HomeMy WebLinkAbout240827a
John F. Barr, President
Jeffrey A. Cline, Vice President
BOARD OF COUNTY COMMISSIONERS
August 27, 2024
OPEN SESSION AGENDA
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President John F. Barr
APPROVAL OF MINUTES: August 6, 2024
9:05 AM COMMISSIONERS’ REPORTS AND COMMENTS
9:15 AM STAFF COMMENTS
9:20 AM CITIZEN PARTICIPATION
9:30 AM PUBLIC HEARING – REQUESTS BY ORGANIZATIONS TO BE ADDED TO THE
LIST OF NONPROFIT ORGANIZATIONS TO WHICH THE BOARD OF COUNTY
COMMISSIONERS MAY CONTRIBUTE FUNDS, PURSUANT TO SECTION 1-
108 OF THE CODE OF THE PUBLIC LAWS OF WASHINGTON COUNTY,
MARYLAND (THE “1-108 LIST”)
Zachary J. Kieffer, County Attorney
9:45 AM FORGET-ME-NOT MONTHS (SEPTEMBER, OCTOBER, NOVEMBER 2024)
PROCLAMATION
Board of County Commissioners to James Arnold and Douglas Flanigan, Disabled
American Veterans Organization
9:55 AM PUBLIC HEARING TO ADD A LOCAL AMENDMENT TO THE 2021
INTERNATIONAL SWIMMING POOL AND SPA CODE (ISPSC)
Greg Cartrette, Director/Code Official, Permits and Inspections; Rosalinda Pascual,
Deputy County Attorney
10:10 AM COUNTY COMMISSIONERS OF WASHINGTON COUNTY WATER QUALITY
BOND, SERIES 2024 (TAX-EXEMPT) AUTHORIZING RESOLUTION
Lindsey A. Rader, Bond Counsel for Washington County; Kelcee Mace, Chief
Financial Officer
10:25 AM CONTRACT AWARD (PUR-1683) WORKERS’ COMPENSATION THIRD
PARTY ADMINISTRATOR (TPA)
Brian Overcash, Safety Compliance Administrator, Human Resources on behalf of Rick
Curry, Director, Purchasing
Wayne K. Keefer
Randall E. Wagner
Page 2 of 3
OPEN Session Agenda
August 27, 2024
Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200
Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting.
10:30 AM INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG- 24-0152) – 2025
FORD EXPLORER AWD FORD POLICE INTERCEPTOR UTILITY VEHICLES
FOR THE SHERIFF’S OFFICE
Sheriff Brian Albert, Washington County Sheriff’s Office on behalf of Rick Curry,
Director, Purchasing
10:35 AM INTERGOVERNMENTAL COOPERATIVE PURCHASE (INTG-24-0154) ONE (1)
NEW 2024 F550 EXTENDED CHASSIS/CAB TRUCK W/ READING UTILITY
BODY
Mark Bradshaw, Director, Environmental Management, on behalf of Rick Curry,
Director, Purchasing
10:40 AM FY25 SENIOR CITIZEN ACTIVITIES CENTER OPERATING FUND GRANT –
APPROVAL TO ACCEPT AWARDED FUNDING
Richard Lesh, Grant Manager, Grant Management; Amy Olack, CEO, Washington
County Commission on Aging
10:45 AM MARYLAND 9-1-1 BOARD – APPROVAL TO SUBMIT APPLICATION AND
ACCEPT AWARDED FUNDING
Alan Matheny, Director, Emergency Management; Kelly Fisher, Deputy Director,
Emergency Communications; Richard Lesh, Grant Manager, Grant Management
10:50 AM COMMUNITY ORGANIZATION FUNDING – AVAILABLE FUNDING AND
SERVICE PRIORITY AREA ALLOCATIONS
Nicole Phillips, Senior Grant Manager, Grant Management
11:00 AM EMPLOYEE GIVING CAMPAIGN DISCUSSION
Chip Rose, Director, Human Resources
11:10 AM THE HOUSING AUTHORITY OF WASHINGTON COUNTY (HAWC) SEEKS
APPROVAL OF MORTGAGE ON PARKVIEW KNOLL PROPERTY AND
RELEASE OF REVERTER CLAUSE ON SAID PROPERTY’S DEED
Morgan Gower, Executive Director, Housing Authority of Washington County; Brian
Kane, Counsel for Housing Authority of Washington County
11:20 AM 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 individual.
(1) These topics include the discussion of confidential personnel matters
Discussion of filling of open Transit Director position
Page 3 of 3
OPEN Session Agenda
August 27, 2024
Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200
Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting.
Discussion of hiring forthcoming open project manager position in Water Quality
Discussion of hiring recommendation in Division of Emergency Services
Discuss discipline and recommended removal of County employee
Discussion of applicants/seek consensus to appoint or reappoint individuals to fill
open positions on Washington County Gaming Commission, Board of Zoning
Appeals, Property Tax Assessments Appeals Board, Ethics Commission, and
“Black Rock Golf Board”
Employee in-person appeal of county policy
Discussion of hiring practices. Topic involves confidential personnel discussion.
To consult with counsel to obtain legal advice on a legal matter. (7).
Provide legal advice and options to Board regarding proposed legislation)
1:30 PM RECONVENE IN OPEN SESSION
ADJOURNMENT
Open Session Item
SUBJECT: PUBLIC HEARING – Requests by organizations to be added to the list of
nonprofit organizations to which the Board of County Commissioners may contribute funds, pursuant
to § 1-108 of the Code of the Public Local Laws of Washington County, Maryland (the “1-108 List”).
PRESENTATION DATE: Tuesday, August 27, 2024; 9:30 a.m.
PRESENTATION BY: Zachary J. Kieffer, County Attorney
RECOMMENDED MOTION: None. The Board may approve inclusion of one or more
organizations to the 1-108 list or may take the matter under advisement for action at a later date.
REPORT-IN-BRIEF: The following organizations have submitted letters of request to be added
to the 1-108 List:
Community Foundation of Washington County
HMP Training, Inc
The Elder Group, LLC
DISCUSSION: The inclusion of a nonprofit organization on the § 1-108 list does not mean that
the organization will receive funding from the Board. Funding determinations are made through the
Community Organization Funding Committee process and the County’s budgetary process.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Letters of Request and Supplemental Information
AUDIO/VISUAL NEEDS: None.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
37 s. Potomac Street
Hagerstown, MD 21740
tel: (301) 745-5210
web: cfwcmd.org
email: cfwc@cfwcmd.org
We appreciate the support
of our corporate sponsors
AmeriServ Financial
Antietam Wealth Management
CNB Bank, Inc.
Family Heritage Trust
Gaye McGovern Insurance Agency
M&T Bank
Mason lnvesment Advisory Services, Inc.
Middletown Valley Bank
January 29, 2024
Kimberly Jacobson
Legal Assistant
100 W. Washington Street, Suite 1101
Hagerstown, MD 21740
Ms. Jacobson,
On behalf of the Community Foundation of Washington County, MD, I am
requesting that our organization be added to the Board of County
Commissioners of Washington County, MD's list of organizations eligible
for funding pursuant to Section 1-l0B(b) of the Code of Public Laws of
Washington County, MD.
The Community Foundation serves as a vehicle for philanthropy and is a
powerful force in improving the quality of life in Washington County.
Established in 1997, the Foundation has grown from one fund worth
$9,000 to more than 400 funds valued at over $60 million and has
distributed over $32 million in grants and scholarships. Additionally, the
Community Foundation stays actively involved in the community through
various programs and events.
In closing, I appreciate your time in reviewing our request to be added to
the list of non-profits eligible for funding through the Board of County
Commissioners of Washington County, MD. We are eager and ready to
contribute to the shared vision of a thriving and vibrant Washington
County.
Sincerely,
�G�'
Stacey Crawford
President/CEO
Community Foundation of Washington County, MD Inc.
Current financial statements are available upon request by contacting he Community Foundation at the above address.
Documents and information submitted to the State or Maryland under the Maryland Charitable Solicitations Act are
available from the Office of the Secretary of State for the cost of copying and postage.
.,., ,·
CFNS
ACCREDITED FOUNDATION
THE CCMMUNITY FOUNDATION OF WASHINGTON C'OUNTY, MARYLAND, INC'ORPORATED
ARTICLES OF INC'ORPORATION i
FIRST: I, the undersigned, MICHAEL G. DAY, 920 west Washington Street, Hagerstown, Maryland 21740, being over the age of eighteen (18) years, do under and by virtue of the general laws of the State of Maryland authorizing the formation of corporations, hereby form a non-profit corporation.
SEC'OND: The name of the corporation (which is hereinafter called the "Corporation" is THE COMMUNITY FOUNDATION OF WASHINGTON C'OUNTY, MARYLAND, INC'ORPORATED.
THIRD: The purposes for which the Corporation is formed and the business or objectives to be carried on and promoted by it, primarily in and for the benefit of Washington County, Maryland, and the vicinity thereof, are as follows:
(a)The administration for charitable purposes of theproperty donated to the Corporation;
(b)The distribution of property for such purposes inaccordance the terms of gifts, bequests, or devises to the Corporation not inconsistent with its purposes as set forth in these Articles of Incorporation or in accordance with the determinations by the Board of Trustees pursuant these Articles of Incorporation;
(c)The disposition from time to time of property heldby the Corporation in such manner that its charitable �urposes may be effectively served notwithstanding changed conditions that may have arisen or will arise in charitable needs of the area to be served by the Corporation from time to time of the original receipt of the property by the Corporation from a donor;
(d)The disposition of property to qualifiedcharitable organizations; 31 OS 4 J 4 (e) To transact its business, carry on its 5operations and exercise its corporate powers, in any state, territory, district or possession of the United States and in any foreign country;
(f)In general to do any and all of the things hereinabove set forth and such other things as are incidental or conducive to the attainment of the objects and purposes of the Corporation, as principal, factor, agent, contractor or otherwise, either alone or in conjunction with any person, firm,
SEVENTH: No part of the net earnings of the CorJ?Oration shall enure to the benefit of or be distrib utable to its meetin$s, trustees, or officers, but the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set for in Article Third hereof. No substantial part of the activities of the Corporation shall be the carrying on of propaganda or otherwise attempting to influence legislation, and the Corporation shall not �articipate in or intervene in (including the publishing or distribution or statements) any political campaign on behalf of any candidate for public of fice.
EIGH'IH: This Corporation is intended to be an organization which is exempt from Federal Income Tax under Section 501(c) (3) of the Internal Revenue Code of 1986 and which is a public charity. All terms and provisions of these Articles and all operations of the Corporation shall be construed, applied and carried out in accordance with such intent. For purposes of these Articles:
(a)"Public charity" means a qualified charitableorganization which is "other than a private foundation" within the meaning of Section 509(a) (1), (2) or (3) of the Internal Revenue Code of 1986;
(b)"Charitable purposes" means those purposes underSection 501(c) (3) of the Internal Revenue Code of 1986 which are permitted of the Corporation as a public charity under the Internal Revenue Code of 1986;
(c)"Qualified charitable organization" means anorganization which is organized for charitable purposes and qualified as exempt from Federal Income Tax under Section 501(c) (3) of the Internal Revenue Code of 1986; and
(d)Reference to any section of the Internal RevenueCode of 1986 includes the corresponding provision or provisions then in effect of any subsequent Federal Tax Laws.
NIN'I'H: Upon dissolution of the Corporation, the Board of Trustees shall, after paying or making provision for the payment of all liabilities of the Corporation, dispose of all of the assets of the Corporation by distributing those assets exclusively for charitable purposes as shall at the time qualify as exempt under Section 501(c) (3) of the Internal Revenue Code (or corresponding provision of any future United States Internal Revenue Law) as the Board of Trustees shall determine. Assets not so disposed of shall be disposed of by the Court which has general jurisdiction for the city in which the principal office of the Corporation shall then be located, exclusively for such charitable organizations as said Court shall elect.
Annual
Foun
How It Works
As a hub of local philanthropy, we offer many giving opportunities to help anyone
make a lasting impact in our community. Each fund is designed to endure without
the need for ongoing fundraising, yet you may also continue to support your fund to
grow the impact of your donations. To get started, give us a call at 301-745-5210.
Our team will help you find the best fund pathway.
r
DONOR -ADVISED
FUNDS
Consider this your
foundation or ch
checkbook that
causes that ma
Applicable for inc
families and orgai
OW
AGENCY
FUNDS
Established by nonprofit
organizations, agency funds provide
sustained financial support for
years to come and are used for
unrestricted non-profit expenses.
TYPES OF FUNDS
I��E
SCHOLARSHIP
FUNDS
Propel our students into higher
education or training programs.
Funds can be designated towards
an industry, into a specific school
or program, or to memorialize a
loved one.
DES
M�___�
With a specific charity
in mind, donors can direct
the designated fund to distribut
an annual donation to one
or more organizations.
a
COMMUNITY
FUNDS
Prepare for the unpredictable
needs of today and tomorrow.
Guided by committee review,
these funds respond to
the changing needs of the
community.
M
FIELD OF
INTERESTS FUNDS
Support the cause that is closest
to your heart, without naming a
nonprofit recipient. A Committee
annually awards grants to
&==fits meeting that need.
To view our complete list of funds, please visit our website at cfwcmd.org/funds
What We Do
When donors (like, yoliI) graciously donate to the Community Foundation, that money
is preserved for future use. Instead of being used right away, it's saved into a fund that
will grow over time. Then, we redistribute that money to nonprofits and students who
need it most.
Create Partnerships
Everything starts with you and your philanthropic
intentions. We listen and work together to find existing
funds or develop new funds that achieve your goals.
The Community Donates
You can donate into a community fund, or into a fund
with a specific non-profit or scholarship, or you can °
00
create a new fund. There are many options! °a
�- .
ff
We Save & Grow These Dollars 0 0
We all know that the future is unpredictable, so we 0
dedicate ourselves to looking ahead and being strong,
stable, yet flexible. With careful stewardship, these
dollars could be someone's saving grace.
We Invest Back To The Community
Through grants and scholarships, community leadership
and building partnerships, we are investing in the
community. This year alone we granted $3,544,058
from our endowed funds.
Strategic Design
& Rebranding
Casting Seeds For Future Growth
Thanks to years of investment from our community, our young community foundation
has grown from $9,000 in 1997, to managing over $60,800,400 in assets in 2023. Like any
growing business, we needed to adjust our central strategy to maintain these funds safely
and then use their endowments to drive the deepest benefits for our community.
2022 October 2022 - Strategic Design begins with partners Ekstrom. Alley, Clontz & Associates
The Big Idea - By 2028, we will be: 1) a hub for philanthropy that grows charitable giving
across the community, 2) a supporter of nonprofits who use our funds as a catalyst to
better the community, and 3) a trusted brand for donor engagement, grant -making, and
leadership. The Strategic Design resulted in a thorough action plan that began in July 2023.
2023 July 2023 - Brand Redesign begins with partners Wimbly Stoke and Origin Design Collective
The Big Idea - Design a brand that is approachable yet refined, responsive yet future -
focused and that speaks to local nonprofit partners, future student scholarship recipients
and donors with donations of all sizes. The design relies on the nostalgia of dandelion
bristles, to show a community working together and casting seeds that last far beyond the
current moment.
Previous Logo
Community Foundation
of Washington County MI), hic.
Looking(onrnrd...giving back
New Logo
Community
QWFoundation
OF WASHINOTON COUNTY. MD
Exploring the Rebrand
The Community Foundation of Washington County's
rebranding project reveals a dynamic brand identity system
underpinned by a strategic and intentional approach.
This new identity shows relevance and authenticity to
the central mission while portraying a sense of nostalgia
and hope. This creative effort provides The Community
Foundation with a versatile set of brand assets built to
last, including a Strategy Deck, Client Profiles, Brand
Identity & Logo Suite, Color Palette, Type System, Brand
Guidelines, Stationery, and Social Graphics, as well as a
deeper understanding on how to convey the Community
Foundation's origin story with their audience.
Highlights from 2023
$3,544,058
Total amount granted
HMP Training Inc is so appreciative to be a recipient of the 2023 Responsive Grant. The funds received were put to great
use by providing free tuition for numerous students in our heavy equipment certification program. Upon graduation from
our course, students have gained or are in pursuit of a new career as a heavy equipment operator. This funding not only
means a lot to the students but to all of us as well because it helps provide training to people in the community that
want to work but don't have the proper funds to help them advance in life. -Mark Stevonus, Owner/Operator
I come in here mad or sad and you say one thing and
my whole mood is changed. I don't think you realize
how much the clubhouse has impacted my life!
- Quote from a clubhouse participant
This funding has allowed us to expand services and provide
activities for local teens. The teens gave us ideas on what they
would like and the Community Foundation helped turn their
ideas into reality. -Buck Browning, Executive Director of
Fort Ritchie Community Center
Thank you for supporting Sleep in Heavenly Peace
Hagerstown, MD. This award will allow us to continue
with our mission "No Kid Sleeps on the Floor in Our
Town' - Sleep in Heavenly Peace Staff
With the help of the CFWC and its donors. nearly every
week in Washington County a family was provided
emergency assistance from home fires and other
disasters. The security of functioning smoke alarms,
the knowledge of a fire escape plan, coupled with the
immediate financial assistance and ongoing casework
provided by Red Cross Disaster Services, help meet
Washington County residents' basic needs. These services
can be directly linked to improved family financial stability,
an improved sense of security and safety, and also helps
prevent homelessness, hunger, starvation, deterioration of
physical and/or mental health and job loss.
- Stacy McFarland, Executive Director of American
Red Cross of the Greater Shenandoah Valley Chapter
Responsive Grants
The Community Foundation's grants committee chose to fund Washington County
nonprofits and programs focused on the development of a stronger community
through programs addressing family stability, including all stages of life, financial
literacy, employment, mental health and basic needs.
Resources for the responsive grants come from the growth and earnings of established
community funds at the Community Foundation as well as a partnership with the
Pauline Anderson Foundation.
Organization
American Red Cross of the Greater Shenandoah Valley
Big Brothers Big Sisters of Washington County
Boys & Girls Club of Washington County
Brook Lane Behavioral Services. Inc.
Children in Need. Inc.
Community Free Clinic, Inc.
Community Mediation Maryland: Mediation First
Fort Ritchie Community Center
Gatekeepers Corporation
Girls Inc. of Washington County
Hagerstown Goodwill Industries dba Horizon Goodwill Industries
HMP Training Inc. (Heavy Metal Playground)
Level the Playing Field
Literacy Council of Washington County, Inc.
Potomac Case Management Services, Inc.
Reach of Washington County
Sleep in Heavenly Peace MD - Hagerstown Chapter
The Interfaith Service Coalition of Hancock. MD Inc.
The Salvation Army
Washington County Commission on Aging. Inc,
Washington County Historical Society
Women's Club Foundation Inc.
Name/Title of Program
Home Fire Campaign
Little Leadership Academy Group Mentoring Program
Academic Success
Laurel Hall School Lockers
Client Monthly Visits/Extended Services
Community Mental Healthcare
Child Access Mediation - Family Court Partnership
Teen Center
Gatekeepers Business of Living Program
Leaps and Beats
Adolescent Clubhouse
Tuition & Fees for Participants
Pop Up Sports Equipment Distribution - WCPS Middle Schools
Doubled in Size and Still Growing
Youth Diversion Program
Cold Weather Shelter Case Management Rapid Rehousing
No Kid Sleeps on the Floor in Our Town! MD -Hagerstown
Keep a Senior Safe & Warm
The Salvation Army's Music for the Mind. Body and Soul
Aging in Place
Travel Trunk Educational Program
New Electric Stove for Tenant Kitchen
Highlights from 2023
432 22
Total number of funds New funds for 2023
$60,8009400
Total assets as of FV 2023
WELCOMING NEW FUNDS FOR 2023
Literacy Council of Washington County, Inc.
Terry W. and Peggy B. Carroll Fund
Jamie and Joy Neikirk Charitable Trust
Robert and Jenilie Palla Education Fund
Michael R. McKee Fund
Dallas, Betty and Julia Snyder Family Foundation Fund
Dressler Family Fund
Susan Hankey-Webb and Jack B. Webb Scholarship
C. William Hetzer Community Fund
Clayton Michael Knode Scholarship
Literacy Council of Washington County Endowment Fund
Tyler-n" Josenhans Athletic Scholarship
Anita Kay Commission on Aging Fund
Greg Shank Memorial Scholarship
The Michael Patrick Memorial Fund
Jennifer Kam Memorial Scholarship
Richard "Dick" Gruber Memorial
Jodi L. Smith Readers to Leaders Scholarship
Karen Dee and Thomas Allen Grosh Fund
South Hagerstown High School Class of 1968
Scholarship Fund
Boomer Harsh Memorial Fund
Sue and Keith Lowery Scholar Athlete Scholarship
His smile is warm; his laughter is contagious, and his blue eyes are unforgettable. He loves to hug and
according to so many, he gives the best hugs. He is kind, always asking his mom and dad how their
day was and taking the time forjust about anyone to provide encouragement and love. He loves and
loves and loves. He is a child of God. He is beautiful and will remain perfect. He will always be our son,
our grandchild, our friend. our brother, our teammate. Clayton Michael Knode joined God's team on
August 25, 2022. Always asking'How was your day?". Clayton would unquestionably love to see this
fund grow to make a difference in the lives of so many others. -from parents, Kelly Weaver
and Eric Knode
We opened the account with the Community Foundation of Washington County after losing my sister
and great educator, Jodi L. Smith, In 2022. Jod'i's coworkers and family created the scholarship with
the Community Foundation of Washington County because it was easily accessible and the funds
stayed within the community that Jodi taught in. The staff at the foundation are great to work with,
and always readily available to answer questions. I'm so happy we have a place to use as a third -party
to create this great scholarship for Jodi. Thank you. -Jamie Sortolo
Karen and 1 decided that 2022 was the time to build on the blessings that have been given to us by
God and on our business, Grosh's Lawn Service, by starting the Karen Dee and Thomas Allen Grosh
Fund. With the low minimum required to start a fund, we believed that the Community Foundation
of Washington County MD, Inc. was our best option. The staff at the Community Foundation of
Washington County MD, Inc. was so easy to work with and guided us through everything which made
for a very pleasant experience. Thank you to everyone! We have planted our'mustard seed' to make
Washington County MD a place with a bright future and caring community. - Thomas Grosh
Without funding from the Community Foundation of Washington County, our non-profit would not
be as effective in the surrounding communities as it is today. Your organization has been influential
In allowing us to reach those who need our volunteer services. Thank you for your contribution to our
non-profit mission and outreach.'- Leah Green, Executive Director of Literacy Council of
Washington County.
To view our complete list of funds, please visit our website at cfwcmd.org/funds
Highlights from 2023
$5549019 98 208
Scholarship dollars Total scholarship Recipients
awarded
funds awarded
How To Apply
visit our website at cfwcmd.org and click on the "Scholarships" tab or homepage
graphic to see specifics as well as links to the applications. Ineligible or incomplete
applications will be disqualified.
Check Your Deadlines!
Applications are open in January and close by April 1, but your application may have
an earlier deadline. For additional questions, please contact Hannah Coulter
at hannahc@cfwcmd.org
Created by Ethan & Judy Roberts
I am incredibly grateful to receive the Jack Roberts
Scholarship. The scholarship support has assisted
me in paying my tuition so that I can focus on my
education and goal of becoming a teacher.
I am proud to be able to continue playing baseball
while studying and be a part of the college and
community, which 1 believe honors Jack's legacy
of being an involved member of the community.
-Sam Bono, Hagerstown Community College,
Awardee
our son Jack was always a
curious soul with a natural
love for learning. Having a
scholarship in his honor will
help many people on their
educational journey. We hope
this can help in some small
way to make the world a
better place, in honor of the
good man that Jack was.
- Ethan Roberts, Donor
IRM
11776
BUILDING LASTING
CONNECTIONS THROUGH
SCHOLARSHIPS
Created by Sue Graff
I am honored and grateful to have received
the Patterson Graff Educational Fund
Scholarship. This award has allowed me to
attend the best school for my education
and inspired me to continue to give back
by volunteering while in school. With this
scholarship. I am able to work towards a
bachelor's degree and become dually certified
as an x-ray and MRI technologist, which will
give me a strong launch into my career.
- Sarah Becker, Awardee
Created by Meg Harsh, Alva & Don Harsh
I am honored to have been able to provide a
scholarship for a deserving young woman in
our community. Being able to assist someone
in meeting their educational goals is of critical
importance to us all. My hope is that the
Patterson Graff fund will play a role in Sarah
attaining her dream. -Sue Graff, Donor
...Beyond the financial aspect, I also had the opportunity of connecting with some amazing
people throughout my scholarship journey. I loved the opportunity to meet my scholarship
donor, along with their family and the staff of the Community Foundation, and to establish a
relationship with them. It is so amazing seeing our small community come together and support
local students who have goals of earning a degree. Overall, the scholarship has empowered
me to pursue my academic and career goals with confidence and determination, and I am
immensely grateful for the life -changing opportunities it has offered me.
- Grace Caudell, Awardee
i
It is very gratifying to have been able to
establish a lasting memorial to our son/
Memorial #70
husband. Knowing that this fund will, in
ClaI
perpetuity, help future generations of
PIONWashington
County youth achieve their
=
educational goals provides us with a measure
of comfort and an ongoing tribute to our
beloved son/husband.
- Meg Harsh, Alva & Don Harsh, Donors
11th Annual
Washington County
Gleves
Highlights from 2023
$5609106
64
29105
Raised for local
Nonprofit
Unique
non -profits
participants
donors
An exciting and unifying community effort, Washington County Gives presented the opportunity for
nonprofits to raise unrestricted dollars for their organization, and to discover and engage new donors
by sharing their mission. In addition to their unique donations giving within the 24-hour window,
$70,500 of this year's overall amount consists of matching dollars and prizes that were distributed
in full.
"Washington County is truly a community that cares about its nonprofits - proving, without a doubt,
that donors are committed to the well-being of their hometown. Over the past 11 years, roughly
$4.8 million has been raised," says Community Foundation President & CEO Stacey Crawford.
P: if,i �d fa, -"""< II
In Fall 2022, we began a 10-month process to develop a strategic plan to guide our organization.
In the 26 years since the creation of CFWC, the organization has grown its assets to over $60 million
while granting over $33 million back to support the nonprofits in our community. Based on this
strategic process, which included rounds of feedback, surveys, and community input, we will not
be holding Washington County Gives in 2024.
Local community giving will always be a priority for us, so we want to remind organizations that you
have access to your donor lists from all Washington County Gives days and we would encourage
you to access those lists in order to retain or re -solicit those donors for support of your organization.
In addition, in the coming year, we will be offering training and support for nonprofits to assist with
growing long term sustainable giving. Please keep watching our website and social media
for opportunities in 2024.
Thank you to all those who have participated in Washington County Gives for the past I I years.
23rd Annual People's
Choice Awards, Nominations for2024Awards
open in August 2024.
Volunteer Award Winners
This prestigious award honors individuals from the community who give generously of their time and talents to make
Washington County a better place to live.
Anita Kay
Anita taught for 39 years within the
Washington County Public Schools,
and has been an active volunteer with
the Commission on Aging's Meals on
Wheels program since 2012. She also
volunteers for Hagerstown Car
College, and many other orgar
In her honor, the Community
Foundation created a $5,000
endowment fund, which she's
to title the Anita Kay Commiss
Aging Fund.
using Star
►ward Winner
its award honors an individual,
rider forty years of age, from the
)mmunity who demonstrates a
rmmitment to volunteer service.
Becky Hein
Becky is an active, dedicated, and vital
member of organizations that serve our
community like the Literacy Council
of Washington County, Habitat for
Humanity, Sleep In Heavenly Peace,
and Katie's Cupboard.
