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HomeMy WebLinkAbout180501BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND Hagerstown, Maryland May 1, 2018 INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barr offered the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. CALL TO ORDER President Terry L. Baker called the regular meeting of the Board of County Commissioners of Washington County, Maryland, to order at 10:36 a.m. at 100 West Washington Street, Room 1113, with the following members present: Vice President Jeffrey A. Cline and Commissioners John F. Barr, Wayne K. Keefer and LeRoy E. Myers, Jr. APPROVAL OF MINUTES — APRIL 24, 2018 Commissioner Myers, seconded by Keefer, moved to approve the minutes of April 24, 2018. The motion passed unanimously. CONVENE IN CLOSED SESSION Commissioner Myers, seconded by Barr, moved to convene in closed session at 10:37 a.m. 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, in accordance with Section 3-305(b) (1) (7) and (8) of the General Provisions Article of the Annotated Code of Maryland. The motion passed unanimously. In closed session, the Commissioners discussed a specific personnel matter with staff, and discussed several ongoing litigation/legal matters with counsel. During closed session, the Commissioners provided guidance to staff regarding a specific personnel matter; and provided direction to counsel and staff regarding several ongoing litigation/legal matters. Present during closed session were Commissioners Terry L. Baker, Jeffrey A. Cline, John F. Barr, Wayne K. Keefer and LeRoy E. Myers, Jr. Also present were Robert J. Slocum, County Administrator; Vicki C. Lumm, County Clerk; John M. Martirano, County Attorney, and at various times Kirk C. Downey, Deputy County Attorney; Stephanie Stone, Director, and Debra Peyton, Deputy Director, Health and Human Services; Jennifer Swisher, Program Manager, Emergency Services; Bardona Woods, Assistant Director, Emergency Communications; and Kevin Karpinski. RECONVENE IN OPEN SESSION Commissioner Keefer, seconded by Myers, moved to reconvene in open session at 11:21 p.m. The motion passed unanimously. May 1, 2018 Page 2 REPORTS FROM COUNTY STAFF County Administrator County Administrator Rob Slocum advised the public of tonight's evening meeting to be held in the Town of Hancock. He noted that the time for the May 15 budget hearing may be changed to not conflict with the City of Hagerstown's budget hearing being held that same evening. CITIZENS' PARTICIPATION Donny Ravas, County Commissioner candidate, commented on this morning's groundbreaking ceremony for Brooke's House. (Commissioner Barr left the meeting room at 11:27 a.m. during the discussion of the next agenda item due to his company's bidding on various projects related to the Urban Improvement Project.) BID AWARD - MARYLAND THEATRE EXPANSION PROJECT Jessica Green, Executive Director, and Al Martin, Board Member, Maryland Theatre, presented the recommendation to award the bid for The Maryland Theatre Expansion Project (PUR-1378) to the responsible, responsive bidder, Morgan Keller Construction of Frederick, Maryland, which submitted the lowest base bid of $12,260,000. The award would be contingent upon the approval and release of funds by the Maryland Board of Public Works and any subsequent approvals from other State agencies as may be required, and the execution of a contract between the Maryland Theatre Association and Morgan -Keller Construction. The Maryland Theatre expansion project received four bids for the project that encompasses the construction of a 31,822 square foot addition and renovations to the existing theatre and including the demolition of the former McBare Pub and existing lobby space. Senator Andrew Serafini joined the discussion and suggested that the recommended contingency provisions relating to the approval and release of funds by the Board of Public Works and subsequent approvals of other State agencies included in the recommendation the motion is unnecessary and should be removed. He advised that $7.5 million has been fully committed by Governor Hogan, with $5 million to the Maryland Theatre and then $2.5 million to the Board of Education, and those funds are not in jeopardy. He noted that he has spoken to involved parties in Annapolis and the funding is fully committed by all. Rob Slocum clarified the contingency provisions; however, it is the decision of the Commissioners whether to commit the funding today without the contingency provisions. The Commissioners discussed the proposal. Commissioner Cline supported moving forward without the contingency provisions relating to the approvals by the Board of Public Works and other State agencies since the project won't begin until 2021-22. Commissioner Cline, seconded