Minutes of the County Commissioners of Worcester County, Maryland January 6, 2015 Madison J. Bunting, Jr., President Merrill W. Lockfaw, Jr., Vice President Anthony W. Bertino, Jr. James C. Church Theodore J. Elder Joseph M. Mitrecic Diana Purnell Following a motion by Commissioner Bertino, seconded by Commissioner Lockfaw, the Commissioners unanimously voted to meet in closed session at 9:00 a.m. in the Commissioners’ Conference Room to discuss legal and personnel matters permitted under the provisions of Section 3-305(b)(1) and (7) of the General Provisions Article of the Annotated Code of Maryland and to perform administrative functions. Also present at the closed session were Harold L. Higgins, Chief Administrative Officer; Kelly Shannahan, Assistant Chief Administrative Officer; Sonny Bloxom, County Attorney; Kim Moses, Public Information Officer; and George Bradley, Human Resources Director. Topics discussed and actions taken included: filling critical vacant positions, including hiring Vincent Esposito, Connor Hudson, Katelyn Selby and Joshua Pruitt as Communications Clerk Trainees within Emergency Services; denying a request to fill a vacant Landfill Operator II position within the Solid Waste Division of Public Works; acknowledging the hiring of Larry Hall as a part-time, fill-in School Crossing Guard within the Sheriff’s Office; appointing Alan Hudson and reappointing Ed Phillips to the Agricultural Preservation Advisory Board; appointing Tom Babcock and reappointing Dean Ennis to the Agricultural Reconciliation Board; appointing Mickey Ashby and Faith Mumford to the Ethics Board; reappointing Eloise Henry Gordy and Andrea Watkins to the Initiative to Preserve Families Board (Local Management Board); appointing Nancy Howard to the Shoreline Commission; reappointing James Rosenberg to the Solid Waste Advisory Committee; reappointing James Spicknall to the Water and Sewer Advisory Council for the Ocean Pines Service Area; appointing Hope Carmean to the Commission for Women; receiving legal advice from counsel; and performing administrative functions. After the closed session, the Commissioners reconvened in open session. Commissioner Bunting called the meeting to order and announced the topics discussed during the morning closed session. The Commissioners reviewed and approved the minutes of their December 16, 2014 meeting as presented. The Commissioners presented a proclamation recognizing January as National Mentoring Month to Samantha Hill of Big Brothers/Big Sisters (BBBS) and encouraged mentoring partnerships, like BBBS, which help children build confidence, gain knowledge and develop the 1 Open Session - January 6, 2015 strength of character needed to succeed both in and out of the classroom. They recognized that young people with mentors are more likely to have higher school attendance, greater self-esteem and are more likely to pursue higher education, and they encouraged area residents to consider becoming mentors. Public Works Director John Tustin and Darl Kolar and Laura Oakes of EA Engineering, Science, and Technology, Inc. PBC, provided the Commissioners with an overview of the Worcester County Solid Waste Program. Also in attendance at the meeting were Solid Waste Manager Mike Mitchell and Recycling Manager Ron Taylor. The update included information regarding program goals, background, daily operations and reporting requirements, regulatory involvement, environmental compliance regarding landfill gas, air permitting and groundwater monitoring, the new leachate storage tank, recycling facility and cost savings approaches. In response to questions by Commissioner Bertino, Mr. Kolar stated that EA Engineering meets with Maryland Department of the Environment (MDE) staff regularly, and it is his hope that the new State administration will seek to work cooperatively with Maryland jurisdictions to seek compliance, as opposed to issuing heavy fines for minor violations. With regard to groundwater monitoring wells, Mr. Tustin stated that the County budgets $50,000 annually to monitor groundwater at the Central Landfill in Newark in accordance with MDE monitoring requirements. In response to questions by Commissioner Mitrecic, Mr. Kolar stated that materials from the dredging of federal navigation waters off the coast of Ocean City, Maryland could potentially be used as cover at the Central Landfill, subject to meeting MDE requirements, such as dewatering to reduce moisture content. Mr. Tustin stated that dredge materials recovered from the Ocean City Harbor were mixed with clean earth from the Langmaid Road Borrow Pit and are currently being used as cover at the Central Landfill. Commissioner Mitrecic stated that the Ocean City dredging project will be ongoing over the course of the next decade and