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Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make arrangements.
BOARD OF COUNTY COMMISSIONERS
June 6, 2017
Agenda
10:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President Terry L. Baker
APPROVAL OF MINUTES – MAY 23, 2017
10:05 A.M. COMMISSIONERS’ REPORTS AND COMMENTS
10:10 A.M. CITIZENS PARTICIPATION
10:15 A.M. CLOSED SESSION
(To discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation,
removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public
body has jurisdiction; or any other personnel matter that affects one or more specific individuals; to consult
with staff, consultants, or other individuals about pending or potential litigation; and to consult with counsel
to obtain legal advice on a legal matter.)
10:45 A.M. REPORTS FROM COUNTY STAFF
10:50 A.M. SELECTION OF WASHINGTON COUNTY BOARD OF EDUCATION MEMBER
– John Martirano
10:55 A.M. FIRST GRADUATE OF THE DAY REPORTING CENTER, DUSTIN STIPES –
Sheriff Mullendore and Rebecca Hogamier
11:00 A.M. SOUTH COUNTY DEPUTY – Sheriff Mullendore
11:05 A.M. PRESENTATION OF THE THIRD QUARTER ADJUSTMENTS TO
WASHINGTON COUNTY BOARD OF EDUCATION’S FY2017 GENERAL FUND
BUDGET – Chris South, Chief Financial Officer, Wash Co Public Schools
11:10 A.M. REVISIONS TO THE TIP JAR REGULATIONS OF THE OFFICE OF
COMMUNITY GRANT MANAGEMENT – AMENDMENTS – Jim Hovis
11:25 A.M. CONTRACT AWARD – DIVISION OF ENVIRONMENTAL MANAGEMENT;
ENGINEERING SERVICES REQUIREMENTS CONTRACT (PUR-1334) – Rick
Curry and Mark Bradshaw
Terry L. Baker, President
Jeffrey A. Cline, Vice President
John F. Barr
Wayne K. Keefer
LeRoy E. Myers, Jr.
100 West Washington Street, Suite 1101 | Hagerstown, MD 21740-4735 | P: 240.313.2200 | F: 240.313.2201
WWW.WASHCO-MD.NET
Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200 Voice/TDD, to make arrangements.
11:30 A.M. REJECTION OF BIDS – TRANSFER STATIONS SAFETY UPGRADES (PUR-
1347) - Rick Curry and Dave Mason
11:35 A.M. CONTRACT AWARD – DIVISION OF ENVIRONMENTAL MANAGEMENT;
ENGINEERING SERVICES REQUIREMENTS CONTRACT FOR THE
DEPARTMENT OF SOLID WASTE (PUR-1335) – Rick Curry and Dave Mason
11:40 A.M. BID AWARD – TRASH REMOVAL SERVICES AT COUNTY FACILITIES (PUR-
1350) – Rick Curry and John Pennesi
11:45 A.M. RELIEF WITHOUT PREJUDICE FROM CONTRACT AWARD / BID AWARD
(PUR-1342) FIRE SERVICE PERFORMANCE TESTING / INSPECTION OF FIRE
HOSES, FIRE PUMPS, GROUND LADDERS, AND AERIAL DEVICES – Rick
Curry, David Hays and/or Samuel Anderson and/or Jonathan Hart
11:50 A.M. BUDGET TRANSFER FOR DEPARTMENT OF SOLID WASTE – Dave Mason
11:55 A.M. CONVEYANCE OF REAL PROPERTY TO CASCADE TOWN CENTRE
DEVELOPMENT, LLC - Susan Small
12:00 P.M. ADJOURNMENT
Open Session Item
SUBJECT: SELECTION OF WASHINGTON COUNTY BOARD OF EDUCATION
MEMBER
PRESENTATION DATE: June 6, 2017
PRESENTATION BY: John M. Martirano, County Attorney
RECOMMENDED MOTION: Pursuant to Section 3-1301(e)(8) of the Education Article
of the Annotated Code of Maryland, I move to appoint _______ to fill the current vacancy on the
Washington County Board of Education.
REPORT-IN-BRIEF: In accordance with Section 3-1301(e)(7) of the Education Article
of the Annotated Code of Maryland, the Washington County School Board Nominating
Commission was convened on May 9, 2017 to select and recommend to the Board of County
Commissioners no more than three nominees to fill a vacancy on the Washington County Board
of Education.
DISCUSSION: The School Board Nominating Commission (Commission) received eight
applications for the position. The Commission interviewed seven candidates on May 23 and May
24, 2017. A public hearing was held on May 25, 2017 after which the Commission met and
selected Alfred Martin and Linda Murray for consideration for appointment to the Board of
Education by the Board of County Commissioners.
FISCAL IMPACT: None
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Email from Jerry DeWolf, Commission Chair, notifying the Board
of County Commissioners of the nominees selected by the Commission.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Graduation Ceremony of the First Client from the Day Reporting Center,
Dustin Stipes
PRESENTATION DATE: June 6, 2017
PRESENTATION BY: County Commissioners
Sheriff Doug Mullendore
Rebecca Hogamier, DRC Program Director
RECOMMENDED MOTION: N/A
REPORT-IN-BRIEF: County Commissioner recognition of Dustin Stipes, who will be
the first client to graduate from the Day Reporting Center.
DISCUSSION: Dustin Stipes has completed Phase IV of the Day Reporting Center
and is now eligible for sentence modification and after care. He is the first client to
complete all phases of the DRC Program and has been drug free the entire time. He has
been employed since Phase II of the Program and has been a model for the successful
recovery from addiction.
FISCAL IMPACT: N/A
CONCURRENCES: Sheriff Doug Mullendore
Rebecca Hogamier and the entire Day Reporting Center Team
ALTERNATIVES:
ATTACHMENTS:
AUDIO/VISUAL NEEDS:
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: South County Deputy
PRESENTATION DATE:
PRESENTATION BY: Sheriff Doug Mullendore
RECOMMENDED MOTION: Approval of Funding for a South County Deputy
REPORT-IN-BRIEF: The Towns of Sharpsburg and Keedysville have
requested additional coverage for their Towns beyond the normal coverage that the
Sheriff’s Office Patrol Division can provide. These two Towns previously used their tax
offset monies which was supplemented by County Commissioner funding to provide
coverage for these two Towns. When those funds went away, the position for that deputy
also went away. They are requesting the deputy position for the South County area be
restored.
DISCUSSION: Commissioner Wayne Keefer reached out to me a couple of weeks ago
to express interest in funding a South County Deputy at the request of the Towns of
Sharpsburg and Keedysville. I am favorably inclined to assign a deputy to that area if the
County Commissioners agree to fund the position. The Patrol Division is so busy with calls
that it is impossible to assign a current deputy to that area for any length of time. However,
if the position were dedicated to that area, they would not be assigned calls outside of the
area unless it were an emergency.
FISCAL IMPACT: $40,050 salary + $22,736 benefits = $62,786
CONCURRENCES:
ALTERNATIVES: Do nothing and continue to patrol the Towns as we are currently.
ATTACHMENTS:
AUDIO/VISUAL NEEDS:
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Third Quarter Adjustments to Washington County Board of Education’s FY2017
General Fund Budget
PRESENTATION DATE: June 6, 2017
PRESENTATION BY: Chris South, Chief Financial Officer, WCPS
RECOMMENDED MOTION: Move to approve the requested third quarter adjustments to
the Board of Education’s FY2017 General Fund Budget.
REPORT-IN-BRIEF: The Annotated Code of Maryland requires local school systems to
periodically re-forecast their financial needs and make necessary changes to their budgets. To that
end, the Washington County Board of Education approved the attached list of changes to its
FY2017 General Fund Budget at its May 16, 2017 meeting.
DISCUSSION: Several of the changes that the Board of Education approved on May 16th cross
major categories. Therefore, these requested adjustments must also be approved by the Board of
County Commissioners. The Board of Education has asked its Finance staff to review the
requested budget changes with the Commissioners and answer any questions they may have.
FISCAL IMPACT: There is a $453,180 increase to the Board of Education’s fund balance as a
result of these requested budget adjustments.
CONCURRENCES: The Board of Education approved these changes at their June 7, 2016
meeting.
ATTACHMENTS:
Proposed third quarter budget adjustments for the Washington County Board of
Education’s FY2017 General Fund Operating Budget, and
Schedule of cumulative, year-to-date FY2017 budget adjustments, by category.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Category Quarter 1 Quarter 2 Quarter 3 Quarter 4 Full YearRevenue ($389,617) $0 $48,000 ($341,617)Administration 137,530 0 (482,732) ($345,202)Mid-Level Administration 0 (553,390) 0 ($553,390)Instructional Salaries 24,180 (298,470) (994,074) ($1,268,364)Instructional Textbooks and Supplies 86,850 0 (347,365) ($260,515)Other Instructional Costs (20,000) 200,000 342,851 $522,851Special Education 0 250,000 400,000 $650,000Student Personnel Services 0 0 (18,295) ($18,295)Student Health Services 0 (109,390) (64,120) ($173,510)Student Transportation Services (82,552) (200,000) (150,642) ($433,194)Operation of Plant 0 (480,870) (190,000) ($670,870)Maintenance of Plant 62,000 695,575 1,802,837 $2,560,412Capital Outlay (597,625) (5,285) 25,040 ($577,870)School Food Service 0 0 0 $0Fixed Charges 0 501,830 (728,680) (226,850)Undesignated Fund Balance Change $0 $0 $453,180 $0 $453,180Note: An increase in the revenue budget has the same effect as a decrease in the expense budget. They are both positive.Therefore, when adding the column, one must reverse the sign on the requested change in revenue.Washington County Public SchoolsSummary of FY2017 Budget Adjustments by QuarterIncrease/(Decrease)
Note: An increase in the revenue budget has the same effect as a decrease in the expense budget. (They are both positive.) Therefore, when adding the column, one must reverse the sign on the requested change in revenue. Washington County Public Schools Requested Third Quarter FY2017 Budget Adjustments Line Category Increase/ (Decrease) The primary reason for the requested change is: 1 Revenue $48,000 Higher than expected interest income. 2 Administration (482,732)One-time savings related to the release of unused funds previously encumbered for completion of MUNIS software implementation, one-time Deputy Superintendent salary savings, one-time savings from contracted services, and savings from equipment rental. 3 Instructional Salaries (994,074) One-time savings from substitute costs and vacancies. 4 Instructional Textbooks & Supply (347,365)Director requests to transfer funds so that they could be spent from the appropriate category. 5 Other Instructional Costs 342,851Director requests to transfer funds so that they could be spent from the appropriate category. 6 Special Education 400,000 Higher than anticipated non-public placements. 7 Student Personnel Services (18,295)Savings from Additional Pay for Social Workers and lower than expected use of substitutes. 8 Student Health Services (64,120) Savings from school nurse contract, LPNs, and substitute LPNs. 9 Student Transportation Services (150,642)Bus driver shortage, which resulted in one-time salary savings due to driver vacancies, contract drivers, and special education drivers and assistants, offset by higher than budgeted substitutes. 10 Operation of Plant (190,000) Savings from snow removal, vehicle fuel, and propane. 11 Maintenance of Plant 1,802,837To pay for several summertime systemic projects and cover maintenance personnel salary cost that was higher than budgeted. 12 Capital Outlay 25,040 New maintenance shed at CES. 13 Fixed Charges (728,680)One-time savings from State Retirement Agency and lower than budgeted contribution to benefits related to open positions. 14 Net Change in Fund Balance $453,180
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Revisions to the Tip Jar Regulations of the Office of Community Grant
Management
PRESENTATION DATE: June 6, 2017
PRESENTATION BY: James B. Hovis, Director, Office of Community Grant
Management
RECOMMENDED MOTION: Move to approve the revisions to the Tip Jar Regulations of
the Office of Community Grant Management as presented.
