occurred by November 15, 1984 (or such shorter period if required by applic-. able law), the County's authorization under this letter of intent shall terminate. n Accepted this /f day of September, 1984, pursuant to a Resolution passed by the' County Commissioners of..Washington County on September, 1984, by the President of the Board of County Commissionerd of Washington County. ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: Rona L. B xs, res ent Board of County Commissioners of Washington County September 18, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. I I r; I INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Rev. Marcus Rackley, Paramount Baptist Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PURCHASE OF VIDEO EQUIPMENT FOR INFORMATION CENTER Motion made by Commissioner Roulette, seconded by Salvatore to approve of the request of Bob O'Connor, Tourism Director, to use unexpended funds in the South Mountain Information Center Budget to purchase video equipment for the Center at a cost of $2,113, with this amount to be 100% reimbursed by the State. Unanimously approved. DIRECTION RE NEW I-81 INFORMATION CENTER At the request of the Tourism Director for direction on the establishment of a tourism information center on I-81 near Williamsport, the Commissioners instructed Mr. O'Connor to try to negotiate an agreement with Washington County Touiiam, Inc. whereby the facility would be acquired by the private sector and leased to the County. APPOINTMENT TO CHILDREN'S COUNCIL Motion made by Commissioner Roulette, seconded by Salvatore to appoint Linda Lund to serve for a three (3) year term as a member of the Washington County Children's Council. Unanimously approved. APPLY FCR MILA LOAN TO COMPLETE SHELL BUILDING Motion made by Commissioner Roulette, seconded by Salvatore to apply for a second loan from the state Department of Economic and Community Development in the amount of $825,000 to complete the shell building in the Washington County Industrial Park to meet the requirements of Dutcher Industries. Unanimously approved. DECLINE TO ADVERTISE IN TABLOID Motion made by Commissioner Downey, seconded by Salvatore to decline to purchase an ad in the Alsatia Club's Mummers Parade Tabloid , since the County makes an annual contribution towards this event. Unanimously approved. RENEW ELECTRICAL INSPECTION CONTRACT Motion made by Commissioner Downey, seconded by Salvatore to renew the contract with the Middle Department Inspection Agency for a one-year period, to provide electrical inspection se_vices in Washington County. Unanimously approved. REPAIR DITTO FARMS BARN ROOF Motion made by Commissioner Salvatore, seconded by Snook to appropriate approxi- mately $4,000 from Capital Contingency to make the necessary repairs to the barn roof at Ditto Farms. Unanimously approved. ADDITIONAL FUNDS TO CROSSING GUARDS BUDGET Mien made by Commissioner Salvatore, seconded by Roulette to appropriate $2.,500 from Operating Contingency for the Crossing Guards Budget to cover the extra time the guards are required to work in the Beater School area. Unanimously approved. ACCEPT AIP-02 GRANT Motion made by Commissioner Snook, seconded by Salvatore to formally accept a grant of federal funds in the amount of $385,450 from the Federal Aviation Admin- istration for the Washington County Regional Airport AIP Project No. 3-24-0019-02. Unanimously approved. ROAD MAINTENANCE - BLUE MOUNTAIN ESTATES Motion made by Commissioner Salvatore, seconded by Roulette to approve of the pro- posal submitted by the Director of Housing and Community Development, whereby the the Co,,nty Roads Department will provide routine maintenance of the interior street and parking areas of Blue Mountain Estates in Smithsburg, with mowing and snow removal to be contracted by the 1lousing Authority ano street resurfacing included with the county's overlay projects for payment by the Housing Authority. Unani- mously �. approved. FENCING FOR LITTLE LEAGUE FIELD AT HALFWAY PARK MotIn made by comm ss oner Downey, seconded by Roulette to allocate Program Open Space Funds and local matching funds fox the construction of additional fencing at the Little League field in Halfway Park to correct safety problems that currently Axist. Unanimously approved. SEPTEMBER 18, 1984 MINUTES, CONT'D. INSPECTION SERVICES - VALLEY ROAD BRIDGE PROJECT Motion made by Coiwissioner Snook, seconded y 79alvatore to accept the recommendation of the County Engineer and select Alex Moyseenko with the firm of W. J. Teach and Associates to perform inspection services on the Valley Road Bridge Project for a fee of $14.00 an hour. Unanimously approved. REMAINING OVERLAY WORK - MAUGANSVILLE/ORCHARD HILLS SEWER PROJECT Motion made by Commissioner Roulette, seconded y Salvatore to appropriate $46,885.17 Zrom Fund Balance to complete the overlay of streets in the Maugansville/Orchard Hill area that were not included as a part of the sewer project. Unanimously approved. OVERTIME REQUIREMENTS -- SHERIFFS DEPARTMENT Sheriff enn owman sansLieutenent WayMicAl1ister appeared before the Commissioner to inform them that the current inmate population required opening the third pod, and for this reason, along with training time, vacation and sick leave, there was not adequate personnel to meet the 1.67 relief factor without excessive use of overtime. They asked the Commissioners consideration of providing additional personnel. The Commissioners asked the officers to check if manpower may be available from the area state prisons on a part-time basis when known absences occurred and withheld any decision in the matter until this information was available. BID OPENING/AWARD - PRINTED MATERIAL FOR GENERAL ELECTION nnee bid was received and publicly opened for Printed Material for the General Electiol The firm submitting a proposal was Tri-State Printing with a bid of $2,972. MOTION made by Commissioner Roulette, seconded by Snook to accept the recommendation of the Election Board Registrar and award the bid for Printed Material for the General Election to Tri-State Printing who submitted the only bid of $2,972. Unani- mously approved. BID OPENING - GRADING & PAVING AT LANDFILL Bid. for Grading andPaving &t t1 ResTiRoad Landfill were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Beaver Creek Paving - $27,155; P. & W. Excavating - $12,875; Craig Blacktop & Paving, inc. - $12,520. The bids will be reviewed by appropriate officials prior to a decision being rendered. REVISE AND PROCEED WITH OPTIONS FOR SOUTH COUNTY PARK PROJECT reviewAfter and revision of the options for acquisition of land from Commodore E. Giffin and Mervin W. Myers, and Nick J. Salamone, Jr., for the development of a south county park, and consideration of the comments and recommendations made at the meeting in Dargan on September 11, 1984 and those made by members of the Chestnut Grove Citizens Coalition, this date, a MOTION was made by Commissioner Salvatore, seconded by Roulette and unanimously adopted, to proceed with acquiring the above mentioned properties, in accordance with the provisions of the options as revised this date, for the purpose of developing a county park on Chestnut Grove Road in southern Washington County; it was further moved that a community committee be established for the purpose of seeking an available site for the development of a county park on the east side of Elk Ridge to serve the residents of that area. REQUEST ASSISTANCE WITH ZONING PROBLEM 6onald 'Tommy T ompson, I r ,gpziny businessman, appeared before the sioners to inform them of his plans to purchase a Hagerstown manufacture d RESOLUTION TO CREATE AN AIRPORT COMMISSION by Roulette to adopt a Resolution pursuant to the authority ccntained in Section 5-418 of the Transportation Article of the Annotated Code of Maryland, to create a Washington County Regional. Airport Commission which shall operate, maintain ..:nd improve the Airport within its dis- cretion except as same may be limited by law, regulation or other valid authority. Unanimously approved. (Copy of. Resolution attached.) Li I 1 LI 1 n 1 I SEPTEMBE)t 1.8;.19134 MINUTES, CONT'D. eceived for Record Sept. 26, 1984 at 10:18 A. M. ec:rded in Acts, Ordinances & Resolutions (Washington Lounty3. fice of Clerk of Circuit Oourt Liber 3 987 RESOLUTION NO. WHEREAS, Section 5-418 of the Transportation Article of the Annotated Code of Maryland provides that any political sub- division within the State of Maryland which controls an air navigation facility may create an agency and delegate certain responsibility to said agency to operate the air facility; NOW, THEREFORE, BE IT RESOLVED that pursuant to said authority the Board of County Commissioners of Washington County, hereinafter referred to as BOARD, does hereby create a Washington County Regional Airport Commission, hereinafter referred to as COMMISSION, as follows: SECTION 1 1. The Commission shall consist of five (5) voting members, who shall be appointed by the Board. In addition, one member of the Board and the County Director of Economic Development shall I serve as non -voting, ex -officio members of the Commission during !Itheir respective terms of office. � I 2. The original term of two members shall be for two (2) years; the original term of three of the members shall be for three (3) years. Subsequent terms of members shall be for three (3) years. Members of the Commission shall be eligible for it ;!reappointment. I I 3. Members of the Commission may receive compensation in an amount as may be set forth from time to time by the Board. it 4. Vacancies occurring in the Commission for any reason I ;shall be filled for the unexpired term by the Board. The Board shall have the authority to remove any members of the Commission when in its discretion the best interest of the community shall be served thereby. 5, ..id .,•c^worn thnll .,l- frnm among their members a Chairman and a Vice -Chairman, and shall also elect a Secretary, who may or may not be a nember of said Commission. No two of such offices may be hold by one member. The officers shall have the duti.os and powers usually attendant, upon such officers, and such other duties and powers not incunsiatent herewith as may be provided by the Commission. is -2 - SECTION 2 1. The Commission shall operate, maintain and improve the IjAirport within their discretion except as same may be limited by illaw, regulation or other valid authority. 2. The Commission shall prepare and submit to the Board annually, in accordance with County procedure, an operating budget and capital budget, for approval by the Board. 3. The Commission shall seek advice from and utilize the services of any County Department or agency as is available and needed, and shall comply with all purchase and budget requirements of the County, 4. The Commission shall.have full authority to enter into, execute, and enforce any contracts, leases or concessions per- taining to any building, facility and/or land of said Airport, subject to approval of the Board. 5. The Commission shall have the authority to acquire by purchase, lease or gift any real or personal property, franchises, easements, or other rights which may be necessary or proper for the operation of the Airport; and may acquire real property in such manner for use as terminal facilities, maintenance and garage facilities, ramps, parking facilities and other facilities used or useful for the Airport provided, however, that the acquisition of any real property by purchase, lease or gift shall be subject to the prior approval of the Board. 6. The Commission shall have authority to lease, sell, and otherwise dispose of any of its property or to contract with any lIpersons or any operator, for use by such person or operator, any �Inrior real or personal property under its control, subject to the approval of the Board. it7. The Commission shall have authority to accept gifts, !grants, or loans of money or other property from the United States, the State, or any person or entity; and for 4„nh *+nrposes may enter into any agreement required in connection therewith, subject to the prior approval of the Board. ,, - 3 - 989 8. The Commission shall have the power to adopt and alter fall bylaws and rules and regulations which it shall from time to time deem best for the conduct of the business of the Airport, land for operation of the Commission, and for the purposes of carrying out the objects of this Resolution; but such bylaws, rules and regulations shall not be in conflict with the terms of this Resolution, and shall be first approved by the Board before the same shall become effective; PROVIDED THAT, anything set forth'. in this Subsection to the contrary notwithstanding, the Commission. i shall adopt any bylaw, rule or regulation initiated by the Board i whether or not such bylaw, rule or regulation was first recom- mended by the Commission; however, the Board will consider the Commission's advice of any such bylaw, rule or regulation initiated by it before promulgating the same for adoption by the Commission. 9. The Commission shall have authority to fix, alter, change,; and collect fares, fees, rentals and all other charges to be made li for all services or facilities furnished by the Commission to the public, or any persons or public or private agencies; provided, however, that no initial charge or change in charges can be made except upon public hearing before and approval by the Board. SECTION 3 1. The Commission shall recommend to the Board individuals j believed competent by the Commission for appointment as Airport Manager and to recommend the removal of any individual previously appointed to such position b3 the Board if the Commission feels that such individual is not properly performing the duties of !!such office; similarly, it shall be the right and duty of the !Commission to recommend the employment or removal of any other ;,employees, consultants or attorneys required by it in the oper- H- of the 'irpn,•t• ;n ,.arh of the situations herein mentioned, the authority to hire or remove shall rest solely in the Board but in any particular situation, it shall give due consideration j'to any recommendation made to it by the Commission. 1 2. The Commission shall have the authority to provide policy ',and operational direction to the Airport Manager; the Manager will ii !be considered a Department Head of the County and will as such be directly responsibi.e to the County Administrator for the routine daily operation of the Airport. 3. The Washington County, Maryland Employee Handbook of (Rules and Regulations, in the current edition, shall be the personnel policy of the Commission, and Airport employees for all ;matters relating to employment. Adopted this /day of , 1984. ATTEST AS TO SIGNATURE AND CORPORATE SEAL ryn ort, C erk WITNESS: App ved for legal sufficiency: David . Poole, . County Attorney BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND Ronal L, rs, President c ar E. Roulette, V ce-Pres ent R. Lee Downey -n-- .3epn R. Salvatore Ma_ n `,-Snook ;SEPTEMBER 18, 1984 MINUTES, CONT'D. Li rl u H C APPOINTMENTS TO AIRPORT COMMISSION Motion made by Commissioner Snook, seconded by Salvatore to appoint Frank Park, Kent Mitchel and Rollan Myers to serve as members of the Washington County Regional Airpo Commission. Unanimously approved. COMPENSATION FOR AIRPORT COMMISSION MEMBERS Motion made by Commissioner Downey, seconded by Salvatore to compensate Airport Commission members $100.00 per month. Unanimously approved. PROCLAMATION - MS. WHEELCHAIR MARYLAND DAY Motion made by Commissioner Salvatore, seconded by Downey to Proclaim October 13, 1984, as Ms. Wheelchair Maryland Day in Washington County and urge all citizens to recognize that the talents and skills of physically challenged persons continue to help improve the quality of all our lives as active members of our society. Unani- mously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 1:40 p.m. in regard to personnel matters, pursuant to the authority con- tained in Article 76(A), Section 11(a)(6 & 7)of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Salvatore, seconded by Roulette to reconvene in Regular Session at 2:50 p.m. Unanimously approved. EMPLOY PART-TIME ADMINISTRATIVE SECRETARY Motion made by Commissioner Roulette, seconded by Salvatore to employ Sue Schl in the position of Administrative Secretary on a part-time basis. Unanimously approved. ADJOURNMENT Motion made by Commissioner Snook, seconded by Salvatore to adjourn at 2:55 p.m. Unanimously approved. my Attorney — -, Clerk September 25 , 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the ring by the full n )i gc. PROCLAMATION - "MACK IS BACK" Motion made by Conunissioner Roulette, seconded by Snook to Proclaim Monday, October 1, 1984; as "MACK IS BACK" Day in Washington County, in recognition of the selection of Mack Trucks, Inc. as recipient of a 1984 Bill Pate Award, and in appreciation of the positive impa.ct it has on our local economy. Unanimously approved. Commissioner Roulette read the Proclamation and presented a copy to David Cole, Director o1Public Relations for Mack Trucks, Inc. PRsSENTA'rTON OF CI RTTFI_'ATS OF MERPP - JOHN WEI.LER Commissioner Bowers presented a Certificate of Merit to John Weller, Senior Project Engineer, in appreciation for twenty-five (25) years of service as an employee in the Engineering Department. SEPTEMBER 25, 1984 CONT'D. (MINUTES, CHANGE IN DESIGN SERVICES - BEAVER CREEK CHURCH ROAD BRIDGE ;I Motion made by Commissioner Roulette, seconded by Downey to accept the recommendation !I of the County Engineer and allocate an additional $2,750 for modification of the design of Beaver Creek Church Road Bridge, in order to retain the bridge's aesthetic qualities while providing structural protection. Unanimously approved. APPOINTMENTS TO AIRPORT COMMISSION ton made by Commissioner Roulette, seconded by Snook to appoint Carolyn Rider and Charles Creager to serve as members of the Washington County Regional Airport commis- sion. Unanimously approved. APPOINTMENTS TO ELECTRICAL BOARD''', Motion made by Commissioner Snook, seconded by Roulette to appoint Eleanor Lakin and Jack Barr to serve as the at -large members of the Board of Electrical Examiners and Supervisors for Washington County. Unanimously approved. AWARD CONTRACT FOR GRADING AND PAVING AT LANDFILL II Motion made by Commissioner Downey, seconded by Roulette to award the contract for grading and paving at the Rash Road Landfill to Craig Blacktop & Paving, Inc. who submitted the low bid of $12,520.00. Unanimously approved. TABLE DISCUSSION OF OVERTIME FOR LAB TECHNICIAN ton made by Commissioner Snook, seconded by Roulette to Table discussion at this time on the request of the County's medical examiner for the County to pay for the services of laboratory technicians for autopsies performed on weekends. Unanimously approved. FRENCH COMPANY RECYCLING PLAN Mike McGauhey, local consultant for Valorga Company, a French firm that recycles waste into fertilizer and methane gas, appeared before the Commissioners to inform them that the firm is eager to bring the recycling system to America. He asked if the County would help fund the project if the company was willing to locate here, and pointed out that it would enable the attracting of industries that heretofor had to be turned away because of the inability of present systems to treat certain wastes. • The Commissioners took the matter under advisement at this time. At this time Commissioner John R. Salvatore arrived at the Meeting. OPTION AGREEMENTS - EASTERN BOULEVARD Motion made by Commissioner Downey, seconded by Salvatore to approve of the Eastern Boulevard Option Agreement with Grady M. & Gary Martin Grimm for the conveyance of 42,816 sq. ft. in Fee Simple, 200 sq. ft. in Perpetual Easement, 2,900 sq. ft. in Revertible Easement and the provisions of the Supplemental Letter dated September 10, 1984 for the sum of $20,000. Unanimously approved. MOTION made by Commissioner Salvatore, seconded by Snook to approve of the joint City/County Agreement with Chessie System Railroad for acquiring a section of Antietai Branch in Washington County consisting of approximately 2.2 acres for the sum of $35,300. Unanimously approved. REORGANIZATION - HOUSING & COMMUNITY DEVELOPMENT nett� vanHh1T ector TT Department of Housing & Community Development, appeared before the Commissioners to submit a proposal for reorganization of the Department. She explained that this included the creation of two new positions, elimination of three positions and the upgrading of the Housing Aides to Housing Yrocena.r5. The Commi99irn rR took the matter under advisement at this time. Ii BID OPENING - COPY Eg!lIPMENT �I B s for the replacement/renewal of contracts for the 9200, 3107 and 2600 Xerox machines located in the Court House and Detention Center were publicly opened. Because of the complexity of the bids, only the names of the bidders were read aloud. Firms participating in the bidding were as follows: Xerox Corporation, Word Proces- sing Services, Ropho Sales, Office Suppliers and I.H.M. The bids will be reviewed by appropriate officials prior to a decision being rendered. �I BID OPENING - CLOVERTON ROAD RESURFACING t�m +;R concrete resat -acInq of roads in the Cloverton Subdivision near Williams ort were publicly opened and read aloud. r•irms aii.iti '-g 'r. t e '_<3n^ p P P f...pery ton their proposals were as follow: P. & W. Excavating - $34.85 per ton in place, �. Richard F. Kline - $30.50 per ton in place, Union Equipment - $31.00 per ton in II place and Beaver Creek Paving - $31.00 per ton in place. The bids will be reviewed by appropriate officials prior to a decision being rendered. PUBLIC HEARING •- CREASE'Y_ COMPANY BOND TSSUFi The President convened the Meeting in Public Hearing at 11:1.0 a.m. to permit any resident of Washington County to appear and testify concerning the proposed issuance and sale of Economic Development Revenue. Bonds in a maximum aggregate face amount. not to exceed $1.,100,()00 for the benefit of the Creasey Company of Maryland, Inc. (At this time it was explained by Bond Counsot that this second Public Hearing, renArdin't the Creisey Company Bond Issue, wan required since the II • SEPTEMBER 25, 1984 MINUTES, CONT'D. Hearing held on August 21, 1984, did not fully meet a legal technical H requirement.) There being no one present to speak for nor against said Bond Issue, the President closed the Hearing at 11:35 a.m. and reconvened the Meeting in Regular II Session. CONFIRM PREVIOUS ACTION RE CREASE? COMPANY BOND ISSUE 1, Motion made —by Commissioner Roulette, seconded y Snook to confirm the Official Action taken on August 21, 19R4, whereby a Resolution was adopted approving a $1,100,000 Economic Development Revenue Bond Issue for the benefit of the Creasey Company of Maryland, Inc. Motion carried with Commissioners Roulette, Snook, Downey and Bowers voting "AYE" and Commissioner Salvatore "ABSTAINING". SALE OF AGRICULTURAL PRESERVATION EASEMENTS (Commissioner Downey Abstained from discussion of/participation in the following matter.) After due consideration of all the matters and facts adduced at the Public Hearing held on September 11, 1984, a MOTION as made by Commissioner Salvatore to approve of the application of Hayes for the sale of a Development Rights Easement, based on the rating assigned by the Agricultural Preservation Advisory Board. Motiol died for lack of a second. MOTION made by Commissioner Snook to approve of the applications of St. James (A), St. James (B), Ankeney, Wiesenbaugh and Hayes for the sale of Development Rights Easements, on the basis that all of the properties have received Agriculture Preservation District designation. Motion died for lack of a second. MOTION made by Commissioner Roulette, seconded by Snook to approve of the applica- tions of St. James (A), Ankeney, Wiesenbaugh and Hayes for the sale of Development Rights Easements, and to submit these properties to the State Foundation for con- sideration. Motion carried with Commissioners Roulette, Snook and Bowers voting "AYE", Commissiuner Salvatore voting "NO" and Commissioner Downey "ABSTAINING". ADVANCE TO SANITARY COMMISSION - TV MONITORING AT HIGHFIELD Motion made by Commissioner Snook, seconded by Downey to advance the Washington County Sanitary Commission $4,932 for TV monitoring of the Highfield Water System service area, with this amount to be reimbursed to the County at such time as the financial details of the project have been worked out with Farmers Home Adminis- tration. Unanimously approved. (PROCLAMATION - NATIONAL BUSINESS WOMENS WEEK Motion made by Commissioner Salvatore, seconded by Downey to Proclaim the Week of October 21 - 27, 1984 as National Business Women's Week in Washington County, urging all citizens to join in this notable celebration, Unanimously approved. RECESS The Meeting was recessed at 11:50 a.m. for lunch. (AFTERNOON SESSION The Afternoon Session was convened at 1:30 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. IIAWARD BID - SERVICE VEHICLE Motion made by Commissioner Snook, seconded by Downey to award the bid for a service vehicle for the County Commuter system to Martin Truck Corporation who submitted the low proposal of $31,737.00. Unanimously approved. IH CONVENE IN ExECCr1TTS7_F SF.S.STnN Motion made by Commissioner Salvatore, seconded by Snook to convene in Executive II Session at 2:25 p.m. in regard to personnel, property and potential litigation, (pursuant to the Authority contained in Article 76(A), Section 11(a)(6 & /)of the 'Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Salvatore, seconded by Roulette to reconvene in Regular, Session at 3:30 p.m. Unanimously approved. OVERTIME - SHERIFFS DEPARTMENT ^ftcr - ejecuffelor of f -hp overtime requirements of Sheriff's DeFartment personnel with Sheriff Glenn Bowman and Lieutenant Wayne McAllister, anO :.n consideration of the factors contributing to the excessive amount of overtime during the first quarter of the current fiscal year, the Commissioners agreed that an additional $23,500 would be allowed for over4-rn for the remainder of the fiscal year. The Sheriff stated that he is constantly working on staffing requirements to curtail overtime assignments. SEPTEMBER 25, 1984 MINUTES, CONT'D. RECONVENE IN EXECUTIVE SESSION Motione by Commissioner Roulette, seconded by Downey to reconvene in Executive Session at 4:00 p.m. in regard to personnel, potential litigation and property mat pursuant to the Authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Mot on made by Commissioner Roulette, seconded by Downey to reconvene in Regular Session at 4:25 p.m. Unanimously approved. EMPLOY ROADS DEPARTMENT LABORERS Motion by Commissioner Downey, seconded by Roulette to employ Robert Benner and Robert Hershman in the position of Laborers for the Eastern Section of the Roads Department. Unanimously approved. ADJOURNMENT Motion de by Commissioner Downey, seconded by Snook to adjourn at 4:30 p.m. Unani- mously approved. uny Attbrney / Clerk October 2, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE a Invocation was delivered by Rev. Gregory Martin, Zion Lutheran Church followed by the Pledge of Allegiance to the Flag by the full Assemblage. STATUS REPORT - DATA PROCESSING SYSTEM Jim Young, Director of Finance , along with Benny Tyson, Data Processing Supervisor, appeared before the Commissioners to report that the new Sperry Univac Computer had been installed in July with only 48 hours down -time for conversion. Mr. Tyson said that he was very pleased with the progress so far and felt that Washington County was on-line with or superior to the systems in other counties. He also said that computer/word processing equipment had been installed in the Purchasing and Housing and Community Development Departments and would soon be installed in the Accounting Department. The Commissioners requested cost estimates on placing equipment in the County CommissionersOffice. APPOINTMENT TO SANITARY COMMISSION Motion made by commmissioner Roulette, seconded by Downey to appoint William Ryan to serve as a member of the Washington County Sanitary Commission for a term to expire October 1390. Unar,iaoualy approved. APPOINTMENT TO ECONOMIC DEVELOPMENT COMMISSION II Motion made by Comm ss oner Downey, eeconTed-5-y Roulette to appoint Donald R. Fazio III to serve as a member of the Economic Development Commission for a three-year term in the Retail category. Unanimously approved. MINUTES OF COUNTYCOMMISS.IONERS MEETINGS Motion made by Commissioner Roulette, seconded by Downey to approve of the Minutes of the County Commissioners' Meetings for July 31, August 2, 21 and 28, September 4, 11, 17, and 18, 1984, as submitted. Unanimously approved. IAWARD BID - CLOVF.RTON OVERLAY PROJECT li motion made by (`nmminnions�r Snook, seconded by Roulette to award the contract for the Cloverton Development Overlay Project to Richard F. Kline, Inc., who submitted the low bid of $30.50 per ton in place. Motion carried with Commissioners Snook, Roulette, and Bowers voting "AYE" and Commissioner Downey voting "NO". t Li OCTOBER 2, 1984 MINUTES, CONT'D. 1 ■ U STATUS REPORT - RECREATION COMMISSION Ron Kidd, Director of the Hagerstown/Washington County Recreation Commission, appeared before the Commissioners to present an activities report on the first five months that the Commission has been in existence. The report included the schedules for fall and winter programs for 1984 and plans for 1985. Mr. Kidd stated that cooperation between the City and County and Board of Education was generally good, and cited the need for more softball fields, with the possibility of some of them being lighted. ACCEPT SURETY - LONDONTOWN PHASE II STREETS Motion made by Commissioner Roulette, seconded by Snook to accept the recommendation of the Administrative Engineer and accept a check for $5,000 as surety for the completion of streets to county specifications in Londontown Phase II. Unanimously approved. At this time Commissioner John R. Salvatore arrived at the Meeting. REZONING CASES RZ-289 - RZ-297 After due consideration of all the testimony presented at Public Hearing on Septem- ber 17, 1984, the comments received in writing within the ten (10) day period following said Hearing, and the recommendations of the Planning Commission, the following decisions were rendered regarding Rezoning Cases RZ-289 through RZ-297: RZ-289 and RZ-290 The Commissioners made no decision on these Cases since the Planning Commission proposes to appoint a committee to analyze the appropriate density and other factors for the POD District, prior to making a recommendation on this text and map amendment. RZ-291 Motion made by Commissioner Roulette, seconded by Salvatore to APPROVE of the application of the Planning Commission to establish an "AP" Airport District for the purpose of preventing creation of uses or structures near or adjacent to any commercial airport which would result in a hazard to aircraft operations and to permit land uses which would benefit or have a need to be located in proximity to a source of air transportation or a related business. Unanimously approved RZ-292 Motion made by Commissioner Roulette, seconded by Salvatore to APPROVE of the application of the Planning Commission for the reclassification of land in the vicinity of the Washington County Regional Airport consisting of 783 acres more or less, from the AP and P Districts to the A, AP, HI Districts for the purpose of deleting the Public -owned Lands district from the Zoning Ordinance and establish guidelines for development, and to provide those development guidelines for a section of the Ordinance that governs an increasingly important resource to Wash- ington County. Unanimously approved. RZ-293 Motion made by Commissioner Downey, seconded by Roulette to APPROVE of the appli- cation of Fred Papa for Joanne C. Leazier, Washington County and Nicholas A. Gianraris for the reclassification of land located at the Airport on the west side of U.S. Route 11 across from the Airport Industrial Park, consisting of a total of 4.16 acres, .96 acres and .88 acres from the "IR", Industrial Restricted and "IC", Industrial General Districts to the "BG", Business General District, on the basis of supportive evidence that there was a mistake in the original zoning;and to adopt the findings of fact of the Planning Commission as the findings of fact of this Board. Unanimously approved. RZ-294 Motion made by Commissioner Salvatore, seconded by Snook to TABLE consideration of the application of Emerson S. Barron to the reclassification of land located off U. S. Route 40 west approximately 1200 feet east of the Conococheague Creek Bridge, consisting of approximately 2.2 acres from the "fl" District to the "HG" Business General Classification. Unanimously approved. R7.