suggested County staff meet to discuss pursuing the use of the dredge material at the Central Landfill. In response to a question by Commissioner Bunting, Mr. Kolar stated that, with the closing of the Berlin Rubble Fill, the site is no longer permitted to receive construction debris. Mr. Tustin stated that the County has two years to complete the cap and closure project, but that yard waste is still permitted at the site, and staff is working to identify a suitable area at the current site to continue providing this service to the public once the cap and closure project begins. In a related matter, Mr. Tustin stated that all required permits pertaining to the construction of Cell 5 have been submitted to MDE for approval, with a public hearing to take place in spring 2015 and construction anticipated to begin in fall 2015. Pursuant to the recommendation of Mr. Tustin and upon a motion by Commissioner Mitrecic, the Commissioners unanimously approved the proposals from EA Engineering for Groundwater Monitoring and Analytical Services at the Central Landfill Facility for the calendar years 2015-2016 at a lump sum cost of $88,100.86, and Groundwater Monitoring and Analytical Services for six Shallow Wells (recently installed as directed by MDE) at the Central Landfill Facility for the calendar years 2015-2016 at a lump sum cost of $16,772.06. In response to a question by Commissioner Bertino, Mr. Tustin stated that the County’s history with a particular contractor does not preclude them from seeking competitive bids in most instances, but that in meeting regulatory requirements at the Central Landfill, he recommended retaining EA 2 Open Session - January 6, 2015 Engineering, which has an extensive working knowledge of Landfill operations. He advised that he feels confident EA Engineering is providing the best service and fair pricing. Assistant Chief Administrative Officer Kelly Shannahan stated that EA Engineering’s current proposal is nearly $2,000 less than their current contract for these same services for the calendar years 2013-2014. Commissioner Lockfaw questioned whether the County was being fair to other potential bidders by failing to place this work out to bid. Commissioner Mitrecic stated that sometimes specific expertise, as in this case, is critical to success and unwise to bid. Following some discussion, Mr. Tustin agreed that, when it is time to renew this contract, he would provide the Commissioners with a price comparison of groundwater monitoring and analytical services in nearby jurisdictions to assure the County continues to receive the most competitive pricing and expert service possible. Pursuant to the recommendation of Mr. Tustin and upon a motion by Commissioner Lockfaw, the Commissioners unanimously awarded the low bid for the purchase of corrugated metal pipe to be utilized by the Roads Division of Public Works to Lane Enterprises, Inc. of Bealeton, Virginia at a total delivered price of $22,177.28. Pursuant to the recommendation of Mr. Tustin and upon a motion by Commissioner Lockfaw, the Commissioners unanimously awarded the low bid for the purchase of one 2016 International Model 7300 with Godwin Body Dump Truck for use within the Water and Wastewater Division of Public Works to Barr International, Inc. of Salisbury, Maryland at a total delivered price of $91,710.74. Mr. Tustin stated that, while all vehicle bids did not meet all of the technical specifications listed in the bid packet, the low bid from Barr International met the intended needs of the Water and Wastewater Division at the lowest price. Commissioner Bertino commended Water and Wastewater staff for responding promptly to a request from an Ocean Pines resident to repair a sewer backup and for returning the next day to assure that the repair had resolved the issue. The Commissioners agreed to postpone discussions on the request for Injection Well Relocation on the VanVonno Property in the Mystic Harbour Service Area at the request of the VanVonno’s attorney, Hugh Cropper, who was scheduled to be in court this morning and would therefore be unable to attend the Commissioners’ meeting. The Commissioners met with Development Review and Permitting Director Ed Tudor to discuss the Town of Pocomoke City’s proposed Annexation Resolution A-14-01. Mr. Tudor informed the Commissioners that, by virtue of the above-referenced Annexation Resolution, the Town of Pocomoke City is proposing to annex approximately 10.01 acres located on the westerly side of U.S. Rt. 13 to the south of its junction with Old Virginia Road and identified on Tax Map 92 as Parcel 30, which is presently occupied by Shore Disposal, Inc./Waste Management facilities. Mr. Tudor stated that the property proposed for annexation is zoned C-2 General Commercial District,