Minutes from the June 30 Allegany County Commissioners meeting

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June 30, 2011

June 30, 2011

The regular meeting of the County Commissioners of Allegany County was held in the Commissioners’ Meeting Room, 701 Kelly Road, at 5:00 p.m. on the above date. The following were present: President Michael W. McKay, Commissioner Creade V. Brodie; Commissioner William R. Valentine; Assistant County Attorney Barry R. Levine; County Administrator David A. Eberly; and Clerk Cathy E. Blank. The following business was transacted:

The Pledge of Allegiance was led by Dan Williams of Mount Savage.

President McKay began the meeting with a prayer.

MOTION #1

There were no additions or deletions to this agenda.

MOTION #2

The Commissioners approved the minutes of the June 23, 2011, public meeting.

REPORT OF THE PRESIDENT

President McKay said the Commissioners toured Washington Middle School today; he noted the hard-working maintenance/support staff and the good job they do maintaining a building that was built in the 60’s and has not been renovated since that time. This was a good opportunity, as they are getting ready for the feasibility study that will be presented to the Board of Education and both Boards will be meeting on this in the future (date will be announced).

ACTION AGENDA

Item 1 – Allegany County Office of the Sheriff and the Bureau of Police Consolidation MOU

Barry R. Levine, Assistant County Attorney, said this is a planning document with the re-integration of the Bureau of Police Officers into the Sheriff’s Department as Sheriff’s Deputies. The Sheriff’s Office is a constitutional office. The Sheriff appoints his own employees; Attorney Levine understands that the Sheriff will be reappointing those individuals. One of the last steps under the MOU in terms of procedures to be followed is the completion of some additions and amendments to the current collective bargaining agreement with regard to the Sheriff’s Deputies and their union. There was no discussion. By motion of Commissioner Valentine, seconded by Commissioner Brodie and unanimously carried with a 3-0 Roll Call Vote, the Commissioners approved the MOU.

Item 2 – Board of Education Budget Amendment – Transferred $1,000,000 from Administration ($125,000), Mid-Level Administration ($130,000); Instructional Salaries Reg. ($512,500); and Special Education ($232,500) - to Capital Outlay ($1,000,000) for future building projects with the Cumberland secondary schools.

Randall P. Bittinger, Chief Business Officer, ACPS, thanked the Commissioners for their support and time in touring Washington Middle School today. He noted it was a pleasure working with the County staff (Eberly, Bennett, Frantz, Kahl, and Patterson); there is much “behind-the-scene” work that goes on. The budget amendment was approved by the BOE and needs the Commissioners’ approval to spend money in different categories than what was previously budgeted and approved by County Government. It does not impact the level of the County appropriation. The School System last year looked at staffing positions (11.8 budgeted/not filled) in trying to be good stewards of the taxpayers’ money with fewer students enrolled. That is the majority of the funds that are being moved. There is also administrative savings (i.e. travel, and a position). This $1M would be moved to school construction - the same as approved last year by the County – bringing the cumulative total to $2 M to spend on local costs (architects, future studies, furniture/equipment). He said the School Board is committed to the Cumberland secondary schools projects; we don’t know what they may be; the feasibility study will determine that; it is not being committed to any one school or any one project. It is the concept of the Cumberland secondary schools.

Administrator Eberly asked for a point of clarification – that the total amount today is consistent with the BOE letter of transmittal – with a total amount of $2M – these funds will be segregated for the Cumberland area schools – is that correct? Mr. Bittinger said “that is correct.” Mr. Eberly said it is not considered part of any rainy day fund or any other component of the Board of Education fund balance, correct? Mr. Bittinger said “that is correct, sir.”

Kevin Shaffer, 829 National Highway, LaVale, wanted to ask some questions based upon the $1 M for Cumberland schools. He said he asked specific questions of the Board of Education at a recent meeting, and they refused to answer his questions. As Dr. Root was in the audience this evening, he asked the Commissioners to direct questions to the Board of Education.

President McKay asked that Mr. Shaffer please direct all questions to the Board of Commissioners.

Mr. Shaffer said we have asked the state to provide 93% of funding for schools (specifically one high school - not two); he was concerned that our tax dollars would be wasted with a 2-school system. He asked a series of questions: Are we going to have a 2 or 3 high school system? Are these buildings going to be in Cumberland or along Route 220? What will the school name be? How big a foot print are the buildings going to be? Will Randy Bittinger release financial worksheets on the funding possibility of a 2 or 3 high school system? Per Mr. Shaffer, the BOE said they would be releasing this at their July meeting, which he plans to attend.

