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Tuesday, July 12, 2011

July 12, 2011 Allegany County Work Session


County Commissioners are shown preparing for Work session

County Commissioner
Work Session.

From Allegany County News reports.

Before the meeting began. Dave Eberly County Administrator proclaimed the Tuesday Work Session to be a experiment to see if it works.

Not much on the county work session agenda. On the agenda was 2 items.

1. Was the PlanMaryland Initiative Update - Phil Hager, Planning Coordinator.

2. LaVale Sanitary Commission Code Update - William Rudd, Esq. and Nick Monteleone, Esq.

PlanMaryland Iniative Update was presented to the county commissioners by Phil Hager. Phil Hager gave around 30 minutes of discussion. Some of the discussion on where Allegany County if the PlanMaryland Iniative is signed by the Governor then rural counties like Allegany may not see any development including the possible 220 Corridor. What will happen with this PlanMaryland is that the counties may no longer have any say in planning without consulting with the state plan first.

Lavale Sanitary Commission might within a few months be allowed to bill its customers monthly. Although this reporter didn't stay for the rest of the time. This reporter also can gladly say that changes are coming very soon in the next few months.

Otherwise I have no further reports to report on involving this work session


No Word Yet On Parents' Appeal

From WCBC 1270 AM Radio

No word yet on a group of parents’ appeal of the Allegany County Board of Education’s action to phase out the Washington County option- however a decision should be made in short order given that the new school year begins next month.                                                                     
A group of Little Orleans parents have appealed to the State Board of Education- claiming that the local board not allowing their middle school children to attend school in Hancock is a violation of the federal No Child Left Behind act. It’s an issue that began with the local school board, and then saw both the County Commissioners and Delegate Leroy Myers intervene. Myers tells WCBC News that its clear there could have been better communication between all parties in handling this issue...
Source: http://www.wcbcradio.com/index.php?option=com_content&task=view&id=20947&Itemid=35

Minutes from the June 30 Allegany County Commissioners meeting

http://gov.allconet.org/bcc/minutes.htm Just click on June 30,2011 Minutes

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 31st, 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 3-11Re-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 7th.

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 7th) 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 2nd 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 1st 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 6th to 8th 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 12th. President McKay asked Mr. DeVore to confirm that.
Reminders:
Holiday Government Schedule – Monday, July 4th - 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.