-295 Case withdrawn prior to Public Hearing. RZ•-297 Motion made by Commissioner i�oua.ecte, aecuuuuI wy , S-ook to % "'DC.'E cf the „p�liC�_ ion of the Planning Commission to amunc'_ Section No. 5.1(k) of the Zoning Ordinance ! to include dairy products storea, grocery stores, produce stands, service stations,'' beauty prrlo.rs and barber shops for the purpose of making essential services available to rural dwellers in the ConservatLon District. Unanimously approved. OCTOBER 2, 1984 MINUTES, CONTD. RZ-296 Motion made by Commissioner Salvatore, seconded by Roulette to DISAPPROVE of the application of Paramount Feed & Suppy, Inc. for the reclassification of land located on both sides of Longmeadow Road, east of the railroad, consisting of 11.34 acres on the south side of Longmeadow Road and 1.50 acres being purchased on the north side of Longmeadow Road, from "RS", Residential Suburban (item #1) and "RR", Residential Rural (item #2) to the "IG", Industrial General Classification on the basis that there has not been a change in the character of the neighborhood nor a mistake in the original zoning, and restrictions on the use of the property cannot be imposed without readvertising this case for conditional zoning. MOTION made by Commissioner Salvatore, seconded by Downey to defer a vote on the aforegoing Motion for one (1) week. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Downey to convene in Executive Session at 10:45 a.m. in regard to personnel, property and potential litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Notion made by Commissioner Salvatore, seconded by Roulette to reconvene in Regular Session at 11:00 a.m. Unanimously approved. PRESENTATION OF PRINT OF BURNSIDE BRIDGE Conway Hardey, C & P Telephone Company official, appeared before the Commissioners to present them with a framed print of the Burnside Bridge picture that is on the cover of the telephone directory currently being distributed through the state. The Commissioners expressed their appreciation on behalf or themselves and the citizens of Washington County. PROMOTION TO ACCOUNT CLERK I Motion made by Commissioner Downey, seconded by Roulette to promote Patricia Harbaugh to the position of Account Clerk I to fill a vacancy in the Accounting Department, and to advertise for applicants to fill the resulting vacancy in the Copy Room. Unanimously approved. EMPLOY MM I - PARKS DEPARTMENT Motion made by Commissioner Downey, seconded by Roulette to employ Frederick Armstron in the position of Maintenance Man 1 in the Parks Department to fill an existing vacancy, in concurrence with the recommendation of the Superintendent of Parks. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Salvatore to convene in Executive Session at 11:10 a.m. in regard to personnel, property and potential litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND ADJOURN Motion made by Commissioner Downey, seconded by Roulette to reconvene in Regular San on and adjourn at 11:50 a.m. Unanimously approved. Clerk October 9, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President. Richard E. Roulette and Commissioners R. Lee Downey John R. Salvatore, and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Reverend Daniel Eshelman, Valley Grace Brethren Church followed by the Pledge of Allegiance to the Flag by t'ie full Assemblage. 911 TASK FORCE Ernie Truax, Chairman of the 911 Task Force, along with Ron Karn, Chief of Fire and Rescue Communications, appeared before the Commissioners to publicly thank all of the Task Force members who worked so diligently to bring to fr.uiti.or, today's start-up of the 911 emergency communications system in Washington County. It was also announced that an euteneive publicity campaiggn war, underway to educate the public to LJ! J., OCTOBER 2, 1984 MINUTES, CONT'D. Li I G 1 Received for Record Nov. 20, 1984 at 3:41 P. M. -• Recorded in Acts Ordinances & Resolution■ for Wash. Co. Md. 993 Office of Clerk of Circuit court for Wa ah. I -o. A 5666N0SL .00 _ 01984 11-20 P3:41 The following changes to the Zoning Ordinance were officially adopted by the County Caenissio,.ers of Washington County, Maryland. 1. Section 11.1(a) amended to include the following: Printing, blue printing, photocx ying, and similar reproduction services. adopted and Effective Date: March 6, 1984 2. Section 11.1(a) amended to read as follows: Printing, blue printing, photocopying, and similar reproductionservices limited to a maxirm n 15,000 square feet of floor space. Adopted and Effective Date: May 8, 1984. 3. Section 6.1(y) added as follows: Firearie repair shop, including retail sales. Section 6.5 amended to include the following - r Lot bbt ' Lot Area Front Yard Side Yard (Width `i'atttt Area Width Per Family (om each side yard) Firearms repair shop, 1 acre 150 40 feet 30 feet 50 including feet feet retail sales Adopted and Effective Date: May 8, 1984. 4. Section 2.i.1(e) added as follows: Single-faanily retiint hares in nursing hare or retirement home , Dlexes may be located on lots ereller than otherwU a required by the applicable section of this Ordinance. The total nunber of lots and dwelling units shall be consistent with the provisions of Section 22.8]. for clustering except that the lots need not be subdivided. Adopted and Effective Date: July 3, 1?84. 5. Section 28.01 sn ated to read as follows: Accessory use or structure: A use or structure on the same premises with, and of a nature custanarily incidental and subordinat.e to, the principal use or structure. Adopted and Effective Date: July 3, 1984. 6. Article 21 amended as follows: ARTICLE 21 "AP" AIRPORT DISTRICT Sec i .o 21.0 Purpose The Airport District is established to prevent creation of uses or structures near or adjacent to any canmercial airport which would result in a hazard to aircra`t o orations. The Airport District is also donignri to pec:mit land uses which would benefit or have a need to be located in proocinity to a source of air transportation or a relnt a' bu: incas. Section 21.1 Airport District Zones The Airport District has two distinct categories: (a) AP/C Airport Clear Zone - An overlay district that does not regulate land uses but places height restrictions on uses permitted by the underlying district. The purpose of the AP/C district is to prevent the creation of obstructions to air traffic. (b) AP - Airport District - A traditional zoning classification which regulates land use. Section 21.2 AP/C Airport Clear Zone (a) The Airport Clear Zone is established to prevent the creation of obstructions or hazards to air navigation at the Washington Co my Regional Airport. (b) The zone is a series of three dimensional imaginary surfaces based on the Established Airport elevation and FAA part 77.25 (Civil Airport Imaginary Surfaces). (c) The limits of the AP/C zone are shown on the official Zoning Maps of Washington County as referenced in Section 3.1 by a combination of lines indicating horizontal limits and elevatio and slope ratios indicating vertical limits. (d) No object, natural or man-made, shall be permitted to encroach upon the Clear Zone as referenced in (c) above. (e) All applications for permits for construction on lands underlying the Clear Zone shall state the finished elevation of the proposed structure based on existing ground elevation above sea level computed fran a source canpatible with the established Airport Elevation. (1) No permit shall be issued for the construction of any new structure within an area 750 feet on either side of the extended centerline of runways for a distance of 3000 feet from the end of the existing runways. (7) Paragraph (1) above shall not apply to the construction or plaantent of storage sheds and other accessory buildings normally associated with single-family dwellings (3) Paragraph (1) above shall not apply to applications for th alteration, modification or expansion of existing structures in accordance with the guidelines of the underlying district. Expansions of existing structures shall be limited to 35 percent of the existing floor area. (4) No sign shall be placed on land underlying the AP/C zc- .Misth .c r .trlr fl,_ehtnn or rntafinn linhhq or lights f. ochanging intensity or color or any other device that could be confused with airport navigational aids. (5) Any existing lot of record which is determined to be unuseabie due to the restrictions of paragraph (1) above shall be permitted one principal structure and accessory buildings in accordance with the rruirements of the underlying zoniiig district. (f) Fran time to times the Imaginary Surfaces referenced above may 1—.. t-, rhnnnr nor exuansion of flight patterns at the Airport. The limits of the Clear Zone nay be changed on the Official Zoning Maps administratively without the need for additional rezoning hearings. 995 Section 21.3 AP - Airport District The Airport District is a traditional land use zoning classification. It will specify permitted as well as prohibited uses and guidelines to be followed in the development of properties in the AP zone. Section 21.31 Principal Permitted Uses (a) Aircraft Manufacturing (b) Uses required for airport operations, support services or uses that depend on proximity to air transportation facilities, including but not limited to: Airports, including but not limited to, runways, taxiways, terminals, storage and repair garages and hangars, tie -downs, fuel storage and fueling facilities, control towers, navigational aids, weather data collection devices, and other uses and structures necessary for the day-to-day operation of a eamercial airport. Establishments providing aircraft related services such as engine repair, bodywork, aircraft design, sales of aircraft, and aircraft related equipment and services. Establishments providing air transportation related services such as travel agencies, auto rentals, and taxi stands. Schools far the training of pilots, navigators, air traffic controllers, flight attendants, travel agents, mechanics, and other air transportation related professions (other non - related school type establishments are specifically prohibited). Air freight handlers, including customer receiving areas, distribution centers, and warehousing. (c) Uses of a light industrial nature including, but not limited to the following: Office Buildings. Manufacture and assembly of electrical appliances, electronics and canminication equipment, professional, scientific and controlling instnments, and photographic and optical products. Manufacturing, compounding, assembly or treatment of articles or merchandise from previously prepared materials such as bone, cloth, fur, cork, fibre, canvas, leather, cellophane, paper, glass, plastics, horn, stone, shells, tobacco, wax, textiles, yarns, wood and metals, including light steel or other light metals, light metal mesh, pipe, rods, shapes, strips, wire or similar cxxT�onent parts. Manufacture of musical instruments, novelties, and molded rubber products, including the manufacture, recapping and Manufacture of pottery or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas. Laboratories, chemical, physical and biological. Clothing and shoe manufacture. 996 Research and development facilities as defined in Section 28.49. Office buildings for services oriented to the needs of other industries located ?n the airport vicinity or for the local a*mnunity, such as offices for doctors, medical clinics or laboratories, engineers, banks, data processing centers, and post offices. Wholesale, warehousing establishments where no retail sales are permitted. Truck or motor freight terminals or warehouses. Heliports, subject to the standards rex m ended by the Federal Aviation Agency. Section 21.32 Special Exceptions (Requiring Board Authorization After Public Hearing) (a) Any other use that the Board finds is functionally similar to any principal permitted use listed in this Article. The Board shall not grant any special exception which is inconsistent with the purpose set forth for this District, nor which will materially or adversely affect the use of any adjacent or neighboring properties. (b) In its consideration of special exception uses in the AP District, the Board shall receive written input from the. Airport Manager, his appointed representative, or other Airport Managing Authority with regard to the appropriateness of locating the requested use adjacent to the airport. (c) Under no circumstances shall the Board grant a variance from the height restrictions of the AP/C Zone described in Section 21.2. Section 21.33 Prohibited Uses The following uses are prohibited in the AP district: (a) Uses first allowed in the IG, Industrial, General Distric except for aircraft manufacturing. (b) Any use which creates dust, smoke, steam, or other airborne fumes or vapors which could present an obstructs to visibility. (c) Any use which presents the possibility of bird strike hazards such as food processing, grain storage, refuse handling, landfilling or other uses handling materials attractive to birds. II (d) Any use which would create atmospheric disturbance of radio camuni.cations between aircraft and control tower. Section 21.34 Accessory Uses Uses and structures customarily accessory and incidental to a principal permitted use or authorized special exception use. Section 21.35 Height Regulations (a) No building in the Airport District may exceed 50 feet in height except as provided for in Section 23.4 of this Crdi,.-ncc nn3 �n new n+...mn.. cny nMr' cturv. ..vncd tY.c .. height limitations Yi_mposed by the AP/C Zone established in Section 21.2 of this Ordinance. 997 Section 21.36 Design Standards Design standards for development in the Airport District shall be the same as those specified for a Planned Industrial District in Section 18.8 of this Ordinance. All airports shall be designed, constructed, maintained, and utilizes so that they shall caply with all federal and state regulations pertaining to such operations; and same shall be utilized in accordance therewith. Section 21.4 Site Plan A site plan is required for any principally permitted use or approved special exception use pursuant to Section 4.11. All site plans shall include the proposed heights of completed structures as specified in Section 21.2(e). Adopted and Effective Date: October 2, 1984 7. Section 5.1(k) added as follows: Dairy products stores, grocery stores, produce stands, service stations, beauty parlors, and barber shops. Section 5.5 Other Uses amended as follows: Lot Lot Front Side Rear Area Width Yard Yard Yard Other Uses 3 acres 300 feet 50 feet 50 feet 50 feet Adopted and Effective Date: October 2, 1984 CYJNTF CU44ISSIONERS OF sn3rcs aXJNT1 BY : is 4d1 A X51 Ronald L. Bowers, President Attest: Short, C rk f • �o I rZ pC G= 41/,U yyy W r m .4p J d ¢ J r OCTOBER 9, 1984 MINUTES, CONT'D. Li I I I I the advantages and importance of the proper use of 911. Among the Task Force members; present were representatives of fire and rescue companies, County, State and City police departments, the Board of Education and Mid -Maryland Emergency Medical Services. Mayor Donald R. Frush and Councilman William King were also in attendance.' RESOLUTION OF APPRECIATION - 911 TASK FORCE Motion made by Commissioner Downey, seconded by Salvatore to adopt a Resolution of Appreciation to the 911 Task Force for promoting the emergency phone system and making Washington County a safer place in which to live. Unanimously approved. Commissioner Bowers read the Resolution and presented a copy to the Chairman of the 911 Task Force. REAPPOINTMENTS TO M.M.E.M.S.A.C. O1EThn made by Commissioner Roulette, seconded by Salvatore to reappoint Gerald Keller, Mario Barnhart and Alfred Poole to serve for three (3) year terms as members of the Mid -Maryland Emergency Medical Services Advisory Committee. Unanimously approved. WAIVE REQUIREMENT FOR UTILITY INSTALLATION PERMIT Motion made by Commissioner Roulette, sec on e y Downey to waive the one-year time requirement for issuance of a utility installation permit to Ella Preagraves, property owner in the Maugansville area. Unanimously approved. REZONING CASE - 294 After te r due consideration of all the matters and facts adduced from the testimony at the Public Hearing held on September 17, 1984, the comments submitted in writing within the 10 day period following said Hearing and the recommendations submitted by the Planning Commission, a MOTION was made by Commissioner Salvatore, seconded by Roulette and unanimously adopted to APPROVE of the application of Emerson S. Barron for the reclassification of land located off U.S. Route 40 west, consisting of approximately 2.2 acres from "A" Agricultural to "BG" Business General on the basis of there having been a mistake in the original zoning and a change in the character of the neighborhood. REZONING CASE - 296 It was noted for the Record that Rezoning Case 296, the Application of Paramount Feed & Supply, had been withdrawn. ANNOUNCEMENT OF MORTGAGE PROGRAM CommissionerBowers publicly announced that Community Development Administration (CDA) will make available $1,311,750 in mortgage money at 10.4% interest for 30 years available through lenders for Washington County starting on October 16, 1984. He said that this will allow the purchase of approximately 30 homes by individuals meeting income criteria and that the County's Office of Housing & Community Development will have information sheets and affidavits needed for making applica- tion starting on October 10, 1984. ADMINISTRATION OF FUNKSTOWN BLOCK GRANT o -t on Ma etJy-Comm ss oner Salvatore, seconded by Snook to agree in principal to the administration of the town of Funkstown's CDA block grant: in the amount of $500,000 for water system improvements, in the same manner as the County's block grants are administered by the Department of Housing and Community Development, subject to the execution of a formal agreement between the town and the adminis- tration. Unanimously approved. APPEAL FEDERAL GRANT DECISION Mn* nn mn P � C` mm a_a7nner fin..r.. r_,.r seconded by cy lva t.^. r.^_ to appoal the dcc sip.. of the Department of Housing and UrbanDevelopment to not assign a rating to the County's application for a $500,000 federal block grant to provide a public sewer system for the Sharpsburg and Keedysville areas. Unanimously approved. MEETING WITH AIRPORT COMMISSION TNe_ members vT the re--- recently established Airport Commission met with the Commissioner to discuss their responsibilities and authority, with the following members present: Kent Mitchell, Carolyn Rider, Frank Park, Rollan Myers and Charles Creager. They were advised that the provisions of the establishing Resolution outlined the Com- mission's charge and that Leigh Sprowls, Airport Manager, and Leroy Burtner, Director of the Ecnnnmic nPvoinnmPnr rnmmiaainn; mrn,t,T hP uprvinu Aa Px—nfficiei members. The Commissioners expressed their gratitude for the willingness of the members to serve and their confidence in their ability to serve effectively. PROCEED TO ACQUIRE. WORD PROCESSTNG COMPUTER EQUIPMENT - COUNTY COMMISSIONERS OFFICE MotTan made by Coat. oner Roulette, seconded by Downey to —proceed to acquire Wor Processing/Computer equipment for the County Commissioners office at a one-time cost of $630 and rental fees of $381 per month. Unanimously approved. OCTOBER 9, 1984 MINUTES, CONT'D. ADDITIONAL COSTS FOR COURT HOUSE ROOF PROJECT Motion made by Commissioner Downey, seconded by Roulette to allocate up to $13,400 for masonry work on the Court House Annex, which was unforseeable but must be com- pleted prior to proceeding with the roof replacement project, with these funds to be appropriated from Capital Contingency. Unanimously approved. ALLOCATE FUNDS FOR CFR EQUIPMENT AT AIRPORT Motion made by Commissioner Downey, seconded by Roulette to allocate $18,000 for supplies and equipment for the Crash/Fire/Rescue unit at the Washington County Regional Airport, with these funds to be appropriated from Revenue Sharing, if eligible, or from Operating Contingency. Unanimously approved. BID OPENING - TOURISM CALENDAR OF EVENTS Bids from the Tourism Calendar of Events were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Tri-State Printing Alternate #1 - $7,360, Alternate #2 - $6,407; Hagerstown Bookbinding and Printing - Alternate #1 - $8,071, Alternate #2 - $6,743; La Costa Agency - Alternate #1 - $7,190, Alternate #2 - $6,463.25; Goodwill Industries - Alternate #1 - $12,250, Alternate #2- $11,750. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - HALFWAY BOULEVARD DRAINAGE IMPROVEMENTS Bids for drainage improvements on Halfway Boulevard were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Powell Construction Company - $69,700, C. William Hetzer - $68,000, Wolfe Brothers Inc. - $67,480. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - RESEALING AND RESTRIPING OF TENNIS COURTS AND RUNNING TRACK Bids for resealing and restriping of tennis courts at South Hagerstown High School, Woodland Way and Clear Spring Parks, and the all-weather running track, high jump pad, triple and long jump runway and pole vault runway at South High, identified as Projects I, II, III and IV, were publicly opened and read aloud. Firms partici- pating in the bidding and their proposals as follows: KWALITY RESURFACING, INC. - Project I - $9,645, Project II - $8,129, Project III - $2,794, Project IV - $9,700, total bid of $30,268. AMERICAN TENNIS COURTS, INC. - Project I - $6,510, Project II - $9,183, Project III - $3,680, Project IV - $15,450, total bid of $33,877. CRAIG BLACKTOP SEALING - Project I - $9,500, Project II - $12,000, Project III - $3,500, Project IV - $8,000, total bid of $29,000. The bids will be reviewed by appropriate officials prior to a decision being rendered. (Decision rendered during Afternoon Session, this date.) SANITARY COMMISSION PROGRESS REPORT Paul Waggoner, Chairman of the Washington County Sanitary Commission, along with Commission and staff members, and Ralph Narquiss, Engineer with Rummel, Klepper & Kahl, consultants, appeared before the Commissioners to report on the investigation of the Halfway Wastewater Treatment Plant maximum capacity potential and to make recommendations for accommodating future growth. Mr. Marquiss stated that the current plant, designed to treat 1.6 million gallons of sewage daily, could reach its capacity as early as 1990, and therefore, planning should be started very soon for expansion of the present facility or construction of a new one. He recommended consideration of building a new plant on the Conococheague Creek near Williamsport, stating that it would afford greater flexibility in the ability to expand and provide gravity service to Subdistrict 5. Mr. Marquiss estimated the cost of the new plant at $6.1 million with an initial capacity of 2.2 million gallons daily. The Commis- _ ar•acre also ,.._„ alinformoA that the State moratorium on new construction in the Half- way area should be lifted by next fall or relaxed to the extend that completion of the sewer plant expansion could run concurrently with completion of the buildings. The CommissiGncra took the inrormation under advisement at this time. At this time Commissioner Snook was excused from the Meeting. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Downey to convene in Executive Session at 12:15 p.m. in regard to personnel, property and potential litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Roulette to reconvene in Regular Session at 12:50 p.m. Unanimously approved. VISIT FROM GOVERNOR UWGHES_ Maryland Governor Harry Hughes, along with Frank DeFrancis, Secretary of the Maryland Department of Economic & Community Development, visited with the Commissioners to discuss matters of mutual interest and to inform them DECD had approved a Maryland industrial Land Act (MILA) loan in the amount of $825,000 to finish the interior of the shell building located in the Washington County Industrial Park for Dutcher• industries, Inc. Mr. Richard Gillis, Dutcher official, expressed his appreciation I I I A I i!! OCTOBER 9, 1984 MINUTES, CONTD. to local and state officials for their interest and assistance with locating the company in Washington County. He explained that Dutcher Industries planned to manufacture vehicles for transporting the handicapped and planned to make 200 vehicles a year at the local plant. If The meeting was recessed briefly at this time for inspection of a prototype vehicle which was parked in front of the Court House. PROCLAMATION - EMPLOY THE HANDICAPPED MONTH Motion made by Commissioner Salvatore, seconded by Downey to Proclaim the month of October 1984 as Employ the Handicapped Month in Washington County urging all citizens to recognize the advantages of hiring handicapped workers. Unanimously approved. CONVENE IN EXECUTIVE SESSION Mot on made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 2:15 p.m. in regard to personnel, property and potential litigation, pursuant to the Authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Downey to reconvene in Regular Session at 2:45 p.m. Unanimously approved. APPOINTMENT TO ELECTRICAL BOARD Mo.. on made by Commissioner Downey, seconded by Roulette to appoint Richard Kline, Chief of the Smithsburg Volunteer Fire Company, to serve as a member of the Wash- i ington County Board of Electrical Examiners and Supervisors for a two (2) year term to expire October 1986. Unanimously approved. REORGANIZATION OF HOUSING OFFICE Motion made by Commissioner Downey, seconded by Roulette to accept the recommen- dation of the Director of Housing & Community Development for reorganization of 11f the Department within the present budgetary limits. Unanimously approved. AWARD BIDS - TENNIS COURTS AND RUNNING TRACK PROJECTS Motion made by Commissioner Roulette, secone y Salvatore to award the contracts for resealing and restriping of tennis courts and running track to the following low bidders: Project I - American Tennis Courts, Inc., $6,510; Projects II and III - Kwality Surfacing, Inc., $8,129 and $2,794 respectively; Project IV - Roy Craig Blacktop Resealing - $8,000. Unanimously approved. TRANSFER HEALTH DEPARTMENT FUNDS FOR SALARY SUPPLEMENT Motion made by Commissioner Roulette, aecoi�by Downey to transfer $4,000 from the Health Department Budget to the County General Fund to provide for a salary supplement to Dr. James O. Bond, Director of Health Services. Unanimously approved.'. MEETING WITH BOARD OF EDUCATION The Meeting was convened at 3:30 p.m. at the Board of Education Administration I Building with President Bowers, Vice President Roulette and Commissioners Downey and Salvatore, School Board President Marie Byers, Vice President Linda Irvin and IBoard Members Doug Bachte.l..l, Robert Barnhart and Clifford Metger. I TOURISM FILM koberL O`CoAUOr, County Tourism Director, pregented a ten-minute tape of the County's tourist attractions which will be shown at the I-70 Tourist Information Center and commended the Board of Education's ITV Division for producing the tape. UPDATE ON EMERGENCY MANAGEMENT PROGRAM Ralph Giffin, Maintenance Engineer, reported on the Board's energy management i1 program. He said that 36 of the 43 schools are now on the computer and that they are into phase II of the program. He stated that, although the first year's savings were under estimate, the five-year savings was still projected at $2.5 li million and at the end of that period, the Board would own the equipment. I.A.C. PROJECTS - FV 10@7 Ed Kercheval, Assistant to the Superintendent of Schools, listed the following school facility projects that will be submitted to the State Inter Agency Commiaaion� for approval for FY 1987, with local funds required for A. a E. services in July 1985 and construction in July 1986: Beater Elementary addition, Clear Spring High School addition and North and South High School renovations. He submitted for the Commissioners' consideration, a Resolution acknowledging the fact that, in addition to the requested State funding, County funds may be required to fund the school facilities projects contained in the Capital Improvements Program request, and declaring their intent to provide such funds and services as are necessary. MOTION made by Commissioner Roulette, seconded by Snlvat:orc to adopt said Resolu- tion. Unanimously approved. OCTOBER 9, 1984 MINUTES, CONT'D. BOND REVENUE PROJECTS There was a general discussion of projects proposed by the Board of Education for funding from the forthcoming bond issue. It was decided that the County would check its authority to establish a building commission to administer the bond funds. USE OF DEPUTIES FOR SCHOOL FUNCTIONS After a discussion of the matter, it was decided that Dr. Kitchens and the County Administration would proposed a method for funding overtime for deputies assigned to school functions. USE OF SCHOOLS AFTER HOURS Board of Education officials said they had nc anticipation of the volume of requests that would be received from the Recreation Commission for the use of school facilitie after school hours, but felt the matter was now being worked out amicably. ADJOURNMENT Motion made by Commissioner Salvatore, seconded by Downey to adjourn at 5:45 p.m. Unanimously approved. oun At rney J≤f4I )t�Lt , Clerk October 9, 1984 PUBLIC HEARING - JUNKYARD ORDINANCE A Public Hearing was convened at 7:00 p.m. in Court Room Al to permit any resident of Washington County to appear and present testimony concerning the proposed Ordinance to Provide for the Regulation of Junkyards, with President Ronald L. Bowers presiding and Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook present. After hearing all testimony, it was announced that the Record would be kept open for ten (10) days for additional comments to be submitted in writing and the Hearing was closed at 7:40 p.m. uhty tt rn October 16, 1984 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9;00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Do...ney. John P - CA1 krAtnrP And Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE 'Fide Tnvocat on was delivered by Reverend Charles B. Weber, Grace United Methodist Church followed by the Pledge of Allegiance to the Flag by the full Assemblage. PRESENTATION OF WILSON BRIDGE PHOTO Leonard Mafett appeared before the Commissioners to present them with a framed photograph of the restored Wilson Bridge, which was gratefully accepted and hung in the Meeting Room. RF./APPOINTMENTS '1'0 ALCOHOLISM & DRUG ABUSE ADVISORY COUNCIL Motion made by Commissioner Snook, seconded by Salvatore to reappoint Michael. Boyd, Richard Douglas, Michael Sweeney, and Dr. Marie Nowakowski, and appoint Karin Warner, Anna Ruth and Rev. Donald Evason to serve for three (3) year terms of the Washington County Alcoholism & Drug Abuse Advisory Committee. Unanimously approved. r.i LI 1 li OCTOBER 16, 1984 MINUTES, CONT'D. NEGOTIATE FORTHCOMING BOND ISSUE Motion lj made by Commissioner Downey, seconded by Snook to proceed with negotiating the forthcoming Board of Education/Capital Improvements Bond Issue in the amount of $4.1 million, in concurrence with the recommendation of the Director of Finance, and based upon the opinion of the County Attorney that the County has the authority to negotiate an issue. Unanimously approved. II STREET LIGHTING - GOVERNOR LANE BOULEVARD Motion made by Commissioner Downey, seconded by Roulette to negotiate a 10 -year contract with the Potomac Edison Company for a street light on Governor Lane ® I Boulevard at the Route 11 intersection, with the County paying the energy costs of $15.80 per month. Unanimously approved. CAPITAL PROJECTS •- COMPANY 28 HEADQUARTERS Motion made by Commissioner Salvatore, seconded by Roulette to concur with the recommendations submitted this date by Civil Defense Director, to use funds budgeted in the current C.I.P. budget, for repairs and renovations of the Company 28 facilities, in an estimated amount of $18,500. Unanimously approved. FUNDING FOR HALFWAY TREATMENT PLANT STUDY Motion made by Commissioner Salvatore, seconded by Roulette to reimburse the Sanitary Commission $12,926 for the study conducted by Rummel, Klepper and Kahl on the Halfway Sewer Treatment Plant. Unanimously approved. REJECT BIDS FOR HALFWAY BOULEVARD IMPROVEMENTS Motion made by Commissioner Salvatore, seconded by Downey to reject all bids received and opened on October 9, 1984 for Halfway Boulevard improvements and jl to rebid the project next year. Unanimously approved. DESIGNATE OFFICIAL COUNTY TREE II Motion made by Commissioner Snook, seconded by Roulette to accept the nomination of the Washington County Forestry Board and designate the black walnut as the ( official County tree. Unanimously approved. MINUTES OF MEETING OF OCTOBER 2, 1984 Motion made by Commissioner Snook, seconded by Downey to approve of the Minutes of the County Commissioners Meeting on October 2, 1984, as amended. Unanimously approved. TAX CREDITS FOR CIVIC ASSOCIATIONS Motion made by Commissioner Snook, seconded by Roulette to grant property tax credits to the following civic and ruritan clubs, in accordance with the authority contained in Article 81, Section 9C of the Annotated Code of Maryland: jI DISTRICT RURITAN CLUB & CIVIC ASSOCIATION AMOUNT I( 08 Ruritan Club Inc. Pleasant Valley $ 46.33 08 Rohrersville Ruritan Club, Inc. 1602.90 08 Ruritan Club Rohrersville, Inc. 604.34 09 Leitersburg Ruritan Club, Inc. 306.07 12 Dist No 12 Ruritan Club 131.00 12 Ruritan Club Inc. Dist 12 361.83 13 Ruritan Club Maugansville 5.33 13 Ruritan Club Maugansville 1294.99 Ij 14 Ruritan Club Inc Ringgold 448.75 15 Civic Organization Dist 15 Inc. 639.19 18 Hamburg Donald E Et At Trs 1461.24 20 Ruritan Club Inc. Downsville 119.71 20 Ruritan Club Inc. Downsville 804.22 20 Ruritan Club Inc. Downsville 13.33 23 Ruritan Club Inc. Pinesburg 292.33 H 23 Wilson Foundation, Inc. 740.87 26 Tammany Manox Civic Assoc. 