January 6, 2009 Hagerstown, Maryland

January 6, 2009 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland was called to order at 9:10 a.m. by President John F. Barr with the following members present: Vice President Terry L. Baker and Commissioners Kristin B. Aleshire, and James F. Kercheval. (Commissioner Wivell was absent from the meeting.) 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 DECEMBER 16 2008 Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the minutes of December 16, 2008. Unanimously approved. COMMISSIONERS REPORTS AND COMMENTS Commissioner Baker wished everyone a prosperous 2009. He stated that he participated in the Town of Williamsport s Santa s Helper program and attended the Planning Commission meeting with Commissioner Kercheval. Commissioner Kercheval reported on meetings of the Planning Commission and Local Management Board. He stated that he attended a preliminary meeting with the Lobbying Coalition and that the tentative dates of February 5 or 6 have been scheduled for the Commissioners to meet with legislators in Annapolis. Commissioner Aleshire stated that he received correspondence from licensed electricians in Washington County regarding new regulations for the display of license numbers. He indicated that he was unable to attend the Boonsboro Town Council meeting but was made aware of the Town s discussion regarding its APFO requirements and the possibility of waiving these requirements for a new development. Commissioner Aleshire stated that he felt the process to grant express approval to allow annexation of this parcel was moved forward too quickly. Commissioner Kercheval stated that he feels there are solutions to this issue and that the Town is concerned with funding the upgrades to its sewer system. Commissioner Aleshire

informed the Commissioners that several towns in Maryland are participating in the new Maryland Municipal League Geocache Trail as a tourism promotion. He stated that a geocache is similar to a treasure hunt using a GPS system to find the cache. Commissioner Aleshire informed the Commissioners that he met with Delegate Weldon regarding House Bill 288 which allows local governments to provide tax relief to qualified residents 70 years or older. He stated that he feels the county should research the impact to the County of implementing this bill. Commissioner Aleshire reviewed Governor O Malley s furloughs of State employees to reduce costs and indicated that he has been asked about the County s situation. Greg Murray, County Administrator, stated that the County is in good financial shape and indicated that Washington County s conservative approach of not placing surplus funds into the operational (baseline) budget allows the County more flexibility to deal with the economic downturn. Commissioner Barr briefly addressed the new requirements established by the Board of Electrical Supervisors requiring electricians to display certain information on their vehicles when licenses are renewed. He stated that he thought that the issue had been resolved and advised the Commissioners that correspondence regarding this matter should be directed to the Electrical Board. COMPREHENSIVE ANTI-GANG ACTIVITY STRATEGY GRANT Colonel Randy Wilkinson of the Sheriff s Office met with the Commissioners to request approval of a Comprehensive Anti-Gang Activity Strategy Grant from the U.S. Department of Justice in the amount of $72,461. Colonel Wilkinson explained that when a 2006 grant award was made to fund the Gang Enforcement and Suppression Task Force the position of Gang Investigator for the Washington County Sheriff s Office was not funded. He stated that an officer was assigned to this role and a cohesive strategy has been developed for the enforcement and suppression of criminal gang activity in the County. This grant would fund the

JANUARY 6, 2009 PAGE TWO position of a Criminal Gang Intelligence Analyst who would use the data and information collected by the Criminal Gang Investigators to perform data entry and compile information to aid law enforcement agencies in their investigation of gang related crimes. He noted that the grant is for a year and a half and this position would have to re-evaluated after that time. The meeting was opened for discussion and questions. Motion made by Commissioner Kercheval, seconded by Baker, to accept a Comprehensive Anti-Gang Activity Strategy Grant from the U.S. Department of Justice in the amount of $72,461 to fund a Criminal Gang Intelligence Analyst position for the Washington County Sheriff s office. Unanimously approved. LAW ENFORCEMENT TECHNOLOGY GRANT Motion made by Commissioner Kercheval, seconded by Baker, to approve acceptance of a grant of $20,000 from the Governor s Office of Crime Control and Prevention for Law Enforcement Technology to equip an interview room with a digital video/audio recording system. Unanimously approved. GRANT ACCEPTANCE CHILD SUPPORT ENFORCEMENT ADMINISTRATION Motion made by Commissioner Kercheval, seconded by Baker, to accept a grant from the Department of Human Resources/Child Support Enforcement Administration in the amount of $49,410 to reimburse the County for vehicles and emergency equipment purchased for the Sheriff s Office for the enforcement of child support regulations. Unanimously approved. PUBLIC HEARING MARYLAND NEIGHBORHOOD CONSERVATION INITIATIVE The Commissioners convened a public hearing at 10:02 a.m. in accordance with 24 CFR 570.486(a)(5) for the purpose of obtaining citizens views prior to submission of an application to the Maryland Neighborhood Conservation Initiative Program. Sonja Hoover, Fiscal/Research Specialist for the Hagerstown-Washington County Economic Development Commission, informed the Commissioners that they are considering the submission of an application for $1,180,000 in funding for a Neighborhood Stabilization