REPORT-IN-BRIEF: The Office of Community Grant Management, in consultation with
Budget & Finance, identified a need to increase the cost of a Washington County Gaming Sticker
from $2.00 to $3.00 per 2-part sticker. This increase is necessary to offset the increase in
administrative expenses directly associated with the management of the Charitable Gaming
Program. The increase will also allow the program to remain self-supported with revenues
generated only by those individuals and businesses that choose to participate in the program.
With sales projected to decrease in fiscal year 2018, this increase will result in an additional
$40,000 in administrative revenue collected. The current fee of $2.00 has been effective since
2011.
DISCUSSION: Washington County's Charitable Gaming Program is dependent on
revenues collected in the form of fees to pay for the administrative expenses of the program and
to prevent the need to debit the Gaming Fund. Since the last sticker fee increase in 2011,
operating expenses have increased and total sticker sales have decreased, creating a budget
deficit. Sticker sales have decreased due to tip jar manufacturers producing games with greater
numbers of tickets and greater gross revenues/profit. So while the number to tip jar packets sold
has decreased, the gross profit/revenue to the operators and the Gaming Fund has increased.
In order to allow the program to continue to be self-supportive, it is necessary to increase the fee
for a gaming sticker from $2.00 to $3.00 per sticker. Per State statute, tip jar operators may
deduct the cost of the Gaming Sticker from the gross profit of a tip jar packet for the purposes of
calculating gaming fund taxes due, thereby making the fiscal impact to tip jar operators minimal.
This requirement will result in a reduction of gaming funds collected by approximately $10,000.
The alternative of debiting the Gaming Fund to pay for administrative expenses in excess of fees
collected (as permitted by statute) would reduce the funds available to Fire & Rescue and non-
profits by approximately $40,000. Therefore, the increase in sticker fees is the best option to
minimize the impact to Fire & Rescue Companies and local non-profit organizations while
minimizing the impact to tip jar operators.
2 | Page AGENDA REPORT FORM
FISCAL IMPACT: If approved, the projected fiscal impact based on current sales
figures will be:
OCGM Revenues $40,000 For direct program expenses eliminating the operating deficit.
Gaming Fund Revenues ($10,000) Result of gross profit deduction of $1
For Profit Operators ($72) Annual average w/65 operators
Not-for-Profit Operators ($660) Annual average w/26 operators
Fire/Rescue Operators $0 Fire/Rescue do not pay gaming sticker fees
Temporary Operators ($18) Annual average w/131 operators
CONCURRENCES: CFO, Washington County
ALTERNATIVES: Deny the requested revisions resulting in an approximate $40,000
reduction in Gaming Fund revenues, directly impacting Fire/Rescue and Non-Profits.
ATTACHMENTS: Tip Jar Regulations of the Office of Community Grant
Management (with proposed revisions)
AUDIO/VISUAL TO BE USED: N/A
TIP JAR REGULATIONS
OF THE
OFFICE OF COMMUNITY GRANT
MANAGEMENT
Effective date July 5, 1995.
Revision 1 – November 28, 1995
Revision 2 – August 20, 1996
Revision 3 – October 1, 1996
Revision 4 – March 18, 1997
Revision 5 – November 24, 1998 - (retroactive to July 1, 1998)
Revision 6 – November 2, 1999
Revision 7 – January 22, 2002
Revision 8 – August 26, 2003
Revision 9 – November 30, 2004
Revision 10 – February 15, 2005
Revision 11 – May 2, 2006
Revision 12 – October 23, 2007
Revision 13 – June 10, 2008
Revision 14 - June 14, 2011 - (effective July 1, 2011)
Revision 15 - November 29, 2011
Revision 16 – August 20, 2013
Revision 17 – February 4, 2014
Revision 18 – September 9, 2014
Revision 19 - #########
TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT
MANAGEMENT
i
Table of Contents
Section 1-101. Purpose. ................................................................................................................................................ 1
Section 1-102. Definitions. ........................................................................................................................................... 1
Section 1-103. License eligibility. ................................................................................................................................ 5
Section 1-104. Licensing procedure. ............................................................................................................................ 7
Section 1-105. Tip jar operations. ................................................................................................................................. 9
Section 1-106. Wholesalers’ operations. .................................................................................................................... 10
Section 1-107. Bonding requirement for wholesaler licensees. .................................................................................. 11
Section 1-108. Gaming procedures. ............................................................................................................................ 11
Section 1-109. Wholesaler reporting and deposit requirements. ................................................................................ 12
Section 1-110. Tip jar operator reporting requirements. ............................................................................................. 15
Section 1-111. Conflicts of Interest. ........................................................................................................................... 17
Section 1-112. Washington County Gaming Fund. .................................................................................................... 17
Section 1-113. Enforcement and Penalties. ................................................................................................................ 18
Section 1-114. Rewards. ............................................................................................................................................. 21
Section 1-115. Appeals. .............................................................................................................................................. 22
Section 1-116. Effective dates. ................................................................................................................................... 22
TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT
MANAGEMENT
1
Section 1-101. Purpose.
(a) These Regulations are adopted pursuant to Section 13-2419(a) of the Criminal
Law Article of the Annotated Code of Maryland for the purpose of regulating gaming within
Washington County, Maryland. The purpose of these provisions includes the protection of the
public.
(b) These Regulations shall apply to all permitted tip jar gaming activities in
Washington County, Maryland, except bingo.
(c) If any provision of these Regulations shall be held invalid, its invalidity shall not
affect any of these Regulations that can be given effect without the invalid provision, and for this
purpose, the provisions of these Regulations are declared to be severable.
Section 1-102. Definitions.
All terms used in these Regulations shall have their ordinary meaning unless otherwise
specially defined herein.
In these Regulations, the following terms shall have the meaning indicated:
Board: Board of County Commissioners of Washington County, Maryland.
Bona fide: True, correct, and genuine; in referring to an organization that requires
an actual and primary purpose of carrying out one (1) or more of the types of purposes, or
activities, specified within these Regulations or under State law.
Charitable organization: An institution, association, society, corporation, or
other organization that is organized and operated for a benevolent, educational, philanthropic,
humane or patriotic purpose and solicits or obtains contributions for charitable purposes. It does
not include a political party, political committee, political club, or an agency of the State
government or of a political subdivision, or a volunteer fire or rescue company that is not
authorized to provide fire, rescue, or ambulance service pursuant to §§ 10-401 or 10-402 of the
Code of Public Local Laws for Washington County, Maryland.
Civic organization: A charitable organization organized and operated exclusively
for the promotion of social welfare. An organization is operated exclusively for the promotion of
social welfare if it is primarily engaged in promoting in some way the common good and general
welfare of the people of the community. A civic organization is operated primarily for the
purpose of bringing about civic betterments and social improvements.
Commission: Washington County Gaming Commission.
TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT
MANAGEMENT
2
County: Washington County, Maryland.
County Agency: The Office of Community Grant Management, the entity
designated by the Board of County Commissioners of Washington County to issue, approve, and
review licenses. The Office of Community Grant Management shall administer these
Regulations under the direction of the Board of County Commissioners of Washington County.
County Treasurer: Treasurer of Washington County, Maryland.
Flare: A written statement of the number of tickets and prizes contained in a tip
jar packet and the winning numbers, colors and symbols.
Fraternal Organization:
(1) Any organization that:
(i) Is conducted solely for the benefit of its members and its
beneficiaries;
(ii) Is operated on a lodge system with a ritualistic activity; and
(iii) Has a representative form of government;
(2) Includes a sororal organization; and
(3) Does not include:
(i) Any college or high school fraternity or sorority; or
(ii) Any other fraternal or sororal organization, the membership of
which is restricted wholly or largely to students or graduates of an
educational institution or a professional school.
Fund: Washington County Gaming Fund.
Gaming: Participating in or conducting a game of chance for which prizes are
awarded in cash or merchandise using a gaming device which is regulated by Criminal Law
Article, Section 13-2419(a) of the Annotated Code of Maryland.
Gaming device: Includes, but is not limited to, a tip jar, punch board, or other
device in which a series of numbers or other symbols is obtained for consideration by the
selection of a sealed piece of paper that may entitle the purchaser of the number or numbers or
symbol to a payoff in cash or other manner immediately upon receipt or as a result of a
subsequent announcement of a winning number or numbers or other symbol or any other device
commonly recognized as a tip jar. A gaming device does not include the game of bingo.
Gaming event: Any bazaar, carnival, or other event or activity where gaming
takes place or occurs.
TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT
MANAGEMENT
3
Gaming sticker: A sticker issued by the County Agency and required to be
affixed to a tip jar packet and the face of the seal card before the tip jar packet and seal card are
sold.
Good moral character: Determinations of good moral character shall be made on
an individual basis. However, an individual will not be considered to be of good moral character
if that person has been found guilty, entered a guilty plea, or has a nolo contendere plea accepted
for any crime which is a felony in the State of Maryland or a misdemeanor involving any gaming
or gambling law, except a misdemeanor in Maryland in regard to the operation of a tip jar before
October 1, 1995, regardless of the final disposition of the criminal case.
Gross profits: The total proceeds received from the operation of a tip jar less the
total amount of prizes or money winnings distributed and the cost of a Gaming Sticker. The
amount of prizes or money winnings distributed shall be determined by the manufacturer’s
description of the game. Gross profits of a tip jar are earned when the tip jar packet is purchased
by the tip jar operator.
Immediate family member: Immediate family member shall mean father, mother,
stepfather, stepmother, father-in-law, mother-in-law, son, son-in-law, daughter, daughter-in-law,
brother, brother-in-law, sister, sister-in-law, stepson, stepdaughter, grandchild.
Jackpot tip jar: A tip jar in which the seal card contains two seals, so that when
the numbers contained beneath the seals do not match, a portion of the revenue goes into a fund
or jackpot. If the numbers contained beneath the seals match, the person holding the winning
number is entitled to the amount of money accumulated in the fund or jackpot.