by Myers, moved to support removing the contingency provisions regarding the approval and release of funds by the Maryland Board of Public Works and other State agencies as suggested by Senator Serafini and to concur with the award for the Maryland Theatre Expansion Project to the responsible, responsive bidder, Morgan Keller Construction of Frederick, Maryland, which submitted the lowest base bid of $12,260,000. May 1, 2018 Page 3 Commissioner Myers confirmed with Ms. Green that they are not asking for funding until the money is actually needed. Commissioner Baker asked whether the base bids were the original amounts submitted and Ms. Green confirmed that fact. Commissioner Keefer asked what would happen if the contract was not approved by the Board of Public Works and Senator Serafini stated that he would return to the Board of Public Works for approval prior to 2021 and 2022 when funding is to be released. The motion passed unanimously. (4-0, Commissioner Barr was absent.) Senator Serafini stated that Governor Hogan is planning to attend the June 2 groundbreaking ceremony for the project. (Commissioner Barr returned to the meeting 11:55 a.m.) MEMORANDUM OF UNDERSTANDING WITH MD PUBLIC EMPLOYEES COUNCIL 67, AFSCME, AFL-CIO County Attorney John Martirano recommended the extension of the current Memorandum of Understanding (MOU) between Maryland Public Employees Council 67, AFSCME, AFL-CIO and its Local 2677, AFL-CIO (Union) and the Board of County Commissioners of Washington County (County) for an additional five (5) years beginning July 1, 2018 and ending June 30, 2023, to include Amendment 41 and Amendment 42. Mr. Martirano stated that Carroll Braun, Labor Relations Specialist for the Union, other County Union representatives and County staff have been in discussions regarding the current MOU which will expire June 30, 2018. The parties have discussed and the Union recently voted to agree to extend the current MOU for an additional five years on the same terms, conditions and provisions. County staff agrees and recommends extending the current MOU, including Amendment 41 and Amendment 42 for an additional five (5) years beginning July 1, 2018 through June 30, 2023. Mr. Martirano introduced Carroll Braun and Denny Embly, President of Local 2677. Mr. Braun stated that he appreciates the opportunity to renew the contract and he praised the good working relationship with the County. Commissioner Keefer, seconded by Barr, moved to approve the extension of the current Memorandum of Understanding between Maryland Public Employees Council 67, AFSCME, AFL-CIO and its Local 2677, AFL-CIO and the Board of County Commissioners of Washington County for an additional five years beginning July 1, 2018 and ending June 30, 2023, to include Amendment 41 and Amendment 42. The motion passed unanimously. PUBLIC SAFETY TRAINING CENTER CHANGE ORDER Scott Hobbs, Director, Engineering, requested approval of a change order for $129,386 for additional architectural/design services as part of the Public Safety Training Center project. Mr. Hobbs indicated that the additional scope of work identified during the programming phase will be accounted for in the construction document phase of the project. The Training Center is a proposed multi -phase project that will be used by police, fire and emergency services personnel serving in and around Washington County. The first phase of work is the main building that is approximately 40,000 square feet with offices, classrooms, a multi- purpose room, kitchen, weight room, locker rooms and storage space. The plan involves a new building on approximately 49 acres located at 9238 Sharpsburg Pike. May 1, 2018 Page 4 Commissioner Cline questioned why the change order is needed at this early date. Mr. Hobbs replied that feedback was received from emergency personnel as to what they wanted to see in the facility; the architect ran the cost figures and came to this amount that will carry out the design through the construction document phase. Commissioner Myers, seconded by Keefer, moved to approve a change order for $129,386 for additional architectural/design services as part of the Public Safety Training Center project as presented. The motion passed unanimously. RECESS The Commissioners recessed at 12:01 p.m. to attend the 2018 John Frey Preservation Awards luncheon at the Academy Theatre, 58 East Washington Street, Hagerstown. The event was sponsored by the Washington County Historical Advisory Committee and County Commissioners and hosted by the Visit Hagerstown and Washington County Convention and Visitors Bureau. Awards were presented to the following organizations and individuals for their efforts that significantly impact the preservation of historic homes, businesses, landmark structures and/or lands: Preservation Advocacy — Sandra Izer; Preservation — Michael Fitzgerald, Gideon Properties, LLC; and Adaptive Reuse - Selena Wilkes, Elmwood Farm. AFTERNOON SESSION The Commissioners reconvened at 2:02 p.m. in Room 1113, 100 West Washington Street, Hagerstown, with the following members present: Commissioners Terry L. Baker, Jeffrey A. Cline, John F. Barr, Wayne K. Keefer and LeRoy E. Myers. JOINT MEETING WITH THE WASHINGTON COUNTY BOARD OF EDUCATION REPORT FROM THE SCHOOL SECURITY TASK FORCE Board of Education (BOE) President Melissa Williams, Vice President Stan Stouffer, and members Michael Guessford, Pieter Bickford, Linda Murray, Jacqueline Fisher and student representative Ibrahim Diallo met with the County Commissioners to discuss school safety and findings of the School Security Task Force. Dr. Boyd Michael, Superintendent, County Administrator Rob Slocum and Sheriff Doug Mullendore, presented a report of findings of the School Security Task Force that has met the past four weeks to discuss school safety including vestibules for all schools, school resource officers and additional walls for open school designs. Dr. Michael reviewed school safety features now in use including cameras, radios, electronic door controls, and secure vestibules. He described the school resource officer's duties that include mentoring, educating, communicating and school involvement. Each school has a safety committee and there is a countywide committee to discuss safety concerns. Dr. Michael indicated that every school is required to appoint a mental health services coordinator professional by September 1, 2018. He discussed potential solutions for facility improvements. Sheriff Doug Mullendore reported on Senate Bill 1265 that appropriated $35 million for various school safety categories, including safety assessments grants, school safety grants, school construction for safety-related operating and capital projects. It also provided $10 May 1, 2018 Page 5 million in mandated funding in FY 2019 and beyond for school resource officers and other law enforcement strategies to provide adequate school coverage. Senator Andrew Serafini provided background information on legislation passed this session that provides State funding for school safety. He advised that the State is not mandating how the funds are to be used so local jurisdictions may use it for adequate local coverage as deemed necessary. Senator Serafini also discussed the lack of treatment facilities for the mental health needs of adolescents. Ed Clark, Director of the Maryland Center for School Safety, discussed his job at the State level and the challenges ahead regarding school safety Rob Slocum discussed the priority recommendations by the School Security Task Force that included the installation of school vestibules, additional school resource officers, school drills, addressing open school designs, window safety film, revision of the curriculum at Children's Village and use of the "See Something, Say Something" app. Commissioner Keefer expressed the desire to provide funding for additional school resource officers. Sheriff Mullendore stated that the next training classes for deputies begin in January 2019 so adding another school resource officer would take one year. The first-year cost to hire and train a new officer is $134,000. Commissioner Baker discussed whether capital funds may be used for hiring school resource officers. Dr. Michael indicated that the best use of available funds is adding vestibules to schools as an important link in stopping unauthorized entry. His staff will continue looking for additional grants toward the costs of vestibules. The design work for vestibules is estimated to be $120,000 and is being paid for using Board of Education funds. Commissioner Keefer asked whether the funds received from the sale of three former elementary schools could be used toward school safety initiatives and Mr. Slocum advised that they could, after all associated costs are subtracted. Commissioner Baker thanked members of the School Security Task Force for its work done toward school safety efforts. FISCAL YEAR 2019 GENERAL FUND BUDGET AND 2019-2028 CAPITAL IMPROVEMENT PROJECT BUDGET Sara Greaves, Chief Financial Officer, and Kim Edlund, Deputy Director, Budget and Finance, discussed Draft 3 of the FY 2019 General Fund Budget (considered the current budget) and the 2019-2028 Capital Improvement Project (CII') Budget. The General Fund Budget totals $229,639,310 and the CIP Budget totals $42,958,000. The Board of Education is receiving $230,000 towards two new teachers and two new assistants for a Pre -K program or to be used at the Board's discretion and $1.5 million over the FY 2018 budget. The BOE will receive $204,000 in FY 2019 toward security vestibules. A