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 Barbara B. Roque; County Attorney William M. Rudd; County Administrator Vance C. Ishler; and Clerk Carol A. Gaffney. JT Green, Student Representative, was also present.
The following business was transacted:
MOTION #1
The Commissioners authorized one addition to this agenda:
Item 11 – Ordinance No. 36.
MOTION #2
The Commissioners approved the minutes of the February 5, 2004 public meeting reflecting the detailed summary of the Final Agenda.
REPORT OF THE PRESIDENT
Previous Executive Session – none.
Commissioner Stakem reported on this morning’s work session at 9 a.m. with Charles Day from the State Housing & Community Development Office who spoke on the infrastructure financing program available. Also at that time, Rick Hoover, CPA, detailed the county audit.
PRESENTATION
Item 1. County Audit – 2003 Comprehensive Financial Report – Rick Hoover, CPA, noted that with the implementation of GASB 34, there is a dramatic change to financial reporting and it is difficult to compare this to last year. Total revenues were $62.1M and expenses were $61.4M. He gave a clean, unqualified opinion. In addition, his firm also performed the single audit required when you receive federal funds giving a clean, unqualified opinion. The audit was explained in detail at this morning’s work session.
Mr. Hoover thanked Jerry Frantz and Jay George for assistance and cooperation and noted that as in the past, our Finance Office received the Certificate of Achievement from the Government Finance Association again last year. He noted this is the highest standard of government accounting.
Commissioner Stakem appreciated his work on the report, and that of the Finance Office.
Audit information will be placed on our website as soon as possible.
ACTION AGENDA
Item 2. Code Home Rule Bill 1-04: Bill entitled “An Act to Increase the Amount of Local Preference in Competitive Bidding” – to increase local bid preference from 2% to 5%. Vote 3 to 0 enacted to become effective March 28, 2004. The Clerk will advertise in the appropriate manner.
Commissioner Hutcheson reminded the public that in order to take advantage of this preference, it must be requested at bid time.
Item 3. Alhambra Catholic Invitational – Approved allocation of $3,000 from Community Promotions Account toward expense of tournament. Vote 3 to 0.
Commissioner Stakem noted this has been done for many years and Cumberland also donates to the ACIT. It is a worthwhile event that brings many people into our area.
Ed Dressman thanked the Board on behalf of the ACIT.
Item 4. Tri-State Community Health – Lease Agreement per previous MOU.
Attorney Rudd explained the agreement was entered into as a MOU several months ago. The health clinic will be adjacent to the YMCA on Kelly Road, and the lease will start March 1st, with the annual rental fee of $10.00. (Clerk will forward check to Finance)
Bill Wood, Tri-State Community Health, introduced Board members, and noted the great need for health care services for uninsured. He provided history from 6-8 years ago when St. Mary’s Clinic (for low income clients) on Oldtown Road closed; how they replicated a clinic similar to one in Hancock here in our LaVale Plaza (opening in 2002); and the need for expansion due to the number of people they serve, etc.
Commissioner Roque questioned the partnership with Allegany Health Right.
Ed Dressman, Board Member, explained how they continue to rely on their assistance.
Commissioner Roque noted AHR is more of a referral service.
Ed Wood indicated that because of this project and their move to Cumberland, they will get $550,000 in additional federal funds.
Commissioner Hutcheson said it was a wonderful project, and we were glad to assist.
Vote 3 to 0 to approve the Lease Agreement.
ADDITION: Item 11 – Ordinance #36. (Water Projects Compliance)
Attorney Rudd explained this will comply with Federal Government requirements on one of the water projects (Consol) relative to mandatory hookup of all customers to connect to public water system. The bond issue will close next week. Under the Sanitary Commission, we already have the mandatory requirement for sewerage, but the Consol project didn’t go through the commission. It requires if a public water supply is available, you will have to hook up. In the case of Consol, they already have 100% connection. It is just a formality. Vote 3 to 0 Ordinance adopted.
(See Ordinance below)
CONSENT AGENDA
As Recommended by County Administrator
Vote 3 to 0
Finance Department
Item 5. Public Improvement Bonds of 1998 – Accepted arbitrage rebate from McKennon Shelton & Henn LLP authorizing payback of approximately $189,000 and authorized Finance Director to sign IRS form 8038-T.
