BOARD OF COUNTY COMMISSIONERS June 6, 2017 Agenda

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1 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 P: F: 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, :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 Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, Voice/TDD, to make arrangements.

2 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 Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, Voice/TDD, to make arrangements.

3 Board of County Commissioners of Washington County, Maryland Agenda Report Form 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 (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 (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, 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: CONCURRENCES: ALTERNATIVES: None N/A N/A ATTACHMENTS: from Jerry DeWolf, Commission Chair, notifying the Board of County Commissioners of the nominees selected by the Commission.

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5 Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: Dustin Stipes Graduation Ceremony of the First Client from the Day Reporting Center, 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 ALTERNATIVES: ATTACHMENTS: AUDIO/VISUAL NEEDS: Rebecca Hogamier and the entire Day Reporting Center Team

6 Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: South County Deputy PRESENTATION DATE: PRESENTATION BY: RECOMMENDED MOTION: Sheriff Doug Mullendore 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:

7 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 16 th 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.

8 Washington County Public Schools Summary of FY2017 Budget Adjustments by Quarter Increase/(Decrease) Category Quarter 1 Quarter 2 Quarter 3 Quarter 4 Full Year Revenue ($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, ,851 $522,851 Special Education 0 250, ,000 $650,000 Student 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, ,575 1,802,837 $2,560,412 Capital Outlay (597,625) (5,285) 25,040 ($577,870) School Food Service $0 Fixed Charges 0 501,830 (728,680) (226,850) Undesignated Fund Balance Change $0 $0 $453,180 $0 $453,180 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.

9 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 342,851 Director 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 1,802,837 To 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 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.

10 Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: Management Revisions to the Tip Jar Regulations of the Office of Community Grant PRESENTATION DATE: June 6, 2017 PRESENTATION BY: Management James B. Hovis, Director, Office of Community Grant 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 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 nonprofits 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.

11 2 P age AGENDA REPORT FORM FISCAL IMPACT: figures will be: If approved, the projected fiscal impact based on current sales 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

12 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT Effective date July 5, Revision 1 November 28, 1995 Revision 2 August 20, 1996 Revision 3 October 1, 1996 Revision 4 March 18, 1997 Revision 5 November 24, (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, (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 - #########

13 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT Table of Contents Section Purpose Section Definitions Section License eligibility Section Licensing procedure Section Tip jar operations Section Wholesalers operations Section Bonding requirement for wholesaler licensees Section Gaming procedures Section Wholesaler reporting and deposit requirements Section Tip jar operator reporting requirements Section Conflicts of Interest Section Washington County Gaming Fund Section Enforcement and Penalties Section Rewards Section Appeals Section Effective dates i

14 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT Section Purpose. (a) These Regulations are adopted pursuant to Section (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 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 or 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. 1

15 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT 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) (ii) Any college or high school fraternity or sorority; or 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 (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. 2

16 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT 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. 3

17 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT 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 (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 4

18 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT authorized by the Board to provide fire service pursuant to or 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 or 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. County. Wholesaler: A person who sells or wholesales for profit tip jar packets within the 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 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 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 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: 5

19 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT (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) (ii) an ambulance, firefighting, or rescue squad; or 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) requirements: To be eligible for a wholesaler s license, a person must satisfy the following (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; 6

20 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT (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 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; 7

21 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT 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) license. The County Agency shall review the application and grant or deny the applicable (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. 8

22 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT (h) The fee for a temporary tip jar operator s license shall be thirty dollars ($30.00) per license. (i) (j) License fees are not refundable after a license has been issued. There shall be no fee for an off-premises tip jar operator s permit. Section 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 9

23 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT 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 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: 10

24 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT (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 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 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. 11

25 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT (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 (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 Wholesaler reporting and deposit requirements. (a) Each holder of a wholesaler s license shall submit to the County Agency no later than the 15 th 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, 12

26 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT (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 (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 13

27 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT (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. 14

28 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT (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 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; 15

29 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT (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 (a)) or the Temporary License Report (see Section (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. 16

30 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT Section 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 Section 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 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 17

