BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland. September 27, 2011

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1 BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY Hagerstown, Maryland September 27, 2011 The Commissioners toured the Franklin County, Pennsylvania Day Reporting Center with Sheriff Doug Mullendore and Detention Center Warden M. Van Evans in the morning, and attended a luncheon with Children in Need, Inc. at 131 West North Avenue, Hagerstown. President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 1:30 p.m. with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. BID AWARD FOUR SINGLE POST FREESTANDING FALL ARREST MONORAIL SYSTEMS Rick Curry, Purchasing Department Buyer, and Jack Reynard, Highway Department Fleet Manager, presented a recommendation to award the contract for the purchase and installation of four single post freestanding fall arrest systems at the Highway Department s four facilities to the responsive, responsible bidder Lamco Safety Products, Inc. of Hanover, Pennsylvania for the total sum bid of $112, Mr. Curry provided information on the systems, required by the Occupational Safety and Health Administration, which help to prevent the severity of fall-related injuries. The Commissioners discussed the bidding process and why only one bid was received. Commissioner Barr, seconded by Callaham, moved to award the contract for the purchase and installation of four single post freestanding fall arrest systems at the Highway Department s four facilities to Lamco Safety Products, Inc. of Hanover, Pennsylvania for the total sum bid of $112,996.00, as presented. The motion passed unanimously. RENEWAL OF WASHINGTON COUNTY EMERGENCY FOOD ASSISTANCE PROGRAM CONTRACT Lynn Jackson, Director of Operations for Food Resources, Inc., requested renewal of the Washington County Emergency Food Assistance Program (TEFAP) funding from the U.S. Department of Agriculture (USDA.) Mr. Jackson indicated that TEFAP provides free food to be distributed at a County level based on U.S. Census poverty levels. Food Resources provides warehousing service and local agencies distribute the food to low income households. He advised that the USDA provides administrative fees of $20, per year that are passed through the State government and managed by the County s Budget and Finance Department, and that no County funds are expended in the process. Commissioner McKinley, seconded by Barr, moved to approve renewal of the Washington County TEFAP contract as presented. The motion passed with Commissioners McKinley, Barr, Cline, and Baker voting AYE and Commissioner Callaham ABSTAIN.

2 Page 2 INSPECTION POSITION VACANCIES Joe Kroboth, III, Public Works Director, and Rob Slocum, Deputy Director, requested permission to advertise to hire two full-time, Grade 11 positions within the Department, a Construction Inspector and Code Inspector. Mr. Slocum indicated that the vacancies exist due to recent retirements and subsequent promotions. He provided supporting documentation regarding the need to fill the positions. The Commissioners questioned the amount of inspections needing to be performed since the slowdown experienced in the building industry. Commissioner Cline moved to approve advertising to hire a Construction Inspector and Code Inspector. The motion died for lack of a second. Commissioner Callaham moved to approve advertising to hire a Construction Inspector. The motion died for lack of a second. Commissioner McKinley requested further updated figures regarding the proposal after thirty days. CHANGE ORDER ROBINWOOD DRIVE Joe Kroboth, III and Rob Slocum requested approval of a Change Order for the Robinwood Drive Corridor Project (Contract No. RD-RW ) Mr. Kroboth provided an update on the Project and stated that AB Consultant/Sabra Wang Associates (AB/SWA) was retained by the County to complete the design of the widening project between Medical Campus Road and Academic Boulevard to accommodate growth and higher traffic volumes in the area. Mr. Slocum indicated that the additional work involves a roundabout design at Academic Boulevard in lieu of a signalized intersection. Mr. Kroboth advised that Hagerstown Community College (HCC) officials favor the roundabout. The Commissioners discussed the information presented. Commissioner McKinley, seconded by Barr, moved to approve a change order with AB/SWA for $112, and additional days for the Robinwood Drive Corridor engineering services. The motion passed unanimously. ADOPTION OF REVISED WASHINGTON COUNTY ETHICS ORDINANCE Kirk C. Downey, Assistant County Attorney, presented the final draft of the Washington County, Maryland Ethics Ordinance. He recommended the repeal of the current Ethics Ordinance and adoption of the Ordinance being presented. Mr. Downey indicated that counsel for the State Ethics Commission approved the final version and that all requirements have been met. Commissioner Barr, seconded by Callaham, moved to adopt An Ordinance to Repeal An Ordinance Entitled Ethics Ordinance adopted on May 1, 1982, and to Enact a New Ordinance Entitled Washington County, Maryland Ethics Ordinance. The motion passed