Law enforcement officer: An individual who, in an official capacity, is authorized
to make arrests and is a member of one of the law enforcement agencies set forth in Md. Code,
Public Safety Article, §3-101(e)(1)(ii).
Office: A place of business within the County consisting of actual, active
working space, staffed at least part-time; not merely a post office box and/or telephone number.
Operator: Individual or entity conducting or operating the gaming event.
Person: An individual, corporation, partnership, limited partnership, limited
liability limited partnership, business trust, limited liability company, unincorporated association,
or other legal entity.
Proceeds: Total receipts received from the operation of a tip jar.
Progressive Tip Jar: A tip jar in which the seal card contains two seals, so that
when the numbers contained beneath the seals do not match, a portion of the revenue goes into a
fund or jackpot. If the numbers contained beneath the seals match, the person holding the
winning number is entitled to the amount of money accumulated in the fund or jackpot.
TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT
MANAGEMENT
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Religious organization: An organization operated and organized to promote any
church, religious society or congregation of any sect, order or denomination.
Seal card: The card or other paper that identifies the winning number or other
symbol and that determines the prize payout of the tip jar game when the seal is opened or
removed.
State: State of Maryland.
Statute: Section 13-2419(a) of the Criminal Law Article of the Annotated Code
of Maryland, as amended from time to time.
Tip jar: A gaming device from which a number or series of numbers or other
symbol is obtained for consideration by selection of a sealed piece of paper that may entitle the
purchaser of the number or numbers or other symbol to a payoff in cash or other manner
immediately upon receipt or as a result of a subsequent announcement of a winning number or
numbers or other symbol or any other device commonly recognized as a tip jar, including but not
limited to a punch board and a tip board.
Tip jar packet: A package containing tips to be sold by way of a tip jar sufficient
for a single tip jar game.
Tip jar license: A license issued by the County Agency that permits a person to
operate a tip jar at a specific location within the County.
Veterans’ organization: An organization whose membership consists primarily
of persons who have served in the armed forces of the United States and their spouses, widows,
widowers, and relatives eligible for membership. The primary purpose of the organization must
be one (1) or more of the following:
(1) To provide service or assistance to veterans, members of the armed forces
and their spouses and dependents;
(2) To promote the social welfare of the community;
(3) To perpetuate the memory of deceased veterans and members of the
armed forces;
(4) To conduct charitable, educational or patriotic services; or
(5) To provide social and recreational activities for its members.
Volunteer fire company: Community entity providing volunteer services within
the County for fire protection including, but not limited to, first-response medical assistance, and
TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT
MANAGEMENT
5
authorized by the Board to provide fire service pursuant to §§ 10-401 or 10-402 of the Code of
Public Local Laws for Washington County, Maryland, or any entity affiliated with such an
organization.
Volunteer rescue company: Community entity providing volunteer services
within the County for rescue and/or ambulance services and authorized by the Board to provide
rescue or ambulance service pursuant to §§ 10-401 or 10-402 of the Code of Public Local Laws
for Washington County, Maryland, or any entity affiliated with such an organization.
Office of Community Grant Management: The Office of Community Grant
Management and any employee of the office designated by the Director to perform any act in
furtherance of these Regulations and/or the Statute.
Wholesaler: A person who sells or wholesales for profit tip jar packets within the
County.
Wholesaler’s license: A license issued by the County Agency which permits a
person to sell or wholesale for profit tip jar packets in the County.
Section 1-103. License eligibility.
(a) A person is not eligible to hold an annual tip jar operator’s license or a temporary
tip jar operator’s license if the person:
(1) Has been convicted of a misdemeanor involving any gambling or gaming
law of the State, or a felony;
(2) Owes taxes to the State, County, or a municipal corporation in the County;
(3) Unless allowed under the Statute, holds a wholesaler’s license;
(4) Has had a tip jar operator’s license or wholesaler’s license revoked;
(5) Is an organization (A) whose designation, approval, or recognition to
provide fire, rescue, or ambulance service pursuant to § 10-401 of the Code of Public Local
Laws for Washington County, Maryland, has been withdrawn or revoked; (B) who has been
directed to cease operations by the Board pursuant to § 10-402 of the Code of Public Local Laws
for Washington County, Maryland; or (C) or entity affiliated with an organization identified
under A or B; or
(6) Owes any proceeds, fines, or fees to the County Agency.
(b) The following persons, if otherwise eligible, may be issued an annual tip jar
operator’s license:
TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT
MANAGEMENT
6
(1) A volunteer fire company;
(2) A volunteer rescue company;
(3) A religious, fraternal, civic, veterans, or bona fide charitable organization;
(4) A sportsmen’s association that is exempt from taxation under Section 501
of the Internal Revenue Code and approved by the Board;
(5) A restaurant for which an alcoholic beverages license has been issued;
(6) A tavern for which an alcoholic beverages license has been issued; or
(7) A holder of a Class A beer, wine and liquor license.
(c) A temporary tip jar operator’s license may be issued to a nonprofit organization,
which is otherwise eligible, which desires to raise money for an exclusively charitable, athletic,
or educational purpose which meets the requirements for a charitable contribution under Section
170(c) of the Internal Revenue Code. The purpose may not be to benefit any of the following
organizations:
(1) A law enforcement agency or law enforcement fraternal organization;
(2) A political club, committee, or party; or
(3) An agency of the State government or of a political subdivision of the
State, except:
(i) an ambulance, firefighting, or rescue squad; or
(ii) a primary school, secondary school, or college.
(d) An off-premises tip jar operator’s permit may be issued to the holder of an annual
tip jar operator’s license for the operation of a tip jar at a special event at a location other than the
licensee’s business premises.
(e) To be eligible for a wholesaler’s license, a person must satisfy the following
requirements:
(1) Have had an established place of business in the County for at least three
(3) years preceding the date of the application as evidenced by the filing of
personal property tax returns; except that a volunteer fire company or a
volunteer rescue company must have been established in the County for at
least one (1) year preceding the date of the application;
TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT
MANAGEMENT
7
(2) Not have been convicted of a misdemeanor involving any gambling or
gaming law of the State or any felony;
(3) Be of good moral character;
(4) Except for a volunteer fire company or a volunteer rescue company, must
not hold a tip jar operator’s license, own a controlling interest in a legal
entity that holds a tip jar operator’s license, or be an immediate family
member of a person holding a tip jar operator’s license or owning a
controlling interest in a legal entity holding a tip jar operator’s license;
(5) Not owe taxes to the State, County, or a municipal corporation in the
County;
(6) Not have had a tip jar operator’s license or wholesaler’s license revoked;
and
(7) Not be a legal entity, 50% or more of whose stockholders, members,
principals or persons with interests in the entity are holders of tip jar
licenses.
Section 1-104. Licensing procedure.
(a) To obtain a wholesaler’s license, annual tip jar operator’s license, or a temporary
tip jar operator’s license, a person must:
(1) Submit to the County Agency a license application on a form prescribed
by the County Agency and pay to the County Treasurer the appropriate
license issuance fee.
(2) Demonstrate satisfaction of license eligibility requirements by providing
copies of an Internal Revenue Service determination letter; alcoholic
beverages license; Class A beer, wine and liquor license; personal
property tax returns; certificates of good standing; corporate or other
charters; and/or such other documents as the County Agency may
reasonably require;
(3) Execute an affidavit to establish the absence of a disqualifying criminal
record;
(4) In the case of an application for wholesaler’s license only, submit a surety
bond as required by Section 1-107; and
(5) In the case of an individual applicant, submit to fingerprinting; in the case
of a partnership applicant, cause the general partners to be fingerprinted;
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in the case of all other applicants, cause the officers of the applicant to be
fingerprinted; and in addition, cause such other individuals as the County
Agency may require who are involved in the operation of a tip jar to be
fingerprinted. The Agency may, in its sole discretion, waive any and all
fingerprinting requirements.
(b) The County Agency shall review the application and grant or deny the applicable
license.
(1) In reviewing the application and supporting documents, the County
Agency shall determine if the applicant meets the requirements of the
Statute and these Regulations and may obtain a criminal records check
from the Criminal Justice Information System Central Repository of the
State Department of Public Safety and Correctional Services, as well as
refer the application to the Sheriff of Washington County for a criminal
background investigation.
(2) The application, its supporting documents, and the documents produced
and received by the County Agency in processing the application are
matters of public record.
(c) Licenses are not transferable.
(d) Applications for renewal of annual tip jar operator’s licenses and wholesaler’s
licenses must be submitted to the County Agency no later than June 15 immediately following
the effective date of the outstanding license.
(e) A temporary tip jar operator’s license and an off-premises tip jar operator’s permit
may be issued for a period not to exceed nine (9) days. No more than four (4) licenses or permits,
as the case may be, may be issued to an applicant during the twelve-month period from July 1
through June 30, except upon a showing by the applicant of special circumstances which shall be
determined by the County Agency.
(f) The fee for an annual tip jar operator’s license shall be:
(1) Two hundred fifty dollars ($250.00) if the license is issued between July 1
and December 31.
(2) One hundred twenty-five dollars ($125.00) if the license is issued on or
after January 1.
(g) The annual fee for a wholesaler’s license shall be five hundred dollars ($500.00),
except for a volunteer fire company licensee and a volunteer rescue company licensee, for which
the fee is waived.
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(h) The fee for a temporary tip jar operator’s license shall be thirty dollars ($30.00)
per license.
(i) License fees are not refundable after a license has been issued.
(j) There shall be no fee for an off-premises tip jar operator’s permit.
Section 1-105. Tip jar operations.
(a) No person may operate a tip jar in the County unless that person holds a current
tip jar operator’s license (either annual or temporary) issued to that person by the County
Agency.
(b) A holder of an annual tip jar operator’s license may only operate a tip jar if the
operation is on the premises of the holder during normal business hours, unless the holder has
been issued an off-premises permit in which event the holder may also operate a tip jar at the
location and during the times specified in the permit.
(c) No person, business, or organization licensed to sell tip jars in Washington
County may own or possess a tip jar, tip jar packet, or a seal card to which a gaming sticker has
not been affixed.
(d) No person may purchase a tip jar or tip jar packet which does not have a gaming
sticker affixed to it.
(e) No person may purchase a tip jar or a tip jar packet except from a holder of a
current wholesaler’s license issued by the County Agency.
(f) The holder of an annual tip jar operator’s license or a temporary tip jar operator’s
license may award prizes in cash or merchandise.
(1) The total amount of cash prizes shall be equal to the amount of the payout
stated or prescribed for the tip jar by its manufacturer.
(2) The total value of merchandise (non-cash) prizes awarded shall not be less
than 80% of the amount of the payout stated or prescribed for the tip jar by
its manufacturer.