Board of Education minutes from May 10, 2011 Work and Regular Session

ALLEGANY COUNTY BOARD OF EDUCATION
Tuesday, May 10, 2011
5:00 p.m.
Central Office
WORK SESSION
MINUTES (UNAPPROVED)
The Board of Education of Allegany County met in a work session Tuesday, May 10, 2011, 5:00 p.m. at the Central Office, 108 Washington Street. Present were Mr. Mike Llewellyn, President; Ms. Sara-Beth James, Vice President; Mrs. Laurie Marchini, Mr. Jeff Metz, and Dr. Edward Root, Members; Ms. Chavi Rehani, Student Board Member; Mr. Michael McKay, Ex-officio; Mr. G. Gary Hanna, Board Attorney; and Dr. David A. Cox, Secretary-Treasurer/ Superintendent.
Read Closed Session Summary from April 12, 2011 Executive Session
Dr. Cox read the closed session summary of the April 12, 2011 executive session.
Constituents
Mr. Ed Taylor, president of the Cumberland Historic Cemetery Organization, addressed the Board concerning two copies of a 1796 George Washington portrait that were donated to the Board in February for placement in Braddock and Washington Middle schools. He questioned why the transparent seal for the Cumberland Historic Cemetery Organization located at the bottom of the portrait had been covered (copies of the seal were distributed to the Board).
Mrs. Kimi-Scott McGreevy was signed up to speak but requested to speak when the Capital Improvement Plan is discussed.
Maintenance/Construction Update
Mr. Jay Marley, Supervisor of Maintenance/Construction, updated the Board on the following projects:
Greenway Avenue Stadium – track has been re-striped; concrete issues will be addressed once school functions/events are complete.
Mountain Ridge Stadium – work has started on entrance building, expected to be completed in early August; issues with some structural fill of a field being used for soccer practice are being addressed; scoreboards for baseball and softball will be installed this week, weather permitting.
West Side Bus Drop Off – preconstruction meeting was held May 4, contractor is tentatively scheduled to begin work Monday, June 13 and project should be completed before the return of students in the fall.
Fort Hill Roof Replacement – the job has been designed, drawn-up, specified and ready to go to bid, with the IAC for their technical review and also funding review with the Board of Public Works at their May 18 meeting, tentatively.
South Penn Elementary Addition – received approval from the IAC, contracts signed and issued and will start mobilizing this month.
Westernport Elementary playground – bids will be advertised and will hopefully be on June agenda.
Air conditioning in elementary schools – electrical circuits had to be installed, now the units are being installed; Northeast installation is complete, started installing units at Parkside, will move to the second and third floors of Westernport.
Automatic heating ventilation projects – have started the design for George’s Creek and will be installing it in June.
MINUTES – MAY 10, 2011 – 5:00 P.M. PAGE 2
Feasibility Study for Cumberland Secondary Schools – project is progressing, meeting with architects was held April 28, next meeting is scheduled for May 12 and final presentation to the Board is scheduled for the July meeting.
Flooring projects – approximately 40,000 square feet of flooring will be replaced this summer at a cost of around $100,000.
With regard to the residue from the Greenway Avenue Stadium project, they are looking for a use for the light towers, if possible; the scoreboard not sure of; there are some construction remnants that will be removed.
Energy Update
Mr. Dennis Read, Energy Coordinator, provided an energy update. The primary goals are to eliminate energy waste, save dollars, and maintain comfort in occupied areas. Breakdown of utilities for the 2010 calendar year shows the following cost/percent: 63% electricity, 19% natural gas, 11% heating oil and coal and 7% water and sewage; a total actual cost is $2,429,931. Cost avoidance is dollars the system avoided spending due to the implementation of energy management activities. The total cost avoidance for 2010 is $554,746; the total cost avoidance from January 2003 to March 2011 is $5,597,141.
Calculating Graduation Rate (Leaver & Cohort)
Ms. Marsha Miller, Testing and Accountability Coordinator, presented an explanation of the new calculation for graduation rate, known as the adjusted cohort rate. Previous to this year, the graduation rate was calculated using a Leaver rate formula. This calculation was not accurate in that students were not tracked throughout their high school years. Graduation rate using the Leaver rate was a look at graduates in a given year. Last year, 2010, was the first year that in addition to Leaver rate, the graduation rate was calculated using the adjusted cohort rate. Both rates were published on the http://mdreportcard.org site.
