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HomeMy WebLinkAbout1984 Meeting Minutes DECEMBER 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 investmen income falling below what had been budgeted because of the sharp decline in interest rates, and income taxes down $120,000 from the amourt estimated; an "insignificant" overexpenditure of $57,000; 25.7 million or 65% of the total general fund spent cn 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 Dowrey to approve of the final draft of the Hagerstown/Washington County Recreation Council By-Laws, with the exclusions agreed upon this date, and to submit the document to City of Hagerstown J 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 =1, 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 Clerk 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. ANU PLEDGE OF ALLEGIANCE 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 Mot nn mad¢ 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 I.i.cense, on the basis of a hardship. Unanimously approved. ii JANUARY 3, 1984 MINUTES, CONT'D ADDITION TO CONTRIBUTION LIST - CICHA J After due consi rat ono all the matters and facts adduced at the Public Hearing I 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 research and study that the On-Site Sewage Disposal Ordinance was adopted, stating that the 1. & 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 ireviewed by appropriate officials prior to a decision being rendered. (Decision rendered during Afternoon Session, this date.) STATEMENT RE DISPOSITION OF'_FORMER 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 recorn- 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 Delegation to the General Assembly. AFTERNOON SESSION The Afternoon Session wa;v convened at. 2:30 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. II 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 Hon 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 1l(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 '`r Motion made by Commissioner Roulette, seconded by Downey to adjourn at 5:40 p.m. Unanimous y approved ' U/t County A orney =GtG f' f�, Clerk January 10, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 900 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 Reverend Robert L. Dell, Grace Brethren Church, followed by the Pledge of Allegiance to the rfag Dy the Lull AaaC, iiaga. SUPPORT HOUSE BILL 177 - noCORD2TlON ±EQU1KZMt;NTS goon mane y Comm sss ones Downey, seconded by Roulette to go on Record in support 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. 4Vagaman, Jr. , Attorney for the County Treasurer's Office, appeared before the Commissioners to discuss with -r--a-: --.'v -. .•1zi r t'e n*A h'"Pa 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 them in writing by next Tuesday. MINUTES OF MEETING FOR NOVEMBER 1983 Mot on madevby 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 SUPERVISED SHELTERED PROGRAM FOR FRAIL ELDERLY Motion made by Commissioner Roulette, seconded by Downey to provide local funding to 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 exceed $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-offici 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 approval for 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 fo 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 - FY 83/84 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. ® I 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-tim bus attendance position for the County Commuter System. Jnanimously approved. RECESS The"Meting was recessed at 11:45 a.m. for lunch with the Board of Directors of the Coltman Home tor the nyi:7. 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. II JANUARY 10, 1984 MINUTES, CONT'D DITTO FARMS GOLF COURSE ROUTING Ito ert aria 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 be 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 bySnook 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 Roulette, seconded by Downey to convene in Executive Session at 3:04 p.m. in regard to personnel matters and potential litigation, pursuan 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 • 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 o Pert Elder, Consultant, made a presentat onof 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 generaTdiscu.ssion-Fy tTia elect-e- a TTcials 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 praocnt at the Meeting and Joan 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 Motion m by Commissioner Roulette, seconded by Downey to adjourn at 4:45 p.m. Uninimrn,w1 approved. II Coun y ttor I � / Clerk AVALON HOME, INC. , RESOLUTION S LETTER OF' INTENT DECEMBER 27, 1983, MINUTES, CONT'D II Received L':,r ttecord uec. Z9, 1983 at 9:00 t%. .1. FORM III Acts, Ordinances and «esoLutions for ;asliin ton county Li„er 3 ,'Office of the Clerk :.f Lircutt. ourt I or '..ashinLton county. FJ95 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 $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 II 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; I! 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 SHALL BE LIMITED OBLIGATIONS OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, REPAYABLE SOLELY FROM THE RFVENEES DERIVED FROM LOAN REPAYMENTS TTH PRINCIPAL AND INTEREST r MADE AVAILABLE FOR SUCH PURPOSE, AND THAT NEITHER SUCH REVENUE BONDS NOR NT THE IEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF COUNTY COMMIS- J STONERS OF WASHINGTON COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND THAT NEITHER SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF COUNTY COMMIS- 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- DLT ES IN CONNRCTTON WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT FOR SUCH I Il I 896 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 th' 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. 8, Harsh 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- ����ar..rs Is•e 897 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 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 $7,600,000 (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- flcati_n and rn navmantR 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- 898 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 _ e and sale o£ the Bonds by the County pursuant to the Act Vin 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 mss ' Act and the Bond transactions are fully accomplished. Because At 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 of tha Bonds (the "written Order") (such 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 the Borrower of the Facility 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 -he terms nd provisions of the T.nan Avree- Borrawr.i pursuant tG .. .. .... �..-•-____-- 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 -II- 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 c£ 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 txec,•t_a in the namee of the (.aimry 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- rrnwwe 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 a; 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 or a srrnw 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 O^ TAXINC POWERS OF THF. roUNTY 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 i . 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 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 -.9- 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 li 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 1O. 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. Pq�PEP AND ADOPTED this 27th day of December, 1983. ATTEST: ' COUNTY COMMISSIONERS OF WASHINGTON COUNTY By athryp .F \S1roart Ronald L. ers, President Clerk Board of County Commissioners of Washington County -10- • 905 EXHIBIT A LETTER OF INTENT 946 .......... 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 "T.,oan") 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 Facility may be exchanged with the seller of suchproperty for title to such property as contemplated in Section V266F(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 I' 'Illi 907 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 4tYU1 L1 Vllf2! Lrlin ____ .._---_--__ _ _ __ _ _ —_ ___ _ - 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- in /withnilt limitatinnl all nnata inri,rrnrl in _" ection a.rith the -v 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 909 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 tulle by Lhe l.uuiiLy of Lim Buncis. NeiLic.L UiC H\:I:SSll.tflli.. 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 • 91O • 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, 7.T r w r nnr YJnattc I lan Dominick Perm Presi ent 911 County Commissioners of Washington County December 27, 1983 Page 6 Accepted this 27th day of December, 1983, pursuant to Resolution .. 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: Qp� 1 er Rona d L. ers, Press ent Board of County Commissioners of Washington County • 912 • EXHIBIT B CERTIFICATION OF PUBLICATION I ' HORNING,HERALD. Hagerstown, MD. December 9, 1983 913 ►UlI MARINO mM)pbM►tapYNwn1MY5RYO lk will M MM M ORtanr _ 'U ] «f~IIMslkis Irna.brh = K ffM�iMWIM fI1Rj1��)1ow l" � �trNl lr Yllf atKws IM d Oa015 w W fM 4?M01 ILITY: TM j W/NrrnwaW1*Yt MreK,14Ms1 W InR =�w warm Ims Iy&. I Mai NN+MN f�Kwnw d L1r.:S=vi MwaiaMlM�a ' MtiwIIMlMIn INI . fACILITv; A Mmew kwKMrrlwwl �D_ Off ILITY: 001 5*5,5 rKr MAp b M�u1ly1��rrii�l,Mbw.Naw I•Irgl, rr n/Ctw* 11 iArw COMMISIIONI II{ WAfittNOTON COUNTY KelWrw R./1rrf,CItrY 0 e1 �pyp cc) 1r%. C= _ _ ___ 9 I. --. y 4i C) x c ' ,a January 17, 1984 Hagerstown, Maryland 21740 H 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 Eckel 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 I 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 LICENSING 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, with saint Ax.minationn 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 the County Attorney to prepare appropriate legislation for presentation to the County ! CHANGE IN FARE chan Delegation o changes ii ` ` esin the law to effectuate said Agreement. Unanimously approved e 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 tha.s trend would continue. The Commissioners .! an,-port with the new fare structure, as proposed this date and approved by the Trans- portation Commission, as follows: Adults - 55c to all zones, iUc poi tLai,Hiei.l Senior Citizens and Students - 40C to all zones, 5C for transfer; Senior Citizens Mid-Day -. 25C to all zones, 5C for transfer. H APP )INTMENTS 7O C'ITY/COUNTY NEC It1 AI i.ON COMM155;51UN Motion :Wade by Commissioner Roulette seconded by Salvatore to appoint James Brown, Irvin Fasterday and Judy Haines to serve as the County's representatives on the City/County Recreation Commission. Unanimously approved. s� 1 JANUARY 17, 1994 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 Cochran 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 Ammer 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 an tary Commissiono icia s, along with thöOnty'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 balanc 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 Mot on made by Commissioner Rou-Iette, secon�ed�y 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 the system becomes revenue pivduciol'j. U,.un_m.._tl; apnrnreri. RECESS The Meeting was recessed at 12:15 p.m. for. lunch. AFTERNOON SESSION The Afternoon Session was convened at 200 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey and Salvatore present. ffGRANT SECOND PERSONAL DAY TO COUNTY EMPLOYEE Motion made by Commissioner Roulette, seconded by Salvatore to grant County Employees a second Personal Day to De cake:: i L II - f uf, the in• nln'' virthday 14n11Hav, and to change the observance of Washington's Birthday toPresident's Day.' Unanimously ow approved. LEGISLATION RE PROGRAM OPEN SPACE Motion made by Commissioner Roulette, sccc'nded by Salvatore to support the legislatie 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. JANUARY 17, 1984 MINUTES, CONT'D. MINUTES OF MEETINGS FOR DECEMBER 1983 Motion wn made by C—ommIssioner Doey, seconded by Roulette to approve of the Minutes of the County Commissioners' Meetings for December 1983 as submitted. Unanimously approved. 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 p.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 Tourism, 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 IIMotion made by Commissioner Roulette, seconded by Salvatore to�advance�the Sanitary CC njSSi ,., c171 nnn +, the fo,-rr of 64 intere-t loan. t„ h� as five r5) �� 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 HIGHFIELD WATER SYSTEM Motion made by Commissioner Roulette, seconded by Salvatore to advance the Sanitary Commission $400,000 for settlement of purchase of the Highfiel.d 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 amnnnt of thiR advsnre to be renaid from the federal nrant-c/loanR that will he received for this project. Unanimously approved. SUMMER EMPLOYMENT PROGRAM Motion made by Commissioner Roulette, seconded by Salvatore to employ 50 persons on a temporary basis in the 1984 Summer Employment Program. Unanimously approved. � Ili 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 _, Clerk i 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 Methodis 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 furthe 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 by Salvatore to reappoint David Emmert to serve as a member of the Parks & Recreation Board for a term expiring in February 1987. Unanimously approved. 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 of Maryland 632 in Election uistricr. 20 l0ownwii.ie) Lu 'u2 d ignat oon Agricultural 9rcorvation District SUPPORT REQUEST FOR REIMBURSEMENT FOR LOSSES - FIRE & RESCUE ASSOCIATION I� Motion made by Commissioner Roulette, seconded by Downey to senTc as e3 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 QQVFrt3NQB.BF.QSIS:STIQLG.A➢N1JN�S.T nT'ryl c HANGE RF,IMB1 SF ENI&.IS.LF_YEE &. RESCUE COMPANIES h.r 1rAo-nrP to send a letter to the e�:i��:.t•_ use:• y - -=- Governor of Maryland requesting his support in affectinq administrative changes in the Department of Natural Res0UrCe'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. II JANUARY 24, 1984 MINUTES, CONT'D. � I PAY EXPENSES OF TAX SALE PROPERTIES I� 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 e y Comm ss oner Roulette, seconded by 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 Young, 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 If 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 observance 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 ernoon 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 maintenance bond -is 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 i, . ppr '-3. 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 now Detention Center. They explained that- becaus 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 $].,708.57. Unanimously approved. MINUTE OF MEETINGS FOR JANUARY 3 AND 1 , 1.984 Motion made by Commissioner Downey, seconded by Salvatore to approve of the Minutes of the County Coriunlss+.oner.»' Meetings for January 3 and 10, ].984, ns Ruhittr_.d. II Unanimously approved. Ij I i II II JANUARY 24, 1984 MINUTES, CONT'D. PROPOSED LEGISLATION RE GAMBLING TAX After a lengthy 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 il(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 OFrALLEGIANCE 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 to endoisc Lhv application 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 mada 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, }lagerstoc , Maryland to conduct a Closing Out Sale commencing February 1, 1984, and continuing for a period of 2 to 3 weeks. Unanimously approved. rvnm�nre nnnu m ?MV _. TOMS POAn RRTII(:E 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 $300.00 fo.r farm fencing to he removed during construction. Unanimously approved. ACQUISITION OF PARK LAND - TOWN OF WTL.LTAMSPORT At the request of Williamsport Town Officials, a M(YPTON was mauio by Commissioner Roulette, seconded by Snook and unanimously passed, to amend program Omen Space JANUARY 24, 1984 MINUTES, CONT'D a" . iv ord March 2 L984 at 3:OO,P. M. .7wsa2 �'ff BdRn �� and Resolutions for Washinbton - county &ftioe of Clerk of the Circuit court for Wash. Co. 919 I / Liber 3 keceived for ,ie-kecording april 5, 1984 at 11:00 A . M. Act$, Ordinances and Resolutions for ^ashingtoo wounty Office of Clerk of the Circuit -ourt for Wash. I-o. Liber 3 RESO DTION NO. _______ Resolution se /27/84t2ect con ect typographical error Page 4, RESOIxTPICN ADOPTING PROPERTY TAX CREDITS PURSCANT TO ARTICLE 81 IT LE REVf14IlE AND TAXES, OF THE ANNO4 =) COVE OF THE PUBIZC caw IA WS OF MARYLAND � I 4t1EREAS, Article 81 Raven and Taxes, S9C. Property Tax Credits, authorizes and m rs the go er'nin'l g body of certain nunicipeli and oamties 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 inproveaents to existing property or for now oonstrwction; and i A5, The applicable provisions of Article 81 referred to herein are incorporated and made a part hereof by reference; WHEREAS, The Board of County Comnissioners of Washington County, Maryland, 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, Washington County falls within the purview of Article 81 I f of the Annotated Code of Maryland; WHEREAS, The Board of County Camulssioners of Washington County, Maryland is the duly erstituted legislative and governing body of I !I Washington Ctvnty, Maryland, by virtue of the provisions of the Code of Public I�7C.t'- Laws of. Washington County, Maryland, and the General Lawn of WIMM*, The said Board of County Crmnissioners of Washington jI County, Maryland, as the said duly constituted legislative anal governing body of Washington C .mty, Maryland, has detennLned that it is for the best i II I i! I } f ' 16 . , 920 933 f interest of the County and the citizenry in general to provide for certain tax credits in accordance with Article 81, in order to stimulate local developrtuent and growth with emphasis on reinvestment by providing certain local tax incentive credits to those persons, firms, and corporations .irrrolved in ren avatic n of existing properties and new cx struction; NOW, THE , Pursuant to the provisions contained in the afcaementioned Article 81 and the General powers of the Board of County ( e issiauers of Washington County, Maryland, it is hereby M=VED By Ju the Board of County Ca unissianers 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 tars, provisions and conditions : I. EST ]3LIS* JT or TAX CRf ns. The Board of County Camnissioners of Washington County, Maryland, does hems declare that certain tax credits against local property taxes for inprovements to existing property or for new czanstructfon shall be granted to certain persons, firms and/or corporations that nay qualify under the provisions hereof. The local governing body, to-wit, the Board of County Ccami.ssioners of Washington County, Maryland, shall be responsible for ( adaninisteri.ng this program. 'The tax credits referred to herein are applicable, and are to be based upon a percentage of the cost of any iovenients to existing property or of any new construction and not upon the increase in assessed valuation. II. Q WITIc S FOR QC. ,IFYn FOR THE CREDIT. ia) General C:OPaitions All persons, fires, corporations, or legal entities of whatsoever nature or kind who own ccmrercia], or industrial property within the geographical corfines 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 m st engage in renovating and making inprov ens to existing property awned by then or engage in new construction of property owned by them. The inQrove- wants or new construction must be for the use and benefit of the applicant property owners) in order to qualify for such tax credits. in order to qualify for the tax credits referred to herein, any project involving improve ents avast exceed Five 'iriousand ($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 improvemnts shall be in excess of Five Tousacri ($5,000.00) Dollars of the cost. Irprov eats to existing property or any new construction for which building permits were issued prior to July 1, 1983 shall not be H ' eligible. (b) Application Procedures (1) Filing Applications shall be made by the owners) of property with the Board of Oaainty Oacnnissioners of Washington (ounty, Maryland, after the canpletion 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, cxm)letion date of the inpzcvenent or on new construction shall be determined as of the date that a Use and Occupancy Permit is issued, if applicable. In instances __� OccL........y n......:i.•. axe not isomer' fw rewn)tred. the construction W[IC.Ltl U. al a1, uA,uE.ryq�.y ccu....w .�� __—__ E or ocrpletion date, of either improvements or new contraction, shall be the date of the final inspection and approval by the Building Inspector. (2) Time for Filipg All applications far tax credits allowable under. -3- 922 935 this Resolution shall be filed with the County 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 eotrence on July 1 of the same calendar yea.-. (3) Fom 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 information that may be determined or required as necessary for the permit in accordance with administrative procedures that may be pxtaulgated fran tine to time. Verification of the cost of any improvements or new construction must be furnished by the applicant at the time of application. III. AMCWr OF n C Mrr. I Thee following schedule for tax credits shall. be utilized and followed by the Tax Collector upon determination of eligibility therefor: (a) 3pzovnts to Fxisting Property The credit shall be One Hundred (100%) Per Cent of th 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 would be applicable based on the cost of construction for the period here- inafter set forth. IV. L URATICr1 OF CR )IT. (a) I zoveients to Existing Prc�xrj 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 as the tax year as defined by the State of Maryland and the Board of County Ccnmissioners of Wastungton County, Maryland. -4- 936 923 (b) New Constrvcticsa 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 Comussicners of Washington County. Maryland. V. APPLICABILITY OF TI4X t*)IT R SCLMICN. 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. PR0CFLURE 3 FOR APPEAL. In the event that any applicant is rejected by the County Administrator and detexniined 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 Hoard of County Ckunmissioners 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 CYmnissioners of Washington County, Maryland therefrom. Notice of said appeal Host 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 disqualifica- ti.on. Thereafter, the Board of County Camissioners of Washington Ccxuyty, 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 II 1 924 937 decision of the. Board of County Commissioners of Washimton C mty, Maryland, said applicant may take an appeal in accordance with the applicable provisions of the Maryland Law and Pules of Practice and Procedure. VII. JERABT.ITY. If any Section, Sub-Section, sentence, clause, phrase or portion of this Resolution be for any reason held invalid or uncanatitu- tional by any Court of competent jurisdiction, such portion shall be deemed to be severable and shall rot affect the validity of the ranainng portions of this Pesolution. VIII. LNJS. 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 rot limited to the United States, the State of Maryland, the County of Washington, and the city of Hagerstown. Adopted this day of?44a.tl , 19 ti • BOA[m OF CQRIPY CCtfiISSICY PS OF SHINGICN Co[Z TY, MAPTIA D I =1:6TAS W SI4LUPE AND ODRPORRTE'S'FAI.: / By: Rn L. Bowe , Prest t i J(fCi' Kathryn E'A t�'Cl` WT"iT1F5a:' II ' 938 925 fi /^ J R. S vatore APPRO h for legal sufficiency: fT J= County Attorney II -7- { s� o� 1IL 6 s �(• t JANUARY 31, 1984 MINUTES, CONT'D Acquisition to include a 1+ acre parcel adjacent to the Springfield Middle School in I,; 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 datwd 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 include 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 additional 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 Deportment'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's School and a visit to II the L ' ' ' Grhnnl Tnternat.ional Fair. AFTERNOON SF:S,iION !j The Afternoon Session was convened at 2:30 p.m. with President Bowers presiding and (i Vice President Roulette and Commissioners Downey, Salvatore and Snook present. h it Ii ;� II JANUARY 31, 1984 MINUTES, CONT'D CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Downey, seconded by Snook to convene in Executive Session at 2:30 p.m. in regard to 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 4:10 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 prasented 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 issu 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 Att- orn February 6, 1984 Hagerstown, Maryland 21740 REZONING PUBLIC HEARING - RZ-276 rToint 'u6Tlo-Hearing wasThelcf 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, vice rasidant CichSZu E. P.vs1 LL - ir •• T. a_ Snook; Planning Commission Chairman William Wolford and Members Jack Byers, Thomas Dwyer and Donald Zombro. Fred Papa applicant, 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 thatshould be considered before a ] FEBRUARY 6, 1984 If MINUTES, CONT'D jl j recommendation from the Planning Commission or a decision by the Board of County Com- 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 e� ` f 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 pronnaAd new equipment prior to rendering a decision. There was also a concensus of opinion that a committee would be established to study the County's data processing needs and I! make recommendations on the order of priority to be assigned in fulfilling these needs VC/ EFREGISTRATION UOOT H iii nr.,�i::n ut'r/Ut`i"riENT ilMotion made by Commissioner Roulette, seconded by Snook to approve of the League of j,Women Voters locating a voter registration booth at the Washington County Health Department. Unanimously approved. At this time Commissioner Salvatore returned to the Meeting. FEBRUARY 7, 1984 MINUTES, CONT'D PRESENTATION OF UNITED WAY AWARD Jesse Eagle, 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 a _l, people Washington County for theirsupport an aware on behalf of all the of �. a..y 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. tole/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 Recreatio 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 PERMITFEEES 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 fees being refunded to the YMCA and used for youth memberships. Unanimously approved. rnuyrVV TN FAVC(ITIVE SESSION i Motion made by Co;msissioner Roulette, seconded by Downey to convene in Executive Srssion at 12:30 p.m. in regard to 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. FEBRUARY 7, 1984 MINUTES, CONT'D RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Salvatore to reconvene in Regular Session at 3:15 p.m. Unanimously approved. I NEW POSITIONS FOR THE SHERIFFS DEPARTMENT II 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 Smithsburg in the amount of $62,337.97, with this amount to be reimbursed from Federal funds. Unanimously approved. BOARD OF EDUCATION - LEGISLATION/LAND/CAPITAL 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. 4 Eounty Att rney AA - A. , 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 CONVENE SESSION H 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 Ii Article 76(A) , Section 11(a) (6 & 7) -,f the Annotated Code of Maryland. Unanimously approved. RECONVENE IN RtCT Ai 1N Motion made by Commissioner alvatoro, accorded 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 1980 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 millio 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 Fuhrman, 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 I� &i ^et in support of the above request. MOTION made by Commissioner Roulette, II seconded bySalvatore 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 ah.t the rpviRinn outlined a level of watef sampling which should provide a data base to identify problem areas. He said it also would increeae tOe loom 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 II FEBRUARY 7, 1984 MINUTES, CONT'D Received for Record: March 8, 1984 at 3:30 p.m. Ao.ta, Ordinances end Resolutions for Washington County Liber No. Office of the Cle •k of the Circuit Court for Washington County j 926 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 I:'+ 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: r 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 50t of Item 3 ($185,534.00) be authorized for immediate funding (Total $534,196.00). 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 Ready-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. this amount will be credited to the loan balance owed by the Distric that total payment of these loans be made within a 10-year period. ® III I I APPROVED OF LOUNTY COMMISSIONERS OF WASHING'CON COUNTY, This day of 1984. Ronald L. wars I t� KAYLOR,POOLE Y Richard E. Roulette }WANTZ r. P A,tULNLY.AT LAW N•u,..r U'MN.....,Y L.No II ATTIIS _ --- . Lee Downey a1i thr n F. hors,y Clerk to Sc Jo ord of County Commissioners John . Snly of Washington County }) Martin L. Snook H II ; mJI4 1�- is Yr r . � • � • . I 927 iffj 0 1994 January 25, 1984 WASHUM r C.ts CQ. 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 prime lending rate at time of advance (Hagerstown Trust Company prime presently 11.5% 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 and backed by the full faith and credit of Washington County. Washington County Sanitary District • 19� ' a Hagerstown, Maryland 21740 January 25, 1984 Loan Two Amount $900,000.00 Project Halfway Rate 65% of Hagerstown Trust Company's prime lendinglending 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:cje a ..... ..... eteeeived for Record Feb. 14, 1984 at 3:O5 1 . N. Acts, Oruinances and t(eaolutione for w„shington -ounty*Libe'r 3 a_ 916 Office of Clerk of Circuit Lourt fur washinbton -ounty i FsawTiON is ISOLVED, That the Board of Washington County Czttnissioners do agree that the Washington County Sanitary District, acting by and through the Washington County Sanitary Ccmni.ssion shall apply to the Hagerstown Trust Catpanny to borrow from time to time various swre, not to exceed Nine Hundred Thousand ($900,000.00) Dollars in aggregate outstanding at any one tine, to be used to defray the expense of upgrading and modifying the ptnping station and sewerage treatment facilities in Subdistrict No. 1 -- Halfway service area. A copy of the ccumitment from the Hagerstown Trust aitpany 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 f— 1 - Sludge Dewatering $17l,000.00 2 - Flow Equalization $178,262.00 3 - Wright Road PLmping Station $371,068.00 4 - Process Flow Modification $154,400.00 5 - Contingency $925,270.00 lE 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 incrediate funding (Total $534,796.00). The remainder of Itan 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 Cannissioners. RESOLVED, That the Board of Washington County Crnrnissioners 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 Oaimissioners 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-tcr-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 Deparrn nt; 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 the County Oatmissioners. 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 amount will be credited to the loan balance cued by the District; that total pay- ment of these loans be mile within a 10-year period. APPRC''VED B D OF COUNTY CCNMISSICNERS OF WASH7NG1'C COUNTY, This day of ' 1984. r� � Ronald Ric ar uu etl to j _ R. T se Lrxmey Jc .n F. Sa va re — . DtX UI e�� VtCath>yn F. o , CYerk to _ Board of county Qxmtissioners of Washington County •�. '' � , _....--- .. " . . 91'7 i vi,Wf U 10 .934 January 25, 1984 WASHINrY-w 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 55% 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 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 'co 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. Sinnce(rely,, Philip L. Rohrer Senior Vice President And Secretary PLR:cje E ' Ws �.i� Cpl M a I a FEBRUARY 14, 1984 �{ MINUTES, CONT'D BIDS FOR DETENTION CENTER TELEPHONE SERVICE of ton mane By Commissioner Downey, seconded by Salvatore to accept the recommendatiorj 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 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 ssioner 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. INV(iCPTION AND PLEDGE OF ALLk:GTAiICLi The Invocation was delivered by Commissioner Salvatore, followed by the Pledge of H Allegiance to the Flag by the full Assemblage. !� ADDITIONAL FUNDS - DEPARTMENT OF PERMIT:≥ & INSPECTIONS Motion made by Commissioner Downey, seconded by Salvatore to allocate an additional $1,000 to the Department of Permits & Inspections to have reproducable milars rade H of the Zoning Maps, with this amount to he appropriated from Operating Contingency. Unanimously approved. I! I l FEBRUARY 21, 1984 MINUTES, CONT'D SUPPORT OPPOSITION TO SENATE BILL 797 Motion 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, D 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 a 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 Mot on ma e y 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 ' he 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 maw 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 maintenance at a coot of $30 non bid for a z4 month lease w/option to buy, iuclai..,t;y a „4�„a;,.-,a ,.,,,,,,,,,,, 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 )To�.ian mac-Ie byT isstoner 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 Ffo5ETon ma3e by Commissioner Snook, seconded by Roulette to adjourn at 3:55 p.m. unar.in:o apNLvvr,u. County torney �� — Clerk 4 February 28, 1984 Hagerstown, Maryland 21740 II The Regular Meeting of the Board of County Commissioners of Washington County was j 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 11(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 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 29th. and to i,-,.-,,,4,- if fhia nrnnnaal prn,,1 ri ha :,r•r•anfa,1 nr if s new system 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 $160,000 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 ml Washington County Teachers' Association, appeared before the Commissioners to inform them of fha nnnnarfnd nnaif inn faknn h•,, (hair rncnanfi nioafs nna in rnnarri fn ' ._.