17.63 26 Tammany Van Lear Civic Assoc. 53.92 Total $ .SR Unanimously approved. AMENDMENT'TU 1'RUUMA VYr.N SPAT E Motion made by Commissioner Salvatore, seconded by Roulette to approve of an i! amendment to FY 1984/85 Program Open Space to include thn acquisition of three (3) 1, acres of land on Florida Avenue by the City of Hagerstown at en estimated cost j; of $60,000 to be used primarily for the construction of a swimming pool. Unani- mously approved. FUgNACE REPLACEMENT - ROADS DEPARTMENT Motion made by Commissioner Salvatore, seconded by Roulette to approve of the ].ow quotation of Beaver Mechanical, Inc. in the amount of $8,469 for replacement of the furnace at the Roads Department on Northern Avenue, with this amonnt to be appropriated from funds within the Roads Department budget. Unanimously approved. OCTOBER 16, 1984 MINUTES, CONT'D. AWARD BID - TOURISM CALENDAR OF EVENTS Motion made by commissioner Salvatore, seconded by Snook to award the bid for printing, 25,000 copies of the 1985 Tourism Calendar of Events to La Costa Agency who submitted the low proposal of $7,190. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Roulette to convene in Executive Session at 10:40 a.m. in regard to personnel matters, pursuant to the authority con- tained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION I�I Motion made by Commissioner Roulette, seconded by Snook to reconvene in Regular Session at 11:00 a.m. Unanimously approved. BID OPENING - WEATHER TREATMENT MEASURES AT MEMORIAL REC. One bid was received and publicly opened and read aloud for Weather Treatment Measures at Memorial Recreation Center. Powell Construction Company submitted a bid of $16,000. The bid will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - SNOW REMOVAL AT HOUSING PROJECTS One bid was received and publicly opened and read aloud for snow removal services at Blue Mountain Estates in Smithsburg and Parkview Knoll in Williamsport. Barron's Snow Removal and Lawn Service proposed fees of between $95.00 and $190.00 per occurrence depending upon the depth of snowfall and the location. The bid will be reviewed by appropriate officials prior to a decision being rendered. CONVENE IN EXECUTIVE SESSION Mot on ma a by Commiss oner Snook, seconded by Salvatore to convene in Executive Session at 11:10 a.m. in regard to personnel matters, pursuant to the authority con - tamed in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND RECESS Motion by Commissioner Roulette, seconded by Snook to reconvene in Regular Session at 12:20 p.m. and recess until 7:00 p.m. Unanimously approved. EVENING SESSION - SHARPSBURG TOWN HALL T e Evening Session was caT1ed to order at 7:00 p.m. at the Sharpsburg Town Hall with President Bowers presiding and Vice President Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook present. Also present were Sharpsburg Mayor Jerry Quinn, Keedysville Mayor Ralph Taylor and Boonsboro Mayor John Herr, along with members of the town councils. The meeting was held for the purpose of discussing tax differential and any other matters the towns wished to bring to the Commissioners' attention. Barry Teach, County Administrator, stated that the County's position was that it cooperated with the towns by providing services which the towns could not otherwise provide, supplying and printing tax bills, offering cooperative purchasing and engineering services, advancing funds for sewer feasibilit studies and assistance with acquisition and development of parka. The Mayors of both Sharpaburg and Keedysville stated that the residents are getting too little police protection from the Sheriff's Department for the taxes they pay. Mayor Herr stated that Boonsboro had hired its own resident trooper and all of the mayors II advocated this form of protection for the small towns. The Commissioners agreed to give the mai.L thr conaideymot•^ion. In thcr =ttcr^ the Commissioners a reed ¢n try to find fill dirt for a the Sharpsburg Little League Park, to make spot improve- ments and clean up the roadside vegetation on Chestnut Grove Road and to include any of the towns that so desired in the legislation requiring payment of taxes before permits/licenses are issued by the Clerk of Court. _ f ADJOURNMENT Motion made by Commissioner Downey, seconded by Salvatore to adjourn at 8:20 p.m. Unanimously approved. G //'I/..H C ty ttor Clerk j 1 October 23, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. I I I INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was dilivered by Ed Harriman, member of the Halfway Lions Club, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROPOSED HALFWAY PARK SWIMMING POOL Motion made by Commissioner Downey, seconded by Snook to concur with the recom- mendation of the Park Board and instruct the Planning Department to develop budgetary figures for the construction of a swimming pool at Halfway Park for the Commissioners' consideration in the FY 1986 Capital Improvements Budget, including the $40,000 currently budgeted for engineering services. Unanimously approved. PRESENTATION OF CHECK TOWARDS HALFWAY PARK POOL On behalf of the Halfway Lions Club, Robert Griffith, President, presented a check in the amount of $12,500 to the Commissioners towards the Halfway Park swimming pool project. Mr. Griffith said that the money was the club's proceeds from the annual Halfway Park Days and raised the total contribution to almost $70,000. Roger Snyder, Chairman of the pool committee, said that the club is hoping its donations will total $100,000 by 1986. The Commissioners gratefully accepted the check. REVIEW PROPOSED JUNKYARD ORDINANCE The Commissioners reviewed the proposed Junkyard Ordinance that was considered at Public Hearing on October 9, 1984. After informally agreeing to include scrap processors in the ordinance but to delete the provision that applied to the height of junk piles, and to make certain other changes relating to administrative pro- cedures, it was decided that the ordinance, as amended this date, would be formally considered at next week's meeting. FUNDING FOR DEPUTIES AT SCHOOL FUNCTIONS Motion made by Commissioner Downey, seconded by Roulette to authorize the Board of Education to allocate up to $6500 from its current budget to pay for the services of the first deputy assigned to school functions, since the Sheriff's Department will no longer provide this service on a gratis basis. Unanimously approved. HOLIDAY WORK SCHEDULE Motion made by Commissioner Salvatore, seconded by Snook to grant County employees a full day holiday on Monday, December 24, 1984, in lieu of two (2) half -day holidays on Christmas and New Year's Eve, and to extend this privilege to employees of the Roads Department. Unanimously approved. AWARD CONTRACTS - MEMORIAL RECREATION CENTER IMPROVEMENTS Motion made by Commissioner Snook, seconded by Downey to award the contract for weatherization measures at Memorial Recreation Center to Powell Construction Com- pany who submitted the only bid of $16,000 and for painting to G. M. Gehr & Son who submitted the low proposal of $1,620. Unanimously approved. AWARD CONTRACT - BARN ROOF AT DITTO FARMS Motion made by Commissioner Downey, seconded by Roulette to award the contract for repairs/painting the barn roof at Ditto Farms to Kline Associated Roofing who submitted the only proposal of $7,200, with tunds tor this project to be appropri- ated front Capital Contingency. Unanimously approved. AWARD CONTRACT -- SNOW REMOVAL AT HOUSING PROJECTS Motion made by Commissioner Downey, seconded by Roulette to award the contract for snow removal services at Blue Mountain Estates and Park View Knoll to Barron's Snow Removal & Lawn Service who submitted the only bid of $95.00 - $190.00 per occurrence, depending upon location and depth of snow. Unanimously approved. ADVERTISE FOR SALE OFSURPLUS _COUNTY _ PROPERTY_ Motion made by Commissioner Downey, seconded by Salvatore to advertise for sale through scaled bidding, surplus county properry located on Fourti SLLeeL, a,it Englewood Road. Unanimously approved. OCTOBER 23, 1984` MINUTES, CONT'D. ACCEPT STREETS INTO COUNTY SYSTEM - POTOMAC MANOR SECTION D Motion ma e y Commissioner Sa vaI foie Tseconded B�u1�tte to accept East bl%gnolia Avenue, Heklymead Terrace, and Chartridge Drive in Potomac Manor Section D subdivision, into the County Roads System, and to require a $5,000 maintenance bond to cover the possible need of reseeding slopes, swales and other disturbed areas. Unanimously approved. BID OPENING - TOURISM KIOSKS Bids for four kiosks for the Tourism Department were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Stuart Designs, Inc. - $8,224, Graphic Solutions - $4,500. The bids will be reviewed by appropriate officials prior to a decision being rendered. 51O OPENING AND AWARD - FLEET VEHICLES One bid was received, publicly opened and read aloud for two (2) patrol cars and four (4) sub -compact vehicles. Hoffman Chevrolet submitted the following proposals: Patrol care - $11,394 aer unit; sub -compacts - $5,994 per unit. MOTION made by Commissioner Salvatore, seconded by Roulette to award the contract for two (2) 1985 Patrol cars and three (3) sub -compact vehicles to Hoffman Chevrolet who submitted the above bids. Unanimously approved. (Award of bid for one (1) sub -compact vehicle for the Transportation Commission subject to prior approval by MDT and UMPTA.) RESCIND MOTION TO NEGOTIATE BOND ISSUE of on ma e by Commissioner Downey, seconded by Salvatore to rescind the MOTION of October 16, 1984, re negotiating the forthcoming Board of Education/Capital Projects bond issue, and to proceed with the issue in accordance with state law. Unanimously approved. CONVENE IN PUBLIC HEARING - HUB LABELS BOND ISSUE The President convened the Meeting in Public Hearing at 11:15 a.m. to permit any resident of Washington County to testify concerning the proposed issuance of Economic Development Revenue Bonds in a maximum amount of $800,000 for the benefit of Hub Labels. Leroy Burtner, Director of Economic Development, introduced Abbud and Mary Dabbura, "Borrower", who explained that the proceeds of the bond issue would be used for relocation and expansion of Hub Labels. Timmie Ruppersberger, bond counsel, explained the legal aspects of the bond issue, and introduced the authorizing Reso- lution for the Commissioners' consideration. There being no one else present to speak for nor against the matter, the President closed the Public Hearing at 11:35 a.m. and reconvened the Meeting in Regular Session. ADOPT RESOLUTION - HUB LABELS INDUSTRIAL REVENUE BONDS Motion made by Comm sa oner Rou ette, seconded y Salvatore and unanimously approved to adopt a Resolution authorizing and empowering the County Commissioners of Wash- ington County to issue, sell and deliver, at any one time or from time to time, its revenue bends in a principal amount not to exceed $800,000 in order to loan the process thereof to Abbud and Mary Dahbura, for the purposes described in the Resolu- tion; authorizing the President of the Board of County Commissioners to accept, on behalf of the Board, the Letter of Intent from Abbud and Mary Dahbura, and approving the issuance of the bonds requested. (Copy of Resolution and Letter of Intent attached.) MARTINS CROSSROADS/CEARFCSS WATER PROJECT W3ngton County Sanitary Commission Officials, along with representatives from the local and state health departments, the City of Hagerstown and the consulting firm of Fcl1cv4 Reed 6 ARQn iAtna; met with the Commissioners to discuss alternate proposals for providing public water service to the Martins Crossroads/Cearfoss areas. The Commission recommended that the County agree to expand the system it was ordered to build by the State to include about three times as many people. They said that this would make the system more economical with annual user fees ranging from $300 to $400. The Commissioners took the matter under .advisement until next week when a tentative service area will be selected to propose at public hearing. CONVENE IN EXECUTIVE SESSION —notion macTe Commissioner Downey, seconded by Roulette to convene in Executive Session at 12:10 p.m. in regard to personnel and property matters, pursuant to the authority rn -Aine[l in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code !jl of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND RECESS Ffotfon m-&Te ay Co a ioner Roulette, seconded by Snook to reconvene in Regular Session at 12:35 p.m. and recess until 7:00 p.m. at the Funkatown Town Hall. Unanimously approved. OCTOBER 23, 1984 UIUTES, CONT'D. n 1 it I EXHIBIT A LETTER OF INTENT October 23, 1984 County Commissioners of Washington County c/o Leroy R. Burtner, Director Washington County Economic Development Commission Court House Annex Hagerstown, Maryland 21740 Re: $800,000 Washington County, Maryland, Economic Development Revenue Bonds (Hub Labels, Inc. Project) Ladies and Gentlemen: Abbud Dahbura and Mary Dahbura (the "Borrower"), request that County Commissioners of Washington County (the "County" )partici- pate in the financing of the acquisition and construction of new facilities hereinafter described (the "Facility") to be located in Washington County, Maryland, by authorizing, issuing and sellirg its economic development revenue bonds in a principal amount not to exceed $800,000 (the "Bonds"), pursuant to Sections 266A through 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume) as amended (the "Act"). It is intended that this letter, if accepted by the County, shall constitute a "letter of intent" as contemplated by Section 266A(h) of the Act. It is proposed that the County loan the proceeds of the Bonds (the "Loan") to the Borrower pursuant to the terms and provisions of a loan or similar agreement to be entered into by the County and the Borrower (the "Loan Agreement"). The Loan Agreement will require the Borrower to use the proceeds of the County Commissioners of Washington County Page 2 October 23, 1984 Loan for the sole and exclusive purpose of financing the acquisi- tion and construction of the Facility by the Borrower as generally described herein and the payment of the costs of preparing and selling the Bonds and other costs as permitted by the Act. The Facility will be leased by the Borrower to Hub Labels, Inc., a Maryland corporation (the "Tenant") for use as office. manufac- turing and warehouse space in its business of designing and manufacturing custom printed pressure sensitive labels. Bonds shall be repayable by the County solely from the revenue derived from loan repayments (both principal and interest) made to the County by the Borrower pursuant to the terms and provisions of the Loan Agreement and from any other monies made available to the County for such purpose. The Borrower is a "facility applicant" and "facility iii user" and the Tenant is a "facility user" (as mentioned in Section 266A(h) and (i) of the Act). The Loan Agreement will require the Borrower to make Loan payments (both principal and interest) sufficient to pay (a) the principal of, and interest and redemption premium, if any, on, the Bonds, and (b) all expenses incurred by the County in connec- tion with the issuance and sale of the Bonds and the making and administration of the Loan, as the same become due and payable. The Borrower agrees that all costs of acquiring and constructing the Facility in excess of the proceeds of the Loan will be paid by the Borrower. The Loan Agreement will contain such other pro- visions as may be required by law and as may be agreed to by the Borrower, the County, and the purchaser(s) of the Bonds, as permitted by law. The Facility, which is a "facility" as defined in the Act, will consist generally of (i) approximately 4.00 acres of land located on the south side of Martin Road across Martin Road from the former "Roper" warehouse building, Maugansville, Washing- ton County, Maryland (the "Land"); (ii) one or more buildings of approximately 20,000 square feet of space (the "Buildings"); (iii) equipment for the Buildings (the "Equipment"); and (iv) any other improvements or interests in land necessary or desirable for operation of the Buildings, together with roads or other rights of — access, utilities, and other facilities necessary to the acquisi- tion, construction and operation of Li,e Facility. It is expected that within the first five years of operation the Facility will provide employment for approximately County Commissioners of Washington County Page 3 October 23, 1984 15 more people than are employed by the Borrower at its present location. The acquisition of the Facility will promote the de- clared legislative purposes of the Act by (a) creating jobs and thus relieving conditions of unemployment in the State of Maryland (the "State") and in Washington County, (b) encouraging the in- crease of industry and commerce and the creation of a balanced economy in the State and in Washington County, (c) assisting in the retention of existing industry and commerce and in the attrac- tion of new industry and commerce in the State and in Washington County, (d) promoting economic development, and (e) generally promoting the health, welfare and safety of the residents of the State and Washington County. Financial considerations have been a factor leading to the Borrower's decision to acquire the Facility and its decision has been influenced materially by the availability of economic development revenue bond financing. it is expressly understood and agreed that ;a) the County will not incur any liability, direct or indirect, or any cost, direct or indirect, in connection with the issuance and sale of the Bonds, the making of the Loan or the rehabilitation, modernization and construction of the Facility, and (b) the Facility will be acquired so as to conform to the requirements of the Borrower. Accordingly, the Borrower will (a) select, super- vise and work with the suppliers and contractors and will provide, construct, and equip the Facility, and negotiate and approve all contracts, construction plans, drawings, specifications, and all financing arrangements in connection with the acquisition and construction of the Facility, and (b) pay all costs incurred by, or on behalf of, the County in connection with the issuance, sale, delivery and administration of the Bonds, the making of the Loan, including the adiminstration thereof, and in connection with the ..cquisition and construction of the Facility, including (without limitation) all costs incurred in connection with the development of the appropriate legal documents necessary to effectuate the proposed financing and acquisition, including (without limitation) the fees of bond counsel to the County and compensation to any other person (other than full time employees of the County) nerforminv services by or on behalf of the County in connection with the transactions contemplated by this letter of intent whether or not the proposed financing and acquisition are consum- mated. u1, County Commissioners of Washington County Page 4 October 23, 1984 It is further understood and agreed to by the Borrower that the proposal contained herein is subject to (a) a public hearing to be held by the County pursuant to at least fourteen (14) days notice in a newspaper of general circulation in Washing- ton County, (b) the approval of, and appropriate action by, the Board of County Commissioners of Washington County which action includes, but is not limited to, passage by the County of a reso- lution implementing the financing of the project described herein and approving the Bonds (the "Resolution"), and either the passage of a final administrative resolution or the execution of a Written Order as will be provided for in the Resolution, and (c) the approval of detailed provisions of all documents pertaining to the financing as yet to be developed. The acceptance of this letter by the County shall constitute evidence of the present intent of the County to auth- orize the issuance, sale and delivery of the Bonds and to author- ize the Loan for the purposes described herein subject to the con- ditions described herein; provided, however, that the Borrower recognizes that: 1. The County cannot make any guaranty, promise or assurance that the terms and conditions (including, but not limited to, the principal amount of the Bonds to be issued, the rate or rates of interest the Bonds are to bear, the times that the interest on the Bonds is to be paid, the redemption provisions for the Bonds, the time the Bonds are to be executed, issued and delivered and their form, tenor and denomination) of the Bonds as actually authorized to be issued, will be acceptable to the Bor- rower; 2. The County can give no guaranty, promise or assur- ance as to the availability of ready, willing and able purchasers of the Bonds; and 3. The County reserves the right to refrain from issuing the Bonds hereby authorized or to postpone such issuance for such time or times as it may determine if it, in its sole discretion, determines (i) that the interest on such Bonds will or may not be exempt from federal income taxation, or (ii) that the issuance of such Bonds might prevent it from issuing its bonds, the interest on which will be from federal income taxation; ..a e � .....,.pt .. to finance one or more other facilities at such time or times as it desires to issue such bonds for other facilities. County Commissioners of Washington County Page 5 October 23, 1984 The County's adoption of the Resolution and its accept- ance of this letter of intent are intended solely to implement the financing of the project described herein by enabling the issuance and sale by the County of the Bonds. Neither the acceptance of this letter of intent nor the adoption of the Resolution will constitute any assurance by the County to any prospective pur- chasers of the Bonds that (i) the Borrower will have the ability to repay the Loan, (ii) the Facility will be feasible economically or otherwise, (iii) the Facility will be completed, or (iv) the Facility will be in compliance with applicable County, State or Federal laws. The Borrower agrees to use its best efforts to complete the financing contemplated hereunder and to acquire and construct the Facility. It is also understood and agreed that the County re- serves the right to withdraw the authorization set forth in the Resolution and this letter of intent should either the Facility or such authorization prove to be in violation of the County, State or Federal laws applicable to the Facility or such authorization unless appropriate steps are taken by the Borrower to alter the Facility or otherwise, to bring the proposed Facility or financing into compliance with such laws. The Borrower intends that the interest payable on the Bonds shall be exempt from federal income taxation pursuant to Section 103(b) of the Internal Revenue Code of 1954, as amended. The Borrower acknowledges that certain legislation has been adopted which, among other things, may adversely affect the exemption from federal income taxation with respect to the inter- est payable on the Bonds, limit the use which may be made of the proceeds of the Bonds, or limit by a volume cap the ability of the County to issue bonds or other obligations, the interest payable on which is to be exempt from federal income taxation. The Borrower agrees that it will provide all certifica- tions (including opinions of its counsel) required by bond counsel to the County in order to establish that interest on the Bonds will be exempt from Federal income taxation (including certi- ficatinns enabling the County to certify that the Bonds are not .. arbitrage bonds). The Borrower also agrees that an .a♦t,.event that. it determines that a portion of the Land to be acquired out of the proceeds of the Bonds is not required for operations of the Borrower, any proceeds from the sale of the Land shall be applied County Commissioners of Washington County Page 6 October 23, 1984 to a reduction of principal on the Bonds. Neither the Bonds, nor any interest thereon, shall ever constitute an indebtedness or a charge against the general credit or taxing powers of the County, within the meaning of any consti- tutional or charter provisions or statutory limitation, and neither shall ever constitute or give rise to any pecuniary liability of the County. In the event that the financing transactions contem- plated by this letter of intent shall not have occurred by December 15, 1984 (or such shorter period if required by applicable law), the County's authorization under this letter of intent shall terminate. Very truly yours, Accepted this 4'�leday of October, 1984, pursuant to a Resolution passed by the County Commissioners of Washington County on October 1984, by the President of the Board of County Commissioner of Washington County. ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: Rona L. Bo a e, rest eat DUCiu of CountyCommi nsioners of Washington County RESOLUTION A RESOLUTION AUTHORIZING AND EMPOWERING COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ISSUE, SELL AND DELIVER, AT ANY ONE TIME OR FROM TIME TO TIME, ITS REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $800,000, PURSUANT TO THE PROVISIONS OF SECTIONS 266A THROUGH 266-I OF ARTICLE 41 OF THE ANNOTATED CODE OF MARYLAND (1982 REPLACEMENT VOLUME) AS AMENDED, IN ORDER TO LOAN THE PROCEEDS THEREOF TO ABBUD DAHBURA AND MARY DAHBURA, FOR THE SOLE AND EXCLUSIVE PURPOSES DESCRIBED IN THIS RESOLUTION; AUTHORIZING THE PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ACCEPT, ON BEHALF OF COUNTY COMMIS- SIONERS OF WASHINGTON COUNTY, THE LETTER OF INTENT FROM ABBUD DAH1°URA AND MARY DAHBURA TC COUNTY COMMISSIONERS OF WASHINGTON COUNTY DATED OCTOBER 23, 1984 AND APPROVING, PURSUANT TO NOTICE AND FOLLOWING A PUBLIC HEARING, THE ISSUANCE OF THE BONDS REQUESTED THEREIN; MAKING CERTAIN LEGISLATIVE FINDINGS, AMONG OTHERS, CONCERNING THE PUBLIC BENEFIT AND PURPOSE OF SUCH REVENUE BONDS; PROVIDING P ERS OF OF ?9Y EVER BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, PRIOR TO THE ISSUANCE, SALE AND DELIV- ERY OF SUCH REVENUE BONDS, TO PRESCRIBE THE RATE OR. RATES OF INTEREST SUCH REVENUE BONDS ARE TO BEAR, THE FORM, TENOR, TERMS AND CONDI- TIONS OF AND SECURITY FOR SUCH REVENUE BONDS, AND TO PRESCRIBE, DETERMINE, PROVIDE FOR AND t VARICtS O=R MATTERS, DETAILS. DOCU- MENTSj%4 vv., MENTS AND PROCEDURES IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT FOR SUCH REVENUE BONDS; AND GENERALLY PROVIDING FOR AND DETERMINING VARIOUS MATTERS AND DETAILS IN CONNECTION WITH THE AUTHORIZA- TION, ISSUANCE, SECURITY, SALE AND PAYMENT OF SUCH REVENUE BONDS. RECITALS Sections 266A to 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume) as amended (the "Act") empower all the counties and municipalities of the State of Maryland to issue revenue bonds and to loan the proceeds of the sale of such revenue bonds to a "facility user" to finance the acquisition (as defined in the Act) by such "facility user" of any facility (as defined in the Act). As defined in the Act, a "facility user" includes any individual, public or private corpor- ation, partnership, association, firm, or other entity whether or not created for the purpose of making a profit, which owns, leases, or uses all or any part of a facility. The Act declares it to be the legislative purpose to relieve conditions of unemployment in the State of Maryland, to encourage the increase of industry and a balanced economy in the State of Maryland, to assist in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland through among other things, port development and the control, reduction or abatement of pollution of the environment and the utilization and disposal of wastes (where proceeds of the bonds are used for that purpose), to promote economic development, to protect natural resources and encourage resource recovery and to generally promote the health, welfare and safety of the residents of each of the counties and municipalities of the State of Maryland. County Commissioners of Washington County, a body politic and corporate and a political subdivision of the State of Maryland (the "County"), has received a letter of intent dated October 23, 1984 (the "Letter of Intent"), from Abbud Dahbura and Mary Dahbura (the "Borrower") (in form attached hereto as Exhibit A), a "facility applicant" as defined in the Act, in which it is requested that the County participate in the financing of a certain facility as defined herein, by the issuance of certain bonds described therein and by loaning the proceeds thereof to the Borrower for the purpose of acquiring and owning the facility defined herein upon the terms and conditions of a loan or similar agreement to be entered into between the County and the Borrower (the "Loan Agreement"), as permitted by the Act (such loan being herein referred to as the "Loan"). The facility will be leased by the Borrower to Hub Labels, Inc., a Maryland corporation (the "Tenant") as office, manufacturing and warehouse space in its business of designing and maziufactua in, c.. ton printed pressfor, sensitive labels. The facility to be acquired will consist generally of (a) approximately 4 acres of land located on the south side of -2- Martin Road across Martin Road from the former "Roper" warehouse — building, Maugansville, Washington County, Maryland (the "Land"), (b) one or more buildings to be located on the Land containing approximately 20,000 square feet of office, manufacturing and warehouse space (the "Buildings"), (c) equipment for the Buildings (the "Equipment"), and (d) any other improvements or interests in --- land necessary or desirable for