April 23, 2009

            The regular meeting of the County Commissioners of Allegany County was held in the Commissioners’ Meeting Room, 701 Kelly Road, at 11:00 a.m. on the above date. The following were present: President James J. Stakem; Commissioner Robert M. Hutcheson; Commissioner Dale R. Lewis; County Attorney William M. Rudd; Acting County Administrator David A. Eberly; and Clerk Carol A. Gaffney. 

            The following business was transacted:

MOTION #1

The Commissioners authorized one addition to this agenda – Item 3A – an agreement.

MOTION #2

The Commissioners approved the minutes of the April 16, 2009 public meeting reflecting the detailed summary of the Final Agenda.

REPORT OF THE PRESIDENT

Commissioner Stakem reported on an Executive Session held at 9:30 a.m. when the three Commissioners; Attorney Rudd, and Acting Administrator Eberly met with Jason Bennett regarding a legal matter on the nursing home; they then met with Matt Diaz regarding an economic development issue; they also met with Brian Westfall on a personnel issue. Virginia Schry recorded.

PRESENTATION

Item 1. Proclamation – “GFWC Federation Day” (General Federation of Women’s Clubs) – Joyce Race accepted, along with members of her committee.  They thanked the Commissioners and Mrs. Race noted it was a pleasure to work as a volunteer in her community.    

Item 2.  Citation –– DelFest Memorial Day Weekend (May 22, 23 & 24)  - Del McCoury, of the Del McCoury Band, thanked the Board and detailed how he selected Allegany County for his festival.  Barbara Buehl, Allegany County Tourism, noted that the McCoury's have made a great commitment to the community and will be giving a percentage of their revenues from drawings, etc. to benefit local charities.

ACTION AGENDA

ADDITION:  Item 3A.  Agreement –Vote 3-0  Authorized President to execute the formal Asset Purchase Agreement with Allegany Healthcare Group, LLC for the sale of the Nursing & Rehabilitation Center.

Dr. Scott Rifkin and William Freas, two of the new owners, spoke. Dr. Rifkin said the process was fair and they sought to protect patients, employees and the community.  They are committed to quality care and will have an excellent rehab center and foster business relationships in the county.  Bill Freas thanked the board; noted the good working relationship with staff (Eberly, Bennett & Rudd) and added they will not disappoint the County. 

Item 3.  Code Home Rule Bill 2-09 – Vote 3-0 Amended bill entitled “An Act To Amend Chapter 141 Entitled ‘Land Development’ Part 4, Zoning” (Industrial Wind Energy Devices).  Various amendments were explained and reviewed at yesterday’s 1 p.m. work session by Phil Hager and staff.

Tom Matthews, President of US Windforce, felt he needed more time to fully explain the consequences of this amendment to his company.  In 2002 the county adopted regulations and they supported them.  They proceeded to negotiate leases, perform studies, etc., costing millions of dollars.  However, Code Bill 2-09 will prohibit US Windforce or any other wind turbine company from building in Allegany County.  He asked for an opportunity (one hour) to present in detail the impact of this legislation to their project.  Mr. Matthews also invited the public to this presentation. 

Acting Administrator Eberly said they would try to line something up in the next couple weeks.

Mr. Matthews felt some of the suggestions were in the right direction. 

Attorney James Walsh and other representations of US Windforce waived their comments at this time.

Gary Marsh asked that they allow at that same meeting an opportunity for comments from the other side. He wanted to see a change on the “right for inspection.” He also asked that they investigate the use of new cylindrical, shorter windmills to be considered.

Randy Appel asked that they try to speed up this process and added that the company has pledged to hire local workers.

Darlene Parks commended the Commissioners for their work (especially about the ground water) but asked that a new provision be put in if aquifers are changed.  They need to consider alternative plans if there is any drilling. 

Attorney Rudd noted that the Commissioners can vote on this issue at any time, but have made a commitment to see the presentation by US Windforce at a later date before a decision is made. 

CONSENT AGENDA

As Recommended by County Administrator

Vote:  3 to 0

Economic Development Department

Item 4.  Agreement – Approved a Supplemental Lease Agreement with General Services Administration for FEMA at the North Branch Industrial Complex reflecting completion of the tenant improvement project increasing payments by $289,034 annually.

Allegany County Transit

Item 5. Adopted Resolution No. 09-7 to add 6 projects ($666,600 to County Transit; $1.6M to resurface US40 Alt.; $300,000 for highway beautification; $100,000 for Sign Lighting Systems; $300,000 for Traffic Detection Equipment; and $900,000 for Traffic Signal Upgrades) to FY08-11 Transportation Improvement Program.  (Please see resolution below)

Item 6.  Public Hearing – Authorized notice and hearing for May 26 at 2 p.m. to consider changes to schedule and service area used by Transit bus and van services. 

Public Works Department

Item 7. Bid Award – Accepted low bid of Hertrich Fleet Services in the amount of $21,129 ($20,000 from ’09 Soil Conservation District county budget and $1,129 from Soil Conservation District Board) for purchase of 2009 Ford ½ ton pickup truck.

Fairgrounds

Item 8. Surplus Property – Declared 40 horse stalls at the Fairgrounds to be surplus to the County’s needs and authorized advertisement for sale. 

Animal Control

Item 9. Reappointments – Reappointed Dr. James Cosgrove, Veterinarian, and Ms. Peggy McDaniel, AWS Representative, to 2-year terms on Animal Control Advisory Board expiring 6/30/10. 

