HomeMy WebLinkAbout210713a-revJeffrey A. Cline, President
Terry L. Baker, Vice President
Krista L. Hart, Clerk
100 West Washington Street, Suite 1101 | Hagerstown, MD 21740-4735 | P: 240.313.2200 | F: 240.313.2201
WWW.WASHCO-MD.NET
BOARD OF COUNTY COMMISSIONERS
July 13, 2021
OPEN SESSION AGENDA
9:00 AM
9:05 AM
9:15 AM
9:25 AM
9:35 AM
9:45 AM
9:50 AM
9:55 AM
10:00 AM
10:05 AM
10:15 AM
10:20 AM
10:25 AM
10:30 AM
MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Jeffrey A. Cline
APPROVAL OF MINUTES: June 22, 2021
COMMISSIONERS’ REPORTS AND COMMENTS
STAFF COMMENTS - Special Recognition
CITIZEN PARTICIPATION
UPDATE – WASHINGTON GOES PURPLE – Emily Keller and Vicki Sterling, Co-Chairs,
Washington Goes Purple Committee
PROPERTY ACQUISITION FOR MOUNT HEBRON ROAD INFRASTRUCTURE
PROJECT – Todd Moser, Real Property Administrator
CUMBERLAND STREET PROPERTY ACQUISITION FOR PROGRAM OPEN
SPACE PROJECT – Todd Moser, Real Property Administrator; Andrew Eshleman, Director,
Public Works
WATER TRANSFER BUDGET – Mark Bradshaw, PE, Director, Environmental
Management
BUDGET ADJUSTMENT- NTF VEHICLE– Sara Greaves, Chief Financial Officer; John
Martin, NTF Director
PUBLIC SAFETY TRAINING CENTER - AUDIO/VISUAL EQUIPMENT CAPITAL
CAMPAIGN FUNDING – R. David Hays. Director, Emergency Services; Doug Mullendore,
Sheriff, Washington County; Danielle Weaver, Director, Public Relations and Marketing;
Susan Grimes, Director, Business Development
SOLE SOURCE PROCUREMENT (PUR – 1512) – CYBER SECURITY
SOFTWARE/SERVICE FOR THE DIVISION OF EMERGENCY SERVICES – Rick
Curry, CPPO, Director, Purchasing; R. Dave Hays, Director, Emergency Services
BID AWARD (PUR-1506) – PURE STORAGE FLASH ARRAY UPGRADE – Rick Curry,
CPPO, Director, Purchasing; Josh O’Neal, Director, Information Systems
CHILD SUPPORT ENFORCEMENT COOPERATIVE AGREEMENT – APPROVAL
TO SUBMIT APPLICATION – Lieutenant Valerie Buskirk, Washington County Sheriff’s
Office; Rachel Souders, Senior Grant Manager, Grant Management
NEXT GENERATION 911 ADDRESSING AUTHORITY – Bud Gudmundson, GIS
Manager, Information Technology; Jennifer Kinzer, Deputy Director, Planning & Zoning
Wayne K. Keefer
Randall E. Wagner
Charles A. Burkett
Page 2 of 2
OPEN Session Agenda
July 13, 2021
10:40 AM CHANGE ORDER REQUEST FOR HIGHWAY DEPARTMENT LINE STRIPING –
Zane Rowe, Deputy Director, Public Works Highway; Doug Levine, Supervisor of Operations,
Highway
10:45 AM FY23 FAMILY LAW FUND – APPROVAL TO SUBMIT APPLICATION AND
ACCEPT AWARDED FUNDING – Kristin Grossnickle, Court Administrator, Circuit Court
for Washington County; Allison Hartshorn, Grant Manager, Grant Management
10:50 AM EMERGENCY MANAGEMENT PERFORMANCE GRANT SUPPLEMENTAL – Tom
Brown, Emergency Manager; Allison Hartshorn, Grant Manager, Grant Management
10:55 AM HAZARD MITIGATION PLAN GRANT – Tom Brown, Emergency Manager; Allison
Hartshorn, Grant Manager, Grant Manager
11:00 AM PUBLIC HEARING - ECONOMIC DEVELOPMENT REFUNDING BONDS FOR THE
BENEFIT OF HOMEWOOD AT WILLIAMSPORT MD, INC. AND HOMEWOOD AT
FREDERICK MD, INC. AND PROPOSED RESOLUTION – Lindsey A. Rader, Bond
Counsel for Washington County; Sara Greaves, Chief Financial Officer
11:30 AM 2021 HOUSING BOND ALLOCATION TRANSFER – Jill Baker, Director, Planning &
Zoning
11:35 AM FORMAL APPROVAL TO ADOPT THE TEXT AMENDMENT TO THE ZONING
ORDINANCE FOR WASHINGTON COUNTY, MARYLAND (RZ-20-002) – Kirk C.
Downey, County Attorney
11:40 AM REVISION OF WASHINGTON COUNTY EMPLOYEE HANDBOOK & PR-34
“LEAVE”, REGARDING PAID HOLIDAY SCHEDULE – Laurence Etchison, SPHR,
Director, Human Resources
11:50 AM DISCUSSION ON THE REVIEW/APPROVAL PROCESS FOR LOCAL NON-PROFIT
COMMISSIONERS’ CONTINGENCY FUND REQUESTS
12:00 PM CLOSED SESSION (To discuss the appointment, employment, assignment, promotion,
discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees,
employees, or officials over whom this public body has jurisdiction; or any other personnel matter that
affects one or more specific individuals; & To consider the acquisition of real property for a public purpose
and matters directly related thereto.)
Open Session Item
SUBJECT: Update – WASHINGTON GOES PURPLE
PRESENTATION DATE: July 13, 2021
PRESENTATION BY: Emily Keller and Vicki Sterling, Co-Chairs, WGP Committee
RECOMMENDED MOTION: N/A
REPORT-IN-BRIEF: To provide the Commissioners with an update on the success and actions of the
Washington Goes Purple Campaign/Committee
DISCUSSION:
FISCAL IMPACT:
CONCURRENCES:
ATTACHMENTS:
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Property Acquisition for Mt. Hebron Road Infrastructure Project
PRESENTATION DATE: July 13, 2021
PRESENTATION BY: Todd Moser, Real Property Administrator
RECOMMENDED MOTION: Move to approve the option agreements for partial property acquisitions
including fee simple and/or easements for the property listed below and to approve ordinances approving
said purchase and to authorize the execution of the necessary documentation to finalize the acquisitions.
REPORT-IN-BRIEF: The Option agreement has been executed for the property listed below. The
acquisition is shown in the chart below.
009254
Map 721, Parcel
308
Perpetual
Drainage
Easement
DISCUSSION: The infrastructure project will help alleviate flooding issues and improve pavement and
shoulder conditions along Mt. Hebron Road.
FISCAL IMPACT: CIP Budgeted Project
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Aerial Map, Ordinance
AUDIO/VISUAL NEEDS: Aerial Map
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Mt. Hebron Road Keedysville, 2 1756
0 50 100 150 200Feet
$
Legend
- 0 Mt. Hebron Road
- Parcel Boundaries
- Perpetual Drainage Easement
BellDrive
Bell Lane
BellLane
FelfootDrive
MountHebronRoad
MainStreet
TaylorDrive
Deborah Christ 2219009254 Lot 2 -1.0 Acres0 Mt. Hebron Road
ORDINANCE NO. ORD-2021- ___
AN ORDINANCE TO APPROVE THE PURCHASE OF AN EASEMENT INTEREST
IN REAL PROPERTY
(Mt. Hebron Road Infrastructure Project)
RECITALS
1. The Board of County Commissioners of Washington County, Maryland (the
“County”) believes that it is in the best interest of the citizens of Washington County to
purchase an easement interest in real property identified on the attached Exhibit A (the
“Easement”) to be used for public purposes.
2. The County approved the purchase of the Easement on July 13, 2021.
3. A public hearing was not required by Section 1-301, Code of the Public Local
Laws of Washington County, Maryland, as the funds utilized to purchase the Easement are not
to be expended from the General Fund of the County.
4. The purchase of the Easement is necessary for the Mt. Hebron Road
Infrastructure Project in Washington County, Maryland.
THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington
County, Maryland, that the purchase of the Easement be approved and that the President of the
Board and the County Clerk be and are hereby authorized and directed to execute and attest,
respectively, all such documents for and on behalf of the County relating to the purchase of the
Easement.
ADOPTED this ____ day of ______________, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
__________________________ BY:
Krista L. Hart, Clerk Jeffrey A. Cline, President
Approved as to legal sufficiency:
Mail to:
__________________________ Office of the County Attorney
Kirk C. Downey 100 W. Washington Street, Suite 1101
County Attorney Hagerstown, MD 21740
EXHIBIT A--DESCRIPTION OF PROPERTY
All that portion of land located along the southerly margin of Mt. Hebron Road, southeast
of its intersection with North Main Street in Keedysville, Maryland, as shown or indicated on
the hereinafter mentioned plat, all of which plat is intending to be attached hereto and made a
part hereof, so far as Deborah E. Christ’s property and/or rights may be affected by the
proposed drainage improvements and the appurtenances thereto belonging, or anywise
appertaining, in Election District No. 19 of Washington County, Maryland, and more
particularly described as follows:
BEGINNING for the outline hereof at a point in the easternmost or South 18 Degrees 51
Minutes 44 Seconds West 164.28 foot line of Lot 2, as graphically shown or indicated on a plat
recorded among the Land Records of Washington County, Maryland, as miscellaneous Plat
No.5109, as referenced in Deborah E. Christ’s Deed dated April 21, 1997, and recorded among
said Land Records in Liber 1331, folio 715, said point also being South 19 Degrees 47 Minutes 29
Seconds West 41.78’ along the existing Property Line & Line of Division for Deborah E. Christ,
Grantor herein, as graphically shown or indicated on a plat of easement titled “DRAINAGE
EASEMENT – LANDS OF DEBORAH E. CHRIST,” and intending to be attached hereto as
aforementioned; thence with said line and binding thereon and with a portion thereof on a
bearing to agree with a recent survey performed by the Division of Engineering for Washington
County, Maryland,
1. South 19 Degrees 47 Minutes 29 Seconds West 21.52 feet to a point; thence leaving said
Property Line & Line of Division and going back therefrom and across lands of Grantor
by two (2) lines of Easement now established
2. North 48 Degrees 33 Minutes 14 Seconds West 171.01 feet to a point;
3. North 25 Degrees 40 Minutes 57 Seconds East 19.39 feet to a point in the southerly
margin of Right-of-Way for Mt. Hebron Road; thence with said margin and binding
thereon and with a portion thereof
4. South 63 Degrees 11 Minutes 56 Seconds East 20.00 feet to a point; thence leaving said
margin of Right-of-Way and going back therefrom and across lands of Grantor by two
(2) lines of Easement now established
5. South 25 Degrees 40 Minutes 57 Seconds West 3.86 feet to a point;
6. South 48 Degrees 33 Minutes 14 Seconds East 147.94 feet to the place of beginning,
containing an area of 3,422 square feet or 0.0786 acre of land, more or less.
BEING a portion of land as transferred to Deborah E. Christ by a deed recorded among the
said Land Records of Washington County, Maryland, in Liber 1331 at folio 715, and further
shown as Lot 2 on the miscellaneous Plat No.5109 as aforementioned, and as referenced in said
deed.
SUBJECT to all easements, rights-of-way, covenants, conditions, and restrictions of record
applicable thereto.
Open Session Item
SUBJECT: Cumberland Street Property Acquisition for Program Open Space Project
PRESENTATION DATE: July 13, 2021
PRESENTATION BY: Todd Moser, Real Property Administrator, Andrew Eshleman, Director of
Public Works
RECOMMENDED MOTION: Move to approve the option agreement for fee simple property
acquisition located on Cumberland Street in Clear Spring with Tax-ID No. 04017722, to approve an
ordinance approving said purchase, and to authorize the execution of the necessary documentation to
finalize the acquisition.
REPORT-IN-BRIEF: The option agreement for this Program Open Space Project has been executed for
the property listed below. The fee-simple acquisition is shown in the table below.
Property ID Property Owner Fee Simple Area Easement Area Property Cost
Tax ID: 04017722
Map 341, Parcel 289
The Estate of
Donald Yeakle
0.18 Acres N/A $85,000
DISCUSSION: The project consists of the acquisition of a 40’x 60’metal frame storage building
adjacent to Clear Spring Park on a 0.18-acre parcel. The property is accessed via South Hawbaker Circle
and contiguous to existing parkland. The metal frame building is in good condition and was built by a
private owner who used the building as an offsite storage and vehicle repair shop. The building is
insulated and has electrical service but no heat or plumbing, which makes it ideal for park equipment
storage.
New storage facilities will be required as the County’s existing long-term and winter equipment storage
building will be lost as the County Sheriff’s Office operations expand into the 145 Iko Way building in
the coming years.
Currently, there is limited storage at Clear Spring Park for baseball/softball field equipment, picnic tables,
grills, nets, and other seasonally-used items. The facility can also be used to store equipment for other
parks in the western part of the County, such as Camp Harding.
The acquisition is listed in the County’s FY22 Program Open Space Annual Program, and 100 percent of
the acquisition costs up to $90,000 will be eligible for reimbursement.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Aerial Map, Ordinance
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
County Park Acquisition
Donald F. & Shirley A. Yeakle 2204017722 0.18 Acres
0 50 100 150 200Feet
$
Leg end
NesbittAvenue
WestDrive
Hawbaker Circle
Martin
Street
HawbakerCircle
National Pike (40)
Broadfording
Road
- Proposed Park Acquisition
- Parcel Boundaries
ORDINANCE NO. ORD-2021-___
AN ORDINANCE TO APPROVE THE PURCHASE OF REAL PROPERTY
(Program Open Space – Portion of Cumberland Street)
RECITALS
1. The Board of County Commissioners of Washington County, Maryland (the
“County”) believes that it is in the best interest of the citizens of Washington County to
purchase certain real property identified on the attached Schedule A (the “Property”) to be used
for public purposes.
2. The County approved the purchase of the Property on July 13, 2021.
3. A public hearing was not required by Section 1-301, Code of the Public Local
Laws of Washington County, Maryland as the funds utilized to purchase the Property are not to
be expended from the General Fund of the County.
4. The Property will be purchased using funds granted to the County through
Program Open Space and will be used to store maintenance and seasonally-used equipment for
Clear Spring Park and other western County parks.
THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington
County, Maryland that the purchase of the Property be approved and that the President of the
Board and the County Clerk be and are hereby authorized and directed to execute and attest,
respectively, all such documents for and on behalf of the County relating to the purchase of the
Property.
ADOPTED this ____ day of ______________, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
__________________________ BY:
Krista L. Hart, Clerk Jeffrey A. Cline, President
Approved as to legal sufficiency:
Mail to:
__________________________ Office of the County Attorney
Kirk C. Downey 100 W. Washington Street, Suite 1101
County Attorney Hagerstown, MD 21740
SCHEDULE A--DESCRIPTION OF PROPERTY
All that portion of land situate approximately 200’ South of Cumberland Street, along
the East margin of the alleyway known as Hawbaker Circle, and contiguous with the northerly
boundary of the County Park in Clear Spring, Maryland, Election District No. 4 of Washington
County, Maryland, and more particularly described as follows:
BEGINNING for outline hereof at a concrete monument found at or near the end of the
third (3rd) or South 34 Degrees 38 Minutes West 85.82 foot line of a Deed from Janis K.
Davenport, Personal Representative of the Estate of Robert G. Davenport, to Janis K. Davenport
dated July 22, 2014, and recorded among the Land Records of Washington County, Maryland,
in Liber 4796, folio 176; thence with and binding upon said lands for the following two (2)
courses, reversed and on a bearing to agree with a recent survey by the Division of Engineering
for Washington County, Maryland ,
1. North 35 Degrees 29 Minutes 00 Seconds East 85.57 feet to a 5/8” Rebar found
Northeast of a 3” Iron Pipe post; thence with the same
2. South 67 Degrees 25 Minutes 11 Seconds East 109.53 feet to a point in the margin of a
16.5-foot alleyway known as Hawbaker Circle, passing a 5/8” Rebar found along
said line at 98.81 feet from the beginning point of said line; thence with said margin
of the alleyway
3. South 02 Degrees 01 Minute 55 Seconds East 41.89 feet to a 5/8” Rebar set in the fifth
(5th) or South 84 Degrees 15 Minutes 55 Seconds East 169.48-foot line of a Deed dated
July 1, 1983, from the Board of Education of Washington County to the Board of
County Commissioners of Washington County, and recorded among said Land
Records in Liber 746, folio 225; thence with and binding upon a portion thereof,
reversed and on a corrected bearing
4. North 84 Degrees 39 Minutes 24 Seconds West 152.95 feet to the place of beginning,
containing an area of 7,745 square feet or 0.18 acre of land, more or less.
BEING all that tract of land described and conveyed in a Confirmatory Deed from CKW
Properties, LLC, to Dixie Englehart, Personal Representative of the Estate of Donald F. Yeakle,
said Confirmatory Deed dated June 24, 2021, recorded among said Land Records in Liber 6675
at folio 370. Further being that parcel which was described as “Together with all right and title
to small tract or parcel of ground West of the Southern end of the above-mentioned lot,” and
erroneously conveyed to CKW Properties, LLC, from Donald F. Yeakle, surviving Tenant by the
Entirety, by a deed dated May 11, 2017, recorded among said Land Records in Liber 5503 at
folio 307. Said land also being part of the lands conveyed from Thelma Salome Clopper to
Donald F. Yeakle and Shirley A. Yeakle, husband and wife, by a deed dated May 31, 1990,
recorded among said Land Records in Liber 956 at folio 751.
SUBJECT to all easements, rights-of-way, covenants, conditions, and restrictions of
record applicable thereto.
Open Session Item
SUBJECT: Water Budget Transfer
PRESENTATION DATE: July 13, 2021
PRESENTATION BY: Mark Bradshaw, PE – DEM Director
RECOMMENDED MOTION: Approve the budget transfer.
REPORT-IN-BRIEF: Water Quality requests approval to transfer funds from Sharpsburg Water
Treatment Plant (TRP023) to General Water Treatment Plant Improvements (TRP025), in the amount
of $40,000.00.
DISCUSSION: The Sandy Hook water system uses two wells to supply water to our customers. The
production from well #2 has decreased over the years to where it runs out of water after pumping for 2
hours. The depth of well #1 is 528 feet and according to the well development report, water bearing
zones were at 80’, 120’, 255’, 385’, 485’, and 503’. The depth of well #2 is 300’, so we are proposing
to drill the well to a depth of 525’ in an attempt to hit the deeper water bearing zones associated with
well #1.
FISCAL IMPACT: Without the budget transfer, we will be unable to drill well #2 deeper, thu s only
leaving one well as a water source.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Budget Transfer Form
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Department Head Authorization
Budget & Finance Director Approval
County Administrator Approval
Required > $ 25,000 with date
Washington County, Maryland
Budget Adjustment Form
Explain
Budget Adjustment
Budget Transfer - Moves revenues or expenditures from one account to another or between budgets or funds.
Budget Amendment - Increases or decrease the total spending authority of an accounting fund or department
County Commissioners Approval
Transaction/Post -Finance
Deputy Director - Finance
Preparer, if applicable
Expenditure /
Account Number
Fund
Number
Department
Number Project Number Grant Number Activity Code Department and Account Description Increase (Decrease)
+ / -
Required approval with date
Required approval with date
If applicable with date
Required approval with date
Division Director / Elected Official Authorization
Required Action by
County Commissioners No Approval Required Approval Required Approval Date if
Known
Print Form
Mark D Bradshaw Digitally signed by Mark D Bradshaw
Date: 2021.06.16 08:26:32 -04'00'
he Sandy Hook water system uses two wells to supply water to our customers. One of the well's production has decreased so we are proposing to drill the
well deep in an attempt to increase the production.
