Kent County Board of County Commissioners 6/4/2002

KENT COUNTY, MARYLAND


Board of County Commissioners

June 4, 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 $3,436,782.00.

BAYSIDE PUBLIC LANDING AND PARK

Carter Stanton, Director, Public Works, appeared to provide an update on Bayside Public Landing. In order to meet the need for larger vessels at Bayside Public Landing, he advised that pilings have been installed to make several slips longer. He also reported that construction for boat launching ramp will commence next week and plans are being made for the former owner to remove buildings as specified in the contract.

BETTERTON BEACH

Carter Stanton, Director, Public Works, reported that one piling, of a three piling cluster, has been broken at Betterton Beach. He advised that the piling could be repaired with Waterway Improvement (maintenance) grant funds. The Commissioners concurred.

CODE HOME RULE
COUNTY COMMISSIONERS

Third reading was held on Code Home Rule Bill No. 4-2002 which is: an Act to repeal and re-enact with an amendment to Section 3-2 Article I of Chapter 3 of the Code of Public Local Laws of Kent County, 1994 Edition, Title "Kent County" Sub-title "Administration of Government" to increase the salary of the County Commissioners of Kent County from $11,000 to 15,000.

Ballots were distributed for voting. Upon their return, all ballots were marked favorable for this legislative bill. This bill will become effective July 19, 2002 ( forty-five days from the adoption date); however, the salary increase will not be effective until the beginning of the next following term.

COUNTY ROADS

Correspondence was received from Ed Spray, County Roads Superintendent, requesting approval to purchase a replacement weed eater in the amount of $260. Mr. Spray advised that the purchase may be funded from the FY 02 budget. The Commissioners approved the request as presented.

COMMUNITY DEVELOPMENT BLOCK GRANT
FAIRLEE MANOR

The Commissioners received correspondence from Cindy Stone, Deputy Administrator, Federal Resources, Maryland Department of Housing and Community Development, advising that after review of the financial section of the Fairlee Manor Community Development Block Grant, it was determined that records are satisfactorily maintained.

COMMUNITY SERVICE PROGRAM REPORT

The Commissioners received the Community Service Program Report Executive Summary for Fiscal Years 1999 - 2001.

DEPARTMENT OF WATER AND WASTEWATER SERVICES

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

Millington Wastewater Expansion Project - The Commissioners received notification from Merrylin Zaw-Mon, Acting Secretary, Maryland Department of the Environment, advising that the 2002 General Assembly have appropriated $150,000 for the FY 03 Capital Budget for the Millington Wastewater Extension Project.

Worton Well Project - Mr. Morris provided an update on the Worton Well Project and advised that drilling would commence by the end of June.

Worton Service Area - In follow-up from May 14, Mr. Morris advised of the commencement of the next phases of the chlorine pilot test, using liquid chlorine instead of the gas chlorine for water treatment.

Septic Haulers - Commissioner Beck inquired as to the status of the card system installation to be used by septic haulers. Mr. Morris advised that software issues should be resolved by the end of the month and he expects the system to be in operation at that time.

Quaker Neck Service Area - In follow-up from April 23, relating to the request for 12 additional allocations, Commissioner Beck requested a follow-up with the incorporated town of Chestertown to consider the County purchasing additional allocations to meet this request and for future use. Later in the day, follow-up correspondence went forth to the incorporated town of Chestertown.

LEGAL COUNSEL

At 9:35 a.m., a motion was made by Commissioner Beck, seconded by Commissioner Newnam 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 proposed land acquisition.

The executive session adjourned at 9:40 a.m.

LEGISLATION

The Commissioners received correspondence from Catherine Daggett, Betterton, relating to her support of the Flag Protection Act awaiting action in Congress.

MARTIN WAGNER ROAD

In follow-up from May 14, Commissioner Fithian requested Carter Stanton, Director, Public Works, provide the necessary easement forms to Peter Connell, Daniel Elburn, and Steven Smith, representing the Board of Directors, Pig Neck Neighbors Road Association, for dissemination to effected property owners to initiate the right-of-way procedure for the County to take ownership of Martin Wagner Road, between Edesville Road and Elizabeth Lane. Mr. Stanton advised that according to County Roads Policy, the property owners will be responsible for bringing the road to County standards which includes, constructing a cul-de-sac and paving.

NATIONAL REGISTER OF HISTORIC PLACES

The Commissioners received a copy of correspondence from Peter Kurtze, Administrator, Evaluation and Registration, Maryland Department of Housing and Community Development, directed to Mr. and Mrs. John Sprinkle, advising that Thorton Property has been recommended by the Governor's Consulting Committee for nomination to the National Register of Historic Places. The property will now be submitted to the national Register Office in Washington.

NUISANCE ORDINANCE

Correspondence was received from Charles "Chip" MacLeod, Nuisance Enforcement Attorney advising of four cases filed in District Court on May 24 on behalf of the County Commissioners.

PENSION PLAN

Commissioner Fithian reported on his attendance at the three informational meetings held on May 30 as to opportunity for County employees to enroll in the Maryland State Retirement and Pension System and the Law Enforcement Officers Pension System (LEOPS). As of June 3, 92% of all eligible County employees and 95% of all eligible law enforcement officers voted to enroll in the State Pension Plans.

