Kent County Board of County Commissioners 2/19/2002

KENT COUNTY, MARYLAND


Board of County Commissioners

February 19, 2002

The Honorable Board of License Commissioners met today with the following present: Larry B. Beck, W. Michael Newnam, and Ronald H. Fithian, presiding.

T. Edward Robinson, County Administrator, was also in attendance.

Minutes of the previous meeting were approved.

W. Roger Williams, Treasurer, reported a balance of $6,715,224.00.

BUDGET
BAYSIDE PUBLIC LANDING

The Commissioners held a budget workshop with the following in attendance: Carter Stanton, Public Works Director, Jim Wright, County Engineer, Jeff Troester, Parks & Recreation Director, Pat Merritt, Director of Budget & Accounting, and Bernadette Van Pelt, Tourism Director. The purpose of this workshop was to have a preliminary review of recommended needs to be included in the proposed 2003 budget for consideration as it relates to Pelorus Marina, property recently acquired by the County. The Commissioners agreed that this property will now be referred to as Bayside Public Landing. Mr. Troester will have his maintenance staff make the signs for this property. Those in attendance were requested to seek availability of State funding and to seek bids for the following projects: ramp, upgrading the restroom and shower facilities, pilings, etc.

Mrs. Van Pelt advised that she would be including in her FY 03 budget a funding request to provide a small scale visitors center at this location. She questioned availability of picnic tables, etc. Mr. Troester advised that his Department could provide several picnic tables. He also advised there would be a need for two lifeguards to supervisor the pool facilities, who could also assist with the maintenance of the restroom facilities. Mr. Stanton advised that the Public Landings Maintenance crew could also assist in the upkeep of the restroom facilities.

Commissioner Fithian advised the installation of a ramp is priority in order to relieve the parking at Green Lane Public Landing. He would also like to see pilings installed as soon as possible and requested the bid process begin immediately.

Commissioner Fithian also advised that the Department of Natural Resources Marine Police has been given permission to tie their police boat at this site.

Mr. Stanton recommended that there be a yearly fee for slip rental, however, Commissioner Fithian felt it should be offered on a semi-annual basis.

Further discussion will be held during the FY 03 budget process. In the meantime, the Commissioners agreed to schedule a site visit to the property for inspection.

CHESAPEAKE FIELDS

John Hall, County Extension Director, appeared and reported of the upcoming meeting with legislators to discuss funding for Chesapeake Fields.

CODE HOME RULE
MILLINGTON WATER AND SEWER PROJECT

Wayne Morris, Director, Department of Water and Wastewater Services, questioned status of proposed legislation for bond authorization as it relates to the Millington Water and Sewer Project. He advised that concerns raised at the January 29 public hearing could be addressed separately from the legislation since the sole purpose of the legislation is to address bond authorization needed for the financing of this project. The Commissioners then agreed to act on this legislation.

Third reading was held on Code Home Rule Bills No. 1-2002 and 2-2002 which are as follows:

Code Home Rule Bill No. 1-2002 which is: an Act to authorize and empower the County Commissioners of Kent County to borrow not more than One Million Five Hundred Thousand Dollars ($1,500,000.00) for the public purpose of financing, refinancing or reimbursing all or a portion of the costs of the acquisition, construction, improvement, installation, furnishing and equipping of components of a water system, together with related costs, as more fully described herein, and to evidence such borrowing by the issuance and sale, upon its full faith and credit, of its general obligation bond or bonds in one or more series in aggregate like par amount; empowering and directing the Board of County Commissioners to adopt a resolution or resolutions in accordance with Section 15(4) of Article 25B of the Annotated Code of Maryland (1998 Replacement Volume, as replaced, supplemented or amended) prior to issuing any such bond or bonds; providing that the principal of and interest on the bond or bonds will be payable in the first instance from revenues received in connection with the operation of the water system serving the County; empowering and directing the County to levy ad valorem taxes in rate and amount sufficient to provide funds for the payment of the maturing principal of and interest on the bond or bonds authorized hereby and pledging the County's full faith and credit and unlimited taxing power to the payment thereof; exempting the bond or bonds from the provisions of Sections 9 to 11, inclusive, of Article 31 of the Annotated Code of Maryland (1997 Replacement Volume, as replaced, supplemented or amended); authorizing and empowering County Commissioners of Kent County to borrow not more than One Million Five Hundred Thousand Dollars ($1,500,000.00) in anticipation of the issuance and sale of its bond or bonds, and to evidence such borrowing by the issuance and sale, upon its full faith and credit, of its general obligation bond anticipation note or notes in one or more series in aggregate like par amount; empowering and directing the Board of County Commissioners to adopt a resolution or resolutions in accordance with Section 15(4) of Article 25B of the Annotated Code of Maryland (1998 Replacement Volume, as replaced, supplemented or amended) and Section 12 of Article 31 of the Annotated Code of Maryland (1997 Replacement Volume, as replaced, supplemented or amended) prior to issuing any such bond anticipation note or notes; exempting the bond anticipation note or notes from the provisions of Sections 9 to 11, inclusive, of Article 31 of the Annotated Code of Maryland (1997 Replacement Volume, as replaced, supplemented or amended); providing that this title be deemed a fair summary of this public local law for all purposes; and relating generally to the issuance and sale of such bond or bonds and such bond anticipation note or notes.