consensus from the Commissioners is needed to move forward the proposed budget for a public hearing on May 15. Ms. Greaves and the Commissioners discussed the various drafts discussed last week regarding the budget. Commissioner Cline requested to add four new 9-1-1 Call Takers to the budget but is willing to wait until the proposed adjustments to 9-1-1 operations are made. David Hays, May 1, 2018 Page 6 Director of Emergency Services commented that there is a plan to increase the overall value of center as a whole; however, it will take some time to evaluate its effectiveness. Funds to hire two 9-1-1 Call Takers are available in the budget as proposed, but not four. Commissioner Baker discussed his desire to stabilize future water and sewer rates. Rob Slocum advised that there is already a team looking at ways to evaluate the situation using more engineering insight, though regulation has increased from the Maryland Department of the Environment. Mr. Slocum indicated that the Draft 4A Capital is consistent with a $1 million value to the Board of Education. Commissioner Keefer endorsed the 4A Capital Budget that provides $1 million to the BOE for vestibule enhancements and he also expressed his desire to afford additional school resource officers now so they may be trained and available next year. It was the consensus of the Commissioners to move forward with Draft 4A of the Capital Budget that provides an additional $1 million to the BOE, available as needed and as soon as July 1, 2018, and that also includes the $204,000 previously discussed for school vestibules; and also to move forward with Draft 3 of the FY 2019 General Fund Budget that includes an additional $230,000 above maintenance of effort for the BOE. The Commissioners agreed to move the time of the May 15 public hearing to 5:30 p.m. so it would not coincide with the City of Hagerstown's budget hearing that evening at 7:00 p.m. PUBLIC HEARING — REZONING APPLICATION RZ-17-010 AND COMPREHENSIVE PLAN/URBAN GROWTH AREA BOUNDARY ADJUSTMENT CP -17-001 President Baker convened a public hearing at 3:38 p.m. to obtain public comment regarding the application of the Washington County Department of Planning and Zoning for RZ-17-010, a zoning change from Planned Industrial to Agricultural (Rural) for five parcels along Dusty Lane, and CP -17-001, a Comprehensive Plan/Urban Growth Area (UGA) boundary adjustment for five parcels along Dusty Lane. President Baker reviewed the procedures for the public hearing and County Clerk Vicki C. Lumm administered the oath to those who planned to give testimony in the matter. Stephen Goodrich, Director, Department of Planning and Zoning, submitted the files for RZ- 17-010 and CP -17-001 into the record. The application concerns five parcels located at 13229, 13237, 13245 and 13253 Dusty Lane and 17009 Broadfording Road. Mr. Goodrich presented the application, initiated by the Department of Planning and Zoning, without cost to the five property owners. The area is located within the County's designated Urban Growth Area and is on the fringe of a large area zoned for future industrial development. It has an Industrial Flex land use designation in the adopted Comprehensive Plan and was rezoned to Planned Industrial during the 2012 Comprehensive Urban Growth Area rezoning. Available land for industrial development to support job growth is a recommendation of the Comprehensive Plan. At the time of the rezoning to Planned Industrial, there were three existing residential lots that were improved with dwellings. The UGA comprehensive rezoning and a two -lot residential subdivision application (that created 13229 and 13237 Dusty Lane parcels) were approved May 1, 2018 Page 7 independently and without knowledge of the other at approximately the same time. The subdivision created two new lots with the owners' expectations of building new dwellings. When a building permit application for 13237 Dusty Lane was received by the County in late 2017, the conflict of a new residential use in the PI zone was discovered. Mr. Goodrich noted that this situation is a textbook example of a mistake in zoning where a decision is made without the knowledge of certain facts that, if known to the zoning authority, would have resulted in a different classification. He indicated that all five property owners were notified by mail before the Planning Commission's public information meeting and he has spoken personally to four of the five owners, who have expressed no objections to the proposal. The Planning Commission subsequently reached a decision to support the rezoning and the Growth Area boundary adjustment. The hearing was opened for public comment. Charles Prince, 13253 Dusty Lane, Hagerstown, acknowledged that he concurred with the proposed zoning classification. The