operation of the Buildings, together with roads and other rights of access, utilities, and other facilities necessary to the acquisition, construction and operation of the facility (the "Other Interests") (the Land, the Buildings, the Equipment and the Other Interests collectively, the "Facility"). —` The County, in compliance with the Tax Equity and Fiscal Responsibility Act of 1982 (the "Federal Act") held a public hearing on October 23, 1984, pursuant to notice (in form attached hereto as Exhibit B) published in a newspaper of general circula- tion in Washington County on October , 1984 for the purpose of apprising affected residents of washingfon County, Maryland of the proposed issuance of the Bonds and allowing such residents to appear and be heard concerning the issuance of the Bonds and the location and nature of the Facility. The County has determined - following such public hearing, that there will be a substantial public benefit from the issuance of the Bonds, that the issuance of the Bonds to finance the Facility is in the public interest and for a public purpose and by this Resolution has given its approval thereto. The County based upon the findings and determinations set forth below, has determined to participate in the financing of the Facility by (a) issuing, selling and delivering its revenue bonds in an aggregate principal amount not to exceed $800,000 (the "Bonds"), and (b) loaning the proceeds of the Bonds to the Bor- - rower upon the terms and conditions of a loan agreement (the "Loan Agreement"), as permitted by the Act. The Loan Agreement will require the Borrower (a) to use the proceeds of the Bonds solely to finance the acquisition of the Facility (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement), and (b) to make Loan payments which will be sufficient to enable the County to pay the principal of and interest and premium, if any, on the Bonds when and as the same shall become due and payable. — As security for the Bonds, the County may enter into a trust agreement with one or more corporate trustees or a purchase or assignment agreement with the purchaser of the Bonds pursuant to which the County will assign to such trustee or purchaser, among other things, and excepting the right of the County to i jjdaiiiiti.L`catiOr aiad to pa jmc ntn of the County for ArnenseS. all of the County's right, title and interest inland to, and remedies with respect to the Loan Agreement and any other document or instrument relating to the Loan, and any and all other property of every description and nature from time to time by delivery or by -3- writing of any kind conveyed, pledged, assigned or transferred, as and for additional security for the Bonds. SECTION 1. BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF WASHINGTON COUNTY, That, acting pursuant to the Act, it is hereby found and determined as follows: (1) The issuance and sale of the Bonds by the County pursuant to the Act in order to lend the proceeds thereof to the Borrower for the sole and exclusive purpose (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement) of financing the acquisition (within the meaning of the Act) by the Borrower of the Facility will facilitate and expedite the acquisition of the Facility by the Borrower. (2) The acquisition of the Facility by the Borrower and the financing and refinancing thereof as provided in this Resolu- tion will promote the declared legislative purposes of the Act by (a) creating jobs and employment, thus relieving conditions of unemployment in the State of Maryland and in Washington County; (b) encouraging the increase of industry and commerce and the creation of a balanced economy in the State of Maryland and in Washington County; (c) assisting in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland and in Washington County; (d) promoting economic development; and (e) promoting the health, welfare and safety of the residents of the State of Maryland and Washington County. (3) In addition to authorizing the County itself to acquire the Facility and either to lease or to sell the same to the Borrower, the Act authorizes facility financing to be accom- plished in the form of a loan by the County to the Borrower. The loan form of transaction avoids indirect costs and burdens on the County by eliminating any direct involvement by the County in the acquisition, ownership or administration of the Facility while permitting the imposition of ample controls on the use of the pro- ceeds of the Bonds, thus insuring that the public purposes of the Act and the bond transactions are fully accomplished. Because it is in the best interests of the citizens of Washington County to finance the acquisition of the Facility by a loan to the Borrower, this Resolution contemplates and authorizes a transaction in the — form of a loan of the proceeds of the Bonds by the County to the Borrower. Accordingly, this Resolution, together with the written order to be executed by the President of the Board of County Commissioners of Washington County (the "Board") prior to the issuance, sale and delivery of the Bonds (the "Written Order"). the Loan Agreement and any other instrument pertaining to the issuance, sale or delivery of the BOI,db iln:llidisig th3s in tr u- ments approved by the Written Order (such other instruments, together with the Loan Agreement, collectively, the "Bond Docu- ments"), contains, or shall contain, such provisions as the County deems appropriate to effect the financing of the acquisition by -4- the Borrower of the Facility by the loan form of (4) NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR GENERAL OBLIGATION OF THE COUNTY OR A CHARGE AGAINST, OR PLEDGE OF THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY, WITHIN THE MEANING OF ANY CONSTITU- TIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION, AND NEITHER SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF THE COUNTY. THE BONDS AND THE INTEREST THEREON SHALL BE LIMITED OBLIGATIONS OF THE COUNTY, REPAYABLE BY THE COUNTY SOLELY FROM THE REVENUES DERIVED FROM LOAN REPAYMENTS (BOTH PRINCIPAL AND INTER- EST) MADE TO THE COUNTY BY THE BORROWER ON ACCOUNT OF THE LOAN AND FROM ANY OTHER MONIES MADE AVAILABLE TO THE COUNTY FOR SUCH PURPOSE. The proceeds of the Bonds, and the payments to be made by the Borrower pursuant to the Loan Agreement, will be paid directly to a trustee or the holders of the Bonds in the event a trustee is not appointed for such purpose to be held and disbursed as shall be approved by the President of the Board in the Written Order. No such monies will be commingled with the County's funds but will be subject only to such limited supervision and checks as are deemed necessary or desirable by the County to insure that the proceeds of the Bonds are used to accomplish the public purposes of the Act and this Resolution. The transactions authorized hereby do not constitute any physical public betterment or im- provement or the acquisition of property for public use or the purchase of equipment for public use. The public purposes expres- sed in the Act are to be achieved by facilitating the acquisition of the Facility by the Borrower. (5) The Borrower is or and a "facility user" as defined acquired by the Borrower will he Tenant for office, manufacturing purposes permitted by the Act. will be a "facility applicant" in the Act; the Facility to be leased by the Borrower to the and warehouse uses within the (6) The public purposes intended to be achieved by the County through the issuance of the Bonds will be achieved upon completion of the construction and acquisition of the Facility resulting in the location of new office, manufacturing and ware- house facilities in Washington County, Maryland. SECTION 2. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the County hereby approves and is authorized and empowered to issue, sell and deliver, at any time or from time to time, the following series of Bonds to be known as its "Washington County, Maryland, Economic Development Revenue Bond(s) (Hub Labels, Inc. Project)" (provided that such designation may be changed or may contain such other descriptive information as the President of the Board may pre- scribe in the Written order) in a principal amount nOt to ecccd $800,000 subject to the provisions of this Resolution. The proceeds of the Bonds will be loaned to the Borrower pursuant to the terms and provisions of the Loan Agreement, to be expended by the Borrower for the sole and exclusive purpose of financing and -5- refinancing the acquisition of a Facility as specified in the Act (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement). The security and sources of payment for the Bonds shall be solely and exclusively as provided in Section 1 of this Resolution. The authority to issue the Bonds is intended to and shall include the authority to issue revenue refunding bonds. Reference herein to the "Bonds" shall include revenue refunding bonds where appropriate. In the event that any refunding bonds are issued pursuant to this Resolution, the outstanding principal amount of any "refunded bonds" (as hereinafter defined) shall not be taken into account in determining the aggregate principal amount of the Bonds issued, sold and delivered hereunder. The term "refunded bonds" means any Bonds (i) for the payment of which (both principal and interest) provision has been made from the proceeds (including any earnings on the investment thereof) of Bonds issued pursuant to this Resolution, or (ii) which have been paid from such proceeds, whether such provisions for payment, or such payment is made at or prior to the maturity of such Bonds. SECTION 3. AND BE IT FURTHER RESOLVED BY COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the President of the Boar is ere y authorized, empowered, and directed to accept the Letter of Intent on behalf of the County in order to evidence the intent of the county to issue, sell and deliver the Bonds in accordance with the terms and provisions of this Resolution. This Resolution is intended to be, and shall constitute, evidence of the County's intent to issue and deliver the Bonds authorized hereby in accordance with the terms hereof when the Bonds are sold, provided that the County shall have no duty to obtain a purchaser or purchasers therefor and shall incur no pecuniary liability in the event the Bonds are not sold. The County' and the Borrower contemplate that the Borrower may proceed with the acquisition of the Facility prior to the issuance, sale and deliv- ery of the Bonds authorized hereby. SECTION 4. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bonds shafl be executed in the name of e County and on its behalf by the President or Vice President of the Board, by his or her manual or facsimile signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other author- ized officer) by his or her manual or facsimile signature. The Bond Documents shall be executed in the name of the County and on its behalf by the President or Vice President of the Board by his or her manual signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the clerk to the Beard (o outer aua., or- ized officer) by his or her manual signature. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds or any of the aforesaid documents shall cease to be such officer before the delivery of the Bonds or any of the other -6- aforesaid documents, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The President of the Board, the Clerk to the Board and other officials of the County are hereby authorized and empowered to do all such acts and things and execute such other documents and certificates as the Board may determine in the Administrative Resolution to be necessary to carry out and comply with the provisions hereof. SECTION 5. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That prior to the issuance, sale and a ivery of e Bonds, the President of the Board shall execute the Written Order, pursuant to which the President of the Board may (without limitation) specify, pre- scribe, determine, provide for or approve, all within the limita- tions of this Resolution and the Act, all matters, details, forms, documents and procedures pertaining to the sale, security, issu- ance, delivery and payment of or for the Bonds, including (without limitation): (a) the principal amount of the Bonds to be issued at any one time and from time to time, the rate or rates of interest thereon, the date or dates of maturity thereof, provisions for the payment thereof, prepayment, sinking fund and redemption provi- sions (if any) thereof, the designation or designationa of the Bonds and of any series, and the date or dates of issuance there- of; (b) the form, tenor, terms and conditions of the Bonds, and provisions for the registration and transfer of the Bonds (if any); (c) the form and contents of, and provisions •for the execution and delivery of, such financing documents as the Presi- dent of the Board shall deem necessary or desirable to evidence, secure or effectuate the Loan and the issuance, sale and delivery of the Bonds, including (without limitation) any loan agreements, notes, mortgages, security agreements, assignments, guarantees, financing agreements or escrow agreements; (d) provision for the payment directly by the Borrower of all expenses of preparing, printing and selling the Bonds, including (without limitation) any and all costs, fees and ex- penses, incurred by or on behalf of the County in connection with the authorization, issuance, sale and delivery of the Bonds, and all costs incurred in connection with the development of the appropriate legal documents, including fees of counsel to the County, and compensation to any persons (other than full-time employees of the County) or entities performing services for or on behalf of the County in connection therewith and in connection with all other transactions contemplated by this Resolution, whether or not the proposed financing is consummated; -- (e) the creation of security for the Bonds and provi- sion for the administration of the Bonds, including (without -7- limitation) the appointment of such trustees, escrow agents, payment agents, registrars or other agents as the President of the Board shall deem necessary or desirable to effectuate the transactions authorized hereby; (f) the preparation and distribution, in conjunction with representatives of the Borrower and the prospective pur- chasers of or underwriters for the Bonds of any series, both a preliminary and a final official statement, placement memoranda or offering circular in connection with the sale of the Bonds of any series, if such preliminary official statement and final official statement, placement memoranda or offering circular are determined to be necessary or desirable for the sale of the Bonds of such series; (g) the form and contents of, and provisions for the execution and delivery of, a contract UL i:VJ1Ltot.,ii+ iv thA- iaU chase and sale of the Bonds of any series (or any portion there- of); and (h) such other matters in connection with the authori- zation, issuance, execution, sale, delivery and payment of the Bonds, the security for the Bonds and the Loan, and the consum- mation of the transactions contemplated by this Resolution as may be deemed appropriate and approved by the President of the Board including (without limitation) establishing procedures for the execution, acknowledgement, sealing and delivery of such other and further agreements, documents, and instruments, and the authoriza- tion of the officials of the County to take any and all actions, as are or may he necessary or appropriate to consummate the transactions contemplated by this Resolution in accordance with the Act and this Resolution. SECTION 6. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That (a) THE ACT PRO- VIDES NTTHER THE BONDS NOR 1rEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY WITHIN THE MEANING OF ANY CONSTI- TUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND SHALL NEVER CONSTITUTE OR GIVE RISE TO PECUNIARY LIABILITY OF THE COUNTY. In order to implement Section 266F(e) of the Act stating that the Bonds shall never constitute or give rise to pecuniary = _ liability of the County, the Written Order, the Loan Agreement, the Bonds and the Bond Documents may provide that no bondholder shall look to the County for damages suffered by such bondholder as a result of the failure of the County to perform any covenant, undertaking or obligation under the Bond Documents, nor as a result of the incorrectness of any representation made by the County in the Bond Documents. Although this Resolution recognizes that 'the Bond Documents shall not give rise to pecuniary liability of the County, nothing contained in this Resolution or in the Bond Documents shall be construed to preclude in any way any action or proceedings (other than that element in any action or proceeding — involving a claim for monetary damages against the County) in any court or before any governmental body, agency or instrumentality, or otherwise against the County or any of its officers or employ- ees to enforce the provisions of any of the Bond Documents. (b) Although the Bond Documents shall provide that the County shall have the right to seek remedies in the event of a default by the Borrower, it is contemplated that the County will assign the performance of obligations to take action to the trustee for the holder(s) of the Bonds or the purchaser or holder of the Bonds, in order to implement the purposes and intent of the Act, namely to facilitate the acquisition of the Facility by the Borrower without incurring any pecuniary obligation or liability of the County. Accordingly, if a trustee is appointed for such purpose, the trustee shall have the duty to act, whether or not at the direction of bondholders, in all instances in which the trustee for such Bonds may act and determines that action is appropriate. In any case where action by the trustee for the Bonds or the purchaser or holder of the Bonds requires simultane- ous or subsequent action by the County, the County will cooperate with such trustee or the purchaser or holder of the Bonds and take any and all action necessary to effectuate the purposes and intent of the Resolution and the Bond Documents. The performance by the trustee for the Bonds or the purchaser or holder of the Bonds of obligations under any of the Bond Documents permits the identifi- cation of all costs arising from the exercise of such obligations. The Bond Documents shall provide that the Borrower shall pay those costs in order to avoid any direct or indirect pecuniary burden on the County. — SECTION 7. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That, as permitted y the Act, the on s of each series shall —be sold at private (nego- tiated) sale and at par, unless the President of the Board deems it to be in the best interests of the County to sell the Bonds of any series at public sale or by retail sale or above or below par, in which event the Bonds of such series shall be sold in such manner, at such price or prices and upon such terms as shall be determined in the Written Order to be in the best interests of the County. The Bonds of each series shall be sold at such times, on such dates and to such persons, firms or ccrporations (including, — without limitation, banks or other financial institutions) as shall be determined by the President of the Board (as the case may be), with the consent of the Borrower. SECTION 8. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the provision— s off` this Resolution are severable, an3iTany provision, sentence, clause, section or part hereof is held illegal, invalid or uncon- stitutional or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality, or inepplicabiiity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Resolution or their application to ot}er persons or circumstances and the remaining provisions shall be construed so as to give practical realization -9- to the public purposes intended to be achieved hereunder and the protection against pecuniary liability to be afforded to the County. It is hereby declared to be the legislative intent that this Resolution would have been passed if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included herein, and if the person or circumstances to which this Resolution or any part hereof are inapplicable had been specifically exempted herefrom. SECTION 9. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the County re- serves the right to refrain from issuing the Bonds hereby author- ized or to postpone such issuance for such time or times as it may determine if it, in its sole discretion, determines (i) that the interest on the Bonds will or may not be exempt from federal income taxation, or (ii) that the issuance of the Bonds might prevent it from issuing its bonds the interest on which will be exempt from federal income taxation, to finance one or more other facilities at such time or times as it desires to issue such bonds for other. facilities. SECTION 10. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That unless such time period shall e limited by other applicable law, in the event that the financing transactions contemplated by this Resolution shall not have occurred by December 15, 1984, the County's authorization under this Resolution shall terminate unless otherwise extended by Resolution of the Board. SECTION 11. AND BE IT FURTHER RESOLVED BY THE BOARD OF COMMISSIONERS OF WASHINGTON COUNTY, That this Resolution a e effect rom the ditef its adoption. PASSED AND ADOPTED this day of October, 1984. ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY BYQfl42 at ryn . S ort Rona L. Bo , Presi ent Clerk Board of County Commissioners of Washington County [SEAL] -10- OCTOBER 23, 1984 MINUTES, CONT'D. I I I EVENING SESSION The Nee n�T g was convened at 7:00 p.m. at the Funkstown Town Hall with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. Also present were Funkstown Mayor Robert Kline, Smithsburg Mayor Paul Boswell, Williamsport Mayor Jack French and members of the town councils.; Barry Teach, County Administrator, explained that the meeting was being held for the purpose of discussing tax differential and any other matters of general concern. He said, that in addition to the services that all residents of Washington: County receive, the County has assisted the small towns by providing police services,, ice -control salt, tax bills, engineering services, assistance with ballfields, grants and interest free loans for capital projects, staff assistance for various projects, street overlay and radio maintenance, and that this type of assistance should be considered in lieu of a tax differential. Mayor Boswell and Mayor Kline indicated their agreement with the Commissioners' position, stating that the services they received would exceed any monetary benefits from a tax differential. Mayor French stated that he was well pleased with the deputy the county is providing; to the town of Williamsport. Lee Draper, Williamsport Town Administrator, said that tax differential is a problem and should be addressed, because the municipal tax payers are paying for services that do not benefit them. The Commissioners pointed out that these services are available to the towns if they choose to take advantage of them. Williamsport Council Members Joe Widmyer and Doug Gigeous expressed their appreciation for the services and cooperation the county had pro- vided in the past, but agreed that the matter of tax differential should be resolved; one way or another. In other matters, the Mayor of Funkstown requested more police patrol on the back streets of the town and Harold Boyer, Smithsburg resident, asked that consideration be given to providing a heavy container or shredder to handle brush and heavy debris. The Commissioners agreed to look into these problems. They also said that a report would soon be forthcoming from the Public Service Commission; auditors on the water rates charged by the City of Hagerstown to county residents. 11 ADJOURNMENT Motion made by Commissioner Snook, Unanimously approved. my t orn seconded by Salvatore to adjourn at 9:00 p.m. October 30, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The nvocat%n was diivered by Rev. Richard Gross, Virginia Avenue Baptist Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION - NATIONAL HOSPICE MONTH by _nmm_va_nnpr inn-- Pi ttp- aPnnnded by Snnnk to Pronlaim the Mn-.h of Novem�er 1984 as National Hospice Month in Washington County and to encourage county -wide recognition of and support for hospice care and our local hospice program as a humane response to the needs of the terminally ill and as a viable component of the health delivery system in this county. Unanimously approved. Commissioner Roulette read the Proclamation and presented a copy to local Hospice officials. jlTOURISM UPDATE O nnr,Iouriam Director, appeared before the Commissioners to inform them that the new Tourism Poster/Brochure had been published and is being distributed. He also presented the Commissioners with an award of appreciation from the state Tourism Office for the county's assistance and leadership in the opening and operation of the I-70 Tourism Information Center. Mr. O'Connor informed them of an award his office had received at the recent Governor's Conference on Tourism, in honor of the use by a non-profit organization of the state slogan, "Capture a Maryland Memory". The Commissioners commended Mr. O'Connor for his successful efforts. OCTOBER 30, 1984 MINUTES, CONT'D. FUNDING FOR NEW 1-81 TOURIST INFORMATION CENTER The Tourism Director submitted a first year s Tudget for equipment and operation of the new I-81 Tourism Information Center which will soon be constructed by the private sector tourism organization. He said the total budget for December 15, 1984 - June 30, 1985 was estimated at $21,830 with local funds. MOTION made by Commissioner Roulette, seconded by Snook to appropriate up to $11,830 from Operating Contingency to fund the local share of the new I-81 Tourism Information Center budget through June 30, 1985. Unanimously approved. RESOLUTION TO ADOPT AIRPORT ENTERPRISE ZONE STANDARDS AND INCENTIVES Moi%n ma e by Commissioner Roulette, seconded by Snook to pass a Resolution adopting local standards and incentives concerning the Washington County Regional Airport Enterprise Zone. Unanimously approved. (Copy of Resolution attached.) RESOLUTION TO GRANT TAX CREDITS WITHIN AIRPORT ENTERPRISE ZONE M�ion made by Comwissioneru1ette, seconded by Snook to adopt a Resolution to grant tax credits against local property taxes for improvements to existing property or for new construction within the geographical confines of the Washington County Regional Airport Enterprise Zone. Unanimously approved. (Copy of Resolution attached.) APPOINTMENT TO IREA AGENCY ON AGING ADVISORY COUNCIL on ma e by Commisiliiier Snook , seconded by Roulette to appoint Wanda J. Allenback to serve as a member of the Area Agency on Aging Advisory Council to fill the unex- pired term of Lucy Neili to September 1986. Unanimously approved. APPOINTMENT TO FIRE & RESCUE ADVISORY BOARD Motion made by Commiisioner Snook, seconded by Roulette to appoint Mary Kalin to serve as a member of the Fire & Rescue Advisory Board as a public -at -large represen- tative. Unanimously approved. ADVANCE FUNDS TO SANITARY COMMISSION FOR HIGHFIELD WATER SYSTEM Motion made y Commissioner Downey, seconded by Snook to a vance the Washington County Sanitary Commission $13,500 for acquisition of easements and an additional $850.00 for a railway pipeline crossing in connection with the Highfield Water System project, with these funds to be repaid from project grants. Unanimously approved. ACCIDENT INCIDENT REVIEW PROCEDURES (fo on made by sssioner. Downey, seconded by Roulette to approve of the Accident/ Incident Review Procedures for the County Commuter System as endorsed by the Washing- ton County Transportation Commission. Unanimously approved. At this time Commissioner John R. Salvatore arrived at the Meeting. LONDONTOWNE PHASE III Daniel Sheedy, loca developer, appeared before the Commissioners to inform them that he wished to proceed with the development of Londontowne phase III using Industrial Revenue Bond financing, and to inquire if they felt the project worthy of holding a public hearing prior to consideration of an inducement resolution. He explained that the project would consist: of rental units with a second entrance road to service the area. Annette vanHilst, Director of Housing and Community Development, expressed some concerns about the project, primarily that only two -bedroom units were being planned, to which Mr. Sheedy responded that he was willing to consider a one, two, and three -bedroom mix. The Commissioners agreed to the above mentioned public hear- ing process. REVIEW OF PROPOSED JUNKYARD ORDINANCE Amer rev ew1_ng— t� propose unkyard ordinance, and in consideration of the request of Maryland Metals officials that scrap processors be addressed separately from junkyards in the ordinance, the Commissioners decided to amend the regulations and reconsider the matter at their next meeting. MARTINS CROSSROADS CEARFOSS WATER SERVICE II o . on ma e y omm es o�nook, aecoiuTed by Roulette to instruct the Sanitary U Commission to proceed with scheduling a Public Hearing on Alternative III for pro- viding public water service to the martins C,vaa,oadd/Cearfooa :rcc, whichincludes all extended service areas, i.e., Pine Crest/Rosh Road, Mount Tabor Loop, Broadfordin Road west, Broadfording Church Road & Fairview Road, Conoeocheague area along U. S. Route 40 and Point Salem Road and vicinity. Unanimously approved. I 1 I J 1 OCTOBER 30, 1984 lfIfUT CONT' D . ,Received for Record: November 21, 1984 at 3:OO p.m. IlActs, Ordinances, and Resolutions for Washington Co. Liber 4 Office of the Clerk of the Circuit Court for Washington County 1 RESOLUTION ADOPTING PROPERTY TAX CREDITS PURSUANT TO ARTICLE 81 ENTITLED REVENUE AND TAXES, OF THE ANNOTATED CODE OF THE PUBLIC GENERAL LAWS OF MARYLAND WHEREAS, Article 81 Revenue and Taxes, Section 12O-11, Property Tax Credits, authorizes and empowers the governing body of certain municipali- ties and counties located in the State of Maryland, and in particular in Washington County, Maryland, to provide, by Ordinance or Resolution, for tax credits against local property taxes for improvements to existing property or for new construction; and WHEREAS, The applicable provisions of Article 81 referred to herein are incorporated and made a part hereof by reference; WHEREAS, The Board of County Commissioners of Washington County, !Sryland, is a body politic and corporate of the State of Maryland existing under and by virtue of the Laws of the State of Maryland, and said County is located geographically within the State of Maryland; and by virtue thereof, aashington Courty falls within the purview of Article 81 of the Annotated code of Maryland; WHEREAS, The Board of County Commissioners of Washington County, Maryland is the duly constituted legislative and governing body of Washington :ounty, Maryland, by virtue of the provisions of the Code of Public Local Laws of Washington County, Maryland, and the General Laws of the State of Maryland; WHEREAS, The said Board of County Commissioners of Washington ,ounty, Maryland, as the said duly constituted legislative and governing body 3f Washington County, Maryland, has determined that it is for the best interest 3f the County and citizenry in general to provide for certain tax credits in accordance with Artic'.e 81, in order to stimulate local development and growth with emphasis on reinvestment by providing certain local tr: incentive credits i to those persona, firma, and corporations involved in renovation of existing p wNea avu co..a,r, c._. , I I 2 NOW, THEREFORE, Pursuant to the provisions contained in the i I�aforementioned Article 81 and the General Powers of the Board of County Commissioners of Washington County, Maryland, it is hereby RESOLVED by the Board of County Commissioners of Washington County, Maryland, that certain tax �credits against County property taxes for improvements to existing property or new construction shall be granted under the following terms, provisions and conditions: I. ESTABLISHMENT OF TAX CREDITS II The Board of County Commissioners of Washington County, Maryland, does hereby declare that certain tax credits against local property taxes for improvements to existing property or for new construction shall be granted to ,certain persons, firms and/or corporations that may qualify under the provisions hereof. The local governing body, to -wit, the Board of County Commissioners, of Washington County, Maryland, shall be responsible for administering this program. The tax credits referred to herein are applicable, and are to be based upon a percentage of the cost of any improvements to existing property or of any now construction and not upon the increase in assessed valuation. II. CONDITIONS FOR QUALIFYING FOR THE CREDIT A. General Conditions All persona, firms, corporations, or legal entities of whatsoever nature or kind who own commercial or industrial property within the geographical confines of the Washington County Regional Airport Enterprise Zone in Washington County, Maryland, shall be considered eligible for the tax credits provided for herein in accordance with the provisions set forth. In order to qualify for such tax credits, said persons, firms, corporations, or legal entities must engage in renovating and making improvements to existing property owned by them or engage in new construction of property owned by them. The improvements or new construction must be for the use and benefit of the applicant property owner (a) in order to qualify for such tar. credits. In order to qualify for the tax credits referred to herein, any project involving improvements must exceed Five Thousand ($5,000.00) Dollars in costs in order to be eligible. it -2- 3 In order for new construction to be eligible for the tax credits referred to herein, the improvements shall be in excess of Five Thousand ($5,000.00) Dollars of the cost. Improvements to existing property or any new construction for which building permits were issued prior to June 15, 1984, shall not be eligible. B. Application Procedures 1. Filing. Applications shall be made by the owner (a) of property with the Board of County Commissioners of Washington County, Maryland, after the completion of the construction of the improvements to the property in question or upon completion of the new construction in question. For the purposes of this section, completion date of the improvement or on new construction shall be determined as of the date that a Use and Occupancy Permit is issued, if applicable. In instances where Use and Occupancy Permits are not issued or required, the construction for completion date, of either improvements or new construction, shall be the data of the final inspection and approval by the Building Inspector. 