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HomeMy WebLinkAbout1985 Meeting MinutesJanuary 8, 1985 Hagerstown, Maryland 21740 J;The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Rowers, with the following members present: Vice President Richard E. Roulette, and Commissioners R. Lee Downey and John R. Salvatore. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PRESENTATION OF CERTIFICATE OF APPRECIATION The Commissioners presented Annette vanHilet, who will be resigning January 11th, with a Certificate of Appreciation for her years of service as Director of the Department of Housing and Community Development. Unanimously approved. APPOINTMENT TO TRANSPORTATION COMMISSION Motion made by Commissioner Roulette, seconded by Salvatore to appoint Howard Mendolsohn to serve as a member of the Washington County Transportation Commission to fill the unexpired term of Charles Recker to May 1, 1986. C.I.P. BUDGET TRANSFER Motion made by Commissioner Roulette, seconded by Salvatore to approve of the transfer of $150,000 in the Capital Improvements Program Budget from the Valley Road Bridge Project to Contingency. Unanimously approved. APPLY FOR ADDITIONAL MILA FUNDS Motion made by Commissioner Salvatore, seconded by Roulette to submit en application to the State Departwent of Economic and Community Development to increase the additional MILA loan for the shell building in the Washington County Industrial Park from $825,000 to $1,000,000, in order to complete the project to meet the requirements of Dutcher Industries. Unanimously approved. VISIT FROM CONGREBSYOMAN BEVERLY BYRON ongresawoman Beverly Byron met with the Commissioners to discuss matters of mutual interest and concern. She stated that the present Administration is proposing lOX cute in block grants, considering phasing out the 55% federal share of sever greats and all of the Weatherization Program and that General Revenue Sharing appears to be proposed for cutting. She predicted strong congressional opposition to the reduction measures, particularly for revenue sharing, stating that Congress would be trying to hold onto these types of programs as opposed to proposing new ones. Mrs. Byron promised her support with finding a tenant for the former Fairchild building, with seeking federal assistance for the Martin's Crossroads Water Project and for expanding the runway at the Airport. She also said that the unemployment rate in Washington County was not as bad as had been expected with Fairchild's closing, which showed a strength of job diversification, as opposed to being dependent upon a large main employer. The Commissioners expressed their appreciation to Me. Byron and her staff for working closely with them on many issues. At this time Commissioner Martin L. Snook arrived at the Meeting. PUBLIC REARING - ADDITIONAL SURCHARGE FOR ENHANCED 911 SYSTEM The President convened the Meeting in Public Hearing at 10:00 a.m. to permit any resident of Washington County to testify concerning a proposed ordinance to provide a local surcharge of an additional $.05 on telephone bills to provide for an enhanced 911 emergency calling system. There being no one present to speak for nor against said ordinance, the President announced that the record would remain open for 10 days for comments to be submitted in writing. He closed the Hearing at 10:20a.m. and reconvened the Meeting in Regular Session. CONSULTANT FOR LONDONTOWNE PHASE III STUDY Motion made by Commissioner Roulette, seconded by Snook to concur with the recommendation of the Director of Housing and Community Development and select the firs of Bell b Gardner, Inc. to perform s feasibility study of the proposed Londontowne, Phase III Development. Unanimously approved. HALFWAY BOULEVARD SAFETY INPEOVEMENTS The Commissioners agreed to the recommendations of the County Engineer for the establishment of an exclusive lane on Halfway Boulevard for vehicles making left tune, by having the Roads Department paint the pavement markings and erect signs, with a comprehensive safety plan to be developed along with the Halfway Boulevard Drainage project for inclusion in the Capital Improvements Program. Tiro OPENING - ALUMINUM REPLACEMENT WINDOWS Bids for aluminum replacement windows for the Court House were publicly opened and itread aloud. Firms participating in the kidding and their proposals were as follows: Bronco Construction Company - $96,000. Alternate 01 - $8,100; E.gineer Construction Products, Ltd. -- $86,109, Alternate O1 - $8,825; W. S. Waite, Inc. $82,721, Alternate #1 — $10,200. The bids will be reviewed by appropriate officials prior to a decision being rendered. 4,, PUBLIC REARING - CLOSING WARNER HOLLOW ROAD BRIDGE The President convened the Meeting in Public Hearing at 11:10 a.m. to permit any resident of Washington County to testify concerning the proposed closing of Warner Hollow Road Bridge. David Kinash, Manager of the City of Hagerstown Water Department, stated and submitted in writing his department's support of the plan to close the bridge. Also stated and submitted in writing was the suggestion that the County transfer ownership of the road, or at least control, to the Water Department since it owns almost all the land on both sides of the road between Maryland Rt. 491 and Pleasant Valley Road. Glenn Warner, Elwood Leather and Ben Clopper expressed objections to closing the bridge, but more strenuously objected to turning the road over to the City. They suggested that the bridge be repaired to accommodate only light traffic. The Commissioners assured the residents that the Hearing this date was only to consider the bridge closing and not the road conveyance. There being no one else present to speak for nor against said closing, the President announced that the Record would remain open for ten (10) days and closed the Hearing at 11:25 a.m. PEELIC NEARING - ESTABLISHMENT OP AGRICULTURE PRESERVATION DISTRICT - AD -84-1 e President convened the Meeting in Public Hearing at 11:28 a.m. to permit any resident of Washington County to testify concerning the application of Lela Barnhart French fcr an Agricultural Preservation District located in the southeast quadrant of the intersection of Mercersburg Road and Barnhart Road, consisting of 320 acres, and identified as application AD -84-1. Stephen Goodrich, Associate Planner, explained the application process, and informed the Commissioners that the Agricultural Advisory Board and the Planning Commission both recommended approval of the application. Mrs. French spoke on behalf of her application as did Mrs. Robert Belts, adjoining property owner, who expressed approval. There being no one else present to speak for nor against the application, the President announced that the Accord would remain open for ten (10) days for comments to be submitted in writing and closed the Hearing at 1lx50 a.m. COSSNIZ I■ E=ECUTIVE SESSION Notion mad. by Commissioner Salvatore, seconded by Roulette to convene in Executive Session at 11:55 a.m. in regard to personnel, property and potential litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. USCONVENE IN REGULAR SESSION otion made by Commissioner Snook, seconded by Roulette to reconvene in Regular Session at 11:20 p.m. Unanimously approved. CONVEYANCE OP PROPERTY AT PEN MAR Having received no comments regarding the duly published Notice of Intention to convey a 12unimproved dedicated right--of-way situate in Pen Mar to James D. and Cynthia K. Healing and Charles E. and Patricia A. Herring, adjoining property owners, a MOTION was made by Commissioner Roulette, seconded by Snook and unanimously passed to proceed with said conveyance. TERHINATIOR OP BUS ATTENDANT EWPLOYNERT Motion made by Commissioner Downey, seconded by Roulette to accept the recommendation of the Manager of the County Commuter System, and terminate the employment of Charles King, bus attendant. Unanimously approved. PRE—RuPLORn5Ui rETSICALS ;GLIC. Motion made by Commissioner Snook, seconded by Roulette to adopt as County Policy, Pra—Employment Physical requirements as recommended by the Personnel Administrator. Unanimously approved. APPOINTNERT TO FIRE & RESCUE ADVISORY BOARD Notion made by Commissioner Downey, seconded by Snook to appoint David Rhodes to serve as a member of the Fire 6 Rescue Advisory Board, to fill the unexpired term of Joseph Kulpineki. Unanimously approved. REcsss The neering wao ..... G,C. n. 12:30 p.r. to ba- nnvened at 4:00 p.m. AFTERNOON SESSION T e Afternoon Session was convoned at 4:00 p.m. in the Court House Conference Room with President dowers presiding and Commissioners Downey and Snook present. EXECUTIVE SESSION otion made by Commissioner Downey, seconded by Snook to convene in Executive Session in regard to property matters, pursuant to the authority contained in Article 76(A), Section 11(e)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. I I r I r. I RROORWRRR IM RRGULAR $151IO! Motion made by Commissioner Snook, seconded by Downey to reconvene in Regular Session at 5:20 p.m. Unanimously approved. ACQOIRR AIR RASRMINT OVER SROWALTRR ROAD Motion made by Commissioner Snook, seconded by Downey to acquire an air -easement over the Showalter property south of Showalter Road near the Washington County Regional Airport, in and for the consideration of $42,000, plus the construction and maintenance of a dusk -to -dawn light if and when an obstruction light must be placed on the property. Unanimously approved. AD.ODRRHRRT Motion made by Commissioner Downey, seconded by Snook to adjourn at 5:25 p.m. Unanimously approved. County At or ey 2!i2ayiti J' Clerk January 22, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9.00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore, ad Martin L. Snook. INVOCATION AND PLEDGE OP ALLEGIANCE The Invocation was delivered by Rev. Edward Allen, Evangelical Assembly of God, followed by the Pledge of Allegiance to the Flag by the full Assemblage. INTRODUCTION OF EXTENSION AGENT Richard Schukraft, Director of Washington County Extension Services, appeared before the Commissioners to introduce Donald Schwartz, the recently appointed Extension Agent for the Agri -Science Division. The Commissioners welcomed Mr. Schwartz to Washington County. REAPPOINTMENTS TO PLUMBING BOARD Motion made by Commissioner Roulette, seconded by Salvatore to reappoint Robert L. Ritchie, Richard M. Long, Edward L. Anders, Jr., and Walter Teach to serve for one (1) year terms as members of the Washington County Plumbing Board, with Dr. John S. Neill, Health Officer, as Ex -officio member. Unanimously approved. ORDINANCE TO IMPOSE ADDITIONAL 911 SURCHARGE Having received no adverse testimony at the Public Hearing held on January 8, 1985, nor any during the ten (10) day period following the Hearing, a MOTION was made by Commissioner Roulette, seconded by Snook and unanimously adopted to enact an Ordinance to become effective February 1, 1985, to impose a monthly five rent ($.05) additional local surcharge to be paid by local telephone subscribers to be used for the installation and operation of an enhanced 911 emergency system in Washington County in 1986. ESTABLISHMENT OF AGRICULTURE PRESERVATION DISTRICT — AD -84-1 Having received no adverse testimony at the Public Hearing held on January 8. 1985, nor any during the ten (10) day period following the Hearing, a MOTION was made by Commissioner Salvatore, seconded by Snook and passed with Commissioners Salvatore. Snook, Roulette and Bowers voting "AYE" and Commissioner Downey voting "NO", to APPROVE of the application of Lola Barnhart French, AD -84-1, for an Agricultural Preservation District located in the southeast quadrant of the intersection of Mercersburg Road and Barnhart Road, consisting of 320 acres. REPAIR GARNER HOLLOW ROAD BRIDGE Having received adverse testimony at the Public Hearing held on January 8, 1985, and also in the ten (10) day period following the Hearing, a MOTION was made by Commissioner Roulette, seconded by Snook and unanimously adopted, NOT to close Warner Hollow Road Bridge, and to repair it in accordance with the recommendations submitted by the County Engineer, this date. MINUTES OF MEETING OF DECEMBER 11, 1984 Motion made by Commissioner Salvatore, seconded by Downey to approve of the Minutes of the County Commissioners Meeting of December 11, 1984, as submitted. Unanimously approved. EXTRA DESIGNWORX — BATTLETOWN ROAD BRIDGE Motion made by Commissioner Downey, seconded by Salvatore to approve of the extra work required for the design of Battletown Road Bridge for a fee of $1,780. Unanimously approved. ZN PROCEED WITS CONVEYANCE PARCEL Or OF PARCEVF LAtiu — nfi�nw A9ZUE RZC9FSTmn'TT0PROJECT — ® I Motion made by Commissioner Snook, seconded by Salvatore, to proceed with the conveyance of a portion of a 2.21 acre parcel of land which is owned or intended to be owned by the County in connection with the Bower Avenue reconstruction project to Mr. and Mrs. Herbert E. Mosely, in and for the consideration of $),121, and in accordance with the duly published notice of intention to convey. Unanimously approved. DEFER APPOINTMENTS TO BLUE RIBBON TASK FORCE Motion made by Commissioner Salvatore, seconded by Downey to defer making II appointments to the Blue Ribbon Task Force, until ^the committee has been officially established by the Mayor end council Tl,, ,,I..nua1y anoroved. it REINSTATEMENT OF TOURISM FUNDS Motion made by Coumissioner Roulette, seconded by Snook to reinstate $8,500 in the Tourism Budget that was unexpended in FY 1984 fur Maps ynd Eiosks. Unanimously approved. JANUARY 22, 1985 MINUTES, CONT'D. ACCEPT DEED TO ROADBEDS - RARPERS FERRY FARMS SUBDIVISION Motion made by Commissioner Downey, seconded by Snook to accept the deed to the roadbeds in the Harper. Ferry Parse Development, since they are being improved to County specifications on a 50/50 cost sharing basis with the property owners. Unanimously approved. REVENUE SEARING TRANSFERS Motion made by Commissioner Roulette, seconded by Downey to approve of the following Revenue Sharing transfers to cover eligible expenditures for the period July 1, 1984 through December 31, 1984: General fund - $245,649.05, Highway Fund - $356,874.00, Capital Projects fund - $390,551.25. Unanimously approved. AWARD RID - WINDOW REPLACEMENT PROJECT Motion made by Commissioner Snook, seconded by Roulette to award the contract for the' Court House Aluminum Replacement windows to W. S. Waite, Inc. who submitted the low bid of $93,417.00, which includes the coat of the required bonds. Unanimously approved. REVISED BOARD OF EDUCATION FT 1985 BUDGET Dr. Claud Kitchens, Superintendent of Schools, and Wayne Stouffer, Finance Manager, appeared before the Commissioners to submit the revised Board of Education budget for FY 1985. Hr.Stouffer reported that the difference in total expenditures was $20,964, which could be appropriated from the actual audited surplus of $120,014. In answer to their inquiries, the Commissioners advised the Board Officials to use the original budget as the base for preparation of the FY 1986 budget. MOTION made by Commissioner Snook, seconded by Roulette to approve of the Board of Education FY 1985 Budget, as revised and submitted this date. Unanimously approved. NORSE BILL 326 - TRI-COUNTI COUNCIL Barry LeBarron, Executive Director of Tri—County Council, appeared before the Commissioners to review with them the pre —filed H.H. 326, which would establish the Tri-County Council as an association of local governments and as a regional planning and development agency for the Tri-County area, as opposed to its current role of providing guidance and direction for the Appalachian Region Program. The Commissioners expressed their opposition to the statutory commitments within the bill and stated that their comments would be forwarded to the local delegation. PBBLIC REARING — ABANDONMENT AND CONVEYANCE OF OLD EOPEWELL ROADBED a President convened the Meeting in Public Hearing at 11:15 a.m. to permit any resident of Washington County to testify concerning the Board's intention to abandon a portion of the old Hopewell Road running from the southern boundary of the access road between the old Hopewell Road and Hopewell Road, as relocated, and to convey said roadway to adjoining property owners. There being no one present to speak for nor against said abandonment and conveyance, the President announced that the Record would be held open for ten (10) days for comments to be submitted in writing and closed the Hearing at 11:17 a.m. (Ten (10) day period waived in following action.) a-a[OCRRD WITS ABANDONMENT AND CONVEYANCE OF OLD ■OPEUELL ROAD Motion made by Commissioner Salvatore, seconded by Snook to waive the ten (10) day waiting period after the aforegoing Public Hearing, and proceed with the sbaadonment and conveyance of the Old Hopewell Road to Hopewell-Cuehwa Farms Company and Case -Edwards Construction Company, Inc., in accordance with the duly published Notice of Intention to take this action. Unanimously approved. EZERCISS OPTION WITH ROCK E' SPRING CORP.. Notion made by Commissioner Downey, seconded by Salvatore to exercise the option with Rock NSpring Corporation to acquire a 2,481 sq. ft. tract of land in fee pimple and at no consideration, in order to make safety improvements at the intersection of Hopewell and Nursery Roads. Unanimously approved. ACCEPT DEED FOR STERN? IN TAMMANY MANOR Nation made by Commissioner Roulette, seconded by Salvatore to accept the deed for the 210' extension of Reynolds Road in Tammany Manor, Section V -A, conditioned upon a one year maintenance bond to be submitted by the developer. Unanimously approved. CEANFE ORDER - AIRPORT DESIGN SERVICES Motion made y Commissioner Snook, seconded by Salvatore to approve of a change order to the contract for AIP-3 with Delta Associates for Airport Design services to provide en additional $3,168 for inspection with a like amount to be deducted from design costs. Unanimously approved. USE OF MARTIN LUTBER RING CENTER GYM die o— ommisslonera expressed no objections to Turning Point using the gymnasium at the Martin Luther King Center one or two nights a week. I I I I 1 JANUARY 22, 1985 MINUTES, CONT-D. I I 1 i CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Roulette to convene in Executive Session at 11:30 a.m. in regard to personnel, property and potential litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Snook to reconvene in Regular Session at 12:10 p.m. Unanimously approved. EMPLOY PART—TIME BUS DRIVERS Motion made by Commissioner Downey, seconded by Snook to accept the recommendation of the Manager of the County Commuter System and employ Burrell Junior Milburn, Jeffrey Eldon Miles and Michael Lee Castle as temporary part-time bus drivers. Unanimously approved. ADVERTISE LABORER II POSITION FOR ROADS DEPARTMENT Motion made by Commissioner Downey, seconded by Snook to authorize advertising to fill the vacant Laborer II position for the County Roads Department. Unanimously approved. ADVERTISE MAINTENANCE MAN I POSITIONS FOR PARRS DEPARTMENT Motion made by Commissioner Downey, seconded by Snook to authorise advertising to fill the vacant Maintenance Man I positions for the County Parke Department. Unanimously approved. ADJOURNMENT Motion made by Commissioner Downey, seconded by Snook to adjourn at 12:15 p.m. Unanimously approved. oty At or y 1 0' 1 JANUARY 22 1985 MINUTES, CONT'D. V.,.,, .taceived for Accord Jana y 23, 1985 at 2z46 o'clock P.M. Libor 4 19 Recorded in Acts, Ordinances and etesolutions for Wash. Co, AN ORDINANCE TO PROVIDE A LOCAL SURCHARGE ON TELEPHONE BILLS TO PROVIDE AN ENHANCED 911 EMERGENCY CALLING SYSTEM WHEREAS, The General Assembly of Maryland has repealed and reenacted with Amendments Article 41, Sections 204 H-1 through 204 H-7 effective July 1, 1983, which gives local jurisdictions the authority to enact a local surcharge on telephone bills to pay for the maintenance, operation and personnel of the 911 emergency enc calling $ Y 8 system; and WHEREAS, The Board of Comity Commissioners of Washington County, Maryland, for the purpose of providing for the safety and well-being of the residents of Washington County, Maryland, and in recognition that an enhanced 911 emergency system will provide more timely and appropriate assistance when the lives or property of citizens are in imminent danger, which such assistance is usually summoned by telephone, and in further recognition that the three digit number, 911, is a nationally recognized and applied telephone number which may be used to summon emergency aid and to eliminate delays caused by lack of familiarity with emergency numbers and by understandable DAVID «. ►ooL{, J«. confusion in circumstances of crisis, has deemed to provide by ♦TTOF«[I AT LA W Ordinance a local telephone surcharge. •1 W[fT WA.«iMOM«11 NOW, THEREFORE, BE IT ENACTED: 20 = Section 1 of this Ordinance. Be it enacted by the Board of County Commissioners of Washington County, Maryland that an Ordinance be and it is hereby enacted to read as - follows: That the Board of County Commissioners of Washington County, Maryland is authorized to impose a monthly five cent ($ .05) local surcharge in addition to the monthly ten cent ($ .10) local surcharge authorized by a resolution enacted by the Board of County Commissioners on June 28, 1983, to be paid by local telephone subscribers effective February 1, 1985, to switched local exchange access service which sums shall be deposited for the account of Washington County in the 911 trust fund to be held by the State Comptroller, and to be used for the installation and operation of an enhanced 911 emergency system to provide improved emergency calling services in Washington County in 1986. For the purposes of this Ordinance, a 911 system means: — (1) "911 system" means a telephone service which meets the planning guidelines established pursuant to Article 41, Section 204 H-3 of the Annotated Code of Maryland, and which automatically connects a person dialing the digits 911 DAVID K POOLE, JA J1r+OIII YAYLAW to an established public safety answering point. 911 system .I W..IZ.l".rol..Y I) includes equipment for connecting and outswitching 911 calls - /.A.Ea.YoWN. MA.VLANO .I+.o 1; within a telephone central office, trunking facilities from the -j..---- DAVID K POOLE JR ATTONN*Y AT 4w NAOSN*TOWN TU/T NLDO •I wrn w*ONINOTON NT NAO*N5TOtlN. MARYLAND 01740 central office to a public safety answering pont, and equipment to connect 911 calls to the appropriate public safety agency. (2) "Public safety answering point" means a communications facility operated on a 24 hour basis which first receives 911 calls from persons in a 911 service area and which may, as appropriate, directly dispatch public safety services orl extend, transfer, or relay 911 calls to appropriate public safety agencies. (3) "Public safety agency" means a functional division of a public agency which provides fire fighting, police, medical, or other emergency services or a private entity which provides such services on a voluntary basis. Section 2 of this Ordinance. That this Ordinance shall take effect on the / day of , 193 BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND ATTEST. 'AS TO StG�TURE ANb CO1CP0RAg1E,SEAL• 5- BY: o a were, res ent I _ 'iCatFtryn ort, er 22 WITNESS: APPROVED AS TO FORM: County Attorne APPROVED This day o • 19j DAVID K POOLE, .1K ATTOANIY AT LAW ICI HAO[ONYOWN TRYST OLM •I WEST WAONINOTON 117 NAi/OOTOWN, MANYLANO 1174 ht� r C =" Is) zjt1 rd January 29, 1985 !i II Hagerstown, Maryland 21740 I� The Regular Meeting The Board County Commissioners Washington County of of of was alled to order at 9:00 a.m. by the President Ronald L. Bowers with the following amber• present: Vice President Richard E. Roulette and Commissioners R. Lee powney and Martin L. Snook. L EVOCATION AND PLEDGE OF ALLEGIANCE he Invocation was delivered by Rev. Robert Richardson, Washington Square United ethodist Church, followed by the Pledge of Allegiance to the Flag by the full, ssemblage. OUTH COUNTY PARE CONCEPT epresentativee of the Planning Commission and the County Parke Board met with the ommissioners to propose a concept for the development of a south county park. ill Stachoviak, Parks Planner, presented the proposal in two phases, with Phase I stimated at $199,080 and Phase II at $18,086. The Commissioners approved of the oncept and decided to advertise for bids for both phases with Phase II as an Iternate. otion made by Commissioner Snook, seconded by Roulette to appoint Rev. John Diehl nd reappoint Connie Mitchell to serve for three (3) year terms as members of the ashington County Mental Health Advisory Committee.. Unanimously approved. f INUTES 01 COUNTY COMMISSIONERS MEETINGS otion made by Commissioner Downey, seconded by Roulette to approve of the Minutes f the County Commissionersmeetings for December 18 and 27, 1984 and January 8, 985, as submitted. Unanimously approved. VANCE FUNDS FOR RICHFIELD WATER PROJECT otion made by Commissioner Snook, seconded by Roulette to advance $25,850 to the anitary Commission to finalize the design and secure option agreements for the ighfield Water System, with this amount to be reimbursed as soon as the complete inancial arrangements are finalized with Farmers Home Administration and from they sources of funding. Unanimously approved. NYENILE SERVICES ADMINISTRATION GRANT otion made by Commissioner Roulette,' seconded by Snook to approve of the Boys' lub refiling an application with the Juvenile Services Administration for a grant a the amount of $5,846 for the summer outdoor program in FY 1986, in concurrence ith the endorsement of this program by the Washington County Children's Council. nanimouely approved. t this time Commissioner John R. Salvatore arrived at the Meeting. AGERSTOWN JUNIOR COLLEGE RECREATION/ATHLETIC FACILITY r. Atlee Kepler, President of the Hagerstown Junior College, along with Jim Brown, thletic Director, Dr. Fred Otto, Dean of Continuing Education and George Elliott, hairman of the Recreational/Athletic Paciliity Planning Committee, met with the ommissioners to submit proposals and supportive materials for the development of he facility and an Education Technology Center on the College campus, to request he Commissioners' support of a county bond issue in an amount of up to 3 million oilers, and a commitment to provide the necessary funds for the operation and aintenance of the facility on a continuing basis. The Commissioners took the otter under advisement at this time. (Decision rendered later during Morning ession.) ESOLUTION AUTHORIZING ISSUANCE OF POELIC IMPROVEMENT FONDS otion made by Commissioner Downey, seconded by Salvatore and unanimously passed ith Commissioners Downey, Salvatore, Snook, Roulette and Bowers voting "AYE" to dopt a Resolution authorizing the issuance and sale of Four Million, Five Hundred housand Dollars ($4,500,000) aggregate principal amount of serial maturity, ener.al obligation bonds under the provisions of Chapter 280 of the Laws of aryland of 1984, the bonds to be designated "County Commissioner. of Washington ounty Public Improvement Bonds (1985)," the net proceeds of the sale thereof to be sad and applied for the public purpose of financing the construction, improvements z development of certain capital projects in Washington County; prescribing the orr- and tenor of the bonds and the terms and conditions for the issuance and saie ;hereof at, public sale, including the form of the notice of sale; prescribing the :;arms and conditions of the bonds and all other details incident to the isoaance, �a1e and delivery of the bonds; providing for the levy and collection of any taxes eceesary for the prompt payment of the maturing principal of an inte�•est on the bonds and providing that the fuilfaith and credit and taxing power of the County Commissioner■ of Washington County shall be irrevocably pledged to the payment of such principal and interest; and generally relating to the issuance, sale, delivery and payment of the bonds. (Copy of Resolution attached.) K JANUARY 29, 1985 I I MINUTES, CONT-D. CONSENT TO BAKER, WATTS i COMPANY BIDDING O■ BONDS Motion made by Commissioner ')owney, seconded by Salvatore to expressly consent and agree that Baker, Watts 4 Company, financial advisors in connection with the issuance and sale of $4.5 million general obligation bonds, may participate in the bidding on the bonds. Unanimously approved. MAKE INDUSTRIAL PARK ACCESS ROAD Motion made by Commissioner Salvatore, seconded by Downey to name the access road into the county's Industrial Park, Western Maryland Parkway, in concurrence with the recommendation of the Economic Development Commission. Unanimously approved. APPROVE SALE OF LAND BY BOY SCOUTS Motion made by Commissioner Roulette, seconded by Snook to approve of the sale of a .3 acre tract of land on Northern Avenue owned by the Mason Dixon Council of Boy Stouts to the I.B.M. Corporation. Unanimously approved. SELECT CONSULTANT FOR POOL DESIGII Notion made by Commissioner Salvatore, seconded by Roulette to instruct the County Coordinating Committee to proceed with the selection of a consultant to design the Halfway Park swimming pool. Unanimously approved. DESIGN LIGHTING FOR HALFWAY PARK BALL FIELDS Notion made by Commissioner Salvatore, seconded by Snook to select SEMCO, the county's electrical maintenance contractor, to design the system and prepare technical specifications for a fee of $1,650 for lighting the ballfields at Halfway Park, only in the event Potomac Edison cannot provide this service within the required period of time. Unanimously approved. CONVENE IN EXECUTIVE SESSION Notion made by Commissioner Roulette, seconded by Snook to convene in Executive Session at 12:00 noon in regard to personnel matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN RECULAR SESSION Motion made by Commissioner Salvatore, seconded by Snook to reconvene in Regular Session at 12:20 p.m. Unanimously approved. EIPLOY PART —TINE BUS DRIVER Notion made by Commissioner Roulette, seconded by Downey to accept the recommendation of the Manager of the County Commuter System and employ Loretta Nave in the position of temporary part-time bus driver. Unanimously approved. RE DEBT LEGISLATIVE AUTHORITY TO ISSUE BONDS Motion made by Commisioner Roulette, seconded by Snook to request the Washington County Delegation to the General Assembly to sponsor legislation which would give the County Commissioners the authority to issue up to $5,000,000 general obligation bonds to finance the following capital projects: $3,000,000 for the local share required for the educational/recreational complex proposed at HJC; $1,500,000 to construct a public golf course on the Ditto Farms property; and $500,000 to construct a public swimming pool at Halfway County Park. Unanimously approved. RECESS The Meeting was recessed at 12:30 p.m. AFTERNOON SESSION The Afternoon Session was convened at 3:30 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey and Snook present. MEETING WITH BOARD Of EDUCATION Dr. Claud Kitchens, Superintendent, Ed Kercheval, Assistant Superintendent, kobert Barnhart, President of the Board of Education, and Board Members Douglas Bachtell and Linda Irvin met with the Commissioners to discuss school projects. The following were topics of discussion: 1. The Commissioners learned that the Beater School Project had been rejectod by the I.A.C. for new construction, and that the project had been revised to renovation and resuomittea. 2. Final urawiuga or Live South High Renovation project had been submitted to 1.A.C. and it appears that the project will be advertised for bids by mid -February. 3. The Commissioners were requested to examine the offer for a warehousing facility and to determine If they wished to submit a counter proposal to the owner, 4. The fee schedule for the use of school facilities vas discussed and it was decided that an effort would he made to come to a better understanding with the Recreation Commission in regard to these fees. 5. The Board was asked to identify bell. fields needing improvement and the County promised to try to assist with making the improvements. J JANUART 29, 1985 MINUTES, CONT-D. PEOCLANATION - VOCATIONAL EDUCATION WEER Motion made by Commissioner Roulette, seconded by Snook to Proclaim the week of February 10 — 16, 1985, as Vocational Education Week in Washington County and command this observance to all citizens. Unanimously approved. ADJOUEIEEET Motion made by Commissioner Downey, seconded by Roulette to adjourn at 4:40 p.m. Unanimously approved. Cou Atto , Clerk L C JANUARY 29, 1985 MINUTES, CONT-D. I 1 E A RESOLUTION of County Commissioners of Washington County authorising the issuance and sale of Four Million Five Hundred Thousand Dollars ($4.500,000) aggregate principal amount of serial maturity, general obligation bonds under the provisions of Chapter 280 of the Laws of Maryland of 1984, the bonds to be designated "County Commissioners of Washington County Public Improvement Bonds (1985)," the net proceeds of the sale thereof to be used and applied for the public purpose of financing the construction, improvement or development of certain capital projects in Washington County; prescribing the form and tenor of the bonds and the terms and conditions for the issuance and sale thereof at public sale, including the form of the notice of sales prescribing the terms and conditions of the bonds and all other details incident to the issuance, sale and delivery of the bonds: providing for th- toy end collection of any taxes necessary for the prompt payment of the maturing principal of and interest on the bonds and providing that the full faith and credit and taxing power of County Commissioners of Washington County shall be irrevocably pledged to the payment of such principal and interest; and generally relating to the issuance, sale, delivery and payment of the bonds. NOW, THEREFORE, SE IT RESOLVED BY THE BOARD OF COUNTY COlQIISSIONER.S OF WASHINGTON COUNTY. that: Section 1. Pursuant to the authority of Chapter 280 of the Laws of Maryland of 1984 (the "Act"), County Commissioners of Washington County, a body politic and corporate and a political subdivision of the State of Maryland (the "County"), hereby determines to borrow money and incur indebtedness for the purpose of financing, in part, the construction, improvement or development of the following capital projects in the aggregate amount of $4,500,000: 1 1It0-4 0- 4 -1- Project Airport Improvements Antietam Drive Martin's Cross Roads Municipal Pool Public School Improvements Cost of Issuance Such money may also Amount 225,000 270,000 315,000 165,000 3,450,000 75,000 4,500,000 be used to finance any lawful modification of the projects listed above or, to the extent then permitted by law, any other project lawfully undertaken by the County as may be determined by subsequent resolution or resolutions of the County Commissioners of Washington County. Section 2. To evidence the borrowing and indebtedness authorized in Section 1 of this Resolution, the County, acting pursuant to the authority of the Act, hereby determines to issue and sell, upon its full faith and credit, its serial maturity, general obligation bonds in the aggregate principal amount of Four Million Five Hundred Thousand Dollars ($4,500,000), to be designated "County Commissioners of Washington County Public Improvement Bonds (1985)" (the "Bonds"). Section 3. The Bonds shall be dated March 1, 1985, shall be issued as fully registered bonds without coupons in the denominations of $5,000 or any integral multiple thereof, and shall be numbered from one (1) consecutively upward in the order of their maturities, with each such number being prefixed t ".+ ' Thoo Esnd Registrer (herainaftar designated) by �i+a aer4�oT. a.. � ,.-�_----- _ -2- ♦ 1 0 w : 01 / II / / / may make such additional provision for numbering, including additional suffixes, as he may deem appropriate. The Bonds shall mature, subject to prior redemption as nereina:ter provided, in annual serial installments on March 1 in each of the years 1986 through 2000, inclusive, as set forth below: Principal Principal Year Amount Year Amount 1986 $150,000 1993 $280,000 1987 165,000 1994 305,000 1988 180,000 1995 330,000 1989 195,000 1996 365,000 1990 215,000 1997 395,000 1991 235,000 1998 435,000 1992 255,000 1999 475,000. 2000 520,000 Section 4. (a) The Bonds which mature on or before March 1, 1993, shall not be subject to redemption prior to their maturities. The Bonds which mature on or after March 1, 1994, shall be subject to redemption beginning March 1, 1993, as a whole at any time or in part on any interest payment date, in the inverse order of maturities, at the option of the County, at a redemption price, expressed as a percentage of the principal amount of the Bonds to be redeemed, set forth in the table below, together with interest accrued to the date fixed for redemption: Redemption Period (both dates inclusive Redemation Price March 1, 1993, to February 28, 1994 102% March 1, 1994, to February 28, 1995 101 1/2% March 1, 1995, to February 29, 1996 101% March 1, 1996, to February 28, 1997 100 1/2% On or after March 1, 1997 100% -3- • J 0• w 0 1/ 1 0 i 1 L (b) If less than all of the Bonds of any one maturity shall be called for redemption, the particular Bonds or portion of Bonds to be redeemed from such maturity sraii ibe seldct: i by lot by the Bond Registrar. (c) When less than all of a Bond in a denomination in excess of $5,000 is so redeemed, then, upon the surrender thereof, there shall be issued without charge to the registered owner thereof, for the unredeemed balance of the principal amount of such Bond, at the option of such owner, Bonds in any of the authorized denominations as specified by the registered owner. The aggregate face amount of Bonds so issued shall be equal to the unredeemed balance of the principal amount of the Bond surrendered, and the Bonds so issued shall bear the same interest rate and shall mature on the same date as the unredeemed balance of the Bond surrendered. (d) If the County elects to redeem all or a portion of the Bonds outstanding, it shall give a redemption notice to the registered owners of the Bonds to be redeemed by letter mailed first class, postage prepaid, at least thirty (30) days prior to the date fixed for redemption to the addresses of such registered owners appearing on the registration books kept by the Bond Registrar; provided, however, that the failure to mail the redemption notice or any defect in the notice so mailed, or in the mailing thereof, shall not affect the validity of the rndeni�ption, procacd_^gs; and provided further, that the County -4- 4 L o OW o l i a a/ 4 f 7 • •. E shall publish such notice of redemption at least once in each of four successive calendar weeks (the first publication to be not less than thirty (30) days prior to the date fixed for redemption) in a financial journal or daily newspaper of general circulation published in the Borough of Manhattan, New York, New York. The redemption notice shall state (i) whether the Bonds are redeemed in whole or in part and, if in part, the maturities and numbers of the Bonds to be redeemed, (ii) that the interest on the Bonds to be redeemed shall cease on the date fixed for redemption, (iii) the date fixed for redemption and the redemption price and (iv) that the Bonds to be redeemed shall be presented for redemption and payment on the date fixed for redemption at the principal corporate trust office of the Paying Agent (hereinafter designated). (e) From and after the date fixed for redemption, if notice has been duly and properly given as provided above and if funds sufficient for the payment of the redemption price and accrued interest are available on such date, the Bonds designated for redemption shall cease to bear interest. Upon presentation and surrender for redemption in compliance with the redemption notice, the Bonds to be redeemed shall be paid by the Paying Agent at the redemption price. If they are not paid upon presentation, the Sands designated for redemption shall continue to bear interest at the rates stated therein lLS)Lld l+q.au. . I ArnAa r�aAaamed and paid hereunder will be All . cancelled. •) 0 1 w ' 0 ) . ) • / • f 7'..-' Section 5. The Bonds shall bear interest at the rate or rates named by the successful bidder or bidders for the Bonds in accordance with the terms of the Notice of Sale set forth in Section 10 of this Resolution. Each Bond shall bear interest from the most recent date to which interest has been paid or, if no interest has been paid, from the date of the Bonds. The interest on all Bonds shall be paid semi-annually on the first days of March and September of each year in which any Bonds may be outstanding. Section 6. The Bonds shall be executed in the name of the County and on its behalf by the President of the Board of County Commissioners of Washington County, and shall bear the signature of the Treasurer of the County, each of whose signatures may be by facsimile, and a facsimile of the corporate seal of the County shall be imprinted thereon, attested by the County Clerk, whose signature may be by facsimile. Each Bond shall be authenticated by the manual signature of an authorized officer of the Bond Registrar. No Bonds issued hereunder shall be valid for any purpose or constitute an obligation of the County unless so authenticated. There shall be printed on each Bond the text of the approving legal opinion of bond counsel with respect to the Bonds. Such printed text shall be certified, in the name of the County, to be a correct copy of the approving legal opinion uC bond t,V 4J�ra<, by the Pren wqtidt of the Board of County Qa • ) 0 6 v : 0 { , t • / • i 7 8 0 1- O Commissioners, whose signature may be by facsimile. In case any official of the County whose signature appears on any Bond shall cease to be such official prior to the authentication and delivery of such Bond, or in the case that any such official shall take office subsequent to the date of issue of any such Bond, his signature, in either event, shall nevertheless be valid for the purposes herein intended. Section 7. All Bonds shall be registered in the name or names of the owner or owners thereof, on books kept for such purpose at the principal corporate trust office of The First National Bank of Maryland, Baltimore, Maryland, hereby designated as Bond Registrar (the "Bond Registrar"). Payment of the principal of, redemption premium, if any, and interest on the Bonds shall be made to the person appearing on the registration books maintained by the Bond Registrar as the registered owner thereof, such principal to be payable at the principal corporate trust office of The First National Bank of Maryland, hereby designated as Paying Agent (the "Paying Agent") upon presentation and surrender of such Bonds as the same become due and payable, and such interest to be payable by check mailed by the Paying Agent on the business day immediately preceding the dace interest is payable to the persons in whose names the Bonds are registered on the regular record date, which shall be the fifteenth day of the month immediately pra%FauI+.y^ each .,.,....,._egul ar� ri nteraRr payment date (the -7- 4309W 04/49/91 •1•I • • - • "Regular Record Date"), at the registered owner's address as shown on the registration books maintained by the Bond Registrar. Any interest on any Bond which is payable but is not punctually paid or provision for the payment of which has not been made ("Defaulted Interest") shall forthwith cease to be payable to the registered owner on the relevant regular record date rolely by virtue of such registered owner having been such registered owner; and such Defaulted Interest may be paid by the County, at its election in each case, as provided in paragraph (1) or (2) below: (1) The County may elect to make payment of any Defaulted Interest on any Bond to the person in whose name such Bond is registered at the close of business on a record date for the payment of such Defaulted Interest (the "Special Record Date"), which shall be fixed in the following manner. The County shall notify the Paying Agent in writing of the amount of Defaulted Interest proposed to be paid on the Bonds and the date of the proposed payment (which date shall be such as will enable the Paying Agent to comply with the next sentence hereof), and at the same time the County shall deposit or cause to be deposited with the Paying Agent an amount of money equal to the aggregate amount proposed to be paid with respect to such Defaulted Interest or shall make arrangements satisfactory to the paying n rtit for such dcpc it prior to the date of the -8-- 4 0•ld 0I/t•.$1 1.0.-I proposed payment, such money when deposited to be held in trust for the benefit of the persons entitled to such Defaulted Interest as provided in this paragraph. Thereupon the Paying Agent shall fix a Special Record Date for the payment of such Defaulted Interest which shall be not more than fifteen (15) nor less than ten (10) days prior to the date of the proposed payment and not less than ten (10) days after the receipt by the Paying Agent of the notice of the proposed payment. The Paying Agent shall promptly notify the County of such Special Record Date and, in the name of the County, shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be mailed, first-class postage prepaid, to each registered owner at his address as it appears in the registration books maintained by the Bond Registrar not less than ten (10) days prior to such Special Record Date. The Paying Agent may, in its discretion, in the name of the County, cause a similar notice to be published at least once in a financial journal or newspaper of general circulation in each of the cities of Baltimore, Maryland, and New York, New York, but such publication shall not be a condition precedent to the establishment of such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor having been mailed as aforesaid, such Defaulted Interest shall be paid to the registered owners of the bonds as of Ghe Clow of buoi:.c on such S ariAl Record Date. -.9- • J O S w: 0 1/ i 9/ Y 7 a 6 • - 6 (2) The County may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Bonds may be listed, and upon such notice as may be required by such exchange, if, after notice given by the County to the Paying Agent of the proposed payment pursuant to this paragraph, such payment shall be deemed practicable, and approved in writing, by the Paying Agent. Section 8. (a) The Bonds shall be transferable only upon the registration books kept at the principal corporate trust office of the Bond Registrar, by the registered owner thereof in person, or by his attorney duly authorized in writing, upon surrender thereof, together with a written instrument of transfer in the fore attached thereto and satisfactory to the Bond Registrar and duly executed by the registered owner or his duly authorized attorney, (b) The Bonds may be transferred or exchanged at the principal corporate trust office of the Bond Registrar. Upon any transfer or exchange, the County, within a reasonable time, shall issue and the Bond Registrar shall authenticate and deliver a new registered Bond or Bonds of any of the authorized denominations in an aggregate principal amount equal to the principal amount of the Bond exchanged or transferred and maturing on the same date and bearing interest at the same rate. In cach cacao, the Bond Ragi�trAr may require payment by -10- t) O M O%/ t•/• f T ' t S - 0 any registered owner requesting the exchange or transfer of any tax, fee or other governmental charge, shipping charges and insurance that may be required to be paid with respect thereto, but otherwise no charge shall be made to the registered owner for the exchange or transfer. (c) The Bond Registrar shall not be required to transfer or exchange any Bond after the mailing of notice calling such Bond or portion thereof for redemption; provided, however, that this limitation shall not apply to that portion of a Bond in excess of $5,000 which is not being called for redemption. Section 9. Except as provided hereinafter or in a resolution or resolutions of the Board of County Commissioners of the County adopted prior to the issuance of the Bonds, the Bonds shall be issued in substantially the following form. Appropriate variations and insertions may be made to provide dates, numbers and amounts, and modifications not altering its substance may be made by the President of the Board of County Commissioners to carry into effect the purposes of this Resolution or to comply with recommendations of legal counsel, execution and delivery of the Bonds to constitute conclusive evidence of approval of all such variations, insertions and modifications. All of the covenants contained in the following form are hereby adopted by the County as and for the form of -11- 4306. 01/20,49 7 � V $ - a obligation to be incurred by the County, and the covenants and conditions contained therein are hereby made binding upon the County, including the promise to pay therein contained: -12- •20 aw .OIL a/aa 7$. a — (Form of Bond) [BOND FACE] UNITED STATES OF AMERICA STATE OF MARYLAND No. R-_ COUNTY COMMISSIONERS OF WASHINGTON COUNTY PUBLIC IMPROVEMENT BOND (1985) Maturity Date Interest Rate Original Issue Date CUSIP Registered Owner: Principal Amount: Dollars County Commissioners of Washington County, a body politic and corporate organized and existing under the Constitution and laws of the State of Maryland (the "County"), hereby acknowledges itself indebted for value received, and promises to pay to the registered owner shown above or his registered assigns or legal representatives, on the date specified above (unless this bond shall be redeemable and shall have been called for prior redemption, with payment of the redemption price made or provided for), upon presentation and surrender of this bond at the principal corporate trust office of The First National Bank of Maryland, Baltimore, Maryland (the "Bond Registrar" and the "Paying Agent"), the principal amount shown above in any coin or currency which, at the time of payment, is legal tender for the payment of public and private debts and to pay to the registered owner hereof by check or draft, mailed to such Lbyi to d o''nor ;t hidresa as it appears on the bond registration books kept by the Bond Registrar (the "Bond Register"), interest on such principal amount at the interest rate per annum shown above until payment of such principal amount or until the prior redemption hereof, such interest being payable on March 1 and September 1 in each year, commencing September 1, 1985, in like coin or currency, accounting from the most recent date to which interest has been paid or, if no interest has been paid, from the original issue date shown above. All interest due on this bond shall be payab��th rogt tered owner in whose name this bond is le to .1. 7w.. ..�_ registered on the Bond Register as of the close of business on -13- 4309W 01/so/8% , a a a -a the Regular Record Date for such interest payment, which shall be the 15th day of the month next preceding the interest payment date, and shall be made by check mailed by the Paying Agent on the Business Day (hereinafter defined) immediately preceding the date interest is payable by the Paying Agent to such person at his address as it appears on the Bond Register. Any such interest not so punctually paid or duly provided for shall forthwith cease to be payable to the registered owner on such Regular Record Date, and may be paid to the person in whose name this bond is registered as of the close of business on a date fixed by the Paying Agent for such defaulted interest payment (the "Special Record Date"), notice whereof being given by letter mailed first class, postage prepaid, to the registered owner not less than 10 days prior to such Special Record Date, at the address of such registered owner appearing on the Bond Register, or may be paid at any time in any other lawful manner not inconsistent with the requirements of any securities exchange on which the bonds of this series may be listed and upon such notice as may be required by such exchange. "Business Day" means a day other than a Saturday, Sunday or a day on which banking institutions under the laws of the state governing the Paying Agent are authorized or obligated by law or required by executive order to remain closed. ADDITIONAL PROVISIONS OF THIS BOND ARE SET FORTH ON THE REVERSE S IDE HEREOF AND SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HEREIN. The full faith and credit and unlimited taxing power of County Commissioners of Washington County are hereby unconditionally pledged to the payment of this bond and of the interest payable hereon according to its terms, and the County does hereby covenant and agree to pay punctually the principal of this bond and the interest hereon on the dates and in the manner prescribed herein, according to the true intent and meaning hereof. It is hereby certified and recited that each and every act, condition and thing required to exist, to be done, to have happened, and to be performed precedent to and in the issuance of this bond, does exist, has been done, has happened and has been performed in full and strict compliance with the Constitutionand laws of the State of Maryland and the Resolution (as defined on the reverse side hereof), and that the issue of bonds, of which this bond is one, together with all other indebtedness of the County, is within all debt and • er limits prescribed by tha Constitution and laws of the State of Maryland and that due provision has been made for the -14- 4309W 01/1$/46 7111 ••I levy and collection of an annual ad valorem tax or taxes upon all of the legally assessable property within the corporate limits of the County in rate and amount sufficient to provide for the payment, when due, of the principal of and interest on this bond. This bond shall not become obligatory for any purpose or be entitled to any benefit under the above -mentioned laws until this bond shall have been authenticated by an authorized officer of the Bond Registrar. IN WITNESS WHEREOF, County Commissioners of Washington County has caused this bond to be executed in its name by the facsimile signature of the President of the Board of County Commissioners and the facsimile signature of the Treasurer of Washington County and by its corporate seal imprinted hereon in facsimile, attested by the facsimile signature of the County Clerk, all as of the first day of March, 1985. COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: [Facsimile Signature_ President, Board of County Commissioners By: (Facsimile Signature] Treasurer, Washington County (SEAL) ATTEST: ml le Signature+) County Clerk CERTIFICATE OF AUTHENTICATION This bond is one of the series of registered bonds designated as "County Commissioners of Washington County Public Improvement Bonds (1.985)." THE FIRST NATIONAL BANK OF MARYLAND Bond Registrar Date of Authentication: By: Authorized Officer -15- •% 04W W O%/ Y I/ A f 7 • $ S - l (REVERSE SIDE OF BOND] This bond is one of a duly authorized issue or series of bonds of the County aggregating $4,500,000 in principal amount, which are in denominations of $5,000 or any integral multiple thereof, all dated March 1, 1985, and designated as "County Commissioners of Washington County Public Improvement Bonds (1983)" (the "Bonds"), which mature serially in installments on the first day of March in each of the years 19 to , inclusive, as follows: Maturity Principal Interest Maturity Principal Interest Date Amount Rate Date Amount Rake The Bonds are numbered from one consecutively upward prefixed by the letter "R" and are of like tenor and effect except as to maturity, number, interest rate, denomination and redemption provisions and are issued pursuant to and in full conformity with the provisions of Chapter 280 of the Laws of Maryland of 1984 and a resolution adopted by the Board of County Commissioners of Washington County on , 1985 (the "Resolution"). Bonds which mature on or after 19, are subject to redemption beginning , 19 , as a whole at any time or in part on any interest payment date, in the inverse order of maturities, at the option of the County, at the following redemption prices, exprossed as percentages of the principal amount of the Bonds to be redeemed, together with interest accrued to the date fixed for redemption: Redemption Period (both dates inclusive) - -16-- Redemption Price If less than all of the Bonds of any one maturity are called for redemption, the particular Bonds or portion of Bonds to be redeemed from such maturity will be selected by lot by the Bond Registrar. When less than all of a Bond in a denomination in excess of $5,000 is so redeemed, then, upon the surrender thereof, there shall be issued without charge to the registered owner thereof, for the unredeemed balance of the principal amount of such Bond, at the option of such owner, Bonds in any of the authorized denominations as specified by the registered owner, the aggregate face amount of. such Bonds not to exceed the unredeemed balance of the principal amount of the Bond surrendered, and to bear the same interest rate and to mature on the same date as the unredeemed balance of the Bond surrendered. If the County elects to redeem all or a portion of the Bonds outstanding, it will give a redemption notice to the registered owners of the Bonds to be redeemed by letter mailed first class, postage prepaid, at least thirty (30) days prior to the date fixed for redemption to the addresses of such registered owners appearing on the Bond Register; provided, however, that the failure to mail the redemption notice or any defect in the notice so mailed, or in the mailing thereof, shall not affect the validity of the redemption proceedings; and provided further, that the County shall publish such notice of redemption at least once in each of four successive calendar weeks (the first publication to be not less than thirty (30) days prior to the date fixed for redemption) in a financial journal or daily newspaper of general circulation in the Borough of Manhattan, New York, New York. The redemption notice shall state (i) whether the Bonds are redeemed in whole or in part and, if in part, the maturities and numbers of the Bonds to be redeemed, (ii) that the interest on the Bonds to be redeemed shall cease on the date fixed for redemption, (iii) the date fixed for redemption and the redemption price and (iv) that the Bonds to be redeemed shall be presented for redemption and payment on the date fixed for redemption at• the principal corporate trust office of the Paying Agent. From and after the date fixed for redemption, if notice has been duly and properly given, and if funds sufficient for the payment of the redemption price and accrued interest are available on such date, the Bonds designated for redemption shall cease to bear interest. Upon presentation and surrender for redemption in compliance with the redemption notice, the Bonds to be redeemed shall be paid by the Paying Agent at the redemption price. If they are not paid upon presentation, the Bonds designated for redemption shall rnntinue to bear interest at the rates stated therein until paid. All Bonds redeemed and paid will be cancelled. -17- 4 1 0 1 w: 0 1/ 1 9/ 1 1 7 1 1 1- 1 This bond will be transferable only upon the Bond Register, 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 in the form attached hereto and satisfactory to the Bond Registrar and duly executed by the registered owner or his duly authorized attorney. The County my deem and treat the person 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 or redemption price hereof and interest due hereon and for all other purposes. This bond may be transferred or exchanged at the principal corporate trust office of the Bond Registrar. Upon any transfer or exchange, the County shall, within a reasonable time, issue and the Bond Registrar shall authenticate and deliver a new registered Bond or Bonds of any of the authorized denominations in an aggregate principal amount equal to the principal amount hereof and maturing on the same date and bearing interest at the same rate. In each case, the Bend Registrar may require payment by the registered owner of this bond of any tax, fee or other governmental charge, shipping charges and insurance that may be required to be paid with respect to such transfer or exchange, but otherwise no charge shall be made to the registered owner hereof for the exchange or transfer. The Bond Registrar shall not be required to transfer or exchange this bond after the mailing of notice calling this bond or any portion hereof for redemption; provided, however, that this limitation shall not apply to any portion of this bond in excess of $5,000 which is not being called for redemption. -18- ♦) 0 U w: 0 t / t Q/ 1 7 • 4 4 -I (Form of Assignment) ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE OF ASSIGNEE) the within bond and all rights thereunder and does hereby constitute and appoint attorney to transfer the within bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: Not ce: signatures must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. Not ce: The signature to th— assignment must correspond with the name as It appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. (Form of Legal Certification) IT IS HEREBY CERTIFIED that the following is a true &Cv.. copy of the comp1n ata anrnvina legal opinion of iau rry : Piper & Marbury, Baltimore, Maryland, with respect to the issue of bonds of which this bond is one, that the original of the approving legal opinion was manually executed, dated and issued as of the date of delivery of, and payment for, said issue of bonds and that an executed copy thereof is on file with the Bond Registrar. COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: (Facsimile Signaturej�__ President, Board of County Commissioners -19- EU Section 10, The County shall sell the Bonds by the solicitation of competitive bids at public sale. Bids shall be received until 1100 a.m. (E.S.T.) on the date fixed for sale. Sale will be held at the offices of The First National Bank of Maryland, Baltimore, Maryland on Wednesday, February 20, 1985. The Director of the County's Office of Budget and Finance shall conduct such sale. The Bonds shall be sold in the name of the County and on its behalf for cash at no less than par to the bidder or bidders therefor naming the lowest net interest cost for the Bonds in any legally acceptable proposal and offering to pay not less than par and accrued interest. The sale shall be made upon award fixed by supplemental resolution of the Board of County Commissioners in accordance with the terms and conditions of the sale. Public notice of the sal• shall be given by advertisement which shall be published at least twice in one or more daily or weekly newspapers having a general circulation in the County and may also be published in one or more journals having a circulation primarily among banks and investment bankers. At least one publication of the advertisement shall be made not less than ten (10) days before the sale of the Bonds. The notice of sale (which shall constitute the form of advertisement to be published pursuant to this Section and the Act) and proposal for the Bonds shall be in substantially the form hereinafter set forth. The terms a a - th not&c ce of sale nnrl proposal are and CCna,iLiv[iet iti:&%6u �., t,,av .....��.... -20- 430$w:01/29/95 7211-1 hereby adopted and approved as the terms and conditions under which the Bonds shall be sold, issued and delivered at public sale. Appropriate variations and insertions shall be made to provide dates, numbers and amounts, and modifications not altering their substance may be made by the President of the Board of County Commissioners to carry into effect the purposes of this Resolution or to comply with recommendations of legal counsel. -21- 4209W:01/36/6% (Form of Notice of Sale) WASH I NGTON COUNTY, MARYLAND NOTICE OF SALE OF $4,500,000 COUNTY COMMISSIONERS OF WASHINGTON COUNTY PUBLIC IMPROVEMENT BONDS (1985) Dated March 1, 1985 Sealed proposals will be received until Eastern Standard Time, on , February _, 1985, by the Director of the Office of Budget and Finance of Washington County, Maryland, at the offices of The First National Bank of Maryland, Trust Division, 16th Floor Conference Room, First Maryland Building. 25 South Charles Street, in Baltimore, Maryland for the purchase of the above -described general obligation bonds of the County (the "bonds"), aggregating $4,500,000, all dated March 1, 1985, and maturing, subject to prior redemption, as herein stated, on the first day of March as follows: Principal Principal Year Amount Year Amount $ t County Commissioners of Washington County will not consider &nd will reject any proposal for the purchase of less than all of the bonds for which a proposal is made. The bonds will be fully registered in form in the denominations of $5,000 or any integral multiple thereof and will bear interest payable semiannually on the first days of March and September, commencing September 1. 1985, until platuL i. y . Principal of the bonds will be paid to the registered owner at the principal corporate trust office of The First -22-- 7.3,-s National Bank of Maryland, Baltimore, Maryland (the "Bond Registrar") upon presentment and surrender of the bonds. Interest will be paid to the persons in whose names the bonds are registered on the registration books maintained by the Bond Registrar on the 15th day of the month next preceding each interest payment date by check mailed to each such person's address as it appears on such bond registration books. The bonds which mature on or before -d , 19, are not subject to redemption prior to their matures. The bonds which mature on or after , 19 , are subject to redemption beginning , 19, as a whole at any time or in part on any interest payment date, in the inverse order of their maturities, at the option of the County at a redemption price, expressed as a percentage of the principal amount of the bonds to be redeemed, set forth in the table below, together with interest accrued to the date fixed for redemption: Redemption Period (both dates inclusive) Redemption Price Bidders shall state in their proposals the rate or rates of interest to be paid thereon in multiples of one -eighth (1/8) or one -twentieth (1/20) of one percent (1%), and each proposal shall be based and submitted on the rate or rates stated therein. Bidders may specify more than one rate of interest to be borne by the bonds, but the difference between the highest and lowest rates named may not be greater than three percent (3%). Bidders may not specify more than one interest rate for the bonds of any serial maturity. A zero rate may not be named for any maturity. The bonds will be awarded to the bidder naming the lowest net interest cost for the bonds in any legally acceptable proposal and offering to pay not less than par and accrued interest. The lowest net interest cost will be determined with respect to each proposal by calculating the interest actually to be paid on all of said bonds and subtracting therefrom any premium in the purchase price offered. Where the proposals of two or more bidders result in the same lowest net interest cost, the bonds may be apportioned between such bidders, but if this shall not be acceptable, the County shall have the right to award all of the bonds to one bidder. The right is reserved to the County to reject any or all proposals. The judgment of the Director of the office of Budget: and Finnnrw shall be final and binding upon all bidders with respect to the form and adequacy of any -23- 4 1 0 a w 0 1/ 1 1/ 1/ 7 • 4 1 - i proposal received and as to its conformity to the terms of this Notice. Each proposal must be submitted on the form accompanying the Preliminary Official Statement and must be enclosed in a sealed envelope addressed to the Director of Budget and Finance, Washington County, Maryland, c/o Mr. Richard H. Bass, The First National Bank of Maryland, Trust Division, Sixteenth Floor Conference Room, First Maryland Building, 25 South Charles Street, Baltimore, Maryland 21202, and marked on the outside "Bid for Purchase of Washington County Public Improvement Bonds (1985)." A certified check, bank cashier's, treasurer's or official check drawn. upon or certified by a responsible barking institution in the amount of $90,000 and made payable to the order of County Commissioners of Washington County, Maryland, must accompany each proposal as security for compliance with said proposal. No interest will be allowed on any such deposit. Checks of unsuccessful bidders will be returned promptly after the bonds are awarded. The bonds are authorized by Chapter 280 of the Laws of Maryland of 1984 and a resolution adopted by the Board of County Commissioners of Washington County, Maryland, on 1985. The proceeds of the bonds will be used to provide financing for the following public purposes: general public improvements, including, but not limited to, public school capital improvements. The full faith and credit and unlimited taxing power of County Commissioners of Washington County are unconditionally pledged to the payment o€ the bonds and of the interest to accrue thereon. The bongs will be issued and sold subject to approval as to legality by Piper & Marbury, Baltimore, Maryland, Bond Counsel, whose approving opinion will be delivered, upon request, to the purchaser or purchasers of the bonds, without charge. The text of such opinion will also be printed on each bond. In the opinion of Bond Counsel. under existing statutes, regulations and decisions, interest on the bonds is exempt from Federal and State of Maryland income taxation. When delivered, the bonds shall be duly executed and authenticated and registered in such names and in such ,dencminari„nR ran trha successful bidder shall have requested in writing not less than six (6) business days prior to the -24- ♦ 0 t w O%/1.' B% T 6 4 ! - t closing; and the remaining aggregate principal amount of the bonds of each issue for which no instructions have been received by such date will be issued as one bond in the denomination of such remaining aggregate principal amount, or as bonds in such denominations as may be mutually agreed upon by the successful bidder and the County, and registered in the name of the successful bidder. It is anticipated that CUSIP identification numbers will be printed on the bonds, but neither the failure to print any such number on any bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the bonds in accordance with the terms of this Notice. As soon as practicable after the award of the bonds to the successful bidder therefor on the day of sale, the County, by its President of the Board of County Commissioners, will authorize its Official Statement, which is expected to be substantially in the form of the Preliminary Official Statement referred to below. If so requested by the purchaser or purchasers of an issue at or before the close of business on the date of the sale, the County will include in the Official Statement such pricing and other information with respect to the terms of the reoffering of the bonds of such issue by the successful bidder therefor ("Reoffering Information"), if any, as may be specified and furnished in writing by such bidder. If no Reoffering Information is specified and furnished by a successful bidder, the Official Statement will include the rate or rates on the bonds resulting from the bid of such successful bidder and the other statements with respect to reoffering contained in the Preliminary Official Statement. The successful bidder for each issue shall be responsible to the County and its officials for the Reoffering Information furnished by such bidder, and for all decisions made by such bidder with respect to the use or omission of the Reoffering Information in any reoffering of the bonds including the presentation or exclusion of any Reoffering Information in any documents, including the Official Statement. The successful bidder for each issue will also be furnished, without cost, with up to 150 copies of the Official Statement (and any amendments or supplements thereto). Delivery of the bonds, without expense, will be made by the Director of the Office of Budget and Finance to the purchaser or purchasers on 1985, or as soon as practicable thereafter, in and, thereupon, said purchaser or purchasers will be required to accept ,dalivary of the bonds purchased and pay, in Federal funds, the balance of the purchase price due. Said bonds will -25- 4)00W 01/29/69 7 / Y $ - 6 be accompanied by the customary closing documents, including a no -litigation certificate, effective as of the date of delivery, stating that there is no litigation pending affecting the validity of any of the bonds included in this issue. It shall be a condition to the obligation of said purchaser or purchasers to accept delivery of and pay for the bonds that, simultaneously with or before delivery and payment for the bonds, said purchaser or purchasers shall be furnished a certificate or certificates of the President of the Board of County Commissioners to the effect that, to the best of his knowledge and belief, the Official Statement (and any amendment or supplement thereto) (except for the :'reoffering Information, tr ;zcvto of *1a fS 8B LV 11SRlCif {1V Vioii daii uv v �' of the Aa - and as of the date of delivery of the bonds does not contain any untrue statement of a material fact and does not omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and that between the date of sale and the date of delivery of the bonds there has been no material adverse change in the financial position or revenues of the County, except as reflected or contemplated in the Official Statement. The Preliminary Official Statement, together with this Notice of Sale and the required form of proposal, may be obtained from the Office of Budget and Finance, Washington County, Maryland, Courthouse, Hagerstown, Maryland. COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: President, Board of County Commissioners -26- 4 1 0 $W 0 1/ 1 1/ 1 1 7 1 1 1- 4 (Form of Proposal for Bonds) PROPOSAL FOR BONDS February 1985 Director of Budget and Finance Washington County, Maryland c/o Mr. Richard H. Bass, Senior Corporate Trust Officer The First National Bank of Maryland, Trust Division Sixteenth Floor Conference Room First Maryland Building 25 South Charles Street Baltimore, Maryland 21202 Dear Sir: Subject to the provisions and in accordance with the terms of the annexed Notice of Sale which is incorporated by reference herein and made a part of this Proposal for Bonds, we offer to purchase the obligations of County Commissioners of Washington County described in such Notice of Sale, being $4,500,000 aggregate principal amount of County Commissioners of Washington County Public Improvement Bonds (1985), such bonds to be dated March 1, 1985, to mature in the several years shown in the table below (subject to prior redemption as provided in such Notice of Sale), and to bear interest at the rates per annum set opposite such years, respectively. For the aggregate principal amount of $4,500,000, we will pay the par value of said obligations, namely $4,500,000, plus a premium of Dollars ($ ), plus interest on said bonds accrued from the date of said bonds (March 1, 1985) to the date of delivery for said bonds, which will bear interest at the following rates: Year of Maturity Amount Interest Rate Year of Interest Rate Per Annum Maturity Amount Per Annum -27- We enclose herewith a certified cashier's, treasurer's or official check banking institution, payable to the Commissioners o€ Washington County, in the which check is to be applied in accordan< Notice of Sale. check upon, or a of, a responsible order of County amount of $90,000, :e with the annexed and Associates csee List Attached) (Not a part of this proposal. The following information is requested to expedite and facilitate prompt determination of the best bid. The omission or inaccuracy of this figure will not affect the validity of the proposal. The total net interest cost of the proposal is $ .) Section 11. As soon as practicable after the sale hereinabove provided for has been held, the Bonds shall be suitably prepared in definitive form, executed and delivered to the purchaser upon receipt of the purchase price therefor, plus interest accrued to the date of delivery, less the good faith deposit accompanying the proposal. The President of the Board of County Commissioners, the Director of the Office of Budget and Finance and all other officers and employees of the County are expressly authorized, empowered and directed to take any and all actions necessary to complete and close the award, sale and delivery of the Bonds to the purchaser thereof. Section 12. The proceeds from the sale of the Bonds shall be paid to the Treasurer of the County, who shall deduct from the proceeds of the issue, the amount, if any, paid as premium on such issue and the amount paid on account of accrued interest on such issue, which amounts he shall set apart for -`0- ♦ l 0$.., 0 1/!0/ 0 1 7084-• payment;, respectively, on account of the first principal maturity and the first interest payment on the Bonds of such issue. The Treasurer of the County shall also deduct from the gross proceeds received from the sale of the Bonds the cost of issuing the same, including the cost of advertising, printing, professional fees (including legal, accountants and financial advisory fees) and expenses. The Treasurer of the County shall deposit the balance of the proceeds of the Bonds in the fund or funds established for the public purposes set forth in Section 1 hereof. Such proceeds shall be paid out by said Treasurer only on warrants from the County Commissioners of Washington County for such expenditures as shall be deemed to be proper, in the sole discretion of the Commissioners, solely and exclusively for the purposes described in Section 1 of this Resolution. If the proceeds received from the sale of the Bonds exceed the amount actually expended or required for such public purposes, the amount of such unexpended excess shall be set apart in a separate fund and applied to the payment of the next principal maturity of the Bonds or to the redemption of the Bonds or to the purchase and cancellation of the Bonds, unloss a resolution is adopted by the Board of County Commissioners to provide for the expenditure of that excess for some other valid purpose authorized by the Act. -29- 430 w: 0 1 1 t a% II 700I Section 13. For the purpose of paying the principal of and interest on the Bonds when due, the County shall levy or cause to be levied, for each and every fiscal year during which the Bonds may be outstanding, upon all property within its corporate limits subject to assessment for unlimited County taxation, ad valorem taxes in rate and amount sufficient to provide for the payment, when due, of the principal of and interest on the Bonds in each such fiscal year; and, if the proceeds from the taxes so levied in any fiscal year are inadequate for such payment, additional taxes shall be levied in the succeeding fiscal year to make up such deficiency. The full faith and credit and unlimited taxing power of the County are hereby irrevocably pledged to the prompt payment of the principal of and interest on the Bonds as and when they become due and payable and to the levy and collection of the taxes hereinabove prescribed as and when such taxes may become necessary in order to provide sufficient funds to meet the debt service requirements of the Bonds. The County hereby covenants and agrees with each of the registered owners of the Bonds to levy and collect the taxes hereinabove prescribed and to take any further action that may be appropriate from time to time during the period that the Bonds remain outstanding and unpaid to provide the funds necessary to pay promptly the principal. thereof and the interest due thereon. The County may apply to the payuranf. `, v pr inc{ p l of or i ntarnct on the Bonds any -30-- • 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 for the purpose of assisting the County in accomplishing the type of project or projects which the Bonds are issued to finance, and to the extent of any such funds received or receivable in any fiscal year, the taxes hereby required to be levied may be reduced proportionately. Section 14. (a) The President of the Board of County Commissioners and the Director of the Office of Budget and Finance shall be the officials of the County responsible for the issuance of the Bonds within the meaning of Section 1.103-13(a)(2)(ii)(C) of the Arbitrage Regulations (defined below). The President of the Board of County Commissioners and the Director of the Office of Budget and Finance shall also be the officials of the County responsible for the execution and delivery (on the date of the issuance of the Bonds) of a certificate of the County (the "Section 103(c) Certificate") that complies with the requirements of Section 103(c) of the Internal Revenue Code of 1954, as amended, and the applicable regulations thereunder (the "Arbitrage Regulations"), and such officials are hereby authorized and directed to execute and deliver the Section 103(c) Certificate to counsel rendering an opinion on the validity of the Bonds on the date of the issuance of the bonds. -31- 4)0 9.,: 01 /)I/)) 1!0•_a (b) The County shall set forth in the Section 103(c) Certificate its reasonable expectations as to relevant facts, estimates and circumstances relating to the use of the proceeds of the Bonds or of any moneys, securities or other obligations to the credit of any account of the County which may be deemed to be proceeds of the Bonds pursuant to Section 103(c) or the Arbitrage Regulations (collectively, the "Bond Proceeds"). The County covenants and agrees with the registered owners of the Bonds that the facts, estimates and circumstances set forth in the Section 103(c) Certificate will be based on the County's reasonable expectations on the date of the issuance of the Bonds and will be, to the best of the certifying officials' knowledge, true and correct as of that date. (c) The County covenants and agrees with the registered owners of the Bonds 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 the Bonds to be "arbitrage bonds" within the meaning of Section 103(c) and the Arbitrage Regulations and that it will comply with those provisions of Section 103(c) and the Arbitrage Regulations as may be applicable to the Bonds as long as the Bonds remain outstand4.ng and unpaid. -32- 4) 7 1 1 1- 1 V. Section 15. This Resolution shall become effective immediately upon its passage. Passed and approved on the 'ay of January, 1985. Imo/ ✓ _�t.r (SEAL) 9 r �L A w -33- 4256w:61/16/66 February 5, 1985 Hagerstown, Maryland 21740 I I r1 1 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook, INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Rev. William Freed, Jr., Broadfording Bible Brethren Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. COMPUTER UPDATE Benny Tyson, Supervisor of Data Processing, along with Jim Young, Director of Finance, appeared before the Commissioners to present a progress report on the new computer programs. He said that the County Commissioners Office and the Purchasing and Housing Departments had programs on-line and the Sheriffs Department was working towards putting appropriate programs on its personal computer. He also said that he was working with the County Treasurer in getting a suitable program, which could then be accessed by the Department of Permits & Inspections, and that a bid proposal was being prepared for a new accounting system. Mr. Tyson also made a presentation of the programs presently on-line in the County CommissionersOffice. APPOINTMENT TO CONIIWNITT HOUSING RESOURCE BOARD Motion made by Commissioner Roulette, seconded by Downey to appoint Neil Curran, recently appointed Director of the Department of Housing & Community Development, to serve as a member of the Washington County Housing Resource Board to fill the vacancy created by the resignation of Annette vanHilst. Unanimously approved. TRANSIENT VENDOR LEGISLATION The Commissioners reviewed pre -filed Senate Bill No. 35, an Act concerning the licensing of transient or temporary vendors, and took the matter under advisement at this time. NOMINATION FOR WACO ACHIEVEMENT AWARD The Commissioners agreed to nominate Al Davis, Personnel d Employee Benefits Director, as a candidate for the NACo Achievement Award, for the self-insurance program he developed for Washington County. EDUCATIONAL FUNDING LEGISLATION The Commissioners reviewed Rouse Bill No. 423, an Act concerning the local contribution to education in Washington County, and took the matter under advisement at this time. POLICY RE PROCESSING TAX ROLLS Motion made by Commissioner Snook, seconded by Roulette to adopt a Policy whereby tax roll print-outs or labels will be made available to the public sector for a fee of $200.00 per machine hour and $ .01 per account, with this amount to be paid in advance of processing and at en expedient time when it will not interfere with the operational procedures of the Department. Unanimously approved. PROPHET! CONVEYANCE -JOHN MERRRAUGH After due consideration of the comments received regarding the sale of a tract of land, consisting of 9.6 acres in the Washington County Industrial Park to John 4. and Vicki Merrbaugh, a MOTION was made by Commissioner Salvatore, seconded by Snook to proceed with the property transfer in accordance with the duly published Notice of Intention to sell this property. Unanimously approved. PROCLAMATION - NATIONAL COIN WEEK Motion made by Commissioner Salvatore, seconded by Downey to proclaim the week of April 21 — 27, 1985, as National Coin Week in Washington County, and commend this observance to all. citizens. Unanimously approved. PUBLIC HEARING — REZONING CASES 304 AND 305 The Meeting was convened in Public Hearing at 11:15 a.m. which was being held jointly by the County Commissioners and the Planning Commission for the purpose of hearing testimony regarding Rezoning Cases RZ-304 and RZ-305, with Ronald L. Bowers, President of the County Commissioners, and William E. Wolford, Jr., c, r;: ;f the oli„ rcrri..i„_ Al— nr....nr were Commissioner Richard F. Roulette, Vice President, R. Lee Downey, John R. Salvatore and Martin L. Sno.k . and Planning Commission Members Michael. Barnhart, Jack Byers and Mary Ann Jenneke. Chairman Wolford explained that the proposed text amendments would provide the aopropr±ct. that would permit beauty parlors and barber shops in a residence without requiring any additional land area. There being no one present to speak for nor against the Text Amendments, Chairman Wolford announced that the Record would remain open for ten (10) days for comments to he submitted in writing and closed the Hearing at 11:25 a.m. 1ESRUART S, 1985 MINUTES, CONTD. CO1VIBi IM LIICQTIVE 81S5101 motion made by Coasiesionar Roulette, seconded by Downey to convene in Executive Session at 11:30 a.m. in regard to personnel and potential litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. 