June 22, 1999

Denton, Maryland

 

 

The regularly scheduled meeting of the County Commissioners of Caroline County, Maryland, convened at 9:30 AM in the Hearing Room, Courthouse, Denton.

Attending:

John W. Cole, President

Franklin W. Prettyman, Vice President

John S. LeGates, Member

Charles C. Cawley, County Administrator

On motion by Mr. LeGates, the minutes of June 15, 1999 were approved with one correction. Vouchers #46858 – #46957 were approved for payment.

The Commissioners signed State Assessment Change Report #1280.

The Commissioners conducted an advertised bid opening for project #CC-JS-62299, County building janitorial services. The following bids received were publicly opened, read aloud and recorded:

Bidder Package A Package B Package C Alternate #1 Alternate #2

(Carpet Clean (Clean Exterior

and Shampoo) Windows and

Glass Walls)

(Yearly Lump Sum Totals)

Wright’s Cleaning Service

Denton, Maryland No Bid $ 32,247.48 $ 19,603.92 No Bid No Bid

Aardvark Janitorial Services

Annapolis, Maryland $ 58,651 $ 24,060 $ 11,586 $ 1,800 $ 1,450

C J & J Enterprises, Inc.

California, Maryland $ 48,835.92 $ 17,568 $ 8,316 $ 4,721.82 $ 2,971.40

Multi-Corp Commercial

Cleaning Systems

Westminster, Maryland $ 78,270.02 No Bid No Bid $ 2,750 $ 750

Spiff and Shine

Centreville, Maryland $ 90,540 $ 39,240 $ 16,080 $ 6,000 $ 1,800

The Caroline Center, Inc.

Ridgely, Maryland $ 89,113.68 $ 20,042.40 $ 5,813.28 No Bid No Bid

Dyna Company, Inc.

Cambridge, Maryland $ 64,667.28 $ 23,076.24 $ 9,154 $ 7,000 $ 2,800

Package A: Courthouse, Health and Public Services Building, Library (Denton)

Package B: Public Works, Library (Federalsburg), Emergency Management, Armory

Package C: Mental Health, Substance Abuse Counseling Center

The bids were referred to staff for evaluation.

On individual motions by Mr. LeGates, the following purchase orders were unanimously approved and signed:

#16161 - $18,495.80 – Maryland Environmental Service – 389.38 tons of refuse hauled to Mid-Shore Regional Landfill for May 1999;

#16167 - $41,791.60 – Queen Anne’s County Roads Department – materials used in FY 1999 line striping projects; and

#16280 - $6,750 – Medical Priority – registrations for 30 participants in emergency medical dispatch training (fully-funded by grant through MIEMSS).

 

 

On motion by Mr. LeGates, the Commissioners unanimously approved and President Cole signed Provident Lease Corporation Acceptance Certificate No. 14 for release of funds in the amount of $27,000 to American Combustion Industries for 2,000 gallon underground fuel storage tank, fuel monitoring system, fuel dispensing pumps and related equipment for Choptank Marina.

On motion by Mr. LeGates, the Commissioners unanimously accepted the low proposal of Lane Enterprises, Inc., Bealeton, Virginia, in the amount of $26,425.95 for aluminized corrugated metal pipe and bands for Wilkins Branch bridge replacement project, and signed purchase order 16236 in that amount. All other proposals received were rejected.

On motion by Mr. Prettyman, the Commissioners unanimously approved the following contingency fund expenditure: $40,000 – Commissioners of Denton – Crouse Park boat ramp project (reimbursable through Program Open Space funds over the next three years).

On motion by Mr. LeGates, the Commissioners unanimously approved and signed an accounting office transfer request to transfer $68,370.36 from the leased industrial property fund to the general fund for MILA loans for Koski, Bartley and Ritz/Boaters World.

On motion by Mr. LeGates, the Commissioners unanimously approved and signed an accounting office transfer request to transfer $195,534.42 from the general fund to the Health and Public Services fund for FY 1999 MEDCO rental expenditures.

On motion by Mr. LeGates, the Commissioners unanimously signed a proclamation declaring June 23rd as Coast Guard Auxiliary Day in Caroline County, as read aloud and presented by Robert Corwin, Denton Flotilla Commander.