__.. ._, vn erns 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 Washington County would be $8.3 million by the fifth year of the Civiletti 3-A Plan, and would help close the gap in educational equality in the State. MC1I'ION made by Commissioner Sal•✓at:ore, seconded by Roulette to adopt a Resolution of endorsement of the Civiletti Commission. Recommendation, and urge the Governor I, 14 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 iui in3c�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 pro)ectT a $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 Sup p1Y) - 1500 gallons yellow paint @ $4.31 per gallon, 800 gallons white paint @ $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?ety Markings, Inc. - 1500 gallons yellow paint @ $3.685 per gallon, 800 gallons of white paint @ $3.588 per gallon. No bid on beads; Redland Prismo Corp. - 1500 gallons yellow paint @ $4.20 per gallon, 800 gallons white paint@ $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 6 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 uncollectable: 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 1992- $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 con5ik+e aLi.:. 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 SPRING PARK M_'TERIALS Motion made by Commissioner Snook, seconded by Salvatore to accept the low proposal submitted by C. William Hetze.r 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 CREEK ROAD I I Motion made by Commissioner Salvatore, seconded by Snook to impose a 40,000 lb. gross weight limit on Creek Road from the H.H. Mellott Quarry entrance to the Town limits of Hancock, effective immediately. Unanimously approved. S FEBRUARY 28, 1984 MINUTES, CONT'D Received for Record: March 23, i984 at 11:00 a.m. — q Acts, Ordinances and Resolutions for Washington County No. Office of the Clerk of the Circuit Court for Washington County RESOIUTICN NO. Wh1EI�As, Article 25, Section 25 of the Annotated Code of Maryland agxxrers the County Co mnissioners of Washington County L yu.:ciielga e and enforce rules and regulations as to the maximmn size and weight of notor 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 oonoerned, and shall be designed to assure the continued safety and good condition of any such road or roads; and WAS, The County Commissioners of Washington County have exandned Creek Rand near Hancock in Washington County, Maryland, in response to complaints of heavy trick use of the aforesaid a1ad, which is a narrow, road determined the Washington Comty Aoads winding, two-lane, aeoondairyby Department to be subject to ex. ssive truck traffic. NCAJ, 1Z BE, BE IT REsmvED By the Board of County Ooanissi.oners of Washington County, Maryland, that a weight limit of forty thousand (40,000) pounds gross shall be immediately imposed upon all motor vehicles, trunks, tractors and trailers which are operated or used on Creek Road from the area of the Poute 40-A Overpass to the town limits of Hancock, Washington County, Maryland. Adopted this day of , 1984. !( y. BOARD OF CO NTY CX4ISSICtEI OF WASHJNC7A.V UUUNiz, irieiai++ivD ATTEST AS TO SI(r�7A'AJRE AND CDR1n0hLl'i'S;'SEAL: BY: _� Rana L. �Pr— t KAYO .POOL[ •WANTZ �y��+1'• I ATT011:::AY lAW MAy[A.OWN�MMVLAMO 1 • " a 930 WITNESS: �j� ' F R1dE. ulette, Viess cent R. Lee R. vat re L. A PIO1W for legal sufficiency: Oounty Attorney its KAYLOR.POOL[ {C� &WANTZ --- arronna�• II*Oana TOWN.MAnYIAND 11 �� V 1 A I. � o cry wQ � ���-nom � •,�� � �1 s FEBRUARY 28, 1984 MINUTES, CONT'D II 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 ® j to give the matter full consideration and to render a decision on the Homebuilders recommendation at next week's meeting. MACO WORKMEN$ COMPENSATION .iEI,F-INSCiRANCL•; POOi,Patty Mulford, Maryland Association of Counties`representative, along with Alan iII Davis, Personnel Director, appeared before the Commissioners to discuss the benefits of pooling the subdivisions Workmen's Compensation Insurance. Ms. Mulford said II 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 `I the Workmen's Compensation Insurance is bid next month. The Commissioners agreed to consider the MACO pooling proposal along with other bids. I� 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. 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 e 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 R. 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. He 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 G inn lju 1, County Engineer, 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 t%-,- F ,...,.. .. .ary permanent ataV i 1 i oaf inn of a rli atnrharl araa within -hr aa (fl Maus upon-completio.' ofthe 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 Wastern 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 Senny Tyson, SuperIeor o tlTe Bata 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 repressnt:ativ 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 offerir.gs that concluded that IBM offers a lower cost approach, has a more powerful system, has 3n easy conversion, and offers many more advantages in terms of ability to implement future applications more quickly than the recommended Sperry nnyntem. The Commissioners took the matter under 1 advisement at this time. MARCH 6, 1984 MINUTES, CONT'D 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/M; Moore Business Forms - County Bills - $49.95/M, 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 th.e 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 or the former rairpiay ocnooA Tram the uistrict J. AUrLCdTt L.LUV Lu i,iie ia.L J. y :1rr 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; Flax-O-Lite Beads - $8,492.80. Unanimously approved. ( TOURISM INFORMATION CENTER AGREEMENT Motion made by Commissioner Salvatore, seconded by Roulette 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. it I _v MARCH 6, 1984 MINUTES, CONT'D I i 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 d 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 Reiaburg, 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 .imit 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 Keedysvi.11e School property to the Southeastern Washington County Health and Community Services Corporation in accordance with the duly 4nhd Notice of InLe,iLion to convey, and subject to the approval of the Maryland Board of Public Works. Unanimously approved. I -- - ff MARCH 6, 1984 MINUTES, CONT'D 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 SEP.VICES, and to adopt the Finds of Fact of the Planning Commission in this Case as the Findings of Fact of this Buard. APPLICATION FOR ZONING ORDINANCE AMENDMENT Motion made y omm ssioner 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 ma a by Commissioner 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 Motion made by CommissfonerRoulette, seconded by Snook to reconvene in Regular Session at 545 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 maw by Commissioner Salvatore, seconded by Snook to adjourn at 550 p.m. Unanimously ap oved. u yAtorey .► ��I-___, Clerk March 12, 1984 ii Hagerstown, Maryland 21740 II PUBLIC HEARING - REZONING CASES 273, 274, 275, 277 & 278 A joint. Public Hearing was held in Court Room #1 by the Board of County Commissioners and 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, IIi John C. Herbst and Donald t . 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. Jf Ceu tt,a y I (� Clerk 1 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 I 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 funds totaling $30,860 to the Sanitary District, with this amount to be repaid to the County as soon as the committed funds from Farmers Home Administration are received. Unani- mously approved. REPORT ON HALFWAY SEWER TREATMENT PLANT PROJECT O vials 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 II! from the old Detention Center. Unanimously approved. Luca. rJNDING OF GYPSY MOTH PROGRAM Motion made by Commissioner Roulette, seconded by Downey to allocate local funds in li the amount of $39,000 toward the State Department of Agriculture's gypsy moth sup- presslon program 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 House 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 $]5.88/M for City bills. Unanimously approved. NAME FORMER WELFARE BUILDING Motion Motion made by Commissioner Roulette, seconded by Salvatore to name the fusser 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 PRo SP1 C"PS The Commissioner. s agreed that Economic Development Officials would request_ the Planning Staff to get all appropriate agency represent:;,ti.yes to initial meetings w.itt, industrial prospects, in order that al phases of the project- will be coordino'ted and expedited. ft 1- --- 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 icen 1eatty, -ExecUive u3.rectOr or tINatlOflaIe ospAce C Oe s,Tong with Jay Frantz, Chairman o₹ the Cadets' Board of Directors, appeared before the Commissioners to request that the County's Open Space Program be amended to include the acquisition 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 President 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 property, res unsibilitiCa of aiiu rot provided to veterinarians; atandArds � p y, p protection �J�D.l......-. 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 establishe by which the Authority will be governed.. Bill Eisminger, representing the Washingto 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- *h� bci r., n one e1 oe nr�gant to ei eak for nor agai.nst LMnUb wlii�. i.iiiu j+i_vyi.o u. y ..Q one,., ,. said Ordinance, the President announced that the Record would be held open for ten H (10) days for additional comments to he aiihmitted in writing. He closed the Hearing at 5:25 p.m, and convened the Meeting in Regular Session. PROCLAMATION - NATIONAL BUILDING; SAFETY WEEK Motion made by Commissioner Roulette, seconded by Downed 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. Unar,.i- mous].y approved. MARCH 13, 1984 1PROCLAMATION MINUTES, CONT'D - HEALTH FAIR WEEK NNot on made by Comm�siIOner 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, seconded by Roulette to adjourn at 5:30 p.m. Unanimously approved. Coun torney - _______________, Clerk 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 aforeaoing 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. II LOCAL FUNDING FOR AGRICULTURAL PRKSSRVATION EASEMENTS Motion made by Commissioner Salvatore, seconded by Roulette to participate in the I 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. MARCH 20, 1984 MINUTES, CONT'D ADDITIONAL WORK - PARKVIEW KNOLLS MAINTENANCE BUILDING Motion made by Commissioner Salvatore, seconded by Downey t.o 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 1l(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 (I Session at ii:.0 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 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 or $114,561; FIRE & REsUUL CUMMUNICHT IVNn 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 3 1983; AIRPORT - Submitted by Leigh Sprowis, Airport Manager, in the amount of $97,883 HOUSING & COMMUNITY DEVELOPMENT, HOUSING AUTHORITY AND HOUSING AUTHORITY BUILDING OPERATIONS - Submitted by Annette vanHilst, Director of Housinc & Community Develop- ment, and Paul Horst, Chairman of the Housing Authority, in the amounts of $123,515 I,(reimburseable with the exception of fringe benefits to match the Appalachian Regional Commission gY91,L) , yl,�UU, and $s4,392 (mostly rci.mbuLseabie LLL' W HUU*i,iy Authority funds) . I �I FIMARCH 20, 1984 MINUTES, CONT'D PROCLAMATION - FAIR HOUSING MONTH Moon 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 made by Commissioner Roulette, seconded by Snook to adopt a Resolution of Appreciation to Lewis Stouffer for his many contributions to the welfare of the elderl 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 _______________ -- Clerk 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 �n morninv)- MINUTES Or •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. unanimously approved. li 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 he rebid next year. Unanimously approved. ' I� MARCH 27, 1984 MINUTES, CONT'D II 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. I � 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. • fl C y At orney Clerk I '' 1 • f Received for Record: December 21, 1983 at 3:00 p.m. Acts, Ordinances and Resolutions for tdoshi—ton County Liber No. 3 Office of the Clerk of the Circuit Court for Weshin[rton County 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 $7,000,000, PURSUANT TO THE PROVISIONS OF SECTIONS 266A THROUGH 266-I OF ARTICLE 41 OF THE ANNOTATED CODE OF MARY- LAND (1982 REPLACEMENT VOLUME) IN ORDER TO LOAN THE PROCEEDS THEREOF TO FALLING SPRING CORP. , FOR THE SOLE AND EXCLUSIVE PURPOSES DESCRIBED IN THIS RESOLUTION; AUTHORIZING THE PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ACCEPT, ON BEHALF OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, THE LETTER OF INTENT FROM FALLING SPRING CORP. TO COUNTY COMMISSIONERS OF WASHINGTON COUNTY DATED DECEMBER 12, 1983 AND APPROVING THE ISSUANCE OF THE BONDS REQUESTED THEREIN; MAKING CERTAIN LEGISLATIVE FINDINGS, AMONG OTHERS, CONCERNING THE PUBLIC BENEFIT AND PURPOSE OF SUCH REVENUE BONDS; PROVIDING THAT SUCH REVENUE BONDS AND THE INTEREST THEREON SHALL BE LIMITED OBLIGATIONS OF COUNTY COMMIS- SIONER$ OF WASHINGTON COUNTY, REPAYABLE SOLELY FROM THEEVENUES DERIVED FROM LOAN REPAYMENTS PRINCIPAL AND INTEREST MADE AVAILABLE FOR SUCH PURPOSE, AND THAT NEITHER SUCH REVENUE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND THAT NEITHER SHALL EVER CONSTITUTE OR GIVE RISE 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 ISS"rurs SECURITY; SAC'.F. AND PAY MENT FOIL SUCH' REVENUE BONDS; AND GENERALLY PROV ID IN(i FOR AND DETERMINING VARIOUS MATTERS AND DETAILS IN CONNECTION WITH THE AUTHORIZATION, oser 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 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 interaertinn of Underpass 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- sy�jJ 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 and the oicpsr interests collectively, the "Facility"). The County, in compliance with the Tax Equity and Fiscal Responsibility Act of 1992 (the "Federal Act") held a public hearing on December 20, 1983, pursuant to notice published in a newspaper o; 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 beard 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 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 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 WASBINGTCN COQ, Eat, act ng pursuant to the Act, t is hereby found and a rm ned as follows: -3- 886 - (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 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 deers appropriate to effect the financing of the acqui- sition by the Borrower of the Facility by the loan form of trans- _ action. I (4) NEITEMR 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: ANn NEi'1': R SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF f~__ -4- ICI I 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 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 THER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTO COUNTY, That the County herr�y approves an 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) (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 �rri i�ai a«1 v wa nrnwi,i ,1 in car_tion 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 �r -5- 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 a 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 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 Bóiid 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 autZ..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 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 tl__s Ca w.a..J LL. 91 -1. a... a. . A..-..d w41.a mi`-04tie CLQNLUCLII. VL L4 C DUaLY, LllC 41CSI► Ltd {.11C D4'NiY WiY - � Ya*v. v,.�av�..f.._ 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. ssssw • • fi�33 SECTION 5. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That prior to ii —_ issuance, sale and a ivery of e 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 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 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 -7- • 890 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, at 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) 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. /►.1 ®1 4-► ,mA Y1 i v+ a1 ,,1 1 nflsi,i. +'nw+ 1h.. 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 -8- 891 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 udder 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 f. e Act, the Bonds o 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 oZ 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 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 o this Resolution are sever e, and 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 urcons tyg�� entence clause. t1 nn or part had utZuna1 Yr:;;ya�..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- 832 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 shall take effect from the date of its adoption. PASSED AND ADOPTED this $0 day of 9f3 ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: Ka ryn . rt Rona L. Bowers, President Clerk Board of County Commissioners of Washington County -10- EXHIBIT A 893 LETTER OF INTENT 804 EXHIBIT B CERTIFICATION OF PUBLICATION ' - Q� is C Y , 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 purchase, reconstruction, or rehabilitation of E` 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 -J 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 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 I' County Commissioners of Washington County, Maryland (the "Board" ) , is a governmental body and a corporation created by 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 Il 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 I�- -- ,r., rcurc tc fingnrrs. mortaaae 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 Li _ ii 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 suitable 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 iron proceeds thereof; and 4 WHEREAS, the Underwriters have advised the Issuer that a J 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 (1981 Replacement Volume) , as enacted by Chapter 102 of the . 1,50_ .d cther 71npl#cable provisions of Laws Oi riazyl&iiu of ..... _ law. fi 5 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 income pi1aOlo 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 aualitj of the existing housing stock and an ii 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 H 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 asoist in alleviating the shortage of existing affordable housing by making lower interest: loans available to eligible persons, �I 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 Act. Ae determined and aonroved by the Issuer on November 3, 1981, and based on 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 Fzmilies 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. __________ k H (g) To avoid potential abuses and to insure proper 1 - 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. :1 (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 riortyayc LUazi6. 9 l li (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. f 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 j 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 & Huse, Bond Counsel ("Bond Counsel"), the Issuer acting by and through the Board will issue and offer through the Underwriters the Bonds, it being specifically II understood that, as provided by the Act, such commitment I shall be subject to the following special conditions: `f (a) If the other events contemplated hereby which would provide a source for reimbursement thereot do not occur, the Underwriters have agreed that they will, reimburse -U- 11 ti the Board for one-half of printing costs, if any, which the Board may incur at the Underwriter's request arising from the 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: Cl) obligate or authorize the expenditure of any funds or 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 H refundable financial contribution pursuant to Section 4 of thin Resolution and interest earned on such moneys shall be available if necessary to pay principal and interest on the 1= 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. The 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 Contribution is authorized subject to tht tcilcwin apccial 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 L 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 OriginatSon and Servicing of Mortgage Loans. In order to induce Participants to make low interest loans to Eligible- Persons ana r'amilies for the acyuibitioxi O1 ieCGustrUCtiCn or 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 Conmiegioner.s. 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 I L1 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. COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND (SEAL) res ent /� °0 mn ss oner __ _ esioner aim as o omn ss o er I I II I 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 I' 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, 1. 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 10th day of November, 1981.. er r o oun y Commissioners of Washington County, Maryland L. 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"). WHBBBAS, 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 t 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 Countyi 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 Costst and 1 WHEREAS, the Housing a 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 19801 and WHEREAS, in the event the State designates the City as zuch t-r;.:t:d aria, arm uah 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; and WHEREAS, Ferris & Company, Inc. and Butcher & Singer Inc. (the "Underwriters") have informed the Board that the County must make a refundable 2inancial 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 follows: 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 shell 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 1111 wvte than 20 percent or the proceeds of the Bonds or as calculated pursuant to the "sate harbor limitation" under the Regulations, whichever is less. In the event that the State 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 this 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 any pri:nci^•, pynt date the „um of (1) the then outstanding principal balance of the mortgage loans made with proceeds of the Bonds, and (2) the amounts then remaining in -3- 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 therewith: 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 in accordance with such laws. 9. Ir. 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 required for 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 Att t: By ______ 6 CITY OF HAGERSTOWN, MARYLAND Attests By / k _ ! jIi4 -5- Received for Record: October 8, 1982 at 2:27 p.m. 686 Acts, Ordinances and 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 or 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 14,000,000 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, Ali 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 i�- 697 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 Waehin9Lun County, i.iaryland (tha "Facility") by the issuance and sale by the Public Body of 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 not 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, if 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 60,000 qro feet of opace and % maintenance building containing approximately 4,800 square feet of apace, (the - 2 - (;94 "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 Bonds, 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 aecurity 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 any 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 - t91 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 - 692 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 taxi.,. 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 mad* 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 (if- any) 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- manta 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 - g - • t,93 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 order 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 land 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 intinterest �auy' y,,ar+o during wh.i'h the interest payable xui w...d,. 7 - 695 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 way 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 whnli be impressed or otherwise reproduced thereon and attested by the Clerk to the Board by her manual signature. - B - T96 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 as 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 the 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 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 B. 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 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: fj (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- ri„r� xn,1 details under which the Bonds may be called for redemption prior to their stated maturity; (c) if a Financing Agreement is entered 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- ^moo. maim and delivery of the Bonds and prescribe any and all other details of the Bonds; 1' 10 - • 698 (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 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) if a Financing Agreement is entered into, provide for the issuance and sale (subiect 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 s.efunding 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 conditions as the President of the Board X66611 -rascribe i.. a ..rit...... order o Otherwi.r for thn protection and enforcement of the rights and remedies of the holders of the Bonds. - 11 - . r 699 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 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 enactment. ADOPTED by the Board of County Commissioners of Washington County, Maryland on4_ ,__, 1982. - 12 - 700 • • [COUNTY SEAL] ATTE ': Kat ryn ort, art n L. Snoo , Clerk to the Board of President of the Board of County Commissioners County Commissioners of of Washington County, Maryland Washington County, Maryland R. Lee Downey, Vice President of th oerd of E)� ty Commissions e rton R. o m n, Commissioner i ♦ � .ona . Bo vet , Commissioner ar es - agama r. , Commissioner 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 Washington County duly called, convened and held on , 1982, at which meeting a uorum of the Board of County Commissioners was present anf acting throughout. at ryn or Clerk to the Board of County Commissioners of Washington County, Maryland [COUNTY SEAL] Approved as to legal form and sufficiency i• Warren Sttu , county Attorney 8881C 13 ccl Fg =moo �5 .cu JJ � I � a 17 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 "Trust-e"). SECTION 1. YOUR REPRESENTATIONS, WARRANTIES AND AGREEMENT. By your acceptance hereof, you hereby represent and warrant to, and agree with, the Underwriters that: - (a) The County is a public body corporate and politic, and a political subdivision of the State of Ma a^ ,Y rri d.ul,, crganJ:c.N nd J t Aar Mrt i VII ..f �., r, a�v..a� c,Aa .1\L 4.w, YLLV�• AL 1.V VII, 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, I 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 41 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, 19©1, 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) 1.11 of the information contained under the captions "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 referred 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) . li (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 -4- 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 such 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 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 & Huie, Bond Counsel, substantially in the form attached hereto as Exhibit Cl (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 dcl+;i.ery Mortgage Loans ar:d (iiij the r.iiei;iiL'i�.:., _f , receipt and due performance of the Bonds, the Indenture, the Agreement and the other agreements -6- 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 -UI (6) Such additional certificates and other documents, agreements and opinions as the Underwriters may reasonably request to evidence performance of or compliance with the provisions hereof and the transactions contemplated hereby and by the Official Statement, all such certificates and 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 Timez (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 Staten 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; (hl Any leainlAti n. nrdinwncw. rig'e nr raoiilwtinn shall be introduced in or be enacted by any governmental body, department or agency in the State of Maryland, or a 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; (i) 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 several obligations to accept anc. 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 of t .b 1 .-.I.J for the performance by the ucuiesiwiii.esin their a,u.�ayc.�.i::+aa2 under this Bond Purchase Agreement until the Closing. In the = . event you do not accept this offer, such check shall be ii -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 AGREEMENT TO SURVIVE DELIVERY. Al]. 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. All 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- r __ 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 Under•riters. 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 Went 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 11. APPLICABLE LAW; NONASSIGNABILITY. This Bond Purchase Agreement shall be governed by the 1 awn of the State of Ma n,1 and Tn4 a O.nd Purcha as Snrann.ant shall not be assigned by either party. -12- ssee 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, BoarUCounty 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 1961 (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 of t e County. 'r h€ r nc a an interest on the Bon s shall be payable solely from the revenues and other moneys led ed therefor in the Indenture, includinginc1udingor:d proceeds, the revenues erTved from interest, �' E mortgage insurance, casualty or special hazard insurance or other insurance proceeds, condemnation proceeds, or other revenues derived ve rom the Mortgage Loans, property securing the Mortgage Loans, or other payments or revenues der' rom or relating to the making of the Mortgage Loans, and the Debt Service Insurance Reserve Fund. Neither the Bonds nor the Interest thereon shall ever constitute an indibtednoss or a charge against the general credit or taxi taxig powers of the County or an indebtedness to which the faithand credit of the Count s pledged, within the mean[n9 o an constitution, county code provision, or statutory m .tat on arid neither shall ever constitute or give rise to an = pecuniary a t of the County, nor in any event shell the Bonds be payabTi out of any revenues or moneys of the Countyother than those pledged therefor. 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 ..... .$ t 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 an 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 . ... . . . 2006 . ... . . . 2003 . . .. . . . 2009 . .... . . 2004 . ... . . . 2010 . ... .. . 200! . . ... . . 2011 . _. . . . . 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 an 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 .n 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, before 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 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 19.02 $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, 1981. 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 CUUNTY" (except as to information refacing to 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 SURETY" or 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 corporation, duly organized and validly existing under the laws of the State of Maryland, is duly authorized to exercise trust powers in the State of Maryland, and has the corporate power to take all action required of it under the Resolution. (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. Very 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 L_ 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 quwlifipd nndor Ph wg of thw strtP of Maryland to transact in the State of Maryland any and all business . 1.1 r�s rrr�riia�+n�r� Ii 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. j (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 ii 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 IH 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 i� 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 beat 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 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 Family Mortgage Revenue Bonds, Series 1981. Very truly yours, is --- i' . G-3 A RESOLUTION of the Board of County Commissioners of Washington County, Maryland authorizing The First National Bank of Maryland, as Trustee under the f 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, MARYLAID (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 the issuance of such Bonds, i it is necessary and desirous for the Trustee to enter into an _______ agreement for the investment of moneys held in the Acquisition Fund under the Indenture, dated as of December 15, 1981, pursuant to which the Bonds were issued (the "Indenture") THEREFORE, BE IT RESOLVED by the County, acting by and through the Board, thatt IL SECTION 1: Investment Agreement. The County hereby authorizes the Present of 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 defineo 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 behalf 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 orAinissioner C ss oner Comm ss oner omm ss o er - 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 Commissioneza of Washington County, Maryland, this 8th day of December, 1981. er , aod of County Commissioners of Washington County, Maryland . (L - 3 - i ^I Keceivec; Lor Ltecord Oct. Zh, 19b3 at 3:00 v. ti. 812 Acts, Ordinances and &eeolut tons for Washington -county 'Lie!- 3 Office of Clerk of Circuit Lourt tar Wsshinbton County Ma. i�— �a ON-SITE SEWAGE DISPOSAL ORDINANCb 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 Rena L. Bowe rest ent LW'„TESTZt4ONY WHEREOF, I hereunto set my hand and the Seal of Washington County thisday ofQ 1983. athryn hart, erc mss• 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 IIDEFINITIONS............ .... ..... .. ......... ......... ... 3 III GENERAL PROVISIONS AND ADMINISTRATIVE POLICIES......... 13 A. General Provisions......... .. ....... .. .... ....... . 13 B. Inspection of Sewage System Installations... ...... 16 C. Repair Policy..... ............... ................. 17 17 D. Management Authority. ................. ............ is 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 -1 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 Disposal systems. . .. . .. . . . . . . ... 43 1. General... . . . . . . . ... ... .. ... . .. .. . ... . . . .. . . . 43 2. Standard Trench Systems.. .. . . . . .. . .. . . . . .. . . . 44 I�I 815 Table of Contents (Cont.) - ii - 3. Seepage Pits. . . . . . .. . . . . . . . . . . .. . . . . .. .. . . . . 47 4. Standards for Privies. . . . . . . . 48 48 5. Holding Tank Standards. . . . . . . . ... . . . ... . .. . . 48 VI INNOVATIVE AND ALTERNATIVE INDIVIDUAL ON-SITE SEWAGE DISPOSAL SYSTEMS. , . . . . . . . . . . . . . 