The Community Foundation has
established a $5,000 endowment fund
which Hein has titled Literacy Council
of Washington County Fund, which
will benefit the Literacy Council's
mission of helping to provide adults
with free basic education and English
language learning services including
CEO, ESL, non and low-level readers,
and basic math.
Erin Clark
Richard Willson
Richard, a former employee of the
Hagerstown Housing Authority, is known
for his lifelong volunteerism. particularly
with Hagerstown Area Religious Council
(HARC), the League of Women Voters,
John Wesley United Methodist Church,
the Washington County Commission
on Aging. Interfaith Housing Alliance,
and many more. He is also a founding
member of cornerstones like Holly Place
and Reach of Washington County.
In his honor, the Community
Foundation has ensured that the $5,000
that would have gone towards the
creation of a new endowment fund,
was deposited into the existing Reach
Endowment Fund, per Richard's wishes.
Erin is a fervent volunteer for organizations including United Way of Washington County.
Humane Society of Washington County, Leadership Washington County. Smithsburg Youth
Athletics, her kids' PTA, and more. A Mount St. Marys graduate. she's also a successful audit
manager employed by SEK CPAs & Advisors, and a GLOW mentor for Washington County
Public Schools Education Foundation, where she teaches financial literacy classes to local
high school students.
Two organizations were chosen by Clark to receive on equal portion of the $1,000 awarded:
United Way of Washington County, and Humane Society of Washington County.
i3nng
89.8%
Branching Out Society
Members of the Branching Out Society contribute to the Community Foundation of Washington
County's day-to-day operating expenses. These funds help us meet the charitable interests of our
donors while continuing our mission of encouraging philanthropy in Washington County.
The following donors and businesses make a yearly gift of'i;aoo or more to support the Community
Foundation's operating expenses. Thank you for your continued commitment and support!
Amer!sery Financial
Albright Crumbacker Moul & Itell, LLC
Pauline Anderson Foundation
Antietam Wealth Management
Ausherman Family Foundation
Todd Baer
Patricia Botelle
Howard "Black!e' Bowen
Joan Bowers
Mary EI lis Bowman
CNB Bank
Karen Coyne
DeVinney Family
Robert Ernst, II
The Family Heritage Trust Company
Todd Harrison
Highrock Studios, Inc.
Gaye McGovern Insurance Agency
Jone L. Bowman Foundation
Mitesh and Erin Kothari
John Lilga
Ed Lough
Constance Manger
Mason Investment Advisory Services
Meritus Health
Middletown Valley Bank
M&T Charitable Foundation
Randy Rachor
R. Bruce Carson, LTD.
CharlesSmith
Todd Snook
Sabina Spicher
Mary Jane Spidder
Sandra Tillou
Tribridge Partners
Waltersdorf Family
Wright -Gardner Insurance, Inc.
Younger Motorcars, Inc.
Michael Zampelli
Thank you to
our sponsors
Corporate Sponsors
Thank you to our corporate sponsors. Your support allows our team the ability to devote
ourselves to the mission and uphold the intentions of our donors, nonprofits, and
scholarship recipients.
ANTIETAM WEALTH
AMERISER / M A N A G E M E N T
C J Kv
BA N K` OUR fOV0.NF. 1'T4 fI.V \.VC1 LIupEPENOENCE ��7j�/
THEFL"'IIVI�Ll
F.MMOND JAMBO HERITAGE
TRUST COMPANY
�C_NB_ Ban_ k M&T Bank INVESTMENT
a G hG hf i—J NC.
�i11 c�i Hch� Understanding what's important'o SERVICES, I
Middletown � � StateFarm=
Mentus ® Valley Bank. Gaye McGovern Ins A c
HealthA Community Heritage Financial. Inc. Company g y
t—
.-4r- -
jj
-j t i
Our Team
Stacey Crawford
President/CEO
staceyc@cfwcmd.org
Susan Buchanan
Community Impact Manager
susanb@cfwcmd.org
Sarah Burge 1
Director of Community Impact 1
and Donor Engagement
sarahb@cfwcmdorg 1
Hannah Coulter
Donor Engagement Manager
hannohc@cfwcmd.org
Board of Trustees
Todd M.Snook
Valley Storage Co.
Chairman
Joan F. Bowers
Antietam Wealth Mgmt
- Raymond James
Vice Chairman
Todd Baer
Warehouse and Terminal
Properties, LLC
Karen L. Coyne
Clarity Planning Raymond
James
Randy A. Rachor
Albright Crumbacker
Moul & Itell
Treasurer
9
Michael R. Baylor
Amerisery Financial
Dr. Todd A. Harrison, PDM
Podiatry Associates of
Hagerstown
Sabina Spicher
Splchers Appliances
and Security
Secretary
Pieter Bickford
HlghRock Group
in
Mitesh Kotharl, M.D.
Capital Women's Care
Hagerstown
Constance G. Manger Pastor Brett D. McKoy Stacy Miller
Berkshire Hathaway Home Cutting Edge Ministries/ TriBridge Partners, LLC
Services - Bowen Realty Washington County Public School
Robert Ernst, II
Retired
Past Chairman
Mary Ellis Bowman
Retired
Ed H. Lough
Northwestern
Mutual
Thomas C. Newcomer
R. Bruce Carson Jewelers
Sandra Tillou F. Christian Wright, IV Brandon Younger
CPA/Self-Employed Wright -Gardner insurance, Inc. Younger Auto Group
Michael Zampelli
Associated Radiologists, P.A.
Community
Foundation
a1 w�swwerow cov.I ao
37 S. Potomac Street
Hagerstown, MD. 21740
About Community Foundation of
Washington County MD. Inc.
Community Foundation of Washington
County MD. Inc. has a five-year annualized
investment return that makes it one of the
top performing community foundations in
the country. The Foundation has over $60
million in assets and has distributed more
than $35 million in grants and scholarships
since 1997. Donors can support any of
its more than 425 funds or create a
charitable fund of their own.
To learn how to create a fund at the Community
Foundation, please visit www.cfwcmd.org
or call 301-745-5210.
Good evening, commissioners, ladies and gentlemen, and members of the community, my name
is Charles Peek, President/CEO along with Teresa Peek, Executive Director of the Elder Group.
We are honored to have the opportunity to introduce you to the Elder Group, a vital initiative born
out of compassion and dedication to our senior citizens.
Established in 2019, the Elder Group stands as a beacon of hope and advocacy for our elderly
population. With a mission centered on providing seniors with a voice, especially those who have
endured abuse, neglect, or marginalization, the Elder Group is committed to safeguarding their
rights, dignity, and wel1-being.
One of the many focuses of the Elder Group is addressing food insecurity among seniors. Far too
often, our elderly neighbors are forced to choose between purchasing groceries and other essential
needs. In 2023 the Elder Group prepared and served 7,180 meals and we have prepared and served
more than 2,100 so far this year. Through strategic partnerships1 community outreach, and
innovative solutions, the Elder Group strives to ensure that no senior goes hungry in our midst.
We assisted l O homeless seniors access rentaJ assjstance that allowed them to secure housing, 1
senior placed in long term care and wc provided 4 seniors with out-of-pocket expenses for hotel
stays.
In addition to these initiatives, the Elder Group is dedicated to raising awareness about the
prevalence of elder abuse and advocating for systemic changes to protect our seniors from harm.
Whether it's financial exploitation, physical mistreatment, or emotional abuse, no senior should
suffer in silence. Through education, empowerment, and collaboration with law enforcement and
social service agencies, the Elder Group works tirelessly to combat elder abuse and ensure that
perpetrators are held accountable.
P.O. Box 1041
EIN 83-46 l 722 l
Hagerstown, MD
elder-group.org
21740
As we look to the future, the Elder Group remains steadfast in its commitment to serving and
uplifting our senior citizens. Our goal is to secure $200,000 over the next 18 months so that we
can secure a facility and expand our program and services to more seniors. With your support and
involvement, we can continue to make meaningful strides in improving the lives of our elders,
honoring their wisdom, resilience, and invaluable contributions to our community.
Thank you for your attention, and please join us in our efforts to make a difference in the lives of
our seniors through the Elder Group. Together, we can create a brighter, more inclusive future for
all generations to come.
P.O. Box 1041
EIN 83-4617221
Hagerstown, MD
elder-group.org
21740
14515 Pennsylvania Ave., Hagerstown, MD 21742 I 240 415 8088
5-31-2024
To whom it may concern,
Please find this as a letter of request that HMP Training, Inc. to be added to the 1-
108 list. HMP Training is a 501c3 that provides certified heavy equipment to those
in need. We have provided this training to many individuals including Veterans,
homeless, re-entry programs and youth. We have also helped many graduating
students gain employment. Our goal is to provide free tuition to those in need
and we rely on grant funding and donations to provide this opportunity to many
in the community. We also work with other non-profits to help the community
including Horizon Goodwill Industries, Sheppard Pratt and Gatekeepers. Along
with these and other organizations we can provide transportation and lunch to all
of our students.
Sincerely,
/
Mark Stevanus
President
Open Session Item
SUBJECT: Forget-Me-Not Months (September, October, November 2024) Proclamation
PRESENTATION DATE: August 27, 2024
PRESENTATION BY: Board of County Commissioner to James Arnold and Douglas Flanigan,
Disabled American Veterans Organization
RECOMMENDED MOTION: N/A
REPORT-IN-BRIEF: Proclamation Presentation
WHEREAS, the Disabled American Veterans Organization offers free services to disabled veterans and
their families in filing claims for government benefits as well as the resolution of problems regarding
employment, health care and counseling, and
WHEREAS, the Disabled American Veterans Organization strives to respond to emergency needs
arising in the family of any disabled veteran, and
WHEREAS, the community wishes to express a deep and continuing sense of gratitude to those disabled
veterans who gave so much to protect and preserve our way of life, and
WHEREAS, the Disabled American Veterans Organization has chosen September, October, and
November 2024 for its annual Forget-Me-Not Drive in Washington County and pledges that all
contributions will be utilized for disabled veterans and their families in our community.
NOW THEREFORE, We the Board of County Commissioner of Washington County, Maryland, hereby
recognize September, October, and November 2024 as “Forget-Me-Not” Months and encourage all
citizens to join in and support those who have given so freely to protect and defend the rights and
freedom of us all.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Washington County Board of County Commissioners of Washington County, ndaryland
Agenda Report Form
Open Session Item
SUBJECT: Public Hearing to add a local amendment to the 2021 International Swimming Pool
and Spa Code (ISPSC).
PRESENTATION DATE: Tuesday, August 27, 2024
PRESENTATION BY: Greg Cartrette Director/ Code Official, Rosalinda Pascual, Deputy
County Attorney.
RECOMMENDATION: To hold a public hearing for the proposed local amendment of Section
305.1 of the International Swimming Pool and Spa Code, locally adopted July 16, 2024.
REPORT -IN -BRIEF: This proposed amendment seeks to modify Section 305.1 of the ISPSC
by deleting the word "NOT" in the second to last line of the paragraph.
DISCUSSION: The proposed amendment has been drafted for the Board's consideration, public
notice and implementation. This proposed amendment adds the level of safety that the State and
County was trying to accomplish but missed in COMAR 09.12.56. The state has been notified
and will be making the change in the next code cycle.
305.1-General. The provisions of this section shall apply to the design of barriers for restricting
entry into areas having pools and spas. Where spas or hot tubs are equipped with a lockable
safety cover complying with ASTM F1346 and swimming pools are equipped with a powered
safety cover complying with ASTM F1346, the areas where those spas, hot tubs or pools are
located shall NOT be required to comply with Sections 305.2-305.7. I am asking to remove the
word NOT so it now will read "shall be required to comply with Sections 305.2-305.7".
FISCAL IMPACT: Cost to contractor and/or homeowner.
CONCURRENCES: County Attorney
ALTERNATIVES: Leave the code as is.
ATTACHMENTS: Maryland COMAR 09.12.56 Maryland Swimming Pool and Spa
Standards, Section 305.1, International Swimming Pool and Spa Code and local amendment.
GENERAL COMPLIANCE
303.1.2 Time switches. Time switches or other control
methods that can automatically turn off and on heaters
and pump motors according to a preset schedule shall be
installed for heaters and pump motors. Heaters and pump
motors that have built-in time switches shall be in compli-
ance with this section.
Exceptions:
1. Where public health standards require 24-hour
pump operation.
2. Pumps that operate solar- or waste -heat recov-
ery pool heating systems.
303.1.3 Covers. Outdoor heated pools and outdoor
permanent spas shall be provided with a vapor -retardant
cover or other approved vapor -retardant means in accor-
dance with Section 104.12.
Exception: Where more than 70 percent of the energy
for heating, computed over an operating season, is
from a heat pump or solar energy source, covers or
other vapor -retardant means shall not be required.
303.2 Portable spas. The energy consumption of electric -
powered portable spas shalt be controlled by the require-
ments of APSP 14.
303.3 Residential pools and permanent residential spas.
The energy consumption of residential swimming pools and
permanent residential spas shall be controlled in accordance
with the requirements ofAPSP 15.
SECTION 304
FLOOD HAZARD AREAS
304.1 General. The provisions of Section 304 shall control
the design and construction of pools and spas installed in
flood hazard areas.
[BS] 304.2 Determination of impacts based on location.
Pools and spas located in flood hazard areas indicated
within the International Building Code or the International
Residential Code shall comply with Section 304.2.1 or
304.2.2.
Exception: Pools and spas located in riverine flood
hazard areas that are outside of designated floodways
and pools and spas located in flood hazard areas where
the source of flooding is tides, storm surges or coastal
storms.
[BS] 304.2.1 Pools and spas located in designated
floodways. Where pools and spas are located in desig-
nated floodways, documentation shall be submitted to the
code official that demonstrates that the construction of the
pools and spas will not increase the design flood elevation
at any point within the jurisdiction.
[BS] 304.2.2 Pools and spas located where floodways
have not been designated. Where pools and spas are
located where design flood elevations are specified but
floodways have not been designated, the applicant shall
provide a floodway analysis that demonstrates that the
proposed pool or spa and any associated grading and fill-
ing, will not increase the design flood elevation more than
I foot (305 mm) at any point within the jurisdiction.
[BSJ 304.3 Pools and spas in coastal high -hazard areas.
Pools and spas hnstalled in coastal high -hazard areas shall be
designed and constructed in accordance with ASCE 24.
[BS] 304.4 Protection of equipment. Equipment shall be
elevated to or above the design flood elevation or be
anchored to prevent flotation and protected to prevent water
from entering or accumulating within the components during
conditions of flooding.
304.5 GFCI protection. Electrical equipment installed
below the design flood elevation shall be supplied by branch
circuits that have ground -fault circuit interrupter protection
for personnel. �9 b
4d SECTION 305
BARRIER REQUIREMENTS
305.1 General. The provisions of this section shall apply to
the design of barriers for restricting entry into areas ]raving
pools and spas. Where spas or hot tubs are equipped with a
lockable safety cover complying with ASTM F1346 and
swinuning pools are equipped with a powered safety cover
that complies with ASTM F 1346, the areas where those spas,
hot tubs or pools are located shall not be required to comply
with Sections 305.2 through 305.7.
305.1.1 Construction fencing required. The construc-
tion sites for in -ground swimming pools and spas shall be
provided with construction fencing to surround the site
from the time that any excavation occurs up to the time
that the permanent barrier is completed. The fencing shall
be not less than 4 feet (1219 mm) in height.
305.2 Outdoor swimming pools and spas. Outdoor pools
and spas and indoor swimming pools shall be surrounded by
a barrier that complies with Sections 305.2.1 through 305.7.
305.2.1 Barrier height and clearances. Barrier heights
and clearances shall be in accordance with all of the
following:
I. The top of the barrier shall be not less than 48
inches (1219 mm) above grade where measured
on the side of the barrier that faces away from the
pool or spa. Such height shall exist around the
entire perimeter of the barrier and for a distance of
3 feet (914 mm) measured horizontally from the
outside of fire required barrier.
2. The vertical clearance between grade and the
bottom of the barrier shall not exceed 2 inches (51
rum) for grade surfaces that are not solid, such as
grass or gravel, where measured on the side of the
barrier that faces away from the pool or spa.
3. The vertical clearance between a surface. below
the barrier to a solid surface, such as concrete, and
the bottom of the required barrier shall not exceed
4 inches (102 mm) where measured on the side of
the required barrier that faces away from the pool
or spa.
3.2 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE
PROPOSED ACTION ON REGULATIONS
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
Many small businesses provide notary public services. These
regulatory changes allow notaries public to increase the fee for their
services; however, the increased application fee will cause a notary to
pay $16 additional for their 4-year term as a notary. The increased
notary fee should allow the notary to offset this increased application
cost over their 4-year term.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Continent
Comments may be sent to Michael Schlein, Division Administrator,
Charities and Legal Services Division, Office of the Secretary of State,
16 Francis Street, Annapolis, MD 21401, or call 410-260-3863, or
email to michael.shclein@nnaryland.gov. Comments will be accepted
through December 18, 2023. A public hearing has not been scheduled.
.02 Charges and Fees
A. A notary public may demand and receive a fee of no more than
the following for the performance of an original notarial act:
(1) 1S61 S8 for the performance of a notarial act; or
(2) 1S251 $30 for the performance of a remote notarial act.
B. When a notary public is requested to notarize more than one copy
of the same record, where the copy or copies have been signed at the
same time by the same person or persons, the notary may demand and
receive [$61 $8 for notarizing each signature on the original or first
copy of the record, and may demand and receive [$31 S4 for each
signature on each additional copy of the same record.
C.E. (text unchanged)
.03 Processing Fee.
Each application for an original or renewal appointment as a notary
public shall be accompanied by a processing fee of 1$91 $25 payable
to the Secretary of State.
.09 Change in Name, Address, or Entail Information.
Notaries public are required to notify the Office of the Secretary of
State within 30 days if, at any time during their commission, a notary
public changes their:
A.—D. (text unchanged)
E. lElectronicl Personal electronic mail (email) address;
F. Business phone number; fort
G. Business address, ifone nns provided at the time gfapplication;
H. Business electronic mail (email) address, ifone was provided at
the time ofopplication; or
[G.]1. (text unchanged)
.10 Electronic Mail Communications.
Effective January 1, 2021, and except for correspondence relating
to enforcement actions, the Office of the Secretary of State will send
all communications to notaries public using electronic mail only. Each
notary public is responsible for ensuring the Office of the Secretary of
State has a current and active personal email address.
SUSAN C. LEE
Secretary of State
1007
Title 09
MARY LAND DEPARTMENT
Subtitle 12 DIVISION OF LABOR AND
INDUSTRY
09.IZ56 Maryland Swimming Pool and Spa
Standards
Aulhufil. Public Safety Article, §§12-1203 and 12-1207(o)(2), Annotated
Code of ,Maryland
Notice of Proposed Action
[23-249-P-1]
The Secretary of Labor proposes to adopt new Regulations .01—
.05 under a new chapter, COMAR 09.12.56 Maryland Swimming
Pool and Spa Standards.
Statement of Purpose
The purpose of this action is to incorporate by reference the first
edition of the most recent version of the International Swimming Pool
and Spa Code as the Maryland Swimming Pool and Spa Standards.
This action also clarifies when the new Standards apply, amends the
adopted code to replace references with the appropriate Maryland
Accessibility and Fire Prevention Codes, and increases public pool
barrier height requirements to match the existing the Maryland
Department of Health requirements.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact oil small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact oil individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Misclielle F Vanreusel, Deputy
Commissioner, Division of Labor and Industry, 10946 Golden West
Drive, Suite 160, Hunt Valley, MD 21031, or call 410-767-2225, or
email to dli.regulations+pool a)maryland.gov. Comments will be
accepted through December 18, 2023. A public hearing on the
amendments will be held on December 7, 2023, at 10 a.m., at 10946
Golden West Drive, Suite 160, Hunt Valley, MD 21031. Additional
details will be posted at littps://www.labor.ntarylatid.gov/labor/build/.
Editor's Note on Incorporation by Reference
Pursuant to State Government Article, §7-207, Annotated Code of
Maryland, the_2021 International Pool and Spa Code (ISPSC),
International Code Council, has been declared a document generally
available to the public and appropriate for incorporation by reference.
For this reason, it will not be printed in the Maryland Register or the
Code of Maryland Regulations (COMAR). Copies of this document
are filed in special public depositories located throughout the State. A
list of these depositories was published in 50:1 Md. R. 7 (January 13,
2023), and is available online at www.dsd.state.md.us. The document
may also be inspected at the office of the Division of State Documents,
16 Francis Street, Annapolis, Maryland 21401.
MARYLAND REGISTER, VOLUME 50, ISSUE 23, FRIDAY, NOVEMBER 17, 2023
PROPOSED ACTION ON REGULATIONS
1008
.01 Purpose.
Thepupose of this chapter is to adopt the International Swimming
Pool and Spa Code (ISPSC).
.02 Scope.
A. Except as provided in §B of this regulation, the Standards shall
apply to all swimming pools and spas for which an applicationfor a
building permit is received by a local jurisdiction on or otter
December 31, 2023.
B. The Standards adopted under this chapter do not apply to a
sseinoning pool or spa built and in operation before December 31,
2023, unless there is an aheratioh or repair tat results in a substantial
and material structural change to the swimming pool or spa that
occurs on or aJler December 31, 2023.
C If there is an alteration or repair to a swinuningpool a?- spa built
and in operation before December 31, 2023, that results in a
substantial ormaterial structural change, the alteration or repair shall
conform to the Stardadds.
.03 Incorporation by Reference.
The 2021 International Swimming Pool and Spa Code (ISPSC),
international Code Council, is incotparated by reference.
.04 Definftions.
"Substantial aid material structural change" means an alteration
or repair that:
A. Increases 11re volume of the swimming pool tar spa by 15 percent
or more; at-
B. Decreases the jiow capacity of the swimming pool or spa by 15
percent or more.
.05 Antendnents.
A. Chapter 3. Rename Section 305.2 to "Applicability'• and replace
the test with thefollowtng:
(1) A public swinnring pool or spa .shall be surrounded by a
barrier that complies with Sections 305.2.1 through 305.7, except that
the top of the barrier where measured on the side of the barrier that
faces awayfiam the swinmingpool o•spa shall be not less than:
(a) 72 inches (1828mn) above grade for a Class A, B, or D
swimming pool arson;
(b) 60 inches (1524nun) above grade for a Class C at- E
suInningpool or spa; and
(c) 36 inches (914.4nun) above grade for a wadingpool.
(2) Non-public outdoor swinning pools and spas and indoor
swimming pools shall be surrounded by a barrier that complies with
Sections 305.2.1 through 305.7.
B. In Section 307.1.4, where "International Building Code"
appears, substitute "Moyland Accessibility Code" and, where "ICC
A117.1 "appears, substitute 'Sblaryland Accessibility Code".
C. In Section 324.7.1, where "International Fire Code" appears,
substitute "Alatylmhd State Fire Prnvnlior Code. "
PORTIA NPU
Secretary of Labor
Title 14
INDEPENDENT AGENCIES
Subtitle 22 COMMISSION ON
CRIMINAL SENTENCING POLICY
14.22.01 General Regulations
Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland
Notice of Proposed Action
[23-241-P]
The Maryland State Commission on Criminal Sentencing Policy
proposes to amend Regulations .02, .03, and .07—,11 under COAIAR
14.22.01 General Regulations. This action was. considered at an open
meeting on September 12, 2023, notice ofwhich was provided in 50:17
Md. R. 782 (August 25, 2023).
Statement of Purpose
The purpose of this action is threefold. The first purpose is to
modify Regulation .02 under COMAR 14.22.01 General Regulations
to add the definition of a feigned weapon and to clarify that sentences
to probation before judgement (PBJ) pursuant to either CP, §6-220(b)
or CP, §6-220(c) are included in the definition of adjudications.
Regarding the latter, Ch. 711 (S.B. 211), Acts of 2023, amends CP, §6-
220 to create an additional type of PBJ that allows offenders to plead
not guilty while still maintaining the benefits of a traditional PBJ. The
new PBJ will be codified in CP, §6-220(c), effective October 1, 2023.
The traditional PBJ will continue to be codified in CP, § 6-220(b). The
second purpose of this action is to modify Regulations .02, .03, .07,
.08, .09, .10, and .1 I under COMAR 14.22.01 General Regulations to
replace references to "adjudication of guilt" with "adjudication",
"convicted offensc" with `offense", and "conviction" with
"adjudication" or "offense" in instances where. the intended meaning
of "conviction" includes PBJs pursuant to either CP, §6-220(b) or CP,
§6-220(c). Finally, the third purpose of this action is to modify
Regulation .09 under COMAR 14.22.01 General Regulations to
specify that a feigned weapon shall be scored 1 point under part C
(weapon presence) of the offense score.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to David Soule, Executive Director,
Maryland State Commission on Criminal Sentencing Policy, 4511
Knox Rd., Suite 309, College Park, MD 20740, or call 301403-4165,
or emailto dsoule@umd.edu. Comments will be accepted through
December 18, 2023. A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Temps Defined.
(1) "Adjudication" includes a:
(a"c) (text unchanged)
MARYLAND REGISTER, VOLUME 50, ISSUE 23, FRIDAY, NOVEMBER 17, 2023
ORDINANCE NO. ORD-2024-___
AN ORDINANCE TO ADOPT AND ENACT THE MARYLAND SWIMMING POOL
AND SPA STANDARDS, INCORPORATING THE 2021 INTERNATIONAL SWIMMING
POOL AND SPA CODE, AS PROMULGATED BY THE INTERNATIONAL CODE
COUNCIL
RECITALS
Pursuant to MD Code, Public Safety §12-1205, the Board of County Commissioners of
Washington County, Maryland (the “Board”) adopted by Ordinance No. ORD-2024-34 the
Maryland Swimming Pool and Spa Standards, under MD Code, Public Safety Title 12, Subtitle 12.
Per Code of Maryland Regulations 09.12.56.05, the Maryland Swimming Pool and Spa Standards
incorporates therein the 2021 International Swimming Pool and Spa Code (ISPSC 2021), as
promulgated by the International Code Council.
It has been recommended that the Board adopt an amendment to these Maryland
Swimming Pool and Spa Standards as it regards to barrier requirements of pools, spas, and hot tubs.
A public hearing was held on August 27, 2024, following due notice, pursuant to MD Code,
Local Gov’t §§ 9-105 and 13-901. Public comment was received, reviewed, and considered
concerning the adoption of the 2021 International Swimming Pool and Spa Code, as promulgated
by the International Code Council as the Maryland Swimming Pool and Spa Standards (COMAR
09.12.56) with local amendments.
NOW, THEREFORE, BE IT ORDAINED that ORD-2024-34 adopting the Maryland
Swimming Pool and Spa Standards, incorporating therein the 2021 International Swimming Pool
and Spa Code, as promulgated by the International Code Council, for Washington County, the
contents of which are incorporated herein by reference, is amended with the following
local amendments:
Section 305.1 amended
~~~~~~~~~~~~~~~
CHAPTER 3 – GENERAL COMPLIANCE, is amended as follows:
SECTION 305, BARRIER REQUIRMENTS, is amended as follows:
Section 305.1 General is added to read as follows:
305.1 The provisions of this section shall apply to the design of barriers for
restricting entry into areas having pools and spas. Regardless of whether spas or hot
tubs are equipped with a lockable safety cover complying with ASTM F1346 or
swimming pools are equipped with a powered safety cover that complies with ASTM
F1346, the areas where spas, hot tubs or pools are located shall be required to comply
with Sections 305.2 through 305.7.
Adopted this ____ day of ___________ 2024.