On motion by Mr. Prettyman, the Commissioners unanimously approved and signed the following resolution, as presented by Helen Spinelli, economic development director:

RESOLUTION #99-017

Establishment of Caroline County Revolving Loan Fund

Application for Matching Funds from State of Maryland Department of Business and Economic Development Maryland Industrial Land Act Funds

 

A RESOLUTION concerning the application to the State of Maryland Department of Business and Economic Development for funds in the amount of $50,000.

Whereas, the County Commissioners of Caroline County, with the adoption of the Capital Budget for Fiscal Year 2000 on June 8th, 1999, dedicated $50,000 from general funds for the creation of a Caroline County Revolving Loan Fund: and

WHEREAS, the State of Maryland Department of Business and Economic Development, in accordance with the provisions of Senate Bill 446, have funds available to match funds dedicated by jurisdictions for the creation or enhancement of a revolving loan fund.

NOW, THEREFORE, IT IS HEREBY RESOLVED That the County Commissioners of Caroline County, Maryland do hereby make an application for funds in the amount of $50,000 to the State of Maryland Department of Business and Economic Development Maryland Industrial Land Act Fund.

ADOPTED/EFFECTIVE: COUNTY COMMISSIONERS OF

JUNE 22, 1999 CAROLINE COUNTY, MARYLAND

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Helen Spinelli, economic development director, gave the Commissioners an update regarding One Maryland stating that she and JOK Walsh, economic development consultant, attended a meeting last week for One Maryland. Development of a nine-county strategic plan was requested at the meeting as well as specific site plans for the proposed projects outlining how the funds will be spent. The One Maryland project will make available $10 million to be distributed among seven jurisdictions. The development of a regional plan is another key component which Ms. Spinelli, Mr. Cawley and Commissioners Prettyman and LeGates will be attending a meeting on Thursday, June 24th to address. Ms. Spinelli said that Caroline County will be presenting ten projects as well as partnering with counties on some other projects.

Sherry Harris, accompanied by Sandi Poplaski and Barbara Bacon, presented their concerns regarding the Board of Education’s plans to reduce full day kindergarten to half day. President Cole responded that the Board has since changed its mind. He reviewed the Commissioner’s capital commitment to the schools, and the many other funding obligations of the County. The citizens were provided with the Education Study Commission membership list and thanked for coming in.

On motion by Mr. Prettyman, the Commissioners unanimously approved and President Cole signed the FY 1999-2000 Annual Program Open Space Plan, as presented by Sue Simmons, director of recreation and parks.

On motion by Mr. LeGates, the Commissioners unanimously approved and President Cole signed the FY 2000 Maryland Department of Health and Mental Hygiene Administration Memorandum of Understanding between Caroline County and the Mid-Shore Mental Health Systems, Inc. for continuation of administration of the public mental health system in the mid-shore region.

On motion by Mr. LeGates, the Commissioners unanimously approved and President Cole signed a FY 1999-2000 budget certification of the County appropriation for the Caroline County Health Department.

On motion by Mr. LeGates, the Commissioners unanimously approved and President Cole signed FY 1999-2000 Maryland Department of Human Resources Emergency and Transitional Housing and Services (ETHS) and Homelessness Prevention Program (HPP) renewal contract verifying State grant funds in the amount of $28,809. The program is administered by the Caroline County Department of Social Services.

On motion by Mr. LeGates, the Commissioners unanimously approved and signed a FY 1999-2000 lease addendum renewing the lease between Caroline County and James R. McConnell and Dorothy V. McConnell for rental of office space at 606 Sunnyside Avenue, Denton, in the amount of $2,070.32 monthly for use by the mental health division of the health department.

At 11:30 a.m., and as authorized by 1995 Md. Code, State Government 10-508, as amended, (see paragraph citations below) the Commissioners on motion by Mr. LeGates and seconded by Mr. Prettyman, unanimously adjourned into closed session to meet with:

    1. Ernst Selig, personnel consultant, regarding a position description and standards (a)(1);

    2. Ellis and Janice Davison, deputy County attorneys, regarding a correctional employee termination review (a)(1,7); an update on a licensing employee disciplinary action (a)(1,7); and a letter received from counsel (a)(1);

    3. Staff regarding review/distribution of counsel opinion on the Education Study Commission (a)(7,8); and

    4. JOK Walsh, economic development consultant, and Helen Spinelli, economic development director, regarding a company expansion (a)(4).