President McKay said he would comprise this and we will go from there.

Commissioner Valentine asked for a copy of the questions. Mr. Shaffer said he would provide this to the Commissioners.

There was no further discussion

By motion of Commissioner Valentine, seconded by Commissioner Brodie and unanimously carried, and a 3-0 Roll Call Vote, the Commissioners approved the $1,000,000 transfer.

Item 3 – Retirement Incentive Budget Amendment – Transferred $829,324 from Unexpended Fund Balance (101.7889) to cover employee retirement incentives and end-of-service pay outs from various county departments.

Jason M. Bennett, Director of Finance, said on May 31^st, we had 22 retirees as a result of the incentive offered. It cost the County a total of $829,324, and this budget amendment will spread the cost to the appropriate departments. He detailed the breakdown: $273,000 was the actual incentive offered and bonus for longevity; $496,000 is for the balances paid out; approximately $60,000 is for FICA. We are allocating to the correct departments and it will come from the “unexpended fund balance.” We had 22 positions vacated, leaving 14 open (68% of positions). The retirement incentive will be paid back within 3 months; within 6 months the leave balance will be paid back; we will break even in 9 months; we will begin saving and save about $480,000 in this FY12. It has been a good savings – and will equal approximately $3.1M in five years. He felt we did quite well with this and thanked all of the operating departments.

Administrator Eberly asked about the $829,000: Were those numbers just related to the incentive? How did the rest relate to standard County policy for retirement leave?

Mr. Bennett said the incentive alone was $273,000; the $496,000, along with the bulk of FICA costs, would have been paid out regardless at some point over the next one to ten years depending upon retirement dates.

By motion of Commissioner Brodie, seconded by Commissioner Valentine and unanimously carried – and a 3-0 Roll Call Vote, the Commissioners approved the retirement incentive budget amendment.

CONSENT AGENDA

As Recommended by the County Administrator

Vote 3-0

Human Resources & Personnel Services

Item 4 – Hartford Workers’ Compensation Insurance Contract Renewal - Approved and authorized President to sign agreement with the Hartford Insurance Co. to continue workers’ compensation coverage for FY 2012. The County will pay a $218,274 premium plus claims, a reduction of $16,603 from FY 2011.

Department of Public Works – Roads Division

Item 5 – Bid Award for Unleaded Gasoline, Ultra Low Sulfur Diesel Fuel, No. 2 Heating Oil and Kerosene – Awarded the fuel contract to the lowest bidder, Southern States Cumberland Coop, Inc., 811 North Mechanic Street, Cumberland, in the amount of $1,288,319.02.

Tax & Utility Office

Item 6 – Tax Abatement –Abated taxes in the amount of $17,454.67 to cover tax years 1997-98 through 2010-11 on uncollectable accounts. (Real estate, personal property, and corporation assessment and tax are detailed on the motion for each tax year – please see chart below).

Tax Year Real Estate Personal Property Corporations

Assessment Tax Assessment Tax Assessment Tax

1997-98 5,000 123.50

1998-99 6,250 154.38

1999-00 7,810 192.91

2000-01 9,760 240.10

2001-02 12,200 300.12

2002-03 76,530 1,882.26 11,330 278.66

2003-04 32,360 786.64 14,730 365.46

2004-05 23,510 588.17 43,250 1,082.03

2005-06 82,440 2,032.89

2006-07 10,666 104.84 175,700 4,317.48 87,090 2,140.06

2007-08 12,000 117.95

2008-09 12,000 117.95

2009-10 19,300 189.70 9,900 223.15

2010-11 227,867 2,216.42

TOTAL 281,833 2,746.86 359,020 8,808.71 238,840 5,899.10

Allegany County Health Department

Item 7 – Senior Care System Annual Plan – Authorized County Administrator to sign the State Department of Aging Senior Care System annual plan review/approval sign-off for FY2012. The Health Department serves as the Lead Agency for this program at the request of the County and administers the grant funds.

Allegany County Finance Department

Item 8 – Tourism Budget Amendment – Transferred $42,658 from Tourism Grant (6923) to Advertising & Promotion (8140) as a result of being awarded unanticipated grant funds.

Reports:

County Clerk Cathy Blank reminded the public that Code Home Rule Bill 3-11 – Re-codification and Revision of the Public Local Laws, Acts, Ordinances, Resolutions and Bills of Allegany County, Maryland – providing for maintenance of said code, etc. – was introduced last week – with a hearing set for next Thursday, July 7^th.