Code Home Rule Bill No. 2-2002 which is: an Act to authorize and empower the County Commissioners of Kent County to borrow not more than One Million Five Hundred Thousand Dollars ($1,500,000.00) for the public purpose of financing, refinancing or reimbursing all or a portion of the costs of the acquisition, construction, improvement, modification, expansion, extension, installation, furnishing and equipping of components of a wastewater system, together with related costs, as more fully described herein, and to evidence such borrowing by the issuance and sale, upon its full faith and credit, of its general obligation bond or bonds in one or more series in aggregate like par amount; empowering and directing the Board of County Commissioners to adopt a resolution or resolutions in accordance with Section 15(4) of Article 25B of the Annotated Code of Maryland (1998 Replacement Volume, as replaced, supplemented or amended) prior to issuing any such bond or bonds; providing that the principal of and interest on the bond or bonds will be payable in the first instance from revenues received in connection with the operation of the wastewater system serving the County; empowering and directing the County to levy ad valorem taxes in rate and amount sufficient to provide funds for the payment of the maturing principal of and interest on the bond or bonds authorized hereby and pledging the County's full faith and credit and unlimited taxing power to the payment thereof; exempting the bond or bonds from the provisions of Sections 9 to 11, inclusive, of Article 31 of the Annotated Code of Maryland (1997 Replacement Volume, as replaced, supplemented or amended); authorizing and empowering County Commissioners of Kent County to borrow not more than One Million Five Hundred Thousand Dollars ($1,500,000.00) in anticipation of the issuance and sale of its bond or bonds, and to evidence such borrowing by the issuance and sale, upon its full faith and credit, of its general obligation bond anticipation note or notes in one or more series in aggregate like par amount; empowering and directing the Board of County Commissioners to adopt a resolution or resolutions in accordance with Section 15(4) of Article 25B of the Annotated Code of Maryland (1998 Replacement Volume, as replaced, supplemented or amended) and Section 12 of Article 31 of the Annotated Code of Maryland (1997 Replacement Volume, as replaced, supplemented or amended) prior to issuing any such bond anticipation note or notes; exempting the bond anticipation note or notes from the provisions of Sections 9 to 11, inclusive, of Article 31 of the Annotated Code of Maryland (1997 Replacement Volume, as replaced, supplemented or amended); providing that this title be deemed a fair summary of this public local law for all purposes; and relating generally to the issuance and sale of such bond or bonds and such bond anticipation note or notes.

Ballots were distributed for voting. Upon their return, all ballots were marked favorable for these legislative bills; both bills will become effective as of April 5 (forty-five days from the adoption date). The Commissioners unanimously approved the legislative bills in order to proceed with obtaining authorization for this project. The decision as to the boundary lines of the water and sewer system will be determined at a later time.

In response to questions raised by the Commissioners, Mr. Morris advised all completed surveys distributed to property owners located in Kent Mill Subdivision, west on Chesterville - Millington Road and north on MD Route 313, should be received by next week.

COMMUNITY CENTER

Correspondence was received from Charles "Chip" MacLeod, Esq., forwarding a registration form in compliance with the Annotated Code of Maryland, State Government; Title 15, Subtitle 7 - Lobbying 15-703 Registration with Commission, in conjunction with supporting the Kent County Community Center Project. The Commissioners reviewed and Commissioner Fithian reviewed and executed the registration form.

COUNTY ROADS DIVISION

Correspondence was received from Lee Ann Myers, Administrative Aide, requesting approval to purchase a dump truck per the standard ten year replacement schedule. Mrs. Myers advised of the option to purchase the truck model of preference using State contract before the new model becomes available. If ordered now, the truck would be delivered in October and payment would be made with Fiscal Year 2003 funding. This expenditure is to be funded from Highway User Funds. The Commissioners approved this request.