Mark D Bradshaw Digitally signed by Mark D
Bradshaw
Date: 2021.06.16 08:27:05 -04'00'
498014 38 41010 TRP023 Bond Fund - 2018 -40,000
599999 38 41010 TRP023 Sharpsburg Water Treatment Plant -40,000
498014 38 41010 TRP025 Bond Fund - 2018 40,000
599999 38 41010 TRP025 Gen Water Treatment Plant Improvement 40,000
Jun 16, 2021
Jun 16, 2021
Mark D Bradshaw Digitally signed by Mark D Bradshaw
Date: 2021.06.16 08:26:42 -04'00'
Jul 13, 2021
Expenditure /
Account Number
Fund
Number
Department
Number Project Number Grant Number Activity Code Account Description Increase (Decrease)
+ / -
Open Session Item
SUBJECT: Budget adjustment – VEH008
PRESENTATION DATE: 7/13/2021
PRESENTATION BY: Sara Greaves, Chief Financial Officer; John Martin, NTF Director
RECOMMENDATION: To approve the budget adjustment as presented.
REPORT-IN-BRIEF: Due to delays caused by COVID-19, a vehicle on order for NTF will not
be received until after 6/30/2021. This budget adjustment will move funds into the noted CIP
project to allow the funds to remain available in FY22.
DISCUSSION: Due to the COVID-19 pandemic, the State of Maryland Blanket purchase
contracts were not awarded until the last week of February 2021. After speaking to the
dealership, they advised that due to the pandemic they were on a tight schedule to submit orders
and needed them ASAP. On March 8, 2021, NTF submitted a P.O. request to purchase a vehicle
from this contract.
On June 22, 2021, NTF received a follow up call in reference to this purchase that the vehicle
was not going to ship until mid-August 2021. Therefore, it will be impossible to take possession
of the vehicle by June 30, 2021. I am requesting that the monies be transferred to an account that
would allow us to take possession of the vehicle after the July 1 deadline.
FISCAL IMPACT: $35,000
CONCURRENCES: N/A
ALTERNATIVES: Do not approve the budget adjustment as presented
ATTACHMENTS: VEH008 Adjustment Form
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Department Head Authorization
Budget & Finance Director Approval
County Administrator Approval
Required > $ 25,000 with date
Washington County, Maryland
Budget Adjustment Form
Explain
Budget Adjustment
Budget Transfer - Moves revenues or expenditures from one account to another or between budgets or funds.
Budget Amendment - Increases or decrease the total spending authority of an accounting fund or department
County Commissioners Approval
Transaction/Post -Finance
Deputy Director - Finance
Preparer, if applicable
Expenditure /
Account Number
Fund
Number
Department
Number Project Number Grant Number Activity Code Department and Account Description Increase (Decrease)
+ / -
Required approval with date
Required approval with date
If applicable with date
Required approval with date
Division Director / Elected Official Authorization
Required Action by
County Commissioners No Approval Required Approval Required Approval Date if
Known
Print Form
John Martin Digitally signed by John Martin
Date: 2021.06.24 09:56:24 -04'00'
Due to delays caused by COVID, a vehicle on order for NTF will not be received until after 6/30/2021. This budget adjustment will move funds into the noted
CIP project to allow the funds to remain available in FY22.
Kelcee Mace Digitally signed by Kelcee Mace
Date: 2021.06.24 08:30:49 -04'00'
600300 10 11330 NTF - Vehicles -35,000
502000 10 91230 Appropriations - CIP 35,000
498710 30 10500 VEH008 0000 Capital Transfer - General 35,000
599999 30 10500 VEH008 VHCL General Vehicle and Equipment Replacement 35,000
Expenditure /
Account Number
Fund
Number
Department
Number Project Number Grant Number Activity Code Account Description Increase (Decrease)
+ / -
Open Session Item
SUBJECT: Public Safety Training Center - Audio/Visual Equipment Capital Campaign Funding
PRESENTATION DATE: July 13, 2021
PRESENTATION BY: R. David Hays - Director, Division of Emergency Services;
Doug Mullendore - Sheriff, Washington County; Danielle Weaver, Director, Public Relations and
Marketing; Susan Small, Director of Business Development
RECOMMENDED MOTION: Motion to move forward with a proposed capital fundraising
campaign to offset cost associated with audio/visual systems and furniture for the new Public Safety
Training Center.
REPORT-IN-BRIEF: The Public Safety Training Center (PSTC) continues its buildout with
planned completion in early 2022. During the design phases of the academic portions of the PSTC,
cost-saving strategies were employed to benefit the County through breakouts of certain aspects of
the building components. These strategies was to recommend the use of a capital fundraising
initiative, similar to initiatives developed in other jurisdictions, to support the construction cost of
comparable facilities.
DISCUSSION: County staff have now finalized an executable plan. The plan will offer naming
rights for particular rooms and areas inside of the PSTC, provide an area for individual donor
recognition inside the facility. The targeted goal for the capital fundraising campaign is one million
dollars ($1,000,000.00). The County will also pair with the Community Foundation, who will assist
the County in receiving donations from individuals and businesses who wish to participate in the
fundraising campaign.
A brochure that outlines the separate rooms and spaces within the PSTC and the corresponding
donation amounts that will grant the naming right to that area has been included in the presentation
today. The capital fundraising campaign is intended to run for approximately 6 months and end at
completion or shortly thereafter of the PSTC (expected February 2022).
FISCAL IMPACT: Forward fund capital fundraising initiative amount: up to $1,000,000.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Donor Schedule Matrix
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
WASHINGTON COUNTY PUBLIC SAFETY TRAINING CENTER
Public Safety Training Center (PSTC)Sponsorship Agreement
YES, I want to join the community in supporting the Public Safety Training Center! Below is my sponsorship commitment at the sponsorship level(s) checked below:
Company Name (as it is to appear in print) _________________________________________
Contact Name __________________________________________________________________________
Email __________________________________________________________________________________
Address ______________________________________City/State/Zip ____________________________
Phone ______________________ Fax_________________ Website ______________________________
SPONSORSHIP COMMITMENT:Please check your sponsorship level AND the pricing that applies to your TOTAL SPONSORSHIP:
NAMING RIGHTS SPONSOR LEVEL SPONSOR PRICING
o PLATINUM - Multipurpose room o $300,000 (one sponsor)
o GOLD - Atrium o $200,000 (one sponsor)
o SILVER - Emergency Op. Center o $75,000 (one sponsor)
o BRONZE - Small Classroom o $25,000 (four sponsors)
o PEWTER - Large Classroom o $50,000 (one sponsor)
o ONYX - Weight Room o $50,000 (one sponsor)
WALL OF FAME PLAQUE SPONSOR
o Law Enforcement o Fire o EMS o Good Samaritan
Sponsor Price: o $2,500 o $1,000 o Write-in _________________
Total Sponsorship Amount: $ ________________________
Payment Information: (Please check one)
o BILL ME using the contact information above
o CHECK ENCLOSED in the amount of $_________________________________(Please make checks payable to: Washington County Community Foundation)
o CREDIT CARD (circle one) Visa Mastercard American Express Discover
Name on Card: ____________________________________________
Credit Card #: _____________________________________________
Exp. Date: ____________________ Security Code: ______________
Authorized Signature: _______________________________________
o AUTO PAY BY CREDIT CARD: I authorize the Washington County Community Foundation to charge $______________ to my credit card each month for _____ months (or until sponsorship fee is complete) using the credit card information and signature above.
Please make all checks payable to the Community Foundation of Washington County. The Community Foundation is a 501c3 and is overseeing the sponsorship payments for the PSTC.
** In the space below, please write the name to be displayed on your Naming Rights Sponsorship or your Wall of Fame Plaque Sponsorship (please print clearly):
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Washington County, MarylandPUBLIC SAFETY TRAINING CENTER
SPONSORSHIPOPPORTUNITIES
Supporting the men and women of public safety in Washington County, Maryland’s new state of the art training facility.
Leave Your
LEGACY
The Washington County Public Safety Training Center is located on 48.9 acres at 18350 Public Safety Place, directly off Sharpsburg Pike. This state-of-the-art training facility will be used by police, fire, and emergency services personnel, providing a space for different disciplines of public safety to work and train together. Your sponsorship will provide the opportunity to leave a legacy in public safety and provide a space for the future heroes of public safety to train in Washington County, Maryland. Thank you for considering contributing to the heroes in our community that help keep our citizens safe!
PSTCLocation
Platinum
Gold
Silver
Bronze
Pewter Onyx
$3
0
0
,
0
0
0
$2
0
0
,
0
0
0
$7
5
,
0
0
0
$2
5
,
0
0
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$5
0
,
0
0
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$5
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One Sponsor One Sponsor One Sponsor Four Sponsors One Sponsor One Sponsor
Option 1: NAMING RIGHTS
Washington County Public Safety Training Center is seeking sponsorship for Naming Rights for various locations within the training center. Your sponsored area will be named in your honor. This is a once in a lifetime opportunity to leave your legacy and support the men and women of public safety in Washington County’s new state of the art training facility.
Option 2: WALL OF FAME
Support the PSTC with a Wall of Fame Sponsorship. A plaque will be displayed in the PSTC showcasing your support of public safety in Washington County.
LAW ENFORCEMENT PLAQUES
FIRE PLAQUES
GOOD SAMARATIN PLAQUES
EMS PLAQUES
Sheriff’s Club$2,500 minimumReceives a special individual wall plaque.
Chief’s Club$2,500 minimumReceives a special individual wall plaque.
Hero’s Club$2,500 minimumReceives a special individual wall plaque.
Life Saver’s Club$2,500 minimumReceives a special individual wall plaque.
Regular$1,000Name is placed on plaque with other donors.
Regular$1,000Name is placed on plaque with other donors.
Regular$1,000Name is placed on plaque with other donors.
Regular$1,000Name is placed on plaque with other donors.
WASHINGTON COUNTY PUBLIC SAFETY TRAINING CENTER (PSTC)Sponsorship Opportunities
Open Session Item
SUBJECT: Sole Source Procurement (PUR-1512) - Cyber Security Software/Service for the
Division of Emergency Services (DES)
PRESENTATION DATE: July 13, 2021
PRESENTATION BY: Rick Curry, CPPO, Purchasing Director and Dave Hays, Division
Director, Emergency Services
RECOMMENDED MOTION: Move to authorize, a Sole Source procurement and system
upgrade of cyber security software/service for DES at a cost totaling $270,000 from SecuLore
Solutions of Odenton, MD
REPORT-IN-BRIEF: The Purchasing Department received a request from the Division of
Emergency Services (DES) regarding the procurement of Paladin Overwatch cyber security
software and service. DES wishes to apply Section 1-106.2(a)(1) & (2) of the Code of Public Laws
of Washington County, Maryland, to procure the request. These sections state that a sole source
procurement is authorized and permissible when: (1) Only one source exists that meets the
County’s requirements and (2) The compatibility of equipment, accessories, or replacement parts
is the paramount consideration.
The cyber security will help protect DES’ critical systems. This is a cybersecurity monitoring
service that works in tandem with the County’s IT operations to thwart cyber threats. The service
includes 24/7/365 cyber security monitoring, which also includes weekly cyber security reports
and cyber security alerts. DES is undertaking this project to strengthen their cyber security
firewalls that are the lifeline for our citizens who require first responder assistance during an
emergency. The service will assist with keeping DES critical network closed to the outside world.
There are no maintenance or replacement fees.
This request requires the approval of four of the five Commissioners in order to proceed with a
sole source procurement. If approved, the following steps of the process will occur as outlined by
the law: 1) Not more than ten (10) days after the execution and approval of a contract under this
section, the procurement agency shall publish notice of the award in a newspaper of general
circulation in the County, and 2) An appropriate record of the sole source procurement shall be
maintained as required.
DISCUSSION: N/A
FISCAL IMPACT: Funds are budgeted in FY’22 budget GRT150 in the amount of $270,000
for the purchase of the services.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Price Quote e61021009b dated May 11, 2021from SecuLore Solutions
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Estimate
Date
5/11/2021
Estimate #
e61021009b
Name / Address
Washington County Emer Comm Center
Brian Albert
16232 Elliott Parkway
Williamsport, MD 21795
SecuLore Solutions
2288 Blue Water Blvd
Suite #329
Odenton, MD 21113
Project
Web Site
www.SecuLore.com
Total
Item Description Qty U/M Rate Total
PAL-OW-HG Paladin Overwatch
Includes Paladin Watcher
Monthly on-site monitoring
Provides information for internal IT personnel
Network Tap (as needed)
Placed in-line in front of firewall for data
mirroring (in cases where Firewall cannot mirror
data directly)
Overwatch includes daily remote monitoring for
critical issues, email alerts, and weekly touching
base for review and investigations with local IT and
Emergency Services personnel.
5 years (60 months) of service.
5 Annual 30,000.00 150,000.00
Page 1
Estimate
Date
5/11/2021
Estimate #
e61021009b
Name / Address
Washington County Emer Comm Center
Brian Albert
16232 Elliott Parkway
Williamsport, MD 21795
SecuLore Solutions
2288 Blue Water Blvd
Suite #329
Odenton, MD 21113
Project
Web Site
www.SecuLore.com
Total
Item Description Qty U/M Rate Total
PAL-OW-HG+2... Paladin Overwatch (additional unit)
Includes Paladin Watcher
Monitored 24x7 to provide additional traffic
information for a single report.
Provides information for internal IT personnel
Network Tap (as needed)
Placed in-line in front of firewall for data
mirroring (in cases where Firewall cannot mirror
data directly)
Overwatch includes daily remote monitoring for
critical issues, email alerts, and weekly report and
call for investigations with local IT and Emergency
Services personnel.
Information from additional unit(s) will be
consolidated into a single report associated with the
primary Paladin Overwatch system.
5 years (60 months) of service.
5 Annual 18,000.00 90,000.00
PAL-SBY Active/Standby Setup: Second Paladin in either
Watcher or Overwatch Mode installed on your
standby network. For Primary unit.
5 years (60 months) of service.
5 Annual 6,000.00 30,000.00
PAL-SBY Active/Standby Setup: Second Paladin in either
Watcher or Overwatch Mode installed on your
standby network. For Additional unit.
5 years (60 months) of service.
5 Annual 6,000.00 30,000.00
Page 2
Estimate
Date
5/11/2021
Estimate #
e61021009b
Name / Address
Washington County Emer Comm Center
Brian Albert
16232 Elliott Parkway
Williamsport, MD 21795
SecuLore Solutions
2288 Blue Water Blvd
Suite #329
Odenton, MD 21113
Project
Web Site
www.SecuLore.com
Total
Item Description Qty U/M Rate Total
HGAC-PAL-OW Maryland discount for Paladin Overwatch -30,000.00 -30,000.00
Page 3
$270,000.00
Open Session Item
SUBJECT: Bid Award (PUR-1506) – Pure Storage Flash Array Upgrade
PRESENTATION DATE: July 13, 2021
PRESENTATION BY: Rick Curry, CPPO, Purchasing Director and Josh O’Neal, Director,
Division of Information System
RECOMMENDED MOTION: Move to award the procurement of Pure Storage Flash Array to
the responsible, responsive bidder, GHA of Odenton, MD who submitted a total lump sum of
$64,206.54.
REPORT-IN-BRIEF: The Invitation to Bid (ITB) was advertised on the State of Maryland’s
“eMaryland MarketPlace Advantage” website and on the County’s website; and also, in the local
newspaper. Two hundred twelve (212) persons/companies registered/downloaded the bid
document on-line.
The existing storage arrays need additional space in order to handle the influx of digital
information being handled by the County due to the transition of many business practices to online
only during the pandemic. This addition will cover the immediate demand and provide expansion
for anticipated additional online citizen services departments plan to provide going forward. The
procurement is to increase the array’s capacity that will provide the ability to support teleworkers
by increasing the number of virtual machines that can be created. The Flash Arrays improves
memory read write and access times which leads to improved speed and performance.
DISCUSSION: N/A
FISCAL IMPACT: The Division is making a request to approve the use of the ARPA funds
(American Rescue Funds) because the storage is required due to increase teleworking capacity, it
is directly correlated to the coronavirus pandemic. While we understand that there is a larger
conversation required for the use of these funds, the department would like to request at this time
$65,000 be dedicated to this project.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Bid Tabulation Matrix
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
PUR-1506
Pure Storage Capacity Expansion
Item
No.Item Description Unit of
Measure Qty Unit Price Total Price
1 DFM-SHELF-DP-15TB Ea.1 $55,053.86 $55,053.86
2
Capable P/N: DFM-SHELF-DP-15TB-1MOPRMGOLD
Ea.19 $481.72 $9,152.68
GHA Technologies, Inc.
Scottsdale, AZ
TOTAL LUMP SUM (Item Nos. 1 thru 2 above)$64,206.54
1 Bids Opened: 6/23/2021
Open Session Item
SUBJECT: Child Support Enforcement Cooperative Agreement – Approval to Submit
Application
PRESENTATION DATE: July 13, 2021
PRESENTATION BY: Sergeant Valerie Buskirk, Washington County Sheriff’s Office and
Rachel Souders, Senior Grant Manager, Office of Grant Management
RECOMMENDED MOTION: Move to approve the submission of the application for the
Child Support Administration Cooperative Reimbursement Agreement to the Maryland
Department of Human Services requesting a total of $279,532 for FY22 and accept funding as
awarded by the agency.
REPORT-IN-BRIEF: The Washington County Sheriff’s Office is requesting approval to
submit an application to renew the Cooperative Agreement between the Department of Human
Services Child Support Administration and the Board of County Commissioners to reimburse
costs of child support enforcement services provided by the Washington County Sheriff’s Office.
The application is requesting a total amount of $279,532 which will reimburse the salaries and
fringe of two full-time deputies, and provide partial reimbursement of two part-time deputies,
two Senior Office Associates, and a portion of equipment during the one-year period. Child
support enforcement services provided by the Sheriff’s Office include serving of summonses and
warrants.
DISCUSSION: The Office of Grant Management has reviewed the application and program
guidelines. The performance period of this cooperative agreement is for one year, starting
October 1, 2021 and ending September 30, 2022. There is no match requirement associated with
the agreement.
FISCAL IMPACT: Provides $279,532 to partially reimburse the expenses incurred by the
Washington County Sheriff’s Office associated with child support enforcement.
CONCURRENCES: Susan Buchanan, Director, Office of Grant Management
ALTERNATIVES: Deny acceptance of funding
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Next Generation 911 Addressing Authority
PRESENTATION DATE: July 13th, 2021
PRESENTATION BY: Bud Gudmundson, GIS Manager, IT Dept., Jennifer Kinzer, Deputy
Director, Planning & Zoning
RECOMMENDED MOTION: Approve Revised MOU with 2 Towns to assign addresses
REPORT-IN-BRIEF: NG911 is a nation-wide coordinated effort to move 911 to the next level of
technology. A local or regionally managed infrastructure to route 911 calls is planned, and in addition, the address
database will be maintained in a GIS (map) format. Our street and address database must be refined to an accuracy
level to meet this need which could have life or death consequences. The Planning & Zoning Department
maintains the master address database for the entire county and is responsible for assigning new addresses in
county areas as needed. The County should be the responsible addressing authority to insure this is done
consistently across the county. The Commissioners approved an MOU on 5/19/19 to transfer authority for address
assignment and maintenance from the 8 smaller municipalities to the County.