(g) A restaurant, tavern, or holder of a Class A beer, wine or liquor license which
holds an annual tip jar operator’s license shall pay fifty percent (50%) of the Gross profits (as
defined in Section 1-102) from each tip jar game to the wholesaler at the time of purchasing the
tip jar packet for deposit by the wholesaler to the credit of the Fund.
(h) A fraternal, civic, veterans, or bona fide charitable organization or sportsmen’s
association which holds an annual tip jar operator’s license shall pay fifteen percent (15%) of the
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Gross profit (as defined in Section 1-102) each tip jar game to the wholesaler at the time of
purchasing the tip jar packet for deposit by the wholesaler to the credit of the Fund.
(i) For all purposes under these Regulations, including calculation of gross profits,
the value of merchandise awarded as a prize shall be the cost of the merchandise to the tip jar
licensee.
(j) An organization that has operated a tip jar under a temporary tip jar operator’s
license and then disbands shall transfer any remaining proceeds from the operation of a tip jar to
the Fund.
(k) No person, organization, or tip jar operator (temporary or annual) may sell, or
offer for sale, a tip jar packet, tip jar ticket, or any other gaming device on property owned by the
Board of Education of Washington County, Maryland.
Section 1-106. Wholesalers’ operations.
(a) No person may sell or wholesale for profit a tip jar packet in the County unless
that person holds a current wholesaler’s license issued to that person by the County Agency.
(b) No person to whom a wholesaler’s license has been issued, except a volunteer fire
company or a volunteer rescue company, may hold a tip jar operator’s license (annual or
temporary).
(c) A holder of a wholesaler’s license may not sell or distribute a tip jar or a tip jar
packet to any person who does not hold a current tip jar operator’s license (annual or temporary).
(d) Before selling a tip jar packet, a holder of a wholesaler’s license shall obtain a
two-part gaming sticker from the County Agency and affix the gaming sticker to the tip jar
packet and corresponding seal card. The gaming sticker is a two-part bar-coded label; Part B
must be affixed to the tip jar packet, and Part A must be affixed to the corresponding seal card
for that packet. The seal card shall also be imprinted with the manufacturer’s serial number for
the corresponding tip jar packet before the tip jar packet is sold by the holder of a wholesaler’s
license.
(e) Before distributing a replacement seal card for use with a tip jar packet, the
original seal card for which has become defective, the holder of a wholesaler’s license shall
obtain a single replacement gaming sticker from the County Agency and affix the gaming sticker
to the replacement seal card.
(f) The holder of a wholesaler’s license shall pay to the County Agency a fee for
each Gaming Sticker as follows:
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(1) TwoThree dollars ($23.00) per two-part Gaming Sticker (Bar Code
Gaming Label “A” and Bar Code Gaming Label “B”).
(2) Fifty cents ($0.50) per single replacement Gaming Sticker (Gaming Label
“C”). The cost of a replacement sticker will not affect the gross profit
calculation.
(g) The following applies when a licensed wholesaler sells or distributes a tip jar
packet that is played in a manner defined in these Regulations as “progressive” or “jackpot.” The
tip jar packet must be packaged and shipped to the operator so that no person is aware of, or may
detect which tip jar packet contains the matching seal card. The matching seal cards must be
placed at random and without a pattern by the wholesaler.
Section 1-107. Bonding requirement for wholesaler licensees.
(a) As a condition for obtaining a wholesaler’s license, an applicant shall be required
to post a bond on a form prescribed by the County Agency to assure the faithful performance by
the holder of a wholesaler’s license of all financial obligations of the holder to the Board.
(b) The principal amount of the bond shall be determined by the County Agency but
shall not be less than thirty thousand dollars ($30,000) and shall not be greater than twice the
amount of the highest monthly deposit owed to the Fund by the holder of the wholesaler’s
license for gross profits collected on sales of tip jar packets. The principal amount of the bond
may be adjusted quarterly by the County Agency.
(c) A volunteer fire company or volunteer rescue company holding a wholesaler’s
license which certifies in writing that it will not sell tip jar packets to restaurants or taverns for
which an alcoholic beverage license has been issued or to holders of a Class A beer, wine and
liquor license shall not be required to post a bond.
Section 1-108. Gaming procedures.
(a) A tip jar packet with an illegible serial number or other defect shall be returned to
the wholesaler licensee and accounted for on the wholesaler licensee’s reports. Tips jar tickets
from such a tip jar packet shall not be sold.
(b) A tip jar shall be operated in accordance with the instructions or directions
appearing on the manufacturer’s flare or insert. All winning tickets, both “holders” and
“paybacks” as indicated by the insert or flare, shall be valid for redemption by the operator for a
period of at least 30 days after the closing date of the tip jar packet.
(c) The seal card shall not be tampered with or altered in any way.
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(d) The seal card shall be displayed prominently with its corresponding tip jar during
the sale of the tip jar. The seal card shall be imprinted with the manufacturer prescribed payout
for the tip jar and shall show the serial number of the tip jar packet. After the complete sale of
each tip jar, the seal card shall be retained pursuant to these Regulations and the Statute.
(e) All tip jar packets opened and available for sale must be entered on the tip jar
licensee’s log showing the serial number, sticker number, gross receipts, winning holders and the
value of any merchandise (non-cash) prizes.
(f) Only merchandise (non-cash) prizes may be awarded for punchboards and tip
boards (tear strips) having a gross profit of fifty dollars ($50.00) or less. If the gross profit
exceeds fifty dollars ($50.00), gaming funds will be collected in accordance with Section 1-105
(g) and (h). Invoices or sales receipts for merchandise (non-cash) prizes shall be retained by the
tip jar license operator and shall be determinative of the value of such prizes.
(g) All tip jar packets and related material located on the premises of the holder of a
tip jar operator’s license or otherwise in the possession of a tip jar licensee shall be made
available for inspection by the County Agency or its agent (including a law enforcement officer)
upon request.
Section 1-109. Wholesaler reporting and deposit requirements.
(a) Each holder of a wholesaler’s license shall submit to the County Agency no later
than the 15th day of each month in a format prescribed by the County Agency the following
information for each tip jar packet sold to a holder of a tip jar operator’s license during the
preceding month:
(1) Wholesaler’s license number;
(2) Date tip jar packet sold;
(3) Gaming sticker number;
(4) Serial number of the tip jar packet;
(5) Name of tip jar game;
(6) Size, or number of tickets in the tip jar packet;
(7) Gross revenue of the tip jar packet;
(8) Gross profit of tip jar packet;
(9) Amount of gaming fund tax collected; and,
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(10) Tip jar license number of the business or organization the tip jar packet
was sold to.
(b) At the time of sale of each tip jar packet, a wholesaler shall collect from the tip jar
operator and deposit with the County Agency to the credit of the Fund the portion of gross
profits prescribed in subsections (g) and (h) of Section 1-105.
(c) Tip jar deposits shall be made as follows:
(1) Each holder of a wholesaler’s license shall deposit with the County
Agency on the fifteenth day of each month the total collections received
from tip jar licensees under subsection (b) of this Section during the period
commencing on the first day of the month and ending on the fourteenth
day of the month.
(2) Each holder of a wholesaler’s license shall deposit with the County
Agency on the first day of each month the total collections received from
tip jar licensees under subsection (b) of this Section during the period
commencing on the fifteenth day of the preceding month and ending on
the last day of the preceding month.
(3) If the date on which a deposit is required to be made with the County
Agency under subsections (c)(1) and (c)(2) is a Saturday, Sunday, or a
holiday observed by the closing of the County Agency’s office, then the
deposit shall be made on the next business day when the County Agency’s
office is open.
(4) Late deposit of collections with the County Agency is grounds for
suspension or revocation of the wholesaler’s license.
(d) All reports required by these Regulations to be submitted to the County Agency
by a holder of a wholesaler’s license shall be made electronically in a format prescribed by the
County Agency. The reports shall contain information necessary to properly track and record tip
jar sales as determined by the County Agency.
(e) The tip jar packet shall not be sold or distributed unless it has been approved in
writing by the County Agency. Before selling or distributing a tip jar packet in the County, a
holder of a wholesaler’s license shall submit to the County Agency for approval:
(1) A copy of the flare or insert relating to the tip jar packet which has been
prepared by the manufacturer of the tip jar packet, or
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(2) Where no flare or insert has been prepared by the manufacturer of the tip
jar packet, a written statement prepared by the wholesaler containing the
following information about the tip jar packet:
(i) description of game;
(ii) number of cards and cost of each card;
(iii) pay out scale;
(iv) gross profit; and
(v) suggested bonus award where applicable.
(f) The use of electric or electronic tip jar dispensing machines may be permitted for
use, placement, possession, and sale, by a licensed tip jar wholesaler, in or on the premises of a
licensed tip jar operator, under the following conditions:
(1) The dispensing device is approved in writing by the County Agency prior
to the use, placement, possession or operation of the device.
(2) The tip jar tickets dispensed by the device are preprinted by the tip jar
manufacturer prior to being placed or loaded within the device.
(3) The device is not capable of printing upon or altering a tip jar ticket after
the tip jar tickets are placed or loaded into the device.
(4) The device does not utilize a random number generator, random number
shuffler, or similar method to display, print, or dispense a tip jar ticket.
(5) The device does not deceive the player, by its appearance, that the device
is, or operates in the same or similar manner as a slot machine as defined
by Title 12 of the Criminal Law Article of the Annotate Code of
Maryland.
(6) The device is designed, manufactured, and operated in a manner, which
allows the County Agency to inspect and audit the device to confirm
compliance with State Statute and County Regulations.
(7) The device is not controlled, or capable of being manipulated, reset, or
adjusted by a remote computer server or any similar method.
(g) The use of electric or electronic tip jar dispensing devices will not be permitted in
conjunction with an off-premises license issued by the County Agency. A device, which has
been approved for use, can only be operated on or within the premises for which a tip jar
operator’s license has been issued. Temporary tip jar license holders are not permitted to operate
or utilize electric or electronic tip jar dispensing devices in conjunction with any licensed gaming
event.
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(h) All financial and other records of each holder of a wholesaler’s license shall be
retained by the licensee for five (5) years.
(i) Each holder of a wholesaler’s license shall make available upon request by the
County Agency for inspection and/or audit by the County Agency or its agent (including a law
enforcement officer) or auditor all of the licensee’s financial and other records relating to the sale
or wholesale for profit of tip jar packets in the County.
Section 1-110. Tip jar operator reporting requirements.
(a) No later than thirty (30) days after March 31, June 30, September 30, and
December 31 of each year, each holder of an annual tip jar operator’s license shall submit to the
County Agency, on forms or electronically in a format prescribed by the County Agency, the
following information for each tip jar operated by the holder of the annual tip jar operator’s
license during the three (3) months ending on March 31, June 30, September 30, and December
31, as the case may be (“Quarterly Report”):
(1) Serial number of the gaming stickers affixed to the tip jar packet;
(2) Serial number of the tip jar packet;
(3) Description of the tip jar game;
(4) Size of jar or number of tickets in a tip jar packet;
(5) Date on which the tip jar game ended;
(6) Tip jar winning number; and
(7) Initials of the person recording the tip jar packet.