Effective the 27th day of August, 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
___________________________________ _______________________________________
Dawn L. Marcus , Clerk John F. Barr, President
Approved as to form and
legal sufficiency: Mail to:
Office of the County Attorney
___________________________________ 100 W. Washington Street, Suite 1101
Rosalinda Pascual Hagerstown, Maryland 21740
Deputy County Attorney
1
Open Session Item
SUBJECT: County Commissioners of Washington County Water Quality Bond,
Series 2024 (Tax-Exempt) Authorizing Resolution
PRESENTATION DATE: August 27, 2024
PRESENTATION BY: Lindsey A. Rader, Bond Counsel for Washington County
and Kelcee G. Mace, Chief Financial Officer
RECOMMENDED MOTION: Move to approve the resolution authorizing County
Commissioners of Washington County (the “County”) to issue and sell to the Maryland Water
Infrastructure Financing Administration (“MWIFA”) a general obligation bond in the maximum
original principal amount of $4,488,552 (the “Bond”) in order to finance or reimburse costs of
the project generally referred to as “Smithsburg WwTP – ENR Upgrades” (the “Project”) and to
enter into a loan agreement with MWIFA , as presented.
REPORT-IN-BRIEF: Certain provisions of the Environment Article of the
Annotated Code of Maryland and the County Code authorize and empower the County to issue
one or more general obligation bonds to MWIFA at private sale, without public bidding, in order
to evidence a loan or loans from MWIFA for wastewater system facility purposes. The Project
meets such legislative requirements, and MWIFA has agreed to loan the County money in an
original principal amount not to exceed $4,488,552 for Project purposes pursuant to a loan
agreement to be entered into by MWIFA and the County. The loan will be evidenced by the
single Bond issued by the County to MWIFA. The President of the Board of County
Commissioners (the “Board”), with the advice of the County’s Chief Financial Officer, is
authorized to determine the final original principal amount of the Bond and to approve the
amortization schedule for the Bond referred to in “DISCUSSION” below within the limitations
provided for in the resolution. The resolution also provides for one or more specified officials to
take certain actions in the event of a vacancy in the position of an identified official or in the
absence, disability or unavailability of an identified official, as described therein.
DISCUSSION: MWIFA loans bear below market interest rates. Interest on the
Bond will be tax-exempt for federal income tax purposes. The Bond will have a scheduled
amortization that ends no later than 20 years after the expected Project completion date that is
reflected in the executed loan agreement. Interest on the Bond will be determined by the
following formula: 50% of the average of the Bond Buyer 11-Bond Index for the calendar month
prior to the month in which the Bond is delivered; the resulting rate may be rounded down by
MWIFA in its discretion. (For informational purposes only, tax-exempt MWIFA loans closing
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
2
in August 2024 for which the interest rate is set by the same formula bear interest at the rate of
1.90% per annum; there is no guarantee that the index by which the interest rate will be
determined for the Bond will remain steady until the time that rate is set.) Although wastewater
system revenues are anticipated to be used to pay debt service on the Bond, the County will
pledge its full faith and credit and unlimited taxing power to payment of the Bond. As required
by the statute governing MWIFA and as provided in the resolution, certain system revenues must
be identified in the loan agreement as “dedicated revenues.” Among other remedies available to
MWIFA, the Bond will be subject to acceleration at MWIFA’s discretion upon an event of
default under the loan agreement and, in such event, the County will be subject to late charges
and payment of interest on unpaid amounts at a default rate. The County will pledge any moneys
that it is entitled to receive from the State of Maryland (including the County’s share of income
tax revenues collected by the State) to secure its obligations under the loan agreement. The
President of the Board, the County Administrator and the Chief Financial Officer are each
designated as an “Authorized Officer” for purposes of the loan agreement. Certain officials and
employees are authorized to request advances of loan proceeds/draws on the Bond as provided in
the resolution.
FISCAL IMPACT: Use of Bond proceeds has been included in the County’s annual
debt affordability analysis.
CONCURRENCES: Michelle Gordon, County Administrator, Mark Bradshaw, Director
of Engineering Services for Water Quality, and Zachary J. Kieffer, County Attorney.
ALTERNATIVES: If the resolution is not approved, it will be necessary to determine
alternative funding for the Project, which is already in progress.
ATTACHMENTS: Resolution and associated budget adjustment for loan proceeds.
AUDIO/VISUAL NEEDS: N/A
RESOLUTION NO. RS-24-____
A RESOLUTION AUTHORIZING AND EMPOWERING COUNTY COMMISSIONERS OF
WASHINGTON COUNTY (THE “COUNTY”) TO ISSUE AND SELL, UPON ITS FULL
FAITH AND CREDIT, TO THE MARYLAND WATER INFRASTRUCTURE FINANCING
ADMINISTRATION (THE “ADMINISTRATION”) A GENERAL OBLIGATION BOND IN
ORIGINAL PRINCIPAL AMOUNT NOT TO EXCEED $4,488,552.00, PURSUANT TO THE
AUTHORITY OF TITLE 6 OF THE CODE OF PUBLIC LOCAL LAWS OF WASHINGTON
COUNTY AND SECTIONS 9-1601 TO 9-1622, INCLUSIVE, OF THE ENVIRONMENT
ARTICLE OF THE ANNOTATED CODE OF MARYLAND; SUCH BOND TO BE
DESIGNATED AS PROVIDED HEREIN AND THE PROCEEDS THEREOF TO BE APPLIED
TO FINANCE OR REIMBURSE COSTS OF THE PROJECT GENERALLY REFERRED TO
IN COUNTY BUDGET MATERIALS AS “SMITHSBURG WwTP - ENR UPGRADES,”
TOGETHER WITH RELATED COSTS AND FINANCING COSTS, ALL TO THE EXTENT
PERMITTED BY THE ADMINISTRATION; APPROVING THE SUBSTANTIALLY FINAL
FORM OF THE BOND AND PROVIDING FOR THE COMPLETION, EXECUTION AND
DELIVERY OF THE BOND; APPROVING OR PROVIDING FOR THE TERMS AND
CONDITIONS FOR THE ISSUANCE AND SALE OF THE BOND TO THE
ADMINISTRATION BY PRIVATE SALE, WITHOUT PUBLIC BIDDING, AND OTHER
DETAILS INCIDENT THERETO, AND AUTHORIZING CERTAIN OFFICIALS TO
DETERMINE CERTAIN DETAILS OF THE BOND, ALL WITHIN THE PARAMETERS
PROVIDED FOR IN THIS RESOLUTION; APPROVING THE SUBSTANTIALLY FINAL
FORM OF A LOAN AGREEMENT WITH THE ADMINISTRATION, AND AUTHORIZING
AND DIRECTING THE COMPLETION, EXECUTION AND DELIVERY OF SUCH LOAN
AGREEMENT; AUTHORIZING AND DIRECTING THE PAYMENT OF FEES OR COSTS
PROVIDED FOR IN THE LOAN AGREEMENT THAT ARE NOT PAYABLE FROM BOND
PROCEEDS; PLEDGING ANY MONEYS THAT THE COUNTY IS ENTITLED TO RECEIVE
FROM THE STATE OF MARYLAND, INCLUDING THE COUNTY’S SHARE OF INCOME
TAX REVENUES, TO SECURE ITS OBLIGATIONS UNDER THE LOAN AGREEMENT;
ACKNOWLEDGING THE RIGHT OF THE ADMINISTRATION TO ACCELERATE
PAYMENT OF THE BOND UPON A DEFAULT UNDER THE LOAN AGREEMENT;
AUTHORIZING CERTAIN OFFICIALS TO TAKE CERTAIN ACTIONS UNDER THE LOAN
AGREEMENT AND IN CONNECTION WITH THE ISSUANCE OF THE BOND;
PROVIDING FOR THE DISBURSEMENT OF ADVANCES OF THE BOND; PLEDGING THE
FULL FAITH AND CREDIT AND UNLIMITED TAXING POWER OF THE COUNTY TO
THE PAYMENT OF THE BOND AND PROVIDING THAT, IN THE EVENT THAT OTHER
FUNDS AVAILABLE TO THE COUNTY ARE INSUFFICIENT TO PAY THE PRINCIPAL
OF AND INTEREST ON THE BOND, THE COUNTY SHALL LEVY AND COLLECT AD
VALOREM TAXES UPON ALL THE LEGALLY ASSESSABLE PROPERTY WITHIN
WASHINGTON COUNTY SUFFICIENT TO PROVIDE FOR SUCH PAYMENTS WHEN
DUE; PROVIDING FOR PAYMENT OF DEBT SERVICE ON THE BOND IN THE FIRST
INSTANCE FROM AN INDICATED SOURCE; MAKING OR PROVIDING FOR THE
MAKING OF CERTAIN ELECTIONS, COVENANTS OR DETERMINATIONS
PERTAINING TO THE TAX-EXEMPT STATUS OF THE BOND; MAKING CERTAIN
FINDINGS CONCERNING A DEBT LIMITATION; SETTING FORTH CERTAIN RULES OF
CONSTRUCTION, INCLUDING PROVIDING FOR CERTAIN OFFICIALS TO ACT IN THE
EVENT OF A VACANCY IN THE POSITION OF AN IDENTIFIED OFFICIAL OR IN THE
ABSENCE, DISABILITY OR UNAVAILABILITY OF SUCH IDENTIFIED OFFICIAL;
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PROVIDING THAT THE PROVISIONS OF THIS RESOLUTION SHALL BE LIBERALLY
CONSTRUED; AND OTHERWISE GENERALLY RELATING TO THE ISSUANCE, SALE,
DELIVERY AND PAYMENT OF THE BOND AUTHORIZED HEREBY.
R E C I T A L S
County Commissioners of Washington County, a body politic and corporate and a political
subdivision of the State of Maryland (the “County”), has determined to undertake a project
generally referred to in County budget materials as “Smithsburg WwTP – ENR Upgrades” or by
similar names (the “Project”) and, in connection with such undertaking, to acquire or pay for, as
applicable, necessary property rights and equipment; related site and utility improvements; related
architectural, engineering, planning, design, study, document development, bidding, permitting,
acquisition, construction, improvement, installation, modification, expansion, demolition,
removal, renovation, reconstruction, rehabilitation, replacement, equipping, furnishing, inspection
and construction management expenses; costs of related activities, improvements and
appurtenances; related financial, administrative and legal expenses; and contingencies; and has
determined to borrow money for the public purpose of financing or reimbursing all or a portion of
the costs of any one or more components of any such activities in whole or in part, including costs
of issuance relating to any such borrowing and any related costs (collectively, “Costs of the
Project”).
Title 6 of the Code of Public Local Laws of Washington County, as replaced, supplemented
or amended (the “Water and Sewer Act”), authorizes and empowers the County to issue and sell
its bonds upon the full faith and credit of the County to provide funds for the design, construction,
establishment, purchase or condemnation of water, sewerage and drainage systems.
Title VI of the Federal Water Pollution Control Act (commonly known as the “Clean Water
Act”), as amended by the Water Quality Act of 1987 (“Title VI”), authorizes the United States
Environmental Protection Agency (the “EPA”) to award grants to qualifying states to establish and
capitalize state water pollution control revolving funds (“SRFs”) for the purpose of providing loans
and other forms of financial assistance to finance, among other things, the construction of publicly-
owned wastewater treatment facilities, and the implementation of estuary conservation
management plans and nonpoint source management programs.
As contemplated by Title VI, the General Assembly of Maryland at its 1988 session
enacted the Maryland Water Infrastructure Financing Administration Act (previously known as
the Maryland Water Quality Financing Administration Act), codified at Sections 9-1601 through
9-1622, inclusive, of the Environment Article of the Annotated Code of Maryland (as replaced,
supplemented or amended, the “MWIFA Act”), establishing the Maryland Water Infrastructure
Financing Administration (previously known as the Maryland Water Quality Financing
Administration, and referred to in this Resolution as the “Administration”) and establishing an
SRF designated the Maryland Water Quality Revolving Loan Fund (the “SRF Fund”) to be
maintained and administered by the Administration.
The MWIFA Act authorizes the Administration, among other things, to make a loan from
the SRF Fund to a “local government” (as defined in the MWIFA Act) for the purpose of financing
or refinancing all or a portion of the cost of a “wastewater facility” project (as defined in the
MWIFA Act).
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The MWIFA Act authorizes a local government to issue one or more bonds, notes or other
evidences of obligation (each, a “loan obligation” as defined in the MWIFA Act) to evidence its
indebtedness under a loan agreement with respect to a loan from the Administration, to sell any
such bond, note or other evidence of obligation to the Administration at private sale, without public
bidding, and to establish a dedicated source of revenues for repayment of such loan.
The County is a “local government” within the meaning of the MWIFA Act, and the Project
is a “wastewater facility” project within the meaning of the MWIFA Act and a “project” relating
to a “sewerage system” within the meaning of the Water and Sewer Act, and the County has
applied to the Administration for a loan from the SRF Fund for Project purposes.
Pursuant to the authority of the Water and Sewer Act and the MWIFA Act, the County has
determined to borrow money from the Administration for the public purpose of financing or
reimbursing costs of the Project or such components of the Project as the Administration shall
approve.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF WASHINGTON COUNTY:
Section 1. (a) The Recitals to this Resolution are incorporated by reference herein
and deemed a substantive part of this Resolution. Capitalized terms used in the Sections of this
Resolution that are not defined therein 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 the Public Local Laws of Washington County, Maryland (the
“County Code”) or other applicable law or authority to act in such titled official’s stead in the event
of a vacancy in such position or during the absence, disability or unavailability 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. For example, (i) the
County Code provides for a County Finance Officer who is the director of the Office of Budget and
Finance, but the person filling such position is now commonly referred to as the Chief Financial
Officer of the County (the “Chief Financial Officer”), and (ii) the County Clerk of the County (the
“County Clerk”) is also sometimes referred to as the Clerk to the Board of County Commissioners.
(c) References to the President (as defined in Section 3(b) of this Resolution) shall be
construed to refer to (i) the Vice President (the “Vice President”) of the Board (as defined in
subsection (f) below) in the event the position of the President is vacant or in the absence, disability
or unavailability of the President at the time the President is authorized to take any action in
accordance with the provisions of this Resolution, or (ii) the County Administrator of the County (the
“County Administrator”) in the event that the positions of both the President and the Vice President
are vacant or in the absence, disability or unavailability of both the President and the Vice President
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at the time the President is authorized to take any action in accordance with the provisions of this
Resolution; provided that, the County Administrator may not both execute the Bond (as defined in
Section 3(b) of this Resolution) and/or the Loan Agreement (as defined in Section 2(b) of this
Resolution) on behalf of the County and attest to the impression, affixing or imprinting of the County
seal thereon in accordance with subsection (e) below.
(d) Except as otherwise expressly provided with respect to the specified officials
authorized to requisition advances as provided for in Section 5(b) of this Resolution, in the event the
position of the Chief Financial Officer is vacant or in the absence, disability or unavailability of the
Chief Financial Officer at the time the Chief Financial Officer is authorized to take any actions or
provide any advice in accordance with the provisions of this Resolution, and if no official has
applicable authority pursuant to the provisions of subsection (b) above, such actions or advice shall
be taken or given by the Director of Budget and Finance of the County (the “Director of Budget and
Finance”) unless authority for the matter in question has been assigned to another County official or
employee in accordance with Section 2-302 of the County Code.
(e) In the event the position of the County Clerk is vacant or in the absence, disability or
unavailability of the County Clerk, and if no other official has authority pursuant to the provisions of
subsection (b) above to attest to the impression, affixing or imprinting of the County seal on the Bond
or any instruments, documents or certificates relating to the Bond, but subject to the provisions of
subsection (c) above, pursuant to the authority of Resolution No. RS-23-13 adopted by the Board on
April 4, 2023, the County Administrator shall attest to the impression, affixing or imprinting of the
County seal on the Bond and on any instruments, documents or certificates relating to the Bond
providing for such attestation; provided that, in such case, if the County Administrator executes the
Bond and the Loan Agreement in accordance with subsection (c) above, the Director of Budget and
Finance shall attest to any impression, affixing or imprinting of the County seal thereon and on any
instruments, documents or certificates relating to the Bond providing for such attestation. In addition,
pursuant to Section 1-104(c)(7) of the County Code, in the event the position of the County Clerk is
vacant or in the absence, disability or unavailability of the County Clerk, and if no other official has
applicable authority pursuant to the provisions of subsection (b) above, the Board hereby assigns to
the County Administrator or to the County Administrator’s designee the power to certify as to, or to
make representations as to, matters in any instruments, documents or certificates relating to the Bond
that are typically made by the County Clerk with respect to County obligations in the nature of the
Bond.
(f) References to the Project and to Costs of the Project in this Resolution are intended
to include any modifications or amendments to components of the Project and costs thereof
provided for in the County budget or capital improvement program or through other applicable
actions of the Board of County Commissioners of Washington County, the governing body of the
County (the “Board”), provided that any such modifications or amendments to be paid from
proceeds of the Bond are permitted by the Administration.
(g) References in this Resolution to officials of the County shall be construed to also refer
to employees of the County, to the extent applicable.
(h) To the extent that applicable laws, orders, regulations or other authority allow for
signatures of County officials to be made by facsimile, electronic or other means, the provisions of
such applicable laws, orders, regulations or other authority allowing signatures to be made in a manner
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other than manually shall apply to any signatures of County officials provided for in or contemplated
by this Resolution, including on this Resolution.
Section 2. (a) Pursuant to the authority of the Water and Sewer Act and the
MWIFA Act, the County hereby determines to borrow money and incur indebtedness for the public
purpose of financing or reimbursing Costs of the Project, all to the extent permitted by the
Administration. The total Costs of the Project not otherwise payable from other sources is not
expected to exceed Four Million Four Hundred Eighty-Eight Thousand Five Hundred Fifty-Two
Dollars ($4,488,552.00).
(b) As contemplated by the MWIFA Act, such borrowing and indebtedness shall be
made and incurred in accordance with the provisions of a loan agreement between the County and
the Administration (the “Loan Agreement”). The Loan Agreement shall be in substantially the
form of Exhibit A attached hereto and made a part hereof. The County is referred to in the Loan
Agreement as the “Borrower.” The Administration generally refers to the Project in various
materials, including in the Loan Agreement, with a project name of “Smithsburg Wastewater
Treatment Plant ENR Upgrade and Expansion” or similar names.
Section 3. (a) Pursuant to the authority of the Water and Sewer Act and the
MWIFA Act, and to evidence the payment obligations of the County under the Loan Agreement,
the County shall issue and sell, upon its full faith and credit, a series of general obligation bonds
in the form of a single installment bond for the public purpose of financing or reimbursing any one
or more components of Costs of the Project in whole or in part, all to the extent permitted by the
Administration.
(b) Such bond shall be issued in accordance with the Loan Agreement in the original
principal amount not to exceed Four Million Four Hundred Eighty-Eight Thousand Five Hundred
Fifty-Two Dollars ($4,488,552.00) and shall be designated as the “County Commissioners of
Washington County Water Quality Bond, Series 2024 (Tax-Exempt)” or by such additional or
different designation as may be required by the Administration (the “Bond”). The President of the
Board (the “President”), on behalf of the County, is hereby authorized and directed to determine and
approve the final original principal amount of the Bond, provided that the final original principal
amount of the Bond shall not exceed Four Million Four Hundred Eighty-Eight Thousand Five
Hundred Fifty-Two Dollars ($4,488,552.00), such determination and approval to be evidenced
conclusively by the President’s execution and delivery of the Bond reflecting such finally determined
original principal amount pursuant to subsection (k) below.
(c) The Bond shall be dated the date of its delivery and shall be issued in the form of a
single, fully registered bond, without coupons attached. The initially issued Bond shall be
numbered R-1. The Bond is referred to in the Loan Agreement as the “Note.”
(d) Subject to the provisions of subsections (f) and (g) below and the further provisions
of this subsection (d), the principal amount of the Bond advanced under the Loan Agreement shall be
paid in twenty (20) installments on February 1 in each of the years 2026 through 2045, inclusive,
in such amounts as shall be determined by the Administration to achieve, as nearly as possible,
roughly level debt service payments (on an annualized basis) after giving effect to the interest rate
provided for in subsection (e) of this Section 3. The President, with the advice of the Chief
Financial Officer, on behalf of the County, is hereby authorized and empowered to approve the
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amortization schedule for the Bond, calculated as described in this subsection (d), but subject to the
further provisions of subsection (f) below, provided that the final original principal amount of the
Bond does not exceed Four Million Four Hundred Eighty-Eight Thousand Five Hundred Fifty-Two
Dollars ($4,488,552.00), such approval to be evidenced conclusively by the President’s execution and
delivery of the Bond in final form in accordance with the provisions of subsection (k) below.
(e) The Bond, or so much of the principal amount thereof as shall have been advanced
from time to time under the terms of the Loan Agreement, shall bear interest from its dated date at an
annual rate of interest equal to 50% of the average of the Bond Buyer 11-Bond Index for the month
prior to the month in which the Bond is delivered, provided that the rate determined by such
calculation may be rounded down by the Administration in its sole discretion. Subject to the
provisions of subsection (f) below, interest due on the unpaid principal amounts advanced under the
Bond shall accrue on the basis of a 30-day month, 360-day year from the dates of the respective
advances of such principal amounts, and shall be paid on February 1, 2025, and semiannually
thereafter on the 1st day of August and February in each year until the entire principal amount of the
Bond has been paid.
(f) The payment dates provided for in the foregoing subsections (d) and (e) are based on
an anticipated date of delivery of the Bond in September 2024 and an estimated completion date for
the Project in July 2025. Notwithstanding the foregoing, in the event the Bond, for whatever reason,
is not delivered in September 2024, the estimated completion date for the Project is determined prior
to the date of delivery of the Bond to occur in a month earlier or later than July 2025, or the
Administration determines in accordance with its program requirements that a different amortization
schedule is necessary, the President, with the advice of the Chief Financial Officer, on behalf of the
County, is hereby authorized and directed to adjust and change such principal and interest payment
dates provided for or contemplated in subsections (d) and (e) above (including, without limitation, by
providing for a first minimum principal payment on a date specified by the Administration and/or by
otherwise adjusting the dates on which principal and/or interest will be due) and to approve the
amortization schedule for the Bond prepared by the Administration on a roughly level debt service
basis (on an annualized basis, and exclusive of any first minimum principal payment due on the Bond
specified by the Administration), all as required by the Administration in order to meet the
requirements of Section 9-1605(d)(1)(ii) of the MWIFA Act or to meet other requirements of the
Administration, provided that the final original principal amount of the Bond shall not exceed Four
Million Four Hundred Eighty-Eight Thousand Five Hundred Fifty-Two Dollars ($4,488,552.00),
such approval and adjustment to be evidenced conclusively by the President’s execution and delivery
of the Bond in final form in accordance with the provisions of subsection (k) below. The final
amortization schedule shall be for a term ending approximately twenty (20) years from the estimated
date of completion of the Project, taking into account the Administration’s standard annual principal
payment dates and semi-annual interest payment dates, and any one-time minimal principal payment
date, as well as the requirements of the MWIFA Act.
(g) If the Administration determines at any time following delivery of the Bond to reduce
the maximum amount of the Loan Commitment (as defined in the Loan Agreement) relating to the
Bond in accordance with Section 3.08 of the Loan Agreement, the Maximum Principal Amount (as
defined in the Bond) of the Bond shall be reduced accordingly and such Maximum Principal Amount
as so reduced shall be amortized as provided in the Loan Agreement. In such event, as determined
by the Administration, the County may execute and deliver (in the manner provided in subsection (k)
below for the original delivery of the Bond) a new Bond evidencing such reduction in the Loan
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Commitment and/or such other certificates, documents or instruments as the Administration may
require pursuant to Section 3.08 of the Loan Agreement. The President is hereby authorized and
directed to approve, execute and deliver any such other certificates, documents or instruments
required by the Administration under Section 3.08 of the Loan Agreement.
(h) The County shall pay (i) a late charge for any payment of principal of or interest on
the Bond that is received later than the tenth (10th) day following its due date, in an amount equal to
5% of such payment, and (ii) interest on overdue installments of principal and (to the extent permitted
by law) interest at a rate equal to the Default Rate provided for in the Loan Agreement, which Default
Rate shall be equal to 100% of the average of the Bond Buyer 11-Bond Index for the calendar month
prior to the month in which the Bond is delivered, provided that the rate determined by such
calculation may be rounded down by the Administration in its sole discretion. Amounts payable
pursuant to this subsection (h) shall be immediately due and payable to the Administration, and
interest at the Default Rate shall continue to accrue on overdue installments of principal and (to the
extent permitted by law) interest until such amounts are paid in full.
(i) The Bond shall be subject to prepayment prior to maturity only as provided in Section
3.10 of the Loan Agreement.
(j) Unless the Board provides otherwise by resolution adopted prior to delivery of the
Bond, the Bond shall be issued in substantially the form of Exhibit F to the substantially final form of
the Loan Agreement that is attached hereto as Exhibit A. Appropriate variations and insertions to
provide dates, numbers and amounts, and modifications not altering the substance of the Bond,
including, without limitation, to reflect matters determined in accordance with the other subsections
of this Section 3, may be made by the President, with the advice of the Chief Financial Officer. All
of the covenants contained in the form of Bond set forth as Exhibit F to the substantially final form
of the Loan Agreement attached hereto as Exhibit A, as the Bond may be finally completed as
provided herein, are hereby adopted by the County as and for the form of obligation to be incurred by
the County, and the covenants and conditions contained in the final form of the Bond as executed and
delivered are hereby made binding upon the County, including the promise to pay therein contained.
The execution of the Bond by the President shall be conclusive evidence of the approval by the
County of all changes in or additions to the form of the Bond and of the due execution of the Bond
by the County.
(k) The Bond shall be executed in the name of the County and on its behalf by the
President. The corporate seal of the County shall be affixed to the Bond and attested by the signature
of the County Clerk. In the event any official whose signature shall appear on the Bond shall cease
to be such official prior to the delivery of the Bond, or, in the event any such official whose
signature shall appear on the Bond shall have become such after the date of delivery thereof, the
Bond shall nevertheless be a valid and binding obligation of the County in accordance with its
terms.
(l) Both the principal of and interest on the Bond will be paid to the registered owner
thereof in lawful money of the United States of America, at the time of payment, and will be paid by
electronic funds transfer, or by check or draft mailed (by depositing such check or draft, correctly
addressed and postage prepaid, in the United States mail before the payment date) to the registered
owner at such address as the registered owner may designate from time to time by notice in writing
delivered to the Chief Financial Officer.
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(m) The Bond shall be transferable only after the first principal payment date as set forth
in the Bond or the date upon which the Maximum Principal Amount of the Bond has been borrowed,
whichever is earlier, as provided in the Bond and the Loan Agreement. The Bond shall be transferable
upon the books of the County at the office of the Chief Financial Officer, by the registered owner in
person or by his attorney duly authorized in writing, upon surrender thereof, together with a written
instrument of transfer satisfactory to the Chief Financial Officer, duly executed by such registered
owner or his duly authorized attorney. The County shall, within a reasonable time, issue in the name
of the transferee a new registered bond or bonds of the same series as the Bond surrendered, in such
denominations as the County shall by resolution approve, in an aggregate principal amount equal to
the unpaid principal amount of the bond or bonds surrendered and with the same maturity date and
installment payment dates and interest rate. If more than one bond is issued upon any such transfer
of the Bond, the installment of principal and interest to be paid on each such bond on each payment
date shall be equal to the product of the following formula: the total installment due on each payment
date multiplied by a fraction, the numerator of which shall be the principal amount of such bond and
the denominator of which shall be the aggregate principal amount of the bonds representing the Bond
then outstanding and unpaid. The new bond or bonds shall be delivered to the transferee only after
payment of any taxes on and any shipping or insurance expenses relating to such transfer. The County
may deem and treat the party in whose name a bond is registered as the absolute owner thereof for
the purpose of receiving payment of or on account of the principal thereof and interest due thereon
and for all other purposes. References in this Resolution to the Bond shall be deemed to refer to any
bond or bonds transferred for the Bond in accordance with the provisions of this subsection (m), and
references in this Resolution to the registered owner of the Bond shall be deemed to refer to any or
all of the registered owners of bonds of such series contemplated by this subsection (m). Any new
bond issued in transfer or exchange may be executed and sealed as provided in subsection (k) above
with respect to the original execution and delivery of the Bond, or as otherwise required by then-
applicable law, and appropriate changes may be made to the form of the bond delivered in transfer or
exchange to account for the dated date of such bond and, to the extent applicable, the then-outstanding
principal amount of such bond transferred or exchanged for the new bond.