Community Services – Planning & Zoning

Item 10.  Reappointments – Reappointed Edward T. Robinette, Sr., Flintstone and Rodger L. Uphold, Rawlings to 5-year terms on the Planning and Zoning Commission expiring 2/16/14. 

Item 11.  Appointment – Approved appointment of Dwight Perrin, Cumberland, to the Planning & Zoning Commission for a 3-year term expiring 2/16/12. 

Item 5 Continued….

R E S O L U T I O N

No .09-7

Resolution approving the Revised FY 2008-2011 Transportation Improvement Program.

         WHEREAS, the Cumberland Area Metropolitan Planning Organization was established to manage and provide policy direction to the Unified Planning Program in accordance with Federal requirements, and the Allegany County Commissioners have been designated as the temporary Metropolitan Planning Organization for this area as approved by Maryland Governor Harry Hughes on May 17, 1982; and

          WHEREAS, the staff of the Maryland Department of Transportation and the Allegany County Department of Community Services have together prepared the revised the Transportation Improvement Program for Fiscal Year 2008-2011 in compliance with applicable Federal programs and regulations; and

          WHEREAS, ARRA FY 2009 capital funding Allegany County Transit will add $666,600.00; and

           WHEREAS, ARRA FY 2009 funding for US 40 Alt Highway resurfacing will add $1,600,000.00; and

WHEREAS, ARRA FY 2009 funding for Highway Beautification will add $300,000.00; and

            WHEREAS. ARRA FY 2009 funding for Sign Lighting Systems will add $100,000.00; and

            WHEREAS ARRA FY 2009 funding for Traffic Detection Equipment will add $300,000.00; and

            WHEREAS ARRA FY 2009 funding for Traffic Signal Upgrades will add $900,000.00; and

            NOW, THEREFORE, BE IT RESOLVED that the Allegany County Commissioners acting as the Temporary Cumberland Area Metropolitan Planning Organization approved the revised Fiscal Year 2008 – 2011 Transportation Improvement Program.

BID REPORT

County Clerk Carol Gaffney gave a bid report on New Diesel Powered Generator Set – 6 bids being reviewed by Public Works Department:

Bid for New Diesel Powered Generator Set - 911 Operations Center

Contract No. EOC 09-04

April 24, 2009   at 3:00 p.m.

The above figures represent bid sheet figures as received and do not represent any county tabulation or verification of the amounts listed. Bids were opened by Clerk Carol A. Gaffney in the presence of Cathy Blank, Office Associate, Commissioners' Office. Also attending:  W. Stephen Young, Director of Public Works; A. Gerald Arthur, P.E.; and Evan Bone, Maintenance Chief.  The bids were referred to the Public Works Department for review and recommendation back to the Commissioners. 

DISCUSSION

Acting County Administrator Eberly noted that that he has met with Gary Moore, Director of Public Safety & Homeland Security, about holding an open house at the new public safety building.  They hope to have something scheduled soon. 

Lt. Craig Robertson, Sheriff’s Office, complained of requests that he has submitted with no response from the county.  In January they asked for a contract allowing them to provide outside security, and Chief Dick said no.  He read from a letter indicating that the county would have no obligation for this.  He referred to the 2/16 agreement in Washington County relative to hiring 2 additional deputies in July and another one in 2010.  He didn’t know why no paperwork on this had been done. Then again on April 7 he met with Cumberland, Frostburg, etc. regarding the Burns JAG grant where they agreed to split.  The county has no match on this and he couldn’t understand the delay.  Mr. Eberly was to meet with the Commissioners and get back to him.  Lt.  Robertson said he has reached out to the Bureau of Police and they want to work together. 

Mr. Eberly said they did speak with him about the hiring process and the Circuit Court decision and once the budget is done he will sign off on the paper.  He spoke with the Board on Tuesday but needed a follow up with them before getting back to Lt. Robertson.  He just got the paperwork this week. 

Commissioner Stakem noted they are reviewing budgets now. He extended a welcome to the deputy to come any time.

Don Bohrer, Hillcrest Drive, Cumberland said he wanted the Commissioners to know “the wonderful life in Cumberland through the eyes of a developer.”  He noted that Judge Finan has now agreed that he owns the property.  He has tried to build a travelers’ center at Hillcrest for 2 years and spent 20 years of his time getting permits, sign-offs from SHA and correction to the entrance and ramps.  He paid for studies and spent a lot of money.  Now Stephen Foster of SHA says the ramp is unsafe and he can’t develop the property.  Maybe if he modifies the ramp he can get it Okayed.  However, there are no assurances after all this time of studies and expenses.  He wanted the Commissioners to help him. 

Commissioner Stakem said it is a State highway issue and he needed to contact the Delegation and Senators. 

Commissioner Lewis asked Mr. Eberly to write a letter to Senator Edwards and Delegate Meyers and apprise them of the situation and ask them to meet with Mr. Bohrer.

Reminders:   

Budget Workshop       -   Thursday, April 23 at 1:30 p.m., Room 212

Next Work Session    – Thursday, April 30 at 9:00 a.m., Room 212

Next Public Meeting     - Thursday, April 30 at 11:00 a.m., Room 100

Preliminary Budget Presentation        - Thursday, April 30 at 11:00 a.m., Room 100

ADJOURNMENT:

            There being no further business to come to the attention of the Board, a motion to adjourn at 11:55 a.m. was made and duly carried.