49 A. Introduction.1 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 Dosing System. . . . . . .. .. 54 5. Alternative ',Toilet Standards, 56 VIISHARED FACILITIES.. . .. .. . . . ,. . . . . . . . . . . . .. . . . . . . . . . . . .. 57 A. Administrative Procedures. . . .. . . . . . . . . . . . . . . . . . . . 57 B. Site Testing Requirements. . . . . . . . . . . . .. . . . . .. . . . . 59 VIII SUBDIVISION OF LAND FOR DEVELOPMENT USING ON-SITE SEWAC,E 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." 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 revised from time to time an 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. • . , C 4. he LtlL�lAlL t7111l71113 LVL a:i ZSUE lily 1_IIC ]IJI- IUII LC y vL lands 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 Severability 1. Any violation of the regulations of this Ordinance shall con- stitute a misdemeanor offenne and shall be punishable upon conviction by a fine of not less than $100 or more than S300 for 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 d- ftzr the heziri Sys - ,. .,,,. -2- 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 Board 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 present 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 ,E a,,a t am where 1 initi ii F,nm I-raarmant N�nL a a an into `h� oil ..i,., .. .... x . 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 followings = a. Chemical Toilet -- A permanent or portable non- flushing toilet using chemical treatment in the retaining tank for odor control. 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. Recycling Toilet -- A device in which the flush- . ing medium is restored to a condition suitable for reuse in flushing. -a- 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-rarrled human wastes sse,� 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. 111 '1 !II ' £321 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 earth's interconnected pore spaces below the water table, which is the upper limit of the zone of saturation. Folding 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: 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. lock 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. tack 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 Disposal 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 rarv)vAr inn_ 823 Management Authority -- The Board of County Commissioners for Washington 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 i — } -3- C 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 informa- 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 be 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- 8?5 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. Sit* 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 Kottling -- 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 semester hours) in soil science and a B.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 Agriculture -11- II 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 ir. 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 Sup2ly All potential sources of drinking water such as wells, springs, cisterns, or reservoirs. -12- 828 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 oa.pp1y or v.n-aita azwag pO3ai systaifs shall UkS jointly -13- 829 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 be 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 meets 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-sate 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 e. When any of the provisions of this Ordinance have been violated. -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 d.signed 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 the notice of completion, exclusive of weekends, holidays, or inclement weather. 6. Al]. 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 mal€unction, 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 Make appr priate repairs, pp)[uvi.ng Authority snali -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. All 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 shal. 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 w:d cha`od f c 1 i1_iaa, -la- LI ThiiRLJ jL 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 conducted prior to permit issuance. -19- 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. U.- -- S. 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 field inves- tigation to be in error, the location of the floodway or nr I -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 (Hw) Huntington silt loam, local alluvium (Hx) 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 f i.ne 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- ir r' -1- . - = '4 837 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: Distance to Feature Absorption Area 1. Property line, easement or right-of-way 10 ft. 2. Occupied buildings, swimming pools and driveways 20 ft. 3. Any individual water supply including wells, s ringa: reservnfrn, or cisterns 100 ft. 4. Water supply line under pressure 10 ft. -22- _ 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- s 838 study, for any project whenever the following conditions are noted: a. The Geologic Map of Washington County (1978) indicates that th•e 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. S. 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. II 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 he at least 7 feet, or to a depth which is sufficient to document any uniting condi- tions or to verify the existence of 48 inches of suitable 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- 840 - 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, E. Slowly permeable soil horizons, g. Soil drainage mottling, and h. Other restrictions which may be noted. 1 -25- 1� 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 4ti inches deeper than the bottom of the percolation -26- $42 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. [soles 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 teat holes. -2'- 84-3 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 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, Bu B2, BuC2, BuD2) Landisburg cherty silt loam (rcB2, LcD2) Leadvale silt loam (LgA, 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 (Tys) Warners loam (Wa) 5. Tne percolation test shall be conducted by the Approving Authority. 6. Measurement of the percolation rate shall be in accordance with the following procedures: a. After the pro-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 he permitted to drop -- to 6 inches before time recording is started. -28- nl'il'I I�lp P'plll 'pl 844 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. _ - -4 -30- 846 7. The minimum absorption area requirements for single-family dwellings shall be based upon the minimum design standard of two bedrooms for all residences, 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 Required Absorption Area (minutes per inch) (square feet per bedroom) 1-5 (unacceptable) 6-10 225 11-15 250 - 16-20 280 21-25 310 26-30 340 31-35 370 36-40 400 >40 (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: s� r 131 847 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 Induetrial 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 (] 2-hr. operation) 60 (24—hr. - operation) Rooming House Resident 60 Store, Department Toilet Room 500 -32- 848 Employee 15 Shopping Center Parking Space 3 Employee 15 SOURCE UNIT WASTEWATER FLOW (gallons per day per unit) Institutional Hospital, 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- 049 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- 850 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. A.BS 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 interceptor 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. _F c. The cover shall be designed for easy removal for 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 foet 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 sound and durable material not subject to excessive corrosion or decay. a. Treatment tanks constructed on site with mortar and concrete block or br).cK snail not be permitted for tanks with a liquid capacity of 5,000 gallons or less. -38- 8S4 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 tha liq uic ueptn. renecrar.ion or outlet battles or tees-33- 1i- 8 ► { in hori_�ontal cylindrical tanks shall be ecual to 35 percent of the liquid depth. — 3 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 he 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. h. 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- 86 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. - I d. All aerobic treatment units shall operate for not less than 16 hours over each 24-hour period. e. Al). 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 facilities, shall have sufficient capacity to accommodate peak hydraulic and organic loading imposed upon them in accordance with accepted engineering practices. D. Distribution Box Standards ciii] 1. A iistribution box for sewage effluent disposal shall be raqulrsd Wh i iivib Lhiri One (Distributor pipe is to be used. 42- 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 he at least 1 inch above the invert of the outlets. -42- 88 - 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. n�_ 859 b. Al]. 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 20% 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 4 860 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 inchesi 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 depths 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 be established by the Approving Authority in writing prior to the installation. -45- -J- • 8'1 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. lE 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 shafl 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 be installed, subject to the discretion of the Approving Authority. b) The sections of the distributor pipe shall have watertight joints and shall be 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 feet, and -4h- 82 , 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. a) 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 atone, 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 L 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 settling into the aggregate.12) The minimum depth of earth cover over the 6 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 growth of vegetation and shall be seeded with grass to control erosion. _y7_ 563 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 (10.17.02) , 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•-cite sewage disposal system. I -48- 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 Inataiiaticm is in cunformity wltn 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 Anp1l(-Atinn for the or- !t^ UT treatment and disposal of sewage. -49- .--- -- 1 - ;JJIIIi Tiii ' ___ I 865 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. -50- 866 11 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. Ail 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 Programs. 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 Offica 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 � 11 -51 • 867 proper operation and adequate maintenance (e. P . A service P P 4 9 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. 8. 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_ tern a. This system consists of a conventional septic tank, a Y P 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- IF 86 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- • 69 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 correut existing system failures) . 3. Septic Tanker 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 more 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 -5d- 1111 870 . 870 it 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 ja i t h t h. -errw r_ -- _...-_ 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. Role 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 voluma c3. Electrical provisions d. Absorption Area dl. Size j d2. Depth of excavation I ' e. Design Calculations el. Discharge rates e2. Head losses e3. Total pump head e4. Other pertinent data IL 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. -56- 872 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. SNARED FACILITIES A. Admini strati ve Procedures 1. Application for approval of shared facilities using on—site sevagge ►rettment and d 4 e-o5al eyete.me shal l he .hale to the - Washington County Planning Commission. Applications shall 87i 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 Ot 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 -54- ' t 8'75 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 be 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. -00- -I. 876 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. A11 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 e , 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 reasons 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. 'the report shall C:V nCAlfl dtl SC:L AkJLivii oL Liao np)iv'v aiiy Authority's findings resulting from either an analysis of. -61- available, technical data or an on-site investigation, and H shall state the unusual circumstances which warrant the j required hydrogeologic study. The report shall specifically enumerate those items to be addressed by the hydrogeologic study as listed in Paragraph 6 of this section. 2. The baseline criteria for the Approving Authority's 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 water table or perched water table is present; I '�- 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 I c runoff that will be directed to a sinkhole or closed dapraaainn Fr inf-�arnsl rlraingna- 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 S.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 tised 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 , throug .*i 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 I eetig, tvc tcchri uc which h+ ' -63- . 8�9 { 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 orieitation 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: 1) Depth to groundwater and its seasonal variation; 2) Direction of groundwater movement; 3) Seasonally high or perched groundwater conditons; 4) Groundwater quality: a) on site, b) upgradient, and c) dorrngradient. 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 hydrogeolog is study report: 1) The surrounding density of housing , buildings and other impervious surfaces, and the projected -b4- 890 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 lot 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. B. Land possessing the following characteristics shall be unsuitable for on-site sewage disposal: - .. - ___-, -p-- - JUTh 881 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 s 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 Plat, b. Representative cross sections which illustrate the post- pp tion and variability of on-site sewage disposal limita- tions relative to proposed absorption areas and well. p Po ? 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- 82 ft 10. Final approval of proposed projects shall be based upon the findings of the hydrogeologic study report in addition to the standards set forth in this ordinance and all other applicable regulations. I- I 9 y. II tl r O � W OFFICIAL ACTION RESOLUTION A RESOLUTION FOR THE PURPOSE OF INDICATING THE INTENT OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY ( 'HE "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 (19(36 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 Latter of Intent, to be located in Washington County and to be either owned end 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 i 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 in Thaw _Pinanninag thereof yr ftaczibGd y;an rally In the Latter oI 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 RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the authorization, issuance and sale of the Bonds 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 (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 give rise to any ne/cutnIary licbii. ty of th C_u_ -2- ` e 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 I' County to authorize the issuance, sale and delivery of the Bonds Ii 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 c,,l, under, samong oth ,.., appl i calble. F..Anr.1 nd .+4-.4- ritic -3- nthis Resolution laws and legal investment laws, (c) Reso u does not 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 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 B. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY L 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- } EXHIBIT A Letter of Intent E1II - 1 i 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 se l Ii rj i)ie ncn�u. and other ccty 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 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 I Facility will provide employment for approximately 200 people, and that within five years the Facility will provide employment for approximately 250 people. H' - 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 Institutions 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 ac " doums deveiumEir.:it of %utheGj �.,'� Gpr; ti l"� l c ent necessary to� - ,. .- necessary 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 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 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 issueed , 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 purchauers 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 Conds , ill. .,_ ray nnr 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 Cede_r n l _ ncor'" t nv n ti nn ( i nr!arH no rrrt f i rat i ons enabling the County 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 rot 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 the 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• B. A.l Vice President - Finance Accepted this day of July, 1988, pursuant to an Official Action Resolutioonpassed by the County Commissioners of Washington County on Jule , 1988, by the President of the Board of County Commissiaoners of Washington County. ATTEST COUNTY COMMISSIONERS OF WASHINGTON COUNTY Clerk Ronald L. Bowers, President Board of County Commissioners ^f Washington County � 1,7 iii" lII lql it Ii ii April 3, 1934 Hagerstown, Maryland 21740 I� The Regular Meeting of t-he 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. lion made by Commissioner 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 TTie Comm ssioners 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 Motion made by Commissioner Roulette, seconded by Downey to approve of the transfer II of $20,000 remaining in the 1979 Community Development Block Grant Program from Rehab. •.,......i.,....3 r .cd. n ri....-<... .. �..j .1 t.,.^...^.�� 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 HEARING - ADDITION OF MARYLAND SYMPHONY ORCHESTRA TO CONTRIBUTION LIST Commissioner Bowers convened the Meeting in Public ]Tearing at 1.0:00 a.m. . n regard 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 Doo..a .. o .7 c ..ti...-.. Mrr Mel.r.,n Pnaonth:.i . Proai,i f t n—f of hr, Thaarn crrilrl. ah- mitted written�documentation to justify the request, which pointed out the positive H impact the orchestra has on th entire community. Members of the Board of Directors who were present at the Meeting also expressed 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. Hr closed the Bearing at 10:30 a.m. and reconvened the Meeting in Regular. Session. M APRIL 3, 1984 MINUTES, CONT'D. FILL PART-TIME DRIVER POSITIONS Mbtion ma0eby omm1ssianer 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 y 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 Not on 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 ll(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-Preside 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. 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 y &/10 _: _-. Ostrow to change the Classification cL the PLLy ,___._a ..... �U��,.��u �, .,...mac c...,� c_ ,... 65/I-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. II RZ-275 - Motion Motion made by Commissioner Salvatore, seconded by Snook to APPROVE of the application of Roy Y. Harbaugh to change the Classification of the property located on the west side of Antietam Drive, ).00' south of its intersection with Security Road, consisting of .4 acres from "RS" Residential, Suburban to "BC" Business, Gen- eral, end to adopt the findings of fact of the Planning Commission in this case as the findings of fact of this Board. Unanimously approved. APRIL 3, 1.984 MINUTES, CONT'D. 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, Marylan consisting of 2.47 acres and to adopt the findings of fact of the Planning Commissio 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 II Motion made by Commissioner Snook, seconded by Roulette to adjourn at 4:15 p.m. Unanimously approved. Cou ty Attorney Clerk April 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 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 maUe 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 Proclamatio and presented it to Mary Lou Yeager, Executive Director of the Greater Hagerstown Boars of riealzvia. 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. Mr. 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 Commi.s- .'ond 'v raquestad y" r Ycunq �^ prv�__n a revi.sel FY 1984 Budget which would reflect recent changes made in expenditures, deferral of projects and estimated revenues. LINE_ITEM TRANSFER__-_SHERIFF'S DEPARTMENT BUDGET 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 Doonsboro had a fully 1ppcd patrol car for cala for S35no. He requested permission to use $34U0 of Gy^.;�rr...A p--- confi ^ ted money that had been returned to the County to purchase the car as a �I replacement for one of his older vehicles, The Commissioners took the request under f' advisement at this time. 13UDCET HEARINGS - SHERIFF '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 LL. Ronald Norford in the amount of $783,220; DETENTION DIVISION submitted by Lt. Wayne McAllister in the ,mount of $1 ,046,975. Mn decisions were made at this time. III jlAPRIL 10, 1984 MINUTES, CONT'D PUBLIC HEARING - AIRPORT ENTERPRISE ZONE President Bowers convened the Meeting in Public Hearing a;: 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 eligible 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 N FOR THE DESIGNATION OF AN RT RISE NE MotMotion onradedde byeCommissionerESnook,cseconded ondedniylRDevelopmentuleetoPsubmitOan application to p y or 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 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 not 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 r otTUE-i*tfade- y5yCommissioner 5nook, seconded y RouleET. o 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 - AMERICAN 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!03 in the amount of $183.11, based on the ccrtlfcation of the County Treasurer that duplicate tax statements were issued on these accounts. Unanimously approved. MOSQUITO CONTROL WORK_SPRING VALLEY_ +I 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 FIRFMFNS CARNIVAL Motion made by Commissioner Roulette, seconded by Snook to approve of closing Lexing- I tcn AvAnuq from Lincoln Avenue to Virginia Avenue during the week of June 3, 1964, for the holding of the Halfway Volunteer F. 'e company %d,uival. Uonimcu1y 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. APRIL 10, 1984 { MINUTES, CONT'D Received fox'• Record I pril 18•, 1984 at 3:30 V. M. Acts., Ordinances and Resolutions for Washin,ton t%ounty No. 3 939 Office of the Clerk of the circuit 'ourt for u, ehington Lounty RESOLUTION Ij A RESOLUTION AUTHORIZING AND EMPOWERING !j COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ISSUE, !I® 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 266-1 OF ARTICLE 41 OF THE ANNOTATED CODE OF MARY- LAND (1982 REPLACEMENT VOLUME) IN ORDER TO LOAN THE PROCEEDS THEREOF TO PACKAGING it 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 THE INTEREST THEREON SHALL BE LIMITED OBLIGA- TIONS OF CCOUNTY COMMISSIONERS OF WASHINGTON CO PRAALE S LELY FROM THEE 5ERIVED FROM LOAN s�A NTS BOYFf�PRINCIPAL AND �N1E S,�T�, MBA AI LAB FO S CH PURPOSE, NE WD TEAT ITHER SUCH REVENUE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF COUNTY COMMIS- SIONERS OF WASHINGTON COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND THAT II NEITHER.SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF COUNTY COMMIS- 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 II SPECIFY, PRESCRIBE, DETERMINE, PROVIDE FOR AND I( 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- uuhtS IN CONNECTION AI T11 TILE AUTHORIZATION, I 1 II �r issllssss!*sf� 940 . 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 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, Wi.11iamsport., Maryland (the "Existing Facility"); (b) an -2- 61 . 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 Bones and allowing such residents to appear and be heard concerning the issuance of the Bonds and theF —I 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- LI 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 righL., title ai,u in t� st i. and to, and renedi pY 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. -3- - -UI-- 942 ' SECTION 1. BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF WASHINGTON COUNTY, That, acting pursuant o the Act, 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 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 Resolutio;a, 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 annrnnriata to effect the financing of the acquisition by -rr--r- the Borrower of the Facility by the loan form of transaction. jjj 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, 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 o€ 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 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 (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 o€ this Resolution. The proceeds of the i l ._ loaned Be rower pursuant to the te_r-ins and C}SJilU2a W.L.L1 be ivaiacu to the r^_----'- 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 • 944 . 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 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 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 authorizcd officer) by his or her manual S7gnAture. 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- 945 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 S. 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 { ll o%ic truu.o �:nns contemplated by this Resolution,W1 Lil ca , u.... .. 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 946 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 ?ond 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 by 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 by 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 5 F.esoletlon are severable, and if any provision, sentence, clause, section or part hereof is held illegal, invalid or uncon-- stitutior..al or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality, or inapplicabiiity 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- 1 948 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. � SECTION 10. AND BE IT FURTHER RESOLVED BY THE BOARD OF CO SSI RS OF WASHINGTON COUNTY, That this Reso ution s; ia • tae e c rom the date of its adoption. BASS b• AND ADOPTED this 10th day of April, 1984. ATTE$T: , %r COUNTY COMISSIONERS OF "!.; WASHINGTON COUNTY Q ___ By: at r S ort Rona L. 8 s, Presl ent Clerk 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 Washington County c/o Leroy R. Burtner, Director Washington County Economic Development Commission Court House Annex Hagerstown, Maryland 21740 Re: 51,250,000 Washington County, ryland, Economic Development Peven''le Bonds (Packaging Services of Vary:snd, Incorporate: Project) Lo�ies and Gentlemen: Packaging Services of Maryland, Incorporated, a Maryland corporation (the "Borrower"), requests that County Commissioners of Washington County (the "County") participate in tha financing of the a.quisisi.on, renovation and construction of facilities herein- after described (the "Facility") located in Washington County, 'ierylar,d, by authorizing, issuing and selling its economic develop- ment revenue bonds in a principal axo•,irt not to exceed =1,250,000 (th., "3on,is"), pursuant to erections 2A through 265-i, inclusive, o. Article 41 of the Annotated (:ode of Maryland (1:r,, Replacement Y:,.ume 5 1)'13 Cum. Supp.) (the "Act"). It in :ntend,ad ti,at this letter, if accepted by the County, shall constitute a "letter of intent" ac contemplated by Section 26fA(h) of the Act. it in ;:m posed that the County loan the proceeds of the Bonds (the "Loan") to the Borrower pursuant to the ter^a and provisions of a loan or s;milar agreement to be entered into by the County an'! the Rnrrower (the "Loan Agreement"). The Lnen Agreement will require the Borrower tc use the proceeds of the Loan for the sole and exclusive purpose of f'nan•:ing the arnuisision, construction and renovation of the i'dti?.ity by the Borrower as generally described herein and the pal-men- of tc costs as pernr,i.tte? `y the Ac:t. The Ponds .'all be reriy: le by the County solely from the revenue derived from loan cepaymetiL both principal and interest) made to the County by the Boer':er pursuant to the tern and provisions of the Loan Agreement and from any other conies made available to the County for such purpose. The Borrower is a "facilit'y applicant" and "faci .ty user" tas mentione,1 in Sectic 266A(h? and (1 the the Act). 950 PACKAGING SFRVICF )P ARYLA'.n, I Cfl zrn'zATF1 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 and as may ha. aora.d to by tha AorrowAr. 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' 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 mat,rially 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 PACIGIGI::G SI:RVICLS OF '1ARYhA19, I:•'CrRnnn^•C1) 951 County Commissioners of Washington County -3- March 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 interest 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 nt crn p wr err n� �• � (I PACKAGI..f; .,PP ICI:, 'lT '1A ,YL.A. P, I....n2 RAT..n County Commissioners of Washington County -4- March 20, 1984 iF tenor and denomination) of the Bonds as actually authorized to be issued, will be acceptable to the II 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 completeo, 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 appropria.te.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 certiEEicativ'ix Quabliiig the County to certify that the Bonds are not arbitrage bonds). FACKAGINIG SFPVICES OF 'IARYLAND, I"CORPORAT'rD 953 II ii County Commissioners of Washington County -5- March 20, 1984 Neither the Bonds, nor any interest thereon, shall ever constitute an indebtednass 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 data hereof (or such shorter period if required by applicable law), the County's authorization under this letter of intent shall terminate. Very truly yours, PACKAGING SERVICES OF MARYLAND, INCORPORATED ernon E. Lit. President i G Accepted this a -' of +, 1984, pursuant to !� a Res lutia passed by the County Co scion rs of Washington County on J , 1984, by the President of the Board of County Comm s onet+s• o .Washington County. AlS1`; COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: ti K bryn hart, tlerh Ronald L. B ers, President Board of County Commissioners of Washington County f -- LJ ' rte la yE rr nn , , 11.1 } .• - I II `ate APRIL 10, 1984 ft MINUTES, CONT'D. REQUEST ADDITION TO E.D.A. PROJECT LIST II 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; Parks - $92,500, Government Facilities - $77,000; Housing - $1.3,900; Transportation - $350.00 Fire & Rescue - $61,000; Civil Defense - $3,750; Junior College - $40,850; Board cf 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 II 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 a a n,. Com- request of $109,966; United way by earl PedeLsen, Ciwaliu,a�. of the ^ ._.drin .., 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 F. 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION �I Motion made by Commissioner Downey, seconded by Roulette to reconvene in Regular Session at 6:00 p.m. Unanimously appr.ovc-d. II APRIL 10, 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 Downey 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 Mot mace ty Commissioner Roulette, seconded by Snook to appoint Marianne Jenneke tc t a Plan;;:„g Commigaion. continqent upon her approval, for a five-year term replacing Tom Dwyer. Unanimously approved. APPOINTMENTS TO TRI-COUNTY COUNCIL Moue ion marl�e 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. Unanimuus1 npprewpd. NICK ROAD - RIGHT-OF--WAY at A request was brought to the attention of the Commissioners 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 = 1 APRIL 17, 1984 MINUTES, CONT'D. RABIES AWARENFSS 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 announcement 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 rabies 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 i-on made by Commissioner DOwrie , 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 owner 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 Industri 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 - U.J. CORPORATION AND EMERGENCY MEDICAL SERVICES Motior made by Commissioner Salvatore, seconded by Roulette to excuse the personal property taxes of D. J. Corporation for the year ]982-83 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 uncollectable. 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 Boonaboro for $3500 using money which has been confiscated from illegal drug activities. Unanimously approved. POSSIBLE COUNTY PARKING ORDINANCE 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 requested to research the matLei anu Le pp ,.L ,a;k to tae Co..N iG3i.^--r... CONVENE_iN EXECUTIVr S_E_FSION Motin 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(x) (6 & 7) of the Anaotated Code of Maryland. Unanimously approved. At this time Commissioner Sno::k was excused from the Meeting. III 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. nU5 iNDUSTR1E5 - Be ase bid 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 Commuter 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 recessed at 11:45 a.m. to tape a 10-second segment for the Maryland Theatre at WHAG-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. MULTI-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 onc.i Lh L Lund counscl for the issue be selected by the County. No decisions were made at this time. BUDGET HEARING -_HAGER_STO_WN_ 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- tained in Article 76(A) , Section i i(,A) (6 m7) uC Lb,e Attd :,dc. of Maryland. 