(b) Each holder of a temporary tip jar operator’s license shall submit to the County
Agency upon request and no later than ten (10) business days after the date of expiration of each
license on forms or electronically in a format prescribed by the County Agency the following
information, as applicable, for each tip jar operated by the holder of the temporary tip jar
operator’s license during the period of the license and for each tip jar packet in the possession of
the license holder at the expiration of license which had not been operated or from which tips
had not been offered for sale (“Temporary License Report”):
(1) Serial number of the gaming stickers affixed to the tip jar packet;
(2) Serial number of the tip jar packet;
(3) Description of the tip jar game;
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(4) Size of jar or number of tickets in a tip jar packet;
(5) Date on which the tip jar game ended;
(6) Tip jar winning numbers; and
(7) Initials of the person recording the tip jar packet.
In addition, the original temporary license shall be returned to the County Agency with
the Temporary License Report.
(c) In addition to the information required to be reported under subsections (a) and
(b) above and upon request, if a merchandise prize is awarded for a tip jar game, the merchandise
prize shall be identified by description and value of the merchandise prize in the miscellaneous
or comment column of the reporting form. (The value of merchandise prizes shall be the cost of
the merchandise prize(s) to the tip jar operator licensee.)
(d) Quarterly Reports and Temporary License Reports may be submitted by hard
copy or in electronically in a format prescribed by the Agency.
(e) Any punchboards, tip boards or tear strips with a gross profit of fifty dollars
($50.00) or less must be included on quarterly and temporary tip jar reports and be reported in
the same manner as a tip jar packet.
(g) Each holder of a tip jar operator’s license (annual or temporary) shall make
available upon request by the County Agency for inspection and/or audit by the County Agency
or its agent (including a law enforcement officer) or auditor all of the licensee’s financial and
other records relating to the operation of tip jars by the licensee.
(h) All financial and other records of each holder of a tip jar operator’s license
(annual or temporary), except seal cards, shall be retained by the licensee for five (5) years.
Every seal card shall be retained by the licensee until the expiration of six (6) months following
the last day of the month in which the tip jar operator submits the Quarterly Report (see Section
1-110 (a)) or the Temporary License Report (see Section 1-110 (b)) in which the tip jar to which
the seal card relates is reported as having been operated.
(i) The County Agency shall send an agent (including a law enforcement officer) to
inspect periodically the premises of holders of tip jar operator’s licenses (annual or temporary) to
ensure compliance with the Statute and these Regulations.
(j) All reports submitted under this section shall include a written statement signed
by the individual making the report in which the individual solemnly affirms under the penalties
of the Statute and these Regulations and under the penalty of perjury that the contents of the
report are true to the best of the individual’s knowledge, information, and belief.
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Section 1-111. Conflicts of Interest.
(a) Members of the Washington County Gaming Commission shall be appointed and
serve in accordance with Article 13, Section 2416, Criminal Law Article, Annotated Code of
Maryland.
(b) Commission members that serve on the Board of Directors or hold a position as
an officer of an organization that makes application to the Gaming Commission for funding
shall recuse themselves from any discussions, funding decisions, or votes concerning the
organization in conflict. The member may not attempt to influence the decisions of other
Gaming Commission members and the membership shall disregard any comments made by the
member in conflict during or outside of any formal meeting of the Commission.
(c) Whenever a conflict of interest arises, the official minutes of the meeting shall
reflect the conflict and the recusal of the member in conflict. Any such recusals shall be
recorded on a conflict of interest log kept and maintained by the Office of Community Grant
Management.
(d) A Commission member who fails to report a conflict of interest shall be reported
to the appointing body of government and any disciplinary action will be consistent with
Washington County’s, Maryland Ethics Ordinance, ORD-2011-20.
Section 1-112. Washington County Gaming Fund.
(a) A Washington County Gaming Fund is established.
(b) Deposits that are made by holders of wholesaler’s licenses pursuant to Section 1-
109 shall be made to the credit of the Fund.
(c) The Commission may use money in the Fund to reimburse the Board for the costs
to the County for administering the Statute and these Regulations in accordance with a written
agreement between the Board and the Commission.
(d) The Commission shall distribute, after reimbursement, if any, to the Board of the
costs incurred by the Board in administering the Statute and these Regulations:
(1) Once each year, in August, and any other time deemed necessary by the
Commission, fifty percent (50%) of the monies deposited in the Fund to
bona fide charitable organizations in the County subject to the restrictions
of these Regulations; and
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(2) Twice each year, in July and January, and any other time deemed
necessary by the Commission, fifty percent (50%) of the monies deposited
in the Fund to the Washington County Volunteer Fire and Rescue
Association.
(e) Bona fide charitable organizations in the County requesting contributions from
the Fund may submit applications to the Commission on forms prescribed by the Commission in
May of each year and at any other time deemed necessary by the Commission. The Commission,
thereafter, shall hold an open meeting to discuss each application.
(f) The following charitable organizations are eligible to receive distributions from
the Fund:
(1) Those organizations approved by the Board as organizations to which the
Board may contribute bi-annually in accordance with Section 1-108 of the
Code of Public Local Laws of Washington County, Maryland; and
(2) Bona fide charitable organizations in the County approved by the
Commission in accordance with the following criteria:
(i) The organization is a bona fide charitable entity and is recognized
as such under existing tax codes;
(ii) The organization is located in Washington County;
(iii) With the exception of the United Way, the organization is not an
umbrella organization made up of two or more member agencies;
(iv) The organization demonstrates that it is properly organized and
well managed;
(v) The organization’s goals and objectives are directed toward
improving the quality of life in Washington County; and
(vi) The organization does not practice discrimination by age, race,
creed, sex, color, national origin, or disability.
Section 1-113. Enforcement and Penalties.
(a) Licensing.
(1) If the County Agency makes a preliminary determination that an applicant
for a license will not be granted a license, the applicant shall first be given
an opportunity for a hearing in accordance with Title 10, Subtitle 2 of the
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State Government Article of the Annotated Code of Maryland before any
proposed adverse action becomes final. The County Agency shall notify
the applicant in writing of the proposed denial and of the applicant’s right
to a hearing.
(2) If the applicant does not submit to the County Agency a written request
for a hearing within fifteen (15) days after receipt of notice of the
preliminary determination, the application for license shall be denied and
no license shall be issued.
(3) If a hearing is requested by an applicant, the hearing shall be conducted by
the Office of Administrative Hearings in accordance with COMAR Title
28, Subtitle 02, except as provided otherwise in these Regulations.
(4) An applicant for a license shall have the burden of proving by clear and
convincing evidence that the applicant is eligible for and entitled to a
license.
(5) If an applicant is denied a license by the County Agency and no hearing
on the denial is held, fifty percent (50%) of the license fee which was paid
at the time of the filing of the application shall be refunded to the
applicant. If a hearing is held on the denial of a license, no part of the
license feel shall be refunded.
(b) Violations.
(1) The County Agency, or its authorized agent (including a law enforcement
officer), is authorized to cite all civil violations of the Statute and these
Regulations in accordance with Title 10, Subtitle 2 of the State
Government Article of the Annotated Code of Maryland and seize any and
all illegal gaming devices.
(2) A licensee who has been cited by the County Agency for violation of the
Statute and/or these Regulations shall have an opportunity for a hearing in
accordance with Title 10, Subtitle 2 of the State Government Article of the
Annotated Code of Maryland before an administrative law judge of the
Maryland Office of Administrative Hearings.
(3) The County Agency shall give a licensee written notice of the alleged
violation(s), of the proposed penalties, and of the licensee’s right to a
hearing if requested within fifteen (15) days.
(4) If the licensee does not submit to the County Agency a written request for
a hearing to contest the alleged gaming law violations and/or the proposed
penalty within fifteen (15) days of receipt of the County Agency’s notice,
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the citation shall be sustained and the finding of violation(s) and the
proposed administrative penalties shall become final.
(5) If a timely written request for a hearing is made by the licensee, a hearing
shall be held within sixty (60) days after receipt of the licensee’s request
before an administrative law judge of the Office of Administrative
Hearings, who shall state on the record findings of fact and conclusions of
law.
(6) All hearings before an administrative law judge shall be conducted in
accordance with the rules of procedure contained in COMAR Title 28,
subtitle 02. The County Agency shall be represented by the County
Attorney or designee.
(7) The County Agency shall have the burden of proving violations by a
preponderance of the evidence.
(8) The determination of the administrative law judge is a final decision for
the purpose of judicial review of a final decision in a contested case under
Section 10-222 of the State Government Article of the Annotated Code of
Maryland. Judicial review of disputed issues of fact shall be confined to
the record for judicial review, unless the fines exceed $5,000.00 in which
case judicial review shall be de novo.
(i) There shall be no pretrial discovery under Chapter 400 of Title 2 of
the Maryland Rules in de novo judicial review, and the court shall
conduct the de novo proceeding without a jury.
(ii) The court shall conduct the de novo proceeding in an informal
manner in accordance with the rules of procedure applicable to the
hearing before the administrative law judge.
(9) The following penalties may be imposed for violations of the Statute
and/or the Regulations:
(i) For a first offense, denial or suspension of the person’s tip jar
license or wholesaler’s license and a civil fine not to exceed one
thousand five hundred dollars ($1,500.00); and
(ii) For a subsequent offense:
(a) A civil fine not exceeding five thousand dollars
($5,000.00); and
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(b) Revocation of the person’s tip jar operator’s license or
wholesaler’s license.
(c) A license may be denied, suspended, or revoked if an
applicant makes a materially false statement on or
fraudulently completes or submits a license application or
any other document submitted to the County relating to tip
jar operations.
(10) Action by County Agency.
(i) In addition to the penalties set forth above for a subsequent
offense, if the licensee also has a liquor license, the County
Agency may recommend to the Board of License Commissioners
that the licensee’s liquor license be suspended for not less than
fifteen (15) days.
(ii) If applicable, the County Agency shall notify the Board of License
Commissioners of the County of a violation of the Statute or of
these Regulations for the Board of License Commissioners’
consideration under Article 2B, Section 56(b)(9) of the Annotated
Code of Maryland.
(11) Fines collected under this subsection shall be credited to the general fund
of the County.
(12) A person whose tip jar operator’s license or wholesaler’s license is
revoked may not be issued another tip jar operator’s license or
wholesaler’s license in the County.
(13) The penalties imposed in this section are in addition to all others imposed
by law.
(14) Nothing in this section precludes charging applicants for licenses or
licensees with criminal violations of the Annotated Code of Maryland.
Section 1-114. Rewards.
A reward in an amount not to exceed one thousand dollars ($1,000.00) may be given
anonymously by the Board to individuals who provide information leading to the arrest of
individuals for violations of the Statute and/or these Regulations, whenever in the Board’s
judgment the nature and character of the offense warrants a reward.