matter was opened for questions from the Commissioners and there were none. The public hearing was closed at 3:53 p.m. The Commissioners reached a consensus to approve the map amendment and boundary adjustment and directed staff to prepare the necessary documents for consideration and vote during a future meeting. HAGERSTOWN REGIONAL AIRPORT PASSENGER TERMINAL RENOVATIONS AND EXPANSION Stephanie Lapole, Grant Manager, Office of Grant Management, and Phil Ridenour, Director, Hagerstown Regional Airport, requested approval to submit a funding request to the Federal Aviation Administration in the amount of $420,361 and accept the awarded funding. The Hagerstown Regional Airport requests to develop plans and specifications for the passenger terminal renovation and expansion. There is a matching requirement of 5% for Washington County, or $22,124, which was approved in the Airport's CIP budget, and a 5% match provided by the Maryland Aviation Administration. Commissioner Barr, seconded by Myers, moved to approve the submission of a $420,361 grant application for the Hagerstown Regional Airport to the Federal Aviation Administration and to accept the award funding as presented. The motion passed unanimously. PAVEMENT MANAGEMENT PLAN, RUNWAY 9/27 REHABILITATION, GROVE FARM DEMOLITION AND RUNWAY 02 RUNWAY PROTECTION ZONE PROPERTY APPRAISAL Stephanie Lapole and Phil Ridenour requested approval to submit a funding request to the Federal Aviation Administration for $620,588 and accept the awarded funding. The Hagerstown Regional Airport requests to establish a Pavement Management Plan for airside pavements. The Design and Bid Phase Services for the rehabilitation of Runway 9-27 include Taxiways A, B, G, F and P and Runway 2-230 within the Runway 9-27 Runway Safety Area and the Runway 9 blast pad. Funding of $90,000 will also be requested to reimburse the Grove May 1, 2018 Page 8 Farm demolition project and an additional $20,000 will be requested for the appraisal of the Topflight Runway Visibility Zone property for Runway 02. There is a matching fund requirement of 5% for Washington County ($28,977), which is pending approval in the FY 2019 Airport CIP Budget. A 5% match will be provided by the Maryland Aviation Administration. Commissioner Barr, seconded by Myers, moved to approve the submission of a $620,588 grant application for the Hagerstown Regional Airport to the Federal Aviation Administration for the reasons stated and to accept the award funding as presented. The motion passed unanimously. RECESS The Commissioners recessed at 3:57 p.m. EVENING MEETING — TOWN OF HANCOCK The evening session of the regular meeting of Board of County Commissioners of Washington County, Maryland, was held at Hancock Town Hall, 126 West High Street, Hancock. INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Barr offered the Invocation followed by the Pledge of Allegiance to the Flag by the full assemblage. CALL TO ORDER President Terry L. Baker called the evening meeting of the Board of County Commissioners of Washington County, Maryland, to order at 7:06 p.m. with the following members present: Vice President Jeffrey A. Cline and Commissioners John F. Barr and Wayne K. Keefer. Commissioner LeRoy E. Myers, Jr. was absent. MAYOR AND COUNCIL COMMENTS Mayor Ralph Salvagno welcomed the Commissioners to the town and introduced Council members Leo Murray and Tim Smith, and Town Manager David Smith. The mayor described Canal Pride Days clean up held last weekend. Mayor Salvagno noted that the Harvest medical marijuana facility is now up to full employment and Lanco Pennland has gained ten employees. The town is participating in the Promise Program and vocational training through Hagerstown Community College. Mayor Salvagno reported working with the Visit Hagerstown and Washington County Convention and Visitors Bureau and stated that the town would like more involvement with the County's Department of Business Development. COMMISSIONERS REPORTS AND COMMENTS Commissioner Cline reported attending the groundbreaking ceremony this morning for Brooke's House, a facility for women with addiction issues. Commissioner Barr noted that last week his sister, Jeannine Horst, was chosen the Washington County Teacher of the Year. He attended a planning meeting for the National Cycling Championships to be held in Washington County this year on July 27-28. Clear Spring and May 1, 2018 Page 9 Route 67 near Boonsboro will be used for the cycling road races. Mr. Barr commented that it is an honor to be chosen as the host location. Commissioner Keefer also attended the Brooke's House groundbreaking, noting that its founder, Kevin Simmers, was formerly a police officer in Hancock. He reported that 62 volunteers assisted with the Saturday cleanup of the C&O