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. i; APRIL 17, 1984 MINUTES, CONT'D. BUDGET HEARING - FIRE & RESCUE ASSOCIATION The Fiscal Year 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. Attorney — 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 - IRE - 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. - II APPOINTMENT - D_EPARTMENT OF SOCIAL SERVSCES Motion made by Commissioner 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. s REQUEST F'OR UT_ILITY____F_L1TE_ STUDY A letter from Mayor Frush, City of Hagerstown, requesting the County to help with Ithe 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. II 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 �I 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 I,. Snook; Planning Commission Chairman William Wolford and Members Jack Byers and John Herbst, to consider rezoning cases RZ-279 - P? ?R2_ 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. 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 Motion „adc by cc,.!mnissionpr nownpy. seconded by Roulette to employ Roy Lougbridge 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. tor dinner. EVENING SESSION The Evening Session was convened at. 7:45 p.m. with President Bowers presiding and Vice President Roulette-_ and Commiesionors Downey, Salvatore, and Snook present. i ►1 APRIL 24, 1984 MINUTES, CONT'D. c( Received for Record "gay 14, 1984 at 230 r. M. Recorded in Acts, Ordinances & ecesolutions for wash. Co, Liber # 3 Office of Clerk of circuit court for Washington County Md. f{ THE BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, MARYLAND II RESOLUTION NUMBER 1 ' WHEREAS, Daniel Sheedy ("Developer") is developing a multifamily residential project an Abbey Lana in a subdivision known as Section A, Londontowne, in Washington County, Maryland to be known as Londontowne Apartments,Phase II("Project"), which will be owned by a limited partnership or nthar antlty to ha,created by the Develnper("(lwnar"+1 and which will onnatat ref 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! f not more than Nine Hundred Thousand ($900,000) Doilara in order to provide I, financing for the Project;and WHEREAS, construction of the Project will serve a public purpose I{ 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 1 I housing for persons of low and moderate inromo in the County; r I 955 2 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 ($900,000.00) Dollars and having such terms and conditions as shall be approved by the Board. As used herein the term 'Bonds" shall also include a note directly secured by a mortgage on the Project. 2. The Bonds shall not constitute an obligation or indebtedness of the Board, Washington County, any agency or instrumentality of Washington County, the State of Maryland or any agency or instrumentality or political subdivision thereof. A statement to this effect shall be printed on the face of all of the Bonds and in the official statement (if any) pursuant to which the Bonds are issued. 3. All documents pertaining to the issuance of the Bonds, including but not limited to the trust indenture, the bond purchase agreement, the official statement and the revenue agreement are subject to the approval of the County Attorney and of the Board. 4. The Board shall not give final approval to issuance of the Bonds until it has held a public hearing pursuant to reasonable public notice, pursuant to Section 103(W(2XB) of the Internal Revenue Code as amended by the Tax Equity and Fiscal Responsibility Act of 1982 ('TEFRA"). Adopted at a duly called meeting of the Board of County Commis- 01oners of We ington County on the -date of I�x , 1984. WITNESS as to signature BOARD OF COUNTY COMMISSIONERS r ATT$ST ae to seal" OF WASHINGTON COUNTY -- m S L � t f7 "i `s 0• -+ C 7%• &I a. 20 j o 5 ?�• 11 y 11 r r �� � � 4 ' 0 APRIL 24, 1984 MINUTES, CONT'D BUDGET WORKSHOP Ii e weB�en :45 p.m. and 11:10 p.m. the Commissioners continued their Budget Workshop I! 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. I ' Cou Attorney _ r`71 , 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 1.811.SERIMP' PROPOSAL Ron Karn, representing the Grid Numbering System Task Force, appeared before the Commissioners to recommend implementing a house numbering system to 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. II 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, CONT'D. REAPPOINTMENT - HOUSING AUTHORITY Motion made by Commissioner Roulette, seconded by Snook to reappoint Paul Horst to the 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 $22,000 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 funds 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 ottTie 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 or a evator maintenance and service for 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 - $453.00 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. Firm 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 - $493.00 Monthly, $5,965 Annually, less 5% discount for one year in advance payment. PIED PIPER PEST CONTROL - Total Base Bid - $274.00 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 servhe 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 $18.75; Sundays and holidays - plumber $35.00, helper $25.00. Repair parts and materials billed at cost plus 35%. FRIDINGER-RITCHI COMPANY, INC: Total Base Bid - $2,515 for specific services, labor rates for service 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 bid ror specific services - $6,960, lal ratca for ccrvicco 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 $28.00. Repair parts and materials billed at cost plus 25%. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - ELECTRICAL MAINTENAN�F? 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 ncrvicv, 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 $'.7.45/hr . , helper $12.35/hr. Repair parts and materials billed at cost plus 20v,. I , MAY 1, 1984 MINUTES, CONT'D. 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 officials 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, payabl in 12 monthly installments of $1,928.50; $1000 collision deductable, premium - $22,323 annually, payable in 12 monthly installments of $1,360.25. 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. -I 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 tha 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 1 Budget. III II l� MAY 1, 1984 MINUTES, CONT'D. ADJOURNMENT fit ion n maw by Commissioner Salvatore, seconded by Roulette to adjourn at 10:35 p.m. Unanimously approv d Coun Attorn y Clerk 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 ?rush of Hagerstown also presented a proclamation from the City of Hagerstown pro- claiming Special Olympics Week, PRESENTATION OF CHECK TO CITY OF HAGERSTOWN Commmsa over 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 made by Commissioner Roulette, seconded by Salvatore to employ Ronald Kidd as City/County Recreation Director at Grade 9, Step M, starting salary-$21,323. Unanimou y approved . ACTIVITIES REPORT - DISABLED CITIZENS COORDINATOR_ A9T n—Davis, Personnel Director, and Cindy Meaae, 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 - r4dNlAL HEALTH ADV13C Motion made by Commissioner Roulette, seconded by Salvatore to appoint Lynn Schlossber and Dr. Lynette Whitt to the Mental. Health Advisory Board. Unanimously approved. REZONING CASES - RZ-279 - RZ•-292 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 made by Cu,unisaiu„4.: Roule.tt4, acccnded by Downey t- APPROVE the recommendation of the Planning Commission in amendment ll.l.(a) which would put a maimum 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 e Commissioners decided to refer this amendment back to the Planning Commission and staff for further study and recommendation. H, ,, MAY 8, 1984 J1 MINUTES, CONT'D. 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 I 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 COt-1MUTER 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. WOREMANS 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 delegation to request that a x,11 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 & COMN:UNITY 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 institution req_ardinq 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 I Richard Ships, Planner I. Unanimously approved. • I � BUDGET REVIEW The Commissioners held a Budget eview and Workshop on the Fiscal Year 1984/85 budget. BID CPENING - TOURISM PUSTER/HROCHURE Bids for the tourism poster/brochure were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: SILVIA SANCHEZ, MAY 8, 1984 MINUTES, CONT'D DID OPENING - TOURISM POSTER/BROCHURE (Cont'd) INC. - Base Bid $13,000, cost for each 5,000 additional copies - $1,250. YORK GRAPHI 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 12:15 p.m. for lunch. AFTERNOON SESSION The Afternoon Session was convened at 1:30 p.m. with Commissioner Bowers presiding an 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 WILLIAMSPORT 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 th 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. iii Coon Atto n� I C1e�.n May 15, 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 ' � nvocat on w— S v3 erect-Fy Rev. Harold E. Barnett., followed by the Pledge of Allegiance to the Flag by the full Assemblage. T _ MAY 15, 1984 MINUTES, CONT'D PRESENTATION OF HISTORICAL PRESERVATION AWARD Commissioner Bowers read and presented the 1983 Annual Historic Preservation Award 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 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 Washingto 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 HOARD 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/BROCHURE 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. MINUTES OF COUNTY COMMISSIONERS MEETINGS FOR APRIL 1984 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 in fcc �i;.:..1.,.--- 9,965 �n�inra f,�et. e:e�nveY iC; revertibl Arthur and k�vaiyn Sy - ,v ay - easement 243 square feet for the sum of $1,000 pius the provisions of the supplements letter dated May 4, 1984; life tenant Charles Sanger - 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 :k5, 1994; Chessie System Railroads - grant of a permanent ease- ment over the parcel containing 1.6,020 square feet: for the sum of $],800. Unanimous) approved. REVENUE SUARfNG TRANS FFPS Motion made by Commjss.1oner Downed,, Seconded by Roulette to approve of Revenue Sharin transfers for cli.giblc expenditures in the• fellnwin accounts: highway Fund - $145,579.57, General Fund -• $39,775.37, Capital Prnier•t'a Fund - $198,168.22. ❑rani- measly approved. ii -- _ MAY 15, 1984 MINUTES, 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 7G 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 "NO". PUBLIC HEARING - INCREASE ADMISSIONS AND AMUSEMENT TAX The President convened the meeting in Public Bearing at ^.:00 p.m. to rnnri.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 Turner, 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 revmuue:o. After hearing all testimony, the 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 4:35 p.m. and reconvened the Meeting in Regular Session. MAY 15, 1984 MINUTES, CONT'D ADJOURNMENT Motion made by Commissioner Roulette, seconded by Salvatore to adjourn at 4:35 p.m. Unanimously approved. Coun Attorney Clerk May 22, ].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 Durhans 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. 'r 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. 1'nanimously approved. RECESS. The Meeting was recessed at 12:35 p.m. to be reconvened at 6:00 p.m. tVaeiso oabb1VN The Evening Session was convened at 6:00 p.m. by President Bowers, with Vice-Presiders Roulette and Commissioners Downey, Salvatore and Snook present. MEETING WITHWILLIAMSPORT TOWN OFFICIALS Glenwood French, Mayor of the Town of. Williamsport, along with Council Members and Lee Draper, Town Manager, met with the Commissioners to iequest 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 .J.. L... ..A.. ..1 7h1.. way, 7 days a week tJr Vl:tl 11.1 V11. Tilcy aancu i.iin% is iic vvoil.`.f uy.a...:.vr ..... :�.+.... :'..��.....�� for advise and design services and that the. Department of Permits and Inspections perform building inspections within the town. After a general discussion of the town's requests, a MOTION was made by ';.orrurissioner 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 considerations. Unanimously approved. (l MAY 22, 1984 MINUTES, CONT'D II AN. QRDINANCE TO PROVIDE FOR A MORATORIUM ON NECK ROAD SUBDIVISION RECEIVED POE RECORD May 29 , 1984 at 2:45 o'clock P. M. Acts, Ordinances and Resolutions for Washington County Libor No. 3 AN ORDINANCE TO PROVIDE POR A MORATORIUM ON NECK ROAD SUBDIVISION WHEREAS, Under Article 668 of the Annotated Cods of Maryland, the Board of County Commissioners of Washington County has been vested with planning and soning powers; and WHEREAS, Under Section 3.05 of Article 668 of the Annotated Code of Maryland, the Board of County Commissioners has adopted a compre- hensive development plan to guide public and private actions to insure the development of public and private properties in appropriate relationships; and WHEREAS, The Board of County Cosasissionars, under Section 3.06 of Article 663, 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, beat protect health, safety, morale, 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 Neck Road; and WHEREAS, The Board of County Commissioners, under Section 3.07 of Article 663, is empowered to amend or suspend the comprehensive develop- . ment plan so as to further the purposes of the plan pending the enactment _ n! n,w er revised xonine r aulation:a applicable thereto and the widening and iaprovamrnK of Neck Road. II NOV, THEREFORE, BE TT ENACTED: Section 1 of this Ordinance. Be it enacted by the Board of County Cosnissioners 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 approvals 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 t'r`day of ,_ , 1984 and thereafter for a period of three hundred sixty five (365) days from chat data, 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 Neck load from Falling Waters Road to Dellinger Road may be pscaitted only on an individual case by case basis as of the 3o!day 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 effect on the _ day of � ' 1984. BOARD OP COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND ATTEST AS TQ SIGNATURE'AND CORPO)AT&bRA!.: l_) �y e1�. _ Ronald L. rs, President thryn F. port, C.lar WITNESS:'i ,r Lis d B. koulette, Vice-President _ R. Lee Downey da7 . cbAAS JJn R. Salvatore• arc—{ Martin L. Snook APPROUD This day of 1984. • 1 1 . � :ti k ��` � � � \ �� \ - � ` j + .�\ � - � » <�� . . \ \ z ® . � \ . � MAY 22, 1984 MINUTES, CONT'D PUBLIC HEARING, - FY 1984/65 BUDGET AND PROPOSED USE OF REVENUE SHARING FUNDS Prea dent Bowers convened the Public Hearing at 7:00 p.m. in Court Room #1 in regard, to the proposed FY 1984/85 Budget and the Proposed Use of Revenue Sharing Funds with Vice President Roulette and Commissioners Downey, Salvatore and Snook present. After a video presentation of the budgetary process and the economic factors affecting thee, 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 rate would be set at the County Commissioners Regular Meeting on May 29th at 1000 a.m. ADJOURNMENT Motion made by Commissioner Downey, seconded by Salvatore to adjourn at 9:45 p.m. Unanimously approved. C y Att me Clerk 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 IIMotion 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 TRANSPORTATION COMMISSION 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 REHAB 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. jl MINUTES OF MEETINGS FOR MAY 1 AND MAY 81984 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, 1 1984, as amended. Unanimously approved. — RCCCLUTON TO INCREAINCREASEINCREASEADMISSIONS F. AMfi'FMFNT TAX TO 'SVt !I Ater dice coneTderation-of testimony given at the Public Hearing held on May 17, 1, .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, 1984. (Copy of Resolution attached.) A MAY 29, 1984 MINUTES, CONT'D. LINE ITEM TRANSFERS - TRANSPORTATION COMMISSION IJ 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) B00-450-040(Motor Oil) $ 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. EDGEW00D DRIVE/ROUTE 40 WEST IMPROVEMENTS The Commissioners concurred with the Traffic Advisory Committee's recommendations with 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•• 4ion of projected revenues and estimated shortfall in income tax collections, a F MOTION 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 ll(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 n.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 !�A Wrightr• r.ln Ir Were as follows: Stvuiiec Inauial,�:tr Aye:ll�;y - j2•i3,7oo, y„4 ., - 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_ II 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 ail.i ii ui - 7,JYV.1:1 �a a�u, 1. The ,..:.a.. .i .. _r ' .ced by npprorr!'ts �I 1 IlY Utlt:i.1Ctl y1 \N officials prior to a decision being rendered. (Dec(gi.on rendered later during Morninc�� Session.) � I it MAY 29, 1984 MINUTES, CONT'D. MAY 29, 1984 MINUTES, dW 'D. I cc of the Clerk of the Circ=uit Court for Washington County 9J9 liF9CQ2JTION LU. ! E S, Article 81, Section 402 of the Annotated Code of Maryland provides that any amity within the State of Maryland mny by �f. Resolution levy a tax on the gross receipts of every person, fire or �•' corporation obtained from sources within the (Xa my derived from amounts dlarged fox ado isaions and amusements. �I N W, t1U , iE IT 1 NTh That pursuant to the power and authority granted to the Board of County Ca ird sicx rs of Washington ( t y, Maryland by Article 81, Section 402, the adnisais* and 4na wants tax in Wbahington County, Maryland, shall be at the rate of Five (5%) .01 Per Cent derived from the amoaants charged for: 1. Adnission to any place, whether the admission be by single ticket, season ticket or subscription, inncludiog a cover charge for seats or tables at any roof garden, cabaret or other similar place where there is furnished a fie, if payment of the amamts entitles the patron thereof to be present during any portion of the perfonmmrr.et 2. Admission within an enclosure in addition to the initial dvssge for admission to the enloeurei 3. The use of sporting or recreational facilities or equipment including the rental of sporting or recreational equipment, and I, ganene of entertaiment; and 4. Pefneshmaent, service, or mardienclt.se at any roof gaixien, cabaret or similar place whore there is furnished a perforzonce. Admissions and a uaemanta tax may not be .imposed in MwadU ngton County, Maryland, on the gross receipts of any parson who keeps, owns, or maintaains a coin operated gain or mnx+ement device that is subject• to , 960 the license and permit requ repents of Article 56, S 20C of the Annotated Qx s of Maryland. The team "roof garden or other similar place" shall include any roam in any hotel, restaurant, hall or other place where music or dancing privileges or other entertainment, except mechanical music, radio or television, alone, and where no dancing is permiitted, are afforded the mashers, guests, or patrons in carmection with the serving or selling of food, refreshment or mu)* +d+se. The tax levied by this resolution shall be oollectea by the Adopted this .2 day of , B84. 1 CF COLWY 0CR SSIMCM OF AT'1 1 AS TQ SI2 dURE VASEfa1(�1'Q cXX*TY, MARYIJ ID AMC ATS SERL: port, c N' C: B. tie, V ce-Presdent 7lT /o.ce' fJ �� vague for sufficiency: County Attorney • r -i MAY 29, 1984 MINUTES, CONT'D. BID OPENING - PROPANE FUEL FOR SHERIFFS VEHICLES Bids 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. 1J 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.). ou .y Att rney June 5, 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 x. Lee Downey, John R. Salvatore, and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner. Roulette followed by the Pledge of Allegiance to the Flag by the full Assemblage. REgUFST_ TO ADMINISTER DOG LICENSE LAW - SPCA Sue Smallwood, President, and Dick Souders, member of the Board of Directors of the II Washington County Society for the Prevention of Cruelty to Animals, appeared before the Commissioners to recommend that the Society he authorized to enforce and admin-ister the dog licensiny lawn, iris luuiny Lite dug ljc nsing pr,'gzam, and the r1ga tc issue written citations to violators. They submitted a proposed agreement for the Commissioners' consideration. The Commissioners took the matterunder advisement, pending a review of the proposal as to its leya].ity by the respective attornies of the two Boards. JUNE 5, 1984 MINUTES, CONT'D. APPROVAL OF FISCAL YEAR 1985 BUDGETS it Motion made by Commissioner Roulette, seconded by Salvatore to approve and officially 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 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 WILLIAMSPORT 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 Salvatore, secon�e y nao o of 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. 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 SESS iON 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 il(a) (6 & 71 of she Annotated Code of Maryland. Unanimously approved. CONVENE IN REGULAR SESSION E1.on made—by Comm asianer Roulette, seconded by Salvatore to convene in Regular Session at 12:30 p.m. Unanimously approved. it it ii Lj II '� JUNE 5, 1984 MINUTES, CONT'D. BID AWARD - DEMOLITION OF OLD DETENTION CENTER Mown 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 Mot on made by Commissioner Salvatore, seconded by Roulette to employ Tina Hultzland in the position of Tourism Specialist for the Information Center, to fill the vacancy created by the resignation of Spring Ward. Unanimously approved. ADJOURNMENT MotThn made by Commissioner Downey, seconded by Salvatore to adjourn at 12:35 p.m. Unanimously approved. I j C y Atto ne �_ Clerk 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 R1 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 Barnhart 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. Poole, County Attorney Clerk 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 mambar6 "on t: vice nrnt dent Richard F pn,ilrFe and Cnmm{aRi-nners 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 jl 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 inv entcry mmp which wn,rld 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 that the main oujeutivce of producing the '' map were as follows: To aid the Agricultural Advisory Board in recommendation of II easement sales, to direct public agencies with decision on planning of new utility lines, roads and other development in rural.-agricultural 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) `JUNE 12, 1984 MINUTES, CONT'D. Land Inventory Map as an official County map and to proceed with having it printed. , �I 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 menta?. 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 �! $3362.90; Lads & Dads Outfitters, Inc. for fiscal year 1983 in the amount of $348.81;1 Rouzerville Fabricating and Welaing, 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- road Water 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 I' Mot on male by Commissioner 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 v` Michael Main, Chier or civil ueiense RHmcuu C"" any 20, Tear' e.hefn"e the Commie- sioners to request the transfer of $7,OOC in the C.I.P. Budget allocated towards I refurbishing a small lighting unit, to the new Oil-Spill unit so it can be equipped for multi-use, including lighting. NOTION 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 GOVERNING BODY �I Motion made by Commissioner Roulette, seconded by Salvatore to rap Carole Hahn and Je'. Kaylor and appoint: Luther Phillips to serve as members of the iteelth Systems Agency ,)r three year terms to expire 8;30/H7. Unanimously approved. (I i'� JUNE 12, 1984 MINUTES, CONT'D. 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-tim 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 :iasioner Downey, seconded by Roulette to adjourn at 12:15 p.m. Una ously.appro d. Ca y Attorney 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. it CHILDREN'S COUNCIL •- ANNUAL REPORT !I 'Marie I'e ersen, PresTc�ent, abc_P.ctai:U Dual, president-elect, of the Washington County Children's Council, appeared before the Commissioners to submit the Council ' 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. II APPOINTMENT TO UTILITIES BCARD c uy .V..uNl tiOlVlIC 1. .(V1.11C�.Ltl, c: wiicu i. Jlfl., nvuesi w. ,Uln iilyni l� to serve as an ex-officio non-voting mcmber of the Hagorntown Utilities Board. Unanimously approved. II RF./APFOiNPMEN'PS TO CHILDREN'S COUNCIL Motion made by Commissioner Salvatore, seconded by Roulette to reappoint Robert I� Hull and appoint Rev. Lawrence Conway, Sandy Burtner, and Barbara Eardley to serve IIfor three (3) year terms as members of the Washington County Children's Council. Unanimously approved. ii - --- -- JUNE 19, 1984 MINUTES, CONTD. 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 approved RIG.TIT-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 acquisition I' 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 Roulette asswueu Lim Chaa i.i:. 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 IIBids for the Tom's Road Bridge Project were publicly opened and read aloud. Firms If participating in the bidding and their proposals were as follows: Building Systems, r1291,95C, Richard F xl;np; 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 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- taineu in Article 76(A) , Section 11(a) (6 &7) of the Annotated Code of Maryland. Unanimously approved. RRrONVRNE IN REGULAR SESSION Motion made by Commissioner. Roulette, seconded by Salvatore to reconvene i„ i<i:yul.r 1 Session at 12:15 p.m. Unanimously approved. IH ADVERTISE CUSTODIAL POSITION -_MARTIN LUT}H]R KINGCENTER Motion made by Commissioner Downey, seccnded by Salvatore to approve of advertising I the position of Custodian/Watchman for the Martin Luther King Center, with this I` salary to be shared equally by the Board of Education, Child Development and the County. Unanimously approved. I! JUNE 19, 1984 MINUTES, CONT'D. e 6/12/84 RESOLUTION . II � 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 ji 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, II 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 Ij Guaranty Agreement); appointing a Trustee and Bond Ij 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 H determinations with respect to certain of the provisions of the Bonds; authorized the private (negotiated) sale of the Bonds; pro iii - 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 eterminations made by the County ink 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 and delivery of $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 principa] 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 CF WASHINGTON COUNTY, that the Bonds shall a dated as o t e atd a of Y ip r�de3.ivery 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 Bow-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), allu 5i1R1.1 L;uI"i.0 it l.11e teji-fia aj-,d 1..V11'.AL .s of, and be in d ..iytan tially the form of, the forms of bond attached hereto as Exhibits 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 ft- 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. I' 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, that 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 e 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 S. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, that the Lcan Agreement, €ie Note, the DeedI 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 defined in this RPgn1iitfnn shall have the meaning set forth in the Loan Agreement. SECTION 9. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, that the President 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 be 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- 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. 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 Press ent of the Boa-rte oTCounty Couunissior.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 rQpei expedient SAL CO-LME--tior, wiLAS L,Ic i+aauaiI¼.c, sala and delivery of the Bonds and the making of the Loan. -5- 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 agreed to act on beha f 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 Reso ution 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 bc. part of the terms and ndJ'.- 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 Resolution s1ia1T take effect on this sy 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 JUNE 19, 1984 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 roved. l 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 cost 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 Schiotterbeck 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 as a de G'bi:,:w untily the ��=• ^a--. AttOrnty dc t crmines :.hehher or not they r'n legally participate with a contribution of $1400.00. ADVANCE TO SANITARY COMMISSION FOR HIGHFIELD EASEMENTS I� Motion made by Commissioner Downey, seconded by Roulette 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 �f interest is eligible for repayment under the Farmers Home Administration Grant. Unanimously approved. II INCLUDE CA.SALINDER COUNTY'S WORKERS COMPENSATION PLAN ...,dc b., CO"l�nlnr_.. -A n„! t nnnria*li her nrrt.rnE•v to anor-ove of the inclueindl ofWCASA employees under the County's Workers Compensation Insurance, Unanimously approved. "ON BEHALF OF" BOND ISSUE �I Motion made by Commissioner Downey, seconded by Roulette to agree to participate in the "On Behalf Of" State Bond Issue for Single 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 Motion own made by Commissioner Downey, seconded by Snook to enter into an Option Agree- ment with Martin Van Buren Bostetter, Jr. to purchase approximately pproximately .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 y Commissioner Roulet€e, seconded y Downey to reimburse the Human Devel- opment Council $650.00 for the costs of repairing the plumbing and boiler at the it former Surrey School. Unanimously approved. LINE ITEM TRANSFER - RECREATION COMMISSION Motion made by Commissioner Roulette, 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 O on made by Comm as oner 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 raiaed 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 nt ke the loan. The 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 qnded by Downey and unanimously approved to proceed with this conveyance. (At%wWn rescinded September 4, 1984.) ADJOURNMENT Motion made by Commissioner Downey, seconded by Roulette to adjourn at 12:00 noon. Unanimously approved. L ty Att me Clerk II July 3, 1984 Hagerstown, Maryland 21740 ® I 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 FY 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 an-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 Imosquito control work to be performed by the Maryland Department of Agriculture for 1 the Washington County Sanitary District at the Wright Road Pumping Station, at no Ijcost to the county. Ondilim-5ly apprav w. APPOINTMENT TO ECONOMIC DEVELOPMENT COMMISSION Mot cs, ma Com Ia stoner 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 s_ selected by the state treasurer's office to administer the Maryland Investment Pool, and to give a pr .. ticn .. this inr,earmArir alternative being offered to uiiue 6o=,. .:..-.... local governments. They stated that an organization like Mercantile, which invests i 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. it I' JULY 3, 1984 II 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 residents 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 Rupperaberger, 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 M€irr due considerat on 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 t 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 BL (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 Notion 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 (Conservation) 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 `Fao P1 nning CcmmisSinr. In this Case as the findin— of fart of this Board. Unani- mously approved. REZONING 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 iBoulevard, Hagerstown, Maryland, consisting of 5.8 acres in Washington County from RN (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 !I Board. Unanimously approved. 'Wr.nMTUG' ('ASR 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 I! 4.27 acres from BL (Business Local) to BG (Business General) with the conditions that there be no bowling alleys, skating rinks, or truck terminals. Motion died for lack of a second (RE 287 continued below) . At this time Commissioner Snook returned to the Meeting. (i I I� j JULY 3, 1984 MINUTES, CONT'D. REZONING CASE 268 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. i 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 contribute to the Downtown Assessment District during the current fiscal year since procedures for being added to the County's contribution list had not been followed. MINUTES OF COUNTY COMMISSIONERS MEETINGS If 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 saute. Unanimous) 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 oz Cruelty to Animals under the County's Health Insurance Program, with the Society being responsible for payment of 100% of the insurance premiums. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Roulette to convene in xecutive Session at 12:50 p.m. in regard to personnel and litigation, pursuant to the authority contained in Article 76(A) , Section 11(a) (66 7) of the Annotated Code of Maryland. Unanimously approved. JULY 3, 1984 MINUTES, CONT'D. RECONVENE IN REGULAR SESSION Mot on made by Commissioner 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. o ty At or ey 2t ;: ::; :;L ' , Clerk 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 nvocat on was delivered by Commissioner Downey followed by the Pledge of Allegian to the Flag by the full Assemblage. PROCLAMATION - WASHINGTON COUNTY DAY IN MEMORIAL STADIUM • on made by Comm ssioner Salvatore, seconded 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 vanH ,Director o Housing and Community Development, appeared before the Commissioners to submit proposed project.s 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. vanHilet 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 a vL.ry grcd chance of 3.i_nng Approval as I a County project. The Commissioners took the matter under advisement at this time (Decision rendered later during Morning Session.) SOUTH COUNTY PARK PROPOSAL Robert Hogan, temporary cTiairinan 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 consideratio for the development of a south county park. He also requested that a 90-day moratori be imposed onany development of the Mt. Briar Wetlands Reserve. Bill Stachoviak, Parks Planner, explained the process used in selecting the Chestnut Grove site, and Russ Keener, Chairman of tite Par„ ard, . tat.