March 25, 2008 Hagerstown, Maryland

March 25, 2008 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 8:42 a.m. by President John F. Barr with the following members present: Vice President Terry L. Baker, and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Commissioner Barr, followed by the Pledge of Allegiance to the Flag by the full assemblage. APPROVAL OF MINUTES MARCH 11, 2008 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of March 11, 2008 as amended. Unanimously approved. CAPITAL IMPROVEMENT PLAN WORKSHOP Debra Murray, Director of Finance, met with the Commissioners to provide an initial overview of the 2008-2014 Capital Improvement Program (CIP) budget for the Commissioners review. Ms. Murray reviewed the spending patterns for the Board of Education and Hagerstown Community College over the past eight years showing what was appropriated and the actual amount spent. She noted that the Board of Education has spent in the range of 20% of the total amounts requested for those years and indicated that they may want to consider extending projects further out to allow funding to be utilized for other projects. Ms. Murray informed the Commissioners that with the new software, the County will be moving to 10-year program as opposed to 6 year plan. The Commissioners reviewed the debt affordability calculations. Ms. Murray discussed the selection of peer groups and informed the Commissioners of the following ratios used for targets: debt per capita, debt as a percent of fair market value, debt service as a percentage of general fund revenues, debt service per capita as a percentage of income per capita, general fund balance general fund balance per resident, and unreserved fund balance. She stated that the County wants to stay within the peer group calculations. Ms. Murray indicated that, if the Commissioners want to maintain those targets over the

next 20 years, the debt must be kept within $16 million per year for the next 16 years or ratios will be negative in the out years. She stated that Draft #1 of proposed sixyear plan totals $529,642,461 with 70% funded by local funds and 30% with outside funds. The borrowing in 2009 is estimated to be $16 million plus $4.5 million for the Resh Road Landfill capping project that was previously approved. Ms. Murray reminded the Commissioners that the two major projects that must be planned for are a new high school and the fitting-out of the new detention center property. She explained that they must plan ahead for that amount of cash if they do not want to exceed $16 in borrowing. Ms. Murray stated that she hopes to increase the pay-go funding each year to help pay for the cash requirements for these projects with the difference to be taken from Capital reserves. The Commissioners began their review of the projects requested for FY 2009: Airport ($740,000), Board of Education ($9,678,000), and Hagerstown Community College ($6,455,363). The Commissioners stopped the CIP review at 10:30 a.m. for citizens participation. CITIZENS PARTICIPATION Lt. David Kloos, the new Commander of Maryland State Police Barrack O, and First Sergeant Kevin Lewis, appeared before the Commissioners to introduce themselves and to offer their assistance and cooperation to the County. CAPITAL IMPROVEMENT PLAN WORKSHOP CONTINUED The Commissioners resumed their review of CIP projects. The Committee reviewed the following FY 2009 totals for the Library ($1,212,000), Bridge projects ($1,719,000), Drainage projects ($135,000), General Government ($2,231,200), Parks & Recreation (216,635), Public Safety ($9,695,963), and Railroad projects ($0). Commissioner Aleshire noted that the downtown Library expansion project hinges on the City of

MARCH 25, 2008 PAGE TWO Hagerstown obtaining property on each side of the building for the proposed expansion/renovation. RECESS LUNCH The Commissioners recessed at 11:51 a.m. for lunch. AFTERNOON SESSION The afternoon session was called to order at 1:03 p.m. by President John F. Barr, with the following members present: Vice President Terry L. Baker, and Commissioners Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. TRANSFER POINT RELOCATION STUDY Kevin Cerrone, Director of Transportation, along with Lib Fetting and Jason Quan, representing the KFH Group, met with the Commissioners to present the findings of the Transfer Point Relocation Study. Mr. Cerrone explained that the County Commuter has increased its ridership and is looking to relocate the current transfer point to a more convenient, user-friendly, and safe location. He stated that the current transfer point is located below a railroad overpass in the 300 block of West Washington Street. Mr. Quan noted that sixteen locations were identified and evaluated. The study documents the deficiencies of the current site and examines the advantages and disadvantages of potential new sites. Sites that were evaluated included the former Ames Shopping Center, the former Wendy s restaurant site on Dual Highway, the former Hoffman s Affordable Vehicles site, 300 block of East Antietam Street; VIP Mobility (former Greyhound Station), Herald mail (gravel lot), 80 West Baltimore Street, Market House lot, 200 block of West Franklin Street, South End Shopping Center, Greyhound Station, MTA Commuter Bus Park and Ride Lot, Longmeadow Shopping Center, former Giant Eagle Shopping Center, First Data auxiliary parking lot, and the Valley Mall. Mr. Quan reviewed each of the sites identified. He informed the Commissioners that the top two locations were 80 West Baltimore Street, and the 300 block of East Antietam Street. Ms. Fetting estimated that the cost to construct the transfer station and bays would be $3.2 million, but indicated that it is dependent upon the location chosen. She noted that typically the Federal government would provide 80% of the necessary funding with