County Administrator David Eberly –

1. Noted there has been some informal conversation about our work sessions (typically held at 4:00 prior to our public meeting) being moved to another date. Instead of a Thursday, they may be held on Tuesdays at 5:00 in the future. An announcement will be coming out by mid-July.
2. As a follow up to their tour of Washington Middle School, the Commissioners will tour Braddock Middle School next Thursday (July 7^th) at 1:00.
3. Earlier today at the work session Mr. Eberly stated he reviewed a draft press release - Memorandum of Understanding and Departmental Reorganization (that he asked be entered into the record): As a follow up to the Commissioners’ affirmative action of Item 1 of the agenda, and as a result of the consolidation, the Bureau of Police responsibilities will return to the role originally established for it in 2007, primarily focusing on the Allegheny Highlands Trail, and building security. Allegany County Bureau of Police Chief J. Robert Dick has executed a three-year contract to serve as the County’s new Chief of the Division of Public Safety effective July 1. Bureau of Police Lt. Rodney G. Bell will remain with the County and be assigned to the new division. In addition to supporting the general duties of the new division, Lt. Bell will continue his work on grants for public safety. He will also serve as the liaison officer for Allegany County with state and federal agencies on emergency management and homeland security affairs. The new Division of Public Safety will also include the County’s Code Enforcement Program. The new division will be part of the County’s Department of Human Resources and Personnel Services under the direction of Brian P. Westfall. Please note that the consolidation of the Bureau of Police road patrol under the direction of the Sheriff and the creation of the Division of Public Safety will only include existing County personnel. Allegany County Director of the Department of Public Safety, Homeland Security & Bureau of Police Gary E. Moore, whose contract expires today, has elected to step down from his current position. Moore has been serving in this capacity for the past 18 months on a part-time basis. He declined the County’s offer for a contract extension. Moore has agreed to serve as a consultant on an interim basis as needed. Moore retired with the rank of Lt. Col. from the Maryland State Police and also previously worked in the federal government with the Departments of Health and Human Services and Homeland Security. Moore has expressed a desire to return to federal service. Richard L. DeVore, Chief of Emergency Management, will assume full-time operational duties of the department and will serve as the Department’s Acting Director effective July 1. With the consolidation of the Office of the Sheriff and the Bureau of Police, this department will be downsized. The reorganization and a new department name are expected to be finalized by September 1. The new department will retain all the remaining components and include the divisions of Emergency Management, Emergency Medical Services, and 911 Communications.

Commissioners’ statements, comments, recognition

Commissioner Brodie gave a weekly update: On Friday they attended the Lincoln Day Dinner; Saturday was the Oldtown Summer Festival; Sunday was Summer in the Park in Coney; Monday was a meeting in Coney with FHA and the Town on bridge approaches, etc. Yesterday we obtained some vehicles purchased from Penn Dot for our County Roads Division. The 3 trucks and 2 loaders are not new equipment, but will take our fleet into the 80’s and 90’s. We will continue to try to replace one truck a year.

Commissioner Valentine said Wednesday night there was a public meeting in LaVale to discuss the re-writing of their bylaws; it has been 50 years since they were updated; the Commissioners felt public meetings were needed for discussion/input and this was the 2^nd meeting on this issue; the topic will also be discussed at a future Commissioners’ public work session and public business meeting. The Commissioners and Dave Eberly toured Washington Middle School today to view their needs and see what can be done. He thanked the BOE for the opportunities to tour the facilities.

Constituents - In order of sign-up sheet (Policy explained by President McKay)

Kenneth Wilmot, 513 Fort Ave., Cumberland, was quite concerned about the animal shelter; he has spoken for the last 7 months about the problems; it is now a rescue shelter/protection agency/free pet shop. Code 117 does not allow for a no-kill policy, it is illegal. He commented on sick dogs/cats, contagious disease, cats needing to be treated like dogs with rabies tags and not allowed to roam free, etc.

John Davis, P.O. Box 256, Cumberland, asked who was eligible for the tax abatement (Item 6). Jason Bennett responded that we abate those taxes largely for businesses. They attempt to collect, but some have gone out of business. He also explained that Nextel leases property and receives an exemption from County tax on that parcel.