^.d thet p1Anq to develop a park in the southern part of the county were the result of citizen requests. The Commissioners 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. - I JULY 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 Partnerahi 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. II RESOLUTION - LONDONTOWNE II DEVELOPMENT After due considerationo a the ma Eers 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 Lane, 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 the Meting in Public Hearing at 11:15 a.m. to give the citizens of Washington County an opportunity to appear and give testimony regarding 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 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. ii At this time Commissioner Downey and Salvatore were excused from the Meeting. REAPPOINTMENTS TO ECONOMIC DEVELOPMENT COMMISSION an ma e y omm ss oner 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. II ADVERTISE FOR BIDS - HARPERS FERRY ROAD GUARDRAIL PROJECT (i II of on ma e yCommissioner iiiionerI6UTette, seconded by M Rc 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 maTe1y�ommissioner ôuld€te, seconded by Snook authorizing execution of the Agreement 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 Met on ma a 5y ComnIissioiier foul seconded by Salvatore to accept the recommen- dation of the County Coordinating Committee and select the following consultants to provide design services for repair/replacement of county bridges: Old Millbrook Road Bridge - Fellows Read & Associates for a fee of $7,200; Beaver Creek Church Road Bridge - Kennedy Porter for a fee of $5,650; Marble Quarry Road and Warner Hollow Bridges - Associated Engineering at fees of $4,900 and Sb,44u respectively, with a 60 day delay to be imposed upon the Warner Hollow Project. Unanimously approved. SUBMIT BLOCK GRANT PROJECTS Mahon made�y Comm%saioner Salvatore, seconded by Roulette to submit applications H to h:UD for. Funkstown Water Systems Improvement and Sharpsburg/KeedysviIle Sewer System for Conmmunity Development Block Grant Funding in the amounts of $480,000 per project. Unanimously approved. JULY 10, 1984 MINUTES, CONT'D. CONVENE IN EXECUTIVE SESSION Motion made by Comm se 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 .+ r� _ ¢* , Clerk July 17, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 900 a.m. by the President, Ronald L. Bowers, with the foillowing siembers 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 BC (Business General with the conditions that bowling alleys, skating rinks or truck tesz"inals will NOT BE PERMITTED. Unanimously approved. GREEN LANE ROAD EXCHANGE Raving 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, secondea by Roulette and unanimously approved to proceed with said exchange of property. HOME RULE COMMISSION having considered the proposal o€ 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 a state mandate, a MOTION -- made by Commissioner Roulette and sernnded by Snook to 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 Annette vanHilst, Director of the Department of Housing and Community Development, and Executive Director of the Washington County Housing Authority, appeared before the Commissioners to present a status report on related projects. She reported on houai. rcjec�a rehab. Mork grant and inha hill applications, technical assistancell a Cam`.being ....� on housing bei provided to the towns, builders, realtors and lenders, and the 24- hour supervised shelter and energy conservation programs. Ms. vanHilet said that Blur: 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 developmrs to make use of the programs available to them. In answer to some inquiries from the Commissioners, Ms. vanlilst agreed to present projects to them for approval in as expeditious a manner as possible. 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 gree! flt will require the Borrower to use the proceeds of the Loan for the sole and exclusive purpose of financing the acquiesi- 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" 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 ?t the F.xistinq 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 IF 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) al] 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 nrnnn[ard financing and acquisition are consummated. it 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 i.tcrcct on the Bonds anfijprt to federal 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- . d by this lette of intent eh_71 not havf nrr'srrwd within Y..�w a.t:u a.�ao v twelve months from the date hereof (or such shorter period if 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 PROFESSION CENTER PAR I By: Gerald F It , D.P . , General Par e Gerald B nc a e, D.D.S. , General. Partner Norman Thrope, D.D.S. , General Partner au Mauric lo, M.D. , General Partner A en .o M.D. , General Pa tner. th 4.. o July, Y 984 pursuant to H4C:G�/4C4A uaio oar v �j , , r��-------- _— Resolution passed by the County Commissioners of Washington County County Commissioners of Washington County July 3, 1984 Page 7 on July //x1984, by the President of the Board of County Commissidners of Washington County. ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: a ryn . S .ort, er Rona L. o a, res� ent Board of County Commissioners of Washington County p � ___ I; -—I--- fli_ -- --, _ - L. ' w JULY 10, 1984 MINUTES, CONT'D. RESOLUTION A RESOLUTION AUTHORIZING AND EMPOWERING COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ISSUE, SELL AND DELIVER, AT ANY TIME OR FRO4A TIME TO TIME, ITS REVENUE BONDS IN A PRINCIPAL -- AMOUNT NOT TO EXCEED $1,850,000 PURSUANT TO THE PROVISIONS OF SECTIONS 266A THROUGH 266-I OF ARTICLE 41 OF THE ANNOTATED CODE OF MARY- LAND (1982 REPLACEMENT VOLUME) IN ORDER TO LOAN THE PROCEEDS THEREOF TO OAK HILL PRO- FESSIONAL CENTER PARTNERSHIP, A MARYLAND PARTNERSHIP, FOR THE SOLE AND EXCLUSIVE PURPOSES DESCRIBED IN THIS RESOLUTION; AUTHO- RIZING TEE PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ACCEPT, ON BEHALF OF COUNTY COMMISSIONERS OF WASHING- TON COUNTY, THE LETTER OF INTENT FROM OAK HILL PROFESSIONAL CENTER PARTNERSHIP, TO COUNTY COMMISSIONERS OF WASHINGTON COUNT I DATED JULY 3, 1984; APPROVING, PURSUANT TO NOTICE AND FOLLOWING A PUBLIC .HEARING, THE ISSUANCE OF SUCH BONDS; MAKING CERTAIN LEGISLATIVE FIND- INGS, AMONG OTHERS, CONCERNING THE PUBLIC 11 BENEFIT AND PURPOSE OF SUCH REVENUE BONDS; PROVIDING THAT SUCH REVENUE BONDS AND THE T ON LL BE LIMITED�Lf5 TI= OFY cOIe1Iss1oFlERsF , !P L$ SOLELY FR REVENUES DERIVED FtAN N F'ff 3 fl1PAL AND 1 1`IT > NDCF- RES Edl1 SHALL R STIT[ITE MN INDEBTEDNESS k A LARGE A iNST UEBt CREDIT OR TA3f!Nla OAS OF COUNTY COC IS- STONERS TF-'WASHINGTON C&UN'L ' BIN £ _-CWffITLf'i''fhNXXL ART FW V1 TON OR-S ATUTOTtY LIMITATION AND THAT NEITHER SHALL EVER C" 1 TI E1 GIVE RIS i ANY PECUNIARY=IA IU OF COUNTY GL 5IS- j O WASHf ,(i' �UWlV; A IZf D OWERIl5 THE PRESIDENTTHEE 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, T Y.Ttlff ofre VARIOUS DETERMINE, PROVIDE FOR AND rfc•..,.... OTHER MATTERS, DETAILS, DOCUMENTS AND PROCE- DURES 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 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 and improvements to (aj an existing office located on aiproximately .04 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 asp 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 •, 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 s&me 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 l..vualiy-aer a tit, ts,tic arid a. aaa and w, ....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 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 dnd 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- F- - 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 tom 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, at. 1. L� 11 1....\.. t... 61 —.3 - L J'%.IaG1 w1\.11 2.44 LV4l1 Ay1QQNIQif 1r, VViiQlr t.i VQ� I LA90. 0V14" uV2.t.L 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- I , (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 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 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 available office space in Washington County, Maryland. SECTION 2. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OWASHINGTON COUNTY, That the County hereby approves & 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 (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 J R A.L- •..-— A. A... L-. ' .i 1 .. tL.a e................... j,Ib{JVIDIVIlY Ml ulv uvaat f'j I. L. uc J.a VLLVW L. 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 OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the President of the Board is hereby au ort� ized, 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 ixecuted 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 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- rized 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 .very ofthe 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; ft (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 ltl cons iuwatad; -7 jI - (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) 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) 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 - �...i- ■1.Lo..-t. o. - Rezolutio . ----- --- that +4, L1 nnl'0 _..__..._.. JJ'JI LAMIClf LO. f9.L f..anJAyff 1.1f1O flcoV1Y L.A Jff 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- f mauce by the trustee for the Bonds or the purchaser or purchasers I 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 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 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, That the provisions o is R Iution are severable, and if any provision, sentence, ..1gage a.rtinn nr ►part harnnf is hvlel i11at,r1 4nvA1id or uncon- stitutional or inapplicable to any person or circumstances, such illegality, invalidity or unconatitutionality, 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 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 i£ 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 ihIil be 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 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 shall take effect from the date of its adoption. PASSED AND ADOPTED this/L. day of July, 1984. ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY a yn By: K S urt Rona L. s, Pres Clerk Board of County Commissioners of Washington County ue -10- EXHIBIT A LETTER OF INTENT I 1 EXHIBIT B CERTIFICATION OF PUBLICATION i,+ JULY 10, 1984 =-=:_ _ MINUTES, CONT'D. 1 I 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, 1884, ("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 11"(hereinafter called"Project"),and WHEREAS, the Meretantile-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 MYiw applicable elected representative"of the issuing governmentai unit aity a r.,.. hearing following reasonable public notice,and ii • — 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 for 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. . Each of the Bonds shall expressly recite: "Neither the United States of America nor any agency thereof nor the State of Maryland, nor any agency c?r p,iit: ai subiivixiun thereu:, uUicr Ui ii - 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." i 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. S. 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 and other r ' ' "^ e' 'hall be agrzed upon 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 'U Iti rea ent JULY 17, 1984 (MINUTES, CONT'D. STATUS REPORT - SANITARY COMMISSION Paul Waggoner, Chairman, acted as spokesperson for the Washington County Sanitary 1Commissj.on, 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 1 preliminary information regarding improvements to Lhe Halfway TYeeLment Plant indi- cated that it may be more advisable to build a new plant. The Commissioners express 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 Commissioner 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 ssioner 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 supplemental letter dated June 11, 1984. Unanimously approved. POTOMAC CREST STORM WATER MANAGEMENT FACILITY Motion made by Commissioner Snook, secon3echy 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 i 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. tc 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 mhde by Comm ssioner 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. PROCLAMATION - HUNGER MONTH Motion made by C omm ,esioner Roulette, seconded by Downey to Proclaim the month of I, September 1984 as Hunger Month in Washington County, and 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 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, litigation and property matters, pursuant to the authority contained in Article 76(A), Section Iitniib d 7) cif LIIC 1! Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Roulette to reconvene in Regular. Session at 12:35 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 Domer 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 RaV ng 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. Adeisberger, 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" oucl approve& Corn- missioners to convey public pLvyeFLy. vn.;.. � _ _ RE/APPOINTMENTS TO AREA AGENCY ON AGING ADVISORY 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 1, 1986. Unanimously approved. ADOPT STORMWATER MANAGEMENT ORDINANCE Having received no comments from the holding of a Public Hearing on July 10, 1984, at which no - « d Mnmrnw wra made by Commissioner public LtlbL1111V11]' wuo r�awv.". .-�.�. _ Roulette, seconded by Salvatore and unanimously approved to adopt a 5tGrmwater Man-- agemont Ordinance for Washington County to become effective July 28, 1984. (Copy of Ordinance attached.) AMEND PURCHASING POLICY TO INCLUDE HUD RF(1UIaBMtiNTS 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 handicapp business enterprises. Unanimously approved, I � JULY 24, 1984 MIWUTES CONT'D. I . r. . Received for Kecord August 30, 1984 at 11:18 A. $. Record�,d. in Acta, Ordinances and Kesolutiona (Weanington County) Liber 3 968 Office -of Clerk of Circuit Court AN ORDINANCE FOR 1, STORMWATER MANAGEMENT IN WASHINGTON COUNTY, MARYLAND ADOPTED July 24, 1984 I 969 Table of Contents Article Pale I. Purpose and Authority . . . . . . . . . . . . . . . . . . 1 II. Definitions . . . . . . . . . . . . . . . . . . . . . . . 1 III. Applicability . . . . . . . . . . . . . . . . . . . . . . 4 3.1 Scope . . . . . . . . . . . . . . . . . . . . . . 4 3.2 Exemptions . . . . . . . . . . . . . . . . . . . . . 4 3.3 Waivers . . . . . . . . . . . . . . . . . . . . . . 4 3.4 Variances . . . . . . . . . . . . . . . . . . . . . 5 IV. Stormwater Management Plans . . . . . . . . . . . . . . 5 4.1 Review and Approval of Stormwater Management Plans . . . . . . . . . . . . . . . . . 5 4.2 Contents of the Stormwater Management Plan . . . . . . . . . . . . . . . . . . . . . . 6 4.3 Design Revisions . . . . . . . . . . . . . . . . . . 8 V. Permits . . . . . . . . . . . . . . . . . . . . . 8 5.1 Permit Requirements . . . . . . . . . . . . . . 8 5.2 Permit Suspension and Revocation . . . . . . . . . . 8 5.3 Permit Condit ions . . . . . . . . . . . . . . . . . 8 VI. Stormwater Management Criteria . . . . . . . . . . . . . 9 6.1 Minimum Control Requirements . . . . . . . . . . . . 9 6.2 Stormwater Management Measures . . . . . . . . . . 9 6.3 Specific Design Criteria . . . . . . . . . . . . . . 10 VII. Surety Requirements . . . . . . . . . . . . . . . . . . . 12 7.1 Type of Security . . . . . . . . . . . . . . . . . . 12 7.2 Conditions of Surety . . . . . . . . . . . . . . . . 12 VIII. Inspection . . . . . . . . . . . . . . . . . . 13 8.1 Inspection Responsibility . . . . . . . . . . . . . 13 8.2 Inspection Reports . . . . . . . . . . . . . . .. . . . . . . . . . . . . 13 8.3 Conditions of Approval . . . . . . . . . . . . . . . 13 8.4 Inspection for Preventive Maintenance . . . . . . . . . . . . . . . . . . . . 13 970 Article Pa e IX. Maintenance . . . . . . . . . . . . . . 14 9.1 Commercial,.Industrial, or Institutional Developments . . . . . . . . . . . . 14 9.2 Residential Development . . . . . . . . . . . . . 14 X. Appeal . . . . . . . . . . . . . . . . . . . . . . . . 15 XI. Severability . . . . . . . . . . . . . . . . . . . . . 15 XII. Violations . . . . . . . . . . . . . . . . . . . . . . 16 XIII.I. Adoption . . . . . . . . . . . . . . . . . . . . . . . 16 .r. 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 stormwater 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 38-11A-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 II 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 inter- 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) "%Appl1c.nt" m..anc any person, firm or governmPnf'a1 a .ncy who executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project. - 1 " 'lll, 'lli II 972 ' (4) "Aquifer" means a porous water bearing geologic formation generally restricted to materials capable of yielding an iii 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 LI 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. It __ ■u.er 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 evil 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. __i:1 (24) "Variance" means the modification of the minimum stormwater management requirements for specific circumstances such that strict adherence to the requirements 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, i_. creek, ditch, channel, canal, CORciuiL, i:iiivcas, drain, :...tcrmy, 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 APPLICABILITY Section 3.1 Scope. 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 Waivers. 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, drawing*, and any other information that is necessary to evaluate the proposed development. A separate written waiver request shall be required in accordance with the r If h--- .•.►ys��.Ant AA.lirinnn; extensions, provisions o£ i,i�in nei:�l.vu +�� %ucio v..a �-... _ _____ 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 outfalla 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 Stormwater 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 Stormwater Management Plans. (a) Two (2) copies of the stormwater management plan or an applica- tion for a waiver shall be submitted to the Waeh!ngton County Engineering Department by the developer for review and approval for any proposed development, unless otherwise exempted. The stormwater management 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 tll 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 stormwater 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: (1) 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. - 6 - 9'7'7 (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 stormwater 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 aenuence 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. (8) Construction specifications. (d) Other pertinent information as reasonably may be required. _ 7 978 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. rj ARTICLE V PERMITS Section 5.1 Permit Requirements. II 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 unlea& 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 violations) of the conditions of the stormwater 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 Permit 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 STORMWATER 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 (S8-9A-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 stormwater 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 Control ALu6tifi,.LiVII FOM1 i Ue krcj'F SLICU by LIlt person developing land for rejecting each practice based on site conditions. 4 u 980 g� {Ir 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 systems 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 of hydrograph timing modifications of the proposed devel- - _ opment upon a dam, highway, structure, or natural point of restricted streamflow, established with the concurrence of the County Engineer, downstream of a tri'hutary of the following size: (1) The first downstream tributary whose drainage area equals or exceeds the contributing area to the pond; or (ii) The first downstream tributary whose peak dis- charge exceeds the largest designed release rate of the pond. - 10 - 9811 (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, ur natural point of restricted streamflow. (4) Small pond approval shall be obtained from the Soil Conser- vation i= District or the Water Resources Administration pursuant to Natural Resources Article 48-803(b). (c) Off-site structures to be considered: (1) Shall have a contributary drainage area not in excess of 400 acres unless, on a case-by-case basis, a larger i= 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 Co Natural Resources Article 18-803. (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 un the average use of the land in question for the five (5) years preceding the proposed change in the utilization of said land. (e) The developer shall give consideration to incorporating the use of natural topography and land cover such as wetlands, ponds, natural awales, 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 stormwater management plan does not rraat•n nr affect any am., rinht n. • 982 (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 Hydrology for Small Watersheds", Technical Release No. 55, January, 1975. (2) "Storm Water Management Pond Design Manual", Maryland Association of Soil Conservation Districts, June, 1975. (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 coat 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 rr1 nlnna nnrl o..orie4,.. -Inn.. - 12 - • 983 ______ • ZtLtL,4 VAS . INSPECTION Section 8.1 Inspection Responsibility. Construction of all stormwater management facilities shall be subject to inspection by the County Engineering Department. All 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 en 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. LTII - 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 *hall 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 purpoeee 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. ?4 i.m IS YIII1yY 985 (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 stormwater 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 (l5) 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 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 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 ARTICLE XII 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 TTi'e.W&sh�.ngton County Stormwater Management Ordinanceis hereby adopted'on ths1 r .2V & day of , 19 , and . betomed effective the gF day o , 19 [. Ip, Ronald Z-. Boers, President of the oard f County Commissioners ' of Washin€tont County do hereby certify that the within Stormwater Manage- ment,Ord€nance'was unanimously adopted b the County Commissioners of Washig tpn tquiity,.Maryland, on ___, 19 Ronald L. were, President Board of County Commissioners of Washington County, Maryland ATTEST: Kathryn . Short; C ark Board of County Commissioners of Washington County, Maryland - 16 - ii cD L . r7 ty •i - J T ro o.mo 'u G� Ir JULY 24, 1984 MINUTES, CONT'D. SANITARY SEWER HOUSE CONNECTIONS/MAUGANSVILLE PROJECT Glenn Dull, County Engineer, appeared be ore the Commissioners to request a decision, 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 Edudation 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 Commas ones 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 WEIGHMASTER INSPECTOR FOR LANDFILL Motion made by Commissioner Salvatore,seconded by Roulette to accept the recom- mendation of the Landfill Director and employ Charles S. lies in the position of WPiahmaster/Inspector. 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 b _ � y Comm� oner 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 ]. v-offs, with said matching funds to be allocated when the programs gets underway. Unanimously approved. ii ADJOURNMENT Motion made by Commissioner Snook, seconded by Roulette to adjourn at 11:25 a.m. H unanimously appr ed. C y At orney ___ / �'��� � 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 e Invocation was deliirednissioner Downey, followed by the Pledge of Alle- giance to the Flag by the full Assemblage. ACTING DIRECTOR - COMMISSION ON AGING BOARD Mot on made by Commissioner Snook, secon s y 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 y Comm ss oner Salvatore, seconded by Snook to appoint Delbert Summervil 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 • on 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 oTWe request from the Boonaboro 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 t on made by Commissioner Salvatore, seconded 1y 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 mot1on —by Comm ssioner 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 6 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION 0 on ma e—6y . To eer Snook, seconded by Downey to reconvene in Regular Session at 10:00 a.m. Unanimously approved. CONTRIBUTION TO WILSON BRIDGE RESTORATION PROJECT o e onne y, ChIa3rpsrson of-"Save—The WilsonBridge Committee", appeared before the Commissioners to Le et the with a check ir, the amount of $1400. She said that the money wan 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 II Wilson Bridge. AGREEMENT OF RESTITUTION - RICHARD F. KLINE, INC. Robert Haile, aCFer, AeaTatant Attorney Cenerar wwi.th 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 I to repave $175,000 worth of Washington County roadways as restitution for conspiring to rig bids on i,Lo,�eCts iucd by the r,niinty government. He also stated that the Attorney General's Office wiii recommend to the state Board of Pubil.c works that Kline not he 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 it I� ii f JULY 31, 1984 MINUTES, CONT'D. CHANGE ORDER - DEfiENT1ON 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 Mot on made by Commissioner Snook, seco—n ed 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 EQUIPMENT 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 totals 2 Chemical & Materials Spreaders, $9,230 per unit, 518,460 total; Utility Body, $4,000. Valley Supply & Equipment Co. - Landfill Compactor, $158,000. Massey Ford - 2 1985 chassis and cabs with 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; 2 half-ton pick-up trucks, $9,9461 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 Welding and Steel Inc. - utility body, $4,100; 2 chemical and material spreaders, $9,975 per unit, T ,950 total; service truck, $31,991. Martin Truck Corp. - 1-ton chassis and cab, $11,688; 2 , ½-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, $31,737. Frey Motors 2 1985 chassis and cabs - 552,383 per unit, $104,766 total. The bids will be reviewed by appropriate officials prior to a decision being renderel, 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, su p1 yellow paint, $3.93 per gallon, white paint, 53.90 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 e w 11 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 S10,580 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 I commission at i1;3 to concr kezoning Case 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 j ® I any resident of Washington County to appear and testify concerning the application Iof 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 4.27* acres, from its present Business, Local (BL) zoning to Business, General (HG) 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. 1 his application. There being no one else present to speak neither for nor against H L. r Wolford nnnni,nA rhnt the Record would be kept open for ten ', i days tl 6a1.s C,fore.., M (10) days for teat.imony to be submitted in writing, after which time the Planning !� Ij � i I II! 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 Motion med'e by Commissioner Salvatore, seconded by Snook to adjourn at 11:45 a.m. Unanimously approved. v3iu, Y Attorney _ _ ,Clerk August 7, 1984 Hagerstown, Maryland 21740 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 Motion made by Commissioner Downey, seconded by Roulette to approve of the Minutes of County Commissioners' Meetings of June 26, July 3, 10, and 17, 1984, as submitted. Unanimously approved. AWARD BIDS FOR LANDFILL EQUIPMENT Motion 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 Highfieldl Water Project, with this amount L.. uc repaid from the proceeds of the FArmera Home Administration loan. Unanimously approved. TAX ABATEMENT - SHELL BUILDING #2 Motion made by Commissioner Roulette, seconded by Downey to approve of the abatement of taxes for Shell Building 162 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 mace by Commissioner Roulette, seconded by Downey to award the bids for the o1Ting Roads Department equipment to Hoffman Chevrolet who submitted low bids: ,2 to i ck4 trr rka - $19.R92: one-ton chassis & 19tl9 9-poor sedan - $10,23 , `::o �, B-....._ cab with diesel engine and utility body - $14,539. Unanimously approved. I( Motion made by Commissioner Downey, seconded by Roulette to award the bids for the o1TTing Roads Department equipment to John C. Louis who submitted the low bids: Asphalt paver - $24,515; vibratory roller - $29,759. Unanimously approved. �I Motion made by Commissioner Roulette, seconded by Downey to award the bids for the following Roads Department equipment to Antietam Equipment who submitted the low bids: two snow plows - $6,898; two chemical. spreaders - $13,566. Unanimously approved. ii AUGUST 7, 1984 MINUTES, CONT'D. OBJECTION TO SPECIFICATIONS FOR CHASSIS & CABS ® 1 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 1, 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 specifications 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 $3.90/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 atatu.te 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 s 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. IRAN 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 Maugansvi.11e/Orchard Hills Sewer Hook-up , Program for landlords. Unanimously approved. UY1'd UN_ACi Hk:Y:MGLV'1'J — t1UWG}l AVC:N IJG UWi1NRlir' YItIJJ CI_'1' Motion made by Commissioner Downey, seconded by Roulette Co 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- I 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 stun of $925; Quinton V. Frey, II James F. Sheehan and Bobby R. Stoker, T/A Aberdeen Associates - convey in fee simple 111,136 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 ( $475. Unanimously approved. ADiOURNMENr I", Motion made by Commissioner Roulette, seconded by Downey to adjourn at 12:35 p.m. Unanimously approved. C y Attorney Clerk ,~—�-- -' — August 21, 1984 ' Hagerstown, Maryland 21740 4 Y The Regular Meeting of the Board of County Commissioners of Washington County was I:I 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 conveyancell of the former Surrey School Property to the Washington County Hospital Association, ini 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 (BGl 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 rewannnhle. 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 cabs 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 I' their consideration prior to awarding the contract. II ADOPTION OF PARKING RESOLUTION After due consideration of all the matters and facts adduced at the Yubtic nearing held on August. 7, 1984, a MOTION was made by 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 by the Hagerstown Exchange Flub. II WASHINGTON COUNTY gDADS DEPARTMENT p1 NORnd LN AVMW _ ; $*Q& $T01NN,NANVLANO 21740 TtlgM11K aOM 7314140 The Court House U V1 lG WAS1QKiTON OOUNTY 6"M1e73 October 31, 1984 MEMORANDUM TO, Barry Teach FROM: J. Theodore Wolfor 34y� 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 C by the County Coaaissioners.1 J4i:dm s. — 'r - -- -- - T ': CENTRAL SECTION NO PARKING SIGNS AD NO. OF'SIGNS Northern Avenue City Line - Pa. Ave. West bound - North side ill No Parking Anytime 7: a.m. - 5 p.m. Mon.-Fri. Except Holidays 7 No Parking 1 No Parking Hare to • Corner (2) No Parking F----,1 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 ( -- ) Southside I 1 t i Nn Parki na E.....�� ,••, Maugans Ave. South side Main St. to School (3) No Parking 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 12 Emergency Parking Only Armstrong Ave. from Co. Line to Rt. #]1 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 Hall (2) No Stopping or Standing CENTRAL SECTION ROAD NO. OF SIGNS Englewood R . South side Rt. 011 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 Here 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. 0632 (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 Toed to Doub Rd. Brookmead Dr. from Rt. 111 to End of Curve (3) No Parking 111 No Parking Here to Corner Natural Wells at Dam 04 Rd. (North side) (1) No Parking (1) No Parking Here to Corner East Oak Ridge Or. North Side from Rt. 165 to R.R. (3) No Parking Bell Dr. from Hebb Rd. to top of Hill (both sides) (4) No Stopping or Standing �b_t,. ..a__) r.r No Parkin•^ Funkstown Scnooi Kd. - M@Db Rd. w School (both 9�uaa/ o —�- �7S No Stopping or Standing Locust Court to dead end (Funkstown) south side (2) No Standing Stopping or (i) 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 and (north side) (2) No Parking Redwood Circle from Rt. #40 to Middle of Block iwast side) (4) No No Parking Anytime 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 t< ) West side (7) No Parking (-.-� East side Halfway Blvd. -I;opewell Rd. to Rt. #632 �northouth side)side) (7) Emergency Parkinency gg Only Gov. Lane Blvd. - Doub Rd. to Rt. #68 south side Emergency Parking Only (north side jl� 1 Emergency Parking Only Kemp's Mill - Intersection Walnut Point Rd. (south side) (2) No Parking Independence Rd. at Bridge in front of Raceway Anytime (south side) . (1) No Parking Anytime a._q at dead and �41 No Parking RYYY-.• 4 No Stopping or Standing Robinwood Dr. - College Plaza to Sunrise Blvd. west side) (4) No Parking Robinwood Dr. near Rt. 064 east side Emergency Parking Only west side) �1� 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 ½ road length (both sides) (8) No Parking Industrial Dr. from Rt. M11 to Rt. 011 (north side) (1) No Parking Trucks (4) No Parking Here to Corner South size .. V I.. rw CENTRAL SECTION RQAD NO. OF SIGNS Industrial Dr. from Rt. #11 to Rt. #11 continued (9) No Truck Parking Basore Dr. close to Oaks Rd. intersection (2) No Parking Anytime . (Replace) Oaks Rd. 1) No Parking j .. �l) No Parking ,.� -I • .•age, o ..ontinued EASTERN SECTION ROAD NO. OF SIGNS Mt. Lena Rd. north side of road at bus turn around east bound approximately 300 from Rt. #40 (1) No Parking ?-- Liens Lane from.Mt. .Lena to dead end • (3) No Parking Toms Rd. at bus turn around at one lane bridge - (1) Parking L • • ,�.. .n.r 1/IYl�11 SOUTHERN SECTION ROAD NO. OF SIGNS Washington Monument Rd. at 40A (west side of road) (1) No Parking Here to Corner Sandy Hook Rd. (north side of road) �lj) No Parking --� 1 No Parking west bound across from R.R.) 1) No Parking (at bus turn around north side of road west bound) (1) No Parking 4— j Hoffmaster Road at Harpers Ferry Rd. (east side of road going north on Hoffmaster (1) No Parking --�j Harpers Ferry Rd. from curve to top of hill both sides of road (z) No Parking_ —) Installed (6) Harpers Ferry Rd. at Dargan School Rd..#2 (1) No Parking Here to Corner Shinham Rd. at bus turn around Is mile from Dargan Nat ramp on right side of road (1) No Parking ( -) Dargan Rd. #2 ((l No Parking Drivers Only (1 No Parking Fire Zone (1) No Parking ---� l No Parking Lime Kiln Rd. at bus turn around (1) No Parking -• 1 (1) No Parking F ((1) No Parking < Harpers Ferry Road to Canal Rd. Just west of one lane bridge on both sides of road (3) No Parking Tomalytown Road at R.R. Crossing 121 No Parking —� 1 No Parking (15 No Parking Anytime _____ 1 No Stopping or Standing Taylors Landing Rd. at dead end (1) No Parking E--� I I I WESTERN SECTION ROAD NO. OF SIGNS Sensel Rd. south of the Ness Rd. (both sides) (2) No Parking on Roadway (•-_j Indian Springs Rd. at Pa. Line at bus turn around (1) No Parking. 