Economic Development
Item 6. Grant for Feasibility Study – Authorized application for $3,500 grant from state to complete North Branch Industrial Complex – Warehouse Area Structural Study by Finite Design, Inc. (RFB to provide up to $1500 local).
Sheriff’s Department
Item 7. Detention Center Budget Amendment – Transferred $45,000 from Act. 1400.7233 Boarding Federal Prisoners to 1400.9651 Capital Outlay to purchase vehicle replacing existing one and to purchase additional vehicle for Detention Center.
Appointments
Item 8. Planning & Zoning Commission – Reappointed Roger Uphold, Rawlings, and Edward T. Robinette, Flintstone to 5-year terms expiring February 16, 2009.
Item 9. Citizen Review Panel for Child Protective Services - Appointed the following as additional members: Christina Hamilton, Patricia Tichnell, Wendy Main and Kelly Allaway.
Human Resources Development Commission
Item 10. Surplus Vehicle – Declared 1994 Dodge Van (Vin# 2B7KB31Z1RK582610, mileage: 158,459) to be surplus to the needs of the county and authorized disposal in accordance with regulations. Vehicle loan to and used by HRDC for some years and no longer serviceable.
ORDINANCE NO. 36
AN ORDINANCE TO COMPEL THE CONNECTION OF PROPERTIES TO THE PUBLIC WATER SYSTEM OF ALLEGANY COUNTY AND PRESCRIBING PENALTIES THEREFORE:
BE IT ORDAINED by the Board of County Commissioners (County) of Allegany County to wit:
Section 1. The Owner of each house, building or property used for human occupancy, employment, recreation or for any other purpose situated within Allegany County in which there is now located, or may in the future be located, a public water system owned by the County, is hereby required, at his expense, to connect to said public water system in accordance with the provisions of this Ordinance within thirty (30) days after date of official notice to do so.
Section 2. The County Clerk, at the direction of the County, shall send to the owner of each property required to be connected to the public water system, a notice to proceed immediately to connect the property owned by him with the public water system. The notice required to be sent pursuant to this Section shall be sent by certified mail with return receipt requested to the last known address of the owner.
Section 3. If the owner fails to connect the property owned by him with the public water system in accordance with the notice and pursuant to Section 2, above, the County may proceed, after the expiration of thirty (30) days from the date of delivery of said notice, to have the required work done. All connections made pursuant to this Section shall be at the sole expense of the owner and without any expense or liability on the County.
Section 4. Following completion of the work, the County Clerk, at the direction of the County, shall send by certified mail, with return receipt requested, to the last known address of the owner, an itemized account of the costs for making the connection to the public water system. If the said bill is not paid within fifteen (15) days following delivery thereof, the County Clerk shall proceed to collect the amount due as now or hereafter may be provided by law.
Section 5. For the purpose of this Ordinance, the term “owner” shall be deemed to include persons who own property as tenants by the entirety, tenants in common, or joint tenants, in addition to natural persons, firms or corporations which own property in their own name.
Section 6. This Ordinance shall take effect and be deemed to be in force from the date of its adoption on this 12th day of February, 2004.
BOARD OF COUNTY COMMISSIONERS
OF ALLEGANY COUNTY, MARYLAND
BIDS
County Clerk Carol Gaffney reported on the Sale of Used Vehicles & Equipment. Bids were opened on Tuesday, February 10th, and the 34 bids were referred to Public Works for review.
