April 23, 2004

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; Commissioners Robert M. Hutcheson and Barbara B. Roque; County Attorney William M. Rudd; County Administrator Vance C. Ishler; and Clerk Carol A. Gaffney.  JT Green, Student Representative, was absent. 

            The following business was transacted:

MOTION #1

There was one addition (Item 19) and one deletion (Item 8)  to the agenda.

MOTION #2

 

The Commissioners approved the minutes of the April 8,   2004 public meeting reflecting the detailed summary of the Final Agenda.

 

REPORT OF THE PRESIDENT

Previous Executive Session – Commissioner Stakem reported that an Executive Session was held April 23 at 10:00 a.m. attended by 3 Commissioners, our Attorney, our Administrator and Secretary Ginnie Schry to discuss a legal matter.  Dave Eberly attended part of the discussion.   

 

PRESENTATION

Item 1. Proclamation – “GFWC Federation Day” – Joyce Race, Junior Women’s Civic Club and Peg Gillum, Regional President accepted on behalf of the General Federation of Women’s Clubs.  Mrs. Race thanked the Board for honoring them.

Item 2. Proclamation – “Workers’ Memorial Day” – Jim Bestpitch, AFSCME, accepted and thanked the Commissioners for participating the last three  years in this recognition.  With fiscal restraints, less emphasis is placed on safety measures however this should be a first priority.    He continued that we need to maintain worker safety. 

 

ACTION AGENDA

Item 3.  Allconet2 Phase II Project – Approved final application to US Dept. of Agriculture-Rural Development for $25,000 grant toward Phase II ($1.225 Million) – Rich Harris explained this was the last of 8 applications totaling $3 Million.  Vote 3 -0 to approve the application.    

Item 4.  Upper Potomac Industrial Park Flood Protection Project – Signed Amendment to Award to accept additional $696,000 in Federal grants from EDA and ARC toward project.  Rich Harris explained that we were able to acquire this additional funding and they would talk more about this at the CIP meeting.  Administrator Ishler commented that this action would mean an additional  local commitment of $265,500.  Mr. Harris commented that Finance has identified where they money will come from.  Vote 3-0 to accept the grant.

 

CONSENT AGENDA

As Recommended by County Administrator

Vote of 3 to 0

 

Public Works Department

Item 5.  Resolution 04-6 - Adopted the 2004 Update of the Solid Waste Management Plan and authorized submission to MDE for final approval.  (See Resolution below)

Item 6.  Intergovernmental Agreement – Approved agreement with MES to conduct electronics goods and mercury thermometer collection and recycling event on June 26 to be funded through MES and MDE with local costs under $1,000 from current Recycling Budget. 

Item 7.  Roads Division Waiver of Travel Restriction Policy – Approved request of  James Lashley, Division Chief, to travel to Lexington, KY for APWA North American Snow Conference previously authorized, reserved and budgeted for April 25-28.

Item 8.  Celanese Wastewater Treatment Plant Upgrade Project – Enter into agreement with MDE, after negotiation, to extend implementation for ENR (Enhanced Nutrient Removal) goals; award $945,000 change order to Carl Belt to restore Aeration Tank #2; and award $10,000  change in contract to Hazen & Sawyer to perform engineering review of plant modifications needed to meet ENR  goals. 

Item 9. Library Renovations – Awarded bid to Harbel, Inc. in amount of $754,000 (Base + Alternate 1) for renovations as recommended by Library Board and Public Works and authorized Administrator to sign all documents. 

Item 10.  Allegheny Highlands Trail – Requested permission to advertise Section II (Woodcock Hollow Rest Area) and Section III (New Hope Road to Woodcock Hollow) subject to Federal & State Highway notice to proceed. 

Community Services Department

Item 11.  Fairgrounds – Accepted bid of S & S Farm Machinery for purchase of Mahindra 4110WWD farm tractor in amount of $19,045.

Item 12. Resolution 04-7 Adopted Resolution authorizing submission of application to State for Housing Rehabilitation Phase III in amount of $350,000 with no local match.  (See Resolution below)

Item 13. Resolution 04-8  Adopted Resolution authorizing submission of application to State for Countywide Housing Study Phase II funds in amount of $17,500 with a local match of $1,000 in-kind and $3,500 from Housing Revolving Loan Fund.  (See Resolution below)

Item 14.  Resolution 04-9 Adopted Resolution authorizing submission of application to State for Niners Lane Sewer Improvements in the amount of $122,500 with local in-kind match provided by Public Works for design services.  (See Resolution below)

Item 15. Salvage Yard License for 2004 – Approved issuance of license #0516  to Floyd Moore, t/a A to Z Auto Parts, 19524 Ocean Hill Rd., Frostburg for $100 plus $150 late filing fee. 

Combined County Criminal Investigation

Item 16.  Surplus Vehicle – Accepted title to 1995 Oldsmobile 4-dr. sedan (Vin 1G3HN52K4SH312147) mileage: 119,201 from City of Cumberland for C3I for use of Narcotics Task Force and place on County insurance.