The meeting reconvened in open session at 1:37 p.m. President Cole reported that the Commissioners in closed session discussed the following:

 

 

    1. A position description and standards for the Commissioner’ executive assistant ;

    2. Termination review of a correctional employee and discussion of due process with staff and counsel;

    3. A licensing employee disciplinary action and procedures to be followed with staff and counsel;

    4. A letter from counsel regarding continuation of legal representation;

    5. A counsel opinion on the Education Study Committee and a distribution list for the opinion (see below); and

    6. A possible company expansion and action options that the Commissioners may puruse to assist the company.

On motion by Mr. Prettyman, the Commissioners unanimously authorized distribution of the Funk & Bolton counsel opinion and summary opinion to be sent to the president of the Caroline County Board of Education, the chair of the Education Study Commission and its members, and to the press. The Commissioners instructed staff to draft a cover letter to accompany the counsel opinion and summary opinion. Excerpts of the summary opinion follow:

RE: Ad Hoc Study Commission – Summary of June 14, 1999 Opinion Letter

The Commissioners have requested a summary of our June 14, 1999 opinion regarding (1) the scope of authority of the county Commissioners of Caroline County to establish an ad hoc committee comprised of citizens with the twin purposes of fostering the relationship between the county governing body and the local board of education and determining whether or not a performance audit of the local school system is warranted, and (ii) whether Section 5-110 of the Education Article, Annotated Code of Maryland, restricts the establishment or workings of such an ad hoc citizen advisory committee.

In the drafting of our opinion, we researched and reviewed the history of the Study Commission; relevant correspondence, memoranda and minutes; applicable law and legislative history.

Background

The County Commissioners of Caroline County have appointed an ad hoc Caroline county Education Study Commission (the "Study Commission") comprised of fifteen (15) citizen members. The charge of the Study Commission was outlined in a letter dated March 2, 1999 from the County Commissioners to G. Albert Turner, President of the Caroline County Board of Education:

"The Commission has been instructed to produce a written report . . . responding to the following charge, but may look into relevant areas outside its charge within reason:

    1. Should a performance audit of the Caroline County public school system be conducted?

    2. Should Caroline county have an elected school board or an appointed school board?

    3. Define and evaluate the current relationship with Chesapeake College organizationally and fiscally. Make recommendations for improvements."

In that same letter to the Board of Education, the County Commissioners expressed their intent in the establishment of the Study Commission:

"The Commissioners wish to reassure the Board that the ultimate purposes of this Commission are to foster a better working relationship between the Commissioners and the Board, and an improved educational system. We further wish to reassure you that the tenor of this inquiry is to be open, amicable, respectful and thorough."

Questioning the legitimacy of the Study Commission, the Board of Education responded to the County Commissioners on March 4, 1999, advising that "we [the Board of Education] respectfully decline to participate in the process you have created."

Conclusion and Advice

A structured dialogue and fact finding among a citizen ad hoc committee – relative to local school system accountability and efficiency – is not only legally permissible, but advisable in the reasonable determination of whether or not a performance audit pursuant to Section 5-110 of the Education Article is warranted. Towards that end, the appointment of the Ad Hoc Education Study Commission does not exceed the County Commissioners’ authority and in no way imposes any requirement on the Board of Education that would interfere or conflict with the Board of Education’s express statutory powers or duties.

Section 5-110 of the Education Article provides a measure of last resort, available to the County Commissioners in the extreme circumstance where the Board of Education refuses to cooperate in discussions regarding school system operations and efficiencies. The Board of Education’s posture of nonparticipation and cumbersome access to information is counter to the weight of authority and in contravention of free and open disclosure and the public policy of the State of Maryland pursuant to the Open Meetings Act and the Public Information Act.

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There being no further business, the meeting of the County Commissioners was adjourned by unanimous consent at 1:37 p.m.

 

Vivian L. Anders

County Commissioner’s Office Coordinator