the State and local governments each providing 10% of the costs. The Commissioners discussed the findings in the report and thanked Mr. Quan and Ms. Fetting for the presentation. Mr. Cerrone stated that he would be meeting with the Maryland Transit Authority in the near future to discuss funding possibilities. ADOPTION OF AN ORDINANCE ENTITLED AN ORDINANCE TO ADOPT A FEE SCHEDULE TO GOVERN ALL BUILDING WORK PERFORMED IN WASHINGTON COUNTY, MARYLAND Motion made by Commissioner Kercheval, seconded by Aleshire, to amend the Mechanical Fee Schedule adopted by Ordinance on July 26, 2005, and amended on May 23, 2006, by establishing a registration fee for mechanical contractors who perform work in Washington County by adopting an Ordinance to Amend the Ordinance entitled An Ordinance to Adopt a Fee Schedule to Govern all Building Work Performed in Washington County, Maryland as presented by staff. Unanimously approved. CONTRACT AWARD SHARPSBURG AND HIGHFIELD WATER STORAGE TANKS REHABILITATION PROGRAMS Karen Luther, Purchasing Agent, and Mark Bradshaw, Deputy Director of Engineering Services for the Environmental Management Division, met with the Commissioners regarding the contract award for the Sharpsburg and Highfield Water Storage Tanks Rehabilitation Program. Ms. Luther informed the Commissioners that the contract award made by the Board on October 23, 2007 to Utility Service Co., Inc. for the low bid of $330,594 was subject to the approval of the Maryland Department of the Environment (MDE). The proposal submissions were valid for ninety calendar days. Since the County did not receive permission to award the contract until the specified time had expired, Utility Services, Inc., declined to honor their bid and withdrew the proposal. Ms. Luther stated that the County

MARCH 25, 2008 PAGE THREE then contacted the next lowest proposer, Southern Corrosion, Inc., which was willing to honor their proposal and enter into a contract with the County to perform the work as outlined in the Request for Proposal. Mr. Bradshaw answered questions from the Commissioners regarding the process. He stated that he has also been notified by MDE that the grant funding has been increased for the project. Motion made by Commissioner Aleshire, seconded by Kercheval, to rescind the contract award made on October 23, 2007 to Utility Service Co., Inc., and to award the contract for the Sharpsburg and Highfield Water Storage Tanks Rehabilitation Programs to the next lowest responsive, responsible proposer, Southern Corrosion, Inc., in the amount of $382,594, contingent upon the approval of the Maryland Department of the Environment, and to approve a budget transfer in the amount of $41,359 from the Public Safety Radio Communications project for the antenna installation portion of the project. Unanimously approved. INTERGOVERNMENTAL COOPERATIVE PURCHASE OF CONSULTING SERVICES FOR PAVEMENT DATA COLLECTION Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the Resolution (Resolution No. RS-08-02) authorizing the purchase of Consulting Services for Pavement Data Collection for use by the Engineering Department to Enterprise Information Solutions, Inc. to deliver a current road survey in electronic format for 350 miles or approximately one-third of Washington County s road network with a minimum of 400 traffic counts to be collected in the amount of $99,750, by utilizing the Howard County contract in accordance with the terms and conditions of that contract pursuant to Section 1-106.3 of the Code of Public Local Laws of Washington County, Maryland, and the additional services as required in FY 2009 at the unit prices contained in the contract. Motion carried with Commissioners Kercheval, Aleshire, Baker and Barr voting AYE and Commissioner Wivell voting NO. APPROVAL OF BY-LAWS - AGRICULTURAL MARKETING ADVISORY COMMITTEE Tim Troxell, Executive Director of the Economic Development Commission, and Lynn Little, Director of the Maryland Cooperative Extension Office, appeared before the