4. —'� Stairs Valley Rd. at Pa. Line at bus turn around (1) No Parking �--� Pectonville Rd. at City Park (1) No Parking 1 No Parking �---� Parkhead Rd. at bus turn around at dead end (1) No Parking Licking Creak Rd. 1¼ mile north of Rt. #40 (east side of road) (1) No Parking (next to Licking Creek at bus turn around) (2) No Parking 4 Nock S air Rd. at lock (2) No Parking i No Parking 4- 1 No Stopping or Standing Broadfording Rd. at 4OW (3) No Parking Hare to Corner / 1 No Parking --� JENTRALSECTION NO PARKING SIGNS ROAD NO. OSIGNS Abbey Lane from Landis Road to queen Annes Court 2 Fire Lane 14 No Parking both sides of Road Hagerstown Moryland ,�-( K3p►. TAANBPOftTATiON aBPAATMLN Mr.J.Theodore Wolford,Superintendcat 1 ( A' Washington County Roads Department /r6 t v•r 601 Northern Avenue Ii Hagurltown,Maryland 21740 G ' )tIV Dar Mr.Wolford: The d v ue Mau aasvilla ruoeda f-j Grading Q Trees/'bushes trimmed cJ signs repaired/installed Bridge guard rails •` a91 [� Mowing along road Bus turn around ( ,,rJ 'caleuim—for dust Grr r- of �M,a aMs L Chuck holes repaired Ut)C f) &l'we e.� Ajeyic .e ct bowl" S o 1 cv-. Snow/ice—road,:owedrn:lls cindere rQ n-f-/ c-j-' %C�E Q Bus turn&round widened EJ New weight l:'mit stga ;W_ , I r trr Sign - NO 2ABttZ.1G - g.:.v-AY.�- s+�0- ,- -} so-faosld.wco •Zt.biiti.�-Li.4r-�Y�OiALn$—ifi--MaieY+O• w• Interssctoa widened �Y►� c" a mar. You. Gc�.je .Doan i ' A Nt Supevso:of Transports acs Roger Varner Pby lia_LlawallyrL_ . _-- Dtiva au.adcly AAG Avoid Ar.AcC4daAc ( O grog concrete pipe co., Inc. -_. ..,r,c.._�1A Th MMOVIA ,NC A(*h".VA N 1t o.M 4atIth Me WIMCn.NC �, t Addendum to Original No Parking Signs sent October 31. 1984: CENTRAL SECTION fl NO PARKING SIGNS ROAD NO. OF SIGNS Industrial Drive at US Rt. /11 NORTH SIDE (5) No Parking Here To Corner (2) No Parking Here to (4) No Parki g (U) o Park ng 3 SOUTH SIDE (2) No Parking Here to Corner (4) No P arki�g (2) N Park n9 (9) No Truck Parking ver 10 O00 GVW) (2) No Parking Fire Lane (1) No Parki g Fire Lane l f� AUGUST 2]r, 1984 -------�._-._. . ---------------- -----------� II MINUTES,.CQNT'D. xecej d for .(ecord Sept. 26, 1984, st 11:31 e. M. Acts. dinances & ".solutions (Wsst)inkton 'ounty ) Liber No. 3 e `991 Officof Clerk of Circuit Court RESOLUTION NO. 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 DAVID M.POOL[.JM. County, Maryland relating to the parking or stopping of vehicles ATT"My AT IAN "642.TOWM TMM.T$I" along any road in said County shall be guilty of a misdemeanor LI WILT WUWIMSTC..T. nww.ww.ulll�l^wnrwnu I 1� I f II ►� 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 /'°'*day of`�Gi 1984. BOARD OF COUNTY COMMISSIONERS ATTEST AS TO SIGNATURE WASHINGTON COUNTY, MARYLAND AND CORPORATE SEAL: BY: ��on'aldl�� rs. res ent t ryn ort, er WITNESS: oes�� Vice-Press n nook APPROVED for legal sufficiency: oa e.aJr./ County Attorney DAVID K.•OOLL,JN. ATTOIINRV AT LAW __ NA.a,ITOWN TRYST DLDO •,WEST WAYN INOTOM IT. NAOESYTOWN,MAINLAND I -_ 1140 I �— AUGUST 21, 1984 MINUTES, CONT'D. REQUEST FOR LOAN - HALFWAY LITTLE LEAGUE Robert McKee, President 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 CommTssioiiiSnok, ,seconded 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 ne biFwas 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 Ends` or guard rail or 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 - $17,459.70, 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, I1President of the Creasey Company Maryland Division, William P. Young, local attorney and Judy Waranch, attorney with Frank, Bernstein, Conoway and Goldman, Bond Counsel. ..r r_.._.. ,,,....ii.,.,.a ts.at thn project r_nnai.+-.A of -hP axpAnnion of the company's present facilities in order to remain 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 apeuk 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 I authorizing and empowering the County Commissioners of Washington County to issue ® ( and sell its Economic Development Revenue Bonds, in the amount not to exceed $1,1Q0,000, for the nnrpna,+ of financing the acaulsition 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 "ABSTAI I ING". (Copy of Resolution attached.) it AWARD BID FOR GUARD RAIL Motion made by Commissioner Roulette, seconded by Snook to award the bid for guard rail for the Harpers Ferry Road Project to Anderson Safety Guard Rail who submitted the low bid of $17,458.70. Unanimously approved. II EMPLOY PARK GUARD - Motion made by Commissioner Snook, seconded by Roulette to acce t tfie zeco`mrnan�cat.rcin of the Department Head and employ Jack Dofflemyer in t;'re positia j of Park Guard to fill an existing vacancy. Unanimously approved. AUGUST 21, 1984 MINUTES, CONT'D CREDIT FOR MILITARY SERVICE Motion mad® by Commissioner Snook, seconded by Roulette to credit Robert Creager, 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•.iimously approved. CONVENE IN EXECUTIVE SESSION toot—Son 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 Motion ma a by commissioner Roulette, seconded by Downey to reconvene in Regular Session at 1:10 p.m. and adjourn. Unanimously approved. !! o Attorne { Clerk 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 Invocat on was delivered by Commissioner Downey followed by the Pledge of Alle- gia nce to the Flag by the full Assemblage. DEMDLITION/SALE OF FORMER CLEAR SPRING SCHOOL PROPERTY AA ter hearing 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 Motion 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 l Vuu1, asion fo1otte secnndPd by Snook to grant a waiver of the time required for a Utility Installation Permit to be issued to John R. Oliver tor instal- lation of sewer lines to service lots $2 and $3 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 Administrator informed the Commissioners that. Board of Education officials were recommending that only $1.9 million of the $3.5 million to be allocated to the II Board from the forthcoming bond issue be spent on roofs and the balance on general school rroiectn_ 'rhM Commissioners took the information under advisement at this tim RECOGNITION FOR CID CED D :SIGNATION �I The Cammtosioners recognized and congratulated Leroy Burtner, E.D.C. Director, on his having earned the Certified Industrial/Economic Developer designation, which is the highest professional award that can be conferred upon an Economic or industrial Developer. AUGUST 21, 1984 MINUTES, CONT'D. 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 =1,1.00,009, 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 rCEEASEY COMPANY AF MARYLAND, INC. SUCH FACILITY TO CONSIST OF TWO ADDITIONS TO AN EXISTING WARE- HOUSE BiILDING 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 li SPACE, CERTAIN MACHINERY AND EQUIPMENT AND OTHER NECESSARY FACILITIES; MAKING CERTAIN LEGISLATIVE FINDINGS; AUTHO- RIZING THE PRIVATE (NEGOTIATED) SALE OF SUCH REVENUE 1 II I. 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 Gtr,ta of Maryland. The Board of County Commissioners of Washington �r 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 Lasser") 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 Facility 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 of the Hoard shall specify, prescribe, determine, provide for or approve - 4 - III 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 of 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 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 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 the isonds 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 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 hereby 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 F,aciiity Applicant for the sole and exclusive purpose of financing the 8 - _ TJ 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 Bonds 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 - riiiii 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 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. 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, 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 13Y HE BOARD Of COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That - 17 - 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 cf 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 anal 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 Beard 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 - 1 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 August gLL9O4. i TE (COUNTY SEAL' thryn . Short, on a Clerk to the Board of President of t e Board of County Commissioners County Commissioners of of Washington County Washington County I, Kathryn F. Short, Clerk to the Board of County Commissioners of Washington County, do hereby certify that the fnrannina 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 meeting a quorum of the Board of County Commissioners was present and acting throughout. (COUNTY SEAL] a ryn ort Clerk to the Board of County Commissioners of Washington County 8207d IH 16 - -- ----- AUGUST 28, 1984 MINUTES, CONT'D. 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 e Count.y 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 Rou ette, seconded by Snook to Proclaim the Month of September 1984 as DISABLED AMERICAN VETERANS FORGET-ME-NOT-MONTH in Washington Count and urge the support of all citizens, interested groups and organizations in this commemoration. Unanimously approved. CONVENE IN EXECUTIVE SESSION otion ma e y-omm 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 Authorit 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 ma e by Cmmisi ones n sewed by Roulette to reconvene in Regular Session and adjourn at 12:10 p.m. Unanimously approved. Gr C y At orne9y 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 IrvocaEi'an wEs aelive�d L)V-7`inmissioner Salvatore, followed by the Pledge of Allegiance to the Flag by the full Assemblage. wr PRESENTATION OF CERTIFICATE OF MERIT - WALTER B. "GABBY" HESS ® jl a amm esloners pre— esentea a i"eT 1TI�ullfA-aTFCE 1t" Wfflf�i B. "Gabby" Hess in 1+ 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 "lTo��n maTp byommieaioner-AoaIee;-enccTric9'c3cT b tv7ltoxe #.o close out the cam- plated projects in the FY 1983/84 Capital Improvements Program as submitted this date by the Director. of Finance in the amount of $11,553,499.71 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 Ox - $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 count;' 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 Kutlor. T a by C=1!_sni-ar Roulette. seconded by Snook to award the Valley Road Contract toBragunier Masonry who submitted the low bid of $49,920.uu and to alivoata an additional $6,000 to $8,000 to the project for full-time inspection. Unanimously approved. RESURFACE STREET IN CLOVERTON SUBDIVISION trot an ma e y Camm�ssioner Roulette, Recorded by Snook to advertise for bids for bituminous concrete resurfaci.ny of streets in the Cloverton Subdivision near Williams- port, and to appropriate $17,000 towards this project from Capital Contingency with the estimated $15,000 balance from the Roads Department Budget. Unanimously approved .nnn.1SER FOR F•0CTFRN ROULEVARD PROJECT . onVmRA 1Fy Commies3-oner gown®y, seconded by Snook to scieuL hard Bc crs for a fee of $600.00 to make appraisals of two (2) additional properties for. the Eastern Boulevard Project. Unanimously approved. H At this time Commissioner Salvatore was excused from the Meeting. II �� SEPTEMBER 4, 1984 MINUTES, CONT'D. BID OPENING - AIP-02 B ds for the overlay of Runway 2/20 and the installation of VASI'a 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. - 5D; Alan Davis, Personnel and Insurana Admin. - 11A; Loretta Myers to Admin. Secretary - 5A; Leroy Burtner, Director, EDC - 13J; Jim McLemore, Custodian - 3I; Robert Farmer, Custodian to $4.00 per hour; Ray Hershberger, Custodian - 3A; Benny Tyson, Director, Data Processing - 121; 10H; Jim Sterling, Asst. Supervisor, Central Sec. - 9G; Dean Lowry, Traffic and Cathy Shinham to Admin. Secretary - 5A; Al Shoemaker, Central Section Supervisor - Safety Supervisor 10H; Bob Davenport, Director, Landfill - 11D; Paul Prodonovich to D . Director, Permits & Inspections - 11A; Clyde McCormick, Western Section Supervisor - 1011; Walter Hess, Southern Section Supervisor - 1OC; William Stoner, Tourism Information Supervisor - 6A; Ronnie Ridenour, Eastern Section Supervisor - lOH; Lamont Burns, Custodian - 2B; Bill Wolfe, Shop Supervisor - 111. TERMINATE EMPLOYMENT OF PARKS EMPLOYEE Motion 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 12.40 p.m. Unanimously approved. my ttorney LC%.R . 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. Lea 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 Ij Allegiance to the Flag by the full Assemblage. PRESRP7TATiON OF TOURISM AROCNURE 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. I' SEPTEMBER 11, 1984 MINUTES, CONT'D. it 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; Ankenriy - 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 commcnd this observance to n1-1. rmr r,itizpns. Unanimuusly approved. Commissioner Bowers read the Proclamation and presented a copy to Michael Smith, Area Coordinator for Emergency Medical Services. BID OPENING - ICE CONTROL SALT Bide £nr 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 - TOWN DUCE COMPANY SSUE any Tesiofnt convened the washingtonSCount6eOtong in appearuandcgestifyg at 11:00 concerninga.m. to permit OND the proposed issuance { — — , resident g y and sal® of Washington County Economic Development Revenue Bonds in a maximum amount II 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 Tiimnie Ruppersbi:rger, Boni Counsel Attorney, who submitted an Authoriz- ing Resolution for the Commissioners' consideration. There bein'; 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" Session. I I ' SEPTEMBER 11, 1984 MINUTES, CONT'D. it RESOLUTION - HAGERSTOWN PRODUCE COMPANY BOND ISSUE Motion made by ommiss oner SnooTc secon�y Roulette to adopt a Resolution author-fl izing 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 $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 made 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(x) (6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND RECESS Mot on 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 In -ti for tnnIght's meeting Ai- up to iite OQUiat Cvur,i.y ark ].mac oc.a x :, �.. pr^p ".. _.,.. - 11 the Potomac Valley Fire Hall. RECLASSIFICATION OF AIRPORT MAINTENANCE MAN Motion trade by Cormiissioner. Downey, seconded by Roulette to reclassify Lynn Harohman� Airport Maintenance Man, from MM II to MM III. Unanimously approved. AWARD ATP-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 #2 in the amount of $383,447. Unanimously approved. !I ii TASK FORCE FOR SRZ,F EVALUATION Mot on made by Commissioner Roulette, seconded by Salvatore to establish a Task IIForce 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, I Lee Welty, Tom Rothrock, Karen Meinelschmidt and Lynn Schlossberg. Unanimously approved. LOAN TO LONGMEADOW El RP COMPANY I� 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 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 puisuant 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 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 IIII to operate a business and fly ultra-light aircraft at the Washington County Regional Airport. Unanimously approved. ESTABLISHMENT OF AIRPORT COMMISSION Motion 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 Motion 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.m 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- eider all the information presented and to render a decision on the matter in the near future. ADJOURNMENT !I The Meeting was adjourned at 9:15 p.m. it C t Atto trey �( Clerk September 17, 1984 Hagerstown, Maryland 21740 PUBLIC HEARING - REZONING CASES 289 - 297 o n �'Tiu Tic-T W—ring was h® n ours Rocm (!1 of the Washington County Court House by the Washington County Commissioners and the Planning Commission to permit any a id nt of W !nn county to present testimony concerning Rezoning Cases P.Z289, R2-290, RZ-291, RZ-292, RZ-293, RZ-294, RZ-296 anO RZ--2 7. The HuaAi.flj 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-President of the Board, Comm;.ssionere R. Lee Downey and John R. Salvatore, Planning Members Jack Byers, Iehn Herbst, Mary Ann Jeneke and Donald Zombro. The Rezoning Cases were presented by Jack Hawbaker, Executive Director of the Planning Commission, Catherine Thompson, Senior. Planner, Steven Goodrich and William Stachovink, Associate Planners. After t ' hearing all testim ny, it wan announced that the Record would remain open for ten (10) days for aad ionnl comments to be submitted in writing. The Hearing was , you Att ney /i1i5�G�ri � .dy Clerk 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- TIONS OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, REPAYABLE SOLELY FROM THE REVENUES DERIVED FROM LOAN REPAYMENTS-TBOTH PRINCIPAL AND INTEREST) MADE AVAILABLE FOR SUCH PURPOSE, AND THAT NEITHER SUCH REVENUE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN IN- DEBTEDNESS OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF COUNTY COMMISSION- ERS OF WASHINGTON COUNTY WITHIN THE MEANING OF W CONSTITUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND THAT NEITHER SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF COUNTY COMMISSIONERS OF 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 REVS MUL J QNUD, MU LI) PRESC RIBE, DETE1U'1L ib, 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 Act (such loan being herein reterrea to 'e the "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. -2- 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 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 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 -3- 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 (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 iii Washington County; (c) assisting in the retention of existing industry and commerce and in the attraction of new industry and commerce in ;.pie 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 remmissioners 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 of 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 au orize�U and empowered to issue, sell and deliver, at any time or from time to time, the following series of Bonds to he known as its "Washington County, Maryland, Economic Development Revenue Bond(s) (Hagerstown Produce Company, Inc. Project)" (provided that such designation may be changed ox 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 wider 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 at a President o 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 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 e executed inn the name of the County and on its behalf by the President or Vice President of the Board, by his or her manual or facsimle 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- rized officer) by hi or her mA m 1 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 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 fu.il 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 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 •. s._._ c__.., l to the n ran rnnriigYP IPRA 1. A!)r llmIILti,, liiV luutiiy iccca of vv ui.8�•a 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, -7- i 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 TIM 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 -hall lock to the 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 -g- - - — - —: '-- K — 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 ia:.atifi- 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 by the Act, the Bon 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 terns 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 CUU '1'Y 4U'l`R7iaalvNe.RS OF .CIA lNCN COUNTY That t. P provisions of tai s Resolution are severable, 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 COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the County reserves the right to refrain 1rom 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 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 RESOLVVE•D BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That this Resolution shall take effeE1om the date of its adoption. PASSED AND ADOPTED this /� day of September, 1984. ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY fhort By.Ronald L. rs, resi ent Clerk Board of County Commissioners [SEAL) -10- SEPTEMBER 11, 1984 MINUTES, CONT'O. EXHIBIT A LETTER OF INTENT as 1 4 � • i .w 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 ;I 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 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- truct -n of the F;ci11t., k., the B_rr_ver ,.a aenerallV a1iY V VilO LL Yvr viva• 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 t≤.e "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 tii�.a�s.via. — 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 o€ 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 L Borrower , G�18 L V/1.C � (.1�JV ti f1.L �Vll%aJ.i ic u aaci c.i.aa .i o au.vJ ca.a vv �ca� a Yiaai a,ia, kk hearing to be held by the County pursuant to at least fourteen I (14) days notice in a newspaper of general circulation in Wash- I ington County, (b) the approval of, and appropriate action by, the �{{ Board of County Commissioners of. Washington County which action eil 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: 4 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 financing of the prnjert 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 if 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 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 t• rer 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. Ve y ur I Re ecca A. Gleéner Accepted this /f day of September, 1984, pursuant to a Resolution passed by theCounty Commissioners of.Washington County on September, 1984, by the President of the Board of County Commissionerd of Washington County. V.- ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: Ka ryn ort, C er Rona I.. B xs, res ent Board of County Commissioners of Washington County ru September 18, 1984 II Hagerstown, Maryland 21740 LThe Regular Meeting of the Board of County Commissioners of Washington County was I' 1i 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. 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 I; 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 1-81 near Williamsport, the Commissioners instructed Mr. O'Connor to try to negotiate an agreement with Washington Cuu:;1y Tuuiiam, Inc. whereby the facility would be acquired by the private sector and leased to the County. APPOINTMENT TO CHILDREN'S COUNCIL Motion made by Commiss over 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 FOR 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 services 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. II ADDITIONAL FUNDS TO CROSSING_GUARDS BUDGET Motion 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. IIACCEPT 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 Ij and parking areas of Blue Mountain Estates in Smithsburg, with mowing and snow I, removal to be contracted by the housing Authority and street resurfacing included with the county's overlay projects for payment by the Housing Authority. Unan.i_ mousey approved. �I I, I! FENCING FOR LITTLE LEAGUE FIELD .AT IIALFWAY PARK Motion made by�ComrrTae ,der Cowney, Roulette to allocate Program Open Space Funds and local matching funds for the construction of additional fencing at li the Little League field in Halfway Park to correct safety problems that currently oxtar. Unanimoucly approved. SEPTEMBER 18, 1984 MINUTES, CONT'D. INSPECTION SERVICES - VALLEY ROAD BRIDGE PROJECT Motion made by Comitiissioner Snook, seconded yalvatore 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. j! REMAINING OVERLAY WORK - MAUGANSVILLE/ORCHARD HILLS SEWER PROJECT Motion made by Commissioner Roulette, seconded bsecóiia by Salvatore to appropriate $46,885.17 from 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 Glenn Bowman andaii Licutenent WayhiHcAl1ister 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 new bid was received and publicly opened for PrintedNaterial for the General Election 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 Bids for Grading an Paving at ti Resh Road 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 After review and revision of the options for acquisition o 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 15•una ommy T ompson,CIearpring businessman, appeared before the Commis- sioners to inform them of his plans to purchase a Hagerstown manufactured Dagrnar �I automobile and bring it back to his garage where he stores other antique autos. He said in order to properly display the vehicles, he would have to build a showroom and thereiuLC t;ceded a z 1ngrac1czif1ctcn of his property- Mr. Thompson was advised that the Circuit Court had ruled in thi.s matter and that the County Commissioners had no authority to overturn the judge's decision. IIII AGREEMNT TO IMPLEMENT STORM WATER MANAGEMENT ORDINANCE Afo-Eion made Tay n iThs onr erg"owriey, sero`n3e3 Fi aTvatore to approve of the Agreement 1I as proposed by the County Engineer for maintenance of stormwater management facilitiel in developments where the facilities are privately owned and maintained, subject to final approval of the County Attorney. Unanimously approved. RESOLUTION TO CREATE AN AIRPORT COMMISSION II J rrr -� -? Mroei r HT pro- as:nnndpd by Roulette to adopt a Resolution pursuant to the authority contained in Section 5-418 of the Transportation Article H of the Annotated Code of Maryland, to create a Washington County Regional Airport Commission which shall operate, maintain and 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.) II SEPTEMBEh ],8;•19(34 MINUTES, CONT'D. deceived for Record Sept. 26, 1984 at 10:18 A. M. ec:rded in Acts, Ordinances & Resolutions (Washing,ton Lounty3 fice of Clerk of Circuit 4ourt Liber 3 9S7 p RESOLUTION NO. WHEREAS, Section 5-418 of the Transportation Article of the Annotated Code of Maryland any political sub- y provides that 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: I , 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 serve as non-voting, ex-officio members of the Commission during htheir respective terms of office. 2. The original term of two members shall be for two (2) Hyears; 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 ;!reappointment. 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 II', 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 i be served thereby. 5 .d .�ti.: rc .hail elect- from among their members a Chairman and a Vice-Chairman, and shall also elect a Secretary, 'who may or may not be a member of said Commission. No two of such offices may be hold by one member. The officers shall have the duties And powers usually attendant. upon such officers, and such other duties and powers not incunai.etent herewith as may be provided by the Commission. I' I �B8 i _ 2 _ SECTION 2 1. The Commission shall operate, maintain and improve the Airport within their discretion except as same may be limited by law, regulation or other valid authority. 2. The Commission shall prepare and submit to the Board annually, in accordance with County procedure, an operating � I 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. II 6. The Commission shall have authority to lease, sell, and ;otherwise dispose of any of its property or to contract with any } persons or any operator, for use by such person or operator, any �� prior ireal or personal property under its control, subject to the approval of the Board. ` 7. The Commission shall have authority to accept gifts, ! grants, or loans of money or other property from the United Stakes, the State, or any person or entity; and for 4.,rh purposes limay enter into any agreement required in connection therewith, I I � !' subject to the prior approval of the Board. it - 3 - 99:9 II, 8. The Commission shall have the power to adopt and alter hall bylaws and rules and regulations which it shall from time to time deem best for the conduct of the business of the Airport, and for operation of the Commission, and for the purposes of I ! 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 THA'T', anything set forth ' in this Subsection to the contrary notwithstanding, the Commission 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. i 9. The Commission shall have authority to fix, alter, change,) and collect fares, fees, rentals and all other charges to be made 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. I ' SECTION 3 1. The Commission shall recommend to the Board individuals (believed competent by the Commission for appointment as Airport Manager and to recommend the removal of any individual previously I appointed to such position by the Board if the Commission feels 111 that such individual is not properly performing the duties of �jsuch office; similarly, it shall be the right and duty of the icommission to recommend the employment or removal of any other employees, consultants or attorneys required by it in the oper- ation of the Airport• in gash 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 to any recommendation made to it by the Commission. 2. The Commission shall, have the authority to provide policy and operational direction to the Airport Manager; the Manager will. IlIbe considered a Department Head of the County and will as suc;ri be directly responsible to the County Administrator for the routine daily operation of the Airport. '! I - - -a- 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. I I Adopted this r'day of .9l 1dW _ 1984. 1l ATTEST AS TO SIGNATURE BOARD OF COUNTY COMMISSIONERS ++;AND CORPORATE SEAL OF WASHINGTON COUNTY, MARYLAND . ryn ort, C er GnITOL, rs, Pres ent WI! ES ' ,` c ar E. Roulette, V ce-Pres ent R. Lee Downey R. r 3n R. Salvatore II M� Snaok App ved for legal sufficiency: ____ -- David K. Poole, r. County Attorney ii - r IIII aQ rn � pW0 q V Y.r 41 l N : rn CD M � r SEPTEMBER 18, 1984 MINUTES, CONT'D. 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 Airport Commission o 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 Schlossnag 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. n/4 my Attorney Clerk September 25 , 1984 Hagerstown. Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County wan 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 nag by the full Aaxte111b1ay e. PROCLAMATION - "MACK IS BACK" Motion made by Commissioner 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 impact it has on our local economy. Unanimously approved. Commissioner Roulette read the Proclamation and presented a copy to David Cole, Director oi' Public Relations for Mack Trucks, Inc. PRESENTATION OF Ci?.RTIFIATY: OF M L ERT'C - JOHN WELER II Commissioner Bowers presented a Certificate of Merit to John Weller, Senior II Project Engineer, in appreciation for twenty-five (25) years of service as an employee in the Engineering Department. SEPTEMBER 25, 1984 MINUTES, CONT'D. CHANGE IN DESIGN SERVICES - BEAVER CREEK CHURCH ROAD BRIDGE Mot on ma e y Comm sa oner Roulette, seconded by Downey to accept the recommendation 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 Motion 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 ''. of on 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. hWARD CONTRACT FOR GRADING AND PAVING AT LANDFILL 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 Motion 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 Mo on 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 Antietar Branch in Washington County consisting of approximately 2.2 acres for the sum of $35,300. Unanimously approved. REORGANIZATION - HOUSING & COMMUNITY ❑EVELOPMENT nette vanlist, D rectoz the 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 Thc rommis9innera took the matter under advisement at this time. BID OPENING - COPY EQUIPMENT �I 8 s or 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 Proses- sing Services, Ropho Sales, Office Suppliers and I.B.M. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - CLOVER'PON ROAD RESURFACING j E�•Tir�,_+R r.nneret.e�res—urYac ng of roads in the Cloverton Subdivision near Williamsport were publicly opened and read aloua. rims paLLi_i ing ' the b .7 ^. P.ic y�i�.e o and their proposals were as follows: 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 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 HEARIN[;_` CREASEY_ COMPANY BOND ISSUE The President canvened the Meeting in Public Hearing at 11:10 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 $1,100,000 :or the benefit of the crea,ey Company of Maryland, Inc. (At this time it was explained by Bond Cnunsc.i that this second Public (��! Hearing, renardinq the Creasey Company Bond 78SUe, was required since :he �� I SEPTEMBER 25, 1984 MINUTES, CONT'D. Hearing held on August 21, 1984, did not fully meet a legal technical requirement.) There being no one present to speak for nor againstsaid Bond Issue, the President closed the Hearing at 11:35 a.m. and reconvened the Meeting in Regular Session. r CONFIRM PREVIOUS ACTION RE CREASEY COMPANY BOND ISSUE IMotion madeThy Commis- one aRoulette, seconded y Snook to confirm the Official H I 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 II Company of Maryland, Inc. Motion carried with Commissioners Roulette, Snook, Downey and Bowers voting "AYE" and Commissioner Salvatore "ABSTAINING". H 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 was 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. Motio 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 IThe Afternoon Session was convened at 1:30 p.m. with President Bowers presiding ! and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. Ii AWARD BID - SERVICE VEHICLE Motion made by Commissioner Snook, seconded by Downey to award the bid for a service i vehicle for the County Commuter system to Martin Truck Corporation who submitted the low proposal. of $31,737.00. Unanimously approved. CONVENE IN EXEC'JT TV_F .cFS,S TON Motion made by Commissioner Salvatore, seconded by Snook to convene in Executive 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 & 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, H Session at 3:30 p.m. Unanimously approved. OVERTIME - SHERIFFS DEPARTMENT After. c e.,ao' of f-he overtime requirements of Sheriff's Delartment personnel with Sheriff Glenn Bowman and Lieutenant Wayne McAllister, anO :.n Consideratiuu vi 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 n'e rrimP 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 Motion made by Commissioner Roulette, seconded by Downey to reconvene in Executive Session at 4:00 p.m. in regard to personnel, potential litigation and property mattersj pursuant to the Authority contained in Article 76(A) , Section 11(a) (6 & 7) of the I' Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Downey to reconvene in Regular Session at 4:25 p.m. Unanimously approved. EMPLOY ROADS DEPARTMENT LABORERS Motion made 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 made by Commissioner Downey, seconded by Snook to adjourn at 4:30 p.m. Unani- mously approved. un 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 iocation 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 oung, Director o nance, 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 Commissionecs' Office. APPOINTMENT TO SANITARY COMMISSION Moon made by Comm ssioner R- O tte, seconded by Downey to appoint William Ryan to II serve as a member of the Washington County Sanitary Commission for a term to expire October 190. Unanimously approved. APPOINTMENT TO ECONOMIC DEVELOPMENT COMMISSION Motion made by Commissioner ner Downey. secanTed~Fiy Roulette to appoint Donald R. Fazio to serve as a member of the Economic_ Development Commission for a three-year term in the Retail category. Unanimously approved. MINUTES OF COUNTY COMMISSIONERS 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. 