Program to assist communities in addressing abandoned and foreclosed homes in neighborhoods that have been impacted by foreclosure and sub-prime lending. The funds would be restricted to the 21740 zip code area, which has shown the greatest impact of foreclosures, and is considered in the severe designation. The proposed projects are: 1) Location of a centralized Transit Center for Washington County Public Transportation ($65,000); 2) Acquisition and rehabilitation of residential properties in the 21740 zip code under the Lease Purchase Program - Housing Authority of Washington County ($1,000,000); 3) Housing Counseling Program - Hagerstown Neighborhood Development Partnership, Inc. ($10,000) for homebuyers of foreclosed/bank-owned properties within the 21740 zip code; and 4) Down Payment and Closing Cost Assistance Program to eligible households purchasing foreclosed properties within the designated 21740 zip code Hagerstown Neighborhood Development Partnership, Inc. ($50,000). Staff reviewed each of the projects in detail. The remaining amount of $45,000 would be for project administration and general administration costs. The meeting was opened for discussion and questions for the Commissioners. Commissioner Barr opened the hearing for public comment. There was no one present who wished to comment. The public hearing was closed at 10:14 a.m. Motion made by Commissioner Kercheval, seconded by Aleshire, to approve the submission of an application in the amount of $1,180,000 to the Department of Housing and Community Development for grant funding through the Neighborhood Conservation Initiative Program to support the following initiatives: 1) Centralized Transit Center for Washington County Public Transportation 2) Lease Purchase Program - Housing Authority of Washington County; 3) Housing Counseling Program - Hagerstown Neighborhood Development Partnership, Inc.; and 4) Down Payment and Closing Cost Assistance Program Hagerstown Neighborhood Development Partnership, Inc. Unanimously approved.

JANUARY 6, 2009 PAGE THREE CITIZEN PARTICIPATION There was no one present who wished to participate. PUBLIC HEARING - AGRICULTURAL PRESERVATION DISTRICTS The Commissioners convened a Public Hearing regarding continuation of the 10-year District Program for agricultural easements at 10:35 a.m. Eric Seifarth, Rural Preservation Administrator, and Sarah Edelman, Land Preservation Planner, presented information on the history of the Agricultural Preservation District program. Mr. Seifarth explained that the Maryland Agricultural Land Preservation Program eliminated District Agreements in 2008 and is allowing counties to choose whether to continue with the five and ten year term programs or allow landowners to apply directly for easement sale. He stated that the Washington County Agricultural Land Preservation Advisory Board voted to continue with the ten-year District Agreements and maintain the tax credit program, as a way for landowners to show their commitment to agriculture while waiting for funding for an easement sale. Ms. Edelman provided information on the proposed ordinance creating County Agricultural Districts. She stated that six letters were received in regard to notification to property owners. The meeting was opened for questions from the Commissioners. Commissioner Aleshire raised several concerns/questions regarding the proposed Ordinance. Commissioner Barr opened the meeting for public comment. Comments in support of continuing the ten-year district program were heard from Ralph Shank, Jr., Alan Green, Galen Long, Chair of the Washington County Farm Bureau, and Jerre DeBaugh. The public hearing was closed at 10:56 a.m. The Commissioners expressed support and noted that the official vote is scheduled on next week s agenda. REPORTS FROM COUNTY STAFF Jaime Dick, Director of the Recreation Department, informed the Commissioners that the new community centers opened at both Maugansville and Rockland Woods Elementary Schools. He explained that the programs offered include regular and drop-in programs for basketball, volleyball, and badminton.

William Sonnik, Director of Human Resources, introduced Fred Nugent, who was recently hired as a Planner in the Planning & Community Development Department. Gary Rohrer, Director of Special Products, informed the Commissioners that the Advisory School Design Review Committee had a productive meeting with school system staff regarding procedures and indicated that he would keep the Commissioners informed of developments. Joe Kroboth, Director of Public Works, stated that the Town of Sharpsburg and Board of Education have requested that curbs and sidewalks be extended to allow children better access to the elementary school. Mr. Kroboth indicated that by working with the State Highway Administration, a $58,401 grant was offered to complete the project. Motion made by Commissioner Kercheval, seconded by Aleshire, to accept a grant from the Maryland State Highway Administration in the amount of $58,401 to construct curbs and sidewalks to connect to the Sharpsburg Elementary School and to establish a Capital Improvement Program (CIP) budget line item for the project. Unanimously approved. Mr. Kroboth and Julie Pippel, Director of Environmental Management, met with the Commissioners to discuss projects available for Federal Economic Stimulus Funds. Mr. Kroboth emphasized that this is a job creation program and that projects must be shovel ready within 90 days or be ready for bid within 180 days and constructed within 2 years to be eligible. Ms. Pippel stated that the Maryland Department of the Environment has not determined how it will administer the funds. The Commissioners reviewed the list of capital projects. Greg Murray, County Administrator, stated that some of the smaller municipalities have projects they would like to submit jointly or in conjunction with the