Canal. Mr. Keefer discussed the use of micro loans, a State loan program that involves loans as small as $5,000 for those businesses that don't qualify for larger loans. Commissioner Baker thanked the town for hosting this evening's meeting. He reported that the Commissioners attended the John Frey Preservation Awards today. Mr. Baker reported attending a welcome reception last week for the USA National Miss Maryland contestants. Mr. Baker discussed the Veterans Park Enhancement Project in Hancock. Council member Leo Murray stated that 136 persons have purchased banners. He noted that bids for the project came in higher than anticipated and the town is requesting a second $10,000 contribution toward the project. Commissioner Cline indicated that he preferred to wait before giving another donation. He mentioned other worthy projects in the County requesting funding such as the Vietnam War Veterans Monument Project. The Commissioners discussed whether to donate funds from the Contingency Fund that has a balance of $29,000. Mr. Cline stated that his vote was contingent upon the Vietnam Veterans group also receiving $10,000. Commissioner Keefer supported the idea. Commissioner Keefer, seconded by Myers, moved to provide $10,000 to the Town of Hancock towards the Veterans Park Enhancement Project and $10,000 to the Joint Veterans Council towards the Vietnam War Veterans Monument Project with funds to be taken from the County's Contingency Fund. The motion passed unanimously. (4-0, Commissioner LeRoy E. Myers, Jr. was absent.) CERTIFICATE OF RECOGNITION TO TOM MAZZONE The Commissioners prepared a certificate of recognition to Tom Mazzone that was accepted by several students of the Hancock High School teacher who is known for his commitment to agricultural education. Mr. Mazzone created the FFA program at the school four years ago. He was absent from the meeting due to attending a National Land Judging contest for the FFA in Oklahoma with some of his students. REPORTS FROM COUNTY STAFF En2ineerin2 Scott Hobbs, Director of Engineering, distributed a map showing where hot mix overlay is planned to be placed in the town. He discussed the shortfall in State highway user revenue funding and the County's use of other methods to make roads last longer. Mayor Salvagno requested to piggyback on the County's contract to extend further paving and Mr. Hobbs stated that there is still time to do so. Commissioner Keefer thanked Mr. Hobbs for re -doing a traffic count in the town during a time when a major business was open and not closed. May 1, 2018 Page 10 Construction Rich Eichelberger, Director of Construction, updated attendees on the progress of the town's new library building. Completion of the library is set for mid-September 2018 according to the contractor. County Administrator County Administrator Rob Slocum thanked Mr. Hobbs, Mr. Eichelberger and Tim Lung for attending the meeting. Tim Lung, Director of Plan Review and Permitting, and the County's Zoning Administrator, discussed an application before the County's Board of Zoning Appeals (BZA) regarding a proposed 190 foot monopole cell tower on Sideling Hill. County zoning requires a special exception for towers over 50 feet and the matter is scheduled for a hearing before the BZA. Comments will be taken during the hearing in Hagerstown or by email to Mr. Lung or his zoning coordinator if received by 3:30 p.m. on May 2. Rob Slocum introduced Danielle Crabb, the County's Public Relations and Community Affairs Director, and Lauren Pogue, Marketing Specialist, to the audience. Chief Operations Officer Chief Operations Officer Jim Hovis noted that he formerly served as a State trooper in the town and used to reside in Little Orleans. He stated that he understands some of the problems faced by the community and invited citizens to contact his office regarding any matter. CITIZENS PARTICIPATION Missy Cubbage, a twenty-year resident of the town who has children in the agricultural program in the school system, discussed the transfer of Agricultural teacher Tom Mazzone to Clear Spring High School. She and other parents are worried about the future of the agricultural program at the high school due to the change that has yet to be explained. She stated that 60% of students at the school are enrolled in the agricultural program. She invited all to attend a listening meeting this Thursday at Hancock High School with Washington County Public Schools Superintendent Boyd Michael. Valerie Oliver, County Commissioner candidate, introduced herself and commented on the agricultural teacher issue. ADJOURNMENT Commissioner Keefer, seconded by Barr, moved to adjourn at 7:58 p.m. The motion passed unanimously. Robert J. Slocum, County Administrator John Martirano, County Attorney Vicki C. Lumm, County Clerk