3 Page 3 unanimously. (Ordinance No. ORD is located in the County Commissioners Office) PROPOSED CHANGE ORDER - WASHINGTON COUNTY FREE LIBRARY RENOVATION AND EXPANSION Joe Kroboth, III, Public Works Director, and Gary Pozzouli, Project Manager, Capital Projects-Engineering, requested approval of a Change Order for the Washington County Free Library Renovation and Expansion Project for $137, Mr. Kroboth stated that the Change Order consists of two issues 1) testing and removal of existing foundation waterproofing material, and 2) additional caisson depth below planned elevation. He provided details of the work to be performed. Commissioner McKinley, seconded by Cline, moved to approve the Change Order for the Washington County Free Library Renovation and Expansion Project for $137, The motion passed with Commissioners McKinley, Cline, Callaham, and Baker voting AYE and Commissioner Barr ABSTAIN. SENIOR CENTER DISCUSSION County Administrator Greg Murray initiated a discussion regarding the planned Washington County Senior Center at HCC and the delay in receiving $800, funding through a State grant. Mr. Murray introduced a proposal to transfer $800, from a budgeted interest reserve from Airport Runway Improvement Project bonds, not currently allocated, to the Senior Center Project, in order to move it along. The Commissioners debated the HCC location and whether to use the funding method being proposed. Finance Director Debra Murray provided details regarding calling in the Airport Project bonds. Commissioner Callaham stated that she was uncomfortable making that decision without seeing the financial details in writing. She indicated her preference to review a list of priorities that could be considered for the Airport Project bond funds before committing them to the Senior Center. Mr. Murray stated that the Senior Center is the only project in the Capital Improvement Projects budget approved by the Commissioners for this fiscal year that remains unfunded. The Commissioners discussed the proposal. Commissioner Barr, seconded by Cline, moved to proceed with the HCC Senior Center location as planned, using the interest reserve currently allocated toward the Airport Improvement Bonds, which would be recalled. The motion passed unanimously. CONVENE IN CLOSED SESSION Commissioner Cline, seconded by Barr, moved to convene in closed session at 3:17 p.m. to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; and to consult with staff and other individuals about potential litigation, in accordance with Section of the State Government Article of the Annotated Code of Maryland. The motion passed unanimously.

4 Page 4 In closed session, the Commissioners considered a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; and consulted with staff and other individuals about potential litigation. Present during closed session were Commissioners Terry L. Baker, John F. Barr, Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. Also present were Gregory Murray, County Administrator; Vicki Lumm, County Clerk; and John Martirano, County Attorney. RECONVENE IN OPEN SESSION Commissioner McKinley, seconded by Barr, moved to reconvene in open session at 3:28 p.m. The motion passed unanimously. RECESS The Commissioners recessed at 3:28 p.m. EVENING MEETING MAUGANSVILLE RURITAN President Terry L. Baker called the evening session of the regular meeting of the Board of County Commissioners of Washington County, Maryland to order at 7:10 p.m. at the Maugansville Ruritan Building, Maugans Avenue, Maugansville, with the following members present: Vice President John F. Barr and Commissioners Ruth Anne Callaham, Jeffrey A. Cline, and William B. McKinley. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barr gave the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES SEPTEMBER 20, 2011 Commissioner Barr, seconded by McKinley, moved to approve the minutes of September 20, The motion passed unanimously. COMMISSIONERS REPORTS AND COMMENTS Commissioner Callaham reported attending the official launch of the Canal Towns Partnership at Ferry Hill involving the National Park Service and towns sharing the C & O Canal. She stated that towns would be able to market their attractions along the canal. Ms. Callaham enjoyed volunteering at the recent Maugansville Ruritan Pancake Breakfast. She attended the Maryland Municipal League (MML) meeting in Keedysville and the rededication of the newly renovated Williamsport Volunteer Fire and EMS Company facility. Commissioner McKinley mentioned the Commissioners morning visit to the Franklin County, Pennsylvania Day Reporting Center and a luncheon at the Children In Need facility. Commissioner Barr thanked the residents of Maugansville for the warm welcome. He noted that he was away on vacation the past week.