Bid for Sale of Used Vehicles and Equipment
Item #1 – l978 Ford F-600 Dump Truck 69,010 miles
Item #2 – l981 Dodge ¾ Ton Pick up – 132,337 miles
Item #3 – l984 Ford Econoline Van – 143,919 miles
Item #4 – 1986 GMC Pick up – 59,918 miles
Item #5 – 1987 GMC Bus – 49,097 miles – (Corrected mileage is 149,097)
Item #6 – l987 Ford Window Van – 106,048 miles
Item #7 – l990 Acura Sedan – 74,132 miles
Item #8 – 1990 Ford Ranger 4x4 Pick-up – 243,468 miles
Item #9 – l992 Dodge Van – 86,332 miles
Item #10 – 1994 Ford Taurus Sedan – 74,380 miles
Item #11 – l994 Ford Crown Victoria – 216,999 miles
Item #12 – l977 Sull Air 125 Compressor
Item #13 – l994 8’ Pick-up Bed Liner
Item #14 – l969 International Track Loader – 6,749 hours
Item #15 – 1 Lot Steel Voting Machines (124 machines at 690# each)
Bidder
No. 1 - Athey, Bill, Jr., 14304 Uhl Hwy, SE, Cumberland, MD 21502--301-759-3479
No. 2 - Ault, Eugene, 412 Kean Ter., Cumberland, MD 21502—777-8974
No. 3 - Bender, Kevin S., 16701 Pleasant Walk Rd., Oldtown, MD 21555—301-478-5783
No. 4 - Bennett, Robert, 22323 McMullen Hwy., Rawlings, MD 21557—301-786-4481
No. 5 - Boore, Gary W., 12918 N. Cresap St., Ste #59, Cumberland, MD 21502—301-729-3710
No. 6 - Brabson Salvage & Demolition, Rt. 1, Box 535A, Ridgeley, WV 26753—304-738-1591
No. 7 - Cross, Butch—301-724-3660
No. 8 - Dolan, Meridith, Box 16105, Oldtown, MD 21555
No. 9 - Ecyard, Joseph, 344 Log Cabin Lane, Bedford, PA 15522—814-356-3092
No. 10 - Evans, Ben, 22818 Seldom Seen Rd., Lonaconing, MD 21539—301-463-6794
No. 11 - Flanagan, Tony, 1157 Meyersdale Rd., Grantsville, MD 21536—689-3475
No. 12 - Friend, Harry, 1460 Deal Rd., Meyersdale, PA 15552—814-634-8849
No. 13 - Fuller, Greg, 11022 Arizona Ave., LaVale, MD 21502—301-759-2568
No. 14 - J&D Trucking, 13506 Upper Georges Creek Road, Frostburg, MD 21532—301-463-5276
No. 15 - Jones Garage & Salvage, 11401 Brown Hill Rd., NE., Cumberland, MD 21502—724-4797
No. 16 - Kimble, Brent, Rt. 1, Box 169, Keyser, WV 26726—301-268-4093
No. 17 - Layman, Ronald, 12416 Old Mt. Pleasant Rd., NE, Cumberland, MD 21502—777-0349
No. 18 - Leasher, Wilford S., 127 Old Salisbury Rd., P.O. Box 376, Grantsville, MD 21536—301-895-5773
No. 19 - Lindner, Bryan, 1035 Frederick St., Cumberland, MD 21502—722-5212
No. 20 - Miller’s Quality Recycling, 167 Warmuth Lane, Bedford, PA 15522—814-623-2100
No. 21 - Miller, Greg, 710 LaVale Terrace, LaVale, MD 21502—301-729-3551
No. 22 - Milleson, Roy (Milleson Stock Farm, Inc.) P.O. Box 400, Springfield, WV 26763—304-822-8307
No. 23 - Puffinberger, Roger, T. Rt. 127 Used Auto Sales, HC 34, Box 127 A2, Bloomery, WV 26817—304-856-2311
No. 24 - Queen City Metals, 220 King St. Cumberland, MD 21502—301-777-9600
No. 25 - Ralston, Jerry, 12001 Messick Rd., Cumberland, MD 21502—301-724-2069
No. 26 - Rebar Trucking, 213 Smoot St., Westernport, MD 21562--301-359-9752
No. 27 - Richards, David, 118 Grant St., Frostburg, MD 21532—301-463-6523
No. 28 - Richards, Ed, 12215 Amherst Ave., Cumberland, MD 21502—724-1701
No. 29 - Rosenberger, Bernie (Trucking) 301-689-5552
No. 30 - Shipe, Jesse, 14800 Cresap Mill Rd., SE, Oldtown, MD 21555—301-478-5445
No. 31 - Taccino, Michael, Jr., 13409 Valley Rd., Cumberland, MD 21502—759-4441
No. 32 - Taccino, Tom, P.O. Box 3282, LaVale, MD 21502 – 707-6552
No. 33 - Turano, John, 204 Cole St., Cumberland, MD 21502—724-4414
The figures shown on the bid tabulation page represent bid sheet figures as received and do not represent any county tabulation or verification of the amounts listed. Bids were opened by Clerk Carol A. Gaffney in the presence of Cathy Blank, Office Associate for the Commissioners’ Office. Various bidders also attended. Mr. Greg Fuller questioned the mileage on Item #5. This was checked with the Department of Public Works and confirmed to be 149,100. The bids were referred to Public Works for review and recommendation back to the Commissioners.