11 AWARD BID - CLOVERTON OVERLAY PROJECT "ction made bynmmiriaioner Snook, seconded by Roulette to award the contract for then 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". I' i OCTOBER 2, 1984 MINUTES, CONT'D. STATUS REPORT - RECREATION CnMMISSION 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'I 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. Il ACCEPT II 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. !I it At this time Commissioner John R. Salvatore arrived at the Meeting. � I � REZONING CPSES 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 I( 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 PUD 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, Al', 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. Giannaris 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 "BC", 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. I: 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 "F+" District to the "HG" Business General Classification. Unanimously approved. RZ-295 Case withdrawn prior to Public Hearing. I _II R7,•-297 ^ Motion made by Commissioner toua.ette, seuu,+uui L y .+i+C+vi: eQ .^ ^V:: c f the wn�t i c - ! ion of the Planning Commission to amend Section No. 5.1(k) of the Zoning Ordinance { to include dairy products stores, grocery stores, produce stands, service stations, ! II beauty parlors and barber shops for the purpose of making essential services available to rural dwellers in the Conservat:Lon District. Unanimously approved. ii ,I OCTOBER 2, 1984 MINUTES, CONT'D. 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 I� 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 • Motion made by Commissioner Salvatore, seconded by Roulette to reconvene in Regular Seasion at ll:ou a.m. Unanimously approved. PRESENTATION OF PRINT OF BURNSIDE BRIDGE Conway Hardey, C & P Telephone Company official, appeared before the Commissioiers to present them with a framed print of the Burnside Bridge picture that is on the it cover of the telephone directory currently being distributed through the state. The Commissioners expressed their appreciation on behait of themselves and the citizens of Washington County. • PROMOTION TO ACCOUNT CLERK I j . 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 Notion made by Commissioner Downey, seconded by Roulette to employ Frederick Armstrong 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 Sea 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,ll John R. Salvatore, and Martin L. Snook. I� 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. �1 911 TASK FORCE Ernie Truax, Chairman of the 911 Task Force, along with Ron Kern, 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 fruition today's start-up of the 911 emergency communications system in Washington County. It was also announced that an euteneive publicity campaign war. underway to educate the public to j� I OCTOBER 2, 1984 ----- II MINUTES, CONT'D. Received for Record Nov. 20, 1984 at 3:41 P. M. Recorded in Acts Ordinances 5: Resolutions for Wash. Co. Md. Office of Clerk of Circuit court for Us sh. I-o. .9g3 A 5666NOSL .00 01984 11-20 P341 The following changes to the Zoning Ordinance were officially adopted by the County Ccumissiorers of Washington County, Maryland. 1. Section 11.1(a) amended to include the following: Printing, blue printing, p*ot000pyinj, and similar reproduction services. Adopted and Effective Date: March 6, 1984 2. Section 11.1(a) aneaied to read as follows: Printing, blue printing, photocopying, and similar reproduction services limited to a maximum 15,000 square feet of floor space. Adopted and Effective Date: May e, 1984. 3. Section 6.1(y) added as follows: Firearms repair shop, including retail sales. Section 6.5 mnended to include the foll.vwirrg: _ 'Lot .best lot Area Front Yard Side Yard (Width'Whitt t Area Width Per Family DL 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 2s.1(e) added as follows: Single-family retirenent hones in nursing home or retirement home om plexes may be locatef on lots smaller than otherwine required by the applicable section of this Ordinance. The total nuct er of lots and dwelling units shall be consistent with the provisions of Section 22.81. for clustering except that the lots need rot be subdivided. Adopted and Effective Date: July 3, 1984. 5. Section 28.01 anenmded to read as follows: Accessory use or structure: A use or structure on ti sane promises with, and of a nature custanarily incidental and subordinate to, the principal use or structure. Adopted and Effective Date: July 3, 1984. 6. Article 21 amended as follows: ARTICIE 21 "AP" AIRPORT DISTRICT ® l II Secia"-. 21.0 Purpose The Airport: District is established to prevent creation of uses or structures near or adjacent to any ccsmercial airport which would result in a hazard to aircraft operations. The Airport District is also designers to permit land uses which could benefit or have a need to be located in prceimi.ty to a source of air transportation or a r1nt& bur mess. II 4 � Section 21.1 Airport District Zones !I 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 County 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 ctmbination of lines indicating horizontal limits and elevati 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 constriction 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 cawpatible 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 cxterxled centerline of runways for a distance of 3000 feet from the end of the existing runways. (2) Paragraph (1) above shall not apply to the construction or placement 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 acx,ordance 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 shell be placed on land underlying the AP/C -hi h c tzUn fiacht,,ng or rotatirj Hcrhta or Lights of changing 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 Cl) above shall be permitted one principal structure and accessory buildings in accordance with the reiquiranents of the underlying zoning district. (f) From time to time the Imaginary Surfaces referenced above may be 'nn.-1 1;1 arrorm-riaTn rhnnnr ro exuansion of flight patterns at the Airport. The limits of the Clear Zone mwy be changed on tha Official Zoning Maps administratively without the need for additional rezoning hearings. I � 995 II 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 bat not limited to, runways, taxiways, terminals, storage and repair garages and hangars, tie-dawns, 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 aoamercial 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 for 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 communication equi.pne nt, professional, scientific and controlling instruents, 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 carponent 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 oamrunity, 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 recommended 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 bo 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. j! (b) Any use which creates dust, eke, steam, or other !� airborne fumes or vapors which could present an Obstructi 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. (d) Any use which would create atmospheric disturbance of ;J radio canrmunications 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 providedfor in Section 23.4 of this Qrd1 1.._ nary- ystructure _cd h- height^limitations^imposedM by the AP/C Zone established in Section 21.2 of this ordinance. ,• Vim/O 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 utiliz so that they shall catply 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 cannleted 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. j Section 5.5 Other Uses amemded 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 c vr7t a *iisSIONERS or WASHINarct coam i BY. Ronald L. Bowers, President Attest: t}uyn Short, C' k It r3 ài aow W sr ¢ J J d , l ' r i V OCTOBER 9, 1984 MINUTES, CONT'D. 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 If 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. O on ma e y Commiss oner 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 Rou ette, seconded by 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 it After due consideration of all the matters and facts adduced from the testimony at If the Public Hearing held on September 17, 1984, the comments submitted in writing �I 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. It REZONING CASE - 296 was noted for t e Record that Rezoning Case 296, the Application of Paramount Feed & Supply, had been withdrawn. ANNOUNCEMENT OF MORTGAGE PROGRAM Commissioner Bowers 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. !J ADMINISTRATION OF FUNKSTOWN BLOCK GRANT jl ot�tIon-maieny Comm sa oner Saf tore, 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 Mnt_on T Cnmjn_gg_loner nowneyr seconded by Salvatore to appeal the decision of the Department of Housing and Urban Development 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 Keedysvil]e areas. Unanimously approved. MEETING WITH AIRPORT COMMISSION ere v the re---Gently-established Airport Commission met with the Commissions 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 FCnnnmiC fpvpinnmPnh ('nmmiaainn. wnu1,9 h R rvina . e Ax-officio H 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 PROC_ESSINCJCOMPUTER EQUIPMENT_` COUNTY COMMISSIONERS OFFICE F4otron made by Comi.ifsaIner Roulette, seconded by Downeyto proceed to acquire Woi� 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 �I 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- plated prior to proceeding with the roof replacement project, with these funds to be appropriated from Capital Contingency. Unanimously approved. �I 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 derision 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!Ia.rquiss, 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- sonarc were also ;nfnrmpd that the State moratorium on new construction in the Half- I way areashould 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 Commissionarr took th 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 12:1.5 p.m. in regard to personnel, property and potential litigation, Il pursuant to the authority contained in Article 76(A) , Section 11(a) (6 & 7) of the 1, Annotated Code of Maryland. Unanimously approved. �I I 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 UUGHES_ I' Maryland Governor Harry Hughes, along with Frank DeFrancia, Secretary of the Marylandli Department of Economic & Community Development, visited with the Commissioners to discuss matters cf 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 II the shell building located in the Washington County Industrial Park for Dutcher Industries, Inc. Mr. Richard Gillis, Dutcher official, oxpressed his appreciation � I I OCTOBER 9, 1984 MINUTES, CONT'D. 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. 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 Mot on 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 Motion 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 the Department ithin the present budgetary limits. Unanimously approved. II AWARD BIDS - TENNIS COURTS AND RUNNING TRACK PROJECTS Motion made by Comm ss oner Roulette, seconded 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 52,794 respectively; Project IV - Roy Craig Blacktop Resealing - $8,000. Unanimously approved. TRANSFER HEALTH DEPARTMENT FUNDS FOR SALARY SUPPLEMENT fl Motion made by Commissioner Roulette, secon3ed 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 Building with President Bowers, Vice President Roulette and Commissioners Downey and Salvatore, School Board President Marie Byers, Vice President Linda Irvin and Board Members Doug Bachtell, Robert Barnhart and Clifford Metger. TOURISM FILM Robert O'Co nor, County Tourism. Director prngent-d 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. I UPDATE ON EMERGENCY MANAGEMENT PROGRAM Ralph Giffin, Maintenance Engineer, reported on the Board's energy management 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 million and at the end of that period, the Board would own the equipment. I.A.C. It ROJECTS - FY 1 QR'7 EdKercheval, Assistant to the Superintendent of Schools, listed the following school facility projects that will be submitted to the State Inter Agency Commission for approval for FY 1987, with local funds required for A. rs 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 Salvatore 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 !j its authority to establish a building commission to administer the bond funds. USE OF DEPUTIES FOR SCHOOL FUNCTIONS II 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 no 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 3 ≤ /iI1 , Clerk October 9, 1984 PUBLIC HEARING - JUNKYARD ORDINANCE rr A Public Hearing was convened at 7:00 p.m. in Court Room #1 to permit any resident at 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. Roul^tte and Commission.ra 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 casmlenta to be submitted in writing and the Hearing was closed at 7:40 p.m. ty tt rn Clerk 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 _n. ..ey !nhn P CA1 rratnro .and Martin r.. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE nvocat 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. RE/APPOINTMENTS TO ALCOHOLISM & DRUG ABUSE ADVISORY COUNCIL Motion made by Commissioner Snook, seconded by Salvatore to reappoint Michael. Boyd, I� 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. li OCTOBER 16, 1984 MINUTES, CONT'D. II NEGOTIATE FORTHCOMING BOND ISSUE iI Motion made by Commissioner Downey, seconded by Snook to proceed with negotiating II' 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. 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 Boulevard at the Route 11 intersection, with the County paying the energy coats 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 II 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 !f received and opened on October 9, 1984 for Halfway Boulevard improvements and !I to rebid the project next year. Unanimously approved. DESIGNATE OFFICIAL COUNTY TREE 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: 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 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 119.31 20 Ruritan Club Inc. Downsville 804.22 20 Ruritan Club Inc. Downsville 13.33 23 Ruritan Club Inc. Pinesburg 292.33 23 Wilson Foundation, Inc. 740.87 26 Tammany Manor Civic Assoc. 17.63 26 Tammany Van Lear Civic Assoc. 53.92 Total $9,943.58 Unanimously approved. AMENDMENT TU FJUQ¼M Ur.iv SPA(c: Motion made by Commissioner Salvatore, seconded by Roulette to approve of an amendment to FY 1984/85 Program Open Space to include the acquisition of three (3) acres of land on Florida Avenue by the City of Hagerstown at an estimated cost of $60,000 to be used primarily for the construction of a swimming pool. Unani- mously approved. FURNACE REPLACEMENT - ROADS DEPARTMENT Mot-Ion made by Commissioner 5i1vatore, seconded by Roulette to approve of the low 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 amount 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 ii the low proposal of $7,190. Unanimously approved. CONVENE IN EXECUTIVE SESSION Mot on ma a 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 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 fox 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 Motion made by Commissioner 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 Mtion made 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 Thjvening Session was 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 parks. The Mayors of both Sharpsburg 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 advocated this form of protection for the small towns. The Commissioners agreed to give the malt tai CG.,'aidaa atlon. In other nattcrc the Cerra_eicnerA nnroe' tr try to find fill dirt for 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. ADJOURNMENT Motion made by Commissioner Downey, seconded by Salvatore to adjourn at 0:26 p.m. Unanimously approved. C ty ttor _ Clerk �! I +I II II �i Ilf I! October 23, 1984 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was i 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. it INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was deTivered5Tharriman, 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 ;I 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 f 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 1 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. Unanimou,^,l} approved. II AWARD CONTRACT - BARN ROOF AT DITTO FARMS Motion made by Commissioner Downey, seconded by Roulette to award the contract for it repairs/painting the barn roof at Ditto Farms to Kline Associated Roofing who submitted the only proposal of $7,200, with funds for this project to be appropri- ated from Capital Contingency. Unanimously approved. I! AWARD CONTRACT •- SNOW REMOVAL AT HOUSING PROJECTS r I Motion made by Commissioner Downey, seconded by Roulette to award the contract for I 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. I I ADVERTISE FOR SALE OF SURPLUS COUNTY PROPERTY Motion made by Commissioner Downey, seconded by Salvatore to advertise for sale through sealed bicaing, surpius county property locates on Fuurcn Scieri., au Englewood Road. Unanimously approved. OCTOBER 23, 1984 MINUTES, CONT'D. ACCEPT STREETS INTO COUNTY SYSTEM - POTOMAC MANOR SECTION D Motion made By Commissioner Sa vatore, seconded BrRoulette to accept East gnolia Avenue:, HeJ1ymead 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 B33s or fourkiosk s 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. RID OPENING AND AWARD - FLEET VEHICLES { One bdwas rece ved, pub icly opened and read aloud for two (2) patrol cars and 11 four (4) sub-compact vehicles. Hoffman Chevrolet submitted the following proposals: Patrol care - $11,394 per 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 Cl) sub-compact vehicle for the Transportation Commission subject to prior approval by MDT and UMPTA.) RESCIND MOTION TO NEGOTIATE BOND ISSUE Motion made 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 Dahbura, "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 Commissioner Roulette, secondedby SaItore 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 bonds 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 WATER PROJECT Wa►ah3ngton County San tarry Comm seto-n O�1icials, along with representatives from the local and state health departments, the City of Hagerstown and the consulting firm of Fcllcvs Reed r, Aa"n,7iM As: met with the Commissioners to discuss alternate proposals for providing public water service to the Martins Crossroads/Cearfoss i 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 Mfo-lion ma�by CammiesToner Downey, seconded by Roulette to convene in Executive Session at 12:10 p.m. in regard to personnel And property matters, pursuant to the ..+thorny ern-s1ned in Article 76(A) , Section 11(a) (6 & 7) of the Annotated Code 11 of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND RECESS II M1otion macTe- Ey Comm ss oner Rou Otte, seconded by Snook to reconvene in Regular Session at 12:35 p.m. and recess until 7:00 p.m. at the Funkstown Town Hall. Unanimously approved. ii OCTOBER 23, 1984 • ES, CONT'D. EXHIBIT A LETTER OF INTENT II II �� i 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"), re est that L . 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 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 the Feciiit.y. 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, i 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) nerformina services by or on behalf of the County in connection with the transactions contemplated by this letter of intent F_ whether or not the proposed financing and acquisition are consum- mated. 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 .. � .,...ex a`e empt 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. 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 underLtood 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- f.ctinna enabling the County to certify that the Bonds are not arbitrage bonds) . The Borrower also agrees that in :.c e-•ent thrt. it determines that a portion of the Land to be acquired out of the III 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, Abbud Dabbura rr - Mary ra Accepted this C'noday of October, 1984, pursuant to a Resolution passed by thety 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 wr_ryn . 5 rt, er c �� y ona Bo a s, rest e;�t • Commi County f * ioners DVGa4 Va County 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 DAHBURA AND MARY DAHBURA TO 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 THAT SUCH REVENUE BONDS AND THE INTEREST THEREON SHALL BE LIMITED OBLIGATIONS OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, REPAYABLE SOLELY FROM THE REVENUES DERIVED FROM LOAN REPAYMENTS ( NTH PRINCIPAL AND INTEREST1 MADE AVAILABLE FOR SUCH PURPOSE, AND THAT NEITHER SUCH REVENUE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN IN- DEBTEDNESS OR A GHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF COUNTY COMMISSION- ERS OF WASHINGTON COUNTY WITHIN THE MEANING OrA'W CONSTITUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND THAT NEITHER SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF COUNTY COMMISSIONERS OF WASHING- TON COUNTY; AUTHORIZING AND EMPOWERING THE 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 VARIOUS OTHER MATTERS DETATL.R, T OL'U- /11PIlC1JYQ •nravv., v.w•,.... _ _ 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 Dtlslne66 d! Qesl In ana maiiulau..us�T,'"' ....o....... 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 c_ 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 washing—£on 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 a_ en�n of the County for expenses, all of xilt�eiiii►xiiGii%avi+ and w yoj:..�...+... County 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. BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF WASHINGTON COUNTY, That, acting pursuant to the Act,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 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 Bonds iu.iuuin `w`o G instru- 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 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 he leased by the Borrower to the Tenant for office, manufacturing and warehouse 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 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 ccd $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 THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the President o tie 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. SECTION 4. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bons shalle 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 onLI 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 (o 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 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 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 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 contraCL yr vi t l.ii - 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 NEITHER THE BONDS NOR 1EREST 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 Bonds of each series shalla 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 provisions of this Resolution are severable, andirany 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 inappiieabiiity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Resolution or their application to otter 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, Tat 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 COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That this Resolution sha11 take effect rom the dateóf its adoption. PASSED AND ADOPTED this jj day of October, 1984. ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: at ryn . Short Rona L. Bo , Presi ent Clerk Board of County Commissioners of Washington County [SEAL] -10- OCTOBER 23, 1984 MINUTES, CONT'D. EVENING SESSION The ee ng 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 11 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. i 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. ADJOURNMENT {I Motion made by Commissioner Snook, seconded by Salvatore to adjourn at 9:00 p.m. Unanimously approved. If my tarn 17CJerk 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. I' INVOCATION AND. PLEDGE OF ALLEGIANCE The invocáEThn was de13vered by Rev. Richard Gross, Virginia Avenue Baptist Church, Ij followed by the Pledge of Allegiance to the Flag by the full Assemblage. H PROCLAMATION - NATIONAL HOSPICE MONTH MIW y nmm nna�r nUaYYp; a rnnded by Snook t-n Proclaim the Month of I Novemaer 1984 as National Hospice Month in Washington County and to encourage county-wide recognition of and support tor hospice care and our local hospice program as a humane response to the needs of the terminally ill and as a viable j component of the health delivery system in thi.s county. Unanimously approved. Commissioner Roulette read the Proclamation and presented a copy to local. Hospice officials. TOURISM UPDATE I Bob 0' nnor, lrouriam Director, appeared before the Commissioners to inform them that the new Tourism Poster/Brochure had been published and is being distributed. ® j 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 1-70 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 une 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 I-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 II 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 Motion ma e by Coinmiesioner Roulette, seconded by Snook to pass a Resolution adopting local standards and incentives concerning the Washington County Regional Airport +I Enterprise Zone. Unanimously approved. (Copy of Resolution attached.) RESOLUTION TO GRANT TAX CREDITS WITHIN AIRPORT ENTERPRISE ZONE MoEon made by osmr ss oner Roulette, 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 FREA AGENCY ON AGING ADVISORY COUNCIL Motiom made by CommisiieCommissioner noo , 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 Neill to September 1986. Unanimously approved. APPOINTMENT TO FIRE & RESCUE ADVISORY BOARD Motion made by Commissioner 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 y Snook to advance 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 f!"o on ma a Fly Commissioner 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 Dania DanieI STeedyIiTheveloper, 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 vanHilat, 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 I` process. I I REVIEW OF PROPOSED JUNKYARD ORDINANCE Aez rev ew ng the proposed junkyard 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 I o . on ma e y omm ss oner noo-)c,secotic�ed by Roulette to instruct the Sanitary Commission to proceed with scheduling a Public Hearing on Alternative III for pro- IIII viding public water service to the Martine Crvnd,oa3n/Cesrfoas Aria, which in,-1,!des all extended service areas, i.e. , Pine Crest/Rash Road, Mount Tabor Loop, Broadfordin j Road west, eroadfording Church Road & Fairview Road, Conococheague area along U. S. Route 40 and Point Salem Road and vicinity. Unanimously approved. OCTOBER 30, 1984 llEr10T1 ,CONT'D. O Received for Record: November 21, 1984 at 3:00 p.m. Acts, Ordinances, and Resolutions for Washington Co. Liber �+ 1 Office of the Clerk of the Circuit Court for Washington County I� ! RESOLUTION ADOPTING PROPERTY TAX CREDITS PURSUANT TO ARTICLE 81 AND ENTITLED REVENUE TAXES, OF THE ANNOTATED CODE I! OF THE PUBLIC GENERAL LAWS OF MARYLAND i ! WHEREAS, Article 81 Revenue and Taxes, Section 12G-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 jherein are incorporated and made a part hereof by reference; WHEREAS, The Board of County Commissioners of Washington County, Maryland, is a body politic and corporate of the State of Maryland existing �r 1 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, 'I Washington 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 +I County, 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 I) II II (y County, Maryland, as the said duly constituted legislative and governing body of Washington County, Maryland, has determined that it is for the best interest Hof the County and citizenry in general to provide for certain tax credits in IIaccordance with Artic'.e 81, in order to stimulate local development and growth with emphonis on reinvestment by providing certain local tl incentive credits ! f, to those persons, firms, and corporations involved in renovation of existing Me -i ! .i Y4 V`JmLLlzu aV \.a vvevLvv• v , - III 2 NOW, THEREFORE, Pursuant to the provisions contained in the laforementioned Article 81 and the General Powers of the Board of County lCommissioners of Washington County, Maryland, it is hereby RESOLVED by the Board of County Commissioners of Washington County, Maryland, that certain tax I credits against County property taxes for improvements to existing property or Knew construction shall be granted under the following terms, provisions and conditions: I. ESTABLISHMENT OF TAX CREDITS The Board of County Commissioners of Washington County, Maryland, I , 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 new construction and not upon the increase in assessed valuation. II. CONDITIONS FOR QUALIFYING FOR THE CREDIT A. General Conditions i I All persona, firms, corporations, or legal entities of whatsoever nature or kind who own commercial or industrial property within __J 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 imorovemente or new construction must be for the use and benefit of the applicant property owner (s) 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 coats in order to be eligible. j -z- I I 3 ii In order for new construction to be eligible for the II 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. I ' B. Application Procedures 1. Filing. Applications shall be made by the I !` 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 or completion date, of either improvements or new construction, shall be the date 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 (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 I!_ that may be determined or required as necessary for the permit in accordance II sure that be promulgated from time to time. with admiltieidLivu procedures a �...maybe r -�- n -�� Verification of the costof any improvements or new construction must be furnished by the applicant at the time of application. -3.- I = I 4 III. AMOUNT OF THE CREDIT II 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 of 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 cost of construction for the period ;I ii hereinafter set forth. IV. DURATION OF CREDIT A. Improvements to Existing Property A qualified applicant shall receive the tax credits Teferred 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 C 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 I �f defined by the State of Maryland and the Board of County Commissioners of iWashington County, Maryland. C j V. APPLICABILITY OF TAX CREDIT RESOLUTION This Resolution shall be effective from the date of its passage up to and including the 14th day of June, 1989. Applications for eligibility it under this Resolution must be filed prior to that date. VI. PROCEDURES FOR APPEAL In the event that any applicant is rejected by the County JJ! Administrator and determined to be ineligible for the tax credit provided for it in this Resolution, said applicant may appeal the decision as follows: -4- 5 I I A. A notice in writing must be filed with the 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 henefite that the applicant may be entitled to from my 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 II Hagerstown. I! - i l -5-, I ' 6 Adopted this day of 1984. BOARD OF COUNTY COMMISSIONERS OF ATTiW)f''•a�r..Tb7$7FN,ATURE WASHINGTON COUNTY, MARYLAND f Al4b.CORPwATz.A. AL- ` BY-Ronal�d�L. Bowe , Preeiden F. ott, Okerk Richard E. Roulette, Vice-President R. Lee Downey F��•-�, G •i.,..G .�•� �• J R. Salt' ore — rCJR�`+r— —SAL L -ISnoo APPROVED AS TO FORM: d K. Poole Jr. County Attorney Approved this y�D day of �..I6 , 1984. II -6- 0 p x a t 2 0 1- .t - ff � o n OCTOBER 30, 1984 MINTITES. CONT'D. Received for Record: November 21, 1984 at 300 p.m. ' S Acts, Ordinances, and R solutions for Washington County Liber 3 998 Office of the Clerk of the Circuit Court for Washington County II �I RESOLUTION FOR WASHINGTON COUNTY REGIONAL AIRPORT ENTERPRISE ZONE I �I WHEREAS, the State of Maryland has passed legislation providing for Ithe designation of Enterprise Zones in the political subdivisions of the State; and I � I 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 encompasses the Airport and other surrounding properties in Washington County; 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; I 4 NOW, THEREFORE, BE IT RESOLVED, that the Board of Ccunty 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: I I 1. Meet all requirements of the County government including �planning, zoning, and code compliance as applicable. 2. Be r rttfied .. .nlfy ng by the Enterprise Zone Administ_etor Sand meet the full-time employment or capital investment criteria. 3. Make a capital investment of at least $5,000 after June 15, 1 1984 in ordesr to qualify for either the State or County property tax credit plans. 4. Create at least one new job after the designation date of �IJune 15, 1984 in order to qualify for State income tax credits. j I I II 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 Utter 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-• 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 Development 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. — Ii 4. Application of a local property tax credit plan which would �apply to a minimum capital investment o£ $5,000 and result in a 100% credit for three (3) years for rehabilitation projects, and a 50% credit for five (5) I yearn far new construction. The aggregate credit from this plan and from the 'I I I !_ II -2- ±I i iy — •1000 Enterprise Zone property tax incentive credit cannot exceed 1002 of the ,'increased property taxes resulting from increased assessments. There will be no property taxes of any kind refunded and all credits must be absorbed in the year in which credit is applied. 