5 Page 5 Commissioner Cline stated that he attended the Senior Fall Prevention and Health Fair at Girls Inc. and the National Day of Awareness for Alzheimer s Disease in downtown Hagerstown. He reported on the Agricultural Education Center Board meeting and MML meeting. Mr. Cline attended the Council of Governments meeting and the Canal Towns Partnership launch at Ferry Hill. He was present at the March for Babies barbeque kickoff held at Always Ron s. Commissioner Baker thanked the citizens for the large turnout this evening. He reported attending a Department of Social Services Board meeting. Mr. Baker stated that he visited the new Washington County Family Center on McRand Court, which will be toured by the Commissioners during their October 4 meeting. CITIZENS PARTICIPATION Robert Walton, of Maugansville, posed a question regarding a water bill joint services fee to Maugansville residents and several other locations that has been lowered during the years but not dropped entirely. Greg Murray provided information on the fee, which is an operating fee that will never be removed entirely. Mr. Walton thanked the Commissioners for holding a meeting in Maugansville and supporting its community events. Mike Danley, Maugansville Ruritan member, discussed the County recycling bins located on Ruritan property. He questioned how to handle out of state customers using the bins and those who do illegal dumping. Solid Waste Director Cliff Engle addressed the issues. Maugansville Ruritan member Martin Lumm inquired as to progress being made to locate a new carrier after Direct Air s departure from the Hagerstown Regional Airport, and the effects on Airport activities. Joe Kroboth, III, Public Works Director, addressed his questions, advising that commercial air service was not a moneymaker, but an ancillary service. Mr. Lumm requested an update on the planned improvements at Shawley Drive. Mr. Kroboth provided details on the road improvement project, stating that rights of way are being acquired and construction may begin next summer. Commissioner Baker thanked Maugansville Little League Board members Jay Stouffer, Martin Lumm, and League volunteers who hosted the State Little League Championship tournament this summer in Maugansville. Jay Stouffer credited League Board President Kelly Colbert and all the volunteers who worked hard to make the event a success. NORTHWESTERN MUTUAL AMATEUR SOFTBALL ASSOCIATION RECOGNITION Commissioner Baker introduced Ed Lough, coach and sponsor of the Northwestern Mutual Softball Team. Mr. Lough announced that the team had recently won the Amateur Softball Association (ASA) National Championship held in Salem, Virginia. He introduced team members and stated that they would be leaving this week for Oklahoma to participate in

6 Page 6 the ASA World Series Championship. Commissioner Barr presented the team a certificate of appreciation on behalf of the Commissioners and Commissioner Callaham presented chocolates. OTHER BUSINESS Appointments to Washington County Boards and Commissions Agricultural Marketing Advisory Committee Commissioner Barr, seconded by McKinley, moved to appoint Tom Riford to a first, threeyear term, retroactively from September 30, 2010 through September 30, 2013, and to reappoint J.D. Rinehart and Hal Spielman, retroactively from May 31, 2010 through May 31, 2013 as members of the Agricultural Marketing Advisory Committee. The motion passed unanimously. Mental Health Advisory Committee Commissioner Barr, seconded by Callaham, moved to appoint Jennifer Lowery as the child advocate representative on the Mental Health Advisory Committee for Washington County to a first, three-year term from September 30, 2011 through September 30, 2014; and Rev. Stan Steele as a clergy representative to a first, three-year term through September 30, The motion passed unanimously. Local Management Board Commissioner Barr, seconded by McKinley, moved to appoint Carolyn Brooks as a community representative to the Local Management Board for a first, three-year term from October 1, 2011 through September 30, 2013; and to appoint Lynn Rushing to a first, full, three-year term as a community representative, retroactively from June 30, 2011 through June 30, The motion passed unanimously. Economic Development Commission Commissioner Barr, seconded by McKinley, moved to appoint the following Ex-Officio members to the Economic Development Commission Board of Directors - Martin Brubaker, City of Hagerstown Council member; Jill Estavillo, City of Hagerstown Economic Development Manager; and Gregory Snook, President of the Hagerstown- Washington County Industrial Foundation, Inc. (CHIEF.) The motion passed unanimously. County Administrator County Administrator Greg Murray requested approval of a grant from the State of Maryland. He advised that the Circuit Court system receives grants for personnel that perform certain functions, which are anticipated each year. The $41, grant partially provides for an employee s salary in the Juvenile Drug Court. Mr. Murray stated that this year, the County is ahead by $14, in the difference being funded, but that in future years, the position may have to be County-funded or eliminated. Commissioner Callaham, seconded by Barr, moved to accept the grant as presented. The motion passed unanimously.

7 Page 7 ADJOURNMENT Commissioner Barr, seconded by McKinley, moved to adjourn at 7:52 p.m. The motion passed unanimously. Gregory B. Murray, County Administrator John M. Martirano, County Attorney Vicki C. Lumm, County Clerk