1UCOr11E II RICULAR SRSSI01 Notion made by Cossiraioner Downey, seconded by Salvatore to reconvene in Regular Session at 12:00 coon. Unanimously approved. ACCi1T RUSICIATI01 01 CIVIL 0171181 DIRECTOR lotion made by Commissioner Roulette, seconded by Downey to regretfully accept the resignation of Gerald Keller, Director of Emergency Management and Civil Defense Agency, effective April 1, 1985. Unanimously approved. A)JOYRMIEIT lotion made by Commiaaionez Roulette, seconded by Snook to adjourn at 12:05 p.m. Unanimously approved. Clerk I n El I February 12, 1985 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following member[ present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore, and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Salvatore, followed by the Pledge of Allegiance to the Flag by the full Assemblage. LONDONTOWNE PHASE III FEASIBILITY STUDY Dan Sheedy, Developer, appeared before the Commissioners to present the Feasibility Study made in connection with the proposed issuance of $6,000,000 industrial revenue bonds to finance the construction of Londontowne Phase III. Mr. Sheedy reported that he was impressed with the completeness of the survey, which indicated a need for 120 units per year in Washington County of the type of residences he was proposing to build. He said his intention was to build 200 rental units unless there was a major change in the economy, beginning September. 1985 and then 40 each spring and fall. Neil Curran, Director of the Department of Housing and Community Development, stated that there was good data in the study, with the consultant recommending that the developer builds in response to conditions. He explained that the bonds would only be issued as needed. Mr. Sheedy also indicated his willingness to participate in the cost of improvements required at the Route 40/Day Road Intersection. MOTION Bade by Commissioner Salvatore, seconded by Snook to reschedule further consideration of authorizing the proposed $o,000,000 Industrial Revenue Bond Issue for next week's meeting. Unanimously approved. RE/APPOINTMENTS TO N.M.E.N.S.A.C. Motion made by Commissioner Snook, seconded by Roulette to appoint Thomas DiGirolamo for a term to expire October 1986, Kelli Taylor for a term to expire October 1935 and reappoint Terry Hovermale for a term to expire October 1987 as members of the Mid -Maryland Emergency Medical Services Advisory Council. Unanimously approved. LINE ITEM TRANSFERS - RECREATION COMMISSION BUDGET Motion made by Commission Snook, seconded by Salvatore to approve of the transfer of $500 from Gasoline & Fuel (77-450-010) and $1,000 from Contracted Services (77- 424-210) to Facilities Rentals (77-423-020) In the City/County Recreation Program Budget. Unanimously approved. OVERTIME PAY FOR ENFORCEMENT OF LICENSING REQUIREMENTS The Comaiesicners authorized payment of overtime wages for a total of up to $2,000 for two (2) deputies to make on site inspections of businesses who have not obtained state licenses and to make the appropriate line —item transfer to cover this expenditure. COPY MACHINE FOR FIRE & RESCUE ASSOCIATION Motion made by Commissioner Snook, seconded by Roulette to appropriate up to $1,000 from audited surplus for the purchase of a Copy Machine for the Fire & Rescue Association. Unanimously approved. PROCEED WITH CONVEYANCE OF PROPERTY Motion made by Commissioner Roulette, seconded by Salvatore to proceed with the sale and conveyance of a parcel of land situate on the northeast corner formed by the intcrcccticn cf ulcer Nothol and yo rth Prnanert Streets, Hagerstown. Maryland. to William E. and Ethel V. Campbell, in and for the consideration of $500, in II accordance with the duly published Notice of Intention to sell this land at public + I Bale, Unanimously approved. ® IIRETAIN FUNDING LEVEL FOR CIP BUDGET The Commissioners agreed to retain the same level of local funding for the FY 1986 Capital Improvements Program budget, in the amount of $2,000,000, as is currently budgeted for FY 1985. S.H.A. PROJECTS -HALFWAY BOULEVARD/I-81 AND EASTERN BOULEVARD roi r `r ��.., aa�ai..a r._. . o„r ho Grate Hlohwav Administration to reconsider the decision with reference to e the deletion of the I-81/Halfway Boulevard Interchange and relocated Eastern Boulevard projects, since both these projects have been of long-term concern to Washington County and the State. PEBP[PRt 12, 1985 MDUI'ES, CCNP'D. LEASE AGREEMENT - ASSESSMENT OFFICES The Commissioners agreed to renew the lease for Assessments & Taxation offices in the Court House Annex at a fee of $8.00 per square foot for a five (5) year period beginning July 1, 1985. OPPOSE ANOTHER PRISON COMPLFX Motion made by Commissioner Salvatore, seconded by Snook to vehemently oppose any other otate prison complex being located in Washington County, and to urge the support of the Governor of Maryland in this crucial issue. Unanimously approved. At this time Commissioner Bowers was excused from the Meeting and Commissioner Roulette assumed the Chair. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Downey, seconded by Roulette to convene in Executive Session at 11:20 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland, and to Record Official Action taken with the Minutes to be sealed until ;their disclosure is authorized by the Board. Unanimously approved. RECONVENE IN REGULAR SESSION Notion made by Commissioner Downey, seconded by Salvatore to reconvene in Regular Session at 12:45 p.m. Unanimously approved. ADVERTISE TO FILL VACANT POSITIONS Motion made by Commissioner Downey, seconded by Salvatore to advertise for applicants to fill the following vacant positions: Motor Equipment Operator It - Roads Department; Administrative Secretary and Part-time bus driver - County Commuter. Unanimously approved. Motion made by Commissioner Snook, seconded by Downey to adjourn at 12:50 p.m. Unanimously approved. Co ty A torney I 1 7 I February 26, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette, and Commissioners John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Pastor Jeffrey Winstead, Harvest Baptist Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION — WOMEN'S HISTORY WEEK Motion made by Commissioner Roulette, seconded by Downey to Proclaim March 3-9, 1985 as Women's History Week in Washington County and urge all citizens to participate in this observance. Unanimously approved. MINUTES OF COUNTY COMMISSIONERS MEETINGS Motion made by Commissioner Snook, seconded by Roulette to approve of the Minutes of the County CommissionersMeetings of January 22, 29 and February 5, 1985, as submitted. Unanimously approved. ADVERTISE FOR BIDS POE FORMER WILSON SCHOOL The Commissioners directed that the former Wilson School property be advertised for sealed bids. PENNSYLVANIA TOURISM INFORMATION CENTER Bob O'Connor, Tourism Director, appeared before the Commissioners to inform them that a Pennsylvania State tourism information center located near Breezewood in the south -bound lane of I-70 was available for use by Washington County. He said the only coat to the County would be operational costs estimated at $1,000 per month, in addition to the installation of a desk and display racks for brochures. MOTION made by Commissioner Salvatore, seconded by Roulette, to approve of entering into an agreement with the State of Pennsylvania to lease the above said tourism information center, and to investigate whether other Maryland jurisdictions are interested in participating in this project. Unanimously approved. MISS MARYLAND SCHOLARSHIP PAGEANT Charles Skinner, Executive Director of the Miss Maryland Scholarship Pageant, along with Smedley Lynn, Board Member, appeared before the Commissioners to request them to provide financial assistance towards activities promoting the Miss Maryland Pageant. They said that this year Miss America would be participating in the event and that the county's allocation would be used to help pay for her expenses, an official reception and the contestants and family luncheon. MOTION made by Commissioner Salvatore, seconded by Roulette to appropriate up to $1500 from Operating Contingency for transfer to the Tourism Budget for promotional activities relating to the Miss Maryland Scholarship Pageant. Unanimously approved. ALLOCATE FUNDS TO REORDER COFFEE MUGS Motion made by Commissioner Roulette, seconded by Salvatore authorizing the Tourism Department to spend up to $3,100, which was the proceeds from the sale of tourism promotion coffee mugs, to reorder additional mugs. Unanimously approved. RESOLUTION RE COMMUNITY DEVELOPMENT PROJECT Motion made by Commissioner Snook, seconded by Salvatore to adopt a Resolution approving development of housing at Potomac Valley Farms, 3 miles North of Sharpsburg, Maryland, under the Homeownership Development/Mortgage Purchase Program. Unanimously approved. At this time Commissioner R. Lee Downey arrived at the Meeting. II LIGHTING OF HALFWAY PARK BALL FIELDS Notion made by Commissioner Salvatore, seconded by Roulette to proceed with advertising for bids for lighting of the Halfway Park ball fields, with funds for this project estimated at $55,000 to be appropriated from Capital Contingency. iI Ij Unanimously approved. FEBRUARY 26, 1985 MINUTES, CONTD. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 10:20 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Salvatore, seconded by Snook to reconvene in Regular Seseton at 11:20 a.m. Unanimously approved. PROMOTE PARES EMPLOYEE AND FILL VACANT POSITIONS Motion made by Commissioner Roulette, seconded by Bowers to promote Rodney Bowers from Maintenance Man I to Maintenance Man II in the Parks Department, and proceed with filling the two (2) Maintenance Man I positions. Unanimously approved. RECL►SSIFY STATES ATTORNEY EMPLOYEE Motion made by Commissioner Roulette, seconded by Salvatore to reclassify Barbara Kline in the State's Attorney's Office to Child Support Care Administrator, Grade 6, Step A. Unanimously approved. EMPLOY TOURISM INFORMATION SPECIALIST Motion made by Commissioner Salvatore, seconded by Downey to employ Linda Sowers in the position of part—time tourism information specialist to fill an existing Vacancy and to be effective on the date of the opening of the I-81 Information Center near Williamsport. Unanimously approved. CONSOLIDATION OF DEPARTMENTS — FIRE S RESCUE COMMUNICATIONS/CIVIL DEFENSE Motion made by Commissioner Roulette, seconded by Salvatore to combine the departmental responsibilities of Fire & Rescue Communications and Civil Defense under the Chief of Fire & Rescue Communications, with this position to be upgraded to Grade 12 - Step B, and to transfer the Secretary for Civil Defense to the Transportation Commission in the position of Administrative Secretary - Grade 5 - Stop E. Unanimously approved. Motion made by Commissioner Snook, seconded by Roulette to adjourn at 11:50 a.m. Unanimously approved. U� 1 Co y Attorney I I C February 20, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present; Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. I I I INVOCATION AND PLEDGE OP ALLEGIANCE The Invocation was delivered by Rev. Norman J. Mayer, Calvary Brethren Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. LONDONTONNE PHASE III - BOND ISSUE Dan Seedy, developer of the proposed Londontowne, Phase III, appeared before the Commissioners to inform them that a viable and feasible alternate to his original plans for Londontowne, Phase III, would be to reduce the scope of the project to 3- 40 unit buildings and the revenue bond issue to an amount not to exceed $3.6 million. MOTION made by Commissioner Roulette, seconded by Snook and unanimously approved to adopt a Resolution authorizing the issuance of industrial revenue bonds in an amount not to exceed $3.6 million to be used for the purpose of financing the construction of an apartment complex consisting of 3-40 unit buildings to be known as Londontowne, Phase III (Copy of Resolution attached.) CLEAR SPRING SCHOOL DEMOLITION CONTRACT Motion made by Commissioner Snook, seconded by Downey, to advise the Contractor for demolition of the former Clear Spring Elementary School that he has been granted an additional extension of thirty (30) days from this date to fulfil the contract, and after that time will be charged $50.00 per day to be deducted from the amount due for his services for a period of an additional thirty (30) days, after which time the bonding company will be notified of the default to the contract. Unanimously approved. LINE ITEM TRANSFER - RECREATION COMMISSION Motion made by Commissioner Salvatore, seconded by Downey to approve of the transfer of $3,000 in the City/County Recreation Commission Budget from wages for seasonal employees to wages for a secretarial position. Unanimously approved. LINE ITEM TRANSFER - ELECTION BOARD Motion made by Commissioner Salvatore, seconded by Downey to approve of the transfer of $1500 in the Election Board Budget from Contract Hauling (15-424-060) to Office Supplies (15-413-000). Unanimously approved. STATE PLANNING NOTIFICATION PROCEDURES Motion made by Commissioner Roulette, seconded by Salvatore to adopt the revision to Washington County - State Planning Notification Procedures for the review of plans, regulations and proceedings involving land use, development or construction in Washington County. Unanimously approved. At this time Commissioner Snook was excused from the Meeting. PUBLIC HEARING - AGRICULTURAL PRESERVATION DISTRICT APPLICATION (AD -84-2) The President convened the Meeting in Publ c ear —[at 10:00 a.m. for the purpose of considering a petition for the establishment of an Agricultural Preservation District. Steven Goodrich, Associate Planner, explained that the petition had been filed in the name of. Dr. Jacob Robbins, et al, identified as application AD -84-2, for the property consisting of 448 acres located on the south side of Powell Road west- of its intersection with Taylors Landing Road, approximately 2 miles northwest of Sharpsburg. Mr. Goodrich also stated that the Planning Conn,, ,air,ri and the Agricultural Advisory Board had reviewed the application and recommendedapproval. Dr. Robbins explained that he intended to preserve and upgrade his property and that the agricultural preservation program would simplify endowing the farm for his children. There being no one else present to speak for nor against said AD -84-2 application, the President announced that the Record would remain open for ten (10) days for comments to he submitted in writing. He closed the Public Hearing at 10:20 a.m. and reconvened the Meeting in Regular Session. AGREEMENT FOR REPAYMENT OF CETA FUNDS icon medomrnfe4.oner Dcwney, seconded by Salvatore to repay the County's portion of the 535,669 in CETA funds tnat cannot be a.;c oi:iltcd for in cx ensc records, providing Allegany and Garret counties are willing to pay their share, with the settlement for Washington County amounting to $1.5,000. Unanimously approved. FEBRUARY 20, 1985 MINUTES CONT'D. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Downey, seconded by Salvatore to convene in Executive Session at 10:50 a.m. in regard to personnel matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Salvatore, seconded by Downey to reconvene in Regular Session at 11:25 a.m. Unanimously approved. EMPLOY FIRE & RESCUE COMMUNICATIONS TECHNICIAN Motion made by Commissioner Downey, seconded by Salvatore to accept the recommendation of the Chief of Fire & Rescue Communications and employ Todd William Campbell in the position of F.R.C. Technician, to fill the vacancy created by the resignation of David Baer. Unanimously approved. �EE80LUTION TO AWARD PUBLIC IMPROVEMENT BONDS (1985) sines Young, Director of Finance, notified the Commissioners via telephone from the law offices of Piper & Marbury, Bond Counsel, that the bid made by the syndicate headed by the Northern Trust Company, First National Bank of Maryland and Associates was the bid naming the lowest net interest cost of 8.73% for the Four Million Five Hundred Thousand Dollars ($4,500,000) Public Improvement Bonds. MOTION made by Commissioner Roulette, seconded by Downey to adopt a Resolution providing for the award of Four Million Five Hundred Thousand Dollars ($4,500,000) aggregate principal amount of general obligation bonds designated Public Improvement Bonds (1985) to The Northern Trust Company, First National Bank of Maryland & Associates who submitted the lowest net interest cost of 8.73%. Unanimously approved. (Copy of Resolution Attached.) RECESS The Meeting was recessed at 12:00 noon for lunch. The Afternoon session was convened at 1:15 p.m. with Vice President Roulette fl presiding and Commissioners Downey and Salvatore present. CONVENE IN EXECUTIVE SESSION Motion maw by CommTs1aner Salvatore, seconded by Roulette to convene in Executive Session at 1:15 p.m. in regard to property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 6 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND ADJOURN n � Nt omatt e �y Comirti;ssioner Downey, seconded by Salvatore to reconvene in Regular Session at 1:50 p.m. and adjourn. Unanimously appro..'Ad, Co y At or ey I J 1' LT I FEBRUARY 20, 1985 MINUTES, C0NT'D. I El 1 I THE BOARD OF COUNTY COMMSSIONERS OF WASHINGTON COUNTY, MARYLAND RESOLUTION NO. WHEREAS, the Board of County Commissioners of Washington County ("Board") passed a Resolution on December 27, 1984 ("Inducement Resolution") relating to the issuance of certain industrial development bonds in an amount not to exceed $6,000,000 ("Bonds") for the financing of a residential multifamily project to be owned by Washington Land Company, a Maryland limited partnership ("Owner") and containing not exceeding 200 units, located at Abbey Lane, 100 yards north of the intersection of Queen Anne's Court, just east of the City limits of Hagerstown, in Washington County known as "Londontowne Apartments Phase III" (hereinafter called "Project"); and WHEREAS, the Developer has presented a market and feasibility analysis prepared by an Independent consultant which the Board has approved; and WHEREAS, the Tax Equity and Fiscal Responsibility Act of 1982, requires that industrial development bonds issued after 1982 be approved by "the applicable elected representative" of the issuing governmental unit after a public hearing following reasonable public notice; and WHEREAS, the Board Is the applicable elected representative of Washington County; and WHEREAS, reasonable public notice has been given for the public hearing at which this Resolution has been considered by the publication of a notice (a copy of which is attached as Exhibit B), and such hearing was held on December 11, 1984, before the Board at which members of the public appeared ir' -2- and testified, and the record was left open for ten (10) days after such hearing; and WHEREAS, the Board has found that construction of the Project will serve a public purpose, enhance the economic viability and will promote the health, welfare and safety of the citizens of Washington County in that It will provide employment for such citizens and will provide housing for persons of low and moderate income in the County; NOW, THEREFORE, BE IT RESOLVED: 1. The County shall Issue, or shall cause to be issued, tax exempt revenue bonds ("Bonds") in an aggregate principal sum of not more than Three Million Six hundred Thousand Dollars ($3,600,000) and having such final terms and conditions as shall be approved by the County Attorney. 2. The date of issuance of the Bonds shall be approved by the President of the Board, the County Attorney and the Owner. 3. Each of the Bonds shall expressly recite: "Neither the United States of America nor any agency thereof nor the State of Maryland, nor any agency or political subdivision thereof, other than the Issuer shall In any event be responsible for payment of the principal of or interest on the Bonds or for the performance of any pledge, obligation or agreement of any kind whatsoever of the Issuer and neither the Bonds nor any of their agreements or obligations shall be construed to constitute an indebtedness of the United States of America or any agency thereof, or the State of Maryland, Washington County, or any agency or political subdivision thereof, other than the issuer only to the extent of the property pledged as security for the Bonds within the meaning of any constitutional or statutory provision whatsoever." 4. All documents pertaining to the issuance of the Bonds, including but not limited to the bond purchase agreement, security agreement, end the -3 - trust agreement are subject to the approval of the County Attorney and of the President of the Board. Upon obtaining such approval, the President and County Clerk, or such other appropriate officer of the Board, shall be authorized to sign, on behalf of the Board, the Bonds and all documents relating to the issuance of the Bonds. 5. The Bonds may be issued directly by Washington County or by any agency or Instrumentality thereof. 6. The monitoring of the requirement that the Project shall have at least 20% of its units occupied or available for occupancy by persons of "low or moderate" income within the meaning of Section 103(b)(4)(A) of the Internal Revenue Code will be done by the Housing Authority of Washington County (the "Housing Authority"), or such other agency as the Board shall designate, and the Housing Authority or such other agency shall be entitled to receive, as compensation for such monitoring, such fees and other remuneration as shall be agreed upon duly by the Owner and the Housing Authority. Adopted at a duly called meeting of the Board of County Commissioners of Washington County on the, day of February, 1985. WITNESS as to signature BOARD OF COUNTY COMMISSIONERS OF ATTEST as to seal WASHINGTON COUNTY FfBRUXRY 20, 1985 MIMYr'E5, OCNr'D. I I I I A RESOLUTION of County Commissioners of Washington County providing for the award of Four Million Five Hundred Thousand Dollars ($4,500,000) aggregate principal amount of general obligation bonds designated Public Improvement Bonds (1985), authorized to be issued pursuant to a Resolution adopted on January 29, 1985; fixing the interest rates payable upon the bonds so authorized and awarding the bonds to the successful bidder therefor upon the basis of the bids received this day in accordance with the official Notice of Sale prescribed in such Resolution; ratifying and confirming the distribution of the Preliminary Official Statement; authorizing the preparation and distribution of the final Official Statement; and determining various matters in connection therewith. RECITALS A resolution of County Commissioners of Washington County (the "County") adopted on January 29, 1985 (the "Resolution"), authorized the public sale of Four Million Five Hundred Thousand Dollars ($4,500,000) aggregate principal amount of the County's general obligation bonds, designated "County Commissioners of Washington County Public Improvement Bonds (1985)" (the "Bonds"). The public sale of the Bonds was held on the date of adoption hereof in the 16th Floor Conference Room, Trust Division, First Maryland Building, 25 South Charles Street, Baltimore, Maryland, at 11:00 a.m. (E.S.T.) in accordance with the terms of the Notice of Sale prescribed by the Resolution, which Notice of Sale was duly published in accordance with the Resolution. The County is now ready (1) to accept the best bid for the Bonds, at the total purchase price named oy the bidder in such bid and (2) to fix the interest rates payable on the Bonds in accordance with the terms of such bid. -I- The bid made by the syndicate headed by The Northern Trust Company, First National Bank of Maryland & Associates is the bid naming the lowest net interest cost for the Bonds. NOW, THEREFORE, BE IT RESOLVED BY COUNTY COMMISSIONERS OF WASHINGTON COUNTY, that: Section 1. The syndicate headed by The Northern Trust Company, First National Bank of Maryland & Associates (the "successful bidder") for the Four Million Five Hundred Thousand Dollars ($4,500,000) aggregate principal amount of Public Improvement Bonds (1985) is hereby found and determined to be the bidder whose bid is in the best interest of the County. Section 2. The bid of the successful bidder for the Bonds is hereby accepted. Section 3. The Bonds are hereby awarded to the successful bidder at the total purchase price named in its bid, namely $4,500,000 plus any premium specified in such bid plus interest on the Bonds accrued from the date of the Bonds (March 1, 1985) to the date of delivery for the Bonds. When prepared in definitive form, the Bonds shall be duly executed and delivered to the successful bidder in accordance with the terms and conditions of the Notice of Sale at such location in Baltimore, Maryland, or such other location as to which the successful bidder and the Director of the office of Budget and Finance may mutually agree. The delivery of the Bonds shall be made upon receipt of the l.V [.&1 purchase price f :r the Benda less the good faith deposit received from the successful bidder dC 44$. 02/1C/II 7$S/ -I to secure its bid. Such purchase price for the Bonds shall be paid to the Treasurer or the Chief Deputy Treasurer, as agent of the County for the purpose of receiving the purchase price and delivering the Bonds to the successful bidder. Immediately upon receipt thereof, the purchase price shall be deposited in the proper accounts of the County and used and applied as provided in the Resolution. Section 4. The Bonds shall bear interest at the following rates: Year of Principal Interest Year of Principal Interest Maturity Amount Rate Maturity Amount Rate 1986 $150,000 10.75% 1993 $280,000 8.70% 1987 165,000 10.75% 1994 305,000 8.40% 1988 180,000 10.75% 1995 330,000 8.60% 1989 195,000 10.75% 1996 365,000 8.80% 1990 215,000 10.75% 1997 395,000 9.00% 1991 235,000 10.75% 1998 435,000 9.10% 1992 255,000 10.75% 1999 475,000 7.75% 2000 520,000 7.75% Such rates of interest are hereby fixed as and for the rates of interest payable on the Bonds. It is hereby found and determined that the net average interest rate for the entire issue of Bonds is not in excess of 11% per annum. Section 5. The Director of the Office of Budget and Finance is hereby authorized and directed to collect the check of the successful bidder and to retain the proceeds thereof to be applied as part payment for the Bonds and to return the checks received with the proposals not hereby accepted, all in accordance with the provisions of the Notice of Sale. -3- 4411w:O1/2O/11 7111-I Section 6. The distribution of the Preliminary Official Statement dated February 12, 1985, is hereby confirmed and ratified. Section 7. The Director of the Office of Budget and Finance, together with such other officials as the County shall deem appropriate, is hereby authorized to prepare and distribute the final Official Statement for the Bonds. Section 8. This Resolution shall become effective immediately upon its passage. ADOPTED this 20th day of February, 1985. ATTEST: Clerk (SEAL) -4-- ....»:.,,1.,.. 7.. I ». • • J , Chi niss .over Martin snook (ABSENT) Commissioner ji March 5, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following fl members present: rice President n1chZrd E. oc,le__ _..a r w leninnarc 51.pp ill Downey, John R. Salvatore, and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Rev. Wendell Gross, First Baptist Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. APPRECIATION FOR A.R.C. SUPPORT William McLean, President of the Washington County Association for Retarded Citizens, presented the Commissioners with a plaque in appreciation for their continued support, and individual volunteer contributions, of programs for mentally retarded persons and their families. FINANCIAL STATUS REPORT Jim Young, Director of Finance, appeared before the Commissioners to present a Financial Status Report for July 1 through January 31, 1985. Mr. Young reported that General Fund Revenues were $728,439 over budgeted estimates, with about $350,000 of this money of a non —recurring nature; $18,173,000 had been collected in taxes, which represented 81.7% of the amount due; income taxes were about 5.7% over last years actuals for an additional $155,000, and $94,360 in additional income had been received in the Highway Fund. Mr. Young also predicted that county departments may spend $45,000 less than they are budgeted. REAPPOINTMENTS TO TOURISM ADVISORY COMMISSION Motion made by Commissioner Roulette, seconded by Downey to reappoint George Wagner, Richard Vidoni and Peggy Downs to serve as members of the Tourism Advisory Commmission for three—year terms to expire March 1, 1988. Unanimously approved. AGRICULTURAL PRESERVATION DISTRICT - DR. JACOB ROBBINS After due consideration of the matters and facts adduced at the Public Hearing held on February 20, 1985, and the comments submitted in writing within the ten (10) day period following said Hearing, a Motion was made by Commissioner Roulette, seconded by Salvatore and unanimously passed to approve of the application of Dr. Jacob Robbins, et al, AD -84-2, for the establishment of an Agricultural Preservation District on the property consisting of 448 acres located on the south side of Ijl Powell Road west of its intersection with Taylors Landing Road, and to recommend this approval to the Maryland Agricultural Land Preservation Board. REZONING CASES 304 AND 305 After due consideration of the matters and facts adduced at the Public Hearing held on February 5, 1985, and the comments submitted in writing within the ten (10) day period following said Hearing, a MOTION was made by Commissioner Roulette, seconded by Salvatore and unanimously adopted to APPROVE of Rezoning Case 304 and 305, which are text amendments to the Zoning Ordinance which would pe'mit beauty parlors and barber shops in a residence without requiring any additional land area, and to adopt the findings of fact of the Planning Commission In these cases as the ij findings of fact of this Board. MINUTES OF MEETING OF FEBRUARY 12, 1985 Motion made by Commissioner Downey, seconded by Roulette to approve of the Minutes of the County Commissioners Meeting of February 12, 1985, as submitted. Unanimously approved. CONCEPT FOR COUNTY PREVENTION SPECIALIST Ann Marie Pedersen appeared before the Commissioners to present a. concept for a Drub Abuse/Alcohol Prevention Specialist and urged the Commissioners to consider establishing a county office to administer an awareness and prevention of substance I� abuse program. She said that the County was in a position to apply for available funds, and suggested hiring a specialist part—time with a first year budget of II approximately $20,000. Dr. John Neill, Health Officer, and Henry Brown, Chief of Addictions for the local Health Department, said that the county is presently involved in a regional program to combat drug and alcohol abuse, but agreed with the concept of establishing a local office which would be housed and under the Jurisdiction of the Health Department, since much of the resource material la already in place. The Commissioners took the matter under advisement at this time. ;I I I MARCH 5, 1985 MINUTES, CONTD. AMENDMENT TO BOND LEGISLATION Motion made by Commissioner Roulette, seconded by Snook to amend the proposed legislation, H.B. 1642, which will authorize a $5,000,000 government revenue bond issue, to provide that the County may enter into related agreements with the Board cf True,, of the Hagerstown Junior College to permit that revenues derived from the new college facilities constructed from a portion of the bond funds, may be used to repay the bonds. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Roulette to convene in Executive Session at 11:30 a.m. in regard to potential litigation and personnel and property matters, pursuant to the Authority contained in Article 76(A), Section 11(a)(6 6 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Snook to reconvene in Regular Session at 1:10 p.m. Unanimously approved. OPTION AGREEMENT - BATTLETOWN ROAD BRIDGE Motion made by Commissioner Snook, seconded by Roulette to approve of the Option Agreement with Clarence M. Cook & Frances M. Cook (Deceased) for improvements to Battletown Road Bridge for conveyance in Fee Simple 32,053 sq. ft., and conveyance in Perpetual Easement 2,223 sq. ft. for the sum of $1,750, in addition to the conditions in the Supplemental Letter dated 2/21/85 to compensate for damages for loss of crops for a sum of $5,250. Unanimously approved. EMPLOY BUS ATTENDANT Motion made by Commissioner Downey, seconded by Roulette to accept the recommendation of the Manager of the County Commuter System and employ Steven Shoemaker in the position of Bus Attendant to fill an existing vacancy. nanimously approved. EMPLOY PARRS MAINTENANCE MEN Motion made by Commissioner Snook, seconded by Roulette to accept the recommendation of the Parka Superintendent and employ John R. Smith and Eugene Griffith in the positions of Maintenance Man I for the Parks Department, to fill existing vacancies. Unanimously approved. EMPLOY SCROOL COMMUNITY CENTER PROGRAM PERSONNEL Motion made by Commissioner Downey, seconded by Roulette to accept the recommendation of the City/County Recreation Commission and employ the following persons for the School Community Center Programs: Clear Spring High School — Laura Unruh, Director and Annette Lewis, Aide; North High — Donna Gaylor, Director; South High — Todd Erich, Aide; Western Heights Middle — Mark Kehne, Aide; Williamsport High — Barry Miller, Director; Martin Luther King Center (North Street School) — Ki■ Ridout, Director and Victor Fowles, Aide. Unentmn,isly approved. ADJOURNMENT Motion made by Commissioner Salvatore, seconded by Downey to adjourn at 1:20 p.m. Unanimously approved. C ty Attorney E I I March 12, 1985 Hagerstown, Maryland 21740 I I LI Li H The Regular Meeting of the Board of County Commissione^s of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Rev. John Koontz, Grace Baptist Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. ACTING MAYOR RONALD COSS Acting Mayor of the City of Hagerstown, Ronald Coss, appeared before the Commissioners on behalf of the Council, to express appreciation for the cooperation and assistance provided to the City and to invite them to the groundbreaking ceremonies for the North Potomac Street parking deck. AIRPORT SAFETY ENHANCEMENT AWARD The County Administrator announced that Leigh Sprowla, Airport Manager, had received the Federal Aviation Administration Airport Safety Enhancement Award at the recent Annual Airports Conference, and that the Washington County Regional Airport had been the only one to be ao recognized in the Eastern Region. The Commissioners congratulated Mr. Sprawls on this achievement. 1985 TRANSPORTATION IMPROVEMENT PROGRAM/ANNUAL ELEMENT Motion made by Commissioner Roulette, seconded by Downey to approve of the 1985 Washington County Transportation Improvement Program/Annual Element for operating assistance in support of the County Commuter System, with funding shares of the coats as follows: Federal $250,000, State $125,000, Local $125,000. Unanimously approved. REDESIGNATE METROPOLITAN PLANNING ORGANIZATION Motion made by Commissioner Snook, seconded by Roulette to designate the Board of County Commissioners of Washington County as the permanent Metropolitan Planning Organization for the Hagerstown Urbanized area in connection with projects utilizing Federal Mass Transit Funds, with the stipulation that the municipalities of Funkstown, Hagerstown, and Williamsport will be notified of meetings and be given the opportunity to comment on relative matters. Unanimously approved. TRANSFER CAPITAL FUNDS - COUNTY OFFICE BUILDING Motion made by Commissioner Downey, seconded by Roulette to approve of the transfer of unexpended capital outlay funds in the County Office Building Budget to the following projects: Revamp air-conditioning unit serving the 911 Emergency Center - $1200, Carpet District Court Offices - $2800, waterproof roof flashinga and parapet wall - $3n00: Unanimously approved. LINE ITEM TRANSFER — DATA PROCESSING Motion made by Commissioner Roulette, seconded by Salvatore to approve of the transfer of unexpended capital outlay funds in the Data Processing Budget to purchase a tape cleaner for the estimated amount of $4,000. Unanimously approved. REAPPOINTMENT TO BOARD OF ZONING APPEALS Motion made by Commissioner Salvatore, seconded by Roulette to reappoint Lloyd Hanlin to serve for a three-year term as a member of the Board of Zoning Appeals. iiuLi n ,a,.' by Comnia.cfoner 5slvnrnre, seconded by Roulette to withdraw the aforegoing�Motion and table the matter for further consideration at next week's meeting. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Roulette to convene in Executive Session at 10:30 a.m. in regard to personnel and property matters and potential litigation, pursuant to the Authority contained in Article 76(A), Section 11 (a) (6 67) 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION riot'-:, Wade by CoTT1n. a Roulette. seconded by Downey to reconvene in Regular Session at 11:00 a.m. Unanimously approved. MARCH 12, 1985 MINUTES, CONT-D. BIDS OPINING - TAI BILL PORM8 Bids for the 1985/86 tax bill forms were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: NCR Business Forms and Supplies - Total bid $3,635.50; Antietam Paper Company - Total bid - $2,868.60. The bids will be reviewed by appropriate officials prior to a decision being rendered. INVESTMENT REVIEW - COUNTY RETIREMENT PLAN Pat Bowerman and Jim Myron, Aetna representatives for the county retirement plan and employee benefits package, appeared before the Commissioners to present a review of the investment program and an actuarial report on grcup insurance. They stated that the retirement fund is financially sound with assets of $5.6 million and an investment program that is stable. Ms. Bowerman gave a detailed account of the program and stated that by diversifying $200,000 of the pension fund, the county has earned about $850,000. Al Davis, Employee Benefits Administrator, reported that the group insurance program is also in good condition, with a surplus of about $34,000 this year and a reserve account of $400,000. He said that if the county was paying for an outside agency to handle the program, the cost would be $1.2 million as opposed to the $700,000 in claims paid. EMPLOY BUS ATTENDANT Motion made by Commissioner Downey, seconded by Roulette to accept the recommendation of the Manager of the County Commuter System and employ Paul (Marahner in the position of bus attendant, to fill an existing vacancy. Unanimously approved. EMPLOY PART—TIME BUS DRIVERS Motion made by Commissioner Salvatore, seconded by Roulette to accept the recommendation of the Manager of the County Commuter System and employ James Lie Eerehner and Richard F. Curry as part-time bus drivers to fill existing vacancies. Unanimously approved. Motion made by Commissioner Roulette, seconded by Salvatore to accept the recommendation of the Landfill Director and employ Steven Palmer in the position of mechanic to fill an existing vacancy. Unanimously approved. EMPLOY PART—TIME PLUMBING INSPECTOR Motion made by Commissioner Salvatore, seconded by Roulette to employ Clay Green in the position of part-time plumbing inspector at the rate of $8.00 per hour, subject to confirmation by the Plumbing Board. Unanimously approved. Motion made by Commissioner Snook, seconded by Roulette to adjourn at 12:00 noon. Unanimously approved. y Attorney X er I I 'I I March 19, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard F. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of it Allegiance to the Flag by the full Assemblage. PROCLAMATION - MISS WASHINGTON COUNTY SCHOLARSHIP PAGEANT Motion made by Commissioner Roulette, seconded by Downey to Proclaim Saturday, March 23, 1985, as Miss Washington County Scholarship Pageant Day in Washington County, urging all citizens to lend their support to this event. Unanimously approved. Commissioner Bowers read the Proclamation and presented a copy to Jesse Green, Executive Director of the Pageant Board. PARTICIPATE IN AGRICULTURE PRESERVATION FUNDING Mot on made by Commissioner Roulette, seconded by Salvatore to participate in the local matching portion of the Agriculture Preservation Program by allocating $14,697 estimated in collections from transfer taxes for FY 1985 as the local share. Unanimously approved. MINUTES OF COUNTY COMMISSIONERS MEETINGS Motion made by Commissioner Downey, seconded by Salvatore to approve of the Minutes of the County Commissioners' Meetings for February 20 and 26, 1985, as submitted. Unanimously approved. TRANSFER CAPITAL FUNDS - STATES ATTORNEY'S OFFICE Motion made by Commissioner Salvatore, seconded by Roulette to approve of the transfer of $750.00 unexpended in the State's Attorney's Budget (9-487-000) for the purchase of file cabinets. Unanimously approved. APPOINTMENTS TO BOARD OF ZONING APPEALS Motion made by Commissioner Downey, seconded by Roulette to appoint Leonard Lowry to serve as a member of the Board of Zoning Appeals for a three (3) year term. Unanimously approved. Motion made by Commissioner Salvatore, seconded by Snook to appoint Harold Boyer to serve as a member of the Board of Zoning Appeals for a three (3) year term. Unanimously approved. it PARKING PROBLEMS - OAR RIDGE PARR/GARDEN APARTMENTS Edwin Feldman, principle owner of Oak Ridge Apartments, along with Arthur Schneider, Attorney, appeared before the Commissioners to inform them that illegally parked vehicles are creating hazardous conditions in the apartment complex, and to request their assistance with getting the local state legislators to amend Article 25, Section 2 of the Annotated Code of Maryland, so that an ordinance could be enacted to help private property owners. The Commissioners agreed to provide whatever assistance they could. APPOINTMENT TO SOCIAL SERVICES BOARD Mot on made by Commissioner Salvatore, seconded by Snook to appoint Vincent G. Sprong to serve as a member of the Social Services Hoard, to fill the unexpired term of Ginger. Newlin. Unanimously approved. 11 CONVENE IN EXECUTIVE SESSION Motion made b y Commissioner Salvatore, seconded by Snook to convene in Executive Session at 10:50 a.m. in regard to personnel and property matters and potential litigation, pursuant to the authority contained in Article 76(A), Section 11(a) (6 & 7) of the Annotated Code of Maryland. Urianimousl approved. Y Y Pk RECONVENE IN REGULAR SESSION Motion made by Comm ss oner Roulette, seconded by Downey to reconvene in Regular Session at 12:20 p.m. Unanimously approved. EMPLOY LABORER I - ROADS DEPARTMENT MT o n made by Commissioner Salvatore, seconded by Roulette to employ Richard Mason in the position of Laborer I for the Roads Department Southern Section to fill an existing vacancy. Unanimously approved. MARCH 19, 1985 MINUTES, CONT'D. EMPLOY MEO I - ROADS DEPARTMENT Motion made by Commissioner Roulette, seconded by Salvatore to employ Larry Beard in the position of Motor Equipment Operator I for the Central Section of the Roads Department to fill an existing vacancy. Unanimously approved. EMPLOY SCHOOL COMMUNITY CENTER PROGRAM DIRECTOR Motion made by Commissioner Salvatore, seconded by Roulette to employ Ivan Williams in the position of Director of the Clear Spring High School Community Center Program to fill an existing vacancy. Unanimously approved. ACCEPT STREETS IN COUNTY SYSTEM - LONDONTOWNE APARTMENTS Motion made by Commissioner Snook, seconded by Downey to accept the Deed for Abbey Lane and Bentley Court, streets serving Londontowne Apartment, Phase I and II, and the Maintenance Bond submitted by the developer, in concurrence with the recommendation of the Administrative Engineer. Unanimously approved. APPEAL COURT DECISION RE HOLTZ CASE Motion made by Commissioner Salvatore, seconded by Roulette to appeal to the Court of Special Appeals, the recent decision rendered by Judge Moylan regarding the Manny Holtz Rezoning -Case, in order to get a clarification on whether or not, as a legislative body, the commissioners can grant conditional rezoning. Motion carried with Commissioners Salvatore, Roulette and Bowers voting "AYE" and Commissioners Downey and Snook voting "NO". SEND LETTERS OF APPRECIATION AND SUPPORT - CITICORP Motion made by Commissioner Roulette, seconded by Downey to send a letter of appreciation to the Governor of Maryland for his assistance with the proposed locating of Citicorp Credit Services, Inc. in Washington County, and a letter to Citicorp management, expressing the support of the County government both in assisting with finalizing this proposal with the State government and with the actual move to this community. Unanimously approved. RECESS Te Meeting was recessed at 12:30 p.m. for lunch. AFTERNOON SESSION T e Afternoon Session was convened at 2:00 p.m. by President Bowers, with Vice President Roulette and Commissioners Downey, Salvatore and Snook present. BUDGET HEARINGS -- PY 1986 The ollowing Budget requests were heard: TRANSPORTATION COMMISSION - Presented by Keith Godwin, Manager of the County Commuter System, in the amount of $176,000 general fund contribution. 911, COMMUNICATIONS MAINTENANCE AND FIRE & RESCUE COMMUNICATIONS - Presented by Ron Karn, Chief of Fire & Rescue, and Mike Harpster, Electronics Technician, in the amounts of $132,227, $78,574 and $255,877 respectively. PLANNING COMMISSION - Presented by Jack Hawbaker, Executive Director, and William E. Wolford, Chairman of the Planning Commission in the amount of $164,481. The Planning Commission's Annual Report was also submitted at this time. AIRPORT - Presented by Leigh Sprowls, Airport Manager, and Rollan Myers, Chairman of the Airport Commission, in the amount of $135,246. ADJOURNMENT Motion made by Commissioner Snook, seconded by Salvatore to adjourn at 4:30 p.m. unanimously ep ro.lerd_ u ty At o nby er H I I I I March 26, 1985 Hagerstown, Maryland 21740 it The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook followed by the Pledge of Allegiance to the Flag by the full Assemblage. CHARTER HOME RULE — LEAGUE OF WOMEN VOTERS Jeannine Humphrey, President of the Washington County League of Women Voters, appeared before the Commissioners to advocate the appointment of a committee to draft a home rule charter. Ms. Humphrey said that the League believes home rule to be the best form of government for Washington County and by appointing the committee by May 1st, the proposal could be ready for referendum in the November 1986 general election. The Commissioners agreed to appoint a committee of five members to draft a home rule charter. li PURCHASE PATROL CARS UNDER STATE CONTRACT Motion made by Commissioner Salvatore, seconded by Downey to approve of the purchase of seven (7) patrol cars from the Sheriff's Department under the Maryland State Police Contract, from Gladding Chevrolet, Glen Burnie, Maryland, for the total cost of $75,915.00. Unanimously approved. PROJECT STATUS REPORT — SANITARY COMMISSION Paul Waggoner, Chairman of the Washington CCounty Sanitary Commission, along with Palmer Dawson, Administrator, and Bob Johnson, Engineer, appeared before the Commissioners to report on the status of the following projects; Maugansville/Orchard Hill, Halfway Wastewater Treatment Plant, Wright Road Pumping Station, Halfway Sewer System Rehab, Martins Crossroads/Cearfoss/Route 40/Point Salem Water System,, Highfield Water System, Highfield/Cascade '201' Facilities Plan, Keedysville and Sharpsburg Sewerage System, Revision of Boonsboro- Keedysville-Sharpsburg '201' Facilities Plan, Cloverton Sewerage scope of work, St. James sewerage system proposal and planning for treatment plant on the Conococheague Creek. The Commissioners were requested to advance the funds required to revise the Boonsboro-Keedysville-Sharpsburg '201' Facilities Plan to incorporate the use of a grinder pump system instead of the STEP System, prepare a subdistrict map, and schedule and hold a public hearing, with the hope that this action will help in securing a grant from HUD. IMOTION made by Commissioner Downey, seconded by Salvatore to advance $6,442 to the Sanitary Commission, which is to be considered a loan and reimburseable at such ( time as the above project becomes operational and revenue bearing. Unanimously II approved. BID OPENING - MODIFICATIONS TO SHELL BUILDING Bids for modifications to the Dutcher Motors, Inc. shell building in the Washington County Industrial Park were publicly opened and read aloud. Firms participating in II the bidding and their proposals were as follows: M. S. Johnston Co. - Mechanical - $75,983; H. R. Ebersole & Son - Compressed Air PipTg,- 34,200, Plumbing $66,400; Horn Mechanical 6 Electrical, Inc. - Mechanical. $69,459, Electrical Systems, $125,820; Warren Elcctr.c - g1eotrical Systems, $121,440; Beaver Mechanical - Plumbing - $68,960, Compressed Air Piping, $44,869, Mechanical, $72,469, Sp.�rI....___nkler ii System, $36,869; Fridinger Ritchie - Compressed Air Piping, $46,850, Plumbing - i1 $79,850; Funk Electric - Electrical, $98,775; Ellsworth Electric - $96,700; Robert F. Ziegler - Mechanical, $74,681; Semco Electric - Electrical Systems, 138,500; Crum Electric - Electrical Systems, $109,000; Hub_ City Sprinklers - Sprinkler system, $29,812; R. W. Warner, Inc_ - Mechanical - $58,564, Plumbing, $35,453; Callas Contractors - prima contractor, $554,300; Palmer Construction - prime contractor, $564,831; Bronka Construction - prime contractor, $596,000; Wayne boro Construction - prime contractor, $559,900; Perini Construction �-7 - prime contractor, $528,600. The bids will be reviewed by the Architect, Mor,.u/ROeco, Lc. La d:cicIcn being rendered. II MARCH 26, 1985 MINUTES, CONT'D. BID OPENING - BEAVER CREEK ROAD BRIDGE Bids for the Beaver Creek Road Bridge Project were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Richard F. Kline, Inc. - 8252,835, Building Systems, Inc. - $816,690, Fayetteville Contractors - $233,355, C. William Hetzer, Inc. - $177,215, Wolfe Brothers, Inc. - $235,985, Central Atlantic Contractors - $218,000. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - MARBLE QUARRY ROAD BRIDGE Bids for the Marble Quarry Road Bridge project were publicly opened and read aloud. Firms participating in the biddina and their proposals were as follows: Richard F. Kline, Inc. - $114,971, Building Systems, Inc. - $64,560, C. William Hetzer, Inc. - $74,880, Wolfe Brothers, Inc. - $59,260, Central Atlantic Contractors - $69,190. The bids will be reviewed by appropriate officials prior to a decision being rendered. (Decision rendered during Afternoon Session, this date.) REQUEST FOR AMENDMENT TO JUNKYARD ORDINANCE Doted Beachley, Attorney for Raymond R. Staley, Inc., Auto Salvage Yard, appeared before the Commissioners to request a six month extension on the Junkyard Ordinance requirement for screening the salvage yard on the basis that this property is one of three (3) sites in Washington County proposed for a power plant site, Paul Massicot, representative of the Maryland Energy Administration, explained that the site selection process would not be finalized until after July 1st, and also explained various options under which a site could be acquired. The Commissioners agreed to work with Mr. Staley until a site is chosen. RECESS Ne MMeeting was recessed at 11:45 a.m. for a luncheon meeting at Hagerstown Junior College with the Board of Trustees. AFTERNOON SESSION The Afternoon Session was convened at 2:00 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. BUDGET HEARINGS The following Fiscal Year 1986 Budget requests were submitted: PARKS & RECREATION - submitted by Edith Sweigert and Robert Coble in the amount of $421,094; SHERIFFS DEPARTMENT - submitted by Sheriff Bowman, Captain Feller, Lieutenant McAllister and Lieutenant Norford, as follows: Judicial - $180,756, Patrol - 5852,810, Detention - $1,202,387; TOURISM - submitted by Bob O'Connor and Doug Wright, Jr. in the following amounts: Breezewood Center - $12,976, I-70 Center - $61,114, I-81 Center - $35,189, Tourism Office - $106,830. M/ARD CONTRACT - MARBLE QUARRY ROAD BRIDGE Motion made by Comm ssioner Snook, seconded by Salvatore to accept the recommendation of the County Engineer and award the contract for the Marble Quarry Road Bridge project to Wolfe Brothers, Inc. who submitted the low bid of $59,260. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissionee Roulette, seconded by Downey, to convene in Executive ••io ••3v i- rd try c1 nd rt ant to th, u �. r.., ,. .cga_ ec_......,. -.. rrcp''_..y •"'-'-'-'-•-''p... . .. Authority�contained rin Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND ADJOURN Motion made by c omm ssioner Sa vatore,sseconded by Snook to adjourn at 5:00 p.m. Unanimously approved. erk �� H Li I I [11 April 2, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order. at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE ® T e Invocat on was del vered by Commissioner Downey, followed by the Pledge of Allegiance to the Flag by the full Assemblage. REVIEW BIDS - MODIFICATIONS TO SHELL BUILDINGS Norman Morin and Denis Rocco, Architects for the Shell Building Modification Project (Dutcher Motors, Inc.), appeared before the Commissioners to review the bids submitted and opened on March 26th. They recommend that contracts be issued to the following sub -contractors who submitted low bids meeting specifications: Ellsworth Electric Co. - Electrical - $96,700; Hub City Sprinklers, Inc. Sprinkler System - $29,812; H. R. Ebersole & Sons - Compressed Air Piping - $34,300; H. R. Ebersole & Sons - Plumbing - $66,400; Beaver Mechanical Contractors - Mechanical/9 V_A_C, - $72.469. It was pointed out at this time that R. W. Warner's bid for the Plumbing and Mechanical/H.V.A.C. Work did not meet the requirements of the Contract Documents and that the Contractor was in agreement with this decision. In reference to the Prime Contracts, the Architects explained that Callas Contractors' bid of $554,300 included all items in the Contract Documents and Perini Construction's bid of $528,600 did not include a concrete slab and dust -on hardener for the concrete slab for the welding and inventory areas and garage. The Commissioners took the information under advisement at this time. REAPPOINTMENTS TO INSURANCE ADVISORY COMMITTEE Motion made by Commissioner Roulette, seconded by Snook to reappoint Arthur Staymates and James Shifler to serve for one (1) year terms as members of the County Insurance Advisory Committee. Unanimously approved. LINE ITEM TRANSFER - AIRPORT BUDGET Motion made by Commissioner Roulette, seconded by Downey to approve of the transfer of $3,000 in the Airport Budget from "Chemicals" to "Capital Outlay" for the purchase of a typewriter and copy machine. Unanimously approved. MINUTES OF MEETINGS FOR MARCH 5 & 12, 1985 Motion made by Commissioner Downey, seconded by Roulette to approve of the Minutes of the Couu:ty Commissioners' Meetings for March 5 and 12, 1985, as submitted. Unanimously approved. AWARD BID - BEAVER CREEK CHURCH ROAD BRIDGE Motion made by Commissioner Snook, seconded by Downey to award the contract for the Beaver Creek Church Road Bridge Project to C. William Hetzer, Inc. who submitted the low bid of $177,215, and to appropriate approximately $53,000 of unbudgeted funds for this project from fund balance. Motion carried with Commissioners Snook, Downey, Salvatore and Bowers voting "AYE" and Commissioner Roulette "ABSTAINING". AWARD CONTRACT FOR AIP-3 Motion made by Commissioner Downey, seconded by Roulette to award the contract for design and inspection services for the Airport Improvement Program - 3 to Delta Associates who submitted the proposed fee of $41,000. Unanimously approved. APPROVE ISSUANCE OF UTILITY INSTALLATION PERMIT Mot_fo made by Commissioner Roulette, seconded by Snook to approve of the issuance of a Utility Installation Permit to the Water Pollution Control Department of the City of Hagerstown for the property of John C. Munson in Maugansville. Unanimously approved. AMENDMENT TO COUNTY PURCHASING POLICY Mot_Ton made by Comnnf ner Roulette, seconded by Snook to amend the County Purchasing Policy to include Paragraph F under Section V - BIDDING PROCEDURES, to read as follows: 1. Except as otherwise provided in Washington County Purchasing Policy, State of Maryland Title 21 Procurement Regulations shall prevail to bring matter of dispute to final disposition. unanimuuely appravc'. II I APRIL 2, 1985 MINUTES, CONT'D. QUIT CLAIM DEED TO LEROY AND VIOLET ROSS Motion made by Comrnicsloner Rou ette, seconded by Snook to give a quit -claim deed to Leroy and Violet Ross to release all right, title and interest to a 10' x 300' in length dedicated right-of-way that passes through one of the improvements on their property. Unanimously approved. CONVENE IN EXECUTIVE SESSION Mot on ma e by Commissioner Salvatore, seconded by Snook to convene in Executive Session at 10:45 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Snook, seconded by Salvatore to reconvene in Regular Session at 11:00 a.m. Unanimously approved. BID OPENING - LIGHTING SOFTBALL FIELDS $1 AND $2 AT HALFWAY PARK B ds for 1 ghting the softball fields at Halfway Park were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Semko Electric - $44,500, Richard F. Kline - $46,862, L.E.S. Company - $63,443, Frum Electric - $52,990, Henson & Son - $76,535, Ellsworth Electric - $49,000. The bids will be reviewed by appropriate officials prior to a decision being rendered. (Decision rendered during Afternoon Session, this date.) BUDGET HEARING - HAGERSTOWN JUNIOR COLLEGE Lester Mobely, President of the Board of Trustees of the Hagerstown Junior College, Arthur Barnhart, Finance Director, and Dr. Atlee Kepler, College President, submitted the H.J.C. Budget Request in the amount of $1,873,081, which included $212,000 to bring administrative and faculty salaries up to cohort average and a 5% cost o€ living increase. AFTERNOON SESSION The Afternoon Session was convened at 12:20 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. CONVENE IN EXECUTIVE SESSION Motion made by Comm sesas oonner Salvatore, seconded by Downey to convene in Executive Session at 12:20 p.m. in regard to personnel and property matters; pursuant tc the authority contained in Article 76(A), Section ll(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Snook, seconded by Roulette to reconvene in Regular Session at 1:30 p.m. Unanimously approved. EMPLOY TOURISM SPECIALIST Motion made by Commissioner Downey, seconded by Salvatore to employ Elizabeth Wallech in the position of Tourism Information Specialist for the I-70 Information Center. Unanimously approved. BUDGET HEARINGS The To_1 owing FY 1986 Budget requests were submitted: ROADS DEPARTMENT - submitted by Ted Wolford in the amount of $3,506,548; LANDFILL _ SUBMITTED by Bob Davenport in the amount of $709,985; HEALTH DEPARTMENT - submitted by Charles Rouzer, Chairman of the Advisory Board of Health and Dr. John Neill, Health Officer, in the amount of $1,465,973. AWARD BID - LIGHTING OF SOFTBALL FIELDS AT HALFWAY PARK MotTnn made by Commissioner Snook, seconded by Salvatore to award the contract for Lighting of Softball Fields N1 and 02 at Halfway County Park to Semko Electric who submitted the low bid of $44,500, and to waive the omission of the Bid Bond with the Bid since it was received prior to a decision being rendered. Unanimously approved. AWARD CONTRACT - COURTROO71 CEILING REPLACEMENT Mot on made v Comm^lss�oner Roulette, seconded by Salvatore to award the contract for replacement of the coiling in Court Room 01 to Bronka Construction Company who submitieu U. l� - ^^-n' cf g20;nnn: Rod to aonroor.iato the funds for this emergency project from Operating Contingency. Unanimously approved. I APRIL 2, 1985 MINUTES, CONT'D. Lii I I BUDGET HEARINGS The following FY 1986 Budget requests were submitted: WASHINGTON COUNTY FREE LIBRARY - submitted by Charles Blank, Director, and Fred Wright III, President of the Board of Trustees, in the amount of $596,285; FIRE & RESCUE ASSOCIATION - submitted by Jim Winters, Chairman of the Budget Committee, in the total amount for contributions to fire and ambulance companies of $419,362 and by Donald Koons for the Air Unit in the amount of $5400. ACCEPT RESIGNATION - PURCHASING DEPARTMENT SECRETARY Motion made by Commissioner Salvatore, seconded by Roulette to accept with regrets the resignation of Carol Main, Purchasing Department Secretary, effective April 12, 1985. Unanimously approved. ADJOURNMENT Motion made by Commissioner Downey, seconded by Snook to adjourn at 5:00 p.m. Unanimously approved. County Attorney April 4, 1985 Hagerstown, Maryland 21740 Clerk A Special Meeting of the Board of County Commissioners of Washington County was called to order at 11:00 a.m, by the President, Ronald L. Bowers, with Vice President Richard E. Roulette and Commissioner Martin L. Snook present. RECOMMENDATION RE BID DOCUMENTS FOR SHELL BUILDING MODIFICATION T e County Administrator informed the Commissioners that the Committee selected to review the Specifications and Contract Drawings for the Shell Building Modification and Construction Project had determined that the documents clearly included the construction of a concrete loading dock. The County Attorney advised the Commissioners that the low bidder on the prime contract, Perini Construction, should then be given the opportunity to withdraw his bid and forfeit the bid bond, or to enter into a Contract to fulfill all work as specified for the amount bid. When contacted via telephone, the contractor agreed to perform the work as specified for his bid price of $528,600. AWARD PRIME CONTRACT - SHELL BUILDING MODIFICATION AND CONSTRUCTION PROJECT lotion made by Commissioner Snook, seconded by Roulette to award the prime contract for Shell Building Modification and Construction to Perini Construction who submitted the low bid of $528,600, with the provision that all work specified in the Bid Documents shall be performed. Unanimously approved. AWARD SUB -CONTRACTS - SHELL BUILDING MODIFICATION AND CONSTRUCTION Moton made by Comm asioner Roulette, seconded by Snook to award the following sub- contracts for the Shell Building Modification and Construction Project: Ellsworth Electric Co. - Electrical - $96,700; Hub City Sprinklers, Inc. — Sprinkler System - $29,812; H. R. Ebersole & Sons - Compressed Air Piping - $34,300; H. R. Ebersol & Sons -• Plumbing - $66,400; Beaver Mechanical Contractors - Mechanical/HVAC - $72,469. Unanimously approved. ADJOURNMENT Moon made by Commissioner Roulette, seconded by Snook to adjourn at 11:40 a.m. Unanimously approved. ' eouoty Clerk April 9, 1985 Hagerstown, Maryland 21740 LI I [1 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore, and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Rev. Daniel Eshleman, Valley Grace Brethren Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Salvatore to convene in Executive Session at 9:05 a.m. in regard to property matters, pursuant to the Authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Mot on made by Commissioner Roulette, seconded by Salvatore to reconvene in Regular Session at 10:00 a.m. Unanimously approved. REZONING CASES 303, 306, 307, 308, 310 After due consideration oall the matters and facts adduced at the Public Hearing held on March 11, 1985, the comments submitted in writing within the ten (10) day period following said Hearing and the recommendations submitted by the Planning Commission, the following decisions were rendered. RZ-303 Motion made by Commissioner Roulette, seconded by Snook to APPROVE of the Application of Allsafe Fire Equipment for the reclassification of Land located at. 2316 Virginia Avenue and 2300 - 2302 Virginia Avenue, Hagerstown, Maryland, consisting of 1.06 acre from RU -Residential Urban to BL -Business Local, based on a mistake in the original zoning, and to adopt the Findings of Fact of the Planning Commission in this Case as the Findings of Fact of this Board. Unanimously approved. RE -306 Motion made by Commissioner Roulette, seconded by Snook to APPROVE of the Application of Maryland Metals, Inc. for the reclassification of land located at Antietam Drive at Chessie System Railroad, consisting of two parcels totalling 5.11 acres from RS, Residential Suburban to IG, Industrial General, based on a mistake in the original zoning, and to adopt the Findings of Fact of the Planning Commission in this case as the Findings of Fact of this Board. Unanimously approved. RZ-307 Motion made by Commissioner Downey, seconded by Salvatore to APPROVE of the application of the Department of Permits for a Text Amendment to the Zoning Ordinance, to add the following new wording to Section N. 22.72.(a): Net Lot Area: A parcel of land used for a multiple -family group development shall be under one ownership and shall have an area of at least 20,000 sq. ft. and a lot frontage of at least 100 .feet. When so used, such a parcel of land shall be considered to be one lot for the purpose of these regulations. The yard requirements shall apply to distance from private interior streets within the project as well as distance from surrounding public streets, and to adopt the Findings of Fact of the Planning Commission in this Case as the Findings of Fact oC this Board. Unanimously approved. RZ-308 Mot on made by Commissioner Snook, seconded by Roulette to APPROVE of the application of the Planning Department for a Text Amendment to the Zoning Ordinance to delete Section No. 28.80(D) 1 and 2 and add the following new wording: 1. Lcw volume Operations - Operations in which the land area disturbed by mineral extraction is one (1) acre or less and no temporary or permanent structures are involved, 2. Moderate Volume Operation - Operations in which the land area devoted to mineral extraction and mineral processing is five (5) acres or less and greater than one (1) acre, and to adopt the Findings of Fact of the Planning Cummi.eiun is tfis Ca c ..•, the Fngn of F»mot of Phis Board. Unanimously approved. APRIL 9, 1985 MINUTES, CONT'D. Motion made by Commissioner Roulette, seconded by Salvatore to remand the application of the Planning Commission to add new Section 107(B) to the Zoning Ordinance back to the Planning Commission for further discussion and clarification. Unanimously approved. PUBLIC HEARING - DIN 'A GAME BOND ISSUE The President convened the Meeting in Public Hearing at 11:00 a.m. to permit any resident of Washington County to appear and testify concerning the proposed issuance and sale of Washington County Economic Development Revenue Bonds in an amount not to exceed $350,000, with the proceeds of the Bonds to be used to finance an addition to an existing facility owned by DIM 'A Game. Lynn W. Dick, General Partner, explained the project. Timmie Ruppersberger, representing Bond Counsel, introduced a Resolution authorizing the Bond Issue for the Commissioners consideration and explained the legal aspects of the sale of such bonds. There being no one else present to speak for nor against said Bond Issue, the President closed the Public hearing at 11:20 a.m. and reconvened the Meeting in Regular Seas ion. ADOPT RESOLUTION - DIN 'A GAME BOND ISSUE of on made by Commissioner Roulette, seconded by Salvatore and unanimously adopted with Commissioners Roulette, Salvatore, Downey, Snook and Bowers voting "AYE" to adopt a Resolution authorizing and empowering County Commissioners of Washington County to issue, sell and deliver, at any one time or from time to time, its revenue bonds in a principal amount not to exceed $350,000, pursuant to the provisions of Sections 266A through 266-I of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume) as amended in order to loan the proceeds thereof to DIM A Game, a partnership, for the sole and exclusive purposes described in this Resolution; authorizing the President of the Board of County Commissioners of Washington County to accept, on behalf of County Commissioners of Washington County, the Letter of Intent from DIM 'A Game, a partnership to County Commissioners of Washington County dated April 9, 1985 and approving, pursuant to notice and following a public hearing, the issuance of the Bonds requested therein; staking certain legislative findings, among others, concerning the public benefit and purpose of such revenue bonds; providing that such revenue bonds and the interest thereon shall be limited obligations of County Commissioners of Washington County, repayable solely from the revenues derived from loan repayments (both principal and interest) made available for such purpose, and that neither such revenue bonds nor the interest thereon shall ever constitute an indebtedness or a charge against the general credit or taxing powers of County Commissioners of Washington County within the meaning of any constitutional or charter provision or statutory limitation and that neither shall ever constitute or give rise to any pecuniary liability of County Commissioners of Washington County; authorizing and empowering the Board of County Commissioners of Washington County, prior to the issuance, sale and delivery of such revenue bonds, to prescribe the rate or rates of interest such revenue bonds are to hear, the form, tenor, terms and conditions of and security for such revenue bonds, and to prescribe, determine, provide for and approve various other matters, details, documents and procedures in connection with the authorization, issuance, security, sale and payment for such revenue bonds; and generally providing for and determining various matters and details in connection with the authorization, issuance, security, sale and payment of such revenue bonds. Copy of Resolution and Letter of Intent attached. REZONING CASES - 302, 309, 311, 312, 313 After due consideration of all the matters and facts adduced at the Public Hearing held on March 11, 1985, the comments submitted in writing within the ten (10) day period following said Hearing and the recommendations submitted by t_he rianning Commission, the following decisions were rendered: RZ - 322 Motion made by Commissioner Downey, seconded by Salvatore to APPROVE of the application of the Planning Commission for a Text Amendment to the Zoning Ordinance to add new Section 4.16 which will provide standards for landscaping in the districts where landscaping is required, and to adopt the Findings of Fact of the Planning Commission in this Case as the Findings of Fact of this Hord. Unanimously approved. I I I Li I 1 LII I APRIL 9, 1985 MINUTES, CON'r'D. RZ — 311 Motion mmade by Commissioner Roulette, seconded by Downey to APPROVE of the application of the Planning Commission for a Text Amendment to Section 4.11(b)2. of the Zoning Ordinance to provide a cross-reference to the new Section 4.16 that addresses landscaping requirements, and to adopt the Findings of Fact of the Planning Commission in this Case as the Findings of Fact of this Board. Unanimously approved. RZ - 313 Moon made by Commissioner Roulette, seconded by Snook to APPROVE of the application of the Planning Commission for a Text Amendment to Section 4.17 of the Zoning Ordinance which provides guidelines and performance standards for the different categories of users of play lots, and to adopt the Findings of Fact of the Planning Commission in this Case as the Findings of Fact of this Board. Unanimously approved. RZ - 309 Mot on made by Commissioner Roulette, seconded by Snook to APPROVE of the application of the Planning Commission for a Text Amendment to the Zoning Ordinance to add new Section 10.7(B) to provide that play lots or tot lots may be required pursuant to Section 4.17, and to adopt the Findings of Fact of the Planning Commission in this Case as the Findings of Fact of this Board. Unanimourly approved. RE - 302 Motion made by Commissioner Salvatore, seconded by Downey to APPROVE of the application of Paramount Feed & Supply for the reclassification of land located on the north side of West Longmeadow Road consisting of 1.50 acres from RR, Residential Rural to IG, Industrial General based on a mistake in the original zoning, and to adopt the Findings of Fact of the Planning Commission in this Case as the Findings of Fact of this Board. Motion made by Commissioner Salvatore, seconded by Downey to TABLE the vote on the aforegoing MOTION until a later date. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Downey, seconded by Roulette to convene in Executive Session at 11:45 a.m. in regard to personnel and property matters, pursuant to the Authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Salvatore to reconvene in Regular Session at 12:10 p.m. Unanimously approved. EMPLOY PART—TIME SECURITY/CUSTODIANS Motion made by Commissioner Salvatore, seconded by Snook to employ Ernest Burnett and Raymond Cook in the positions of permanent part-time security/custodians for the Martin Luther King Center. Unanimously approved. RENEW LEASE FOR ASSESSMENT OFFICES Motion made by Commissioner Salvatore, seconded by Roulette to approve of the renewal of a five year lease with the Department of Assessments & Taxation, for fee of $7.00 per square foot, plus an escalator clause for utilities and maintenance costs. Unanimously approved. RECESS The Meeting was recessed at 12:15 p.m. for. lunch. AFTERNOON SESSION The -A�ternoon Session was convened at 1:45 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. CAPITAL BUDGET HEARING Barry Teach, Jack Hawbaker, and Jim Young, Capital Improvements Budget Committee, submitted the CIP Budget for FY 1986. They said that requests of $6,292,000 had been reduced by the Committee to $1,982,450 in local funds, as follows: Engineering - $792,000, Airport - $798,750, Roads - $387,500, Parks - $70,000, Government Facilities — $122,000, Housing - no local costs, Transportation - a3,5uJ, F;.,:e & - 594,000, Civil Defense - $46,000, Company 025 Air Unit - $25,000, Hagerstowui Junior College - $41,700, Boara of Edu.ati„n $200,000, Landfill - $58,500, Detention Center - S19,000. APRIL 9, 1985 MINUTES, CONT'D. I BUDGET HEARING — S.P.C.A. Sue Smallwood, President, and Jerry Friedman, Accountant, for the S.P.C.A. submitted the FY 1986 Budget request in the amount of. $99,000 for Operating Expenses, $3,000 for rabies control and $2,500 for gasoline. ADDITIONAL ALLOCATION - COMPANY $25 - AIR UNIT Motion made by Commissioner Salvatore, seconded by Snook to grant an additional allocation of $500 to Company #25 - Air Unit for FY 1985, with this amount to be appropriated from operating Contingency. Unanimously approved. LINE ITEM TRANSFERS - RECREATION COMMISSION Motion made by Commissioner Salvatore, seconded by Snook to approve of the following line item transfers in the City/County Recreation Commission Budget: $1,000 from Contractural Service/Summer Help (77-424-210) to Recreational Programs Materials & Supplies (77-410-150); $250.00 from Equipment Rentals (77-423-030) to Office Supplies; $700 from Rent Auto & Equipment (77-423-040) to Advertising E Pub - Publicity (77-421-000); $1,000 from Rent Auto & Equipment (77-423-040) to Facilities Rentals (77-423-020). Unanimously approved. BUDGET HEARINGS T efollowing FY 1986 Budget requests were submitted: UNITED WAY -- submitted by Jesse Kaegle, Executive Director, and Howard Rockwell, Campaign Chairman, in the amount of $74,0001 BOARD OF ELECTION SUPERVISORS - submitted by Dottie Waters, Registrar, and Virgil Banzhoff, Board members, in the amount of $109,467; CITY/COUNTY RECREATION COMMISSION - submitted by Ron Kidd, Director, and Carol VanReenan and Eugene Martin, Commission Members, in the amount of $160,244. PARTICIPATE IN ROAD IMPROVEMENTS - STONEWALL DRIVE Motion made by Commissioner Salvatore, seconded by Snook to participate in the cost of improving 1100' of Stonewall Drive in the Antietam Overlook Development on a 50- 50 basis with the property owners, with the project cost estimated at $20,000, and provided the property owners share is paid in advance of the work being done. Unanimously approved. APPROVE APPLICATION FOR PREVENTION SPECIALIST Mot on made by Commissioner Salvatore, seconded by Snook to approve of filing an application for funds to employ a Drug & Alcohol Abuse Prevention Specialist and to certify the County's intent to provide local funding in the amount of $14,000. Unanimously approved. APPLICATION FOR SCATTERED PUBLIC HOUSING FUNDS Mot on made by Commies oner Salvatore, seconded by Snook to approve of the Housing Authority filing an application with HUD for funds for 16 units of scattered public housing, with the project consisting of rehab of existing structures. Unanimously approved. PROCLAMATION - LAW DAY U.S.A. Motion made by Commissioner Salvatore, seconded by Snook to Proclaim May 1, 1985 as Law Day U.S.A, in Washington County and call upon all citizens, schools, businesses, clubs and the news media to commemorate the role of law in our lives. Unanimously approved. ADJOURNMENT Not on made by Commissioner Salvatore, seconded by Snook to adjourn at 4:30 p.m. Unanimously approved. Co n Att .ney _ci�2f�fd/ Clerk APRIL 9, 1965 MINUTES, CONT'D. RESOLUTION A RESOLUTION AUTHORIZING AND EMPOWERING COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ISSUE, SELL AND DELIVER, AT ANY ONE TIME OR FROM TIME TO TIME, ITS REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $350,000, PURSUANT TO THE PROVISIONS OF SECTIONS 266A THROUGH 266-I OF ARTICLE 41 OF THE ANNOTATED CODE OF MARYLAND (1982 REPLACEMENT VOLUME) AS AMENDED IN ORDER TO LOAN THE PROCEEDS THEREOF TO DIM 'A GAME, A PARTNERSHIP, FOR THE SOLE AND EXCLUSIVE PURPOSES DESCRIBED IN THIS RESOLUTION; AUTHORIZING THE PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ACCEPT, ON BEHALF OF COUNTY COMMIS- SIONERS OF WASHINGTON COUNTY, THE LETTER OF I: SNT O. DI:: 'A C. '".D "i oryn TERSHiP TO NT COUY COMMISSIONERS OFWASHINGTON CUNTY DATED APRIL 9, 1985 AND APPROVING, PURSU TO NOTICE AND FOLLOWING A PUBLIC HEARING, THE ISSUANCE OF THE BONDS REQUESTED THEREIN; MAKING CERTAIN LEGISLATIVE FINDINGS, AMONG OTHERS, CONCERNING THE PUBLIC BENEFIT AND PURPOSE OF SUCH REVENUE BONDS; PROVIDING THAT SUCH REVENUE BONDS AND THE INTEREST THEREON SHALL BE LIMITED OBLIGATIONS OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, REPAYABLE SOLELY FROM THE REVENUES DERIVED FROM LOAN REPAYMENTS r BOTH PRINCIPAL AND INTERET MADE AVAILABLE FOR SUCH PURPOSE, AND THAT NEITHER SUCH REVENUE BONDS NOR THE INTEREST TfiEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE GENERAL II CREDIT OR TAXING POWERS OF COUNTY COMMISSION- ERS OF WASHINGTON COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR CHARTER PROVISION OR STATUTORY LIM'LTATION AND THAT NEITHER SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF COUNTY COMMISSIONERS OF WASHING- TON COUNTY; AUTHORIZING AND EMPOWERING THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTOH- COUNTY, PRIOR TO THE ISSUANCE, SALE AND DELIVERY OF SUCH REVENUE BONDS, TO PRESCRIBE II THE RATE OR RATES OF INTEREST SUCH REVENUE BONDS ARE TO BEAR, THE FORM, TENOR, TERMS AND CONDITIONS OF AND SECURITY FOR SUCH REVENUE BOIIDS, AND To PRESCRIBF D^TERMTNP', PROVIDE FOR AND APPROVE VARIOUS OTHER MATTERS, DE- TAILS, DOCUMENTS AND PROCEDURES IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT FOR SUCH REVENUE BONDS; AND Li r GENERALLY PROVIDING FOR AND DETERMINING VARIOUS MATTERS AND DETAILS IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT OF SUCH REVENUE BONDS. RECITALS Sections 266A to ?65-T: inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume) as amended (the "Act") empower all the counties and municipalities of the State of Maryland to issue revenue bonds and to loan the proceeds of the sale of such revenue bonds to a "facility user" to finance the acquisition (as defined in the Act) by such "facility user" of any facility (as defined in the Act). As defined in the Act, a "facility user" includes any individual, public or private corpo- ration, partnership, association, firm, or other entity whether or not created for the purpose of making a profit, which owns, leases, or uses all or any part of a facility. The Act declares it to be the legislative purpose to relieve conditions of unemployment in the State of Maryland, to encourage the increase of industry and a balanced economy in the State of Maryland, to assist in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland through among other things, port development and the control, reduction or abatement of pollution of the environment and the utilization and disposal of wastes (where proceeds of the bonds are used for that purpose), to promote economic development, to protect natural resources and encourage resource recovery and to generally promote the health, welfare and safety of the residents of each of the counties and municipalities of the State of Maryland. County Commissioners of Washington County, a body politic and corporate and a political subdivision of the State of Maryland (the "County"), has received a letter of intent dated Apri a , 1985 (the "Letter of Intent"), from DIM 'A Game, a Partnership, a Maryland general partnership (the "Borrower") (in form attached hereto as Exhibit A), a "facility applicant" as defined in the Act, in which it is requested that the County participate in the financing of a certain facility as defined herein, by the issuance of certain bonds described therein and by loaning the proceeds thereof to the "Borrower" for the purpose of acquiring and expanding the facility defined herein upon the terms and conditions of a loan or similar agreement to be entered into between the County end the Borrower (the "Loan Agreement"), as permitted by the Act (such loan being herein referred to as the "Loan"). The facility will be leased to Ross Transfer & Storage, Inc. (the "Tenant") for use in its business of household goods moving and m%c:,xa9e. -2- The facility to be acquired will consist generally of (a) an addition (the "Addition") to be added to the Borrower's existing building (the "Existing Building") located on approxi- mately 3.551 acres of land known as 500 Industry Drive, in the Airport Industrial Park, Hagerstown, Washington County, Maryland, which Addition will contain approximately 13,000 square feet of space (the Addition and the Existing Building together the "Building"); (b) equipment for the Building (the "Equipment"), and (c) any other improvements or interests in land necessary or desirable for operation of the Building, together with roads and other rights of access, utilities, and other facilities necessary to the acquisition, construction and operation of the facility (the "Other Interests") (the Building, the Equipment and the Other Interests collectively, the "Facility"). The County, in compliance with the Tax Equity and Fiscal Responsibility Act of 1982 (the "Federal Act") held a public hearing on April 9, 1985, pursuant to notice (in form attached hereto as Exhibit B) published in a newspaper of general circula- tion in Washington County on March 22 and 29, 1985 for the purpose of apprising affected residents of was ington County, Maryland of the proposed issuance of the Bonds and allowing such residents to appear and be heard concerning the issuance of the Bonds and the location and nature of the Facility. The County has determined following such public hearing, and after having duly considered (a) the availability or feasibility of conventional financing on reasonable terms to finance the Facility, (b) the competitive effect of the issuance of the Bonds on other business entities conducting business activities similar to those of the Borrower within Washington County, (c) the necessity for the issuance of the Bonds for competitive economic development purposes to insure job opportunities and to provide for a sufficient tax base, that there will be a substantial public benefit from the issuance of the Bonds, that the issuance of the Bonds to finance the Facility is in the public interest and for a public purpose and by this Resolution has given its approval thereto. The County based upon the findings and determinations set forth below, has determined to participate in the financing of the Facility by (a) issuing, selling and delivering its revenue bonds in an aggregate principal amount not to exceed $350,000 (the "Bonds"), and (b) loaning the proceeds of the Bonds to the Borrow- er upon the terms and conditions of the Loan Agreement, as permit- ted by the Act. The Loan Agreement will require the Borrower (a) to use the proceeds of the Bonds solely to finance the acquisition and expansion of the Facility (except to the extent of amounts permit- ted to be expended for other purposes under the Act and by the Loan Agreement), and (b) to make Loan payments which will be sufficient to enable the County to pay the principal of and interest and premium, if any, on the Bonds when and et the same shall become due and payable. As security for the Bonds, the County may enter into a trust agreement with one or more corporate trustees or a purchase or assignment agreement with the purchaser of the Bonds pursuant to which the County will assign to such trustee or purchaser, among other things, and excepting the right of the County to indemnification and to payments of the County for expenses, all of the County's right, title and interest in and to, and remedies with respect to the Loan Agreement and any other document or instrument relating to the Loan, and any and all other property of every description and nature from time to time by delivery or by writing of any kind conveyed, pledged, assigned or transferred, as and for additional security for the Bonds. SECTION 1. , That, acting pursuan ed as follows: (1) The issuance and sale of the Bonds by the County pursuant to the Act in order to lend the proceeds thereof to the Borrower for the sole and exclusive purpose (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement) of financing the acquisition and expansion (within the meaning of the Act) by the Borrower of the Facility will facilitate and expedite the acquisition and expan- sion of the Facility by the Borrower. (2) The acquisition and expansion of the Facility by the Borrower and the financing and refinancing thereof as provided in this Resolution will promote the declared legislative purposes of the Act by (a) creating jobs and employment, thus relieving conditions of unemployment in the State of Maryland and in Wash- ington County; (b) encouraging the increase of industry and commerce and the creation of a balanced economy in the State of Maryland and in Washington County; (c) assisting in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland and in Washington County; (d) promoting economic development; and (e) promoting the health, welfare and safety of the residents of the State of Maryland and Washington County. (3) in addition to authorizing the County itself to acquire and expand the Facility and either to lease or to sell the same to the Borrower, the Act authorizes facility financing to be accomplished in the form of a loan by the County to the Borrower. The lr n form of transaction avoids indirect costs and burdens on the County by eliminating any direct involvement by the county in -4- the acquisition, ownership or administration of the Facility while permitting the imposition of ample controls on the use of the proceeds of the Bonds, thus insuring that the public purposes of the Act and the bond transactions are fully accomplished. Because it is in the best interests of the citizens of Washington County to finance the acquisition and expansion of the Facility by a loan to the Borrower, this Resolution contemplates and authorizes a transaction in the form of a loan of the proceeds of the Bonds by the County to the Borrower. Accordingly, this Resolution, togeth- er with the written order to be executed by the President of the Board of County Commissioners of Washington County (the "Board") prior to the issuance, sale and delivery of the Bonds (the "Writ- ten Order"), the Loan Agreement and any other instrument pertain- ing to the issuance, sale or delivery of the Bonds including those instruments approved by the Written Order (such other instruments, together with the Loan Agreement, collectively, the "Bond Docu- ments"), contains, or shall contain, such provisions as the County deems appropriate to effect the financing of the acquisition and expansion by the Borrower of the Facility by the loan form of transaction. (4) NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR GENERAL OBLIGATION OF THE COUNTY OR A CHARGE AGAINST, OR PLEDGE OF THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY, WITHIN THE MEANING OF ANY CONSTITU- TIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION, AND NEITHER SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF THE COUNTY. THE BONDS AND THE INTEREST THEREON SHALL BE LIMITED OBLIGATIONS OF THE COUNTY, REPAYABLE BY THE COUNTY SOLELY FROM THE REVENUES DERIVED FROM LOAN REPAYMENTS (BOTH PRINCIPAL AND INTER- EST) MADE TO THE COUNTY BY THE BORROWER ON ACCOUNT OF THE LOAN AND FROM ANY OTHER MONIES MADE AVAILABLE TO THE COUNTY FOR SUCH PURPOSE. The proceeds of the Bonds, and the payments to be made by the Borrower pursuant to the Loan Agreement, will be paid directly to a trustee or the holders of the Bonds in the event a trustee is not appointed for such purpose to be held and disbursed as shall be approved by the President of the Board in the Written Order. No such monies will be commingled with the County's funds but will be subject only to such limited supervision and checks as are deemed necessary or desirable by the County to insure that the proceeds of the Bonds are used to accomplish the public purposes of the Act and this Resolution. The transactions authorized hereby do not constitute any physical public betterment or im- provement or the acquisition of property for public use or the purchase of equipment for public use. The public purposes ex- pressed in the Act are to be achieved by facilitating the acquisi- tion and expansion of the Facility by the Borrower. (5) The Borrower is or will be a "facility applicant" and a "facility user" as defined in the Act; the Facility to be acquired by the borrower will be ieaso6 t thy Tenant (who'll be -5- a "facility user" as defined in the Act) for household goods moving and storage uses within the purposes permitted by the Act. (6) The public purposes intended to be achieved by the County through the issuance of the Bonds will be achieved upon completion of the construction and acquisition of the Facility resulting in expansion of existing household goods and moving storage facilities in Washington County, Maryland. SECTION 2. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the County hereby approves and is authorized and empowered to issue, sell and deliver, at any time or from time to time, the following series of Bonds to be known as its "Washington County, Maryland, Economic Development Revenue Bond(s) (DIM 'A Game, a Partnership Project)" (provided that such designation may be changed or may contain such other descriptive information as the President of the Board may prescribe in the Written Order) in a principal amount not to exceed $350,000 subject to the provisions of this Resolution. The proceeds of the Bonds will be loaned to the Borrower pursuant to the terms and provisions of the Loan Agreement, to be expended by the Borrower for the sole and exclusive purpose of financing and refinancing the acquisition and expansion of a Facility as speci- fied in the Act (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agree- ment). The security and sources of payment for the Bonds shall be solely and exclusivel; as provided in Section 1 of this Resolu- tion. The authority to issue the Bonds is intended to and shall include the authority to issue revenue refunding bonds. Reference herein to the "Bonds" shall include revenue refunding bonds where appropriate. In the event that any refunding bonds are issued pursuant to this Resolution, the outstanding principal. amount of any "refunded bonds" (as hereinafter defined) shall not be taken into account in determining the aggregate principal amount of the Bonds issued, sold and delivered hereunder. The term "refunded bonds" means any Bonds (i) for the payment of which (both principal and interest) provision has been made from the proceeds (including any earnings on the investment thereof) of Bonds issued pursuant to this Resolution, or (ii) which have been paid from such proceeds, whether such provisions for payment, or such payment is made at or prior to the maturity of such Bonds. SECTION 3. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the President of the Board is hereby authorized, empowered, and directed to accept the Letter of Intent on behalf of the County in order to evidence the intent of the County to issue, sell and deliver the Bonds in accordance with the terms and provisions of this Resolution. This xesoiution iiist-baded to b- shall cone i tut..: wi dance of s w -d -6- the County's intent to issue and deliver the Bonds authorized hereby in accordance with the terms hereof when the Bonds are sold, provided that the County shall have no duty to obtain a purchaser or purchasers therefor and shall incur no pecuniary liability in the event the Bonds are not sold. The County and the Borrower contemplate that the Borrower may proceed with the acquisition and expansion of the Facility prior to the issuance, sale and delivery of the Bonds authorized hereby. SECTION 4. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bonds shall be executed in the name of the County and on its behalf by the President or Vice President of the Board, by his or her manual or facsimile signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other author- ized officer) by his or her manual or facsimile signature. The Bond Documents shall be executed in the name of the County and on its behalf by the President or Vice President of the Board by his or her manual signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other author- ized officer) by his or her manual signature. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds or any of the aforesaid documents shall cease to be such officer before the delivery of the Bonds or any of the other aforesaid documents, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The President of the Board, the Clerk to the Board and other officials of the County are hereby authorized and empowered to do all such acts and things and execute such other documents and certificates as the President of the Board may determine in the Written Order to be necessary to carry out and comply with the provisions hereof. SECTION 5. AND BE IT FURTHER RESOLVED BY THE BOARD OF issuance, sale and delivery of the Bonds, the President of the Board shall execute the Written Order, pursuant to which the President of the Board may (without limitation) specify, pre- scribe, determine, provide for or approve, all within the limita- tions of this Resolution and the Act, all matters, details, forms, documents and procedures pertaining to the sale, security, issu- ance, delivery and payment of or for the Bonds, including (without limitation): (a) the principal amount of the Bonds to be issued at any one time and from time to time, the rate or rates of interest thereon, the date or dates of maturity thereof, provisions for the p aim enr thernnf; nrr_nAyment. sinking fund and redemption provi- -7- sions (if any) thereof, the designation or designations of the Bonds and of any series, and the date or dates of issuance thereof; (b) the form, tenor, terms and conditions of the Bonds, and provisions for the registration and transfer of the Bonds (if any) ; (c) the form and contents of, and provisions for the execution and delivery of, such financing documents as the Presi- dent of the Board shall deem necessary or desirable to evidence, secure or effectuate the Loan and the issuance, sale and delivery of the Bonds, including (without limitation) any loan agreements, notes, mortgages, security agreements, assignments, guarantees, financing agreements or escrow agreements; (d) provision for the payment directly by the Borrower of all expenses of preparing, printing and selling the Bonds, including (without limitation) any and all costs, fees and expenses, incurred by or on behalf of the County in connection with the authorization, issuance, sale and delivery of the Bonds, and all costs incurred in connection with the development of the appropriate legal documents, including fees of counsel to the County, and compensation to any persons (other than full-time employees of the County) or entities performing services for or on behalf of the County in connection therewith and in connection with all other transactions contemplated by this Resolution, whether or not the proposed financing is consummated; (e) the creation of security for the Bonds and provi- sion for the administration of the Bonds, including (without limitation) the appointment of such trustees, escrow agents, payment agents, registrars or other agents as the Board shall deem necessary or desirable to effectuate the transactions authorized hereby; (f) the preparation and distribution, in conjunction with representatives of the Borrower and the prospective purchas- ers of or underwriters for the Bonds of any series, both a prelim- inary and a final official statement, placement memoranda or offering circular in connection with the sale of the Bonds of any series, if such preliminary official statement and final official statement, placement memoranda or offering circular are determined to be necessary or desirable for the sale of the Bonds of such series; (g) the form and contents of, and provisions for the execution and delivery of, a contract or contracts for the pur- chase and sale of the Bonds of any series (or any portion there- of); and ( h) such other matters in a viuir a t c,ii iii u, .a author- -8- ization, issuance, execution, sale, delivery and payment of the Bonds, the security for the Bonds and the Loan, and the consumma- tion of the transactions contemplated by this Resolution as may be deemed appropriate and approved by the President of the Board including (without limitation) establishing procedures for the execution, acknowledgement, sealing and delivery of such other and further agreements, documents, and instruments, and the author- ization of the officials of the County to take any and all ac- tions, as are or may be necessary or appropriate to consummate the transactions contemplated by this Resolution in accordance with the Act and this Resolution. SECTION 6. AND BE IT FURTHER RESOLVED BY THE BOARD COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That a PROVIDES THAT NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR .A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND SHALL NEVER CONSTITUTE OR GIVE RISE TO PECUNIARY LIABILITY OF THE COUNTY. In order to implement Section 266F(e) of the Act stating that the Bonds shall never constitute or give rise to pecuniary liability of the County, the written Order, the Loan Agreement, the Bonds and the Bond Documents may provide that no bondholder mha]7 Innk to this f`rnrnty for damages suffered by such bondholder as a result of the failure of the County to perform any covenant, undertaking or obligation under the Bond Documents, nor as a result of the incorrectness of any representation made by the County in the Bond Documents. Although this Resolution recognizes that the Bond Documents shall not give rise to pecuniary liability of the County, nothing contained in this Resolution or in the Bond Documents shall be construed to preclude in any way any action or proceedings (other than that element in any action or proceeding involving a claim for monetary damages against the County) in any court or before any governmental body, agency or instrumentality, or otherwise against the County or any of its officers or employ- ees to enforce the provisions of any of the Bond Documents. (b) Although the Bond Documents shall provide that the County shall have the right to seek remedies in the event of a default by the Borrower, it is contemplated that the County will assign the performance of obligations to take action to the trustee for the holder(s) of the Bonds or the purchaser or holder of the Bonds, in order to implement the purposes and intent of the Act, namely to facilitate the acquisition and expansion of the Facility by the Borrower without incurring any pecuniary obliga- tion or liability of the County. Accordingly, if a trustee is appointed for such purpose, the trustee shall have the duty to act, whether or not at the direction of bondholders, in all instances in which the trustee for such Bonds may act and deter- mines that action is appropriate. In any case where action by the _v. hold ..t the Bcnd•. trustee for the FsOna6 UL i:%iC �+ui�.atr"abci vi ,aviuci of �•�. .+�••...• -9- requires simultaneous or subsequent action by the County, the County will cooperate with such trustee or the purchaser or holder of the Bonds and take any and all action necessary to effectuate the purposes and intent of the Resolution and the Bond Documents. The performance by the trustee for the Bonds or the purchaser or holder of the Bonds of obligations under any of the Bond Documents permits the identification of all costs arising from the exercise of such obligations. The Bond Documents shall provide that the Borrower shall pay those costs in order to avoid any direct or indirect pecuniary burden on the County. SECTION 7. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That, as permitted y e Act, the Bonds of each series shall be sold at private (nego- tiated) sale and at par, unless the President of the Board deems it to be in the beat interests of the County to sell the Bonds of any series at public sale or by retail sale or above or below par, in which event the Bonds of such series shall be sold in such manner, at such price or prices and upon such terms as shall be determined in the Written Order to be in the best interests of the County. The Bonds of each series shall be sold at such times, on such dates and to such persons, firms or corporations (including, without limitation, banks or other financial institutions) as nh,ll be determined by the President of the Board, with the consent of the Borrower. SECTION 8. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the provisions o this Resolution are severable, and if any provision, sentence, clause, section or part hereof is held illegal, invalid or uncon- stitutional or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Resolution or their application to other persons or circumstances and the remaining provisions shall be construed so as to give practical realization to the public purposes intended to be achieved hereunder and the protection against pecuniary liabil:kty to be afforded to the County. It is hereby declared to be the legislative intent that this Resolution would have been passed if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included herein, and if the person or circumstances to which this Resolution or any part hereof are inapplicable had been specifically exempted herefrom. SECTION 9. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the County re- serves the right to refrain from suing the Bonds hereby author- ized or to postpone such issuance for such time or times as it may determine if it, in its sole discretion, determines (i) that the iv .„ pt e.. c...�, a l l i1 l.CLCbL 1)11 i..I 1DC+iaue Will vi waX a •`. uc ciCc ut+a. +.....• +....... —10- income taxation, or (ii) that the issuance of the Bonds might prevent it from issuing its bonds the interest on which will be exempt from federal income taxation, to finance one or more other facilities at such time or times as it desires to issue such bonds for other facilities. SECTION 10. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That unless such time period shall be limited by other applicable law, in the event that the financing transactions contemplated by this Resolution shall = not have occurred by September 30, 1985, the County's authoriza- tion under this Resolution shall terminate unless otherwise extended by resolution of the Board. SECTION 11. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That this Resolution shall take effect from the date of its adoption. PASSED AND ADOPTED this 9th day of April. , 1985. ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: 4ca S ort one s, res ent Clerk Board of Coun Commissioners of Washington County [SEAL] -11- IiI�, EXHIBIT A LETTER OF INTENT DIM ' A CAME, A GENERAL PARTNERSHIP 500 Industry Drive Airport Industrial Park Hagerstown, Maryland 21740 March 21, 1985 County Commissioners of Washington County c/o Leroy R. Burtner, Director Washington County Economic Development Commission Court House Annex Hagerstown, Maryland 21740 RE: $350,000 Washington County, Maryland, Economic Development Revenue Bonds (DIM 'A Game, a Partnership Project) Ladies and Gentlemen: DIM 'A Game, a Partnership, a Maryland general partnership (the "Borrower"), requests that County Commissioners of Washington County (the "County") participate in the financing of the acquisition and construction of new facilities hereinafter described (the "Facility") to be located in Washington County, Maryland, by authorizing, issuing and selling its economic development revenue bonds in a principal amount not to exceed $350,000 (The "Bonds"), pursuant to Sections 266A through 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume) as amended (the "Act"). It is intended that this letter, if accepted by the County, shall constitute a "letter of intent" as contemplated by Section 266A(h) of the Act. It is proposed that the County loan the proceeds of the Bonds (the 'Loan") to the Borrower pursuant to the terms and provisions of a loan or similar agreement to be entered into by the County and the Borrower (the "Loan Agreement"). The Loan Agreement will require the Borrower to use the proceeds of the Loan for the sole and exclusive purpose of financing - is t1on and cnet__ctio_n. of tho rmnility by the tha ac y'u aoa.. i...,, ^ Borrower as generallydescribedherein and the payment of the costs of preparing and selling the Bonds and other costs as County Commissioners of Washington County March 21, 1985 permitted by the Act. The Facility will be leased by the Borrower to Ross Transfer & Storage, Inc. (the "Tenant"), for use in its business of household goods moving and storage. The Bonds shall be repayable by the County solely from the revenue derived from loan repayments (both principal and interest) made to the County by the Borrower pursuant to the terms and provisions of the Loan Agreement and from any other monies made available to the County for such purpose. The Borrower is a "facility appplicant" and "facility user" and the Tenant is a "facility user" (as mentioned in Section 266A(h) and (i) of the Act). The Loan Agreement will require the Borrower to make Loan payments (both principal and interest) sufficient to pay (a) the principal of, and interest and redemption premium, if any, on, the Bonds, and (b) all expenses incurred by the County in connection with the issuance and sale of the Bonds and the making and administration of the Loan, as the same become due and payable. The Borrower agrees that all costs of acquiring and constructing the Facility in excess of the proceeds of the Loan will be paid by the Borrower. The Loan Agreement will contain such other provisions as may be required by law and as may be agreed to by the Borrower, the County, and the purchaser(s) of the Bonds, as permitted by law. The Facility, which is a "facility" as defined in the Act, will consist generally of (i) an addition (the "Addition") to be added to the Borrower's existing building (the "Existing Building") located on approximately 3.551 acres of land known as 500 Industry Drive, Airport Industrial Park, Hagerstown, Washington County, Maryland, which Addition will contain approximately 13,000 square feet of space (the Addition and the Existing Building, together the "Building"); (ii) equipment for the Building (the "Equipment"); and (iii) any other improvements or interests in land necessary or desirable for operation of the Building, together with roads or other rights of access, utilities, and other facilities necessary to the acquisition,, construction and operation of the Facility. County Commissioners of Washington County March 21, 1985 It is expected that within the first five years of operation, the Facility will provide employment for approximately 10 more people than are employed by the Tenant at its present location. The acquistion and expansion of the Facility will promote the declared legislative purposes of the Act by (a) creating jobs and thus relieving conditions of unemployment in the State of Maryland (the "State") and in Washington County, (b) encouraging the increase of industry and commerce and the creation of a balanced economy in the State and in Washington County, (c) assisting in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State and in Washington County, (d) promoting economic development, and (e) generally promoting the health, welfare and safety of the residents of the State and Washington County. Financial considerations have been a factor leading to the Borrower's decision to acquire and expand the Facility and its decision has been influenced materially by the availability of economic development revenue bond financing. It is expressly understood and agreed that (a) the County will not incur any liability, direct or indirect, or any cost, direct or indirect, in connection with the issuance and sale of the Bonds, the making of the Loan or the rehabilitation, modernization and construction of the Facility, and (b) the Facility will be acquired and expand so as to conform to the requirements of the Borrower. Accordingly, the Borrower. will (a) select, supervise and work with the suppliers and contractors and will provide, construct, and equip the Facility, and negotiate and approve all contracts, construction plans, drawings, specifications, and all financing arrangements in connection with the acquisition and construction of the Facility, and (b) pay all costs incurred by, or on behalf of, the County in connection with the issuance, sale, delivery and administration of the Bonds, the making of the Loan, including the administration thereof, and in connection with the acquisition and conetr cacti on of the Frni l � tr incl �udting ( wi th`�ut 1 im<*.,f i ..n ) l , ' . County Commissioners of Washington County March 21, 1985 all costs incurred in connection with the development of the appropriate legal documents necessary to effectuate the proposed financing and acquisition, including (without limitation) the fees of bond counsel to the County and compensation to any other person (other than full time employees of the County) performing services by or on behalf of the County in connection with the transactions contemplated by this letter of intent whether or not the proposed financing is consummated. It is further understood and agreed to by the Borrower that the proposal contained herein is subject to (a) a public hearing to be held by the County pursuant to at least fourteen (14) days notice in a newspaper of general circulation in Washington County, (b) the approval of, and appropriate action by the Board of County Commissioners of Washington County which action includes, but is not limited to, passage by the County of a resolution implementing the financing of the project described herein and approving the Bonds (the "Resolution"), and either the passage of a final administrative resolution or the execution of a written order as will be provided for in the Resolution, and (c) the approval of detailed provisions of all documents pertaining to the financing as yet to be developed. The acceptance of this letter by the County shall constitute evidence of the present intent of the County to authorize the issuance, sale and delivery of the Bonds and to authorize the Loan for the purposes described herein subject to the conditions described herein; provided, however, that the Borrower recognizes that: 1. The County cannot make any guaranty, promise or assurance that the terms and conditions (including, but not limited to, the principal amount of the Bonds to be issued, the rate or rates of interest the Bonds are to bear, the times that the interest on the Bonds is to he paid, the redemption provisions for the Bonds, the time the Bonds are to be executed, issued and delivered and their form, tenor and denomination) of the Bonds as actually authorized to be issued, will be acceptable to the Borrower; County Commissioners of Washington County March 21, 1985 2. The County can give no guaranty, promise or assurance as to the availability of ready, willing and able purchasers of the Bonds; and 3. The County reserves the right to refrain from issuing the Bonds hereby authorized or to postpone such issuance for such time or times as it may determine if it, in its sole discretion, determines (i) that the interest on such Bonds will or may not be exempt from federal income taxation, or (ii) that the issuance of such Bonds might prevent it from issuing its bonds, the interest on which will be exempt from federal income taxation, to finance one or more other facilities at such time or times as it desires to issue such bonds for other facilities. The County's adoption of the Resolution and its acceptance of this letter of intent are intended solely to implement the financing of the project described herein by enabling the issuance and sale by the County of the Bonds. Neither the acceptance of this letter of intent nor the adoption of the Resolution will constitute any assurance by the County to any prospective purchasers of the Bonds that (i) the Borrower will have the ability to repay the Loan, (ii) the Facility will be feasible economically or otherwise, (iii) the Facility will be completed, or (iv) the Facility will be in compliance with applicable County, State or Federal laws. The Borrower agrees to use its best efforts to complete the financing contemplated hereunder and to expand the Facility. It is also understood and agreed that the County reserves the right to withdraw the authorization set forth in the Resolution and this letter of intent should either the Facility or such authorization prove to be in violation of the County, State or Federal laws applicable to the Facility or such authorization unless appropriate steps are taken by the Borrower to alter the Facility or otherwise, to bring the proposed Facility or financing into compliance with such a WC County Commissioners of Washington County March 21, 1985 The Borrower intends that the interest payable on the Bonds shall be exempt from federal income taxation pursuant to Section 103(b) of the Internal Revenue Code of 1954, as amended. The Borrower acknowledges that certain legislation has been adopted which, among other things, may adversely affect the exemption from federal income taxation with respect to the interest payable on the Bonds, limit the use which may be made of the proceeds of the Bonds, or limit by a volume cap the ability of the County to issue bonds or other obligations, the interest payable on which is to be exempt from federal income taxation. The BorroweL agrees that it will provide all certifications (including opinions of its counsel) required by bond counsel to the County in order to establish that interest on the Bonds will be exempt from Federal income taxation (including certifications enabling the County to certify that the Bonds are not arbitrage bonds). Neither the Bonds, nor any interest thereon, shall ever constitute an indebtedness or a charge against the general credit or taxing powers of the County, within the meaning of any constitutional or charter provisions or statutory limitation, and neither shall ever constitute or give rise to any pecuniary liability of the County. In the event that the financing transactions cont p by this letter of intent shall not have occurred by 3 6 , 1985 (or such shorter period if requi ed by applicable law), the County's authorization under this letter of intent shall terminate. Very truly yours, DIM 'A G me, a Partnership BY: Fear an itaker, Gen�rall rt er BY: I/ Lyni W ick, General Partner c,.r�croP THC HERALD -MAIL CUMPAN�Y Rage sloscn, did , L ^.1 / Jy �I $i to hrrrhp (Lrrtilirb. That the al:nexrd odserti crit, 1 has brtrl pub. !Ished in THE It DART NAl4 / r blo"y!(Ind, on j C(,c-,. d- _ J THE 1/ERA -J11A1! C2 st, r r,T .- OF WASHING ON CIOUNTY Caurltlouoi HOotratown. MD llte'. 17011 71(•3000 PUBLIC NOTICE NOIIc. Is h.rtby given that o n April 9.blic 1 OSS tv County Commis - 410110,4 Of of Walhml9l0n County at 11:00 O.m, in the Cammi,sloners Meeting Room. Court Houu. Hogersloon. Maryland, to per - Intl Onv resid.N of Washington County to appear and testily can - Corning the 000001e0 Issuance lot on. time or from limit to tint and late of Washington Ccuniv. Maryland economic development rev.nve bolds in a from itw two of •used mionc, FACILITY The 1ocilly consists generally of an oddittan conkifie i7A40 wfare lea/ el as 1100n. and realty snot. to fa 09041 is an aelslgN lacilnv. gwtonanl far the addilan, ofd any other kswown».Ma Sr HN.rests in and necwagry or dmllroVe for 111 avaratan at n1. oddnlon 0110 111. .,14111. bWW1n. LOCATION TN. facility wltl N 10031.0 an opuroctnwwv 9.061 acts M fund known In 393 Sndlasfty Orly.. M 114 AIrpOrt hlde,Mlel fork. HOW$* **Ihkwlen Co lay. INITIAL OWNER Of FACILITY. D IM'A Ooo . A Parllnsr/1ie . FACILITY The fuNIlM MR be Is04.0 a ('e4$ TranaNr 6 Shea, Inc. Writs., comments on lM above I Issuance M band. may be a.nt a County Isst.fwfe at Wools. kwon COunty, Court House 1 rsleeM. Morrand 21740 170 ) 791,1010, AINMan: County i AdfmkMslrotor. BYAUT14ORITYOF I BOARD OF COUNTY COINMISSIONe R6 OF WA SNINOTONCOUNTY. MARYLAND Katlayn P. Short. Clerk EXHIBIT B CERTIFICATION OF PUBLICATION County Commissioners of Washington County March 21, 1985 Accepted thiaQ4&� day of X, 1 , 1985, pursuant to a Resolution passed by the County Commissiners of Washington County on ,pr..I q , 1985, by the President of the Board of County Commissioners of Washington County. ATTEST: COUNTY COMMISSIONERS OF WASHINGTON COUNTY a ort, er c 7 BY: - •Rona d L. Bow s,Presi ent = Board of Coun Commissioners of Washington County April 16, 1985 Hagerstown, Maryland 21740 I I I 1 I The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Rowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invacat on was delivered by Rev. Gregory Martin, Zion Lutheran Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. OFFER TO ASSIST WITH AIRPORT DEVELOPMENT Lester E. Sprecher, Chairman of Experimental Aircraft Association, Inc., appeared before the Commissioners to offer the Association's cooperation and assistance with the promotion and development of the County Airport. The Commissioners expressed their appreciation for the interest and advised Mr. Sprecher to submit their proposals through the Airport Manager to the Airport Authority. CONTRIBUTION REQUEST - MARYLAND SYMPHONY ORCHESTRA Bob Kinney, Vice -President of the Board of Directors of the Maryland Symphony Orchestra, along with Board Members, appeared before the Commissioners to inform them of the new programs they hoped to offer during the 1985-86 season, and to request a County contribution of $15,000 to fund the youth concert project. They said that, since these concerts will be free, they probably would not be able to carry through with the plans unless they can obtain outside funding. The Commissioners took the request under advisement at this time. REZONING CASE RZ-302 After due consideration of all the matters and facts adduced at the Public Hearing held on March 11, 1985, the comments submitted in writing within the ten (10) day period following said date, and the recommendations submitted by the Planning Commission, a MOTION was made by Commissioner Salvatore, seconded by Snook and unanimously adopted to APPROVE of the application of Paramount Feed & Supply, Inc. for the reclassification of land located on the north and south side of West Longmeadow Road and along the east side of the Chessie Railroad consisting of (#1) 11.11 acres on the south side of West Longmeadow Road and (N2) 1.50 acres on the north side of West Longmeadow Road from (tl) Residential, Suburban (RS) and (A2) Residential, Rural (RR) to Industrial, General (IG), subject to the following conditions: that the 11.11 acres on the south side of Longmeadow Road be used only to construct a building, no larger than 60 x 100 x 12, with the remainder of this site to be used only for vehicle parking and outside storage related to the business of the Applicant; with a further requirement that the Applicant either donate an acre of ground adjacent to the Baptist Church or establish an appropriate buffer between the rezoned land and the Church property; and with the further restriction that the use of the 1.50 acres on the north side of Longmeadow Road be restricted to a truck turn around and parking area, with this decision based on there being a mistake in the original zoning. LOAN TO HANCOCK FIRE COMPANY Mot on made by Commissioner Snook, seconded by Salvatore to lend the Hancock Fire Company $75,000 from the Fire & Rescue Revolving Loan Fund, towards the cost of purchasing a new pumper truck. Unanimously approved. (Motion Reconsidered later during Morning Session.) MOSQUITO CONTROL - SPRING VALLEY AND FUNKSTOWN Moon made by Commissioner Downey, seconded by Salvatore to approve of the community of Spring Valley and the Town of Funkstown participating in Maryland Mosquito control work at no cost t.o the County. Unanimously approved. LINE ITEM TRANSFERS/ADDITIONAL ALLOCATION - BUILDINGS & GROUNDS Motion made by Commissioner Roulette, seconded by Salvatore to approve of the following Line Item Transfere,Additional. Allocation in the Buildings and Grounds Budgets: Court House - 87,300 from Building Maintenance (31-441-000) to HVAC $300, Electrical $4,000, Carpentry $3,000; County Office Building - $1,500 from Building Maintenance (34-441-000) to Electrical $1,000, Carpentry $500; Dwyer Center •• $400 from Building Maintenance (35-441-•000) to Carpentry $400; Martin Luther King Center - $2,413 from Building Maintenance (33-441-000) to Carpentry $1,753, Electrical $650, Additional allocation tot, Electrical $500, Additional allocation for Caei,�niey $i,00. unanimously approved. APRIL 16, 1985 MINUTES, CONT'D. CONVENE IN EXECUTIVE SESSION Mot on made by Commissioner Downey, seconded by Roulette to convene in Executive Session at 10:30 a.m. in regard to litigation and personnel matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Notion ma6e by Commissioner Salvatore, seconded by Roulette to reconvene in Regular Session at 11:00 a.m. Unanimously approved. BID OPENING — TRASH REMOVAL Bids for Trash Removal at County Buildings were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Sanitary Disposal - $3,617, Community Refuse Ltd. - $4,900. The bids will he reviewed by appropriate officials prior to a decision being rendered. BID OPENING - HVAC ATC MAINTENANCE Biwa for tie HVAC ATC Maintenance Contract were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Robert F. Ziegler, Inc. - $28,485, Johnson Controls, Inc. - $31,900. The bids will he reviewed by appropriate officials prior to a decision being rendered. BID OPENING - ROOFING MAINTENANCE Bids for the County Buildings Roofing Maintenance Contract were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Bonded Applicators of Maryland - Inspection services , $4,300, labor rates of 518.00 and $16.00 per hour and 16% plus cost for materials; Kline Associated Roofing Contractors - Inspection services - $1.00 per each building; labor rates of $16.00, $12.00 and $8.00 per hour and 30% above cost for materials. The bids will be reviewed by appropriate officials prior to a decision being rendered. RECONSIDER MOTION - LOAN TO HANCOCK FIRE COMPANY Mot on made by Commissioner Sa vatore, seconded by Snook to Reconsider the Motion to lend the Hancock Volunteer Fire Company 875,000 from the Fire & Rescue Loan Fund. Unanimously approved. LOAN TO HANCOCK FIRE COMPANY Mot on ma e y Comm stoner Salvatore, seconded by Snook to accept the recommendation of the Fire & Rescue Loan Committee and lend the Hancock Volunteer Fire Company $50,000 from the Revolving Loan Fund, towards the cost of purchasing a new pumper truck. Unanimously approved. REVENUE PROJECTIONS FOR FY 1986 Jim Young, Director o F nance, met with the Commissioners to review the projected revenues for Fiscal Year 1986 as compared to the budgetary requests. He said that additional revenues will be about 52,000,000 more next year than the current $52.8 million with budget requests totalling an additional $9.1 million. He said that to keep the current tax rate of $2.05, requests will have to be reduced by $7.1 million. The Commissioners took the information under advisement at this time. JUVENILE COURT ALCOHOL INTERVENTION PROJECT Motion made by Commissioner Roulette, seconded by Salvatore to endorse the Juvenile Court's Alcohol/Delinquency Intervention Project and application to the Maryland Juvenile Justice Anvtsory councii for a gLarri ,f $13,682. Unoniocuoly approved_ RECESS T�Fe Meeting was recessed at 11:45 a.m. for the annual luncheon meeting with the Board of Trustees of the Washington County Free Library. AFTERNOON SESSION T e Afternoon Session was convened at 2:00 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. CONVENE IN EXECUTIVE SESSION Motion made by lommtsgiunnr iuu e�tia, ;r. . dcd by Doo;uc, to cc.^..•ens in RvAruhtivH Session at 2:00 p.m. in regard to litigation and personnel matters, pursuant to the authority contained in Article 76(A), Section 1)(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. I,I APRIL 16, 1985 MINUTES, CONTD. RECONVENE IN REGULAR SESSION AND RECESS Motion made by Comm ss oner Downey, seconded by Snook to reconvene in Regular Session at 4:25 p.m. and recess until 7:00 p.m. Unanimously approved. I I I ■ EVENING SESSION The Evening g Session was convened at 7:00 p.m. at Western Heights Middle School with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore, and Snook present. BUDGET HEARING Dr. Claud Kitchens, Superintendent of Schools, Wayne Stouffer, Finance Manager, and members of the Board of Education submitted the Board's FY 1986 Budget Request in the amount of $28,643,580 county funds out of a $50,960,411 total budget. It was stated that this amount represented a 6% or $1.6 million increase over the current budget and included a 7% salary increase for all three salary groups. Board of Education members supported the budget requests, as did representatives of P.A.C.E., members of the Budget Review Committee, League of Women Voters and Washington County Teachers Association representatives who were in attendance. The Commissioners commended the Board members and staff on the budget preparation and presentation. ADJOUR$NENT Motion made by Commissioner Salvatore, seconded by Snook to adjourn at 8:30 p.m. Unanimously approved. C ty A o eyi Clerk April 23, 1985 Hagerstown, Maryland 21740 I I I I The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Rev. John Diehl, St. John's Episcopa]. Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION - PRIVATE PROPERTY WEEK Motion made by Commissioner Downey, seconded by Salvatore to Proclaim the week of April 28 - May 4, 1985 as Private Property Week in Washington County, urging all citizens to join with the Greater Hagerstown Board of Realtors in celebrating its 77th year of continuous service to America's property owners. Unanimously approved. Commissioner Bowers read the Proclamation and presented a copy to representatives of the Hagerstown Board of Realtors. HANDICAPPED REQUIREMENTS FOR REVENUE SHARING ELIGIBILITY Cindy Mease, Disabled Citizens Co�nator, along with Al Davis, Personnel Director, appeared before the Commissioners to submit a report from the Revenue Sharing Committee on the self -evaluation of county departments relative to improving services to the handicapped. Ms. Mease said that recommendations made by the Committee must be in effect by October 1986 or the county will risk losing federal revenue sharing funds. She also reported on the current status of the recommendations, stating that many are already being put into effect by the use of the TTY system, and programmatic changes by the Accounting, Permits & Inspections and Parks Departments. BLOCK GRANT APPLICATION - SHARPSBURG/KEEDYSVILLE SEWER PROJECT Motion made by Commissioner Salvatore, seconded by Roulette to approve of the application to the U. S. Department of Housing & Urban Development for a block grant in the amount of $500,000 for the Sharpsburg/Keedysville Sanitary District Sewer Construction Project. Unanimously approved. AWARD OF MERIT - DETENTION CENTER BARRIER FREE DESIGN Captain Carrol Keller of the Sheriff's Department, appeared before the Commissioners to present them with an award from the Maryland Governor's Committee on Employment of the Handicapped on the barrier free design of the new County Detention Center. The Commissioners gratefully accepted the award. FRAIL ELDERLY PROJECT FUNDING REQUEST Delegate Peter Callas, along with chard Willson, Housing Officer, and members of the Ad Hoc Committee on the Frail Elderly Housing Project, met with the Commissioners to inform them Governor. Hughes did not include an expansion of the frail elderly funding package in the FY 1986 State budget, and to request the County to commit up to S12,000 per year for the three-year demonstration period in case funding is not available from alternative sources. They reported that the project has otherwise been progressing smoothly with start up of operations projected for April 1986. The Commissioners took the matter under advisement at this time. REVENUE SHARING TRANSFERS Mot own made by Commissioner Roulette, seconded by Salvatore to approve of the following Revenue Sharing transfers to cover eligible expenditures for the period January i Through march si, 1995: General runci - $100,LUc.6i, Airport - $12,302.58, Highway - $131,018.79, Capital Projects - $14,969. Unanimously approved. MOSQUITO CONTROL WORK — MT. AETNA SDA CAMP Motion made by Commissioner Downey, seconded by Roulette to approve of the Maryland Department of Agriculture performing mosquito control work at the Mt. Aetna Seventh Day Adventists Camp, with the community paying the local cost of $150.00, Unanimously approved. LINE ITE14 TRANSFERS -• EXTENSION SERVICE --r---- -- •----r— --- - h e ., s.. i�iutwn umuc, uy �uumundwntii 001VO%AJLo, 0W..' :...>. ;'y ., dyji". .. of $1,425 in the Extension Service BudgetfromSalaries ^(93-494-940)Jto the following: 8650 for typewriter, $600 for sound system, S85 for calculator and $90 to repair tape recorder. Unanimously approved. MINUTES OF MEETING OP MARCH 26, 1985 Mot.nn made by Co— mm�9� oner [kTwnoy, seconded by Roulette to approve of the Minutes of the County Commissioners meeting of March 26, 1985, as submitted. Unanimously approved. APRIL 23, 1985 MINUTES, CONT'D. GYPSY MOTE SUPPRESSION PROGRAM Motion made by Commissioner Salvatore, seconded by Roulette to allocate $25,000 for the Gypsy Moth Suppressicn Program in Washington County for FY 1986. Unanimously approved. CONSULTANT SELECTION - BRIDGE REPAIR PROGRAM Motion made by Commissioner Downey, seconded by Roulette to accept the recommendation of the County Coordinating Committee and select the firm of Kennedy, Porter and Associates to provide consultant services for the 1985 Bridge Repair Program for a fee of $7,992 plus $4200 for inspections. Unanimously approved. AWARD CONTRACTS — HVAC/ATC, TRASH REMOVAL, ROOFING Motion made by Commissioner Roulette, seconded by Salvatore to award the following contracts to the firms submitting low bids: HVAC/ATC to Robert F. Zeigler, Inc. who submitted the base bid of $28,485; TRASH REMOVAL to Sanitary Disposal, Inc. who submitted a bid of $3,617; ROOFING MAINTENANCE to Kline Associated Roofing Contractors who submitted a bid of $11.00 for bi-annual inspections and hourly rates of $16.00 and $8.00. Unanimously approved. BID OPENING - FLEET VEHICLES Bids for Washington County Fleet Vehicles were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: HOFFMAN CHEVROLET - four 1/2 ton pick-ups (diesel) $10,383 per unit, $41,536 total; I tan chassis & cab $11,746, utility body $2,988, total $14,734; two compact pick-ups, $7,342 per unit, $14,684 total; two 1/2 ton 4 -wheel drive pick ups, S9,313, total $18,626, alternate 2 -wheel drive pick-ups, $7,802 per unit $15,608 total; two 1/2 ton pick-ups, six cylinder, $8,861 per unit, $16,322 total; one suburban $12,412; one 3/4 ton van $12,382, alternate (diesel) S13,785; two 3 -door hatch back sub- compacts, $6,136 per unit, $12,272 total. KEYSTONE FORD - 1 ton chassis & cab with utility body $14,108.06; 15 passenger wagon $14,666.17, 3/4 ton van $12,420.48, alternate (diesel) $14,395.22, two 1/2 ton pick-ups (six cylinder) $8,054 per unit, $16,109.04 total; two compact pick-ups $7,235.35 per unit, $14,470.70 total; two 4 - wheel drive pick-ups $9,181.46 per unit, $18,362.92 total, alternate 2 -wheel drive, $9,653.63, total $19,307.26. C. EARL BROWN - four (4) 1/2 ton pick-ups (diesel) $7,745 per unit, $31,380 total; 1 ton chassis & cab, $11,405, utility body, 52,988, total $14,393; two compact pick-ups, $7,392 per unit, $18,676 total; two 1/2 tone 4 -wheel drive pick-ups, $9,338 per unit, $18,676 total, alternate 2 -wheel drive, $7,835 per unit, $15,670 total; 1 suburban $12,294; 1 3/4 ton van $11,632, alternate $13,140; two sub -compacts $9,025 per unit, $18,050 total; two 1/2 ton pick-ups $8,203 per unit, $16,406 total. MARTIN TRUCKING CORP. - four (4) 1/2 ton pick-ups (diesel) $10,192 per unit, $40,768 total; 1 ton chassis & cab $11,500, utility body $2,988, total $14,488; 2 compact pick-ups $7,168 per unit, $14,336 total; two 1/2 ton pick-ups 4 -wheel drive $9,133 per unit, $18,266 total, alternate 2 -wheel drive $7,618 per unit, $15,236 total; 1 suburban $12,166; 1 3/4 ton van $13,861; two 1/2 ton pick-ups $8,017 per unit, $16,034. MASSEY FORD - 1 ton chassis & cab $12,520, utility body 52,988, total $15,508; two compact pick-ups $6,566 per unit, $13,133 total; two 4 -wheel drive pick-ups $9,085 per unit, $18,170 total, alternate 2 -wheel drive $7,605 per unit, $15,210 total; 15 passenger wagon $14,642; 1 3/4 ton van $12,328; two sub -compacts $6,388 per unit, $1.2,776 total; two 1/2 ton pick-ups $7,959 per unit, $15,918 total. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - CONCESSION PRIVILEGES AT PEN MAR PARK Bids for Concession Stand Privi]eges at Pen Mar Park were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Blue Ridge Ambulance & Rescue Association - 10% of gross; Charles A. Bur.ker, Jr. 2% of gross. The bids will be reviewed by appropriate officials prior to a decision being rendered. REQUEST ENVIRONMENTAL IMPACT REPORT ON POWER PLANT SITE Motion made by Commissioner Roulette, seconded by Snook to request a report from the Department of Natural Resources on the environmental impact of siting a power plant in Washington County. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motionade >y Comm ass oner Salvatore, seconded by Snook to convene in Executive Session at 11:30 a.m, in regard to personnel matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVEiiE IN REGULAR SESSION AND RECESS Motion made by Come ss oner Bowers, seconded by Salvatore to reconvene in Kegular Session at 12:15 p.m. for lunch and field inspections. AFTERNOON SESSION TTie-ATernoon Session was convened at 2:30 p.m. with President. Rowers presiding and Vice President R.,ulette and Commissioners Downey. Salvatore. and Snook present. APRIL 23, 1985 MINUTES, CONT'D. I Li] 1 II PROCLAMATION - GET HUNGRY WEEK Motion made by Commissioner Salvatore, seconded by Snook to Proclaim the week of April 26-28, 1985 as Get Hungry Week in Washington County and urge all citizens to participate in this planned famine on a voluntary 40 -hour basis in able to identify with those who are starving and to raise funds to help meet the ongoing crisis in Africa. Unanimously approved. PROMOTION TO PURCHASING DEPARTMENT Motion made by Commissioner Downey, seconded by Snook to approve of the promotion of Karen Luther to the Purchasing Department in the position of Administrative Secretary to fill an existing vacancy. Unanimously approved. ADDITIONAL ALLOCATION TO PLANNING DEPARTMENT Motion made by Commissioner Downey, seconded by Snook to allocate an additional $1600 to the Planning Department to be used towards the purchase of computer equipment, with this amount to be appropriated from Operating Contingency. Unanimously approved. BUDGET REVIEW WORKSHOP Between the hours of 2:35 p.m. and 4:35 p.m. the Commissioners met with the County Administrator and the Director of Finance in budget review workshop session. ADJOURNMEWT Motiono� by Commissioner Snook, seconded by Roulette to adjourn at 4:35 p.m. Unanimously approved. Co y Att rney April 30, 1985 Hagerstown, Maryland 21740 I I I Li The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice -President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full Assemblage. LAW DAY U.S.A. PROCLAMATION Will am Young, President of the Washington County Bar Association, appeared before the Commissioners to request a resolution to proclaim Law Day U.S.A. on May 1, 1985. MOTION made by Commissioner Snook, seconded by Roulette to proclaim May 1, 1985 as Law Day U.S.A. Unanimously approved. PROCLAMATION - GOODWILL WEEK Motion made by Commissioner Downey, seconded by Salvatore to proclaim May 5-11, 1985 as Goodwill Week in Washington County. Unanimously approved. The proclamation was presented to Craig MacLean, Director of Goodwill Industries of Washington County. PROCLAMATION - NATIONAL NURSES' DAY Motion made by Commissioner Roulette, seconded by Snook to proclaim May 6, 1985 as National Nurses' Day. Unanimously approved. Commissioner Salvatore read the proclamation and presented it to Helen Bissett, President of District B, Maryland Nurses' Association and Dawn Steiner, President of the Hagerstown Junior College Association of Nurses. FRAIL ELDERLY HOUSING PROJECT Motion made by Commissioner Roulette, seconded by Snook to provide up to $23,000 in additional financial support from the Fiscal Year 1986 budget for the Frail Elderly Housing Project. Unanimously approved. BID AWARD - CONCESSION PRIVILEGES - PEN MAR Motion made by Commissioner Downey, seconded by Roulette to award the concession privileges at Pen Mar County Park to the high bidder, Blue Ridge Ambulance & Rescue Company, for 10% of gross sales. Unanimously approved. APPROVAL OF MINUTES - APRIL 2 AND 4, 1985 Motion made by Commissioner Salvatore, seconded by Roulette to approve of the minutes of the County Commissioners' Meetings for April 2 and 4, 1985, as submitted. Unanimously approved. OPTION FOR EASEMENT - SANITARY DISTRICT MotMot o�T n made by Commissioner Downey, seconded by Salvatore to give the Washington County Sanitary District an Option for Easement for the area which the County owns at Ft. Ritchie Road and Buena Vista Road, in relation to the Highfield Water Project. Unanimously approved. ACCEPTANCE OF MAR -ROCK DRIVE Mot oe n made by Commissioner Roulette, seconded by Salvatore to conditionally accept into the County Roads system, Mar -Rock Drive located within Section A of the Rocky Spring Acres subdivision, south of Funkstown, for a one-year period as recommended by the Engineering Department. Unanimously approved. APPLICATION •- KEEDYSVILLE SENIOR CITIZENS/COMMUNITY CENTER Motion made by Commissioner Roulette, seconded by Snook to aeLVe as the applicant on the Commission on Aging's request for State funding in the amount of $200,000 for the Keedysville Senior Citizens/Community Center. Unanimously approved. VEHICLE BIDS Alter discunsion, the Commissioners decided to defer the award of vehicle bids until May 7, at which time all bids for vehicles will be prioritized and awarded. DITTO FARMS INFRASTRUCTURE Jack Hawbaker, Executive Director of the County Planning Commission, Glenn Dull, County Engineer, Steve Spalding, City Councilman, Merle Saville, City Engineer and Rick r, Kautz, City Planning Director, met wilt, ti;o Co ,isa;..ry tc diocese the infrastructure requirements for development of. the Ditto Farms Park and the surrounding area. The Commissioners thanked those involved for their effort in developing this information. APRIL 30, 1985 MINUTES CONT'D. PRESENTATION OF WORKERS' COMPENSATION REFUND CHECK Alan Davis, County Insurance Administrator, Edward Cochran, local insurance agent, and Mike Mahoney representing Aetna Casualty and Surety Company, appeared before the County Commissioners to present them with a check in the amount of $45,466 representing the refund for the Workers Compensation premium based on the supererior loss record during the 1983-84 policy year. The Commissioners were commended for the County's excellent record. PROPERTY CONVEYANCE - HANCOCK A proposal from the owner of Londontowne Manufacturing Company retail outlet in Hancock to purchase a parcel of County -owned land adjacent to their existing property was discussed by the Commissioners. The Commissioners agreed to have the property appraised after which time they will advertise their intention to sell the land. DITTO FARMS LEASE The Commissioners considered a request from two landowners to lease that section of Ditto Farms, a total of between 15-20 acres, which is planted in alfalfa on a per - cutting basis, at a rate of $30 for the first cutting and $20 for each additional cutting until the County has need of this property. POWER PLANT SITE PROPOSAL After discussing the current status of this proposal, and in acknowledgement of the concensus of a number of County residents, the Commissioners decided to determine the date by which a recommendation on site selection is to be made, so that an extension of this time period could be requested of the State, if necessary to provide adequate time for the issue to be thoroughly evaluated. BID OPENING - JANITORIAL SERVICES Bids for Janitorial Services for Blue Mountain Estates and Parkview Knoll were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: QUALITY CLEAN - total monthly base bid - $4,359, on - call services for Blue Mounta.n�$35/unit and Parkview Knoll $35/unit; CUMBERLAND VALLEY SERVICES - total monthly base bid - $3,480, on -call services for Blue Mountain Estates $30/unit and Parkview Knoll $30/unit; SERVICE MASTER - total monthly base bid - $3,053, on -call services for Blue Mountain Estates $63 unit and Parkview Knoll $63/unit; TRI-STATE CLEANING SERVICE - total monthly base bid - $3,795, on -call services for Blue Mountain Estates $75/unit and Parkview Knoll $75/unit; ABACUS CORPORATION - total monthly base bid - 54,150, on -call services for Blue Mountain Estates $49/unit and Parkview Knoll $49/unit; JEM JANITORIAL SERVICE - total monthly base bid - $3,416.67, on -call services for Blue Mountain Estates S30/unit and Parkview Knoll $30/unit; HAGERSTOWN GOODWILL INDUSTRIES - total monthly base bid - $4,339.79, on -call services for Blue Mountain Estates $80/unit and Parkview Knoll $80/unit. The bids will be reviewed by appropriate officials prior to a decision being rendered. CONVENE IN EXECUTIVE SESSION of on ma a by Commissioner Downey, seconded by Roulette to convene in Executive Session at 11:10 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Salvatore to reconvene in Regular Session at 11:30 a.m. Unanimously approved. DEDICATION OF LITTLE HEIBKELL SIDEWALK EMBLEM The dedication of the LT the He ske.11 S dewalk Emblem in front of the County Court House was made by John Sytch of the Make America Better Committee of the Hagerstown -Washington County Board of Realtors to the County Commissioners and to the Mayor and Council of the City of Hagerstown. BUDGET REVIEW AND WORKSHOP The Commissioners hefudget review and workshop session on the Fiscal Year 1985/86 budgets. RECONVENE IN EXECUTIVE SESSION Mot on made by Comm ss onor Roulette, seconded by Salvatore to reconvene in Executive Session at 2:40 p.m. In regard to personnel matters pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. I I I LI APRIL 30, 1985 MINUTES, C0NT'D. RECONVENE IN REGULAR SESSION Mot on made by Commissioner Snook seconded by Salvatore to reconvene in Regular Session at. 4:45 p.m. Unanimously approved. DISCOUNT FOR JULY PAYMENT OF TAXES Motion made by Commissioner Salvatore, seconded by Snook to proceed with necessary documents, and public hearing if required, to reduce the discount for July payment of property tax from 2% to 1% effective July 1, 1985. Unanimously approved. SUMMER PLAYGROUND Motion made by Commissioner Salvatore, seconded by Roulette to hire temporary summer playground employees as recommended by the City/County Recreation Commission. Unanimously approved. ADJOURNMENT Motion made by Commissioner Salvatore, seconded by Downey to adjourn at 5:00 p.m. Unanimously approved. I LI May 7, 1985 Hagerstown, Maryland 21740 I L-7 El I I The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and John R. Salvatore. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION - CIVIL AIR PATROL WEEK Motion made by Commissioner Roulette, seconded by Downey to proclaim the week of May 13-19, 1985, as Civil Air Patrol Week in Washington County, urging all citizens to support the efforts of the local squadron and participate in the events planned for this commemoration. Unanimously approved. Commissioner Roulette read the Proclamation and presented a copy to Lt. Ron Ford, CAP Week Chairman. PROCLAMATION - SPECIAL OLYMPICS WEEK Motion made by Commissioner Downey, seconded by Salvatore to Proclaim the week of May 6-12, 1985, as Special Olympics Week in Washington County, urging all citizens to support this event and take part in the activities. Unanimously approved. Commissioner Downey read the Proclamation and presented a copy to Marva Davis, Washington County Area Director. PROCLAMATION — EMPLOYER SUPPORT FOR GUARD AND RESERVE MONTH Motion made by Commissioner Salvatore, seconded by Roulette to Proclaim the month of May 1985 as Employer Support for Guard and Reserve Month in Washington County, urging all citizens to acknowledge and honor the role of the contributions of both employers and reservists for the security and defense of this nation and their efforts for the cause of peace. Unanimously approved. Commissioner Bowers read the Proclamation and presented a copy to Joe Filsinger, local chairman for this commemoration. REAPPOINTMENT TO PLANNING COMMISSION Motion made by Commissioner Roulette, seconded by Salvatore to reappoint John Herbst to serve as a member of the Washington County Planning Commission for a five-year term, effective May 25, 1985. Unanimously approved. REAPPOINTMENT TO TRANSPORTATION COMMISSION Motion made by Commissioner Salvatore, seconded by Roulette to reappoint Joseph Widmyer to serve as a member of the Washington County Transportation Commission for a three-year term, effective May 1, 1985. Unanimously approved. REAPPOINTMENT TO ECONOMIC DEVELOPMENT COMMISSION Motion made by Comm ss oner Sa vatore, seconded by Downey to reappoint Phillip Rohrer to serve for a three-year term as a member of the Economic Development Commission in the "banking" category, effective May 31, 1985. Unanimously approved. APPOINTMENT TO ECONOMIC DEVELOP0MENT COMMISSION Motion made by Comm s�sioner Roulette, seconded by Salvatore to appoint Cindy Grunberg to serve as a member of the Economic Development Commission in the new category of "utilities" for a three-year term, effective May 31, 1985. Unanimously approved. PROCLAMATION - NATIONAL CORRECTIONAL OFFICERS WEEK Mot on ma a Dy Comm`�ssloner Salvatore, secon3ecT E Downey to Proclaim the week of May 5-12, 1985, as National Correctional Officers Week in Washington County, urging all citizens to observe such week with appropriate ceremonies and activities. Unanimously approved. STATE I & A GRANTS Motion made by Commissioner Salvatore, seconded by Roulotto to agree to a Memorandum of Understanding between the Department of Health and Mental Hygiene and the Washington County Commissioners which would be used as he basis for V MAY 7, 1985 MINUTES, CONT'D. providing the County grant funds for use in testing innovative technologies as an alternative to the on -site septic tank and seepage pit/tile field sewage systems, with approximately $30,000 being made available to Washington County. Unanimously approved. POWER PLANT SITING LEGISLATION Mot on made by Commissioner Roulette, seconded by Salvatore to request the Governor of Maryland, as a member of the Board of Public Works, to impose a moratorium on making any decisions on the selection of a coal -burning power plant site until the legislation authorizing the site selection process can be reviewed by the State Environmental Matters Committee to see if the process is currently appropriate and proper or if it needs to be amended. Unanimously approved. MEMORIAL DAY HOLIDAY Motion made by Commissioner Salvatore, seconded by Roulette to establish Monday, May 27, 1985, as the official Memorial Day Holiday for County Employees. Unanimously approved. UTILITY INSTALLATION PERMIT Motion made by Commissioner Roulette, seconded by Downey to approve of the issuance of a utility installation permit to Valley Construction for a dwelling located at 330 Maugans Avenue. Unanimously approved. DESIGN FOR REPLACEMENT OF HESS ROAD BRIDGE Motion made by Commissioner Roulette, seconded by Downey to appropriate up to $4800 from C.I.P. Contingency for preparation of the design for reconstruction of Hess Road Bridge in the Ringgold area. Unanimously approved. ALLOCATE FUNDS FOR CHAIN SAWS Motion made by Commissioner Downey, seconded by Roulette to appropriate up to $500 from Operating Contingency to purchase two (2) chain saws for use by the State Prison Work Crews while working on county property. Unanimously approved. ADV$CE TO SANITARY COMMISSION of on made by Commissioner Roulette, seconded by Salvatore to advance the Sanitary Commission $6,974 for T.V. monitoring work and completion of option agreements in connection with the Highfield Water System, with this amount to be repaid when the project becomes operational and revenue producing. Unanimously approved. BUDGET REVIEW S m Young,Drrector of Finance, met with the Commissioners for further review of the FY 1986 Budget. He said that, at the present time, S400,000 had to be cut from budget requests or found in additional income to balance the budget at $45.3 million. No formal decisions were made at this time. RESOLUTIONS PERTAINING TO CALDWELL MANUFACTURING EXPANSION Dav Poole, County t r7Ti7ormed the Comm ss oners that he had reviewed the proposed resolutions pertaining to the Caldwell Manufactuirng Company Expansion in the Interstate Industrial Park and had found them to be in order. MOTION made by Commissioner Downey, seconded by Salvatore to adopt said Resolutions approving the use of the building to include the production of PVC extrusions, granting the right to alter and enlarge the existing building, and authorizing amendment of the sub- lease agreement between Allen C. Boucher, trading as Horizon Development, and Caldwell Manufacturing Company to provide for the sub -leasing to Caldwell Manufacturing Company of the proposed expanded facility. Unanimously approved. CONVENE IN EXECUTIVE SESSION Mot on ma e y omm ss oner Roulette, seconded by Salvatore to convene in Executive Session at 10:30 a.m. in regard to personnel matters, pursuant to the authority contained in Article 76(A), Section li(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion ma A by Commissioner Downey, seconded by Roulette to reconvene in Regular Session at 11:00 a.m. Unanimously approved. I 1 Uf - MAY 7, 1985 MINUTES, C0NT'D. BID OPENING - INDUSTRIAL EQUIPMENT Bids for industrial equipment for the Landfill, Parks and Detention Center were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Arnett's - Detention Center tractor $15,000, mower $4,400, enclosed cab $7,550; Parks tractor - $15,000, loader $3,600, enclosed cab $3,400. Antietam Ford Tractor - Detention Center tractor $11,350, mower $3,735, enclosed cab $2,475; Parks tractor - $12,100, loader $2,450, enclosed cab $2,450. Alban Tractor - Landfill dozer $275,694, trade in $35,000, net $240,694; Landfill scraper $221,085, trade in $40,000, net $181,185. E. T. Cline F. Son - Parks tractor and loader $13,745, enclosed cab $2,295 plus $175.00 for valves; Detention Center tractor and mower $14,540, enclosed cab $2,295. Powlen Equipment - Parks tractor $13,900, loader $4,600; Detention Center tractor $13,900, mower $5,000. The bids will be reviewed by appropriate officials prior to a decision being rendered. I I I (CONVENE IN EXECUTIVE SESSION Mot on made by Commissioner Downey, seconded by Salvatore to convene in Executive Session at 11:15 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Salvatore, seconded by Downey to reconvene in Regular Session at 11:45 a.m. Unanimously approved. PROMOTION TO SENIOR PLANNER POSITION Motion made by Commissioner Roulette, seconded by Salvatore to concur with the recommendation of the Planning Commission to promote Steve Goodrich to the position of Senior Planner, Grade 10, Step C, to fill an existing vacancy. Unanimously approved. ESTABLISH NEW BUS DRIVER CLASSIFICATION Motion made by Commiss oner Downey, seconded by Roulette to concur with the recommendation of the Manager of the County Commuter System, and establish the new job classification of "substitute bus operator". Unanimously approved. TRANSFER OF PARKS DEPARTMENT EMPLOYEE MoMofin made by Commiss oner Salvatore, seconded by Downey to accept the recommendation of the Director of Parks & Recreation and approve of the transfer of Barbara Rebert to the position of Secretary II, to fill an existing vacancy, subject to satisfactory completion of a typing test. Unanimously approved. EMPLOY PLANNING DEPARTMENT SECRETARIES Motes made by Commissioner Salvatore, seconded by Roulette to accept the recommendation of the Executive Director of the Planning Department and employ Bonnie Mary Ernst in the position of Administrative Secretary and Pamela Troncatti in the position of Secretary II to fill existing vr,cancies. Motion carried with Commissioner Bowers voting "AYE" and Commissioner Downey "ABSTAINING". P.D.7OUa.NMENT Mot on made by Commissioner Roulette, seconded by Downey to adjourn at 11:50 a.m. Unanimously approved. ACVt crn y iJ Clerk May 14, 1985 Hagerstown, Maryland 21740 I I I Ti I The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Downey followed by the Pledge of Allegiance to the Flag by the full Assemblage. 