The four-year adjusted cohort graduation rate for the Allegany County Public Schools Class of 2010 is 86.27%, approximately three percentage points below the Leaver rate and approximately six percentage points above the state rate of 80.66%. Beginning in 2011, the cohort graduation rate will be used as the other academic indicator in determining AYP at the high school level.
The four-year adjusted cohort rate is defined as the number of students who graduate in four years with a regular high school diploma divided by the number of students who form the adjusted cohort for that graduating class. An adjusted cohort means students who enter ninth grade and any students who transfer into the cohort in grades nine through twelve minus any students who transfer, emigrate, or pass away.
The ACPS Class of 2010’s starting cohort included 766 students and 641 diplomas were earned. 149 students transferred into the cohort, 170 students transferred out of the cohort, and two students passed away making the four-year adjusted cohort 743 students.
A common misconception is that all students who are not four-year graduates are drop-outs, when in fact, students classified as non-graduates are special education students who complete their IEP program and are awarded a Certificate of Completion; students who do not meet graduation requirements in four years and return to complete their program; and drop-outs.
In Maryland, Hispanic, FARMS, special education and ELL students have lower cohorts than Leaver rates as it often takes these students more than four years to graduate. In Allegany County, special education and African American students have lower cohort rates.
MINUTES – MAY 10, 2011 – 5:00 P.M. PAGE 3
CIP (Capital Improvement Plan) Discussion
Mr. Randy Bittinger, Chief Business Officer, noted Mr. Vince Montana, Director of Facilities, has a medical issue and was not able to be present for the meeting; in the absence of Mr. Montana, Mr. Bittinger reviewed the process timeline for capital improvement projects. Renovations to both Braddock and Washington Middle Schools have been in the Capital Improvement Plan (CIP) for the last few years.
In 2009-2010, a committee, led by Eperitus from Virginia, conducted a Utilization Study of the Cumberland Secondary Schools. The recommendation of the committee to maintain four secondary schools (two middle and two high schools) in Cumberland was accepted by the Board of Education in August 2010 and at the recommendation of staff, the Board voted to convene a feasibility study that is required by the state. A feasibility study is required if a school system proposes to build a new facility or tear down more than 40% of an existing building.
In September 2010, the Board voted to accept a capital improvement plan that is submitted to state government and is the basis of the capital improvement request to the county government. The CIP included, for the first time, the renovation/replacement of Allegany High School at an estimated cost of $23 million in county dollars. This was an estimate based on a 170,000 square foot building. The state participation in the cost of renovating/replacing a school looks at the projected enrollment out five years; therefore, based on projected enrollment, the state would participate in the cost of a 110,000 square foot school.
In January, Board staff met with and submitted three projects in alphabetical order to the County’s CIP Committee. Projects were placed in alphabetical order because the Board is awaiting the results of the feasibility study.
Proposals for a feasibility study were solicited and Grimm and Parker was approved by the Board to conduct a feasibility study. The study is progressing and it is anticipated the results/recommendations of the feasibility study will be presented to the Board in July.
Following the overview of the CIP process, Mrs. Kimi-Scott McGreevy, constituent and member of the committee for the Utilization Study of the Cumberland Secondary Schools, expressed concern with the way the County presented the request for Allegany, Braddock and Washington in the County CIP Plan, in that they were all lumped together so there was a grand total of $101 million project for schools and the claim of what the local cost of the $101 million price tag. The county is claiming the county’s cost share would be $43.8 million, which is 43% of the total of the $101 million. The Board of Education has a 93-7 funding formula with the state of Maryland and $43.8 million is nowhere close to what the local cost would be. The information is false and it is creating a very false sense of "we’re not even going to look at these projects because it’s just way too expensive." When Mountain Ridge was built there was a 90-10 funding match. That was a $44 million project; the Board used a total of approximately $11 million in local funds, which was 25% of total project cost because there are school construction costs the state does not cover (e.g. athletic fields, furnishings, etc.). She appreciates the school Board trying to address this and hopes the county steps up to the plate and makes these corrections.