A reward in an amount not to exceed 10% of the fines assessed, may be given
anonymously by the Board to individuals who provide information leading to the imposition of
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MANAGEMENT
22
civil penalties under the Statute and/or these Regulations, whenever in the Board’s judgment the
nature and character of the offense warrants a reward.
Section 1-115. Appeals.
An administrative law judge’s final decision involving an applicant for a license or a
licensee may be appealed in accordance with Title 7, Chapter 200 of the Maryland Rules of
Procedure.
Section 1-116. Effective dates.
The effective date of these Regulations relating to Gaming is July 5, 1995.
I:\Documents\Gaming\Gaming licensing regulations amendments\REG\Regulations - Revision 19 (Draft - redlined).docx
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Contract Award / PUR-1334 – Division of Environmental Management
- Engineering Services Requirements Contract
PRESENTATION DATE: June 6, 2017
PRESENTATION BY: Rick Curry, CPPO, Buyer - Purchasing Department; Mark
Bradshaw, P.E.- Deputy Director for Engineering Services
RECOMMENDED MOTION: Move to award a primary requirements contract for the
Division of Environmental Management - Engineering Services for the responsive, responsible
proposal with the lowest price proposal amount at the specified unit costs and estimated hours (no
minimum or maximum guaranteed); and, as permitted in the Request for Proposals, a “stand-by
list” of consultants.
REPORT-IN-BRIEF: The services under this contract consist of providing engineering
support by qualified engineering consultant firms to perform engineering services for DEM
projects in the six-year Washington County Capital Improvement Plan (CIP) and general operating
budget and unanticipated emergencies. The duration of the contract shall be for a period of two
(2) years, with an option by the County to renew for up to three (3) additional one (1) year periods.
Under the terms of the contract, other political jurisdictions within the County may utilize the
services provided as a result of this contract. This is a requirements contract; therefore, services
will be utilized on an as-needed basis at the respective hourly unit prices for each discipline with
no guarantee of a maximum or minimum number of hours.
Project assignments will be issued in two (2) distinct manners through this contract. Assignments
with a fee of $50,000 or less will be given to the designated responsive-responsible Consultant
with the lowest price proposal: AECOM Technical Services, Inc. Assignments with fees
anticipated to exceed $50,000 will have a defined scope of work specified and distributed to those
firms deemed most qualified following in sequence of the lowest overall price proposal and offered
on a stand-by list. The County intends to limit the stand-by list to a maximum of five (5) firms,
one of which will be the designated responsive-responsible Consultant with the lowest overall
price proposal. Assignment value will be determined when the Consultant applies the necessary
man-hours and his standard rates to the individual assignment.
In order to determine which proposal offered the overall lowest cost to the County for this
recommended contract award; each proposer submitted hourly rates for various employee
classifications or positions. The lowest cost proposal was determined by applying the quoted rates
to a position matrix that identified an approximate number of hours by position.
2 | Page AGENDA REPORT FORM
Notice of the RFP was advertised (1) on the County’s web site with access to downloading the
RFP, (2) on the State’s “eMaryland Marketplace” web site, and (3) in the local newspaper. There
were one hundred seven (107) downloads of the RFP document from the County’s website and
twenty-six (26) firms were represented at the pre-proposal conference. Five (5) firms responded
with proposals. After evaluation of Qualifications & Experience submittals, five (5) firms were
considered responsive and their Price Proposals were opened and evaluated (see attached Price
Proposal Tabulation Sheet).
The Coordinating Committee was comprised of the following members: Director of Division of
Environmental Management (Committee Chairman Designee), Deputy Director of Engineering
Services, Deputy Director of Solid Waste, Deputy Director of Engineering and Construction, and
the County Buyer.
DISCUSSION: N/A
FISCAL IMPACT: Funds are budgeted in various Capital Improvement Plan (CIP) and
General Operating Budget project accounts for these services.
CONCURRENCES: Coordinating Committee
ALTERNATIVES: N/A
ATTACHMENTS: Price Proposal Tabulation Sheet
AUDIO/VISUAL TO BE USED: N/A
Open Session Item
SUBJECT: Rejection of Bids for (PUR-1347) Transfer Stations Safety Upgrades
PRESENTATION DATE: June 6, 2017
PRESENTATION BY: Rick Curry, CPPO, Buyer – Purchasing Department and
Dave Mason, P. E., Deputy Director - Solid Waste Department
RECOMMENDED MOTION: Move to take action that is in the best interest of the County
to reject the bids for the Transfer Stations Safety Upgrades due to the bids exceeds the budget.
REPORT-IN-BRIEF: The Invitation to Bid (ITB) was advertised in the local newspaper,
on the County’s web site, and on the State of Maryland’s web site, e-Maryland Marketplace.
Two (2) bids were received on Wednesday, May 17, 2017.
DISCUSSION: Due to the funding issue the department will try to possibly utilize
county personnel to perform the work.
The project would had involve installing a standard three strand cable median barriers in front of
the trash bin containers located at the Greensburg Transfer Station, Kaetzel Transfer Station,
Dargan Transfer Station, and Hancock Transfer Station. The work includes, but not limited to,
installation of a cable barrier system, concrete counterfort, concrete repair, pavement repair and
restoration. The work is to satisfy a MOSH recommendation.
FISCAL IMPACT: Funding in the amount of $81,400.00 is available in the
department’s Capital Improvement Plan (CIP) account 515000-31-21010-LDI054.
CONCURRENCES: Division Director of Environmental Management
ALTERNATIVES: N/A
ATTACHMENTS: Bid Tabulation Matrix
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
PUR-1347
Transfer Station Upgrades
Item
No.Item Unit Appr.
Qty
Unit
Price
Total
Price
Unit
Price
Total
Price
1 Mobilization LS 1 $29,700.00 $29,700.00 $29,000.00 $29,000.00
2 Construction Survey and Stakeout LS 1 $2,960.00 $2,960.00 $2,500.00 $2,500.00
3 Erosion and Sediment Control LS 1 $2,700.00 $2,700.00 $2,500.00 $2,500.00
4 Cable Barrier LF 900 $250.00 $225,000.00 $270.00 $243,000.00
5 Asphalt Patch TON 10 $250.00 $2,500.00 $300.00 $3,000.00
6 Concrete CY 3 $2,000.00 $6,000.00 $2,500.00 $7,500.00
7 Concrete Repair SF 3,250 $15.00 $48,750.00 $14.00 $45,500.00
C-1 Unsuitable Material for Excavating CY 10 $75.00 $750.00 $70.00 $700.00
C-2 Select Material for Backfill CY 10 $60.00 $600.00 $70.00 $700.00
C-3 Permanent Seed and Mulch SY 10 $12.00 $120.00 $20.00 $200.00
Total Sum Bid for Bid Items 1 through 7
Plus
Contingent Items C-1 through C-3
$319,080.00
$1,470.00
Callas Contractors, Inc.
Hagerstown, MD
Building Systems, Inc.
Hagerstown, MD
Total Base Bid
(Items 1 through 7)$317,610.00
Total Contingent Bid Items
(Items C-1 through C-3)
$333,000.00
$1,600.00
$334,600.00
Bids Opened: 05-17-17
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Contract Award / PUR-1335 – Division of Environmental Management
- Engineering Services Requirements Contract for the Department of Solid Waste
PRESENTATION DATE: June 6, 2017
PRESENTATION BY: Rick Curry, CPPO, Buyer - Purchasing Department; Dave
Mason, P.E. – Deputy Director of Solid Waste
RECOMMENDED MOTION: Move to award a primary requirements contract for
Engineering Services for the Department of Solid Waste to the responsive, responsible proposal
with the lowest price proposal amount at the specified unit costs and estimated hours (no minimum
or maximum guaranteed); and, as permitted in the Request for Proposals, a “stand-by list” of
consultants.
REPORT-IN-BRIEF: The services under this contract consist of providing engineering
support by qualified engineering consultant firms to perform engineering services for DEM
projects in the six-year Washington County Capital Improvement Plan (CIP) and general operating
budget and unanticipated emergencies. The duration of the contract shall be for a period of two
(2) years, with an option by the County to renew for up to three (3) additional one (1) year periods.
Under the terms of the contract, other political jurisdictions within the County may utilize the
services provided as a result of this contract. This is a requirements contract; therefore, services
will be utilized on an as-needed basis at the respective hourly unit prices for each discipline with
no guarantee of a maximum or minimum number of hours.
Project assignments will be issued in two (2) distinct manners through this contract. Assignments
with a fee of $50,000 or less will be given to the designated responsive-responsible Consultant
with the lowest price proposal: AECOM Technical Services, Inc. Assignments with fees
anticipated to exceed $50,000 will have a defined scope of work specified and distributed to those
firms deemed most qualified following in sequence of the lowest overall price proposal and offered
on a stand-by list. The County intends to limit the stand-by list to a maximum of five (5) firms,
one of which will be the designated responsive-responsible Consultant with the lowest overall
price proposal. Assignment value will be determined when the Consultant applies the necessary
man-hours and his standard rates to the individual assignment.
In order to determine which proposal offered the overall lowest cost to the County for this
recommended contract award; each proposer submitted hourly rates for various employee
classifications or positions. The lowest cost proposal was determined by applying the quoted rates
to a position matrix that identified an approximate number of hours by position.
2 | Page AGENDA REPORT FORM
Notice of the RFP was advertised (1) on the County’s web site with access to downloading the
RFP, (2) on the State’s “eMaryland Marketplace” web site, and (3) in the local newspaper. There
were one sixty-seven (67) downloads of the RFP document from the County’s website and twelve
(12) firms were represented at the pre-proposal conference. Seven (7) firms responded with
proposals. After evaluation of Qualifications & Experience submittals, five (5) firms were
considered responsive and their Price Proposals were opened and evaluated (see attached Price
Proposal Tabulation Sheet).
The Coordinating Committee was comprised of the following members: Director of Division of
Environmental Management (Committee Chairman Designee), Deputy Director of Engineering
Services, Deputy Director of Solid Waste, Deputy Director of Engineering and Construction, and
the County Buyer.
DISCUSSION: N/A
FISCAL IMPACT: Funds are budgeted in various Capital Improvement Plan (CIP) and
General Operating Budget project accounts for these services.
CONCURRENCES: Coordinating Committee
ALTERNATIVES: N/A
ATTACHMENTS: Price Proposal Tabulation Sheet
AUDIO/VISUAL TO BE USED: N/A
Open Session Item
SUBJECT: Bid Award (PUR-1350) Trash Removal Services at County Facilities
PRESENTATION DATE: June 6, 2017
PRESENTATION BY: Rick Curry, CPPO, Buyer – Purchasing Department and
John Pennesi, Deputy Director – Parks and Facilities
RECOMMENDED MOTION: Move to award the bid for Trash Removal Services at
County Facilities to the responsible, responsive bidder, Apple Valley of Maryland of
Kearnysville, WV who submitted the lowest total sum bid in the amount of $41,568.00.