(n) In the event of a discrepancy between the provisions of the Bond and this Resolution,
the provisions of the Bond shall control. The County agrees to abide by and perform the covenants
and agreements set forth in the Bond as finally executed and delivered in accordance with this Section
3 as though such covenants and agreements were set forth in full in this Resolution.
Section 4. (a) As authorized by the Water and Sewer Act and the MWIFA Act, the
County hereby determines to sell the Bond to the Administration by private sale, without public
bidding, which sale by private sale is hereby deemed by the County to be in its best interest and in the
interest of its citizens due, in part, to the benefit of the structure of the Bond as a draw-down obligation
and the beneficial interest rate. Therefore, and pursuant to the authority of the Water and Sewer Act
and the MWIFA Act, the Bond shall be sold to the Administration by private sale, without public
bidding, for a price of the principal amount of the Bond or so much of the principal amount of the
Bond as is advanced to the County, such purchase price to be advanced in accordance with the Loan
Agreement.
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(b) The Bond shall be sold to the Administration and the purchase price of the Bond shall
be advanced to the County in accordance with the Loan Agreement. The terms and conditions of the
Loan Agreement, as completed as provided in this Section 4, are hereby incorporated by reference
herein and approved by and adopted as the obligations of the County. The Bond is referred to in the
Loan Agreement as the “Note.”
(c) The substantially final form of the Loan Agreement attached hereto as Exhibit A
reflects the expectation, as of the date of introduction of this Resolution, that the final original
principal amount of the Bond will be Four Million Four Hundred Eighty-Eight Thousand Five
Hundred Fifty-Two Dollars ($4,488,552.00). The President, on behalf of the County, is hereby
authorized and directed to complete, execute and deliver the Loan Agreement for and in the name of
the County with such changes, insertions and deletions as are approved by such official to reflect
matters determined in accordance with the provisions of this Resolution, to comply with program
requirements of the Administration or to complete the exhibits to the substantially final form of the
Loan Agreement attached hereto, or as are determined by such official not to be materially adverse to
the interests of the County, such approval to be evidenced conclusively by such official’s execution
and delivery of the Loan Agreement in final form. To the extent required or provided for in the Loan
Agreement, the County Clerk shall attest to the affixing, impression or reproduction of the County
seal thereon.
(d) Notwithstanding anything to the contrary contained in this Resolution, advances under
the Loan Agreement or the Bond, payment or prepayment of the principal of and interest on the Bond,
and transfer or exchange of the Bond shall be made in accordance with the Loan Agreement.
(e) The County is hereby authorized and directed to pay any fees or costs provided for in
the Loan Agreement that are not payable from Bond proceeds, including, without limitation, any
Administrative Fee payments provided for in the Loan Agreement, and any other costs and expenses
relating to the Bond or the Loan Agreement. The County hereby expressly acknowledges its absolute
and unconditional obligation to make such payments.
(f) As authorized by Section 9-1606(d) of the MWIFA Act, the County hereby pledges
any moneys that the County is entitled to receive from the State of Maryland, including the County’s
share of the income tax revenues collected by the State, to secure its obligations under the Loan
Agreement, subject to any limitations on such pledge provided for in the Loan Agreement in
accordance with this Section 4. Such pledge shall be evidenced by and detailed in the Loan
Agreement.
(g) The County hereby acknowledges the provisions of Article IV of the Loan Agreement
(Events of Default and Remedies), which allow for, among other remedies, all payments on the Bond
to be declared immediately due and payable upon the occurrence of an Event of Default provided for
in such Loan Agreement.
(h) In the event of a discrepancy between the provisions of this Resolution and the Loan
Agreement, the provisions of the Loan Agreement shall control. The County agrees to abide by and
perform the covenants and agreements set forth in the Loan Agreement as finally executed and
delivered in accordance with this Section 4 as though such covenants and agreements were set forth
in full in this Resolution.
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Section 5. (a) As soon as may be practicable after the adoption of this Resolution,
the Bond shall be suitably prepared in definitive form, executed and delivered to the Administration
upon a date mutually satisfactory to the Administration and the Chief Financial Officer.
(b) Each of the following officials of the County: the Chief Financial Officer, the Director
of Budget and Finance, the Deputy Director of Budget and Finance of the County (the “Deputy
Director of Budget and Finance”), and the Senior Accountant in the Office of Budget and Finance
(the “Senior Accountant”) is hereby expressly authorized to take any necessary actions under the Loan
Agreement or the Bond in order to requisition advances on behalf of the County.
(c) Each of the President, the County Administrator and the Chief Financial Officer is
hereby expressly designated as an “Authorized Officer” for purposes of the Loan Agreement. By
voice vote, motion or other appropriate action, and for purposes of the Loan Agreement, the Board
may (i) designate one or more additional officials or employees as an Authorized Officer, or (ii)
remove the designation of any Authorized Officer, with or without designating another Authorized
Officer in place of the Authorized Officer whose designation was removed; written evidence of any
such designation, removal of designation or replacement designation shall be provided to the
Administration.
(d) The Board hereby ratifies, confirms and approves any actions taken to date by the
President, the Vice President, the County Administrator, the Chief Financial Officer, the Director of
Budget and Finance, the Deputy Director of Budget and Finance or the Senior Accountant in
connection with the transactions contemplated by this Resolution, including, without limitation, the
execution and delivery by the Chief Financial Officer of the Loan Proceeds Questionnaire and
Certificate pertaining to the Bond and the first cash draw request for proceeds of the Bond.
(e) The President, the Vice President, the County Administrator, the Chief Financial
Officer, the Director of Budget and Finance, the County Clerk, and all other appropriate officials of
the County are expressly authorized, empowered and directed to (i) take any and all action necessary
to complete and close the sale and delivery of the Bond, (ii) negotiate, approve, execute and deliver
all documents, certificates and instruments necessary or appropriate in connection therewith, and (iii)
carry out the transactions contemplated by this Resolution, any resolution amendatory of or
supplemental to this Resolution, any resolution adopted in furtherance of this Resolution, and any
such documents, certificates or instruments executed and delivered in connection with the issuance
of the Bond, all to the extent any particular action is within the scope of such official’s authority and
all to the extent authorization with respect to such particular action has not otherwise been expressly
delegated to one or more County officials by or in accordance with this Resolution.
Section 6. Each advance of the proceeds of the Bond shall be paid directly to the County
and shall be deposited by the Chief Financial Officer or other appropriate County official in the proper
account or accounts, or shall be paid at the direction of the Authorized Officer, or shall be paid as
otherwise required by the Administration. Advances under the Bond shall be used and applied by the
County exclusively and solely for the public purpose described in Section 2 hereof.
Section 7. (a) The full faith and credit and unlimited taxing power of the County are
hereby pledged to the prompt payment of the principal of and interest on the Bond as and when the
same are payable and to the levy and collection of the taxes hereinbelow described as and when such
taxes may become necessary in order to provide sufficient funds to meet the debt service requirements
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of the Bond. Subject to the further provisions of this Section 7, the County, in each and every year in
which the Bond may be outstanding, shall levy and collect ad valorem taxes upon all the legally
assessable property within the corporate limits of the County at a rate and in an amount sufficient to
provide for the payment of the principal of and interest on the Bond when due, and in the event the
proceeds from the taxes so levied in any fiscal year are inadequate for such purpose, the County shall
levy additional taxes in the succeeding fiscal year to make up any deficiency. The County hereby
covenants with the registered owner of the Bond to take any action that may be lawfully appropriate
from time to time during the period that the Bond remains outstanding and unpaid to provide the funds
necessary to pay promptly the principal and interest due thereon.
(b) Notwithstanding the provisions of subsection (a) above, the principal of and interest
on the Bond will be payable in the first instance from revenues of the wastewater system and the water
supply system (each within the meaning of the MWIFA Act) serving the County, including fees for
use of or connection to such systems or any special assessments or other charges imposed by the
County pursuant to the Water and Sewer Act, all to the extent available for such purpose; however,
such revenues are not specifically pledged to the payment of principal of and interest on the Bond.
To the extent of any funds received or receivable as described in this subsection (b) or subsection (c)
below in any fiscal year, the taxes required to be imposed in accordance with subsection (a) of this
Section 7 may be reduced proportionately.
(c) The foregoing provisions shall not be construed so as to prohibit the County from
paying the principal of and interest on the Bond from the proceeds of the sale of any other obligations
of the County or from any other funds legally available for that purpose. The County may apply to
the payment of the principal of or interest on the Bond any funds received by it from the State of
Maryland or the United States of America, or any governmental agency or instrumentality, or from
any other source, if such funds are granted or paid to the County for the purpose of assisting the
County in accomplishing the type of project or projects which the Bond are issued to finance,
reimburse or refinance or are otherwise available for such purpose. The provisions of this subsection
(c) are subject to the provisions of Section 8 of this Resolution.
(d) Wastewater system revenues (which may be referred to as sewer user charges in
the Loan Agreement) and water supply system revenues (which may be referred to water user
charges in the Loan Agreement) are intended to be the dedicated source of revenues required by
Section 9-1605(d)(1)(iii) of the MWIFA Act with respect to the Bond. Such revenues may be
referred to by similar, but not exact references, on any applicable exhibits to the Loan Agreement.
Section 8. (a) On the date of issuance of the Bond, the President and the Chief
Financial Officer shall be responsible for the execution and delivery to counsel rendering an
opinion on the validity of the Bond of a certificate of the County which complies with the
requirements of Section 103 and Sections 141 through 150, inclusive, including Section 148, of
the Code and the applicable regulations thereunder.
(b) The County shall set forth in said certificate its reasonable expectations as to
relevant facts, estimates and circumstances relating to the use of the proceeds of the Bond, or of
any moneys, securities or other obligations which may be deemed to be proceeds of the Bond
pursuant to Section 148 of the Code or the applicable regulations (collectively, the “Bond
Proceeds”). The County covenants with the registered owner of the Bond that the facts, estimates
and circumstances set forth in such certificate will be based on the County’s reasonable
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expectations on the date of issuance of the Bond and will be, to the best of the knowledge of the
persons executing such certificate, true, correct and complete as of that date.
(c) The County covenants with the registered owner of the Bond that it will not use, or
permit the use of any of, the Bond Proceeds or any other funds of the County, directly or indirectly,
to acquire any securities or obligations, and will not take or permit to be taken or fail to take any
other action or actions which would cause the Bond to be an “arbitrage bond” within the meaning
of said Section 148 and said regulations or that would otherwise cause the interest on the Bond to
be includable in gross income of the registered owner of the Bond for federal income tax purposes.
(d) The County further covenants that it will comply with said Section 148 and said
regulations and such other requirements of the Code which are applicable to the Bond on the date
of issuance of the Bond and which may subsequently lawfully be made applicable to the Bond.
(e) The County shall make timely payment of any rebate amount or payment in lieu
thereof (or installment thereof) required to be paid to the United States of America in order to
preserve the exclusion from gross income for purposes of federal income taxation of interest on
the Bond and shall include with any such payment such other documents, certificates or statements
as shall be required to be included therewith under then applicable law and regulations. Investment
proceeds (including interest earnings) of the Bond may be used to make any such payments.
(f) In connection with the execution and delivery of the certificate provided for in this
Section 8, the authorized officers provided for in this Section 8 are hereby authorized and empowered,
on behalf of the County, to make any designations, elections, determinations or filings on behalf of
the County provided for in or permitted by the Code and the regulations thereunder and to reflect the
same in the such certificate and/or the IRS Form 8038-G filed in connection with the issuance of the
Bond or any other documentation deemed appropriate by bond counsel to the County; provided that,
only one such identified officer must sign the IRS Form 8038-G.
(g) The President and the Chief Financial Officer may execute a certificate or
certificates supplementing or amending the certificate provided for in subsection (a) of this Section
8, and actions taken by the County subsequent to the execution of such certificate shall be in
accordance with said certificate as amended or supplemented; provided, however, that the County
shall execute any such certificate only upon receipt by it of an opinion of bond counsel addressed
to the County to the effect that actions taken by the County in accordance with the amending or
supplementing certificate will not adversely affect the exclusion from gross income for federal
income tax purposes of interest on the Bond.
(h) The County shall retain such records as necessary to document the investment and
expenditure of Bond Proceeds, the uses of Bond Proceeds and of the facilities and improvements
financed or reimbursed with such proceeds, together with such other records as may be required
by the tax certificate or the Internal Revenue Service in order to establish compliance with
requirements of the Code and the regulations thereunder as conditions to the exclusion from gross
income for federal income tax purposes of interest on the Bond.
Section 9. It is hereby determined that (i) the total unpaid bonded indebtedness of the
County issued pursuant to Section 6-401 of the Water and Sewer Act, less the amount of any
sinking funds or reserves for payment of any bonded indebtedness previously issued under such
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Section of the Water and Sewer Act at the date of adoption of this Resolution is $32,939,050; (ii)
the total assessed valuation of all property within Washington County subject to County taxation
as of the end of the fiscal year 2024 (the most recently concluded fiscal year of the County) was
$1,580,397,900; and (iii) the total amount of bonded indebtedness set out in clause (i) of this
Section, together with the maximum original principal amount of the Bond, will not exceed 10%
of the total assessed valuation specified in clause (ii) of this Section. Accordingly, it is hereby
found and determined that the issuance, sale, execution and delivery of the Bond is within the debt
limit provided for in the Water and Sewer Act.
Section 10. Notwithstanding anything to the contrary contained in this Resolution, the
County shall use and apply proceeds of the Bond only as permitted by the Loan Agreement, the
Clean Water Act and the MWIFA Act (which is referred to in the Loan Agreement as the “Act”).
Section 11. The provisions of this Resolution shall be liberally construed in order to
effectuate the transactions contemplated by this Resolution.
Section 12. This Resolution shall take effect from the date of its adoption.
Adopted this _______________ day of __________________, 2024.
(SEAL)
ATTEST: COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
__________________________ By:_____________________________
Dawn L. Marcus, County Clerk John F. Barr, President
Board of County Commissioners
of Washington County
Approved as to form and legal sufficiency:
__________________________
Zachary J. Kieffer
County Attorney
Mail to:
Office of the County Attorney
100 W. Washington Street, Suite 1101
Ha erstown, MD 21740
#236048;50052.047
EXHIBIT A
SUBSTANTIALLY FINAL FORM OF LOAN AGREEMENT
[See Attached]
2024 CW Tax-Exempt Loan Agreement
09/01/2024
LOAN AGREEMENT
By and Between
MARYLAND WATER INFRASTRUCTURE
FINANCING ADMINISTRATION
and
"Insert Name of Entity"
Dated as of "Insert Month and Day", 2024
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TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS
Section 1.01 Definitions............................................................................................. 2
Section 1.02 Rules of Construction ........................................................................... 5
ARTICLE II
REPRESENTATIONS AND COVENANTS OF BORROWER
Section 2.01 Representations of Borrower ................................................................ 6
Section 2.02 Particular Covenants of the Borrower................................................... 9
ARTICLE III
LOAN TO BORROWER; AMOUNTS PAYABLE; GENERAL AGREEMENTS
Section 3.01 The Loan ............................................................................................... 13
Section 3.02 Availability of Funds ............................................................................ 14
Section 3.03 Disbursements and Capitalized Interest ................................................ 14
Section 3.04 Amounts Payable .................................................................................. 15
Section 3.05 Sources of Payment............................................................................... 17
Section 3.06 Unconditional Obligations .................................................................... 18
Section 3.07 Loan Commitment ................................................................................ 18
Section 3.08 Reduction of Loan Commitment .......................................................... 18
Section 3.09 Disclaimer of Warranties ...................................................................... 19
Section 3.10 Prepayments .......................................................................................... 19
Section 3.11 Assignment ........................................................................................... 19
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ARTICLE IV
EVENTS OF DEFAULT AND REMEDIES
Section 4.01 Events of Default .................................................................................. 19
Section 4.02 Notice of Default ................................................................................... 20
Section 4.03 Remedies on Default ............................................................................. 20
Section 4.04 Attorneys’ Fees and Other Expenses .................................................... 21
Section 4.05 Application of Monies .......................................................................... 21
Section 4.06 No Remedy Exclusive; Waiver; Notice ................................................ 21
ARTICLE V
MISCELLANEOUS
Section 5.01 Notices .................................................................................................. 21
Section 5.02 Binding Effect ....................................................................................... 22
Section 5.03 Severability ........................................................................................... 22
Section 5.04 Execution in Counterparts ..................................................................... 22
Section 5.05 Applicable Law ..................................................................................... 22
Section 5.06 Captions ................................................................................................ 22
Section 5.07 Further Assurances................................................................................ 22
Section 5.08 Entire Agreement .................................................................................. 22
Section 5.09 Amendment of this Agreement ............................................................. 22
Section 5.10 Disclaimer of Relationships .................................................................. 22
Section 5.11 Effective Date ....................................................................................... 23
Section 5.12 Term of this Agreement ........................................................................ 23
Section 5.13 Delegation Not to Relieve Obligations ................................................. 23
Section 5.14 Additional Terms .................................................................................. 23
EXHIBIT A -- Special Conditions .........................................................................................A-1
EXHIBIT B -- Description of the Loan .................................................................................B-1
EXHIBIT C -- Project Budget ...............................................................................................C-1
EXHIBIT D -- Opinion of Borrower’s Counsel ....................................................................D-1
EXHIBIT E -- Description of Dedicated Revenues ...............................................................E-1
EXHIBIT F -- Form of Note ..................................................................................................F-1
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2024 CW Tax-Exempt Loan Agreement
09/01/2024
LOAN AGREEMENT
THIS LOAN AGREEMENT, made this "Insert Day" day of "Insert Month", 2024,
between the Maryland Water Infrastructure Financing Administration (the “Administration”), a
unit of the Department of the Environment (the “Department”) of the State of Maryland (the
“State”), and "Insert Name of Entity", a "Insert Entity Type" of the State (the “Borrower”).
RECITALS
Title VI of the Federal Water Pollution Control Act (commonly known as the
“Clean Water Act”), as amended by the Water Quality Act of 1987 (“Title VI”), authorizes the
Environmental Protection Agency (“EPA”) to award grants to qualifying States to establish and
capitalize State water pollution control revolving funds (“SRFs”) for the purpose of providing
loans and certain other forms of financial assistance (but not grants) to finance, among other things,
the construction and improvement of publicly-owned wastewater treatment facilities and the
implementation of estuary conservation management plans and nonpoint source management
programs.
As contemplated by Title VI, the General Assembly of the State at its 1988 session
enacted the Maryland Water Infrastructure Financing Administration Act, codified at Sections 9-
1601 through 9-1622 of the Environment Article of the Annotated Code of Maryland, as amended
(the “Act”), establishing an SRF designated the Maryland Water Quality Revolving Loan Fund
(the “Fund”) to be maintained and administered by the Administration. The Act authorizes the
Administration, among other things, to make a loan from the Fund to a “local government” (as
defined in the Act) for the purpose of financing all or a portion of the cost of a “wastewater facility”
project (as defined in the Act).
The Borrower, which is a “local government” within the meaning of the Act, has
applied to the Administration for a loan from the Fund to assist in the financing of a certain project
or projects of the Borrower (the “Project,” as defined herein) which constitutes a “wastewater
facility” within the meaning of the Act. The Project is one designated for funding in an Intended
Use Plan promulgated by the Administration in accordance with regulations issued by the EPA
pursuant to Title VI, and the Project conforms to the applicable “county plan” adopted pursuant to
the requirements of Subtitle 5 of Title 9 of the Environment Article of the Annotated Code of
Maryland, as amended.
The Director of the Administration has determined that the making of a loan to the
Borrower for the purpose of assisting the financing of the Project, on the terms and conditions
hereinafter set forth, is necessary and desirable in the public interest, will promote the health, safety
and welfare of the inhabitants of the State and the United States by assisting in the prevention of
pollution of the environment, and will further the purposes of Title VI and the Act.
The Act authorizes the Administration, subject to the prior approval of the Secretary
of the Department and the Board of Public Works, to issue its revenue bonds for the
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09/01/2024
purpose of providing monies for deposit to the Fund. The Administration may issue and sell one
or more series of such revenue bonds (the “Bonds”) for the purpose of providing monies for deposit
to the Fund in an amount sufficient, together with certain other monies expected to be available
for that purpose, to enable the Administration to make, or reimburse the Administration for
making, a loan to the Borrower and certain other entities to assist in the financing of projects, all
as contemplated by the Administration’s Intended Use Plan. The revenues from this loan and such
other loans, whether or not funded from the proceeds of Bonds, may be pledged by the
Administration to secure Bonds.
NOW THEREFORE, in consideration of the mutual promises and covenants
hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Borrower and the Administration, each intending to be legally
bound, hereby agree as follows:
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. Unless specifically provided otherwise or the context
otherwise requires, when used in this Agreement:
“Act” means the Maryland Water Infrastructure Financing Administration Act,
Sections 9-1601 through 9-1622 of the Environment Article, Annotated Code of Maryland, and all
acts supplemental thereto or amendatory thereof.
“Administration” means the Maryland Water Infrastructure Financing
Administration, a unit of the Department of the Environment of the State, and its successors and
assigns.
“Administrative Fee” means the fee payable by the Borrower pursuant to this
Agreement for the general administrative services and other functions and expenses of the
Administration.
“Agreement” means this Loan Agreement, including the Exhibits attached hereto
and any amendments hereto.
“Application” means the application for the Loan submitted by the Borrower to the
Administration, together with any amendments thereto.
“Authorized Officer” means, in the case of the Borrower, any person authorized by
law or by a resolution of the governing body of the Borrower to perform any act or execute any
document on behalf of the Borrower.
“Board” means the Board of Public Works of the State.
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“Bonds” means any series of revenue bonds issued by the Administration under the
Act.
“Bond Counsel” means a law firm acceptable to the Administration whose legal
opinions are generally accepted by purchasers of municipal bonds.
“Borrower” means the local government (as defined in the Act) that is identified in
the first paragraph of this Agreement, and its successors and assigns.
“Business Day” means a day other than a Saturday, Sunday, or day on which the
offices of the Administration or commercial banks in the State are authorized or obligated to
remain closed.
“Change Orders” means any amendments or modifications to any Plans and
Specifications or any general construction contract for the Project.
“Clean Water Act” means the Water Pollution Control Act of 1972, PL 92-500, as
amended, 33 U.S.C. §1251 et seq., and rules and regulations promulgated thereunder.
“Code” means the Internal Revenue Code of 1986, as amended from time to time,
or any successor federal income tax statute or code, and the applicable regulations and rulings
promulgated thereunder.
“Default” means an event or condition the occurrence of which would, with the
lapse of time or the giving of notice or both, constitute an Event of Default.
“Default Rate” means the interest rate so specified in Exhibit B of this Agreement.
“Department” means the Maryland Department of the Environment, and its
successors.
“Director” means the Director of the Administration.
“Eligible Project Costs” means all those costs of the Project permitted by the Act
to be funded by a loan from the Fund and which have been approved by the Director.
“EPA” means the United States Environmental Protection Agency, and its
successors.
“Event of Default” means any occurrence or event specified in Section 4.01 hereof.
“Fiscal Year” means the period of 12 consecutive months commencing on July 1
in any calendar year and ending on June 30 of the succeeding calendar year.
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“Fund” means the Maryland Water Quality Revolving Loan Fund.
“Governmental Authority” means the United States, the State of Maryland, or any
of their political subdivisions, agencies, departments, commissions, boards, bureaus or
instrumentalities, including any local authority having jurisdiction over the Project, and including
EPA, the Department, the Board and the Administration.
“Indenture” means the indenture of trust, bond resolution or other trust agreement
between the Administration and the Trustee, providing for the issuance of Bonds, as amended,
modified or supplemented from time to time.
“Independent Counsel” means any attorney or law firm with attorneys duly
admitted to practice law before the highest court of any state who has or have regularly engaged
in the practice of law as the primary occupation of such attorney or attorneys for at least five years.
Independent Counsel may also serve as Bond Counsel if qualified to act as Bond Counsel.
“Independent Public Accountant” means an individual, partnership or corporation
engaged in the accounting profession, either entitled to practice, or having members or officers
entitled to practice, as a certified public accountant under the laws of the State of Maryland and,
in fact, independent.
“Loan” means the aggregate amounts which are advanced from time to time by the
Administration to the Borrower pursuant to the terms and provisions of this Agreement.
“Loan Closing Date” means the date on which the Note is executed and delivered
to the Administration.
“Loan Commitment” means that amount which the Administration is obligated to
lend to the Borrower pursuant to the terms and provisions of this Agreement and subject to the
satisfaction of the conditions set forth in this Agreement, as such amount may be adjusted as
provided in this Agreement.
“Loan Proceeds Questionnaire and Certificate” means the Loan Proceeds
Questionnaire and Certificate executed and provided by the Borrower in connection with the Loan,
in form and substance satisfactory to the Administration.
“Loan Year” means the period beginning on the first February 1 on which principal
of the Loan is payable and each February 1 thereafter and ending on the immediately succeeding
January 31.
“Note” means the bond, note or other obligation executed and delivered by the
Borrower to the Administration to evidence the Loan, such Note to be substantially in the form
attached hereto as Exhibit F.
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“Plans and Specifications” means the final plans and specifications for the
construction of the Project prepared by the architect or engineer and approved by the Department.
“Project” means the project or projects of the Borrower described in Exhibit B to
this Agreement.
“Project Budget” means the budget for the Project as set forth in Exhibit C to this
Agreement, as revised in accordance with Section 2.02(d).
“Related Financing” means any bond, note, agreement or other instrument or
transaction (other than this Agreement or the Note) pursuant to which the Borrower obtains any
monies that may be expended to pay costs of the Project.
“Requirement” means any law, ordinance, code, order, rule or regulation of a
Governmental Authority, including, without limitation, a condition set forth in a National Pollution
Discharge Elimination System (“NPDES”) permit or in a construction permit issued by the
Department.
“State” means the State of Maryland.
“Tax-Exempt Bonds” means Bonds the interest on which is excludable from gross
income for federal income tax purposes under the Code.
“Trustee” means the trustee for the Bonds.
Section 1.02. Rules of Construction. Unless the context clearly indicates to the
contrary, the following rules shall apply to the construction of this Agreement:
(a) words importing the singular number include the plural number and words
importing the plural number include the singular number;
(b) words of the masculine gender include correlative words of the feminine
and neuter genders;
(c) words importing persons include any individual, corporation, partnership,
joint venture, association, joint stock company, trust, unincorporated organization or government
or agency or political subdivision thereof;
(d) the terms “agree” and “agreement” shall include and mean “covenant”, and
all agreements contained in this Agreement are intended to constitute covenants and shall be
enforceable as such;
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(e) the headings and the Table of Contents set forth in this Agreement are solely
for convenience of reference and shall not constitute a part of this Agreement or affect its meaning,
construction or effect; and
(f) any reference to a particular Article or Section shall be to such Article or
Section of this Agreement unless the context shall otherwise require.