The Board discussed at length the CIP, clarifying the process, the estimated cost, the need to have all three projects listed on the County CIP, the state funding formula, the narrow window of
opportunity the specific funding formula will be available to the Board of Education, the current condition of Allegany High and the county’s debt service.
The results/recommendations of a feasibility study are not currently available. The $23 million estimate is based on 170,000 square feet; Allegany High is almost 174,000 square feet. The state funding formula looks at projected enrollment 5-7 years out and uses a per student allocation. Based on projected enrollment, the state would only participate in the cost of a 110,000 square foot building; anything over
MINUTES – MAY 10, 2011 – 5:00 P.M. PAGE 4
110,000 would be local cost. In building a 110,000 square foot school, the $23 million estimate would be reduced dramatically.
The current 93-7 funding formula rate is available for approximately the next three years; then it will be re-evaluated; it could go up, down or remain the same. The determination of the split is based on some of the same factors that resulted in a reduction in state aid to Allegany County this fiscal year. The formula is for eligible cost, not total cost. The funding formulas are found in COMAR in the Board of Public Works section, Article 23. The 93-7 formula split is the best the county has had in history. The funding formula split varies from county to county; currently most counties have a 50-60% for state participation.
It’s felt that Allegany High is beyond renovation; renovation is problematic. The current site does not meet state standards and to make the site meet state standards would be prohibitive for the county. The reason there is ample or extra square footage at Allegany is in part due to the inefficiencies involved in the design of the school. There are three third floors and none of them connect.
Mr. Llewellyn spoke about the county’s debt service; they try to maintain a debt service of about $5 million. It may go up based on the consumer price index. It looks like over the next six years they are going to go to $6 million a year, debt service. The county just got a better bond rating because they are paying off debt. He saw that the county’s debt service drops off in 2013 and there’s actually room for the county to take on a project. He was surprised of the staff’s recommendation at the county that they would not have any projects until 2016. He realizes the capital improvement plan can change from year to year but the Board is never going to get approved state funding if they don’t ask for the funding. He encouraged the Commissioners to look at the project(s) and thinks Allegany County can afford to start a school in 2013 and the county could possibly do two $10 million capital improvement projects with schools over the course of the next 10 years based on what he is seeing with the county’s debt service payments.
In response to comments made, Commissioner McKay commented the $43 million figure was supplied to the county by the Board; the feasibility study has not been released so they are not sure of the recommendations; the Board of Commissioners, under no circumstances, is taking away the authority of the Board of Education to determine how schools are built in the county; all the Commissioners can do is say what they can afford. He believes the
Times-News article said it was a "staff recommendation;" the Board of Commissioners has not voted to accept it. He further commented the issue of why Allegany was not on last year’s CIP had been raised; Mountain Ridge has not been paid off yet. The county has two bonds, 30 year notes, $5 million each, and the County is aggressively trying to get those paid off in 20 years. Currently, of the $5 million bond, the county is paying $1.6 million towards board of education projects. The Commissioners are not saying they are not going to fund any of three projects; the reality is that one project should get done, the county can afford to do one, but what is it? The projects were requested in alphabetical order. He disagrees that they were just the three in alphabetical order it was all the projects that were requested on the CIP in alphabetical order. There is an economic downturn and the Board was originally faced with a $6.5 million deficit that they had to backfill. At the county, for the last four years, they have had approximately a $5 million total. What is going to happen next year? If the county commits to all three projects . . . he understands that that is not realistic, but if the county goes on record, who’s to say what is going