DISCUSSION: Each Town was presented with the MOU and 6 have signed it. The Planning and
Zoning GIS staff will work cooperatively with each Town to assign new addresses. However, under the
advice from the Town attorney for Williamsport and Funkstown, they have refused to sign the MOU as it
is written, objecting to the clause which discusses making changes to existing road names to avoid
duplications - that portion of the text stating that the County will “work with” the Town on changes. We
have tried to do this so far, but when met with resistance by a Town, the names were not changed. We
feel that an MOU is needed for future address assignments even if old names are not changed, so we
would like to modify the MOU to remove that section for Williamsport and Funkstown.
FISCAL IMPACT: N/A
CONCURRENCES: County Attorney, Emergency Services, Planning and Zoning
ALTERNATIVES: Leave Williamsport & Funkstown without an MOU - not advised
ATTACHMENTS: Revised MOU for Williamsport & Funkstown.
AUDIO/VISUAL NEEDS: N/A
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MEMORANDUM OF UNDERSTANDING
BETWEEN
BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND,
TOWN OF FUNKSTOWN, AND TOWN OF WILLIAMSPORT
Re: Addressing and Road Naming
This Memorandum of Understanding (“MOU”) is entered into this ____ day of _________,
2021, by and between the Board of County Commissioners of Washington County, Maryland,
hereinafter referred to as the “County”), the Town of Boonsboro, the Town of Clear Spring, the
Town of Funkstown, the Town of Hancock, the Town of Keedysville, the Town of Sharpsburg,
the Town of Smithsburg, and the Town of Williamsport, hereinafter referred to as the “Town” or
“Towns.”
RECITALS
The purpose of this MOU is to memorialize the Towns’ and County’s agreement
regarding responsibility for assignment of site addresses and approval of proposed road names
within the incorporated towns and unincorporated areas of Washington County, Maryland.
The County maintains a geographic information system (“GIS”) and address attribute
database for property located within Washington County, Maryland, including unincorporated
and incorporated areas.
The Towns and the County recognize the importance of developing and maintaining
accurate addresses and road and name information for the protection of public health, safety, and
welfare.
The County GIS and attribute databases support the functions of the Washington County
Emergency Communications Center by providing a means of verifying information contained
within the Master Street Address Guide (“MSAG”).
Duplication of road names and inconsistent addressing has the potential to create
confusion among emergency responders, service providers, and the general public.
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NOW, THEREFORE, in consideration of the foregoing, the Towns and the County
hereto agree as follows:
1. Effective Date and Term.
The effective date of this MOU is _________________, 2019. The initial term of this MOU
shall commence on its effective date and continue indefinitely unless terminated by the mutual
agreement of all of the parties hereto.
2. Addressing Ordinance.
By Ordinance No. ORD-2012-38, the County enacted an ordinance entitled, “An
Ordinance to Enact the Addressing Ordinance for Washington County, Maryland,” (the
“Ordinance”), effective December 18, 2012. The Ordinance, which may be amended from time to
time, forms the basis of this MOU.
3. Authority and Purpose.
The purpose of this MOU is to formalize an agreement between the municipalities located
in Washington County, Maryland, and the County, the authoritative body authorized by the
Ordinance to give authority for addressing and road naming within the municipalities of
Washington County, Maryland, and to:
(a) closely coordinate the development review processes within the respective
jurisdictions so that further duplication of road names will be minimized;
(b) ensure that addresses will be assigned to new development that follow a
systematic and consistent scheme, and to reduce errors;
(c) maintain the Master Address File for the entire county in one repository;
(d) facilitate implementation of Next Generation 911 initiative; and
(e) to remedy address or road name errors as set forth herein.
4. Definitions.
Terms defined in the Ordinance shall be given the same meaning when used in this MOU.
5. New Road Names.
The Towns shall submit any new road names to the County for approval as soon as they
are submitted for review by the respective jurisdiction. In general, road naming or the naming
of private lanes can be initiated by either an entity or a property owner but shall be completed
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using the standards promulgated in the Ordinance. The Towns shall have the ability to veto a
proposed name, but the Towns have no authority to waive any requirement of the Ordinance.
6. Road Signage.
The Towns or private developers shall be responsible for providing or updating road
signage, as needed or required. The County shall not provide signage inside municipal
jurisdictions. House number sizing shall be in accordance with the specifications outlined in the
Ordinance or the Towns’ formally adopted building codes. Location of posted numbers to the
structure or property access shall follow the provisions of the Ordinance. The Towns or entity
that is responsible for issuing Use & Occupancy Permits shall enforce proper address posting on
new and existing structures.
7. New Land Development Activity.
Any new land development activity within the Towns (building permit, entrance permit,
site plan, plat, or other request from a property owner) shall be routed to (or require that an
application for an address be sent to) the County. The addresses shall be assigned to conform to
the existing numbering schema of the Towns. A Town Numbering System Boundary (“NSB”)
shall be drawn around the existing town numbering area and approved by the both the Town
and the County. That NSB shall remain fixed, even if the Town annexes additional land outside
of the NSB. The County shall have the authority to provide an address for any new land
development activity. Once assigned, the address will be provided to the Town and the Town
will notify the applicant. Either a paper or electronic process for the submissions of applications
is acceptable.
8. Duty of Owner.
The duty of Owner, as that term is defined in the Ordinance, shall apply within the Towns
as well.
9. Addressing File.
The Towns and the Division of Emergency Services shall consider the Addressing File as
maintained by the County Planning Department as the master address file for the County. The
County Planning Department shall also maintain the master road list, and the prohibited words
list for Washington County.
10. Violations and Penalties.
The Towns shall decide if they will adopt the Violations and Penalties section of the
Ordinance. The County shall not be responsible for enforcement inside of Town municipal
boundaries. The County may provide notification to municipalities when property owners are
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not in compliance with any portion of the Ordinance. Any correspondence to resolve these
violations must come directly from the Towns and reference an appropriate section of this MOU
or adopted ordinances. The Towns must also follow the Notification of Address Change and
information to be included on an address change letter portion of the Ordinance to maintain a
minimum level of information for relevant agencies. The Washington County Planning
Department must be notified of all Address Changes that are initiated by the Towns.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals by
their duly authorized representatives and signatories.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
_____________________________ BY: ___________________________________(SEAL)
Krista L. Hart, Clerk Jeffrey A. Cline, President
ATTEST: MAYOR AND COUNCIL OF THE TOWN OF
FUNKSTOWN
______________________________ BY: ___________________________________(SEAL)
Brenda Haynes, Town Manager Paul Crampton, Jr., Mayor
ATTEST: MAYOR AND COUNCIL OF THE TOWN OF
WILLIAMSPORT
___________________________ BY: ___________________________________(SEAL)
Donald L. Stotelmyer, Town William Green, Mayor
Manager
Open Session Item
SUBJECT: Change Order Request for Highway Department Line Striping, Intergovernmental
Cooperative Purchase (INTG-20-0043) via Utilizing the Maryland State Highway Administration
(SHA) Contract Line Striping Contract.
PRESENTATION DATE: July 13, 2021
PRESENTATION BY: Zane Rowe, Deputy Director Public Works Highway and Doug Levine,
Supervisor of Operations, Highway Department.
RECOMMENDED MOTION: Move to approve the change order request in the amount of
$17,605.67 to cover the cost of additional line striping required for various county roads in
Washington County. Alpha Space Control Co., Inc. of Chambersburg, PA. provided an additional
223,139 linear feet of line striping at $.0789 a linear foot.
REPORT-IN-BRIEF: On August 11, 2020, the Board approved utilizing the Maryland State
Highway contract with Alpha Space Control for the line striping of 1,300,000 linear feet on various
roads in the County in the amount of $102,570.00. Modifications were required to complete the
need of line striping whole roads as opposed to portions of roads. Doing so will enable the Highway
Department to ensure Citizen Safety which is our top priority.
DISCUSSION: N/A
FISCAL IMPACT: Funds are budgeted in the department’s account 515000-20-20050 for these
services.
CONCURRENCES: Andrew Eshelman, Director of Public Works
ALTERNATIVES: N/A
ATTACHMENTS: Change Order Request Form
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
BOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY MARYLAND
TO:
Consultant:
Contractor:
Vendor:
100 WEST WASHINGTON STREET, HAGERSTOWN, MARYLAND 21740-4735
CHANGE ORDER
Alpha Space Control Co., Inc.
1580 Gabler Road
Chambersburg, PA 17202
Change Order No. I 1 Purchase Order No. WASHCO26599
Contract No. 4921521423 Oracle Account No. 515000-20-20050
Project Title: 7 Date: Fun 9, 2021
The contract time will: Cincrease O decrease C remain the same by: calendar days (7) working days
of
Striping various roads in Western Section of Washington County
xeason
to safety reasons, needed to finish completing WHOLE roads
The completion date, incorporating the changes included in this change order, is:
May 28, 2021
The original contract sum was:
1 $102,570.00 —�
Net changes by previous change orders:
$0.00
Contract sum prior to this change order:
1 $102,570.00
By this Change Order, the contract sum will be changed by:
$17,605.67
The new contract sum including this change order will be:
$120,175.67
The Consultant/ContractorNendor shall not commence with the work described hereon until this form is executed by all agents.
Consultant:
ContractorNendor: '
Approving Agency:Zane RowDigi1a0yi� `ObyLVRowc e;'�«:�o��.�.��a�:,,.�•�
Finance]
Purchasing]
County Administrator: —
Outside County Entities: Please email the signed form to ChangeOrder@washco-md.net.
BOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY MARYLAND
100 WEST WASHINGTON STREET, HAGERSTOWN, MARYLAND 21740-4735
CHANGE ORDER
TO:
Consultant:
Contractor:
Vendor:
Alpha Space Control Co., Inc.
1580 Gabler Road
Chambersburg, PA 17202
Change Order No. 1 Purchase Order No. WASHCO26599
Contract No. 492D21423 Oracle Account No. 515000-20-20050
Project Title:Date: Jun 9, 2021
The contract time will:increase decrease remain the same by:calendar days working days
Description of Change:
Line Striping various roads in Western Section of Washington County
Reason for Change:
Due to safety reasons, needed to finish completing WHOLE roads
The completion date, incorporating the changes included in this change order, is: May 28, 2021
The original contract sum was: $102,570.00
Net changes by previous change orders: $0.00
Contract sum prior to this change order: $102,570.00
By this Change Order, the contract sum will be changed by: $17,605.67
The new contract sum including this change order will be: $120,175.67
The Consultant/Contractor/Vendor shall not commence with the work described hereon until this form is executed by all agents.
Consultant:Finance:
Contractor/Vendor:Purchasing:
Approving Agency:County Administrator:
Outside County Entities: Please email the signed form to ChangeOrder@washco-md.net.
Kelcee Mace Digitally signed by Kelcee Mace
Date: 2021.06.09 11:36:51 -04'00'
Zane Rowe Digitally signed by Zane Rowe
Date: 2021.06.09 10:00:57 -04'00'
Open Session Item
SUBJECT: FY23 Family Law Fund – Approval to Submit Application and Accept Awarded Funding
PRESENTATION DATE: July 13, 2021
PRESENTATION BY: Kristin Grossnickle, Court Administrator, Circuit Court for Washington
County and Allison Hartshorn, Grant Manager, Office of Grant Management
RECOMMENDED MOTION: Move to approve the submission of the FY23 Family Law Fund
application in the amount of $365,769 and accept awarded funding.
REPORT-IN-BRIEF: This grant program provides funds from the Department of Juvenile and
Family Service’s Grant program of the Maryland Judiciary (DJFS), each year to Washington County
Circuit Court to deliver appropriate services available for low income families who appear before the
court to resolve family legal matters. Each court within the State of Maryland is required by Maryland
Rules 16-204, to have a family support services division to implement the goals and objectives as set
forth by the DJFS.
DISCUSSION: Through the Department of Family Service Grant program the following services are
funded in the Washington County Circuit Court: salary and fringe benefits of the Family Support
Services Coordinator and Permanency Planning Liaison, Family Law Advice Clinic, and as funding
allows, Family Services Programs such as parent education classes, custody evaluations, children’s
attorney, mental health/substance abuse evaluations, parenting coordinators, Alternative Dispute
Resolution (ADR)/Mediation, and supervised visitation. The Office of Grant Management has
reviewed the grant funding guidelines. This grant is annually recurring. The funder caps pay increases
at 3.5%, if there are any pay increases in FY23 in excess of 3.5% the Circuit Court would need to
allocate funds within its approved budget for this expense.
FISCAL IMPACT: Provides $365,769 for the Washington County Circuit Court’s Family Court
Program.
CONCURRENCES: Susan Buchanan, Director, Office of Grant Management
ALTERNATIVES: Deny approval for submission of this request
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Emergency Management Performance Grant Supplemental
PRESENTATION DATE: July 13, 2021
PRESENTATION BY: Tom Brown, Emergency Manager, Allison Hartshorn, Grant
Management
RECOMMENDED MOTION: Approve motion to accept funding awarded by the Maryland
Emergency Management Agency through the Emergency Management Performance Grant
Supplemental program.
REPORT-IN-BRIEF: The purpose of the Emergency Management Performance Grant
(EMPG) Program is to provide federal funds to states to assist state, local, tribal and territorial
emergency management agencies to obtain the resources required to support the National
Preparedness Goals associated with the areas and core capabilities. MEMA is expected to award
the County $29,326.20 through a supplemental award of the Emergency Management
Performance Grant.
DISCUSSION: The performance period for this grant is September 1, 2021 through August 1,
2023. There is a 100% match requirement associated with this grant which will be covered
through in-kind salary of the Emergency Manager.
Wages & Benefits Match $29,326.20
Operational Expenses $29,326.20
Total $58,652.40
FISCAL IMPACT: $29,326.20 utilizing in-kind matching of Emergency Manager salary.
CONCURRENCES: County Administrator, Director Office of Grant Management
ALTERNATIVES: None
ATTACHMENTS: None
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Hazard Mitigation Plan Grant
PRESENTATION DATE: July 13, 2021
PRESENTATION BY: Tom Brown, Emergency Manager, Allison Hartshorn Grant
Management
RECOMMENDED MOTION: Approve motion to apply for and accept funding awarded by
the Maryland Emergency Management Agency to update the County’s Hazard Mitigation Plan
REPORT-IN-BRIEF: This grant provides funding to update Washington County’s Hazard
Mitigation Plan. The County is required to have its Hazard Mitigation Plan updated and
approved by both the Maryland Emergency Management Agency and the Federal Emergency
Management Agency every five (5) years. The current plan was written and approved by the
Board of County Commissioners in 2017. This plan will involve and encompass all
Municipalities in Washington County. An approved Hazard Mitigation Plan allows for
application for Hazard Mitigation grants in an effort to lessen the impact of disasters and allows
for requests for reimbursement during disasters to FEMA.
DISCUSSION: The performance period for this grant is September 1, 2021 through August 1,
2022. There is a 75% match requirement associated with this grant which will be covered
through in-kind salaries of the County staff directly involved with this project.
Wages & Benefits Match $10,000.00
Operational Expenses $30,000.00
Total $40,000.00
FISCAL IMPACT: $10,000.00 utilizing in-kind matching of County staff directly involved
with this project.
CONCURRENCES: County Administrator, Director Office of Grant Management
ALTERNATIVES: None
ATTACHMENTS: None
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
1
Open Session Item
SUBJECT: PUBLIC HEARING--Not to Exceed $60,000,000 of Economic Development
Refunding Revenue Bonds for the Benefit of Homewood at Williamsport MD, Inc. and
Homewood at Frederick MD, Inc. and Proposed Resolution
PRESENTATION DATE:
PRESENTATION BY:
July 13, 2021
Lindsey A. Rader, Bond Counsel for Washington County,
and Sara L. Greaves, Chief Financial Officer
RECOMMENDED MOTION: Following the close of the public hearing, the
County Commissioners may move to adopt the Resolution.
REPORT-IN-BRIEF:The public hearing is being conducted as required by the federal tax code
with respect to a Resolution to be considered by the County Commissioners. The Resolution
approves the issuance and sale fr om time to time by County Commissioners of Washington
County (the “County”) of one or more series of its economic development refunding revenue
bonds in an original aggregate principal amount not to exceed $60,000,000 (the
“Bonds”), and the lending of the proceeds thereof to Homewood at Williamsport MD, Inc. and
Homewood at Frederick MD, Inc. (collectively, the “Maryland Obligated Group”), pursuant to
the authority of the Maryland Economic Development Revenue Bond Act (the “Act”) for the
purpose of refinancing costs of the Prior Bonds Facilities identified below and financing other
costs and expenses permitted by the Act.
DISCUSSION:Pursua nt to the provisions of the Act and a resolution adopted by the Board of
County Commissioners of Washington County (the “Board”), the County issued its Washington
County, Maryland Variable Rate Demand Revenue Bonds (Homewood at Williamsport Facility)
Series 2007 in the original aggregate principal amount of $12,000,000
(the “2007 Bonds”). Proceeds of the 2007 Bonds were loaned by the County to Homewood at
Williamsport MD, Inc. (“Home wood Williamsport”), Homewood Retirement Centers of the
United Church of Christ, Inc. (now known as Homewood Retirement Centers, Inc. and,
hereinafter, “HRC”) and Homewood Foundation, Inc. (the “Foundation” and, collectively with
Homewood Williamsport and HRC, the “Prior Williamsport Borrower”) and were applied to
finance, reimburse or refinance (1) the demolition of a portion of the existing nursing home
located on the approximately 29 acre parcel of land on the Williamsport Campus identified
below and site work; (2) the acquisition and construction of an approximately 72,000 square foot
building located on the Williamsport Campus and other campus improvements; (3) the
acquisition and installation of necessary and useful equipment, machinery, furnishings and
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
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fixtures in connection with the foregoing; (4) the acquisition of other improvements or interests
in land as were necessary or useful for the foregoing; and (5) costs of issuance, capitalized
interest and other costs permitted by the Act.
Pursuant to the provisions of the Act and a resolution adopted by the Board, the County issued its
County Commissioners of Washington County Variable Rate Demand Revenue Bonds
(Homewood at Williamsport Facility), Series 2011 in the original aggregate principal amount of
$9,425,000 (the “2011 Bonds”). Proceeds of the 2011 Bonds were loaned by the County to the
Prior Williamsport Borrower and were applied to finance, reimburse or refinance (1) the
renovation of the remaining portion of the previous nursing facility (health care center) located
on the Williamsport Campus, including (without limitation) asbestos removal and gutting of the
interior, to create approximately 35 new apartments containing approximately 67,960 aggregate
square feet; (2) the remodeling of the exterior of the building; (3) the acquisition and installation
of necessary and useful equipment, machinery, furnishings and fixtures in connection with the
foregoing; and (4) costs of issuance, capitalized interest and other costs permitted by the Act.
Pursuant to the provisions of the Act and a resolution adopted by the Board of County
Commissioners of Frederick County, County Commissioners of Frederick County (now known
as Frederick County, Maryland and, hereinafter, “Frederick County”), issued its Frederick
County, Maryland Variable Rate Demand/Fixed Rate Revenue Bonds (Homewood at Frederick
MD, Inc. Facility) 1997 Issue in the original aggregate principal amount of $20,450,000 (the
“1997 Bonds”). Proceeds of the 1997 Bonds were loaned by Frederick County to Homewood at
Frederick MD, Inc. (“Homewood Frederick”), HRC and the Foundation (collectively, the “Prior
Frederick Borrower”) and were applied to finance, reimburse or refinance (1) the acquisition,
construction and improvement of the retirement care community on the Frederick Campus
identified below consisting of (a) a 120-bed skilled nursing facility containing approximately
63,300 square feet, (b) a 31-bed assisted living facility containing approximately 18,200 square
feet, (c) 122 apartments containing approximately 141,600 square feet, and (d) related support
elements; and (2) costs of issuance, capitalized interest and other costs permitted by the Act.