1984 HISTORIC PRESERVATION AWARD John Frye, Chairman of the Historical Advisory Committee, along with Committee members, appeared before the Commissioners to inform them that Leroy Myers had been nominated as recipient of the 1984 Historic Preservation Award for his assistance in restoring the Wilson Bridge. Commissioner Bowers, on behalf of the Board, presented Mr. Myers with the Seventh Annual Washington County Historic Preservation Award and commended him for the excellent restoration of Wilson Bridge. In accepting the award, Mr. Myers said that it was a great personal achievement for him to be involved in saving the bridge and that stones from the wall in front of the San Mar Children's Home near Boonsboro were used to repair the arches. REQUEST TO LIFT FUNDING RESTRICTIONS ON NESBITT-WARNER HOUSE Hilda Cushwa of the Clear Spring District Historical Association appealed to the Commissioners to lift restrictions on soliciting public funds to restore the Nesbitt -Warner House in that community. She said that, in deeding the old house to the group five years ago, the County prohibited them from seeking public funds, and that so far, not enough private money has been collected to restore the landmark. The Commissioners took the request under advisement at this time. RESTORATION OF FORMER WILSON SCHOOL Frances Horst who submitted the only offer to restore the former Wilson School, explained the proposed project to the Commissioners. She stated that her main interest in the school was to prevent it from falling victim to commercialism and agreed with the Commissioners' policy for a reverter of ownership if it ever ceased to be a public historical museum. MOTION made by Commissioner Roulette, seconded by Salvatore to proceed with advertising the County's intention to convey the old Wilson School property to Lewis and Frances Horst so it can remain with the Wilson Property historical complex. Unanimously approved. PROPOSAL TO PARTICIPATE IN LANDIS/DAY ROAD IMPROVEMENTS Dan Sheedy, Developer of Condontowne Apartments, appeared before the Commissioners to inform them that he is willing to donate $70,000 towards improvements to the two (2) roads i.e., Landis and Day, leading into his apartments. He said that this was the only matter still remaining to be resolved to get final approval from the County Engineer. Motion made by Commissioner Roulette, seconded by Salvatore to accept the proposal from Dan Sheedy to contribute $70,000 towards the cost of improving Landis and Day Roads, and authorizing the Planning Commission to proceed with granting approval to the site plan for this project. Unanimously approved. RESCIND APPOINTMENT TO PLANNING COMMISSION Mot ion made by CommissI6ier Roulette, seconded by Salvatore to rescind the Motion of May 7, 1985, in which John Herbst was appointed to a six (6) year term as a member of the Planning Commission, since Mr. Herbst declined the appointment. Unanimously approved. APPOINTMENT TO B.D.C. Motes made - y co iiTssioner Roulette, seconded by Snook to appoint John Herbst in the category of "agriculture" to serve as a member of the Economic Development Commission for a three (3) year term. Unanimously approved. RESCIND APPOINTMENT TO B.D.C. Motion made by CommliiYoner Roulette, seconded by Downey to rescind the Motion of May 7, 1985, in which Cindy Grunberg was appointed in the category of "utilities" to a three (3) year term as a member of the Economic Development Commission, since she has declined the appointment. Unanimously approved. APPOINTMENT TO E.D.C. Mot one mode �y Commissioner Roulette, seconded by Snook to appoint Gilbert Bohn to serve as a member of the Economic Development Commission for a three (3) year term in the category of "utilities". Unanimously approved. MAY 14, 1985 MINUTES, CONT'D. ESTABLISHMENT OF EMERGENCY COMMUNICATIONS STUDY COMMITTEE MottTon made by Commissioner Snook, seconded by Roulette to establish a committee comprised of three (3) city and (3) county members to study the emergency communications of the city/county police, fire, ambulance and 911 systems and report back to the Commissioners within 90 days. Unanimously approved. FRANCHISE FEES RE CABLE T.V. The County Attorney informed the Commissioners that, under Article 25, Section 3(c) of the Annotated Code of Maryland, they may grant 1 or more exclusive or non- exclusive franchises, impose fees and establish rules and regulations relating to the operations of cable televisions. Representatives of Antietam Cable Television were present at the meeting and discussed the matter with the Commissioners. No decisions were made at this time. At this time Commissioner Bowers was excused from the Meeting and Commissioner. Roulette assumed C; air. MINUTES OF APRIL 9 and 16, 1985 Mot on made by Commissioner Downey, seconded by Salvatore to approve of the Minutes of the County Commissioners Meetings of April 9 and 16, 1985, as submitted. Unanimously approved. WE'STERM MARYLAND PARKWAY EXTENSION The Commissioners agreed to commit Federal Bridge funds available over the next four years in the amount of $800,000 towards the cost of building the bridge in the Western maryland Parkway Extension project. WARD BID - JANITORIAL SERVICES Mot on made by Commissioner Downey, seconded by Snook to award the contract for janitorial services for the Court House and County Office Building to Modern Maintenance Services, Inc. who submitted the low monthly rate of $3,053 and on -call services for Blue Mountain Estates and Park View Knoll of $63.00 per call. Unanimously approved. BID OPENING - CHASSIS & CABS/DUMP BODIES Bids for six chassis & with pidump bodies for the Roads Department were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Martin Truck - Chassis & Cabs $32,410 per unit, $194,460 total. C. Earl Brown - Chassis & Cabs $32,839 per unit, $197,034 total; Dump bodies $5,570 per unit, $33,420; complete unit $38,409 per unit, $230,454 total. Massey Ford - Chassis & Cabs $32,786 per unit, $196,716 total; complete unit $37,935 per unit, $227,610 total. Keystone Ford - Chassis & Cabs $33,289.74 per unit, $197,738.44 total; dump bodies $5,692 per unit, $34.152 total; complete unit $38,981.74 per unit, $233,890.44 total. Frey Motors - Chassis & Cabs $34,090 per unit, $204,543 totals dump bodies $5,570 per unit, $33,420 total; complete unit $39,660 per unit, $237,963 total. Antietam Equipment Company -- Dump bodies $5,570 per unit, $33,420 total. Jacobs Ford - Chassis & Cabs $34,575.97 per unit, $207,455.82 total; dump bodies $5,570 per unit, $33,420 total; complete unit $40,145.97 per unit, $240,875.82 total, The bids will be reviewed by appropriate officials prior to a decision being rendered (Bids awarded for all fleet vehicles and industrial equipment during Afternoon Session.) BID OPENING - WORKERS COMPENSATION INSURANCE Bras for workers compensation insurance for county employees were publicly opened and read aloud. Companies participating in the bidding and their annual premium proposals were as follows; Lloyd & Lloyd (Parkwood Insurance Company) - estimated net $228,281; Patterson Agency, Inc. (Parkwood Insurance Company) estimated net $171,307; J_ Edw,.rd Cnrhran (Aetna Insurance Company) estimated net $56,757 minimum, $277,840 maximum; Wright. Gardner Insurance Company (Parkwood Insurance) estimated net $228,295; Carroon & Black Management, Inc., proposal for self insurance - estimated net of $319,836; P.M.A. Group - estimated net $223,251. The bids will be reviewed by appropriate officials prior to a decision being rendered. CONVENE IN EXECUTIVE SESSION Motion made by Comm ss oner Salvatore, seconded by Snook to convene in Executive Session at 11:25 a.m. In regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously :proved. I I MAY 14, 1985 MINUTES, CONT'D. RECONVENE IN REGULAR SESSION AND RECESS Motion made by Commission Salvatore, seconded by Downey to reconvene in Regular Session and Recess for lunch at 12:15 p.m. Unanimously approved. AFTERNOON SESSION The Afternoon Session was convened at 1:30 p.m. with Vice President Roulette presiding and Commissioners Downey, Salvatore and Snook present. NEW CLASSIFICATION - SUBSTITUTE BUS ATTENDANT Motion made by Commissioner Downey, seconded by Snook to approve of the new classification of "Substitute Bus Attendant" for the County Commuter System. Unanaimously approved. PART TIME POSITION - NEW CLASSIFICATION FOR E.D.C. Motion made by Commissioner Snook, seconded by Downey to approve of a new part-time secretarial position and to reclassify the position of Economic Development Commission Aid to Economic Development Commission Specialist, Grade 7, effective July 1, 1985. Unanimously approved. TRANSFER - NEW EMPLOYEE FOR PLANNING COMMISSION Motion made by Commissioner Snook, seconded by Salvatore to approve of the transfer of Pamela Trancotti to Administrative Secretary in the Planning Department and to employ Carol Miller in the position of Secretary II to fill an existing vacancy. Unanimously approved. Motion carried with Commissioners Snook, Salvatore and Roulette voting "AYE" and Commissioner Downey "ABSTAINING". CONSULTANT SELECTION - HALFWAY PARK POOL DESIGN Motion made by Commissioner Snook, seconded by Downey to select the firm of J. C. Surrey/Architect who submitted a fee of $32,875 to provide complete architectual/engineering services for the construction of a swimming pool at Halfway County Park. Unanimously approved. I n AWARD BID — CHASSIS a CABS/DUMP BODIES Motion made by Commissioner Snook, seconded by Downey to award the bid for four. (4) chassis & cabs to Martin Truck Corporation who submitted the low total bid meeting specifications of $129,640, and the bid for four (4) dump bodies to Antietam Equipment who submitted the low bid of $22,280. Unanimously approved. AWARD BIDS - TRACTORS WITH LOADER/MOWER Motion made by Commissioner Snook, seconded by Downey to award the bids for two (2) tractors with loader for the Parks Department and mower for the Detention Center to Arnett's Garage who submitted the only bids meeting specifications of $18,600 and $19,400 respectively. Unanimously approved. AWARD BIDS - DOZER AND SCRAPER Motion made by Commiss oner Snook, seconded by Salvatore to award the bids for Landfill equipment to Alban Tractor who submitted the only bids of $181,085 net for a wheel tractor scraper and $240,694 net for a bulldozer. Unanimously approved. AWARD BID - 4 PICK UP TRUCKS Motion made by Commissioner Snook, seconded by Salvatore to award the bid for four 1/2 ton pick-up trucks for the Roads Department to Keystone Ford who submitted the low bid of $14,108.06. Unanimously approved. AWARD BID -1 TON CHASSIS a CAB AND UTILITY BODY Motion made by Commissioner Downey, seconded by Salvatore to award the bid for a ton chassis & cab with utility body for the Roads Department to Keystone Ford who nubsuILLud Lhe low bid of $14,109 .0f. Unanimously approved. AWARD BID - 4 SUB COMPACTS AND 2 4WD PICK-UPS Motion made by Commissioner Snook, seconded by Downey to award the hide for ve- hicles for the Health Department to Horf.man Chevrolet who submitted the low total bid of $24,544 for 4 sub -compacts and to Massey Ford who submitted the low total bid of $18,170 for 2 1/2 ton pick-ups with 4 Wheel Drive. Unanimously approved. AWARD BID - 1 SUBURBAN VAN Motion made by Commissioner Downey, seconded by Snook to award the bid for one (1) suburban van for the Engineering Department to Martin Truck Corp. who submitted the bId $1� 6 2 ,i....,i." c1. annrnverl. MAY 1! , 1985 MINUTES, CONT'D AWARD BID - 15 PASSENGER WAGON Motion made by Commissioner Salvatore, seconded by Snook to award the bid for one (1) 15 passenger wagon for the Recreation Commission to Massey Ford who submitted the low bid of $14,646. Unanimously approved. AWARD BID - 3/4 TOI VAN Motes made by Commissioner Snook, seconded by Salvatore to award the bid for one (1) 3/4 ton van for Communications Maintenance to Massey Ford who submitted the low bid meeting specifications of $12,328. Unanimously approved. AWARD BID - 1/2 TON PICK UP TRUCKS Motion by Commissioner Downey, seconded by Snook to award the bid for two (2) 1/2 ton pick-up trucks for the S.P.C.A. to Massey Ford who submitted the low total bid of $15,918. Unanimously approved. EMPLOY MAINTENANCE PERSON - AIRPORT Motion made by Commissioner Salvatore, seconded by Snook to employ an additional maintenance person for the Airport. Motion carried with Commissioners Salvatore, Snook and Roulette voting "AYE" and Commissioner Downey voting "NO". AOU IEWT Motion made by Commissioner Downey, seconded by Salvatore to adjourn at 2:45 p.m. Unanimously approved. C y Atto n y Clerk I I I 1 May 21, 1985 Hagerstown, Maryland 21740 I I I I The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Rev. Irwin A. Nichols, Park Head United Methodist Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION - TOURISM WEEK Motion made by Commissioner Roulette, seconded by Downey to Proclaim the week of May 19, 1985, as Washington County Tourism Week, and call upon all citizens to participate in this observance with appropriate ceremonies and activities. Unanimously approved. Commissioner Bowers read the Proclamation and presented it to Bob O'Connor, Director of Tourism, and commended him for achievements in promoting tourism in Washington County. RESOLUTION RE OPPOSITION TO POWER PLANT SITING Motion made by Commissioner Roulette, seconded by Salvatore to adopt a Resolution firmly declaring the Board's opposition and objection to the siting of a proposed coal -burning power plant in Washington County. Unanimously approved. APPOINTMENTS TO DISABLED PERSONS REVIEW BOARD Notion made by Commissioner Roulette, seconded by Salvatore to appoint the following persons to serve as members of the Disabled Persons Review Board: John Kenney, Allen W. Ditto, Adele McElwee, Sandy Brown, Joseph Chukla, Jr., Cindy Please, Anna Marie Poole and Ann Price. Unanimously approved. REAPPOINTMENTS TO ELECTRICAL BOARD Motion made y Commissioner Salvatore, seconded by Roulette to reappoint Carl Spessard and David Raymer to serve for two (2) year terms as members of the Washington County Board of Electrical Examiners and Supervisors. Unanimously approved. MINUTES OF APRIL 23 a 30, 1985 Motion made by Commissioner Downey, seconded by Roulette to approve of the Minutes of the County Commissioners Meetings of April 23 and 30, 1985, as submitted. Unanimously approved. LIME ITEM TRANSFERS - RECREATION COMMISSION BUDGET Mot on made by Comm ss oner Salvatore, seconded by Snook to approve of the following Line Item Transfers in the Recreation Commission Budget: $1500 from Contractural Services (77-424-210) to Materials & Supplies (77-410•-150); $300 from Equipment Maintenance & Repair (77-442-000) to Materials & Supplies (77-410-150); $200 from Automobile Allowance (77-457-000) to Materials & Supplies (77-410-000); $100 from Materials & Supplies (77-415-000) to General Expense (77-421-000); S150 from General Expense (77-415-000) to Advertising (77-421-000); $300 from Rental Auto (77-442-040) to Advertising (77-421-000). Unanimously approved. CONTROL OF AIRPORT TOWER The County Administrator informed the Commissioners that, effective October I, 1985, the Federal Aviation Administration will cease operating the control tower at the Airport, and the County will have to assume the responsibility of keeping it open. He said that the County can then sub -contract the tower operations, with all costs paid by FAA for the first year of operations. The Commissioners agreed to this concept. STATUS REPORT ON CAPITAL PROJECTS The County A m.n strator in in ormnd the Commissioners that all projects within the current Capital Budget were proceeding on schedule. STATUS OF MARTINS CROSSROADS WATER PROJECT Paul Waggoner, Chairman of the Washington County Sanitary Commission, along with Ed Renn, Consultant, and members of the Sanitary Commission and staff, met with the Commissioners to ask for direction regarding the Commission's recent decision that costs were prohibitive for an expanded Martins Crossroads/Point Salem/Route 40 W public water system. In response to the Commissioners inquiries, they were informed that if the system was constructed to serve only those areeti that :,race health officials ordered to he served, the cost per household would be $155 par MAY 21, 1985 nMINUTES, CONT'D. year, based upon a $250.00 hook-up fee, provided the County's contribution of $380,000 allocated for the expanded system would still be available. The Commissioners expressed general approval cf eliminating all but the Martin's Crossroads, and Cearfoss areas from the water project, but including the Wacahu Grange and school on koute 40 W, and requested the Sanitary Commission to prepare estimated costs based on this scope of work. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Snook to convene in Executive Session at 10:30 a,m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commss oner Roulette, seconded by Salvatore to reconvene in Regular Session at 11:00 a.m. Unanimously approved. BIB OPENING - COUNTY COMMUTER FLEET INSURANCE Bids fir County Commuter Fleet Insurance were publicly opened and read aloud. Firms participating in the bidding and their proposed annual premiums were as follows: Wright Gardner Insurance Company - $76,455; Carroon & Black - $122,500. The bids will be reviewed by the Insurance Committee prior to a decision being rendered. EMPLOY BUS ATTENDANT Motion made by Commissioner Roulette, seconded by Downey to accept the recommendation of the Manager of the County Commuter System and employ Larry Brown in the position of temporary part-time bus attendant. Unanimously approved. CHANGE ORDERS - SHELL BUILDING #2 Motion made by Commissioner Downey, seconded by Snook to approve of the following change orders to Shell Building #2 contracts: #101 - H.R. Ebersole, Compressed Air Piping - addition of $412 for Labor & Material Payment Bond and Performance Bond E. costa; #102 - H.R. Ebersole - Plumbing - addition of $797 for Labor & Material Payment Bond and Performance Bond costs; #103 - Beaver Mechanical - H.V.A.C. - addition of $870 for Labor and Material Bond and Performance Bond costs; #104 - Perini Construction - Prime Contract - addition of $6,207 for Labor and Material Bond and Performance Bond costs; #105 - Perini Construction - Prime Contract - deduct of $19,000 - deletion of jib cranes and electric operated chain hoist, F._ foundation and anchor bolts and anchor bolt layout to be provided by Dutcher; #106 - Hub City Sprinklers, Sprinkler system - addition of $455 for Labor & Material Bond and Performance Bond costs; #107 - Ellsworth Electric, Electrical System - addition of $967 for Labor & Material Payment Bond and Performance Bond costs. Unanimously approved. CONSULTANT SELECTION - AIRPORT MASTER PLAN Motion made by Commissioner Downey, seconded by Snook to accept the recommendation of the County Coordinating Committee and select Delta Associates who proposed a fee of $43,903 to prepare a Master Plan Update for the Washington County Regional Airport. Unanimously approved. EMPLOYEE SUGGESTION INCENTIVE POLICY Motion made by Co mmissioner. Roulette, seconded by Salvatore to adopt the County Employee Suggestion Incentive Policy as proposed this date by the County Administrator, Unanimously approved. LIFT NECK ROAD MORATORIUM Motion made by Commissioner. Salvatore, secondeo by snook to lili. i.Lw aL, iuu. imposed on Neck Road barring new construction at the expiration of the current term. Unanimously approved. ADJOURNMENT Mot1o. made by Commissioner Salvatore, seconded by Snook to adjourn at 12:00 noon. Un i ously approved. Cou ty Attorney , Clerk I I I I May 21. 1985 Hagerstown, Maryland 21740 I I 1 I I PUBLIC HEARING - FY 1986 BUDGET9 CONSTANT YIELD TAX RATE, REVENUE SHARING A Puri c Hearing was held in Court Room *1 to permit citizens of Washington County to testify concerning the Proposed FY 1986 Budget, the intention to Increase the Tax Rate above the Constant Yield Tax Rate and the proposed Use of Revenue Sharing Funds. The Hearing was convened at 7:00 p.m. by Ronald L. Bowers, President, with Vice President Richard E. Roulette and Commissioners R. Lee Downey and John R. Salvatore present. The County Administrator made a presentation of budget highlights, summarizing proposed expenditures as follows: General Fund - $45,745, Highway Fund - $4,126,716, Capital Projects Fund - $6,022,783, Revenue Sharing - $1,800,000. He stated that the proposed tax rate of S2.05 would be maintained for FY 1986 and would generate $23,068,500 in revenues. Members of the Board of Education spoke in opposition to proposed reductions in the education budget, as did Kathay Parker, PACE member. There was no testimony against the proposal to increase the tax rate above the constant yield rate nor the use of Revenue Sharing Funas. The Hearing was closed at 8:05 p.m. O�vV c my Attorney Clerk May 28, 1985 Hagerstown, Maryland 21740 I I I The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Salvatore, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROPOSAL FOR COMPUTER HOOK UP — ELECTION BOARD Virgil Banzhoff, Chairman of the Election Board, appeared before the Commissioners, along with Marie Garber, State Administrator of Elections, and Dan Holland and Barry Troxell from the computer data center in Annapolis, to request the Commissioners to provide approximately $4400 in FY 1986 and approximately $10,800 in ensuing years to enable the local Election Board Offices to acquire terminal equipment to be on-line with the State system. Ms. Garver stated that the state has absorbed all development costs and was now able to offer state-of-the-art computer based voter registration systems to the local governments. She said that the biggest improvement would be in enabling the local office to enter data into the main computer system and also retrieve up-to-date information immediately, as opposed to the labor intensive present system. In answer to the Commissioners' inquiries, Benny Tyson, County Programmer, stated that it appeared more feasible to utilize the state's computer base as opposed to developing the same programs on the County's system, since the hardware costs would still be approximately the same. The Commissioners took the matter under advisement at this time. MARTINS CROSSROADS WATER SYSTEM The Commissioners reviewed the estimated costs submitted by the Sanitary Commission for the Martins Crossroads/Cearfoss Water Distribution System and requested the County Administrator to obtain additional information prior to rendering a dec- ision. MINUTES OF MEETING OF MAY 7, 1985 Mot on made by Commissioner Downey, seconded by Salvatore to approve of the Minutes of the County Commissioners' Meeting of May 7, 1985, as submitted. Unanimously approved. FUND BALANCE TRANSFERS Motion made by Commissioner Salvatore, seconded by Snook to approve of the transfer of $806,186 from FY 1984 audited surplus to the following accounts for the purchase of vehicles/equipment: CIP - $606,407, Highway Fund - $40,768, General Fund - $159,011. Unanimously approved. RENEW MAINTENANCE SERVICE AGREEMENTS Motion made by commissioner Downey, seconded by Roulette to approve of the renewal of the following Maintenance Service Agreements for Fiscal Year 1986: Electrical Semko Electric Company, Plumbing and Heating - Beaver Mechanical Contractors, Elevator - General Elevator, Pest Control - Tri-State Termite and Pest Control Company. Unanimously approved. LIME ITEM TRANSFER - CIRCUIT COURT Motion made by Commissioner Salvatore, seconded by Roulette to approve of the transfer of $1,200 in the Circuit Court Budget from Jury Meal Allowance (6-429-030) to Per Diem Allowance (6-429-040) to meet the anticipated need for judicial educational functions. Unanimously approved. R1EMIRST FROM CATOCTIN ELECTRICAL CONTRACTORS ASSOCIATION Jack Barr and Richard Hartle, representing the Catoctin Electrica! Contractors Association, appeared before the Commissioners and critized the electrical inspection services provided by the Middle Department. He said its fees are the area's highest and that, follow-up and inspections are not being made in a timely manner. Leonard Miller, local inspector for the Middle Department, stated that the fee structure as interpreted by the Department, was approved by the County in 1983, and that inspections are made on a daily basis with the exception of the Hancock area where they are made weekly. Mr. Ba'.r also recommended that the County also consider hiring its own inspectors. The Commissioners took the matter under advisement until additional information can he obtained regarding the cost of hiring its own inspectors versus the amount of revenue collected by contracting the service. MAY 28, 1985 MINUTES, CONT'D. ADDITIONAL PARKING BAN AREAS Motion made by Commissioner Salvatore, seconded by Roulette to include the following additional areas under the County's Parking Ordinance: Pen Mar Road from Ft. Ritchie Access Road to Buena Vista Road and Washington Monument Road in the area of Zittlestown. Unanimously approved. RENEW AMBULANCE SERVICE AGREEMENT Motion made by Commissioner Salvatore, seconded by Snook to renew the agreement with County Medical Transport, Inc. for Transportation of Indigent Mental Health Patients for the 1985-1986 contract year. Unanimously approved. RENEW TYPEWRITER MAINTENANCE CONTRACTS Motion made by Commissioner Snook, seconded by Roulette to renew the agreements with Office Suppliers and Office Equipment Company for maintenance of typewriters for the 1985-1986 contract year. Unanimously approved. CHANGE ORDERS — SHELL BUILDING #2 MODIFICATIONS Motion made by Commissioner Roulette, seconded by Salvatore to approve of the following Change Orders to Shell Building #2 Modification contracts: Number 1.08 Perini Construction - additional $2,340 for furnishing and installing electric operators in lieu of chain hoists for six (6) overhead doors; Number 109 - Perini Construction - additional $498 for removing existing door, frame & hardware from garage area and relocating same to welding shop including stoop in front of door; Number 110 - Associated Engineering Sciences - additional $336 for six (6) additional concrete tests in office/welding area. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Comm saioner Roulette, seconded by Salvatore to convene in Executive Session at 11:15 a.m. in regard to property and personnel matters and potential litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND ADJOURN Notion made by Commissioner Downey, seconded by Salvatore to reconvene in Regular Eeesion and adjourn at 12:30 p.m. Unanimously approved. o ty A to hey ZI2~_ Clerk I I I I June 4, 1985 Hagerstown, Maryland 21740 The Regular Meeting o£ the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commisssioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Sister Frances Watkowski, St. Maria Goretti High School, followed by the Pledge of Allegiance to the Flag by the full Assemblage. HISTORY TEACHER CERTIFICATE OF MERIT Commissioner Bowers read and presented a Certificate of Merit to Sister Frances Watkowski, for her outstanding contribution as a teacher of history in Washington County. Mr. Bowers explained that the award was presented annually in honor of E. Russell Hicks and Louis E. Tuckerman. In accepting the award, Sister Frances said she was honored to be selected as the most influential teacher of Joan M. Parson, a graduating senior at St. Maria Goretti, who had won a scholarship essay contest sponsored by the Civil War Round Table Historical Society. INTRODUCTION OF NEW EXTENSION AGENT Richard Schukraft, County Extens of n Agent, appeared before the Commissioners to introduce Richard Heflebower, new Extension Agent with the Washington County Office, who will be replacing Larry Dell in the Horticulture/Ag Science Divisions. The Commissioners welcomed Mr. Heflebower to Washington County. REAPPOINTMENTS TO MENTAL HEALTH ADVISORY BOARD Motion made by Commissioner Roulette, seconded by Snook to reappoint the following persons for three (3) year terms as members of the Washington County Mental Health Advisory Committee: Dr. Edmund Niklewski, Hildegarde Corran, Paul Pittman and Judge Darrow Glaser. Unanimously approved. REAPPOINTMENTS TO HEALTH SYSTEMS AGENCY Motion made by Commissioner Roulette, seconded by Salvatore to reappoint Horace Murphy in the category of 'provider' and appoint Wayne Sautter in the category of 'consumer' for three (3) year terms as members of the Health Systems Agency Governing Body. Unanimously approved. MARTINS CROSSROADS WATER PROJECT After due consideration of statistical data supplied by the Sanitary Commission regarding alternate methods of financing the reduced Martins Crossroads water system as mandated by the State Health Department, a MOTION was made by Commissioner Roulette, seconded by Snook and unanimously adopted to increase the local appropriation to the project from 8165,000 to $200,000 with user costs based upon a 30 -year ammortization schedule. ELECTION BOARD COMPUTER Motion made bTommissioner Snook, seconded by Roulette to allocate up to $4,000 in FY 1986 for a computer terminal in the Election Board Offices which will provide access to the state elections' data processing center in Annapolis, with the understanding that the cost of the equipment in following years will be offset by a reduction in part-time and overtime wages. Unanimously approved. CROSSING GUARD - HANCOCK Motion --maces by Commissioner Salvatore, seconded by Roulette to accept the recommendation of the Mayor and Council of Hancock and provide funding in the amount of $1890 in the Board of Education Budget to add a new position in the Crossing Guard Budget to serve the town of Hancock. Unanimously approved. NO PARKING BAN - ANTIETAM DRIVE Motion made by Commissioner Salvatore, seconded by Snook to concur with the c reommendation of the Sheriffs Department and Maryland State Police and impose a II "No Parking Ban" at the intersection of MD Route 64 and Antietam Drive in Washington County. Unanimously approved. PARTIAL SHUT -DOWN, BEAVER CREEK BRIDGE PROJECT Motion made by Commis inner Downey, seconded by Snook to grant the request of the contractor for the Beaver Creek Bridge Project and approve of a partial shut -down of the project until materials arrive on the job. Unanimously approved. III JUNE 4, 1985 MINUTES, CONT'D. RESOLUTION TO ADOPT FY 1986 TAX RATE Motion made by Commissioner Roulette, seconded by Snook to adopt a Resolution to levy a property tax rate of $2.05 per hundred of the assessed valuation for the tax year 1985-86. Unanimously approved. (Copy of Resolution attached.) LINE ITEM TRANSFER - TRANSPORTATION COMMISSION Motion made by Commissioner Downey, seconded by Snook to approve of the following line -item transfer in the Transportation Commission Budget: $6,000 from Salaries (800-404-000) to Buildings Maintenance & Repairs (800-441-000), to fund repairs to the heating system and fire alarm system. Unanimously approved. REPORT ON ANTIETAM FURNACE ARCHEOLOGICAL EXCAVATIONS Susan Frye, project director, and Richard Hughes and Rodney Little, Maryland Historical Trust officials, appeared before the Commissioners to submit a report on the archeological excavations at the Antietam Iron Furnace Complex at Mt. Aetna. They reported that the investigations provided invaluable information on the earliest iron furnace operating in Washington County and the most complete picture of eighteenth century iron making yet to emerge in the United States. After a slide presentation of the site and a display of the artifacts by Mrs. Frye, the Trust officials expressed their hope that they could continue to work with the County to explore options for the perpetual preservation and public interpretation of this priceless historic resource. PUBLIC HEARING - DISCOUNTS FOR PAYMENTS OF REAL PROPERTY TAXES Commissioner Bowers convened the Meeting in Public Hearng at 11:00 a.m. to permit Washington County residents to testify concerning the proposed granting of a discount of one (1%) per cent on all payments of ordinary real property taxes due for the taxable year July 1, 1985 - June 30, 1986 for which payment is made during the month of July 1985. Larry Vaughn spoke in opposition to reducing the discount from the two (2%) per cent granted in prior years, stating that the discount meant a lot to people on fixed incomes. Their being no one else present to speak for nor against the proposed one (1%) per cent discount, Commissioner Bowers announced that the Record would be kept open for one (1) week for comments to be submitted in writing. He closed the Hearing at 11:15 a.m. and reconvened the Meeting in Regular Session. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Downey, seconded by Roulette to convene in Executive Session at 11:15 a.m. in regard to personnel and property matters and potential litigation, pursuant to the Authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. At this time Commissioner Snook was excused from the Meeting. RECONVENE IN REGULAR SESSION Notion made by Commissioner Salvatore, seconded by Roulette to reconvene in Regular Session at 12:40 p.m. Unanimously approved. CANCEL CONTRACT FOR BUSES Motion made by Comm ss oner Roulette, seconded by Salvatore to cancel the contract for puchase of six (6) buses for the County Commuter System from Carpenter Body Works, due to the contractor's failure to perform under the contract. UnanLnously approved. PROMOTION TO PLANNER II POSITION Motion made by Commissioner Salvatore, seconded by Roulette to approve of the promotion of Timothy Lung in the Planning Department from Planner I to Planner II to fill an existing vacancy. Unanimously approved. RESCIND RESIGNATION ACCEPTANCE - HOUSING OFFICER Motion made by Commissioner Downey, seconded by Roulette to rescind acceptance of the resignation of Cheryl Moyer, Housing Officer, since she has decided to remain under the County employ. Unanimously approved. ADJOURNMENT Motion made by Commissioner Downey, seconded by Salvatore to adjourn at 12:50 p.m. Una ously approoA�ed. /i//// / Co nt A.tto ney �j ,Clerk I I I I (JUNE 4, 1985 MINUTES, CONT'D. , 11 I I DAVID R. POOL[, JR. ATTORR ST wT lR W RAORIISTOWR TRUST RICO, II WEST WASHIROTOR ST. .... �.. _ "no• vY AN ii RESOLUTION NO. WHEREAS, Article 81, S 232C of the Annotated Code of Maryland provides that the Board of County Commissioners shall establish a tax rate for the ensuing tax year pursuant to the provisions of the aforementioned Section; and WHEREAS, The Board of County Commissioners of Washington County, Maryland, acting as a taxing authority, pursuant to the aforementioned law, advertised its intent to exceed the constant yield tax rate In a newspaper of general circulation within its jurisdiction sufficient to give notice as determined by the State Department of Assessments and Taxation; and WHEREAS, The Board of County Commissioners of Washington County, Maryland, acting as a taxing authority, did meet at a public hearing on May 21, 1985, after having published the aforementioned required advertisement, for the purpose of hearing comments regarding any tax rate increase and to explain the reasons for any proposed increase; and WHEREAS, The Board of County Commissioners of Washington County, Maryland believes that it is in the best interests of the citizens of Washington County to adopt a tax rate which will provide sufficient revenue for Washington County Lc. i;rovids advquite for the health, safety and well 35 being of the residents of Washington County. NOW, THEREFORE, BE IT RESOLVED That pursuant to the power and authority granted to the Board of County Commissioners of Washington County, Maryland, by Article 81, S 232C(d)(3), the Board of County Commissioners of Washington County, Maryland hereby adopts a property tax rate of $2.05 per hundred of the assessed valuation for the tax year 1985-1986, which said rate will provide a property tax rate in excess of the constant yield tax rate. Adopted this day ofi. , 1985. ATTSSTi*a TQ SIGNATURE AD CORPtSAATE, SEAL: ,at ryn t, er WIT SS: DAYtO K POOLE. JR ATTORNSV AT LAW HAOSRSYOWN TRUST OLDS HASSNSTOWN. MARYLAND !1740 BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND BYQA3 — Rona ers, res en -2- Rou ette, Vice -President R. Lee Downey o n h. a vatore IF . ... 36 APPROVED for legal sufficiency: avid oo r. County Attorney DAVID K. POOLS, JR II ATTOK.NST AT LAW NASIRSTOWN TRUST SLD. SI WAST WASHINGTON ST. II HAOSRSTOWN, MARVLAND "740 -3- RESOLUTION STATE OF WASHINGTON RYCOUNTY ❑AVID K. POOLE, J'R. RECEIVED FOR RECORD •• ATTORNEY AT LAW HA6[OT0N TNU[T BUOinG AI W[[T WA[NINpTUN 5111[[T /'�/+� • HABROGTOWN.MARYLAND 21740 IIQER Fof in `!�l!'�ND�G%irDirvq,��.��f►4�dv4.M7'�.,v�i : :iTT-- __ __ AUG N1,ReK�Ep ��C X �qs� 4�% June 10, 1985 Hagerstown, Maryland 21740 I I r PUBLIC HEARING - REZONING CASES - SUBDIVISION ORDIPANCE TEXT AMENDMENT A Public Hearing was held jointly by the Board of County Commissioners and the Planning Commission in Court Room 4l, WashingtdTs County Court House, to permit residents of Washington County to testify concerning Rezoning Cases RZ 289, RZ 290, RZ 314 through RZ 324 and a Text Amendment to Section 202.19 of the Washington County Subdivision Ordinance. The Hearing was convened at 7:00 p.m. with Ronald L. Bowers, President of the County Commissioners and William E. Wolford, Jr., Chairman of the Planning Commission presiding. Also present were Richard E. Roulette, Vice President, and Commissioners R. Lee Downey and Martin L. Snook, and Planning Commission members Jack Byers, Mike Barnhart and Don Zombro. After hearing all testimony, it was announced that the Record would be held open for ten (10) days for additional testimony to be submitted in writing. The Hearing was closed at 12, D a.m. Cdii ' AttotneyT / , Clerk June 11, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE he Invocation was delivered by Pastor Jeffrey Winstead, Harvest Baptist Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROPOSAL TO ACQUIRE PROPERTY - HARVEST BAPTIST CHURCH Jeffrey Winstead, pastor of Harvest Baptist Church, appeared before the Commissioners to inform them that since the purchase of the former Woodland Way School, the church has grown considerably, and in order to expand to meet future needs they would like to acquire additional lots north of the church building. The Commissioners agreed to have appraisals made of the property and to make an offer of sale for two (2) and/or five (5) of the 50' x 180' lots to the Harvest Baptist Church. APPOINTMENTS TO PLANNING COMMISSION Mot on made y Comm ssioner Roulette, seconded by Snook to appoint Dr. Ray Johns for a five (5) year term and Judy Acord for a four (4) year term to fill the unexpired term of Mary Ann Jenneke, to serve as members of the Washington County Planning Commission. Unanimously approved. RESOLUTION_1'O GRANT PROPERTY TAX DISCOUNT Motion made oy Comm s- er Snook, seconded by Roulette to adopt a Resolution to grant a discount of one (1%) per cent on real property taxes for FY 1986 that are paid during the month of July 1985. Unanimously approved. ADOPT FY 1966 BUDGETS Motion made by Commissioner Roulette, seconded by Snook to adopt County Budgets for Fiscal Year 1986 in the following amounts: General Fund - 545,756,609, Highway Fund - $4,126,716, Capital Improvements Projects - $6,027,783. Unanimously approved. URGE CONTINUANCE OF REVENUE SHARING FUNDS Mot on made by C ss oner Snook, seconded by Roulette to urge the county's congressional representatives to support continuance of the Federal Revenue Sharing Program in order to provide the same level of services at the current tax rate. cJnanimuunl( apy�G C . ONE 11, 1985 INU VES, CUNT °i1. MINUTES OF MEETINGS OF MAY 14, 21 & 28, 1985 Motion made by Commissioner Downey, seconded by Roulette to approve of the Minutes of the County Commissioners Meetings of May 14, as amended, May 21 and 28, as submitted. Unanimously approved. LINE ITEM TRANSFERS - B.D.C. AND TRANSPORTATION COMMISSION Motion made by Commissioner Roulette, seconded by Snook to approve of the following budgetary line -item transfers: Economic Development Commission - $8,900 from Advertising (86-421-000) to Other - Promotion (86-429-000) TToo, Capital Outlay (86-487-000) $3,400; Transportation Commission - 312,000 from Diesel Fuel and $9,060 from Wages to Small Tools (800-410-110) $400, Postage (800-415-000) $60, Medical (800-425-000) $175, Meetings (800-429-110) $3,500, Motor Oil (800-450-040) $1,100, Grease (800-450-050) $350, Bus Cleaners (800-450-080) $400, Tires (800-451- 010) $1,500, Contracted Maintenance (800-451-000) $13,000. Unanimously approved. ROADSIDE CLEANUP PROGRAM Sheriff Glenn Bowman appeared before the Commissioners to inform them that a program to clean up county roadsides would be started on Thursday, June 13th. He said that four (4) inmates from the Detention Center, supervised by a Deputy, would work along county roads and at the county landfill. He also said that the inmates to be used in the program had proven their reliability by doing yard work at the jail. ACCEPTANCE OF STREETS - ROCKY SPRING ACRES of on made by Commissioner Downey, seconded by Roulette to concur with the recommendation of the Administrative Engineer and accept the Deed to Scott Drive Mar Rock Drive, Rocky Spring Acres, Section A, into the. County Roads System, and accept the Maintenance Bond submitted by the developer, as surety for maintenance of the streets for one (1) year, commencing with the day of final inspection. Unanimously approved. P.O.8. FUNDING OF PROPOSED GOLF COURSE Fred Es ew, Assistant Director of the state Department of Natural Resources, along with Bill Krebs, Administrator of Program Open Space, met with the Commissioners, Steve Sager, Mayor of Hagerstown and Councilmen Steve Spalding and Rod Wagner to discuss alternate methods for funding the construction of a golf course at Ditto Farms. Mr. Eskew revealed that $600,000 in P.O.S. funds designated for acquisition could be used to purchase the course if it were built by someone else. He also said that the county could form its own development corporation to build the course, and then buy the facility using state money. The City and County officials agreed to appoint a joint city/county panel to discuss the funding possibilities. CLOSING OUT SALE - SECOND MILE NURSERY Motion made by Commissioner Downey, seconded by Snook to approve of the Second Mile Nursery, Leitersburg Pike, conducting a Closing -Out Sale through Juno 30, 1985, and to waive the requirement for a permit to be issued 14 days prior to commencing the sale. Unanimously approved. At this time Commissioner John R. Salvatore arrived at the Meeting. SUMMER MEETING SCHEDULE The Commissioners announced that meetings during July and August 1985 would start at 10:00 a.m., and that there would be no meetings on July 30th and August 20th. CONVENE IN EXECUTIVE SESSION Mot nn mw e y Commisgioner�SaIvatore. seconded by Snook to convene in Executive Session at 11:30 a.m. in regard to personnel and property matters, pursuant to the Authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Aotion ma�o�y Com� m stoner Roulette, seconded by Downey to reconvene in Regular Session at 12:10 p.m. Unanimously approved. TRANSFER PERMITS & INSPECTIONS SECRETARY Rot oion ma a by Commissioner Salvatore, seconded by Downey to approve of the transfer of Kris DeVault from Administrative Secretary, Permits & Inspections, Administrative Secretary, Board of Zoning Appeals to fill an axiating vacancy. Unanimously approved. to I I I I JUNE 11, 1985 MINUTES, CONT'D. I I t DAVID K. lOOL[. JM. MYOIW [V At LAW NAOiprOWM flub? SL"O. II wilt WAs M,Maro,. It, MAAlbb?OWM. MA.VLAMo bran B 4470 NOSL .00 �Y101WO�'-CrOVY,d Officeof the Clerk of the Circuit Court for 01985 6-21 P2:44 on June 21, 1985 at 2:44 P.M. fiber a. (Acts, Ordinances, and Resolutions for Washington County RESOLUTION NO. RESOLUTION ADOPTED PURSUANT TO AUTHORITY OF SECTION 48(b) OF ARTICLE 81 OF THE ANNOTATED CODE OF M)1RYLAIID PRIDING FOR DISCOUNTS FOR PAYIIEIT OF ORDINARY REAL P1)PERTY TAM PAID DURING THE MONTH or JULY tees WHEREAS, The Board of County Commissioners of Washington County has determined that a discount should be authorized for the prompt payment of ordinary real property taxes due Washington County for the fiscal year 1985-1986. NOW, THEREFORE, BE IT RESOLVED By the Board of County Commissioners of Washington County that, pursuant to the authority granted to it by Section 48(b) of Article 81 of the Annotated Code of Maryland, all payments of ordinary real property taxes due Washington County for the taxable year beginning July 1, 1985 and ending on June 30, 1986 for which payment is made during the month of July 1985 shall receive a discount on the County portion thereof of one (11) per cent. AND BE IT STILL FURTHER RESOLVED That all of the aforegoing provisions relating to discounts shall be allowed by the Tax Collector of Washington County in the collection of the I / fiscal year 1985-1986 taxes. PASSED AND APPROVED This day of 1985. BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND ATTEST AS TO SIGNATURE ADM1CORPORATE SEAL: BY: Rona L. rs, ree ent t ryn" ort, er _ A id2'TNESs : — Richard E. Roulette, - ,rs� Vice -President R. Lee owney o n a' vatore _____ DAVID K POOL[, JR �• F - ATTOrN[Y AT LAW NAS\RATOWN TRUST SLOG alwga� WARN I NOTONAI AP ROVED for ai sutticlency: NAOAAATOWN, MARYLAND Td F. Poole, County Attorney — ,I! I q iii /iCOpr NG FEE PECOI...XTION TAX TR1aNf� EF' TAX . _ TOTAL MU RESOLUTION DAVID K. PDOLE,JR. ATTORNEY AT LAW HAGt.CTGw.. TNu T BY,.OING •I WAS? WASHINGTON SINCE? HASCRBTOWN,MARVLAND 81740 JUNE 11, 1985 MINUTES, CONT'D. rI I I EMPLOY PARKS GUARD Motion made by Commissioner Salvatore, seconded by Snook to accept the recommendation of the Department Head and employ Ned Taylor in the position of Parke Guard to fill an existing vacancy. Unanimously approved. EMPLOY MAINTENANCE MAN FOR PARKS of on made by Commissioner Downey, seconded by Snook to accept the recommendation of the Department Head and employ Richard Higgins in the position of Maintenance Man I in the Parks Department to fill an existing vacancy. Unanimously approved. RECLASSIFICATION OP COUNTY EMPLOYEES FOR FY 1986 Motion made by Commissioner Downey, seconded by Salvatore to approve of the following County Employee reclassifications for FY 1986: Janet Walkley, Account Clerk I to Grade 4, Step A; Alan Davis, Personnel Administrator, to Grade 12, step A; Cindy Mease, Handicapped Services Coordinator, to full-time status; RobertO'Connor, Tourism Director, to Grade 11, Step A; Gwen Henson, Permits & Inspections Clerk Typist, to Grade 4, Step B; Ronald Kidd, City/County Recreation Director to Grade 10, Step I; Barbara Rebert, Parks & Recreation Secretary, to Secretary II; Terry Shies, Parks Superintendent, to Grade 10, Step E; Richard Willson, Housing Officer, to Grade 9, Step A; Cheryl Moyer, Housing Aide, to Grade 6, Step A; Diana Fleming, Housing Clerk/Typist, to Grade 4, step A; Jayne Shobe, E.D.C. Specialist, to Grade 7, Step G; James Sterling, Roads Department to Grade 10, Step C; Leigh Sprow.ls, Airport Manager, to Grade 12, Step A; Keith Godwin, Transportation Commission, to Grade 12, step A; Philip Ridenour, Fire & Rescue Technician, to Grade 6, Step E/F; James Bleveins, Fire & Rescue Technician, to Grade 6. Step G/H; Timothy Gargana, Fire & Rescue Technician, to Grade 6, Step F/G; Richard Reeder, Fire & Rescue Technician, to Grade 6, Step E/F; Bardona Holsinger, Fire & Rescue Technician, to Grade 6, Step F/G; Sidney Mills, Assistant Chief, Fire & Rescue, to Grade 10, Step A; Franklin Stull, Sheriff's Department, to $7.35 per hour; Fred Norris, Sheriff's Department, to Grade 7, Step A; Roger Schlossberg, Sheriff's Department, to $2,000 per year; Donald Zombro, Sheriff's Department, to Grade 9, Step C. Unanimously approved. ADIOURI�lENT Motion made by Commissioner Snook, seconded by Roulette to adjourn at 12:30 p.m. Unanimously approved. u y Att ney , Clerk June 18, 1985 Hagerstown, Maryland 21740 I I I I The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of. Allegiance to the Flag by the full Assemblage. HIGHFIELD WATER SYSTEM Paul Waggoner, Chairman of the Washington County Sanitary Commission, Palmer Dawson, Executive Director, and Commission and staff members, met with the Commissioners to discuss the financial situation for the operation and maintenance of the old Highfield Water System and to seek a commitment for financial participation in the construction of the new system. They asked the Board for an advance of 830,000, on an as -needed basis, to fund the old system through June 1986, and for a commitment of local funds towards the new system. It was suggested that the $1,000,000 the County had invested to date in the project be written off as a receivable from the Sanitary Commission, which could result in an additional $500,000 from the State. The Commissioners took the matter under advisement at this time. (Decision rendered later during Morning Session.) ANNOUNCEMENT RE NEW FAIRCHILD FACILITIES OWNERS Commiss over Bowers announced that an agreement had been reached for Twelve Knotts Limited Partnership and the Maryland Economic Development Corporation to jointly own and market the vacant former Fairchild facilities. He introduced David Paulson, MEDCO Executive Director, and Martin Knott and James Almer, Twelve Knotts officials, who expressed appreciation for the commissioners support of the project and the hope for reaching the goals that have been established. The Commissioners welcomed the new company to Washington County and pledged their continued support. At this time Commissioner John R. Salvatore arrived at the Meeting. COMMIT LOCAL FUNDS TOWARDS HIGHFIELD WATER SYSTEM The Commissioners agreed to fund thirteen (13%) per cent of the cost of the new Highfield Water. System, estimated at $3.6 million, to ask Frederick County to pay a percentage of the costs because 46 of the potential water customers live in Frederick County, and to bid the project with an alternate of the county furnishing the pipe for the system. LINE ITEM TRANSFERS - TOURISM Motion made by Commissioner Downey, seconded by Roulette to approve of the transfer of $1,085 in the Tourism Budget from Telephone (36-430-000) to utilities (36-416- 000) S802 and Capital Outlay (36-487-000) $283, and to increase the Capial Outlay Budget in the amount of 51,185 from donations at the new I-81 Center to purchase furnishings and equipment. Unanimously approved. STREET NAMES - 70/81 INDUSTRIAL PARK Mot one made by Commissioner Roulette, seconded by Salvatore to name the I-70/81 Industrial Park access road Elliott Parkway and the cul-de-sac Elliott Place. unanimously approved. PERMISSION TO STAGE AIR SHOW Motion made by Commissioner Salvatore, seconded by Roulette to grant permission for the Air Snow to be staged at the washington County Regiunai Ai,.poii. or September 14 and 15, 1985. Unanimously approved. CONVEYANCE OF RIGHT OF WAY TO COLUMBIA GAS Motion made by Commissioner Roulette, seconded by Snook to grant a deed of easement and right-of-way to Columbia Gas to install a line on the Dutcher Property in the County Industrial Park. Unanimously approved. GRANT TAX DISCOUNT - PERSONAL PROPERTY Motion made 1by CommWTssioner Downey, seconded by Snook to grant a discount of one (1%) per cent on all payments of ordinary personal property taxes due Washington ,, ,....c 199 for county for the taxable year, uryinniuy .iui.y 1, 195 and �.• ...y ^^ ....••� 30, ---- --- which payment is received during the month of July 1985.-4 Unanimously approved. II Ij it JUNE 18, 1985 MINUTES, CONT'D. CHANGE ORDER - SHELL BUILDING II CONTRACT Motion made by Commissioner Roulette, seconded by Salvatore to approve of Change Order No. 111 to the Shell Building II Contract with H. R. Ebersole & Sons for Compressed Air Piping, to allow for an additional $250.00 for labor and material to install twenty-five additional quick -disconnects in the production area. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Salvatore to convene in Executive Session at 11:10 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. Note: Executive Minutes Recorded during this seas ion. RECONVENE IN REGULAR SESSION Motion ma e y Commissioner Roulette, seconded by Salvatore to reconvene in Regular Session at 11:50 a.m. Unanimously approved. EMPLOY PARIS GUARD Motion made by Commissioner Downey, seconded by Roulette to accept the recommendation of the Department Head and employ Alfred Bowers in the position of Parks Guard to fill an existing vacancy. Unanimously approved. EMPLOY SUBSTITUTE BUS DRIVERS Mot on made y Commiss oner Roulette, seconded by Downey to accept the recommendation of the Department Head and employ Marian Smith and Gerald Langenstein in the positions of substitute bus drivers for the County Commuter System, to fill existing vacancies. Unanimously approved. EMPLOY PLANNER I Motion made by Commissioner Downey, seconded by Roulette to accept the recommendation of the Department Head and employ Lisa Kelly in the position of Plattner I for the Planning Department to fill an existing vacancy. Unanimously approved. RECESS T e Meeting was recessed at 12:00 noon for lunch. ARTERNOON SESSION e A ternoon Session was convened at 2:00 p.m. at North High School for a joint meeting with the Board of Education members and administrative staff. Present were Ronald L. Bowers, President, Richard E. Roulette, Vice President and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook; Board of Education President Robert Barnhart and Board Members Marie Byers, Douglas Bachtel and Linda Irvin; Dr. Claud Kitchens, Superintendent of Schools, Ed Kercheval, Assistant to the Superintendent and Wayne Stouffer, Finance Manager, PROPOSAL FOR NORTH HIGH ATHLETIC FIELDS James Conrad, Pr nc p e o Nort H gh, submitted a proposal for upgrading the athletic facilities at North High to accommodate 5,000 people and parking for 500 cars. He said the project would cost an estimated $350,000 and proposed alternate methods of financing which included contributions from the County, the booster clubs and sale of an 11.4 acre tract of land near the school. He said that, beyond the funding, a deed restriction on part of the land where the bleachers would be bL.ilt would have to be removed. The Commissioners took the proposal under advisement. PROPOSED CURTAILMENT OF ADVANCE FUNDS FROM THE STATE Wayne Stott er. n ormed the Commmss oners t— fiat the proposed curtailment of advance funds from the state for Transportation and special education would have a fiscal impact since the first payment would not be received until September l of each year while the programs had to be funded through July and August. He said the proposal was not to reimburse but rather advance the funds, which would require requesting the funds earlier from the county. tt was also pointed out that both the county and the board would lose interest incoiss on this money. 1 I I I E7 I 1 I G r VOCATIONAL feNrION REGULATIONS Wayne Stouffer reported that the Federal Government had changed the regulations on federal funding through the State for Vocational Education Programs. He said that the money must now be used to increase and maintain new programs on a matching state/local basis and not used to maintain existing programs. He said that the ultimate effect could be that new programs would have to be added to get any federal money which may not be economically feasible. STATUS OF BESTER SCHOOL Ed Kercheval reported that by reducing the scope of work, repairs to Beater School were now estimated at $750,000, which would require a 40% matching share in the amount of $310,000, with planning money required in FY 1987 and construction money in FY 1988. ROOFING PROJECTS Ed Kerc eval reported that several roofing projects were under contract with the Administration offices completed, E. Russell Hicks scheduled for completion in July, Lincolnshire out to bid, Hickory to go out to bid in Augusr quality at Northern Middle School is that the fresh air is not getting down to where the people are. He said that formaldehyde testing was done again yesterday but no report had been received as yet. NORTHERN MIDDLE SCHOOL AIR QUALITY STUDY Dr. Kitchens reported that the apparent problem with the air quality at Northern Middle School is that the fresh air is not getting down to where the people are. He said that formaldehyde testing was done again yesterday but no report had been received as yet. INSTRUCTIONAL COMPUTER PROGRAM Dr. KK ttcchens stated that Wash ngton County was selected as one of five counties in Maryland for a special computer program. He said I.B.M. is making the programs available at no cost and that labs with instructional computers will be at Boonsboro High School and the Careers Study Center with programming provided via satellite. ADJOURNMENT T e Mee— ting was adjourned at 345 p.m. 't-- _____ Co nt Atto ney Clerk I RESOLUTION NO. L_ WHEREAS, The Hagerstown, Washington County Industrial Foundation, Inc., a corporation of the State of Maryland, hereinafter referred to as 'Buyer," has entered into a Contract of Sale with J. Allen Clopper and Elizabeth C. Clopper, his wife, hereinafter referred to as "Sellers," and WHEREAS, The Buyer has agreed to purchase a farm from the Sellers located in Washington County, Maryland, known as Breeze Hill farm, more particularly described in a Deed to the Sellers recorded in Liber 367, folio 67 among the Land Records of Washington County, Maryland, and WHEREAS, The Buyer has agreed as payment to execute a purchase money Mortgage or Deed of Trust in the amount of Five Hundred Ninety Four Thousand ($594,000.00) Dollars with payment as more particularly set forth in the aforementioned Contract of Sale. NOW, THEREFORE, BE IT RESOLVED That the Board of County Commissioners of Washington County, Maryland hereby agrees that in the event the Buyer shall request financial assistance from the Board of County Commissioners of Washington County, Maryland in order to fulfill its obligations under the _f Sci then ,rho Rn"rd of County atorementioned vcii�i:i n�L v �r I I 1 1 S. DAVID K POOLE. JR GTTONN[Y AT LAW MAOSRSTOWN TRU[T SLOG SI WEST WASHINGTON ST HAG[RSTOW N, MA NYLANL 21740 Commissioners of Washington County, Maryland shall make such advances to the Buyer for the aforementioned specific purposes as it may be deem necessary fsoMtime to time. ADOPTED This ��ay 1985. BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND ATTEST AS TO SIGNATURE AND CORPORATE SEAL: ona s, res en at ryn fort, er WITNESS: � 1 c ar u e e, vice -President .8•,�._. tie : /•+...�C -I� T �..e..� 'R. Lee owney o n a v tore ,._..� art n noo -2- APP O ED for 1 sufficiency: County Attorney -3- JUNE 18, 1985 MINUTES, C0NT'D. C I I 32 DAVID N. POOLE. Jn. ATTONNST AT LAW HAGNNNTOWN TOAST SLUG, NI WNST WASHINGTON ST. HAONS.TOWN. MAIYLAND S/TA0 ffice of the Clerk of the Circuit Court for B 4471 NOSL ashington County 01985 6-21 P Received for Record on June 21, 1985 at 244 P.M. liber 1. Acts, Ordinances, and Resolutions for Washington County RESOLUTION NO. RESOLUTION ADOPTED PURSUANT TO AUTHORITY OF SECTION 48(b) OF ARTICLE Si OF TEE ANNOTATED CODE OF MARYLAND PROVIDING FOR DISCOUNTS FOR PAYMENT OF ORDINARY PERSONAL PROPERTY TAXES PAID DURING THE MONTH OF JULY 1985 WHEREAS, The Board of County Commissioners of Washington County has determined that a discount should be authorized for the prompt payment of ordinary personal property taxes due Washington County for the fiscal year 1985-1986. NOW, THEREFORE, BE IT RESOLVED By the Board of County Commissioners of Washington County that, pursuant to the authority granted to it by Section 48(b) of Article 81 of the Annotated Code of Maryland, all payments of ordinary personal property taxes due Washington County for the taxable year beginning July 1, 1985 and ending on June 30, 1986 for which payment is made during the month of July 1985 shall receive a discount on the County portion thereof of one (1%) per cent. AND BE IT STILL FURTHER RESOLVED That all of the aforegoing provisions relating to discounts shall be allowed by the Tax Collector of Washington County in the collection of the .00 2.0 II m fiscal year 1985-1986 taxes. jt PASSED AND APPROVED This day 1985. BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND DAVID K. POOL.[. J11. ATTOANRV AT LAW NAO[RATOWN TAUT •LDO •1 W.YT WAOHINOTON OT, II NAO[AOTOWN• MARYLAND 81740 ATTEST AS TO SIGNATURE AND CORPORATE SEAL: r. . snarc, cie • 1 • WI SS: i , •;I A VED for 9gal sufficiency: County Attorney 4d e Richard. Roulette, Vice -President R. Lee owney Salvatore art n noO HECURIW G PEE ______________ RECO,i. d+TION TAX TRAN&ER TAX TOTAL ------ Th I I I July 2, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 10:00 a.m. by the President Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John Salvatore, and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Prior to giving the Invocation, Commissioner Snook spoke briefly in memorium for City of Hagerstown Councilman James Resh who died on Sunday, June 30, 1985. The Pledge of Allegiance to the Flag by the full assemblage followed. CONCENSUS RE LAKESIDE MOBILE HOME PARK DEVELOPMENT II It was the concensus of the Board that last year's decision barring mobile home parks in Highway Interchange (HI) Zoning Districts did not affect the proposed expansion, Development II, of Lakeside Mobile Home Park, since the expansion was prior to adoption of the new regulations. They further agreed to suggest to the developer that the privacy of the raidents be enhanced by screening along I-81 to eliminate some of the lights and noise. REAPPOINTMENT TO ETHICS COMMISSION Motion made by Commissioner Downey, seconded by Salvatore to reappoint Herbert Logsden to serve for a three (3) year term as a member of the Washington County Ethics commission. Unanimously approved. MINUTES OF MEETINGS OF JUNE 4, 10, AND 11, 1985 Mots on made by Commissioner Downey, seconded by Salvatore to approve of the Minutes of the County Commissioners' Meetings of June 4, 10, and 11, 1985 as submitted. Unanimously approved. ADMINISTRATIVE ASSISTANCE FUNDING Motion made by Commissioner Roulette, seconded by Salvatore to authorize the President of the Board to sign the contract and related documents for. Administrative Assistance funding for FY 1985-86 under A.R.C., in the amount of $19,980 from the Department of Economic & Community Development. Unanimously approved. AWARD BID - OUTDOOR RECREATIONAL FACILITIES GUIDE Motion made by Commissioner Downey, seconded by Roulette to accept the recommendation of the Department Heads and award the contract for printing 50,000 copies of the Public Outdoor Recreational Facilities Guide to Tri-State Printing who submitted the low bid of $3,972. Unanimously approved. ABATE TAXES - MIDFA/MILA PROPERTIES Motion made by Commissioner Salvatore, seconded by Snook to abate the taxes for FY 1985-86 of the following MILA/MIDFA properties and to accept payments in equal amounts in lieu of the taxes: Accoustiflex Corp. - $2,145.94, Alphin Aircraft, Inc. - $1,192.28, Certain -Teed Corp. - $31,796.94, CBS Inc. (Gabriel industries) - $32,518.54, Grove Manufacturing Co. Hangar - $4,565.67, Hagerstown Canteen Services - $2,197.19, Horizon Development - $11,525.92, Larstan Industries, Inc. - $6,472.06, Maccaferrie Gabions Mfg. Co. - $6,274.85, Roper Eastern - $18,271.65, Ryder/P.I.E. Nationwide, Inc. - $22,029.51, Sterling Radiator - $8,150.80, Shell Building No. 2 - $5,986, Chatauqua Airlines Inc. - $543.46. Unanimously approved. APPROVE UTILITY POLE RELOCATION Motion made by Comissioner. Downey, seconded by Salvatore to accept the recommendation of the Parks Board and approve of the Waynesboro Cable T.V. Company relocating six utility poles within County right--of-way at Pen Mar Park, providing the = n_y will bear the eApenge of mnvinr, the nnleg when And if the right-of-way is needed for public purposes. Unanimously approved. FUNDING FOR DEPUTIES AT SCHOOL FUNCTIONS Mot? on made by Commissioner Roulette, seconded by Downey to allocate $7,852 to the Board of Education to pay Sheriff's deputies to provide security at certain school functions, with this amount to be appropriated from the Commissioners' Operating Contingency. Unanimously approved. AWARD BID - BATTLETOWN ROAD BRIDGE'PROJECT M-otTn made by Comm ssxoner Downey, seconded by Snook to accept the recommendation .,f the county F.nnineer And award the contract for the Battletown Road Bridge ® Project to C. William Hetzer, Inc. who submitted the low bid of $441,834, subject to concurrence by the State and Federal Highway Administrations. Motion carried with Commissioners Downey, Snook, Salvatore and Bowers voting "AYE" and Commissioner Roulette "ABSTAINING". JULY 2, 1985 MINUTES, CONT'D. AWARD BID - INDEPENDENCE ROAD BRIDGE PROJECT Motion made by Commissioner Roulette, seconded by Salvatore to accept the recommendation of the County Engineer and award the contract for the Independence Road Bridge Project to Callas Contractors who submitted the low bid of $115,390.90. Unanimously approved. BID OPENING - T -HANGARS Bids for the construction of T -hangars at the Airport were publicly opened and read aloud, Firms participating in the bidding and their proposals were as follows: Henson & Son, Inc. - Base bid 8356,897, Alt. 1 $171,920, Alt. 2 $166,346, Alt. 3A $4,239, Alt. 3B $2,625, Alt. 4A $9,985, Alt. 4B 66,630, Alt. 5A included in base, Alt. 5B included in Alt. 2; C. William Hetzer, Inc. - Base bid 5388,000, Alt. 1 $66,000, Alt. 2 $215,000, Alt. 3A $8,000, Alt. 3B $5,000, Alt. 4A $23,000, Alt. 4B $17,000, Alt. SA $4,000, Alt. 5B $4,000, Alt. 6A $1,000, Alt. 6B $1,000; E. F. Goetz & Sons, Inc. - Base bid - $421,119, Alt. 1 $43,866, Alt. $254,841, Alt. 3A ,541, Alt. 3B $3,448, Alt. 4A $13,552, Alt. 4B $9,974, Alt. 5A included in Base, Alt. 58 included in base; McCleary & Earley, Inc. - Base bid - $426,392, Alt. 1 $73,392, Alt. 2 $235,276, Alt. 3A $8,905, Alt. 38 $5,540, Alt. 4A $10,059, Alt. 4B $6,974, Alt. 5A $2,324, Alt. SB $2,292; Leroy Myers, Inc. - Base bid $366,591, Alt. 1 $50,463, Alt. 2 $201,000, Alt. 3A $4,615, Alt. 3B $2,857, Alt. 4A $9,920, Alt. 48 $7,164, Alt. 5A $2,132, Alt. 5B $2,134, Alt. 6A $358,500, Alt. 68 $197,109. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING — HALFWAY BOULEVARD PROJECT T e President announced that NO bids were received for the Halfway Boulevard Project. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Salvatore to convene in Executive Session at 11:50 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76A, Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECOKVENE IN REGULAR SESSION Mot on made by Commiss oner Downey, seconded by Salvatore co reconvene in Regular Session at 105 p.m. Unanimously approved. AMEND SICK LEAVE POLICY Mot on made by Comm ssToner Roulette, seconded by Snook to amend the County Sick Leave Policy to increase the payment for unusued sick leave on leaving county employment to $10.00 per day for up to 100 accumulated days, and in an effort to reward those employees who sparingly use sick leave, to pay employees for up to three (3) days of pay not to exceed $75.00 per day if an employee uses less than three (3) days sick leave within the fiscal year beginning July 1, 1985. Unanimously approved. AMEND DISABILITY BENEFITS POLICY Motion made by Co:�ss toner Downey, seconded by Salvatore to amend the County Disability Benefits Policy to increase protection to 70% of gross wages not to exceed $260.00 per week. Unanimously approved. EMPLOY SECRETARY - PERMITS & INSPECTIONS Motion made by� Comm�ss oner Downey, seconded by Roulette to employ Julie Eckart in the position of. Secretary II in the Department of Permits & Inspections to fill an existing vacancy. Unanimously approved. ADVERTISE MAINTENANCE MAN POSITION - AIRPORT ' .. rnmrn_Ra nner Roulette, seconded by Snook to advertise the position of Maintenance Man III to fill an existing vacancy at the Airport. Unanimously approved. ADJOURNMENT Motion made by Commissioner Downey, seconded by Salvatore to adjourn at 1:30 p.m. Unanimously approved. ----' Clerk I I I I June 25, 1985 Hagerstown, Maryland 21740 II The Regular Meeting of the Board of County C�mmissioner.s of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Captain Darrell Kingsbury, Salvation Army, followed by the Pledge of Allegiance to the Flag by the full assemblage. REAPPOINTMENT TO SANITARY COMMISSION Motion made by Commissioner Downey, seconded by Roulette to reappoint Robert Holsinger to serve for a one-year term as a member of the Washington County Sanitary Commission, to represent the Fountain Head/Orchard Hills/Maugansville Subdistrict. Unanimously approved. PROPOSAL FOR WORKERS COMPENSATION SELF INSURANCE Al Davis, Personnel Employee Benefits Director, appeared before the Commissioners to inform them that the Insurance Committee had investigated alternate avenues for workers comp and fleet vehicle insurance coverage and recommended that the County self insure. He introduced officials from Carroon & Black Corporation, Insurance Intermediaries, who submitted a proposal to manage a workers compensation self- insurance program for the county. They said that with the county's 1% to 2% possibility of reaching the maximum loss, which is based upon historical data, it appeared incumbent that a move was made away from the private insurance company. Mr. Davis also stated that approval had to be granted by the State to self insure. The Commissioners took the matter under advisement at this time. PUBLIC HEARING - EROSION AND SEDIMENT CONTROL ORDINANCE President Bowers convened t e Meeting in Public Hear ng at 10:10 a.m. for the purpose of hearing public comment on a proposed Erosion and Sediment Control Ordinance for Washington County, Glenn Dull, County Engineer, explained that in order for the county to regain self inspection and enforcement delegation, the changes in the new ordinance must meet minimum state requirements and therefore would require more administrative work and impose additional scheduling respons- ibilities on the contractors. He further explained that the state was currently providing the inspection and enforcement services. Les Milburn, of C. L. Milburn & Sons,stated that he preferred local inspection and enforcement and said that the seeding requirements in the Ordinance were impossible to meet. Taylor Oliver also advocated local delegation, as did Jack Byers and Terry Bache, local developers. They also recommended that the ordinance clearly spell out that single-family dwellings on lots under two (2) acres would require only a standard grading plan, that the provision for withholding all permits while a violation is being corrected be amended, and that procedures for appeals be included in the ordinance. It was also the concensus of those giving testimony that the county should strongly object to a state-wide ordinance and state controls. President Bowers announced that the Record would be kept open for ten (10) days for additional comments to be submitted in writing. He closed the Hearing at 11:00 a.m. and reconvened the meeting in Regular Session. BID OPENING - BONER AVENUE RECONSTRUCTION Bids for the Bower Avenue Reconstruction Project were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Fayetteville Contractors, Inc. - $166,633, Richard F. Kline, Inc. - $180,170, Wolfe Brothers, Inc. - $142,431.50. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - BATTLETOWN ROAD BRIDGE PRWECi` Btd's or the Battletown Road 9r dge Project were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Callas Contractors - $456,756, Allied Contractors - $579,522, Fayetteville Contractors - $635,907, C. William Hetzer - $441,834, Richard F. Kline - $568,596, Wolfe Brothers - $552,374. The bids will be reviewed by appropriate officials prior to a decision being rendered. DID OPENING - INDEPENDENCE ROAD BRIDGE PDO.IECT s or the Independence Road Bridge Project were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Wolfe ® I� Brothers - $1b5,17D, Klcnard t. Kline - $144,i;,u, Ca1l.:a Cc,.tr ct. - C11C_7p0:Fn. The bids will be reviewed by appropriate officials prior to a decision being rendered. JUNE 25, 1985 MINUTES, CONT'D. BID OPENING - PRINTING OF RECREATION GUIDE Bids for printing the Washington County Recreation Guide were publicly opened and read aloud. Firms participating in the bidding and their proposals were as (I follows: Plans & Systems - 50,000 copies, $6,285, additional increments of 5,000 copies, $435; La Costa Agency - 50,000 copies $4,712, additional increments of 5,000 copies $726; Tri-State Printing - 50,000 copies $3,972, additional increments of 5,000 copies $3701 Hagerstown Bookbinding - 50,000 copies $4,387, additional increments of 5,000 copies S329. The bids will be reviewed by appropriate officials prior to a decision being rendered. ADVANCE TO SANITARY COMMISSION - HIGHFIELD WATER SYSTEM Motion made by CCommies oner Downey, seconded by Snook to advance $8,000 to the Sanitary Commission to cover the FY 1984-85 operating deficit for the Highfield Water System, and to commit up to $22,000 to cover the anticipated deficit for FY 1985-86, with these funds to be reimbursed when the new system becomes operational and revenue producing. Unanimously approved, CHANGE INSURANCE ACCOUNT - 1981 MORTGAGE BONDS Motion made by Commissioner Downey, seconded by Roulette to authorize changing the insurance account for the 1981 Single Family Mortgage Revenue Bond program from Mortgage Guarantee Insurance Corporation (MAGIC) to Connecticut Casualty Company (CNA). Unanimously approved. LINE ITEM TRANSFER - RECREATION COMMISSION Motion made by Commissioner Roulette, seconded by Snook to approve of the transfer of $6,500 in the Recreation Commission Budget from Contractual Services (77-424- 210) to Temporary Seasonal Wages (77-407-000). Unanimously approved. PROCEED WITH CONVEYANCE OF FORMER WILSONS SCHOOL Motion made by Commissioner Roulette, seconded by Snook to proceed with the conveyance of the former Wilsons School property to Lewis and Frances Horst, in accordance with the provisions of the duly advertised Notice of Intention to Convey, and to have an actual survey of the property to be conveyed made prior to transferring the deed. Unanimously approved. YARD WORKERS COMPENSATION INSURANCE BID Motion made by Commissioner Roulette, seconded by Snook to accept the recommendation of the County Insurance Committee and award the Workers Compensation Insurance coverage on a month to month basis beginning July 1, 1985, to P.M.A. who submitted the low monthly premium bid of $18,600. Unanimously approved. STREET ACCEPTANCE - FOUNTAIN HEAD ESTATES Motion made by Commissioner Snook, seconded by Downey to conditionally accept the recently completed Woodburn Drive (650') and Woodburn Court (200') in Fountain Head Estates Section 1 into the County Roads System, subject to receipt of a one-year maintenance bond in the amount of $2,000. Unanimously approved. 7'' CHANGE ORDER 112 - SHELL BUILDING ♦2 CONTRACT Motion made by Commissioner Downey, seconded by Roulette to approve of Change Order No. 112 to the Shell Building $2 Contract with Perini Construction to allow substitution of 1/2" plywood as a wainscoting in the manufacturing area in lieu of drywall at no change in the contract sum. Unanimously approved. CONVENE IN EXECUTIVE SESSION MoMo—fin made by CommT :adorer Roulette, seconded by Snook to convene in Executive Session at 11:45 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Snook, seconded by Downey to reconvene in Regular Session at 12:20 p.m. Unanimously approved. EMPLOY MAINTENANCE MAN — PARKS DEPARTMENT Mot on made E Commissioner Roulette, seconded by Snook to accept the recommendation of the Department Head and employ Carl Peroschuck in the position of Maintenance Man I in the Parks Department, to fill a position to be vacated August 1, 1985. Unanimously approved. JUNE 25, 1985 MINUTES, CONT'D. I I I J RECLASSIFY ACCOUNT CLERK - HOUSING DEPARTMENT Motion made by Commissioner Rou ette, secon ed by Snook to reclassify the position of Diana Fleming in the Department of Housing & Community Development to Account Clerk II, Grade 5. Unanimously approved. EMPLOY PART-TIME PLAYGROUND LEADERS Motion made by Commissioner Roulette, seconded by Downey to accept the recommendation of the Recreation Commission Director and employ the following people in the positions of part-time playground leaders to fill existing vacancies: Boonsboro - Jackie Boyer and David Barr; Clear Spring - Jeff King; Fountaindale - Rick Zeger; Maugansville - Deborah Hafer; Smithsburg - Scott Galbraith; Williamsport - Steve Shank. Unanimously approved. ADVERTISE INTENTION TO CONVEY ABANDONED ROUTE 11 RIGHT OF WAY Motion made by C iiilJssioner Roulette, seconded by Downey, to advertise the Board's intention to convey the portion of abandoned Route 11 fronting the Airport Inn property on the East to Mr. Nick Giannaris in exchange for a similar size parcel of land on the west side of the Airport Inn which would be contiguous to the Airport. Unanimously approved, ADJOURpIENT Motion on made by Commissioner Snook, seconded by Roulette to adjourn at 12:30 p.m. Unanimously approved. .r fI fl July 9, 1985 111111 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 10:00 a.m. by the President, Ronald L. Bowers, with the following members presents Vice President Richard E. Roulette and Commissioners R, Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Downey, followed by the Pledge of Allegiance to the Flag by the full Assemblage. EXPANSION OF MARTINS CROSSROADS WATER SYSTEM Mr. Joseph Sokol, representing twenty (20) of the twenty-five (25) residents along Pinecrest Drive, appeared before the Commissioners to submit a petition to include the area in the Martins Crossroads public water system. He said that, until recently, he and nis neighbors had assumed their homes were in the service area. MOTION made by Commissioner Downey, seconded by Salvatore to approve of expanding he boundaries of the Martins Crossroads Water Project to include Pinecrest Drive to Resh Road. Unanimc•"sly approved. APPOINT HISTORIC DISTRICT ORDINANCE COMMITTEE Mot on made by Commissioner Salvatore, seconded by Snook to appoint John Frye, Samuel Pruett, Hilda Cushwa, Jane Hershey and Donald Spickler to serve on a committee to prepare a proposed historic district ordinance for Washington County. Unanimously approved. At this time Commissioner Bowers was excused from the Meeting and Commissioner Roulette assumed the Chair. STREET ACCEPTANCE - ANTIETAM MANOR SUBDIVISION Motion made by Commissioner Snook, seconded by Downey to concur with the recommendation of the County Engineer and accept Abbott Drive and Pendleton Court in the Antietam Manor Subdivision into the County Roads System conditioned upon the developer furnishing a one-year maintenance bond. Motion carried with Commissioners Snook, Downey and Roulette voting "AYE" and Commissioner Salvatore "ABSTAINING". AWARD BID - DOWER AVENUE RECONSTRUCTION Motion made y Commissioner Rou ette, seconded by Snook to award the bid for Bower Avenue Reconstruction to Wolfe Brothers, Inc. who submitted the low bid of $142,431.50. Unanimously approved. The Commissioners further directed that the two (2) lots not needed for the above Project be advertised for sale through sealed bidding. At this time Commissioner Bowers returned to the Meeting and resumed the Chair. BID OPENING - OVERLAY PROJECT aids for the FY 1986 Overlay Project were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: P & W Excavating $30.40 per ton, Richard F. Kline, Inc. $41.90 per ton, Beaver. Creek Paving $29.11 per ton. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - AIRPORT TRACTOR MOWER BTU for a tractor w t a flail mowing system for the Airport were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Antietam Ford Tractor - $34,929, S. ri. Ciuiatniif & Suns - $41,900. The bids will be reviewed by appropriate officials prior to a decision being rendered. (Bid awarded later (luring Morning Session.) PUBLIC HEARING -PSI CORRUGATED, INC. BOND ISSUE j TTie President convened the Meeting io Pubic Hearing at 11:15 a.m. to permit any resident of Washington County to appear and testify concerning the proposed issuance and sale of Washington County Economic Development Revenue Bonds in a maximum amount of $1,800,000 for the benefit of PSI Corrugated, Inc. Timmy Ruppersberger of Semmes, Bowen & Semmes, Bond Counsel, explained the legal aspects of the Project. Vernon Litzinger, President of PSI, explained that the proceeds li from sale sae or the bonds would be used va G ii�'�r Ctival an oquip- t of facility for the manufacture of corrugated fiberboard. There being no one present to speak for nor against said bond issue, the President closed the Hearing at 11:30 it a.m. and reconvened the Meeting in Regular Session. JULY 9, 1985 MINUTES, CONT'D. ADOPT RESOLUTION RE PSI CORRUGATED, INC. BOND ISSUE of on made by Commissioner Salvatore, seconded by Snook to adopt a Resolution authorizing and empowering the County Commissioners of Washington County to issue, sell and deliver, at any one time or from time to time, its revenue bonds in a principal amount not to exceed $1,800,000 in order to loan the proceeds thereof to PSI Corrugated, Inc. for the sole and exclusive purposes described in said Resolution; authorizing the President of the Board of County Commissioners to accept a Letter of Intent from PSI dated July 9. 1985. Unanimously approved. (Copy of Resolution and Letter of Intent attached.) CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 11:30 a.m. in regard to personnel and property matters, pursuant to the Authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Salvatore to reconvene in Regular Session at 12:50 p.m. Uanimously approved. ANAAD BID - AIRPORT TRACTOR/MONER Motion made by Commissioner Roulette, seconded by Salvatore to award the bid for a tractor with flail mowing system for the Airport to Antietam Ford Tractor who submitted the low bid of $34,929. Unanimously approved. TINVORARY EMPLOYEE — AIRPORT Motfon made by Commissioner Salvatore, seconded by Snook to approve of employing Charles Hose for thirty (30) days on a temporary basis for mowing at the Airport. Unanimously approved. AWOU1RNKZNT t ion aac(e by Commissioner Salvatore, seconded by Snook to adjourn at 12:55 p.m. Unanimously approved. I I I I I I I E I July 16, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 10:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downed( and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full Assemblage. RECOGNITION FOR SERVICE ON PLANNING COMMISSION Commissioner Bowers read and presented a plaque to Mr. John Herbst, in recognition and appreciation for his 18 years of continuous volunteer service to the county government as first, a member of the Planning & Zoning Board and later, as a member of the Planning Commission. In accepting the plaque, Mr. Herbst stated that he had gained personal fulfillment and knowledge through his service, and looked forward to serving in the future as a newly appointed member of the Economic Development Commission. PRESENTATION OF PLAQUE TO WALKATRON TEAM Sydnae Vanner, Division Coordinator for the 1985 March of Dimes Walk-a-Thon, presented the First Place Team Award plaque to the Washington County Team. Team members Ron Bowers, Captain, and Joni Bittner, Suzie Lang, Maria Kline and Jan Ridenour were present at the Meeting to accept the award. Their team had raised a total of $1,716. MARTINS CROSSROAD&/CFIARFOSS WATER PROJECT PETITIONS Nathan Keener, representing residents living along Route 58, Cearfoss Pike, submitted a petition to have this area removed from the Martins Crossroads Water Project, while Betty Aziz, Warren Clark and Richard Tebbs, submitted petitions to have the water service extended to include Resh Road to Mt. Tabor Church Road to Ruby Circle and Broadfording Church Road to include the Anita Lynne Home. Sanitary Commission Officials who were present at the Meeting, along with the Commissioners informed Mr. Keener that the area referred to in his petition was a part of that mandated for public water service by the state and that the final costs to the residents could not be determined until after construction bids were opened. The other petitioners were informed that the Commissioners would give consideration to expanding the district to include their areas. REAPPOINTMENT TO ETHICS COMMISSION Mot on made by Commissioner Roulette, seconded by Snook to reappoint Weir Pollard to serve for a three (3) year term as a member of the Washington County Ethics Commission. Unanimously approved. STATUS REPORT - SALVAGE YARD ORDINANCE The County Administrator reported that, of the 13 salvage yards in operation In the county, 2 had complied with Ordinance requirements and 4 had submitted plans for approval. He said that the remaining 7 would be notified to comply by August let or the matter would be referred to the State's Attorney for legal action. LETTERS OF INTENT - HJC RE -ROOFING PROJECTS Motionmade by Commissioner Roulette, seconded by Snook to submit a Letter of Intent to assure the State Board for Community Colleges that Washington County intends to provide the local share of funds for the Hagerstown Junior College reroofing of three buildings in FY 1986 (Upper Level Career Programs, Horticulture and Gymnasium) and FY 1987 (Administration, Library, and Science). Unanimously approved. ADVERTISE SALE OF FORMER REID SCHOOL The Commissioners agreed to advertise their intention to sell the former Reid School property through sealed bidding. RESOLUTION - MILA LOAN FOR SHELL BUILDING $2 Motion made Ey Comnss ones Roulette, seconded by Snook to adopt a Resolution to borrow from the Department of Economic and Community Development of the State of Maryland, a sum of money not to exceed ONE MILLION ($1,000,000) DOLLARS, to use for the purpose of defraying the costs of constructing an industrial shell building to be located in the Washington County Industrial Park. Unanimously approved. (Copy of Resolution attachea.) it JULY 16, 1985 MINUTES, CONT'D. AMARD BID - OVERLAY CONTRACT Motion made by Commissioner Roulette, seconded by Snook to award the contract for the 1985 Overlay Project to Beaver Creek Paving who submitted the low bid of $29.11 per ton in place. Unanimously approved. MOSQUITO CONTROL - ELWOOD'S AUTO EXCHANGE Motion made by Commissioner Downey, seconded by Roulette to approve of mosquito control work being performed by the Maryland Department of Agriculture in the area of Elwood's Auto Exchange for a fee of $300.00 and at no cost to the county. Unanimously approved. I�LOCATION OF UTILITY POLES - BOWER AVENUE Motion made by Commissioner Downey; seconded by Roulette to allocate an additional $120O towards the cost of relocating three (3) utility poles in connection with the Bower Avenue Reconstruction Project, with these funds to be appropriated from Capital Contingency. Unanimously approved. A11PER1ISE CONVEYANCE OF HANCOCK PROPERTY of on made y Comm ssioner Downey, seconded by Roulette to advertise the Commissioners intent to convey approximately 1.39 acres of land situate in Hancock, Maryland, .5 miles West of the Maryland Rt. 522 & 144 intersection to Delores Creek in and for the consideration of $3,000. Unanimously approved. COOViME IN EXECUTIVE SESSION Motion made by Commissioner Downey, seconded by Roulette to convene in Executive Session at 11:10 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECESS The Meeting was recessed at 12:30 p.m. for lunch and field inspection. AFTERNOON SESSION The Afternoon Session was convened at 2:25 p.m. with President Bowers presiding and Vice President Roulette and Commissioner Snook present. COMVIZ IN EXECUTIVE SESSION Motion ma e y Commissioner Snook, seconded by Roulette to convene in Executive Session at 2:25 p.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a) (6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION of on made by Commissioner Roulette, seconded by Snook to reconvene in Regular Session at 2:45 p.m. Unanimously approved. EMPLOY PART-TIME BUS DRIVER Not on made ey Comm ss oner Snook, seconded by Roulette to employ Earl Lowry as a County Commuter bus driver on a part-time, as -needed basis. Unanimously approved. EMPLOY PLANNING SECRETARY 0 on ma e y Comm ssioner Roulette, seconded by Snook to employ Christine Walker in the position of Secretary 1I in the Planning Department to fill an existing vacancy. Unanimously approved. EMPLOY PART-TIME ROUSING SECRETARY Ot on made Ey Comm�Dion� er Snook, seconded by Roulette to employ Elena Hartman in the po5 ti nn r,f Secretary II on a part-time basis in the Department of Housing and Community Development. Unanimously approved. RECLASSIFY PARKS FOREMAN of on malee Comm ssioner Roulette, seconded by Snook to reclassify Arnold (Bud) Wissinger, Parks Forernan, to Salary Grade 8, Step C. Unanimously approved. ADJOURNMENT Notion made by Commissioner Snook, tins imously approved. ✓///// Co n Attdrr reconded by Roulette to adjourn at 2:50 p.m. G Li Hi I a in JULY 9, 1985 MINUTES, CONT'D. Li C F J I RESOLUTION A RESOLUTION AUTHORIZING AND EMPOWERING COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ISSUE, SELL AND DELIVER, AT ANY ONE TIME OR FROM TIME TO TIME, ITS REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $1,800,000, PURSUANT TO THE PROVISIONS OF SECTIONS 266A THROUGH 266-I OF ARTICLE 41 OF THE ANNOTATED CODE OF MARYLAND (1982 REPLACEMENT VOLUME) AS AMENDED IN ORDER TO LOAN THE PROCEEDS THEREOF TO PSI CORRUGATED, INC. FOR THE SOLE AND EXCLUSIVE PURPOSES DESCRIBED IN THIS RESOLU- TION; AUTHORIZING THE PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ACCEPT, ON BEHALF OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, THE LETTER OF INTENT FROM PSI CORRUGATED, INC. TO COUNTY COMMIS- SIONERS OF WASHINGTON COUNTY DATED JULY 9, 1985 AND APPROVING, PURSUANT TO NOTICE AND FOLLOWING A PUBLIC HEARING, THE ISSUANCE OF THE BONDS REQUESTED THEREIN; MAKING CERTAIN LEGISLATIVE FINDINGS, AMONG OTHERS, CONCERNING THE PUBLIC BENEFIT AND PURPOSE OF SUCH REVENUE BONDS; PROVIDING THAT SUCH REVENUE BONDS AND At U i IGKED-1 ) L'U. . Hunt unn+.,u rvsa .