COURTHOUSE
CHESTER VALLEY MINISTERIAL ASSOCIATION

Correspondence was received from the Chester Valley Ministerial Association, advising of the planned procession through Chestertown marking the 14 stations of the Cross. They requested approval to use the Courthouse lawn for one of the 14 (ten minute) stops on Good Friday, March 28, to erect a temporary cross, read scripture, pray and proceed to the next station. The Commissioners approved the request to use the Courthouse lawn for this event.

DEPARTMENT OF WATER AND WASTEWATER SERVICES

Wayne Morris, Director, Department of Water and Wastewater Services, appeared to report on the following issues:

Edesville Service Area - Mr. Morris provided a draft of the Memorandum of Understanding by and between the Mayor and Town Council of Rock Hall, and the Commissioners, specifying the terms and conditions of the County extending the current water main (that serves the Edesville area) for the future provision of serving Edesville residents should an emergency arise.

General - Mr. Morris reviewed the Request for Proposals received to maintain, rehabilitate, repair and repaint five (5) water storage tanks. The work will include repairs/maintenance into compliance to standards for Fairlee, Georgetown, Worton, Kennedyville and Edesville water tanks. The following bids were received for years 2002 -2009:

Bidder 2002 2003 2004 2005 2006
Utilities Services Co. Inc. $67,287 $49,612 $49,612 $32,566 $32,566
Corrosion Control Corp. $43,862.63 $33,170.72 $49,095.55 $19,562.75 $45,308.91
2007 2008 2009 Total
Utilities Services Co. Inc $32,566 $35,823 $35,823 $334,775
Corrosion Control Corp. $8,250.21 $82,623.37 $9,100.29 $290,974.43

Mr. Morris advised he would review the bids and make a recommendation.

EXTENSION OFFICE
KENT COUNTY 4-H

John Hall, County Extension Director, Elizabeth Hill, Faculty Assistant, 4-H and Youth, and Jean Austin, Faculty Extension Assistant, appeared to provide an update on the 4-H Centennial Conversation on Youth & Family and Consumer Science.

Mrs. Austin provided an update and shared the successes of the Food and Health, Family Finance and Family Life programs. She advised of programs she presents on food and health focusing on feeding children, family finance and the availability of financial counseling. She also reported on the initiation of a "first year" newsletter sent to parents providing an effective means to reach/counsel new parents on various family oriented topics.

Commissioner Newnam noted he was unaware that the Extension Office hosted a vast array of programs to address pertinent and specialized family issues. He inquired if a list of services of available to the public. Mrs. Austin advised that the she was currently working with the Health Department to develop a brochure. Commissioner Newnam suggested she contact the Local Management Board (LMB) as it appears she provides services that have potential to be grant funded. Mrs. Austin reported that the programs are currently being funded with traditional Extension Office funding. Mr. Hall advised he has met with the LMB Director as to potential funding.

Mrs. Hill advised that 2002 marks the centennial anniversary of the 4-H program. She reported in celebrating the event, a Youth and Family Conversation took place at County, State and National level relating to meeting the needs of youth. She advised that the local Youth Conversation took place and reported that the discussion yielded exceptional ideas. Ideas expressed included a "hands on" service learning program, Project Outreach program which will identify and provide a plan to address a community problem and a project to provide fresh produce for the food pantry. She advised that Kent County was represented at the State Youth Conversation.

Mrs. Hill advised of the digital camera, donated by Kodak to all counties nation wide, as means to participate in a photo quilt project celebrating 4-H Centennial. She also reported on various 4-H community projects such as the Holiday Toy Drive and a dance that benefitted two New York Fire Companies.

Commissioner Beck expressed his pleasure at hearing positive aspects of local youth. The Commissioners thanked Mrs. Hill and Mrs. Austin for the update as well as their commitment to Kent County youth.

GAMING/RAFFLE PERMIT

The Commissioners approved a Raffle Permit for the National Multiple Sclerosis Society to hold a fund raising event on June 1 at the Wilmer Park, Chestertown.

HOUSING IMPROVEMENT PROGRAM

The Commissioners received correspondence from Kay Pinder-Almen, Administrative Aide, Housing and Community Development, requesting approval to address an immediate emergency housing condition of a home located on Poplar Avenue, Chestertown. She advised that the living conditions warrant action and requested approval to include this project in Stage Three rehabilitations project. A motion was made by Commissioner Beck, seconded by Commissioner Newnam, and made unanimous by Commissioner Fithian to approve the project.

HUMAN RELATIONS COMMISSION

In follow-up from February 5 when a letter went forth to incorporated towns delineating the mission of the proposed County Human Relations Commission as well as expenses and pertinent issues associated with its formation, the Executive Assistant advised that no response has been received from the incorporated towns. The Commissioners concurred to verify the incorporated town's understanding of this matter before proceeding.