Pursuant to the provisions of the Act and a resolution adopted by the Board of County
Commissioners of Frederick County, Frederick County issued its Frederick County, Maryland
Retirement Facilities Mortgage Revenue Bond (Homewood at Willow Ponds Facility) 2014
Issue in the original principal amount of $86,000,000 (the “2014 Bond” and, collectively with
the 2007 Bonds, the 2011 Bonds and the 1997 Bonds, the “Prior Bonds”). Proceeds of the 2014
Bond were loaned by Frederick County to the Prior Frederick Borrower and were applied to
finance, reimburse or refinance (1) the acquisition and improvement on the Frederick Campus of
(a) infrastructure, grading, road and site improvements, (b) approximately 100 cottages, (c) an
85-unit apartment facility containing approximately 169,435 square feet, (d) a community center
containing approximately 54,932 square feet, (e) an underground parking garage containing
approximately 52,967 square feet, and (f) necessary and useful equipment, machinery,
furnishings and fixtures in connection with the foregoing; (2) other improvements or interests in
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land necessary or useful for the foregoing; and (3) costs of issuance, capitalized interest and
other costs permitted by the Act.
The continuing care retirement community owned and operated by Homewood Williamsport is
known as Homewood at Williamsport and is located at 16505 Virginia Avenue, Williamsport,
Maryland 21795 (the “Williamsport Campus”). The continuing care retirement community
owned and operated by Homewood Frederick is known as Homewood at Frederick and is located
at 7407 Willow Road, Frederick, Maryland 21702 (the “Frederick Campus”).
The Act does not require that bonds issued pursuant to the Act be applied to finance or refinance
the acquisition and improvement of facilities and improvements located solely within the issuer’s
jurisdiction. HRC, the parent company of the Maryland Obligated Group members, is located in
the County and provides management oversight for all HRC subsidiaries (including those located
in Pennsylvania), including centralized payroll, billing, purchasing, accounts payable, human
resources, regulatory and accounting.
Because HRC is located in the County, the Maryland Obligated Group requested in calendar year
2020 that the County issue revenue bonds pursuant to the Act and loan the proceeds to the
Maryland Obligated Group for certain refinancing and financing purposes and related purposes
with respect to facilities and improvements located on the Williamsport Campus and the
Frederick Campus. In December 2020, the County issued two such series of revenue bonds
pursuant to the Act and loaned the proceeds thereof to the Maryland Obligated Group.
One such series of revenue bonds issued by the County in December 2020 was designated as the
County Commissioners of Washington County Economic Development Refunding Revenue
Bonds (Homewood Maryland Obligated Group Project) Series 2020A and was issued as a single
bond in the original principal amount of $101,718,252 (the “2020A Bonds”). Proceeds of the
2020A Bonds were applied by the Maryland Obligated Group to (1) refund in whole the then-
outstanding Prior Bonds, and (2) finance or reimburse costs of issuance of the 2020A Bonds and
any other costs related to the 2020A Bonds that were permitted by the Act. The facilities and
improvements located on the Williamsport Campus and the Frederick Campus the costs of which
were financed or refinanced from proceeds of the Prior Bonds are collectively referred to herein
as the “Prior Bonds Facilities.”
The 2020A Bonds bear interest at a variable rate. At the time of issuance of the 2020A Bonds,
the Maryland Obligated Group entered into certain interest rate hedging transactions designed to
mitigate interest rate risk with respect to a portion of the 2020A Bonds.
Due to a potential rise in interest rates, the Maryland Obligated Group is requesting that the
County issue the Bonds and loan the proceeds to the Maryland Obligated Group for the purpose
of (1) refunding in part the outstanding 2020A Bonds (from the unhedged portion); (2) funding
any necessary reserves for the Bonds; and (3) financing or reimbursing costs of issuance of the
Bonds and any other costs that are permitted by Section 12-110(b) of the Act (the undertakings
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referred to in clauses (1)-(3) being referred to herein collectively as the “Refunding Project”). By
undertaking the Refunding Project, the Maryland Obligated Group will be effecting the
refinancing of the acquisition and improvement of the Prior Bonds Facilities and the financing of
other costs permitted by the Act.
In the Letter of Intent attached as Exhibit A to the Resolution the Maryland Obligated Group has
indicated that the proposed transaction will fix the debt service component of annual operating
costs because the Bonds are expected to be issued as fixed rate bonds, which will eliminate
budgetary uncertainty and the risk of rising interest rates on existing variable rate debt, and will
provide the Maryland Obligated Group with financing at an interest rate or rates more favorable
than those obtainable from conventional financing.
FISCAL IMPACT:The Maryland Obligated Group has agreed to pay a one-time issuer’s fee to
the County, which will provide unanticipated revenue; no other fiscal impact is anticipated. The
County will be a conduit issuer of the contemplated Bonds, the proceeds of which will be loaned
to the Maryland Obligated Group. The Bonds will be payable solely from payments made by
the Maryland Obligated Group in accordance with the documents relating to the Bonds and any
other security pledged by the Maryland Obligated Group for that purpose. Payment of debt
service on the Bonds is the responsibility of the Maryland Obligated Group and not the County.
The County will not pledge its faith and credit or its taxing power to payment of the Bonds. The
issuance will have no impact on the County’s borrowing limits or financial position. The
Maryland Obligated Group will be responsible for all costs of the proposed transaction, whether
or not the Bonds are ever issued.
CONCURRENCES:
ALTERNATIVES:
Kirk C. Downey, County Attorney
The Bonds are expected to be issued on a tax-exempt basis. If the
Resolution is not approved, the Bonds may not be issued by the County, and the Maryland
Obligated Group will have to seek bond financing from another qualifying bond issuer or
conventional financing. This will present structuring difficulties due to the fact that the
Maryland Obligated Group has already granted security interests in the facilities and
improvements located on the Williamsport Campus and the Frederick Campus in connection
with the issuance of the 2020A Bonds and could prevent the Maryland Obligated Group from
being able to obtain any financing that will achieve the intended purposes of the Refunding
Project.
ATTACHMENTS:Proposed Resolution, with a copy of the Letter of Intent of the Maryland
Obligated Group required by the Act attached thereto as Exhibit A. If the Resolution is
adopted, the original Letter of Intent shall be countersigned by the President of the Board of
County Commissioners.
AUDIO/VISUAL NEEDS: N/A
RESOLUTION NO. RS-2021-
A RESOLUTION AUTHORIZING AND EMPOWERING COUNTY COMMISSIONERS OF
WASHINGTON COUNTY (THE "COUNTY"), PURSUANT TO AND IN ACCORDANCE
WITH THE MARYLAND ECONOMIC DEVELOPMENT REVENUE BOND ACT (THE
"ACT"), TO ISSUE AND SELL, AT ONE TIME OR FROM TIME TO TIME, AS LIMITED
OBLIGATIONS AND NOT UPON ITS FAITH AND CREDIT OR PLEDGE OF ITS TAXING
POWER, ITS ECONOMIC DEVELOPMENT REFUNDING REVENUE BONDS IN ONE OR
MORE SERIES IN AN ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$60,000,000, AND TO LOAN THE PROCEEDS FROM THE SALE OF SUCH BONDS TO
HOMEWOOD AT WILLIAMSPORT MD, INC. AND HOMEWOOD AT FREDERICK MD,
INC. (COLLECTIVELY, THE "MARYLAND OBLIGATED GROUP") TO BE USED FOR
THE PUBLIC PURPOSE OF REFINANCING AND FINANCING COSTS OF THE
ACQUISITION AND IMPROVEMENT OF CERTAIN FACILITIES (WITHIN THE
MEANING OF THE ACT) LOCATED IN THE COUNTY AND IN FREDERICK COUNTY,
MARYLAND AND USED BY THE MARYLAND OBLIGATED GROUP AS CONTINUING
CARE RETIREMENT COMMUNITIES, TOGETHER WITH OTHER COSTS PERMITTED
BY THE ACT; SPECIFYING AND DESCRIBING THE FACILITIES THE COSTS OF WHICH
ARE TO BE REFINANCED; GENERALLY DESCRIBING THE PUBLIC PURPOSES TO BE
SERVED AND THE TRANSACTION TO BE ACCOMPLISHED; AUTHORIZING THE
PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY, BY
EXECUTIVE ORDER OR OTHERWISE, TO SPECIFY, PRESCRIBE, DETERMINE,
PROVIDE FOR, OR APPROVE, CERTAIN MATTERS, DETAILS, FORMS, DOCUMENTS
OR PROCEDURES NECESSARY OR DESIRABLE TO EFFECTUATE THE
AUTHORIZATION, SALE, SECURITY, ISSUANCE, DELIVERY AND PAYMENT OF AND
FOR SUCH BONDS AND THE LENDING OF THE PROCEEDS THEREOF TO THE
MARYLAND OBLIGATED GROUP; RESERVING CERTAIN RIGHTS IN THE COUNTY;
AUTHORIZING CERTAIN OFFICIALS OF THE COUNTY TO MAKE CERTAIN
ADDITIONAL DETERMINATIONS OR UNDERTAKE CERTAIN ACTIONS PRIOR TO OR
SUBSEQUENT TO THE ISSUANCE OF THE BONDS; AUTHORIZING THE ACCEPTANCE
OF THAT CERTAIN LETTER OF INTENT DELIVERED BY THE MARYLAND
OBLIGATED GROUP TO THE COUNTY AS REQUIRED BY THE ACT; PROVIDING FOR
THE DATE BY WHICH ANY BONDS MUST BE ISSUED UNDER AUTHORITY OF THIS
RESOLUTION; PROVIDING THAT THE PROVISIONS OF THIS RESOLUTION SHALL BE
LIBERALLY CONSTRUED; AND GENERALLY PROVIDING FOR AND DETERMINING
VARIOUS MATTERS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS AND
THE LENDING OF THE PROCEEDS THEREOF TO THE MARYLAND OBLIGATED
GROUP, AS REQUIRED OR PERMITTED BY THE ACT.
REC!T AL§
1. Sections 12-101 to 12-118, inclusive, of the Economic Development Article of the
Annotated Code of Maryland, as replaced, supplemented or amended, being the Maryland
Economic Development Revenue Bond Act (the "Act"), empower any "public body" (as defined
in the Act), at the request of a "facility applicant" (as defined in the Act), to issue and sell "bonds"
(as defined in the Act), as its limited obligations and not upon its faith and credit or pledge of its
taxing power, at any time and from time to time, and to loan or otherwise provide the proceeds of
the sale of such bonds to a "facility user" (as defined in the Act) in order to "finance" (as defined
in the Act, which includes "refinance") the costs of the acquisition or "improvement" (as defined
in the Act) of a "facility" (as defined in the Act) for a facility user, including working capital, to
refund outstanding bonds, to pay the costs of preparing, printing, selling, and issuing those bonds,
to fund reserves, and to pay interest on such bonds in the amount and for the period the public
body deems reasonable.
2. The Act states that its declared legislative purposes are to (1) relieve conditions of
unemployment in the State of Maryland (the "State"); (2) encourage the increase of industry and
commerce and a balanced economy in the State; (3) assist in the retention of existing industry and
commerce in, and the attraction of new industry and commerce to, the State through, among other
things, the development of ports, the control or abatement of environmental pollution and the use
and disposal of waste; (4) promote economic development; (5) protect natural resources and
encourage resource recovery; and (6) promote the health, welfare and safety of the residents of the
State.
3. The Act provides that a public body may acquire or improve a facility with bond
proceeds: (i) by leasing the facility to a facility user; (ii) by selling the facility to a facility user
under an installment sale agreement; (iii) by lending bond proceeds to a facility user to be used to
finance (including to refinance) a facility; or (iv) in any other manner that the public body considers
appropriate to accomplish the legislative purposes of the Act.
4. The Act provides that to implement the authority conferred upon it by the Act to
issue bonds, the legislative body of a county or municipal corporation shall adopt a resolution that
(i) specifies and describes the facility; (ii) generally describes the public purpose to be served and
the financing transaction; (iii) specifies the maximum principal amount of the bonds that may be
issued; and (iv) imposes terms or conditions on the issuance and sale of the bonds that it deems
appropriate.
5. The Act provides that the legislative body of a county or municipal corporation, by
resolution, may itself, or may authorize (i) its "finance board" (as defined in the Act), (ii) the "chief
executive" (as defined in the Act), who shall act by executive order or otherwise, or (iii) any other
appropriate administrative officer, who shall act by order or otherwise with the approval of the
chief executive, to specify, determine, prescribe and approve matters, documents and procedures
that relate to the authorization, sale, security, issuance, delivery and payment of and for the bonds;
create security for the bonds; provide for the administration of bond issues through trust or other
agreements with a bank or trust company that cover a countersignature on a bond, the delivery of
a bond, or the security for a bond; and take other action considered appropriate concerning the
bonds.
6. Pursuant to the provisions of the Act and a resolution adopted by the Board of
County Commissioners of Washington County (the "Board"), County Commissioners of
Washington County, a body politic and corporate, a political subdivision of the State of Maryland
and a "public body" within the meaning of the Act (the "County"), issued its Washington County,
Maryland Variable Rate Demand Revenue Bonds (Homewood at Williamsport Facility) Series
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2007 in the original aggregate principal amount of $12,000,000 (the "2007 Bonds"). Proceeds of
the 2007 Bonds were loaned by the County to Homewood at Williamsport MD, Inc. ("Homewood
Williamsport"), Homewood Retirement Centers of the United Church of Christ, Inc. (now known
as Homewood Retirement Centers, Inc. and, hereinafter, "HRC") and Homewood Foundation, Inc.
(the "Foundation" and, collectively with Homewood Williamsport and HRC, the "Prior
Williamsport Borrower") and were applied to finance, reimburse or refinance (1) the demolition
of a portion of the existing nursing home located on the approximately 29 acre parcel of land on
the Williamsport Campus identified below and site work; (2) the acquisition and construction of
an approximately 72,000 square foot building located on the Williamsport Campus and other
campus improvements; (3) the acquisition and installation of necessary and useful equipment,
machinery, furnishings and fixtures in connection with the foregoing; (4) the acquisition of other
improvements or interests in land as were necessary or useful for the foregoing; and ( 5) costs of
issuance, capitalized interest and other costs permitted by the Act.
7. Pursuant to the provisions of the Act and a resolution adopted by the Board, the
County issued its County Commissioners of Washington County Variable Rate Demand Revenue
Bonds (Homewood at Williamsport Facility), Series 2011 in the original aggregate principal
amount of$9,425,000 (the "2011 Bonds"). Proceeds ofthe2011 Bonds were loaned by the County
to the Prior Williamsport Borrower and were applied to finance, reimburse or refinance (1) the
renovation of the remaining portion of the previous nursing facility (health care center) located on
the Williamsport Campus, including (without limitation) asbestos removal and gutting of the
interior, to create approximately 35 new apartments containing approximately 67,960 aggregate
square feet; (2) the remodeling of the exterior of the building; (3) the acquisition and installation
of necessary and useful equipment, machinery, furnishings and fixtures in connection with the
foregoing; and (4) costs of issuance, capitalized interest and other costs permitted by the Act.
8. Pursuant to the provisions of the Act and a resolution adopted by the Board of
County Commissioners of Frederick County (the "Frederick Board"), County Commissioners of
Frederick County (now known as Frederick County, Maryland and, hereinafter, "Frederick
County"), issued its Frederick County, Maryland Variable Rate Demand/Fixed Rate Revenue
Bonds (Homewood at Frederick MD, Inc. Facility) 1997 Issue in the original aggregate principal
amount of$20,450,000 (the "1997 Bonds"). Proceeds of the 1997 Bonds were loaned by Frederick
County to Homewood at Frederick MD, Inc. ("Homewood Frederick"), HRC and the Foundation
( collectively, the "Prior Frederick Borrower") and were applied to finance, reimburse or refinance
(1) the acquisition, construction and improvement of the retirement care community on the
Frederick Campus identified below consisting of (a) a 120-bed skilled nursing facility containing
approximately 63,300 square feet, (b) a 31-bed assisted living facility containing approximately
18,200 square feet, (c) 122 apartments containing approximately 141,600 square feet, and (d)
related support elements; and (2) costs of issuance, capitalized interest and other costs permitted
by the Act.
9. Pursuant to the provisions of the Act and a resolution adopted by the Frederick
Board, Frederick County issued its Frederick County, Maryland Retirement Facilities Mortgage
Revenue Bond (Homewood at Willow Ponds Facility) 2014 Issue in the original principal amount
of $86,000,000 (the "2014 Bond" and, collectively with the 2007 Bonds, the 2011 Bonds and the
1997 Bonds, the "Prior Bonds"). Proceeds of the 2014 Bond were loaned by Frederick County to
the Prior Frederick Borrower and were applied to finance, reimburse or refinance (1) the
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acquisition and improvement on the Frederick Campus of ( a) infrastructure, grading, road and site
improvements, (b) approximately 100 cottages, ( c) an 85-unit apartment facility containing
approximately 169,435 square feet, (d) a community center containing approximately 54,932
square feet, (e) an underground parking garage containing approximately 52,967 square feet, and
(f) necessary and useful equipment, machinery, furnishings and fixtures in connection with the
foregoing; (2) other improvements or interests in land necessary or useful for the foregoing; and
(3) costs of issuance, capitalized interest and other costs permitted by the Act.
10. Pursuant to the provisions of the Act and Resolution No. RS-2020-16, adopted by
the Board on July 21, 2020, the County issued its County Commissioners of Washington County
Economic Development Refunding Revenue Bonds (Homewood Maryland Obligated Group
Project) Series 2020A as a single bond in the original principal amount of $101,718,252 (the
"2020A Bonds"). In connection with, among other things, the issuance of the 2020A Bonds, HRC
created obligated group structures for financings in the states where its subsidiaries, including
Homewood Williamsport and Homewood Frederick, operate. The County has been advised that
in March 2020 HRC created the "Maryland Obligated Group" consisting of Homewood
Williamsport and Homewood Frederick. The 2020A Bonds were issued pursuant to a Bond Trust
Indenture dated as of November 1, 2020 (the "Original Bond Indenture") between the County and
Manufacturers and Traders Trust Company, as Trustee. The County loaned the proceeds of the
2020A Bonds to the Maryland Obligated Group pursuant to a Loan Agreement dated as of November
1, 2020 (the "Original Loan Agreement") for the purpose of (1) refunding in whole the then
outstanding Prior Bonds; and (2) financing or reimbursing costs of issuance of the 2020A Bonds and
any other costs related to the 2020A Bonds that were permitted by the Act.
11. The County has received a letter of intent from the Maryland Obligated Group, a
copy of which is attached hereto as Exhibit A and made a part hereof (the "Letter of Intent"),
requesting that the County issue and sell its bonds pursuant to the authority of the Act in one or
more series from time to time in an original aggregate principal amount not to exceed $60,000,000
and loan the proceeds of the sale thereof to the Maryland Obligated Group, for the purpose of (1)
refunding in part the outstanding 2020A Bonds; (2) funding any necessary reserves for such bonds;
and (3) financing orreimbursing costs ofissuance of such bonds and any other costs that are permitted
by Section 12-ll0(b) of the Act (the undertakings referred to in clauses (1)-(3) being referred to
collectively as the "Refunding Project"). By undertaking the Refunding Project, the Maryland
Obligated Group will be effecting the refinancing of the acquisition and improvement of the Prior
Bonds Facilities identified in Recital 12 below and the financing of other costs permitted by the
Act.