31 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT (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 Fund: The following charitable organizations are eligible to receive distributions from (1) Those organizations approved by the Board as organizations to which the Board may contribute bi-annually in accordance with Section 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) (ii) (iii) (iv) (v) (vi) The organization is a bona fide charitable entity and is recognized as such under existing tax codes; The organization is located in Washington County; With the exception of the United Way, the organization is not an umbrella organization made up of two or more member agencies; The organization demonstrates that it is properly organized and well managed; The organization s goals and objectives are directed toward improving the quality of life in Washington County; and The organization does not practice discrimination by age, race, creed, sex, color, national origin, or disability. Section 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 18

32 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT 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, 19

33 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT 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 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, in which case judicial review shall be de novo. (i) (ii) 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. 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) (ii) 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 For a subsequent offense: (a) A civil fine not exceeding five thousand dollars ($5,000.00); and 20

34 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT (b) (c) Revocation of the person s tip jar operator s license or wholesaler s license. 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) (ii) 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. 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. Section Rewards. (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. 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 21

35 TIP JAR REGULATIONS OF THE OFFICE OF COMMUNITY GRANT MANAGEMENT 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 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 Effective dates. The effective date of these Regulations relating to Gaming is July 5, I:\Documents\Gaming\Gaming licensing regulations amendments\reg\regulations - Revision 19 (Draft - redlined).docx 22

36 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.

37 2 P age 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: ALTERNATIVES: ATTACHMENTS: Coordinating Committee N/A Price Proposal Tabulation Sheet AUDIO/VISUAL TO BE USED: N/A

38 Board of County Commissioners of Washington County, Maryland Agenda Report Form 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, 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, is available in the department s Capital Improvement Plan (CIP) account LDI054. CONCURRENCES: ALTERNATIVES: ATTACHMENTS: Division Director of Environmental Management N/A Bid Tabulation Matrix AUDIO/VISUAL NEEDS: N/A

39 PUR-1347 Transfer Station Upgrades Building Systems, Inc. Hagerstown, MD Callas Contractors, Inc. Hagerstown, MD Item No. Item Unit Appr. Qty 1 Mobilization LS 1 $29, $29, $29, $29, Construction Survey and Stakeout LS 1 $2, $2, $2, $2, Erosion and Sediment Control LS 1 $2, $2, $2, $2, Cable Barrier LF 900 $ $225, $ $243, Asphalt Patch TON 10 $ $2, $ $3, Concrete CY 3 $2, $6, $2, $7, Concrete Repair SF 3,250 $15.00 $48, $14.00 $45, Unit Price Total Price Unit Price Total Price Total Base Bid (Items 1 through 7) $317, $333, C-1 Unsuitable Material for Excavating CY 10 $75.00 $ $70.00 $ C-2 Select Material for Backfill CY 10 $60.00 $ $70.00 $ C-3 Permanent Seed and Mulch SY 10 $12.00 $ $20.00 $ Total Contingent Bid Items (Items C-1 through C-3) Total Sum Bid for Bid Items 1 through 7 Plus Contingent Items C-1 through C-3 $1, $319, $1, $334, Bids Opened:

40 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.

41 2 P age 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: ALTERNATIVES: ATTACHMENTS: Coordinating Committee N/A Price Proposal Tabulation Sheet AUDIO/VISUAL TO BE USED: N/A

42 Board of County Commissioners of Washington County, Maryland Agenda Report Form 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, 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: FISCAL IMPACT: services. CONCURRENCES: ALTERNATIVES: ATTACHMENTS: N/A Funds are available in various departmental budgets for these N/A N/A Bid Tabulation Matrix AUDIO/VISUAL NEEDS: N/A