LEGAL COUNSEL

At 10:25 a.m., a motion was made by Commissioner Newnam, seconded by Commissioner Beck and made unanimous by Commissioner Fithian to go into executive session with Ernest S. Cookerly, County Attorney, for legal counsel in accordance with State Government Article, Section 10.508 of the Annotated Code of Maryland.

Items of discussion included litigation, proposed Visitor's Center Agreement, and Edesville water Service Agreement.

The executive session adjourned at 10:40 a.m.

LEGISLATION

The County Administrator provided an update on proposed Kent County legislation and advised of his recent testimony in Annapolis in support of these bills. He also noted of information relating to the Maryland State budget and how the lack of funds for FY03 may negatively impact all counties.

LIBRARY

At the recommendation of the Board of Library Trustees, the Commissioners approved appointment of Shirley J. Ecklund to the Kent County Library Board of Trustees effective January 1, 2002 for a five year term.

PARKS AND RECREATION
SASSAFRAS NATURAL RESOURCE MANAGEMENT AREA

Jeff Troester, Director, Parks and Recreation, appeared to request support for the Sassafras Natural Resource Management Area project. He advised of concern as to the recent request made by Congressman Gilchrest directed to the Charles Fox, Secretary, Maryland Department of Natural Resources, to divert funding from this project to a transportation project in Talbot/Caroline Counties.

Mr. Troester provided an update on the status of the natural resource area and advised of the proposed Department of Natural Resource plan to construct a primitive road to better access the pavilion and Sassafras River as well as upgrading the youth camping area to include restroom facilities. The 1000 acre resource management area which is adjacent to Turners Creek, was acquired by the State and has a classification as a "natural resource area" allowing for limited development. Mr. Troester advised that currently the Sassafras River is accessible by a three mile round trip via hiking, bicycling or horseback, from the present parking area.

He advised of a public hearing on the development plan scheduled for April 2002 and requested the Commissioners' support for the DNR draft plan.

Commissioner Fithian questioned the procedure that was proposed by Congressman Gilchrest to divert funds to a transportation project and for a transition of funding on this matter.

A motion was made by Commissioner Newnam, seconded by Commissioner Beck and made unanimous by Commissioner Fithian to support the DNR development plan as originally proposed.

PERSONNEL

At 10:40 a.m., a motion was made by Commissioner Beck, seconded by Commissioner Newnam and made unanimous by Commissioner Fithian to go into executive session to discuss personnel matters in accordance with State Government Article, Section 10.508 of the Annotated Code of Maryland.

The executive session adjourned at 10:45 a.m..

At 11:00 a.m., a motion was made by Commissioner Beck, seconded by Commissioner Newnam and made unanimous by Commissioner Fithian to go into executive session to discuss personnel matters in accordance with State Government Article, Section 10.508 of the Annotated Code of Maryland.

The executive session adjourned at 11:20 a.m.

PROGRAM OPEN SPACE

Jeff Troester, Director, Parks and Recreation, commented on the predicted slim Program Open Space (POS) allocation in the FY03 State budget. He advised that any future park development or projects, would, in his estimation, may be limited. In view of Mr. Troester's comments, Commissioner Fithian noted that the County acquisition of Pelorus Marina was timely.

PENSION PLAN

Bill received from Bruce R. Lerner, Esq. of Bredhoff & Kaiser in the amount of $473.03 was approved covering legal services for the month of December, 2001 as it relates to obtaining IRS ruling on transfer of VALIC funds toward the State Retirement and Pension System.

U-STAR TRANSPORTATION

Mr. Robinson reported that the regional County Administrators plan to meet with Carl Burke, Executive Director, Upper Shore Aging, to discuss items addressed in recent audit.

VISITOR'S CENTER

William S. Ingersoll, Town Manager, submitted an Agreement between the Town of Chestertown and the County Commissioners for the Board's adoption. The Commissioners reviewed this Agreement with the County Attorney who recommended amendments be made. The Commissioners concurred and Mr. Ingersoll was so advised of requested changes to be made. Later in the day, Mr. Ingersoll provided amended Agreement and the Commissioners approved and Commissioner Fithian signed the Agreement whereby the Town and County agree to enter into a lease agreement upon completion of the Visitor's Center.

There being no further business to claim their attention, the Board adjourned to meet again on Tuesday, February 26, 2002

 

Please contact Joyce Laskey or Janice Fletcher at (410) 778-7435 or by e-mail with any questions or comments.

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