+ AND THAT. NEITHER SUCH REVENUE BONDS NOR TIH PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, PRIOR TO THE ISSUANCE, SALE AND DELIVERY OF SUCH REVENUE BONDS, TO PRESCRIBE THE RATE OR RATES OF INTEREST SUCH REVENUE BONDS ARE TO BEAR, THE FORM, TENOR, TERMS AND CONDITIONS OF AND SECURITY FOR SUCH REVENUE BONDS, AND TO PRESCRIBE, DETERMINE, PROVIDE FOR AND APPROVE VARIOUS OTHER MATTERS, DETAILS, DOCUMENTS AND PROCEDURES IN CONNEC- TION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT FOR SUCH REVENUE BONDS; AND GENERALLY PROVIDING FOR AND DETER- MINING VARIOUS MATTERS AND DETAILS IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT OF SUCH REVENUE BONDS. RECITALS Sections 266A to 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume) as amended (the "Act") empower all the counties and municipalities of the State of Maryland to issue revenue bonds and to loan the proceeds of the sale of such revenue bonds to a "facility user" to finance the acquisition (as defined in the Act) by such "facility user" of any facility (as defined in the Act). As defined in the Act, a "facility user" includes any individual, public or private corpo- ration, partnership, association, firm, or other entity whether or not created for the purpose of making a profit, which owns, leases, or uses all or any part of a facility. The Act declares it to be the legislative purpose to relieve conditions of unemployment in the State of Maryland, to encourage the increase of industry and a balanced economy in the State of Maryland, to assist in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland through among other things, port development and the control, reduction or abatement of pollution of the environment and the utilization and disposal of wastes (where proceeds of the bonds are used for that purpose), to promote economic development, to protect natural resources and encourage resource recovery and to generally promote the health, welfare and safety of the residents of each of the counties and municipalities of the State of Maryland. County Commissioners of Washington County, a body politic and corporate and a political subdivision of the State of Maryland (the "County"), has received a letter of intent dated July 9, 1985 (the "Letter of Intent"), from PSI Corrugated, Inc., a Virginia corporation (the "Borrower") (in form attached hereto as Exhibit A), a "facility applicant" as defined in the Act, in which it is requested that the County participate in the financing of a certain facility as defir'.ed herein, by the issuance of certain bonds described therein and by loaning the proceeds thereof (the Borrower) for the purpose of acquiring and owning the facility defined herein upon the terms and conditions of a loan or similar agreement to be entered into between the County and he Borrower (the "Loan Agreement"), as permitted by the Act (such loan being herein referred to as the "Loan"). The facility will be used by the Borrower as manufacturing, warehouse and office space in its business of manufacturing corrugated fiberboard. The facility to be acquired will consist generally of (a) approximately 18 acres of land known as Lots 10 and 11, 70-81 Industrial Park, intersection of Interstate 70 and the Western Maryland Railway, Washington County, Maryland (the "Land"), (b) -2- one or more buildings to be located on the Land containing approx- imately 48,000 square feet of manufacturing, warehouse and office space (the "Buildings"), (c) equipment for the Buildings, includ- ing a corrugator, (the "Equipment"), and (d) any other improve- ments or interests in land necessary or desirable for operation of the Buildings, together with roads and other rights of access, utilities, and other facilities necessary to the acquisition, construction and operation of the facility (the "Other Interests") (the Land, the Buildings, the Equipment and the Other Interests collectively, the "Facility"). The Letter of Intent expresses the Borrower's acknowl- edgement that it must make best efforts to use minority firms, as defined in section 8-601 of Article 21 of the Annotated Code of Maryland, as amended, in the construction of the Facility or the provision of services or supplies with the proceeds of the Bonds. The County, in compliance with the Tax Equity and Fiscal Responsibility Act of 1982 (the "Federa] Act") held a public hearing on July 9, 1985, pursuant to notice (in form attached hereto as Exhibit B) published in a newspaper of general circula- tion in Washington County on June 24 , 1985 for the purpose of apprising affected residents of Washington County, Maryland of the proposed issuance of the Bonds and allowing such residents to appear and be heard concerning the issuance of the Bonds and the location and nature of the Facility. The County has determined following such public hearing, and after having duly considered (a) the availability or feasibility of conventional financing on reasonable terms to finance the Facility, (b) the competitive effect of the issuance of the Bonds on other business entities conducting business activities similar to those of the Borrower within Washington County, and (c) the necessity for the issuance of the Bonds for competitive economic development purposes to insure job opportunities and to provide for a sufficient tax base, that there will be a substantial public benefit from the issuance of the Bonds, that the issuance of the Bonds to finance the Facility is in the public interest and for a public purpose and by this Resolution has given its approval thereto. The County based upon the findings and determinations set forth below, has determined to participate in the financing of the Facility by (a) issuing, selling and delivering its revenue bonds in an aggregate principal amount not to exceed $1,800,000 (the "Bonds"), and (b) loaning the proceeds of the Bonds to the Borrower upon the terms and conditions of the Loan Agreement, as permitted by the Act. The Loan Agreement will require the Borrower (a) to use the proceeds of the Bonds solely to finance the acquisition of the : ttcd be expenried Facility (eXCepi. LO the C]Cl.CI1L of suwuiato yciva........ to __ _ for other purposes under the Act and by the Loan Agreement), and (b) to make Loan payments which will be sufficient to enable the County to pay the principal of and interest and premium, if any, on the Bonds when and as the same shall become due and payable. -3- As security for the Bonds, the County may enter into a trust agreement with one or more corporate trustees or a purchase or assignment agreement with the purchaser of the Bonds pursuant to which the County will assign to such trustee or purchaser, among other things, and excepting the right of the County to indemnification and to payments of the County for expenses, all of the County's right, title and interest in and to, and remedies with respect to the Loan Agreement and any other document or instrument relating to the Loan, and any and all other property of every description and nature from time to time by delivery or by writing of any kind conveyed, pledged, assigned or transferred, as and for additional security for the Bonds. SECTION 1. BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF WASHINGTON COUNTY, That, acting pursuant to the Act, it is hereby found and etermined as follows: (1) The issuance and sale of the Bonds by the County �I pursuant to the Act in order to lend the proceeds thereof to the Borrower for the sole and exclusive purpose (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement) of financing the acquisition (within the meaning of the Act) by the Borrower of the Facility will facilitate and expedite the acquisition of the Facility by the Borrower. (2) The acquisition of the Facility by the Borrower and the financing and refinancing thereof as provided in this Resolu- tion will promote the declared legislative purposes of the Act by (a) creating jobs and employment, thus relieving conditions of unemployment in the State of Maryland and in Washington County; (b) encouraging the increase of industry and commerce and the creation of a balanced economy in the State of Maryland and in Washington County; (c) assisting in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland and in Washington County; (d) promoting economic development; and (e) promoting the health, welfare and safety of the residents of the State of Maryland and Washington County. (3) In addition to authorizing the County itself to acquire the Facility and either to lease or to sell the same to the Borrower, the Act authorizes facility financing to be accom- plished in the form of a loan by the County to the Borrower. The loan form of transaction avoids indirect costs and burdens on the County by eliminating any direct involvement by the County in the acquisition, ownership or administration of the Facility while permitting the imposition of ample controls on the use of the proceeds of the Bonds, thus insuring that the public purposes of the Act and the bond transactions are fully accomplished. Because it is in the best interests of the citizens of Washington County to finance the acquisition of the Facility by a loan to the Borrower, this Resolution contemplates and authorizes a transac- tion in the form of a loan of the proceeds of the Bonds by the -4- County to the Borrower. Accordingly, this Resolution, together with the written order to be executed by the President of the Board of County Commissioners of Washington County (the "Board") prior to the issuance, sale and delivery of the Bonds (the "Writ- ten Order"), the Loan Agreement and any other instrument pertain- ing to the issuance, sale or delivery of the Bonds including those instruments approved by the Written Order. (such other instruments, together with the Loan Agreement, collectively, the "Bond Docu- ments"), contains, or shall contain, such provisions as the County deems appropriate to effect the financing of the acquisition by the Borrower of the Facility by the loan form of transaction. (4) NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR GENERAL OBLIGATION OF THE COUNTY OR A CHARGE AGAINST, OR PLEDGE OF THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY, WITHIN THE MEANING OF ANY CONSTITU- TIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION, AND NEITHER SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF THE COUNTY. THE BONDS AND THE INTEREST THEREON SHALL BE LIMITED OBLIGATIONS OF THE COUNTY, REPAYABLE BY THE COUNTY SOLELY FROM THE REVENUES DERIVED FROM LOAN REPAYMENTS (BOTH PRINCIPAL AND INTER- EST) MADE TO THE COUNTY BY THE BORROWER ON ACCOUNT OF THE LOAN AND FROM ANY OTHER MONIES MADE AVAILABLE TO THE COUNTY FOR SUCH PURPOSE. The proceeds of the Bonds, and the payments to be made by the Borrower pursuant to the Loan Agreement, will be paid directly to a trustee or the holders of the Bonds in the event a trustee is not appointed for such purpose to be held and disbursed as shall be approved by the President of the Board in the Written Order. No such monies will be commingled with the County's funds but will be subject only to such limited supervision and checks as are deemed necessary or desirable by the County to insure that the proceeds of the Bonds are used to accomplish the public purposes of the Act and this Resolution. The transactions authorized hereby do not constitute any physical public betterment or im- provement or the acquisition of property for public use or the purchase of equipment for public use. The public purposes ex- pressed in the Act are to be achieved by facilitating the acquisi- tion of the Facility by the Borrower. (5) The Borrower is or will be a "facility applicant" and a "facility user" as defined in the Act and the Facility will be used; by the Borrower for manufacturing, warehouse and office uses within the purposes permitted by the Act. (6) The public purposes intended to be achieved by the County through the issuance of the Bonds will be achieved upon completion of the construction and acquisition of the Facility resulting in the location of new manufacturing, warehouse and office facilities in Washington County, Maryland. SECTION 2. FURTHER RE COUNTY COMMISSIONERS OF WASHINGTON COUNTY That a Coul approves and is authorized and empowered to issue, deliver, at any time or from time to time, the following -5- BOARD OF tyfl ereby sell and series of Bonds to be known as its "Washington County, Maryland, Economic Development Revenue Bond(s) (PSI Corrugated, Inc. Project)" (provided that such designation may be changed or may contain such other descriptive information as the President of the Board may prescribe in the Written Order) in a principal amount not to exceed $1,800,000 subject to the provisions of this Resolution. The proceeds of the Bonds will be loaned to the Borrower pursuant to the terms and provisions of the Loan Agreement, to be expended by the Borrower for the sole and exclusive purpose of financing and refinancing the acquisition of a Facility as specified in the Act (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement). The security and sources of payment for the Bonds shall be solely and exclusively as provided in Section 1 of this Resolution. The authority to issue the Bonds is intended to and shall include the authority to issue revenue refunding bonds. Reference herein to the "Bonds" shall include revenue refunding bonds where appropriate. In the event that any refunding bonds are issued pursuant to this Resolution, the outstanding principal amount of any "refunded bonds" (aa; hereinafter defined) shall not be taken into account in determining the aggregate principal amount of the Bonds issued, sold and delivered hereunder. The term "refunded bonds" means any Bonds (i) for the payment of which (both principal and interest) provision has been made from the proceeds (including any earnings on the investment thereof) of Bonds issued pursuant to this Resolution, or (ii) which have been paid from such proceeds, whether such provisions for payment, or such payment is made at or prior to the maturity of such Bonds. SECTION 3. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the President oTf the Board is hereby au orize , empowered, and directed to accept the Letter of Intent on behalf of the County in order to evidence the intent of the County to issue, sell and deliver the Bonds in accordance with the terms and provisions of this Resolution. This Resolution is intended to be, and shall constitute, evidence of the County's intent to issue and deliver the Bonds authorized hereby in accordance with the terms hereof when the Bonds are sold, provided that the County shall have no duty to obtain a purchaser or purchasers therefor and shall incur no pecuniary liability in the event the Bonds are not sold. The County and the Borrower contemplate that the Borrower may proceed with the acquisition of the Facility prior to the issuance, sale and delivery of the Bonds authorized hereby. SECTION 4. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHIN TON COUNTY, That the Bon s sha Zee executed in the name of the County and on its behalf by the President or Vice President of the board, by his or her manual v facsimile signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other author- ized officer) by his or her manual or facsimile signature. The -6- Bond Documents shall be executed in the name of the County and on its behalf by the President or Vice President of the Board by his or her manual signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other author- ized officer) by his cr her manual signature. In case any officer whose signature or a facsimile of whose signature shall appear on -- the Bonds or any of the aforesaid documents shall cease to be such officer before the delivery of the Bonds or any of the other aforesaid documents, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as i€ such officer had remained in office until delivery. The President of the Board, the Clerk to the Board and other officials of the County are hereby authorized and empowered to do all such acts and things and execute such other documents and certificates as the President of the Board may determine in the Written Order to be necessary to carry out and comply with the provisions hereof. SECTION 5. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That prior to the f� issuance, sale and a ivery of e Bonds, the President of the Board shall execute the Written Order, pursuant to which the President of the Board may (without limitation) specify, pre- scribe, determine, provide for or approve, all within the limita- tions of this Resolution and the Act, all matters, details, forms, documents and procedures pertaining to the sale, security, issu- ance, delivery and payment of or for the Bonds, including (without limitation): (a) the principal amount of the Bonds to be issued at any one time and from time to time, the rate or rates of interest thereon, the date or dates of maturity thereof, provisions for the payment thereof, prepayment, sinking fund and redemption provi- sions (if any) thereof, the designation or designations of the Bonds and of any series, and the date or dates of issuance thereof; (b) the form, tenor, terms and conditions of the Bonds, and provisions for the registration and transfer of the Bonds (if any); (c) the form and contents of, and provisions for the execution and delivery of, such financing documents as the Presi- dent of the Board shall deem necessary or desirable to evidence, secure or effectuate the Loan and the issuance, sale and delivery of the Bonds, including (without limitation) any loan agreements, notes, mortgages, security agreements, assignments, guarantees, financing agreements or escrow agreements; (d) provision for the payment directiy by ine norrowei of all expenses of preparing, printing and selling 'the Bonds, including (without limitation) any and all costs, fees and expens- es, incurred by or on behalf of the County in connection with the — authorization, issuance, sale and delivery of the Bonds, and all -7- costs incurred in connection with the development of the appropri- ate legal documents, including fees of counsel to the County, and compensation to any persons (other than full-time employees of the County) or entities performing services for or on behalf of the County in connection therewith and in connection with all other transactions contemplated by this Resolution, whether or not the proposed financing is consummated; (e) the creation of security for the Bonds and provi- sion for the administration of the Bonds, including (without limitation) the appointment of such trustees, escrow agents, payment agents, registrars or other agents as the Board shall deem necessary or desirable to effectuate the transactions authorized hereby; (f) the preparation and distribution, in conjunction with representatives of the Borrower and the prospective purchas- ers of or underwriters for the Bonds of any series, both a prelim- inary and a final official statement, placement memoranda or offering circular in connection with the sale of the Bonds of any series, if such preliminary official statement and final official statement, placement memoranda or offering circular are determined to be necessary or desirable for the sale of the Bonds of such series; (g) the form and contents of, and provisions for the execution and delivery of, a contract or contracts for the pur- chase and sale of the Bonds of any series (or any portion there- of); and (h) such other matters in connection with the author- ization; issuance, execution, sale, delivery and payment of the Bonds, the security for the Bonds and the Loan, and the consumma- tion of the transactions contemplated by this Resolution as may be deemed appropriate and approved by the President of the Board including (without limitation) establishing procedures for the execution, acknowledgement, sealing and delivery of such other and further agreements, documents, and instruments, and the author- ization of the officials of the County to take any and all ac- tions, as are or may be necessary or appropriate to consummate the transactions contemplated by this Resolution in accordance with the Act and this Resolution. SECTION 6. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, T at (a) THE ACT PROVIDES THAT NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND SHALL NEVER CONSTITUTE OR GIVE RISE TO PECUNIARY LIABILITY OF THE COUNTY. In order to implement Section 266F(e) of the Act stating that the Bonds shall never constitute or give rise to pecuniary liability of the County, the Written Order, the Loan Agreement, the Bonds and the Bond Documents may provide that no bondholder _ -8- shall look to the County for damages suffered by such bondholder as a result of the failure of the County to perform any covenant, undertaking or obligation under the Bond Documents, nor as a result of the incorrectness of any representation made by the County in the Bond Documents. Although this Resolution recognizes that the Bond Documents shall not give rise to pecuniary liability of the County, nothing contained in this Resolution or in the Bond Documents shall be construed to preclude in any way any action or proceedings (other than that element in any action or proceeding involving a claim for monetary damages against the County) in any court or before any governmental body, agency or instrumentality, or otherwise against the County or any of its officers or employ- ees to enforce the provisions of any of the Bond Documents. (b) Although the Bond Documents shall provide that the County shall have the right to seek remedies in the event of a default by the Borrower, it is contemplated that the County will assign the performance of obligations to take action to the trustee for the holder(s) of the Bonds or the purchaser or holder of the Bonds, in order to implement the purposes and intent of the Act, namely to facilitate the acquisition of the Facility by the Borrower without incurring any pecuniary obligation or liability of the County. Accordingly, if a trustee is appointed for such purpose, the trustee shall have the duty to act, whether or not at the direction of bondholders, in all instances in which the trustee for such Bonds may act and determines that action is appropriate. In any case where action by the trustee for the Bonds or the purchaser or holder of the Bonds requires simultane- ous or subsequent action by the County, the County will cooperate with such trustee or the purchaser or holder of the Bonds and take any and all action necessary to effectuate the purposes and intent of the Resolution and the Bond Documents. The performance by the trustee for the Bonds or the purchaser or holder of the Bonds of obligations under any of the Bond Documents permits the identifi- cation of all costs arising from the exercise of such obligations. The Bond Documents shall provide that the Borrower shall pay those costs in order to avoid any direct or indirect pecuniary burden on the County. SECTION 7. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That, as permitted bpeitted by the Act, the Bonds of each series shall be sold at private (nego- tiated) sale and at par, unless the President of the Board deems it to be in the best interests of the County to sell the Bonds of any series at public sale or by retail sale or above or below par, in which event the Bonds of such series shall be sold in such manner, at such price or prices and upon such terms as shall be determined in the Written Order to be in the best interests of the County. The Bonds of each series shall be sold at such times, on such dates and to such persons, firms or corporations (including, without limitation, banks or other financial institutions) as shall be determined by the President of the Board, with the consent of the Borrower. gt SECTION 8. AND BE IT FUR cvurTz GVl71g1351Ut4bNb Vr WASri1N(iTVN cuuNrY, •rnat the provisions or thisResolution are severable, and if any provision, sentence, clause, section or part hereof is held illegal, invalid or uncon- stitutional or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Resolution or their application to other persons or circumstances and the remaining provisions shall be construed so as to give practical realization to the public purposes intended to be achieved hereunder and the protection against pecuniary liability to be afforded to the County. It is hereby declared to be the legislative intent that this Resolution would have been passed if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included herein, and if the person or circumstances to which this Resolution or any part hereof are inapplicable had been specifically exempted herefrom. SECTION 9. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the County re- serves the right o refrain rom issuing the Bonds hereby author- ized or to postpone such issuance for such time or times as it may determine if it, in its sole discretion, determines (i) that the interest on the Bonds will or may not be exempt from federal income taxation, or (ii) that the issuance of the Bonds might prevent it from issuing its bonds the interest on which will be exempt from federal income taxation, to finance one or more other facilities at such time or times as it desires to issue such bonds for other facilities. SECTION 10. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WAiSHINL`TON—C , Tat unless such time per o .haTrbiTimit.d by other applicable law, in the event that the financing transactions contemplated by this Resolution shall not have occurred by July 8, 1986, the County's authorization under this Resolution shall terminate unless otherwise extended by resolution of the Board. SECTION 11. THE BOARD OF s Resohition e exgect =rom the eats or its aaoption. -10- PASSED AND ADOPTED this day of July, 1985. ATTESTS [SEAL) COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: Rona L. Bowe Press en Board of County Commissioners of Washington County -11�- EXHIBIT .A LETTER OF INTENT EXHIBIT B CERTIFICATION OF PUBLICATION o..Icso.'THE HERALD -MAIL COMPANY �. ;. Bajartaa7n, btd., Dt !s bKtrbp U,rtiflrb. That the annex advertisement has been p51h- i tUE *01m l6 ULtAID Usbed in ims DALLY MALL a daily "ewtppei pfr6tisbed In Washington County Maryland, tOt5.. . T. ...Z- ......... , J( LJpJ is THE HERALD -MAIL CO7 . A9 t •. • .... i.r . WY..�FW.w•]Y.t 1�..� L M V1\•..Wi Yom... ..,•It>. titi&e MY ....rte ' COUNTY COMMISSIOt OF WC.SMI NG TONCOL Court House Mogorstown. Maryland 17011791.7010 PUSLIC NOTICE Notice Is hereby given ors nor t i mum rat not or y__≥1 b. ww iY I L 40 ta(o F — d on Imis c tY at Iners DUN. L per g )on con. and L_ 'to IOtOn Dmic slna facLOXe a' able Nwrs •Intl - note I nOdI- ;M th ever oro root) Cam stntY matt Ior fho rt r ofN f posh to once Lilco ty 5� ocltulsi- In and {On0 Rollwav WaiiiigiOn 1 County. MOrvtasld. - r p lACitA OWNER OF FACIL' N COl'rtINO!• ad. Inc... PNOPosed uu OF .FACILTY: •T'h. "Fclltty ________ (iii w w..6% (D.: 'flop (twllef Of a mltulO[od • I( turina plant for Q rru9OtSd Ilberboard, Written f bcw! *his 1111 (III obe 1ssu0nCe of bondf moo be sent the County Comml sitMers Washington County, COurt Ho. Annex, MOaerstown, Moroi(, 71740, (7011 „l-3010, Attont. County Admintt trOtOf - COMM(9 ONQRS W A%,MI NOTON COON MARYLA'. Kothrvn F. S)', CI Packaging Services Of Maryland, Incorporated Governor Lane Boulevard Route 2, Box 43C Williamsport, Maryland 21795 (301) 223.6200 July 9, 1985 County Commissioners of Washington County c/o Leroy R. Burtner, Director Washington County Economic Development Commission Court House Annex Hagerstown, Maryland 21740 Re: $1,800,000 Washington County, Maryland, Economic Development Revenue Bonds (PSI Corrugated, Inc. Project) Ladies and Gentlemen: PSI Corrugated, Inc., a Virginia corporation (the "Borrower"), requests that County Commissioners of Washington County (the "County") participate in the financing of the acquisi- tion and construction of new facilities hereinafter described (the "Facility►") to be located in Washington County, Maryland, by authorizing, issuing and selling its economic development revenue bonds in a principal amount not to exceed $1,800,000 (the "Bonds"), pursuant to Sections 266A through 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume) as amended (the "Act"). It is intended that this letter, if accepted by the County, shall constitute a "letter of intent" as contemplated by Section 266A(h) of the Act. It is proposed that the County loan the proceeds of the Bonds (the "Loan") to the Borrower pursuant to the terms and provisions of a loan or similar agreement to be entered into by the County and the Borrower (the "Loan Agreement"). The Loan Agreement will require the Borrower to use the proceeds of the PACKAGING SERVICES OF MARYLAND, INCORPORATED County Commissioners of Washington County Page 2 July 9, 1985 Loan for the sole and exclusive purpose of financing the acquisi- tion and construction of the Facility by the Borrower as generally described herein and the payment of the costs of preparing and selling the Bonds and other costs as permitted by the Act. The Facility will be used by the Borrower as manufacturing, warehouse and office space in its business of manufacturing corrugated fiber board. The Bonds shall be repayable by the County solely from the revenue derived from loan repayments (both principal and interest) made to the County by the Borrower pursuant to the terms and provisions of the Loan Agreement and from any other monies made available to the County for such purpose. The Borrower is a "facility applicant" and "facility user" (as mentioned in Section 266A(h) and (i) of the Act). The Loan Agreement will require the Borrower to make Loan payments (both principal and interest) sufficient to pay (a) the principal of, and interest and redemption premium, if any, on, the Bonds, and (b) all expenses incurred by the County in connec- tion with the issuance and sale of the Bonds and the making and administration of the Loan, as the same become due and payable. The Borrower agrees that all costs of acquiring and constructing the Facility in excess of the proceeds of the Loan will be paid by the Borrower. The Loan Agreement will contain such other provi- sions as may be required by law and as may he agreed to by the Borrower, the County, and the purchaser(s) of the Bonds, as permitted by law. The Facility, which is a "facility" as defined in the Act, will consist generally of (i) approximately 18 acres of land known as Lots 10 and 11, 70.81 Industrial Park, intersection of Interstate 70 and the Western Maryland Railway, Washington County, Maryland (the "Land"); (ii) one or more buildings of approximately 48,000 square feet of manufacturing, warehouse and office space (the "Buildings"); (iii) equipment for the Buildings, including a corrugator (the "Equipment"); and (iv) any other improvements or interests in land necessary or desirable for operation of the Buildings, together with roads or other rights of access, utilities, and other facilities necessary to the acquisition, construction and operation of. the Facility. It is expected that within the first five years of operation, the Facility will provide employment for approximately 35 people. PACKAGING SERVICES OF MARYLAND, INCORPORATED County Commissioners of Washington County Page 3 July 9, 1985 The acquisition of the Facility will promote the de- clared legislative purposes of the Act by (a) creating jobs and thus relieving conditions of unemployment in the State of Maryland (the "State") and in Washington County, (b) encouraging the increase of industry and commerce and the creation of a balanced economy in the State and in Washington County, (c) assisting in the retention of existing industry and commerce and in the attrac- tion of new industry and commerce in the State and in Washington County, (d) promoting economic development, and (e) generally promoting the health, welfare and safety of the residents of the State and Washington County. Financial considerations have been a factor leading to the Borrower's decision to acquire the Facility and its decision has been influenced materially by the availability of economic development revenue bond financing. It is expressly understood and agreed that (a) the County will not incur any liability, direct or indirect, or any cost, direct or indirect, in connection with the issuance and sale of the Bonds, the making of the Loan or the rehabilitation, modernization and construction of the Facility, and (b) the Facility will be acquired so as to conform to the requirements of the Borrower. Accordingly, the Borrower will (a) select, super- vise and work with the suppliers and contractors and will provide, construct, and equip the Facility, and negotiate and approve all contracts, construction plans, drawings, specifications, and all financing arrangements in connection with the acquisition and construction of the Facility, and (b) pay all costs incurred by, or on behalf of, the County in connection with the issuance, sale, delivery and administration of the Bends, the making of the Loan, including the adiminstration thereof, and in connection with the acquisition and construction of the Facility, including (without limitation) all costs incurred in connection with the development of the appropriate legal documents necessary to effectuate the proposed financing and acquisition, including (without limitation) the fees of bond counsel to the County and compensation to any other person (other than full time employees of the County) performing services by or on behalf of the County in connection with the transactions contemplated by this letter of intent wh th i ui aul Life pZoposed financing and acquisition are consummated. It is further understood and agreed to by the Borrower that the proposal contained herein is subject to (a) a public PACKAGING SERVICES OF MARYLANn, INCORPORATED County Commissioners of Washington County Page 4 July 9, 1985 hearing to be held by the County pursuant to at least fourteen (14) days notice in a newspaper of general circulation in Washing- ton County, (b) the approval of, and appropriate action by, the Board of County Commissioners of Washington County which action includes, but is not limited to, passage by the County of a resolution implementing the financing of the project described herein and approving the Bonds (the "Resolution"), and either the passage of a final administrative resolution or the execution of a written order as will be provided for in the Resolution, and (c) the approval of detailed provisions of all documents pertaining to the financing as yet to be developed. The acceptance of this letter by the County shall constitute evidence of the present intent of the County to author- ize the issuance, sale and delivery of the Bonds and to authorize the Loan for the purposes described herein subject to the condi- tions described herein; provided, however, that the Borrower recognizes that: 1. The County cannot make any guaranty, promise or assurance that the terms and conditions (including, but not limited to, the principal amount of the Bonds to be issued, the rate or rates of interest the Bonds are to bear, the times that the interest on the Bonds is to be paid, the redemption provisions for the Bonds, the time the Bonds are to be executed, issued and delivered and their form, tenor and denomination) of the Bonds as actually authorized to be issued, will be acceptable to the Borrower; 2. The County can give no guaranty, promise or assur- ance as to the availability of ready, willing and able purchasers of the Bonds; 3. The County reserves the right to refrain from issuing the Bonds hereby authorized or to postpone such issuance for such time or times as it may determine if it, in its sole discretion, determines (1) that the interest on such Bonds will or may not be exempt from federal income taxation, or (ii) that the issuance of such Bonds might prevent it from issuing its bonds, the interest on which will be exempt from federal income taxation, to finance on or more other raciliti oL bu h tiiic V1 i.iuc 4,S it desires to issue such bonds for other facilities; and 4. Pursuant to Section 8 of Executive Order 01.01.1985.01 of the Governor of the State of Maryland titled PACKAGING SERVICES OF '.1ARYLAND, I,'ICORPORATEi County Commissioners of Washington County Page 5 July 9, 1985 "Proclamation on Private Activity Bond Allocations for 1985 and Later", the Borrower must make best efforts to use minority firms, as defined in Section 8-601 of Article 21 of the Annotated Code of Maryland, as amended, in the construction of the Facility or the provision of services or supplies with the proceeds of the Bonds. The County's adoption of the Resolution and its accep- tance of this letter of intent are intended solely to implement the financing of the project described herein by enabling the issuance and sale by the County of the Bonds. Neither the accep- tance of this letter of intent nor the adoption of the Resolution will constitute any assurance by the County to any prospective purchasers of the Bonds that (i) the Borrower will have the ability to repay the Loan, (ii) the Facility will be feasible economically or otherwise, (iii) the Facility will be completed, or (iv) the Facility will be in compliance with applicable County, State or Federal laws. The Borrower agrees to use its best efforts to complete the financing contemplated hereunder and to acquire and construct the Facility. It is also understood and agreed that the County re- serves the right to withdraw the authorization set forth in the Resolution and this letter of intent should either the Facility or such authorization prove to be in violation of the County, State or Federal laws applicable to the Facility or such authorization unless appropriate steps are taken by the Borrower to alter the Facility or otherwise, to bring the proposed. Facility or financing into compliance with such laws. The Borrower intends that the interest payable on the Bonds shall be exempt from federal income taxation pursuant to Section 103(b) of the Internal Revenue Code of 1954, as amended. The Borrower acknowledges that certain legislation has been enacted which, among other things, may adversely affect the exemption from federal income taxation with respect to the inter- est payable on the Bonds, limit the use which may be made of the proceeds of the Bonds, or limit by a volume cap the ability of the County to issue bonds or other obligations, the interest payable on which is tc be exempt from federal ir.comc tux ation. The Borrower agrees that it will provide all certifica- tions (including opinions of its counsel) required by bond counsel to the County in order to establish that interest on the Bonds PACKAGI'G SLRVICI;S OF MARYLAND, INCORPORAT1U) County Commissioners of Washington County Page 6 July 9, 1985 will be exempt from Federal income taxation (including certifica- tions enabling the County to certify that the Bonds are not arbitrage bonds). The Borrower also agrees that in the event that it determines that a portion of the Land to be acquired out of the proceeds of the Bonds is not required for operations of the Borrower, any proceeds from the sale of the Land shall be applied to a reduction of principal on the Bonds. Neither the Bonds, nor any interest thereon, shall ever constitute an indebtedness or a charge against the general credit or taxing powers of the County, within the meaning of any consti- tutional or charter provisions or statutory limitation, and neither shall ever constitute or give rise to any pecuniary liability of the County. In the event that the financing transactions contemplat- ed by this letter of intent shall not have occurred by July 8, 1986 (or such shorter period if required by applicable law), the County's authorization under this letter of intent shall terminate. very truly yours, P CORRUGATED, By. Verson EI (Name) President (Title) Accepted this f day of July, 1985, pursuant to a Resolution passed by the county Commissioners of Washington County on July , 1985, by the President of the Board of County Commis- sioners o Washington County. ATTEST: Kathryn SS ort- It COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: ;") A L� Ronald L. o e s, rest ent Board of County Commissioners of Washington County July 23, 1985 Hagerstown, Maryland 21740 I I 1 Li I The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 10:00 a.m. by the President Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette arid Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers followed by the Pledge of Allegiance to the Flag by the full Assemblage. SELF INSURANCE PLAN - WORKERS COMPENSATION Alan Davis, Personnel and Employee Benefits Administrator, appeared before the Commissioners to submit an eight -year analysis of workers compensation claims against the county for their information in considering a self -insured worker's compensation program. The analysis revealed that, had the county been self -insured during that period, it would have saved approximately $500,000. Mr. Davis said that the Maryland Workmen's Compensation Commission had granted approval to the county's plan. He also explained that Carroon and Black, Inc., who had submitted a id of the self-insurance package, would provide the Stop/Loss Insurance Coverage on exceptionally large claims. MOTION made by Commissioner Roulette, seconded by Snook to establish a self-insurance program for county workers compensation claims and to award the bid for excess insurance to Carroon & Black, Inc. for coverage in place at $10,000,000 excess of $175,000 retention, annual aggregate cap of $350,000, with this coverage to be re -bid in six months. Unanimously approved. At this time Commissioner John R. Salvatore arrived at the Meeting. PETITIONS RE MARTINS CROSSROADS WATER PROJECT After due consideration of the petitions submitted for expansion of the proposed Martins Crossroads/Cearfoss Water System, and the petition to exclude Route 58 (Cearfoss Pike) from the System, a MOTION was made by Commissioner Downey, seconded by Roulette and unanimously adopted to include Resh Road to Spade Road, inclusive of the residents on Ruby Circle and Mt. Tabor Church Road, and to include Broadfording Church Road as an alternate construction bid to determine its economic feasibility for inclusion in the system. BID OPENING - TOURISM BROCHURE B ds for printing 50,000 Tourism Brochures were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Cumberland Valley Offset, Inc. - $4,600, Printer's Inc. - $3,577, Tri-State Printing - $4,447, Hagerstown Bookbinding - $4,232. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - SOUTH COUNTY PARK PROJECT Bids for the South County Park Project were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Stamper Construction Company - Base Bid #1 $33,000, Base Bid #2 $388,000 Alt. #1 $23,800; Richard F. Kline, Inc. - Base Bid #1 $16,155, Base Bid #2 $255,280, Alt. #1 $9,580; P. & W. Excavating - Base Bid #1 $17,000, Base Bid #2 S169,900, Alt. #1 $10,300; C. Willizm Hetzer, inc. - Base Bid #1 $28,000, Base Bid #2 $165,000, Alt #1 $10,000; Henson & Son, Inc. - Base Bid #1 $24,700, Base Bid #2 $285,632, Alt. #1 $31,850. The bids will he reviewed by appropriate officials prior to a decision being rendered. BID OPENING - TRAFFIC PAINT AND BRADS B ds or Traffic Paint and Beads were publicly opened and read aloud. rlrm par- ticipating in the bidding and their proposals were as fellows: Wa,'a n.eebe Du=lders Supply - yellow paint $3.97 per gal., white paint $3.94 per gal.; Sherwin Williams yellow pairii. $4.13 per gal., white p1nt $4 11 per gal_; traffic beads $.29 per lb. or $14.50 50 -lb. bag; Potters Industries, Inc. - traffic beads $11,6885 per 50 lb. bag; Flex-O-Lite - traffic beads $.21832 per lb.; Redland Prismo - yellow paint $3.88 per gal., white paint $3.93 per gal. The bids will be reviewed by appropriate officials prior to a decision being rendered. (Decision rendered during Afternoon Session, this date.) BID OPENING - BULK ICE -CONTROL ROCK SALT B s or u ce-c�ontro rock salt were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Morton Salt Division - $41.80 per ton to all lc.cations; International Salt Company - $31.22 per. , ll iuC6�. i.vn +....... The bids w1_ll ha reviow•ad by appropriate officials prior to i. �a....... a decision being rendered. (Decision rendered during Atter.nco„ Session, this date.) JULY 23, 1985 MINUTES, CONT'D. STATEMENTS RE MARTINS CROSSROADS/CSARFOSS WATER SYSTEM David Powell and Robert Roane, Eroadfording Church Road area residents, appeared before the Commissioners to suggest that firm costs be established for each section proposed to be added to the Martins Crossroads/Cearfoss Water System service area. They said they would not oppose the system if the costs were reasonable. Sanitary Commission officials statod that these costs could not be determined until the boundaries were established and the project put out for bids. He said that, when the bids were opened and if costs appeared to be unreasonable, it may be incumbent upon the Sanitary Commission to take the project back to Public Hearing. It was also pointed out to Messrs. Powell and Roane that the subject area was included in the service area mandated by the State for public water service. MOTION made by Commissioner Downey, seconded by Salvatore to DENY the petitioners requesting exclusion of Route 58 (Cearfoss Pike) from the service area mandated by the State Department of Health and Mental Hygiene for a public water system. Unanimously approved. APPOINT ACTING COUNTY ATTORNEY Mot on made by Commissioner Salvatore, seconded by Roulette to appoint William McC. Schildt as Acting County Attorney to serve in an official capacity in the absence of David K. Poole, Jr., County Attornay. Motion carried with Commissioner Salvatore, Roulette, Downey and Bowers voting "AYE" and Commissioner Snook "ABSTAINING". AMRNDilENT TO SHELL BUILDING RESOLUTION Mot on made by Commissioner Roulette, seconded by Salvatore to Amend the Shell Building Resolution by revising Section 6 to read as follows: SECTION 6 - In connection with the borrowing and the construction of the Shell Building described in this Resolution, the Board of County Commissioners of Washington County, Maryland and/or other appropriate officials of the County are hereby authorized and empowered: (a) To accept the Letter of Commitment in order to further indicate the commitment of the County to participate in the financing of and the construction and finishing of the Shell Building; and (b) To execute such other documents, instruments and certificates as are necessary or appropriate to consumate such borrowing, construction, finishing, including, but not limited to, the Mortgage and Building Loan Agreement, leases, mortgages, deeds of trust, notes, bonds, or other evidences of indebtedness, assignments, insurance agreement, security agreement and any and all necessary financing statements. Unanimously approved. RECESS The Meeting was recessed at 11:45 a.m. for lunch and inspection of the Shell Building in the Washington County Industrial Park. AFTERNOON SESSION T e Afternoon Session was convened at 2:00 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. REAPPOINTMENT TO HOUSING AUTHORITY Motion made by Commissioner Roulette, seconded by Snook to reappoint Edwin Schroyer to serve as a member of the Washington County Housing Authority for a five (5) year term. Unanimously approved. RE/APPOINTMENTS TO AREA AGENCY ON AGING ADVISORY COUNCIL ETmade by Commissioner Roulettb, seconded by Snook to reappoint Ida Jo Martin and Emily Leatherman and appoint Arthur Katz to serve for three (3) year terms as members of the Area Agency on Aging Advisory Council. Unanimously approved. rcv INT!_rrr TO CONVRV PROPERTY IN CASCADE ! � Mot on made y Comm ss oner Roulette, seconded by Snook to advertise the County`s intention to convey approximately 1 1/2+- acres of land located at the intersection of Pennersville Road and Buena Vista Road in Cascade, Maryland, to the adjoining property owners at no cost to the county and subject to a favorable public response from the publishing of the Notice. Unanimously approved. MINUTES OF COUNTY COMMISSIONERS MEETINGS OF JUNE 25 AND JULY 2, 1985 Motion made y Comm-CssToner Downey, seconded by Roulette to approv eof the Minutes of the County Commissioners Meetings of June 25 and July 2, 1985, as submitted. Unanimously approved. I it �II it JULY 23, 1985 MINUTES, CONT'D. I I I I ACCEPT PAYMENT IN LIEU OF TAXES - RYDER/P-I-B Motion made by Commissioner Roulette, seconded by Downey to abate the one-half 1984-85 year tax bill for Ryder/P-I-E Nationwide, Inc., and accept the like amount of $1,709.60 payment in lieu of the taxes. Unanimously approved. AUCTIONEER FOR ROADS DEPARTMENT SALVAGE SALE Motion made by Commissioner Roulette, seconded by Snook to select Robert Mullendore as the auctioneer for the annual salvage sale to be held at the Roads Department in the fall. Unanimously approved. INSTALL WORD PROCES3OR/COMPUTER AT ROADS DEPARTMENT Motion made by Commissioner Roulette, seconded by Downey to approve of the installation of a Sperrylink Office Systems computer and word processor for the Roads Department, with the proceeds from the annual salvage sale applied to the cost of this equipment. Unanimously approved. ANARD BIDS - ICE -CONTROL SALT, TRAFFIC PAINT AND BEADS Motion made by Commissioner Downey, seconded by Salvatore to award the bids opened during the Morning Session, this date, for Roads Department materials to the following low bidders: Bulk Ice -Control Salt to International Salt Company at $31.22 per ton; Traffic Paint to Prismo Industries for yellow paint @ $3.88 per gal, and white paint @ $3.93 per gal.; Traffic Beads to Flex -O -Late for $10.92 per 50 lb. bag. Unanimously approved. CHANGE ORDER #113 - SHELL BUILDING #2 Motion made by Commissioner Salvatore, seconded by Snook to approve of Change Order No. 113 to the Shell Building #2 Contract with Perini Construction, Inc. to furnish and install a wood split (Dutch) door and frame in lieu of a hollow metal door and frame for Door #33 for an additional amount of $246. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 2:35 p.m. in regard to potential litigation, personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Snook to reconvene in Regular Session at 3:50 p.m. Unanimously approved. ADVERTISE TO FILL LABORER II POSITION AT ROADS DEPARTMENT Mot on made by Commissioner Salvatore, seconded by Roulette to authorize advertising to fill the Laborer II Position vacancy at the Roads Department and all other resulting vacancies. Unanimously approved. APPROVE TRANSFER TO AIRPORT M.E.O. III POSITION Motion made by Commissioner Downey, seconded by Salvatore to approve of the transfer of Ronald Poffenberger from the Roads Department to fill the vacant M.E.O. III position at the Airport. Unanimously approved. ADJOURNMENT Motion made by Commissioner Snook, seconded by Roulette to adjourn at 4:00 p.m. Unani' o'isly approved. , i1I&/L my At o e __, Clerk August 6, 1985 Hagerstown, Maryland 21740 I I G I I The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 10:00 a.m. by the President Ronald L. Bowers with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and John R. Salvatore. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Ted Wolford, Roads Department Superintendent, followed by the Pledge of Allegiance to the Flag by the full Assemblage. INTRODUCTION OF EXCHANGE STUDENTS Commissioner Salvatore introduced two exchange students visiting from France - Dao Vguyen who is staying with Commissioner Salvatore and his family, and Caroline Terrier who is staying with the John Schildt family. Commissioner Salvatore presented them with "Maryland Memories" regarding Washington County and the State of Maryland. SIGNING OF UNION CONTRACT Harold Fox, AFSCME Representative and Carl Manning, representing Local 67, met with the Commissioners to sign the Union Agreement for the period July 1, 1985 - July 1, 1988 for County Roads Department and Landfill employees. MOTION made by Commissioner Roulette, seconded by Salvatore to radify the proposed Union Agreement as submitted for the period coverning July 1, 1985 - July 1, 1988. Unanimously approved. OPTION AGREEMENT Motion made by Commissioner. Salvatore, seconded by Downey to purchase 932 sq. ft. for a right-of-way at the intersection of Maryland Rt. 65 and West Oak Ridge Drive in fee simple in the amount of $950 from Joan L. and Donald L. Bowman in conjunction with the agreement that the State Highway Administration make the necessary improvements. Unanimously approved. REZONING CASES - RZ-289, 290, 314-323 After due consideration of all the matters and facts adduced at the public hearing held on June 10, 1985, the comments submitted in writing within the 10 day period following said hearing, and the recommendations from the Planning Commission regarding rezoning cases RZ 289, 290, 314-323, the following decisions were rendered. RZ-290 Motion made by Commisisoner Roulette, seconded by Downey to approve of the rezoning of all properties as recommended by the Planning Commission with the exception of the lands of John Young, located on the west side of Robinwood Drive, which will be classified RS-PUD; and that approximately four (4) acres of the Rowland Brandenburg property on Northern Avenue will be designated BL (Business, Local), to be precisely delineated on a plat to be provided by counsel for the property owner, and to adopt the findings of fact of the Planning Commission in this Case as the findings of fact of this Board. Unanimously approved. RZ-289 Motion made by Commissioner Roulette, seconded by Salvatore to amend the text of Section 16.4(D) of the Zoning Ordinance to read "AND SHALL NOT BE CONSTRAINED BY TIME PERIODS AS SPECIFIED IN SUBSEQUENT PARAGRAPHS". Unanimously approved. Motion made by Commissioner Roulette, seconded by Downey to amend Section 16.5(a)3 of the Zoning ordinance by adding the language "REQUESTS FOR EXTENSION MAY BE GRANTED BY THE COMMISSION FOR GOOD CAUSE". Unanimously approved. Motion made by Commissioner Salvatore, seconded by Roulette, to add the language suggested by the Department of State Planning to Section 16.7(A) of the Zoning Ordinance to read as follows: IN DETERMINING THE SPECIFIC DENSITY FOR A PARTICULAR ?UD,OR FOR ANY PARTICULAR PHASE OF A PUD, THE PLANNING COMMISSION SHALL GIVE CONSIDERATION TO AND SHALL MAKE THE FINDINGS OF FACT CONCERNING, AT A MINIMUM, THE IMPACT OF THE PROPOSED DEVELOPMENT ON ADJACENT PROPERTIES, THE AVAILABILITY OF PUBLIC FACILITIES, THE IMPACT OF THE PROPOSED DEVELOPMENT ON PUBLIC ROADWAYS, THE IMPACT ON PUBLIC SCHOOLS, FIRE AND POLICE PROTECTION, AND THE AVAILABILITY OF ADEQUATE OPEN SPACE". Unanimously approved. AUGUST 6, 1985 MINUTES, CONT'D. RZ-314 Motion made by Commissioner Salvatore, seconded by Roulette to approve the rezoning of 18.64 acres at the northwest quadrant of Robinwood Drive and Mt. Aetna Road from "RS" to "BL" due to a change in the character of the neighborhood. Motion made by Commissioner Downey, seconded by Salvatore to TABLE any action until such time that the Commissioners can look at the site. Unanimously approved. BID OPENING - AIRPORT A.I.P. A bid for the Airport Improvement Project for taxiway and lighting was publicly opened and read aloud: Richard F. Kline, Inc. - Alt. #1 - $421,346.50 for the complete project, Alt. #2 - $283,714.20. The bid will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - HALFWAY BOULEVARD One bic for drainage improvement and roadway work at Halfway Boulevard/Virginia Avenue was publicly opened and read aloud: C. William Hetzer - $155,022. The bid will be reviewed by appropriate officials prior to a decision being rendered. 12 321-322 Motion made by Commissioner Roulette, seconded by Downey to withdraw and have the Planning Commission reconsider rezoning cases RZ 321-322 due to testimony received at the public hearing on June 10, 1985. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Downey to convene in Executive Session at 11:25 a.m. in regard to personnel matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND RECESS Mct on made by Commissioner Roulette, seconded by Downey to reconvene in Regular Session at 12:30 p.m. and to recess for lunch. ADTERNOON SESSION The Afternoon Session was convened at 1:00 p.m. with President Bowers presiding and Commissioners Downey and Roulette present. CONTINUATION OF REZONING CASES - RZ-316 Motion made by Commissioner Roulette, seconded by Downey to approve the application for rezoning for the Hagerstown/Washington County Industrial Foundation 70/81 Industrial Park for 53.38 acres from HI to IG and to adopt the findings of fact of the Planning Commission in this Case as the findings of fact of this Board. Unanimously approved. R2-317 Motion made by Commissioner Roulette, seconded by Downey to approve the rezoning of 8 acres at the south side of Maryland Rt. 34, three miles west of Sharpsburq from Conservation to BG (Business, General) due to a mistake in the original zoning. Unanimously approved. RZ-319 Motion made by Commissioner Roulette, seconded by Downey to DENY the application of Charles & Lindora Geiser for rezoning of 44,159 sq. ft. in the Leitersburg vicinity from RR to BG, and to adopt the findings of tact of the Planning Commission in this Case as the findings of fact of this Board. Unanimously approved. R2 323-324 Notion made by Commissioner. Roulette, seconded by Downey to approve the request of the Board of Zoning Appeals for a text amendment to Section 6.2(c), Section 6.5, and Section 23.5 of the Zoning Ordinance. Unanimously approve. Motion made by Commissioner Roulette, seconded by Downey to include "grandchild" in the definition of immediate family member in the Subdivision Ordinance, Section 202.19. Unanimously approved. TABLE DISCUSSION OF REZONING CASES notio❑ mau uy CvmmiaG once I^• ette vA,nnded by Downev tc TABLE further discussion of rezoning cases until Commissioner Salvatore returns to the Meeting. Unanimously approved. I II r, AUGUST 6, 1985 MINUTES, CONT'D. APPOINTMENT - MMEMSAC Motion nade by Commissioner Roulette, seconded by Downey to appoint Verna Brown, secretary for Fire & Rescue Communications, as the Civil Defense representative to the Mid -Maryland Emergency Medical Services Advisory Council. Unanimously approved. BID AWARD - SOUTH COUNTY PARK Motion made by Commissioner Downey, seconded by Roulette to award the bid for South County Park to P & W Excavating which submitted the low bid, at a total base bid of a ""186,900 and to include Alt. N1. Unanimously approved. FCC PROPOSED REGULATIONS - ANTENNAE The Commissioners decided to communicate with federal representatives to express opposition to proposed FCC regulations regarding satellite antennae which would preempt local zoning regulations. At this time Commissioner Salvatore returned to the meeting and the Commissioners continued consideration of rezoning cases. RZ-315 Motion made by Commissioner Roulette, seconded by Salvatore to approve the proposed application for rezoning of Donald E. Thompson from "A" Agriculture to "RR" Residential Rural due to a mistake in the original zoning. Unanimously approved. RZ-318 Motion made by Commissioner Salvatore, seconded by Roulette to TABLE a decision on rezoning case RZ-318 until next Tuesday, August 13. Unanimously approved. RZ-320 Mot on made by Commissioner Roulette, seconded by Salvatore to APPROVE a text amendment to Section 28.73 to allow a landowner to designate the front of his lot on a panhandle -shaped property. Motion carried with Commissioners Bowers, Roulette and Salvatore voting "AYE" and Commissioner Downey "ABSTAINING". HIGHFIELD WATER PROJECT The Commissioners agreed to provide up to the originally agreed upon amount of $440,962 to the Highfield Water Project less the amount that Frederick County pays as their portion of the project. MARTINS CROSSROADS WATER PROJECT The Commissioners authorized Neil Curran, Housing & Community Development Director, to approach HUD in regard to applying the unused Block Grant fund monies designated for the Maugansville/Orchard Hills hook-up assistance project to the Martins Crossroads project to be used for hook-up assistance. BUDGET REVISIONS MMMotion made —y Commissioner Downey, seconded by Salvatore to revise the budget line item amounts from the suggested fund balance as follows: - State's Attorney, Salaries Other, to be reduced - $ 4,849 Tourism Center, Breezewood, Wages Reg.,, increase - $ 200 - Tourism Center, 1-70, Wages Reg., increase - $ 200 - Tourism Center, I-81, Wages Reg., increase - $ 200' - Park Supervision, Wages Regular, increase - $12,251 - Housing & Community Development, Salaries, Other Staff, increase - $ 1,214 - Airport Fund, Wages Overtime, increase - $ 600 Total i1T6 Unanimously approved. CHANGE ORDER - SHELL BUILDING Motion made by Commisshoner Roulette, seconded by Downey to approve change order Nos. 114-117 for the Shell Building as submitted. Unanimously approved. DISASTER DECLARATION Mot on made by Comm ssioner Roulette, seconded by Downey to approve the declaration of a disaster area as submitted by Raymond S. Hawbaker, ASDA, for fruit growers in order to allow them to petition :.overnor Huyhes IVL dioastaC a.,o...t....cc fcr the jI fruit industry. Unanimously approved. AUGUST 6, 1985 MINUTES, CONT'D. TRAFFIC SIGNAL DESIGN - EASTERN BOULEVARD Motion made by Commissioner Roulette, seconded by Downey to select the low proposal from the firm of Street Traffic Studies Ltd. for $2,552, to design traffic signalization for Rt. 64 and Eastern Boulevard. Unanimously approved. PROPERTY TRANSFER The Commissioners agreed to advertise their intention to transfer property in Hancock between the Board of Education and the Prowler Company and in turn for the Board of County Commissioners to convey to Prowler the land for right-of-way. Unanimously approved. AMENDMENT - POS PROGRAM Motion made by Commissioner Salvatore, seconded by Downey to amend the annual POS Program to include a 3.2 acre parcel in Boonsboro being donated for use as a mini - park. Unanimously approved. CAPITAL PROJECTS - PARKS Motion made by Commissioner Roulette, seconded by Salvatore to use excess funds from the County Office Building overlay project for resurfacing of tennis courts at Clear Spring and widening of walkways at Halfway Park. Unanimously approved. REQQBST FOR COMMUNICATIONS EQUIPMENT T e Commissioners wilf -consider requests for Communications Equipment by the Potomac Valley Fire Company and from James Kittel regarding the coffee wagon with the 1986 budget requests. BID AWARD Notion made by Commissioner Roulette, seconded by Salvatore to award the bid for -the tourism brochure to Printers Inc. for their low bid of $3,577. Unanimously approved. PROMOTE ROADS DEPARTMENT EMPLOYEE Motion made by Commissioner Roulette, seconded by Downey to promote Ronald McCarty to Supervisor in the Western Section of the Roads Department and to fill the vacancy created by Mr. McCarty's promotion. Unanimously approved. RMPLOY MAINTENANCE RAN - AIRPORT Motion made by Commissioner Salvatore, seconded by Roulette to employ Monte Miller as Maintenance Man at the Washington County Regional Airport.. Unanimously approved. HOARD OP EDUCATION - WORKMEN°S COMPENSATION APPLICATION Notion made byinissloner Roulette, seconded by Salvatore to approve the application of the Board of Education to participate in the Maryland Association of Boards of Education Workmen's Compensation Program. Unanimously approved. RECONVENE IN EXECUTIVE SESSION otion made by Commissioner Downey, seconded by Salvatore to reconvene in Executive Session in regard to personnel and property matters at 2:40 p.m., pursuant to the authority contained in Article 76(A), Section 1](a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND ADJOURN Mot on made by Commissioner Downey, seconded by Roulette to reconvene in Regular Session and adjourn at 3:10 p.m. Unanimously approved. ty Attorney w.ir i Clerk I I I August 13, 1985 Hagerstown, Maryland 21740 I I I I The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 8:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook followed by the Pledge of Allegiance to the Flag by the full Assemblage. REZONING CASE - 314 VOTE ON TABLED MOTION Motion made by Commissioner Salvatore, seconded by Roulette to call the Question on the Motion tabled at the Meeting of August 6, 1985 to APPROVE of the application of Robert B. Stone, Attorney for Sarah A. Eyler, for the reclassification of- land located on the NW side of Robinwood Drive and NE side of Mt. Aetna Road, consisting of 18.64 acres from Residential Suburban (RS) to Business Local(BL) based upon a change in the character of the neighborhood and a mistake in the original mistake. Unanimously approved. The Question was called and the Motion was unanimously passed. REZONING CASE — 318 After due consideration of the matters and facts adduced at the Public Hearing held on June 10, 1985, the comments submitted in writing within the ten (10) day period following said Hearing, and the recommendations submitted by the Planning Commission, a MOTION was made by Commissioner Snook, seconded by Salvatore to APPROVE of the application of Agnes Elliott, Frederick W. Morrison and Eastern State Soilbuilders, Inc. for the reclassification of land located at the south end of Sharpsburg off Maryland Route 34 consisting of 22.3 acres and 8.5 acres to RN (Residential Multi -family) and 13.8 acres to BG (Business General) on the basis of a mistake in the original zoning. MOTION made by Commissioner Roulette, seconded by Salvatore to amend the aforegoing Motion to APPROVE of .8 acres owned by Eastern State Soilbuilders, Inc., 1 acre owned by Frederick W. Morison and 12 acres owned by Agnes Elliott to BG (Business General) and to DENY the rezoning for 8.5 acres owned by Agnes Elliott to RN (Residential, Multi -family). Unanimously approved. The Question was called and the Original Motion, as amended, was unanimously approved. APPOINTMENTS TO NSA GOVERNING BODY Motion made by Commissioner Roulette, seconded by Downey to appoint Robert L. Brandt, for a tern to expire August 1987, and Clara Clow, for a term to expire August 1986, as members of the Health Systems Agency of Western Maryland Governing body. Unanimously approved. APPOINTMENT TO CHILDREN'S COUNCIL Motion made by Commissioner Roulette, seconded by Salvatore to appoint Susan Rackley to serve as a member of the Washington County Children's Council for a three year term. Unanimously approved. RESOLUTION ENDORSING FY 1986 UNIFIED PLANNING WORK PROGRAM Motion made by Commissioner Downey, seconded by Salvatore to adopt a Resolution ends..,ing the FY 1986 Unified Planning Work Program adopted by the Board of County Commissioners on July 30, 1985, and approving its submission to the Urban Mass Transportation Administration and the Federal Highway Administration. Unanimously approved. REVENUE SHARING TRANSFERS Motion made by Commissioner Salvatore, seconded by Snook to approve of a Revenue Sharing transfer to cover eligible expenditures for the period April 1, 1985 through June 30, 1985 for the following amounts: General - $132,581.28, Highway $233,768.21, Ca?ital Projects - $1.94,909.75 for a total of $561,259.24. Unanimously approved. AWARD BID - AIRPORT PROJECT Mot on made by Commissioner Snook, seconded by Roulette to award the contract for. the Airport A.I.P. 3 Project to Richard F. Kline who submitted the only bid of $28.3,714.20, including Alternate #2, subject to F.A.A. approval. Unanimously approved. ------------------------ ---- AUGUST 13, 1985 MINUTES, CONT'D. TERMINATE DEED RESTRICTIONS - AIRPORT INDUSTRIAL PARK Motion made by Commissioner Downey, seconded by Roulette to enter into an agreement with the City of Hagerstown together with all of the owners of property or tenants located in the Airport Industrial Park, to terminate certain conditions, covenants, restrictions, reservations and easements that were in effect as set forth in a Declaration dated December 15, 1959, since this land is now subject to the provisions of the Zoning Ordinance and the Subdivision Ordinance effective in Washington County. Unanimously approved. MINUTES OF COUNTY COMMISSIONERS MEETINGS Mot on made by Commissioner Downey, seconded by Salvatore to approve of the Minutes of the County Commissioners Meetings of July 9 and 16, 1985, as submitted. Unanimously approved. ADVERTISE INTENTION TO CONVEY PROPERTY TO ESHELMAN Motion made by Commissioner Downey, seconded by Salvatore to advertise the County's intention to covey .976+/- acres of land that was a portion of the former Reid School property to John M. Eshelman, adjoining property owner. Unanimously approved. AGREEMENT TO TRANSFER STATE ROADS INTO COUNTY SYSTEM of on made by Commissioner Snook, secondedy Downey to enter into an agreement with the State Highway Administration for the transfer of roads designated in said agreement into the County Roads System, with the provision that all work remaining to be completed on the roads is identified and attached to and made a part of the transfer agreement. Unanimously approved. ACCEPT STREETS INTO COUNTY SYSTEM - FOUNTAIN HEAD ESTATES Motion made by Commissioner Roulette, seconded by Salvatore to accept the Deed for Woodburn Drive and Woodburn Court in Fountain Head Estates, Section 1, into the County Roads System, and the maintenance bond submitted by the developer. Unanimously approved. CHANGE ORDERS - SHELL BUILDING #2 Motion made by Commissioner Salvatore, seconded by Roulette to approve of Change Orders #117, #11P„ and 1119 to the Shell Building #2 (Dutcher) Contract. Unanimously approved. A3IARD BID - HALFWAY BOULEVARD PROJECT Motion made by Commissioner Downey, seconded by Snook to award the contract for the Halfway Boulevard Project to C. William Hetzer, Inc. who submitted the only bid of $155,022, and to appropriate the additional funds over budget for this project from Capital Contingency. Motion carried with Commissioners Downey, Snook, Salvatore and Bowers voting "AYE" and Commissioner Roulette "ABSTAINING". I� STATUS REPORT - ENGINEERING PROJECTS li Mann Dull, County Engineer, appeared before the Commissioners and reported on the status of the following projects: 1. All right-of-way options have been obtained for the Eastern Boulevard Project and it is ready for advertising for bids, with completion projected for October 1986. 2. New federal regulations could result in :3ix county bridges being reduced to a six or seven ton load limit until repairs are made. 3. Waivers from requiring concrete ditching when making utility cuts only applied to the Fountainhead/Maugansville and Tammany/Van Lear Sewer Projects and all inspectors have been so informed. RETURN COURT HOUSE DRAWING TO MILLER HOUSE III An or 1 i ial ... ay.ng . the Court House Trh hurned in the 1870's was removed from the Commissioners Meeting Room and given to representatives of the Historical Society to be returned to the Miller House. DONATION TOWARD HALFWAY PARK POOL PROJECT Ed Harr man, President O the Halfway Ltons Club, Edgar Barton, Chairman of Halfway Park Days, and Roger Snyder, Pool Committee Chairman, appeared before the Commissioners to present them with a check for S16,000 toward the Halfway Park Pool Project, which was gratefully accepted. it was pointed out that $86,000 had been donated by the Club toward the estimated $350,000 project. They also showed the Commissioners a design concept of the pool and said that the final design should be coii, at d in Srptei'ber. yi .. t. .. _.. AUGUST 13, 1985 MINUTES, CONT-D. I I I El RECESS The Meeting was recessed at 9:30 a.m. for groundbreaking ceremonies for the new Citicorp Plant followed by a reception and luncheon. AFTERNOON SESSION The Afternoon Session was convened at 2:00 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. BID OPENING - KEEPER ROAD AND SPRECHER ROAD BRIDGES Bids for the rehabilitation of Keefer Road Bridge at Lanes Run and two (2) Sprecher Road Bridges at Marsh Run were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Building Systems, Inc. - $96,070, Richard F. Kline, Inc. - $165,281, Wolfe Brothers, Inc. - $101,692. The bids will be reviewed by appropriate officials prior to a decision being rendered. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Downey, seconded by Snook to convene in Executive Session at 2:15 p.m. in regard to personnel matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Salvatore to reconvene in Regular Session at 2:35 p.m. Unanimously approved. TERMINATE EMPLOYMENT OP BUS DRIVER Motion made by Commissioner Downey, seconded by Salvatore to concur with the recommendation of the Manager of the County Commuter System and terminate the employment of Carl. Domer, part-time bus driver. Unanimously approved. EMPLOY SECRETARY - B.D.C. Motion made by Commissioner Roulette, seconded by Salvatore to concur with the recommendation of the Economic Development Director and employ Nancy Wal.zl in the position of part-time secretary. Unanimously approved. PROCLAMATION - CITIZENSHIP DAY CONSTITUTION WEEK Motion made by Commissioner Downey, seconded by Salvatore to Proclaim the week of September 17 - 23, 1985 as Citizenship Day/Constitution Week and urge all citizens to reflect on the events that led to the adoption of the U. S. Constitution and rejoice in the nearly twc centuries of growth, prosperity and freedom we have all enjoyed under this form of government. Unanimously approved. PROCLAMATION - UNION LABEL MEEK Motion made by Commissioner Roulette, seconded by Snook to Proclaim the week of September. 2 - 7, 1985 as Union Label Week in Washington County and urge all citizens to support the products and services identified by the Union Label, Shop Card and Service Button. Unanimously approved. ADJOURNMENT Motion made by Commissioner Roulette, seconded by Snook to adjourn at 2:40 p.m. Unanimously approved. Coun y Attorney , Clerk if August 27, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Ij Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Reverend Joseph Quesenberry, Long Meadow Church of the Brethren, followed by the Pledge of Allegiance to the Flag by the full Assemblage. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 9:10 a.m. in regard to litigation, pursuant to the Authority contained in Article 76(A), Section il(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Snook, seconded by Roulette to reconvene in Regular Session at 9:25 a.m. Unanimously approved. APPOINTMENTS TO MENTAL HEALTH ADVISORY COMMITTEE Motion made by Commissioner snook, seconded by Fcoulectc cu apyoii.[. a. a4y, Donna Frentz and Frances Cruger to serve for three (3) year terms as members of the Washington County Mental Health Advisory Committee. Unanimously approved. LINE ITEM TRANSFER - E.D.C. Motion made Commissioner Roulette, seconded by Downey to approve of the transfer of $900.00 in the Economic Development Commission budget from OTHER - PROMOTION (86- 429-000) to TUITION ASSISTANCE (86-129-020). Unanimously approved. "ON BEHALF OF MORTGAGE PROGRAM Motion made by Commissioner Roulette, seconded by Snook to advise the State Department of Economic & Community Development that Washington County intends to participate in the On Behalf Of Mortgage Program. Unanimously approved. STATE HOMELESS SERVICES PROGRAM Motion made by Commissioner Snook, seconded by Roulette to advise the State Department of Human Resources that Washington County desires to participate in the State Homeless Services Program with the Community Action Council to be designated as the agency to administer the $16,665 grant. Unanimously approved. BANK ACCOUNT FOR WORKERS COMPENSATION SELF INSURANCE PROGRAM Motion made by Comm ssi no er Snook, seconded by Roulette to open a Workers Compensation Self Insurance Account with the First National Bank of Maryland and authorize any two of the following persons to transact business for this account: Ronald L. Bowers, Kathryn F. Short and Harry C. Snook. Unanimously approved. FAMILY SUPPORT CENTER PROJECT Motion made by Commissioner Roulette, seconded by Downey to endorse the application of Community Action Council to the State Department of Human Resources for funds available for the Family Support Center Project. Unanimously approved. ADVANCE TO SANITARY COMMISSION - WILLIAMSPORT AREA FACILITIES PLAN Motion made by by Commissioner Downey, seconded by Roulette to advance the Sanitary Commission $9300 for a Facilities Plan of the Williamsport Area to be developed by Associated Engineering Sciences, Inc., with these funds to be reimbursed to the County at such time as the area becomes a sub -district and is Leve..uC t,:oducir.gg. Motion carried with Commissioners Downey, Roulette and Bowers voting "AYE" and Commissioner Snook "ABSTAINING". VEHICLES LIENSING REGISTRATION Motion made by Comm ss,oner Roulette, seconded by Downey to inform the Maryland Motor Vehicle Administration that the County is not interested in becoming an agent for the licensing and registration of motor vehicles. Unanimously approved. PUBLIC HEARING - SALE OP DEVELOPMENT RIGHTS EASEMENTS The President convened the Meeting an Public Heating at 10:00 a.m. for the purpose of permitting interested cil;.ze..e L. L ,Lip corearr.i- th:, - 11c ti•�nn ,f .Tcao`h I and Kathleen M. Woisenbaugh and Baruch S. Blumberg, et al (Rohhins/Rail/nlumberg)or 'he sale of development rights easements on an Agricultural Preservation District. Stephen Goodrich, Senior Planner, explained that the Agricultural AUGUST 27, 1985 MINUTES, CONT'D. Preservation Advisory Board had approved of both applications, assigning a "high" priority to the Wiesenbaugh farm and a "medium" priority to the Robbins/Rall/ Blumberg farm. Edward Rail, Edward Rail, Jr., Jacqueline Timmons and Mr. Poffenberger testified in favor of the Robbin3/Ralf/Blumberg application. Kathleen Wiesenbaugh and Shirley Thompson testified in favor of the Wiesenbaugh application. No one testified against either application. The President closed the Hearing and reconvened the Meeting in Regular Session at 10:30 a.m. APPROVE APPLICATIONS FOR SALE OF DEVELOPMENT RIGHTS EASEMENTS Motion made by Comm ssioner Roulette, seconded by Snook to approve of the applications of Joseph M. and Kathleen M. Wiesenbaugh and Baruch S. Blumberg, et al (Robbins/Rail/Blumberg) for the sale of development rights easements pursuant to the provisions of Article 2-501 through 2-515 of the Annotated Code of Maryland. Unanimously approved. BID OPENING - BUSES One bid was received and publicly opened and read aloud for furnishing five (5) or six (6) 30 -passenger transit type coaches for the County Commuter System. Bus Industries of America, Inc. submitted a per unit price of $125,097, alternate bid of $13O,311. The bid will be reviewed by appropriate officials prior to a decision being rendered. MOUSING VOUCHER APPLICATION Motion made by Commissioner Roulette, seconded by Snook to authorize the County Hosing Authority to submit an application to HUD for forty-five (45) housing vouchers that would be applicable to existing programs in order to provide rental assistance to additional residents in Washington County. Unanimously approved. STREET ACCEPTANCE - ANTIETAM MANOR Motion made by Commissioner Downey, seconded by Snook to accept the recommendation of the Engineering Department and accept the deed to the streets of Antietam Manor, Section 1 & 2, and the Maintenance Bond submitted by the developer to insure that the developer maintains the streets for one year, commencing with the day of final inspection. Unanimously approved. BALE OF PROPERTY TO DELORES CREEK Motion made by Commissioner Downey, seconded by Roulette to proceed with the sale of approximately 1.39 acres of land situate in Hancock, Maryland to Mrs. Delores Creek in and for the consideration of $3,000, in accordance with the duly published Notice to sell this land at private sale. Unanimously approved. AWARD FUEL OIL BID Motion made by Commissioner Downey, seconded by Roulette to award the contract for fuel oil for County buildings for the 1985/86 heating season to Hardell Fuels who submitted the low bid to the Board of Education in the amount of $.7397 per ;+ gallon. Unanimously approved. iI INFRASTRUCTURE FIN,'NCING STUDY Jack Hawbaker, Executive Director of the Planning Commission, along with Jack Byers, Thomas Dwyer, William Breichner., David Kinash and Glenn Dull, members of the Committee appointed to study and make recommendations on sharing of costs for new water and sewer lines and new roads to serve new development, appeared before the Commissioners to submit their findings and recommendations. Mr. Hawbaker, acting as spokesperson, urged the Commissioners to adopt a financing mechanism to allow the County to share in the cost of new infrastructure in the Urban Growth Area. He ...y - said LhaL the Cou; would rccoup itc i.n.vost:sent as f�!t�ore de„e)npmr�nh nrrurrad. Committee members emphasized that the proposal would not finance a developer's basic costs - only the extra expense of making pipes or roads large enough for connection to future projects. The Commissioners generally agreed to the panel's +' recommendations, but asked them to extend its study to include estimates of how much money might be needed for the initial investment in an infrastructure project. PROCLAMATION - HUNTING AND FISHING DAY Motion matte by Commissioner Roulette, seconded by Downey to Proclaim Saturday, September 28, 1985, as Hunting and Fishing Day in Washington County and call upon all citizens to join with sportsmen -conservationists in their efforts to ensure the nd nt of nor nAtnrAl rrRnurres to benefit future I ,:.rcp�r ......wyn...o.._ generations, Unanimously approved. AUGUST 27, 1905 MINUTES, CONT'D. RESOLUTION - COMMEMORATING FIRE i RESCUE COMMUNICATIONS Notion made by Commissioner Downey, seconded by Snook to adopt a Resolution commending Fire & Rescue personnel, including the five original staff members, for making Washington County a safer place in which to live, and join with all citizens in observance of the Department's 10th year anni•iersary. Unanimously approved. ADJOURNMENT Motion made by Commissioner Snook, seconded by Roulette to adjourn at 12:20 p.m. Unanimously approved. ty Atorney Clerk I September 3, 1985 Hagerstown, Maryland 21740 I I I The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Lee Welty, Public Relations Director for the D.A.V., followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION - FORGET-ME-NOT MONTH Motion made by Commissioner Roulette, seconded by Downey to Proclaim the month of September 1985 as Disabled American Veterans Forget -Me -Not Month, and urge the support of all citizens, interested groups and organizations for that month. Unanimously approved. Commissioner Bowers read the Proclamation and presented a copy to Clyde Stair, Forget -Me -Not Campaign Chairman, who accepted it on behalf of the officers and members of the Ralph S. Tagg, Jr., Chapter No. 14 of the Disabled American Veterans. INDICATE COUNTY HOUSING NEEDS TO STATE Neil urran, Director of the Department of Housing & Community Development, appeared before the Commissioners to inform them that the County has the opportunity to indicate to the State what our housing needs are with the hope of receiving state funding assistance if the program in approved by the Governor. Mr. Curran identified the most urgent county needs and requested the commissioners' support and comments for proposing to the Maryland Housing Policy Commission. The Commissioners took the matter under advisement at this time. AIRPORT AREA INFRASTRUCTURE Jack Hawbaker, Executive Director of the Planning Commission, along with members of the Airport Area Infrastructure Study Committee, appeared before the Commissioners to present a report which revealed that all area utilities, with the possible exception of sewage treatment, apparently have enough capacity to handle the industrial community as it now exists near the Airport. Mr. Hawbaker said that there are ample water, electricity and natural gas supplies to also serve the new Citicorp plant and any businesses moving into the former Fairchild Plant. Paul Waggoner and Palmer Dawson, Sanitary Commission Officials, said that sewage systems in the area were designed to handle existing development since federal funds could not be used to build systems based on future growth. The committee urged the :Commissioners to get a detailed engineering study to determine future sewage needs and include an analysis of the impact of industrial projects on area roads. The Commissioners made no decisions at this time but asked officials and committee members to determine specifically how much additional sewage the present system can handle. PUBLIC HEARING - ADDITION OF BROOK LANE TO CONTRIBUTION LIST The President convened the Meeting in Publ c Hearing to permit any resident of Washington County to testify concerning the request of Brook Lane Psychiatric Center to be added to the list of non-profit organizations to which the County is a'ithorized to contribute public funds. David Rutherford, Brook Lane's Chief Executive Officer, explained that the Center is actively pursuing a number of funding approaches for future development of programs to keep up with needs. He said that. 70i of the patients are from the Washington County Area and that 5% of 1.. c..,.