Commissioners to review the proposed by-laws for the Agricultural Marketing Advisory Committee. Mr. Troxell stated that the group was formed to help draft a job description and business plan for the new Agricultural Marketing Specialist position. He noted that these tasks have been completed and the Committee is recommending that by-laws be adopted for a new Agricultural Marketing Advisory Committee. Ms. Little noted that the by-laws as proposed would expand the Advisory Committee to seven members. The meeting was opened for questions and discussion. Commissioner Wivell stated that he believes only the stakeholder members should be permitted to vote on issues and not the ex-officio members. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve and adopt the proposed by-laws for the Agricultural Marketing Advisory Committee as presented. Motion carried with Commissioners Kercheval, Aleshire, and Barr voting AYE and Commissioners Baker and Wivell voting NO. PROPOSAL TO EXPAND SMART GROWTH ARTS & ENTERTAINMENT DISTRICT BOUNDARIES Kathleen Maher, Planning Director for the City of Hagerstown, appeared before the Commissioners regarding the City s designated Smart Growth Arts & Entertainment (A&E) District. Ms. Maher stated that the City is submitting an application for re-designation of the A&E District with an expanded boundary. She noted that the County had agreed to provide property tax credits for projects which create artist housing or space for arts and entertainment enterprises in the downtown A&E District, for the original designation, and asked that they consider partnering with the City and State again by allowing for County property tax credits along with the City property tax credits, State income tax subtraction, and Admission and Amusement Tax exemption. She stated that the designation was good for a period of 10 years. Ms. Maher reviewed a map showing the proposed expansion of the A&E District boundaries.

MARCH 25, 2008 PAGE FOUR She indicated that she would need a letter of support to include with the application if the County wishes to partner with them. Ms. Maher informed the Commissioners that the City Council is holding a public hearing tonight. The meeting was opened for questions and discussion. Commissioner Kercheval stated that he would support partnering in the boundary expansion, contingent upon the outcome of the public hearing tonight. Motion made by Commissioner Kercheval, seconded by Aleshire, to partner with the City of Hagerstown for the existing district boundaries and the proposed expanded boundaries of the Smart Growth Arts & Entertainment District program by providing property tax credits for projects which create artist housing or space for arts and entertainment enterprises in the downtown A&E District, contingent upon staff review of the public hearing tonight. Unanimously approved. REZONING SCHEDULE Kirk Downey, Assistant County Attorney, informed the Commissioners that concerns have been raised by several area realtors relating to the recent change made by the County to hold public hearings on a semi-annual basis for consideration of text and map rezoning amendments. Mr. Downey stated that the Planning staff is ready to post the schedules on the County s website and implement the new schedule and has asked for the Commissioners guidance. After discussion, it was the consensus of the Commissioners to continue their intent to hold semi-annual hearings. Additional hearings could always be added later if the Commissioners felt the biannual schedule proved to be insufficient. GYPSY MOTH SPRAYING Greg Murray, County Administrator, informed the Commissioners that he was notified by the Department of Agriculture that the total required for gypsy moth spraying in the County is $100,000. Mr. Murray noted that $40,000 was committed for this fiscal year. He asked if the Commissioners wanted to provide the additional funding for the service. Commissioner Barr provided copies to each Commissioner of the two maps showing the expanded area that the Department of Agriculture feels should be sprayed. The

maps provided by the Department of Agriculture did not appear to show a comparative increase in acreage sprayed when considering a 250% increase in County funding. The Commissioners asked Mr. Murray to obtain additional information regarding the land mass that would be sprayed with the increased funding and the costs involved before they agree to the proposal. BUDGET WORKSHOP SALARY AND BENEFITS RECOMMENDATIONS William Sonnik, Director of Human Resources, and Debra Peyton, Insurance Administrator, met with the Commissioners to present benefits recommendations for the fiscal year 2009 budget. Ms. Peyton provided a summary of current health insurance benefits for their information. She stated that due to an increase in premiums of over 12%, they are recommending no changes to benefits. Ms. Peyton recommended an increase of 12% for the employee portion of health insurance, and a 7% employer increase to maintain the current 10% employee/90% employer ratio. She proposed no increases for vision or dental coverage. It was the consensus of the Commissioners to approve the recommendation as presented. CONVENE IN CLOSED SESSION Motion made by Commissioner Kercheval, seconded by Wivell, to convene in closed session at 3:58 p.m. to discuss the appointment, assignment, and/or compensation of appointees or officials over whom it has jurisdiction; to discuss other personnel matters that affect one or more specific individuals; and to consider matters that relate to collective bargaining negotiations, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN REGULAR SESSION Motion made by Commissioner Baker, seconded by Aleshire, to reconvene in open session at 5:19 p.m. Unanimously approved.