12. The "Prior Bonds Facilities" consist of and include (1) the facilities and
improvements (the "Prior Bonds Williamsport Facilities") the costs of which were financed,
reimbursed or refinanced from proceeds of the 2007 Bonds and the 2011 Bonds, which are part of
a continuing care retirement community known as Homewood at Williamsport that is located at
16505 Virginia A venue, Williamsport, Maryland 21795 (the "Williamsport Campus"), and (2) the
facilities and improvements (the "Prior Bonds Frederick Facilities") the costs of which were
financed, reimbursed or refinanced from proceeds of the 1997 Bonds and the 2014 Bond, which
are part of a continuing care retirement community known as Homewood at Frederick that is
located at 7407 Willow Road, Frederick, Maryland 21702 (the "Frederick Campus").
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13. The Letter of Intent provides that the Prior Bonds Facilities are and will be used by
the members of the Maryland Obligated Group in their respective capacities as 50l(c)(3)
organizations, within the meaning of Section 150(a)(4) of the Internal Revenue Code of 1986, as
amended (the "Code"), for tax-exempt purposes in their activities of owning and operating
continuing care retirement communities and related amenities.
14. The Letter oflntent provides that it is expected that interest on any such bonds shall
be excludable from gross income of the holders thereof for federal income tax purposes, and a
public hearing concerning the issuance of such bonds and the location and nature of the Prior
Bonds Facilities has been held following reasonable public notice (within the meaning of Section
147(t) of the Code) as required by the Code.
15. The Maryland Obligated Group acknowledges in the Letter of Intent that the
County reserves certain rights concerning the issuance of such bonds as provided in Section 14 of
this Resolution.
16. Concurrently with the issuance of the 2020A Bonds, the County issued its County
Commissioners of Washington County Economic Development Revenue Bonds (Homewood
Maryland Obligated Group Project) Series 2020B as a single bond in the original principal amount
of $45,000,000 (the "2020B Bonds"). Proceeds of the 2020B Bonds were loaned by the County
to the Maryland Obligated Group. Proceeds of the 2020B Bonds were and are being applied to (1)
finance, reimburse or refinance the costs of the acquisition, improvement, renovation and
equipping of existing and additional facilities (within the meaning of the Act) located on the
Williamsport Campus and the Frederick Campus and related costs permitted by the Act and the
authorizations pertaining to the 2020B Bonds, and (2) finance or reimburse costs of issuance of the
2020B Bonds and any other costs related to the 2020B Bonds that were permitted by the Act. The
Maryland Obligated Group has advised the County that it is not pursuing a refunding of any portion
of the 2020B Bonds at this time.
1 7. The 2020A Bonds and the 2020B Bonds were issued on a parity basis, except to the
extent otherwise provided under the Original Bond Indenture and the Original Loan Agreement and
any other documents relating to the issuance of the 2020A Bonds and/or the 2020B Bonds, and
constitute "Bonds" for purposes of the Original Bond Indenture, the Original Loan Agreement and
related bond documents. The Original Bond Indenture and the Original Loan Agreement allow for
the issuance of "Additional Bonds" ( as defined in the Original Loan Agreement) pursuant to the terms
and conditions thereof for any purpose permitted by the Act (including refunding purposes). Any
such series of Additional Bonds will be issued on a parity basis with any Bonds ( as such term is
defined in the Original Loan Agreement) then-outstanding under the Original Bond Indenture and the
Original Loan Agreement, as the same may be amended, supplemented or restated, except to the
extent provided in the applicable bond documents. It is contemplated that the bonds that are the
subject of this Resolution will be issued as such Additional Bonds unless the President of the Board
and the Maryland Obligated Group otherwise agree in accordance with the provisions of the Act and
Section 5 of this Resolution. All Bonds (as defined in the Original Loan Agreement, which includes
Additional Bonds) issued under the provisions of the Original Bond Indenture and the Original Loan
Agreement, as the same may be amended, supplemented or restated, are secured by interests in all
facilities and improvements located on the Williamsport Campus and the Frederick Campus,
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including (but not limited to) the Prior Bonds Williamsport Facilities and the Prior Bonds Frederick
Facilities.
18. The County, based upon the findings and determinations and subject to the
reservation of rights set forth below, has determined to issue and sell, in addition to any bonds
authorized to be issued by any other act of the County, its bonds (within the meaning of the Act),
in one or more series at one time or from time to time, in an original aggregate principal amount
not to exceed Sixty Million Dollars ($60,000,000) ( collectively, the "Bonds"), and to loan the
proceeds of the Bonds ( collectively, the "Loan") to the Maryland Obligated Group on the terms
and conditions as hereinafter provided in order to refinance and finance costs of the Refunding
Project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF WASHINGTON COUNTY, THAT:
Section 1. It is hereby found and determined as follows:
(a) The Recitals to this Resolution are incorporated by reference herein and deemed a
substantive part of this Resolution. Capitalized terms used in this Resolution and not otherwise
defined herein shall have the meanings given to such terms in the Recitals.
(b) References in this Resolution to any official by title shall be deemed to refer (i) to any
official authorized under the code of public local laws of the County, as replaced, supplemented or
amended (the "County Code"), or other applicable law or authority to act in such titled official's stead
during the absence or disability of such titled official, (ii) to any person who has been elected,
appointed or designated to fill such position in an acting or interim capacity under the County Code
or other applicable law or authority, (iii) to any person who serves in a "deputy," "associate" or
"assistant" capacity as such an official, provided that the applicable responsibilities, rights or duties
referred to herein have been delegated to such deputy, associate or assistant in accordance with the
County Code or other applicable law or authority, and/or (iv) to the extent an identified official
commonly uses another title not provided for in the County Code, the official, however known, who
is charged under the County Code or other applicable law or authority with the applicable
responsibilities, rights or duties referred to herein.
( c) As evidenced by the Letter of Intent, a "letter of intent" within the meaning of the
Act, the issuance of the Bonds pursuant to the Act by the County, a "public body" and a county
within the meaning of the Act, in order to loan the proceeds to the Maryland Obligated Group, a
"facility applicant" and a "facility user" within the meaning of the Act, for the sole and exclusive
purpose of refinancing the acquisition and "improvement" within the meaning of the Act of the
Prior Bonds Facilities, which are each a "facility" within the meaning of the Act, will facilitate the
financing of costs of the Refunding Project by the Maryland Obligated Group. References in this
Resolution to "acquire", "acquisition", "improve", "improvement", "finance" or any other term
defined in the Act shall have the meanings given to such terms in the Act, as applicable. In
addition, references in this Resolution to "finance" or "financing" or similar terms shall be deemed
to include "refinance", "refinancing", "reimburse" or "reimbursing" or similar terms, as
applicable.
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( d) The Maryland Obligated Group has advised that the portion of the 2020A Bonds
expected to be refunded through the Refunding Project bear interest at a variable rate and expose
the Maryland Obligated Group to increased debt service costs if interest rates rise as anticipated.
Based on representations of the Maryland Obligated Group set forth in the Letter of Intent, the
issuance and sale of the Bonds by the County pursuant to the Act for the purpose of financing costs
(to the fullest extent permitted by the Act) of the Refunding Project, will fix the debt service
component of the Maryland Obligated Group's annual operating costs, which will (1) enhance the
senior care provided by the Maryland Obligated Group to the residents of the Williamsport
Campus and the Frederick Campus, and (2) permit the Maryland Obligated Group to maintain its
current resident census and professional and other staff and, accordingly, will generally promote
the declared legislative purposes of the Act by (i) sustaining jobs and employment by the retention
of a significant number of jobs, thus relieving conditions of unemployment in the County and the
State; (ii) assisting in the retention of existing industry and commerce and in the attraction of new
industry and commerce in the County and the State; (iii) promoting economic development in the
County and the State; and (iv) generally promoting the health, welfare and safety of the residents
of the County and the State. To the extent the Bonds are issued as fixed rate bonds as anticipated,
budgetary uncertainty will be eliminated with respect to the debt service component of the
Maryland Obligated Group's annual budget cycles.
(e) AS PROVIDED IN THE ACT, THE BONDS AND THE INTEREST ON THEM
(I) ARE NOT DEBTS OR CHARGES AGAINST THE GENERAL CREDIT OR TAXING
POWERS OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR
CHARTER PROVISION OR STATUTORY LIMITATION AND (II) MAY NOT GIVE RISE
TO ANY PECUNIARY LIABILITY OF THE COUNTY. THE BONDS ARE NOT A PLEDGE
OF THE FAITH AND CREDIT OR TAXING POWER OF THE COUNTY.
(t) AS PROVIDED IN THE ACT, THE BONDS AND THE INTEREST ON THEM
SHALL BE LIMITED OBLIGATIONS OF THE COUNTY, PAY ABLE SOLELY FROM THE
REVENUES DERIVED FROM LOAN REPAYMENTS (BOTH PRINCIPAL AND INTEREST)
MADE TO THE COUNTY (OR ITS ASSIGNEE) BY THE MARYLAND OBLIGATED
GROUP ON ACCOUNT OF THE LOAN OR OTHER MONEY MADE AVAILABLE TO THE
COUNTY FOR SUCH PURPOSE.
(g) As security for the Bonds, the County may enter into one or more agreements with
a trustee, a paying agent or an escrow agent for the benefit of the holder(s) of the Bonds or with
the holder or holders of the Bonds if no trustee, paying agent or escrow agent is appointed for the
purpose of assigning or pledging revenues or other security received in connection with the
financing of costs of the Refunding Project. Any such agreements may include, but not be limited
to, amendments, modifications or supplements to or restatements of the Original Loan Agreement
and the Original Bond Indenture if the Bonds are issued as Additional Bonds in accordance with
the provisions of such documents. As further security for the Bonds, the County may assign or
confirm the prior assignment to the trustee, the paying agent or the escrow agent for the holder(s)
of the Bonds or to the holder or holders of the Bonds if no trustee, paying agent or escrow agent is
appointed any interest in the Prior Bonds Facilities or other real or personal property that is or was
previously (in connection with the issuance of the 2020A Bonds) granted to the County by the
Maryland Obligated Group or any member thereof pursuant to a deed of trust, mortgage or similar
instrument, including (without limitation) amendments, modifications or supplements to or
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restatements of any such deed of trust, mortgage or similar instrument executed in connection with
the issuance of the 2020A Bonds. Except for certain rights of the County to indemnification and
to payments with respect to its administrative expenses, the entire revenues derived from payments
on the Loan shall be set apart and applied to the payment of the principal of, premium, if any, and
interest on the Bonds and, to the extent the Bonds are issued as Additional Bonds under the
Original Bond Indenture and the Original Loan Agreement and any related bond documents, any
other obligations secured thereunder on a parity basis with the Bonds.
(h) The proceeds of the Loan will be paid directly to, and will be disbursed by, the
trustee, the paying agent or the escrow agent for the benefit of the holder(s) of the Bonds or by the
holder or holders of the Bonds if no trustee, paying agent or escrow agent is appointed. No moneys
will be commingled with the County's funds or will be subject to the absolute control of the
County, but only to such limited supervision and checks as are deemed necessary or desirable to
ensure that the proceeds of the sale of the Bonds are used to accomplish the public purposes of the
Act and this Resolution. The transactions contemplated by this Resolution do not constitute the
acquisition of any physical public betterment or improvement or the acquisition of property for
public use or the purchase of equipment for public use, and do not constitute a capital project of
the County within the meaning of any statutory or charter provision. The public purposes
expressed in the Act are to be achieved by facilitating the financing of costs of the Refunding
Project by the Maryland Obligated Group.
(i) The County will acquire and retain no interest in the Prior Bond Facilities or any
other facilities within the meaning of the Act, either on its own behalf or for the purpose of creating
any security for the Bonds ( other than such interest as may be held by parties secured by any
security interest granted by the Maryland Obligated Group). Any such security interest in favor
of the County shall be assigned ( or the prior assignment thereof confirmed) to the trustee, the
paying agent or the escrow agent for the benefit of the holder(s) of the Bonds or to the holder or
holders of the Bonds if no trustee, paying agent or escrow agent is appointed.
(j) The President of the Board of County Commissioners of Washington County (the
"President" and the "Board", respectively) is the "chief executive" of the County within the
meaning of the Act and shall undertake on behalf of the County certain responsibilities described
in the Act and hereinafter specified.
(k) The adoption of this Resolution shall not in any way indicate the approval of, or
constitute any commitment for approval by, the County or any of its officials or employees of any
subdivision plat, license, permit, application or any other request to the County, if any, with respect
to any currently proposed or future zoning, land use, design, construction, development or other
matters relating to the Prior Bonds Facilities or any other facilities and improvements located on
the Williamsport Campus or the Frederick Campus or the operation of the Prior Bonds Facilities
or any such other facilities and improvements.
(1) The County accepts (i) the designation of the firm of Miles & Stockbridge P.C. as
(A) bond counsel to render customary approving and tax opinions relating to the Bonds and (B)
counsel to the Maryland Obligated Group, and (ii) the designation of the firm of Funk & Bolton,
P.A. as issuer's counsel. To the extent the Bonds are issued in separate series from time to time,
the President may provide in accordance with Section 5(a) of this Resolution for a different
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designation of bond counsel and/or issuer's counsel with respect to any subsequent series of the
Bonds issued at a later time after the first series of the Bonds, including if any such counsel serves
as counsel to more than one party in the transaction.
Section 2. Tue County is hereby authorized to issue, sell and deliver the Bonds, at any
time and from time to time, in one or more series, in an original aggregate principal amount not to
exceed Sixty Million Dollars ($60,000,000), whether taxable or tax-exempt for purposes of the
Code, pursuant to the Act and this Resolution, and each series of the Bonds shall be identified by
the year of issue or by some other or additional appropriate designation. Each series of the Bonds
may be comprised of any form of obligation authorized by the Act. Any series of the Bonds may
be issued as a single bond and, in such event, references in this Resolution to the Bonds shall be
deemed to mean such single bond with respect to such series. Any bond may be issued in
installment or draw-down form.
Section 3. It is hereby determined that the best interests of the County and the
Maryland Obligated Group will be served by selling the Bonds of any series (i) by such method of
sale as may be satisfactory to the President and the Maryland Obligated Group, including by
negotiated underwriting, in a direct purchase transaction, in a private placement, by competitive
sale or by other permissible means, and (ii) for a price at, above or below par as determined in
accordance with Section 5(a)(viii) hereof, as permitted by the Act. While the Letter of Intent
provides that the Bonds are expected to be sold in a private placement transaction, pursuant to the
provisions of Section 5(a)(viii) of this Resolution, the President may approve or provide for any
other method of sale for any series of the Bonds.
Section 4. The proceeds of the sale of the Bonds will be loaned by the County to the
Maryland Obligated Group and shall be used by the Maryland Obligated Group solely for the
purpose of financing costs of the Refunding Project to the fullest extent permitted by the Act,
including to the extent permitted by the holder or holders of the Bonds, payment of the costs of
preparing, printing, selling and issuing the Bonds, funding reserves, or payment of any other costs
permitted by the Act. The Maryland Obligated Group shall own, use or manage, or provide for
the ownership, use or management of, the Prior Bonds Facilities so as to remain a facility user
within the meaning of the Act for as long as any of the Bonds remain outstanding and unpaid. The
County has been advised that currently Homewood Williamsport owns, operates and manages the
components of the Prior Bonds Facilities located on the Williamsport Campus and Homewood
Frederick owns, operates and manages the components of the Prior Bonds Facilities located on the
Frederick Campus.
Section 5. (a) Prior to the issuance, sale and delivery of the Bonds of any series,
the President, by executive order or otherwise:
(i) shall prescribe the form, tenor, terms and conditions of and security for the
Bonds of such series;
(ii) shall prescribe the designation, principal amounts, rate or rates of interest or
method of determining the rate or rates of interest, denominations, date, maturity or maturities
(within the limits prescribed in the Act and to the extent applicable, the Code), and the time and
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place or places of payment of the Bonds of such series, and the terms and conditions and details
under which the Bonds of such series may be called for redemption or prepayment prior to their
stated maturities;
(iii) if necessary, may appoint or approve a trustee, a bond registrar, and/or a paying
agent or agents for the Bonds of such series, an escrow agent and/or a verification consultant, and
one or more underwriters or other purchasers of the Bonds of such series;
(iv) shall approve the form and contents of, and, subject to Section 6 hereof,
execute and deliver (where applicable), a loan or loan agreements (which may be known by any
name, including (without limitation), a "loan agreement", a "loan and financing agreement" or a
"bond and financing agreement"), and such other documents, including (without limitation) master
trust indentures, trust indentures, supplemental trust indentures, escrow agreements, assignments,
mortgages, deeds of trust, guaranties and security instruments to which the County is a party and
which may be necessary to effectuate the issuance, sale and delivery of the Bonds of such series
( collectively, the "Documents"); references to the Documents in this Resolution shall be deemed
to include (without limitation) amendments, modifications or supplements to or restatements of
the Original Bond Indenture, the Original Loan Agreement and any other documents related to the
2020A Bonds to the extent the Bonds are issued as Additional Bonds thereunder;
(v) may prepare and distribute, in conjunction with representatives of the Maryland
Obligated Group and any prospective underwriters for or purchasers of the Bonds of any series,
both a preliminary and a final official statement, offering memorandum or similar disclosure
document in connection with the sale of the Bonds of any series, if determined to be necessary or
desirable for the sale of the Bonds of such series, provided, however, that any such preliminary
official statement, offering memorandum or similar disclosure document shall be clearly marked
to indicate that it is subject to completion and amendment;
(vi) may execute and deliver a contract or contracts for the purchase and sale of
the Bonds of any series ( or any portion thereof) in form and content satisfactory to the President;
(vii) shall determine the time of execution, issuance, sale and delivery of the Bonds
of such series and prescribe any and all other details of the Bonds of such series;
(viii) may determine the method and the price for the sale of the Bonds of such
series, as contemplated in Section 3 of this Resolution, and may approve the terms of the sale of
the Bonds of such series;
(ix) shall provide for the direct payment by the Maryland Obligated Group of all
costs, fees and expenses incurred by or on behalf of the County in connection with the issuance,
sale and delivery of the Bonds of such series, including (without limitation) costs of printing (if
any) and issuing the Bonds of such series, legal expenses (including the fees of bond counsel and
issuer's counsel) and compensation to any person in connection with the issuance of the Bonds
(other than full-time employees of the County);
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(x) may provide for the funding of reserves for the Bonds of such series and for
the payment of interest on the Bonds of such series in such amounts, or for such period, as the
President deems reasonable, all within the limitations of the Act and this Resolution; and
(xi) may make any other determinations not in violation of the Act and may do any
and all things necessary, proper or expedient in connection with the issuance, sale and delivery of
the Bonds of such series and in order to accomplish the legislative purposes of the Act and the
public purposes of this Resolution, subject to the limitations set forth in the Act and any limitations
prescribed by this Resolution.
(b) The County hereby elects that any financing statement, amendment to financing
statement, continuation statement, termination statement, correction statement or any other
applicable or similar filing concerning the security for the Bonds be made by electronic filing,
unless electronic filing of the applicable instrument is prohibited by applicable law at the relevant
time.
Section 6. (a) The President or the Vice President of the Board (the "Vice
President"), by his or her manual or facsimile signature, is hereby authorized and directed to
execute the Bonds of any series in the name and on behalf of the County and to deliver the Bonds
to the purchaser thereof. The corporate seal of the County shall be affixed on such Bonds and
attested by the manual or facsimile signature of the County Clerk of the County (the "County
Clerk") or other appropriate official. If any of the Bonds are required to be signed by a trustee,
paying agent, registrar, fiscal agent or other agent or custodian, any other signature required or
permitted to be placed upon the Bonds may be executed manually or by facsimile. Any such
signature shall be made in accordance with the Act and other applicable Maryland law.
(b) The President or the Vice President is hereby authorized to execute, by his or her
manual or facsimile signature, to deliver, in the name and on behalf of the County, and to cause
the corporate seal of the County, attested by the manual or facsimile signature of the County Clerk
or other appropriate official, to be affixed upon the Documents where required. Upon due
execution, the Documents shall become binding upon the County in accordance with their
respective terms, as authorized by the Act and this Resolution.