-14..,-, .i d,. fi., ci.l sierra to thn edicall. in,iin nt There was no one present to speak for noraagainstnBrook Lane's request. Commissioner Bowers announced that the Record would remain open until next week's meeting when a decision would be rendered. He closed the Hearing at 11:00 a.m. and reconvened the Meeting in Regular Session. BID OPENING - REID SCHOOL Bids to purcia e tie t-ormer Reid School Property were publicly openod and read aloud. Persons participating in the bidding and their proposals were as follows: Sandra M. Geiman -- $3,500, Martha B. Martin - $10,050, Phyllis Wolfe - $9,252, E. J. Plummer - $2,777.50, Marvin L. Shives, Jr. - $5,673.20 and Thomas A. Vitanza - $1? nnn_ The hula .,ill be rovi-A hs, Annronriar,* nfficirla prior to n denisinn being rendered. SEPTEMBER 3, 1985 MINUTES, CONT'D. PUBLIC HEARING - NESAKI BOND ISSUE The President convened the Meeting in Public Hearing et 11:10 a.m. for the purpose of considering the issuance of Industrial Revenue Bonds in an amount not to exceed $765,000 in order to loan the proceeds to Nesaki Limited Partnership. Timmy Ruppersberger, representing Bond Counsel, explained the legal aspects of the bond issue. Steven Sagi, partner in Nesaki Limited, explained the project. There being no one else present to speak for nor against said bond issue, the President closed the Hearing at 11:20 a.m. and reconvened the Meeting in Regular Session. RESOLUTION AUTHORIZING NESAKI LIMITED PARTNERSHIP BOND ISSUE Motion made by Commissioner Salvatore, seconded by Snook to adopt a Resolution authorizing and empowering the County Commissioners of Washington County to issue, sell and deliver, at any one time or from time to time, its revenue bonds in a principal amount not to exceed $765,000 in order to loan the proceeds thereof to Nesaki Limited Partnership, for the sole and exclusive purposes described in the Resolution, and authorizing the President of the Board of County Commissioners of Washington County, on behalf of Washington County, to accept the Letter of Intent from Nesaki Limited Partnership. Unanimously approved. (Copy of Resolution and Letter of Intent attached.) APPOINTMENT TO ETHICS COMMISSION Motion made by Commissioner Snook, seconded by Salvatore to appoint Judge Irvin Rutledge to serve as a member of the Washington County Ethics Commission for a three (3) year term to expire July 1988. Unanimously approved. ENFORCE NO PARKING - MAUGANSVILLE ROAD Motion made by Commissioner Sa vatore, seconded by Downey to erect signs and enforce No Parking along Maugansville Road. Unanimously approved. PUBLIC REARING _ -INDUSTRIAL INDUSTRIAL PLASTICS BOND ISSUE The Press denc convened the Meeting in Public Hearing at 11:30 a.m. to consider the issuance of Industrial Revenue Bonds in an amount not to exceed $800,000 in order to land the proceeds to Industrial Plastics - the Maryland Project. Russel Marks, legal counsel, explained the legal aspects of the bond issue. Richard Leatherman, local plant manager, explained the project. There being no one else present to speak for nor against said bond issue, the President closed the Hearing and reconvened the Meeting in Regular Session at 11:45 a.m. RESOLUTION AUTHORIZING INDUSTRIAL PLASTICS BOND ISSUE Mot on made by Commissioner Salvatore, seconded d by Roulette to adopt a Resolution authorizing and empowering the County Commissioners of Washington County to issue, sell and deliver, at any one time or from time to time, its revenue bonds in an amount not to exceed 5800,000 for the purpose of loaning the proceeds to Industrial Plastics, an Indiana Partnership, for the sole and exclusive purpose described in the Resolution, and authorizing the President of the Board of County Commissioners, on behalf of Washington County, to accept the Letter of Intent. from Industrial Plastics Corporation -- the Maryland Project. Unanimously approved. (Copy of Resolution and Letter of Intent attached.) GENERAL LIABILITY INSURANCE Al Davis, Personnel and Employee Benefits Administrator, appeared before the Commissioners to inform them that the county's liability insurance carrier, St. Paul Fire and Marine Insurance Company, had agreed to continue its coverage only through the month of September. He said that all efforts had failed to find another insurer, with the exception of the Hartford Company who had agreed to pick up the policy at an estimated premium ui Ler, $15G 0CC to 200,000 snnu.1:1, i4.. said he should have the actual cost within two weeks. Mr. Davis reminded the Commissioners of the dilemma facing all levels of government vith insurance companies throughout the nation refusing to continue coverage or demanding exorbitant fees and said that the Governor has appointed a special committee to investigate the problem in Maryland. The Commissioners took the information under advisement at this time. Ii ADJOURNMENT Mot on made by Commissioner Downey, unanj.q�ously appr�vod. Co Att me � � i seconded by Roulette to adjourn at 1200 noon. , Clork 'I I El SEPTEMBER 3, 1985 MINUTES, CONT'D. RESOLUTION A RESOLUTION AUTHORIZING AND EMPOWERING COUNTY COMMIS- SIONERS OF WASHINGTON COUNTY TO ISSUE, SELL AND DELIVER, AT ANY ONE TIME OR FROM TIME TO TIME, ITS REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED S800,000 PURSUANT TO THE PROVISIONS OF SECTIONS 266A TO 2661, INCLUSIVE, OF ARTICLE 41 OF THE ANNOTATED CODE OF MARYLAND (1982 REPLACEMENT VOLUME) IN ORDER TO LOAN THE PROCEEDS THEREOF TO THE MARYLAND PROJECT, AN INDIANA PARTNER- SHIP, FOR THE SOLE AND EXCLUSIVE PURPOSES DESCRIBED IN THIS RES- OLUTION; AUTHORIZING THE PRESIDENT OF THE BOARD OF COUNTY COM- MISSIONERS OF WASHINGTON COUNTY TO ACCEPT, ON BEHALF OP COUNTY COMMISSIONERS OF WASHINGTON COUNTY, THE LETTER OF INTENT FROM THE MARYLAND PROJECT TO COUNTY COMMISSIONERS OF WASHINGTON COUNTY DATED Ju.. 7 , 1985 AND APRPOVING, PURSUANT TO NOTICE AND FOLLOWING A PUBLIC HEARING, THE ISSUANCE OP THE BONDS RE- QUESTED THEREIN; MAKING CERTAIN LEGISLATIVE FINDINGS, AMONG OTHERS. CONCERNING THE PUBLIC BENEFIT AND PURPOSE OF SUCH REV- ENUE BONDS; PROVIDING THAT SUCH REVENUE BONDS AND THE INTEREST IZING AND EMPOWERING THE PRESIDENT OF THE BOARD OF COUNTY COM- MISSIONERS OF WASHINGTON COUNTY, BY ORDER OR OTHERWISE, PRIOR TO THE ISSUANCE, SALE AND DELIVERY OF SUCH REVENUE BONDS, TO SPEC- IFY, PRESCRIBE, DETERMINE, PROVIDE FOR AND APPROVE THE RATE OR RATES OF INTEREST SUCH REVENUE BONDS ARE TO BEAR, THE FORM, TENOR, TERMS AND CONDITIONS OF AND SECURITY FOR SUCH REVENUE BONDS, AND TO SPECIFY, PRESCRIBE, DETERMINE, PROVIDE FOR AND APPROVE VARIOUS OTHER MATTERS, DETAILS, DOCUMENTS AND PROCEDURES IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT FOR SUCH REVENUE BONDS; AND GENERALLY PROVIDING FOR AND DETERMINING VARIOUS MATTERS AND DETAILS IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT OF SUCH REVENUE BONDS. I 1Po.I1.1.8 U RECITALS Sections 266A to 2661, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume) (the "Act") empower all the counties and municipalities of the State of Maryland to issue revenue bonds and to loan the proceeds of the sale of such revenue bonds to a "facility user" to finance the Acquisition (as defined in the Act) by such "facility user" of any Facility (as defined in the Act). As defined in the Act, a "facility user" includes any individual, public or private cor- poration, partnership, association, firm, or other entity whether or not created for the purpose of making a profit, which owns, leases, or uses all or any part of a Facility. The Act declares it to be the legislative purpose to re- lieve conditions of unemployment in the State of Maryland, to encourage the increase of industry and a balanced economy in the State of Maryland, to assist in the retention of existing indus- try and commerce and in the attraction of new industry and com- merce in the State of Maryland through among other things, port development and the control, reduction or abatement of pollution of the environment and the utilization and disposal of wastes (where proceeds of the bonds are used for that purpose), to pro- mote economic development, to protect natural resources and en- courage resource recovery and to generally promote the health, welfare and safety of the residents of each of the counties and municipalities of the State of Maryland. County Commissioners of Washington County, a body politic and corporate and a political subdivision of the State of Mary- land (the "County"), has received a Letter of Intent dated .T 7 , 1985, (the "Letter of Intent"), from The Maryland Pro - sec t, an Indiana partnership (the 'Borrower') (in form attached hereto as Exhibit A), a "facility applicant" as defined in the Act, in which it is requested that the County participate in the financing of a certain Facility as defined herein by the issu- ance of certain bonds described therein and by loaning the pro- ceeds thereof to the Borrower for the purpose of acquiring and owning the Facility defined herein, the terms and conditions of a loan agreement to be entered into between the County and the Borrower (the "Loan Agreement"), as permitted by the Act (such loan being herein referred to as the "Loan"). The Facility will be leased to Industrial Plastics Corporation (the "User") for use by the User as office, manufacturing and warehouse space in its business of plastic profile extrusion. The Facility to be acquired will consist generally of (a) approximately 6.99 acres of land located in Washington County IPC.II. 1.8 Maryland (the "Land"), (b) rehabilitation and improvement of an existing building located on the Land containing approximately 50,000 square feet for office, manufacturing and warehouse space (the "Building"), and (c) any other improvements or interests in land necessary or desirable for operation of the Building, to- gether with roads and other rights of access, utilities, and other facilities necessary to the acquisition, rehabilitation, construction and operation of the Facility (the ':Other Inter- ests") (the Land, the Buildings, the Rehabilitation and the Other Interests collectively, the "Facility"). The County, in compliance with the Tax Equity and Fiscal Responsibility Act of 1982 (the "Federal Act") held a public hearing on , 1985, pursuant to notice (in form attached hereto as Exhibit B) published in a newspaper of gener- al circulation in Washington County on , 1985 fox, the purpose of apprising affected rest ents of Washington County, Maryland of the proposed issuance of the Bonds and allowing such residents to appear and be heard concerning the issuance of the Bonds and the location and. nature of the Facil- ity. The County has determined following such public hearing, that there will be a substantial public benefit from the issu- ance of the Bonds, that the issuance of the Bonds to finance the Facility is in the public interest and for a public purpose and by this Resolution has given its approval thereto. The County, based upon the findings and determinations set forth below, has determined to participate in the financing of the Facility by (a) issuing, selling and delivering its revenue i.n an aggregate principal amount not to exceed $800,000 (the "Bonds"), and (b) loaning the proceeds of the Bonds to the Borrower upon the terms and conditions of a Loan Agreement (the "Loan Agreement"), as permitted by the Act. The Loan Agreement will require the Borrower (a) to use the proceeds of the Bonds solely to finance the acquisition of the Facility (except to the extent of amounts permitted to be ex- pended for other purposes under the Act and by the Loan Agree- ment), and (b) to make Loan payments which will be sufficient to enable the County to pay the principal of and interest and pre- mium, if any, on the Bonds when and as the same shall become due and payable. As security for the Bonds, the County may enter a trust agreement with one or more corporate trustees or a purchase or assignment agreement with the Purchaser of the Bonds pursuant to which the County will assign to such trustee or purchaser, among other things, and excepting the right of the County to indemni- fication and to payments of the County for expenses, all of the IPC.I1.1.8 County's right, title and interest in and to, and remedies with respect to the Loan Agreement and any other document or instru- ment relating to the Loan, and any and all other property of every description and nature from time to time by delivery or by writing of any kind conveyed, pledged, assigned or transferred, as and for additional security for the Bonds. SECTION 1. BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS OF WASHINGTON COUNTY, THAT, ACTION PURSUANT TO THE ACT, IT IS HEREBY FOUND AND DETERMINED AS FOLLOWS: (1) The issuance and sale of the Bonds by the County pur- suant to the Act in order to lend the proceeds thereof to the Borrower for the sole and exclusive purpose (except to the ex- tent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement) of financing the acqui- sition (within the meaning of the Act) by the Borrower of the Facility will facilitate and expedite the acquisition of the Facility by the Borrower. (2) The Acquisition of the Facility by the Borrower and the financing and refinancing thereof as provided in this Reso- lution will promote the declared legislative purposes of the Act by (a) creating jobs and employment, thus relieving conditions of unemployment in the State of Maryland and in Washington County; (b) encouraging the increase of industry and commerce and the creation of a balanced economy in the State of Maryland and in Washington County; (c) assisting in the retention of ex- isting industry and commerce and in the attraction of new in- dustry and commerce in the State of Maryland and in Washington County; (d) promoting economic development; and (e) promoting the health, welfare and safety of the residents of the State of Maryland and Washington County. (3) In addition to authorizing the County itself to acquire the Facility and either lease or to sell the same to the Borrower, the Act authorizes facility financing to be accom- plished in the form of a loan by the County to the Borrower. The loan form of transaction avoids indirect costs and burdens on the County by eliminating any direct involvment by the County in the acquisition, ownership, or administration of the Facility while permiting the imposition of ample controls on the use of the proceeds of the Bonds, thus insuring that the public pur- poses of the Act and the bond transactions are fully accomplish- ed. Because it is in the best interests of the citizens of Washington County to finance the Acquisition of the Facility by a loan to the Borrower, this Resolution contemplates and author- izes a transaction in the form of a loan of the proceeds of the Bonds by the County to the Borrower. Accordingly, this Resolu- 4ogc her with the Loan Agreement and any other instrument pertaining to the issuance, sale or delivery of the Bonds in- cluding those instruments approved by the written order to be IPC.II. 1.8 executed by the President of the Board of County Commissioners of Washington County (the "Board") prior to the issuance, sale and delivery of the Bonds (the "Written Order"), (such other in- struments, together with the Loan Agreement, collectively, the "Bond Documents"), contains, or shall contain, such provisions as the County deems appropriate to effect the financing of the Acquisition by the Borrower of the Facility by the loan form of transaction. (4) NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR GENERAL OBLIGATION OF THE COUNTY OR A CHARGE AGAINST, OR PLEDGE OF THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY, WITHIN THE MEANING OF ANY CONSTITUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION, AND NEITHER SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF THE COUNTY. THE BONDS AND THE INTEREST THEREON SHALL BE LIMITED OBLIGATIONS OF THE COUNTY, REPAYABLE BY THE COUNTY SOLELY FROM THE REVENUES DERIVED FROM. LOAN REPAYMENTS (BOTH PRINCIPAL AND INTEREST) MADE TO THE COUNTY BY THE BORROWER ON ACCOUNT OF THE LOAN AND FROM ANY OTHER MONIES MADE AVAILABLE TO THE COUNTY FOR SUCH PURPOSE. The proceeds of the Bonds, and the payments to be made by the Borrower pursuant to the Loan Agreement, will be paid directly to a trustee or the holders of the Bonds in the event a Trustee is not appointed for such purpose to be held and disbursed as shall be approved by the President of the Board in the Written Order. No such monies will be commingled with the County's funds but will be subject only to such limited supervi- sion and checks as are deemed necessary or desirable by the County to insure that the proceeds of the Bonds are used to accomplish the public purposes of the Act and this Resolution. The transactions authorized hereby do not constitute any physi- cal public betterment or improvement or the acquisition of pro- perty for public use or the purchase of equipment for public use. The public purposes expressed in the Act are to be achieved by facilitating the Acquisition of the Facility by the Borrower. (5) The Borrower is or will be a "facility applicant" and a "facility user" as defined in the Act; the Facility to be ac- quired by the Borrower will be leased by the Borrower to the User for office, manufacturing and warehouse uses within the purposes permitted by the Act. (6) The public purposes intended to be achieved by the County though the issuance of the Bonds will be achieved upon completion of the acquisition and rehabilitation of the Facility resulting in additional. office, manufacturing and warehouse facilities in Washington County, Maryland. IPC.11.1.8 SECTION 2. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the County -here- by approves and is authorized and empowered to issue, sell and deliver, at any time or from time to time, the following series of Bonds to be known as its "Washington County, Maryland, Indus- trial Development Revenue Bond(s) (Industrial Plastics Corpora- tion - The Maryland Project)" (provided that such designation may be changed or may contain such other descriptive information as the President of the Board may prescribe in the Written Order) in a principal amount not to exceed $800,000 subject to the provisions of this Resolution. The proceeds of the Bonds will be loaned to the Borrower pursuant to the terms and provi- sions of the Loan Agreement, to be expended by the Borrower for the sole and exclusive purpose of financing and refinancing the Acquisition of a Facility as specified in the Act (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement). The security and sources of payment for the Bonds shall be solely and exclusively as provided in Section 1. of this Resolution. The authority to issue the Bonds is intended to and shall include the authority to issue revenue refunding bonds. Re- ference herein to the "Bonds" shall include revenue refunding bonds where appropriate. In the event that any refunding bonds are issued pursuant to this Resolution, the outstanding princi- pal amount of any "refunded bonds" (as hereinafter defined) shall not be taken into account in determining the aggregate principal amount of the Bonds issued, sold and delivered here- under. The term "refunded bonds" means any Bonds (i) for the payment of which (both principal and interest) provision has been made from the proceeds (including any earnings on the in- vestment thereof) of Bonds issued pursuant to this Resolution, or (ii) which have been paid from such proceeds, whether such provisions for payment, or such payment is made at or prior to the maturity of such Bonds. SECTION 3. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That thethresident of the Board is hereby authorized, empowered, and directed to accept the Letter of Intent on behalf of the County in order to evidence the intent of the County to issue, sell and deliver the Bonds in accordance with the terms and provisions of this Reso- lution. This Resolution is intended to be, and shall consti- tute, evidence of the County's intent to issue and deliver the Bonds authorized hereby in accordance with the terms hereof when the Bondsere sold, nro.'i lord that the ,_'minty chnl 1 have no duty to obtain a purchaser or purchasers therefor and shall incur no pecuniary liability in the event the Bonds are not sold. The County and the Borrower contemplate that the Borrower may pro- IPC.11.1.8 6 ceed with the Acquisition of the Facility prior to the issuance, sale and delivery of the Bonds authorized hereby upon the adop- tion of this Resolution by the County. SECTION 4. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Bon s shall be executed in the name of the County and on its behalf by the President or Vice President of the Board, by his or her manual or facsimile signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other author- ized officer) by his or her manual or facsimile signature. The Bond Documents shall be executed in the name of the County and on its behalf by the President or Vice President of the Board by his or her manual signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other authorized officer) by his or her manual signature. In case any officer whose signature or a facsimile of whose signa- ture shall appear on the Bonds or any of the aforesaid documents shall cease to be such officer before the delivery of tre Bonds or any of the other aforesaid documents, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The President of the Board, the Clerk to the Board and other officials of the County are hereby authorized and empowered to do all such acts and things and execute such other documents and certificates as the President of the Board may determine to be necessary to carry out and comply with the provisions hereof. SECTION 5. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That prior to the ssuar.ce, sale and eliveryy of tt he Bond, s, the President of the Board shall execute the Written Order, pursuant to which the President of the Board may (without limitation) specify, pre- scribe, determine, provide for or approve, all within the limi- tations of this Resolution and the Act, all matters, details, forms, documents and procedures pertaining to the sale, secur- ity, issuance, delivery and payment of cr for the Bonds, includ- ing (without limitation): (a) the principal amount of the Bonds to be issued at any one time and from time to time, the rate or rates of interest thereon, the date or dates of maturity thereof, provisions for the payment thereof, prepayment, sinking fund and redemption provisions (if any) thereof, the designation or designations of the Bonds and of any series, and the date or dates of issuance thereof; IPC. I1.1.8 (b) the form, tenor, terms and conditions of the Bonds, and provisions for the registration and transfer of the Bonds (if any); (c) the form and contents of, and provisions for the execution and delivery of, such financing documents as the Pre- sident of the Board deem necessary or desirable to evidence, secure or effectuate the Loan and the issuance, sale and deli- very of the Bonds, including (without limitation) any loan agreements, notes, mortgages, security agreements, assignments, guarantees, financing agreements or escrow agreements; (d) provision for the payment directly by the Borrower of all expenses of preparing, printing and selling the Bonds, in- cluding (without limitation) any and all costs, fees and ex- penses, incurred by or on behalf of the County in connection with the authorization, issuance, sale and delivery of the Bonds, and all costs incurred in connection with the development of the appropriate legal documents, including fees of counsel to the County, and compensation to any persons (other than fulltime employees of the County) or entities performing services for or on behalf of the County in connection therewith and in connec- tion with all other transactions contemplated by this Resolu- tion, whether or not the proposed financing is consummated; (e) the creation of security for the Bonds and provision for the administration of the Bonds, including (without limita- tion) the appointment of such trustees, escrow agents, payment agents, registrars or other agents as the President of the Board shall deem necessary or desirable to effectuate the transactions authorized hereby; (f) the preparation and distribution, on conjunction with representatives of. the Borrower and the prospective purchasers of or underwriters for the Bonds of any series, both a prelimin- ary and a final official statement, placement memoranda or offering circular in connection with the sale of the Bonds of any series, if such preliminary official statement and final official statement, placement memoranda or offering circular are determined to be necessary or desirable for the sale of the Bonds of such series; (g) the form and contents of, and provisions for the execution and delivery of, a contract or contracts for the pur- chase and sale of the Bonds of any series (or any portion there- of) ; and (h) such other matters in connection with the authoriza- tion, issuance, execution, sale, delivery and payment of the RondR. the security for the Bonds and the Loan, and the consum- IPC.II.1.8 mation of the transactions contemplated by this Resolution as may be deemed appropriate and approved by the President of the Board including (without limitation) establishin,y procedure_ for the execution, acknowledgment, sealing and delivery of such other and further agreements, documents, and instruments, and the authorization of the officials of the County to take any and all actions, as are or may be necessary or appropriate to con- summate the transactions contemplated by this Resolution in accordance with the Act and this Resolution. SECTION 6. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That (a) THE ACT PRO- VIDES THAT NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE GENERAL CRE- DIT OR TAXING POWERS OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND SHALL NEVER CONSTITUTE OR GIVE RISE TO PECUNIARY LIABILITY OF THE COUNTY. In order to implement Section 266F(e) of the Act stating that the Bonds shall never constitute or give rise to pecuniary liability of the County, the Loan Agreement, the Bonds and the Bond Documents may provide that no Bondholder shall look to the County for damages suffered by such Bondholder as a result of the failure of the County to perform any covenant, undertaking or obligation under the Bond Documents, nor as a result of the incorrectness of any representation made by the County in the Bond Documents. Although this Resolution recog- nizes that the Bond Documents shall not give rise to pecuniary liability of the County, nothing contained in this Resolution or in the Bond Documents shall be construed to preclude in any way any action or proceedings (other than that element in any action or proceeding involving a claim for monetary damages against the County) in any court or before any governmental body, agency or instrumentality, or otherwise against the County or any of its officers or employees to enforce the provisions of any of the Bond Documents. (b) Although the Bond Documents shall prove that the County shall have the right to seek remedies in the event of de- fault by the Borrower, it is contemplated that the County will assign the performance of obligations to take action to the Trustee for the Holder(s) of the Bonds or the Purchaser or Holder of the Bond in order to implement the purposes and intent of the Act, namely to facilitate the Acquisition of the Facility by the Borrower without incurring any pecuniary obligation or liability of the County. Accordingly, if a Trustee is appointed for such purpose, the Trustee shall have duty to act, whether or not at the diretion of Bondholders, in all instances in which the Trustee for such Bonds may act and determines that action is appropriate. In any case where action by the Trustee for the Bonds oz U„e Purchaser nr Holder of the Bonds requires simul- IPC.TI. 1.8 taneous or subseqent action by the County, the County will co- operate with such Trustee or the Purchaser or Holder of the Bonds and take any and all action necessary to effectuate the purposes and intent of the Resolution and the Bond Documents. The performance by the Trustee for the Bonds or the Purchaser or the Holder of the Bonds of obligations under any of the Bond Documents permits the identification of all costs arising from the exercise of such obligations. The Bond Documents shall pro- vide that the Borrower shall pay those costs in order to avoid any direct or indirect pecuniary burden on the County. SECTION 7. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That, as permitted y the Act, the Bonds of each series shall be sold at private (ne- gotiated) sale and at par, unless the President of the Board deems it to be in the best interests of the County to sell the Bonds of any series at public sale or by retail sale or above or below par, in which event the Bonds of such series shall be sold in such manner, at such price or prices and upon such terms as shall be determined in the Written Order to be in the best in- terests of the County. The Bonds of each series shall be sold at such times, on such dates and to such persons, firms or cor- porations (including, without limitation, banks or other finan- cial institutions) as shall be determined by the President of the Board (as the case may be), with the consent of the Borrower. SECTION B. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the provisions of this Reso ution are severable, and if any provision, sen- tence, clause, section or part hereof is held illegal, invalid or unconstitutional or inapplicable to any person or circum- stances, such illegality, invalidty or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Reso- lution or their application to other persons or circumstances and the remaining provisions shall be construed so as to give practical realization to the public purposes intended to be achieved hereunder and the protection against pecuniary libility to be afforded to the County. It is hereby declared to be the legislative intent that this Resolution would have been passed if such illegal, invalid or unconstitutional provision, sen- tence, clause, section or part had not been included herein, and if the person or circumstances to which this Resolution or any part hereof are inapplicable had been specifically exempted heref rom . SECTION 9. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the County re - the i=ir qht tc r-- efrain rom issuing the Bonds hereby IPc.II.1.B 10 authorized or to postpone such issuance for such time or times as it may determine if it, in its sole discretion, determines (i) that the interest on the Bonds will or may not be exempt from federal income taxation, or (ii) that the issuance of the Bonds might prevent it from issuing its bonds the interest on which will be exempt from federal income taxation, to finance one or more other facilities at such time or times as it desires to issue such bonds for other facilities. SECTION 10. AND BE IT FURTHER RESOVLED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That unless such time per od steal a limited by other applicable law, in the event that the financing transactions contemplated by this Resolution shall not have occurred by September 30, 1985, the County's authorization under this Resolution shall terminate unless otherwise extended by Resolution of the Board. SECTION 11. D OF Y COMMISSIONERS OF WASHINGTON COUNTY, That this Resolutzo take effect from the date of its adoption. PASSED AND ADOPTED this _____ day of 1985. BOARD OF COUNTY COMMISSIONERS OF WASHING N `LINTY Ronald L. Bo ers President ATT athryn ort Clerk IPC.II.1.8 11 EXHIBIT A LETTER OF INTENT June 7, 1985 County Commissioners of Washington County % Leroy R. Burtner, Director Washington County Economic Development Commission Court House Annex Hagerstown, Maryland 21740 RE: County Commissioners of Washington County Industrial Development Revenue Bonds Series 1985 (Industrial Plastics Corporation - The Maryland Project) Ladies and Gentlemen: The Maryland Project, an Indiana partnership (the "Borrower"), requests that County Commissioners of Washington County (the "County") participate in the financing of the acquisition and construction of new facilities hereinafter described (the "Facility") to be located in Washington County, Maryland, by authorizing, issuing and selling its Industrial Development Revenue Bonds in a principal amount not to exceed $800,000 (the "Bonds"), pursuant to Sections 266A to 2661, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement volume) (the "Act"). It is intended that this letter, if accepted by the County, shall constitute a "letter of intent" as contemplated by Section 266A(h) of the Act. It is proposed that the County loan the proceeds of the Bonds (the "Loan") to the Borrower pursuant to the terms and provi- sions of a loan or similar agreement to he entered into by the County and the Borrower (the "Loan Agreement"). The Loan Agree-- ment will require the Borrower to use the proceeds of the Loan for the sole and exclusive purpose of financing the acquisition and rehabilitation of the Facility by the Borrower as generally described herein and the payment of the costs of preparing and IpC.II.l.8 12 selling the Bonds and other costs as permitted by the Act. the Facility will be leased by the Borrower to Industrial Plastics Corporation (the "User") as office, manufacturing and warehouse space in its business of plastic profile extrusions. Bonds shall be repayable by the County solely from revenue derived from loan repayments (both principal and interest) made to the County by the Borrower pursuant to the terms and provisions of the Loan Agreement and from any other monies made available to the County for such purpose. The Borrower is a "facility applicant" and the User is a "facil- ity user" (as mentioned in Section 266A(h) and (i) of the Act). The Loan Agreement will require the Borrower to make Loan pay- ments (both principal and interest) sufficient to pay (a) the principal of, and interest on the Bonds, and (b) all expenses incurred by the County in connection with the issuance and sale of the Bonds and the making and administration of the Loan, as the same become due and payable. The Borrower agrees that all costs of acquiring and rehabilitating the Facility in excess of the proceeds of the Loan will be paid by the Borrower. The Loan Agreement will contain such other provisions as may be required by law and as may be agreed to by the Borrower, the County, and the purchaser(s) of the Bonds, as permitted by law. The Facility, which is a "facility" as defined in the Act, will consist generally of (i) approximately 6.99 acres of land located in Washington County, Maryland, (the "Land"); (ii) re- habilitation and improvement of an existing building of approx- imately 50,000 square feet for office, manufacturing and ware- house space (the "Building"); and (iii) any other improvements or interests in land necessary or desirable for operation of the Building, together with roads or other rights of access, utili- ties, and other facilities necessary to the acquisition, re- habilitation and operation of the Facility. It is expected that within the first five ye�+rs of operation the Facility will provide employment for approximately Ten (10) more people than are employed by the User at its present location. The Acquisition of the Facility will promote the declared legis- lative purposes of the Act by (a) creating jobs and thus reliev- ing conditions of unemployment in the State of Maryland (the "State") and in Washington County, (b) encouraging the increase of industry and commerce and the creation of a balanced economy in the State and in Washington County, (c) assisting in the re- tention of existing industry and commerce and in the attraction of new industry and commerce in the State and in Washington IPC.II.1.8 13 County, (d) promoting economic development, and (e) generally promoting the health, welfare and safety of the residents of the State and Washington County. Financial considerations have been a factor leading to the Bor- rower's decision to acquire the Facility and its decision has been influenced materially by the availability of economic development revenue bond financing. it is expressly understood and agreed that (a) the County will not incur any liability, direct or indirect, or any cost, direct or indirect, in connection with the issuance and sale of the Bonds, the making of the Loan or the rehabilitation, moderniza- tion and construction of the Facility, and (b) the Facility will be acquired so as to conform to the requirements of the Bor- rower. Accordingly, the Borrower will (a) select, supervise and work with the suppliers and contractors and will acquire and re- habilitate the Facility, and negotiate and approve all con- tracts, construction plans, drawings, specifications, and all financing arrangements in connection with the acquisition and rehabilitation of the Facility, and (b) pay all costs incurred by, or on behalf of, the County in connection with the issuance, sale, delivery and administration of the Bonds, the making of the Loan, including the administration thereof, and in connec- tion with the acquisition and rehabilitation of the Facility, including (without limitation) all costs incurred in connection with the development of the appropriate legal documents neces- sary to effectuate the proposed financing and acquisition, in- cluding (without limitation) the fees of bond counsel to the County and compensation to any other person (other than fulltime employees of the County) performing services by or on behalf of the County in connection with the transactions contemplated by this letter of intent whether or not the proposed financing and acquisition are consummated. It is further understood and agreed to by the Borrower that the proposal contained herein is subject to (a) a public hearing to be held by the County pursuant to at least fourteen (l.4) days notice in a newspaper of general circulation in Washington County, (b) the approval of, and appropriate action by, the Board of County Commissioners of Washington County which action includes, but is not limited to, passage by the County of a Re- solution implementing the financing of the Project described herein and approving the Bonds (the "Resolution"), and either the passage of a final administrative Resolution or the execu- tion of a Written Order as will be provided for in the P.esolu- tion, and (c) the approval of detailed provisions of all docu- ments pertaining to the financing as yet to be developed. IPc.II.1.6 14 The acceptance of this letter by the County shall constitute evidence of the present intent of the County to authorize the issuance, sale and delivery of the Bonds and to authorize the Loan for the purposes described herein subject to the conditions described herein; provided, however, that the Borrower recog- nizes that: 1. The County cannot make any guaranty, promise or assur- ance that the terms and conditions (including, but not limited to, the principal amount of the Bonds to be issued, the rate or rates of interest the Bonds are to bear, the times that the in- terest on the Bonds is to be paid, the redemption provisions for the Bonds, the time the Bonds are to be executed, issued and de- livered and their form, tenor and denomination) of the Bonds as actually authorized to be issued, will be acceptable to the Borrower; 2. The County can give no guaranty, promise or assurance as to the availability of ready, willing and able purchasers of the 3onds; and 3. The County reserves the right to refrain from issuing the Bonds hereby authorized or to postpone such issuance for such time or times as it may determine if it, in its sole dis- cretion, determines (i) that the interest on such Bonds will or may not be exempt from federal income taxation, or (ii) that the issuance of such Bonds might prevent it from issuing its bonds, the interest on which will be exempt from federal income tax- ation, to finance one or more other facilities at such time or times as it desires to issue such bonds for other facilities. The County's adoption of the Resolution and its acceptance of this letter of intent are intended solely to implement the financing of the Project described herein by enabling the issu- ance and sale by the County of the Bonds. Neither the accept- ance of this letter of intent nor the adoption of the Resolution will constitute any assurance by the County to any propsective purchasers of the Bonds that (i) the Borrower will have the ability to repay the Loan, (ii) the Facility will be feasible economically or otherwise, (iii) the Facility will be completed, or (iv) the Facility will be in compliance with applicable County, State or Federal laws. The Borrower agrees to use it best efforts to complete the financing contemplated hereunder and to acquire and construct the Facility. It is also understood and agreed that the County reserves the right to withdraw the authorization set forth in the Resolution and this letter of intent should either the Facilitv or such IPC.II.1..8 15 II Y y authorization prove to be in violation of the County, State or Federal laws applicable to the Facility or such authorization unless appropriate steps are taken by the Borrower to alter the Facility or otherwise, to bring the proposed Facility or financ- ing into compliance with such laws. The Borrower intends that the interest payable on the Bonds shall be exempt from federal income taxation pursuant to Section 103(b) of the Internal Revenue Code of 1954, as amended. The Borrower acknowledges that certain legislation has been adopted which, among other things, may adversely affect the ex- emption from federal income taxation with respect to the inter- est payable on the Bonds, limit the use which may be made of the proceeds of the Bonds, or limit by a volume cap the ability of the County to issue bonds or other obligations, the interest payable on which is to be exempt from federal income taxation. The Borrower agrees that it will provide all certifications (in- cluding opinicns of its counsel) required by bond Counsel to the County in order to establish that interest on the Bonds will be exempt from Federal income taxation (including certifications enabling the County to certify that the Bonds are not arbitrage bonds). The Borrower also agrees that in the event that it determines that a portion of the Land to be acquired out of the proceeds of the Bonds is not required for operations of the Bor- rower, any proceeds from the sale of the Land shall be applied to a reduction of principal on the Bonds. Neither the Bonds, nor any interest thereon, shall ever consti- tute an indebtedness or a charge against the general credit or taxing power of the County, within the meaning of any constitu- tional or charter provisions or statutory limitation, and neither shall ever constitute or give rise to any pecuniary liability of the County. In the event that the financing transactions contemplated by this letter of intent shall nct have occurred by September 30, 1985 (or such shorter period if required by applicable law), the County's authorization under this letter of intent shall termin- ate. Very truly yours, THE MARYLAND P ECT a pa ership By L_ Jos ph Ewing, p trier IPC.II.1.8 16 Accepted this 3rd day of September , 1985, pursuant to a Resolution passed by the County Commissioners of Washington County on September 3 , 1985, by the President of the Board of County Commissioners of Washington County. ATTES s athryn ort, C k IPC.II.1.8 17 COUNTY COMMISSIONERS OF WASHINGTON COUNTY By jp Ronald L. Bo rs, President of the Board of County Commissioners of Washington County EXHIBIT B CERTIFICATION OF PUBLICATION o..Jcco. THE HERALD -MAIL COMPANY Hagerstown, Md., .. .......... it IS brrrbp Cirrttftrb. That the annexed advertisement has been path. fished in "I p&f MRE&RAIb a daily newspaper published in Washington Consty, Mwyland, oN.........O ...!.pp7....... ........... , 1D �� i THE HERALD -MAIL CO. 44 In.II.1.8 18 COUNTY IUIONNAS OF WA3H1140T05 COUNTY Caws Mofwr1. 7174. PUBLIC NOTICE wwiM NM��ia.e►leeeabw FACITLITY M wIu aw aii"► •a�1� aM InIAh••ra11Ml1 1�i°aa� r •neiawMNn s III fscjlll'v. LOCATION INaOWN ill, NKN NY1� +OIINvu a - - Iwiva1►1 if Mf I1�IIMNN I.WMfMb lMu.f O1 FWk.n ORT►A" FACILITY Tha lstW ►nl•e1. an lab am I� FNO►OISO USE OF PACILIT' I. 1 will is eAEfa au I r°m. NM so. In IllNINMor� .11.1 prorna.xtruslsm. q)lva AAiriE c.n''N WAAIm10o'TACOUNNT- YLAN Kam F. EEPTEMHER 3, 19S5 MINUTES, C0NT'D. I I I C a U RESOLUTION A RESOLUTION AUTHORIZING AND EMPOWERING COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ISSUE, SELL AND DELIVER, AT ANY ONE TIME OR FROM TIME TO TIME, ITS REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $765,000, PURSUANT TO THE PROVISIONS OF SECTIONS 266A THROUGH 266-I OF ARTICLE 41 OF THE ANNOTATED CODE OF MARYLAND (1982 REPLACEMENT VOLUME) AS AMENDED IN ORDER TO LOAN THE PROCEEDS THEREOF TO NESAKI LIMITED PARTNERSHIP, FOR THE SOLE AND EXCLUSIVE PURPOSES DESCRIBED IN THIS RESOLUTION; AUTHORIZING THE PRESIDENT OF THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY TO ACCEPT, ON BEHALF OF COUNTY COMMIS- SIONERS OF WASHINGTON COUNTY, THE LETTER OF INTENT FROM NESAKI LIMITED PARTNERSHIP TO COUNTY COMMISSIONERS OF WASHINGTON COUNTY DATED SEPTEMBER 3, 1985 AND APPROVING, PURSUANT TO NOTICE AND FOLLOWING A PUBLIC HEARING, THE ISSUANCE OF THE BONDS REQUESTED THEREIN; MAKING CERTAIN LEGISLATIVE FINDINGS, AMONG OTHERS, CONCERNING THE PUBLIC BENEFIT AND PURPOSE OF SUCH REVENUE BONDS; COUNTY COMMISSIONERS OF WASHINGTON COUNTY, PRIOR TO THE ISSUANCE, SALE AND DELIVERY OF SUCH REVENUE BONDS, TO PRESCRIBE THE RATE OR RATES OF INTEREST SUCH REVENUE BONDS ARE TO BEAR, THE FORM, TENOR, TERMS AND CONDITIONS OF AND SECURITY FOR SUCH REVENUE BONDS, AND TO PRESCRIBE, DETERMINE, PROVIDE FOR AND APPROVE VARIOUS OTHER MATTERS, DETAILS, DOCUMENTS AND PFOCEDURES IN CONNECTION WITH THE AUTHORIZA- TION, ISSUANCE, SECURITY, SALE AND PAYMENT FOR SUCH REVENUE BONDS; AND GENERALLY PROVIDING FOR AND DETERMINING VARIOUS MATTERS AND DETAILS IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, SALE AND PAYMENT OF SUCH REVENUE BONDS. RECITALS Sections 266A to 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Volume) as amended (the "Act") empower all the counties and municipalities of the State of Maryland to issue revenue bonds and to loan the proceeds of the sale of such revenue bonds to a "facility user" to finance the acquisition (as defined in the Act) by such "facility user" of any facility (as defined in the Act). As defined in the Act, a "facility user" includes any individual, public or private corpor- ation, partnership, association, firm, or other entity whether or not created for the purpose of making a profit, which owns, leases, or uses all or any part of a facility. The Act declares it to be the legislative purpose to relieve conditions of unemployment in the State of Maryland, to encourage the increase of industry and a balanced economy in the State of Maryland, to assist in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland through among other things, port development and the control, reduction or abatement of pollution of the environment and the utilization and disposal of wastes (where proceeds of the bonds are used for that purpose), to promote economic development, to protect natural resources and encourage resource recovery and to generally promote the health, welfare and safety of the residents of each of the counties and municipalities of the State of Maryland. County Commissioners of Washington County, a body politic and corporate and a political subdivision of the State of Maryland (the "County"), has received a letter of intent dated September 3, 1985 (the "Letter of Intent") (in form attached hereto as Exhibit A), from Nesaki Limited Partnership, a Maryland limited partnership (the "Borrower"), a "facility applicant" as defined in the Act, in which it is requested that the County participate in the financing of a certain facility as defined herein, by the issuance of certain bonds described therein and by loaning the proceeds thereof to the Borrower for the purpose of acquiring and owning the facility defined herein upon the terms an conditions of a loan or similar agreement to be entered into between the County and the Borrower (the "Loan Agreement"), as permitted by the Act (such loan being herein referred to as the "Loan"). T::facility tail' b Y1OPrated as a motel. � The facility to be acquired will consist generally of (a) approximately 2 acres of land located on the east side of -2- Limestone Road at its intersection with Route 522, Hancock, Washington County, Maryland (the "Land"), (b) one or more build- ings to be located on the Land containing approximately 9,400 square feet of fully equipped motel space including approximately 40 motel rooms and related improvements (the "Buildings"), (c) equipment, machinery and furnishings for the Buildings (the "Equipment"), and (d) any other improvements or interests in land necessary or desirable for operation of the Buildings, together with roads and other rights of access, utilities, and other facilities necessary to the acquisition, construction and opera- tion of the facility (the "Other Interests") (the Land, the Buildings, the Equipment and the Other Interests collectively, the "Facility"). The Letter of Intent expresses the Borrower's acknowl- edgement that it must make best efforts to use minority firms, as defined in Section 8-601 of Article 21 of the Annotated Code of Maryland, as amended, in the construction of the Facility or the provision of services or supplies with the proceeds of the Bonds. The County, in compliance with the Tax Equity and Fiscal Responsibility Act of 1982 (the "Federal Act") held a public hearing on September 3, 1985, pursuant to notice (in form attached hereto as Exhibit B) published in a newspaper of general circula- tion in Washington County on August 19, 1985 for the purpose of apprising affected residents of Washington County, Maryland of the proposed issuance of the Bonds and allowing such residents to appear and be heard concerning the issuance of the Bonds and the location and nature of the Facility. The County has determined following such public hearing, and after having duly considered (a) the availability or feasibility of conventional financing on reasonable terms to finance the Facility, (b) the competitive effect of the issuance of the Bonds on other business entities conducting business activities similar to those of the Borrower within Washington County, (c) the necessity for the issuance of the Bonds for competitive economic development purposes to insure job opportunities and to provide for a sufficient tax base, that there will be a substantial public benefit from the issuance of the Bonds, that the issuance of the Bonds to finance the Facility is in the public interest and for a public purpose and by this Resolution has given its approval thereto. The County based upon the findings and determinations set forth below, has determined to participate in the financing of the Facility by (a) issuing, selling and delivering its revenue bonds in an aggregate principal amount not to exceed $765,000 (the "Bonds"), and (h) loaning the proceeds of the Bonds to the Borrower upon the terms and conditions of the Loan Agreement, as permitted by the Act. The Loan Agreement will require the Borrower (a) to use the proceeds of the Bonds solely to finance the acquisition of the Facility (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement), and -3- (b) to make Loan payments which will be sufficient to enable the County to pay the principal of and interest and premium, if any, on the Bonds when and as the same shall become due and payable. As security for the Bonds, the County may enter into a trust agreement with one or more corporate trustees or a purchase or assignment agreement with the purchaser of the Bonds pursuant to which the County will assign to such trustee or purchaser, among other things, and excepting the right of the County to indemnification and to payments of the County for expenses, all of the County's right, title and interest in and to, and remedies with respect to the Loan Agreement and any other document or instrument relating to the Loan, and any and all other property of every description and nature from time to time by delivery or by writing of any kind conveyed, pledged, assigned or transferred, as and for additional security for the Bonds. SECTION 1. BE IT RESOLVED UNTY, That, acting P fined as follows: (1) The issuance and sale of the Bonds by the County pursuant to the Act in order to lend the proceeds thereof to the Borrower for the sole and exclusive purpose (except to the extent of amounts permitted to be expended for other purposes under. the Act and by the Loan Agreement) of financing the acquisition (within the meaning of the Act) by the Borrower of the Facility will facilitate and expedite the acquisition of the Facility by the Borrower. (2) The acquisition of the Facility by the Borrower and the financing and refinancing thereof as provided in this Resolu- tion will promote the declared legislative purposes of the Act by (a) creating jobs and employment, thus relieving conditions of unemployment in the State of Maryland and in Washington County; (b) encouraging the increase of industry and commerce and the creation of a balanced economy in the State of Maryland and in Washington County; (c) assisting in the retention of existing industry and commerce and in the attraction of new industry and commerce in the State of Maryland and in Washington County; (d) promoting economic development; and (e) promoting the health, welfare and safety of the residents of the State of Maryland and Washington County. (3) In addition to authorizing the County itself to acquire the Facility and either to lease or to sell the same to the Borrower, the Act authorizes facility financing to be accom- plished in the fcrm of a loan by the County to the Borrower. The loan form of transaction avoids indirect costs and burdens on the County by eliminating any direct involvement by the County in the acquisi.tion. ownership or administration of the Facility while permitting the imposition of ample controls on the use of the pro- ceeds of the Bonds, thus insuring that the public purposes of the Act and the bond transactions are fully accomplished. Because it -4- is in the best interests of the citizens of Washington County to finance the acquisition of the Facility by a loan to the Borrower, this Resolution contemplates and authorizes a transaction in the form of a loan of the proceeds of the Bonds by the County to the Borrower. Accordingly, this Resolution, together with the written order to be executed by the President of the Board of County Commissioners of Washington County (the "Board") prior to the issuance, sale and delivery of the Bonds (the "Written Order"), the Loan Agreement and any other instrument pertaining to the issuance, sale or delivery of the Bonds including those instru- ments approved by the Written Order (such other instruments, together with the Loan Agreement, collectively, the "Bond Docu- ments"), contains, or shall contain, such provisions as the County deems appropriate to effect the financing of the acquisition by the Borrower of the Facility by the loan form of transaction. (4) NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR GENERAL OBLIGATION OF THE COUNTY OR A CHARGE AGAINST, OR PLEDGE OF THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY, WITHIN THE MEANING OF ANY CONSTITU- TIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION, AND NEITHER SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF THE COUNTY. THE BONDS AND THE INTEREST THEREON SHALL BE LIMITED OBLIGATIONS OF THE COUNTY, REPAYABLE BY THE COUNTY SOLELY FROM THE REVENUES DERIVED FROM LOAN REPAYMENTS (BOTH PRINCIPAL AND INTER- EST) MADE TO THE COUNTY BY THE BORROWER ON ACCOUNT OF THE LOAN AND FROM ANY OTHER MONIES MADE AVAILABLE TO THE COUNTY FOR SUCH PURPOSE. The proceeds of the Bonds, and the payments to be made by the Borrower pursuant to the Loan Agreement, will be paid directly to a trustee or the holders of the Bonds in the event a trustee is not appointed for such purpose to be held and disbursed as shall he approved by the President of the Board in the Written Order. No such monies will be commingled with the County's funds but will be subject only to such limited supervision and checks as are deemed necessary or desirable by the County to insure that the proceeds of the Bonds are used to accomplish the public purposes of the Act and this Resolution. The transactions authorized A,. ..,.t -,'4- +',,+ »nor nhvei,a1 ,'„hlin hatt�rmant nr im- provement or the acquisition of{property for public use or the purchase of equipment for public use. The public purposes expres- sed in the Act are to be achieved by facilitating the acquisition of the Facility by the Borrower. (5) The Borrower is or will be a "facility applicant" and a "facility user" as defined in the Act; the Facility to be acquired by the Borrower will be operated for motel uses within the purposes permitted by the Act. (6) The public purposes intended to be achieved by the [minty through the issuance of the Bonds will be achieved upon completion of the construction and acquisition of the Facility resulting in the location of new motel facilities in Washington County, Maryland. -5- SECTION 2. AND BE IT FURTHER RESOLVED approves and is authorized and empowered to issue, sell and deliver, at any time or from time to time, the following series of Bonds to be known as its "Washington County, Maryland, Economic Development Revenue Bond(s) (Nesaki Limited Partnership Project)" (provided that such designation may be changed or may contain such other descriptive information as the President of the Board may prescribe in the Written Order) in a principal amount not to exceed $765,000 subject to the provisions of this Resolution. The proceeds of the Bonds will be loaned to the Borrower pursuant to the terms and provisions of the Loan Agreement, to be expended by the Borrower for the sole and exclusive purpose of financing and refinancing the acquisition of a Facility as specified in the Act (except to the extent of amounts permitted to be expended for other purposes under the Act and by the Loan Agreement). The security and sources of payment for the Bonds shall be solely and exclusively as provided in Section 1 of this Resolution. The authority to issue the Bonds is intended to and shall include the authority to issue revenue refunding bonds. Reference herein to the "Bonds" shall include revenue refunding bonds where appropriate. In the event that any refunding bonds are issued pursuant to this Resolution, the outstanding principal amount of any "refunded bonds" (as hereinafter defined) shall not be taken into account in determining the aggregate principal amount of the Bonds issued, sold and delivered hereunder. The term "refunded bonds" means any Bonds (i) for the payment of which (both principal and interest) provision has been made from the proceeds (including any earnings on the investment thereof) of Bonds issued pursuant to this Resolution, or (ii) which have been paid from such proceeds, whether such provisions for payment, or such payment is made at or prior to the maturity of such Bonds. SECTION 3. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, T at t e Prest ent of e Board is hereby authorized, empowered, and directed to accept t► e Lctt_r „f I 'tent ,-n b 1 f of the Count': in order to evidence the intent of the County to issue, sell and deliver the Bonds in accordance with the terms and provisions of this Resolution. This Resolution is intended to be, and shall constitute, evidence of the County's intent to issue and deliver the Bonds authorized hereby in accordance with the terms hereof when the Bonds are sold, provided that the County shall have no duty to obtain a purchaser or purchasers therefor and shall incur no pecuniary liability in the event. the Bonds are not sold. The County and the Borrower contemplate that the Borrower may proceed with the acquisition of the Facility prior to the issuance, sale and deliv- ery of the Bonds authorized hereby. SECTION 4. AND BE IT FURTHER RESOLVED BY THE BOARD UY COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the Boni1Tte executed in the name of the county and on its behalf by the President or Vice President of the Board, by his or her manual or -6- facsimile signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other authorized officer) by his or her manual or facsimile signature. The Bond Documents shall be executed in the name of the County and on its behalf by the President or Vice President of the Board by his or her manual signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other authorized officer) by his or her manual signature. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds or any of the aforesaid documents shall cease to be such officer before the delivery of the Bonds or any of the other aforesaid documents, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The President of the Board, the Clerk to the Board and other officials of the County are hereby authorized and empowered to do all such acts and things and execute such other documents and certificates as the President of the Board may determine in the Written Order to be necessary to, carry out and comply with the provisions hereof. SECTION 5. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That prior to the issuance, sale and e ivery of the Bonds; the President of the Board shall execute the Written Order, pursuant to which the President of the Board may (without limitation) specify, pre- scribe, determine, provide for or approve, all within the limita- tions of this Resolution and the Act, all matters, details, forms, documents and procedures pertaining to the sale, security, issu- ance, delivery and payment of or for the Bonds, including (without limitation): (a) the principal amount of the Bonds to be issued at any one time and from time to time, the rate or rates of interest thereon, the date or dates of maturity thereof, provisions for the payment thereof, prepayment, sinking fund and redemption provi- sions (if any) thereof, the designation or desiyndLiullb uT the Bonds and of any series, and the date or dates of issuance there- of; (b) the form, tenor, terms and conditions of the Bonds, and provisions for the registration and transfer of the Bonds (if any); (c) the form and contents of, and provisions for the execution and delivery of, such financing documents as the Presi- dent of the Board shall deem necessary or desirable to evidence, secure or effectuate the Loan and the issuance, sale and delivery of the Bonds, including (without limitation) any loan agreements, notes, mortgages, security dyLCeneutti, assaigruue into, gu; anteec, financing agreements or escrow agreements; -7- (d) provision for the payment directly by the Borrower of all expenses of preparing, printing and selling the Bonds, including (without limitation) any and all costs, fees and expenses, incurred by or on behalf of the County in connection with the authorization, issuance, sale and delivery of the Bonds, and all costs incurred in connection with the development of the appropriate legal documents, including fees of counsel to the County, and compensation to any persons (other than full-time employees of the County) or entities performing services for or on behalf of the County in connection therewith and in connection with all other transactions contemplated by this Resolution, whether or not the proposed financing is consummated; (e) the creation of security for the Bonds and provi- sion for the administration of the Bonds, including (without limitation) the appointment of such trustees, escrow agents, payment agents, registrars or other agents as the Board shall deem necessary or desirable to effectuate the transactions authorized hereby; (f) the preparation and distribution, in conjunction with representatives of the Borrower and the prospective pur- chasers of or underwriters for the Bonds of any series, both a preliminary and a final official statement, placement memoranda or offering circular in connection with the sale of the Bonds of any series, if such preliminary official statement and final official statement, placement memoranda or offering circular are determined to be necessary or desirable for the sale of the Bonds of such series; (g) the form and contents of, and provisions for the execution and delivery of, a contract or contracts for the pur- chase and sale of the Bonds of any series (or any portion there- of); and (h) such other matters in connection with the authori- zation, issuance, execution, sale, delivery and payment of the Bonds, the security for the Bonds and the Loan, and the consum- mation of the transactions contemplated by this Resolution as may be deemed appropriate and approved by the President of the Board including (without limitation) establishing procedures for the execution, acknowledgement, sealing and delivery of such other and further agreements, documents, and instruments, and the authoriza- tion of the officials of the County to take any and all actions, as are or may be necessary or appropriate to consummate the transactions contemplated by this Resolution in accordance with the Act and this Resolution. SECTION 6. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY CO!*!!SS!ONER' OF WASHINGTON COUNTY, T at (a) THE ACT PRO- VIDES THAT NEITHER THE BONDS NOR THE INTEREST THEREON SHALL EVER CONSTITUTE AN INDEBTEDNESS OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF THE COUNTY WITHIN THE MEANING OF ANY CONSTI- TUTIONAL OR CHARTER PROVISION OR STATUTORY LIMITATION AND SHALL -8- NEVER CONSTITUTE OR GIVE RISE TO PECUNIARY LIABILITY OF THE COUNTY. In order to implement Section 266F(e) of the Act stating that the Bonds shall never constitute or give rise to pecuniary liability of the County, the Written Order, the Loan Agreement, the Bonds and the Bond Documents may provide that no bondholder shall look to the County for damages suffered by such bondholder as a result of the failure of the County to perform any covenant, undertaking or obligation under the Bond Documents, nor as a result of the incorrectness of any representation made by the County in the Bond Documents. Although this Resolution recognizes that the Bond Documents shall not give rise to pecuniary liability of the County, nothing contained in this Resolution or in the Bond Documents shall be construed to preclude in any way any action or proceedings (other than that element in any action or proceeding involving a claim for monetary damages against the County) in any court or before any governmental body, agency or instrumentality, or otherwise against the County or any of its officers or employ- ees to enforce the provisions of any of the Bond Documents. (b) Although the Bond Documents shall provide that the County shall have the right to seek remedies in the event of a default by the Borrower, it is contemplated that the County will assign the performance of obligations to take action to the trustee for the holder(s) of the Bonds or the purchaser or holder of the Bonds, in order to implement the purposes and intent of the Act, namely to facilitate the acquisition of the Facility by the Borrower without incurring any pecuniary obligation or liability of the County. Accordingly, if a trustee is appointed for such purpose, the trustee shall have the duty to act, whether or not at the direction of bondholders, in all instances in which the trustee for such Bonds may act and determines that action is appropriate. In any case where action by the trustee for the Bonds or the purchaser or holder of the Bonds requires simultane- ous or subsequent action by the County, the County will cooperate with such trustee or the purchaser or holder of the Bonds and take any and all action necessary to effectuate the purposes and intent of the Resolution and the Bond Documents. The performance by the trustee for the Bonds or the purchaser or holder of the Bonds of obligations under any of the Bond Documents permits the identifi- cation of all costs arising from the exercise of such obligations. The Bond Documents shall provide that the Borrower shall pay those costs in order to avoid any direct or indirect pecuniary burden on the County. SECTION 7, AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That, as permitted y the Act, a Bonus of each series sFiaTbe sold at private (nego- tiated) sale and at par, unless the President of the Board deems it :o be in the best interests of the County to sell the Bonds of any aeries at public sale or by retail sale or above or below par, in which event the Bonds of such series shall be sold in such manner, at such price or prices and upon such terms as shall be determined in the Written Order to be in the best interests of the County. The Bonds of each series shall be sold at such times, on -9- such dates and to such persons, firms or corporations (including, without limitation, banks or other financial institutions) as shall be determined by the President of the Board, with the consent of the Borrower. SECTION 8. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That the provisions of this Resolution are severable, and if any provision, sentence, clause, section or part hereof is held illegal, invalid or uncon- stitutional or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Resolution or their application to other persons or circumstances and the remaining provisions shall be construed so as to give practical realization to the public purposes intended to be achieved hereunder and the protection against pecuniary liability to be afforded to the County. It is hereby declared to be the legislative intent that this Resolution would have been passed if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included herein, and if the person or circumstances to which this Resolution or any part hereof are inapplicable had been specifically exempted herefrom. SECTION 9. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That th� County reserves the right to refrain from issuing the Bonds hereby authorized or to postpone such issuance for such time or times as it may determine if it, in its sole discretion, determines (i) that the interest on the Bonds will or may not be exempt from federal income taxation, or (ii) that the issuance of the Bonds might prevent it from issuing its bonds the interest on which will be exempt from federal income taxation, to finance one or more other facilities at such time or times as it desires to issue such bonds for other facilities. SECTION 10. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY. That unless such time period shall e unite y�otFier app3'ica le law, in the event that the financing transactions contemplated by this Resolution shall not have occurred by December 31, 1985, the County's authoriza- tion under this Resolution shall terminate unless otherwise extended by resolution of the Board. SECTION 11. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That This Reso ution shallto e e ectfrom tie ate of its adoption. PASSED Arm ADOPTED this 3rd day of September, 1985. -10-' EXHIBIT B CERTIFICATION OF PUBLICATION Nrr'lV►...t4'FI..!yr-, o"cLf THE HERALD -MAIL COMPANY Dt to b.r,rftfl,L Tbm aril amsaad adveredsesasss his been tub. rki.d in sk iy wewstaje► tubUshed in Washington cos+fssyy,, AferywiJ ass...........• ..i11 ....................... ,J98J THE HERALD -MAIL CO. L,5u4q I.00ATIW NW..ILMM1MPWMW A" F*OPD.ID UN OF FACILITY Th{ Fact5v aA 11� 4WIMN w 41 NESAKI LIMITED PARTNERSHIP 136 South Potomac Street Hagerstown, Maryland 21740 September 3, 1985 County Commissioners of Washington County c/o Leroy R. Burtner, Director Washington County Economic Development Commission Court House Annex Hagerstown, Maryland 21740 Re: $765,000 Washington County, Maryland Economic Development Revenue Bonds (Nesaki Limited Partnership Project) Ladies and Gentlemen: Nesaki Limited Partnership, a Maryland limited partnership (the "Borrower"), requests that County Commissioners of Washington County (the "County") participate in the financing of the acquisition and construction of new facilities hereinafter described (the "Facility") to be located in Washington Count+, Maryland, by authorizing, issuing and selling its economic development revenue bonds in a principal amount not to exceed $765,000 (the "Bonds"), pursuant to Sections 266A through 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Vol se) as amended (the "Act"). It is intended that this letter, if accepted by the County, shall constitute a "letter of intent" as contemplated by Section 266A(h) of the Act. It is proposed that the County loan the proceeds of the Bonds (the "Loan") to the Borrower pursuant to the terms and provisions of a loan or similar agreement to be entered into by the County and the Borrower (the "Loan Agreement"). The Loan Agreement will require the Borrower to use the proceeds of the Loan for the sole and exclusive purpose of financing the acquisi- tion and construction of the Facility by the Borrower as generally described herein and the payment of the costs of preparing and selling the Bonds and other costs as permitted by the Act. The Facility will be operated as a motel. The Bonds shall be repay- able by the County solely from the revenue derived from loan re- payments (both principal and interest) made to the County by the Borrower pursuant to the terms and provisions of the Loan Agree- ment and from any other monies made available to the County for such purpose. County Commissioners of Washington County Page 2 September. 3, 1985 The Borrower is a "facility applicant" and "facility user" (as mentioned in Section 266A(h) and (i) of the Act). The Loan Agreement will require the Borrower to make Loan payments (both principal and interest) sufficient tc pay (a) the principal of, and interest and redemption premium, if any, on, the Bonds, and (b) all expenses incurred by the County in connec- tion with the issuance and sale of the Bonds and the making and administration of the Loan, as the same become due and payable. The Borrower agrees that all costs of acquiring and constructing the Facility in excess of the proceeds of the Loan will be paid by the Borrower. The Loan Agreement will contain such other pro- visions as may be required by law and as may be agreed to by the Borrower, the County, and the purchaser(s) of the Bonds, as permitted by law. The Facility, which is a "facility" as defined in the Act, will consist generally of (i) approximately 2.00 acres of land located on the east side of Limestone Road at its intersec- tion with Route 522 in Hancock, Washington County, Maryland (the "Land"); (ii) one or more buildings of approximately 9,400 square feet of fully equipped motel space including approximately 40 motel roams and related improvements (the "Buildings""); (iii) equipment, machinery and furnishings for the Buildings (the "Equipment"); and (iv) any other improvements or interests in land necessary or desirable for operation of the Buildings, together with roads or other rights of access, utilities, and other facili- ties necessary to the acquisition, construction and operation of the Facility. It is expected that within the first three years of operation, the Facility will provide employment for approximately 1.0 people. The acquisition of the Facility will promote the de- clared legislative purposes of the Act by (a) creating jobs and thus relieving conditions of unemployment in the State of Maryland (the "State") and in Washington County, (b) encouraging the in- crease of industry and commerce and the creation of a balanced economy in the State and in Washington County, (c) assisting in the retention of existing Znebiutry end cc rerce in. th� attraction of new industry and commerce in the State and in Washington County, (d) promoting economic development, and (e) generally promoting the health, welfare and safety of the resi- dents of the State and Washington County. County Commissioners of Washington County Page 3 September 3, 1985 Financial considerations have been a factor leading to the Borrower's decision to acquire the Facility and its decision has been influenced materially by the availability of economic development revenue bond financing. It is expressly understood and agreed that (a) the County will not incur any liability, direct or indirect, or any cost, direct or indirect, in connection with the issuance and sale of the Bonds, the making of the Loan or the rehabilitation, modernization and construction of the Facility, and (b) the Facility will be acquired so as to conform to the requirements of the Borrower. Accordingly, the Borrower will (a) select, super- vise and work with the suppliers and contractors and will provide, construct, and equip the Facility, and negotiate and approve all contracts, construction plans, drawings, specifications, and all financing arrangements in connection with the acquisition and construction of the Facility, and (b) pay all costs incurred by, or on behalf of, the County in connection with the issuance. sale, delivery and administration of the Bonds, the making of the Loan, including the administration thereof, and in connection with the acquisition and construction of the Facility, including (without limitation) all costs incurred in connection with the development of the appropriate legal documents necessary to effectuate the proposed financing and acquisition, including (without limitation) the fees of bond counsel to the County and compensation to any other person (other than full time employees of the County) performing services by or on behalf of the County in connection with the transactions contemplated by this letter of intent whether or not the proposed financing and acquisition are con- summated. It is further understood and agreed to by the Borrower that the proposal contained herein is subject to (a) a public hearing to be held by the County pursuant to at least fourteen (14) days notice in a newspaper of general circulation in Washington County, (b) the approval of, and appropriate action by, the Board of County Commissioners of Washington County which action includes, but is not limited to, passage by the County of a resolution implementing the financing of the project described herein and approving the Bonds (the "Resolution"), and either the passage of a final administrative resolution or the execution of a written order as will be provided for in the Resolution, and (c) the approval of detailed p:covisions of all documents pertaining to the financing as yet to be developed. County Commissioners of Washington County Page 4 September 3, 1985 The acceptance of this letter by the County shall constitute evidence of the present intent of the County to auth- orize the issuance, sale and delivery of the Bonds and to author- ize the Loan for the purposes described herein subject to the conditions described herein; provided, however, that the Borrower recognizes that: 1. The County cannot make any guaranty, promise or assurance that the terms and conditions (including, but not limited to, the principal amount of the Bonds to be issued, the rate or rates of interest the Bonds are to bear, the times that the interest on the Bonds is to be paid, the redemption provisions for the Bonds, the time the Bonds are to be executed, issued and delivered and their form, tenor and denomination) of the Bonds as actually authorized to be issued, will be acceptable to the Borrower; 2. The County can give no guaranty, promise or assur- ance as to the availability of ready, willing and able purchasers of the Bonds; 3. The County reserves the right to refrain from issuing the Bonds hereby authorized or to postpone such issuance for such time or times as it may determine if it, in its sole discretion, determines (i) that the interest on such Bonds will or may not be exempt from federal income taxation, or (ii) that the issuance of such Bonds might prevent it from issuing its bonds, the interest on which will be exempt from federal income taxation, to finance one or more other facilities at such time or times as it desires to issue such bonds for other facilities; and 4. Pursuant to Section 8 of Executive Order 01.01.1985.01 of the Governor of the State of Maryland titled "Proclamation on Private Activity Bond Allocations for 1985 and Later" the Borrower must make best efforts to use minority firms, as defined in Section 8-601 of Article 21 of the Annotated Code of Maryland, as amended, in the construction of the Facility or the provision of services or supplies with the proceeds of the Bonds. The County's adoption of the Resolution and its accept-, ance of tnis letter of intent ai;e Lntanded ociclj to lnrl!menl_ the financing of the project described herein by enabling the issuance and sale by the County of the Bonds. Neither the acceptance of this letter of intent nor the adoption of the Resolution will constitute any assurance by the County to any prospective pur- chasers of the Bonds that (i) the Borrower will have the ability County Commissioners of Washington County Page 5 September 3, 1985 to repay the Loan, (ii) the Facility will be feasible economically or otherwise, (iii) the Facility will be completed, or (iv) the Facility will be in compliance with applicable County, State or Federal laws. The Borrower agrees to use its best efforts to complete the financing contemplated hereunder and to acquire and construct the Facility. It is also understood and agreed that the County re- serves the right to withdraw the authorization set forth in the Resolution and this letter of intent should either the Facility or such authorization prove to be in violation of the County. State or Federal laws applicable to the Facility or such authorization unless appropriate steps are taken by the Borrower to alter the Facility or otherwise, to bring the proposed Facility or financing into compliance with such laws. The Borrower intends that the interest payable on the Bonds shall be exempt from federal income taxation pursuant to Section 103(b) of the Internal Revenue Code of 1954, as amended. The Borrower acknowledges that certain legislation has been adopted which, among other things, may adversely affect the exemption from federal income taxation with respect to the interest payable on the Bonds, limit the use which may be made of the proceeds of the Bonds, or limit by a volume cap the ability of the County to issue bonds or other obligations, the interest payable on which is to be exempt from federal income taxation. THE BORROWER FURTHER ACKNOWLEDGES THE BONDS WILL BE SUBJECT TO THE COUNTY'S VOLUME CAP AND THAT THE COUNTY CANNOT GUARh TEE THAT A VOLUME CAP ALLOCATION WILL BE AVAILABLE FOR THE BONDS. THE BORROWER AGREES TO USE ITS BEST EFFORTS TO CAUSE THE BONDS TO BE ISSUED ON OR BEFORE SEPTEMBER 30, 1985. The Borrower agrees that it will provide all certifica- tions (including opinions of its counsel) required by bond counsel to the County in order to establish that interest on the Bonds will be exempt from Federal income taxation (including certi- fications enabling the County to certify that the Bonds are not arbitrage bonds). The Borrower also agrees that in the event that it determines that a portion of the Land to be acquired out of the proceeds of the Bonds is not required for operations of the County Commissioners of Washington County Page 6 September 3, 1985 Borrower, any proceeds from the sale of the land shall be applied to a reduction of principal on the Bonds. Neither the Bonds, nor any interest thereon, shall ever constitute an indebtedness or a charge against the general credit or taxing powers of the County, within the meaning of any consti- tutional or charter provisions or statutory limitation, and neither shall ever constitute or give rise to any pecuniary liability of the County. In the event that the financing transactions contemplated by this letter of intent shall not have occurred by December 31, 1985 (or such shorter period if required by applicable law), the County's authorization under this letter of intent shall terminate. Very truly yours, Accepted this 3rd day of September, 1985, pursuant to Resolution passed by the County Commissioners of Washington County on September 3, 1985, by the President of the Board of County Commissioners of Washington County. COU}:TY COMMISSIONERS OF WASHINGTON COUNTY By: Ronal L. Boxers Presi ent Board of County Commissioners of Washington County September 10, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE T e Invocation was delivered y Commissioner Salvatore, followed by the Pledge of Allegiance to the Flag by the full Assemblage. EMPLOYEE HEALTH PROGRAMS Alan Davis, Personnel and Employee Benefits Administrator, appeared before the Commissioners along with Health Department Officials to inform them of two (2) new health promotion projects to be offered to county employees in addition to the worksite health screening program. He said that the screening program will serve as a means for the Health Department to begin an extensive education program to help persons suffering from high blood pressure, and dovetailing into this will be the introduction of the American Heart Association's "Heart at Work" Program. The Commissioners indicated their endorsement and support of the employee wellness ii programs. APPOINTMENTS TO HISTORICAL ADVISORY COMMITTEE Motion made by Commissioner Snook, seconded by Roulette to appoint Barbara Wetzel, Gloria Dahlhammer and Marjorie Peters to serve as members of the Washington County Historical Advisory Committee. Unanimously approved. MINUTES OF MEETINGS FOR JULY 23 AND AUGUST 6, 1985 Motion made by Commissioner Roulette, seconded by Downey to approve of the Minutes of the County Commissioners' Meetings for July 23 and August 6, 1985, as submitted. Unanimously approved. SPUR UNITED EFFORT TO KEEP MACE TRUCKS Ater a lengthy discussion of the adverse effect upon the local community if Mack Trucks has a large layoff, a MOTION was made by Commissioner Roulette, seconded by Snook and unanimously passed to arrange a meeting with Federal, State and local government officials, Mack Management and union representatives, in an effort to determine if help can be given towards keeping the Hagerstown Mack work force intact. CONVEYANCE OF PROPERTY TO NELSON ESHELMAN Motion made by Commissioner Downey, seconded by Roulette to proceed with the conveyance of .9 acre of the former Reid School property to Nelson Eshelman, in accordance with the duly published Notice of Intention to Convey. Unanimously approved. SALE OF FORMER REID SCHOOL PROPERTY Mot on made by Commissioner Roulette, seconded by Salvatore to accept the high bid of $12,000 submitted by Thomas A. Vitanza to purchase the former Reid School property, and to accept the bid deposit of $1200 as downpayment. Unanimously approved. ADDITION OF BROOK LANE TO CONTRIBUTION LIST Motion made by Commissioner Snook, seconded by Roulette to approve of the addition of Brook Lane Psychiatric Center to the list of agencies eligible to receive contributions from the County. Unanimously approved. AGREEMENT FOR LAND CONVEYANCE TO L.