ARTICLE II
REPRESENTATIONS AND COVENANTS OF BORROWER
Section 2.01. Representations of Borrower. The Borrower represents for the
benefit of the Administration as follows:
(a) Corporate Organization and Authority. The Borrower:
(i) is a “local government” as defined in the Act; and
(ii) has all requisite power and authority and all necessary licenses and
permits required as of the date hereof to own and operate the Project, to enter into
this Agreement, to execute and deliver the Note, and to carry out and consummate
all transactions contemplated by this Agreement.
(b) Full Disclosure. There is no fact that the Borrower has not disclosed to the
Administration in writing that materially adversely affects or (so far as the Borrower can now
foresee) that will materially adversely affect the properties, activities, prospects or condition
(financial or other) of the Borrower or the ability of the Borrower to make all payments due
hereunder and otherwise perform its obligations under this Agreement and the Note.
(c) Pending Litigation. There are no proceedings pending, or to the knowledge
of the Borrower threatened, against or affecting the Borrower in any court or before any
Governmental Authority or arbitration board or tribunal that, if adversely determined, would
materially adversely affect the properties, activities, prospects or condition (financial or other) of
the Borrower, or the ability of the Borrower to make all payments due hereunder and otherwise
perform its obligations under this Agreement and the Note, and that have not been disclosed in
writing to the Administration in the Application or otherwise.
(d) Borrowing Legal and Authorized. The consummation of the transactions
provided for in this Agreement and the Note and compliance by the Borrower with the provisions
of this Agreement and the Note:
(i) are within its powers and have been duly authorized by all necessary
action on the part of the governing body of the Borrower; and
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(ii) will not result in any breach of any of the terms, conditions or
provisions of, or constitute a default under, or result in the creation or imposition
of any lien, charge or encumbrances upon any property or assets of the Borrower
pursuant to, any indenture, loan agreement or other instrument (other than this
Agreement and the Note) to which the Borrower is a party or by which the Borrower
may be bound, nor will such action result in any violation of the provisions of laws,
ordinances, governmental rules, regulations or court orders to which the Borrower
or its properties or operations is subject.
(e) No Defaults. No event has occurred and no condition exists that, upon
execution of this Agreement and the Note or receipt of the Loan, would constitute a Default
hereunder. The Borrower is not in violation, and has not received notice of any claimed violation,
of any term of any agreement or other instrument to which it is a party or by which it or its property
may be bound, which violation would materially adversely affect the properties, activities,
prospects or condition (financial or other) of the Borrower or the ability of the Borrower to make
all payments due hereunder and otherwise perform its obligations under this Agreement and the
Note, and that have not been disclosed in writing to the Administration in the Application or
otherwise.
(f) Governmental Consent; Project Consistency.
(i) The Borrower has obtained all permits and approvals required to
date by any Governmental Authority for the making and performance by the
Borrower of its obligations under this Agreement and the Note or for the Project
and the financing thereof. No consent, approval or authorization of, or filing,
registration or qualification with, any Governmental Authority that has not been
obtained is required on the part of the Borrower as a condition to the execution and
delivery of this Agreement and the Note or the consummation of any transaction
herein contemplated.
(ii) The Project is consistent with (A) the local plan of the Borrower as
contemplated under Section 5-7A-02 of the State Finance and Procurement Article
of the Annotated Code of Maryland, as amended; (B) the State Economic Growth,
Resource Protection, and Planning Policy established in Section 5-7A-01 of the
State Finance and Procurement Article of the Annotated Code of Maryland, as
amended; and (C) all applicable provisions of Subtitle 7B, “Priority Funding
Areas,” of Title 5 of the State Finance and Procurement Article of the Annotated
Code of Maryland, as amended.
(g) No Conflicts. No member, officer, or employee of the Borrower, or its
designees, or agents, no consultant, no member of the governing body of the Borrower or of any
Governmental Authority, who exercises or has exercised any authority over the Project during
such person’s tenure, shall have any interest, direct or indirect, in any contract or subcontract, or
its proceeds, in any activity, or in any benefit therefrom, which is part of the Project.
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(h) Use of Proceeds. The Borrower will apply the proceeds of the Loan from
the Administration as described in Exhibit B attached hereto and made a part hereof (i) to finance
all or a portion of the Eligible Project Costs; and (ii) to reimburse the Borrower for all or a portion
of the Eligible Project Costs paid or incurred prior to the date hereof in anticipation of
reimbursement by the Administration (and subject to compliance with Section 2.02(l) of this
Agreement). Except as provided in Sections 3.01 and 3.03(c) of this Agreement, before each and
every advance of the proceeds of the Loan to the Borrower, the Borrower shall submit to the
Administration a requisition meeting the requirements of Section 3.03 of this Agreement.
(i) Loan Closing Submissions. On or before the Loan Closing Date, the
Borrower will cause to be delivered to the Administration each of the following items:
(i) an opinion of Independent Counsel, acceptable to the
Administration, dated as of the Loan Closing Date, substantially in the form set
forth in Exhibit D to this Agreement;
(ii) an opinion of Bond Counsel [who may rely, as to the validity of this
Agreement and the Note, on the opinion of Independent Counsel referred to in (i)],
dated as of the Loan Closing Date, and acceptable to the Administration, to the
effect that (A) interest on the Loan and the Note will be excludable from gross
income for purposes of federal income taxation and (B) interest on the Loan and
the Note will not be included in the alternative minimum taxable income of
individuals, corporations or other taxpayers as an enumerated item of tax preference
or other specific adjustment;
(iii) fully executed counterparts of this Agreement, the Note and the
Loan Proceeds Questionnaire and Certificate;
(iv) copies of the ordinance, resolution or other official action of the
governing body of the Borrower authorizing the execution and delivery of this
Agreement and the Note, certified by an appropriate officer of the Borrower;
(v) a certificate, dated as of the Loan Closing Date, signed by an
Authorized Officer of the Borrower and in form satisfactory to the Administration,
confirming the Borrower’s obligations under and representations in the Loan
Agreement and the Loan Proceeds Questionnaire and Certificate as of such date;
(vi) a requisition in an amount not less than the lesser of 5% of the Loan
Commitment or $50,000 for (i) reimbursement to the Borrower of Eligible Project
Costs together with paid invoices supporting such reimbursement, or (ii) payment
to third-parties of currently due and payable invoices for Eligible Project Costs, or
(iii) a combination of (i) and (ii); and
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(vii) such other certificates, documents, opinions and information as the
Administration may require.
Section 2.02. Particular Covenants of the Borrower.
(a) Maintenance of Project; Insurance. The Borrower shall (i) keep, operate
and maintain, or cause to be kept, operated and maintained, the Project in good working order,
condition and repair; (ii) make or cause to be made all needed and proper replacements to the
Project so that the Project will at all times be in good operating condition, fit and proper for the
purposes for which it was originally erected or installed; (iii) not permit any waste of the Project;
(iv) observe and comply with, or cause to be observed and complied with, all Requirements; and
(v) operate, or cause to be operated, the Project in the manner in which similar projects are operated
by persons operating a first-class facility of a similar nature. The Borrower shall maintain or cause
to be maintained at its sole cost and expense insurance with respect to the Project, both during its
construction and thereafter, against such casualties and contingencies and in such amounts as are
customarily maintained by governmental entities similarly situated and as are consistent with
sound governmental practice.
(b) Sale or Disposition of Project. The Borrower reasonably expects that no
portion of the Project will be sold prior to the final maturity date of the Loan. In the event that the
Borrower shall sell or otherwise dispose of any portion of the Project prior to the final maturity
date of the Loan, the Borrower shall apply the net proceeds thereof to the prepayment of the Loan
or as the Administration shall otherwise direct unless (i) the Borrower shall have obtained the prior
written consent of the Administration to some other proposed application of such net proceeds and
(ii) there shall have been delivered to the Administration an opinion of Bond Counsel to the effect
that, in the opinion of such firm, such proposed application of such net proceeds will not adversely
affect the tax-exempt status for federal income tax purposes of the interest on any Tax-Exempt
Bonds applicable to the Project or the Note.
(c) Inspections; Information. The Borrower shall permit the Administration or
its designee to examine, visit and inspect, at any and all reasonable times (including, without
limitation, any time during which the Project is under construction or in operation), the property
constituting the Project, to attend all construction progress meetings relating to the Project and to
inspect and make copies of any accounts, books and records, including (without limitation) its
records regarding receipts, disbursements, contracts, investments and any other matters relating to
the Project and the financing thereof, and shall supply such reports and information as the
Administration may reasonably require in connection therewith. Without limiting the generality
of the foregoing, the Borrower shall keep and maintain any books, records, and other documents
that may be required under applicable federal and State statutes, regulations, guidelines, rules and
procedures now or hereafter applicable to loans made by the Administration from the Fund, and
as may be reasonably necessary to reflect and disclose fully the amount and disposition of the
Loan, the total cost of the activities paid for, in whole or in part, with the proceeds of the Loan,
and the amount and nature of all investments related to such activities which are supplied or to be
supplied by other sources. All such books, records and other documents shall be maintained at the
offices of the Borrower, as specified on Exhibit B attached hereto, for
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inspection, copying, audit and examination at all reasonable times by any duly authorized
representative of the Administration. All such books, records and other documents shall be
maintained until the completion of an audit of the Project by the EPA or notification from the State
or the EPA that no audit is required.
(d) Completion of the Project; Payment of Excess Costs of the Project. The
Borrower shall proceed diligently to complete the Project in accordance with the Plans and
Specifications, and in accordance with any requirements set forth in the construction and NPDES
permits. The Borrower shall satisfy all applicable Requirements for operation of the Project by
the completion of the Project, and shall commence operation of the Project promptly upon its
completion. No substantial changes may be made to the Plans and Specifications, the general
construction contract or the Project Budget, or in the construction of the Project without the prior
written approval of the Administration in its discretion. The Borrower shall pay any amount
required for the acquisition, construction and equipping of the Project in excess of the amount
available to be loaned to the Borrower hereunder. Upon the completion of the Project, the
Borrower shall deliver to the Administration a certificate of the Borrower certifying that the Project
was completed as of the date set forth in such certificate.
(e) Cancellation of Loan. As provided by Section 9-1606(e) of the Act, the
Borrower acknowledges and agrees that its obligation to make the payments due hereunder and
under the Note is cancelable only upon repayment in full of the Loan, and that neither the
Administration, the Secretary of the Department, nor the Board is authorized to forgive the
repayment of all or any portion of the Loan.
(f) Dedicated Source of Revenue. Pursuant to the Clean Water Act, the
Borrower has established one or more dedicated sources of revenue for repayment of the Loan, as
described in Exhibit E attached hereto as a part hereof.
(g) Indemnification. To the extent permitted by law, the Borrower releases the
Administration, the Fund, the Department, the Board and the State from, agrees that the
Administration, the Fund, the Department, the Board and the State shall not have any liability for,
and agrees to protect, indemnify and save harmless the Administration, the Fund, the Department,
the Board and the State from and against, any and all liabilities, suits, actions, claims, demands,
losses, expenses and costs of every kind and nature incurred by, or asserted or imposed against,
the Administration, the Fund, the Department, the Board or the State, as a result of or in connection
with the Project or the financing thereof. To the extent permitted by law, all money expended by
the Administration, the Fund, the Department, the Board or the State as a result of such liabilities,
suits, actions, claims, demands, losses, expenses or costs, together with interest at the rate provided
in the Note from the date of such payment, shall constitute an additional indebtedness of the
Borrower and shall be immediately and without notice due and payable by the Borrower to the
Administration.
(h) Non-discrimination. The Borrower certifies that it does not discriminate,
and covenants that it shall not discriminate, on the basis of (1) political or religious opinion or
affiliation, marital status, race, color, creed or national origin, or (2) sex or age, except where sex
or age constitutes a bona fide occupational qualification, or (3) the physical or mental handicap of
a qualified handicapped individual. At such times as the Administration requests, the Borrower
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shall submit to the Administration information relating to the Borrower’s operations, with regard
to political or religious opinion or affiliation, marital status, physical or mental handicap, race,
color, creed, sex, age, or national origin, on a form to be prescribed by the Administration.
(i) Compliance with Requirements. The Borrower acknowledges that the
Loan and this Agreement are subject to, and the Borrower agrees to comply with, all Requirements
applicable to the Project and the financing thereof, including (without limiting the generality of
the foregoing) the Clean Water Act, the Act, and all other applicable State and federal statutes and
such rules, regulations, orders and procedural guidelines as may be promulgated from time to time
by the EPA, the Board, the Department, the Administration, or other Governmental Authority.
(j) Annual Audit. Within nine (9) months of the end of each Fiscal Year
(unless such period is changed to comply with terms of the Administration’s financings, or a
Requirement, in which case the Administration shall notify the Borrower in writing), the Borrower
shall cause financial statements of the Borrower to be prepared with respect to such Fiscal Year in
accordance with generally accepted accounting principles, applicable to governmental units,
consistently applied, which financial statements shall be audited by, and accompanied by a report
of, an Independent Public Accountant. Such financial statements and report shall be delivered
upon completion to the Administration within the nine (9) month period or within thirty (30) days
from receipt of a report from the auditor, whichever period is shorter.
(k) Bonds Not to Be Arbitrage Bonds. The Administration expects to deliver
on each date of issuance of each series of Tax-Exempt Bonds a certificate (such certificate, as it
may be amended and supplemented from time to time in accordance with the Indenture, being
referred to herein as the “Section 148 Certificate”) that complies with the requirements of Section
148 of the Code or applicable successor provisions (“Section 148”) and that states the
Administration’s reasonable expectations as to relevant facts, estimates and circumstances relating
to the use of the proceeds of such Tax-Exempt Bonds or of any monies, securities or other
obligations on deposit to the credit of any of the funds and accounts created by the Indenture or
this Agreement or otherwise that may be deemed to be proceeds of the Tax-Exempt Bonds within
the meaning of Section 148 (collectively, “Bond Proceeds”). The Borrower covenants to provide,
or cause to be provided, such facts and estimates as the Administration reasonably considers
necessary to enable it to execute and deliver its Section 148 Certificate including (but not limited
to) those updates required in the Loan Proceeds Questionnaire and Certificate. The Borrower
further covenants that (i) such facts and estimates will be based on its reasonable expectations on
the date of issuance of the Tax-Exempt Bonds and will be, to the best of the knowledge of the
officers of the Borrower providing such facts and estimates, true, correct and complete as of that
date, and (ii) the Borrower will make reasonable inquiries to ensure such truth, correctness and
completeness.
The Borrower covenants that it will not make, or (to the extent that it exercises
control or direction) permit to be made, any use of the Bond Proceeds that would cause any of the
Tax-Exempt Bonds to be “arbitrage bonds” within the meaning of Section 148. The Borrower
further covenants that it will comply with those provisions of Section 148 that are applicable to
the Tax-Exempt Bonds on the date of issuance of such Tax-Exempt Bonds and with those
provisions of Section 148 that may subsequently be lawfully made applicable to such Bonds.
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The Administration and the Borrower shall hold and invest Bond Proceeds within
their control (if such proceeds are invested) in accordance with the expectations of the
Administration set forth in the Section 148 Certificate. If the Administration is of the opinion,
upon receipt of advice of Bond Counsel, that it is necessary further to restrict or limit the yield on
the investment of any Bond Proceeds in order to avoid any of the Tax-Exempt Bonds being
considered “arbitrage bonds” within the meaning of Section 148, the Borrower shall take such
action as is necessary to restrict or limit the yield on such investment, irrespective of whether the
Borrower is of the same or a different opinion. Upon the request of the Borrower and receipt of
advice of Bond Counsel, the Administration may, and upon receipt of an approving ruling from
the Internal Revenue Service or a decision of a court of competent jurisdiction, the Administration
shall, take such action as is necessary to remove or modify a restriction or limitation on the yield
on the investment of any Bond Proceeds that was formerly deemed necessary. The Administration
shall incur no liability in connection with action as contemplated herein so long as the
Administration acts in good faith.
The Administration contemplates and will use its best efforts to provide for the
payment of rebate or penalties in lieu of rebate with respect to the Tax-Exempt Bonds pursuant to
Section 148 from the proceeds of the Tax-Exempt Bonds or investment earnings thereon.
However, in the event that funds from this source are inadequate to provide for any such payment
of rebate or such penalties, the Borrower agrees to pay to the Administration the portion of the
rebate or penalties with respect to any Tax-Exempt Bonds fairly allocable to the Loan (as
reasonably determined by the Administration) upon written request of the Administration
accompanied by an explanation of the method for allocating any such penalties or rebate.
In addition, the Borrower covenants that it will not make, or (to the extent that it
exercises control or direction) permit to be made, any use of the monies deemed to be proceeds of
any other Tax-Exempt Bonds of the Administration that would cause any such Tax-Exempt Bonds
to be “arbitrage bonds” within the meaning of Section 148. The Borrower further covenants that
it will comply with those provisions of Section 148 that are applicable to such other Tax-Exempt
Bonds on the date of issuance of such Tax-Exempt Bonds and with those provisions of Section
148 that may subsequently be lawfully made applicable to such Tax-Exempt Bonds. The Borrower
shall have no obligation under this paragraph unless advised of such in writing by the
Administration.
(l) Compliance With Loan Proceeds Questionnaire and Certificate. Without
otherwise limiting the covenants or representations set forth in this Agreement or in the Loan
Proceeds Questionnaire and Certificate, the representations set forth in Paragraphs 3 through 9,
inclusive, and Paragraphs 11 through 14, inclusive, of the Loan Proceeds Questionnaire and
Certificate are hereby incorporated as continuing representations of the Borrower, except to the
extent that the Administration shall receive an opinion from Bond Counsel to the effect that any
variation from such representations shall not adversely affect the excludability of interest on any
Tax-Exempt Bonds from gross income for federal income tax purposes. The Borrower shall not
take or permit to be taken any action or actions which would cause any Tax-Exempt Bonds to be
“arbitrage bonds” within the meaning of Section 148 of the Code or which would otherwise cause
interest on any Tax-Exempt Bonds to be includable in gross income for federal income tax
purposes.
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(m) Additional Disclosure Information. The Borrower agrees to provide the
Administration with such information regarding the Borrower and its finances as the
Administration may from time to time request. The Borrower further acknowledges that the
Administration may issue one or more series of Bonds pursuant to the Indenture, and that any or
all of such Bonds may be secured in part by repayments of the Borrower with respect to the Loan.
The Borrower accordingly agrees to provide to the Administration such information regarding the
Borrower and its finances as the Administration may from time to time request for inclusion in the
official statements or other offering documents to be distributed in connection with the sale of any
such Bonds or any annual disclosure document or other informational document prepared from
time to time by the Administration to be made available to prospective purchasers or holders of
any of such Bonds. The Borrower shall also furnish to the Administration at its request a certificate
of an Authorized Officer of the Borrower to the effect that any information so provided or included
contains no material inaccuracy or omission in light of the purposes for which such information is
provided or included. The Borrower agrees to notify the Administration promptly in writing of
(a) any changes in the condition or affairs of the Borrower (financial or other) that would cause
any information regarding the Borrower so provided or included in an official statement or any
subsequent offering document, annual disclosure document or other informational document of
the Administration that the Borrower has had an opportunity to review and certify as to its
accuracy, to contain a material inaccuracy or omission in light of the purposes for which such
information is so included, and (b) upon request from the Administration, any event set forth in
Securities and Exchange Commission Rule 15c2-12(b)(5)(i)(C), as such rule may be amended and
supplemented.
(n) Related Financing. The Borrower agrees that the proceeds of any Related
Financing shall be expended to pay costs of the Project on a monthly basis proportionately with
the proceeds of the Loan, taking into account the total amount of the proceeds of such Related
Financing available to pay costs of the Project and the maximum amount of the Loan Commitment.
The Borrower agrees to provide the Administration upon its request with such information as the
Administration deems reasonably necessary to determine whether the Borrower is in compliance
with the provisions of this Section 2.02(n).
ARTICLE III
LOAN TO BORROWER; AMOUNTS PAYABLE; GENERAL AGREEMENTS
Section 3.01. The Loan. Subject to the provisions of Sections 3.02, 3.03 and 3.08
hereof, the Administration hereby agrees to advance amounts under this Agreement to the
Borrower, and the Borrower agrees to borrow and accept from the Administration amounts
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advanced under this Agreement, in an aggregate principal amount not to exceed the maximum
amount of the Loan Commitment set forth on Exhibit B attached hereto.
Section 3.02. Availability of Funds. The Administration expects to have, and
shall use its best efforts to obtain and maintain, funds in an amount sufficient to make advances to
the Borrower in accordance with the “Construction Cash Draw Schedule” included in Exhibit C
attached hereto. The Borrower recognizes, however, that the Administration is a governmental
entity with limited financial resources and that the Administration’s ability to make such advances
may be adversely affected by events or circumstances beyond the Administration’s control. The
Borrower accordingly assumes the risk that monies may not be available to make advances of the
Loan to the Borrower, and, in such event, the Borrower specifically agrees that the Administration
shall have no obligation to lend any amounts to the Borrower in excess of the amount theretofore
advanced to the Borrower.
Section 3.03. Disbursements and Capitalized Interest.
(a) Requisitions and Disbursements. Amounts shall be loaned from time to
time to pay, or reimburse the Borrower for the payment of, Eligible Project Costs, upon receipt of
requisitions of the Borrower. Each such requisition shall (i) state the names of the payees, (ii)
describe in reasonable detail the purpose of each payment, (iii) state the amount of each payment
(supported by appropriate paid invoices or other evidence satisfactory to the Administration that
the amount requisitioned has been paid or has been incurred by the Borrower and is then due), (iv)
state that the amount so requisitioned constitutes a part of the Eligible Project Costs, and (v) state
that no Default or Event of Default under this Agreement has occurred and is continuing; provided,
that this section shall not apply to advances made or deemed to have been made as provided in
Section 3.03(c) hereof. The Administration shall not be required to advance monies on more than
one day in each month, and the Administration shall not be required to advance monies for the
Project sooner than, or in an amount greater than, the schedule of disbursements for the Project
shown on the “Construction Cash Draw Schedule” included in Exhibit C attached hereto. The
Administration may require the Borrower to submit requisitions in advance of each such
disbursement date in such manner as shall be reasonably acceptable to the Administration.
(b) Conditions Precedent. Before making the first advance of Loan proceeds,
the Administration shall receive the following in form and content satisfactory to the
Administration:
(i) copies of the Plans and Specifications and of any Change Orders
issued through the date of such advance, the general construction contract, and the
Project Budget;
(ii) a survey showing the location of existing and proposed easements,
rights-of-way and improvements, and the perimeter boundaries of the land upon
which the Project will be located, if any Loan proceeds are to be used for acquisition
of the land;
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(iii) copies of all building permits, if any, pertaining to the Project;
(iv) cost breakdown in trade form showing all subcontracts which
represent at least 10 percent of the costs of the Project, and indicating use of the
proceeds of the Loan therefor;
(v) a fully executed copy of any contract for the purchase of real
property constituting a portion of the Eligible Project Costs described in Exhibit C;
and
(vi) evidence satisfactory to the Administration that the conditions (if
any) set forth in Exhibit A to this Agreement have been satisfied.
In addition, it shall be a condition precedent to the Administration’s obligation to
make any advance of Loan proceeds under this Agreement that no Default or Event of Default
shall have occurred and be continuing at the time of any such advance.
(c) Interest During Construction. In the event that the Administration has
consented to permit the Borrower to pay interest on the Loan from proceeds of the Loan during all
or a portion of the period of time related to construction of the Project (as itemized in Exhibit C)
(“Construction Period Interest”), the Administration shall on each February 1 and August 1 during
such period advance to the Borrower and immediately apply to the interest then due and owing, an
amount equal to the interest on the Loan due on such February 1 or August 1 and not theretofore
paid by the Borrower. Any such amount of Construction Period Interest advanced by the
Administration shall constitute part of the principal amount of the Loan hereunder immediately
upon its advance to the Borrower in accordance with this paragraph. Notwithstanding the advance
of any Construction Period Interest to the Borrower in accordance with this Section, the Borrower
shall pay directly to the Administration the Administrative Fee on the dates and in the amounts set
forth in Section 3.04(c), and no amounts shall be advanced under the Loan for the payment of the
Administrative Fee.
Section 3.04. Amounts Payable.
(a) Loan Payments. The Borrower shall punctually repay the Loan in
installments on the dates, in the amounts, and in the manner specified in the Note. The outstanding
amount of the Loan shall bear interest at a rate per annum equal to the rate or rates of interest set
forth in Exhibit B, and shall be payable in accordance with the amortization schedule as specified
in Exhibit B attached hereto and more particularly set out in the Note (which amortization schedule
is subject to adjustment in accordance with this Agreement and the Note). On or prior to the Loan
Closing Date, the Borrower shall execute the Note to evidence such obligation. In addition, the
Borrower shall pay to the Administration an Administrative Fee in accordance with paragraph (c)
of this Section.
(b) Late Charges. In addition to the payments of principal and interest on the
Loan required by paragraph (a) of this Section, the Borrower shall pay (i) a late charge for any
payment of principal or interest on the Loan that is received later than the tenth day following its
due date, in an amount equal to 5% of such payment, and (ii) interest on overdue installments of
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principal and (to the extent permitted by law) interest at a rate equal to the Default Rate set forth
in Exhibit B. Amounts payable pursuant to this paragraph (b) shall be immediately due and payable
to the Administration, and interest at the Default Rate shall continue to accrue on overdue
installments of principal and (to the extent permitted by law) interest until such amounts are paid
in full.
(c) Administrative Fee. (i) On the date specified in Exhibit B for the first
payment of the Administrative Fee and on each August 1 thereafter that the Note remains
outstanding and unpaid to and including the date of final maturity of the Note (each such date, an
“Administrative Fee Payment Date”), the Borrower shall pay to the Administration an
Administrative Fee. Subject to paragraph (iv) below, the Administrative Fee for any
Administrative Fee Payment Date shall be (A) the Administrative Fee set forth in Exhibit B or (B)
after any date on which the outstanding principal amount of the Loan Commitment is reduced by
the Administration by a notice in writing to the Borrower in accordance with this Agreement (other
than by reason of the repayment of the principal of the Loan), the Administrative Fee set forth in
a notice from the Administration to the Borrower in connection with such reduction. Any
adjustment of the Administrative Fee in accordance with the foregoing shall be prospective only,
and the Administration shall in no event be obligated to refund any portion of any Administrative
Fee payment theretofore received from the Borrower.