to happen next year. The pensions are coming. The TMDLs (total maximum daily loads) are coming down, the state is passing that on to the local share, it’s to clean up the bay which is a federal government requirement which is passing on to the state which is then passed on to the counties. Anne Arundel County has estimated that their cost, it’s just a target and it is a large county, is $1.2 million of local funding they will have to pay; Caroline County estimates $20 million. He does not think it is prudent to take $3 million and add it to the $1.6 million that the county is already funding; that would be $4.6 million of a $5 million ceiling. The Commissioners have not voted on what their debt service is going to be, but in his mind it needs to be a threshold of around $5 million because they do not know what is coming down the pike. When the feasibility study is complete, they will look at putting Allegany and the two middle schools on their CIP. Since the Board is not going to have the
MINUTES – MAY 10, 2011 – 5:00 P.M. PAGE 5
Feasibility Study recommendations until July, he agreed it would be a good compromise, if possible, to wait until July to vote. Regardless of the date, the Commissioners are willing to work with the Board to submit the CIP, but he thinks there needs to be some form of MOU . . . we don’t want to miss the boat on this great opportunity, but also on the same token, he does not want a year from now, when the TMDLs or the teachers’ pensions come along, for the Board of Education to say "you already put it in there, you said you would give us $3 million a year for this."
The Board members reiterated that by the County not including the projects on their CIP sends a message to the Board of Public Works that Allegany County is not doing any schools until after 2016, so forget about us. There are counties giving money back to the Board of Public Works but Allegany County is in a position where it has a 93-7 split for funding and debt service. If the county’s CIP is void of educational projects, the Board might as well stop the feasibility study now, because the state will bump the school system off the radar. The school system is always contending with Montgomery, Prince George and Howard County; these systems have students in trailers because they have not built schools. Allegany County is in the opposite direction, we have a stabilized population now according to the study that says we are going to need our buildings but our buildings are starting to fall down. If something is not done about Allegany High, it will fall down. All the Board is asking is to be on the County’s CIP; if the project(s) are not on the CIP, the process stops. The "window" is lost for at least a year, maybe two; it gives the impression to the state of Maryland that the county is not serious about capital improvement projects. The Board feels they are on the "radar;" Dr. Lever, Executive Director of the Board of Public Works, made a point to come to Allegany County to meet with Dr. Root, Mr. Llewellyn and others to go over some creative funding mechanisms . . . the Board is on their radar and they want to stay on their radar, because it’s hard to get on there and once you’re off, you’re off. The Board is not asking the County to budget the money, they’re asking the County to say Allegany County aspires to build these schools, so the Board can go down state and say as a county we want this; these are our capital improvement priorities. This is not a "wish list," but a necessity. These three schools need remodeled. It’s got to be done in a reasonable period of time, not one year, two year, three years, certainly because the Board is never going to get state money to do all of it. It’s important to get all three of these projects on the county’s list so it goes down state. It doesn’t commit the county until the state makes the offer, but the problem is if you’re not on the list. The competition is so intense for the money. The Board asked the county to do its best to get to get all three projects on the list, spread them out with a year or two years between them but at least give the Board the opportunity to have some advantage of getting state funding. The 93-7 split will not be there forever and right now Allegany County has the most favorable percentage in the state. The Board is willing to work with the County Commissioners to come up with something that is feasible.
Commissioner McKay noted that the Board of Education projects are not the only capital improvements for the county. He thinks in the next three years one project will come to fruition, but what project will be determined by the Board. He suggested Mr. Bittinger, Mr. Jerry Frantz from the county, and others meet, decide what exactly of the $43 million is a good number and the priority of projects.