5. Coordination with local educational bodies and state training i1agencies to make available, on a priority basis where possible, educational courses, vocational training, and job counseling and placement opportunities. 6. Attractive leasing terms on County-owned land to include: Fifteen (15) year rent free lease for client constructed facility, after which facility becomes County property; payment-in-lieu of taxes for assessed value of building for the lease period; option to extend lease for additional fifteen (15) year period for negotiated fee; the right to construct aviation fueling facilities for the use of the client; and no Airport landing fees, if imposed, for the first two (2) years of occupancy. Adopted this 3O day of (S ()'� J , 1984. BOARD OF COUNTY COMMISSIONERS OF A'D1'E$T AS TO.SIGNATURE WASHINGTON COUNTY, MARYLAND AND Ct1RPO1tATE'SEAL: , a Ronald L. Bower , President t yx,,l?. rt, Clerk and E, Roulette, Vice-Prco. £ " ] � //rr_ R,. Lee Downey n R. Salvatore ii - -- i Martin L. Snook APPROVED AS TO FORM: it it avid K. Pala, J County Attorney II Approved this , r;?__` ^'._ day of L"-' �(,r�,L , 1984. fi I dJ 1 J � U 4 z.... � ,im34 � � S r c. ®I �S OCTOBER 30, 1984 MINUTES, CONT'D. ENFORCEMENT OF PARKING ORDINANCE Motion made by Commisif6ner 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 County Treasurer. Unanimously approved. APPOINTMENTS TO NACO LEGISLATIVE COMMITTEE 0MtIon made by CommiiiIer 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. � I MINUTES OF COUNTY COMMISSIONERS MEETINGS Motion made by Commiss oner 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 Motion madeby Commissioner 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-Meeting was recessed at 12:00 noon for lunch. AFTERNOON SESSION TTiAfternoon 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 CommissI6r Roulette, seconded by Downey to convene in Executive Session at 2:00 p.m. in regard to personnel and property matters and potential litigation. Unanimously approved. RECONVENE IN REGULAR SESSION MOtion made by omm 8ssioner Salvatore, seconded by Roulette to reconvene in Regular Session at 3:00 p.m. Unanimously approved. TRANSFER EMPLOYEE TO MAIL/COPY ROOM£ 0 on ma e yCommissioner Salvatore, seconded by Downey to approve of the transfer of Sally Powell from the County Commuter System to the position of Clerk Typist in the Mail/Copy Room on a 90-day probationary basis, to fill an existing vacancy. Unanimously approved. TRANSFER EMPLOYEE TO FULL TIME BUS DRIVER ;�To1fion made by Coss oner Roulette, 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 HlatIon made by Commissioner Salvatore, seconded by Roulette to approve of the transfer of Constance Parkinson from the Department of Housing & Community Develop- t ment to the position of. Administrative Secretary iii the County Commissioners' Office; to fill a pending vacancy. Unanimously approved. RE_PART-TIME PAR -TIME BENEFITS AMENDMENT TO PERSONNEL RSONNEL POLICY _ . II Mation made by Commissioner Roulette, seconded by Downey to amens the County`s 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 three (3) full consecutive months will be offered regular county benefits on a prorated basis. Unanimously approved. EMPLOY ROADS DEPARTMENT PERSONNEL Meson made 5y�ommml..ssiener Io-ulette, 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 in the position of Motor Equipment Operator T on the Roads crew for the Washington UCounty aoaos uepartmenr., to fill exist3ny vaCaf1L.ea. u1141+i mvuaiy o�+tavr au. EMPLOY PARKS DEPARTMENT PERSONNEL Mot on made by c'ommresioner Downey, seconded by Salvatore to employ Rodney Bowers in the position of Maintenance Man I for the Parks Department, to fill as existing vacancy. Unanimously approved. OCTOBER 30, 1984 MINUTES, CONT'D. AWARD CONTRACT FOR TOURISM KIOSKS Motion made by Commissioner "alvatore, seconded by Roulette to award the contract for constructing four (4) tourism information kiosks to Graphic Solutions who submitted the low bid of $4,500. Unanimously approved. 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 by Commissioner Salvatore, seconded by Snook to adjourn at 8:45 p.m. Unanimo sly approved. Count ttorney o ;!;:; Clerk 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 I.. 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_ was delivered by Commissioner Bowers followed by the Pledge of Allegiance to the Flag by the full Assemblage. ii PROCLAMATION - EPILEPSY MONTH otijon mane-iy Commies oner Downey, seconded by Salvatore to Proclaim the month of November 1984 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 j mainstream of American society. Unanimously approved. I! Commissioner Downey read the Proclamation and presented a copy to Gerald Goessel, Regional Services Coordinator. III PROCLAMATION - COMMUNITY EDDUCATION_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 sense, of community they have strengthened through community education programs. Unanimously approved. I it 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 - WEST FIELD 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, 1984. Motion carried with Commissioners !I 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. II 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 II of Washington County to testify on this proposal. Unanimously approved. REVISED JUNKYARD ORDINANCE After due consideration of the proposed Junkyard Ordinance which had been revised 'I to provide for the regulation of junkyards, public or private dumps, automobile l+ 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. I ACCEPT STREETS INTO COUNTY ROADS SYSTEM - LONDONTOWNE PHASE II I 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 itMotion 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 Bids 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 D..F.. — 847 Co ,.t .�� ate, — 827 Y.n n-F-11 _ 81S Parke — _847 Airport - H 857,r 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 - diesel fuel .8539, Roads - diesel fuel all locations .8539, Roads - regular gas 7889, no lead .8189, Sheriffs Department - no lead .8589, City of Hagerstown - regular gas .7889, no lead .8169, diesel fuel .8539; EWING OIL COMPANY - Civil Defense - no lead .894, diesel fuel .884, County Commuter - regular gas T04, diesel fuel .872, Landfill - regular gas .864, diesel fuel .924, Parks - regular gas .864, diesel fuel .884, Airport - diesel fuel. .884, Roads - regular gas 11 1nrrti nna .An4. nn le .RU . Ai pgel fliP1 .774 ..1;heri ffe DPnnrtment - no lead 944, City ofHagerstown - 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 be reviewed by appropriate officials prior to a decision being rendered. NOVEMBER 13, 1984 MINUTES, CONT'D. CONVENE IN EXECUTIVE SESSION Motor made by 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 II 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 Motion 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 T e 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 Salvator 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, seconded by Downey to adjourn at 8:00 p.m. Un imously ap owed. Co y At o ey Clerk November 19, 1984 II 1 II PUBLIC HEARING - REZONING CASES 298 - 301 K3€ Fubl c Hearing was convened in Court Room kl 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. Wolfor 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 th j Record would be kept open for ten (10) days for additional testimony to be submitted 1� in yr:riting. The Hearing was closed at 10:30 p.m. I{ II Eou At, r y Clerk I ' 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 Presiden 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. Jr 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 If 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 H 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. I� 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 III 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 Commizeicnero x reeend the_.r evil of the concept and n rt foi a �prr ^:pt appo �t being further studied. TAX DIFFERF,NTIAI, 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 fox 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, pursuant 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 $40.6 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 Commi3sioner 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. tl 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. ii 1 II NOVEMBER 20, 1984 ( MINUTES, CONT'D. RECONVENE IN REGULAR SESSION AND ADJOURN Motion made by Commissioner Roulette, seconded by Downey to reconvene in Regular Session and adjou n at 5:15 p.m. Unanimously approved. ( County Attorney II , Clerk November 27, 1984 Hagerstown, Maryland 21740 i { 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 y 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 N3; 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 Mown ma a by Comm s-�oner Downey, 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 MACNNINE FOR DETENTION CENTER Mt nn ma by CnmmTThner owney.ssPco�_ad_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 Mat on made Ey CoCoas one fouIette, 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. TNOT.I1Tn F1 ATRPGRT FTRRFTC.II9'RRS TN WORKERS COMP. II Mott n made oy Commlieioner Downey, secandl�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. 4' COMMTT MATCH INC FUNDS FOR TAND PRESERVATION 2iot.�oe made 6y ��mm�e��oner 8noo7i,seconiTec7 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 adraft .letter 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 Commissioner Snook,seconded by Roulette to house Engine 04 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 Sy 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 Motion made by Commissioner Roulette, seconded by Downey to approve of the following personnel matters: TOURISM INFORMATION CENTERS - Promote Lola Teeter to Supervisor of the 1-81 Center, Lisa Frye to full-time at the I-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 exis ng vacancy. ACCOUNTING DEPARTMENT - y 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 o fill an existing vacancy. Unanimously approved. ADJOURNMENT Motion made by Commissioner Snook, seconded by Roulette to adjourn at 12:_i0 p.m. Unanimously a roved. E / t _ ty Attorne Clerk 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 Downey„ John R. Salvatore and Martin L. Snook. +) INVOCATION AND PLEDGE OF ALLEGIANCE Thm �rivocaon was Reverend Lawrence J. Conway III, St. John's Lutheran rh,,,-,.h. fn11nwed by the P1edue of Allegiance to the Flag by the full assemblage. IICERTIFICATE OF MERIT - STANLEY "RED" YOUNKER 1'Fia Commissioners presented a Lrerti£ic�te 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 II on November 9, 1984. 911 ENHANCED SYSTEM Imo on rneae b ommissioner Roulette, seconded by snook to schedule a Public Hearing I!, 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 I, System. Unanimously approved. it 1i DECEMBER 4, 1984 MINUTES, CONT'D. ADVANCE TO SANITARY COMMISSION - HIGHFIELD PROJECT Mot on made by Commissioner Downey, seconded y Roulette to advance $20,000 to the Sanitary Commission for the final engineering design and specifications for the 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 Commissioner 5alvt6ie, Seconded binded 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- mously approved. REVISIONS TO ELECTRICAL CODE Motion made by Commissioner 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. 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 41 and priority #6, Washington County Halfway Community Park Development #4. Unanimously approved. REQUEST FOR ADDITIONAL SPACE - STATES ATTORNEY M. Kenneth Long, YT7State's Attorney for 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 Commissioner Snook, 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 Rou et e, secona6T-b oT 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 Commissionerlvatore,seconded by Downey to approve of the Minutes jj of the County Commissioners Meeting on November 13, 1984, as submitted. Unanimous) approved. CONVENE TN NXRCTITTVE SESSION H Mom on made y Commissioner Roulette, seconded by Salvatore to convene in Execuciv H 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 Motion ma�cfliy Commissioner Salvatore, seconded by Roulette to reconvene in Regular Session at 11:00 a.m. Unanimously approved. I � PUBLIC HEARING - RYD�ER/PP--I-E BOND ISSUE ■ i 'I�ieIreeld nt convened the'Wee ng anPublic Hearing at 11:00 a.m. to permit any resident. of Washington County to testify in regard to the propuseu ltlnuaa oa of Economic Development Revenue Bonds in an amount not to F•xceed $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 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. it DECEMBER 4, 1984 MINUTES, CONT'D. RYDER P-I-E BOND ISSUE RESOLUTION Motion made by Comm[se over 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 Resolution 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 Notion 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. `r. CHANGE ORDER TO CLEAR SPRING SCHOOL DEMOLITION CONTRACT Motion made by commissioner 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, i9@5. Unanimously approved. GGMITHSBURG POLICE OFFICER ON COUNTY INSURANCE PLAN Motion made bCommissioner Salvatore, "seco n by Roulette to approve of including the Smithsburg Police Officer under the County Group Insurance Plan, with the town paying all costs for this coverage. Unanimously approved. EMPLOY CLERK TYPIST - HOUSING Mot an made by Commissioner Salvatore, seconded by Snook to accept the recommendatio 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 Motion made by Comm stoner 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-61 Centers. Unanimously approved. AGREEMENT WITH ALPHIN AIRCRAFT FOR NEW FACILITY fat ... made y commissioner Sa vatore.. secon Ted by Snook to approve of the agreement withvAlphin Aircraft, Inc. for construction of an additional aircraft hangar at II 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. (I ou y Attorney / DECEMBER 4, 1984 MINUTES, CONT'D. 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 266-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 INTEENEST THEREON SHALEULTMITED OBLTXTIONS OF O COMMIS�ION R P WASHINGTON CO REPAYS SLELY FROM THSRE IUEDEWVED FROM LOAN ENDS (BOTNI P I�t NC i A D ICI FE1 ) M i AVAILABLE FOE1i)C1FUET JAD THAT NEI SU BOIL§ 1 OR INTE ST THEREON SAAEL DER CONSTITU1 ANTINDEBTEDNESS OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF CTVCONISSIONERS OF WASHINGTON COUNTY idI ITS MEANING OF ANY CONSTI�IJ- TIONAL OR CHA YER PROVISIöi -OR STATUTORY LIMITATIdi AND THAT NEITHER SHALL EVER CON- STITUTE OR GIV RISE TO ANY PECUNIARY LIABIL TY OF COUNTY CdM_ ISSlONERS OF WASHING TON COUNTY AUTHORIZING AND EMPOWERING XRDOFCOUNTY COMMISSIONERS OF WASHINGTON COUNTY, PRIOR TO THE ISSUANCE, SALE AND DELIV- ER? OF SUCH REVENUE BONDS, TO PRESCRIBE THE RATE OR RATES OF INTEREST SUCH REVENUE BONDS ARE TO BEAR, THE FORM, TENOR, TERMS AND CONDI- '1 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 DETERMINING VARIOUS ,,ATTEIIE - � I l - I 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 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 ail other property of every description and nature from time to time by delivery or by 4 _ -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 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 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 Bonds including those instru- m .L I. L JV& , ..4i iV.�_ 1-gib w.rwwiw erlLe a�pprvvad t,7y 6110 lei 1 Lbal vl u i�ri � 43 V ulvi 1�101ri W/Ia N..-/ together with the Loan Agreement, collectively, the "Bond Docu- ments"), contains, or shall contain, such provisions as the County 4 -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 COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the County hereby approvesand iiauthorIedan 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 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 -5- a 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 principa]. 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 o 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 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 executed a name o �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 Clark 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 a _«__� J L.. 4k- n1.-4 ". ♦h,e Bo a..4 (nl. r..laar ol.t he,r� 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 I .I 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, sae and a ivery of tBonds, 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 with all other 41 fii140Vti v7; vVri.e ili i.iiY by ON•iY fF5YViMti vn, 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 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 reprreentation made ny Lhe 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 e 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, T at the provisions oT 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, -g- Ilwn Iiip Iilf 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 �I 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 he 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 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 unlessun1e1iiuch time period sal1 be 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 BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That this Resolution shall tae effect rom the date of its adoption. PASSED AND ADOPTED this 4th day of December, 1984. ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: ≤ L a yn . S ort Ronaia L. Bower p, Press ent Clerk Board of Countf Commissioners of Washington County [SEAL] -10- EXHIBIT A LETTER OF INTENT • r EXHIBIT A NARONVVIDE _ nynEn/i'IE I -' 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 81,000,000 (the "Bonds"), pursuant to Sections 266A through 266-I, inclusive, of hrticle 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. Ij It is proposed that the County loan the proceeds of the YV�.Y -�- ( "Len") to the Borrower pursuant to the terms and W (the he "Len") provisions of a Loan Agreement to be entered intu by the Count; 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- t RYDERJP,I E NATIONWIDE.INC. 'O HUk X40H ',u.suhcri i I 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 used{bsaL1 ewer 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 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) 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 = 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 I� 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 ;L 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 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 of the appropriate legal documents necessary to effectuate the H 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) 17 performing services by or on behalf of the County in connection with the transactions contemplated by this letter of intent i7 whether or not the proposed financing and acquisition are consum- mated. T 1 L i6 J. 1.i10i Yi7�AV i.a by Vli .' - ____ 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- F 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 H 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 I ' 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 H in conjunction with, and its acceptance of, this letter of intent it are intended solely to implement the financing of the Facility it described herein by enabling the issuance and sale by the County H 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 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 to withdraw any authorization set forth in the H 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. r►�.� r ...� (Title) Accepted this 23rd day of August, 1983, pursuant to a Resolution passed by the County Commissioners of Washington County itI i 1 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. ATTEST: COUNTY CO!21I SS ONERS OF WASHINGTON COUNTY Sy: er ona ers, rest ent Board of County Commissioners of Washington County Ic E3GAIBIT B CERTIFICATION OF PUBLICATION _ - - --i ice.... •. } � r 1 V Monnlo�w•e i Ae ncl Mdo • l7•u"1.Tfp O"1 THE HERALD-MAIL COMPANY [1e1ko 4 t�1re•r•Iwn Not a•u•Ik a Ioarft will••MIS an Daeam•or I ' r M Wee W Ceanlr Carnmlulrwl s. N» cwnwal,l: o.Nt. Ragerslo , M4., . .. .] . CM11mIis snK1, MNIIN• or a•N caaMrO11••.par A V lk e"l�ewd •dvWiso W ,firs It HIb- 1a11M«Mr umtr K R�I� i � wl,.an arr•°I'iaNa k fir DTI L i f x • 4y •ew:pcp pwbaw lu Weshiszg!o• Corwty, i •d�wluallin • r 1D �•rti M ni• THE BSRALO•JiAIL CO. eala,eallMNw: MFAtI�ITr:Tn.�l•rcani• / Ike /3 o •/ / }11)N11I��j1 It ; K lala► M 1 toCAT+_�IQII:tdwWy la• aM 1= wrrrlw,rt„� r IMITIAO%YwuILITY: NrMsrrlr *d., IR• i lido f ' [T __�a M���(Cw�aw Nrr 11MIM�N • t� December 11, 1984 Hagerstown, Maryland 21740 ® I The Regular Meeting of the Board of County Con¢nissioners 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 ellvered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full Assemblage. STATUS REPORT - SELF INSURANCE PROGRAM Aljii vls, Personnel Admiiilifrator,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. APPROVE COUNTY TREASURER'S BOND Motion 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 Mot on made by Commissioner Roulette, seconded by Downey to approve of the Agreement with the Town of Funkstown for administration of its Community Develop- ment Block Grant in the amount of $500,000. Unanimously approved. APPROVE ISSUANCE OF UTILITY INSTALLATION PERMITS - MAUGANSVILLE Mot on made by Commissioner Roulette, seconded by 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 made 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 ma di by Commissioner 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 Conan ss oner 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 to this pocitio , effective January 2. 1985. Unanimously approved. PROMOTIONS FOR COUNTY TREASURER PERSONNEL Mot on made by Commis oner 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 Tanner to Deputy Treasurer II. Unanimously approved. RECESS Tie Meeting was recessed at 10:00 a.m. for field inspections and was reconvened t 11:00 n m PUBLIC HEARING •- LONOONTOWNE DEVELOPMENT III The rea3.2Cen-t cunvenod ho Epee ng n uiITc 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 i of constructing an apartment complex to be known as Londontowne, Phase III. Daniel Sheedy, developer, explained that the proposed rental multifamily complex. I I' DECEMBER 11, 1984 MINUTES, CONT'D. 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 y of Housing and Community Development, explained the income limits for the low and moderate income households. Dean ]teagy, 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-hanqars, as follows: A].terrates 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 convened the Meeting in Public Hearing at 2:00 p.m. to permit any resident of Washington County to testify in regard to 1.he 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 being no one present to speak for nor against said Landing Fee, the President announced that the Record would remain open for ten (10) days for comments 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 ll(a) (6 & 7) of the Annotated Code of Maryland. Unanimously approved. -++ONTEN! IN AF1r[IT.AR SESSION Motion madeby Commissioner Roulette, seconded by Snook to reconvene in Requlal Session at 2:30 p.m. Unanimously approved. DECEMBER 11, 1984 MINUTES, CONT'D. PUBLIC HEARING - REGULATION OF JUNKYARDS, ETC. The The President convene the Meet ng n Pu c 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. Co y At orney _, 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 Geo_ge Wymer, as a replacement for Robert O'Connor, to serve as members of the County Awards Committee. Unanimously approved. II CONFIRMATION OF COFFMAN HOME BOARD APPOINTMENT iii Motion made by Commissioner RrnilettA; gA .nn�]Ai by Downey t.o confirm the appointment itof Howard Kaylor as a member of the Board of Trustees o€ 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. III MINUTES OF COUNTY COMMISSIONERS MEETING FOR NOVEMBER 20, 27 AND DECEMBER 4, 1984 Motion made by Commis`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 motion mrda by (nmmleainner Roulette. seconded by Downey to approve of the transfer of $2200 in the Tourism 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. I I! ii DECEMBER 18, 1984 MINUTES, CONT'D. JUDGES OF THE ORPHANS COURT PLAQUE 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 Judges' requests 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 $6,000 an acre as a site for his truck repair business. He also said he would like to acquire the improvements on the property in exchange for extra work required on the old jail demolition project. The Commissioners took the offer under advisement at this time. REZONING CASES 298 - 301 After due consideration of the matters and facts adduced at the Public Hearing held on November 19, 1984, the correspondence received in the ten-day period following the public hearing, the recommendations from the Planning Commission and review of • the hearing transcript, the following decisions were rendered on Rezoning Cases 298 - 301: R$-298 !lotion 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 'm for Sccticns 11 1 and 29-83 of the of. the Pisnning Commisgiun ivx a rat A7rc,u..2rit 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 Motion made by Commissioner Salvatore, seconded by Roulette to assist the Williams- 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. 3ELLcION 0.^^' 40::8 COJNSEL FOR 90mD rcg!!F Motion made by Commissioner Downey, seconded by Roulette to concur with the recom- mendation of the County Administrator. and Director of Finance and select the firm of Piper Marbury, who submitted a proposed fee of not to elcceed $10,750, as bond counsel for the forthcoming county bond issue. Unanimously approved. DECEMBER 18, 1984 MINUTES, CONT'D. 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. RECONVENE IN REGULAR SESSION AND ADJOURN Motion made by ommissioner Salvatore, seconded by Roulette to reconvene in Regular ion at 12• p.m. and adjourn. Unanimously approved.4, 4/4Ik -,ty me Clerk 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 citizens in celebrating the theatre's 70th anniversary. The proclamation was read by Commissioner Bowers. REQUEST FOR GRANT - MARYLAND THEATRE Mr. Wr.TT 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 a I� D81i7.I1 V'tl. UllQ ll lily ii6 iy arpru;;G`.'• LONDONTOWNE DEVELOPMENT - SECTION III Uaniel Sheedy, local developer, appeared before the Commissioners to present the additional information which the Commissioners requested at the December 11, 1984 public hearing regarding the feasibility study for the Section III phase of his Londontowne development. Annette vanHilst, Director of Housing & Com.nunity Development, also appeared before I 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 iz. a..._ ,. for a $6 million dollar TRA An,1 rhAt A resolution 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 II for this project, with the understanding that the Commissioners' approval of the final resolution will be contingent on the feasibility study substantiating the li need for this project. Motion carried with Commissioners Roulette, Downey, Snoop, and Bowers voting "AYE" and Commissioner Salvatore voti.ny "NO." DECEMBER 27, 1984 MINUTES, CONT'D. jI 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 in tho ten-day period following the hearing, the following action was taken. Motion made by Commissioner Snook to exempt scrap processors from tha 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 After d1i consideration of the matters 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 $75 landing fee for aircraft seating 30 or more. Unanimously approved. • REZONING CASE RZ-300 A 1$t ter was received from Mr. Robert Fritz requesting that his application for • resoning, 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 Motion 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 Mown macTe by 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 Ma�ton made--gyp Ca�sioner 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 personal day if they wuik three to six monthe within th„t calendar year and receive both personal days if they work six months or more. Unanimously approved. EXPENSES FOR JUDGES OF THE ORPHANS' COURT Motion a by commissioner Salvatore, seconded by Snook to extend to the Judges of 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. LOAN OF FILM uA61NET — riILLIi::S-nOnT LITTLE T ( 11 Mpt�nn mts a y C _=i sa ones 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. # it - II DECEMBER 27, 1984 MINUTES, CONT'D. U RECEIVED FOR RECORD January 7th 1985 at 9:11 o'clock A M. Acts, Ordinances and Resolutions for WaeRagtan County Liber No. $ � z Al ORDINANCE TO PROVIDE FOR THE REGULATION OF JDAETARDS, PUBLIC OR PRIVATE DIPS, AUTOMOBILE r GRAVEYARDS, ADT IWTIVE DI$NANTLER AND BICYCLER FACILITIES, OR SCRAP NETIL PROCESSING FACILITIES IN WASHI$GTON COONTT, 1'IARYLAND WHEREAS, The General Assembly has enacted Article 25, Section 122A of the Annotated Code of Maryland, effective July 1, 1961, which provides that the County Commissioners of 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 diemantler and recycler VID K. MOLL.JR. ♦TTOKNRT+rules I faeili* ww, c,r scrap metal processing facilities in Washington NI :R,TOWM TIIYOT RLOG.II ,i VT WAtKIKOTOR,I' County, Maryland; and T '.R,TOWR.MNRTLA MO , 1 II i j1� I !I I II S . 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, reptiles, 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 WHEREAS, Adequate protection of the public health, — DAVID K MLE,JR A7T011N OY AT MW safety, and welfare requires that the business of handling and NAO[ROTOWN TRUST OLOO Of WOTWAONINOTONOT dealing in junk be regulated and controlled; iAO1ROTOWN,MARYLAND 01740 2- 1 _ 1 - . 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. 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 DAVID K POOLE. JR ATTOMEYAT{.AW motor vehicles or motor vehicle parts. "AGROW"W"TRYST SLN �I W"T WAt"IfWT0N OT I` D. "Automotive dismantler and recycler HAO{IgTOWM,"A"YM"0 facility" shall mean an establishment or place of business that -3- • to 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 the Washington County Department of Permits and Inspections or his authorized representative. H. "Junk" shall mean old iron, steel, brass, copper, tin, lead, or other base metals; old cordage, ropes, DAVID K. ►OOLE, J . ATTORNEY AT LAW rags, fibers , or fabrics ; old rubber; old bottles or other MAREAUTOWN-RUST Y4D.. II WSST WASMIKOTON ST. glass; bones ; wastepaper and other waste or discarded material I MAOEESTOW N,MAUYLAND 917.0 which might be prepared to be used again in some form; and any -4- f 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 of 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 of 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 in effect a separate license for each yard. DAVID K. POOLE. JR. A"" "A'LAW 3. License -- Application--Contents. Application NAORII$TOWM TRUST OLD$. H WAAtWAANINA?ONAY. II for such license shall be in the form prescribed by the Board of MAOlADYOWN,MARYLAND County Commissioners and shall be filed with the Director of -5- r 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 material1 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. POOLE, J,1. ATTONN1Y AT LAW submitted. NAO{ROTOWN TRUST OLDO. t_____ i f TL.. Tl a.... •I W{OTWAONINd7OMAT. II 4• LLCCIIse 1I3V Cif 41�64iVu• ALA a•�ica...v. ..,a� __ KAOONYTOWN,MARYLAND .,,., investigate to determine whether any junkyard, public or private _ 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 ($100.00) 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. B. The junkyard, public or private dump, DAVID K. POOL[, J . ATTORMIY AT LAW automobile graveyard, automotive dismantler and recycler MA.K*.TOW fl U.T OLD*. A'ws.TwA."'NOT°"°T. II facility, or scrap metal processing facility, together with MAOIRITOWM,MARYLAND .IT.O -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. I. Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises. DAVID K. POOLL JA. ! _ ATTOIINRT AT LAW J. No junk or other material shall be burned NAO[IMTOWN TWIST•LDO. _ OI WK#TWAONINOTOIJOT. II on the premises in any incinerator not meeting the requirements HAO•N•TOWN,MAMVLAND SITOO of any applicable statute or regulation; and no junk or other -8- • 15 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, 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 scrap 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 DAVID K. POOLK, J . ATTOAN[Y AT LAW than the name and character of the business of the owner. 114. •WWM Twi wuw, .i WIOT WAS"INOTON OT. thereof. Pines or other trees approved by the Planning NAO[APTOWN,MARYLAND 917" Commission shall be planted ten (10) feet apart in front or 16 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 ($500.00) Dollars. Each day on which violation continues is a separate offense. In addition to the penalties prescribed by DAVID K. POOLE, J . ATTORNIV AT 6AW this section the Director shall have the authority to revoke or OI WNTWAAMINOTON Y suspend the license of any junkyard, public or private dump, HAGENOTOWN.MARYLAND X1710 -i0- 1'7 automobile graveyard, automotive dismantler and recycler facility, or scrap metal processing facility dealer violating any provisions of this Ordinance. 10. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. 11 . That this Ordinance shall take effect on the _ day of , l9 �• BOARD OF COUNTY COMMISSIONERS OF ATTE$T AS'TQ SIGNATURE WASHINGTON COUNTY, MARYLAND AND'CORPORA*'$EAL: W BY; on . o s, res ent i gyp nort., er WJTNE�s:' c ar ou 4 ≤trea. DAVID K. POOL[, J . � ATTORNEY AT LAW NA0{R2TOWN TRU2T•LiM,�� D F tl W22T WMNINOYON 2T. NAORR2ITOWN.MARY�ANb ,[/«�J ��~ • ee WneJ 217+0 /'te e f eig vyJl -11- Jo)yk R. Sa vatore rt n noo APPROVED AS TO FORM: -� v . oo r. County Attorn y APPROVED THIS 7 DAY OF . DAVID V. POOL1, J . -_ ATTONN{Y AT LAW NAO[11YTOWN TRUST SLOG. O1 W94T WAONI NO TON ST. II NAO[IIATOWN.MARYLAND 41740 _12_ Y*P a STATE OF MARYLAND WASHInOTON COUNTY DAVID K. PDDL11,JR. RECEIVED FOR RECORD ATTO NCY AT LAW HAptaIrpwN Taupt • Si W96T WAININGTQN sTa[tr HASrnI?CWN.MARYLAND 01740 I ER FOLIO �� II- VAUGNN J.PAKFii,CIERI( U'�'"�'A'" �' .� .,w w.,.. . .y,Hw�.Ww.�« _ ....*...... .,. .uP.r - ea �� i� I�i DECEMBER 27, 1984 MINUTES, CONTD. THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND II RE LUT10N 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 (S6,000,000) 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) proof +'^,t the "Project" has received final approval of its �....� "Project" site plan by the Washington County Planning Commission 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. Adopted at a duly called meeting of the Board of County Commissioners of Washington County on the ,?!,jJ day of li l WITNESS as to signature BOARD OF COUNTY COMMISSIONERS ATTEST as to seal OF WASHINGTON COUNTY DECEMBER 27, 1984 MINUTES, 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. jAt this time Commissioner John Salvatore was excused from the Meeting. 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 CLERK 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 i-81 Information Center. Unanimously approved. ADJOURNMENT Motion made by Commissioner Snook, seconded by Roulette to adjourn at 3:10 p.m. U imously approved. y At orney Clerk F,s r