MARCH 25, 2008 PAGE FIVE In closed session, the Commissioners discussed the appointment, assignment, and/or compensation of appointees, or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; and considered matters that relate to collective bargaining negotiations. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, James F. Kercheval, and William J. Wivell. Also present at various times were Gregory Murray, County Administrator; John Martirano, County Attorney; Joni Bittner, County Clerk; and William Sonnik, Director of Human Resources. RECESS The Commissioners recessed until 5:45 p.m. CONSIDERATION OF NEW PERSONNEL REQUESTS FY 2009 William Sonnik, Director of Human Resources, reviewed the requests for new positions as initially presented at the March 11, 2008 meeting, for the Commissioners consideration and discussion. Greg Murray stated that the positions have been separated into public safety and nonpublic safety categories. Sheriff Mullendore reviewed the positions being requested by the Sheriff s Department. The meeting was opened for questions from the Commissioners. It was the consensus to approve the following positions: Patrol - Property, Planning, Fleet Manager/Grants Coordinator (Grade 10), Training & Accreditation Coordinator (Grade 9), and Sex Offender Register (Grade 8), Detention - 11 entry-level deputies, Central Booking - 10 entry-level deputies on Detention scale, and Narcotics Task Force change Intelligence Analyst position from part-time to full time position. The Commissioners also approved an increase in the shift differential of 3% for second shift and 5% for third shift as a percentage of salary for the Judicial, Detention and Patrol Divisions, and an increase in part-time hourly wages and decrease in the work week for Process Servers. The Commissioners approved the request to adjust the budget for Special Operations from an eight-hour schedule to nine hour days, seven days per week.

Kevin Lewis, Interim Director of the Division of Fire & Emergency Communications, reviewed the positions requested for 911 and Fire & Rescue positions. It was the consensus to approve funding the three ALS Technicians to complete staffing of Phase I, the Assistant Chief position, and to place $1 million in the FY 2009 budget as a placeholder for funding of Phase II of the EMS Plan. Commissioners Wivell and Aleshire were not in support of this request. The Commissioners also approved the requests for Emergency Communications Specialist (1), 11 Emergency Communications Specialists through the consolidation with the City in January 2009 (to be reimbursed at 85%), and $30,000 for overtime costs. Other non-public safety positions approved included three Part-time Recreation Attendants; one GIS Technician (Grade 9) in the Planning Department; one full-time Office Associate (Grade 6) and one part-time Mechanic (Grade 9) in the Transit Department; and to approve the request to increase overtime hours line item by $2,270 in the Planning Department. (Commissioner Aleshire was excused at 7:41 p.m.) GENERAL FUND WORKSHOP Debra Murray, Director of Finance, and Kim Edlund, Assistant Director of Finance, met with the Commissioners to provide a General Fund Budget overview on projected revenues. Ms. Murray informed the Commissioners that property tax is projected to increase overall by 10.72% or $120,668,850. She reviewed the tax credits and indicated that they have asked the State to check on estimates regarding the tax cap. Ms. Murray projected a 9.5% increase in real estate, which includes a 50% reduction.

MARCH 24, 2008 PAGE SIX Income Tax is estimated to have a 5% increase (total projected $76,825,000). Ms. Murray explained that she is expecting a $2 million reduction in revenues due to State restructuring of income tax although they are not sure when that will occur. She noted that the Budget and Finance Department tries to be conservative in income tax estimates to keep the baseline consistent in the event of a recession. She estimated that Recordation Taxes will decrease by $1 million for FY 2009 based on current trends. Interest earnings are estimated at $3,028,450 and revenues on interest earnings at $3,028,450. Ms. Murray reviewed the estimates for Charges for Services and Grants for Operations. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Baker, to adjourn at 8:07 p.m. Unanimously approved. County Administrator County Attorney County Clerk