Minutes of the County Commissioners of Worcester County ...

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asked the Commissioners to determine the property to be a nuisance in accordance with the above Code sections as well as dangerous to the health and safety of the people of the County and prejudicial to property values in the County as articulated in Section PH 1-101(a)(14) of the County Code and initiate the nuisance abatement process contained in the law to remedy the situation. He further recommended that the Order of Abatement and Notice to be Heard not exceed the minimum posting requirement, which is 15 days, given the length of time the property has been in its current state. Upon a motion by Commissioner Gulyas, the Commissioners unanimously declared the property a public nuisance and ordered the abatement of such nuisance pursuant to Section PH 1-102 of the County code. Pursuant to the recommendation of Mr. Tudor and upon a motion by Commissioner Gulyas, the Commissioners unanimously adopted Resolution No. 13-10 defining charitable and civic organizations for the provisions of Section PS 4-101 of the Public Safety Article of the Code of Public Local Laws of Worcester County Maryland with respect to outdoor meetings, including outdoor music festivals. Following further discussion and upon a motion by Commissioner Gulyas, the Commissioners unanimously adopted Resolution No. 13-11 adopting an $800 permit fee for outdoor meetings and outdoor music festivals, which covers the processing of the application and costs for advertising the required public hearing, if the organization is not exempt. The Commissioners met with Mr. Tudor on April 16, 2013 to discuss the provisions of the Public Safety Article and how it applies to charitable organizations, which may be exempt from the permitting requirements. The new regulations reflect their request to develop a standard to determine what qualifies as a charitable organization or civic organizations, specifically requiring such organizations to be licensed 501(c)(3), 501(c)(4)(A) or 501(c)(10) organizations under the Internal Revenue Service (IRS) Code. In response to a question by Commissioner Boggs, Mr. Tudor advised that in the past he has received requests to host outdoor music festivals by individuals who wish to avoid the regulations and therefore claiming to be exempt charitable organizations under Section PS 4-101(e) simply because they plan to give a very minuscule portion of the proceeds to a charity. He advised that these newly adopted regulations now establish a clear-cut definition of charitable and civic organizations. In response to a question by Commissioner Bunting, Mr. Tudor stated that events such as Bike Week pay a permit fee for other permits that totals approximately $150. The Commissioners met with County Engineer Bill Bradshaw and Department of Liquor Control (DLC) Director Bobby Cowger to discuss the results of the bid solicitation for the addition of a store and restroom refurbishment at the DLC building in Snow Hill. Mr. Bradshaw advised that only two of the three bids received addressed the entire scope of work. These bids came in from GGI Builders, Inc. T/A Gillis Gilkerson of Salisbury, Maryland at a cost of $184,596 and Beauchamp Construction of Pocomoke City, Maryland at a cost of $238,700. Mr. Bradshaw stated that both bids exceed budgeted funds of $90,000 to complete the scope of work. Therefore, he recommended rejecting the current bids, evaluating opportunities to reduce project costs and rebidding the project in the fall when a greater number of contractors are likely to bid on the project and there is more time available to complete the project in advance of the 2014 summer season. In response to a question by Commissioner Boggs, Mr. Bradshaw stated that he could modify or reduce the scope of work to help lower costs. In response to a question by 4 Open Session - May 7, 2013
Commissioner Shockley, Chief Administrative Officer Gerald T. Mason stated that Public Works lacks the staff needed to complete any portion of this project in-house without severely crippling the day to day operations of that department. Following some discussion and upon a motion by Commissioner Shockley, the Commissioners unanimously agreed to reject the current bids and rebid the project at a later date as recommended. Pursuant to the recommendation of Public Works Director John Tustin and upon a motion by Commissioner Shockley, the Commissioners unanimously identified the County-owned property on Langmaid Road as the mitigation site to meet the County’s afforestation obligation under the Critical Areas Law. Mr. Tustin stated that the County is required to afforest 52,500 square feet, due to the construction of the Mystic Harbour Wastewater Treatment Plant project, but that the County would utilize natural regeneration at the site in lieu of planting trees. He concluded that the County would incur a minimal expense of no more than $1,000 to purchase and install signage and purchase chemicals needed to eliminate any invasive plant species from the site. Pursuant to the recommendation of Mr. Tustin and upon a motion by Commissioner Purnell, the Commissioners voted 6-1, with Commissioner Bunting voting in opposition, to accept the proposal from George, Miles and Buhr, LLC of Salisbury, Maryland for construction engineering services for the Keyser Point Road water main installation project to be billed on an hourly basis, with a total budget estimated at $2,550 for bidding services, $12,100 for contract administration services, and $11,680 for construction inspection services, for a total cost of approximately $26,330. Pursuant to the recommendation of Mr. Tustin and upon a motion by Commissioner Gulyas, the Commissioners unanimously agreed to waive the standard bid process and accepted the low proposal from Spring & Associations, Inc. of Easton, Maryland for directional drilling of the waterline under Kitt’s Branch for the Briddletown-Berlin Waterline Interconnection project at a total cost of $19,240, contingent upon a commitment from the Town of Berlin to pay half the costs of the directional drilling. Mr. Tustin stated that the remainder of the work on this project would be completed in-house. Pursuant to the recommendation of Mr. Tustin and upon a motion by Commissioner Lockfaw, the Commissioners unanimously awarded the low bid to replace asphalt roof shingles at the Worcester County Court House in Snow Hill at a base bid of $42,500, including the optional Ice and Water Shield at a cost of $4,050, Sheathing for $9,500 and a deduction of $3,400 for using Timberline HD shingles in lieu of Timberline Ultra HD Shingles for a total cost of $52,650. In response to a question by Commissioner Boggs, Mr. Tustin stated that the project would be completed during the two-week period that Court Room One is in recess from June 15 through June 30, 2013. Pursuant to the recommendation of Mr. Tustin and upon a motion by Commissioner Gulyas, the Commissioners unanimously awarded the low bid for the Public Landing Pier Repair Project to Rehak’s Contracting, LLC of Baltimore, Maryland at a total cost of $194,826.96. Mr. 5 Open Session - May 7, 2013
Page 1 and 2: Minutes of the County Commissioners
Page 3: Recreation Advisory Board and upon
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