2. Time for Filing. All applications for tax (credits allowable under this Resolution shall be filed with the County I (Administrator by May 1 of any calendar year for which this Resolution is effective in order to acquire eligibility on behalf of the applicant for a tax credit for the ensuing tax year which will commence on July 1 of the same calendar year. 3. Form of Application. The form of application shall contain the names of the actual owner (a) of the properties in question; sand where applicable, the parties in interest and any other basic information that may be determined or required as necessary for the permit in accordance that .bc ng ed from rim_ rn rimr_ with numiuieiid - NIGLa.'.:r2B ..•..: a'-) .. "n ' r Verification rofT the Vcost ofanyimprovements or new construction must be furnished by the applicant at the time of application. 4 III. AMOUNT OF THE CREDIT The following schedule for tax credits shall be utilized and followed by the Tax Collector upon determination of eligibility therefor: A. provements to Existing Property The credit shall be One Hundred (100%) Percent lof the tax that would be applicable based on the cost of construction for the period hereinafter set forth. B. New Construction The credit shall be Fifty (50%) Percent of the tax that would be applicable based on the coat of construction for the period hereinafter set forth. IV. DURATION OF CREDIT A. Improvements to Existing Property A qualified applicant shall receive the tax credits referred to herein for a period of three (3) taxable years. For purposes of this credit, taxable years shall be defined by the State of Maryland and the Board of County Commissioners of Washington County, Maryland. B. New Construction A qualified applicant shall receive the tax credits referred to herein for a period of five (5) taxable years. For purposes of this credit, taxable years shall be defined as the tax year as defined by the State of Maryland and the Board of County Commissioners of (Washington County, Maryland, V. APPLICABILITY OF TAX CREDIT RESOLUTION ` This Resolution shall be effective from the date of its passage iup to and including the 14th day of June, 198.9. Applications for eligibility Il under this Resolution must be filed prior to that date. VI. PROCEDURES FOR APPEAL I I In the event that any applicant is rejected by the County ii Administrator and determined to be ineligible for the tax credit provided for in this Resolution, said applicant may appeal the decision as follows: -4- S A. A notice in writing must be filed with the I County Administrator within ten (10) days from the receipt of the rejection of the application or order of disqualification. Thereafter, a review conference will be held by the County Administrator and one (1) other person designated by the Board of County Commissioners of Washington County, Maryland. In the event that the application is again rejected, then the applicant may take an appeal to the Board of County Commissioners of Washington County, Maryland therefrom. Notice of said appeal must be given to the County Administrator and a copy filed with the County Clerk within five (5) days of the receipt of the notice of the rejection or disqualification. Thereafter, the Board of County Commissioners of Washington County, Maryland shall review the application at a public hearing no later than thirty (30) days after receipt of the filing of the notice. In the event that an applicant is dissatisfied with the decision of The Board of County Commissioners of Washington County, Maryland, said applicant may take an appeal in accordance with the applicable provisions of the annotated code of Maryland and the Maryland Rules of Practice and Procedure. VII. SEVERABILITY If any Section, Sub -Section, sentence, clause, phrase or portion of this Resolution be for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed to be severable and shall not affect the validity of the remaining portion of this Resolution. VIII. MISCELLANEOUS The tax credits provided for herein shall be considered in addition to and not in derogation of or in lieu of any other tax credits or 1enefita that the applicant may be entitled to from anv other taxing authority )r authority with the power to assess, including but not limited to the United itates. the State of Maryland, the County of Washington, and the City of iageratown. -5- s Adopted this yWa, day of , 1984. AT2 6M'.; ., t5IpNATURE ANQ CORPogATE AAi4 F. ost, Clerk APPROVED AS TO FORM: County Attorne BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND BY:\'Yor+c-,roV�i 1 X11 f Ronald L. Bowef4 President Richard E. Roulette, Vice -President R. Le Downey J R. Salt' ore rt n L. Snoo I Approved this _� day of 1984. -6- 0 e r'^ a 1- y " m x �°c IF !I I i I OCTOBER 30, 1984 MIKnTES, CONT'D. !Received for Record: November 21, 1984 at 3:O0 p.m. IlActs, Ordinances, and R2gsolutions for Washington County Liber 3 Office of the Clerk of the Circuit Court for Washington County RESOLUTION FOR WASHINGTON COUNTY REGIONAL AIRPORT ENTERPRISE ZONE WHEREAS, the State of Maryland has passed legislation providing for the designation of Enterprise Zones in the political subdivisions of the State; and WHEREAS, the purpose of such Zones is to focus local and state resources on the encouragement of economic growth in economically distressed areas of the State; and WHEREAS, Local standards and/or incentives contained in the (Application submitted by Washington County were approved by the State to become effective June 15, 1984; and WHEREAS, the Secretary of the Maryland Department of Economic and Community Development has decreed that an Enterprise Zone does exist which lencompasses the Airport and other surrounding properties in Washington County; (and WHEREAS, the Secretary has further decreed that in order for this Zone to become operational, it is necessary for Washington County to adopt local standards and incentives concerning the Zone; NOW, THEREFORE. BE IT RESOLVED, that. the Board of County Commissioners of Washington County adopt the following local standards with regard to the aforementioned Enterprise Zone; All business entities wishing to receive benefits of the Enterprise (Zone must: 1. Meet all requirements of the County government including planning, zoning, and code compliance as applicable. 2. Ee r Ffi_.7 .. _liF ���� 0.. the Enra+-,!•iu_ ;7n..e A.imin etr:t"T ;and meet the full-time employment or capital investment criteria. 1 3. Make a capital investment of at least $5,000 after June 15, 1984 in ordcor to qualify for either the State or County property tax credit iIplans. i 4. Create at least one new job after the designation date of I I ,tune 35, 1984 in order to qualify for State income tax credits. 999 5. Have been located within the Enterprise Zone boundaries on the date of designation (June 15, 1984) and meet the employment or capital invest- ment criteria in 3 or 4 above or relocated to the Zone alter June 15, 1984 and meet the employment or capital investment criteria. NOTE: A business entity relocating or moving into the Enterprise !Zone may not gain the incentives of the Zone, if in the opinion of the Adminis- I itrator of the Zone, the business would result in a significant negative impact on similar business entities located elsewhere within Washington County. BE IT FURTHER RESOLVED, that the Board of County Commissioners of Washington County adopt the following local incentives which will be available to qualifiers in the Enterprise Zone and which are in addition to and supportive' of those offered by the State of Maryland. 1. Assistance will be offered in securing: A. Tax-exempt financing via use of Maryland Industrial Financing Authority or Industrial Revenue Bonds. B. Financing for public roadways, water, and sewer services. C. Loans from the Maryland Industrial and Commercial Redevelopment Fund, the Small Business Administration 503 Program, the Maryland Industrial Land Act, the Development Credit Corporation of Maryland, and the Maryland Small Business Development Financing Authority. 2. Implementation of a "Deferral Plan" for benefit charges for sewer services whereby in those cases in which the fee exceeds $10,000, the following non -interest bearing payments are required: $10,000 due on date of connection with balance due in minimum annual installments of $10,000, due on the anniversary date of connection. 3. Provide management assistance, where possible, in feasibility studies, development packaging and promotion, and in technical areas. 4. Application of a local property tax credit plan which would jepply to a minimum capital investment of $5,000 and result in a 1002 credit Ifor three (3) years for rehabilitation projects, and a 502 credit for five (5) Ilyeara fer new construction it If ss The aggregate credit from this plan and from the -2- APPROVED AS TO FORM: 1000 11 Enterprise Zone property tax incentive credit cannot exceed 100% of the lincreased property taxes resulting from increased assessments. There will be no property taxes of any kind refunded and all credits must be absorbed in the year in which credit is applied. 5. Coordination with local educational bodies and state training lagencies to make available, on a priority basis where possible, educational courses, vocational training, and job counseling and placement opportunities. 6. Attractive leasing terms on County -owned land to include: Fifteen (15) year rent free lease for client constructed facility, after which facility becomes County property; payment -in -lieu of taxes for assessed value of building for the lease period; option to extend lease for additional fifteen (15) year period for negotiated fee; the right to construct aviation fueling facilities for the use of the client; and no Airport landing fees, if imposed, for the first two (2) years of occupancy. /J Adopted this , 30 day of t______, 1984. BOARD OF COUNTY COMMISSIONERS OF TEST AS TO. S,1 NATURE WASHINGTON COUNTY, MARYLAND D CO%PO*ATE'SEAL' BY:_(i'�� Ronald L. Bower , President t rts�l re k �fr9NES S : Richhard E. Roulette, Vice -Prep. R. Lee Downey ___. 9-4A.P. Salvatore i Martin L. Snook aunt �IK tore, Jul/ County Attorney Approved this day of 1984. -3- ♦ O � V i S 4 3 00 �N) (•~i � °Cot- (1- ���► a i r v o OCTOBER 30, 1984 MINUTES, CONT'D. ENFORCEMENT OF PARKING ORDINANCE Motion mn3ei1ommissfoner Snook, seconded by Roulette to accept the recommendation. of the Traffic Advisory Committee to enforce the County's Parking Ordinance only in those areas where parking is currently prohibited, with the Sheriff's Department issuing the citations for violations at fees of $10, $15, and $20, payable to the Ij County Treasurer. Unanimously approved. APPOINTMENTS TO NACO LEGISLATIVE COMMITTEE Motion made by Commissier Snook, seconded by Downey to appoint Commissioner Salvatore as the county's representative on the NACO Legislative Committee, with Commissioner Roulette as alternate. Unanimously approved. MINUTES OF COUNTY COMMISSIONERS MEETINGS Motion made by Commissioner Downey, seconded by Salvatore to approve of the Minutes of the County Commissioners' Meetings for September 25 and October 16, 1984, as submitted. Unanimously approved. CENTREX RATE STABILIZATION CONTRACT oMi%n made d sa oner Downey, seconded by Salvatore to enter into a three(3) year contract with Bell Atlantic for stabilization of the County's current Centrex I Service Charges, with the basic monthly charges reduced by approximately 36%. Unanimously approved. RECESS THe-1 eting was recessed at 12:00 noon for lunch. AFTERNOON SESSION T1Afternoon Session was convened at 2:00 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey and Salvatore present. CONVENE IN EXECUTIVE SESSION MOtion made by CommissI6iiThoulette, seconded by Downey to convene in Executive Session at 2:0O p.m. in regard to personnel and property matters and potential litigation. Unanimously approved. RECONVENE IN REGULAR SESSION jMotion ma e y omm ss oner Salvatore, seconded by Roulette to reconvene in Regular Session at 3:00 p.m. Unanimously approved. TRANSFER EMPLOYEE TO MAIL/COPY ROOM [%ion ma e y omm ssianer Salvatore, seconded by Downey to approve of the transfer of Sally Powell from the County Commuter System to the position of Clerk Typist in I• the Mail/Copy Room on a 90 -day probationary basis, to fill an existing vacancy. Unanimously approved. TRANSFER EMPLOYEE TO FULL TIME BUS DRIVER j� go-Elon made by toner Rou ette, seconded by Salvatore to approve of the transfer of Mae Burker, part-time bus driver for the County Commuter System, to full-time status to fill an existing vacancy. Unanimously approved. TRANSFER EMPLOYEE TO COUNTY COMMISSIONERS OFFICE l+T ion made by Commissioner a vatore, seconded by Roulette to approve of the transfer of Constance Parkinson from the Department of Housing & Community Develop- ment to the position of Administrative Secretary in the County Commissioners' Office! to fill a pending vacancy. Unanimously approved. I; AMENDMENT TO PERSONNEL POLICY RE PART-TIME BENEFITS II Motion made by Commissioner Roulette, seconded oy Downey to amend the CountyIii Personnel Policy regarding benefits for part-time employees as follows: Permanent part-time employees that have worked an average of 20 hours per week for at least ji three (3) full consecutive months will be offered regular county benefits on a prorated basis. Unanimously approved. EMPLOY ROADS DEPARTMENT PERSONNEL Motion ma iceyiam asiorieriette, seconded by Downey to employ Larry Moats in the position of Motor Equipment Operator II and Edward Robinson in the position of Motor Equipment Operator I in the Central Section sign shop, and Dwayne Timmons ra in the position of Motor Equipment Operator I on the Roads crew for the Washington County xoade uepartment, to fill existing vacancinn. Juei,aoUsly aptrovG..• EMPLOY PARKS DEPARTMENT PERSONNEL Mot on fnnde by CommFssicner Downey, seconded by Salvatore to employ Rodney Bowers in the position of Maintenance Man I for the Parke Department, to fill ao existing vacancy. Unanimously approved. OCTOBER 30, 1984 MINUTES, CONT'D. AWARD CONTRACT FOR TOURISM KIOSKS Mot on made by Commissioner "alvatore, seconded constructing four (4) tourism information kiosks the low bid of $4,500. Unanimously approved. by Roulette to award the contract for to Graphic Solutions who submitted AWARD CONTRACT FOR RENTAL OF COPY MACHINES Motion made by commissioner Roulette, seconded by Downey to award the contract for rental of a Xerox 9500 copy machine and a Xerox 1035 machine for the Court House to Xerox Corporation who submitted the low bids for annual rental fees of $31,320 and $940 respectively. Unanimously approved. RECESS The Meeting was recessed at 3:10 p.m. EVENING SESSION The Evening Session was convened in the Court House Conference Room at 7:00 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore, and Snook present. Also present were Donald R. Frush, Mayor of the City of Hagerstown and Council members Ronald Coss, William King and Robert Schleigh. Barry Teach, County Administrator, explained that the meeting was being held to confer on tax differential and to discuss the Antietam Drive/Eastern Boule- vard Project and the proposed Ditto Farms golf course. The Mayor submitted a pro- posal to the Commissioners to resolve the tax differential issue which would lower county property taxes in the city by 25 cents, while raising taxes outside the city by 13 cents, and asked that they respond to the proposal by November 15th. After a discussion of consolidation of services vs. a tax differential, the matter was taken under advisement. On the Eastern Boulevard bypass to be built by both the city and the county, there was no decision on who would widen an 1800' section of Northern Avenue which is in the city limits, although city officials said it was their understanding that the county would do it, since the city's half of the bypass is more expensive than the county's and includes a short section in the county. The discussion of the proposed 18 -hole golf course, and how it may be funded resulted in both governments agreeing to have their administrators work out a proposal for their consideration. ADJOURNMENT Motion made by Commissioner Salvatore, seconded by Snook to adjourn at 8:45 p.m Unanimo sly approved. Count Attorney November 1.3, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and John R. Salvatore. INVOCATION AND PLEDGE OF ALLEGIANCE Invocaton was delivered by Commissioner Bowers followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION - EPILEPSY MONTH oti_on made _y Cow oner Downey, seconded by Salvatore to Proclaim the month of November 1.984 as Epilepsy Month in Washington County, and call upon all citizens to join with the Epilepsy Association in Maryland in its efforts to educate the public about epilepsy so that people with epilepsy can take their rightful place in the mainstream of American society. Unanimously approved. Commissioner Downey read the Proclamation and presented a copy to Gerald Goessel, Regional Services Coordinator. PROCLAMATION - COMMUNITY EDUCATION DAY Motion made by Commissioner Roulette, seconded by Salvatore to proclaim November 13, 1984, as Community Education Day in Washington County and call upon the people of the County to recognize and celebrate the bonds they have discovered, the partner- ships they have formed, and the aene:e of community they have strengthened through community education programs. Unanimously approved. I I I u NOVEMBER 13, 1984 H MINUTES, CONT'D. Commissioner Bowers read the Proclamation and presented a copy to Marie Byers and Carol VanReenan, local educators. PROPOSED AMENDMENT TO DOG ORDINANCE The Commissioners decided to postpone consideration of an amendment to the Dog Ordinance proposed by the S.P.C.A. until they have the legislative authority to amend the Ordinance. CLOSING OUT SALE - WESTFIELD FASHIONS, LTD. Motion made by Commissioner Roulette, seconded by Downey to approve of the applica- tion of Westfield Fashions, Inc. to conduct a Closing -Out Sale of the business located in the Long Meadow Shopping Center, Hagerstown, Maryland, during the period November 9, 1984 through December 31, 19d4. Motion carried with Commissioners Roulette, Downey and Bowers voting "AYE" and Commissioner Salvatore "ABSTAINING". FUND CITY SECTION OF BYPASS PROJECT Motion made by Commissioner Salvatore, seconded by Downey to allocate $365,000 to build the portion of the proposed Eastern Boulevard inside the city limits for a distance of 1,800', from the intersection of Potomac and Northern Avenues east to i the bridge on Antietam Drive. Unanimously approved. I� CHARTER LANDING FEES Motion made by Commissioner Downey, seconded by Roulette to accept the recommenda- tion of the Airport Commission that a landing fee of $75.00 be charged for all aircraft having over 30 seats which require standby CFR coverage at the Washington County Regional Airport, and to schedule a public hearing to permit the citizens of Washington County to testify on this proposal. Unanimously approved. IREVISED JUNKYARD ORDINANCE I After due consideration of the proposed Junkyard Ordinance which had been revised to provide for the regulation of junkyards, public or private dumps, automobile graveyards, automotive dismantler and recycler facilities, or scrap metal processing facilities, and in concurrence with the recommendation of the County Attorney, the Commissioners decided to reschedule a Public Hearing on the Ordinance since it had been significantly broadened and expanded. ACCEPT STREETS INTO COUNTY ROADS SYSTEM - LONDONTOWNE PHASE II " Motion made by Commissioner Downey, seconded by Salvatore to concur with the recom- mendation of the County Engineer and accept the recently constructed portion of Abbey Lane and Bentley Court, associated with Londontowne Apartments - Phase II, into the County's roadway system. Unanimously approved. ADMINISTER HOMELESSNESS PROGRAM FUNDS Motion made by Commissioner Roulette, seconded by Downey to designate Community Action Council as the local agency to administer state funds for the Homelessness Program. Unanimously approved. PARKING BAN ON COOL HOLLOW ROAD Motion made by Commissioner Downey, seconded by Salvatore to impose a No Parking ban on Cool Hollow Road for a distance of 150' from Alternate Route 40. Unanimously approved. BID OPENING - GASOLINE, DIESEL FUEL AND MOTOR OILS for providing gasoline, diesel fuel and motor oils for the contract period December. 1, 1984 - November 30, 1985 were publicly opened. The following gasoline and diesel fuel bids were read aloud: HARDELL CORPORATION - Diesel Fuel - Civil Dcfcn�c - 0.17 County Commuter - 827 Landfill - 815 Parka - _A47 Iiirnnrit - H' .857, Roads - .841, .837 and .829; City of Hagerstown - Regular gas - .789, no lead .819, diesel fuel .832; A.C.& T. - Civil Defense - no lead gas, .8789, diesel fuel .8539; County Commuter -regular gas .7889, diesel fuel .8439, Landfill - regular gas .8489, diesel fuel .8089, Parks - regular gas .8489, diesel fuel .8539, Airport - div*.s el fuel .8539, Roads - diesel fuel all locations .8539, Roads - regular g&s 7889, no lead .8189, Sheriffs Department - no lead .8589, City of Hagerstown - regular gas .7889, no lead .8169, diesel fuel .8539; SWING OIL COMPANY - Civil Defense - no lead .894, diesel fuel .884, County Commuter - regular gas�n4, diesel fuel .872, Landfill - regular gas .864, diesel fuel .824, Parks - regular gas .864, diesel fuel .884, Airport - diesel fuel. .884, Roads - regular gas r11 inrrtinnR _ And: nn 1PA/l . A14 . rli PAPl fnr l .774; Shc•ri ffn Department - no lead .944, City of Hagerstown - regular gas .804, no .Lead .834, diesel fuel .884. Bids were also received and publicly opened from Solliday Oil. Company, John D. King Sales, Company and Dryden Oil Company for motor and industrial oils but were not read aloud because of their complexity. All bids will he reviewed by appropriate officials prior to a decision being rendered. NOVEMBER 13, 1984 MINUTES, CONT'D. CONVENE IN EXECUTIVE SESSION Motionmadeby Commissioner Salvatore, seconded by Downey to convene in Executive Session at 11:15 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Salvatore, seconded by Roulette to reconvene in Regular Session at 12:00 noon. Unanimously approved. PROMOTE PARKS PERSONNEL Motion made by Commissioner Downey, seconded by Salvatore to promote John Mellott to the position of Maintenance Man III, effective this date, and Fred Armstrong to the position of Maintenance Man II, effective upon the satisfactory completion of his probationary period, in the County Parks System. Unanimously approved. EMPLOY AND PROMOTE HOUSING PERSONNEL Mot on made by Commissioner Salvatore, seconded by Downey to promote Sharon Deneen to the position of Housing Processor and employ Patsy M. Shank in the position of Accounting Clerk I, to fill an existing vacancy, in the Department of Housing and Community Development. Unanimously approved. RECESS The Meeting was recessed at 12:10 p.m. EVENING SESSION The Evening Session was convened at 7:00 p.m. at the District 15 Ruritan Club in Big Pool with Vice President Roulette presiding and Commissioners Downey and Salvatore present. Also in attendance were Paul Hose, Jr., Mayor of Clear Spring and Council Members, and Council Members from the Town of Hancock. Barry Teach, County Adminis- trator, explained that the meeting was being held for the purpose of conferring on the issue of tax differential and any other matters of interest to the municipalities. Officials of both towns expressed appreciation for the cooperation and assistance provided by the County, and stated that they felt they were getting their money's worth for county taxes. Hancock representatives expressed concern over their town policemen leaving to take a job with the Sheriff's Department after the town had paid for training and the Commissioners agreed to try to find a way to reimburse some of the training costs. They also asked if a Sheriff's deputy could patrol the town when their own policemen are off -duty. Officials of both towns expressed an interest in using state inmate work crews for public projects. ADJOURNMENT Motion made by Commissioner Salvatore, Un imously ap oved. Co y At ey seconded by Downey to adjourn at 8:00 p.m. November 19, 1984 ' Clerk PUBLIC HEARING_- REZONING CASES 298 - 301 �o nt Pub1 c Hearing was convened in Court Room #1 of the Washington County Court House at 7:00 p.m. on November 19, 1984, by the County Commissioners and the Planning Commission to permit any resident of Washington County to testify in regard to Rezon- ing Cases 298 through 301. Present were Ronald L. Bowers, President of the County Commissioners, and Commissioners R. Lee Downey and Martin L. Snook, William E. Wolforc Jr., Chairman of the Planning Commission, and members Jack Byers, Michael Barnhart, John Herbst and Donald Zombro. After hearing all testimony, it was announced that the Record would be kept open for ten (10) days for additional testimony to be submitted in c{ ting. The Hearing was closed at 10:30 p.m. Cou AC r y i-, Clerk I I u November 20, 1984 Hagerstown, MD 21740 ® The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 1:00 p.m. by the President, Ronald L. Bowers, with Vice Presid Richard E. Roulette and Commissioner R. Lee Downey present. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers followed by the Pledge of Allegiance to the Flag by the full Assemblage. I E PROGRAM OPEN SPACE FOR FISCAL YEAR 1986 Edith Sweigert, Parks Coordinator, appeared before the Commissioners to submit Program Open Space for Fiscal Year 1986 to the Commissioners for their approval. She stated that, in addition to those projects previously approved for FY 1985 Annual Program, the following new projects had been added: Washington County Camp Harding Park Acquisition #4, Halfway Park Development #4, Wilson Bridge Develop- ment #1 and Camp Harding Park Development #3. Mrs. Sweigert explained that there were no changes for the municipalities. She also informed the Commissioners that all of the County parks were accessible to the handicapped, that the County can expect a $20,000 grant from the Land and Water Conservation Fund towards the development of a south county park, and that, under P.O.S. development for the municipalities, acquisition funds could be used for development of Mills Park since the land was a gift. The Commissioners took the Program Open Space proposal under advisement at this time. CHANGE ORDER #1 - AIRPORT OVERLAY_ PROJECT Motion made by Commissioner Downey, seconded by Roulette to approve of Change Order #1 to the contract with Beaver Creek Paving, inc. for Runway 2/20 Overlay at the Washington County Regional Airport, in the amount of $7.50 per ton for select backfill since excavation material is unsuitable. Unanimously approved. RAILROAD CROSSING SIGNALIZATION The Commissioners agreed to the recommendation of the County Engineer that Rench Road, Jordan Road and Tommytown Road railroad crossings be selected as the next projects for signalization and to submit the applications for Federal aid for these crossings. PROPOSALS FOR FINANCIAL ADVISORY SERVICES Motion made by Commissioner Downey, seconded by Roulette to select the firm of Baker Watts & Company, who submitted the low proposal of $7,000, as financial advisors and preparation of the marketing documents for the pending County Bond Issue. Unanimously approved. At this time Commissioner Martin L. Snook arrived at the Meeting. PROPOSAL FOR RECREATION/ATHLETIC CENTER Hagerstown Junior College Athletic Director Jim Brown, along with President Atlee Kepler, Dr. Mike Parsons, dean of instruction, Dr. George Elliott, dean of admin- istration, and Dr. Carl Galligan, dean of students, met with the Commissioners to propose the construction of a recreation and athletic center on the school campus. They said that the center would accommodate sports tournaments and activities for up to 5,000 people and would be open for community recreational activities. They also pointed out that the old gym could be converted to a facility for training/retraining dislocated workers in the community. Dr. Kepler stated that the college Board of Trustees had agreed to a continuation of the study for the new facility and they hoped the Commissioners would do the same. The Commissioners _ _e__e*d their approval of tho concept rt ...nd suppv for it being further studied.e TAX DIFFERENTIAL STUDY The County Administrator reported on a study made by the Director of Finance and himself which concluded that city of Hagerstown residents receive $1.09 in services for $1.00 paid in county taxes. The report was prepared in response to the city's October 30th proposal for a lower tax rate for city residents. The Commissioners agreed to send city officials a letter explaining the county study. They also commended Mr. Teach and Mr. Young for compiling the report. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Snook to convene in Executive Session at 3:05 p.m. in regard to personnel and property matters, pur�auant to the authority contained in Article 76(A), Section 11 (6 & 7) of the Annotated Code of Maryland. Unanimously approved. NOVEMBER 20, 1984 MINUTES, CONT'D. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Downey to reconvene in Regular Session at 3:40 p.m. Unanimously approved. FISCAL YEAR 1984 AUDIT REPORT Glenn Bachtell and Michael Manspeaker, representing the county's auditing firm, Main Hurdman, appeared before the Commissioners to submit the Audit Report for the year ending June 30, 1984. The Report revealed expenditures of $50.6 million, revenues of $40.3 million and an unreserved general fund balance of $4.6 million. Mr. Bachtell commended the Commissioners on the steps taken last spring to curtail spending, stating that this action resulted in less of a deficit than would have been realized if all funds budgeted had been spent. He also stated that the county was in excellent financial condition. EMPLOY PLUMBING INSPECTOR Motion made by Commissioner Snook, seconded by Roulette to employ Paul Sprecher in the position of Chief Plumbing Inspector to fill a pending vacancy. Unanimously approved. EMPLOY ACCOUNT CLERK Motion made by Commissioner Roulette, Seconded by Snook to employ Diana Fleming in the position of Account Clerk I in the Department of Housing and Community Development to fill an existing vacancy. Unanimously approved. TERMINATE EMPLOYMENT OF NORTH STREET CUSTODIAN Motion made by Commissioner Downey, seconded by Snook to terminate the employment of Allan Toliver, North Street School custodian, based upon the recommendation of the Department Head. Unanimously approved. EMPLOY NORTH STREET CUSTODIAN Motion made by Commissioner Snook, seconded by Downey to employ Anthony Doleman in the position of North Street School custodian, to fill an existing vacancy. Unani- mously approved. EMPLOY CARETAKER FOR KAETZEL PICK-UP STATION Motion made by Commissioner Roulette, seconded by Snook to employ Leon Kitchen in the position of Caretaker for the Kaetzel Pick-up Station to fill an existing vacancy. Unanimously approved. LEASE BARN AT DITTO FARMS Motion made by Commissioner Roulette, seconded by Downey to lease the barn at Ditto Farms to Charles Beard at a fee of $100 per month. Unanimously approved. EMPLOY HOUSING INSPECTOR/MAINTENANCE MAN Motion made by Commissioner Downey, seconded by Roulette, to employ Jeffrey Harbaugh in the position of Inspector/Maintenance Man for the county's housing projects at Mountain View Estates and Park View Knoll. Unanimously approved. PUBLIC HEARING FOR BRIDGE CLOSING Motion made by Commissioner Downey, seconded by Roulette to schedule a Public Hearing to consider the closing of Warner Hollow Road Bridge. Unanimously approved. AWARD GASOLINE CONTRACT Motion made by Commissioner Roulette, seconded by Snook to award the contract for gasoline for the period December 1, 1984 - November 30, 1985 to A.C.& T. who submitted the low bid of $172,019. Unanimously approved. AWARD BID FOR DIESEL FUEL Motion made by Commissioner Snook, seconded by Roulette to award the contract for diesel fuel for the period December 1, 1984 - November 30, 1985 to Hardell Corpora- tion who submitted the low bid of $185,055. Unanimously approved. AWARD BID FOR SHUTTLE VEHICLE_ Motion made by Commissioner Roulette, seconded by Downey to award the bid for a shuttle vehicle for the Transportation Commission to Hoffman Chevrolet who submitted the only bid of $6,309 for a four -door Chevette. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Snook, seconded by Roulette to convene in Executive Session at 4:55 p.m. in regard to potential litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland Unanimously approved. I I I I I NOVEMBER 20, 1984 MINUTES, CONT'D. Li I J I RECONVENE IN REGULAR SESSION AND ADJOURN Motion made by Commissioner Roulette, seconded (Session and adjou n at 5:15 p.m. Unanimously County Attorney November 27, 1984 Hagerstown, Maryland 21740 by Downey to reconvene in Regular approved. Clerk The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full Assemblage. MINUTES OF MEETINGS FOR OCTOBER 23 AND 30 1984 Motion made by Commissioner Downey, seconded by Snook to approve of the Minutes of the County Commissioners Meetings for October 23 and 30, 1984, as submitted. Unanimously approved. REVIEW LEGISLATIVE REQUESTS The Commissioners and the County Administrator reviewed and finalized the requests to be made to the Washington County Delegation to the General Assembly at the meeting scheduled for November 29th in the Court House Conference Room. At this time Commissioner Snook was excused from the Meeting. ANNUAL PROGRAM OPEN SPACE FOR FY 1986 Motion made by Commissioner Downey, seconded by Roulette to approve of the Program Open Space Annual Program for Fiscal Year 1986, as submitted at the Meeting of November 20, 1984, with the following amendments: Delete South County Park Acquisition #2 and add South County Park Acquisition #3 with an acreage of fifteen (15) and estimated cost comparative to Acquisition #3; delete City of Hagerstown Municipal Golf Course Acquisition #1 until clarification of this project is received. Unanimously approved. REVISE CHANGE ORDER #1 TO AIP PROJECT Mo of of n made by Commissioner Doney, seconded by Roulette to revise Change Order #1 to the Contract with Beaver Creek Paving for Runway 2/20 overlay AIP Project at the Washington County Regional Airport, to allow an additional ten (10) days for the contractor to complete the project. Unanimously approved. AWARD BID - COPY MACHINE FOR DETENTION CENTER Wt -inn mA P by CoiThaioner owney. saco by Roulette to award the bid for a copy machine for the Detention Center to IBM who submitted the low bid meeting requirements at a rental fee of $6,640 per year for a Model 20 machine. Unani- mously approved. AWARD BID - MOTOR AND INDUSTRIAL OILS Motion maCoiiIss oner Roulette, seconded by Downey to award the bid for motor and industrial oils for the contract period December 1, 1984 - November 30, 1985 to Solliday Oil Company who submitted the low bid meeting specifications in the amount of $21,262.12. Unanimously approved. TN(`T,I1DF: ATRP()nT FTRF.FT_('1'FRS IN WORKERS COMP. Mot on made oy CommTsion rr Downey, second63-by Roulette to include the active members of the Longmeadow Fire Company Airport Fire Brigade under the County's Workers Compensation Policy. Unanimously approved. At this time Commissioner Snook returned to the Meeting. COMMTT MATCHING FUNDS FOR r.AND PRI:SI:RVATION Tot.ioe mac7r SyZ`omm1se3nec gnodk, secondTd by Roulette to commit the amount of $50,657.18, which is available from the Agriculture Transfer Tax, as the local match for funds available through the Maryland Agricultural Land Preservation Foundation for easement purchases in Washington County for FY 1985. Unanimously approved. NOVEMBER 27, 1984 MINUTES, CONT'D. LETTER TO MAYOR AND COUNCIL RE DOUBLE TAXATION The Commissioners discussed a raftfitter to the Mayor and Council of the City of Hagerstown regarding the issue of "double taxation" and instructed the County Administrator to prepare it for their signatures. HOUSE WESTERN ENTERPRISE FIRE TRUCK Motion made by Commas over Snookk ,seconded by Roulette to house Engine #4 of the Western Enterprise Fire Department at the County Commuter Garage on a temporary basis, subject to a satisfactory agreement with the City of Hagerstown to pay all related expenses. Unanimously approved. ENHANCED 911 SYSTEM PRESENTATION A presentation was made by C&P Telephone Company Officials in the Court House Con- ference Room an a proposal to enhance the County's 911 emergency dispatch system by adding computer equipment to better identify and locate the caller. The Commis- sioners were informed that the estimated cost of $76,000 for the new equipment could be funded by increasing the 911 fee on customer's phone bills from 20 to 25 cents. The Commissioners took the proposal under advisement at this time. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Downey, seconded by Snook to convene in Executive Session at 11:55 a.m. in regard to personnel and property matters and potential litigation, in accordance with the authority contained in Article 76(A), Section 11- (a) (6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Downey to reconvene in Regular Session at 12:20 p.m. Unanimously approved. PERSONNEL MATTERS Notion made by Commissioner Roulette, seconded by Downey to approve of the following personnel matters: TOURISM INFORMATION CENTERS - Promote Lola Teeter to Supervisor of the I-81 Center, Lisa Frye to full -ti at the 1-81 Center, and Joan Estes to full-time at the I-70 Center. CLERK TYPIST - MAIL ROOM - Employ Irene Shives in the position of Clerk Typist I, to fill an existing vacancy. ACCOUNTING DEPARTMENT - Promote Patricia Harbaugh to Account Clerk II and employ Sherry Kline in the position of Account Clerk I after January 1, 1985, to fill an existing vacancy. HOUSING AND COMMUNITY DEVELOPMENT - Employ Joanna Hott in the position of Clerk Typist I Typist fill an ex sting vacancy. Unanimously approved. ADJOURNMENT Motion made by Commissioner Snook, Unanimously a roved. C ty Attorne seconded by Roulette to adjourn at 12:30 p.m. December 4, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Down John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE Tfiim Tnvoc ion was a1Ib Reverend Lawrence J. Conway III, St. John's Lutheran rh„rnh. fnllnwed by the Pledcie of Allegiance to the Flag by the full assemblage. CERTIFICATE OF MERIT - STANLEY "RED" YOUNKER Tile omm as onera presented a C`ert cats oT Merit to Stanley "Red" Younker, Court House Maintenance Superintendent, in recognition of his preventing a potentially dangerous situation by extinguishing a fire in an auto in front of the court house on November 9, 1984. 911 ENHANCED SYSTEM I�Ito ion na3e byommisaioner Roulette, seconded by Snook to schedule a Public Hearing to consider the adoption of a Resolution to increase the county 911 telephone sur- charge to $.15 in order t:: generate approximately $76,622 to pay for a 911 Enhanced System. Unanimously approved. Li u I I fl DECEMBER 4, 1984 MINUTES, CONT'D. H ADVANCE TO SANITARY COMMISSION - HIGHFIELD PROJECT oCommissioner made by Coss oner Downey, seconded y Roulette to advance $20,000 to the Sanitary Commission for the final engineering design and specifications for the li Highfield Water System, with this amount to be reimbursed from project funds as they become available. Unanimously approved. ADVANCE TO SANITARY COMMISSION - MARTINS CROSSROADS PROJECT Motion made by Comnlssioner Salvt6ie,inded by Roulette to advance $3,523.72 to the Sanitary Commission for administrative and traveling expenses applicable to the Martins Crossroads Project for the period May 1983 - September 1984, with this amount to be reimbursed from project funds as they become available. Unani- mous].y approved. REVISIONS TO ELECTRICAL CODE Motion made bycommissioner Roulette, seconded by Salvatore to concur with the Board of Examiners and Supervisors suggested revisions to the Washington County Electrical Apparatus and Wiring Code, and to submit the revisions to the Wash- ington County Delegation to sponsor for authorizing legislation. Unanimously approved. H AMENDMENTS TO FY 1985 PROGRAM OPEN SPACE Motion made by Commissioner Downey, seconded by Salvatore to amend FY 1985 Program Open Space, as follows: ACQUISITION - Add priority #4, Washington County Camp Harding Park Acquisition #3; DEVELOPMENT - Add priority #5, Washington County Wilson Bridge Development #1 and priority #6, Washington County Halfway Community Park Development #4. Unanimously approved. REQUEST FOR ADDITIONAL SPACE - STATES ATTORNEY M. Kenneth Long,'TState's A orneyTor Washington County, appeared before the Commissioners to inform them of the urgent need for additional space in his office and of the availability of adjacent space at 43 Summit Avenue. He proposed three (3) lease options for the Commissioners' consideration, at a rate of $5.50 per square foot. He also stated that there were adequate funds in his current budget to pay these costs. MOTION made by Commissioner Salvatore, seconded by Downey to enter into a five-year lease agreement for Option #3 for additional space for the State's Attorneys Office. Unanimously approved. PROCLAMATION - REGISTRATION AWARENESS MONTH Motion made by Comxnissioner goo , seconded by Salvatore to Proclaim the month of December 1984 as Selective Service Registration Awareness Month and urge all young men to express pride in their country and belief for its rights and freedoms by registering with the Selective Service System in accordance with the Military Selective Service Act. Unanimously approved. PROCEED WITH ROAD ABANDONMENT AND CONVEYANCE - OLD HOPEWELL ROAD Motion made by Commissioner ou ette, secon%eTb nook to proceed with the aban- donment of the Old Hopewell Roadbed and convey it to the adjoining property owners, in accordance with the notice of the Commissioners intentions to do so as published on November 15, 22 and 29, 1984. Unanimously approved. MINUTES OF MEETING FOR NOVEMBER 13,__1984 o ion ma e —by Commissionervatore, seconded by Downey to approve of the Minutes H of the County Commissioners Meeting on November 13, ].984, as submitted. Unanimousl H approved. I1 CONVENE TN RY RCi1TTVR SESSION I MbETmmiss[ner Roulette, seconded by Salvatore to convene in Executiv4 Session at 10:25 a.m. in regard to personnel and property matters and potential litigation, pursuant to the authority contained in Article 76(A), Section 11(a) (6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION M—otTon make Tiv ommiss[ner Salvatore, seconded by Roulette to reconvene in Regular Session at 11:00 a.m. Unanimously approved. PUBLIC HEARING - RYD_EP/PP--I-E BOND ISSUE h Tie ire13enf convened the eIE1 in ublic Hearing at 11:00 a.m. to permit any Ij resident of. Washington County to testify in regard to the proposed issuun a cf Economic Development Revenue Bonds in an amount not to exceed $1,000,000 for the benefit of Ryder/P-I-E Nationwide, Inc. Dennis Dessecker, Vice President of Ryder/P-I•-E northern division, explained that the funds would be used to finance an addition of approximately 16,200 sq. ft. of space added to the existing terminal in the Airport Industrial Park. -rimmy Ruppersberger, Bond Counsel attorney, introduced the authorizing resolution for the commissioners consideration J There being no one present to speak for nor against said Bond Issue, the President closed the Hearing at 11:15 a.m. and reconvened the Meeting in Regular Session. DECEMBER 4, 1984 MINUTES, CONT'D. RYDER P -I -E BOND ISSUE RESOLUTION Motion made byCommissioner Roulette, seconded by Salvatore to adopt a Resolution authorizing and empowering the County Commissioners of Washington County to issue, sell and deliver, at any one time or from time to time, its revenue bonds in a principal amount not to exceed $1,000,000 pursuant to the provisions of Sections 266A through 266-I of Article 41 of the Annotated Code of Maryland in order to lend the proceeds to Ryder/P-I-E Nationwide, Inc. for the sole purposes described in the Resolution; approving the issuance of the Bonds requested in a Letter of Intent to County Commissioners dated August 23, 1983, which letter was accepted by a Resolutio: dated August 23, 1983, making certain legislative findings, among others, concerning the public benefit and purpose of such revenue bonds. Unanimously approved. (Copy of Resolution attached.) RECONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to reconvene in Executive Session at 11:20 a.m. in regard to personnel and property matters and potential litigation, pursuant to the Authority contained in Article 76(A), Section 11(a) (6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Salvatore, seconded by Downey to reconvene in Regular session at 12:25 p.m. Unanimously approved. COLUMBIA GAS EASEMENT Motion made by Commissioner Salvatore, seconded by Downey to approve of the agree- ment with Columbia Gas for an easement and right-of-way in the Washington County Industrial Park to extend their gas line, currently terminated at the Detention Center, southwestward to serve the new Howard Johnson's and other industrial sites. Unanimously approved. CHANGE ORDER TO CLEAR SPRING SCHOOL DEMOLITION CONTRACT Motion made by Comm sa oner Downey, seconded by Salvatore to approve of Change Order i1 to the contract with Grimm's Auto Salvage for demolition of the former Clear Spring School, to allow for an extension of the contract period to January 16, 1985. Unanimously approved. SMITHSBURG POLICE OFFICER ON COUNTY INSURANCE PLAN Motion made by Commissioner Salvatore, seconded by Roulette to approve of including the Smithaburg Police Officer under the County Group Insurance Plan, with the town paying all costs for this coverage. Unanimously approved. EMPLOY CLERK TYPIST - HOUSING Motion made by Commissioner Salvatore, seconded by Snook to accept the recommendatioi of the Department Head and employ Mary Becraft in the position of Clerk Typist II to fill an existing vacancy in the Department of Housing and Community Development. Motion carried with Commissioners Salvatore, Snook, Roulette and Bowers voting "AYE" and Commissioner Downey voting "NO". EMPLOY TOURISM INFORMATION SPECIALISTS t on ma e y Comm ss ioner Salvatore, seconded by Roulette to accept the recommen- dations of the Department Head and employ Tammy Grove, Brenda Jill Fuhrman and Linda Carbaugh in the positions of Tourism Information Specialists at the I-70 and I-81 Centers. Unanimously approved. AGREEMENT WITH ALPHIN AIRCRAFT FOR NEW FACILITY .._ticn ., , r_ r,npr sa verore. sz6cncTed by Snook to approve of the agreement with Aiphin Aircraft, Inc. for construction of an additional aircraft hangar at the Washington County Regional Airport. Unanimously approved. ADJOURNMENT Mot on made by Commissioner Snook, seconded by Roulette to adjourn at 12:35 p.m. Un imously a roved. ou y Attorney ,Clerk I I I I DECEMBER 4, 1984 MINUTES, CONT'D. 1 I RESOLUTION A RESOLUTION AUTHORIZING AND EMPOWERING COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ISSUE, SELL AND DELIVER, AT ANY ONE TIME OR FROM TIME TO TIME, ITS REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000, PURSUANT TO THE PROVISIONS OF SECTIONS 266A THROUGH 256-I OF ARTICLE 41 OF THE ANNOTATED CODE OF MARYLAND (1982 REPLACEMENT VOLUME) AS AMENDED IN ORDER TO LOAN THE PROCEEDS THEREOF TO RYDER/P-I-E NATIONWIDE, INC. (FORMERLY RYDER TRUCK LINES, INC.), A FLORIDA CORPOR- ATION, FOR THE SOLE AND EXCLUSIVE PURPOSES DESCRIBED IN THIS RESOLUTION; APPROVING THE ISSUANCE OF THE BONDS REQUESTED IN A LETTER OF INTENT FROM RYDER/P-I-E NATIONWIDE, INC. (FORMERLY RYDER TRUCK LINES, INC.), A FLORIDA CORPORATION, TO COUNTY COMMISSIONERS OF WASH- INGTON COUNTY DATED AUGUST 23, 1983, WHICH LETTER WAS ACCEPTED BY COUNTY COMMISSIONERS OF WASHINGTON COUNTY BY A RESOLUTION DATED AUGUST 23, 1983, MAKING CERTAIN LEGISLATIVE FINDINGS, AMONG OTHERS, CONCERNING THE PUBLIC BENEFIT AND PURPOSE OF SUCH REVENUE BONDS; PROVIDING THAT SUCH REVENUE BONDS AND THE INTEREST THEREON SHAD fMITED OBLIGATIONS OF COUNTY Cam I SSIO RS OP WASHINGTON COUNTY, REPAYABLE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, PRIOR TO THE ISSUANCE, SALE AND DELIV- ERY OF SUCH REVENUE BONDS, TO PRESCRIBE THE RATE OR RATES OF INTEREST SUCH REVENUE BONDS ARE TO BEAR, THE FORM, TENOR, TERMS AND CONDI- TIONS OF AND SECURITY FOR SUCH REVENUE BONDS, AND TO PRESCRIBE, DETERMINE, PROVIDE FOR AND APPROVE VARIOUS OTHER MATTERS, DETAILS, DOCU- MENTS AND PROCEDURES IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT FOR SUCH REVENUE BONDS; AND GENERALLY PROVIDING FOR AND DETEEREIUING VARIOUS , ALTERS AND DETAILS IN CONNECTION WITH THE AUTHORIZA- TION, ISSUANCE, SECURITY, SALE AND PAYMENT OF SUCH REVENUE BONDS. RECITALS Sections 266A to 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume) as amended (the "Act") empower all the counties and municipalities of the State of Maryland to issue revenue bonds and to loan the proceeds o€ the sale of such revenue bonds to a "facility user" to finance the acquisition (as defined in the Act) by such "facility user" of any facility (as defined in the Act). As defined in the Act, a "facility user" includes any individual, public or private corpor- ation, partnership, association, firm, or other entity whether or not created for the purpose of making a profit, which owns, leases, or uses all or any part of a facility. The Act declares it to be the legislative purpose to relieve conditions of unemployment in the State of Maryland, to encourage the increase of industry and a balanced economy in the State of Maryland, to assist in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland through among other things, port development and the control, reduction or abatement of pollution of the environment and the utilization and disposal of wastes (where proceeds of the bonds are used for that purpose), to promote economic development, to protect natural resources and encourage resource recovery and to generally promote the health, welfare and safety of the residents of each of the counties and municipalities of the State of Maryland. County Commissioners of Washington County, a body politic and corporate and a political subdivision of the State of Maryland (the "County"), has received a letter of intent dated August 23, 1983 (the "Letter of Intent"), from Ryder/P-I-E Nationwide, Inc. (formerly Ryder Truck Lines, Inc.), a Florida corporation (in form attached hereto as Exhibit A), a "facility applicant" as defined in the Act (the "Borrower"), in which it is requested that the County participate in the financing of a certain facility as defined herein, by the issuance of certain bonds described therein and by loaning the proceeds thereof to the Borrower for the purpose of acquiring and owning the facility defined herein upon the terms and conditions of a loan or similar agreement to be entered into between the County and the Borrower (the "Loan Agreement"), as permitted by the Act (such loan being herein referred to as the "Loan"). The facility will be used by the Borrower as a breakbulk truck terminal in its business of transportation services. The Letter of Intent was accepted by the County pursuant to an Official Action Resolution adopted by the Board of County Commissioners of Washington County on August 23, 1984. -2- The facility to be acquired will consist generally of (a) an addition of approximately 16,200 square feet of space to be added to an existing terminal owned by the Borrower and located on Industry Drive in the Airport Industrial Park, Washington County, Maryland (the "Addition"), (b) equipment for the Addition (the "Equipment"), and (c) any other improvements or interests in land necessary or desirable for operation of the Addition, together with roads and other rights of access, utilities, and other facilities necessary to the acquisition, construction and oper- ation of the facility (the "Other Interests") (the Addition, the Equipment and the other Interests collectively, the "Facility"). The County, in compliance with the Tax Equity and Fiscal Responsibility Act of 1982 (the "Federal Act") held a public hearing on December 4, 1984, pursuant to notice (in form attached hereto as Exhibit B) published in a newspaper of general circula- tion in Washington County on November 19, 1984 for the purpose of apprising affected residents of Washington County, Maryland of the proposed issuance of the Bonds and allowing such residents to appear and be heard concerning the issuance of the Bonds and the location and nature of the Facility. The County has determined following such public hearing, that there will be a substantial public benefit from the issuance of the Bonds, that the issuance of the Bonds to finance the Facility is in the public interest and for a public purpose and by this Resolution has given its approval thereto. The County based upon the findings and determinations set forth below, has determined to participate in the financing of the Facility by (a) issuing, selling and delivering its revenue bonds in an aggregate principal amount not to exceed $1,000,000 (the "Bonds"), and (b) loaning the proceeds of the Bonds to the Borrower upon the terms and conditions of the Loan Agreement, as permitted by the Act. The Loan Agreement will require the Borrower (a) to use the proceeds of the Bonds solely to finance the acquisition of the Facility (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement), and (b) to make Loan payments which will be sufficient to enable the County to pay the principal of and interest and premium, if any, on the Bonds when and as the same shall become due and payable. As security for the Bonds, the County may enter into a trust agreement with one or more corporate trustees or a purchase or assignment agreement with the purchaser of the Bonds pursuant to which the County will assign to such trustee or purchaser, among other things, and excepting the right of the County to indemnification and to payments of the County for expenses, all of the County's right, title and interest in and to, and remedies with respect to the Loan Agreement and any other document or instrument relating to the Loan, and any and all other property of every description and nature from time to time by delivery or by -3- writing of any kind conveyed, pledged, assigned or transferred, as and for additional security for the Bonds. SECTION 1. , That, acting pure ed as follows: (1) The issuance and sale of the Bonds by the County pursuant to the Act in order to lend the proceeds thereof to the Borrower for the sole and exclusive purpose (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement) of financing the acquisition (within the meaning of the Act) by the Borrower of the Facility will facilitate and expedite the acquisition of the Facility by the Borrower. (2) The acquisition of the Facility by the Borrower and the financing and refinancing thereof as provided in this Resolu- tion will promote the declared legislative purposes of the Act by (a) creating jobs and employment, thus relieving conditions of unemployment in the State o€ Maryland and in Washington County; (b) encouraging the increase of industry and commerce and the creation of a balanced economy in the State of Maryland and in Washington County; (c) assisting in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland and in Washington County; (d) promoting economic development; and (e) promoting the health, welfare and safety of the residents of the State of Maryland and Washington County. (3) In addition to authorizing the County itself to acquire the Facility and either to lease or to sell the same to the Borrower, the Act authorizes facility financing to be accom- plished in the form of a loan by the County to the Borrower. The loan form of transaction avoids indirect costs and burdens on the County by eliminating any direct involvement by the County in theacquisition, ownership or administration of the Facility while permitting the imposition of ample controls on the use of the pro- ceeds of the Bonds, thus insuring that the public purposes of the Act and the bond transactions are fully accomplished. Because it is in the best interests of the citizens of Washington County to finance the acquisition of the Facility by a loan to the Borrower; this Resolution contemplates and authorizes a transaction in the form of a loan of the proceeds of the Bonds by the County to the Borrower. Accordingly, this Resolution, together with the written order to be executed by the President of the Board of County Commissioners of Washington County (the "Board") prior to the issuance, sale and delivery of the Bonds (the "Written Order"), the Loan Agreement and any other instrument pertaining to the issuance, sale or delivery of the Bonds including those instru- � _.e _a_ I......t. _t._ 44..-........4... men LB appsvved by �ulo Ili.1 L. LZ viuers � su411 vuavi 1 30 Vi lYila.,ar-, together with the Loan Agreement, collectively, the "Bond Docu- ments"), contains, or shall contain, such provisions as the County -4- deems appropriate to effect the financing of the acquisition by the Borrower of the Facility by the loan form of transaction. (4) NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR GENERAL OBLIGATION OF THE -_ COUNTY OR A CHARGE AGAINST, OR PLEDGE OF THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY, WITHIN THE MEANING OF ANY CONSTITU- TIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION, AND NEITHER SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF THE COUNTY. THE BONDS AND THE INTEREST THEREON SHALL BE LIMITED OBLIGATIONS OF THE COUNTY, REPAYABLE BY THE COUNTY SOLELY FROM THE - REVENUES DERIVED FROM LOAN REPAYMENTS (BOTH PRINCIPAL AND INTER- EST) MADE TO THE COUNTY BY THE BORROWER ON ACCOUNT OF THE LOAN AND FROM ANY OTHER MONIES MADE AVAILABLE TO THE COUNTY FOR SUCH PURPOSE. The proceeds of the Bonds, and the payments to be made by the Borrower pursuant to the Loan Agreement, will be paid directly to a trustee or the holders of the Bonds in the event a trustee is not appointed for such purpose to be held and disbursed as shall be approved by the President of the Board in the Written Order. No such monies will be commingled with the County's funds but will be subject only to such limited supervision and checks as are deemed necessary or desirable by the County to insure that the proceeds of the Bonds are used to accomplish the public purposes - of the Act and this Resolution. The transactions authorized - hereby do not constitute any physical public betterment or im- provement or the acquisition of property for public use or the purchase of equipment for public use. The public purposes expres- - sed in the Act are to be achieved by facilitating the acquisition of the Facility by the Borrower. (5) The Borrower is or will be a "facility applicant" and a "facility user" as defined in the Act; the Facility to be acquired by the Borrower will be used by the Borrower for trans- portation services uses within the purposes permitted by the Act. (6) The public purposes intended to be achieved by the County through the issuance of the Bonds will be achieved upon completion of the construction and acquisition of the Facility resulting in the location of new transportation services facil- ities in Washington County, Maryland. SECTION 2. AND BE IT FURTHER RESOLVED BY THE BOARD OF approve.and liauthorizeUand empowered to issue, sell and deliver, at any time or from time to time, the following series of Bonds to be known as its "Washington County, Maryland, Economic Development Revenue Bond(s) (Ryder/P-I-E Nationwide, Inc. Pro- ject)" (provided that such designation may be changed or may contain such other descriptive information as the President of the Board may prescribe in the Written Order) in a principal amount not to exceed $1,000,000 subject to the provisions of this Resol- ution. The proceed* of the Bonds will be loaned to the Borrower pursuant to the terms and provisions of the Loan Agreement, to be expended by the Borrower for the sole and exclusive purpose of -5- financing and refinancing the acquisition of a Facility as spec- ified in the Act (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agree- ment). The security and sources of payment for the Bonds shall be solely and exclusively as provided in Section 1 of this Resol- ution. The authority to issue the Bonds is intended to and shall include the authority to issue revenue refunding bonds. Reference herein to the "Bonds" shall include revenue refunding bonds where appropriate. In the event that any refunding bonds are issued pursuant to this Resolution, the outstanding principal. amount of any "refunded bonds" (as hereinafter defined) shall not be taken into account in determining the aggregate principal amount of the Bonds issued, sold and delivered hereunder. The term "refunded bonds" means any Bonds (i) for the payment of which (both principal and interest) provision has been made from the proceeds (including any earnings on the investment thereof) of Bonds issued pursuant to this Resolution, or (ii) which have been paid from such proceeds, whether such provisions for payment, or such payment is made at or prior to the maturity of such Bonds. SECTION 3. AND BE IT FURTHER RESOLVED BY THE BOARD the Board is hereby au orize , empowered, and directed to accept the Letter of Intent on behalf of the County in order to evidence the intent of the County to issue, sell and deliver the Bonds in accordance with the terms and provisions of this Resolution. This Resolution is intended to be, and shall constitute, evidence of the County's intent to issue and deliver the Bonds authorized hereby in accordance with the terms hereof when the Bonds are sold, provided that the County shall have no duty to obtain a purchaser or purchasers therefor and shall incur no pecuniary liability in the event the Bonds are not sold. The County and the Borrower contemplate that the Borrower may proceed with the acquisition of the Facility prior to the issuance, sale and deliv- ery of the Bonds authorized hereby. SECTION 4. executed in the name of ie County and on its behalf by the President or Vice President of the Board, by his or her manual or facsimile signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other author- ized officer) by his or her manual or facsimile signature. The Bond Documents shall be executed in the name of the County and on its behalf by the President or Vice President of the Board by his or her manual signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced t arid d d.. twit ~.l -� o ♦l+. ec .ord ( oa. other eu or— W1QiGV11 CLA"A 6%%co`a.