Section 7. The President, the Vice President, the County Administrator of the County
(the "County Administrator"), the Chief Financial Officer of the County (the "Chief Financial
Officer") and all other appropriate officials and employees of the County are hereby authorized
and empowered to do any and all things, execute, acknowledge, seal and deliver such other and
further instruments, supporting documents and certificates, and otherwise take any and all action,
necessary, proper or expedient to consummate the transactions contemplated by this Resolution in
accordance with the Act and this Resolution.
Section 8. (a) As described in the Letter of Intent, 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 Refunding Project; accordingly, the Maryland
Obligated Group shall negotiate and approve all financing arrangements in connection with the
Refunding Project, and to the extent Bond proceeds are not available to pay the same, pay all costs
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incurred by or on behalf of the County in connection with the authorization, issuance and sale of
the Bonds, the making of the Loan, including the administration thereof, and the financing of costs
of the Refunding Project, including (without limitation) all costs incurred in connection with the
development of the appropriate legal documents necessary to effectuate the proposed transaction,
including (without limitation) the fees and expenses of bond counsel and issuer's counsel, all costs
incurred in connection with publication of notices of any public hearings to be held in connection
therewith, 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 Resolution, including (without limitation) any trustee, bond registrar or
paying agent for the Bonds and any escrow agent or verification consultant, whether or not the
proposed financing is consummated. The County shall have no liability or responsibility for the
payment of any such fees and expenses.
(b) In order to implement Section 12-113 of the Act stating that the Bonds may not
give rise to pecuniary liability of the County, the Bonds and the Documents may provide that no
trustee, paying agent or escrow agent for the holder(s) of the Bonds or the holder(s) of the Bonds,
as applicable, shall look to the County for damages suffered by such holder(s) of the Bonds as a
result of a failure of the County to perform any covenant, undertaking or obligation under the
Bonds or the Documents, nor as a result of the incorrectness of any representation made by the
County in the Bonds or the Documents. Although this Resolution recognizes that the Bonds and
the Documents shall not give rise to pecuniary liability of the County, nothing contained in this
Resolution, the Bonds or the 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 or its officials, employees or agents) in any court or before any
governmental body, agency or instrumentality, or otherwise against the County or any of its
officials or employees to enforce the provisions of the Bonds or the Documents.
(c) Although the Documents may provide that the County shall have the right to seek
remedies in the event of certain events of default as stated therein, it is contemplated that the
County will assign such right to take action to the trustee, the paying agent or the escrow agent for
the holder(s) of the Bonds or, if there is no such trustee, paying agent or escrow agent, the holder(s)
of the Bonds (excluding with respect to any reserved rights of the County), in order to implement
the purposes and intent of the Act, namely to facilitate the refinancing of costs of the acquisition
and improvement of the Prior Bonds Facilities by the Maryland Obligated Group without the
County incurring any pecuniary liability or obligation. Accordingly, if a trustee, a paying agent
or an escrow agent is appointed for such purpose, such trustee, paying agent or escrow agent shall
have the duty to act, whether or not at the direction of the holder( s) of the Bonds, in all instances
in which the trustee, the paying agent or the escrow agent for holder(s) of the Bonds may act and
determines that action is appropriate. In any case where action by any trustee, paying agent or
escrow agent for the holder(s) of the Bonds or the holder(s) of the Bonds themselves requires
simultaneous or subsequent action by the County, the County will cooperate with such trustee,
paying agent or escrow agent or holder(s) of the Bonds and take any and all action necessary to
effectuate the purposes and intent of this Resolution, the Bonds and the Documents. The
Documents shall provide that the Maryland Obligated Group, the trustee, the paying agent or the
escrow agent or the holder(s) of the Bonds, as applicable, shall pay those costs in order to avoid
any direct or indirect pecuniary burden on the County.
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Section 9. (a) It is the present intention of the County and the Maryland Obligated
Group that any series of the Bonds shall be issued on a tax-exempt basis, unless prohibited by the
Code. Reference in this Section 9 to the Bonds is intended to apply only to the Bonds of any series
the interest on which is exempt from federal income taxation.
(b) Any one or more of the President, the Vice President and the Chief Financial
Officer shall be the officer or officers of the County responsible for the issuance of the Bonds
within the meaning of Section 1.148-2(b )(2) of the Arbitrage Regulations ( as hereinafter defined)
and shall also be the officers of the County responsible for the execution and delivery (on the date
of issuance of the Bonds) of a certificate of the County (the "Issuer's Certificate as to Arbitrage")
which, in the opinion of bond counsel whose opinions are generally accepted in the field of
municipal finance, complies with the requirements of Section 148 of the Code ("Section 148") and
the applicable regulations thereunder (the "Arbitrage Regulations"), and the President, the Vice
President and the Chief Financial Officer, or any two or more of such officials acting in concert,
are each hereby authorized and directed to execute the Issuer's Certificate as to Arbitrage and to
deliver the same to bond counsel on the date of the issuance of the Bonds. The Issuer's Certificate
as to Arbitrage may be part of a certificate executed and delivered by the Maryland Obligated
Group and/or any other appropriate party pursuant to the Code and the Arbitrage Regulations. If
the Bonds are issued as Additional Bonds pursuant to the Original Bond Indenture and the Original
Loan Agreement, the Issuer's Certificate as to Arbitrage may be in the form of an amendment,
modification or supplement to any certifications made by the County in connection with the
issuance of the 2020A Bonds.
( c) The County recognizes its obligation to set forth in the Issuer's Certificate as to
Arbitrage its reasonable expectations as to relevant facts, estimates and circumstances relating to
the use of the proceeds of the sale of the Bonds (which may be based on representations of the
Maryland Obligated Group), or of any moneys, securities or other obligations on deposit to the
credit of any funds created and established by the Documents which may be deemed to be proceeds
of the sale of the Bonds pursuant to Section 148 or the Arbitrage Regulations (collectively, "Bond
Proceeds"), in order that correct legal conclusions can be reached regarding the effect of such
facts, estimates and circumstances. Accordingly, the County covenants that (i) the facts, estimates
and circumstances set forth in the Issuer's Certificate as to Arbitrage will be based on the County's
reasonable expectations on the date of issuance of the Bonds (to the extent applicable, based on
representations of the Maryland Obligated Group) and will be, to the best of the certifying officer's
or officers' knowledge, true and correct as of that date and (ii) the certifying officer or officers will
certify that he, she or they are not aware of any facts or circumstances that would cause him, her
or them to question the accuracy of the representations made by the Maryland Obligated Group.
(d) The County covenants that it will not make, or (to the extent it exercises control or
direction) permit to be made, any use of the Bond Proceeds that would cause the Bonds to be
"arbitrage bonds" within the meaning of Section 148 and the Arbitrage Regulations. The County
further covenants that it will comply with those provisions of Section 148 and the Arbitrage
Regulations that are applicable to the Bonds on the date of issuance of any Bonds and that may
subsequently lawfully be made applicable to the Bonds.
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( e) Any one or more of the President, the Vice President and the Chief Financial
Officer is hereby authorized and empowered to approve and execute such supporting documents,
additional certificates or instruments or information returns (including (without limitation), to the
extent applicable, any amendments, modifications or supplements to any supporting documents,
additional certificates or instruments or information returns executed on behalf of the County in
connection with the issuance of the 2020A Bonds) as may be required or permitted under the
Code and the Arbitrage Regulations and to make any designations, determinations or elections
provided for under the Code or the Arbitrage Regulations on behalf of the County, which
designations, determinations or elections may be reflected in the Issuer's Certificate as to
Arbitrage or other appropriate documentation.
Section 10. The County may, from time to time and at any time, with such consent of
the trustee, the paying agent or the escrow agent for the holder(s) of the Bonds or the holder(s) of
the Bonds, as applicable, as may be required pursuant to the Documents, adopt resolutions, as
appropriate under the Act, supplemental to this Resolution for the purpose of modifying, altering,
amending, adding to or rescinding any of the terms or provisions contained in this Resolution, the
Bonds or the Documents. Alternatively, before or after the issuance of the Bonds of any series,
regardless of the date on which such Bonds are issued, the President is hereby authorized and
empowered, by executive order or otherwise, to approve on behalf of the County any amendments,
modifications or supplements to the Bonds or the Documents, or negotiate, approve, execute and
deliver any additional documents, certificates or instruments deemed necessary or desirable to
consummate or effect the transactions contemplated by this Resolution, the Bonds or the
Documents or to provide for the same. In addition, if in the judgment of the President, the County
Administrator or the Chief Financial Officer, the interests of the County shall not be adversely
affected thereby, the President, the County Administrator or the Chief Financial Officer, on behalf
of the County, from time to time or at any time following the initial issuance of any series of the
Bonds, may give any consent or approval, take any action, make any determination, demand or
request, or give any notice, direction or other communication provided for on the part of the County
in the Bonds or the Documents. All of the foregoing shall be subject to any approval of the Board
and/or the President as may be required pursuant to federal tax law.
Section 11. The Bonds may not give rise to any pecuniary liability of the County. No
covenant or agreement contained in this Resolution, the Bonds, the Documents or any other
document, instrument or certificate executed, sealed or delivered in connection with the
consummation of the transactions contemplated by this Resolution shall be deemed to be a
covenant or agreement of any official, agent or employee of the County in his or her individual
capacity; and none of the President, the Vice President, the members of the Board, the County
Administrator, the Chief Financial Officer, the County Clerk nor any official, agent or employee
of the County executing the Bonds, the Documents or any of the aforesaid documents, instruments
or certificates shall be subject to any personal liability or accountability by reason of the
authorization, issuance, execution, sealing, acknowledgment or delivery of the same. Pursuant to
the Act, the County will have no obligation under the Act, the Bonds or the Documents to use
County funds to pay debt service on or to prepay or redeem the Bonds, or to pay any other costs
incurred in connection with the enforcement of remedies, whether or not the Maryland Obligated
Group is in default with respect to its obligations under the Bonds or the Documents.
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Section 12. The President, the County Administrator and the Chief Financial Officer
are each hereby designated to be an authorized representative of the County for any and all
purposes required or permitted by the Act, this Resolution or the Documents.
Section 13. The President is hereby authorized, empowered and directed to accept the
Letter of Intent, on behalf of the County, in order to further evidence the intention of the County
to issue and sell the Bonds in accordance with the terms and provisions of the Act, this Resolution
and the Letter of Intent.
Section 14. (a) This Resolution is intended to be, and shall constitute, evidence of
the present intention of the County to issue and deliver the Bonds in accordance with the terms
and provisions hereof, for the purpose of facilitating the refinancing by the Maryland Obligated
Group of the costs of acquisition and improvement of the Prior Bonds Facilities. Notwithstanding
the foregoing, nothing in this Resolution shall be deemed to constitute (i) an undertaking by the
County to expend any of its funds ( other than the proceeds from the sale of the Bonds, revenues
derived from any Loan repayments made to the County on account of the Loan, and any other
moneys made available to the County for such purpose) to effect the transactions described herein
or (ii) an assurance by the County as to the availability of one or more ready, willing and able
purchasers for the Bonds or as to the availability of one or more purchasers of the Bonds to whom
the Bonds may lawfully be sold under, among others, applicable federal and state securities and
legal investment laws. Notwithstanding any references in this Resolution to the Bonds being
payable from loan repayments made to the County, it is intended that the Maryland Obligated
Group will make debt service payments directly to the holders of the Bonds or to a trustee, a paying
agent or an escrow agent acting on behalf of the holder(s) of the Bonds.
(b) The County and the Maryland Obligated Group contemplate that the Maryland
Obligated Group may proceed with activities relating to the Refunding Project upon the adoption
of this Resolution and prior to the issuance, sale and delivery of the Bonds; provided, however,
that if the Maryland Obligated Group so proceeds prior to the determinations of the President as
provided for in Section 5(a) of this Resolution, it does so at its own risk.
( c) The County hereby reserves the right, in its sole and absolute discretion, to take any
actions deemed necessary by the County to ensure that the County (i) complies with present federal
and State laws and any pending or future federal or State legislation, whether proposed or enacted,
which may affect or restrict the issuance of its bonds and other obligations, and (ii) issues its bonds
or other obligations within the limits imposed by such present laws or any such pending or future
legislation or any future local laws, to finance or refinance the costs of those facilities which the
County determines, in its sole and absolute discretion, will provide the greatest benefit to the
residents of the County and the State. In particular, the County reserves the right to choose to issue
its bonds or other obligations (within the meaning of the Act and any present or future State or
local laws) for facilities other than the Prior Bonds Facilities, and in such order of priority as it
may determine in its sole and absolute discretion. Pursuant to the provisions of this Section 14,
the County reserves the right in its sole and absolute discretion, to, among other things, (1) never
issue any Bonds, (2) issue only a portion of the original aggregate principal amount of the Bonds
requested by the Maryland Obligated Group, (3) restrict the use of the proceeds of the Bonds, (4)
delay indefinitely the issuance of the Bonds, or (5) take any other actions deemed necessary by the
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County, in its sole discretion, to determine that the County (as a public body within the meaning
of the Act) achieves the goals set forth in the Act and in this Resolution.
Section 15. Prior to the adoption of this Resolution, a public hearing on the proposed
refinancing of the costs of acquisition and improvement of the Prior Bonds Facilities and other
costs permitted by Section 12-1 lO(b) of the Act and the issuance of the Bonds in connection
therewith was held before the Board in accordance with law and Section 147(£) of the Code. The
Board hereby ratifies, approves and confirms the publication on behalf of the County of the notice
of that public hearing that was given in accordance with law and Section 147(£) of the Code. As
the "applicable elected representative" of the County within the meaning of Section 147(£) of the
Code and the regulations promulgated thereunder, the Board, after giving due consideration to the
sustainability of jobs, the potential for increased economic development activities, and the health,
safety and welfare of residents of the County and the State to be achieved through the issuance of
the Bonds, hereby approves the issuance of the Bonds and the use of the proceeds of the Bonds to
finance costs of the Refunding Project for the purposes of Section 147(£) of the Code by adoption
of this Resolution.
Section 16. Unless previously exercised, the authority to issue the Bonds contained in
this Resolution shall expire on the date that is one (1) year from the effective date of this
Resolution, unless such authority shall have been extended by a resolution supplemental hereto.
Section 17. The provisions of this Resolution shall be liberally construed in order to
effectuate the transactions contemplated by this Resolution.
Section 18. Notwithstanding any references in this Resolution to manual or facsimile
signatures of County officials or other parties, to the extent that applicable law, orders, regulations or
other authority allow for signatures to be made by facsimile, electronic or other means, whether due
to the impacts of the COVID-19 pandemic or for other applicable reasons, the provisions of such
applicable law, orders, regulations or other authority allowing signatures to be made in a manner other
than manually shall be deemed to supersede the provisions of this Resolution.
Section 19. The provisions of this Resolution are severable, and if any provision,
sentence, clause, section or part hereof is held or determined to be illegal, invalid, unconstitutional
or inapplicable to any person or circumstance, such illegality, invalidity, 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
hereby declared to be the intent of the County that this Resolution would have been adopted if
such illegal, invalid, unconstitutional or inapplicable 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, provided however,
notwithstanding anything contained in this Section, neither the faith and credit nor the taxing
power of the County shall be deemed pledged hereby, and the County shall not hereby incur any
indebtedness or charge against the general credit or taxing powers of the County, within the
meaning of any constitutional or charter provision or statutory limitation, and the transactions
authorized hereby shall not give rise to any pecuniary liability of the County.
-16 -
Section 20. This Resolution shall take effect from the date of its adoption. Pursuant to
Section 12-111 ( e) of the Act, this Resolution is administrative in nature, is not subject to
procedures required for legislative acts and is not subject to referendum.
Adopted this day of , 2021. -----------------
(SEAL)
ATTEST:
Krista L. Hart
County Clerk
Approved as to form and legal sufficiency :
Kirk C. Do\\,'Iley
County Attorney
#22263850052.046
COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
By: -------------Jeffrey A. Cline
President, Board of County
Commissioners of Washington County
Mail to:
Office of the County Attorney
100 W. Washington Street, Suite 1101
Hagerstown, MD 21740
-17 -
EXHIBIT A
LETTER OF INTENT
[See Attached}
HOMEWOOD AT WILLIAMSPORT
MD,INC.
16505 VIRGINIA A VENUE
WILLIAMSPORT, MARYLAND 21795
HOMEWOOD AT FREDERICK MD, INC.
7407 WILLOW ROAD
FREDERICK, MARYLAND 21702
June 25, 2021
County Commissioners of Washington County
100 W. Washington Street, Suite 1101
Hagerstown, Maryland 21740
Through: John M. Martirano, County Administrator
Re: Proposed Refunding Bonds for the Homewood at Williamsport and Homewood at
Frederick Continuing Care Retirement Communities
Ladies and Gentlemen:
Homewood at Williamsport MD, Inc. ("Homewood Williamsport") and Homewood at
Frederick MD, Inc. ("Homewood Frederick" and, collectively with Homewood Williamsport, the
"Maryland Obligated Group"), respectfully request that County Commissioners of Washington
County, a body politic and corporate, a political subdivision of the State of Maryland (the "State"),
and a "public body" within the meaning of the Act identified below (the "County"), participate in
the refinancing of the acquisition and "improvement" (within the meaning of the Act) by the
Maryland Obligated Group of certain "facilities" (within the meaning of the Act) identified below,
by authorizing, selling and issuing its economic development revenue bond or bonds in one or
more series from time to time in an original aggregate principal amount not to exceed Sixty Million
Dollars ($60,000,000.00) (the "Bonds"). References to the Bonds in this letter of intent shall be
construed to refer to the issuance of any bonds, notes or other evidences of obligation, in whatever
form and by whatever name known, as permitted by the Act. The Bonds may be tax-exempt and/or
taxable for federal income tax purposes. Any such series of the Bonds may consist of a single
bond. Any bond may be issued in installment form and/or draw-down form. The Bonds will be
issued pursuant to the provisions of the Maryland Economic Development Revenue Bond Act,
Sections 12-101 to 12-118, inclusive, of the Economic Development Article of the Annotated Code
of Maryland, as replaced, supplemented or amended (the "Act"), or such other statutory authority
as may exist when the Bonds are issued. It is intended that this letter, if accepted by the County,
shall constitute a "letter of intent" as contemplated by the Act.
The Act empowers, among other public bodies, all the counties and municipal corporations
of the State of Maryland (the "State") to borrow money by issuing negotiable revenue "bonds" (as
defined in the Act) and to loan the proceeds of the sale thereof to a "facility user" (as defined in
the Act) to "finance", among other activities, the acquisition and "improvement" of any "facility"
Page2
( each as defined in the Act). The Maryland Obligated Group is a "facility applicant" and a "facility
user" within the meaning of the Act. The Prior Bonds Facilities identified herein each constitute
a "facility" as defined in the Act. As defined in the Act, "finance" includes "refinance", and
references in this letter of intent to "finance" and similar words shall be deemed to include
references to "reimburse" or "refinance" and similar words. The Act provides that bonds may be
issued pursuant to the provisions thereof to refund other bonds. Any terms which are used in this
letter of intent and also defined in the Act are intended to have the meanings given to such terms
in the Act, unless otherwise expressly provided herein.
The proposed undertaking consists of and includes (1) refunding in part the outstanding
County Commissioners of Washington County Economic Development Refunding Revenue
Bonds (Homewood Maryland Obligated Group Project) Series 2020A that was issued as a single
bond in the original principal amount of $10 I, 718,252 (the "2020A Bonds"); (2) funding any
necessary reserves for the Bonds; and (3) financing or reimbursing costs of issuance of the Bonds
and other costs permitted by Section 12-1 IO(b) of the Act (the undertakings referred to in clauses
(1)-(3) being referred to collectively as the "Refunding Project"). By undertaking the Refunding
Project, the Maryland Obligated Group will be effecting the refinancing of the acquisition and
improvement of the Prior Bonds Facilities identified below and the financing of other costs
permitted by the Act.