Dr. Cox reiterated the reason the projects were submitted in alphabetical order was the Board wanted to have the benefit of the feasibility recommendations; they wanted to include all the projects that were necessary. The Board will not be able to give a priority ranking until they have the full benefit of the feasibility study.
Mr. Bittinger stated eight projects were submitted in the following order: Fort Hill Roof Replacement Phase 1; Fort Hill Roof Replacement Phase 2; Westmar Middle Roof Replacement; Allegany High Reno/Replacement; Mount Savage Roof; Braddock Middle Renovation; Washington Middle Renovation; Northeast Elementary Gym Addition. The only alphabetical portion applied to Allegany, Braddock and Washington and that was done as not to let one community say they won and the others lost.
MINUTES – MAY 10, 2011 – 5:00 P.M. PAGE 6
Mr. McKay extended an invitation for the Board members to attend the County Commissioners’ monthly meeting; one Board member could attend a meeting every five weeks. He tends to believe, unfortunately, what was written in the paper, was not exactly what was presented as staff recommendation and thinks that is what got a lot of people upset. It would be wonderful to have one Board member attend the Commissioners’ meetings and hear "from the horse’s mouth."
Mr. Llewellyn announced the Board will table the remaining agenda items and determine if they will be on the business meeting or on next month’s agenda. He then announced the work session was adjourned and the business meeting would start at 7:30 p.m.
Items tabled: First Reading of Gangs, Gang Activity, and Similar Destructive or Illegal Group
Behavior policy (JLDBA); Review Policy Regulations for Library Materials Selection and Adoption (IJL), Student Schedules and Course Loads (IIE), Public Charter School (IHBF), and Board Meetings (BE)
President
________________________
Secretary-Treasurer
BOARD OF EDUCATION OF ALLEGANY COUNTY
Tuesday, May 10, 2011
Central Office
7:00 p.m.
BUSINESS MEETING
MINUTES (UNAPPROVED)
The Board of Education of Allegany County met in a work session Tuesday, May 10, 2011, 7:30 p.m. at the Central Office, 108 Washington Street. Present were Mr. Mike Llewellyn, President; Ms. Sara-Beth James, Vice President; Mrs. Laurie Marchini, Mr. Jeff Metz, and Dr. Edward Root, Members; Ms. Chavi Rehani, Student Board Member; Mr. Michael McKay, Ex-officio; Mr. G. Gary Hanna, Board Attorney; and Dr. David A. Cox, Secretary-Treasurer/Superintendent.
SUPERINTENDENT’S REPORT
Recognize Student Salute Winners
Each year, in cooperation with the Allegany Chamber of Commerce, Frostburg State University, and WCBC Radio, three students are selected and recognized as Student Salute winners. This year Kayla Palmer, Allegany High School, is the recipient of a $5,000 scholarship for Frostburg State University. Jake Reed and Jessica Ray from Fort Hill High School are recipients of $500 scholarships for Frostburg State University.
Present Proclamation recognizing May 15-21 as Pupil Personnel Worker Week
In recognition of May 15-21 being Pupil Personnel Worker Week, Ms. James presented a proclamation to Mrs. Sheree Witt, Director of Students Services/Special Education.
CONSENT AGENDA
On a motion by Dr. Root, seconded by Ms. James and passed unanimously (Mr. Metz was out of the room when the vote was taken), the Board approved the items on the Consent Agenda.
Item 1 Approve Minutes for:
April 12, 2011– Work Session (5:00 p.m.)
April 12, 2011 - Business Meeting (7:00 p.m.)
Item 2 Approve Routine Personnel Actions for the period of April 1 through April 30, 2011.
Item 3 Receive School Construction/Maintenance Report for the period of April 1 through
April 30, 2011.
Item 4 Receive Information Technology Report for the period of April 1 through
April 30, 2011.
Item 5 Approve waiving employee health care premiums for the pay of June 8 and
June 22, 2011
Item 6 Approve bid for repair and replacement of asphalt.
Item 7 Approve donation of equipment to Allconet.
HEARING OF CONSTITUENTS
The following constituents spoke concerning students living in the Little Orleans area being allowed to continue attending school at Hancock (Washington County): Kim Appel, Misty Clingerman, Craig Appel, Beverly Appel, Alesia Abell, Jennifer Fox, Debbie Feuti, Jamie Martin, Linda Martin, Melissa Purnell, Lisa Purnell, and John Davis. Information was distributed to the Board concerning a study conducted in New Jersey "to evaluate the relative contribution of emissions from both the crankcase and the tailpipe to incabin levels of fine particles in school buses . . ."
MINUTES – MAY 10, 2011 – 7:30 P.M. PAGE 2
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
Items that were not covered on the work session agenda due to the lack of time were moved to New Business.
First Reading of Gangs, Gang Activity, and Similar Destructive or Illegal Group
Behavior policy (JLDBA)