�u by Z W.v It= ized officer) by his or her manual signature. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds or any of the aforesaid documents shall cease to be such -6- officer before the delivery of the Bonds or any of the other aforesaid documents, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The President of the Board, the Clerk to the Board and other officials of the County are hereby authorized and empowered to do all such acts and things and execute such other documents and certificates as the Board may determine in the Written Order to be necessary to carry out and comply with the provisions hereof. SECTION 5. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That prior to the issuance, sale and a ivery of e Bonds, the President of the Board shall execute the Written Order, pursuant to which the President of the Board may (without limitation) specify, pre- scribe, determine, provide for or approve, all within the limita- tions of this Resolution and the Act, all matters, details, forms, documents and procedures pertaining to the sale, security, issu- ance, delivery and payment of or for the Bonds, including (without limitation): (a) the principal amount of the Bonds to be issued at any one time and from time to time, the rate or rates of interest thereon, the date or dates of maturity thereof, provisions for the payment thereof, prepayment, sinking fund and redemption provi- sions (if any) thereof, the designation or designations of the Bonds and of any series, and the date or dates of issuance there- of; (b) the form, tenor, terms and conditions of the Bonds, and provisions for the registration and transfer of the Bonds (if any); (c) the form and contents of, and provisions for the execution and delivery of, such financing documents as the Presi- dent of the Board shall deem necessary or desirable to evidence, secure or effectuate the Loan and the issuance, sale and delivery of the Bonds, including (without limitation) any loan agreements, notes, mortgages, security agreements, assignments, guarantees, financing agreements or escrow agreements; (d) provision for the payment directly by the Borrower of all, expenses of preparing, printing and selling the Bonds, including (without limitation) any and all costs, fees and expenses, incurred by or on behalf of the County in connection with the authorization, issuance, sale and delivery of the Bonds, and all costs incurred in connection with the development of the appropriate legal documents, including fees of counsel to the County, and compensation to any persons (other than full-time employees of the County) or entities performing services for or on behalf of the County in connection therewith and in connection t a►. al t ...4-%... �r �...... ti. .. ......1 a t ter.: y......i ♦: -L •.., wii v..a.V,.-ranz.ac o .Y v4.a...il aa.c V t ehiz £ etP ,14 whether or not the proposed financing is consummated; -7- (e) the creation of security for the Bonds and provi- sion for the administration of the Bonds, including (without limitation) the appointment of such trustees, escrow agents, payment agents, registrars or other agents as the Board shall deem necessary or desirable to effectuate the transactions authorized hereby; (f) the preparation and distribution, in conjunction with representatives of the Borrower and the prospective pur- chasers of or underwriters for the Bonds of any series, both a preliminary and a final official statement, placement memoranda or offering circular in connection with the sale of the Bonds of any series, if such preliminary official statement and final official statement, placement memoranda or offering circular are determined to be necessary or desirable for the sale of the Bonds of such series; (g) the form and contents of, and provisions for the execution and delivery of, a contract or contracts for the pur- chase and sale of the Bonds of any series (or any portion there- of); and (h) such other matters in connection with the authori- zation, issuance, execution, sale, delivery and payment of the Bonds, the security for the Bonds and the Loan, and the consum- mation of the transactions contemplated by this Resolution as may be deemed appropriate and approved by the President of the Board including (without limitation) establishing procedures for the execution, acknowledgement, sealing and delivery of such other and further agreements, documents, and instruments, and the authoriza- tion of the officials of the County to take any and all actions, as are or may be necessary or appropriate to consummate the transactions contemplated by this Resolution in accordance with the Act and this Resolution. SECTION 6. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That (a)THE ACT PRO- VIDES THAT NEITHER THE BONDS NOR THE INTEREST THEREON SHALT. EVER CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY WITHIN THE MEANING OF ANY CONSTI- TUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND SHALL NEVER CONSTITUTE OR GIVE RISE TO PECUNIARY LIABILITY OF THE COUNTY. In order to implement Section 266F(e) of the Act stating that the Bonds shall never constitute or give rise to pecuniary liability of the County, 'the Written Order, the Loan Agreement, the Bonds and the Bond Documents may provide that no bondholder shall look to the County for damages suffered by such bondholder as a result of the failure of the County to perform any covenant, undertaking or obligation under the Bond Documents, nor as a result of the incorrectness of any reprreentation made by Lim County in the Bond Documents. Although this Resolution recognizes that the Bond Documents shall not give rise to pecuniary liability of the County, nothing contained in this Resolution or in the Bond -8- Documents shall be construed to preclude in any way any action or proceedings (other than that element in any action or proceeding involving a claim for monetary damages against the County) in any court or before any governmental body, agency or instrumentality, or otherwise against the County or any of its officers or employ- ees to enforce the provisions of any of the Bond Documents. (b) Although the Bond Documents shall provide that the County shall have the right to seek remedies in the event of a default by the Borrower, it is contemplated that the County will - assign the performance of obligations to take action to the trustee for the holder(s) of the Bonds or the purchaser or holder of the Bonds, in order to implement the purposes and intent of the Act, namely to facilitate the acquisition of the Facility by the Borrower without incurring any pecuniary obligation or liability of the County. Accordingly, if a trustee is appointed for such purpose, the trustee shall have the duty to act, whether or not at the direction of bondholders, in all instances in which the trustee for such Bonds may act and determines that action is appropriate. In any case where action by the trustee for the Bonds or the purchaser or holder of the Bonds requires simultane- ous or subsequent action by the County, the County will cooperate with such trustee or the purchaser or holder of the Bonds and take any and all action necessary to effectuate the purposes and intent of this Resolution and the Bond Documents. The performance by the ,-- trustee for the Bonds or the purchaser or holder of the Bonds of obligations under any of the Bond Documents permits the identifi- cation of all costs arising from the exercise of such obligations. The Bond Documents shall provide that the Borrower shall pay those costs in order to avoid any direct or indirect pecuniary burden on the County. SECTION 7. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That, as permitted y the Act, the Bonds of each series shall be sold at private (nego- tiated) sale and at par, unless the President of the Board deems it to be in the best interests of the County to sell the Bonds of —_ any series at public sale or by retail sale or above or below par, in which event the Bonds of such series shall be sold in such manner, at such price or prices and upon such terms as shall be determined in the Written Order to be in the best interests of the County. The Bonds of each series shall be sold at such times, on such dates and to such persons, firms or corporations (including, without limitation, banks or other financial institutions) as shall be determined by the President of the Board in the Written Order with the consent of the Borrower. SECTION 8. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the provisions of this Resolution are severable, and if any provision, sentence, clause, section or part hereof is held illegai, invalid or uncon- stitutional or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, -9- sentences, clauses, sections, or parts of this Resolution or their application to other persons or circumstances and the remaining provisions shall be construed so as to give practical realization to the public purposes intended to be achieved hereunder and the protection against pecuniary liability to be afforded to the County. It is hereby declared to be the legislative intent that this Resolution would have been passed if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included herein, and if the person or circumstances to which this Resolution or any part hereof are inapplicable had been specifically exempted herefrom. SECTION 9. AND BE I &VfY VL V£Va. YS .al, 44APY 44AC 4V 1441 reserves the right to refrain from issuing the Bonds hereby authorized or to postpone such issuance for such time or times as it may determine if it, in its sole discretion, determines (i) that the interest on the Bonds will or may not be exempt from federal income taxation, or (ii) that the issuance of the Bonds might prevent it from issuing its bonds the interest on which will be exempt from federal income taxation, to finance one or more other facilities at such time or times as it desires to issue such bonds for other facilities. SECTION 10. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That unless such time period shall e limited by other applicable law, in the event that the financing transactions contemplated by this Resolution shall not have occurred by December 31, 1984, the County's authorization under this Resolution shall terminate unless otherwise extended by Resolution of the Board. SECTION 11. AND BE IT FURTHER RESOLVED BY THE BOAR COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That this Reso u shall take effect from the date of its adoption. PASSED AND ADOPTED this 4th day of December, 1984. ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: a yn S ort Rona L. Bower , press ent Clerk Board of Count Commissioners of Washington County (SEAL] -10- EXHIBIT A LETTER OF INTENT EXHIBIT A RYDE2/P'I'E IVATIQM'WOE August 23, 1983 County Commissioners of Washington County c/o Mr. Leroy R. Burtner, Director Washington County Economic Development Commission Court House Annex Hagerstown, Maryland 21740 Re: $1,000,000 County Commissioners of Washington County, Maryland Economic Development Revenue Bonds (Ryder/P-I-E Nationwide, Inc. Expansion Project) Ladies and Gentlemen: Ryder/P-I-E Nationwide, Inc. (formerly Ryder Truck Lines, Inc.), a Florida corporation (the "Borrower"), requests that County Commissioners of Washington County (the "County") participate in the financing of the acquisition and construction of new facilities hereinafter described (the "Facility") to be located in Washington County, Maryland, by authorizing, issuing and selling its economic development revenue bonds in a principal amount not to exceed $1,000,000 (the "Bonds"), pursuantto Sections 266A through 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume) (the "Act"). It is intended that this letter, if accepted by the County, shall constitute a "letter of intent" as contemplated by Section 266A(h) of the Act. It is proposed that the County loan the proceeds of the -d- (the "Tnrn") to the Borrower pursuant to the terms and provisions of a Loan Agreement to be entered in Lo by thc County and the Borrower (the "Loan Agreement"). The Loan Agreement will require the Borrower to use the proceeds of the Loan for the sole and exclusive purpose of financing the acquisition and construc- RYDER%PTE NATIONWIDE, INC. ' U HOX /dun .rnrAs(,hvu , I ;. '. ,' , County Commissioners of Washington County August 23, 1983 Page 2 tion of the Facility by the Borrower as generally described herein and the payment of the costs of preparing and selling the Bonds and other costs as permitted by the Act. The Facility will be usedtbysthe YBa�� .qwer as a breakbulk truck terminal in its business of The Bonds shall be repayable by the County solely from the revenue derived from loan repayments (both principal and interest) made to the County by the Borrower pursuant to the terms and provisions of the Loan Agreement and from any other monies made available to the County for such purpose. The Borrower is a "facility applicant" and "facility user" as mentioned in Section 266A(h) and (i) of the Act. The Loan Agreement will require the Borrower to make Loan payments (both principal and interest) sufficient to pay (a) the principal of, and interest and redemption premium, if any, on, the Bonds, and (b) all expenses incurred by the County in connec- tion with the issuance and sale of the Bonds and the making and administration of the Loan, as the same become due and payable. The Borrower agrees that all costs of acquiring and constructing the Facility in excess of the proceads of the Loan will be paid by the Borrower. The Loan Agreement will contain such other pro- visions as may be required by law and as may be agreed to by the Borrower, the County, and the purchaser(s) •of the Bonds, as permitted by law. The Facility, which is a "facility" as defined in the Act, will consist generally of (i) an addition of approximately 16,200 square feet of space to be added to an existing terminal owned by the Borrower and located on Industry Drive in the Airport Industrial Park, Washington County, Maryland (the "Addition"); (ii) equipment for the Addition (the "Equipment."); and (iii) any other improvements or interests in land necessary or desirable for operation of the Addition together with roads or other rights of access, utilities, and other facilities necessary to the acquisi- tion, construction and operation of the Facility. It is expected that within the first three years of operation, the Facility will provide employment for approximately 40 more people than are employed by the Borrower at its present location. The acquisition of the Facility will promote the de- clared legislative purposes of the Act by (a) creating jobs and County Commissioners of Washington i` County August 23, 1983 - Page 3 _ thus relieving conditions of unemployment in the State of Maryland (the 'State") and in Washington County, (b) encouraging the in- crease of industry and commerce and the creation of a balanced economy in the State and in Washington County, (c) assisting in the retention of existing industry and commerce and in the attrac- tion of new industry and commerce in the State and in Washington County, (d) promoting economic development, and (e) generally pro- moting the health, welfare and safety of the residents of the State and Washington County. Financial considerations have been a factor leading to EI the Borrower's decision to acquire the Facility and its decision has been influenced materially by the availability of economic development revenue bond financing. H - n It is expressly understood and agreed that (a) the e� County will not incur any liability, direct or indirect, or any cost, direct or indirect, in connection with the issuance and sale of the Bonds, the making of the Loan or the rehabilitation, modernization and construction of the Facility, and (b) the Facility will be acquired so as to conform to the requirements of the Borrower. Accordingly, the Borrower will (a) select, super- vise and work with the suppliers and contractors and will provide, construct, and equip the Facility, and negotiate and approve all contracts, construction plans, drawings, specifications, and all financing arrangements in connection with the acquisition and construction of the Facility, and (b) pay all costs incurred by, or on behalf of, the County in connection with the issuance, sale, delivery and administration of the Bonds, the making of the Loan, 7 including the administration thereof, and in connection with the acquisition and construction of the Facility, including (without I� limitation) all costs incurred in connection with the development is of the appropriate legal documentle necessary to effectuate the I� proposed financing and acquisition, including (without limitation) the fees of bond counsel to the County and compensation to any other person (other than full time employees of the County) performing services by or on behalf of the County in connection with the transactions contemplated by this letter of intent whether or not the proposed financing and acquisition are consum- mated. rui. t, damp . Od and d tc by the Bcr owes 1 �_ 1L lb 1LLL I.i10i YIJtdVLsbV v5s wi�v wya v.. �. that the proposal contained herein is subject to (a) a public E� heeiring to be held by the County pursuant to at least fourteen (14) days notice in a newspaper of general circulation in Washing- IC it County Commissioners of Washington County August 23, 1983 Page 4 ton County, (b) the approval of, and appropriate action by, the Board of County Commissioners of Washington County which action includes, but is not limited to, passage by the County of a reso- lution implementing the financing of the Facility described herein (the "Authorizing Resolution"), and such final administrative resolution as may be provided for in the Authorizing Resolution, and (b) the approval of detailed provisions of all documents pertaining to the financing as yet to be developed. The accept- ance of this letter by the County shall constitute evidence of the present intent of the County to authorize the issuance, sale and delivery of the Bonds and to authorize the Loan for the purposes described herein subject to the conditions described herein; provided, however, that the Borrower recognizes that: 1. The County cannot make any guaranty, promise or assurance that the terms and conditions (including, but not limited to, the principal amount of the Bonds to be issued, the rate or rates of interest the Bonds are to bear, the times that the interest on the Bonds is to be paid, the redemption provisions for the Bonds, the time the Bonds are to be executed, issued and delivered and their form, tenor and denomination) of the Bonds as actually authorized to be issued, will be acceptable to the Bor- rower; and 2. The County can give no guaranty, promise or assur- ance as to the availability of ready, willing and able purchasers of the Bonds. The County's adoption of an Official Action Resolution in conjunction with, and its acceptance of, this letter of intent are intended solely to implement the financing of the Facility described herein by enabling the issuance and sale by the County of the Bonds. Neither the acceptance of this letter of intent nor the adoption of such Official Action or Authorizing Resolution will constitute any assurance by the County to any prospective purchaser& of the Bonds that (i) the Borrower will have the ability to repay the Loan, (ii) the Facility will be feasible economically or otherwise, (iii) the Facility will be completed, or (iv) the Facility will be in compliance with applicable County, State or Federal laws. The Borrower aarees to use its best efforts to complete the financing contemp:.ated hereunder and to acquire and construct the Facility. It is also understood and agreed that the County reserves the right to withdraw any authorization set forth in the County Commissioners of Washington County August 23, 1983 Page 5 Authorizing Resolution should the Facility prove to be in viola- tion of the County, State or Federal laws applicable to it unless appropriate steps are taken by the Borrower to alter the Facility or otherwise, to bring the proposed Facility into compliance with such laws. The Borrower agrees that it will provide all certifica- tions (including opinions of its counsel) required by bond counsel to the County in order to establish that interest on the Bonds will be exempt from Federal income taxation (including certi- fications enabling the County to certify that the Bonds are not arbitrage bonds). Neither the Bonds, nor any interest thereon, shall ever constitute an indebtedness or a charge against the general credit or taxing powers of the County, within the meaning of any consti- tutional or charter provisions or statutory limitation, and neither shall ever constitute or give rise to any pecuniary liability of the County. In the event that the financing transactions contem- plated by this letter of intent shall not have occurred within eighteen months from the date hereof, the County's authorization shall terminate unless otherwise provided by the County. Very truly yours, RYDER/P-I-E NATIONWIDE, INC. t!-, (Title) Accepted this 23rd day of August, 1983, pursuant to a Resolution passed by the County Commissioners of Washington County County Commissioners of Washington County August 23, 1983 Page 6 on August 23, 1983, by the President of the board of County Commissioners of Washington County. COUNTY CO!'2I I S S I ONERS OF WASHINGTON COUNTY Sy; ona ers, rest ent Board of County Commissioners of Washington County A ice.,..• � EXHIBIT B CERTIFICATION OF PUBLICATION Mo it lowf Morrkntlt1140 Ixu »L»le PACIUTY: The Ndl. Iii Will CSMIS �r. «Ie K IMl$S!ISiM M�M�ifewlul �. i1MrA0 YNrlr L CAT nmol% "Dvhe AA44MMrtrt . IMnrion/!I� ' INITl. •R 0$ •ACILITY: 7MtIr 1-E INAhr, 1NrurrlY*for ' rutLMlt�tec) POi! Yi f RACIiLI. `� MIlsrgMom �s • Ni Nn �1101l. MI- a.wl oIIImwso M :M MAW IMy ! MIM N ��GGl�wwNf�n N 11/110��IIM,N��f, �"„�Merrlpnf t1ML 17f1 aiN. �ouu wY ''Conv111LMyr» �Nry O'PIC!« THE HERALD -MAIL COMPANY •! it Ia r by amific . That the araatd advmSso4 wt An beai pub. �W,Isd 60 '"OU DJA�E.i AMM" • &My *ewtlatar pubJtrhed 1, washiCowlwtJ, THE HBRALD.k4IL CO. 0 1-/ 7M1 December 11, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was deflvered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full Assemblage. STATUS REPORT - SELF INSURANCE PROGRAM ATan�vls, Personnel nn strator, a appeared before the Commissioners to submit a status report on the Self -Insurance Program. He said that there was almost $300,000 in reserve, that the actual cost to the county had been $800,000 as opposed to a $1.1 million premium for full insurance by a private insurer, and that an estimated savings of $600,000 had been realized over the past 18 months. He also stated that the Retirement plan was financially sound, with no unfunded liability and assets of $6.3 million. The Commissioners commended Mr. Davis for a job well done. Ii APPROVE COUNTY TREASURER'S BOND HMotion made by Commissioner Roulette, seconded by Downey to approve of the Public Official Bond of Harry C. Snook, County Treasurer, to the State of Maryland in the amount of $200,000. Unanimously approved. AGREEMENT WITH FUNKSTOWN FOR CDBG FUNDS Motion made by Commissioner Roulette, seconded by Downey to approve of the Agreement with the Town of Funkatown for administration of its Community Develop- ment Block Grant in the amount of $500,000. Unanimously approved. APPROVE ISSUANCE OF UTILITY INSTALLATION PERMITS - MAUGANSVILLE Motion made by Commissioner Roulette, seconded y Downey to approve of the issuance of the following Utility Installation Permits in the Maugansville area: Melcar Construction - Permit #1542, City of Hagerstown - Permit #1543, City of Hagerstown - Permit #1544. Unanimously approved. ACCEPTANCE OF STREETS - POTOMAC MANOR Motion by Commissioner Downey, seconded by Roulette to concur with the recommendation of the Administrative Engineer and accept the Deed to the streets of Potomac Manor, Section D, and the Maintenance Bond submitted by the developer. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commas oner Roulette, seconded by Downey to convene in Executive Session at 9:35 a.m. in regard to personnel matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Snook to reconvene in Regular Session at 9:55 a.m. Unanimously approved. RECLASSIFICATION OF STATES ATTORNEY POSITIONS Mot on made by Commissioner Roulette, seconded by Downey, to reclassify the position of Deputy States Attorney to Grade 14 and to establish a new classifica- tion of Senior Assistant States Attorney at Grade 13 and promote Andrew Norman Lo too pcclticn, effective Jrnnnry 2. 1985. Unanimously approved. PROMOTIONS FOR COUNTY TREASURER PERSONNEL Motion made by CommTas-loner Downey, seconded by Roulette to approve of the following promotions in the County Treasurer's Office, to become effective December 24, 1984, and due to the resignation of Helen Lewis: Anne Marie Nave to Chief Deputy Treasurer, Sandra Baker to Deputy Treasurer I and Mary Tamer to Deputy Treasurer II. Unanimously approved. RECESS Tie Mee'cing was recessed at 10:00 a.m. for field inspections and was reconvened II -t 11:00 m PUBLIC HEARING •. LONDONTOWNE DEVELOPMENT III rho P i2leR convene a MeeZinng iiIT Hearing at 11:00 a.m. to permit any resident of Washington County to testify in regard to the issuance of Industrial Revenue Bonds in an amount not to exceed $6 million to be used for the purpose li of constructing an apartment complex to be known as Londontowne, Phase III. Daniel Sheedy, developer, explained that the proposed rental multifamily comple,: DECEMBER 11, 1984 MINUTES, CONTD. will contain approximately 200 units, of which 40 units will be reserved for low and moderate income households, located in approximately 5 buildings, on a contiguous site located near Abbey Lane and Landis Road, east of the City limits of Hagerstown and immediately east of Londontowne, Phase I and II, in Washington County. He said the concept plan had been reviewed with neighbors and that local banks had expressed the desire and willingness to participate in the program. Annette vanHilst, Director of Housing and Community Development, explained the income limits for the low and moderate income households. Dean Keagy, realtor, stated his opposition to the method of financing, as did Greg Eisenstadt and Robert Lyles, local developers. Steve Sagi stated no opposition to using IRB's for financing, but questioned the market for this type of project. Pat Paddack, realtor, stated that he felt that apartment complexes were the improper use of I. R.B.'s. There being no further comments for nor against said bond issue, the President announced that the Record would remain open for 10 days for additional comments to be submitted in writing. He closed the Hearing at 11:45 a.m. and reconvened the Meeting in Regular Session. At this time Commissioner John R. Salvatore arrived at the Meeting. PROCLAMATION -NATIONAL EYE HEALTH CARE MONTH Motion made by Commissioner Salvatore, seconded by Snook to Proclaim the Month of January 1985 as National Eye Health Care Month in Washington County, urging all citizens to become aware of the importance of eye health and seek direct help from medical eye doctors when eye conditions which may lead to blindness are experienced. Unanimously approved. RECESS The Meeting was recessed at 11:50 a.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at 1:15 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Snook to convene in Executive Session at 1:15 p.m. in regard to property matters, pursuant to the Authority con- tained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Salvatore to reconvene in Regular Session at 1:50 p.m. Unanimously approved. ADVERTISE FOR BIDS FOR T -HANGARS Motion made by Commissioner Roulette, seconded by Salvatore to accept the recommenda- tion of the Airport Commission and advertise for bids for the construction of T -hangars, as follows: Alternates I & II, site preparation only for 10 and 20 units; Alternates III & IV - construction of 10 and 20 units, including site preparation. Unanimously approved. PUBLIC HEARING •• AIRPORT LANDING FEE The President convenod the Meeting in Public Hearing at 2:00 p.m. to permit any resident of Washington County to testify in regard to the proposed establishment of a $75.00 landing fee at the Washington County Regional Airport for all aircraft having over (30) seats and requiring stand-by Crash/Fire/Rescue coverage. Leigh Sprowls, Airport Manager, explained that the fee would be imposed only on commercial aircraft. There baing no one preaPnt to speak for nor against said Landing Fee, the President announced that the Record would remain open for ten (10) days for coxmnents to be submitted in writing. He closed the Hearing at 2:10 p.m. and recon- vened the Meeting in Regular Session. RECONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Downey to reconvene in Executive Session at 2:10 p.m. in regard to property matters, pursuant to the authority con- tained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RLCONVENE IN RFYInx.AR SESSION Motion made by Commissioner Roulette, seconded by Snook to reconvene in Fteyulai Session at 2:30 p.m. Unanimously approved. Li I I e DECEMBER 11, 1984 MINUTES, CONT'D. F I r; I I PUBLIC HEARING - REGULATION OF JUNKYARDS, ETC. The President convened the Meeting in Public Hearing at 2:30 p.m. to permit any resident of Washington County to testify in regard to a proposed Ordinance to Provide for the Regulation of Junkyards, Public or Private Dumps, Automobile Graveyards, Automotive Dismantler and Recycler Facilities, or Scrap Metal Processing in Washington County. Sydney Metzner, President of Conservit, Inc., stated his opposition to scrap metal processors being included in the Ordinance. He said that scrap processing is considered a manufacturing operation and no other man- ufacturing industry in the county would be affected by the regulations. There being no one else present to speak for nor against said Ordinance, the President announced that the Record would remain open for ten (10) days for additional com- ments to be submitted in writing. He closed the Hearing at 2:30 p.m. and convened the Meeting in Regular Session. ADJOURNMENT Motion made by Commissioner Salvatore, seconded by Snook to adjourn at 2:30 p.m. Unanimously approved. d Co y At orney '_r Clerk December 18, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioner R. Lee Downey. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers followed by the Pledge of Allegiance to the Flag by the full Assemblage. EASTERN BOULEVARD OPTION AGREEMENTS Motion made by Commissioner Downey, seconded by Roulette to concur with the recom- mendation of the Administrative Engineer and approve of the following option agreements for the Eastern Boulevard project: Anthony Amoddio - convey in per- petual easement 1,708 square feet for the sum of $1,500; Marie Marconi - convey in fee simple 1,264 square feet for the sum of $3,000 which includes the cost of. $1,200 for fencing. Unanimously approved. RE/APPOINTMENTS TO AWARDS COMMITTEEE Motion made by Commissioner Roulette, seconded by Downey to reappoint Aaron Steiner and appoint George Wymer, as a replacement for Robert O'Connor, to serve as members of the County Awards Committee. Unanimously approved. CONFIRMATION OF COFFMAN HOME BOARD APPOINTMENT otion made by Cnmmi ssIoner Rnri let tA, ar,^n nAnri hV nowney to confirm the appointment of Howard Kaylor as a member of the Board of Trustees of the Coffman Home for the Aging for a three (3) year term, to fill the vacancy created by the expiration of the term of Judge Irvin Rutledge. Unanimously approved. MINUTES OF COUNTY COMMISSIONERS MEETING FOR NOVEMBER 20, 27 AND DECEMBER 4, 1984 Motion made by Commi.iToner Downey, seconded by Roulette to approve of the Minutes of the County Commissioners' Meetings for November. 7 and 27 and December 4, 1984, as submitted. Unanimously approved. LINE ITEM TRANSFER - TOURISM - 1-70 BUDGET Motfor MAAn by (`nmmironioner Roulette, seconded by Downey to approve of the transfer of $2200 in the lour.ism 1-70 Budget from part-time salaries (38-407.000) to Capital Outlay (38-487-000) for the purchase of a video player and monitor. Unanimously approved. At this time Commissioner John R. Salvatore arrived at the Meeting. DECEMBER 18, 1984 MINUTES, CONT'D. JUDGES OF THE ORPHANS COURT PLAQUE II Mary Baker, Chief Judge of the Orphans Court, along with Judges Ed Shank and Bill Giffin, appeared before the Commissioners to request permission to display a plaque inscribed with the names and dates of Orphans Court Judges in the Court House Hall and to request funds to defray the cost of the plaque. MOTION made by Commissioner Downey, seconded by Roulette to grant permission to dis- play the Orphans Court Judges plaque in an appropriate place and allocate up to $300.00 for this expenditure. Unanimously approved. In response to the Judgesrequests to reinstate an expense allowance for their office and to be compensated for Holidays, the Commissioners agreed to give these matters consideration. REQUEST TO PURCHASE INDUSTRIAL PARK PROPERTY John Merrbaugh, local contractor, appeared before the Commissioners with an offer to purchase approximately 10 acres of land in the Washington County Industrial Park for the sum of $6,000 an acre as a site for his truck repair business. He also said he would like to acquire the improvements on the property in exchange for extra work required on the old jail demolition project. The Commissioners took the offer under advisement at this time. REZONING CASES 298 - 301 After due consideration of the matters and facts adduced at the Public Hearing held on November 19, 1984, the correspondence received in the ten-day period following the public hearing, the recommendations from the Planning Commission and review of the hearing transcript, the following decisions were rendered on Rezoning Cases 298 - 301: RS -298 Notion made by Commissioner Salvatore, seconded by Roulette to DENY the request of Harkins Associates, Inc., Wilmer E. Oswald, property owner, for the reclassification of land located along the southeast of MD Route 64, along the southeast side of Old Wolfesville Road and along the northwest side of Center Lane in Election Dis- trict 7, Washington County, consisting of 3.81 acres from Rural Residential (RR) to Residential Multi -family (RM), based on there being no mistake in the original zoning nor a change in the character of the neighborhood. Unanimously approved. RZ-299 Motion made by Commissioner Downey, seconded by Roulette to APPROVE the request of CSX Resources, Inc., CSX Minerals, Inc., property owner, for the reclassification of land located on the north side of Railway Land and South side of proposed Massey Boulevard Extension consisting of 105.17 acres from Industrial General (IG) to Business General (BG) based on a change in the character of the neighborhood and a mistake in the original zoning, and to adopt the findings of fact of the Planning Commission in this Case as the findings of fact of this Board. Unanimously approved. RZ-300 Motion made by Commissioner Roulette, seconded by Downey to table consideration of this Case until next week's meeting. Unanimously approved. RZ-301 Motion made by Commissioner Roulette, seconded by Salvatore to APPROVE the request of. the Planning Conunissiun iii a Text Amendment for Scct.io^.E 11.1 and 29-93 of rhp Zoning Ordinance that will permit miniwarehouses in the BL Zoning District, and to adopt the findings of fact of the Planning Commission in this Case as the findings of fact of this Board. Unanimously approved. OFFER TO ASSIST WITH WARMING TRACK by Commissioner Salvatore, seconded by Roulette to assist the Williams- Motion made port High School Athletic Boosters with the construction of a warming track by offering to perform the labor with Roads Department personnel, subject to the concurrence of the Board of Education. Unanimously approved. JLl.5IC^7 CC ^. BO :.^. o"U: SEL FOR 11OND If9UF I� Motion made by`Commissioner Downey, seconded by Roulette to concur with the recom- H mendation of the County Admin.istrato.r, and Director of Finance and select the firm Piper Marbury, who submitted a proposed fee of not to exceed $10,750, as bond of counsel for the forthcoming county bond isnnP- Unanimously approved. DECEMBER 18, 1984 MINUTES, CONT'D. I I r I I REQUEST FEASIBILITY STUDY FROM LONDONTOWNE DEVELOPER Motion made by Commissioner Roulette, seconded by Downey to request the developer of the proposed Londontowne Apartments, Phase III, to conduct a full feasibility study to determine how this project relates to the needs of the community, both economically and occupancy demand, prior to giving further consideration to the request for financing with industrial revenue bonds. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Roulette to convene in Executive Session at 11:15 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7)of the Annotated Code of Maryland. Unanimously approved. E IN REGULAR SESSION AND ADJOURN ade by ommissioner Salvatore, seconded by Roulette to reconvene in Regular at 12W p.m. and adjourn. Unanimously approved. December 27, 1984 Hagerstown, Maryland 21740 A Special Meeting of the Board of County Commissioners of Washington County was called to order at 12:00 Noon by the President Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Downey, followed by the Pledge of Allegiance to the Flag by the full Assemblage. RESOLUTION OF COMMENDATION - MARYLAND THEATRE'S 70th YEAR ANNIVERSARY Motion made by Commissioner Roulette, seconded by Salvatore to present a resolution of commendation to Douglas Wright, Jr., representing the Maryland Theatre Associa- tion for working to sustain this historic, cultural jewel and join with all citizen in celebrating the theatre's 70th anniversary. The proclamation was read by Commissioner Bowers. REQUEST FOR GRANT - MARYLAND THEATRE MWright q t then informed the Commissioners that the Maryland Theatre is in need of a new $57,000 air conditioning system and requested that the Commissioners consider providing a $22,000 grant to assist in the installation of this system. This would be a one-time application required for the Theatre to request a matching fund grant from the State of Maryland in the amount of $100,000 for capital improvements to the Theatre. MOTION made by Commissioner Roulette, seconded by Salvatore to grant up to $22,000 to the Maryland Theatre to be paid upon invoicing for the installation costs of the new air conditioner to be taken from the audited Fund Dalall[:e. Vllallil'Iously ap.�..ro ed• LONDONTOWNE DEVELOPMENT - SECTION III Daniel Sheedy, local, developer, appeared before the Commissioners to present the additional information which the Commissioners requested at the December 11, 1984 public hearing retarding the feasibility study for the Section III phase of his Londontowne development. Annette vanHilst, Director of Housing & Com.nunity Development, also appeared before the Commissioners to suggest that they require a marketing/feasibility analysis, to be performed by an independent firm approved by the Commissioners, before grant- ing ._aylzrgunt for $5 ndlllon dollar TPA fin,S thAt A restitution be adopted regarding this. After lengthy discussion, a MOTION was made by Commissioner Downey, seconded by Roulette to adopt the attached resolution, and to require a marketing and feasibili analysis by an independent firm to be approved by the Commissioners and which will be paid for by the developer prior to consideration of a final approving resolution for this project, with the understanding that the Commissioners' approval of the final resolution will be contingent on the feasibility study substantiating the need for this project. Motion carried with Commissioners Roulette, Downey, Snook, and Bowers voting "AYE" and commissioner Salvatore voting "NO." DECEMBER 27, 1984 MINUTES, CONT'D. CONFIRMATION OF APPOINTMENTS TO COMMISSION ON AGING Motion made by Commissioner Roulette, seconded by Salvatore to confirm the appoint- ments of Leila Flora, Daniel Boon and Edith Karsay (elected members) and David Rutherford and Thelma Coffman (appointed members) to the Washington County Commission on Aging for terms of three years. Unanimously approved. APPOINTMENT TO HOUSING AUTHORITY Motion made by Commissioner Downey, seconded by Salvatore to appoint David Miller to fill the vacancy created by the resignation of Grace Britner from the Washington County Housing Authority for a term of office extending to August 8, 1987. Unani- mously approved. JUNKYARD ORDINANCE After due consideration of the matters and facts adduced at the Public Hearing held on December 11, 1984, and the correspondence received ir. the ten-day period following the hearing, the following action was taken. Motion made by Commissioner Snook to exempt scrap processors from the provisions of the ordinance. Motion died for lack of a second. Motion made by Commissioner Roulette, seconded by Salvatore to adopt the attached Junkyard Ordinance, as amended this date, effective January 1, 1985. Unanimously approved. AIRPORT LANDING FEE ORDINANCE Ater due consideration of the mutters and facts adduced at the Public Hearing held on December 11, 1984, a MOTION was made by Commissioner Downey, seconded by Roulette to approve of the establishment of an Airport Landing Fee Ordinance (attached) to become effective February 1, 1985, requiring a $75 landing fee for aircraft seating 30 or more. Unanimously approved. REZONING CASE RZ-300 letter was received from Mr. Robert Fritz requesting that his application for x'esoning, Case RZ-300, be withdrawn. ZONING ORDINANCE - TEXT AMENDMENT e omm ss oners agreed to sponsor a text amendment to provide as a principally permitted use in a Conservation District, beauty shops and barber shops, either alone or in a residence. MARTINS CROSSROAD WATER SYSTEM Mot on made by Commissioner Downey, seconded by Salvatore to approve a grant of 10% of the total cost of the Martins Crossrords Water Project to assist the residents of the area in paying the local share of the project cost, in the form of revenue sharing funds or a capital improvements bond issue or a combination of the two. Unanimously approved. ACCEPTANCE OF ROAD Motion maoeSy Commissioner Salvatore, seconded by Snook to accept 210 feet of the extension of Reynolds Road in the Tammany Manor, Section 5-A, into the County Roads system. Unanimously approved. CLARIFICATION OF PERSONAL DAY POLICY Mtion n maJeEy Commissioner Snook, seconded by Downey to clarify the Personal Day policy as it applies to new employees, that those hired within the calendar year receive one personai nay if they wuik three to -ix months eithin rh»t nalendar year and receive both personal days if they work six months or more. Unanimously approved. EXPENSES FOR JUDGES OF THE ORPHANS' COURT motion by CommissIoner Salvatore, seconded by Snook to extend to the Judges of naUe the Orphans' Court the same benefits other County employees and elected officials receive for out -of -County travel expenses (meals, travel and associated expenses) for official County business, to be funded from the Commissioners' Contingency for the remainder of the fiscal year. Unanimously approved. _ - PORT L ITTTF i.^A(:11F. LOAN OF FIi,Y: l;H d.IC L'L iii - Mutton mn a y Comm ss oner Roulett-. seconded by Salvatore to give the Williamsport �I Little League a file cabinet which is not being used by the County on an �{ indefinite loan basis. Unanimously approved. !!I II III DECEMBER 27, 1484 .• - �----- MINUTES, CONT'D. 1985 M. RECEIVED FOR RECORD January 7th , at 9.11 o'clock A Acts, Ordinances and Resolutions for WaeFiingtan County Liber No. k J U FOR �IATI ON OF r OR PRIVATE CUM, ADlNDEILE CRAYElAZDS, ADT1WTIVZ DISIMRTLER AND R1mC!'CLER FACILITIES. OR SCRAP METAL PIOCESSIRO FACILITIES IN WASHIAC OM COD/TT, IlAZYLA ID WHEREAS, The General Assembly has enacted Article 25, Section 122A of the Annotated Code of Maryland, effective 1961, that the County Commissioners of July 1. which provides each County in the State of Maryland may adopt rules and regulations for the licensing, control, location and maintenance of junkyards, public or private dumps, automobile graveyards, automotive dismantler and recycler facilities, or scrap metal processing facilities within their Counties; and WHEREAS, The Board of County Commissioners of Washington County desires to exercise this authority in order to provide for the regulation of junkyards, public or private dumps, automobile graveyards, automotive dismantler and racycler V I0 K. POOLE. Ja. .TTernlry .T uw I farilirip�a. nr scrap metal processing facilities in Washington - r r.rw•wiKanKn {`` County, Maryland; and KrrryKO ➢IrH 1 II WHEREAS, In Washington County damaged, worn out, scrapped, or discarded materials or objects such as, inter alia, automobiles, building materials, machinery, metal, wastepaper, rags, glasssware, and tinware are, or in the future may be stored in a dangerous or unsanitary manner in yards or other places within the County; and WHEREAS, The places in which damaged, worn out, scrapped, or discarded materials or objects are stored, or in the future may be stored, tend to become overgrown with weeds; littered with rubbish and debris; and infested with rats, mice, insects, reptles, and other vermin; and WHEREAS, Such conditions tend to attract children and endanger their lives and health; spread disease; invite plundering; attract vagrants; create fire hazards and other safety and health hazards; create, extend, and aggravate urban blight; interfere with the enjoyment of and reduce the value of private property; and interfere with the comfort and well-being of the public; and WHEREAS, Thieves and receivers of stolen property frequently attempt to dispose of stolen property by representing it to be legitimately acquired junk; and OAVIP 11 MOL11, JR AttO11N [Y AT LAW NAOIROTOWN TIIU CT CLOG /I WCCT WAUNINOTON /T iAOIRITOWN. MARYLAND WHEREAS, Adequate protection of the public health, safety, and welfare requires that the business of handling and dealing in junk be regulated and controlled; -2- 9 NOW, THEREFORE, BE IT ENACTED By the Board of County Commissioners of Washington County, Maryland, that an Ordinance be and is hereby enacted to read as follows; 1. Definitions. Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this Ordinance: A. "Junkyard" shall mean an establishment or place of business that is maintained, operated, or used: (1) For storing, keeping, buying,, or selling junk; (2) For an automobile graveyard; or (3) As a garbage dump or, sanitary) fill. 0AVl) K POOL[, J11 ATTOANOY AT LAW NASOMTOWN TRYST OLDS OI Will WAGWNATIN OT II NAa/MTOWNO MARYLAND OIT"O B. "Dump" shall mean a lot of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind. C. "Automobile graveyard" shall mean an establishment or place of business that is maintained, operated, or used for storing wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. D. "Automotive dismantler and recycler facility" shall mean an establishment or place of business that -3- 10 is maintained, operated, or used for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. All requirements in any statute, rule, or regulation applicable to automobile graveyards also apply to automobile dismantler and recycler facilities. E. "Scrap metal processing facility" shall mean an establishment: (1) That has facilities for processing iron, steel, or nonferrous scrap metal; and (2) The principal product of which is scrap iron, scrap steel, or nonferrous metal scrap for sale only for resmelting purposes. F. "Business premises" or "premises" shall mean the area of a junkyard, public or private dumps, automobile graveyards, automotive dismantler and recycler facilities, or scrap metal processing facilities as described in an application for a license, as provided for in this Ordinance. G. "Director" shall mean the Director of thei Washington County Department of Permits and Inspections or his authorized representative. H. "Junk" shall mean old iron, steel, brass, DAVID K. ►OOL[, J. ATTOKNRV AT LAW NAIOAOTOWN 1'AUIT 9"S. Of WOOT WAONIMOTON IT. IF NAOOMTOWN, MAIIVIJGND 01740 copper, tin, lead, or other base metals; old cordage, ropes, rags, fibers, or fabrics; old rubber; old bottles or other glass; bones; wastepaper and other waste or discarded material which might be prepared to be used again in some form; and any -4- and all of the foregoing; and motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts; but "junk" shall not include materials or objects accumulated by a person as by-products, waste, or scraps from the operation of his or her own business or materials or objects held and used by a manufacturer as an integral part o€ his or her own manufacturing processes. I. "Person" shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. 2. License Required. It shall be unlawful for any person to operate a junkyard, public or private dump, automobile graveyard, automotive dismantler and recycler facilitity, or scrap metal processing facilitity in Washington County, whether personally, by agents or employees, singly, or along with some other business or enterprise, without first having obtained a license therefor from the Director in accordance with the provisions o€ this Ordinance. A person who operates more than one junkyard, public or private dump, automobile graveyard, automotive dismantler and recycler facility, or scrap metal processing facility within the County shall be required to have DAVID K. POOLL. JR ATTORNIY At LAW MAORASTOWN TRUST YLDS. Al WART WAANIMDTON at. MAOIROTOWN, MARYLAND nITAO in effect a separate license for each yard. 3. License -- Application --Contents. Application for such license shall be in the form prescribed by the Board of County Commissioners and shall be filed with the Director of -5- Permits and Inspections. The application shall set forth the name and address of the applicant; the exact location of the existing establishment, or of the proposed establishment, as the case may be; the exact nature of the business conducted, or to be conducted, as the case may be; whether the business is conducted, and if not yet established shall be conducted, inside) of a building or outside of a building, or partly within and partly without a building; the dimensions and character of the building. The application shall also include a site plan drawn to a scale appropriate for the area of the land to be screened. The site plan shall include the proposed method for screening the property including the type of material, the height of the screening, and such other information necessary for the reviewing agencies to evaluate the application in light of the requirements of this Ordinance. The application and site plan shall be forwarded from the Department of Permits and Inspections to the Planning Commission for review and approval. The Planning Commission shall review the fencing scheme and the landscaping plans to determine that the proposed methods are aesthetically appropriate and will satisfy the intent of this Ordinance. The approval or disapproval shall be granted within forty five (45) days from the date the application is DAVID K. PQOLE, JR. ATTOIMIQY AT LAW submitted. MAU{MSTOWN T71U$T SLDO. •IWp7WAAMINd70MST. II T-. J J 'A&A D for 4. LLCCIIse -- lUVCif41�d41vua a��c a•aica.a.va maj NAGU $TOWN. MARYLAND investigate to determine whether any junkyard, public or private II -6- 13 dump, automobile graveyard, automotive dismantler and recycler facility, or scrap metal processing facility will be in compliance with all requirements of this Ordinance and all other County ordinances and regulations. 5. License Fee. The Director shall collect One Hundred ($1O0.00) Dollars with each license application, to help defray the cost of investigation and enforcement of this Ordinance, which sum shall be nonrefundable. 6. License -- Expiration. All licenses granted hereunder shall expire on the 30th day of June following the date of issuance. 7. License Not Transferable. No license issued under this Ordinance shall be transferred or assigned or used by any person other than the one to whom it was issued, and no license shall be used at any location other than the one described in the application upon which it was issued. 8. General Operating Requirements. The following general operating requirements shall apply to all persons licensed in accordance with the provisions of this Ordinance; A. The license issued pursuant to this Ordinance shall be plainly displayed on the business premises. R. The junkyard, public or private dump, DAVID K. POOLE, J. ATTORPIIIY AT LAW automobile graveyard, automotive dismantler and recycler KA.*RnOWM TRUST .Lo.. 41ws.T WA.HIMOTOM.T. II facility, or scrap metal processing facility, together with HAGER.TOWN, MARYLAND .IT" -7- 14 things kept therein, shall at all times be maintained in a sanitary condition. C. No space not covered by the licensee shall be used in the licensed business. D. No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitoes. E. No garbage or other waste liable to give off a foul odor or attract vermin shall be kept on the premises; nor shall any refuse of any kind be kept on the premises, unless such refuse is junk as defined herein and is in use in the licensed business. F. No junk shall be allowed to become scattered or blown off the business premises. G. Junk shall be arranged so as to permit easy access to all such junk for firefighting purposes. H. No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises; nor shall the premises be allowed to become a fire hazard. DAVID K. MOLL, JR. ATTO11MIV AT LAW MAO{MOTOWM YRYOT MLDO. 01 WRIT WAOMIMOT011 OT. II MAOINSTOWM, MARYLAND $1740 I. Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises. J. No junk or other material shall be burned on the premises in any incinerator not meeting the requirements of any applicable statute or regulation; and no junk or other -8- •Is material shall be burned on the premises in the open except in accordance with applicable ordinances or statutes. K. The licensee shall permit inspection of the business premises by the Director or his authorized representative at any reasonable time. L. No junkyards, public or private dumps, DAVID K. POOL!, JR. ATYORNIY AT LAW M...R.- I...I .V w. .i WEST WALMINGTGN /T. NAGIR/TOWN. MARYLAND Rol/O automobile graveyards, automotive dismantler and recycler facilities, or scrap metal processing facilities shall be operated or maintained unless the land upon which the junkyards, public or private dumps, automobile graveyards, automotive dismantler and recycler facilities, or scrap metal processing facilities is situated shall be shielded from the view of any person travelling upon a public road or highway by fencing or screening said junkyard, public or private dump, automobile graveyard, automotive dismantler and recycler facilities, or ucrap metal prcessing facilities with a continuous fencing of metal, board, masonry, corrugated sheet metal wall, or a chain link fence with metal strips through all links, or other means of screening satisfactory to the Planning Commission. The fencing or screening shall be a minimum of six (6) feet above road level and shall be maintained in a sightly condition, and in good repair, free of posted handbills or advertising other than the name and character of the business of the owner, thereof. Pines or other trees approved by the Planning Commission shall be planted ten (10) feet apart in front or 16 DAVID K. POOLE, .I. ATTORNIY AT LAW 01 WEST WA•HINGTON IT, NAGERSTOWN. MARYLAND 11740 back of fencing if existing right of ways prohibit the planting of trees in front of fencing. All existing junkyards, public or private dumps, automobile graveyards, automotive dismantler and recycler facilities, or scrap metal processing facilities shall be given six (6) months from the date of approval of this Ordinance in which to apply for the license required by Section 2 of this Ordinance and shall be given six (6) months thereafter in which to comply with the provisions of this Ordinance. M. No junkyard, public or private dump, automobile graveyard, automotive dismantler and recycler facility, or scrap metal processing facility shall be allowed to become a nuisance; nor shall any junkyard, public or private dump, automobile graveyard, automotive dismantler and recycler facility, or scrap metal processing facility be operated in such manner as to become injurious to the health, safety, or welfare of the County or of any residents in the area. 9. Violations and Penalties. Any person violating any provision of this Ordinance upon conviction thereof shall be guilty of a misdemeanor and subject to a fine of not less than Twenty Five ($25.00) Dollars nor more than Five Hundred ($500.00) Dollars. Each day on which violation continues is a separate offense. In addition to the penalties prescribed by this section the Director shall have the authority to revoke or suspend the license of any junkyard, public or private dump, -10- 17 automobile graveyard, automotive dismantler and recycler facility, or scrap metal processing facility dealer violating any provisions of this Ordinance. 10. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. 11. That this Ordinance shall take effect on the day o 19�, DAVID K. POOLE, J. ATTORNEY AT LAW HAOIROTOWN TRUST OLDS, OI WEST WASHINOTON OT. NAOOROTOWN. MARYLAND 117.0 ATTEST AS' TQ SIGNATURE AND' CORPORAT%?,$EAL : : •.. •h,yp ,. Snort, cler IL BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND BY: on . o s, res ent ►� Q h ee wney -11- jr R. Sa vatore L3•?4'. a ...Q art n noo APPROVED AS TO FORM: v oo r. County Attorn y APPROVED THIS 7 DAY OF . Dl�r OAV;O V. PQOL[, J. ATTORNIY AT LAW NAOKNOTOWN TNUAT •LOO. OI W11T WAONINOTON ST. II _ NAO11$TOWN. MARYLAND 11740 Wd f ODIWCD DAVID K. PoaLc,JR. ATTORNEY AT LAW NA9[11PTAWN TAU■T au,.GI MY •1 WLSY WASI HSVOM AT11[t1 HANKASTOwN. MARYtANO 111740 II STATE OFH`RYLAND WASHini;TON COUNTY RECEIVED FOR RECORD I ER FQ1101 VA!JGIAJ.P.S�:ER,CLERK "I_cf` DECEMBER 27, 1984 MINUTES, CONT'D. LI C I e THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND RE LOTION WHEREAS, Washington Land Co., a Limited Partnership ("Developer") is developing a multifamily residential project in Washington County, Maryland to be known as Londontowne Phase III Apartments (the "Project"), which will be owned by a limited partnership or other entity to be created by the Developer ("Owner") and which will consist of not more than 200 units to be built in stages over a period of three (3) years of which at least 20% of the units (not more than 40) shall be occupied by individuals or families of low or moderate income within the meaning of Section 103(b)(4)(A) of the Internal Revenue Code and the Regulations issued therunder; and WHEREAS, the Developer has requested that the Board of County Commissioners of Washington County ("Board") indicate its intent to issue, or cause to be issued, tax exempt revenue bonds in an aggregate principal sum of not more than Six Million Dollars ($6,000,000) in order to provide financing for the Project; and WHEREAS, construction of the Project will serve a public purpose and will promote the health, welfare and safety of the citizens of Washington County in that it will provide employment for such citizens and will provide housing for persons of low and moderate income in the County; and WHEREAS, the Board held a public hearing on December 11, 1984. pursuant to reasonable public notice, pursuant to Section 103(k)(2)(B) of the Internal Revenue Code as amended by the Tax Equity and Fiscal Responsibility Act of 1982 ("TEFRA") at which members of the public were given the opportunity to comment on the Project and the proposed financing thereof. NOW, THEREFORE, BE IT RESOLVED: 1. Subject to the terms and conditions set forth below, the County shall issue, or cause to be issued, tax exempt revenue bonds ("Bonds") in an aggregate principal sum of not more than Six Million Dollars ($6,000,000) and having such terms and conditions as shall be approved by the Board. As used herein, the term "Bonds" shall also include a note directly secured by a mortgage on the Project. 2. The Bonds shall not constitute an obligation or indebtedness of the Board, Washington County, any agency or instrumentality of Washington County, the State of Maryland or any agency or instrumentality or political subdivision thereof. A statement to this effect shall be printed on the face of all of the Bonds and in the official statement, if any, pursuant to which the Bonds are issued. 3. All documents pertaining to the issuance of the Bonds are subject to the approval of the County Attorney and to final approval by the Board. 4. Prior to issuance of any "Bonds" the "Board" shall ascertain and/or receive the following: (a) a market and feasibility analysis prepared by an independent consultant approved by the "Board", paid for by the 'Developer", (b) prof that the "Project" has received final approval of its site plan by the Washington County Planning Coirmission and (c) the "Board" shall review the documentation presented and shall ascertain that the project shall enhance the economic viability of Washington County. 5. The Bonds may be issued directly by Washington County or by any agency or instrumentality thereof. Adoptcd at a duly called meeting of the Board of County Commissioners of Washington County on the ' >> A day of h. + ' iu 19 WITNESS as to signature BOARD OF COUNTY COMMISSIONERS ATTEST as to scal OF WASHINGTON COUNTY -- By: DECEMBER 27, 1984 MIN'JTES, CONT'D. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Salvatore to convene in Executive Session at 2:30 p.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. At this time Commissioner John Salvatore was excused from the Meeting. I f; U RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Snook to reconvene in Regular Session at 3:05 p.m. Unanimously approved. EMPLOY TAX CLERIC Motion made by Commissioner Snook, seconded by Downey to employ Lillian Bloyer in the position of Tax Clerk, Grade 4, Step A, effective December 27, 1984 to fill an existing vacancy. Unanimously approved. LEASE FOR I-81 INFORMATION CENTER After review by the County Attorney, the lease for the I-81 Information Center was found to be in order. MOTION made by Commissioner Snook, seconded by Roulette to accept the $1.00 per year sublease for the 1-81 Information Center. Unanimously approved. ADJOURNMENT Motion made by Commissioner Snook, seconded by Roulette to adjourn at 3:10 p.m. U imously approved. C y Ator Clerk i