Item 17.  Surplus Vehicle – Accepted title to 1999 Ford 4-dr. sedan (Vin 2FAFP71W1XX159886) mileage:  138.031 from City of Cumberland for C3I for use of Narcotics Task Force and place on County insurance. 

Department of Social Services

Item 18.  New Hope Summer Camp – Authorized applications to State Dept. of Education and Developmental Disability Administration for program, agree to accept $2500 from MSDE and $11,114 from DDA and forward funds for program and authorize agreement for School Food Authority to furnish the meals. 

 

RESOLUTION NO. 04-6

                WHEREAS, the County Commissioners of Allegany County, Maryland, are required by Act of Legislature of the State of Maryland to prepare and update a Solid Waste Management Plan in accordance with Title 9, Subtitle 5, of the Environment Article of the Annotated Code of Maryland; and

                WHEREAS, the County Commissioners of Allegany County did previously cause an update of the Solid Waste Management Plan to be prepared and subjected to public hearing and subsequently adopted by appropriate action of the County Commissioners of Allegany County on July 13, 2000, and

                WHEREAS, the County Commissioners of Allegany County desire to again amend said Solid Waste Management Plan; and

                WHEREAS, the County Commissioners of Allegany County did in accordance with the prescribed procedures advertise and hold a public hearing to amend said Plan on March 25, 2004.

                NOW, THEREFORE, BE IT RESOLVED AND ORDAINED that the County Commissioners of Allegany County in accordance with the requirements of Title 9, Subtitle 5, Environmental Article of the Annotated Code of Maryland, by proper motion and seconded in public meeting on April 23, 2004 do hereby adopt the 2004 Updated Solid Waste Management Plan and direct that copies of this Resolution and copies of the 2004 Solid Waste Management Plan be made a part of the minutes of their regular meeting on April 23, 2004.

                ADOPTED by the County Commissioners of Allegany County, Maryland on April 23, 2004.                                                             

 

 

                   RESOLUTION 04-7

WHEREAS, the State of Maryland accepts applications for eligible local governments under provisions of the Community Development Block Grant Program; and

WHEREAS, the Board of County Commissioners of Allegany County has held the required public hearing and has determined that it would be in its best interests to undertake a project for Housing Rehabilitation Assistance; and

WHEREAS, said project will benefit persons from low and moderate income families in Allegany County.

NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Allegany County, Maryland;

1) That the President of the County Commissioners is hereby authorized and empowered to sign any and all documents relating to or supporting an application to the State of Maryland under the provisions of the Community Development Block Grant Program for Housing Rehabilitation Phase III in the amount of $350,000.

2) That the Allegany County Department of Community Services is authorized to transmit to the Maryland Department of Housing and Community Development said CDBG application, including all assurances and understandings contained therein; and to respond on behalf of Allegany County to any request for information and otherwise act as the official representative of Allegany County with regard to said CDBG application until final disposition of the application is made known.

3) That this Resolution shall become effective on this 23rd day of April, 2004.

 

 

                                        

               RESOLUTION 04-8

WHEREAS, the State of Maryland accepts applications for eligible local governments under provisions of the Community Development Block Grant Program; and

WHEREAS, the Board of County Commissioners of Allegany County has held the required public hearing and has determined that it would be in its best interests to complete the County-wide Housing Study Phase II; and

WHEREAS, said project will benefit persons from low and moderate income families in Allegany County.

NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Allegany County, Maryland;

1) That the President of the County Commissioners is hereby authorized and empowered to sign any and all documents relating to or supporting an application to the State of Maryland under the provisions of the Community Development Block Grant Program for County-wide Housing Study Phase II in the amount of $17,500.

2) That the Allegany County Department of Community Services is authorized to transmit to the Maryland Department of Housing and Community Development said CDBG application, including all assurances and understandings contained therein; and to respond on behalf of Allegany County to any request for information and otherwise act as the official representative of Allegany County with regard to said CDBG application until final disposition of the application is made known.

3) That this Resolution shall become effective on this 23rd day of April, 2004.

 

 

                 RESOLUTION 04-9

WHEREAS, the State of Maryland accepts applications for eligible local governments under provisions of the Community Development Block Grant Program; and

WHEREAS, the Board of County Commissioners of Allegany County has held the required public hearing and has determined that it would be in its best interests to undertake a project for Niners Lane Sewer Improvements; and

WHEREAS, said project will benefit persons from low and moderate income families in Allegany County.

NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Allegany County, Maryland;

1) That the President of the County Commissioners is hereby authorized and empowered to sign any and all documents relating to or supporting an application to the State of Maryland under the provisions of the Community Development Block Grant Program for Niners Lane Sewer Improvements in the amount of $122,500.

2) That the Allegany County Department of Community Services is authorized to transmit to the Maryland Department of Housing and Community Development said CDBG application, including all assurances and understandings contained therein; and to respond on behalf of Allegany County to any request for information and otherwise act as the official representative of Allegany County with regard to said CDBG application until final disposition of the application is made known.

                3) That this Resolution shall become effective on this 23rd day of April, 2004.