(ii) In prescribing the Administrative Fee for purposes of paragraph (i)
above, the Administration shall employ the following formula, it being understood that any
determinations as to the application of such formula shall be within the discretion of the
Administration and any Administrative Fee Payment prescribed by the Administration in
accordance with the foregoing shall be conclusive and binding upon the Administration and the
Borrower: the Administrative Fee equals (A) the aggregate amount of all scheduled payments of
principal of and interest on the Note, multiplied by the Percentage Rate (defined in paragraph (iii)
below) then in effect, (B) divided by the total number of scheduled Administrative Fee Payment
Dates. For example, if the aggregate amount of all scheduled payments of principal of and interest
on the Note were $5,000,000 and the Percentage Rate were 5%, and the total number of scheduled
Administrative Fee Payment Dates were 31, the Administrative Fee to be paid each year would
equal:
$5,000,000 x .05 = $8,064.52
31
(iii) The Percentage Rate for each Fiscal Year shall be fixed as a uniform
rate for all borrowers receiving loans from the Fund in order to provide sufficient revenues to pay
the expenses of the Administration, as approved in the operating budget of the State by the General
Assembly of the State; provided, however, that in no event shall the Percentage Rate exceed five
percent (5%). In each Fiscal Year, the Administration shall review the Percentage Rate then in
effect and adjust it for the immediately succeeding Fiscal Year to reflect its approved budget for
the immediately succeeding Fiscal Year, a retainage of not more than ten percent (10%) for an
operating reserve within the Administration’s general account, and other factors as reasonably
determined by the Secretary. No later than June 1 following the end of the Session of the General
Assembly in each Fiscal Year, the Administration shall notify the Borrower of the newly
established Percentage Rate, which shall be the Percentage Rate applicable to the immediately
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succeeding Fiscal Year, and of any change in the amount of the Administrative Fee payable by the
Borrower in such Fiscal Year as a result of the application of such Percentage Rate.
Section 3.05. Sources of Payment.
(a) Dedicated Revenues. In accordance with Section 2.02(f) hereof, the
principal of and interest on the Note, and any other amounts due from time to time under this
Agreement, shall be payable in the first instance from the dedicated source of revenues described
in Exhibit E attached hereto.
(b) General Obligation. In addition, the Note constitutes a general obligation
of the Borrower, to the payment of which the full faith and credit and taxing power of the Borrower
are pledged.
(c) State Withholding. As further security for the payment of the Note and any
other amounts due hereunder, the Borrower hereby pledges the following to the Administration
and grants a security interest therein to the Administration: (i) as authorized by Section 9-1606(d)
of the Act, the Borrower’s share of any and all income tax revenues collected by the State from
time to time that would otherwise be payable to the Borrower, and (ii) to the maximum extent
permitted by law, any and all other tax revenues, grants, and other monies that the Borrower is or
may from time to time be entitled to receive from the State or that may at any time be due from
the State, or any department, agency, or instrumentality of the State, to the Borrower. The
Borrower further agrees that, upon the occurrence of an Event of Default, among other things, the
State Comptroller and the State Treasurer may (i) withhold any such amounts that the Borrower is
then or may thereafter be entitled to receive and (ii) at the direction of the Administration, apply
the amounts so withheld to the payment of any amounts then due or thereafter becoming due
hereunder (including, without limitation, payments under the Note) until the Borrower’s
obligations hereunder have been fully paid and discharged.
Section 3.06. Unconditional Obligations. The obligations of the Borrower to
make payments under the Note as and when due and all other payments required hereunder and to
perform and observe the other agreements on its part contained herein shall be absolute and
unconditional, and shall not be abated, rebated, set-off, reduced, abrogated, terminated, waived,
diminished, postponed or otherwise modified in any manner or to any extent whatsoever,
regardless of any contingency, act of God, event or cause whatsoever, including (without
limitation) any acts or circumstances that may constitute failure of consideration, eviction or
constructive eviction, the taking by eminent domain or destruction of or damage to the Project,
commercial frustration of purpose, any change in the laws of the United States of America or of
the State or any political subdivision of either or in the rules or regulations of any Governmental
Authority, any failure of the Administration, the Department or the State to perform or observe
any agreement, whether express or implied, or any duty, liability or obligation arising out of or
connected with the Project, this Agreement, or otherwise or any rights of set-off, recoupment,
abatement or counterclaim that the Borrower might otherwise have against the Administration, the
Department or the State or any other party or parties; provided, however, that payments hereunder
shall not constitute a waiver of any such rights.
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Section 3.07. Loan Commitment. The Borrower acknowledges and agrees that
the monies attributable to the Borrower’s Loan Commitment are the property of the Administration
and are held by the Administration to provide for advances to be made to the Borrower in
accordance with this Agreement. Without limiting the foregoing, the Borrower acknowledges and
agrees that monies attributable to the Borrower’s Loan Commitment may at the discretion of the
Administration be pledged or applied to the payment of Bonds.
Section 3.08. Reduction of Loan Commitment. The Loan Commitment is subject
to reduction in accordance with the provisions of this Section 3.08.
(a) Any portion of the Loan Commitment not advanced to the Borrower under
Section 3.03 of this Agreement at the later of (1) two years from the date of this Agreement and
(2) the earlier of one year following (i) actual completion of construction of the Project or (ii) the
estimated completion date specified on Exhibit B attached hereto, shall no longer be available to
be advanced to the Borrower and the amount of the Loan Commitment shall be reduced by an
amount equal to the portion of the Loan Commitment not advanced, unless otherwise agreed to by
the Administration in writing.
(b) The Administration may reduce the amount of the Loan Commitment if the
Administration should for any reason determine that it will be unable to fund the full amount of
the Loan Commitment (including, without limitation, a determination that the Eligible Project
Costs to be paid with proceeds of the Loan are expected to be less than the maximum amount of
the Loan Commitment), or if it determines that the Borrower is not proceeding satisfactorily and
expeditiously with the Project in accordance with schedules and plans provided to the
Administration, or if it determines that the Borrower is no longer able to make the certifications
required under Section 3.03 in connection with the submission of requisitions.
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(c) Any reduction in the amount of the Loan Commitment shall not affect the
obligation of the Borrower to repay the Loan in accordance with the provisions of this Agreement
and the Note.
(d) The Administration shall advise the Borrower in writing of any reduction in
the amount of the Loan Commitment. Such notice shall specify the reason for and the amount of
the reduction. In the event of any such reduction, the Borrower shall repay the Loan in accordance
with such revised principal amortization schedule (prepared by applying such amount to reduce
the installments of principal due under the Note in inverse order of payment, such that any such
reduction is applied first to the last installment of principal due under the Note) as may be
prescribed by the Administration in accordance with the provisions of the Note executed in
connection therewith. The Administration may require, and the Borrower shall deliver, such
certificates, documents, opinions and other evidence as the Administration may deem necessary
or advisable in connection with any such reduction in the Loan Commitment. If a new Note is
delivered in connection with any such reduction, the Administration shall cancel the Note initially
delivered to the Administration by the Borrower pursuant to this Agreement.
Section 3.09. Disclaimer of Warranties. The Administration makes no warranty
or representation, either express or implied, as to the value, design, condition, merchantability or
fitness for particular purpose or fitness for use of the Project or any portion thereof or any other
warranty with respect thereto. In no event shall the Administration be liable for any incidental,
indirect, special or consequential damages in connection with or arising out of this Agreement or
the Project or the existence, furnishing, functioning or use of the Project or any item or products
or services provided for in this Agreement.
Section 3.10. Prepayments. The Loan shall be subject to mandatory prepayment,
in whole or in part, as, when and to the extent required by the EPA’s State Revolving Fund Program
Regulations. Otherwise, the Loan may be prepaid by the Borrower, in whole or in part, only at
such times and in such amounts, and upon the payment by the Borrower of such prepayment
premium or penalty, as the Director, in his or her discretion, may specify and approve.
Section 3.11. Assignment. Neither this Agreement nor the Note may be assigned
by the Borrower for any reason without the prior written consent of the Administration. The
Administration may transfer, pledge or assign the Note and any or all rights or interests of the
Administration under this Agreement without the prior consent of the Borrower.
ARTICLE IV
EVENTS OF DEFAULT AND REMEDIES
Section 4.01. Events of Default. If any of the following events occur, it is hereby
defined as and declared to be and to constitute an “Event of Default”:
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(a) failure by the Borrower to pay any amount required to be paid hereunder or
under the Note when due, which failure shall continue for a period of 20 days;
(b) failure by the Borrower to observe and perform any covenant, condition or
agreement on its part to be observed or performed under this Agreement, other than as referred to
in paragraph (a) of this Section, which failure shall continue for a period of 30 days after written
notice specifying such failure and requesting that it be remedied is given to the Borrower by the
Administration, unless the Administration shall agree in writing to an extension of such time prior
to its expiration; provided, however, that if the failure stated in such notice is correctable but cannot
be corrected within the applicable period, the Administration will not unreasonably withhold its
consent to an extension of such time if corrective action is instituted by the Borrower within the
applicable period and diligently pursued until the Default is corrected;
(c) if (i) at any time any representation made by the Borrower in Section
2.01(f)(ii) is incorrect, or (ii) any other representation made by or on behalf of the Borrower
contained in this Agreement, or in any instrument furnished in compliance with or with reference
to this Agreement, the Loan Commitment or the Loan, is false or misleading in any material respect
on the date on which such representation is made;
(d) if an order, judgment or decree is entered by a court of competent
jurisdiction (i) appointing a receiver, trustee, or liquidator for the Borrower; (ii) granting relief in
involuntary proceedings with respect to the Borrower under the federal bankruptcy act, or (iii)
assuming custody or control of the Borrower under the provision of any law for the relief of
debtors, and the order, judgment or decree is not set aside or stayed within 60 days from the date
of entry of the order, judgment or decree; or
(e) if the Borrower (i) admits in writing its inability to pay its debts generally
as they become due, (ii) commences voluntary proceedings in bankruptcy or seeking a composition
of indebtedness, (iii) makes an assignment for the benefit of its creditors, (iv) consents to the
appointment of a receiver, or (v) consents to the assumption of custody or control of the Borrower
by any court of competent jurisdiction under any law for the relief of debtors.
Section 4.02. Notice of Default. The Borrower shall give the Administration
prompt telephonic notice by contacting the Director of the Administration, followed by prompt
written confirmation, of the occurrence of any event referred to in Section 4.01(d) or (e) hereof
and of the occurrence of any other event or condition that constitutes a Default or an Event of
Default at such time as any senior administrative or financial officer of the Borrower becomes
aware of the existence thereof.
Section 4.03. Remedies on Default. Whenever any Event of Default referred to
in Section 4.01 hereof shall have happened and be continuing, the Administration shall have the
right to take one or more of the following remedial steps:
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(a) declare all amounts due hereunder (including, without limitation, payments
under the Note) to be immediately due and payable, and upon notice to the Borrower the same
shall become immediately due and payable by the Borrower without further notice or demand; and
(b) take whatever other action at law or in equity that may appear necessary or
desirable to collect the amounts then due and thereafter to become due hereunder or to enforce the
performance and observance of any obligation, agreement or covenant of the Borrower hereunder.
Section 4.04. Attorneys’ Fees and Other Expenses. The Borrower shall on
demand pay to the Administration the reasonable fees and expenses of attorneys and the Trustee
and other reasonable expenses incurred in the collection of any sum due hereunder or in the
enforcement of performance of any other obligations of the Borrower upon an Event of Default.
Section 4.05. Application of Monies. Any monies collected by the
Administration pursuant to Section 4.03 hereof shall be applied (a) first, to pay any attorneys’ fees
or other fees and expenses owed by the Borrower pursuant to Section 4.04 hereof, (b) second, to
pay interest due on the Loan, (c) third, to pay principal due on the Loan, (d) fourth, to pay any
other amounts due hereunder, and (e) fifth, to pay interest and principal on the Loan and other
amounts payable hereunder as such amounts become due and payable.
Section 4.06. No Remedy Exclusive; Waiver; Notice. No remedy herein
conferred upon or reserved to the Administration is intended to be exclusive and every such
remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any
right, remedy or power accruing upon any Default or Event of Default shall impair any such right,
remedy or power or shall be construed to be a waiver thereof, but any such right, remedy or power
may be exercised from time to time and as often as may be deemed expedient. In order to entitle
the Administration to exercise any remedy reserved to it in this Article, it shall not be necessary to
give any notice, other than such notice as may be required in this Article.
ARTICLE V
MISCELLANEOUS
Section 5.01. Notices. All notices, requests, objections, waivers, rejections,
agreements, approvals, disclosures and consents of any kind made pursuant to this Agreement shall
be in writing, unless expressly stated otherwise herein. Any such communication shall be
sufficiently given and shall be deemed given when hand delivered or mailed by registered or
certified mail, postage prepaid, to the Borrower at the address specified on Exhibit B attached
hereto and to the Administration at Maryland Water Infrastructure Financing Administration, 1800
Washington Blvd., Baltimore, Maryland 21230-1718, Attention: Director.
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Section 5.02. Binding Effect. This Agreement shall inure to the benefit of and
shall be binding upon the Administration and the Borrower and their respective successors and
assigns.
Section 5.03. Severability. In the event any provision of this Agreement shall be
held illegal, invalid or unenforceable by any court of competent jurisdiction, such holding shall
not invalidate, render unenforceable or otherwise affect any other provision hereof.
Section 5.04. Execution in Counterparts. This Agreement may be executed in
several counterparts, each of which shall be an original and all of which shall constitute but one
and the same instrument.
Section 5.05. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Maryland.
Section 5.06. Captions. The captions or headings in this Agreement are for
convenience only and shall not in any way define, limit or describe the scope or intent of any
provisions or sections of this Agreement.
Section 5.07. Further Assurances. The Borrower shall, at the request of the
Administration, execute, acknowledge and deliver such further resolutions, conveyances,
transfers, assurances, financing statements, certificates and other instruments as may be necessary
or desirable for better assuring, conveying, granting, assigning and confirming the rights, security
interests and agreements granted or intended to be granted by this Agreement and the Note.
Section 5.08. Entire Agreement. This Agreement constitutes the entire agreement
between the parties and supersedes all prior oral and written agreements between the parties hereto
with respect to the Loan. In the event of any inconsistency between the provisions of this
Agreement and anything contained in the Application, the provisions of this Agreement shall
prevail.
Section 5.09. Amendment of this Agreement. This Agreement, or any part
hereof, may be amended from time to time hereafter only if and to the extent permitted by the
Indenture and only by an instrument in writing jointly executed by the Administration and the
Borrower.
Section 5.10. Disclaimer of Relationships. The Borrower acknowledges that the
obligation of the Administration is limited to making the Loan in the manner and on the terms set
forth in this Agreement. Nothing in this Agreement and no act of either the Administration or of
the Borrower shall be deemed or construed by either of them, or by third persons, to create any
relationship of third-party beneficiary, principal and agent, limited or general partnership, or joint
venture, or of any association or relationship whatsoever involving the Borrower and the
Administration.
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Section 5.11. Effective Date. The effective date of this Agreement shall be the
Loan Closing Date, provided this Agreement shall have been executed and delivered by all of the
parties hereto on or prior to such date.
Section 5.12. Term of this Agreement. Unless sooner terminated pursuant to
Article IV of this Agreement, or by the mutual consent of the Borrower and the Administration,
this Agreement shall continue and remain in full force and effect until the Loan, together with
interest and all other sums due and owing in connection with this Agreement or the Loan, have
been paid in full to the satisfaction of the Administration. Upon payment in full of the Loan
together with interest and all other sums due and owing in connection with this Agreement or the
Loan from any source whatsoever, this Agreement shall be terminated.
Section 5.13. Delegation Not to Relieve Obligations. The delegation by the
Borrower of the planning, construction or carrying out of the Project shall not relieve the Borrower
of any obligations under this Agreement and any other documents executed in connection with the
Loan.
Section 5.14. Additional Terms. This Agreement shall also be subject to the
additional terms, if any, set forth in Exhibit A hereto. The terms, if any, set forth in Exhibit A
shall be deemed to be a part of this Agreement as if set forth in full herein. In the case of any
conflict between the terms set forth in Exhibit A and any term of this Agreement, the terms set
forth in Exhibit A shall be controlling.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and delivered as of the day and year first above written.
(SEAL) LENDER:
WITNESS: MARYLAND WATER INFRASTRUCTURE
FINANCING ADMINISTRATION
______________________________ By: ____________________________________
Name: Name: Jeffrey Fretwell
Title: Title: Director
(SEAL)
ATTEST: BORROWER:
______________________________ By:
Name: Name:
Title: Title:
Approved for form and legal sufficiency Approved for form and legal sufficiency
this ____ day of _______________, 2024 this ____ day of _______________, 2024
____________________________ ______________________________
Name: Name:
Local Attorney for Borrower Assistant Attorney General
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EXHIBIT A
to Loan Agreement
Borrower Name: County Commissioners of Washington County
Address: 100 West Washington Street
Hagerstown, MD 21740-4727
Attention: The Honorable John F. Barr, President
Project Name: Smithsburg WWTP ENR Upgrade and Expansion
CONDITIONS TO INITIAL ADVANCE UNDER SECTION 3.03(b)(vi) OF LOAN
AGREEMENT:
NONE
ADDITIONAL TERMS APPLICABLE TO LOAN AGREEMENT:
The provisions of this Exhibit A shall be deemed to be a part of the foregoing Agreement
as if set forth in full therein. In the case of any conflict between this Exhibit A and any provision
thereof, the provisions of this Exhibit A shall be controlling, notwithstanding any other provisions
contained in the Agreement.
1. The first regularly scheduled payment of interest on the Loan shall be due on
February 1, 2025.
2. The Borrower agrees to comply with the Davis-Bacon Act requirements of Section
513 of the Federal Water Pollution Control Act for the entirety of construction
contract costs of the Project and shall include specific language regarding
compliance in its contracts and subcontracts.
3. The Borrower agrees to comply with the Use of American Iron and Steel
requirement of federal law, which provides that all of the iron and steel products
used in the Project are produced in the United States, unless a waiver is granted.
4. The Borrower agrees to comply with EPA’s Final Financial Assistance Conflict of
Interest Policy and report any instances of actual or potential conflicts of interest in
the award, administration, or monitoring of subawards arising from procurements
or other actions. Any conflicts of interest must be immediately disclosed to the
Administration within 30 days of discovery for further guidance.
The EPA’s Final Financial Assistance Conflict of Interest Policy is found at:
https://www.epa.gov/grants/epas-final-financial-assistance-conflict-interest-policy
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EXHIBIT A
to Loan Agreement
Borrower Name: County Commissioners of Washington County
Address: 100 West Washington Street
Hagerstown, MD 21740-4727
Attention: The Honorable John F. Barr, President
Project Name: Smithsburg WWTP ENR Upgrade and Expansion
ADDITIONAL TERMS APPLICABLE TO LOAN AGREEMENT (CONT.):
5. If this Project is financed with the use of federal funds under CFDA # 66.458, the
Borrower may be subject to a single audit to be undertaken by an independent
auditor in accordance with uniform administrative requirements, cost principles,
and audit requirements for federal awards, 2 C.F.R. § 200.501 (see generally,
Subpart F – Audit Requirements of 2 C.F.R. Part 200). The Borrower hereby agrees
to obtain such single audit, if required by the Single Audit Act.
6. Borrower agrees to comply with 2 CFR 200.216, which requires that EPA
recipients and subrecipients, including borrowers under EPA funded revolving loan
fund programs, are prohibited from obligating or expending loan or grant funds to
procure or obtain; extend or renew a contract to procure or obtain; or enter into a
contract (or extend or renew a contract) to procure or obtain equipment, services,
or systems that use covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part
of any system. As described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by
Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate
of such entities).
7. The Borrower agrees to comply with all federal requirements applicable to the
assistance received (including those imposed by the Infrastructure Investment and
Jobs Act, Public Law No. 117-58) which the Borrower understands includes, but is
not limited to, the following requirements: that all of the iron and steel,
manufactured products, and construction materials used in the Project are to be
produced in the United States (“Build America, Buy America Requirements”)
unless (i) the Borrower has requested and obtained a waiver pertaining to the
Project that has been approved by the Administration, or the Project is otherwise
covered by a general applicability waiver; or (ii) all of the contributing federal
agencies have otherwise advised the Borrower in writing that the Build America,
Buy America Requirements are not applicable to the Project.
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EXHIBIT A
to Loan Agreement
Borrower Name: County Commissioners of Washington County
Address: 100 West Washington Street
Hagerstown, MD 21740-4727
Attention: The Honorable John F. Barr, President
Project Name: Smithsburg WWTP ENR Upgrade and Expansion
ADDITIONAL TERMS APPLICABLE TO LOAN AGREEMENT (CONT.):
8. The Borrower further agrees to comply with all record keeping and reporting
requirements under all applicable legal authorities, including any reports required
by EPA and/or the State, such as performance indicators of program deliverables,
information on costs and project progress. The Borrower understands that (i) each
contract and subcontract related to the Project is subject to audit by appropriate
federal and state entities and (ii) failure to comply with the applicable legal
requirements and this Agreement may result in a Default or Event of Default
hereunder and the Administration may exercise remedies available to it on default,
including but not limited to declaring all amounts due hereunder and under the Note
immediately due and payable, terminating and/or requiring repayment of grants,
cooperative agreements, direct assistance or other types of financial assistance,
and/or other remedial actions.
9. The Borrower must disclose, in a timely manner, in writing to the EPA, the
Administration, and the EPA Office of Inspector General all violations of civil
False Claims Act violations and Federal criminal law violations involving fraud,
bribery, or gratuity violations in connection with the Loan (including any contracts
or subcontracts thereunder). The “credible evidence” standard shall be used. This
is commonly defined as information “that is worthy of belief, trustworthy
evidence.” Using this standard means that the Borrower does not need to make a
firm legal determination that a civil or criminal law has been violated before they
are required to disclose the violation to the Administration, EPA, and the EPA OIG.
Disclosures to the EPA OIG should be made using the form located at
https://www.epaoig.gov/sites/default/files/document/2023-04/disclosure fillable
form 3-5-21.pdf. The form can be completed online or emailed to
OIG.Hotline@epa.gov. The Borrower is also required to report certain civil,
criminal, or administrative proceedings to SAM.gov. Failure to make required
disclosures can result in any of the remedies described in 2 CFR 200.339. (See also
2 CFR part 180, 31 U.S.C. 321, and 41 U.S.C. 2313).
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EXHIBIT B
to Loan Agreement
Borrower Name: County Commissioners of Washington County
Address: 100 West Washington Street
Hagerstown, MD 21740-4727
Attention: The Honorable John F. Barr, President
Project Name: Smithsburg WWTP ENR Upgrade and Expansion
DESCRIPTION OF THE LOAN
(1) Project Name: Smithsburg WWTP ENR Upgrade and Expansion
(2) Maximum Principal Amount of Loan Commitment: $ 4,488,552.00
(3) Rate of Interest: TBD % (Based upon 50% of the ____________ 2024 average of the
Bond Buyer 11-Bond Index)
(4) Amortization Schedule:
(a) 20 years
$1,000 Mini Principal Payment Date: NA
Date of First of 20 Amortizing Principal Payments: February 1, 2026
(b) Level Principal __________; or
Level Debt Service ______X______; or
Other _________________
(5) Annual Administrative Fee: $ TBD , beginning August 1, 2025.
(6) Estimated Completion Date of Project: July 2025
(7) Default Rate: ___ TBD___% (Based upon the ___________ 2024 average of the Bond
Buyer 11-Bond Index)
(8) Description of Project: The proposed project consists of the upgrade and expansion of the
existing 0.333 million gallons per day (mgd) Smithsburg Wastewater Treatment Plant
(WWTP). The WWTP upgrade involves planning, design, and construction of Enhanced
Nutrient Removal (ENR) facilities to achieve Total Nitrogen (TN) removal to a level of
3.0 mg/l and Total Phosphorus (TP) to 0.3 mg/l, while the expansion is to increase the
existing WWTP capacity from 0.333 mgd to a permitted design capacity of 0.45 mgd to
accommodate planned growth within Washington County.
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EXHIBIT B
to Loan Agreement
Borrower Name: County Commissioners of Washington County
Address: 100 West Washington Street
Hagerstown, MD 21740-4727
Attention: The Honorable John F. Barr, President
Project Name: Smithsburg WWTP ENR Upgrade and Expansion
DESCRIPTION OF THE LOAN (CONT.)
(9) Address for Borrower’s Office(s) Where Books and Records Are Kept, if different from
address printed above:
100 West Washington Street, Suite 3100
Hagerstown, MD 21740-4794
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EXHIBIT C
to Loan Agreement
Borrower Name: County Commissioners of Washington County
Address: 100 West Washington Street
Hagerstown, MD 21740-4727
Attention: The Honorable John F. Barr, President
Project Name: Smithsburg WWTP ENR Upgrade and Expansion
PROJECT BUDGET
Breakdown of Eligible Project Costs:
A. Portion of Eligible Project Costs to be directly financed:
Allocated
Description Amount of Loan*
Eligible Project Costs include administrative and
legal expenses, planning/design engineering fees,
construction costs, construction phase engineering/
inspection fees and contingencies
Subtotal Loan: $ 4,272,784.00
B. Portion of Eligible Project Costs for which Borrower will be reimbursed at closing, which
the Borrower hereby certifies were paid or incurred prior to the date of the Agreement, in
anticipation of being reimbursed through a loan from the Administration (and subject to
compliance with Sections 2.02(l) and 3.03(a) of the Agreement):
Allocated
Description Amount of Loan
Eligible Project Costs include administrative and
legal expenses, planning/design engineering fees,
construction costs, construction phase engineering/
inspection fees and contingencies
Total Reimbursement at Closing: $ 215,768.00
Total Loan: $ 4,488,552.00
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EXHIBIT C
to Loan Agreement
Borrower Name: County Commissioners of Washington County
Address: 100 West Washington Street
Hagerstown, MD 21740-4727
Attention: The Honorable John F. Barr, President
Project Name: Smithsburg WWTP ENR Upgrade and Expansion
C. Construction Cash Draw Schedule*
Federal Quarter Cash Disbursements*
FFY 24 Q4 (Jul 24 – Sep 24) $ 215,768.00
FFY 25 Q1 (Oct 24 – Dec 24) $ 906,392.00
FFY 25 Q2 (Jan 25 – Mar 25) $ 1,122,131.00
FFY 25 Q3 (Apr 25 – June 25) $ 1,122,131.00
FFY 25 Q4 (Jul 25 – Sep 25) $ 1,122,130.00
Total Disbursements: $ 4,488,552.00
* SUBJECT TO CHANGE WITH CONSENT OF THE ADMINISTRATION IN ITS
DISCRETION UNDER SECTION 2.02(d) OF THIS AGREEMENT
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EXHIBIT D
to Loan Agreement
OPINION OF BORROWER’S COUNSEL
[LETTERHEAD OF COUNSEL TO BORROWER]
[CLOSING DATE]
Maryland Water Infrastructure
Financing Administration
1800 Washington Blvd.
Baltimore, Maryland 21230-1718
Ladies and Gentlemen:
We are counsel to [NAME OF BORROWER], a [body politic and corporate and a
political subdivision] [municipal corporation] [other appropriate description] of the State of
Maryland (the “Borrower”) in connection with the loan (the “Loan”) by Maryland Water
Infrastructure Financing Administration (the “Administration”) to the Borrower of funds to finance
all or a portion of the costs of a project (the “Project”) described in Exhibit B to the Loan
Agreement dated as of , 2024 (the “Agreement”) by and between the Administration and
the Borrower.
In this connection, we have reviewed such records, certificates, and other
documents as we have considered necessary or appropriate for the purposes of this opinion,
including, without limitation, the Agreement and the Borrower’s $ Water Quality Bond, Series
2024, dated , 2024 (the “Note”). The Agreement and the Note are referred to herein
collectively as the “Loan Documents”. Based on such review, and such other considerations of
law and fact as we believe to be relevant, we are of the opinion that:
(a) The Borrower is a validly created and existing [body politic and corporate
and a political subdivision] [municipal corporation] [other appropriate description] of the State of
Maryland, possessing authority to acquire, construct and operate the Project and to enter into the
Loan Documents and perform its obligations thereunder.
(b) The Borrower has duly authorized, executed and delivered the Loan
Documents and, assuming due authorization, execution and delivery of the Agreement by the
Administration, the Loan Documents constitute legal, valid and binding obligations of the
Borrower enforceable in accordance with their respective terms.