& M. ASSOCIATES Motion made by Commissioner Snook, second eo Sy Roulette to approve of the agreement for the conveyance of land in the Washington County Industrial Park, including provisions for construction of an entrance, to L.& M. Associates, and authorizing the President of the Board to sign the agreement on behalf of Washington County. Unanimously approved. BATTLETOMN ROAD BRIDGE INSPECTION SERVICES Mot on made by Commissioner Downeyy, seconded by Roulette to select John Herbert, Associates Engineering Sciences, Inc., to perform the inspection services for the oottjet—n nnAri Prniwet. for an hourly fee of $20.00. Unanimously approved. SEPTEMBER 10, 1985 MINUTES, CONT'D. RENEW RENTAL LEASE - WESTERN MARYLAND CONSORTIUM Motion made by Commissioner Salvatore, seconded by Roulette to renew the annual lease for rental of the fourth floor of the County Office Building by the Western Maryland Consortium, at the rate of $6.50 per square foot. Unanimously approved. CHANGE ORDER *121 - SHELL BUILDING CONTRACT II Motion made by Commissioner Roulette, seconded by Downey to approve of Change Order #121 to the Shell Building #2 Contract, to add $206 to the contract sum of Perini Construction, Inc. for furnishing one (1) borrow lite frame and clear wire glass for Inventory Room. Unanimously approved. CONVENE IN EXECUTIVE SESSION Nct on made by Comm "sioner Salvatore, seconded by Roulette to convene in Executive Session at 10:25 a.m. in regard to personnel matters and litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion mada by Commissioner Roulette, seconded by Snook to reconvene in Regular Session at 11:30 a.m. Unanimously approved. ELECTRICAL INSPECTIOpS CONTRACT Jack Barr, speaking on behalf of members of the Catoctin Electrical Contractors Association, Inc., appeared before the Commissioners to express concern over the new rate schedule proposed by the Middle Department for renewal of the electrical inspections contract. Mr. Barr suggested that, if MDIA will not continue under the existing schedule, another agency should be selected to perform the inspections until a new contract can be agreed upon. James Heinsberg, MDIA official, stated �! that the new rates would decrease for residential and increase for commercial, but that the old rate schedule could remain in effect if the contractors so desired. The Commissioners asked the two groups to meet and try to resolve the rate structure. No other decisions were made at this time. EMPLOY PAST —TINE Bus DRIVERS Motion made by Commissioner Roulette, seconded by Downey to accept the recommendation of the County Commuter Manager and employ Patricia Campbell and �I Edward Grove in the positions of part-time bus operators. Unanimously approved. III ADJOUR1ElENT Motion madi by Commissioner Roulette, seconded by Downey to adjourn at 1:00 p.m. Unanimously approved. o Atto ey Clerk I 1 I I September 17, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 900 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE T e Invocation was delivered by Pastor Norman Meyer of the Calvary Brethren Church followed by the Pledge of Allegiance to the Flag by the full Assemblage. APPOINTMENT TO HEALTH SYSTEMS AGENCY Motion made by Commissioner Snook, seconded by Roulette to appoint John W. Lopez, District Manager for Blue Cross -Blue Shield of Maryland, to the Health Systems Agency of Western Maryland for a three-year term. Unanimously approved. CLEAR SPRING SCHOOL PROPERTY Motion made by Commissioner Roulette, seconded by Snook to accept the recommendation of the Parks Department to incorporate the remaining 2+ acres of the , former Clear Spring High School land with the Clear Spring Park. Unanimously i approved. !� MINUTES - AUGUST. 13 AND 27, 1985 ii Motion made by commissioner Downey, seconded by Roulette to approve the minutes of ii the Meeting of August 13 and August, 27, 1985, as corrected. Unanimously approved. RESOLUTION - SANITARY COMMISSION Motion made by Commissioner Downey, seconded by Snook to adopt a resolution to revise the boundaries of Subdivision 15, Maugansville/Orchard Hills as presented by the Sanitary Commission. Unanimously approved. SPRBCHER/JEE:ER ROAD BRIDGES Motion made by Commissioner Snook, seconded by Roulette to TABLE any action regarding Sprecher/Keefer Road Bridges until a later date. Unanimously approved. EASTERN BOULEVARD EASEMENTS Motion made by Commissioner Downey, seconded by Roulette to enter into an agreement with the Cheaaie System for five easement areas and the crossing which will be needed for the construction of Eastern Boulevard for the sum of $3,500. Unanimously approved. jiMotion made by Commiasioner Snook, seconded by Roulette to enter into an agreement with Shanks Farm*, Inc. for the easement area needed to divert Hamilton Run around the .1bridge which will be replacing the existing bridge for a term from November 1, 1985 through November 1, 1986 under a Temporary Construction Easement for the sum of '!$250. Unanimously approved. PROJECTED COSTS - MARTINS CROSSROADS WATER SYSTEM Motion made by Commissioner Downey, seconded by Roulette to agree to a $250 connection fee with a maximum initial quarterly charge of $65, with any additional money needed to be provided in the form of a grant from the County or a payback from new users hooking onto the system and that the service area for the project would include Mt. Tabor, Resh and Pinecrest Roads and the area for service mandated by the State with any other areas being considered alternates to be decided at the time bids are opened if they will become part of the system. Unanimously approved. JUDGES OF THE ORPHAN'S COURT Mary Baker, Wil1iaiGT n and Edward Shank, Judges for the Orphan's Court, appeared hafnre the Commissioners to request a salary increase of $1800/year for a total salary of $6000/year and that the Judges be included in the Slate pension system. The Commissioners agreed to bring their request to the attention of the County's Delegation to the General Assembly when they meet to discuss the 1986 legislative requests. AMENDMENT TO PROGRAM OPEN SPACE ANNUAL PROGRAM — PUNKSTOWN Mot on made by Comm ssT Downey, seconded by Snoo to approve amending the annual Program Open Space program to include a project for the Town of Funkstown to pursue the purchase of 25 acres of land for expansion of the Funkstown Park. Unanimously approved. U SEPTEMBER 17, 1985 MINUTES, CONT'D. REZONING CASE RZ-290 Motion made by Commissioner Downey, seconded by Snook to approve Rezoning Case RZ- 290 for the rezoning of 2.98 acres of land along Northern Avenue owned by Harold Brandenburg to "BL" due to a mistake in the original zoning. Unanimously approved. PROGRAM OPEN SPACE AMENDMENT - HAGERSTOWN Mot on made by Commissioner -'Downey, seconded by Roulette to approve of the City of Hagerstown's revised request for Program Open Space funding which would reflect the elimination of projects for the West End Swimming Pool, Fairground Recreation and associated development projects, with acquisition funds for the Municipal Golf Course retained. Unanimously approved. OVERLAY PROGRAM The Gomm ss oners decided to delay the overlay of approximately one mile of Gossard Mill Road until next year due to cost overruns in this program. ADVANCE OF FUNDS - HIGHFIELD WATER SYSTEM T e Commissioners agreed to delay any action regarding the Sanitary Commission's request for a $750 advance for a complete housing survey until Neil Curran, Director of Housing & Community Development, is contacted to see what data he may be able to provide regarding the survey information. ADVERTISING IN TABLOID — MUMMER'S PARADE Motion made by Commissioner Downey, seconded by Roulette to decline to advertise in the parade tabloid, since the County does provide an annual contribution o€ $750 to the Alsatia Club in support of the parade. Unanimously approved. BID OPENING — RESEALING s RESTRIPING OF TENNIS COURTS Bids for the resealing and restriping o tennis courts were publicly opened and read aloud. The proposals were as follows: American Tennis Courts, Inc.: Part 1 - resealing and restriping of eight tennis courts at North Hagerstown High School - $8,107 (separate price for performance bond - $72). Part 2 - resealing and reatriping of all-weather running track, high jump, triple jump and long jump runway and pole vault runway at North Hagerstown High School - $9,541 (separate price for performance bond - $81). Combined bids for both projects - $17,648, separate price for performance bond - 5153. John W. �Taylor &Associates: Part 1 - resealing and restriping of eight tennis courts at North Hagerstown 1?TT School - $9,000 (no price listed for performance bond). Part 2 - resealing and restriping of all-weather running track, high jump, triple jump and long jump runway and pole vault runway at North Hagerstown High School - $14,900 (no charge additionally for performance bond). Combined bids for both projects - $23,900 with no charge for performance bond. The bids will be reviewed by the appropriate officials before a decision is rendered. (Decision rendered later during Morning Session.) BID OPENING - SHOW E UUIIPMENT s or snow equ pment for the Roads Department were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Antietam Equipment: Chemical and Material Spreader - $6,832.52; One-way snow plow - $2,763 price/unit; Reversible snow plow - $2,470 price/unit, Lehnert Transportation Equipment: Chemical and Material Spreader - $7,791; One-way snow plow - $2,725; Reversible snow plow -$3,010. The bids will be reviewed by appropriate officials prior to a decision being rendered. (Decision rendered later during Morning Session.) CONVENE IN EXECUTIVE SESSION Motion made by omm os oner Roulette, seconded by Downey to convene in Executive Session at 11:10 a.m. in regard to personnel and property matters, pursuant to the authority ccntalnea In Article 76(A), JCllLluu 11(a)(v & 7) of tho Annottod Code of Maryland. Unanimously approved. RECO6rJENE IN REGULAR SESSION Motion ma e y ComnlsssTo ner-Roulette, seconded by Downey to reconvene in Regular Session at 12:25 p.m. Unanimously approved. EMPLOY SUBSTITUTE BUS DRIVER lMoon ma e by Comm as oner Roulette, seconded by Snook to concur with the recommendation of the Manager of the County Commuter and employ James Dean as a i substitute bus attendant at the County Commuter. Unanimously approved. it I II I [l ■ I Ii I I ii SEPTEMBER 17, 1985 JMINUTES, CONT'D. 'EMPLOY RECREATION COORDINATOR "Mot on made by Commissioner Roulette, seconded by Downey to concur with recommendation of the Hagerstown/Washington County Recreation Commission !.Jeffrey Scuffins in the position of Recreation Coordinator. Unanimously the and employ approved. 'BID ACCEPTANCE - RESTRIPING & RESEALING OF TENNIS COURTS Motion made by Commissioner Downey, seconded by Roulette to accept the low bid of American Tennis Courts, Inc. for the restriping and resealing of eight tennis courts and the restriping and resealing of the all-weather running track, high jump, triple and long jump runways and pole vault runway at North Hagerstown High (School in the amount of $17,648, with a.performance bond of $153. Unanimously approved, BID ACCEPTANCE - SNOI EQUIPMENT Motion made by Commissioner Roulette, seconded by Downey to accept the low bids of Antietam Equipment for the Chemical and Material Spreader in the amount of $6,832.52 and the Reversible Snow Plow in the amount of $2,470 and to accept the low bid of Lehnert Transportation Equipment for the One -Way Snow Plow in the amount of $2,725. Unanimously approved. AWOURNMEBT Motion ma a by Commissioner Roulette, seconded by Snook to adjourn at 12:30 p.m. Unanimously approved. Coup" Attdrney 0 , Clerk September 24, 1985 Hagerstown, Maryland 21740 U The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. I I INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Bowers, followed by the Pledge of Allegiance to the Flag by the full Assemblage. AMENDED RESOLUTION - DIN -A -GAME BOND ISSUE William Young, Attorney, representing Bond Counsel, appeared before the j' Commissioners to request them to extend the time set forth in the Resolution adopted on April 9, 1985 authorizing a $350,000 economic development revenue bond issue for the benefit of DIM 'A -Game. He stated that the Borrower requests that the period within which the financing must occur be extended to December 31, 1985 and submitted an Amended Resolution and Supplemental Letter of Intent for the �ICommissioners' consideration. The County Attorney affirmed that the Documents in order. were MOTION made by Commissioner Downey, seconded by Roulette to adopt a Resolution amending a Resolution dated April 9, 1985 extending the period within which financing must occur to December 31, 1985 and accepting a Supplemental Letter of Intent dated September 24, 1985 from DIM 'A -Game. Motion carried with Commissioners Downey, Roulette, Snook and Bowers voting "AYE" and Commissioners Salvatore "ABSTAINING". (Amended Resolution and Letter of Intent attached.) REAPPOINTMENT TO SOCIAL SERVICES BOARD Motion made by Commissioner Roulette, seconded by Salvatore to reappoint Susan Latimer to serve as a member of the Board of Social Services for a three-year term to expire June 30, 1988. Unanimously approved. RENEW CONTRACT FOR ELECTRICAL INSPECTION SERVICES Motion made by Comm a oner Roulette, seconded y Snook to renew the contract for electrical inspection services with the Middle Department Inspection Agency for the third of three years to August 31, 1986, with the existing fee schedule in place as clarified in the letter of July 3, 1985 to the County Administrator regarding service charges and feeders. Unanimously approved. ,AWARD CONTRACT — REHAB OF BRIDGES Motion made by Commissioner Salvatore, seconded by Roulette to award the contract 1for rehabilitation of Keefer Road Bridge at Lanes Run and two (2) bridges on �1Sprecher Road at Marsh Run to Building Systems, Inc. who submitted the low bid of :;$96,070 and to appropriate the funds over budget for this project from Capital '!Contingency. Unanimously approved. ESCROW AND LOAN AGREEMENTS - MARYLAND APPALACHIAN HOUSING FUND ;Ne Curran, Director of the Department of Housing & Community Development, along with Penny Davis and Jerry Busey, officials with the Maryland Department of Economic and Community Development, appeared before the Commission for execution of the Escrow and Loan Agreements for a loan in the amount of $100,000 for the benefit of owners of trailer parks and multi -family rental apartment units in the Mauganeville/Orchard Hills Sanitary District and to present the Commissioners with a check in the amount of $100,000. LIABILITY INSURANCE BID Alan Davis, Insurance Administrator, appeared before the Commissioners to inform them that he had received two (2) general liability quotations from the Hartford Insurance Company and that the Insurance Committee recommended that Hartford's bid for $315,343 with the payment option of 40% down and they accept the remaining 60% payable in equal amounts after. the 3rd and 6th months. He said that by accepting the policy the county would not be bound for the total one year duration but would allow time to investigate other vehicles for the provision of this essential coverage. MOTION made by Commissioner Salvatore to reject the bid of the Hartford Insurance Company and become self -insured after October 1, 1985 with the excess insurance level of $1,000,000 in effect through November 1, 1985. Motion died for lack of a second. SEPTEMBER 24, 1985 MINUTES, CONT'D. MOTION made by Commissioner Roulette, seconded by Salvatore to defer further discussion of a self -insured general liability program until additional data can be provided by the Insurance Administrator, at a special meeting to be held at 1:30 p.m. on September 26, 1985. Unanimously approved. BID OPENING - LANDFILL UTILITY TRUCK Bids for one (1) one -ton chassis & cab with utility body for the Landfill were publicly opened and read aloud. Firms participating in the bidding and their proposal were as follows: Martin Truck Corporation - $20,338, Hoffman Chevrolet - $19,092. The bids will be reviewed by appropriate officials prior to a decision being rendered. (Decision rendered during Afternoon Session, this date.) ADVANCE FUNDS TO SANITARY COMMISSION FOR HOUSING SURVEY Motion made by Commissioner Downey, seconded by Snook to advance $750.00 to the Sanitary Commission for a housing survey of the Highfield/Cascade water service area, in order to apply for funds through the Office of Housing & Community Development to assist the resident in the cost of installing services and housing rehabilitation. Unanimously approved. TITLE S.P.C.A. TRUCKS TO COUNTY ;I Motion made by Commissioner Roulette, seconded by L'owney to approve of titling the two (2) new S.P.C.A. service trucks to Washington County government since there will be no change in liability coverage on the vehicles. Unanimously approved. NAIVE RIGHT TO COMMENT RE SLUDGE DISPOSAL OPERATIONS Notion made by Commissioner Roulette, seconded by Snook to waive the opportunity to cement on the disposal of sludge taken out of Ft. Ritchie by A.C.& T. since this operation is under the jurisdiction of and subject to the issuance of a permit by the State Department of Health & Mental Hygiene. Unanimously approved. I mrASE OVERTIME RATE FOR SHERIFFS DEPUTIES ton made by Commissioner Salvatore, seconded by Roulette to increase the rate charged for contracted overtime assignments for Sheriff's Deputies to $18.00 per hour. Unanimously approved. COMVZOE IN EXECUTIVE SESSION Ij E on made by Commissioner Downey, seconded by Roulette to convene in Executive Session at 11:30 a.m. in regard to property and personnel matters, pursuant to the Authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND RECESS of on made by Commissioner Salvatore, seconded by Snook to reconvene in Regular Session and recess for lunch and field inspections at 12:15 p.m. Unanimously approved. AF21MMOON SESSION e Afternoon Session was convened at 3:00 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. ANARD BID - LANDFILL UTILITY TRUCK Motion made by Commissioner Salvatore, seconded by Snook to award the bid for a one -ton chassis & cab with utility body for the Landfill to Hoffman Chevrolet who submitted the low bid of $19,092. Unanimously approved. CONVENE IN EXECUTIVE SESSION Mot on ma e y Comm ss oner Snook, seconded by Roulette to convene in Executive Session at 3:05 p.m. in regard to property matters, pursuant to the Authority contained in Article 76(A), Section 11(a)(6 s 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND ADJOURN Not on made by Commissioner Downey, seconded by Salvatore to reconvene in Regular Session and adjourn at 4:45 p.m. Unanimously approved. Cou Attorn y Clerk SEPTEMBER 24, 1985 MINUTES, CONT'D. I RESOLUTION A RESOLUTION AMENDING A RESOLUTION ADOPTED ON APRIL 9, 1985 EXTENDING THE PERIOD WITHIN WHICH THE FINANCING CONTEMPLATED THEREIN MUST OCCUR; ACCEPTING A SUPPLEMENTAL LETTER OF INTENT FROM DIM 'A -GAME; AND PROVIDING FOR CERTAIN RELATED MATTERS. RECITALS By Resolution adopted on April 9, 1985 (the "Resolu- i• J tion"), County Commissioners of Washington County, a body politic and corporate and a political subdivision of the State of Maryland (the "County") accepted a letter of intent dated March 21, 1985 (the "Letter of Intent") from DIM 'A -Game, a Maryland general partnership (the "Borrower"), pursuant to which the Borrower requested a certain economic development revenue bond issue authorization to finance the acquisition and construction of a certain Facility (as described in the Resolution) in Washington County, Maryland. In the Letter of Intent, the Borrower acknowledged that t in the event that the financing contemplated therein did not occur ® by September 30, 1985, the County's commitment under the Letter of Intent and Resolution would terminate (this commitment being hereafter referred to as the "County's Commitment"). Section 1(6) of the Resolution provided that the public purposes intended to be achieved through issuance of the Bonds would be achieved upon completion of the Facility. Since the adoption of the Resolution, the Borrower has determined that the time necessary to consummate the financing contemplated in the Letter of Intent is likely to exceed September 30, 1985 and the Borrower, by a Supplemental.. Letter of Intent dated September 24, 1985, and attached hereto as Exhibit A (the "Supplemental Letter of Intent") has requested that the County consent to the amendment of the Letter of Intent to extend the County's Commitment for an additional period of time hereinafter stated. NOW THEREFORE: Section 1. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That it is hereby found and determined that an extension of the amount of time for consummation of the financing contemplated in the Letter of Intent and the Resolution will enhance the accomplishment of the public purposes for which the Bonds are to be issued. Section 2. AND BE IT FURTHER —fiRESOLr)VE BY THE bOAKU of - tL --- COUNTY COMMISSIONERS OF WASHINGTON COUNTY, That Section 10 of the Resolution is hereby amended to provide that the Borrower shall I EXHIBIT A SUPPLEMENTAL LETTER OF INTENT have until December 31, 1985 to consummate the financing contem- plated therein and the President of the Board of County Commis- sioners is'hereby authorized, empowered and directed to accept the Supplemental Letter of Intent. Section 3. AND BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY,That, at, all provisions of the Letter of Intent and Resolution not modified hereby and by the Supplemental Letter of Intent are ratified and confirmed in all respects by this Supplemental Resolution. Section 4. AND BE IT FURTHER RESOLVED BY THE BOARD OF UN'rY CUf'MMISS1UNERS OF WASH1NUTUN COUNTY, That this Supplemental solution shall take effect rom meta of its adoption. Passed and adopted this?/ ay of September, 1985. ATTEST: Kathry Short, C erk -2- BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: Rana L. ow resident Board of County Commissioners of Frederick County September 24, 1985 County Commissioners of Washington County Court House Hagerstown, Maryland 21740 Re: $350,000 Washington County, Maryland, Economic Development Revenue Bonds (DIM '.A -Game, a Partnership Pro ect Ladies and Gentlemen: By letter of intent dated March 21, 1985 (the "Letter of Intent"), DIM 'A -Game, a Maryland general partnership (the "Bor- rower") requested the approval of and issuance by County Commis- sioners of Washington County (the "County") of the referenced issue of bonds (the "Bonds"). By a Resolution adopted on April 9, 1985 (the "Resolution"), the County accepted the Letter of Intent. Since the adoption of the Resolution and the acceptance of the Letter of Intent, the Borrower has determined that the time necessary to consummate the financing therein is likely to extend beyond September 30, 1985 as set forth in the Resolution and the Letter of Intent. By this Supplemental Letter of Intent the Borrower requests that the County extend the time set forth in the Letter of Intent and Resolution for consummation of the financing until December 31, 1985. THE BORROWER ACKNOWLEDGES THE BONDS WILL BE SUBJECT TO THE COUNTY'S VOLUME CAP AND THAT THE COUNTY CAN NOT GUARANTEE THAT A VOLUME CAP ALLOCATION WILL BE AVAILABLE FOR THE BONDS. Borrower acknowledges that all other terms and condi- tions of the Letter of Intent remain unchanged by this Supplemen- tal Letter of Intent. Very truly yours, DIM 'A -GAME By: Merman E. Whitaker, General par tntr 1 f ` County Commissioners of Washington County September 24, 1985 Page 2 By: , Lynn W. is , eneral Partner Accepted this t day of September, 1985, pursuant to a Resolution passed by the Bo rd of County Commissioners of Washington County on Septemberf(, 1985, by the President of the Board of County Commissioners of 4ashington County. ATTEST: Kathryn . S ort, Clerk (SEAL) COUNTY COMMISSIONERS OF WASHINGTON COUNTY By: Rona d L. Bowe s, resident Board of County Commissioners of Washington County I I f] September 26, 198$ Hagerstown, Maryland 21740 A Special Meeting of the Board of County Commissioners of Washington County was called to order at lz30 p.m. by the President, Ronald L. Bowers, with Vice President Richard E. Roulette and Commissioner R. Lee Downey present. ALLOCATE FUNDS FOR MUMMERS PARADE ASSIGNMENTS SHheriff Glenn Bowman appeared before the Commissioners to inform them that the 1IlHagerstown Police Department had requested the assistance of eight (8) Deputies �provide security during the Alsatia Mummers Parade. He said that there was not sufficient funds in his Overtime Budget to defray this additional expense of approximately $550. ''MOTION made by Commissioner Roulette, seconded by Downey to allocate up to an to additional $550.00 to the Sheriffs Department Overtime Budget, for overtime I1expenses relating to Mummers !grade security. Unanimously approved. to GENERAL LIABILITY INSURANCE PROGRAM Alan Davis, Insurance Administrator, appeared before the Commissioners to present a proposal for a self -insured general liability insurance plan. Becky Horvath, Chief of Administrative Services of Howard County, also appeared with Mr. Davis, and advocated the benefits of becoming self -insured. Mr. Davis said that such a plan (could work if the County committed itself to continuously provide reserve funds to (cover liabilities and retain the necessary professional and legal staff to defend the county's interests and adjust claims. He said that the success of such a 'program depended a great deal on luck and the availability of excess coverage when (the current policy expires in November. !MOTION made by Commissioner Roulette, seconded by Downey to concur with the :recommendation of the Insurance Committee and accept the bid submitted by the jHartford Insurance Company for general liability insurance at an annual premium o€ ($315,343 with the payment option of 40% down and the remaining 60% payable in equal amounts after the 3rd and 6th months, and to further instruct the Insurance Committee to pursue various bid options in regard to obtaining excess coverage when (the current policy expires. Unanimously approved, 11CONVEME IN EXECUTIVE SESSION ;Not on made by Commissioner Downey, seconded by Roulette to convene in Executive IlSession at 2:40 p.m. in regard to property matters, pursuant to the authority 11 contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of }Maryland. Unanimously approved. �RBCONVENE IN REGULAR SESSION AND ADJOURN !!Mot on made by Commissioner Roulette, seconded by Downey to reconvene in Regular jJ'Session at 2:45 p.m. and adjourn. Unanimously approved. County Attor ey • Clerk October 1, .1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Rev. Harold E. Barnett, First Christian Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION - EMERGENCY MEDICAL SERVICES WEEK Motion made by Commissioner Downey, seconded by Roulette to Proclaim the week of September 28 - October 6, 1985, as Emergency Medical Services Week in Washington County, and commend this observance to all our citizens. Unanimously approved. Commissioner Bowers read the Proclamation and presented a copy to Tom Bikle who accepted it on behalf of Mid -Maryland Emergency Medical Services Advisory Committee and the volunteer ambulance services in Washington County. POTOMAC EDISON UTILITY RELOCATIONS - EASTERN BOULEVARD Motion de by Commissioner Downey, seconded by Roulette to authorize Potomac Edison to proceed with the relocation of utilities in connection with the Eastern Boulevard Project at the estimated cost of $22,276 for the portion from North Potomac Street to the Western Maryland Railroad and $28,967 for the portion from the railroad southward to the Potomac Edison substation. Unanimously approved. POTOMAC EDISON UTILITY EASEMENT - EASTERN BOULEVARD Motion made by Commissioner Roulette, seconded by Snook to approve of the deed of easement for relocation and future maintenance of Potomac Edison's electrical transmission and distribution facilities along Eastern Boulevard. Unanimously approved. I I ESTABLISH ESCROW FUND - FLEET INSURANCE Motion made by Commissioner Roulette, seconded by Downey to establish an escrow account in the amount of $25,000 for payment of the deductible under the County's fleet and automobile insurance policy. Unanimously approved. CHANGE ORDERS - SHELL BUILDING #2 Motion made by Commissioner Roulette, seconded by Downey to approve of the following Change Orders to Shell Building #2 Contracts: C.O. No. 122 - Perini Construction, add $143.00; C.O. #123 — Beaver Mechanical, add $123.00; C.O. #124 Perini Construction, add 8237.00; C.O. #125 - Perini Construction, add $107.00; C.O. - Perini Construction, add $99.00; C.O. #127 - Perini Construction, add $130.00. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 9:20 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND RECESS Mot;.on made by Commissioner Downey, seconded by Snook to reconvene in Regular Session at 9:45 a.m. and recess for field inspections relating to the Rezoning Cases heard at Public Hearing on September 16, 1985. Unanimously approved. HIScumvmm 1W REGULAR SESSION The Meeting was reconvened at 11:00 a.m. with President Bowers presiding and Vice President Roulette and Commissicners Downey and Snook present. BID OPENING — EASTERN BOULEVARD PROJECT Bids Lor the Eastern Boulevard Project were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: E.F. Goetz & Sons, entire project, $1,339.488.50; C. William Hetzer, entire project, $1,371,360.001 Richard F. Kline, entire project, $1,642,992.55; Fayetteville Contractors, phase II only, 8791,748.00; Wolfe Brothers, entire project $1,697,788.20. The bids will be reviewed by appropriate officials prior to a 6vultlStilt uo lily i:GndG iS. OCTOBER 1, 1985 MINUTES, CONT'D. BID OPENING — GARDENOUR ROAD BRIDGE PROJECT Bids for the Gardenour Road Bridge Project were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Building Systems, Inc. - $45,860.00; Callas Contractors - $62,420.00; Richard F. Kline - $93,645.00; Wolfe Brothers - $60,580.00. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - FLOOR REPLACEMENT Bids for floor replacement in the District Court facilities in the County Office Building were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Hockensmith's Floor & Wall Coverings - $5,200; Bronca Construction - $7,904. The bids will be reviewed by appropriate officials prior to a decision being rendered. BID OPENING - AIR TRAFFIC CONTROL '1 ER CONTRACT Bids for operating the Air Traffic Control Tower at the Washington County Regional Airport were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: ACTS - 18 -day phase in $14,613.54, 1st year $200,496.23, 2nd year $231,457.08, 3rd year $243,029.88; OMNI - 18 -day phase in $16,227.00, 1st year $252,439.99, 2nd year $281,889.00, 3rd year $292,888.32; BARTON - 18 -day phase -in $11,505.00, 1st year $211,101.00, 2nd year $237,240.00, 3rd year $244,740.00; INTERNATIONAL TECH. AVIATION - 18 -day phase -in $49,479.96, 1st $160,300.13, 2nd year $223,973.12, 3rd year $224,075.30; MIDWEST AIR - 18 -day phase -in $22,884.90, 1st year $141,894.48, 2nd year $161,574.48, 3rd year $164,154.12; IDAMONT, INC. - 18 -day phase -in $18,000.00, 1st year $279,608.00, 2nd year $319,992.00, 3rd year 5336,000.00. The bids will be reviewed by appropriate officials prior to a decision being rendered. RL�D'ST FOR ACCESS TO E.M.S. RADIO FREQUENCY Ro ert Harsh, owner o County Me ical Transports, Inc., along with his attorney, Michael Shaefer, appeared before the Commissioners to request that permission be granted for the Company to have access to the County's Emergency Medical Services radio frequency. They stated that prior requests to the Fire & Rescue Advisory Board had been denied. Mr. Shaeffer explained that, while County Medical Transport, Inc., is a private company, they contract with the State and County to transport inmates and indigent mental patients to local hospitals. George Smith, Regional Administrator of Maryland Emergency Medical Services, said that other private ambulance companies have been denied access to the radio network, but the state agency is presently reviewing the issue and recommend that the system be broadened. Ron Karn, Chief of Fire & Rescue Communications, said that presently, only nonprofit ambulance companies are allowed direct communications with hospitals since F.M.S. is strictly for advanced life support cases. The Commissioners postponed a decision on the matter pending recommendations from a review committee composed of the County Administrator, Mr. Harsh and his attorney, the Chief of Fire & Rescue Communications and the Regional Administrator of Maryland Emergency Medical Services. DEIGi•ATE POSITION OF DEPARTMENT HEAD - DATA PROCESSING of on made by Commissioner Downey, seconded by Roulette to designate the position of Senior Programmer/Director as the Department Head of the Data Processing Department. Unanimously approved. ADJOURNMENT 4otio maa a by Commissioner Downey, seconded by Snook to adjourn at 12:30 p.m. ..man .o�y sppr ount torney Clerk I I Li October 8, 1985 Hagerstown, Maryland 21740 Li I I The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was del vered by Rev. Robert W. Richardson, Washington Square United Methodist Church, followed by the Pledge of Allegiance to the Flag by the full assemblage. PROCLAMATION - CHAMBER OF COMMERCE WEEK !Motion made by Commissioner Roulette, seconded by Snook to Proclaim the October 14 - 18, 1985 as Chamber of. Commerce Week in Washington County this observance to all citizens. Unanimously approved. week of and commend Commissioner Roulette read the Proclamation and presented a copy to Blaine Weaver and Walter Bell who accepted it on behalf of the Hagerstown -Washington County Chamber of Commerce. PROCLAMATION - EMPLOY THE HANDICAPPED MONTH Motion made by Commissioner Downey, seconded by Roulette to Proclaim the month of October 1985 as Employ the Handicapped Month in Washington County and commend this observance to all citizens. Unanimously approved. Commissioner Bowers read the Proclamation and presented a copy to Laurie Green, youth representative on the Committee on Employment of the Handicapped. AWARD CONTRACT - AIRPORT MASTER PLAN Motion made by Commissioner Roulette, seconded by Downey to accept the recommendation of the Coordinating Committee and award the contract for an Airport Master Plan Update to Delta Associates for a fee of $43,903, and to allocate an additional $8,500 from Capital Contingency towards the local share of the cost. Unanimously approved. TRANSFER BRIDGE PROJECTS IN C.I.P. BUDGET Motion made by Commissioner Downey, seconded by Roulette to interchange fiscal years for funds budgeted in the C.I.P. Budget for the Gardenour Road and Old Millbrook bridge projects, and to allocate an additional $15,000 from Miscellaneous Repairs for the Gardenour Road Bridge. Unanimously approved. AWARD BID - GARDENOUR ROAD BRIDGE PROJECT Motion made by Commissioner Roulette, seconded by Snook to award the contract for the Gardenour Road Bridge project to Building Systems, Inc. who submitted the low bid of $47,300. Unanimously approved. °'MINUTES OF MEETINGS FOR SEPTEMBER 3, 10, AND 17, 1985 ;Motion made by Commissioner Downey, seconded y nOok to approve of the Minutes of ,!County Commissioners Meetings for September 3, 10, and 17, 1985, as submitted. Unanimously approved. AWARD BID - FLOOR REPLACEMENT Mot on made by Comm sstooner Snook, seconded by Roulette to award the bid for floor replacement in the District Court Area of the County Office Building to Bronca 'Construction who submitted the low bid meeting specifications of $7,904 plus $96.00 for•bonds. Unanimously approved. ANF►MU tllu - RMTERN BC,GLEWt?il_PR&J2CT Mot on ma a by Comm ss oner Downey, seconded by Roulette to award the contract for the Eastern Boulevard Project to E.F. Goetz & Sons who submitted the low bid of $1,339,488.50. Unanimously approved. At this time Commissioner John R. Salvatore arrived at the Meeting. RUEbT FOR E.M.B. RADIO ACCESS George Sm tit , Regions i Administrator of Maryland Emergency Medical Services, and Robert Harsh, owner of County Medical Transport, Inc., met with the Commissioners for further 1iecusr�ion of the ambulance company's request for access to the Li,uu. a g-ocy roc �.. t'.c k. The County Aiminie retnr said that a meeting had been held with the company ^and emergency services officials to attempt to resolve OCTOBER 8, 1985 MINUTES, CONT'D. the issue, but that there appeared to be no options available at this time other than approving or denying the request. Mr. Smith, in concurrence with Tom Bikie, President of the Mid -Maryland Emergency Medical Services Advisory Council, requested that a decision be postponed for 90 days in order for the council to get local input and propose state regulatory legislation. The Commissioners took the matter under advisement at this time. LET -GARY BID PROPOSALS - GENERAL LIABILITY EXCESS INSURANCE Preliminary Proposals, to get an indication of what is available and a premium range for general liability excess insurance coverage, were publicly opened and read aloud. Companies submitting proposals were as follows: 3. Edward Cochran, Hartford Insurance Company, no premium range, will submit formal bid; Insurance Company of North America, premium range of $100,000 to $160,000; Carroon & Black, Pinco Insurance Company, premium range in excess of $100,000. Formal bids will be solicited from the above companies. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Salvatore, seconded by Downey to convene in Executive Session at 11:10 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section (a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. CONVENE IN REGULAR SESSION Motion made by Comm ssioner Roulette, seconded by Salvatore to reconvene in Regular Session at 11:30 a.m. Unanimously approved. PUBLIC HEARING - ADDITION OF FAMILY SERVICES TO CONTRIBUTION LIST T e Pres dent convened the Meeting in Public Hearing at 11:30 a.m. to permit any resident of Washington County to testify concerning the request of the Family Services Agency to he added to the list of agencies eligible for county contributions. Roger Ruddick, Family Services Director, said that the agency is affiliated with the United Way, but special projects for the future may depend upon county fundings. There being no one else present to speak for nor against the request, the President announced that the Record would be kept open until next week's meeting. he closed the Hearing at 11:45 a.m. and reconvened the Meeting in Regular Session. comma IN EXECUTIVE SESSION Motion made by Commissioner Downey, seconded by Snook to convene the Meeting in Executive Session at 11:45 a.m. in regard to property matters, pursuant to the authority contained in Article 76(A)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION t on made by Commissioner Salvatore, seconded by Roulette to reconvene in Regular Session at 12:05 p.m., since the matters being discussed during the aforegoing Executive Session are not of a nature to warrant confidentiality. Unanimously approved. PROPOSED ANTIETAM VILLAGE WEST COMPLEX Steve Sagi, speaking on behalf of business partners D.M. Bowman and Howard Bowen, appeared before the Commissioners to present a proposal for a development south of Hagerstown that would eventually be a multi -million dollar complex of homes, offices, motels, restaurants and the area's largest truck stop. Mr. Sagi said that the project hinges on whether the Washington County government agrees to fund a portion of the cost of extending sewer service to the area in addition to about 14 adjacent areas. Mr. Sagi outlined the development plans during the next ten (10) years. The Commissioners took the matter under advisement pending a review and recommendationi cm the cocrIc Dovalcp"ent Cnmmigginn. CHANGE ORDERS — SHELL BUILDING 12 Mot on made y Commies oner Salvatore, seconded by Roulette to approve of the following Change Orders to the Shell Building #2 Contract: C.O. #128 - Perini Construction, add $554.001 C.O. #129 - Perini Construction, add S611.00. Unanimously approved. ADJOURNMENT Mot on made by Commissioner Snook, eeconded by Salvatore to adjourn at 12:45 p.m. Unanimously approved. ou�torney Clerk I I fl ®I October 15, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook followed by the Pledge of Allegiance to the Flag by the full Assemblage. REZONING CASES RZ 325 - RZ 330, AMENDMENTS TO SUBDIVISION ORDINANCE AND WATER AND SEWER PLAN After due consideration of all the matters and facts adduced at the Public Hearing held on September 16, 1985, the comments submitted in writing within 10 days following said Hearing, and the recommendations submitted by the Planning Commission, the following decisions were rendered: i, REZONING CASE RZ-325 Motion made by Commissioner Roulette, seconded by Snook to DENY the petition of Iris S. Reeder, Fred A. Tooma, estate owner, for the reclassification of land located at 2115 Pennsylvania Avenue, Hagerstown, Maryland from the present Residential Suburban (RS) to Business General (BG), and to adopt the Findings of Fact of the Planning Commission in this Case as the Findings of Fact of this Board. Unanimously approved. REZONING CASE RZ-327 Motion made by Commissioner Roulette, seconded by Snook to DENY the petition of Roy A. Grove and Mildred Sollenberger, Jacob A. Grove, Estate owner, for the reclassification of land located on the southwest corner of Maugans Avenue and I' Martin Road from the present Highway Interchange (HI) to Business General (BG), and to adopt the Findings of Fact of the Planning Commission in this Case as the Findings of Fact of this Board. Unanimously approved. REZONING CASE Rf-328 Motion made by Commissioner Downey, seconded by Roulette to DENY the petition of Fox & Associates, Inc., May K. Cole, owner, for the reclassification of land located at Nursery Road adjacent to Valley Mall from the present Highway ij Interchange (HI) to Business General (BG), and to adopt the Findings of Fact of the 'I Planning Commission in this Case and the Findings of Fact of this Board. f; Unanimously approved. REZONING CASE RZ-330 Motion made by Commissioner Downey, seconded by Roulette to APPRGVE of the petition of the Planning Commission for a Text Amendment to Section 23.1(d) of the Zoning Ordinance to add the following: Minimum building setback lines shall be the same as for the Agriculture (A) District, and to adopt the Findings of Fact of the Zoning Commission in this Case as the Findings of Fact of this Board. Unanimously approved. 1 SUBDIVISION ORDINANCE TEXT AMENDMENT Mot on made by Commisoulette, seconded by Snook to APPROVE of the petition of the Planning Commission for a Text Amendment to the Subdivision Ordinance to delete the words "land underlying" from Article VI - Certificates, Section 604 - Owner's Statement. Unanimously approved. WATER s SEWERAGE PLAN AMENDMENT Motion made by Commissioner Roulette, secund�J by Snook, to APPROVE of the application of Sylvia J. Martin and William D. Martin for the establishment of a new Sewerage Service Area and a change in the Sewerage Service Priority designation from S-7 to S-3 on approximately 25.7 acres of land known as Parcel 1.0 on Washington County Tax Map k87. Unanimously approved. WATER & SEWERAGl3 PLAN AMENDMENT Motion made by Commissioner Roulette, seconded by Snook to APPROVE of the application of the Planning Commission to expand the boundaries of 10 year water and sewer service to Include the following properties and change the existing designations from W-7 and S-7: Hagerstown• -Washington County Industrial Foundations - nMeF_ r to W-3 and S-3, Martin L. nureciwivac L_ G: d S-5 �;.d, nnn Mnrnto W-5 and S-5. Unanimously approved. DONATE VAN TO PRISON WORK CREW Motion m— n iTh y- mmi-ss oner Snook, seconded by Roulette to innate the County Commissioners van, at such time as it can be replaced, to the MCTC Work Crew, to he used exclusively for transportation to county work assignments, and to include this provision in the upcoming renewal of the contract for these services. Unanimously approved. OCTOBER 15, 1985 MINUTES, CONT'D. ADDITION OF FAMILY SERVICES AGENCY TO CONTRIBUTION LIST After due consideration of the matters and facts adduced at the Public Hearing held on October E, 1985, a MOTION was made by Commissioner Roulette, seconded by Snook and unanimously adopted to include Family Services on the list of agencies eligible for county contributions. Unanimously approved. MINUTES OF SEPTEMBER 2t a 26, 1985 Motion made by Commissioner Downey, seconded by Roulette to Approve of the Minutes of the Regular Meeting of the County Commissioners held on September 24 and the Special Meeting held on September 26, 1985, as submitted. Unanimously approved. LINE ITEM TRANSFERS - ROADS DEPARTMENT Mot on made by Commissioner Downey, seconded by Roulette to approve of the following line -item transfers in the Roads Department Budget $3,000 from 110-424- 100 and $2,789 from 111-421-000 to 105-420-000 to pay the cost involved in the removal of 42 drums of waste traffic paint. Unanimously approved. BID UTILITY BUILDING FOR SHERIFFS DEPARTMENT of on made by Comm ssioner Snook, seconded by Roulette to advertise for bids for the construction of a 7 -bay utility building at the Detention Center, with the overhead doors bid as an alternate on a per -unit basis. Unanimously approved. TAX CREDITS TO CIVIC ASSOCIATIONS AND RURITAN CLUBS Motion made by Commissioner Roulette, seconded by Snook to grant tax credits to the following Civic Associations and Ruritan Clubs, in accordance with the authority provided in Article 81, Section 9(c) of the Annotatad Code of Maryland: Ruritan Club, Inc., Pleasant Valley - $63.76; Ruritan Club. Rohrersville - $633.86; ;t Rohrersville Ruritan Club, Inc. - $1,060.47; Leitersburg Ruritan Club, Inc. - $349.32; Ruritan Club, Inc., Dist. 12 - $381.30; Dist. No. 12 Ruritan Club - $138.38; Ruritan Club Maugansville - $1,424.34; Ruritan Club Maugansville - $5.33; Ruritan Club, Inc., Ringgold - $460.64; Civic Organization Dist. 15, Inc. - $670.76; Hamburg, Thelma I. (Chewsville Comm. Center) - $1,460.63; Ruritan-Club, Inc., Downsville - $858.54; Ruritan Club, Inc., Downsville - $127.72; Wilson Foundation, Inc. - $916.35; Ruritan Club, Inc., Pinesburg - 8305,86; Tammany Van Lear Civic Assoc. - $78.52; and Tammany Manor Civic Assoc. - $20.30. Unanimously approved. MANGE ORDER - AIP-3 • Motion made by Comm ssioner Snook, seconded by Roulette to approve of Change Order No. 1 to the contract with Richard L. Kline on the Airport Improvement Project 3, which provides for a deduct of $11,141 and an addition of five (5) working days to complete the project. Unanimously approved. IMTERPRISE ZONE APPLICATION - HOPEWELL Motion made by Commissioner Roulette, seconded by Snook to submit an application to the Maryland Department of Economic and Community Development for the designation of the Hopewell Enterprise Zone, comprised of the Jamison tract (+/-123 acres) •' located between Hopewell Road and interstate 81, approximately one-half mile north of the I-81/Halfway Boulevard interchange, and to advertise a Public Hearing to consider this application. Unanimously approved. RIGHT OF WAY AGREEMENT WITH POTOMAC EDISON MotTon� mace b ComiT toner. Roulette, seconded by Downey to enter ifito an agreement with the Potomac Edison company for the installation of an underground electrical system located within a fifteen (15) foot easement area located on the south side of the Airport Access Road. Unanimously approved. Ij At this time Commissioner John R. Salvatore arrived at the Meeting. II BOARD OF EDUCATION CAPITAL PROJECTS Y.erc eve , Assistant Super nten ent of Schools, appeared before the Commissioners to inform them that Bester Elementary and North Hagerstown High School projects would be submitted to the Inter Agency Committee for renovation funds. He said that $1.3 million would be requested for Bester and $1 million for Worth High. Mr. Kercheval also submitted a Resolution of Acknowledgement and Statement of Intent for the Commissioners' consideration. MOTION made by Commissioner Roulette, seconded by Snook to adopt the Resolution acknowledging the e co' of v n. !t rw .•..,n n.,ta ,Anri declartnn their intent to provide operational funds and services as are or may become necessary to maintain and staff school facilities constructed with the use of State funds for FY is j► 1987. Unanimously approved. OCTOBER 15, 1985 MINUTES, CONT'D. I I II I APPLICATION FOR STATE ARTS COUNCIL GRANT Barbara Wetzel, Community Coordinator, appeared before the Commissioners to inform them of the plans to revamp the van donated by the Library into a traveling photo studio and to request approval to submit an application to the State Arts Council for a grant to defray some of the costs. ...MOTION made by Commissioner Salvatore, seconded by Snook to approve of the photo studio project and to submitting said grant application. Unanimously approved. REAPPOINTMENT TO MACO LEGISLATIVE COMMITTEE I' Motion made by Commissioner Snook, seconded by Roulette to reppoint Commissioner John R. Salvatore to serve as the Washington County representative on the Maryland j; Association of Counties Legislative Committee. Unanimously approved. BID OPENING - LANDFILL FENCING One bid was received and publicly opened for Fencing at the County Landfill. Horst Fencing submiteed a bid of $23,070. The bid will be reviewed by appropriate officials prior to a decision being rendered. (Decision rendered later during Morning Session.) BID OPENING - TOURISM CALENDAR OF EVENTS Bids for printing the Tourism Calendar of Events were publicly opened and read aloud. Firms participating in the bidding and their base proposals were as follows: The Printing Place - $6,724, Copy -Pro - $7,498.47, La Costa Agency - $7,546, Hagerstown Bookbinding and Printing - $7,785, Tri-State Printing - $6,345. The bids will be reviewed by appropriate officials prior to a decision being rendered. AWARD BID - LANDFILL FENCING Motion made by Commissioner Downey, seconded by Roulette to award the Landfill Fencing Contract to Horst Fencing who submitted the only bid of $23,070, and to waive bonding requirements on this project. Unanimously approved. CONVENE IN EXECUTIVE SESSION of on made by Commissioner Salvatore, seconded by Downey to convene in Executive Session at 11:10 a.m. in regard to litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION AND RECESS Notion ma e y Comm ss oner Salvatore, seconded by Snook to reconvene in Regular Session at 12:20 p.m. and recess until 7:00 p.m. Unanimously approved. EVENING SESSION The EvenTi Session was convened at 7:00 p.m. at the Hancock Town meeting with Hancock and Clear Spring officials and resident with presiding and Commissioners Downey, Salvatore and Snook present. Joseph Miller, Mayor of Hancock, and Councilmen Arthur Burke and Clear Spring Mayor Paul Hose, Jr. Hall for a joint President Bowers Also present were Larry Gerber, and The County Administrator announced that the meeting was being held in accordance with State law to confer the issue of tax differential and any other issues the towns wished to discuss. The mayors of both towns said they did not feel unfairly taxed for services they don't receive. Hancock officials asked for county assistance in building ball fields in Kirk Park and to work with State Highway official• on roxircp off of 1-70. They O 9n informed the Commissioners that the State has threatened to ban new hook-ups to the Hancock sewer system unless the town corrects 22 deficiencies. The Commissioners agreed to have County park officials contact the town is regard to the ballfields, and to provide whatever assistance they could in the other matters. Mayor Hose expressed his appreciation for the additional police protection provided by the Sheriff's Department. There was a general discussion of the wide -spread problem of obtaining affordable general liability insurance for all levels of government. The Commissioners said the matter has high priority on the Maryland Municipal League and the Maryland Association of Counties agendas in addition to legislation being proposed at the state level. The Meeting was adjourned at 8:00 p.m. C ty ttorne Clerk October 22, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. I I INVOCATION AND PLEDGE OF ALLEGIANCE The invocat on was delivered y Commissioner Salvatore, followed by the Pledge of Allegiance to the Flag by the full Assemblage. 1PURCHASE OPTICAL DOCUMENT READER Motion made by Commissioner Roulette, seconded by Salvatore to purchase an optical document reader for use with the county's data processing equipment at a cost of $9,640, and a maintenance charge of $75.00 per month, in concurrence with the ;(recommendation of the Supervisor of the Data Processing Department, with the i.purchase price to be appropriated from Operating Contingency. Unanimously approved. REAPPOINTMENTS TO COMMISSION ON AGING Mot on made by Commissioner Snook, seconded by Roulette to appoint Leonard Curlin and Gerald Shank to serve for three (3) year terms as members of the Washington County Commission on Aging. Unanimously approved. APPOINTMENT TO COORDINATING COMMITTEE Motion made by Comm ss oner Downey, :seconded by Roulette to appoint Robert L. Coble to serve as a member of the County Coordinating Committee. Unanimously approved. APPROVE E.M.S. RADIO ACCESS Motion made by Commissioner Snook, seconded by Salvatore to approve of County Medical Transports, Inc. use of the Emergency Medical Services radio system in Washington County, on a 90 -day trial basis, with monthly reports on the frequency of use to be reported by the Chief of Fire & Rescue Communications. Unanimously approved. DISAPPROVAL OF LAND SALE TO HARVEST BAPTIST CHURCH After due consideration of the letters and pet t ons from neighborhood residents protesting the sale of five (5) lots on Woodland Way to Harvest Baptist Church, and letters of protest from the Mayor and Council of Hagerstown and the County Parks Board, a MOTION was made by Commissioner Snook, seconded by Roulette and unanimously adopted to NOT sell the property and to retain it for use as a County Park. I1 ASSIST TOWN OF HANCOCK - KIRK WOODS PARK Mot on made by Commissioner Salvatore, seconded by Roulette to offer the Town of iHancock assistance with the development of Kirk Woods Park by allowing county work .forces to grade the land for three ballfields, two parking lots and an access road at an estimated cost of between $50,000 and $60,000, providing the town will paying approximately $10,000 in addition to the $8,500 currently available through Program •;Open Space for stone and grass seed. Unanimously approved. SLUDGE DISPOSAL AT COUNTY LANDFILL T e Comm ss oners agreed to pperm the City of Hagerstown to dispose of sewer sludge at the County Landfill on a very limited basis if the city's regular sites reach capacity this winter. AWARD CONTRACT — LOCUST COURT DRAINAGE PROJECT Motion made by Commissioner Roulette, secon a iy Duwriv.y Lu Lho '' " a't for the Locust Court Drainage Project to K. M. Faith Excavating who submitted �the low proposal of $8,975. Unanimously approved. CONSULTANT SELECTION - BRIDGE INSPECTIONS Moonmade by Commissioner Snook, seconded by Salvatore to concur with the recommendation of the County Coordinating Committee and select Kennedy, Porter & Associates to perform the 1985 County Bridge inspection for the proposed fee of $18,200. Unanimously approved. AWARD CONTRACT — TOURISM CALENDAR OF EVENTS � ��•�r__ .... _ _ nded by n.. ..�..... to o.. rd the co..tr.ct for notion maue by CummLoaaulloL 3a!YatvL. r �a 61-6 by —. ,y — .. ...._ printing the Tourism Calendar of Events to Tri-State Printing, Inc. who submitted the low bid of $6,345. Unanimously approved. OCTOBER 22, 1985 MINUTES, CONT'D. ADDITIONAL ALLOCATION TO BATTLETOMN ROAD BRIDGE PROJECT Motion made by Commissioner Salvatore, seconded by Downey to allocate an addtional $2500 to the contract fee of C. William Hetzer for additional right-of-way costs on the Battletown Road Bridge Project. Unanimously approved. RAILROAD CROSSING AGREEMENT - EASTERN BOULEVARD Motion made by Commissioner Salvatore, seconded by Downey to approve of the agreement with Chessie System Railroads for the new at -grade crossing for Eastern Boulevard at a cost of $118,656 and authorize the President of the Board to sign the agreement on behalf of the County Commissioners. Unanimously approved. CONVENE IN EXECUTIVE SESSION of on made by Commissioner Salvatore, seconded by Downey to convene in Executive Session at 10:30 a.m. in regard to personnel matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. PRll:NVRNR Tal Q:M.HTAR RRRf.TfN of on ma e y Comm ss oner Downey, seconded by Roulette to reconvene in Regular Session at 11:00 a.m. Unanimously approved. BID OPENING - EXCESS GENERAL LIABILITY COVERAGE Correspondence from Wright Gardner, J. Edward Cochran and Carroon & Black were publicly opened. All firms offered a "No Bid" for the County's Excess General Liability Insurance Coverage. EMPLOY LABORER II — ROADS DEPARTMENT Notion made by Commissioner Roulette, seconded by Downey to approve of the transfer of Frank Kimble from the Transportation Commission to Laborer II - Southern Section of the Roads Department, and to fill the resulting vacancy of the Transportation Commission. Unanimously approved. EMPLOY MOTOR EQUIPMENT OPERATOR III - ROADS DEPARTMENT Motion made by Commissioner Roulette, seconded y Downey to approve of employing Donald Haines in the position of MEO III - Western Section of the Roads Department. Unanimously approved. A#=DMMET TO COUNTY SICK LEAVE POLICY of on made by Commissioner Roulette, seconded by Downey to amend the Sick Leave Policy for County employees to incorporate the language of the Roads Department's Bargaining Unit Work Rules as it applies to "sick leave abuse". Unanimously approved. PUBLIC BEARING - CLOSING a CONVEYANCE OF OLD ROUTE 11 ROAD BED The President convened the Meeting in Pu 1 c Hearing at 11:10 a.m. to permit any resident of Washington County to appear and testify concerning the Board's duly advertised intention to abandon a portion of old U.S. Route 11 at the Washington County Regional Airport and to convey the abandoned road bed to adjoining property owners, Nicolas A. Giannaris, Irvin C. Meyers, Lewis J. Ruth and John C. Bowers, Jr. There being no one present to speak for nor against said closing and conveyance, the President closed the Hearing and reconvened the meeting in Regular Session. ABANDON AND CONVEY PORTION OP OLD ROUTE 11 ROAD BED Motion made by Cv:r ii a T Downy, any!lotto to proceed with the abandonment of old U.S. Route 1.1 adjacent to the Washington County Regional Airport and conveyance of the road bed to adjoining property owners, with the provision that Mr. Nicolas Giannaris convey at no consideration to the County the right-of- way needed for improvements to the Day and Landis Road intersection. Unanimously approved. RECESS Tie Meeting was recessed at 11:15 a.m. and convened at 7:00 p.m. in Williamsport, Maryland. csysnw_ aeaoeri+w Tie NBeting ywae convened by President Bowers at 7:00 p.m. in the Williamsport Town Hall with Vice President Roulette and Commissioners Downey and Salvatore present. Also present were Warren Seymour, Mayor of. Williamsport, and Council Members Dewey Hartle, John Slayman, Walter Sprankie and Charles South: Paul Boswell., Mayor of Smithsburg, and Council Mombers John O'Neal and Joseph Slick: Funketown Council Member John Chilgott. The County Administrator explained that the Meeting was L LII OCTOBER 22, 1985 MINUTES, CONT-D. J I I I !!being held in concurrence with State Law which required the County Commissioners to meet and confer with the municipalities in regard to the tax differential issue and to discuss any other matters of mutual interest or concern. Subjects generally lidiscussed were the need for better law enforcement in Williamsport, assistance with line striping streets and drainage problems at the elderly housing complex in Smithsburg and the Funkstown Water Project. The Commissioners agreed to look into the law enforcement problem, to paint the line markings on the streets and correct the drainage problems in Smithsburg. They also informed the town officials that a rubble area will soon be installed at the Greensburg Transfer Station and that the it bid has been awarded for correcting the drainage problem at Locust Court in Funkstown. The County Administrator also introduced a Resolution authorizing the County to act as the Metropolitan Planning Organization in matters relating to the application for federal funds for the County Commuter System.. He said that Funkstown had approved the Resolution and asked Smithsburg and Williamsport officials to consider it. Both towns formally agreed. The Meeting was adjourned Ili at 8:00 p.m. Qti Coun Att rn Clerk October 29, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE ::The Invocation was delivered by Rev. George Emmert, Church of God, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROPOSED INDUSTRIAL AIR PARK "Leroy Burtner, Economic Development Director, along with Ron Myers, Airport ,:Commission Chairperson, met with the Commissioners to propose the development of an ;Industrial Airpark to be located in the enterprise zone at he airport, and the 'construction of a shell building, with extension of utilities, roads and taxiways ,!to the site, to attract aviation -oriented businesses and industries. Mr. Burtner ;recommended that the Commissioners submit a Letter of Intent followed by a detailed ;'Application within the provisions of the State MILA Program, for a loan of up to ,,$2,000,000 for the shell building and up to $700,000 for the infrastructure. He .ssaid that this would require a $700,000 additional commitment from the County. i1MOTION made by Commissioner Snook, seconded by Roulette to approve of the concept 'of the development of an Industrial Airpark, and to submit a Letter of Intent to lithe Secretary of the Maryland Department of Economic and Community Development with pia detailed MILA Program loan application to follow. Unanimously approved. !,SANITARY COMMISSION PROJECT STATUS REPORT iPaul Waggoner, Chairperson of the Washington County Sanitary Commission, along with ii members Louise Fahrney and Robert Holsinger, and staff members Palmer Dawson and 11 Bob Johnson, met with the Commissioners to submit a report on the status of i,Commission projects. Mr. Waggoner, acting as spokesperson, reported as follows: IAll work is complete on Subdistrict No. 15 - Maugansville/Orchard Hills; The Flow ;Equalization, Sludge Dewatering and Wright Road projects are 99% complete on the !Halfway Wastewater Treatment Plan and Pumping Station Project, with the sludge dewatering amendment scheduled for final acceptance next week; Sewer System Rehab us expected to be completed by December 15, 1985, with overlay completed by spring !,1986; the design package for the Martins Crossroads Water Project will soon be ;!forwarded to state and federal officials for review and approval; design changes in ;'the Highfield Water Project will soon be submitted for state and federal review and ,approval; Keedysville/Sharpsburg Sewerage System design has been completed and ;forwarded to the State Department of Health for approval; an engineering firm has '!been selected to perform the study for the Cloverton sewerage project. In answer. Ito the Commissioners concerns that by 1990 the Halfway Sewerage Treatment Plant will have reached its 1.6 million gallon capacity, Sanitary Commission officials :said that a plan of action is being formulated to address the problem. At this time Commissioner John R. Salvatore arrived at the Meeting. PROPOSALS FOR 210th ANNIVERSARY CELEBRATION jHar ara Wetzel, Community Coord nator, appeared before the Commissioners, to submit suggestions proposed by the Historical. Advisory Committee's sub -committee on Washington County's 210th anniversary celebration. Ms. Wetzel submitted the following projects for consideration: Request the towns who participated in the Historical Society's 75th anniversary exhibit to retain their exhibits for display on appropriate occasions during the county's 210th; request festival and special events organizers to Dromoto and highlight the county's historical heritage during the celebration year; obtain quotations for refurbishing photos of past boards of county commissioners and, if economically feasible, proceed with the refurbishing and compile into a booklet form for resale; solicit local businesses to sponsor a commemorative Washington County float in next year's area parades. The Commissioners generally agreed to the concept of the suggestions and added that commemorative stickers on county stationary and a 10-K run should also be considered for the anniversary year. MOTION made by Commissioner Salvatore, seconded by Snook to request quotations for refurbishing of photos of former boa'-ds of county commissioners. Unanimously approved. MOTION made by Commissioner Roulette, seconded by Downey to request the towns who participated in the Historical Society's celebration to retain and display their exhibits during the County's celebration year. Unanimously approved. REAPPOINTMENT — FIRE s RESCUE ADVISORY BOARD Motion made Fig Comm ;toner Salvatore, seconded by Downey to reappoint Wayne Williams, with Francis Murray as Alternate, to serve as a member of the Fire & Rescue Advisory Board for a term to expire October 1988. Unanimously approved, OCTOBER 29, 1985 MINUTES, CONT'D. REAPPOINTMENTS TO ALCOHOLISM AND DRUG ABUSE ADVISORY COUNCIL Motion made by Commissioner Downey, seconded by Salvatore to reappoint Paul Wiles, Dr. Edson Moody, Susan Ramsey and Emory Wolfe to serve as members of the Washington County Alcoholism and Drug Abuse Advisory Board, for terms to expire June 30, 1988. Unanimously approved. APPOINTMENTS TO AREA AGENCY ON AGING ADVISORY COUNCIL Motion made y Commissioner Downey, seconded by Snook to appoint Arthur L. Katz and James H. Miller to serve as members of the Area Agency on Aging Advisory Council for terms extending to October 1, 1988. Unanimously approved. MINUTES OF MEETING OF OCTOBER 1 AND 8, 1985 Motion made by Commissioner Downey, seconded by Roulette to approve of the Minutes of the County Commissioners Meetings of October 1 and 8, 1985, as submitted. Unanimously approved. ADOPTION OF EROSION AND SEDIMENT CONTROL ORDINANCE Motion made by Commissioner Roulette, seconded by Salvatore to County Erosion and Sediment Control Ordinance, as amended this approved. li adopt the Washington date. Unanimously AWARD CONTRACT - FIVE TRANSIT COACHES EEton made by Commissioner Salvatore, seconded by Snook to award the contract for five (5) transit coaches and spare parts for the County Commuter System, to Bus Industries of America, who submitted the only bid of $706,765. Unanimously approved. AMEMDMBRT 7r) COUNTY PURCHASING POLICY Motion made by Commissioner Roulette, seconded by Snook to amend the County Purchasing Policy to include the following new paragraph E-7 under Section III - Types of Purchases: Washington County shall make positive efforts to utilize Disadvantaged Business Enterprises and Women's Business Enterprises in all purchases made with Federal U. S. Department of Transportation Funds. Disadvantaged business enterprises include firms which are small business or which are owned and controlled by minorities or handicapped individuals. Washington County shall make special efforts to solicit potential Disadvantaged Business Enterprises and Women's Business Enterprises by way of public advertisement and local distribution of state application forms. Unanimously approved. ADDITIONAL FUNDS FOR HALFWAY BOULEVARD PROJECT of on made by Commissioner Downey, seconded y Snook to allocate an additional 'not to exceed' $750.00 to the Halfway Boulevard project, for costs relating to loop detectors at the traffic signal. Unanimously approved. CONVENE IN EXECUTIVE SESSION MTh made by Comm ss oner Salvatore, seconded by Roulette to convene in Executive Session at 11:45 a.m. in regard to personnel, property and legal matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Mot on ma a by Commissioner Downey, seconded by Salvatore to reconvene in Regular Session at 12:15 p.m. Unanimously approved. =PLOT EO XXI wr' D DEP RTMENT of on made by Commissioner Salvatore, seconded by Roulette to employ Lawrence Roberts, Jr. in the position of Motor Equipment Operator III for the western section of the Roads Department, to fill an existing vacancy. Unanimously approved. EMPLOY ROD a CHAIRMAN II - ENGINEERING DEPARTMENT Mot on made by Commissioner. Salvatore, seconded y Roulette to employ Mark Patey in the position of Rod & Chainman II to fillan existing vacancy in the Engineering Department. Unanimously approved. I I J El. A JOCT0BER 29, 1985 iMINUTES, C0NT'D. it 0O&1 AIN 86CTIOID O! GILARDI ROAD lI of on made by Commissioner Salvatore, seconded by Roulette to include the unimproved section of Gilardi Road with the public County Roads System for 1pnaintenance. Unanimously approved. jfotlonm�de by Commissioner Downey, seconded by Salvatore to adjourn at 12x20 p.m. Ih_rnanimously approved. I • ait November 5, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners was called to order at .9:00 a.m. by the President, Ronald L. Bowers with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore, and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE 1.The Invocation was delivered by Rev. Wendell Gross, First Baptist Church, followed Lby the Pledge of Allegiance to the Flag by the full Assemblage. !PROCLAMATION - NATIONAL REACT MONTH !'Mom made by Commissioner Roulette, seconded by Downey to Proclaim the month of !!November 1985 as National REACT Month in Washington County and strongly urge all jcitizena to recognize the significant contributions Hagerstown -Cascade -Hot Line 1!REACT Teams makes to the welfare of the community. Unanimously approved. !!Commissioner Bowers read the Proclamation and presented copies to Carl Brummage, ,.John Spessard and Phil Williams, REACT team representatives. MINUTES OF OCTOBER 15, 1985 • !Motion made by Commissioner Downey, seconded by Salvatore to approve of the Minutes •of the County Commissioners' Meeting of October 17, 1985, as submitted. ;!Unanimously approved. IMA[E VEHICLE AVAILABLE TO SOIL CONSERVATION SERVICE Motion made by Commissioner Salvatore, seconded by Downey to lend the surplus :'•survey crew van to the Washington County Soil Conservation Service, and to provide ;for its maintenance and operating costs. Unanimously approved. INTERSECTION IMPROVEMENTS - CHILDACREST DRIVE AND BEAVER CREBN ROAD In�reFerence to a request from the Developer of Longview Estates for the county to participate on a 50-50 basis for improvements to the Childacrest Drive and Beaver ;Creek Road Intersection, the County Engineer informed the Commissioners that one of !the conditions of plat approval for this subdivision was that the owner would make the necessary improvements. On the basis of this new information, the Commissioners decided to inspect the intersection in question prior to rendering a decision. jl ijREQUEST TO INCREASE INFORMAL BIDDING LIMIT jThe Commissioners took the County Engineer's request to increase the dollar amount ;under which informal bidding procedures may be used from $10,000 to at least !$15,000 under advisement at this time. ';ATLANTIC CABINET MIDFA FINANCING Motion made by Commissioner Salvatore, seconded by Roulette to approve of Atlantic :!Cabinet Company terminating its English Letter of Credit and using the proceeds for :prepayment of its MIDFA Loan and the balance for operating cash. Motion made by Commissioner Snook, seconded by Roulette to table the vote on the aforegoing Motion until after the following Executive Session. Unanimously approved. 'CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Downey, seconded by Snook to convene in Executive Senn at 10:25 a.m. In regard to personnel, property and legal matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made Commi[.9ioner Roulette, seconded by Downey to reconvene in Regular Session at 11:00 a.m. Unanimously approved. PUBLIC HEARING - HOPEWELL ENTERPRISE ZONE T a Prea dent convened tFi Meeting in Public Hearing at 11c00 a.m. to permit any resident of Washington County to appear and testify concerning an Application to the Maryland Department of Economic and Community Developmeht for the designation of the Hopewell Enta-_prise Zone. Leroy Hurtner, Director of Economic Development, stated that this designation would significantly assist the county with s economic development efforts. Mr. Burtner also responded to inquiries from the Commissioners and those in attendance. Bill Breichner, City of Hagerstown NOVEMBER 5, 1985 MINUTES, CONT'D. Administrator, and Bill Wellman, Administrator of the adjacent existing City/County Enterprise Zone, recommended that the application to D.E.C.D. should request expansion of the existing zone to include the Hopewell site, since the City of Hagerstown is involved in providing the utilities. Richard Hopkins, Chairman of the Economic Development Commission, stated that the Commission endorses the designation of the Hopewell Enterprise Zone. There being no one else present who wished to speak for nor against said designation, the President closed the Hearing at 11:30 a.m. and reconvened the Meeting in Regular Session. APPLICATION FOR HOPEWELL ENTERPRISE ZONE DESIGNATION Motion made by Commissioner Roulette, seconded by Salvatore to submit an application to the Maryland Department of Economic & Community Development requesting that the Jamison tract (+/-•123 acres) located between Hopewell Road and Interstate 81 be designated an Enterprise Zone, and in concurrence with the recommendation of the City of Hagerstown, to further request that said Zone be considered an expansion of the existing adjacent City/County Entprise Zone. Unanimously approved. EMPLOY PART-TIME SECRETARY - RECREATION COMMISSION Motion made by Commissioner Salvatore, seconded by Downey to employ Sally Jo Gallahan in the position of part-time secretary for the Recreation Commission. Unanimously approved. EMPLOY SUBSTITUTE BUS ATTENDANT - COUNTY COMMUTER SYSTEM Motion made by Commissioner Downey, seconded by Salvatore to employ Stanley Easton in the position of part-time bus attendant to fill an existing vacancy. Unanimously approved. VOTE ON TABLED NOTION - ATLANTIC CABINET MIDFA FINANCING Motion made by Commissioner Snook, seconded by Roulette to remove from the table the Motion to approve of Atlantic Cabinet Company terminating its English Letter of Credit and using the proceeds for prepayment of its MIDFA loan and the balance for operating cash. Unanimously approved. II The President called for the vote on the Motion and it was unanimously adopted. II RECESS i1 We Meeting was recessed at 12:00 Noon for the Annual Report and luncheon with Community Action Council and will be reconvened at 7:00 p.m. in Boonsboro, Maryland. EVENING SESSION - BOONSBORO The Evening Session was convened at 7:00 p.m. in the Boonsboro Town Hall with President Bowers and Commissioner Snook present. Also present were Boonsboro Mayor John Herr and Council Members, Sharpsburg Mayor Gerald Taylor and Council Members and Keedysville Mayor Ralph Taylor and Council Members. The County Administrator explained that the Meeting was being held in concurrence with State Law which required the Commissioners to meet and confer annually with the municipalities in regard to tax differential and/or to discuss any matters of mutual concern. Items generally discussed were Program Open Space funds, subsidies for water and sewer projects, law enforcement and tax differential. Boonsboro officials indicated that they were in favor of a tax reduction or rebate since they financed their own police protection and utility projects. Lt. Ronald Norford and Sgt. Frank Bomar answered questions and replied to charges about police protection. They said it was strictly a matter of manpower and where the most urgent calls come from. In regard to P.O.S. funds, the Commissioners said that they could only be used for acquaiL1on, but agreed L. woi:k witi, Sharpnuury oilicials on the development of a pond for recreational purposes. They also said that any county subsidies to water or sewer projects were made only in cases of state mandate where the costs were prohibitive to the people, and also they agreed to consider a proposal from the towns of Sharpaburg and Keedysville for providing a resident trooper for the area on a cost -sharing basis with the county. The Meeting was adjourned at 8:45 p.m. Cou y Attorney J e� J�� Clerk U November 12, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Rev. William H. Freed, Jr., Broadfording Bible Brethren Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATION - EPILEPSY MONTH Motion made by Commissioner Snook, seconded by Salvatore to Proclaim the month of November 1985, as Epilepsy Month in Washington County, urging all citizens to support the Epilepsy Association of Maryland in its efforts to educate the public to the need for victims of epilepsy to take their rightful place in the mainstream of society. Unanimously approved. Commissioner Snook read the Proclamation and presented a copy to Gerald Goessel, and William McNamee, Association representatives. Mr. Goessel, in turn, presented a Certificate of Appreciation to the Commissioners for their support and services to Washington Countians with epilepsy. ALLOCATION TOWARDS EDGEiiOOD DRIVE/DUAL HIGHWAY INTERSECTION IMPROVEMENTS Motion made by Commissioner Downey, seconded by Roulette to increase the County's contribution towards improvements to the Edgewood Drive/Dual Highway intersection to $13,000 based on the redesign of this City/County project. Unanimously approved. TRANSFER TOURISM SALES FUNDS TO TOURISM BUDGET Mot on made by Commissioner Roulette, seconded by Snook to approve of the transfer of $2,754 made from the sale of souvenir items, from the General Fund to the Tourism Budget to be used for reordering souvenirs. Unanimously approved. REVISED T -HANGAR SPECS Rollan Myers, Chairman of the Airport Commission, met with the Commissioners to discuss the revision of specifications for rebidding t -hangars, and to inquire if county forces could do the site preparation work. After due consideration of the matter, a MOTION was made by Commissioner Salvatore, seconded by Roulette and unanimously approved to bid the project three ways, i.e., 1) site work, 2) building construction, and 3) total project. FLOOD DAMAGES UPDATE The County Administrator reported that all agencies, including Civil Defense, Red Cross, Board of Education and emergency fire and rescue services, made adequate preparations and responded in a timely manner to last week's flood. He said that the assessment of damages in Washington County had been completed and sent to the state by Federal Express last Friday, with the request for Federal disaster declaration. He said that many people should be recognized for their efforts and concurred with the commissioners' decision that they be sent a letter of appreciation. REPORT ON HEROICS OF FIRE t RESCUE COMMUNICATIONS DISPATCHER T:Fe County Administrator reported that Tim Gargana, a dThpatcher for Fire & Rescue Communications, had relayed life-saving instructions to a father who had called the 911 emergency number to report that his baby had stopped Dreathing. He said inaL Mr. Gargana talked the parents through the emergency until an ambulance arrived. CONVENE IN EXECUTIVE SESSION ot_ Mon made y ComssToner Salvatore, seconded by Roulette to convene in Executive Session at 10:15 a.m. in regard to personnel and legal matters, pursuant to the authority contained in Article 76(A), section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion madby Commissioner Roulette, seconded by Downey to reconvene in Regular Session at 10:30 a.m. Unanimously approved. I NOVEMBER 12, 1985 MINUTES, CONT'D. EMPLOY SUBSTITUTE BUS DRIVERS !login mmade by Commissioner Roulette, seconded by Salvatore to employ Dawn Marie Brelsford and Mary Ann Taylor in the positions of substitute bus drivers for the County Commuter System, to fill existing vacancies. Unanimously approved. EMPLOY Pt.RT TIME SECRETARY - RECREATION COMMISSION Motion made by Commissioner Roulette, seconded by Salvatore to employ Tammy Lynn Crist in the position of part-time secretary for the Recreation Commission to fill an existing vacancy. Unanimously approved. RETAIN ATTORNEY TO ASSIST WITH COURT CASE Motion made by Comm ss oner Roulette, seconded by Salvatore to retain the services of William Schildt to assist the County Attorney in representing the County in the Manny Holtz Case being heard in the Maryland Court of Special Appeals. Unanimously approved. BID OPENING - DETENTION CENTER STORAGE BUILDING BTio construct a storage building at the Washington County Detention Center were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Callas Contractors - Base bid S40,508, Alt. #1 $5,500, Alt. #2 $3,700; Stamper Construction - Base bid $43,500, Alt. #1 $7,500, Alt. #2 $4,500; Bronka Construction - Base Bid $32,400, Alt. #1 $7,200, Alt. #2 $5,000; John R. Oliver - Base bid $25,850, Alt. #1 $6,893.97, Alt. #2 $4,243.22. The bids li will be reviewed by appropriate officials prior to a decision being rendered. (Decision rendered after following bid opening.) ii BID OPENING - GASOLINE, DIESEL FUEL, MOTOR & INDUSTRIAL OILS {i Bids for gasol ne, diesel fuel and motor and industrial oils were publicly opened. The following firms submitted proposals: Hardell Corporation, A.C. & T. and Ewing II Oil Company. Due to the complexity of the bids they were not read aloud but copies were immediately made available to all interested bidders. The bids will be •reviewed by appropriate officials prior to a decision being rendered. C ABRSD BID - DETENTION CENTER STORAGE BUILDING Motion made by Commissioner Snook, seconded by Roulette to award the contract for jl ; the Detention Center Storage Building to John R. Oliver who submitted the low base I, and Alt. #1 bids for a total contract price of $32,733.79. Unanimously approved. ADJOURNMENT otion— mnc�e by Commissioner Salvatore, seconded by Snook to adjourn at 11:45 a.m. Unanimously approved. Cou ty At rney it Clerk L I November 18, 1985 Hagerstown, Maryland 21740 REZONING HEARING A Public Hearing was held jointly by the Board of County Commissioners and the Planning Commission on November 18, 1985 at 7:00 p.m. in Court Room #3 to permit any resident of Washington County to testify concerning Rezoning Cases RZ-326, RZ- 331, RZ-332, RZ-333 and RZ-334. Ronald L. Bowers, President of the Board of County Commissioners and William E. Wolford, Jr., Chairman of the Planning Commission co - Chaired the Hearing. Also in attendance were Richard E. Roulette, Vice President, and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook; Planning Commission members Judy Acord, Jack Byers, Mike Barnhart and Don Zombro. After hearing all testimony it was announced that the Record would be kept open for ten (10) days for additional comments to be submitted in writing. The Hearing was adjourned at 9:00 p.m. ii Co y At o ney ii It I November 19, 1985 Hagerstown, Maryland 21740 Clerk The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered y Commissioner Bowers followed by the Pledge of Allegiance to the Flag by the full Assemblage. CERTIFICATES OF MERIT - T.A.C. MEMBERS T e Commissioners presented Certificates of Merit to out -going Traffic Advisory Committee Members R. Alfred Poole and Lt. Lester A. Nave for their many years of conscientious service to the welfare of the traveling public. CLOSE OUT CAPITAL PROJECTS FOR FY 1984 85 Mot oon made &y Commis s oner Rou ette, seconded by Snook to close out the following Capital Projects for FY 1984/85: Board of Education Projects - $343,000, Park Projects - $129,000, Roads & Landfill Equipment - $480,879, Junior College Projects - $93,275, Airport Projects - $807,474, Fire & Rescue Equipment - $389,881 and Roads and Court House Projects - $34,160. Unanimously approved. INCOME TAX DISTRIBUTION Younq, D rector of Finance, reported that the county received notice that it will get $3.5 million in State income taxes for the 1st quarter of FY 1986. He said that this was an increase of 16% over the same period last year for a gain of $353,000, which is a good indication of an improving local economy. APPROPRIATION FROM FUND BALANCE TO CAPITAL CONTINGENCY uct „„ „r a h�, (nmm_aa_nnPr RoulottP, seconded by Snook to approve of an appropriation of $100,000 from fund balance to Capital Contingency. Unanimously approved. APPOINTMENT TO FIRE & RESCUE ADVISORY BOARD MotionTTadebymmThF0flerRott5,c0nd0d by Snook to appoint Ed Kiitch to serve as a member of the Fire & Rescue Advisory Board for a term to expire November 1488. Unanimously approved. CHRISTMAS EVE/NEW YEARS EVE HOLIDAYS Mot on ma a by Comm sa oner Rou etto, seconded by Snook to adopt the following hnllAwv work schedule: beginning December 24, 1985, and on a permanent basis in subsequent years, County offices will observe a full -day holiday for Christmas rivet boginning December 31, 1985, and on a permanent basis thereafter, one-half day New Year's Eve will no longer be observed as a holiday. Unanimously approved. NOVEMBER 19, 1985 MINUTES, CONT'D. LINE ITEM TRANSFER - STATE'S ATTORNEY'S OFFICE Motion made by Commissioner Downey, seconded by Roulette to approve of the transfer of $2500.00 in the State's Attorney's budget from Salaries, part-time (9-404-000) to Capital Outlay (9-487-000) to be used towards the purchase of a new copy machine. Unanimously approved. MINUTES OF MEETING OF OCTOBER 22, 1985 Motion made by Commissioner Downey, seconded by Roulette to approve of the Minutes of the County Commissioners' Meeting of October 22, 1985, as submitted. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by nowney, to convene in Executive Session at 9:40 a.m. in regard to personnel, property and legal matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Comm ss oner Roulette, seconded by Snook to reconvene in Regular Session at 10:15 a.m. Unanimously approved. EMPLOY MAINTENANCE ASSISTANTS - COUNTY COMMUTER Notion ma e by Comtniss oner Downey, seconded by Roulette to employ Jerry Lee Drury in the position of full-time maintenance assistant and Lynn Hull in the position of part-time maintenance assistant for the County Commuter System to fill existing vacancies. Unanimously approved. EMPLOY MOTOR EQUIPMENT OPERATORS - ROADS DEPARTMENT Mot on made by Co- mmm7ssioner Downey, seconded by Roulette to employ William Routzahn and William Hawbaker in the positions of Motor Equipment Operator II for the Central Section of the Roads Department to fill existing vacancies. Unanimously approved. ACCEPT STATE ROADS INTO COUNTY ROADS SYSTEM Motion made by Commissioner Snook, seconded by Downey to accept the 19.67 miles of State Roads as submitted this date into the County Roads System, with the exception of Route 893 for a distance of 1.07 miles to the Pennsylvania State line, which will be accepted by way of a separate agreement which will provide for a reverter of right-of-way at such time as it may be needed for interchange improvements. LOCAL GOVERNMENT INVESTMENT POOL MarR McG one and Dav d Rommel, representatives of the state's Local Government Investment Pool, appeared before the Commissioners to explain the investment program that is available to local and municipal governmental agencies. They warned that governments should not be speculative when investing operating funds and said that the Investment Pool investigated the assets and liabilities of institutions they invested with and offered safety, liquidity and yield. In addition, the commissioners were informed that, in the past year, the return on the money averaged 8.6 percent including a tee of 3% of income earned. The Commissioners took the information under advisement at this time. BID OPENING - FLEET INSURANCE B s or t e County's Fleet insurance were publicly opened and read aloud. Firms participating in the bidding and their proposals were as follows: Wright, Gardner Insurance Co. - $1,000 deductible, $83,304, 85,000 deductible, $81,200; Hoffman Insurance Agency - $1,000 deductible, $97,452. The bids will be reviewed by appropriate oIfi i&15 pricr to a decision being rendered. AWARD BIDS - GASOLINE, DIESEL FUEL, MOTOR & INDUSTRIAL OILS Motion made -by Comm ss.oner Roulette, seconded by Snook to award the bids for gasoline and diesel fuels for the contract period December 1, 1985 - November 30, 1986 to A.C. & T. who submitted the low bids based on estimated gallonage of $178,903.38 for gasoline and $250,379.05 for diesel fuel, and to Ewing Oil who submitted the only bid based on estimated usage of motor & induntrial oils of approximately $23,000. Unanimously approved. Li LI RECESS T -"r! M 11:15 a.m, to be reconvened at 7:00 p.m. U NOVEMBER 19, 1985 'MINUTES, CONT'D. I I e I I EVENIAG SESSION - MEETING WITH HAGERSTOWN OFFICIALS Tf:e Evening Session was convened at 7:00 p.m. In the Court House Conference Room with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Sncok present. Also present were Steven Sager, Mayor of the City of Hagerstown, and Council Members Flossie Murdock, Robert Schleigh, Steven Spalding, Rodney Wagner, and Herman Whitaker. Commissioner Bowers expressed appreciation to city officials and staff for their cooperation in promoting economic development within the county. The County Administrator explained that the meeting was being held in concurrence with State Law which required the Commissioners to meet and confer annually with the municipalities in regard to tax differential and/or to discuss any other matters of mutual concern. Mayor Sager stated that he was requesting a commitment from both city and county officials to endorse state legislation that would mandate a resolution of the tax differential issue. The Commissioners agreed to consider the request, but expressed the hope that an amicable solution could be found without a state mandate. ADJOURNMENT The Meeting eett was adjourned at 7:55 p.m. Cou Attorney Clerk November 26, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook, followed by the Pledge of Allegiance to the Flag by the full Assemblage. FISCAL YEAR 1985 AUDIT REPORT Michael Manspeaker, representing the County's auditing firm, KMG Main Hurdman, appeared before the Commissioners to submit the FY 1985 Audit Report. Highlights of the Report revealed that the county realized $2,000,000 more in revenues than expected, spent $308,469 less than budgeted, and did not have to use the nearly $1,000,000 in surplus funds from last year to balance the 1985 budget. Mr. jl Manspeaker said that all of the above, in addition to exercising very good budgetary control, resulted in the county having an accumulated surplus of $5,900,000. He said that the amount of accumulated surplus was a healthy but reasonable cash reserve, in view of the fact that it represented only about six weeks of operating expenditures. Mr. Manspeaker also reviewed the auditors management letter with the commissioners. He pointed out some recommended • procedural changes but stated that nothing in the audit indicated any improprieties. ALLOCATE LOCAL MATCHING FUNDS FOR AGRICULTURE PRESERVATION PROGRAM SteGoodrich,en Associate Planner, met with the Commissioners to request their decision on a final commitment of local matching funds in support of agricultural preservation in FY 1986 Easement Acquisition Program. He explained that the I Maryland Agricultural Land Preservation Foundation would match on a 60% state, 40% j county basis an amount equal to $251,143, if the county allocated its share in the amount of $25,460 of the agriculture transfer tax collected through October 1985. MOTION made by Commissioner Snook, seconded by Roulette to allocate the county's share of the Agriculture Transfer Tax through October 1985 towards the purchase of agriculture preservation easements in Washington County in Fiscal Year 1986. Unanimously approved. ;•j FISCAL YEAR 1986 PROGRAM OPEN SPACE ANNUAL PROGRAM Edith Sweigert, Parks Coor, nator, appeared before the Commissioners to submit the proposed Fiscal Year 1986 Program Open Space Annual Program. In answer to the l Commissioners' inquiries, she explained that the projects submitted by the municipalities for both acquisition and development were prioritized by those municipalities, and that the county's protects ware subject to prioritization by the commissioners. Mrs. Sweigert also said that the only changes over last year's program were the addition of the county's Pen Mar Park Acquisition *4, the Town of Boonsboro's Kinsey Neighborhood Park Development t1, and the Town of Williamsport's development of Conococheague Senior Baseball Field. After a lengthy discussion of the projects and potential Program Open Space funds, a MOTION was made by Commissioner Salvatore, seconded by Roulette and unanimously passed to approve of the Fiscal Year 1986 Program Open Space Annual Program, as submitted this date. Unanimously approved. BID OIPENING -- 12 -PASSENGER VAN ,.'.-,-...�I .;p ^,.... ...,.. .,,.. ... _...... participating in the bidding and their proposals were as ~ follows: Central Motors Dodge - $15,800, Hoffman Chevrolet - $14,889, Massey Ford - $15,092.10. The bids will be reviewed by appropriate officials prior to a decision being rendered. (Bid awarded during Afternoon Session, this date.) NO BIDS RECEIV'8D FOR EXCESS LIABILITY INSURANCE It was publicly announced that NO hide had been received for excess liability on the county's proposed self-insurance on general liability. Alan Davis, administrator of the county's insurance programs, said that he was currently negotiating with Lloyds of London for a proposal on the excess coverage. RECESS AND FIELD INSPECTIONS Tie eet ng a 11:55 a.m. for lunch with the Board cf Education at Boonsboro Middle School and for field inspections. NOVEMBER 26, 1985 MINUTES, CONT'D. AFTERNOON SESSION The Afternoon Session was convened at 3:30 p.m. with President Bowers presiding and Vice President Roulette and Commissioners Downey, Salvatore and Snook present. CONVENE IN EXECUTIVE SESSION Motion made by Commissioner Roulette, seconded by Snook to convene in Executive Session at 3:30 p.m. in regard to personnel, property and potential litigation, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Downey, seconded by Salvatore to reconvene in Regular Session at 4:25 p.m. Unanimously approved. MINUTES OF COUNTY COMMISSIONERS MEETING OF OCTOBER 29, 1985 Motion made by Commissioner Downey, seconded by Salvatore to approve of the Minutes of the County Commissioners' Meeting of October 29, 1985, as corrected. Unanimously approved. SUPPLEMENTAL FUNDING - HAGERSTOWN JUNIOR COLLEGE y,lt on made by Commissioner Salvatore, seconded by Snook to allocate an additional $178,644 to the Hagerstown Junior College for Fiscal Year 1986 to provide for the purchase of computer equipment which will improve instruction and training in the field of word processing and enable the college to meet an important economic development need, with these funds to be appropriated from FY 1985 audited surplus. Unanimously approved. SOPPLEM TAL FUNDING - WASHINGTON COUNTY FREE LIBRARY of on made by Commissioner Salvatore, seconded by Downey to allocate an additional $9,943 to the Washington County Free Library for FY 1986 to enable the Library to purchase a microfilm reader/printer, two (2) 16 mm film projectors and some small miscellaneous equipment that were in the FY 1986 budget request but had to be postponed due to budget cuts, and to appropriate these funds from Operating Contingency. Unanimously approved. NOPPLEMNwTAL FUNDING - FIRE s RESCUE COMMUNICATIONS Mtion madi by Comm ss oner Downey, seconded by Snook to allocate an additional $2500 to the Fire & Rescue Communications budget for FY 1986 to cover the cost of modifications to tone alerting equipment for the Hancock, Fairplay and Mt. Aetna Fire Companies, the Hancock Rescue Squad and Civil Defense Rescue Company 28, since these modifications have been necessitated with the conversion to the new Console, and to appropriate these funds from Operating Contingency. Unanimously approved. RESOLUTION - BONEONNER DEVELOPMENT PROGRAM Notion ma a y Comm saioner Downey, secon ed by Roulette to adopt a Resolution approving the construction by the John R. Oliver Company of two homes in a subdivision known as Randy's Orchard as a Homeownership Development Program Project, which will give the homebuyers certain benefits under the program, including lower interest rates on the mortgage loans. Unanimously approved. AXARD BID - FLEET INSURANCE 4t on ma e y Commies oner Roulette, seconded by Downey to award the County's Fleet Insurance coverage to Wright Gardner Insurance Company, who submitted the low bid of $83,304 annual premium for $1,000 deductible. Unanimously approved. AGREEMENT TO TRANSFER 883 TO COUNTY O on made b�iimi�oi�ner Downey, seconded by Salvatore to approve of the agreement wherein the State Highway Administration will transfer Maryland Route 893 from the Pennsylvania State line to the road's end at I-81, consisting of 1.07 miles, to Washington County, with conditions for a reverter of right-of-way if the state needs it for highway improvements, unanimously approved. EXECUTION OF DEED FOR FORMER WILSONS SCSOOL Motion ad15Ty by Roulette to approve of the deed and authorize its execution by the President of the Board, for transfer of the former Wileons School Property to Lewis S. and Frances L. Horst. Unanimously approved. ■ i I L I NOVEMBER 25, 1985 MINUTES, CONT'D. AWARD BID - 12 PASSENGER VAN Motion made by Commissioner Roulette, seconded by Downey to award the bid for a 12 - passenger van to Hoffman Chevrolet who submitted the low bid of $14,889. Unanimously approved. ADJOQRNNNNT Motion made by Commissioner Salvatore, seconded by Snook to adjourn at 4:45 p.m. Unanimously approved. Co ty A oc sy Clerk I December 3, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with lice President Richard E. Roulette and Commissioner R. Lee Downey present. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Reverend Charles B. Weber, Grace United Methodist Church, followed by the Pledge of Allegiance to the Flag by the full Assemblage. LIABILITY SELF INSURANCE PROPOSAL Alan Davis, Personnel, Safety and Insurance Administrator, appeared before the Commissioners to present a proposal from Lloyd's of London to provide excess insurance coverage on a county self-insurance program at an estimated annual .1 premium of 640S,000. He said that this cost could possibly be reduced by $145,000 i if the county would assume payment of losses up to a maximum of $200,000 individual loss and/or $250,000 annual aggregate loss, at which time Lloyd's would provide coverage up to a maximum of $3,000,000. The Commissioners took the proposal under li advisement at this time. NEW LIFE INSURANCE PLAN FOR COUNTY EMPLOYEES Alan Davis [nformed the Commissioners that Aetna Life & Casualty, the county's life insurance carrier, will make available supplemental coverage for county employees and dependents through payroll deduction. He said the policy is one which provides coverage and builds cash value at the same time and is being offered at a discounted rate, and may be retained after leaving county employ. MOTION made by Commissioner Roulette, seconded by Downey to make the above i! supplemental life insurance policy available to county employees. Unanimously approved. YOUNGSTOUN PHASE IV DEVELOPMENT Dan S eedy, local developer and partner with Valley View Ltd. Partnership, appeared before the Commissioners to inform them of his plans for Youngstoun Phase IV, an ) apartment development to be built in two sections and in four stages over a period of not more than three years. He said there has been an excellent reception in the market place for these types of buildings. He also said that he hoped to finance the project through the issuance of Washington County Industrial Revenue Bonds in an amount not to exceed $3,900,000. MOTION made by Commissioner Roulette, seconded by Downey to proceed with holding a Public Hearing on the proposed issuance of Industrial Revenue Bonds in an amount not to exceed $3,900,000, with the proceeds from the sale of such bonds to be used to finance Youngstoun Apartments -Phase IV. Unanimously approved. DEBT SERVICE INFORMATION m —Young, Directo- of Finance, appeared before the Commissioners to present information on the county's current and proposed debt service. He said that the county's debt payment is $2.3 million and without a new bond, it would drop to { $838,000 in 1989 after four previous bond issues are paid off. He also said that the county could well afford the new proposed S5 million bond issue which would only increase debt service payments by $510,000 a year for a 20 -year bond and $570,000 a year for a 15 -year bond. The Commissioners took the information under advisement at this time. APPOINTMENT TO SELF INSURANCE REVIEW BOARD inmade by Commissioner Roulette, seconded by Downey to establish a Seir Insurance Review Board for the purpose of studying and making recommendations in regard to self insurance programs and to appoint the following persons to serve as members: Fred Wright, Sr., Ronald Smith, Ronald Frey, William Wantz, James Shifler, Arthur Staysates, David Schwartz and James Holzapfel. Unanimously approved. LOCAL GOVERNMENT INVESTMENT POOL Mot on made by Commissioner Downey, seconded by Roulette authorizing the Director of Finance to paricipate in the Local Government Investment Pool at such time and in such amounts as he deems economically feasible. Unanimously approved. MINUTES OF MEETINGS OF NOVEMBER 5 AND 12.L 1985 Mot on made by Comm ss oner Downey, seconded-iy Roulette to approve of the Minutes of the County Commissioners' Meetings November 5 and 12, 1985, as submitted. Unanimously approved. DECEMBER 3, 1985 MINUTES, CONT'D. CAPITAL PROJECTS TRANSFER - HAGERSTONN JUNIOR COLLEGE Motion made by Commissioner Roulette, seconded by Downey to approve of transfering funds in the Hagerstown Junior College Capital. Projects budget in the amount of $10,500 from Modification of HVAC System in the clerical services area towards the cost of moving the cooling towers. Unanimously approved. GRANT FOR TRANSPORTATION STUDY Motion made by Commissioner Downey, seconded by Roulette to enter into an agreement �I with the State Department of Transportation for a technical assistance grant in the amount of $70,000 to initiate a study of the county's public transportation system. Unanimously approved. ALLOCATE FUNDS FOR PURCHASE OF VAN Motion made by Commissioner Roulette, seconded by Downey to appropriate $14,889 from Operating Contingency to the County Commissioners budget for the purchase of a 12 -passenger van. Unanimously approved. WIIIAS COMMUTATION OF SENTENCES �I ton made by Commissioner Downey, seconded by Roulette to endorse the Christmas -coadddutation of sentences of the following Detention Center inmates, in concurrence ,I with the list submitted by the Sheriff: Carol Sutherland, Richard Brown and Franklin Crummit. Unanimously approved. IN EXECUTIVE SESSION ioion made by Commissioner Roulette, seconded by Downey to convene in Executive Session at 10:55 a.m. in regard to personnel and property matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved, mP,VamE IN REGULAP SESSION AND ADJOURN on u&e by Commissioner Downey, seconded by Roulette to reconvene in Regular _"ion and Adjourn at 11:40 a.m. Unanimously approved. oun ttorney Clerk li ii I I December 10, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners called to order at 9:00 a.m. by the President, Ronald L. members present: Vice President Richard E. Roulette and Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF AL EGIANCE The Invocation was del vered by Rev. W. Gregory Martin, followed by the Pledge of Allegiance to the. Flag by the of Washington County was Bowers, with the following Commissioners R. Lee Zion Lutheran Church, full Assemblage. PRESENTATION OF HALFWAY PARK SWIMMING POOL PLANS Jack Surrey, Architect, appeared before the Commissioners to submit the final plans for construction of a swimming pool at Halfway Park. He said the plans had been reviewed and endorsed by the Park Board. Mr. Surrey also said that the Z -shaped pool would have a capacity of about 360 people, with a shallow end and a diving end,an additional wading pool with separate filtering system and that handicapped facilities had been provided for. He said that the project was ready to bid and that he would be bidding an additional parking lot and a pool cover as options. At the Commissioners' request, Mr. Surrey agreed to bid an 8' security fence with an optional bid for the fence to be green plastic coated. The Commissioners concurred with the pool concept at this time. REAPPOINTMENT TO PARKS & RECREATION BOARD Motion made by Commissioner Snook, seconded by Roulette to reappoint Marian Miller to serve as a member of the Board of Parks & Recreation for a two (2) year term expiring in January 1988. Unanimously approved. APPOINTMENT TO BOARD OF ZONING APPEALS Motion made by Commissioner Roulette, seconded by Snook to appoint Robert Nichols to fill the vacancy on the Board of Zoning Appeals created by the resignation of Nancy Stiles whose term expires in March 1986, and to reappoint Mr. Nichols at that time to serve for a full three-year term. Unanimously approved. ANTIETAM VILLAGE WEST INFRASTRUCTURE PROPOSAL After reviewing a recommendat on from the Economic Development Commission that the county allocate funds for the cost of extending sewer facilities to the proposed Antietam Village West development, which would also be capable of handling future development from which the county could recoup its investment, Steve Sager, Mayor of the City of Hagerstown, asked the Commissioners to make their contribution conditional upon the land being annexed into the City of Hagerstown. Mayor Sager stated that if the Commissioners agreed to this proposal, he would ask the City Council to help pay the cost of extending the sewer lines. The Commissioners made no decisions at this time but asked the Mayor to send them a copy of the city's annexation policy. II ANNUAL REVIEW OF EMPLOYEES PENSION PLAN (James Myron, Aetna representat ve, along with Al Davis, Personnel, Insurance and S f .. Director a eared before the Commissioner to submit a report on the status a e y er of the county's pension plan. Mr. Myron explained the discretionary assets management of the county's investments and said that the objective to exceed jlinflation rate by 5% over any 3-5 year period of time had been exceeded with a ,!real rate. He said that the Pension Plan had total assets of $6,282,155 and !;recommended a current year county contribution of $332,614 which remained very because of actuarial gain of $172,955. In closing, Mr. Myron told the .'commissioners that the county's plan is in a correctly funded position. 7.2% low FLAW ANALYSIS - MAUGANSVILLE ORCHARD HILLS SEWER SYSTEM David S. Fr edman, Consultant wfth Terraqua Resources Corporation, appeared before the Commissioners to submit a report on the flow capabilities of the recently completed Mauganeville/Orchard Hills Sewerage System. In summarizing the report, !Mr. Friedman said that by bringing the total Airport Pump Station flow rate to 350 gpm, it would be able to accomodate planned existing and future wastewater flow incorporating the addition of Citicorp and adjacent development, with the loss of Fairchild, but could not support another industry similar to the Fairchild plant without major alterations. He also said that. over the next several years, the sewer system will also be adequate to handle anticipated changes in develupmeni. patterns, but as Citicorp and the surrounding land moves toward full build -out, elements of the sewer network will need additional carrying capacity. fie said that, as the development picture soliditlas in the northern Washington County area, additional study may be needed. The Commissioners expressed their appreciation for the information. DECEMBER 10, 1985 MINUTES, CONT'D. MINUTES OF NOVEMBER 19, 1985 Motion made by Commissioner Downey, seconded by Salvatore to approve of the Minutes of the County Commissioners Meeting of November 19, 1985, as submitted. Unanimously approved. PROCEED WITH FIVE MILLION DOLLAR BOND ISSUE Motion made by Commissioner Roulette, seconded by Salvatore to initiate procedures for the issuance of a $5 million Bond Issue with the proceeds to be used as follows: $3 million for an athletic facility at Hagerstown Junior College, $1.5 million for construction of a golf course at Ditto Farms, and $.5 million for construction of a swimming pool at Halfway Park; it was further moved to seek legislative authority to issue an additional $1 million in bonds for the purpose of modifying the existing gymnasium at Hagerstown Junior College to accommodate a vocational rehab center, at such time as the new athletic facility is completed. Unanimously approved. iJCUSE TAXES - CRARAITA INC. Motion made by CommiN I Salvatore, seconded by Snook to excuse the personal property taxes of Charnita, Inc. for the taxable year 1984/85 in the amount of $37.90 and for 1985/86 in the amount of $41.76, in concurrence with the opinion of the County Treasurer that these taxes are uncollectable due to bankruptcy. Unanimously approved. CONVENE IN EXECUTIVE SESSION Motion made by Commies oner Salvatore, seconded by Downey to convene in Executive Session at 1:00 p.m. in regard to property and personnel matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of Maryland. Unanimously approved. ECOUVE IN REGULAR SESSION AND ADJOURN t on made by Commissioner Snook, seconded by Roulette to reconvene in Regular Session and Adjourn at 1:30 p.m. Unanimously approved. ou y At or ey , Clerk I I f I December 17, 1985 Hagerstown, Maryland 21740 The Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:30 a.m. by the Vice President, Richard E. Roulette, with the following members present: Commissioner R. Lee Downey, John R. Salvatore and Martin L. Snook. INVOCATION AND PLEDGE OF ALLEGIANCE i1 The Invocation was given by given Mease, Disabled Citizens Coordinator, who prayed the Lord's Prayer in sign language, followed by the Pledge of Allegiance to the Flag by the full Assemblage. PROCLAMATIONS - MADD WEEK AND SADD WEEK Mot on made by Commissioner Snook, seconded by Downey to Proclaim the week of December 15 - 27, 1985, as Mother's Against Drunk Driving Week in Washington County, and commend this observance to all citizens. Unanimously approved. {1 Motion made by Commissioner Downey, seconded by Snook to Proclaim the week of I{ December 17 - 27, 1985 as Students Against Drunk Driving Week in Washington County, and commend this observance to all citizens. Unanimously approved. Commissioner Roulette read the Proclamations and presented copies to representatives of the local MADD and SADD organizations. RESOLUTION TO FILE SSTAP GRANT APPLICATION Motion made by Comm ss o� ner Salvatore, seconded by Snook to adopt a Resolution authorizing the Manager of the County Commuter System to execute and file an application on behalf of the County Commissioners of Washington County with the Mass Transit Administration to aid in the financing of projects pursuant to the Statewide Specialized Transportation Assistance Program. Unanimously approved. II FUNDING FOR 15th BUS (TROLLEY) Keith Godwin, Manager of the County Commuter System, informed the Commissioners { that federal financing may not be available for the purchase of a 15th bus/trolley unless it can be demonstrated that it is needed. He said that this may be done by leasing the bus/trolley for a year at a local cost of approximately $600 per month with 50% of the cost going towards the purchase price if the need is justified. He also said there is a balance of $40,000 in the UMPTA grant that could he applied { against this expenditure. The Commissioners took the matter under advisement at this time. APPOINTMENT TO AIRPORT COMMISSION Motion mare by Commissioner Downey, seconded by Salvatore to appoint Richard Funkhouser, Jr. to serve as a member of the Airport Commission, to fill the unexpired term o€ William Park until October 1986. Unanimously approved. FILL VACANCY ON TRANSPORTATION COMMISSION Mbt1on made by Commissioner Salvatore, seconded by Downey to proceed with filling the vacancy on the Transportation Commission due to the inability of Bruce Pudisill to continue to serve. Unanimously approved. ADVANCE FUNDS TO MARTINS CROSSROADS EASEMENT COSTS Motion made by Commissioner Downey, seconded by Snook to advance $10,000 to the Sanitary Commission for labor and support costs for obtaining options for easements for the Martins Crossroads Water Project, with this amount to be reimbursed when the system becomes revenue producing, unanimously approved. CHECKLIST FOR AGRICULTURAL PRESERVATION EASEMENTS Mot�made�iy Commissioner Downey, seconded by Snook to formally approve of the local Agricultural Preservation Easement Checklist, in concurrence with the requirements of the State Foundation, and as currently being used by the County Agricultural Preservation Advisory Board. Unanimously approved. PLUMBING AND BUILDING CODE UPDATES Mtion mmad© Fy Comm ss oner Snook, seconded by Downey to proceed with advertising a Public Hearing to consider adoption of the 1984 editions of the BOCA Building and Plumbing Codes. unanimously approved. PROMOTIONS TO CUSTODIAL POSITIONS Motion made by Commissioner Snook, seconded by Downey to promote Ray Hershbarger to the Roads Department and Jack Doffelmyor to the Old Post Office Building in the positions of custodian. Unanimously approved. DECEMBER 17, 1985 MINUTES, CONTD. li CONVENE IN PUBLIC HEARING - PITTMAN BOND ISSUE The Vice President convened t e Meetingin Public Hearing at 11:30 a.m. to permit any resident of Washington County to testify concerning the proposed $1,500,000 bond issue for the benefit of R. E. Pittman & Associates. Chewanney A. Brown, Attorney with Semmes, Bowen & Semmes, Bond Counsel, explained the legal aspects of the bond issue and submitted an Authorizing Resolution for the Commissioners consideration. David Pittman explained that the project would consist of the construction of one or more buildings to include a food service supermarket and a banking office. There being no one else present to speak for nor against said bond issue, the Public Hearing was closed and the Meeting reconvened in Regular Session at 11:40 a.m. RESOLUTION RE PITTMAN BOND ISSUE Motion made by Commissioner Salvatore, seconded by Snook to adopt a Resolution authorizing and empowering County Commissioners of Washington County to issue, sell and deliver, at any one time or from time to time, its revenue bonds in a principal amount not to exceed $1,500,000, pursuant to the provisions of Sections 266A through 266-1 of Article 41 of the Annotated Code of Maryland (1982 replacement volume) as amended in order to loan the proceeds thereof to R. E. Pittman & Associates, a Maryland General Partnership, for the sole and exclusive purposes described in this resolution; authorizing the Vice President of the Board of County Commissioners of Washington County to accept on behalf of County Commissioners of Washington County, the Letter of Intent from R. E. Pittman & Associates to County Cemissioners of Washington County dated December 17, 1985 and approving, pursuant to notice and following a public hearing, the issuance of the bonds requested therein; making certain legislative findings, among others, concerning the public benefit and purpose of such revenue bonds: providing that such revenue bonds and the interest thereon shall be limited obligations of County Commissioners of Washington County, repayable solely from the revenues derived from loan repayments (both principal and interest) made available for such purpose, and that neither such revenue bonds nor the interest thereon shall ever constitute an indebtedness or a charge against the general credit or taxing powers of County Commissioners of Washington County within the meaning of any constitutional or charter provision or statutory limitation and that neither shall ever constitute or give rise to any pecuniary liability of County Commissioners of Washington County; authorizing and empowering the vice president of the Board of County Commissioners of Washington County, prior to the issuance, sale and delivery of such revenue bonds, to prescribe the rate or rates of interest such revenue bonds are to bear, the form, tenor, terms and conditions of and security for such revenue bonds, and to prescribe, determine, provide for and approve various other matters, details, documents and procedures in connection with the authorization, issuance, security, sale and payment for such revenue bonds; and generally providing for and determining various matters and details in connection with the authorization, issuance, security, sale and payment of such revenue bonds. 'inanimously approved. (Copy of Resolution and Letter of Intent attached.) ADJOURNMENT Motes by Commissioner Downey, seconded by Salvatore to adjourn at 11:55 a.m. Unanimously approved. Co Attatney _ , Clerk I I 7 DECEMBER 17, 1985 MINUTES, CONT'D. I 1 I a I A RESOLUTION AUTLiORIZING ANDEMPOWERING COUNTY CQM- ISSIONERS OF WASHINGTON CDIRdTY TO ISSUE, SELL AND DELIVER, AT ANY ONE TIME OR FR(M TIME TO TIME, ITS REVENUE BONDS IN A PRINCIPAL AttJUNT NOT TO EXCEED $1,500,000, PURSUANT TO THE PROVISIONS OF SECTIONS 266A THROUGH 266-I OF ARTICLE 41 OF 11 ANWINTID CODE OF MARYLAND (1982 REPLACEMENT VDLtt ) AS AMEN= IN ORDER TO LOAN THE PROCEEDS THEREOF TO R.E. PITTMAN & ASSOCIATES, A MARYLAND GENERAL PARTNERSHIP, FOR THE SOLE AND EXCLUSIVE PURPOSES DESCRIBED IN THIS RESOLU- TION; AUTW)RIZING THE PRESIDF21T OF THE BOARD OF COUNTY C@TIISSIONERS OF WAS11INGICN CO1JhTY TO ACCEPT, ON BMiA? F OF COUNTY CC24-4SSICNERS OF T3ASHECTON COUNTY, THE LETTER OF IN'IINT FRC14 R.E. PITMAN & ASSOCIATES TO COUNTY CCMMLS- SIONiFiiS OF WA(II (1)JNIY DATED DECEMBER 17, 1985 AN APPRCVDD, PURSUANT TO NOTICE AIM FOLLOWING A PUBLIC HEARING, THE ISSUANCE OF THE BADS REQUESTED THEREIN; MAICLNG CER AIN L ISIATIVE FINDfl S , AN47NG OTHERS, CON( itN NG THE PUBLIC BEIEFIT AND PURPOSE OF SUCH REVENUE BCNDS; PROVIDING tdkid OE CCUtUTY CC 1ISSIONERS OF WASHN PJRt. COUNTY, PRIOR TO i2IE ISSUANCE, SALE AND DE LIVERY OF SUCH REVENUE BONS, TO PRESCRIBE THE RATE OR RATES OF INTEREST SUCH REVENUE BONDS ARE IO BEAR, THE FORM, TENOR, TEI 1S AND CDNDITIONS OF AND SECURITY FOE SUCH REVENUE BONDS, AN) TO PRESCRIBE, DETER- MSNE, PROVIDE FOR AND APPROVE VARIOUS OTHER MAITF1S, DETAILS. DDCl2'1FNTS AND PROCEDURES IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SECURITY, Sl.1E AND PAYtg2TT FOR SUCH REVENUE BONDS; AND ( PIIRALLY PROVIDUU FOR AND DETERMINING VARIOUS MATTERS AND DETtJI.S IN COECTION WITH THE AUTHORI- ZPITIOtN, ISSUANCE., SECURITY, SALE AIZ PAYMENT OF SUCH REVFI1JE BONDS. RECITALS actior.v 266A to 26f -T; inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacement Vol'tae) as amended (the "Act") eapower all the counties and msiicipalities of the State of Maryland to issue revern'e bonds and to loan the proceeds of the sale of such revenue bonds to a "facility user" to finance the acquisition (as defined in the Act) by such "facility user" of any 1985, pursuant to notice (in form attached hereto as Exhibit B) published in a newspaper of general circulation in Washington County on November , 1985 for the purpose of apprising affected residents of Washington County, Raryland of the proposed issuance of the Bonds and allowing such residents to appear and be heard concerning the issuance of the Bonds and the location and nature of the Facility. The Canty has determined following such public hearing, and after having duly considered (a) the availability or feasibility of conventional financing on reasonable terms to finance the Facility, (b) the competitive effect of the issuance of the Bonds on other business entities conducting business activities similar to those of the Borrower within Washington County, (c) the necessity for the issuance of the Bonds for competitive economic development purposes to insure job opportunities and to provide for a sufficient tax base, that there will be a substantial public benefit from the issuance of the Bonds, that the issuance of the Bonds to finance the Facility is in the public interest and for a public purpose and by this Resolution has given its approval thereto. The County based upon the findings and determinations set forth below, has determined to participate in the financing of the Facility by (a) issuing, selling and delivering its revenue bonds in an aggregate principal amount not to exceed $1,500,000 (the "Bonds"), and (b) loaning the proceeds of the Bonds to the Borrower upon the terms and conditions o€ the Loan Agreement, as permitted by the Act. The Loan Agreement will require the Borrower (a) to use the proceeds of the Bonds solely to finance the acquisition of the Facility (except to the extent of mounts permitted to be expended for other purposes under the Act and by the Loan Agreea�tt), and (b) to make Loan payments which will be sufficient to enable the Canty to pay the principal of and interest and premium, if any, on the Bonds when and as the same shall become dace and payable. As security for the Bonds, the Canty may enter into a trust agreement with one or more corporate trustees or a purchase or assignment agreement with the purchaser of the Bonds pursuant to which the County will assign to such trustee or purchaser, among other things, and excepting the right of the Cox ty to indemnification and to payments of the County for expenses, all of the County's right, title and interest in and to, and remedies with respect to the Loan Agreement and any other document or instrumnt relating to the Loan, and any and all other property of every description and nature from time to time by delivery or by writing of any kind conveyed, pledged, assigned or transferred, as and for additional security for the Bonds. SECTION 1. BE IT RESOLVED BY THE BOARD OF COUNTY CCNffSSIOtMZS CF WP IINGI'ON C0UNry, Mat, acting pursuant to the Act, it is herb yid and Eexmined as To ows: (1) Me issuance and sale of the Bonds by the County pursuant to the Act in order to lend the proceeds thereof to the Borrower for the sole and exclusive purpose (except to the extent of airints permitted to be expended for other, purposes under the Act and by the Loan Agreement) of financing the acqui- sition (within the meaning of the Act) by the Borrower of the Facility will facilitate and expedite the acquisition of. the Facility by the Borrower. (2) The acquisition of the Facility by the Borrower and the financing and refinancing thereof as provided in this Resolution will prorate the declared legislative purposes of the Act by (a) creating jobs and employmrent, thus relieving conditions of rmetrployment in the State of Maryland and to Washington Ccwr ty; (b) enco+m_aging the increase of industry and commerce and the creation of a balanced economy in the State of Maryland and in Washington Cotanty; (c) assisting in the retention of existing industry and commerce and in the attrac- tion of new industry and commerce in the State of Maryland and in Washington County; (d) promoting econemic development; and (e) promoting the h alth, welfare and safety of the residents of the State of Maryland and Washington County. (3) In addition to authorizing the County itself to acquire the Facility and either to lease or to sell the same to the Borrower, the Act authorizes facility financing to be accomplished in the form of a loan by the County to the Borrower. The loan form of transaction avoids indirect costs and burdens on the County by eliminating any direct involvement by the County in the acquisition, ownership or administration of the Facility while permitting the imposition of ample controls on the use of the proceeds of the Bonds, thus insuring that the public purposes of the Act and the bond transactions are fully accomplished. Because it is in the best interests of the citizens of Washington County to finance the acquisition of the Facility by a loan to the Borrower, this Resolution contemplates and authorizes a transaction in the form of a loan of the proceeds of the Bonds by the Cox ty to the Borrower. Accordingly, this Resolution, together with the written order to be executed by the President of the Board of County Commdssioners of Washington County (the "Board") prior to the issuance, sale and delivery of the Bonds (the "Whitten Order"), the Loan Agreement and any other instrument pertaining to the issuance, sale or delivery of the Bonds including those instnments approved by the Written Order (such other instrumuents, together with the Loan Agreesmernt, collectively. the "Bond Documents"), contains, or shall contain, such provisions as the Coemty deems appropriate to effect the financing of the acquisition by the Borrower of the Facility by the loan form of transaction. (4) NEITHER THE B(DS NOR THE INTEREST THERE)N SHALL EVER OOiNSTITTIE AN INDEBTE SS OR GENERAL OBLIGATION OF THE COUNTY OR A CHARGE AGAINST, OR PLEDGE OF TEE (SAL CREDIT OR TAXING POWERS OF THE CWNTY, WITHIN THE MEANING OF ANY OONSTTTIR'IONAL OR CHARTER PROVISION OR STAlTI�ORY LIM.ITATICN, AND NEITHER SHALL EVER CONSTITUTE OR GIVE RISE TO ANY PECUNIARY LIABILITY OF THE COUNTY. ULE BONDS AND THE INTEREST` THEREON SHALL BE LIMITED OBL.IGATICUS OF THE ODUNIY, REPAYABLE BY THE. COUNTY SOLELY FRCI'1 THE REVQJUES DERIVED FRQI IRAN RE PAYMENi5 (BOTH PRINCIPAL AND INtEREST) MADE TO THE COUNTY BY TILE BORRLJ4ER ON ACCOUNT OF THE LOAN AND FROM AMY OTrIER !IJNIES MADE AVAILABLE E TO THE COUNTY FOR SUCH PURPOSE. The proceeds of the Bands, and the payments to be made by the Borrower pursuant to the Loan Agreement, will be paid directly to a trustee or the holders of the Bonds in the event a trustee is rat appointed for such purpose to be held and disbursed as shall be approved by the President of the Board in the Written Order. No such monies will be cermuingled with the Caanty's funds but will be subject only to such limited supervision and checks as are deemed necessary or desirable by the County to insure that the proceeds of the Bonds are used to accomplish the public purposes of the Act and this Resolution. The transactions authorized hereby do not constitute any physical public betterment or impravenent or the acquisition of property for public use or the purchase of -4- equipment for public use. The public purposes expressed in the Act are to be achieved by facilitating the acquisition of the Facility by the Borrower. (5) The Borrower is or will be a "facility applicant" and a "facility user" as defined in the Act; the Facility to be acquired by the Borrower will be operated for motel uses within the purposes permitted by the Act. (6) The public nposes intended to be achieved by the County through the issuance of the Bonds will be achieved upon completion of the construction and acquisition of the Facility resulting in the location of a new food service supermarket and branch banking facilities in Washington County, Maryland. SECTION 2. MID BE IT FUREH . RESOLVED BY THE BOARD OF OOSR+TIY C t141S- SION RRS OF WASHING1DN That the County hereby approves and is authorized and®power to issue, sell and deliver, at any time or from time to time, the foliowing series of Bonds to be known as its "Washington County, Maryland, Ecoondo Development Revenue Bond(s) (Pittman Project)' (provided that such designation may be changed or may contain such other descriptive information as the President of the Board may prescribe in the Written Order) in a principal amount not to exceed $1,500,000 subject to the provisions of this Resolution. The proceeds of the Bonds will be loaned to the Borrower pursuant to the terns and provisions of the Loan Agreement, to be expended by the Borrower for the sole and exclusive purpose of financing and refinancing the acquisition of a Facility as specified in the Act (except to the extent of amounts permci.tted to be expended for other purposes under the Act and by the Loan Agreement). The security and sources of payment for the Bcnds shall be solely and exclusively as provided in Section 1 of this Resolution. The authority to issue the Bonds is intended to and shall include the authority to issue revenue refunding bonds. Reference herein to the "Bonds" shall include revenue refunding bonds where appropriate. In the event that any refunding bonds are issued pursuant to this Resolution, the outstanding prin- cipal amount of any "refunded bonds" (as hereinafter defined) shall not be taken into account in determining the aggregate principal amount of the Bcnds issued, sold and delivered hereunder. The term "refunded bands" means any Bonds (i) for the payment of which (both principal and interest) provision has been made from the proceeds (including any earnings on the investment thereof) of Bonds issued prsumnt to this Resolution, or (ii) which have been paid fran such proceeds, whether such provisions for payment, or such payment is made at or prior to the maturity of such Bonds. SECTION 3. AND BE IT FURTHER RESOLVED BY THE BOARD OF ODUN Y aMS- ized, , and ected to accept the Letter of intent on behalf of the Canty in order to evidence the intent of the County to issue, sell and deliver the Bonds in accordance with the terms and provisions of this Resolution. This Resolution is intended to be, and shall constitute, evidence of the County's intent to issue and deliver the Bonds , uthorized hereby in accordance with the term, hereof when the Scrds are sold, provided that tine Canty shall have no duty to obtain a purchaser or purchasers therefor and shall incur no pecuniary liability in the event the Bonds are not sold. The County and the Borrower contemplate that the Borrower may proceed with the acquisition of the Facility prior to the issuance, sale and delivery of the bands authorized hereby. SECTION 4. AMID BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY CXXM11S- SIONERS OF W ASFIIN(3ION That the Bondshali be executed name of the ty and on its behalf by the President or Vice President of the Board, by his or her manual or facsimile signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other authorized officer) by his or her manual or facsimile signature. The Bond Documents shall be executed in the name of the County and an its behalf by the President or Vice President of the Board by his or her u ual signature, and the corporate seal of the County or a facsimile thereof shall be impressed or otherwise reproduced thereon and attested by the Clerk to the Board (or other authorized officer) by his or her manual signature. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds or any of the aforesaid docuants shall cease to be such officer before the delivery of the Bonds or any of the other aforesaid documents, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had jai ed in office until delivery. The President of the Board, the Clerk to the Board and other officials of the County are hereby authorized and empowered to do all such acts and things and execute such other documents and certificates as the President of the Board may determine in the Written Order to be necessary to carry out and comply with the provisions hereof. SECTION 5. A) BE IT FURTHER RESOLVED BY THE BOARD OF C 1TY CCWIS- STONERS OF U E SRINGICt QUNTY, That prior to the issuance, sae very the Bad the President of the Board shall execute the Written Order, pursuant to which the President of the Board may (without limitation) specify, prescribe, 'I determine for or approve, all within the limitations of this Resolution matters, and the Act, all details, formes, documents and procedures pertaining to the sale, security, issuance, delivery and payment of or for the Bonds, including (without limitation): -- (a) the principal, amount of the Bonds to be issued at any one time and from time to time, the rate or rates of interest thereon, the date or dates of maturity thereof, provisions for the payment thereof, prepayment, sinking fined and redemption provisions (if any) thereof, the designation or designations issuance of the Bonds and of any series, and the date or dates of thereof; !� (b) the form, tenor, terms and conditions of the Bonds, and pro- visions for the registration and transfer of the Bonds (if any); (c) the form and contents of , and provisions for the execution and delivery of, such financing documents as the President of the Board shall deem necessary or desirable to evidence, secure or effectuate the Loan and die issuance, sale and delivery of the Bonds, including (without limitation) any loan agreements, notes, mortgages, security agreements, assignments, guarantees, financing agreements or escrow agreements; (d) provision for the payment directly by the Borrower of all expenses of preparing, printing and selling; the Bonds, including (withait by behalf i____ limitation) any and all costs, fees and expenses, incurred or on of ' the County in connection with the authorization, issuance, sale and delivery of + the Bonds, and all costs incurred in connection with. the development of the appropriate legal docuaents, including fees of counsel to the County, and compensation to any persons (other than full-time employees of the County) or -6- 'ii �i entities performing services for or on behalf of the County in connection therewith and in connection with all other transactions contemplated by this Resolution, whether or not the proposed financing is consummated, (e) the creation of security for the Bonds and provision for the achdnistration of the Bonds, including (without limitation) the appointment of such trustees, escrow agents, payment agents, registrars or other agents as the Board shall deer necessary or desirable to effectuate the transactions author- ized hereby; (f) the preparation and distribution, in con unction with representa- tives of the Borrower and the prospective purchasers or or underwriters for the Bands of any series, both a preliminary and a final official statement, place- ment memoranda or offering circular in connection with the sale of the Bonds of any series, if such preliminary official statement and final official statement, placement memoranda or offering circular are determined to be necessary or desirable for the sale of the Bonds of such series; (g) the form and contents of, and provisions for the execution and delivery of, a contract or contracts for the purchase and sale of the Bonds of any series (or any portion thereof); and (h) such other matters in connection with the authorization, issuance, execution, sale, delivery and payment of the Bonds, the security for the Bonds and the Loan, and the censuumnation of the transactions contemplated by this Resolution as may be deemed appropriate and approved by the President of the Board including (without limitation) establishing procedures for the execu- tion, aclanowledgeme nt, sealing and delivery of such other and further agree- ments, documents, and instruments, and the authorization of the officials of the County to take any and all actions, as are or may be necessary or appropriate to consummate the transactions contemplated by this Resolution in accordance with the Act and this Resolution. SECTION 6. AND BE IT MMER RESOLVE) BY THE BOARD OF COUNTY CCNMIS- SIONERS OF WASHIIL,1ON JflY. That (a) EVER CCNLSTLTUTE AN I2IDEBTE WESS OR A CHAR( AGAINST T E GENERAL CREDIT OR TAXING PAdERSE2S OF ThE COUNTY WITHIN THE tEANIM OF ANY CCNSTTflJflCNAL OR CHARIER PROVISION OR STATUTORY LIMITATION AND SHALL NEVER OONJSTTilRE OR GIVE RISE TO PECUNIARY LIABILITY OF THE COUM. In order to implement Section 266F(e) of the Act stating that the Bonds shall never consti- tute or give rise to pecuniary liability of the Canty, the Written Order, the Loan Agreemment , the Bonds and the Bond Documents may provide that no bondholder shall look to the County for damages suffered by such bondholder as a result of the failure of the County to perform any covenant, undertaking or obligation under the Band Documents , nor as a result of the incorrectness of any represen- tation made by the County in the Bond Documanta. Although this Resolution recognizes that the Bond Docasmnents shall not give rise to pecuniary liability of 1_ �._ 1._„� J, this D.: scli.'.�. J.. :: �- the Bond Doc' nts shell l the li(J�llil.y, ttuutJl tZr t:tiii_ia.a.J �., ,.... taayi. be construed to preclude in any way any action or proceedings (other than that element in any action or proceeding involving a claim for monetary damages against the County) in any court or before any governmental body, agency or innstnnmentality, or otherwise against the County or any of its officers or employees to enforce the provisions of any of the Bond Documents. -7- (b) Although the Bond Documents shall provide that the County shall have the right to seek remedies in the event of a default by the Borrower, it is contemplated that the Casty will assign the performance of obligations to take action to the trustee for the holder(s) of the Bonds or the purchaser or holder of the Bonds, in order to implement the purposes and intent of the Act, namely to facilitate the acquisition of the Facility by the Borrower without incurring any pecuniary obligation or liability of the Caxtty. Accordingly, if a trustee is appointed for such purpose, the trustee shall have the duty to act, whether or not at the direction of bondholders, in all instances in which the trustee for such Bonds may act and determines that action is appropriate. In any case where action by the trustee for the Bonds or the purchaser or holder of the Bonds requires simultaneous or subsequent action by the Co nty, the Canty will cooperate with such trustee or the purchaser or holder of the Bonds and take any and all action necessary to effectuate the purposes and intent of the Resolution and the Bond Documents. The performance by the trustee for the Bonds or the purchaser or holder of the Bonds of obligations under any of the Bond Documents permits the identification of all costs arising from the exercise of such obligations. The Bond Docents shall provide that the Borrower shall pay those costs in order to avoid any direct or indirect pecuniary burden an the County. SECTICt 7. AN) BE IT FIJI. RESOLVED BY THE BOARD OF COUNTY (.)4. S- SIO[ERS OF WASEIIN(7ltV That, as permitted by the Act, the Bonds of each series shll be sold at private (negotiated) sale and at par, unless the President of the Board deems it to be in the best interests of the Comity to sell the Bonds of any series at public sale or by retail sale or above or below par, in which event the Bonds of such series shall be sold in such meaner, at such price or prices and upon such terms as shall be determined in the Written Order to be in the best interests of the County. The Bondsofeach series shall be sold at such times, an such dates and to such persons, firms or corporations (including, without limitation, banks or other financial institutions) as shall be determined by the President of the Board, with the consent of the Borrower. SECTIOI3 8. AN) BE IT F URIMER RESOLVED BY T} E BOARD OF COUNTY CXM11S- SICEERS OF WASHi1kltN That the provisions of s Resoluiicr are sever- ble, and if any provision, sentence, clause, section or part hereof is held illegal, invalid or unconstitutional or inapplicable to any person or circum- stances, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this Resolution or their application to other persons or circumstances and the remaining provisions shall be construed so as to give practical realization to the public purposes intended to be achieved hereunder and the protection against pecuniary liability to be afforded to the Canty. It is hereby declared to be the legislative intent that this Resolution could have been passed if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included herein, and if the person or circumstances to which this Resolution or any part hereof are inapplicable had been specifically exempted herefrcm. SECTION 9. AP) BE IT F1JRI11ER RESOLVED BY T E BOARD OF COUNTY CCH9LS- SIC ERS OF WASHIRGDOC9 COUNtY, That the County reserves the rig1€o refrain from ssu s hereby authorized or to postpone such issuance for such time or timers as it may determine if it, in its sole discretion, determines (i) that the interest on the Bonds will or may not be exempt from federal income tnxe- tion, or (ii) that the issuance of the Bonds; Haight prevent it from issuing its -B- bonds the interest on which will be exempt from federal incct taxation, to finance one or mare other facilities at such time or times as it desires to issue such bonds for other facilities. other applicable lii,in the event that the financinertransactions cant�Flated by this Resolution► shall not have occurred by 31, 1985, the County' s authorization under this Resolution shall terminate unless otherwise extended by resolution of the Board. PASSE) AND AI PL this 17th day of December, 1985. 1 • • --9- 1 EXHIBIT A izr OF AJ TP -10- I II I CO BIT B -11- R.E. PITfltAN & ASSOCIATES P.O. Box 190 Hancock, Maryland 21750 December 17, 1985 County Commissioners of Washington County c/o Leroy R. Burtner, Director Washington County gnomic Deve opment Commission Court House Annex Hagerstown, Maryland 21740 Re: $1,500,000 Washington County, Maryland Economic Development Revue Bonds (Pittman Project) Ladies and Gentlemen: R.E. Pittman & Associates, a Maryland general partnership (the "Borrower"), requests that County Commissioners of Washington County (the "County") participate in the financing of the acquisition and construction of facilities hereinafter described (the "Facility") to be located in Washington County, Maryland, by authorizing, issuing and selling its economic development revue bonds in a principal amount not to exceed $1,500,000 (the "Bonds'), pursuant to Sections 266A through 266-I, inclusive, of Article 41 of the Annotated Code of Maryland (1982 Replacez t Volume) as amended (the "Act"). It is intended that this letter, if accepted by the County, shall constitute a "letter of inters." as contemplated by Section 266A(h) of the Act. It is proposed that the County loan the proceeds of the Bonds (the "Loam") to the Borrower pursuant to the terms mad provisions of a loan or similar agreement to be entered into by the County and the Borrower (the "Loa Agreement') . The Loan Agreement will require the Borrower to use the proceeds of the Loan for the sole and exclusive purpose of financing the acquisition and construction of the Facility by the Borrower as generally described herein and the payment of the costs of preparing and selling the Bonds and other costs as permitted by the Act. The Facility will be operated as a food service super- market of the Borrower and a branch of First Federal Savings Bank of Western Maryland. The Bonds shall be repayable by the County solely from the reverie derived from loan repayments (both principal and interest) made to the County by the Borrower pursuant to the teams and provisions of the Loan Agreement and from any other monies made available to the Co.nty for such purpose. The Borrower is a "facility applicant" and "facility user" (as men- tioled in Section 266A(h) and (i) of the Act). The Loan Agreement will require the Borrower to make Loan payments (both principal and interest) sufficient to pay (a) the principal of, and interest and redemption presniam, if any, on, the Bonds, and (b) all expenses incurred by the County in connection with the issuance and sale of the Bonds and County Canniissioners of Washington Comity December 17, 1985 Page 2 the making and administration of the Loan, as the same become due and payable. The Borrower agrees that all costs of acquiring and constructing the Facility in excess of the proceeds of the Loan will be paid by the Borrower. Me Loan Agreement will contain such other provisions as may be required by law and as may be agreed to by the Borrower, the County, and the purchaser(s) of the Bonds, as permitted by law. The Facility, which is a "facility" as defined in the Act, will consist generally of U) approximately 33 acres of land located on the west side of Pennsylvania Avenue extended near Sensel Road, within the corporate limits of Hancock, Maryland (the "Land"); (ii) one or more buildings of approximately 21,120 square feet, to include a food service supermarket together with some related Iiirovnents which will comprise approximately 18,720 square feet, and a banking office together with same related improvements which will comprise approximately 2,400 square feet (the "Buildings"); (iii) equipmuent, machinery and furnishings for the Buildings (the "Equipm,ent"); and (iv) any other improve- ments or interests in land necessary or desirable for operation of the Buildings, together with roads or other rights of access, utilities, and other facilities necessary to the acquisition, construction and operation of the Facility. It is expected that within the first three years of operatics, the Facility will provide employment for approximately 21 people, including 15 for the supermarket and 6 for the bank. 'Ihe acquisition of the Facility will promote the declared legislative purposes of the Act by (a) creating jobs and thus relieving conditions of unemployment in the State of Maryland (the "State") and in Washington County, (b) encouraging the increase of industry and commerce and the creation of a balanced economy in the State and in Washington Canty, (c) assisting in the retention of existing incbastry and commerce and in the attraction of new industry and commerce in the State and in Washington Co sty, (d) promoting economic development, and (e) generally pramlotiahtg the health, welfare and safety of the residents of the State and Washington County. Financial considerations have been a factor leading to the Borrower's decision to acquire the Facility and its decision has been Influenced materially by the availability of economic development revenue bond financing. It is expressly understood and agreed that (a) the County will not incur any liability, direct or indirect, or any cost, direct or indirect, in camection with the issuance and sale of the Bonds, the making of the Loan or the rehabilitation, modernization and construction of the Facility, and (b) the o._.r Facility will be acquired so as to conform to the 'riiteueut� of "t ....�ro...�... Accordingly, the Borrower will (a) select, supervise and work with the suppliers and contrerrora and will uvi& , cuiatruct, and equip the Facility, and nego- tiate and approve all contracts, construction plans, drawings, specifications, and all financing arrangements in connection with the acquisition and County Commissioners of Washington County December 17, 1985 Page 3 construction of the Facility, and (b) pay all costs incurred by, or on behalf of, the County in connection with the issuance, sale, delivery and adminis- tration of the Bonds, the making of the Loan, including the administration thereof, and in connection with the acquisition and construction of the Facility, including (without limitation) all costs incurred in connection with the development of the appropriate legal documents necessary to effectuate the proposed financing and acquisition, including (without limitation) the fees of bond counsel to the County and compensation to any other person (other than full time employees of the County) performing services by or on behalf of the County in connection with the transactions contemplated by this letter of intent whether or not the proposed financing and acquisition are consummated. It is further understood and agreed to by the Borrower that the proposal contained herein is subject to (a) a public hearing to be held by the County pursuant to at least fourteen (14) days notice in a newspaper of general circulation in Washington County, (b) the approval of, and appropriate action by, the Board of County Commissioners of Washington County which action includes, but is not limited to, passage by the County of a resolution imple- menting the financing of the project described herein and approving the Bonds (the "Resolution"), and either the passage of a final administrative resolution or the execution of a written order as will be provided for in the Resolution, and (c) the approval of detailed provisions of all documents pertaining to the financing as yet to be developed. The acceptance of this letter by the County shall constitute evidence of the present intent of the County to authorize the issuance, sale and delivery of the Bonds and to authorize the Loan for the purposes described herein subject to the conditions described herein; provided, however, that the Borrower recog- nizes that: 1. The County cannot make any guaranty, peasni.se or assurance that the terms and conditions (including, but not limited to, the principal amount of the Bonds to be issued, the rate or rates of interest the Bonds are to bear, the times that the interest on the Bonds is to be paid, the redemption pro- visions for the Bonds, the time the Bondy are to be executed, issued and deli- vered and their form, tenor and denctination) of the Bonds as actually author- ized to be issued, will be acceptable to the Borrower; 2. The County can give no guaranty, promise or assurance as to the availability of ready, willing and able purchasers of the Bonds; 3. The County reserves the right to refrain from issuing the Bonds hereby authorized or to postpone such issuance for such time or times as it may „ i c. .a r.... (1) that the int_erpat nn determine if it, in ii.s 3ui+r U1i71{:LC41U6t, uc�.cauu-a...o ,�, such Bonds will or may not be exempt from federal income taxation, or (ii) that the issuance of such Bonds might prevent it from issuing its bonds, the interest on which will be exempt from federal income taxation, to finance one or more Comity Commissioners of Washington Co my December 17, 1985 Page 4 other facilities at such time or times as it desires to issue such bonds for other facilities; and 4. Pursuant to Section 8 of Executive Order 01.01.1985.01 of the Governor of the State of Maryland titled "Proclamation an Private Activity Bond Allocations for 1985 and Later" the Borrower must make best efforts to use minority firms, as defined in Section 8-601 of Article 21 of the Annotated Code of Maryland, as amended, in the construction of the Facility or the provision of services or supplies with the proceeds of the Bonds. The County's adoption of the Resolution and its acceptance of this letter of intent are intended solely to ivplement the financing of the project described herein by enabling the issuance and sale by the Canty of the Bonds. Neither the acceptance of this letter of intent nor the adoption of the Resolu- tion will constitute any ass,�ance by the County to any prospective purchasers of the Bonds that (i) the Borrower will have the ability to repay the Loan, (ii) the Facility will be feasible economically or otherwise, (iii) the Facility will be completed, or (iv) the Facility will be in compliance with applicable Canty, State or Federal laws, The Borrower agrees to use its best efforts to complete the financing coxnteMlated hereunder and to acquire and construct the Facility. It is also understood and agreed that the County reserves the right to withdraw the authorization set forth in the Resolution and this letter of intent should either the Facility or such authorization prove to be in violation of the County, State or Federal laws applicable to the Facility or such authorization unless appropriate steps are taken by the Borrower to alter the Facility or otherwise, to bring the proposed Facility or financing into compliance with such Laws. The Borrower intends that the interest payable an the Bonds shall be exempt from federal income taxation pursuant to Section 103(b) of the Internal Revenue Code of 1954, as amended. The Borrower acknowledges that certain legis- lation has been adopted which, among other things, may adversely affect the exemption from federal income taxation with respect to the interest payable on the Bonds, limit the use which may be made of the proceeds of the Bonds, or Limit by a volumnQ cap the ability of the Comty to issue bonds or other obliga- tions, the interest payable on which is to be exempt from federal income taxation. THE BORROWER FURTHER ACKNOWLEDGES THE BC DS WILL BE SUBJECT TO THE (XIUNTy' S VOID CAP AND THAT THE 00'.MI Y CANNOT GUARANTEE THAI A VOLLME CAP ALLocATION WILL kZ AVM.L n.r, FOR irus DDS. THE BORROWER AfEES TO USE ITS BEST EFFO1 TS TO CAUSE THE BONDS TO BE ISSUED ON OR BEFORE DECEMBER 31, 1985. �+ Coax Gnmi ssianers of Washington County December 17, 1985 Page 5 The Borrower agrees that it will provide all certifications (including opinions of its couunsel) required by bond counsel to the County in order to establish that interest on the Bonds will be exempt from Federal income taxation (including certifications enabling the County to certify that the Bonds are not arbitrage bonds). The Borrower also agrees that in the event that it determines that a portion of the Land to be acquired out of the proceeds of the Bonds is not required for operations of the Borrower, any proceeds from the sale of the Land shall be applied to a re y tion of principal on the Bonds. Neither the Bonds, nor any interest thereon, shall ever constitute an indebtedness or a charge against the general credit or taxing powers of the County, within the meaning of any constitutional or charter provisions or statutory limitation, and neither shall ever constitute or give rise to any pecutniary liability of the County. In the event that the financing transactions contemplated by this letter of intent shall not have occurred by December 31, 1985 (or such shorter period if required by applicable la), the County's authorization under this letter of intent shall terminate. Very truly yours, Accepted this 17th day of December, 1985, pursuant to a Resolution passed by the County Commissioners of Washington County on Decen er 17, 1985, by thePresident of the Board of County Commissioners of Washington County. Vice COUNTY (XM{1SSICtE1S OF WASH ODURIY Richard E. Roulette, ice President Board of County Commissioners of Washington County LnW Nodm l (PUR•10/) COUNTY COMMISSIONER OF WASHINGTON COUNTY Court House Ho .rst wn, Maryland 21740 PUGLIC NOTICE r��' �,•ji*07;'n.}1�:f4r..'a;l/ a.. t.• : J: .` c++, ...i ?.4r. •• r ' OFYICCO" THE HERALD -MAIL COMPANi Hagerstown, Md., 3t is hrrrbg (trrttfirb. That the annexed adroatisement has been pith. lishtd in THE MORNING HERALD a daily a cr THE DAILY MAIL Haas p p published in Washington County, Maryland, on........ .?t/. 9 iC t ..� , THE HER:ILD•.11AIL CO Inho, county, Morywna, •aa• moonds nde Ina maximum a♦N ac• amount not to an S1.SOO.OW which bads wilt be limited oblleatlons of ColMl Commlulamsrs at Woehi Stan County. the winclool N. um. It any, and IntW'(Mt On to sayable OOINY from rovenusc to be rsdlvsd M oa.aelfon with the tlnancin and ref InuncinS at the tedttty herolwWRITdescribed and item drW Other mprMrit1mt011a available otWoah i� to aCYy CeutitY 1x , quo ourmoon. Hal Otter the bonds nor the inter- sat 1twrsan 111011 sver asnattule . on kwabtadtws or a r tsrw apakw theInS saonarol cCqou�nMttte��ah r stoners NYhnM�iwbn County Y,ilhbl TftSptalrof or aborterKMtatOn or selo 0* wdie wt t u uiss n fktefl l the Md Ndeserted INITIA_L,OWSI�R LITi�'��I7tQ� �AMaC fblK F °►Pos`orY ! � IAGI�Y• Pitt en' ry MN ti Pane. auaioCom�rtaet�aav tuft Ialrtsat tCeunf r tetras d 017x-0' Adlnlnlal . tw1: GetMaY Kathryn F. Sheet. Cleft I I I I December 31, 1985 Hagerstown, Maryland 21740 1T Regular Regular Meeting of the Board of County Commissioners of Washington County was called to order at 9:00 a.m. by the President, Ronald L. Bowers, with the following members present: Vice President Richard E. Roulette and Commissioners R. Lee ;Downey, John R. Salvatore and Martin L. Snook. I INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Salvatore, followed by the Pledge of ,;Allegiance to the Flag by the Full Assemblage. APPOINTMENT TO CHILDRENS COUNCIL Motion made by Commissioner Downey, seconded by Roulette to appoint Margaret Baker to serve as a member of the Washington County Childrens Council for a term to expire in April 1989. Unanimously approved. APPOINTMENT TO SOCIAL SERVICES BOARD Motion made by Commissioner Roulette, seconded by Snook to appoint Jan Cirincione to serve as a member of the Board of Trustees of the Department of Social Services for a term to expire in December 1988. Unanimously approved. MINUTES OF MEETINGS OF NOVEMBER 26 AND DECEMBER 3, 1985 Motion made by Commissioner Downey, seconded by Sa vatore to approve of the Minutes of the County Commissioners' Meetings of November 26 and December 3, 1985, as submitted. Unanimously approved. PUBLIC IP ND UE TThe PreBEARING dentt convenedYtheEMeettiingEinHPublliicc Hearing at 10:10 a.m. to permit any resident of Washington County to testify concerning the proposed issuance and sale of Industrial Revenue Bonds in an amount not to exceed 53,900,000 to be used to finance Youngstoun Apartments -Phase IV. Daniel Sheedy, partner with Valley View Limited Partnership, owner of the facility, explained that the project would consist of one hundred and forty-four two and three bedroom rental apartment units to be built in two sections and in four stages over a period of not more than three years. He then introduced a Resolution for the commissioners consideration, wherein said Board would indicate its intent to issue said Bonds. The County Attorney stated that the Resolution was legally sufficient. Neil Curran, Director of Housing & Community Development, stated that current projections indicated a need for the project. Gregory Eisenstadt and Dean Keagy, local developers/realtors, spoke in opposition to the method of financing and disagreed with the public needs assessment. There being no one else present to speak for nor against said Bond Issue, the Public Hearing was closed at 10:50 a.m. and the Meeting reconvened in Regular Session. JIADOPT RESOLUTION - VALLEY VIEW PARTNERSHIP BOND ISSUE Mot' o�in made by Commissioner Roulette, seconded by Downey lCommiasioners Roulette, Downey, Snook and Bower& voting Salvatore voting "NO" to adopt a Resolution indicating t issue Washington County, Maryland, Inductrial Revenue Bo exceed $3,900,000 for the purpose of financing Youngstou !(Copy of Resolution attached.) and duly passed with "AYE" and Commissioner ie intent of the Board to nds in an amount not to i Apartments, Phase IV. Ii CONVENE IN EXECUTIVE SESSION Motion m„ A y Comm ss oner Salvatore, seconded by Roulette to convene in Executive Session at 11:10 a.m. in regard to legal matters, pursuant to the authority contained in Article 76(A), Section 11(a)(6 & 7) of the Annotated Code of !Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Roulette, seconded by Salvatore to reconvene in Regular Session at 11:55 a.m. Unanimously approved. 1 DECEMBER 31, 1985 MINUTES, CONT'D. PPAPOSED NEW ZONING CLASSIFICATIONS of on made by Comm ss oner Roulette, seconded byy Salvatore to request the Planning Commission to prepare proposed amendments to the Zoning Ordinance within sixty (60) days, which would provide for separate categories of permitted uses within the Business Local (BL) and Business General (BG) Classifications. Unanimously approved. ADJOURNMENT Motion made by Commissioner Downey, seconded by Roulette to adjourn at 12:00 Noon Unanimously approved. my t ey Clerk 1 I I DECEMBER 31, 1985 MINUTES, CONT'D. El I Li I THE BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND RESOLUTION WHEREAS, Valley View Ltd. Partnership, A LIMITED PARTNERSHIP (the "Developer"), is developing a multifamily residential project in Washington County, Maryland to be known as Youngstoun Apartments - Phase IV (the "Project"), which will be owned by a limited partnership or other entity to be created by the Developer (the "Owner"), and which will consist of not more than one hundred forty-four (144) units to be built in stages over a period of not more than three (3) years of which at least twenty percent (20%) of the units (not less than twenty-nine (29) shall be occupied by individuals or families of low or moderate income within the meaning of Section 103(b)(4)(A) of the Internal Revenue Code and the Regulations issued thereunder; and WHEREAS, the Developer has requested that the Board of County Commissioners of Washington County (the "Board") indicate its intent to issue, or cause to be issued, tax exempt revenue bonds in an aggregate principal sum of not more than Three Million Nine Hundred Thousand Dollars ($3,900,000) in order to provide financing for the Project; and WHEREAS, construction of the Project will serve a public purpose and will promote the health, welfare, and safety of the citizens of Washington County in that it will provide employment for such citizens and will provide housing for persons of low and moderate income in the County; and NOW, THEREFORE, BE IT RESOLVED: 1. Subject to the terms and conditions set forth below, the County shall issue, or cause to be issued, tax exempt revenue bonds (the "Bonds"), in an aggregate principal sum of not more than Three Million Nine Hundred Thousand Dollars ($3,900,000), and having such terms and conditions as shall be approved by the Board. As used herein, the term "Bonds" shall also include a note directly secured by a mortgage on the Project. 2. The Bonds shall not constitute an obligation or indebtedness of the Board, Washington County, any agency or instrumentality of Washington County, the State of Maryland, or any agency or instrumentality or political subdivision thereof. A statement to this effect shall be printed on the face of all of the Bonds and in the official statement, if any, pursuant to which the Bonds are issued. 3. All documents pertaining to the issuance of the Bonds are subject to the approval of the County Attorney and to final approval by the Board. 4. Prior to issuance of any Bonds the Board shall ascertain and/or receive the following: (a) proof that the Project has received final approval of its site plan by the Washington County Planning Commission, and (h) the Board shall review the documentation presented and shall ascertain that the Project shall enhance the economic viability of Washington County. — -2- 5. The Bonds may be issued directly by Washingtor. County or by any agency or instrumentality thereof. Adopted at a duly called meeting of the Board of Count Commi sinners off -Washington County on the day of , 19a. BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND By: Rona s, res ent WITNESS as to signature ATTES as to seal at ryn ort, er