 

 

ADDITION TO AGENDA

 

Board of Education

Item 19.  Budget Transfer – Approved transfer of $68,000 from “Instructional Salaries” to “Other Instructional Costs” ($4,096) and “Instructional Supplies” ($63,904) to fund supplies and textbooks and computer equipment and authorized the Finance Director to make any necessary changes to the records.

 

 

BIDS

County Clerk Carol Gaffney gave a bid report on “New Farm Tractor for Fairgrounds” as follows:    

BIDS

New Farm Tractor

April 13, 2004 – 3:00 p.m.

 

S&S Farm Machinery

P.O. Box 138

Corriganville, MD  21524

Bid Price:  $19,045 – Mahindra 4110WWD

   No request for local preference

   Could be delivered April 23rd

    

Note:  Two 4110 Mahindra tractors with M112 front end loaders in stock.  It meets or exceeds specifications.  Rear tires filled with ballast no charge

Adams Equipment Co.

P.O. Box 1130

Ft. Ashby, WV  26719-1130

Bid Price:  $18,950 – Farmtrac 450DTC

     w/5340 loader

   No request for local preference

   Could be delivered May 10 or before

The above figures represent bid sheet figures as received and do not represent the county’s verification of the amount listed. Bids were opened by Clerk Carol A. Gaffney in the presence of Cathy Blank, Office Associate.  Glenn Stahlman, Linda Simpson, and a representative from Adams Equipment also attended the bid opening.   The bids were referred to the David Eberly (Department of Community Services) and Glenn Stahlman (Fairgrounds) for review and recommendation back to the Commissioners.   

Awarded above see Item 11.

 

 

DISCUSSION

Commissioner Hutcheson said he was pleased to see the Tri-State Community Health Project back on track and moving forward.  They will have a ground-breaking soon.

 

Commissioner Stakem congratulated Cumberland Times-News for winning 5 AP Awards (3 to Jim Rada).  He also congratulated Brian Gowans on the birth of his daughter Zoe.

 

Bill Chambers, Potomac Park, said he talked with Delegate Leroy Meyers about the flush tax and wanted Bowling Green Sanitary District exempted from this because of the update they are now paying for relative to the nutrient treatment.  It amounts to double taxation.  He asked that a letter be sent to the Governor asking for relief for the customers. 

Commissioner Stakem said everyone is upset.  Some counties feel they should be exempt.

Commissioner Hutcheson said the federal government has mandated the state bay cleanup program; however, several other states should be involved also.  Overall the cleanup is a good step forward.  There will be a problem with septic systems and double taxation of various groups. 

Administrator Ishler noted that we may be eligible for funding that is created by the flush tax legislation. 

Steve Young said that we have withdrawn Item 8 until we know what additional funding may be offered to go from BNR to ENR.

Commissioner Hutcheson noted that we have 1 of 66 plants that can be helped by this. 

Commissioner Roque pointed out that this is the problem of unfunded mandates from the federal or state governments. 

Commissioner Stakem said we are in agreement with him and this could snowball. We will try to do what we can. 

 

Commissioner Stakem announced that Tuesday night will be State of the County.  In addition, he noted that April 29 will be advertised legislative day. 

 

Reminders  

Next Work Session   -  Thursday,   April 29   at 9:00 a.m.,  Room 212

Next Public Meeting  - Thursday,   April 29    at 11:00 a.m., Room 100

                       

Adjournment: 

 

There being no further business to come to the attention of the Board, a motion to adjourn at 11:29 a.m. was made and duly carried.

 

 

 

Preliminary Budget for Fiscal Year 2005

SPECIAL HEARING

(Following regular public meeting)

 

  • Presentation/Overview – Jerry Frantz, Director of Finance
  • Public Input  - Questions

 

Jerry Frantz explained (by PowerPoint presentation) that last year’s budget was $101.2 M and we had requests for $115.3 M with a recommended budget of $102.7 M that represents a 1.4% increase.  Allegany County is 11th in the state for income tax rates and also for real property tax rates.  Mr. Frantz reviewed the revenue sources (property tax, income tax, other local taxes, grants and service fees) and explained the expenditures in the $64,384,413 General Fund.  Overall we will have a 2.6% increase in general fund expenditures do mainly to detention center increase of 27.2%, Transfer to Highway Fund of 18.5%, Visitor Bureau increase by 13.1% employee benefits to 10.3%, Sheriff increase of 10.2% and 911 increase of 7.6%.   Regarding education, Mr.  Frantz noted that 52% of taxes go toward this expenditure and the Board of Education  receives 71% of the General Fund ($25,630,000) appropriation.  There are 29 services provided to residents that no municipality provides representing $49.7 M.  Mr. Frantz explained that education (Bd. of Ed, ACM + debt service) makes up 52% of the General Fund Budget (with BOE the single largest recipient of tax dollars receiving 42%).  Several more opportunities will be scheduled for comments on the preliminary budget with adoption on June 3, 2004. 

The budget will be available for public review on the county website. 

The Commissioners thanked Mr. Frantz for an outstanding job on development of this year’s budget and his presentation.

 

Adjournment:  11:55 a.m.