January 22, 2010

Friday, January 22, 2010

            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; County Administrator David A. Eberly; and Clerk Cathy E. Blank. 

            The following business was transacted:

MOTION #1

For additions and deletions to the agenda, please see Report of the President

MOTION #2

The Commissioners approved the minutes of January 14, 2010 public meeting reflecting the detailed summary of the Final Agenda.

REPORT OF THE PRESIDENT

Executive Session report - Commissioner Stakem said the following attended:  Commissioners Stakem, Hutcheson and Lewis; Attorney Rudd, Acting Administrator Eberly; and HR Director Brian Westfall.  The topic was negotiations.  Cathy Blank recorded. 

Action on Personnel Issue:  

Vote 3-0 to appoint David A. Eberly, County Administrator

Details of Mr. Eberly’s contract were summarized by Brian Westfall:  three-year term (1/22/10 to 6/30/13); salary of $105,000; COLA same as provided  to non-union County employees; 4 weeks vacation per year; term life insurance valued at $150,000; disability benefit policy similar to full-time employees through MD State Retirement & Pension System; retirement benefits in percentage amount equal to full-time employees to be contributed to qualified 401A account; severance pay up to 1-year salary; no car allowance. 

Commissioner Stakem asked Mr. Westfall to notify other applicants today of this decision.  He said the Commissioners’ decision is based on Mr. Eberly’s impressive service. 

Mr. Eberly said he appreciated this opportunity; he will offer no surprises and pledged 110 percent everyday.  He said the County senior management team is second to none and great stewards of the County. 

 

ACTION AGENDA – Vote 3-0

Item 1 – Mutual Aid Agreement for EMS Protection – executed an agreement with the City of Cumberland regarding EMS services for a six-month period.   

Administrator Eberly said the Mayor & City Council adopted the agreement this week; there have been no additions or deletions since explained at 1/14 work session.

Commissioner Stakem said they appreciated the good working relationship with the City.   (See Item 9 below for budget amendment.)

Item 2 Bid Advertisement – granted permission to advertise for bids for construction of a 15,200 square foot industrial shell building in the North Branch Industrial Park. 

            Matt Diaz, Economic Development Director, detailed how light-to-medium manufacturing companies have grown from small buildings like this; the site can be expanded; and the location is close to Federal Prison, near Bayliner 2.  He hoped to get the bids out in early February

 

CONSENT AGENDA

As Recommended by County AdministratorVote 3-0

Board of Elections

Item 3 – Early Voting – signed MOU with Board of Elections and authorized use of County Office Complex for the process of early voting in Allegany County for Primary and General Elections (voting to be conducted in Suite 212).  

This item was discussed at the work session this morning.

Transit Division

Item 4- Bid Award – awarded the Transit bus shelter project (Contract ACT-10-01) to the lowest responsive bidder, Harbel, Inc., in the amount of $198,186.50 (corrected) subject to Maryland Transit Administration approval.

Item 5 - Bid Award – awarded the Transit roof replacement project (Contract ACT-10-02) to the lowest bidder, Hite Roofing, in the amount of $37,460 subject to Maryland Transit Administration approval.

Item 6 – Bid Request – approved advertisement for contract to upgrade building electrical system at Allegany County Transit. 

Note--All 3 Transit items are funded through ARRA

Department of Public Works

Item 7 – Bid Award – awarded LaVale drainage improvements project (Contract AC-10-LV01) to the lowest bidder, Carl Belt, Inc., in the amount of $491,771.80 subject to Maryland Board of Public Works approval.

Planning Division

Item 8 – Mountain Ridge Rural Legacy Area Designation – executed a letter of support for the County’s Rural Legacy application.

Finance Department

Item 9 – Budget Amendment – approved budget amendment in the amount of $13,224 for Item 1 above by reauthorizing funds previously budgeted in the County Administrator’s budget to that of the Department of Public Safety, Emergency Services Division.  (As shown on 1/14 work session proposal, total cost of $39,874 would be reduced by $21,000 (City) and $5,650 (AED grant), with net cost of $13,224)

Appointments/Reappointment

Item 10 – Department of Social Services Board – appointed Ms. Wilma Kerns and Mr. Robert R. Bosley II and reappointed Natalie W. Tenaglio to remainder of three-year terms (effective 7/1/09 to 6/30/12)

 

Discussion

Commissioner Hutcheson reported on the MACo officers meetings this week with the President of Senate.  The flat line budget includes $400M cuts from last year, atop ones from this year; the situation isn’t good.

Commissioner Stakem noted prePACE meetings will be held next week (with USDA & MDE on water for our towns).  In addition, they will meet with our Delegation, Transit & MACo (on the disparity grant). 

 

Edward Taylor, Jr., 400 S. Allegany Street, Cumberland, (representing Cumberland Historical Cemetery Organization) referenced the recent Maryland Historic Trust letter, clearly stating the Constitution Monument is not permitted at Courthouse. 

  • He questioned why we went through this process?
  • Wasn’t Attorney Levine aware of conditions of the l997 trust letter? 
  • Over 5 years ago when Ten Commandments monument was removed, he said the foundation was also removed; he asked that permanent foundation be returned. 
  • He disagreed with Steve Young’s response. 
  • He invited Commissioners and employees to a service on 1/24 at 2 p.m. at Davis Memorial Cemetery to honor unborn children. 

Attorney Rudd responded to Mr. Taylor.  We were aware of historic easement, but unsure about whether it was the entire property or just the interior; we knew we needed their approval.  At the time of Courthouse renovations, it was only the interior.  With the issue of George Washington monument, they approved it without any details.   

Steve Young, Director of Public Works confirmed we didn’t remove foundation or do any excavating when Ten Commandments monument was moved; it was put back exactly how it was originally set.  From an engineering standpoint, he disagreed with Mr. Taylor about need for foundation. 

 

Reminders:    

Next Work Session –   Thursday, February 4, 2010 - 9:00 a.m., Room 212            

Next Public Meeting   - Thursday, February 4, 2010 - 11:00 a.m., Room 100

There will be no Public Meeting on January 28 - due to PACE Reception and Pre-PACE meetings

            in Annapolis

 

ADJOURNMENT:

            There being no further business to come to the attention of the Board, a motion to adjourn at 11:12 a.m. was made and duly carried.