REPORT-IN-BRIEF: The contract is for Trash Removal Services at twenty-five (25)
County facilities. The Invitation to Bid (ITB) was published in the local newspaper, listed on the
State of Maryland’s “eMarylandMarketPlace” web site and on the County’s web site. Two (2)
bids were received as indicated on the attached bid tabulation. The term of the Contract is for a
one (1) year period tentatively to begin July 1, 2017 with an option by the County to renew for
four (4) additional consecutive one (1) year periods.
The following provision is included in the bid terms and conditions: Based on the estimate of
the net weight of County dumpsters, the total minimum amount of tonnage that the Contractor
must deliver to the County landfill shall be 340 tons per year or 28 tons per month.
DISCUSSION: N/A
FISCAL IMPACT: Funds are available in various departmental budgets for these
services.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Bid Tabulation Matrix
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
PUR-1350
Trash Removal Service
Item
No.Description Unit Qty Unit Price Total Price
1 Antietam Wastewater
Treatment Plant Month 12 $45.00 $540.00
2 Black Rock Golf Course Month 12 $3,000.00 *$231.75 $2,781.00
3 Community Action Council
Building Month 12 $207.20 $2,486.40
4
Conococheague Wastewater
Treatment Plant – Domestic Plant
Area
Month 12 $211.00 $2,532.00
5 County Administration Complex Month 12 $147.75 $1,773.00
6 County Administrative Annex
Building Month 12 $82.25 $987.00
7 County Commuter Building Month 12 $82.25 $987.00
8 County Office Building Month 12 $344.00 $4,128.00
9 Detention Center Month 12 $474.00 $5,688.00
10 Day Reporting Center Month 12 $128.50 $1,542.00
11 Division of Fire & Em. Services
Special Operations Team Month 12 $82.75 $993.00
12 Hagerstown Regional Airport –
18434 Showalter Road Month 12 $147.75 $1,773.00
$145.00 $1,740.00
$4,140.00
$125.00
$250.00
$39.00
$85.00
$85.00
$135.00
$195.00
$345.00
AVW of Maryland
Kearneysville, WV
Total Price
$468.00
$4,200.00
$1,020.00
$1,020.00
$1,620.00
$2,340.00
$1,500.00
Unit Price
Republic Services
Hagerstown, MD
$350.00
$1,740.00
$1,020.00
$145.00
$85.00
1 Bids Opened: 05-10-17
PUR-1350
Trash Removal Service
Item
No.Description Unit Qty Unit Price Total Price
$39.00
AVW of Maryland
Kearneysville, WV
Total Price
$468.00
Unit Price
Republic Services
Hagerstown, MD
13
Hagerstown Regional Airport
Maintenance Building –
18436 Showalter Road
Month 12 $82.25 $987.00
14
Hagerstown Regional Airport
T-Hangars’ Location –
18523-18535 Henson Blvd.
Month 12 $147.75 $1,773.00
15 Highway Department Month 12 $231.75 $2,781.00
16 Leitersburg/Smithsburg Treatment
Plant Month 12 $118.00 $1,416.00
17 Martin Luther King Center, &
Memorial Recreation Ctr.Month 12 $231.75 $2,781.00
18 Patrol Building Month 12 $128.50 $1,542.00
19 William J. Dwyer Center Month 12 $190.00 $2,280.00
20 Winebrenner Wastewater Treatment
Plant Month 12 $118.00 $1,416.00
21 Washington County Emergency Air
Unit Month 12 $35.00 $420.00
22 Washington County Agricultural
Education Center Month 12 $105.50 $1,266.00
23 Washington County Museum of
Fine Arts Month 12 $82.25 $987.00
24 Sharpsburg Water Treatment Plant Month 12 $59.00 $708.00
$85.00
$1,020.00
$45.00
$75.00
$85.00
$3,000.00
$1,740.00$145.00
$780.00
$2,640.00
$1,620.00
$20.00
$780.00
$2,700.00
$65.00
$220.00
$135.00
$250.00
$65.00
$225.00
$1,020.00
$240.00
$540.00
$900.00
2 Bids Opened: 05-10-17
PUR-1350
Trash Removal Service
Item
No.Description Unit Qty Unit Price Total Price
$39.00
AVW of Maryland
Kearneysville, WV
Total Price
$468.00
Unit Price
Republic Services
Hagerstown, MD
25 Washington County Emergency
Services Month 12 $82.25 $987.00
Month 12 $3,464.00 *$41,568.00 *$3,796.20 $45,554.40
*
NOTES:
$150.00
$50.00
$50.00
$20.00
$65.00 $780.00
$50.00
$50.00
$50.00
$150.00 $50.00
Corrected Calculations based on individual unit pricing.
AVW of MD - 9B - Detention Center (cardboard) Unit Price - $95.00 / Total Price - $1,140.00
Total Sum Bid
(Items 1 through 25)
Washout/Disinfecting of Eight (8) Cubic Yard Container
Washout/Disinfecting of Six (6) Cubic Yard Container
Washout/Disinfecting of Two (2) Cubic Yard Container
Washout/Disinfecting of Ninety-six (96) Gallon Tote
Washout/Disinfecting of Four (4) Cubic Yard Container
Washout/Disinfection of Three (3) Cubic Yard Container
$150.00
$150.00
$150.00
3 Bids Opened: 05-10-17
Open Session Item
SUBJECT: Relief Without Prejudice from Contract Award / Bid Award (PUR-
1342) Fire Service Performance Testing / Inspection of Fire Hoses, Fire Pumps, Ground
Ladders, and Aerial Devices
PRESENTATION DATE: June 6, 2017
PRESENTATION BY: (Prepared by Karen R. Luther, CPPO – Director of
Purchasing) Rick Curry, CPPO – Buyer - Purchasing Department and David Hays, Director –
Division of Emergency Services and/or Samuel A. Anderson, Emergency Planner, and/or
Jonathan D. Hart, Assistant Director – Fire Services, Division of Emergency Services
RECOMMENDED MOTION: Motion to relieve from the contract award made May 9,
2017, without prejudice, Fail Safe Testing of Manalapan, NJ for Option 2A (Fire Pump
Testing) and to award to the next responsive, responsible bidder with the lowest Total Sum Bid
Price of $12,480.00 to FireOne, Inc. of Drexel Hill, PA, contingent upon the company
becoming registered with the Maryland Department of Assessments and Taxation and being in
good standing.
REPORT-IN-BRIEF: On March 14, 2017 the County issued an Invitation to Bid (ITB)
for the subject services. A total of five (5) bids were received. The bid contained two (2) award
options: Award for either Option No. 1, the lowest Total Sum Bid for all services or for Option
No. 2 to award multiple contracts to the responsive, responsible Bidder(s) who submit(s) the
lowest Total Sum Bid Price for each service group (Group 2A, Group 2B, Group 2C, and Group
2D). It is the County’s intent to issue a purchase order (which shall serve as Notice to Proceed)
for any awarded contract(s) on July 1, 2017 based on whichever Option was most advantageous
to the County. If Option No. 1 was awarded, it was to be an “all or nothing” award. If contracts
were awarded under Option No. 2, they were to be based on “all or nothing” for each Group.
The contract period is tentatively to begin July 1, 2017, with an option by the County to renew
for up to two (2) additional consecutive one (1) year periods, subject to notice given by the
County at least sixty (60) calendar days in advance of each period’s expiration date. If the bidder
wishes to renew the contract, he/she must submit a letter of intent to the Director of Purchasing
at the location designated herein at least ninety (90) calendar days prior to the expiration of each
contract period. The County reserves the right to accept or reject any request for renewal and
any increase in unit cost for an inspection/testing. All other terms and conditions shall remain
unchanged.
The Invitation to Bid was published in the local newspaper, on the County web site, and on the
State of Maryland’s “eMaryland Marketplace” web site. Twenty (20) persons/companies
registered/downloaded the bid document on-line. There were two (2) companies represented at
the scheduled pre-bid conference.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Original contract awards were made on May 9, 2017 as follows:
Option No. Vendor Total Sum Bid Price for Group
Option 2A Fail Safe Testing
Manalapan, NJ $10,800.00
Option 2B & 2C Waterways of Southwest, PA
Bethel Park, PA
$28,440.00 (2B)
$3,778.90 (2C)
Option 2D Diversified Inspections/ITL, Inc.
Phoenix, AZ $3,175.00
After notice of award was provided to Fail Safe Testing for Option 2A, the Director of
Purchasing received a call (and follow-up letter attached) from the company’s owner that they
would not be supplying a driver, as required by the bid document, for performing the testing.
Though this was not noted in the “Remarks/Exceptions” portion on the Form of Proposal, there
were attachments that appeared to be “company literature” that included the following sentence
with regard to Pump Testing: “Customer will be responsible to have a driver available on day of
testing.” Since this statement is contrary to the specifications’ requirements contained in the bid
document, Fail Safe Testing is considered non-responsive and it is recommended that they be
relieved from the contract award without prejudice.
DISCUSSION: N/A
FISCAL IMPACT: Funds in the amount of $98,500 were requested in the Fire
Operations FY’18 budget (Account 515270-10-11525) for these services. Remaining budgeted
funds are for the testing/certification of other necessary equipment.
CONCURRENCES: Director of the Division of Emergency Services
ALTERNATIVES: N/A
ATTACHMENTS: Letter from Fail Safe Testing dated May 15, 2017
AUDIO/VISUAL NEEDS: N/A
Open Session Item
SUBJECT: Budget Transfer for Department of Solid Waste
PRESENTATION DATE: June 6, 2017
PRESENTATION BY: David A. Mason, P. E., Deputy Director – Department of Solid
Waste
RECOMMENDED MOTION: Move to approve Budget Transfer of $120,000 from
Reserves for repair of an Articulated Dump Truck for the Department of Solid Waste.
REPORT-IN-BRIEF: The dump truck has a blown engine and possible transmission
issues, the Budget Transfer will rebuild the engine, transmission, radiator, torque converter and
associated components. The work will be completed by Alban-Cat of Baltimore. This vehicle has
approximately 14,000 hours.
DISCUSSION: This is an essential piece of equipment, this option is the most inexpensive
and fasted option to get the equipment in service. The other Articulated Dump Truck also has
approximately 14,000 hours and is experiencing some issues.
FISCAL IMPACT: Funding in the amount of $75,000.00 is available fund 498721-31-21010
and 45,000 in fund 498710-31-21010.
CONCURRENCES: Division Director of Environmental Management
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Conveyance of Real Property to Cascade Town Centre Development, LLC
PRESENTATION DATE: June 6, 2017
PRESENTATION BY: Susan Small, Real Property Administrator
RECOMMENDED MOTION: Move to adopt the Ordinance declaring 63.0 acres, more or
less, located within the Cascade Development District and identified on the attached aerial (the
“Property”), as surplus property and to approve the conveyance of the same and authorize the
execution of necessary documentation to finalize the conveyance.