JANUARY 6, 2009 PAGE FOUR County s projects. The Commissioners directed staff to compile a list of eligible projects that meet the criteria for Federal funding and schedule it for presentation in two weeks. DISCUSSION OF TERM GOALS Greg Murray, County Administrator, stated that time has been set aside to review the current term goals with department heads and to discuss any possible new goals. Engineering Gary Rohrer, Director of Special Projects, stated that he has been working with a committee on geometric design criteria to update all specifications and standard details used in construction. He stated that he has nearly completed those for highway sections and estimated that it would be a month before standard details are solidified. Mr. Rohrer indicated that he would be meeting with the Planning Commission in February. Joe Kroboth, Director of Public Works, indicated that a complete revision of general conditions was implemented. Jennifer Smith, Deputy Director of Public Works, informed the Commissioners that the initial draft for the stormwater management program is almost complete. Mr. Kroboth stated that development of a system to track operations in the Engineering Department will require full utilization of the Accella system. Commission on Aging Susan MacDonald, Executive Director of the Commission on Aging, provided an update from the committee assessing various locations for a permanent Senior Center. Ms. MacDonald distributed a fact sheet on utilizing the fifth floor of the Aspiring to Serve Community Center. She estimated the cost to be $564,000 to fit-out the facility and $73,400 per year in rent. Recreation Jaime Dick, Director of the Recreation Department, stated that his department is working with the Planning Department to develop a needs assessment plan. He stated that school oriented recreation programs are being expanded through

joint-use agreements. He emphasized the need to have a community room to be used for the dance program and also to be rented out for birthday parties. Mr. Dick stated that he and his staff are working with several municipalities regarding recreational programs. Parks, Recreation & Facilities Jim Sterling, Director of Parks, Recreation & Facilities, informed the Commissioners that countywide parks and recreation needs assessment surveys have been distributed and that he is trying to expand the plan submitted to the State. He emphasized the need for regional parks throughout the County. Mr. Sterling stated that the plan to develop a maintenance and operation policy for library branch facilities is 50-60% complete. He informed the Commissioners that an annual pass program for Black Rock Golf Course has been discussed may be re-evaluated in the next few months. Mr. Sterling indicated a bonus card-type program is being considered. Transit Kevin Cerrone, Director of the Transit Department, stated that the study regarding the location of bus transfer points has been completed and submitted to the Commissioners. The route feasibility study showed that it would cost approximately $380,000 to provide transportation to the southern part of County. Mr. Cerrone stated that grant funds have been secured for the purchase of bus shelters and he is waiting until the transfer point is designated to implement it because route changes may occur. He also stated that grant funding has been secured for a new ride-guide for the County Commuter.

JANUARY 6, 2009 PAGE FIVE Airport Carolyn Motz, Airport Director, indicated that a grant for a perimeter monitoring system has been acquired in conjunction with the plan for integration of the airport security data system with the Sheriffs Office and that this goal will be more thoroughly evaluated before attempting to acquire additional funding. She stated that the demand analysis of the northwest business quadrant is about 50% complete. Gaming Jim Hovis, Director of the Gaming Office, stated that his department is working with the Department of Fire & Emergency Services to develop an annual review for accountability for gaming activities, and it could be implemented in the fourth quarter of FY 2009, depending on the upcoming legislative session. He stated that he participated in and helped to develop the Statewide Charitable Gaming Study. Mr. Hovis noted that Washington County received the highest marks available for its gaming program. RECESS The Commissioners recessed for lunch at 12:25 p.m. CONVENE IN CLOSED SESSION Motion made by Commissioner Aleshire, seconded by Kercheval, to convene in closed session at 1:35 p.m. to discuss the appointment, employment, and/or assignment of appointees, employees, or officials over whom it has jurisdiction; to discuss personnel matters that affect one or more specific individuals; to consider the acquisition of real property for a public purpose and matters directly related thereto; to consult with staff, consultants, or other individuals about pending or potential litigation; and to consult with counsel to obtain legal advice 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 Aleshire, seconded by Baker, to reconvene in open session at 3:43 p.m. Unanimously approved.

In closed session, the Commissioners discussed the appointment, employment, and/or assignment of appointees, employees, or officials over whom it has jurisdiction; discussed personnel matters that affect one or more specific individuals; considered the acquisition of real property for a public purpose and matters directly related thereto; consulted with staff, consultants, or other individuals about pending or potential litigation; and consulted with counsel to obtain legal advice. Present during closed session were Commissioners John F. Barr, Terry L. Baker, Kristin B. Aleshire, and James F. Kercheval. Also present at various times were Gregory Murray, County Administrator; John Martirano, County Attorney; Andrew Wilkinson, Assistant County Attorney; Joni Bittner, County Clerk; Joe Kroboth, Director of Public Works; Rob Slocum, Deputy Director of Public Works; Mac Davis of Davis, Renn & Associates, and representatives from Delta Development. REAPPOINTMENTS MENTAL HEALTH AUTHORITY Motion made by Commissioner Aleshire, seconded by Baker, to reappoint Jennifer Barrett, Connie Pauley, and Susan MacDonald to the Mental Health Authority for three-year terms. Unanimously approved. ADJOURNMENT Motion made by Commissioner Kercheval, seconded by Baker, to adjourn at 3:44 p.m. County Administrator County Attorney County Clerk