43 PUR-1350 Trash Removal Service AVW of Maryland Kearneysville, WV Republic Services Hagerstown, MD Item No. 1 Antietam Wastewater Treatment Plant Description Unit Qty Unit Price Total Price Unit Price Total Price Month 12 $39.00 $ $45.00 $ Black Rock Golf Course Month 12 $ $3, * $ $2, Community Action Council Building Conococheague Wastewater Treatment Plant Domestic Plant Area Month 12 $ $1, $ $2, Month 12 $ $2, $ $2, County Administration Complex Month 12 $ $1, $ $1, County Administrative Annex Building Month 12 $85.00 $1, $82.25 $ County Commuter Building Month 12 $85.00 $1, $82.25 $ County Office Building Month 12 $ $4, $ $4, Detention Center Month 12 $ $4, $ $5, Day Reporting Center Month 12 $ $1, $ $1, Division of Fire & Em. Services Special Operations Team Hagerstown Regional Airport Showalter Road Month 12 $85.00 $1, $82.75 $ Month 12 $ $1, $ $1, Bids Opened:

44 PUR-1350 Trash Removal Service AVW of Maryland Kearneysville, WV Republic Services Hagerstown, MD Item No Description Unit Qty Unit Price Total Price Unit Price Total Price Hagerstown Regional Airport Maintenance Building Showalter Road Hagerstown Regional Airport T-Hangars Location Henson Blvd. Month 12 $85.00 $1, $82.25 $ Month 12 $ $1, $ $1, Highway Department Month 12 $ $2, $ $2, Leitersburg/Smithsburg Treatment Plant Martin Luther King Center, & Memorial Recreation Ctr. Month 12 $65.00 $ $ $1, Month 12 $ $3, $ $2, Patrol Building Month 12 $ $1, $ $1, William J. Dwyer Center Month 12 $ $2, $ $2, Winebrenner Wastewater Treatment Plant Washington County Emergency Air Unit Washington County Agricultural Education Center Washington County Museum of Fine Arts Month 12 $65.00 $ $ $1, Month 12 $20.00 $ $35.00 $ Month 12 $85.00 $1, $ $1, Month 12 $75.00 $ $82.25 $ Sharpsburg Water Treatment Plant Month 12 $45.00 $ $59.00 $ Bids Opened:

45 PUR-1350 Trash Removal Service AVW of Maryland Kearneysville, WV Republic Services Hagerstown, MD Item No. 25 Description Unit Qty Unit Price Total Price Unit Price Total Price Washington County Emergency Services Total Sum Bid (Items 1 through 25) Month 12 $65.00 $ $82.25 $ Month 12 $3, * $41, * $3, $45, Washout/Disinfecting of Ninety-six (96) Gallon Tote $50.00 $20.00 Washout/Disinfecting of Two (2) Cubic Yard Container $ $50.00 Washout/Disinfection of Three (3) Cubic Yard Container Washout/Disinfecting of Four (4) Cubic Yard Container Washout/Disinfecting of Six (6) Cubic Yard Container Washout/Disinfecting of Eight (8) Cubic Yard Container $ $ $ $ $50.00 $50.00 $50.00 $50.00 * Corrected Calculations based on individual unit pricing. NOTES: AVW of MD - 9B - Detention Center (cardboard) Unit Price - $95.00 / Total Price - $1, Bids Opened:

46 Board of County Commissioners of Washington County, Maryland Agenda Report Form 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, 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.

47 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, Option 2B & 2C Option 2D Waterways of Southwest, PA Bethel Park, PA Diversified Inspections/ITL, Inc. Phoenix, AZ $28, (2B) $3, (2C) $3, 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 ) for these services. Remaining budgeted funds are for the testing/certification of other necessary equipment. CONCURRENCES: ALTERNATIVES: Director of the Division of Emergency Services N/A ATTACHMENTS: Letter from Fail Safe Testing dated May 15, 2017 AUDIO/VISUAL NEEDS: N/A

48

49 Board of County Commissioners of Washington County, Maryland Agenda Report Form Open Session Item SUBJECT: Budget Transfer for Department of Solid Waste PRESENTATION DATE: June 6, 2017 PRESENTATION BY: Waste David A. Mason, P. E., Deputy Director Department of Solid 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, is available fund and 45,000 in fund CONCURRENCES: ALTERNATIVES: ATTACHMENTS: Division Director of Environmental Management N/A N/A AUDIO/VISUAL NEEDS: N/A

50 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 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: CONCURRENCES: ALTERNATIVES: ATTACHMENTS: No fiscal impact. Director of Engineering N/A Aerial GIS Map