Kevin Shaffer, 829 National Highway, LaVale, thanked the Commissioners for meeting in LaVale. Concerning the LaVale issue, he suggested the monthly billing continue because of cash flow; he wanted the customers to have 3 months before service was disconnected; he felt 18% interest rate was too high and should be capped at 9% (based on treasury bill); he felt the payment of $50 an hour was reasonable with what other agencies receive. He then commented on LaVale campaign signs saying political speech is the most protected speech per our Assistant County Attorney; he hoped the Commissioners would not suppress 1^st Amendment rights. His third topic was Kelly Road; he questioned when it would be paved. President McKay said concerning LaVale, that would be taken into consideration when they meet in the public work session; concerning the campaign signs, it is his intention to bring this to a work session in the next 30-60 days (to hear what has happened in the past, understand the law, decide upon it when it isn’t an election year); concerning Kelly Road, he called upon Administrator Eberly. Mr. Eberly said per Paul Kahl, he is still discussing the project with the City, and we are hopeful to find out in the next few weeks. Mr. Shaffer asked if 150 feet east of the RR viaduct could be fixed; the elevation is not correct and he asked if that (puddle/runoff problem) could be corrected. President McKay thought that would be Plan B.

Brenda Castle, 13101 Mann Rd., Little Orleans, appeared on behalf of the Little Orleans students. She commented on the Board of Ed bringing our 6^th to 8^th graders back to Allegany County and the lack of the BOE to respond to questions about: bus time, ride time, no sidewalks/street lights/bus stops with other children, safety of our children, and diesel fume problems, etc. She also mentioned selling their homes, a news article, declining student enrollment (that 20 students can’t fix), school funding, Cumberland school repairs, taxes, AYP, their passion about this issue, etc.

Linda Martin, 12712 Heaven’s Lane, Little Orleans, said she and her neighbors were here again because of the children of Little Orleans and to fight for their rights. She commented on the appeal filed with the BOE and State as the parents intend to fully exercise their rights by law. She also mentioned the “No child left behind act,” AYP, etc.

Donna Wallizer, 32609 Boden Rd., Little Orleans, commented on population growth in Little Orleans, taxpayers, economics, discrimination, communication, a Cumberland Chat conversation, AYP, the Maryland report card, etc. (all dealing with Little Orleans area. A school is built from the inside, she concluded, noting that families, children and teachers do a good job to make good schools.

Kenneth Bishop, 31717 Beautiful Plains Rd., Little Orleans, commented on the Commissioners’ leadership and how he appreciated their conduct, respect and attentiveness to those who speak at the meeting.

Patricia Sweitzer, Flintstone, commented on schools, Flintstone students moving to Cumberland schools, the American War of Independence/Declaration of Independence, Constitutional rights, voting referendum, code home rule, etc. and asked the Commissioners to bring this issue to a referendum. President McKay said they have given/received dialogue about concerns, but they would try to do better.

Mr. Wilmot appeared again about the Animal Shelter, the Foundation, epidemics, employees, costs, Constitution Park, etc. President McKay said we don’t discount what Mr. Wilmot has to say; when we have a concerned constituent we try to address the problem. He directed the County Attorney to look at legalities (leashes on cats), saying we will get back with Mr. Wilmot on that. He felt Attorney Rudd had sent him previous correspondence. Mr. Wilmot then talked about Code 117, trap neuter release; the City of Los Angeles, etc. President McKay called upon Dick DeVore about qualifications of our animal shelter manager. Mr. DeVore wanted to dispel any information that Mr. Brubaker was anything less than qualified for the position of Shelter Manger saying Mr. Brubaker was selected through an exhaustive search of close to 60 candidates. He reviewed the interview process, saying Mr. Brubaker had great qualifications. He discussed the issue of the Parvo virus at the Shelter saying they are getting over this outbreak. He talked about a new shelter being more adequately suited to their mission. With reference to trap/neuter/release, he mentioned that only 1 animal (a cat) was trapped in Constitution Park and he detailed the neuter clinic process. He then reviewed the euthanasia rates. They are working diligently with rescues; a large number of animals are going outside the County; he explained the adoption procedure. Animal Control Board members Peggy McDaniel & Linda Golden have been working on cat licensure and updating the County Code. He also reviewed adoption numbers.

Patricia Sweitzer asked if the Health Department has been told about the health risk from animals in the park and felt the City or County should be responsible for this. President McKay said we have not done that, but she or Mr. Wilmot may be interested in making that contact.

Mr. Wilmot asked if the Animal Control Board would meet on the 12^th. President McKay asked Mr. DeVore to confirm that.

Reminders:

Holiday Government Schedule – Monday, July 4^th - Allegany County Offices closed; no Transit

Svc; Refuse sites closed

Next Public Work Session - Thursday, July 7, 2011 - 4:00 p.m., Room 212

Next Public Business Meeting - Thursday, July 7, 2011 - 5:00 p.m., Room 100

ADJOURNMENT:

There being no further business to come to the attention of the Board, a motion to adjourn at 6:20 p.m. was made and duly carried.