REPORT-IN-BRIEF: The County’s intent to convey the Property was duly advertised on
May 16, 23, and 30, 2017, and a portion of the Property (42.29 acres) is ready to be conveyed to
Cascade Town Centre Development, LLC with the remaining 20.71 acres, more or less, to be
conveyed after a simplified subdivision process has occurred.
DISCUSSION: It has been determined by the County that the Property is not
needed for public use and is being conveyed for no monetary consideration since it is meant to
activate redevelopment in the Cascade Development District.
FISCAL IMPACT: No fiscal impact.
CONCURRENCES: Director of Engineering
ALTERNATIVES: N/A
ATTACHMENTS: Aerial GIS Map
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
63 AC. +/-
0 375 750 1,125 1,500Feet
Legend
C as c a de To wn Ce n tr e @ For t R itch ie S u r pl u s P ro p e r t y
´
- Internal Parcel Boundaries
- Surplus Property
- Property Boundary
ORDINANCE NO. ORD-2017-___
AN ORDINANCE TO DECLARE CERTAIN REAL PROPERTY
AS SURPLUS PROPERTY AND TO APPROVE THE CONVEYANCE OF SAID REAL
PROPERTY
BE IT ORDAINED by the County Commissioners of Washington County, Maryland
(the "County"), as follows:
1. It is hereby established and declared that certain real property consisting of
63 acres of land, more or less, located within the Cascade Development District and along
the north side of the former Fort Ritchie Military Reservation (the “Property”), is surplus
and no longer needed for a public purpose or a public use.
2. The County believes that it is in the best interest of the citizens of Washington
County to convey the Property and Notice of Intention of Washington County to Convey
Land was duly advertised pursuant to Section 1-301, Code of the Public Local Laws of
Washington County, Maryland, in The Herald-Mail, a daily newspaper of general circulation,
on May 16, 23, and 30, 2017.
3. It has been determined that the Property will be conveyed in two parts. The
first conveyance will consist of 42.29 acres of land, more or less, and is more fully described
in Exhibit A attached hereto. The second conveyance will be for the remaining 20.71 acres
of land, more or less, and will take place after a simplified subdivision process has occurred.
4. The President of the Board of County Commissioners of Washington County,
Maryland and the County Clerk be, and they hereby are, authorized and directed to execute
and attest, respectively, for and on behalf of the County any and all deeds conveying the
Property to Cascade Town Centre Development, LLC for no monetary consideration.
ADOPTED this _____ day of _______________, 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
__________________________ BY: _____________________________________
Vicki C. Lumm, Clerk Terry L. Baker, President
Approved as to form
and legal sufficiency:
Mail to:
Office of the County Attorney
__________________________ 100 W. Washington Street, Suite 1101
John M. Martirano Hagerstown, MD 21740
County Attorney
EXHIBIT A
Description of Surplus Property
(42.29 acres)
All those two (2) parcels of land situate in Election District 14, Washington County,
Maryland, and more particularly described as follows:
PARCEL NO. 1:
Beginning at a point where the westerly boundary of lands now or formerly of
the United States of America (Liber 265, folio 475 Parcel No. 1) intersects the
southwest margin of the CSX Railroad right of way, thence with said right of way
with a curve to the right having a radius of 1,112.53 feet, an arc length of 286.62
feet and a chord bearing and distance of S33°44'59"E 285.83 feet to a point where
said right of way intersect the northern boundary of lands now or formerly of
Washington County Sanitary District (Liber 1109, folio 138), thence with the same
S63°17'16"W 180.20 feet to a point, thence S00°50'13"E 120.04 feet to a point, thence
S25°57'35"E 189.03 feet to a point, thence leaving said lands and crossing Penn Mar
Road S02°18'02"E 34.04 feet to a point, thence S08°27'15"W 191.06 feet to a point at
or near the shoreline of Lake Royer, thence with said shoreline S26°34'25"W 62.34
feet to a point, thence S10°18'31"W 103.90 feet to a point, thence S06°04'29"W 87.85
feet to a point, thence S11°29'36"W 96.43 feet to a point, thence S33°27'23"W 80.94
feet to a point, thence S18°00'37"W 130.29 feet to a point, thence Sl0°43'54"W 119.33
feet to a point, thence leaving said shoreline S41°42'28"W 140.15 feet to a point,
thence N48°48'23"W 138.12 feet to a point, thence S40°42'43"W 366.68 feet to a
point, thence N48°22'04"W 23.27 feet to a point, thence S52°11'20"W 431.50 feet to a
point, thence N73°04'22"W 255.37 feet to a point, thence with a curve to the left
having a radius of 82.06 feet, an arc length of 141.03 feet and a chord bearing and
distance of S47°05'37"W 124.30 feet to a point, thence N79°06'23"W 281.41 feet to a
point, thence N69°04'54"W 262.59 feet to a fence post in the western boundary of
lands now or formerly of the United States of America (Liber 265, folio 475 Parcel
No. 1), thence with said western boundary N31°42'28"E 117.08 feet to a concrete
monument, thence N44°12'06"E 672.75 feet to a concrete monument, thence
N47°51'32"E 548.56 feet to a fence post, thence N54°15'38"E 252.25 feet to a fence
post, thence N39°19'33"E 352.87 feet to a fence post, thence N40°26'53"E 141.24 feet
to a drill hole in a boulder, thence N38°17'07"E 517.79 feet to the place of beginning;
Containing 35.63 acres of land more or less.
PARCEL NO. 1 being all of Phase 1, Parcel No. 1 in the Quitclaim Deed from
PenMar Development Corporation, a Maryland corporation, to the Board of County
Commissioners of Washington County, Maryland, dated September 20, 2016 and
recorded among the Land Records of Washington County, Maryland, in Liber 5329,
folio 232.
PARCEL NO. 2:
Beginning at a point, said point being S74°l6'04"E 541.92 feet from the end of the
forty fifth or S55°10'E 735 feet line of lands now or formerly of the United States of
America (Liber 265, folio 475 Parcel No. 1) as surveyed by R.F. Gauss & Associates,
Inc. dated July 16, 2001 thence running through said lands with a curve to the right
having a radius of 82.06 feet, an arc length of 141.03 feet and a chord bearing and
distance of N47°05'37"E 124.30 feet to a point, thence S73°04'22"E 255.37 feet to a
point, thence N52°11'20"E 431.50 feet to a point, thence S48°22'04"E 23.27 feet to a
point, thence N40°42'43"E 366.68 feet to a point, thence S48°48'23"E 138.12 feet to a
point, thence N41°42'28"E 140.15 feet to a point, thence S01°05'05"W 147.36 feet to a
point, thence S39°16'23"W 251.46 feet to a point, thence S06°00'56"E 112.00 feet to a
point, thence S48°28'23"W 146.32 feet to a point, thence S54°36'12"E 124.03 feet to a point,
thence S37°42'20"W 231.07 feet to a point, thence N55°56'24"W 310.04 feet to a point,
thence N68°20'35"W 81.19 feet to a point, thence with a curve to the left having a radius
of 66.79 feet, an arc length of 113.43 feet and a chord bearing and distance of
S52°06'38"W 100.28 feet to a point, thence S09°5l '58"W 120.19 feet to a point, thence
S12°48'34"E 74.42 feet to a point. thence S85°13'41"W 90.51 feet to a point, thence
S05°43'03"E 224.41 feet to a point, thence S84°04'18"W 226.47 feet to a point. thence
N05°23'36"W 413.20 feet to a point, thence N29°29'26"W 167.62 feet to the place of
beginning; Containing 10.16 acres of land more or less.
PARCEL NO. 2 being all of Phase IV, Parcel No. 1 of the Quitclaim Deed from PenMar
Development Corporation, a Maryland corporation, to the Board of County
Commissioners of Washington County, Maryland, dated September 20, 2016 and
recorded among the Land Records of Washington County, Maryland, in Liber 5329,
folio 232.
EXCEPTING AND RESERVING: The County, hereby reserves unto itself, in fee
simple, 3.50 acres more or less, being a portion of the former Fort Ritchie Military
Reservation, situate along the northerly margin for Pen Mar Road that, said 3.50 acres being
a naturally subdivided portion of Phase I Parcel 1 by said road more particularly described
as follows:
Beginning for the outline hereof at a point on the northerly right of way line for
Pen Mar Road where it intersects the twenty seventh (27) or N40°26’53”E 141.24 foot line
of the grantors deed described as Parcel I Phase I in the Grantors deed dated September
20th, 2016 and recorded among the Land Records of Washington County Maryland in
Liber 5329 at folio 232, and its intersection of the northerly right of way line for Pen Mar
Road. Said point also being S40°26’53”E 101.98 feet from a drill hole in a boulder for the
End of the aforementioned line, thence with the existing outline for Parcel 1 Phase 1 on
bearings to agree with Maryland Grid (NAD83-91) in accordance with a survey
performed by the Division of Engineering and Construction Management dated April
27, 2017
1. North 40 degrees 26 minutes 53 seconds East 101.98 feet to a drill hole in a boulder,
thence
2. North 38 degrees 17 minutes 07 seconds East 517.79 feet to a point in the southwest
margin of the CSX Railroad Right-of-Way; thence with the said right of way with a
curve to the right, having a radius of 1,112.53 feet, a length of 277.70 feet, and a
chord bearing and distance of
3. South 34 degrees 04 minutes 44 seconds East 276.74 feet to a point being the end of
the North 63 degree 17 minute 47 second East 180.20 foot line of Tract “B” of a deed
for the Washington County Sanitary District dated August 18, 1993 and recorded
among the said land records in Liber 1109 at folio 160, thence running with the said
Sanitary District for three (3) courses
4. South 63 degrees 17 minutes 16 seconds West 180.20 feet to a capped rebar
5. South 00 degrees 50 minutes 13 seconds East 120.04 feet to a capped rebar, and
6. South 25 degrees 51 minutes 20 seconds East 187.83 feet to a point on the northerly
right of way line for Pen Mar Road; thence with said right of way line for two (2)
courses
7. North 86 degrees 34 minutes 50 seconds West 119.15 feet, and by a curve to the
right having radius of 732.63 feet, a length of 366.10 feet, and a chord bearing and
distance of
8. North 72 degrees 38 minutes 11 seconds West 362.30 feet to the place of beginning
encompassing an area of 152,304 square feet or 3.50 acres of land, more or less,
Being portions of the property that was conveyed unto the Board of County
Commissioners of Washington County, Maryland, from Penmar Development
Corporation, a Maryland corporation, by a Quitclaim Deed dated September 20, 2016
and recorded among the Land Records of Washington County, Maryland in Liber 5329 at
folio 232.