Proceeds of the 2020A Bonds were applied for the purposes of (1) refunding in whole the
then-outstanding (a) Washington County, Maryland Variable Rate Demand Revenue Bonds
(Homewood at Williamsport Facility) Series 2007 issued in the original aggregate principal
amount of $12,000,000 (the "2007 Bonds"), (b) County Commissioners of Washington County
Variable Rate Demand Revenue Bonds (Homewood at Williamsport Facility), Series 2011 issued
in the original aggregate principal amount of $9,425,000 (the "2011 Bonds"), (c) Frederick
County, Maryland Variable Rate Demand/Fixed Rate Revenue Bonds (Homewood at Frederick
MD, Inc. Facility) 1997 Issue issued in the original aggregate principal amount of $20,450,000
(the "1997 Bonds"), and (d)Frederick County, Maryland Retirement Facilities Mortgage Revenue
Bond (Homewood at Willow Ponds Facility) 2014 Issue issued in the original principal amount of
$86,000,000 (the "2014 Bond" and, collectively with the 2007 Bonds, the 2011 Bonds and the
1997 Bonds, the "Prior Bonds"); and (2) financing or reimbursing costs of issuance of the 2020A
Bonds and any other costs related to the 2020A Bonds that were permitted by the Act.
Proceeds of the 2007 Bonds were applied to finance, reimburse or refinance (1) the
demolition of a portion of the existing nursing home located on the approximately 29 acre parcel
of land on the Williamsport Campus and site work; (2) the acquisition and construction of an
approximately 72,000 square foot building located on the Williamsport Campus and other campus
improvements; (3) the acquisition and installation of necessary and useful equipment, machinery,
furnishings and fixtures in connection with the foregoing; (4) the acquisition of other
improvements or interests in land as were necessary or useful for the foregoing; and (5) costs of
issuance, capitalized interest and other costs permitted by the Act.
Proceeds of the 2011 Bonds were applied to finance, reimburse or refinance (1) the
renovation of the remaining portion of the previous nursing facility (health care center) located on
the Williamsport Campus, including (without limitation) asbestos removal and gutting of the
interior, to create approximately 35 new apartments containing approximately 67,960 aggregate
Page 3
square feet; (2) the remodeling of the exterior of the building; (3) the acquisition and installation
of necessary and useful equipment, machinery, furnishings and fixtures in connection with the
foregoing; and (4) costs of issuance, capitalized interest and other costs permitted by the Act.
Proceeds of the 1997 Bonds were applied to finance, reimburse or refinance (1) the
acquisition, construction and improvement of the retirement care community on the Frederick
Campus consisting of (a) a 120-bed skilled nursing facility containing approximately 63,300
square feet, (b) a 31-bed assisted living facility containing approximately 18,200 square feet, ( c)
122 apartments containing approximately 141,600 square feet, and (d) related support elements;
and (2) costs of issuance, capitalized interest and other costs permitted by the Act.
Proceeds of the 2014 Bond were applied to finance, reimburse or refinance (1) the
acquisition and improvement on the Frederick Campus of (a) infrastructure, grading, road and site
improvements, (b) approximately 100 cottages, (c) an 85-unit apartment facility containing
approximately 169,435 square feet, (d) a community center containing approximately 54,932
square feet, (e) an underground parking garage containing approximately 52,967 square feet, and
(f) necessary and useful equipment, machinery, furnishings and fixtures in connection with the
foregoing; (2) other improvements or interests in land necessary or useful for the foregoing; and
(3) costs of issuance, capitalized interest and other costs permitted by the Act.
The Prior Bonds Facilities consist of and include (1) the facilities and improvements (the
"Prior Bonds Williamsport Facilities") the costs of which were financed, reimbursed or refinanced
from proceeds of the 2007 Bonds and the 2011 Bonds, which are part of a continuing care
retirement community known as Homewood at Williamsport that is located at 16505 Virginia
Avenue, Williamsport, Maryland 21795 (the "Williamsport Campus"), and (2) the facilities and
improvements (the "Prior Bonds Frederick Facilities") the costs of which were financed,
reimbursed or refinanced from proceeds of the 1997 Bonds and the 2014 Bond, which are part of
a continuing care retirement community known as Homewood at Frederick that is located at 7407
Willow Road, Frederick, Maryland 21702 (the "Frederick Campus"). The Prior Bonds
Williamsport Facilities and the Prior Bonds Frederick Facilities are collectively referred to in this
letter of intent as the "Prior Bonds Facilities".
Concurrently with the issuance of the 2020A Bonds, the County issued its County
Commissioners of Washington County Economic Development Revenue Bonds (Homewood
Maryland Obligated Group Project) Series 2020B as a single bond in the original principal amount
of $45,000,000 (the "2020B Bonds"); proceeds of the 2020B Bonds were loaned by the County to
the Maryland Obligated Group. Proceeds of the 2020B Bonds were and are being applied to (1)
finance, reimburse or refinance the costs of the acquisition, improvement, renovation and
equipping of existing and additional facilities (within the meaning of the Act) located on the
Williamsport Campus and the Frederick Campus and related costs permitted by the Act and the
authorizations pertaining to the 2020B Bonds, and (2) finance or reimburse costs of issuance of the
2020B Bonds and any other costs related to the 2020B Bonds that were permitted by the Act. The
Maryland Obligated Group is not pursuing a refunding of any portion of the 2020B Bonds at this
time.
The 2020A Bonds were issued pursuant to a Bond Trust Indenture dated as of November 1,
2020 (the "Original Bond Indenture") between the County and Manufacturers and Traders Trust
Page4
Company, as Trustee. The County loaned the proceeds of the 2020A Bonds to the Maryland
Obligated Group pursuant to a Loan Agreement dated as of November 1, 2020 (the "Original Loan
Agreement").
The 2020A Bonds and the 2020B Bonds were issued on a parity basis, except to the extent
otherwise provided under the Original Bond Indenture and the Original Loan Agreement and any
other documents relating to the issuance of the 2020A Bonds and/or the 2020B Bonds, and constitute
"Bonds" for purposes of the Original Bond Indenture, the Original Loan Agreement and related bond
documents. The Original Bond Indenture and the Original Loan Agreement allow for the issuance of
"Additional Bonds" (as defined in the Original Loan Agreement) pursuant to the terms and conditions
thereof for any purpose permitted by the Act (including refunding purposes). Any such series of
Additional Bonds will be issued on a parity basis with any Bonds (as such term is defined in the
Original Loan Agreement) then-outstanding under the Original Bond Indenture and the Original Loan
Agreement, as the same may be amended, supplemented or restated, except to the extent provided in
the applicable bond documents. It is contemplated that the Bonds that are the subject of this letter of
intent will be issued as such Additional Bonds unless the County and the Maryland Obligated Group
otherwise agree in accordance with the provisions of the Act. All Bonds (as defined in the Original
Loan Agreement, which includes Additional Bonds) issued under the provisions of the Original Bond
Indenture and the Original Loan Agreement, as the same may be amended, supplemented or restated,
are secured by interests in all facilities and improvements located on the Williamsport Campus and
the Frederick Campus, including (but not limited to) the Prior Bonds Williamsport Facilities and the
Prior Bonds Frederick Facilities.
The Prior Bonds Williamsport Facilities are and will be initially owned and operated by
Homewood Williamsport and located within the corporate boundaries of the County. The Prior
Bonds Williamsport Facilities are and will be used by Homewood Williamsport in its capacity as
a 50l(c)(3) organization, within the meaning of Section 150(a)(4) of the Internal Revenue Code
of 1986, as amended (the "Code"), for tax-exempt purposes in its activities of owning and
operating continuing care retirement communities and related amenities.
The Prior Bonds Frederick Facilities are and will be initially owned and operated by
Homewood Frederick and located within the corporate boundaries of Frederick County, Maryland
("Frederick County"). The Prior Bonds Frederick Facilities are and will be used by Homewood
Frederick in its capacity as a 50l(c)(3) organization, within the meaning of Section 150(a)(4) of
the Code, for tax-exempt purposes in its activities of owning and operating continuing care
retirement communities and related amenities.
The Act does not require that bonds issued pursuant to the Act be applied to finance the
acquisition and improvement of facilities located solely within the issuer's jurisdiction.
Homewood Retirement Centers, Inc. (previously known as Homewood Retirement Centers of the
United Church of Christ, Inc. and referred to herein as "HRC") was a co-borrower with certain
related entities of proceeds of the Prior Bonds. In connection with the issuance of the 2020A
Bonds, HRC created an obligated group structure in the states where its affiliates operate.
Homewood Williamsport and Homewood Frederick formed the Maryland Obligated Group. HRC,
the parent company of the Maryland Obligated Group members, is located in the County and
provides management oversight for all HRC subsidiaries (including those located in
Pennsylvania), including centralized payroll, billing, purchasing, accounts payable, human
Page 5
resources, regulatory and accounting. Because HRC and the Williamsport Campus are located in
the County, the Maryland Obligated Group is requesting that the County issue the Bonds for
purposes of the Refunding Project.
The Maryland Obligated Group proposes that the County lend the proceeds of the sale of
the Bonds (referred to herein as the "Loan") to the Maryland Obligated Group under one or more
loan agreements (by whatever name known, including (without limitation) a loan and financing
agreement or a similar agreement, and including (without limitation) any amendment or
supplement to or restatement of the Original Loan Agreement being referred to collectively herein
as the "Loan Agreement"). The Loan Agreement will require the Maryland Obligated Group to,
among other matters, (1) use the proceeds of the Loan for the sole and exclusive purpose of
refinancing and financing costs of the Refunding Project, (2) make Loan payments (both principal
and interest) sufficient to pay the principal of and interest and redemption or prepayment premium,
if any, on the Bonds, as the same become due and payable, (3) pay all expenses incurred by the
County in connection with the sale and issuance of the Bonds and the making and administration
of the Loan, as the same become due and payable, and (4) indemnify the County for any liabilities
of the County relating to the Bonds and the transactions contemplated by the Loan Agreement.
The Loan Agreement and any corresponding master trust indenture, trust indenture, supplemental
trust indenture or similar agreement (including (without limitation) any amendment or supplement
to or restatement of the Original Bond Indenture) and any other documents providing security for
the Bonds (including any appropriate amendments or supplements to or restatements of other
documents securing the 2020A Bonds remaining outstanding), will contain such other provisions
as may be required by law and as may be agreed to by the Maryland Obligated Group, the County,
any trustee, bond registrar, paying agent or escrow agent for the Bonds and the purchaser(s) of the
Bonds, as applicable, as permitted by law. It is anticipated that a single series of the Bonds will
be sold in a private placement transaction, but the final determination of the issuance of the Bonds
in one or more series and the method of sale of any such series will be made prior to the applicable
closing.
The Bonds shall be limited obligations of the County, the principal of, premium, if any,
and interest on which shall be payable solely from the revenue derived from Loan repayments
(both principal and interest) payable by the Maryland Obligated Group pursuant to the terms and
provisions of the Loan Agreement or other money made available to the County for such purpose.
The Maryland Obligated Group understands that the Bonds and the interest thereon (1) shall be
limited obligations of the County, (2) are not debts or charges against the general credit or taxing
power of the County within the meaning of any constitutional or charter provision or statutory
limitation, and (3) may not give rise to any pecuniary liability of the County. The Bonds are not
a debt to which the faith and credit of the County or any other public body is pledged.
The purpose of the Refunding Project is to fix the debt service component of annual
operating costs. The portion of the 2020A Bonds anticipated to be refunded bears interest at a
variable rate that was not hedged through an interest rate swap transaction by the Maryland
Obligated Group at the time of issuance of the 2020A Bonds. If the Bonds are issued as fixed rate
bonds as anticipated, budgetary uncertainty will be eliminated due to the locking-in of fixed
interest rates.
Page6
The Maryland Obligated Group believes that the sale, issuance and delivery of the Bonds
by the County and the attendant refinancing of costs of the acquisition and improvement of that
portion of the costs of the Prior Bonds Facilities refinanced from proceeds of the 2020A Bonds,
will (1) enhance the senior care provided by the Maryland Obligated Group to the residents of the
Williamsport Campus and the Frederick Campus, and (2) permit the Maryland Obligated Group
to maintain its current resident census and professional and other staff and, accordingly, will
generally promote the declared legislative purposes of the Act by (i) sustaining jobs and
employment by the retention of a significant number of jobs, thus relieving conditions of
unemployment in the County and the State; (ii) assisting in the retention of existing industry and
commerce and in the attraction of new industry and commerce in the County and the State; (iii)
promoting economic development in the County and the State; and (iv) generally promoting the
health, welfare and safety of the residents of the County and the State.
Financial considerations have been a factor leading to the Maryland Obligated Group's
intention to refinance the costs of acquisition and improvement of the Prior Bonds Facilities. The
Maryland Obligated Group has investigated the availability and feasibility of conventional
financing for the Refunding Project. The Maryland Obligated Group has received a purchase
contract for the sale of the Bonds through a private placement. Even if the Maryland Obligated
Group does not close on a financing pursuant to the purchase contract it has received, the Maryland
Obligated Group has been advised by its financial advisor that it can receive terms more favorable
than those available through conventional financing by pursuing a transaction in the nature of the
proposed Bonds. The decision of the Maryland Obligated Group to refinance costs of the
acquisition and improvement of the Facilities has been materially influenced by the availability of
economic development revenue bond financing from the County under the Act or other applicable
law.
The Maryland Obligated Group intends that the interest payable on the Bonds shall be
excludable from the gross income of the owners of the Bonds for purposes of federal income
taxation pursuant to Section 103 of the Code. Notwithstanding such intention, the Maryland
Obligated Group understands that the ability of the County fo issue the Bonds on such a tax-exempt
basis is subject to prior actions or inactions of the Maryland Obligated Group with respect to the
2020A Bonds and the Prior Bonds Facilities, the expectations of the Maryland Obligated Group
with respect to the use of the proceeds of the Bonds and the enactment of federal legislation that
may limit the ability of the County to issue the Bonds on such a tax-exempt basis.
It is further understood and agreed to by the Maryland Obligated Group that the proposal
contained herein is subject to: (a) a public hearing to be held by the County following prior
published notice in a newspaper of general circulation in Washington County; (b) the approval and
appropriate action by the Board of County Commissioners of the County (the "Board") and the
President of the Board of County Commissioners of the County (the "President"), as applicable;
and ( c) the approval of the detailed provisions of all documents pertaining to the Refunding Project
as yet to be developed, including (without limitation) the Loan Agreement. The issuance of any
Bonds for the components of the Refunding Project allocable to the Frederick Campus is further
subject to (a) a public hearing held or to be held by the applicable elected representative of
Frederick County (within the meaning of Section 1.147(±)-1 of the regulations promulgated under
the Code), and (b) the approval and appropriate action by the applicable elected representative of
Page7
Frederick County. The acceptance of this letter of intent by the County shall be evidence of the
bona fide present intention, but not the commitment, of the County to authorize the sale, issuance
and delivery of the Bonds and to authorize the Loan for the purposes described herein; provided,
however, that the Maryland Obligated Group recognizes that:
1. The County cannot make any guarantee, promise or assurance that the terms
and conditions of the Bonds (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 and place or places that the
Bonds are to be executed, issued and delivered, the redemption or prepayment provisions for the
Bonds, 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 Maryland Obligated Group;
2. The County can give no guarantee, promise or assurance as to the
availability of ready, willing and able purchasers of the Bonds or as to the availability of one or
more purchasers of the Bonds to whom the Bonds may lawfully be sold under, among others,
applicable federal and state securities and legal investment laws;
3. The ability of the County to issue any Bonds as tax-exempt obligations
depends in large measure upon prior and prospective compliance by the Maryland Obligated
Group with applicable provisions of the Code and the regulations promulgated thereunder, and
such provisions may be changed without the County's knowledge or consent and, therefore, the
County can give no assurance and makes no representation that the Bonds, if issued, or the income
therefrom, will be tax-exempt; and
4. The County makes no representation and offers no op1mon on the
appropriateness of having the Bonds issued to refinance and finance costs of the Refunding Project
in lieu of other financing alternatives or as to any benefit to the Maryland Obligated Group
resulting from the issuance of the Bonds.
Prior to the issuance of any of the Bonds, in accordance with the Act, the Board must adopt
a resolution specifying and determining, or authorizing the appropriate County official to specify
or determine, the proposed undertaking, the amount of the Bonds to be issued, the rate or rates of
interest the Bonds are to bear (or the method of determining such rate or rates), and such other
provisions not inconsistent with the Act as shall be determined to be necessary or desirable to
effect the refinancing and financing of costs of the Refunding Project, including (without
limitation) the time that the Bonds are to be executed, issued and delivered, the principal amount
of the Bonds to be issued, the form, tenor and denominations of the Bonds, the times and place or
places of payment of the principal of and interest on the Bonds and the amounts payable at such
times. References to the Bonds in this paragraph shall be construed to mean any series of the
Bonds.
The Board's adoption of any such bond authorizing resolution providing for the sale and
issuance of the Bonds and its acceptance of this letter of intent are intended solely to implement
the Refunding Project contemplated hereby. The acceptance of this letter of intent, the adoption
by the Board of an authorizing resolution and any other approvals of one or more County officials
Page 8
given in accordance with the provisions of the Act shall not constitute any assurance by the County
that (a) the Maryland Obligated Group will have the ability to make payments sufficient to provide
for the repayment of the Bonds, (b) the Prior Bonds Facilities are or will continue to be feasible,
economically or otherwise, or ( c) the Prior Bonds Facilities are and will continue to be in
compliance with applicable State, local or federal laws, nor shall it in any way indicate the approval
of, or constitute any commitment for approval by, the County or any of its officials, officers or
employees of any currently proposed or future subdivision plat, license, permit, application or any
other request to the County, if any, with respect to any currently contemplated or future zoning,
land use, design, construction, development or other matters relating to the facilities and
improvements located on the Williamsport Campus or the Frederick Campus, or the operation of
the facilities and improvements located on the Williamsport Campus and the Frederick Campus.
The Maryland Obligated Group hereby agrees that the County will not incur any liability,
direct or indirect, or any cost, direct or indirect, in connection with the authorization, sale and
issuance of the Bonds, the making of the Loan, and the refinancing of costs of the acquisition and
improvement of the Prior Bonds Facilities; accordingly, the Maryland Obligated Group shall (a)
negotiate and approve all refinancing and financing arrangements in connection with the
Refunding Project, and (b) to the extent proceeds of the Bonds are not available to pay the costs
referred to in clause (a), pay all costs incurred by or on behalf of the County in connection with
the authorization, sale and issuance of the Bonds, the making of the Loan, including the
administration thereof, and the refinancing and financing of costs of the Refunding Project,
including (without limitation) all costs incurred in connection with the development of the
appropriate legal documents necessary to effectuate the proposed Refunding Project, including
(without limitation) the fees and expenses of bond counsel and issuer's counsel, 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,
including, without limitation, any trustee, bond registrar or paying agent for the Bonds and any
escrow agent or verification consultant, whether or not any Bonds are issued or the proposed
Refunding Project is consummated. The County shall have no liability or responsibility for the
payment of any such fees and expenses. The Maryland Obligated Group further acknowledges
and agrees that the County shall have no responsibility or liability for any costs incurred by
Frederick County in connection with the transactions contemplated by this letter of intent,
including (without limitation) fees or expenses incurred by professionals retained by Frederick
County.