D-2 of 2
2024 CW Tax-Exempt Loan Agreement
09/01/2024
(c) The Note is a general obligation of the Borrower to which its full faith and
credit is pledged payable, if and to the extent not paid from other sources as described in the
Agreement, from ad valorem taxes, unlimited as to rate and amount, which the Borrower is
empowered to levy on all real and tangible personal property within its corporate limits subject to
assessment for unlimited taxation by the Borrower.
(d) The Loan Documents and the enforceability thereof are subject to
bankruptcy, insolvency, moratorium, reorganization and other state and federal laws affecting the
enforcement of creditors’ rights and to general principles of equity.
(e) To the best of our knowledge after reasonable investigation, the Borrower
has all necessary licenses, approvals and permits required to date under federal, state and local law
to own, construct and acquire the Project.
(f) Neither the execution and delivery of the Loan Documents, nor the
consummation of the transactions contemplated thereby, nor the acquisition and construction of
the Project, nor the fulfillment of or compliance with the terms and conditions of the Loan
Documents, conflicts with or results in a breach of or default under any of the terms, conditions or
provisions of the charter or laws governing the Borrower (including any limit on indebtedness) or,
to the best of our knowledge after reasonable investigation, any agreement, contract or other
instrument, or law, ordinance, regulation, or judicial or other governmental order, to which the
Borrower is now a party or by which the Borrower or its properties are otherwise subject or bound,
and the Borrower is not otherwise in violation of any of the foregoing in a manner material to the
transactions contemplated by the Loan Documents.
(g) To the best of our knowledge after reasonable investigation, there is no
action, suit, proceeding or investigation, at law or in equity, before or by any court, governmental
agency or public board or body pending or threatened against or affecting the Borrower that, if
adversely determined, would materially affect the ability of the Borrower to perform its obligations
under the Loan Documents, which has not been disclosed in writing to the Administration.
We hereby authorize Bond Counsel to the Administration to rely on this opinion as
if we had addressed this opinion to them in addition to you.
Very truly yours,
E-1 of 1
2024 CW Tax-Exempt Loan Agreement
09/01/2024
EXHIBIT E
to Loan Agreement
Borrower Name: County Commissioners of Washington County
Address: 100 West Washington Street
Hagerstown, MD 21740-4727
Attention: The Honorable John F. Barr, President
Project Name: Smithsburg WWTP ENR Upgrade and Expansion
DESCRIPTION OF DEDICATED REVENUES*
Water and sewer user charges, including any and all fees for use of the public water and sewer
system or connection to it.
* The identification of the dedicated source or sources of revenues above is intended to specify a
source or sources of revenues available in sufficient amount to provide for the payment of the costs
of operating and maintaining the Project as well as the payment of the costs of debt service of any
borrowing incurred to finance the Project. The specification of a dedicated source or sources of
revenues above is not intended to constitute an undertaking by the Borrower to pledge, segregate
or otherwise set aside any specific funds of the Borrower with the expectation that such funds
would be used to pay the debt service on the Loan.
F-1 of 4
2024 CW Tax-Exempt Loan Agreement
09/01/2024
EXHIBIT F
to Loan Agreement
$[MAX. AMT.] R-1
REGISTERED
UNITED STATES OF AMERICA
STATE OF MARYLAND
[NAME OF BORROWER]
WATER QUALITY BOND, SERIES 2024
Dated , 2024
PAYMENTS OF PRINCIPAL AND INTEREST ON THIS BOND ARE MADE
BY CHECK, DRAFT OR ELECTRONIC FUNDS TRANSFER TO THE
REGISTERED OWNER AND IT CANNOT BE DETERMINED FROM THE
FACE OF THIS BOND WHETHER ALL OR ANY PART OF THE PRINCIPAL
OF OR INTEREST ON THIS BOND HAS BEEN PAID.
REGISTERED OWNER: Maryland Water Infrastructure Financing
Administration
, a [body politic and corporate] [municipal corporation] [other
appropriate description] of the State of Maryland (the “Borrower”), hereby acknowledges itself
obligated to pay to the Registered Owner shown above, the principal amount of $ (the
“Maximum Principal Amount”) or so much thereof as shall have been advanced from time to time
under the terms of the Loan Agreement dated as of , 2024 (the “Loan Agreement”) by and
between the Borrower and the Maryland Water Infrastructure Financing Administration (the
“Administration”), plus interest on the unpaid principal advanced under the terms of the Loan
Agreement at the rate of per centum ( %) per annum.
The principal advanced under the Loan Agreement shall be paid in installments on the
dates and in the amounts as set forth in the following schedule, as such schedule may be amended
in accordance with the terms hereof:
F-2 of 4
2024 CW Tax-Exempt Loan Agreement
09/01/2024
If the Administration determines at any time to reduce the maximum amount of the Loan
Commitment (as defined in the Loan Agreement) in accordance with Section 3.08 of the Loan
Agreement, the Maximum Principal Amount shall be reduced accordingly and the Maximum
Principal Amount as so reduced shall be amortized in accordance with Section 3.08 of the Loan
Agreement. The Administration shall deliver, and the Borrower shall acknowledge in writing, a
certificate setting forth such reamortized payment schedule, which shall be attached hereto and
shall replace and supersede for all purposes the foregoing payment schedule. Any such reduction
shall not affect the obligation of the Borrower to pay the principal of and interest on this bond as
and when the same shall become due.
Notwithstanding the foregoing, all outstanding unpaid principal amounts advanced under
the Loan Agreement, if not previously due hereunder, shall be due on that date which is the lesser
of the useful life of the Project as determined by the Administration in its sole and absolute
discretion or [20] years after the date of completion of the Project (as defined in the Loan
Agreement), as certified by the Borrower to the Administration pursuant to Section 2.02(d) of the
Loan Agreement.
Interest due on the unpaid principal amounts advanced under the Loan Agreement shall
accrue on the basis of a 30-day month, 360-day year from the date of the respective advances of
such principal amount, and shall be paid on _____________, 20__, and semiannually thereafter
on the 1st day of _________ and __________ in each year until the principal amount hereof has
been paid.
This bond is subject to (i) a late charge for any payment of principal or interest that is
received later than the tenth day following its due date and (ii) interest on overdue installments of
principal and (to the extent permitted by law) interest at a rate equal to the Default Rate (as defined
in the Loan Agreement) in accordance with Section 3.04(b) of the Loan Agreement. Interest at
the Default Rate shall accrue on the basis of a 30-day month, 360-day year.
This bond is subject to prepayment only in accordance with Section 3.10 of the Loan
Agreement.
Both the principal of and interest on this bond will be paid to the registered owner in lawful
F-3 of 4
2024 CW Tax-Exempt Loan Agreement
09/01/2024
money of the United States of America, at the time of payment, and will be paid by electronic
funds transfer, or by check or draft mailed (by depositing such check or draft, correctly addressed
and postage prepaid, in the United States mail before the payment date) to the registered owner at
such address as the registered owner may designate from time to time by a notice in writing
delivered to the [INSERT BORROWER’S AUTHORIZED OFFICER].
This bond is issued pursuant to and in full conformity with the provisions of [INSERT
BORROWER’S LOCAL ACT(S)] and the Maryland Water Infrastructure Financing
Administration Act (codified as Sections 9-1601 to 9-1622, inclusive, of the Environment Article
of the Annotated Code of Maryland, as amended), and by virtue of due proceedings had and taken
by the Borrower, particularly [AN ORDINANCE AND OR A RESOLUTION] (numbered )
[INSERT BORROWER’S AUTHORIZING ORDINANCE OR RESOLUTION] (collectively, the
“Resolution”) adopted by Borrower.
This bond, together with the Loan Agreement, evidences the Loan (as defined in the Loan
Agreement) to the Borrower from the Maryland Water Infrastructure Financing Administration.
In accordance with the Loan Agreement, the principal amount of the Loan, being the amount
denominated as principal under this bond, is subject to reduction or adjustment by the
Administration in accordance with the Loan Agreement.
The full faith and credit and unlimited taxing power of the Borrower are hereby irrevocably
pledged to the prompt payment of the principal of and interest on this bond according to its terms,
and the Borrower does hereby covenant and agree to pay the principal of and interest on this bond
at the dates and in the manner prescribed herein.
This bond is transferable only after the first principal payment date as set forth above or
the date upon which the Maximum Principal Amount has been borrowed, whichever is earlier,
upon the books of the Borrower at the office of the [INSERT BORROWER’S AUTHORIZED
OFFICERS] by the registered owner hereof in person or by his attorney duly authorized in writing,
upon surrender hereof, together with a written instrument of transfer satisfactory to the [INSERT
BORROWER’S AUTHORIZED OFFICER], duly executed by the registered owner or his duly
authorized attorney. The Borrower shall, within a reasonable time, issue in the name of the
transferee a new registered bond or bonds, in such denominations as the Borrower shall by
resolution approve, in an aggregate principal amount equal to the unpaid principal amount of the
bond or bonds surrendered and with the same maturities and interest rate. If more than one bond
is issued upon any such transfer, the installment of principal and interest to be paid on each such
bond on each payment date shall be equal to the product of the following formula: the total
installment due on each payment date multiplied by a fraction, the numerator of which shall be the
principal amount of such bond and the denominator of which shall be the aggregate principal
amount of bonds then outstanding and unpaid. The new bond or bonds shall be delivered to the
transferee only after payment of any taxes on and any shipping or insurance expenses relating to
such transfer. The Borrower may deem and treat the party in whose name this bond is registered
as the absolute owner hereof for the purpose of receiving payment of or on account of the principal
hereof and interest due hereon and for all other purposes.
It is hereby certified and recited that all conditions, acts and things required by the
Constitution or statutes of the State of Maryland and the Resolution to exist, to have happened or
F-4 of 4
2024 CW Tax-Exempt Loan Agreement
09/01/2024
to have been performed precedent to or in the issuance of this bond, exist, have happened and have
been performed, and that the issuance of this bond, together with all other indebtedness of the
Borrower, is within every debt and other limit prescribed by said Constitution or statutes.
IN WITNESS WHEREOF, this bond has been executed by the manual signature of the
[INSERT AUTHORIZED OFFICERS] and the seal of the Borrower has been affixed hereto,
attested by the manual signature of the [INSERT AUTHORIZED OFFICER], all as of the day
of , 2024.
(SEAL)
ATTEST:
[NAME OF BORROWER]
By:
[AUTHORIZED OFFICER] [AUTHORIZED OFFICER]
Washington County, Maryland
Budget Adjustment Form
Preparer:
Budget Amendment
Budget Transfer
Fiscal Year
Deputy Director - Finance
0000
CNST
Explain Budget Adjustment
Attach Additional Items
(?)
BF Deputy DIrector Approval https://lf-forms.washco-md.net/Forms/form/avsubmission?RemoveHead=true&clientHandles...
1 of 1 8/19/2024, 9:28 AM
Open Session Item
SUBJECT: Contract Award (PUR-1683) Workers’ Compensation Third Party Administrator (TPA)
PRESENTATION DATE: August 27, 2024
PRESENTATION BY: Brian Overcash, Safety Compliance Administrator, Human Resources on behalf
of Rick F. Curry, CPPO, Director, Purchasing Department
RECOMMENDATION: Move to award the contract for Workers’ Compensation Third Party
Administrator Services to the responsive, responsible proposer, Davies Claims North America, Inc.,
(formally Johns Eastern Company, Inc.) of Lakewood, FL with the lowest Total Lump Sum Fee of
$201,747 for Fiscal Years 2025 (tentatively beginning September 1, 2024) through 2029.
REPORT-IN-BRIEF: The resulting contract will cover the services of a Workers’ Compensation Third
Party Administrator for the adjusting and administration of Washington County Workers’ Compensation
claims on behalf of the Washington County Self-Insurance Program. The term of the contract is for a one
(1) year period tentatively commencing September 1, 2024, with an option by the County to renew for up
to four (4) additional consecutive one (1) year periods thereafter.
The Request for Proposals (RFP) was advertised on the State’s eMaryland MarketplaceAdvantage web
site, on the County’s web site, and in the local newspaper. Twenty-eight (28) persons/firms accessed the
RFP from the County’s web site. Four (4) firms were represented at the Pre-Proposal
Conference/Teleconference. The Coordinating Committee was comprised of the Director of Human
Resources (Committee Chairman Designee), Human Resources Deputy Director, County Director of
Purchasing, County Safety Compliance Administrator, County Risk Management Administrator, and Janie
Thompson (Secretary non-voting).
Submittals were received from four (4) firms. Two (2) firm’s Qualifications & Experience/Technical
Proposal was considered non-responsive. The Price Proposals of the remaining responsive, responsible
firms were opened, clarifications were obtained, and costs were as indicated on the attached matrix.
DISCUSSION: N/A
FISCAL IMPACT: Davies proposes $38,000 for the first-year lump sum cost. Funding for these services
is in the general fund account from which all workers' compensation expenses and insurance premiums are
paid.
CONCURRENCES: The Coordinating Committee.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
ALTERNATIVES: N/A
ATTACHMENTS: Price Proposal Matrix
PUR-1683
PRICE PROPOSAL TABULATION
Davies Claims North America, Inc.
Lakewood Ranch, FL (SISCO)
Fiscal Year 2025 $38,000 $65,000
Fiscal Year 2026 $39,140 $67,000
Fiscal Year 2027 $40,314 $68,500
Fiscal Year 2028 $41,524 $71,000
Fiscal Year 2029 $42,769 $73,000
Total Lump Sum Fees $201,747 $344,500
1.
Med Only $200* $275
Workers Compensation –$750 $1,225
Medical Bill Review –zero zero
Per Bill minimum Fee
Percentage of Reduction Savings
Fee for Post Contract Claims Handling $595 $600
Davies *If annual claim counts exceed 20 indemnity or 75 medical only claims per year, the stated per-claim handling fees will be charged
for additional claims. Supplemental Information on next page.
RCM&D Self-Insured Services Company, Inc. (SISCO) Pricing Proposal on following pages.
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase (INTG-24-0152) – 2025 Ford Explorer
AWD Ford Police Interceptor Utility Vehicles for the Sheriff’s Office
PRESENTATION DATE: August 27, 2024
PRESENTATION BY: Sheriff Brian Albert, Washington County Sheriff’s Office on behalf of
Rick F. Curry, Director, Purchasing Department
RECOMMENDED MOTION: Move to authorize by Resolution, the Sheriff’s Office to
purchase sixteen (16) – 2025 Ford Police Inceptors Utility vehicles from Apple Ford of Columbia,
MD; cost per vehicle in the amount of 44,729; for the total sum amount of $715,664 and to utilize
another jurisdiction’s contract (#1B4600226) that was awarded by State of Maryland Department
of General Services.
REPORT-IN-BRIEF: The Sheriff’s Office is requesting to purchase sixteen (16) Ford Explorers
vehicles to replace vehicles that exceed the County’s Vehicle and Equipment Types and Usage
Guidelines. The County initiated the Vehicle and Equipment Types and Usage Guidelines in 2001.
The County’s replacement guidelines for vehicles less than 19,500 lbs. GVWR is recommended
at a ten (10) year economic life cycle. Nine (9) of the replaced vehicles will be advertised on
GovDeals.com for auction and seven (7) of the replaced vehicles will be reassigned to volunteer
fire, and municipalities.
The Code of Public Laws of Washington County, Maryland (the Public Local Laws) §1-106.3
provides that the Board of County Commissioners may procure goods and services through a
contract entered into by another governmental entity, in accordance with the terms of the contract,
regardless of whether the County was a party to the original contract. The State of Maryland
Department of General Services took the lead in soliciting the resulting agreement. If the Board of
County Commissioners determines that participation by Washington County would result in cost
benefits or administrative efficiencies, it could approve the purchase of these vehicles in
accordance with the Public Local Laws referenced above by resolving that participation would
result in cost benefits or in administrative efficiencies.
The County will benefit from direct cost savings in the purchase of these vehicles because of the
economies of scale this buying group leveraged. I am confident that any bid received as a result of
an independent County solicitation would exceed the spending savings that the State of Maryland
Department of General Services contract provides through this agreement. Additionally, the
County will realize savings through administrative efficiencies as a result of not preparing,
soliciting and evaluating a bid. This savings/cost avoidance would, I believe, be significant.
DISCUSSION: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
FISCAL IMPACT: Funds in the amount of $984,307 are available in the department’s Capital
Improvement Plan (CIP) account VEH006.
CONCURRENCES: N/A
ALTERNATIVES:
1. Process a formal bid and the County could possibly incur a higher cost for the purchase, or
2. Do not award the purchase of vehicles.
ATTACHMENTS: Apple Ford quote
AUDIO/VISUAL NEEDS: N/A
FORD
C7pple L NCOLN
®rive Us
Fleet/Government Sales
8800 Stanford Blvd, Columbia, MD 21045
07/11/2024
Sheriff Brian K. Albert
Washington County, MD
500 Western Maryland Parkway
Hagerstown, MD 21740
Quote for 2025 Ford Police Interceptor Utility Riding the MD BPO#00184600226.
Vehicle
2025 Ford Explorer PIU AWD
$44,129.00
EQ
50OA-ALL STD OPTIONS
(STD Options Listed On Second Page Of Proposal)
N/C
99B
3.3L V6 Gas Engine
N/C
44U
10 Speed Auto Trans
N/C
51R
Unity Spotlamp
$400.00
59D
Key Alike 0135X
$50.00
60R
Noise Suppression Bonds (Ground Straps)
$100.00
942
Daytime Running Lights (non configurable)
$50.00
Color
Oxford White (YZ)
Interior
Front Cloth/Rear Vinal
Delivery Days
150 Days ARO
Net Price Per (1) Unit:$44,729.00 X (12) Units:
$536,748.00
Please contact me with any questions, changes, or to finalize your order. I look forward to hearing from
you. You can reach me at 443-539-1223 or by e-mail at: Jskipper@AppleFord.com.
Thank you,
Justin Skipper
ORD
C ppl i L NCOIN
Drive Us
Fleet/Government Sales
8800 Stanford Blvd. Columbia, MD 21045
07/11/2024
Sheriff Brian K. Albert
Washington County, MD
500 Western Maryland Parkway
Hagerstown, MD 21740
Quote for 2025 Ford Police Interceptor Utility Riding the MD BPON001B4600226.
Vehicle
2025 Ford Explorer PIU AWD
$44,129,00
EQ
50OA-ALL STD OPTIONS
(STD Options Listed On Second Page Of Proposal)
N/C
99B
3.3L V6 Gas Engine
N/C
44U
10 Speed Auto Trans
N/C
51R
Unity Spotlamp
$400.00
59D
Key Alike 0135X
$50.00
6011
Noise Suppression Bonds (Ground Straps)
$100.00
942
Daytime Running Lights (non configurable)
$50.00
Color
Agate Black (UM)
Interior
Front Cloth/Rear Vinal
Delivery Days
150 Days ARO
Net Price Per (1) Unit:
$44,729.00
Please contact me with any questions, changes, or to finalize your order. I look forward to hearing from
you. You can reach me at 443-539-1223 or by e-mail at: Jskipper@AppleFord.com.
Thank you,
Justin Skipper
FORD
cippie i LINCOLN
Drive Us
Fleet/Government Sales
8800 Stanford Blvd. Columbia, MD 21045
07/11/2024
Sheriff Brian K. Albert
Washington County, MD
500 Western Maryland Parkway
Hagerstown, MD 21740
Quote for 2025 Ford Police Interceptor Utility Riding the MD BPOg001B4600226.
Vehicle
2025 Ford Explorer PIU AWD
$44,129.00
EQ
50OA-ALL STD OPTIONS
(STD Options Listed On Second Page Of Proposal)
N/C
99B
3.31- V6 Gas Engine
N/C
44U
10 Speed Auto Trans
N/C
51R
Unity Spotlamp
$400.00
59D
Key Alike 0135X
$50.00
60R
Noise Suppression Bonds (Ground Straps)
$100.00
942
Daytime Running Lights (non configurable)
$50.00
Color
Dark Blue (LK)
Interior
Front Cloth/Rear Vinal
Delivery Days
150 Days ARO
Net Price Per (1) Unit:
$44,725.00
Please contact me with any questions, changes, or to finalize your order. I look forward to hearing from
you. You can reach me at 443-539-1223 or by e-mail at: Jskipper@AppleFord.com.
Thank you,
Justin Skipper
FORD
74�.p(plel L NCOLN
®rive Us
Fleet/Government Sales
8800 Stanford Blvd. Columbia, MD 21045
07/11/2024
Sheriff Brian K. Albert
Washington County, MD
500 Western Maryland Parkway
Hagerstown, MD 21740
Quote for 2025 Ford Police Interceptor Utility Riding the MD BPOtt001B4600226.
Vehicle
2025 Ford Explorer PIU AWD
$44,129.00
EQ
50OA-ALL STD OPTIONS
(STD Options Listed On Second Page Of Proposal)
N/C
99B
3.31- V6 Gas Engine
N/C
44U
10 Speed Auto Trans
N/C
51R
Unity Spotlamp
$400.00
59D
Key Alike 0135X
$50.00
60R
Noise Suppression Bonds (Ground Straps)
$100.00
942
Daytime Running Lights (non configurable)
$50.00
Color
Silver Gray (TN)
Interior
Front Cloth/Rear Vinal
Delivery Days
150 Days ARO
Net Price Per (1) Unit:
$44,729.00
Please contact me with any questions, changes, or to finalize your order. I look forward to hearing from
you. You can reach me at 443-539-1223 or by e-mail at: Jskipper@AppleFord.com.
Thank you,
Justin Skipper
FORT)
(:�pplel LINCOLN
Drive U0
Fleet/Government Sales
8800 Stanford Blvd. Columbia, MD 21045
07/11/2024
Sheriff Brian K. Albert
Washington County, MD
500 Western Maryland Parkway
Hagerstown, MD 21740
Quote for 2025 Ford Police Interceptor Utility Riding the MD BPOg001B4600226.
Vehicle
2025 Ford Explorer PIU AWD
$44,129.00
EQ
50OA-ALL STD OPTIONS
(STD Options Listed On Second Page Of Proposal)
N/C
996
3.31- V6 Gas Engine
N/C
44U
10 Speed Auto Trans
N/C
51R
Unity Spotlamp
$400.00
59D
Key Alike 0135X
$50.00
60R
Noise Suppression Bonds (Ground Straps)
$100.00
942
Daytime Running Lights (non configurable)
$50.00
Color
Kodiak Brown (11)
Interior
Front Cloth/Rear Vinal
Delivery Days
150 Days ARO
Net Price Per (1) Unit:
$44,729.00
Please contact me with any questions, changes, or to finalize your order. I look forward to hearing from
you. You can reach me at 443-539-1223 or by e-mail at: Jskipper@AppleFord.com.
Thank you,
Justin Skipper
Page 1 of 2
RESOLUTION NO. RS-2024-
(Intergovernmental Cooperative Purchase [INTG-24-0152] 2025 Ford Explorer AWD
Ford Police Interceptor Utility Vehicles for the Sheriff’s Office)
RECITALS
The Code of Public Local Laws of Washington County, Maryland (the “Public Local
Laws”), § 1-106.3, provides that the Board of County Commissioners of Washington County,
Maryland (the “Board”), “may procure goods and services through a contract entered into by
another governmental entity in accordance with the terms of the contract, regardless of whether
the county was a party to the original contract.”
Subsection (c) of § 1-106.3 provides that “A determination to allow or participate in an
intergovernmental cooperative purchasing arrangement under subsection (b) of this section shall
be by resolution and shall either indicate that the participation will provide cost benefits to the
county or result in administrative efficiencies and savings or provide other justifications for the
arrangement.”
The Sheriff’s Office is requesting to purchase sixteen (16) 2025 Ford Police Interceptor
utility vehicles from Apple Ford of Columbia, Maryland, at a per vehicle cost of $44,729, for a
total sum of $715,664, and to utilize another jurisdiction’s contract (#1B4600226) that was awarded
by the State of Maryland Department of General Services to Apple Ford.
Eliminating the County’s bid process will result in administrative and cost savings for the
County. The County will benefit with direct cost savings because of the economy of scale the
aforementioned contract has leveraged. Additionally, the County will realize administrative
efficiencies and savings as a result of not preparing, soliciting, and evaluating bids.
NOW, THEREFORE, BE IT RESOLVED by the Board, pursuant to § 1-106.3 of the Public
Local Laws, that the Sheriff’s Office is hereby authorized to purchase sixteen (16) 2025 Ford Police
Interceptor utility vehicles from Apple Ford of Columbia, Maryland, for a total cost of $715,664,
and to utilize another jurisdiction’s contract (#1B4600226) that was awarded by the State of
Maryland Department of General Services to Apple Ford.
Adopted and effective this ____ day of ________, 2024.
Page 2 of 2
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
_____________________________ BY: ______________________________________
Dawn L. Marcus, County Clerk John F. Barr, President
Approved as to form
and legal sufficiency: Mail to:
Office of the County Attorney
______________________________ 100 W. Washington Street, Suite 1101
Zachary J. Kieffer Hagerstown, MD 21740
County Attorney
Open Session Item
SUBJECT: Intergovernmental Cooperative Purchase (INTG-24-0154) One (1) New 2024 F550
Extended Chassis/Cab Truck w/Reading Utility Body
PRESENTATION DATE: August 27, 2024
PRESENTATION BY: Mark Bradshaw, P.E., Division Director, Environmental Management on
behalf of Rick F. Curry, Director of Purchasing Department
RECOMMENDATION: Move to authorize by Resolution, the Department of Water Quality to
purchase one (1) new/used 2024 Ford F550 Super Duty chassis/cab with a Reading Utility body in the
amount of $111,074 from Apple Ford of Columbia, MD and to utilize another jurisdiction’s contract
(#00004504) that was awarded by Baltimore County, MD Procurement Office to Apple Ford.
REPORT-IN-BRIEF: The Département of Water Quality is requesting to purchase one (1) new 2024
Ford F550 Extended chassis/cab with a Reading utility body to replace a 1999 pickup with 196K+
mlies that exceeds the County’s Vehicle and Equipment Types and Usage Guidelines. The County
initiated the Vehicle and Equipment Types and Usage Guideline in 2001. The County’s replacement
guidelines for less than 19,500 lbs. GVWR is recommended at a ten (10) year economic life cycle. The
replaced vehicle will be sold on GovDeals.
The Code of Public Laws of Washington County, Maryland (the Public Local Laws) 1-106.3 provides
that the Board of County Commissioners may procure goods and services through a contract entered
into by another governmental entity, in accordance with the terms of the contract, regardless of whether
the County was a part to the original contract. If the Board of County Commissioners determines that
participation by Washington County would result in cost benefits or administrative efficiencies, it could
approve the procurement of the vehicle in accordance with the Public Local Laws referenced above
that participation would result in cost benefits or in administrative efficiencies.
The County will benefit from the direct cost savings in the purchase of this vehicle because of the
economies of scale this contract has leveraged. Additionally, the County will realize savings through
administrative efficiencies as a result of not preparing, soliciting and evaluating a bid. Acquisition of
the vehicle by utilizing the Baltimore County, MD Procurement Office contract and eliminating our
county’s bid process would result in administrative and cost savings for the Department of Water
Quality and Purchasing Department in preparing specifications.