Please see following page for bid tabulation sheet
DISCUSSION
County Administrator Vance Ishler thanked Jerry Frantz and the Finance Department for exceptional job on behalf of community relative to budget/audit.
Commissioner Hutcheson reported on the recent MACo meeting with the Director of Policy Analysis giving a financial report. It is dismal at best, as they anticipate $900 M gap to be made up from various sources depending on what makes it through the legislature. We are asked to pick up more functions of state that they previously funded. It will be a very tough year again. Speaker Bush will attend next week’s MACo session.
Commissioner Roque noted she was also in Annapolis where the college is trying to get more state funding. Concerning the weather, she offered her congratulations on snow removal efforts by county workers.
Commissioner Stakem said while in Annapolis they met with four Delegation members, and these meetings continue to be very worthwhile. He briefly explained the MACo education subcommittee’s views on school construction legislation with possibility of combining option 8 with HB1. This is very complicated and we will try to keep on top of it.
Student Representative – J. T. Green had no comments.
Dr. Eileen Steele said she previously spoke about the gaming issue. After the raids last week she felt the need to speak out again. Evidently, their voices have not been heard that the gaming bill wasn’t done correctly (didn’t include video machines). Dr. Steele complained that the inspectors told her there are many machines. She questioned the “gaming machine protocol.” Some bars are raided while others aren’t. Some were told by a Commissioner (Stakem) that they can put the machines back as long as they are not used for gambling but “just for fun.” If they have no payout why would people put money in them?
Commissioner Stakem said the Commissioners do not inspect illegal gambling; the county is responsible only for paper gaming. We have no control over the State’s Attorney, C3I or the state and local police departments. The Board has neither information to “tip” off anyone nor any legal authority in this matter.
Dr. Steele asked if Commissioner Stakem said they could keep the machines.
Commissioner Stakem responded the Board had no such authority over this.
Dr. Steele felt this was within their purview and they should take action.
Attorney Rudd clarified that the State’s Attorney is the only official who can prosecute a criminal offense, and the only person who can arrest for a criminal violation is a sworn law enforcement officer. The State’s Attorney would have to provide the answer as to why they went where they did. We don’t employ any of those people. The Sheriff is an independent person; his department, along with State or City police can enforce criminal laws. The Commissioners and the County Attorney cannot. Attorney Rudd encouraged her to pick up the phone and call in violations to the above agencies. He said we can only provide civil fines for those violating the paper gaming law and our inspectors have no obligation to report anything other than paper gaming activities. The problem we had in the past was we had a State’s Attorney who is now retired who said he was not going to enforce the gambling laws and that created the mess we have today. The new State’s Attorney is apparently trying to enforce those laws. You have to ask him how he decided what bars to go to or the police who were involved. We didn’t know about the raid until we read the newspaper. Attorney Rudd gave further details about witnessing a criminal offense, obligation to reporting such activities, and how we cannot enforce anything except the paper gaming law (in accordance with the way the bill is written).
Commissioner Stakem noted that Commissioner Hutcheson would be attending the Shriner’s Hospital Board meeting next Thursday in Philadelphia; he has been serving on this board for six years; it is a great community service. Hence, our next public meeting would be on Friday next week.
Reminders: Next Work Session – Friday, February 20 at 9 a.m. in Room 212
Next Public Meeting – Friday, February 20 at 11:00 a.m. in Room 100
ADJOURNMENT:
There being no further business to come to the attention of the Board, a motion to adjourn at 11:40 a.m. was made and duly carried.