The Maryland Obligated Group hereby agrees to indemnify and hold harmless the County
and all of its officials, officers, employees, agents and representatives from any and all claims,
damages, expenses, fees and costs of any nature whatsoever in connection with the refinancing or
financing of costs of the Refunding Project and the issuance of any Bonds.
The Maryland Obligated Group agrees to pay to the County an issuer's fee of $25,000.00.
Nothing contained in this letter of intent shall be deemed to constitute an undertaking by
the County to expend any of its funds to effect any or all of the transactions contemplated by this
letter of intent. The Maryland Obligated Group understands, acknowledges and agrees that,
pursuant to the Act, the County has no obligation under the Act and will have no obligation under
any documents relating to the Bonds, if issued, to use County funds to pay debt service on or to
Page9
prepay or redeem the Bonds, or to pay any other costs incurred in connection with the enforcement
of remedies, whether or not the Maryland Obligated Group is in default with respect to its
obligations under the Bonds or such documents.
While any acceptance by the County of this letter of intent will evidence the County's
present intention to issue the Bonds, the Maryland Obligated Group hereby acknowledges that the
County reserves the right, in its sole and absolute discretion, to take any actions it deems necessary
in order to ensure that it: (a) complies with present federal and State laws and any pending or future
federal or State legislation, whether proposed or enacted, which may affect or restrict the issuance
of its bonds, and (b) issues its bonds within the limits imposed by such present laws or any such
pending or future legislation or any future local laws, to refinance or finance the acquisition and
improvement of those facilities that the County determines, in its sole and absolute discretion, will
provide the greatest benefit to the residents of the County and the State. In particular, the County
reserves the right to choose to issue its bonds (within the meaning of the Act and any present or
future State or local laws) for facilities other than the Prior Bonds Facilities, and in such order of
priority as it may determine in its sole and absolute discretion. Accordingly, if the Maryland
Obligated Group proceeds with the Refunding Project before the County finally determines to
issue the Bonds, the Maryland Obligated Group does so at its own risk.
The Maryland Obligated Group agrees to use its best efforts to complete the Refunding
Project contemplated by this letter of intent.
If at any time the Maryland Obligated Group decides not to proceed with the Refunding
Project, it will promptly notify the County Administrator in writing of such determination, stating
the reasons therefor.
To the extent any series of the Bonds is to be issued as tax-exempt bonds for purposes of
the Code, the Maryland Obligated Group agrees that all certifications (including opinions of the
Maryland Obligated Group's counsel) required by bond counsel for the transaction will be
provided in order to establish that interest on the Bonds will be exempt from federal income
taxation (including certifications enabling the County to certify that such Bonds are not arbitrage
bonds).
The Maryland Obligated Group expects that the Bonds will be issued within one (1) year
of the date of adoption by the Board of any authorizing resolution, and acknowledges that if the
Bonds are not so issued by the applicable one year date, any authorizing resolution will expire by
its terms unless extended by the County by supplemental resolution, which decision as to the
granting or denial of such extension shall be in the sole and absolute discretion of the Board.
The Maryland Obligated Group understands that any series of the Bonds will not be
"qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code.
The Maryland Obligated Group accepts and understands that by execution of this letter of
intent, the County has accepted, (i) the designation of the firm of Miles & Stockbridge P.C. as (A)
bond counsel to render customary approving and tax opinions relating to the Bonds and (B) counsel
Page 10
to the Maryland Obligated Group, and (ii) the designation of the firm of Funk & Bolton, P .A. as
issuer's counsel.
The obligations of the Maryland Obligated Group under this letter of intent shall be joint
and several with respect to the members of the Maryland Obligated Group.
This letter of intent may be executed in counterparts and counterpart signature pages of
this letter of intent may be circulated by facsimile transmission and/or e-mail; any such
counterparts circulated in such manner shall be treated as originals for all purposes.
The Maryland Obligated Group gratefully acknowledges the County's participation in the
proposed transaction to date, including the County's agreement to hold a public hearing regarding
the proposed issuance of the Bonds and the publication of notice of such public hearing.
[SIGNATURES BEGIN ON FOLLOWING PAGE]
#2 J 6346;50052 .043
Page 11
Thank you in advance for your consideration.
HOMEWOOD AT WILLIAMSPORT MD,
INC.
By,CkJ P~
Richard P. Miller
President
(Authorized Signatory)
Very truly yours,
HOMEWOOD AT FREDERICK MD, INC.
By: (1.J f.~
Richard P. Miller
President
(Authorized Signatory)
[CONTINUED ON FOLLOWING PAGE]
Page 12
Accepted by the President of the Board of County Commissioners of Washington County
this _________ day of __________ _, 2021, pursuant to a
Resolution passed by the Board of County Commissioners of Washington County on
2021. -----------~
COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
By: _____________ _
Jeffrey A. Cline
President of the Board of County
Commissioners
Open Session Item
SUBJECT: 2021 Housing Bond Allocation Transfer
PRESENTATION DATE: July 13, 2021
PRESENTATION BY: Jill Baker, Director, Department of Planning and Zoning
RECOMMENDED MOTION: Move to approve the transfer of Washington County’s 2021
Housing Bond Allocation in the amount of $5,810,651.00 to the Community Development
Administration for use in issuing housing bonds on behalf of Washington County.
REPORT-IN-BRIEF: Each year the State of Maryland invites local governments to partner in
a statewide bond pool for first time homebuyers. The pool allows counties to transfer their
housing bond allocation to the State to issue bonds to fund housing programs. Washington
County has traditionally used this allocation to participate in the Maryland Mortgage Program
(MMP).
DISCUSSION: Washington County has been transferring its housing bond allocation to the
Community Development Administration (CDA) annually since at least 2007. The maximum
allowable acquisition costs for the MMP in FY 18-20 were $271,165 and $331,423 in targeted
areas. Income limits for MMP participants in FY 18-20 were between $96,500 and $135,100
depending on family size. The MD DHCD reports purchasing activity in Washington County as
41 units in 2018 ($5,497,993), 58 units in 2019 ($8,757,273), and 112 units in 2020
(17,949,089). Targeted areas in Washington County are within Hagerstown city limits.
FISCAL IMPACT: No cost to Washington County
CONCURRENCES: N/A
ALTERNATIVES: If there is no transfer there will be less money available to make housing
loans to Washington County applicants from the Maryland Mortgage Program.
ATTACHMENTS: Letter to MD Department of Housing and Community Development
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
DEPARTMENT OF PLANNING & ZONING
COMPREHENSIVE PLANNING | LAND PRESERVATION | FOREST CONSERVATION | GIS
WWW.WASHCO-MD.NET
100 West Washington Street , Suite 2600 | Hagerstown, MD 21740 | P: 240.313.2430 | F: 240.313.2431 | TDD: 7-1-1
July 13, 2021
Maddy Ciulu, Director
Single Family Housing
Community Development Administration
Department of Housing & Community Development
7800 Harkins Road, Room 367
Lanham, Maryland, 20706
Dear Ms. Ciulu:
Pursuant to Sections 13-801 through 13-807 of the Financial Institutions Article of the Maryland
Annotated Code, Washington County hereby irrevocably transfers to the Community Development
Administration, for use in issuing housing bonds or mortgage credit certificates on behalf of this
jurisdiction, 100% of its total $5, 810,651.00 tax-exempt housing bond allocation as set forth in 2021
allocation of the Maryland State Ceiling made by the Secretary of Commerce pursuant to the Article.
Sincerely,
Jeffery A. Cline, Chairperson
Board of County Commissioners of Washington County,
Maryland
Certificate of Counsel
This transfer of a tax-exempt bond allocation is duly authorized and executed and constitutes the valid,
binding and irrevocable act of Washington County, Maryland.
Kirk C. Downey, County Attorney
Washington County, Maryland
Open Session Item
SUBJECT: Formal Approval to Adopt the Text Amendment to the Zoning Ordinance for
Washington County, Maryland (RZ-20-002)
PRESENTATION DATE: July 13, 2021
PRESENTATION BY: Kirk C. Downey, County Attorney
RECOMMENDED ACTION: Motion to formally approve the Ordinance to Amend Certain
Provisions of the Zoning Ordinance for Washington County, Maryland (RZ-20-002)
REPORT-IN-BRIEF: On June 15, 2021, the Board of County Commissioners (the
“Commissioners”) conducted a public hearing on text amendments to the Zoning Ordinance for
Washington County, Maryland. On June 22, 2021, the Commissioners reached unanimous
consensus to approve the requested text Amendments and directed the County Attorney’s Office
to prepare the required Ordinance. The Ordinance has been prepared and is attached hereto.
DISCUSSION: Residential rental facilities are not a new trend in land use. These types of uses
have been motivated over time by tourists and visitors who wish to have more unique
accommodations than those provided by a typical hotel complex.
The principal difference between traditional residential rental facilities of the past versus the more
modern trends of today is the lack of occupancy of the property owner. Many of the rental
opportunities presented to visitors are single family dwellings that are smaller in size than typical
owner-occupied uses and are strategically placed to take advantage of scenic views, proximity to
tourist destinations, and rural locations that offer tranquil settings.
Because proximity can cause compatibility issues in the urbanized areas, staff has recommended
allowing short term residential rentals in all residential districts by special exception use only. This
would provide neighbors with notice of a proposed new use in the area and offer an opportunity to
comment on concerns unique to each application. Because proximity is less of an issue in rural
areas of the County, staff has proposed to allow them as principally permitted uses. To avoid other
compatibility conflicts with neighboring properties, staff has recommended that minimum parking
standards should be implemented and that rental stays should not exceed thirty (30) days in length.
This item was presented to the Washington County Planning Commission at a Public Information
Meeting held during their regular meeting on April 5, 2021. One verbal comment was received in
favor of the changes. It was then brought back for recommendation at the May 3, 2021, meeting
where the members unanimously recommended approval of the proposed text amendments with
comments.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Ordinance
AUDIO/VISUAL NEEDS: None
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
1
ORDINANCE NO. ORD-2021-___
AN ORDINANCE TO AMEND CERTAIN PROVISIONS OF THE
ZONING ORDINANCE FOR WASHINGTON COUNTY, MARYLAND
(RZ-20-002)
RECITALS
The Board of County Commissioners of Washington County, Maryland (the “Board”)
adopted the Zoning Ordinance for Washington County, Maryland (the “Ordinance”) on January
23, 1973, and it became effective on April 2, 1973.
The Washington County Department of Planning and Zoning filed an application
requesting that amendments be made to the text of the Ordinance. The amendments proposed
would amend Articles 3, 7A, 8, 9, 10, 11, 12, 19C, 22, and 28A to address uses associated with
short term residential rentals .
The Board believes it to be in the best interests of the citizens of Washington County for
the amendments to be enacted.
The Washington County Planning Commission (the "Planning Commission") held a public
meeting for the purpose of taking comments on the proposed amendments on April 5, 2021,
pursuant to public notice duly given.
The Board held a public hearing for the purpose of taking testimony on the prop osed
amendments on June 15, 2021, pursuant to notice duly given.
Following the hearing, the Board considered the recommendations of the Pl anning
Commission and the Planning Department staff, and materials received, if any, as part of the
public hearing. The Board conducted this review in a public session.
N OW , T HEREFORE , B E I T O RDAINED AND E NACTED , that certain provisions of the
Zoning Ordinance, as amended, be further amended as follows:
RZ-20-002
(1) ARTICLE 3 – DISTRICTS ESTABLISHED; ZONING MAPS, DISTRICT BOUNDARIES;
LAND USE REGULATIONS (RURAL AREA USES) is amended as follows:
Section 3.3 (1) Table of Land Use Regulations
A(R)-Agriculture (Rural)
EC-Environmental Conservation
P-Preservation
RV-Rural Village RB -Rural Business IM -Industrial Mineral
Table No. 3.3(1)
TABLE OF LAND USE REGULATIONS
(RURAL AREA USES)
2
LAND USES A(R) EC P RV RB IM
B. Accommodation and Food Service
Bed and Breakfast; up to five (5) guest rooms A A A SE P N
Boarding or Rooming Houses SE SE SE P P N
Short-term Residential Rental P P P SE N N
P-Permitted
SE-Special Exception
A-Accessory
N-Not Permitted
(2) ARTICLE 7A – “RT” RESIDENTIAL, TRANSITION DISTRICT
Section 7A.2 Special Exception Uses
(h) Short-term Residential Rental
(3) ARTICLE 8 – “RS” RESIDENTIAL, SUBURBAN DISTRICT
Section 8.2 Special Exception Uses
(k) Short-term Residential Rental
(4) ARTICLE 9 – “RU” RESIDENTIAL, URBAN DISTRICT
Section 9.2 Special Exception Uses
(k) Short-term Residential Rental
(5) ARTICLE 10 – “RM” RESIDENTIAL, MULTI-FAMILY DISTRICT
Section 10.2 Special Exception Uses
(l) Short-term Residential Rental
(6) ARTICLE 11 – “BL” BUSINESS, LOCAL DISTRICT
Section 11.1 Principal Permitted Uses
(l) Short-term Residential Rental
(7) ARTICLE 12 – “BG” BUSINESS, GENERAL DISTRICT
Section 12.1 Principal Permitted Uses
(a) Short-term Residential Rental
(8) ARTICLE 19C – “SED” SPECIAL ECONOMIC DEVELOPMENT DISTRICT
3
Section 19C.2 Principal Permitted Uses
(a) Short-term Residential Rental
(9) ARTICLE 22 DIVISION I – OFF STREET PARKING AND LOADING AREA
REQUIREMENTS
Section 22.12(b)
1. Minimum Spaces Required
Land Use Parking Required
Short-term residential rental, Bed and
Breakfast, and Boarding House
1 parking space per bedroom
(10) ARTICLE 28A – DEFINITIONS
Dwelling:
A building containing one or more dwelling units. The term “dwelling” or any combination
thereof shall not be deemed to include hotel, boarding/rooming house, motel, clubhouse,
hospital, short-term residential rental or other accommodations used for more or less transient
occupancy.
Short-term Residential Rental:
A non-owner-occupied residential structure that provides temporary lodging to transient
guests for compensation. Proprietors may rent all or a portion of the structure. Such uses shall
not exceed rental of individual rooms or the entire structure for more than 30 consecutive days
per client/reservation. No site plan is required, however, off street parking must be provided in
accordance with Article 22 Division 1 of this Ordinance. Signage that requires a zoning permit is
prohibited.
Adopted this _____ day of __________________, 2021.
Effective this _____ day of __________________, 20 21.
ATTEST: B OARD OF C OUNTY C OMMISSIONERS
OF W ASHINGTON C OUNTY, M ARYLAND
___________________________ _____________________________________
Krista L. Hart, Clerk Jeffrey A. Cline, President
4
Approved as to legal
sufficiency:
Mail to:
___________________________ Office of the County Attorney
Kirk C. Downey 100 W. Washington St., Suite 1101
County Attorney Hagerstown, MD 21740
Open Session Item
SUBJECT: Revision of Washington County, Employee Handbook & PR-34 “Leave”, Policy Regarding Paid
Holiday Schedule.
PRESENTATION DATE: Tuesday, July 13, 2021
PRESENTATION BY: Laurence (Larry) Etchison, SPHR, Director of Human Resources
RECOMMENDED MOTION: Revise the current “Washington County, Employee Handbook” & PR-34
“Leave” Policy Paid Holiday Schedule incorporating the new Juneteenth Paid Holiday and discontinuing the New
Years’ Eve Paid Holiday.
REPORT-IN-BRIEF: President Biden recently proclaimed “Juneteenth” (June 19th) as a National Holiday. The
President’s proclamation stated, “I call upon the people of the United States to acknowledge and celebrate the
end of the Civil War and the emancipation of Black Americans and commit together to eradicate systemic racism
that still undermines our founding ideals and collective prosperity.”
Having little time to prepare, the Board of County Commissioners and the County Administrator quickly
authorized Friday, June 18, 2021, as the “Juneteenth” Paid Holiday for all Full Time Employees with flexible
observance between Friday, June 18, 2021, through Friday, July 16, 2021. On behalf of all of our Full Time
Employees, I want to thank the Commissioners and our County Administrator for the additional Paid Holiday
within Calendar Year 2021.
As a go forward action, and with deference to our Citizens and Taxpayers whom we serve, Human Resources is
recommending that Juneteenth be incorporated and New Year’s Eve be discontinued from the “Washington
County, Employee Handbook” & PR-34 “Leave” Policy Paid Holiday Schedule beginning in Calendar Year 2022.
This action would maintain the thirteen (13) Paid Holidays our Full Time Employees currently appreciate. While
our BOCC total compensation package has greater focus on paid time off, benefits , pension, etc. verses private
industry competitive higher salaries, simply adding Juneteenth to our current Paid Holiday Schedule would appear
to be excessive based on the U.S. Bureau of Labor Statistics determination that the average private industry
Worker enjoys eight (8) Paid Holidays annually.
A copy of the proposed 2021/2022 Holiday Schedule is enclosed for your review. Revisions are in bold red italic
font.
2021/2022 HOLIDAY SCHEDULE
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Proposed Revision – Tuesday, July 13, 2021
Holiday 2021 2022
New Year’s Day
Friday, January 1, 2021
Saturday, January 1, 2022
(observed Friday, December
31, 2021)
Martin Luther King’s Birthday
Monday, January 18, 2021
Monday, January 17, 2022
President’s Day
Monday, February 15, 2021
Monday, February 21, 2022
Good Friday
Friday, April 2, 2021
Friday, April 15, 2022
Memorial Day
Monday, May 31, 2021
Monday, May 30, 2022
Juneteenth Saturday, June 19, 2021
(Flexible Observance Friday, June 18,
2021 – Friday, July 16, 2021)
Sunday, June 19, 2022
(Observed Monday, June 20,
2022)
Independence Day
Sunday, July 4, 2021
(observed Monday, July 5, 2021)
Monday, July 4, 2022
Labor Day
Monday, September 6, 2021
Monday, September 5, 2022
Veteran’s Day Thursday, November 11,
2021
Friday, November 11, 2022
Thanksgiving Day Thursday November 25,
2021
Thursday, November 24,
2022
Friday after Thanksgiving
Friday, November 26, 2021
Friday, November 25, 2022
Christmas Eve
Friday, December 24, 2021
Saturday, December 24, 2022
(observed Friday,
December 23, 2022)
Christmas Day
Saturday, December 25, 2021
(observed Monday, December 27,
2021)
Sunday, December 25, 2022
(observed on Monday,
December 26, 2022)
New Year’s Eve
Friday, December 31, 2021
(observed Thursday, December 30,
2021)
NO LONGER AN
OBSERVED
HOLIDAY
TOTAL PAID HOLIDAYS Fourteen (14) Thirteen (13)
DISCUSSION: N/A
FISCAL IMPACT: As the total number of Paid Holidays would remain unchanged beginning in Calendar Year
2022, the Citizens and Taxpayers of Washington County would not suffer any service or financial impact.
CONCURRENCES: County Administrator and the Human Resources Team
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Open Session Item
SUBJECT: Discussion on the review/approval process for local Non-Profit Contingency Fund
requests
PRESENTATION DATE: July 13, 2021
PRESENTATION BY: Board of County Commissioners
RECOMMENDED MOTION: To approve an “up to amount” for local Non-Profit reimbursement
requests received, with proposed funding through the Commissioner’s Contingency Fund
REPORT-IN-BRIEF: Several requests have been received for reimbursement requests from local non-
profit agencies for fundraising events at Black Rock Golf Course.
Staff is requesting direction from the Commissioners on how those requests are to be handled, to include
any future requests.
DISCUSSION:
FISCAL IMPACT:
CONCURRENCES:
ATTACHMENTS:
Board of County Commissioners of Washington County, Maryland
Agenda Report Form