DISCUSSION: N/A
FISCAL IMPACT: Funds in the amount of $232,000 are budgeted in the department’s Capital
Improvement Budget (CIP) 37-40010-VEH007
CONCURRENCES: N/A
ATTACHMENTS: Apple Ford quote.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Fleet/Government Sales
8800 Stanford Blvd. Columbia, MD 21045 7/18/24
Quote for 2024 Ford F-550 With Reading Enclosed Utility Riding Baltimore County Contract #00004504
Vehicle 2024 F-550 Extended Cab 4x4 $112,874
99T 6.7L Diesel Engine
44G 10 Speed Auto Trans
TGM 19.5” Traction Tires
X4L 4.30 Limited Slip Rear
18B Platform Running Boards
41H Engine Block Heater
41P Skid Plates
473 Snow Plow Prep
52S Interior Work Surface
535 High Capacity Trailer Tow
68M Payload Plus 19,500 GVWR
76C Exterior Back Up Alarm
872 Rear View Camera
96V XL Chrome Package
-Fog lamps
-Back Glass Defrost
-Remote Start
Reading 11’ 72” Tall Enclosed Utility
-Electric Locks
-Three Bar Ladder rack
BCD Baltimore County Discount -$1,800
Color Exterior: White
Interior: Dark Slate Vinyl
Delivery Days 90 Days
Quantity: 1 Total Price for 1 Unit $111,074
Please contact me with any questions, changes, or to finalize your order. I look forward to hearing from
you. You can reach me at 443-539-1281 or by e -mail at: nruby@AppleFord.com.
Thank you,
Noah Ruby
Page 1 of 2
RESOLUTION NO. RS-2024-
(Intergovernmental Cooperative Purchase [INTG-24-0154] One [1] New 2024 F550
Extended Chassis/Cab Truck with Reading Utility Body)
RECITALS
The Code of Public Local Laws of Washington County, Maryland (the “Public Local
Laws”), § 1-106.3, provides that the Board of County Commissioners of Washington County,
Maryland (the “Board”), “may procure goods and services through a contract entered into by
another governmental entity in accordance with the terms of the contract, regardless of whether
the county was a party to the original contract.”
Subsection (c) of § 1-106.3 provides that “A determination to allow or participate in an
intergovernmental cooperative purchasing arrangement under subsection (b) of this section shall
be by resolution and shall either indicate that the participation will provide cost benefits to the
county or result in administrative efficiencies and savings or provide other justifications for the
arrangement.”
The Department of Water Quality is requesting to purchase one (1) new/used 2024 Ford
F550 Super Duty chassis/cab with a Knapheide crane body in the amount of $110,074 from Apple
Ford of Columbia, Maryland, and to utilize another jurisdiction’s contract (#00004504) that was
awarded by Baltimore County, Maryland Procurement Office to Apple Ford.
Eliminating the County’s bid process will result in administrative and cost savings for the
County. The County will benefit with direct cost savings because of the economy of scale the
aforementioned contract has leveraged. Additionally, the County will realize administrative
efficiencies and savings as a result of not preparing, soliciting, and evaluating bids.
NOW, THEREFORE, BE IT RESOLVED by the Board, pursuant to § 1-106.3 of the Public
Local Laws, that the Department of Water Quality is hereby authorized to purchase one (1)
new/used 2024 Ford F550 Super Duty chassis/cab with a Knapheide crane body in the amount of
$110,074 from Apple Ford of Columbia, Maryland, and to utilize another jurisdiction’s contract
(#00004504) that was awarded by Baltimore County, Maryland Procurement Office to Apple
Ford.
Adopted and effective this ____ day of ________, 2024.
Page 2 of 2
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
_____________________________ BY: ______________________________________
Dawn L. Marcus, County Clerk John F. Barr, President
Approved as to form
and legal sufficiency: Mail to:
Office of the County Attorney
______________________________ 100 W. Washington Street, Suite 1101
Zachary J. Kieffer Hagerstown, MD 21740
County Attorney
Open Session Item
SUBJECT: FY25 Senior Citizen Activities Center Operating Fund Grant– Approval Accept
Awarded Funding
PRESENTATION DATE: August 27, 2024
PRESENTATION BY: Richard Lesh, Grant Manager, Office of Grant Management and Amy
Olack, CEO, Washington County Commission on Aging
RECOMMENDED MOTION: Move to approve the acceptance of funding awarded under the
Senior Citizens Activities Center Operating Fund Grant program from the Maryland Department
of Aging in the amount of $51,572.00.
REPORT-IN-BRIEF: The Washington County Office of Grant Management is seeking
approval on behalf of the Washington County Commission on Aging to accept funding in the
amount of $51,572.00 which will be utilized to offset the cost of salaries for the Senior Center
staff.
DISCUSSION: The Maryland Department of Aging requires applications to only be submitted
by local governments; therefore, the County is the grant applicant and will enter into a sub-
recipient agreement with the Washington County Commission on Aging to implement the grant
funded projects. The awarded funds will be received and disbursed through the County’s Budget
and Finance office and the Office of Grant Management will ensure all required fiscal and
programmatic reports are submitted in an accurate and timely manner. The grant performance
period is from July 1, 2024 through June 30, 2025 and matching funds are not required.
FISCAL IMPACT: Recurring expenses will be the sole responsibility of the Washington
County Commission on Aging.
CONCURRENCES: Nicole Phillips, Senior Grant Manager, Office of Grant Management
ALTERNATIVES: Deny acceptance of awarded funds
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Maryland 9-1-1 Board – Approval to Submit Application and Accept Awarded
Funding
PRESENTATION DATE: August 27, 2024
PRESENTATION BY: Alan Matheny, Director, Emergency Management, Kelly Fisher, Deputy
Director, Division of Emergency Services and Richard Lesh, Grant Manager, Office of Grant
Management
RECOMMENDED MOTION: Move to approve the submission of grant application to the
Maryland 9-1-1 Board in the amount of $42,351.50 and accept funding as awarded for Training,
Consulting and Quality Assurance Software yearly renewals.
REPORT-IN-BRIEF: The Division of Emergency Services is requesting approval for the
submission of grant application and to accept grant funds in the amount of $42,351.50 from the
Maryland 9-1-1 Board.
DISCUSSION: Washington County Emergency Services is requesting funding for Priority
Dispatch annual maintenance, AQUA and Emergency Service Plan (ESP) card set license
renewals, service and support costs. Priority Dispatch provides Emergency Fire, Medical, and
Policy protocols and an AQUA program to perform quality assurance for the Washington County
agency.
The total cost for maintenance, AQUA and ESP license renewals, services, and support provided
by Priority Dispatch July 1, 2024 through June 30, 2025 (FY25) is $42,351.50
FISCAL IMPACT: Provides $42,351.50 for the Division of Emergency Services.
CONCURRENCES: Nicole Phillips, Senior Grant Manager, 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: Community Organization Funding – Available Funding and Service Priority Area
Allocations
PRESENTATION DATE: August 27, 2024
PRESENTATION BY: Nicole Phillips, Senior Grant Manager, Office of Grant Management
RECOMMENDED MOTION(S): Move to approve the Community Organization Funding
Service Priority Areas and their respective available funding amounts as presented (or amended).
REPORT-IN-BRIEF: The Community Organization Funding Committee is preparing for the
fiscal year 2026 application and review process. As was agreed upon when the program was
created, the Board of County Commissioners shall annually determine and approve the service
priority areas eligible to receive funding consideration. The Board shall also set or approve the
total available funding that should be dedicated to each established service priority area.
DISCUSSION: Historically the Board has funded six (6) service priority areas which are: Arts
& Culture, Domestic Violence, Families and Children, Recreation, Seniors and Other. These
service priority areas have encompassed and included all applications received and have not
excluded an organization from making application for funding.
For the purposes of the Committees’ fiscal year 2026 considerations, Washington County’s
Chief Financial Officer has indicated $1,200,000 is available for distribution. This amount is the
same as the allocation approved for FY25. This total is subject to adjustment as the fiscal year
2026 budget is discussed.
It is the recommendation of the County’s CFO and the Office of Grant Management that the
amount of funding made available for each respective service priority be set as indicated below.
Service Priority Area Funding Available Percent of Available Funds
Arts & Culture $135,600 11.3%
Domestic Violence $386,400 32.2%
Families & Children $494,400 41.2%
Recreation $33,600 2.8%
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Seniors $136,800 11.4%
Other $13,200 1.1%
Total $1,200,000 100%
As previously agreed by the Board, the COF Committee does have the latitude to move twenty
(20) percent of the approved amounts from one service priority to another, but every year the
amount of funding available for a specific service priority area will return to the approved base
figure as set by the Board.
On August 31, 2021, the Board voted to allow the inclusion of capital expenses as eligible costs
funded through Community Organization Funding. This inclusion has not had an adverse impact
upon the program and provided increased flexibility for applicants; therefore, it is recommended
that the grant continue to fund both capital and operating expenses.
Historically, the COF Grant program has provided funding for an average of 30 non-profit
organizations annually. The submitted applications are reviewed and scored by the Committee
based upon the following scoring criteria:
Criteria Maximum Points
1. Statement of Need 20
2. Past Performance 5
3. Organizational Capacity and Staffing Plan 20
4. Program Plan 35
5. Collaborations, Partnerships, & Coordination of Services 10
6. Budget Spread Sheet and Budget Narrative 10
Maximum Score 100
FISCAL IMPACT: The fiscal impact of Community Organization Funding is dependent upon
funding decisions made by the Board during the annual budgetary process.
CONCURRENCES: Kelcee Mace, Chief Financial Officer, Washington County, Maryland
ALTERNATIVES: The Board may amend service priorities and funding amounts and eligible
expenses as deemed appropriate.
ATTACHMENTS: N/A
AUDIO/VISUAL TO BE USED: N/A
Open Session Item
SUBJECT: Employee Giving Campaign Discussion
PRESENTATION DATE: August 27th, 2024
PRESENTATION BY: Chip Rose, HR Director
RECOMMENDED MOTION: Motion to approve United Way as the singular partner for the Employee
Giving Campaign and to end the relationship with Creating Healthier Communities (CHC).
REPORT-IN-BRIEF: Staff is bringing forward information related to the providers used for the
Employee Giving Campaign and is seeking approval on the recommended provider of United Way of
Washington County, MD.
DISCUSSION: During conversations with our CHC representative, we learned CHC has been charging
an Administrative and Fundraising (AFR) Processing Fee of 15% on all donations given through our
Employee Giving Campaign. They said this was required of all donations. Meanwhile, United Way of
Washington County charges no administration fees unless you ask them to establish a relationship with a
new charity (and then it’s typically 5-7%). Both partners offer hundreds of charities to donate to. Both have
manual enrollment forms. United Way is willing to explore automating the process with us. CHC will only
allow automation if we purchase their automation software. It feels redundant to continue to partner with
both non-profit organizations for the Employee Giving Campaign.
FISCAL IMPACT: None to the County, 15% of the employee’s donation goes to CHC admin fees.
CONCURRENCES: Michelle Gordon, County Administrator.
ATTACHMENTS: A sample list of charities has been included (next page).
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
UNITED WAY CHARITIES (Sample)
1 American Red Cross
3 Big Brothers Big Sisters
4 Boys & Girls Club
5 Breast Cancer Awareness
12 Commission on Aging
30 Habitat for Humanity
39 Head Start of Washington County
44 Horizon Goodwill Industries
45 Humane Society of Washington County
56 Meritus Health
69 Rotary Clubs of Hagerstown
70 Salvation Army
79
Open Session Item
SUBJECT: The Housing Authority of Washington County (HAWC) seeks approval of mortgage on
Parkview Knoll property and release of reverter clause on said property’s deed
PRESENTATION DATE: August 27, 2024
PRESENTATION BY: Morgan Gower, Executive Director of HAWC; Brian Kane, Counsel for
HAWC
RECOMMENDED MOTION: Approve to grant a lien on the Parkview Knoll property for secured
financing purposes; approve release of real property known as Parkview Knoll
REPORT-IN-BRIEF: The HAWC seeks to construct an office on the Parkview Knoll Housing
development property granted to it by the BOCC. Approval for the mortgage is necessary for such
construction. Additionally, HAWC requests a release of the reversion clauses in the Parkview Knoll
deed.
DISCUSSION: The HAWC’s current office lease at 319 East Antietam Street is set to terminate at the
end of 2025. The HAWC’s Board has elected to pursue construction of a new two-story building on
an undeveloped part of HAWC’s Parkview Knoll housing development in Williamsport in order to
house HAWC in an owned facility. The deed granting Parkview Knoll to HAWC from the
Commissioners requires the Commissioners’ express authorization of a lien on the property. The lien
currently being sought is the mortgage, through a private lender, needed to finance the construction of
HAWC’s new office building.
Ancillary to the first matter with the Parkview Knoll deed, HAWC’s second request seeks to release
the deed of its the reverter clauses constraining the property. When these clauses were placed on the
property, the parcel was undeveloped; since then, the parcel was developed for low to middle income
housing of the elderly as intended.
These two requests are similar to the approval sought from the Commissioners last August in regards
to the Blue Mountain Estates housing development expansion, This also requires no funds from the
County.
FISCAL IMPACT: N/A
CONCURRENCES: County Attorney
ATTACHMENTS: Proposed Ordinance approving Release of Real Property; Confirmatory deed for
Blue Mountain Estates (example of prior approved release)
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
ORDINANCE NO. ORD-2024
AN ORDINANCE TO APPROVE A CONFIRMATORY DEED AND THE RELEASE
OF CERTAIN REVERSIONARY RIGHTS IN REAL PROPERTY
(Housing Authority of Washington County)
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 release to
the Housing Authority of Washington County (the “Authority”) certain real property identified
on the attached Exhibit A (the “Property”), and to execute a Confirmatory Deed confirming that
title to the Property is vested in the Authority and releasing the County’s reversionary rights unto
the Property.
2. The County approved the release of the Property in its regularly scheduled
meeting on August 27, 2024.
3. A public hearing was not required by Section 1-301, Code of the Public Local Laws
of Washington County, Maryland as no funds are to be expended from the General Fund of the
County.
THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington
County, Maryland that: (1) title to the Property is confirmed to be held by the Authority; (2) the
Property is released from any reversionary interests; and (3) 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 release of the Property.
ADOPTED this 27th day of August, 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
__________________________ BY:
Dawn L. Marcus, Clerk John F. Barr, President
Approved as to legal sufficiency:
__________________________
Rosalinda Pascual
Deputy County Attorney
EXHIBIT A--DESCRIPTION OF PROPERTY
…all the following described parcel of ground, together with the improvements thereon
and all rights, ways, privileges, water and appurtenances thereunto belonging or in any wise
appertaining, situate East of Artizan Street, along the east side of the public alley, in Election
District No. 2, Williamsport, Washington County, Maryland, and being more particularly
described in accordance with a recent survey by Fox & Associates, Inc., dated February 28, 1979,
as follows:
BEGINNING at an iron pipe on the West Bank of a stream, said iron pipe being at or near
the end of the 1st or due East 418.4 feet line of a parcel of land described in a deed from the Board
of Education of Washington County to the Board of County Commissioners of Washington
County, dated April 6, 1978, and recorded in Liber 658, folio 36 among the Land Records of
Washington County, Maryland, thence running back from said stream along an existing fenceline
and binding on the lands of G. Harriet Downey (Liber 627, folio 585) North 83 degrees 37 minutes
23 seconds West 357.30 feet to a fence post in the east margin of a public alley, thence running
with said marginal line the four (4) following courses and distances North 07 degrees 09 minutes
38 seconds East 13.20 feet to an iron pipe, thence North 82 degrees 31 minutes 16 seconds West
50.07 feet to an iron pipe, thence North 07 degrees 09 minutes 38 seconds East 467.93 feet to a
railroad spike, thence North 08 degrees 00 minutes 00 seconds East 264.78 feet to an iron pipe in
the Western bank of aforesaid stream, thence running along the West Bank with the meanderings
of said stream and binding on the lands of Williamsport Park (Liber 366, folio 677) the ten (10)
following courses and distances South 44 degrees 26 minutes 08 seconds East 34.05 feet to a point,
thence South 54 degrees 05 minutes 38 seconds East 72.14 feet to a point, thence South 80 degrees
19 minutes 29 seconds East 154.70 feet to a point, thence South 34 degrees 53 minutes 54 seconds
East 93.93 feet to a point, thence South 01 degree 48 minutes 49 seconds East 224.67 feet to a point,
thence South 16 degrees 05 minutes 48 seconds East 63.14 feet to a point, thence South 01 degree
58 minutes 40 seconds West 121.96 feet to a point, thence South 03 degrees 07 minutes 10 seconds
East 67.80 feet to a point, thence South 20 degrees 11 minutes 25 seconds West 97.82 feet to a point,
thence South 30 degrees 25 minutes 18 seconds East 57.41 feet to the point of beginning;
Containing 5.58 acres of land, more or less.
BEING all the lands conveyed by the Board of County Commissioners of Washington
County, Maryland, a body politic and corporate of the State of Maryland, to the Board of
Education of Washington County by Deed dated February 28, 1984, and recorded in Liber 758,
folio 999 among the Land Records of Washington County, Maryland.
Taxes Paid $0.00 BOOK: 7358 PAGE: 474
rt
Robert M. Breeding,Treasurer Washington Cty Cir C
IMP FD SURE $40.00
AR 11-21-2023 RECORDING FEE $20.00
Prepared by:
Lincoln Title & Settlement Services
19638 Leitersburg Pike, Suite 202
Hagerstown, Maryland 21742
Tax ID No. 07-025130
TOTAL $60.00
KRT TR 01:41 pm
Nov 21, 2023
"1 of 2"
THIS CONFIRMATORY DEED, made this day of f ,
2023, by the Board of County Commissioners of Washington County,'Maryland, a body
politic and corporate of the State of Maryland (hereinafter referred to as the "Grantor"), and the
Housing Authority of Washington County, a public body corporate and politic of the State of
Maryland (hereinafter referred to as the "Grantee").
RECITALS:
WHEREAS, by deed October 20, 1981 and recorded among the Land Records of
Washington County, Maryland, in Liber 736, folio 300 (the "Deed"), Grantor herein conveyed
certain real property described therein unto Grantee; and
WHEREAS, the Deed contained certain instances in which the property would
automatically revert to Grantor should they ever occur; and
WHEREAS, Grantor desires to confirm that, as of the date of this deed, none of the
instances contained in the Deed have occurred that would have caused a reversion of title; and
WHEREAS, Grantor further desires to release the real property and the Grantee from the
reversionary rights of the Grantor and to cancel and terminate any possibilities of reverter; and
WHEREAS, this Confirmatory Deed is necessary to release the Grantor's reversionary
rights and to grant and convey full title unto Grantee.
WITNESSETH:
NOW, THEREFORE, for no monetary consideration, the said Grantor, does hereby grant,
convey, release, assign and quitclaim unto the Housing Authority of Washington County, free
and clear from any reversionary rights and possibilities of reverter, all Grantor's right, title,
interest and estate in that land together with any improvements thereon and all of the rights, ways,
privileges and appurtenances thereunto belonging situate in the southwest intersection of South
Main Street and Bishop Lane in Election District No. 7, Smithsburg, Washington County,
Maryland, and being more particularly described as follows:
BEGINNING at a planted stone being at or near the end of the first or South 25 degrees
West 427.5 feet line of a parcel of land described as Parcel No. 3 in a deed from the Board of
Education of Washington County, to the Board of County Commissioners of Washington County,
dated August 9, 1977, and recorded in Liber 648, folio 343, among the Land Records of
BOOK: 7358 PAGE: 475
Washington County, Maryland, thence binding on the lands of East View Subdivision, Lots 1 to
4, as shown on a plat recorded in Plat Folio 900, among the Plat Records of Washington County
North 49 degrees 33 minutes 11 seconds West 426.40 feet to an iron pipe on the east side of
Smithsburg-Pondsvi Ile Road, thence running along the east side of said road, the two following
courses and distances, North 31 degrees 56 minutes 35 seconds East 80.35 feet to an iron pipe,
thence North 13 degrees 18 minutes 16 seconds East 132.00 feet to a railroad spike in the south
edge of Bishop Lane thence running along the south edge of said road the two following courses
and distances, North 74 degrees 18 minutes 16 seconds East 310.00 feet to a railroad spike, thence
North 77 degrees 13 minutes 32 seconds East 275.15 feet to a railroad spike in the western right-
of-way line of South Main Street, thence running with said right-of-way line as shown on S.R.C.
Plat No. 18539 the two following courses and distances, South 24 degrees 05 minutes 22 seconds
East 68.22 feet to an iron pipe, thence South 20 degrees 31 minutes 29 seconds East 151.36 feet to
a concrete monument, thence; running back from said road and binding on the lands of Alice R.
Tracey (L.353, F.117) South 74 degrees 16 minutes 08 seconds West 180.36 feet to an iron pipe,
thence binding on the lands of Herbert A. Johnson (L.224, F.666) South 31 degrees 21 minutes 38
seconds West 427.50 feet to the point of beginning containing 5.19 acres of land, more or less.
Being the same property conveyed unto the Housing Authority of Washington County, by
Deed from the Board of County Commissioners of Washington County, dated October 20, 1981
and recorded on December 1, 1982, among the land records of Washington County, Maryland in
Liber 736, folio 300.
This property is conveyed together with and subject to all applicable covenants, conditions,
restrictions, limitations, rights of way, streets, alleys, reservations and easements of record.
To have and to hold the property with its improvements and appurtenances hereby
conveyed unto the Grantee, its successors and assigns, in fee simple, forever.
The Grantor covenants to execute such further assurances of the property as may be
requisite.
[Remainder of this page intentionally left blank. Signature(s) appear on the following pages(s).]
2
BOOK: 7358 PAGE: 476
WITNESS my hand and seal.
WITNESS: Board of County Commissioners
of Washington County, Marylat
John F. Barr, President
STATE OF MARYLAND, COUNTY OF WASHINGTON, to -wit:
EAL)
I HEREBY CERTIFY that on this \_ day of `, ecnhyf , 2023, before
me, the Subscriber, a Notary Public in and for the State and County aforesaid, personally appeared
John F. Barr and he acknowledged the foregoing instrument to be his act and deed on behalf of the
Board of County Commissioners of Washington County, Maryland, and he did further certify that
he is duly authorized to make this acknowledgement on its behalf and that he is duly authorized to
execute this Agreement on its behalf.
Y D . fE,
WITNESS my hand and Official Notarial Seal.
My Commission expires: W - 6'�0���
(I ILu cm
o
of ry Pub s, <i ! C
'
�aIV
ltlfiiCOO
illl�l���
I certify that the within instrument was prepared by or under the supervision of the
undersigned, an attorney duly admitted to practice before tyre Qoe urt of Appeals of Maryland.
Kent N. Oliver
Approved as to form
and legal sufficiency for the County:
Kirk C. Downey
County Attorney
Accepted and approved for
Accepted and approved for
recording this ��'`-day of ��
2023.
Dawn L. Marcus
County Clerk
BOOK: 7358 PAGE: 477
recording this day of q ® -
2023.
Todd J. Wser
Real Property Administrator
After recording, mail to:
The Housing Authority of Washington County
319 East Antietam Street, 2nd Floor
Hagerstown, MD 21740
4
BOOK: 7358 PAGE: 478
State of Maryland Land Instrument Intake Sheet
❑ Baltimore City ® COUnty _ Washington
Information provided is for the use of the Gerk's Office, State Department of
Assessments and Taxation, and County Finance Office Only.
(Type or Print in Black Ink Only —All Copies Must Be Legible)
ro
76
c
N
1 Type(s)
of Instruments
( Check Box if addendum Intake Forth is Attached.)
t
2
Deed
Deed o`Trust
Mortgage
Lease
Other
Other
2 Conveyance Type
Check Box
Improved Sale
Arms -Length If 1]
Unimproved Sale
Arms -Length (2j
Multiple Accounts
Antu-Length (3]
X Not an Arms -
Length Sale [9]
3 Tax Exemptions
(if applicable)
Cite or Explain Authority
Recordation
Confirmatory Deed
State Transfer
Confirmatory Deed
County Transfer
Confirmatory Deed
4
Consideration Amount
Finance Office Use Only
Transfer and Recordation Tax Consideration
Purchase Price/Consideration
S 0.00
Any New Mortgage
S 2,000,o00.00
Transfer Tax Consideration
S
Consideration
Balance of Existing Mortgage
S
X ( ) % -
$
and Tax
Calculations
Other:
S
mess Exemption Amount -
S
Total Transfer Tax =
$
Other:
S
Recordation Tax Consideration
S
X ( ) per S500 =
S
Full Cash Value:
$
TOTAL DUE
S
5
Amount of Fees
Doe. 1
Doc. 2
Agent:
Recording Charge
S 20.00
S 75.00
Surcharge
S 40.00
S 40.00
Tax Bill:
Fees
State Recordation Tax
S
S
State Transfer Tax
S
S
C.B. Credit:
County Transfer Tax
S
S
Other
S
S
Ag. Tax/Other:
Other
S
S
61
District
Property Tax fD No. (1)
Grantor Liber!Folio
1Tap
Parcel No.
Description Of
07
07-025130
736/300
0040
0088
f��
Property
Subdivision Name
Lot (3a)
Block (3b)
Sect/AR (3c)
Plat Ref.
SgFtlAcreage (4)
SDAT requires
5.19 acres
submission of all
information.
Location!Address of Property Being Conveyed (2)
applicable
A maximum of 40
Blue Mountain Estates, Smithsburg, MD 21783
characters will be
Other Property Identifiers (if applicable)
Water Meter Aecount No.
indexed in accordance
with the priority cited in
Residential or Non -Residential f X Fee Simple X or Ground Rent Amount:
Real Property Article
Partial Conveyance? Yes x'No Description;Atnt. of SclFt/Acreage Transferred:
Section 3-104(g)(3)(i).
If Partial Conveyance, List lmproveurenis Conveyed:
7
Doc. 1 - Grantor(s) Name(s)
Doc. 2 - Grantor(s) Name(s)
The Board of County Commissioners of Washington County, Maryland
The Housing Authority of Washington County
Transferred
From
Doc. 1 - Owner(s) of Record, if Different from Grantor(s)
Doc. 2 - Owner(s) of Record, if Different from Grantor(s)
8
Doc. I - Grantee(s) Name(s)
Doc. 2 - Grantee(s) Name(s)
The Housing Authority of Washington County
Lincoln Title and Settlement Services, LLC, as Trustee
Transferred
To
New Owner's (Grantee) Mailing Address
319 East Antietam Street, 2nd Floor, Hagerstown, MD 21740
9
Doc. I - Additional Names to be Indexed (Optional)
Doc. 2 - Additional Names to be Indexed (Optional)
Other Names
to Be Indexed
Housing Assistance Council
10 ContactiMail
Information
Instrument Submitted By or Contact Person
❑ Return to Contact Person
❑ Hold for Pickup
❑x Return Address Provided
Name: Elizabeth F.Z. Bryan; Settlement Officer
Firm Lincoln Title and Settlement Services, LLC
Address: 19638 Leitersburg Pike, Suite 202
Hagerstown, MD 21742 Phone: (240 ) 513-4380
c
11 IMPORT
Assessment
Information
NT; 80TH "1`HL ORIGINAL DEED AND A PHO"l'OCOPY MUST ACCOMPANY EACHTRANSFER
Yes
Yes
X
X
No Will the property being conveyed be the grantee's principal residence?
No Does transfer include personal property? If yes, identify:
Yes
1X
No Was property surveyed? If yes, attach copy of survey (if recorded, no copy required).
Assessment Use Only - Do Not Write Below This Line
0
Terminal Verification Agricultural Verification Whole Part Tran. Process Verification
Transfer Number Date Received: Deed Reference: Assigned Propert No.:
A
Year
20
20
Geo.
Map
Sub
Block
c
Land
Zoning
Grid
Plat
Lot
Buildings
Use
Parcel
Section
Occ. Cd.
�a
Total
Town Cd.
Ex. St.
Ex. Cd.
O
a
REMARKS:
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Pink — Office of Fnance Goldenrod — Preparer