Mrs. Sheree Witt, Director of Student Services/Special Education, presented as a first reading the policy for Gangs, Gang Activity, and Similar Destructive or Illegal Group Behavior. This policy is being provided in accordance with the Safe Schools Act 2010 in which the state of Maryland has issued a policy for the state and is requiring the 24 school systems within the state to issue a similar policy. On a motion by Dr. Root, seconded by Mrs. Marchini and passed unanimously, the Board accepted the first reading of the policy.
Regulations for Library Materials Selection and Adoption (IJL)
Mrs. Lisa Stevenson, Coordinator of Media Acceleration and Enrichment, presented for the Board’s review the regulations for the policy on Library Materials Selection and Adoption.
Regulations for Student Schedules and Course Loads (IIE)
Mrs. Witt, Director of Student Services/Special Education, presented the regulations for the policy for Student Schedules and Course Loads. Mrs. Marchini asked if a student takes a course, fails it and takes it again and passes, is the failed graded calculated in their GPA? Discussion ensued and it was determined the issue is better addressed/regulated in the Evaluation of Students policy (IKA). This concern will be addressed by the Policy Committee.
Regulations for Public Charter School (IHBF)
Mr. John Logsdon, Supervisor of Federal Programs, reviewed revisions to the Public Charter School policy. Revisions are being made based on experience with the last application, recommendations from Board Council, and Charter School law that was passed throughout the state this past winter. Mr. Logsdon and other liaisons throughout the state are working on a uniform application for charter schools. They will be working on it throughout the summer. Board members noted they found a typo and had some non-substantive suggestions for the policy.
Board Meetings (BE)
Dr. Cox, referring to the regulations of the policy for Board Meetings, section on Closed Session, suggested adding "elected members of the" in front of the word Board.
Mr. McKay asked if that pertained to him attending executive session and if so, he would have to talk with legal counsel. He suggested legal counsel for the Board and County, Mr. Hanna and Mr. Rudd respectively, discuss the matter.
Consider second reading of policy for Collection of Money from Students – Meal Charges (File: JQA).
Mr. Randy Bittinger, Chief Business Officer, presented the second reading of the policy for Collection of Money from Students – Meal Charges. On a motion by Ms. James, seconded by Mrs. Marchini and passed unanimously, the Board accepted the second reading of the policy.
Vote to meet in Executive Session June 14, 2011 (as necessary).
The Board voted to meet in executive session June 14, as necessary, on a motion by Dr. Root, seconded by Mrs. Marchini and passed unanimously.
MINUTES – MAY 10, 2011 – 7:30 P.M. PAGE 3
REPORTS OF SPECIAL OR ADVISORY COMMITTEES
There were no reports.
RECOMMENDATIONS OR QUESTIONS FROM INDIVIDUAL BOARD MEMBERS AND STUDENT BOARD MEMBER
Mr. McKay asked permission to present a county flag to each individual school. He would like to provide six a year, deliver the flag to the principal and make a small presentation.
Mr. McKay noted Marcellus shale is a hot topic for possibly Garrett and especially Allegany County. The county has a funding issue with Marcellus shale; it’s approximately 7.5%. The county is looking at 2.5% going to the municipalities, cities and towns to help them, but it is his recommendation that the remaining 5% go to education overall. He does not believe the Board of Education or the Board of Commissioners have a spending problem; they have a revenue issue and Marcellus shale is a revenue issue the county is looking forward to, just as coal was 100 years ago. He reiterated that he will recommend 5% go toward education and he is hoping that will be approximately $1.5, if not $2 million. It is probably going to be a couple years out, but it is going to be the commissioners’ recommendation to make it policy that the revenue goes to education. The revenue is from the tax on each individual gas well. There is a local tax of 7.5% that is on the books and has been for 40 years. The county is looking for some revenue that they have not been collecting over the years on the natural gas wells that are already here.
With regard to the recent bill that passed allowing slots at Rocky Gap and the anticipated revenue, the county believes the recording of the deed will be in July, will probably see construction right away, probably will not see the slot parlor immediately, but will definitely see some big changes there. Rocky Gap is going to have to do between $12-15 million worth of upgrades and they are talking about a $30 million slot.
ANNOUNCEMENTS/COMMENTS
There were no announcements/comments
ADJOURNMENT
The meeting adjourned at 8:50 p.m.
President
________________________
Secretary-Treasurer