The Commissioners approved to recognize years of county full time employment no matter what length of time between break in service worked prior to July 1, 2002 excluding those who withdrew funding from their VALIC account. It was further approved that as of July 1, any employee hired or rehired, will not be eligible for receiving years of credit for previous years worked unless the individual employee chooses to buy in their service years.

The following resolutions were approved and signed by the Board:

A Resolution for eligible County employees to participate in the Maryland State Retirement and Pension System Employees' Contributory Pension System effective July 1, 2002.

A Resolution for eligible Deputy Sheriffs and Sheriff to participate in the Maryland State Retirement and Pension System Law Enforcement Officers Pension System effective July 1, 2002.

A Memorandum was received from Sherlynn Matesky of State Retirement and Pension System of Maryland advising eligible employees will be eligible to retire as early as August 1.

The final valuation for the ECPS and LEOPS will be completed in eight weeks from receipt of the certified employee data. The Board requested that valuation costs for the County Roads Division and LMB be separated in order to charge those costs to the Highway User Fund and LMB.

PERSONNEL
ECONOMIC DEVELOPMENT

At 8:31 a.m., and at the request of Elmer E. Horsey, Economic Development Director, a motion was made by Commissioner Newnam, seconded by Commissioner Beck and made unanimous by Commissioner Fithian to go into executive session personnel matters and proposal for a business to expand in Kent County in accordance with State Government Article, Section 10.508 of the Annotated Code of Maryland.

The executive session adjourned at 8:40 a.m.

PERSONNEL

At 9:00 a.m., a motion was made by Commissioner Newnam, seconded by Commissioner Beck 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 9:35 a.m.

At 10:10 a.m., a motion was made by Commissioner Beck, seconded by Commissioner Fithian and passed by the majority of the Board to go into executive session with Susanne Hayman, Human Resources Director, to discuss personnel matters in accordance with State Government Article, Section 10.508 of the Annotated Code of Maryland.

The executive session adjourned at 10:25 a.m.

At 11:00 a.m., a motion was made by Commissioner Beck, seconded by Commissioner Fithian and passed by the majority of the Board to go into executive session to discuss personnel matters with Jack Canan, Housing and Community Development Coordinator, in accordance with State Government Article, Section 10.508 of the Annotated Code of Maryland.

The executive session adjourned at 11:10 a.m.

PUBLIC LANDINGS

In follow-up from the bid opening on May 14, the Commissioners approved and executed a contract by and between the Commissioners and Dime Sanitation for temporary sanitary facilities at Public Landings.

RAILS TO TRAILS

In follow-up from last week, the Commissioners received additional letters in support of developing a walking/bicycling trail in Kent County.

SUBSTANCE ABUSE PREVENTION PROGRAM

The Commissioners received correspondence from Amy Moredock, Prevention Specialist, expressing appreciation on behalf of the Post Prom Planning Committee and students for the contribution to this year's Post Prom party.

TAX SALE PROPERTY

Correspondence was received from Dr. Serge Duckett requesting a response from the Commissioners relating to tax sale property identified on Map 55, Parcel 149. Dr. Duckett, returned the reimbursement of $1,194.62 representing property tax payments made from FY1980 to present on tax sale property identified on Map 55, Parcel 149. Dr. Duckett continues to inquire how this error could have happened. A letter went forth to Dr. Duckett from the County Treasurer along with the copies of past correspondence recapping the circumstances to date.

TOURISM DEVELOPMENT ADVISORY BOARD

Correspondence was received from Don Cantor resigning as a member of the Tourism Advisory Board. The Commissioners appointed Jonathan Wright to fill the unexpired term vacated by Mr. Cantor ending May 30, 2003.

UPPER SHORE AGING
USTAR TRANSPORTATION

Correspondence was received from Carl Burke, Executive Director, Upper Shore Aging, advising of public hearings relating to FY 03 USTAR operations. A public hearing has been scheduled on July 8, at 9:30 a.m. in the Upper Shore Aging office building, Chestertown.

Mr. Burke also noted of the dilemma of implementing the Maryland Transit Administration (MTA) recommended Transportation Development Plan (TDP) while serving both the public and Senior's needs.

The Commissioners approved and Commissioner Fithian executed two copies of the FY03 Statewide Special Transportation Assistance Program Operating Assistance Grant in the amount of $364,024 of State funding.

WORTON CREEK MARINA

The Commissioners received correspondence from the U.S. Army Corps of Engineers notifying the public and soliciting comments on the Worton Creek Marina Dredging project. Approximately two acres will be dredged and two existing piers are to be extended creating 30 additional slips. To make comments or request a public hearing, the U.S. Army Corps of Engineers may be contacted at: P O Box 1715, Baltimore, MD 21203-1715.

ZONING VIOLATION

In follow-up from additional correspondence was received from Glenn Sappington, Annapolis, last week, relating to alleged concerns of a structure built on the Grace Methodist Episcopal Church cemetery, correspondence went forth to Mr. Sappington advising that the committee formed to identify the gaps in documentation and preservation of all the County's historic resources will be apprised of concerns raised. He was advised that research suggests that a driveway may be in the vicinity of the grave site, however, the building permit issued for the house did not indicate the presence of a graveyard on the site. In addition, Mr. Sappington was informed that a 1972 Kent County publication stated that grave markers for this site had been removed. Property owners have been made aware of the possibility of a nearby grave site.

There being no further business to claim their attention, the Board adjourned to meet again on Tuesday, June 11, 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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